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<br />- <br /> <br />10795 <br /> <br />Rules and Regulations <br /> <br />This section of the FEDERAL REGISTER contains regulatory documents having general applicability and logal effect most of which are <br />keyed to end codified In the Code of Federal Regulations. which is pu bUshed tinder 50 titres pursuant to 44 U.S.C. J510. <br />The !=ode of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL <br />REGISTER issue of each month. <br /> <br />~ <br /> <br />.. <br /> <br />Title 7-Agriculture <br /> <br />SUBTITLE A-oFFICE OF THE SECRETARY <br />OF AGRICULTURE <br /> <br />PART 2-DELEGATIONS OF AUTHORITY <br />BY THE SECRETARY OF AGRICULTURE <br />AND GENERAL OFFICERS OF THE DE. <br />PARTMENT <br /> <br />Administrative Law Judges <br /> <br />Pursuant to the authority contained <br />in 5 U.S.C. 301 and Reorganization Plan <br />No.2 of 1953. the "Delegations of Au~ <br />thority by the secretary of Agrlcul ture <br />and General Officers of the Department" <br /><7 CFR subtitle A, part 2; 37 FR 28463 <br />et seq.) are amended as set forth below <br />to vest the authority and responsibility <br />in the General Counsel, as the chief law <br />officer of the Department, to decide which <br />initial decisions of the Administrative <br />Law Judges shall be appealed by the De- <br />partment to the Secretary, rathe.r than <br />the Secretary reviewing such initial de- <br />cisions on his own initiative as formerly <br />provided in ~ 2.41 of the delegations. <br />1. Paragraph (h) of ft 2.31 of subpart <br />D, containing the delegations of authority <br />by the Secretary of Agriculture to the <br />General Counsel, is amended to read: <br /> <br />ti 2.31 Delegation of' :mlhority 10 Ihe <br />Genl"rul (:ouneel. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />(h) Represent the Department in for- <br />mal rulemaking and adjudicatory pro- <br />ceedings held in connection with the ad- <br />ministration o{ the Departments activi- <br />ties. and decide whether initial decisions <br />of the administrative law judges shall be <br />appealed by th~ Department to the <br />Secretary . <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />,,~. <br />l\.. <br /> <br />2. Section 2.41 of subpart D is amended <br />to read: <br /> <br />62.41 Dceignalion 10 the Office of Ad. <br />minisuative Law Judges. <br /> <br />The following designations are made <br />by the Secretary of Agriculture to the <br />Office of Administrative Law Judges: <br />(a) Administrative law judges (for- <br />merly healing examiners) are designated <br />pursuant to se~.on 556(bl (3) of T!tJe <br />5, United Stat 'ode. to hold hearings <br />and perform rela 'o'duties in proceedings <br />subject to sections 556 and 557 of title <br />5, United States Code (formerly secs. 7 <br />and 8 of the Administrative Procedure <br />Act), arising under the Agricultural Mar- <br />keting Agreement Act of 1937, as <br />amended (7 U.S.C. 601 et seqJ; the <br />Commodity Exchange Act, as Rmended <br />(7 U.S.C. 1 et seQ.); the Perlshable <br />Agricultural Commodlties Act, as <br />amended (7 U.S.C. 499a et seq.) ; tile Fed- <br />eral Seed Act. as amended (7 U.8.C. 1551 <br />et seq.) : the (Laboratory) Animal Wel~ <br /> <br />fare Act, as amended (7 U.S.C. 2131 et <br />Seq,); the Packers. and Stockyards Act. <br />1921. as amended and supplemented (7 <br />U.S.C. 181 et seQ.); and any other acts <br />providing for hearings to which the pro- <br />visions of sections 556 and 557 of Title <br />5, United States Code, are applicable. <br />Pursuant to the applicable rules of prac- <br />tice. the administrative law judges shall <br />make initial decisions in adjudication <br />and rate proceedings subject to sections <br />556 and 557 of Title 5, United States <br />Code. SUch decisions shall become final <br />without further proceedings unless there <br />is an appeal to the Secretary by a party <br />to the proceeding in accordance with the <br />applicable rules of practice: Provided, <br />however, That no decision shall be final <br />for purposes of jUdicial review except a <br />final decision of the Secretary upon ap- <br />peal. As used herein, "Secretary" means <br />the Secretary of Agriculture. the Judicial <br />Officer, or other officer or employee of the <br />Department delegated, pursuant to the <br />Act of April4, 1940 <7 U.S.C. 450~50g). <br />and Reorganization Plan No.2 of 1953, <br />"regulatory functions~' as that term is <br />defined in the 1940 Act, in acting as a <br />final deciding officer in adjUdication llnd <br />rate proceedings subject to section~ 556 <br />and 557 of title 5, United States Oode. <br /> <br />Dated April 27. 1973. <br /> <br />EARL L. BUTZ, <br />Secretary of Agriculture. <br />[PH Doc.73-8581 Filed 5-1-73;8:45 amI <br /> <br />[Amdt. 281 <br /> <br />PART 5-DETERMINATlON OF PARITY <br />PRICES <br />Deletion of Certain Seed Crops and Castor <br />Beans from List <br /> <br />The regulations of the Secretary of Ag- <br />riculture with respect to the determina- <br />tion of parity prices (21 FR 761, as <br />amended; 7 CFR part 5) are amended <br />as hereinafter specified in order to de- <br />lete Kentucky bluegras5..- seed, sweet- <br />clover seed, whiteclover seed, and castor <br />beans from the lists of c.ommodities for <br />which parity prices shall be calculated. <br />1. In I 5.2 the paragraphs under the <br />center heads "Saed Crops" and "Ot,her <br />Commodities" are amended to read as <br />follows:' .. <br /> <br />S 5.2 Markeling lOellson a\'cragc price <br />dilld. <br /> <br />. <br /> <br />SEED CROPS <br /> <br />Alfalfa. bentgrasa, crlmson clover, Chew- <br />lngs fescue, red fescue, tall fescue, Marlon <br />Kentucky bluegrass, Ladlno clover. lespecieza. <br />orchard grass, red clm'er, timothy, and hairy <br />vetch. <br /> <br />OTHER COMMOOIT1.ES <br /> <br />Beeswax; cottonseed; hops; peas; dry field; <br />peppermint 011; popcorn; potatoes; spei\r~ <br />mint 011; and toba.cco, types 61-62. All other <br />commodities lor which monthly price data <br />are not avallable. <br /> <br />2. In ~ 5.4 the paragraph under the <br />center head "Seed Crops" js amended to <br />read as follows: <br /> <br />t:; 5.4 COlllntodiliefl for which porily <br />priers shall he l'Hlculoled. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />SEED CROPS <br /> <br />Alfalfa. bentgrass, crImson clover, Chew~ <br />Ing$ lescue, red fescue, tall feacue, Marlon <br />Kentllcky bluegrass, Ladlno clover. lespedeza, <br />orchard grass, red clover, timothy. and halry <br />vetch. <br /> <br />(Sec. 301. 62 Stat. 38, as amended; 7 U.S.C. <br />1301.) <br /> <br />Effective date.-May 2. 1973. <br /> <br />Done at WaShington. D.C., this 27th <br />day of Aprll1973, <br /> <br />.~' <br /> <br />EARL L. BUTZ, <br />, Secretary of Agricul~uTe. <br />", <br />[FR Doc.73-8535 Flled 6-1-73;8:46 am) <br /> <br />CHAPTER 111-7L AND PLANT <br />HEALTH INSPECT'Ill\.I SERVICE, DE. <br />PARTMENT OF .AGRICULTURE <br /> <br />PART 301-DOMESTIC QUARANTINE <br />NOTICES <br /> <br />Subpart-Gypsy Moth and Browntail <br />Moth <br /> <br />List of Hazardous Mobile Home Parks <br />and Recreational Sites <br /> <br />This document ameilds the list of <br />hazardous moblle home parks and rec- <br />reational sites under the supplemental <br />regulations of the GyPSY Moth and <br />Browntail Moth Quarantine by designat~ <br />ing mobile home parks in Maine, New <br />Hampshire, and VeJ;mont for the first <br />time; and by listing .additional parks in <br />the States of COlmecticut, Massachu- <br />setts, New York. Pennsylvania, and <br />Rhode Island. All parks In Connecticut <br />and New Jersey and all parks in 25 coun~ <br />ties of pennsylvania are now listed as <br />ha2'ardous. <br />Pursuant to the provisions of sections <br />8 and 9 of the Plant Quarantine Act of <br />August 20, 1912, as amended. and section <br />106 of the Federal Plant Pest Act (7 <br />U,S,C, 161, 162. 150ee), Bnd 1301.45-2 <br />of the Gypsy Moth IUld Browntail Moth <br />Quarantine regulations. 7 crn 301.45-2, <br />as amended, the supplemental regulation <br /> <br />FEDERAL REGISTER, VOL. 38, NO. 84-WEDNESDAY, MAY 2, 1973 <br /> <br />1'J'S"78 <br />