Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations 80073 

Cite Title 

2 CFR parts 200 and 300 ............... Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 

* * * * * * * 

§ 1303.12 [Amended] 

■ 206. Amend § 1303.12 by removing 

‘‘45 CFR part 75’’ and adding in its 

place ‘‘2 CFR parts 200 and 300’’. 

PART 1321—GRANTS TO STATE AND 

COMMUNITY PROGRAMS ON AGING 

■ 207. The authority citation for part 

1321 continues to read as follows: 

Authority: 42 U.S.C. 3001 et seq. 

§ 1321.9 [Amended] 

■ 208. Amend § 1321.9 paragraph 

(a)(1)(iii) by removing ‘‘and 45 CFR part 

75, subpart F,’’ in paragraph (c)(2)(xi) by 

removing ‘‘and 45 CFR 75.307,’’ and in 

paragraph (c)(2)(xi) (H) by removing 

‘‘and 45 CFR 75.307(e)(2).’’ 

PART 1336—NATIVE AMERICAN 

PROGRAMS 

■ 209. The authority citation for part 

1336 continues to read as follows: 

Authority: 42 U.S.C. 2991 et seq. 

■ 210. Amend § 1336.50 in paragraph 

(a) by: 

■ a. Adding in alphanumeric order an 

entry for 2 CFR parts 200 and 300; and 

■ b. Removing the entry for ‘‘45 CFR 

part 75—Uniform Administrative 

Requirements, Cost Principles, and 

Audit Requirements for HHS Awards.’’ 

The addition reads as follows: 

§ 1336.50 Financial and administrative 

requirements. 

(a) * * * 

2 CFR parts 200 and 300—Uniform 

Administrative Requirements, Cost 

Principles, and Audit Requirements for 

Federal Awards. 

* * * * * 

§ 1336.52 [Amended] 

■ 211. Amend § 1336.52(b) by removing 

‘‘45 CFR 75.371 through 75.380’’ and 

adding in its place ‘‘2 CFR 200.339 

through 200.343’’. 

§ 1336.77 [Amended] 

■ 212. Amend § 1336.77 in paragraph 

(a)(1) by removing ‘‘45 CFR part 75, 

subpart E’’ and adding in its place ‘‘2 

CFR parts 200 and 300, subpart E’’ and 

in paragraph (b) by removing ‘‘45 CFR 

part 75’’ and adding in its place ‘‘2 CFR 

parts 200 and 300’’. 

PART 1355—GENERAL 

■ 213. The authority citation for part 

1355 continues to read as follows: 

Authority: 42 U.S.C. 620 et seq., 42 U.S.C. 

670 et seq.; 42 U.S.C. 1302. 

§ 1355.30 [Amended] 

■ 214. Amend § 1355.30 by revising 

paragraph (i) to read as follows: 

§ 1355.30 Other applicable regulations. 

* * * * * 

(i) 2 CFR parts 200 and 300—Uniform 

Administrative Requirements, Cost 

Principles, and Audit Requirements for 

Federal Awards. 2 CFR parts 200 and 

300 are applicable to title IV–B 

programs and the John H. Chafee Foster 

Care Independence Program under 

Section 477 of the Act that are operated 

by States and/or Tribes. 2 CFR parts 200 

and 300 are applicable to title IV–E 

foster care and adoption assistance 

programs operated by a State title IV–E 

agency, except that section 2 CFR 

200.306 Cost sharing and 2 CFR 200.328 

Financial reporting do not apply. 2 CFR 

parts 200 and 300 are applicable to title 

IV–E foster care and adoption assistance 

programs operated by a Tribal title IV– 

E agency pursuant to section 479B, 

except that 2 CFR 200.328 and the 

sections specified in § 1356.68 do not 

apply to a Tribal title IV–E agency. 

* * * * * 

§ 1355.58 [Amended] 

■ 215. Amend § 1355.58(a) by removing 

‘‘45 CFR 75.371 through 75.375’’ and 

replacing it with ‘‘2 CFR 200.339 

through 200.343’’. 

PART 1357—REQUIREMENTS 

APPLICABLE TO TITLE IV–B 

■ 216. The authority citation for part 

1357 continues to read as follows: 

Authority: 42 U.S.C. 620 et seq., 42 U.S.C. 

670 et seq.; 42 U.S.C. 1302. 

§ 1357.30 [Amended] 

■ 217. Amend § 1357.30 in paragraph 

(d) by removing ‘‘45 CFR 75.371 through 

75.372’’ and adding in its place ‘‘2 CFR 

200.339 through 200.340’’ and in 

paragraph (e) introductory text by 

removing ‘‘45 CFR part 75’’ and adding 

in its place ‘‘2 CFR parts 200 and 300’’. 

§ 1357.40 [Amended] 

■ 218. In § 1357.40, amend paragraph 

(d)(5)(i) by removing ‘‘45 CFR 75.371 

through 75.372’’ and adding in its place 

‘‘2 CFR 200.339 through 200.340’’ and 

in paragraph (d)(5)(ii) introductory text 

by removing ‘‘45 CFR part 75’’ and 

adding in its place ‘‘2 CFR parts 200 and 

300’’. 

Xavier Becerra, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2024–21984 Filed 9–26–24; 4:15 pm] 

BILLING CODE 4151–19–P 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

7 CFR Part 2 

RIN 0503–AA81 

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 U.S. Department of 

Agriculture (USDA) to reflect changes 

and additions to the delegations as 

summarized below. 

DATES: Effective October 2, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Melissa McClellan, Office of the General 

Counsel, (202) 720–5565, 

melissa.mcclellan@usda.gov. 

SUPPLEMENTARY INFORMATION: 

Overview of Changes 

This rule amends 7 CFR part 2 to 

reflect updates to the delegations of 

authority by the Secretary to the Under 

Secretary for Farm Production and 

Conservation (FPAC) and the FPAC 

mission area agencies, the General 

Counsel, and the Director of the Office 

of Tribal Relations (OTR) for the 

purposes described below. The rule also 

corrects an error in a delegation by the 

Under Secretary for Natural Resources 

and the Environment (NRE) to the Chief 

of the Forest Service. 

First, this rule amends the delegation 

of authority by the Secretary to the 

Under Secretary for FPAC at § 2.16 

under section 607(b)(4) of the Rural 


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80074 Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations 

Development Act of 1972 (7 U.S.C. 

2204b(b)(4)). This statute authorizes the 

Secretary to ‘‘enter into cooperative 

agreements with other Federal agencies, 

State and local governments, and any 

other organization or individual to 

improve the coordination and 

effectiveness of Federal programs, 

services, and actions affecting rural 

areas’’ if the objectives of the agreement 

‘‘will serve the mutual interest of the 

parties in rural development activities.’’ 

Under the existing delegation for this 

cooperative agreement authority to the 

Under Secretary for FPAC at 

§ 2.16(a)(1)(xxviii), further delegated to 

the Administrator, Farm Service Agency 

(FSA) at § 2.42(a)(50), the delegation 

covers only the following actions: (i) 

administration of cooperative 

agreements with respect to conservation 

programs and (ii) administration of 

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 FSA. This rule expands 

the delegation so that it is no longer 

limited to agreements related to 

conservation programs and the outreach 

and technical assistance activities of 

FSA. The expanded delegation permits 

the Under Secretary for FPAC to enter 

into cooperative agreements to improve 

the efficiency and effectiveness of 

Federal programs that affect rural areas 

under the entire FPAC Mission Area, 

subject to the terms of 7 U.S.C. 

2204b(b)(4). See Secretary’s 

Memorandum 1077–011 (March 13, 

2024), available at https://

www.usda.gov/directives/sm-1077-011. 

This rule implements the expanded 

delegation of authority by removing the 

existing delegation at § 2.16(a)(1)(xxviii) 

and adding a new delegation at 

§ 2.16(a)(13). This change does not 

impact the scope of the existing 

delegation of authority by the Under 

Secretary for FPAC to the Administrator 

of FSA at § 2.42(a)(50) to administer 

cooperative agreements under 7 U.S.C. 

2204b(b)(4). 

Next, this rule revises the delegations 

to the General Counsel at § 2.31 to 

reflect a new delegation of the 

Secretary’s authority to enter into 

cooperative agreements under 7 U.S.C. 

2204b(b)(4). This delegation allows the 

Office of the General Counsel to enter 

into cooperative agreements with 

nongovernmental organizations and 

educational institutions related to 

public interest and agricultural law for 

the purpose of carrying out agricultural 

and public service programs, 

sponsorships, convenings, and 

trainings. See Secretary’s Memorandum 

1077–009 (Sept. 26, 2023), available at 

https://www.usda.gov/directives/sm1077-009. 

The rule also revises the delegations 

by the Secretary to the Director, OTR at 

§ 2.39 to reflect a new delegation of the 

Secretary’s authority under section 922 

of the Federal Agriculture Improvement 

and Reform Act, as amended (7 U.S.C. 

2279c), to enter into cooperative 

agreements with associations of 

institutions of higher education for the 

purpose of participation in internship 

programs for graduate and 

undergraduate students in support of 

the 1994 Tribal College Program, and to 

carry out the related authorities and 

responsibilities outlined in the statute. 

See Secretary’s Memorandum 1077–008 

(Sept. 22, 2023), available at https://

www.usda.gov/directives/sm-1077-008. 

In addition, this rule makes 

permanent the Under Secretary for 

FPAC’s delegations within the FPAC 

mission area under the ‘‘Service First’’ 

initiative authority, initially delegated 

in an Under Secretary’s Memorandum 

issued March 21, 2024. Through the 

Under Secretary for FPAC, the Secretary 

delegates to the Chief Operating Officer, 

FPAC Business Center (§ 2.41), the 

Administrator, FSA (§ 2.42), the Chief, 

Natural Resources and Conservation 

Service (§ 2.43), and the Administrator, 

Risk Management Agency (§ 2.44) the 

authority under 43 U.S.C. 1703 to 

establish programs with the U.S. 

Department of Interior (DOI) or with 

other agencies within USDA for the 

purpose of promoting customer service 

and efficiency, including delegating to 

employees of DOI and other USDA 

agencies their respective authorities to 

carry out projects on behalf of USDA. 

Finally, this rule corrects an error in 

a statutory citation in the delegations by 

the Under Secretary for NRE to the Chief 

of the Forest Service at § 2.60(a)(58). 

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 in 7 CFR Part 2 

Authority delegations (Government 

agencies). 

Accordingly, as discussed in the 

preamble, 7 CFR part 2 is amended as 

follows: 

PART 2—DELEGATIONS OF 

AUTHORITY BY THE SECRETARY OF 

AGRICULTURE AND GENERAL 

OFFICERS OF THE DEPARTMENT 

■ 1. The authority citation for part 2 

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, Under 

Secretaries, and Assistant Secretaries 

■ 2. Amend § 2.16 by removing and 

reserving paragraph (a)(1)(xxviii) and 

adding paragraph (a)(13) to read as 

follows: 

§ 2.16 Under Secretary for Farm 

Production and Conservation. 

(a) * * * 

(13) Enter into cooperative agreements 

with Federal agencies, State and local 

governments, and any other 

organization or individual to improve 

the coordination and effectiveness of 

Federal programs, services, and actions 

affecting rural areas (7 U.S.C. 

2204b(b)(4)). 

* * * * * 

Subpart D—Delegations of Authority to 

Other General Officers and Agency 

Heads 

■ 3. Amend § 2.31 by adding paragraph 

(a)(21) to read as follows: 

§ 2.31 General Counsel. 

(a) * * * 

(21) Enter into cooperative agreements 

with nongovernmental organizations 

and educational institutions related to 

public interest and agricultural law for 

the purpose of agricultural and public 

service programs, sponsorships, 

convenings, and trainings (7 U.S.C. 

2204b(b)(4)). 

* * * * * 

■ 4. Amend § 2.39 by adding paragraph 

(a)(10) to read as follows: 

§ 2.39 Director, Office of Tribal Relations. 

(a) * * * 

(10) Enter into cooperative agreements 

with associations of institutions of 


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Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations 80075 

higher education for the purpose of 

participation in internship programs for 

graduate and undergraduate students in 

support of the 1994 Tribal College 

Program and carry out the related 

authorities and responsibilities outlined 

in 7 U.S.C. 2279c. 

* * * * * 

Subpart F—Delegations of Authority 

by the Under Secretary for Farm 

Production and Conservation 

■ 5. Amend § 2.41 by adding paragraph 

(a)(7) to read as follows: 

§ 2.41 Chief Operating Officer, Farm 

Production and Conservation Business 

Center. 

(a) * * * 

(7) 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 Farm 

Production and Conservation Business 

Center necessary to carry out projects on 

behalf of USDA (43 U.S.C. 1703). 

* * * * * 

■ 6. Amend § 2.42 by adding paragraph 

(a)(31) to read as follows: 

§ 2.42 Administrator, Farm Service 

Agency. 

(a) * * * 

(31) 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 Farm 

Service Agency necessary to carry out 

projects on behalf of USDA (43 U.S.C. 

1703). 

* * * * * 

■ 7. Amend § 2.43 by adding paragraph 

(a)(5) to read as follows: 

§ 2.43 Chief, Natural Resources and 

Conservation Service. 

(a) * * * 

(5) 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 Natural 

Resources and Conservation Service 

necessary to carry out projects on behalf 

of USDA (43 U.S.C. 1703). 

* * * * * 

■ 8. Amend § 2.44 by adding paragraph 

(a)(10) to read as follows: 

§ 2.44 Administrator, Risk Management 

Agency and Manager, Federal Crop 

Insurance Corporation. 

(a) * * * 

(10) 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 Risk 

Management Agency to carry out 

projects on behalf of USDA (43 U.S.C. 

1703). 

* * * * * 

Subpart J—Delegations of Authority by 

the Under Secretary for Natural 

Resources and Environment 

■ 9. Amend § 2.60 by revising paragraph 

(a)(58) to read as follows: 

§ 2.60 Chief, Forest Service. 

(a) * * * 

(58) Enter into reciprocal fire 

agreements or contracts with domestic 

entities. Administer reimbursements 

received for fire suppression (42 U.S.C. 

1856–1856e). 

* * * * * 

Signing Authority 

The Secretary of Agriculture, Thomas 

J. Vilsack, having reviewed and 

approved this document, is delegating 

the authority to electronically sign this 

document to Mary Beth Schultz, 

Principal Deputy General Counsel, for 

purposes of publication in the Federal 

Register. 

Mary Beth Schultz, 

Principal Deputy General Counsel. 

[FR Doc. 2024–22571 Filed 10–1–24; 8:45 am] 

BILLING CODE 3410–90–P 

FEDERAL RESERVE SYSTEM 

12 CFR Part 201 

[Docket No. R–1839] 

RIN 7100 AG–80 

Regulation A: Extensions of Credit by 

Federal Reserve Banks 

Correction 

In rule document 2024–21908 

beginning on page 78221 in the issue of 

Wednesday, September 25, make the 

following correction: 

On page 78221, the Docket Number 

should read as set forth above. 

[FR Doc. C1–2024–21908 Filed 10–1–24; 8:45 am] 

BILLING CODE 0099–10–D 

CONSUMER FINANCIAL PROTECTION 

BUREAU 

12 CFR Chapter X 

Consumer Financial Protection 

Circular 2024–05: Improper Overdraft 

Opt-In Practices 

AGENCY: Consumer Financial Protection 

Bureau. 

ACTION: Consumer financial protection 

circular. 

SUMMARY: The Consumer Financial 

Protection Bureau (CFPB) has issued 

Consumer Financial Protection Circular 

2024–05, titled ‘‘Improper Overdraft 

Opt-In Practices.’’ In this circular, the 

CFPB responds to the question, ‘‘Can a 

financial institution violate the law if 

there is no proof that it has obtained 

consumers’ affirmative consent before 

levying overdraft fees for ATM and onetime debit card transactions?’’ 

DATES: The CFPB released this circular 

on its website on September 17, 2024. 

ADDRESSES: Enforcers, and the broader 

public, can provide feedback and 

comments to Circulars@cfpb.gov. 

FOR FURTHER INFORMATION CONTACT: 

George Karithanom, Regulatory 

Implementation & Guidance Program 

Analyst, Office of Regulations, at 202– 

435–7700 or at: https://reginquiries.

consumerfinance.gov/. If you require 

this document in an alternative 

electronic format, please contact CFPB_

Accessibility@cfpb.gov. 

SUPPLEMENTARY INFORMATION: 

Question Presented 

Can a financial institution violate the 

law if there is no proof that it has 

obtained consumers’ affirmative consent 

before levying overdraft fees for ATM 

and one-time debit card transactions? 

Response 

Yes. A bank or credit union can be in 

violation of the Electronic Fund 

Transfer Act (EFTA) and Regulation E if 

there is no proof that it obtained 

affirmative consent to enrollment in 

covered overdraft services. The form of 

the records that demonstrate consumer 

consent to enrollment may vary 

according to the channel through which 

the consumer opts into covered 

overdraft services. 


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