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. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

10755 

Vol. 76, No. 39 

Monday, February 28, 2011 

MERIT SYSTEMS PROTECTION 

BOARD 

5 CFR Part 1206 

Practices and Procedures, Board 

Meetings 

AGENCY: Merit Systems Protection 

Board. 

ACTION: Final rule. 

SUMMARY: The Merit Systems Protection 

Board (MSPB or the Board) is amending 

its open meeting regulations to ensure 

consistency with the Government in the 

Sunshine Act. 

DATES: The effective date of this final 

rule is February 28, 2011. 

FOR FURTHER INFORMATION CONTACT: 

William D. Spencer, Clerk of the Board, 

Merit Systems Protection Board, 1615 M 

Street, NW., Washington, DC 20419; 

(202) 653–7200, fax: (202) 653–7130, or 

e-mail: mspb@mspb.gov. 

SUPPLEMENTARY INFORMATION: On 

November 18, 2010, the Board 

published a proposed rule in which 

several proposed amendments to 5 CFR 

1206.7 were set forth (75 FR 70617). 

Interested parties were invited to submit 

comments. No comments were received. 

This final rule implements the changes 

to 5 CFR 1206.7 offered in the Proposed 

Rule without alteration. 

The Final Rule 

This final rule makes several 

amendments to 5 CFR 1206.7. The 

heading for § 1206.7 is revised to more 

fully advise the reader of matters 

addressed therein. Paragraph (a)(1) is 

added to make clear that the Board may, 

instead of maintaining a transcript or 

electronic recording, maintain a set of 

minutes of a meeting closed pursuant to 

section (10) of 5 U.S.C. 552b(c). This 

revised section also sets forth the 

information that must be included in a 

set of minutes. Paragraph (a)(2) states 

the Board’s responsibility to promptly 

make available to the public copies of 

transcripts, recordings, or minutes of 

closed meetings, except where the 

Board determines that such information 

may be withheld pursuant to 5 U.S.C. 

552b(c). Paragraph (a)(3) addresses the 

Board’s responsibility to retain copies of 

transcripts, recordings, or minutes of 

closed meetings. Paragraph (b) of 5 CFR 

1206.7 is unchanged by this final rule. 

List of Subjects in 5 CFR Part 1206 

Administrative practice and 

procedure, Board meetings. 

Accordingly, the Board amends 5 CFR 

part 1206 as follows: 

PART 1206—[AMENDED] 

■ 1. The authority citation for 5 CFR 

part 1206 continues to read: 

Authority: 5 U.S.C. 552b. 

■ 2. Revise § 1206.7 to read as follows: 

§ 1206.7 Transcripts, recordings, or 

minutes of open and closed meetings; 

public availability; retention. 

(a) Closed Meetings. (1) For every 

meeting, or portion thereof, closed 

pursuant to this part the presiding 

officer shall prepare a statement setting 

forth the time and place of the meeting 

and the persons present, which 

statement shall be retained by the 

Board. For each such meeting, or 

portion thereof, the Board shall 

maintain a copy of the General 

Counsel’s certification under § 1206.6(b) 

of this part, a statement from the 

presiding official specifying the time 

and place of the meeting and naming 

the persons present, a record (which 

may be part of the transcript) of all votes 

and all documents considered at the 

meeting, and a complete transcript or 

electronic recording of the proceedings, 

except that for meetings or portions of 

meetings closed pursuant to section (10) 

of 5 U.S.C. 552b(c), the Board may 

maintain either a transcript, electronic 

recording, or a set of minutes. In lieu of 

a transcript or electronic recording, a set 

of minutes shall fully and accurately 

summarize any action taken, the reasons 

therefore and views thereon, documents 

considered and the members’ vote on 

each roll call vote, if any. 

(2) The Board shall make promptly 

available to the public copies of 

transcripts, recordings, or minutes 

maintained as provided in accordance 

with this paragraph (a), except to the 

extent the items therein contain 

information which the Board 

determines may be withheld pursuant to 

the provisions of 5 U.S.C. 552b(c). 

Copies of transcripts or minutes, or 

transcriptions of electronic recordings 

including the identification of speakers, 

shall to the extent determined to be 

publicly available, be furnished to any 

person, subject to the payment of 

duplication costs or the actual cost of 

transcription. 

(3) The Board shall maintain a 

complete verbatim copy of the 

transcript, a complete copy of the 

minutes, or a complete electronic 

recording of each meeting, or portion of 

a meeting, closed to the public, for a 

period of at least two (2) years after such 

meeting or until one (1) year after the 

conclusion of any Board proceeding 

with respect to which the meeting or 

portion was held whichever occurs 

later. 

(b) Open Meetings. Transcripts or 

other records will be made of all open 

meetings of the Board. Those records 

will be made available upon request at 

a fee representing the Board’s actual 

cost of making them available. 

William D. Spencer, 

Clerk of the Board. 

[FR Doc. 2011–4317 Filed 2–25–11; 8:45 am] 

BILLING CODE 7400–01–P 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

7 CFR Part 2 

Establishment of Office of the Chief 

Scientist; Revision of Delegations of 

Authority 

AGENCY: Office of the Secretary, USDA. 

ACTION: Final rule. 

SUMMARY: This document amends the 

delegations of authority within the 

Department of Agriculture (USDA) to 

reflect the establishment of the Office of 

the Chief Scientist within the Research, 

Education, and Economics (REE) 

mission area of USDA, and to identify 

the authorities of the Under Secretary 

for REE (Chief Scientist of the 

Department) and the Director of the 

Office of the Chief Scientist with respect 

to scientific integrity within USDA and 

the coordination of agricultural 


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10756 Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Rules and Regulations 

research, education, and extension 

programs and activities. 

DATES: This rule is effective February 

28, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Chavonda Jacobs-Young, Director, 

Office of the Chief Scientist, United 

States Department of Agriculture, 1400 

Independence Ave., SW., Washington, 

DC 20250, or telephone: (202) 720–3444. 

SUPPLEMENTARY INFORMATION: 

Establishment of the Office of the Chief 

Scientist 

On March 16, 2010, the Secretary of 

Agriculture (Secretary) established the 

Office of the Chief Scientist (OCS) 

within the Research, Education, and 

Economics (REE) mission area of USDA. 

For further information, see Secretary’s 

Memorandum 1066–001, 

‘‘Establishment of the Office of the Chief 

Scientist.’’ OCS exists to provide 

leadership and coordination to ensure 

that research supported by and 

scientific advice provided to USDA and 

external stakeholders are held to the 

highest standards of intellectual rigor 

and scientific integrity. OCS also assists 

the Under Secretary for REE in 

coordinating the agricultural research, 

education, and extension activities of 

the Department through a series of 

divisions focused on renewable energy, 

natural resources, and environment; 

food safety, nutrition, and health; plant 

health and production and plant 

products; animal health and production 

and animal products; agricultural 

systems and technology; and 

agricultural economics and rural 

communities. 

OCS is headed by a Director that 

reports to the Under Secretary for REE. 

Pursuant to section 251(c) of the 

Department of Agriculture 

Reorganization Act of 1994 

(Reorganization Act) (7 U.S.C. 6971(c)), 

as amended by section 7511 of the Food, 

Conservation, and Energy Act of 2008, 

Public Law 110–246, the Under 

Secretary for REE also holds the title of 

Chief Scientist of the Department (Chief 

Scientist). 

This rule amends the delegations of 

authority in 7 CFR 2.21 to reflect that 

the Under Secretary for REE, as the 

Chief Scientist, is delegated primary 

responsibility for ensuring that research 

and scientific advice are held to the 

highest standards of intellectual rigor 

and scientific integrity. The Under 

Secretary for REE, as the Chief Scientist, 

is also responsible for coordinating the 

agricultural research, education, and 

extension activities of the Department 

pursuant to sections 251(c)(2) and 

251(d)(2) of the Reorganization Act (7 

U.S.C. 6971(c)(2), (d)(2)). This rule also 

adds a new 7 CFR 2.69 to reflect the 

establishment of OCS and to delegate to 

the Director of OCS the authority to 

assist the Chief Scientist in carrying out 

its responsibilities. 

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 12988. This action is not a 

rule as defined by the Regulatory 

Flexibility Act, Public Law 96–354, and 

the Small Business Regulatory Fairness 

Enforcement Act, 5 U.S.C. 801 et seq., 

and thus is exempt from the provisions 

of those Acts. This rule contains no 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 7 CFR Part 2 

Authority delegations (Government 

agencies). 

Accordingly, Subtitle A of Title 7 of 

the Code of Federal Regulations is 

amended as set forth below: 

PART 2—DELEGATIONS OF 

AUTHORITY BY THE SECRETARY OF 

AGRICULTURE AND GENERAL 

OFFICERS OF THE DEPARTMENT 

■ 1. The authority citation for Part 2 

continues to read as follows: 

Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C. 

301; Reorganization Plan No. 2 of 1953, 3 

CFR 1949–1953 Comp., p. 1024. 

Subpart C—Delegations of Authority to 

the Deputy Secretary, the Under 

Secretaries, and Assistant Secretaries 

for Congressional Relations and 

Administration 

■ 2. Amend § 2.21 as follows: 

■ a. Revise paragraph (a) introductory 

text and the heading of paragraph (a)(1); 

and 

■ b. Add new paragraphs (a)(11) and 

(a)(12), to read as follows: 

§ 2.21 Under Secretary for Research, 

Education, and Economics. 

(a) The following delegations of 

authority are made by the Secretary of 

Agriculture to the Under Secretary for 

Research, Education, and Economics 

(who holds the title of Chief Scientist of 

the Department). 

(1) Related to research, extension, and 

education. * * * 

* * * * * 

(11) Related to scientific integrity. 

(i) Provide to the Secretary information 

on topics that can benefit from scientific 

input to ensure informed decisionmaking at the highest levels of 

Government. 

(ii) Facilitate the coordination and 

collaboration within the Department on 

high priority science issues that will 

benefit from intra-Departmental 

collaboration, including coordinating 

the assessment of the relevance, quality, 

performance, and impact of the 

Department’s efforts in science. 

(iii) Build partnerships within the 

scientific community by serving as a 

point of contact for interactions with 

other agencies of science, universities, 

and other external members of the 

scientific community for the purpose of 

leveraging and promoting relationships 

to explore common scientific interests 

and shared goals. 

(iv)Develop mechanisms to address 

scientific integrity within the 

Department. 

(v) Serve as Chair of the USDA 

Science Council. 

(12) Related to coordination of 

agricultural research, education, and 

extension programs and activities. 

Coordinate the agricultural research, 

education, and extension activities of 

the Department pursuant to sections 

251(c)(2) and 251(d)(2) of the 

Department of Agriculture 

Reorganization Act of 1994 (7 U.S.C. 

6971(c)(2), (d)(2)). 

* * * * * 

Subpart K—Delegations of Authority 

by the Under Secretary for Research, 

Education, and Economics 

■ 3. Add a new § 2.69 to subpart K, to 

read as follows: 

§ 2.69 Director, Office of the Chief 

Scientist. 

(a) Delegations. Pursuant to 

§ 2.21(a)(11) and (a)(12), the following 

delegations of authority are made by the 

Under Secretary for Research, 

Education, and Economics to the 

Director, Office of the Chief Scientist. 

(1) Provide to the Under Secretary 

(Chief Scientist of the Department) 

information on topics that can benefit 

from scientific input to ensure informed 

decision-making at the highest levels of 

Government. 

(2) Assist the Chief Scientist with 

facilitating the coordination and 

collaboration within the Department on 

high priority science issues that will 

benefit from intra-Departmental 


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Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Rules and Regulations 10757 

collaboration, including coordinating 

the assessment of the relevance, quality, 

performance, and impact of the 

Department’s efforts in science. 

(3) Assist the Chief Scientist with 

building partnerships within the 

scientific community and with the Chief 

Scientist’s role as point of contact for 

interactions with other agencies of 

science, universities, and other external 

members of the scientific community for 

the purpose of leveraging and promoting 

relationships to explore common 

scientific interests and shared goals. 

(4) Assist the Chief Scientist with 

developing mechanisms to address 

scientific integrity within the 

Department. 

(5) [Reserved] 

(6) Assist the Chief Scientist in 

carrying out sections 251(c)(2) and 

251(d)(2) of the Department of 

Agriculture Reorganization Act of 1994 

(7 U.S.C. 6971(c)(2), (d)(2)) by exercising 

the duties set forth in section 25 

l(e)(3)(E) of that Act (7 U.S.C. 

6971(e)(3)(E)) through a series of 

divisions organized by the following 

focus areas: 

(i) Renewable energy, natural 

resources, and environment; 

(ii) Food safety, nutrition, and health; 

(iii) Plant health and production and 

plant products; 

(iv) Animal health and production 

and animal products; 

(v) Agricultural systems and 

technology; and 

(vi) Agricultural economics and rural 

communities. 

(b) The divisions will be headed by 

Division Chiefs/Senior Advisors (or a 

similar title), and will be known 

collectively as the Research, Education, 

and Extension Office. 

Thomas J. Vilsack, 

Secretary of Agriculture. 

[FR Doc. 2011–4128 Filed 2–25–11; 8:45 am] 

BILLING CODE 3410–90–M 

POSTAL SERVICE 

39 CFR Parts 111 and 121 

Combined Mailings of Standard Mail 

and Periodicals Flats 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM®) 705.14 and 708.1.1 to provide 

a new option for mailers to combine 

Standard Mail® flats and Periodicals 

flats within the same bundle, when 

placed on pallets, and to combine 

bundles of Standard Mail flats and 

bundles of Periodicals flats on the same 

pallet. The Postal Service is also 

amending the Code of Federal 

Regulations to reflect that the Standard 

Mail service standards apply to all 

Periodicals flats pieces entered in such 

combined mailings. 

DATES: Effective Date: June 6, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Leon at 202–268–7443, or 

Kevin Gunther at 202–268–7208. 

SUPPLEMENTARY INFORMATION: The Postal 

Service is providing a new option for 

mailers to combine Standard Mail flats 

and Periodicals flats, when bundled and 

placed on pallets. Mailers using this 

option may combine different-class 

mailpieces within the same bundle 

(comail), or combine separate sameclass bundles (of different classes) on 

the same pallet (copalletize) to 

maximize presorting or to qualify for 

deeper destination entry discounts. All 

mailpieces prepared under this option 

are required to be bundled and placed 

on pallets. Combining mailings 

enhances operational efficiencies within 

postal processing by allowing mailers to 

place mailpieces in bundles on pallets 

that might have been placed in sacks if 

prepared separately. 

This new option does not change 

current DMM content and eligibility 

standards applicable to Periodicals and 

Standard Mail. Mailers using this option 

must continue to be required to meet the 

minimum volume standards for 

Standard Mail of 200 pieces or 50 

pounds. Periodicals publications must 

be authorized or have a pending 

authorization to mail at Periodicals 

prices. The current processes that 

identify and isolate Periodicals origin 

mixed area distribution center (OMX) 

mailpieces, for integration into the FirstClass Mail® mailstream, will not be 

available when combining Standard 

Mail flats and Periodicals flats on 

pallets. All mailpieces included in a 

combined mailing of Standard Mail and 

Periodicals flats on pallets must be 

machinable in accordance with DMM 

301.3.0. 

Mailers wishing to combine Standard 

Mail and Periodicals flats under this 

option are required to submit a request 

for authorization, in writing, to the 

Manager, Business Mailer Support (see 

DMM 608.8.1 for contact information). 

All mailpieces included in a 

combined mailing of Periodicals flats 

and Standard Mail flats are required to 

meet the standards for full-service 

automation mailings. Intelligent Mail®

barcodes placed on mailpieces prepared 

under this program are required to 

include Service Type Identifiers 

appropriate for the class of mail of the 

individual mailpiece. 

Participating mailers are required to 

present standardized electronic mailing 

documentation for each combined 

mailing, and at the time of mailing, the 

following additional documentation: 

• An edition or version summary for 

all pieces in the mailing. 

• A consolidated postage statement 

register and postage statement for each 

Periodicals publication in the combined 

mailing. 

• A consolidated postage statement 

register and postage statement for each 

Standard Mail mailing in the combined 

mailing. Mailers may provide a single 

consolidated postage statement and 

postage statement register of all 

Standard Mail mailings if they are 

itemized. 

• A register of Forms 8125, Plant 

Verified Drop Shipment (PVDS) 

Verification and Clearance, (PS 8125C) 

that consolidates all of the mailings to 

the destinations where the mail is 

entered. 

When using this option, postage on all 

Standard Mail pieces must be paid 

through a permit imprint using a special 

postage payment system at the Post 

OfficeTM serving the mailer. 

Postage for Periodicals may be paid 

through an advance deposit account or 

through a Centralized Account Payment 

System (CAPS) account. Participating 

mailers will be required to apportion the 

Periodicals bundle charge based on the 

number of Periodicals copies in the 

bundles and container charge based on 

the weight of the Periodicals portion of 

the container. 

Mailers combining Standard Mail flats 

and Periodicals flats will not have the 

option to form ADC pallets or to 

dropship to ADCs. As a result, 

Periodicals publications included in 

combined mailings will not have access 

to DADC prices. Other specific prices 

for Periodicals flats in a combined 

mailing will be assessed as follows: 

• The bundle prices applicable to the 

ADC container level will be applied to 

the ASF/NDC container level. 

• The container prices applicable to 

the ADC pallet level will apply to the 

ASF/NDC pallet level. 

• The bundle price applicable to the 

ADC bundle placed on the ADC 

container level will apply to mixed ADC 

bundles placed on mixed NDC pallets. 

• The container price applicable to 

the ADC pallet level will also apply to 

the mixed NDC pallet level. 

Standard Mail flats and Periodicals 

flats combined on pallets will be 

processed as Standard Mail; and the 

Periodicals mailpieces included within 

these combined mailings may receive 


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