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

65593

Vol. 62, No. 240

Monday, December 15, 1997

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2

Revision of Delegations of Authority

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

SUMMARY: This document revises the

delegations of authority from the

Secretary of Agriculture and general

officers of the Department due to

passage of the Federal Agriculture

Improvement and Reform Act.

EFFECTIVE DATE: Effective December 15,

1997.

FOR FURTHER INFORMATION CONTACT:

Patrick J. Casula, Legislative Affairs

Officer, Cooperative State Research,

Education, and Extension Service,

USDA, Room 355–A, Jamie L. Whitten

Federal Bldg., Washington, D.C. 20250–

2200, telephone 202–720–4465.

SUPPLEMENTARY INFORMATION: On April

4, 1996, the Federal Agriculture

Improvement and Reform Act of 1996,

Pub. L. 104–127, was signed into law.

With the enactment of this new law

many existing authorities were either

modified or extended and some new

ones added. It is necessary for these

authorities to be reflected as delegations

to General Officers and Agency

Administrators. This document lays out

these delegations of authority as they

have been modified and expanded. This

rule relates to internal agency

management. Therefore, 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.

Further, since this rule relates to

internal agency management, it is

exempt from the provisions of Executive

Orders 12866 and 12988. Finally, this

action is not a rule as defined by Public

Law No. 96–354, the Regulatory

Flexibility Act, and the Small Business

Regulatory Fairness Enforcement Act, 5

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

from their provisions.

List of Subjects in 7 CFR Part 2

Authority Delegations (Government

agencies).

Accordingly, 7 CFR Part 2 is amended

as set forth below.

PART 2—DELEGATIONS OF

AUTHORITY BY THE SECRETARY OF

AGRICULTURE AND GENERAL

OFFICERS OF THE DEPARTMENT

1. The authority 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, the Under

Secretaries and Assistant Secretaries

2. In subpart C, § 2.21 is amended by

removing and reserving paragraphs

(a)(1)(xvii), (a)(1)(xxi), (a)(1)(xxii),

(a)(1)(xxxviii), (a)(1)(liv), (a)(1)(lxxx),

(a)(1)(lxxxi), (a)(1)(lxxxii),

(a)(1)(lxxxvii), (a)(1)(lxxxix), (a)(1)(xcii),

and (a)(7)(iv), by revising paragraphs

(a)(1)(x), (a)(1)(xxxi), (a)(1)(xxxix),

(a)(1)(xliv), (a)(1)(xlviii), (a)(1)(l),

(a)(1)(li), (a)(1)(lii), (a)(1)(lviii),

(a)(1)(lxxxvi), (a)(1)(cxiv), (a)(1)(cxxvi),

(a)(1)(cxxxiv), (a)(4), (a)(8)(iv), and

(a)(8)(x)(E), and by adding new

paragraphs (a)(1)(cxxxvii),

(a)(1)(cxxxviii), (a)(1)(cxxxix),

(a)(1)(cxl), (a)(1)(cxli), (a)(1)(cxlii),

(a)(1)(cxliii), (a)(1)(cxliv), (a)(1)(cxlv),

(a)(1)(cxlvi), (a)(1)(cxlvii), (a)(1)(cxlviii),

and (a)(1)(cxlix), as follows:

§ 2.21 Under Secretary for Research,

Education, and Economics.

(a) * * *

(1) * * *

(x) Evaluate, assess, and report to

congressional agriculture committees on

the merits of proposals for agricultural

research facilities in the States.

Establish a task force on a 10-year

strategic plan for agricultural research

facilities (7 U.S.C. 390 et seq.).

* * * * *

(xxxi) Provide for the dissemination

of appropriate rural health and safety

information resources possessed by the

Rural Information Center, in

cooperation with State educational

program efforts. Promote coordinated

and integrated rural community

initiatives that advance and empower

capacity building (7 U.S.C. 2662).

* * * * *

(xxxix) Establish and oversee the

National Agricultural Research,

Extension, Education, and Economics

Advisory Board (7 U.S.C. 3123).

* * * * *

(xliv) Formulate and administer

programs to strengthen secondary

education and two-year post secondary

teaching programs; promote linkages

between secondary, two-year

postsecondary, and higher education

programs in the food and agricultural

sciences; administer grants to secondary

education and two-year post secondary

teaching programs, and to colleges and

universities (7 U.S.C. 3152).

* * * * *

(xlviii) Administer a National Food

and Human Nutrition Research and

Extension Program. Establish and

administer a Human Nutrition

Intervention and Health Promotion

Research Program (7 U.S.C. 3171–3175).

* * * * *

(l) Support continuing agricultural

and forestry extension and research, at

1890 land-grant colleges, including

Tuskegee University, and administer a

grant program for five National Research

and Training Centennial Centers

(7 U.S.C. 3221, 3222, 3222c).

(li) Administer grants to 1890 landgrant colleges, including Tuskegee

University, through Federal-grant funds

to help finance research facilities and

equipment including agricultural

libraries (7 U.S.C. 3223).

(lii) Establish and administer

competitive grants (or grants without

regard to any requirement for

competition) to Hispanic-serving

Institutions for the purpose of

promoting and strengthening the ability

of Hispanic-serving Institutions to carry

out education, applied research, and

related community development

programs (7 U.S.C. 3241).

* * * * *

(lviii) Conduct research and

development and implement a program

for the development of supplemental

and alternative crops (7 U.S.C. 3319d).

* * * * *

(lxxxvi) Make competitive grants to

support research to eradicate and
65594 Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Rules and Regulations

control Brown Citrus Aphid and Citrus

Tristeza Virus (7 U.S.C. 5925).

* * * * *

(cxiv) Maintain a National Arboretum

for the purposes of research and

education concerning tree and plant life,

and order disbursements from the

Treasury, in accordance with the Act of

March 4, 1927 (20 U.S.C. 191 et seq.).

* * * * *

(cxxvi) Formulate, write, or prescribe

bibliographic and technically related

standards for the library and

information services of USDA (7 U.S.C.

3125a et seq.).

* * * * *

(cxxxiv) Represent the Department on

the National Science and Technology

Council.

* * * * *

(cxxxvii) Establish and administer a

1994 Institutions Endowment Fund and

to enter into agreements necessary to do

this (Section 533(b) and (c) of the Equity

in Educational Land-Grant Status Act of

1994, 7 U.S.C. 301 note).

(cxxxviii) Make grants in equal

amounts to 1994 Land-Grant Institutions

to be used in the same manner as is

prescribed for colleges under the Act of

August 30, 1890 (7 U.S.C. 321 et seq.),

and subject to the requirements of such

Act (Section 534(a) of the Equity in

Educational Land-Grant Status Act of

1994, 7 U.S.C. 301 note).

(cxxxix) Make competitive

Institutional Capacity Building Grants to

assist 1994 Land-Grant Institutions with

constructing, acquiring, and remodeling

buildings, laboratories, and other capital

facilities (including fixtures and

equipment) necessary to conduct

instructional activities more effectively

in agriculture and sciences (Section 535

of the Equity in Educational Land-Grant

Status Act of 1994, 7 U.S.C. 301 note).

(cxl) Implement and administer the

Community Food Projects Program

pursuant to the provisions of section 25

of the Food Stamp Act of 1977 (7 U.S.C.

2034).

(cxli) Receive, accept, and administer

funds for the purpose of awarding

research, extension, and education

competitive grants pursuant to the Fund

for Rural America (7 U.S.C. 2204f).

(cxlii) Coordinate the Department of

Agriculture summer intern program

pursuant to section 922 of the Federal

Agriculture Improvement and Reform

Act (7 U.S.C. 2279c).

(cxliii) Develop and carry out a

system to monitor and evaluate

agricultural research and extension

activities conducted or supported by the

Department that will enable the

Secretary to measure the impact and

effectiveness of research, extension, and

education programs according to

priorities, goals, and mandates

established by law. Conduct a

comprehensive review of state-of-the-art

information technology systems for use

in developing the system (7 U.S.C.

3129).

(cxliv) Make grants, competitive

grants, and special research grants to,

and enter into cooperative agreements

and other contracting instruments with,

policy research centers (7 U.S.C. 3155).

(cxlv) Conduct a pilot research

program to link major cancer and heart

and other circulatory disease research

efforts with agricultural research efforts

to identify compounds in vegetables and

fruits that prevent these diseases

(7 U.S.C. 3174a).

(cxlvi) Administer grants to 1890

land-grant colleges, including Tuskegee

University, through Federal-grant funds

to help finance and upgrade agricultural

and food science facilities which are

used for research, extension, and

resident instruction (7 U.S.C. 3222b).

(cxlvii) Administer the Stuttgart

National Aquaculture Research Center

(16 U.S.C. 778 et seq.; Pub. L. 104–127,

sec. 889).

(cxlviii) Provide technical and

educational assistance to conserve and

enhance private grazing land resources

(16 U.S.C. 2005b).

(cxlix) Provide technical assistance to

farmers and ranchers under the

Environmental Quality Incentives

Program (16 U.S.C. 3830 et seq.).

* * * * *

(4) Related to rural development

activities. Provide guidance and

direction for the accomplishment of

activities authorized under Section V of

the Rural Development Act of 1972, as

amended (7 U.S.C. 2661 et seq.), for

programs under the control of the Under

Secretary for Research, Education, and

Economics, coordinating the policy

aspects thereof with the Under Secretary

for Rural Development.

* * * * *

(8) * * *

(iv) Prepare crop and livestock

estimates and administer reporting

programs, including estimates of

production, supply, price, and other

aspects of the U.S. agricultural

economy, collection of statistics,

conduct of enumerative and objective

measurement surveys, construction and

maintenance of sampling frames, and

related activities. Prepare reports of the

Agricultural Statistics Board covering

official state and national estimates

(7 U.S.C. 476, 951, and 2204).

* * * * *

(x) * * *

(E) Entering into agreements with

land-grant colleges and universities,

other organizations, institutions, or

individuals with comparable goals, and

with the concurrence of the Foreign

Agricultural Service, USDA,

international organizations (limited to

agreements either involving no

exchange of funds or involving

disbursements by the agency to the

cooperator), and then reporting these

agreements to the Secretary of

Agriculture (7 U.S.C. 3291(a)).

* * * * *

Subpart K—Delegations of Authority

by the Under Secretary for Research,

Education, and Economics

3. In subpart K, section 2.65 is

amended by adding new paragraphs

(a)(93) through (a)(98), by removing and

reserving paragraphs (a)(10), (a)(19),

(a)(28), (a)(40), (a)(44), (a)(45), (a)(54),

(a)(67), (a)(70), and (a)(71), and by

revising paragraphs (a)(51), (a)(64), and

(a)(90), as follows:

§ 2.65 Administrator, Agricultural

Research Service.

(a) * * *

(51) Maintain a National Arboretum

for the purposes of research and

education concerning tree and plant life,

and order disbursements from the

Treasury, in accordance with the Act of

March 4, 1927 (20 U.S.C. 191 et seq.).

* * * * *

(64) Administer a National Food and

Human Nutrition Research Program and

a Human Nutrition Intervention and

Health Promotion Research Program

under the National Agricultural

Research, Extension, and Teaching

Policy Act of 1977, as amended. As used

herein the term ‘‘research’’ includes:

(i) Research on the nutrient

composition of foods and the effects of

agricultural practices, handling, food

processing, and cooking on the nutrients

they contain;

(ii) Surveillance of the nutritional

benefits provided to participants in the

food programs administered by the

Department; and

(iii) Research on the factors affecting

food preference and habits. (7 U.S.C.

3171–3175, 3177).

* * * * *

(90) Formulate, write, or prescribe

bibliographic and technically related

standards for the library and

information services of USDA (7 U.S.C.

3125a et seq.).

* * * * *

(93) Review cooperative research and

development agreements entered into

pursuant to 15 U.S.C. 3710a–3710c,

with authority to disapprove or require

the modification of any such agreement.
Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Rules and Regulations 65595

(94) Administer the Stuttgart National

Aquaculture Research Center (16 U.S.C.

778 et seq.; Pub. L. 104–127, sec. 889).

(95) Provide technical and

educational assistance to conserve and

enhance private grazing land resources

(16 U.S.C. 2005b).

(96) Provide technical assistance to

farmers and ranchers under the

Environmental Quality Incentives

Program (16 U.S.C. 3830 et seq.).

(97) Enter into cooperative research

and development agreements with

industry, universities, and others;

institute a cash award program to

reward scientific, engineering, and

technical personnel; award royalties to

inventors; and retain and use royalty

income (15 U.S.C. 3710a–3710c).

(98) Coordinate USDA activities

delegated under 15 U.S.C. 3710a–3710c.

4. In subpart K, section 2.66 is

amended by removing and reserving

(a)(21), (a)(40), (a)(44), (a)(45), and

(a)(48), by revising paragraphs (a)(10),

(a)(13), (a)(16), (a)(18), (a)(19), (a)(25),

(a)(26), (a)(66), and (a)(74), and by

adding new paragraphs (a)(98) through

(a)(118), as follows:

§ 2.66 Administrator, Cooperative State

Research, Education, and Extension

Service.

(a) * * *

(10) Administer, in cooperation with

the States, a cooperative rural

development and small farm research

and extension program under the Rural

Development Act of 1972, as amended.

Promote coordinated and integrated

rural community initiatives that

advance and empower capacity building

(7 U.S.C. 2661–2667).

* * * * *

(13) Formulate and administer

programs to strengthen secondary

education and two-year post secondary

teaching programs; promote linkages

between secondary, two-year

postsecondary, and higher education

programs in the food and agricultural

sciences; administer grants to secondary

education and two-year post secondary

teaching programs, and to colleges and

universities (7 U.S.C. 3152).

* * * * *

(16) Make grants, competitive grants,

and special research grants to, and enter

into agreements and other contracting

instruments with policy research

centers (7 U.S.C. 3155).

* * * * *

(18) Support continuing agricultural

and forestry extension and research, at

1890 land-grant colleges, including

Tuskegee University, and administer a

grant program for five National Research

and Training Centennial Centers (7

U.S.C. 3221, 3222, 3222c).

(19) Administer grants to 1890 landgrant colleges, including Tuskegee

University, through Federal-grant funds

to help finance and upgrade agricultural

and food science facilities which are

used for research, extension, and

resident instruction (7 U.S.C. 3222b).

* * * * *

(25) Conduct research and develop

and implement a program for the

development of supplemental and

alternative crops (7 U.S.C. 3319d).

(26) Administer an Aquaculture

Assistance Program, involving centers,

by making grants to eligible institutions

for research and extension to facilitate

or expand production and marketing of

aquacultural food species and products;

making grants to States to formulate

aquaculture development plans for the

production and marketing of

aquacultural species and products;

conducting a program of research,

extension and demonstration at

aquacultural demonstration centers; and

making grants to aquaculture research

facilities to do research on intensive

water recirculating systems (7 U.S.C.

3321–3323).

* * * * *

(66) Administer a grants program for

rural health and safety education and

promote coordinated and integrated

rural community initiatives that

advance and empower capacity building

(7 U.S.C. 2662).

* * * * *

(74) Administer a National Food and

Human Nutrition Research and

Extension Program (7 U.S.C. 3171–3173,

3175).

* * * * *

(98) Establish and administer a 1994

Institutions Endowment Fund and to

enter into agreements necessary to do

this (Section 533(b)(c) of the Equity in

Educational Land-Grant Status Act of

1994, 7 U.S.C. 301 note).

(99) Make grants in equal amounts to

1994 Land-Grant Institutions to be used

in the same manner as is prescribed for

colleges under the Act of August 30,

1890 (26 Stat. 417, chapter 841; 7 U.S.C.

321 et seq.) (commonly known as the

Second Morrill Act), and subject to the

requirements of such Act (Sections 533

and 534 of the Equity in Educational

Land-Grant Act of 1994, 7 U.S.C. 301

note).

(100) Make competitive Institutional

Capacity Building Grants to assist 1994

Institutions with constructing,

acquiring, and remodeling buildings,

laboratories, and other capital facilities

(including fixtures and equipment)

necessary to conduct instructional

activities more effectively in agriculture

and sciences (Section 535 of the Equity

in Educational Land-Grant Status Act of

1994, 7 U.S.C. 301 note).

(101) Implement and administer the

Community Food Projects Program

pursuant to the provisions of section 25

of the Food Stamp Act of 1977 (7 U.S.C.

2034).

(102) Receive, accept, and administer

funds for the purpose of awarding

research, extension, and education

competitive grants pursuant to the Fund

for Rural America (7 U.S.C. 2204f).

(103) Develop and carry out a system

to monitor and evaluate agricultural

research and extension activities

conducted or supported by the

Department of Agriculture that will

enable the Secretary to measure the

impact and effectiveness of research,

extension, and education programs

according to priorities, goals, and

mandates established by law. Conduct a

comprehensive review of state-of-the-art

information technology systems for use

in developing the system (7 U.S.C.

3129).

(104) Conduct a pilot research

program to link major cancer and heart

and other circulatory disease research

efforts with agricultural research efforts

to identify compounds in vegetables and

fruits that prevent these diseases (7

U.S.C. 3174a).

(105) Administer grants to 1890 landgrant colleges, including Tuskegee

University, through Federal-grant funds

to help finance research facilities and

equipment including agricultural

libraries (7 U.S.C. 3223).

(106) Establish and administer

competitive grants (or grants without

regard to any requirement for

competition) to Hispanic-serving

Institutions for the purpose of

promoting and strengthening the ability

of Hispanic-serving Institutions to carry

out education, applied research, and

related community development

programs (7 U.S.C. 3241).

(107) Make competitive grants to

support research to eradicate and

control Brown Citrus Aphid and Citrus

Tristeza Virus (7 U.S.C. 5925).

(108) Award a grant, on a competitive

basis, to establish a red meat safety

research center at an eligible research

facility (7 U.S.C. 5929).

(109) Coordinate the development and

carrying out by Department agencies of

all matters and functions pertaining to

agricultural research conducted or

funded by the Department involving

biotechnology, including the

development and implementation of

guidelines for oversight of research

activities, acting as liaison on all matters

and functions pertaining to agricultural

research in biotechnology between

agencies within the Department and
65596 Federal Register / Vol. 62, No. 240 / Monday, December 15, 1997 / Rules and Regulations

between the Department and other

governmental, educational, or private

organizations and carrying out any other

activities authorized by (7 U.S.C. 3121).

(110) Provide staff support to the

Under Secretary for Research,

Education, and Economics related to the

National Agricultural Research,

Extension, Education, and Economics

Advisory Board (7 U.S.C. 3123).

(111) Conduct a program of grants to

States to expand, renovate, or improve

schools of veterinary medicine (7 U.S.C.

3151).

(112) Provide technical and

educational assistance to conserve and

enhance private grazing land resources

(16 U.S.C. 2005b).

(113) Provide technical assistance to

farmers and ranchers under the

Environmental Quality Incentives

Program (16 U.S.C. 3830 et seq.).

(114) Coordinate USDA policy and

conduct programs relative to the Federal

Insecticide, Fungicide, and Rodenticide

Act, as amended (7 U.S.C. 136, et seq.)

and coordinate the Department’s

Integrated Pest Management Programs

and the Pesticide Assessment Program

(7 U.S.C. 136–136y).

(115) Conduct programs of research,

technology development, and education

related to global climate change (7

U.S.C. 6701–6710).

(116) Represent the Department in

international organizational activities

and on international technical

committees concerned with agricultural

science, education, and development

activities, including library and

information science activities.

(117) Conduct a program of nutrition

education research.

5. In subpart K, section 2.67 is

amended by adding a new paragraph

(a)(14) as follows:

§ 2.67 Administrator, Economic Research

Service.

(a) * * *

(14) Represent the Department in

international organizational activities

and on international technical

committees concerned with agricultural

science, education, and development

activities, including library and

information science activities.

* * * * *

6. In subpart K, section 2.68 is

amended by adding a new paragraph

(a)(8) and by revising paragraph (a)(1) as

follows:

§ 2.68 Administrator, National Agricultural

Statistics Service.

(a) * * *

(1) Prepare crop and livestock

estimates and administer reporting

programs, including estimates of

production, supply, price, and other

aspects of the U.S. agricultural

economy, collection of statistics,

conduct of enumerative and objective

measurement surveys, construction and

maintenance of sampling frames, and

related activities. Prepare reports of the

Agricultural Statistics Board of the

Department of Agriculture covering

official state and national estimates (7

U.S.C. 476, 951, and 2204).

* * * * *

(8) Represent the Department in

international organizational activities

and on international technical

committees concerned with agricultural

science, education, and development

activities, including library and

information science activities.

* * * * *

For Subpart C:

Dated: November 28, 1997.

Dan Glickman,

Secretary of Agriculture.

For Subpart K:

Dated: November 26, 1997.

I. Miley Gonzalez,

Under Secretary for Research, Education, and

Economics.

[FR Doc. 97–32615 Filed 12–12–97; 8:45 am]

BILLING CODE 3410–01–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 78

[Docket No. 97–077–2]

Brucellosis in Cattle; State and Area

Classifications; Kentucky

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Affirmation of interim rule as

final rule.

SUMMARY: We are adopting as a final

rule, without change, an interim rule

that amended the brucellosis regulations

concerning the interstate movement of

cattle by changing the classification of

Kentucky from Class A to Class Free.

We have determined that Kentucky

meets the standards for Class Free

status. The interim rule was necessary

to relieve certain restrictions on the

interstate movement of cattle from

Kentucky.

EFFECTIVE DATE: The interim rule was

effective on September 16, 1997.

FOR FURTHER INFORMATION CONTACT: Dr.

R.T. Rollo, Jr., Staff Veterinarian,

National Animal Health Programs, VS,

APHIS, Suite 3B08, 4700 River Road

Unit 36, Riverdale, MD 20737–1231,

(301) 734–7709; or e-mail:

rrollo@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

In an interim rule effective and

published in the Federal Register on

September 16, 1997 (62 FR 48475–

48477, Docket No. 97–077–1), we

amended the brucellosis regulations in

9 CFR part 78 by removing Kentucky

from the list of Class A States in

§ 78.41(b) and adding it to the list of

Class Free States in § 78.41(a).

Comments on the interim rule were

required to be received on or before

November 17, 1997. We did not receive

any comments. The facts presented in

the interim rule still provide a basis for

the rule.

This action also affirms the

information contained in the interim

rule concerning Executive Order 12866

and the Regulatory Flexibility Act,

Executive Orders 12372 and 12988, and

the Paperwork Reduction Act.

Further, for this action, the Office of

Management and Budget has waived the

review process required by Executive

Order 12866.

List of Subjects in 9 CFR Part 78

Animal diseases, Bison, Cattle, Hogs,

Quarantine, Reporting and

recordkeeping requirements,

Transportation.

PART 78—BRUCELLOSIS

Accordingly, we are adopting as a

final rule, without change, the interim

rule that amended 9 CFR Part 78 and

that was published at 62 FR 48475–

48477 on September 16, 1997.

Authority: 21 U.S.C. 111–114a–1, 114g,

115, 117, 120, 121, 123–126, 134b, and 134f;

7 CFR 2.22, 2.80, and 371.2(d).

Done in Washington, DC, this 9th day of

December 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–32659 Filed 12–12–97; 8:45 am]

BILLING CODE 3410–34–P