[Federal Register Volume 60, Number 235 (Thursday, December 7, 1995)]
[Rules and Regulations]
[Pages 62974-62975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29792]
[[Page 62973]]
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Part IV
Department of Agriculture
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Agricultural Marketing Service
Office of Transportation
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7 CFR Parts 29, 60, 81, et al.
Removal of Selected Regulations; Final Rule
Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 /
Rules and Regulations
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 29, 60, 81, 99, 100, 101, and 202
Office of Transportation
7 CFR Part 3305
[Docket Number TB-95-17]
Removal of Selected Regulations
AGENCY: Agricultural Marketing Service and Office of Transportation,
USDA.
ACTION: Final rule.
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SUMMARY: This rule will remove several miscellaneous regulations
covering a number of agricultural commodities and services (cotton,
tobacco, fresh and processed fruits and vegetables, meats and meat
products, eggs, and poultry products). They represent an accumulation
of regulations which were originally enacted to administer specific
programs and which, upon review, have either been found to be obsolete,
no longer are administered by the Agricultural Marketing Service (AMS),
or duplicate existing regulations. This action will eliminate recurring
Code of Federal Regulations (CFR) printing costs.
EFFECTIVE DATE: December 7, 1995.
FOR FURTHER INFORMATION CONTACT: Larry L. Crabtree 202-205-0235.
SUPPLEMENTARY INFORMATION: 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.
The Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. It is not intended to have preemptive effect. This rule
will not preempt any State or local laws, regulation, or policies,
unless they present an irreconcilable conflict with this rule. There
are no administrative procedures which must be exhausted prior to any
judicial challenge to this rule or the application of its provisions.
Regulatory Impact Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601 et seq.), the Administrator of the 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 disproportionally burdened.
Since this action is administrative in nature, the Administrator of
AMS determined that this action will have no significant economic
impact on small entities because the changes remove obsolete and
duplicative material.
Paperwork Reduction Act
In accordance with the provisions of the Paperwork Reduction Act of
1980 (44 U.S.C. Chapter 35), the information collection requirements
contained in the provisions to be amended have been previously approved
by the Office of Management and Budget.
No additional recordkeeping requirements are imposed as a result of
this rule.
Background
The Secretary of Agriculture is authorized under various statutes
to develop and establish efficient marketing methods and practices of
agricultural commodities. This has usually been accomplished by
promulgating and codifying regulations in the CFR.
Rapid changes in consumer preferences, together with associated
changes in commodity characteristics, processing technology, and
marketing practices have out paced the revision of regulations. As a
result, industry and the marketplace have been in some instances
burdened with outdated and unnecessary regulatory language. The
President's regulatory review initiative has provided an impetus to
develop new approaches to meet more effectively the needs of U.S.
industry, government agencies, and consumers and still reduce the
regulatory burden. To meet this initiative, any regulations currently
listed in the CFR which could be maintained and administered under the
authorities of the AMS are being removed from the CFR and incorporated
into AMS directives. Additionally, any regulations which are deemed
outdated and which should be abolished, will be removed and considered
obsolete once removed from the CFR. This rule eliminates selected
regulations which encompass approximately 24 pages of the CFR.
The regulations at 7 CFR part 60 and 7 CFR 29.131 describe
procedures for subscribing to printed Market News Reports. These
sections are being eliminated because sufficient authority already
exists in current statues and information for obtaining such
publications by mail is readily available through a variety of public
sources.
The regulations at 7 CFR part 81 Section 32 Diversion Programs
describe procedures to administer the Fresh Apples Diversion Program
for 1988 crop apples. This part is being eliminated because the program
is no longer in existence.
The regulations at part 99, Statistical Science Program; part 100,
National Laboratory Accreditation Program; concerning laboratory
services, statistical science support, and Part 101, Pesticide Data
Program will be removed because they are either reserved or contain
only informational text.
The regulations at 7 CFR part 202, subpart B, Rules applicable to
Cease and Desist Proceedings; relate to rules of practice for
administering the Federal Seed Act (FSA). This part is being eliminated
because 7 CFR 1.130, Rules of Practice Governing Formal Adjudicatory
Procedures, is now used in enforcing the FSA.
The regulations at 7 CFR part 3305 describe the organization and
functions of the Office of Transportation and the methods by which the
public may obtain information about the Office. This part is being
eliminated because the Office of Transportation was abolished January
1, 1991.
Pursuant to the provisions in 5 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 procedures 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 for the
following reasons: (1) The sections being removed are either
duplicative unnecessary or obsolete, (2) removal will not alter any
aspect of an existing program; and (3) no useful purpose would be
served by a delay of the effective date.
List of Subjects
7 CFR Part 29
Administrative practice and procedure, Advisory committees,
Government publications, Imports, Pesticides and pests, Reporting and
recordkeeping requirements, Tobacco.
7 CFR Part 60
Government publications, Market news reports, Subscription fees.
7 CFR Part 81
Animal feeds, Apples, Grant programs--agriculture, Reporting and
recordkeeping requirements, Surplus agricultural commodities.
7 CFR Part 99
Agricultural commodities, Statistics.
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7 CFR Part 100
Agricultural commodities, Statistics
7 CFR Part 101
Agricultural commodities, Laboratories.
7 CFR Part 202
Administrative practice and procedure, Advertising, Agricultural
commodities, Imports, Labeling, Seeds, Vegetables.
7 CFR Part 3305
Freedom of information, Organization and functions.
PART 29--TOBACCO INSPECTION
Subpart B--Regulations
1. The authority citation for 7 CFR part 29, subpart B continues to
read as follows:
Authority: 7 U.S.C. 511m and 511r.
Sec. 29.13 [Removed and reserved]
2. In part 29, subpart B, Sec. 29.131 is removed and reserved.
PARTS 60, 81, 99, 100, 101, and--[REMOVED AND RESERVED]
PART 202--[AMENDED]
Sec. 202.10--202.29 (Subpart B) [Removed and reserved]
1. Accordingly, under the authority of 7 U.S.C. 1621-1627, 2242a
and 4403, 7 CFR Parts 60, 81, 99, 100, 101, 202 (subpart B), are
removed and reserved.
PART 3305--[REMOVED AND RESERVED]
1. For the reasons set forth in the preamble and under the
authority of 5 U.S.C. 552, part 3305 is removed and reserved.
Dated: December 1, 1995
Lon Hatamiya,
Administrator.
[FR Doc. 95-29792 Filed 12-06-95; 8:45 am]
BILLING CODE 3410-02-P