FEHE EIiISTEIINUMBER 32

Washington, Thursday, February 14, 1952

TITLE 6--AGRICULTURAL CREDITChapter Ill-Farmers Home Adminis-

tration, Department of AgricultureSubchopler B-Farm Ownership LoansA mT 331-1PaocssnG DiREcr TLOANS

SuBPART A--CouNxY OrrICE ROMrnMsFARM OWNERSHIP LOANS TO HOMESTAD

ENTRYMEN

In order to make the procedure for de-ferring initial installments set forth in§ 331.3a, Title 6, Code of Federal Regula-tions (16 F. R. 10920), applicable to di-rect Farm Ownership loans made tohomestead entrymen and to owners ofnewly irrigated farms within Federalreclamation projects, §§ 331.12 and 331.-13, title 6, Code of Federal Regulations(15 V .R. 5869). are amerided to read asfollows:_ § 331.12 G e n e C a I (a) Authority.

Public Law 361, 81st Congress, authorizesthe making of direct Farm Ownershiploans to eligible homestead entrymen onunpatented public lands, including pub-lie land within Federal reclamation proj-ects and in Alaska, for any purposeauthorized by and in accordance with theprovisions of title I of the Bankhead-Jones Farm Tenant Act, as amended.

(b) Deftnition of term. "Federal Rec-lamation Project!" For the purpose ofthis section and § 331.13, the term '"ed-eral reclamation project" will mean anyFederal reclamation project authorizedby the reclamation law.(c) Cooperation between the Depart-

ment of -AgricuZture and the Departmentof the Interior. The extension of finan-cial assistance authorized in paragraph(a) of this section will -be facilitatedthrough the cooperation of the FarmersHome Administration, the Bureau ofLand Management, and the Bureau ofReclamation.

(d) Extent of ftnancial assistance.Consistent with Farm Ownership policy,loans to homestead entrymen will in-clude sufficient funds to put the farm inlivable and operable ondition at theoutset, to provide needed water facilities,and, when-necessary, to provide for re-financing () the outstanding balances

of any existing mortgages against entry-man's interests In the farm, (2) any con-struction or operation and maintenancecharges, or irrigation district chargesagainst the land which are due at thetime of loan closing (3) the outstandingbalance of any land leveling contractbetween the entryman and the Bureauof Reclamation, and (4) any taxes legallyassessed against the farms which are dueat the time of loan closing. If any Itemsother than those specified above are tobe refinanced, the prior approval of theAdministrator will be required on anindividual case basis.

(e) Deferment O1 first installment.When a-Farm Ownership loan is madeto a homestead entryman, the first in-stallment on the loan may be deferred Inaccordance with the provisions of§ 331.3a.

§ 331.13 Loan processing. ElistingFarm -Ownership policies, procedures,and loan approval authorities pertainingto the processing of direct Farm Owner-ship loans will be compiled with exceptas follows:(a) Applications - (1) Applications

from homestead entrymennot in Federalreclamation project. An application fora Farm Ownership loan from a home-stead entryman entering public land notwithin a Federal reclamation project willbe considered only after the entrymanhas selected a farm and received hisallowance of entry from the Bureau ofLand Management. The original docu-ment showing allowance of entry mustbe attached to Form FHA-197, "Applica-tion for FHA Services."

(2) Applications from homestead en-trjman in a Federal reclamation project.An application for a Farm Ownershiploan from a homestead entryman enter-ing public land within a Federal recla-mation project will not be considereduntil after the entryman has received acertificate of eligibility from the Bureauof Reclamation and has selected a farm.If at the time of making applicationsfor a Farm Ownership loan the entry-man has received his allowance of entryfrom the Bureau of Land Management.,he will attach the original of such docu-

(ContinUed on p. 1411)

CONTENTSAgriculture Department PageSee Animal Industry, Bureau of;

Commodity Credit Corporation;Farmers Home Administration;Production and Marketing- Ad-ministration.

Alien Property, Office ofNotices:

Veatl orders, etc.:Aue. Helene, et al 1451Becker. Bernhardine.... 1449Bopp, Elzabeth_ ... 1450Braeunlnger . William ... 1455Decker, Natale -..... 1452Goetzer. Anton ........ 1450Kasblwabara, Yonejlro .... 1450Lorenz, Richard Otto, et al 1453Plcchletti, Lucia Vannoni,

et al. 1455'Schultz, Joaan ....----- 1451Slemssen, Ellen, et al-..... 1455Steloke, Serafin ....... 1453Uhrlaub, L 1454-Unknown designated enemy

nationals - .. ._ 1454Unknown German nationals. 1452

Animal Industry BureauProposed rule making:

MSeat. imported, meat food prod-uct, and meat byproduct;Federal Republic of Germany(Western German States)-- 1427

Coinmerce DepartmentSee International Trade, Oice of.Commodity Credit CorporationNotices:

Sales of certain commodities at;fixed prices; February domes-tic and export price list.... 1431

Customs BureauNotices:

Tariff classifications; Bar leDue 1423

Economic Stabilization AgencySee Price Stabilization, Offlce of;

Wage Stabilization Board.Farmers Home AdministrationRules and rezulations:

Farm ownership loans, process-ng direct loans; to homesteadentrYe ---- ...... 1409

1409

RULES AND REGULATIONS

FEREMZk RMEGISTEII

Published daily, except Sundays, Mondays,and days following official Federal holidays,by the Federal Register Division, NationalArchives and Records Service, General Serv-ices Administration, pursuant to the au-thority contained in the Federal RegisterAct, approved July 26, 1935 (49 Stat. 500, asamended; 44 U. S. C., cl 8B), under regula-tions prescribed by the Administrative Com-mittee of the Federal Register, approved bythe President. Distribution is made only bythe Superintendent of Documents, Govern-ment Printing Office, Washington 25, D. C.

The regulatory material appearing hereinis keyed to the Code of Federal ReguIations,which is published, under 50 titles, pursuantto section 11 of the Federal Register Act, asamended June 19, 1937.

The FEDERAL REGISTER will be furnished by

mail to subscribers, free of postage, for $1.50per month or $15.00 per year, payable inadvance. The charge for individual copies(minimum 15") varies in proportion to thesize of the issue. Remit check or moneyorder, made payable to the Superintendentof Documents, directly to the GovernmentPrinting Office, Washington 25, D. C.

There are no restrictions on the republica-tion of material appearing in the FEmRAREGISTER.

3

Now Available 1HANDBOOK OF EMERGENCY

DEFENSE ACTIVITIESOCTOBER 1951-MARCH 1952 EDITION.

Published by the Federal Register Division,the National Archives and Records Service,

General Services Administration

125 PAGES-30 CENTS

Order from Superintendent of Documents,United States Government Printing Office,

Washington 25, D. C.

CONTENTS-ContinuedFederal Power Commission PageNotices:

Hearings, etc.:Arizona Edison: Co,., Inc --- 1445Central Arizona Light and

Power Co -------------- 1445Department of the Interior

and Southwestern PowerAdministration ------ 1443

Lone Star Gas Co --------- 1446Maine Public Service Co--_- 1444Nevada Natural Gas Pipe Line

Co ----------------------. 1445Ohio Fuel Gas Co --------- 1444Texas Eastern Transmission

Corp. and Southern NaturalGAs Co ------------------ 1445

United Gas Pipe Line Co --- 1444Federal Reserve SystemRules and regulations:

Consumer credit verification -ofOPS ceiling price ------------ 424

CONTENTS--ContinuedFederal Security Agency PageSee Food and Drug. Administra-

tion.Food and Drug AdministrationRules and regulatiofis:

Certification of batches of anti-biotic and antibiotic-con-taining drugs; miscellaneousamendments ------ - ------- 1419

Foreign and Domestic Com-merce Bureau

See International Trade, Office of.Housing and Home Finance

AgencyRules and regulations:

Geographical description ofcritical defense housing areas;miscellaneous amendments. -1425

Indian Affairs Bureau*Rules and regulations:

Grazing; general grazing regu-lations -------------------- 1420

'Interior DepartmentSee also Indian Affairs, Bureau of;

International Trade, Office of;Land Management, Office of.

Rules and regula'tions: 'Practitioners; Committee on

practitioners .........--------- 1425Internal Revenue BureauRules a'nd regulations:

Excise taxes on sales by manu-facturers; firearms, shells andcartridges purchased withfunds appropriated for mili-tary departments ---------- 1422

Income tax, taxable years be-- ginning after Dec. 31, 1941;

definition-of capital assets -and to certain short sales ofcapital assets ------------- 1420

International Trade, Office ofRules and regulations:

Amendments, extensions, trans-fer ---- -------------------- 1417

Licensing policies and relatedspecial provisions ---.------- 1417

Priority ratings and supply as-'sistance assigned by OIT-.... 141T

Interstate Commerce Commis-sion

Notices:Applications for relief:

Asphalt from southwesternand mid-continent originsto Illinois, Indiana, andWisconsin ...------------- 1430

Cryolite" from Natrona, Pa.,to Gregory, Tex ----------- 1430

Petroleum from Wyoming toNorth Dakota ----------- 1431

Seed from Colorado to Iowa-- 1430Sorghum grains between

western trunk line points-. 1430Jiustice DepartmentSee Alien Property, Office of.Labor DepartmentSee Wage and Hour Department.

CONTENTS--ContinuedLand Management, Bureau of PagoNotices:

Alaska; shorespace restoration. 1429Rules dnd regulations:

California; transfer- of landsfrom Shasta National Forestto Modoc National Forest,from Modoc National Forestto Shasta National Forest andfrom Shasta National Forestto Klamath National Forest.. 1425

Rights-of-way for canals,ditches, reservoirs, water pipelines, telephone and telegraphlines, tramroads, roads andhighways, oil and gas pipelines,etc.; statutory authority --- 1425

Price Stabilization, Office ofNotices:

Ceiling prices at retail:Alexandria Bedding Co .----- 1433Anson, Inc ---------------- 1441Chittenden & Eastman Co .... 1440Crown-Rest Bedding Co --- 1435Edmont Mfg. Co ---------- 1439Enterprise Mfg. Co --------- 1437Grand Rapids Bedding Co._. 1434Johnson Brothers --------- 1433Orco Products, Inc --------- 1438Volupte, Inc --------------- 1430

Chrysler Corp., Artemp Divi-sion; ceiling prices for sales ofoptional five year warranty;packed air conditiondr com-pressor -------------------- 1442

Directors of District offices, re-delegation of authority:

Region VI; act on applica-tions for ceiling prices, andto 'process reports of ceilingprices filed ------------- -1432

Region IX:Act on applications for ceil-

ing prices and to processreports of ceiling pricesfiled ------------------ 1432

Act under Coln 24 ------- 1432Region XII; act under SR 61

of GCPR ---------------- 1432Region =III:

Act on applications for ceil-ing prices and to processreports of ceiling pricesfiled ------------------ 1433

Act under CPR 25, revised. 1432Establish ceiling prices-.... 1433

Rules and regulations:Manufacturers general ceiling

price regulation; modifica-tions and alternative provi-sions for manufacturers ofchemicals, miscellaneous -changes (CPR 22, SH 7).... 1423

Productioncand Marketing Ad-ministration

Proposed rule making:Milk handling In Detroit, Mich,,

marketing area ----------- 1427Rules and regulations:

Grapefruit grown In Arizona,Imperial County, Calif., andIn that part of RiversideCounty, Calif., situated southand east of the San Gor-gonio Pass; recodificatlon... 1412

1410

Thursday, February 14, 1952

CONTENTS--Continued

Production ahca Marketing Ad- Pageministration-Continued

Rules and regulations-ContinuedPeanuts; county acreage allot-

ments for 1952 crop -------- 1411Potatoes, Irish, grown in cer-

tain designated counties inIdaho and Malheur County,Oreg.; termination of limita-tion of shipments ---------- 1417

Securities and Exchange Com-mission

lNotices: -Hearings:

American Gas and ElectricCo. and Indiana & Mich-igan Electric Co - .------- 1448

General Gas & Electric Corp.et al 1446

Mystic Power Co ---------- 1447Narragansett Electric Co .... 1447United States & International

Securities Corp --------.-- 1448Treasury DepartmentSee Customs Bureau; Internal

Revenue Bureau.Wage and Hour DivisionNotices:

L Learner employment certifi-cates; issuance to variousindustries_ ----------- 1429

Wage Stabilization BoardNotices:

Delegation of- authority toRegional Boards ----------- 1443

CODIFICATION GUIDEA numerical list of the parts of the Code

of Federal Regulations affected by documentspublished in this issue. Proposed rules, asopposed to final actions, are identified assuch.

Title 6 PageChapter III:

Part 331 ------------------- 1409

Title 7Chapter VII:

-Part 729- ------------------- 1411Chapter IX:

Part 924 (proposed) ----- 1427Part 955 ------------------. 1412Part 957 --------------...... 1417

Title 9Chapter I:Part 27 (proposed) ----------- 1427

Title 15Chapter I:Parf 373--------------------- 1417Part 380 ------------------- 1417Part 398 ------------------ 1417

Title 21Chapter I:

Part. 146 ------------------- 1419Title 25Chapter I:

Part 71 ----------- ... - __ 1420Title 26Chapter I:

Part 29 -----......-------- 1420Part 316 ------------------- 1422

CODIFICATION GUIDE-Con.

Title 32AChapter III (OPS):

CPR 22, SR, - -----Chapter XV CFRS):

Reg. W, Int. 47-Reg. W, Int. 48 ....Reg. W, Int. 49

Chapter XVII CHEHFA):CR 3---------------

Title 43Subtitle A:

Part I-----------------Chapter I:

Part 244 ---------------Appendix (Public land orders):

804-.. ------------

pao

1423

142414241424

1425

1425

1425

1425

ment to Form FA-197. If the entry-man has not yet received his allowanceof entry, a copy of his certificate of eli-gibility must be attached to Form FHA-197. However, the Farm Ownership loandocket will not be submitted to the StateField Representative for approval untilthe original document showing allow-ance of entry has been received from theapplicant and placed in the loan docket.

(3) Supplemdntal information on ap-plicant. At the time of making appli-cation for a Farm Ownership loan, thehomestead entryman will authorize theFarmers Home Administration in writ-ing to secure from the Bureau of LandManagement or the Bureau of Reclama-tion any available Information concern-ing his application for homestead or rec-lamation entry which may be used bythe Farmers Home Administration indetermining his eligibilty for a FarmOwnership loan. This information willbe treated as confidential by the Farm-ers Home Administration.

(b) Docket development. Loandocket forms will be prepared in ac-cordance with this part.

(c) Title clearance. The entrymanapplicant will be required to furnish andpay for a certified statement preparedby a qualified title examiner or ab-stracter which will include findings withrespect to any outstanding land levelingcontracts and any other claims of any

0 kind on record against the entry. Thiscertified statement will be included inthe loan docket. When there is an out-standing land leveling contract, theapplicant's copy of such contract alsowill.be included in the loan docket andmarked for return to the County Super-visor.

(d) Loan closing. Farm Ownershiploans to homestead entrymen will beclosed in general accordance with§§ 331.3a and 331.11. Special mortgageforms will be received with the closinginstructions from the representative ofthe Office of the Solicitor.(Sec. 41 (1), 60 Stat. 10G6; 7 U. S. C. 1015(i). Interprets or appUes Eecs. 1 (a). 3 (b),44 (b), 48, 54, 60 Stat. 1072, 1074, 10G9. 1070,1071, sec. 1, 62 Stat. 534, sec. 1, Pub. Lat361, 81st Cong., 63 Stat. 883, cec. 4, Pub. Law123, 82d Cong.; 7U. S. C. 1001 (a), 1003 (b),1018 (b), 1022, 1028, lOOa)

D- vATo:: § 1331.12 and 331.13 containedin Order, Administrator dated January 21,1952.

rSnALJ DILLARD B. ILEZssERs,Administrator,

Farmers Home Administration.

JAr.UARY 21, 1952.Approved: February 8,1952.

CHARLES F. BauNNANr,Secretary of Agriculture.

iF. R. Doc. 52-1812; Filed, Feb. 13. 1952;8:54 a. m.]

TITLE 7-AGRICULTUREChapter VII-Productioi and Mar-

keting Administration (AgriculturalAdjustment), Department of Agri-culture

PART 729-PZ U-TsCOUN Y ACP.E.IO ALLOTIENT T Fr THE 1952

CnOP; GEOOGIA

Basis and purpose. Section 358 (e> ofthe Agricultural Adjistment Act of 1938,as amended (7 U. S. C. 1358 (e)), pro-vides that the Secretary of Agriculturemay, if the State Production and Mar-keting Administration Committee recom-mends such action and the Secretary de-termines that such action will facilitatethe effective administration of the pro-visions of the act, provide for the appor-tionment of the State acreage allotmentamong the counties in the State on: thebasis of the Past acreage of peanuts har-vested for nuts (excluding acreage in ex-cess of farm allotments) in the countyduring the five years immediately pre-ceding the year in which such apportion-ment Is made, with such adjustments asare deemed necessary for abnormal con-ditions affecting acreage, for trends inacreage, and for additional allotmentsfor types of peanuts in short supply un-der the provisions of section 358 (c) ofthe act. The State Production and Mar-keting Administration Committee for theState of Georgia has recommended thatthe 1952 State peanut acreage allotmentheretofore established (16 F. R. 11991)be apportioned among the peanut-pro-ducing counties in the State pursuant tothe provisions of section 358 (e) of theact. It is hereby determined that ap-portionment of the 1952 Georgia peanutacreage allotment among the countiesin the State will facilitate the effectiveadministration of the provisions of theact, and the purpose of this document isto announce such apportionment.

The recommendation of the GeorgiaState Production and Marketing Admin-istration Committee to apportion the1952 State peanut acreage allotmentamong the counties was made after-dueconsideration of such data, views, andrecommendations as were received pur-suant to public notice (16 F. R. 10397)given In accordance with the Admims-trative Procedure Act (5 U. S. C. 1003),and the determinations made hereinwere made on the basis of the latestavailable statistics of the Federal Gov-ernment. Peanut farmers in Georgia

1411FEDERAL REGISTER

1412

are now making plans for the productionof peanuts in 1952. In order that the.State and county Production and Mar-keting Administration committees mayestablish farm acreage allotments andIssue notices thereof to farm operators atthe earliest possible date, it is essentialthat county acreage allotments for thecounties in Georgia be made effective assoon as possible. Accordingly, it ishereby determined and found that com-pliance with the 30-day effdctive dateprovision of the Administrative Proce-dure Act is Impracticable and contrary tothe public interest, and the county acre-age allotments contained herein shall beeffective upon filing of the documentwith the Director, Division of the Federal,Register.

Section 729.304 of the proclamation of1952 6ounty peanut acreage allotments,issued January 3, 1952 (17 F. R. 110), isamended by adding the following:

GEORGIA1952 county

County: acreage allotmentAppling ---------------------- 634.0Atkinson --------------------- 201.0Bacon ------------------------ 23.0Baker ---------------------- 14,762.0Baldwin ---------------------- 86.0Bartow ----------------------- 36.0Ben Hill ---------------------- 6,838.0Berrien ---------------------- 1,997. 0Bibb ------------------------- 54.0Bleckley --------------------- 2,885.0Brooks ---------------------- 5,174.0Bryan --------- -------------- 327.0Bulloch --------------------- 13, 020.0Burke ----------------------- 9,887.0Calhoun -, ------------------ 16, 646.0Candler --------------------- 1,581.0Chatham ---------------------- 2.5Chattahoochee ---------------- 877.0Clay ----------------------- 12,074. 0Coffee ----------------------- 3,337.0Colquitt --------------------- 9,376. 0Columbia -------------------- 16.0Cook ----------------------- 1,480.0Coweta ----------------------- -3.9Crawford --------------------- 364.0Crisp ----------------------. 13, 965.oDade ------------------------- 2.6Decatur -------------------- 16,413.0Dodge ----------------------- 8,047.0Dooly ---------------------- 18: 783.'0Dougherty -------------------- 6,801.0Early ---------------------- 3 83,272.6Echols ----------------------- 1.9Efilngham -------------------- 598.0Emanuel --------------------- 3,786.0Evans ----------- ------------- 712.0Fayette ----------------------- 4. 6

#Fulton ----------------------- 8.3Glascock --------------------- 920. 0.,Grady ------------------------ 8,597.0Gwinnett --------------------- 1.9Hancock ---------------------- 69. 0Harris ----------------------- 70.0Henry ------------------------ 1.6Houston --------------------- 7,510.0Irwin ---------------------- 14, 986.0Jeff Davis -------------------- 173.0Jefferson -------------------- 5,256.0Jenkins --------------------- 3.587.0Johnson --------------------- 1,495.0Jones ------------------------- 6.4Lamar ----------------------- 5.1Lanier ------------------------- 7.2Laurens -------------------- 1 0, 044.0Lee ------------------------ 15,917.0Lowndes ---------------- ---- 944 0MeDuife ----------------------- 26.0Macon ---------------------- 6, 735,0Marion ---------------------- 4,178.0Miller .--------------------- 19, 652.0Mitchell-------------------- 20.902.0

RECODIFICATION

In accordance with the revised Fed-eral Register Regulations (1 CFR Part1), the format of the order, as amended,(Order No. 55, 6 F. R. 2555; "14 F. R.6803; 7 CFR Part 955) of the Secretaryof Agriculture, regulating the handlingof grapefruit grown in Arizona; Im-perial County, California, and in thatpart of Riverside County, California,situated South and East of the San Gor-gonio Pass (including the requisite find-ings set forth therein), and the formatof the committee Rules and Regula-tions (13 F. R. 493; 7 CFR Part 955)adopted pursuant thereto with the ap-proval of the Secretary of Agriculture,are reendlfled as hereinafter set forth.

RULES AND -REGULATIONS

GEORGA--Continued -"

1952 countyCounty: acreage allotment

Monroe ----------------------- 2.3Montgomery .- - 1, 534. 0Muscogee --------------------- 57.0Newton ------------ ---------- 1 S7. 0Peach ........ : --------------- 1,278.0Pierce ------------------------ 8.9Pulaski --------------------- 1 10,067.0Quitman -------------------- 4,525.0Randolph ------------------- 22,386.0'Richmond ----------- -------- 1,022.0Schley ------- --------------- 3,437.0Screven --------------------- 5,746.0Seminole ------------------- 12,759.0Stewart .----------------------- 9,145.0Sumter ..--------------------- 16,823.0Talbot ------------------------ 392.0Tattnall ----- w---------------- 1,260.0Taylor -------------------- 2,874.0Telfair ----------------------- 4, 154.0Terrell ----- ----------------- 22,958.0Thomas --------------------- 5,644.0T-ft -------------------------- 12,437.0Toombs ---------- .----------- 2,297.0Treutlen --------------------- 218.0Turner --------------------- 19,487.0Twiggs ---------------------- 2,190.0Upson ----------------------- 18.0Ware ------------------------- 1.8Warren ..... 113.0Washington ------------------ 3,443.0Wayne ----------------------- 11.0Webster --------------------- 9, 65. 0Wheeler .--------------------- 1,170.0Wilcox . ---- ..-..------- 12,970.0Wilkinson -------- ----------- 1,207.0Worth ------------ --------- 29,194. 0

State total -------------- 545, 171.0

(See. 375, 52 Stat. 66, as amended; 7 U. S. C.1375. Interprets or applies sec. 358, 52 Stat.62, as amended; 7 U. S. C. 1358) --

Issued at Washington, D. C., this 11thday of February 1952. Witness my handand the sealof the Department of Agri-culture.

ESALI CHARLES F. BRANNAN,Secretary of Agriculture.

[F. R. Doec. 52-1856; Filed, Feb. 13, 1952;8:52 a. m.]

Chapter IX-Production and Mar-keting Administration (MarketingAgreements and Orders), Depart-ment of Agriculture 0

PART 955-GRAPEFRIT GROWN IN ARI-ZONA: IN IMPERIAL COUNTY, CALIF., ANDIN THAT PART oy RIVERSIDE COUNTY,CALIF., SITUATED SOUTH AND EAST OFTHE- SA T GORGONIO PASS

955.1955.2955,3955.4955.5955.6955.7955.8955.9955.10955.11

955.20955.21955.22955.23955.24955.25955.26955.27955.28955.29955.30955.31

955.40955.41955.42955.43

955.50955.51

955.52

955.53955.54955.55

955.60955.61955.62

955.70955.71955.72955.73955.74955.75

Secretary.Act.Person.Fruit.District.Producer.Handler.Ship.Standard box.Fiscal period,Variety.

ADMINISTRATIVE COMMITTEE!

Establishment and membership,Nomination.Selection.Failure to nominate.Acceptance.Alternate members.Vacancies.Powers.Duties.Compensation and expenses.Obligation.Procedure.

EXPENSES AND ASSESSMENTS

Expenses.Assessments,Accounting.Funds.

REGULATIONS

Marketing policy.Recomniendations for grade and size

regulation.Recommendation for regulation by

minimum standards of quality andmaturity.

Issuance of regulation.Notice of meeting.Inspection and certification.

REPORTS

Shipping manifest report,Disposition report,Other reports.

MIScLANEOUS PROVISIONS

Fruit not subject to regulation.oCompliance.Right of the Secretary.Effective time.Termination,Proceedings after termination,

To facilitate cross reference betweenthe aforesaid order and the marketingagreement and to obviate possible diffi-culties In future amendatory proceed-ings, the provisions of Marketing Agree-ment No. 96 shall be renumbered andthe section headings redesignated toconform to the recodifled order. Theprovisions of the said marketing agree-ment which are not contained in theorder shall be renumbered as follows:§§ 955.90 Amendments; 955.91 Counter-parts; 955.92' Additional parties; and955.93 Order with marketing agreement.

This recasting of the format and re-codification Is not intended, nor shallit be deemed, to make any substantivechange In the provisions of the aforesaidorder of the Secretary, the aforesaidmarketing agreement, and the, afore-said committee regulations.

Done at Washington, D. C., this l1thday of February 1952.

[SEAL] CHARLES F. BRANNAN,Secretary of Agriculture,

SUBPART-ORDER RELATIVE TO HANDIANO

INDINoS *AND DETERMINATIONSSec.955.0 Findings and determinations.

DEFINIITIONS

Thursday, February 14, 1952

See.955.76955.77955.78a955.79

.955.80

Duration of immunities.Agents. -Derogation.Personal liabIlity.Separability.

SUBpART-RULES An REGULAZ

955.120 General. -955.130 Definitions.955.160 Reports.955.170 1'ruit not subject to regul

Auromrv: § 955.0 to 955.170 Isder sec. 5,49 Stat. 753, as amended;and Sup. 608c.SuBPART-ORDER R ATivE To

Somc: §§ 955.0- to 955.80 contOrder 55, 6 P. R. 2555; 14 F. R. 6803

PF INGS AND DL"EBUn oATI

§ 955.0 'Findings and deternThe findings and determinationsafter set forth are supplementaraddition, to the findings and deltions made in connection withtance of this order; and all of saous findings and determinatihereby ratified and affrmed, excfar as -such findings and.deternmay be in conflict with the finddeterminations set forth hereioriginal findings and determinalative to issuance Order No. 55 se2555).

(a) Findings upon the basihearing record. Pursuant to tcultural Marketing Agreement1937, as amended (48 Stat. 31, aed; 7 U. S. C. -601 et seq.), h]referred to as the "act," and thepractice and procedure, as agoverning proceedings to formulketing agreements and marketi(7 CFR Part 900),.a public heaheld at Phoenix, Arizona, begiDecember 13, 1948, and at CCalifornia, beginning on Deco1948, upon proposed amendmenmarketing agreement and to C55 (7 CFR Part 955), regulahandling of grapefruit growvhninof Arizona; in Imperial County,nia; and in that part of RiversidCalifornia, situated south and eSan Gorgonio Pass. Upon thethe evidence introduced at suchand the record thereof, it is fou

(1) The said order as herebyand all of the terms and cthereof will tend to effectuateclared policy of the act;

(2) The said order as herebyregulates the handling of ggrown in the State of Arizonaperial -County, California; andpart of Riverside County, Csituated south and east of thegonio Pass, in the same manneis applicable only to personrespective classes of industcommercial activity specifiedmarketing agreement and theamendments thereto upon whings have been held;

(3) The said order as herebyprescribgs, so far as practicadifferent terms as are necessardue r&ognition to the differenduction and marketing of ggrown in the State of Arizonaperial County, California; ani

part of Riverside County, California,situated south and east of the San Gor-gonio Pass; and

(4) The said order as hereby amendedis limited in its application to the small-est regional production area that is

EoNS practicable, consistently with carryingout the declared policy of the act; andthe issuance of several orders applica-

atin. ble to any subdivision of such regionalated - production area would not effectivelyund un- -carry out the declared policy of the act.

7 U. S. . (b) Determinations. It is hereby de-termined that: (1) The agreement

rAlDLNc- amending the marketing agreement,rained in regulating the handling of grapefruit

grown in the State of Arizona; in Im-perial County, California; and in that

NS part of Riverside County, California,inations, situated south and east of the San Gor-herein- gonio Pass, upon which the aforesaid

y, and in public hearing was held, has been exe-termina- cuted by handlers (excluding cooperativethe issu- --associations of producers who were notd previ- engaged in processing, distributing, orons are shipping the grapefruit covered by thiseptinso- order) who, during the period August 1,ninations 1947, to July 31, 1948, both dates Inclu-ings and sive, shipped not less than 80 percentin. (For of the volume of grapefruit covered bytions rel- said order, as hereby amended, and pro-ee 6 F.R. duced in the State of California, and'

not less than 50 percent of the grape-of the fruit covered by said order, as hereby

he Agri- amended, and produced in the State ofAct of Arizona;

amend- (2) The Issuance of this order, amend-reinafter Ing the aforesaid order, is favored andrules of approved by at least three-fourths of the

amended, producers who participated in a referen-ate a dum on the question of its approval andng orders who, during the determined representa-ring was tive period (August 1. 1947, to July 31,aning on 1948, both dates inclusive), were en-'oachella, gaged, within the State of California, innber 15, the production for market of-grapefruitLts to the covered by this order, and by at least)rder No. two-thirds of the producers who par-ting the ticipated ina referendum on the questionthe State of its approval and who, during such

Califor- determined representative period, weree County. engaged, within the State of Arizona, inast of the the production for market of grapefruit

basis of covered by this order; andShearing, (3) The Issuance of this order amend-iud that: ing the aforesaid order is approved andamended favored by producers who, during theonditions aforesaid determined representative pe-

the de- riod, produced for market, within theState of-Arizona; in Imperial County.

amended California; and in that part of Riversidexapefruit County, California, situated south and. in ir- east of San Gorgonlo Pass, at leastotwo-I in that thirds (2A) of the volume of grapefruitalifornia, produced for markdt within such pro-San Gor- duction area within the said lierod by.r as, and all producers who participated in saidS in the referendum.rial and it is therefore ordered, That, on and

in the after December 15, 1949, the handling ofproposed grapefruit grown in the Statw of Arizona;ich hear- in Imperial County, California; and in

that part of Riverside County, Califor-amended nia, situated south and east of the San.yto give Gorgonio Pass. shall be in conformity to.ce in pro- and In compliance with, the terms andgrapef-utt conditions of the aforesaid order asa; in Im- hereby amended. Such order, asd in that amended, reads as follows:

DmnrIzONS§955.1 Secretary. "Secretary" means

the Secretary of Agriculture of theUnited States, of America.

§ 955.2 Act. "Act" means the Agi-cultural .farketing Agreement Act of1937. as amended and further amendedby Public Taw 305, 80th Cong., approvedAugust 1, 1947 (48 Stat. 31, as amended;'1U. S. C. 601 et seq.).

§ 9553 Person. "Person" means anindividual, partnership, corporation, as-soclation, legal representative, or anyorganized group of individuals.

§ 955.4 Fruit. "Fruit" means grape-fruit grown in the State of Arizona; inImperial County, California; and in thatpart of Riverside County, California, sit-uated south and east of the San Gor-gonio Pass.

§ 955,5 Ditrict. 'Mistrict," meansany of the following:

(a) '1mperial District", which shallinclude that part of the State of Cali-fornia situated within Imperial County;

(b) "Coachelia District", which shallInclude that part of Riverside Conty.California, situated south and east of theSan Gorgonio Pass;

(c) "Yuma District", which shall in-dude that, part of the State of Arizonasituated within Yuma County; and

(d) "IPhoenix District", which shallinclude that part of fhe State of Arizonawhich is outside of Yuma County.

§ 955.6 Producer. 'Producer" meansany person engaged in the production offrult for market.

§ 955.7 Handler. "Handler":isSY non-ymous with "shipper" and means anyperson (except a common carrier offruit owned by another person) whoships fruit in fresh form.

§ 955.8 Ship. "Ship" means to trans-port, ship, sell, or in any other way toplace fruit in the current of commercebetween the State of California and anypoint outside thereof in the United Statesor In Canada, or between the State ofArizona and any point outside thereofin the United States or in Canada, or soas directly to burden, obstruct, or affectsuch commerce.

§ 955.9 Stadard bor. "Standardbox" means fruit packed in accordancewith the requirements of a standard pack(as such pack is defined in the U. S.Standards for California and ArizonaGrapefruit, Issued May 1, 1937), in a boxwhich has a rigid center partition andhas inside dimensions of 11Y? inches indepth, 114 inches in width, and 23Visinches In length, excluding the daid cen-ter partition. For conversion purposes,a "standard box" shall be consideredequivalent to 65 pounds of fruit, if thefruit is not packed, or if the fruit ispacked in a container which has otherthan the aforesaid dimensions.

§955.0 FiscaZPeriod. 'Tscalpariod'".means the period from August 1 of-anyyear to July 31 of the following year.

§ 955.11 Variety. "Variety" or "vari-eties" means either or both of the follow-ing classification or groupings of fruit

FEDERAL REGISTER

1414

(a) white'seeded grapefruit, and whfeseedless'grapefruit, and (b) pink seededgrapefruit, and pink seedless grapefruit.

ADMUNISTRATIVE COMMITTEE§ 955.20 Establishment and member-

ship. (a) An Administrative Commit-tee, consisting of eight members, is here-by established. There shall be analternate member for each member ofthe committee, who shall have the samequalifications as the member. Each suchmember and alternate member shall bea producer.

(b) The initial members and alternatemembers shall hold office for a term be-ginning on the date designated by theSecretary and ending on July 31, 1942, oruntil their successors are selected andhave qualified. After July 31, 1942, theterm of office of members and alternatemembers shall begin on the first day ofAugust and continue for one year or untiltheir successors are selected and havequalified. The members, alternates, andtheir respective successors shall be nom-inated by producers and selected by theSecretary as provided in §§ 955.21 and955-.22.

§ 955.21 Nomination. (a) The Sec-retary shall cause to be held each year ameeting or meetings of the producers in*each of the several districts, for the pur-pose of making nominations for membersand alternate members of the Ad-inis-trative Committee. The meetings atwhich the initial members and alternatemembers of the said committee are to benominated may be held prior to the effec-tive date of this subpart.

(b) Producers in Arizona shall nomi-nate not less than sixteen producers, atleast eight of whom shall be affiliatedwith cooperative' marketing organiza-tions and -t least eight of whom shallnot be so affiliated, for four membersand four alternate members of the Ad-ministrative Committee. At least-twelveof* such nominees shall be producers inthe Phoenix District, of whom at leastsix shall be affiliated with cooperativemarketing organizations and at least sixshall not be so affiliated. At least fourof such nominees shall be producers inthe Yuma District, of whom at least twoshall be affiliated with cooperative mar-keting organizations and at least twoshall not be so affiliated'

(c) Producers'in the Imperial andCoachella Districts shall nominate notless than sixteen producers, at leasteight of whom shall be affiliated with co-operative marketing organizations -andat least eight of whom shall ifot be soaffiliated, for four members and four al-ternate members of the AdministrativeCommittee. At least eight of such nomi-nees shall be producers in the ImperialDistrict, of whom at least four shall beaffiliated with cooperative marketingorganizations and at least four shallnot be so affiliated. At least eight ofsuch nominees shall be producers'in theCoachella District, of whom at least fourshall be affiliated with cooperative mar-keting organizations and at least foushall not be so affiliated.

(d) In voting for nominees, each pro-ducer shall be entitled to cast one vote,regardless of the number of districts in

RULES AND REGULATIONS

-which he mai be producing fruit, 'which. vote shall be cast on behalf of himself,his agents, partners, subpidiaries, affil-iates, and representatives. Producerswho are affiliated with a cooperativemarketing organization may vote onlyfor nominees who are affiliated with suchorganizations. Producers who are not

- affiliated with cooperative marketing or-ganizations may vote only for nomineeswho are not affiliated with such organi-zations.

(e) For the fiscal period ending July31, 1941, all nominations shall be sub-mitted to the Secretary not later thanfifteen days after the effective date ofthis subpart (May 26, 1941); and for en-suing years, beginning with the first dayof August 1942, all nominations shall be

" submitted to the Secretary on on: beforethe 20th day of July.

§ 955.22 Selection. In selecting themembers and the alternate members ofthe Administrative Committee, the Sec-retary shall select four members andtheir alternates from the nominees se-lected by producers in Arizona. Two of

* such members and their alternates shallbe affiliated with cooperative marketingorganizations; two members and their

- alternates shall not be so affiliated; andone member and his alternate shall beproducers in the Yuma District. The

- Secretary shall select two members andtheir alternates from the nominees se-lected by producers in the' ImperialDistrict and twvo members and theiralternates from the nominees selected byproducers in the Coachella District. Ineach of the Imperial and Coachella Dis-tricts, one member and his alternateshall be affiliated with a cooperative

- marketing organization and one memberand his alternate shall not be so affiliated.

§955.23. Failure to nominate. In theevent nominations are not made pursu-ant to, and within the time specified in,§ 955.21 (e), the Secretary may selectmembers and alternate members, with-out regard to nominations, from the in-dividuals who are, or who representmembers of the groups entitled to submitnominations.

§ 955.24 Acceptance. Any person se-lected by the Secretary as a member or asan alternate member of the Administra-tive Committee shall qualify by filing awritten acceptance with the Secretarywithin fifteen days after being notifiedof such selection.

§,955.25 Alternate members. An al-ternate member of the AdministrativeCommittee shall act in the place andstead of the member for whom he is analternate during such member's absence.In the event of the death, removal, res-ignation, or disqualification of a number,his alternate shall act for him until asuccessor of such member is selectedand has qualified.

§ 955.26 Vacancies. To fill any va-cancy occasioned by the failure of anyperson selected as a member or as an al-ternate member of the AdministrativeCommittee to qualify, or in the event ofthe death, removal, resignation, or dis-qualification of any qualified memberor qualified alternate member, a succes-

sor for his unexpired term shall be nom-inated and selected In the manner setforth in §§ 955.21 and 955.22. If nomi-nations to fill any such vacancy are, notmade within twenty days after such va-cancy occurs, the Secretary may fill suchvacancy wlthout-regatd to nominations.

§955.27 Powers. The Administra-tive Committee shall have the followingpowers: (a) To administer, as hereinspecifically provided, the terms and pro-visions of this subpart;

(b) T8 make rules and regulations toeffectuate the terms and provisions, ofthis subpart:

(c) To receive, investigate, and reportto the Secretary complaints of violationsof this subpart; and. (d) To recommend to the Secretaryamendments to this subpart.

§ 955.28 Duties. It shall be the dutyof the Administrative Committee:

(a) To select a chairman from itsmembership, and to select such other of-ficers and adopt such rulep and regula-tions for the conduct of its business asit may deem advisable; ,

(b) To keep minutes, books, and rec-ords which will clearly reflect all of itsacts and transactions, which minutes,books, and records shall at all times besubject to the examination of the Secre-tary; I

(c) To act as intermediary betweenthe Secretary and the producers andhandlers;

(d) To furnish the Secretary with suchavailable information as he may request;

(e) To appoint such employees as Itmay deem necessary and to determinethe salaries and define the duties of suchemployees;

(f) To cause Its books to be auditedby one or more certified public ac-countants at least once for each fiscalperiod, and at such other times as Itdeems necessary or as the Secretary mayrequest, and to file with the Secretarycopies of all audit reports;

(g) To prepare a monthly statementof financial operations of the committeeand to make such reports, together withthe minutes of the meetings of the saidcommittee, available for Inspection byany producder or handler at the office ofthe committee;

(h) To provide an adequate system fordetermining the total crop of fruit, andto make such determinations, includingdeterminations by grade and size, as itmay deem necessary, or as may be pre-scribed by the Secretary, in connectionwith the administration of this subpart;and

(i) To perform such duties in connec-tion with the administration of section32 of the act to amend the AgriculturalAdjustment Act, and for other purposes,Public Act No. 320, 74th Congress, ap-proved August 24, 1935 (49 Stat. 774), asamended, as may from time to time beassigned to It by the Secretary.

§ 955.29 Compensation and expenses.The members of the Administrative Com-mittee, and alternates when acting as;nembers, shall serve without compensa-tion; but they may be reimbursed forexpenses necessarily incurred by them inthe performance of their duties and In

Thursday, February 14, 1952

the exercise of their powers under thissubpart.

§ 955.30 Obligation. Upon the re-moval or expiration of the term of officeof any member-of the AdministrativeCommittee, such member shall accountforall receipts and disbursements anddeliver al property and funds, togetherwith all books and records, in his posses-sion, to his successor in office, and shallexecute such assignments and other in-struments as may be necessary or appro-priate to vest in such successor full titleto all of the property, funds, and claimsvested insuch member pursuant to this.subpart.

§ 955.31 Proceduie. (a) Six mem-bers of the-Administrative Committeeshall be necessary to-constitute a quorumof the committee.

(b) For any decision of the Adminis-trative Committee to be valid, six con-curring votes shall be necessary. Exceptas provided in this section, each mem-ber, or alternate when acting as a mem-ber, must vote in person.

(c) The Administrative Committeeshall give to the Secretary th4e same no-tice of meetings of the committee as isgiven to the members thereof.

(d) The Administrative Committeemay provide fob'voting by telephone,telegraph, or other means; and any suchvote so cast shall be confirmed promptlyin writing.

EXPENSES AND ASSESSMENTS

§ 955.40 Expenses. The Administra-tive Committee is authorized to incursuch expenses as the Secretary finds maybe necessary to carry out theJunctionsof the committee under this subpart dur-ing each fiscal period. The funds tocover such expenses shall be acquiredby the levying of assessments upon han-dlers, as provided in § 955.41.

§ 955.41 Assessments. (a) Each han-dler who first ships fruit shall, with re-SEpect to each such shipment, pay to theAdministrative Committee, upoii de-mand, such handler's pro rata share ofthe expenses which the Secretary findswill be necessarily incurred by the saidcommittee for its maintenance and func-tioning during each scal period. Suchhandler's pro rata share of such expensesshall be equal to the ratio between thetotal quahtity of fruit shipped by suchhandler as the first shipper thereof, dur-ing the applicable fiscal period, and thetotal quantity of fruit shipped by all han-dlers as the first shippers thereof, duringthe same fiscal period. The Secretaryshall fix the rate of assessment to be paidby such handlers.

(b) At any time during or after a fiscalperiod, the Secretary may increase therate of assessment in order to securesufficient funds to cover any later find-ing by the Secretary relative to the ex-penses of the Administrative Committee.Any such increase in the rate of assess-ment shall be applicable to all fruitshipped during the given fiscal period.In order to provide funds to carry out thefunctions of the Administrative Com-mittee, handlersmay make advance pay-ment of- assessments.

§ 955.42 Accounting. (a) If. at theend of the fiscal period, it shall appearthat assessments collected are in excessof expenses incurred, each handier ei-titled to a proportionate refund shall becredited with such refund against theoperations of the following fiscal period,unless he demands payment thereof, inwhich case such sum shall be paid to him.

(b) The Administrative Committeemay, with the approval of the Secretary,maintain in its own name or in the name.of its nembers, a suit against any han-dler for the collection of such handler'spro rata share of expenses.

§ 955.43 Funds. All funds received bythe Administrative Committee pursuantto any provision of this subpart shall beused solely for the purposes specified inthis subpart, and shall be accounted forin the manner provided in this subpart.The Secretary may, at any time, requirethe Administrative Committee and Itsmembers to account for all receipts anddisbursements.

REGULATIONS2955.50 Marketing policy. Before

submitting any recommendation to theSecretary for the regulation of theshipment of any variety of fruit duringany "fiscal period, the AdministrativeCommittee shall prepare a report settingforth a marketing policy with respect tothe shipment of the varieties of fruitwhich the committee deems adilsable forthe current shipping season. Additionalreports shall be submitted, from time totime. In the event that it Is deemed ad-visable to adopt new marketing policiesin view of changed demand and supplyconditions with respect to any varietyof fruit. The Administrative Committeeshall publicly announce the issuance ofany such report and copies thereof shallbe made available for inspection by anyproducer or handler at the office of theAdministrative Committee.

§ 955.51 Recommendations for gradeand size regulation. (a) It shall be theduty of the Administrative Committee toinvestigate the supply and demand con-ditions for grades and sizes of the varie-ties of fruit. Whenever the committeefinds that such conditions make It ad-visable to regulate the shipment of par-ticular grades or sizes of any variety offruit during any period, it shall recomYmend the particular grades or sizesthereof deemed advisable by It to beshipped during such period; and anysuch recommendation may include aproposal that shipments of such varietyto Canada shall be limited to sizes dif-ferent from the proposed size limitationapplicable to shipments of the samevariety in Interstate commerce. There-after, the committee shall promptly re-port such findings and recommendations,together with supporting information, tothe Secretary.

(b) In determining the grades andsizes of any varlety of fruit deemed advis-able to be regulated In view of the pros-pective demand therefor, the committeeshall giv e due consideration to the fol-lowing factors: (1) Market prices, n-cluding market prices by grades and sizesof each variety of fruit; (2) fruit of eachvariety on hand in the market areas, as

evidenced by supplies en route and ontrack atthe principalmarkets; (3) avail-able supply, matuity, and condition ofeach variety of fruit in the producingarea. including the grade and size com-position of each variety of fruit remain-ing in the producing area; (4) suppliesfrom competitive areas producing citrusfruits and other competitive fruit; and(5) trend In consumer income.

§ 955.52 Recommendation for regula-tion by minimum standards of qialityrand maturity. Whenever the Adminis-trative Committee deems it advisable toregulate during any period the shipmentof fruit by establishing minimum stand-ards of quality and maturity, it shall sorecommend to the Secretary. With eachsuch recommendation. the committeeshall submit to the Secretary the infor-mation and data on which such recom-mendation is predicated; and the com-mittee shall also submit to the Secretarysuch other information as he mayrequest.

§ 955.53 Issuance of regulatic. (a)Whenever the Secretary shall find, fromthe recommendation and informationsubmitted by the Administrative Com-mittee or from other available informa-tion, that to limit the shipment of anyvariety or varieties of fruit to particulargrades and sizes thereof wulda tend toeffectuate the declared policy of the act,he shall so limit the shipments of suchvariety or varieties during a specifiedperiod; and any such regulation mayprovide that shipments of such varietyor varieties to Canada shall be limited tosizes different from the size limitationapplicable to shipments of the same vari-ety or varieties in interstate commerce.The Administrative Committee shall beinformed immediately of any such regu-lation issued by the Secretary; and thesaid committee shall promptly give ade-quate notice thereof to handlers.

(b) Whenever the Secretary findsfrom the recommendation and informa-tion submitted by the committee, or fromother available informatioM that to es-tablish and maintain in effect minimumstandards of quality or maturity, or both,for the shipment of fruit during anyperiod would tend to effectuate the de-clared polty of the act and be in thepublic interest, he shall establish suchstandards, designate such period, and solimit the shipment of such fruit. TheSecretary shall immediately notify thecommittee of the issuance of any suchregulation; and the said committee shallpromptly give adequate notice thereof tohandlers.

§ 955.54 Notice of meeting. The Ad-ministrative Committee shall give pub-le notice of at least forty-eight hoursof any meeting to be held for the pur-pose of- makin any recommendationpursuant to §§ 955.51 and 955.52.

§ 955.55 Inspection and certiftcation.During any period in which the Secre-tary has regulated the shipment of anyvariety or varieties of fruit pursuant tothis dection, each handler 4hall, priorto making each shipment of such va-riety or varieties, cause such shipmentto be Inspected by an authorized repre-sentative of the Federal-State Inspec-

1415FEDERAL REGISTER .

1416

tion Service. Promptly thereafter, suchhandler shall submit to the Administra-tive Committee a copy of the inspectioncertificate issued thereon: "Provided,That this provisionshall not be applica-ble to a- handler who ships anj varietyof fruit which has been sp inspected anda copy of such inspection certificate hasbeen submitted to the AdministrativeCommittee.

REPORTS

§ 955.60 Shipping manife.st rep6rt.The Administrative Committee may re-quire information from each handler re-garding the grade, size, and variety ofeach standard box contained In each in-dividual shipment made by such han-dler, and may require such informationto be delivered to the said committeewithin twenty-four hours after suchshipment is made, in such manner asthe said committee may prescribe andupon forms prepared by it.

§ 955.61 Disposition report. The Ad-ministrative Committee may, from timeto time, require each handler to fur-nish the following information withrespect to fruit: (a) Quantity of eachvariety shipped in interstate commerceand to Canada; (b) quantity of each'variety shipped by express and parcelpost; () quantity 'of each varietyshipped for distribution to persons onrelief, including donations for charitablepurposes; (d) quantity of each varietysold for consumption in fresh formwithin the State of origin; (e) quantityof each variety exported to countriesother than Canada; (f) quantity of each-variety sold or otherwise disposed of forcanning or for manufacturing into by-

'products; and (g) quantity of each.variety disposed of otherwise.

§ 955.62 Other reports. Upon re-'quest of the Administrative Committee,made .with the approval of the Secre-tary, every handier shall furnish to suchcommittee, Ifn such manner and at such,times as it prescribes, such other infor-mation as will enable it to perform itsduties and to exercise its powers underthis subpart,

MISCELLANEOUS PROVfSIONS

§ 955.70 Fruit not subjedt to regula-tion. Nothing contained in this subpartshall be construed to authorize any lim-itation of the right of any person to shipfruit (a) by express or parcel post, whenmade in units of five standard boxes orless; or (b) for consumption by chari-table institutions or distribution by re-lief agencies; or (c) for conversion intoby-products; or (d) for export to foreigncountries other than Canada; nor shallany assessmbnt be levied on fruit so.shipped. The Administrative Commit-tee may prescribe adequate safeguards to'prevent fruit shipped for the purposesdesignated in paragraphs (b) and (c)

.of this section, from entering commer-cial fresh .fruit channels of trade con-trary to the provisions of this subpart.The term "by-products"'as used in thissection Includes all processed and manu-factured products of fruit, includingcanned or bottled fruits and fruit juices:

'Provided, That fruit shipped for conver-sion Into fruit juices, without further

RULES AND REGULATIONS

processing or treatment to render thesame bona fide manufactured or proc-essed products, shall be deemed freshfruit and shall .be subject to the provi-sions of this subpart.

§ 955.71 Compliance. Except as pro-vided in this subpart, no handler shallship any variety of fruit, the shipment ofwhich has been prohibited by the Secre-tary in accordance with the provisions ofthis subpart; and no handler shall shipany variety of fruit except in conformityto the.provisions of this subpart.

§ 955.72 Right of the Secretary. The,members of the Administrative Commit-tee (including successors and alternates),and any agent or employ'ee appointed oremployed by the commnIttee, shall be sub-ject to removal or suspension by theSecretary at anytime. Each and everyorder, regulation, decision, determina-tion, or other act of the committee shallbe subject to the continuing right of theSecretary to disapprove of the same atany time. Upon such disapproval, thedisapproved action of the said commit-tee shall-be deemed null and void, except'as to acts done in reliance thereon or incompliance therewith prior to such dis-approval by the Secretary.

§ 955.73 Effective time. The provi-sions of this subpart shall become effec-tive May 26, 1941, and shall continue inforce until terminated in one of the waysspecified in § 955.74.

§ 955.74 Termination. (a) The Sec-retary may, -at any time, terminate theprovisions of this -subpart by giving atleast one day's notice by means of a pressrelease or in hny other manner which he

,may determine.(b) The Secretary may terminate or

suspend the operation of any or all of theprovisions of this subpart whenever hefinds that such provisions do not-tend toeffectuate the declared policy of the act.(c) The Secretary shall terminate the

provisions of this subpart at the endof any fiscal period whenever he findsthat such termination is favored by amajority of producers who, during thepreceding- fiscal period, have been en-gaged in the 'production of fruit formarket: Provided, That such majorityhas, during such period, produced formarket more than fifty percent of thevolume of such fruit produced for mar-ket; -but such termination shall be ef-fective only if announced on or beforeJune 30 of the then current fiscal pe-riod.(d) The provisions of this subpart

shall, in -any event, terminate when-ever the provisions of the act authoriz-ing them cease to be in effect.

§ 955.75 Proceedings alter termina-tion. (a) Upon the termination of theprovisions of this subpart, the thenfunctioning members of the Administra-tive Committee shall continue as trus-tees, -for the purpose of liquidating theaffairs of the said committee, of all thefunds and property in the possession ofor under control of such committee, in-cluding claims for any funds unpaid orproperty not delivered at the time ofsuch termination. Action by said trus-teeship shall require the concurrence ofa majority of the said trustees.

(b) The said trustees shall continueIn such capacity until discharged by theSecretary; shall, from time to time, ac-count for all receipts and disbursementsand deliver all property on hand, to-gether with all books and records of theAdministrative Committee and of thetrustees, to such persons as the Score-tary may direct; and shall, upon requestof the Secretary, execute such assign-ments or'other Instruments necessary orappropriate to vest In such person fulltitle and right to all of the funds, prop-erty, and claims vested in the Adminis.trative Committee or the trustees pur-suant to this section.

(c) Any person to whom funds, prop-erty, or claims have been transferred ordelivered by the Administrative Com-mittee or Its members, pursuant to thissection, shall be subject to the same ob-

"ligations imposed upon the members ofsaid.committee and upon the said trus-

'tees.. § 955.76 Duration of immunities, Thebenefits, privileges, and Immunities con-ferred upon any person by virtue of this

- subpart shall cease upon the termina-tion of this subpart, except with respectto acts done under and during the ex-istence of this subpart.

§ 955.77 Agents. The Secretary may,by designation in writing, name any per-son, including any officer or employee ofthe Government, or name any bureau ordivision In the United States Dephrt-ment of Agriculture, to act as his agent

'or representative In connection with anyof the provisions of this subpart.

§ 955.78 Derogation. Nothing con-tained in this subpart Is, or shall beconstrted to be, in derogation or inmodification of the rights of the Secre-tary or of the United States to exerciseany powers granted lby the act or other-wise, or, in accordance with such powers,to act In the premises whenever suchaction Is deemed advisable.

§ 955.79 Personal liability. No mem-ber or alternate of the AdministrativeCommittee, nor any employee or agentthereof, shall be held personally respon-sible, either individually or jointly withothers, in any way whatsoever, to anyhandler or to any person for errors Injudgment, mistakes, or other' acts, eitherof commission or omission, as such mem-ber, alternate, or employee, except foracts of dishonesty.

§ 955.80 Separability. If any pro-vision of this subpart Is declared In-valid or the applicability thereof to anyperson, circumstance, or thing Is heldinvalid, the validity of the remainderof this subpart, or the applicabilitythereof to any other person, circum-stance, or thing, shall notibe affectedthereby.

SUEPART-RULES AND REGULATIONSSoUc: §§1955.120 to 955.170 appear at 18

F. R. 493.

§ 955.12a( jeneral. Unless otherwiseprovided in the marketing agreementand order or by specific direction of theAdministrative Committee, all reports,applications, submittals, requests, andcommunications In connection with themarketing agreement and order shall bo

Thursday, February 14, 1952

addressed to, and all forms obtainedfrom, Grapefruit Administrative Com-mittee, 503 Security Building, Phoenix,Arizona. -

§ 955.130 Definitions. Terms definedin the marketing agreement and ordershall, when used in this subpart, havethe same meaning as set forth in themarketing agreement and order.

§ 955.160 Reports. The reports re-quired to be submitted by paragraphs (a)and (b) of this section shall cover allgrapefruit shipped during a calendarweek.'

(a) Weekly disposition of grapefruit.(1) Each handler shall furnish the Ad-ministrative Committee, by not later than.,Mnday of each'calendar week, the fol-lowing information on a properly exe-cuted Report of Weekly GrapefruitMovement (Form No. 2), in the mannerprescribed on such form, with respectto all grapefruit handled by such handler,during the immediately preceding calen-dar week:

(i) The date of the last day of the cal-endar week;

(ii) The quantity shipped iniInterstate'commerce, to Canada, and to other for-eign countries;

(iii) The quantity shipped by expressand parcel post;-

(iv) The quantity shipped for distri-bution to -persons on relief, includingdonations for charitable purposes;

(v) The qffantity sold for consumptionin fresh form within the State of origin;

(vi) The quantity sold or otherwisedisposed of for canning or for manulac-turing into by-products; and

(vii) The quantity disposed of other-wise.

(2) With respect to each shipment toa foreign country, as described in sub-paragraph (1) (i) of this paragraph,each handler shall forward promptly tothe Administrative Committee an exe-cuted copy of the bill of lading (if ship-ment was made by water) or an officiallyexecuted copy of such foreign country'slanding certificate, stating that the fruitwas imported from California or Arizonaupon a specified date and that dutythereon has been paid or secured to bepaid; the marks and numbers; the quan-tity; the description of the goods; thedate of entry and number; the placefrom which shipment was made; andthe signature of the Collector of Customs.A receipted railway freight bill paid atdestination point within Canada may besubmitted in lieu of a Canadian landingcertificate.

(b) Shipping manifest report. Eachhandier shall forward to the Adminis-trative Committee with each Report ofWeekly.Gfapefruit Movement (Form No.2), a separate copy of the manifest cover-ing each shipment made during the cal-endar -week of such report. Each suchcopyshall be one of the copies of Mani-fest (Form No. 8) originally issued forthe particular shipment and shal con-tain the following information:

(1) The date of shipment; .(2) Thename ofthehandler;(3) The destination of the shipment;(4) The number of the railroad car or

the truck in which shipment was made;No. 32-2

FEDERAL REGISTER

(5) The number of boxes, by gradesand sizes, of standard ldded pack;

(6) The number of boxes, by gradesand sizes of flat pack;(7) The number of pounds of loosefruit shipped; and

(8) The number of the inspection cer-tificate Issued for the shipment.

§ 955.170 Fruit not subject to regula-tion-(a) Diversion of grapefruit. Eachhandler who diverts grapefruit to a by-products plant, to a charitable institu-tion, or by dumping shall, immediatelyupon such diversion; mail to the admin-istrative Committee the following Infor-mation on a properly executed GrapefruitDiversion Report (Form No. 1), in themanner prescribed on such form:

(1) The date on which the diversionwas made;

(2) The name and address of each by-product plant, charitable organization,or official dump (as the case may be) towhich such diversion was made:

(3) The license number of the truck orthe initial and number of the railroadcar in which such diverted fruit wastransported;

(4) The quantity of fruit diverted, asaforesaid;

(5) The net weight of the fruit di-verted to a byproducts plant, as weighedin at such plant; and

(6) The signatures of the handler andreceiver of the diverted fruit.

IF. ?. Doc. 52-1857; Ffled; Feb. 13, 1952;8:52 a. m.

PART 957-IarsHPoTAos Guown ni CEn-TAm DEsIGNAT Cournrs in IDAHO

AD MALUM COUNTY, ORa.TERLMTATIQN OF Lnfmrmo. oP smpzmhs

Findings. 1. Pursuant to MarketingAgreement No. 98 and Order No. 57, asamended (7 CPR Part 957) regulatingthe handling of Irish potatoes grown Incertain designated counties of Idaho andMalheur County, Oregon. effective underthe applicable provisions of the Agricul-tural Marketing Agreement Act of 1937.as amended (48 Stat. 31, aS amended; 7U. S. C. 601 et seq.), and upon the basisof the recommendation and informationsubmitted by the Idaho-Eastern OregonPotato Committee established under aidmarketing agreement and order, asamended, and upon other available In-formation, it is hereby found that thelimitation of shipments of such potatoesno longer tends to effectuate the declaredpolicy of the act.

2. It is hereby further found that it isimpracticable and contrary to the publicinterest to give preliminary notice, en-gage in public rule-making procedure,and postpone the effective date of thissection until 30 days after publicationthereof in the FEDSEL REsrza (5U. S. C. 1001 et seq.) in that (1) the timeintervening between the date when in-formation upon which this section Isbased became available and the timewhen this section must become effectivein order to effectuate the declared policyof the act is insufficient for such com-pliance, and (i) this order relieves re-strictions imposed by the provisions of

1417

§ 957.308 (16 P. R. 5833, 6501, 12035),which Is hereinafter terminated.

Order. The provisions of § 957.303 (16F.R. 5833, 6501.12035) are hereby termi-nated as of 12:01 a. m., m. s. t., February12, 1952.(Sec. 5, 49 Stat. 753, as amended; 7 U. S. C.and Sup. 603c)

Done at Washington, D. C., this 11thday of February 1952.

[SEALI FLOYD.P. HEDLUND,Acting Director, Fruit and Veg-

etabTe Branch, Production andMarketing Administration.

[P. R. Doc. 52-1859; Plied, Feb. 13, 1052;8:53 a. m.]

TITLE 15--OMMERCE AND*FOREIGN TRADE

Chapter Ill--Bureau of Foreign andDomestic Commerce, Department ofCommerce

Subchapter C-OWice of Intemational Trade[th Gen. Rev. of Export Regs, Amdt. 931]

PAnT 373-LrcrsmO PoLicm ADR=A= SpECrAL PaovzsxOxs

PA T 380-Anz-un s, Examszoxs,

PART 398-PMoarrY RINGs AND SUreLyAsarTAcE AssiGNED Bw OITLI1SCELLTAEOUS AZIENDZIENTS

1. Section 373.24 Statement of pastparticipation in exports for certain com-modities Is amended to read as follows:

§ 373.24 Statement of pVat partici-pation in exports for certain commodi-tles-(a) Statement of Past iiarticipa-tion-(1) General. Oversubscription ofexport quotas for an increasing numberof commodities in short supply indicatesa greater use of the historical pattern ofexports as a factor in the granting ofexport licenses in order to obtain a moreequitable distribution of - availablequotas. Under this method of licenseissuance, the bulk of export quotas isreserved for those firms who have par-ticipated In exports during a represent-ative base period. However, licensingon the historical basis does not precludeparticipation by exporters who do nothave a record of past participation in ex-ports during the base period since acertain portion of the quota is also re-served for those exporters within thiscategory. Where necessary, a portionof the quota will also be set aside forespecially urgent needs, such as militaryor defense-supported requirements.

This section sets forth the general pro-visions for submission by exporters of astatement of past participation in ex-

.4ports for the indicated commodities.(2) Requirement to file. Applicants

for licenses to export any commoditiesdescribed in paragraph (b) of this section

, This amendment was published In Cur-rent Export Bulletin No. 656, dated Febra-ary 7, 1952. The amendment to the NateIo~lowlng paragraph (c) of J 380.2 was pub-lished in the reprint pages of the Compre-hensve Export Schedule, dated February 7,1952.

RULES AND REGULATIONS

are required to submit to the Office ofInternational Trade a statement of pastparticipation in exports of that com-modity on Form IT-821, in duplicate, ex-cluding exports specified in subparagraph(5) of this paragraph. This informa-tion shall be filed only once by an appli-cant, unless there is a change in thename of the reporting firm or in its rela-tion with other firms. At the time ofsuch change, a new Form IT-821 shall besubmitted which refers to the originalform and contains the new information.In order to be considered in relation toa specific quota, the completed Form IT-821 must be received in the Office of In-ternational Trade prior to the termina-tion date for filing applications underthat quota. The submission of this in-formation does not guarantee that. theapplicant will receive a license for thefull amount or any portion of the com-modities covered by his license applica-tion.

(3) Restrictive quota participation.A single firm shall, be entitled to onlyone partibipation in each quota estab-lished for each category of commoditiesspecified In paragraph (b) of this sec-tion. The filing of dual applications or"the claiming of an additional participa-tion through any device whatsoever mayresult in the denial of export licensingprivileges to all persons concerned.-

(4) Form IT-821. The following in-formation, in addition to other informa-tion specified on the form, shall be sub-mitted on Form IT-821:

(I) On separate Forms IT-821 for eachcategory of commodities, the total quan-tity of exports, excluding shipments cov-ered by .ubparagraph (5) of this para-graph, from the United States to allforeigif countries other than Canada(unless otherwise specified in paragraph(b) of this section) shipped in the ex-porter's name, i. e., for his own account,during each of the calendar years indi-cated'in paragraph (b) of this section.

(ii) The names of each exporter,dealer, manufacturer, or other businessorganization (whether an individual,partnership, association, corporation, orother type of business organization) en-gaged In the export of the particularcommodity being -reported which is di-rectly or indirectly owned or controlledby the applicant or which directly orIndirectly owns or controls the appli-cant's operations. The date (month andyear) when each such firm or organiza-tion was established and its relationshipto the applicant's operations shall alsobe included.

(5) Exports excluded from report.Unless specifically requested, exporta-tion of any commodity described in para-graph (b) of this section under condi-tions indicated in subdivisions (I) to (v)of this subparagraph shall not' be in-cludedtn this report. Those exortergwho previously filed Form IT-821 andIncluded thereon exports shipped undersuch conditions shall file an amendedForm IT-821 excluding these shipments.

(I) Shipments to territories, depend-encies and other possesions of theUnited States and Trust Territory of thePacific Islands, I. e., the Caroline Islands,the Marshall Islands, and the MarianasIslands.

(ii) Toll shipments.(III) In-transit shipments.(iv) Shipments under project licenses.(v) Shipments to Canada.(6) Successors in interest. A succes-

sor firm which has acquired the businessinterest of a predecessor may include.itspredecessors record of past participationin exports for the purpose of establishingthe successor firm's position as an his-torical exporter, provided that the pred-ecessor is not entitled to claim the samepast participation in exports. ,Such suc-cessor firm-may submit Form IT-821 forconsideration by the Office of Inter-national Trade and set forth thereon, oron an attached statement, a full expla-"nation of the association between theentities concerned and including the fol-lowing signed statement:

The terms of acquisition of the businessInterests of (name of predecessor firm) by(name of-successor firm) precludes the pred-ecessor firm from claiming past participa-tion in exports for the purpose of obtainingexport licenses under the historical patternof export licensing.I NoTE: In the absence f a report on Form

IT-821, OIT will assume that the applicant'stotal exports for each commodity were lessIn each of the specified calendar years thanthe established minimum amount (as'shownin paragraph (b) of this section) for sub-mission of Form IT-821, and his applicationfor an export license will be considered undera portion 'of the export quota reserved forexporters in this category.

(b) CommoditieS -requiring statementof past participation. Form IT-821shall be submitted by applicants forexport licenses, other than projectlicenses, for the following categories ofcommodities:

(1) Truck and bus casings, passen-ger car -casings, off-the-road 'casings,farm tractor and implement casings,and industrial casings, Schedule BNos. 206000, 206210, 206430, 206440,206460, and 206490. Separate reportson Form IT-821 shall be submitted re-flecting the quantity in number of unitsof exports from the United States, madeduring each o the calendar years 1943,1949, and 1950 to the following countries.This report shall be submitted' onlywhere the total of such exports to allof these countries was $10,000 or moreduring any one year for either (i) pa-senger car casings, Schedule B No.206210 or for (ii) total of casings classi-fied under Schedule B Nos. 206000, 206-430, 206440, 206460, and 206490.Belgian Congo. Lebanon.Belgium Malaya.Finland. Philippine Islands.France. Singapore.French Morocco. Sweden.Indonesia. Switzerland.Iran. Syria.Iraq. Thailand.Israel.

(2) DDT (dichlorodiphenyl trichloro-ethane), -including preparations thereofcontaining 25 percent or more DDT(100 percent basis), Schedule B No.820580. 'The report on Form IT-821shall cover the quantity (shown in thetechnical (100 percent) DDT equivalent)of exports from the United States mad6to any one country during each of thecalendar years 1949 and 1950 where the

total of such exports to that country was$250 or more for either year.

(3) BHC (benzene hexachloride) andformulations thereof containing onepercent or more of the gamma form,Schedule B No. 820585. The report onForm IT-821 shall cover the quantity(by percentage strength (gamma Isomerequivalent)) of exports from the UnitedStates made to any one country duringeach of the calendar years 1049 and1950 where the total of such exports tothat country was $250 or more for eitheryear.

(4) All controlled materials and cer-tain additional commodities with proc.essing code NONF:

Corrugated aluminum sheet, Schedule BNo. 630301:

Refited copper in cathodes, billets, Ingots,wire bars, and other crude forms, ScheduleB No. 641200; copper bars (except wire bars),Schedule B No. 642400;

Copper scrap, Schedule B No. 641300;Brass and bronze scrap, new and old,

Schedule B No. 644000: brass and bronzoingots, Schedule B No. 644100;

Lead pigs, bars, and anodes (includesblocks and ingots), Schedule B No. 650750;

Zinc slab, Schedule B Nos. 657101, 057103,657125, 657108;

Any commodity listed in § 398.5 (f) of thissubchapter (controlled materials) with theprocessing codes STEE and TNPL.

A separate report on Form IT-821 shallbe filed for each Schedule B number andshall cover the quantity in Schedule Bunits of exports from the United Statesmade during each of the calendar years1949 and 1950 where the total of suchexports for each commodity was $6,000or more for any one year.

In preparing Form IT-821 for con-trolled materials, there shall be enteredin Item 2 the appropriate Schedule Bnumber and the "01T Reference Code toControlled Materials" (see § 398.5 (f) ofthis subchapter).

(5) Plumbers' brass goods, Schedule BNo. 618857. The report on Form IT-821shall cover the quantity of weight of ex-ports from the United States during eachof the calendar years 1949 and 1050, andduring the first six months of the calen-dar year 1951 where the total of suchexports was 1000 pounds or more for anyone year and 500 pounds or more duringthe first six months of 1951.

(6) Paper base stocks, Schedule B Nos.460110, 460200, 460400, 460800, 461010,and 461900. The report on Form IT-821shall cover the quantity (air dry weight)for exports from the United States dur-ing each of the calendar years 1947, 1948,1949, and 1950 where the total of suchexports during any one year was 100short tons or more.

(7) Copper sulfate (Schedule B No.820100). The report on Form IT-821shall cover the quantity of exports fromthe United States made to any one coun-try during each of the calendar years1949 and 1950 where the total of suchexports to that country was $250 or morefor either year.

This part of the amendment shall be-come effective as of February 7, 1952.

2. Part 373 Licensing policies and re-lated special provisions is amended byadding thereto a new section (§ 373.33)to read as follows:

1418

Thursday, February 14, 1952

§ 3731.33 Specld provsiions for expor-tations of certain commodities to Japanand Ryukyu 'islands (including Ol-nawa). License applibations for exportof Controlled Materials Plan materialsor CMP Class A-products for expprt toJapan, Okinawa, or the Ryukyu Islandsmust include the information and docu-ments as set forth in § 398.5 (d) of thissubchapter.

This part of the amendment shall be-,come effective as of February 15, 1952.

3. The note following § 380.2, para-graph (c), is amended in the followingparticulars:

In the first unnumbered paragraphAmendment action by OIT, Washington,D. C., of Note 1, Licenses held by collec-tors, the second sentence is Eimended toread as .follows: "If the request is m±e-jeeted, or returned without action, thereasons therefor will be indicated in theupper right-hand corner, and the tripli-cate copy returned to the applicant."

This part of the amenilment shall be--come effective as of February 7, 1952.

4. Section,398.5, CUP: Export alloca-tions and procedures is amended in thefollowing particulars:

a. Paragraph d) Exceptions to timeschedules is renumbered paragraph (e)E xceptions t6 -ime schedules and a newparagraph (d) is. added to read as-follows:

(d) "Additional requirements for ship-ment to Japan and the Ryukyu Islands(including Okinawa) -(1) Documents toaccompany applications. In filing 11-cense applications covering ControlledMaterials Plan-materials and ChIP ClassA products for export to Japan and theRyukyu Islands (including Okinawa), anexportermtist attach to his license appli-cation one of the following documents:

(i) Where the material covered by thelicense application is intended for civ-lian use-within the domestic economy ofthe coiintry,-a statement certifying thatthe material covered by the license ap-plication has been approved for importinto the particular country, and "ischargeable against a Department of De-fense CMP allotment transferred to theOffice of International Trade, Depart-ment of Commerce," and that an im-port license covering the material hasbeen issued. This statement must besigned either by a representative of theSupreme Commander for the AlliedPowers (SCAP) or by an official of theDepartment of Defense; or, in the caseof- Japan, by an official of the govern-ment agency authorized for this purposeby SCAP (the presently authorizedagency is the Japanese Ministry of In-ternational- Trade and I n d u s t r y(=IvT)); or, in the case of the RyukyuIslands '(including Okinawa), by an au-thorized official for the CommandingGeneral, Ryukyus Command.

(1i) Where the material is intendedfor military use by-the occupation forces;the original or photostat of a statementauthenticated by the sigiature of anauthorized official of SCAP or the De-partment of Defense, certifying that aspecified allotment symbol has been as-signed for the procurement of the ma-

FEDERAL REGISTER

terlal covered by the license applicationby authority of the National ProductionAuthority.

(2) Import -penlt. In addition, theimport permit number must be given un-der item (6) of the export license ap-plication.

Nor: Applications lacking the documentsor the import number prescribed above wilbe returned to the applicant without action.

b. Paragraph (e) Controlled materialsis renumbered paragraph ) Controlledmaterials.

This part of the amendment shall be-come effective as of February 15, 1952.(Sec. 3. 63 Stat. 7. Pub. Law 33, 82nd Cong.;50 U. S. C. App. Sup. 2023. E. 0. 90630, Sept.27, 1945, 10 F. R. 12245, 3 CM 1945 Supp.;E. 0. 9919, Jan. 3, 1948, 13 P. IL 59, 3 CFR,1948 Supp.)

Loauia K. MACv,

Director,Office of International Trade.

IF. Ft. Doc. 52-1792; Piled. Feb. 13, 1952;8:53 a. m.]

TITLE 21-FOOD AND DRUGSChapter l-Food and Drug Adminis-/tratfon, Federal Security Agency

PART 146-CEarIFcAn oz O BATcHEs orAwnmonc mm ANxBIoTc-Cor.-rTarG

ZIISCELLANEOUS AfLEDMZ"iTSBy virtue of the authority vested In

the Federal Security Administrator bythe provisions of section 507 of the Fed-eral Food, Drug, and Cosmetic Act (52Stat. 1040, 1055, as amended by 59 Stat.463, 61 Stat. 11, 63 Stat. 409; 21 U. S. C.357), the regulations for certification ofbatches of antibiotic and antiblotic-con-taining drugs (21 CFR, 1950 Supp., 146;16 F. R. 2471, 10157) are amended asIndicated below:

1. Section 146.59 (c) (1) (i1) isamended to read as follows:

§ 146.59 Penicillin tooth. powder.

(c) Labeling.(1) * * *(ill) The statement 'Expiratlon date

. the blank being filledin with the date which is 12 months afterthe month during which the batch wascertified, except that the blank may befilled in with the date which is 18 monthsafter the month during which the batchwas certified if the person who requestscertification has submitted to the Com-missioner results of tests and assaysshowing that'affer having been storedfor such period of time such drug asprepared by him complies with the stand-ards prescribed by paragraph (a) of thissection.

2. Section 146.202 (c) (2) and (3) areamended to read as follows:

§ 146.202 Aureomycln o f nt mt e n

(c) Labeling.(2) On the outside wrapper or con-

tainer, If it is packaged for ophthabnlouse- by man, the statement "Caution:

Federal law prohibits dispensing withoutprescription," and a reference specifi-cally Identifying a readily available-medical publication containing informa-tion (including contraindications andpossible s&nitization) adequate for theuse of such ointment by practitionerslicensed by law to administer such drug;or a reference to a brochure or otherprinted matter containinssuchinforma-tion, and a statement that suchbrochureor printed matter will be sent onrequest:Provided, however, That this referencemay be omitted if the information is con-tained in a circular or other labelingwithin-or attached to the package.

(3) If it is not packaged for ophthal-mic use by man, a circular or other label-ing within or attached to the packagebearing adequate directions and warn-ings for prophylactic use by man, or forthe veterinary use of such ointmentSuch circular or other labeling may alsobear a statement that a brochure orother printed matter containing infor-mation for other uses of such ointmentby practitioners licensed by law to ad-minister such drug will be sent on request;to such a practitioner.

3a. In § 146.204 Aureomycin cap-sules 0 *, the first sentence ofparagraph (a) Standards of identity etc.is amended by inserting the word "Pre-servatives:' between the words "buffersubstances," and "diluents,". -

b. In § 146.204, subparagraph (1) ofparagraph c) Lableling is amended byrenumbering subdivision (Ill) as (iv)and by inserting a new subdivision (Iii)between subdivision (11) and renumberedsubdivision (iv):

(Ill) If it contains a preservative, thename and quantity of each such in-gredient;

This order, which provides for the useof an expiration date for penicillin toothpowder that is 18 months alter the monthduring which the batch was certified ifthe one who requests certification haIproved that the drug Is stable for suchtime; for deletion of the prescriptionrequirement for aureomycin ointmentexcept when such drug is packaged for-ophthalmic use; and for the optional useof preservatives In the manufacture ofaureomycin capsules, shall become effec--tive upon publication in the FmE=Rclsm, since both the public and theaffected industry will benefit by the earli-est effective date, and I so find. -

Notice and public procedure are notnecessary prerequisites to the promulga-tion of this order, and I so find, since itwas drawn in collaboration-with inter-ested members of the affected industryand since it would be against publicinterest to delay providing for thechanges set forth above.(Sec. '701.52 Stat. 1055.21U. S. C. 371. Inter-pret or apply Eec. 507, 59 Stat. 43, asamended; 21 U. S. C. and Sup. 357)

Dated: February 8, 1952.

Ism] Joma L. Tinuaso,Acting Administrator.

[P. I. Doc. 52-1824; Filed, Feb. 13, 1952;8:53 a. m.l

1419

RULES- AND REGULATIONS

TITLE 25-INDIANSChapter I--Bureau of Indian Affairil

Department of the InteriorSubchapter .-- Grazing

PART 71--GNERAL GRAZING REGULATIONSMISCELLANEOUS ALENDMENTS

1. Sections 71.6, 71.8, 71.13,71.14,71.16,71.19, 71.24 and 71.27 are amended tosubstitute the term "area director" forthe term "regional forester" whereverthe latter term appears in said sections.

2. Section 71.25 is repealed.3. Section 71.26 is amended to read as

follows:§ 71.26 Definitions. As used in this

part:(a) "Area' director" means the officer

in charge of an area office of the Bureauof Indian Affairs, or his duly authorizedrepresentative. The term "area direc-tor" Is substituted for the term "regionalforester" wherever the latter term ap-pears in this part.

(b) "Superintendent" means the offi-cer in charge of an Indian agency or hisduly authorized representative.

(c) "Organized tribe" means a tribeorganized under the provisions of the In-.dian Reorganization Act (48 Stat. 984:25 U. S. C. 461-479), and "unorganizedtribe" means a tribe not so organized.

(d) "Family". comprises all personsoccupying a single habitation, or living ina single domestic group, whatever the ageor relationship of the persons may be:Provided, That the Indians in generalcouncil or their duly authorized repre-sentatives may determine in cases ofdoubt who are members of a givenfamily: Provided further, That an ap-peal may be taken from such a determi-nation by any aggrieved Indian to theCommissioner of Indian Affairs: Pro-vided further, That the Ihdians in gen-eral council or their duly authorizedrepresentatives, subject to the approvalof the Commissioner of Indian Affairs,may establish a different definition of afami