# Regulatory Flexibility Act: Review of Regulations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A06-2896 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** March 24, 2006 - **Citation:** 71 FR 14827 ## Text 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of each review will be to determine whether the rules should be continued without change, or should be amended or rescinded (consistent with the objectives of applicable statutes) to minimize impacts on small businesses.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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A06-2896. Public record. Not legal advice.