[Federal Register Volume 61, Number 43 (Monday, March 4, 1996)]
[Rules and Regulations]
[Page 8224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4841]



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DEPARTMENT OF COMMERCE
50 CFR Part 290

[Docket No. 960221042-6042-01; I.D. 122195B]
RIN 0648-A159


Fishery Marketing Cooperatives; Issuance of Cease and Desist 
Orders; Removal of Regulation

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS amends the Code of Federal Regulations (CFR) to remove a 
regulation that is no longer needed concerning the issuance of cease 
and desist orders to associations of aquatic products. This action is 
consistent with the President's Regulatory Reform Initiative.

EFFECTIVE DATE: March 4, 1996.

FOR FURTHER INFORMATION CONTACT: Bruce C. Morehead, (301)713-2358.

SUPPLEMENTARY INFORMATION: On March 4, 1995, as part of the President's 
Regulatory Reform Initiative, the President directed agencies to 
conduct a page-by-page review of all regulations and eliminate or 
revise those that are outdated or otherwise in need of reform. After 
conducting a review of 50 CFR part 290, it was determined that it was 
no longer needed and could be removed.
    Part 290 of title 50 CFR provides a remedy under the authority of 
The Act of June 25, 1934 (48 Stat. 1213) (Act), whereby an association 
of producers of aquatic products (association) authorized by the Act 
may be ordered by the Secretary of Commerce (Secretary) to cease and 
desist from monopolizing or restraining trade to such an extent the 
price of any aquatic product is unduly enhanced. The regulation 
provides for a proceeding initiated by the filing of a complaint 
against an association with the Secretary. Since the establishment of 
NOAA 25 years ago under Reorganization Plan No. 4 of 1970 (84 Stat. 
2090), no such complaints have been filed and NMFS is unaware of any 
such complaints that may be filed. Therefore, 50 CFR part 290 is no 
longer needed and is being removed.

Classification

    Because this rule merely removes a regulation that is no longer 
necessary, no useful purpose would be served by providing prior notice 
and opportunity for public comment. Accordingly, under 5 
U.S.C.553(b)(3)(B), for good cause, the Assistant Administrator for 
Fisheries, NOAA (AA) finds that it is unnecessary to provide prior 
notice and an opportunity for public comment for this rule. Also, 
because this rule merely removes a regulation that is no longer needed, 
the AA finds that no useful purpose would be served by delaying the 
rule's effective date for 30 days. Therefore, this rule is made 
effective upon publication.
    This final rule has been determined to be not significant for the 
purpose of E.O. 12866.

List of Subjects in 50 CFR Part 290

    Administrative practice and procedure, Antitrust, Cooperatives, 
Fisheries

    Dated: February 26, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, under the authority of 70 
Stat. 1121, as amended; 16 U.S.C. 742 (c), as amended; and 
Reorganization No. 4 of 1970, 50 CFR part 290 is removed and Subchapter 
J is vacated.
[FR Doc. 96-4841 Filed 3-1-96; 8:45 am]
BILLING CODE 3510-22-F