Commuted Traveltime Periods: Overtime Services Relating to

From: GPO_OnLine_USDA
Date: 2000/11/02


[Federal Register: November 2, 2000 (Volume 65, Number 213)]
[Rules and Regulations]
[Page 65729-65730]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02no00-6]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

9 CFR Part 97

[Docket No. 00-049-1]

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 Veterinary Services by adding a commuted
traveltime allowance for travel between Dallas-Fort Worth International
Airport and the metropolitan area. 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 the commuted traveltime for this location.

EFFECTIVE DATE: November 2, 2000.

FOR FURTHER INFORMATION CONTACT: Ms. Louise Rakestraw Lothery,
Director, Management Support Staff, VS, APHIS, 4700 River Road Unit 44,
Riverdale, MD 20737-1231; (301) 734-7517.

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 products, 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

[[Page 65730]]

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 travel between Dallas-Fort Worth International
Airport and the metropolitan area. 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
location.

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 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 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 9 CFR Part 97

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

    Accordingly, we are amending 9 CFR part 97 as follows:

PART 97--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS

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

    Authority: 7 U.S.C. 2260; 49 U.S.C. 1741; 7 CFR 2.22, 2.80, and
371.4.

    2. Section 97.2 is amended by revising in the table under Texas,
the entry for ``Dallas-Fort Worth International Airport'' to read as
follows:

Sec. 97.2 Administrative instructions prescribing commuted traveltime.

* * * * *

                     Commuted Traveltime Allowances
                               [In hours]
------------------------------------------------------------------------
                                                      Metropolitan area
        Location covered Served from ---------------------
                                                      Within Outside
------------------------------------------------------------------------

                  * * * * *
Texas:

                  * * * * *
Dallas-Fort Worth International Ft. Worth or 1 2
 Airport. Dallas.

                  * * * * *
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    Done in Washington, DC, this 27th day of October 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-28097 Filed 11-1-00; 8:45 am]
BILLING CODE 3410-34-P



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