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.

Rules and Regulations Federal Register

66479

Vol. 60, No. 246

Friday, December 22, 1995

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.

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those that are outdated or otherwise in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that these regulations contain outdated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 §§ 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

§ 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,

§ 1.27(e) provides that, despite the

limiting language in § 1.27 (a) through

(d), the policy annunciated in § 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 § 1.27 (c) and (d) includes

agency records that the Department may

not be able to withhold under the

Freedom of Information Act. Therefore,

§ 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

§ 1.27 by setting forth the scope of the

Department policy at the beginning of

§ 1.27, eliminating the inaccurate

limiting language currently found in

§ 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 § 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 § 1.29(a) was

issued, the Department has been

reorganized and the references to

Department officials in § 1.29(a) are no

longer accurate. This final rule amends

this provision within § 1.29(a) to correct

the references to Department officials.

In addition, this final rule amends

other provisions in § 1.29(a), and

§§ 1.29(b)(1)(iii), (b)(2), and (b)(3) for

clarity and to remove gender-specific

references and surplusage.
66480 Federal Register / Vol. 60, No. 246 / Friday, December 22, 1995 / Rules and Regulations

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 § 1.41 in 7 CFR,

part 1, subpart C, to remove a genderspecific 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

§ 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 § 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.

§ 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).

§ 1.27 [Amended]

4. Section 1.27 is revised to read as

follows:

§ 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
Federal Register / Vol. 60, No. 246 / Friday, December 22, 1995 / Rules and Regulations 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.

§ 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.

§ 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).’’.

§ 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.

* * * * *

§ 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.

§ 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.

§ 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.

§ 1b.3 [Amended]

12. In § 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:

§ 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
66482 Federal Register / Vol. 60, No. 246 / Friday, December 22, 1995 / Rules and Regulations

1Results of the in-plant trial for FAST are

available for review in the Office of the FSIS Docket

Clerk, Room 4352, South Agriculture Building,

Food Safety and Inspection Service, U.S.

Department of Agriculture, Washington, DC 20250.

(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

Food Safety and Inspection Service

9 CFR Part 310

[Docket No. 95–048DF]

RIN 0583–AC03

Use of the Fast Antimicrobial Screen

Test for Bob Veal Calves

AGENCY: Food Safety and Inspection

Service, USDA.

ACTION: Direct final rule.

SUMMARY: The Food Safety and

Inspection Service (FSIS) is amending

the Federal meat inspection regulations

to permit the use of the Fast

Antimicrobial Screen Test (FAST) in its

bob veal calf residue testing program.

Under FSIS’ residue testing program,

carcasses of bob veal calves are subject

to specific regulatory requirements for

residue testing by FSIS inspectors to

assure that adulterated meat does not

enter human food channels. Until

recently, the Calf Antibiotic and

Sulfonamide Test (CAST) was the only

official test authorized for use in the bob

veal calf residue testing program. FSIS

has now developed FAST, which is an

enhanced and equally effective version

of CAST that provides results after 6

hours of incubation, compared to 18–24

hours of incubation for CAST. This

action will permit the use of FAST in

lieu of CAST under FSIS’ bob veal calf

residue testing program.

DATES: This rule will be effective on

February 20, 1996, unless we receive

written adverse comments or written

notice of intent to submit adverse

comments on or before January 22,

1996. If FSIS receives adverse comments

or notice of intent to submit adverse

comments, FSIS will withdraw this rule

and publish a proposed rule for public

comment.

ADDRESSES: Send an original and two

copies of written comments to: FSIS

Docket Clerk, Docket #95–048DF, Room

4352, South Agriculture Building, Food

Safety and Inspection Service, U.S.

Department of Agriculture, Washington,

DC 20250.

SUPPLEMENTARY INFORMATION:

Background

In June 1984, as a result of findings of

increased levels of sulfonamide and

antibiotic residues in young calves, FSIS

promulgated an interim rule (49 FR

23602; affirmed 50 FR 32162) that

amended the Federal meat inspection

regulations (9 CFR parts 309, 310 and

318) by establishing an intensified

residue testing program for bob veal

calves (calves up to 3 weeks in age or

150 pounds in weight). FSIS was

concerned with findings of increased

levels of sulfonamide and antibiotic

residues in young calves, and undertook

an emergency rulemaking to decrease

the likelihood that adulterated meat

would enter into human food channels.

FSIS determined that carcasses and

parts thereof from bob veal calves are

adulterated under the Federal Meat

Inspection Act if they bear or contain

sulfonamide or antibiotic residues other

than in accordance with tolerances

established by the Food and Drug

Administration.

In the interim rule, FSIS stated that

CAST, a swab bioassay test, would be

the official test used to screen carcasses

of bob veal calves. In trial testing, FSIS

had found CAST to be extremely

reliable in detecting violative levels of

antibiotics and sulfonamides in animal

tissues.

FSIS has recently developed a new

test that, like CAST, is designed to

detect the presence of sulfonamide and

antibiotic residues in animal tissues.

FAST is similar to and is performed in

a similar manner to CAST. The major

advantage of FAST is that test results

can be obtained in 6 hours, instead of

the 18–24 hour period required for

CAST. FSIS’ in-plant trial testing of

FAST has shown that FAST is

equivalent to CAST in detecting

sulfonamide and antibiotic residues in

animal tissues.1

Therefore, FSIS is amending § 310.21

to add FAST as an alternative to CAST

for use by inspectors in testing carcasses

and parts of bob veal calves for

sulfonamide and antibiotic residues.

Effective Date

This rule is being published without

a prior proposal because this action is

viewed as noncontroversial, and FSIS

does not anticipate any adverse public

comments will be received. This rule

will be effective 60 days after the date

of publication in the Federal Register

unless FSIS receives written adverse

comments or written notice of intent to

submit adverse comments within 30

days of the date of publication of this

rule in the Federal Register.

If FSIS receives adverse comments or

notice of intent to submit adverse

comments, FSIS will withdraw this rule

and publish a proposed rule for public

comment.

If no adverse comments are received,

FSIS will publish a notice in the

Federal Register confirming that the

rule is effective on the date indicated.

Executive Order 12866

This rule is considered not significant

and therefore has not been reviewed by

the Office of Management and Budget.

Effect on Small Entities

The Administrator, FSIS, has

determined that this rule will not have

a significant impact on a substantial

number of small entities. The rule

permits the use of an alternate test,

which can provide results in less than

half the time than the original test.

Carcasses that test negative could be

released on the day of slaughter, which

will modestly benefit the meat industry.

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.

List of Subjects in 9 CFR part 310

Meat inspection, Residue testing.

For the reasons discussed in the

preamble, FSIS is amending part 310 of

the Federal meat inspection regulations

(9 CFR Part 310) as follows:

PART 310—[AMENDED]

1. The authority citation for part 310

continues to read as follows:

Authority: 21 U.S.C. 601–695; 7 CFR 2.17,

2.55.

2. The introductory text and footnote

to paragraph (c) of § 310.21 are revised

to read as follows: