Unknown. Final rule

7,462 words·~34 min read·/register/2004/06/21/04-13746

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2004-06-21.xml --- 69 118 Monday, June 21, 2004 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Forest Service See Grain Inspection, Packers and Stockyards Administration See Natural Resources Conservation Service RULES Organization, functions, and authority delegations: Revisions, 34251-34256 04-13746 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 34403-34405 04-13919 04-13920 Antitrust Antitrust Division NOTICES National cooperative research notifications:

Digital Subscriber Line Forum, 34405 04-13875 Multiservice Switching Forum, 34405 04-13879 Open DeviceNet Vendor Association, Inc., 34405-34406 04-13876 Salutation Consortium, Inc., 34406 04-13878 Service Creation Community, 34406 04-13877 Army Army Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Precision Lift, Inc., 34339 04-13921 Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 34374 04-13913 Coast Guard Coast Guard RULES Ports and waterways safety:

Detroit River, Detroit, MI; safety zone, 34276-34278 04-13978 Saginaw River, Bay City, MI; safety zones, 34278-34280 04-13977 San Francisco Bay, San Francisco and Oakland, CA; security zones, 34280-34283 04-13974 NOTICES Committees; establishment, renewal, termination, etc.: Merchant Marine Personnel Advisory Committee, 34383 04-13976 Reports and guidance documents; availability, etc.: International Convention for Safety of Life at Sea (SOLAS); enforcement of requirements, 34383-34384 04-13981 Permanently moored vessels; inspection and certification, 34385-34386 04-13975 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Commodity Credit Corporation RULES Loan and purchase programs:

Conservation Security Program, 34501-34532 04-13745 NOTICES Loan and purchase programs: Conservation Security Program, 34532-34541 04-13540 Comptroller Comptroller of the Currency NOTICES Reports and guidance documents; availability, etc.: Sound Practices Concerning Complex Structured Finance Activities; interagency statement, 34354-34356 04-14052 Defense Defense Department See Army Department Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 34407-34408 04-13950 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

International Energy Agency Industry Advisory Board, 34339-34340 04-13939 Natural gas exportation and importation: Anadarko Energy Services Co., et al., 34341-34342 04-13938 EPA Environmental Protection Agency RULES Air pollution control: State operating permit programs— New York, 34301-34302 04-13933 Air quality implementation plans; approval and promulgation; various States: Delaware, 34285-34301 04-13850 PROPOSED RULES Air pollution control; new motor vehicles and engines:

Heavy duty diesel engines and vehicles; in-use emissions testing; correction, 34326-34335 04-13930 Air quality implementation plans; approval and promulgation; various States: California, 34323-34326 04-13932 NOTICES Agency information collection activities; proposals, submissions, and approvals, 34346-34347 04-13936 Committees; establishment, renewal, termination, etc.: National Drinking Water Advisory Council, 34347-34348 04-13934 Meetings: FIFRA Scientific Advisory Panel, 34348-34351 04-13937 National Drinking Water Advisory Council, 34351 04-13931 Water pollution control:

National Pollutant Discharge Elimination System— Alaska, 34351-34352 04-13935 Total maximum daily loads— Arkansas; state-wide waters list, 34352 04-13686 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives: BURKHART GROB LUFT-UND RAUMFAHRT GmbH & CO KG, 34258-34262 04-13566 McDonnell Douglas, 34257-34258 04-13565 Restricted areas; correction, 34425 C4-12063 PROPOSED RULES Airworthiness directives:

BAE Systems (Operations), Ltd., 34312-34314 04-13916 NOTICES Aviation Rulemaking Advisory Committee; task assignments; withdrawn, 34418 04-13982 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 34352-34354 04-13971 Reports and guidance documents; availability, etc.: Sound Practices Concerning Complex Structured Finance Activities; interagency statement, 34354-34356 04-14052 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas:

Indiana, 34386 04-13905 Louisiana, 34386-34387 04-13904 North Dakota, 34387 04-13906 Emergency preparedness and response plans: Columbia Generating Station, WA, 34387-34388 04-13903 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 34343-34346 E4-1385 Preliminary permits surrender: Northern California Hydro Developers, 34346 E4-1380 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 34342 E4-1379 Marathon LNG Marketing, LLC, 34342 E4-1383 Midwestern Gas Transmission Co., 34342-34343 E4-1382 Renewable Power and Light of Saylorville, LLC, 34343 E4-1384 Texas Gas Transmission, LLC, 34343 E4-1381 Federal Highway Federal Highway Administration PROPOSED RULES Engineering and traffic operations:

Highway bridge replacement and rehabilitation program, 34314-34322 04-13839 Federal Housing Federal Housing Finance Board NOTICES Meetings; Sunshine Act, 34356 04-14030 Federal Reserve Federal Reserve System NOTICES Reports and guidance documents; availability, etc.: Sound Practices Concerning Complex Structured Finance Activities; interagency statement, 34354-34356 04-14052 Federal Transit Federal Transit Administration NOTICES Transfer of federally assisted land or facility:

South Bend, IN; Meade, Washington, and Orange Streets; Northern Indiana Commuter Transportation District; notice of intent, 34418-34419 04-13983 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Surety companies acceptable on Federal bonds: ICI Mutual Insurance Co.; termination, 34419 04-13898 Fish Fish and Wildlife Service NOTICES Environmental statements; availability, etc.: Burgess Brothers, Inc. and Tansitor Electronics, Inc. Superfund Sites, VT, 34388 04-13914 Food Food and Drug Administration NOTICES Medical devices:

Diseases and conditions affecting children; barriers to availabilty of devices, 34374-34375 04-13872 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Flathead County, 34337 04-13912 GSA General Services Administration RULES Federal travel: Government aircraft; CFR parts removed, 34302-34309 04-13349 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Agency designation actions: Nebraska, 34337 04-13899 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Indian Health Service See National Institutes of Health See Public Health Service NOTICES Grants and cooperative agreements; availability, etc.:

Minority health and racial and ethnic disparities improvement programs, 34356-34365 04-13893 National Community Centers of Excellence in Women's Health program, 34365-34373 04-13894 Organization, functions, and authority delegations: Assistant Secretary for Children and Families, 34373-34374 04-13895 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department RULES Lead-based paint hazards in federally owned residential property and housing receiving Federal assistance; notification, evaluation, and reduction, 34262-34276 04-13873 PROPOSED RULES Grants:

Faith-based organizations; participation in department programs; equal treatment of all program participants, 34543-34548 04-13874 Indian Indian Affairs Bureau NOTICES Indian tribes, acknowledgment of existence determinations, etc.: Golden Hill Paugussett Tribe, CT, 34388-34393 04-13871 Indian Indian Health Service NOTICES Inpatient and outpatient hospital care; reimbursement rates (2004 CY), 34375 04-13892 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service IRS Internal Revenue Service PROPOSED RULES Income taxes:

National principal contracts; contingent nonperiodic payments Correction, 34322 04-13954 Hearing cancelled; correction, 34323 04-13953 NOTICES Agency information collection activities; proposals, submissions, and approvals, 34419-34423 04-13955 04-13960 04-13961 Meetings: Taxpayer Advocacy Panels, 34423-34424 04-13962 04-13963 04-13964 International International Trade Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 34337-34338 04-13896 Antidumping:

Stainless steel butt-welded pipe fitings from— Taiwan, 34338 04-14113 International International Trade Commission NOTICES Import investigations: Chloropicrin from— China, 34402-34403 04-13970 Meetings; Sunshine Act, 34403 04-14101 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division See Juvenile Justice and Delinquency Prevention Office Juvenile Juvenile Justice and Delinquency Prevention Office NOTICES Meetings: Juvenile Justice Advisory Committee, 34406-34407 04-13942 Labor Labor Department See Employment Standards Administration Land Land Management Bureau PROPOSED RULES Range management:

Grazing administration— Livestock grazing on public lands exclusive of Alaska; correction, 34425 C3-30264 NOTICES Committees; establishment, renewal, termination, etc.: California Desert District Advisory Council, 34393 04-13907 Environmental statements; notice of intent: Desert Conservation Area, CA, 34394 04-13908 Ukiah Field Office, CA; resource management plan and public meetings, 34394-34395 04-13909 Opening of public lands: Nevada, 04-13911 34395-34396 04-13973 Realty actions; sales, leases, etc.:

Arizona, 34396 04-13910 Maritime Maritime Administration RULES Shipping: Technical amendments, 34309-34311 04-13788 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 34408 04-14112 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 34375-34376 04-13888 Inventions, Government-owned; availability for licensing, 34376-34377 04-13890 Meetings: National Human Genome Research Institute, 34377 04-13880 National Institute of Child Health and Human Development, 34378 04-13884 National Institute of Dental and Craniofacial Research, 34377-34378 04-13881 National Institute of Diabetes and Digestive and Kidney Diseases, 34378 04-13882 National Institute of General Medical Sciences, 34379 04-13886 04-13887 National Institute on Alcohol Abuse and Alcoholism, 34378-34379 04-13885 Scientific Review Center, 34379-34381 04-13883 Patent licenses; non-exclusive, exclusive, or partially exclusive:

Aridis, LLC, 34381-34382 04-13891 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Northeastern United States fisheries— Multispecies fishery, 34335-34336 04-13941 NOTICES Committees; establishment, renewal, termination, etc.: Hawaiian Islands Humpback Whale National Marine Sanctuary Advisory Council, 34339 04-13870 National Park National Park Service NOTICES Environmental statements; availability, etc.: Cap Cod National Seashore, MA, 34397 04-13922 Glacier National Park, MT, 34398 04-13923 Meetings:

Delaware Water Gap National Recreation Area Citizen Advisory Committee, 34398 04-13924 Native American human remains, funerary objects; inventory, repatriation, etc.: Denver Museum of Nature and Science, Denver, CO, 34399 04-13928 Field Museum of Natural History, Chicago, IL, 34399-34400 04-13926 Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA, 34400-34402 04-13925 04-13929 University Museum, University of Arkansas, Fayetteville, AR, 34402 04-13927 NRCS Natural Resources Conservation Service RULES Loan and purchase programs:

Conservation Security Program, 34501-34532 04-13745 NOTICES Loan and purchase programs: Conservation Security Program, 34532-34541 04-13540 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office RULES Patent cases: Patent term extension and adjustment provisions related to Board of Patent Appeals and Interference decisions; revision Interpretation, 34283-34284 04-13765 Public Public Debt Bureau See Fiscal Service Public Public Health Service NOTICES Reports and guidance documents; availability, etc.:

Development and Reproductive Toxicity of Acrylamide, 34382-34383 04-13889 SEC Securities and Exchange Commission RULES Securities: Broker-dealers; alternative net capital requirements, 34427-34472 04-13412 Supervised investment bank holding companies, 34471-34500 04-13413 NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-13966 34408-34409 04-13967 Reports and guidance documents; availability, etc.: Sound Practices Concerning Complex Structured Finance Activities; interagency statement, 34354-34356 04-14052 Securities and Exchange Act:

Standardized options and security futures from 12d-2; temporary exemption order, 34409-34410 04-13968 Self-regulatory organizations; proposed rule changes: Emerging Markets Clearing Corp., 34410-34411 04-13902 Philadelphia Stock Exchange, Inc., 34411-34413 04-13969 SBA Small Business Administration NOTICES Disaster loan areas: North Dakota, 34413 04-13972 Thrift Thrift Supervision Office NOTICES Reports and guidance documents; availability, etc.: Sound Practices Concerning Complex Structured Finance Activities; interagency statement, 34354-34356 04-14052 Trade Trade Representative, Office of United States NOTICES World Trade Organization:

Dispute settlement panel establishment requests— Korea; countervailing duty investigation on dynamic random access memory semiconductors (DRAMS), 34413-34414 04-13945 Mexico; countervailing duty measures on steel plate, 34414-34415 04-13948 Mexico; consultations regarding antidumping measures on— Long-grain white rice and the Foreign Trade Act, 34415-34416 04-13946 Oil country tubular goods, 34416-34418 04-13947 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See Maritime Administration Treasury Treasury Department See Comptroller of the Currency See Fiscal Service See Internal Revenue Service See Thrift Supervision Office Separate Parts In This Issue Part II Securities and Exchange Commission, 34427-34500 04-13412 04-13413 Part III Agriculture Department, Commodity Credit Corporation;

Agriculture Department, Natural Resources Conservation Service, 34501-34541 04-13540 04-13745 Part IV Housing and Urban Development Department, 34543-34548 04-13874 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 69 118 Monday, June 21, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 2 Revision of Delegations of Authority AGENCY:

Office of the Secretary, Department of Agriculture (USDA). ACTION: Final rule. SUMMARY: USDA amends the delegations of authority from the Secretary of Agriculture to the Assistant Secretary for Civil Rights (ASCR), and from the ASCR to the Office of Civil Rights (CR), to no longer require prior approval by the Office of the General Counsel

(OGC)of all final decisions related to complaints of discrimination in employment, federally assisted programs, and federally conducted programs, but rather to leave to the discretion of the ASCR and CR a judgment as to which such decisions should be reviewed by OGC prior to issuance. This document also reflects the transfer of authorities for the Office of Outreach and the Conflict Prevention and Resolution Center from the Assistant Secretary for Administration

(ASA)to the ASCR, transfer of authority related to historic preservation from the ASA to the Under Secretary for Natural Resources and Environment, transfer of authority related to relationships with Native Americans from the ASA to the Assistant Secretary for Congressional Relations, delegations of authority to the Administrator of the Foreign Agricultural Service with respect to coordinating Department activities involving satellite imagery data, and revision of the order of succession in the event of the incapacity of the Secretary or Deputy Secretary. DATES: This rule is effective June 21, 2004. FOR FURTHER INFORMATION CONTACT: Director, Office of Civil Rights (CR), USDA, Reporters Building, Room 541, 1400 Independence Avenue, SW., Washington, DC 20250,

(202)720-5212 (for civil rights matters); Allen VanderGriff, Foreign Agricultural Service (FAS), United States Department of Agriculture, Room 6539-S, 1400 Independence Avenue, SW., Washington, DC 20250,

(202)720-0888 (for satellite imagery matters); or Arthur Goldman, Office of the Assistant Secretary for Administration (ASA), Room 209-A, 1400 Independence Avenue, SW., Washington, DC 20250,

(202)720-3291 (all other matters). SUPPLEMENTARY INFORMATION: Civil Rights Delegations The Department of Agriculture

(USDA)is one of the largest Federal agencies in the nation. Its programs affect millions of people, from farmers to residents of rural communities to school children. It operates one of the most complex and decentralized civil rights structures in the Federal Government. Numerous agencies and staff nationwide are involved in carrying out its civil rights program. One of the primary responsibilities of the USDA's Office of Civil Rights

(CR)is to ensure compliance with civil rights laws, regulations, and policies. Since 1971, CR has been responsible for providing leadership, guidance, coordination, and direction to all USDA agencies, offices, and staff engaged in civil rights enforcement and voluntary civil rights compliance. Through the years, CR has undergone reorganizations, name changes, and realignments in an effort to ensure compliance with all civil rights laws and regulations throughout USDA. In an effort to further strengthen civil rights compliance and enforcement within USDA, Congress, in passing the Farm Security and Rural Investment Act of 2002, Public Law 107-171, authorized the position of the Assistant Secretary of Civil Rights (ASCR). The Secretary established that position on March 7, 2003. The ASCR conducted a review of the Department's civil rights programs, including the Delegations of Authority for processing complaints of discrimination in employment, as well as, those for federally assisted and federally conducted programs. Current regulations require a legal sufficiency review by the Office of the General Counsel

(OGC)of the following: • Determinations that program complaint investigations performed under 7 CFR 15.6 establish a proper basis for findings of discrimination, and that actions taken to correct such findings are adequate; • Final determinations on both the merits and required corrective actions as to complaints filed under 7 CFR part 15d; • Final Agency Decisions on Equal Employment Opportunity complaints by employees or applicants for employment; • Final Agency Decisions on program discrimination complaints; and • Final determinations or settlement agreements on discrimination complaints in conducted programs subject to the Equal Credit Opportunity Act. It has been determined that the requirements for mandatory review by OGC of all decisions, corrective actions, and settlement agreements falling within these categories will be removed, and the ASCR and officials of CR will be permitted to seek legal review, whenever warranted, on a case-by-case basis. Therefore, the Delegations of Authority from the Secretary to the ASCR, and from the ASCR to the Director of CR, are revised to remove the mandatory requirements of OGC's legal sufficiency reviews. The delegation from the ASCR to the Director of CR is further revised to clarify that the ASCR serves as the Department's Director of Equal Employment Opportunity and the Director of CR provides support to the ASCR in that capacity. Outreach and Conflict Resolution By Secretary's Memorandum 1020-53 issued on August 1, 2003, the Secretary transferred the Office of Outreach and the Conflict Prevention and Resolution Center, Office of Human Resources Management, from the Assistant Secretary for Administration

(ASA)to the ASCR. This rule revises the published delegations of authority to reflect that transfer. Satellite Imagery The Foreign Agricultural Service

(FAS)is responsible for conducting studies of worldwide agricultural production, trade, and other factors affecting exports and imports of U.S. agricultural commodities. As part of this function, FAS acts as the Departmental liaison with U.S. space programs undertaking remote sensing activities, and coordinates all agency satellite imagery data needs. This rule will revise currently obsolete delegations from the Under Secretary for Farm and Foreign Agricultural Services pertaining to satellite imagery and place these functions within the FAS. Relationships With Native American Tribes Principal responsibility for the implementation of Executive Order 13175, including consultation and collaboration with tribal officials, and coordination of USDA programs involving assistance to American Indians and Alaska Natives is transferred from the Assistant Secretary for Administration to the Assistant Secretary for Congressional Relations, and further redelegated to the Director, Office of Intergovernmental Relations. Historic Preservation Responsibility for USDA implementation of the National Historic Preservation Act of 1966, 16 U.S.C. 470 *et seq.* , Executive Order 11593, 3 CFR, 1971-1975 Comp., p. 559, and regulations of the Advisory Council on Historic Preservation, 36 CFR part 800, including the authority to name the Secretary's designee to the Advisory Council on Historic Preservation, is transferred from the ASA to the Under Secretary for Natural Resources and Environment. Order of Succession Finally, on December 18, 2001, President Bush signed Executive Order 13241 (66 FR 66258 (December 21, 2001)) which revised the order of succession of officials to act as Secretary of Agriculture during any period in which both the Secretary and Deputy Secretary have died, resigned, or are otherwise unable to perform the functions and duties of the Office of the Secretary. The delegations of authority at 7 CFR 2.5 are revised to reflect the provisions of Executive Order 13241, as amended by Executive Order 13261 issued on March 19, 2002 (67 FR 13243 (March 21, 2002)). Classification 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** . Further, since this rule relates to internal agency management, it is exempt from the provisions of Executive Order No. 12291. Finally, this action is not a rule as defined by the Regulatory Flexibility Act, Public Law 96-354, and, thus, is exempt from the provisions of that Act. List of Subjects in 7 CFR Part 2 Administrative practice and procedure, Authority delegations (government agencies), Civil rights, Nondiscrimination. Accordingly, title 7 of the Code of Federal Regulations is amended as set forth below: 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 A—General 2. Revise § 2.5 to read as follows: § 2.5 Order in which officers of the Department shall act as Secretary.

(a)Pursuant to Executive Order 13241 (66 FR 66258), as amended by Executive Order 13261 (67 FR 13243), during any period when both the Secretary and the Deputy Secretary have died, resigned, or are otherwise unable to perform the functions and duties of the office of the Secretary, the officials designated in paragraphs (a)(1) through (a)(10) of this section shall act as Secretary in the order in which they are listed. Each official shall act only in the event of the death, resignation, or inability to perform the duties of Secretary of the immediately preceding official:

(1)The Under Secretary for Farm and Foreign Agricultural Services.

(2)The Under Secretary for Marketing and Regulatory Programs.

(3)The Under Secretary for Rural Development.

(4)The Under Secretary for Food, Nutrition, and Consumer Services.

(5)The Under Secretary for Natural Resources and Environment.

(6)The Under Secretary for Research, Education, and Economics.

(7)The Under Secretary for Food Safety.

(8)The General Counsel.

(9)The Assistant Secretary for Administration.

(10)The Assistant Secretary for Congressional Relations.

(b)No official who is serving in an office listed in paragraphs (a)(1) through (a)(10) of this section in an acting capacity shall, by virtue of so serving, act as Secretary pursuant to this section.

(c)Notwithstanding the provisions of this section and Executive Orders 13241 and 13262, the President retains the discretion, to the extent permitted by Subchapter III of Chapter 33 of title 5 of the United States Code, to depart from the order of succession in paragraph

(a)of this section in designating an acting Secretary. Subpart C—Delegations of Authority to the Deputy Secretary, the Under Secretaries and Assistant Secretaries 3. Add § 2.20(a)(9) to read as follows: § 2.20 Under Secretary for Natural Resources and Environment.

(a)* * *

(9)*Related to historic preservation.* Administer the implementation of the National Historic Preservation Act of 1966, 16 U.S.C. 470 *et seq.* , Executive Order 11593, 3 CFR, 1971-1975 Comp., p. 559, and regulations of the Advisory Council on Historic preservation, 36 CFR part 800, for the Department of Agriculture with authority to name the Secretary's designee to the Advisory Council on Historic Preservation. 4. Add § 2.23(a)(2)(v) to read as follows: § 2.23 Assistant Secretary for Congressional Relations

(a)* * *

(2)* * *

(v)Serve as the official with the principal responsibility for the implementation of Executive Order 13175, including consultation and collaboration with tribal officials, and coordinate the Department's programs involving assistance to American Indians and Alaska Natives. § 2.24 [Amended] 5. Amend § 2.24 as follows: a. Remove and reserve paragraphs (a)(4) and (a)(12), b. Remove paragraphs (a)(18), and (a)(19), c. Redesignate paragraph (a)(20) as (a)(18). 6. Revise § 2.25 to read as follows: § 2.25 Assistant Secretary for Civil Rights.

(a)The following delegations of authority are made by the Secretary to the Assistant Secretary for Civil Rights:

(1)Provide overall leadership, coordination, and direction for the Department's programs of civil rights, including program delivery, compliance, and equal employment opportunity, with emphasis on the following:

(i)Actions to enforce Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, prohibiting discrimination in federally assisted programs.

(ii)Actions to enforce Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e, prohibiting discrimination in Federal employment.

(iii)Actions to enforce Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, *et seq.* , prohibiting discrimination on the basis of sex in USDA education programs and activities funded by the Department.

(iv)Actions to enforce the Age Discrimination Act of 1975, 42 U.S.C. 6102, prohibiting discrimination on the basis of age in USDA programs and activities funded by the Department.

(v)Actions to enforce section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, prohibiting discrimination against individuals with disabilities in USDA programs and activities funded by the Department.

(vi)Actions to enforce section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, prohibiting discrimination against individuals with disabilities in USDA conducted programs.

(vii)Actions to enforce related Executive Orders, Congressional mandates, and other laws, rules, and regulations, as appropriate.

(viii)Actions to develop and implement the Department's Federal Women's Program.

(ix)Actions to develop and implement the Department's Hispanic Employment Program.

(2)Evaluate Departmental agency programs, activities, and impact statements for civil rights concerns.

(3)Provide leadership and coordinate Departmental agencies and systems for targeting, collecting, analyzing, and evaluating program participation data and equal employment opportunity data.

(4)Provide leadership and coordinate Departmentwide programs of public notification regarding the availability of USDA programs on a nondiscriminatory basis.

(5)Coordinate with the Department of Justice on matters relating to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), title IX of the Education Amendments of 1972 (20 U.S.C. 1681, *et seq.* ), and section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), except those matters in litigation, including administrative enforcement actions, which shall be coordinated by the Office of the General Counsel.

(6)Coordinate with the Department of Health and Human Services on matters relating to the Age Discrimination Act of 1975, 42 U.S.C. 6102, except those matters in litigation, including administrative enforcement actions, which shall be coordinated by the Office of the General Counsel.

(7)Order proceedings and hearings in the Department pursuant to §§ 15.9(e) and 15.86 of this title which concern consolidated or joint hearings within the Department or with other Federal departments and agencies.

(8)Order proceedings and hearings in the Department pursuant to § 15.8 of this title after the program agency has advised the applicant or recipient of his or her failure to comply and has determined that compliance cannot be secured by voluntary means.

(9)Issue orders to give a notice of hearing or the opportunity to request a hearing pursuant to part 15 of this title; arrange for the designation of an Administrative Law Judge to preside over any such hearing; and determine whether the Administrative Law Judge so designated will make an initial decision or certify the record to the Secretary of Agriculture with his or her recommended findings and proposed action.

(10)Authorize the taking of action pursuant to § 15.8(a) of this title relating to compliance by “other means authorized by law.”

(11)Make determinations required by § 15.8(d) of this title that compliance cannot be secured by voluntary means, and then take action, as appropriate.

(12)Make determinations that program complaint investigations performed under § 15.6 of this title establish a proper basis for findings of discrimination, and that actions taken to correct such findings are adequate.

(13)Investigate (or make determinations that program complaint investigations establish a proper basis for final determinations), make final determinations on both the merits and required corrective action, and, where applicable, make recommendations to the Secretary that relief be granted under 7 U.S.C. 6998(d) notwithstanding the finality of National Appeals Division decisions, as to complaints filed under parts 15a, 15b, and 15d of this title, except in those cases where the Assistant Secretary for Civil Rights has participated in the events that gave rise to the matter.

(14)Conduct civil rights investigations and compliance reviews Departmentwide.

(15)Develop regulations, plans, and procedures necessary to carry out the Department's civil rights programs, including the development, implementation, and coordination of Action Plans.

(16)Monitor, evaluate, and report on agency compliance with established policy and Executive Orders which further the participation of historically Black colleges and universities, the Hispanic-serving institutions, 1994 tribal land grant institutions, and other colleges and universities with substantial minority group enrollment in Departmental programs and activities.

(17)*Related to Equal Employment Opportunity (EEO).* Is designated as the Department's Director of Equal Employment Opportunity with authority:

(i)To perform the functions and responsibilities of that position under 29 CFR part 1614, including the authority:

(A)To make changes in programs and procedures designed to eliminate discriminatory practices and improve the Department's EEO program.

(B)To provide EEO services for managers and employees.

(C)To make final agency decisions on EEO complaints by Department employees or applicants for employment and order such corrective measures in such complaints as may be considered necessary, including the recommendation for such disciplinary action as is warranted when an employee has been found to have engaged in a discriminatory practice.

(ii)Administer the Department's EEO program.

(iii)Oversee and manage the EEO counseling function for the Department.

(iv)Process formal EEO complaints by employees or applicants for employment.

(v)Investigate Department EEO complaints and make final decisions on EEO complaints, except in those cases where the Assistant Secretary has participated in the events that gave rise to the matter.

(vi)Order such corrective measures in EEO complaints as may be considered necessary, including the recommendation for such disciplinary action as is warranted when an employee has been found to engage in a discriminatory practice.

(vii)Provide liaison on EEO matters concerning complaints and appeals with the Department agencies and Department employees.

(viii)Coordinate the Department's affirmative employment program, special emphasis programs, Federal Equal Opportunity Recruitment Program, EEO evaluations, and development of policy.

(ix)Provide liaison on EEO programs and activities with the Equal Employment Opportunity Commission and the Office of Personnel Management.

(18)Maintain liaison with historically Black colleges and universities, the Hispanic-serving institutions, 1994 tribal land grant institutions, and other colleges and universities with substantial minority group enrollment, and assist Department agencies in strengthening such institutions by facilitating institutional participation in Department programs and activities and by encouraging minority students to pursue curricula that could lead to careers in the food and agricultural sciences.

(19)Administer the discrimination appeals and complaints program for the Department, including all formal individual or group appeals, where the system provides for an avenue of redress to the Department level, Equal Employment Opportunity Commission, or other outside authority.

(20)Make final determinations, or enter into settlement agreements, on discrimination complaints in federally conducted programs subject to the Equal Credit Opportunity Act. This delegation includes the authority to make compensatory damage awards whether pursuant to a final determination or in a settlement agreement under the authority of the Equal Credit Opportunity Act and the authority to obligate agency funds, including CCC and FCIC funds to satisfy such an award.

(21)Make final determinations in proceedings under part 15f of this title where review of an administrative law judge decision is undertaken.

(22)Provide civil rights and equal employment opportunity support services, with authority to take actions required by law or regulation to perform such services for:

(i)The Secretary of Agriculture.

(ii)The general officers of the Department.

(iii)The offices and agencies reporting to the Assistant Secretary for Administration.

(iv)Any other offices or agencies of the Department as may be agreed.

(23)*Related to outreach* .

(i)Develop policy guidelines and implement a Departmental outreach program which delivers services to traditionally under-served customers.

(ii)Develop a strategic outreach plan for the Department which coordinates the goals, objectives, and expectations of mission area outreach programs.

(iii)Coordinate the dissemination/communication of all outreach information from the Department and its mission areas ensuring its transmission to as wide a public spectrum as possible.

(iv)Serve as the Department's official outreach spokesperson.

(v)Provide coordination and oversight of agency outreach activities including the establishment of outreach councils.

(vi)Develop a system to monitor the delivery of outreach grants and funding.

(vii)Establish requirements and procedures for reporting agency outreach status and accomplishments including Departmental reporting under the Outreach and Assistance for Socially Disadvantaged Farmers and Ranchers Program (7 U.S.C. 2279).

(24)*Related to conflict management* .

(i)Designate the senior official to serve as the Department Dispute Resolution Specialist under the Administrative Dispute Resolution Act of 1996, 5 U.S.C. 571, *et seq.* , and provide leadership, direction and coordination for the Department's conflict prevention and resolution activities.

(ii)Issue Departmental regulations, policies, and procedures relating to the use of Alternative Dispute Resolution

(ADR)to resolve employment complaints and grievances, workplace disputes, Departmental program disputes, and contract and procurement disputes.

(iii)Provide ADR services for:

(A)The Secretary of Agriculture.

(B)The general officers of the Department.

(C)The offices and agencies reporting to the Assistant Secretary for Administration.

(D)Any other officer or agency of the Department as may be agreed.

(iv)Develop and issue standards for mediators and other ADR neutrals utilized by the Department.

(v)Coordinate ADR activities throughout the Department.

(vi)Monitor agency ADR programs and report at least annually to the Secretary on the Department's ADR activities.

(25)Redelegate, as appropriate, any authority delegated under this section to general officers of the Department and heads of Departmental agencies.

(b)[Reserved] Subpart F—Delegations of Authority by the Under Secretary for Farm and Foreign Agricultural Services § 2.42 [Amended] 7. Remove § 2.42(a)(3)(ix) and redesignate § 2.42(a)(3)(x) as § 2.42(a)(3)(ix). 8. Add § 2.43(a)(45) to read as follows: § 2.43 Administrator, Foreign Agricultural Service.

(a)* * *

(45)Support remote sensing activities of the Department and research with satellite imagery including:

(i)Providing liaison with U.S. space programs;

(ii)Providing administrative management of the USDA Remote Sensing Archive and the transfer of satellite imagery to all USDA agencies;

(iii)Coordinating all agency satellite imagery data needs; and

(iv)Arranging for acquisition, and preparation of imagery for use to the extent of existing capabilities. Subpart O—Delegations of Authority by the Assistant Secretary for Congressional Relations 9. Revise § 2.85(a) to read as follows: § 2.85 Director, Office of Intergovernmental Affairs.

(a)Delegations. Pursuant to § 2.23, the following delegations of authority are made by the Assistant Secretary for Congressional Relations to the Director, Office of Intergovernmental Affairs:

(1)Coordinate all programs involving intergovernmental affairs including State and local government relations and liaison with:

(i)National Association of State Departments of Agriculture;

(ii)Office of Intergovernmental Relations (Office of Vice President);

(iii)Advisory Commission on Intergovernmental Relations;

(iv)Council of State Governments;

(v)National Governors Conference;

(vi)National Association of Counties;

(vii)National League of Cities;

(viii)International City Managers Association;

(ix)U.S. Conference of Mayors; and

(x)Such other State and Federal agencies, departments, and organizations as are necessary in carrying out the responsibilities of this office.

(2)Maintain oversight of the activities of USDA representatives to the 10 Federal Regional councils.

(3)Serve as the USDA contact with the Advisory Commission on Intergovernmental Relations for implementation of OMB Circular A-85 to provide advance notification to State and local governments of proposed changes in Department programs that affect such governments.

(4)Act as the Department representative for Federal executive board matters.

(5)Serve as the official with the principal responsibility for the implementation of Executive Order 13175, including consultation and collaboration with tribal officials, and coordinate the Department's programs involving assistance to American Indians and Alaska Natives. Subpart P—Delegations of Authority by the Assistant Secretary for Administration § 2.92 [Amended] 10. Remove § 2.92(a)(24) and redesignate §§ 2.92(a)(25) and

(26)as §§ 2.92(a)(24) and (25). § 2.90 [Removed] 11. Remove and reserve § 2.90. Subpart R—Delegations of Authority by the Assistant Secretary for Civil Rights 12. Revise § 2.300 to read as follows: § 2.300 Director, Office of Civil Rights.

(a)Pursuant to § 2.25, the following delegations of authority are made by the Assistant Secretary for Civil Rights to the Director, Office of Civil Rights: