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

40253

Vol. 62, No. 144

Monday, July 28, 1997

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2

[Docket No. HR–97–002]

Revisions of Delegations of Authority

AGENCY: Department of Agriculture.

ACTION: Final rule.

SUMMARY: This document revises the

delegations of authority from the

Secretary of Agriculture and general

officers of the Department by delegating

to the Under Secretary for Farm and

Foreign Agricultural Services, the

Administrator, Foreign Agricultural

Service (FAS), the Assistant Secretary

for Marketing and Regulatory Programs,

and the Administrator, Agricultural

Marketing Service (AMS), the authority

to administer various programs

contained in the Federal Agriculture

Improvement and Reform Act of 1996,

Pub. L. No. 104–127. It also reserves to

the Secretary the authority to appoint

members of research and promotion

boards.

EFFECTIVE DATE: July 28, 1997.

FOR FURTHER INFORMATION CONTACT:

Barbara Bryant, Legislative Analyst,

Legislative Affairs Staff, Agricultural

Marketing Service, United States

Department of Agriculture, Room

3510—South Building, 1400

Independence Avenue SW, Washington,

DC 20250, (202) 720–3203.

SUPPLEMENTARY INFORMATION: The

Federal Agriculture Improvement and

Reform Act of 1996, signed into law

April 4, 1996, contains the following

new programs:

Commodity Promotion and

Evaluation, Sec. 501 (7 U.S.C. 7401)

which defines commodity promotion

law and provides for independent

evaluation of promotion program

effectiveness.

The Commodity Promotion, Research,

and Information Act of 1996, Sec. 511–

526 (7 U.S.C. 7411–7425) which

authorizes national research and

promotion programs for agricultural

commodities as defined in the Act.

The Canola and Rapeseed Research,

Promotion, and Consumer Information

Act, Sec. 531–543 (7 U.S.C. 7441–7452);

the National Kiwifruit Research,

Promotion, and Consumer Information

Act, Sec. 551–564 (7 U.S.C. 7461–7473);

and the Popcorn Promotion, Research,

and Consumer Information Act, Sec.

571–582 (7 U.S.C. 7481–7491), which

authorize national research and

promotion programs for canola and

rapeseed, kiwifruit, and popcorn.

The Secretary of Agriculture has

determined that these programs can be

conducted most effectively under the

jurisdiction of the Assistant Secretary

for Marketing and Regulatory Programs

and the Administrator of AMS and that

the foreign market component of these

promotion programs can be conducted

most effectively under the jurisdiction

of the Under Secretary for Farm and

Foreign Agricultural Services and the

Administrator of FAS. This rule amends

the delegations of authority of the

United States Department of Agriculture

in 7 CFR Part 2 by delegating to the

Under Secretary for Farm and Foreign

Agricultural Services, the Assistant

Secretary for Marketing and Regulatory

Programs, the Administrator of FAS,

and the Administrator of AMS, the

responsibility and authority for

administering the above-described

programs.

In addition, this rule reserves to the

Secretary the authority to appoint

members of research and promotion

boards.

This rule relates to internal agency

management. Therefore, pursuant to 5

U.S.C. 553, notice of proposed

rulemaking and opportunity to

comment thereon are not required, and

this rule may be made effective less than

30 days after publication in the Federal

Register. Further, since this rule relates

to internal agency management, it is

exempt from the provisions of E.O.

12866 and E.O. 12988. Finally, this

subject is not a rule as defined by Pub.

L. No. 96–354, the Regulatory Flexibility

Act, and thus, is exempt from the

provisions of the Act.

List of Subjects in 7 CFR Part 2

Authority delegations (Government

agencies).

Accordingly, 7 CFR part 2 is amended

as follows:

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: Sec. 212(a), Pub. L. 103–354,

108 Stat. 3210, 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, the Under

Secretaries and Assistant Secretaries

2. In § 2.16, paragraph (a)(3)(x) is

revised to read as follows:

§ 2.16 Under Secretary for Farm and

Foreign Agricultural Services.

(a) * * *

(3) * * *

(x) Plan and carry out programs and

activities under the foreign market

promotion authority of: the Wheat

Research and Promotion Act (7 U.S.C.

1292 note); the Cotton Research and

Promotion Act (7 U.S.C. 2101–2118); the

Potato Research and Promotion Act (7

U.S.C. 2611–2627): the Egg Research

and Consumer Information Act of 1974

(7 U.S.C. 2701–2718); the Beef Research

and Information Act, as amended (7

U.S.C. 2901–2918); the Wheat and

Wheat Foods Research and Nutrition

Education Act (7 U.S.C. 3401–3417); the

Floral Research and Consumer

Information Act of 1981 (7 U.S.C. 4301–

4319); subtitle B of title I of the Dairy

and Tobacco Adjustment Act of 1983 (7

U.S.C. 4501–4513); the Honey Research,

Promotion, and Consumer Information

Act of 1984, as amended (7 U.S.C. 4601–

4612); the Pork Promotion, Research,

and Consumer Information Act of 1985

(7 U.S.C. 4801–4819); the Watermelon

Research and Promotion Act, as

amended (7 U.S.C. 4901–4916); the

Pecan Promotion and Research Act of

1990 (7 U.S.C. 6001–6013); the

Mushroom Promotion, Research, and

Consumer Information Act of 1990 (7

U.S.C. 6101–6112); the Lime Research,

Promotion, and Consumer Information

Act of 1990 (7 U.S.C. 6201–6212); the

Soybean Promotion, Research, and
40254 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations

Consumer Information Act of 1990 (7

U.S.C. 6301–6311); the Fluid Milk

Promotion Act of 1990 (7 U.S.C. 6401–

6417); the Fresh Cut Flowers and Fresh

Cut Greens Promotion and Consumer

Information Act (7 U.S.C. 6801–6814);

the Sheep Promotion, Research, and

Information Act of 1994 (7 U.S.C. 7101–

7111); the Commodity Promotion,

Research, and Information Act of 1996

(7 U.S.C. 7411–7425); the Canola and

Rapeseed Research, Promotion, and

Consumer Information Act (7 U.S.C.

7441–7452); the National Kiwifruit

Research, Promotion, and Consumer

Information Act (7 U.S.C. 7461–7473);

and, the Popcorn Promotion, Research,

and Consumer Information Act (7 U.S.C.

7481–7491). This authority includes

determining the programs and activities

to be undertaken and assuring that they

are coordinated with the overall

departmental programs to develop

foreign markets for U.S. agricultural

products.

* * * * *

3. Section 2.22 is revised by adding

new paragraphs (a)(1)(viii) (XX) through

(BBB) and by adding new

paragraphs(b)(1) (iv) through (xxii) to

read as follows:

§ 2.22 Assistant Secretary for Marketing

and Regulatory Programs.

(a) * * *

(1) * * *

(viii) * * *

(XX) Commodity Promotion and

Evaluation (7 U.S.C. 7401);

(YY) The Commodity Promotion,

Research, and Information Act of 1996

(7 U.S.C. 7411–7425), except as

delegated to the Under Secretary for

Farm and Foreign Agricultural Services

in § 2.16(a)(3)(x);

(ZZ) The Canola and Rapeseed

Research, Promotion, and Consumer

Information Act (7 U.S.C. 7441–7452),

except as delegated to the Under

Secretary for Farm and Foreign

Agricultural Services in § 2.16(a)(3)(x);

(AAA) The National Kiwifruit

Research, Promotion, and Consumer

Information Act (7 U.S.C. 7461–7473),

except as delegated to the Under

Secretary for Farm and Foreign

Agricultural Services in § 2.16(a)(3)(x);

(BBB) The Popcorn Promotion,

Research, and Consumer Information

Act (7 U.S.C. 7481–7491), except as

delegated to the Under Secretary for

Farm and Foreign Agricultural Services

in § 2.16(a)(3)(x).

* * * * *

(b) * * *

(1) * * *

(iv) Appoint members of the Cotton

Board established by section 7(a) of the

Cotton Research and Promotion Act, as

amended (7 U.S.C. 2106(a));

(v) Appoint members of the Egg Board

established by section 8(a) of the Egg

Research and Consumer Information Act

(7 U.S.C. 2707(a));

(vi) Appoint members of the

Floraboard established by section

1707(1) of the Floral Research and

Consumer Information Act (7 U.S.C.

4306(1));

(vii) Appoint members of the Honey

Board established by section 7(c)(1) of

the Honey Research, Promotion, and

Consumer Information Act, as amended

(7 U.S.C. 4606(c));

(viii) Appoint members of the Lime

Board established by section 1955(b)(2)

of the Lime Research, Promotion, and

Consumer Information Act of 1990 (7

U.S.C. 6204(b));

(ix) Appoint members of the

Mushroom Council established by

section 1925(b)(1)(B) of the Mushroom

Promotion, Research, and Consumer

Information Act of 1990 (7 U.S.C.

6104(b));

(x) Appoint members of the Pecan

Marketing Board established by section

1910(b)(8)(E) of the Pecan Promotion

and Research Act of 1990 (7 U.S.C.

6005(b));

(xi) Appoint members of the National

Potato Promotion Board established by

section 308(a)(4) of the Potato Research

and Promotion Act as amended (7

U.S.C. 2617(a));

(xii) Appoint members of the National

Watermelon Promotion Board

established by section 1647(c) of the

Watermelon Research and Promotion

Act (7 U.S.C. 4906(c));

(xiii) Appoint members of the

PromoFlor Council established by

section 5(b) of the Fresh Cut Flowers

and Fresh Cut Greens Act of 1993 (7

U.S.C. 6804(b));

(xiv) Appoint members of the

National Kiwifruit Board established by

section 555(c)(1) of the National

Kiwifruit Research, Promotion, and

Consumer Information Act (7 U.S.C.

7464(c));

(xv) Appoint members of Popcorn

Board established by section 575(b)(1) of

the Popcorn Promotion, Research, and

Consumer Information Act (7 U.S.C.

7484(b));

(xvi) Appoint members of the Wheat

Industry Council established by section

1706(a) of the Wheat and Wheat Foods

Research and Nutrition Education Act (7

U.S.C. 3405(a));

(xvii) Appoint members of the

Cattlemen’s Beef Promotion and

Research Board established by section

5(1) of the Beef Research and

Information Act as amended (7 U.S.C.

2904(1));

(xviii) Appoint members of the

National Pork Board established by

section 1619(a)(1) of the Pork

Promotion, Research, and Consumer

Information Act of 1985 (7 U.S.C.

4808(a));

(xix) Appoint members of the United

Soybean Board established by section

1969(b)(1) of the Soybean Promotion,

Research, and Consumer Information

Act (7 U.S.C. 6304(b));

(xx) Appoint members of the National

Sheep Promotion, Research, and

Information Board established by

section 5(b) of the Sheep Promotion,

Research, and Information Act (7 U.S.C.

7104(b)(1);

(xxi) Appoint members of the

National Canola and Rapeseed Board

established by section 535(b)(1) of the

Canola and Rapeseed Research,

Promotion, and Consumer Information

Act (7 U.S.C. 7444(b));

(xxii) Appoint members of boards

established by section 515(b)(2)(A) of

the Commodity Promotion, Research,

and Information Act of 1996 (7 U.S.C.

7414(b)).

Subpart F—Delegations of Authority

by the Under Secretary for Farm and

Foreign Agricultural Services

4. In § 2.43, paragraph (a)(24) is

revised to read as follows:

§ 2.43 Administrator, Foreign Agricultural

Service.

(a) * * *

(24) Plan and carry out programs and

activities under the foreign market

promotion authority of: the Wheat

Research and Promotion Act (7 U.S.C.

1292 note); the Cotton Research and

Promotion Act (7 U.S.C. 2101–2118); the

Potato Research and Promotion Act (7

U.S.C. 2611–2627): the Egg Research

and Consumer Information Act of 1974

(7 U.S.C. 2701–2718); the Beef Research

and Information Act, as amended (7

U.S.C. 2901–2918); the Wheat and

Wheat Foods Research and Nutrition

Education Act (7 U.S.C. 3401–3417); the

Floral Research and Consumer

Information Act of 1981 (7 U.S.C. 4301–

4319); subtitle B of title I of the Dairy

and Tobacco Adjustment Act of 1983 (7

U.S.C. 4501–4513); the Honey Research,

Promotion, and Consumer Information

Act of 1984, as amended (7 U.S.C. 4601–

4612); the Pork Promotion, Research,

and Consumer Information Act of 1985

(7 U.S.C. 4801–4819); the Watermelon

Research and Promotion Act, as

amended (7 U.S.C. 4901–4916); the

Pecan Promotion and Research Act of

1990 (7 U.S.C. 6001–6013); the

Mushroom Promotion, Research, and

Consumer Information Act of 1990 (7

U.S.C. 6101–6112); the Lime Research,
Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Rules and Regulations 40255

Promotion, and Consumer Information

Act of 1990 (7 U.S.C. 6201–6212); the

Soybean Promotion, Research, and

Consumer Information Act of 1990 (7

U.S.C. 6301–6311); the Fluid Milk

Promotion Act of 1990 (7 U.S.C. 6401–

6417); the Fresh Cut Flowers and Fresh

Cut Greens Promotion and Consumer

Information Act (7 U.S.C. 6801–6814);

the Sheep Promotion, Research, and

Information Act of 1994 (7 U.S.C. 7101–

7111); The Commodity Promotion,

Research, and Information Act of 1996

(7 U.S.C. 7411–7425); the Canola and

Rapeseed Research, Promotion, and

Consumer Information Act (7 U.S.C.

7441–7452); the National Kiwifruit

Research, Promotion, and Consumer

Information Act (7 U.S.C. 7461–7473);

and, the Popcorn Promotion, Research,

and Consumer Information Act (7 U.S.C.

7481–7491). This authority includes

determining the programs and activities

to be undertaken and assuring that they

are coordinated with the overall

departmental programs to develop

foreign markets for U.S. agricultural

products.

* * * * *

Subpart N—Delegations of Authority

by the Assistant Secretary for

Marketing and Regulatory Programs

5. Section 2.79 is amended by adding

new paragraphs (a)(8)(1viii) through

(lxii) to read as follows:

§ 2.79 Administrator, Agricultural

Marketing Service.

(a) * * *

(8) * * *

(lviii) Commodity Promotion and

Evaluation (7 U.S.C. 7401);

(lix) Commodity Promotion, Research,

and Information Act of 1996 (7 U.S.C.

7411–7425), except as specified in

§ 2.43(a)(24);

(lx) The Canola and Rapeseed

Research, Promotion, and Consumer

Information Act (7 U.S.C. 7441–7452),

except as specified in § 2.43(a)(24);

(lxi) The National Kiwifruit Research,

Promotion, and Consumer Information

Act (7 U.S.C. 7461–7473), except as

specified in § 2.43(a)(24); and

(lxii) The Popcorn Promotion,

Research, and Consumer Information

Act (7 U.S.C. 7481–7491), except as

specified in § 2.43(a)(24).

* * * * *

Dated: July 21, 1997.

Dan Glickman,

Secretary of Agriculture.

Dated: July 11, 1997.

Dallas R. Smith,

Under Secretary for Farm and Foreign

Agricultural Services.

Dated: July 9, 1997.

Michael V. Dunn,

Assistant Secretary for Marketing and

Regulatory Programs.

[FR Doc. 97–19799 Filed 7–25–97; 8:45 am]

BILLING CODE 3410–01–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1208

[FV–97–703]

Fresh Cut Flowers and Fresh Cut

Greens Promotion and Information

Order

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This document removes the

requirement of the Fresh Cut Flowers

and Fresh Cut Greens Promotion and

Information Order (Order) that each

qualified handler pays to the National

PromoFlor Council (Council) an

assessment in the amount of 0.5 percent

on wholesale sales of fresh cut flowers

and greens as specified in the Order.

The remaining provisions of the Order

and regulations issued thereunder will

be terminated at a later date. This action

is necessary because termination of the

Order was favored by a majority of the

qualified handlers voting in a

referendum conducted from June 2

through 20, 1997.

EFFECTIVE DATE: July 29, 1997.

FOR FURTHER INFORMATION: Sonia N.

Jimenez, Research and Promotion

Branch, Fruit and Vegetable Division,

AMS, USDA, P.O. Box 96456, Room

2535–S, Washington, DC 20090–6456,

telephone (202) 720–9915 or (888) 720–

9917.

SUPPLEMENTARY INFORMATION: This

action is issued under the Fresh Cut

Flowers and Fresh Cut Greens

Promotion and Information Act of 1993

[7 U.S.C. 6801–6814] (Act).

Prior documents in this proceeding:

Fresh Cut Flowers and Fresh Cut Greens

Promotion and Information Order,

December 29, 1994 [59 FR 67139];

Referendum Procedures, April 14, 1997

[62 FR 18033]; and Referendum Order,

April 21, 1997 [62 FR 19301].

This action has been determined to be

non-significant for purposes of

Executive Order 12866 and therefore

has not been reviewed by OMB.

This action has been reviewed under

Executive Order 12988, Civil Justice

Reform. It is not intended to have

retroactive effect. This action will not

preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this termination order.

Regulatory Flexibility Analysis

In accordance with the Regulatory

Flexibility Act [5 U.S.C. 601 et seq.]

(RFA), the Agricultural Marketing

Service has considered the economic

impact of this action on small entities.

The Act, which authorizes the

creation of a generic program of

promotion and information for fresh cut

flowers and greens, became effective on

December 14, 1993.

Section 7(a) of the Act provides that

the Secretary of Agriculture (Secretary)

shall conduct a referendum not later

than 3 years after the issuance of an

order to ascertain whether the order

then in effect shall be continued. The

Order was issued on December 29, 1994.

Paragraph (a)(2) of § 7 of the Act

requires that the Order be approved by

a simple majority of all votes cast in the

referendum. In addition, paragraph (b)

of § 7 of the Act specifies that each

qualified handler eligible to vote in the

referendum shall be entitled to cast one

vote for each separate facility of the

person that is an eligible separate

facility. The voting period for the

referendum was June 2 through 20,

1997.

Only those wholesale handlers

(including, but not limited to, wholesale

jobbers, bouquet and floral article

manufacturers, auction houses that clear

the sale of cut flowers and greens, and

retail distribution centers), producers,

and importers who have annual sales of

$750,000 or more of fresh cut flowers

and greens and who sell those products

to exempt handlers, retailers, or

consumers are considered qualified

handlers and assessed under the Order.

There are approximately 643 qualified

handlers who are covered by the

program. Small agricultural service

firms, which include the qualified

handlers covered under the Order, have

been defined by the Small Business

Administration [13 CFR 121.601] as

those whose annual receipts are less

than $5 million. Only 127 qualified

handlers have been identified to have $5

million in annual sales.

It is concluded that the majority of

qualified handlers may be classified as

small entities.