[Federal Register Volume 73, Number 66 (Friday, April 4, 2008)]
[Rules and Regulations]
[Page 18433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6764]



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  Federal Register / Vol. 73, No. 66 / Friday, April 4, 2008 / Rules 
and Regulations  

[[Page 18433]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 1

[Docket No. AMS-L&RRS-08-0015]


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

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

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SUMMARY: This amendment expands the scope and applicability of the 
Department's uniform rules of practice governing adjudicatory 
proceedings to include actions initiated under the Organic Foods 
Production Act of 1990.

DATES: Effective Date: April 4, 2008.

FOR FURTHER INFORMATION CONTACT: Christine M. Sarcone, Director, 
Legislative and Regulatory Review Staff, Agricultural Marketing 
Service, U.S. Department of Agriculture, 1400 Independence Avenue, SW., 
Room 2622-South, Washington, DC 20250-1417. Telephone: (202) 720-3203; 
Facsimile: (202) 690-3767.

SUPPLEMENTARY INFORMATION: The Organic Foods Production Act of 1990, as 
amended (7 U.S.C. 6501-6522) (OFPA) authorizes enforcement actions 
against, among other things, any person found to be in violation of the 
OFPA or a regulation issued thereunder.
    The Department's uniform rules of practice (7 CFR part 1, subpart 
H), which govern the conduct of adjudicatory proceedings under numerous 
statutes, have been in effect since February 1, 1977. Accordingly, to 
insure consistency and uniformity in the conduct of the Department's 
administrative proceedings, it has been determined that proceedings 
initiated under the OFPA should also be governed by these uniform 
procedures. 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, Public Law 104-121. Finally, this 
action is not a rule as defined by the Regulatory Flexibility Act, 5 
U.S.C. 601 et seq., 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, 
Claims, Concessions, Cooperatives, Equal access to justice, Federal 
buildings and facilities, Freedom of Information, Lawyers, Privacy.

0
For the reasons set forth in the preamble, Title 7 subtitle A is 
amended as follows:

PART 1--ADMINISTRATIVE REGULATIONS

0
1. The authority citation for part 1 continues to read as follows:

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


0
2. The authority citation for part 1, 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, 6519, 6520, 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.


0
3. In Sec.  1.131, paragraph (a), the following statutory reference is 
added in alphabetical order:


Sec.  1.131  Scope and applicability of this subpart.

    (a) * * *
    Organic Foods Production Act of 1990, sections 2119 and 2120 (7 
U.S.C. 6519, 6520).
* * * * *

    Dated: March 27, 2008.
Edward T. Schafer,
Secretary of Agriculture.
 [FR Doc. E8-6764 Filed 4-3-08; 8:45 am]
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