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56392 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations

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56392 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56392 Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations DEPARTMENT OF AGRICULTURE result of comments that were made, omitted. This authority formerly was revisions were made in the following exercised by the Assistant Secretary for Office of the Secretary sections: Administration. Section 2.7. The term ``administrative Section 2.42(a)(28)(i). This paragraph 7 CFR Part 2 rules and regulations'' is changed to is revised to parallel the revision made ``administrative directives'' to clarify to section 2.16(a)(2)(i)(A). The proposal Revision of Delegations of Authority that the authority delegated is to be exercised in accordance with applicable excepts from the authority delegated to AGENCY: Department of Agriculture. the Administrator, Farm Service ACTION: Final rule. internal directives. The term ``in this part or elsewhere'' is changed to ``in this Agency, the authority to administer SUMMARY: This document revises the part'' to clarify that agency heads section 303(a) (2) and (3) of the Con Act, delegations of authority from the delegated authority in this regulation relating to real estate loans for Secretary of Agriculture and general report to a general officer. recreation and non-farm purposes. It has officers of the Department due to a Section 2.16(a)(2)(i)(A). The proposal been determined that the authority to reorganization. excepts from the authority delegated to administer section 303(a) (2) and (3) of EFFECTIVE DATE: November 8, 1995. the Under Secretary for Farm and the Con Act should have been included in the Administrator's delegation. FOR FURTHER INFORMATION CONTACT: Foreign Agricultural Services, the Accordingly, the provision is deleted Robert L. Siegler, Deputy Assistant authority to administer section 303(a) and the remaining paragraphs in section General Counsel, Research and (2) and (3) of the Consolidated Farm and Rural Development Act (``Con Act''), 2.42(a)(28) are renumbered. Operations Division, Office of the relating to real estate loans for General Counsel, Department of Section 2.43(a)(24). This paragraph is recreation and non-farm purposes. It has Agriculture, Room 2321±S, Washington, revised to parallel the revision made to been determined that the authority to D.C. 20250, telephone 202±720±6035. section 2.16(a)(3)(x). It adds to the list administer section 303(a) (2) and (3) of SUPPLEMENTARY INFORMATION: On June of acts administered by Administrator, the Con Act should have been included Foreign Agricultural Service, ``the Pork 16, 1995, USDA published in the in the Under Secretary's delegation. Promotion, Research, and Consumer Federal Register (60 FR 31766±31840) a Accordingly, the paragraph is deleted Information Act of 1985 (7 U.S.C. 4801± proposal to revise the delegations of and the remaining paragraphs in section 4819)''. authority appearing in 7 CFR Part 2 due 2.16(a)(2)(i) are renumbered. to a reorganization of the department. Section 2.16(a)(3)(x). Adds to the list Section 2.79(a)(8)(xxxix). This The revised delegations were intended of acts administered by the Under paragraph is revised to parallel the to effectuate the Federal Crop Insurance Secretary for Farm and Foreign revision made to section Reform and Department of Agriculture Agricultural Services, ``the Pork 2.22(a)(1)(viii)(EE). It adds the phrase Reorganization Act of 1994, Pub. L. Promotion, Research, and Consumer ``except as specified in § 2.43(a)24)'' to 103±354. The Act permits the Secretary Information Act of 1985 (7 U.S.C. 4801± the delegation to the Administrator, to reorganize the Department of 4819)''. Agricultural Marketing Service relating Agriculture. The Act authorized the Section 2.22(a)(1)(viii)(EE). To be to the Pork Promotion, Research, and establishment of subcabinet positions consistent with the above delegation to Consumer Information Act of 1985. and the restructuring of agencies and the Under Secretary for Farm and Section 2.80(a)(23). The citation to 28 offices of the Department of Agriculture. Foreign Agricultural Services, the Hour Law was corrected to read ``49 In addition, the proposal noted that phrase ``except as delegated to the U.S.C. 80502'' in the delegation to the pursuant to Public Law 101±576, the Under Secretary for Farm and Foreign Administrator, Animal and Plant Health Chief Financial Officers Act of 1990, Agricultural Services in § 2.16(a)(3)(x)'' Inspection Service. there is required to be in the Department is added to the delegation to the of Agriculture the position of Chief Assistant Secretary for Marketing and Section 2.87(a)(12). In this paragraph, Financial Officer (CFO). The document Regulatory Programs relating to the Pork the Assistant Secretary for proposed making delegations to the Promotion, Research, and Consumer Administration has proposed delegating CFO. Finally the document proposed Information Act of 1985. to the Director, Office of Civil Rights changing the name of the Consolidated Section 2.22(a)(2)(xxiii). The citation Enforcement, the authority to perform Farm Service Agency to the ``Farm to the 28 Hour Law is corrected to read investigations and make determinations Service Agency.'' ``49 U.S.C. 80502'' in the delegation to on both the merits and required The majority of comments that were the Assistant Secretary for Marketing corrective action as to complaints that received were from employees of USDA and Regulatory Programs. allege discrimination in USDA programs who recommended that the name of the Section 2.28(b)(16). The proposed and activities. The Assistant Secretary Consolidated Farm Service Agency be delegation to the Chief Financial Officer has determined that he should make the changed to the Farm Service Agency. is revised to add the authority to final determinations on both the merits Thirteen comments were received that provide budget, accounting, fiscal and and required corrective action as to could not be identified as being from related management services, with these complaints. Accordingly, that employees of USDA. Twelve were in authority to take action required by law portion of the paragraph that delegates favor of changing the name; one was or regulation to provide such services such responsibilities to the Director, against. All the favorable comments for Working Capital Funds and general Office of Civil Rights Enforcement, is noted that the word ``Consolidated'' appropriated and trust funds for the deleted. added little to describing the function of Secretary of Agriculture; General the agency. Upon considering all the Officers of the Department, except the List of Subjects in 7 CFR Part 2 comments received, it is determined Inspector General; for offices reporting Authority delegations (Government that the name of the agency should be to the Assistant Secretary for agencies). changed to the Farm Service Agency Administration; and for any other since that name better reflects the officer or agency as may be agreed upon. Accordingly, 7 CFR part 2 is revised mission of the agency. In addition, as a This authority was inadvertently as set forth below. Federal Register / Vol. 60, No. 216 / Wednesday, November 8, 1995 / Rules and Regulations 56393 PART 2ÐDELEGATIONS OF Subpart FÐDelegations of Authority by the Subpart NÐDelegations of Authority by the AUTHORITY BY THE SECRETARY OF Under Secretary for Farm and Foreign Assistant Secretary for Marketing and AGRICULTURE AND GENERAL Agricultural Services Regulatory Programs OFFICERS OF THE DEPARTMENT 2.40 Deputy Under Secretary for Farm and 2.77 Deputy Assistant Secretary for Foreign Agricultural Services. Marketing and Regulatory Programs. Subpart AÐGeneral 2.42 Administrator, Farm Service Agency. 2.79 Administrator, Agricultural Marketing Service. Sec. 2.43 Administrator, Foreign Agricultural Service. 2.80 Administrator, Animal and Plant 2.1 Establishment of the Department. Health Inspection Service. 2.2 Authority of the Secretary to prescribe Subpart GÐDelegations of Authority by the 2.81 Administrator, Grain Inspection, regulations. Under Secretary for Rural Economic and Packers and Stockyards Administration. 2.3 Authority of the Secretary to delegate Community Development authority. Subpart OÐDelegations of Authority by the 2.4 General officers. 2.45 Deputy Under Secretary for Rural Assistant Secretary for Congressional 2.5 Order in which officers of the Economic and Community Development. Relations Department shall act as Secretary. 2.47 Administrator, Rural Utilities Service. 2.83 Deputy Assistant Secretary for 2.48 Administrator, Rural Business and Congressional Relations. Subpart BÐGeneral Delegations of Cooperative Development Service. 2.85 Director, Office of Congressional and Authority by the Secretary of Agriculture 2.49 Administrator, Rural Housing and Intergovernmental Relations. Community Development Service. 2.7 Authority to supervise and direct. Subpart PÐDelegations of Authority by the 2.8 Delegations of authority to Agency Subpart HÐDelegations of Authority by the Assistant Secretary for Administration Heads to order that the United States flag Under Secretary for Food Safety be flown at half-staff. 2.87 Deputy Assistant Secretary for 2.9 Additional delegations. 2.51 Deputy Under Secretary for Food Administration. 2.89 Director, Office of Civil Rights 2.10 Limitations. Safety. Enforcement. 2.11 New principles and periodic reviews. 2.53 Administrator, Food Safety and Inspection Service. 2.90 Director, Office of Information 2.12 Secretary and general officers not Resources Management. precluded from exercising delegated Subpart IÐDelegations of Authority by the 2.91 Director, Office of Operations. powers. Under Secretary for Food, Nutrition, and 2.92 Director, Office of Personnel. 2.13 Status of prior delegations. Consumer Services Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C. Subpart CÐDelegations of Authority to the 2.55 Deputy Under Secretary for Food, 301; Reorganization Plan No. 2 of 1953, 3 Deputy Secretary, the Under Secretaries Nutrition, and Consumer Services. CFR, 1949±1953 Comp., p. 1024. and Assistant Secretaries 2.57 Administrator, Food and Consumer 2.15 Deputy Secretary. Service. Subpart AÐGeneral 2.16 Under Secretary for Farm and Foreign Subpart JÐDelegations of Authority by the § 2.1 Establishment of the Department.
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