83 FR 61309 - Revision of Delegations of Authority
DEPARTMENT OF AGRICULTURE
Office of the Secretary Federal Register Volume 83, Issue 230 (November 29, 2018)
Office of the Secretary
Federal Register Volume 83, Issue 230 (November 29, 2018)
| Page Range | 61309-61318 | |
| FR Document | 2018-25443 |
[Federal Register Volume 83, Number 230 (Thursday, November 29, 2018)] [Rules and Regulations] [Pages 61309-61318] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25443] ======================================================================== 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. ======================================================================== Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Rules and Regulations [[Page 61309]] DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 2 RIN 0503-AA63 Revision of 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 adding and modifying certain delegations, as explained in the Supplementary Information section below. DATES: Effective November 29, 2018. FOR FURTHER INFORMATION CONTACT: Melissa McClellan, Office of the General Counsel, (202) 720-5565, [email protected]. SUPPLEMENTARY INFORMATION: This rule makes several changes to the United States Department of Agriculture's (USDA) delegations of authority in 7 CFR part 2 by adding new delegations and modifying existing delegations. Overview of Changes A. Departmental Administration Throughout part 2, this rule revises references to ``Departmental Management'' to read ``Departmental Administration'' to reflect the renaming of the former Departmental Management mission area, which reports to the Assistant Secretary for Administration. See Secretary's Memorandum (SM) 1076-022 (Feb. 2, 2018), available at https://www.ocio.usda.gov/sites/default/files/docs/2012/SM1076-22_DA_Reorg_20180202.pdf. In addition, the rule revises the delegations in part 2 to reflect the reorganization of the former Office of Procurement and Property Management (OPPM). The Director of the new Office of Contracting and Procurement (OCP) will receive the delegations of authority related to contracting and procurement activities formerly delegated by the Assistant Secretary of Administration to the Director of OPPM. The delegations of authority concerning real and personal property, fleet, and materials management that were formerly delegated by the Assistant Secretary for Administration to the Director of OPPM are now delegated to the Director of the newly established Office of Property and Fleet Management. The rule further revises the delegations of authority to the Chief Information Officer (CIO) and to the Director of the Office of the Executive Secretariat (OES) at Sec. 2.97 to reflect that the authority to ``Administer the Departmental records, forms, reports and Directives Management Programs'' has been transferred from OCIO to OES. Throughout part 2, this rule changes the name of the ``Office of Homeland Security and Emergency Coordination'' to the ``Office of Homeland Security,'' and makes changes to the delegations of authority to the Director of OHS, including transferring responsibility for USDA response efforts under the Oil Pollution Act of 1990 from OHS to the Office of Property and Fleet Management. B. Mission Area Business Centers Pursuant to Secretary's Memorandum 1076-018, this rule establishes new delegations of authority for the Chief Operating Officer of the Farm Production and Conservation (FPAC) Business Center to reflect the consolidation of management support functions for the agencies of the FPAC mission area. The rule also revokes certain delegations of authority to the Administrator of the Farm Service Agency (FSA) that have been transferred to the FPAC Business Center as part of this consolidation of functions. Similarly, the rule establishes new delegations for the Chief Operating Officer of the Rural Development (RD) Business Center to reflect the consolidation of management support functions for the RD agencies, and revokes certain delegations of authority to the Administrators of the Rural Utilities Service (RUS), Rural Business- Cooperative Service (RBS), and Rural Housing Service (RHS) related to environmental laws that have been transferred to the RD Business Center. In addition, the rule revokes the published delegation of authority to the RHS Administrator to collect, service and liquidate RHS loans, and redelegates these loan servicing functions for the RHS single family housing loan programs to the RD Business Center. The Assistant to the Secretary for RD also may transfer loan servicing for other RHS programs (e.g., Multifamily Housing, Community Facilities) and for RUS and RBS to the RD Business Center in the future. To provide flexibility as the RD Business Center grows, the Assistant to the Secretary for RD will issue written delegations of authority for other RD loan servicing functions as necessary. The management support functions for the agencies comprising the Research, Education, and Economics (REE) mission area have long been consolidated in an Administrative and Financial Management office organizationally located in the Agricultural Research Service (ARS). This rules updates the existing delegation to the Administrator of ARS to add information technology services to the management support services that the business center in ARS provides to all REE agencies on a reimbursable basis. Similarly, the management support functions for the agencies in the Marketing and Regulatory Programs mission area have long been consolidated in a business center residing in the Animal and Plant Health Inspection Service (APHIS). This rule updates the existing delegation of authority to the Administrator of APHIS to add information technology services to the consolidated management support functions provided by APHIS to AMS on a reimbursable basis. This rule further revises the delegations of authority to the Chief Information Officer to reflect that each mission area, rather than each agency, has one Chief Information Officer. See SM 1076-18 (Nov. 14, 2017), at https://www.ocio.usda.gov/sites/default/files/docs/2012/SM%201076-18.pdf. C. Office of Partnerships and Public Engagement The rule also revises the delegations to recognize the establishment of the Office of Partnerships and Public Engagement (OPPE), which now oversees the Office of Advocacy and Outreach (OAO), the Office of Tribal [[Page 61310]] Relations (OTR), the Military Veterans Agricultural Liaison, the Center for Faith-Based and Neighborhood Partnerships, and certain youth and other public-facing initiatives of the Department. See SM 1076-018 (Nov. 14, 2017), available at https://www.ocio.usda.gov/document/secretarys-memorandum-1076-018. The rule revokes the obsolete delegations of authority by the Secretary to the ASA related to OAO and OTR. The delegations of authority to the Director of OAO and to the Director of OTR that were formerly published as delegations by the ASA are now located in a new subpart V as delegations by the Director of OPPE. The Director of OTR continues to advise the Secretary on matters of policy related to Indian tribes in accordance with 7 U.S.C. 6921, and to serve as the point of contact in accessing Department-wide information regarding tribal issues. D. Grain Inspection, Packers and Stockyards Administration, U.S. Warehouse Act, and Commodity Procurement This rule also revises the delegations of authority to reflect the elimination of the Grain Inspection, Packers, and Stockyards Administration (GIPSA) as a stand-alone agency, and the transfer of the former GIPSA delegations to the AMS Administrator. This rule further transfers to the AMS Administrator the responsibility to administer the U.S. Warehouse Act (7 U.S.C. 241-273), which was formerly delegated to the FSA Administrator. The rule further consolidates commodity procurement across the Department by transferring delegations related to international commodity procurement from the Under Secretary of FPAC and the FSA Administrator to the Under Secretary for Marketing and Regulatory Programs and the AMS Administrator. See SM 1076-018 (Nov. 14, 2017). E. Office of Pest Management Policy Pursuant to 7 U.S.C. 7653, the Office of Pest Management Policy (OPMP) represents the Department in fulfilling responsibilities related to management of pesticides under the Food Quality Protection Act of 1996, the Federal Insecticide, Fungicide, and Rodenticide Act, and the Federal Food, Drug and Cosmetic Act and other applicable laws, and leads and coordinates the Department's pest management and biotechnology efforts. Prior to the 2017 reorganization of the Department, OPMP was located in ARS, and there were no published delegations of authority to the OPMP Director. This rule reflects the realignment of OPMP within the Office of the Chief Economist (OCE), and establishes a new section of delegations by the Chief Economist to the Director of OPMP at Sec. 2.75. In addition, the rule removes the outdated delegations to the Under Secretary for REE at Sec. 2.21(a)(1)(iii), to the Administrator of ARS at Sec. 2.65(a)(1), and to the Director of the National Institute of Food and Agriculture at Sec. 2.66(a)(115). See SM 20176-018 (Nov. 14, 2017). The revocation of these authorities is intended solely to reflect the administrative relocation of OPMP from ARS to OCE, and does not affect the authority of the Under Secretary of REE, the ARS Administrator, or the NIFA Director to carry out their programs. F. Office of Energy and Environmental Policy This rule further revises the delegations of authority to reflect the realignment of the climate, environmental markets, and energy policy functions of OCE. The new position of Director of the Office of Energy and Environmental Policy (OEEP) will oversee the Office of Energy Policy and New Uses, the Office of Environmental Markets, and the Climate Change Program Office, and will coordinate policy analysis, long-range planning, research priority setting, and response strategies for addressing energy development and environmental policy. To effect this change, the delegations formerly located at Sec. 2.74, related to the Climate Change Program Office, and at Sec. 2.75, related to the Office of Environmental Markets, are now consolidated under the delegations of authority to the Director of OEEP at Sec. 2.73. G. Settlement Authority for Commitments That Cannot Be Ratified This rule also revises the delegations to the Chief Financial Officer (CFO) by adding a new delegation to settle claims that are not otherwise provided for under 31 U.S.C. 3702(a) or another provision of law. Congress granted this claims settlement authority to the Director of the Office of Management and Budget in 31 U.S.C. 3702(a)(4), and the Director further delegated the authority to each Executive Branch agency. See Determination with Respect to Transfer of Functions Pursuant to Public Law 104-316, Office of Management and Budget (Dec. 17, 1996). Pursuant to the new delegation at Sec. 2.28(a)(30), the CFO now has the authority to resolve contract claims that are not ratifiable, including as described in the Federal Acquisition Regulation at 48 CFR 1.602-3(d). H. Miscellaneous Revisions This rules also makes the following miscellaneous revisions to the delegations. The authority to collect, summarize, and publish data on the production, distribution, and stocks of sugar is transferred from the Under Secretary for Marketing and Regulatory Programs and AMS Administrator to the Under Secretary for FPAC and FSA Administrator to reflect the current operation of these activities. The delegation of authority to the Under Secretary for FPAC related to defense and emergency preparedness is revised to eliminate references to ``foreign agricultural intelligence and other foreign agricultural matters,'' which are covered by an existing delegation to the Under Secretary for Trade and Foreign Agricultural Affairs. Finally, the delegations of authority to the Under Secretary for Marketing and Regulatory Programs and the Administrator of AMS have been revised to include updated citations to the Agricultural Marketing Act of 1946. 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 Orders 12866 and 13771. This action is not a rule as defined by the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601 et seq., or the Congressional Review 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, as discussed in the preamble, 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 continues 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. [[Page 61311]] 0 2. In part 2, revise all references to ``Departmental Management'' to read ``Departmental Administration,'' and revise all references to ``Office of Homeland Security and Emergency Coordination'' to read ``Office of Homeland Security''. Subpart A--General 0 3. Section 2.4 is revised to read as follows: Sec. 2.4 General officers. The work of the Department is under the supervision and control of the Secretary who is assisted by the following general officers: The Deputy Secretary, the Under Secretary for Farm Production and Conservation; the Under Secretary for Food, Nutrition, and Consumer Services, the Under Secretary for Food Safety; the Under Secretary for Marketing and Regulatory Programs; the Under Secretary for Natural Resources and Environment; the Under Secretary for Research, Education, and Economics; the Under Secretary for Trade and Foreign Agricultural Affairs; the Assistant Secretary for Administration; the Assistant Secretary for Civil Rights; the Assistant Secretary for Congressional Relations; the Assistant to the Secretary for Rural Development; the Chief Economist; the Chief Financial Officer; the Chief Information Officer; the General Counsel; the Inspector General; the Judicial Officer; the Director, National Appeals Division; the Director, Office of Budget and Program Analysis; the Director, Office of Communications; the Director, Office of Partnerships and Public Engagement; the Director, Office of Tribal Relations; and the Director, Office of Small and Disadvantaged Business Utilization. Subpart C--Delegations of Authority to the Deputy Secretary, Under Secretaries, and Assistant Secretaries 0 4. Amend Sec. 2.16 by: 0 a. Removing and reserving paragraphs (a)(1),(iv), and (xvi); 0 b. Adding paragraph (a)(1)(xvii); 0 c. Revising the reference to ``Assistant Secretary for Administration'' to read ``Director, Office of Partnerships and Public Engagement'' in paragraphs (a)(1)(xxviii) and (xxxiii); and 0 d. Revising paragraphs (a)(3)(iv)(G) and (a)(6)(i). The addition and revisions read as follows: Sec. 2.16 Under Secretary for Farm Production and Conservation. (a) * * * (1) * * * (xvii) Collect, summarize, and publish data on the production, distribution, and stocks of sugar. * * * * * (3) * * * (iv) * * * (G) The Emergency Conservation Program and the Emergency Watershed Protection Program under sections 401-405 of the Agricultural Credit Act of 1978, 16 U.S.C. 2201-2205. * * * * * (6) * * * (i) Administer responsibilities and functions assigned under the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), and title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195 et seq.), concerning agricultural production; food processing, storage, and distribution; distribution of farm equipment and fertilizer; rehabilitation and use of food, agricultural, and related agribusiness facilities; CCC resources; and farm credit and financial assistance. * * * * * Sec. 2.17 [Amended] 0 5. Amend Sec. 2.17 by revising the references to ``Assistant Secretary for Administration'' to read ``Director, Office of Partnerships and Public Engagement'' in paragraphs (a)(20)(xi), (a)(21)(xxv), and (a)(22)(viii). Sec. 2.21 [Amended] 0 6. Amend Sec. 2.21 by removing and reserving paragraph (a)(1)(iii). 0 7. Amend Sec. 2.22 by: 0 a. Revising paragraphs (a)(1)(i) and (a)(1)(viii)(X); 0 b. Removing and reserving paragraphs (a)(1)(viii)(CC) and (a)(1)(x); and 0 c. Adding paragraphs (a)(1)(xiv),(xv), and (xvi). The revisions and additions read as follows: Sec. 2.22 Under Secretary for Marketing and Regulatory Programs. (a) * * * (1) * * * (i) Exercise the functions of the Secretary of Agriculture contained in the Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621 et seq.), including payments to State Departments of Agriculture in connection with cooperative marketing service projects under section 204(b) (7 U.S.C. 1623(b)), but excepting matters otherwise assigned. * * * * * (viii) * * * (X) Beef Research and Information Act, as amended (7 U.S.C. 2901- 2918), except as delegated to the Under Secretary for Trade and Foreign Agricultural Affairs in Sec. Sec. 2.26(a)(1)(xiv) and (a)(3)(x); * * * * * (xiv) Administer the U.S. Warehouse Act, as amended (7 U.S.C. 241- 273), and perform compliance examinations for Agricultural Marketing Services programs. (xv) Administer commodity procurement and supply, transportation (other than from point of export, except for movement to trust territories or possessions), handling, payment, and related services in connection with programs under titles II and III of Public Law 480 (7 U.S.C. 1691, 1701, et seq.) and section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1), and payment and related services with respect to export programs and barter operations. * * * * * 0 8. Amend Sec. 2.24 by removing and reserving paragraphs (a)(7), (a)(8)(ii)(F) and (I), revising paragraph (a)(8)(iii), and removing and reserving paragraph (a)(8)(vii). The revision reads as follows: Sec. 2.24 Assistant Secretary for Administration. (a) * * * (8) * * * (iii) Administer the Classified Network, Controlled Unclassified Information, and Insider Threat programs of the Department (E.O. 13587; E.O. 13556 and 32 CFR part 2002). * * * * * Subpart D--Delegations of Authority to Other General Officers and Agency Heads 0 9. Amend Sec. 2.28 by: 0 a. In paragraph (a)(27), removing the term ``Office of Procurement and Property Management'' and adding in its place the term ``Office of Contracting and Procurement''; and 0 b. Adding paragraph (a)(30). The addition reads as follows: Sec. 2.28 Chief Financial Officer. (a) * * * (30) Settle claims not otherwise provided for under 31 U.S.C. 3702(a) or another provision of law. * * * * * 0 10. Amend Sec. 2.29 by adding paragraph (a)(16) to read as follows: Sec. 2.29 Chief Economist. (a) * * * (16) Related to Pest Management and Policy. Coordinate USDA policy relative to the Federal Insecticide, Fungicide, [[Page 61312]] and Rodenticide Act, as amended (7 U.S.C. 136 et seq.) and coordinate the Department's Integrated Pest Management Programs and the Pesticide Assessment Program (7 U.S.C.136-136y) (7 U.S.C. 7653). * * * * * 0 11. Revise Sec. 2.38 to read as follows: Sec. 2.38 Director, Office of Partnerships and Public Engagement. (a) Delegations. The following delegations of authority are made by the Secretary of Agriculture to the Director, Office of Partnerships and Public Engagement: (1) Related to Advocacy and Outreach: (i) Ensure that small farms and ranches, beginning farmers or ranchers, and socially disadvantaged farmers or ranchers have access to, and equitable participation in, programs and services of the Department pursuant to section 226B(c) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934(c)). (ii) Oversee the Advisory Committee for Beginning Farmers and Ranchers. (iii) Oversee the operations of the Office of Small Farms Coordination. (iv) Administer section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279), except for authorities related to the Census of Agriculture and economic studies in subsection (h) of that section. (v) Oversee the Minority Farmer Advisory Committee pursuant to section 14008 of FCEA (7 U.S.C. 2279 note). (vi) Administer the low-income migrant and seasonal farmworker grants program under section 2281 of the Food, Agriculture, Conservation, and Trade Act of 1990 (42 U.S.C. 5177a). (vii) Consult with appropriate entities regarding integration of farmworker interests into Department programs, including assisting farmworkers in becoming agricultural producers or landowners, and research, program improvements, and agricultural education opportunities for low-income and migrant seasonal farmworkers. (viii) Administer the grants program under section 14204 of FCEA (7 U.S.C. 2008q-1) to improve the supply, stability, safety, and training of the agricultural labor force. (ix) Administer and coordinate a USDA outreach program in collaboration with USDA agencies. (x) Administer section 2501A of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1), including the authority to coordinate Department policy for the issuance of receipts under subsection (e) of that section. (xi) Provide strategic planning and performance measurement, coordinate outreach activities, monitor goals and objectives, and evaluate programs, of Department programs and activities involving small farms or ranches and beginning or socially disadvantaged farmers or ranchers. (xii) Administer the USDA/1994 Land Grant Institutions (Tribal Colleges) Programs. (xiii) Administer the USDA/1890 Liaison Officer Program. (xiv) Administer the Hispanic Serving Institutions National Program, including through the use of cooperative agreements under 7 U.S.C. 3318(b). (xv) Serve as a lead agency in carrying out student internship programs (7 U.S.C. 2279c). (xvi) Coordinate outreach to Asian Americans and Pacific Islanders. (2) Related to Indian tribes: (i) Serve as the Department's primary point of contact for tribal issues. (ii) Advise the Secretary on policies related to Indian tribes. (iii) Serve as the official with principal responsibility for the implementation of Executive Order 13175, ``Consultation and Coordination with Indian Tribal Governments,'' including the provision of Department-wide guidance and oversight regarding tribal consultation, coordination, and collaboration. (iv) Coordinate the Department's programs involving assistance to American Indians and Alaska Natives. (v) Enter into cooperative agreements to improve the coordination and effectiveness of Federal programs, services, and actions affecting rural areas (7 U.S.C. 2204b(b)(4)); and to provide outreach and technical assistance to socially disadvantaged farmers and ranchers and veteran farmers and ranchers (7 U.S.C. 2279(a)(3)). (3) Oversee the Military Veterans Agricultural Liaison (7 U.S.C. 6919). (4) Oversee the Center for Faith-Based and Neighborhood Partnerships. (5) Oversee the Women in Agriculture Initiative. (6) With the exception of competitive grant programs administered by the National Institute of Food and Agriculture, or any youth employment opportunity programs such as Pathways or Job Corp, serve as the Department lead for strategic planning and coordinating youth outreach activities of USDA agencies' programs (including, but not limited to, 4-H; Science, Technology, Engineering and Math (STEM) programs; information and cyber technology student programs, Future Farmers of America (FFA) activities; summer high school internships; and youth gardening programs); development of program evaluation metrics and consistent messaging for youth outreach activities; and monitoring goals and objectives. (b) [Reserved] Subpart F--Delegations of Authority by the Under Secretary for Farm Production and Conservation 0 12. Add Sec. 2.41 to read as follows: Sec. 2.41 Chief Operating Officer, Farm Production and Conservation Business Center. (a) Delegations. Pursuant to Sec. 2.16(a), subject to the reservations in Sec. 2.16(b)(1), the following delegations of authority are made by the Under Secretary for Farm Production and Conservation to the Chief Operating Officer, Farm Production and Conservation Programs Business Center: (1) Provide to the Farm Service Agency, Natural Resources Conservation Service, and Risk Management Agency management support services including information technology, financial management, human resources, procurement, property management, and related business and administrative processes. (2) Administer responsibilities and functions assigned under the Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.), and title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195 et seq.), concerning agricultural production; food processing, storage, and distribution; distribution of farm equipment and fertilizer; rehabilitation and use of food, agricultural, and related agribusiness facilities; CCC resources; and farm credit and financial assistance. (3) Conduct fiscal, accounting and claims functions relating to CCC programs for which the Foreign Agricultural Service has been delegated authority under Sec. 2.601 and, in conjunction with other agencies of the U.S. Government, develop and formulate agreements to reschedule amounts due from foreign countries. (4) Administer Section 15353(a) of the Food, Conservation, and Energy Act of 2008, Public Law 110-246 relating to information reporting for Commodity Credit Corporation transactions. (5) Coordinate and prevent duplication of aerial photographic work of the Department, including: (i) Clearing photography projects; (ii) Assigning symbols for new aerial photography, maintaining symbol records, and furnishing symbol books; (iii) Recording departmental aerial photography flow and coordinating the [[Page 61313]] issuance of aerial photography status maps of latest coverage; (iv) Promoting interchange of technical information and techniques to develop lower costs and better quality; (v) Representing the Department on committees, task forces, work groups, and other similar groups concerned with aerial photography acquisition and reproduction; (vi) Providing a Chairperson for the Photography Sales Committee of the Department; (vii) Coordinating development, preparation, and issuance of specifications for aerial photography for the Department; (viii) Coordinating and performing procurement, inspection, and application of specifications for USDA aerial photography; (ix) Maintaining library and files of USDA aerial film and retrieving and supplying reproductions on request. (b) [Reserved] 0 13. Amend Sec. 2.42 by: 0 a. Removing and reserving paragraphs (a)(3) and (4), (a)(5)(i), and (a)(7), (12), and (18); 0 b. Adding paragraph (a)(19); and 0 c. Removing and reserving paragraph (a)(56)(ix). The addition reads as follows: Sec. 2.42 Administrator, Farm Service Agency. (a) * * * (19) Collect, summarize, and publish data on the production, distribution, and stocks of sugar. * * * * * Subpart G--Delegations of Authority by the Assistant to the Secretary for Rural Development 0 14. Add Sec. 2.46, to read as follows: Sec. 2.46 Chief Operating Officer, Rural Development Business Center. (a) Delegations. Pursuant to Sec. 2.17(a), subject to the reservations in Sec. 2.17(b), the following delegations of authority are made by the Assistant to the Secretary for Rural Development to the Chief Operating Officer, Rural Development Business Center: (1) Provide to the Rural Utilities Service, Rural Housing Service, and Rural Business-Cooperative Service management support services including information technology, financial management, human resources, procurement, property management, and related business and administrative processes. (2) With respect to land and facilities under the authority of the Assistant to the Secretary for Rural Development, exercise the functions delegated to the Secretary by Executive Order 12580, 3 CFR, 1987 Comp., p. 193, under the following provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``the Act''), as amended: (i) Sections 104(a), (b), and (c)(4) of the Act (42 U.S.C. 9604(a), (b), and (c)(4)), with respect to removal and remedial actions in the event of release or threatened release of a hazardous substance, pollutant, or contaminant into the environment; (ii) Sections 104(e)-(h) of the Act (42 U.S.C. 9604(e)-(h)), with respect to information gathering and access requests and orders; compliance with Federal health and safety standards and wage and labor standards applicable to covered work; and emergency procurement powers; (iii) Section 104(i)(11) of the Act (42 U.S.C. 9604(i)(11)), with respect to the reduction of exposure to significant risk to human health; (iv) Section 104(j) of the Act (42 U.S.C. 9604(j)), with respect to the acquisition of real property and interests in real property required to conduct a remedial action; (v) The first two sentences of section 105(d) of the Act (42 U.S.C. 9605(d)), with respect to petitions for preliminary assessment of a release or threatened release; (vi) Section 105(f) of the Act (42 U.S.C. 9605(f)), with respect to consideration of the availability of qualified minority firms in awarding contracts, but excluding that portion of section 105(f) pertaining to the annual report to Congress; (vii) Section 109 of the Act (42 U.S.C. 9609), with respect to the assessment of civil penalties for violations of section 122 of the Act (42 U.S.C. 9622), and the granting of awards to individuals providing information; (viii) Section 111(f) of the Act (42 U.S.C. 9611(f)), with respect to the designation of officials who may obligate money in the Hazardous Substances Superfund; (ix) Section 113(k) of the Act (42 U.S.C. 9613(k)), with respect to establishing an administrative record upon which to base the selection of a response action and identifying and notifying potentially responsible parties; (x) Section 116(a) of the Act (42 U.S.C. 9616(a)), with respect to preliminary assessment and site inspection of facilities; (xi) Sections 117(a) and (c) of the Act (42 U.S.C. 9617(a) and (c)), with respect to public participation in the preparation of any plan for remedial action and explanation of variances from the final remedial action plan for any remedial action or enforcement action, including any settlement or consent decree entered into; (xii) Section 119 of the Act (42 U.S.C. 9119), with respect to indemnifying response action contractors; (xiii) Section 121 of the Act (42 U.S.C. 9621), with respect to cleanup standards; and (xiv) Section 122 of the Act (42 U.S.C. 9622), with respect to settlements, but excluding section 122(b)(1) of the Act (42 U.S.C. 9622(b)(1)), related to mixed funding agreements. (3) With respect to facilities and activities under the authority of the Assistant to the Secretary for Rural Development, exercise the authority of the Secretary of Agriculture pursuant to section 1-102 related to compliance with applicable pollution control standards and section 1-601 of Executive Order 12088, 3 CFR, 1978 Comp., p. 243, to enter into an inter-agency agreement with the United States Environmental Protection Agency, or an administrative consent order or a consent judgment in an appropriate State, interstate, or local agency, containing a plan and schedule to achieve and maintain compliance with applicable pollution control standards established pursuant to the following: (i) Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as further amended by the Hazardous and Solid Waste Amendments, and the Federal Facility Compliance Act (42 U.S.C. 6901 et seq.); (ii) Federal Water Pollution Prevention and Control Act, as amended (33 U.S.C. 1251 et seq.); (iii) Safe Drinking Water Act, as amended (42 U.S.C. 300f et seq.); (iv) Clean Air Act, as amended (42 U.S.C. 7401 et seq.); (v) Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.); (vi) Toxic Substances Control Act, as amended (15 U.S.C. 2601 et seq.); (vii) Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136 et seq.); and (viii) Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9601 et seq.). (4) Collect, service, and liquidate single family housing loans made, insured, or guaranteed by the Rural Housing Service. (b) [Reserved.] [[Page 61314]] Sec. 2.47 [Amended] 0 15. Amend Sec. 2.47 by removing and reserving paragraphs (a)(11) and (12). Sec. 2.48 [Amended] 0 16. Amend Sec. 2.48 by removing and reserving paragraphs (a)(17) and (18). Sec. 2.49 [Amended] 0 17. Amend Sec. 2.49 by removing and reserving paragraphs (a)(5), (9), and (10). Subpart K--Delegations of Authority by the Under Secretary for Research, Education, and Economics 0 18. Amend Sec. 2.65 by removing and reserving paragraph (a)(1) and revising the second sentence in paragraph (a)(59). The revision reads as follows: Sec. 2.65 Administrator, Agricultural Research Service. (a) * * * (59) * * * As used herein, the term management support services includes budget, finance, personnel, information technology, procurement, property management, communications, paperwork management, and related administrative services. * * * * * Sec. 2.66 [Amended] 0 19. Amend Sec. 2.66 by removing and reserving paragraph (a)(115). Subpart L--Delegations of Authority by the Chief Economist 0 20. Amend Sec. 2.73 by revising the section heading and paragraph (a) introductory text and adding paragraphs (a)(10) and (11) to read as follows: Sec. 2.73 Director, Office of Energy and Environmental Policy. (a) Delegations. Pursuant to Sec. 2.29(a)(11) through (13) the following delegations of authority are made by the Chief Economist to the Director, Office of Energy and Environmental Policy. * * * * * (10) Related to global 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 Chief Economist 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. (11) Related to environmental markets. Coordinate implementation of section 1245 of the Food Security Act of 1985 regarding environmental services markets (16 U.S.C. 3845). * * * * * Sec. 2.74 [Removed and Reserved] 0 21. Remove and reserve Sec. 2.74. 0 22. Revise Sec. 2.75 to read as follows: Sec. 2.75 Director, Office of Pest Management Policy. (a) Delegations. Pursuant to Sec. 2.29(a)(16), the following delegations of authority are made by the Chief Economist to the Director, Office of Pest Management Policy: (1) Coordinate USDA policy relative to the Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136, et seq.) and coordinate the Department's Integrated Pest Management Programs and the Pesticide Assessment Program (7 U.S.C. 136-136y) (7 U.S.C. 7653). (2) [Reserved] (b) [Reserved] Subpart N--Delegations of Authority by the Under Secretary for Marketing and Regulatory Programs 0 20. Amend Sec. 2.79 by: 0 a. Revising paragraph (a)(1); 0 b. Removing and reserving paragraphs (a)(8)(xxxvii) and (10); and 0 c. Adding paragraphs (a)(16) through (22). The revision and additions read as follows: Sec. 2.79 Administrator, Agricultural Marketing Service. (a) * * * (1) Exercise the functions of the Secretary of Agriculture contained in the Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621 et seq.), including payments to State Departments of Agriculture in connection with cooperative marketing service projects under section 204(b) (7 U.S.C. 1623(b)), but excepting matters otherwise assigned. * * * * * (16) Administer the United States Grain Standards Act, as amended (7 U.S.C. 71-87h). (17) Administer the Packers and Stockyards Act, 1921, as amended and supplemented. (18) Enforce provisions of the Consumer Credit Protection Act (15 U.S.C. 1601-1665, 1681-1681t), with respect to any activities subject to the Packers and Stockyards Act, 1921, as amended and supplemented. (19) Exercise the functions of the Secretary of Agriculture contained in section 1324 of the Food Security Act of 1985 (7 U.S.C. 1631). (20) Administer responsibilities and functions assigned to the Secretary in section 11006 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 228 note), with respect to the Packers and Stockyards Act, 1921. (21) Administer the U. S. Warehouse Act, as amended (7 U.S.C. 241- 273), and perform compliance examinations for Agricultural Marketing Services programs. (22) Administer commodity procurement and supply, transportation (other than from point of export, except for movement to trust territories or possessions), handling, payment, and related services in connection with programs under titles II and III of Public Law 480 (7 U.S.C. 1691, 1701, et seq.) and section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1), and payment and related services with respect to export programs and barter operations. * * * * * 0 21. Amend Sec. 2.80 by revising paragraph (a)(24) to read as follows: Sec. 2.80 Administrator, Animal and Plant Health Inspection Service. (a) * * * (24) Provide management support services for the Agricultural Marketing Service, as agreed upon by the agencies, with authority to take actions required by law or regulation. As used herein, the [[Page 61315]] term management support services includes information technology, budget, finance, personnel, procurement, property management, communications, paperwork management, and related administrative services. * * * * * Sec. 2.81 [Removed and Reserved] 0 22. Remove and reserve Sec. 2.81. Subpart P--Delegations of Authority by the Assistant Secretary for Administration Sec. 2.89 [Amended] 0 23. Amend Sec. 2.89 by: 0 a. Removing and reserving paragraph (a)(11)(xi); 0 b. Removing the term ``agency'' and adding in its place the term ``mission area'' in paragraphs (a)(12)(ii) and (iii); 0 c. Removing the term ``Agency Heads'' and adding in its place the term ``mission area heads'' in paragraph (a)(12)(iv); and 0 d. Removing the term ``agencies'' and adding in its place the term ``mission areas'' in paragraph (a)(12)(vi). 0 24. Add Sec. 2.90 to read as follows: Sec. 2.90 Director, Office of Property and Fleet Management. (a) Delegations. Pursuant to Sec. 2.24(a)(6) of this chapter, and with due deference for delegations to other Departmental Administration officials, the following delegations of authority are made by the Assistant Secretary for Administration to the Director, Office of Property and Fleet Management: (1) Promulgate policies, standards, techniques, and procedures, and represent the Department, in the following: (i) Utilization, value analysis, construction, maintenance, and disposition of real and personal property, including control of space assignments. (ii) Motor vehicle and aircraft fleet and other vehicular transportation. (iii) Transportation of things (traffic management). (iv) Prevention, control, and abatement of pollution with respect to Federal facilities and activities under the control of the Department (Executive Order 12088, ``Federal Compliance With Pollution Control Standards,'' 3 CFR, 1978 Comp., p. 243). (v) Development and implementation of sustainable operations actions including establishing and achieving greenhouse gas emission reduction goals, reducing energy intensity, increasing renewable energy use, increasing water efficiency, reducing petroleum use and increasing alternative fuel use, increasing recycling and waste diversion, preventing pollution, reducing use of toxic chemicals, procuring sustainable products and services, achieving sustainable principles for new and existing buildings, promoting electronic stewardship, and continuing environmental management system use. Maintain liaison with the Office of the Federal Environmental Executive, the Council on Environmental Quality, the Office of Management and Budget (OMB), the Department of Energy, and other Government agencies in these matters. (vi) Implementation of a program for the Federal procurement of biobased products and of a voluntary ``USDA Certified Biobased product'' labeling program (7 U.S.C. 8102). (vii) Entering into cooperative agreements to further research programs in the food and agricultural sciences, related to establishing and implementing Federal biobased procurement and voluntary biobased labeling programs (7 U.S.C. 3318). (2) Exercise the following special authorities: (i) Maintain custody and permit appropriate use of the official seal of the Department. (ii) Establish policy for the use of the official flags of the Secretary and the Department. (iii) Coordinate collection and disposition of personal property of historical significance. (iv) Make information returns to the Internal Revenue Service as prescribed by 26 U.S.C. 6050M and by 26 CFR 1.6050M-1 and such other Treasury regulations, guidelines or procedures as may be issued by the Internal Revenue Service in accordance with 26 U.S.C. 6050M. This includes making such verifications or certifications as may be required by 26 CFR 1.6050M-1 and making the election allowed by 26 CFR 1.6050M- 1(d)(5)(1). (v) Represent the Department in working with the Government Accountability Office (GAO), the General Services Administration, OMB, and other organizations or agencies on matters related to assigned responsibilities. (vi) Redelegate, as appropriate, the authority in paragraphs (a)(4) and (a)(6) of this section to agency Property Officials or other qualified agency officials with no power of further redelegation. (3) Transfer excess research equipment to eligible educational institutions or certain non-profit organizations for the conduct of technical and scientific education and research activities under section 11(i) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710(i)) (7 CFR part 2812). (4) Promulgate policy and obtain and furnish Federal excess personal property in accordance with section 923 of Public Law 104-127 (7 U.S.C. 2206a), to support research, educational, technical and scientific activities or for related programs, to: (i) Any 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (Pub. L. 103-382; 7 U.S.C. 301 note)). (ii) Any Institutions eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321, et seq.) including Tuskegee University. (iii) Any Hispanic-serving Institutions (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). (5) Make available to organizations excess or surplus computers or other technical equipment of the Department for the purpose of distribution to cities, towns, or local government entities in rural areas (7 U.S.C. 2206b). (6) Issue regulations and directives to implement or supplement the Federal Property Management Regulations (41 CFR chapter 101) and the Federal Management Regulation (41 CFR chapter 102). (7) Related to compliance with environmental laws and sustainable operating requirements. (i) Serve as Departmental Administration Member and Executive Secretary of the USDA Sustainable Operations Council. (ii) Represent USDA in consulting or working with the EPA, the Council on Environmental Quality, the Domestic Policy Council, and others to develop policies relating to hazardous materials management and Federal facilities compliance with applicable pollution control laws. (iii) Monitor, review, evaluate, and oversee hazardous materials management program activities and compliance Department-wide. (iv) Monitor, review, evaluate, and oversee USDA agency expenditures for hazardous materials management program accomplishments. (v) Represent USDA on the National Response Team and exercise responsibility for USDA response efforts for hazardous substance releases and oil spills pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9601, et seq.); the Clean Water Act, as amended [[Page 61316]] (33 U.S.C. 1251, et seq.); Oil Pollution Act, as amended (33 U.S.C. 2701, et seq.); Executive Order 12580, ``Superfund Implementation,'' 3 CFR, 1987 Comp., p. 193; Executive Order 12777, ``Implementation of section 311 of the Federal Water Pollution Control Act of October 18, 1972, as amended, and the Oil Pollution Act of 1990,'' 3 CFR, 1991 Comp., p. 351, and the National Oil and Hazardous Substances Contingency Plan, 40 CFR part 300. When a spill of national significance is declared under the Oil Pollution Act of 1990, responsibility for USDA response efforts will transfer to the Office of Homeland Security and Emergency Coordination, as determined by the Assistant Secretary for Administration. (vi) Approve disbursements from the New World Mine Response and Restoration Account, approve the New World Mine Response and Restoration Plan, and make quarterly reports to Congress under Sections 502(d) and (f) of Title V of the Department of the Interior and Related Agencies Appropriations Act of 1998, Public Law 105-83. (vii) Ensure that the Hazardous Materials Management Program Department-wide is accomplished with regard to, and in compliance with, Executive Order 12898, ``Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,'' 3 CFR, 1994 Comp., p. 859. (viii) Take such action as may be necessary, with the affected agency head and with the concurrence of the General Counsel, including issuance of administrative orders and agreements with any person to perform any response action under sections 106(a) and 122 (except subsection (b)(1)) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9606(a), 9622), pursuant to sections 4(c)(3) and 4(d)(3) of Executive Order 12580, ``Superfund Implementation,'' 3 CFR, 1987 Comp., p. 193, as amended by Executive Order 13016, ``Amendment to Executive Order No. 12580,'' 3 CFR, 1996 Comp., p. 214. (ix) Represent USDA on the EPA Brownfields Federal Partnership and coordinate USDA support for Brownfields redevelopment and establish policy and guidance for the implementation of the June 2003 amendment to Executive Order 12580, ``Superfund Implementation,'' 3 CFR, 1987 Comp., p. 193 (Executive Order 13308, ``Further Amendment to Executive Order 12580, As Amended, Superfund Implementation,'' 3 CFR, 2003 Comp., p. 239). (8) Exercise responsibility for USDA response efforts when a spill of national significance is declared under the Oil Pollution Act of 1990, as determined by the Assistant Secretary for Administration. (b) [Reserved] 0 25. Amend Sec. 2.91 by revising paragraph (a)(21) and adding paragraph (a)(22) to read as follows: Sec. 2.91 Director, Office of Human Resources Management. (a) * * * (21) Related to occupational safety and health: (i) Establish Departmentwide safety and health policy and provide leadership in the development, coordination, and implementation of related standards, techniques, and procedures, and represent the Department in complying with laws, Executive Orders and other policy and procedural issuances and related to occupational safety and health and workers' compensation programs within the Department. (ii) Represent the Department in all rulemaking, advisory, or legislative capacities on any groups, committees, or Governmentwide activities that affect the USDA Occupational Safety and Health Management Program. (iii) Determine and provide Departmentwide technical services and regional staff support for the safety and health programs. (iv) Administer the computerized management information systems for the collection, processing, and dissemination of data related to the Department's occupational safety and health programs. (v) Administer the Department's Occupational Health and Preventive Medicine Program, as well as design and operate employee assistance and workers' compensation activities. (vi) Provide education and training on a Departmentwide basis for safety and health-related issues and develop resource and operational manuals. (22) Redelegate, as appropriate, any authority delegated under paragraphs (a)(1) through (21) of this section to general officers of the Department and heads of Departmental agencies, provided that the Director, Office of Human Resources Management retains the authority to make final decisions in any human resources matter so redelegated. * * * * * 0 26. Revise Sec. 2.93 to read as follows: Sec. 2.93 Director, Office of Contracting and Procurement. (a) Delegations. Pursuant to Sec. 2.24(a)(6) of this chapter, and with due deference for delegations to other Departmental Administration officials, the following delegations of authority are made by the Assistant Secretary for Administration to the Director, Office of Contracting and Procurement: (1) Exercise full Departmentwide contracting and procurement authority. (2) Promulgate policies, standards, techniques, and procedures, and represent the Department, in the following: (i) Acquisition, including, but not limited to, the procurement of supplies, services, equipment, and construction. (ii) Socioeconomic programs relating to contracting. (iii) Selection, standardization, and simplification of program delivery processes utilizing contracts. (iv) Acquisition and leasing of real and personal property. (v) Implementation of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601, et seq.). (vi) Implementation of the policies and procedures set forth in OMB Circular No. A-76, Performance of Commercial Activities. (3) Exercise the following special authorities: (i) The Director, Office of Contracting and Procurement, is designated as the Departmental Debarring Officer and authorized to perform the functions of 48 CFR part 9, subpart 9.4 related to procurement activities, except for commodity acquisitions on behalf of the Commodity Credit Corporation (7 CFR part 1407), with authority to redelegate suspension and debarment authority for contracts awarded under the School Lunch and Surplus Removal Programs (42 U.S.C. 1755 and 7 U.S.C. 612c). (ii) Promulgate regulations for the management of contracting and procurement for information technology and telecommunication equipment, software, services, maintenance and related supplies. (iii) Represent the Department in working with the Government Accountability Office (GAO), the General Services Administration, OMB, and other organizations or agencies on matters related to assigned responsibilities. (iv) Conduct liaison with the Office of Federal Register (1 CFR part 16) including the making of required certifications pursuant to 1 CFR part 18. (4) Exercise authority under the Department's Chief Acquisition Officer (the Assistant Secretary for [[Page 61317]] Administration) to integrate and unify the management process for the Department's major system acquisitions and to monitor implementation of the policies and practices set forth in OMB Circular No. A-109, Major Systems Acquisitions, with the exception that major system acquisitions for information technology shall be under the cognizance of the Chief Information Officer. This delegation includes the authority to: (i) Ensure that OMB Circular No. A-109 is effectively implemented in the Department and that the management objectives of the Circular are realized. (ii) Review the program management of each major system acquisition, excluding information technology. (iii) Designate the program manager for each major system acquisition, excluding information technology. (iv) Designate any Departmental acquisition, excluding information technology, as a major system acquisition under OMB Circular No. A-109. (5) Pursuant to Executive Order 12931, ``Federal Procurement Reform,'' and 41 U.S.C. 1702(c), serve as the Senior Procurement Executive for the Department with responsibility for the following: (i) Prescribing and publishing Departmental acquisition policies, advisories, regulations, and procedures. (ii) Taking any necessary actions consistent with policies, regulations, and procedures, with respect to purchases, contracts, leases, agreements, and other transactions. (iii) Appointing contracting officers. (iv) Establishing clear lines and limitations of contracting authority through written delegations of authority. (v) Approving any Departmental and component agency procurement systems and processes. (vi) Managing and enhancing career development of the Department's acquisition workforce. (vii) Participating in the development of Governmentwide procurement policies, regulations and standards, and determining specific areas where Governmentwide performance standards should be established and applied. (viii) Developing unique Departmental standards as required. (ix) Overseeing the development of procurement goals, guidelines, and innovation. (x) Measuring and evaluating procurement office performance against stated goals. (xi) Advising the Assistant Secretary for Administration whether procurement goals are being achieved. (xii) Prescribing standards for agency Senior Contracting Officials. (xiii) Redelegating, suspending, or revoking, as appropriate, the authority in paragraph (a)(5)(i) of this section to agency Senior Contracting Officials or other qualified agency officials with no power of further redelegation. (xiv) Redelegating, suspending, or revoking, as appropriate, the authorities in paragraphs (a)(5)(ii), (iii), (iv), (vi), and (vii) of this section to agency Senior Contracting Officials or other qualified agency officials with the power of further redelegation. (6) Represent the Department in establishing standards for acquisition transactions within the electronic data interchange environment. (7) Designate the Departmental Task Order Ombudsman pursuant to 41 U.S.C. 253j. (8) Serve as Departmental Remedy Coordination Official pursuant to 41 U.S.C. 255 to determine whether payment to any contractor should be reduced or suspended based on substantial evidence that the request of the contractor for advance, partial, or progress payment is based on fraud. (9) Review and approve exemptions for USDA contracts, subcontracts, grants, agreements, and loans from the requirements of the Clean Air Act, as amended (42 U.S.C. 7401, et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251, et seq.), and Executive Order 11738, ``Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act With Respect to Federal Contracts, Grants, or Loans,'' 3 CFR, 1971-1975 Comp., p. 799, when he or she determines that the paramount interest of the United States so requires as provided in these acts and Executive Order and the regulations of the EPA (2 CFR 1532.1140). (10) Issue regulations and directives to implement or supplement the Federal Acquisition Regulations (48 CFR chapter 1 and 4). (12) Pursuant to the Office of Federal Procurement Policy Act (Act), as amended (41 U.S.C. 401, et seq.), designate the Department's Advocate for Competition with the responsibility for section 20 of the Act (41 U.S.C. 418), including: (i) Reviewing the procurement activities of the Department. (ii) Developing new initiatives to increase full and open competition. (iii) Developing goals and plans and recommending actions to increase competition. (iv) Challenging conditions unnecessarily restricting competition in the acquisition of supplies and services. (v) Promoting the acquisition of commercial items. (vi) Designating an Advocate for Competition for each procuring activity within the Department. (13) In coordination with the Chief Financial Officer, implement the debarment authorities in section 14211 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2209j), in connection with procurement activities. (14) 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. (b) [Reserved] Sec. 2.94 [Removed and Reserved] 0 27. Remove and reserve Sec. 2.94. 0 28. Amend Sec. 2.95 by revising paragraph (b)(1)(vi) and removing and reserving paragraphs (b)(1)(ix) and (xiv) and (b)(2) and (6). The revision reads as follows: Sec. 2.95 Director, Office of Homeland Security. * * * * * (b) * * * (iv) Administer the Classified Network, Controlled Unclassified Information, and Insider Threat programs of the Department (E.O. 13587; E.O. 13556 and 32 CFR part 2002). * * * * * 0 29. Amend Sec. 2.97 by adding paragraph (a)(3) to read as follows: Sec. 2.97 Director, Office of the Executive Secretariat. (a) * * * (3) Administer the Departmental records, forms, reports and directives management programs. * * * * * 0 30. Add Subpart V, consisting of Sec. Sec. 2.700 and 2.701, to read as follows: Subpart V--Delegations of Authority by the Director, Office of Partnerships and Public Engagement Sec. 2.700 Director, Office of Advocacy and Outreach. 2.701 Director, Office of Tribal Relations. [[Page 61318]] Sec. 2.700 Director, Office of Advocacy and Outreach. (a) Delegations. Pursuant to Sec. 2.38(a)(1), and with due deference for delegations to other Departmental Administration officials, the following delegations of authority are made by the Director, Office of Partnerships and Public Engagement to the Director, Office of Advocacy and Outreach: (1) Ensure that small farms and ranches, beginning farmers or ranchers, and socially disadvantaged farmers or ranchers have access to, and equitable participation in, programs and services of the Department pursuant to section 226B(c) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934(c)). (2) Oversee the Advisory Committee for Beginning Farmers and Ranchers. (3) Oversee the operations of the Office of Small Farms Coordination. (4) Administer section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279), except for authorities related to the Census of Agriculture and economic studies in subsection (h) of that section. (5) Oversee the Minority Farmer Advisory Committee pursuant to section 14008 of FCEA (7 U.S.C. 2279 note). (6) Administer the low-income migrant and seasonal farmworker grants program under section 2281 of the Food, Agriculture, Conservation, and Trade Act of 1990 (42 U.S.C. 5177a). (7) Consult with appropriate entities regarding integration of farmworker interests into Department programs, including assisting farmworkers in becoming agricultural producers or landowners, and research, program improvements, and agricultural education opportunities for low-income and migrant seasonal farmworkers. (8) Administer the grants program under section 14204 of FCEA (7 U.S.C. 2008q-1) to improve the supply, stability, safety, and training of the agricultural labor force. (9) Administer and coordinate a USDA outreach program in collaboration with USDA agencies. (10) Administer section 2501A of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279-1), including the authority to coordinate Department policy for the issuance of receipts under subsection (e) of that section. (11) Provide strategic planning and performance measurement, coordinate outreach activities, monitor goals and objectives, and evaluate programs, of Department programs and activities involving small farms or ranches and beginning or socially disadvantaged farmers or ranchers. (12) Administer the USDA/1994 Land Grant Institutions (Tribal Colleges) Programs. (13) Administer the USDA/1890 Liaison Officer Program. (14) Administer the Hispanic Serving Institutions National Program, including through the use of cooperative agreements under 7 U.S.C. 3318(b). (15) Serve as a lead agency in carrying out student internship programs (7 U.S.C. 2279c). (16) Coordinate outreach to Asian-Americans and Pacific Islanders. (b) [Reserved] Sec. 2.701 Director, Office of Tribal Relations. (a) Delegations. Pursuant to Sec. 2.38(a)(2), the following delegations of authority are made by the Director, Office of Partnerships and Public Engagement to the Director, Office of Tribal Relations. (1) Serve as the Department's primary point of contact for tribal issues. (2) Advise the Secretary on policies related to Indian tribes. (3) Serve as the official with principal responsibility for the implementation of Executive Order 13175, ``Consultation and Coordination with Indian Tribal Governments,'' including the provision of Department-wide guidance and oversight regarding tribal consultation, coordination, and collaboration. (4) Coordinate the Department's programs involving assistance to American Indians and Alaska Natives. (5) Enter into cooperative agreements to improve the coordination and effectiveness of Federal programs, services, and actions affecting rural areas (7 U.S.C. 2204b(b)(4)); and to provide outreach and technical assistance to socially disadvantaged farmers and ranchers and veteran farmers and ranchers (7 U.S.C. 2279(a)(3)). (b) [Reserved] Dated: November 16, 2018. Sonny Perdue, Secretary of Agriculture. [FR Doc. 2018-25443 Filed 11-28-18; 8:45 am] BILLING CODE 3410-90-P
![Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Rules and Regulations 61311
■ 2. In part 2, revise all references to (xvii) Collect, summarize, and publish Secretary for Trade and Foreign
‘‘Departmental Management’’ to read data on the production, distribution, Agricultural Affairs in §§ 2.26(a)(1)(xiv)
‘‘Departmental Administration,’’ and and stocks of sugar. and (a)(3)(x);
revise all references to ‘‘Office of * * * * * * * * * *
Homeland Security and Emergency (3) * * * (xiv) Administer the U.S. Warehouse
Coordination’’ to read ‘‘Office of (iv) * * * Act, as amended (7 U.S.C. 241–273),
Homeland Security’’. (G) The Emergency Conservation and perform compliance examinations
Program and the Emergency Watershed for Agricultural Marketing Services
Subpart A—General Protection Program under sections 401– programs.
405 of the Agricultural Credit Act of (xv) Administer commodity
■ 3. Section 2.4 is revised to read as
1978, 16 U.S.C. 2201–2205. procurement and supply, transportation
follows:
* * * * * (other than from point of export, except
§ 2.4 General officers. (6) * * * for movement to trust territories or
The work of the Department is under (i) Administer responsibilities and possessions), handling, payment, and
the supervision and control of the functions assigned under the Defense related services in connection with
Secretary who is assisted by the Production Act of 1950 (50 U.S.C. App. programs under titles II and III of Public
following general officers: The Deputy 2061 et seq.), and title VI of the Robert Law 480 (7 U.S.C. 1691, 1701, et seq.)
Secretary, the Under Secretary for Farm T. Stafford Disaster Relief and and section 3107 of the Farm Security
Production and Conservation; the Under Emergency Assistance Act (42 U.S.C. and Rural Investment Act of 2002 (7
Secretary for Food, Nutrition, and 5195 et seq.), concerning agricultural U.S.C. 1736o–1), and payment and
Consumer Services, the Under Secretary production; food processing, storage, related services with respect to export
for Food Safety; the Under Secretary for and distribution; distribution of farm programs and barter operations.
Marketing and Regulatory Programs; the equipment and fertilizer; rehabilitation * * * * *
Under Secretary for Natural Resources and use of food, agricultural, and related ■ 8. Amend § 2.24 by removing and
and Environment; the Under Secretary agribusiness facilities; CCC resources; reserving paragraphs (a)(7), (a)(8)(ii)(F)
for Research, Education, and and farm credit and financial assistance. and (I), revising paragraph (a)(8)(iii),
Economics; the Under Secretary for * * * * * and removing and reserving paragraph
Trade and Foreign Agricultural Affairs; (a)(8)(vii).
the Assistant Secretary for § 2.17 [Amended] The revision reads as follows:
Administration; the Assistant Secretary ■ 5. Amend § 2.17 by revising the
for Civil Rights; the Assistant Secretary § 2.24 Assistant Secretary for
references to ‘‘Assistant Secretary for Administration.
for Congressional Relations; the Administration’’ to read ‘‘Director,
Assistant to the Secretary for Rural Office of Partnerships and Public (a) * * *
Development; the Chief Economist; the (8) * * *
Engagement’’ in paragraphs (a)(20)(xi),
Chief Financial Officer; the Chief (iii) Administer the Classified
(a)(21)(xxv), and (a)(22)(viii).
Information Officer; the General Network, Controlled Unclassified
Counsel; the Inspector General; the § 2.21 [Amended] Information, and Insider Threat
Judicial Officer; the Director, National programs of the Department (E.O.
■ 6. Amend § 2.21 by removing and
Appeals Division; the Director, Office of 13587; E.O. 13556 and 32 CFR part
reserving paragraph (a)(1)(iii).
Budget and Program Analysis; the 2002).
■ 7. Amend § 2.22 by:
Director, Office of Communications; the * * * * *
■ a. Revising paragraphs (a)(1)(i) and
Director, Office of Partnerships and (a)(1)(viii)(X);
Public Engagement; the Director, Office Subpart D—Delegations of Authority to
■ b. Removing and reserving paragraphs
of Tribal Relations; and the Director, Other General Officers and Agency
(a)(1)(viii)(CC) and (a)(1)(x); and Heads
Office of Small and Disadvantaged ■ c. Adding paragraphs (a)(1)(xiv),(xv),
Business Utilization. and (xvi). ■ 9. Amend § 2.28 by:
The revisions and additions read as ■ a. In paragraph (a)(27), removing the
Subpart C—Delegations of Authority to follows: term ‘‘Office of Procurement and
the Deputy Secretary, Under
Property Management’’ and adding in
Secretaries, and Assistant Secretaries § 2.22 Under Secretary for Marketing and
Regulatory Programs. its place the term ‘‘Office of Contracting
■ 4. Amend § 2.16 by: and Procurement’’; and
(a) * * * ■ b. Adding paragraph (a)(30).
■ a. Removing and reserving paragraphs (1) * * *
(a)(1),(iv), and (xvi); The addition reads as follows:
(i) Exercise the functions of the
■ b. Adding paragraph (a)(1)(xvii); Secretary of Agriculture contained in § 2.28 Chief Financial Officer.
■ c. Revising the reference to ‘‘Assistant
the Agricultural Marketing Act of 1946, (a) * * *
Secretary for Administration’’ to read as amended (7 U.S.C. 1621 et seq.), (30) Settle claims not otherwise
‘‘Director, Office of Partnerships and including payments to State provided for under 31 U.S.C. 3702(a) or
Public Engagement’’ in paragraphs Departments of Agriculture in another provision of law.
(a)(1)(xxviii) and (xxxiii); and connection with cooperative marketing
■ d. Revising paragraphs (a)(3)(iv)(G) * * * * *
service projects under section 204(b) (7
and (a)(6)(i). ■ 10. Amend § 2.29 by adding paragraph
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U.S.C. 1623(b)), but excepting matters
The addition and revisions read as (a)(16) to read as follows:
otherwise assigned.
follows:
* * * * * § 2.29 Chief Economist.
§ 2.16 Under Secretary for Farm (viii) * * * (a) * * *
Production and Conservation. (X) Beef Research and Information (16) Related to Pest Management and
(a) * * * Act, as amended (7 U.S.C. 2901–2918), Policy. Coordinate USDA policy relative
(1) * * * except as delegated to the Under to the Federal Insecticide, Fungicide,
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and Rodenticide Act, as amended (7 (xi) Provide strategic planning and activities; summer high school
U.S.C. 136 et seq.) and coordinate the performance measurement, coordinate internships; and youth gardening
Department’s Integrated Pest outreach activities, monitor goals and programs); development of program
Management Programs and the Pesticide objectives, and evaluate programs, of evaluation metrics and consistent
Assessment Program (7 U.S.C.136–136y) Department programs and activities messaging for youth outreach activities;
(7 U.S.C. 7653). involving small farms or ranches and and monitoring goals and objectives.
* * * * * beginning or socially disadvantaged (b) [Reserved]
■ 11. Revise § 2.38 to read as follows: farmers or ranchers.
(xii) Administer the USDA/1994 Land Subpart F—Delegations of Authority
§ 2.38 Director, Office of Partnerships and Grant Institutions (Tribal Colleges) by the Under Secretary for Farm
Public Engagement. Programs. Production and Conservation
(a) Delegations. The following (xiii) Administer the USDA/1890
■ 12. Add § 2.41 to read as follows:
delegations of authority are made by the Liaison Officer Program.
Secretary of Agriculture to the Director, (xiv) Administer the Hispanic Serving § 2.41 Chief Operating Officer, Farm
Office of Partnerships and Public Institutions National Program, including Production and Conservation Business
Engagement: through the use of cooperative Center.
(1) Related to Advocacy and agreements under 7 U.S.C. 3318(b). (a) Delegations. Pursuant to § 2.16(a),
Outreach: (xv) Serve as a lead agency in carrying subject to the reservations in
(i) Ensure that small farms and out student internship programs (7 § 2.16(b)(1), the following delegations of
ranches, beginning farmers or ranchers, U.S.C. 2279c). authority are made by the Under
and socially disadvantaged farmers or (xvi) Coordinate outreach to Asian Secretary for Farm Production and
ranchers have access to, and equitable Americans and Pacific Islanders. Conservation to the Chief Operating
participation in, programs and services (2) Related to Indian tribes: Officer, Farm Production and
of the Department pursuant to section (i) Serve as the Department’s primary Conservation Programs Business Center:
226B(c) of the Department of point of contact for tribal issues. (1) Provide to the Farm Service
Agriculture Reorganization Act of 1994 (ii) Advise the Secretary on policies Agency, Natural Resources Conservation
(7 U.S.C. 6934(c)). related to Indian tribes. Service, and Risk Management Agency
(ii) Oversee the Advisory Committee (iii) Serve as the official with management support services including
for Beginning Farmers and Ranchers. principal responsibility for the information technology, financial
(iii) Oversee the operations of the implementation of Executive Order management, human resources,
Office of Small Farms Coordination. 13175, ‘‘Consultation and Coordination procurement, property management,
(iv) Administer section 2501 of the with Indian Tribal Governments,’’ and related business and administrative
Food, Agriculture, Conservation, and including the provision of Department- processes.
Trade Act of 1990 (7 U.S.C. 2279), wide guidance and oversight regarding (2) Administer responsibilities and
except for authorities related to the tribal consultation, coordination, and functions assigned under the Defense
Census of Agriculture and economic collaboration. Production Act of 1950 (50 U.S.C. App.
studies in subsection (h) of that section. (iv) Coordinate the Department’s 2061 et seq.), and title VI of the Robert
(v) Oversee the Minority Farmer programs involving assistance to T. Stafford Disaster Relief and
Advisory Committee pursuant to section American Indians and Alaska Natives. Emergency Assistance Act (42 U.S.C.
14008 of FCEA (7 U.S.C. 2279 note). (v) Enter into cooperative agreements 5195 et seq.), concerning agricultural
(vi) Administer the low-income to improve the coordination and production; food processing, storage,
migrant and seasonal farmworker grants effectiveness of Federal programs, and distribution; distribution of farm
program under section 2281 of the Food, services, and actions affecting rural equipment and fertilizer; rehabilitation
Agriculture, Conservation, and Trade areas (7 U.S.C. 2204b(b)(4)); and to and use of food, agricultural, and related
Act of 1990 (42 U.S.C. 5177a). provide outreach and technical agribusiness facilities; CCC resources;
(vii) Consult with appropriate entities assistance to socially disadvantaged and farm credit and financial assistance.
regarding integration of farmworker farmers and ranchers and veteran (3) Conduct fiscal, accounting and
interests into Department programs, farmers and ranchers (7 U.S.C. claims functions relating to CCC
including assisting farmworkers in 2279(a)(3)). programs for which the Foreign
becoming agricultural producers or (3) Oversee the Military Veterans Agricultural Service has been delegated
landowners, and research, program Agricultural Liaison (7 U.S.C. 6919). authority under § 2.601 and, in
improvements, and agricultural (4) Oversee the Center for Faith-Based conjunction with other agencies of the
education opportunities for low-income and Neighborhood Partnerships. U.S. Government, develop and
and migrant seasonal farmworkers. (5) Oversee the Women in Agriculture formulate agreements to reschedule
(viii) Administer the grants program Initiative. amounts due from foreign countries.
under section 14204 of FCEA (7 U.S.C. (6) With the exception of competitive (4) Administer Section 15353(a) of the
2008q–1) to improve the supply, grant programs administered by the Food, Conservation, and Energy Act of
stability, safety, and training of the National Institute of Food and 2008, Public Law 110–246 relating to
agricultural labor force. Agriculture, or any youth employment information reporting for Commodity
(ix) Administer and coordinate a opportunity programs such as Pathways Credit Corporation transactions.
USDA outreach program in or Job Corp, serve as the Department (5) Coordinate and prevent
collaboration with USDA agencies. lead for strategic planning and duplication of aerial photographic work
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(x) Administer section 2501A of the coordinating youth outreach activities of of the Department, including:
Food, Agriculture, Conservation, and USDA agencies’ programs (including, (i) Clearing photography projects;
Trade Act of 1990 (7 U.S.C. 2279–1), but not limited to, 4–H; Science, (ii) Assigning symbols for new aerial
including the authority to coordinate Technology, Engineering and Math photography, maintaining symbol
Department policy for the issuance of (STEM) programs; information and records, and furnishing symbol books;
receipts under subsection (e) of that cyber technology student programs, (iii) Recording departmental aerial
section. Future Farmers of America (FFA) photography flow and coordinating the
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issuance of aerial photography status exercise the functions delegated to the from the final remedial action plan for
maps of latest coverage; Secretary by Executive Order 12580, 3 any remedial action or enforcement
(iv) Promoting interchange of CFR, 1987 Comp., p. 193, under the action, including any settlement or
technical information and techniques to following provisions of the consent decree entered into;
develop lower costs and better quality; Comprehensive Environmental (xii) Section 119 of the Act (42 U.S.C.
(v) Representing the Department on Response, Compensation, and Liability 9119), with respect to indemnifying
committees, task forces, work groups, Act of 1980 (‘‘the Act’’), as amended: response action contractors;
and other similar groups concerned (i) Sections 104(a), (b), and (c)(4) of (xiii) Section 121 of the Act (42 U.S.C.
with aerial photography acquisition and the Act (42 U.S.C. 9604(a), (b), and 9621), with respect to cleanup
reproduction; (c)(4)), with respect to removal and standards; and
(vi) Providing a Chairperson for the remedial actions in the event of release
or threatened release of a hazardous (xiv) Section 122 of the Act (42 U.S.C.
Photography Sales Committee of the
substance, pollutant, or contaminant 9622), with respect to settlements, but
Department;
into the environment; excluding section 122(b)(1) of the Act
(vii) Coordinating development,
(ii) Sections 104(e)–(h) of the Act (42 (42 U.S.C. 9622(b)(1)), related to mixed
preparation, and issuance of
U.S.C. 9604(e)–(h)), with respect to funding agreements.
specifications for aerial photography for
the Department; information gathering and access (3) With respect to facilities and
(viii) Coordinating and performing requests and orders; compliance with activities under the authority of the
procurement, inspection, and Federal health and safety standards and Assistant to the Secretary for Rural
application of specifications for USDA wage and labor standards applicable to Development, exercise the authority of
aerial photography; covered work; and emergency the Secretary of Agriculture pursuant to
(ix) Maintaining library and files of procurement powers; section 1–102 related to compliance
USDA aerial film and retrieving and (iii) Section 104(i)(11) of the Act (42 with applicable pollution control
supplying reproductions on request. U.S.C. 9604(i)(11)), with respect to the standards and section 1–601 of
(b) [Reserved] reduction of exposure to significant risk Executive Order 12088, 3 CFR, 1978
to human health; Comp., p. 243, to enter into an inter-
■ 13. Amend § 2.42 by:
(iv) Section 104(j) of the Act (42 agency agreement with the United
■ a. Removing and reserving paragraphs
U.S.C. 9604(j)), with respect to the States Environmental Protection
(a)(3) and (4), (a)(5)(i), and (a)(7), (12),
acquisition of real property and interests Agency, or an administrative consent
and (18);
■ b. Adding paragraph (a)(19); and
in real property required to conduct a order or a consent judgment in an
■ c. Removing and reserving paragraph
remedial action; appropriate State, interstate, or local
(a)(56)(ix). (v) The first two sentences of section agency, containing a plan and schedule
The addition reads as follows: 105(d) of the Act (42 U.S.C. 9605(d)), to achieve and maintain compliance
with respect to petitions for preliminary with applicable pollution control
§ 2.42 Administrator, Farm Service assessment of a release or threatened standards established pursuant to the
Agency. release; following:
(a) * * * (vi) Section 105(f) of the Act (42 (i) Solid Waste Disposal Act, as
(19) Collect, summarize, and publish U.S.C. 9605(f)), with respect to amended by the Resource Conservation
data on the production, distribution, consideration of the availability of and Recovery Act, as further amended
and stocks of sugar. qualified minority firms in awarding by the Hazardous and Solid Waste
* * * * * contracts, but excluding that portion of Amendments, and the Federal Facility
section 105(f) pertaining to the annual Compliance Act (42 U.S.C. 6901 et seq.);
Subpart G—Delegations of Authority report to Congress; (ii) Federal Water Pollution
by the Assistant to the Secretary for (vii) Section 109 of the Act (42 U.S.C.
Prevention and Control Act, as amended
Rural Development 9609), with respect to the assessment of
(33 U.S.C. 1251 et seq.);
civil penalties for violations of section
■ 14. Add § 2.46, to read as follows: 122 of the Act (42 U.S.C. 9622), and the (iii) Safe Drinking Water Act, as
granting of awards to individuals amended (42 U.S.C. 300f et seq.);
§ 2.46 Chief Operating Officer, Rural providing information; (iv) Clean Air Act, as amended (42
Development Business Center. (viii) Section 111(f) of the Act (42 U.S.C. 7401 et seq.);
(a) Delegations. Pursuant to § 2.17(a), U.S.C. 9611(f)), with respect to the (v) Noise Control Act of 1972, as
subject to the reservations in § 2.17(b), designation of officials who may amended (42 U.S.C. 4901 et seq.);
the following delegations of authority obligate money in the Hazardous (vi) Toxic Substances Control Act, as
are made by the Assistant to the Substances Superfund; amended (15 U.S.C. 2601 et seq.);
Secretary for Rural Development to the (ix) Section 113(k) of the Act (42 (vii) Federal Insecticide, Fungicide,
Chief Operating Officer, Rural U.S.C. 9613(k)), with respect to and Rodenticide Act, as amended (7
Development Business Center: (1) establishing an administrative record U.S.C. 136 et seq.); and
Provide to the Rural Utilities Service, upon which to base the selection of a
Rural Housing Service, and Rural response action and identifying and (viii) Comprehensive Environmental
Business-Cooperative Service notifying potentially responsible parties; Response, Compensation, and Liability
management support services including (x) Section 116(a) of the Act (42 Act of 1980, as amended by the
information technology, financial U.S.C. 9616(a)), with respect to Superfund Amendments and
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management, human resources, preliminary assessment and site Reauthorization Act of 1986 (42 U.S.C.
procurement, property management, inspection of facilities; 9601 et seq.).
and related business and administrative (xi) Sections 117(a) and (c) of the Act (4) Collect, service, and liquidate
processes. (42 U.S.C. 9617(a) and (c)), with respect single family housing loans made,
(2) With respect to land and facilities to public participation in the insured, or guaranteed by the Rural
under the authority of the Assistant to preparation of any plan for remedial Housing Service.
the Secretary for Rural Development, action and explanation of variances (b) [Reserved.]
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§ 2.47 [Amended] (iv) Recommend to the Chief The revision and additions read as
■ 15. Amend § 2.47 by removing and Economist alternative courses of action follows:
reserving paragraphs (a)(11) and (12). with which to respond to such scientific
developments and policy issues. § 2.79 Administrator, Agricultural
§ 2.48 [Amended] Marketing Service.
(v) Ensure that recognition of the
potential for climate change is fully (a) * * *
■ 16. Amend § 2.48 by removing and (1) Exercise the functions of the
reserving paragraphs (a)(17) and (18). integrated into the research, planning,
and decisionmaking processes of the Secretary of Agriculture contained in
§ 2.49 [Amended] Department. the Agricultural Marketing Act of 1946,
(vi) Coordinate global climate change as amended (7 U.S.C. 1621 et seq.),
■ 17. Amend § 2.49 by removing and
studies. including payments to State
reserving paragraphs (a)(5), (9), and (10).
(vii) Coordinate the participation of Departments of Agriculture in
Subpart K—Delegations of Authority the Department in interagency climate- connection with cooperative marketing
by the Under Secretary for Research, related activities. service projects under section 204(b) (7
Education, and Economics (viii) Consult with the National U.S.C. 1623(b)), but excepting matters
Academy of Sciences and private, otherwise assigned.
■ 18. Amend § 2.65 by removing and academic, State, and local groups with * * * * *
reserving paragraph (a)(1) and revising respect to climate research and related (16) Administer the United States
the second sentence in paragraph activities. Grain Standards Act, as amended (7
(a)(59). (ix) Represent the Department to the U.S.C. 71–87h).
The revision reads as follows: Office of Science and Technology Policy (17) Administer the Packers and
on issues related to climate change. Stockyards Act, 1921, as amended and
§ 2.65 Administrator, Agricultural
Research Service.
(x) Represent the Department on the supplemented.
Intergovernmental Panel on Climate (18) Enforce provisions of the
(a) * * * Change. Consumer Credit Protection Act (15
(59) * * * As used herein, the term (xi) Review all Department budget U.S.C. 1601–1665, 1681–1681t), with
management support services includes items relating to climate change issues, respect to any activities subject to the
budget, finance, personnel, information including specifically the research Packers and Stockyards Act, 1921, as
technology, procurement, property budget to be submitted by the Secretary amended and supplemented.
management, communications, to the Office of Management and (19) Exercise the functions of the
paperwork management, and related Budget. Secretary of Agriculture contained in
administrative services. (11) Related to environmental section 1324 of the Food Security Act of
* * * * * markets. Coordinate implementation of 1985 (7 U.S.C. 1631).
§ 2.66 [Amended]
section 1245 of the Food Security Act of (20) Administer responsibilities and
1985 regarding environmental services functions assigned to the Secretary in
■ 19. Amend § 2.66 by removing and markets (16 U.S.C. 3845). section 11006 of the Food,
reserving paragraph (a)(115). * * * * * Conservation, and Energy Act of 2008 (7
U.S.C. 228 note), with respect to the
Subpart L—Delegations of Authority § 2.74 [Removed and Reserved] Packers and Stockyards Act, 1921.
by the Chief Economist (21) Administer the U. S. Warehouse
■ 21. Remove and reserve § 2.74.
■ 20. Amend § 2.73 by revising the ■ 22. Revise § 2.75 to read as follows: Act, as amended (7 U.S.C. 241–273),
section heading and paragraph (a) and perform compliance examinations
§ 2.75 Director, Office of Pest Management for Agricultural Marketing Services
introductory text and adding paragraphs Policy.
(a)(10) and (11) to read as follows: programs.
(a) Delegations. Pursuant to (22) Administer commodity
§ 2.73 Director, Office of Energy and § 2.29(a)(16), the following delegations procurement and supply, transportation
Environmental Policy. of authority are made by the Chief (other than from point of export, except
(a) Delegations. Pursuant to Economist to the Director, Office of Pest for movement to trust territories or
§ 2.29(a)(11) through (13) the following Management Policy: possessions), handling, payment, and
delegations of authority are made by the (1) Coordinate USDA policy relative related services in connection with
Chief Economist to the Director, Office to the Federal Insecticide, Fungicide, programs under titles II and III of Public
of Energy and Environmental Policy. and Rodenticide Act, as amended (7 Law 480 (7 U.S.C. 1691, 1701, et seq.)
* * * * * U.S.C. 136, et seq.) and coordinate the and section 3107 of the Farm Security
(10) Related to global climate change. Department’s Integrated Pest and Rural Investment Act of 2002 (7
(i) Coordinate policy analysis, long- Management Programs and the Pesticide U.S.C. 1736o–1), and payment and
range planning, research, and response Assessment Program (7 U.S.C. 136– related services with respect to export
strategies relating to climate change 136y) (7 U.S.C. 7653). programs and barter operations.
issues. (2) [Reserved]
* * * * *
(ii) Provide liaison with other Federal (b) [Reserved]
■ 21. Amend § 2.80 by revising
agencies, through the Office of Science Subpart N—Delegations of Authority paragraph (a)(24) to read as follows:
and Technology Policy, regarding by the Under Secretary for Marketing
climate change issues. and Regulatory Programs
§ 2.80 Administrator, Animal and Plant
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(iii) Inform the Department of Health Inspection Service.
scientific developments and policy ■ 20. Amend § 2.79 by: (a) * * *
issues relating to the effects of climate ■ a. Revising paragraph (a)(1); (24) Provide management support
change on agriculture and forestry, ■ b. Removing and reserving paragraphs services for the Agricultural Marketing
including broader issues that affect the (a)(8)(xxxvii) and (10); and Service, as agreed upon by the agencies,
impact of climate change on the farms ■ c. Adding paragraphs (a)(16) through with authority to take actions required
and forests of the United States. (22). by law or regulation. As used herein, the
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![Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Rules and Regulations 61315
term management support services petroleum use and increasing technical and scientific education and
includes information technology, alternative fuel use, increasing recycling research activities under section 11(i) of
budget, finance, personnel, and waste diversion, preventing the Stevenson–Wydler Technology
procurement, property management, pollution, reducing use of toxic Innovation Act of 1980 (15 U.S.C.
communications, paperwork chemicals, procuring sustainable 3710(i)) (7 CFR part 2812).
management, and related administrative products and services, achieving (4) Promulgate policy and obtain and
services. sustainable principles for new and furnish Federal excess personal
* * * * * existing buildings, promoting electronic property in accordance with section 923
stewardship, and continuing of Public Law 104–127 (7 U.S.C. 2206a),
§ 2.81 [Removed and Reserved] environmental management system use. to support research, educational,
■ 22. Remove and reserve § 2.81. Maintain liaison with the Office of the technical and scientific activities or for
Federal Environmental Executive, the related programs, to:
Subpart P—Delegations of Authority Council on Environmental Quality, the (i) Any 1994 Institutions (as defined
by the Assistant Secretary for Office of Management and Budget in section 532 of the Equity in
Administration (OMB), the Department of Energy, and Educational Land–Grant Status Act of
other Government agencies in these 1994 (Pub. L. 103–382; 7 U.S.C. 301
§ 2.89 [Amended] note)).
matters.
■ 23. Amend § 2.89 by: (vi) Implementation of a program for (ii) Any Institutions eligible to receive
■ a. Removing and reserving paragraph the Federal procurement of biobased funds under the Act of August 30, 1890
(a)(11)(xi); products and of a voluntary ‘‘USDA (7 U.S.C. 321, et seq.) including
■ b. Removing the term ‘‘agency’’ and Certified Biobased product’’ labeling Tuskegee University.
adding in its place the term ‘‘mission program (7 U.S.C. 8102). (iii) Any Hispanic-serving Institutions
area’’ in paragraphs (a)(12)(ii) and (iii); (vii) Entering into cooperative (as defined in section 316(b) of the
■ c. Removing the term ‘‘Agency Heads’’ agreements to further research programs Higher Education Act of 1965 (20 U.S.C.
and adding in its place the term in the food and agricultural sciences, 1059c(b)).
‘‘mission area heads’’ in paragraph related to establishing and (5) Make available to organizations
(a)(12)(iv); and implementing Federal biobased excess or surplus computers or other
■ d. Removing the term ‘‘agencies’’ and procurement and voluntary biobased technical equipment of the Department
adding in its place the term ‘‘mission labeling programs (7 U.S.C. 3318). for the purpose of distribution to cities,
areas’’ in paragraph (a)(12)(vi). (2) Exercise the following special towns, or local government entities in
■ 24. Add § 2.90 to read as follows: authorities: rural areas (7 U.S.C. 2206b).
(i) Maintain custody and permit (6) Issue regulations and directives to
§ 2.90 Director, Office of Property and appropriate use of the official seal of the implement or supplement the Federal
Fleet Management. Department. Property Management Regulations (41
(a) Delegations. Pursuant to (ii) Establish policy for the use of the CFR chapter 101) and the Federal
§ 2.24(a)(6) of this chapter, and with due official flags of the Secretary and the Management Regulation (41 CFR
deference for delegations to other Department. chapter 102).
Departmental Administration officials, (iii) Coordinate collection and (7) Related to compliance with
the following delegations of authority disposition of personal property of environmental laws and sustainable
are made by the Assistant Secretary for historical significance. operating requirements.
Administration to the Director, Office of (iv) Make information returns to the (i) Serve as Departmental
Property and Fleet Management: Internal Revenue Service as prescribed Administration Member and Executive
(1) Promulgate policies, standards, by 26 U.S.C. 6050M and by 26 CFR Secretary of the USDA Sustainable
techniques, and procedures, and 1.6050M–1 and such other Treasury Operations Council.
represent the Department, in the regulations, guidelines or procedures as (ii) Represent USDA in consulting or
following: may be issued by the Internal Revenue working with the EPA, the Council on
(i) Utilization, value analysis, Service in accordance with 26 U.S.C. Environmental Quality, the Domestic
construction, maintenance, and 6050M. This includes making such Policy Council, and others to develop
disposition of real and personal verifications or certifications as may be policies relating to hazardous materials
property, including control of space required by 26 CFR 1.6050M–1 and management and Federal facilities
assignments. making the election allowed by 26 CFR compliance with applicable pollution
(ii) Motor vehicle and aircraft fleet 1.6050M–1(d)(5)(1). control laws.
and other vehicular transportation. (v) Represent the Department in (iii) Monitor, review, evaluate, and
(iii) Transportation of things (traffic working with the Government oversee hazardous materials
management). Accountability Office (GAO), the management program activities and
(iv) Prevention, control, and General Services Administration, OMB, compliance Department-wide.
abatement of pollution with respect to and other organizations or agencies on (iv) Monitor, review, evaluate, and
Federal facilities and activities under matters related to assigned oversee USDA agency expenditures for
the control of the Department (Executive responsibilities. hazardous materials management
Order 12088, ‘‘Federal Compliance With (vi) Redelegate, as appropriate, the program accomplishments.
Pollution Control Standards,’’ 3 CFR, authority in paragraphs (a)(4) and (a)(6) (v) Represent USDA on the National
1978 Comp., p. 243). of this section to agency Property Response Team and exercise
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(v) Development and implementation Officials or other qualified agency responsibility for USDA response efforts
of sustainable operations actions officials with no power of further for hazardous substance releases and oil
including establishing and achieving redelegation. spills pursuant to the Comprehensive
greenhouse gas emission reduction (3) Transfer excess research Environmental Response,
goals, reducing energy intensity, equipment to eligible educational Compensation, and Liability Act of
increasing renewable energy use, institutions or certain non-profit 1980, as amended (42 U.S.C. 9601, et
increasing water efficiency, reducing organizations for the conduct of seq.); the Clean Water Act, as amended
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![61316 Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Rules and Regulations
(33 U.S.C. 1251, et seq.); Oil Pollution (8) Exercise responsibility for USDA § 2.93 Director, Office of Contracting and
Act, as amended (33 U.S.C. 2701, et response efforts when a spill of national Procurement.
seq.); Executive Order 12580, significance is declared under the Oil (a) Delegations. Pursuant to
‘‘Superfund Implementation,’’ 3 CFR, Pollution Act of 1990, as determined by § 2.24(a)(6) of this chapter, and with due
1987 Comp., p. 193; Executive Order the Assistant Secretary for deference for delegations to other
12777, ‘‘Implementation of section 311 Administration. Departmental Administration officials,
of the Federal Water Pollution Control (b) [Reserved] the following delegations of authority
Act of October 18, 1972, as amended, are made by the Assistant Secretary for
and the Oil Pollution Act of 1990,’’ 3 ■ 25. Amend § 2.91 by revising Administration to the Director, Office of
CFR, 1991 Comp., p. 351, and the paragraph (a)(21) and adding paragraph Contracting and Procurement:
National Oil and Hazardous Substances (a)(22) to read as follows: (1) Exercise full Departmentwide
Contingency Plan, 40 CFR part 300. § 2.91 Director, Office of Human
contracting and procurement authority.
When a spill of national significance is Resources Management. (2) Promulgate policies, standards,
declared under the Oil Pollution Act of techniques, and procedures, and
1990, responsibility for USDA response (a) * * * represent the Department, in the
efforts will transfer to the Office of (21) Related to occupational safety following:
Homeland Security and Emergency and health: (i) Acquisition, including, but not
Coordination, as determined by the (i) Establish Departmentwide safety limited to, the procurement of supplies,
Assistant Secretary for Administration. and health policy and provide services, equipment, and construction.
(vi) Approve disbursements from the leadership in the development, (ii) Socioeconomic programs relating
New World Mine Response and coordination, and implementation of to contracting.
Restoration Account, approve the New (iii) Selection, standardization, and
related standards, techniques, and
World Mine Response and Restoration simplification of program delivery
procedures, and represent the
Plan, and make quarterly reports to processes utilizing contracts.
Department in complying with laws,
Congress under Sections 502(d) and (f) (iv) Acquisition and leasing of real
Executive Orders and other policy and
of Title V of the Department of the and personal property.
procedural issuances and related to (v) Implementation of the Uniform
Interior and Related Agencies occupational safety and health and
Appropriations Act of 1998, Public Law Relocation Assistance and Real Property
workers’ compensation programs within Acquisition Policies Act of 1970 (42
105–83.
the Department. U.S.C. 4601, et seq.).
(vii) Ensure that the Hazardous
Materials Management Program (ii) Represent the Department in all (vi) Implementation of the policies
Department-wide is accomplished with rulemaking, advisory, or legislative and procedures set forth in OMB
regard to, and in compliance with, capacities on any groups, committees, or Circular No. A–76, Performance of
Executive Order 12898, ‘‘Federal Governmentwide activities that affect Commercial Activities.
Actions to Address Environmental the USDA Occupational Safety and (3) Exercise the following special
Justice in Minority Populations and Health Management Program. authorities:
Low–Income Populations,’’ 3 CFR, 1994 (iii) Determine and provide (i) The Director, Office of Contracting
Comp., p. 859. Departmentwide technical services and and Procurement, is designated as the
(viii) Take such action as may be regional staff support for the safety and Departmental Debarring Officer and
necessary, with the affected agency head health programs. authorized to perform the functions of
and with the concurrence of the General (iv) Administer the computerized 48 CFR part 9, subpart 9.4 related to
Counsel, including issuance of procurement activities, except for
management information systems for
administrative orders and agreements commodity acquisitions on behalf of the
the collection, processing, and
with any person to perform any Commodity Credit Corporation (7 CFR
dissemination of data related to the
response action under sections 106(a) part 1407), with authority to redelegate
Department’s occupational safety and
and 122 (except subsection (b)(1)) of the suspension and debarment authority for
health programs.
Comprehensive Environmental contracts awarded under the School
Response, Compensation, and Liability (v) Administer the Department’s Lunch and Surplus Removal Programs
Act of 1980, as amended (42 U.S.C. Occupational Health and Preventive (42 U.S.C. 1755 and 7 U.S.C. 612c).
9606(a), 9622), pursuant to sections Medicine Program, as well as design (ii) Promulgate regulations for the
4(c)(3) and 4(d)(3) of Executive Order and operate employee assistance and management of contracting and
12580, ‘‘Superfund Implementation,’’ 3 workers’ compensation activities. procurement for information technology
CFR, 1987 Comp., p. 193, as amended (vi) Provide education and training on and telecommunication equipment,
by Executive Order 13016, a Departmentwide basis for safety and software, services, maintenance and
‘‘Amendment to Executive Order No. health-related issues and develop related supplies.
12580,’’ 3 CFR, 1996 Comp., p. 214. resource and operational manuals. (iii) Represent the Department in
(ix) Represent USDA on the EPA (22) Redelegate, as appropriate, any working with the Government
Brownfields Federal Partnership and authority delegated under paragraphs Accountability Office (GAO), the
coordinate USDA support for (a)(1) through (21) of this section to General Services Administration, OMB,
Brownfields redevelopment and general officers of the Department and and other organizations or agencies on
establish policy and guidance for the heads of Departmental agencies, matters related to assigned
implementation of the June 2003 provided that the Director, Office of responsibilities.
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amendment to Executive Order 12580, Human Resources Management retains (iv) Conduct liaison with the Office of
‘‘Superfund Implementation,’’ 3 CFR, the authority to make final decisions in Federal Register (1 CFR part 16)
1987 Comp., p. 193 (Executive Order any human resources matter so including the making of required
13308, ‘‘Further Amendment to redelegated. certifications pursuant to 1 CFR part 18.
Executive Order 12580, As Amended, (4) Exercise authority under the
Superfund Implementation,’’ 3 CFR, * * * * * Department’s Chief Acquisition Officer
2003 Comp., p. 239). ■ 26. Revise § 2.93 to read as follows: (the Assistant Secretary for
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![Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Rules and Regulations 61317
Administration) to integrate and unify (xii) Prescribing standards for agency (v) Promoting the acquisition of
the management process for the Senior Contracting Officials. commercial items.
Department’s major system acquisitions (xiii) Redelegating, suspending, or (vi) Designating an Advocate for
and to monitor implementation of the revoking, as appropriate, the authority Competition for each procuring activity
policies and practices set forth in OMB in paragraph (a)(5)(i) of this section to within the Department.
Circular No. A–109, Major Systems agency Senior Contracting Officials or (13) In coordination with the Chief
Acquisitions, with the exception that other qualified agency officials with no Financial Officer, implement the
major system acquisitions for power of further redelegation. debarment authorities in section 14211
information technology shall be under (xiv) Redelegating, suspending, or
of the Food, Conservation, and Energy
the cognizance of the Chief Information revoking, as appropriate, the authorities
Act of 2008 (7 U.S.C. 2209j), in
Officer. This delegation includes the in paragraphs (a)(5)(ii), (iii), (iv), (vi),
connection with procurement activities.
authority to: and (vii) of this section to agency Senior
(i) Ensure that OMB Circular No. A– Contracting Officials or other qualified (14) Provide services, including
109 is effectively implemented in the agency officials with the power of procurement of supplies, services, and
Department and that the management further redelegation. equipment, with authority to take
objectives of the Circular are realized. (6) Represent the Department in actions required by law or regulation to
(ii) Review the program management establishing standards for acquisition perform such services for:
of each major system acquisition, transactions within the electronic data (i) The Secretary of Agriculture.
excluding information technology. interchange environment. (ii) The general officers of the
(iii) Designate the program manager (7) Designate the Departmental Task Department, except the Inspector
for each major system acquisition, Order Ombudsman pursuant to 41 General.
excluding information technology. U.S.C. 253j. (iii) Any other offices or agencies of
(iv) Designate any Departmental (8) Serve as Departmental Remedy the Department as may be agreed,
acquisition, excluding information Coordination Official pursuant to 41 including as a Working Capital Fund
technology, as a major system U.S.C. 255 to determine whether activity.
acquisition under OMB Circular No. A– payment to any contractor should be
(b) [Reserved]
109. reduced or suspended based on
(5) Pursuant to Executive Order substantial evidence that the request of § 2.94 [Removed and Reserved]
12931, ‘‘Federal Procurement Reform,’’ the contractor for advance, partial, or
and 41 U.S.C. 1702(c), serve as the progress payment is based on fraud. ■ 27. Remove and reserve § 2.94.
Senior Procurement Executive for the (9) Review and approve exemptions ■ 28. Amend § 2.95 by revising
Department with responsibility for the for USDA contracts, subcontracts, paragraph (b)(1)(vi) and removing and
following: grants, agreements, and loans from the reserving paragraphs (b)(1)(ix) and (xiv)
(i) Prescribing and publishing requirements of the Clean Air Act, as and (b)(2) and (6).
Departmental acquisition policies, amended (42 U.S.C. 7401, et seq.), the The revision reads as follows:
advisories, regulations, and procedures. Federal Water Pollution Control Act, as
(ii) Taking any necessary actions amended (33 U.S.C. 1251, et seq.), and § 2.95 Director, Office of Homeland
consistent with policies, regulations, Executive Order 11738, ‘‘Providing for Security.
and procedures, with respect to Administration of the Clean Air Act and * * * * *
purchases, contracts, leases, agreements, the Federal Water Pollution Control Act (b) * * *
and other transactions. With Respect to Federal Contracts, (iv) Administer the Classified
(iii) Appointing contracting officers. Grants, or Loans,’’ 3 CFR, 1971–1975 Network, Controlled Unclassified
(iv) Establishing clear lines and Comp., p. 799, when he or she Information, and Insider Threat
limitations of contracting authority determines that the paramount interest programs of the Department (E.O.
through written delegations of authority. of the United States so requires as 13587; E.O. 13556 and 32 CFR part
(v) Approving any Departmental and provided in these acts and Executive 2002).
component agency procurement systems Order and the regulations of the EPA (2
and processes. CFR 1532.1140). * * * * *
(vi) Managing and enhancing career (10) Issue regulations and directives ■ 29. Amend § 2.97 by adding paragraph
development of the Department’s to implement or supplement the Federal (a)(3) to read as follows:
acquisition workforce. Acquisition Regulations (48 CFR
(vii) Participating in the development chapter 1 and 4). § 2.97 Director, Office of the Executive
of Governmentwide procurement Secretariat.
(12) Pursuant to the Office of Federal
policies, regulations and standards, and Procurement Policy Act (Act), as (a) * * *
determining specific areas where amended (41 U.S.C. 401, et seq.), (3) Administer the Departmental
Governmentwide performance designate the Department’s Advocate for records, forms, reports and directives
standards should be established and Competition with the responsibility for management programs.
applied. section 20 of the Act (41 U.S.C. 418), * * * * *
(viii) Developing unique including:
Departmental standards as required. (i) Reviewing the procurement ■ 30. Add Subpart V, consisting of
(ix) Overseeing the development of activities of the Department. §§ 2.700 and 2.701, to read as follows:
procurement goals, guidelines, and (ii) Developing new initiatives to
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innovation. increase full and open competition. Subpart V—Delegations of Authority
(x) Measuring and evaluating (iii) Developing goals and plans and by the Director, Office of Partnerships
procurement office performance against recommending actions to increase and Public Engagement
stated goals. competition. Sec.
(xi) Advising the Assistant Secretary (iv) Challenging conditions 2.700 Director, Office of Advocacy and
for Administration whether unnecessarily restricting competition in Outreach.
procurement goals are being achieved. the acquisition of supplies and services. 2.701 Director, Office of Tribal Relations.
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![61318 Federal Register / Vol. 83, No. 230 / Thursday, November 29, 2018 / Rules and Regulations
§ 2.700 Director, Office of Advocacy and (12) Administer the USDA/1994 Land DEPARTMENT OF HOMELAND
Outreach. Grant Institutions (Tribal Colleges) SECURITY
(a) Delegations. Pursuant to Programs.
§ 2.38(a)(1), and with due deference for U.S. Customs and Border Protection
(13) Administer the USDA/1890
delegations to other Departmental
Liaison Officer Program.
Administration officials, the following 19 CFR Part 4
delegations of authority are made by the (14) Administer the Hispanic Serving
[CBP Dec. 18–12]
Director, Office of Partnerships and Institutions National Program, including
Public Engagement to the Director, through the use of cooperative Technical Corrections to the Vessel
Office of Advocacy and Outreach: agreements under 7 U.S.C. 3318(b). Repair Unit Regulations
(1) Ensure that small farms and (15) Serve as a lead agency in carrying
ranches, beginning farmers or ranchers, AGENCY: U.S. Customs and Border
out student internship programs (7
and socially disadvantaged farmers or Protection, Department of Homeland
U.S.C. 2279c).
ranchers have access to, and equitable Security.
participation in, programs and services (16) Coordinate outreach to Asian- ACTION: Final rule; technical
of the Department pursuant to section Americans and Pacific Islanders. amendment.
226B(c) of the Department of (b) [Reserved]
Agriculture Reorganization Act of 1994 SUMMARY: This document amends the
(7 U.S.C. 6934(c)). § 2.701 Director, Office of Tribal Relations. U.S. Customs and Border Protection
(2) Oversee the Advisory Committee (CBP) regulations to update provisions
(a) Delegations. Pursuant to
for Beginning Farmers and Ranchers. relating to the declaration, entry and
§ 2.38(a)(2), the following delegations of
(3) Oversee the operations of the dutiable status of repair expenditures
authority are made by the Director,
Office of Small Farms Coordination. made abroad for certain vessels to
(4) Administer section 2501 of the Office of Partnerships and Public reflect the port of New Orleans,
Food, Agriculture, Conservation, and Engagement to the Director, Office of Louisiana as the only Vessel Repair Unit
Trade Act of 1990 (7 U.S.C. 2279), Tribal Relations. (VRU) location. The amendment will
except for authorities related to the (1) Serve as the Department’s primary improve the efficiency of vessel repair
Census of Agriculture and economic point of contact for tribal issues. entry processing, ensure the proper
studies in subsection (h) of that section. (2) Advise the Secretary on policies assessment and collection of duties, and
(5) Oversee the Minority Farmer make the regulations more transparent.
related to Indian tribes.
Advisory Committee pursuant to section DATES: The final rule is effective
14008 of FCEA (7 U.S.C. 2279 note). (3) Serve as the official with principal
November 29, 2018.
(6) Administer the low-income responsibility for the implementation of
FOR FURTHER INFORMATION CONTACT:
migrant and seasonal farmworker grants Executive Order 13175, ‘‘Consultation
program under section 2281 of the Food, and Coordination with Indian Tribal Donna Dedeaux, Branch Chief, Cargo
Agriculture, Conservation, and Trade and Conveyance Security, at
Governments,’’ including the provision
Act of 1990 (42 U.S.C. 5177a). Donna.M.Dedeaux@cbp.dhs.gov or (202)
of Department-wide guidance and
(7) Consult with appropriate entities 325–2497.
oversight regarding tribal consultation,
regarding integration of farmworker SUPPLEMENTARY INFORMATION:
coordination, and collaboration.
interests into Department programs, Background
including assisting farmworkers in (4) Coordinate the Department’s
becoming agricultural producers or programs involving assistance to Under section 466, Tariff Act of 1930,
landowners, and research, program American Indians and Alaska Natives. as amended (19 U.S.C. 1466), purchases
improvements, and agricultural (5) Enter into cooperative agreements for or repairs made to certain vessels
education opportunities for low-income to improve the coordination and while they are outside the United States
and migrant seasonal farmworkers. effectiveness of Federal programs, are subject to declaration, entry and
(8) Administer the grants program services, and actions affecting rural payment of ad valorem duty. These
under section 14204 of FCEA (7 U.S.C. areas (7 U.S.C. 2204b(b)(4)); and to requirements are effective upon the first
2008q–1) to improve the supply, provide outreach and technical arrival of the affected vessel in any port
stability, safety, and training of the of the United States. The vessels subject
assistance to socially disadvantaged
agricultural labor force. to these requirements include those
farmers and ranchers and veteran
(9) Administer and coordinate a documented under U.S. law for the
farmers and ranchers (7 U.S.C.
USDA outreach program in foreign or coastwise trades, as well as
2279(a)(3)). those which were previously
collaboration with USDA agencies.
(10) Administer section 2501A of the (b) [Reserved] documented under the laws of some
Food, Agriculture, Conservation, and Dated: November 16, 2018. foreign nation or are undocumented at
Trade Act of 1990 (7 U.S.C. 2279–1), Sonny Perdue,
the time that the foreign shipyard
including the authority to coordinate repairs are performed, but which exhibit
Secretary of Agriculture. an intent to engage in those trades.
Department policy for the issuance of
receipts under subsection (e) of that [FR Doc. 2018–25443 Filed 11–28–18; 8:45 am] The regulations implementing 19
section. BILLING CODE 3410–90–P U.S.C. 1466 are found in § 4.14 of the
(11) Provide strategic planning and CBP regulations (19 CFR 4.14). Section
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performance measurement, coordinate 4.14 provides that when a vessel subject
outreach activities, monitor goals and to the vessel repair statute first arrives
objectives, and evaluate programs, of into the United States or Puerto Rico
Department programs and activities following a foreign voyage, the owner,
involving small farms or ranches and master, or authorized agent, or vessel
beginning or socially disadvantaged operator must submit a vessel repair
farmers or ranchers. entry and declaration on CBP Form 226
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Document Created: 2018-11-28 23:44:19
Document Modified: 2018-11-28 23:44:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective November 29, 2018. | |
| Contact | Melissa McClellan, Office of the General Counsel, (202) 720-5565, [email protected] | |
| FR Citation | 83 FR 61309 | |
| RIN Number | 0503-AA63 |
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