Regulatory Flexibility Act: Plan for Periodic Review of Regulations

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Chapters I, IX, X, and XI

[Doc. # L&RRS-01-01]

Regulatory Flexibility Act: Plan for Periodic Review of Regulations

AGENCY:

Agricultural Marketing Service, USDA.

ACTION:

Schedule for review of agency regulations.

SUMMARY:

The Agricultural Marketing Service (AMS) is publishing this plan for the review of its regulations under the Regulatory Flexibility Act (RFA). AMS has included in this plan all regulations that warrant periodic review irrespective of whether specific regulations meet the threshold requirement for mandatory review established by the RFA. The identified rules will be reviewed as indicated during the next ten years.

FOR FURTHER INFORMATION CONTACT:

Christine M. Sarcone, Director, Legislative and Regulatory Review Staff, AMS, USDA, P.O. Box 96456, Room 3510-South, Washington, D.C. 20090-6456; telephone: (202) 720-3203; fax: (202) 690-3767.

SUPPLEMENTARY INFORMATION:

Background

Sec. 610 of the RFA (5 U.S.C. 610) requires agencies to review all regulations on a periodic basis that have or will have a significant economic impact on a substantial number of small entities. Because many AMS regulations impact small entities, AMS decided, as a matter of policy, to review certain regulations which although they may not meet the threshold requirement under Sec. 610 of the RFA (5 U.S.C. 610) merit review.

This document updates the original plan which was published on February 18, 1999 (64 FR 8014). Since then, two reviews have been completed and summaries of the results published in the

Federal Register

—(1) California Olives, (7 CFR part 932), March 27, 2001 (66 FR 16593); and (2) Federal Seed Act Regulations, (7 CFR part 201), March 22, 2001 (66 FR 16015). Copies of these two completed reviews can be obtained from the Legislative and Regulatory Review Staff at the telephone number provided in the

FOR FURTHER INFORMATION CONTACT

section of this document. In addition, two other reviews have been completed with summaries of the results to be published in the

Federal Register

in the near future—(1) Watermelon Research and Promotion Program (7 CFR part 1210); and (2) Irish Potatoes Grown in Certain Designated Counties in ID, and Malheur County, OR (7 CFR part 945).

In the 1999 review plan, AMS stated that reviews for the Dairy Promotion Program, Potato Research and Promotion, Egg Research and Promotion, and Pork Promotion, Research and Consumer Information regulations would be conducted in calendar year 2001; however, it was determined that completion of such reviews was not feasible by the established dates, therefore, review of the regulations has been delayed until year 2002. In addition, a request for comments was published in the

Federal Register

on June 13, 2001, (66 FR 31850) for Almonds Grown in California (7 CFR part 981). However, completion of this review also has been delayed until year 2002.

AMS also stated that it would announce regulations to be reviewed in the semi-annual regulatory agenda which is published in the

Federal Register

; however, after further consideration, the agency has decided that it would announce the reviews in the

Federal Register

separate from the semi-annual regulatory agenda. AMS plans now to publish in the year the regulations are scheduled for review a

Federal Register

document announcing the review. At that time, a contact person will be identified to whom comments may be submitted concerning the review.

The purpose of each review will be to determine whether the rules should be continued without change, or should be amended or rescinded (consistent with the objectives of applicable statutes) to minimize impacts on small businesses. In reviewing its rules the AMS will consider the following factors:

(1) The continued need for the rule;

(2) The nature of complaints or comments from the public concerning the rule;

(3) The complexity of the rule;

(4) The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules and, to the extent feasible, with state and local regulations; and

(5) The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule.

The attached document announces the revised schedule for reviewing the agency's regulations.

Dated: December 27, 2001.

Kenneth C. Clayton,

Acting Administrator, Agricultural Marketing Service.

Agricultural Marketing Service 10-Year Review Plan for Regulations Identified for Section 610 Review Regulatory Flexibility Act

CFR part & authority

AMS program/regulation

Year

implemented

Year for

review

7 part 46; 7 U.S.C. 499a-499t

Perishable Agricultural Commodities Act, 1930

*1930

2008

7 part 110; 7 U.S.C. 136i-1

Pesticide Recordkeeping

1993

2003

7 part 205; 7 U.S.C. 6501-6522

National Organic Program

2000

2010

7 part 905; 7 U.S.C. 601-674

Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida

1939

2007

7 part 916; 7 U.S.C. 601-674

Nectarines Grown in California

1958

2003

7 part 917; 7 U.S.C. 601-674

Fresh Pears and Peaches Grown in California

1939

2003

7 part 923; 7 U.S.C. 601-674

Sweet Cherries Grown in Designated Counties in Washington

1957

2007

7 part 925; 7 U.S.C. 601-674

Grapes Grown in a Designated Area of Southeastern California

1980

2006

7 part 927; 7 U.S.C. 601-674

Winter Pears Grown in Oregon and Washington

1939

2003

7 part 929; 7 U.S.C. 601-674

Cranberries Grown in States of Massachusetts, Rhode Island, etc.

1962

2003

7 Part 930; 7 U.S.C. 601-674

Tart Cherries Grown in MI, NY, PA, OR, UT, WA & WI

1996

2006

7 part 948; 7 U.S.C. 601-674

Irish Potatoes Grown in Colorado

1941

2006

7 part 966; 7 U.S.C. 601-674

Tomatoes Grown in Florida

1955

2002

7 part 981; 7 U.S.C. 601-674

Almonds Grown in California

1950

2002

7 part 984; 7 U.S.C. 601-674

Walnuts Grown in California

1948

2008

7 part 989; 7 U.S.C. 601-674

Raisins Produced from Grapes Grown in California

1949

2004

7 part 993; 7 U.S.C. 601-674

Dried Prunes Produced in California

1949

2002

7 part 998; 7 U.S.C. 601-674

Marketing Agreement Regulating the Quality of Domestically Produced Peanuts

1965

2005

7 Parts 1000-1139; 7 U.S.C. 601-674

Federal Milk Marketing Orders

1999

2009

7 part 1150; 7 U.S.C. 4501-4514

Dairy Promotion Program

1984

2002

7 part 1160; 7 U.S.C. 6401-6417

Fluid Milk Promotion Program

1993

2003

7 part 1205; 7 U.S.C. 2101-2118

Cotton Research and Promotion

1996

2002

7 part 1207; 7 U.S.C. 2611-2627

Potato Research and Promotion

1972

2002

7 part 1209; 7 U.S.C. 6101-6112

Mushroom Promotion, Research and Consumer Information Order

1993

2004

7 part 1215; 7 U.S.C. 7481-7491

Popcorn Promotion, Research and Consumer Information

1997

2007

7 part 1216; 7 U.S.C. 7401-7425

Peanut Promotion, Research, and Information Order

1999

2009

7 part 1218; 7 U.S.C. 7401-7425

Blueberry Promotion, Research, and Information Order

2000

2010

7 part 1220; 7 U.S.C. 6301-6311

Soybean Promotion, Research and Consumer Information

1991

2003

7 part 1230; 7 U.S.C. 4801-4819

Pork Promotion, Research, and Consumer Information

1986

2002

7 part 1240; 7 U.S.C. 4601-4612

Honey Research, Promotion, and Consumer Information Order

1987

2002

7 part 1250; 7 U.S.C. 2701-2718

Egg Research and Promotion

1976

2002

7 part 1260; 7 U.S.C. 2901-2911

Beef Promotion and Research

1986

2003

*Regs. Amended 1997.

[FR Doc. 02-241 Filed 1-3-02; 8:45 am]

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