This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

40249 

Vol. 77, No. 131 

Monday, July 9, 2012 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

7 CFR Part 2 

Agricultural Research Service 

7 CFR Part 520 

RIN 0524–AA63 

Revision of Delegations of Authority 

AGENCIES: Office of the Secretary, 

USDA; Agricultural Research Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule makes a number of 

miscellaneous amendments to 

delegations of authority by adding new 

authorities, correcting references, and 

removing obsolete authorities. 

DATES: This rule is effective July 9, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Lockhart; Senior Policy 

Specialist; National Institute of Food 

and Agriculture; U.S. Department of 

Agriculture; STOP 2299; 1400 

Independence Avenue SW.; 

Washington, DC 20250–2299; Voice: 

202–559–5088; Fax: 202–401–7752; 

Email: mlockhart@nifa.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Delegations of Authority 

This rule makes changes to existing 

delegations in 7 CFR parts 2 and 520. 

The delegations of authority to the 

Under Secretary for Research, 

Education, and Economics (REE) in 7 

CFR 2.21 and to the Director of the 

National Institute of Food and 

Agriculture (NIFA) in 7 CFR 2.66 are 

amended to reflect the delegation of the 

authority of the Secretary of Agriculture 

(Secretary) in section 405 of the 

Agricultural Research, Extension, and 

Education Reform Act of 1998 (7 U.S.C. 

7625), as added by section 209(b) of the 

FDA Food Safety Modernization Act, 

Public Law 111–353, to carry out a 

competitive grant program within NIFA 

to provide food safety training, 

education, extension, outreach, and 

technical assistance to owners and 

operators of farms, small food 

processors, and small fruit and 

vegetable merchant wholesalers. 

The authorities to approve the 

selection of State directors of extension 

and memoranda of understanding 

(MOUs) between land-grant universities 

and USDA, related to cooperative 

extension programs, reserved to the 

Secretary in 7 CFR 2.21(b)(1)(v) and (vi), 

respectively, are removed. The MOUs, 

which required USDA approval of 

extension directors/administrators, have 

been terminated by USDA due to 

obsolescence. 

The delegations of authority to the 

Administrator of the National 

Agricultural Statistics Service in 7 CFR 

2.68 are amended to reflect the 

delegation of authority, currently 

delegated to the Under Secretary for 

REE in 7 CFR 2.21(a)(xviii), to enter into 

agreements with and receive funds from 

any State, other political subdivision, 

organization, or individual for the 

purpose of conducting cooperative 

research projects, including agricultural 

statistical survey activities (7 U.S.C. 

450a). 

Finally, this rule amends Agricultural 

Research Service (ARS) regulations at 7 

CFR 520.4 to correct a reference to the 

ARS official with delegated 

responsibility for the establishment of 

procedures and coordination necessary 

to carry out the policies and provisions 

of the National Environmental Policy 

Act within ARS. 

Classification 

This rule relates to internal agency 

management. Accordingly, pursuant to 

5 U.S.C. 553, notice of proposed 

rulemaking and opportunity for 

comment are not required, and this rule 

may be made effective less than 30 days 

after publication in the Federal 

Register. This rule also is exempt from 

the provisions of Executive Order 

12866. This action is not a rule as 

defined by the Regulatory Flexibility 

Act, as amended by the Small Business 

Regulatory Fairness Enforcement 

Fairness Act of 1996, 5 U.S.C. 601 et 

seq., or the Congressional Review Act, 5 

U.S.C. 801 et seq., and thus is exempt 

from the provisions of those Acts. This 

rule contains no information collection 

or recordkeeping requirements under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). 

List of Subjects in 7 CFR Parts 2 and 

520 

Authority delegations (Government 

agencies), Agricultural research, 

Agricultural extension, Federal 

assistance, Food and agricultural 

sciences. 

Title 7 of the Code of Federal 

Regulations is amended accordingly as 

set forth below: 

PART 2—DELEGATIONS OF 

AUTHORITY BY THE SECRETARY OF 

AGRICULTURE AND GENERAL 

OFFICERS OF THE DEPARTMENT 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C. 

301; Reorganization Plan No. 2 of 1953, 3 

CFR 1949–1953 Comp., p. 1024. 

Subpart C—Delegations of Authority to 

the Deputy Secretary, Under 

Secretaries, and Assistant Secretaries 

■ 2. Amend § 2.21 as follows: 

■ a. Add paragraph (a)(1)(ccv); and 

■ b. Remove paragraphs (b)(1)(v) and 

(vi). 

The addition reads as follows: 

§ 2.21 Under Secretary for Research, 

Education, and Economics. 

(a) * * * 

(1) * * * 

(ccv) Administer a competitive grant 

program for national food safety 

training, education, extension, outreach, 

and technical assistance (7 U.S.C. 7625). 

* * * * * 

Subpart K—Delegations of Authority 

by the Under Secretary for Research, 

Education, and Economics 

■ 3. Amend § 2.66 by adding paragraph 

(a)(160) to read as follows: 

§ 2.66 Director, National Institute of Food 

and Agriculture. 

(a) * * * 

(160) Administer a competitive grant 

program for national food safety 

training, education, extension, outreach, 

and technical assistance (7 U.S.C. 7625). 

* * * * * 


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40250 Federal Register / Vol. 77, No. 131 / Monday, July 9, 2012 / Rules and Regulations 

■ 4. Amend § 2.68 by adding paragraph 

(a)(12) to read as follows: 

§ 2.68 Administrator, National Agricultural 

Statistics Service. 

(a) * * * 

(12) Enter into agreements with and 

receive funds from any State, other 

political subdivision, organization, or 

individual for the purpose of 

conducting cooperative research 

projects, including agricultural 

statistical survey activities (7 U.S.C. 

450a). 

* * * * * 

PART 520—PROCEDURES FOR 

IMPLEMENTING NATIONAL 

ENVIRONMENTAL POLICY ACT 

■ 5. The authority citation for part 520 

continues to read as follows: 

Authority: National Environmental Policy 

Act (NEPA) as amended, 42 U.S.C. 4321 et 

seq.; E.O. 11514, 34 FR 4247, as amended by 

E.O. 11991, 42 FR 26927; E.O. 12144, 44 FR 

11957; 5 U.S.C. 301; 40 CFR 1500–1508. 

■ 6. Amend § 520.4 by revising 

paragraph (a) to read as follows: 

§ 520.4 Responsibilities. 

(a) Administrator. The Administrator 

is responsible for environmental 

analysis and documentation required for 

compliance with the provisions of 

NEPA and related laws, policies, plans, 

programs, and projects. The ARS 

Deputy Administrator for Natural 

Resources has been delegated 

responsibility for the establishment of 

procedures and coordination necessary 

to carry out the policies and provisions 

of NEPA. 

* * * * * 

Dated: June 29, 2012. 

Thomas J. Vilsack, 

Secretary. 

[FR Doc. 2012–16610 Filed 7–6–12; 8:45 am] 

BILLING CODE 3410–09–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 930 

[Doc. No. AMS–FV–11–0092; FV12–930–1 

FR] 

Tart Cherries Grown in the States of 

Michigan, et al.; Increasing the Primary 

Reserve Capacity and Revising 

Exemption Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule revises the primary 

inventory reserve capacity and the 

exemption provisions applicable to 

handler diversion activities prescribed 

under the marketing order for tart 

cherries (order). The order regulates the 

handling of tart cherries grown in the 

States of Michigan, New York, 

Pennsylvania, Oregon, Utah, 

Washington, and Wisconsin, and is 

administered locally by the Cherry 

Industry Administrative Board (Board). 

This action increases the volume of tart 

cherries that can be placed in the 

primary inventory reserve from 50 

million pounds to 100 million pounds 

and revises exemption provisions by 

limiting diversion credits for new 

market development and market 

expansion activities to one year. These 

changes are intended to facilitate sales 

and lessen the impact of market 

expansion activities on volume 

restriction calculations. 

DATES: Effective Date: July 10, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Jennie M. Varela, Marketing Specialist, 

or Christian D. Nissen, Regional 

Director, Southeast Marketing Field 

Office, Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (863) 324– 

3375, Fax: (863) 325–8793, or Email: 

Jennie.Varela@ams.usda.gov or 

Christian.Nissen@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Laurel May, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or Email: 

Laurel.May@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule is issued under Marketing Order 

No. 930, as amended (7 CFR part 930), 

regulating the handling of tart cherries 

grown in the States of Michigan, New 

York, Pennsylvania, Oregon, Utah, 

Washington, and Wisconsin, hereinafter 

referred to as the ‘‘order.’’ The order is 

effective under the Agricultural 

Marketing Agreement Act of 1937, as 

amended (7 U.S.C. 601–674), hereinafter 

referred to as the ‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not intended 

to have retroactive effect. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing, USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

This rule revises the primary 

inventory reserve capacity and the 

exemption provisions applicable to 

handler diversion activities prescribed 

under the order. This action increases 

the volume of tart cherries that can be 

placed in the primary inventory reserve 

from 50 million pounds to 100 million 

pounds and revises exemption 

provisions by limiting diversion credits 

for new market development and market 

expansion activities to one year. These 

changes are intended to facilitate sales 

and lessen the impact of new market 

development and market expansion 

activities on volume restriction 

calculations. These changes were 

recommended by the Board at its 

meetings on September 15, 2011, and 

November 2, 2011, respectively. 

Section 930.55 of the order provides 

authority for the establishment of a 

primary inventory reserve as part of the 

order’s volume control provisions. 

Section 930.50(i) of the order establishes 

a cap of 50 million pounds on the 

primary inventory reserve, but provides 

authority to raise that limit if necessary, 

provided that any recommendation for 

change is made by the Board on or 

before September 30 to become effective 

for the following crop year. 

Section 930.59 of the order authorizes 

handler diversion. When volume 

regulation is in effect, handlers may 

fulfill any restricted percentage 

requirement in full or in part by 

acquiring diversion certificates or by 

voluntarily diverting cherries or cherry 

products in a program approved by the 

Board, rather than placing cherries in an 

inventory reserve. These eligible 

diversion activities include, in part, use 

for new market development and market 

expansion activities. 

Section 930.159 of the order’s 

administrative rules specifies methods 

of handler diversion, including using 

cherries or cherry products for exempt 

purposes prescribed under § 930.162. 


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