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(b) Other photographic reproductions. Other types of reproductions may be obtained from the following agencies of the Department: Agricultural Stabilization and Conservation
Service (ASCS) (Address above).
Washington, DC 20090-6090, or nearest
Washington, DC 20250.
of the Deputy Director, Technical Information Systems, Room 200, NAL Building, Beltsville, MD 20705.
(a) National Agricultural Library. The following prices are applicable to National Agricultural Library items only: Reproduction of electrostatic, microfilm, and microfiche copy-$5.00 for the first 10 pages or fraction thereof, and $3.00 for each additional 10 pages or fraction thereof. Duplication of NALowned microfilm-$10.00 per reel. Duplication of NAL-owned microfiche_$5.00 for the first fiche, and $0.50 for each additional fiche. Charges for manual and automated data base searches for bibliographic or other research information will be made in accordance with section 4, paragraphs (C)-(e) of this fee schedule. The contract rate charged by the commercial source to the National Agricultural Library for computer services is available at the National Agricultural Library, Room 111, Information Access Division, USDA, Beltsville, Maryland 20705 (301-344 3834).
(b) General photographic reproductions. Minimum charge $1 per order. An extra charge may be necessary for excessive laboratory time caused by any special instructions from the purchaser.
Section 13. Circumstances under which photo
graphic reproductions may be provided free.
Reproductions may be furnished free at the discretion of the agency, if it determines this action to be in the public interest, to:
(a) Press, radio, television, and newsreel representatives for dissemination to the general public.
(b) Agencies of State and local governments carrying on a function related to that of the Department when it will help to accomplish an objective of the Department.
(c) Cooperators and others furthering agricultural programs. Generally, only one print of each photograph should be provided free.
Section 14. Loans. Aerial photographic film negatives or reproductions may not be loaned outside the Federal Government. Section 15. Sales of positive prints under
government contracts. The annual contract for furnishing single and double frame slide film negatives and positive prints to agencies of the Department, County Extension Agents, and others cooperating with the Department, carries a stipulation that the successful bidder must agree to furnish slide film positive prints to such persons, organizations, and associations as may be authorized by the Department to purchase them.
Section 16. Procedure for handling orders. In order to expedite handling, all orders should contain adequate identifying information. Agencies furnishing aerial photographic reproductions require that all such orders identify the photographs. Each agency has its own procedure and order forms.
Section 17. Reproduction prices. The prices for reproductions listed here are for the most generally requested items.
Class of work and unit
Price 1. Black and white line negatives: 4 by 5 (each
$6.00 8 by 10 (each)
8.50 11 by 14 (each)
11.00 2. Black and white continuous tone negatives: 4 by 5 (each)
8.50 8 by 10 (each)
11.00 3. Black and white enlargements: 8 by 10 and smaller (each)
6.50 11 by 14 (each)
11.00 Larger sizes and quantities
(") 4. Black and white slides:
2 x 2 cardboard mounted (from copy negative)
4.00 Blue ozalid slides (each)
5.00 5. Color slides: (2 x 2 cardboard mounted): Duplicate color slides:
Display quality (each) (Display color slides
are slides copied from 35mm color slides
.65 Repro quality (each)
(") Original color slides (from flat copy) (each). 6.50 6. Color enlargements and transparencies: 4 by 5 and larger
(") 7. Slide sets: 1 to 50 frames
14.50 51 to 60 frames
16.50 61 to 75 frames
18.50 76 to 95 frames
21.50 96 to 105 frames
23.00 106 to 130 frames (Prices include printed narrative guide)
26.50 8. Cassettes: (for the corresponding slide sets above)
3.00 * By quotation.
(c) General aerial photographic reproductions. There is no minimum charge on general aerial photography orders. The prices for various types of aerial photographic reproductions are set forth below. Size measurements refer to the approximate size in inches of the paper required to produce the print.
$6.00 15.00 8.00
1. Black and white contact prints:
20x24 RC (resin coated base paper)
Film positive transparen
3. Black and white enlargements (projection prints):
Color film positive transparen
4. Reproductions from color positive
(e) Special need. For special needs not covered above, persons desiring aerial photographic reproductions should contact the agency listed in section 12(a) or the Departmental aerial photography coordinator, Aerial Photography Field Office, USDA-ASCS, 2222 West, 2300 South, P.O. Box 30010, Salt Lake City, Utah 84130.
(f) Audio and videotape reproductions. For reproductions of audio-videotapes, requesters must supply their own recording tape, and will be assessed a fee of $25.00 an hour for copying work requested. There is a one-hour minimum charge. Payment is required at the time video or audiotapes are accepted by the requester.
Proceedings 8 1.26 Representation before the De
partment of Agriculture. (a) Applicability. This section applies to all hearings and other proceedings before the Department of Agriculture, except to the extent that any other regulation of the Department may specifically make this section, or any part of this section, inapplicable as to particular hearings or other proceedings.
(b) Administrative provisions. (1) In any hearing or other proceeding before the Department of Agriculture, the parties may appear in person or by counsel or other representative. Persons who appear as counsel or in a representative capacity in any hearing or proceeding must conform to the standards of ethical conduct required of practitioners before the U.S. District Court for the District of Columbia, and to any applicable standards of ethical conduct established by statutes, executive orders and regulations.
(2) Whenever the Secretary finds, after notice and opportunity for hearing, that a person who is acting or has acted as counsel or representative in any hearing or other proceeding before the Department has not conformed to any such standards of ethical conduct, the Secretary may order that such person be precluded from acting as counsel or representative in any hearing or other proceeding before the Department for such period of time as the Secretary deems warranted. Whenever the Secretary has probable cause to believe that any person who is acting or has acted as counsel or representative in any such hearing or other proceeding has not conformed to any such standards of ethical conduct, the Secretary may, by written notice to such person, suspend the person from acting as such a counsel or representative pending completion of the procedures specified in the preceding sentence.
(3) No employee or former employee of the Department shall be permitted to represent any person before the Department in connection with any particular matter as to which by reason of employment with the Department the employee or former employee acquired personal knowledge of such a nature
that it would be improper, unethical, or contrary to the public interest for the employee or former employee so to act.
(4) This section shall not be construed to prevent an employee or former employee of the Department from appearing as a witness in any hearing or other proceeding before the Department.
(c) Statutory provisions. Chapter 11 of title 18, United States Code prohibits employees and former employees from representing others under certain circumstances. See $0.735-41 of this subtitle for illustrations. (18 U.S.C. 203, 205, 207) (32 FR 5458, Apr. 1, 1967, as amended at 60 FR 66480, Dec. 22, 1995)
EFFECTIVE DATE NOTE: At 60 FR 66480, Dec. 22, 1995, $1.26 was amended as follows: 1) in paragraph (a), by removing the words “The provisions of this section apply" and by adding the words “This section applies" in their place; and by removing the words “such provisions, or any part thereof” and by adding the words “this section, or any part of this section” in their place; 2) in paragraph (b)(2), by removing the word "he" and adding the words “the Secretary” in its place each time it appears; and by removing the word “him” and adding the words “the person” in its place; 3) in paragraph (b)(3), by removing the words "his employment he" and adding the words "employment with the Department the employee or former employee" in their place; and by removing the word “him” and adding the words "the employee or former employee" in its place; and 4) by removing paragraph (c), effective January 22, 1996. 8 1.27 Rulemaking and other notice
procedures. (a) This section shall apply to: (1) Notices of proposed rulemaking; (2) Interim final rules;
(3) Advance notices of proposed rulemaking; and
(4) Any other published notice that solicits, or affords interested members of the public an opportunity to submit, written views with respect to any proposed action relating to any program administered in the Department regardless of the fact that the issuance of a rule may not be contemplated.
(b) Each notice identified in paragraph (a) of this section shall indicate the procedure to be followed with respect to the notice, unless the procedure is prescribed by statute or by pub
EFFECTIVE DATE NOTE: At 60 FR 66480, Dec. 22, 1995, $1.27 was revised, effective January 22, 1996. For the convenience of the reader, the superseded text is set forth below.
lished rule of the Department. Each notice shall contain a statement that advises the public of the policy regarding the availability of written submissions by indicating whether paragraph (c), (d), or (e) of this section is applicable to written submissions made pursuant to the notice.
(c) All written submissions made pursuant to the notice shall be made available for public inspection at times and places and in a manner convenient to the public business.
(d)(1) Any written submission, pursuant to a notice, may be held confidential if the person making the submission requests that the submission be held confidential, the person making the submission has shown that the written submission may be withheld under the Freedom of Information Act, and the Department official authorized to issue the notice determines that the submission may be withheld under the Freedom of Information Act.
(2) If a request is made in accordance with paragraph (d)(1) of this section for confidential treatment of a written submission, the person making the request shall be informed promptly in the event the request is denied and afforded an opportunity to withdraw the submission.
(3) If a determination is made to grant a request for confidential treatment under paragraph (d)(1) of this section, a statement of the specific basis for the determination that will not be susceptible of identifying the person making the request will be made available for public inspection.
(e) If the subject of the notice is such that meaningful submissions cannot be expected unless they disclose information that may be withheld under the Freedom of Information Act, the notice shall so indicate and contain a statement that written submissions pursuant to the notice will be treated as confidential and withheld under the Freedom of Information Act. Provided, That th policy regarding availability of written submissions set forth in this paragraph may only be used with the prior approval of the Secretary, or the Under Secretary or Assistant Secretary that administers the program that is the subject of the notice. [60 FR 66480, Dec. 22, 1995)
81.27 Rulemaking procedures.
In all cases where notice of proposed rule making is given:
(a) The notice shall indicate the procedure to be followed in the rule making proceeding unless the procedure is prescribed by statute or by published rule of the Department. Each notice of proposed rule making shall contain a statement which will advise the public of the policy regarding availability of written submissions by indicating specifically whether paragraph (b), (c), or (d) of this section will be applicable to submissions made pursuant to the notice.
(b) All written submissions made pursuant to notice of proposed rule making shall be made available for public inspection at such times and places and in a manner convenient to the public business.
(c) Any submission, pursuant to such notice, will be held confidential when so requested by the person making the submission upon a determination, by an official of the Department authorized to issue the rule under consideration, that he has shown that the making public of the submission may result in an adverse effect on him by reason of:
(1) Disclosing trade secrets, processes, op erations, style of work or apparatus, or the identity,
confidential statistical data, amount or source of any income, profits, losses, or expenditures; or
(2) Exposing such person to substantial disadvantage in his business or employment. Where request is made hereunder for confidential treatment of a submission, the person making the request shall be informed promptly in the event the request is denied and afforded an opportunity to withdraw the submission. Any such request will be held confidential; however, where a determination is made to grant a request for confidential treatment under paragraph (c)(2) of this section, a statement of the specific basis for such determination which will not be suscep tible of identifying the person making the request will be made available for public inspection.
(d) Where the nature of the subject matter of the proposed rule is such that meaningful submissions cannot be expected unless they treat with matters of the kind referred to in paragraph (c) of this section, then in that event the notice of proposed rule making shall so indicate and also contain a statement that submissions pursuant thereto will be treated as confidential: Provided, That such action shall have the prior approval of the Secretary, the Under Secretary, or an Assistant Secretary.
(e) This section shall apply in any instance may not be delegated or redelegated by where the Department or an agency thereof the head of an agency. by published notice solicits, or affords inter
(2) The Administrator, Grain Inspecested members of the public an opportunity to submit, written views with respect to any
tion, Packers and Stockyards Adminisproposed action relating to any program ad
tration, may delegate the authority to ministered in the Department regardless of
issue subpoenas in connection with inthe fact that the issuance of a rule may not vestigations being conducted under the be contemplated.
Packers and Stockyards Act (7 U.S.C. [29 FR 7311, June 5, 1964, as amended at 29 FR
181-229), to the Deputy Administrator, 9319, July 8, 1964)
Packers and Stockyards Programs.
(b) Service of subpoena. (1) A subpoena 8 1.28 Petitions.
issued pursuant to this section may be Petitions by interested persons in ac
served by: cordance with 5 U.S.C. 553(e) for the is
(i) A U.S. Marshal or Deputy Marsuance, amendment or repeal of a rule
shal, may be filed with the official that is
(ii) Any other person who is not less sued or is authorized to issue the rule.
than 18 years of age, or All such petitions will be given prompt
(iii) Certified or registered mailing of consideration and petitioners will be
a copy of the subpoena addressed to the notified promptly of the disposition
person to be served at his, her, or its made of their petitions.
last known residence or principal place
of business or residence. (11 FR 177A-233, Sept. 11, 1946. Redesignated
(2) Proof of service may be made by at 13 FR 6703, Nov. 16, 1948, as amended at 60
the return of service on the subpoena FR 66481, Dec. 22, 1995)
by the U.S. Marshal, or Deputy MarEFFECTIVE DATE NOTE: At 60 FR 66481, Dec. shal; or, if served by an individual 22, 1995, $1.28 was amended by removing the other than a U.S. Marshal or Deputy phrase "the provisions of section 4(d) of the
Marshal, by an affidavit or certifiAdministrative Procedure Act (60 Stat. 239; 5
cation of such person stating that he or U.S.C. 1003(d))” and adding the reference “5 U.S.C. 553(e)" in its place, effective January
she personally served a copy of the sub22, 1996.
poena upon the person named in the
subpoena; or, if service was by certified 8 1.29 Subpoenas relating to investiga- or registered mail, by the signed Postal
tions under statutes administered Service receipt.
by the Secretary of Agriculture. (3) In making personal service, the (a) Issuance of subpoena. (1) When the person making service shall leave a Secretary is authorized by statute to
copy of the subpoena with the person issue a subpoena in connection with an
subpoenaed; and the original, bearing investigation being conducted by the
or accompanied by the required proof Department, the attendance of a wit
of service, shall be returned to the offiness and the production of evidence re
cial who issued the subpoena. (5 U.S.C. lating to the investigation may be re
301). quired by subpoena at any designated
[39 FR 15277, May 2, 1974, as amended at 40 place, including the witness' place of FR 58281, Dec. 16, 1975; 42 FR 65131, Dec. 30, business. Upon request of any rep- 1977; 43 FR 12673, Mar. 27, 1978; 60 FR 66481, resentative of the Secretary involved Dec. 22, 1995) in connection with the investigation,
EFFECTIVE DATE NOTE: At 60 FR 66481, Dec. the subpoena may be issued by the Sec
22, 1995, $1.29 was amended by revising pararetary, the Inspector General, or any graph (a), by adding the word “, her," immeDepartment official authorized pursu- diately after the word "his" in paragraph ant to part 2 of this title to administer (b)(1)(iii), by adding the words "or she" imthe program to which the subpoena re- mediately after the word "he" and by removlates, if the official who is to issue the
ing the word “therein" and adding the words subpoena is satisfied as to the reason
"in the subpoena" in its place in paragraph
(b)(2), and by removing the reference “(5 ableness of the grounds, necessity, and
U.S.C. 301).” in paragraph (b)(3), effective scope of the subpoena. Except as pro
January 22, 1996. For the convenience of the vided in paragraph (a)(2) of this sec- reader, the superseded text is set forth tion, the authority to issue subpoenas below.