REG 7 CFR PART 1B-2012 NATIONAL ENVIRONMENTAL POLICY ACT.pdf

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1、119 Office of the Secretary, USDA 1b.1 1a.2 Authorization. Any official of the Office of Inspector General who is designated by the In-spector General according to 1a.3 and 1a.5 of this part and who is engaged in the performance of his/her official du-ties under the authority provided in section 6,

2、or described in section 9, of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized to (a) Make an arrest without a warrant for any criminal felony violation sub-ject to 1a.4, if such violation is com-mitted, or if the official has probable cause to believe that such violation is being co

3、mmitted, in his/her presence; (b) Execute and serve a warrant for an arrest, for the search of premises, or the seizure of evidence if such warrant is issued under authority of the United States upon probable cause to believe that any criminal felony violation, subject to 1a.4, has been committed; a

4、nd (c) Carry a firearm. 50 FR 13759, Apr. 8, 1985 1a.3 Persons authorized. Any person who is employed in the Office of Inspector General and who is designated by the Inspector General in accordance with and subject to 1a. and who conducts investigations of al-leged or suspected felony criminal vio-l

5、ations of statutes administered by the Secretary of Agriculture or any agency of the Department of Agriculture may exercise the authorities listed in and pursuant to 1a.2. 1a.4 Limitations. The powers granted by 1a.2(a) and 1a.2(b) shall be exercised only when a designated official is engaged in an

6、in-vestigation of alleged or suspected fel-ony violations of statutes administered by the Secretary of Agriculture or any agency of the Department. 50 FR 13759, Apr. 8, 1985 1a.5 Responsibility of the Inspector General. The Inspector General shall: (a) Issue directives conforming to this part govern

7、ing the exercise of the authorities granted by this part. These directives should contain the policies and procedures by which the authori-ties will be exercised by designated of-ficials of the Office of Inspector Gen-eral; (b) Establish criteria for qualifica-tion by officials of the Office of Insp

8、ec-tor General who are designated to exer-cise the authorities granted in this part; (c) Monitor the implementation and exercise of the authorities granted by this part; (d) Designate, pursuant to 1a.2, 1a.3 and 1a.4, and the directives issued under paragraph (a) of this section, and the criteria es

9、tablished under para-graph (b) of this section, employees who have satisfied all the qualifica-tions set by the Inspector General to exercise the authorities granted by 1a.2; and (e) Submit to the Attorney General of the United States the name of any employee of the Office of Inspector General desig

10、nated pursuant to para-graph (d) of this section. Any designa-tion not specifically disapproved by the Attorney General within 30 days after the date of submission shall be deemed approved. PART 1bNATIONAL ENVIRONMENTAL POLICY ACT Sec. 1b.1 Purpose. 1b.2 Policy. 1b.3 Categorical exclusions. 1b.4 Exc

11、lusion of agencies. AUTHORITY: 5 U.S.C. 301; 42 U.S.C. 4321 et seq.; E.O. 11514, 3 CFR, 19661970 Comp., p. 902, as amended by E.O. 11991, 3 CFR, 1978 Comp., p. 123; E.O. 12114, 3 CFR, 1980 Comp., p. 356; 40 CFR 1507.3. SOURCE: 48 FR 11403, Mar. 18, 1983, unless otherwise noted. 1b.1 Purpose. (a) Thi

12、s part supplements the regula-tions for implementation of the Na-tional Environmental Policy Act (NEPA), for which regulations were published by the Council on Environ-mental Quality (CEQ) in 40 CFR parts 1500 through 1508. This part incor-porates and adopts those regulations. (b) This part sets for

13、th Departmental policy concerning NEPA, establishes categorical exclusions of actions car-ried out by the Department and its VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00129 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo r

14、eproduction or networking permitted without license from IHS-,-,-120 7 CFR Subtitle A (1112 Edition) 1b.2 agencies, and sets forth those USDA agencies which are excluded from the requirement to prepare procedures im-plementing NEPA. 48 FR 11403, Mar. 18, 1983, as amended at 60 FR 66481, Dec. 22, 199

15、5 1b.2 Policy. (a) All policies and programs of the various USDA agencies shall be planned, developed, and implemented so as to achieve the goals and to follow the procedures declared by NEPA in order to assure responsible stewardship of the environment for present and fu-ture generations. (b) Each

16、USDA agency is responsible for compliance with this part, the regu-lations of CEQ, and NEPA. Compliance will include the preparation and imple-mentation of specific procedures and processes relating to the programs and activities of the individual agency, as necessary. (c) The Under Secretary, Natur

17、al Re-sources and Environment (NR the Council on Environmental Quality; and the Under Secretary, NR (2) Activities which deal solely with the funding of programs, such as pro-gram budget proposals, disbursements, and transfer or reprogramming of funds; (3) Inventories, research activities, and studi

18、es, such as resource inven-tories and routine data collection when such actions are clearly limited in con-text and intensity; (4) Educational and informational programs and activities; (5) Civil and criminal law enforce-ment and investigative activities; (6) Activities which are advisory and consul

19、tative to other agencies and pub-lic and private entities, such as legal counselling and representation; (7) Activities related to trade rep-resentation and market development activities abroad. (b) Agencies will identify in their own procedures the activities which normally would not require an env

20、iron-mental assessment or environmental impact statement. (c) Notwithstanding the exclusions listed in paragraphs (a) of this section and 1b.4, or identified in agency proce-dures, agency heads may determine that circumstances dictate the need for preparation of an EA or EIS for a par-ticular action

21、. Agencies shall continue to scrutinize their activities to deter-mine continued eligibility for categor-ical exclusion. 48 FR 11403, Mar. 18, 1983, as amended at 60 FR 66481, Dec. 22, 1995 VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00130 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pma

22、ngrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-121 Office of the Secretary, USDA 1c.101 1b.4 Exclusion of agencies. (a) The USDA agencies and agency units listed in paragraph (b) of this sec-tion conduct programs and

23、activities that have been found to have no indi-vidual or cumulative effect on the human environment. The USDA agen-cies and agency units listed in para-graph (b) of this section are excluded from the requirements of preparing procedures to implement NEPA. Ac-tions of USDA agencies and agency units

24、listed in paragraph (b) of this sec-tion are categorically excluded from the preparation of an EA or EIS unless the agency head determines that an ac-tion may have a significant environ-mental effect. (b)(1) Agricultural Marketing Service (2) Economic Research Service (3) Reserved (4) Federal Corp I

25、nsurance Corpora-tion (5) Food and Consumer Service (6) Food Safety and Inspection Serv-ice (7) Foreign Agricultural Service (8) Grain Inspection, Packers and Stockyards Administration (9) National Agricultural Library (10) National Agricultural Statistics Service (11) Office of the General Counsel

26、(12) Office of the Inspector General 60 FR 66481, Dec. 22, 1995, as amended at 76 FR 4802, Jan. 27, 2011 PART 1cPROTECTION OF HUMAN SUBJECTS Sec. 1c.101 To what does this policy apply? 1c.102 Definitions. 1c.103 Assuring compliance with this pol-icyresearch conducted or supported by any Federal Depa

27、rtment or Agency. 1c.1041c.106 Reserved 1c.107 IRB membership. 1c.108 IRB functions and operations. 1c.109 IRB review of research. 1c.110 Expedited review procedures for cer-tain kinds of research involving no more than minimal risk, and for minor changes in approved research. 1c.111 Criteria for IR

28、B approval of research. 1c.112 Review by institution. 1c.113 Suspension or termination of IRB ap-proval of research. 1c.114 Cooperative research. 1c.115 IRB records. 1c.116 General requirements for informed consent. 1c.117 Documentation of informed consent. 1c.118 Applications and proposals lacking

29、definite plans for involvement of human subjects. 1c.119 Research undertaken without the in-tention of involving human subjects. 1c.120 Evaluation and disposition of applica-tions and proposals for research to be conducted or supported by a Federal De-partment or Agency. 1c.121 Reserved 1c.122 Use o

30、f Federal funds. 1c.123 Early termination of research sup-port: Evaluation of applications and pro-posals. 1c.124 Conditions. AUTHORITY: 5 U.S.C. 301; 42 U.S.C. 300v1(b). SOURCE: 56 FR 28012, 28018, June 18, 1991, unless otherwise noted. 1c.101 To what does this policy apply? (a) Except as provided

31、in paragraph (b) of this section, this policy applies to all research involving human sub-jects conducted, supported or otherwise subject to regulation by any federal de-partment or agency which takes appro-priate administrative action to make the policy applicable to such research. This includes re

32、search conducted by federal civilian employees or military personnel, except that each department or agency head may adopt such proce-dural modifications as may be appro-priate from an administrative stand-point. It also includes research con-ducted, supported, or otherwise subject to regulation by

33、the federal govern-ment outside the United States. (1) Research that is conducted or sup-ported by a Federal department or agency, whether or not it is regulated as defined in 1c.102(e), must comply with all sections of this policy. (2) Research that is neither con-ducted nor supported by a Federal

34、de-partment or agency but is subject to regulation as defined in 1c.102(e) must be reviewed and approved, in compli-ance with 1c.101, 1c.102, and 1c.107 through 1c.117 of this policy, by an in-stitutional review board (IRB) that op-erates in accordance with the pertinent requirements of this policy.

35、 (b) Unless otherwise required by de-partment or agency heads, research ac-tivities in which the only involvement of human subjects will be in one or VerDate Mar2010 11:10 Feb 02, 2012 Jkt 226012 PO 00000 Frm 00131 Fmt 8010 Sfmt 8010 Y:SGML226012.XXX 226012pmangrum on DSK3VPTVN1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-