[Federal Register Volume 67, Number 127 (Tuesday, July 2, 2002)]
[Rules and Regulations]
[Pages 44349-44351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16477]



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 Rules and Regulations
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  Federal Register / Vol. 67, No. 127 / Tuesday, July 2, 2002 / Rules 
and Regulations  

[[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.

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

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 [email protected].

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