00-435. Organization, Functions, and Delegations of Authority  

  • [Federal Register Volume 65, Number 6 (Monday, January 10, 2000)]
    [Rules and Regulations]
    [Pages 1298-1302]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 00-435]
    
    
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    DEPARTMENT OF AGRICULTURE
    
    Animal and Plant Health Inspection Service
    
    7 CFR Part 371
    
    [Docket No. 97-025-1]
    
    
    Organization, Functions, and Delegations of Authority
    
    AGENCY: Animal and Plant Health Inspection Service, USDA.
    
    ACTION: Final rule.
    
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    SUMMARY: This document revises the statement of organization, 
    functions, and delegations of authority of the Animal and Plant Health 
    Inspection Service (APHIS) to reflect changes in the internal APHIS 
    organization. APHIS units are already functioning as described in this 
    rule. The new internal APHIS organization stimulates interdependence 
    and cooperation throughout the agency, enhances the ability of the 
    Administrator to manage the agency, and provides improved support to 
    the field organization through better planning, clearer direction, 
    timely action, and better use of resources.
    
    EFFECTIVE DATE: December 23, 1999.
    
    FOR FURTHER INFORMATION CONTACT: Mr. Ira Johnson, Jr., Position 
    Classification Specialist, Human Resources Division, MRPBS, APHIS, Room 
    1724, 14th Street and Independence Avenue, SW, Washington, DC 20250; 
    (202) 720-9407.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The statement of organization, functions, and delegations of 
    authority of the Animal and Plant Health Inspection Service (APHIS) is 
    being revised to reflect changes made in the internal APHIS 
    organization. These changes create a headquarters organization based on 
    function, rather than program discipline.
        The statement of organization, functions, and delegations of 
    authority was approved by APHIS and the United States Department of 
    Agriculture (USDA) management after a comprehensive review of all APHIS 
    activities.
        The major changes in the statement of organization, functions, and 
    delegations of authority are as follows:
    
    1. Redefine the Roles of the Plant Protection and Quarantine (PPQ) Unit
    
        PPQ has added responsibilities which include: Assisting in the 
    development, adoption, and enforcement of sanitary and phytosanitary 
    measures regulating the field release, interstate movement, and 
    importation of genetically modified organisms that may contain plant 
    pests; serving as a member of the North American Plant Protection 
    Organization; and enforcing animal disease exclusion policies, 
    procedures, and regulations at international ports of entry relative to 
    all animal products and associated materials.
    
    2. Redefine the Roles of the Veterinary Services (VS) Unit
    
        VS has added the responsibility of planning, directing, and 
    coordinating the activities for the Center for Veterinary Biologics and 
    the administration of a veterinary biologics program.
    
    3. Redesignate the Management and Budget (M&B) Unit as Marketing and 
    Regulatory Programs Business Services (MRPBS) and Redefine Its Roles
    
        This redesignation better reflects the actual functions of this 
    unit. MRPBS has added the responsibility of directing and coordinating 
    program activities related to investigations and enforcement of APHIS 
    laws and regulations.
    
    4. Redesignate the Animal Damage Control (ADC) Unit as the Wildlife 
    Services (WS) Unit
    
        This redesignation better reflects the actual functions of this 
    unit.
    
    5. Redesignate the Regulatory Enforcement and Animal Care (REAC) Unit 
    as the Animal Care (AC) Unit and Redefine Its Roles
    
        This redesignation better reflects the actual functions of this 
    unit. AC is no longer responsible for directing the formal 
    investigation of reported violations of laws and regulations applicable 
    to APHIS activities. AC still has the responsibility of directing 
    activities to ensure compliance with and enforcement of animal welfare 
    and horse protection laws and the regulations promulgated under those 
    laws.
    
    6. Redefine the Roles of the Policy and Program Development (PPD) Unit
    
        PPD has added responsibilities that include ensuring agency 
    compliance with the National Environmental Policy Act, handling 
    environmental documentation activities for the agency, and handling 
    pesticide and animal drug registration responsibilities.
    
    7. Reassign the Responsibilities of the Former Recruitment and 
    Development (R&D) Unit
    
        R&D's responsibilities have been reassigned to MRPBS, PPQ, and VS.
    
    8. Reassign the Responsibilities of the Former Science and Technology 
    (S&T) Unit
    
        S&T's responsibilities have been reassigned to PPQ, VS, and WS.
    
    [[Page 1299]]
    
    9. Reassign the Responsibilities of the Former Biotechnology, 
    Biologics, and Environmental Protection (BBEP) Unit
    
        BBEP's responsibilities have been reassigned to PPD, PPQ, and VS.
    
    10. Continuing Responsibilities of the Legislative and Public Affairs 
    (LPA) Unit
    
        LPA's responsibilities within the Agency remain the same.
    
    11. Continuing Responsibilities of the International Services (IS) Unit
    
        IS' responsibilities within the Agency remain the same.
        We have also made a number of editorial changes.
        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, and this rule may be made effective less 
    than 30 days after publication in the Federal Register. Also, since 
    this rule relates to internal agency management, it is exempt from the 
    provisions of Executive Order 12866. Further, this action is not a rule 
    as defined by 5 U.S.C. 601 et seq., the Regulatory Flexibility Act, and 
    thus is exempt from the provisions of that Act.
    
    List of Subjects in 7 CFR Part 371
    
        Authority delegations (Government agencies), Organization and 
    functions (Government agencies).
    
        1. Part 371 is revised to read as follows:
    
    PART 371--ORGANIZATION, FUNCTIONS, AND DELEGATIONS OF AUTHORITY
    
    Sec.
    371.1  General Statement.
    371.2  The Office of the Administrator.
    371.3  Plant Protection and Quarantine.
    371.4  Veterinary Services.
    371.5  Marketing and Regulatory Programs Business Services.
    371.6  Wildlife Services.
    371.7  Animal Care.
    371.8  International Services.
    371.9  Policy and Program Development.
    371.10  Legislative and Public Affairs.
    371.11  Delegations of authority.
    371.12  Concurrent authority and responsibility to the 
    Administrator.
    371.13  Reservation of authority.
    371.14  Availability of information and records.
    
        Authority: 5 U.S.C. 301.
    
    
    Sec. 371.1  General statement.
    
        (a) The creation of APHIS. The Animal and Plant Health Inspection 
    Service (APHIS) was created by the Secretary of Agriculture on April 2, 
    1972 (37 FR 6327, March 28, 1972).
        (b) Central offices. APHIS is headquartered in Washington, DC, and 
    Riverdale, MD. The APHIS Management Team at these locations consists of 
    the following:
    
    Administrator
    Associate Administrator
    Deputy Administrator, Plant Protection and Quarantine (PPQ)
    Deputy Administrator, Veterinary Services (VS)
    Deputy Administrator, Marketing and Regulatory Programs Business 
    Services (MRPBS)
    Deputy Administrator, Wildlife Services (WS)
    Deputy Administrator, Animal Care (AC)
    Deputy Administrator, International Services (IS)
    Director, Policy and Program Development (PPD)
    Director, Legislative and Public Affairs (LPA)
    
        (c) Field organization. AC, MRPBS, PPQ, VS, and WS all have field 
    offices located throughout the United States. IS has field offices 
    located throughout the world. A list of APHIS' field offices with 
    addresses and telephone numbers is in the blue pages of local telephone 
    books.
    
    
    Sec. 371.2  The Office of the Administrator.
    
        (a) The Administrator. (1) The Administrator of APHIS formulates, 
    directs, and supervises the execution of APHIS policies, programs, and 
    activities.
        (2) The Administrator is authorized to take any action authorized 
    by law and deemed necessary to carry out APHIS functions. Delegations 
    of authority by the Administrator and provisions for redelegations of 
    authority are stated in Sec. 371.11.
        (b) The Associate Administrator. The Associate Administrator of 
    APHIS shares responsibility with the Administrator for general 
    direction and supervision of APHIS programs and activities. The 
    Associate Administrator may act for the Administrator.
    
    
    Sec. 371.3  Plant protection and quarantine.
    
        (a) General statement. Plant Protection and Quarantine (PPQ) 
    protects and safeguards the Nation's plant resources through programs 
    and activities to prevent the introduction and spread of plant pests 
    and diseases.
        (b) Deputy Administrator of PPQ. The Deputy Administrator of PPQ is 
    responsible for:
        (1) Participating with the Administrator of APHIS and other 
    officials in the planning and formulation of policies, programs, 
    procedures, and activities of APHIS.
        (2) Providing direction and coordination for PPQ programs and 
    activities. The authorities for PPQ programs include:
        (i) Section 102, Organic Act of September 21, 1944, as amended, and 
    the Act of April 6, 1937, as amended (7 U.S.C. 147a, 148, and 148a-
    148e), relating to control and eradication of plant pests and diseases;
        (ii) The Mexican Border Act, as amended (7 U.S.C. 149);
        (iii) The Golden Nematode Act (7 U.S.C. 150 through 150g);
        (iv) The Federal Plant Pest Act, as amended (7 U.S.C. 150aa through 
    150jj);
        (v) The Plant Quarantine Act, as amended (7 U.S.C. 151 through 
    164a, and 167);
        (vi) The Terminal Inspection Act, as amended (7 U.S.C. 166);
        (vii) The Honeybee Act, as amended (7 U.S.C. 281 through 286);
        (viii) The Federal Noxious Weed Act of 1974, as amended (7 U.S.C. 
    2801 through 2814);
        (ix) The Endangered Species Act of 1973 (16 U.S.C. 1531-1544);
        (x) Executive Order 11987;
        (xi) The responsibilities of the United States under the 
    International Plant Protection Convention;
        (xii) Lacey Act Amendments of 1981, as amended (16 U.S.C. 3371 
    through 3378);
        (xiii) Title III (and Title IV to the extent that it relates to 
    activities under Title III) of the Federal Seed Act, as amended (7 
    U.S.C. 1581 through 1610);
        (xiv) Authority to prescribe and collect fees under The Act of 
    August 31, 1951, as amended (31 U.S.C. 9701), and sections 2508 and 
    2509 of the Food, Agriculture, Conservation, and Trade Act of 1990, as 
    amended (21 U.S.C. 136 and 136a).
        (3) Developing of regulations (including quarantines) regarding 
    noxious weeds and plant pests and diseases.
        (4) Cooperating with and providing technical assistance to State 
    and local governments, farmer's associations, and individuals with 
    regard to plant pest control. Cooperating with and providing technical 
    assistance to foreign governments with regard to plant pests and 
    diseases.
        (5) Assisting in the development of sanitary and phytosanitary 
    measures.
        (6) Regulating the field release into the environment, interstate 
    movement, and importation of genetically modified organisms.
        (7) Serving as a member of the North American Plant Protection 
    Organization (NAPPO). NAPPO is composed of plant protection officials 
    and industry cooperators from Canada, Mexico, and the United States.
        (8) Administering plant and animal pest and disease exclusion 
    policies, procedures, and regulations at
    
    [[Page 1300]]
    
    international ports of entry (land, sea, and air) relative to all 
    plants and plant and animal products and associated materials 
    (excluding live animals).
        (9) Providing laboratory support, diagnostic services, methods 
    development, and research activities in support of PPQ programs.
    
    
    Sec. 371.4  Veterinary Services.
    
        (a) General statement. Veterinary Services (VS) protects and 
    safeguards the Nation's livestock and poultry through programs and 
    activities to prevent the introduction and spread of pests and disease 
    of livestock and poultry. VS also provides leadership and coordinates 
    activities pertaining to veterinary biologics.
        (b) Deputy Administrator of VS. The Deputy Administrator of VS is 
    responsible for:
        (1) Participating with the Administrator of APHIS and other 
    officials in the planning and formulation of policies, programs, 
    procedures, and activities of APHIS.
        (2) Providing direction and coordination for the activities of the 
    Center for Veterinary Biologics.
        (3) Providing direction and coordination for VS programs and 
    activities.
        The authorities for VS programs include:
        (i) Section 306 of the Tariff Act of June 17, 1930, as amended (19 
    U.S.C. 1306);
        (ii) Act of August 30, 1890, as amended (21 U.S.C. 102 through 
    105);
        (iii) Act of May 29, 1884, as amended, Act of February 2, 1903, as 
    amended, and Act of March 3, 1905, as amended, and supplemental 
    legislation (21 U.S.C. 111 through 114a, 114a through 114a-1, and 115 
    through 130);
        (iv) Act of February 28, 1947, as amended (21 U.S.C. 114b through 
    114c, and 114d-1);
        (v) Act of June 16, 1948 (21 U.S.C. 114e through 114f);
        (vi) Act of September 6, 1961 (21 U.S.C. 114g through 114h);
        (vii) Act of July 2, 1962 (21 U.S.C. 134 through 134h);
        (viii) Act of May 6, 1970 (21 U.S.C. 135 through 135b);
        (ix) Sections 12 through 14 of the Federal Meat Inspection Act, as 
    amended, and the portion of Section 18 of the Act that pertains to the 
    issuance of certificates of condition of live animals intended and 
    offered for export (21 U.S.C. 612 through 614, and 618);
        (x) Improvement of poultry, poultry products, and hatcheries (7 
    U.S.C. 429);
        (xi) 28 Hour Law, as amended (49 U.S.C. 80502);
        (xii) Act of August 26, 1983, as amended (46 U.S.C. 3901 through 
    3902);
        (xiii) Harmonized Tariff Schedule of the United States;
        (xiv) Virus-Serum-Toxin Act (21 U.S.C. 151 through 159);
        (xv) Sections 203 and 205 of the Agricultural Marketing Act of 
    1946, as amended, with respect to voluntary inspection and 
    certification of animal products; inspection, testing, treatment, and 
    certification of animals; and a program to investigate and develop 
    solutions to the problems resulting from the use of sulfonamides in 
    swine (7 U.S.C. 1622 and 1624);
        (xvi) Section 101(d) of the Organic Act of September 21, 1944 (7 
    U.S.C. 430);
        (xvii) The Swine Health Protection Act (7 U.S.C. 3801 through 
    3813);
        (xviii) Conducting diagnostic and related activities necessary to 
    prevent, detect, control, or eradicate foot-and-mouth disease and other 
    animal diseases (21 U.S.C. 113a);
        (xix) Authority to prescribe and collect fees under the Act of 
    August 31, 1951, as amended (31 U.S.C. 9701), and sections 2508 and 
    2509 of the Food, Agriculture, Conservation, and Trade Act of 1990, as 
    amended (21 U.S.C. 136 and 136a); and
        (xx) Transportation of horses to slaughter under sections 901-905 
    of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
    1901 note).
        (4) Directing and coordinating animal health information systems 
    and maintaining a Federal-State program operation capable of responding 
    to exotic livestock and poultry disease outbreaks.
        (5) Cooperating with and providing technical assistance to State 
    and local governments, farmer's associations and similar organizations, 
    and individuals with regard to VS programs and activities. Cooperating 
    with and providing technical assistance to foreign governments with 
    regard to pests and diseases of livestock and poultry.
        (6) Providing laboratory support, diagnostic services, methods 
    development, and research activities in support of VS programs.
    
    
    Sec. 371.5  Marketing and Regulatory Programs Business Services.
    
        (a) General statement. Marketing and Regulatory Programs Business 
    Services (MRPBS) plans and provides for the agency's human, financial, 
    and physical resources.
        (b) Deputy Administrator of MRPBS. The Deputy Administrator of 
    MRPBS is responsible for:
        (1) Assisting the Under Secretary for Marketing and Regulatory 
    Programs, and the Administrators of APHIS, the Agricultural Marketing 
    Service (AMS), and the Grain Inspection and Packers and Stockyards 
    Administration (GIPSA), and other APHIS, AMS, and GIPSA officials in 
    the planning and formulation of MRP policies, programs, and activities. 
    Providing human resource, certain financial, and management services 
    for AMS, APHIS, and GIPSA.
        (2) Planning, formulating and coordinating policies, and directing 
    management support functions for APHIS and designated functions for 
    other MRP agencies, including finance, personnel, and management 
    services.
        (3) Conducting administrative reviews and inspections in APHIS to 
    assess the implementation of policies and procedures and to assess the 
    accomplishments of program objectives.
        (4) Evaluating and issuing administrative directives.
        (5) Serving as APHIS' liaison official with the General Accounting 
    Office and the Office of the Inspector General.
        (6) Preparing cooperative agreements, memoranda of understanding, 
    agreements between APHIS and other agencies, and agreements that 
    require the signature of more than one Deputy Administrator or 
    Director.
        (7) Directing and coordinating investigations related to APHIS 
    program laws and regulations and coordinating enforcement of program 
    laws and regulations with the Office of the General Counsel.
        (8) Supporting and enforcing APHIS program activities, which 
    include:
        (i) Title 7, Code of Federal Regulations, Secs. 371.3(b)(2)(i) 
    through (xiv);
        (ii) Title 7, Code of Federal Regulations, Secs. 371.4(b)(3)(i) 
    through (xx);
        (iii) The Animal Welfare Act, as amended (7 U.S.C. 2131 through 
    2159); and
        (iv) The Virus-Serum Toxin Act, as amended (21 U.S.C. 159).
        (9) Formulating and recommending employee development and training 
    policies.
        (10) Developing, delivering, and administering organizational 
    development, training, recruitment, and employee development programs 
    for MRP agencies.
        (11) Providing computer support and related services for APHIS.
    
    
    Sec. 371.6  Wildlife Services.
    
        (a) General statement. Wildlife Services (WS) manages problems 
    caused by wildlife.
        (b) Deputy Administrator of WS. The Deputy Administrator of WS is 
    responsible for:
        (1) Participating with the Administrator of APHIS and other
    
    [[Page 1301]]
    
    officials in the planning and formulation of policies, programs, 
    procedures, and activities of APHIS.
        (2) Providing direction and coordination for programs authorized by 
    the Act of March 2, 1931 (7 U.S.C. 426 and 426b, as amended).
        (3) Assisting Federal, State, local, and foreign agencies and 
    individuals with regard to wildlife damage and control.
        (4) Conducting research to develop wildlife damage management 
    methods.
    
    
    Sec. 371.7  Animal Care.
    
        (a) General statement. Animal Care (AC) establishes acceptable 
    standards of humane care and treatment for regulated animals and 
    monitors and achieves compliance through inspections, enforcement, 
    education, and cooperative efforts under the Animal Welfare and Horse 
    Protection Acts.
        (b) Deputy Administrator of AC. The Deputy Administrator of AC is 
    responsible for:
        (1) Participating with the Administrator of APHIS and other 
    officials in the planning and formulation of policies, programs, and 
    activities of APHIS.
        (2) Directing activities to ensure compliance with and enforcement 
    of animal welfare and horse protection laws and regulations. These laws 
    are:
        (i) The Animal Welfare Act, as amended (7 U.S.C. 2131 through 
    2159); and
        (ii) The Horse Protection Act (15 U.S.C. 1821 through 1831).
        (3) Providing recommendations for policy and program changes and 
    promulgating requirements, procedures, and guidelines for the conduct 
    of field activities relating to AC programs.
    
    
    Sec. 371.8  International Services.
    
        (a) General statement. International Services (IS) protects U.S. 
    agriculture and enhances agricultural trade with foreign countries.
        (b) Deputy Administrator of IS. The Deputy Administrator of IS is 
    responsible for:
        (1) Participating with the Administrator of APHIS and other 
    officials in the planning and formulation of international policies, 
    programs, and activities of APHIS.
        (2) Maintaining and administering the foreign service personnel 
    system for employees of APHIS in accordance with section 202(a)(2) of 
    the Foreign Service Act of 1980 (22 U.S.C. 3922), E.O. 12363, dated May 
    21, 1982, and the provisions of Sec. 2.51(a)(1) of this title.
        (3) Developing and maintaining systems for monitoring and reporting 
    the presence and movement of plant and animal diseases and pests in 
    foreign countries.
        (4) Developing and maintaining cooperative relationships and 
    programs with other Federal agencies, foreign governments, industry, 
    and international organizations, such as the Food and Agriculture 
    Organization of the United Nations, with regard to APHIS activities in 
    foreign countries.
        (5) Developing and maintaining systems for observing the effects of 
    plant and animal diseases in foreign countries and evaluating their 
    effect on the agriculture industry.
        (6) Developing and directing programs to enhance the trade in U.S. 
    plants, animals, and their products in compliance with established 
    international sanitary and phytosanitary standards.
        (7) Providing recommendations for policy and program changes, and 
    promulgating requirements, procedures, and guidelines for the conduct 
    of field activities relating to IS programs.
    
    
    Sec. 371.9  Policy and Program Development.
    
        (a) General statement. Policy and Program Development (PPD) 
    provides analytical support for agency decisions and plans.
        (b) Director of PPD. The Director of PPD is responsible for:
        (1) Participating with the Administrator of APHIS and other 
    officials in the planning and formulation of APHIS policies, programs, 
    and activities.
        (2) Providing planning and evaluations; regulations development; 
    and policy, risk, and economic analysis for APHIS programs.
        (3) Analyzing the environmental effects of APHIS programs to ensure 
    their compliance with environmental laws and regulations and providing 
    support for pesticide registration and drug approval.
        (4) Coordinating registration of chemicals and other substances 
    used in APHIS control and eradication programs.
    
    
    Sec. 371.10  Legislative and Public Affairs.
    
        (a) General statement. Legislative and Public Affairs (LPA) is the 
    communications arm of APHIS.
        (b) Director of LPA. The Director of LPA is responsible for:
        (1) Advising and assisting the Administrator and other officials on 
    matters relating to agency legislative and media affairs.
        (2) Preparing legislative proposals for APHIS programs and 
    responsibilities. Assisting in compiling support material for agency 
    witnesses for congressional hearings. Preparing legislative reports.
        (3) Establishing and maintaining liaison with Members of Congress, 
    various congressional committees and subcommittees, and their staffs on 
    matters pertaining to APHIS.
        (4) Planning and conducting an information program to promote 
    interest in and increase the public knowledge of APHIS programs and 
    activities.
        (5) Drafting and administering policy guidelines on press contacts, 
    photography, audiovisual activities, graphic design, radio-TV, and 
    policy/editorial/graphics clearances for publications. Planning and 
    conducting a program to explain APHIS policies in written form to 
    Members of Congress, State and industry leaders, officials of foreign 
    governments, and private citizens.
        (6) Preparing replies to written inquiries and establishing and 
    maintaining a system for the control of written inquiries referred by 
    the Office of the Secretary or sent directly to the agency.
        (7) Assisting in the preparation of position papers regarding APHIS 
    programs.
        (8) Assisting in the preparation of directives, procedural manuals, 
    articles for publication, and agency correspondence. Coordinating APHIS 
    activities within the scope of the Freedom of Information Act and the 
    Privacy Act.
    
    
    Sec. 371.11  Delegations of authority.
    
        (a) Associate Administrator. The Associate Administrator is 
    delegated the authority to perform the duties and to exercise the 
    functions and powers that are now, or that may become, vested in the 
    Administrator, including the power of redelegation except where 
    prohibited, and including authority reserved to the Administrator in 
    Sec. 371.14 of this part. The Associate Administrator is also 
    authorized to act for the Administrator in the absence of the 
    Administrator.
        (b) Deputy Administrators and Directors. The Deputy Administrators 
    of Plant Protection and Quarantine (PPQ), Veterinary Services (VS), 
    Wildlife Services (WS), Marketing and Regulatory Programs Business 
    Services (MRPBS), Animal Care (AC), and International Services (IS); 
    the Directors of Policy and Program Development (PPD) and Legislative 
    and Public Affairs (LPA); and the officers they designate to act for 
    them, with prior specific approval of the Administrator, are delegated 
    the authority, severally, to perform duties and to exercise the 
    functions and powers that are now, or that may become vested in the 
    Administrator (including the power of redelegation, except where 
    prohibited) except authority that is reserved to the Administrator. 
    Each Deputy
    
    [[Page 1302]]
    
    Administrator or Director shall be responsible for the programs and 
    activities in APHIS assigned to that Deputy Administrator or Director.
    
    
    Sec. 371.12  Concurrent authority and responsibility to the 
    Administrator.
    
        (a) Delegations that preclude the Administrator or each Deputy 
    Administrator or Director from exercising powers or functions. No 
    delegation or authorization in this part shall preclude the 
    Administrator or each Deputy Administrator or Director from exercising 
    any of the powers or functions or from performing any of the duties 
    conferred upon each, respectively. Any delegation or authorization is 
    subject, at all times, to withdrawal or amendment by the Administrator, 
    and in their respective fields, by each Deputy Administrator or 
    Director. The officers to whom authority is delegated in this part 
    shall:
        (1) Maintain close working relationships with the officers to whom 
    they report.
        (2) Keep them advised with respect to major problems and 
    developments.
        (3) Discuss with them proposed actions involving major policy 
    questions or other important considerations or questions, including 
    matters involving relationships with other Federal agencies, other 
    agencies of the Department, other divisions, staffs, or offices of the 
    agency, or other governmental, private organizations, or groups.
        (b) Prior authorizations and delegations. All prior delegations and 
    redelegations of authority relating to any function, program, or 
    activity covered by the statement of Organization, Functions, and 
    Delegations of Authority, shall remain in effect except as they are 
    inconsistent with this part or are amended or revoked. Nothing in this 
    part shall affect the validity of any action taken previously under 
    prior delegations or redelegations of authority or assignments of 
    functions.
    
    
    Sec. 371.13  Reservation of authority.
    
        The following are reserved to the Administrator, or to the 
    individual designated to act for the Administrator:
        (a) The initiation, change, or discontinuance of major program 
    activities.
        (b) The issuance of regulations pursuant to law.
        (c) The transfer of functions between Deputy Administrators and 
    Directors.
        (d) The transfer of funds between Deputy Administrators and 
    Directors.
        (e) The transfer of funds between work projects within each Deputy 
    Administrator's or Director's area, except those not exceeding 10 
    percent of base funds or $50,000 in either work project, whichever is 
    less.
        (f) The approval of any change in the formal organization, 
    including a section, its equivalent, or higher level.
        (g) The making of recommendations to the Department concerning 
    establishment, consolidation, change in location, or abolishment of any 
    regional, State, area, and other field headquarters, and any region or 
    other program area that involves two or more States, or that crosses 
    State lines.
        (h) Authority to establish, consolidate, change a location, abolish 
    any field office, or change program area boundaries not included in 
    paragraph (g) of this section.
        (i) Approval of all appointments, promotions, and reassignments at 
    the GS-14 level and above.
        (j) Authorization for foreign travel and for attendance at foreign 
    and international meetings, including those held in the United States.
        (k) Approval of all appointments, promotions, and reassignments of 
    employees to foreign countries.
        (l) Approval of program budgets.
        (m) Authority to determine the circumstances under which commuted 
    traveltime allowances may be paid to employees performing inspections 
    and necessary auxiliary services after normal working hours or on 
    holidays, when these services come within the scope of the Act of 
    August 28, 1950 (7 U.S.C. 2260).
    
    
    Sec. 371.14  Availability of information and records.
    
        Any person desiring information or to comment on the programs and 
    functions of the agency should address correspondence to the 
    appropriate Deputy Administrator or Director, APHIS, U.S. Department of 
    Agriculture, Washington, DC 20250. The availability of information and 
    records of the agency is governed by the rules and regulations in part 
    370 of this chapter.
    
        Done in Washington, DC, this 23rd day of December 1999.
    Craig A. Reed,
    Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 00-435 Filed 1-7-00; 8:45 am]
    BILLING CODE 3410-34-P
    
    
    

Document Information

Effective Date:
12/23/1999
Published:
01/10/2000
Department:
Animal and Plant Health Inspection Service
Entry Type:
Rule
Action:
Final rule.
Document Number:
00-435
Dates:
December 23, 1999.
Pages:
1298-1302 (5 pages)
Docket Numbers:
Docket No. 97-025-1
PDF File:
00-435.pdf
CFR: (14)
7 CFR 371.1
7 CFR 371.2
7 CFR 371.3
7 CFR 371.4
7 CFR 371.5
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