[Federal Register: July 2, 2002 (Volume 67, Number 127)]
[Rules and Regulations]
[Page 44349-44351]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy02-1]
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[[Page 44349]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1200
[FV-02-709]
Rules of Practice and Procedure Governing Proceedings Under
Research, Promotion, and Education Programs
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Agricultural Marketing Service (AMS) of the United States
Department of Agriculture (USDA) is amending the Rules of Practice and
Procedure Governing Proceedings under Research, Promotion, and
Education Programs to make the headings for Part 1200 and its subparts
more reflective of the programs covered by them; to delete inapplicable
statutes from one subpart and to add three statutes to the other
subpart; to redesignate subpart headings; to arrange the definitions in
each subpart in alphabetical order; and to remove an incorrect
citation. This rule also makes several minor and non-substantive
changes for clarity and uniformity of style. These changes will make
the rules of practice more accurate and easier to follow.
EFFECTIVE DATE: July 3, 2002.
FOR FURTHER INFORMATION CONTACT: Martha Ransom, Chief, Research and
Promotion Branch, F&V, AMS, USDA, Stop 0244, 1400 Independence Avenue,
SW, Room 2535-S, Washington, DC 20250-0244, telephone (202) 720-9915,
fax (202) 205-2800, e-mail martha.ransom@usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Orders 12866 and 12988
This rule has been determined to be not significant for purposes of
Executive Order 12866 and, therefore, has not been reviewed by OMB.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
This rule will not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule. There are no administrative proceedings which must be exhausted
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 [44 U.S.C. 3501
et seq.].
Background
Prior to 1995, 7 CFR part 1200 contained generic rules of practice
and procedure governing promulgation proceedings under various
research, promotion, and information programs. Each individual program
contained its own separate subpart containing rules of practice
governing petition proceedings. On July 20, 1995 [60 FR 37326], the
duplicative, program-specific rules of practice for petition
proceedings were consolidated into a subpart of Part 1200, and the
subpart was entitled Rules of Practice Governing Proceedings on
Petitions to Modify or to be Exempted from Research, Promotion, and
Education Programs.
Subsequently, on March 11, 2002 [67 FR 10827], the rules of
practice on promulgation and petition proceedings were amended by a
final rule to make a number of changes to expedite proceedings and save
the United States and those who participate in the proceedings time and
money.
The rules of practice for promulgation proceedings apply to
programs issued under the Cotton Research and Promotion Act, as amended
[7 U.S.C. 1201-2118], the Egg Research and Consumer Information Act [7
U.S.C. 2701-2718], the Potato Research and Promotion Act, as amended [7
U.S.C. 2611-2627], and the Pork Promotion, Research, and Consumer
Information Act [7 U.S.C. 4801-4819]. However, several other statutes
were inadvertently listed in these rules of practice. Therefore, this
rule deletes the inapplicable statutes.
The list of applicable statutes in the rules of practice for
petition proceedings also needs to be revised to add three statutes
that were enacted after 1995. These statutes were inadvertently omitted
from the March 2002 final rule. The statutes are the Commodity
Promotion, Research, and Information Act of 1996 [7 U.S.C. 7411-7425],
the Hass Avocado Promotion, Research, and Information Act of 2000 [7
U.S.C. 7801-7813], and the Popcorn Promotion, Research, and Consumer
Information Act [7 U.S.C. 7481-7491]. Therefore, this rule adds these
statutes to the list of statutes to which the rules of practice for
petition proceedings apply.
In addition, part 1200 and the subpart covering the rules of
practice governing petition proceedings have used the term ``research,
promotion, and education programs'' whereas a more accurate description
of the nature and purpose of the programs is research, promotion, and
information. Therefore, this rule changes ``education'' to
``information'' in the titles of Part 1200 and the petition
proceedings.
It has been determined that the subparts in part 1200 should be
designated Subpart A and Subpart B and that the definitions in each
subpart should be arranged in alphabetical order. These changes will
make Part 1200 and the rules of practice easier to identify and follow.
Therefore, this rule also makes these changes.
Further, this rule removes an incorrect citation in Sec. 1200.51(h)
and makes a number of minor and non-substantive changes for clarity and
uniformity of style.
The provisions of the Administrative Procedure Act concerning
notice and opportunity for comment on agency rulemaking [5 U.S.C. 553]
do not apply to the promulgation of agency rules of practice.
Accordingly, this action is made effective one day after publication in
the Federal Register. Furthermore, no substantive rule change is
involved.
List of Subjects in 7 CFR Part 1200
Administrative practice and procedure, Advertising, Blueberries,
Consumer information, Cotton, Dairy, Eggs, Fluid Milk, Honey, Marketing
agreements, Mushrooms, Peanuts, Popcorn, Pork, Potatoes, Promotion,
Reporting and recordkeeping requirements, Soybeans, Watermelons.
[[Page 44350]]
PART 1200--RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS
UNDER RESEARCH, PROMOTION, AND EDUCATION PROGRAMS
1. The heading for part 1200 is revised to read as follows:
PART 1200--RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS
UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS
2. Subpart--Rules of Practice and Procedure Governing Proceedings
to Formulate and Amend an Order is redesignated as subpart A:
Subpart A--Rules of Practice and Procedure Governing Proceedings to
Formulate and Amend an Order.
3. The authority citation for redesignated Subpart A is added to
read as follows:
Authority: 7 U.S.C. 2103, 2614, 2704, and 4804.
4. Section 1200.2 is revised to read as follows:
Sec. 1200.2 Definitions.
(a) The term Act means the Cotton Research and Promotion Act, as
amended [7 U.S.C. 2101-2119]; the Egg Research and Consumer Information
Act, as amended [7 U.S.C. 2701-2718]; the Pork Promotion, Research, and
Consumer Information Act [7 U.S.C. 4801-4819]; and the Potato Research
and Promotion Act, as amended [7 U.S.C. 2611-2627].
(b) Administrator means the Administrator of the Agricultural
Marketing Service or any officer or employee of the Department to whom
authority has been delegated or may hereafter be delegated to act for
the Administrator.
(b) Board means the board or council established by the order to
administer the program.
(c) Department means the U.S. Department of Agriculture.
(d) Federal Register means the publication provided for by the
Federal Register Act, approved July 26, 1935 [44 U.S.C. 1501-1511], and
acts supplementing and amending it.
(e) Hearing means that part of the proceeding which involves the
submission of evidence.
(f) Judge means any administrative law judge appointed pursuant to
5 U.S.C. 3105 and assigned to conduct the hearing.
(g) Hearing means that part of the proceeding that involves the
submission of evidence.
(h) Hearing clerk means the Hearing Clerk, U.S. Department of
Agriculture, Washington, D.C.
(i) Order means any order or any amendment thereto which may be
issued pursuant to the Act. The term order shall include plans issued
under the Acts listed in paragraph (a) of this section.
(j) Proceeding means a proceeding before the Secretary arising
under the pertinent section of an Act.
(k) Secretary means the Secretary of Agriculture of the United
States, or any officer or employee of the Department to whom authority
has heretofore been delegated, or to whom authority may hereafter be
delegated, to act for the Secretary.
5. Subpart--Rules of Practice Governing Proceedings on Petitions to
Modify or to be Exempted from Research, Promotion, and Education
Programs is redesignated as Subpart B:
Subpart B--Rules of Practice Governing Proceedings on Petitions to
Modify or to be Exempted from Research, Promotion, and Information
Programs
6. The authority citation for redesignated subpart B is added to
read as follows:
Authority: 7 U.S.C. 2111, 2620, 2713, 4509, 4609, 4814, 4909,
6008, 6106, 6306, 6410, 6807, 7106, 7418, 7486, and 7806.
7. Section 1200.51 is revised to read as follows:
Sec. 1200.51 Definitions.
As used in this subpart, the terms as defined in the Act shall
apply with equal force and effect. In addition, unless the context
otherwise requires:
(a) The term Act means the Commodity Research, Promotion, and
Information Act of 1996 [7 U.S.C. 7401-7425]; the Cotton Research and
Promotion Act, as amended [7 U.S.C. 2101-2119]; the Dairy Production
Stabilization Act of 1983 [7 U.S.C. 4501-4513]; the Egg Research and
Consumer Information Act, as amended [7 U.S.C. 2701-2718]; the Fluid
Milk Promotion Act of 1990 [7 U.S.C. 6401-6417]; the Hass Avocado
Promotion, Research, and Information Act of 2000 [7 U.S.C. 7801-7813];
the Honey Research, Promotion, and Consumer Information Act, as amended
[7 U.S.C. 4601-4612]; the Mushroom Promotion, Research, and Consumer
Information Act of 1990 [7 U.S.C. 6101-6112]; the Pecan Promotion and
Research Act of 1990 [7 U.S.C. 6001-6013]; the Popcorn Promotion,
Research, and Consumer Information Act [7 U.S.C. 7481-7491]; the Pork
Promotion, Research, and Consumer Information Act [7 U.S.C. 4801-4819];
the Potato Research and Promotion Act, as amended [7 U.S.C. 2611-2627];
the Sheep Promotion, Research, and Information Act of 1994 [7 U.S.C.
7101-7111]; the Soybean Promotion, Research, and Consumer Information
Act [7 U.S.C. 6301-6311]; and the Watermelon Research and Promotion
Act, as amended, [7 U.S.C. 4901-4916].
(b) Administrator means the Administrator of the Agricultural
Marketing Service or any officer or employee of the Department to whom
authority has been delegated or may hereafter be delegated to act for
the Administrator.
(c) Decision means the judge's initial decision and includes the
judge's:
(1) Findings of fact and conclusions with respect to all material
issues of fact, law or discretion, as well as the reasons or basis
thereof;
(2) Order; and
(3) Rulings on findings, conclusions and orders submitted by the
parties.
(d) Department means the U.S. Department of Agriculture.
(e) Hearing means that part of the proceedings which involves the
submission of evidence.
(f) Hearing clerk means the Hearing Clerk, U.S. Department of
Agriculture, Washington, D.C.
(g) Judge means any administrative law judge, appointed pursuant to
5 U.S.C. 3105, and assigned to the proceeding involved.
(h) Order means any order or any amendment thereto which may be
issued pursuant to the Act. The term order shall include plans issued
under the Acts listed in paragraph (a) of this section.
(i) Party includes the Department.
(j) Person means any individual, group of individuals, partnership,
corporation, association, cooperative, or any other legal entity
subject to an order or to whom an order is sought to be made
applicable, or on whom an obligation has been imposed or is sought to
be imposed under an order.
(k) Petition includes an amended petition.
(l) Proceeding means a proceeding before the Secretary arising
under the pertinent section of an Act.
(m) Secretary means the Secretary of Agriculture of the United
States, or any officer or employee of the Department to whom authority
has heretofore been delegated, or to whom authority may hereafter be
delegated, to act for the Secretary.
[[Page 44351]]
Dated: June 25, 2002.
A.J. Yates,
Administrator.
[FR Doc. 02-16477 Filed 7-1-02; 8:45 am]
BILLING CODE 3410-02-P
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