[Federal Register Volume 61, Number 41 (Thursday, February 29, 1996)]
[Rules and Regulations]
[Pages 7687-7688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4587]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 41 /  Thursday, February 29, 1996 / 
Rules and Regulations  

[[Page 7687]]


DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

7 CFR Part 868


Removal of U.S. Grade Standards

AGENCY: Grain Inspection, Packers and Stockyards Administration.

ACTION: Interim final rule with request for comments.

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SUMMARY: This rule will remove the voluntary U.S. grade standards for 
Beans, Whole Dry Peas, Split Peas, and Lentils from the Code of Federal 
Regulations (CFR). These are an accumulation of regulations which have 
been developed for more than 75 years to facilitate the marketing of 
agricultural commodities by providing a uniform language which may be 
used to describe the quality of various agricultural commodities as 
valued in the marketplace. The voluntary standards and all subsequent 
revisions or new standards will be made available in a separate 
publication. 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.
    In carrying out this responsibility, the Administrator of the Grain 
Inspection, Packers and Stockyards Administration (GIPSA), will ensure 
that proposed, new or revised voluntary standards will appear in the 
``Notices'' section of the Federal Register and that the public will 
have an opportunity to comment.

EFFECTIVE DATE: February 29, 1996. Comments must be received by April 
29, 1996.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this interim final rule. Written comments may mailed or 
faxed to George Wollam, Regulatory Liaison, USDA, GIPSA, Room 0623-S, 
P.O. Box 96454, Washington, DC 20090-6454; FAX (202) 720-4628. Comments 
may also be sent by electronic mail or Internet to: 
[email protected].
    All comments received will be available for public inspection 
during regular business hours in Room 0623-South Building, 1400 
Independence Avenue, S.W., Washington, D.C. (7 CFR 1.27(b)).

FOR FURTHER INFORMATION CONTACT: George Wollam (202) 720-0292.

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.

Executive Order 12866

    The Department of Agriculture (Department) is issuing this rule in 
conformance with Executive Order 12866.

Executive Order 12778

    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule is not intended to have preemptive effect 
with respect to any State or local laws, regulations, or policies 
unless they present an irreconcilable conflict with this rule. This 
rule is not intended to have retroactive effect. There are no 
administrative procedures which must be exhausted prior to any judicial 
challenge to this rule or the application of its provisions.

Effect on Small Entities

    This action was reviewed under the Regulatory Flexibility Act (RFA) 
(5 U.S.C 601 et seq.). The Administrator of (GIPSA) has determined that 
this action will not have a significant economic impact on a 
substantial number of small entities. Although this action will remove 
provisions from the CFR, small entities should see no changes as the 
standards will be administered under the direction of the Administrator 
to ensure public input to their formulation and convenient availability 
to those who want copies of the standards.

Paperwork Reduction Act

    In accordance with the provisions of the Paperwork Reduction Act, 
the information collection requirements contained in the provisions to 
be amended have been previously approved by the Office of Management 
and Budget under control number 0580-0013.

Background

    The Grain Inspection, Packers and Stockyards Administration is 
delegated by the Secretary of Agriculture, under the Agricultural 
Marketing Act of 1946 (AMA), to provide programs for Federal grading/
certification services and to develop and establish efficient marketing 
methods and practices for designated agricultural commodities. For many 
years these agricultural programs have facilitated the marketing of 
agricultural commodities by developing official U.S. grade standards 
which provide uniform language that may be used to describe the 
characteristics of more than 19 commodities as valued by the market 
place. The AMA standards are widely used in private contracts, 
government procurement, marketing communication and, for some 
commodities, consumer information. The standards through the years have 
been promulgated as regulations and codified 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 or issuance of 
regulations. As a result, industry and the marketplace could be 
burdened with outdated trading language. The President's regulatory 
review initiative has provided the impetus to develop new approaches 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, regulations that are currently in the CFR 
which could be administered under the authority of GIPSA are being 
removed from the CFR. With respect to the official grade standards 
except those used to implement government price support. Therefore, the 
grade standards for Rice (7 CFR Secs. 868.201-316) will continue to 
appear in the CFR, although the text will also be available from GIPSA, 
along with other grade standards.
    This rule eliminates selected regulations which encompass 
approximately 22 pages of the CFR covering: Standards for Beans, Whole 
Dry Peas, Split Peas, and Lentils. 

[[Page 7688]]

    The following is an outline of those standards being removed from 
the CFR.

------------------------------------------------------------------------
  CFR section        Title of standards being  removed from the CFR     
------------------------------------------------------------------------
868.101-142...  Subpart B--United States Standards for Beans.           
868.401-410...  Subpart F--United States Standards for Whole Dry Peas.  
868.501-510...  Subpart G--United States Standards for Split Peas.      
868.601-611...  Subpart H--United States Standards for Lentils.         
------------------------------------------------------------------------

    To ensure that these standards will be developed, issued, and 
revised in accordance with procedures that continue to ensure a fair 
and open process, all new and proposed revisions to standards being 
removed from the CFR's will be published in the Federal Register as 
``Notice'' with adequate time for public comment. A final version of 
the standard will also be published in the Federal Register.
    In developing or revising existing grade standards, the 
Administrator must first determine that a new or revised standard is 
needed to facilitate trade in a particular commodity. Second, because 
use of the standards is voluntary, there must be demonstrated interest 
and support from the affected industry or other interested parties. And 
third, the standards must be practical to use.
    The initial requests for development or revision of a standard may 
come from the industry, trade or consumer groups, State departments of 
agriculture, the U.S. Department of Agriculture, or others. Once a 
request has been received, GIPSA will coordinate procedures to gather 
information needed to move forward with the new or revised standard. 
After this process is completed, a notice of proposed standards change 
will be published in the Federal Register to solicit comment from any 
interested parties (normally 30 to 60 days). After evaluating the 
comments received from interested parties, GIPSA will determine whether 
to proceed, develop a new proposal, or terminate the process. The 
public will be informed through a press release and notice in the 
Federal Register.
    In addition to publication in the Federal Register, GIPSA will 
distribute copies of each standard on request as a pamphlet or other 
means under the direction of the Administrator of GIPSA.
    Pursuant to 5 U.S.C. 553, it is also found and determined upon good 
cause that it is impracticable, unnecessary, and contrary to the public 
interest to give preliminary notice prior to putting this rule into 
effect and that good cause exists for not postponing the effective date 
of this rule until 30 days after publication in the Federal Register 
because: (1) The standards are voluntary; (2) no changes are being made 
to the standards by this docket, and (3) this is in-line with the 
President's regulatory review initiative.

List of Subjects in 7 CFR Part 868

    Administrative practice and procedures, Agricultural commodities, 
Beans, Whole Dry Peas, Split Peas, and Lentils.

    For the reasons set forth in the preamble, 7 CFR Part 868 is 
amended as follows:

PART 868--GENERAL REGULATIONS AND STANDARDS FOR CERTAIN 
AGRICULTURAL COMMODITIES

    1. The authority citation for Part 868 continues to read as 
follows:

    Authority: Secs. 202-208, 60 Stat. 1087, as amended (7 U.S.C. 
1621 et seq.).

Subpart B (Secs. 868.101-868.142)--[Removed and Reserved]

    2. In part 868, Subpart B (Secs. 868.101 through 868.142) is 
removed and reserved.

Subpart F (Secs. 868.401-868.410)--[Removed]

    3. In part 868, Subpart F (Secs. 868.401 through 868.410) is 
removed.

Subpart G (Secs. 868.501-868.510)--[Removed]

    4. In part 868, Subpart G (Secs. 868.501 through 868.510) is 
removed.

Subpart H (Secs. 868.601-868.611)--[Removed]

    5. In part 868, Subpart H (Secs. 868.601 through 868.611) is 
removed.
David R. Shipman,
Acting Administrator.
[FR Doc. 96-4587 Filed 2-28-96; 8:45 am]
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