Organization and Delegation of Powers and Duties, 33689-33690 [2013-13166]

Download as PDF 33689 Rules and Regulations Federal Register Vol. 78, No. 108 Wednesday, June 5, 2013 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. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD [PCLOB; Docket No. 2013–0005; Sequence 2] RIN 0311–AA02 Organization and Delegation of Powers and Duties Privacy and Civil Liberties Oversight Board. ACTION: Final rule. AGENCY: TKELLEY on DSK3SPTVN1PROD with RULES SUMMARY: The Privacy and Civil Liberties Oversight Board is issuing this rule to provide information to the public about the Board’s organization, function, and operations. DATES: This rule is effective June 5, 2013. FOR FURTHER INFORMATION CONTACT: Susan Reingold, Chief Administrative Officer, Privacy and Civil Liberties Oversight Board, at 202–331–1986. SUPPLEMENTARY INFORMATION: This rule informs the public about the structure, function, and operation of the Privacy and Civil Liberties Oversight Board, as required by 5 U.S.C. 552(a)(1). I. Background The Privacy and Civil Liberties Oversight Board (Board) was created as an independent agency within the executive branch by the Implementing Recommendations of the 9/11 Commission Act of 2007. It has two primary purposes: (1) To analyze and review actions the executive branch takes to protect the United States from terrorism, ensuring that the need for such actions is balanced with the need to protect privacy and civil liberties; and (2) to ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations, and policies related to efforts to protect the Nation against 16:07 Jun 04, 2013 Jkt 229001 In consideration of the foregoing, the Board establishes chapter X of title 6, Code of Federal Regulations, consisting of parts 1000 through 1099, to read as follows: II. Regulatory Analysis and Notices CHAPTER X—PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD Executive Order 12866 This rule is not a ‘‘significant regulatory action’’ within the meaning of Executive Order 12866. Regulatory Flexibility Act, as Amended 6 CFR Part 1000 VerDate Mar<15>2010 terrorism. This rule describes the Board’s organization and functioning and, therefore, is exempt from requirements related to notice and comment under 5 U.S.C. 553(b)(3)(A). The Administrative Procedure Act does not require a notice of proposed rulemaking for this rule, therefore, the provisions of the Regulatory Flexibility Act (as amended by the Small Business Regulatory Enforcement Act of 1996) do not apply. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 requires agencies to prepare a written statement of economic and regulatory alternatives anytime a proposed or final rule imposes a new or additional enforceable duty on any state, local, or tribal government or the private sector that causes those entities to spend, in aggregate, $100 million or more (adjusted for inflation) in any one year (a ‘‘federal mandate’’). The Board determined that such a written statement is not required in connection with this rule because it does not impose a federal mandate. National Environmental Policy Act The Board analyzed this action for the purpose of the National Environmental Policy Act of 1969 and determined that it would not significantly affect the environment; therefore, an environmental impact statement is not required. Paperwork Reduction Act This rule does not include an information collection for purposes of the Paperwork Reduction Act of 1995. Executive Order 13132 (Federalism) The Board analyzed this action in accordance with Executive Order 13132 and determined that a Federalism Assessment is not necessary. List of Subjects in 6 CFR Part 1000 Authority delegations (Government agencies), Organization and functions (Government agencies). PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 PART 1000—ORGANIZATION AND DELEGATION OF POWERS AND DUTIES OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD Sec. 1000.1 1000.2 1000.3 1000.4 1000.5 Purpose. Definitions. Organization. Functions. Delegations of authority. Authority: 5 U.S.C. 552. § 1000.1 Purpose. This part describes the organization of the Board, and the assignment of authorities and the responsibilities of the Board, individual Board members, and employees. § 1000.2 Definitions. As used in this part: Board means the Privacy and Civil Liberties Oversight Board, established by the Implementing Recommendations of the 9/11 Commission Act of 2007, Public Law 110–53. Chairman means the Chairman of the Board, as appointed by the President and confirmed by the Senate under section 801(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007, Public Law 110–53. General Counsel means the Board’s principal legal advisor. Member means an individual appointed by the President, with the advice and consent of the Senate, to be a member of the Board. § 1000.3 Organization. (a) The Board is comprised of four part-time Board members and a fulltime Chairman, each appointed by the President with the advice and consent of the Senate. (b) The Board’s staff is comprised of the following administrative units: (1) Office of Management and Operations; (2) Office of the General Counsel; and (3) Office of Liaison and Oversight. E:\FR\FM\05JNR1.SGM 05JNR1 33690 § 1000.4 Federal Register / Vol. 78, No. 108 / Wednesday, June 5, 2013 / Rules and Regulations Functions. (a) The Board provides advice and counsel to the President and executive departments and agencies to ensure that privacy and civil liberties are appropriately considered in proposed legislation, regulations, and policies, and in the implementation of new and existing legislation, regulations, and policies, related to efforts to protect the Nation from terrorism; (b) The Board oversees actions by the executive branch relating to efforts to protect the Nation from terrorism to determine whether such actions appropriately protect privacy and civil liberties and are consistent with governing laws, regulations, and policies regarding privacy and civil liberties; and (c) The Board receives and reviews reports and other information from privacy and civil liberties officers under 42 U.S.C. 2000ee-1 and, when appropriate, makes recommendations to and coordinates the activities of privacy and civil liberties officers on relevant interagency matters. TKELLEY on DSK3SPTVN1PROD with RULES § 1000.3 Delegations of authority. (a) The Board. The Board is the head of the agency. The Board is responsible for the overall planning, direction, and control of the agency’s agenda. The delegations of authority in this part do not extend to the following actions which are reserved to the Board: (1) Disposition of all rulemaking and similar proceedings involving the promulgation of rules or the issuance of statements of general policy. (2) Determination of advice or recommendations to the President or executive departments and agencies regarding the matters described in 42 U.S.C. 2000ee(d). (3) Determination of the Board’s annual agenda or other statement of operational priorities; and (4) Redelegation to one or more Board members or staff of those responsibilities delegated to the Chairman in § 1000.3(b), in the event of a vacancy. (5) Any authority that is not delegated by the Board in this part, or otherwise vested in officials other than the Board, is reserved to the Board. Except as otherwise provided, the Board may exercise powers and duties delegated or assigned to individuals other than the Board. (b) The Chairman. The Chairman is the executive and administrative head of the Board. The Chairman has the authority, duties, and responsibilities assigned to the Chairman under 42 U.S.C. 2000ee(h)(5) and (j)(1) and is responsible for the agency’s day-to-day VerDate Mar<15>2010 16:07 Jun 04, 2013 Jkt 229001 operations. The Chairman is delegated the authority to: (1) Exercise control over the Board’s management and functioning; (2) Implement and execute the Board’s budget; (3) Develop and effectively use staff support to carry out the functions of the Board, including, but not limited to, the supervision and removal of Board employees and the assignment and distribution of work among staff; (4) Convene and preside at all meetings of the Board and ensure that every vote and official act of the Board required by law to be recorded is accurately and promptly recorded by the General Counsel; (5) Act as the Board’s spokesman on all matters where an official expression of the Board is required, or as otherwise directed by the Board; (6) Approve for publication all publicly issued documents, except: (i) Those authorized by an individual Board Member; (ii) Decisions or informal opinions of the Board; and (iii) The semi-annual report required to be published by the Board under 42 U.S.C. 2000ee(e). (7) Serve as the Board’s Chief FOIA Officer under 5 U.S.C. 552(j). (8) Serves as the Board’s Equal Employment Opportunity Director, as described in 29 CFR Part 1614. (9) Redelegate to one or more Board staff persons those responsibilities delegated to the Executive Director or General Counsel under this part, in the event that either position is unfilled. (10) Authorize any officer, employee, or administrative unit of the Board to perform a function vested in, delegated, or otherwise designated to the Chairman. (c) Executive Director. The Executive Director manages the staff and assists the Chairman with the day-to-day operation of the Board. The Executive Director is delegated authority to: (1) Formulate and implement plans and policies designed to assure the effective administration of the Board’s operations and the efficient operations of the staff; (2) Serve as the Board’s Senior Agency Official for Privacy; (3) Administer the Board’s programs under the Freedom of Information Act, 5 U.S.C. 552, and the Privacy Act of 1974, 5 U.S.C. 552a.; and (4) Authorize any officer or employee of the Board to perform a function vested in, delegated, or otherwise designated to the Executive Director. (d) General Counsel. The General Counsel is the Board’s chief legal officer, and serves as legal advisor to the PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 Board. The General Counsel is delegated authority to: (1) Serve as the Board’s Designated Ethics Official in accordance with 5 CFR 2638.202; (2) Certify Board votes consistent with Board policies and procedures; and (3) Authorize any officer or employee of the Board to perform a function vested in, delegated, or otherwise designated to the General Counsel. (e) Individual Board Members. Any member delegated authority vested in the Chairman under paragraph (a) of this section may redelegate that authority to one or more Board employees. (f) Exercise of authority. In carrying out any functions delegated under this part, members and staff are governed in the exercise of those functions by all applicable Federal statutes and regulations, and by the regulations, orders, and rules of the Board. PARTS 1001–1099—[RESERVED] Dated: May 29, 2013. Claire McKenna, Legal Counsel. [FR Doc. 2013–13166 Filed 6–4–13; 8:45 am] BILLING CODE 6820–B3–P DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation 7 CFR Part 457 [Docket No. FCIC–11–0008] RIN 0563–AC35 Common Crop Insurance Regulations; Pecan Crop Insurance Provisions; Correction Federal Crop Insurance Corporation, USDA. ACTION: Final rule; correcting amendment. AGENCY: SUMMARY: This document contains a correction to the final regulation that was published Thursday, February 28, 2013 (78 FR 13454–13460). The regulation pertains to the insurance of Pecans. DATES: Effective Date: June 5, 2013. Tim Hoffmann, Director, Product Administration and Standards Division, Risk Management Agency, United States Department of Agriculture, Beacon Facility, Stop 0812, Room 421, PO Box 419205, Kansas City, MO 64141–6205, telephone (816) 926–7730. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: E:\FR\FM\05JNR1.SGM 05JNR1

Agencies

[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Rules and Regulations]
[Pages 33689-33690]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13166]



========================================================================
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. 78, No. 108 / Wednesday, June 5, 2013 / Rules 
and Regulations

[[Page 33689]]



PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

6 CFR Part 1000

[PCLOB; Docket No. 2013-0005; Sequence 2]
RIN 0311-AA02


Organization and Delegation of Powers and Duties

AGENCY: Privacy and Civil Liberties Oversight Board.

ACTION: Final rule.

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

SUMMARY: The Privacy and Civil Liberties Oversight Board is issuing 
this rule to provide information to the public about the Board's 
organization, function, and operations.

DATES: This rule is effective June 5, 2013.

FOR FURTHER INFORMATION CONTACT: Susan Reingold, Chief Administrative 
Officer, Privacy and Civil Liberties Oversight Board, at 202-331-1986.

SUPPLEMENTARY INFORMATION: This rule informs the public about the 
structure, function, and operation of the Privacy and Civil Liberties 
Oversight Board, as required by 5 U.S.C. 552(a)(1).

I. Background

    The Privacy and Civil Liberties Oversight Board (Board) was created 
as an independent agency within the executive branch by the 
Implementing Recommendations of the 9/11 Commission Act of 2007. It has 
two primary purposes: (1) To analyze and review actions the executive 
branch takes to protect the United States from terrorism, ensuring that 
the need for such actions is balanced with the need to protect privacy 
and civil liberties; and (2) to ensure that liberty concerns are 
appropriately considered in the development and implementation of laws, 
regulations, and policies related to efforts to protect the Nation 
against terrorism. This rule describes the Board's organization and 
functioning and, therefore, is exempt from requirements related to 
notice and comment under 5 U.S.C. 553(b)(3)(A).

II. Regulatory Analysis and Notices

Executive Order 12866

    This rule is not a ``significant regulatory action'' within the 
meaning of Executive Order 12866.

Regulatory Flexibility Act, as Amended

    The Administrative Procedure Act does not require a notice of 
proposed rulemaking for this rule, therefore, the provisions of the 
Regulatory Flexibility Act (as amended by the Small Business Regulatory 
Enforcement Act of 1996) do not apply.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 requires agencies to 
prepare a written statement of economic and regulatory alternatives 
anytime a proposed or final rule imposes a new or additional 
enforceable duty on any state, local, or tribal government or the 
private sector that causes those entities to spend, in aggregate, $100 
million or more (adjusted for inflation) in any one year (a ``federal 
mandate''). The Board determined that such a written statement is not 
required in connection with this rule because it does not impose a 
federal mandate.

National Environmental Policy Act

    The Board analyzed this action for the purpose of the National 
Environmental Policy Act of 1969 and determined that it would not 
significantly affect the environment; therefore, an environmental 
impact statement is not required.

Paperwork Reduction Act

    This rule does not include an information collection for purposes 
of the Paperwork Reduction Act of 1995.

Executive Order 13132 (Federalism)

    The Board analyzed this action in accordance with Executive Order 
13132 and determined that a Federalism Assessment is not necessary.

List of Subjects in 6 CFR Part 1000

    Authority delegations (Government agencies), Organization and 
functions (Government agencies).

    In consideration of the foregoing, the Board establishes chapter X 
of title 6, Code of Federal Regulations, consisting of parts 1000 
through 1099, to read as follows:

CHAPTER X--PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

PART 1000--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES OF THE 
PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

Sec.
1000.1 Purpose.
1000.2 Definitions.
1000.3 Organization.
1000.4 Functions.
1000.5 Delegations of authority.

    Authority:  5 U.S.C. 552.


Sec.  1000.1  Purpose.

    This part describes the organization of the Board, and the 
assignment of authorities and the responsibilities of the Board, 
individual Board members, and employees.


Sec.  1000.2  Definitions.

    As used in this part:
    Board means the Privacy and Civil Liberties Oversight Board, 
established by the Implementing Recommendations of the 9/11 Commission 
Act of 2007, Public Law 110-53.
    Chairman means the Chairman of the Board, as appointed by the 
President and confirmed by the Senate under section 801(a) of the 
Implementing Recommendations of the 9/11 Commission Act of 2007, Public 
Law 110-53.
    General Counsel means the Board's principal legal advisor.
    Member means an individual appointed by the President, with the 
advice and consent of the Senate, to be a member of the Board.


Sec.  1000.3  Organization.

    (a) The Board is comprised of four part-time Board members and a 
full-time Chairman, each appointed by the President with the advice and 
consent of the Senate.
    (b) The Board's staff is comprised of the following administrative 
units:
    (1) Office of Management and Operations;
    (2) Office of the General Counsel; and
    (3) Office of Liaison and Oversight.

[[Page 33690]]

Sec.  1000.4  Functions.

    (a) The Board provides advice and counsel to the President and 
executive departments and agencies to ensure that privacy and civil 
liberties are appropriately considered in proposed legislation, 
regulations, and policies, and in the implementation of new and 
existing legislation, regulations, and policies, related to efforts to 
protect the Nation from terrorism;
    (b) The Board oversees actions by the executive branch relating to 
efforts to protect the Nation from terrorism to determine whether such 
actions appropriately protect privacy and civil liberties and are 
consistent with governing laws, regulations, and policies regarding 
privacy and civil liberties; and
    (c) The Board receives and reviews reports and other information 
from privacy and civil liberties officers under 42 U.S.C. 2000ee-1 and, 
when appropriate, makes recommendations to and coordinates the 
activities of privacy and civil liberties officers on relevant 
interagency matters.


Sec.  1000.3  Delegations of authority.

    (a) The Board. The Board is the head of the agency. The Board is 
responsible for the overall planning, direction, and control of the 
agency's agenda. The delegations of authority in this part do not 
extend to the following actions which are reserved to the Board:
    (1) Disposition of all rulemaking and similar proceedings involving 
the promulgation of rules or the issuance of statements of general 
policy.
    (2) Determination of advice or recommendations to the President or 
executive departments and agencies regarding the matters described in 
42 U.S.C. 2000ee(d).
    (3) Determination of the Board's annual agenda or other statement 
of operational priorities; and
    (4) Redelegation to one or more Board members or staff of those 
responsibilities delegated to the Chairman in Sec.  1000.3(b), in the 
event of a vacancy.
    (5) Any authority that is not delegated by the Board in this part, 
or otherwise vested in officials other than the Board, is reserved to 
the Board. Except as otherwise provided, the Board may exercise powers 
and duties delegated or assigned to individuals other than the Board.
    (b) The Chairman. The Chairman is the executive and administrative 
head of the Board. The Chairman has the authority, duties, and 
responsibilities assigned to the Chairman under 42 U.S.C. 2000ee(h)(5) 
and (j)(1) and is responsible for the agency's day-to-day operations. 
The Chairman is delegated the authority to:
    (1) Exercise control over the Board's management and functioning;
    (2) Implement and execute the Board's budget;
    (3) Develop and effectively use staff support to carry out the 
functions of the Board, including, but not limited to, the supervision 
and removal of Board employees and the assignment and distribution of 
work among staff;
    (4) Convene and preside at all meetings of the Board and ensure 
that every vote and official act of the Board required by law to be 
recorded is accurately and promptly recorded by the General Counsel;
    (5) Act as the Board's spokesman on all matters where an official 
expression of the Board is required, or as otherwise directed by the 
Board;
    (6) Approve for publication all publicly issued documents, except:
    (i) Those authorized by an individual Board Member;
    (ii) Decisions or informal opinions of the Board; and
    (iii) The semi-annual report required to be published by the Board 
under 42 U.S.C. 2000ee(e).
    (7) Serve as the Board's Chief FOIA Officer under 5 U.S.C. 552(j).
    (8) Serves as the Board's Equal Employment Opportunity Director, as 
described in 29 CFR Part 1614.
    (9) Redelegate to one or more Board staff persons those 
responsibilities delegated to the Executive Director or General Counsel 
under this part, in the event that either position is unfilled.
    (10) Authorize any officer, employee, or administrative unit of the 
Board to perform a function vested in, delegated, or otherwise 
designated to the Chairman.
    (c) Executive Director. The Executive Director manages the staff 
and assists the Chairman with the day-to-day operation of the Board. 
The Executive Director is delegated authority to:
    (1) Formulate and implement plans and policies designed to assure 
the effective administration of the Board's operations and the 
efficient operations of the staff;
    (2) Serve as the Board's Senior Agency Official for Privacy;
    (3) Administer the Board's programs under the Freedom of 
Information Act, 5 U.S.C. 552, and the Privacy Act of 1974, 5 U.S.C. 
552a.; and
    (4) Authorize any officer or employee of the Board to perform a 
function vested in, delegated, or otherwise designated to the Executive 
Director.
    (d) General Counsel. The General Counsel is the Board's chief legal 
officer, and serves as legal advisor to the Board. The General Counsel 
is delegated authority to:
    (1) Serve as the Board's Designated Ethics Official in accordance 
with 5 CFR 2638.202;
    (2) Certify Board votes consistent with Board policies and 
procedures; and
    (3) Authorize any officer or employee of the Board to perform a 
function vested in, delegated, or otherwise designated to the General 
Counsel.
    (e) Individual Board Members. Any member delegated authority vested 
in the Chairman under paragraph (a) of this section may redelegate that 
authority to one or more Board employees.
    (f) Exercise of authority. In carrying out any functions delegated 
under this part, members and staff are governed in the exercise of 
those functions by all applicable Federal statutes and regulations, and 
by the regulations, orders, and rules of the Board.

PARTS 1001-1099--[RESERVED]

    Dated: May 29, 2013.
Claire McKenna,
Legal Counsel.
[FR Doc. 2013-13166 Filed 6-4-13; 8:45 am]
BILLING CODE 6820-B3-P