[Federal Register Volume 71, Number 164 (Thursday, August 24, 2006)]
[Rules and Regulations]
[Pages 49986-49987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7159]


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DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Part 717

RIN 0560-AH64


Removal of Obsolete Regulations; Holding of Referenda

AGENCY: Farm Service Agency, USDA.

ACTION: Final rule.

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SUMMARY: This action removes regulations that have been rendered 
obsolete by expiration of their statutory authority and the ending of 
the programs they governed. There are no impacts on past or current 
program operations.

EFFECTIVE DATE: August 24, 2006.

FOR FURTHER INFORMATION CONTACT: Phillip Elder, Regulatory Review 
Group, Farm Service Agency, USDA, STOP 0540, 1400 Independence Avenue, 
SW., Washington, DC 20250-0540; Telephone: (202) 205-5851; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion of Final Rule

    This rule removes regulations at 7 CFR Part 717, Holding of 
Referenda. That regulation has been rendered obsolete by repeal of its 
statutory authority and the ending of it applicable programs. Part 717 
was authorized by the Agricultural Adjustment Act of 1938 (1938 Act), 
as amended, and was applicable to all referenda held pursuant to that 
Act. This Act required the Secretary of Agriculture to establish 
national marketing quotas for flue-cured, burley and other types of 
tobacco in years where producers of such tobacco approved of having a 
national marketing quota (see 7 U.S.C. 1312 et seq. (2000)). The quotas 
for the respective crops were approved or disapproved by such producers 
in a referendum conducted as provided in part 717. Sections 611 through 
613 of the American Jobs Creation Act of 2004 (Pub. L. 108-357; the 
2004 Act) repealed the tobacco marketing quota and related price 
support programs authorized by Title III of the 1938 Act and the 
Agricultural Act of 1949. Thus, the Farm Service Agency has no 
authority

[[Page 49987]]

for conducting producer referenda and 7 CFR part 717 is obsolete.

Executive Order 12866

    This rule related to internal agency management. Therefore, 
pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity 
for comment are not required, and this rule may be made effective less 
than 30 days after publication in the Federal Register. Further, 
because this rule relates to internal agency management, it is exempt 
from the provisions of Executive Order Nos. 12291 and 12866. Finally, 
this action is not a rule as defined by the Regulatory Flexibility Act, 
5 U.S.C. 601, et seq., and is therefore exempt from the provisions of 
that Act. Accordingly, as authorized by section 808 of the Small 
Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 808, 
this rule may be made effective upon publication.

Paperwork Reduction Act

    This rule does not affect any information collections.

List of Subjects in 7 CFR Part 717

    Agricultural Commodities, Allotments, Price support programs, 
Quotas, Tobacco.

PART 717--[REMOVED]

0
Accordingly, under the authority of 5 U.S.C. 301, 7 CFR Chapter VII is 
amended by removing part 717.

    Signed at Washington, DC on August 9, 2006.
Teresa C. Lasseter,
Administrator, Farm Service Agency.
[FR Doc. 06-7159 Filed 8-23-06; 8:45 am]
BILLING CODE 3410-05-M