[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50693-50694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24845]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 1220
[Docket Number LS-96-005]
Technical Amendments to the Soybean Promotion and Research Order
and Rules and Regulations
AGENCY: Agricultural Marketing Service; USDA.
ACTION: Final rule.
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SUMMARY: This document amends sections contained in the Soybean
Promotion and Research Order (Order) and rules and regulations. 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.
EFFECTIVE DATE: September 27, 1996.
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 202/720-1115.
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 12988 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 12988, 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 this purpose is filed within 20 days
after the date of the entry of the ruling.
Effect on Small Entities
The Agricultural Marketing Service 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
duplicative material. As such, these changes will not impact on persons
subject to the program. There are an estimated 381,000 soybean
producers who pay assessments and an estimated 10,000 first purchasers
who collect assessments.
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.
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 contained in this
rule eliminates sections which are duplicative or obsolete or will
avoid conflicting information.
The amendments eliminate certain sections dealing with procedures
for refunds and for establishing escrow funds (Secs. 1220.228(b)(5)(ii)
through (b)(6)(iii), (Sec. 1220.330 through Sec. 1220.331); and
nomination procedures for the initial United Soybean Board
(Sec. 1220.500 through Sec. 1220.550).
Sections which are obsolete involve procedures for conducting a
producer poll (Sec. 1220.701 through Sec. 1220.731); two sections
citing the Paperwork Reduction Act are duplicative (Sec. 1220.332 and
Sec. 1220.555), one Paperwork Reduction Act citation remains at
Sec. 1220.257 and is amended.
The sections on refund provisions 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, by means of a poll, 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. Procedures for the conduct of the
producer poll became obsolete after the producer poll was conducted in
July 1995.
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 the sections
being removed are either
[[Page 50694]]
duplicative or obsolete and removal will not alter any aspect of the
program.
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. 228 [Amended]
Center Heading ``Refund of Assessments'' Secs. 1220.330--120.332,
Secs. 1220.500--1220.555 (Subpart D) and Secs. 1220.701--1220.731
(Subpart F) [Removed and reserved]
2. In part 1220, Secs. 1220.228 (b)(5)(ii) through (b)(6)(iii),
1220.330 through 1220.332 and the undesignated centerheading, Subpart D
consisting of Secs. 1220.500 through 555, and Subpart F Consisting of
Secs. 1220.701 through 1220.731 are removed and reserved.
Sec. 1220.257 [Amended]
3. In Sec. 1220.257, the words ``of 1980'' are removed.
Dated: September 23, 1996.
Michael V. Dunn,
Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 96-24845 Filed 9-26-96; 8:45 am]
BILLING CODE 3410-02-P
