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authority in connection with the respective functions assigned to each of them in this part to perform all the duties and exercise all the functions and powers that are now or that may become vested in the Administrator except the authorities reserved to the Administrator or Deputy Administra


(d) Area Veterinarians in Charge, VS. Area Veterinarians in Charge of VS programs are delegated authority to:

(1) Issue exemptions to facilities or premises from the requirements of section 4 of the Swine Health protection Act pursuant to section 4(b) of the Act (7 U.S.C. 3803), and

(2) Issue permits to operate facilities to treat garbage pursuant to section (5)(a) of the Swine Health Protection Act (7 U.S.C. 3804).

§ 371.15 Concurrent authority and responsibility to the Administrator.

(a) No delegation or authorization in this part shall preclude the Administrator or each Deputy Administrator or Director from exercising any of the powers or functions or from performing any of the duties conferred upon each, respectively. Any delegation or authorization is subject at all times to withdrawal or amendment by the Administrator, and in their respective fields, by each Deputy Administrator or Director. The Officers to whom authority is delegated in this part shall:

(1) Maintain close working relationships with the officers to whom they report,

(2) Keep them advised with respect to major problems and developments, and

(3) Discuss with them proposed actions involving major policy questions or other important considerations or questions including matters involving relationships with other federal agencies, other agencies of the Department, other divisions and staffs or offices of the agency or other governmental or private organizations or groups.

(b) Prior authorizations and delegations. All prior delegations and redelegations of authority relating to any functions, program, or activity covered by the Statement of Organization,

Functions and Delegations of Authority, shall remain in effect except as they are inconsistent with this part or are amended or revoked. Nothing in this part shall affect the validity of any action taken previously under prior delegations or redelegations of authority or assignments of functions. § 371.16 Reservation of authority.

The following are reserved to the Administrator, or to the individual designated to act for the Administrator:

(a) The initiation, change, or discontinuance of major program activities. (b) The issuance of regulations pursuant to law.

(c) The transfer of functions between Deputy Administrators or Directors.

(d) The transfer of funds between Deputy Administrators or Directors.

(e) The transfer of funds between work projects within each Deputy Administrator's or Director's area, except those not exceeding 10 percent of base funds or work $50,000 in either project, whichever is less.

(f) The approval of any change in the formal organization, including a section, its equivalent, or higher level.

(g) The making of recommendations to the Department concerning establishment, consolidation, change in location, or abolishment of any regional, state, area, and other field headquarters, and any region or other program area that involves two or more states, or that crosses state lines.

(h) Authority to establish, consolidate, or change a location or abolish any field office or change program area boundaries not included in paragraph (g) of this section.

(i) Approval of all appointments, promotions, and reassignments in GS14 and GM-14 and above.

(j) Authorization for foreign travel and for attendance at foreign and international meetings, including those held in the United States.

(k) Approval of all appointments, promotions, and reassignments of employees to foreign countries.

(1) Approval of budget estimates.

(m) Authority to determine the circumstances under which commuted

[blocks in formation]

380.1 Scope and applicability of rules of practice.

Subpart B-Supplemental Rules of Practice 380.10 Stipulations.

AUTHORITY: Sec. 1, 37 Stat. 315, as amended; sec. 5, 37 Stat. 316, as amended; sec. 7, 37 Stat. 317, as amended; secs. 8 and 10, 37 Stat. 318, as amended; sec. 9, 37 Stat. 318; sec. 10, 45 Stat. 468; sec. 15, 45 Stat. 565; 56 Stat. 40, as amended; secs. 103 and 105, 71 Stat. 32, as amended; sec. 106, 71 Stat. 33; sec. 108, 71 Stat. 34, as amended; sec. 11(a), 87 Stat. 897; sec. 4, 95 Stat. 1074; 7 U.S.C. 149, 150bb 150dd, 150ee, 150gg, 154, 159164a, 167, 16 U.S.C. 1540(a), 3373 (a) and (b), 7 CFR 2.17, 2.51, 371.2(c).

Subpart A-General

§ 380.1 Scope and applicability of rules of practice.

The Uniform Rules of Practice for the Department of Agriculture promulgated in subpart H of part 1, subtitle A, title 7 CFR are the Rules of Practice applicable to adjudicatory,

administrative proceedings under the following statutory provisions:

Act of August 20, 1912, commonly known as the Plant Quarantine Act, section 10, as amended (7 U.S.C. 163, 164),

Act of January 31, 1942, as amended (7 U.S C. 149),

Federal Plant Pest Act, section 108, as amended (7 U.S.C. 150gg),

Endangered Species Act Amendments of 1973, as amended, section 11(a) (16 U.S.C. 1540 (a)), and

Lacey Act Amendments of 1981, section 4 (a) and (b) (16 U.S.C. 3373 (a) and (b)).

In addition, the Supplemental Rules of Practice set forth in subpart B of this part shall be applicable to such proceedings.

[49 FR 22247, May 29, 1984]

Subpart B-Supplemental Rules of Practice

§ 380.10 Stipulations.

(a) At any time prior to the issuance of a complaint seeking a civil penalty under any of the Acts listed in § 380.1, the Administrator, in his discretion, may enter into a stipulation with any person in which:

(1) The Administrator or the Administrator's delegate gives notice of an apparent violation of the applicable Act, or the regulations issued thereunder, by such person and affords such person an opportunity for a hearing regarding the matter as provided by such Act;

(2) Such person expressly waives hearing and agrees to pay a specified penalty within a designated time; and (3) The Administrator agrees to accept the specified penalty in settlement of the particular matter involved if the penalty is paid within the designated time.

(b) If the specified penalty is not paid within the time designated in such a stipulation, the amount of the stipulated penalty shall not be relevant in any respect to the penalty which may be assessed after issuance of a complaint.

[48 FR 33468, July 22, 1983]



A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabetical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published separately and revised annually.

Material Approved for Incorporation by Reference

Table of CFR Titles and Chapters

Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected

Material Approved for Incorporation by Reference

(Revised as of January 1, 1992)

The Director of the Federal Register has approved under 5 U.S.C. 552(a) and 1 CFR Part 51 the incorporation by reference of the following publications. This list contains only those incorporations by reference effective as of the revision date of this volume. Incorporations by reference found within a regulation are effective upon the effective date of that regulation. For more information on incorporation by reference, see the preliminary pages of this volume.



Agriculture Department


Regulatory Support Staff, Plant Protection and Quarantine Programs,
Animal and Plant Health Inspection Service, USDA, Room 635,
Federal Bldg., Hyattsville, MD 20782

Plant Protection & Quarantine Programs Treatment Manual-Jan. 1976 330.3(a); 301.48–1; (revised as of Dec. 1980).

Plant Protection & Quarantine Treatment Manual-May 1985 revised as

of October 1990.


300.1; 300.93-10;


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