(d) Ensure that all on-base activities, and any off-base activities made available to any Department of Defense personnel and their dependents are open, as appropriate, to any DoD personnel or their dependents regardless of race, color, religion, sex, age, or national origin.

(1) Any organization or activity which does not meet this requirement shall be denied the use of military facilities and resources in accordance with 32 FR 237. This policy applies equally to those organizations which may arbitrarily discriminate by the nature of their organizational constitutions, bylaws, rules, and regulations as well as to those which in the judgement of the cognizant commanders are engaged in de facto discrimination irrespective of the content of their organizational constitutions, bylaws, rules and regulations.

(2) Organizations which use on-base facilities must satisfy the commander concerned that they do not discriminate against DoD personnel through their actual membership practices or in any of their activities.

(e) Oppose discrimination in off-base housing, directed against all Department of Defense personnel or their dependents. Each commander shall take the initiative to overcome such discrimination and to impose appropriate sanctions in housing cases as required by DoD Instruction 1100.16.

(f) Impose the off-limits sanction in accordance with the Armed Forces Disciplinary Control Board procedures in cases of discrimination involving places of public accommodation outside military installations.

(g) Use the chain of command to promote, support and enforce the DoD Equal Opportunity Program. The chain of command is the primary channel to correct discriminatory practices and for communication of race relations and equal opportunity matters.

§ 191.5 Responsibilities.

(a) The Assistant Secretary of Defense (Manpower and Reserve Affairs) (ASD(M&RA)) shall:

(1) Represent the Secretary of Defense in equal opportunity as it impacts on all DoD activities, policies,

and programs in accordance with DoD Directive 5120.27.1

(2) Give direction to DoD-wide programs to ensure equal opportunity for uniformed members and civilian employees, including issuance and implementation of written instructions as necessary.

(3) Use the established Office of the Deputy Assistant Secretary of Defense (Equal Opportunity) to discharge the equal opportunity responsibilities.

(4) Ensure that DoD Components fulfull the requirements of this Part.

(5) Provide policy direction in accordance with DoD Directive 1322.11 to the Defense Race Relations Institute, and serve as Chairman of the Race Relations Education Board.

(6) Establish and monitor, as appropriate, specific goals to be included in the Affirmative Action Plan(s) of each DoD Component.

(7) Provide policy direction and guidance to the Defense Contract Compliance Program in accordance with the provisions of DoD Directive 1100.11.1

(8) Review and take action on, as appropriate, investigations by the Military Departments and Defense Components of Equal Opportunity or discrimination complaints received by the DOD.

(b) The head of each DoD Component shall be responsible for equal opportunity within his or her respective jurisdiction and shall:

(1) Assure that all equal opportunity policies and programs are understood and executed at all levels of organization.

(2) Establish means to identify Military Equal Opportunity and Civilian Equal Employment Opportunity problems.

(3) Formulate, maintain, and carry out Affirmative Action Plans which establish quantified good faith goals, timetables, and accountability in personnel management.

(4) Submit their Affirmative Action Plan(s) covering the Military Equal Opportunity Programs and Civilian Equal Employment Opportunity Programs to the Assistant Secretary of

'See footnote 1 to § 191.2.

Defense (Manpower and Reserve Affairs) for review and approval.

(5) Develop management information, personnel accounting and reporting systems, and devise measurements to determine progress for each quantified Affirmative Action Plan goal.

(6) Forward to the ASD(M&RA) an annual report outlining the progress being made in achieving the established Equal Opportunity goals of Affirmative Action Plan(s).

(7) Consider demonstrated compliance with equal opportunity objectives, including efforts in achieving the goals of the Affirmative Action Plans, as an important criterion in evaluation for promotion of military and civilian personnel at the supervisory and management levels.

(8) Take appropriate disciplinary action against any official, who has committed an act of arbitrary discrimination based on race, color, religion, sex, age or national origin. See DoD Directive 1100.11 for regulations concerning noncompliance by business firms.

(9) Provide information and data to ASD(M&RA) as required for program development purposes.

(10) Amend regulations or practices to eliminate arbitrary discrimination based upon race, religion, color, sex, age, or national origin that impede equal opportunity for all military personnel and civilian employees. This requirement does not apply to those service regulations which implement statutes requiring differing treatment of military personnel based on age or

sex.

(11) Implement a continuing educational program for General Flag Officers, commanders and key staff personnel, as appropriate, and designated civilian managers which will assist them in managing Military Equal Opportunity and/or Civilian Equal Employment Opportunity Program within their respective Military Departments.

(12) Ensure that all military personnel receive race/human relations education in compliance with DoD Directive 1322.11.1 Civilian personnel shall

1See footnote 1 to § 191.2.

receive race/human relations education based on specific needs as determined by the Heads of DoD Components.

(13) Establish sufficient full-time staff positions and devote sufficient resources to adequately carry out all equal opportunity programs.

(14) Ensure that Military Equal Opportunity and discrimination investigations are coordinated with appropriate Equal Opportunity/Race Relations or comparable officers.

(15) Ensure that Civilian Equal Employment Opportunity investigations are to be conducted in concert with the procedures prescribed by the Civil Service Commission in accordance with the provisions of the Civil Service Commission Federal Personnel Manual, Chapter 713.

§ 192.2 Applicability.

The provisions of this part apply to the Office of the Secretary of Defense, the Military Departments, and the Defense Logistics Agency (DLA) (hereafter referred to as "DoD Components"). The term "Military Services" as used herein refers to the Army, Navy, Air Force and the Marine Corps.

§ 192.3 Explanation of terms.

As used herein, the following definitions apply:

(a) Engineering for Transportability is the performance of those functions required in identifying and measuring the limiting criteria and characteristics of transportation systems; and the integration of these data into the design of materiel to utilize operational and planned transportation capability effectively. Limiting criteria and characteristics will include those created by standard unitizing method (pallets, containers). Transportability engineering criteria will thus consider modularity to improve cube utilization and dimensional standardization for military cargo as well as maximum dimensions and total weight.

(b) Transportability means the inherent capability of materiel to be moved by towing, by self-propulsion, or by carrier via railways, highways, waterways, pipelines, oceans and airways.

§ 192.4 Policy.

(a) Transportability shall be a major consideration in:

(1) Formulating the priority of characteristics to be considered in the design of any new or modified item of materiel, or adoption of a commerical nondevelopmental item.

(2) Modifying existing transportation systems, and

(3) Developing integrated logistics support for systems and equipment in accordance with DoD Directive 4100.351

1 Filed as part of original. Single copies may be obtained, if needed, from U.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, PA 19120, attention Code 301.

(b) When planning and designing new or modified materiel, transportability criteria for all possible modes of transportation to be employed shall be considered in order to assure that items are so designed and constructed that they can be efficiently moved by available means of transportation.

(c) Equipment to be developed or procured will be designed so that its outside dimensions and gross weight (axle loads for vehicles) will permit handling, movement, and transfer among the various transportation systems that are expected to be available during its operating life.

(d) Only in exceptional cases may equipment be designed which will require special or unique arrangement of schedules, right-of-ways, clearances, or other operating conditions. In addition, equipment may be designed to the capabilities of a specific mode of transportation only when it has been determined that more restrictive modes will not be used or that such design is necessary to meet required capabilities.

(e) During the design, development, or modification of equipment which is large, bulky, heavy, or sensitive to shock and vibration, full consideration will be given to transportation, handling, tiedown, and slinging points, to disassembly capability for transportation purposes, ease of onsite reassembly for use, and safety during transportation. Self-propulsion will also be considered in the design where applicable and necessary.

(f) Transportability design will specifically consider the impact of international standardization of intermodal containerization in standardizing and facilitating worldwide distribution.

(1) Intermodal containerization. International container systems are designed to International Standards Organization (ISO) dimensional, strength and lift specifications as prescribed by DoD Instruction 4500.37.1 Accordingly, cargo and equipment packaging considerations must take mode of transportation into account. Design considerations should include standardizing small containers, inserts or other unit loads, which are modular to the interior dimensions of the containers to optimize cube utilization.

to

(2) Shelters and special purpose vans. Specific emphasis will be placed on the design or modification of shelters and special purpose vans ensure that they conform to International Standards Organization (ISO) dimensional, and strength specifications as directed in DoD Instruction 4500.37,1 as well as emphasis on the packaging and design/redesign of equipment for use within such shelters/special purpose vans.

§ 192.5 Responsibilities.

(a) The Secretaries of the Army, Navy, and Air Force shall designate, within existing manpower ceilings, an operating agency at an appropriate level within their respective Departments which will be responsible for:

(1) Issuing, under the sponsorship of the Secretary of the Army, Joint Army, Navy, Air Force and Marine Corps, regulations implementing this Part for uniform use by all DoD Components.

(2) Issuing, under the sponsorship of the appropriate Military Department (see DoD Directives 5160.2, 5160.10, and 5160.53),1 joint transportability criteria covering (i) modes of transportation and terminals, and (ii) pertinent characteristics of transportation equipment.

(3) Ensuring that the transportability of new materiel is determined by analysis or testing during the Research, Development, Test and Evaluation (RDT&E) programs or prior to procurement for commercial nondevelopment materiel and documenting test results for transportability guidance.

(4) Issuing, under the sponsorship of the appropriate Military Department, joint transportability guidance for materiel for which each Military Department has prime responsibility.

(5) Ensuring that joint Military Service coordination is effected prior to modification of a transportation system which may affect the transportability requirements of another Military Service.

Filed as part of original. Copies may be obtained, if needed, from the U.S. Naval Publications and Forms Center, 5801 Tabor Avenue, Philadelphia, Pa. 19120 Attention: Code 301.

in

(b) The Secretary of the Navy shall be responsible for: (1) Coordinating DoD transportability interests common-user ship construction and modification programs with appropriate Federal agencies, and (2) integrating the foreseen needs of the DoD Components into these programs.

(c) The Secretary of the Air Force shall be responsible for: (1) Coordinating DoD transportability interests in common-user aircraft construction and modification programs with appropriate Federal agencies, and (2) integrating the foreseen needs of the DoD Components into these programs.

in

(d) The Secretary of the Army shall be responsible for: (1) Coordinating DoD transportability interests common-user land transportation programs with Federal and State agencies in the United States and with appropriate agencies overseas, and (2) integrating the foreseen needs of the DoD Components into these programs. (See 32 CFR Part 193 concerning coordination of highways for National Defense matters with Federal and State agencies.)

Sec.

PART 193-HIGHWAYS FOR

NATIONAL DEFENSE

193.1 Purpose and scope.

193.2 Applicability.

193.3 Policy.

193.4 Authorities and responsibilities.

AUTHORITY: 5 U.S.C. 301.

SOURCE: 33 FR 13016, Sept. 14, 1968, unless otherwise noted.

§ 193.1 Purpose and scope.

This part sets forth policy, responsibilities, and authority in matters pertaining to Department of Defense highway needs and, when appropriate, to the highway needs of other Federal agencies, during peacetime and emergencies in the United States and its territories and possessions.

§ 193.2 Applicability.

The provisions of this part apply to all components of the Deparment of Defense.

§ 193.3 Policy.

In order to insure that the national defense is served by adequate, safe and efficient highway transportation, it shall be the policy of the DoD to (a) integrate the highway needs of the national defense into the civil highway programs of the various State and Federal agencies, and (b) cooperate with those agencies in matters pertaining to the use of public highways and in planning their development and construction.

§ 193.4 Authorities and responsibilities.

(a) The Secretary of the Army, as the Single Manager for Military Traffic, Land Transportation, and Common-User Ocean Terminals (see DoD Directive 5160.53, Single Manager Assignment for Military Traffic, Land Transportation, and CommonUser Ocean Terminals, March 24, 1967 (32 FR 5295)), is hereby designated as the Executive Agent for the Department of Defense (hereinafter referred to as the Executive Agent), in matters pertaining to public highways to serve the national defense in meeting both peacetime and mobilization highway transportation needs in the United States, its territories and possessions; and highway needs of other Federal agencies, when appropriate. The Executive Agent, or his designee, under the policy guidance of the Assistant Secretary of Defense (Installations and Logistics), will:

(1) Coordinate the defense transportation interest in public highways, including the implementation of subsection (h), section 210 of Title 23 U.S. Code, and integrate foreseen DoD highway needs and operational requirements into the highway programs of the United States, its territories and possessions.

(2) Review and analyze DoD access road needs, and, when appropriate, those of other Federal agencies from the standpoint of approved transportation engineering practices, statutory provisions, and policies and procedures of the Bureau of Public Roads, Department of Transportation.

(3) Represent the DoD in matters pertaining to highways to serve the national defense in liaison with the Bureau of Public Roads, the American

Association of State Highway Officials, and other appropriate Government and non-Government agencies.

(4) Certify on behalf of the Secretary of Defense to the appropriate Government agency, the public highway needs of the DoD and, when appropriate, the needs of other Federal agencies, as being important to the national defense. (See section 210, Title 23, U.S. Code.)

(5) Advise and assist the Assistant Secretary of Defense (Comptroller) in matters pertaining to the (i) preparation and justification of budget requirements for defense access road needs, and (ii) transfer of funds appropriated for this purpose to the Bureau of Public Roads.

(6) Develop and maintain an efficient relationship between the design of military vehicles and State and Federal standards for the design of public highways to ensure the effective and efficient utilization of such highways by military vehicles.

(7) Provide highway traffic engineering services to DoD components, when requested.

(8) Insure effective cooperation between the Department of Defense and state highway authorities in matters pertaining to special defense utilization of public highways.

(b) The other DoD Components will: (1) Maintain official liaison with the Executive Agent in matters pertaining to the provision of public highways to serve the national defense and the access road needs of new or expanded DoD installations and activities.

(2) Furnish the Executive Agent with information and data on current and potential access-road and highway-system needs on request.

(c) The Secretaries of the Military Departments, or their designees, are authorized to act for the Secretary of Defense under the provisions of subsection (h) of section 210, Title 23, U.S. Code, in determining, in connection with the funding of contracts for the construction of classified military installations and facilities for ballistic missiles, that construction estimates and the bids of contractors did not include allowances for repairing road damages.