Rules of Practice

SUMMARY: We are reopening and extending the comment period for the

public comment on a proposed rule to amend the Rules of Practice

Governing Formal Adjudicatory Proceedings Instituted by the Secretary

Under Various Statutes, the Rules of Practice Governing Cease and

Desist Proceedings Under Section 2 of the Capper-Volstead Act, the

Rules of Practice Under the Perishable Agricultural Commodities Act,

and the Rules of Practice Applicable to Reparation Proceedings Under

the Packers and Stockyards Act. The proposed rule would provide that

conferences shall be conducted by telephone or correspondence, and

hearings and depositions be conducted by telephone, unless the person

conducting the proceeding orders that the conference, hearing, or

deposition be conducted by audio-visual telecommunications or personal

attendance. The proposal would also provide for the use of recordings

of hearings and depositions, and would require each party to exchange,

in writing, with all other parties in the proceeding, the direct

testimony of each witness the party intends to call. Reopening and

extending the comment period will give interested persons additional

time to prepare and submit comments.

DATES: Consideration will be given only to comments received on or

before July 22, 1994.

ADDRESSES: Please send an original and three copies of your comments to

William Jenson, Senior Counsel, Office of the General Counsel, USDA,

room 2422, South Building, 14th Street and Independence Avenue SW.,

Washington, DC 20250. Comments received may be inspected at USDA, Room

2422, South Building, 14th Street and Independence Avenue SW.,

Washington, DC 20250, between 8 a.m. and 4:30 p.m., Monday through

Friday, except holidays. Persons wishing to inspect comments are

encouraged to call ahead (202) 720-2453 to facilitate entry.

FOR FURTHER INFORMATION CONTACT:

Mary Hobbie, Deputy Assistant General Counsel, Trade Practices

Division, Office of the General Counsel, USDA, Room 2446, South

Building, 14th Street and Independence Avenue, SW., Washington, DC

20250, (202) 720-5293.

SUPPLEMENTARY INFORMATION:

Background

On February 25, 1994, we published in the Federal Register (59 FR

9114-9136) a proposed rule to amend the Rules of Practice Governing

Formal Adjudicatory Proceedings Instituted by the Secretary Under

Various Statutes (7 CFR 1.130 through 1.151), the Rules of Practice

Governing Cease and Desist Proceedings Under Section 2 of the Capper-

Volstead Act (7 CFR 1.160 through 1.175), the Rules of Practice Under

the Perishable Agricultural Commodities Act Applicable to Reparation

Proceedings (7 CFR 47.1 through 47.25 and 47.46), the Rules of Practice

Under the Perishable Agricultural Commodities Act Applicable to

Determinations as to Whether a Person is Responsibly Connected With a

Licensee Under the Perishable Agricultural Commodities Act (7 CFR 47.1,

47.2(a) through 47.2(h), and 47.47 through 47.68), and the Rules of

Practice Applicable to Reparation Proceedings Under the Packers and

Stockyards Act (9 CFR 202.101 through 202.123), to specifically provide

that conferences may be conducted by telephone, correspondence, audio-

visual telecommunication, or personal attendance of the participants.

We also proposed to amend these rules of practice to allow the use

of recordings of depositions and hearings instead of requiring the

transcription of depositions and hearings and to require that each

party exchange, in writing, with all other parties, the direct

testimony of each witness the party will call. In addition, we proposed

a number of minor and nunsubstantive amendments to the regulations.

Comments on the proposed rule were required to be received on or

before April 26, 1994.

We received a request for an extension of the comment period to

allow interested persons additional time to prepare and submit comments

regarding the proposal. In response to this request, we are ropening

and extending the comment period for an additional 30 days. We will

consider all comments that are received on or before July 22, 1994.

Done in Washington, DC, this 12th day of June, 1994.

Mike Espy,

Secretary of Agriculture.

[FR Doc. 94-15102 Filed 6-21-94; 8:45 am]

BILLING CODE 3410-01-M