Commuted Traveltime, 49309-49311 [E9-23327]
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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations
immediately upon publication in the
Federal Register.
G. Executive Order 13175 (Tribal
Consultation)
B. Executive Order 12866 (Regulatory
Planning and Review)
This rule does not have tribal
implications under Executive Order
13175, ‘‘Consultation and Coordination
with Indian Tribal Governments,’’
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
This final rule is not a ‘‘significant
regulatory action’’ under section 3(f)(1)
of Executive Order 12866, ‘‘Regulatory
Planning and Review,’’ therefore the
Office of Management and Budget has
not reviewed this rule. DHS anticipates
that the changed filing deadline in this
final rule will not increase REAL IDrelated compliance costs to the affected
entities and, in most cases, will provide
advantages by changing the filing
deadline.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended by
the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub.
L. 104–121), requires Federal agencies
to consider the potential impact of
regulations on small businesses, small
governmental jurisdictions, and small
organizations during the development of
their rules. This final rule, however,
makes changes for which notice and
comment are not necessary.
Accordingly, DHS is not required to
prepare a regulatory flexibility analysis.
5 U.S.C. 603, 604.
D. Paperwork Reduction Act
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
E. Executive Order 13132 (Federalism)
H. Executive Order 13211 (Energy
Impact Analysis)
We have analyzed this rule under
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.’’ We have
determined that it is not a ‘‘significant
energy action’’ under that Order and is
not likely to have a significant adverse
effect on the supply, distribution, or use
of energy. Therefore, it does not require
a Statement of Energy Effects under
Executive Order 13211.
List of Subjects in 6 CFR Part 37
Document security, driver’s licenses,
identification cards, incorporation by
reference, motor vehicle
administrations, physical security.
The Amendments
For the reasons set forth above, the
Department of Homeland Security
amends 6 CFR part 37 as follows:
■
TITLE 6—DOMESTIC SECURITY
CHAPTER I—DEPARTMENT OF
HOMELAND SECURITY, OFFICE OF THE
SECRETARY
F. Unfunded Mandates Reform Act
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A rule has implications for federalism
under Executive Order 13132,
‘‘Federalism,’’ if it has a substantial
direct effect on State or local
governments and would either preempt
State law or impose a substantial direct
cost of compliance on them. We have
analyzed this rule under that Order and
have determined that it does not have
implications for federalism.
Authority: 49 U.S.C. 30301 note; 6 U.S.C.
111, 112.
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538), requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Unfunded Mandates
Reform Act addresses actions that may
result in the expenditure by a State,
local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. This final rule
will not result in such an expenditure.
VerDate Nov<24>2008
14:30 Sep 25, 2009
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PART 37—REAL ID DRIVER’S
LICENSES AND IDENTIFICATION
CARDS
1. The authority citation for part 105
continues to read as follows:
■
§ 37.63
[Amended]
2. Amend § 37.63(b) by removing the
date ‘‘October 11, 2009’’ and adding in
its place the date ‘‘December 1, 2009’’.
■
Janet Napolitano,
Secretary.
[FR Doc. E9–23381 Filed 9–25–09; 8:45 am]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 354
[Docket No. APHIS–2009–0055]
Commuted Traveltime
AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
SUMMARY: We are amending the
regulations concerning overtime
services provided by employees of the
Agency’s Plant Protection and
Quarantine (PPQ) program by adding or
amending commuted traveltime
allowances for travel between certain
locations in the District of Columbia,
Florida, Illinois, and Minnesota.
Commuted traveltime allowances are
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. The Government
charges a fee for certain overtime
services provided by PPQ 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.
DATES: Effective Date: September 28,
2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Terri Burrell, Director, Resource
Management Staff, PPQ, APHIS, 4700
River Road Unit 120, Riverdale, MD
20737–1238; (301) 734–5575.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR, chapter III,
require inspection, certification, or
quarantine of certain 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 the Animal and Plant
Health Inspection Service (APHIS) on a
Sunday or holiday, or at any other time
outside the employee’s regular duty
hours, the Government charges a fee for
the services in accordance with 7 CFR
part 354 for services provided by an
employee of APHIS’ Plant Protection
and Quarantine (PPQ) program. Under
circumstances described in 7 CFR
354.1(a)(2), this fee may include the cost
of commuted traveltime. The
regulations in 7 CFR 354.2 contain
administrative instructions prescribing
commuted traveltime allowances, which
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49310
Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations
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 7 CFR 354.2 by
adding or adjusting commuted
traveltime allowances for travel between
certain locations in the District of
Columbia, Florida, Illinois, and
Minnesota. The new allowances are set
forth in the regulatory text at the end 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
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
List of Subjects in 7 CFR Part 354
publication of this document in the
Federal Register.
Executive Order 12866 and Regulatory
Flexibility Act
This 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 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 final rule contains no new
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Animal diseases, Exports,
Government employees, Imports, Plant
diseases and pests, Quarantine,
Reporting and recordkeeping
requirements, Travel and transportation
expenses.
Accordingly, we are amending 7 CFR
part 354 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. 7701–7772, 7781–
7786, and 8301–8317; 21 U.S.C. 136 and
136a; 49 U.S.C. 80503; 7 CFR 2.22, 2.80, and
371.3.
2. In § 354.2, the table is amended as
follows:
■ a. Under the District of Columbia,
Florida, and Illinois, by adding, in
alphabetical order, new entries to read
as set forth below.
■ b. Under Minnesota, in the first entry
for Duluth, by removing under
Metropolitan area, the number ‘‘1’’ and
adding the number ‘‘2’’ in its place.
■ c. Under Minnesota, by removing the
entry for Silver Bay.
■
§ 354.2 Administrative instructions
prescribing commuted traveltime.
*
*
*
*
*
COMMUTED TRAVELTIME ALLOWANCES
[In hours]
Metropolitan area
Location covered
Served from—
Within
*
District of Columbia:
*
*
*
*
Outside
*
*
*
*
*
Washington, DC Metropolitan area (including Arlington and
Alexandria, VA; Andrews AFB, MD; and Washington
Navy Yard).
Florida:
*
*
*
Baltimore, MD ......................................................................
2
*
*
*
Panama City ..........................................................................
*
*
*
Mobile, AL ............................................................................
7
*
*
*
*
*
*
*
*
*
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Illinois:
*
*
*
Undesignated ports ...............................................................
*
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*
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*
*
*
...............................................................................................
*
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Federal Register / Vol. 74, No. 186 / Monday, September 28, 2009 / Rules and Regulations
Done in Washington, DC, this 22nd day of
September 2009.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E9–23327 Filed 9–25–09; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 354
[Docket No. APHIS–2009–0048]
RIN 0579–AC99
User Fees for Agricultural Quarantine
and Inspection Services
CPrice-Sewell on DSKGBLS3C1PROD with RULES
AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
SUMMARY: We are amending the user fee
regulations by adjusting the fees charged
for certain agricultural quarantine and
inspection (AQI) services that are
provided in connection with certain
commercial vessels, commercial trucks,
commercial railroad cars, commercial
aircraft, and international airline
passengers arriving at ports in the
customs territory of the United States.
The recent downturn in the U.S.
economy has negatively impacted travel
volumes, and, as a result, our user fee
collections, which fund these services,
have diminished. Although the volume
of international travel and trade has
decreased, inspection and related
support services continue to be
provided at their existing levels, so
expenses have not decreased. As a
result, our user fee collections have not
been sufficient to enable us to provide
those services and maintain a
reasonable reserve balance. We are
therefore increasing our AQI user fees in
order to provide adequate funds for
these purposes.
DATES: This interim rule is effective
October 1, 2009. We will consider all
comments that we receive on or before
November 27, 2009.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/fdmspublic/
component/
main?main=DocketDetail&d=APHIS2009-0048 to submit or view comments
and to view supporting and related
materials available electronically.
• Postal Mail/Commercial Delivery:
Please send two copies of your comment
VerDate Nov<24>2008
14:30 Sep 25, 2009
Jkt 217001
to Docket No. APHIS–2009–0048,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
River Road Unit 118, Riverdale, MD
20737–1238. Please state that your
comment refers to Docket No. APHIS–
2009–0048.
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room is located in Room 1141 of the
USDA South Building, 14th Street and
Independence Avenue, SW.,
Washington, DC. Normal reading room
hours are 8 a.m. to 4:30 p.m., Monday
through Friday, except holidays. To be
sure someone is there to help you,
please call (202) 690–2817 before
coming.
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: For
information concerning program
operations, contact Mr. William E.
Thomas, Director, Quarantine Policy,
Analysis, and Support, PPQ, APHIS,
4700 River Road Unit 131, Riverdale,
MD 20737; (301) 734–5214. For
information concerning rate
development, contact Mrs. Kris Caraher,
User Fee Section, Financial Services
Branch, Financial Management
Division, MRPBS, APHIS, 4700 River
Road Unit 55, Riverdale, MD 20737–
1232; (301) 734–0882.
SUPPLEMENTARY INFORMATION:
Background
Section 2509(a) of the Food,
Agriculture, Conservation, and Trade
Act of 1990 (21 U.S.C. 136a), referred to
below as the FACT Act, authorizes the
Animal and Plant Health Inspection
Service (APHIS) to collect user fees for
agricultural quarantine and inspection
(AQI) services. The FACT Act was
amended on April 4, 1996, and May 13,
2002.
The FACT Act, as amended,
authorizes APHIS to collect user fees for
AQI services provided in connection
with the arrival, at a port in the customs
territory of the United States, of:
• Commercial vessels,
• Commercial trucks,
• Commercial railroad cars,
• Commercial aircraft, and
• International airline passengers.
According to the FACT Act, as
amended, these user fees should recover
the costs of:
• Providing the AQI services for the
conveyances and the passengers listed
above,
• Providing preclearance or
preinspection at a site outside the
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49311
customs territory of the United States to
international airline passengers,
commercial vessels, commercial trucks,
commercial railroad cars, and
commercial aircraft, and
• Administering the user fee program.
Introduction
In an interim rule published in the
Federal Register on December 9, 2004
(69 FR 71660–71683, Docket No. 04–
042–1), and effective on January 1, 2005,
we amended the user fee regulations in
7 CFR part 354 by adjusting the fees
charged for certain agricultural
quarantine and inspection (AQI)
services that are provided by the Animal
and Plant Health Inspection Service
(APHIS) and the Customs and Border
Protection (CBP) Bureau of the
Department of Homeland Security in
connection with certain commercial
vessels, commercial trucks, commercial
railroad cars, commercial aircraft, and
international airline passengers arriving
at ports in the customs territory of the
United States. Prior to the interim rule,
user fees had not been adjusted since
October 1, 2001. Due to the attacks of
September 11, 2001, and the resulting
increased security concerns, the Federal
Government began to inspect a greater
volume and variety of cargo entering the
United States than it had before. In
addition, the attacks of September 11
resulted in a reduction in airline travel,
which lowered fee revenues. We
determined that the fee adjustments
contained in the December 2004 interim
rule were needed to recover the costs of
this increased inspection activity and to
account for routine inflationary
increases in the cost of doing business.
The adjusted AQI user fees contained in
that interim rule covered fiscal years
(FYs) 2005 through 2010. A final rule
affirming the interim rule without
change was published in the Federal
Register on August 24, 2006 (71 FR
49984–49986, Docket No. 04–042–2).
However, the effects of the recent and
unanticipated downturn in the U.S.
economy have been felt by all
Americans, both personally and in their
business concerns. These recent events
have negatively impacted travel
volumes and funds in the AQI user fee
account. Due to the decrease in travel,
we are collecting less in user fees while
still maintaining the necessary
enhanced level of inspection and related
support services that we have since
September 11, 2001. Although the
volume of international travel and trade
has decreased, inspection and related
support services continue to be
provided at their existing levels,
expenses have not decreased. Moreover,
while we have limited new hiring to
E:\FR\FM\28SER1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 186 (Monday, September 28, 2009)]
[Rules and Regulations]
[Pages 49309-49311]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23327]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 354
[Docket No. APHIS-2009-0055]
Commuted Traveltime
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the regulations concerning overtime services
provided by employees of the Agency's Plant Protection and Quarantine
(PPQ) program by adding or amending commuted traveltime allowances for
travel between certain locations in the District of Columbia, Florida,
Illinois, and Minnesota. Commuted traveltime allowances are 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. The Government charges a fee for certain overtime
services provided by PPQ 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.
DATES: Effective Date: September 28, 2009.
FOR FURTHER INFORMATION CONTACT: Ms. Terri Burrell, Director, Resource
Management Staff, PPQ, APHIS, 4700 River Road Unit 120, Riverdale, MD
20737-1238; (301) 734-5575.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR, chapter III, require inspection,
certification, or quarantine of certain 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 the Animal
and Plant Health Inspection Service (APHIS) on a Sunday or holiday, or
at any other time outside the employee's regular duty hours, the
Government charges a fee for the services in accordance with 7 CFR part
354 for services provided by an employee of APHIS' Plant Protection and
Quarantine (PPQ) program. Under circumstances described in 7 CFR
354.1(a)(2), this fee may include the cost of commuted traveltime. The
regulations in 7 CFR 354.2 contain administrative instructions
prescribing commuted traveltime allowances, which
[[Page 49310]]
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 7 CFR 354.2 by adding or adjusting commuted
traveltime allowances for travel between certain locations in the
District of Columbia, Florida, Illinois, and Minnesota. The new
allowances are set forth in the regulatory text at the end 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 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 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 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 final 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
Animal diseases, 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. 7701-7772, 7781-7786, and 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. In Sec. 354.2, the table is amended as follows:
0
a. Under the District of Columbia, Florida, and Illinois, by adding, in
alphabetical order, new entries to read as set forth below.
0
b. Under Minnesota, in the first entry for Duluth, by removing under
Metropolitan area, the number ``1'' and adding the number ``2'' in its
place.
0
c. Under Minnesota, by removing the entry for Silver Bay.
Sec. 354.2 Administrative instructions prescribing commuted
traveltime.
* * * * *
Commuted Traveltime Allowances
[In hours]
------------------------------------------------------------------------
Metropolitan area
Location covered Served from-- ---------------------
Within Outside
------------------------------------------------------------------------
* * * * * * *
District of Columbia:
* * * * * * *
Washington, DC Metropolitan Baltimore, MD.... 2
area (including Arlington and
Alexandria, VA; Andrews AFB,
MD; and Washington Navy Yard).
Florida:
* * * * * * *
Panama City.................... Mobile, AL....... 7
* * * * * * *
Illinois:
* * * * * * *
Undesignated ports............. ................. 3
* * * * * * *
------------------------------------------------------------------------
[[Page 49311]]
Done in Washington, DC, this 22nd day of September 2009.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-23327 Filed 9-25-09; 8:45 am]
BILLING CODE 3410-34-P
