[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
[Rules and Regulations]
[Pages 2875-2876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-808]



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DEPARTMENT OF AGRICULTURE
9 CFR Part 97

[Docket No. 94-131-1]


Commuted Traveltime Periods: Overtime Services Relating to 
Imports and Exports

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations concerning overtime services 
provided by employees of Veterinary Services by adding a commuted 
traveltime allowance for Helena, Montana. Commuted traveltime 
allowances are the periods of time required for Veterinary Services 
employees to travel from their dispatch points and return there from 
the places where they perform Sunday, holiday, or other overtime duty. 
The Government charges a fee for certain overtime services provided by 
Veterinary Services employees and, under certain circumstances, the fee 
may include the cost of commuted traveltime. This action is necessary 
to inform the public of commuted traveltime for this location.

EFFECTIVE DATE: January 12, 1995.

FOR FURTHER INFORMATION CONTACT: Ms. Louise R. Lothery, Director, 
Resource Management Support, Veterinary Services, APHIS, USDA, P.O. 
Drawer 810, Riverdale, MD 20783. The telephone number for the agency 
contact will change when agency offices in Hyattsville, MD, move to 
Riverdale, MD, during January. Telephone: (301) 436-7517 (Hyattsville); 
(301) 734-7517 (Riverdale).

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 9 CFR, chapter I, subchapter D, and 7 CFR, 
chapter III, require inspection, laboratory testing, certification, or 
quarantine of certain animals, animal byproducts, plants, plant 
products, or other commodities intended for importation into, or 
exportation from, the United States. When these services must be 
provided by an employee of Veterinary Services (VS) on a Sunday or 
holiday, or at any other time outside the VS employee's regular duty 
hours, the Government charges a fee for the services in accordance with 
9 CFR part 97. Under circumstances described in Sec. 97.1(a), this fee 
may include the cost of commuted traveltime. Section 97.2 contains 
administrative instructions prescribing commuted traveltime allowances, 
which reflect, as nearly as practicable, the periods of time required 
for VS employees to travel from their dispatch points and return there 
from the places where they perform Sunday, holiday, or other overtime 
duty.
    We are amending Sec. 97.2 of the regulations by adding a commuted 
traveltime allowance for Helena, Montana. The amendment is set forth in 
the rule portion of this document. This action is necessary to inform 
the public of the commuted traveltime between the dispatch and service 
locations.

Effective Date

    The commuted traveltime allowances appropriate for employees 
performing services at ports of entry, and the features of the 
reimbursement plan for recovering the cost of furnishing port of entry 
services, depend upon facts within the knowledge of the Department of 
Agriculture. It does not appear that public participation in this 
rulemaking proceeding would make additional relevant information 
available to the Department.
    Accordingly, pursuant to the administrative procedure provisions in 
5 U.S.C. 553, we find upon good cause that prior notice and other 
public procedure with respect to this rule are impracticable and 
unnecessary; we also find good cause for making this rule effective 
less than 30 days after publication of this document in the Federal 
Register. [[Page 2876]] 

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been reviewed under Executive Order 12866. For 
this action, the Office of Management and Budget has waived its review 
process required by Executive Order 12866.
    The number of requests for overtime services of a VS employee at 
the location affected by our rule represents an insignificant portion 
of the total number of requests for these services in the United 
States.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

    This final rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This rule is intended to have preemptive effect 
with respect to any State or local laws, regulations, or policies that 
conflict with its provisions or that would otherwise impede its full 
implementation. This rule is not intended to have retroactive effect. 
There are no administrative procedures that must be exhausted prior to 
any judicial challenge to the provisions of this rule or the 
application of its provisions.

Paperwork Reduction Act

    This rule contains no new information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 
et seq.).

List of Subjects in 9 CFR Part 97

    Exports, Government employees, Imports, Livestock, Poultry and 
poultry products, Travel and transportation expenses.

    Accordingly, 9 CFR part 97 is amended as follows:

PART 97--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS

    1. The authority citation for part 97 continues to read as follows:

    Authority: 7 U.S.C. 2260; 49 U.S.C. 1741; 7 CFR 2.17, 2.51, and 
371.2(d).

    2. Section 97.2 is amended by adding in the table, in alphabetical 
order, under Montana, the following entry to read as follows:


Sec. 97.2  Administrative instruction prescribing commuted traveltime.

* * * * *

                     Commuted Traveltime Allowances                     
                               [In hours]                               
------------------------------------------------------------------------
                                                      Metropolitan area 
           Location covered               Served   ---------------------
                                           from       Within    Outside 
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Montana:                                                                
                                                                        
                  *        *        *        *        *                 
  Helena..............................  ..........          1           
                                                                        
                  *        *        *        *        *                 
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    Done in Washington, DC, this 6th day of January 1995.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-808 Filed 1-11-95; 8:45 am]
BILLING CODE 3410-34-P