[Federal Register Volume 59, Number 50 (Tuesday, March 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5986]


  Federal Register / Vol. 59, No. 50 / Tuesday, March 15, 1994 /
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[[Page Unknown]]

[Federal Register: March 15, 1994]


                                                    VOL. 59, NO. 50

                                            Tuesday, March 15, 1994
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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1211

[FV-94-701]

 

Pecan Promotion and Research Plan; Termination Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule; termination order.

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SUMMARY: This document terminates all but certain administrative 
provisions of the Pecan Promotion and Research Plan (Plan) effective on 
March 15, 1994. The remaining administrative provisions will be 
terminated at a later date.
    A referendum was conducted with registration of voters from 
September 27 through October 1, 1993, and mail balloting during October 
4-6, 1993. Termination of the Plan was favored by a majority of the 
growers, grower-shellers, and importers voting in the referendum.
EFFECTIVE DATE: March 15, 1994.

FOR FURTHER INFORMATION CONTACT: Richard H. Mathews, Research and 
Promotion Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box 
96456, room 2535-S, Washington, DC 20090-6456, telephone (202) 720-
9915.

SUPPLEMENTARY INFORMATION: Prior document in this proceeding: Pecan 
Promotion and Research Plan: Order Directing That a Referendum Be 
Conducted; Determination of Representative Period for Voter 
Eligibility; and Designation of a Referendum Agent to Conduct the 
Referendum, issued on July 28, 1993, and published on August 3, 1993 
(58 FR 41203).
    This action has been determined to be non-significant for purposes 
of Executive Order 12866 and therefore has not been reviewed by OMB.
    This termination order has been reviewed under Executive Order 
12778, Civil Justice Reform. It is not intended to have retroactive 
effect. This action will not preempt any State or local laws, 
regulations, or policies, unless they present an irreconcilable 
conflict with this termination order.
    This action is governed by section 1917(b) of the Pecan Promotion 
and Research Act of 1990 (7 U.S.C. 6001-6013). The Act authorizes a 
national pecan promotion, research, and information program. In 
accordance with the Act, the Department developed and implemented the 
Pecan Promotion and Research Plan (7 CFR 1211.1-1211.78). The Plan 
became effective on May 1, 1992.
    Section 1916(a) of the Act requires that the Secretary conduct a 
continuance referendum within 24 months of the effective date of the 
Plan for the purpose of ascertaining whether growers, grower-shellers, 
and importers favor continuation, termination, or suspension of the 
Plan. The order directing that a referendum be conducted was issued 
July 28, 1993, and published August 3, 1993 (58 FR 41203). A referendum 
was conducted with registration of voters from September 27 through 
October 1, 1993, and mail balloting during October 4-6, 1993. 
Termination of the Plan was favored by 62.3 percent of the growers, 
grower-shellers, and importers casting valid ballots in the referendum.
    Therefore, pursuant to section 1917(b) of the Act and Sec. 1211.73 
of the Plan, it is hereby found and determined that termination of the 
Plan is favored by a majority of the growers, grower-shellers, and 
importers voting in the referendum and that the Plan should therefore 
be terminated.
    The Act requires termination of the collection of assessments 
within six months after the determination that growers, grower-
shellers, and importers favor termination of the Plan. This termination 
order terminates the assessment provisions of the Plan effective on 
March 15, 1994.
    Termination of this Plan and any of its provisions including the 
requirements to report handlings and remit assessments, shall not: (a) 
Affect or waive any right, duty, obligation, or liability which shall 
have arisen or which may thereafter arise in connection with any 
provision of the Plan; or
    (b) Release or extinguish any violation of this Plan; or
    (c) Affect or impair any rights or remedies of the United States, 
or of the Secretary, or of any other person with respect to any such 
violation.
    The Act provides that refunds of assessments shall be made to those 
growers, grower-shellers, and importers who applied for such refunds 
prior to the referendum and submitted satisfactory proof that they paid 
the assessment for which refund is requested. The Act, further, 
provides that if the escrow account, established in accordance with the 
Act, is not sufficient to meet the total demand for refunds, the Pecan 
Marketing Board shall prorate such refunds among all eligible growers, 
grower-shellers, and importers who demanded such refunds. Section 
1211.55 of the Plan provides that the Board shall pay refund requests 
within 90 days of the date the results of the referendum are released 
by the Secretary.
    The Act provides that the Secretary shall terminate activities 
under the Plan in an orderly manner as soon as practicable. To meet 
this requirement of the Act, it will be necessary to retain certain 
administrative provisions of the Plan. Accordingly, the following 
sections of the Plan will remain in effect until further notice: 
Secs. 1211.1 through 1211.29, Definitions; Sec. 1211.52, Failure to 
remit and report; Sec. 1211.53, Determination of first handler; 
Sec. 1211.55, Refunds; Sec. 1211.60, Reports; Sec. 1211.61, Books and 
records; Sec. 1211.62, Confidential treatment of books, records, and 
reports; Sec. 1211.70, Right of the Secretary; Sec. 1211.71, Personal 
liability; Sec. 1211.73, Suspension or termination; Sec. 1211.74, 
Proceedings after termination; Sec. 1211.75, Effect of termination or 
amendment; Sec. 1211.76, Separability; and Sec. 1211.78, OMB control 
numbers.
    All other provisions including those dealing with establishment and 
membership of the Board, nomination procedures, powers, duties, 
policies, programs and projects, contracts, budgets, and assessments 
are terminated.

Order

    It is therefore ordered, That the terms and provisions of Subpart A 
of the Plan requiring pecan growers, grower-shellers, and importers to 
pay an assessment used to finance the national program for pecan 
promotion, research, and industry and consumer information, (7 CFR part 
1211) except Secs. 1211.1 through 1211.29, 1211.52, 1211.53, 1211.55, 
1211.60, 1211.61, 1211.62, 1211.70, 1211.71, 1211.73, 1211.74, 1211.75, 
1211.76, and 1211.78, which include definitions, reporting and 
remittance requirements necessary to enforce the collection of 
assessments which came due prior to this action, refunding, and the 
procedures necessary to carry out the orderly termination of activities 
under the Plan, are hereby terminated effective on March 15, 1994.

List of Subjects in 7 CFR Part 1211

    Administrative practice and procedure, Advertising, Agricultural 
research, Imports, Marketing agreements, Pecans, Promotion, Reporting 
and recordkeeping requirements.

PART 1211--PECAN PROMOTION AND RESEARCH PLAN

    1. The authority citation for 7 CFR part 1211 is revised to read as 
follows:

    Authority: 7 U.S.C. 6001 et seq.

Subpart A--Pecan Promotion and Research Plan

Subpart A to Part 1211--[Amended]

    2. In part 1211, Subpart A, the undersignated centerheading 
preceeding Sec. 1211.30, Secs. 1211.30 through 1211.39, the 
undersignated centerheading preceeding Sec. 1211.40, Secs. 1211.40 
through 1211.42, 1211.51, 1211.54, 1211.56, 1211.72, and 1211.77 are 
removed.

    Dated: March 10, 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-5986 Filed 3-14-94; 8:45 am]
BILLING CODE 3410-02-P