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contains regulatory documents having general

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are keyed to and codified in the Code of

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Rules and Regulations Federal Register

3395 

Vol. 74, No. 12 

Wednesday, January 21, 2009 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

7 CFR Part 2 

RIN 0503–AA37 

Revision of Delegations of Authority 

AGENCY: Office of the Secretary, USDA. 

ACTION: Final rule. 

SUMMARY: This document revises the 

delegations of authority from the 

Secretary of Agriculture and general 

officers of the Department of Agriculture 

(USDA) principally to reflect changes 

and additions to the delegations 

required by the Food, Conservation, and 

Energy Act of 2008 (FCEA), Public Law 

110–246. Other additions, deletions, 

and changes are made as summarized 

below. 

DATES: Effective Date: Effective January 

21, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Adam J. Hermann, Office of the General 

Counsel, USDA, 1400 Independence 

Avenue, SW., Washington, DC 20250, 

(202) 720–9425, 

adam.hermann@ogc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Food, Conservation, and Energy Act of 

2008 

The Secretary of Agriculture 

(Secretary) previously delegated 

authorities under the Food, 

Conservation, and Energy Act of 2008, 

Public Law 110–246 (FCEA), in 

Secretary’s Memorandum (SM) 1053– 

001 (July 1, 2008). This rule codifies 

those delegations and makes other 

changes to existing delegations required 

by FCEA, as follows. 

Title I of FCEA renews a number of 

commodity programs already delegated 

by the Secretary to the Under Secretary 

for Farm and Foreign Agricultural 

Services (FFAS) under 7 CFR 2.16, and 

by the Under Secretary for FFAS to the 

Administrator of the Farm Service 

Agency (FSA) under 7 CFR 2.42. Those 

existing delegations cover all 

production-related commodity programs 

of the Commodity Credit Corporation 

(CCC) of USDA not otherwise delegated 

by the Secretary including programs 

that are marketing-related or disasterrelated. FCEA does contain 

‘‘permanent’’ disaster provisions, which 

are found in sections 12033 and 15101 

(which are duplicative of each other). 

Because the new disaster provisions are 

not consigned to CCC, the current 

delegations in 7 CFR 2.16 and 2.42 are 

amended to add a reference to allow for 

coverage of non-CCC disaster programs 

and other income support commodity 

programs that might be enacted at some 

point but which might not be CCC 

programs. A specific delegation for the 

disaster provisions in sections 12033 

and 15101 of FCEA is also added to 7 

CFR 2.16 and 2.42. 

In addition, title I of FCEA includes 

a number of new authorities that do not 

as such fit within the current 

delegations and are delegated herein to 

the Administrator of FSA through the 

Under Secretary for FFAS, as follows: 

Section 1605 (quality incentive 

payments for covered oilseed 

producers); section 1609 (tracking of 

benefits); section 1612 (hard white 

wheat development program); section 

1613 (durum wheat quality program); 

and section 1621 (payments to 

geographically disadvantaged farmers 

and ranchers). 

Additionally, section 1502 of FCEA 

provides authority for a dairy forward 

pricing program, and section 1509 of 

FCEA directs the Secretary to establish 

a Federal Milk Marketing Order Review 

Commission to conduct a 

comprehensive review and evaluation of 

the Federal milk marketing order system 

and non-Federal marketing order 

systems. The delegations at 7 CFR 2.22 

and 2.79 are amended to reflect the 

delegation of these authorities to the 

Under Secretary for Marketing and 

Regulatory Programs (MRP) and the 

Administrator of the Agricultural 

Marketing Service (AMS). 

Section 1510 of FCEA amended the 

Dairy Product Mandatory Reporting 

provisions of title II, subtitle C, of the 

Agricultural Marketing Act of 1946, to 

include provisions for the establishment 

of an electronic reporting system and for 

quarterly audits of information 

submitted or reported under that act. A 

new provision is added to 7 CFR 2.22 

and 2.79 to reflect that the Under 

Secretary for MRP and Administrator of 

AMS are delegated lead responsibility to 

administer the Dairy Product Mandatory 

Reporting provisions of title II, subtitle 

C, of the Agricultural Marketing Act of 

1946. Existing delegations at 7 CFR 2.21 

and 2.68 are amended to reflect an 

ancillary delegation to the Under 

Secretary for Research, Education, and 

Economics (REE) and the Administrator 

of the National Agricultural Statistics 

Service (NASS). 

Title I of FCEA also included 

requirements relating to the disclosure 

and release of information. The 

delegations at 7 CFR 2.16, 2.17, 2.20, 

2.22, 2.42, 2.48, 2.49, 2.60, 2.61, and 

2.80 are amended to reflect the 

delegation of the Secretary’s information 

disclosure authorities in section 

1619(b)(3) to the Under Secretaries for 

FFAS, Rural Development (RD), Natural 

Resources and Environment (NRE), and 

MRP, the Administrators of FSA, the 

Rural Business-Cooperative Service 

(RBS), and the Rural Housing Service 

(RHS), the Chiefs of the Forest Service 

and Natural Resources Conservation 

Service (NRCS), and the Administrator 

of the Animal and Plant Health 

Inspection Service (APHIS), 

respectively. 

Also, the delegations to the Under 

Secretary for FFAS in 7 CFR 2.16 and 

the Administrator of FSA in 7 CFR 2.42 

are amended by removing outdated 

references to programs that are no 

longer in existence. 

Title II of FCEA made numerous 

amendments to the Conservation title 

(title XII) of the Food Security Act of 

1985, 16 U.S.C. 3801 et seq., to revise 

or extend existing program and funding 

authority and to provide some new 

authority. Several of these revised 

authorities were previously delegated or 

otherwise fit within existing delegations 

to the Under Secretary for NRE (7 CFR 

2.20) and Chief of NRCS (7 CFR 2.61), 

or to the Under Secretary for FFAS (7 

CFR 2.16) and Administrator of FSA (7 

CFR 2.42), and, thus, do not need 

further action. 

The following sections of title II of 

FCEA provided authorities that require 

delegations: Section 2301 (new 

Conservation Stewardship Program 

authority); section 2710 (authority to 


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utilize services from experienced 

agriculture conservation technical 

service providers); and section 2711 

(revised authority to establish and 

utilize State technical committees). The 

delegations at 7 CFR 2.20 are amended 

to reflect the delegation of these 

authorities to the Under Secretary for 

NRE, and the delegations at 7 CFR 2.61 

are amended to reflect the delegation of 

these authorities by the Under Secretary 

for NRE to the Chief of NRCS. 

Section 2403 of FCEA amends the 

Grassland Reserve Program (GRP) under 

title XII of the Food Security Act of 

1985. New provisions are added to 7 

CFR 2.16 and 2.42 to reflect the 

delegation of the authority to administer 

the GRP to the Under Secretary for 

FFAS (in cooperation with the Under 

Secretary for NRE) and the 

Administrator of FSA (with respect to 

those aspects of the GRP that are or 

become the responsibility of the Under 

Secretary for FFAS). New provisions 

also are added to 7 CFR 2.20 and 2.61 

to reflect the delegation of the authority 

to administer the GRP to the Under 

Secretary for NRE (in cooperation with 

the Under Secretary for FFAS) and the 

Chief of NRCS (with respect to those 

aspects of the GRP that are or become 

the responsibility of the Under Secretary 

for NRE). 

Section 2606 of FCEA requires the 

establishment of a voluntary public 

access and habitat incentive program. 

The delegations at 7 CFR 2.16 and 2.42 

are amended to reflect the delegation of 

this authority to the Under Secretary for 

FFAS and the Administrator of FSA. 

Section 2702 of FCEA provides 

authority to accept and use 

contributions of non-Federal funds to 

support conservation programs under 

subtitle D of title XII of the Food 

Security Act of 1985. The delegations at 

7 CFR 2.16 are amended to reflect the 

delegation of this authority to the Under 

Secretary for FFAS (with respect to 

those conservation programs delegated 

to the Under Secretary for FFAS), and 

the delegations at 7 CFR 2.42 are 

amended to reflect the delegation of this 

authority to the Administrator of FSA 

(with respect to programs delegated to 

the Administrator of FSA). The 

delegations at 7 CFR 2.20 are amended 

to reflect the delegation of this authority 

to the Under Secretary for NRE (with 

respect to those conservation programs 

delegated to the Under Secretary for 

NRE), and the delegations at 7 CFR 2.61 

are amended to reflect the delegation of 

this authority to the Chief of NRCS 

(with respect to those programs 

delegated to the Chief of NRCS). 

Other miscellaneous amendments are 

made to the delegations at 7 CFR 2.20 

and 2.61 to correct descriptions. 

Section 3205 of FCEA established a 

Consultative Group to Eliminate the Use 

of Child Labor and Forced Labor in 

Imported Agricultural Products. The 

Consultative Group will include two 

representatives from USDA, as 

determined by the Secretary. Not later 

than two years after the date of 

enactment of FCEA, the Consultative 

Group must submit to the Secretary 

recommendations relating to standard 

practices for independent monitoring 

and verification for the production, 

processing, and distribution of 

agricultural products or commodities to 

reduce the likelihood that agricultural 

products or commodities imported into 

the United States are produced with the 

use of forced labor or child labor. Not 

later than one year after receiving the 

Consultative Group’s recommendations, 

the Secretary must release guidelines for 

a voluntary initiative to enable entities 

to address issues raised by the 

Trafficking Victims Protection Act of 

2000. This rule amends 7 CFR 2.16 and 

2.43 to add the lead delegation of these 

authorities to the Under Secretary for 

FFAS and the Administrator of the 

Foreign Agricultural Service (FAS), and 

7 CFR 2.22 and 2.79 to add an ancillary 

delegation to the Under Secretary for 

MRP and the Administrator of AMS. 

Section 3206 of FCEA requires the 

Secretary to initiate a study of prior 

local and regional procurements for 

food aid programs conducted by other 

donor countries, private voluntary 

organizations, and the World Food 

Programme of the United Nations; 

provide grants to, or enter into 

cooperative agreements with, eligible 

organizations to carry out field-based 

projects that consist of local or regional 

procurements of eligible commodities to 

respond to food crises and disasters; and 

ensure that an independent third party 

conducts an independent evaluation of 

all such field-based projects not later 

than November 1, 2011. The delegations 

at 7 CFR 2.16 and 2.43 are amended to 

reflect that the Under Secretary for 

FFAS and the Administrator of FAS are 

delegated these authorities. 

Section 4001 of FCEA renamed the 

Food Stamp Act of 1977 the Food and 

Nutrition Act of 2008. This section also 

struck all references to the Food Stamp 

Program and replaced them with the 

Supplemental Nutrition Assistance 

Program. The delegations at 7 CFR 2.19 

and 2.57 are amended to reflect these 

changes. 

Section 4142 of FCEA directs the 

Secretary to carry out a study of the 

feasibility and effects of treating Puerto 

Rico the same as one of the States under 

the Supplemental Nutrition Assistance 

Program in lieu of the block grant it 

currently receives. This section includes 

an assessment of the administrative 

impact, the appropriate income 

eligibility, benefit, and deduction levels, 

and the effect on low-income Puerto 

Ricans. The delegations at 7 CFR 2.19 

and 2.57 are amended to reflect that the 

Under Secretary for Food, Nutrition, 

and Consumer Services (FNCS) and the 

Administrator of the Food and Nutrition 

Service (FNS) are delegated the 

responsibility to conduct the study and 

prepare the report to Congress. 

Section 4301 of FCEA requires the 

Secretary to submit to Congress 

annually a report on the effectiveness of 

each State in automatically enrolling 

school-aged children for free school 

meals using ‘‘direct certification’’ based 

on their participation in the 

Supplemental Nutrition Assistance 

Program. The delegations at 7 CFR 2.19 

and 2.57 are amended to reflect that the 

Under Secretary for FNCS and the 

Administrator of FNS are delegated this 

responsibility. 

Section 4305 of FCEA requires the 

Secretary to purchase whole grains and 

whole grain products for use in the 

National School Lunch Program and the 

School Breakfast Program. This section 

further requires an evaluation and 

report by the Secretary. The delegations 

at 7 CFR 2.19 and 2.57 are amended to 

reflect that the Under Secretary for 

FNCS and the Administrator of FNS are 

delegated these responsibilities. 

Section 4307 of FCEA requires the 

Secretary to carry out a nationally 

representative survey of the foods 

purchased by school food authorities 

participating in the National School 

Lunch Program during the most recent 

school year for which data are available. 

This section further requires a report on 

the results of the survey. The 

delegations at 7 CFR 2.19 and 2.57 are 

amended to reflect that the Under 

Secretary for FNCS and the 

Administrator of FNS are delegated 

these responsibilities. 

Section 4401 of FCEA amends section 

4404 of the Farm Security and Rural 

Investment Act of 2002 (2 U.S.C. 1161) 

and directs the Secretary to offer to 

provide a grant to the Congressional 

Hunger Center to administer the Bill 

Emerson National Hunger Fellowship 

Program and the Mickey Leland 

International Hunger Fellowship 

Program. The delegations at 7 CFR 2.19 

and 2.57 are amended to reflect that the 

Under Secretary for FNCS and the 

Administrator of FNS are delegated the 

authority to provide the grant for the 


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Bill Emerson and Mickey Leland 

Fellowships. 

Section 4403 of FCEA requires that 

the Secretary continue joint efforts with 

the Department of Health and Human 

Services for national nutrition 

monitoring and related research 

activities. The delegations at 7 CFR 2.19 

are amended to reflect that the Under 

Secretary for FNCS is delegated the 

responsibility to continue these 

monitoring and research functions. 

Section 4405 of FCEA authorizes 

appropriations for Hunger-Free 

Communities Collaborative Grants and 

Hunger-Free Communities 

Infrastructure Grants and directs the 

Secretary to report to Congress on the 

activities carried out under this 

authority and the degrees of the success 

of each activity. The delegations at 7 

CFR 2.19 and 2.57 are amended to 

reflect that the Under Secretary for 

FNCS and the Administrator of FNS are 

delegated these authorities. 

Section 4406(c)(2) of FCEA extends 

the authority of the Secretary to carry 

out the Nutrition Information and 

Awareness Pilot Project in section 4403 

of the Farm Security and Rural 

Investment Act of 2002 (7 U.S.C. 3171 

note). The delegations at 7 CFR 2.19 and 

2.57 are amended to reflect that the 

Under Secretary for FNCS and the 

Administrator of FNS are delegated the 

responsibility for this pilot project. 

Title IV of FCEA (section 4402(3)) also 

included new grant authority to 

establish and support a healthy urban 

food enterprise development center to 

increase access to healthy affordable 

foods, including locally produced 

agricultural products, to underserved 

communities. That authority has been 

delegated through the Under Secretary 

for REE to the Administrator of the 

Cooperative State Research, Education, 

and Extension Service (CSREES), and 

the delegations at 7 CFR 2.21 and 2.66 

have been amended accordingly. 

Title V of FCEA established a 

conservation loan and loan guarantee 

program (section 5002) and provided 

expanded authority to make loans to 

certain purchasers of highly fractionated 

land (section 5501). The delegations at 

7 CFR 2.16, 2.17, 2.42, and 2.48 are 

revised to reflect that these authorities 

are delegated to the Under Secretary for 

FFAS and Administrator of FSA. 

Section 6013(d) of FCEA amended 

section 310B of the Consolidated Farm 

and Rural Development Act (7 U.S.C. 

1932) to provide the Secretary with 

authority to enter into cooperative 

research agreements with qualified 

academic institutions to conduct 

research on the effects of cooperatives 

on the national economy. Additionally, 

section 6013(e) of FCEA amended 

section 310B of the Consolidated Farm 

and Rural Development Act to provide 

the Secretary with the authority to 

administer a grants program to address 

the needs of minority communities. 

Additionally, section 6016 of FCEA 

amended section 310B of the 

Consolidated Farm and Rural 

Development Act to direct the Secretary 

to establish the Appropriate Technology 

Transfer for Rural Areas Program. The 

delegations at 7 CFR 2.17 and 2.48 to 

the Under Secretary for RD and 

Administrator of RBS are amended to 

include these additional authorities by 

making a general reference to section 

310B of the Consolidated Farm and 

Rural Development Act without listing 

specific authorities in that section. 

Section 6018(b) of FCEA directs the 

Secretary to prepare and submit a report 

on the definitions of ‘‘rural’’ and ‘‘rural 

area.’’ The delegations at 7 CFR 2.17 are 

amended to reflect that the Under 

Secretary for RD is delegated 

responsibility for this report. 

Section 6022 of FCEA directs the 

Secretary to establish a Rural 

Microentrepreneur Assistance Program 

to provide loans and grants to support 

microentrepreneurs in the development 

and ongoing success of rural 

microenterprises. The delegations at 7 

CFR 2.17 and 2.48 are amended to 

reflect that the Under Secretary for RD 

and the Administrator of RBS are 

delegated the responsibility for this 

program. Section 6023 of FCEA directs 

the Secretary to establish the Expansion 

of Employment Opportunities for 

Individuals with Disabilities in Rural 

Areas Program. This grant program is 

intended to expand and enhance 

employment opportunities for 

individuals with disabilities in rural 

areas. The delegations at 7 CFR 2.17 and 

2.48 are amended to reflect that the 

Under Secretary for RD and the 

Administrator of RBS are delegated the 

responsibility for this program. 

Section 6024 of FCEA directs the 

Secretary to establish a Health Care 

Services Program to award a grant to an 

eligible entity for the development of 

health care services, health education 

programs, and health care job training 

programs and the development and 

expansion of public health-related 

facilities in the Delta region to address 

longstanding and unmet health needs of 

the region. The delegations at 7 CFR 

2.17 and 2.48 are amended to reflect 

that the Under Secretary for RD and the 

Administrator of RBS are delegated the 

responsibility for this program. 

Section 6025 of FCEA reauthorized 

the Delta Regional Authority. The 

delegations at 7 CFR 2.17 and 2.48 are 

amended to reflect that the Under 

Secretary for RD and Administrator of 

RBS are delegated responsibility for this 

program. 

Section 6026 of FCEA reauthorized 

and made several modifications to the 

Northern Great Plains Regional 

Authority. The delegations at 7 CFR 

2.17 and 2.48 are amended to reflect 

that the Under Secretary for RD and 

Administrator of RBS are delegated 

responsibility for this program. 

Section 6028 of FCEA directs the 

Secretary to establish a Rural 

Collaborative Investment Program to 

support comprehensive regional 

investment strategies for achieving rural 

competitiveness. The existing 

delegations to the Under Secretary for 

RD and Administrator of RBS at 7 CFR 

2.17 and 2.48 are amended by removing 

references to the Rural Strategic 

Investment Program and adding 

references to the Rural Collaborative 

Investment Program. 

Title VII of FCEA provided a number 

of new research, education, economics, 

and extension authorities to the 

Secretary. The delegations at 7 CFR 2.21 

are amended to reflect the delegation of 

these authorities to the Under Secretary 

for REE, and the delegations at 7 CFR 

2.65 and 2.66 are amended to reflect the 

further delegation of these authorities by 

the Under Secretary for REE to the 

Administrators of the Agricultural 

Research Service (ARS) and CSREES, 

respectively, as follows: A program of 

competitive grants for fundamental and 

applied research, extension, and 

education, known as the Agriculture 

and Food Research Initiative (CSREES); 

a program of facilities and equipment 

grants to assist the land-grant university 

in the District of Columbia (CSREES); a 

program of facilities and equipment 

grants to assist insular area land-grant 

institutions (CSREES); a program of 

endowment and other payments, 

institutional capacity-building grants, 

and competitive fundamental and 

applied research grants for Hispanicserving agricultural colleges and 

universities (CSREES); a New Era Rural 

Technology Program to provide grants 

for technology development, applied 

research, and training to aid in the 

development of an agriculture-based 

renewable energy workforce (CSREES); 

a capacity-building grants program for 

non-land-grant colleges of agriculture 

(CSREES); an Agricultural Bioenergy 

Feedstock and Energy Efficiency 

Research and Extension Initiative to 

enhance production of biomass energy 

crops and the energy efficiency of 

agricultural operations (CSREES); a 

research and extension grants program 

to improve farm management 


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knowledge and skills of agricultural 

producers and maintain a publicly 

available financial management 

database (CSREES); a Specialty Crop 

Research Initiative (CSREES); broad 

authority to exchange, sell, acquire, and 

dispose of animals, animal products, 

plants, and plant products in carrying 

out the research functions of the 

Department (ARS); a pilot program to 

lease nonexcess property at the 

Beltsville Agricultural Research Center 

and the National Agricultural Library 

(ARS); broad authority to lease land at 

the Grazinglands Research Laboratory at 

El Reno, Oklahoma (ARS); a research 

and education grants program relating to 

antibiotics and antibiotic-resistant 

bacteria (CSREES); a grants program to 

establish and maintain a Farm and 

Ranch Stress Assistance Network 

(CSREES); a grants program relating to 

seed distribution (CSREES); a research 

program for natural products (ARS); a 

Sun Grants Program (CSREES); and a 

grants program relating to agricultural 

and rural transportation research and 

education (CSREES). 

A new delegation to the 

Administrator of CSREES, through the 

Under Secretary for REE, has been 

added for the program of providing 

grants to Alaska Native and Native 

Hawaiian serving institutions under 7 

U.S.C. 3156. The FCEA (section 7112) 

amended and re-authorized the 

program. 

Title VII (section 7139) also provided 

a new authority to provide fellowships 

for scientific training and study in the 

United States to individuals from 

eligible countries who specialize in 

agricultural education, research, and 

extension, known as the Borlaug 

International Agricultural Science and 

Technology Fellowship Program. The 

delegations at 7 CFR 2.16 and 2.43 are 

amended to reflect the delegation of this 

authority to the Under Secretary for 

FFAS and the Administrator of FAS. 

Additionally, a new delegation to the 

Administrator of FAS, through the 

Under Secretary for FFAS, has been 

added for the agricultural biotechnology 

research and development grant 

program for developing countries under 

7 U.S.C. 7631. FCEA (section 7310) 

reauthorized the program. 

Additionally, section 7524 of FCEA 

directs the Secretary to issue a permit to 

the Secretary of Homeland Security for 

work on the live virus of foot and mouth 

disease at a successor facility to the 

Plum Island Animal Disease Center. The 

delegations at 7 CFR 2.22 and 2.80 are 

amended to reflect that the Under 

Secretary for MRP and the 

Administrator of APHIS are delegated 

this authority, except that the authority 

to suspend, revoke, or impair the permit 

is reserved to the Secretary. 

The existing delegations to the Under 

Secretary for REE and the 

Administrators of ARS and CSREES also 

have been amended by removing 

delegations of authorities that were 

repealed by FCEA and making other 

miscellaneous changes required by 

FCEA. 

Title VIII of FCEA (section 8205) 

revised the authority for the Healthy 

Forests Reserve Program, Title V of the 

Healthy Forests Restoration Act of 2003 

(16 U.S.C. 6571–6578) as to enrollment 

of lands, including lands owned by 

Indian tribes, and as to funding. The 

delegations at 7 CFR 2.20 and 2.61 are 

amended to reflect that the authority to 

administer the Healthy Forests Reserve 

Program is delegated to the Under 

Secretary for NRE and the Chief of 

NRCS. 

Section 8402 provided new authority 

to administer a competitive grants 

program for the purpose of establishing 

an undergraduate scholarship program 

to assist in the recruitment, retention, 

and training of Hispanics and other 

under-represented groups in forestry 

and related fields. The delegations at 7 

CFR 2.21 and 2.66 are amended to 

reflect the delegation of this authority to 

the Under Secretary for REE and the 

Administrator of CSREES. 

Title IX of FCEA provides additional 

authorities relating to energy, including 

section 9001, which is a substitute 

amendment for title IX of the Farm 

Security and Rural Investment Act of 

2002 (7 U.S.C. 8101—8113). 

Five authorities in this amendment 

are delegated through the Under 

Secretary for RD to the Administrator of 

RBS: A Biorefinery Assistance Program 

(‘‘section 9003’’); a Repowering 

Assistance Program (‘‘section 9004’’); a 

Bioenergy Program for Advanced 

Biofuels (‘‘section 9005’’); a Rural 

Energy for America Program (‘‘section 

9007’’); and a Rural Energy SelfSufficiency Initiative (‘‘section 9009’’). 

The delegations at 7 CFR 2.17 and 2.48 

are amended to reflect the delegation of 

these authorities to the Under Secretary 

for RD and Administrator of RBS. 

One authority in this amendment— 

administration of the Biomass Research 

and Development Program (‘‘section 

9008’’) in consultation with other 

mission areas of the Department as 

appropriate—is delegated to the Under 

Secretary for REE. One component of 

the Biomass Research and Development 

Program—the Biomass Research and 

Development Initiative—is further 

delegated to the Administrator of 

CSREES. The delegations at 7 CFR 2.21 

and 2.66 are amended to reflect the 

delegation of these authorities. 

Two authorities in this amendment 

are delegated through the Under 

Secretary for FFAS to the Administrator 

of FSA: A feedstock flexibility program 

for bioenergy producers (‘‘section 

9010’’); and a biomass crop assistance 

program (‘‘section 9011’’). The 

delegations at 7 CFR 2.16 and 2.42 are 

amended to reflect the delegation of 

these authorities to the Under Secretary 

for FFAS and Administrator of FSA. 

Two authorities in this amendment 

are delegated through the Under 

Secretary for NRE to the Chief of the 

Forest Service: A competitive research 

and development program to encourage 

the use of forest biomass for energy 

(‘‘section 9012’’); and a program to 

provide grants to State and local 

governments to develop community 

wood energy plans and to acquire and 

upgrade community wood energy 

systems (‘‘section 9013’’). The 

delegations at 7 CFR 2.20 and 2.60 are 

amended to reflect the delegation of 

these authorities to the Under Secretary 

for NRE and Chief of the Forest Service. 

Additionally, the existing delegations 

to the Under Secretary for RD and 

Administrator of RBS, in 7 CFR 2.17 and 

2.48, respectively, are amended by 

removing delegations of energy 

authorities repealed by FCEA. The 

existing delegations to the Chief 

Economist and the Director of the Office 

of Energy Policy and New Uses 

(OEPNU), in 7 CFR 2.29 and 2.73, 

respectively, are amended by correcting 

statutory citations. 

The delegations for the Chief 

Economist and Director of OEPNU also 

are amended to add a delegation to 

conduct a study on biofuels 

infrastructure in section 9002 of FCEA. 

Section 10105 of FCEA authorizes a 

food safety education program for fresh 

produce, and section 10107 requires 

that market news activities provide 

timely price and shipping information 

concerning specialty crops in the United 

States and that reporting levels be 

increased for specialty crops. The 

delegations at 7 CFR 2.22 and 2.79 are 

amended to reflect the delegation of 

these authorities to the Under Secretary 

for MRP and the Administrator of AMS. 

Section 10109 of FCEA amended the 

Specialty Crops Competitiveness Act of 

2004, including section 101 of that act 

relating to specialty crop block grants. 

The delegations at 7 CFR 2.22 and 2.79 

are amended to reflect that the Under 

Secretary for MRP and Administrator of 

AMS are delegated the authority to 

administer the provisions of section 101 

of the Specialty Crops Competitiveness 

Act of 2004. 


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Section 10202 of FCEA provides 

authority to establish a National Clean 

Plant Network, and section 10204 

directs the Secretary to develop 

regulations to improve management and 

oversight of certain regulated articles. 

The delegations at 7 CFR 2.22 and 2.80 

are amended to reflect the delegation of 

these authorities to the Under Secretary 

for MRP and the Administrator of 

APHIS. 

Section 10205 of FCEA includes 

authority to provide loans to units of 

local government to finance the 

purchase of equipment necessary for the 

management of forest land, which must 

be used to monitor, remove, dispose of, 

and replace infested trees on land under 

the jurisdiction of the local government 

or within the borders of a quarantined 

area. The delegations at 7 CFR 2.20 and 

2.60 are amended to reflect the 

delegation of this authority to the Under 

Secretary for NRE and the Chief of the 

Forest Service. 

Section 10302 of FCEA provides 

authorities regarding the collection and 

reporting of data on the production and 

marketing of organic agricultural 

products. The delegations at 7 CFR 2.22 

and 2.79 are amended to reflect that the 

Under Secretary for MRP and 

Administrator of AMS are delegated the 

responsibility to collect and distribute 

comprehensive reporting of prices 

relating to organically produced 

agricultural products. The delegations at 

7 CFR 2.21 and 2.67 are amended to 

reflect that the Under Secretary for REE 

and Administrator of the Economic 

Research Service (ERS) are delegated the 

responsibility to conduct surveys and 

analysis and publish reports relating to 

organic production, handling, 

distribution, retail, and trend studies. 

The delegations at 7 CFR 2.21 and 2.68 

are amended to reflect that the Under 

Secretary for REE and Administrator of 

NASS are delegated the responsibility to 

develop surveys and report statistical 

analysis on organically produced 

agricultural products. 

Section 10403 of FCEA authorizes a 

grant program to improve the movement 

of specialty crops. The delegations at 7 

CFR 2.22 and 2.79 are amended to 

reflect the delegation of this authority to 

the Under Secretary for MRP and 

Administrator of AMS. 

Section 10404 of FCEA provides 

authority to make payments to certain 

producers of asparagus crops. The 

delegations at 7 CFR 2.16 and 2.42 are 

amended to reflect that the Under 

Secretary for FFAS and Administrator of 

FSA are delegated this responsibility. 

Title XI of FCEA provides several new 

authorities relating to livestock. Section 

11001 amended the Livestock 

Mandatory Reporting provisions of title 

II, subtitle B, of the Agricultural 

Marketing Act of 1946, to include under 

the current electronic reporting and 

publishing section of that act provisions 

for improvement and education. A new 

provision is added to 7 CFR 2.22 and 

2.79 to reflect that the Under Secretary 

for MRP and Administrator of AMS are 

delegated the authority to administer 

the Livestock Mandatory Reporting 

provisions of title II, subtitle B, of the 

Agricultural Marketing Act of 1946. 

Section 11006 of FCEA requires the 

Secretary to promulgate regulations 

with respect to the Packers and 

Stockyards Act, 1921 (7 U.S.C. 181 et 

seq.), to establish criteria that the 

Secretary will consider in determining 

whether regulated entities have violated 

that act and whether live poultry dealers 

and swine contractors have acted 

reasonably in their dealings with 

contract growers. The delegations at 7 

CFR 2.22 and 2.81 are amended to 

reflect that this authority is delegated 

through the Under Secretary for MRP to 

the Administrator, Grain Inspection, 

Packers and Stockyards Administration. 

Section 11009 of FCEA amended a 

provision concerning funding for the 

National Sheep Industry Improvement 

Center under section 375 of the 

Consolidated Farm and Rural 

Development Act and provided for 

repeal of a provision in that section 

requiring privatization of the revolving 

fund. The delegations at 7 CFR 2.16, 

2.22, 2.42, and 2.79 are amended to 

reflect the delegation of authority for 

this program to the Under Secretary for 

MRP and Administrator of AMS. 

Title XI of FCEA also amended the 

Federal Meat Inspection Act and the 

Poultry Products Inspection Act to 

provide for the interstate shipment of 

meat and poultry inspected by Federal 

and state agencies and to require 

federally inspected meat and poultry 

establishments to notify the Secretary of 

the receipt or shipment of adulterated or 

misbranded meat or poultry product in 

commerce, to prepare and maintain 

recall plans, and to document each 

reassessment of its process control 

plans. The delegations at 7 CFR 2.18 

and 2.53 are amended to reflect that the 

Under Secretary for Food Safety and the 

Administrator of the Food Safety and 

Inspection Service are delegated these 

authorities. 

Title XII of FCEA (section 12014) 

requires the Secretary to conduct a 

study and issue a report on the efficacy 

and accuracy of the application of pack 

factors regarding the measurement of 

farm-stored production for purposes of 

providing policies or plans of insurance 

under the Federal Crop Insurance Act (7 

U.S.C. 1501 et seq.). The delegations at 

7 CFR 2.16 and 2.44 are amended to 

reflect that this authority is delegated to 

the Under Secretary for FFAS and the 

Administrator of the Risk Management 

Agency. 

Title XIV of FCEA provides a number 

of new miscellaneous authorities to the 

Secretary. Section 14003 amended 

section 2501A of the Food, Agriculture, 

Conservation, and Trade Act of 1990 (7 

U.S.C. 2279–1) by directing the 

Secretary to issue receipts for service or 

denials of service to current or 

prospective producers or landowners 

who request such a receipt at the time 

they request a benefit or service from 

FSA, NRCS, or an agency of the RD 

mission area. The delegations at 7 CFR 

2.16 and 2.42 are amended to reflect 

that the Under Secretary for FFAS and 

the Administrator of FSA are delegated 

lead coordinating responsibility for the 

issuance of such receipts, as well as the 

authority to issue receipts with respect 

to FSA. The delegations at 7 CFR 2.17, 

2.47, 2.48, and 2.49 are amended to 

reflect that the Under Secretary for RD 

and the Administrators of the Rural 

Utilities Service (RUS), RBS, and RHS 

are delegated the authority to issue 

receipts with respect to RUS, RBS, and 

RHS, respectively, in coordination with 

the lead agency. Additionally, the 

delegations at 7 CFR 2.20 and 2.61 are 

amended to reflect that the Under 

Secretary for NRE and the Chief of 

NRCS are delegated the authority to 

issue receipts with respect to NRCS, in 

coordination with the lead agency. 

Section 14005 of FCEA directs the 

Secretary to ensure that the Census of 

Agriculture conducted by NASS and 

studies conducted by the Economic 

Research Service (ERS) document 

certain information regarding socially 

disadvantaged farmers and ranchers in 

agricultural production. The delegations 

at 7 CFR 2.21 and 2.68 are amended to 

reflect the delegation of these 

responsibilities with respect to the 

Census of Agriculture to the Under 

Secretary for REE and the Administrator 

of NASS. The delegations at 7 CFR 2.21 

and 2.67 are amended to reflect the 

delegation of these responsibilities with 

respect to ERS studies to the Under 

Secretary for REE and the Administrator 

of ERS. 

Section 14111 of FCEA established 

the Office of Homeland Security 

(‘‘OHS’’) within the Department. The 

current delegations at 7 CFR 2.32 to the 

Director, Homeland Security Staff are 

amended to reflect the establishment of 

OHS and the delegation of authorities to 

the Director, OHS. Additionally, the 7 

CFR 2.32 delegations are amended to 

reflect the delegation of the Secretary’s 


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3400 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Rules and Regulations 

authority in FCEA section 14112 

(establishment of a communication 

center within the Department to collect 

and disseminate information and 

prepare for agricultural biosecurity 

emergencies and threats) and FCEA 

section 14113 (competitive grants 

program to support development and 

expansion of advanced training 

programs in agricultural biosecurity 

planning and response for food science 

professionals and veterinarians; 

competitive grants and low-interest loan 

assistance program to assist States in 

assessing agricultural disease response 

capability) to the Director, OHS. Finally, 

the delegations in 7 CFR 2.32 are 

amended by making other 

miscellaneous updates and corrections. 

Title XIV of FCEA also provided the 

following two authorities that have been 

delegated through the Under Secretary 

for REE to the Administrator of CSREES: 

A competitive grant program for the 

development of qualified agricultural 

countermeasures (section 14121); and a 

competitive grant program for the 

development of teaching programs to 

increase the number of trained 

individuals with an expertise in 

agricultural biosecurity (section 14122). 

7 CFR 2.21 and 2.66 are amended to 

reflect these delegations. 

Section 14208 of FCEA requires the 

submission of reports to Congress on 

conferences sponsored or held by the 

Department or attended by employees of 

the Department. The delegations at 7 

CFR 2.28 are amended to reflect that the 

Chief Financial Officer (CFO) is 

delegated this responsibility. 

Section 14211 provides new 

debarment authorities to the Secretary 

with respect to participation in USDA 

programs. The delegations at 7 CFR 2.28 

are amended to reflect that the CFO is 

delegated lead responsibility to 

administer the debarment authorities in 

section 14211, in coordination with the 

Assistant Secretary for Administration 

(ASA). The delegations at 7 CFR 2.24 

and 2.93 are amended to delegate the 

authority to implement the debarment 

authorities in section 14211 to the ASA 

and the Director, Office of Procurement 

and Property Management (OPPM) with 

respect to procurement activities, in 

coordination with the CFO. 

Section 14212 of FCEA established 

several requirements regarding the 

closure or relocation of FSA county or 

field offices. The delegations at 7 CFR 

2.16 and 2.42 are amended to reflect the 

delegation of these responsibilities to 

the Under Secretary for FFAS and 

Administrator of FSA. 

Section 14216 of FCEA directs the 

Secretary to review recommendations 

on the use of dogs and cats in Federally 

supported research and report to 

Congress. The delegations at 7 CFR 2.22 

and 2.80 are amended to reflect the 

delegation of this authority to the Under 

Secretary for MRP and Administrator of 

APHIS. 

Section 14218 of FCEA requires the 

Secretary to establish a Coordinator for 

Chronically Underserved Rural Areas to 

be located in the Rural Development 

Mission Area. The delegations at 7 CFR 

2.17 are amended to reflect that the 

Under Secretary for RD is delegated the 

responsibility for establishing the 

Coordinator. 

Section 14220 of FCEA authorizes the 

Secretary to make available to 

organizations surplus computers and 

technical equipment for the purpose of 

distribution to municipalities in rural 

areas. The delegations at 7 CFR 2.24 and 

2.93 are amended to reflect the 

delegation of this authority to the ASA 

and the Director of OPPM. 

Finally, section 15353 established 

certain information reporting 

requirements pertaining to CCC 

transactions. The delegations at 7 CFR 

2.16 and 2.42 are amended to reflect the 

delegation of these responsibilities to 

the Under Secretary for FFAS and 

Administrator of FSA. 

Disaster Relief and Recovery 

Supplemental Appropriations Act, 2008 

Section 10101 of the Disaster Relief 

and Recovery Supplemental 

Appropriations Act, 2008, established 

the Rural Development Disaster 

Assistance Fund to provide additional 

amounts for authorized activities of 

agencies of the Rural Development 

Mission Area in areas affected by a 

disaster declared by the President or the 

Secretary. The delegations at 7 CFR 2.17 

are amended to reflect that the Under 

Secretary for RD is delegated 

responsibility for this Fund. 

Other Delegations 

A new delegation to the Chief of 

NRCS, through the Under Secretary for 

NRE, has been added for the authority 

to permit employees of NRCS to carry 

and use firearms for personal protection 

while conducting field work in remote 

locations in the performance of their 

official duties. This rule codifies the 

delegation of this authority made by the 

Secretary in a Secretary’s Memorandum 

dated October 20, 2008. 

A new delegation to the Under 

Secretary for FNCS has been added for 

the authority to enter into contracts, 

grants, and cooperative agreements 

under section 1472 of the National 

Agricultural Research, Extension, and 

Teaching Policy Act of 1977 (7 U.S.C. 

3318). This rule codifies the delegation 

of this authority made by the Secretary 

in a Secretary’s Memorandum dated 

November 4, 2008. 

Miscellaneous 

A number of miscellaneous minor 

changes have been made to the 

delegations for other reasons, including 

to correct citations and descriptions and 

delete obsolete authorities. 

To correspond to the revision of 

delegations of authority made in 2003 

(68 FR 27431), 7 CFR 2.81(a) is revised 

to reflect the change in the title of the 

policy official responsible for Marketing 

and Regulatory Programs from Assistant 

Secretary to Under Secretary. This 

paragraph is also revised to reflect the 

establishment of the agency that is 

responsible for all programs and 

activities formerly performed by the 

Federal Grain Inspection Service and by 

the Packers and Stockyards 

Administration as the Grain Inspection, 

Packers and Stockyards Administration. 

The Grain Inspection, Packers and 

Stockyards Administration was 

established by Secretary’s Memorandum 

1010–1 and codified in the regulations 

by the 1995 revision of delegations of 

authority (60 FR 56392). 

The delegations at 7 CFR 2.79 also are 

revised to reflect the change in the title 

of the policy official responsible for 

Marketing and Regulatory Programs 

from Assistant Secretary to Under 

Secretary. 

Classification 

Finally, 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, Title 7 of the Code of 

Federal Regulations is amended as set 

forth below: 


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Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Rules and Regulations 3401 

PART 2—DELEGATIONS OF 

AUTHORITY BY THE SECRETARY OF 

AGRICULTURE AND GENERAL 

OFFICERS OF THE DEPARTMENT 

■ 1. The authority 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 

■ 2. Amend § 2.16 as follows: 

■ a. Revise paragraphs (a)(1)(xxv), 

(a)(2)(i)(G), (a)(2)(x), (a)(3)(vi), 

(a)(3)(vii)(E), (a)(3)(ix), (a)(3)(x), 

(a)(3)(xv), and (a)(3)(xliv); 

■ b. Remove and reserve paragraphs 

(a)(1)(xvii), (a)(1)(xx), (a)(1)(xxi), 

(a)(1)(xxii), (a)(1)(xxiv), (a)(2)(i)(A), and 

(a)(3)(xviii); and 

■ c. Add new paragraphs (a)(1)(xxix), 

(a)(1)(xxx), (a)(1)(xxxi), (a)(1)(xxxii), 

(a)(1)(xxxiii), (a)(1)(xxxiv), (a)(1)(xxxv), 

(a)(2)(i)(L), (a)(3)(xlv), (a)(3)(xlvi), 

(a)(3)(xlvii), (a)(3)(xlviii), and (a)(4)(v), 

to read as follows: 

§ 2.16 Under Secretary for Farm and 

Foreign Agricultural Services. 

(a) * * * 

(1) * * * 

(xvii) [Reserved] 

* * * * * 

(xx)–(xxii) [Reserved] 

* * * * * 

(xxiv) [Reserved] 

(xxv) Administer all programs of the 

Commodity Credit Corporation that 

provide assistance with respect to the 

production of agricultural commodities, 

including disaster assistance and the 

domestic marketing of such 

commodities, except as may otherwise 

be reserved by the Secretary of 

Agriculture, and similar programs 

(including commodity quality 

development programs) consigned by 

statute to the Secretary of Agriculture 

unless otherwise delegated. 

* * * * * 

(xxix) Administer the feedstock 

flexibility program for bioenergy 

producers under section 9010 of the 

Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 8110) and the biomass 

crop assistance program under section 

9011 of that Act (7 U.S.C. 8111). 

(xxx) Administer the Grassland 

Reserve Program under sections 1238N– 

1238Q of the Food Security Act of 1985 

(16 U.S.C. 3838n–3838q) in cooperation 

with the Under Secretary for Natural 

Resources and Environment. 

(xxxi) Administer the provisions of 

section 1240R of the Food Security Act 

of 1985 (16 U.S.C. 3839bb–5) regarding 

voluntary public access and habitat 

incentives. 

(xxxii) Implement the authority in 

section 1241 of the Food Security Act of 

1985 (16 U.S.C. 3841) to accept and use 

voluntary contributions of non-Federal 

funds in support of natural resources 

conservation programs under subtitle D 

of title XII of that Act with respect to 

authorities delegated to the Under 

Secretary for Farm and Foreign 

Agricultural Services. 

(xxxiii) Coordinate Department policy 

for, and issue, receipts under section 

2501A(e) of the Food, Agriculture, 

Conservation, and Trade Act of 1990 (7 

U.S.C. 2279–1(e)). 

(xxxiv) Administer the following 

provisions of the Food, Conservation, 

and Energy Act of 2008, Public Law 

110–246: 

(A) Section 1605 relating to quality 

incentive payments for covered oilseed 

producers. 

(B) Section 1609 relating to the 

tracking of benefits. 

(C) Section 1612 relating to the hard 

white wheat development program. 

(D) Section 1613 relating to the durum 

wheat quality program. 

(E) Section 1621 relating to direct 

reimbursement payments to 

geographically disadvantaged farmers or 

ranchers. 

(F) Section 10404 relating to market 

loss assistance for asparagus producers. 

(G) Sections 12033 and 15101 relating 

to supplemental agricultural disaster 

assistance. 

(H) Section 14212 relating to the 

closure or relocation of county or field 

offices of the Farm Service Agency. 

(I) Section 15353(a) relating to 

information reporting for Commodity 

Credit Corporation transactions. 

(xxxv) Implement the information 

disclosure authorities of section 

1619(b)(3)(A) of the Food, Conservation, 

and Energy Act of 2008 (7 U.S.C. 

8791(b)(3)(A)). 

(2) * * * 

(i) * * * 

(A) [Reserved] 

* * * * * 

(G) Section 310B (7 U.S.C. 1932), 

regarding various Rural Development 

programs; 

* * * * * 

(L) Section 375 (7 U.S.C. 2008j), 

relating to the National Sheep Industry 

Improvement Center. 

* * * * * 

(x) Administer loans to Indian tribes, 

tribal corporations, and purchasers of 

highly fractionated land (25 U.S.C. 488– 

492). 

* * * * * 

(3) * * * 

(vi) Exercise the Department’s 

functions with respect to the 

International Coffee Agreement or any 

such future agreement. 

(vii) * * * 

(E) Section 204(d) of the Andean 

Trade Preference Act (19 U.S.C. 

3203(d)); 

* * * * * 

(ix) Exercise the Department’s 

responsibilities in connection with 

international negotiations of the Grains 

Trade Convention and in the 

administration of such Convention. 

(x) Plan and carry out programs and 

activities under the foreign market 

promotion authority of: The Wheat 

Research and Promotion Act (7 U.S.C. 

1292 note); the Cotton Research and 

Promotion Act (7 U.S.C. 2101–2118); the 

Potato Research and Promotion Act (7 

U.S.C. 2611–2627); the Egg Research 

and Consumer Information Act of 1974 

(7 U.S.C. 2701–2718); the Beef Research 

and Information Act, as amended (7 

U.S.C. 2901–2911); the Wheat and 

Wheat Foods Research and Nutrition 

Education Act (7 U.S.C. 3401–3417); the 

Floral Research and Consumer 

Information Act of 1981 (7 U.S.C. 4301– 

4319); subtitle B of title I of the Dairy 

and Tobacco Adjustment Act of 1983 (7 

U.S.C. 4501–4514); the Honey Research, 

Promotion, and Consumer Information 

Act of 1984, as amended (7 U.S.C. 4601– 

4613); the Pork Promotion, Research, 

and Consumer Information Act of 1985 

(7 U.S.C. 4801–4819); the Watermelon 

Research and Promotion Act, as 

amended (7 U.S.C. 4901–4916); the 

Pecan Promotion and Research Act of 

1990 (7 U.S.C. 6001–6013); the 

Mushroom Promotion, Research, and 

Consumer Information Act of 1990 (7 

U.S.C. 6101–6112); the Lime Research, 

Promotion, and Consumer Information 

Act of 1990 (7 U.S.C. 6201–6212); the 

Soybean Promotion, Research, and 

Consumer Information Act of 1990 (7 

U.S.C. 6301–6311); the Fluid Milk 

Promotion Act of 1990 (7 U.S.C. 6401– 

6417); the Fresh Cut Flowers and Fresh 

Cut Greens Promotion and Consumer 

Information Act (7 U.S.C. 6801–6814); 

the Sheep Promotion, Research, and 

Information Act of 1994 (7 U.S.C. 7101– 

7111); the Commodity Promotion, 

Research, and Information Act of 1996 

(7 U.S.C. 7411–7425); the Canola and 

Rapeseed Research, Promotion, and 

Consumer Information Act (7 U.S.C. 

7441–7452); the National Kiwifruit 

Research, Promotion, and Consumer 

Information Act (7 U.S.C. 7461–7473); 

and, the Popcorn Promotion, Research, 

and Consumer Information Act (7 U.S.C. 

7481–7491). This authority includes 


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3402 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Rules and Regulations 

determining the programs and activities 

to be undertaken and assuring that they 

are coordinated with the overall 

departmental programs to develop 

foreign markets for U.S. agricultural 

products. 

* * * * * 

(xv) Formulate policies and 

implement programs to promote the 

export of dairy products, as authorized 

under section 153 of the Food Security 

Act of 1985, as amended (15 U.S.C. 

713a–14). 

* * * * * 

(xviii) [Reserved] 

* * * * * 

(xliv) Implement section 3107 of the 

Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 1736o–1). 

(xlv) Implement section 3205 of the 

Food, Conservation, and Energy Act of 

2008 (22 U.S.C. 7112 note) regarding the 

Consultative Group to Eliminate the Use 

of Child Labor and Forced Labor in 

Imported Agricultural Products, in 

consultation with the Under Secretary 

for Marketing and Regulatory Programs. 

(xlvi) Implement section 3206 of the 

Food, Conservation, and Energy Act of 

2008 (7 U.S.C. 1726c) regarding local 

and regional food aid procurement 

projects. 

(xlvii) Administer the Borlaug 

International Agricultural Science and 

Technology Fellowship Program (7 

U.S.C. 3319j). 

(xlviii) Administer the grant program 

for agricultural biotechnology research 

and development for developing 

countries (7 U.S.C. 7631). 

(4) * * * 

(v) Conduct a study and issue a report 

on the efficacy and accuracy of the 

application of pack factors regarding the 

measurement of farm-stored production 

for purposes of providing policies or 

plans of insurance under the Federal 

Crop Insurance Act (7 U.S.C. 1501 et 

seq.). 

* * * * * 

■ 3. Amend § 2.17 as follows: 

■ a. Redesignate paragraph (a)(21)(ii)(H) 

as paragraph (a)(21)(ii)(M); 

■ b. Redesignate and revise paragraph 

(a)(21)(ii)(I) as paragraph (a)(21)(ii)(N); 

■ c. Revise paragraphs (a)(21)(ii)(D) and 

(a)(21)(xxiii); 

■ d. Remove and reserve paragraphs 

(a)(20)(iv)(J), (a)(21)(ii)(B), (a)(24) and 

(a)(25); and 

■ e. Add new paragraphs (a)(20)(xi), 

(a)(21)(ii)(H), (a)(21)(ii)(I), (a)(21)(ii)(J), 

(a)(21)(ii)(K), (a)(21)(ii)(L), (a)(21)(xxiv), 

(a)(21)(xxv), (a)(22)(vii), (a)(22)(viii), 

(a)(27), (a)(28), and (a)(29), to read as 

follows: 

§ 2.17 Under Secretary for Rural 

Development. 

(a) * * * 

(20) * * * 

(iv) * * * 

(J) [Reserved] 

* * * * * 

(xi) In coordination with the Under 

Secretary for Farm and Foreign 

Agricultural Services, issue receipts 

under section 2501A(e) of the Food, 

Agriculture, Conservation, and Trade 

Act of 1990 (7 U.S.C. 2279–1(e)). 

(21) * * * 

(ii) * * * 

(B) [Reserved] 

* * * * * 

(D) Section 310B (7 U.S.C. 1932), 

relating to various Rural Development 

programs, except for subsection (b) of 

that section. 

* * * * * 

(H) Section 379E (7 U.S.C. 2008s) 

relating to the Rural Microentrepreneur 

Assistance Program. 

(I) Section 379F (7 U.S.C. 2000t) 

relating to the Expansion of 

Employment Opportunities for 

Individuals with Disabilities in Rural 

Areas Program. 

(J) Section 379G (7 U.S.C. 2008u) 

relating to Health Care Services. 

(K) Section 382A et seq. (7 U.S.C. 

2009aa et seq.) relating to the Delta 

Regional Authority. 

(L) Section 383A et seq. (7 U.S.C. 

2009bb et seq.) relating to the Northern 

Great Plains Regional Authority. 

* * * * * 

(N) Section 385A et seq. (7 U.S.C. 

2009dd et seq.) relating to the Rural 

Collaborative Investment Program. 

* * * * * 

(xxiii) Administer the renewable 

energy programs authorized in sections 

9003, 9004, 9005, 9007, and 9009 of the 

Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 8103, 8104, 8105, 

8107, and 8109). 

(xxiv) Implement the information 

disclosure authorities of section 

1619(b)(3)(A) of the Food, Conservation, 

and Energy Act of 2008 (7 U.S.C. 

8791(b)(3)(A)). 

(xxv) In coordination with the Under 

Secretary for Farm and Foreign 

Agricultural Services, issue receipts 

under section 2501A(e) of the Food, 

Agriculture, Conservation, and Trade 

Act of 1990 (7 U.S.C. 2279–1(e)). 

(22) * * * 

(vii) Implement the information 

disclosure authorities of section 

1619(b)(3)(A) of the Food, Conservation, 

and Energy Act of 2008 (7 U.S.C. 

8791(b)(3)(A)). 

(viii) In coordination with the Under 

Secretary for Farm and Foreign 

Agricultural Services, issue receipts 

under section 2501A(e) of the Food, 

Agriculture, Conservation, and Trade 

Act of 1990 (7 U.S.C. 2279–1(e)). 

* * * * * 

(24) [Reserved] 

(25) [Reserved] 

* * * * * 

(27) Exercise the authority in section 

10101 of the Disaster Relief and 

Recovery Supplemental Appropriations 

Act, 2008, Public Law 110–329, div. B., 

regarding the Rural Development 

Disaster Assistance Fund. 

(28) Prepare and submit the report 

required by section 6018(b) of the Food, 

Conservation, and Energy Act of 2008, 

Public Law 110–246. 

(29) Implement section 14218 of the 

Food, Conservation, and Energy Act of 

2008 (7 U.S.C. 6941a). 

* * * * * 

■ 4. Amend § 2.18 to revise paragraphs 

(a)(1)(ii)(A) and (a)(1)(ii)(B), to read as 

follows: 

§ 2.18 Under Secretary for Food Safety. 

(a) * * * 

(1) * * * 

(ii) * * * 

(A) Poultry Products Inspection Act, 

as amended (21 U.S.C. 451–470, 472); 

(B) Federal Meat Inspection Act, as 

amended, and related legislation, 

excluding so much of section 18 as 

pertains to issuance of certificates of 

condition of live animals intended and 

offered for export (21 U.S.C. 601–613, 

615–624, 641–645, 661, 671–680, 683, 

691–692, 694–695); 

* * * * * 

■ 5. Amend § 2.19 as follows: 

■ a. Revise paragraphs (a)(1)(i)(A), 

(a)(1)(i)(B), (a)(1)(iii), (a)(1)(iv), and 

(a)(3)(v); 

■ b. Remove and reserve paragraph 

(a)(1)(ii)(F); and 

■ c. Add new paragraphs (a)(1)(i)(G), 

(a)(1)(i)(H), (a)(1)(i)(I), (a)(1)(i)(J), 

(a)(1)(i)(K), (a)(1)(i)(L), (a)(1)(i)(M), 

(a)(3)(ix), and (a)(3)(x), to read as 

follows: 

§ 2.19 Under Secretary for Food, Nutrition, 

and Consumer Services. 

(a) * * * 

(1) * * * 

(i) * * * 

(A) The Food and Nutrition Act of 

2008, as amended (7 U.S.C. 2011–2036), 

except for section 25, regarding 

assistance for community food projects. 

(B) Richard B. Russell National 

School Lunch Act, as amended (42 

U.S.C. 1751–1769i), except procurement 

of agricultural commodities and other 

foods under section 6 thereof. 

* * * * * 


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(G) Section 4403 of the Farm Security 

and Rural Investment Act of 2002 (7 

U.S.C. 3171 note). 

(H) Section 4404 of the Farm Security 

and Rural Investment Act of 2002 (2 

U.S.C. 1161). 

(I) Section 4142 of the Food, 

Conservation, and Energy Act of 2008 

(Pub. L. 110–246). 

(J) Section 4301 of the Food, 

Conservation, and Energy Act of 2008 

(42 U.S.C. 1758a). 

(K) Section 4305 of the Food, 

Conservation, and Energy Act of 2008 

(42 U.S.C. 1755a). 

(L) Section 4307 of the Food, 

Conservation, and Energy Act of 2008 

(Pub. L. 110–246). 

(M) Section 4405 of the Food, 

Conservation, and Energy Act of 2008 (7 

U.S.C. 7517). 

(ii) * * * 

(F) [Reserved] 

* * * * * 

(iii) Administer those functions 

relating to the distribution of 

supplemental nutrition assistance 

program benefits under section 412 of 

the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 

U.S.C. 5179). 

(iv) In connection with the functions 

assigned in paragraphs (a)(1)(i), (ii) and 

(iii) of this section, relating to the 

distribution and donation of agricultural 

commodities and products thereof and 

supplemental nutrition assistance 

program benefits to eligible recipients, 

authority to determine the requirements 

for such agricultural commodities and 

products thereof and supplemental 

nutrition assistance program benefits to 

be so distributed. 

* * * * * 

(3) * * * 

(v) Develop food plans for use in 

establishing supplemental nutrition 

assistance benefit levels, and assess the 

nutritional impact of Federal food 

programs. 

* * * * * 

(ix) In conjunction with the 

Department of Health and Human 

Services, administer section 4403 of the 

Food, Conservation, and Energy Act of 

2008 (7 U.S.C. 5311a). 

(x) Enter into contracts, grants, and 

cooperative agreements in accordance 

with section 1472 of the National 

Agricultural Research, Extension, and 

Teaching Policy Act of 1977 (7 U.S.C. 

3318). 

* * * * * 

■ 6. Amend § 2.20 as follows: 

■ a. Revise paragraphs (a)(3)(iv)(G), 

(a)(3)(xiii)(D), and (a)(3)(xiii)(N); and 

■ b. Add new paragraphs (a)(2)(xli), 

(a)(2)(xlii), (a)(2)(xliii), (a)(2)(xliv), 

(a)(3)(xiii)(O), (a)(3)(xiii)(P), 

(a)(3)(xiii)(Q), (a)(3)(xiii)(R), (a)(3)(xx), 

(a)(3)(xxi), (a)(3)(xxii), and (a)(3)(xxiii), 

to read as follows: 

§ 2.20 Under Secretary for Natural 

Resources and Environment. 

(a) * * * 

(2) * * * 

(xli) Implement the information 

disclosure authorities of section 

1619(b)(3)(A) of the Food, Conservation, 

and Energy Act of 2008 (7 U.S.C. 

8791(b)(3)(A)). 

(xlii) Administer a program for 

providing loans to eligible units of local 

government to finance the purchase of 

equipment to monitor, remove, dispose 

of, and replace infested trees located 

under their jurisdiction and within the 

borders of quarantined areas (16 U.S.C. 

2104a). 

(xliii) Conduct a competitive research 

and development program to encourage 

the use of forest biomass for energy (7 

U.S.C. 8112). 

(xliv) Administer the community 

wood energy program providing grants 

for community wood energy plans and 

energy systems (7 U.S.C. 8113). 

(3) * * * 

(iv) * * * 

(G) The Emergency Conservation 

Program and the Emergency Watershed 

Protection Program under sections 401– 

405 of the Agricultural Credit Act of 

1978, 16 U.S.C. 2201–2205, except for 

the provisions of sections 401 and 402, 

16 U.S.C. 2201–2202, as administered 

by the Under Secretary for Farm and 

Foreign Agricultural Services. 

* * * * * 

(xiii) * * * 

(D) The Conservation Security 

Program authorized by sections 1238– 

1238C (16 U.S.C. 3838–3838c) and the 

Conservation Stewardship Program 

authorized by sections 1238D–1238G 

(16 U.S.C. 3838d–3838g). 

* * * * * 

(N) The incentives for certain farmers 

and ranchers and Indian tribes and the 

protection of certain proprietary 

information related to natural resources 

conservation programs as provided by 

section 1244 of the Act (16 U.S.C. 3844), 

except for responsibilities assigned to 

the Under Secretary for Farm and 

Foreign Agricultural Services. 

(O) The Agriculture Conservation 

Experienced Services Program 

authorized by section 1252 of the Act 

(16 U.S.C. 3851). 

(P) The authority under sections 

1261–1262 of the Act (16 U.S.C. 3861– 

3862) to establish and utilize State 

Technical Committees. 

(Q) The Grassland Reserve Program 

under sections 1238N–1238Q of the Act 

(16 U.S.C. 3838n–3838q) in cooperation 

with the Under Secretary for Farm and 

Foreign Agricultural Services. 

(R) The authority in section 1241 of 

the Act (16 U.S.C. 3841) to accept and 

use voluntary contributions of nonFederal funds in support of natural 

resources conservation programs under 

subtitle D of title XII of the Act with 

respect to authorities delegated to the 

Under Secretary for Natural Resources 

and Environment. 

* * * * * 

(xx) Administer the Healthy Forests 

Reserve Program authorized by sections 

501–508, Title V of the Healthy Forests 

Restoration Act of 2003 (16 U.S.C. 

6571–6578). 

(xxi) Implement the information 

disclosure authorities of section 

1619(b)(3)(A) of the Food, Conservation, 

and Energy Act of 2008 (7 U.S.C. 

8791(b)(3)(A)). 

(xxii) In coordination with the Under 

Secretary for Farm and Foreign 

Agricultural Services, issue receipts 

under section 2501A(e) of the Food, 

Agriculture, Conservation, and Trade 

Act of 1990 (7 U.S.C. 2279–1(e)). 

(xxiii) Authorize employees of the 

Natural Resources Conservation Service 

to carry and use firearms for personal 

protection while conducting field work 

in remote locations in the performance 

of their official duties (7 U.S.C. 2274a). 

* * * * * 

■ 7. Amend § 2.21 as follows: 

■ a. Remove and reserve paragraphs 

(a)(1)(xlv), (a)(1)(xlvii), (a)(1)(lxxxviii), 

(a)(1)(xciv), (a)(1)(clvii), (a)(1)(clviii), 

(a)(1)(clix), (a)(1)(clxi), and 

(a)(1)(clxxvii); 

■ b. Revise paragraphs (a)(1)(xx), 

(a)(1)(xliv), (a)(1)(cxxi), (a)(1)(cxli), 

(a)(1)(clii), (a)(1)(clvi), (a)(1)(clxxi), 

(a)(8)(xiv), and (a)(8)(xv); and 

■ c. Add new paragraphs (a)(1)(clxxxiii), 

(a)(1)(clxxxiv), (a)(1)(clxxxv), 

(a)(1)(clxxxvi), (a)(1)(clxxxvii), 

(a)(1)(clxxxviii), (a)(1)(clxxxix), 

(a)(1)(cxc), (a)(1)(cxci), (a)(1)(cxcii), 

(a)(1)(cxciii), (a)(1)(cxciv), (a)(1)(cxcv), 

(a)(1)(cxcvi), (a)(1)(cxcvii), 

(a)(1)(cxcviii), (a)(1)(cxcix), (a)(1)(cc), 

(a)(1)(cci), (a)(1)(ccii), (a)(1)(cciii), 

(a)(1)(cciv), and (a)(8)(xvii); to read as 

follows: 

§ 2.21 Under Secretary for Research, 

Education, and Economics. 

(a) * * * 

(1) * * * 

(xx) Administer the Agriculture and 

Food Research Initiative for competitive 

grants for fundamental and applied 

research, extension, and education to 

address food and agricultural sciences; 

administer a program of making special 


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grants for research, extension, or 

education activities (7 U.S.C. 450i(b), 

(c)). 

* * * * * 

(xliv) Promote and strengthen higher 

education in the food and agricultural 

sciences; administer grants to colleges 

and universities; maintain a national 

food and agricultural education 

information system; conduct programs 

regarding the evaluation of teaching 

programs and continuing education; 

administer the National Food and 

Agricultural Sciences Teaching, 

Extension, and Research Awards 

Program to recognize and promote 

excellence in teaching, extension, and 

research in the food and agricultural 

sciences; administer programs relating 

to secondary education and 2-year 

postsecondary education, including 

grants to public secondary schools, 

institutions of higher education that 

award an associate’s degree, other 

institutions of higher education, and 

nonprofit organizations; and report to 

Congress on the distribution of funds to 

carry out such teaching programs (7 

U.S.C. 3152). 

(xlv) [Reserved] 

* * * * * 

(xlvii) [Reserved] 

* * * * * 

(lxxxviii) [Reserved] 

* * * * * 

(xciv) [Reserved] 

* * * * * 

(cxxi) Administer a Cooperative 

Agricultural Extension Program related 

to agriculture, uses of solar energy with 

respect to agriculture, home economics, 

and rural energy in the District of 

Columbia (D.C. Code 38–1202.09). 

* * * * * 

(cxli) Implement and administer the 

Community Food Projects Program, 

Innovative Programs for Addressing 

Common Community Problems, and the 

Healthy Urban Food Enterprise Center 

pursuant to the provisions of section 25 

of the Food and Nutrition Act of 2008 

(7 U.S.C. 2034). 

* * * * * 

(clii) Solicit and consider input and 

recommendations from persons who 

conduct or use agricultural research, 

extension, or education and, after 

consultation with appropriate 

subcabinet officials, establish priorities 

for agricultural research, extension, and 

education activities conducted or 

funded by the Department; promulgate 

regulations concerning implementation 

of a process for obtaining stakeholder 

input at 1862, 1890, and 1994 

Institutions and Hispanic-serving 

agricultural colleges and universities; 

and ensure that federally supported and 

conducted agricultural research, 

extension, and education activities are 

accomplished in accord with identified 

management principles (7 U.S.C. 7612). 

* * * * * 

(clvi) Require a procedure to be 

established by each 1862, 1890, and 

1994 Institution and Hispanic-serving 

agricultural college and university, for 

merit review of each agricultural 

research and extension activity funded 

and review of the activity in accordance 

with the procedure (7 U.S.C. 7613(e)). 

(clvii)–(clix) [Reserved] 

* * * * * 

(clxi) [Reserved] 

* * * * * 

(clxxi) Take a census of agriculture in 

1998 and every fifth year thereafter 

pursuant to the Census of Agriculture 

Act of 1997, Public Law 105–113 (7 

U.S.C. 2204g); ensure that the census of 

agriculture documents the number, 

location, and economic contributions of 

socially disadvantaged farmers or 

ranchers in agricultural production (7 

U.S.C. 2279(h)). 

* * * * * 

(clxxvii) [Reserved] 

* * * * * 

(clxxxiii) Administer grants to assist 

the land-grant university in the District 

of Columbia to acquire, alter, or repair 

facilities or relevant equipment 

necessary for conducting agricultural 

research (7 U.S.C. 3222b–1). 

(clxxxiv) Administer grants to assist 

the land-grant institutions in insular 

areas to acquire, alter, or repair facilities 

or relevant equipment necessary for 

conducting agricultural research (7 

U.S.C. 3222b–2). 

(clxxxv) Enter into agreements 

necessary to administer an HispanicServing Agricultural Colleges and 

Universities Fund; enter into 

agreements necessary to administer a 

program of making annual payments to 

Hispanic-serving agricultural colleges 

and universities; administer an 

institutional capacity-building grants 

program for Hispanic-serving 

agricultural colleges and universities; 

administer a competitive grants program 

to fund fundamental and applied 

research at Hispanic-serving agricultural 

colleges and universities (7 U.S.C. 

3243). 

(clxxxvi) Administer the New Era 

Rural Technology Program to make 

grants for technology development, 

applied research, and training to aid in 

the development of an agriculture-based 

renewable energy workforce (7 U.S.C. 

3319e). 

(clxxxvii) Administer a competitive 

grants program to assist NLGCA 

Institutions in maintaining and 

expanding capacity to conduct 

education, research, and outreach 

activities relating to agriculture, 

renewable resources, and other similar 

disciplines (7 U.S.C. 3319i). 

(clxxxviii) Administer the 

Agricultural Bioenergy Feedstock and 

Energy Efficiency Research and 

Extension Initiative to enhance the 

production of biomass energy crops and 

the energy efficiency of agricultural 

operations (7 U.S.C. 5925e). 

(clxxxix) Administer a competitive 

research and extension grants program 

to improve the farm management 

knowledge and skills of agricultural 

producers and establish and maintain a 

national, publicly available farm 

financial management database to 

support improved farm management (7 

U.S.C. 5925f). 

(cxc) Administer the Specialty Crop 

Research Initiative (7 U.S.C. 7632). 

(cxci) Exchange, sell, or otherwise 

dispose of animals, animal products, 

plants, and plant products, and use the 

sale or other proceeds to acquire such 

items or to offset costs related to the 

maintenance, care, or feeding of such 

items (7 U.S.C. 2241a). 

(cxcii) Establish and administer a 

pilot program at the Beltsville 

Agricultural Research Center and 

National Agricultural Library to lease 

nonexcess property (7 U.S.C. 3125a 

note). 

(cxciii) Lease land at the Grazinglands 

Research Laboratory at El Reno, 

Oklahoma, pursuant to section 7503 of 

the Food, Conservation, and Energy Act 

of 2008 (Pub. L. 110–246). 

(cxciv) Administer a competitive 

research and education grants program 

relating to antibiotics and antibioticresistant bacteria (7 U.S.C. 3202). 

(cxcv) Administer a competitive 

grants program to establish and 

maintain a Farm and Ranch Stress 

Assistance Network (7 U.S.C. 5936). 

(cxcvi) Administer a competitive 

grants program relating to seed 

distribution (7 U.S.C. 415–1). 

(cxcvii) Administer a natural products 

research program (7 U.S.C. 5937). 

(cxcviii) Administer a Sun Grants 

Program (7 U.S.C. 8114). 

(cxcix) Administer a competitive 

grants program relating to agricultural 

and rural transportation research and 

education (7 U.S.C. 5938). 

(cc) Administer a program of 

providing competitive grants to 

Hispanic-serving institutions for the 

purpose of establishing an 

undergraduate scholarship program to 

assist in the recruitment, retention, and 

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represented groups in forestry and 

related fields (16 U.S.C. 1649a). 

(cci) Administer a Biomass Research 

and Development Program (7 U.S.C. 

8108) in consultation with other 

mission areas of the Department as 

appropriate. 

(ccii) Administer a competitive grants 

program to encourage basic and applied 

research and the development of 

qualified agricultural countermeasures 

(7 U.S.C. 8921). 

(cciii) Administer a competitive 

grants program to promote the 

development of teaching programs in 

agriculture, veterinary medicine, and 

disciplines closely allied to the food and 

agriculture system to increase the 

number of trained individuals with an 

expertise in agricultural biosecurity (7 

U.S.C. 8922). 

(cciv) Administer a program of 

providing grants to Alaska Native 

serving institutions and Native 

Hawaiian serving institutions for the 

purpose of promoting and strengthening 

the ability of those institutions to carry 

out education, applied research, and 

related community development 

programs (7 U.S.C. 3156). 

* * * * * 

(8) * * * 

(xiv) Conduct surveys and analysis 

and publish reports relating to organic 

production, handling, distribution, 

retail, and trend studies (including 

consumer purchasing patterns); develop 

surveys and report statistical analysis on 

organically produced agricultural 

products (7 U.S.C. 5925c). 

(xv) Assist the Under Secretary for 

Marketing and Regulatory Programs 

with respect to Dairy Product 

Mandatory Reporting (7 U.S.C. 1637– 

1637b). 

* * * * * 

(xvii) Ensure that studies carried out 

by the Economic Research Service 

document the number, location, and 

economic contributions of socially 

disadvantaged farmers or ranchers in 

agricultural production (7 U.S.C. 

2279(h)). 

■ 8. Amend § 2.22 to add new 

paragraphs (a)(1)(viii)(HHH), 

(a)(1)(viii)(III), (a)(1)(viii)(JJJ), 

(a)(1)(viii)(KKK), (a)(1)(viii)(LLL), 

(a)(1)(viii)(MMM), (a)(1)(viii)(NNN), 

(a)(1)(viii)(OOO), (a)(1)(viii)(PPP), 

(a)(1)(xi), (a)(1)(xii), (a)(2)(xxxvi), 

(a)(2)(xxxvii), (a)(2)(xxxviii), 

(a)(2)(xxxix), (a)(2)(xl), (a)(3)(vi), and 

(b)(2)(iv), to read as follows: 

§ 2.22 Under Secretary for Marketing and 

Regulatory Programs. 

(a) * * * 

(1) * * * 

(viii) * * * 

(HHH) Section 7407 of the Farm 

Security and Rural Investment Act of 

2002 (7 U.S.C. 5925c), with respect to 

the collection and distribution of 

comprehensive reporting of prices 

relating to organically produced 

agricultural products. 

(III) Livestock Mandatory Reporting (7 

U.S.C. 1635–1636i). 

(JJJ) Section 375 of the Consolidated 

Farm and Rural Development Act (7 

U.S.C. 2008j). 

(KKK) Section 101 of the Specialty 

Crops Competitiveness Act of 2004 (7 

U.S.C. 1621 note). 

(LLL) Section 1502 of the Food, 

Conservation, and Energy Act of 2008 (7 

U.S.C. 8772). 

(MMM) Section 1509 of the Food, 

Conservation, and Energy Act of 2008 

(Pub. L. 110–246). 

(NNN) Section 10105 of the Food, 

Conservation, and Energy Act of 2008 (7 

U.S.C. 7655a). 

(OOO) Section 10107 of the Food, 

Conservation, and Energy Act of 2008 (7 

U.S.C. 1622b). 

(PPP) Section 10403 of the Food, 

Conservation, and Energy Act of 2008 (7 

U.S.C. 1622c). 

* * * * * 

(xi) Administer a program for Dairy 

Product Mandatory Reporting (7 U.S.C. 

1637–1637b), with the assistance of the 

Under Secretary for Research, 

Education, and Economics. 

(xii) Assist the Under Secretary for 

Farm and Foreign Agricultural Services 

with implementing section 3205 of the 

Food, Conservation, and Energy Act of 

2008 (22 U.S.C. 7112 note) regarding the 

Consultative Group to Eliminate the Use 

of Child Labor and Forced Labor in 

Imported Agricultural Products. 

(2) * * * 

(xxxvi) Implement the information 

disclosure authorities of section 

1619(b)(3)(A) of the Food, Conservation, 

and Energy Act of 2008 (7 U.S.C. 

8791(b)(3)(A)). 

(xxxvii) Section 7524 of the Food, 

Conservation, and Energy Act of 2008 

(21 U.S.C. 113a note), except for the 

suspension, revocation, or other 

impairment of a permit issued under 

that section. 

(xxxviii) Section 10202 of the Food, 

Conservation, and Energy Act of 2008 (7 

U.S.C. 7761). 

(xxxix) Section 10204 of the Food, 

Conservation, and Energy Act of 2008 (7 

U.S.C. 7701 note). 

(xl) Section 14216 of the Food, 

Conservation, and Energy Act of 2008 

(Pub. L. 110–246). 

(3) * * * 

(vi) Administer responsibilities and 

functions assigned to the Secretary in 

section 11006 of the Food, 

Conservation, and Energy Act of 2008 (7 

U.S.C. 228 note), with respect to the 

Packers and Stockyards Act, 1921. 

* * * * * 

(b) * * * 

(2) * * * 

(iv) The suspension, revocation, or 

other impairment of a permit issued 

under section 7524 of the Food, 

Conservation, and Energy Act of 2008 

(21 U.S.C. 113a note). 

■ 9. Amend § 2.24 to add new 

paragraphs (a)(7)(xix) and (a)(7)(xx), to 

read as follows: 

§ 2.24 Assistant Secretary for 

Administration. 

(a) * * * 

(7) * * * 

(xix) Make available to organizations 

excess or surplus computers or other 

technical equipment of the Department 

for the purpose of distribution to cities, 

towns, or local government entities in 

rural areas (7 U.S.C. 2206b). 

(xx) In coordination with the Chief 

Financial Officer, implement the 

debarment authorities in section 14211 

of the Food, Conservation, and Energy 

Act of 2008 (7 U.S.C. 2209j), in 

connection with procurement activities. 

* * * * * 

Subpart D—Delegations of Authority to 

Other General Officers and Agency 

Heads 

■ 10. Amend § 2.28 to add new 

paragraphs (b)(18) and (b)(19), to read as 

follows: 

* * * * * 

§ 2.28 Chief Financial Officer. 

* * * * * 

(b) * * * 

(18) Administer the debarment 

authorities in section 14211 of the Food, 

Conservation, and Energy Act of 2008 (7 

U.S.C. 2209j), in coordination with the 

Assistant Secretary for Administration. 

(19) Prepare and submit to Congress 

reports on conferences sponsored or 

held by the Department or attended by 

employees of the Department (7 U.S.C. 

2255b). 

■ 11. Amend § 2.29 as follows: 

■ a. Revise paragraphs (a)(11)(vii) and 

(a)(11)(viii); and 

■ b. Add a new paragraph (a)(11)(ix), to 

read as follows: 

§ 2.29 Chief Economist. 

(a) * * * 

(11) * * * 

(vii) Administer a competitive 

biodiesel fuel education grants program 

(7 U.S.C. 8106). 

(viii) Implement a memorandum of 

understanding with the Secretary of 


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Energy regarding cooperation in the 

application of hydrogen and fuel cell 

technology programs for rural 

communities and agricultural 

producers. 

(ix) Conduct a study on biofuels 

infrastructure under section 9002 of the 

Food, Conservation, and Energy Act of 

2008 (Pub. L. 110–246). 

■ 12. Revise § 2.32 to read as follows: 

§ 2.32 Director, Office of Homeland 

Security. 

(a) The following delegations of 

authority are made by the Secretary to 

the Director, Office of Homeland 

Security: 

(1) Administer the Department 

Emergency Preparedness Program. This 

includes the: 

(i) Coordination of the delegations 

and assignments made to the 

Department under the Defense 

Production Act of 1950, 50 U.S.C. App. 

2061, et seq., and 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,’’ 

12919, ‘‘National Defense Industrial 

Resources Preparedness,’’ 12656, 

‘‘Assignment of Emergency 

Preparedness Responsibilities,’’ 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 other emergency. 

(ii) Activation of 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. 

(iii) Establishment and oversight of a 

Department-wide Incident Command 

System training program. 

(iv) Development and promulgation of 

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. 

(v) Representation and liaison for the 

Department in contacts with other 

Federal entities and organizations, 

including the Department of Homeland 

Security, Federal Emergency 

Management Agency, National Security 

Council, Office of Management and 

Budget, and Department of Defense 

concerning matters of a national 

security, natural disaster, other 

emergencies, and agriculture-related 

international civil emergency planning 

and related activities, and as the 

primary USDA representative for antiterrorism activities. 

(vi) Oversight and coordination of the 

Department’s Emergency Support 

Functions as outlined in the National 

Response Framework. 

(vii) Development and submission of 

a coordinated budget request for 

homeland security. 

(viii) Provide for the personal security 

for the Secretary and the Deputy 

Secretary. 

(2) Serve as the USDA focal point to 

identify, receive, disseminate and store 

USDA intelligence requirements and 

convey information to the intelligence 

community. 

(3) Serve as the primary point of 

contact for GAO and OIG audits of 

USDA homeland security activities. 

(4) 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, 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. 

(5) Serve as the document 

classification authority for the 

Department. 

(6) Provide staff support to the USDA 

Homeland Security Council. 

(7) Establish and administer a 

communication center within the 

Department to collect and disseminate 

information and prepare for an 

agricultural disease emergency, 

agroterrorist act, or other threat to 

agricultural biosecurity, and coordinate 

such activities among agencies and 

offices within the Department (7 U.S.C. 

8912). 

(8) Administer a competitive grant 

program to support the development 

and expansion of advanced training 

programs in agricultural biosecurity 

planning and response for food science 

professionals and veterinarians; 

administer a competitive grant and lowinterest loan assistance program to assist 

States in assessing agricultural disease 

response capability (7 U.S.C. 8913). 

(b) [Reserved] 

Subpart F—Delegations of Authority 

by the Under Secretary for Farm and 

Foreign Agricultural Services 

■ 13. Amend § 2.42 as follows: 

■ a. Revise paragraphs (a)(28)(vii), 

(a)(37), and (a)(45); 

■ b. Remove and reserve paragraphs 

(a)(19), (a)(24), (a)(25), (a)(26), (a)(28)(i), 

and (a)(44); and 

■ c. Add new paragraphs (a)(28)(xii), 

(a)(51), (a)(52), (a)(53), (a)(54), (a)(55), 

(a)(56), and (a)(57), to read as follows: 

§ 2.42 Administrator, Farm Service 

Agency. 

(a) * * * 

(19) [Reserved] 

* * * * * 

(24)–(26) [Reserved] 

* * * * * 

(28) * * * 

(i) [Reserved] 

* * * * * 

(vii) Section 310B (7 U.S.C. 1932), 

regarding various Rural Development 

programs; 

* * * * * 

(xii) Section 375 (7 U.S.C. 2008j), 

relating to the National Sheep Industry 

Improvement Center. 

* * * * * 

(37) Administer loans to Indian tribes, 

tribal corporations, and purchasers of 

highly fractionated land (25 U.S.C. 488– 

492). 

* * * * * 

(44) [Reserved] 

(45) Administer all programs of the 

Commodity Credit Corporation that 

provide assistance with respect to the 

production of agricultural commodities, 

including disaster assistance and the 

domestic marketing of such 

commodities, except as may otherwise 

be reserved by the Under Secretary for 

Farm and Foreign Agricultural Services, 

and similar programs (including 

commodity quality development 

programs) consigned by statute to the 

Secretary of Agriculture unless 

otherwise delegated. 

* * * * * 

(51) Administer the feedstock 

flexibility program for bioenergy 

producers under section 9010 of the 

Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 8110) and the biomass 

crop assistance program under section 

9011 of that Act (7 U.S.C. 8111). 

(52) Administer those portions of the 

Grassland Reserve Program under 

sections 1238N–1238Q of the Food 

Security Act of 1985 (16 U.S.C. 3838n– 

3838q) that are or become the 

responsibility of the Under Secretary for 

Farm and Foreign Agricultural Services. 

(53) Administer the provisions of 

section 1240R of the Food Security Act 

of 1985 (16 U.S.C. 3839bb–5) regarding 

voluntary public access and habitat 

incentives. 

(54) Implement the authority in 

section 1241 of the Food Security Act of 

1985 (16 U.S.C. 3841) to accept and use 

voluntary contributions of non-Federal 

funds in support of natural resources 

conservation programs under subtitle D 


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of title XII of that Act with respect to 

authorities delegated to the 

Administrator, Farm Service Agency. 

(55) Coordinate Department policy 

for, and issue, receipts under section 

2501A(e) of the Food, Agriculture, 

Conservation, and Trade Act of 1990 

(7 U.S.C. 2279–1(e)). 

(56) Administer the following 

provisions of the Food, Conservation, 

and Energy Act of 2008, Public Law 

110–246: 

(i) Section 1605 relating to quality 

incentive payments for covered oilseed 

producers. 

(ii) Section 1609 relating to the 

tracking of benefits. 

(iii) Section 1612 relating to the hard 

white wheat development program. 

(iv) Section 1613 relating to the 

durum wheat quality program. 

(v) Section 1621 relating to direct 

reimbursement payments to 

geographically disadvantaged farmers or 

ranchers. 

(vi) Section 10404 relating to market 

loss assistance for asparagus producers. 

(vii) Sections 12033 and 15101 

relating to supplemental agricultural 

disaster assistance. 

(viii) Section 14212 relating to the 

closure or relocation of county or field 

offices of the Farm Service Agency. 

(ix) Section 15353(a) relating to 

information reporting for Commodity 

Credit Corporation transactions. 

(57) Implement the information 

disclosure authorities of section 

1619(b)(3)(A) of the Food, Conservation, 

and Energy Act of 2008 (7 U.S.C. 

8791(b)(3)(A)). 

* * * * * 

■ 14. Amend § 2.43 as follows: 

■ a. Revise paragraphs (a)(5), (a)(8), 

(a)(18), (a)(24), and (a)(44); 

■ b. Remove and reserve paragraph 

(a)(21); and 

■ c. Add new paragraphs (a)(46), (a)(47), 

(a)(48), and (a)(49), to read as follows: 

§ 2.43 Administrator, Foreign Agricultural 

Service. 

(a) * * * 

(5) Exercise the Department’s 

functions with respect to the 

International Coffee Agreement or any 

such future agreement. 

* * * * * 

(8) Exercise the Department’s 

responsibilities in connection with 

international negotiations of the Grains 

Trade Convention and in the 

administration of such Convention. 

* * * * * 

(18) Formulate policies and 

implement programs to promote the 

export of dairy products, as authorized 

under section 153 of the Food Security 

Act of 1985, as amended (15 U.S.C. 

713a–14). 

* * * * * 

(21) [Reserved] 

* * * * * 

(24) Plan and carry out programs and 

activities under the foreign market 

promotion authority of: The Wheat 

Research and Promotion Act (7 U.S.C. 

1292 note); the Cotton Research and 

Promotion Act (7 U.S.C. 2101–2118); the 

Potato Research and Promotion Act 

(7 U.S.C. 2611–2627); the Egg Research 

and Consumer Information Act of 1974 

(7 U.S.C. 2701–2718); the Beef Research 

and Information Act, as amended (7 

U.S.C. 2901–2911); the Wheat and 

Wheat Foods Research and Nutrition 

Education Act (7 U.S.C. 3401–3417); the 

Floral Research and Consumer 

Information Act of 1981 (7 U.S.C. 4301– 

4319); subtitle B of title I of the Dairy 

and Tobacco Adjustment Act of 1983 (7 

U.S.C. 4501–4514); the Honey Research, 

Promotion, and Consumer Information 

Act of 1984, as amended (7 U.S.C. 4601– 

4613); the Pork Promotion, Research, 

and Consumer Information Act of 1985 

(7 U.S.C. 4801–4819); the Watermelon 

Research and Promotion Act, as 

amended (7 U.S.C. 4901–4916); the 

Pecan Promotion and Research Act of 

1990 (7 U.S.C. 6001–6013); the 

Mushroom Promotion, Research, and 

Consumer Information Act of 1990 (7 

U.S.C. 6101–6112); the Lime Research, 

Promotion, and Consumer Information 

Act of 1990 (7 U.S.C. 6201–6212); the 

Soybean Promotion, Research, and 

Consumer Information Act of 1990 (7 

U.S.C. 6301–6311); the Fluid Milk 

Promotion Act of 1990 (7 U.S.C. 6401– 

6417); the Fresh Cut Flowers and Fresh 

Cut Greens Promotion and Consumer 

Information Act (7 U.S.C. 6801–6814); 

the Sheep Promotion, Research, and 

Information Act of 1994 (7 U.S.C. 7101– 

7111); the Commodity Promotion, 

Research, and Information Act of 1996 

(7 U.S.C. 7411–7425); the Canola and 

Rapeseed Research, Promotion, and 

Consumer Information Act (7 U.S.C. 

7441–7452); the National Kiwifruit 

Research, Promotion, and Consumer 

Information Act (7 U.S.C. 7461–7473); 

and, the Popcorn Promotion, Research, 

and Consumer Information Act (7 U.S.C. 

7481–7491). This authority includes 

determining the programs and activities 

to be undertaken and assuring that they 

are coordinated with the overall 

departmental programs to develop 

foreign markets for U.S. agricultural 

products. 

* * * * * 

(44) Implement section 3107 of the 

Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 1736o-1). 

* * * * * 

(46) Implement section 3205 of the 

Food, Conservation, and Energy Act of 

2008 (22 U.S.C. 7112 note) regarding the 

Consultative Group to Eliminate the Use 

of Child Labor and Forced Labor in 

Imported Agricultural Products, in 

consultation with the Administrator of 

the Agricultural Marketing Service. 

(47) Implement section 3206 of the 

Food, Conservation, and Energy Act of 

2008 (7 U.S.C. 1726c) regarding local 

and regional food aid procurement 

projects. 

(48) Administer the Borlaug 

International Agricultural Science and 

Technology Fellowship Program (7 

U.S.C. 3319j). 

(49) Administer the grant program for 

agricultural biotechnology research and 

development for developing countries 

(7 U.S.C. 7631). 

* * * * * 

■ 15. Amend § 2.44 to add a new 

paragraph (a)(4), to read as follows: 

§ 2.44 Administrator, Risk Management 

Agency and Manager, Federal Crop 

Insurance Corporation. 

(a) * * * 

(4) Conduct a study and issue a report 

on the efficacy and accuracy of the 

application of pack factors regarding the 

measurement of farm-stored production 

for purposes of providing policies or 

plans of insurance under the Federal 

Crop Insurance Act (7 U.S.C. 1501 et 

seq.). 

* * * * * 

Subpart G—Delegations of Authority 

by the Under Secretary for Rural 

Development 

■ 16. Amend § 2.47 as follows: 

■ a. Remove and reserve paragraph 

(a)(4)(xi); and 

■ b. Add a new paragraph (a)(16), to 

read as follows: 

§ 2.47 Administrator, Rural Utilities 

Service. 

(a) * * * 

(4) * * * 

(xi) [Reserved] 

* * * * * 

(16) In coordination with the 

Administrator, Farm Service Agency, 

issue receipts under section 2501A(e) of 

the Food, Agriculture, Conservation, 

and Trade Act of 1990 (7 U.S.C. 2279– 

1(e)) 

* * * * * 

■ 17. Amend § 2.48 as follows: 

■ a. Redesignate paragraph (a)(2)(viii) as 

(a)(2)(xiii); 


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■ b. Revise paragraphs (a)(2)(iv) and 

(a)(30); 

■ c. Remove and reserve paragraph 

(a)(2)(ii); and 

■ d. Add new paragraphs (a)(2)(viii), 

(a)(2)(ix), (a)(2)(x), (a)(2)(xi), (a)(2)(xii), 

(a)(2)(xiv), (a)(31), and (a)(32), to read as 

follows: 

§ 2.48 Administrator, Rural BusinessCooperative Service. 

(a) * * * 

(2) * * * 

(ii) [Reserved] 

* * * * * 

(iv) Section 310B (7 U.S.C. 1932), 

relating to various Rural Development 

programs, except for subsection (b) of 

that section. 

* * * * * 

(viii) Section 379E (7 U.S.C. 2008s) 

relating to the Rural Microentrepreneur 

Assistance Program. 

(ix) Section 379F (7 U.S.C. 2000t) 

relating to the Expansion of 

Employment Opportunities for 

Individuals with Disabilities in Rural 

Areas Program. 

(x) Section 379G (7 U.S.C. 2008u) 

relating to Health Care Services. 

(xi) Section 382A et seq. (7 U.S.C. 

2009aa et seq.) relating to the Delta 

Regional Authority. 

(xii) Section 383A et seq. (7 U.S.C. 

2009bb et seq.) relating to the Northern 

Great Plains Regional Authority. 

* * * * * 

(xiv) Section 385A et seq. (7 U.S.C. 

2009dd et seq.) relating to the Rural 

Collaborative Investment Program. 

* * * * * 

(30) Administer the renewable energy 

programs authorized in sections 9003, 

9004, 9005, 9007, and 9009 of the Farm 

Security and Rural Investment Act of 

2002 (7 U.S.C. 8103, 8104, 8105, 8107, 

and 8109). 

(31) Implement the information 

disclosure authorities of section 

1619(b)(3)(A) of the Food, Conservation, 

and Energy Act of 2008 (7 U.S.C. 

8791(b)(3)(A)). 

(32) In coordination with the 

Administrator, Farm Service Agency, 

issue receipts under section 2501A(e) of 

the Food, Agriculture, Conservation, 

and Trade Act of 1990 (7 U.S.C. 2279– 

1(e)). 

* * * * * 

■ 18. Amend § 2.49 to add new 

paragraphs (a)(12) and (a)(13), to read as 

follows: 

§ 2.49 Administrator, Rural Housing 

Service. 

(a) * * * 

(12) Implement the information 

disclosure authorities of section 

1619(b)(3)(A) of the Food, Conservation, 

and Energy Act of 2008 (7 U.S.C. 

8791(b)(3)(A)). 

(13) In coordination with the 

Administrator, Farm Service Agency, 

issue receipts under section 2501A(e) of 

the Food, Agriculture, Conservation, 

and Trade Act of 1990 (7 U.S.C. 2279– 

1(e)). 

* * * * * 

Subpart H—Delegations of Authority 

by the Under Secretary for Food Safety 

■ 19. Amend § 2.53 to revise paragraphs 

(a)(2)(i) and (a)(2)(ii), to read as follows: 

§ 2.53 Administrator, Food Safety and 

Inspection Service. 

(a) * * * 

(2) * * * 

(i) Poultry Products Inspection Act, as 

amended (21 U.S.C. 451–470, 472); 

(ii) Federal Meat Inspection Act, as 

amended, and related legislation, 

excluding so much of section 18 as 

pertains to issuance of certificates of 

condition of live animals intended and 

offered for export (21 U.S.C. 601–613, 

615–624, 641–645, 661, 671–680, 683, 

691–692, 694–695); 

* * * * * 

Subpart I—Delegations of Authority by 

the Under Secretary for Food, 

Nutrition, and Consumer Services 

■ 20. Amend § 2.57 as follows: 

■ a. Revise paragraphs (a)(1)(i), (a)(1)(ii), 

(a)(3), (a)(4), and (a)(6); 

■ b. Remove and reserve paragraph 

(a)(2)(vi); and 

■ c. Add new paragraphs (a)(1)(vii), 

(a)(1)(viii), (a)(1)(ix), (a)(1)(x), (a)(1)(xi), 

(a)(1)(xii), and (a)(1)(xiii), to read as 

follows: 

§ 2.57 Administrator, Food and Nutrition 

Service. 

(a) * * * 

(1) * * * 

(i) The Food and Nutrition Act of 

2008, as amended (7 U.S.C. 2011–2036), 

except for section 25, regarding 

assistance for community food projects. 

(ii) Richard B. Russell National 

School Lunch Act, as amended (42 

U.S.C. 1751–1769i), except procurement 

of agricultural commodities and other 

foods under section 6 thereof. 

* * * * * 

(vii) Section 4403 of the Farm 

Security and Rural Investment Act of 

2002 (7 U.S.C. 3171 note). 

(viii) Section 4404 of the Farm 

Security and Rural Investment Act of 

2002 (2 U.S.C. 1161). 

(ix) Section 4142 of the Food, 

Conservation, and Energy Act of 2008 

(Pub. L. 110–246). 

(x) Section 4301 of the Food, 

Conservation, and Energy Act of 2008 

(42 U.S.C. 1758a). 

(xi) Section 4305 of the Food, 

Conservation, and Energy Act of 2008 

(42 U.S.C. 1755a). 

(xii) Section 4307 of the Food, 

Conservation, and Energy Act of 2008 

(Pub. L. 110–246). (xiii) Section 4405 of 

the Food, Conservation, and Energy Act 

of 2008 (7 U.S.C. 7517). 

(2) * * * 

(vi) [Reserved] 

* * * * * 

(3) Administer those functions 

relating to the distribution of 

supplemental nutrition assistance 

program benefits under section 412 of 

the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 

U.S.C. 5179). 

(4) In connection with the functions 

assigned in paragraphs (a)(1), (a)(2), and 

(a)(3) of this section, relating to the 

distribution and donation of agricultural 

commodities and products thereof and 

supplemental nutrition assistance 

program benefits to eligible recipients, 

authority to determine the requirements 

for such agricultural commodities and 

products thereof and supplemental 

nutrition assistance program benefits to 

be so distributed. 

* * * * * 

(6) Authorize defense emergency 

supplemental nutrition assistance 

program benefits. 

* * * * * 

Subpart J—Delegations of Authority by 

the Under Secretary for Natural 

Resources and Environment 

■ 21. Amend § 2.60 by adding new 

paragraphs (a)(50), (a)(51), (a)(52), and 

(a)(53), to read as follows: 

§ 2.60 Chief, Forest Service. 

(a) * * * 

(50) Implement the information 

disclosure authorities of section 

1619(b)(3)(A) of the Food, Conservation, 

and Energy Act of 2008 (7 U.S.C. 

8791(b)(3)(A)). 

(51) Administer a program, through 

the Deputy Chief of State and Private 

Forestry, for providing loans to eligible 

units of local government to finance the 

purchase of equipment to monitor, 

remove, dispose of, and replace infested 

trees located under their jurisdiction 

and within the borders of quarantined 

areas (16 U.S.C. 2104a). 

(52) Conduct a competitive research 

and development program to encourage 

the use of forest biomass for energy (7 

U.S.C. 8112). 

(53) Administer the community wood 

energy program providing grants for 


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community wood energy plans and 

energy systems (7 U.S.C. 8113). 

* * * * * 

■ 22. Amend § 2.61 as follows: 

■ a. Revise paragraphs (a)(4)(vii), 

(a)(13)(iv), and (a)(13)(xiv); and 

■ b. Add new paragraphs (a)(13)(xv), 

(a)(13)(xvi), (a)(13)(xvii), (a)(13)(xviii), 

(a)(19), (a)(26), (a)(27), and (a)(28), to 

read as follows: 

§ 2.61 Chief, Natural Resources 

Conservation Service. 

(a) * * * 

(4) * * * 

(vii) The Emergency Conservation 

Program and the Emergency Watershed 

Protection Program under sections 401– 

405 of the Agricultural Credit Act of 

1978, 16 U.S.C. 2201–2205, except for 

the provisions of sections 401 and 402, 

16 U.S.C. 2201–2202, as administered 

by the Farm Service Agency. 

* * * * * 

(13) * * * 

(iv) The Conservation Security 

Program authorized by sections 1238– 

1238C (16 U.S.C. 3838–3838c) and the 

Conservation Stewardship Program 

authorized by sections 1238D–1238G 

(16 U.S.C. 3838d–3838g). 

* * * * * 

(xiv) The incentives for certain 

farmers and ranchers and Indian tribes 

and the protection of certain proprietary 

information related to natural resources 

conservation programs as provided by 

section 1244 of the Act (16 U.S.C. 3844), 

except for responsibilities assigned to 

the Administrator, Farm Service 

Agency. 

(xv) The Agriculture Conservation 

Experienced Services Program 

authorized by section 1252 of the Act 

(16 U.S.C. 3851). 

(xvi) The authority under sections 

1261–1262 of the Act (16 U.S.C. 3861– 

3862) to establish and utilize State 

Technical Committees. 

(xvii) Those portions of the Grassland 

Reserve Program under sections 1238N– 

1238Q of the Act (16 U.S.C. 3838n– 

3838q) that are or become the 

responsibility of the Under Secretary for 

Natural Resources and Environment. 

(xviii) The authority in section 1241 

of the Act (16 U.S.C. 3841) to accept and 

use voluntary contributions of nonFederal funds in support of natural 

resources conservation programs under 

subtitle D of title XII of the Act with 

respect to authorities delegated to the 

Chief, Natural Resources Conservation 

Service. 

* * * * * 

(19) Administer the Healthy Forests 

Reserve Program authorized by sections 

501–508, Title V of the Healthy Forests 

Restoration Act of 2003 (16 U.S.C. 

6571–6578). 

* * * * * 

(26) Implement the information 

disclosure authorities of section 

1619(b)(3)(A) of the Food, Conservation, 

and Energy Act of 2008 (7 U.S.C. 

8791(b)(3)(A)). 

(27) In coordination with the 

Administrator, Farm Service Agency, 

issue receipts under section 2501A(e) of 

the Food, Agriculture, Conservation, 

and Trade Act of 1990 (7 U.S.C. 2279– 

1(e)). 

(28) Authorize employees of the 

Natural Resources Conservation Service 

to carry and use firearms for personal 

protection while conducting field work 

in remote locations in the performance 

of their official duties (7 U.S.C. 2274a). 

* * * * * 

Subpart K—Delegations of Authority 

by the Under Secretary for Research, 

Education, and Economics 

■ 23. Amend § 2.65 as follows: 

■ a. Remove and reserve paragraph 

(a)(46); 

■ b. Revise paragraph (a)(12); and 

■ c. Add new paragraphs (a)(108), 

(a)(109), (a)(110), (a)(111), and (a)(112), 

to read as follows: 

§ 2.65 Administrator, Agricultural 

Research Service. 

(a) * * * 

(12) Conduct research under the IR– 

4 program (7 U.S.C. 450i(e)). 

* * * * * 

(46) [Reserved] 

* * * * * 

(108) Exchange, sell, or otherwise 

dispose of animals, animal products, 

plants, and plant products, and use the 

sale or other proceeds to acquire such 

items or to offset costs related to the 

maintenance, care, or feeding of such 

items (7 U.S.C. 2241a). 

(109) Establish and administer a pilot 

program at the Beltsville Agricultural 

Research Center and National 

Agricultural Library to lease nonexcess 

property (7 U.S.C. 3125a note). 

(110) Lease land at the Grazinglands 

Research Laboratory at El Reno, 

Oklahoma, pursuant to section 7503 of 

the Food, Conservation, and Energy Act 

of 2008 (Pub. L. 110–246). 

(111) Administer a natural products 

research program (7 U.S.C. 5937). 

(112) Provide staff support to the 

Under Secretary for Research, 

Education, and Economics related to the 

National Agricultural Research, 

Extension, Education, and Economics 

Advisory Board (7 U.S.C. 3123). 

* * * * * 

■ 24. Amend § 2.66 as follows: 

■ a. Remove and reserve paragraphs 

(a)(14), (a)(15), (a)(38), (a)(46), (a)(111), 

(a)(124), (a)(125), (a)(126), and (a)(127); 

■ b. Revise paragraphs (a)(7), (a)(8), 

(a)(13), (a)(62), (a)(102), (a)(120), and 

(a)(123); and 

■ c. Add new paragraphs (a)(142), 

(a)(143), (a)(144), (a)(145), (a)(146), 

(a)(147), (a)(148), (a)(149), (a)(150), 

(a)(151), (a)(152), (a)(153), (a)(154), 

(a)(155), (a)(156), (a)(157), (a)(158), and 

(a)(159); to read as follows: 

§ 2.66 Administrator, Cooperative State 

Research, Education, and Extension 

Service. 

(a) * * * 

(7) Administer the Agriculture and 

Food Research Initiative for competitive 

grants for fundamental and applied 

research, extension, and education to 

address food and agricultural sciences 

(7 U.S.C. 450i(b)). 

(8) Administer a program of making 

special grants for research, extension, or 

education activities (7 U.S.C. 450i(c)). 

* * * * * 

(13) Promote and strengthen higher 

education in the food and agricultural 

sciences; administer grants to colleges 

and universities; maintain a national 

food and agricultural education 

information system; conduct programs 

regarding the evaluation of teaching 

programs and continuing education; 

administer the National Food and 

Agricultural Sciences Teaching, 

Extension, and Research Awards 

Program to recognize and promote 

excellence in teaching, extension, and 

research in the food and agricultural 

sciences; administer programs relating 

to secondary education and 2-year 

postsecondary education, including 

grants to public secondary schools, 

institutions of higher education that 

award an associate’s degree, other 

institutions of higher education, and 

nonprofit organizations; and report to 

Congress on the distribution of funds to 

carry out such teaching programs (7 

U.S.C. 3152). 

(14)–(15) [Reserved] 

* * * * * 

(38) [Reserved] 

* * * * * 

(46) [Reserved] 

* * * * * 

(62) Administer a cooperative 

agricultural extension program relating 

to agriculture, uses of solar energy with 

respect to agriculture, home economics, 

and rural energy in the District of 

Columbia (DC Code 38–1202.09). 

* * * * * 

(102) Implement and administer the 

Community Food Projects Program, 

Innovative Programs for Addressing 


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Common Community Problems, and the 

Healthy Urban Food Enterprise Center 

pursuant to the provisions of section 25 

of the Food and Nutrition Act of 2008 

(7 U.S.C. 2034). 

* * * * * 

(111) [Reserved] 

* * * * * 

(120) Solicit and consider input and 

recommendations from persons who 

conduct or use agricultural research, 

extension, or education; ensure that 

Federally supported and conducted 

agricultural research, extension, and 

education activities are accomplished in 

accord with identified management 

principles; and promulgate regulations 

concerning implementation of a process 

for obtaining stakeholder input at 1862, 

1890, and 1994 Institutions and 

Hispanic-serving agricultural colleges 

and universities (7 U.S.C. 7612(b), (c), 

and (d)). 

* * * * * 

(123) Require a procedure to be 

established by each 1862, 1890, and 

1994 Institution and Hispanic-serving 

agricultural college and university, for 

merit review of each agricultural 

research and extension activity funded 

and review of the activity in accordance 

with the procedure (7 U.S.C. 7613(e)). 

(124) [Removed and reserved] 

* * * * * 

(142) Administer grants to assist the 

land-grant university in the District of 

Columbia to acquire, alter, or repair 

facilities or relevant equipment 

necessary for conducting agricultural 

research (7 U.S.C. 3222b–1). 

(143) Administer grants to assist the 

land-grant institutions in insular areas 

to acquire, alter, or repair facilities or 

relevant equipment necessary for 

conducting agricultural research (7 

U.S.C. 3222b–2). 

(144) Enter into agreements necessary 

to administer an Hispanic-Serving 

Agricultural Colleges and Universities 

Fund; enter into agreements necessary 

to administer a program of making 

annual payments to Hispanic-serving 

agricultural colleges and universities; 

administer an institutional capacitybuilding grants program for Hispanicserving agricultural colleges and 

universities; administer a competitive 

grants program to fund fundamental and 

applied research at Hispanic-serving 

agricultural colleges and universities (7 

U.S.C. 3243). 

(145) Administer the New Era Rural 

Technology Program to make grants for 

technology development, applied 

research, and training to aid in the 

development of an agriculture-based 

renewable energy workforce (7 U.S.C. 

3319e). 

(146) Administer a competitive grants 

program to assist NLGCA Institutions in 

maintaining and expanding capacity to 

conduct education, research, and 

outreach activities relating to 

agriculture, renewable resources, and 

other similar disciplines (7 U.S.C. 

3319i). 

(147) Administer the Agricultural 

Bioenergy Feedstock and Energy 

Efficiency Research and Extension 

Initiative to enhance the production of 

biomass energy crops and the energy 

efficiency of agricultural operations (7 

U.S.C. 5925e). 

(148) Administer a competitive 

research and extension grants program 

to improve the farm management 

knowledge and skills of agricultural 

producers and establish and maintain a 

national, publicly available farm 

financial management database to 

support improved farm management (7 

U.S.C. 5925f). 

(149) Administer the Specialty Crop 

Research Initiative (7 U.S.C. 7632). 

(150) Administer a competitive 

research and education grants program 

relating to antibiotics and antibioticresistant bacteria (7 U.S.C. 3202). 

(151) Administer a competitive grants 

program to establish and maintain a 

Farm and Ranch Stress Assistance 

Network (7 U.S.C. 5936). 

(152) Administer a competitive grants 

program relating to seed distribution (7 

U.S.C. 415–1). 

(153) Administer a Sun Grants 

Program (7 U.S.C. 8114). 

(154) Administer a competitive grants 

program relating to agricultural and 

rural transportation research and 

education (7 U.S.C. 5938). 

(155) Administer a program of 

providing competitive grants to 

Hispanic-serving institutions for the 

purpose of establishing an 

undergraduate scholarship program to 

assist in the recruitment, retention, and 

training of Hispanics and other underrepresented groups in forestry and 

related fields (16 U.S.C. 1649a). 

(156) Administer the Biomass 

Research and Development Initiative 

(7 U.S.C. 8108(e)). 

(157) Administer a competitive grants 

program to encourage basic and applied 

research and the development of 

qualified agricultural countermeasures 

(7 U.S.C. 8921). 

(158) Administer a competitive grants 

program to promote the development of 

teaching programs in agriculture, 

veterinary medicine, and disciplines 

closely allied to the food and agriculture 

system to increase the number of trained 

individuals with an expertise in 

agricultural biosecurity (7 U.S.C. 8922). 

(159) Administer a program of 

providing grants to Alaska Native 

serving institutions and Native 

Hawaiian serving institutions for the 

purpose of promoting and strengthening 

the ability of those institutions to carry 

out education, applied research, and 

related community development 

programs (7 U.S.C. 3156). 

* * * * * 

■ 25. Amend § 2.67 to add new 

paragraphs (a)(19) and (a)(20), to read as 

follows: 

§ 2.67 Administrator, Economic Research 

Service. 

(a) * * * 

(19) Conduct surveys and analysis 

and publish reports relating to organic 

production, handling, distribution, 

retail, and trend studies (including 

consumer purchasing patterns) (7 U.S.C. 

5925c). 

(20) Ensure that studies carried out by 

the Economic Research Service 

document the number, location, and 

economic contributions of socially 

disadvantaged farmers or ranchers in 

agricultural production (7 U.S.C. 

2279(h)). 

* * * * * 

■ 26. Amend § 2.68 to revise paragraphs 

(a)(9), (a)(10), and (a)(11), to read as 

follows: 

§ 2.68 Administrator, National Agricultural 

Statistics Service. 

(a) * * * 

(9) Take a census of agriculture in 

1998 and every fifth year thereafter 

pursuant to the Census of Agriculture 

Act of 1997, Public Law 105–113 (7 

U.S.C. 2204g); ensure that the census of 

agriculture documents the number, 

location, and economic contributions of 

socially disadvantaged farmers or 

ranchers in agricultural production (7 

U.S.C. 2279(h)). 

(10) Develop surveys and report 

statistical analysis on organically 

produced agricultural products (7 U.S.C. 

5925c). 

(11) Assist the Administrator, 

Agricultural Marketing Service with 

respect to Dairy Product Mandatory 

Reporting (7 U.S.C. 1637–1637b). 

* * * * * 

Subpart L—Delegations of Authority 

by the Chief Economist 

■ 27. Amend § 2.73 as follows: 

■ a. Revise paragraphs (a)(8) and (a)(9); 

and 

■ b. Add a new paragraph (a)(10), to 

read as follows: 

§ 2.73 Director, Office of Energy Policy 

and New Uses. 

(a) * * * 


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Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Rules and Regulations 3411 

(8) Administer a competitive biodiesel 

fuel education grants program (7 U.S.C. 

8106). 

(9) Implement a memorandum of 

understanding with the Secretary of 

Energy regarding cooperation in the 

application of hydrogen and fuel cell 

technology programs for rural 

communities and agricultural 

producers. 

(10) Conduct a study on biofuels 

infrastructure under section 9002 of the 

Food, Conservation, and Energy Act of 

2008 (Pub. L. 110–246). 

* * * * * 

Subpart N—Delegations of Authority 

by the Under Secretary for Marketing 

and Regulatory Programs 

■ 28. Amend § 2.79 as follows: 

■ a. Revise paragraph (a) introductory 

text; and 

■ b. Add new paragraphs (a)(8)(lxviii), 

(a)(8)(lxix), (a)(8)(lxx), (a)(8)(lxxi), 

(a)(8)(lxxii), (a)(8)(lxxiii), (a)(8)(lxxiv), 

(a)(8)(lxxv), (a)(8)(lxxvi), (a)(13), and 

(a)(14), to read as follows: 

§ 2.79 Administrator, Agricultural 

Marketing Service. 

(a) Delegations. Pursuant to 

§ 2.22(a)(1), (a)(5) and (a)(8), subject to 

reservations in § 2.22(b)(1), the 

following delegations of authority are 

made by the Under Secretary for 

Marketing and Regulatory Programs to 

the Administrator, Agricultural 

Marketing Service: 

* * * * * 

(8) * * * 

(lxviii) Section 7407 of the Farm 

Security and Rural Investment Act of 

2002 (7 U.S.C. 5925c), with respect to 

the collection and distribution of 

comprehensive reporting of prices 

relating to organically produced 

agricultural products. 

(lxix) Livestock Mandatory Reporting 

(7 U.S.C. 1635–1636i). 

(lxx) Section 375 of the Consolidated 

Farm and Rural Development Act (7 

U.S.C. 2008j). 

(lxxi) Section 101 of the Specialty 

Crops Competitiveness Act of 2004 (7 

U.S.C. 1621 note). 

(lxxii) Section 1502 of the Food, 

Conservation, and Energy Act of 2008 

(7 U.S.C. 8772). 

(lxxiii) Section 1509 of the Food, 

Conservation, and Energy Act of 2008 

(Pub. L. 110–246). 

(lxxiv) Section 10105 of the Food, 

Conservation, and Energy Act of 2008 

(7 U.S.C. 7655a). 

(lxxv) Section 10107 of the Food, 

Conservation, and Energy Act of 2008 

(7 U.S.C. 1622b). 

(lxxvi) Section 10403 of the Food, 

Conservation, and Energy Act of 2008 

(7 U.S.C. 1622c). 

* * * * * 

(13) Administer a program for Dairy 

Product Mandatory Reporting (7 U.S.C. 

1637–1637b), with the assistance of the 

Administrator, National Agricultural 

Statistics Service. 

(14) Assist the Administrator of the 

Foreign Agricultural Service with 

implementing section 3205 of the Food, 

Conservation, and Energy Act of 2008 

(22 U.S.C. 7112 note) regarding the 

Consultative Group to Eliminate the Use 

of Child Labor and Forced Labor in 

Imported Agricultural Products. 

* * * * * 

■ 29. Amend § 2.80 to add new 

paragraphs (a)(42), (a)(43), (a)(44), 

(a)(45), and (a)(46), to read as follows: 

§ 2.80 Administrator, Animal and Plant 

Health Inspection Service. 

(a) * * * 

(42) Implement the information 

disclosure authorities of section 

1619(b)(3)(A) of the Food, Conservation, 

and Energy Act of 2008 (7 U.S.C. 

8791(b)(3)(A)). 

(43) Section 7524 of the Food, 

Conservation, and Energy Act of 2008 

(21 U.S.C. 113a note), except for the 

suspension, revocation, or other 

impairment of a permit issued under 

that section. 

(44) Section 10202 of the Food, 

Conservation, and Energy Act of 2008 

(7 U.S.C. 7761). 

(45) Section 10204 of the Food, 

Conservation, and Energy Act of 2008 

(7 U.S.C. 7701 note). 

(46) Section 14216 of the Food, 

Conservation, and Energy Act of 2008 

(Pub. L. 110–246). 

* * * * * 

■ 30. Amend § 2.81 as follows: 

■ a. Revise paragraph (a) introductory 

text; 

■ b. Redesignate paragraphs (a)(6) and 

(a)(7) as paragraphs (a)(7) and (a)(8), 

respectively; and 

■ c. Add a new paragraph (a)(6), to read 

as follows: 

§ 2.81 Administrator, Grain Inspection, 

Packers and Stockyards Administration. 

(a) Delegations. Pursuant to 

§§ 2.22(a)(3) and (a)(9), the following 

delegations of authority are made by the 

Under Secretary for Marketing and 

Regulatory Programs to the 

Administrator, Grain Inspection, 

Packers and Stockyards Administration: 

* * * * * 

(6) Administer responsibilities and 

functions assigned to the Secretary in 

section 11006 of the Food, 

Conservation, and Energy Act of 2008 (7 

U.S.C. 228 note), with respect to the 

Packers and Stockyards Act, 1921. 

* * * * * 

Subpart P—Delegations of Authority 

by the Assistant Secretary for 

Administration 

■ 31. Amend § 2.93 to add new 

paragraphs (a)(19) and (a)(20), to read as 

follows: 

§ 2.93 Director, Office of Procurement and 

Property Management. 

(a) * * * 

(19) Make available to organizations 

excess or surplus computers or other 

technical equipment of the Department 

for the purpose of distribution to cities, 

towns, or local government entities in 

rural areas (7 U.S.C. 2206b). 

(20) In coordination with the Chief 

Financial Officer, implement the 

debarment authorities in section 14211 

of the Food, Conservation, and Energy 

Act of 2008 (7 U.S.C. 2209j), in 

connection with procurement activities. 

* * * * * 

Dated: January 9, 2009. 

For Part 2, Subparts C and D: 

Edward T. Schafer, 

Secretary of Agriculture. 

For Part 2, Subpart F: 

Dated: January 12, 2009. 

Floyd D. Gaibler, 

Acting Under Secretary for Farm and Foreign 

Agricultural Services. 

For Part 2, Subpart G: 

Dated: January 12, 2009. 

Douglas L. Faulkner, 

Acting Under Secretary for Rural 

Development. 

For Part 2, Subpart H: 

Dated: January 12, 2009. 

H. Scott Hurd, 

Acting Under Secretary for Food Safety. 

For Part 2, Subpart I: 

Dated: January 12, 2009. 

Nancy Montanez Johner, 

Under Secretary for Food, Nutrition, and 

Consumer Services. 

For Part 2, Subpart J: 

Dated: January 13, 2009. 

Mark E. Rey, 

Under Secretary for Natural Resources and 

Environment. 

For Part 2, Subpart K: 

Dated: January 12, 2009. 

Gale A. Buchanan, 

Under Secretary for Research, Education, and 

Economics. 

For Part 2, Subpart L: 


jlentini on PROD1PC65 with RULES
3412 Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Rules and Regulations 

Dated: January 9, 2009. 

Joseph Glauber, 

Chief Economist. 

For Part 2, Subpart M: 

Dated: January 12, 2009. 

Charles R. Christopherson, Jr., 

Chief Financial Officer. 

For Part 2, Subpart N: 

Dated: January 9, 2009. 

Bruce I. Knight, 

Under Secretary for Marketing and Regulatory 

Programs. 

For Part 2, Subpart P: 

Dated: January 13, 2009. 

Boyd K. Rutherford, 

Assistant Secretary for Administration. 

[FR Doc. E9–976 Filed 1–16–09; 8:45 am] 

BILLING CODE 3410–90–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 925 and 944 

[Doc. No. AMS–FV–06–0184; FV03–925–1 

IFR] 

Grapes Grown in a Designated Area of 

Southeastern California and Imported 

Table Grapes; Change in Regulatory 

Periods 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule revises the 

regulatory period when minimum grade, 

size, quality, and maturity requirements 

apply to southeastern California grapes 

under Marketing Order No. 925 (order), 

and to imported grapes under the table 

grape import regulation, from April 20 

through August 15 of each year to April 

10 through July 10 of each year. The 

order regulates the handling of grapes 

grown in a designated area of 

southeastern California and is 

administered locally by the California 

Desert Grape Administrative Committee 

(Committee). The change to the 

regulatory period beginning date is 

needed to ensure that imported table 

grapes marketed in competition with 

domestic grapes are subject to the grade, 

size, quality, and maturity requirements 

of the order. Section 8e of the 

Agricultural Marketing Agreement Act 

of 1937 (Act) provides authority for 

such change. The change to the 

regulatory period ending date is needed 

to realign the regulatory period with 

current shipping trends for grapes in the 

order’s production area. This rule also 

clarifies the maturity (soluble solids) 

requirements for southeastern California 

and imported Flame Seedless variety 

grapes. 

DATES: Effective Date: January 24, 2009; 

comments received by March 23, 2009, 

will be considered prior to issuance of 

a final rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938; or Internet: http:// 

www.regulations.gov. All comments 

should reference the docket number and 

the date and page number of this issue 

of the Federal Register and will be 

made available for public inspection in 

the Office of the Docket Clerk during 

regular business hours, or can be viewed 

at: http://www.regulations.gov. All 

comments submitted in response to this 

rule will be included in the record and 

will be made available to the public. 

Please be advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

Internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Barry Broadbent, Northwest Marketing 

Field Office, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1220 

SW Third Avenue, Suite 385, Portland, 

Oregon 97204; Telephone: (503) 326– 

2724, Fax: (503) 326–7440, or E-mail: 

Barry.Broadbent@usda.gov; or Kurt 

Kimmel, California Marketing Field 

Office, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 2202 Monterey Street, 

Suite 102B, Fresno, California 93721; 

Telephone: (559) 487–5901, Fax: (559) 

487–5906, or E-mail: 

Kurt.Kimmel@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

and Marketing Order No. 925 (7 CFR 

part 925), regulating the handling of 

grapes grown in a designated area of 

southeastern California, hereinafter 

referred to as the ‘‘order.’’ The order is 

effective under the Agricultural 

Marketing Agreement Act of 1937, as 

amended (7 U.S.C. 601–674), hereinafter 

referred to as the ‘‘Act.’’ 

This rule is also issued under section 

8e of the Act, which provides that 

whenever certain specified 

commodities, including table grapes, are 

regulated under a Federal marketing 

order, imports of these commodities 

into the United States are prohibited 

unless they meet the same or 

comparable grade, size, quality, or 

maturity requirements as those in effect 

for the domestically produced 

commodities. The table grape import 

regulation is specified in § 944.503 (7 

CFR part 944.503). 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This action is not intended to 

have retroactive effect. This rule will 

not preempt any State or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing, USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

There are no administrative 

procedures that must be exhausted prior 

to any judicial challenge to the 

provisions of import regulations issued 

under section 8e of the Act. 

Introduction 

This rule revises the beginning and 

ending dates of the regulatory period 

when minimum grade, size, quality, and 

maturity requirements apply to 

southeastern California grapes under 

Marketing Order No. 925 (order), and to 

imported grapes under the table grape 

import regulation. The revised 

regulatory period also applies to pack 

and container requirements issued 

under the order. The previous 

regulatory period for both domestic and 


jlentini on PROD1PC65 with RULES