Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes, 18433 [E8-6764]
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18433
Rules and Regulations
Federal Register
Vol. 73, No. 66
Friday, April 4, 2008
7 CFR Part 1
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.
[Docket No. AMS–L&RRS–08–0015]
Paperwork Reduction Act
Rules of Practice Governing Formal
Adjudicatory Proceedings Instituted by
the Secretary Under Various Statutes
This rule contains no information
collections or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Office of the Secretary
Office of the Secretary, USDA.
ACTION: Final rule.
AGENCY:
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
ebenthall on PRODPC61 with RULES
SUMMARY:
VerDate Aug<31>2005
13:41 Apr 03, 2008
Jkt 214001
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.
I For the reasons set forth in the
preamble, Title 7 subtitle A is amended
as follows:
PART 1—ADMINISTRATIVE
REGULATIONS
1. The authority citation for part 1
continues to read as follows:
I
Authority: 5 U.S.C. 301, unless otherwise
noted.
2. The authority citation for part 1,
subpart H is revised to read as follows:
I
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.
3. In § 1.131, paragraph (a), the
following statutory reference is added in
alphabetical order:
I
§ 1.131 Scope and applicability of this
subpart.
PO 00000
(a) * * *
Frm 00001
Fmt 4700
Sfmt 4700
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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E:\FR\FM\04APR1.SGM
04APR1
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[Federal Register Volume 73, Number 66 (Friday, April 4, 2008)]
[Rules and Regulations]
[Page 18433]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6764]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
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.
-----------------------------------------------------------------------
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]
BILLING CODE 3410-02-P