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Regulatory Flexibility Act: Plan for Periodic Review of Regulations

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Agricultural Marketing Service, USDA.


Schedule for review of agency regulations.


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.

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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.

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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.

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Dated: December 27, 2001.

Kenneth C. Clayton,

Acting Administrator, Agricultural Marketing Service.

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

CFR part & authorityAMS program/regulationYear implementedYear for review
7 part 46; 7 U.S.C. 499a-499tPerishable Agricultural Commodities Act, 1930*19302008
7 part 110; 7 U.S.C. 136i-1Pesticide Recordkeeping19932003
7 part 205; 7 U.S.C. 6501-6522National Organic Program20002010
7 part 905; 7 U.S.C. 601-674Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida19392007
7 part 916; 7 U.S.C. 601-674Nectarines Grown in California19582003
7 part 917; 7 U.S.C. 601-674Fresh Pears and Peaches Grown in California19392003
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7 part 923; 7 U.S.C. 601-674Sweet Cherries Grown in Designated Counties in Washington19572007
7 part 925; 7 U.S.C. 601-674Grapes Grown in a Designated Area of Southeastern California19802006
7 part 927; 7 U.S.C. 601-674Winter Pears Grown in Oregon and Washington19392003
7 part 929; 7 U.S.C. 601-674Cranberries Grown in States of Massachusetts, Rhode Island, etc.19622003
7 Part 930; 7 U.S.C. 601-674Tart Cherries Grown in MI, NY, PA, OR, UT, WA & WI19962006
7 part 948; 7 U.S.C. 601-674Irish Potatoes Grown in Colorado19412006
7 part 966; 7 U.S.C. 601-674Tomatoes Grown in Florida19552002
7 part 981; 7 U.S.C. 601-674Almonds Grown in California19502002
7 part 984; 7 U.S.C. 601-674Walnuts Grown in California19482008
7 part 989; 7 U.S.C. 601-674Raisins Produced from Grapes Grown in California19492004
7 part 993; 7 U.S.C. 601-674Dried Prunes Produced in California19492002
7 part 998; 7 U.S.C. 601-674Marketing Agreement Regulating the Quality of Domestically Produced Peanuts19652005
7 Parts 1000-1139; 7 U.S.C. 601-674Federal Milk Marketing Orders19992009
7 part 1150; 7 U.S.C. 4501-4514Dairy Promotion Program19842002
7 part 1160; 7 U.S.C. 6401-6417Fluid Milk Promotion Program19932003
7 part 1205; 7 U.S.C. 2101-2118Cotton Research and Promotion19962002
7 part 1207; 7 U.S.C. 2611-2627Potato Research and Promotion19722002
7 part 1209; 7 U.S.C. 6101-6112Mushroom Promotion, Research and Consumer Information Order19932004
7 part 1215; 7 U.S.C. 7481-7491Popcorn Promotion, Research and Consumer Information19972007
7 part 1216; 7 U.S.C. 7401-7425Peanut Promotion, Research, and Information Order19992009
7 part 1218; 7 U.S.C. 7401-7425Blueberry Promotion, Research, and Information Order20002010
7 part 1220; 7 U.S.C. 6301-6311Soybean Promotion, Research and Consumer Information19912003
7 part 1230; 7 U.S.C. 4801-4819Pork Promotion, Research, and Consumer Information19862002
7 part 1240; 7 U.S.C. 4601-4612Honey Research, Promotion, and Consumer Information Order19872002
7 part 1250; 7 U.S.C. 2701-2718Egg Research and Promotion19762002
7 part 1260; 7 U.S.C. 2901-2911Beef Promotion and Research19862003
*Regs. Amended 1997.
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[FR Doc. 02-241 Filed 1-3-02; 8:45 am]