Amendments to Delegations of Authority, 40935-40940 [2013-15849]
Download as PDF
40935
Rules and Regulations
Federal Register
Vol. 78, No. 131
Tuesday, July 9, 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.
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 2
[0503–AA53 ]
Amendments to Delegations of
Authority
Office of the Secretary, USDA.
Final rule.
AGENCY:
ACTION:
The Secretary of Agriculture
is authorized to delegate functions,
powers, and duties as the Secretary
deems appropriate. This document
amends the existing delegations of
authority by removing, adding, and
modifying certain delegations, as
explained in the Supplementary
Information section below. This
document also amends our regulations
to reflect the current order of succession
for the Secretary of Agriculture.
DATES: Effective on July 9, 2013.
FOR FURTHER INFORMATION CONTACT:
Adam J. Hermann, General Law and
Research Division, Office of the General
Counsel, 3311–S, USDA, 1400
Independence Ave. SW., Washington,
DC 20250; Voice: (202) 720–9425;
Email: adam.hermann@ogc.usda.gov.
SUPPLEMENTARY INFORMATION: This
rulemaking makes a number of changes
to the United States Department of
Agriculture’s (USDA) delegations of
authority in 7 CFR part 2 by removing
obsolete delegations, adding new
delegations, and modifying existing
delegations.
This rulemaking removes as obsolete
the delegations of authority to the Under
Secretaries for Farm and Foreign
Agricultural Services in 7 CFR
2.16(a)(2)(viii) and Rural Development
in 7 CFR 2.17(a)(17), and to the
Administrators of the Farm Service
Agency in 7 CFR 2.42(a)(35), Rural
Utilities Service in 7 CFR 2.47(a)(9),
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:51 Jul 08, 2013
Jkt 229001
Rural Business-Cooperative Service in 7
CFR 2.48(a)(15), and Rural Housing
Service in 7 CFR 2.49(a)(7), regarding
claims collection authority in light of
the Department’s debt management
regulations in 7 CFR part 3. Under 7
CFR 3.4, the head of an agency (defined
in 7 CFR 3.3 as ‘‘a subagency, office, or
corporation within USDA subject to the
authority and general supervision of the
Secretary’’) ‘‘is authorized to exercise
any or all of the functions provided by
this part with respect to programs for
which the head of the agency has
delegated responsibility, and may
delegate and authorize the redelegation
of any of the functions vested in the
head of the agency by this part, except
as otherwise provided by this part.’’
This rulemaking also amends the
delegations of authority to reflect that
administrative supervision of the Office
of Ethics has been transferred from the
Office of Human Resources
Management, Departmental
Management, to the General Counsel.
The delegations also reflect that the
Director, Office of Ethics, is the USDA
Designated Agency Ethics Official, and
the Assistant Director, Office of Ethics,
is the USDA Alternate Agency Ethics
Official. This rulemaking also amends
the delegations to the General Counsel
in 7 CFR 2.31 by removing an obsolete
authority regarding proceedings before
the Interstate Commerce Commission,
and by adding a new authority to assert
in litigation the deliberative process
privilege and other legally recognized
privileges. As a result of a recent
reorganization of the Office of the
General Counsel, there is now both a
Principal Deputy General Counsel and a
Deputy General Counsel. The
amendment to 7 CFR 2.200 reflects that
the Principal Deputy General Counsel is
the ‘‘first assistant’’ for purposes of the
Federal Vacancies Reform Act of 1998,
5 U.S.C. 3345—3349d. The Principal
Deputy General Counsel is delegated the
authority to perform all duties and
exercise all powers delegated to the
General Counsel during the absence or
unavailability of the General Counsel.
This rulemaking amends the
delegations to the Chief Economist in 7
CFR 2.29, and adds a new § 2.74, to
reflect the responsibilities of the Climate
Change Program Office (CCPO) within
the Office of the Chief Economist.
CCPO, known as the Global Change
Program Office until recently, has been
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
responsible for carrying out these
activities since the office was
established pursuant to section 2402 of
the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 6701),
but 7 CFR part 2 was never updated to
reflect the authorities. This rulemaking
also amends the delegations to the Chief
Economist in 7 CFR 2.29, and adds a
new § 2.75, to reflect the responsibilities
of the Office of Environmental Markets
(OEM) within the Office of the Chief
Economist. OEM was established to
assist in implementing section 1245 of
the Food Security Act of 1985 (16 U.S.C.
3845), as added by section 2709 of the
Food, Conservation, and Energy Act of
2008, Public Law 110–246. Section 1245
of the Food Security Act of 1985 directs
the Secretary to establish various types
of guidelines regarding the participation
of farmers, ranchers, and forest
landowners in environmental services
markets. The amendments also add a
new delegation from the Secretary to the
Under Secretary for Natural Resources
and Environment (NRE) in 7 CFR 2.20,
and from the Under Secretary for NRE
to the Chiefs of the Forest Service and
the Natural Resources Conservation
Service in 7 CFR 2.60 and 2.61,
respectively, to conduct activities that
assist the Office of the Chief Economist
and OEM in establishing guidelines
regarding the development of
environmental services markets.
These amendments also make a
technical change to the delegations of
authority from the Secretary to the Chief
Economist in 7 CFR 2.29 by moving the
delegations of authority in
§§ 2.29(a)(2)(iii) and (a)(11)(iii)
(authority to enter into contracts, grants,
or cooperative agreements to further
research programs in the food and
agricultural sciences) and
§ 2.29(a)(11)(iv) (authority to enter into
cost-reimbursable agreements relating to
agricultural research) to a new
paragraph in § 2.29 to clarify that the
delegated authorities are not limited to
risk assessment or energy-related
activities, respectively. The delegations
of authority from the Chief Economist to
the Director, Office of Risk Assessment
and Cost-Benefit Analysis in 7 CFR 2.71
are amended by removing as
unnecessary the delegation of authority
to enter into contracts, grants, or
cooperative agreements to further
research programs in the food and
agricultural sciences because any such
E:\FR\FM\09JYR1.SGM
09JYR1
mstockstill on DSK4VPTVN1PROD with RULES
40936
Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Rules and Regulations
agreements would be signed by the
Chief Economist.
This rulemaking also amends the
delegations of authority to the Assistant
Secretary for Administration (ASA) in 7
CFR 2.24 and the delegations of
authority to certain officials within
USDA’s Departmental Management
organization that report to the ASA
(Chief Information Officer (7 CFR 2.89),
Chief Financial Officer (7 CFR 2.90),
Director, Office of Human Resources
Management (7 CFR 2.91), Director,
Office of Procurement and Property
Management (7 CFR 2.93), and Director,
Office of Operations (7 CFR 2.96), to
reflect the abolishment of the
Management Services office and to
modify and realign Management
Services functions to other
Departmental Management offices in
order to streamline operations and
reduce costs. Accordingly, the
delegations from the ASA to the
Director, Management Services in 7 CFR
2.98 are removed. Additionally, the
delegations to the ASA and Chief
Information Officer regarding
management of enterprise data centers
and end user office automation services
are revised to reflect the authority to
perform such services as a Working
Capital Fund activity. Also, a new
delegation is added to the Chief
Financial Officer, through the ASA, to
redelegate authorities, as appropriate, to
general officers of the Department and
heads of Departmental agencies.
This rulemaking amends the
delegations of authority to the ASA in
7 CFR 2.24 to reflect that the ASA is the
designated Chief Acquisition Officer for
the Department. It also amends the
delegations of authority to the ASA and
to the Director, Office of Advocacy and
Outreach in 7 CFR 2.94 to clarify that
administration of the Hispanic Serving
Institutions National Program includes
the authority to enter into cooperative
agreements pursuant to section 1472(b)
of the National Agricultural Research,
Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3318(b)). Additionally,
this rulemaking amends the delegations
of authority to the ASA and to the
Director of the Office of Human
Resources Management in 7 CFR 2.91 by
removing the delegations relating to
conflict management and Alternative
Dispute Resolution (ADR) and
transferring them to the Assistant
Secretary for Civil Rights (ASCR) in 7
CFR 2.25. This amendment consolidates
ADR authorities in one place, but the
ASCR retains the authority in 7 CFR
2.25(a)(23) to re-delegate these
responsibilities to other general officers
or agency heads as the ASCR deems
appropriate.
VerDate Mar<15>2010
16:51 Jul 08, 2013
Jkt 229001
This rulemaking also amends 7 CFR
2.25 to reflect the authority of the
Assistant Secretary for Civil Rights to
prepare, submit, and make publicly
available the civil rights report required
by section 14010 of the Food,
Conservation, and Energy Act of 2008 (7
U.S.C. 2279–2).
Finally, this rulemaking amends 7
CFR 2.5 to reflect the current order of
succession for the Secretary of
Agriculture as established by Executive
Order 13612, May 21, 2012.
Classification
This rule relates to internal agency
management. Accordingly, 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. This rule also is exempt from
the provisions of Executive Order
12866. This action is not a rule as
defined by the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., and the Small
Business Regulatory Fairness
Enforcement Act, 5 U.S.C. 801 et seq.,
and thus is exempt from the provisions
of those Acts. This rule contains no
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 2
Authority delegations (Government
agencies).
Accordingly, 7 CFR part 2 is 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 is
revised 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 A—General
■
2. Revise § 2.5 to read as follows:
§ 2.5 Order in which officers of the
Department shall act as Secretary.
(a) Pursuant to Executive Order
13612, ‘‘Providing an Order of
Succession Within the Department of
Agriculture’’ (77 FR 31153, May 24,
2012), during any period in which both
the Secretary and the Deputy Secretary
have died, resigned, or are otherwise
unable to perform the functions and
duties of the office of Secretary, the
following officials designated in
paragraphs (a)(1) through (a)(15) of this
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
section shall act as Secretary, in the
order in which they are listed. Each
official shall act only in the event of the
death, resignation, or inability to
perform the functions and duties of
Secretary of the immediately preceding
official:
(1) Under Secretary of Agriculture for
Farm and Foreign Agricultural Services.
(2) Under Secretary of Agriculture for
Food, Nutrition, and Consumer
Services.
(3) Assistant Secretary of Agriculture
for Administration.
(4) Under Secretary of Agriculture for
Research, Education, and Economics.
(5) Under Secretary of Agriculture for
Food Safety.
(6) Under Secretary of Agriculture for
Natural Resources and Environment.
(7) Under Secretary of Agriculture for
Rural Development.
(8) Under Secretary of Agriculture for
Marketing and Regulatory Programs.
(9) General Counsel of the Department
of Agriculture.
(10) Chief of Staff, Office of the
Secretary.
(11) State Executive Directors of the
Farm Service Agency for the States of
California, Iowa, and Kansas, in order of
seniority fixed by length of unbroken
service as State Executive Director of
that State.
(12) Regional Administrators of the
Food and Nutrition Service for the
Mountain Plains Regional Office
(Denver, Colorado), Midwest Regional
Office (Chicago, Illinois), and Western
Regional Office (San Francisco,
California), in order of seniority fixed by
length of unbroken service as Regional
Administrator of that Regional Office.
(13) Chief Financial Officer of the
Department of Agriculture.
(14) Assistant Secretary of Agriculture
(Civil Rights).
(15) Assistant Secretary of Agriculture
(Congressional Relations).
(b) If any two or more individuals
designated in paragraphs (a)(11) or
(a)(12) of this section were sworn in to,
or commenced service in, their
respective offices on the same day,
precedence shall be determined by the
alphabetical order of the State in which
the individual serves.
(c) No individual who is serving in an
office listed in paragraphs (a)(1) through
(a)(15) of this section shall, by virtue of
so serving, act as Secretary pursuant to
this section.
(d) No individual who is serving in an
office listed in paragraphs (a)(1) through
(a)(15) of this section shall act as
Secretary unless that individual is
otherwise eligible to so serve under the
Federal Vacancies Reform Act of 1998 (5
U.S.C. 3345, et seq.).
E:\FR\FM\09JYR1.SGM
09JYR1
Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Rules and Regulations
(e) Notwithstanding the provisions of
this section and Executive Order 13612,
the President retains discretion, to the
extent permitted by law, to depart from
the order of succession in paragraph (a)
of this section in designating an acting
Secretary.
Subpart C—Delegations of Authority to
the Deputy Secretary, Under
Secretaries, and Assistant Secretaries
§ 2.16
[Amended]
3. Amend § 2.16 by removing and
reserving paragraph (a)(2)(viii).
■
§ 2.17
[Amended]
4. Amend § 2.17 by removing and
reserving paragraph (a)(17).
■ 5. Amend § 2.20 by adding new
paragraphs (a)(2)(xlv) and (a)(3)(xxiv), to
read as follows:
■
§ 2.20 Under Secretary for Natural
Resources and Environment.
(a) * * *
(2) * * *
(xlv) Conduct activities that assist the
Chief Economist in developing
guidelines regarding the development of
environmental services markets.
(3) * * *
(xxiv) Conduct activities that assist
the Chief Economist in developing
guidelines regarding the development of
environmental services markets.
*
*
*
*
*
■ 6. Amend § 2.24 as follows:
■ a. Revise paragraphs (a)(2)(xi)(C),
(a)(2)(xi)(D), (a)(3)(xxv), (a)(4)(xx), and
(a)(7)(xiv);
■ b. Remove paragraph (a)(4)(xxii);
■ c. Remove and reserve paragraph
(a)(11);
■ d. Add and reserve new paragraphs
(a)(3)(xxix) and (a)(6)(xix); and
■ e. Add new paragraphs (a)(3)(xxx),
(a)(6)(iii)(I), (a)(6)(xx), (a)(9)(vi),
(a)(9)(vii), and (a)(9)(viii), to read as
follows:
mstockstill on DSK4VPTVN1PROD with RULES
§ 2.24 Assistant Secretary for
Administration.
(a) * * *
(2) * * *
(xi) * * *
(C) Manage the Enterprise Data
Centers, including setting rates to
recover the cost of goods and services
within approved policy and funding
levels; and oversee the delivery of
Enterprise Data Center goods and
services, with authority to take actions
required by law or regulation to perform
such services as a Working Capital Fund
activity.
(D) Manage a comprehensive set of
end user office automation services,
including setting rates to recover the
VerDate Mar<15>2010
16:51 Jul 08, 2013
Jkt 229001
cost of goods and services within
approved policy and funding levels; and
oversee the delivery of goods and
services associated with end user office
automation services, including desktop
computers, enterprise networking
support, handheld devices, and voice
telecommunications, with authority to
take actions required by law or
regulation to perform such services as a
Working Capital Fund activity.
*
*
*
*
*
(3) * * *
(xxv) Provide budget, accounting,
fiscal, and related financial management
services, with authority to take action
required by law or regulation to provide
such services for:
(A) The Secretary of Agriculture.
(B) The general officers of the
Department, except the Inspector
General.
(C) The offices and agencies reporting
to the Assistant Secretary for
Administration.
(D) Any other offices or agencies of
the Department as may be agreed.
*
*
*
*
*
(xxix) [Reserved]
(xxx) Redelegate, as appropriate, any
authority delegated under paragraph
(a)(3) to general officers of the
Department and heads of Departmental
agencies.
(4) * * *
(xx) Provide human resources
operational services for the following:
(A) The Secretary of Agriculture.
(B) The general officers of the
Department.
(C) The offices and agencies reporting
to the Assistant Secretary for
Administration.
(D) The Office of the Assistant
Secretary for Civil Rights.
(E) Any other offices or agencies of
the Department as may be agreed.
*
*
*
*
*
(xxii) [Removed]
*
*
*
*
*
(6) * * *
(iii) * * *
(I) Serve as the designated Chief
Acquisition Officer for the Department
pursuant to section 1702 of title 41,
United States Code.
*
*
*
*
*
(xix) [Reserved]
(xx) Provide services, including
procurement of supplies, services, and
equipment, with authority to take
actions required by law or regulation to
perform such services for:
(A) The Secretary of Agriculture.
(B) The general officers of the
Department, except the Inspector
General.
(C) Any other offices or agencies of
the Department as may be agreed,
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
40937
including as a Working Capital Fund
activity.
(7) * * *
(xiv) Administer the Hispanic Serving
Institutions National Program, including
through the use of cooperative
agreements under 7 U.S.C. 3318(b).
*
*
*
*
*
(9) * * *
(vi) Provide services, including travel
support, conference management, and
general administrative support
including coordination of office
renovations and moves (within USDA
Whitten Building), with authority to
take actions required by law or
regulation to perform such services for:
(A) The Secretary of Agriculture.
(B) The general officers of the
Department, except the Inspector
General.
(C) The offices and agencies reporting
to the Assistant Secretary for
Administration.
(D) The Office of the Assistant
Secretary for Civil Rights.
(E) Any other offices or agencies of
the Department as may be agreed.
(vii) Prepare responses to requests
under the Freedom of Information Act
with authority to take actions as
required by law or regulation for the
office and agencies reporting to the
Assistant Secretary for Administration.
(viii) Administer the records
management program in support of
Departmental Management, and prepare
and coordinate responses to
management audits by the Inspector
General and the Government
Accountability Office, with authority to
take actions as required by law or
regulation for the offices and agencies
reporting to the Assistant Secretary for
Administration.
*
*
*
*
*
(11) [Reserved]
*
*
*
*
*
■ 7. Amend § 2.25 as follows:
■ a. Revise paragraph (a)(21);
■ b. Redesignate paragraph (a)(22) as
paragraph (a)(23); and
■ c. Add a new paragraph (a)(22).
The revision and addition read as
follows:
§ 2.25
Assistant Secretary for Civil Rights.
(a) * * *
(21) Related to Alternative Dispute
Resolution.
(i) Designate the senior official to
serve as the Department Dispute
Resolution Specialist pursuant to
section 3 of the Administrative Dispute
Resolution Act, Public Law 101–552, as
amended (5 U.S.C. 571 note), and
provide leadership, direction, and
coordination for the Department’s
E:\FR\FM\09JYR1.SGM
09JYR1
40938
Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Rules and Regulations
conflict prevention and resolution
activities.
(ii) Issue Departmental regulations,
policies, and procedures relating to the
use of Alternative Dispute Resolution
(ADR) to resolve employment
complaints and grievances, workplace
disputes, program complaints alleging
civil rights violations, and contract and
procurement disputes.
(iii) Provide ADR services for:
(A) The Secretary of Agriculture.
(B) The general officers of the
Department.
(C) The offices and agencies reporting
to the Assistant Secretary for
Administration.
(D) Any other office or agency of the
Department as may be agreed.
(iv) Develop and issue standards for
mediators and other ADR neutrals
utilized by the Department.
(v) Coordinate ADR activities
throughout the Department.
(vi) Monitor agency ADR programs
and report at least annually to the
Secretary on the Department’s ADR
activities.
(22) Prepare, submit, and make
publicly available the civil rights report
required by section 14010 of the Food,
Conservation, and Energy Act of 2008 (7
U.S.C. 2279–2).
*
*
*
*
*
Subpart D—Delegations of Authority to
Other General Officers and Agency
Heads
8. Amend § 2.29 as follows:
a. Remove paragraph (a)(2)(iii);
b. Remove and reserve paragraphs
(a)(11)(iii) and (a)(11)(iv); and
■ c. Add new paragraphs (a)(12) through
(a)(14) to read as follows:
■
■
■
mstockstill on DSK4VPTVN1PROD with RULES
§ 2.29
Chief Economist.
(a) * * *
(12) Related to climate change.
(i) Coordinate policy analysis, longrange planning, research, and response
strategies relating to climate change
issues.
(ii) Provide liaison with other Federal
agencies, through the Office of Science
and Technology Policy, regarding
climate change issues.
(iii) Inform the Department of
scientific developments and policy
issues relating to the effects of climate
change on agriculture and forestry,
including broader issues that affect the
impact of climate change on the farms
and forests of the United States.
(iv) Recommend to the Secretary
alternative courses of action with which
to respond to such scientific
developments and policy issues.
(v) Ensure that recognition of the
potential for climate change is fully
VerDate Mar<15>2010
16:51 Jul 08, 2013
Jkt 229001
integrated into the research, planning,
and decisionmaking processes of the
Department.
(vi) Coordinate global climate change
studies.
(vii) Coordinate the participation of
the Department in interagency climaterelated activities.
(viii) Consult with the National
Academy of Sciences and private,
academic, State, and local groups with
respect to climate research and related
activities.
(ix) Represent the Department to the
Office of Science and Technology Policy
on issues related to climate change.
(x) Represent the Department on the
Intergovernmental Panel on Climate
Change.
(xi) Review all Department budget
items relating to climate change issues,
including specifically the research
budget to be submitted by the Secretary
to the Office of Management and
Budget.
(13) Related to environment.
(i) Coordinate implementation of
section 1245 of the Food Security Act of
1985 regarding environmental services
markets (16 U.S.C. 3845).
(ii) [Reserved]
(14) Related to agreements.
(i) Enter into contracts, grants, or
cooperative agreements to further
research programs in the food and
agricultural sciences (7 U.S.C. 3318).
(ii) Enter into cost-reimbursable
agreements relating to agricultural
research (7 U.S.C. 3319a).
■ 9. Amend § 2.31 as follows:
■ a. Redesignate paragraphs (a) through
(p) as paragraphs (a)(1) through (a)(16);
■ b. Redesignate the introductory text as
paragraph (a) and revise the newly
redesignted text;
■ c. Remove and reserve newly
redsignated paragraph (a)(8);
■ d. Redesignate newly redesignated
paragraphs (a)(12)(1) through (a)(12)(5)
as paragraphs (a)(12)(i) through (v); and
■ e. Add new paragraphs (a)(17) and (b).
The revision and additions read as
follows:
§ 2.31
General Counsel.
(a) Related to legal services. The
General Counsel, as the chief law officer
of the Department, is legal advisor to the
Secretary and other officials of the
Department and responsible for
providing legal services for all the
activities of the Department. The
delegations of authority by the Secretary
of Agriculture to the General Counsel
include the following:
*
*
*
*
*
(17) On a non-exclusive basis, assert
in litigation the deliberative process
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
privilege and other legally recognized
privileges.
(b) Related to ethics. The following
delegation of authority is made by the
Secretary to the General Counsel:
Provide administrative supervision for
the Office of Ethics.
Subpart F—Delegations of Authority
by the Under Secretary for Farm and
Foreign Agricultural Services
§ 2.42
[Amended]
10. Amend § 2.42 by removing and
reserving paragraph (a)(35).
■
Subpart G—Delegations of Authority
by the Under Secretary for Rural
Development
§ 2.47
[Amended]
11. Amend § 2.47 by removing and
reserving paragraph (a)(9).
■
§ 2.48
[Amended]
12. Amend § 2.48 by removing and
reserving paragraph (a)(15).
■
§ 2.49
[Amended]
13. Amend § 2.49 by removing and
reserving paragraph (a)(7).
■
Subpart J—Delegations of Authority by
the Under Secretary for Natural
Resources and Environment
14. Amend § 2.60 by adding new
paragraph (a)(54), to read as follows:
■
§ 2.60
Chief, Forest Service.
(a) * * *
(54) Conduct activities that assist the
Director, Office of Environmental
Markets, in developing guidelines
regarding the development of
environmental services markets.
*
*
*
*
*
■ 15. Amend § 2.61 by adding new
paragraph (a)(29), to read as follows:
§ 2.61 Chief, Natural Resources
Conservation Service.
(a) * * *
(29) Conduct activities that assist the
Director, Office of Environmental
Markets, in developing guidelines
regarding the development of
environmental services markets.
*
*
*
*
*
Subpart L—Delegations of Authority
by the Chief Economist
§ 2.71
[Amended]
16. Amend § 2.71 by removing
paragraph (a)(3).
17. Amend subpart L by adding new
sections §§ 2.74 and 2.75 to read as
follows:
■
E:\FR\FM\09JYR1.SGM
09JYR1
Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Rules and Regulations
§ 2.74 Director, Climate Change Program
Office.
(a) Delegations. Pursuant to
§ 2.29(a)(12), the following delegations
of authority are made by the Chief
Economist to the Director, Climate
Change Program Office:
(1) Coordinate policy analysis, longrange planning, research, and response
strategies relating to climate change
issues.
(2) Provide liaison with other Federal
agencies, through the Office of Science
and Technology Policy, regarding
climate change issues.
(3) Inform the Department of scientific
developments and policy issues relating
to the effects of climate change on
agriculture and forestry, including
broader issues that affect the impact of
climate change on the farms and forests
of the United States.
(4) Recommend to the Chief
Economist alternative courses of action
with which to respond to such scientific
developments and policy issues.
(5) Ensure that recognition of the
potential for climate change is fully
integrated into the research, planning,
and decisionmaking processes of the
Department.
(6) Coordinate global climate change
studies.
(7) Coordinate the participation of the
Department in interagency climaterelated activities.
(8) Consult with the National
Academy of Sciences and private,
academic, State, and local groups with
respect to climate research and related
activities.
(9) Represent the Department to the
Office of Science and Technology Policy
on issues related to climate change.
(10) Represent the Department on the
Intergovernmental Panel on Climate
Change.
(11) Review all Department budget
items relating to climate change issues,
including specifically the research
budget to be submitted by the Secretary
to the Office of Management and
Budget.
(b) [Reserved]
mstockstill on DSK4VPTVN1PROD with RULES
§ 2.75 Director, Office of Environmental
Markets.
(a) Delegations. Pursuant to
§ 2.29(a)(13), the following delegations
of authority are made by the Chief
Economist to the Director, Office of
Environmental Markets:
(1) Coordinate implementation of
section 1245 of the Food Security Act of
1985 regarding environmental services
markets (16 U.S.C. 3845).
(2) [Reserved]
(b) [Reserved]
VerDate Mar<15>2010
16:51 Jul 08, 2013
Jkt 229001
Subpart P—Delegations of Authority
by the Assistant Secretary for
Administration
18. Amend § 2.89 by revising
paragraphs (a)(11)(iii) and (a)(11)(iv), to
read as follows:
■
§ 2.89
Chief Information Officer.
(a) * * *
(11) * * *
(iii) Manage the Enterprise Data
Centers, with the exception of the
National Finance Center; and oversee
the delivery of Enterprise Data Center
goods and services, with authority to
take actions required by law or
regulation to perform such services as a
Working Capital Fund activity.
(iv) Manage a comprehensive set of
end user office automation services and
oversee the delivery of goods and
services associated with end user office
automation services, including desktop
computers, enterprise networking
support, handheld devices, and voice
telecommunications, with authority to
take actions required by law or
regulation to perform such services as a
Working Capital Fund activity.
*
*
*
*
*
■ 19. Amend § 2.90 as follows:
■ a. Revise paragraph (a)(25); and
■ b. Add a new paragraph (a)(30), to
read as follows:
§ 2.90
Chief Financial Officer.
(a) * * *
(25) Provide budget, accounting,
fiscal, and related financial management
services, with authority to take action
required by law or regulation to provide
such services for:
(i) The Secretary of Agriculture.
(ii) The general officers of the
Department, except the Inspector
General.
(iii) The offices and agencies reporting
to the Assistant Secretary for
Administration.
(iv) Any other offices or agencies of
the Department as may be agreed.
*
*
*
*
*
(30) Redelegate, as appropriate, any
authority delegated under this section to
general officers of the Department and
heads of Departmental agencies.
■ 20. Amend § 2.91 as follows:
■ a. Revise paragraph (a)(20) to read as
set forth below; and
■ b. Remove paragraph (a)(22).
§ 2.91 Director, Office of Human
Resources Management.
(a) * * *
(20) Provide human resources
operational services for the following:
(i) The Secretary of Agriculture.
(ii) The general officers of the
Department.
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
40939
(iii) The offices and agencies reporting
to the Assistant Secretary for
Administration.
(iv) The Office of the Assistant
Secretary for Civil Rights.
(v) Any other offices or agencies of the
Department as may be agreed.
*
*
*
*
*
■ 21. Amend § 2.93 by adding a new
paragraph (a)(20) to read as follows:
§ 2.93 Director, Office of Procurement and
Property Management.
(a) * * *
(20) Provide services, including
procurement of supplies, services, and
equipment, with authority to take
actions required by law or regulation to
perform such services for:
(i) The Secretary of Agriculture.
(ii) The general officers of the
Department, except the Inspector
General.
(iii) Any other offices or agencies of
the Department as may be agreed,
including as a Working Capital Fund
activity.
*
*
*
*
*
■ 22. Amend § 2.94 by revising
paragraph (a)(14) to read as follows:
§ 2.94 Director, Office of Advocacy and
Outreach.
(a) * * *
(14) Administer the Hispanic Serving
Institutions National Program, including
through the use of cooperative
agreements under 7 U.S.C. 3318(b).
■ 23. Amend § 2.96 by adding new
paragraphs (a)(6), (a)(7), and (a)(8) to
read as follows:
§ 2.96
Director, Office of Operations.
(a) * * *
(6) Provide services, including travel
support, conference management, and
general administrative support
including coordination of office
renovations and moves (within USDA
Whitten Building), with authority to
take actions required by law or
regulation to perform such services for:
(i) The Secretary of Agriculture.
(ii) The general officers of the
Department, except the Inspector
General.
(iii) The offices and agencies reporting
to the Assistant Secretary for
Administration.
(iv) The Office of the Assistant
Secretary for Civil Rights.
(v) Any other offices or agencies of the
Department as may be agreed.
(7) Prepare responses to requests
under the Freedom of Information Act
with authority to take actions as
required by law or regulation for the
office and agencies reporting to the
Assistant Secretary for Administration.
E:\FR\FM\09JYR1.SGM
09JYR1
40940
Federal Register / Vol. 78, No. 131 / Tuesday, July 9, 2013 / Rules and Regulations
(8) Administer the records
management program in support of
Departmental Management, and prepare
and coordinate responses to
management audits by the Inspector
General and the Government
Accountability Office, with authority to
take actions as required by law or
regulation for the offices and agencies
reporting to the Assistant Secretary for
Administration.
*
*
*
*
*
§ 2.98
■
[Removed]
Principal Deputy General Counsel.
Pursuant to § 2.31, the following
delegation of authority is made by the
General Counsel to the Principal Deputy
General Counsel, to be exercised only
during the absence or unavailability of
the General Counsel: Perform all duties
and exercise all powers that are now or
which may hereafter be delegated to the
General Counsel.
26. Amend subpart Q by adding new
§§ 2.201 and 2.202 to read as follows:
■
§ 2.201
Director, Office of Ethics.
Pursuant to the Office of Government
Ethics regulations at 5 CFR part 2638,
the Director, Office of Ethics, shall be
the USDA Designated Agency Ethics
Official with the authority to coordinate
and manage the Department’s ethics
program as provided in part 2638.
§ 2.202
Deputy Director, Office of Ethics.
mstockstill on DSK4VPTVN1PROD with RULES
Pursuant to the Office of Government
Ethics regulations at 5 CFR part 2638,
the Deputy Director, Office of Ethics,
shall be the USDA Alternate Agency
Ethics Official and shall exercise the
authority reserved to the USDA
Designated Agency Ethics Official as
provided in part 2638 in the absence or
unavailability of the USDA Designated
Agency Ethics Official.
Done at Washington, DC, this 25th day of
June, 2013.
Thomas J. Vilsack,
Secretary of Agriculture.
[FR Doc. 2013–15849 Filed 7–8–13; 8:45 am]
BILLING CODE 3410–90–P
VerDate Mar<15>2010
16:51 Jul 08, 2013
7 CFR Part 357
[Docket No. APHIS–2009–0018]
RIN 0579–AD11
Lacey Act Implementation Plan;
Definitions for Exempt and Regulated
Articles
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim final rule.
25. Revise § 2.200 to read as follows:
§ 2.200
Animal and Plant Health Inspection
Service
AGENCY:
24. Remove § 2.98.
Subpart Q—Delegations of Authority
by the General Counsel
■
DEPARTMENT OF AGRICULTURE
Jkt 229001
In response to recent
amendments to the Lacey Act, we are
establishing definitions for the terms
‘‘common cultivar’’ and ‘‘common food
crop’’ and several related terms. The
amendments to the Act expanded its
protections to a broader range of plant
species, extended its reach to
encompass products, including timber,
that derive from illegally harvested
plants, and require that importers
submit a declaration at the time of
importation for certain plants and plant
products. Common cultivars and
common food crops are among the
categorical exclusions to the provisions
of the Act. The Act does not define the
terms ‘‘common cultivar’’ and ‘‘common
food crop’’ but instead gives authority to
the U.S. Department of Agriculture and
the U.S. Department of the Interior to
define these terms by regulation. Our
definitions specify which plants and
plant products will be excluded from
the provisions of the Act, including the
declaration requirement.
DATES: Effective dates: The addition of
7 CFR part 357, with the exception of
the definitions of the terms ‘‘commercial
scale’’ and ‘‘tree’’ in § 357.2, is effective
August 8, 2013. The addition of the
definitions of the terms ‘‘commercial
scale’’ and ‘‘tree’’ to § 357.2 is effective
September 9, 2013 unless we take action
to delay the effective date or to amend
or withdraw either or both definitions.
Comment date: We will consider all
comments on the definitions of the
terms ‘‘commercial scale’’ and ‘‘tree’’
that we receive on or before August 8,
2013.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!documentDetail;D=APHIS-2009-0018.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2009–0018, Regulatory Analysis
and Development, PPD, APHIS, Station
SUMMARY:
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
3A–03.8, 4700 River Road Unit 118,
Riverdale, MD 20737–1238.
Supporting documents and any
comments we receive on this docket
may be viewed at https://
www.regulations.gov/
#!docketDetail;D=APHIS-2009-0018 or
in our reading room, which is located in
Room 1141 of the USDA South
Building, 14th Street and Independence
Avenue SW., Washington, DC. Normal
reading room hours are 8 a.m. to 4:30
p.m., Monday through Friday, except
holidays. To be sure someone is there to
help you, please call (202) 799–7039
before coming.
FOR FURTHER INFORMATION CONTACT: Mr.
George Balady, Staff Officer,
Regulations, Permits, and Manuals,
PPQ, APHIS, 4700 River Road Unit 60,
Riverdale, MD 20737–1231; (301) 851–
2240.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
Purpose of the Regulatory Action
The Food, Conservation, and Energy
Act of 2008 amended the Lacey Act by
expanding its protections to a broader
range of plants and plant products.
Common cultivars and common food
crops are among the categorical
exclusions to the provisions of the Act.
The Act does not define the terms
‘‘common cultivar’’ and ‘‘common food
crop’’ but instead gives authority to the
U.S. Department of Agriculture (USDA)
and the U.S. Department of the Interior
(DOI) to define these terms by
regulation.
Summary of the Major Provisions of the
Regulatory Action
In this rule, we adopt definitions for
the terms ‘‘common cultivar’’ and
‘‘common food crop’’ and also, at the
request of commenters, adopt
definitions for the related terms
‘‘artificial selection,’’ ‘‘commercial
scale,’’ and ‘‘tree.’’
Costs and Benefits
Since the terms ‘‘common cultivar’’
and ‘‘common food crop,’’ while not yet
defined by regulation, were previously
included in the statute, there should be
no instances in which an importer will
be required because of this rule to make
declarations for commodities that are
not now being declared. To the extent
that the rule defines which products are
excluded from the provisions of the Act,
it will benefit U.S. importers. By
defining ‘‘common cultivar’’ and
‘‘common food crop,’’ the rule will
facilitate importer understanding of and
compliance with the Act’s requirements.
E:\FR\FM\09JYR1.SGM
09JYR1
Agencies
[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Rules and Regulations]
[Pages 40935-40940]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15849]
========================================================================
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. 131 / Tuesday, July 9, 2013 / Rules
and Regulations
[[Page 40935]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 2
[0503-AA53 ]
Amendments to Delegations of Authority
AGENCY: Office of the Secretary, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Secretary of Agriculture is authorized to delegate
functions, powers, and duties as the Secretary deems appropriate. This
document amends the existing delegations of authority by removing,
adding, and modifying certain delegations, as explained in the
Supplementary Information section below. This document also amends our
regulations to reflect the current order of succession for the
Secretary of Agriculture.
DATES: Effective on July 9, 2013.
FOR FURTHER INFORMATION CONTACT: Adam J. Hermann, General Law and
Research Division, Office of the General Counsel, 3311-S, USDA, 1400
Independence Ave. SW., Washington, DC 20250; Voice: (202) 720-9425;
Email: adam.hermann@ogc.usda.gov.
SUPPLEMENTARY INFORMATION: This rulemaking makes a number of changes to
the United States Department of Agriculture's (USDA) delegations of
authority in 7 CFR part 2 by removing obsolete delegations, adding new
delegations, and modifying existing delegations.
This rulemaking removes as obsolete the delegations of authority to
the Under Secretaries for Farm and Foreign Agricultural Services in 7
CFR 2.16(a)(2)(viii) and Rural Development in 7 CFR 2.17(a)(17), and to
the Administrators of the Farm Service Agency in 7 CFR 2.42(a)(35),
Rural Utilities Service in 7 CFR 2.47(a)(9), Rural Business-Cooperative
Service in 7 CFR 2.48(a)(15), and Rural Housing Service in 7 CFR
2.49(a)(7), regarding claims collection authority in light of the
Department's debt management regulations in 7 CFR part 3. Under 7 CFR
3.4, the head of an agency (defined in 7 CFR 3.3 as ``a subagency,
office, or corporation within USDA subject to the authority and general
supervision of the Secretary'') ``is authorized to exercise any or all
of the functions provided by this part with respect to programs for
which the head of the agency has delegated responsibility, and may
delegate and authorize the redelegation of any of the functions vested
in the head of the agency by this part, except as otherwise provided by
this part.''
This rulemaking also amends the delegations of authority to reflect
that administrative supervision of the Office of Ethics has been
transferred from the Office of Human Resources Management, Departmental
Management, to the General Counsel. The delegations also reflect that
the Director, Office of Ethics, is the USDA Designated Agency Ethics
Official, and the Assistant Director, Office of Ethics, is the USDA
Alternate Agency Ethics Official. This rulemaking also amends the
delegations to the General Counsel in 7 CFR 2.31 by removing an
obsolete authority regarding proceedings before the Interstate Commerce
Commission, and by adding a new authority to assert in litigation the
deliberative process privilege and other legally recognized privileges.
As a result of a recent reorganization of the Office of the General
Counsel, there is now both a Principal Deputy General Counsel and a
Deputy General Counsel. The amendment to 7 CFR 2.200 reflects that the
Principal Deputy General Counsel is the ``first assistant'' for
purposes of the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345--
3349d. The Principal Deputy General Counsel is delegated the authority
to perform all duties and exercise all powers delegated to the General
Counsel during the absence or unavailability of the General Counsel.
This rulemaking amends the delegations to the Chief Economist in 7
CFR 2.29, and adds a new Sec. 2.74, to reflect the responsibilities of
the Climate Change Program Office (CCPO) within the Office of the Chief
Economist. CCPO, known as the Global Change Program Office until
recently, has been responsible for carrying out these activities since
the office was established pursuant to section 2402 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 6701), but 7
CFR part 2 was never updated to reflect the authorities. This
rulemaking also amends the delegations to the Chief Economist in 7 CFR
2.29, and adds a new Sec. 2.75, to reflect the responsibilities of the
Office of Environmental Markets (OEM) within the Office of the Chief
Economist. OEM was established to assist in implementing section 1245
of the Food Security Act of 1985 (16 U.S.C. 3845), as added by section
2709 of the Food, Conservation, and Energy Act of 2008, Public Law 110-
246. Section 1245 of the Food Security Act of 1985 directs the
Secretary to establish various types of guidelines regarding the
participation of farmers, ranchers, and forest landowners in
environmental services markets. The amendments also add a new
delegation from the Secretary to the Under Secretary for Natural
Resources and Environment (NRE) in 7 CFR 2.20, and from the Under
Secretary for NRE to the Chiefs of the Forest Service and the Natural
Resources Conservation Service in 7 CFR 2.60 and 2.61, respectively, to
conduct activities that assist the Office of the Chief Economist and
OEM in establishing guidelines regarding the development of
environmental services markets.
These amendments also make a technical change to the delegations of
authority from the Secretary to the Chief Economist in 7 CFR 2.29 by
moving the delegations of authority in Sec. Sec. 2.29(a)(2)(iii) and
(a)(11)(iii) (authority to enter into contracts, grants, or cooperative
agreements to further research programs in the food and agricultural
sciences) and Sec. 2.29(a)(11)(iv) (authority to enter into cost-
reimbursable agreements relating to agricultural research) to a new
paragraph in Sec. 2.29 to clarify that the delegated authorities are
not limited to risk assessment or energy-related activities,
respectively. The delegations of authority from the Chief Economist to
the Director, Office of Risk Assessment and Cost-Benefit Analysis in 7
CFR 2.71 are amended by removing as unnecessary the delegation of
authority to enter into contracts, grants, or cooperative agreements to
further research programs in the food and agricultural sciences because
any such
[[Page 40936]]
agreements would be signed by the Chief Economist.
This rulemaking also amends the delegations of authority to the
Assistant Secretary for Administration (ASA) in 7 CFR 2.24 and the
delegations of authority to certain officials within USDA's
Departmental Management organization that report to the ASA (Chief
Information Officer (7 CFR 2.89), Chief Financial Officer (7 CFR 2.90),
Director, Office of Human Resources Management (7 CFR 2.91), Director,
Office of Procurement and Property Management (7 CFR 2.93), and
Director, Office of Operations (7 CFR 2.96), to reflect the abolishment
of the Management Services office and to modify and realign Management
Services functions to other Departmental Management offices in order to
streamline operations and reduce costs. Accordingly, the delegations
from the ASA to the Director, Management Services in 7 CFR 2.98 are
removed. Additionally, the delegations to the ASA and Chief Information
Officer regarding management of enterprise data centers and end user
office automation services are revised to reflect the authority to
perform such services as a Working Capital Fund activity. Also, a new
delegation is added to the Chief Financial Officer, through the ASA, to
redelegate authorities, as appropriate, to general officers of the
Department and heads of Departmental agencies.
This rulemaking amends the delegations of authority to the ASA in 7
CFR 2.24 to reflect that the ASA is the designated Chief Acquisition
Officer for the Department. It also amends the delegations of authority
to the ASA and to the Director, Office of Advocacy and Outreach in 7
CFR 2.94 to clarify that administration of the Hispanic Serving
Institutions National Program includes the authority to enter into
cooperative agreements pursuant to section 1472(b) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3318(b)). Additionally, this rulemaking amends the delegations
of authority to the ASA and to the Director of the Office of Human
Resources Management in 7 CFR 2.91 by removing the delegations relating
to conflict management and Alternative Dispute Resolution (ADR) and
transferring them to the Assistant Secretary for Civil Rights (ASCR) in
7 CFR 2.25. This amendment consolidates ADR authorities in one place,
but the ASCR retains the authority in 7 CFR 2.25(a)(23) to re-delegate
these responsibilities to other general officers or agency heads as the
ASCR deems appropriate.
This rulemaking also amends 7 CFR 2.25 to reflect the authority of
the Assistant Secretary for Civil Rights to prepare, submit, and make
publicly available the civil rights report required by section 14010 of
the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2279-2).
Finally, this rulemaking amends 7 CFR 2.5 to reflect the current
order of succession for the Secretary of Agriculture as established by
Executive Order 13612, May 21, 2012.
Classification
This rule relates to internal agency management. Accordingly,
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. This rule also
is exempt from the provisions of Executive Order 12866. This action is
not a rule as defined by the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., and the Small Business Regulatory Fairness Enforcement Act, 5
U.S.C. 801 et seq., and thus is exempt from the provisions of those
Acts. This rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 2
Authority delegations (Government agencies).
Accordingly, 7 CFR part 2 is amended as follows:
PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE
AND GENERAL OFFICERS OF THE DEPARTMENT
0
1. The authority citation for part 2 is revised 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 A--General
0
2. Revise Sec. 2.5 to read as follows:
Sec. 2.5 Order in which officers of the Department shall act as
Secretary.
(a) Pursuant to Executive Order 13612, ``Providing an Order of
Succession Within the Department of Agriculture'' (77 FR 31153, May 24,
2012), during any period in which both the Secretary and the Deputy
Secretary have died, resigned, or are otherwise unable to perform the
functions and duties of the office of Secretary, the following
officials designated in paragraphs (a)(1) through (a)(15) of this
section shall act as Secretary, in the order in which they are listed.
Each official shall act only in the event of the death, resignation, or
inability to perform the functions and duties of Secretary of the
immediately preceding official:
(1) Under Secretary of Agriculture for Farm and Foreign
Agricultural Services.
(2) Under Secretary of Agriculture for Food, Nutrition, and
Consumer Services.
(3) Assistant Secretary of Agriculture for Administration.
(4) Under Secretary of Agriculture for Research, Education, and
Economics.
(5) Under Secretary of Agriculture for Food Safety.
(6) Under Secretary of Agriculture for Natural Resources and
Environment.
(7) Under Secretary of Agriculture for Rural Development.
(8) Under Secretary of Agriculture for Marketing and Regulatory
Programs.
(9) General Counsel of the Department of Agriculture.
(10) Chief of Staff, Office of the Secretary.
(11) State Executive Directors of the Farm Service Agency for the
States of California, Iowa, and Kansas, in order of seniority fixed by
length of unbroken service as State Executive Director of that State.
(12) Regional Administrators of the Food and Nutrition Service for
the Mountain Plains Regional Office (Denver, Colorado), Midwest
Regional Office (Chicago, Illinois), and Western Regional Office (San
Francisco, California), in order of seniority fixed by length of
unbroken service as Regional Administrator of that Regional Office.
(13) Chief Financial Officer of the Department of Agriculture.
(14) Assistant Secretary of Agriculture (Civil Rights).
(15) Assistant Secretary of Agriculture (Congressional Relations).
(b) If any two or more individuals designated in paragraphs (a)(11)
or (a)(12) of this section were sworn in to, or commenced service in,
their respective offices on the same day, precedence shall be
determined by the alphabetical order of the State in which the
individual serves.
(c) No individual who is serving in an office listed in paragraphs
(a)(1) through (a)(15) of this section shall, by virtue of so serving,
act as Secretary pursuant to this section.
(d) No individual who is serving in an office listed in paragraphs
(a)(1) through (a)(15) of this section shall act as Secretary unless
that individual is otherwise eligible to so serve under the Federal
Vacancies Reform Act of 1998 (5 U.S.C. 3345, et seq.).
[[Page 40937]]
(e) Notwithstanding the provisions of this section and Executive
Order 13612, the President retains discretion, to the extent permitted
by law, to depart from the order of succession in paragraph (a) of this
section in designating an acting Secretary.
Subpart C--Delegations of Authority to the Deputy Secretary, Under
Secretaries, and Assistant Secretaries
Sec. 2.16 [Amended]
0
3. Amend Sec. 2.16 by removing and reserving paragraph (a)(2)(viii).
Sec. 2.17 [Amended]
0
4. Amend Sec. 2.17 by removing and reserving paragraph (a)(17).
0
5. Amend Sec. 2.20 by adding new paragraphs (a)(2)(xlv) and
(a)(3)(xxiv), to read as follows:
Sec. 2.20 Under Secretary for Natural Resources and Environment.
(a) * * *
(2) * * *
(xlv) Conduct activities that assist the Chief Economist in
developing guidelines regarding the development of environmental
services markets.
(3) * * *
(xxiv) Conduct activities that assist the Chief Economist in
developing guidelines regarding the development of environmental
services markets.
* * * * *
0
6. Amend Sec. 2.24 as follows:
0
a. Revise paragraphs (a)(2)(xi)(C), (a)(2)(xi)(D), (a)(3)(xxv),
(a)(4)(xx), and (a)(7)(xiv);
0
b. Remove paragraph (a)(4)(xxii);
0
c. Remove and reserve paragraph (a)(11);
0
d. Add and reserve new paragraphs (a)(3)(xxix) and (a)(6)(xix); and
0
e. Add new paragraphs (a)(3)(xxx), (a)(6)(iii)(I), (a)(6)(xx),
(a)(9)(vi), (a)(9)(vii), and (a)(9)(viii), to read as follows:
Sec. 2.24 Assistant Secretary for Administration.
(a) * * *
(2) * * *
(xi) * * *
(C) Manage the Enterprise Data Centers, including setting rates to
recover the cost of goods and services within approved policy and
funding levels; and oversee the delivery of Enterprise Data Center
goods and services, with authority to take actions required by law or
regulation to perform such services as a Working Capital Fund activity.
(D) Manage a comprehensive set of end user office automation
services, including setting rates to recover the cost of goods and
services within approved policy and funding levels; and oversee the
delivery of goods and services associated with end user office
automation services, including desktop computers, enterprise networking
support, handheld devices, and voice telecommunications, with authority
to take actions required by law or regulation to perform such services
as a Working Capital Fund activity.
* * * * *
(3) * * *
(xxv) Provide budget, accounting, fiscal, and related financial
management services, with authority to take action required by law or
regulation to provide such services for:
(A) The Secretary of Agriculture.
(B) The general officers of the Department, except the Inspector
General.
(C) The offices and agencies reporting to the Assistant Secretary
for Administration.
(D) Any other offices or agencies of the Department as may be
agreed.
* * * * *
(xxix) [Reserved]
(xxx) Redelegate, as appropriate, any authority delegated under
paragraph (a)(3) to general officers of the Department and heads of
Departmental agencies.
(4) * * *
(xx) Provide human resources operational services for the
following:
(A) The Secretary of Agriculture.
(B) The general officers of the Department.
(C) The offices and agencies reporting to the Assistant Secretary
for Administration.
(D) The Office of the Assistant Secretary for Civil Rights.
(E) Any other offices or agencies of the Department as may be
agreed.
* * * * *
(xxii) [Removed]
* * * * *
(6) * * *
(iii) * * *
(I) Serve as the designated Chief Acquisition Officer for the
Department pursuant to section 1702 of title 41, United States Code.
* * * * *
(xix) [Reserved]
(xx) Provide services, including procurement of supplies, services,
and equipment, with authority to take actions required by law or
regulation to perform such services for:
(A) The Secretary of Agriculture.
(B) The general officers of the Department, except the Inspector
General.
(C) Any other offices or agencies of the Department as may be
agreed, including as a Working Capital Fund activity.
(7) * * *
(xiv) Administer the Hispanic Serving Institutions National
Program, including through the use of cooperative agreements under 7
U.S.C. 3318(b).
* * * * *
(9) * * *
(vi) Provide services, including travel support, conference
management, and general administrative support including coordination
of office renovations and moves (within USDA Whitten Building), with
authority to take actions required by law or regulation to perform such
services for:
(A) The Secretary of Agriculture.
(B) The general officers of the Department, except the Inspector
General.
(C) The offices and agencies reporting to the Assistant Secretary
for Administration.
(D) The Office of the Assistant Secretary for Civil Rights.
(E) Any other offices or agencies of the Department as may be
agreed.
(vii) Prepare responses to requests under the Freedom of
Information Act with authority to take actions as required by law or
regulation for the office and agencies reporting to the Assistant
Secretary for Administration.
(viii) Administer the records management program in support of
Departmental Management, and prepare and coordinate responses to
management audits by the Inspector General and the Government
Accountability Office, with authority to take actions as required by
law or regulation for the offices and agencies reporting to the
Assistant Secretary for Administration.
* * * * *
(11) [Reserved]
* * * * *
0
7. Amend Sec. 2.25 as follows:
0
a. Revise paragraph (a)(21);
0
b. Redesignate paragraph (a)(22) as paragraph (a)(23); and
0
c. Add a new paragraph (a)(22).
The revision and addition read as follows:
Sec. 2.25 Assistant Secretary for Civil Rights.
(a) * * *
(21) Related to Alternative Dispute Resolution.
(i) Designate the senior official to serve as the Department
Dispute Resolution Specialist pursuant to section 3 of the
Administrative Dispute Resolution Act, Public Law 101-552, as amended
(5 U.S.C. 571 note), and provide leadership, direction, and
coordination for the Department's
[[Page 40938]]
conflict prevention and resolution activities.
(ii) Issue Departmental regulations, policies, and procedures
relating to the use of Alternative Dispute Resolution (ADR) to resolve
employment complaints and grievances, workplace disputes, program
complaints alleging civil rights violations, and contract and
procurement disputes.
(iii) Provide ADR services for:
(A) The Secretary of Agriculture.
(B) The general officers of the Department.
(C) The offices and agencies reporting to the Assistant Secretary
for Administration.
(D) Any other office or agency of the Department as may be agreed.
(iv) Develop and issue standards for mediators and other ADR
neutrals utilized by the Department.
(v) Coordinate ADR activities throughout the Department.
(vi) Monitor agency ADR programs and report at least annually to
the Secretary on the Department's ADR activities.
(22) Prepare, submit, and make publicly available the civil rights
report required by section 14010 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 2279-2).
* * * * *
Subpart D--Delegations of Authority to Other General Officers and
Agency Heads
0
8. Amend Sec. 2.29 as follows:
0
a. Remove paragraph (a)(2)(iii);
0
b. Remove and reserve paragraphs (a)(11)(iii) and (a)(11)(iv); and
0
c. Add new paragraphs (a)(12) through (a)(14) to read as follows:
Sec. 2.29 Chief Economist.
(a) * * *
(12) Related to climate change.
(i) Coordinate policy analysis, long-range planning, research, and
response strategies relating to climate change issues.
(ii) Provide liaison with other Federal agencies, through the
Office of Science and Technology Policy, regarding climate change
issues.
(iii) Inform the Department of scientific developments and policy
issues relating to the effects of climate change on agriculture and
forestry, including broader issues that affect the impact of climate
change on the farms and forests of the United States.
(iv) Recommend to the Secretary alternative courses of action with
which to respond to such scientific developments and policy issues.
(v) Ensure that recognition of the potential for climate change is
fully integrated into the research, planning, and decisionmaking
processes of the Department.
(vi) Coordinate global climate change studies.
(vii) Coordinate the participation of the Department in interagency
climate-related activities.
(viii) Consult with the National Academy of Sciences and private,
academic, State, and local groups with respect to climate research and
related activities.
(ix) Represent the Department to the Office of Science and
Technology Policy on issues related to climate change.
(x) Represent the Department on the Intergovernmental Panel on
Climate Change.
(xi) Review all Department budget items relating to climate change
issues, including specifically the research budget to be submitted by
the Secretary to the Office of Management and Budget.
(13) Related to environment.
(i) Coordinate implementation of section 1245 of the Food Security
Act of 1985 regarding environmental services markets (16 U.S.C. 3845).
(ii) [Reserved]
(14) Related to agreements.
(i) Enter into contracts, grants, or cooperative agreements to
further research programs in the food and agricultural sciences (7
U.S.C. 3318).
(ii) Enter into cost-reimbursable agreements relating to
agricultural research (7 U.S.C. 3319a).
0
9. Amend Sec. 2.31 as follows:
0
a. Redesignate paragraphs (a) through (p) as paragraphs (a)(1) through
(a)(16);
0
b. Redesignate the introductory text as paragraph (a) and revise the
newly redesignted text;
0
c. Remove and reserve newly redsignated paragraph (a)(8);
0
d. Redesignate newly redesignated paragraphs (a)(12)(1) through
(a)(12)(5) as paragraphs (a)(12)(i) through (v); and
0
e. Add new paragraphs (a)(17) and (b).
The revision and additions read as follows:
Sec. 2.31 General Counsel.
(a) Related to legal services. The General Counsel, as the chief
law officer of the Department, is legal advisor to the Secretary and
other officials of the Department and responsible for providing legal
services for all the activities of the Department. The delegations of
authority by the Secretary of Agriculture to the General Counsel
include the following:
* * * * *
(17) On a non-exclusive basis, assert in litigation the
deliberative process privilege and other legally recognized privileges.
(b) Related to ethics. The following delegation of authority is
made by the Secretary to the General Counsel: Provide administrative
supervision for the Office of Ethics.
Subpart F--Delegations of Authority by the Under Secretary for Farm
and Foreign Agricultural Services
Sec. 2.42 [Amended]
0
10. Amend Sec. 2.42 by removing and reserving paragraph (a)(35).
Subpart G--Delegations of Authority by the Under Secretary for
Rural Development
Sec. 2.47 [Amended]
0
11. Amend Sec. 2.47 by removing and reserving paragraph (a)(9).
Sec. 2.48 [Amended]
0
12. Amend Sec. 2.48 by removing and reserving paragraph (a)(15).
Sec. 2.49 [Amended]
0
13. Amend Sec. 2.49 by removing and reserving paragraph (a)(7).
Subpart J--Delegations of Authority by the Under Secretary for
Natural Resources and Environment
0
14. Amend Sec. 2.60 by adding new paragraph (a)(54), to read as
follows:
Sec. 2.60 Chief, Forest Service.
(a) * * *
(54) Conduct activities that assist the Director, Office of
Environmental Markets, in developing guidelines regarding the
development of environmental services markets.
* * * * *
0
15. Amend Sec. 2.61 by adding new paragraph (a)(29), to read as
follows:
Sec. 2.61 Chief, Natural Resources Conservation Service.
(a) * * *
(29) Conduct activities that assist the Director, Office of
Environmental Markets, in developing guidelines regarding the
development of environmental services markets.
* * * * *
Subpart L--Delegations of Authority by the Chief Economist
Sec. 2.71 [Amended]
0
16. Amend Sec. 2.71 by removing paragraph (a)(3).
17. Amend subpart L by adding new sections Sec. Sec. 2.74 and 2.75
to read as follows:
[[Page 40939]]
Sec. 2.74 Director, Climate Change Program Office.
(a) Delegations. Pursuant to Sec. 2.29(a)(12), the following
delegations of authority are made by the Chief Economist to the
Director, Climate Change Program Office:
(1) Coordinate policy analysis, long-range planning, research, and
response strategies relating to climate change issues.
(2) Provide liaison with other Federal agencies, through the Office
of Science and Technology Policy, regarding climate change issues.
(3) Inform the Department of scientific developments and policy
issues relating to the effects of climate change on agriculture and
forestry, including broader issues that affect the impact of climate
change on the farms and forests of the United States.
(4) Recommend to the Chief Economist alternative courses of action
with which to respond to such scientific developments and policy
issues.
(5) Ensure that recognition of the potential for climate change is
fully integrated into the research, planning, and decisionmaking
processes of the Department.
(6) Coordinate global climate change studies.
(7) Coordinate the participation of the Department in interagency
climate-related activities.
(8) Consult with the National Academy of Sciences and private,
academic, State, and local groups with respect to climate research and
related activities.
(9) Represent the Department to the Office of Science and
Technology Policy on issues related to climate change.
(10) Represent the Department on the Intergovernmental Panel on
Climate Change.
(11) Review all Department budget items relating to climate change
issues, including specifically the research budget to be submitted by
the Secretary to the Office of Management and Budget.
(b) [Reserved]
Sec. 2.75 Director, Office of Environmental Markets.
(a) Delegations. Pursuant to Sec. 2.29(a)(13), the following
delegations of authority are made by the Chief Economist to the
Director, Office of Environmental Markets:
(1) Coordinate implementation of section 1245 of the Food Security
Act of 1985 regarding environmental services markets (16 U.S.C. 3845).
(2) [Reserved]
(b) [Reserved]
Subpart P--Delegations of Authority by the Assistant Secretary for
Administration
0
18. Amend Sec. 2.89 by revising paragraphs (a)(11)(iii) and
(a)(11)(iv), to read as follows:
Sec. 2.89 Chief Information Officer.
(a) * * *
(11) * * *
(iii) Manage the Enterprise Data Centers, with the exception of the
National Finance Center; and oversee the delivery of Enterprise Data
Center goods and services, with authority to take actions required by
law or regulation to perform such services as a Working Capital Fund
activity.
(iv) Manage a comprehensive set of end user office automation
services and oversee the delivery of goods and services associated with
end user office automation services, including desktop computers,
enterprise networking support, handheld devices, and voice
telecommunications, with authority to take actions required by law or
regulation to perform such services as a Working Capital Fund activity.
* * * * *
0
19. Amend Sec. 2.90 as follows:
0
a. Revise paragraph (a)(25); and
0
b. Add a new paragraph (a)(30), to read as follows:
Sec. 2.90 Chief Financial Officer.
(a) * * *
(25) Provide budget, accounting, fiscal, and related financial
management services, with authority to take action required by law or
regulation to provide such services for:
(i) The Secretary of Agriculture.
(ii) The general officers of the Department, except the Inspector
General.
(iii) The offices and agencies reporting to the Assistant Secretary
for Administration.
(iv) Any other offices or agencies of the Department as may be
agreed.
* * * * *
(30) Redelegate, as appropriate, any authority delegated under this
section to general officers of the Department and heads of Departmental
agencies.
0
20. Amend Sec. 2.91 as follows:
0
a. Revise paragraph (a)(20) to read as set forth below; and
0
b. Remove paragraph (a)(22).
Sec. 2.91 Director, Office of Human Resources Management.
(a) * * *
(20) Provide human resources operational services for the
following:
(i) The Secretary of Agriculture.
(ii) The general officers of the Department.
(iii) The offices and agencies reporting to the Assistant Secretary
for Administration.
(iv) The Office of the Assistant Secretary for Civil Rights.
(v) Any other offices or agencies of the Department as may be
agreed.
* * * * *
0
21. Amend Sec. 2.93 by adding a new paragraph (a)(20) to read as
follows:
Sec. 2.93 Director, Office of Procurement and Property Management.
(a) * * *
(20) Provide services, including procurement of supplies, services,
and equipment, with authority to take actions required by law or
regulation to perform such services for:
(i) The Secretary of Agriculture.
(ii) The general officers of the Department, except the Inspector
General.
(iii) Any other offices or agencies of the Department as may be
agreed, including as a Working Capital Fund activity.
* * * * *
0
22. Amend Sec. 2.94 by revising paragraph (a)(14) to read as follows:
Sec. 2.94 Director, Office of Advocacy and Outreach.
(a) * * *
(14) Administer the Hispanic Serving Institutions National Program,
including through the use of cooperative agreements under 7 U.S.C.
3318(b).
0
23. Amend Sec. 2.96 by adding new paragraphs (a)(6), (a)(7), and
(a)(8) to read as follows:
Sec. 2.96 Director, Office of Operations.
(a) * * *
(6) Provide services, including travel support, conference
management, and general administrative support including coordination
of office renovations and moves (within USDA Whitten Building), with
authority to take actions required by law or regulation to perform such
services for:
(i) The Secretary of Agriculture.
(ii) The general officers of the Department, except the Inspector
General.
(iii) The offices and agencies reporting to the Assistant Secretary
for Administration.
(iv) The Office of the Assistant Secretary for Civil Rights.
(v) Any other offices or agencies of the Department as may be
agreed.
(7) Prepare responses to requests under the Freedom of Information
Act with authority to take actions as required by law or regulation for
the office and agencies reporting to the Assistant Secretary for
Administration.
[[Page 40940]]
(8) Administer the records management program in support of
Departmental Management, and prepare and coordinate responses to
management audits by the Inspector General and the Government
Accountability Office, with authority to take actions as required by
law or regulation for the offices and agencies reporting to the
Assistant Secretary for Administration.
* * * * *
Sec. 2.98 [Removed]
0
24. Remove Sec. 2.98.
Subpart Q--Delegations of Authority by the General Counsel
0
25. Revise Sec. 2.200 to read as follows:
Sec. 2.200 Principal Deputy General Counsel.
Pursuant to Sec. 2.31, the following delegation of authority is
made by the General Counsel to the Principal Deputy General Counsel, to
be exercised only during the absence or unavailability of the General
Counsel: Perform all duties and exercise all powers that are now or
which may hereafter be delegated to the General Counsel.
0
26. Amend subpart Q by adding new Sec. Sec. 2.201 and 2.202 to read as
follows:
Sec. 2.201 Director, Office of Ethics.
Pursuant to the Office of Government Ethics regulations at 5 CFR
part 2638, the Director, Office of Ethics, shall be the USDA Designated
Agency Ethics Official with the authority to coordinate and manage the
Department's ethics program as provided in part 2638.
Sec. 2.202 Deputy Director, Office of Ethics.
Pursuant to the Office of Government Ethics regulations at 5 CFR
part 2638, the Deputy Director, Office of Ethics, shall be the USDA
Alternate Agency Ethics Official and shall exercise the authority
reserved to the USDA Designated Agency Ethics Official as provided in
part 2638 in the absence or unavailability of the USDA Designated
Agency Ethics Official.
Done at Washington, DC, this 25th day of June, 2013.
Thomas J. Vilsack,
Secretary of Agriculture.
[FR Doc. 2013-15849 Filed 7-8-13; 8:45 am]
BILLING CODE 3410-90-P