UTTERA] SCRIPTA EDEKÂL REGISTER VOLUME 5 ^ 1934 ¿ y NUMBER 128 * Wanted ^

Washington, Tuesday, July 2, 1940

The President service status by virtue of such appoint­ CONTENTS ment. F ranklin D R oosevelt THE PRESIDENT EXECUTIVE ORDER T he W hite H ouse, Executive Orders: Page June 27, 1940. Civil Service Commission to es­ tablish replacement list of Directing the Civil Service Commission [No. 8458] to Establish a R eplacement List of non-civil service employees Non-Civil Service Employees for Use [P. R. Doc. 40-2698; Piled, June 28, 1940; for use for temporary ap­ for T emporary Appointments to Na­ 12:20 p. m.] pointments to national de­ tional Defense P ositions fense positions______2435 Colorado, power site reserve or­ By virtue of the authority vested in me EXECUTIVE ORDER der modified (Gill Creek) __ 2436 by section 1753 of the Revised Statutes New Mexico, public land with­ Withdrawal of Public Lands for the (U.S.C., title 5, sec. 631), by the Civil drawal for use of Depart­ Use of the Department of Agricul­ Service Act (22 Stat. 403), and as Presi­ ment of Agriculture______2435 dent of the United States, it is hereby ture Veterans’ Administration, ad­ ordered as follows: NEW MEXICO ministration of benefits, or­ 1. The Civil Service Commission shall By virtue of and pursuant to the au­ der amended______2436 establish a replacement list of employees thority vested in me by the act of June 25, 1910, c. 421, 36 Stat. 847, as amended RULES, REGULATIONS, who do not possess a competitive civil- ORDERS service status, who have been involuntar­ by the act of August 24, 1912, c. 369, 47 ily separated from the Federal service, Stat. 497, it is ordered as follows: T itle 6—Agricultural Credit: Farm Credit Administration: with good records, after January 1, 1940, Sec. 1. Executive Order No. 6910 of No­ and who have had at least six months of vember 26, 1934, as amended, tempo­ Federal Land Bank of Spring- Government service immediately prior to rarily withdrawing all public lands in field, title determination separation; such list to be used for tem­ certain States for classification and other fee, amendment______2437 porary appointments to national-defense TItle 7—Agriculture: purposes, is hereby revoked so far as it Sugar Division of the Agricul­ positions for terms not extending beyond affects the following-described public the duration of the national-defense lands in New Mexico: tural Adjustment Adminis­ program. tration: New Mexico Pfincipal Meridian Mainland cane sugar area 2. The Commission shall determine T. 13 N., R. 15 E„ farms, determination of what positions are national-defense posi­ sec. 25, lot 1, proportionate shares in tions, and shall prescribe such regulations sec. 36, lots 1, 2, 3, and 4; 1940 crop______2437 as may be necessary to effectuate the aggregating 116.03 acres. Surplus Marketing Administra­ provisions of this order. Such regula­ Sec. 2. Subject to valid existing rights, tion: tions shall, among other things, (a) pre­ the lands described in section 1 of this Cotton stamp plan, revised scribe the conditions of entry on such order are hereby temporarily withdrawn regulations______2440 list, including the passing of noncom­ from settlement, location, sale, or entry, Food stamp plan, revised reg­ petitive tests of fitness and character and reserved for use by the Farm Security ulations ______2438 investigations, (b) formulate the plan by Administration of the Department of Ag­ T itle 19—Customs Duties : which certifications from such list are riculture for the purpose of resettling Bureau of Customs: to be made, and (c) provide opportunity native farm families who reside in or Vessels in territorial waters, for the use of such list in their discre­ near the community of El Pueblo, in San anchorage regulations__ 2442 Miguel County; tion by agencies having national-defense T itle 20—Employees’ Benefits: positions. Provided, that none of such lands shall Railroad Retirement Board: be sold in accordance with the provisions Death notification, regula­ 3. Persons appointed from such list of section 43, title IV, of the Bankhead- tions amended______2442 shall not acquire a competitive civil- Jones Farm Tenant Act of July 22, 1937, (Continued on next page) 2435 2436 FEDERAL REGISTER, T uesday, July 2, 1940

CONTENTS—Continued EXECUTIVE ORDER / m \ Department of Agriculture—Con. Page Modifying E xecutive Order of F eb­ Farm Security Administration— ruary 7, 1913, Creating P ower Site FEDERAL^pEGISTER R eserve No. 339 \ l» 3 4 ¿ff Continued. Tenant purchase loans, desig­ GILL CREEK, COLORADO nation of counties in—Con. Modification No. 412 Published dally, except Sundays, Mondays, Minnesota______- 2449 and days following legal holidays by the Mississippi______2449 By virtue of the authority vested in Division of the Federal Register, The National Missouri______2449 me by the act of June 25, 1910, ch. 421, Archives, pursuant to the authority con­ Montana ______2449 36 Stat. 847, as amended by the act of tained in the Federal Register Act, approved August 24, 1912, ch. 369, 37 Stat. 497, it July 26, 1935 (49 Stat. 500), under regula­ Nebraska______2449 tions prescribed by the Administrative Com­ New Hampshire..______2449 is ordered that the Executive order of February 7,1913, creating Power Site Re­ mittee, approved by the President. New Jersey______2449 The Administrative Committee consists of serve No. 339, be, and it is hereby, modi­ the Archivist or Acting Archivist, an officer New York______2450 fied to the extent necessary to permit of the Department of Justice designated by North Carolina______2450 approval by the Secretary of the Interior the Attorney General, and the Public Printer North Dakota______2450. or Acting Public Printer. Ohio______2450 of the application of Jerome Craig for a The daily issue of the F ederal R egister right-of-way for the enlargement of the will be furnished by mail to subscribers, free Oregon______2450 of postage, for $1125 per month or $12.50 per Casto Reservoir within the following-de­ Pennsylvania______2450 scribed tracts as shown on the map sub­ year; single copies 10 cents each; payable in Region XII, exclusive of advance. Remit money order payable to the scribed and sworn to January 11, 1940, Superintendent of Documents directly to the New Mexico------2451 and filed in the United States Land Office Government Printing Office, Washington, D. C. Rhode Island______2450 at Denver, Colorado, January 15,1940: South Carolina______2450 South Dakota______2451 Sixth Principal Meridian CONTENTS—Continued f Tennessee______2451 T. 15 S., R. 101 W., Vermont______2451 sec. 21, SE^4SE%; sec. 22, NE%SW%, S%SV2, and T itle 21—P ood and Drugs: P3®6 West Virginia______2451 NWi4SE»4; Pood and Drug Administration: Wisconsin______2451 sec. 23, SW^SW^; Definitions and standards of Wyoming------2451 sec. 27, NWV4NE&, and N^NW^. identity for: Office of the Secretary: F ranklin D R oosevelt Cream and whipping cream Emergency Relief Appropria­ T he White House, classes of food, light tion Act, Fiscal Year 1941, June 27, 1940. cream, etc______2442 making applicable certain Evaporated milk and con­ orders, etc., issued under [No. 8460] centrated milk______2443 Emergency Relief Appro­ [F. R. Doc. 40-2697; Filed, June 28, 1940; Sweetened condensed milk. 2445 priation Act of 1939_____ 2452 12:20 p. m.] T itle 26—I nternal R evenue: Rural Electrification Adminis­ Bureau of Internal Revenue: tration: EXECUTIVE ORDER Income tax, deduction of bad Project designation amended- 2452 Amendment of Executive Order No. 8099 debts by banks, etc., under Department of Labor: of April 28, 1939, R elating to Admin­ Federal supervision------2445 Wage and Hour Division: istration of Benefits Provided by Act Learner employment certifi­ T itle 30—Mineral R esources: of Congress Approved April 3, 1939 Bituminous Coal Division: cates, issuance for various Discounts, registration of dis­ industries______2452 By virtue of and pursuant to the tributors and farmers’ co­ Federal Power Commission: authority vested in me as President of operative organizations, Tennessee Gas and Transmis­ the United States, and by the act of correction______2446 sion Co., hearing______2452 July 3, 1930, ch. 863, 46 Stat. 1016, the proviso in the last paragraph of Execu­ T itle 32—National Defense: tive Order No. 80991 of April 28, 1939, Council of National Defense: entitled “Administration of Benefits Pro­ Establishment of: vided by Act of Congress Approved April National Defense Research c. 517, 50 Stat. 522, 530, without the ap­ proval of the Secretary of the Interior, 3, 1939”, is hereby amended to read as Committee______2446 follows: Office for Coordination of and no transfer of title to any of the National Defense Pur­ lands shall be complete, unless evidenced "Provided, That in the administration chases______2446 by patent issued by the General Land of the retirement-pay provisions of the Office; said statute, the determination of all NOTICES And provided further, that this order questions of eligibility for the benefits shall not affect the right, title, and inter­ thereof, including all questions of law Department of Agriculture: est of the United States in the mineral and fact relating to such eligibility, shall Farm Security Administration: resources of such lands, and shall not re­ be made by the Secretary of War, or by Tenant purchase loans, desig­ strict the disposition of such mineral re­ someone designated by him in the War nation of counties in: sources under the public-land laws. Department, in the manner, and in ac­ Alabama______2447 cordance with the standards, provided by Arkansas______2447 Sec. 3. The withdrawal made by section 2 of this order shall remain in force until law, or regulations for Regular Army Colorado______2447 personnel.” Delaware______2447 revoked by the President or by act of Congress. F ranklin D Roosevelt Georgia______2447 Indiana______2448 F ranklin D R oosevelt T he W hite H ouse, Illinois______2448 T he White House, June 28,1940 Iowa______2448 June 27,1940. [No. 84611^ Kansas______2448 [No. 84591 [F. R. Doc. 40-2708; Filed, June 29, 1940; Maine______2448 12:04 p. m.] Maryland______2448 [F. R. Doc. 40-2696; Filed, June 28, 1940; Michigan______2448 12:20 p. m.j ‘ 4 FR. 1725. FEDERAL REGISTER, Tuesday, July 2, 1940 2437

ditions for payment to producers of either (i) the planted proportionate share Rules, Regulations, Orders sugar beets and sugarcane, as follows: acreage measured for harvest under the (c) That there shall not have been mar­ 1939 mainland sugarcane program or (ii) keted (or processed) an amount (in terms 50 per centum of the maximum 1939 pro­ TITLE 6—AGRICULTURAL CREDIT of .planted acreage, weight, or recoverable portionate share acreage to which the sugar content) of sugar beets or sugarcane CHAPTER I—FARM CREDIT grown on the farm and used for the pro­ farm would have been entitled had the ADMINISTRATION duction of sugar or liquid sugar to be conditions of said subparagraph been marketed in, or so as to compete with or complied with. [F.C.A. 187] otherwise directly affect interstate or for­ (b) 1940 proportionate shares for eign commerce, in excess of the proportion­ The F ederal Land Bank of S pringfield ate share for the farm, as determined by farms whose proportionate shares for the Secretary pursuant to the provisions of 1939 were ten ’"acres or less and for new TITLE DETERMINATION FEE section 302, of the total quantity of sugar growers. The proportionate share of Section 21.2 of Title 6, Code of Federal beets or sugarcane required to be processed sugarcane, in terms of planted acres, for to enable the area in which sugar beets or Regulations is amended to read as fol­ sugarcane are produced to meet the quota the 1940 crop for any farm having a lows: (and provide a normal carry-over inventory) proportionate share for the 1939 crop of as estimated by the Secretary for such area 10 acres or less, or for any farm for which § 21.2 Title determination fee. Ap­ for the calendar year during which the plicants for Federal land bank loans and larger part of the sugar or liquid sugar from a proportionate share was not established Land Bank Commissioner loans shall not such crop normally would be marketed; in 1939 (new grower), shall be the greater of either: be required to pay a title determination Now, therefore, pursuant to the fore­ fee. (Sec. 13 “Ninth”, 39 Stat. 372, sec. 1, going sections of said Act, I, H. A. (1) the planted proportionate share 47 Stat. 1547, sec. 32* 48 Stat. 48, as Wallace, Secretary of Agriculture, do acreage measured for harvest under thé amended; 12 U.S.C. 781 “Ninth’S 723, hereby make the following determina­ 1939 mainland sugarcane program, or 1016 (e), and Sup.; 6 CFR 19.4019) tion: (2) thé lesser of (i) 10 acres, or (ii) [Res. Ex. Com., June 11, 1940] one-third of the acreage on the farm suit­ § 802.26b Determination of propor­ able for the production of sugarcane; [seal] T he F ederal Land Bank tionate shares for the 1940 crop—(a) of S pringfield, General. The proportionate share of except that if the 1938 proportionate By H. P. P erkins, Secretary. sugarcane, in terms of planted acres, for share for the farm was established pur­ suant to paragraph (b) of the determina­ [F. R. Doc. 40-2714; Filed, July 1, 1940; the 1940 crop for any farm in the main­ 11:44 a. m ] land cane sugar area, except as provided tion of proportionate shares for the 1938 in paragraphs (b), (c), and (d) hereof, crop and the 1939 proportion share was shall be equal to the 1940 base acreage for established under paragraph (a) of the the farm multiplied by the fraction whose determination of proportionate shares TITLE 7—AGRICULTURE numerator shall be the total proportion­ for the 1939 crop, the 1940 proportionate ate share acreage for the 1940 crop (as share may be determined under para­ CHAPTER VIH—SUGAR DIVISION OF graph (a) hereof. THE AGRICULTURAL ADJUSTMENT estimated by the Secretary) required to ADMINISTRATION be allocated to farms in the mainland (c) 1940 proportionate shares for pro­ cane sugar area to enable the area to ducer-owned and producer-controlled [S.D. No. 62 Revision No. 2] meet its quota (and provide a normal cooperatives. The proportionate share carryover inventory) for the calendar for any farm operated by a producer- Part 802—Sugar D eterminations year during which the larger part of the owned and producer controlled coopera­ DETERMINATION OF PROPORTIONATE SHARES sugar from such crop normally would be tive association which is eligible to ob­ FOR FARMS IN THE MAINLAND CANE SUGAR marketed, less the total 1940 proportion­ tain a loan under or pursuant to any AREA FOR THE 1940 CROP, PURSUANT TO ate share acreage allocated pursuant to existing act of Congress, and which was THE SUGAR ACT OF 1937 paragraphs (b) and (c) hereof, and organized prior to the date hereof, shall Whereas, section 302 of the Sugar Act whose denominator shall be the sum of be not less than the lesser of either: of 1937 provides in part as follows: all of the 1940 base acreages calculated in (i) ten acres multiplied by the number accordance with this determination. of members of the association engaged (a) The amount of sugar or liquid sugar with respect to which payment may be made The 1940 base acreage for any farm for in the production of sugarcane on the shall be the amount of sugar or liquid sugar which a 1940 proportionate share is de­ farm, or (ii) one-third of the acreage commercially recoverable as determined by termined under this paragraph shall be: on the farm suitable for the production the Secretary, from the sugar beets or sugar­ cane grown on the farm and marketed (or (1) For any farm for which a 1939 of sugarcane. processed by the producer) not in excess of proportionate share was established pur­ (d) Minimum proportionate share. the proportionate share for the farm, as de­ The minimum proportionate share for termined by the Secretary, of the quantity suant to paragraph (a) or subparagraph of sugar beets or sugarcane for the extraction (1) of paragraph (b) of the “Determina­ any farm in the mainland cane sugar of sugar or liquid sugar required to be proc­ tion of Proportionate Shares for Farms area for the 1940 crop shall be: essed to enable the producing area in which the crop of sugar beets or sugarcane is grown in the Mainland Cane Sugar Area for the (1) For any farm on which the to meet the quota (and provide a normal 1939 Crop, Pursuant to the Sugar Act of planted proportionate share acreage carry-over inventory) estimated by the Secre­ 1937. (Revised) ”, issued February 1, measured for harvest under the 1939 tary for such area for the calendar year dur­ 1939, the lesser of either (i) a number of ing which .the larger part of the sugar or mainland sugarcane program was in ex­ liquid sugar from such crop normally would acres equal to the planted proportionate cess of 10 acres, not less than 10 acres; be marketed. share acreage measured for harvest on (2) For any farm for which a 1939 • (b) In determining the proportionate the farm under the 1938 mainland sugar­ shares with respect to a farm, the ¡Secretary proportionate share was established un­ may take into consideration the past produc­ cane program or (ii) a number of acres der the proviso in paragraph (a) of the tion oh the farm of stigar beets and sugar­ which, when added to the planted pro­ determination of proportionate shares cane marketed (or processed) for the extrac­ portionate share acreage measured for for the 1939 crop, not less than the tion of sugar or liquid sugar and the ability harvest on the farm under the 1939 main­ Produce such' sugar beets or sugarcane, land sugarcane program, will equal 150 planted proportionate share acreage and the Secretary shall, insofar as practicable, measured for harvest under the 1939 protect the interests of new producers and per centum of the 1938 proportionate small producers and the interests of pro- share for the farm; and mainland sugarcane program. aucers who are cash tenants, share-tenants, (3) In any event, not less than 5 acres. adherent planters, or share-croppers; (2) For any farm for which a 1939 and proportionate share was established pur­ (e) Tenant and sharecropper protec­ suant to subparagraph (3) of paragraph tion. The provisions of this determina­ Whereas, subsection (c) of section 301 (b) of the determination of February 1, tion shall not be deemed to have been of said act provides, as one of the con­ 1939, mentioned above, the lesser of met unless 2438 FEDERAL REGISTER, Tuesday, July 2, 1940

(1) No change shall have been made ignated area in dairy or bakery products loses the cover of any food stamp book in the leasing or cropping agreements or in such other food or grocery products, shall be eligible to receive further food for the purpose of diverting to producers as, in the judgment of the Administra­ stamp books only upon the execution and any payment to which tenants or share­ tion, will effectuate the Food Stamp Plan. presentation to the issuing officer of an croppers would be entitled if their 1939 (f) “Food” means any commodity or affidavit of loss containing such certifica­ leasing or cropping agreements were con­ product sold in retail food stores for in­ tion as may be required by the Adminis­ tinued in effect; and ternal human consumption, not on the tration. (2) There shall have been no inter­ premises; but does not include tobacco, § 203 Intermittent participation. If ference by any producer with any con­ wines, liquors, beers, or other alcoholic any participating person fails to purchase tracts heretofore entered into by tenants beverages. or obtain food stamps in any purchase or sharecroppers for thé sale of their (g) “Surplus food” means food found period, he shall be eligible to receive fur­ sugarcane or their share of the sugar­ by the Secretary to be surplus and listed ther food stamp books only if the cer­ cane produced on the farm. in Surplus Commodities Bulletins pub­ tifying agency certifies to the Adminis­ lished and distributed by the Adminis­ tration or its authorized representative This determination supersedes the tration. that such person refrained from purchas­ “Determination of Proportionate Shares (h) “Orange stamps” means orange ing or obtaining food stamps because of for Farms in the Mainland Cane Sugar colored food stamps in denominations of a substantial and emergency need. If Area for the 1940 Crop, Pursuant to the twenty-five cents (250) each. the certifying agency fails to make such Sugar Act of 1937. (Revised)”, issued (i) “Blue stamps” means blue colored certification, such person may appeal to March 6, 1940.1 (Sec. 302, 50 Stat. 910; surplus food stamps in denominations of the Administration or its authorized rep­ 7 U.S.C., Supp. IV, 1132) twenty-five cents (250) each. resentative, and shall be reinstated as Done at Washington, D. C., this 29th (j) “Food stamps” means either eligible if, in the judgment of thé Admin­ day of June 1940. Witness my hand and orange or blue stamps or both. istration or its authorized representative, the seal of the Department of Agricul­ (k) “Federal S u r p lu s Commodities it is desirable to do so. ture. Corporation”, “FSCC”, or “Corporation” § 204 Amount and ratio of food [seal] H. A. W allace, i shall be construed to mean the Admin­ stamps. Any person who has been prop­ Secretary of Agriculture. istration. erly certified as eligible may purchase or obtain, in lieu of money payment, orange [P. R. Doc. 40-2711; Filed, July 1, 1940; ARTICLE n —ISSUANCE OF FOOD STAMPS 9:18 a. m.] stamps in accordance with a formula to § 200 Issuing agencies. The Admin­ be prescribed by the Administration for istration may, in order to effectuate the each designated area. Any such person Food Stamp Plan, issue orange and blue purchasing or obtaining orange stamps CHAPTER IX—SURPLUS MARKET­ stamps, or blue stamps only, to persons may be given blue stamps in the ratio of ING ADMINISTRATION or classes of persons who, in its judg­ one blue stamp for each two orange F ood S tamp P lan; R evised R egulations ment, require public assistance or to au­ stamps purchased or obtained: Provided, and Conditions thorized agencies for and on behalf of however, That whenever the Administra­ By virtue of the authority vested in such persons or classes of persons. For tion determines it to be necessary in the Secretary of Agriculture by law, I, such purpose and for such other pur­ order to effectuate the Food Stamp Plan, H. A. Wallace, Secretary of Agriculture, poses as the Administration may deem it may change the ratio above in respect do make, prescribe, publish and give necessary and proper in effectuating the to any persons or classes of persons. If, public notice of the following regula­ Food Stamp Plan, the Administration in any designated area, a substantial tions and conditions, to be in force and may enter into agreements with author­ proportion of certain or all classes of effect until amended or superseded by ized public or private agencies or instru­ eligible persons are found by the Admin­ the Secretary of Agriculture. mentalities, and may utilize the person­ istration to be unable to purchase or ob­ nel of such agencies and instrumen­ tain orange stamps or are able to pur­ ARTICLE I—DEFINITIONS talities. chase or obtain orange stamps only in an § 100 Definitions. As used on any § 201 Eligibility of persons to obtain amount substantially below the minimum instrument or in any document in con­ food stamps. Orange and blue stamps requirement provided for in the formula nection with the Food Stamp Plan may be issued to persons certified by the for that area, blue stamps may be given unless the context clearly indicates an­ Administration or by authorized agen­ in an amount determined by the Admin­ other meaning: cies as eligible for public assistance or istration, without regard to the purchas­ who, in the judgment of the Adminis­ ing or obtaining of orange stamps. (a) “Secretary” means the Secretary tration, require public assistance. If, in § 205 Designation of agents. Any of Agriculture of the United States of the judgment of the Administration, the eligible person may designate an agent America. issuance of food stamps to any class or for the purpose of obtaining food stamp (b) “Administration” means the Sur­ classes of eligible persons will not effect­ books provided that such agent is not the plus Marketing Administration, United uate the purposes of the Food Stamp owner or employee of a retail food store States Department of Agriculture. Plan, such class or classes may be or one who will derive any pecuniary (c) “Administrator” means the Ad­ excluded. benefit from the agency relationship. ministrator or Assistant Administrator § 202 Certification of use. The issu­ ARTICLE III—USE of the Administration. ance of a food stamp book or series of (d) “Designated area” means a geo­ food stamp books to any eligible person, § 300 Designation of surplus food. graphical area designated by the Ad­ after the issuance of the second food The Administration shall from time to ministration as an area within which stamp book or series of food stamp books, time prepare Surplus Commodities Bulle­ food stamps may be used. shall be dependent upon either: tins in which there shall be listed agri­ cultural commodities and products found (e) “Retail food store” means a mer­ (a) The execution of such certification chandising establishment located in a by the Secretary to be surplus food. Such relative to the use of food stamps previ­ bulletins shall be distributed to all eli­ designated area where a retail merchant ously issued as the Administration may carries on the business of selling food or gible retail food stores and shall be made grocery products to consumers not for require; or available to wholesalers, organizations, the purpose of resale in any form and (b) The return of all the covers of food and interested persons upon request. not for consumption on the premises; stamp books previously issued properly § 301 Eligibility to accept food stamps. or a merchandising establishment main­ certified except the covers of the food Food stamps may be accepted in any re­ taining retail trade routes within a des- stamp book or series of books last issued. tail food store in exchange for food or If the Administration requires the return surplus food, provided such store, if re­ 1 5 F.R. 985. of food stamp book covers, a person who quired to do so by the Administration. FEDERAL REGISTER, T uesday, July 2, 1940 2439 has filed an application for participation of an actual value of less than the face order denying to such person indefi­ in the Food Stamp Plan in the manner value of each blue stamp evidencing and nitely, or for such period as he may prescribed by the Administration. supporting such claim or has otherwise determine, the privilege of further par­ § 302 Food obtainable by use of food passed on the incidence of such tax to ticipation in the Food Stamp Plan. For stamps. Orange stamps may be ac­ the blue stamp holder. this purpose, the Administrator may cepted in any eligible retail food store ARTICLE IV—REDEMPTION adopt and promulgate and from time to in exchange for any food sold in such time modify or amend such rules of store, including surplus food. Blue § 400 Payment of claims. Any retail practice and procedure as he may deem stamps may be accepted in any eligible food store owner who either personally necessary, not inconsistent with the pro­ retail food store in exchange for surplus or through an agent or representative visions of these regulations and condi­ food only. delivers food or surplus food to an au­ tions. The Administrator may suspend §303 Limitation on use of food thorized holder of food stamps in ac­ alleged violators from the privilege of stamps. Except for eligible milk mer­ cordance with these regulations and con­ participating in the Food Stamp Plan chants, no retail food store owner, nor ditions shall be entitled, in the event a at any time prior to or pending final any manager, clerk, or other employee claim for payment is made and pre­ determination as provided above, and thereof shall accept food stamps unless sented, properly supported by such food may, as to the issuance of any order detached in the presence of such owner, stamp cards, vouchers and other forms denying participation or as to any sus­ manager, clerk, or other employee at the as the Administration may require, to pension as provided herein, take such time food is delivered thereon. Food receive payment for the face value of action as to any such order or suspen­ stamps shall not be used for food which, orange and blue stamps: Provided, The sion which shall to him seem reasonably in the usual course of business, is con­ Administration is satisfied that a proper designed to make effective the terms sumed on the premises of any retail claim has been made. thereof. food store. Food stamps shall not be § 401 Presentation of claims by § 502 Penalties. Any person who accepted in payment of debts previously agents. Wholesalers or banks may act makes or causes to be made, or presents incurred. Food stamps shall not be as agents for retail food stores in pre­ or causes to be presented, for payment or sold, transferred, assigned, or negotiated senting to the Administration claims for approval to or by any person or officer by any person preliminary to the proper payment represented by food stamps. in the Administration or any one acting delivery of food thereon, or used for § 402 Refunds. In the event food as an agent for the Administration, any any purpose or to effect any arrange­ stamps are not presented for delivery of claim for the payment evidenced by ment, agreement, scheme, or device con­ food thereon, the Administration shall orange or blue stamps, knowing such trary to the purposes of the Food Stamp make proportionate refunds on orange claim to be false, fictitious or fraudulent Plan. Food delivered to any eligible stamps if returned to the Administration, or in violation of these regulations and person by virtue of the presentation of by the person to whom originally issued, conditions, or whoever, in connection food stamps shall be consumed by such together with blue stamps in the same with the obtaining, holding, use or pre­ person and his family in the normal j ratio in which received. sentation for payment of orange and blue course of home consumption. stamps, shall knowingly and wilfully fal­ § 304 Duties of retailers. It shall be ARTICLE V—COMPLIANCE sify or conceal or cover up by any trick, the duty of the owner, manager, clerk, § 500 Relief agencies. If, in any des­ scheme or device a material fact or make or other employee of any eligible retail ignated area in which an agency is super­ or cause to be made any false or fraudu­ food store to make every reasonable ef­ vising or administering the issuance of lent statements or representations, or fort to determine that the person pre­ food stamps, the Secretary, or his duly make or use or cause to be made or used senting food stamps for food or surplus authorized representative, after reason­ any false food stamp, food stamp book, food is the person whose name appears able notice and opportunity for hearing, food stamp card, certificate, voucher, bill,' on the food stamp book or is a properly finds that there have been imposed un­ account, or claim, knowing the same to designated agent of such person and to reasonable or arbitrary requirements as contain any fraudulent or fictitious require satisfactory evidence of such per­ to the eligibility of persons to receive statement or entry, or to be in violation son’s right to the possession of food food stamps or finds that there has been of these regulations and conditions, shall stamps. a failure to abide by these regulations and be subject to such fines and punishments § 305 Change. No retail food store conditions or to comply with the terms as may be provided in the United States owner and no manager, clerk, or othei of any agreement or understanding with Criminal Code and elsewhere, and may employee thereof shall give change in the Secretary or the Administrator in be denied further participation in the currency or otherwise in connection with connection with the administration of Food Stamp Plan. the Food Stamp Plan, the Secretary, or food delivered in exchange for food ARTICLE VI---CONSTRUCTION stamps, or, except as provided in this his duly authorized representative, shall section, deliver food of a value less than notify such agency that food stamps will § 600 Administrative interpretations. either a single food stamp or a multiple not be available in such area until the The Administration, in its discretion, thereof: Provided, however, That if such Secretary, or his duly authorized repre­ may promulgate and issue administra­ owner, manager, clerk, or other employee sentative, is satisfied that the unreason­ tive interpretations of any of the regula­ ?e^rps’ an^ R the food or surplus able or arbitrary requirement is no longer tions and conditions herein contained, iood delivered is of a value of less than so imposed and that there is no longer and such interpretations shall have the either a single food stamp or a multiple any failure to abide by such regulations force and effect of these regulations and thereof, credit may be extended, in the and conditions, agreement, or under­ conditions. iorm and manner approved by the Ad­ standing. Nothing contained herein shall § 601 Derogation of rights. Nothing ministration, for the future delivery of be construed to limit the right of the contained in these regulations and con­ surP*us f°°d. as the case may be, Secretary to withdraw the Food Stamp ditions, or in any administrative inter­ r the balance of the face value of an Plan from any area whenever he has rea­ pretation thereof, shall be construed to orange or a blue stamp. son to believe that the purposes of Sec­ be in derogation or modification of the tion 32, Public Law No. 320, 74th Con­ right of the Secretary, the Administra­ in f!0,6 Taxatkm- Transactions involv­ ing blue stamps are not subject to any gress, as amended, will not be effectuated tion, or of the United States to exercise by the continuation thereof. hox 0I\ retail sales and no payment shall any jurisdiction or power granted by law. oe made by the Administration on claims § 501 Violations. Whenever the Ad­ These revised regulations and condi­ videnced by blue stamps where the re- ministrator shall determine that any tions governing the Food Stamp Plan person has violated, or is violating, these shall supersede all regulations and con­ f ° f e’ by reason of the existence regulations and conditions or any any retail sales tax, has delivered food ditions previously issued by me and shall amendment thereto, he may issue an become effective on July 1, 1940. 2440 FEDERAL REGISTER, T uesday, July 2, 1940 Done at Washington, D. C.f this 29th (h) “Green stamps” means green col­ purchasing or obtaining cotton stamps day of June 1940. Witness my hand ored cotton stamps in denominations of because of a substantial and emergency and the seal of the Department of twenty-five cents (250) each. need. If the certifying agency fails to Agriculture. (i) “Brown stamps” means brown col­ make such certification, such person may appeal to the Administration or to its au­ [seal] H. A. Wallace, ored surplus cotton stamps in denomina­ Secretary of Agriculture. tions of twenty-five cents (250) each. thorized representative and shall be rein­ (j) “Cotton stamps” means either stated as eligible if, in the judgment of [P. R. Doc. 40-2706; Piled, June 29, 1940; green or brown stamps or both. the Administration or its authorized rep­ 11:48 a. m.j resentative, it is desirable to do so. (k) “Federal Surplus Commodities Corporation,” “F. S. C. C.,” or “Corpora­ § 204 Amount and ratio of cotton stamps. Any person who has been prop­ Cotton S tamp Plan—R evised R egula­ tion” shall be construed to mean the Administration. erly certified as eligible may purchase tions and Conditions or obtain, in lieu of money payment, in By virtue of the authority vested in the ARTICLE IT—ISSUANCE OF COTTON STAMPS each three month period, green stamps Secretary of Agriculture by law, I, H. A. § 200 Issuing agencies. The Admin­ in accordance with the following for­ Wallace, Secretary of Agriculture, do istration may, in order to effectuate the mula: (a) for one person or a family of make, prescribe, publish and give public Cotton Stamp Plan, issue green and two persons, a minimum of $2.00 or a notice of the following regulations and brown stamps, or brown stamps only, to maximum of $3.00; (b) for a family of conditions, to be in force and effect until persons or classes of persons who, in its three or four persons, a minimum of amended or superseded by the Secretary judgment, require public assistance or to $3.00 and a maximum of $5.00; (c) for a of Agriculture. authorized agencies for and on behalf of family of five persons or more, a mini­ ARTICLE I—DEFINITIONS such persons or classes of persons. For mum of $4.00 and a maximum of $6.00: Provided, however, That whenever the § 100 Definitions. As used on any in­ such purpose and for such other purposes as the Administration may deem neces­ Administration determines it to be strument or in any document in connec­ necessary in order to effectuate the Cot­ tion with the Cotton Stamp Plan unless sary and proper in effectuating the Cot­ ton Stamp Plan, the Administration may ton Stamp Plan it may prescribe a dif­ the context clearly indicates another ferent formula in any designated area. meaning: enter into agreements with authorized public or private agencies or instrumen­ Any person purchasing or obtaining (a) “Secretary” means the Secretary talities, and may utilize the personnel of green stamps may be given brown of Agriculture of the United States of such agencies and instrumentalities. stamps in the ratio of one brown stamp America. § 201 Eligibility of persons to obtain for each green stamp purchased or ob­ (b) “Administration” means the Sur­ cotton stamps. Green and brown stamps tained: Provided, however, That when­ plus Marketing Administration, United may be issued to persons certified by the ever the Administration determines it States Department of Agriculture. Administration or by authorized agencies to be necessary in order to effectuate (c) “Administrator” means the Admin­ as eligible for public assistance or who, the Cotton Stamp Plan it may change istrator or Assistant Administrator of the in the judgment of the Administration, the ratio above in respect to any per­ Administration. require public assistance. If, in the judg­ sons or classes of persons. If, in any (d) “Designated area” means a geo­ ment of the Administration, the issuance designated area, a substantial propor­ graphical area designated by the Admin­ of cotton stamps to any class or classes of tion of certain or all classes of eligible istration as an area within which cot­ eligible persons will not effectuate the persons are found by the Administra­ ton stamps may be used: Provided, how­ purposes of the Cotton Stamp Plan, such tion to be unable to purchase or obtain ever, That such stamps may be used in class or classes may be excluded. green stamps or are able to purchase any eligible retail dry goods store as de­ or obtain green stamps only in an § 202 Certification of use. The issu­ fined herein. amount substantially below the mini­ (e) “Retail dry goods store” means a ance of a cotton stamp book or series of mum requirement provided for in the merchandising establishment located cotton stamp books to any eligible person formula for that area, brown stamps within a designated area where a re­ after the issuance of the second cotton may be given in an amount determined tailer carries on, in whole or in part, the stamp book or series of cotton stamp by the Administration without regard normal business of selling cotton or cot­ books shall be dependent upon either: to the purchasing or obtaining of green ton goods to buyers for consumption (a) The execution of such certification stamps. and not for resale in any form, and relative to the use of cotton stamps pre­ § 205 Designation af agents. Any merchandising establishments engaged viously issued as the Administration may eligible person may designate an agent in the retail distribution of cotton or require; or for the purpose of obtaining cotton stamp cotton goods through the mail, whether (b) The return of all the covers of cot­ books, provided that such agent is not the or not such establishment is located in ton stamp books previously issued prop­ owner or employee of a retail dry goods a designated area, whenever in the judg­ erly certified except the covers of the store or one who will derive any pecuni­ ment of the Administration, the inclu­ cotton stamp book or series of books last ary benefit from the agency relationship. sion of the latter establishments would issued. effectuate the purposes of the Cotton ARTICLE in—USE Stamp Plan. “Retail dry goods store” If the Administration requires the return of cotton stamp book covers, a person § 300 Eligibility to accept cotton shall not include peddlers or other itin­ stamps. Cotton stamps may be accepted erant merchants. who loses the cover of any cotton stamp book shall be eligible to receive further in any eligible retail dry goods store in (f) “Cotton and cotton goods” means exchange for cotton and cotton goods, any commodity or product which is cotton stamp books only upon the exe­ cution and presentation to the issuing provided such store, if required to do so made entirely in the United States and by the Administration, has filed an ap­ entirely from cotton produced in the officer of an affidavit of loss containing such certification as may be required by plication for participation in the Cotton United States, which is new and which Stamp Plan in the manner prescribed oy is sold in retail dry goods stores for the Administration. human or household use. Bindings, § 203 Intermittent participation. If le Administration. any participating person fails to pur­ § 301 Limitation on use of cotto buttons and other fasteners, findings and amps. No retail dry goods store owner, trimming, shall not be considered in chase or obtain cotton stamps in any pur­ determining whether such commodity or chase period, he shall be eligible to re­ or any manager, clerk, or other em product is made entirely of cotton. ceive further cotton stamp books only if ¡oyee thereof shall accept cotton stamps (g) “Family” means persons living to­ the certifying agency certifies to the Ad­ nless detached in the presence of sucn ministration or to an authorized repre­ ¡vner, manager, clerk, or other gether in one household as an interde­ t the time cotton or cotton goods is a - pendent economic group. sentative that such person refrained from FEDERAL REGISTER, Tuesday, July 2, 1940 2441 livered thereon: Provided, however, That a claim for payment is made and pre­ ministrator may suspend alleged violators authorized merchandising establishments sented, properly supported by such cotton from the privilege of participating in the may accept detached cotton stamps ac­ stamp cards, vouchers and other forms Cotton Stamp Plan at any time prior to companying an order received through as the Administration may require, to re­ or pending final determination as pro­ the mail when the goods ordered are to ceive payment for the face value of green vided above, and may, as to the issuance be delivered by mail. Cotton stamps and brown stamps, provided the Admin­ of any order denying participation or as shall not be accepted in payment of debts istration is satisfied that a proper claim to any suspension as provided herein, previously incurred. Cotton stamps shall has been made. take such action, as to any such order or not be sold, transferred, assigned, or ne­ § 401 Presentation of claims by suspension which shall to him seem rea­ gotiated by any person preliminary to agents. Wholesalers or banks may act sonably designed to make effective the the proper delivery of cotton or cotton as agents for retail dry goods stores in terms thereof. goods thereon, or used for any purpose or presenting to the Administration claims § 502 Penalties. Any person who to effect any. arrangement, agreement, for payment represented by cotton makes or causes to be made, or presents scheme or device contrary to the pur­ stamps. or causes to be presented, for payment or poses of the Cotton Stamp Plan. Cotton §402 Refunds. In the event cotton approval to or by any person or officer in or cotton goods delivered to any eligible stamps are not presented for delivery of the Administration or any one acting as person by virtue of the presentation of cotton or cotton goods thereon, the Ad­ an agent for the Administration, any cotton-stamps shall be utilized by such ministration shall make proportionate claim for payment evidenced by green or person and his family in the normal refunds on green stamps if returned to brown stamps, knowing such claim to be course of utilization of cotton or cotton the Administration, by the person to false, fictitious or fraudulent or in vio­ goods by such person or family. whom originally issued, together with lation of these regulations and condi­ 5 302 Duties of retailers. It shall be brown stamps in the same ratio in which tions, or whoever, in connection with the the duty of the owner, manager, clerk, received. obtaining, holding, use or presentation or other employee of any eligible retail for payment of green and brown stamps, dry goods store to make every reasonable ARTICLE V—COMPLIANCE shall knowingly and wilfully falsify or effort to determine that the person pre­ • § 500 Relief agencies. If, in any des­ conceal or cover up by any trick, scheme senting cotton stamps for cotton or cot­ ignated area in which an agency is super­ or device a material fact, or make or ton goods is the person whose name ap­ vising or administering the issuance of cause to be made any false or fraudulent pears on the cotton stamp book or is a cotton stamps, the Secretary, or his duly statements or representations, or make or properly designated agent of such per­ authorized representative, after reason­ use or cause to be made or used any false son and to require satisfactory evidence able notice and opportunity for hearing, cotton stamp, cotton stamp book, cotton of such person’s right to the possession finds that there have been imposed un­ stamp card, certificate, voucher, bill, of cotton stamps. reasonable or arbitrary requirements as account, or claim, knowing the same to § 303 Change. No retail dry goods to the eligibility of persons to receive contain any fraudulent or fictitious state­ store owner and no manager, clerk, or cotton stamps or finds that there has ment or entry, or to be in violation of other employee thereof shall give change been a failure to abide by these regula­ these regulations and conditions, shall be hi currency or otherwise in connection tions and conditions or to comply with subject to such fines and punishment as with cotton or cotton goods delivered in the terms of any agreement or under­ may be provided in the United States exchange for cotton stamps, or, except standing with the Secretary or the Ad­ Criminal Code and elsewhere, and may be as provided in this section, deliver cotton ministrator in connection with the ad­ denied further participation in the Cot­ or cotton goods of a value less than ministration of the Cotton Stamp Plan, ton Stamp Plan. either a single cotton stamp or a multiple the Secretary, or his duly authorized ARTICLE VI—CONSTRUCTION thereof: Provided, however, That if such representative, shall notify such agency owner, manager, clerk, or other employee that cotton stamps will not be available § 600 Administrative interpretations. so desires, and if the cotton or cotton in such area until the Secretary, or his The Administration, in its discretion, goods delivered are of a value less than duly authorized representative, is satis­ may promulgate and issue administra­ either a single cotton stamp or a multi­ fied that the unreasonable or arbitrary tive interpretations of any of the regu­ ple thereof, credit may be extended in requirement is no longer so imposed and lations and conditions herein contained, the form and manner approved by the that there is no longer any failure to and such interpretations shall have the Administration for future delivery of abide by such regulations and conditions, force and effect of these regulations and cotton or cotton goods for the balance agreement, or understanding. Nothing conditions. of the face value of one cotton stamp. contained herein shall be construed to § 601 Derogation of rights. Nothing § 304 Taxation. Transactions involv­ limit the right of the Secretary to with­ contained in these regulations and con­ ing brown stamps are not subject to any draw the Cotton Stamp Plan from any ditions, or in any administrative inter­ tax on retail sales and no payment shall area whenever he has reason to believe pretation thereof, shall be construed to be made by the Administration on claims that the purposes of Section 32, Public be in derogation or modification of the evidenced by brown stamps where the re­ Law No. 320, 74th Congress, as amended, right of the Secretary, the Administra­ tail dry goods store, by reason of the ex­ will not be effectuated by the continu­ tion, or of the United States to exercise istence of any retail sales tax, has deliv­ ation thereof. any jurisdiction or power granted by law. ered cotton or cotton goods of an actual § 501 Violations. Whenever the Ad­ These revised regulations and condi­ value of less than the face value of each ministrator shall determine that any tions governing the Cotton Stamp Plan brown stamp evidencing and supporting person has violated, or is violating these shall supersede all Regulations and con­ such claim or has otherwise passed on regulations and conditions or any ditions previously issued1 by me and the incidence of such tax to the brown stamp holder. amendment thereto, he may issue an shall become effective on July 1, 1940. order denying to such person indefinitely, Done at Washington, D. C., this 29th ARTICLE IV—REDEMPTION or for such period as he may determine, day of June 1940. Witness my hand and the privilege of further participation in the seal of the Department of Agricul­ § 400 Payment of claims. Any retail the Cotton Stamp Plan. For this pur­ ture. ry goods store owner who either per­ pose, the Administrator may adopt and sonally or through an agent or repre­ [seal] H. A. W allace, promulgate and from time to time modify Secretary of Agriculture. sentative delivers cotton or cotton goods or amend such rules of practice and pro­ an authorized holder of cotton stamps [P. R. Doc. 40-2712;' Piled, July 1, 1940; cedure as he may deem necessary not in­ 9:19 a. m.] in accordance with these regulations and consistent with the provisions of these conditions shall be entitled, in the event regulations and conditions. The Ad­ *5 P A 1535. 2442 FEDERAL REGISTER, T u esday, July 2, 1940

TITLE 19—CUSTOMS DUTIES and the movement, lading, and discharg­ TITLE 20—EMPLOYEES* BENEFITS ing of explosive or inflammable material CHAPTER I—BUREAU OP CUSTOMS CHAPTER n —RAILROAD RETIRE­ or other dangerous cargo shall be under MENT BOARD [TX>. 50182] the supervision and control of the cap­ tain of the port, or other officer desig­ Amendment to R egulations Under the Anchorage R egulations nated by the Secretary of the Treasury R ailroad R etirement Act of 19371 REGULATIONS FOR THE CONTROL OF VESSELS pursuant to section (2) hereof. EMPLOYER TO NOTIFY OF DEATH OF IN THE TERRITORIAL WATERS OF THE (4) The captain of the port or other EMPLOYEE UNITED STATES officer designated by the Secretary of the Pursuant to the general authority con­ Treasury pursuant to section (2) hereof tained in section 10 of the Act of June To Collectors of Customs, and Captains is hereby authorized to cause to be in­ of Ports and Others Concerned: 24, 1937 (sec. 10, 50 Stat. 314; 45 U.S.C. spected and searched at any time any Sup. HI, 228j) the second and third Section 1, title n, of the so-called es­ vessel, foreign or domestic, or any person paragraphs of § 250.2 of thfe Regulations pionage act, approved June 15, 1917, 40 or package thereon, within the territorial of the Railroad Retirement Board under Stat. 220 (U.S.C. title 50, sec. 191), pro­ waters of the United States, to place such Act (4 F.R. 1477) are amended, ef­ vides in part as follows: guards upon such vessels, and to remove therefrom any or all persons not spe­ fective June 19, 1940, by Board Order Whenever the President by proclamation cially authorized by him to go or to re­ 40-333 dated June 22, 1940, to read as or Executive order declares a national emer­ follows: gency to exist by reason of actual or threat­ main on board thereof. ened war, insurrection, or invasion, or -dis­ (5) The collector of customs, through The notice of death shall also contain turbance or threatened disturbance of the a statement of the amount of compensa­ international relations of the United States, the captain of the port or other agency the Secretary of the Treasury may make, sub­ acting for the collector, is hereby directed, tion earned by the deceased for service ject to the approval of the President, rules subject to the approval of the Secretary to the employer for each month of the and regulations governing the anchorage and period beginning with the first month of movement of any vessel, foreign or domes­ of the Treasury, to take full possession tic, in the territorial waters of the United and control of any vessel, foreign or do­ the next to the last completed calendar States, may inspect such vessel at any time, mestic, in the territorial waters of the quarter and ending with the date of place guards thereon, and, if necessary in United States, whenever it appears that death and any other statement which his opinion in order to secure such vessels the Board may deem necessary in carry­ from damage or injury, or to prevent dam­ such action is necessary in order to se­ age or injury to any harbor or waters' of the cure such vessels from damage or injury, ing out the provisions of the Act. United States, or to secure the observance of or to prevent damage or injury to any This report does not take the place of the rights and obligations of the United the regular reports of employee’s com­ States, may take, by and with the consent harbor or waters of the United States, of the President, for such purposes, full pos­ or to secure the observance of the rights pensation to the Bureau of Wage and session and control of such vessel and re­ and obligations of the United States. Service Records but represents an addi­ move therefrom the officers and crew thereof Pending action by the Secretary of the tional report with respect to deceased and all other persons not specially authorized employees. The regular reports will be by fri™ to go or remain on board thereof. Treasury, the collector of customs is au­ thorized to detain any such vessel and is rendered when due, including any By virtue of a proclamation issued on directed to communicate the facts by the amounts which may be reported as the the 27th day of June 1940,1 the above most expeditious means available to the result of the death of the employee. quoted provisions of law are now in full Secretary of the Treasury. By Authority of the Board. force and effect. (6) The Secretary of the Treasury may [seal] J ohn C. D avidson, Pursuant to the authority contained require all lighters, barges, ferries, tugs, Secretary. in the above quoted act, the following motor boats, sailboats, and similar craft Dated June 29, 1940. rules and regulations are hereby promul­ operating in the harbor or waters of any [P. R. Doc. 40-2713; Piled, July 1, 1940; gated: port of entry, to be especially licensed by 9:26 a. m.] the collector of customs for such purpose (1) All existing rules and regulations and may revoke any license so granted of any department, agency or instru­ for any failure to comply with the an­ mentality of the United States governing chorage or harbor regulations for such TITLE 21—FOOD AND DRUGS anchorage and movements of vessels in port, or to obey the orders issued there­ the territorial waters of the United States CHAPTER I—POOD AND DRUG under by any duly authorized officer, or ADMINISTRATION are hereby reaffirmed and continued in for any act inimical to the interests of force during the period of the present the United States in the present emer­ [Docket Nos. FDG-7-A and B] emergency, except as modified by these gency. I n the Matter of the P ublic Hearing rules and regulations. (7) No vessel shall depart from any for the P urpose of R eceiving Evi­ (2) The rules and regulations govern­ port or place in the United States, or dence U pon the Basis of Which Regu­ ing the anchorage of vessels herein re­ from any port or place subject to the lations May B e Promulgated Fixing affirmed or promulgated shall be enforced jurisdiction of the United States, on a and Establishing a D efinition and by the captain of the port, or where the voyage on which clearance by a customs S tandard of Identity for Cream, Licht port has no such officer, by an officer of officer of the United States is required, Cream, Coffee Cream, Table Cream and the Coast Guard or the Customs Service nnipss the principal customs officer in for Whipping Cream—Heavy Cream designated by the Secretary of the Treas­ charge of the port of departure shall REGULATIONS FIXING AND ESTABLISHING DEF­ ury. In any case where there are no applicable rules or regulations governing have been authorized by the Secretary INITIONS AND STANDARDS OF IDENTITY FOR the anchorage of vessels, all anchorage of the Treasury to permit the departure. THE CREAM AND WHIPPING CREAM CLASSES OF FOOD, AND FOR LIGHT CREAM OR COFFEE shall be in accordance with the direc­ [seal] H. Morgenthau, Jr., tions of the captain of the port or other Secretary of the Treasury. CREAM OR TABLE CREAM, AND FOR LIGHT WHIPPING CREAM, AND FOR HEAVY WHIP" officer designated by the Secretary of Approved June 27, 1940. PING CREAM OR HEAVY CREAM the Treasury pursuant to this section. F ranklin D R oosevelt, (3) The movement of any vessel be­ Upon consideration of the evidence re­ President. ceived in the above-entitled proceedings, tween points within the area of a port, [F. R. Doc. 40-2704; Filed, June 28, 1940; 15 PH. 2419. 4:29 p. m.] 14, PH. 1477. FEDERAL REGISTER, Tuesday, July 2, 1940 2443

the Presiding Officer’s report, and the ob­ for the classes of food known as cream j [Docket No. FDC-7-CJ jections thereto, and pursuant to the pro­ and whipping cream, and for light cream visions of the Federal Food, Drug, and or coffee cream or table cream, and for I n the Matter of the P ublic H earing Cosmetic Act (section 701, 52 Stat. 1055; light whipping cream, and for heavy for the P urpose of R eceiving Evidence 21 U.S.C. 371 (e); section 401, 52 Stat. whipping cream or heavy cream, should U pon the Basis of W hich R egulations 1046; 21 U.S.C. 341), findings of fact, be and hereby are promulgated as May B e P romulgated F ixing and Es­ upon the basis of which definitions and follows: tablishing D efinitions and S tandards standards of identity for the classes of of Identity for Evaporated Milk § 18.500 Cream class of food—Iden­ food known as cream and whipping regulations fixing and establishing def­ cream, and for light cream or coffee tity. Cream is the class of food which is the sweet, fatty liquid or semi-liquid sep­ initions AND STANDARDS OF IDENTITY FOR cream or table cream, and for light whip­ EVAPORATED MILK AND FOR CONCENTRATED ping cream, and for heavy whipping arated from milk, with or without the MILK cream or heavy cream are fixed and es­ addition thereto and intimate admixture tablished, are hereby made as follows: therewith of sweet milk or sweet skim Upon consideration of the evidence re­ milk. It may be pasteurized and if it ceived in the above-entitled proceeding, Finding 1 contains less than 30 percent of milk fat the Presiding Officer’s report, and the The sweet fatty liquid or semi-liquid as determined by the method hereinafter objections thereto, and pursuant to the separated from cows’ milk and contain­ referred to, it may be homogenized. It provisions of the Federal Food, Drug, and ing not less than 18 percent of milk fat contains not less than 18 percent of m ilk Cosmetic Act (section 701, 52 Stat. 1055; constitutes a class of food commonly fat, as determined by the method pre­ 21 U.S.C. 371 (e); section 401, 52 Stat. known as “cream”. scribed in “Official and Tentative Meth­ 1046; 21 U.S.C. 341), findings of fact, ods of Analysis of the Association of Offi­ upon the basis of which definitions and Finding 2 cial Agricultural Chemists”, Fourth Edi­ standards of identity for evaporated The desired percentage of fat in cream tion, 1935, page 277, under “Fat, Roese- milk and for concentrated milk are fixed is sometimes obtained by “adjusting” the Gottlieb Method—Official”. The word and established, are hereby made as cream, that is, by adding thereto and “milk” as used herein means cows’ m ilk follows: mixing therewith sweet milk or sweet §18.501 Light cream, coffee cream, Finding 1 skim milk. table cream—Identity. Light cream, The liquid food madje by evaporating Finding 3 Coffee Cream, Table Cream, conforms to part of the moisture from the sweet milk the definition and standard of identity Cream is frequently pasteurized. of cows, sealed in a container and so prescribed for the cream class of food by processed by heat as to prevent spoilage, Finding 4 § 18.500, except that it contains less than is commonly known as “evaporated Cream containing less than 30 percent 30 percent of milk fat, as determined by milk”. the method referred to in such section. of milk fat is commonly known as “light Finding 2 cream” or “coffee cream” or “table § 18.510 Whipping cream class of cream”. food—Identity. Whipping Cream is the The ratio of non-fat milk solids to milk class of food which conforms to the defi­ fat in evaporated milk is usually ad­ Finding 5 nition and standard of identity pre­ justed to a predetermined point before or Light cream is sometimes homogenized. scribed for the cream class of food by after evaporation, by the addition or ab­ § 18.500, except that it contains not less straction of cream or sweet skim milk, or Finding 6 than 30 percent of milk fat, as deter­ the addition of concentrated sweet skim Cream containing not less than 30 per­ mined by the method referred to in such milk. cent of milk fat constitutes a class of section. Finding 3 food commonly known as “whipping § 18.511 Light whipping cream—Iden­ cream”. tity. Light Whipping Cream conforms Evaporated milk is homogenized in the course of its preparation. Finding 7 to the definition and standard of iden­ tity prescribed for the whipping cream Finding 4 Whipping cream containing less than class of food by § 18.510, except that it 36 percent of milk fat is commonly contains less than 36 percent of milk fat, The concentration of evaporated m ilk known as “light whipping cream”. as determined by the method referred to is limited by the percent of non-fat milk in § 18.500. solids in the finished product, and con­ Finding 8 § 18.515 Heavy cream, heavy whip­ centration to a point where the non-fat Whipping cream containing not less ping cream—Identity. Heavy Cream, milk solids is not less than 18 percent is than 36 percent of milk fat is commonly Heavy Whipping Cream, conforms to the a reasonable degree of concentration known as “heavy whipping cream” or definition and standard of identity pre­ which can be and is accomplished by the heavy cream”. scribed for the whipping cream class of application of accepted commercial methods of manufacture. Finding 9 food by § 18.510, except that it contains not less than 36 percent of milk fat, as Finding 5 The fat content of cream can be deter­ determined by the method referred to mined with a reasonable degree of ac- in § 18.500. The advisory standard of identity for by the method prescribed in evaporated milk which was effective un­ Official and Tentative Methods of Anal­ It is ordered, That the foregoing regu­ der the Food and Drugs Act of June 30, ysis of the Association of Official Agri­ lations, as herein promulgated, become 1906, required evaporated milk to con­ cultural Chemists”, Fourth Edition, 1935, effective on the ninetieth day after this tain not less than 7.8 percent of milk fat order is published in the F ederal R egis­ and not less than 25.5 percent of total under “Fat, Roese-Gottlieb ter. Method—Official”, a method well known milk solids, and further required that the to and commonly used by chemists. Dated, Washington, D. C., June 28 sum of the percentages of milk fat and 1940. total milk solids be not less than 33.7 Conclusion [seal] H. A. Wallace, percent. of the foregoing findings Secretary of Agriculture. Finding 6 2 e S .fi JfStdations fixing and establish- g definitions and standards of identity [P. R. Doc. 40-2700; Filed, June 28, 1940- Under such advisory standard, the re­ No. 128-----2 12:30 p.m .] quirement of not less than 33.7 percent 2444 FEDERAL REGISTER, Tuesday, July 2, 1940 as the sum of the percentages of milk Finding 16 in a total quantity of not more than 0.1 fat and total milk solids, was usually met percent by weight of the finished evap­ The object of increasing the vitamin D orated milk. by adjusting the ratio of non-fat milk potency in evaporated milk is to increase solids to milk fat, so that the finished (2) Vitamin D in such quantity as in­ the nutritional value of such milk to an creases the total vitamin D content to not product would contain approximately 7.8 extent where the total vitamin D content percent of milk fat and 18.1 percent non­ less than 7.5 U. S. P. units per avoirdu­ is recognized by experts as being suffi­ pois ounce of finished evaporated milk. fat milk solids. cient to justify a claim of enhanced nu­ Finding 7 tritive value; such total vitamin D con­ It may be homogenized. It is sealed in In manufacturing evaporated milk so tent of evaporated milk is not less than a container and so processed by heat as that the finished product contains 7.8 .5 U. S. P. units per avoirdupois ounce. to prevent spoilage. (b) When optional ingredient (2) is percent milk fat and 25.9 percent total Finding 17 milk solids, manufacturers generally can present, the label shall bear the state­ and do remove some of the milk fat be­ Concentrated milk, which is also ment, “With Increased Vitamin D Con­ known as plain condensed milk, is a food tent” or Vitamin D Content Increased”. fore evaporation. of different identity from evaporated Such statement shall immediately and Finding 8 milk; concentrated milk differs from conspicuously precede or follow the name The ratio of non-fat milk splids to milk evaporated milk in the following respects: “Evaporated Milk”, without intervening fat in the average fluid market milk of 1. Concentrated milk is not processed written, printed, or graphic matter, wher­ ever such name appears on the label so the Nation is about 2.275; such ratio is a by heat. proper ratio of non-fat milk solids to milk 2. Concentrated milk may or may not conspicuously as to be easily seen under fat in evaporated milk. be homogenized. customary conditions of purchase. (c) For the purpose of this section— Finding 9 3. None of the stabilizing ingredients named in Finding 11, nor any other (1) The word “milk” means cows’ milk. A reasonable minimum for milk fat in stabilizing ingredient, is used in concen­ (2) Such milk may be adjusted, before evaporated milk is 7.9 percent; and a trated milk. or after evaporation, by the addition or reasonable minimum for total milk solids 4. The container of concentrated milk abstraction of cream or sweet skim milk, therein, which permits flexibility in com­ may be unsealed. or by the addition of concentrated sweet pensating lower non-fat milk solids with skim milk. higher milk fat, is 25.9 percent. Finding 18 (3) The quantity of milk fat is deter­ Finding 10 The quantity of milk fat in evaporated mined by the method prescribed under milk and in concentrated milk can be “Fat—Official” on page 280, and the During certain seasons of the year and determined with a reasonable degree of quantity of total milk solids is deter­ in certain localities of the country, sweet accuracy by the method prescribed under mined by the method prescribed under milk is unstable, that is, it becomes lumpy "Total Solids—Official” on page 279, and “Total Solids—Official” on page 279, of or grainy or excessively thick after evap­ the quantity of milk fat can be deter “Official and Tentative Methods of Anal­ oration and sealing in a container and mined with a reasonable degree of ac­ ysis of the Association of Official Agri­ processing by heat. curacy by the method prescribed under cultural Chemists”, Fourth Edition, 1935. Finding 11 Fat—Official” on page'280, of “Official (4) Vitamin D content may be in­ and Tentative Methods of Analysis of the creased by the application of radiant Such unstable milk can be and is ren­ Association of Official Agricultural Chem­ energy or by the addition of a concen­ dered stable by the addition thereto of ists”, Fourth Edition, 1935. trate of vitamin D (with any accompany­ disodium phosphate or sodium citrate or Finding 19 ing vitamin A when such vitamin D in both, or of calcium chloride, in a total such concentrate is obtained from nat­ quantity not more than 0.1 percent by The quantity of vitamin D in evapo ural sources) dissolved in a food oil; but weight of the finished evaporated milk. rated milk and concentrated milk can be if such oil is not milk fat the quantity Finding 12 determined with a reasonable degree of thereof added is hot more than 0.01 per­ accuracy by the method prescribed in cent of the weight of the finished evapo­ Sodium bicarbonate can also be used the “The Second Supplement to the rated milk. and sometimes is used by some manu­ Pharmacopoeia of the United States of . (5) The quantity of vitamin D is de­ facturers for the purpose of stabilizing America Eleventh Decennial Revision”, termined by the method prescribed in the milk but it can be and sometimes is used pages 132-134 inclusive, and pages 136- “The Second Supplement to the Pharma­ for the purpose of neutralizing sourness 138 inclusive, with such modification of copoeia of the United States of America so as to permit the use of unfit milk. the method of feeding as is necessary for Eleventh Decennial Revision”, pages Finding 13 feeding evaporated milk instead of oil. 132-134 inclusive, and pages 136-138 in­ Conclusion clusive, with such modification of the The vitamin D potency of evaporated method of feeding as is necessary for milk is increased sometimes, either by On the basis of the foregoing findings evaporated milk instead of an oil. the application of radiant energy or by of fact, regulations fixing and establish­ the addition of a concentrate of vitamin ing definitions and standards of identity § 18.525 Concentrated milk, plain D dissolved in food oil. for evaporated milk and for concentrated condensed milk—Identity—Label state­ ment of optional ingredients. Concen­ Finding 14 milk should be and hereby are promul­ gated as follows: trated milk, plain condensed milk, con­ When the food oil in which the vitamin forms to the definition and standard of § 18.520 Evaporated milk—Identity— identity, and is subject to the require­ D concentrate is dissolved is not milk Label statement of optional ingredients. fat, the quantity of such oil is not more ments for label statement of optional in­ than 0.01 percent of the weight of the (a) Evaporated milk is the liquid food gredients, prescribed for evaporated made by evaporating sweet milk to such milk by § 18.520, except that: finished evaporated milk. point that it contains not less than 7.9 Finding 15 percent of milk fat and not less than 25.9 ( 1 ) It is not processed by heat; percent of total milk solids. It may con­ ( 2) Its container may be unsealed; and When the vitamin D in such concen­ tain one or both of the following optional (3) Optional ingredient (1) is not trate is obtained from natural sources by ingredients: used. the application of accepted commercial methods, some vitamin A accompanies (1) Disodium phosphate or sodium ci­ It is ordered, That the foregoing regu­ such vitamin D. trate or both, or calcium chloride, added lations become effective on the ninetieth FEDERAL REGISTER, T uesday, July 2, 1940 2445 day after this order is published in the Finding 6 (3) Milk fat is determined by the method prescribed in “Official and Ten­ Federal R egister. The advisory standard of identity for Dated, Washington, D. C., June 28, tative Methods of Analysis of the Asso­ sweetened condensed milk which was ef­ ciation of Official Agricultural Chemists”, 1940, fective under the Food and Drugs Act • [seal] H. A. Wallace, Fourth Edition, 1935, page 281, under of June 30, 1906, required sweetened con­ “Fat—Official”. Secretary of Agriculture. densed milk to contain not less than 8.0 [F. R. Doû. 40-2701; Filed, June 28, 1940; percent of milk fat and not less than 28.0 It is ordered, That the foregoing regu­ 12:30 p.m.] percent of total milk solids. lation become effective on the ninetieth day after this order is published in the Finding 7 F ederal R egister. [Docket No. FDC-7-D] In manufacturing sweetened con­ Dated, Washington, D. C., June 28, 1940. In the Matter of the P ublic Hearing densed milk so that the finished product [seal] H. A. Wallace, for the P urpose of R eceiving Evidence contains 8.0 percent fat and 28.0 percent Secretary of Agriculture. Upon the B asis of W hich R egulations total milk solids, manufacturers gener­ May Be Promulgated F ixing and Es­ ally can and do remove some of the milk [F. R. Doc. 40-2702; Filed, June 28, 1940; 12:31 p. m.] tablishing a D efinition and Standard fat before evaporation. of Identity for S weetened C ondensed Finding 8 Milk The ratio of non-fat milk solids to REGULATION FIXING AND ESTABLISHING A milk fat in the average fluid market milk TITLE 26—INTERNAL REVENUE DEFINITION AND STANDARD OF IDENTITY of the Nation is about 2.275; such ratio CHAPTER I—BUREAU OF INTERNAL FOR SWEETENED CONDENSED MILK is a proper ratio for non-fat milk solids REVENUE Upon consideration of the evidence re­ to milk fat in sweetened condensed milk. [TJD. 4978] ceived in the above-entitled proceeding, Finding 9 the Presiding Officer’s report, and the ob­ Income Tax jections filed thereto, and pursuant to the Sweetened condensed milk, containing DEDUCTION OF BAD DEBTS BY BANKS OR OTHER provisions of the Federal Food, Drug, and not less than 28 percent total milk solids CORPORATIONS WHICH ARE SUBJECT TO Cosmetic Act (section 701, 52 Stat. 1055; and having approximately such ratio of SUPERVISION BY FEDERAL AUTHORITIES, OR 21 U.S.C. 371 (e ); section 401, 52 Stat. non-fat milk solids to milk fat, contains BY STATE AUTHORITIES MAINTAINING SUB­ 1046; 21 U.S.C. 341), findings of fact, not less than 8.5 percent milk fat. STANTIALLY EQUIVALENT STANDARDS upon the basis of which a definition and Finding 10 To Collectors of Internal Revenue and standard of identity for sweetened con­ Others Concerned: densed milk is fixed and established, are The quantity of milk fat in sweetened hereby made as follows: condensed milk can be determined with Paragraph (c) of § 19.23 (k)-l of Reg­ ulations 1031 [Part 19, Title 26, Code of Finding 1 a reasonable degree of accuracy by the method prescribed in “Official and Tenta­ Federal Regulations, 1940 Sup.], para­ The liquid or semi-liquid food pre­ tive Methods of Analysis of the Associ­ graph (c) of article 23 (k )-l of Regula­ pared by evaporating part of the mois­ ation of Official Agricultural Chemists”, tions 1011 [§ 9.23 (k)-l, Title 26, Code of ture from a mixture of the sweet milk of Fourth Edition, 1935, page 281, under the Federal Regulations, 1939 Sup.], the last cows and a saccharine ingredient is com­ caption “Fat—Official”, a method well paragraph of article 23 (k )-l of Regula­ monly known as sweetened condensed known to and commonly used by tions 94 [§ 3.23 (k )-l, Title 26, Code of Diilk. . chemists. Federal Regulations], and the last para­ graph of article 23 (k )-l of Regulations Finding 2 Conclusion 86 and of article 191 of Regulations 77, The saccharine ingredient in sweet­ On the basis of the foregoing findings both as amended by T.D. 4633,3 approved ened condensed milk is refined sugar of fact, a regulation fixing and establish­ April 3, 1936, are each amended to read (sucrose) or any mixture of refined sugar ing a definition and standard of identity as follows [the paragraph designation of (sucrose) and refined corn sugar (dex- j for sweetened condensed milk should be (c) not being included in the amendment trose), and hereby is promulgated as follows: of Regulations 94, 86, and 771: Finding 3 § 18.530 Stoeetened condensed milk— (c) Where banks or other corpora­ The quantity of the saccharine ingredi­ Identity, (a) Sweetened Condensed Milk tions which are subject to supervision is the liquid or semi-liquid food made by by Federal authorities (or by State au- ent in sweetened condensed milk is suf­ th o r itie s maintaining substantially ficient to prevent spoilage of the finished evaporating a mixture of sweet milk and product. refined sugar (sucrose) or any combina­ equivalent standards) in obedience to tion of refined sugar (sucrose) and re­ the specific orders of such supervisory Finding 4 fined corn sugar (dextrose) to such point officers charge off debts in whole or in The ratio of non-fat milk solids to milk that the finished sweetened condensed part, such debts shall be conclusively fat in sweetened condensed milk is usu­ milk contains not less than 28.0 percent presumed, for income tax purposes, to ally adjusted to a predetermined point, of total milk solids and not less than be worthless or recoverable only in part, before or after evaporation, by the addi­ 8.5 percent of milk fat. The quantity of as the case may be, but in order that tion or abstraction of cream or sweet refined sugar (sucrose) or combination any amount of the charge-off may be al­ skim milk, or the addition of concen­ of such sugar and refined corn sugar lowed as a deduction for any taxable trated sweet skim milk. (dextrose) used is sufficient to prevent year it must be shown that the charge- spoilage. off took place within such taxable year. Finding 5 ■ But no such debt shall be so conclusively A concentration of sweetened con­ (b) For the purpose of this section— presumed to be worthless or recoverable densed milk to a point where the total (1) The word “milk” means cows’ milk. only in part, as the case may be, if the milk solids is not less than 28.0 percent (2) Such milk may be adjusted, before amount so charged off is not claimed as is a reasonable minimum degree of con­ or after evaporation, by the addition or a deduction for the taxable year in which centration which can be and is accom­ abstraction of cream or sweet skim milk, 1 5 F.R. 348, 437, 569. plished by the application of accepted or the addition of concentrated sweet 2 4 F.R. 616, 700, 802. commercial methods of manufacture. skim milk. 3 1 FJR. 122. 2446 IRAL REGISTER, Tuesday, July % 1940 such charge-off takes places. If a tax­ It is ordered, That the “Order Pre­ pensation but shall be entitled to actual payer does not claim a deduction in its scribing Due and Reasonable Maximum return for such a totally or partially and necessary transportation, subsist­ Discounts and Establishing Rules and ence, and other expenses incidental to worthless debt for the year in which such Regulations for the Registration of Dis­ charge-off takes place, but claims such a the performance of their duties. tributors and Rules and Regulations for The Committee shall correlate and deduction for a later year, then such the Registration of Bona Fide Le­ charge-off in the prior year will be support scientific research on the gitimate Farmers’ Cooperative Organi­ mechanisms and devices of warfare, ex­ deemed to have been involuntary and zations,” dated June 19, 1940, in the the deduction shall be allowed for the cept those relating to problems of flight above-entitled matter be and the same is included in the field of activities of the year for which claimed, if the taxpayer hereby corrected by inserting at the bot­ produces sufficient evidence to show (1) National Advisory Committee for Aero­ tom of page 7 of said Orderx the nautics. It shall aid and supplement that the amount claimed in such later following: year was ascertained to be worthless or the experimental and research activities recoverable only in part, as the case may “It is therefore ordered, That, in ac­ of the War and Navy Departments; be, in such year, and (2) that, to the ex­ cordance with the Findings of Fact, Con­ and may conduct research for thé tent that the deduction claimed in the clusions and Opinion of the Director en­ creation and improvement of instru­ tered herewith, the following maximum mentalities, methods, and materials of later year was not involuntarily charged warfare. In carrying out its functions off in prior years, it was charged off in discounts are found to conform to the the later year. requirements of Section 4 of the Act, and the Committee may (a) utilize, to thè % the same be and are hereby prescribed, extent that such facilities are available (This Treasury Decision is issued under and ordered to be effective on the samp for such purpose, the laboratories, the authority contained in sections 23 (k) date prescribed as the effective date of equipment and services of the National and 62 of the Internal Revenue Code minimum prices established under Sec­ Bureau of Standards and other Gov­ (53 Stat. 13, 32), and sections 23 (k) tion 4, n (b) of the Act: ernment institutions; and (b) within and 62 of the Revenue Acts of 1938, 1936, the limits of appropriations allocated to 1934, and 1932 (52 Stat. 460, 480,26 U.S.C. “(1) For the coals produced in Districts it, transfer funds to such institutions, Sup. 23 (k), 62; 49 Stat. 1658, 1673, 26 Nos. 1, 2, 3, 4, 6, 7, and 8, maximum dis­ and enter into contracts and agreements U.S.C. Sup. 23 (k), 62; 48 Stat. 688, 700, counts equal to the maximum discounts with individuals, educational or scien­ 26 U.S.C. 23 (k), 62; and 47 Stat. 179, permitted on coal sold to registered dis­ tific institutions (including the National 191)) tributors for resale to consumers. Academy of Sciences and the National “ (2) For the coals produced in Districts Research Council) and industrial organ­ [seal] Gu y T. H elvering, Nos. 5 and 9-23, maximum discounts Commissioner of Internal Revenue. izations for studies, experimental in­ equal to the maximum discounts permit­ vestigations, and reports. Approved, June 27, 1940. ted on coal sold to registered distribu­ tors.” The Committee shall promulgate rules Herbert E. Gaston, and regulations for the conduct of its Acting Secretary of thé Treasury. Dated, June 27, 1940. work, which rules and regulations shall [F. R. Doc. 40-2703; Filed, June 28, 1940; [seal] H. A. G ray, be subject to the approval of the Coun­ 4:10 p. m.] Director. cil and the President. [F. R. Doc. 40-2642; Filed, June 28, 1940; Lours J ohnson, 11:32 a. m.] Acting Secretary of War. Lewis Compton, TITLE 30—MINERAL RESOURCES Acting Secretary of the Navy. CHAPTER I—BITUMINOUS COAL H arold L. Ickes, DIVISION TITLE 32—NATIONAL DEFENSE Secretary of the Interior. [General Docket No. 12] CHAPTER VI—COUNCIL OF H. A. Wallace, Secretary of Agriculture. n the atter of rescribing ue and NATIONAL DEFENSE I M P D H arry L. Hopkins, R easonable Maximum D iscounts or Order Establishing the National Secretary of Commerce. rice llowances by ode embers P A C M D efense R esearch Committees F rances P erkins, to “Distributors” U nder S ection 4, II Pursuant to authority vested in it by Secretary of Labor. (h ) , of the B ituminous Coal Act of section 2 of the Act of August 29, 1916 1937, and Establishment of R ules and Approved: (39 Stat. 649), the Council of National F ranklin D R oosevelt R egulations for the Maintenance and Defense, with the approval of the Presi­ Observance by D istributors in the dent, hereby establishes as a subordinate T he W hite House, R esale of Coal, of the P rices and body to the Council a committee to be June 27,1940. Marketing R ules and R egulations known as the National Defense Research P rovided by S ection 4 of the Act [F. R. Doc. 40-2709; Filed, June 29, 1940; Committee. The following persons shall 12:35 p. m.] ORDER CORRECTING ERROR IN THE “ORDER be members of the Committee: Dr. Van- PRESCRIBING DUE AND REASONABLE MAXI­ nevar Bush, who shall be Chairman, Dr. MUM DISCOUNTS AND ESTABLISHING RULES James B. Conant, Dr. Richard C. Tol- Order Establishing the Office for AND REGULATIONS FOR THE REGISTRATION man, Dr. Karl T. Compton, Dr. Frank Coordination of National D efense OF DISTRIBUTORS AND RULES AND REGULA­ B. Jewett (as President of the National P urchases TIONS FOR THE REGISTRATION OF BONA Academy of Sciences), Conway P. Coe FIDE AND LEGITIMATE FARMERS’ COOPERA­ (as Commissioner of Patents), one officer Pursuant to authority vested in it by TIVE ORGANIZATIONS,” DATED JUNE 19, of the Army to be designated by the Sec­ section 2 of the Act of August 29, 1916 1940, IN THE ABOVE-ENTITLED MATTER retary of War and one officer of the Navy (39 Stat. 649), the Council of National Defense, with the approval of the Presi­ It appearing that the maximum dis­ to be designated by the Secretary of the Navy. Vacancies occurring in the mem­ dent, hereby establishes as a subordinate counts that may be allowed to registered body to the Council an office to be known farmers’ cooperative organizations, as set bership of the Committee shall be filled by appointment by the Council with the as the Office for Coordination of Na­ forth in the conclusions on Page 58 of tional Defenses Purchases, at the head the “Findings of Fact, Conclusions and approval of the President. The members of the Committee and of such subcom­ of which there shall be a Coordinator of Opinion of the Director,” dated June 19, National Defense Purchases (hereinafter 1940, in the above-entitled matter, were mittees as may be formed by the Com­ mittee shall serve as such without com- referred to as the Coordinator). The inadvertently omitted in the aforesaid Coordinator shall serve as such without Order dated June 19, 1940, where their 1 Page 7 of original document concludes compensation but shall be entitled to inclusion was intended; therefore, with District No. 23 (5 F.R. 2346), actual and necessary transportation, FEDERAL REGISTER, T u esday, J u ly 2, 1940 2447 subsistence and other expenses inci­ the basis of the recommendation of the dental to the performance of his duties. N otices Colorado State Farm Security Advisory The Office for Coordination of Na­ Committee, the following counties are tional Defense shall, in cooperation with hereby designated as those in which the Advisory Commission: DEPARTMENT OF AGRICULTURE. loans, pursuant to said Title, may be made under the provisions of said Order (1) establish and maintain liaison be­ Farm Security Administration. for the fiscal year ending June 30, 1941: tween the Advisory Commission, the sev­ Designation op Counties for T enant (1) those counties which were designated eral departments and establishments of P urchase Loans for the making of loans for the fiscal year the Government and with such other ALABAMA ending June 30, 1940; and (2) the fol­ agencies, public or private, as the Coor­ lowing additional counties: dinator may deem necessary or desirable J une 28, 1940. Adams, Routt, and Weld. to insure proper coordination of, and Pursuant to the provisions of Title I of economy and efficiency in, purchases by the Bankhead-Jones Farm Tenant Act, [seal] H. A. Wallace, the Government of supplies, equipment, and Section H 3 of Administration Order Secretary of Agriculture. munitions, and other material require­ 230 of the Farm Security Administration, [P. R. Doc. 40-2676; Piled, June 28, 1940; ments essential to the national defense; issued thereunder, and upon the basis of 11:49 a. m.] (2) determine the most economical and the recommendation of the Alabama effective methods of purchase of repeti­ State Farm Security Advisory Commit­ tive items common to several agencies tee, the following counties are hereby Designation op Counties for T enant and to assign the purchase function to designated as those in which loans, pur­ the agency or agencies best qualified to suant to said Title, may be made under P urchase Loans perform it, provided that the War and the provisions of said Order for the fiscal DELAWARE Navy Departments shall have authority year ending June 30, 1941: (1) those J une 28, 1940. for making purchases necessary for the counties which were designated for the national defense, subject to such coor­ making of loans for the fiscal year ending Pursuant to the provisions of Title I dination as may be required to establish June 30, 1940; and (2) the following of the Bankhead-Jones Farm Tenant priorities; additional county: Act, and Section H 3 of Administration (3) collect, compile and keep current Order 230 of the Farm Security Admin­ statistics on purchases made by Federal Jackson. istration, issued thereunder, and upon agencies; [seal] H. A. W allace, the basis of the recommendation of the (4) coordinate the research in pro­ Secretary of Agriculture. Delaware State Farm Security Advisory curement specifications and standardiza­ Committee, the following counties are tion now conducted by the different Fed­ [F. R. Doc. 40-2684; FUed, June 28, 1940; hereby designated as those in which eral agencies; 11:51a.m.] loans, pursuant to said Title, may be (5) determine and keep current com­ made under the provisions of said Order bined immediate material requirements for the fiscal year ending June 30, 1941: of all Federal agencies, and estimate fu­ Designation op Counties for T enant (1) those counties which were designated ture requirements so as to facilitate pin­ P urchase Loans for the making of loans for the fiscal year chases and to cushion the impact of such ARKANSAS ending June 30, 1940; and (2) the fol­ orders on the National economy; lowing additional county: J une 28, 1940. (6) review existing laws and recom­ New Castle. mend to the President such new legisla­ Pursuant to the provisions of Title I tion and simplification of existing legis­ of the Bankhead-Jones Farm Tenant [seal] H. A. W allace, lation as may be necessary to make Gov­ Act, and Section H 3 of Administration Secretary of Agriculture. ernment purchasing more efficient and Order 230 of the Farm Security Admin­ [P. R. Doc. 40-2661; Piled, June 28, 1940; effective; istration, issued thereunder, and upon 11:47 a. m.] (7) investigate the necessity for and the basis of the recommendation of the make recommendations to the President Arkansas State Farm Security Advisory relative to the granting of priority to or­ Committee, the following counties are hereby designated as those in which Designation of Counties for T enant ders for material essential to the na­ P urchase Loans tional defense over deliveries for private loans, pursuant to said Title, may be account or for export. made under the provisions of said Order GEORGIA for the fiscal year ending June 30, 1941: J une 28,1940. Donald M. Nelson is hereby appointed (1) those counties which were designated Coordinator of National Defense Pur­ for the making of loans for the fiscal Pursuant to the provisions of Title I chases. year ending June 30, 1940, and (2) the of the Bankhead-Jones Farm Tenant Act, and Section n 3 of Administration Or­ Louis J ohnson, following additional county: Acting Secretary of War. der 230 of the Farm Security Adminis­ Newton. tration, issued thereunder, and upon the Lew is Compton, Acting Secretary of the Navy. [seal] H. A. Wallace, basis of the recommendation of the Georgia State Farm Security Advisory H arold L. I ckes, Secretary of Agriculture. Secretary of the Interior. Committee, the following counties are [P. R. Doc. 40-2668; Piled, June 28, 1940; hereby designated as those in which H. A. Wallace, 11:48 a. m.] Secretary of Agriculture. loans, pursuant to said Title, may be made under the provisions of said Order Harry L. H opkins, for the fiscal year ending June 30, 1941: Secretary of Commerce. D esignation op Counties for T enant (1) those counties which were designated F rances P erkins, P urchase Loans Secretary of Labor. for the making of loans for the fiscal year COLORADO ending June 30,1940; and (2) the follow­ Approved: J une 28, 1940. ing additional counties: Franklin D Roosevelt. Pursuant to the provisions of Title I Atkinson, Banks, Ben Hill, Bleckley, The W hite H ouse, of the Bankhead-Jones Farm Tenant Catoosa, Clarke, Dade, Decatur, Dough­ June 27, 1940. Act, and Section H 3 of Administration erty, Gilmer, Glascock, Habersham, Irwin, Jeff Davis, Lanier, Lincoln, Lumpkin, IF. R. Doc. 40-2710; Piled, June 29, 1940; Order 230 of the Farm Security Admin­ 12:35 p. m.j istration, issued thereunder, and upon Miller, Monroe, Peach, Pierce, Quitman, 2448 FEDERAL REGISTER, Tuesday, July 2, 1940

Rabun, Rockdale, Schley, Taliaferro, D esignation of Counties for T enant Order 230 of the Farm Security Admin­ Twiggs, Ware, Webster, and Wheeler. P urchase Loans istration, issued thereunder, and upon [seal] h . A. W allace, IOWA the basis of the recommendation of the Secretary of Agriculture. J une 28, 1940. Maine ^ State Farm Security Advisory Committee, the following counties are [P. R. Doc. 40-2683; Piled, June 28, 1940; Pursuant to the provisions of Titlè I of 11:51 a. m.j hereby designated as those in which the Bankhead-Jones Farm Tehant Act, loans, pursuant to said Title, may be and Section H 3 of Administration Or­ made under the provisions of said Order der 230 of the Farm Security Adminis­ for the fiscal year ending June 30, 1941: D esignation of Counties for T enant tration, issued thereunder, and upon the P urchase Loans (1) those counties which were designated basis of the recommendation of the Iowa for the making of loans for the fiscal year INDIANA State Farm Security Advisory Committee, ending June 30, 1940; and (2) the fol­ the following counties are hereby desig­ lowing additional county: J une 28,1940. nated as those in which loans, pursuant Pursuant to the provisions of Title I to said Title, may be made under the York. of the Bankhead-Jones Farm Tenant provisions of said Order for the fiscal [seal] H. A. Wallace, Act, and Section n 3 of Administrate on year ending June 30, 1941: (1) those Secretary of Agriculture. Order 230 of the Farm Security Admin­ counties which were designated for the making of loans for the fiscal year end­ [P\ R. Doc. 40-2665; Piled, June 28, 1940’ istration, isstied thereunder, and upon 11:47 a. m.j the basis of the recommendation of the ing June 30, 1940; and (2) the following Indiana State Farm Security Advisory additional counties: Committee, the following counties are Audubon, Benton, Buchanan, Butler, hereby designated as those in which Designation of Counties for T enant Cass, Cerro Gordo, Chickasaw, Crawford, P urchase Loans loans, pursuant to said Title, may be Dallas, Decatur, Delaware, Dickinson, made under the provisions of said Order Keokuk, Lucas, Monroe, Montgomery, MARYLAND for the fiscal year ending June 30, 1941: Palo Alto, Sac, Warren, and Winnebago. J une 28, 1940. (1) these counties which were designated for the making of loans for the fiscal year [seal] h . A. W allace, Pursuant to the provisions of Title I ending June 30,1940; and (2) the follow­ Secretary of Agriculture. of the Bankhead-Jones Farm Tenant ing additional counties: [P. R. Doc. 40-2690; Piled, June 28, 1940; Act, and Section H 3 of Administration 11:52 a. m.] Order 230 of the Farm Security Adminis­ Carroll, Knox, Madison, Montgomery, tration, issued thereunder, and upon the Noble, Rush, and Wayne. basis of the recommendation of the [seal] h . A. W allace, Désignation of Counties for T enant Maryland State Farm Security Advisory Secretary of Agriculture. Purchase Loans Committee, the following counties are hereby designated as those in which [P. R. Doc. 40-2686; Piled, June 28, 1940; KANSAS loans, pursuant to said Title, may be 11:51 a. m.J J une 28, 1940. made under the provisions of said Order Pursuant to the provisions of Title I for the fiscal year ending June 30, 1941: of the Bankhead-Jones Farm Tenant (1) those counties which were designated Designation of Counties for T enant Act, and Section n 3 of Administration for the making of loans for the fiscal year P urchase Loans Order 230 of the Farm Security Admin­ ending June 30, 1940; and (2) the fol­ istration, issued thereunder, and upon lowing additional counties : ILLINOIS the basis of the recommendation of the Dorchester, Talbot, Howard, and St. J une 28, 1940. Kansas State Farm Security Advisory Mary’s. Pursuant to the provisions of Title I of Committee, the following counties are hereby designated as those in which [seal] H. A. Wallace, the Bankhead-Jones Farm Tenant Act, Secretary of Agriculture. and Section II 3-of Administration Order loans pursuant to said Title, may be made under the provisions of said Order for [F. R. Doc. 40-2662; Plied, June 28, 1940; 230 of the Farm Security Administra­ 11:47 a. m.] tion, issued thereunder, and upon the the fiscal year ending June 30, 1941: (1) basis of the recommendation of the Illi­ those counties which were designated for nois State Farm Security Advisory Com­ the making of loans for the fiscal year mittee, the following counties are hereby ending June 30, 1940; and (2) the fol­ Designation of Counties for T enant designated as those in which loans, pur­ lowing additional counties: P urchase Loans suant to said Title, may be made under Allen, Clay, Coffey, Cowley, Douglas, MICHIGAN the provisions of said Order for the fiscal Edwards, Mitchell, and Osage. year ending June 30, 1941: (1) those J une 28, 1940. counties which were designated for the [seal] H. A. Wallace, Pursuant to the provisions of Title I making of loans for the fiscal year end­ Secretary of Agriculture. of the Bankhead-Jones Farm Tenant Act, and Section I I 3 of Administration Order ing June 30, 1940; and (2) the following [P. R. Doc. 40-2680; Piled, June 28, 1940; 11:50 a. m.] 230 of the Farm Security Administration, additional counties: issued thereunder, and upon the basis of Adams, Christian, Clark, Clay, Edgar, the recommendation of the Michigan Ford, Franklin, Henry, Schuyler, Jo Designation of Counties for T enant State Farm Security Advisory Commit­ Daviess, Livingston, McHenry, Macon, P urchase Loans tee, the following counties are hereby Macoupin, Mason, Monroe, Ogle. designated as those in which loans, pur­ MAINE suant to said Title, may be made under [seal] H. A. Wallace, J une 28, 1940. the provisions of said Order for the fis­ Secretary of Agriculture. Pursuant to the provisions of Title I cal year ending June 30, 1941: (1) those [P. R. Doc. 40-2687; Piled, June 28, 1940; of the Bankhead-Jones Farm Tenant counties which were designated for the 11:51 a. m.] Act, and Section U 3 of Administration making of loans for the fiscal year end- FEDERAL REGISTER, Tuesday, July 2, 1940 2449 ing June 30, 1940; and (2) the following and Section n 3 of Administration Order year ending June 30, 1941: (1) those additional counties: 230 of the Farm Security Administration, counties which were designated for the issued thereunder, and upon the basis making of loans for the fiscal year end­ Allegan, Clinton, and Sanilac. of the recommendation of the Missouri ing June 30, 1940; and (2) the following [seal] H. A. W allace, State Farm Security Advisory Commit­ additional counties: Secretary of Agriculture. tee, the following counties are hereby Brown, Dixon, Fillmore, Howard, Knox, [P R. Doc. 40-2691; Piled, June 28, 1940; designated as those in which loans, pur­ Lincoln, Red Willow, and Seward. 11:52 a. m.] suant to said Title, may be made under the provisions of said Order for the fiscal [seal] H. A. W allace, year ending June 30, 1941: (1) those Secretary of Agriculture. Designation of Counties for T enant counties which were designated for the [F. R. Doc. 40-2681; Piled, June 28, 1940; P urchase Loans making of loans for the fiscal year ending 11:50 a. m.] June 30, 1940; and (2) the following ad­ MINNESOTA ditional counties: J une 28,1940. Andrew, Barry, Callaway, Cass, Chari­ D esigitation of Counties for T enant Pursuant to the provisions of Title I of ton, Dade, Dent, Harrison, Henry, Lewis, P urchase Loans the Bankhead-Jones Farm Tenant Act, Lincoln, Livingston, Morgan, New Ma­ and Section II 3 of Administration Order drid, Perry, Pettis, Ralls, Ray, Scotland, NEW HAMPSHIRE 230 of the Farm Security Administration, and Scott. issued thereunder, and upon the basis of J une 28. 1940. the recommendation of the Minnesota [seal] H. A. W allace, Pursuant to the provisions of Title I of State Farm Security Advisory Committee, Secretary of Agriculture. the Bankhead-Jones Farm Tenant Act, the following counties are hereby desig­ [P. R. Doc. 40-2689; Piled, June 28, 1940; and Section n 3 of Administration Or­ nated as those in which loans, pursuant 11:52 a. m.j der 230 of the Farm Security Adminis­ to said Title, may be made under the tration, issued thereunder, and upon the provisions of said Order for the fiscal basis of the recommendation of the New year ending June 30, 1941: (1) those Hampshire State Farm Security Advisory D esignation of Counties for T enant Committee, the following counties are counties which were designated for the P urchase Loans making of loans for the fiscal year ending hereby designated as those in which June 30, 1940; and (2) the following ad­ MONTANA loans, pursuant to said Title, may be ditional counties: made under the provisions of said Order June 28,1940. for the fiscal year ending June 30, 1941: Big Stone, Chippewa, Grant, Lincoln, Pursuant to the provisions of Title I of (1) those counties which were designated Rock, and Yellow Medicine. the Bankhead-Jones Farm Tenant Act, for the making of loans for the fiscal [seal] H. A. Wallace, and Section H 3 of Administration Or­ year ending June 30, 1940; and (2) the Secretary of Agriculture. der 230 of the Farm Security Adminis­ following additional county: tration, issued thereunder, and upon the [P. R. Doc. 40-2679; Filed, June 28, 1940; Merrimac. 11:50 a. m.] basis of the recommendation of the Mon­ tana State Farm Security Advisory Com­ [seal] H. A. W allace, mittee, the following counties are hereby Secretary of Agriculture. designated as those in which loans, pur­ Designation of Counties for Tenant [F. R. Doc. 40-2693; Filed, June 28, 1940; suant to said Title, may be made under 11:53 a. m.] P urchase Loans the provisions of said Order for the fiscal MISSISSIPPI year ending June 30, 1941: (1) those J une 28, 1940. counties which were designated for the making of loans for the fiscal year end­ D esignation of Counties for T enant Pursuant to the provisions of Title I ing June 30, 1940; and (2) the following P urchase Loans of the Bankhead-Jones Farm Tenant additional counties: Act, and Section II 3 of Administration NEW JERSEY Order 230 of the Farm Security Admin­ Carbon, and Lake. J une 28, 1940. istration, issued thereunder, and upon [seal] H. A. W allace, Pursuant to the provisions of Title I of the basis of the recommendation of the Secretary of Agriculture. Mississippi State Farm Security Advisory the Bankhead-Jones Farm Tenant Act, Committee, the following counties are [P. R. Doc. 40-2675; Piled, June 28, 1940; and Section H 3 of Administration Order hereby designated as those in which 11:49 a. m.] 230 of the Farm Security Administra­ loans, pursuant to said Title, may be tion, issued thereunder, and upon the made under the provisions of said Order basis of the recommendation of the New for the fiscal year ending June 30, 1941 : Jersey State Farm Security Advisory D esignation of Counties for T enant Committee, the following counties are P urchase Loans All counties in Mississippi. here by designated as those in which [seal] H. A. W allace, NEBRASKA loans, pursuant to said Title, may be Secretary of Agriculture. J une 28, 1940. made under the provisions of said Order for the fiscal year ending June 30, 1941: [P. R. Doc. 40-2669; PUed, June 28, 1940; Pursuant to the provisions of Title I (1) those counties which were designated 11:48 a. m.] of the Bankhead-Jones Farm Tenant Act, for the making of loans for the fiscal and Section n 3 of Administration Order year ending June 30, 1940; and (2) the 230 of the Farm Security Administration, following additional counties: Designation of Counties for T enant issued thereunder, and upon the basis of P urchase Loans the recommendation of the Nebraska Camden, and Cumberland. State Farm Security Advisory Commit­ MISSOURI [seal] H. A. Wallace, tee, the following counties are hereby Secretary of Agriculture. J une 28, 1940. designated as those in which loans, pur­ Pursuant to the provisions of Title I suant to said Title, may be made under [P. R. Doc. 40-2663; Filed, June 28, 1940; of the Bankhead-Jones Farm Tenant Act, the provisions of said Order for the fiscal 11:47 a. m.] 2450 FEDERAL REGISTER, Tuesday, July 2, 1940

D esignation of Counties for T enant (1) those counties which were designated D esignation of Counties for T enant P urchase Loans for the making of loans for the fiscal P urchase Loans NEW YORK year ending June 30, 1940; and (2) the following additional counties; PENNSYLVANIA J une 28, 1940. Hettinger, Mountrail, Rolette, Stark, June 28, 1940. Pursuant to the provisions of Title I of Stutsman, and Traill. Pursuant to the provisions of Title I the Bankhead-Jones Farm Tenant Act, of the Bankhead-Jones Farm Tenant [seal] H. A. Wallace, and Section I I 3 of Administration Order Act, and Section H 3 of Administration 230 of the Farm Security Administration, Secretary of Agriculture. Order 230 of the Farm Security Admin­ issued thereunder, and upon the basis of [F. R. Doc. 40-2682; Filed, June 28, 1940; istration, issued thereunder, and upon the the recommendation of the New York 11:51 a. m.] basis of the recommendation of the State Farm Security Advisory Commit­ Pennsylvania State Farm Security Advi­ tee, the following counties are hereby sory Committee, the following counties designated as those in which loans, pur­ are hereby designated as those in which suant to said Title, may be made under D esignation of Counties for T enant P urchase Loans loans, pursuant to said Title, may be the provisions of said Order for the fiscal made under the provisions of said Order year ending June 30, 1941: (1) those OHIO for the fiscal year ending June 30, 1941: counties which were designated for the J une 28, 1940. (1) those counties which were designated making of loans for the fiscal year end­ Pursuant to the provisions of Title I of for the making of loans for the fiscal year ing June 30, 1940; and (2) the following ending June 30, 1940; and (2) the fol­ additional counties: the Bankhead-Jones Farm Tenant Act, and Section n 3 of Administration Order lowing additional counties: Cayuga, Clinton, Erie, Madison, and 230 of the Farm Security Administration, Bedford, Bradford, Cambria, Lehigh, Ontario. issued thereunder, and upon the basis of Mercer, Montour, Perry, Potter, Snyder, [seal] H. A. W allace, the recommendation of the Ohio State Wayne, and York. Secretary of Agriculture. Farm Security Advisory Committee, the following counties are hereby designated [seal] h . A. Wallace, [F. R. Doc. 40-2694; Filed, June 28, 1940; Secretary of Agriculture. 11:53 a. m.] as those in which loans, pursuant to said Title, may be made under the provisions [F. R. Doc. 40-2664; Filed, June 28, 1940’ of said Order for the fiscal year ending 11:47 a. m.] June 30, 1941: (1) those counties which D esignation of Counties for T enant were designated for the making of loans Purchase Loans for the fiscal year ending June 30, 1940; D esignation of Counties for T enant P urchase Loans NORTH CAROLINA and (2) the following additional coun­ ties: RHODE ISLAND J une 28, 1940. Adams, Allen, Clark, Clinton, Colum­ June 28, 1940. Pursuant to the provisions of Title I biana, Fairfield, Huron, Knox, Mercer, of the Bankhead-Jones Farm Tenant Muskingum, Portage, Union, Shelby, Pursuant to the provisions of Title I Act, and Section n 3 of Administration Wood, and Wyandot. of the Bankhead-Jones Farm Tenant Act, Order 230 of the Farm Security Admin­ and Section n 3 of Administration Order istration, issued thereunder, and upon the [seal] H. A. W allace, 230 of the Farm Security Administration, basis of the recommendation of the North Secretary of Agriculture. issued thereunder, and upon the basis of Carolina State Farm Security Advisory [F. R. Doc. 40-2688; Filed, June 28, 1940; the recommendation of the Rhode Island Committee, the following counties are 11:51 a. m.] State Farm Security Advisory Commit­ hereby designated as those in which tee, the following counties are hereby loans, pursuant to said Title, may be designated as those in which loans, pur­ made under the provisions of said Order suant to said Title, may be made under for the fiscal year ending June 30, 1941 : D esignation of Counties for T enant the provisions of said Order for the fiscal P urchase Loans year ending June 30, 1941: (1) that All counties in North Carolina. OREGON county which was designated for the [seal] H. A. W allace, making of loans for the fiscal year ending Secretary of Agriculture. J une 28, 1940. June 30, 1940; and (2) the following ad­ Pursuant to the provisions of Title I of ditional county: [F. R. Doc. 40-2667; Filed, June 28, 1940; the Bankhead-Jones Farm Tenant Act, Washington. 11:48 a. m.] and Section n 3 of Administration Order 230 of the Farm Security Administration, [seal] H. A. Wallace, issued thereunder, and upon the basis of Secretary of Agriculture. D esignation of Counties for T enant the recommendation of the Oregon State [F. R. Doc. 40-2666; Filed, June 28, 1940; P urchase Loans Farm Security Advisory Committee, the 11:48 a. m.] NORTH DAKOTA following counties are hereby designated as those in which loans, pursuant to said une J 28, 1940. Title, may be made under the provisions D esignation of Counties for Tenant Pursuant to the provisions of Title I of of said Order for the fiscal year ending P urchase Loans the Bankhead-Jones Farm Tenant Act, June 30, 1941: (1) those counties which SOUTH CAROLINA and Section II 3 of Administration Or­ were designated for the making of loans der 230 of the Farm Security Adminis­ for the fiscal year ending June 30, 1940; J une 28, 1940. tration, issued thereunder, and upon the and (2) the following additional coun­ Pursuant to the provisions of Title I basis of the recommendation of the North ties: of the Bankhead-Jones Farm Tenant Act, Dakota State Farm Security Advisory Coos, Deschutes, and Marion. and Section H 3 of Administration Order Committee, the following counties are 230 of the Farm Security Administration, hereby designated as those in which [seal] H. A. W allace, issued thereunder,' and upon the basis loans, pursuant to said Title, may be Secretary of Agriculture. of the recommendation of the South made under the provisions of said Order [F. R. Doc. 40-2673; Filed, June 28, 1940; Carolina State Farm Security Advisory for the fiscal year ending June 30, 1941: 11:49 a. m.] Committee, the following counties are FEDERAL REGISTER, Tuesday, July 2, 1940 2451 hereby designated as those in which Act, and Section n 3 of Administration for the making of loans for the fiscal loans, pursuant to said Title, may be Order 230 of the Farm Security Admin­ year ending June 30, 1940; and (2) the made under the provisions of said Order istration, issued thereunder, and upon following additional counties: for the fiscal year ending June 30, 1941: the basis of the recommendation of the Dane, Vernon, Iowa, Polk, Sauk, and All counties in South Carolina. Vermont State Farm Security Advisory Winnebago. Committee, the following counties are [seal] H. A. Wallace, hereby designated as those in which [seal] H. A. W allace, Secretary of Agriculture. loans, pursuant to said Title, may be Secretary of Agriculture. made under the provisions of said Order [P. R. Doc. 40-2671; Filed, June 28, 1940; [F. R. Doc. 40-2692; Filed, June 28, 1940; 11:48 a. m.] for the fiscal year ending June 30, 1941: 11:52 a. m.] (1) those counties which were desig­ nated for the making of loans for the Designation op Counties for T enant fiscal year ending June 30, 1940; and P urchase Loans (2) the following additional counties: Designation of Counties for T enant P urchase Loans SOUTH DAKOTA Caledonia and Chittenden. WYOMING J une 28, 1940. [seal] H. A. Wallace, Pursuant to the provisions of Title I of Secretary of Agriculture. J une 28, 1940. Pursuant to the provisions of Title I of the Bankhead-Jones Farm Tenant Act, [F. R. Doc. 40-2672; Filed, June 28, 1940; and Section II 3 of Administration Or­ 11:49 a. m.j the Bankhead-Jones Farm Tenant Act, der 23Q of the Farm Security Adminis­ and Section n 3 of Administration Order tration, issued thereunder, and upon the 230 of the Farm Security Administration, basis of the recommendation of the South issued thereunder, and upon the basis of Dakota State Farm Security Advisory Designation of Counties for T enant the recommendation of the Wyoming Committee, the following counties are Purchase Loans State Farm Security Advisory Commit­ hereby designated as those in which tee, the following counties are hereby loans, pursuant to said Title, may be WEST VIRGINIA designated as those in which loans, pur­ made under the provisions of said Order suant to said Title, may be made under J une 28, 1940. for the fiscal year ending June 30, 1941: the provisions of said Order for the fiscal (1) those counties which were designated Pursuant to the provisions of Title I year ending June 30, 1941: (1) those for the making of loans for the fiscal year of the Bankhead-Jones Farm Tenant counties which were designated for the ending June 30,1940; and (2) the follow­ Act, and Section II 3 of Administration making of loans for the fiscal year end­ ing additional counties: Order 230 of the Farm Security Admin­ ing June 30, 1940; and (2) the following istration, issued thereunder, and upon additional county: Brown, Butte, Codington, Davison, the basis of the recommendation of the Kingsbury, Sully, and Tripp. West Virginia State Farm Security Ad­ Washakie. [seal] H. A. W allace, visory Committee, the following counties [seal] H. A. Wallace, Secretary of Agriculture. are hereby designated as those in which Secretary of Agriculture. loans, pursuant to said Title, may be [P. R. Doc. 40-2677; Piled, June 28, 1940; [F. R. Doc. 40-2674; Filed, June 28, 1940; 11:49 a. m.] made under the provisions of said Order for the fiscal year ending June 30, 1941: 11:49 a. m.] (1) those counties which were designated for the making of loans for the fiscal Designation of Counties for T enant year ending June 30, 1940; and (2) the Designation of Counties for T enant Purchase Loans following additional counties: P urchase Loans TENNESSEE Upshur, Ritchie, Pocahontas, Pendle­ REGION XII EXCLUSIVE OF NEW MEXICO J une 28,1940. ton, Putnam, Roane, Nicholas, Wood, Pleasants, Grant, Taylor, Mineral, Mo­ J une 28, 1940. Pursuant to the provisions of Title I of nongalia, Hardy, and Wayne. the Bankhead-Jones Farm Tenant Act, Pursuant to the provisions of Title I of and Section II 3 of Administration Or­ the Bankhead-Jones Farm Tenant Act, [seal] H. A. Wallace, and Section H 3 of Administration Order der 230 of the Farm Security Adminis­ Secretary of Agriculture. tration, issued thereunder, and upon the 230 of the Farm Security Administration, [F. R. Doc. 40-2685; Filed, June 28, 1940; issued thereunder, and upon the basis of basis of the recommendation of the Ten­ 11:51 a. m.] nessee State Farm Security Advisory the recommendation of the Farm Secu­ Committee, the following counties are rity Advisory Committee for the states in hereby designated as those in which Region XII other than New Mexico, the loans, pursuant to said Title, may be following counties are hereby designated Designation of Counties for T enant as those in which loans, pursuant to said made under the provisions of said Order P urchase Loans for the fiscal year ending June 30, 1941 : Title, may be made under the provisions WISCONSIN of said Order for the fiscal year ending All counties in Tennessee. June 30, 1941: (1) those counties which une tSEA*-] H. A. Wallace, J 28,1940. were designated for the making of loans Secretary of Agriculture. Pursuant to the provisions of Title I for the fiscal year ending June 30, 1940; of the Bankhead-Jones Farm Tenant and (2) the following additional coun­ [P. R. Doc. 40-2670; Filed, June 28, 1940; Act, and Section II 3 of Administration ties: 11:48 a. m.J Order 230 of the Farm Security Admin­ Colorado: Crowley and Kit Carson. istration, issued thereunder, and upon Kansas: Hodgeman. the basis of the recommendation of the Oklahoma: Beaver. Designation of Counties for T enant Wisconsin State Farm Security Advisory Texas: Collingsworth, Parmer, Lub­ Purchase Loans Committee, the following counties are bock, Hale, and Donley. VERMONT hereby designated as those in which loans, pursuant to said Title, may be [seal] H. A. Wallace, J une 28, 1940. made under the provisions of said Order Secretary of Agriculture. Pursuant to the provisions of Title I for the fiscal year ending June 30, 1941 : [F. R. Doc. 40-2678; Filed, June 28, 1940; of the Bankhead-Jones Farm Tenant (1) those counties which were designated 11:49 a. m.j No. 128----- 3 2452 FEDERAL REGISTER, Tuesday, July 2, 1940

Office of the Secretary. DEPARTMENT OF LABOR. Valatie Mills Corporation, Valatie, New [Memorandum No. 867] Wage and Hour Division. York; Knitted Wear; Stockinette Fab­ rics & Cotton Fleece Garments; 3 Making Applicable to the Emergency N otice of Issuance of Special Certifi­ learners; October 24, 1940. R elief Appropriation Act, F iscal cates for the Employment of Learn­ Weil-Kalter Mfg. Company, Millstadt, Y ear 1941, Certain Orders, R ules, ers Illinois; Knitted Wear; Knit Underwear; egulations a n d elegations of 20 learners; October 24, 1940. R D Notice is hereby given that Special Authority Issued U nder Authority Certificates authorizing the employment Frank Russel Glove Company, Ber­ of the Emergency R elief Appropria­ of learners at hourly wages lower than line, Wisconsin; Glove; Leather Dress tion Act of 1939 the minimum wage rate applicable under Gloves; 5 learners; October 24, 1940. The Hamilton County Farmers Tele­ By virtue of and pursuant to the Section 6 of the Fair Labor Standards Act of 1938 are issued under Section 14 phone Association, 1109 K Street, authority vested in me by the Emergency Aurora, Nebraska; Independent Branch Relief Appropriation Act, fiscal year of the said Act and § 522.5 of Regulations Part 522, as amended, to the employers of the Telephone Industry; to employ 1941, approved June 26, 1940, particu­ learners as indicated in the Telephone larly Sections 2 and 13 thereof, I hereby listed below effective July 2, 1940. These Certificates may be canceled in the man­ Order as commercial and switchboard order and direct that the expenditure operators until December 31, 1940. of funds appropriated or advanced to ner provided for in the Regulations and this Department by or pursuant to the as indicated in the Certificate. Any per­ Signed at Washington, D. C., this 1st said Act, and the administration of all son aggrieved by the issuance of any of day of July 1940. these Certificates may seek a review of activities conducted with such funds, Gustav P eck, shall be in accordance with the orders, the action taken in accordance with the Authorised Representative rules, regulations, and delegations of provisions of §§ 522.13 or 522.5 (b), of the Administrator. authority heretofore issued and in effect whichever is applicable of the aforemen­ tioned Regulations. [F. R. Doc. 40-2715; Filed, July 1, 1940; on this date relating to the expenditure 11:53 a. m.] of funds appropriated to this Depart­ The employment of learners under ment by the Emergency Relief Appropri­ these Certificates is limited to the occu­ ation Act of 1939, to the extent such pations, learning periods, and minimum orders, rules, regulations, and delega­ wage rates specified in the Determina­ FEDERAL POWER COMMISSION. tions of authority are consistent with tion or Order for the Industry designated the provisions of the Emergency Relief below opposite the employer’s name and [Docket No. G—165] Appropriation Act, fiscal year 1941. published in the F ederal R egister as In the M atter of Tennessee Gas and Whenever any authority heretofore here stated: T ransmission Company granted limited the amount of money Regulations, Part 522, May 23, 1939 ORDER FIXING DATE FOR HEARING which might be expended thereunder, (4 F.R. 2088), and as amended October such limit shall be deemed applicable to 12, 1939 (4 F.R. 4226). J une 28, 1940. the total amount to be expended under Hosiery Order, August 24, 1939 (4 F.R. Upon application filed April 26, 1940, such authorization out of funds appro­ 3711). and amendment thereto filed June 26, priated by prior acts and funds appro­ Apparel Order, October 12, 1939 (4 1940, by Tennessee Gas and Transmission priated by, or advanced pursuant to, the F.R. 4225). Company, a Tennessee corporation hav­ Emergency Relief Appropriation Act, Knitted Wear Order, October 24, 1939 ing its principal office in Chattanooga, fiscal year 1941. Any redelegations of (4 F.R. 4351). Tennessee, under Section 7 (c) of the authority in effect on the date of this Textile Order, November 8, 1939 (4 Natural Gas Act: (i) for authority to order shall continue in effect subject F.R. 4531), as amended, April 27, 1940 construct and operate a natural gas pipe to any powers heretofore granted to (5 F.R. 1586). line from natural gas fields in northern revoke such redelegations. The forego­ Glove Order, February 20, 1940 (5 FJFt. Louisiana to Nashville, Chattanooga, ing rules and regulations shall remain 714). Knoxville, and other cities and communi­ in effect until my further order. Telephone Order, April 9, 1940 (5 F.R. ties in the State of Tennessee, and to 1371). Asheville, North Carolina, and vicinity; [seal] H. A. W allace, or, in the alternative, (ii) for a dismissal Secretary. NAME and address of firm, industry, of its application for lack of jurisdiction, [F. R. Doc. 40-2699; Filed, June 28, 1940; PRODUCT, NUMBER OF LEARNERS, AND in the event the Commission should be 12:30 p. m.] EXPIRATION DATE of the opinion that it does not possess Durant Manufacturing Company, Du­ jurisdiction herein under the provisions rant, Mississippi; Hosiery; Full Fash­ of the Natural Gas Act; Rural Electrification Administration. ioned; 5 learners; September 18, 1940. The Commission orders that: [Administrative Order No. 474] Van Raalte Co., Inc., Blue Ridge, Geor­ (A) A public hearing in this proceed­ gia; Hosiery; Full Fashioned; 50 learn­ ing be held commencing on September 4, P roject D esignation Amended ers; September 18, 1940. 1940, at 10 a. m., in the Hearing Room of Adirondack Sportswear, Inc., Amster­ the Federal Power Commission, Hurley- J une 22, 1940. dam, New York; Apparel; Cotton and Wright Building, 1800 Pennsylvania Ave­ I hereby amend Administrative Order Leather Outergarments; 8 learners; Oc­ nue NW., Washington, D. C.; No. 183, dated January 31,1938, and Ad­ tober 24, 1940. (B) Interested State Commissions may ministrative Order No. 261, dated June Chic Manufacturing Company, 1001 participate in this proceeding, as pro­ 9, 1938, by changing the project desig­ South Adams Street, Peoria, Illinois; vided in Section 67.4 of the Provisional nation “Virginia 8020B1 Prince Williams” Apparel; Wash Dresses; 20 learners; Oc­ Rules of Practice and Regulations under appearing therein to read “Virginia tober 24, 1940. the Natural Gas Act. 8020B1 B. R. P.” Continental Overall Company, Oska- loosa, Iowa; Apparel; Overalls; 25 By the Commission. [seal] Harry S lattery, learners; October 24, 1940. [seal] Leon M. F uquay, Administrator. E-Z Mills, Inc., Cartersville, Georgia; Secretary. [F. R. Doc. 40-2707; Filed, June 29, 1940; Knitted Wear; Cotton Knit Underwear; [F. R. Doc. 40-2705; Filed, June 29, 1940; 11:49 a. m.] 5 percent; October 24, 1940. 11:33 a. m.]