[Federal Register Volume 65, Number 47 (Thursday, March 9, 2000)]
[Rules and Regulations]
[Pages 12427-12429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5770]



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 Rules and Regulations
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  Federal Register / Vol. 65, No. 47 / Thursday, March 9, 2000 / Rules 
and Regulations  

[[Page 12427]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2


Revisions of Delegations of Authority

AGENCY: Office of the Secretary, Department of Agriculture.

ACTION: Final rule.

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

SUMMARY: This document revises the delegations of authority from the 
Secretary of Agriculture and general officers of the Department of 
Agriculture (USDA) to reflect an internal reorganization of the 
pollution prevention, control, and abatement program within USDA.

EFFECTIVE DATE: Effective March 9, 2000.

FOR FURTHER INFORMATION CONTACT: Terry Harwood, Executive Director, 
USDA Hazardous Materials Policy Council, United States Department of 
Agriculture, Washington, D.C. 20250, telephone (202) 401-4747.

SUPPLEMENTARY INFORMATION: On January 15, 1999, the Secretary of 
Agriculture established the USDA Hazardous Materials Policy Council 
(Council) to direct and coordinate pollution prevention, control, and 
abatement within USDA. The Council is chaired by an appointee of the 
Secretary and consists of senior policy representatives of the affected 
USDA mission areas and agencies and USDA's Office of the General 
Counsel. By memorandum dated April 14, 1999, the Secretary assigned to 
the Council lead responsibility for USDA hazardous materials management 
and Federal facilities compliance activities, with the Council Chairman 
coordinating program direction with the assistance of an Executive 
Director. The director of the USDA Hazardous Materials Management Group 
(HMMG) serves as the Council's Executive Director. The HMMG, which 
serves as staff to the Council, was placed organizationally in 
Departmental Administration for administrative support. The Council's 
Executive Director/HMMG Director reports to the Council Chairman for 
both management and policy direction. The Assistant Secretary for 
Administration and the Council Chairman are responsible for presenting 
the USDA Hazardous Waste Management appropriation budget request to the 
Office of Management and Budget (OMB) and Congress. The Council 
Chairman is responsible for reporting on hazardous materials management 
and Federal facilities compliance program accomplishments to Congress, 
OMB, and the United States Environmental Protection Agency. Decisions 
on the allocation of funds to USDA agencies from the USDA central 
hazardous waste management account are the responsibility of the 
Council. Finally, the Secretary directed that Departmental Manual (DM) 
5600-1, Environmental Pollution Prevention, Control, and Abatement 
Manual, be revised to reflect these changes in organization and 
responsibilities. The revisions to DM 5600-1 were issued June 25, 1999. 
This final rule revises the delegations of authority from the Secretary 
of Agriculture and general officers of USDA to incorporate the 
provisions of the Secretary's memoranda and the June 25, 1999, 
amendments to DM-5600-1.
    This rule relates to internal agency management. Therefore, 
pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity 
for comment are not required. Further, since this rule relates to 
internal agency management, it is exempt from the provisions of 
Executive Order Nos. 12866 and 12988. In addition, this action is not a 
rule as defined by the Regulatory Flexibility Act, 5 U.S.C. 601, et 
seq., and, thus, is exempt from the provisions of that Act. 
Accordingly, as authorized by section 808 of the Small Business 
Regulatory Enforcement Fairness Act of 1996, Pub. L. No. 104-121, this 
rule may be made effective upon publication in the Federal Register.

List of Subjects in 7 CFR Part 2

    Authority delegations (Government agencies).

    Accordingly, 7 CFR Part 2 is amended as follows:

PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE 
AND GENERAL OFFICERS OF THE DEPARTMENT

    1. The authority citation for part 2 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.

Subpart C--Delegations of Authority to the Deputy Secretary, the 
Under Secretaries and Assistant Secretaries

    2. In Sec. 2.16, paragraph (a)(9) is added to read as follows:


Sec. 2.16  Under Secretary for Farm and Foreign Agricultural Services.

    (a) * * *
    (9) Related to hazardous materials management. (i) Serve on the 
USDA Hazardous Materials Policy Council.
    (ii) Recommend actions and policies that enable USDA agencies under 
his or her authority to comply with the intent, purposes, and standards 
of environmental laws for pollution prevention, control, and abatement.
    (iii) Consult with the United States Environmental Protection 
Agency and other appropriate Federal agencies in developing pollution 
prevention, control, and abatement policies and programs relating to 
agencies under his or her authority.
    (iv) Recommend actions and policies of the loan and grant programs 
under his or her authority concerning compliance with the Asset 
Conservation, Lender Liability, and Deposit Insurance Protection Act of 
1996, Subtitle E of Public Law No. 104-208.
* * * * *
    3. In Sec. 2.17, the section heading is revised and paragraph 
(a)(23) is added to read as follows:


Sec. 2.17  Under Secretary for Rural Development.

    (a) * * *
    (23) Related to hazardous materials management. (i) Serve on the 
USDA Hazardous Materials Policy Council.
    (ii) Recommend actions and policies that enable USDA agencies under 
his or her authority to comply with the intent, purposes, and standards 
of environmental laws for pollution prevention, control, and abatement.
    (iii) Consult with the United States Environmental Protection 
Agency and

[[Page 12428]]

other appropriate Federal agencies in developing pollution prevention, 
control, and abatement policies and programs relating to agencies under 
his or her authority.
    (iv) Recommend actions and policies of the loan and grant programs 
under his or her authority concerning compliance with the Asset 
Conservation, Lender Liability, and Deposit Insurance Protection Act of 
1996, Subtitle E of Public Law No. 104-208.
* * * * *

    4. In Sec. 2.18, paragraph (a)(7) is added to read as follows:


Sec. 2.18  Under Secretary for Food Safety.

    (a) * * *
    (7) Related to hazardous materials management. (i) Serve on the 
USDA Hazardous Materials Policy Council.
    (ii) Recommend actions and policies that enable the USDA agency 
under his or her authority to comply with the intent, purposes, and 
standards of environmental laws for pollution prevention, control, and 
abatement.
    (iii) Consult with the United States Environmental Protection 
Agency and other appropriate Federal agencies in developing pollution 
prevention, control, and abatement policies and programs relating to 
agencies under his or her authority.
    (iv) Exercise primary responsibility to regulate drug, pesticide, 
and environmental contaminants in food products as covered by the 
Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 
U.S.C. 136 et seq.), including the Food Quality Protection Act of 1996, 
Public Law 104-170, and the Toxic Substances Control Act, as amended 
(15 U.S.C. 2601 et seq.), as implemented by the Food Safety and 
Inspection Service through a Memorandum of Understanding with the 
United States Department of Health and Human Services, Food and Drug 
Administration, and the United States Environmental Protection Agency.
* * * * *

    5. In Sec. 2.20, paragraph (a)(1)(ii) is revised and paragraphs 
(a)(1)(ix), (x), and (xi) are added to read as follows:


Sec. 2.20  Under Secretary for Natural Resources and Environment.

    (a) * * *
    (1) * * *
    (ii) Represent USDA on Regional Response Teams on hazardous spills 
and oil spills pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended ( 42 U.S.C. 9601 et seq.), 
the Clean Water Act, as amended (33 U.S.C. 1251 et seq.), the Oil 
Pollution Act (OPA), as amended (33 U.S.C. 2701 et seq.), Executive 
Order 12580, 3 CFR, 1987 Comp., p. 193, Executive Order 12777, 3 CFR, 
1991 Comp., p. 351, and the National Contingency Plan, 40 CFR Part 300.
* * * * *
    (ix) Serve on the USDA Hazardous Materials Policy Council.
    (x) Recommend actions and policies that enable agencies under his 
or her authority to comply with the intent, purposes, and standards of 
environmental laws for pollution prevention, control, and abatement.
    (xi) Consult with the United States Environmental Protection Agency 
and other appropriate Federal agencies in developing pollution 
prevention, control, and abatement policies and programs relating to 
agencies under his or her authority.
* * * * *

    6. In Sec. 2.21, paragraph (a)(10) is added to read as follows:


Sec. 2.21  Under Secretary for Research, Education, and Economics.

    (a) * * *
    (10) Related to hazardous materials management. (i) Serve on the 
USDA Hazardous Materials Policy Council.
    (ii) Recommend actions and policies that enable USDA agencies under 
his or her authority to comply with the intent, purposes, and standards 
of environmental laws for pollution prevention, control, and abatement.
    (iii) Consult with the United States Environmental Protection 
Agency and other appropriate Federal agencies in developing pollution 
prevention, control, and abatement policies and programs relating to 
agencies under his or her authority.
    (iv) Serve as a USDA Environmental Executive responsible for 
coordinating waste prevention; recycling; and the procurement, 
acquisition, and use of recycled products and environmentally 
preferable products, including biobased products, and services pursuant 
to Executive Order 13101 (dual assignment with the Assistant Secretary 
for Administration).
* * * * *

    7. In Sec. 2.22, paragraph (a)(10) is added to read as follows:


Sec. 2.22  Under Secretary for Marketing and Regulatory Programs.

    (a) * * *
    (10) Related to hazardous materials management. (i) Serve on the 
USDA Hazardous Materials Policy Council.
    (ii) Recommend actions and policies that enable USDA agencies under 
his or her authority to comply with the intent, purposes, and standards 
of environmental laws for pollution prevention, control, and abatement.
    (iii) Consult with the United States Environmental Protection 
Agency and other appropriate Federal agencies in developing pollution 
prevention, control, and abatement policies and programs relating to 
agencies under his or her authority.
* * * * *

    8. In Sec. 2.24:
    a. Paragraph (a)(3)(i)(I) is removed and paragraphs (a)(3)(i)(J) 
and (a)(3)(i)(K) are re-designated paragraphs (a)(3)(i)(I) 
and(a)(3)(i)(J) respectively; and
    b. Paragraphs (a)(3)(xi), (a)(3)(xii), and (a)(14) are added to 
read as follows:


Sec. 2.24  Assistant Secretary for Administration.

    (a) * * *
    (3) * * *
    (xi) Serve as a USDA Environmental Executive responsible for 
coordinating waste prevention; recycling; and the procurement, 
acquisition, and use of recycled products and environmentally 
preferable products, including biobased products, and services pursuant 
to Executive Order 13101 (dual assignment with the Under Secretary for 
Research, Education, and Economics).
    (xii) Provide administrative support to the USDA Hazardous 
Materials Management Group.
* * * * *
    (14) Related to hazardous materials management. (i) Serve on the 
USDA Hazardous Materials Policy Council.
    (ii) Recommend actions and policies that enable USDA agencies under 
his or her authority to comply with the intent, purposes, and standards 
of environmental laws for pollution prevention, control, and abatement.
    (iii) Consult with the United States Environmental Protection 
Agency and other appropriate Federal agencies in developing pollution 
prevention, control, and abatement policies and programs relating to 
agencies under his or her authority.
    (iv) Present, in coordination with the Chairman of the USDA 
Hazardous Materials Policy Council, the USDA Hazardous Waste Management 
Appropriation budget request to the Office of Management and Budget and 
to Congress.
* * * * *

Subpart D--Delegations of Authority to the Other General Officers 
and Agency Heads

    9. In Sec. 2.31, paragraph (p) is added to read as follows:

[[Page 12429]]

Sec. 2.31  General Counsel.

* * * * *
    (p) Serve on the USDA Hazardous Materials Policy Council.
* * * * *

Subpart J--Delegations of Authority By the Under Secretary for 
Natural Resources and Environment

    10. In Sec. 2.60, paragraph (a)(35) is revised to read as follows:


Sec. 2.60  Chief, Forest Service.

    (a) * * *
    (35) Represent USDA on Regional Response Teams on hazardous spills 
and oil spills pursuant to the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended ( 42 U.S.C. 9601 et seq.), 
the Clean Water Act, as amended (33 U.S.C. 1251 et seq.), the Oil 
Pollution Act (OPA), as amended (33 U.S.C. 2701 et seq.), Executive 
Order 12580, 3 CFR, 1987 Comp., p. 193, Executive Order 12777, 3 CFR, 
1991 Comp., p. 351, and the National Contingency Plan, 40 CFR Part 300.
* * * * *

    Dated: March 1, 2000.
Dan Glickman,
Secretary of Agriculture.
[FR Doc. 00-5770 Filed 3-8-00; 8:45 am]
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