[Federal Register Volume 67, Number 208 (Monday, October 28, 2002)]
[Rules and Regulations]
[Pages 65689-65690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27184]



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 Rules and Regulations
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  Federal Register / Vol. 67, No. 208 / Monday, October 28, 2002 / 
Rules and Regulations  

[[Page 65689]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2

RIN 3209-AA15


Revision of Delegations of Authority

AGENCY: Department of Agriculture.

ACTION: Final rule.

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SUMMARY: This document revises certain delegations of authority related 
to ethics from the Secretary of Agriculture and changes the USDA 
Designated Agency Ethics Official from the Director, Office of Ethics, 
to the Deputy Assistant Secretary for Administration, and further 
designates the Director, Office of Ethics, as the USDA Alternate Agency 
Ethics Official.

EFFECTIVE DATE: Effective October 28, 2002.

FOR FURTHER INFORMATION CONTACT: Raymond J. Sheehan, Director, Office 
of Ethics, U.S. Department of Agriculture, Room 348-W--Stop 0122, 1400 
Independence Avenue, SW., Washington, DC 20250-0122, telephone (202) 
720-2251.

SUPPLEMENTARY INFORMATION:

I. Background

    This amendment revises the current language of sections 2.24, 2.87, 
and 2.95 of part 2 of title 7 of the Code of Federal Regulations, to 
change the delegation of authority to serve as Designated Agency Ethics 
Official (DAEO) for the Department of Agriculture (USDA), from the 
position of Director, Office of Ethics, to the position of Deputy 
Assistant Secretary for Administration, and to designate the Director, 
Office of Ethics, as Alternate Agency Ethics Official.
    Paragraph (a)(13) of section 2.24 addresses delegations from the 
Secretary to the Assistant Secretary for Administration relating to 
ethics. The regulation currently limits the authority of the Assistant 
Secretary for Administration over the ethics program to that of general 
supervision with no authority over the functions exercised by the 
Director, Office of Ethics, pursuant to that officer's delegation of 
DAEO authority. As amended, all references to the ``Director, Office of 
Ethics'' would be deleted and replaced by the ``Deputy Assistant 
Secretary for Administration.''
    Section 2.87 relates to delegations of authority from the Assistant 
Secretary for Administration to the Deputy Assistant Secretary for 
Administration. There currently exists no reference in this section to 
any ethics responsibilities. Section 2.95 concerns delegations by the 
Assistant Secretary for Administration to the Director, Office of 
Ethics. That section reflects the current designation of the Director, 
Office of Ethics as DAEO. This amendment would delegate the DAEO 
function to the Deputy Assistant Secretary for Administration by adding 
that delegation to section 2.87 and removing the current DAEO 
delegation from section 2.95. This amendment also would designate the 
Director, Office of Ethics, as the Alternate Ethics Official.

II. Matters of Regulatory Procedure

Administrative Procedure Act

    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, and this rule may be made 
effective less than 30 days after publication in the Federal Register.

Congressional Review

    The Department has determined this rulemaking is not a rule as 
defined in 5 U.S.C. 804, and, thus, does not require review by 
Congress. This rulemaking applies only to delegations of authority and 
responsibility to the employees and officers of the Department of 
Agriculture.

Executive Orders Nos. 12866 and 12988

    Since this rule relates to Department personnel, it is exempt from 
the provisions of Executive Orders Nos. 12866 and 12988.

Regulatory Flexibility Act

    In addition, this action is not a rule as defined by Public Law No. 
96-354, the Regulatory Flexibility Act, and, thus, is exempt from the 
provisions of that Act.

Paperwork Reduction Act

    The Department has determined that the Paperwork Reduction Act (44 
U.S.C. chapter 35) does not apply because this regulation does not 
contain any information collection requirements that require the 
approval of the Office of Management and Budget.

Environmental Impact

    This decision will not have a significant impact upon the quality 
of the human environment or the conversation of energy resources.

List of Subjects in 7 CFR Part 2

    Authority delegations (Government agencies).

    Dated: October 17, 2002.
Ann M. Veneman,
Secretary of Agriculture.

    Accordingly, amend part 2, title 7, Code of Federal Regulations 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. Paragraph (a)(13) of section 2.24 is revised to read as follows:


Sec.  2.24  Assistant Secretary for Administration.

    a. * * *
* * * * *
    (13) Related to ethics. The Ethics function in the U.S. Department 
of Agriculture is under the authority of the Assistant Secretary for 
Administration for purposes of general supervision only. The Assistant 
Secretary does not have any authority over the functions exercised by 
the Deputy Assistant Secretary for Administration, pursuant to the 
Deputy Assistant Secretary's responsibilities as Designated Agency 
Ethics Official under the Office of

[[Page 65690]]

Government Ethics regulations at 5 CFR part 2638.
* * * * *

Subpart P--Delegations of Authority by the Assistant Secretary for 
Administration

    3. Section 2.87 is revised to read as follows:


Sec.  2.87  Deputy Assistant Secretary for Administration.

    (a) Delegations. Pursuant to the Office of Government Ethics 
regulations at 5 CFR part 2638. The Deputy Assistant Secretary for 
Administration shall be the USDA Designated Agency Ethics Official and 
shall exercise all authority pursuant to the Office of Government 
Ethics regulations at 5 CFR part 2638.
    (b) Pursuant to Sec.  2.24(a), subject, to reservations in Sec.  
2.24(b), the following delegation of authority is made by the Assistant 
Secretary for Administration to the Deputy Assistant Secretary for 
Administration, to be exercised only during the absence or 
unavailability of the Assistant Secretary: Perform all the duties and 
exercise all the powers which are now or which may hereafter be 
delegated to the Assistant Secretary for Administration.

    4. Section 2.95 is revised to read as follows:


Sec.  2.95  Director, Office of Ethics.

    The Director, Office of Ethics, shall be the USDA Alternate Agency 
Ethics Official, pursuant to 5 CFR 2638.202, and shall exercise the 
authority reserved to the Designate Agency Ethics Official under 5 CFR 
part 2638 only in the absence or unavailability of the Designated 
Agency Ethics Official.

[FR Doc. 02-27184 Filed 10-25-02; 8:45 am]
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