[Federal Register Volume 61, Number 41 (Thursday, February 29, 1996)]
[Rules and Regulations]
[Pages 7687-7688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4587]
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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. 61, No. 41 / Thursday, February 29, 1996 /
Rules and Regulations
[[Page 7687]]
DEPARTMENT OF AGRICULTURE
Grain Inspection, Packers and Stockyards Administration
7 CFR Part 868
Removal of U.S. Grade Standards
AGENCY: Grain Inspection, Packers and Stockyards Administration.
ACTION: Interim final rule with request for comments.
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SUMMARY: This rule will remove the voluntary U.S. grade standards for
Beans, Whole Dry Peas, Split Peas, and Lentils from the Code of Federal
Regulations (CFR). These are an accumulation of regulations which have
been developed for more than 75 years to facilitate the marketing of
agricultural commodities by providing a uniform language which may be
used to describe the quality of various agricultural commodities as
valued in the marketplace. The voluntary standards and all subsequent
revisions or new standards will be made available in a separate
publication. 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.
In carrying out this responsibility, the Administrator of the Grain
Inspection, Packers and Stockyards Administration (GIPSA), will ensure
that proposed, new or revised voluntary standards will appear in the
``Notices'' section of the Federal Register and that the public will
have an opportunity to comment.
EFFECTIVE DATE: February 29, 1996. Comments must be received by April
29, 1996.
ADDRESSES: Interested persons are invited to submit written comments
concerning this interim final rule. Written comments may mailed or
faxed to George Wollam, Regulatory Liaison, USDA, GIPSA, Room 0623-S,
P.O. Box 96454, Washington, DC 20090-6454; FAX (202) 720-4628. Comments
may also be sent by electronic mail or Internet to:
gwollam@fgis.usda.gov.
All comments received will be available for public inspection
during regular business hours in Room 0623-South Building, 1400
Independence Avenue, S.W., Washington, D.C. (7 CFR 1.27(b)).
FOR FURTHER INFORMATION CONTACT: George Wollam (202) 720-0292.
SUPPLEMENTARY INFORMATION: 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 Order 12866
The Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
Executive Order 12778
This rule has been reviewed under Executive Order 12778, Civil
Justice Reform. This rule is not intended to have preemptive effect
with respect to any State or local laws, regulations, or policies
unless they present an irreconcilable conflict with this rule. This
rule is not intended to have retroactive effect. There are no
administrative procedures which must be exhausted prior to any judicial
challenge to this rule or the application of its provisions.
Effect on Small Entities
This action was reviewed under the Regulatory Flexibility Act (RFA)
(5 U.S.C 601 et seq.). The Administrator of (GIPSA) has determined that
this action will not have a significant economic impact on a
substantial number of small entities. Although this action will remove
provisions from the CFR, small entities should see no changes as the
standards will be administered under the direction of the Administrator
to ensure public input to their formulation and convenient availability
to those who want copies of the standards.
Paperwork Reduction Act
In accordance with the provisions of the Paperwork Reduction Act,
the information collection requirements contained in the provisions to
be amended have been previously approved by the Office of Management
and Budget under control number 0580-0013.
Background
The Grain Inspection, Packers and Stockyards Administration is
delegated by the Secretary of Agriculture, under the Agricultural
Marketing Act of 1946 (AMA), to provide programs for Federal grading/
certification services and to develop and establish efficient marketing
methods and practices for designated agricultural commodities. For many
years these agricultural programs have facilitated the marketing of
agricultural commodities by developing official U.S. grade standards
which provide uniform language that may be used to describe the
characteristics of more than 19 commodities as valued by the market
place. The AMA standards are widely used in private contracts,
government procurement, marketing communication and, for some
commodities, consumer information. The standards through the years have
been promulgated as regulations and codified in the CFR.
Rapid changes in consumer preferences, together with associated
changes in commodity characteristics, processing technology, and
marketing practices have out paced the revision or issuance of
regulations. As a result, industry and the marketplace could be
burdened with outdated trading language. The President's regulatory
review initiative has provided the impetus to develop new approaches to
develop new approaches to meet more effectively the needs of U.S.
industry, government agencies, and consumers and still reduce the
regulatory burden.
To meet this initiative, regulations that are currently in the CFR
which could be administered under the authority of GIPSA are being
removed from the CFR. With respect to the official grade standards
except those used to implement government price support. Therefore, the
grade standards for Rice (7 CFR Secs. 868.201-316) will continue to
appear in the CFR, although the text will also be available from GIPSA,
along with other grade standards.
This rule eliminates selected regulations which encompass
approximately 22 pages of the CFR covering: Standards for Beans, Whole
Dry Peas, Split Peas, and Lentils.
[[Page 7688]]
The following is an outline of those standards being removed from
the CFR.
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CFR section Title of standards being removed from the CFR
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868.101-142... Subpart B--United States Standards for Beans.
868.401-410... Subpart F--United States Standards for Whole Dry Peas.
868.501-510... Subpart G--United States Standards for Split Peas.
868.601-611... Subpart H--United States Standards for Lentils.
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To ensure that these standards will be developed, issued, and
revised in accordance with procedures that continue to ensure a fair
and open process, all new and proposed revisions to standards being
removed from the CFR's will be published in the Federal Register as
``Notice'' with adequate time for public comment. A final version of
the standard will also be published in the Federal Register.
In developing or revising existing grade standards, the
Administrator must first determine that a new or revised standard is
needed to facilitate trade in a particular commodity. Second, because
use of the standards is voluntary, there must be demonstrated interest
and support from the affected industry or other interested parties. And
third, the standards must be practical to use.
The initial requests for development or revision of a standard may
come from the industry, trade or consumer groups, State departments of
agriculture, the U.S. Department of Agriculture, or others. Once a
request has been received, GIPSA will coordinate procedures to gather
information needed to move forward with the new or revised standard.
After this process is completed, a notice of proposed standards change
will be published in the Federal Register to solicit comment from any
interested parties (normally 30 to 60 days). After evaluating the
comments received from interested parties, GIPSA will determine whether
to proceed, develop a new proposal, or terminate the process. The
public will be informed through a press release and notice in the
Federal Register.
In addition to publication in the Federal Register, GIPSA will
distribute copies of each standard on request as a pamphlet or other
means under the direction of the Administrator of GIPSA.
Pursuant to 5 U.S.C. 553, it is also found and determined upon good
cause that it is impracticable, unnecessary, and contrary to the public
interest to give preliminary notice prior to putting this rule into
effect and that good cause exists for not postponing the effective date
of this rule until 30 days after publication in the Federal Register
because: (1) The standards are voluntary; (2) no changes are being made
to the standards by this docket, and (3) this is in-line with the
President's regulatory review initiative.
List of Subjects in 7 CFR Part 868
Administrative practice and procedures, Agricultural commodities,
Beans, Whole Dry Peas, Split Peas, and Lentils.
For the reasons set forth in the preamble, 7 CFR Part 868 is
amended as follows:
PART 868--GENERAL REGULATIONS AND STANDARDS FOR CERTAIN
AGRICULTURAL COMMODITIES
1. The authority citation for Part 868 continues to read as
follows:
Authority: Secs. 202-208, 60 Stat. 1087, as amended (7 U.S.C.
1621 et seq.).
Subpart B (Secs. 868.101-868.142)--[Removed and Reserved]
2. In part 868, Subpart B (Secs. 868.101 through 868.142) is
removed and reserved.
Subpart F (Secs. 868.401-868.410)--[Removed]
3. In part 868, Subpart F (Secs. 868.401 through 868.410) is
removed.
Subpart G (Secs. 868.501-868.510)--[Removed]
4. In part 868, Subpart G (Secs. 868.501 through 868.510) is
removed.
Subpart H (Secs. 868.601-868.611)--[Removed]
5. In part 868, Subpart H (Secs. 868.601 through 868.611) is
removed.
David R. Shipman,
Acting Administrator.
[FR Doc. 96-4587 Filed 2-28-96; 8:45 am]
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