[Federal Register Volume 63, Number 42 (Wednesday, March 4, 1998)]
[Rules and Regulations]
[Pages 10491-10493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5545]
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Rules and Regulations
Federal Register
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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
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Federal Register / Vol. 63, No. 42 / Wednesday, March 4, 1998 / Rules
and Regulations
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 900, 929, 982, and 989
[Docket No. FV97-900-1 FR]
General Regulations; Revision or Removal of Selected Sections
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This rule revises or removes various sections and parts from
the Code of Federal Regulations (CFR). This rule revises the general
regulations for Federal marketing orders and agreements covering
fruits, vegetables, and nuts by updating the subpart regarding
information collection. This rule removes sections titled ``Reserved''
from three marketing orders covering cranberries, Oregon-Washington
hazelnuts, and California raisins, respectively. This rule also removes
two parts from the CFR titled ``Reserved'' that used to specify
marketing orders covering Florida grapefruit. The Florida grapefruit
orders were terminated in 1987. These changes will provide more
accurate information in the CFR and will eliminate unnecessary CFR
printing costs.
EFFECTIVE DATE: March 5, 1998.
FOR FURTHER INFORMATION CONTACT: Christian Nissen, Regional Manager,
Southeast Marketing Field Office, Marketing Order Administration
Branch, F&V, AMS, USDA, P.O. Box 2276, Winter Haven, Florida 33883;
telephone (941) 299-4770, Fax: (941) 299-5169; or Anne Dec, Marketing
Order Administration Branch, AMS, USDA, P.O. Box 96456, room 2525-S,
Washington, DC 20090-6456; telephone (202) 720-2491, Fax: (202) 720-
5698.
SUPPLEMENTARY INFORMATION: This action is being taken as part of the
National Performance Review Program to eliminate unnecessary
regulations and improve those that remain in force.
The Agency has determined that this action is only administrative
in nature because it involves updating the subpart regarding
information collection to reflect the display of current Office of
Management and Budget (OMB) control numbers and removing references to
sections or parts that are titled ``Reserved.'' This action is not
subject to the requirements of Executive Orders 12866 and 12988 or to
the provisions of the Regulatory Flexibility Act.
This rule revises or removes various sections and parts from the
CFR concerning Federal marketing orders and agreements for fruits,
vegetables, and nuts. This rule revises the general regulations for
such orders by updating the subpart regarding information collection.
This rule removes sections titled ``Reserved'' from the cranberry,
hazelnut, and raisin marketing orders. This rule also removes two parts
from the CFR that used to specify marketing orders covering Florida
grapefruit.
The Agricultural Marketing Agreement Act of 1937 (Act) provides
authority for Federal marketing orders for various fruits, vegetables,
and nuts. The programs are initiated by interested industries and voted
on by those in the industries. Marketing orders are administered
locally by industry committees with oversight by the Secretary of
Agriculture (Secretary). A marketing order allows an industry to solve
marketing problems by establishing grade, size, quality, maturity,
quantity and container regulations that apply to all handlers in the
industry. Such marketing orders and their accompanying regulations are
codified in the CFR.
The Secretary was directed by the President, as part of a
regulatory reinvention initiative, to review all existing regulations
concerning Federal marketing orders and other programs in an effort to
reduce regulations that may be burdensome on industries. To meet this
initiative, regulations which need revision or are obsolete are being
revised or removed.
Accordingly, this rule revises part 900 of the CFR which specifies
general regulations that apply to all such marketing orders. For
example, part 900 specifies procedures for promulgating new marketing
orders, petitions to modify existing orders, and procedures for the
conduct of grower referenda for marketing orders. Part 900 also
contains a subpart pertaining to the collection of information under
marketing orders. Specifically, Sec. 900.601 specifies a list of
control numbers assigned to the information collection requirements by
the Office of Management and Budget (OMB) contained in 7 CFR parts 905
through 998 under the Paperwork Reduction Act (PRA) of 1995. This rule
revises this section to reflect the promulgation and termination of
marketing orders and agreements since 1987. This section is also
revised to reflect that the information collection under 16 marketing
orders has been consolidated under the OMB control number 0581-0178.
This rule also changes the reference to the PRA in Secs. 900.600 and
900.601 to reflect that the PRA of 1980 was amended in 1995.
This rule also removes five sections titled ``Reserved'' from the
cranberry, hazelnut, and raisin marketing orders which are codified in
parts 929, 982, and 989, respectively. These sections, 929.16 of the
cranberry order, 982.432 and 982.457 of the hazelnut order, and 989.6
and 989.211 of the raisin order, contain no regulatory text, only the
designation ``Reserved.'' These sections were previously terminated in
accordance with the Act. It is not necessary for these sections to
appear in their respective marketing orders. Similarly, this rule
removes two parts from 7 CFR which are also titled ``Reserved.'' Parts
912 and 913 of 7 CFR used to specify two separate marketing orders for
Florida grapefruit. These two orders were terminated in 1987 in
accordance with the Act and it is unnecessary to designate these parts
as ``Reserved.'' Having these five sections and two parts appear in
each publication of the CFR is an extraneous use of space and removing
them reduces unwarranted printing costs.
The changes made by this rule are purely administrative. This rule
revises a list of marketing orders to reflect additions and
terminations since the section was last amended. This rule makes no
changes to any established regulation. This rule also eliminates five
sections and two parts in the CFR that contain only the word
``Reserved.'' There is no need for these sections or parts to be
reserved, so they are being removed. These changes will update the CFR
to provide current information and
[[Page 10492]]
delete various sections and parts that will result in reduced CFR
printing costs.
Pursuant to 5 U.S.C. 553, it is found and determined upon good
cause that it is unnecessary and contrary to the public interest to
give preliminary notice or to engage in further public rulemaking
procedures prior to putting this rule into effect and that there is
good cause for making this rule effective less than 30 days after
publication in the Federal Register because: (1) The changes are purely
administrative in nature and impose no regulation or additional burden
on any entity; (2) the changes will not alter any aspect of an existing
program; and (3) no useful purpose would be served by delaying the
effective date of this action.
List of Subjects
7 CFR Part 900
Administrative practice and procedure, Freedom of information,
Marketing agreements, Reporting and recordkeeping requirements.
7 CFR Part 929
Cranberries, Marketing agreements, Reporting and recordkeeping
requirements.
7 CFR Part 982
Filberts, Hazelnuts, Marketing agreements, Nuts, Reporting and
recordkeeping requirements.
7 CFR Part 989
Grapes, Marketing agreements, Raisins, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR parts 900, 912,
913, 929, 982, and 989 are amended as follows:
PART 900--GENERAL REGULATIONS
1. The authority citation for 7 CFR part 900, Subpart--Information
Collection continues to read as follows:
Authority: 44 U.S.C. Ch. 35.
2. In part 900, Secs. 900.600 and 900.601 are revised to read as
follows:
Sec. 900.600 General.
This subpart shall contain such requirements as pertain to the
information collection provisions under the Paperwork Reduction Act of
1995.
Sec. 900.601 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
(a) Purpose. This section collects and displays the control numbers
assigned to information collection requirements by the Office of
Management and Budget contained in 7 CFR parts 905 through 998 under
the Paperwork Reduction Act of 1995.
(b) Display.
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Current OMB
7 CFR part where identified and described control No.
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905, Florida Oranges, Grapefruit Tangerines, Tangelos...... 0581-0094
906, Texas Oranges & Grapefruit............................ 0581-0068
911, Florida Limes......................................... 0581-0091
915, Florida Avocados...................................... 0581-0078
916, California Nectarines................................. 0581-0072
917, California Pears and Peaches.......................... 0581-0080
920, California Kiwifruit.................................. 0581-0149
922, Washington Apricots................................... 0581-0095
923, Washington Sweet Cherries............................. 0581-0133
924, Washington-Oregon Fresh Prunes........................ 0581-0134
925, S.E. California Desert Grapes......................... 0581-0109
927, Oregon-Washington-California Winter Pears............. 0581-0089
928, Hawaiian Papayas...................................... 0581-0102
929, Cranberries Grown in Designated States 0581-0103......
930, Red Tart Cherries..................................... 0581-0177
931, Oregon-Washington Bartlett Pears...................... 0581-0092
932, California Olives..................................... 0581-0142
945, Idaho-Eastern Oregon Potatoes......................... 0581-0178
946, Washington Potatoes................................... 0581-0178
947, Oregon-California Potatoes............................ 0581-0178
948, Colorado Potatoes..................................... 0581-0178
953, Southeastern Potatoes................................. 0581-0178
955, Vidalia Onions........................................ 0581-0178
956, Walla Walla Onions.................................... 0581-0178
958, Idaho-Oregon Onions................................... 0581-0178
959, South Texas Onions.................................... 0581-0178
966, Florida Tomatoes...................................... 0581-0178
979, South Texas Melons.................................... 0581-0178
981, California Almonds.................................... 0581-0071
982, Oregon-Washington Hazelnuts........................... 0581-0178
984, California Walnuts.................................... 0581-0178
985, Spearmint Oil......................................... 0581-0065
987, California Dates...................................... 0581-0178
989, California Raisins.................................... 0581-0178
993, California Dried Prunes............................... 0581-0178
997, Domestic Peanuts Not Covered Under the Peanut
Marketing Agreement....................................... 0581-0163
998, Domestic Peanuts Covered Under the Peanut Marketing
Agreement................................................. 0581-0067
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[[Page 10493]]
PARTS 912-913--[REMOVED]
3. Under the authority of 7 U.S.C. 1621-1627, parts 912 and 913 are
removed.
PART 929--[AMENDED]
4. The authority citation for 7 CFR part 929 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
Sec. 929.16 [Removed]
5. In part 929, Sec. 929.16 is removed.
PART 982--[AMENDED]
6. The authority citation for 7 CFR part 982 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
Secs. 982.432 and 982.457 [Removed]
7. In part 982, Secs. 982.432 and 982.457 are removed.
PART 989--[AMENDED]
8. The authority citation for 7 CFR Part 989 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
Secs. 989.6 and 989.211 [Removed]
9. In part 989, Secs. 989.6 and 989.211 are removed.
Dated: February 20, 1998.
Robert C. Keeney,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 98-5545 Filed 3-3-98; 8:45 am]
BILLING CODE 3410-02-P
