[Federal Register Volume 60, Number 228 (Tuesday, November 28, 1995)]
[Rules and Regulations]
[Pages 58501-58502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28926]
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[[Page 58502]]
DEPARTMENT OF AGRICULTURE
7 CFR Part 1260
[No. LS-95-012]
Technical Amendments to the Beef 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 Beef Promotion and Research Order (Order) and
rules and regulations implementing the beef promotion and research
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
Cattlemen's Beef Promotion and Research 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;
P.O. Box 96456; Washington, DC. 20090-6456; telephone 202/202-1115.
SUPPLEMENTARY INFORMATION: This rule amends the Order and Rules and
Regulations (7 CFR part 1260). The Order and regulations are effective
under the Beef Promotion and Research Act of 1985 (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 section 11 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.
Paperwork Reduction
Information collection requirements and recordkeeping provisions
contained in 7 CFR part 1260 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. 1260.580 and
Sec. 1260.590). Other sections (Sec. 1260.150, 151, 173, 174, and 181)
originally implemented a statutory provision allowing producers to
request refunds prior to the May 1988 referendum and provided for
establishing escrow accounts to pay refunds. These sections became
obsolete after a referendum in which producers voted in favor of
mandatory assessments.
A definition which is obsolete as a consequence of removing the
sections it pertains to is: Referendum (Sec. 1260.110).
After consideration of all relevant material with regard to the
removal 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: The
sections being removed are either duplicative or obsolete and removal
will not alter any aspect of the program.
List of Subjects in 7 CFR Part 1260
Advertising, Agricultural research, Imports, Marketing agreements,
Meat and meat products, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR part 1260 is
amended as follows:
PART 1260--BEEF PROMOTION AND RESEARCH
1. The authority citation for part 1260 is revised to read as
follows:
Authority: 7 U.S.C. 2901-2911.
2. In part 1260, Secs. 1260.110, 1260.150(i) and (j), 1260.151(c),
1260.173, 1260.174, 1260.181(b)(5), 1260.580, and 1260.590 are removed
and reserved.
Secs. 1260.110, 1260.173, 1260.174, 1260.580, and 1260.590 [Removed
and reserved]
Secs. 1260.150, 1260.151, and 1260.181 [Amended]
Dated: November 20, 1995.
Lon Hatamiya,
Administrator.
[FR Doc. 95-28926 Filed 11-27-95; 8:45 am]
BILLING CODE 3410-02-P
