UNITED STATES DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
July 1, 2008
SECRETARY’S MEMORANDUM 1053-001
Delegations of Authority
Food, Conservation, and Energy Act of 2008
1. PURPOSE
The purpose of this memorandum is to delegate authority within the Department to implement the provisions of the Food, Conservation, and Energy Act of 2008, Pub. L. No. 110-246 (hereafter referred to as “FCEA”). The authorities delegated herein by reference to a section of the FCEA include delegations of both new provisions of law enacted in the section and amendments made by the section to existing Acts, to the extent authorities under such Acts are not covered by previously published delegations of authority.
2. DELEGATIONS
I hereby delegate authorities vested in the Secretary by the FCEA to the Under Secretaries, Assistant Secretaries, and heads of the Offices of the Department as identified in Column A of the attached section-by-section table of FCEA authorities. The Under Secretaries, Assistant Secretaries, and heads of Offices of the Department shall re-delegate the authorities delegated herein to the agencies and offices of the Department as identified in Column B of the attached table. Where there is an assigned delegation in Column A, but no assigned re-delegation in Column B, the Column A delegatee is authorized to re-delegate that authority as appropriate.
3. EFFECTIVE DATE AND TERMINATION
The delegations made herein are effective immediately, except where provided otherwise in the attached table, and the delegations made herein shall remain in effect for one year from the effective date, or until such earlier time as the Department’s published delegations of authority have been revised to incorporate the provisions of this memorandum.
Attachment
/s/EDWARD T. SCHAFER
Secretary
Attachment
Section or Subsection |
Short Title |
COLUMN A Under Secretary or Assistant Secretary or
General Officer Delegation |
COLUMN B Agency or Office
Delegation |
Effective Date of Delegation (immediate unless otherwise noted) |
|
TITLE I -- COMMODITY
PROGRAMS |
|
|
|
|
|
|
|
|
|
Subtitle A -- Direct Payments and
Counter-Cyclical Payments |
|
|
|
1001 |
Definitions |
FFAS |
FSA |
|
1101 |
Base Acres |
FFAS |
FSA |
|
1102 |
Payment Yields |
FFAS |
FSA |
|
1103 |
Availability of Direct Payments |
FFAS |
FSA |
|
1104 |
Availability of Counter-Cyclical
Payments |
FFAS |
FSA |
|
1105 |
Average Crop Revenue Election
Program |
FFAS |
FSA |
|
1106 |
Producer Agreement Required As
Condition of Provision of Payments |
FFAS |
FSA |
|
1107 |
Planting Flexibility |
FFAS |
FSA |
|
1108 |
Special Rule for Long Grain and
Medium Grain Rice |
FFAS |
FSA |
|
1109 |
Period of Effectivness |
FFAS |
FSA |
|
|
|
|
|
|
|
Subtitle B -- Marketing Assistance
Loans and Loan Deficiency Payments |
|
|
|
1201 |
Availability of Nonrecourse
Marketing Assistance Loans for Loan Commodities |
FFAS |
FSA |
|
1202 |
Loan Rates for Nonrecourse
Marketing Assistance Loans |
FFAS |
FSA |
|
1203 |
Term of Loans |
FFAS |
FSA |
|
1204 |
Repayment of Loans |
FFAS |
FSA |
|
1205 |
Loan Deficiency Payments |
FFAS |
FSA |
|
1206 |
Payments in Lieu of Loan
Deficiency Payments for Grazed Acreage |
FFAS |
FSA |
|
1207 |
Special Marketing Loan Provisions
for Upland Cotton |
FFAS |
FSA, FAS |
|
1208 |
Special Competitiveness Provisions
for Extra Long Staple Cotton |
FFAS |
FSA, FAS |
|
1209 |
Availability of Recourse Loans for
High Moisture Feed Grains and Seed Cotton |
FFAS |
FSA |
|
1210 |
Adjustment of Loans |
FFAS |
FSA |
|
|
|
|
|
|
|
Subtitle C -- Peanuts |
|
|
|
1301 |
Definitions |
FFAS |
FSA |
|
1302 |
Base Acres for Peanuts for a Farm |
FFAS |
FSA |
|
1303 |
Availability of Direct Payments
for Payments |
FFAS |
FSA |
|
1304 |
Availability of Counter-Cyclical
Payments for Peanuts |
FFAS |
FSA |
|
1305 |
Producer Agreement Required as
Condition on Provision of Payments |
FFAS |
FSA |
|
1306 |
Planting Flexibility |
FFAS |
FSA |
|
1307 |
Marketing Assistance Loans and
Loan Deficiency Payments for Peanuts |
FFAS |
FSA |
|
1308 |
Adjustment of Loans |
FFAS |
FSA |
|
|
|
|
|
|
|
Subtitle D -- Sugar |
|
|
|
1401 |
Sugar Program |
FFAS |
FSA, FAS |
|
1402 |
|
FFAS |
FAS |
|
1403 |
Flexible Marketing Allotments for
Sugar |
FFAS |
FSA, FAS |
|
1404 |
Storage Facility Loans |
FFAS |
FSA |
|
1405 |
CCC Storage Payments |
FFAS |
FSA |
|
|
|
|
|
|
|
Subtitle E -- Dairy |
|
|
|
1501 |
Dairy Product Price Support
Program |
FFAS |
FSA |
|
1502 |
Dairy Forward Pricing Program |
MRP |
AMS |
|
1506 |
Milk Income Loss Contract Program |
FFAS |
FSA |
|
1508 |
Report on Department of
Agriculture Reporting Procedures for Nonfat Dry Milk |
REE lead, MRP |
NASS lead, AMS |
|
1509 |
Federal Milk Marketing Order
Review Commission |
MRP |
AMS |
|
|
|
|
|
|
|
Subtitle F -- Administration |
|
|
|
1605 |
Availability of Quality Incentive
Payments for Covered Oilseed Producers |
FFAS |
FSA |
|
1609 |
Tracking of Benefits |
FFAS |
FSA |
|
1611 |
Prevention of Deceased Individuals
Receiving Payments Under Farm Commodity Programs |
FFAS |
FSA |
|
1612 |
Hard White Wheat Development
Program |
FFAS |
FSA |
|
1613 |
Durum Wheat Quality Program |
FFAS |
FSA |
|
1614 |
Storage Facility Loans |
FFAS |
FSA |
|
1618 |
Modernization of FSA |
FFAS |
FSA |
|
1619 |
Information Gathering |
NRE, FFAS, RD, MRP |
NRCS, FS, FSA, RBS, RHS, APHIS |
|
1620 |
Leasing of Office Space |
FFAS lead, ASA |
FSA lead, OPPM |
|
1621 |
Geographically Disadvantaged
Farmers and Ranchers |
FFAS |
FSA |
|
|
|
|
|
|
|
TITLE II -- CONSERVATION |
|
|
|
|
|
|
|
|
|
Subtitle B -- Conservation Reserve
Program |
|
|
|
2110(b) |
Evaluation and Acceptance of
Contract Offers, Annual Rental Payments, and Payment Limitations (annual
survey of dryland and irrigated cash rental rates) |
FFAS |
FSA |
|
|
|
|
|
|
|
Subtitle C -- Wetlands Reserve
Program |
|
|
|
2210 |
Report on Implications of
Long-Term Nature of Conservation Easements |
NRE |
NRCS |
|
|
|
|
|
|
|
Subtitle D -- Conservation
Stewardship Program |
|
|
|
2301 |
Conservation Stewardship Program |
NRE |
NRCS |
|
|
|
|
|
|
|
Subtitle E -- Farmland Protection
and Grassland Reserve |
|
|
|
2403 |
Grassland Reserve Program |
FFAS, NRE |
FSA, NRCS |
|
|
|
|
|
|
|
Subtitle G -- Other Conservation
Programs of the Food Security Act of 1985 |
|
|
|
2605 |
|
NRE |
NRCS |
|
2606 |
Voluntary Public Access and
Habitat Incentive Program |
FFAS |
FSA |
|
|
|
|
|
|
|
Subtitle H -- Funding and
Administration of Conservation Programs |
|
|
|
2702 |
Authority to Accept Contributions
to Support Conservation Programs |
FFAS, NRE |
FSA, NRCS |
|
2705 |
Report Regarding Enrollments and
Assistance Under Conservation Programs |
NRE |
NRCS |
|
2707(b) |
Cooperative Conservation
Partnership Initiative |
NRE |
NRCS |
|
2710 |
Agriculture Conservation
Experienced Services Program |
NRE |
NRCS |
|
2711 |
Establishment of State Technical
Committees and Their Responsibilities |
NRE |
NRCS |
|
|
|
|
|
|
|
Subtitle I -- Conservation
Programs Under Other Laws |
|
|
|
2807 |
|
FFAS |
FSA |
|
|
|
|
|
|
|
TITLE III -- TRADE |
|
|
|
|
|
|
|
|
|
Subtitle A -- Food for Peace Act |
|
|
|
3022(2) |
Coordination of Foreign Assistance
Programs (report on improving procurement planning) |
FFAS |
FAS |
|
|
|
|
|
|
|
Subtitle C -- Miscellaneous |
|
|
|
3203 |
Technical Assistance for Specialty
Crops (annual report) |
FFAS |
FAS |
|
3205 |
Consultative Group to Eliminate
the Use of Child Labor and Forced Labor in Imported Agricultural Products |
FFAS lead, MRP |
FAS lead, AMS |
|
3206 |
Local and Regional Food Aid
Procurement Projects |
FFAS |
FAS |
|
|
|
|
|
|
|
TITLE IV -- NUTRITION |
|
|
|
|
|
|
|
|
|
Subtitle A -- Food Stamp Program |
|
|
|
4142 |
Study on Comparable Access to
Supplemental Nutrition Assistance for |
FNCS |
FNS |
10/1/2008 |
|
|
|
|
|
|
Subtitle B -- Food Distribution
Programs |
|
|
|
4211(b) |
Food Distribution Program on
Indian Reservations Food Package (report) |
FNCS |
FNS |
10/1/2008 |
|
|
|
|
|
|
Subtitle C -- Child Nutrition and
Related Programs |
|
|
|
4301 |
State Performance on Enrolling
Children Receiving Program Benefits for Free School Meals |
FNCS |
FNS |
10/1/2008 |
4304(a)(2)(B) |
Fresh Fruit and Vegetable Program
(transition of existing schools) |
FNCS |
FNS |
10/1/2008 |
4305 |
Whole Grain Products |
FNCS |
FNS |
10/1/2008 |
4307 |
Survey of Foods Purchased by
School Food Authorities |
FNCS |
FNS |
10/1/2008 |
|
|
|
|
|
|
Subtitle D -- Miscellaneous |
|
|
|
4401 |
Bill Emerson National Hunger
Fellows and Mickey Leland International Hunger Fellows |
FNCS |
FNS |
|
4402(3) |
Healthy Urban |
REE |
CSREES |
10/1/2008 |
4403 |
Joint Nutrition Monitoring and
Related Research Activities |
FNCS |
CNPP |
10/1/2008 |
4404(a)-(b) |
Section 32 Funds for Purchase of
Fruits, Vegetables, and Nuts to Support Domestic Nutrition Assistance
Programs |
MRP |
AMS |
|
4405 |
Hunger-Free Communities |
FNCS |
FNS |
10/1/2008 |
4406(c)(2) |
Nutrition Information and Awareness
Pilot Program (reauthorization) |
FNCS |
FNS |
10/1/2008 |
|
|
|
|
|
|
TITLE V -- CREDIT |
|
|
|
|
|
|
|
|
|
Subtitle A -- Farm Ownership Loans |
|
|
|
5002 |
Conservation Loan and Loan
Guarantee Program (establishes a new program in section 304 of the Consolidated
Farm and Rural Development Act of 1972) |
FFAS |
FSA |
|
|
|
|
|
|
|
Subtitle F -- Miscellaneous |
|
|
|
5501 |
Loans to Purchasers of Highly
Fractioned Land |
FFAS |
FSA |
|
|
|
|
|
|
|
TITLE VI -- RURAL
DEVELOPMENT |
|
|
|
|
|
|
|
|
|
Subtitle A -- Consolidated Farm
and Rural Development Act |
|
|
|
6013(d) |
Rural Cooperative Development
Grants (cooperative research program) |
RD |
RBS |
|
6013(e) |
Rural Cooperative Development
Grants (addressing needs of minority communities) |
RD |
RBS |
|
6016 |
Appropriate Technology Transfer
for Rural Areas ("ATTRA") |
RD |
RBS |
|
6017 |
Rural Economic Area Partnership
Zones |
RD |
RHS, RUS, RBS |
|
6018(b) |
Report on "rural area" |
RD |
|
|
6022 |
Rural Microentrepreneur
Assistance Program |
RD |
RBS |
|
6023 |
Grants for Expansion of Employment
Oportunities for Individuals with Disabilities in
Rural Areas |
RD |
RBS |
|
6024 |
Health Care Services |
RD |
RHS |
|
6025 |
Delta Regional Authority
(reauthorization) |
RD |
RBS |
|
6028 |
Rural Collaborative Investment
Program |
RD |
RBS |
|
6029 |
Funding of Pending Rural
Development Loan and Grant Applications |
RD |
RHS, RUS |
|
|
|
|
|
|
|
Subtitle B -- Rural
Electrification Act of 1936 |
|
|
|
6112 |
Comprehensive Rural Broadband
Strategy (coordination with the FCC) |
RD |
RUS |
|
6113 |
Study on Rural Electric Power
Generation |
RD |
RUS |
|
|
|
|
|
|
|
Subtitle C -- Miscellaneous |
|
|
|
6206 |
Study on Rural Transportation
Issues |
MRP |
AMS |
|
|
|
|
|
|
|
TITLE VII -- RESEARCH AND
RELATED MATTERS |
|
|
|
|
|
|
|
|
|
Subtitle A -- National
Agricultural Research, Extension, and Teaching Policy Act of 1977 |
|
|
|
7109(b) |
Grants and Fellowships for Food
and Agricultural Sciences Education (report) |
REE |
CSREES |
|
7124 |
Grants to Upgrade Agriculture and
Food Sciences Facilities at the |
REE |
CSREES |
|
7125 |
Grants to Upgrade Agriculture and
Food Sciences Facilities and Equipment at Insular Area Land-Grant
Institutions |
REE |
CSREES |
|
7129 |
Hispanic-Serving Agricultural
Colleges and Universities |
REE |
CSREES |
|
7137 |
New Era Rural Technology Program |
REE |
CSREES |
|
7138 |
|
REE |
CSREES |
|
7139 |
Borlaug International Agricultural
Science and Technology Fellowship Program |
FFAS |
FAS |
|
|
|
|
|
|
|
Subtitle B -- Food, Agriculture,
Conservation, and Trade Act of 1990 |
|
|
|
7207 |
Agricultural Bioenergy
Feedstock and Energy Efficiency Research and Extension Initiative |
REE |
CSREES |
|
7208 |
Farm Business Management and
Benchmarking |
REE |
CSREES |
|
|
|
|
|
|
|
Subtitle C -- Agricultural
Research, Extension, and Education Reform Act of 1998 |
|
|
|
7310 |
Agricultural Biotechnology
Research and Development for Developing Countries (reauthorization) |
FFAS |
FAS |
|
7311 |
Specialty Crop Research Initiative |
REE |
CSREES |
|
|
|
|
|
|
|
Subtitle D -- Other Laws |
|
|
|
7406(a) |
Agriculture and Food Research
Initiative |
REE |
CSREES |
|
7408 |
Exchange or |
REE |
ARS, CSREES, APHIS |
|
7409 |
Enhanced Use Lease Authority Pilot
Program |
REE |
ARS |
|
|
|
|
|
|
|
Subtitle E -- Miscellaneous |
|
|
|
7503 |
|
REE |
ARS |
|
7504 |
Roadmap |
REE |
|
|
7521 |
Research and Education Grants for
the Study of Antibiotic-Resistent Bacteria |
REE |
CSREES |
|
7522 |
Farm and Ranch Stress Assistance
Network |
REE |
CSREES |
|
7523 |
Seed Distribution |
REE |
CSREES |
|
7524 |
Live Virus Foot and Mouth Disease
Research |
MRP |
APHIS |
|
7525 |
Natural Products Research Program |
REE |
ARS |
|
7526 |
Sun Grant Program |
REE |
CSREES |
|
7527 |
Study and Report on Food Deserts |
REE |
ERS |
|
7529 |
Agricultural and Rural
Transportation Research and Education |
REE |
CSREES |
|
|
|
|
|
|
|
TITLE VIII -- FORESTRY |
|
|
|
|
|
|
|
|
|
Subtitle B -- Cultural and
Heritage Cooperation Authority |
NRE |
FS |
|
|
|
|
|
|
|
Subtitle D -- Boundary Adjustments
and Land Conveyance Provisions |
|
|
|
8302 |
Land Conveyances |
NRE |
FS |
|
8303 |
|
NRE |
FS |
|
|
|
|
|
|
|
Subtitle E -- Miscellaneous
Provisions |
|
|
|
8401 |
Qualifying Timber Contract Options |
NRE |
FS |
|
8402 |
Hispanic-serving Institution
Agricultural Land National Resources Leadership Program |
REE |
CSREES |
|
|
|
|
|
|
|
TITLE IX -- ENERGY |
|
|
|
9001(a) |
Energy ("Section 9003"
-- Biorefinery Assistance) |
RD |
RBS |
|
9001(a) |
Energy ("Section 9004"
-- Repowering Assistance) |
RD |
RBS |
|
9001(a) |
Energy ("Section 9005"
-- Bioenergy Program for Advanced Biofuels) |
RD |
RBS |
|
9001(a) |
Energy ("Section 9007"
-- Rural Energy for |
RD |
RBS |
|
9001(a) |
Energy ("Section 9009"
-- Rural Energy Self-Sufficiency Initiative) |
RD |
RBS |
|
9001(a) |
Energy ("Section 9010"
-- Feedstock Flexibility Program for Bionergy
Producers) |
FFAS |
FSA |
|
9001(a) |
Energy ("Section 9011"
-- Biomass Crop Assistance Program) |
FFAS |
FSA |
|
9001(a) |
Energy ("Section 9012"
-- |
NRE |
FS |
|
9001(a) |
Energy ("Section 9013"
-- Community Wood Energy Program) |
NRE |
FS |
|
9002 |
Biofuels Infrastructure Study |
OCE |
OEPNU |
|
9003 |
Renewable Fertilizer Study |
REE |
ARS |
|
|
|
|
|
|
|
TITLE X -- HORTICULTURE
AND ORGANIC AGRICULTURE |
|
|
|
|
|
|
|
|
|
Subtitle A -- Horticulture
Marketing and Information |
|
|
|
10101 |
Independent Evaluation of
Department of Agriculture Commodity Purchase Process |
MRP |
AMS |
|
10105 |
Food Safety Education Initiatives |
MRP |
AMS |
|
10107 |
Specialty Crops Market News
Allocation |
MRP |
AMS |
|
|
|
|
|
|
|
Subtitle B -- |
|
|
|
10202 |
National Clean Plant Network |
MRP |
APHIS |
|
10204 |
Regulations to Improve Management
and Oversight of Certain Regulated Articles |
MRP |
APHIS |
|
10205 |
|
NRE |
FS |
|
|
|
|
|
|
|
Subtitle C -- Organic Agriculture |
|
|
|
10302 |
Organic Production and Market Data
Initiatives |
MRP, REE |
AMS (collection and distribution
of price reporting relating to organically produced agricultural products;
report to Congress) / ERS (conduct surveys and analysis and publish reports
relating to organic production, handling, distribution, retail, and trend
studies); NASS (develop surveys and report statistical analysis on
organically produced agricultural products) |
|
|
|
|
|
|
|
Subtitle D -- Miscellaneous |
|
|
|
10403 |
Grant Program to Improve Movement
of Specialty Crops |
MRP |
AMS |
|
10404 |
Market Loss Assistance for Asparagus
Producers |
FFAS |
FSA |
|
|
|
|
|
|
|
TITLE XI -- LIVESTOCK |
|
|
|
11001(a)(2) |
Livestock Mandatory Reporting
(information reporting and dissemination requirements) |
MRP |
AMS |
|
11001(b) |
Livestock Mandatory Reporting
(study and report) |
MRP |
AMS |
|
11006 |
Regulations |
MRP |
GIPSA |
|
11009 |
|
MRP |
AMS |
|
11014 |
Study on Bioenergy
Operations |
REE |
ERS |
|
11015 |
Interstate Shipment of Meat and
Poultry Inspected by Federal and State Agencies for Certain Small
Establishments |
FS |
FSIS |
|
11016(b)(3) |
Inspection Program for Catfish
(report) |
FS |
FSIS |
|
11017(a) |
Food Safety Improvement (Federal
Meat Inspection Act amendments) |
FS |
FSIS |
|
|
|
|
|
|
|
TITLE XII -- CROP
INSURANCE AND DISASTER ASSISTANCE PROGRAMS |
|
|
|
|
|
|
|
|
|
Subtitle A -- Crop Insurance and
Disaster Assistance |
|
|
|
12014(b) |
Study on Efficacy of Pack Factors |
FFAS |
RMA |
|
12030 |
Declining Yield Report |
FFAS |
RMA |
|
12031 |
Definition of Basic Unit |
FFAS |
RMA |
|
12033 |
Supplemental Agricultural Disaster
Assistance |
FFAS |
FSA |
|
12034 |
Fisheries Disaster Assistance
(transfer of CCC funds to Department of Commerce) |
FFAS |
FSA |
|
|
|
|
|
|
|
TITLE XIV --
MISCELLANEOUS |
|
|
|
|
|
|
|
|
|
Subtitle A -- Socially
Disadvantaged Producers and Limited Resource Producers |
|
|
|
14002(b) |
Foreclosure (foreclosure report) |
OIG |
|
|
14003 |
Receipt for Service or Denial of
Service from Certain Department of Agriculture Agencies |
FFAS lead, NRE, RD |
FSA lead, NRCS, RHS, RBS, RUS |
|
14004(a)(2)(B) |
Outreach and Technical Assistance
for Socially Disadvantaged Farmers (report) |
ASCR |
OCR |
|
14005 |
Accurate Documentation in the
Census of Agriculture and Certain Studies |
REE |
NASS (with respect to Census of
Agriculture); ERS (with respect to studies) |
|
14007 |
Oversight and Compliance |
ASCR |
|
|
14010 |
Report of Civil Rights Complaints,
Resolutions, and Actions |
ASCR |
|
|
|
|
|
|
|
|
Subtitle B -- Agricultural
Security |
|
|
|
14112 |
Agricultural |
OHS |
|
|
14113 |
Assistance to Build Local Capacity
in Agricultural Biosecurity Planning, Preparedness, and Response |
OHS |
|
|
14121 |
Research and Development of
Agricultural Countermeasures |
REE |
CSREES |
|
14122 |
Agricultural Biosecurity Grant
Program |
REE |
CSREES |
|
|
|
|
|
|
|
Subtitle C -- Other Miscellaneous
Provisions |
|
|
|
14208 |
Department of Agriculture
Conference Transparency |
OCFO |
|
|
14211 |
Permanent Debarment from
Participation in Department of Agriculture Programs for Fraud |
OCFO lead, ASA |
OPPM |
|
14212 |
Prohibition on Closure or
Relocation of |
FFAS |
FSA |
|
14216 |
Consideration of Proposed
Recommendations of Study on Use of Cats and Dogs in Federal Research |
MRP |
APHIS |
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14218 |
Coordinator for Chronically
Underserved Rural Areas |
RD |
RBS |
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14220 |
Availability of Excess and Surplus
Computers in Rural Areas |
ASA |
OPPM |
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TITLE XV -- TRADE AND TAX
PROVISIONS |
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Subtitle A -- Supplemental
Agricultural Disaster Assistance From the Agricultural Disaster Relief Trust
Fund |
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15101 |
Supplemental Agricultural Disaster
Assistance |
FFAS |
FSA |
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Subtitle C -- Tax Provisions |
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15353(a) |
Information Reporting for CCC
Transactions (section "6039J" of the Internal Revenue Code) |
FFAS |
FSA |
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