Rule2022-15742
Delegations of Authority
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 26, 2022
Effective
July 26, 2022
Issuing agencies
Agriculture Department
Abstract
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.
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[Federal Register Volume 87, Number 142 (Tuesday, July 26, 2022)]
[Rules and Regulations]
[Pages 44265-44273]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15742]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 87, No. 142 / Tuesday, July 26, 2022 / Rules
and Regulations
[[Page 44265]]
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.
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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, <a href="/cdn-cgi/l/email-protection#8de0e8e1e4fefeeca3e0eeeee1e8e1e1ece3cdf8fee9eca3eae2fb"><span class="__cf_email__" data-cfemail="f79a929b9e848496d99a94949b929b9b9699b782849396d9909881">[email protected]</span></a>.
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 <a href="https://www.ocio.usda.gov/document/secretarys-memorandum-1077-002">https://www.ocio.usda.gov/document/secretarys-memorandum-1077-002</a>. The rule relocates the delegations of authority to
the Director of OTR from Sec. 2.701 in Subpart V to Sec. 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
<a href="https://www.ocio.usda.gov/document/secretarys-memorandum-1076-036">https://www.ocio.usda.gov/document/secretarys-memorandum-1076-036</a>.
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 Sec. 2.15 to reserved Sec. 2.14, moves the delegations
of authority to the Under Secretary for Trade and Foreign Agricultural
Affairs (TFAA) from Sec. 2.26 to Sec. 2.15, and moves the delegations
of authority to the Director of OES from Sec. 2.97 to Sec. 2.26. This
rule moves Sec. 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
Sec. Sec. 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 <a href="https://www.ocio.usda.gov/document/secretarys-memorandum-1076-030">https://www.ocio.usda.gov/document/secretarys-memorandum-1076-030</a>.
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
[[Page 44266]]
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 Sec.
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 Sec. 2.95 and the
related delegations to the Assistant Secretary for Administration (ASA)
in Sec. 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 <a href="https://www.ocio.usda.gov/document/secretarys-memorandum-1076-037">https://www.ocio.usda.gov/document/secretarys-memorandum-1076-037</a>.
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 <a href="https://www.ocio.usda.gov/document/secretarys-memorandum-1077-003">https://www.ocio.usda.gov/document/secretarys-memorandum-1077-003</a>.
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
0
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 Sec. 1.131
0
2. Amend Sec. 1.131(a) by adding a statutory provision to the list in
alphabetical order to read as follows:
Sec. 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
0
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]
0
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
Sec. 2.15 [Redesignated]
0
5. Redesignate Sec. 2.15 as Sec. 2.14.
Sec. 2.26 [Redesignated]
0
6. Redesignate Sec. 2.26 as Sec. 2.15.
0
7. Amend the newly redesignated Sec. 2.15 by revising paragraphs
(a)(1)(iv) and removing and reserving paragraph (a)(1)(vii)(F) to read
as follows:
Sec. 2.15 Under Secretary for Trade and Foreign Agricultural Affairs.
(a) * * *
[[Page 44267]]
(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.
* * * * *
0
8. Amend Sec. 2.16 by revising paragraphs (a)(1)(xxviii)(B) and
(a)(12) to read as follows:
Sec. 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).
* * * * *
0
9. Amend Sec. 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:
Sec. 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).
* * * * *
Sec. 2.22 [Amended]
0
10. In Sec. 2.22, revise all references to ``Sec. 2.26(a)(1)(x)'' to
read ``Sec. 2.15(a)(1)(x)''.
0
11. Amend Sec. 2.24 by:
0
a. Revising paragraph (a)(8);
0
b. Removing and reserving paragraphs (a)(9)(iii) and (a)(10); and
0
c. Revising paragraph (a)(11).
The revisions read as follows:
Sec. 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
[[Page 44268]]
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.
[[Page 44269]]
(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
0
12. Add Sec. 2.26 to read as follows:
Sec. 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]
0
13. Amend Sec. 2.30 by adding paragraph (a)(9) to read as follows:
Sec. 2.30 Director, Office of Budget and Program Analysis.
(a) * * *
(9) Administer the Departmental forms, reports, and directives
management programs.
* * * * *
0
14. Amend Sec. 2.31 by adding paragraph (d) to read as follows:
Sec. 2.31 General Counsel.
* * * * *
(d) Related to records management. Administer the Departmental
records management program.
* * * * *
Sec. 2.38 [Amended]
0
15. Amend Sec. 2.38 by removing and reserving paragraph (a)(2).
0
16. Add Sec. 2.39 to read as follows:
Sec. 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.
0
17. Amend Sec. 2.42 by removing and reserving paragraph (a)(42) and
revising paragraph (a)(50)(ii) to read as follows:
Sec. 2.42 Administrator, Farm Service Agency.
(a) * * *
[[Page 44270]]
(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
0
18. Amend Sec. 2.60 by revising paragraphs (a)(3) and (a)(64), adding
paragraph (a)(65), and removing paragraph (b)(6) to read as follows:
Sec. 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
0
19. Amend Sec. 2.65 by adding paragraph (a)(10) to read as follows:
Sec. 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).
* * * * *
0
20. Amend Sec. 2.67 by adding paragraph (a)(3) to read as follows:
Sec. 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).
* * * * *
0
21. Amend Sec. 2.68 by adding paragraph (a)(15) to read as follows:
Sec. 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
0
22. Amend Sec. 2.94 by revising paragraph (a) introductory text to
read as follows:
Sec. 2.94 Chief Security Director, Office of Safety, Security, and
Protection.
(a) Delegations from the Assistant Secretary for Administration.
Pursuant to Sec. 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:
* * * * *
0
23. Revise Sec. 2.95 to read as follows:
Sec. 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
[[Page 44271]]
(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 Sec. 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
(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.
(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
[[Page 44272]]
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 (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:
(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.
Sec. 2.97 [Removed and Reserved]
0
24. Remove and reserve Sec. 2.97.
Subpart U--Delegations of Authority by the Under Secretary for
Trade and Foreign Agricultural Affairs
0
25. Revise Sec. 2.600 to read as follows:
Sec. 2.600 Deputy Under Secretary for Trade and Foreign Agricultural
Affairs
Pursuant to Sec. 2.15(a), subject to reservations in Sec.
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.
0
26. Amend Sec. 2.601 by revising paragraph (a) introductory text and
paragraph (a)(2) to read as follows:
Sec. 2.601 Administrator, Foreign Agricultural Service.
(a) Delegations. Pursuant to Sec. 2.15(a)(1) and (3), subject to
reservations in Sec. 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.
* * * * *
Sec. 2.602 [Amended]
0
27. In Sec. 2.602 amend paragraph (a) introductory text by revising
the references to ``Sec. 2.26(a)(5)'' to read ``Sec. 2.15(a)(5)'' and
``Sec. 2.26(b)'' to read ``2.15(b)''.
* * * * *
[[Page 44273]]
Subpart V--Delegations of Authority by the Director, Office of
Partnerships and Public Engagement
* * * * *
Sec. 2.701 [Removed and Reserved]
0
28. Remove and reserve Sec. 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]
BILLING CODE 3410-90-P
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</html>Indexed from Federal Register on July 26, 2022.
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