[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Rules and Regulations]
[Pages 56705-56706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22959]



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 Rules and Regulations
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  Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / 
Rules and Regulations  

[[Page 56705]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2


Revision of Delegation of Authority

AGENCY: Office of the Secretary, Department of Agriculture (USDA).

ACTION: Final rule.

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SUMMARY: This document delegates to the Assistant Secretary for 
Administration the authority vested in the Secretary of Agriculture 
under the National Agriculture Research, Extension, and Teaching Policy 
Act of 1977 to enter into cooperative agreements and under the Farm 
Security and Rural Investment Act of 2002 to implement programs for the 
Federal procurement and voluntary labeling of biobased products. It 
also rescinds the delegation of authority to the Chief Economist to 
implement the biobased procurement and voluntary labeling programs.

DATES: These interim regulations are effective September 30, 2008. 
Comments are invited and should be received by October 30, 2008.

ADDRESSES: USDA, Departmental Administration, Room 209-A Whitten 
Building, 1400 Independence Avenue, SW., Washington, DC 20250-0103.

FOR FURTHER INFORMATION CONTACT: Mrs. Shana Love, Departmental 
Administration, Room 209-A Whitten Building, 1400 Independence Avenue, 
SW., Washington, DC 20250-0103; telephone: (202) 205-4008; fax: (202) 
720-2191; e-mail: [email protected]. Information regarding the 
BioPreferred Program is available on the Internet at http://www.biopreferred.gov.

SUPPLEMENTARY INFORMATION: Section 9002 of the Farm Security and Rural 
Investment Act of 2002 (FSRIA), Public Law 107-171 established a 
program for the procurement of biobased products by Federal agencies 
and a voluntary program for labeling of biobased products. The Food, 
Conservation, and Energy Act of 2008, Public Law 110-246 continues the 
biobased markets program and adds provisions related to the program. 
USDA refers to the program for the Federal procurement of biobased 
products and the voluntary program for labeling of biobased products, 
collectively, as the BioPreferred Program (Program).
    In an effort to make sure the Program continues to move forward and 
build demand for biobased products within the Federal government and 
commercially, management of the Program has been transferred from 
Office of the Chief Economist to Departmental Administration to enhance 
and strengthen the Program, as well as increase resources for research 
and analyses of emerging global energy issues and the necessary 
economic analysis of biobased products (that is, market identification, 
comparative costs with fossil energy derived product alternatives, and 
supply and demand estimations).
    Section 1472 of the National Agriculture Research, Extension and 
Teaching Policy Act of 1977, Public Law 99-113 (7 U.S.C. 3318), grants 
the Secretary of Agriculture the authority to enter into cooperative 
agreements with Federal and State agencies and private organizations, 
to further research, extension, or teaching programs in the food and 
agricultural sciences of USDA. Because this authority does not extend 
to the Assistant Secretary for Administration, a delegation of the 
Secretary's authority is necessary. This document sets forth that 
delegation, as well as delegations to the Assistant Secretary for 
Administration relating to the biobased procurement and labeling 
programs included in the Farm Security and Rural Investment Act of 
2002.
    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. 
Further, since this rule relates to internal agency management, it is 
exempt from the provisions of Executive Order 12988 and Executive Order 
12866, amended by Executive Order 13258. 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. Finally, 
this action is not a rule as defined in the Small Business Regulatory 
Fairness Enforcement Act, (5 U.S.C. 801 et seq.), and thus does not 
require review by Congress.

List of Subjects in 7 CFR Part 2

    Authority delegations (government agencies).

0
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

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.

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

0
2. Amend Sec.  2.24 to add new paragraphs (a)(7)(i)(J) and 
(a)(7)(i)(K), to read as follows:


Sec.  2.24  Assistant Secretary for Administration.

    (a) * * *
    (7) * * *
    (i) * * *
    (J) Implementation of a program for the Federal procurement of 
biobased products in consultation with the Administrators of the 
Environmental Protection Agency and General Services Administration and 
the Director, National Institute of Standards and Technology; and 
establishment, in consultation with the Administrator of the 
Environmental Protection Agency, of a voluntary ``USDA Certified 
Biobased Product'' labeling program (7 U.S.C. 8102).
    (K) 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).
* * * * *

[[Page 56706]]

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


Sec.  2.29  [Amended]

0
3. Amend Sec.  2.29 as follows:
0
a. Remove paragraph (a)(11)(vii),
0
b. Redesignate paragraphs (a)(11)(viii) through (a)(11)(ix) as 
paragraphs (a)(11)(vii) through (a)(11)(xiii).

    Dated: September 24, 2008.
Edward T. Schafer,
Secretary of Agriculture.
[FR Doc. E8-22959 Filed 9-29-08; 8:45 am]
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