[Federal Register Volume 65, Number 157 (Monday, August 14, 2000)]
[Rules and Regulations]
[Pages 49471-49472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20611]



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 Rules and Regulations
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  Federal Register / Vol. 65, No. 157 / Monday, August 14, 2000 / Rules 
and Regulations  

[[Page 49471]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2

Animal and Plant Health Inspection Service

7 CFR Part 371

[Docket No. 00-063-1]


Plant Protection Act; Delegation of Authority

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

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

SUMMARY: This document delegates the authority given to the Secretary 
of Agriculture under the Agricultural Risk Protection Act of 2000 to 
administer the Plant Protection Act. Authority is delegated from the 
Secretary of Agriculture to the Assistant Secretary for Marketing and 
Regulatory Programs (whose title has been changed to the Under 
Secretary for Marketing and Regulatory Programs); from that official to 
the Administrator of the Animal and Plant Health Inspection Service; 
and from the Administrator of the Animal and Plant Health Inspection 
Service to the Deputy Administrator for Plant Protection and 
Quarantine.

EFFECTIVE DATE: August 14, 2000.

FOR FURTHER INFORMATION CONTACT: Ms. Cynthia Howard, Chief, Regulatory 
Analysis and Development, PPD, APHIS, suite 3C63, 4700 River Road Unit 
118, Riverdale, MD 20737-1238; (301) 734-5957.

SUPPLEMENTARY INFORMATION: Title IV of the Agricultural Risk Protection 
Act of 2000 (Pub. L. 106-224), known as the Plant Protection Act, 
incorporates nine preexisting pest quarantine and exclusion statutes 
into a comprehensive law aimed at, among other things, augmenting the 
Secretary's authority to detect, control, and eradicate plant pests and 
noxious weeds. Section 434 of the Plant Protection Act authorizes the 
Secretary to issue such regulations and orders as he considers 
necessary to carry out this title. This rule delegates that authority 
from the Secretary of Agriculture to the Assistant Secretary for 
Marketing and Regulatory Programs (as noted previously, now entitled 
the Under Secretary for Marketing and Regulatory Programs); from that 
official to the Administrator of the Animal and Plant Health Inspection 
Service; and from the Administrator of the Animal and Plant Health 
Inspection Service to the Deputy Administrator for Plant Protection and 
Quarantine. We will further amend title 7 and amend title 9 of the Code 
of Federal Regulations in a future rulemaking action to add the Plant 
Protection Act to our lists of legal authorities and to make any other 
changes deemed necessary as a result of the enactment of this law.
    This rule relates to internal agency management. Therefore, this 
rule is exempt from the provisions of Executive Order 12866 and 12988. 
Moreover, pursuant to 5 U.S.C. 553, notice of proposed rulemaking and 
opportunity for comment are not required for this rule, and it may be 
made effective less than 30 days after publication in the Federal 
Register. In addition, under 5 U.S.C. 804, this rule is not subject to 
congressional review under the Small Business Regulatory Enforcement 
Fairness Act of 1996, Pub. L. 104-121. Finally, this action is not a 
rule as defined by 5 U.S.C. 601 et seq., the Regulatory Flexibility 
Act, and thus is exempt from the provisions of that Act.

List of Subjects

7 CFR Part 2

    Authority delegations (Government agencies).

7 CFR Part 371

    Organization and functions (Government agencies).

    Accordingly, 7 CFR parts 2 and 371 are 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. Section 2.22 is amended by adding a new paragraph (a)(2)(xlvi) 
to read as follows:


Sec. 2.22  Assistant Secretary for Marketing and Regulatory Programs.

    (a) * * *
    (2) * * *
    (xlvi) Plant Protection Act (Title IV, Pub. L. 106-224, 114 Stat. 
438, 7 U.S.C. 7701-7772).
* * * * *

Subpart N--Delegations of Authority by the Assistant Secretary for 
Marketing and Regulatory Programs

    3. Section 2.80 is amended by adding a new paragraph (a)(51) to 
read as follows:


Sec. 2.80  Administrator, Animal and Plant Health Inspection Service.

    (a) * * *
    (51) Plant Protection Act (Title IV, Pub. L. 106-224, 114 Stat. 
438, 7 U.S.C. 7701-7772).
* * * * *

PART 371--ORGANIZATION, FUNCTIONS, AND DELEGATIONS OF AUTHORITY

    4. The authority citation for part 371 continues to read as 
follows:

    Authority: 5 U.S.C. 301.

    5. Section 371.3 is amended by adding a new paragraph (b)(2)(xv) to 
read as follows:


Sec. 371.3  Plant Protection and Quarantine.

* * * * *
    (b) * * *
    (2) * * *
    (xv) Plant Protection Act (Title IV, Pub. L. 106-224, 114 Stat. 
438, 7 U.S.C. 7701-7772).
* * * * *

    For Part 2, Subpart C:

    Dated: August 8, 2000.
Dan Glickman,
Secretary of Agriculture.
    P For Part 2, Subpart N:


[[Page 49472]]


    Dated: July 20, 2000.
Michael V. Dunn,
Under Secretary for Marketing and Regulatory Programs.
    For Part 371:

    Dated: July 17, 2000.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-20611 Filed 8-11-00; 8:45 am]
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