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<br />10795
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<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.
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<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.
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<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 .
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<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~
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<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.
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<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
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<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.
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<br />SEED CROPS
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<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.
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<br />OTHER COMMOOIT1.ES
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<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.
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<br />2. In ~ 5.4 the paragraph under the
<br />center head "Seed Crops" js amended to
<br />read as follows:
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<br />t:; 5.4 COlllntodiliefl for which porily
<br />priers shall he l'Hlculoled.
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<br />SEED CROPS
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<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,
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<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
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<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
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<br />FEDERAL REGISTER, VOL. 38, NO. 84-WEDNESDAY, MAY 2, 1973
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<br />1'J'S"78
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