[Federal Register Volume 67, Number 3 (Friday, January 4, 2002)]
[Proposed Rules]
[Pages 525-526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-241]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 67, No. 3 / Friday, January 4, 2002 / 
Proposed Rules  

[[Page 525]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Chapters I, IX, X, and XI

[Doc. # L&RRS-01-01]


Regulatory Flexibility Act: Plan for Periodic Review of 
Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Schedule for review of agency regulations.

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

SUMMARY: The Agricultural Marketing Service (AMS) is publishing this 
plan for the review of its regulations under the Regulatory Flexibility 
Act (RFA). AMS has included in this plan all regulations that warrant 
periodic review irrespective of whether specific regulations meet the 
threshold requirement for mandatory review established by the RFA. The 
identified rules will be reviewed as indicated during the next ten 
years.

FOR FURTHER INFORMATION CONTACT: Christine M. Sarcone, Director, 
Legislative and Regulatory Review Staff, AMS, USDA, P.O. Box 96456, 
Room 3510-South, Washington, D.C. 20090-6456; telephone: (202) 720-
3203; fax: (202) 690-3767.

SUPPLEMENTARY INFORMATION:

Background

    Sec. 610 of the RFA (5 U.S.C. 610) requires agencies to review all 
regulations on a periodic basis that have or will have a significant 
economic impact on a substantial number of small entities. Because many 
AMS regulations impact small entities, AMS decided, as a matter of 
policy, to review certain regulations which although they may not meet 
the threshold requirement under Sec. 610 of the RFA (5 U.S.C. 610) 
merit review.
    This document updates the original plan which was published on 
February 18, 1999 (64 FR 8014). Since then, two reviews have been 
completed and summaries of the results published in the Federal 
Register--(1) California Olives, (7 CFR part 932), March 27, 2001 (66 
FR 16593); and (2) Federal Seed Act Regulations, (7 CFR part 201), 
March 22, 2001 (66 FR 16015). Copies of these two completed reviews can 
be obtained from the Legislative and Regulatory Review Staff at the 
telephone number provided in the FOR FURTHER INFORMATION CONTACT 
section of this document. In addition, two other reviews have been 
completed with summaries of the results to be published in the Federal 
Register in the near future--(1) Watermelon Research and Promotion 
Program (7 CFR part 1210); and (2) Irish Potatoes Grown in Certain 
Designated Counties in ID, and Malheur County, OR (7 CFR part 945).
    In the 1999 review plan, AMS stated that reviews for the Dairy 
Promotion Program, Potato Research and Promotion, Egg Research and 
Promotion, and Pork Promotion, Research and Consumer Information 
regulations would be conducted in calendar year 2001; however, it was 
determined that completion of such reviews was not feasible by the 
established dates, therefore, review of the regulations has been 
delayed until year 2002. In addition, a request for comments was 
published in the Federal Register on June 13, 2001, (66 FR 31850) for 
Almonds Grown in California (7 CFR part 981). However, completion of 
this review also has been delayed until year 2002.
    AMS also stated that it would announce regulations to be reviewed 
in the semi-annual regulatory agenda which is published in the Federal 
Register; however, after further consideration, the agency has decided 
that it would announce the reviews in the Federal Register separate 
from the semi-annual regulatory agenda. AMS plans now to publish in the 
year the regulations are scheduled for review a Federal Register 
document announcing the review. At that time, a contact person will be 
identified to whom comments may be submitted concerning the review.
    The purpose of each review will be to determine whether the rules 
should be continued without change, or should be amended or rescinded 
(consistent with the objectives of applicable statutes) to minimize 
impacts on small businesses. In reviewing its rules the AMS will 
consider the following factors:
    (1) The continued need for the rule;
    (2) The nature of complaints or comments from the public concerning 
the rule;
    (3) The complexity of the rule;
    (4) The extent to which the rule overlaps, duplicates, or conflicts 
with other Federal rules and, to the extent feasible, with state and 
local regulations; and
    (5) The length of time since the rule has been evaluated or the 
degree to which technology, economic conditions, or other factors have 
changed in the area affected by the rule.
    The attached document announces the revised schedule for reviewing 
the agency's regulations.

    Dated: December 27, 2001.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.

 Agricultural Marketing Service 10-Year Review Plan for Regulations Identified for Section 610 Review Regulatory
                                                 Flexibility Act
----------------------------------------------------------------------------------------------------------------
                                                                                       Year          Year for
            CFR part & authority                    AMS program/regulation          implemented       review
----------------------------------------------------------------------------------------------------------------
7 part 46; 7 U.S.C. 499a-499t..............  Perishable Agricultural Commodities           *1930            2008
                                              Act, 1930.
7 part 110; 7 U.S.C. 136i-1................  Pesticide Recordkeeping............            1993            2003
7 part 205; 7 U.S.C. 6501-6522.............  National Organic Program...........            2000            2010
7 part 905; 7 U.S.C. 601-674...............  Oranges, Grapefruit, Tangerines,               1939            2007
                                              and Tangelos Grown in Florida.
7 part 916; 7 U.S.C. 601-674...............  Nectarines Grown in California.....            1958            2003
7 part 917; 7 U.S.C. 601-674...............  Fresh Pears and Peaches Grown in               1939            2003
                                              California.

[[Page 526]]

 
7 part 923; 7 U.S.C. 601-674...............  Sweet Cherries Grown in Designated             1957            2007
                                              Counties in Washington.
7 part 925; 7 U.S.C. 601-674...............  Grapes Grown in a Designated Area              1980            2006
                                              of Southeastern California.
7 part 927; 7 U.S.C. 601-674...............  Winter Pears Grown in Oregon and               1939            2003
                                              Washington.
7 part 929; 7 U.S.C. 601-674...............  Cranberries Grown in States of                 1962            2003
                                              Massachusetts, Rhode Island, etc..
7 Part 930; 7 U.S.C. 601-674...............  Tart Cherries Grown in MI, NY, PA,             1996            2006
                                              OR, UT, WA & WI.
7 part 948; 7 U.S.C. 601-674...............  Irish Potatoes Grown in Colorado...            1941            2006
7 part 966; 7 U.S.C. 601-674...............  Tomatoes Grown in Florida..........            1955            2002
7 part 981; 7 U.S.C. 601-674...............  Almonds Grown in California........            1950            2002
7 part 984; 7 U.S.C. 601-674...............  Walnuts Grown in California........            1948            2008
7 part 989; 7 U.S.C. 601-674...............  Raisins Produced from Grapes Grown             1949            2004
                                              in California.
7 part 993; 7 U.S.C. 601-674...............  Dried Prunes Produced in California            1949            2002
7 part 998; 7 U.S.C. 601-674...............  Marketing Agreement Regulating the             1965            2005
                                              Quality of Domestically Produced
                                              Peanuts.
7 Parts 1000-1139; 7 U.S.C. 601-674........  Federal Milk Marketing Orders......            1999            2009
7 part 1150; 7 U.S.C. 4501-4514............  Dairy Promotion Program............            1984            2002
7 part 1160; 7 U.S.C. 6401-6417............  Fluid Milk Promotion Program.......            1993            2003
7 part 1205; 7 U.S.C. 2101-2118............  Cotton Research and Promotion......            1996            2002
7 part 1207; 7 U.S.C. 2611-2627............  Potato Research and Promotion......            1972            2002
7 part 1209; 7 U.S.C. 6101-6112............  Mushroom Promotion, Research and               1993            2004
                                              Consumer Information Order.
7 part 1215; 7 U.S.C. 7481-7491............  Popcorn Promotion, Research and                1997            2007
                                              Consumer Information.
7 part 1216; 7 U.S.C. 7401-7425............  Peanut Promotion, Research, and                1999            2009
                                              Information Order.
7 part 1218; 7 U.S.C. 7401-7425............  Blueberry Promotion, Research, and             2000            2010
                                              Information Order.
7 part 1220; 7 U.S.C. 6301-6311............  Soybean Promotion, Research and                1991            2003
                                              Consumer Information.
7 part 1230; 7 U.S.C. 4801-4819............  Pork Promotion, Research, and                  1986            2002
                                              Consumer Information.
7 part 1240; 7 U.S.C. 4601-4612............  Honey Research, Promotion, and                 1987            2002
                                              Consumer Information Order.
7 part 1250; 7 U.S.C. 2701-2718............  Egg Research and Promotion.........            1976            2002
7 part 1260; 7 U.S.C. 2901-2911............  Beef Promotion and Research........            1986           2003
----------------------------------------------------------------------------------------------------------------
*Regs. Amended 1997.

[FR Doc. 02-241 Filed 1-3-02; 8:45 am]
BILLING CODE 3410-02-P