[Federal Register: December 5, 2003 (Volume 68, Number 234)]
[Rules and Regulations]
[Page 67937-67938]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de03-1]
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Rules and Regulations
Federal Register
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[[Page 67937]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 354
[Docket No. 03-098-1]
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 adding
commuted traveltime allowances for travel between Hilo, HI, and five
new locations in Hawaii. 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: December 5, 2003.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Caporaletti, Program
Analyst, PPQ, APHIS, 4700 River Road Unit 120, Riverdale, MD 20737-
1238; (301) 734-5781.
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 products,
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 adding commuted
traveltime allowances for travel between Hilo, HI, and five new
locations in Hawaii. 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.
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
under Executive Order 12866.
The number of requests for overtime services of a PPQ employee at
the locations affected by this 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 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.
0
Accordingly, we are amending 7 CFR part 354 as follows:
PART 354--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND
USER FEES
0
1. The authority citation for part 354 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 21 U.S.C. 136 and 136a; 49 U.S.C.
80503; 7 CFR 2.22, 2.80, and 371.3.
0
2. Section 354.2 is amended by adding in the table, in alphabetical
order, under Hawaii, the following entries to read as follows:
[[Page 67938]]
Sec. 354.2 Administrative instructions prescribing commuted
traveltime.
* * * * *
Commuted Traveltime Allowances
[In hours]
----------------------------------------------------------------------------------------------------------------
Metropolitan area
Location covered Served from-- ---------------------------
Within Outside
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* * * * * * *
Hawaii:
* * * * * * *
Hakalau Hilo ............ 2
* * * * * * *
Kurtistown Hilo ............ 2
* * * * * * *
Mt. View Hilo ............ 2
* * * * * * *
Pepeekeo Hilo ............ 2
* * * * * * *
Umauma Hilo ............ 2
* * * * * * *
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Done in Washington, DC, this 2nd day of December 2003.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-30230 Filed 12-4-03; 8:45 am]
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