This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

13613

Vol. 60, No. 49

Tuesday, March 14, 1995

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 731

RIN 3206–AG36

Suitability, Personnel Security and

Related Programs, Investigations, and

Suitability Disqualification Actions

AGENCY: Office of Personnel

Management.

ACTION: Final rule.

SUMMARY: The Office of Personnel

Management (OPM) is adopting as final

an interim rule that revoked the section

of its interim regulations that

established the OPM Review Panel (5

CFR Part 731, subpart E), and issued a

new subpart E that spells out

procedures for appealing adverse

suitability determinations to the Merit

Systems Protection Board.

EFFECTIVE DATE: October 17, 1994.

FOR FURTHER INFORMATION CONTACT:

John J. Lafferty, Deputy Associate

Director for Investigations, (202) 376–

3800.

SUPPLEMENTARY INFORMATION: On

September 16, 1994, OPM published an

interim rule announcing its decision to

revoke the section of its interim

regulations establishing the OPM

Review Panel, thereby abolishing the

Review Panel, and promulgating new

regulations that provide individuals the

opportunity to appeal adverse

suitability determinations to the Merit

Systems Protection Board (59 FR 47527,

September 16, 1994). OPM received no

comments in response to this notice.

EO 12866, Regulatory Review

This rule has been reviewed by the

Office of Management and Budget in

accordance with EO 12866.

Regulatory Flexibility Act

I certify that these regulations will not

have a significant economic impact on

a substantial number of small entities

because they relate to internal personnel

matters within the Federal Government.

List of Subjects in 5 CFR Part 731

Administrative practice and

procedure, Government employees.

Accordingly, under authority of 5

U.S.C. 3301, the interim rule amending

5 CFR Part 731 published on September

16, 1994 (59 FR 47527), is adopted as

final without any changes.

Office of Personnel Management.

James B. King,

Director.

[FR Doc. 95–6217 Filed 3–13–95; 8:45 am]

BILLING CODE 6325–01–M

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1209

[FV–92–701FR]

RIN 0581–AA49

Mushroom Promotion, Research, and

Consumer Information Order

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture is adopting with change as

a final rule an interim final rule which

specified the general rules and

regulations under the Mushroom

Promotion, Research, and Consumer

Information Order (Order). The interim

final rule implemented provisions of the

Order concerning the nomination and

appointment of members to the

Mushroom Council; the preparation and

submission of financial statements; the

payment of assessments, including the

application of late payment and interest

charges; the procedures for claiming an

exemption from assessments; and the

filing of reports.

EFFECTIVE DATE: March 14, 1995.

FOR FURTHER INFORMATION CONTACT:

Richard Schultz, Research and

Promotion Branch, Fruit and Vegetable

Division, AMS, USDA, P.O. Box 96456,

Room 2535–S, Washington, D.C. 20090–

6456, telephone: (202) 720–5976.

SUPPLEMENTARY INFORMATION: This final

rule is issued under the Mushroom

Promotion, Research, and Consumer

Information Order [7 CFR Part 1209],

hereinafter referred to as the Order. The

Order is authorized by the Mushroom

Promotion, Research, and Consumer

Information Act of 1990 [7 U.S.C. 6101–

6112], hereinafter referred to as the Act.

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

retroactive effect. Section 1930 of the

Act provides that nothing in the Act

may be construed to preempt or

supersede any other program relating to

mushroom promotion, research,

consumer information, and industry

information organized and operated

under the United States or any State.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

§ 1927 of the Act, a person subject to the

Order may file with the Secretary of

Agriculture (Secretary) a petition stating

that the Order, any provision of the

Order, or any obligation imposed in

connection with the Order is not in

accordance with law and requesting a

modification of the Order or an

exemption from the Order. The

petitioner is afforded the opportunity

for a hearing on the petition. After such

hearing, the Secretary will make a ruling

on the petition, which will be final if in

accordance with the law. The Act

provides that the district courts, of the

United States in any district in which a

person who is a petitioner resides or

carries on business, are vested with

jurisdiction to review the ruling on such

person’s petition, if a complaint for that

purpose is filed within 20 days after the

date of the entry of such ruling of the

Secretary.

Regulatory Flexibility Act

Pursuant to requirements set forth in

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

601 et seq.] (RFA), the Administrator of

the Agricultural Marketing Service

(AMS) has considered the economic

impact of this action 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 disproportionately burdened.

The most recent Department estimate

of mushroom growers in the United

States indicates that there are 355