[Federal Register Volume 61, Number 43 (Monday, March 4, 1996)]
[Rules and Regulations]
[Page 8224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4841]
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DEPARTMENT OF COMMERCE
50 CFR Part 290
[Docket No. 960221042-6042-01; I.D. 122195B]
RIN 0648-A159
Fishery Marketing Cooperatives; Issuance of Cease and Desist
Orders; Removal of Regulation
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS amends the Code of Federal Regulations (CFR) to remove a
regulation that is no longer needed concerning the issuance of cease
and desist orders to associations of aquatic products. This action is
consistent with the President's Regulatory Reform Initiative.
EFFECTIVE DATE: March 4, 1996.
FOR FURTHER INFORMATION CONTACT: Bruce C. Morehead, (301)713-2358.
SUPPLEMENTARY INFORMATION: On March 4, 1995, as part of the President's
Regulatory Reform Initiative, the President directed agencies to
conduct a page-by-page review of all regulations and eliminate or
revise those that are outdated or otherwise in need of reform. After
conducting a review of 50 CFR part 290, it was determined that it was
no longer needed and could be removed.
Part 290 of title 50 CFR provides a remedy under the authority of
The Act of June 25, 1934 (48 Stat. 1213) (Act), whereby an association
of producers of aquatic products (association) authorized by the Act
may be ordered by the Secretary of Commerce (Secretary) to cease and
desist from monopolizing or restraining trade to such an extent the
price of any aquatic product is unduly enhanced. The regulation
provides for a proceeding initiated by the filing of a complaint
against an association with the Secretary. Since the establishment of
NOAA 25 years ago under Reorganization Plan No. 4 of 1970 (84 Stat.
2090), no such complaints have been filed and NMFS is unaware of any
such complaints that may be filed. Therefore, 50 CFR part 290 is no
longer needed and is being removed.
Classification
Because this rule merely removes a regulation that is no longer
necessary, no useful purpose would be served by providing prior notice
and opportunity for public comment. Accordingly, under 5
U.S.C.553(b)(3)(B), for good cause, the Assistant Administrator for
Fisheries, NOAA (AA) finds that it is unnecessary to provide prior
notice and an opportunity for public comment for this rule. Also,
because this rule merely removes a regulation that is no longer needed,
the AA finds that no useful purpose would be served by delaying the
rule's effective date for 30 days. Therefore, this rule is made
effective upon publication.
This final rule has been determined to be not significant for the
purpose of E.O. 12866.
List of Subjects in 50 CFR Part 290
Administrative practice and procedure, Antitrust, Cooperatives,
Fisheries
Dated: February 26, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, under the authority of 70
Stat. 1121, as amended; 16 U.S.C. 742 (c), as amended; and
Reorganization No. 4 of 1970, 50 CFR part 290 is removed and Subchapter
J is vacated.
[FR Doc. 96-4841 Filed 3-1-96; 8:45 am]
BILLING CODE 3510-22-F
