Unknown. Final rule

9,364 words·~43 min read·/register/2022/07/26/2022-15742·

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-2022-07-26.xml --- 87 142 Tuesday, July 26, 2022 Contents Agriculture Agriculture Department See Food and Nutrition Service See Forest Service RULES Delegations of Authority, 44265-44273 2022-15742 Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44365-44366 2022-15951 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Fiscal Year 2019 Service Contract Inventory, 44365 2022-15962 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Field Tests and Evaluations, 44336-44337 2022-15982 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Clinical Laboratory Improvement Amendments Fees: Histocompatibility, Personnel, and Alternative Sanctions for Certificate of Waiver Laboratories, 44896-44942 2022-15300 Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Organ Acquisition; etc., 44502-44843 2022-15372 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Performance Progress Report, 44404-44405 2022-15940 Coast Guard Coast Guard NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44413-44416 2022-15900 2022-15898 2022-15899 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission PROPOSED RULES Ban:

Crib Bumpers, 44307-44308 2022-15906 Inclined Sleepers for Infants, 44309-44310 2022-15904 Safety Standard: Crib Bumpers/Liners, 44306-44307 2022-15905 NOTICES Meetings; Sunshine Act, 44365 2022-16057 2022-16140 Defense Department Defense Department See Army Department See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44366-44372 2022-15941 2022-15942 2022-15943 2022-15944 2022-15946 2022-15947 2022-15948 2022-15949 2022-15957 2022-15958 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Guaranty Agency Financial Report, 44372-44373 2022-15960 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Bipartisan Infrastructure Law Support for Resilient and Efficient Building Energy Code Implementation, 44373-44374 2022-15976 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Missouri; Removal of Control of Emissions from Bakery Ovens, 44277-44278 2022-15745 Pesticides:

Certification of Pesticide Applicators; Further Extension to Expiration Date of Certification Plans, 44278-44279 2022-16008 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Kentucky; Emissions Inventory Requirements for the 2015 8-Hour Ozone Standard Nonattainment Areas, 44310-44314 2022-15776 South Carolina; New Source Review Updates, 44314-44318 2022-15778 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Consolidated Superfund Information Collection Request, 44388-44389 2022-15952 Clean Air Act Grant: Santa Barbara County Air Pollution Control District; Opportunity for Public Hearing, 44389-44391 2022-15959 Ventura County Air Pollution Control District; Opportunity for Public Hearing, 44387-44388 2022-15953 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: The Boeing Company Airplanes, 44285-44288 2022-15848 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Unmanned Aircraft Systems Support Center Case Management System, 44486-44487 2022-15894 Federal Emergency Federal Emergency Management Agency NOTICES Final Flood Hazard Determinations, 44416-44418 2022-15915 Flood Hazard Determinations, 44418-44420 2022-15916 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Ampersand Hollow Dam Hydro, LLC, 44374 2022-15999 Combined Filings, 44378-44379, 44383-44384 2022-15997 2022-15998 Denial of Water Quality Certification:

City of Watervliet, 44376 2022-16000 Environmental Assessments; Availability, etc.: City of Watervliet, 44382-44383 2022-16004 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Allora Solar, LLC, 44385-44386 2022-15985 Bulldog Solar, LLC, 44386-44387 2022-15996 Cabin Creek Solar, LLC, 44378 2022-15989 Gunsight Solar, LLC, 44380-44381 2022-15987 PGR 2021 Lessee 11, LLC, 44375 2022-15990 PGR 2021 Lessee 12, LLC, 44376-44377 2022-15988 PGR 2021 Lessee 13, LLC, 44384 2022-16001 PGR 2021 Lessee 15, LLC, 44375 2022-15986 PGR 2021 Lessee 19, LLC, 44382 2022-16003 PGR 2021 Lessee 9, LLC, 44374 2022-15994 Phobos Solar, LLC, 44385 2022-15991 Sonny Solar, LLC, 44376 2022-16002 SR Bell Buckle, LLC, 44382 2022-15984 SR Cedar Springs, LLC, 44386 2022-15993 SR Clay, LLC, 44377-44378 2022-16006 SR DeSoto I Lessee, LLC, 44383 2022-15981 SR DeSoto I, LLC, 44375-44376 2022-15983 SR McKellar Lessee, LLC, 44384 2022-16005 SR McKellar, LLC, 44377 2022-15995 SR Turkey Creek, LLC, 44385 2022-15980 Meetings;

Sunshine Act, 44379-44380 2022-16112 Records Governing Off-the-Record Communications, 44381 2022-15992 Federal Mediation Federal Mediation and Conciliation Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for Arbitration Panel, 44391 2022-15964 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44392-44393 2022-15901 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 44391-44392 2022-16018 Federal Trade Federal Trade Commission PROPOSED RULES Guides Concerning the Use of Endorsements and Testimonials in Advertising, 44288-44306 2022-12327 NOTICES Horseracing Integrity and Safety Authority Rule Modification, 44393-44404 2022-15972 Fish Fish and Wildlife Service RULES Subsistence Management for Public Lands in Alaska: 2022-23 and 2023-24 Subsistence Taking of Wildlife Regulations, 44846-44894 2022-15409 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Monthly Monitoring Study, 44405-44407 2022-15955 The Real Cost Campaign Outcomes Evaluation Study: Cohort 3, 44409-44412 2022-15954 Emergency Use Authorization: Use of a Drug during the COVID-19 Pandemic; Revocation, 44407-44409 2022-15956 Food and Nutrition Food and Nutrition Service NOTICES Child and Adult Care Food Program: National Average Payment Rates, Day Care Home Food Service Payment Rates, and Administrative Reimbursement Rates for Sponsoring Organizations of Day Care Homes, 44326-44329 2022-15893 National School Lunch, Special Milk, and School Breakfast Programs, National Average Payments/Maximum Reimbursement Rates, 44329-44336 2022-15892 Forest Forest Service RULES Subsistence Management for Public Lands in Alaska: 2022-23 and 2023-24 Subsistence Taking of Wildlife Regulations, 44846-44894 2022-15409 General Services General Services Administration RULES Federal Management Regulation:

Internet GOV Domain, 44279-44280 2022-15670 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 National Institutes of Health 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:

Small Cities Program Performance Assessment Report, 44420-44421 2022-16007 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Approval of Tribal-State Class III Gaming Compact; Arizona, 44421 2022-16024 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Security and Critical Technology Assessments of the U.S. Industrial Base, 44337 2022-16015 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Gains and Losses from Contracts and Straddles, 44499-44500 2022-15971 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Finished Carbon Steel Flanges from India, 44337-44338 2022-16027 Scope Ruling Applications Filed, 44338-44339 2022-16010 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.:

Certain Toner Supply Containers and Components Thereof (II), 44423-44424 2022-15907 Glycine from China, 44422-44423 2022-15936 Justice Department Justice Department NOTICES Proposed Consent Decree: Toxic Substances Control Act, 44424-44425 2022-15891 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reemployment Services and Eligibility Assessment Program, 44425 2022-15967 The 1,2-Dibromo-3-Chloropropane Standard, 44427 2022-16016 The Evaluation of the Pathway Home Grant Program, 44426-44427 2022-15969 Unemployment Insurance Data Validation Program, 44425-44426 2022-15968 Maritime Maritime Administration NOTICES Buy America Waiver, 44487-44489 2022-16012 Millenium Millennium Challenge Corporation NOTICES Compact with the Democratic Republic of Timor-Leste, 44427-44428 2022-16020 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Consolidated Child Restraint System Registration for Defect Notifications and Labeling, 44494-44499 2022-16022 Consolidated Labeling Requirements for Motor Vehicles (except the VIN), 44489-44492 2022-16021 Replaceable Light Source Dimensional, 44493-44494 2022-16023 National Institute National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 44413 2022-15910 Meetings: National Human Genome Research Institute, 44412 2022-15908 National Library of Medicine, 44413 2022-15909 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Pacific Halibut Fisheries:

Catch Sharing Plan, 44318-44325 2022-15889 NOTICES Environmental Assessments; Availability, etc.: Installation of a High Frequency Radar at Hightower Park in Satellite Beach, FL, 44364 2022-15897 Meetings: Pacific Fishery Management Council, 44364-44365 2022-15979 Takes of Marine Mammals Incidental to Specified Activities: Office of Naval Research's Arctic Research Activities in the Beaufort and Chukchi Seas (Year 5), 44339-44364 2022-15937 National Park National Park Service NOTICES Determination of Eligibility for Consideration as Wilderness Areas:

Wupatki National Monument, AZ, 44421-44422 2022-15970 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44429-44430 2022-15945 Meetings; Sunshine Act, 44429 2022-16078 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44372 2022-15950 Nuclear Regulatory Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 8, 44273-44277 2022-15939 PROPOSED RULES Accident Source Term Methodologies and Corresponding Release Fractions, 44281-44283 2022-15854 List of Approved Spent Fuel Storage Casks:

Holtec International HI-STORM Flood/Wind Multipurpose Canister Storage System, Certificate of Compliance No. 1032, Amendment No. 8, 44283-44285 2022-15938 NOTICES Licenses; Exemptions, Applications, Amendments etc.: Turkey Point Nuclear Generating Unit Nos. 3 and 4, Florida Power and Light Co., 44430-44431 2022-15902 Meetings; Sunshine Act, 44430 2022-16052 Personnel Personnel Management Office NOTICES Excepted Service, 44431-44437 2022-15895 2022-15896 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous Materials:

Harmonization with International Standards, 44944-45001 2022-15358 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44437-44438, 44455, 44462-44463 2022-15911 2022-15912 2022-15913 2022-15914 Meetings; Sunshine Act, 44445-44446 2022-16096 Self-Regulatory Organizations; Proposed Rule Changes: Cboe C2 Exchange, Inc., 44440-44444 2022-15934 Cboe Exchange, Inc., 44438-44440 2022-15921 MEMX, LLC, 44466-44468 2022-15918 MIAX Emerald, LLC, 44475-44477 2022-15935 Nasdaq BX, Inc., 44471-44472 2022-15924 Nasdaq PHLX, LLC, 44447-44449 2022-15923 New York Stock Exchange, LLC, 44444-44445, 44481-44484 2022-15926 2022-15929 NYSE American, LLC, 44446-44447, 44463-44465 2022-15927 2022-15930 NYSE Arca, Inc., 44473-44475 2022-15931 NYSE Chicago, Inc., 44452-44455, 44469-44470 2022-15928 2022-15932 NYSE National, Inc., 44449-44452, 44468-44469 2022-15925 2022-15933 The Nasdaq Stock Market, LLC, 44455-44457 2022-15922 The Options Clearing Corp., 44457-44462, 44477-44481 2022-15919 2022-15920 Small Business Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 44484-44485 2022-15978 Disaster Declaration: Minnesota; Public Assistance Only, 44485 2022-15963 North Dakota; Public Assistance Only, 44484 2022-15961 Surface Transportation Surface Transportation Board NOTICES Exemption: Abandonment; Alabama Railroad, LLC, Escambia, Conecuh, and Monroe Counties, AL, 44485-44486 2022-15977 Transportation Department Transportation Department See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Meetings:

National Research Advisory Council, 44500 2022-16014 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 44502-44843 2022-15372 Part III Agriculture Department, Forest Service, 44846-44894 2022-15409 Interior Department, Fish and Wildlife Service, 44846-44894 2022-15409 Part IV Health and Human Services Department, Centers for Medicare & Medicaid Services, 44896-44942 2022-15300 Part V Transportation Department, Pipeline and Hazardous Materials Safety Administration, 44944-45001 2022-15358 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 87 142 Tuesday, July 26, 2022 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Parts 1 and 2 RIN 0503-AA68 Delegations of Authority AGENCY: Office of the Secretary, USDA. ACTION: Final rule. SUMMARY:

This document revises the delegations of authority from the Secretary of Agriculture and general officers of the Department of Agriculture

(USDA)to reflect changes and additions to the delegations as summarized below. This rule also amends the scope and applicability of the rules of practice governing formal adjudicatory hearings to include actions initiated under the National Forest Roads and Trails Act. DATES: Effective July 26, 2022. FOR FURTHER INFORMATION CONTACT: Melissa McClellan, Office of the General Counsel,

(202)720-5565, *melissa.mcclellan@usda.gov.* SUPPLEMENTARY INFORMATION: Overview of Changes A. Realignment of the Office of Tribal Relations This rule amends the delegations of authority in 7 CFR part 2 to reflect the realignment of the Office of Tribal Relations

(OTR)from a staff office within the Office of Partnerships and Public Engagement

(OPPE)to a staff office whose head reports directly to the Secretary of Agriculture (Secretary). *See* Secretary's Memorandum 1077-002 (June 24, 2021), available at *https://www.ocio.usda.gov/document/secretarys-memorandum-1077-002.* The rule relocates the delegations of authority to the Director of OTR from § 2.701 in Subpart V to § 2.39 in Subpart D and removes the delegations of authority to the Director of OPPE related to the Office of Tribal Relations. B. Realignment of the Office of the Executive Secretariat This rule amends the delegations of authority in 7 CFR part 2 to reflect the realignment of the Office of the Executive Secretariat (OES). *See* Secretary's Memorandum 1076-06 (Aug. 14, 2020), available at *https://www.ocio.usda.gov/document/secretarys-memorandum-1076-036.* Pursuant to this realignment, the Departmental directives and forms functions previously assigned to the Director of OES have been reassigned to the Director of the Office of Budget and Program Analysis (OBPA). In addition, the Departmental records management functions previously assigned to the Director of OES have been reassigned to the General Counsel. Further, the rule revises the delegations of authority to reflect that the Director of OES and the Secretarial correspondence management function and support for the Immediate Office of the Secretary have been removed from the supervision of the Assistant Secretary for Administration

(ASA)and now reside in the Office of the Secretary. To reflect the move of the Director of OES from the Departmental Administration mission area to the Office of the Secretary, this rule redesignates the delegations to the Deputy Secretary at § 2.15 to reserved § 2.14, moves the delegations of authority to the Under Secretary for Trade and Foreign Agricultural Affairs

(TFAA)from § 2.26 to § 2.15, and moves the delegations of authority to the Director of OES from § 2.97 to § 2.26. This rule moves § 2.26 to Subpart D, Delegations of Authority to Other General Officers and Agency Heads, and amends the cross-references to the delegations of authority to the Under Secretary for TFAA in §§ 2.22, 2.600, 2.601, and 2.602. C. Additional Delegations Under the Agriculture Improvement Act of 2018 Section 7611 of the Agriculture Improvement Act of 2018 (“the Act”), Public Law 115-334, renamed the Agriculture Conservation Experienced Services

(ACES)program authorized under section 1252 of the Food Security Act of 1985 (16 U.S.C. 3851) the “Experienced Services Program” and expanded the authority to cover technical, professional, and administrative services to support the Research, Education, and Economics

(REE)mission area of the Department. A previous rule implementing the Act added new delegations for the expanded program authority to the Under Secretary for REE and to the Director of NIFA. *See,* Revision of Delegations of Authority, 85 FR 65500-01 (Oct. 15, 2020). This rule revises the delegations of authority to reflect that the Experienced Services Program authority has been further assigned to the Administrators of the Agricultural Research Service (ARS), the Economic Research Service (ERS), and the National Agricultural Statistics Service (NASS). Section 8642 of the Act (7 U.S.C. 7655c) established a new authority for the Secretary to carry out activities related to performance-driven research and development, education, and technical assistance for the purpose of facilitating the use of innovative wood products in wood building construction, including the authority to make competitive grants to institutions of higher education. This rule revises the delegations of authority to the Chief of the Forest Service, through the Under Secretary for Natural Resource and Environment (NRE), to include the authority under 7 U.S.C. 7655c, as previously assigned in Secretary's Memorandum 1076-030 (July 1, 2019), available at *https://www.ocio.usda.gov/document/secretarys-memorandum-1076-030.* D. Service First Initiative The “Service First” initiative, codified at 43 U.S.C. 1703, authorizes the Secretary of Agriculture and the Secretary of the Interior to establish joint projects, co-locate in facilities, and make reciprocal delegations of authority to promote customer service and efficiency. Although initially limited to land management agencies, Congress amended the authority in 2014 to make it available to all bureaus or offices of USDA and the Department of the Interior. This rule extends the Service First authority to the Under Secretary for Farm Production and Conservation (FPAC), following an initial delegation in a Secretary's Memorandum issued January 4, 2021. E. Miscellaneous Revisions to Part 2 Section 5 of the Department of Agriculture Organic Act of 1956 (7 U.S.C. 2228) authorizes the Department to furnish subsistence to employees without consideration as, or deduction from, the compensation of such employees where warranted by emergency conditions connected with the work of the Department under regulations prescribed by the Secretary. This rule revises the delegations of authority to the Under Secretary for NRE and the Chief of the Forest Service to confirm that this Departmental authority is available to the Forest Service. Further, this revision to the published delegations confirms the existing authority of the Forest Service to provide subsistence, including quarters and meals, to agency personnel in emergency conditions, such as wildland firefighters, in a manner that takes into account health and safety requirements resulting from the COVID-19 pandemic and other such emergencies. This rule also modifies the existing delegation of authority from the Under Secretary for NRE to the Chief of the Forest Service at § 2.60 concerning the authority to acquire land under the Weeks Act and special forest receipts acts. The revision streamlines the land acquisition process by removing the exception, for acquisitions of $250,000 in value or greater, to the Chief's delegation of authority to approve such acquisitions and by eliminating the corresponding reservation of authority by the Under Secretary for NRE to approve such land acquisitions. In addition, this rule makes general updates to the delegations to the Director of the Office of Homeland Security in § 2.95 and the related delegations to the Assistant Secretary for Administration

(ASA)in § 2.24(a)(8). The rule moves the delegations to the ASA related to physical security and safety of personnel from 2.24(a)(8) to a new paragraph (a)(11) to reflect that these delegations are further assigned to the Office of Safety, Security, and Protection. This rule also corrects an internal citation in a delegation to the Under Secretary for NRE. This rule makes revisions throughout Part 2 to reflect the name change of the former Office of Property and Fleet Management to the Office of Environmental Management. *See* Secretary's Memorandum 1077-001 (March 26, 2021), available at *https://www.ocio.usda.gov/document/secretarys-memorandum-1076-037.* This ruled further amends the existing delegations to the Under Secretary for FPAC and the Administrator of the Farm Service Agency

(FSA)under 7 U.S.C. 2204b(b)(4) to enter into cooperative agreements related to outreach and technical assistance for FSA programs, as previously implemented in Secretary's Memorandum 1077-003 (July 26, 2021) available at *https://www.ocio.usda.gov/document/secretarys-memorandum-1077-003.* F. Addition of National Forest Roads and Trails Act to USDA's Rules of Practice In addition to the revisions to Part 2, this rule also amends the scope of and applicability of USDA's rules of practice for formal adjudicatory hearings at 7 CFR part 1, subpart H, to include proceedings under the National Forest Roads and Trails Act

(FRTA)(16 U.S.C. 534). FRTA requires a formal adjudicatory proceeding for revocation of easements for nonuse, provided the holder requests one within 60 days of receipt of the notice of revocation. Revising 7 CFR 1.131 to add FRTA to the list of statutory provisions does not require public notice and comment as it is a technical, non-discretionary change to comply with statutory law. 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 Orders 12866 and 13771. This action is not a rule as defined by the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601 *et seq.,* or the Congressional Review 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 7 CFR Part 1 Administrative practice and procedure, Agriculture, Antitrust, Claims, Cooperatives, Courts, Equal access to justice, Fraud, Freedom of information, Government employees, Lawyers, Motion pictures, Penalties, Privacy. 7 CFR Part 2 Authority delegations (Government agencies). Accordingly, as discussed in the preamble, 7 CFR Subtitle A is amended as follows: Subtitle A—Office of the Secretary of Agriculture PART 1—ADMINISTRATIVE REGULATIONS Subpart H—Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes 1. The authority citation for subpart H is revised to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 61, 87e, 228, 268, 499o, 608c(14), 1592, 1624(b), 1636b, 1638b, 2151, 2279e, 2621, 2714, 2908, 3812, 4610, 4815, 4910, 6009, 6107, 6207, 6307, 6411, 6519, 6520, 6808, 7107, 7734, 8313; 15 U.S.C. 1828; 16 U.S.C. 534, 620d, 1540(f), 3373; 21 U.S.C. 104, 111, 117, 120, 122, 127, 134e, 134f, 135a, 154, 463(b), 621, 1043; 30 U.S.C. 185(o)(1); 43 U.S.C. 1740; 7 CFR 2.27, 2.35. 7 CFR § 1.131 2. Amend § 1.131(a) by adding a statutory provision to the list in alphabetical order to read as follows: § 1.31 Scope and applicability of this subpart.

(a)* * * National Forest Roads and Trails Act (16 U.S.C. 534). PART 2—DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE AND GENERAL OFFICERS OF THE DEPARTMENT 3. 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. PART 2—[AMENDED] 4. In part 2, revise all references to “Director, Office of Property and Fleet Management” to read “Director, Office of Property and Environmental Management”. Subpart C—Delegations of Authority to the Deputy Secretary, Under Secretaries, and Assistant Secretaries § 2.15 [Redesignated] 5. Redesignate § 2.15 as § 2.14. § 2.26 [Redesignated] 6. Redesignate § 2.26 as § 2.15. 7. Amend the newly redesignated § 2.15 by revising paragraphs (a)(1)(iv) and removing and reserving paragraph (a)(1)(vii)(F) to read as follows: § 2.15 Under Secretary for Trade and Foreign Agricultural Affairs.

(a)* * *

(1)* * *

(iv)Conduct functions of the Department relating to WTO, the Trade Expansion Act of 1962 (19 U.S.C. 1801 *et seq.* ), the Trade Act of 1974 (19 U.S.C. 2101 *et seq.* ), the Trade Agreements Act of 1979 (19 U.S.C. 2501 *et seq.* ), the Omnibus Trade and Competition Act of 1988 (19 U.S.C. 2901 *et seq.* ), and other legislation affecting international agricultural trade including the programs designed to reduce foreign tariffs and other trade barriers. 8. Amend § 2.16 by revising paragraphs (a)(1)(xxviii)(B) and (a)(12) to read as follows: § 2.16 Under Secretary for Farm Production and Conservation.

(a)* * *

(1)* * * (xxviii) * * *

(B)Administer cooperative agreements with Federal agencies, State, local, and tribal governments, nongovernmental organizations, and educational institutions related to outreach and technical assistance for programs carried out by the Farm Service Agency, and, where such cooperative agreements focus on outreach activities to beginning, underserved, or veteran producers, coordinate with the Director, Office of Partnerships and Public Engagement to reduce potential duplication.

(12)Establish programs with any bureau of the U.S. Department of the Interior (DOI), or with other agencies within USDA, in support of the Service First initiative for the purpose of promoting customer service and efficiency, including delegating to employees of DOI and other USDA agencies the authorities of the agencies in the Farm Production and Conservation mission area necessary to carry out projects on behalf of USDA (43 U.S.C. 1703). 9. Amend § 2.20 by revising the introductory text of paragraph (a)(2)(xxiv)(A) and (a)(2)(lv) and adding paragraph (a)(2)(lvi) to read as follows: § 2.20 Under Secretary for Natural Resources and Environment.

(a)* * *

(2)* * *

(xxiv)* * *

(A)Administer the forestry aspects of the programs listed in paragraphs (a)(2)(xxiv)(A)( *1* ) through ( *3* ) of this section on the National Forest System, rangelands with national forest boundaries, adjacent rangelands which are administered under formal agreement, and other forest lands;

(lv)Conduct performance-driven research and development, education, and technical assistance for the purpose of facilitating the use of innovative wood products in wood building construction in the United States (7 U.S.C. 7655c) and administer the Wood Innovation Grant program (7 U.S.C. 7655d).

(lvi)Furnish subsistence to employees without consideration as, or deduction from, the compensation of such employees where warranted by emergency conditions connected with the work of the Forest Service (7 U.S.C. 2228). § 2.22 [Amended] 10. In § 2.22, revise all references to “§ 2.26(a)(1)(x)” to read “§ 2.15(a)(1)(x)”. 11. Amend § 2.24 by: a. Revising paragraph (a)(8); b. Removing and reserving paragraphs (a)(9)(iii) and (a)(10); and c. Revising paragraph (a)(11). The revisions read as follows: § 2.24 Assistant Secretary for Administration.

(a)* * *

(8)*Related to homeland security.*

(i)Serve as the principal advisor to the Secretary on national security, including emergency management, agriculture and food defense, and foreign investments in U.S. agriculture.

(ii)Coordinate activities of the Department, including policies, processes, budget needs, and oversight relating to national security, including emergency management, biodefense, agriculture and food defense, and foreign investments in U.S. agriculture.

(iii)Act as the primary liaison on behalf of the Department with other Federal departments and agencies in activities relating to national security, including emergency management, integrated laboratory networks, agriculture and food defense, foreign investments in U.S. agriculture, national intelligence collection priorities, and interagency coordination and data sharing.

(iv)Coordinate in the Department the gathering of information relevant to early warning and awareness of threats and risks to the food and agriculture critical infrastructure sector; and share that information with, and provide assistance with interpretation and risk characterization of that information to, the intelligence community (as defined in 5 U.S.C. 3003), law enforcement agencies, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Health and Human Services, and State fusion centers (as defined in section 210A(j) of the Homeland Security Act of 2002 (6 U.S.C. 124h(j)).

(v)Establish and maintain an effective defensive Counterintelligence Program to counter Foreign Intelligence Entity

(FIE)threats to Departmental sensitive information and assets that includes identification and risk assessment to sensitive assets, development and implementation of mitigation strategies, integration of counter-FIE efforts across the Department, sharing of threat information and warnings, and promotion of counterintelligence training awareness.

(vi)Liaise with the Intelligence Community to assist in the development of periodic assessments and intelligence estimates, or other intelligence products, that support the defense of the food and agriculture critical infrastructure sector and risks associated with foreign investments in U.S. agriculture.

(vii)Coordinate the conduct, evaluation, and improvement of exercises to identify and eliminate gaps in preparedness and response.

(viii)Produce a Department-wide centralized strategic coordination plan to provide a high-level perspective of the operations of the Department relating to homeland and national security, including emergency management and agriculture and food defense.

(ix)Establish and carry out an interagency Agriculture and Food Threat Awareness Partnership Program, including by entering into cooperative agreements or contracts with Federal, State, or local authorities (7 U.S.C. 6922).

(x)Administer the Department's Emergency Preparedness Program. This includes:

(A)Coordinate the delegations and assignments made to the Department under the Defense Production Act of 1950, 50 U.S.C. App. 2061, *et seq.;* the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121, *et seq.;* and by Executive Orders 12148, “Federal Emergency Management” (3 CFR, 1979 Comp., p. 412), 12656, “Assignment of Emergency Preparedness Responsibilities” (3 CFR, 1988 Comp., p. 585), and 13603, “National Defense Resources Preparedness” (3 CFR, 2012 Comp., p. 225), or any successor to these Executive Orders, to ensure that the Department has sufficient capabilities to respond to any occurrence, including natural disaster, military attack, technological emergency, or any all hazards incident.

(B)Manage the Department Emergency Operations Center at Headquarters and the Secretary's alternative facilities; provide senior staff with international, national, and regional situational awareness reports; and provide and maintain current information systems technology and National Security Systems to support USDA executive crisis management capability.

(C)Provide facilities and equipment to facilitate inter-agency coordination during emergencies.

(D)Activate the USDA incident management system in accordance with the National Response Framework and the National Incident Management System in the event of a major incident; and provide oversight and coordination of the Department's Emergency Support Functions as outlined in the National Response Framework.

(E)Develop and promulgate policies for the Department regarding emergency preparedness and national security, including matters relating to anti-terrorism and agriculture-related emergency preparedness planning, both national and international, and guidance to USDA State and County Emergency Boards.

(F)[Reserved]

(G)Provide representation and liaison for the Department in contacts with other Federal entities and organizations, including the National Security Council's functional directorates, Homeland Security Council, Office of Management and Budget, Department of Homeland Security, Federal Emergency Management Agency, Office of the Director of National Intelligence, Department of State, Federal Bureau of Investigation, and Department of Defense concerning matters of a national security, multilateral weapons conventions, natural disasters, other emergencies, and agriculture/food-related international civil emergency planning and related activities.

(H)Act as the primary USDA representative for anti-terrorism activities and coordinates and oversees USDA's agroterrorism defense activities and programs.

(I)[Reserved]

(J)Provide guidance and direction regarding radiological emergency preparedness programs and the implementation of the National Response Framework's Nuclear/Radiological Incident Annex to Departmental staff offices, mission areas, and agencies.

(K)Provide program leadership and coordination for USDA's radiological emergency preparedness requirements with respect to Emergency Management and Assistance (44 CFR parts 350 through 352).

(L)Represent USDA on the Federal Radiological Preparedness Coordinating Committee (FRPCC) and Regional Assistance Committees

(RACs)and assist them in carrying out their functions.

(M)Support USDA in its management of the Department's emergency response program with respect to radiological emergency response activities.

(N)[Reserved]

(xi)Administer the Controlled Unclassified Information

(CUI)program for the Department pursuant to E.O. 13556, “Controlled Unclassified Information” (75 FR 68675, 3 CFR, 2011 Comp., p. 267) and 32 CFR part 2002.

(xii)Serve as the primary point of contact for Government Accountability Office

(GAO)and Office of the Inspector General

(OIG)audits of USDA homeland and national security activities.

(xiii)Coordinate interaction between Department agencies and private sector businesses and industries in emergency planning and public education under Department authorities delegated or assigned under the National Response Framework, National Infrastructure Protection Plan, Defense Production Act of 1950, 50 U.S.C. App. 2061, *et seq.,* and Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121, *et seq.*

(xiv)Oversee the Department's ability to collect and disseminate information and prepare for an agricultural disease emergency, agroterrorism act, or other threat to agricultural biosecurity, and coordinate such activities among agencies and offices within the Department (7 U.S.C. 8912).

(xv)Promulgate Departmental policies, standards, techniques, and procedures and represent the Department in providing security guidance to the Food and Agricultural Sector nationwide. This includes the following duties:

(A)Provide guidance to USDA agencies and the Food and Agricultural Sector in matters of security through use of assessments and development of mitigation strategies.

(B)Represent and act as liaison for the Department in contacts with other Federal security entities and organizations, including the Interagency Security Committee and the Department of Homeland Security.

(C)Provide guidance and direction to ensure agriculture/food security are fully integrated in USDA's security preparations, which are reported to and coordinated with the White House.

(D)Provide assistance to the USDA agencies in preparation for and during a disaster to identify critical assets and possible alternate storage locations.

(xvi)Provide oversight and coordination of the development and administration of the Department Continuity Program. This includes:

(A)Provide guidance and direction regarding continuity of operations to the Office of the Secretary, Departmental staff offices, mission areas, and agencies.

(B)Represent and act as liaison for the Department in contacts with other Federal entities and organizations concerning matters of assigned continuity program responsibilities.

(C)Oversee Department continuity of operations and emergency relocation facility planning, development, equipping, and preparedness to ensure that resources are in a constant state of readiness.

(xvii)Establish procedures to prevent unnecessary access to classified national security information

(CNSI)including procedures that require that need for access to CNSI is established before initiating security clearance procedures; and ensure that the number of persons granted access CNSI is limited to the minimum consistent with operational and security requirements:

(A)Direct and administer USDA's CNSI program pursuant to E.O. 13526, “Classified National Security Information” (75 FR 707, 3 CFR, 2010 Comp., p. 298), or subsequent orders.

(B)Establish and maintain Information Security policies and procedures for classifying, declassifying, safeguarding, and disposing of CNSI and materials.

(C)Investigate or delegate authority to investigate any potential compromises of CNSI and take corrective action for violations or infractions under section 5.5(b), of E.O. 13526 or any subsequent order.

(D)Develop and maintain oversight of all facilities throughout USDA where CNSI is or will be safeguarded, discussed, or processed including sole authority to liaison with the Central Intelligence Agency concerning guidance, approval, requirements, and oversight of USDA secure facilities. (xviii) Control within USDA the acquisition, use, and disposal of material and equipment that can be a source of ionizing radiation.

(A)Promulgate policies and procedures for ensuring the safety of USDA employees, the public, and the environment resulting from USDA's use of ionizing radiation sources.

(B)Maintain and ensure compliance with the Nuclear Regulatory Commission regulations (Title 10, Code of Federal Regulations) and license(s) issued to USDA for the acquisition, use, and disposal of radioactive materials.

(xix)Provide administrative supervision to the unit that grants, denies, or revokes security clearances for USDA employees and contractors.

(11)*Related to safety, security, and protection.*

(i)Promulgate Departmental policies, standards, techniques, and procedures; and represent the Department in maintaining the security of physical facilities and providing security guidance to the Food and Agricultural Sector nationwide. This includes the following activities:

(A)Lead and coordinate the development and maintenance of a mission critical facility inventory with agency involvement to ensure proper security countermeasures are implemented in the Department's most critical infrastructure.

(B)Provide guidance to USDA agencies in matters of physical security through use of physical security assessments and development of mitigation strategies.

(C)Conduct physical security investigations and compliance reviews Department-wide.

(D)Review and provide coordinated technical physical security assessments for all new construction of laboratories, data centers, germplasm repositories, and other mission critical infrastructure during the design phase, and all leased facilities prior to contract award.

(E)Oversee and manage physical security aspects of the Common Identification Card (LincPass) Program to ensure National Institute of Standards and Technology

(NIST)and General Services Administration

(GSA)compliancy within the National Capital Region and the physical access to USDA facilities.

(F)Provide enterprise connectivity to agency physical access control systems that provide cost leveraging and provisioning/de-provisioning nationwide.

(ii)Promulgate Departmental regulations, standards, techniques, and procedures and represent the Department in managing and maintaining a comprehensive physical and technical security program including access control, management of special police officer and guard services, executive driving, parking, ID badging in accordance with HSPD-12, occupant emergency and warden services at the USDA Headquarters Complex, George Washington Carver Center and, in coordination with GSA, USDA leased facilities in the Washington, DC metropolitan area, as well as at emergency relocation sites and certain critical facilities specified by the Assistant Secretary for Administration.

(iii)Carry out protection operations for the Secretary, Deputy Secretary, and other individuals as specified in Section 12520 of the Agriculture Improvement Act of 2018, including by authorizing law enforcement officers or special agents to carry firearms; conduct criminal investigations into potential threats to the security of individuals protected under Section 12520; make arrests without a warrant for any offense against the United States committed in the presence of the law enforcement officer or special agent; perform protective intelligence work, including identifying and mitigating potential threats and conducting advance work to review security matters relating to sites and events; and coordinate with local law enforcement authorities (7 U.S.C. 2279k). Subpart D—Delegations of Authority to Other General Officers and Agency Heads 12. Add § 2.26 to read as follows: § 2.26 Director, Office of the Executive Secretariat.

(a)*Delegations.* The following delegations of authority are made by the Secretary to the Director, Office of the Executive Secretariat:

(1)Exercise responsibility for all correspondence control and related records management functions for the Office of the Secretary;

(2)Provide administrative, editorial, and project management support services to the immediate Office of the Secretary.

(b)[Reserved] 13. Amend § 2.30 by adding paragraph (a)(9) to read as follows: § 2.30 Director, Office of Budget and Program Analysis.

(a)* * *

(9)Administer the Departmental forms, reports, and directives management programs. 14. Amend § 2.31 by adding paragraph

(d)to read as follows: § 2.31 General Counsel.

(d)*Related to records management.* Administer the Departmental records management program. § 2.38 [Amended] 15. Amend § 2.38 by removing and reserving paragraph (a)(2). 16. Add § 2.39 to read as follows: § 2.39 Director, Office of Tribal Relations.

(a)*Delegations.* The following delegations of authority are made by the Secretary to the Director, Office of Tribal Relations.

(1)Serve as the Department's primary point of contact for tribal issues.

(2)Advise the Secretary on policies related to Indian tribes.

(3)Serve as the official with principal responsibility for the implementation of Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments,” including the provision of Department-wide guidance and oversight regarding tribal consultation, coordination, and collaboration.

(4)Coordinate the Department's programs involving assistance to American Indians and Alaska Natives.

(5)Enter into cooperative agreements to improve the coordination and effectiveness of Federal programs, services, and actions affecting rural areas (7 U.S.C. 2204b(b)(4)); and to provide outreach and technical assistance to socially disadvantaged farmers and ranchers and veteran farmers and ranchers (7 U.S.C. 2279(c)(4)).

(6)Consult with the Administrator, Foreign Agricultural Service on the implementation of section 3312 of the Agriculture Improvement Act of 2018 (7 U.S.C. 5608) to support greater inclusion of Tribal agricultural food products in Federal trade activities.

(7)In coordination with the Under Secretary for Rural Development, provide technical assistance to improve access by Tribal entities to rural development programs funded by the Department of Agriculture through available cooperative agreement authorities (7 U.S.C. 2671).

(8)Oversee the Tribal Advisory Committee (7 U.S.C. 6921).

(b)[Reserved] Subpart F—Delegations of Authority by the Under Secretary for Farm Production and Conservation. 17. Amend § 2.42 by removing and reserving paragraph (a)(42) and revising paragraph (a)(50)(ii) to read as follows: § 2.42 Administrator, Farm Service Agency.

(a)* * *

(50)* * *

(ii)Administer cooperative agreements with Federal agencies, State, local, and tribal governments, nongovernmental organizations, and educational institutions related to outreach and technical assistance for programs carried out by the Farm Service Agency, and, where such cooperative agreements focus on outreach activities to beginning, underserved, or veteran producers, coordinate with the Director, Office of Advocacy and Outreach to reduce potential duplication. Subpart J—Delegations of Authority by the Under Secretary for Natural Resources and Environment 18. Amend § 2.60 by revising paragraphs (a)(3) and (a)(64), adding paragraph (a)(65), and removing paragraph (b)(6) to read as follows: § 2.60 Chief, Forest Service.

(a)* * *

(3)Acquire, dispose, and lease lands and interest in lands as may be authorized for the protection, management, and administration of the National Forest System, including the authority to approve acquisition of land under the Weeks Act of March 1, 1911, as amended, and special forest receipts acts (Pub. L. 337, 74th Cong., 49 Stat. 866, as amended by Pub. L. 310, 78th Cong., 58 Stat. 227; Pub. L. 505, 75th Cong., 52 Stat. 347, as amended by Pub. L. 310, 78th Cong., 58 Stat. 227; Pub. L. 634, 75th Cong., 52 Stat. 699, as amended by Pub. L. 310, 78th Cong., 58 Stat. 227; Pub. L. 748, 75th Cong., 52 Stat. 1205, as amended by Pub. L. 310, 78th Cong., 58 Stat. 227; Pub. L. 427, 76th Cong., 54 Stat. 46; Pub. L. 589, 76th Cong., 54 Stat. 297; Pub. L. 591, 76th Cong., 54 Stat. 299; Pub. L. 637, 76th Cong., 54 Stat. 402; Pub. L. 781, 84th Cong., 70 Stat. 632).

(64)Conduct performance-driven research and development, education, and technical assistance for the purpose of facilitating the use of innovative wood products in wood building construction in the United States (7 U.S.C. 7655c) and administer the Wood Innovation Grant program (7 U.S.C. 7655d).

(65)Furnish subsistence to employees without consideration as, or deduction from, the compensation of such employees where warranted by emergency conditions connected with the work of the Forest Service (7 U.S.C. 2228). Subpart K—Delegations of Authority by the Under Secretary for Research, Education, and Economics 19. Amend § 2.65 by adding paragraph (a)(10) to read as follows: § 2.65 Administrator, Agricultural Research Service.

(a)* * *

(10)Administer an experienced services program to obtain technical, professional, and administrative services to support the research, education, and economics mission area of the Department (16 U.S.C. 3851). 20. Amend § 2.67 by adding paragraph (a)(3) to read as follows: § 2.67 Administrator, Economic Research Service.

(a)* * *

(3)Administer an experienced services program to obtain technical, professional, and administrative services to support the research, education, and economics mission area of the Department (16 U.S.C. 3851). 21. Amend § 2.68 by adding paragraph (a)(15) to read as follows: § 2.68 Administrator, National Agricultural Statistics Service.

(a)* * *

(15)Administer an experienced services program to obtain technical, professional, and administrative services to support the research, education, and economics mission area of the Department (16 U.S.C. 3851). Subpart P—Delegations of Authority by the Assistant Secretary for Administration 22. Amend § 2.94 by revising paragraph

(a)introductory text to read as follows: § 2.94 Chief Security Director, Office of Safety, Security, and Protection.

(a)Delegations from the Assistant Secretary for Administration. Pursuant to § 2.24(a)(11), and with due deference for delegations to other Departmental Administration officials, the following delegations of authority are made by the Assistant Secretary for Administration to the Chief Security Director: 23. Revise § 2.95 to read as follows: § 2.95 Executive Director, Office of Homeland Security.

(a)Delegations from the Secretary. Pursuant to 7 U.S.C. 6922, Executive Order (E.O.) 10450, “Security Requirements for Government Employment,” 18 FR 2489, 3 CFR, 1953 Comp., p. 72, as amended; E.O. 12968, “Access to Classified Information,” 60 FR 40245, 3 CFR, 1995 Comp., p. 391; E.O. 13526, “Classified National Security Information,” 75 FR 707, 3 CFR, 2010 Comp., p. 298; E.O. 13587, “Structural Reforms to Improve the Security of Classified Networks and Responsible Sharing and Safeguarding of Classified Information,” 76 FR 63811, 3 CFR, 2012 Comp., p. 276, and 5 CFR part 732, and with due deference for delegations to other Departmental Administration officials, the following delegations of authority are made by the Secretary to the Executive Director, Office of Homeland Security, pursuant to the Executive Director's responsibilities as the Departmental National Security Programs Officer and Senior Official for Insider Threat, as designated by the Secretary:

(1)Manage the personnel security functions of the Department for making eligibility determinations for individuals who require initial or continued eligibility (SEAD 6, Continuous Evaluation, or its successor) for access to classified information or eligibility to hold a sensitive position in accordance with Security Executive Agent Directive

(SEAD)4, National Security Adjudicative Guidelines, or its successor; sponsoring access to Sensitive Compartmented Information (SCI); and suspending, denying, or revoking access to national security information (E.O. 12968 “Access to Classified Information”, as amended), notwithstanding the Secretary's authority to remove an employee for national security reasons as outlined in 5 U.S.C. 7532.

(2)Manage the personnel security functions of the Department's suitability program for individuals holding Public Trust positions (positions designated as Moderate or High Risk) established pursuant to 5 CFR part 731 and E.O. 13488, “Granting Reciprocity on Excepted Service and Federal Contractor Employee Fitness and Reinvestigating Individuals in Positions of Public Trust” (74 FR 4111, 3 CFR, 2010 Comp., p. 189), as amended, to make initial or continued suitability determinations.

(3)Manage, coordinate, develop, and promulgate policies and training regarding personnel security, and serve as USDA's personnel security liaison to the Office of Personnel Management (OPM), who serves as the Suitability Executive Agent (SuitEA) and the Office of the Director of National Intelligence (ODNI), who serves as the Security Executive Agent (SecEA).

(4)Review and develop recommendations on classifying, declassifying, and safeguarding national security information for which the Secretary is responsible as Original Classification Authority.

(5)Establish, direct, and maintain an Insider Threat program to deter, detect, and mitigate insider threats in accordance with the National Insider Threat Policy and Minimum Standards for Executive Branch Insider Threat Programs, November 21, 2012, and subsequent guidance from the National Insider Threat Task Force (NITTF).

(b)Delegations from the Assistant Secretary for Administration. Pursuant to § 2.24(a)(8), and with due deference for delegations to other Departmental Administration officials, the following delegations of authority are made by the Assistant Secretary for Administration to the Executive Director, Office of Homeland Security:

(1)Serve as the principal advisor to the Secretary on national security, including emergency management, agriculture and food defense, and foreign investments in U.S. agriculture.

(2)Coordinate activities of the Department, including policies, processes, budget needs, and oversight relating to national security, including emergency management, biodefense, agriculture and food defense, and foreign investments in U.S. agriculture.

(3)Act as the primary liaison on behalf of the Department with other Federal departments and agencies in activities relating to national security, including emergency management, integrated laboratory networks, agriculture and food defense, foreign investments in U.S. agriculture, national intelligence collection priorities, and interagency coordination and data sharing.

(4)Coordinate in the Department the gathering of information relevant to early warning and awareness of threats and risks to the food and agriculture critical infrastructure sector; and share that information with, and provide assistance with interpretation and risk characterization of that information to, the intelligence community (as defined in 5 U.S.C. 3003), law enforcement agencies, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Health and Human Services, and State fusion centers (as defined in section 210A(j) of the Homeland Security Act of 2002 (6 U.S.C. 124h(j)).

(5)Establish and maintain an effective defensive Counterintelligence Program to counter Foreign Intelligence Entity

(6)Liaise with the Intelligence Community to assist in the development of periodic assessments and intelligence estimates, or other intelligence products, that support the defense of the food and agriculture critical infrastructure sector and risks associated with foreign investments in U.S. agriculture.

(7)Coordinate the conduct, evaluation, and improvement of exercises to identify and eliminate gaps in preparedness and response.

(8)Produce a Department-wide centralized strategic coordination plan to provide a high-level perspective of the operations of the Department relating to homeland and national security, including emergency management and agriculture and food defense.

(9)Establish and carry out an interagency Agriculture and Food Threat Awareness Partnership Program, including by entering into cooperative agreements or contracts with Federal, State, or local authorities (7 U.S.C. 6922).

(10)Administer the Department's Emergency Preparedness Program. This includes:

(i)Coordinate the delegations and assignments made to the Department under the Defense Production Act of 1950, 50 U.S.C. App. 2061, *et seq.* ; the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121, *et seq.* ; and by Executive Orders 12148, “Federal Emergency Management” (3 CFR, 1979 Comp., p. 412), 12656, “Assignment of Emergency Preparedness Responsibilities” (3 CFR, 1988 Comp., p. 585), and 13603, “National Defense Resources Preparedness” (3 CFR, 2012 Comp., p. 225), or any successor to these Executive Orders, to ensure that the Department has sufficient capabilities to respond to any occurrence, including natural disaster, military attack, technological emergency, or any all hazards incident.

(ii)Manage the Department Emergency Operations Center at Headquarters and the Secretary's alternative facilities; provide senior staff with international, national, and regional situational awareness reports; and provide and maintain current information systems technology and National Security Systems to support USDA executive crisis management capability.

(iii)Provide facilities and equipment to facilitate inter-agency coordination during emergencies.

(iv)Activate the USDA incident management system in accordance with the National Response Framework and the National Incident Management System in the event of a major incident; and provide oversight and coordination of the Department's Emergency Support Functions as outlined in the National Response Framework.

(v)Develop and promulgate policies for the Department regarding emergency preparedness and national security, including matters relating to anti-terrorism and agriculture-related emergency preparedness planning, both national and international, and guidance to USDA State and County Emergency Boards.

(vi)[Reserved]

(vii)Provide representation and liaison for the Department in contacts with other Federal entities and organizations, including the National Security Council's functional directorates, Homeland Security Council, Office of Management and Budget, Department of Homeland Security, Federal Emergency Management Agency, Office of the Director of National Intelligence, Department of State, Federal Bureau of Investigation, and Department of Defense concerning matters of a national security, multilateral weapons conventions, natural disasters, other emergencies, and agriculture/food-related international civil emergency planning and related activities.

(viii)Act as the primary USDA representative for anti-terrorism activities and coordinates and oversees USDA's agroterrorism defense activities and programs.

(ix)[Reserved]

(x)Provide guidance and direction regarding radiological emergency preparedness programs and the implementation of the National Response Framework's Nuclear/Radiological Incident Annex to Departmental staff offices, mission areas, and agencies.

(xi)Provide program leadership and coordination for USDA's radiological emergency preparedness requirements with respect to Emergency Management and Assistance (44 CFR parts 350 through 352).

(xii)Represent USDA on the Federal Radiological Preparedness Coordinating Committee (FRPCC) and Regional Assistance Committees

(RACs)and assist them in carrying out their functions.

(xiii)Support USDA in its management of the Department's emergency response program with respect to radiological emergency response activities.

(xiv)[Reserved]

(11)Administer the Controlled Unclassified Information

(CUI)program for the Department pursuant to E.O. 13556, “Controlled Unclassified Information” (75 FR 68675, 3 CFR, 2011 Comp., p. 267) and 32 CFR part 2002.

(12)Serve as the primary point of contact for Government Accountability Office

(GAO)and Office of the Inspector General

(OIG)audits of USDA homeland and national security activities.

(13)Coordinate interaction between Department agencies and private sector businesses and industries in emergency planning and public education under Department authorities delegated or assigned under the National Response Framework, National Infrastructure Protection Plan, Defense Production Act of 1950, 50 U.S.C. App. 2061, *et seq.,* and Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121, *et seq.*

(14)Oversee the Department's ability to collect and disseminate information and prepare for an agricultural disease emergency, agroterrorism act, or other threat to agricultural biosecurity, and coordinate such activities among agencies and offices within the Department (7 U.S.C. 8912).

(15)Promulgate Departmental policies, standards, techniques, and procedures and represent the Department in providing security guidance to the Food and Agricultural Sector nationwide. This includes the following duties:

(i)Provide guidance to USDA agencies and the Food and Agricultural Sector in matters of security through use of assessments and development of mitigation strategies.

(ii)Represent and act as liaison for the Department in contacts with other Federal security entities and organizations, including the Interagency Security Committee and the Department of Homeland Security.

(iii)Provide guidance and direction to ensure agriculture/food security are fully integrated in USDA's security preparations, which are reported to and coordinated with the White House.

(iv)Provide assistance to the USDA agencies in preparation for and during a disaster to identify critical assets and possible alternate storage locations.

(16)Provide oversight and coordination of the development and administration of the Department Continuity Program. This includes:

(i)Provide guidance and direction regarding continuity of operations to the Office of the Secretary, Departmental staff offices, mission areas, and agencies.

(ii)Represent and act as liaison for the Department in contacts with other Federal entities and organizations concerning matters of assigned continuity program responsibilities.

(iii)Oversee Department continuity of operations and emergency relocation facility planning, development, equipping, and preparedness to ensure that resources are in a constant state of readiness.

(17)Establish procedures to prevent unnecessary access to classified national security information

(i)Direct and administer USDA's CNSI program pursuant to E.O. 13526, “Classified National Security Information” (75 FR 707, 3 CFR, 2010 Comp., p. 298), or subsequent orders.

(ii)Establish and maintain Information Security policies and procedures for classifying, declassifying, safeguarding, and disposing of CNSI and materials.

(iii)Investigate or delegate authority to investigate any potential compromises of CNSI and take corrective action for violations or infractions under section 5.5(b), of E.O. 13526 or any subsequent order.

(iv)Develop and maintain oversight of all facilities throughout USDA where CNSI is or will be safeguarded, discussed, or processed including sole authority to liaison with the Central Intelligence Agency concerning guidance, approval, requirements, and oversight of USDA secure facilities.

(18)Control within USDA the acquisition, use, and disposal of material and equipment that can be a source of ionizing radiation.

(i)Promulgate policies and procedures for ensuring the safety of USDA employees, the public, and the environment resulting from USDA's use of ionizing radiation sources.

(ii)Maintain and ensure compliance with the Nuclear Regulatory Commission regulations (Title 10, Code of Federal Regulations) and license(s) issued to USDA for the acquisition, use, and disposal of radioactive materials. § 2.97 [Removed and Reserved] 24. Remove and reserve § 2.97. Subpart U—Delegations of Authority by the Under Secretary for Trade and Foreign Agricultural Affairs 25. Revise § 2.600 to read as follows: § 2.600 Deputy Under Secretary for Trade and Foreign Agricultural Affairs Pursuant to § 2.15(a), subject to reservations in § 2.15(b), and subject to policy guidance and direction by the Under Secretary, the following delegation of authority is made to the Deputy Under Secretary for Trade and Foreign Agricultural Affairs, if appointed, to be exercised only during the absence or unavailability of the Under Secretary: Perform all the duties and exercise all the powers which are now or which may hereafter be delegated to the Under Secretary for Trade and Foreign Agricultural Affairs: Provided, that this authority shall be exercised by the respective Deputy Under Secretary in the order in which he or she has taken office as a Deputy Under Secretary. 26. Amend § 2.601 by revising paragraph

(a)introductory text and paragraph (a)(2) to read as follows: § 2.601 Administrator, Foreign Agricultural Service.

(a)*Delegations.* Pursuant to § 2.15(a)(1) and (3), subject to reservations in § 2.15(b), the following delegations of authority are made by the Under Secretary for Trade and Foreign Agricultural Affairs to the Administrator, Foreign Agricultural Service:

(2)Conduct functions of the Department relating to WTO, the Trade Expansion Act of 1962 (19 U.S.C. 1801 *et seq.* ), the Trade Act of 1974 (19 U.S.C. 2101 *et seq.* ), the Trade Agreements Act of 1979 (19 U.S.C. 2501 *et seq.* ), the Omnibus Trade and Competition Act of 1988 (19 U.S.C. 2901 *et seq.* ), and other legislation affecting international agricultural trade including the programs designed to reduce foreign tariffs and other trade barriers. § 2.602 [Amended] 27. In § 2.602 amend paragraph

(a)introductory text by revising the references to “§ 2.26(a)(5)” to read “§ 2.15(a)(5)” and “§ 2.26(b)” to read “2.15(b)”. Subpart V—Delegations of Authority by the Director, Office of Partnerships and Public Engagement § 2.701 [Removed and Reserved] 28. Remove and reserve § 2.701. The Secretary of Agriculture, Thomas J. Vilsack, having reviewed and approved this document, is delegating the authority to electronically sign this document to Janie S. Hipp, the General Counsel, for purposes of publication in the **Federal Register** . Janie S. Hipp, General Counsel. [FR Doc. 2022-15742 Filed 7-25-22; 8:45 am]

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