[Federal Register Volume 60, Number 235 (Thursday, December 7, 1995)]
[Rules and Regulations]
[Pages 62974-62975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29792]




[[Page 62973]]

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Part IV





Department of Agriculture





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Agricultural Marketing Service



Office of Transportation



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7 CFR Parts 29, 60, 81, et al.



Removal of Selected Regulations; Final Rule

Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / 
Rules and Regulations
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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 29, 60, 81, 99, 100, 101, and 202

Office of Transportation

7 CFR Part 3305

[Docket Number TB-95-17]


Removal of Selected Regulations

AGENCY: Agricultural Marketing Service and Office of Transportation, 
USDA.

ACTION: Final rule.

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SUMMARY: This rule will remove several miscellaneous regulations 
covering a number of agricultural commodities and services (cotton, 
tobacco, fresh and processed fruits and vegetables, meats and meat 
products, eggs, and poultry products). They represent an accumulation 
of regulations which were originally enacted to administer specific 
programs and which, upon review, have either been found to be obsolete, 
no longer are administered by the Agricultural Marketing Service (AMS), 
or duplicate existing regulations. This action will eliminate recurring 
Code of Federal Regulations (CFR) printing costs.

EFFECTIVE DATE: December 7, 1995.

FOR FURTHER INFORMATION CONTACT: Larry L. Crabtree 202-205-0235.

SUPPLEMENTARY INFORMATION: This regulatory action is being taken as 
part of the National Performance Review Program to eliminate 
unnecessary regulations and improve those that remain in force.
    The Department of Agriculture (Department) is issuing this rule in 
conformance with Executive Order 12866.
    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. It is not intended to have preemptive effect. This rule 
will not preempt any State or local laws, regulation, or policies, 
unless they present an irreconcilable conflict with this rule. There 
are no administrative procedures which must be exhausted prior to any 
judicial challenge to this rule or the application of its provisions.

Regulatory Impact Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601 et seq.), the Administrator of the AMS has 
considered the economic impact of this rule on small entities.
    The purpose of the RFA is to fit regulatory actions to the scale of 
business subject to such actions in order that small businesses will 
not be unduly or disproportionally burdened.
    Since this action is administrative in nature, the Administrator of 
AMS determined that this action will have no significant economic 
impact on small entities because the changes remove obsolete and 
duplicative material.

Paperwork Reduction Act

    In accordance with the provisions of the Paperwork Reduction Act of 
1980 (44 U.S.C. Chapter 35), the information collection requirements 
contained in the provisions to be amended have been previously approved 
by the Office of Management and Budget.
    No additional recordkeeping requirements are imposed as a result of 
this rule.

Background

    The Secretary of Agriculture is authorized under various statutes 
to develop and establish efficient marketing methods and practices of 
agricultural commodities. This has usually been accomplished by 
promulgating and codifying regulations 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 of regulations. As a 
result, industry and the marketplace have been in some instances 
burdened with outdated and unnecessary regulatory language. The 
President's regulatory review initiative has provided an impetus to 
develop new approaches to meet more effectively the needs of U.S. 
industry, government agencies, and consumers and still reduce the 
regulatory burden. To meet this initiative, any regulations currently 
listed in the CFR which could be maintained and administered under the 
authorities of the AMS are being removed from the CFR and incorporated 
into AMS directives. Additionally, any regulations which are deemed 
outdated and which should be abolished, will be removed and considered 
obsolete once removed from the CFR. This rule eliminates selected 
regulations which encompass approximately 24 pages of the CFR.
    The regulations at 7 CFR part 60 and 7 CFR 29.131 describe 
procedures for subscribing to printed Market News Reports. These 
sections are being eliminated because sufficient authority already 
exists in current statues and information for obtaining such 
publications by mail is readily available through a variety of public 
sources.
    The regulations at 7 CFR part 81 Section 32 Diversion Programs 
describe procedures to administer the Fresh Apples Diversion Program 
for 1988 crop apples. This part is being eliminated because the program 
is no longer in existence.
    The regulations at part 99, Statistical Science Program; part 100, 
National Laboratory Accreditation Program; concerning laboratory 
services, statistical science support, and Part 101, Pesticide Data 
Program will be removed because they are either reserved or contain 
only informational text.
    The regulations at 7 CFR part 202, subpart B, Rules applicable to 
Cease and Desist Proceedings; relate to rules of practice for 
administering the Federal Seed Act (FSA). This part is being eliminated 
because 7 CFR 1.130, Rules of Practice Governing Formal Adjudicatory 
Procedures, is now used in enforcing the FSA.
    The regulations at 7 CFR part 3305 describe the organization and 
functions of the Office of Transportation and the methods by which the 
public may obtain information about the Office. This part is being 
eliminated because the Office of Transportation was abolished January 
1, 1991.
    Pursuant to the provisions in 5 U.S.C. 553, it is found and 
determined upon good cause that it is impracticable, unnecessary, and 
contrary to the public interest to give preliminary notice or to engage 
in further public procedures prior to putting this rule into effect and 
that good cause exists for not postponing the effective date of this 
action until 30 days after publication in the Federal Register for the 
following reasons: (1) The sections being removed are either 
duplicative unnecessary or obsolete, (2) removal will not alter any 
aspect of an existing program; and (3) no useful purpose would be 
served by a delay of the effective date.

List of Subjects

7 CFR Part 29

    Administrative practice and procedure, Advisory committees, 
Government publications, Imports, Pesticides and pests, Reporting and 
recordkeeping requirements, Tobacco.

7 CFR Part 60

    Government publications, Market news reports, Subscription fees.

7 CFR Part 81

    Animal feeds, Apples, Grant programs--agriculture, Reporting and 
recordkeeping requirements, Surplus agricultural commodities.

7 CFR Part 99

    Agricultural commodities, Statistics. 
    
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7 CFR Part 100

    Agricultural commodities, Statistics

7 CFR Part 101

    Agricultural commodities, Laboratories.

7 CFR Part 202

    Administrative practice and procedure, Advertising, Agricultural 
commodities, Imports, Labeling, Seeds, Vegetables.

7 CFR Part 3305

    Freedom of information, Organization and functions.

PART 29--TOBACCO INSPECTION

Subpart B--Regulations

    1. The authority citation for 7 CFR part 29, subpart B continues to 
read as follows:

    Authority: 7 U.S.C. 511m and 511r.


Sec. 29.13  [Removed and reserved]

    2. In part 29, subpart B, Sec. 29.131 is removed and reserved.

PARTS 60, 81, 99, 100, 101, and--[REMOVED AND RESERVED]

PART 202--[AMENDED]


Sec. 202.10--202.29  (Subpart B) [Removed and reserved]

    1. Accordingly, under the authority of 7 U.S.C. 1621-1627, 2242a 
and 4403, 7 CFR Parts 60, 81, 99, 100, 101, 202 (subpart B), are 
removed and reserved.

PART 3305--[REMOVED AND RESERVED]

    1. For the reasons set forth in the preamble and under the 
authority of 5 U.S.C. 552, part 3305 is removed and reserved.

    Dated: December 1, 1995
Lon Hatamiya,
Administrator.
[FR Doc. 95-29792 Filed 12-06-95; 8:45 am]
BILLING CODE 3410-02-P