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are required to be made available pur

ministration Building, 14th and Independsuant to 5 U.S.C. 552(a) (2).

ence Avenue SW., Washington, D.C. 20250. § 370.5 Facilities for inspection and

VII. Information Division-Published macopies.

terial concerning research and regulatory

activities, including press releases, special Facilities for public inspection and articles, periodicals: copying of the material described in the

Director, Information Division, ARS, Room foregoing sections will be provided in a 5133, South Agriculture Building, 14th and reading area by ARS. Addresses are Independence Avenue SW., Washington, listed below. Copies of such material may D.C. 20250. also be obtained in person or by mail.

Subpart B-Disclosure of Identifiable Applicable fees are prescribed by the Director, Office of Plant and Operations,

Records USDA.

$ 370.10 Requests. 1. Farm Research-Material concerning Requests for ARS records, pursuant to farm research programs:

5 U.S.C. 552(a) (3), shall (a) be made in Deputy Administrator for Farm Research, writing to the appropriate Deputy Ad

ARS, Room 324-A, Administration Build- ministrator or Division Director responing, 14th and Independence Avenue SW.,

sible for the program (30 F.R. 5799, April Washington, D.C. 20250.

24, 1965, as amended) and (b) identify II. Nutrition, Consumer and Industrial each record sought with reasonable specUse Research-Material concerning research ificity. Requests may be submitted in and development programs to provide new,

person or by mail. wider, and more effective uses for agricultural products and byproducts:

The above does not preclude persons

from requesting such material in person, Deputy Administrator, Nutrition Consumer

or in writing, directly from a field office, and Industrial Use Research, ARS, Room 310-A, Administration Building, 14th and

if it has been customary to obtain the

information in this matter and the reIndependence Avenue SW., Washington, D.C. 20250.

quest is made during the local working

hours of the office involved. III. Marketing Research-Material involving the research programs concerning the $ 370.11 Delegation of authority. improvement and protection of quality and eficient handling of agricultural products

Subject to section 370.15, the Deputy as they pass through the marketing system:

Administrators or the Directors of the

Information or Foreign Research and Deputy Administrator, Marketing Research,

Technical Programs Division are authorARS, Room 359-A, Administration Building, 14th and Independence Avenue SW.,

ized to act, on behalf of ARS, on all such Washington, D.C. 20250.

requests in accordance with 5 U.S.C. 552, IV. Regulatory and Control-Material con

as implemented by this subpart. cerning regulatory and control programs $ 370.12 Available records. covering animal and plant pests and diseases:

ARS will promptly make available all Deputy Administrator, Regulatory and con- ARS records requested in accordance

trol, ARS, Room 302-E, Administration with section 370.10 except exempt recBuilding, 14th and Independence Avenue ords as described in section 370.13. SW., Washington, D.C. 20250.

§ 370.13 Exempt records. V. Administrative Management-Material concerning administrative management

Exempt records of ARS include the activities:

following: Deputy Administrator, Administrative Man

(a) Matters specifically required by agement, ARS, Room 304-A, Administra

executive order to be kept secret. tion Building, 14th and Independence AV

(b) Matters related solely to the interenue SW., Washington, D.C. 20250. nal personnel rules and practices of the VI. Foreign Research and Technical Activ

agency. ities Materials concerning foreign research

(c) Matters specifically exempted contract and grant activities for the Depart- from disclosure by statute. This would ment carried out by foreign governments and

include but would not be limited to: scientific organizations under Public Law (1) Section 3c(4) of the Federal In480 and related legislation:

secticide, Fungicide, and Rodenticide Director, Foreign Research and Technical Act, prohibiting the disclosure of inforPrograms Division, ARS, Room 344-A, Ad- mation relative to formulas of products

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extent available by law: to a party other
than an agency.
8 370.14 Determinations.

The appropriate Deputy Administrator or Division Director shall promptly make available any ARS records requested in accordance with section 370.10, unless he determines that it is an exempt record. He shall give prompt written notice of any such determination together with the reasons therefor. $ 370.15 Appeals.

The denial of any request for an ARS record or records may be appealed by the person who made the request to the Administrator of ARS. The appeal shall be made in writing within 30 days. The Administrator will give written notice of ARS' final determination. 8 370.16 Inspection and copies.

A person who has requested available records shall be promptly notified that upon payment of applicable fees, he may inspect and copy such records (or copies) and purchase copies or extracts thereof, in the office, listed under section 370.5, on business days from 9:30 a.m. to 5 p.m. Copies of such records may also be purchased by mail. The applicable fees are prescribed by the Director, Office of Plant and Operations, USDA.

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acquired by authority of section 4 of the Act.

(d) Matters that are trade secrets and commercial or financial Information obtained from a person and privileged or confidential. This would include but would not be limited to:

(1) Scientific and technical data on products or processing methods submitted by contractor, grantee, cooperator and manufacturer or processor.

(2) Data in research studies including information on commercial facilities and procedures where disclosure would adversely affect the respondent.

(3) Records concerning research project descriptions, progress reports or information concerning incomplete research prior to formal publication when such release would adversely affect the public interest.

(4) Data on products, sales, manufacturing or processing methods (includes data on plants, animals or animal byproducts, being moved by permit or license, etc.) from manufacturers or processors, licensee, registrant, permittee and laboratory or field tests.

(5) Data relating to disease outbreak identifying suspect or related animal, owner, source of outbreak, etc.

(e) Interagency or intraagency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency. This would include but would not be limited to:

(1) Records involving any pending or expected claim actions against the Government resulting from property damage or personal injury.

(2) Records involving pesticide accidents resulting from plant pest control programs.

(3) Documents covering agency plans which may be subject to revision before presentation,

(4) Reports of internal deliberations where premature release could harm the authorized and appropriate purpose for which they are being used.

(5) Preparatory budget material.

(f) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. This would include but would not be limited to:

(1) Records regarding revocation of accreditation of veterinarians to conduct tests on animals and poultry diseases.

(g) Investigatory files compiled for law enforcement purposes except to the

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ARBORETUM PROPERTY Sec. 371.1 General. 371.2 Recording presence. 371.3 Preservation of property. 371.4 Conformity with signs and emer

gency directions. 371.5 Nuisances. 371.6 Gambling. 371.7 Intoxicating beverages and narcotics. 371.8 Soliciting, vending, debt collection,

and distribution of handbills. 371.9 Photographs for news, advertising,

or commercial purposes. 371.10 Pets. 371.11 Vehicular and pedestrian traffic. 371.12 Weapons and explosives. 371.13 Nondiscrimination. 371.14 Exceptions. 371.15 Penalties and other law.

AUTHORITY: The provisions of this part 371 issued under secs. 2, 4, 62 Stat. 281; sec. 103, 63 Stat. 380; sec. 205(d), 63 Stat. 389; 40 U.S.C. 318a, 3180, 486(d), 753, 34 F.R. 6406; 34 F.R. 7389.

SOURCE: The provisions of this Part 371 appear at 34 F.R. 12939, Aug. 9, 1969, unless otherwise noted.

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§ 371.1 General.

The rules and regulations in this part apply to the buildings and grounds of the National Arboretum, Washington, D.C., and to all persons entering in or on such property. The Administrator, General Services Administration, has delegated to the Secretary of Agriculture, with authority to redelegate, the authority to make all the needful rules and regulations for the protection of the buildings and grounds of the National Arboretum (34 F.R. 6406). The Secretary of Agriculture has in turn delegated such authority to the Administrator, Agricultural Research Service (34 F.R. 7389). The rules and regulations in this part are issued pursuant to such delegations. § 371.2 Recording presence.

Admission to the National Arboretum during periods when it is closed to the public will be limited to authorized individuals who may be required to sign the register and/or display identification documents when requested by the guard, watchman, or other authorized individuals. 8 371.3 Preservation of property.

It is unlawful to willfully destroy, damage, or remove property or any part thereof. $ 371.4 Conformity with signs and emer

gency directions, Persons in and on property of the National Arboretum shall comply with official signs of a prohibitory or directory nature, and, with the directions of authorized individuals. & 371.5 Nuisances.

The use of loud, abusive, or otherwise improper language, unwarranted loitering, sleeping, or assembly, the creation of any hazard to persons or things, improper disposal of rubbish, spitting, prurient prying, the commission of any obscene or indecent act, or any other unseemly or disorderly conduct, throwing articles of any kind from a building, and climbing upon any part of a building, is prohibited. § 371.6 Gambling.

Participating in games for money or other personal property, or the operation of gambling devices, the conduct of a lottery or pool, or the selling or purchasing

of numbers tickets, in or on National Arboretum property, is prohibited. § 371.7 Intoxicating beverages and nar

cotics. Entering National Arboretum property or the operating of a motor vehicle thereon, by a person under the influence of intoxicating beverages or narcotic drug, or the consumption of such beverages or the use of such drug in or on National Arboretum property, is prohibited. § 371.8 Soliciting, vending, debt collec

tion, and distribution of handbills. The soliciting of alms and contributions, commercial soliciting and vending of all kinds, the display or distribution of commercial advertising, or the collecting of private debts, in or on National Arboretum property, is prohibited. This section does not apply to national or local drives for funds for welfare, health, and other purposes sponsored or approved by the Agricultural Research Service, concessions, or personal notices posted by employees on authorized bulletin boards. Distribution of material such as pamphlets, handbills, and flyers is prohibited without prior approval of the Director, National Arboretum. § 371.9 Photographs for news, advertis

ing, or commercial purposes. Photographs for news purposes may be taken at the National Arboretum without prior permission. Photographs for advertising and commercial purposes may be taken at the National Arboretum only with the prior written approval of the Director, National Arboretum. § 371.10 Pets.

Pets brought upon National Arboretum property must be kept on leash. § 371.11 Vehicular and pedestrian traf

fic. (a) Drivers of all vehicles in or on National Arboretum property shall drive in a careful and safe manner at all times and shall comply with the signals and directions of guards and all posted traffic signs;

(b) The blocking of entrances, driveways, walks, loading platforms, or fire hydrants in or on National Arboretum property is prohibited;

(c) Except in emergencies, parking in or on National Arboretum property in other than designated areas is not allowed without a permit. Parking without authority, parking in unauthorized locations or in locations reserved for other persons, or contrary to the direction of posted signs is prohibited. This section may be supplemented from time to time, by the issuance and posting of specific traffic directives as may be required, and when so issued and posted such directives shall have the same force and effect as if made a part hereof. § 371.12 Weapons and explosives.

No person while in or on National Arboretum property shall carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, except for official purposes. § 371.13 Nondiscrimination.

There shall be no discrimination by segregation or otherwise against any person or persons because of race, religion, color, or national origin, in furnishing, or by refusing to furnish to such person or persons the use of any facility of

a public nature, including all services, privileges, accommodations, and activities provided thereby on National Arboretum property. $ 371.14 Exceptions.

The Administrator, Agricultural Research Service, may in individual cases make prior, written exceptions to the rules and regulations in this part if he determines it to be not adverse to the public interest. § 371.15 Penalties and other law.

Whoever shall be found guilty of violating the rules and regulations in this part is subject to fine of not more than $50 or imprisonment of not more than 30 days, or both (see 40 U.S.C. 318c). Nothing contained in the rules and regulations in this part shall be construed as abrogating or authorizing the abrogation of any other regulations or any Federal law or any laws and regulations of the District of Columbia which may be applicable.


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SubpartRegulations for the 1969 and

Succeeding Crop Years Sec. 401.101 Availability of Federal Crop Insur

ance. 401.102 Premium rates, production guaran

tees or amounts of insurance, and prices at which indemnities shall

be computed and insurable crops. 401.103 Application for insurance. 401.104 Public notice of indemnities paid. 401.105 Creditors. 401.106 The contract. 401.111 The policy. 401.125 The barley endorsement. 401.126 The wheat endorsement. 401.127 The dry bean endorsement. 401.128 The flax endorsement. 401.129 The grain sorghum endorsement. 401.130 The oat endorsement. 401.131 The dry pea endorsement. 401.132 The rice endorsement. 401.133 The rye endorsement. 401.134 The soybean endorsement.

Sec. 401.135 The sugarcane endorsement. 401.136 The cotton endorsemont. 401.137 The canning and processing tomato

endorsement. 401.198 The peanut endorsement. 401.139 The potato endorsement. 401.140 The sugar beet endorsement. 401.141 The tobacco endorsement with pro

vision for indemnity based upon dollar amount of insurance per acre less value of production to

be counted. 401.142 The corn endorsement (grain and

silage) provides insurance on corn planted for harvest as grain or for silage and is applicable only in those counties where a production guarantee in bushels of corn per acre is shown on the county

actuarial table. 401.143 The corn-silage endorsement. (Pro

vides insurance on corn normally regarded as silage or field corn and is applicable only in those counties where a production guarantee in tons of sugar per acre is shown on the county actuarial table.)

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