Indianapolis-70 Livestock Exchange Build-
ing, Indianapolis, Ind. 46221.
Kansas City-828 Livestock Exchange Build
ing Kansas City, Mo. 64102.
Memphis-Room 831, Federal Building, 167
North Main Street, Memphis, Tenn. 38103.
National Stockyards (Suboffice of Chicago) —
Livestock Exchange Building, Post Office
Box 186, National Stockyards. Illinois

67071.

Newark-Room 366, Industrial Office Building, 1061 Broad Street, Newark, N.J. 07102. Omaha-435 Livestock Exchange Building, Omaha, Nebr. 68107.

Portland-Post Office Box 127, North Portland, Oreg. 97043.

Sioux City (Suboffice of Omaha)-224 Livestock Exchange Building, 800 South Chambers Street, Sioux City, Iowa 51107. St. Paul-208 Post Office Building, Box 297, South St. Paul, Minn.

Washington Field-Room 605-C, Building RP-E, Arlington, Va. 22209.

[32 F.R. 9636, July 4, 1967, as amended at 35 F.R. 18262, Dec. 1, 1970]

§ 204.3

Delegations of authority.

(a) Associate Administrator: Under the direction and supervision of the Administrator, the Associate Administrator is hereby delegated authority 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).

(b) Executive Assistant to the Administrator: The Executive Assistant to the Administrator, under the direction and supervision of the Administrator and the Associate Administrator, is hereby delegated authority to act, subject to § 204.11 and paragraph (i) of this section, on behalf of the Packers and Stockyards Administration, on all requests for records of said Administration, in accordance with 5 U.S.C. 552, as implemented by this part.

(c) Division Directors: The Directors of the Industry Analysis Staff, Livestock Marketing Division, and the Packer and Poultry Division, under administrative and technical direction of the Administrator and Associate Administrator, are hereby individually delegated authority, in connection with the respective functions assigned to each of said organizational units in § 204.2, 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 to issue subpenas and the power of redelegation) except such authority as is reserved to the Administrator and Associate Admin

istrator under paragraph (1) of this section.

(d) Branch Chiefs:

(1) The Chief of the Rates, Services, and Facilities Branch; the Chief of the Marketing Practices Branch; the Chief of the Registrations, Bonds, and Reports Branch; the Chief of the Scales and Weighing Branch of the Livestock Marketing Division; the Chief of the Livestock Procurement Branch; the Chief of the Meat Merchandising Branch; and the Chief of the Poultry Branch of the Packer and Poultry Division are hereby individually delegated authority under the provisions of section 402 of the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 222), to issue special orders pursuant to the provisions of subsection 6(b) of the Federal Trade Commission Act (15 U.S.C. 46(b)) and, with respect thereto, to issue notices of default provided for in section 10 of the Federal Trade Commission Act (15 U.S.C. 50).

(2) The Chief of the Rates, Services, and Facilities Branch of the Livestock Marketing Division is hereby delegated authority to perform all acts, functions, and duties with respect to suspending the operation of schedules of rates and charges of stockyard owners and market agencies and extending the time of such suspensions as prescribed in subsection 306(e) of the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 207(e)) and all acts, functions, and duties as prescribed in § 202.3 of this chapter with respect to the investigation and disposition of informal complaints involving rates or charges or the application of regulations of stockyard owners and market agencies, or the alleged failure of such persons to furnish reasonable stockyard services as required by section 304 of the Act (7 U.S.C. 205).

(3) The Chief of the Marketing Practices Branch of the Livestock Marketing Division is hereby delegated authority to perform all acts, functions, and duties with respect to the investigation and disposition of informal complaints for reparation as prescribed in § 202.3 of this chapter and to arrange for the service of documents and perform all other acts, functions, and duties of the Administrator and Administration as prescribed in §§ 202.39 through 202.43 of this chapter.

(4) The Chief of the Registrations, Bonds, and Reports Branch of the Livestock Marketing Division is hereby delegated authority to perform all acts, functions, and duties with respect to the post

ing and deposting of stockyards pursuant to the provisions of subsection 302(b) of the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 202(b)), and perform all acts, functions, and duties of the Administrator with respect to the execution of bonds and trust fund agreements under §§ 201.27 through 201.38 of this chapter, including the power to determine that a bond is inadequate under § 201.30 (f) of this chapter and to determine the amount of bond needed under such paragraph.

(5) The Chief of the Poultry Branch of the Packer and Poultry Division is hereby delegated authority to perform all acts, functions, and duties of the Director of said Division with respect to issuing of licenses pursuant to the provisions of section 502(b) of the Packers and Stockyards Act, as amended (7 U.S.C. 218a (b)).

(e) Area Supervisors:

(1) The Area Supervisors of the Packers and Stockyards Administration are hereby individually delegated authority, under the provisions of section 402 of the Packers and Stockyards Act, 1921, as amended (7 U.S.C. 222), to issue special orders pursuant to the provisions of subsection 6(b) of the Federal Trade Commission Act (15 U.S.C. 46(b)), and, with respect thereto, to issue notices of default provided for in section 10 of the Federal Trade Commission Act (15 U.S.C. 50); to notify persons deemed to be subject to the bonding requirements in 7 U.S.C. 204 of their obligations to file bonds or trust fund agreements in conformity with §§ 201.27 through 201.38 of this chapter; to notify persons deemed to be subject to the reporting requirements in § 201.97 of this chapter of their obligation to file annual reports; and to grant reasonable requests for extension, of 30 days or less, of the time for the filing of such annual reports in conformity with § 201.97 of this chapter.

(2) The Area Supervisors are hereby individually delegated authority, when there is reason to believe that there is a question as to the true ownership of livestock sold by any person, to disclose information relating to such questionable ownership to any interested person.

(f) Investigative employees: All employees of the Packers and Stockyards Administration assigned to or responsible for investigations in the enforcement of the Packers and Stockyards Act,

1921, as amended (7 U.S.C. 181 et seq.) or the enforcement of the Truth in Lending Act (15 U.S.C. 1601-1665) with respect to any activities subject to the Packers and Stockyards Act, 1921, as amended or any other Act with respect to any civil defense or defense mobilization activities assigned to the Administration, are hereby individually delegated authority under the Act of January 31, 1925, 43 Stat. 803, 7 U.S.C. 2217, to administer to or take from any person an oath, affirmation, or affidavit whenever such oath, affirmation, or affidavit is for use in any prosecution or proceeding under or in the enforcement of the aforementioned Acts. This authority may not be redelegated and will automatically expire upon the termination of the employment of such employee with the Packers and Stockyards Administration.

(g) Concurrent authority and responsibility to the Administrator: No delegation prescribed herein shall preclude the Administrator or Associate Administrator from exercising any of the powers or functions or from performing any of the duties conferred upon them, and any such delegation is subject at all times to withdrawal or amendment by the Administrator or Associate Administrator or the Division Director responsible for the function involved. The officials to whom authority is delegated herein shall (1) maintain close working relationships with the Division Directors and Administrator or Associate Administrator, as the case may be, (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 or offices of the Packers and Stockyards Administration, or other Governmental or private organizations or groups.

(h) All prior delegations and redelegations of authority relating to any function or activity covered by these 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 assignment of functions.

(i) Reservations of authority: There is hereby reserved to the Administrator and Associate Administrator the author

ity with respect to proposed rule making and final action for the issuance of regulations (§ 201.1 of this chapter et seq.), rules of practice governing proceedings (§ 202.1 of this chapter et seq.) and statements of general policy (§ 203.1 of this chapter et seq.), and the issuance of moving papers as prescribed in the rules of practice, under the Packers and Stockyards Act, 1921, as amended; and the authority to make final determinations in accordance with the provisions of 7 CFR Part 1, Subpart A, as to the availability of official records and information made or obtained in connection with the administration of the Packers and Stockyards Act which are considered exempt from disclosure under § 204.9. [35 F.R. 18263, Dec. 1, 1970]

§ 204.4 Availability of staff manuals, instructions, and certain other material.

P&SA will make available for public inspection and copying its administrative staff manuals and instructions to staff affecting any member of the public and all other records of P&SA within the scope of 5 U.S.C. 552(a) (2), except those exempt from disclosure pursuant to the provisions of 5 U.S.C. 552(b).

[32 F.R. 9636, July 4, 1967. Redesignated at 35 F.R. 18263, Dec. 1, 1970]

P&SA will maintain and make available for public inspection and copying a current index providing identifying information for staff manuals and instructions and other records made available pursuant to § 204.4.

[32 F.R. 9636, July 4, 1967, as redesignated and amended at 35 F.R. 18263, 18264, Dec. 1, 1970]

§ 204.6 Facilities for inspection; copies.

Facilities for public inspection and copying of the material made available pursuant to §§ 204.4 and 204.5 will be provided upon request to the Executive Assistant to the Administrator, Packers and Stockyards Administration, Room 3052, South Building, U.S. Department of Agriculture, Washington, D.C. Copies of such material may also be obtained in person or by mail. Applicable fees will be charged for making copies as prescribed by the Director, Office of Plant and Operations, Department of Agriculture. [32 F.R. 9636, July 4, 1967, as redesignated and amended at 35 F.R. 18263, 18264, Dec. 1, 1970]

§ 204.7 Requests for identifiable records.

Requests for P&SA records, pursuant to 5 U.S.C. 552 (a) (3), shall (a) be made in writing to the Executive Assistant to the Administrator, Packers and Stockyards Administration, South Building, Room 3052, U.S. Department of Agriculture, Washington, D.C. 20250, and (b) identify each record sought with reasonable specificity. Requests may be submitted in person or by mail. Requests may be submitted in person during regular hours of business.

[32 FR. 9636, July 4, 1967. Redesignated at 35 F.R. 18263, Dec. 1, 1970]

§ 204.8 Available records.

P&SA will promptly make available all P&SA records requested in accordance with $204.7 except exempt records as described in § 204.9.

132 FR. 9636, July 4. 1967, as amended at 35 F.R. 18264, Dec. 1, 1970]

Exempt records of P&SA include the following:

(a) Matters that are related solely to the internal personnel rules and practices of the Agency.

(b) Matters that are specifically exempted from disclosure by statute (15 U.S.C. 50; 7 U.S.C. 222, 218c).

(c) Matters that are trade secrets and commercial or financial information obtained from any person and privileged or confidential. Among P&SA records in this class are those which consist of or contain information submitted or obtained in annual or special reports required by authority in the Act.

(d) Matters that are intra-agency or or letters interagency memorandums which would not be available by law to a party other than an agency in litigation with the Department. Among P&SA records in this class are those which consist of intra-agency or interagency memorandums or letters containing opinions, estimates, judgments, recommendations, or reports of internal deliberations relating to the compliance of the operations of a person or firm subject to the Act with its provisions. Examples of such memorandums or letters are those expressing opinions regarding or evaluating the solvency or trade practices of persons and firms subject to the Act, or recommending investigative methods with respect to them.

tor of the Packers and Stockyards Administration. The appeal shall be made in writing within 15 days of the date of the Executive Assistant's notice of his action. The Administrator or Associate Administrator will give written notice of P&SA's final determination.

[32 F.R. 9636, July 4, 1967, as amended at 35 F.R. 18264, Dec. 1, 1970]

§ 204.12 Inspection and copies.

A person who has requested available records pursuant to 5 U.S.C. 522(a) (3) and § 204.7 shall be promptly notified that, upon payment of applicable fees, he may inspect and copy such records, and purchase copies or extracts thereof, in the office of the Executive Assistant to the Administrator, or business days from 9:30 a.m. to 5 p.m. Copies of such records may also be purchased by mail. Applicable fees will be charged for making copies and for other services incidental to making the records available as prescribed by the Director, Office of Plant and Operations, Department of Agriculture.

[32 F.R. 9636, July 4, 1967, as amended at 35 F.R. 18264, Dec. 1, 1970]