[Federal Register Volume 65, Number 251 (Friday, December 29, 2000)]
[Rules and Regulations]
[Pages 82891-82892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32405]



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  Federal Register / Vol. 65, No. 251 / Friday, December 29, 2000 / 
Rules and Regulations  

[[Page 82891]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2


Revision of Delegations of Authority

AGENCY: Department of Agriculture.

ACTION: Final rule.

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SUMMARY: This document amends the delegations of authority from the 
Secretary of Agriculture to other General Officers and agency heads to 
delegate to the Director, Hazardous Materials Management Group 
authority to carry out certain duties related to hazardous materials 
management.

EFFECTIVE DATE: December 29, 2000.

FOR FURTHER INFORMATION CONTACT: Thomas Fox, Attorney, Office of the 
General Counsel, United States Department of Agriculture, Room 3351 
South Building, Washington, DC 20250, (202) 720-6715.

SUPPLEMENTARY INFORMATION: On January 15, 1999, the Secretary of 
Agriculture established the USDA Hazardous Materials Policy Council 
(Council) to direct the USDA Hazardous Materials Management and Federal 
Facilities Compliance Program (Program). By Memorandum dated April 14, 
1999, the Secretary decided to strengthen the Program within the 
Department by assigning to the Counsel lead responsibility for 
hazardous materials management and Federal facilities compliance. Also, 
the Secretary directed that the executive director of the Council serve 
as the Director of the Hazardous Materials Management Group, the group 
that acts as technical and program staff to the Council. The decision 
was based upon the fact that the Department had a decentralized 
arrangement for the implementation of the program and needed to improve 
coordination among the agencies of the Department. This final rule 
delegates responsibilities to the director of the Hazardous Materials 
Management Group.
    This rule relates to internal agency management. Therefore, 
pursuant to 5 U.S.C. 553, notice of proposed rule making and 
opportunity for comment are not required.
    Further, because this rule relates to internal agency management, 
it is exempt from the provisions of Executive Order No. 12866 and No. 
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 provisions of that act. Finally, this action is not a rule as 
defined in 5 U.S.C. 804, and thus does not require review by Congress.

List of Subjects in 7 CFR Part 2

    Authority delegations (Government agencies).

    Accordingly, 7 CFR Part 2 is amended as follows:

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

    1. The authority citation for Part 2 is revised to read as follows:

    Authority: 5 U.S.C. 301; Reorganization Plan No. 2 of 1953; 3 
CFR 1949-1953 Comp., p. 1024.

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

    2. Section 2.25 is added in subpart D to read as follows:


Sec. 2.25  Director, Hazardous Materials Management Group.

    (a) The following delegations of authority are made by the 
Secretary of Agriculture to the Director, Hazardous Materials 
Management Group.
    (1) Serve as Executive Director of the USDA Hazardous Materials 
Policy Council.
    (2) Represent USDA is consulting or working with the Environmental 
Protection Agency (EPA), the Council on Environmental Quality, the 
Domestic Policy Council, and others to develop policies relating to 
hazardous materials management and Federal facilities compliance.
    (3) Monitor, review, evaluate, and oversee hazardous materials 
management program activities and compliance Department-wide.
    (4) Monitor, review, evaluate, and oversee USDA agency expenditures 
for hazardous materials management program accomplishments.
    (5) Coordinate for the USDA Hazardous Materials Policy Council the 
presentation of the USDA Hazardous Waste Management appropriation 
budget request to the Office of Management and Budget (OMB) and 
Congress.
    (6) Prepare for the USDA Hazardous Materials Policy Council the 
hazardous materials management program budget and accomplishment 
reports to Congress, OMB, and EPA and take a lead role in the 
preparation of replies to Congressional injuries.
    (7) Represent USDA on the National Response Team on hazardous 
spills 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 (33 U.S.C. 1251, 
et seq.); Oil Pollution Act, 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.
    (8) 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.
    (9) Provide program leadership and oversight for USDA compliance 
with applicable pollution control laws and executive orders, including 
Executive Order 13148, Greening of the Government Through Leadership in 
Environmental Management.
    (10) 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.
    (11) Take such action as may be necessary, with the affected agency 
head and with the concurrence of the General

[[Page 82892]]

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, as amended by Executive Order 13016.
    (12) Receive administrative support from the Assistant Secretary 
for Administration.
    (b) [Reserved]

    Dated: December 14, 2000.
Dan Glickman,
Secretary of Agriculture.
[FR Doc. 00-32405 Filed 12-28-00; 8:45 am]
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