[Federal Register Volume 62, Number 144 (Monday, July 28, 1997)]
[Rules and Regulations]
[Pages 40253-40255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19799]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

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.

========================================================================


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

[[Page 40253]]


-----------------------------------------------------------------------

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 Sec. 2.16, paragraph (a)(3)(x) is revised to read as follows:


Sec. 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

[[Page 40254]]

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:


Sec. 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 Sec. 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 
Sec. 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 
Sec. 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 Sec. 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 Sec. 2.43, paragraph (a)(24) is revised to read as follows:


Sec. 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,

[[Page 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:


Sec. 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 Sec. 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 
Sec. 2.43(a)(24);
    (lxi) The National Kiwifruit Research, Promotion, and Consumer 
Information Act (7 U.S.C. 7461-7473), except as specified in 
Sec. 2.43(a)(24); and
    (lxii) The Popcorn Promotion, Research, and Consumer Information 
Act (7 U.S.C. 7481-7491), except as specified in Sec. 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