66860 Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations

rent, $24,500 ($24,700), and education

and promotion expense, $1,225,000

($1,500,000). All other items are

budgeted at last year’s amounts.

The Committee also unanimously

recommended an assessment rate of

$0.04 per 25-pound container, the same

as last year. This rate, when applied to

anticipated shipments of 50,000,000 25-

pound containers, will yield $2,000,000

in assessment income. This, along with

$25,000 in interest and other income,

will be adequate to cover budgeted

expenses.

An interim final rule was published

in the Federal Register on October 30,

1995 (60 FR 55176). That interim final

rule added § 966.233 to authorize

expenses and establish an assessment

rate for the Committee. That rule

provided that interested persons could

file comments through November 29,

1995. No comments were received.

While this action will impose some

additional costs on handlers, the costs

are in the form of uniform assessments

on handlers. Some of the additional

costs may be passed on to producers.

However, these costs will be offset by

the benefits derived by the operation of

the marketing order. Therefore, the

Administrator of the AMS has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

After consideration of all relevant

matter presented, including the

information and recommendations

submitted by the Committee and other

available information, it is hereby found

that this rule, as hereinafter set forth,

will tend to effectuate the declared

policy of the Act.

It is further found that good cause

exists for not postponing the effective

date of this action until 30 days after

publication in the Federal Register (5

U.S.C. 553) because the Committee

needs to have sufficient funds to pay its

expenses which are incurred on a

continuous basis. The 1995–96 fiscal

period began on August 1, 1995. The

marketing order requires that the rate of

assessment for the fiscal period apply to

all assessable tomatoes handled during

the fiscal period. In addition, handlers

are aware of this action which was

unanimously recommended by the

Committee at a public meeting and

published in the Federal Register as an

interim final rule.

List of Subjects in 7 CFR Part 966

Marketing agreements, Reporting and

recordkeeping requirements, Tomatoes.

For the reasons set forth in the

preamble, 7 CFR part 966 is amended as

follows:

PART 966—TOMATOES GROWN IN

FLORIDA

Accordingly, the interim final rule

amending 7 CFR part 966 which was

published at 60 FR 55176 on October

30, 1995, is adopted as a final rule

without change.

Dated: December 18, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–31274 Filed 12–26–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 1250

[Docket No. PY–95–005]

Technical Amendments to Egg

Research and Promotion Order and

Rules and Regulations

AGENCY: Agricultural Marketing Service.

ACTION: Final Rule; Termination Order.

SUMMARY: A review of the Order and

rules and regulations implementing the

egg research and promotion program

identified a number of changes to

eliminate sections which are duplicative

or obsolete and will avoid current and

future conflict. The revisions eliminate

certain sections dealing with

membership on the Egg Board, obtaining

refunds, and other miscellaneous

provisions.

EFFECTIVE DATE: December 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Angela C. Clonts, Standardization

Branch, Poultry Division, AMS, USDA,

P.O. Box 96456, Room 3944–S,

Washington, DC 20090–6456; telephone

(202) 720–3506; fax (202) 720–5631.

SUPPLEMENTARY INFORMATION: This rule

amends the Egg Research and Promotion

Order and Rules and Regulations [7 CFR

part 1250], hereinafter referred to as the

Order and regulations. The Order and

regulations are effective under the Egg

Research and Consumer Information

Act, as amended, hereinafter referred to

as the Act.

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.

Executive Orders 12866 and 12778

This rule has been determined to be

not-significant for purposes of Executive

Order 12866 and therefore has not been

reviewed by OMB.

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. It is not intended to have

retroactive effect. This rule would not

preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

section 14 of the Act, a person subject

to the Order may file a petition with the

Secretary stating that the Order, any

provisions of the order, or any

obligations imposed in connection with

the Order, are not in accordance with

law and requesting a modification of the

Order or an exemption therefrom. The

petitioner is afforded the opportunity

for a hearing on the petition. After a

hearing, the Secretary would rule on the

petition. The Act provides that the

district court of the United States in any

district in which such person is an

inhabitant, or has his principal place of

business, has jurisdiction to review the

Secretary’s ruling on the petition, if a

complaint for that purpose is filed

within 20 days after the date of the entry

of the ruling.

Effect on Small Entities

The Administrator of the Agricultural

Marketing Service has determined that

this rule will not have a significant

economic impact on a substantial

number of small entities, as defined by

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.), because the changes are

primarily to remove obsolete and

duplicate material and establish

definitions consistent with current

industry terminology.

Paperwork Reduction

Information collection requirements

and recordkeeping provisions contained

in 7 CFR Part 1250 have been previously

approved by the Office of Management

and Budget and assigned OMB Control

No. 0581–0093 under the Paperwork

Reduction Act of 1980.

No additional recordkeeping

requirements are imposed as a result of

this rule.

Background and Proposed Changes

A review of the Order and regulations

was conducted in response to the

President’s Regulatory Review Initiative

of March 4, 1995. As a result, a number

of provisions were identified that could

be removed without adverse impact to

the program. The amendments eliminate

sections that contain provisions

duplicated in other sections or are

obsolete.

Membership Provisions

Section 1250.328(d) was developed to

establish the manner in which the

initial Board would be nominated. Since

June 1984, any changes in the
Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations 66861

geographic areas and number of

members assigned to each area have

been accomplished through informal

rulemaking in § 1250.510 of the

regulations. Therefore, portions of

§ 1250.328(d) are outdated and obsolete.

Removing § 1250.328(d) in the Order

except for the last sentence avoids

current and future conflicting

information in companion rules should

additional changes be required.

Appropriate language of § 1250.328(e)

also is removed.

Miscellaneous Provisions

Sections 1250.360 and 1250.552 are

miscellaneous provisions which were

included in the Order and rules and

regulations when they were originally

published.

Section 1250.360 deals with board

members’ and alternates’ personal

liability and is similar to provisions

found in § 1250.547 of the rules and

regulations. Therefore, § 1250.360 is

removed.

Section 1250.552 establishes the right

of the Secretary to review and approve

substantive plans of the board; it

duplicates § 1250.361 of the Order and

is removed.

Refund Provisions

Other sections [§§ 1250.336 (g) and

(h), 1250.350, and 1250.523] originally

implemented a statutory provision

allowing producers to request refunds of

assessments paid to the Egg Board. In a

July-August 1990 referendum,

producers voted in favor of mandatory

assessments and eliminating the refund

option. Therefore, the refund provisions

are no longer applicable and should be

removed from the Order and

regulations.

After consideration of all relevant

material with regard to the termination

of the order provisions as hereinafter set

forth, it is found that the provisions no

longer tend to effectuate the declared

policy of the Act.

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 procedure 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 or obsolete, and removal

will not alter any aspect of the program;

and (2) no useful purpose would be

served by a delay of the effective date.

List of Subjects in 7 CFR Part 1250

Administrative practice and

procedure, Advertising, Agricultural

research, Eggs and egg products,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 1250 is amended

as follows:

PART 1250—[AMENDED]

1. The authority citation of part 1250

continues to read as follows:

Authority: Pub. L. 93–428, 88 Stat. 1171,

as amended, 7 U.S.C. 2701–2718.

§ 1250.328 [Amended]

2. § 1250.328, the first sentence of

paragraph (d) is removed.

§ 1250.328 [Amended]

3. In § 1250.328(e), the words

‘‘provided for in paragraph (d) of this

section’’ are removed.

§ 1250.336 [Amended]

4. In § 1250.336, paragraphs (g) and

(h) are removed and reserved.

§ 1250.350 [Removed and Reserved]

5. Section 1250.350 is removed and

reserved.

§ 1250.360 [Removed and Reserved]

6. Section 1250.360 is removed and

reserved.

§ 1250.523 [Removed]

7. Section 1250.523 and the

undesignated center heading preceding

it are removed.

§ 1250.552 [Removed]

8. Section 1250.552 and the

undesignated center heading preceding

it are removed.

Dated: December 18, 1995

Shirley R. Watkins,

Acting Assistant Secretary, Marketing and

Regulatory Programs.

[FR Doc. 95–31275 Filed 12–26–95; 8:45 am]

BILLING CODE 3410–02–P

Cooperative State Research,

Education, and Extension Service

7 CFR Part 3404

Availability of Information

AGENCY: Cooperative State Research,

Education, and Extension Service,

USDA.

ACTION: Final rule.

SUMMARY: This document amends

regulations of the Department of

Agriculture (USDA) regarding the

availability of information to the public

in accordance with the Freedom of

Information Act (FOIA) to reflect the

establishment of the Cooperative State

Research, Education, and Extensive

Service (CSREES) by the Department of

Agriculture Reorganization Act of 1994.

EFFECTIVE DATE: December 27, 1995.

FOR FURTHER INFORMATION CONTACT:

Stasia A.M. Hutchison, FOIA

Coordinator, Agricultural Research

Service, USDA, 6303 Ivy Lane, Room

456, Greenbelt, MD 20770; (301) 344–

2207.

SUPPLEMENTARY INFORMATION: The FOIA

(5 U.S.C. 552(a)(1)) requires Federal

agencies to publish in the Federal

Register regulations describing how the

public may obtain information from the

agency. This part is issued in

accordance with the regulations of the

Secretary of Agriculture at 7 CFR part 1,

Subpart A, implementing FOIA.

CSREES was established by section

251(d) of the Department of Agriculture

Reorganization Act of 1994, Public Law

103–354 (USDA Reorganization Act).

The USDA Reorganization Act

abolished the former Cooperative State

Research Service (CSRS) and Extension

Service (ES) and consolidated the

functions of the Department related to

cooperative State research programs and

cooperative extension and education

programs formerly administered by

CSRS and ES into the new CSREES.

This document amends 7 CFR part 3404

to reflect the reorganization of USDA, to

make technical corrections in the

regulations, and to inform the public of

the change in location of the FOIA

Coordinator for CSREES delegated the

authority to make initial determinations

on FOIA requests in accordance with 7

CFR 1.3(a)(3).

This rule relates 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, since this rule relates

to internal agency management, it is

exempt from the provisions of Executive

Orders 12778 and 12866. Also, this rule

will not cause a significant economic

impact or other substantial effect on

small entities. Therefore, the

requirements of the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq., do

not apply.

List of Subjects in 7 CFR Part 3404

Freedom of information.

Accordingly, 7 CFR part 3404 is

revised to read as follows: