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 http://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 http:// 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]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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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.

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Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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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