Organization, functions, and authority delegations: Natural Resources and Environment, Under Secretary,

[Federal Register: June 18, 1999 (Volume 64, Number 117)]

[Rules and Regulations]

[Page 32797]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr18jn99-1]

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[[Page 32797]]

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 2

Revision of Delegations of Authority

AGENCY: Department of Agriculture.

ACTION: Final rule.

SUMMARY: This document revises the delegations of authority from the Secretary of Agriculture and general officers of the Department to delegate to the Under Secretary for Natural Resources and Environment, to be exercised only with the concurrence of the General Counsel, the authority vested in the Secretary pursuant to Executive Order No. 12580, as amended by Executive Order No. 13016, to take enforcement action, including the issuance of administrative orders, under sections 106(a) and 122 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), 42 U.S.C. 9606(a), 9622.

EFFECTIVE DATE: June 18, 1999.

FOR FURTHER INFORMATION CONTACT: Terry Harwood, Executive Director, Hazardous Materials Policy Council, United States Department of Agriculture, 324 25th Street, Ogden, Utah 84401, telephone (801) 625- 5196.

SUPPLEMENTARY INFORMATION: Pursuant to section 106(a) of CERCLA, 42 U.S.C. 9606(a), when the President determines that there may be an imminent and substantial endangerment to the public health or welfare or the environment because of an actual or threatened release of hazardous substance, the President, after notice to the affected State, may take such action as may be necessary, including issuance of administrative orders, to protect public health and welfare and the environment. Pursuant to section 122 of CERCLA, 42 U.S.C. 9622, the President may enter into an agreement with any person to perform any response action if the President determines that such action will be done properly by such person. Executive Order No. 12580, as amended by Executive Order 13016 (61 FR 45871, Aug. 30, 1996), delegated the functions vested in the President by sections 106(a) and 122 (except subsection (b)(1)) of CERCLA to the Secretary of Agriculture with respect to any release or threatened release affecting natural resources under the Secretary's trusteeship or a vessel or facility subject to the Secretary's custody, jurisdiction, or control. This document amends the formal delegations of authority by the Secretary of Agriculture and General Officers of the Department to reflect the previous internal delegation by the Secretary to the Under Secretary for Natural Resources and Environment, to be exercised only with the concurrence of the General Counsel, of the authority to take enforcement action, including the issuance of administrative orders, under sections 106(a) and 122 of CERCLA.

This rule relates to internal agency management. Therefore pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity for comment are not required. Further, since this rule relates to internal agency management, it is exempt from the provisions of Executive Order Nos. 12866 and 12988. In addition, this action is not a rule as defined by the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., and, thus, is exempt from the provisions of that Act. Accordingly, as authorized by section 808 of the Small Business Regulatory Flexibility Act of 1996, Public Law 104-121, this rule may be made effective upon publication in the Federal Register.

List of Subjects in 7 CFR Part 2

Authority delegations (Government agencies).

Accordingly, 7 CFR part 2 is amended as follows:

PART 2--DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE AND GENERAL OFFICERS OF THE DEPARTMENT

1. The authority citation for part 2 continues to read as follows;

   Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C. 301; Reorganization Plan No. 2 of 1953; 3 CFR, 1949-1953 Comp., p. 1024.

   Subpart C--Delegations of Authority to the Deputy Secretary, the Under Secretaries and Assistant Secretaries

2. In Sec. 2.20, paragraph (a)(1)(vii) is added to read as follows:

   Sec. 2.20 Under Secretary for Natural Resources and Environment.

   (a) * * *

   (1) * * *

   (vii) Take such action as may be necessary, including issuance of administrative orders, and enter into agreements with any person to perform any response action under sections 106(a) and 122 (except subsection (b)(1)) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9606(a), 9622), pursuant to sections 4(c)(3) and 4(d)(3) of Executive Order No. 12580, as amended by Executive Order No. 13016, to be exercised only with the concurrence of the General Counsel. * * * * *

   Dated: June 11, 1999. Dan Glickman, Secretary of Agriculture.

   [FR Doc. 99-15368Filed6-17-99; 8:45 am]

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