[Federal Register Volume 62, Number 30 (Thursday, February 13, 1997)]
[Rules and Regulations]
[Pages 6705-6707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3567]
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DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
7 CFR Part 868
Removal of U.S. Grade Standards; Procedures for Development and
Maintenance of Voluntary Grade Standards
AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.
ACTION: Final rule.
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SUMMARY: The Grain Inspection, Packers and Stockyards Administration
(GIPSA) is adopting as a final rule, without change, its interim final
rule removing the voluntary U.S. grade standards for Beans, Whole Dry
Peas, Split Peas, and Lentils from the Code of Federal Regulations
(CFR). The voluntary standards and all subsequent revisions or new
standards will be made available in a separate publication, and will
appear as notices in the Federal Register for the public to comment on.
This action is part of the National Performance Review program to
eliminate unnecessary regulations.
In addition, this rule specifies in the CFR the procedures, which
were set out in the February 29, 1996, interim rule, that GIPSA will
follow in developing, issuing, revising, suspending or terminating
voluntary U.S. grade standards for Beans, Whole Dry Peas, Split Peas,
and Lentils.
EFFECTIVE DATE: February 14, 1997.
FOR FURTHER INFORMATION CONTACT: Sharon Vassiliades, USDA, GIPSA, Room
0623-S, STOP 3649, 1400 Independence Avenue, S.W., Washington, D.C.
20250-3649; FAX (202) 720-4628.
SUPPLEMENTARY INFORMATION: In the February 29, 1996, Federal Register
(61 FR 7687), GIPSA published an Interim Final Rule with Request for
Comments announcing removal from the CFR of voluntary standards dealing
with the U.S. grade standards for Beans, Whole Dry Peas, Split Peas,
and Lentils which may be used to describe the quality of these
agricultural commodities as valued in the marketplace. No comments were
received in response to this Interim Final Rule. GIPSA also will ensure
that the public will have an opportunity to comment on any future
proposed, new, or revised voluntary standards by publishing such
standards in the ``Notices'' section of the Federal Register.
Executive Order 12866
The Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, 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.
Effects on Small Entities
GIPSA has determined that this final rule will not have a
significant economic impact on a substantial number of small entities
as defined under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Removal of the voluntary standards from the CFR will not adversely
affect interested persons. On the contrary, the U.S. pulse industry
(beans, peas, and lentils) is expected to benefit from this action
because it will provide for more timely improvements to the bean, pea,
and lentil standards. Furthermore, those persons who apply the
standards and most users of the inspection services do not meet the
requirements for small entities as defined in the Regulatory
Flexibility Act.
The primary user of pulse inspection services is the U.S.
government. It is estimated that between 80 and 90 percent of all
inspections are performed (directly or indirectly) at the request of
either the USDA's Farm Service Agency or Foreign Agricultural Service,
or the U.S. Agency for International Development. Approximately 20
percent of all inspections are performed at the request of major bean,
pea, and lentil shippers who would not be considered small entities, as
defined by the Small Business Administration (13 CFR 121.60); and about
3 percent of the service requests originate from other interested
parties, such as producers. But regardless of who requests the service,
the standards are applied equally to all entities. Use of the standards
for Beans, Whole Dry Peas, Split Peas, and Lentils is voluntary and
small entities may avoid incurring any economic impact by not employing
the standards. Although this action will remove standards for Beans,
Whole Dry Peas, Split Peas, and Lentils from the CFR, small entities
should see no changes as the standards will still be administered in a
manner to ensure public input to their formulation. Further, no costs
are expected to result from this action for handlers or producers and
benefits derived from this action may be passed on to consumers.
Further, this final rule includes in the CFR procedures to be used
by GIPSA in developing, issuing, revising, suspending, or terminating
voluntary U.S. grade standards. These procedures provide for public
input and participation and will not adversely affect small or large
entities.
Paperwork Reduction Act of 1995
In accordance with the provisions of the Paperwork Reduction Act,
the information collection requirements contained in Part 868 have been
previously approved by the Office of Management and Budget under
control number 0580-0013.
Background
GIPSA 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 such as Beans, Whole Dry Peas, Split Peas, and Lentils. 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 commodities as valued by the marketplace. The AMA
standards are widely used in private contracts, government procurement,
marketing communication and, for some commodities, consumer
information. Through the years, the standards 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
standards. As a result, industry and the marketplace could be burdened
with outdated trading language. The President's regulatory review
initiative provided an impetus to develop new approaches to more
effectively meet the needs of U.S.
[[Page 6706]]
industry, government agencies, and consumers and still reduce the
regulatory burden. To meet this initiative, the February 29, 1996,
interim final rule (61 FR 7687) removed from the CFR regulations with
respect to the official grade standards except those used to implement
government price support. The regulations removed cover Beans, Whole
Dry Peas, Split Peas, and Lentils. The grade standards for Rice will
continue to appear in the CFR.
Procedures for Maintenance of Voluntary U.S. Grade Standards
To ensure that future voluntary U.S. grade standards will be
developed, issued, and revised in a uniform manner that ensures a fair
and open process, GIPSA is placing in the CFR the procedures it will
follow in developing, issuing, revising, suspending or terminating
voluntary U.S. grade standards for Beans, Whole Dry Peas, Split Peas,
and Lentils.
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.
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 standards.
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 news release and notice in the
Federal Register.
In addition to publication in the Federal Register, upon request,
GIPSA will distribute copies of each standard as a pamphlet or other
means under the direction of the Administrator of GIPSA.
The above procedures, which were discussed and explained in the
interim final rule published in the Federal Register on February 29,
1996 (61 FR 7687), are set forth in a new Subpart B titled Marketing
Standards.
Good cause is found for not postponing the effective date of this
rule until 30 days after publication in the Federal Register (5 U.S.C.
553). This action makes final an interim final rule removing voluntary
U.S. grade standards. This action also specifies in the CFR the
procedures, as discussed in the interim rule, which GIPSA will follow
in developing, issuing, revising, suspending or terminating such
standards. No comments were received concerning the interim final rule.
No useful purpose would be served by delaying the effective date of
this final rule.
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, the interim rule
published on February 29, 1996 (61 FR 7687), is confirmed as a final
rule and 7 CFR Part 868 is amended by adding a new Subpart B titled
Marketing Standards.
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.)
2. A new Subpart B (Secs. 868.101 through 868.103) is added to read
as follows:
Subpart B--Marketing Standards
Sec.
868.101 General Information.
868.102 Procedures for establishing and revising grade standards.
868.103 Public notification of grade standards action.
Sec. 868.101 General information.
The Grain Inspection, Packers and Stockyards Administration (GIPSA)
of the U.S. Department of Agriculture (USDA) facilitates the fair and
efficient marketing of agricultural products by maintaining voluntary
grade standards for Beans, Whole Dry Peas, Split Peas, and Lentils,
which provide a uniform language for describing the quality of these
commodities in the marketplace. These standards may cover (but are not
limited to) terms, classes, quality levels, performance criteria, and
inspection requirements. Procedures contained in this part set forth
the process which GIPSA will follow in developing, issuing, revising,
suspending, or terminating the U.S. standards for Beans, Whole Dry
Peas, Split Peas, and Lentils. Communications about GIPSA standards in
general should be addressed to the Administrator, GIPSA, USDA, 1400
Independence Avenue, S.W., Washington, D.C. 20250-3601.
Sec. 868.102 Procedures for establishing and revising grade standards.
(a) GIPSA will develop, revise, suspend, or terminate grade
standards if it determines that such action is in the public interest.
GIPSA encourages interested parties to participate in the review,
development, and revision of grade standards. Interested parties
include growers, producers, processors, shippers, distributors,
consumers, trade associations, companies, and State or Federal
agencies. Such persons may at any time recommend that GIPSA develop,
revise, suspend, or terminate a grade standard. Requests for action
should be in writing, and should be accompanied by a draft of the
suggested change, as appropriate.
(b) GIPSA will:
(1) Determine the need for new or revised standards;
(2) Collect technical, marketing, or other appropriate data;
(3) Conduct research regarding new or revised standards, as
appropriate; and
(4) Draft the proposed standards.
(c) If GIPSA determines that new standards are needed, existing
standards need to be revised, or the suspension or termination of
existing standards is justified, GIPSA will undertake the action with
input from interested parties.
Sec. 868.103 Public notification of grade standards action.
(a) After developing a standardization proposal, GIPSA will publish
a notice in the Federal Register proposing new or revised standards or
suspending or terminating existing standards. The notice will provide a
sufficient comment period for interested parties to submit comments.
(b) GIPSA will simultaneously issue a news release about these
actions, notifying the affected industry and general public. GIPSA will
also distribute copies of proposals to anyone requesting a copy or to
anyone it believes may be interested, including other Federal, State,
or local government agencies.
(c) All comments received within the comment period will be made
part of the public record maintained by GIPSA, will be available to the
public for review, and will be considered by GIPSA before final action
is taken on the proposal.
(d) Based on the comments received, GIPSA's knowledge of standards,
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grading, marketing, and other technical factors, and any other relevant
information, GIPSA will decide whether the proposed actions should be
implemented.
(e) If GIPSA concludes that the changes as proposed or with
appropriate modifications should be adopted, GIPSA will publish the
final changes in the Federal Register as a final notice. GIPSA will
make the grade standards and related information available in printed
form and electronic media.
(f) If GIPSA determines that proposed changes are not warranted, or
otherwise are not in the public interest, GIPSA will either publish in
the Federal Register a notice withdrawing the proposal, or will revise
the proposal and again seek public input.
Dated: February 7, 1997.
David R. Shipman,
Acting Administrator.
[FR Doc. 97-3567 Filed 2-12-97; 8:45 am]
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