[Federal Register: February 14, 2003 (Volume 68, Number 31)]
[Rules and Regulations]
[Page 7411-7412]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14fe03-1]
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Rules and Regulations
Federal Register
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[[Page 7411]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 15f
RIN 0503-AA24
Administrative Civil Rights Adjudications Under Section 741
AGENCY: Office of the Secretary, Department of Agriculture (USDA).
ACTION: Interim final rule.
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SUMMARY: The USDA amends the adjudication process for certain civil
rights discrimination complaints filed administratively with USDA in
order to establish deadlines for complainants to request a formal
proceeding before an administrative law judge (ALJ) and to clarify that
complaints may no longer be filed.
DATES: This rule is effective February 14, 2003. Written comments must
be received by March 17, 2003.
ADDRESSES: Submit all comments concerning this interim final rule to:
David Winningham, Director, Office of Civil Rights (CR), USDA, Whitten
Building, Room 326-W, 1400 Independence Avenue, SW., Washington, DC
20250. Comments may be submitted via electronic mail to: David
Winningham@usda.gov.
FOR FURTHER INFORMATION CONTACT: David Winningham, Director, Office of
Civil Rights, (202) 720-5212.
SUPPLEMENTARY INFORMATION:
Classification
This interim final rule has been reviewed under Executive Order
(E.O.) 121866, and it has been determined that it is not a
``significant regulatory action'' because it will not have an annual
effect on the economy of $100 million or more or adversely and
materially affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local or
tribal governments or communities. This interim final rule will not
create any serious inconsistencies or otherwise interfere with actions
taken or planned by another agency. It will not materially alter the
budgetary impact of entitlements, grants, user fees, or loan programs,
or the rights and obligations of recipients thereof, and does not raise
novel legal or policy issues arising out of legal mandates, the
President's priorities or principles set forth in E.O. 12866.
Regulatory Flexibility Act
USDA certifies that this interim final rule will not have a
significant impact on a substantial number of small entities as defined
in the Regulatory Flexibility Act, Pub. L. 96-534, as amended (5 U.S.C.
601 et seq.).
Background and Purpose
The purpose of this interim final rule is to establish finality
with respect to the status of Section 741 Complaint Requests filed
under part 15f by imposing deadlines that will bring closure to all
actions filed under part 15f.
On December 4, 1998, USDA published an interim final rule at 7 CFR
part 15f implementing Section 741 of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 1999, enacted in Division A, section 101(a) of the
Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999, Pub. L. 105-277. Section 741 waived the statute of limitations
(SOL) for filing discrimination complaints under certain
nondiscrimination statutes for a period of two years after the
enactment of that Act with respect to certain USDA programs.
The period for filing a Section 741 Complaint Request under the
waiver of the SOL provided in Section 741 expired on October 21, 2000.
USDA no longer has authority under the terms of the statutory waiver to
accept Section 741 Complaint Requests under part 15f unless such a
complaint has already been docketed under part 15f by USDA or unless a
request was filed with USDA prior to October 21, 2000. This interim
final rule amends Sec. 15f.5 to make clear that Section 741 Complaint
Requests filed under part 15f are no longer accepted by USDA.
A number of Section 741 Complaint Requests filed under the waiver
are still pending before USDA, and complainants are still entitled to
review of the final resolution of those Section 741 Complaint Requests
by an ALJ if the Section 741 Complaint Requests are pursued to the
formal proceeding stage under part 15f.
Prior to enactment of Section 741, USDA had a number of civil
rights complaints pending that were eligible for consideration under
Section 7841. In part 15f, USA committed itself to automatically
docketing these pending complaints as Section 741 Complaint Requests
and reviewing them to determine if settlement was a possibility. If
settlement did not occur, then the Director would advise the
complainant of the opportunity for review of the Section 741 Complaint
Request under formal proceedings before an ALJ. Additionally, any new
Section 741 Complaint Requests that were filed after promulgation of
part 15f similarly were reviewed to determine if settlement was a
possibility, and complainants were notified of the opportunity for an
ALJ review if settlement did not occur.
The current regulations do not specify a deadline by which a
complainant must seek an ALJ review of the Section 741 Complaint
Request after USDA has informed the complainant that USDA will not
settle the Section 741 Complaint Request. In order to bring legal
finality to the complaint resolution process provided in part 15f, USDA
amends Sec. 15f.9 to specify that a complainant has 30 days from
receipt of a notice that USDA will not settle the Section 741 Complaint
Request to file a request for review by an ALJ. Complainants who, prior
to the date of publication of this interim final rule, received a
notice that USDA would not settle will have until 90 days after
February 14, 2003 to request review of their Section 741 Complaint
Request by an ALJ. Finally, part 15f is clarified to state that new
request under part 15f will not be accepted by USDA.
List of Subjects in 7 CFR Part 15f
Administrative practice and procedure, Agriculture, Appeal
procedures, Civil rights, Equal access to justice, Ex parte
communications, Farmers, Federal aid programs, guaranteed loans,
Insured loans, Loan
[[Page 7412]]
programs, Nondiscrimination, and Price support programs.
For the reasons stated in the preamble, USDA proposes to amend 7
CFR part 15f as follows:
PART 15f--ADJUDICATIONS UNDER SECTION 741
1. The authority citation for part 15f continues to read as
follows:
Authority: 5 U.S.C. 301; section 101(a) of Pub. L. 105-277, 112
Stat. 2681; Reorganization Plan No. 2 of 1953 (5 U.S.C. App.).
2. Amend paragraph (c) of Sec. 15f.5 to add a sentence to read as
follows:
Sec. 15f.5 How do I request that USDA consider my complaint under
these procedures?
* * * * *
(c) * * * If you did not receive a notice form USDA by October 21,
2000, that your Section 741 Complaint Request had been docketed
automatically under paragraph (a) of this section, and you did not file
a Section 741 Complaint Request prior to October 21, 2000, under
paragraph (b) of this section, then any Section 741 Complaint Request
received by USDA after October 21, 2000, will not be accepted.
3. Revise Sec. 15f.9 to read as follows:
Sec. 15f.9 What will the Director do to settle my Section 741
Complaint Request when it is received?
The Director will review each Section 741 Complaint Request. If the
Director finds that your complaint is an eligible complaint, the
Director will: review all documents and evidence submitted by you;
review all agency or CR files, if any exist, regarding the
circumstances surrounding the alleged discrimination; review any damage
claims; and seek any further clarification, if necessary, from either
you or the agency. CR also may refer your eligible complaint for a
formal investigation by the CR Program Investigation Division or by an
outside contractor. Based on his or her review, the Director will
either undertake negotiations with you to resolve the complaint; or
inform you that CR will not settle the complaint and explain to you
your options, including your right to request formal proceedings before
an ALJ under subpart D of this part within 30 days of receipt of notice
from the Director that CR will not settle the complaint. If the
complaint is successfully resolved or settled, the Director will issue
a final determination disposing of the matter. If you have received a
notice that the Director will not settle the complaint prior to
February 14, 2003, you have until 90 days after February 14, 2003 to
request formal proceedings under subpart D of this part. Any request
for formal proceedings received by USDA after the deadlines set forth
in this section will not be accepted.
Done at Washington, DC, this 7th day of February, 2003.
Ann M. Veneman,
Secretary of Agriculture.
[FR Doc. 03-3565 Filed 2-13-03; 8:45 am]
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