[Federal Register: December 21, 2004 (Volume 69, Number 244)]
[Rules and Regulations]               
[Page 76378-76379]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de04-3]                         

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 371

[Docket No. 04-120-1]

 
Delegation of Authority

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: This document delegates the authority given to the 
Administrator of the Animal and Plant Health Inspection Service to 
administer section 101(k) of the Rural Development, Agriculture, and 
Related Agencies Appropriations Act of 1988, more commonly known as the 
Act of December 22, 1987. Authority is delegated from the Administrator 
of the Animal and Plant Health Inspection Service to the Deputy 
Administrator of Wildlife Services. This delegation has already been 
made, however it is not reflected in the Code of Federal Regulations. 
Therefore, this document corrects that oversight.

EFFECTIVE DATE: December 21, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. John A. Sinclair, Staff Officer, 
Operational Support Staff, WS, APHIS, 4700 River Road Unit 87, 
Riverdale, MD 20737-1231; (301) 734-7921.

SUPPLEMENTARY INFORMATION: 

Background

    On January 10, 2000, the Animal and Plant Health Inspection Service 
(APHIS) published a final rule in the Federal Register (65 FR 1298-
1302, Docket No. 97-025-1) that revised the statement of organization, 
functions, and delegations of authority of APHIS in 7 CFR part 371 to 
reflect changes in internal APHIS organization. The rule included 
delegations of authority from the Administrator of APHIS to the Deputy 
Administrator of Wildlife Services. However, we inadvertently omitted 
the delegation of authority from the Administrator to the Deputy 
Administrator of Wildlife Services for section 101(k) of the Rural 
Development, Agriculture, and Related Agencies Appropriations Act of 
1988, also known as the Act of December 22, 1987. This delegation of 
authority had already been made, however it is not reflected in the 
Code of Federal Regulations. Therefore we are amending 7 CFR 
371.6(b)(2) to correct this oversight.
    This rule relates to internal agency management. Therefore, this 
rule is exempt from the provisions of Executive

[[Page 76379]]

Order 12866 and 12988. Moreover, pursuant to 5 U.S.C. 553, notice of 
proposed rulemaking and opportunity for comment are not required for 
this rule, and it may be made effective less than 30 days after 
publication in the Federal Register. In addition, under 5 U.S.C. 804, 
this rule is not subject to congressional review under the Small 
Business Regulatory Enforcement Fairness Act of 1996, Pub. L. 104-121. 
Finally, 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).

0
Accordingly, 7 CFR part 371 is amended as follows:

PART 371--ORGANIZATIONS, FUNCTIONS, AND DELEGATIONS OF AUTHORITY

0
1. The authority citation for part 371 continues to read as follows:

    Authority: 5 U.S.C. 301.

0
2. In Sec.  371.6, paragraph (b)(2) is revised to read as follows:


Sec.  371.6  Wildlife Services.

* * * * *
    (b) * * *
    (2) Providing direction and coordination for programs authorized by 
the Act of March 2, 1931 (7 U.S.C. 426 and 426b, as amended) and the 
Act of December 22, 1987 (7 U.S.C. 426c).
* * * * *

    Done in Washington, DC, this 14th day of December, 2004.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-27879 Filed 12-20-04; 8:45 am]

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