[Federal Register Volume 60, Number 179 (Friday, September 15, 1995)]
[Rules and Regulations]
[Pages 47861-47862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22948]



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[[Page 47862]]



DEPARTMENT OF AGRICULTURE
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 the Pecan Promotion and Research Plan 
(Plan) in its entirety. This action is necessary because the promotion 
and research program for pecans is no longer in operation, the assets 
of the Pecan Marketing Board have been liquidated, and a final audit of 
the Board's books has been conducted.

EFFECTIVE DATE: October 16, 1995.

FOR FURTHER INFORMATION: Richard H. Mathews, Research and Promotion 
Branch, Fruit and Vegetable Division, AMS, USDA, AG Code 0244, PO Box 
96456, Room 2535-S, Washington, DC 20090-6456, telephone (202) 720-
9915.

SUPPLEMENTARY INFORMATION: Prior documents in this proceeding: 
Referendum Order issued on July 28, 1993, and published on August 3, 
1993 (58 FR 41203); Termination Order issued on March 10, 1994, and 
published on March 15, 1994 (59 FR 11897).
    The Department of Agriculture (Department) is issuing this rule in 
conformance with Executive Order 12866.
    This termination order has been reviewed under Executive Order 
12778, Civil Justice Reform. It is not intended to have retroactive 
effect. This rule 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 utilized notice and comment 
rulemaking in developing and implementing the Plan (7 CFR 1211.1-
1211.78), which provides the framework for the program. The Plan became 
effective on May 1, 1992.
    Section 1916(a) of the Act required 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 on 
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 section 1211.73 
of the Plan, it was found and determined that termination of the Plan 
was favored by a majority of the growers, grower-shellers, and 
importers voting in the referendum and that the Plan should therefore 
be terminated. A termination order was issued on March 10, 1994, and 
published on March 15, 1994 (59 FR 11897) which terminated provisions 
dealing with establishment and membership of the Pecan Marketing Board 
(Board), nomination procedures, powers, duties, policies, programs and 
projects, contracts, budgets, and assessments.
    Certain administrative provisions of subpart A of the Plan, such as 
those relating to refunds, books and records, and the termination of 
the Plan, remained in effect to facilitate the orderly termination of 
activities under the Plan. Now, however, all refunds have been paid, 
all projects have been completed, the Board's assets have been 
liquidated, and there has been a final audit of the Board's books.
    Therefore, it is hereby found and determined that the remaining 
terms and provisions of 7 CFR part 1211, i.e., Subpart A--Pecan 
Promotion and Research Plan and Subpart D--Procedure for the Conduct of 
Referenda in Connection With the Pecan Promotion and Research Plan, do 
not tend to effectuate the declared policy of the Act. For that reason, 
this order will terminate 7 CFR part 1211 in its entirety.

Order

    It is, therefore, ordered, That 7 CFR part 1211 is hereby 
terminated effective on October 16, 1995.

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 [REMOVED]

    For the reasons set forth in the preamble, and under the authority 
of 7 U.S.C. 6001 et seq., 7 CFR Part 1211 is removed.

    Dated: September 11, 1995.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 95-22948 Filed 9-14-95; 8:45 am]
BILLING CODE 3410-02-P