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owed, plus any applicable interest as provided in section 9 of this appendix, as well as the full estimated fee associated with any new request before the agency begins to process that new or subsequent request.
(4) Natural Resources Conservation Seryice, National Cartography and Geospatial Center, 501 Felix Street, Building 23, Fort Worth, Texas 76115.
(5) Office of Communications, Photography Division, Room 4407 South Building, Washington, DC 20250.
Section 9. Interest charges.
On requests that result in fees being assessed, agencies may begin levying interest charges on an upaid bill starting on the 31st day following the day on which the billing was sent. Interest will be at the rate prescribed in 31 U.S.C. 3717, and will accrue from the date of the billing.
Section 10. Effect of the Debt Collection Act on
Section 13. Circumstances under which
reproductions may be provided free. Reproductions may be furnished free at the discretion of the agency, if it determines that furnishing free reproductions is in the public interest, to:
(a) Representatives of the news media 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.
In attempting to collect fees levied under the FOIA, agencies shall abide by the provisions of 31 U.S.C. 3701, 3711_3720A, in disclosing information to consumer reporting agencies and in the use of collection agencies, where appropriate, to encourage payment.
Section 14. Loans.
Section 11. Photographic and digital reproduc
tions of microfilm, aerial imagery, and maps.
Aerial photographic film negatives or reproductions may not be loaned outside the Federal Government.
Microfilm, aerial imagery, and maps that have been obtained in connection with the authorized work of this Department may be sold at the estimated cost of furnishing reproductions of these records, using photographic, digital, or other methods of reproduction as prescribed in this appendix.
Section 15. Sales of positive prints under
Section 12. Agencies which furnish
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.
(a) Aerial photographic reproductions. The agencies of the Department identified in this paragraph furnish aerial photographic reproductions.
(1) Farm Service Agency (FSA), APFO, USDA-FSA, 2222 West 2300 South, PO Box 30010, Salt Lake City, Utah 84125.
(2) Natural Resources Conservation Service (NRCS), National Cartography and Geospatial Center, 501 Felix Street, Building 23, Fort Worth, Texas 76115, or a cartographic facility in any NRCS Technical Service Center.
(b) Other photographic reproductions. Photographic reproductions other than aerial photographic reproductions may be obtained from the agencies of the Department identified in this paragraph.
(1) Farm Service Agency (FSA), Aerial Photography Field Office, USDA-FSA, 2222 West 2300 South, PO Box 30010, Salt Lake City, Utah 84125.
(2) Forest Service (FS), USDA, PO Box 96090, Washington, DC 20090-6090, or a FS Regional Office.
(3) National Agricultural Library, Agricultural Research Service, USDA, Document Delivery Services Branch, 10301 Baltimore Boulevard, Beltsville, Maryland 20705-2351.
Section 17. Reproduction prices. The prices for reproductions listed in this section are for the most generally requested items.
(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
(2) Forest Service
information will be made in accordance with section 4, paragraphs (c)-(e) of this appendix. The contract rate charged by the commercial source to the National Agricultrual Library for computer services is available at the National Agricultural Library, Agricultural Research Service, USDA, Document Delivery Services Branch, 10301 Baltimore Boulevard, Beltsville, Maryland 20705–2351 (301-5046503).
(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.
1 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 in this paragraph. Size measurements refer to the approximate size in inches of the paper required to produce the print.
Microfilm (photo indexes):
Color fim positive transparen
3. Black and white enlargements (projec-
$8.00 10.00 11.00 12.00 18.00 25.00
20.00 25.00 35.00
4.00 20.00 25.00 30.00 40.00 45.00
Color film posi tive tar paren
5. Reproductions from color positive trans
parencias (natural) color or color infra-
$8.00 25.00 30.00 35.00 45.00 50.00
(d) Aerial photographic reproduction from National High Altitude Photography (NHAP) Program. There is no minimum charge on NHAP aerial photography orders. The prices for various types of aerial photographic reproductions are set forth in this paragraph. Size measurements refer to the appropriate size in inches of the paper required to produce the Phoprint.
1. Black-and white contact prints:
10x10 copy negative
20 x 24 RC (resin coated base) paper
1. Black and white contact prints:
20x24 RC (resin coated base paper)
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
(e) Special needs. For special needs not covered elsewhere in this section, persons desiring aerial photographic reproductions should contact the aerial photography coordinator, Farm Service Agency (FSA), Aerial Photography Field Office, USDA-FSA, 2222 West 2300 South, P.O. Box 30010, Salt Lake City, Utah 84125.
(1) 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.
(52 FR 49386, Dec. 31, 1987, as amended at 62 FR 33980, June 24, 1997)
. B-Departmental Proceedings
g 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,
hearing or other proceeding before the Department.
(18 U.S.C. 203, 205, 207)
(32 FR 5458, Apr. 1, 1967, as amended at 60 FR 66480, Dec. 22, 1995)
(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 the 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)
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 published 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.
8 1.28 Petitions.
Petitions by interested persons in accordance with 5 U.S.C. 553(e) 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, as amended at 60 FR 66481, Dec. 22, 1995)
8 1.29 Subpoenas relating to investiga
tions under statutes administered
by the Secretary of Agriculture. (a) Issuance of subpoena. (1) 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, the subpoena may be issued by the Secretary, the Inspector General, or any
Subpart C-Judicial Proceedings
Department official authorized pursuant to part 2 of this title to administer the program to which the subpoena relates, if the official who is to issue the subpoena is satisfied as to the reasonableness of the grounds, necessity, and scope of the subpoena. Except as provided in paragraph (a)(2) of this section, the authority to issue subpoenas may not be delegated or redelegated by the head of an agency.
(2) The Administrator, Grain Inspection, Packers and Stockyards Administration, may delegate the authority to issue subpoenas in connection with investigations being conducted under the Packers and Stockyards Act (7 U.S.C. 181–229), to the Deputy Administrator, Packers and Stockyards Programs.
(b) Service of subpoena. (1) A subpoena issued pursuant to this section may be served by:
(1) 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, her, 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 or she personally served a copy of the subpoena upon the person named in the subpoena; 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.
8 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, the officer 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.
(19 FR 4052, July 3, 1954, as amended at 33 FR 10273, July 18, 1968; 43 FR 6202, Feb. 14, 1978; 60 FR 66481, Dec. 22, 1995)
$ 1.51 Claims based on negligence,
wrongful act or omission. (a) Authority of the Department. Under the provisions of the Federal Tort Claims Act (FTCA), as amended, 28 U.S.C. 2671–2680, and the regulations issued by the Department of Justice (DOJ) contained in 28 CFR part 14, the United States Department of Agriculture (USDA) may, subject to the provisions of the FTCA and DOJ regulations, consider, ascertain, adjust, determine, compromise, and settle claims for money damages 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 USDA while acting within the scope of his or her office or employment, under circumstances where the United States, if it were a
[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; 60 FR 66481, Dec, 22, 1995)