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Proposed Rule

Regulatory Flexibility Act: Review of Regulations

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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.

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FOR FURTHER INFORMATION CONTACT:

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

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SUPPLEMENTARY INFORMATION:

Background

Section 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of each review will be to determine whether the rules should be continued without change, or should be amended or rescinded (consistent with the objectives of applicable statutes) to minimize impacts on small businesses.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 January 4, 2002 (67 FR 525). Part 998, Marketing Agreement Regulating the Quality of Domestically Produced Peanuts, was removed from the plan because of the recently passed Farm Security and Rural Investment Act of 2002 which mandated that the program be terminated and a new program created. The new program, Minimum Quality and Handling Standards for Domestic and Imported Peanuts, along with several other new programs will be reviewed in 2010. Other changes have been made in the plan to space out the reviews to allow for better program administration. The results of reviews completed 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. The list of reviews completed include: (1) California Almonds, June 20, 2002 (67 FR 41816; (2) ID-E. Oregon Potatoes, May 28, 2002 (67 FR 36788); (3) California Olives, March 27, 2001 (66 FR 16593); and (4) Federal Seed Act Regulations, March 22, 2001 (66 FR 16015). AMS expects to publish summaries for Florida Tomatoes (Part 966), California Prunes (Part 993), and Watermelon Research and Promotion (1210) in the near future.

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

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Dated: August 7, 2003.

A.J. Yates,

Administrator, Agricultural Marketing Service.

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Agricultural Marketing Service Review Plan For Regulations Identified for Section 610 Review, (CY 2003) Regulatory Flexibility Act

CFR part & authorityAMS program/regulationYear implementedYear for review
7 Part 46; Sec. 15, 46 Stat. 537; 7 U.S.C. 499oPerishable Agricultural Commodities Act, 19301930/Regs Amended 19972008
7 Part 110; 7 U.S.C. 136a(d)(1)(c), 136i-1, and 450; 7 Part 2.17, 2.50Pesticide 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
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 Washington19392005
7 Part 929; 7 U.S.C. 601-674Cranberries Grown in States of Massachusetts, Rhode Island, etc19622005
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 Florida19552003
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
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7 Part 993; 7 U.S.C. 601-674Dried Prunes Produced in California19492003
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 States20032010
7 Parts 1000-1139; 7 U.S.C. 601-674Federal Milk Marketing Orders19992009
7 Part 1150; 7 U.S.C. 4501-4513Dairy Promotion Program19842006
7 Part 1160; 7 U.S.C. 6401-6417Fluid Milk Promotion Program19932004
7 Part 1205; 7 U.S.C. 2101-2118Cotton Research and Promotion19962003
7 Part 1207; 7 U.S.C. 2611-2627Potato Research and Promotion19722005
7 Part 1209; 7 U.S.C. 6101-6112Mushroom Promotion, Research and Consumer Information Order19932005
7 Part 1210: 7 U.S.C. 4901-4916Watermelon Research and Promotion Plan19902003
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 1219; 7 U.S.C. 7801-7813Hass Avocado Promotion, Research, and Information20032010
7 Part 1220; 7 U.S.C. 6301-6311Soybean Promotion, Research and Consumer Information19912005
7 Part 1230; 7 U.S.C. 4801-4819Pork Promotion, Research, and Consumer Information19862008
7 Part 1240; 7 U.S.C. 4601-4612Honey Research, Promotion, and Consumer Information Order19872008
7 Part 1250; 7 U.S.C. 2701-2718Egg Research and Promotion19762005
7 Part 1260; 7 U.S.C. 2901-2911Beef Promotion and Research19862007
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[FR Doc. 03-20692 Filed 8-13-03; 8:45 am]

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