[Federal Register Volume 60, Number 246 (Friday, December 22, 1995)]
[Rules and Regulations]
[Pages 66479-66482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30674]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 246 / Friday, December 22, 1995 / 
Rules and Regulations  

[[Page 66479]]


DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Parts 1 and 1b


Departmental Proceedings, Judicial Proceedings, and NEPA Policy

AGENCY: Office of the Secretary of Agriculture, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the Administrative Regulations--Departmental 
Proceedings, the Administrative Regulations--Judicial Proceedings, and 
the National Environmental Policy Act regulations as part of the United 
States Department of Agriculture's (USDA) regulatory reinvention 
initiative to improve its regulations. This final rule updates and 
corrects references to statutes, regulations, USDA agencies, and USDA 
officials; removes gender specific references; removes unnecessary 
regulations; and makes minor nonsubstantive changes for clarity.

EFFECTIVE DATE: This final rule is effective January 22, 1996.

FOR FURTHER INFORMATION CONTACT:
William Jenson, Senior Counsel, Regulatory Division, Office of the 
General Counsel, USDA, room 2422, South Building, 14th Street and 
Independence Avenue SW., Washington, DC 20250, (202) 720-2453.

SUPPLEMENTARY INFORMATION: 

Background

    The President directed the heads of all departments and agencies to 
review all regulations and eliminate or revise those that are outdated 
or otherwise in need of reform. The Department completed its review and 
submitted a report on the review to the Office of Management and Budget 
on June 1, 1995. The review included USDA's Administrative 
Regulations--Departmental Proceedings (7 CFR, part 1, subpart B); 
Administrative Regulations--Judicial Proceedings (7 CFR, part 1, 
subpart C); and National Environmental Policy Act regulations (7 CFR, 
part 1b). The Department found that these regulations contain outdated 
and incorrect references to statutes, regulations, USDA agencies, and 
USDA officials; unnecessary provisions; gender specific references; and 
provisions that could be clarified by making minor nonsubstantive 
changes. This final rule updates and corrects references to statutes, 
regulations, USDA agencies, and USDA officials; removes gender specific 
references; removes unnecessary regulations; and makes minor 
nonsubstantive changes for clarity.

7 CFR, Part 1, Subpart B

    This final rule amends 7 CFR, part 1, subpart B, by adding a 
citation to the statutory authority for the subpart. This final rule 
also amends Secs. 1.26, 1.27, 1.28, and 1.29 in 7 CFR, part 1, subpart 
B.
    Section 1.26(c) provides that ``[c]hapter 11 of title 18, United 
States Code prohibits employees and former employees from representing 
others under certain circumstances. See Sec. 0.735-41 of this subtitle 
for illustrations.'' Section 1.26(c) is unnecessary and has no effect 
and is therefore removed. In addition, this final rule makes minor 
nonsubstantive amendments to 7 CFR 1.26 (a), (b)(2), and (b)(3) for 
clarity and to remove gender specific references.
    Section 1.27 sets forth the Department policy with respect to the 
availability of written submissions in response to certain notices 
published by the Department. Sections 1.27 (a) through (d) appear by 
their terms to apply only to written submissions in response to notices 
of proposed rulemaking published by the Department. However, 
Sec. 1.27(e) provides that, despite the limiting language in Sec. 1.27 
(a) through (d), the policy annunciated in Sec. 1.27 applies to written 
submissions in response to any published notice which solicits, or 
affords interested members of the public an opportunity to submit, 
written views with respect to any proposed action relating to any 
program administered by the Department regardless of the fact that the 
issuance of a rule may not be contemplated.
    Further, this final rule amends the provisions regarding the 
confidentiality of written submissions. Sections 1.27 (c) and (d) 
provide for confidentiality if making the submission public would have 
an adverse effect on the submitter by reason of: (1) Disclosing trade 
secrets, processes, operations, style of work or apparatus; (2) 
disclosing the identity, confidential statistical data, amount or 
source of any income, profits, losses, or expenditures; or (3) exposing 
the submitter to substantial disadvantage in business or employment. 
This confidentiality provision was written before the enactment of the 
Freedom of Information Act. The confidentiality provision in Sec. 1.27 
(c) and (d) includes agency records that the Department may not be able 
to withhold under the Freedom of Information Act. Therefore, Sec. 1.27 
is amended to provide that confidentiality may be given to written 
submissions only if they may be withheld under the Freedom of 
Information Act.
    Further still, this final rule amends Sec. 1.27 by setting forth 
the scope of the Department policy at the beginning of Sec. 1.27, 
eliminating the inaccurate limiting language currently found in 
Sec. 1.27 (a) through (d), and making other minor nonsubstantive 
changes for clarity.
    Section 1.28 contains an inaccurate reference to a provision of the 
Administrative Procedure Act. This final rule amends Sec. 1.28 to 
correct that inaccurate reference.
    Section 1.29(a) provides that the ``Administrator, Agricultural 
Marketing Service may delegate the authority to issue subpoenas in 
connection with investigations being conducted under the Packers and 
Stockyards Act, as amended and supplemented (7 U.S.C. 181-229), to the 
Deputy Administrator, Packers and Stockyards, Agricultural Marketing 
Service.'' Since Sec. 1.29(a) was issued, the Department has been 
reorganized and the references to Department officials in Sec. 1.29(a) 
are no longer accurate. This final rule amends this provision within 
Sec. 1.29(a) to correct the references to Department officials.
    In addition, this final rule amends other provisions in 
Sec. 1.29(a), and Secs. 1.29(b)(1)(iii), (b)(2), and (b)(3) for clarity 
and to remove gender-specific references and surplusage.

[[Page 66480]]


7 CFR, Part 1, Subpart C

    This final rule amends 7 CFR, part 1, subpart C, by adding a 
citation to the statutory authority for the subpart. This final rule 
also amends Sec. 1.41 in 7 CFR, part 1, subpart C, to remove a gender-
specific reference and to remove a provision that requires service of 
process to be made upon the General Counsel to enforce child support or 
alimony payments owed by employees of the Department. This provision is 
removed because the regulations related to service of legal process for 
the enforcement of child support and alimony owed by Department 
employees are set forth in 5 CFR, part 581.

7 CFR, Part 1b

    This final rule amends the authority citation for 7 CFR, part 1b, 
to remove inaccurate references to the Federal Register.
    Section 1b.1 contains inaccurate references to regulations and an 
inaccurate reference to the Council on Environmental Quality. This 
final rule corrects those inaccuracies.
    Section 1b.2(a) describes the purposes of some of the Department's 
programs and the methods by which some of these programs are conducted. 
Section 1b.2(a) is unnecessary and has no effect and is therefore 
removed. In addition, this final rule makes minor nonsubstantive 
amendments to 7 CFR 1b.2 paragraphs (c), (d), and (e) for clarity; to 
remove inaccurate references to regulations, the Under Secretary, 
Natural Resources and Environment, and the Agricultural Council on 
Environmental Quality; and to remove surplusage.
    Section 1b.3(c) is amended to correct a cross reference.
    Section 1b.4 lists agencies that are excluded from the requirement 
to prepare procedures to implement the National Environmental Policy 
Act and categorically excluded from the preparation of environmental 
assessments and environmental impact statements unless the agency head 
determines that an action may have a significant environmental effect. 
Since Sec. 1b.4 was published, the Department has been reorganized and 
some of the listed agencies no longer exist. This final rule corrects 
the list of Department agencies in Sec. 1b.4 and makes minor 
nonsubstantive changes for clarity.

Notice and Comment

    This rule makes only minor nonsubstantive amendments to the 
regulations in order to update and correct incorrect references, remove 
gender-specific references, remove unnecessary provisions, and clarify 
existing regulations. The rule will not have any effect on the public 
and no public participation is expected. Therefore, notice and public 
procedure with respect to this rule are unnecessary, and there is good 
cause under 5 U.S.C. 553 to make this rule effective without 
opportunity for public participation.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    This final rule updates and corrects references to statutes, 
regulations, USDA agencies, and USDA officials; removes gender-specific 
references; removes unnecessary provisions; and makes minor 
nonsubstantive changes for clarity. This final rule will not have any 
economic impact.
    Under these circumstances, the Secretary has determined that this 
action will not have a significant economic impact on a substantial 
number of small entities.

Executive Order 12778

    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule: (1) Preempts all state and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This final rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects

7 CFR Part 1

    Administrative practice and procedure, Agriculture, Antitrust, 
Blind, Claims, Concessions, Cooperatives, Equal access to justice, 
Federal buildings and facilities, Freedom of information, Lawyers, 
Privacy.

7 CFR Part 1b

    Environmental policy statements.

    Accordingly, 7 CFR parts 1 and 1b are amended as follows:

PART 1--ADMINISTRATIVE REGULATIONS

    1. The authority citation for part 1 continues to read as follows:

    Authority: 5 U.S.C. 301, unless otherwise noted.


Sec. 1.26  [Amended]

    2-3. Section 1.26 is amended as follows:
    a. In paragraph (a), by removing the words ``The provisions of this 
section apply'' and by adding the words ``This section applies'' in 
their place; and by removing the words ``such provisions, or any part 
thereof'' and by adding the words ``this section, or any part of this 
section'' in their place.
    b. In paragraph (b)(2), by removing the word ``he'' and adding the 
words ``the Secretary'' in its place each time it appears; and by 
removing the word ``him'' and adding the words ``the person'' in its 
place.
    c. In paragraph (b)(3), by removing the words ``his employment he'' 
and adding the words ``employment with the Department the employee or 
former employee'' in their place; and by removing the word ``him'' and 
adding the words ``the employee or former employee'' in its place.
    d. By removing paragraph (c).


Sec. 1.27   [Amended]

    4. Section 1.27 is revised to read as follows:


Sec. 1.27   Rulemaking and other notice procedures.

    (a) This section shall apply to:
    (1) Notices of proposed rulemaking;
    (2) Interim final rules;
    (3) Advance notices of proposed rulemaking; and
    (4) Any other published notice that solicits, or affords interested 
members of the public an opportunity to submit, written views with 
respect to any proposed action relating to any program administered in 
the Department regardless of the fact that the issuance of a rule may 
not be contemplated.
    (b) Each notice identified in paragraph (a) of this section shall 
indicate the procedure to be followed with respect to the notice, 
unless the procedure is prescribed by statute or by published rule of 
the Department. Each notice shall contain a statement that advises the 
public of the policy regarding the availability of written submissions 
by indicating whether paragraph (c), (d), or (e) of this section is 
applicable to written submissions made pursuant to the notice.
    (c) All written submissions made pursuant to the notice shall be 
made 

[[Page 66481]]
available for public inspection at times and places and in a manner 
convenient to the public business.
    (d)(1) Any written submission, pursuant to a notice, may be held 
confidential if the person making the submission requests that the 
submission be held confidential, the person making the submission has 
shown that the written submission may be withheld under the Freedom of 
Information Act, and the Department official authorized to issue the 
notice determines that the submission may be withheld under the Freedom 
of Information Act.
    (2) If a request is made in accordance with paragraph (d)(1) of 
this section for confidential treatment of a written submission, the 
person making the request shall be informed promptly in the event the 
request is denied and afforded an opportunity to withdraw the 
submission.
    (3) If a determination is made to grant a request for confidential 
treatment under paragraph (d)(1) of this section, a statement of the 
specific basis for the determination that will not be susceptible of 
identifying the person making the request will be made available for 
public inspection.
    (e) If the subject of the notice is such that meaningful 
submissions cannot be expected unless they disclose information that 
may be withheld under the Freedom of Information Act, the notice shall 
so indicate and contain a statement that written submissions pursuant 
to the notice will be treated as confidential and withheld under the 
Freedom of Information Act. Provided, That the policy regarding 
availability of written submissions set forth in this paragraph may 
only be used with the prior approval of the Secretary, or the Under 
Secretary or Assistant Secretary that administers the program that is 
the subject of the notice.


Sec. 1.28   [Amended]

    5. Section 1.28 is amended by removing the phrase ``the provisions 
of section 4(d) of the Administrative Procedure Act (60 Stat. 239; 5 
U.S.C. 1003(d))'' and adding the reference ``5 U.S.C. 553(e)'' in its 
place.


Sec. 1.29   [Amended]

    6. Section 1.29 is amended as follows:
    a. By revising paragraph (a) to read as set forth below.
    b. In paragraph (b)(1)(iii), by adding the word ``, her,'' 
immediately after the word ``his''.
    c. In paragraph (b)(2), by adding the words ``or she'' immediately 
after the word ``he''; and by removing the word ``therein'' and adding 
the words ``in the subpoena'' in its place.
    d. In paragraph (b)(3), by removing the reference ``(5 U.S.C. 
301).''.


Sec. 1.29   Subpoenas relating to investigations under statutes 
administered by the Secretary of Agriculture.

    (a) Issuance of subpoena. (1) When the Secretary is authorized by 
statute to issue a subpoena in connection with an investigation being 
conducted by the Department, the attendance of a witness and the 
production of evidence relating to the investigation may be required by 
subpoena at any designated place, including the witness' place of 
business. Upon request of any representative of the Secretary involved 
in connection with the investigation, the subpoena may be issued by the 
Secretary, the Inspector General, or any Department official authorized 
pursuant to part 2 of this title to administer the program to which the 
subpoena relates, if the official who is to issue the subpoena is 
satisfied as to the reasonableness of the grounds, necessity, and scope 
of the subpoena. Except as provided in paragraph (a)(2) of this 
section, the authority to issue subpoenas may not be delegated or 
redelegated by the head of an agency.
    (2) The Administrator, Grain Inspection, Packers and Stockyards 
Administration, may delegate the authority to issue subpoenas in 
connection with investigations being conducted under the Packers and 
Stockyards Act (7 U.S.C. 181-229), to the Deputy Administrator, Packers 
and Stockyards Programs.
* * * * *


Sec. 1.41   [Amended]

    7-8. Section 1.41 is amended as follows:
    a. In the third sentence, by removing the word ``he'' and adding 
the words ``the officer'' in its place.
    b. By removing the last sentence.

PART 1b--NATIONAL ENVIRONMENTAL POLICY ACT

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

    Authority: 5 U.S.C. 301; 42 U.S.C. 4321 et seq.; E.O. 11514, 3 
CFR, 1966-1970 Comp., p. 902, as amended by E.O. 11991, 3 CFR, 1978 
Comp., p. 123; E.O. 12114, 3 CFR, 1980 Comp., p. 356; 40 CFR 1507.3.


Sec. 1b.1  [Amended]

    10. Section 1b.1 is amended as follows:
    a. In paragraph (a), by removing the words ``This subpart'' and 
adding the words ``This part'' in their place; by removing the words 
``Council of'' and adding the words ``Council on'' in their place; and 
by removing the words ``The subpart'' and adding the words ``This 
part'' in their place.
    b. In paragraph (b), by removing the word ``subpart'' and adding 
the word ``part'' in its place.


Sec. 1b.2  [Amended]

    11. Section 1b.2 is amended as follows:
    a. By removing paragraph (a).
    b. In paragraph (c), by removing the words ``the provisions of this 
subpart'' and adding the words ``this part'' in their place; and by 
removing the words ``the provisions of NEPA'' and adding the word 
``NEPA'' in their place.
    c. In paragraph (d), the first sentence, by removing the word 
``Assistant'' and adding the word ``Under'' in its place; and by 
removing the reference ``(7 CFR 2.19(b))''.
    d. In paragraph (d), the second sentence, by removing the words 
``Assistant Secretary, through the USDA Natural Resources and 
Environment Committee'' and adding the words ``Under Secretary, NR&E, 
through the Agricultural Council on Environmental Quality'' in their 
place.
    e. In paragraph (e), the first sentence, by removing the word 
``subpart'' and adding the word ``part'' in its place.
    f. In paragraph (e), the third sentence, by removing the word 
``Assistant'' and adding the word ``Under'' in its place.
    g. By redesignating paragraphs (b), (c), (d), and (e) as paragraphs 
(a), (b), (c), and (d), respectively.


Sec. 1b.3  [Amended]

    12. In Sec. 1b.3, paragraph (c) is amended by removing the words 
``above and in'' and adding the words ``in paragraphs (a) of this 
section and'' in their place.

    13. Section 1b.4 is revised to read as follows:

Sec. 1b.4  Exclusion of agencies.

    (a) The USDA agencies and agency units listed in paragraph (b) of 
this section conduct programs and activities that have been found to 
have no individual or cumulative effect on the human environment. The 
USDA agencies and agency units listed in paragraph (b) of this section 
are excluded from the requirements of preparing procedures to implement 
NEPA. Actions of USDA agencies and agency units listed in paragraph (b) 
of this section are categorically excluded from the preparation of an 
EA or EIS unless the agency head determines that an action may have a 
significant environmental effect.

(b)(1) Agricultural Marketing Service

[[Page 66482]]

(2) Economic Research Service
(3) Extension Service
(4) Federal Corp Insurance Corporation
(5) Food and Consumer Service
(6) Food Safety and Inspection Service
(7) Foreign Agricultural Service
(8) Grain Inspection, Packers and Stockyards Administration
(9) National Agricultural Library
(10) National Agricultural Statistics Service
(11) Office of the General Counsel
(12) Office of the Inspector General

    Done in Washington, DC, this 8th day of December, 1995.
Dan Glickman,
Secretary of Agriculture.
FR Doc. 95-30674 Filed 12-21-95; 8:45 am]
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