[Federal Register Volume 60, Number 228 (Tuesday, November 28, 1995)]
[Rules and Regulations]
[Pages 58500-58501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28924]
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[[Page 58501]]
DEPARTMENT OF AGRICULTURE
7 CFR Part 1230
[No. LS-95-013]
Technical Amendments to the Pork Promotion, Research, and
Consumer Information Order and Rules and Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule and Termination Order.
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SUMMARY: A review of the Pork Promotion, Research, and Consumer
Information Order (Order) and rules and regulations implementing the
pork promotion and research program identified a number of changes to
eliminate sections which are duplicative or obsolete and will avoid
current and future conflict. The revisions eliminate certain sections
dealing with membership on the National Pork Producers Delegate Body
(Delegate Body), obtaining refunds, and other miscellaneous provisions.
EFFECTIVE DATE: December 28, 1995.
FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief, Marketing
Programs Branch, Room 2606-S, Livestock and Seed Division, AMS, USDA,
PO Box 96456, Washington, DC 20090-6456; telephone 202/720-1115.
SUPPLEMENTARY INFORMATION: This rule amends the Order and Rules and
Regulations (7 CFR part 1230). The Order and regulations are effective
under the Pork Promotion, Research, and Consumer Information Act (Act).
This regulatory action is being taken as part of the National
Performance Review program to eliminate unnecessary regulations and
improve those that remain in force.
Executive Orders 12866 and 12778 and the Regulatory Flexibility Act
This rule has been determined to be not significant for purposes of
Executive Order 12866 and therefore has not been reviewed by the Office
of Management and Budget (OMB).
This rule was reviewed under Executive Order 12778, Civil Justice
Reform. It is not intended to have a retroactive effect. This rule
would not preempt any State or local laws, regulations, or policies
unless they present an irreconcilable conflict with this rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under Sec. 1625 of the Act, a
person subject to the Order may file a petition with the Secretary
stating that the Order, any provision of the Order, or any obligation
imposed in connection with the Order, is not in accordance with law and
requesting a modification of the Order or an exemption from the Order.
The petitioner is afforded the opportunity for a hearing on the
petition. After a hearing, the Secretary would rule on the petition.
The Act provides that the district courts of the United States in any
district in which such person is an inhabitant, or has his principal
place of business, has jurisdiction to review the Secretary's ruling on
the petition, if a complaint for that purpose is filed within 20 days
after the date of the entry of the ruling.
Effect on Small Entities
The Administrator of the Agricultural Marketing Service (AMS) has
determined that this rule will not have a significant economic impact
on a substantial number of small entities as defined by the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.), because the changes are
primarily to remove obsolete and duplicate material.
Paperwork Reduction
Information collection requirements and recordkeeping provisions
contained in 7 CFR part 1230 have been previously approved by OMB and
assigned OMB Control No. 0581-0093 under the Paperwork Reduction Act of
1980.
No additional recordkeeping requirements are imposed as a result of
this rule.
Background and Proposed Changes
A review of the Order and regulations was conducted in response to
the President's Regulatory Review Initiative of March 4, 1995. As a
result, a number of paragraphs were identified that could be removed
without adverse impact to the program. The amendments eliminate
sections which are duplicative or obsolete.
Sections which are obsolete or are duplicated in other sections
involve initial membership on the Delegate Body and the Board
(Sec. 1230.30; Sec. 1230.31; and Secs. 1230.501-.512).
Other sections (Sec. 1230.72 and Sec. 1230.77) originally
implemented a statutory provision allowing producers to request refunds
prior to the referendum. These sections became obsolete after a May
1988 referendum in which producers voted in favor of mandatory
assessments.
After consideration of all relevant material with regard to the
termination of the provisions hereinafter set forth, it is found that
these provisions no longer tend to effectuate the declared policy of
the Act.
Pursuant to 7 U.S.C. 553, it is also found and determined that upon
good cause, it is impracticable, unnecessary, and contrary to the
public interest to give preliminary notice or engage in further public
procedure prior to implementing this action because the sections being
removed are either duplicative or obsolete and removal will not alter
any aspect of the program.
List of Subjects in 7 CFR Part 1230
Advertising, Agricultural research, Marketing agreement, Meat and
meat products, Pork and pork products, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 1230 is
amended as follows:
PART 1230--[AMENDED]
1. The authority citation for 7 CFR Part 1230 continues to read as
follows:
Authority: 7 U.S.C. 4801-4819.
Sec. 1230.30 [Amended]
2. In Sec. 1230.30, paragraphs (b)(2) and (c)(2) are removed and
reserved and in paragraphs (b)(3) and (c)(3) the word ``thereafter'' is
removed.
Sec. 1230.31 [Amended]
3. In Sec. 1230.31, paragraph (a) is removed and reserved and the
first three words ``for each subsequent'' and the comma ``,'' after
Body of paragraph (b) are removed.
Sec. 1230.72 [Amended]
4. In Sec. 1230.72, paragraph (a) in the second sentence the words
``less the amount of refunds paid to producers in that State'' are
removed and in paragraph (b) in the first sentence the words ``and to
which no refund was received'' are removed.
Sec. 1230.77 [Removed and reserved]
5. Section 1230.77 is removed and reserved.
Secs. 1230.501-1230.512 [Removed and Reserved]
6. Sections 1230.501 through 1230.512 are removed and reserved.
Dated: November 20, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-28924 Filed 11-27-95; 8:45 am]
BILLING CODE 3410-02-P