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

46175

Vol. 62, No. 169

Tuesday, September 2, 1997

FEDERAL LABOR RELATIONS

AUTHORITY

5 CFR Parts 2423 and 2429

Unfair Labor Practice Proceedings:

Miscellaneous and General

Requirements

AGENCY: Federal Labor Relations

Authority.

ACTION: Clarification of final rule.

SUMMARY: This action clarifies the

effective date of the Federal Labor

Relations Authority’s amended

regulations regarding unfair labor

practice (ULP) proceedings (Part 2423)

and miscellaneous and general

requirements (Part 2429). The amended

regulations appeared in the Federal

Register on July 31, 1997 (62 FR 40911).

Those regulations showed an effective

date of October 1, 1997. However,

section 2423.1 of the amended

regulations stated that the amended

regulations were applicable to ‘‘any

complaint filed on or after October 1,

1997,’’ while the supplementary

information regarding that section stated

that ‘‘October 1, 1997 is the effective

date of subparts B, C, and D of this

part.’’ By this document, the Federal

Labor Relations Authority clarifies that

subpart B of part 2423 applies to all

complaints filed after the October 1,

1997 effective date. Subparts C and D of

part 2423 and all revisions to part 2429

apply to all ULP complaints pending

after October 1, 1997, regardless of

when the complaints were filed.

EFFECTIVE DATE: October 1, 1997.

ADDRESSES: Office of Case Control,

Federal Labor Relations Authority, 607

14th Street, N.W., Washington, D.C.

20424–0001.

FOR FURTHER INFORMATION CONTACT:

Peter Constantine, Office of Case

Control, at the address listed above or

by telephone # (202) 482–6540.

Dated: August 27, 1997.

Solly Thomas,

Executive Director, Federal Labor Relations

Authority.

[FR Doc. 97–23238 Filed 8–29–97; 8:45 am]

BILLING CODE 6727–01–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1207

[FV–96–703IFR]

Potato Research and Promotion Plan;

Suspension of Portions of the Plan;

Amendments of the Regulations

Regarding Importers’ Votes; and

Clarification of Reporting

Requirements

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This rule will suspend

portions of the Potato Research and

Promotion Plan (Plan) that require

National Potato Promotion Board

(Board) members be nominated at

meetings, suspends obsolete provisions

in the Plan, amends the rules and

regulations issued under the Plan to

provide for mail balloting as an

alternative means of selecting nominees

for appointment, permits importer

members of the Board to vote on the

basis of the volume of imported

potatoes, and provides in the rules and

regulations that designated handlers

must report to the Board those potatoes

of their own production for which the

assessment has been paid by another

designated handler.

DATES: Effective September 3, 1997.

Comments must be received by

November 3, 1997.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this proposed rule to: Docket

Clerk, Research and Promotion Branch,

Fruit and Vegetable Division,

Agricultural Marketing Service, USDA,

STOP Code 0244, 1400 Independence

Avenue, SW, Washington, DC 20250–

0244, fax (202) 205–2800. Three copies

of all written material should be

submitted. Comments will be made

available for public inspection at the

Research and Promotion Branch during

regular business hours. All comments

should reference the docket number and

the date and page number of this issue

of the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Georgia C. Abraham, Research and

Promotion Branch, Fruit and Vegetable

Division, AMS, USDA, STOP Code

0244, 1400 Independence Avenue, SW,

Washington, DC 20250–0244; telephone

(202) 720–5057 or (888) 720–9917 (toll

free).

SUPPLEMENTARY INFORMATION: This rule

is issued under the Potato Research and

Promotion Plan (Plan) [7 CFR Part

1207]. The Plan is authorized by the

Potato Research and Promotion Act, as

amended [7 U.S.C. 2611–2627],

hereinafter referred to as the Act.

Executive Order 12988

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. It is not intended to have

retroactive effect. This rule will not

preempt any state or local laws,

regulations, or policies unless they

present an irreconcilable conflict with

this rule.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

section 311 of the Act, a person subject

to a plan may file a petition with the

Secretary of Agriculture (Secretary)

stating that such plan, any provision of

such plan, or any obligation imposed in

connection with such plan is not in

accordance with law; and requesting a

modification of the plan or an

exemption from the plan. Such person

is afforded the opportunity for a hearing

on the petition. After the hearing, the

Secretary will rule on the petition. The

Act provides that the district court of

the United States in any district in

which such person is an inhabitant, or

has principal place of business, has

jurisdiction to review the Secretary’s

ruling on the petition, provided that a

complaint is filed within 20 days after

the date of entry of the ruling.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been determined not

significant for purposes of Executive

Order 12866 and, therefore, has not

been reviewed by the Office of

Management and Budget.

In accordance with the Regulatory

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