Regulatory Flexibility Act: Review of Regulations

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Chapters I, IX, X, and XI

[No. AMS-06-01]

Regulatory Flexibility Act: Review of Regulations

AGENCY:

Agricultural Marketing Service, USDA.

ACTION:

Schedule for review of agency regulations.

SUMMARY:

This document updates the Agricultural Marketing Service's (AMS) schedule for reviewing its regulations under the Regulatory Flexibility Act (RFA). Included in this schedule all regulations that warrant periodic review irrespective of whether specific regulations meet the threshold requirement for mandatory review established by the RFA.

FOR FURTHER INFORMATION CONTACT:

Christine M. Sarcone, Director, Legislative and Regulatory Review Staff, AMS, USDA, 14th & Independence Avenue, SW., Room 3510-South, Washington, DC 20250, 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 of 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 FRA (5 U.S.C. 610) merit 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of each review will be to determine whether the rules should be continued without change, or should be amended or rescinded (consistent with the objectives of applicable statutes) to minimize impacts on small businesses.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 the 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.

This document updates the plan which was published on August 14, 2003 (68 FR 48574). The Agency has modified the plan with respect to Tomatoes Grown in Florida (7 CFR part 966) and Winter Pears grown in Oregon and Washington (7 CFR part 927). With regard to pears, this program has been the subject of substantial regulatory change and we are allowing sufficient time for implementation before asking the public to review the program. With regard to tomatoes, we are continuing our review of that program. We're adding two new programs, Mango Promotion, Research, and Information (7 CFR part 1206) and Mandatory Country of Origin Labeling for Fish and Shellfish (7 CFR part 60) which were implemented in 2004 and will be reviewed in 2014. Results for reviews can be obtained from the person listed in the

FOR FURTHER INFORMATION CONTACT

section in “Confirmation of regulations” document which is published at the completion of each review. The list of reviews completed January 2005 to date include: (1) Raisins Produced from grapes Grown in California, part 989, January 30, 2006 (71 FR 4805); (2) Fluid Milk Promotion Program, March 9, 2005 (70 FR 11535); and (3) Dried Prunes Produced in California, February 13, 2006 (71 FR 7395). The Agency expects to publish review summaries for Cranberries Grown in the States of Massachusetts, Rhode Island, etc. (7 CFR part 929); Potato Research and Promotion Program (7 CFR part 1207); Mushroom Promotion, Research and Consumer Information Order (7 CFR part 1209); Soybean Promotion, Research and Consumer Information (7 CFR part 1220); and Egg Research and Promotion (7 CFR part 1250) later this year.

The attached document announces the revised schedule.

Dated: March 20, 2006.

Lloyd C. Day,

Administrator, Agricultural Marketing Service.

Agricultural Marketing Service 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; Sec. 15, 46 Stat. 537; 7 U.S.C. 499o

Perishable Agricultural Commodities Act, 1930

1930/Regs Amended 1997

2008

7 Part 60; 7 U.S.C. 1621

et seq.

Country of Origin Labeling for Fish and Shellfish

2004

2014

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

National Organic Program

2000

2010

7 Part 905; 7 U.S.C. 6501-674

Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida

1939

2007

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

2008

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

Cranberries Grown in States of Massachusetts, Rhode Island, etc

1962

* 2005

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

2008

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

Walnuts Grown in California

1948

2008

7 Part 996; Secs. 1308, Pub.L. 107-171, 116 Stat. 178 (7 U.S.C. 7958)

Minimum Quality and Handling Standards for Domestic and Imported Peanuts Marketed in the United States

2003

2010

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

Federal Milk Marketing Orders

1999

2009

7 Part 1150; 7 U.S.C. 4501-4513

Dairy Promotion Program

1984

2006

7 Part 1206; 7 U.S.C. 7 U.S.C. 7411-7425

Mango Promotion, Research, and Promotion Order

2004

2014

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

Potato Research and Promotion

1972

* 2005

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

Mushroom Promotion, Research and Consumer Information Order

1993

* 2005

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 1219; 7 U.S.C. 7801-7813

Hass Avocado Promotion, Research, and Information

2003

2010

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

Soybean Promotion, Research and Consumer Information

1991

* 2005

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

Pork Promotion, Research, and Consumer Information

1986

2008

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

Honey Research, Promotion, and Consumer Information Order

1987

2008

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

Egg Research and Promotion

1976

* 2005

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

Beef Promotion and Research

1986

2007

* A notice was published in the

Federal Register

announcing this review. The agency expects to publish a summary later this year.

[FR Doc. 06-2896 Filed 3-23-06; 8:45 am]

BILLING CODE 3410-02-P