[Federal Register Volume 67, Number 228 (Tuesday, November 26, 2002)]
[Rules and Regulations]
[Pages 70673-70674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29985]



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  Federal Register / Vol. 67, No. 228 / Tuesday, November 26, 2002 / 
Rules and Regulations  

[[Page 70673]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 1

[Docket No. 02-077-1]


Subpoenas Issued Under the Animal Health Protection Act

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 subpoena provisions of 
the Animal Health Protection Act. Under the Animal Health Protection 
Act, the Secretary of Agriculture can subpoena witnesses and documents 
relating to the administration or enforcement of the Animal Health 
Protection Act or any matter being investigated in connection with the 
Animal Health Protection Act. This final rule is necessary to establish 
regulations governing the issuance of subpoenas under this authority. 
We are also amending the administrative regulations, where necessary, 
by including references to the Animal Health Protection Act, the Plant 
Protection Act, and Title V of the Agricultural Risk Protection Act of 
2000, and removing references to statutes repealed by the Plant 
Protection Act.

EFFECTIVE DATE: November 26, 2002.

FOR FURTHER INFORMATION CONTACT: Mr. Alan R. Christian, Director, 
Investigative and Enforcement Services, APHIS, 4700 River Road Unit 85, 
Riverdale, MD 20737-1231; (301) 734-8684.

SUPPLEMENTARY INFORMATION:

Background

    The Animal and Plant Health Inspection Service (APHIS), through its 
Veterinary Services (VS) program, regulates animals, animal products, 
and other articles to prevent the introduction or spread of animal 
diseases and pests. When it appears that VS regulations have been 
violated, APHIS conducts an investigation. In conducting the 
investigation, it may be necessary to issue a subpoena for testimony or 
for documents and other records.
    Title X, subtitle E, of the Farm Security and Rural Investment Act 
of 2002 (Pub. L. 107-171, 7 U.S.C. 8301-8317), known as the Animal 
Health Protection Act (AHPA), updates and consolidates a number of 
animal health statutes. Under section 10415 of the AHPA (7 U.S.C. 
8314), the Secretary of Agriculture has the authority to issue 
subpoenas for testimony and for documents and other records relating to 
administration or enforcement of the AHPA. The authority for signing 
subpoenas 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).
    The AHPA requires that we publish procedures for issuing subpoenas. 
According to Sec.  10415(a)(2)(E) of the AHPA (7 U.S.C. 8314), the 
procedures must include a requirement that subpoenas be reviewed for 
legal sufficiency and signed by the Secretary. The Act further requires 
that ``if the authority to sign a subpoena is delegated to an agency 
other than the Office of Administrative Law Judges, the agency 
receiving the delegation shall seek review of the subpoena for legal 
sufficiency outside that agency.''
    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 statutes administered by the Secretary. Paragraph 
(3) states that the Office of the General Counsel, USDA, will review 
subpoenas for legal sufficiency that are issued under certain statutes. 
We are amending paragraph (3) to state that the Office of the General 
Counsel will also review for legal sufficiency subpoenas that are 
issued under the AHPA.
    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 AHPA to the list of covered statutes. We are also updating Sec.  
1.131 by removing references to statutes that were repealed by the 
Plant Protection Act (PPA, 7 U.S.C. 7701-7772).
    We are also updating Sec.  1.183, which comes under subpart J of 
part 1. Subpart J contains procedures relating to awards under the 
Equal Access to Justice Act in proceedings before the Department. We 
are amending Sec.  1.183 by adding the AHPA and Title V of the 
Agricultural Risk Protection Act of 2000, section 501(a) (7 U.S.C. 
2279e) to the list of covered statutes and by revising the citations 
provided in the entry for the PPA.
    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 Reduction Act

    This rule contains no information collections or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
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.

[[Page 70674]]

Subpart B--Departmental Proceedings


Sec.  1.29  [Amended]

    2. In Sec.  1.29, paragraph (a)(3) is amended by adding the words 
``Animal Health Protection Act (7 U.S.C. 8301-8317),'' before the word 
``Plant'', and by adding a comma before the word ``or''.

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, 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, 8313; 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, ``Animal Health Protection Act, section 10414 (7 
U.S.C. 8313).'', and by removing ``Act of August 20, 1912, commonly 
known as the Plant Quarantine Act, section 10, as amended (7 U.S.C. 
163, 164).'', ``Act of January 31, 1942, as amended (7 U.S.C. 149).'', 
and ``Federal Plant Pest Act, section 108, as amended (7 U.S.C. 
150gg).''.

Subpart J--Procedures Relating to Awards Under the Equal Access to 
Justice Act in Proceedings Before the Department

    5. The authority citation for Subpart J continues to read as 
follows:

    Authority: 5 U.S.C. 504(c)(1).


Sec.  1.183  [Amended]

    6. In Sec.  1.183, paragraph (a)(2) is amended by adding, in 
alphabetical order, ``Animal Health Protection Act, sections 10414 and 
10415 (7 U.S.C. 8313 and 8314)'' and ``Title V of the Agricultural Risk 
Protection Act of 2000, section 501(a) (7 U.S.C. 2279e)''; and in the 
entry for the Plant Protection Act, by removing the citations ``7 
U.S.C. 2279e, 7734(b), 7736'' and adding the citations ``7 U.S.C. 7734, 
7735, and 7736'' in their place.

    Dated: November 20, 2002.
Ann M. Veneman,
Secretary of Agriculture.
[FR Doc. 02-29985 Filed 11-25-02; 8:45 am]
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