[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Rules and Regulations]
[Pages 65235-65236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30593]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 /
Rules and Regulations
[[Page 65235]]
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
7 CFR Part 800
Official/Unofficial Weighing Service
AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Grain Inspection, Packers and Stockyards Administration
(GIPSA) is amending portions of Part 800, General Regulations under the
United States Grain Standards Act, as amended (USGSA). The action is
being taken to reinstate the regulations contained in 7 CFR Part 800
prior to the effective date of the direct final rule that was published
in the Federal Register on August 2, 1995 (60 FR 39242). The action is
necessary because we received adverse comments on the direct final
rule, and we were unable to withdraw it before the effective date. We
will follow this action with a proposed rule to provide adequate
opportunity to comment on proposed changes contained in the direct
final rule.
DATES: December 19, 1995.
FOR FURTHER INFORMATION CONTACT:
George Wollam, USDA-GIPSA, Room 0623-South Building, 1400 Independence
Avenue, S.W., Washington, D.C. 20090-6454, telephone (202) 720-0292.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule has been determined to be not-significant for the purpose
of Executive Order 12866 and therefore has not been reviewed by OMB.
Executive Order 12778
This amended rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This action is not intended to have a retroactive
effect. The United States Grain Standards Act provides in section 87g
that no State or subdivision may require or impose any requirements or
restriction concerning the inspection, weighing, or description of
grain under the Act. Otherwise, this rule will not preempt any State or
local laws, regulations, or policies unless they present irreconcilable
conflict with this rule. There are no administrative procedures which
must be exhausted prior to any judicial challenge to the provisions of
this rule.
Regulatory Flexibility Act Certification
James R. Baker, Administrator, GIPSA, has determined that this rule
will not have a significant economic impact on a substantial number of
small entities. Most users of the official inspection and weighing
services and those persons that perform those services do not meet the
requirements for small entities as defined in the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). Further, the standards are
applied equally to all entities.
Information Collection and Recordkeeping Requirements
In compliance with the Paperwork Reduction Act of 1980 (44 U.S.C.
chapter 35), the information collection and Recordkeeping requirements
in Part 800 have been approved previously by OMB and assigned OMB No.
0580-0013.
Background
The direct final rule published August 2, 1995, (60 FR 39242)
notified the public of amendments to those regulations that prohibit
official agencies to provide official weighing service when they
provide similar unofficial service. GIPSA had planned to allow agencies
to do both official and unofficial weighing within their assigned
areas. Two written adverse comments in response to the direct final
rule were received. The direct final rule was inadvertently not
withdrawn prior to its effective date. The rule became effective on
October 2, 1995. This final rule amends the regulations by reinstating
the regulations that were in effect prior to the effective date of the
direct final rule. The agency now plans to publish a proposed rule for
public comment before taking further action to change the regulations.
Pursuant to 5 U.S.C. 553, it also found and determined that, upon
good cause, it is impracticable, unnecessary and contrary to the public
interest to give preliminary notice or to engage in further public
procedure prior to implementing this action and that good cause exist
for not postponing the effective date of this action until 30 days
after publication in the Federal Register because: (1) This action
reinstates the regulations prior to effective date of the direct final
rule the was inadvertently not withdrawn; and (2) a proposed rule will
be published before any further changes to the regulations are made and
the public will be afforded the opportunity to comment.
Final Action
List of Subjects in 7 CFR Part 800
Administrative practice and procedure, Conflict of interests,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements.
For reasons set forth in the preamble, 7 CFR Part 800 is amended as
follows:
PART 800--GENERAL REGULATIONS
1. The authority citation for Part 800 continues to read as
follows:
Authority: Pub. L. 94-582, 90 Stat. 2867, as amended (7 U.S.C.
71 et seq.)
2. Section 800.76(a) is revised as follows:
Sec. 800.76 Prohibited services; restricted services.
(a) Prohibited services. No agency shall perform any function or
provide any service on the basis of unofficial standards, procedures,
factors, or criteria if the agency is designated or authorized to
perform the service or provide the service on an official basis under
the Act.
* * * * *
3. Section 800.186(c)(3) introductory text is revised to read as
follows:
Sec. 800.186 Standards of conduct.
* * * * *
(c) * * *
(3) Engage in any outside (unofficial) work or activity that:
* * * * *
4. Section 800.195(f)(5)(ii) is revised to read as follows:
Sec. 800.195 Delegations.
* * * * *
[[Page 65236]]
(f) * * *
(5) * * *
(ii) Unofficial activities. The delegated State or personnel
employed by the State shall not perform any unofficial service that is
the same as any of the official services covered by the delegation.
5. Section 800.196(g)(6)(ii) is revised to read as follows:
Sec. 800.196 Delegations
* * * * *
(g) * * *
(6) * * *
(ii) Unofficial activities. The agency or personnel employed by the
agency shall not perform any unofficial service that is the same as the
official services covered by the designation.
* * * * *
Dated: December 8, 1995.
James R. Baker,
Administrator.
[FR Doc. 95-30593 Filed 12-18-95; 8:45 am]
BILLING CODE 3410-EN-M
