Commuted Traveltime Periods: Overtime Services Relating to Imports and Exports

DEPARTMENT OF AGRICULTURE

7 CFR Part 354

[Docket No. 95-049-1]

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 Plant Protection and Quarantine by removing

and adding commuted traveltime allowances for travel between various

locations in Canada, Louisiana, Michigan, and Washington. Commuted

traveltime allowances are the periods of time required for Plant

Protection and Quarantine 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 Plant Protection and Quarantine

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 these locations.

EFFECTIVE DATE: October 15, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. James Smith, Operations Officer,

Port Operations, PPQ, APHIS, Suite 4A34, 4700 River Road Unit 60,

Riverdale, MD 20737-1236, (301) 734-8415.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 7 CFR, chapter III, and 9 CFR, chapter I,

subchapter D, require inspection, laboratory testing, certification, or

quarantine of certain plants, plant products, animals, animal

byproducts, or other commodities intended for importation into, or

exportation from, the United States. When these services must be

provided by an employee of Plant Protection and Quarantine (PPQ) on a

Sunday or holiday, or at any other time outside the PPQ employee's

regular duty hours, the Government charges a fee for the services in

accordance with 7 CFR part 354. Under circumstances described in

Sec. 354.1(a)(2), this fee may include the cost of commuted traveltime.

Section 354.2 contains administrative instructions prescribing commuted

traveltime allowances, which reflect, as nearly as practicable, the

periods of time required for PPQ 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. 354.2 of the regulations by removing and

adding commuted traveltime allowances for travel between various

locations in Canada, Louisiana, Michigan, and Washington. The

amendments are 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.

[[Page 53604]]

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.

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 PPQ employee at

the locations 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 12988

This final rule has been reviewed under Executive Order 12988,

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 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 7 CFR Part 354

Exports, Government employees, Imports, Plant diseases and pests,

Quarantine, Reporting and recordkeeping requirements, Travel and

transportation expenses.

Accordingly, 7 CFR part 354 is amended as follows:

PART 354--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND

USER FEES

1. The authority citation for part 354 continues to read as

follows:

Authority: 7 U.S.C. 2260; 21 U.S.C. 136 and 136a; 49 U.S.C.

1741; 7 CFR 2.22, 2.80, and 371.2(c).

2. Section 354.2 is amended by removing or adding in the table, in

alphabetical order, the following entries to read as follows:

Sec. 354.2 Administrative instructions prescribing commuted

traveltime.

* * * * *

Commuted Traveltime Allowances

[In hours]

------------------------------------------------------------------------

Metropolitan

area

Location covered Served from -----------------

Within Outside

------------------------------------------------------------------------

[Remove]

* * * *

* * *

Louisiana:

Barksdale AFB, Shreveport. ...................... ....... 3\1/2\

* * * *

* * *

England AFB............... Alexandria............ 1

England AFB, Alexandria... Baton Rouge........... ....... 5

England AFB, Alexandria... Monroe................ ....... 4

* * * *

* * *

Lake Charles.............. Alexandria............ ....... 4

* * * *

* * *

Michigan:

Bay City.................. Detroit............... ....... 5

Battle Creek.............. Kalamazoo............. ....... 2

Detroit (including Detroit ...................... 3

Metropolitan Airport,

Inkster).

* * * *

* * *

Monroe.................... Detroit............... ....... 3

Mt. Clemens............... Romulus............... ....... 4

Muskegon.................. Detroit............... ....... 6

* * * *

* * *

Muskegon.................. Kalamazoo............. ....... 4

[[Page 53605]]

* * * *

* * *

Port Huron................ Detroit............... ....... 4

Saginaw................... Detroit............... ....... 5

Selfridge AFB............. Romulus............... ....... 4

South Haven............... Detroit............... ....... 6

* * * *

* * *

Washington:

* * * *

* * *

Undesignated Ports........ Portland, OR, Tacoma, 3

Seattle.

* * * *

* * *

[Add]

* * * *

* * *

Canada: Vancouver, BC Blaine................ ....... 4

(Including Richmond).

* * * *

* * *

Louisiana:

* * * *

* * *

England Air Park.......... Baton Rouge........... ....... 5

England Air Park.......... Shreveport............ ....... 5

England Air Park.......... Monroe................ ....... 4

* * * *

* * *

Michigan:

Battle Creek.............. Grand Rapids.......... ....... 3

Bay City.................. Mt. Pleasant.......... ....... 3

Detroit (including Detroit Romulus/Detroit....... 3

Metropolitan Airport, and

Willow Run Airport).

* * * *

* * *

Saginaw................... Mt. Pleasant.......... ....... 3

Selfridge AFB............. Port Huron............ ....... 3

* * * *

* * *

Washington:

* * * *

* * *

Fairchild AFB............. Ellensburg............ ....... 6

Fairchild AFB............. Spokane............... 2

* * * *

* * *

Spokane International Ellensburg............ ....... 6

Airport.

Spokane International Spokane............... 2

Airport.

* * * *

* * *

Undesignated Ports........ Astoria or Portland, ....... 3

OR; Blaine,

Ellensburg, Seattle,

Spokane, Tacoma.

* * * *

* * *

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[[Page 53606]]

Done in Washington, DC, this 8th day of October 1996.

A. Strating,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-26349 Filed 10-11-96; 8:45 am]

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