[Federal Register Volume 74, Number 81 (Wednesday, April 29, 2009)]
[Rules and Regulations]
[Pages 19373-19374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9726]



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 Rules and Regulations
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  Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / 
Rules and Regulations  

[[Page 19373]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2


Revision of Delegations of Authority

AGENCY: Department of Agriculture.

ACTION: Final rule.

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

SUMMARY: This final rule revises certain delegations of authority by 
the Secretary of Agriculture published at 7 CFR part 2. The Secretary 
delegates to the Assistant Secretary for Administration authority to 
serve as the USDA Chief Freedom of Information Act Officer; delegates 
to the Department of Agriculture Chief Information Officer the 
authority to appoint the USDA Privacy Act Officer; and, removes those 
delegations from the Department of Agriculture Director of the Office 
of Communications.

DATES: Effective Date: April 29, 2009.

FOR FURTHER INFORMATION CONTACT: Rita Morgan, USDA FOIA Service Center, 
202-720-8164.

SUPPLEMENTARY INFORMATION: On December 31, 2007, the Openness Promotes 
Effectiveness in our National Government Act of 2007 became effective. 
It directs the head of each agency to appoint a senior official to 
serve as the Chief Freedom of Information Act Officer.
    Therefore, this document amends 7 CFR part 2 section 2.24 of the 
delegations of authority by the Secretary of Agriculture to the 
Assistant Secretary of Agriculture for Administration to serve as 
Department of Agriculture Chief Freedom of Information Act Officer; 
amends 7 CFR part 2 section 2.37 of the delegations of authority by the 
Secretary of Agriculture to the Chief Information Officer to appoint a 
Department of Agriculture Privacy Act Officer; and further amends 7 CFR 
Part 2 section 2.36 to remove those delegations by the Secretary of 
Agriculture to the Director of the Office of Communications.
    The Chief Freedom of Information Act Officer is responsible to 
oversee efficient and appropriate compliance with the provisions of the 
Freedom of Information Act (5 U.S.C. 552); to monitor implementation of 
5 U.S.C. 552 throughout the agency and to keep the Secretary, the 
General Counsel, and the Attorney General informed regarding agency 
performance of that implementation; to recommend to the Secretary any 
necessary adjustments to agency practices, policies, personnel, and 
funding to improve the implementation of 5 U.S.C. 552; to review agency 
implementation and report to the Attorney General, through the 
Secretary, as the Attorney General may direct; and, to facilitate 
public understanding of the purposes of the statutory exemptions 
contained in 5 U.S.C. 552.
    The delegation of authority to the Chief Information Officer 
related to the Privacy Act reflects the practice that is already in 
place.
    This rule relates to internal agency management. Therefore, 
pursuant to 5 U.S.C. 553(a)(2), notice of proposed rulemaking 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, because this rule relates to internal agency management, it is 
exempt from the provisions of Executive Orders Nos. 12291 and 12866. 
Finally, this action is not a rule as defined by the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., and is, therefore, exempt from 
the provisions of the Act. Accordingly, as authorized by 5 U.S.C. 808, 
this rule may be made effective upon publication.

List of Subjects in 7 CFR Part 2

    Authority delegations (government agencies).


0
Accordingly, Title 7 of the Code of Federal Regulations is amended as 
set forth below.

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

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

0
2. Section 2.24 is amended by adding paragraph (a)(3) to read as 
follows:Sec.  2.24 Assistant Secretary for Administration.
    (a) * * *
    (3) Related to the Freedom of Information Act. (i) Serve as the 
Chief Freedom of Information Act Officer for the Department.
    (ii) Oversee general officers and agency heads in efficient and 
appropriate compliance with the provisions of the Freedom of 
Information Act (5 U.S.C. 552); monitor implementation of 5 U.S.C. 552 
throughout the agency and keep the Secretary, the General Counsel, and 
the Attorney General informed regarding agency performance in its 
implementation; recommend to the Secretary necessary adjustments to 
agency practices, policies, personnel, and funding to improve 
implementation of 5 U.S.C. 552; review and report to the Attorney 
General, through the Secretary, as the Attorney General may direct; 
and, facilitate public understanding of the purposes of the statutory 
exemptions contained in 5 U.S.C. 552.
* * * * *

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

0
3. Section 2.36 is amended by removing and reserving paragraph 
(a)(2)(viii) to read as follows:


Sec.  2.36  Director, Office of Communications.

    (a) * * *
    (2) * * *
    (viii) [Reserved]
* * * * *

0
4. Section 2.37 is amended by adding paragraph (b) to read as follows:


Sec.  2.37  Chief Information Officer.

* * * * *
    (b) Related to the Privacy Act. (i) Appoint a Department Privacy 
Act Officer.
    (ii) Oversee general officers and agency heads in the development 
and implementation of policies issued pursuant to the provisions of the

[[Page 19374]]

Privacy Act, 5 U.S.C. 552a, and provide consultation and guidance 
regarding those policies.

Thomas J. Vilsack,
Secretary of Agriculture.
[FR Doc. E9-9726 Filed 4-28-09; 8:45 am]
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