[Federal Register Volume 63, Number 42 (Wednesday, March 4, 1998)]
[Rules and Regulations]
[Pages 10491-10493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5545]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 63, No. 42 / Wednesday, March 4, 1998 / Rules 
and Regulations  

[[Page 10491]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 900, 929, 982, and 989

[Docket No. FV97-900-1 FR]


General Regulations; Revision or Removal of Selected Sections

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule revises or removes various sections and parts from 
the Code of Federal Regulations (CFR). This rule revises the general 
regulations for Federal marketing orders and agreements covering 
fruits, vegetables, and nuts by updating the subpart regarding 
information collection. This rule removes sections titled ``Reserved'' 
from three marketing orders covering cranberries, Oregon-Washington 
hazelnuts, and California raisins, respectively. This rule also removes 
two parts from the CFR titled ``Reserved'' that used to specify 
marketing orders covering Florida grapefruit. The Florida grapefruit 
orders were terminated in 1987. These changes will provide more 
accurate information in the CFR and will eliminate unnecessary CFR 
printing costs.

EFFECTIVE DATE: March 5, 1998.

FOR FURTHER INFORMATION CONTACT: Christian Nissen, Regional Manager, 
Southeast Marketing Field Office, Marketing Order Administration 
Branch, F&V, AMS, USDA, P.O. Box 2276, Winter Haven, Florida 33883; 
telephone (941) 299-4770, Fax: (941) 299-5169; or Anne Dec, Marketing 
Order Administration Branch, AMS, USDA, P.O. Box 96456, room 2525-S, 
Washington, DC 20090-6456; telephone (202) 720-2491, Fax: (202) 720-
5698.

SUPPLEMENTARY INFORMATION: This action is being taken as part of the 
National Performance Review Program to eliminate unnecessary 
regulations and improve those that remain in force.
    The Agency has determined that this action is only administrative 
in nature because it involves updating the subpart regarding 
information collection to reflect the display of current Office of 
Management and Budget (OMB) control numbers and removing references to 
sections or parts that are titled ``Reserved.'' This action is not 
subject to the requirements of Executive Orders 12866 and 12988 or to 
the provisions of the Regulatory Flexibility Act.
    This rule revises or removes various sections and parts from the 
CFR concerning Federal marketing orders and agreements for fruits, 
vegetables, and nuts. This rule revises the general regulations for 
such orders by updating the subpart regarding information collection. 
This rule removes sections titled ``Reserved'' from the cranberry, 
hazelnut, and raisin marketing orders. This rule also removes two parts 
from the CFR that used to specify marketing orders covering Florida 
grapefruit.
    The Agricultural Marketing Agreement Act of 1937 (Act) provides 
authority for Federal marketing orders for various fruits, vegetables, 
and nuts. The programs are initiated by interested industries and voted 
on by those in the industries. Marketing orders are administered 
locally by industry committees with oversight by the Secretary of 
Agriculture (Secretary). A marketing order allows an industry to solve 
marketing problems by establishing grade, size, quality, maturity, 
quantity and container regulations that apply to all handlers in the 
industry. Such marketing orders and their accompanying regulations are 
codified in the CFR.
    The Secretary was directed by the President, as part of a 
regulatory reinvention initiative, to review all existing regulations 
concerning Federal marketing orders and other programs in an effort to 
reduce regulations that may be burdensome on industries. To meet this 
initiative, regulations which need revision or are obsolete are being 
revised or removed.
    Accordingly, this rule revises part 900 of the CFR which specifies 
general regulations that apply to all such marketing orders. For 
example, part 900 specifies procedures for promulgating new marketing 
orders, petitions to modify existing orders, and procedures for the 
conduct of grower referenda for marketing orders. Part 900 also 
contains a subpart pertaining to the collection of information under 
marketing orders. Specifically, Sec. 900.601 specifies a list of 
control numbers assigned to the information collection requirements by 
the Office of Management and Budget (OMB) contained in 7 CFR parts 905 
through 998 under the Paperwork Reduction Act (PRA) of 1995. This rule 
revises this section to reflect the promulgation and termination of 
marketing orders and agreements since 1987. This section is also 
revised to reflect that the information collection under 16 marketing 
orders has been consolidated under the OMB control number 0581-0178. 
This rule also changes the reference to the PRA in Secs. 900.600 and 
900.601 to reflect that the PRA of 1980 was amended in 1995.
    This rule also removes five sections titled ``Reserved'' from the 
cranberry, hazelnut, and raisin marketing orders which are codified in 
parts 929, 982, and 989, respectively. These sections, 929.16 of the 
cranberry order, 982.432 and 982.457 of the hazelnut order, and 989.6 
and 989.211 of the raisin order, contain no regulatory text, only the 
designation ``Reserved.'' These sections were previously terminated in 
accordance with the Act. It is not necessary for these sections to 
appear in their respective marketing orders. Similarly, this rule 
removes two parts from 7 CFR which are also titled ``Reserved.'' Parts 
912 and 913 of 7 CFR used to specify two separate marketing orders for 
Florida grapefruit. These two orders were terminated in 1987 in 
accordance with the Act and it is unnecessary to designate these parts 
as ``Reserved.'' Having these five sections and two parts appear in 
each publication of the CFR is an extraneous use of space and removing 
them reduces unwarranted printing costs.
    The changes made by this rule are purely administrative. This rule 
revises a list of marketing orders to reflect additions and 
terminations since the section was last amended. This rule makes no 
changes to any established regulation. This rule also eliminates five 
sections and two parts in the CFR that contain only the word 
``Reserved.'' There is no need for these sections or parts to be 
reserved, so they are being removed. These changes will update the CFR 
to provide current information and

[[Page 10492]]

delete various sections and parts that will result in reduced CFR 
printing costs.
    Pursuant to 5 U.S.C. 553, it is found and determined upon good 
cause that it is unnecessary and contrary to the public interest to 
give preliminary notice or to engage in further public rulemaking 
procedures prior to putting this rule into effect and that there is 
good cause for making this rule effective less than 30 days after 
publication in the Federal Register because: (1) The changes are purely 
administrative in nature and impose no regulation or additional burden 
on any entity; (2) the changes will not alter any aspect of an existing 
program; and (3) no useful purpose would be served by delaying the 
effective date of this action.

List of Subjects

7 CFR Part 900

    Administrative practice and procedure, Freedom of information, 
Marketing agreements, Reporting and recordkeeping requirements.

7 CFR Part 929

    Cranberries, Marketing agreements, Reporting and recordkeeping 
requirements.

7 CFR Part 982

    Filberts, Hazelnuts, Marketing agreements, Nuts, Reporting and 
recordkeeping requirements.

7 CFR Part 989

    Grapes, Marketing agreements, Raisins, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR parts 900, 912, 
913, 929, 982, and 989 are amended as follows:

PART 900--GENERAL REGULATIONS

    1. The authority citation for 7 CFR part 900, Subpart--Information 
Collection continues to read as follows:

    Authority: 44 U.S.C. Ch. 35.

    2. In part 900, Secs. 900.600 and 900.601 are revised to read as 
follows:


Sec. 900.600  General.

    This subpart shall contain such requirements as pertain to the 
information collection provisions under the Paperwork Reduction Act of 
1995.


Sec. 900.601  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

    (a) Purpose. This section collects and displays the control numbers 
assigned to information collection requirements by the Office of 
Management and Budget contained in 7 CFR parts 905 through 998 under 
the Paperwork Reduction Act of 1995.
    (b) Display.

------------------------------------------------------------------------
                                                             Current OMB
         7 CFR part where identified and described           control No.
------------------------------------------------------------------------
905, Florida Oranges, Grapefruit Tangerines, Tangelos......    0581-0094
906, Texas Oranges & Grapefruit............................    0581-0068
911, Florida Limes.........................................    0581-0091
915, Florida Avocados......................................    0581-0078
916, California Nectarines.................................    0581-0072
917, California Pears and Peaches..........................    0581-0080
920, California Kiwifruit..................................    0581-0149
922, Washington Apricots...................................    0581-0095
923, Washington Sweet Cherries.............................    0581-0133
924, Washington-Oregon Fresh Prunes........................    0581-0134
925, S.E. California Desert Grapes.........................    0581-0109
927, Oregon-Washington-California Winter Pears.............    0581-0089
928, Hawaiian Papayas......................................    0581-0102
929, Cranberries Grown in Designated States 0581-0103......             
930, Red Tart Cherries.....................................    0581-0177
931, Oregon-Washington Bartlett Pears......................    0581-0092
932, California Olives.....................................    0581-0142
945, Idaho-Eastern Oregon Potatoes.........................    0581-0178
946, Washington Potatoes...................................    0581-0178
947, Oregon-California Potatoes............................    0581-0178
948, Colorado Potatoes.....................................    0581-0178
953, Southeastern Potatoes.................................    0581-0178
955, Vidalia Onions........................................    0581-0178
956, Walla Walla Onions....................................    0581-0178
958, Idaho-Oregon Onions...................................    0581-0178
959, South Texas Onions....................................    0581-0178
966, Florida Tomatoes......................................    0581-0178
979, South Texas Melons....................................    0581-0178
981, California Almonds....................................    0581-0071
982, Oregon-Washington Hazelnuts...........................    0581-0178
984, California Walnuts....................................    0581-0178
985, Spearmint Oil.........................................    0581-0065
987, California Dates......................................    0581-0178
989, California Raisins....................................    0581-0178
993, California Dried Prunes...............................    0581-0178
997, Domestic Peanuts Not Covered Under the Peanut                      
 Marketing Agreement.......................................    0581-0163
998, Domestic Peanuts Covered Under the Peanut Marketing                
 Agreement.................................................    0581-0067
------------------------------------------------------------------------


[[Page 10493]]

PARTS 912-913--[REMOVED]

    3. Under the authority of 7 U.S.C. 1621-1627, parts 912 and 913 are 
removed.

PART 929--[AMENDED]

    4. The authority citation for 7 CFR part 929 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.


Sec. 929.16  [Removed]

    5. In part 929, Sec. 929.16 is removed.

PART 982--[AMENDED]

    6. The authority citation for 7 CFR part 982 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.

Secs. 982.432 and 982.457  [Removed]

    7. In part 982, Secs. 982.432 and 982.457 are removed.

PART 989--[AMENDED]

    8. The authority citation for 7 CFR Part 989 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.


Secs. 989.6 and 989.211  [Removed]

    9. In part 989, Secs. 989.6 and 989.211 are removed.

    Dated: February 20, 1998.
Robert C. Keeney,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 98-5545 Filed 3-3-98; 8:45 am]
BILLING CODE 3410-02-P