Notices. Schedule for review of agency regulations

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BILLING CODE 3510-22-S 68 157 Thursday, August 14, 2003 Proposed Rules DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Chapters I, IX, X, and XI [Doc. No. L&RRS-03-01] Regulatory Flexibility Act: 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. 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. 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of each review will be to determine whether the rules should be continued without change, or should be amended or rescinded (consistent with the objectives of applicable statutes) to minimize impacts on small businesses.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. Dated: August 7, 2003. A.J. Yates, Administrator, Agricultural Marketing Service. Agricultural Marketing Service Review Plan For Regulations Identified for Section 610 Review, (CY 2003) 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 110; 7 U.S.C. 136a(d)(1)(c), 136i-1, and 450; 7 Part 2.17, 2.50 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 2005 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 2003 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 2003 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 1160; 7 U.S.C. 6401-6417 Fluid Milk Promotion Program 1993 2004 7 Part 1205; 7 U.S.C. 2101-2118 Cotton Research and Promotion 1996 2003 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 1210: 7 U.S.C. 4901-4916 Watermelon Research and Promotion Plan 1990 2003 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 [FR Doc. 03-20692 Filed 8-13-03; 8:45 am]

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