62974 Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations

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.

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originally enacted to administer specific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.
Federal Register / Vol. 60, No. 235 / Thursday, December 7, 1995 / Rules and Regulations 62975

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.

§ 29.13 [Removed and reserved]

2. In part 29, subpart B, § 29.131 is

removed and reserved.

PARTS 60, 81, 99, 100, 101, and—

[REMOVED AND RESERVED]

PART 202—[AMENDED]

§ 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