[Federal Register Volume 60, Number 229 (Wednesday, November 29, 1995)]
[Rules and Regulations]
[Pages 61196-61198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29117]



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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

7 CFR Parts 1150, 1205, 1207, 1209, 1210, 1211, 1220, 1230, 1250, 
1260, and 1270

[PY-95-004]


Procedure for the Conduct of Referenda in Various Research and 
Promotion Programs

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This rule will remove individual subparts from the Code of 
Federal Regulations (CFR) covering procedures for the conduct of 
referenda in research and promotion programs administered by the 
Agricultural Marketing Service. This action will eliminate recurring 
CFR printing costs to the programs.

EFFECTIVE DATE: November 29, 1995.

FOR FURTHER INFORMATION CONTACT: Angie Clonts, Standardization Branch, 
Poultry Division, AMS, USDA, P.O. Box 96456, Room 3944-S, Washington, 
DC 20090-6456; telephone (202) 720-3506.

SUPPLEMENTARY INFORMATION: This action is authorized under the Dairy 
Production Stabilization Act of 1983 (7 U.S.C. 4501-4513); the Cotton 
Research and Promotion Act (7 U.S.C. 2101-

[[Page 61197]]
2118); the Potato Research and Promotion Act, as amended (7 U.S.C. 
2611-2627); the Mushroom Promotion, Research, and Consumer Information 
Act of 1990 (7 U.S.C. 6101-6112); the Watermelon Research and Promotion 
Act, as amended (7 U.S.C. 4901-4916); the Pecan Promotion and Research 
Act of 1990 (7 U.S.C. 6001-6013); the Soybean Promotion, Research, and 
Consumer Information Act (7 U.S.C. 6301-6311); the Pork Promotion, 
Research, and Consumer Information Act (7 U.S.C. 4801-4819); the Egg 
Research and Consumer Information Act, as amended (7 U.S.C. 2701-2718) 
the Beef Promotion and Research Act of 1985 (7 U.S.C. 2901-2911); and 
the National Wool Act of 1954 (7 U.S.C. 1781-1787).
    This rule has been determined to be not significant for purposes of 
Executive Order 12866 and therefore has not been reviewed by OMB.
    This rule 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 
rule.
    The acts named above except for the Beef Promotion and Research Act 
of 1985 (7 U.S.C. 2901-2911) and the National Wool Act of 11954 (7 
U.S.C. 1781-1787) provide that administrative proceedings must be 
exhausted before parties may file suit in court. A person subject to a 
research and promotion order or plan (hereinafter referred to as order) 
may file a petition with the Secretary of Agriculture (Secretary) 
stating that the order or 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 the hearing the Secretary will make a ruling on the 
petition. The acts provide that the district courts of the United 
States in any district in which a person who is a petitioner resides or 
carries on business are vested with 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.
    The acts under which this rule is authorized provide for the 
conduct of referenda by the Department so that members of the 
applicable industry designated to pay assessments to fund activities of 
the various research and promotion programs may either approve or 
disapprove initiation and/or continuation of a program or certain 
amendments to a research and promotion order or plan. The Department is 
solely responsible for developing procedures for referenda, thus 
ensuring the integrity of the process.

Regulatory Impact Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Administrator of the Agricultural Marketing Service 
(AMS) has considered the economic impact of this rule on small 
entities.
    The purpose of the RFA is to fit regulatory actions to the scale of 
business subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened.
    Since this action is administrative in nature, the Administrator of 
AMS has determined that this rule will have no economic impact on small 
entities.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
Chapter 35), the information collection requirements contained in the 
orders and regulations covered by the acts have previously been 
approved by OMB. This action will not impact any of the information 
collection requirements.

Background

    In response to the President's Regulatory Review Initiative of 
March 4, 1995, AMS conducted an indepth review of its regulations. A 
report on this initiative was submitted to the Office of Budget, 
Policy, and Analysis on May 3, 1995. As part of the report, AMS 
identified procedures for the conduct of referenda for certain research 
and promotion programs which could be removed from the Code of Federal 
Regulations, one of which, the Floral Research and Consumer Information 
Order, (7 CFR part 1290) was removed July 20, 1995 (60 FR 37327). Also, 
Subpart-Procedures for Conduct of Referenda in Connection with a Fluid 
Milk Promotion Program (1160.600-609), and Subpart-Procedure for the 
Conduct of Referenda in connection with the Honey Research, Promotion, 
and Consumer Information Order (1240.200-207) will be retained pending 
scheduling of continuance referenda in early 1996. Each of the programs 
has published procedures, totaling 53 CFR pages, which delineate the 
administrative processes used by AMS for conducting referenda. The 
provisions generally vary only by identification of the commodity, 
eligible voter, and organization to conduct the referenda. Since 
referenda are conducted infrequently prior to or following initiation 
of a program, it is not cost-effective to incur annual printing costs 
for the pages currently in the CFR. Instead, the rules will be 
published in the Federal Register in sufficient time to conduct a 
referendum. The rules will not, however, be codified in the CFR.
    Pursuant to the provisions in U.S.C. 553, it is found and 
determined upon good cause that it is impracticable, unnecessary, and 
contrary to the public interest to give preliminary notice or to engage 
in further public procedure prior to putting this rule into effect and 
that good cause exists for not postponing the effective date of this 
action until 30 days after publication in the Federal Register because: 
(1) No changes in the procedures are proposed; (2) removal of the 
procedures is a technical action; and (3) rules will be published in 
the Federal Register in sufficient time to conduct a referendum.

List of Subjects

7 CFR Part 1150

    Dairy products, reporting and recordkeeping requirements, Research.

7 CFR Part 1205

    Advertising, Agricultural research, Cotton, Reporting and 
recordkeeping requirements.

7 CFR Part 1207

    Advertising, Agricultural research, Potatoes, Reporting and 
recordkeeping requirements.

7 CFR Part 1209

    Advertising, Agricultural research, Marketing agreements, 
Mushrooms, Reporting and recordkeeping requirements.

7 CFR Part 1210

    Administrative practice and procedure, Advertising, Agricultural 
research, Reporting and recordkeeping requirements, Watermelons.

7 CFR Part 1211

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

7 CFR Part 1220

    Agricultural research, Reporting and recordkeeping requirements, 
Soybeans.

7 CFR Part 1230

    Administrative practice and procedure, Advertising, Agricultural 
research, Meat and meat products, Reporting and recordkeeping 
requirements. 

[[Page 61198]]


7 CFR Part 1250

    Administrative practice and procedure, Advertising, Agricultural 
research, Eggs and egg products, Reporting and recordkeeping 
requirements.

7 CFR Part 1260

    Administrative practice and procedure, Advertising, Agricultural 
research, Beef and beef products, Imports, Marketing agreements, Meat 
and meat products, Reporting and recordkeeping requirements.

7 CFR Part 1270

    Administrative practice and procedures, Advertising, Agricultural 
research, Mohair, Wool.
    For the reasons set forth in the preamble, 7 CFR parts 1150, 1205, 
1207, 1209, 1210, 1211, 1220, 1230, 1250, 1260, and 1270 are amended to 
read as follows:

PART 1150--DAIRY PROMOTION PROGRAM

    1. The authority citation for part 1150 is revised to read as 
follows:

    Authority: 7 U.S.C. 4501-4513.


Secs. 1150.200-1150.212 (Subpart)  [Removed]

    2. In part 1150, Subpart-Procedure for Conduct of Referenda in 
Connection with the Dairy Promotion and Research Order, Secs. 1150.200 
through 1150.212 and the subpart heading are removed.

PART 1205--COTTON RESEARCH AND PROMOTION

    3. The authority citation for Part 1205 is revised to read as 
follows:

    Authority: 7 U.S.C. 2101-2118.


Secs. 1205.200-1205.210 (Subpart)  [Removed]

    4. In part 1205, Subpart-Procedure for the Conduct of Referenda in 
Connection With Cotton Research and Promotion Orders, Secs. 1205.200 
through 1205.210 and the subpart heading are removed.

PART 1207--POTATO RESEARCH AND PROMOTION PLAN

    5. The authority citation for part 1207 is revised to read as 
follows:

    Authority: 7 U.S.C. 2611-2627.


Secs. 1207.200-1207.207 (Subpart)  [Removed]

    6. In part 1207, Subpart--Procedure for the Conduct of Referenda in 
Connection With Potato Research and Promotion Plan, Secs. 1207.200 
through 1207.207 and the subpart heading are removed.

PART 1209--MUSHROOM PROMOTION, RESEARCH, AND CONSUMER INFORMATION 
ORDER

    7. The authority citation for part 1209 is revised to read as 
follows:

    Authority: 7 U.S.C. 6101-6112.


Secs. 1209.300--1209.307 (Subpart C)  [Removed]

    8. In part 1209, Subpart C--Procedure for the Conduct of Referenda 
in Connection With the Mushroom Promotion, Research, and Consumer 
Information Order, Secs. 1209.300 through 1209.307 and the subpart 
heading are removed.

PART 1210--WATERMELON RESEARCH AND PROMOTION PLAN

    9. The authority citation for part 1210 continues to read as 
follows:

    Authority: 7 U.S.C. 4901-4916.


Secs. 1210.200-1210.207 (Subpart)  [Removed]

    10. In part 1210, Subpart--Procedure for the Conduct of Referenda 
in Connection With the Watermelon Research and Promotion Plan, 
Secs. 1210.200 through 1210.207 and the subpart heading are removed.

PART 1211--PECAN PROMOTION AND RESEARCH PLAN

    11. The authority citation for part 1211 is revised to read as 
follows:

    Authority: 7 U.S.C. 6001-6013.


Secs. 1211.300-1211.310 (Subpart D)  [Removed]

    12. In part 1211, Subpart D--Procedure for the Conduct of Referenda 
in Connection With the Pecan Promotion and Research Plan, 
Secs. 1211.300 through 1211.310 and the subpart heading are removed.

PART 1220--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

    13. The authority citation for part 1220 continues to read as 
follows:

    Authority: 7 U.S.C. 6301-6311.


Secs. 1220.501-1220.537 (Subpart E)  [Removed]

    14. In part 1220, Subpart E--Procedure for the Conduct of Referenda 
Secs. 1220.501 through 1220.537 and the subpart heading are removed.

PART 1230--PORK PROMOTION, RESEARCH, AND CONSUMER INFORMATION

    15. The authority citation for part 1230 continues to read as 
follows:

    Authority: 7 U.S.C. 4801-4819.


Secs. 1230.601-1230.640 (Subpart E)  [Removed]

    16. In part 1230, Subpart E--Procedure for the Conduct of 
Referendum, Secs. 1230.601 through 1230.640 and their undesignated 
centerheadings and the subpart heading are removed.

PART 1250--EGG RESEARCH AND PROMOTION

    17. The authority citation for part 1250 continues to read as 
follows:

    Authority: 7 U.S.C. 2701-2718.


Secs. 1250.200-1250.207 (Subpart)  [Removed]

    18. In part 1250, Subpart--Procedure for the Conduct of Referenda 
in Connection With Egg Research and Promotion Order, Secs. 1250.200 
through 1250.207 and the subpart heading are removed.

PART 1260--BEEF PROMOTION AND RESEARCH

    19. The authority citation for part 1260 is revised to read as 
follows:

    Authority: 7 U.S.C. 2901-2911.


Secs. 1260.401-1260.441 (Subpart C)  [Removed]

    20. In part 1260, Subpart C--Procedure for the Conduct of 
Referendum, Secs. 1260.401 through 1260.441 and their undesignated 
centerheadings and the subpart heading are removed.

PART 1270--WOOL AND MOHAIR ADVERTISING AND PROMOTION

    21. The authority citation for part 1270 is revised to read as 
follows:

    Authority: 7 U.S.C. 1781-1787.


Secs. 1270.1-1270.18  [Removed]

    22. In part 1270, Subpart--Procedure for the Conduct of 
Referendums, Secs. 1270.1 through 1270.18 and the subpart heading are 
removed.

    Dated: November 20, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-29117 Filed 11-28-95; 8:45 am]
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