[Federal Register Volume 65, Number 91 (Wednesday, May 10, 2000)]
[Rules and Regulations]
[Page 29941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11641]



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  Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules 
and Regulations  

[[Page 29941]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 47

[Docket No. FV00-363]


Amendments to Rules of Practice Under the Perishable Agricultural 
Commodities Act (PACA); Correction

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: The Department of Agriculture (USDA) published in the Federal 
Register on July 15, 1999, a final rule that amended the Rules of 
Practice under the Perishable Agriculture Commodities Act. This 
document corrects the amount of time allowed for filing a petition to 
reopen after default.

EFFECTIVE DATE: August 16, 1999.

FOR FURTHER INFORMATION CONTACT: Charles W. Parrott, Acting Chief, PACA 
Branch, Room 2095-So. Bldg., Fruit and Vegetable Division, AMS, USDA, 
Washington, D.C. 20250, Phone (202) 720-4180, Email--
[email protected].

SUPPLEMENTARY INFORMATION:  

Background

    The Department of Agriculture (Department) published a final rule 
in the Federal Register on July 15, 1999 (64 FR 38103), that amended 
several sections of the Rules of Practice to comply with the PACA 
Amendments of 1995, and made numerous other changes to enhance customer 
service.

Need for Correction

    As published, the final regulations contain an error that may prove 
to be misleading and need to be clarified. The 30-day time period for 
filing a petition to reopen after default is in conflict with the 
statute and is being corrected to show a 20-day time period in order to 
remain consistent with the 20-day time period for filing a petition for 
reconsideration of an order.

List of Subjects in 7 CFR Part 47

    Administrative practice and procedure, Agricultural commodities, 
Brokers
    Accordingly, 7 CFR part 47 is corrected by making the following 
correcting amendment:

PART 47--[CORRECTED]

    1. The authority citation for part 47 continues to read as follows:

    Authority:  7 U.S.C. 499o; 7 C.F.R. 2.22(a)(1)(viii)(L), 
2.79(a)(8)(xiii).

    2. Revise paragraph (d) of Sec. 47.24 to read as follows:


Sec. 47.24  Rehearing, reargument, reconsideration of orders, reopening 
of hearings, reopening after default.

* * * * *
    (d) Reopening after default. The party in default in the filing of 
an answer or reply required or authorized under this part may petition 
to reopen the proceeding at any time prior to the expiration of 20 days 
from the date of service of the default order. If, in the judgment of 
the examiner, after notice to and consideration of the views of the 
other party(ies), there is good reason for granting such relief, the 
party in default will be allowed 20 days from the date of the order 
reopening the proceeding to file an answer.

    Dated: May 4, 2000.
Robert C. Keeney,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 00-11641 Filed 5-9-00; 8:45 am]
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