[Federal Register Volume 60, Number 248 (Wednesday, December 27, 1995)]
[Rules and Regulations]
[Pages 66860-66861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31275]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 1250

[Docket No. PY-95-005]


Technical Amendments to Egg Research and Promotion Order and 
Rules and Regulations

AGENCY: Agricultural Marketing Service.

ACTION: Final Rule; Termination Order.

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SUMMARY: A review of the Order and rules and regulations implementing 
the egg research and promotion 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 Egg Board, obtaining refunds, and other 
miscellaneous provisions.

EFFECTIVE DATE: December 27, 1995.

FOR FURTHER INFORMATION CONTACT: Angela C. Clonts, Standardization 
Branch, Poultry Division, AMS, USDA, P.O. Box 96456, Room 3944-S, 
Washington, DC 20090-6456; telephone (202) 720-3506; fax (202) 720-
5631.

SUPPLEMENTARY INFORMATION: This rule amends the Egg Research and 
Promotion Order and Rules and Regulations [7 CFR part 1250], 
hereinafter referred to as the Order and regulations. The Order and 
regulations are effective under the Egg Research and Consumer 
Information Act, as amended, hereinafter referred to as the 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

    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 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 section 14 of the Act, a 
person subject to the Order may file a petition with the Secretary 
stating that the Order, any provisions of the order, or any obligations 
imposed in connection with the Order, are not in accordance with law 
and requesting a modification of the Order or an exemption therefrom. 
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 court 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 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 and establish 
definitions consistent with current industry terminology.

Paperwork Reduction

    Information collection requirements and recordkeeping provisions 
contained in 7 CFR Part 1250 have been previously approved by the 
Office of Management and Budget 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 provisions were identified that could be removed 
without adverse impact to the program. The amendments eliminate 
sections that contain provisions duplicated in other sections or are 
obsolete.

Membership Provisions

    Section 1250.328(d) was developed to establish the manner in which 
the initial Board would be nominated. Since June 1984, any changes in 
the 

[[Page 66861]]
geographic areas and number of members assigned to each area have been 
accomplished through informal rulemaking in Sec. 1250.510 of the 
regulations. Therefore, portions of Sec. 1250.328(d) are outdated and 
obsolete. Removing Sec. 1250.328(d) in the Order except for the last 
sentence avoids current and future conflicting information in companion 
rules should additional changes be required. Appropriate language of 
Sec. 1250.328(e) also is removed.

Miscellaneous Provisions

    Sections 1250.360 and 1250.552 are miscellaneous provisions which 
were included in the Order and rules and regulations when they were 
originally published.
    Section 1250.360 deals with board members' and alternates' personal 
liability and is similar to provisions found in Sec. 1250.547 of the 
rules and regulations. Therefore, Sec. 1250.360 is removed.
    Section 1250.552 establishes the right of the Secretary to review 
and approve substantive plans of the board; it duplicates Sec. 1250.361 
of the Order and is removed.

Refund Provisions

    Other sections [Secs. 1250.336 (g) and (h), 1250.350, and 1250.523] 
originally implemented a statutory provision allowing producers to 
request refunds of assessments paid to the Egg Board. In a July-August 
1990 referendum, producers voted in favor of mandatory assessments and 
eliminating the refund option. Therefore, the refund provisions are no 
longer applicable and should be removed from the Order and regulations.
    After consideration of all relevant material with regard to the 
termination of the order provisions as hereinafter set forth, it is 
found that the provisions no longer tend to effectuate the declared 
policy of the Act.
    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 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 for the 
following reasons: (1) The sections being removed are either 
duplicative or obsolete, and removal will not alter any aspect of the 
program; and (2) no useful purpose would be served by a delay of the 
effective date.

List of Subjects in 7 CFR Part 1250

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

    For the reasons set forth in the preamble, 7 CFR part 1250 is 
amended as follows:

PART 1250--[AMENDED]

    1. The authority citation of part 1250 continues to read as 
follows:

    Authority: Pub. L. 93-428, 88 Stat. 1171, as amended, 7 U.S.C. 
2701-2718.


Sec. 1250.328  [Amended]

    2. Sec. 1250.328, the first sentence of paragraph (d) is removed.


Sec. 1250.328  [Amended]

    3. In Sec. 1250.328(e), the words ``provided for in paragraph (d) 
of this section'' are removed.


Sec. 1250.336  [Amended]

    4. In Sec. 1250.336, paragraphs (g) and (h) are removed and 
reserved.


Sec. 1250.350  [Removed and Reserved]

    5. Section 1250.350 is removed and reserved.


Sec. 1250.360  [Removed and Reserved]

    6. Section 1250.360 is removed and reserved.


Sec. 1250.523  [Removed]

    7. Section 1250.523 and the undesignated center heading preceding 
it are removed.


Sec. 1250.552  [Removed]

    8. Section 1250.552 and the undesignated center heading preceding 
it are removed.

    Dated: December 18, 1995
Shirley R. Watkins,
Acting Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 95-31275 Filed 12-26-95; 8:45 am]
BILLING CODE 3410-02-P