6. Special need. For special needs not covered above, persons desiring aerial photographic reproductions should contact the agencies listed in section 10a or the Departmental aerial photography coordinator, Aerial Photography Field Office, USDAASCS, 2222 West 2300 South, P.O. Box 30010, Salt Lake City, Utah 84130.

d. Audio and videotape reproductions. For reproductions of audio or videotapes, requesters must supply their own recording tape, and will be assessed a fee of $20.00 an hour for copying work requested. There is a one-hour minimum charge. Payment is required at the time videotapes or audiotapes are accepted by the requester.

Subpart B-Departmental
Proceedings

§ 1.26 Representation before the Department of Agriculture.

(a) Applicability. The provisions of this section apply 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 such provisions, or any part thereof, 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, he 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 he 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, he may, by written notice to such person, suspend him 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 his employment he acquired personal knowledge of such a nature that it would be improper, unethical, or contrary to the public interest for him 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]

§ 1.27 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, operations, 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 susceptible 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 pur

suant 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 where the Department or an agency thereof by published notice 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. [29 FR 7311, June 5, 1964, as amended at 29 FR 9319, July 8, 1964]

§ 1.28 Petitions.

Petitions by interested persons in accordance with the provisions of section 4(d) of the Administrative Procedure Act (60 Stat. 239; 5 U.S.C. 1003(d)) for the issuance, amendment or repeal of a rule may be filed with the official that issued or is authorized to issue the rule. All such petitions will be given prompt consideration and petitioners will be notified promptly of the disposition made of their petitions. [11 FR 177A-233, Sept. 11, 1946. Redesignated at 13 FR 6703, Nov. 16, 1948]

§ 1.29 Subpoenas relating to investigations under statutes administered by the Secretary of Agriculture.

(a) Issuance of subpoena. When the Secretary is authorized by statute to issue a subpoena in connection with an investigation being conducted by the Department, the attendance of a witness and the production of evidence relating to the investigation may be required by subpoena at any designated place, including the witness' place of business. Upon request of any representative of the Secretary involved in connection with the investigation, such subpoena may be issued by the Secretary, the Inspector General, or any Department official authorized pursuant to Part 2 of this title to administer the program to which the statute relates, if the official who is to issue the subpoena is satisfied as to the reasonableness of the grounds, necessity and scope thereof: Provided, however, That the authority to issue

subpoenas may not be delegated or redelegated by the head of an agency. Notwithstanding the foregoing proviso, the Administrator, Agricultural Marketing Service may delegate the authority to issue subpoenas in connection with investigations being conducted under the Packers and Stockyards Act, as amended and supplemented (7 U.S.C. 181-229), to the Deputy Administrator, Packers and Stockyards, Agricultural Marketing Service.

(b) Service of subpoena. (1) A subpoena issued pursuant to this section may be served by:

(i) A U.S. Marshal or Deputy Marshal,

(ii) Any other person who is not less than 18 years of age, or

(iii) Certified or registered mailing of a copy of the subpoena addressed to the person to be served at his or its last known residence or principal place of business or residence.

(2) Proof of service may be made by the return of service on the subpoena by the U.S. Marshal, or Deputy Marshal; or, if served by an individual other than a U.S. Marshal or Deputy Marshal, by an affidavit or certification of such person stating that he personally served a copy of the subpoena upon the person named therein; or, if service was by certified or registered mail, by the signed Postal Service receipt.

(3) In making personal service, the person making service shall leave a copy of the subpoena with the person subpoenaed; and the original, bearing or accompanied by the required proof of service, shall be returned to the official who issued the subpoena. (5 U.S.C. 301).

[39 FR 15277, May 2, 1974, as amended at 40 FR 58281, Dec. 16, 1975; 42 FR 65131, Dec. 30, 1977; 43 FR 12673, Mar. 27, 1978]

Subpart C-Judicial Proceedings

§1.41 Service of process.

Process in any suit brought in Washington, District of Columbia, against the United States or any officer of the U.S. Department of Agriculture in any matter involving the activities of this Department, shall be served on the General Counsel of the Department. A

U.S. Marshal or other process server attempting to serve process in such a suit on any officer of the Department shall be referred to the Office of the General Counsel, in order that service of process may be made. In the event an officer of the Department of Agriculture is served with process in such a suit, he shall immediately notify the General Counsel. Any subpoena, summons, or other compulsory process requiring an officer or employee to give testimony, or to produce or disclose any record or material of the U.S. Department of Agriculture, shall be served on the officer or employee of the U.S. Department of Agriculture named in the subpoena, summons, or other compulsory process. Service of process shall be made upon the General Counsel to enforce child support or alimony payments owned by employees of the Department either personally or by certified registered mail, return receipt requested.

[19 FR 4052, July 3, 1954, as amended at 33 FR 10273, July 18, 1968; 43 FR 6202, Feb. 14, 1978]

Subpart D-Claims

§ 1.51 Claims based on negligence, wrongful act, or omission.

(a) Authority of Department—(1) Claims which accrue prior to January 18, 1967. Under the provisions of the Federal Tort Claims Act, 28 U.S.C. 2671-2680 in effect prior to January 18, 1967, the Department may consider, ascertain, adjust, determine and settle claims for money damages of $2,500 or less against the United States for personal injury, death, or property loss or damage caused by the negligent or wrongful act or omission of any employee of the Department while acting within the scope of his office or employment, under circumstances where the United States, if it were a private person, would be liable, in accordance with the law of the place where the act or omission occurred. This paragraph applies only to those claims which accrue before January 18, 1967.

(2) Claims which accrue on or after January 18, 1967. Under the provisions of the Federal Tort Claims Act, as

20-007 0-88--3

sion film company's and/or individual producer's story treatment of the subject matter, but no such priority shall limit use of the subject matter itself.

(2) A priority will be given in writing upon acceptance in writing by the producer of the stipulations in § 1.75(b). The U.S. Department of Agriculture will hold the producer's treatment of the story material in confidence until the producer has made a public release pertaining to the subject.

(b) Time and scope. A priority will be given on the producer's story treatment for an agreed upon period of time. Requests for cooperation with similar or conflicting ideas and backgrounds will be considered only after holder of the first priority has used the agreed upon time to develop the materials.

(1) Details on priorities will be written into the agreements.

(2) The Director of Information will retain the right to cancel priorities when the producer at any stage violates the provisions of the regulations or of a particular agreement, or when public interest is no longer served.

(3) No priority will be canceled until the producer has had an opportunity to appear before the Secretary of Agriculture or his designee.

§ 1.78 Development of special working relationships.

(a) Preliminary. Prior to the submittal of a script or the rendering of an agreement, assistance may be given by the Department or one of its agencies in outlining story plans, visits to field points, and other incidentals that will assist the producer in determining his course of action.

(b) Request for special working arrangements. Once the decision is made to go ahead with an agreement, either the interested agency or the producer will make a written submission to the Director of Information, requesting that special working arrangements be established.

(1) In submitting scripts prior or subsequent to executing a written agreement under a special working relationship four (4) copies of the completed script shall be submitted to the Director of Information or his designee, along with a statement of specific

§ 1.92 Department policy.

(a) Preference. Licensed blind persons shall be given preference in the operation of vending stands on any Department-controlled premises in which vending stands may be properly and satisfactorily operated by such persons without unduly inconveniencing the Department or adversely affecting the interests of the United States.

(b) Vending machines. Where a permit is to be or has been issued for operation of a vending stand by a licensed person, income from vending machines which are determined to be in competition and which would pro

vide the same or similar items which are or could be vended at the stand shall also be granted to the vending stand operator. Vending machine permits shall not be granted in premises where vending opportunities exist for the purpose of avoiding issuance of a vending stand permit.

(c) Existing permits. Where a determination has been made that a permit for the operation of a vending stand or machines by licensed blind persons is to be issued, existing permits which are determined to be in substantial competition with the operation by the blind person shall be terminated as soon as possible under the terms of such permits.

(d) Surveys. Department Agencies shall cooperate with the Department of Health, Education, and Welfare and State licensing agencies in making surveys to determine whether and where vending stands may be properly and profitably operated by blind persons.

§ 1.93 Procedure.

Where it is determined that a vending stand may be installed, the State licensing agency shall be so advised and the necessary permit agreed upon and issued to it. Permits shall be approved by the Head or designated representative of the Agency having custody of the building or holding the prime lease.

§ 1.94 Special provisions.

(a) Articles to be sold. Items to be provided at vending stands or through vending machines may include, in addition to those specified in 20 U.S.C. 107-107f, such items as mutually agreed upon between the State licensing agency and the Department Agency. Items held for sale shall be clean and wholesome and shall be stocked in sufficient quantity to meet the needs of the persons served.

(b) Location. Stands and/or machines shall be so located as to provide reasonable access by the public or employees and at the same time to not constrict or obstruct access and exist to the premises or interfere with the transaction of public business.

(c) Leased premises. If stands and/or vending machines are to be installed in leased premises, the necessary ap

proval of the lessor shall be obtained prior to granting the permit.

(d) Charges for services. No charge shall be made to the permittee for the use of the Government-furnished space or utilities; provided however, the permittee shall assume the responsibility for all cost of installation, maintenance in good repair and tenantable condition, and removal or relocation of the stand and/or vending machines.

(e) Codes and ordinances. The permittee shall be responsible for the operation of the stand and/or machines in compliance with applicable local and state health, sanitation and building codes or ordinances. In the absence of such codes or ordinances, reasonable standards, not inconsistent with regulations of the Department, shall be enforced by the granting agency.

(f) Approval of installation. Any installations involving structural alterations or connections to building services shall be approved by the Department Agency prior to being made.

(g) Termination provision. The permit shall provide for termination upon (1) mutual consent, (2) vacation of the premises by the Department, (3) failure to comply with provisions of the permit (see paragraph (h) of this section), and (4) upon written determination by the Department official granting the permit that the Department is unduly inconvenienced or the interests of the United States are adversely affected. A copy of the written determination provided in paragraph (g)(4) of this section shall be furnished to the State licensing agency. (See paragraph (i) of this section.)

(h) Enforcement procedure. If there are significant violations of the terms of this subpart or the permit, the matter shall be called to the attention of the State licensing agency. Upon failure of the State licensing agency to take action the matter shall be referred to the Director of Plant and Operations for determination by him, after consultation with the Office of Vocational Rehabilitation, Department of Health, Education, and Welfare, of whether the permit should be terminated.