[Federal Register Volume 60, Number 228 (Tuesday, November 28, 1995)]
[Rules and Regulations]
[Pages 58499-58500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28923]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 1220
[No. LS-95-014]
Technical Amendments to the Soybean Promotion and Research Order
and Rules and Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule and Termination Order.
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SUMMARY: A review of the Soybean Promotion and Research Order (Order)
and rules and regulations implementing the soybean promotion and
research program identified a number of changes to eliminate sections
which are duplicative or obsolete and will avoid current and future
conflict, and correct an administrative error. The revisions eliminate
certain sections dealing with membership on the United Soybean
[[Page 58500]]
Board (Board), obtaining refunds, and other miscellaneous provisions.
EFFECTIVE DATE: December 28, 1995.
FOR FURTHER INFORMATION CONTACT: Ralph L. Tapp, Chief; Marketing
Programs Branch, Room 2606-S; Livestock and Seed Division, AMS, USDA;
PO Box 96456; Washington, DC 20090-6456; telephone 202/720-1115.
SUPPLEMENTARY INFORMATION: This rule amends the Order and Rules and
Regulations (7 CFR part 1220). The Order and regulations are effective
under the Soybean Promotion, Research, and Consumer Information Act
(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 and the Regulatory Flexibility Act
This rule has been determined to be not significant for purposes of
Executive Order 12866 and therefore has not been reviewed by the Office
of Management and Budget (OMB).
This rule was reviewed under Executive Order 12778, Civil Justice
Reform. It is not intended to have a 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 Sec. 1971 of the Act, a
person subject to the Order may file a petition with the Secretary
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 a hearing, the Secretary would rule on the petition.
The Act provides that the district courts 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 (AMS) 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 to correct an
administrative error.
Paperwork Reduction
Information collection requirements and recordkeeping provisions
contained in 7 CFR part 1220 have been previously approved by OMB 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 paragraphs were identified that could be removed
without adverse impact to the program. The amendments eliminate
sections which are duplicative or obsolete or will avoid conflicting
information.
Sections which are obsolete or are duplicated in other sections
involve initial membership on the Board (Sec. 1220.500-560) and
authority for three temporary members on the initial Board
(Sec. 1220.201(f)).
Other sections (Sec. 1220.224, 225, 226, 227, and Sec. 1220.330 and
331) originally implemented a statutory provision allowing producers to
request refunds prior to and after the continuance referendum. These
sections became obsolete after a February 1994 referendum in which
producers voted in favor of mandatory assessments based on 10 percent
escrowed assessments paid at the end of each State's fiscal year.
In July 1995, producers were provided the opportunity to request a
refund referendum to determine whether refunds (at 10 percent of
escrowed funds) should continue. The number of producers required to
cause a referendum to be conducted did not sign the poll. Therefore, a
referendum will not be held and refunds were eliminated as of October
1, 1995. Provisions for establishing escrow accounts (Sec. 1220.212(j);
Sec. 1220.228(a)(1) (v) through (vi); and Sec. 1220.228(b)(5) (i)
through (6)(iii)) are no longer applicable and should be removed, the
sections they pertain to are: Continuance referendum (Sec. 1220.106);
Producer poll (Sec. 1220.120); and Refund referendum (Sec. 1220.124).
In addition, Sec. 1220.312(b) has been revised to move Virginia
from the monthly column to the quarterly column to correct an error.
After consideration of all relevant material with regard to the
termination of the provisions as hereinafter set forth, it is found
that these provisions no longer tend to effectuate the declared policy
of the Act.
Pursuant to 5 U.S.C. 553, it is 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 because: (1) The
sections being removed are either duplicative or obsolete and removal
will not alter any aspect of the program; and (2) changing the status
of Virginia from monthly to quarterly for remittance of assessments is
an action to correct an error that will not affect program
implementation.
List of Subjects in 7 CFR Part 1220
Administrative practice and procedure, Advertising, Agricultural
research, Soybeans and soybean products, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 1220 is
amended as follows:
PART 1220--SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION
1. The authority citation for part 1220 continues to read as
follows:
Authority: 7 U.S.C. 6301-6311.
Secs. 1220.106, 1220.120, 1220.124, 1220.224-1220.227 [Removed and
reserved]; Secs. 1220.201, 1220.212 and 1220.228 [Amended]
2. In part 1220, Secs. 1220.106, 1220.120, 1220.124, 1220.201(f),
1220.212(j), 1220.224 through 1220.227, 1220.228(a)(1) (v) and (vi),
1220.228(b)(5) (i) and (b)(6)(iii) are removed and reserved.
Sec. 1220.312 [Amended]
3. Section 1220.312 is amended in paragraph (b) by removing the
word ``Virginia'' in the Monthly column and adding the word
``Virginia'' in the Quarterly column, in alphabetical order,
immediately following the word South Dakota.
Dated: November 20, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-28923 Filed 11-27-95; 8:45 am]
BILLING CODE 3410-02-P
