[Federal Register Volume 60, Number 246 (Friday, December 22, 1995)]
[Rules and Regulations]
[Pages 66479-66482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30674]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 60, No. 246 / Friday, December 22, 1995 /
Rules and Regulations
[[Page 66479]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Parts 1 and 1b
Departmental Proceedings, Judicial Proceedings, and NEPA Policy
AGENCY: Office of the Secretary of Agriculture, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the Administrative Regulations--Departmental
Proceedings, the Administrative Regulations--Judicial Proceedings, and
the National Environmental Policy Act regulations as part of the United
States Department of Agriculture's (USDA) regulatory reinvention
initiative to improve its regulations. This final rule updates and
corrects references to statutes, regulations, USDA agencies, and USDA
officials; removes gender specific references; removes unnecessary
regulations; and makes minor nonsubstantive changes for clarity.
EFFECTIVE DATE: This final rule is effective January 22, 1996.
FOR FURTHER INFORMATION CONTACT:
William Jenson, Senior Counsel, Regulatory Division, Office of the
General Counsel, USDA, room 2422, South Building, 14th Street and
Independence Avenue SW., Washington, DC 20250, (202) 720-2453.
SUPPLEMENTARY INFORMATION:
Background
The President directed the heads of all departments and agencies to
review all regulations and eliminate or revise those that are outdated
or otherwise in need of reform. The Department completed its review and
submitted a report on the review to the Office of Management and Budget
on June 1, 1995. The review included USDA's Administrative
Regulations--Departmental Proceedings (7 CFR, part 1, subpart B);
Administrative Regulations--Judicial Proceedings (7 CFR, part 1,
subpart C); and National Environmental Policy Act regulations (7 CFR,
part 1b). The Department found that these regulations contain outdated
and incorrect references to statutes, regulations, USDA agencies, and
USDA officials; unnecessary provisions; gender specific references; and
provisions that could be clarified by making minor nonsubstantive
changes. This final rule updates and corrects references to statutes,
regulations, USDA agencies, and USDA officials; removes gender specific
references; removes unnecessary regulations; and makes minor
nonsubstantive changes for clarity.
7 CFR, Part 1, Subpart B
This final rule amends 7 CFR, part 1, subpart B, by adding a
citation to the statutory authority for the subpart. This final rule
also amends Secs. 1.26, 1.27, 1.28, and 1.29 in 7 CFR, part 1, subpart
B.
Section 1.26(c) provides that ``[c]hapter 11 of title 18, United
States Code prohibits employees and former employees from representing
others under certain circumstances. See Sec. 0.735-41 of this subtitle
for illustrations.'' Section 1.26(c) is unnecessary and has no effect
and is therefore removed. In addition, this final rule makes minor
nonsubstantive amendments to 7 CFR 1.26 (a), (b)(2), and (b)(3) for
clarity and to remove gender specific references.
Section 1.27 sets forth the Department policy with respect to the
availability of written submissions in response to certain notices
published by the Department. Sections 1.27 (a) through (d) appear by
their terms to apply only to written submissions in response to notices
of proposed rulemaking published by the Department. However,
Sec. 1.27(e) provides that, despite the limiting language in Sec. 1.27
(a) through (d), the policy annunciated in Sec. 1.27 applies to written
submissions in response to any published notice which solicits, or
affords interested members of the public an opportunity to submit,
written views with respect to any proposed action relating to any
program administered by the Department regardless of the fact that the
issuance of a rule may not be contemplated.
Further, this final rule amends the provisions regarding the
confidentiality of written submissions. Sections 1.27 (c) and (d)
provide for confidentiality if making the submission public would have
an adverse effect on the submitter by reason of: (1) Disclosing trade
secrets, processes, operations, style of work or apparatus; (2)
disclosing the identity, confidential statistical data, amount or
source of any income, profits, losses, or expenditures; or (3) exposing
the submitter to substantial disadvantage in business or employment.
This confidentiality provision was written before the enactment of the
Freedom of Information Act. The confidentiality provision in Sec. 1.27
(c) and (d) includes agency records that the Department may not be able
to withhold under the Freedom of Information Act. Therefore, Sec. 1.27
is amended to provide that confidentiality may be given to written
submissions only if they may be withheld under the Freedom of
Information Act.
Further still, this final rule amends Sec. 1.27 by setting forth
the scope of the Department policy at the beginning of Sec. 1.27,
eliminating the inaccurate limiting language currently found in
Sec. 1.27 (a) through (d), and making other minor nonsubstantive
changes for clarity.
Section 1.28 contains an inaccurate reference to a provision of the
Administrative Procedure Act. This final rule amends Sec. 1.28 to
correct that inaccurate reference.
Section 1.29(a) provides that the ``Administrator, Agricultural
Marketing Service may delegate the authority to issue subpoenas in
connection with investigations being conducted under the Packers and
Stockyards Act, as amended and supplemented (7 U.S.C. 181-229), to the
Deputy Administrator, Packers and Stockyards, Agricultural Marketing
Service.'' Since Sec. 1.29(a) was issued, the Department has been
reorganized and the references to Department officials in Sec. 1.29(a)
are no longer accurate. This final rule amends this provision within
Sec. 1.29(a) to correct the references to Department officials.
In addition, this final rule amends other provisions in
Sec. 1.29(a), and Secs. 1.29(b)(1)(iii), (b)(2), and (b)(3) for clarity
and to remove gender-specific references and surplusage.
[[Page 66480]]
7 CFR, Part 1, Subpart C
This final rule amends 7 CFR, part 1, subpart C, by adding a
citation to the statutory authority for the subpart. This final rule
also amends Sec. 1.41 in 7 CFR, part 1, subpart C, to remove a gender-
specific reference and to remove a provision that requires service of
process to be made upon the General Counsel to enforce child support or
alimony payments owed by employees of the Department. This provision is
removed because the regulations related to service of legal process for
the enforcement of child support and alimony owed by Department
employees are set forth in 5 CFR, part 581.
7 CFR, Part 1b
This final rule amends the authority citation for 7 CFR, part 1b,
to remove inaccurate references to the Federal Register.
Section 1b.1 contains inaccurate references to regulations and an
inaccurate reference to the Council on Environmental Quality. This
final rule corrects those inaccuracies.
Section 1b.2(a) describes the purposes of some of the Department's
programs and the methods by which some of these programs are conducted.
Section 1b.2(a) is unnecessary and has no effect and is therefore
removed. In addition, this final rule makes minor nonsubstantive
amendments to 7 CFR 1b.2 paragraphs (c), (d), and (e) for clarity; to
remove inaccurate references to regulations, the Under Secretary,
Natural Resources and Environment, and the Agricultural Council on
Environmental Quality; and to remove surplusage.
Section 1b.3(c) is amended to correct a cross reference.
Section 1b.4 lists agencies that are excluded from the requirement
to prepare procedures to implement the National Environmental Policy
Act and categorically excluded from the preparation of environmental
assessments and environmental impact statements unless the agency head
determines that an action may have a significant environmental effect.
Since Sec. 1b.4 was published, the Department has been reorganized and
some of the listed agencies no longer exist. This final rule corrects
the list of Department agencies in Sec. 1b.4 and makes minor
nonsubstantive changes for clarity.
Notice and Comment
This rule makes only minor nonsubstantive amendments to the
regulations in order to update and correct incorrect references, remove
gender-specific references, remove unnecessary provisions, and clarify
existing regulations. The rule will not have any effect on the public
and no public participation is expected. Therefore, notice and public
procedure with respect to this rule are unnecessary, and there is good
cause under 5 U.S.C. 553 to make this rule effective without
opportunity for public participation.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
This final rule updates and corrects references to statutes,
regulations, USDA agencies, and USDA officials; removes gender-specific
references; removes unnecessary provisions; and makes minor
nonsubstantive changes for clarity. This final rule will not have any
economic impact.
Under these circumstances, the Secretary has determined that this
action will not have a significant economic impact on a substantial
number of small entities.
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all state and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This final rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects
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.
7 CFR Part 1b
Environmental policy statements.
Accordingly, 7 CFR parts 1 and 1b are amended 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.
Sec. 1.26 [Amended]
2-3. Section 1.26 is amended as follows:
a. In paragraph (a), by removing the words ``The provisions of this
section apply'' and by adding the words ``This section applies'' in
their place; and by removing the words ``such provisions, or any part
thereof'' and by adding the words ``this section, or any part of this
section'' in their place.
b. In paragraph (b)(2), by removing the word ``he'' and adding the
words ``the Secretary'' in its place each time it appears; and by
removing the word ``him'' and adding the words ``the person'' in its
place.
c. In paragraph (b)(3), by removing the words ``his employment he''
and adding the words ``employment with the Department the employee or
former employee'' in their place; and by removing the word ``him'' and
adding the words ``the employee or former employee'' in its place.
d. By removing paragraph (c).
Sec. 1.27 [Amended]
4. Section 1.27 is revised to read as follows:
Sec. 1.27 Rulemaking and other notice procedures.
(a) This section shall apply to:
(1) Notices of proposed rulemaking;
(2) Interim final rules;
(3) Advance notices of proposed rulemaking; and
(4) Any other published notice that solicits, or affords interested
members of the public an opportunity to submit, written views with
respect to any proposed action relating to any program administered in
the Department regardless of the fact that the issuance of a rule may
not be contemplated.
(b) Each notice identified in paragraph (a) of this section shall
indicate the procedure to be followed with respect to the notice,
unless the procedure is prescribed by statute or by published rule of
the Department. Each notice shall contain a statement that advises the
public of the policy regarding the availability of written submissions
by indicating whether paragraph (c), (d), or (e) of this section is
applicable to written submissions made pursuant to the notice.
(c) All written submissions made pursuant to the notice shall be
made
[[Page 66481]]
available for public inspection at times and places and in a manner
convenient to the public business.
(d)(1) Any written submission, pursuant to a notice, may be held
confidential if the person making the submission requests that the
submission be held confidential, the person making the submission has
shown that the written submission may be withheld under the Freedom of
Information Act, and the Department official authorized to issue the
notice determines that the submission may be withheld under the Freedom
of Information Act.
(2) If a request is made in accordance with paragraph (d)(1) of
this section for confidential treatment of a written submission, the
person making the request shall be informed promptly in the event the
request is denied and afforded an opportunity to withdraw the
submission.
(3) If a determination is made to grant a request for confidential
treatment under paragraph (d)(1) of this section, a statement of the
specific basis for the determination that will not be susceptible of
identifying the person making the request will be made available for
public inspection.
(e) If the subject of the notice is such that meaningful
submissions cannot be expected unless they disclose information that
may be withheld under the Freedom of Information Act, the notice shall
so indicate and contain a statement that written submissions pursuant
to the notice will be treated as confidential and withheld under the
Freedom of Information Act. Provided, That the policy regarding
availability of written submissions set forth in this paragraph may
only be used with the prior approval of the Secretary, or the Under
Secretary or Assistant Secretary that administers the program that is
the subject of the notice.
Sec. 1.28 [Amended]
5. Section 1.28 is amended by removing the phrase ``the provisions
of section 4(d) of the Administrative Procedure Act (60 Stat. 239; 5
U.S.C. 1003(d))'' and adding the reference ``5 U.S.C. 553(e)'' in its
place.
Sec. 1.29 [Amended]
6. Section 1.29 is amended as follows:
a. By revising paragraph (a) to read as set forth below.
b. In paragraph (b)(1)(iii), by adding the word ``, her,''
immediately after the word ``his''.
c. In paragraph (b)(2), by adding the words ``or she'' immediately
after the word ``he''; and by removing the word ``therein'' and adding
the words ``in the subpoena'' in its place.
d. In paragraph (b)(3), by removing the reference ``(5 U.S.C.
301).''.
Sec. 1.29 Subpoenas relating to investigations under statutes
administered by the Secretary of Agriculture.
(a) Issuance of subpoena. (1) When the Secretary is authorized by
statute to issue a subpoena in connection with an investigation being
conducted by the Department, the attendance of a witness and the
production of evidence relating to the investigation may be required by
subpoena at any designated place, including the witness' place of
business. Upon request of any representative of the Secretary involved
in connection with the investigation, the subpoena may be issued by the
Secretary, the Inspector General, or any Department official authorized
pursuant to part 2 of this title to administer the program to which the
subpoena relates, if the official who is to issue the subpoena is
satisfied as to the reasonableness of the grounds, necessity, and scope
of the subpoena. Except as provided in paragraph (a)(2) of this
section, the authority to issue subpoenas may not be delegated or
redelegated by the head of an agency.
(2) The Administrator, Grain Inspection, Packers and Stockyards
Administration, may delegate the authority to issue subpoenas in
connection with investigations being conducted under the Packers and
Stockyards Act (7 U.S.C. 181-229), to the Deputy Administrator, Packers
and Stockyards Programs.
* * * * *
Sec. 1.41 [Amended]
7-8. Section 1.41 is amended as follows:
a. In the third sentence, by removing the word ``he'' and adding
the words ``the officer'' in its place.
b. By removing the last sentence.
PART 1b--NATIONAL ENVIRONMENTAL POLICY ACT
9. The authority citation for part 1b is revised to read as
follows:
Authority: 5 U.S.C. 301; 42 U.S.C. 4321 et seq.; E.O. 11514, 3
CFR, 1966-1970 Comp., p. 902, as amended by E.O. 11991, 3 CFR, 1978
Comp., p. 123; E.O. 12114, 3 CFR, 1980 Comp., p. 356; 40 CFR 1507.3.
Sec. 1b.1 [Amended]
10. Section 1b.1 is amended as follows:
a. In paragraph (a), by removing the words ``This subpart'' and
adding the words ``This part'' in their place; by removing the words
``Council of'' and adding the words ``Council on'' in their place; and
by removing the words ``The subpart'' and adding the words ``This
part'' in their place.
b. In paragraph (b), by removing the word ``subpart'' and adding
the word ``part'' in its place.
Sec. 1b.2 [Amended]
11. Section 1b.2 is amended as follows:
a. By removing paragraph (a).
b. In paragraph (c), by removing the words ``the provisions of this
subpart'' and adding the words ``this part'' in their place; and by
removing the words ``the provisions of NEPA'' and adding the word
``NEPA'' in their place.
c. In paragraph (d), the first sentence, by removing the word
``Assistant'' and adding the word ``Under'' in its place; and by
removing the reference ``(7 CFR 2.19(b))''.
d. In paragraph (d), the second sentence, by removing the words
``Assistant Secretary, through the USDA Natural Resources and
Environment Committee'' and adding the words ``Under Secretary, NR&E,
through the Agricultural Council on Environmental Quality'' in their
place.
e. In paragraph (e), the first sentence, by removing the word
``subpart'' and adding the word ``part'' in its place.
f. In paragraph (e), the third sentence, by removing the word
``Assistant'' and adding the word ``Under'' in its place.
g. By redesignating paragraphs (b), (c), (d), and (e) as paragraphs
(a), (b), (c), and (d), respectively.
Sec. 1b.3 [Amended]
12. In Sec. 1b.3, paragraph (c) is amended by removing the words
``above and in'' and adding the words ``in paragraphs (a) of this
section and'' in their place.
13. Section 1b.4 is revised to read as follows:
Sec. 1b.4 Exclusion of agencies.
(a) The USDA agencies and agency units listed in paragraph (b) of
this section conduct programs and activities that have been found to
have no individual or cumulative effect on the human environment. The
USDA agencies and agency units listed in paragraph (b) of this section
are excluded from the requirements of preparing procedures to implement
NEPA. Actions of USDA agencies and agency units listed in paragraph (b)
of this section are categorically excluded from the preparation of an
EA or EIS unless the agency head determines that an action may have a
significant environmental effect.
(b)(1) Agricultural Marketing Service
[[Page 66482]]
(2) Economic Research Service
(3) Extension Service
(4) Federal Corp Insurance Corporation
(5) Food and Consumer Service
(6) Food Safety and Inspection Service
(7) Foreign Agricultural Service
(8) Grain Inspection, Packers and Stockyards Administration
(9) National Agricultural Library
(10) National Agricultural Statistics Service
(11) Office of the General Counsel
(12) Office of the Inspector General
Done in Washington, DC, this 8th day of December, 1995.
Dan Glickman,
Secretary of Agriculture.
FR Doc. 95-30674 Filed 12-21-95; 8:45 am]
BILLING CODE 3410-01-M
