[Federal Register Volume 66, Number 136 (Monday, July 16, 2001)]
[Rules and Regulations]
[Pages 36907-36908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17652]



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 Rules and Regulations
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  Federal Register / Vol. 66, No. 136 / Monday, July 16, 2001 / Rules 
and Regulations  

[[Page 36907]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 1

[Docket No. 00-083-1]


Subpoenas Issued Under the Plant Protection Act and Title V of 
the Agricultural Risk Protection Act of 2000

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the administrative regulations of the Office 
of the Secretary of Agriculture to reflect the provisions of the Plant 
Protection Act and Title V of the Agricultural Risk Protection Act of 
2000 regarding subpoenas. Under the Plant Protection Act, the Secretary 
of Agriculture can subpoena witnesses and documents relating to the 
administration or enforcement of the Plant Protection Act or any matter 
being investigated in connection with the Plant Protection Act. Under 
Title V of the Agricultural Risk Protection Act of 2000, the Secretary 
of Agriculture can subpoena witnesses and documents relating to the 
enforcement of that title or the investigation of persons harming or 
interfering with animals used in official U.S. Department of 
Agriculture inspections. The final rule is necessary to establish 
regulations governing issuance of subpoenas under these authorities.

EFFECTIVE DATE: July 16, 2001.

FOR FURTHER INFORMATION CONTACT: Ms. Meredith Jones, Regulatory 
Coordination Specialist, Regulatory Coordination, APHIS Plant Health 
Programs, PPQ, APHIS, 4700 River Road Unit 141, Riverdale, MD 20737-
1236; (301) 734-7467.

SUPPLEMENTARY INFORMATION:

Background

    The Animal and Plant Health Inspection Service (APHIS), through its 
Plant Protection and Quarantine program (PPQ), regulates plants and 
plant products and other commodities to prevent the importation or 
spread of diseases and pests. When it appears that PPQ regulations have 
been violated, APHIS conducts an investigation. Until the Plant 
Protection Act (PPA, 7 U.S.C. 7701-7772) became law, APHIS did not have 
authority to subpoena documents and other records for use in PPQ 
investigation cases. This sometimes hampered the Agency's ability to 
enforce its PPQ regulations.
    Section 423 of the PPA (7 U.S.C. 7733) gives the Secretary of 
Agriculture (Secretary, USDA) authority to issue subpoenas for 
testimony and for documents and other records relating to 
administration or enforcement of the PPA. This authority has been 
delegated from the Secretary to the Under Secretary of Marketing and 
Regulatory Programs, and from the Under Secretary of Marketing and 
Regulatory Programs to the Administrator, APHIS (7 CFR 2.22 and 2.80). 
In addition, Title V of the Agricultural Risk Protection Act of 2000 
authorizes the Secretary to subpoena witnesses and documents relating 
to the investigation or enforcement of section 501 of that title. 
Section 501 authorizes the Secretary to assess a civil penalty not to 
exceed $10,000 against any person who causes harm to, or interferes 
with, an animal used for official inspections by USDA.
    The PPA and Title V of the Agricultural Risk Protection Act of 2000 
require that we publish procedures for issuing subpoenas. According to 
Sec. 422(e) of the PPA (7 U.S.C. 7733) and Sec. 502(e) of Title V of 
the Agricultural Risk Protection Act of 2000, the procedures must 
``include a requirement that subpoenas be reviewed for legal 
sufficiency and signed by the Secretary. If the authority to sign a 
subpoena is delegated, the agency receiving the delegation shall seek 
review for legal sufficiency outside that agency.''
    In order to comply with these requirements, we are amending 7 CFR 
1.29 and 1.131. Section 1.29 governs the issuance of subpoenas relating 
to investigations under statues administered by the Secretary. We are 
adding a new paragraph (3) to state that the Office of the General 
Counsel, USDA, will review for legal sufficiency subpoenas issued under 
the PPA and Title V of the Agricultural Risk Protection Act of 2000. 
Section 1.131 comes under subpart H of part. 1. Subpart H contains 
rules of practice for formal adjudicatory proceedings instituted by the 
Secretary under various statutes. We are amending Sec. 1.131 to add the 
PPA and Title V of the Agricultural Risk Protection Act of 2000 to the 
list of covered statutes.
    This rule relates to internal agency management. Therefore, this 
rule is exempt from the provisions of Executive Orders 12866 and 12988. 
Moreover, pursuant to 5 U.S.C. 553, notice of proposed rulemaking and 
opportunity for comment are not required for this rule, and it may be 
made effective less than 30 days after publication in the Federal 
Register. In addition, under 5 U.S.C. 804, this rule is not subject to 
congressional review under the Small Business Regulatory Enforcement 
Fairness Act of 1996, Pub. L. 104-121. Finally, this action is not a 
rule as defined by 5 U.S.C. 601 et seq., the Regulatory Flexibility 
Act, and thus is exempt from the provisions of that Act.

Paperwork Reductions Act

    This rule contains no information collections and recordkeeping 
requirements under the Paperwork Regulation Act of 1955 (44 U.S.C. 2501 
et seq.).

List of Subjects in 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.

    Accordingly, we are amending 7 CFR part 1 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.

Subpart B--Departmental Proceedings

    2. In Sec. 1.29, a new paragraph (a)(3) is added to read as 
follows:

[[Page 36908]]

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

    (a) * * *
    (3) In the case of a subpoena issued under the Plant Protection Act 
(7 U.S.C. 7701-7772) or Title V of the Agricultural Risk Protection Act 
of 2000 (7 U.S.C. 2279e-2279f), the subpoena will be reviewed for legal 
sufficiency by the Office of the General Counsel, USDA.
* * * * *

Subpart H--Rules of Practice Governing Formal Adjudicatory 
Proceedings Instituted by the Secretary Under Various Statutes

    3. The authority citation for Subpart H is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 7 U.S.C. 61, 87e, 149, 150gg, 162, 163, 
164, 228, 268, 499o, 608c(14), 1592, 1624(b), 2151, 2279e, 2621, 
2714, 2908, 3812, 4610, 4815, 4910, 6009, 6107, 6207, 6307, 6411, 
6808, 7107, 7734; 15 U.S.C. 1828; 16 U.S.C. 620d, 1540(f), 3373; 21 
U.S.C. 104, 111, 117, 120, 122, 127, 134e, 134f, 135a, 154, 463(b), 
621, 1043; 43 U.S.C. 1740; 7 CFR 2.35, 2.41.


Sec. 1.131  [Amended]

    4. In Sec. 1.131, paragraph (a) is amended by adding, in 
alphabetical order, ``Plant Protection Act, section 424 (7 U.S.C. 
7734),'' and ``Title V of the Agricultural Risk Protection Act of 2000, 
section 501(a) (7 U.S.C. 2279e).''

    Dated: July 9, 2001.
Ann M. Veneman,
Secretary of Agriculture.
[FR Doc. 01-17652 Filed 7-13-01; 8:45 am]
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