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

1031

Vol. 62, No. 5

Wednesday, January 8, 1997

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2

Revision of Delegations of Authority

AGENCY: Office of the Secretary,

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 to delegate

the authority vested in the Secretary

pursuant to section 2501(a) of the Food,

Agriculture, Conservation, and Trade

Act of 1990 to provide outreach and

technical assistance to socially

disadvantaged farmers and ranchers and

to make grants and enter into contracts

and other agreements to provide such

outreach and technical assistance.

EFFECTIVE DATE: January 8, 1997.

FOR FURTHER INFORMATION CONTACT:

Robert L. Siegler, Deputy Assistant

General Counsel, General Law Division,

Office of the General Counsel,

Department of Agriculture, Room 2321–

S, 1400 Independence Avenue, S.W.,

Washington, DC 20250, telephone 202–

720–6035.

SUPPLEMENTARY INFORMATION: Pursuant

to section 2501(a) of the Food,

Agriculture, Conservation, and Trade

Act of 1990, 7 U.S.C. 2279(a), the

Secretary of Agriculture is authorized to

provide outreach and technical

assistance to encourage and assist

socially disadvantaged farmers and

ranchers to own and operate farms and

ranches and to participate in

agricultural programs. Under the

authority of 7 U.S.C. 2279(a)(2), the

Secretary may make grants and enter

into contracts and other agreements

with certain community based

organizations and educational

institutions to provide outreach and

technical assistance to socially

disadvantaged farmers and ranchers.

The delegations of authority of the

Department of Agriculture are amended

to delegate to the under Secretary for

Natural Resources and Environment the

authority vested in the Secretary by 7

U.S.C. 2279(a) to provide outreach and

technical assistance to socially

disadvantaged farmers and ranchers and

to make grants and enter into contracts

and other agreements to provide such

outreach and technical assistance.

Further, that authority is redelegated by

the Under Secretary for Natural

Resources and Environment to the

Chief, Natural Resources Conservation

Service.

Prior delegations of authority by the

Secretary to the Under Secretary for

Farm and Foreign Agricultural Services,

and by the Under Secretary for Farm

and Foreign Agricultural Services to the

Administrator, Farm Service Agency, to

make grants and enter into contracts and

other agreements to provide outreach

and technical assistance to socially

disadvantaged farmers and ranchers

under 7 U.S.C. 2279 are removed.

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

Order Nos. 12866 and 12988. In

addition, this action is not a rule as

defined by the Regulatory Flexibility

Act, 5 U.S.C. 601, et seq., and, thus, is

exempt from the provisions of that Act.

Accordingly, as authorized by section

808 of the Small Business Regulatory

Enforcement Fairness Act of 1996,

Public Law 104–121, this rule may be

made effective upon publication in the

Federal Register.

Accordingly, 7 CFR part 2 is amended

as set forth below.

List of Subjects in 7 CFR Part 2

Authority delegations (Government

agencies).

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

§ 2.16 [Removed and reserved]

2. In § 2.16, paragraph (a)(2)(iv) is

removed and reserved.

3. In § 2.20, paragraph (a)(9) is added

as follows:

§ 2.20 Under Secretary for Natural

Resources and Environment.

(a) * * *

(9) Related to outreach and technical

assistance to socially disadvantaged

farmers and ranchers. Provide outreach

and technical assistance to socially

disadvantaged farmers and ranchers and

make grants and enter into contracts and

other agreements to provide such

outreach and technical assistance under

7 U.S.C. 2279.

* * * * *

Subpart F—Delegations of Authority

by the Under Secretary for Farm and

Foreign Agricultural Services

§ 2.42 [Amended]

4. In § 2.42, paragraph (a)(31) is

removed and reserved.

Subpart J—Delegations of Authority by

the Under Secretary for Natural

Resources and Environment

5. In § 2.61, paragraph (a)(25) is added

as follows:

§ 2.61 Chief, Natural Resources

Conservation Service.

(a) * * *

(25) Provide outreach and technical

assistance to socially disadvantaged

farmers and ranchers and make grants

and enter into contracts and other

agreements to provide such outreach

and technical assistance under 7 U.S.C.

2279.

* * * * *

For Subpart C.
1032 Federal Register / Vol. 62, No. 5 / Wednesday, January 8, 1997 / Rules and Regulations

Dated: October 1, 1996.

Dan Glickman,

Secretary of Agriculture.

For Subpart F.

Eugene Moos,

Under Secretary for Farm and Foreign

Agriculture Services.

For Subpart J.

Dated: October 2, 1996.

James R. Lyons,

Under Secretary for Natural Resources and

Environment.

[FR Doc. 97–360 Filed 1–7–97; 8:45 am]

BILLING CODE 3410–14–M

Agricultural Marketing Service

7 CFR Part 33

[Docket No. FV96–33–1 FIR]

Regulations Issued Under the Export

Apple and Pear Act; Relaxation of

Grade Requirements for Apples and

Pears Shipped to Pacific Ports of

Russia

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture (Department) is adopting as

a final rule, with appropriate

modifications, the provisions of an

interim final rule relaxing the minimum

grade requirements issued under the

Export Apple and Pear Act for U.S.-

grown apples and pears shipped to

Pacific ports of Russia. Container

marking provisions also are relaxed for

such shipments. These changes are

designed to develop Eastern Russia as

an export market for apples and pears.

This rule was recommended by the

Northwest Horticultural Council

(Council), an organization representing

the Northwest fruit industry.

EFFECTIVE DATE: This final rule becomes

effective January 9, 1997.

FOR FURTHER INFORMATION CONTACT:

Dennis L. West, Marketing Specialist,

Northwest Marketing Field Office,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

AMS, USDA, 1220 SW Third Avenue,

room 369, Portland, Oregon 97204–

2807; telephone: (503) 326–2724, Fax #

(503) 326–7440; or William R.

Addington, Marketing Specialist,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

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

2525–S, Washington, D.C. 20090–6456;

telephone: (202) 720–2412, Fax # (202)

720–5698. Small businesses may request

information on compliance with this

regulation by contacting: Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

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

2523–S, Washington, D.C. 20090–6456;

telephone: (202) 720–2491, Fax # (202)

720–5698.

SUPPLEMENTARY INFORMATION: This rule

is issued under authority of the Export

Apple and Pear Act, as amended, [7

U.S.C. 581–590], hereinafter referred to

as the ‘‘Act.’’ This rule amends

‘‘Regulations Issued Under Authority of

the Export Apple and Pear Act’’ [7 CFR

part 33].

The Department is issuing this rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule 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. There are no administrative

procedures which must be exhausted

prior to any judicial challenge to the

provisions of this rule.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Agricultural Marketing Service (AMS)

has considered the economic impact of

this action on small entities. The

purpose of the RFA is to fit regulatory

actions to the scale of business subject

to such actions in order that small

businesses will not be unduly or

disproportionately burdened.

The Act and regulations effective

thereunder apply to exporters and

export carriers of apples and pears. In

the United States, there are

approximately 450 firms which pack

and export apples and 300 firms which

pack and export pears that are

potentially subject to regulations under

the authority of the Act. Small

agricultural service firms, which

include firms that pack and export

apples and pears, have been defined by

the Small Business Administration (13

CFR 121.601) as those having annual

receipts of less than $5,000,000. The

majority of apple and pear exporters

regulated under the Act may be

classified as small entities. This rule

relaxes the minimum grade

requirements issued under the Act for

U.S.-grown apples and pears shipped

only to Pacific ports of Russia.

Container marking provisions also are

relaxed for such shipments. This rule

provides all exporters additional

flexibility in marketing apples and pears

of different grades and quality in

Russian port cities and areas along the

Pacific Ocean. These changes are

designed to develop export markets for

apples and pears in these areas. This

rule does not preclude shipments of

apples and pears of higher than the

minimum quality from being shipped to

Russian Pacific ports. This benefits both

large and small exporters of apples and

pears. Therefore, the AMS has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

Section 33.10 of the ‘‘Regulations

Issued Under Authority of the Export

Apple and Pear Act’’ establishes

minimum grade and container marking

requirements for export shipments of

apples and pears. Prior to the issuance

of the interim final rule, export

shipments of apples were required to

meet a minimum grade of U.S. No. 1 or

U.S. No. 1 Early as specified in the

United States Standards for Grades of

Apples (7 CFR part 51, sections 51.300–

51.323). Exports of summer and fall

pears were required to meet a minimum

grade of U.S. No. 2 as specified in the

United States Standards for Grades of

Summer and Fall Pears (7 CFR part 51,

sections 51.1260–51.1280). Exports of

winter pears were required to meet a

minimum grade of U.S. No. 2 as

specified in the United States Standards

for Grades of Winter Pears (7 CFR part

51, sections 51.1300–51.1323).

Additional restrictions for apple maggot

and San Jose scale apply to both apples

and pears.

This final rule continues in effect the

reduction of the minimum grade

requirements, as follows:

The minimum grade for fresh apples

exported to Russian Pacific ports is

reduced to U.S. Utility grade (7 CFR part

51, section 51.303) or U.S. No. 1 Hail (7

CFR part 51, section 51.302(b)) for

apples damaged by hail.

The minimum requirements for

summer and fall pears exported to

Russian Pacific ports are listed in the

regulatory text of this final rule. The

requirements provide that the pears be

of one variety that are mature, hand

picked, clean, sound and free from hardend; and free from serious damage

caused by broken skin, insects, disease,

hail marks, limbrubs, heavy russet, or

other means; and not so excessively

elongated or flattened as to preclude the

cutting of one good half. The

requirements also include necessary

definitions and explanations of some

provisions and a list of tolerances which

are applied to each lot at the time of

packing.

Finally, the minimum requirements

for winter pears exported to Russian

Pacific ports also are listed in the

regulatory text of this final rule. The

requirements provide that the pears be

of one variety which are mature, hand