ministrator or from time to time when the Administrator is not available.

(b) Deputy Administrators—(1) General. The Deputy Administrator, PPQ, the Deputy Administrator, VS, the Deputy Administrator for Management, and the officers they designate-with prior specific approval of the Administrator-to act for them, are hereby delegated the authority, severally, to perform all the duties and to exercise all the functions and powers which are now, or which may hereafter be vested in the Administrator (including the power of redelegation except when prohibited) except such authority as is reserved to the Administrator. Each Deputy Administrator shall be responsible for the programs and activities of the Animal and Plant Health Inspection Service herein or hereafter assigned to such Deputy Administrator.

(2) Specific. The Deputy Administrator, PPQ, and the Deputy Administrator, VS, are specifically delegated the authority to issue administrative instructions respectively, for Plant Protection and Quarantine and for Veterinary Services, prescribing commuted traveltime allowances to be paid to inspectors called to perform inspections and necessary auxiliary services after normal working hours or on holidays, when such services come within the scope of the Act of August 28, 1950 (7 U.S.C. 2260).

(c) Director, Information Division. The Director of the Information Division is hereby delegated authority, in connection with the respective functions herein assigned to him, to perform all the duties and to exercise all the functions and powers which are now, or which may hereafter be, vested in the Administrator (including the power or redelegation except when prohibited) except such authority as is reserved to the Administrator.

(d) Plant Protection and Quarantine, Veterinary Services and Administrative Management. The Directors of the National Program Planning Staffs, Professional Development Staffs, National Programs, International and Emergency Programs, Animal Health Programs, International Programs, National Brucellosis Eradication Program, and the National Veterinary

Services Laboratories are hereby delegated authority in connection with the respective functions herein assigned to each of them, to perform all the duties and to exercise the functions and powers which are now, or which may hereafter be, vested in the Administrator except the authorities reserved to the Administrator and the Deputy Administrators. The Directors of Budget and Accounting, Human Resources, and Administrative Services Divisions, the Automated Data Systems, Management Systems Analysis and Evaluations Staffs, the Legislative Affairs Staff, and the Field Servicing Office are hereby delegated authority in connection with the respective functions herein assigned to them, to perform all the duties and to exercise all the powers which are now, or which may be, vested in the Administrator except such authority as is reserved to the Administrator and Deputy Administrators.

(e) Area Veterinarians in Charge, Veterinary Services. Area Veterinarians in Charge of Veterinary Services programs are hereby delegated authority

(1) To issue exemptions to facilities or premises from 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) To issue permits to operate facilities to treat garbage pursuant to section (5)(a) of the Swine Health Protection Act (7 U.S.C. 3804).

[45 FR 8564, Feb. 8, 1980, as amended at 48 FR 6523, Feb. 14, 1983; 48 FR 50295, Nov. 1, 1983]

§ 371.7 Concurrent authority and responsibility to the administrator.

(a) No delegation or authorization prescribed herein shall preclude the Administrator or each Deputy Administrator, from exercising any of the powers or functions or from performing any of the duties conferred upon them herein, and any such delegation or authorization is subject at all times to withdrawal or amendment by the Administrator, and in their respective fields, by each Deputy Administrator. The Officers to whom authority is delegated herein 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 herewith or are hereafter amended or revoked. Nothing herein shall affect the validity of any action heretofore taken under prior delegations or redelegations of authority or assignments of functions.

§ 371.8 Reservation of authority.

There is hereby reserved to the Administrator, or to the individual designated to act for the Administrator, the following:

(a) The initiation, change, or discontinuance of major program activities.

(b) The issuance of regulations pursuant to law, except as provides in § 371.2 (c) and (d).

(c) The transfer of functions between Deputy Administrators.

(d) The transfer of funds between Deputy Administrators.

(e) The transfer of funds between work projects within each Deputy Administrator's area, except those not exceeding 10 percent of base funds or $50,000 in either work 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 (1) regional, State area, and other field headquarters offices, and (2) any region or other program area that involves two or more States, or that crosses State lines, except PPQ Districts which are

under the authority of the Deputy Administrator, PPQ.

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

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

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

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

(1) Approval of budget estimates.

(m) Authority to determine the circumstances under which commuted traveltime allowances may be paid to employees performing inspection and necessary auxiliary services after normal working hours or on holidays, when such services come within the scope of the Act of August 28, 1950 (7 U.S.C. 2260).

AUTHORITY: Section 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; 7 U.S.C. 149, 150bb, 150dd, 150ee, 150gg, 154, 159164a, 167, 7 CFR 2.17, 2.51, 371.2(c).

SOURCE: 48 FR 33468, July 22, 1983, unless otherwise noted.

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, Code of Federal Regulations, 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).

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

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.

PARTS 381-399 [RESERVED]