Unknown. Final rule

7,130 words·~32 min read·/register/2013/07/09/2013-15849

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2013-07-09.xml --- 78 131 Tuesday, July 9, 2013 Contents Agency Agency for International Development NOTICES Meetings: President's Global Development Council; Cancellation, 41025 2013-16396 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service RULES Amendments to Delegations of Authority, 40935-40940 2013-15849 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41025-41026 2013-16359 Air Force Air Force Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 41042-41044 2013-16407 2013-16440 Animal Animal and Plant Health Inspection Service RULES Lacey Act Implementation Plan; Definitions for Exempt and Regulated Articles, 40940-40945 2013-16463 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare and Medicaid Programs: Home Health Prospective Payment System Rate Update for CY 2014, Home Health Quality Reporting Requirements, and Cost Allocation of Home Health Survey Expenses;

Correction, 41013-41014 2013-16392 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: OCSE-75 Tribal Child Support Enforcement Program Annual Data Report, 41064 2013-16357 Civil Rights Civil Rights Commission NOTICES Meetings: Massachusetts Advisory Committee, 41028-41029 2013-16336 Coast Guard Coast Guard RULES Drawbridge Operations: Lake Washington Ship Canal at Seattle, WA, 40960-40961 2013-16393 Regulated Navigation Areas:

Bars along the Coasts of Oregon and Washington, 40963-40966 2013-16248 Safety Zones: Annual Events in the Captain of the Port Detroit Zone, 40961-40962 2013-16390 PROPOSED RULES Safety Zones: National Governors Association, Milwaukee, WI, 41009-41012 2013-16391 Commerce Commerce Department See Economic Analysis Bureau See Industry and Security Bureau See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41029-41031 2013-16489 Corporation Corporation for National and Community Service NOTICES Meetings;

Sunshine Act, 41035 2013-16583 Defense Department Defense Department See Air Force Department See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41035-41036 2013-16303 Arms Sales, 41036-41042 2013-16313 2013-16314 2013-16315 Meetings: Defense Business Board; Federal Advisory Committee, 41042 2013-16343 Economic Analysis Bureau Economic Analysis Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Annual Survey of U.S. Direct Investment Abroad, 41031-41032 2013-16330 Employee Benefits Employee Benefits Security Administration NOTICES Exemption from Certain Prohibited Transaction Restrictions, 41090-41100 2013-16386 Proposed Exemptions from Certain Prohibited Transaction Restrictions, 41101-41114 2013-16385 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Efficiency Design Standards for New Federal Commercial and Multi-Family High-Rise Residential Buildings, 40945-40953 2013-16297 NOTICES Advisory Committee Renewals:

Advanced Scientific Computing, 41046 2013-16414 Request for Comments on Draft Solicitation, 41046-41047 2013-16422 Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Resources Research and Development Program 2013 Annual Plan, 41047 2013-16423 Environmental Protection Environmental Protection Agency RULES Air Quality Implementation Plans; Approvals and Promulgations: New Mexico; Interstate Transport of Fine Particulate Matter, 40966-40968 2013-16345 Prevention of Significant Deterioration Permits:

Avenal Power Center, LLC; Deadline Extension, 40968 2013-16334 PROPOSED RULES State Implementation Plans; Approvals and Promulgations: Navajo Nation; Regional Haze Requirements for Navajo Generating Station, 41012-41013 2013-16491 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Control of Evaporative Emissions from Portable Gasoline Containers, 41058-41059 2013-16421 NESHAP for Iron and Steel Foundries, 41061-41062 2013-16425 NSPS for Incinerators, 41060-41061 2013-16427 Registration of Fuels and Fuel Additives;

Health-Effects Research Requirements for Manufacturers, 41059-41060 2013-16426 Equal Equal Employment Opportunity Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41062 2013-16431 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Eurocopter Deutschland (Eurocopter) Helicopters, 40956-40958 2013-16388 Various Restricted Category Helicopters, 40954-40956 2013-15946 Amendments of Restricted Areas: R-2504A and R-2504B, Camp Roberts, CA, and R-2530, Sierra Army Depot, CA, 40958-40959 2013-16449 PROPOSED RULES Airworthiness Directives:

Vulcanair S.p.A. Airplanes, 41005-41009 2013-16394 NOTICES Meetings: RTCA Program Management Committee, 41183-41184 2013-16464 Noise Exposure Maps: Hilo International Airport, Hilo, HI, 41184 2013-16451 Passenger Facility Charge Applications: Impose and Use PFC Revenue, San Francisco International Airport, San Francisco, CA, 41184-41185 2013-16453 Surplus Property Releases: Brunswick Executive Airport in Brunswick, ME, 41185 2013-16462 Federal Communications Federal Communications Commission RULES Lifeline and Link Up Modernization and Reform, 40968-40970 2013-16490 PROPOSED RULES Online Political File and Petition for Reconsideration, 41014-41016 2013-16487 NOTICES Radio Broadcasting Services:

AM or FM Proposals to Change the Community of License, 41062-41063 2013-16360 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 41063 2013-16504 2013-16544 2013-16605 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41072-41073 2013-16467 Disaster Declarations: New York; Amendment No. 1, 41073 2013-16465 Emergency Declarations: New York; Amendment No. 3, 41073 2013-16466 Major Disaster Declarations:

New Jersey; Amendment No. 9, 41074 2013-16468 Oklahoma; Amendment No. 6, 41074 2013-16471 Oklahoma; Amendment No. 7, 41073-41074 2013-16474 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: UGI LNG, Inc., 41047-41048 2013-16318 Combined Filings, 2013-16323 41048-41056 2013-16324 2013-16325 2013-16341 2013-16342 2013-16409 2013-16446 2013-16447 Environmental Assessments; Availability, etc.: BOST5 Hydroelectric, LLC, BOST4 Hydroelectric, LLC, and BOST3 Hydroelectric, LLC, 41056-41057 2013-16322 Wisconsin Electric Power Co., 41057 2013-16321 Environmental Impact Statements;

Availability, etc.: Sabine River Authority of Texas and Sabine River Authority of Louisiana; Toledo Bend Hydroelectric Project, 41057 2013-16319 Proposed Restricted Service List for Programmatic Agreements: FFP Missouri 2, LLC; Enid Lake Hydroelectric Project, MS, 41058 2013-16320 Federal Motor Federal Motor Carrier Safety Administration NOTICES Denial of Exemption Applications: Epilepsy and Seizure Disorders, 41185-41187 2013-16460 Driver Qualifications, Skill Performance Evaluations:

Virginia Department of Motor Vehicles' Application for Exemption, 41187-41188 2013-16461 Qualification of Drivers; Exemption Applications: Vision, 41188-41190 2013-16459 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 41063 2013-16418 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 41063-41064 2013-16417 Federal Trade Federal Trade Commission PROPOSED RULES Telemarketing Sales Rule, 41200-41225 2013-12886 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants:

Designation of Critical Habitat for Six West Texas Aquatic Invertebrates, 40970-40996 2013-16230 Determination of Endangered Species Status for Six West Texas Aquatic Invertebrates, 41228-41258 2013-16222 PROPOSED RULES Endangered and Threatened Wildlife and Plants; Listing of the Lesser Prairie-Chicken; 6-Month Extension of Final Determination, 41022-41024 2013-16111 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Draft Guidance for Industry and Staff on Dear Health Care Provider Letters, etc., 41064-41065 2013-16445 Export of Medical Devices; Foreign Letters of Approval, 41068-41069 2013-16408 Medical Devices; Third-Party Review under the Food and Drug Administration Modernization Act, 41065-41066 2013-16402 Testing Communications on Medical Devices and Radiation-Emitting Products, 41066-41068 2013-16401 Draft Guidance for Industry and Staff; Availability: Medical Device Reporting for Manufacturers, 41069-41070 2013-16395 Foreign Assets Foreign Assets Control Office NOTICES Publication of General License Related to the Zimbabwe Sanctions Program, 41192 2013-16450 Forest Forest Service NOTICES Requests for Proposals: 2013 Statewide Wood Energy Teams, 41026-41028 2013-16361 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Discretionary Grant Program, 41070 2013-16424 Single-Case Deviation from Competition Requirements:

Transfer of Grantee Request for the Detroit Healthy Start Program, Detroit, MI, 41070-41071 2013-16492 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Innovation in Affordable Housing Design Student Competition, 41074-41075 2013-16452 Federal Housing Administration: Single Family Quality Assurance;

Quality Lending Practices, 41075-41077 2013-16483 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Foreign Availability Procedures, 41032-41033 2013-16301 Special Comprehensive License, 41032 2013-16302 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 41192-41193 2013-16368 Meetings: Taxpayer Advocacy Panel and Correspondence Project Committee, 41194-41195 2013-16371 Taxpayer Advocacy Panel Joint Committee, 41194 2013-16374 2013-16375 Taxpayer Advocacy Panel Tax Forms and Publications Project Committee, 41193 2013-16370 Taxpayer Advocacy Panel Taxpayer Assistance Center Improvements Project Committee, 41194 2013-16369 Taxpayer Advocacy Panel Taxpayer Communications Project Committee, 41193 2013-16372 Taxpayer Advocacy Panel Toll-Free Phone Line Project Committee, 41193 2013-16373 International Trade Com International Trade Commission NOTICES Determinations:

Steel Concrete Reinforcing Bar from Belarus, China, Indonesia, Latvia, Moldova, Poland, and Ukraine, 41079 2013-16398 Investigations: Semiconductor Chips with Dram Circuitry, and Modules and Products Containing Same, 41079-41082 2013-16363 Justice Department Justice Department See Justice Programs Office See National Institute of Corrections RULES Removing Unnecessary Office on Violence Against Women Regulations, 40959-40960 2013-16400 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Approval as a Nonprofit Budget and Credit Counseling Agency, 41082 2013-16412 Application for Approval as a Provider of a Personal Financial Management Instructional Course, 41082-41083 2013-16411 Proposed Consent Decrees under the Clean Water Act, 41083 2013-16356 Justice Programs Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bureau of Justice Assistance Application Form;

Bulletproof Vest Partnership, 41084 2013-16410 Labor Department Labor Department See Employee Benefits Security Administration Land Land Management Bureau NOTICES Environmental Assessments; Availability, etc.: Federal Coal Lease Application, UTU-88953, Utah, 41077-41078 2013-16486 Maritime Maritime Administration NOTICES Deepwater Port License Applications: Liberty Natural Gas LLC, Port Ambrose Deepwater Port; Correction, 41190 2013-16358 NASA National Aeronautics and Space Administration NOTICES Meetings:

Aeronautics Committee, 41114-41115 2013-16415 NASA Advisory Council; Technology and Innovation Committee, 41115 2013-16340 Science Committee, 41115-41116 2013-16416 National Credit National Credit Union Administration RULES Loan Participations; Purchase, Sale and Pledge of Eligible Obligations; Purchase of Assets and Assumption of Liabilities: Extension of Effective Date, 40953-40954 2013-16399 National Highway National Highway Traffic Safety Administration PROPOSED RULES Federal Motor Vehicle Theft Prevention Standard:

Preliminary Theft Data, 41016-41022 2013-16428 National Institute Corrections National Institute of Corrections NOTICES Solicitation for Cooperative Agreements: Children of Incarcerated Parents; Arrest through Pre-Adjudication, 41086-41088 2013-16484 Support Services for Community Services Division Networks, 41088-41090 2013-16475 Video Production; Direct Supervision Jails, 41084-41086 2013-16482 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 41071 2013-16337 National Cancer Institute, 41072 2013-16338 National Oceanic National Oceanic and Atmospheric Administration RULES Enhanced Document Requirements to Support Use of the Dolphin Safe Label on Tuna Products, 40997-41004 2013-16508 NOTICES Fisheries of the Northeast Region, Southeast Region, North Pacific Region, Pacific Region;

Western Pacific Region: Determination of Overfishing or an Overfished Condition, 41033 2013-16510 Permits: Endangered Species; File No. 18102, 41034-41035 2013-16355 National Park National Park Service NOTICES Acceptance of Concurrent Jurisdiction, 41078 2013-16458 National Register of Historic Places; Pending Nominations and Related Actions, 41078-41079 2013-16353 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2013-16404 41044-41046 2013-16405 2013-16406 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 41116 2013-16306 Exemption and Combined License Amendments: Virgil C. Summer Nuclear Station, Units 2 and 3; South Carolina Electric and Gas, 41117-41118 2013-16432 Facility Operating and Combined Licenses: Applications and Amendments Involving No Significant Hazards Considerations, 41118-41125 2013-16293 Interim Enforcement Policy: Permanent Implant Brachytherapy Medical Event Reporting, 41125-41128 2013-16435 Meetings; Sunshine Act, 41128 2013-16575 Postal Regulatory Postal Regulatory Commission NOTICES Market Test of International Merchandise Return Service, 41128-41129 2013-16473 Postal Service Postal Service NOTICES Market Tests of Experimental Products:

International Merchandise Return Service; Non-Published Rates, 41129 2013-16362 Research Innovative Research and Innovative Technology Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Census of Ferry Operators, 41190-41191 2013-16429 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41129-41132 2013-16364 2013-16365 2013-16366 2013-16367 Meetings;

Sunshine Act, 41132 2013-16538 Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange LLC, 41174-41176 2013-16381 Chicago Board Options Exchange, Inc., 41158-41161 2013-16380 EDGX Exchange, Inc., 41132-41138 2013-16378 Financial Industry Regulatory Authority, Inc., 41149-41154 2013-16379 NASDAQ OMX PHLX, LLC, 2013-16383 41163-41166, 41176-41178 2013-16476 NASDAQ Stock Market LLC, 41178-41183 2013-16376 New York Stock Exchange, LLC, 41166-41168 2013-16480 NYSE Arca, Inc., 41138-41149, 41154-41158 2013-16377 2013-16382 2013-16479 NYSE MKT LLC, 41168-41173 2013-16384 Options Clearing Corp., 41161-41163 2013-16477 State Department State Department NOTICES Meetings:

International Security Advisory Board, 41183 2013-16469 Surface Transportation Surface Transportation Board NOTICES Senior Executive Service Performance Review Board, 41191 2013-16455 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Maritime Administration See National Highway Traffic Safety Administration See Research and Innovative Technology Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service See United States Mint U.S.

Mint United States Mint NOTICES Re-Pricing of Several Silver Coin Products, 41195 2013-16430 Veteran Affairs Veterans Affairs Department NOTICES Funding Availability: Grants for Transportation of Veterans in Highly Rural Areas, 41195-41197 2013-16389 Meetings: Clinical Science Research and Development Service Cooperative Studies Scientific Evaluation Committee, 41198 2013-16307 Separate Parts In This Issue Part II Federal Trade Commission, 41200-41225 2013-12886 Part III Interior Department, Fish and Wildlife Service, 41228-41258 2013-16222 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 78 131 Tuesday, July 9, 2013 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 2 [0503-AA53 ] Amendments to Delegations of Authority AGENCY: Office of the Secretary, USDA. ACTION: Final rule. SUMMARY:

The Secretary of Agriculture is authorized to delegate functions, powers, and duties as the Secretary deems appropriate. This document amends the existing delegations of authority by removing, adding, and modifying certain delegations, as explained in the Supplementary Information section below. This document also amends our regulations to reflect the current order of succession for the Secretary of Agriculture. DATES: Effective on July 9, 2013. FOR FURTHER INFORMATION CONTACT:

Adam J. Hermann, General Law and Research Division, Office of the General Counsel, 3311-S, USDA, 1400 Independence Ave. SW., Washington, DC 20250; Voice:

(202)720-9425; Email: *adam.hermann@ogc.usda.gov* . SUPPLEMENTARY INFORMATION: This rulemaking makes a number of changes to the United States Department of Agriculture's

(USDA)delegations of authority in 7 CFR part 2 by removing obsolete delegations, adding new delegations, and modifying existing delegations. This rulemaking removes as obsolete the delegations of authority to the Under Secretaries for Farm and Foreign Agricultural Services in 7 CFR 2.16(a)(2)(viii) and Rural Development in 7 CFR 2.17(a)(17), and to the Administrators of the Farm Service Agency in 7 CFR 2.42(a)(35), Rural Utilities Service in 7 CFR 2.47(a)(9), Rural Business-Cooperative Service in 7 CFR 2.48(a)(15), and Rural Housing Service in 7 CFR 2.49(a)(7), regarding claims collection authority in light of the Department's debt management regulations in 7 CFR part 3. Under 7 CFR 3.4, the head of an agency (defined in 7 CFR 3.3 as “a subagency, office, or corporation within USDA subject to the authority and general supervision of the Secretary”) “is authorized to exercise any or all of the functions provided by this part with respect to programs for which the head of the agency has delegated responsibility, and may delegate and authorize the redelegation of any of the functions vested in the head of the agency by this part, except as otherwise provided by this part.” This rulemaking also amends the delegations of authority to reflect that administrative supervision of the Office of Ethics has been transferred from the Office of Human Resources Management, Departmental Management, to the General Counsel. The delegations also reflect that the Director, Office of Ethics, is the USDA Designated Agency Ethics Official, and the Assistant Director, Office of Ethics, is the USDA Alternate Agency Ethics Official. This rulemaking also amends the delegations to the General Counsel in 7 CFR 2.31 by removing an obsolete authority regarding proceedings before the Interstate Commerce Commission, and by adding a new authority to assert in litigation the deliberative process privilege and other legally recognized privileges. As a result of a recent reorganization of the Office of the General Counsel, there is now both a Principal Deputy General Counsel and a Deputy General Counsel. The amendment to 7 CFR 2.200 reflects that the Principal Deputy General Counsel is the “first assistant” for purposes of the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345—3349d. The Principal Deputy General Counsel is delegated the authority to perform all duties and exercise all powers delegated to the General Counsel during the absence or unavailability of the General Counsel. This rulemaking amends the delegations to the Chief Economist in 7 CFR 2.29, and adds a new § 2.74, to reflect the responsibilities of the Climate Change Program Office

(CCPO)within the Office of the Chief Economist. CCPO, known as the Global Change Program Office until recently, has been responsible for carrying out these activities since the office was established pursuant to section 2402 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 6701), but 7 CFR part 2 was never updated to reflect the authorities. This rulemaking also amends the delegations to the Chief Economist in 7 CFR 2.29, and adds a new § 2.75, to reflect the responsibilities of the Office of Environmental Markets

(OEM)within the Office of the Chief Economist. OEM was established to assist in implementing section 1245 of the Food Security Act of 1985 (16 U.S.C. 3845), as added by section 2709 of the Food, Conservation, and Energy Act of 2008, Public Law 110-246. Section 1245 of the Food Security Act of 1985 directs the Secretary to establish various types of guidelines regarding the participation of farmers, ranchers, and forest landowners in environmental services markets. The amendments also add a new delegation from the Secretary to the Under Secretary for Natural Resources and Environment

(NRE)in 7 CFR 2.20, and from the Under Secretary for NRE to the Chiefs of the Forest Service and the Natural Resources Conservation Service in 7 CFR 2.60 and 2.61, respectively, to conduct activities that assist the Office of the Chief Economist and OEM in establishing guidelines regarding the development of environmental services markets. These amendments also make a technical change to the delegations of authority from the Secretary to the Chief Economist in 7 CFR 2.29 by moving the delegations of authority in §§ 2.29(a)(2)(iii) and (a)(11)(iii) (authority to enter into contracts, grants, or cooperative agreements to further research programs in the food and agricultural sciences) and § 2.29(a)(11)(iv) (authority to enter into cost-reimbursable agreements relating to agricultural research) to a new paragraph in § 2.29 to clarify that the delegated authorities are not limited to risk assessment or energy-related activities, respectively. The delegations of authority from the Chief Economist to the Director, Office of Risk Assessment and Cost-Benefit Analysis in 7 CFR 2.71 are amended by removing as unnecessary the delegation of authority to enter into contracts, grants, or cooperative agreements to further research programs in the food and agricultural sciences because any such agreements would be signed by the Chief Economist. This rulemaking also amends the delegations of authority to the Assistant Secretary for Administration

(ASA)in 7 CFR 2.24 and the delegations of authority to certain officials within USDA's Departmental Management organization that report to the ASA (Chief Information Officer (7 CFR 2.89), Chief Financial Officer (7 CFR 2.90), Director, Office of Human Resources Management (7 CFR 2.91), Director, Office of Procurement and Property Management (7 CFR 2.93), and Director, Office of Operations (7 CFR 2.96), to reflect the abolishment of the Management Services office and to modify and realign Management Services functions to other Departmental Management offices in order to streamline operations and reduce costs. Accordingly, the delegations from the ASA to the Director, Management Services in 7 CFR 2.98 are removed. Additionally, the delegations to the ASA and Chief Information Officer regarding management of enterprise data centers and end user office automation services are revised to reflect the authority to perform such services as a Working Capital Fund activity. Also, a new delegation is added to the Chief Financial Officer, through the ASA, to redelegate authorities, as appropriate, to general officers of the Department and heads of Departmental agencies. This rulemaking amends the delegations of authority to the ASA in 7 CFR 2.24 to reflect that the ASA is the designated Chief Acquisition Officer for the Department. It also amends the delegations of authority to the ASA and to the Director, Office of Advocacy and Outreach in 7 CFR 2.94 to clarify that administration of the Hispanic Serving Institutions National Program includes the authority to enter into cooperative agreements pursuant to section 1472(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3318(b)). Additionally, this rulemaking amends the delegations of authority to the ASA and to the Director of the Office of Human Resources Management in 7 CFR 2.91 by removing the delegations relating to conflict management and Alternative Dispute Resolution

(ADR)and transferring them to the Assistant Secretary for Civil Rights

(ASCR)in 7 CFR 2.25. This amendment consolidates ADR authorities in one place, but the ASCR retains the authority in 7 CFR 2.25(a)(23) to re-delegate these responsibilities to other general officers or agency heads as the ASCR deems appropriate. This rulemaking also amends 7 CFR 2.25 to reflect the authority of the Assistant Secretary for Civil Rights to prepare, submit, and make publicly available the civil rights report required by section 14010 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2279-2). Finally, this rulemaking amends 7 CFR 2.5 to reflect the current order of succession for the Secretary of Agriculture as established by Executive Order 13612, May 21, 2012. Classification This rule relates to internal agency management. Accordingly, pursuant to 5 U.S.C. 553, 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** . This rule also is exempt from the provisions of Executive Order 12866. This action is not a rule as defined by the Regulatory Flexibility Act, 5 U.S.C. 601 *et seq.,* and the Small Business Regulatory Fairness Enforcement Act, 5 U.S.C. 801 *et seq.,* and thus is exempt from the provisions of those Acts. This rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). 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: 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 A—General 2. Revise § 2.5 to read as follows: § 2.5 Order in which officers of the Department shall act as Secretary.

(a)Pursuant to Executive Order 13612, “Providing an Order of Succession Within the Department of Agriculture” (77 FR 31153, May 24, 2012), during any period in which both the Secretary and the Deputy Secretary have died, resigned, or are otherwise unable to perform the functions and duties of the office of Secretary, the following officials designated in paragraphs (a)(1) through (a)(15) of this section shall act as Secretary, in the order in which they are listed. Each official shall act only in the event of the death, resignation, or inability to perform the functions and duties of Secretary of the immediately preceding official:

(1)Under Secretary of Agriculture for Farm and Foreign Agricultural Services.

(2)Under Secretary of Agriculture for Food, Nutrition, and Consumer Services.

(3)Assistant Secretary of Agriculture for Administration.

(4)Under Secretary of Agriculture for Research, Education, and Economics.

(5)Under Secretary of Agriculture for Food Safety.

(6)Under Secretary of Agriculture for Natural Resources and Environment.

(7)Under Secretary of Agriculture for Rural Development.

(8)Under Secretary of Agriculture for Marketing and Regulatory Programs.

(9)General Counsel of the Department of Agriculture.

(10)Chief of Staff, Office of the Secretary.

(11)State Executive Directors of the Farm Service Agency for the States of California, Iowa, and Kansas, in order of seniority fixed by length of unbroken service as State Executive Director of that State.

(12)Regional Administrators of the Food and Nutrition Service for the Mountain Plains Regional Office (Denver, Colorado), Midwest Regional Office (Chicago, Illinois), and Western Regional Office (San Francisco, California), in order of seniority fixed by length of unbroken service as Regional Administrator of that Regional Office.

(13)Chief Financial Officer of the Department of Agriculture.

(14)Assistant Secretary of Agriculture (Civil Rights).

(15)Assistant Secretary of Agriculture (Congressional Relations).

(b)If any two or more individuals designated in paragraphs (a)(11) or (a)(12) of this section were sworn in to, or commenced service in, their respective offices on the same day, precedence shall be determined by the alphabetical order of the State in which the individual serves.

(c)No individual who is serving in an office listed in paragraphs (a)(1) through (a)(15) of this section shall, by virtue of so serving, act as Secretary pursuant to this section.

(d)No individual who is serving in an office listed in paragraphs (a)(1) through (a)(15) of this section shall act as Secretary unless that individual is otherwise eligible to so serve under the Federal Vacancies Reform Act of 1998 (5 U.S.C. 3345, *et seq.* ).

(e)Notwithstanding the provisions of this section and Executive Order 13612, the President retains discretion, to the extent permitted by law, to depart from the order of succession in paragraph

(a)of this section in designating an acting Secretary. Subpart C—Delegations of Authority to the Deputy Secretary, Under Secretaries, and Assistant Secretaries § 2.16 [Amended] 3. Amend § 2.16 by removing and reserving paragraph (a)(2)(viii). § 2.17 [Amended] 4. Amend § 2.17 by removing and reserving paragraph (a)(17). 5. Amend § 2.20 by adding new paragraphs (a)(2)(xlv) and (a)(3)(xxiv), to read as follows: § 2.20 Under Secretary for Natural Resources and Environment.

(a)* * *

(2)* * *

(xlv)Conduct activities that assist the Chief Economist in developing guidelines regarding the development of environmental services markets.

(3)* * *

(xxiv)Conduct activities that assist the Chief Economist in developing guidelines regarding the development of environmental services markets. 6. Amend § 2.24 as follows: a. Revise paragraphs (a)(2)(xi)(C), (a)(2)(xi)(D), (a)(3)(xxv), (a)(4)(xx), and (a)(7)(xiv); b. Remove paragraph (a)(4)(xxii); c. Remove and reserve paragraph (a)(11); d. Add and reserve new paragraphs (a)(3)(xxix) and (a)(6)(xix); and e. Add new paragraphs (a)(3)(xxx), (a)(6)(iii)(I), (a)(6)(xx), (a)(9)(vi), (a)(9)(vii), and (a)(9)(viii), to read as follows: § 2.24 Assistant Secretary for Administration.

(a)* * *

(2)* * *

(xi)* * *

(C)Manage the Enterprise Data Centers, including setting rates to recover the cost of goods and services within approved policy and funding levels; and oversee the delivery of Enterprise Data Center goods and services, with authority to take actions required by law or regulation to perform such services as a Working Capital Fund activity.

(D)Manage a comprehensive set of end user office automation services, including setting rates to recover the cost of goods and services within approved policy and funding levels; and oversee the delivery of goods and services associated with end user office automation services, including desktop computers, enterprise networking support, handheld devices, and voice telecommunications, with authority to take actions required by law or regulation to perform such services as a Working Capital Fund activity.

(3)* * *

(xxv)Provide budget, accounting, fiscal, and related financial management services, with authority to take action required by law or regulation to provide such services for:

(A)The Secretary of Agriculture.

(B)The general officers of the Department, except the Inspector General.

(C)The offices and agencies reporting to the Assistant Secretary for Administration.

(D)Any other offices or agencies of the Department as may be agreed.

(xxix)[Reserved]

(xxx)Redelegate, as appropriate, any authority delegated under paragraph (a)(3) to general officers of the Department and heads of Departmental agencies.

(4)* * *

(xx)Provide human resources operational services for the following:

(A)The Secretary of Agriculture.

(B)The general officers of the Department.

(C)The offices and agencies reporting to the Assistant Secretary for Administration.

(D)The Office of the Assistant Secretary for Civil Rights.

(E)Any other offices or agencies of the Department as may be agreed.

(xxii)[Removed]

(6)* * *

(iii)* * *

(I)Serve as the designated Chief Acquisition Officer for the Department pursuant to section 1702 of title 41, United States Code.

(xix)[Reserved]

(xx)Provide services, including procurement of supplies, services, and equipment, with authority to take actions required by law or regulation to perform such services for:

(A)The Secretary of Agriculture.

(B)The general officers of the Department, except the Inspector General.

(C)Any other offices or agencies of the Department as may be agreed, including as a Working Capital Fund activity.

(7)* * *

(xiv)Administer the Hispanic Serving Institutions National Program, including through the use of cooperative agreements under 7 U.S.C. 3318(b).

(9)* * *

(vi)Provide services, including travel support, conference management, and general administrative support including coordination of office renovations and moves (within USDA Whitten Building), with authority to take actions required by law or regulation to perform such services for:

(A)The Secretary of Agriculture.

(B)The general officers of the Department, except the Inspector General.

(C)The offices and agencies reporting to the Assistant Secretary for Administration.

(D)The Office of the Assistant Secretary for Civil Rights.

(E)Any other offices or agencies of the Department as may be agreed.

(vii)Prepare responses to requests under the Freedom of Information Act with authority to take actions as required by law or regulation for the office and agencies reporting to the Assistant Secretary for Administration.

(viii)Administer the records management program in support of Departmental Management, and prepare and coordinate responses to management audits by the Inspector General and the Government Accountability Office, with authority to take actions as required by law or regulation for the offices and agencies reporting to the Assistant Secretary for Administration.

(11)[Reserved] 7. Amend § 2.25 as follows: a. Revise paragraph (a)(21); b. Redesignate paragraph (a)(22) as paragraph (a)(23); and c. Add a new paragraph (a)(22). The revision and addition read as follows: § 2.25 Assistant Secretary for Civil Rights.

(a)* * *

(21)*Related to Alternative Dispute Resolution.*

(i)Designate the senior official to serve as the Department Dispute Resolution Specialist pursuant to section 3 of the Administrative Dispute Resolution Act, Public Law 101-552, as amended (5 U.S.C. 571 note), and provide leadership, direction, and coordination for the Department's conflict prevention and resolution activities.

(ii)Issue Departmental regulations, policies, and procedures relating to the use of Alternative Dispute Resolution

(ADR)to resolve employment complaints and grievances, workplace disputes, program complaints alleging civil rights violations, and contract and procurement disputes.

(iii)Provide ADR services for:

(A)The Secretary of Agriculture.

(B)The general officers of the Department.

(C)The offices and agencies reporting to the Assistant Secretary for Administration.

(D)Any other office or agency of the Department as may be agreed.

(iv)Develop and issue standards for mediators and other ADR neutrals utilized by the Department.

(v)Coordinate ADR activities throughout the Department.

(vi)Monitor agency ADR programs and report at least annually to the Secretary on the Department's ADR activities.

(22)Prepare, submit, and make publicly available the civil rights report required by section 14010 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2279-2). Subpart D—Delegations of Authority to Other General Officers and Agency Heads 8. Amend § 2.29 as follows: a. Remove paragraph (a)(2)(iii); b. Remove and reserve paragraphs (a)(11)(iii) and (a)(11)(iv); and c. Add new paragraphs (a)(12) through (a)(14) to read as follows: § 2.29 Chief Economist.

(a)* * *

(12)*Related to climate change.*

(i)Coordinate policy analysis, long-range planning, research, and response strategies relating to climate change issues.

(ii)Provide liaison with other Federal agencies, through the Office of Science and Technology Policy, regarding climate change issues.

(iii)Inform the Department of scientific developments and policy issues relating to the effects of climate change on agriculture and forestry, including broader issues that affect the impact of climate change on the farms and forests of the United States.

(iv)Recommend to the Secretary alternative courses of action with which to respond to such scientific developments and policy issues.

(v)Ensure that recognition of the potential for climate change is fully integrated into the research, planning, and decisionmaking processes of the Department.

(vi)Coordinate global climate change studies.

(vii)Coordinate the participation of the Department in interagency climate-related activities.

(viii)Consult with the National Academy of Sciences and private, academic, State, and local groups with respect to climate research and related activities.

(ix)Represent the Department to the Office of Science and Technology Policy on issues related to climate change.

(x)Represent the Department on the Intergovernmental Panel on Climate Change.

(xi)Review all Department budget items relating to climate change issues, including specifically the research budget to be submitted by the Secretary to the Office of Management and Budget.

(13)*Related to environment.*

(i)Coordinate implementation of section 1245 of the Food Security Act of 1985 regarding environmental services markets (16 U.S.C. 3845).

(ii)[Reserved]

(14)*Related to agreements.*

(i)Enter into contracts, grants, or cooperative agreements to further research programs in the food and agricultural sciences (7 U.S.C. 3318).

(ii)Enter into cost-reimbursable agreements relating to agricultural research (7 U.S.C. 3319a). 9. Amend § 2.31 as follows: a. Redesignate paragraphs

(a)through

(p)as paragraphs (a)(1) through (a)(16); b. Redesignate the introductory text as paragraph

(a)and revise the newly redesignted text; c. Remove and reserve newly redsignated paragraph (a)(8); d. Redesignate newly redesignated paragraphs (a)(12)(1) through (a)(12)(5) as paragraphs (a)(12)(i) through (v); and e. Add new paragraphs (a)(17) and (b). The revision and additions read as follows: § 2.31 General Counsel.

(a)*Related to legal services.* The General Counsel, as the chief law officer of the Department, is legal advisor to the Secretary and other officials of the Department and responsible for providing legal services for all the activities of the Department. The delegations of authority by the Secretary of Agriculture to the General Counsel include the following:

(17)On a non-exclusive basis, assert in litigation the deliberative process privilege and other legally recognized privileges.

(b)*Related to ethics.* The following delegation of authority is made by the Secretary to the General Counsel: Provide administrative supervision for the Office of Ethics. Subpart F—Delegations of Authority by the Under Secretary for Farm and Foreign Agricultural Services § 2.42 [Amended] 10. Amend § 2.42 by removing and reserving paragraph (a)(35). Subpart G—Delegations of Authority by the Under Secretary for Rural Development § 2.47 [Amended] 11. Amend § 2.47 by removing and reserving paragraph (a)(9). § 2.48 [Amended] 12. Amend § 2.48 by removing and reserving paragraph (a)(15). § 2.49 [Amended] 13. Amend § 2.49 by removing and reserving paragraph (a)(7). Subpart J—Delegations of Authority by the Under Secretary for Natural Resources and Environment 14. Amend § 2.60 by adding new paragraph (a)(54), to read as follows: § 2.60 Chief, Forest Service.

(a)* * *

(54)Conduct activities that assist the Director, Office of Environmental Markets, in developing guidelines regarding the development of environmental services markets. 15. Amend § 2.61 by adding new paragraph (a)(29), to read as follows: § 2.61 Chief, Natural Resources Conservation Service.

(a)* * *

(29)Conduct activities that assist the Director, Office of Environmental Markets, in developing guidelines regarding the development of environmental services markets. Subpart L—Delegations of Authority by the Chief Economist § 2.71 [Amended] 16. Amend § 2.71 by removing paragraph (a)(3). 17. Amend subpart L by adding new sections §§ 2.74 and 2.75 to read as follows: § 2.74 Director, Climate Change Program Office.

(a)*Delegations.* Pursuant to § 2.29(a)(12), the following delegations of authority are made by the Chief Economist to the Director, Climate Change Program Office:

(1)Coordinate policy analysis, long-range planning, research, and response strategies relating to climate change issues.

(2)Provide liaison with other Federal agencies, through the Office of Science and Technology Policy, regarding climate change issues.

(3)Inform the Department of scientific developments and policy issues relating to the effects of climate change on agriculture and forestry, including broader issues that affect the impact of climate change on the farms and forests of the United States.

(4)Recommend to the Chief Economist alternative courses of action with which to respond to such scientific developments and policy issues.

(5)Ensure that recognition of the potential for climate change is fully integrated into the research, planning, and decisionmaking processes of the Department.

(6)Coordinate global climate change studies.

(7)Coordinate the participation of the Department in interagency climate-related activities.

(8)Consult with the National Academy of Sciences and private, academic, State, and local groups with respect to climate research and related activities.

(9)Represent the Department to the Office of Science and Technology Policy on issues related to climate change.

(10)Represent the Department on the Intergovernmental Panel on Climate Change.

(11)Review all Department budget items relating to climate change issues, including specifically the research budget to be submitted by the Secretary to the Office of Management and Budget.

(b)[Reserved] § 2.75 Director, Office of Environmental Markets.

(a)*Delegations.* Pursuant to § 2.29(a)(13), the following delegations of authority are made by the Chief Economist to the Director, Office of Environmental Markets:

(1)Coordinate implementation of section 1245 of the Food Security Act of 1985 regarding environmental services markets (16 U.S.C. 3845).

(2)[Reserved]

(b)[Reserved] Subpart P—Delegations of Authority by the Assistant Secretary for Administration 18. Amend § 2.89 by revising paragraphs (a)(11)(iii) and (a)(11)(iv), to read as follows: § 2.89 Chief Information Officer.

(a)* * *

(11)* * *

(iii)Manage the Enterprise Data Centers, with the exception of the National Finance Center; and oversee the delivery of Enterprise Data Center goods and services, with authority to take actions required by law or regulation to perform such services as a Working Capital Fund activity.

(iv)Manage a comprehensive set of end user office automation services and oversee the delivery of goods and services associated with end user office automation services, including desktop computers, enterprise networking support, handheld devices, and voice telecommunications, with authority to take actions required by law or regulation to perform such services as a Working Capital Fund activity. 19. Amend § 2.90 as follows: a. Revise paragraph (a)(25); and b. Add a new paragraph (a)(30), to read as follows: § 2.90 Chief Financial Officer.

(a)* * *

(25)Provide budget, accounting, fiscal, and related financial management services, with authority to take action required by law or regulation to provide such services for:

(i)The Secretary of Agriculture.

(ii)The general officers of the Department, except the Inspector General.

(iii)The offices and agencies reporting to the Assistant Secretary for Administration.

(iv)Any other offices or agencies of the Department as may be agreed.

(30)Redelegate, as appropriate, any authority delegated under this section to general officers of the Department and heads of Departmental agencies. 20. Amend § 2.91 as follows: a. Revise paragraph (a)(20) to read as set forth below; and b. Remove paragraph (a)(22). § 2.91 Director, Office of Human Resources Management.

(a)* * *

(20)Provide human resources operational services for the following:

(i)The Secretary of Agriculture.

(ii)The general officers of the Department.

(iii)The offices and agencies reporting to the Assistant Secretary for Administration.

(iv)The Office of the Assistant Secretary for Civil Rights.

(v)Any other offices or agencies of the Department as may be agreed. 21. Amend § 2.93 by adding a new paragraph (a)(20) to read as follows: § 2.93 Director, Office of Procurement and Property Management.

(a)* * *

(20)Provide services, including procurement of supplies, services, and equipment, with authority to take actions required by law or regulation to perform such services for:

(i)The Secretary of Agriculture.

(ii)The general officers of the Department, except the Inspector General.

(iii)Any other offices or agencies of the Department as may be agreed, including as a Working Capital Fund activity. 22. Amend § 2.94 by revising paragraph (a)(14) to read as follows: § 2.94 Director, Office of Advocacy and Outreach.

(a)* * *

(14)Administer the Hispanic Serving Institutions National Program, including through the use of cooperative agreements under 7 U.S.C. 3318(b). 23. Amend § 2.96 by adding new paragraphs (a)(6), (a)(7), and (a)(8) to read as follows: § 2.96 Director, Office of Operations.

(a)* * *

(6)Provide services, including travel support, conference management, and general administrative support including coordination of office renovations and moves (within USDA Whitten Building), with authority to take actions required by law or regulation to perform such services for:

(i)The Secretary of Agriculture.

(ii)The general officers of the Department, except the Inspector General.

(iii)The offices and agencies reporting to the Assistant Secretary for Administration.

(iv)The Office of the Assistant Secretary for Civil Rights.

(v)Any other offices or agencies of the Department as may be agreed.

(7)Prepare responses to requests under the Freedom of Information Act with authority to take actions as required by law or regulation for the office and agencies reporting to the Assistant Secretary for Administration.

(8)Administer the records management program in support of Departmental Management, and prepare and coordinate responses to management audits by the Inspector General and the Government Accountability Office, with authority to take actions as required by law or regulation for the offices and agencies reporting to the Assistant Secretary for Administration. § 2.98 [Removed] 24. Remove § 2.98. Subpart Q—Delegations of Authority by the General Counsel 25. Revise § 2.200 to read as follows: § 2.200 Principal Deputy General Counsel. Pursuant to § 2.31, the following delegation of authority is made by the General Counsel to the Principal Deputy General Counsel, to be exercised only during the absence or unavailability of the General Counsel: Perform all duties and exercise all powers that are now or which may hereafter be delegated to the General Counsel. 26. Amend subpart Q by adding new §§ 2.201 and 2.202 to read as follows: § 2.201 Director, Office of Ethics. Pursuant to the Office of Government Ethics regulations at 5 CFR part 2638, the Director, Office of Ethics, shall be the USDA Designated Agency Ethics Official with the authority to coordinate and manage the Department's ethics program as provided in part 2638. § 2.202 Deputy Director, Office of Ethics. Pursuant to the Office of Government Ethics regulations at 5 CFR part 2638, the Deputy Director, Office of Ethics, shall be the USDA Alternate Agency Ethics Official and shall exercise the authority reserved to the USDA Designated Agency Ethics Official as provided in part 2638 in the absence or unavailability of the USDA Designated Agency Ethics Official. Done at Washington, DC, this 25th day of June, 2013. Thomas J. Vilsack, Secretary of Agriculture. [FR Doc. 2013-15849 Filed 7-8-13; 8:45 am]

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