v o iu i" “ NUMBER 20 Washington, Tuesday, February 1, 1949

Central Railroad Company of New Jersey TITLE 3— THE PRESIDENT Chesapeake & Ohio Railway Co. (Pere Mar­ CONTENTS quette District) EXECUTIVE ORDER 10032 Chicago, Indianapolis & Louisville Ry. Co. THE PRESIDENT Delaware & Hudson Railroad Corporation Creating an E mergency B oard to Inves­ Delaware, Lackawanna & Western Railroad Executive Order Pa£e tigate a Dispute B etween the Akron, Co. Akron, Canton & Youngstown Canton & Youngstown R ailroad Com­ Detroit, Toledo & Ironton Railroad Do. Railroad Co., et al.; creation of pany and Other Carriers, and Certain Erie Railroad Company board to investigate dispute be­ of Their Employees Grand Trunk Western Railroad Co. Lehigh Valley Railroad Co. tween company and employees. 429 WHEREAS a dispute exists between Ne’w York Central Railroad Co. and all leased the Akron, Canton ty Youngstown Rail­ lines EXECUTIVE AGENCIES road Company and certain other carriers Chicago Junction Ry. (C. R. & I. R. R. Co., designated in the list attached hereto Lessee) Agriculture Department Chicago River & Indiana Railroad Co. and made a part hereof, and certain of Indiana Harbor Belt Railroad Co. See also Animal Industry Bureau; their employees represented by the New York, Chicago & St. Louis Railroad Co. Entomology and Plant Quaran­ Brotherhood of Locomotive Engineers, a New York, New Haven & Hartford Railroad tine Bureau; Federal Crop In­ labor organization; and Co. surance Corporation. WHEREAS this dispute has not here-' Pennsylvania Railroad Co. Notices: tofore been adjusted under the provi­ Lohg Island Railroad Co. Shasta National Forest, Cali­ sions of the Railway Labor Act, as Pennsylvania-Reading Seashore Lines Reading Company fornia; designation of certain amended; and Wheeling & Lake Erie Ry. Co. lands______449 WHEREAS this dispute, in the judg­ Lorain & West Virginia Ry. Co. Proposed rule making: ement of the National Mediation Board, Milk handling in certain mar­ threatens substantially* to interrupt in­ WESTERN REGION keting areas______444 terstate commerce to a degree such as Atchison, Topeka & Santa Fe Railway Co. to deprive the country of essential trans­ Belt Railway Company of Chicago Rules and regulations: portation service: Burlington-Rock Island Railroad Co. Grapes, Tokay, in California_ 440 NOW, THEREFORE, by virtue of the Chicago & Eastern Illinois Railroad Co. Potatoes, Irish; 1949 acreage Chicago & North Western Ry. Co.- goals__ -.______431 authority vested in me by section 10 of Chicago, Burlington & Quincy Railroad Co, the Railway Labor Act, as amended (45 Chicago Great Western Ry. Co. Alien Property, Office of U. S. C. 160), I hereby create a board Chicago, Milwaukee, St. Paul & Pacific Rail­ Notices: of three members, to be appointed by road Co. me, to investigate the said dispute. No Chicago, Rock Island & Pacific Railway Co. Vesting orders, etc.: member of the said board shall be pe­ Colorado & Southern Railway Co. Brabender, Carl Wilhelm___ 450 cuniarily or otherwise interested in any Denver & Rio Grande Western Railroad Co. Burmeister, Carl H., and Wells Duluth, South Shore & Atlantic Railroad Co. Fargo Bank & Union Trust organization of employees or any carrier. Mineral Range Railroad Co. The board shall report its findings to Elgin, Joliet & Eastern Ry. Co. Co------450 the President with respect to the said Fort Worth & Denver City Ry. Co. Karg-Elert, Louise______451 dispute within thirty days from the date Wichita Valley Railway Co. Schnabel, Dr. Ernst______450 of this order. Gulf, Colorado & Santa Fe Railway Co. As provided by section 10 of the Rail­ Great Northern Railway Co. Animal Industry Bureau way Labor Act, as amended, from this Houston & North Shore Railroad Co. Proposed rule making: Illinois Central Railroad Co. date and for thirty days after the board International-Great Northern Railroad Co. Cattle, tuberculosis, paratuber- has made its report to the President, no Kansas City Southern Ry. Co. culosis, and Bang’s disease; t change, except by agreement, shall be Kansas, Oklahoma & Gulf Ry. Co. prevention in cooperation made by any of the carriers involved or Midland Valley Railroad Co. with states______• 443 its employees in the conditions out of Minneapolis & St. Louis Ry. Co. Livestock and animals im­ which the said dispute arose. Minneapolis, St. Paul & Sault Ste. Marie Rail­ road Co. ported; inspection and quar- H arry S. T ruman Missourl-Kansas-Texas Railroad Co. antine__.______443 The White House, Missouri Pacific Railroad Co. Rules and regulations: January 28, 1949. New Orleans, Texas & Mexico Railway Co. Inspection facilities; payments Northern Pacific Railway Co. for overtime of meat inspec­ L is t St. Louis, Brownsville & Mexico Ry. Co. St. Louis-San Francisco Ry. Co. tion employees______441 EASTERN REGION St. Louis Southwestern Ry. Co. Akron, Canton & Youngstown* Railroad Co. San Antonio, Uvalde & Gulf Railroad Co. Commerce Department Baltimore & Ohio Railroad Co. Southern Pacific Company (Pacific Lines) See International Trade, Office of. Baltimore & Ohio Chicago Terminal Rail­ Spokane, Portland & Seattle Ry. Co. road Co. Oregon Trunk Ry. Co. Commodity Credit Corporation Staten Island Rapid Transit Ry. Co. (Continued on p. 431) See Agriculture Department. 429 430 THE PRESIDENT

CODIFICATION GUIDE CODIFICATION GUIDE— Con. A numerical list of the parts of the Code Title 7— Agriculture— Con. Pase of Federal Regulations affected by documents FEDEMLÄREGSSTER Chapter IX—Production and 1934 .

Texas & New Orleans Railroad Co. SOUTHEASTERN REGION Louisville & Nashville Railroad Co. Terminal Railroad Association of St. Louis. Atlanta & West Point Railroad Co. Norfolk Southern Railway Co. Texas & Pacific Railway Co. Western Railway of Alabama Richmond, Fredericksburg & Potomac Rail­ Union Pacific Railroad Co. (South-Central Atlantic Coast Line Railroad Co. road Co. District) Central of Georgia Railway Co. Seaboard Air Line Railroad Co. Wabash Railroad Co. Florida East Coast Railway Co. Western Pacific Railroad Co. Georgia Railroad Co. [F. R. Doc. 49-788; Filed, Jan. 28, 1949; Yazoo & Mississippi Valley Railroad Co. Gulf, Mobile & Ohio Railroad Co. 6:14 p. m.]

RULES AND REGULATIONS

TITLE 6— AGRICULTURAL as operator, owner, landlord, tenant or the same or another person) which, to­ partner ineligible to participate in 1949 gether with any other land included in CREDIT potato price support operations. Such the farm, constitutes a unit with respect Chapter IV— Production and Market­ ineligibility shall extend also to any cor­ to the rotation of crops. A farm shall poration or corporate stockholder whose be regarded as located in the county in ing Administration and Commodity operations are subject to substantially which the principal dwelling is situated, Credit Corporation, Department of the same management, ownership, or or if there is no dwelling thereon it shall Agriculture control as those of a corporation or cor­ be regarded as located in the county in porate stockholder planting potatoes in which the major portion of the farm is Subchapter C— Loans, Purchases, and Other excess of an acreage goal. Potatoes located. Operations which are produced on a farm owned or (c) “New farm” means a farm on Part 648—P otatoes, I rish operated by a partnership shall be in­ which potatoes have not been planted SUBPART— 1 9 4 9 POTATO ACREAGE GOALS eligible in case any partner plants pota­ since 1945 and on which the 1949 farm toes on any other farm in excess of the operator’s personal history of potato pro­ GENERAL See* acreage goal for such farm. The entire duction since 1945 is not used in deter­ 648/71 Applicability of §§ 648.71 to 648.85. interest in potatoes planted within a mining the farm goal. 648.72, Definitions. non-commercial farm goal must be in the (d) “Old farm” means a farm on 648.73 Extent of calculations and rule of owner, or in the owner and the operator, which potatoes have been planted in one fractions. of such entire farm. Any person having or more years since 1945 or on which the 648.74 'Instructions -and forms. an interest, other than as owner or opera­ 1949 farm operator’s personal history of NATIONAL AND STATE ACREAGE GOALS AND tor of the entire farm, in potato produc­ potato production since 1945 is used in COUNTY LIMITS tion from one or more non-commercial determining the farm goal. farms, shall be ineligible to participate 648.75 Establishment of the national acre­ (e) “Commercial farm” means a farm age goal and apportionment among in 1949 potato price support operations. for which a preliminary 1949 goal of the States. Publicly owned experiment stations three or more acres is established. 648.76 Apportionment of the State commer­ planting potatoes for experimental pur­ (f) “Non-commercial farm” meçms a cial goal among the counties as poses only do not come within the scope farm on which potatoes are planted in county limits. of this program; no goal shall be estab­ 1949 and for which a preliminary 1949 ACREAGE GOALS FOR COMMERCIAL FARMS lished for such experimental plantings potato acreage goal of three or more nor shall the potatoes produced thereon acres is not established. 648.77 Determination of preliminary acre­ be eligible for acquisition under price age goals of three or more acres for (g) “National goal” means the total old farms. support operations. number of acres of Irish potatoes estab­ 648.78 Final acreage goals for old commer­ § 648.72 Definitions. As used in lished by the United States Department cial farms. §§ 648.71 to 648.85 and in all instructions, of Agriculture as necessary to produce a 648.79 Determination of acreage goals of forms, and documents in connection 1949 crop sufficient for all domestic and . three acres or more for new farms. therewith, the words and phrases defined export requirements without unduly cur­ ACREAGE GOALS FOR NON-COMMERCIAL FARMS tailing production in any area. in this section shall have the meanings (h) “State goal” means the number of 648.80 . Goal for non-commercial farm. herein assigned to them unless the con­ * text or subject matter requires otherwise. acres out of the National goal allocated APPROVAL AND CORRECTION OP GOALS (a) Committees: (1) “County com­ by the Production and Marketing Ad­ 648.81 Approval. mittee” means the group of persons ministration to be planted within a par­ 648.82 Correction. elected within a county to assist in the ticular State. (i) “Commercial goal” means that part NOTICE AND APPEALS administration of the Agricultural Con­ servation Program in such county. of the total goal which is made available 648.83 Notice. (2) “State committee” means the for apportioning to commercial farms. 648.84 Appeals. (j) “Non-commercial goal” means that 648.85 Request for consideration. group of persons designated as the State committee of the Production and Market­ part of the total goal which is attributed Au t h o r it y : §§ 648.71 to 648.85 issued un­ ing Administration charged with the re­ to non-commercial farms. No direct ap­ der Pub. Law 897, 80th Cong. sponsibility of administering Production portionment of the non-commercial goal to any farm is provided. 9 GENERAL and Marketing Administration programs within the State. (k) “Preliminary goal” is the acreage § 648.71 Applicability of §§648.71 to (b) “Farm” means ah' adjacent or which the county committee preliminar­ 648.85.' Sections 648.71 to 648.85 shall nearby farm land under the same owner­ ily determines to be the proper goal for a govern the establishment of farm acre­ ship which is operated by one person, farm, in view of the county limit as here­ age goals for Irish potatoes for use in including also: (1) Any other adjacent inafter defined, past goals on the farm, connection with United States Depart­ or nearby farm land which the county topography, crop rotation practice, and ment of Agriculture price support opera­ committee, in accordance with instruc­ land, labor, and equipment available for tions relating to the 1949 crop of such the production, handling, and market­ potatoes. The planting of potatoes in ex­ tions issued by the Production and Mar­ ing of potatoes grown on the farm. cess of the 1949 goal established for any keting Administration, determines is op­ (l) “Final goal” for a farm Is its pre­ farm, or, where separate goals are estab­ erated by the same persons as part of liminary goal after such goal has been lished for early and late potatoes, the the same unit with respect to rotation of adjusted by the county committee so that planting or potatoes in excess of either crops and with workstock, farm machin­ the total of all final goals in the county of such goals, shall, subsequent to the ery and labor substantially separate from shall not exceed the county limit, pur­ date of such excess planting, render any that for any other lands;* and (2) any suant to the procedure specified in person having an interest in such farm field-rented tract (whether operated by §§ 648.73 and 648.78. 432 RULES AND REGULATIONS Cm) “County limit” means the num­ both commercial and non-commercial \ . Goa! State goals were issued. The 1949 com­ ( 1,000 ber of acres out of the State commercial State—Continued acres) goal allocated to a particular county for mercial goal is 1,223,100 acres which Nevada ____ — 1.1 apportioning to commercial farms within compares with an estimated planted W ashington______26.0 that county. commercial acreage of 1,422,500 in 1948 Oregon ______— ------— 32.4 (n) “Early potatoes” or "early acreage and a planted acreage of 1,379,100 acres California (late)______30.6 means potatoes of the early or intermedi­ in 1947. This 1949 commercial goal is New Hampshire______2.2 ate harvest, or acreage planted to pota­ 86 and 89 percent respectively of the V erm ont------2.2 toes for early or intermediate harvest. commercial acreage in 1948 and 1947. Massachusetts - ______7.0 The largest reductions from 1948 esti­ Rhode Island--______- 4.3 (o) “Late potatoes” or “late acreage” Connecticut______- 7. 5 means storable variety potatoes of the mated commercial acreage are called for West Virginia______. 9 late harvest, to be harvested no earlier in States along the eastern coast where O h io------18.6 than a date established by the State com­ surplus purchases have been particularly Indiana ______7.6 mittee, or acreage planted to potatoes for heavy and in early potato producing Illinois ------1.0 late harvest. areas of California where planted acre­ Iowa ______1.7 (p) “Operator” means the person who age in 1948 exceeded the 1948 goal. New Mexico______- — . 9 is in charge of farming operations on The State acreage goals for 1949 were New Jersey______—------84. 6 Delaware ______- .4 the entire farm. calculated as follows : Maryland ------— 5.0 (q) “Person” means an individual, (a) The 5-year 1943-47 average pro­ Virginia______24.9 partnership, association, corporation, duction by States was calculated. Kentucky ______8.2 estate or trust or other business enter­ (b) One-fourth of the 3-year (1945- Missouri______3.2 prise or legal entity, and wherever ap­ 47) average government purchases by Kansas__ ___ 2.4 plicable, a State, a political subdivision States was deducted from the average Arizona ______3. 0 of. a State, or any agency thereof. production. North Carolina______20. 5 (r) “Acreage planted to potatoes” (c) Whenever the State total planted South Carolina------7.9 Georgia ______- 1.1 means the number of acres on which acreage in a particular State during 1946 Florida ______—— ------20.3 potatoes are growing at the time of the and 1947 exceeded the State total acre­ Tennessee______:______3.8 official determination of potato acreage age goal, this excess acreage was con­ Alabam a______15.1 designed to establish whether the opera­ verted to bushels based on that year’s Mississippi______. 5 tor has planted within his goal, plus the . yield per acre. This total excess produc­ Arkansas------1.9 acreage from which potatoes of the 1949 tion for the 2 years was divided by 5, Louisiana ______12.2 crop were harvested prior to such official and the resulting bushels were deducted Oklahoma ____ - ______— . 6 determination of potato acreage. • from the 1843-47 average production. T exas______18.3 (s) “Director” means Director of the (d) The residual number of bushels California (early)______44.6 Fruit and Vegetable Branch, Production for each State was factored by .8687 to U. S. Total Commercial Goal—1,223,100 and Marketing Administration, or a per­ provide a 350 million bushel crop. acres. son or persons duly authorized to act in (e) The resulting goal production for § 648.76 Apportionment of the State his behalf. each State was converted to acres by commercial goal among the counties as § 648.73 Extent of calculations and, dividing such goal production by the county limits. The State committee rule of fractions. All acreages except 3-year 1946-48 (as reported in October shall recommend for approval of the final acreage goals shall be expressed to 1948) yield per acre for such State. Director the county limit for each county the nearest one-tenth acre and fractions (f) The State acreage was then di­ within the State. The county limit shall of fifty-one thousandths of an acre or vided between commercial and non-com­ be the acreage determined by the State more shall be rounded upward and frac­ mercial acreage on the basis of data as committee as fair and reasonable for the tions of five-hundredths of an acre or to the operation of the 1947 and 1948 county in relation to county limits estab­ less shall be dropped. Final goals of potato goal programs, and other avail­ lished for other counties within the State, from three to ten acres may be estab­ able information. Commercial acreage taking into consideration (a) the total lished uniformly within a county to the is that goal acreage available for estab­ acreage actually allocated in 1947 and nearest half-acre, and final goals larger lishing preliminary goals of three or more 1948 as commercial farm goals, and (b) than ten acres may be so established to acres of potatoes on an individual farm. adjustments deemed necessary due to the nearest acre. (g) No State was assigned a commer­ recognizable changes in the potato pro­ cial acreage higher than 90 percent of duction pattern or marketing or other § 648.74 Instructions and forms. The its 1948 commercial planted acreage. facilities in the State. Factors indicating Administrator of the Production and .This factor reduced the calculated U. S. such change may include, but not be Marketing Administration shall cause to production to 339 million bushels be­ limited to, an estimate of the extent to be prepared and issued such forms and cause of the assumption that non-com­ which the 1948 goal was planted or over­ instructions as may be deemed necessary mercial acreage would remain constant. planted, and the frequency of appeals in or expedient in carrying out §§ 648.71 to All commercial acreage figures were 1948. A separate county limit shall be 648.85. then raised by 4.5 percent to balance established for early and for late pota­ NATIONAL AND STATE ACREAGE GOALS AND out to a 350 million crop, except that toes unless the State committee recom- COUNTY LIMITS no State was assigned a commercial goal mends and the Director approves the use higher than its 1947-48 average planted of a single county limit as being adequate § 648.75 Establishment of the national commercial acreage. to obtain the proper relationship be­ acreage goal and apportionment among The 1949 Commercial Acreage Goals tween early and late production within the States. TT~ J otal 1949 potato acre­ by'States are as follows: the county. The sum of® the county age goal for a’ jates is 1,938,300 acres Goal limits for a State, plus a State reserve which compares with 2,137,700 acres ( 1,000 withheld for appeals, new farms, and the planted in 1948 and 2,148,600 acres State: acres) correction of errors, shall not exceed the planted in 1946. This acreage goal is M aine______141.3 New York, Long Island______45.2 State’s commercial goal. The State re­ based on an assumed goal yield of 186 New York, Upstate______46.9 serve shall not exceed five percent of the bushels per acre which is the 3 year Pennsylvania ___ .______64.1 State’s commercial goal. 1946-48 (as reported in October 1948) M ichigan------67.1 average yield per planted acre. This W isconsin______38.5 ACREAGE GOALS FOR COMMERCIAL FARMS compares with average yields of 196 M innesota______68.0 § 648.77 Determination of prelimi­ bushels in 1948 as reported in October North Dakota______%__ 121.3 nary acreage goals of three or more acres 1948, 179 bushels in 1947 and 183 bushels South Dakota______12.1 for old farms. The 1949 preliminary In 1946. This acreage goal should pro­ Nebraska______31.7 M ontana______8. 8 acreage goal for an old commercial farm duce a crop of approximately 350 million Id a h o ...... 130.9 shall be that acreage determined by the bushels. Wyoming ______9.6 county committee to be fair and reason­ In 1949 only the commercial goals will Colorado ______— 60. 3 able for the farm in relation to the pre­ be issued to States. In previous years U ta h ______9.8 liminary goals established for other old Tuesday, February 1, 1949 FEDERAL REGISTER 433 commercial farms in the county. This Administration may correct or require and succeeding crop years will be pro­ determination shall take into account the correction of any acreage goals estab­ vided only in accordance with this sub­ 1948 farm goal, with appropriate adjust­ lished under §§ 648.71 to 648.85 by either part in the following counties and under ments to reflect changes in past acreage, the State committee or the county the type of coverage specified for each: topography, crop rotation practice, and committee. State and county Type of land, labor and equipment available for NOTICE AND APPEALS California: coverage the production, handling, and marketing San Luis Obispo______Commodity. of potatoes. This determination shall § 648.83 Notice. Notice of all farm Sutter______r______j_____ Do. also take into account 1949 intentions acreage goals of three or more acres shall Tulare______Do. (if known), availability of grower’s stor­ be mailed or delivered in person to the Colorado; farm operators concerned whether or not Adams______Monetary. age facilities for late potatoes, and such Baca______Commodity. other relevant standards as may be estab­ the operator has requested a goal. No­ Kit Carson______Monetary. lished by the State committe. If both tice of a farm acreage goal of less than Logan______t.______Do. early and late potatoes are to be har­ three acres is not required to be given Phillips______.______i.„- Do. vested from the same farm, a separate unless the operator has requested an Weld______'______Commodity. goal shall be established for each unless acreage goal. Idaho: the farm is located in a county for which Idaho______: ____ Do. the use of a single county limit to apply § 648.84 Appeals. Any operator who Latah______Monetary. to both early and late potatoes has been feels that his 1949 potato acreage goal Lewis______,____Commodity. is not fair and reasonable as compared Nez Perce______Do. approved by the Director. with goals established for other potato Teton______Do. § 648.78 Final acreage goals for old farms in the area, may, within 15 days Illinois: commercial farms. The preliminary after the date shown on the notice of Christian______Do. acreage goals determined for all old com­ his farm goal, request the county com­ Macoupin ____ : _. Monetary. Madison______Commodity. mercial farms in any couhty pursuant to mittee in writing to reconsider its de­ Mason______— Do. § 648.77 shall be equitably adjusted by termination. In its reconsideration the Monroe______Do. the county committee so that the result­ county committee shall base its decision St. Clair______Do. ing total shall not exceed the county on the standards required to be used in Sangamon______Do. limit, and the individual farm acreage making its original determination, in the Washington-----_------Do. goal so adjusted shall be the 1949 final light of any new information supplied Indiana: farm acreage goal, except that where by the operator or otherwise made avail­ Allen-____.______•;_____ — Do. this adjustment results in a goal of less able. The county committee shall make Decatur______:______Do. DeKalb______■______Do. than three acres, the 1949 final farm goal its decision and notify the operator in Kosciusko______Do. shall be the smaller of the 1949 planted writing within 15 days after receiving Noble______Do. acres or 2.9 acres. notice of the appeal. If the operator is Rush-i______Do. § 648.79 Determination of acreage dissatisfied with the decision of the coun­ Shelby______Do. goals of three acres or more for new ty committee, he may, within 15 days Sullivan______— Monetary. farms. An application for a new farm after its decision is mailed to him (or Kansas: if it is delivered to him in person, within Barton______Do. goal of three or more acres shall be filed 15 days after such delivery), appeal in Clay______Commodity. with the county committee prior to the Cloud______Monetary. final date set by each State committee writing to the State committee. "The Cowley____ '______Commodity. for the consideration of such applica­ State committee shall notify him of Its Dickinson______—- Do. tions. The acreage goal for a new com­ decision in writing within 30 days after Ford.______- Monetary. mercial farm shall be the acreage deter­ its receipt of the appeal. Harvey______Commodity; Kingman___ :______— Do. mined by the county committee and ap­ § 648.85 Request for consideration. Lincoln______Monetary. • proved by the State committee as fair An operator who has not requested a McPherson______Commodity. and reasonable for the farm in relation farm goal, and who is not notified of his Marion__ 1______Do. to the goals established for other new 1949 farm acreage goal by reason of such Marshall______,______Do. commercial farms in the county and goal not being set at three acres or Mitchell—______Monetary. State, taking into consideration personal more shall if he wishes such goal to be Nemaha______Commodity. and farm past history, topography, crop reconsidered, file the necessary request Osborne______Monetary. rotation practices, and land, labor and Pawnee______Do. with the county committee within a rea­ Pratt______Commodity. equipment available for the production, sonable time prior to planting potatoes Rawlins______•-______Monetary. handling, and marketing of potatoes. on the farm. Reno______Commodity. ACREAGE GOALS FOR NON-COMMERCIAL FARMS Dated: January 26, 1949. Republic______Monetary. Rush______Do. § 648.80 Goal for non-commercial [seal] Charles P. B rannan, Russell______i ------Commodity. farm. The 1949 acreage goal for any Secretary of Agriculture. Scott______Monetary. non-commercial farm shall be the small­ Sedgwick______Commodity. [P. R. Doc. 49-753; Filed, Jan. Si, 1949; Sherman------___. Monetary. er of the 1949 planted acreage or 2.9 8:50 a. m.] Stanton______Do. acres. The 1949 acreage goal for the Sumner______Commodity. farm of any operator who does not re­ Trego------Monetary. ceive formal notice of an acreage goal TITLE 7— AGRICULTURE Washington------___. Commodity. shall, in the absence of appeal and cor­ Maryland: rection, be the non-commercial farm Chapter IV— Federal Crop Insurance Carroll—,______Do. goal. Corporation, Department of Agri­ Kent______Monetary. culture Michigan: APPROVAL AND CORRECTION OF GOALS Clinton____ ,______Do. § 648.81 Approved. The State commit­ [Amdt. 3] Eaton______Commodity. Gratiot______Monetary. tee shall review all farm acreage goals P art 418—Wheat Crop Insurance of three or more acres, and may correct Hillsdale______Commodity. or require correction of any goals estab­ CONTINUOUS CONTRACTS COVERING 1949 AND Monroe______i___ Do. SUCCEEDING CROP YEARS Minnesota: lished by ,the county committee under Clay______;______Do. §§ 648.71 to 648.85. All acreage goals The above-identified regulations (13 Kittson______Do. of three or more acres shall be subject P. R. 2607, 5146, 6475) are hereby Marshall______Do. to approval by the State committee. No amended as follows: Norman______Do. official notice of an acreage goal shall 1. Section 418.151 Is amended to read Polk______Do. be mailed to an operator until such goal as follows: Missouri: has been so approved. Bates______Do. 6 418.151 Availability of wheat crop Cass______Do. § 648.82 Correction. The Adminis­ Insurance, (a) wheat crop insurance Chariton______Monetary. trator of the Production and Marketing under continuous contracts for the 1949 Cooper______Commodity. 434 RULES AND REGULATIONS

State and County Type of State and County Type of Part 421—D ry Edible B ean Crop Missouri—Continued coverage Oregon: coverage Insurance Lafayette______Monetary. Gilliam______Commodity. Pike______!____ Do. Morrow______Do. SUBPART— ANNUAL CONTRACTS COVERING St. Charles______Commodity. Shermaif______Do. THE 1 9 4 9 CROP YEAR (MONETARY COVER­ Saline______Do. Umatilla______Do. AGE INSURANCE) Vernon______Monetary. Union______Do. -Montana : Pennsylvania: The Federal Crop Insurance Program is Blaine______Commodity. Berks______Do. part of the general program of the Chouteau______Do. Chester______Do. United States Department of Agriculture Daniels______Do. Lancaster______Do. administered for the benefit of agri­ Fergus______Do. Lycoming______Do. culture. Hill ______Do. South Dakota: Judith Basin______Do. Brown______Do. By virtue of the authority vested in the Liberty______Do. Codington______Do. Federal Crop Insurance Corporation by McCone______Monetary. Day------Do. the Federal Crop Insurance Act, as Pondera______Commodity. Dewey_:______Do. amended, these regulations are hereby Roosevelt______Do. Edmunds______Do. published and prescribed to be in force Sheridan______Do. Faulk..,______Do. and effect, with respect to annual bean Valley__ .______Do. Marshall______Do. crop insurance contracts for the 1949 Nebraska : McPherson______Do. crop year, until amended or superseded Buffalo______Do. Meade______Do. Chase______Monetary. Perkins___ - ______'____ Do. by regulations hereafter made. Cheyenne______Commodity. Potter______Do. Sec. Deuel_____ a ______Do. Spink______- ______Do. 421.1 Availability of bean crop Insurance. Gage______Do. Tripp------Do. 421.2 Coverages per acre. Hamilton______. Monetary. Texas: 421.3 Premium rates. Jefferson_____ 1_____ Commodity. Castro------Monetary. 421.4 Application for insurance. Kimbaft______Do. Collin------Commodity. 421.5 The contract. Nuckells______Do. Deaf Smith______Monetary. 421.6 Price for valuing production. Richardson______Do. Denton------Commodity. 421.7 Person to whom Indemnity shall be Saline______Do. Floyd------Monetary. paid. . Saunders______Do. Grayson------i ------Commodity. 421.8 Public notice of indemnities paid. i Seward______Do. Hale------Monetary. 421.9 Death, incompetence, or*" disappear­ New Mexico: Jones______Do. ance of Insured. Curry______Do. Knox------Do. 421.10 Fiduciaries. Quay______Do. Runnels------Commodity. 421.11 Assignment or transfer of claims for New York: Swisher------Monetary. refunds of excess note payments Ontario______Da Taylor------Commodity. not permitted. Seneca______Do. Utah: 421.12 Refund of excess note payments in North Dakota: Box Elder______Do. case of death, incomptence, or dis­ Benson______Do. Washington: appearance. Bottineau______Do. Adams______Do. 421.13 Creditors. Burleigh______Do. Benton------Monetary. 421.14 Rounding of fractions. Cass______Do. Douglas------Commodity. 421.15 The policy. Grand Forks__ i_____ Monetary. Franklin______Do. Griggs------Commodity. Grant______Do. A u t h o r it y : §§ 421.1 through 421.15 issued LaMoure______Do. Walla Walla______Do. under*secs. 506 (e), 507 (c), 508, 509, 516 (b), McIntosh______Do. Whitman______j)0< 52 Stat. 73-75, 77, 61 Stat. 718; 7 U. S. C., and McKenzie______Do. Wyoming: Sup., 1506 (e), 1507 (c), 1508, 1509, 1516 (b). McLean______Do. Goshen______;______Do. § 421.1 Availability of bean crop in­ Mercer_«______.. Monetary. surance. (a) Bean crop insurance under Morton______Commodity. (b) Insurance will not be provided Pembina______Do. with respect to applications for wheat an annual contract will be provided only Pierce______. Monetary. insurance filed in a county in accordance in accordance with this subpart and in Ramsey______.. Commodity. with this subpart unless such written the counties and on the class (es) of Sargent______.. Monetary. applications, together with wheat crop beans specified below: Sheridan______. Commodity. insurance contracts in force for the en­ Steele.______Do. suing crop year, cover at least 200 farms State County Class(es) of beans Stutsman______Do. insured Traill______Do. in the county or one-third of the farms Walsh______Do. normally producing wheat. For this pur­ Colorado. Elbert . Pinto. pose an insurance unit shall be counted Idaho__ Jerome. Great Northern. Ward______. Do. Pinto. Williams______J__ Do. as one farm. Small red. Ohio : Michigan. Huron. Pea and medium 2. Section 418.154, as amended, is white. Franklin!______Do. amended by adding the following county Saginaw_____ Do. Greene______Do. New Mexico. . Torrance____ Pinto. Highland____ .______and closing date in paragraph (a ): New York___ Livingston___ Red kidney. Do. P ea an d medium Mercer______Do. State and county1 Date white. Preble-______Do. Montana: Blaine..______March 15 Wayne______Red kidney. Putman______Do. Wyoming. Big Horn____ Great Northern. Adopted by the Board of Directors on Pinto. Seneca______Do. Goshen_____ Great Northern. Stark______Do. January 24, 1949. Pinto. Tuscarawas______Do. (52 Stat. 73-75, 77, 61 Stat. 718, 7 U. S. C., Williams______!___ Do. and Sup., 1506 (e), 1507 (c), 1508, 1509, (b) Bean crop insurance will not be Oklahoma : 1516 (b).) provided in a county unless written ap­ Alfalfa______.. Do. plications are filed which cover at least Beckham______:___ Do. [seal] E. D. Berkaw, 200 farms or one-third of the farms nor­ Blaine______. Monetary. Secretary, mally producing dry edible beans. For Custer«.______.. Commodity. Federal Crop Insurance Corporation. this purpose an insurance unit shall be Garfield______Monetary. counted as one farm. Grady. ______. Do. Approved: January 26, 1949. Greer______.. Commodity. § 421.2 Coverages per acre. The Cor­ Charles F. B rannan, Jackson------_ Monetary. Secretary of Agriculture. poration shall establish coverages per Kingfisher______Commodity. acre, by areas, which shall not be in Kiowa______.. Do. [F. R. Doc. 49-742; Filed, Jan. 31, 1949; excess of the maximum limitations pre­ Tillman______.. Monetary. 8:47 a. m.] scribed in the Federal Crop Insurance Tuesday, February 1, 1949 FEDERAL REGISTER 435 Act. Coverages so established shall be pearing in section 15 of the policy shall section 15 of the policy shall be multi­ shown on the county actuarial table and be multiplied by the applicable price in plied by the applicable price in the fol­ shall be on file in the county office. the following price schedule: lowing price schedule: § 421.3 Premium rates. The Corpora­ [Per cwt., net weight. Red Kidney bean base price [Per cwt., net weightl tion shall establish premium rates per $8.15. Pea and Medium White bean base price $6.64] acre, by areas, for all acreage for which Great Pinto Small - Pea and Northern beans Red coverages are established and such rates Red Kid-/ Medium beans beans shall be those deemed adequate to cover ney White claims for bean crop losses and to pro­ Base price...... $6.70 $7.25 $6.95 vide the reserve prescribed in the Fed­ U. S. N o .l...... 6.60 7.15 6.85 Percent pick: U. S. No. 2...... 6.45 7.60 6.70 eral Crop Insurance Act. Premium 1...... $8.00 $6.49 6.45 2...... 7.86 6.35 U. S. No. 3...... 6.05 6.75 rates so established shall be shown on 8 ...... 7.70 6.20 the county actuarial table and shall be 4 ...... 7.64 6.05 y . ’...... 7.39 5.91 G reat N o r t h e r n B e a n s on file in the county office. 6 ...... 7.24 5.76 7...... 7.09 6.62 Percent of pick: Percent of pick: § 421.4 Application for insurance. Ap­ 8:...... 6.94 6.47 7______$5. 88 14______$4. 69 plication for insurance on Form FCI- 9 ...... -...... 6.79 5.32 8______5.71 15_____ 4. 52 91§|-B, “Application for Bean Crop In­ 10...... * 6.64 6.18 9___ . 5. 54 1 6 ______4.35 1 1 ...... 6.48 6.03 6.37 ____ 4.18 surance” may be made by any person to 12...... 6.33 5.88 10____ 17____ cover his interest as landlord, owner- 13...... 6.18 5.74 11______5.20 18______4.01 14...... 6.03 6.59 12 ___ . 5.03 19____ 3.84 operator, or tenant. Applications shall 1 5 ...... 5.88 5.44 13______4.86 20____ 3.67 be submitted to the county office on or 1 6 ...... 6.73 5.30 17...... 6.57 5.15 before the following closing dates for 18 ...... 5.42 6.00 In the case of Great Northern beans, filing applications: April 30, 1949, for 19...... 6.27 4.86 if the pick exceeds 20 percent, the ap­ Big Horn County, Wyoming and Tor­ 9D ______6.12 4.71 plicable price to be used in determining rance County, New Mexico. May 15,1949, the value of production shall be the lesser for Elbert County, Colorado; Goshen If the pick exceeds 20 percent, the ap- of $3.67 or the local market value of such County, Wyoming and Jerome County, * plicable price to be used in determining beans per cwt. net weight, as determined Idaho. May 31, 1949, for Huron and the value of production shall be the by the Corporation. Saginaw Counties, Michigan; and Liv­ lesser of the applicable 20 percent pick In the case of Pinto beans, if the beans ingston and Wayne Counties, New York. price shown, above or the local market grade U. S. Substandard or U. S. Sample, § 421.5 The contract. Upon accept­ value per cwt net weight, as determined the applicable price to be used in deter­ ance of an application for insurance by by the Corporation. _ mining the value of production shall be a duly authorized representative of the For beans containing moisture in ex­ the lesser of $6.75 or the local market Corporation, the contract shall be in ef­ cess of 18 percent and not in excess of value of such beans per cwt. net weight, fect and will consist of the application 20 percent, a deduction of 10 cents shall as determined by the Corporation. and the bean crop insurance policy is­ be made from the above applicable price. In the case of Small Red beans, if the sued by the Corporation. The provisions For beans containing moisture in excess beans grade U. S. Substandard or U. S. of this policy are shown in § 421.15. of 20 percent, a deduction from the ap­ Sample, the applicable price to be used plicable price shall be made of 10 cents in determining the value of production § 421.6 Price for valuing production. plus one cent for each two-tenths of one shall be the lesser of $6.45 or the local The value of production shall be deter­ percent moisture in excess of 20 percent. market value of such beans per cwt. net mined as follows: (c) In Huron and Saginaw Counties, weight, as determined by the Corpora­ (a) In Wayne County, New York, theMichigan, the production determined in tion. production determined in accordance accordance with the production schedule (e) In Big Horn County, Wyoming, the with the production schedule appearing appearing in section 15 of the policy shall production determined in accordance in section 15 of the policy shall be mul­ be multiplied by the applicable price in with the production schedule appearing tiplied by the applicable price in the fol- the following price schedule: in section 15 of the policy shall be mul­ . lowing price schedule: P ea and M e d iu m W h it e B e a n s tiplied by the applicable price in the fol­ R ed K id n e y B ea n s lowing price schedule: [Per cwt., net weight. Base price $7.05] [Per cwt., net weight. Base price $8.15] [Per cwt., ijet'weight] Percent pick: Percent pick: Percent pick: Percent pick: 1____ _ $6.90 11______$5. 50 Great Pinto 1____ -----$8. 00 11______$6.48 2 — .____ 6.75 12___ _ 5.48 Northern beans 2 • . ____ 7.85 12______6.33 3 _____ 6.60 13______5.35 beans 3—____ 13______6.18 4_____ 6. 45 1 4 ____ 5.22 4 ----- 7.54 14___ _. __ 6.03 5...... ____ 6.35 is — ____ 5.15 $6.90 $7.40 5_____ 15______5.88 6______6.21 16______5.08 TT f5 Nn 1 ______- 6.80 7.30 6 ...... 7.24 16______5.73 ____ 6.07 17______5.00 ü à! No. 2...... 6.65 7.15 7_____ IL S. No. 3--...... 6.15 6.90 7 17______5.57 8_____ 5.93 18______4.88 8...... 18______5.42 9 ______5.79 19______4.76 9...... 19______5.27 10____ 5. 65 20______4.64 G reat N o r t h e r n B e a n s 10____ 20_____ 5.12 If the pick exceeds 20 percent, the ap­ Percent of pick: Percent of pick: If the pick exceeds 20 percent, the appli­ plicable price to be used in determining 7______$6.06 14 ______$4. 88 cable price to be used in determining the 8 .— 5.89 15 __ 4.71 the value of production shall be the 9 ______i ______16 5.72__ 4.54 value of production shall be the lesser of lesser of $4.64 or the local market value 10 ______17 __ 4.37 5. 55 $5.12 or the local market value per cwt. per cwt. net weight of such beans, as 11 __ 5.38 18 __ 4.20 net weight, as determined by the Cor­ determined by the Corporation. 12 __ 5.22 19 __ 4.03 poration. For beans containing moisture in ex­ 13 __ 5. 05 20-—______3.86 For beans containing moisture in ex­ cess of 18 percent and not in excess of In the case of Great Northern beans, cess of 18 percent and not in excess of 20 percent, a deduction of 10* cents shall if the pick exceeds 20 percent, the ap­ 20 percent, a deduction of 10 cents shall be made from the above applicable price. plicable price to be used in determining be made from the above applicable price. For beans containing moisture in excess the value of production shall be the Por beans containing moisture in excess of 20 percent, a deduction from the ap­ lesser of $3.86 or the local market value of 20 percent, a deduction from the ap­ plicable price shall be made of 10 cents, of such beans per cwt. net weight, as de­ plicable price shall be made of 10 cents plus one cent for each two-tenths of one termined by the Corporation. plus one cent for each two-tenths of one percent moisture in excess of 20 per­ In the case of Pinto beans, if the beans percent moisture in excess of 20 percent. cent. grade U. S. Substandard or U. S. Sam­ (b) In Livingston County, New York, (d) In Jerome County, Idaho the pro­ ple, the applicable price to be used in the production determined in accord­ duction determined in accordance with determining the value of production ance with the production schedule ap­ the production schedule appearing in shall be the lesser of $6.90 or the local 436 RULES AND REGULATIONS market value of such beans per cwt. net shall the Corporation or any officer, em­ the farm with the right to plant the bean weight, as determined by the Corpora- ployee, or representative thereof, be a crop as his heir or heirs, administrator, . tion. proper party to any suit or action with executor, guardian, committee or con­ (f) In Goshen County, Wyoming, the reference to such indemnity, nor be servator, shall be substituted for the production determined in accordance bound by any judgment, order, or decree original applicant or the insured upon with the production schedule appearing rendered or entered therein. No officer, filing with the county office within 15 in section 15 of the policy shall be multi­ agent, or employee of the Corporation days (unless such period is extended in plied by the applicable price in the fol­ shall, because of any siich process, order, writing by the Corporation) after the lowing price schedule: or decree, pay or cause to be paid to any date of such death, judicial declaration, person other than the insured or other or before the date of the beginning of [Per cwt., net weight] person entitled to the benefits of the con­ planting of the bean crop, whichever Great tract, any indemnity payable in accord­ is earlier, a statement in writing in the Northern Pinto beans ance with the provisiòns of the contract. form and manner prescribed by the Cor­ beans Nothing herein contained shall excuse poration, requesting such substitution any person entitled to the benefits of the and agreeing to assume the obligations $7.05 $7.55 of the original applicant arising out of -TT. 8. N o 1 6.95 7.45 contract from full compliance with, or TT. S. N o. 2 ______6.80 7.30 performance of, any lawful judgment, such application or the contract. If no U. S. No. 3...... 7.05 order, or decree with respect to the dis­ such statement is filed, as required by position of any sums paid thereunder as this paragraph, the original application G reat N o r t h e r n B ea n s an indemnity. or contract shall be void? Percent of pick: Percent of pick: (b) The determination of the Corpo­ (d) The insured may be deemed to 5______$6. 65 18_____. _ _ $5.45 ration as to the existence or nonexistence have disappeared within the meaning of 6______6.50 1 4 ______5.30 of a circumstance in the event of which this subpart if he fails to file with the 7______6.35 15______5.15 indemnity payment may be made and of county office written notice of his new 8______6.20 16______5.00 the person (s) to whom such payment mailing address within 180 calendar days 9 ______6.05 17____ 4.85 will be made shall be final and conclu­ after any communication by or on behalf 10______5.90 18______4.70 of the Corporation is returned undeliv­ 11— —.____ 5.75 19______4.55 sive, and payment of an indemhity to 12______5.60 20______4.40 such person (s) shall constitute a com­ erable at the last known address of the plete discharge of the Corporation’s ob­ insured. In the case of Great Northern beans, ligation with respect to the loss for which § 421.10 Fiduciaries. Any indemnity if the pick exceeds 20 percent, the appli­ such indemnity is paid and settled and cable price to be used in determining payable under a contract entered into shall be à bar to recovery by any other in the name of a fiduciary who is no the value of production shall be the lesser person. of $4.40 or the local market value of longer acting in such capacity at the such beans per cwt. net weight, as deter­ § 421.8 Public notice of indemnities time for the payment of indemnity, will mined by the Corporation. paid. The Corporation shall provide for be made to the succeeding fiduciary upon In the case of Pinto beans, if the beans the posting in each county at the county appropriate application and proof satis­ grade U. S. Substandard or U. S. Sample, courthouse of a list of indemnities paid factory to the Corporation of his incum­ the applicable price to be used in deter­ for losses on farms in such county. bency. If there is no succeeding fidu­ mining the value of production shall be § 421.9 Death, incompetence, or dis­ ciary, payment of the indemnity shall the lesser of $7.05 or the local market appearance of insured, (a) If the in­ be made to the persons beneficially en­ value of such beans per cwt. net weight, titled under this subpart to the insured sured dies, is judicially declared in­ interest in the bean crop to the extent as determined by the Corporation. competent, or disappears after the plant­ (g) In Elbert County, Colorado, and of their respective interest, upon proper ing of the bean crop but before the time application and proof of the facts: Pro­ "Torrance County, New Mexico, the pro­ of loss, and his insured interest in the duction determined in accordance with vided, however, That the settlement may bean crop is a part of his estate at such be made with any one or more of the the production schedule appearing in time, or if the insured dies, is judicially section 15 of the policy shall be multi­ persons in behalf of all the persons so declared incompetent, or disappears entitled, whether or not the person to plied by the applicable price in the fol­ subsequent to such time, the indemnity, lowing price schedule : whom payment is made has been author­ if any, shall be paid to the legal repre­ ized by the other interested persons to P in t o B ea n s sentative of his estate, if one is appointed receive such payment. or is duly qualified. If no such repre­ [Per cwt., net weight. Base price $7.40] sentative is or will be so qualified, the § 421.11 Assignment or transfer of U. S. No. 1...... $7.30 indemnity shall be paid to the persons claims for refunds of excess note pay­ U. S. No. 2______7.15 beneficially entitled to share in the in­ ments not permitted. No claim for a U. S. No. 3______6.90 sured interest in the bean crop or to refund of an excess note payment or any If the beans grade U. S. Substandard any one or more of such persons on be­ part thereof, or any interest therein, shall or U. S. Sample, the applicable price to half of all such persons: Provided, how­ be assignable or transferable, notwith­ be used in determining the value of pro­ ever, That if the indemnity exceeds $500, standing any assignment of the contract duction shall be the lesser of $6.90 or the the Corporation may withhold the pay­ or any transfer of interest in the bean local market value of such beans per ment of the indemnity until a legal rep­ crop covered by the contract. Refund cwt. net weight, as determined by the resentative of the insured’s estate is duly of any excess note payment will be made Corporation. qualified to receive such payment. only to the person who made such pay­ (h) In all counties the applicable price (b) If the insured dies, is judicially ment, except as provided in § 421.12. for appraised production shall be that declared incompetent, or disappears § 421.12 Refund of excess note pay­ determined by the Corporation on the after the planting of the bean crop but ments in case of death, incompetence, or basis of its estimate of the applicable before the time of loss, and his insured disappearance. In any case where a grade or pick. interest in the bean crop is not a part person v:ho is entitled to a refund of an § 421.7 Person to whom indemnity of his estate at such time, the indemnity, excess note payment has died, has been shall be paid, (a) Any indemnity pay­ if any, shall be paid to the person (s) judicially declared incompetent, or has able under a contract shall be paid to who succeeded to his interest in the crop disappeared, the provisions of § 421.9 the insured or such other person as may in the manner provided for in the bean with ref erence to the payment of indem­ crop insurance policy. nities in any such case shall be applicable be entitled to the benefits of the contract (c) If an applicant for insurance or under the provisions of this subpart, with respect to the making of any such the insured, as the case may be, dies, refund. notwithstanding any attachment, gar­ or is judicially declared incompetent less nishment, receivership, trustee process, than 15 days before the closing date for § 421.13 Creditors. An interest (in­ judgment, levy, equity, or bankruptcy the filing of applications for insurance cluding an involuntary transfer) in an directed against the insured or such and before the beginning of planting of insured bean crop existing by virtue of a other person, or against any indemnity the bean crop intended to be covered debt, lien, mortgage, garnishment, levy, alleged to be due to such person(s) ; nor by insurance, whoever succeeds him on execution, bankruptcy, or any other Tuesday, February 1, 1949 FEDERAL REGISTER 437 process shall not entitle any holder of which is destroyed or substantially destroyed (b) If, at the completion of threshing of any such interest to any benefits under (as defined in section 11) and on which it is the insured bean crop, a loss under the con­ practical to replant to beans, as determined tract has been sustained, notice in writing the contract. by the Corporation, and such acreage is not (unless otherwise provided by the Corpora­ § 421.14 Rounding of fractions. The replanted to beans, (b) any acreage initially tion) shall be given immediately to the Cor­ premium, the total coverage and the planted to beans too late to expect a normal poration at the county office. If such notice crop to be produced, as determined by the is not given within 15 days after threshing is value of the total production shall be Corporation, and (c) new ground acreage. completed, or February 10, 1950, whichever rounded to cents. Total production (For irrigated acreage also see section 30.) date is earlier, the Corporation reserves the shall be rounded to pounds. Fractions 5. Insured interest. The insured interest right to reject any claim for indemnity. of acres shall be rounded to tenths of in the bean crop covered by the contract 11. Released acreage. Apy insured acreage acres. Computations shall be carried shall be the insured’s Interest at the time on which the bean crop has been destroyed one digit beyond the digit that is to be of planting as specified on the application or substantially destroyed may be released rounded. If the last digit is 1, 2, 3, or or the Interest which the Corporation de­ by the Corporation to be put to another use, 4, the rounding shall be downward. If termines as the Insured’s actual interest in The bean crop shall be deemed to have been the crop at the time of planting, whichever substantially destroyed if the Corporation the last digit is 5, 6, 7, 8, or 9, the round­ the Corporation shall elect. For the purpose determines that it has been so badly dam­ ing shall be upward. of determining the amount of loss the in­ aged that farmers generally in the area § 421.15 The policy. The provisions sured interest shall not exceed the insured’s where the land is located and on whose farms of the bean crop insurance policy are as actual interest at the time of loss or the similar damage occurred would not further beginning of harvest, whichever occurs first. care for the crop or harvest any portion follows: 6. Coverage per acre, (a) The coverage thereof. No insured acreage may be put to In consideration of the representations and per acre is progressive by stages of produc­ another use until the Corporation releases provisions in the application upon which tion as follows : such acreage. . this policy is issued, which application is First stage. Acreage released by the Cor­ On any acreage where the bean crop has made a part of the contract, and subject to poration and not pulled or cut. been partially destroyed but not released by the terms and condtions set forth or referred Second stage. Acreage released by the Cor­ the Corporation, proper measures shall be to herein, the Federal Crop Insurance Cor­ poration after pulling or cutting but before taken to protect the crop from further dam­ poration (hereinafter designated as the “Cor­ threshing. age. There shall be no abandonment of any poration”) does hereby insure Third stage. Acreage threshed. crop or portion thereof to the Corporation. (b) The coverage per acre shall be the 12. Time of loss. Any loss shall be deemed Name Policy number applicable number of dollars, established for to have occurred at the end of the insur­ the area in which the insured acreage is lo­ ance period unless the entire bean crop on Address County State cated, and shall be shown by practice(s) on the insurance unit was destroyed or sub­ the county actuarial table on file in the coun­ stantially destroyed earlier, in which event (hereinafter designated as the “insured") ty office. the loss shall be deemed to have occurred against loss on his dry edible bean crop while 7. Predetermined price for valuing produc­ on the date of such destruction, as deter­ in the field due to unavoidable causes includ­ tion. In determining any loss under the mined by the Corporation. ing drought, flood, hail, wind, frost, freeze, contract, the value of the production shall 13. Proof of loss. If a loss is claimed, the lighting, fire, excessive rain, snow, wildlife, be determined on the basis of the applicable insured shall submit to the Corporation, a hurricane, tornado, insect infestation, plant price(s) shown in the attached price rider. form entitled “Statement in Proof of Loss,” disease and such other unavoidable causes 8. Insurance period. Insurance with re­ containing such information regarding the as may be determined by the Board of Direc­ spect to any insured acreage shall attach at manner and extent of the loss as may be tors of the Corporation. the time the beans are planted. Insurance required by the Corporation. The statement (For irrigated acreage also see section 30.) shall cease with respect to any portion of in proof of loss shall be submitted not later In witness whereof, the Federal Crop In­ the bean crop covered by the contract upon than sixty days after the time of loss, unless surance Corporation has caused this policy threshing or removal from the field, but in the time for submitting the claim is ex­ to be issued th is ------day o f ------no event shall the insurance remain in effect tended in writing by the Corporation. It 1949. later than December 15, 1949, unless such shall be a condition precedent to any liabil­ F ederal Crop I n su r a n c e time is extended in writing by the ity under the contract that the Insured es­ C o rporation, Corporation. tablish the amount of any loss for which By ------9. Causes of loss not insured against. The claim is made, and that such loss has been State Crop Insurance Director. contract shall not cover loss caused by: (a) directly caused by one or more pf the haz­ Failure to follow recognized good farming ards insured against by the contract during TERMS AND CONDITIONS practices; (b) poor farming practices, in­ the insurance period, and that the insured 1; Classes of beans insured. The class or cluding but not limited to the use of defec­ further establish that the loss has not arisen classes of beans to be insured shall be those tive or unadapted seed, failure to plant a from or been caused by, either directly or specified on the application for insurance. sufficient quantity of seed, failure properly indirectly, any of the causes of loss not in­ 2. Insurable acreage. Any acreage is in­ to prepare the land for planting or properly sured against by the contract. If a loss is surable only if a coverage is shown therefor to plant, care for or harvest and thresh the claimed, any insured bean acreage which is on the county actuarial table (including insured crop (including unreasonable delay not to be harvested shall be left intact until maps and related forms) on the applicable thereof) ; (c) following different fertilizer or the Corporation makes an inspection. calendar closing date for filing applications farming practices than those considered in 14. Insurance unit. Losses shall be deter­ fo rinsurance (hereinafter called the “clos­ establishing the coverage per acre; (d) plant­ mined separately for each insurance unit ex­ ing date”) provided the farming practice fol­ ing beans on land which is generally not cept as provided in section 15 (b). An in­ lowed on such acreage is one for which a considered capable of producing a bean crop surance unit consists of (a) all the insur­ coverage was established. comparable to that produced on the land able acreage of beans in the county in which 3. Responsibility of insured to report acre­ considered in establishing the coverage per the insured has 100 percent interest at the age and interest. Each applicant shall specify acre; (e) planting excessive acreage under time of planting, or (b) all the insurable on his application the number of acres of abnormal conditions; (f) planting another acreage of beans in the county which is beans in which he expects to have an inter­ crop with the beans or in the growing bean owned by one person and is operated by the est on each insurance unit in the county, crop; (g) planting beans under conditions of insured as a share tenant at the time of «s and his interest in each such acreage. These immediate hazard; (h) inability to obtain planting, or (c) all the insurable acreage, data may be revised by the applicant on or labor, seed, fertilizer, machinery, repairs or of beans in the county which is owned by before the closing date. After the comple­ insect poison; (i) break-down of machinery, the insured and is rented to one share tenant tion of planting of the bean crop on any in­ or failure of equipment due to mechanical at the time of planting. Acreage shall be surance unit covered by the contract, but not defects; (j) neglect or malfeasance of the considered to be located in the county if a later than July 15, 1949, the insured may insured or of any person in his household coverage is shown therefor on the county file a revised report with respect to such or employment or connected with the farm actuarial table. Land rented for cash or for unit showing the actual acreage of beans as tenant or wage hand; (k) domestic ani­ a fixed commodity payment shall be con­ planted thereon, provided the planted bean mals or poultry; or (1) theft. (For irrigated sidered as owned by the lessee. acreage for the insurance unit is not more acreage also see section 30.) 15. Amount of loss, (a) The amount of than the bean acreage shown on the applica­ 10. Notice of loss or damage, (a) If a loss loss with respect to any insurance unit shall tion for such» unit as of the closing date. under the contract is probable, notice in be determined by (1) multiplying the planted 4. Insured acreage. The insured acreage writing (unless otherwise provided by the acreage (exclusive of any acreage to which with respect to each insurance unit shall be Corporation) shall be given the Corporation insurance did not attach) by the applicable the acreage of beans as reported by the in­ at the county office immediately after any coverage per acre, (2) subtracting therefrom sured or as determined by the Corporation, material damage to the insured bean crop. the value (based on the applicable price set whichever the Corporation shall elect, ex­ The crop shall not be harvested, removed, or forth in the attached price rider) of the cept that insurance shall not attach with any other use made of it until it has been total production, and (3) multiplying the re­ respect to (a) any acreage planted to beans inspected by the Corporation. mainder by the insured interest in such No. 20----- 2 438 RULES AND REGULATIONS

unit. However, if the planted acreage on the sured acreage to the planted acreage except the interest so transferred, whereupon the Insurance unit exceeds the Insured acreage that the Corporation may elect to make the transferee and the transferor shall’ be -Jointly on the insurance unit, or if thé premium reduction on the basis of the ratio of the pre­ and severally liable for the amount of such computed for the planted acreage is more mium computed for the Insured acreage to premium. Any transfer shall be subject to than the premium computed for the Insured the premium computed for the planted acre­ any collateral assignment made by the orig­ acreage, the amount of loss so determined age. The total production for an insurance inal Insured in accordance with section 21. shall be reduced. This reduction shall be unit shall include all production determined However, the Corporation shall hot be liable made on the basis of the ratio of the in- in accordance with the following schedule. for a greater amount of indemnity in con­ nection with the insured crop than would P ro d uction Sc h ed u le have "been paid if the transfer had not taken place. • Acreage classification Total production [cwt.—net weight] (b) An involuntary transfer of an in­ 1. Acreage on which beans are Actual production of beans threshed. sured interest in a bean crop solely because threshed. of the existence of a debt» lien, mortgage, 2. Acreage released by the Corporation That portion of the appraised production for such garnishment, levy, execution, bankruptcy, or before pulling or cutting. other process shall not entitle any holder of acreage which is in excess of the number of cwt. any such interest to any benefits under the determined by (1) subtracting the total coverage contract. for such acreage from what the total coverage for (c) Any deduction to be made from an such acreage would be if the acreage were indemnity payable to the transferee shall threshed, and (2) dividing the result thus ob­ not exceed the annual premium plus any in­ tained by the applicable base price set forth in terest due on the land involved in the trans­ the attached price rider. fer plus the unpaid amount of any other 3. Acreage released by the Corporation That portion of the appraised production for such obligation of the 'transferee to* the Corpo­ after pulling or cutting but be­ acreage which is in excess of the number of cwt. ration. fore threshing. determined by (1) subtracting the total coverage (d) If, as a result of any transfer, diverse for such acreage from what the total coverage interests appear with respect to any insur­ for such acreage would be if the acreage were ance unit, any indemnity payable with re­ threshed and (2) dividing the result thus ob­ spect to such unit may be paid jointly to all tained by the applicable base price set forth in persons having the Insured interest in the the attached price rider. bean crop at the time harvest is commenced 4. Acreage put to another use without Appraised production for such acreage but not less or the time of loss, whichever occurs first, the consent of the Corporation. or to one of such persons on behalf of all than the product of (1 ) such acreage and (2) the such persons, and payment in any such man­ cwt. equivalent of the coverage per acre for ner shall constitute a complete discharge of threshed acreage determined on the basis of the the Corporation’s liability with respect to applicable price set forth in the attached price such unit under the contract. rider. 18. Determination of person to whom in­ 5. Acreage with reduced yield due Appraised number of cwt. by which production for demnity shall be paid. In any case where solely to cause (s) not insured such acreage has been reduced, but not less than the insured has transferred his interest in against. the product of (1) such acreage and (2) the cwt. all or a part of the bean crop on any in­ equivalent of the coverage per acre for threshed surance unit, or has ceased to act as a fidu­ acreage determined on the basis of the applicable cia ry , or has died, has been judicially de­ price set forth in the attached price rider, minus clared incompetent or has disappeared, pay­ any threshed beans. ment in accordance with the provisions of 0.' Acreage with reduced yield due par­ Appraised number of cwt. by which production has the contract shall be made only after the tially to cause(s) not Insured been reduced because of cause(s) not insured facts have been established to the satisfac­ against and partially to cause(s) against. tion of the Corporation. The determination Insured against. of the Corporation as to the existence or non­ existence of a circumstance in the event of (b) If the production from two or more which payment may be made and of the (c) Any indemnity payable under a con­ person(s) to whom such payment will be Insurance units is commingled and the in­ tract shall be paid to the insured or such sured fails to establish and maintain records made sljall be final and conclusive. Pay­ other person as may be entitled to the bene­ ment of an indemnity under this section satisfactory to the Corporation of acreage fits under the provisions of the contract, or the production from each, the insurance shall constitute a complete discharge of the notwithstanding any attachment, garnish­ Corporation’s obligation with respect to the with respect to such units may be voided ment, receivership, trustee process, judgment, by the Corporation and the premium for­ loss for which such indemnity is paid and levy, equity, or bankruptcy, directed against settled and shall be a bar to recovery by any feited by the insured. However, if all the the insured or such other person, or against other person. component parts are insured, the total cover­ any indemnity alleged to be due- to such age for the component parts may be con­ 19. Other insurance, (a) If the insured person; nor shall the Corporation or any offi­ has or acquires any other insurance against sidered by the Corporation as the total cover­ cer, employee, or representative thereof, be age for the combination, in which case any substantially all the risks’* that are insured a proper party to any suit or action with against by the Corporation under the con­ loss for such combination shall be deter­ reference to such indemnity, nor be bound mined as outlined in paragraph (a) .of this tract, regardless of whether such other insur­ by any judgment, order, or decree rendered ance is valid or collectible, the liability of section. Where thç insured fails to estab­ or entered therein. Nothing herein con­ lish and maintain separate records, satisfac­ the Corporation shall not be greater than tained shall excuse any person entitled to its share would be if the amount of its obliga­ tory to the Corporation, of uninsured acre­ the benefits of the contract from full com­ age and production therefrom and for ong tions were divided equally between the Cor­ pliance with, or performance of, any lawful poration and such other insurer, or more Insurance units or portions thereof, »Judgment; order, or decree-with respect to any production from such acreage which is (b) In any case where an indemnity is the disposition of any sums paid thereunder paid to the insured by another Government commingled with production from the in­ as an indemnity. sured acreage shall be considered to have agency because of damage to the bean crop, (d) If a check issued in payment of an the Corporation reserves the right to deter­ been produced on the insured acreage or the indemnity is returned undeliverable at the insurance with respect to such unit(s) under mine its liability under the contract takiffl; last known address of the payee, and if such into consideration the amount paid by such the contract may be voided by the Corpora­ payee or other person entitled to the indem­ tion and the premium forfeited by the other agency. nity makes no claim for payment within two 20. Subrogation. The Corporation may re­ insured. years after the issuance of the check, such 16. Payment of indemnity, (a) Indem­ quire from the insured an assignment of claim shall not thereafter be payable, except all rights of recovery against any person(s) nities shall be paid only by check. The with the consent of the Corporation. amount of indemnity for which the Cor­ for loss or damage to the extent that pay­ 17. Payment to transferee, (a) If the in­ment therefor is made by the Corporation, poration may be liable will be payable within sured transfers all or a part of his insured thirty days after satisfactory proof of loss is and the insured shall execute all papers re­ interest in a bean crop before the beginning quired and shall do everything that may be approved by the Corporation, but if pay­ of harvest or the time of loss, whichever oc­ ment is delayed for any reason, the Cor­ curs first, he shall immediately notify the necessary to secure such rights. poration shall not be liable fof Interest or Corporation thereof in writing at the county 21. Collateral assignment. The original damages on account of such delay. office. The transferee under such a transfer insured may assign his right to an. indem­ (b) Indemnities shall be subject to all will be entitled to the benefits of the con­ nity under the contract by executing a form provisions of the contract, including the tract with respect to the interest so trans­ entitled “Collateral Assignment” and upon right of the Corporation to deduct from any ferred, provided the transferee immediately approval thereof by the Corporation the in­ indemnity the unpaid amount of any earned following the transfer makes suitable ar­ terest of the assignee will be recognized, in­ premium plus any interest due or any other rangements with the Corporation for the cluding the right of the assignee to submit obligation of the insured to the Corporation. payment of any premium with respect to a “Statement in Proof of Loss” if the insured Tuesday, February 1, 1949 FEDERAL REGISTER 439 refuses to submit or disappears without hav­ (d) "County office” means the office of amended, or any other act of Congress or ing submitted such statement. the county Agricultural Conservation Asso­ program administered by the United States 22. Records and access to farm. For the ciation in the county or other office speci­ Department of Agriculture. There shall be purpose of enabling the Corporation to de­ fied by the Corporation. no refund of any premium overpayment of termine any loss that may have occurred (e) “Crop year” means the period within less than $1.00 unless written request for under the contract, the insured shall keep, which the bean crop is planted and nor­ such refund is received by the Corporation or cause to be kept, for one year after the mally harvested, and shall be designated within one year after the payment thereof. time of loss, records of the harvesting, stor­ by reference to the calendar year in which 30. Irrigated acreage, (a) In addition to age, sale or other disposition, of all beans the crop is normally harvested. the provisions of section 4, where insurance produced on each insurance unit covered by (f) "Cwt.” means 100 pounds. is written on an irrigated basis the following the contract, and on any uninsured acreage (g) “Net weight” means the weight of provisions shall apply: in the county in which he has an interest cleaned beans minus the weight equivalent (1) The -acreage of beans which shall be and such records shall be made available of the moisture content in fexcess of 18 per­ insured on an irrigated basis in any year for examination by the Corporation. As cent determined in accordance with the shall not exceed that acreage which can be often as may be reasonably required, any standards established by- the United States irrigated properly with facilities available person (s) designated by the Corporation Department of Agriculture. and with a supply of irrigation water which shall have access to the farm(s) for pur­ (h) “New ground acreage” means any could reasonably be expected, taking into poses related to the contract. acreage which has not been planted to a consideration the amount of water required 23. Voidance of contract. The contract crop in any one of the previous three crop to properly irrigate the acreage of all irri­ may be voided and the premium forfeited years, except that acreage in tame hay or gated crops on the farm, except that in areas to the Corporation without the Corporation’s rotation pasture during the previous crop where a part of the beans is normally irri­ waiving any right or remedy, including its year shall not be considered new ground gated and a part is not normally irrigated, right to collect the amount of the premium acreage. the acreage of beans which shall be insured note executed by the insured, whether before (i) “Person” means an individual, part­ on an irrigated basis in any year shall not or after maturity, if (a) at any time the in­ nership, association, corporation, estate or exceed that acreage which could be irrigated sured has concealed any material fact or trust, or other business enterprise or other in a normal year with the facilities made any false or fraudulent statements re­ legal entity and, wherever applicable, a available. lating to the contract, the subject thereof, state, a political subdivision of a state, or (2) Insurance shall not attach with respect or his interest in the bean crop-covered any agency thereof. to acreage planted to beans the first year thereby, or (b) the Insured shall neglect to (j) “Pick” means the defects consisting after being leveled. use all reasonable means to produce, care of splits, damaged beans, contrasting classes (3) In Torrance County, New Mexico, in­ for or save the bean crop covered thereby, and foreign material included in net weight surance shall not attach with respect to acre­ whether before or after damage has oc­ beans, and where used shall be expressed in age planted to beans the first year such curred, or (c) the insured fails to give any terms of percfent of net weight beans. acreage is irrigated. notice, or otherwise fails to comply with the (k) “Share tenant” means a person who (b) .In addition to the causes of loss in­ terms of the contract, Including the pre­ rents land from another person for a share sured against as shown on the first page of mium note, at the time and in the manner of the crop(s) or proceeds therefrom pro­ this policy the contract shall cover loss due prescribed. duced on such land. to failure of the water supply from natural 24. Modification of contract. No notice 28. Amount of annual premium. The pre­ causes that could not be foreseen and pre­ to any representative of the Corporation or mium rate per acre will be the applicable vented by the insured, including (1 ) lower­ the knowledge possessed by any such repre­ number of dollars established by the Corpo­ ing of the water level in pump wells ade­ sentative or by any other person shall be ration for the coverage and rate area in quate at the beginning of the growing sea­ held to effect a waiver of or change in any which the insured acreage is located and will son to the extent that either deepening the part of the contract, or to estop the Cor­ be shown by practices on the county actu- well or drilling a new well would be neces­ poration from asserting any right or power - arial table on file in the county office. The sary to obtain an adequate supply of water, under such contract, nor shall the terms of premium for each insurance unit under the (2) failure of public power used for pump­ such contract be waived or changed except contract will be based upon (a) the insured ing or failure of an irrigation district or as authorized in writing by a duly authorized acreage, (b) the applicable premium rate(s), water company to deliver water where such officer br representative of the Corporation; and (c) the insured interest in the bean crop failure is not within the control of the in­ nor shall any provision or condition of the at the itme of planting. The premium for sured, and (3) the collapse of casing in wells. contract or any forfeiture be held to be the contract shall be the total of the pre­ (c) In addition to the causes of loss not waived by any delay or omission by the Cor­ miums computed for the insured for all in­ insured against as shown in Section 9, the poration in exercising its rights and powers surance units covered by the contract. The contract shall not cover loss caused by (1) thereunder or by any requirement, act, or pro­ premium with respect to any acreage shall failure to provide adequate casing or prop­ ceeding on the part of the Corporation or be regarded as earned when the bean crop erly to adjust the pumping equipment in the of its representatives relating to appraisal on such acreage is planted. event of a lowering of the water level in or to any examination herein provided for. 29. Manner of payment of premium, (a) pump wells when such adjustment can be 25. General, (a) In addition to the terms The applicant executes a premium note by made without deepening the well, (2) fail­ and provisions in the application and policy, signing the application for bean crop insur­ ure properly to apply irrigation water to the Dry Edible Bean Crop Insurance Regu­ ance. This note represents a promise to pay beans in proportion to the need of the crop lations for Annual Contracts covering the to the Corporation, on or before August 31, and the amount of water available foy all 1949 Crop Year shall govern with respect to 1949, the premium for all insurance units Irrigated crops, and (3) shortage of irriga­ (1) minimum participation requirement, (2) covered by the contract. tion water on any farm where the Corpo­ closing date for filing applications for insur­ (b) A discount of five percent shall be ration determines that the total acreage ance, (3) death, incompetence, or disappear­ allowed on any premium which is paid in full of all irrigated crops on the farm is in excess ance of the insured, (4) fiduciaries, (5) pro­ on or before the closing date. of that which could be irrigated properly hibition against assignment or transfer of (c) Any premium note not paid at ma­ with the facilities available and with the claims for refunds, (6) creditors, and (7) turity shall bear interest computed not on supply of irrigation water which could be rounding of fractions. a per annum basis but as follows: Three reasonably expected. (b) Copies of the regulations and forms percent on the principal amount not paid on N o t e : The record keeping requirements o f referred to in this policy are available at or before December 31, 1949, and an addi­ these regulations have been approved by, the county office. tional three percent on the principal amount and subsequent reporting requirements will 26. Meaning rf terms. For the purpose of owing at the end of each six-month period be subject to the approval of thé Bureau of the Bean Crop Insurance Program, the term: thereafter. » the Budget in accordance with the Federal (a) “Cleaned beans,” as applied to the (d) Payment on any premium shall be general appearance of beans, means that the made by means of cash or by check, money Reports Act of 1942. beans are practically free froim such small, order, postal note, or bank draft payable to Adopted by the Board of Directors on shriveled, undeveloped, split and broken the order of the Treasurer of the United beans and foreign material as can be removed States. All checks and drafts will be ac­ January 24, 1949. readily in the ordinary processes of milling cepted subject to collection and payments [seal] E. D. B erkaw, or screening. tendered shall not be regarded as paid unless Secretary, (b) “Contract” means the accepted ap­ collection is made, Federal Crop Insurance Corporation. plication for insurance and this policy. (e) Any unpaid amount of any premium (c) “County Actuarial Table” means the plus any interest due may be deducted Approved: January 26, 1949. form and related material (including the (either before or after the date of maturity) crop insurance maps) approved by the Cor­ from any indemnity payable by the Corpo­ Charles F. B rannan, poration for listing the coverages per acre ration, from the proceeds of any commodity Secretary of Agriculture. and the premium rates per acre applicable loan to the insured, and from any payment in the county, and shall be on file in the made to the insured under the Soil Conser­ [F. R. Doc. 49-744; Filed, Jan. 31, 1949; county office. vation and Domestic Allotment. Act, as 8:47 a. m.] 440 RULES AND REGULATIONS

Chapter IX—-Production and Mar­ (2) The aforesaid agreement amend­ means the school districts of Alpine and keting Administration (Marketing ing the marketing agreement, as Lodi; (vi) “Live Oak Election District” Agreements and Orders), Depart­ amended, has been executed by handlers means all of the school districts in the ment of Agriculture who were signatory parties to said mar­ Lodi District, other than those included keting agreement, as amended, and who, In the Acampo, Woodbridge, Lafayette, during the aforesaid marketing season, Victor, and Alpine Election Districts. P a r t 951—T o k a y G r a p e s G r o w n i n handled not less than 50 percent of the C a l i f o r n ia volume of Tokay grapes, grown in the 4. Delete the third sentence from State of California, handled by all §951.2 (a). ORDER AMENDING ORDER, AS AMENDED, 5. Insert the following immediately REGULATING HANDLING handlers signatory to said marketing agreement, as amended, during said preceding the semicolon in § 951.2 (m) § 951.0 Findings and determinations. marketing season; (3) : “, and to engage in such research The findings and determinations herein­ (3) The issuance of this order, amend­ and service activities relating to the han­ after set forth are supplementary to and ing the aforesaid order as amended, is dling of grapes as may be approved, from In addition to the findings and determi­ favored and approved by at least two- time to time, by the Secretary”, nations made in connection with the is­ thirds of the producers who participated 6. In §§ 951.2 (m) (13),951.2 (m) C15), suance of this order and each of the pre­ in a referendum on the question of its and 951.2 (p) (5), delete the terms viously issued amendments thereto; and approval and who, during the determined “§§951.4 and 951.5” and insert, in lieu all of said previous findings and determi­ representative period (April 1, 1947 to thereof, the words “the provisions.” nations are hereby ratified and affirmed March 31, 1948, both inclusive), were 7. Delete the first sentence in § 951.3 except insofar as such findings and de­ engaged, within the State of California, (a) and insert, in lieu thereof, the follow­ terminations may be in conflict with the in the production for market of Tokay ing: “The Industry Committee is auth­ findings and determinations set forth grapes; and orized to incur such expenses as the Sec­ herein. (4) The issuance of this order, amend­ retary may find are reasonable and are (a) Findings upon the basis of the ing the aforesaid order as amended, is likely to be incurred by the Industry hearing record. Pursuant to the Agri­ favored and approved by producers who Committee during the then current sea­ cultural Marketing Agreement Act of participated in the aforesaid referendum son for its maintenance and functioning Ï937, as amended (7 U. S. C. 1946 ed. 601 on the question of its approval and who, and for such research and service activi­ during the aforesaid determined repre­ ties relating to the handling of grapes as et seq.; 61 Stat. 208, 707), and the rules the Secretary may determine to be ap­ of practice and procedure effective sentative period, produced* for market, propriate.” thereunder (7 CFR and Supps., 900.1 et within the State of California, at least seq.), a public hearing was held at Lodi, two-thirds of the volume of Tokay 8. In the first sentence in § 951.3 (b) grapes, produced during said period by delete the words after “will be” and in­ California,'beginning on April 15, 1948, sert, in lieu thereof, the following: “in­ upon proposed amendments to Market­ all producers who participated in said referendum. curred, as aforesaid, by the committee ing Agreement No. 93, as amended, and during such season.” Order No. 51, as amended (7 CFR, Cum. It is, therefore, ordered, That, on and 9. In § 951.4 (b) delete subparagraph Supp., 951.1 et seq.), regulating the after the effective date hereof, the han­ (2) and renumber subparagraph “(3)” handling of Tokay grapes grown in the dling of Tokay grapes grown in the State of California shall be in conformity to, as “(2).” State of California. Upon the basis of 10. Delete the provisions of subpara­ the evidence introduced at such hearing and in compliance with, the terms and graphs (1) through (5) of § 951.4 (c) and the record thereof, it is found that: conditions of the aforesaid order, as Exemptions, renumber subparagraph (6) (1) The said order, as amended, and amended and as hereby further amend­ of §951.4 (c)-to read “(5),” and insert as hereby further amended, and all of ed; and such order is hereby further the following: the terms and conditions thereof,, will amended as follows: tend to effectuate the declared policy of 1. Insert the following immediately (1) The Industry Committee shall, the act; preceding the period in § 951.1 (b): “and subject to the approval of the Secretary, (2) The said order, as amended and as further amended by Public Law 305, 80th adopt the procedural rules to govern the hereby further amended, regulates the Cong., approved August 1, 1947”. issuance of exemption certificates. handling of Tokay grapes grown in the 2. Delete § 951.1 (g) and insert, in lieu (2) In the event the Secretary issues State of California in the same manner thereof, the following: a regulation pursuant to this section, the Industry Committee shall determine for as, and is applicable only to persons in (g) “Handle” is synonymous with the respective classes of industrial and each district the percentage which the “ship” and means to sell, load in a con­ grapes produced in each such district, commercial activity specified in, the veyance for transportation, offer for marketing agreement and the proposed and permitted to be shipped under such transportation, transport, deliver to a re­ regulation, is of the quantity of grapes amendments thereto upon which hear­ frigerated storage warehouse in the ings have been held; and produced in the respective district which State of California, or, in any other way would be shipped in the absence of such (3) There are no differences in the pro­ to place grapes in the current of com­ duction and marketing of said grapes regulation. An exemption certificate merce between the State of California shall thereafter be issued by the Industry grown in the production area covered by and any point outside thereof, or so as the said order, as amended and as hereby Committee to any grower who furnishes directly to burden, obstruct, or affect proof, satisfactory to such committee, further amended, that make necessary such commerce. different terms and provisions applicable that by reason of conditions beyond his to different parts of said area. 3. Delete § 951.1 (k) (1) and insert, in control he will be prevented, because of lieu thereof, the following: the regulation issued, from shipping or (b) Determinations. It is hereby de­ having shipped a percentage of his crop termined that: (1) “Lodi District” meaps the Countyof grapes equal to the percentage deter­ (1) The agreement amending the mar­of San Joaquin, and shall be divided into mined as aforesaid of all grapes per­ keting agreement, as amended, regu­ the following Election Districts: (i) mitted to be shipped from his district. lating the handling of Tokay grapes “Acampo Election District” means the The certificate shall permit such grower grown in the State of California, upon school district of Houston; (ii) “Wood- to ship, or have shipped, a percentage of which the aforesaid public hearing was bridge Election District” means the his crop of grapes equal to the percent­ held, has been executed by handlers (ex­ school district of Woods, and that por­ age determined as aforesaid. cluding cooperative associations of pro­ tion of the Galt Joint Union School Dis­ (3) In the event the Industry Commit­ ducers who were not engaged in process­ trict situated in San Joaquin County; tee determines that, by reason of general ing, distributing, or shipping the fruit (iii) “Lafayette Election District” means crop failure or other general unusual covered by this order) who, during the the school districts of Lafayette, Hen­ conditions within a particular district, it marketing season April 1,1947, to March derson, Turner, Ray, Terminous and is not feasible or would not be equitable 31,1948, both inclusive, handled not less New Hope; (iv) “Victor Election District” to issue exemption certificates to growers than 50 percent of the volume of Tokay means the school districts of Bruella, within such district on the basis set forth grapes covered by said order, as amended Victor, Lockeford, Oak View and Clem­ in subparagraph (2) of this paragraph, it and hereby further amended; ents; (v) “Alpine Election District” shall issue such certificates on the basis Tuesday, February 1, 1949 FEDERAL REGISTER 441 of the average of the percentages, as de­ to effectuate the declared policy of the official establishment desiring to work termined in subparagraph (2) of this act, he shall establish such standards, under conditions which will require the paragraph, of the crops of grapes per­ designate such period, and so limit the services of an employee of the Division mitted to be shipped from both districts. shipment of such grapes. The Secretary on any Saturday, Sunday, or holiday, or An exemption certificate shall thereafter shall immediately notify the Industry for more than 8 hours on any day, in­ be issued by the Industry Committee to Committee of the issuance of such regu­ cluding Monday through Friday, shall, any grower who furnishes proof, satis­ lation, and said committee shall give such sufficiently in advance of the period of factory to such committee, that by reason notice thereof as may be reasonably cal­ overtime, request the inspector in charge of conditions beyond his control he will culated to bring such regulation to the or his assistant to furnish inspection be prevented, because of the regulation attention of the handlers and growers. service during such overtime period, and Issued, from shipping or having shipped shall pay the Secretary of Agriculture a percentage of his crop of grapes equal 14. Add a new § 951.9 as follows: therefor $2.40 per man-hour for each to the average of the percentages deter­ § 951.9 Modification, suspension, or hour of inspection service so furnished. mined as aforesaid. The certificate shall termination. Whenever the Industry It will be administratively determined permit such grower to ship, or have Committee deems it advisable to recom­ from time to time which days constitute shipped, a percentage of his crop of mend to the Secretary the modification, holdays. grapes equal to the average of the per­ suspension, or termination of any or all The purpose of this amendment is to centages determined as aforesaid. of the regulations established pursuant establish a uniform hourly rate of pay­ (4) If any grower is dissatisfied with hereto, it shall so recommend to the Sec­ ment for all overtime meat inspection the action of the Industry Committee retary. If the Secretary finds upon the services furnished under the Meat In­ taken with respect-to his application for basis of such recommendation or from spection Act and related acts, and to re­ an exemption certificate, such grower other available information that to duce substantially the total amount paid may appeal to the Secretary: Provided, modify such regulations will tend to ef­ for such services by the establishments That such appeal shall be made promptly. fectuate the declared policy of the act, requesting them, while at the same time The Secretary may, upon an appeal made he shall so modify such regulations. If insuring full reimbursement to the Gov­ as aforesaid, modify or reverse the action the Secretary finds, upon the basis of ernment for any sums paid out on ac­ of the committee. The authority of the such recommendation or upon the basis count of such services. Determination Secretary to supervise and control the of other available information that any of the cost of the overtime inspection issuance of exemption certificates is un­ such regulations obstruct or do not tend provided for by § 7.4 depends entirely limited and plenary; and any determina­ to effectuate the declared policy of the upon facts within the knowledge of the tion by the Secretary with respect to an act, he shall suspend or terminate such Department of Agriculture. A recent exemption certificate shall be final and regulations. The Secretary shall imme­ survey has developed that such overtime conclusive. diately notify the Industry Committee, inspection may be furnished at a re­ and such committee shall promptly give duced cost during the foreseeable future. 11. Renumber §§ 951.5, 951.6, and 951.7 adequate notice to handlers and growers, It is to the benefit of the packers subject through 951.18 to read, respectively, of the issuance of each order modifying, to the Meat Inspection Act and Regula­ §§ 951.7, 951.8, and §§ 951.10 through suspending, or terminating any such tions, as well as of the public generally, 951.21 in proper numerical sequence. regulations. In like manner and upon that this amendment be made effective 12. In § 951.4 (d) delete the words “this the same basis the Secretary may ter­ at the earliest practicable time. Ac­ section” after the words “pursuant to,” minate any such modification or suspen­ cordingly, pursuant to the provisions of and insert, in lieu thereof, the terms sion. “§§ 951.4 and 951.5.” Redesignate para­ section 4 of the Administrative Procedure graph (d) of § 951.4 to read § 951.6. (48 Stat. 31, as amended, 61 Stat. 208, Act (60 Stat. 238), it is found, upon good 707; 7 U. S. C. and Sup. 601 et seq.) cause, that notice and public procedure 13. Add a new § 951.5, as follows: on this amendment are impracticable, § 951.5 Minimum standards of quality Issued at Washington, D. C., this 26th unnecessary, and contrary to the public and maturity—(a) Recommendation. day of January 1949, to be effective on interest and good cause Is found for Whenever the Industry Committee deems and after 12:01 a. m., P. s. t., March 1, making this amendment effective less it advisable to establish and maintain in 1949. than 30 days after publication. effect during any period minimum stand­ [seal] Charles P. B rannan, This amendment shall become effective ards of quality or maturity, or both, gov­ Secretary of Agriculture. January 23, 1949. erning the shipment of grapes pursuant to this section, it shall so recommend to [P. R. Doc, 49-749; Filed, Jan. 31, 1940; (41 Stat. 241, 34 Stat. 1260, as amended, the Secretary. Each such recommenda­ 8:49 a. m.] sec. 306, 46 Stat. 689, Pub. Law 610, 80th tion of the committee shall be in terms Cong.; 7 U. S. C. 394, 21 U. S. C. 71-91, of (1) freedom of the grapes from ma­ TITLE 9— ANIMALS AND 96, 19 U. S. C. 1306) terial impairment of shipping quality; Done at Washington, D. C., this 26th (2) freedom of the grapes from material ANIMAL PRODUCTS day of January 1949. Witness my hand impairment of edible quality; (3) free­ Chapter I— Bureau of Animal Indus­ and the seal of the Department of Agri­ dom of the grapes from serious damage culture. to appearance; (4) minimum maturity try, Department of Agriculture requirements; or (5) any combination of Subchapter A— Meat Inspection Regulations [ seal] Charles P. B rannan, Secretary of Agriculture. the foregoing. With each such recom­ P art 7—Facilities for I nspection mendation, the committee shall submit [F. R. Doc. 49-747; Filed, Jan. 31, 1949; to the Secretary the information and PAYMENTS FOR OVERTIME WORK OF MEAT 8:48 a. m.] data on which such recommendation is INSPECTION EMPLOYEES predicated; and the committee shall also Pursuant to the authority vested in the submit to the Secretary such other in­ Secretary of Agriculture by the act of TITLE 15— COMMERCE AND formation as he may request. The com­ July 24, 1919 (7 U. S. C. 394), the act of mittee shall give prompt notice to March 4,1907, as amended and extended FOREIGN TRADE handlers and growers of any such recom­ (21 U. S. C. 71-91, 96), section 306 of the Chapter III— Bureau of Foreign and mendation. act of June 17, 1930 (19 U. S. C. 1306), Domestic Commerce, Department of (b) Establishment. Whenever the and the act relating to the Meat Inspec­ Commerce Secretary finds, from the recommenda­ tion Service of the Department of Agri­ tion and information submitted by the culture, approved June 5, 1948 (Public [3d Gen. Rev. of Export Regs., Arndt. F. L. 17J Industry Committee, or from other avail­ Law 610, 80th Cong.), § 7.4 of the Meat P art 399—P ositive List of Commodities able information, that to establish mini­ Inspection Regulations of the Depart­ and R elated Matters mum standards of quality or maturity, or ment of Agriculture, as amended (13 both, for grapes and to limit the ship­ P. R. 4010), is hereby further amended MACHINES CONTAINING A TOOL OR DEVICE ment of grapes during any period to those to read as follows: INCORPORATING DIAMONDS meeting the minimum standards would § 7.4 Overtime work of meat inspect Section 399.2 Appendix B—Interpret be in the public interest and would tend tion employees. The management of an tations; Positive List of Commodities is 442 RULES AND REGULATIONS

amended by adding a new paragraph to revision of the schedule on which sta­ engaged in Interim operation shall file read as follows: tions estimate their broadcast revenues with the Commission on or before April (d) Interpretation 4; export of ma­ during the preceding year in order to 1 of each year on Form 324, together with chines containing a tool or device incor­ provide the Commission and the indus­ supporting schedules, a balance sheet porating diamonds. (1) Machines con­ try with a quick overall measure of .the showing its financial condition as of taining as an integral part thereof a tool industry’s financial experience during December 31 of the preceding calendar or device incorporating diamonds are the preceding year; and year and an income statement for said Included on the Positive List, and a vali­ It appearing, that the rapid upward calendar year. dated license is required for export of movement of broadcast expenses during (b) Each licensee of a broadcast sta­ such a machine to any foreign destina­ recent years requires that information tion (standard, FM, television, and in­ tion. be obtained on ‘‘Total Broadcast Ex­ ternational) and each permittee of a (2) This interpretation in no way penses” in order to provide a more accu­ broadcast station engaged in interim changes the special provisions for dia­ rate appraisal of the broadcast indus­ operation shall file with the Commission monds set forth in § 373.13 of this try’s financial experience; and on or before February 1 of each year on chapter. It further appearing, that on Decem­ Form 324A an estimate of the station’s ber 23, 1948, general notice of proposed total broadcast revenues and total broad­ This interpretation is issued as of rule making with respect thereto was cast expenses for the preceding calendar January 7, 1949. published in accordance with section 4 year. (Sec. 6, 54 Stat. 714, 55 Stat. 206, 56 Stat. of the Administrative Procedure Act; Form 324A 463, 58 Stat. 671, 59 Stat. 270, 60 Stat. and Budget Bureau No. 52-R117.2 215, 61 Stat. 214, 61 Stat. 321; Pub. Law It further appearing, that the period Approval Expires May 31, 1949 395, 80th Cong.; 50 U. S. C. App. and Sup. in which interested parties were afforded an opportunity to submit comments ex­ S u m m a r y E stim a tes o f S ta tio n B roadcast 701, 702; E. O. 9630, Sept. 27, 1945, 10 R e v en u e s and E x pen ses, 1948 P. R. 12245; E. O. 9919, Jan. 3, 1948,» 13 pired January 17, 1949, and during that F. R. 59) period the Commission received state­ Call letters______ments from Westinghouse Radio Sta­ Check appropriate box below: Dated: January 26, 1949. AM □ Joint AM and FM □ tions, Inc., from the American Broad­ FM □ Television □ F rancis McIntyre, casting Company, Inc., and a statement 1. Estimated total broadcast reve­ Assistant Director, filed on behalf of some seventy-five li­ nues 1 ______Office of International Trade. censees and permittees; and IP. R. Doc. 49-738; Piled, Jan. 31, 1949; It further appearing; that the com­ 2. Estimated total broadcast ex­ 8:46 a. m.] ments made by these parties with re­ penses3 ______;_____ ,______spect to (1) the date of filing, (2) the confidentiality of information filed, and Exact name of respondent______TITLE 47— TELECOMMUNI­ (3) an indication on the form that the Address______data supplied are estimated figures, have 1 “Total Broadcast Revenues” are defined CATION been accepted and incorporated in the to include total sale of station time less Chapter I— Federal Communications present order; and commissions plus incidental broadcast reve­ It further appearing, that authority nues, as in Annual Financial Report No. 324, Commission -, for the proposed revision is contained in Schedule 6, line 23. [Docket No. 9165] sections 303 (r) and 308 (b) of the Com­ 3 Exclusive of Federal income tax. munications Act of 1934, as amended; It is further ordered, That broadcast P art 1—Practice and Procedure It is ordered, That the attached Form stations shall file the information re­ financial reports, broadcast licensees 324A, requesting annual information quested in the above Form 324A for the AND PERMITTEES from broadcast stations on their esti­ year 1948 by March 1, 1949. In the matter of adoption of proposed mated ‘‘Total Broadcast Revenues”, and (Sec. 6 (b), 50 Stat. 191; 47 U. S. C. 303 form for obtaining summary estimates estimated “Total Broadcast Expenses” (r). Applies sec. 308 (b), 48 Stàt. 1084; be adopted; and 47 U. S. C. 308 (b) ) of broadcast station revenues and ex­ It is further ordered, That § 1.341 of penses during the preceding year. Part 1 of the Commission’s rules and Adopted: January 26, 1949. Amendment of § 1.341 of Part 1 of the Released: January 27,1949. Commission’s rules and regulations. regulations be amended to read as At a session of the Federal Communi­ follows : F ederal Communications cations Commission held at its offices in § 1.341 Financial reports, broadcast Commission, Washington, D. C., on thé 26th day of licensees and permittees, (a) Each [seal] T. J. S lowie, January 1949; licensee of a broadcast station (standard, Secretary. The Commission having under con­ FM, television, and international) and [F. R. Doc. 49-737; Filed, Jan. 31, 1949; sideration the matter of the proposed each permittee of a broadcast station 9:00 a. m.]

PROPOSED RULE MAKING

DEPARTMENT OF THE TREASURY ulations, consideration will be given to Manual (26 CFR, Part 186) are amended, any data, views, or arguments pertain­ and § 186.61 of such manual is revoked. Bureau of Internal Revenue ing thereto, which'are submitted in writ­ 2. These amendments, in effect, re­ ing, in duplicate, to the Commissioner [2 6 CFR, Part 186] quire the registry number of the distil­ of Internal Revenue, Washington 25, lery, the state in which the distillery is Gauging Manual D. C., within 39 days from the date of located, and the serial number of the NOTICE OF PROPOSED RULE MAKING this notice in the F ederal R egister. The proposed regulations are to be is­ package to be burned or cut on the Gov­ A notice is hereby given, pursuant to sued under the authority of sections 2808 ernment head of each wooden package, the Administrative Procedure Act, ap­ and 3176 of the Internal Revenue Code instead of stenciled or otherwise im­ proved June 11,1946, that»the regulations (26 U. S. C., secs. 2808 and 3176). printed, in order to insure better iden­ set forth in tentative form below are pro­ tification. They also provide for the dis­ posed to be prescribed by the Commis­ [seal] G eo. J. S choeneman, continuance of stenciling on the Govern­ sioner of Internal Revenue, with the ap­ Commissioner of Internal Revenue. ment head of each package the word “In­ proval of the Secretary of the Treasury. 1. Sections 186.48, 186.62, 186.75(c), spected,” and the name and title of the Prior to the final adoption of such reg­ 186.80, 186.82, and 186.153 of the Gauging storekeeper-gauger. Tuesday, February 1, 1949 FEDERAL REGISTER 443 § 186.153 Marks and "brands on wood­ tion of the existence of such disease is companied by an official veterinarian’s en packages of distilled spirits. The based upon blood samples taken, or labo­ certificate showing that he has inspected marks and brands (except the registry ratory tests made, by such veterinarians the said cattle and found them free from number, the state, and serial number of or veterinary inspectors, or accredited any evidence of communicable disease the package) required to be placed on veterinarians. No change will be made and that, as far as he has been able to wooden packages of distilled spirits by by the amendment in the requirements determine, they have not been exposed §§ 186.20, 186.48, 186.56, 186.57, 186.58, of the regulations with respect to pay­ to any such disease during the preceding 186.60, 186.75, 186.79, 186.82, and 186.145 ment of claims for cattle reacting to tests 60 days. shall, notwithstanding the particular for tuberculosis or paratuberculosis. (b) Tuberculin-test certificates. Im­ methods specified therein, be plainly and To accomplish the aforesaid purpose, portations of cattle from Canada, for durably burned cut, imprinted, or sten­ it is proposed, pursuant to the above- purposes other than slaughter as pro­ ciled on such packages. The registry mentioned authority, to amend § 51.8 vided in § 92.23, shall be in compliance number of the distillery, the state in (b) of said regulations (9 CFR Cum. with the following conditions and re­ which the distillery is located, and the Supp. 51.8 (b)) to read as follows: quirements : serial number of the package shall be (b) In the case of either tuberculosis (1) Cattle from Canadian-listed, tu­ plainly and durably burned or cut on or paratuberculosis, if the existence of berculosis-free accredited herds shall be such packages. The registry number the disease in the cattle was not deter­ accompanied by a certificate issued or and the state may be combined and ab­ mined as the result of a tuberculin or endorsed by a salaried veterinarian of breviated, as “Calif-708.” johnin test applied by a Bureau veteri­ the Canadian Government showing them 3. Sections 186.48, 186.62, 186.75 (c), narian, a cooperating State, Territorial, to be from such herds and that said 186.80, and 186.82 are modified by elimi­ county, or municipal veterinary inspec­ herds have been tuberculin tested within nating from the illustrations therein the tor, or an accredited veterinarian; or in one year of the date of importation. The word “Inspected,” and name and title of the case of Bang’s disease, if the exist­ date of such tuberculin test shall be the storekeeper-gauger. ence of the disease in the cattle was not shown on the certificate. 4. This Treasury decision shall be ef­ determined as the result of an aggluti­ (2) Cattle from herds in accredited fective on the 90th day after its publica­ nation test applied by such a veteri­ areas in'Canada, other than accredited tion in the F ederal R egister. narian or veterinary inspector, or by non- herds, shall be accompanied by a certifi­ 5. This Treasury decision is issued un­ veterinary technicians under the super­ cate issued or endorsed by a salaried vet­ der the authority contained in sections vision of a Bureau veterinarian, or a co­ erinarian of the Canadian Government 2808 and 3176, Internal Revenue Code operating State, Territorial, county, or showing them to be from herds in such (26 U. S. C. 2808 and 3176). municipal veterinary inspector. areas and that the animals offered for [F. R. Doc. 49-718; Filed, Jan. 31, 1949; entry have been tuberculin tested with 8:46 a. m.] Any person who wishes to submit writ­ negative results within 30 days preceding ten data, views, or arguments concern­ their offer for entry. However, cattle ing the proposed amendment may do so from herds in such areas—other than DEPARTMENT OF AGRICULTURE by filing them with the Chief of the Bu­ range herds—In which one or more re­ reau of Animal Industry, Agricultural actors to the tuberculin test have been Bureau of Animal Industry Research Administration, United States disclosed shall not be imported until the Department of Agriculture, Washington said herds have reached full tubercu­ l 9 CFR, Part 51 1 25, D. C., within 15 days after the date of losis-free status under Canadian regu­ Prevention of T uberculosis, Paratuber- publication of this notice in the F ederal lations. culosis and B ang’s Disease of Cattle R egister. (3) Cattle from herds in restricted in Cooperation With S tates Done at Washington, D. C., this 26th areas in Canada—other than range stock and cattle from accredited herds—shall NOTICE OF PROPOSED AMENDMENT day of January 1949. Witness my hand and the seal of the United States De­ be accompanied by a certificate issued On January 1, 1949, there was pub­ partment of Agriculture. or endorsed by a salaried veterinarian of lished in the F ederal R egister (14 F. R. the Canadian Government showing (i) l ) a notice of a proposed amendment oï [seal] Charles F. B rannan, that they have been tuberculin tested § 51.8 (b) of the regulations for the pre­ Secretary Qf Agriculture. with negative results within 30 days pre­ vention of tuberculosis, paratuberculosis [F. R. Doc. 49-746; Filed, Jan. 31, 1949; ceding their offer for entry, (ii) that all and Bang’s disease of cattle in coopera­ 8:48 a. m.] cattle in the herd or herds from which tion with the States (9 CFR Cum. Supp. the animals proceed have been tuberculin 51.8 (b) ) pursuant to sections 3 and 11 tested with negative* results not more of the act of Congress approved May 29, than 12 months nor less than 60 days 1884, as amended (21 Ü. S. C. 114 and [ 9 CFR, Part 92 ] before the date of the offer for entry, 114a), section 2 of the act of Congress and (iii) that the animals presented for approved February 2, 1903, as amended I nspection and Quarantine of Livestock entry, excepting only the natural in­ (21 U. S. C. Ill), and the item in the and Other Animals Offered for Im­ crease in the herd, were included in the Department of Agriculture Appropria­ portation (Except F rom Mexico) herd or herds of origin at the time of tion Act, 1949, for eradicating tubercu­ NOTICE OF PROPOSED AMENDMENT said herd tests. However, cattle from losis and Bang’s disease (62 Stat. 507). Notice is hereby given in accordance herds in such areas—other than range Some misunderstanding has arisen with section 4 (a) of the Administra­ herds—in which one or more reactors concerning the objectives of the proposed tive Procedure Act (60 Stat. 237) that to the tuberculin test have been disclosed amendment. Further notice is therefore the Secretary of Agriculture, pursuant to shall not be imported until the said herds hereby given that the purpose of the the authority vested in him by sections have reached full tuberculosis-free sta­ amendment will be to permit payment of 6, 7, 8, and 10 of the act of Congress ap­ tus under Canadian regulations. claims, under the regulations for the pre­ proved August 30, 1890, as amended (21 (4) Range cattle of the beef types vention of animal diseases in coopera­ U. S. c. 1946 ed. 102-105), and by section shall be accompanied by a certificate is­ tion with the States (9 CFR Cum. Supp., 2 of the act of Congress approved Febru­ sued or endorsed by a salaried veteri­ Part 51), for cattle reacting to tests for ary 2, 1903, as amended (21 U. S. C. narian of the Canadian Government Bang’s disease when the determination 1946 ed. I ll), proposes to amend § 92.20 showing that they have been tuberculin of the existence of this disease is based of the regulations governing thé inspec­ tested with negative results within 30 upon blood samples taken, or laboratory days preceding their offer for entry. , tion and quarantine of livestock and (5) No cattle other than range cattle tests made, by non-veterinary techni­ other animals offered for importation or those from accredited herds shall be cians under the supervision of veterinari­ from countries other than Mexico (9 imported from areas in Canada that are ans of the Bureau of Animal Industry, CFR, 1944 Supp., Part 92) to read as neither restricted nor accredited under United States Department of Agriculture, follows : Canadian regulations, except for slaugh­ or of cooperating State. Territorial, § 92.20 Cattle from Canada—(a) ter as provided in § 92.23. county, or municipal veterinary in­ Health certificates. Cattle offered for (c) Brucellosis-test certificates. Cat­ spectors. as well as when the determina­ importation from Canada shall be ac­ tle six months old or more offered for im- 444 PROPOSED RULE MAKING portation from Canada—except steers, i s t e r a notice of the proposed amend­ the Hearing Clerk, United States Depart­ spayed heifers, and all cattle for imme­ ment Qjf the size-age limitations for cer­ ment of Agriculture, his recommended diate slaughter—shall be accompanied tain plants, specified in § 319.37-18 of the decision in this proceeding. The notice by a certificate issued or endorsed by a regulations supplemental to Quarantine of such recommended decision and of op­ salaried veterinarian of the Canadian No. 37 relating to nursery stock, plants, portunity to file written exceptions Government showing them to have been and seeds (7 CFR 319.37-18; 13 F. R. thereto was published in the F ederal tested for brucellosis (Bang’s disease) 4273). Notice is hereby given that the R egister on October 1, 1948 (13 F. R. with negative results within 30 days pre­ time within which any interested person 5682). The only material issues of ceding their offer for entry. However, may file written data, views, or argu­ record are with respect to whether each cattle from Canadian brucellosis-free ments in connection with the proposed of the aforesaid marketing agreements listed herds need not be so tèsted if it is amendment has been extended to Feb­ and orders should provide: shown on the accompanying certificates ruary 15,1949, inclusive. (1) A termination of any obligation that the animals have been officially vac­ (Sëc. 1, 37 Stat. 315, as amended, 7 for the payment of money at the expira­ cinated, in accordance with Canadian U-S. C. Sup. I 154; sec. 4, 60 Stat. 237, 5 tion of a specified period of time; and regulations, as calves within 16 months U. S C. 1003) (2) A specified period of time for the prior to their being offered for entry. retention of books and records required The certificate accompanying such vac­ Done at Washington, D. C., this 26th to be made available to the market cinated cattle shall show the date of day of January 1949. Witness my hand administrator. vaccination of each animal and that the and the seal of the United States Depart­ Rulings on exceptions. Exceptions to herd is listed as brucellosis free. ment of Agriculture. the recommended decision were filed on (d) Certificates; information re­ [seal] Charles F. Brannan, behalf of interested parties. quired. The certificates prescribed in Secretary of Agriculture. In arriving at the findings and conclu­ the foregoing paragraphs (b) and (c) of sions decided upon in this decision, each this section shall give the dates and [F. R. Doc. 49-748; Filed, Jan. 31, 1949; of the exceptions was carefully and fully places of testing, names of the consignor 8:48 a. m.] considered in conjunction with the and consignee, and descriptions of the record evidence pertaining thereto. To cattle, including breed, ages, markings, the extent that the findings arid conclu­ and tattoo and eartag numbers. sions decided upon herein are at vari­ Ce) United States cattle returning Production and Marketing ance with the exceptions pertaining from expositions in Canada. Cattle Administration thereto, such exceptions are overruled. from the United States which have been Exception was taken to the provision exhibited at the Royal Agricultural I 7 CFR, Ch. IX ] for the termination of any obligation of Winter Fair at Toronto or other recog­ H andling of Milk in Certain Marketing a market administrator to pay money to nized expositions in Canada and have Areas a handler unless, within a specified pe­ not been in that country more than 30 riod of time, the handler files, pursuant days may be returned to the United DECISION WITH RESPECT TO PROPOSED MAR­ to section 8c (15) (A) of the act, a peti­ States within 10 days from the close of KETING AGREEMENTS AND TO PROPOSED tion claiming such money. The basis of such fair or exposition without the cer­ AMENDMENTS TO ORDERS, AS AMENDED the exception was the limiting of a han­ tificates specified in paragraphs (b) and Pursuant to Public Act No. 10, 73d dler to the administrative proceeding (c) of this section, if they are accom­ Congress (May 12, 1933), as amended, specified in the act, rather than provid­ panied by copies of the tuberculin- and and as reenacted and amended by the ing that the life of the claim could be brucellosis-test certificates accepted by Agricultural Marketing Agreement Act extended by the handler instituting the Canadian authorities for their entry of 1937, as amended (hereinafter re­ either legal or administrative proceed­ into Canada and if it is shown to the ferred to as the “act”) , and the rules of ing. Since the claim being limited is satisfaction of the inspector at the practice and procedure, as amended, gov­ created by administrative regulation un­ United States port of reentry that they erning proceedings to formulate market­ der the act, it appears appropriate that are the identical cattle covered by the ing agréments and orders (7 CFR and the limitation be based on a reasonable said certificates. Supps. 900.1 et seq.; 13 F. R. 8585), a condition. T he. choice of the petition Any person who wishes to submit pyblic hearing was held at Washington, under section 8c (15) (A) of .the act, as written data, views or arguments con­ D. C., on July 30, 1947, pursuant to no­ the condition the fulfillment of. which cerning the foregoing proposed amend­ tice issued on July 18,1947, and published will prevent the termination of the claim, ments may do so by filing them with in the F ederal R egister on July 23, 1947 seems a reasonable 'exercise of adminis­ the Chief of the Bureau of Animal In­ (12 F. R. 4888), with respect to proposed trative discretion, particularly since the dustry, United States Department of amendments to the tentatively approved statute itself provides the remedy. Agriculture, Washington 25, D. C., within marketing agreements, the marketing A further exception was taken to the agreements, as ämended, and to the or­ provision for the termination of obliga­ 30 days after the date of publication of ders, as amended (hereinafter referred this notice in the F ederal R egister. tions on the basis that the market ad­ Xo as the “marketing agreements and ministrator is not required to act upon Done at Washington, D. C., this 26th orders”), regulating the handling of a claim of a handler within any specified day of January 1949. Witness my hand milk in the following marketing areas: period of time. It was suggested that and the seal of the Department of St. Louis, Mo. Quad Cities. this condition might result in a dismissal Agriculture. Greater Boston, Louisville, Ky. of a handler’s petition in a section 8c [seal] Charles F. Br annan, Mass. Fall River, Mass. (15) (A) proceeding because the pro­ Secretary of Agriculture. Dubuque, Iowa. Sioux City, Iowa. ceeding had been initiated before final Greater Kansas City. Duluth-Superior. action by the market administrator upon [F. R. Doc. 49-745; Filed, Jan. 31, 1949; South Bend-LaPorte Philadelphia, Pa. the claim. The right of a handler un­ 8:48 a. m.] County, Ind. Cincinnati, Ohio. New York Metropoli­ Wichita, Kans. der the act to institute a section 8c (15) tan. Suburban Chicago. (A) proceeding is not limited by action Toledo, Ohio. Clinton, Iowa. or a lack of action by a market admin­ Fort Wayne, Ind. Dayton-Springfleld, istrator upon the handler’s claim. Bureau of Entomology and Plant Lowell-Lawrence Ohio. Hence, it is not necessary in the amend­ Quarantine Mass. Tri-State. ments herein decided upon to require the Omaha-Council Minne'apolls-St. market administrator to act upon a claim [ 7 CFR, Part 319 ] Bluffs. Paul. made upon him by a handler. Chicago, 111. Columbus, Ohio. S ize-A ge Limitations R elating to New Grleans, La. Cleveland, Ohio. Findings and conclusions.. On the Nursery Stock, P lants, and Seeds basis of the evidence presented at such Upon the basis of the evidence intro­ hearing, it is hereby found and con­ extension op time for filing, comments duced at the hearing and the record cluded: V regarding proposed amendment thereof, the Assistant Administrator, 1. Termination of obligation. Each On January 13, 1949 (14 F. R. 184) Production and Marketing Administra­ of the aforesaid marketing agreements there was published in the F ederal R eg­ tion, on September 27, 1948, filed with and orders should contain provisions Tuesday, February 1, 1949 FEDERAL REGISTER 445 terminating any obligation thereunder money due (a) the market administrator cially for the reclassification, under cer­ for the payment of money after the ex­ from a handler, or a handler from the tain conditions, of milk the butterfat piration of a specified period of time, market administrator, or (b) any pro­ from which is classified as storage cream, with certain exceptions hereinafter in­ ducer or association of producers from a i. e., as Class II-B. Under these provi­ dicated. handler, the payment of the amount due sions, the classification of Class II-B Marketing agreements and orders is required to be made. milk is not finally determined until, the contain provisions classifying milk in Although all of the marketing agree­ cream is removed from storage. The accordance with the form in which or ments and orders provide with particu­ final classification of such milk is ef­ the purpose for which it is used, and larity when the various payments are to fected, upon the utilization of the cream fixing, or providing a method for fixing, be made, none of them specifies the time after its removal from storage, by pay­ minimum prices for each such use classi­ within which an error in payment must ments to handlers from the producer- fication, which all handlers are required be discovered or provides for the termi­ settlement fund of specified amounts of to pay, and the time when payments nation of an obligation because of the money. Since the cream is in storage an shall be made,, for milk purchased from expiration of time. When milk market­ average of several months, and in some producers or associations of producers. ing programs were first promulgated, cases more than one year, final settle­ Such prices are uniform as to all han­ this omission was not serious. However, ment of the storage cream accounts can­ dlers, subject to adjustments for volume, now that milk orders have been in effect not be made on the same schedule âs market, and production differentials, over a considerable length of time—six would apply to other clasifications. To grade or quality of the milk purchased, orders have been in effect more than ten provide for this situation, Order No. 27 or the locations at which the milk is years and one-half of all orders were in should contain special provisions to ter­ delivered. Some orders provide for the effect prior to 1941—the failure to pro­ minate obligations arising out of storage payment to all producers jind associa­ vide in the orders for a termination of cream payments at the expiration of two tions of producers delivering milk to the the obligations thereunder for the pay­ years after the end of the calendar month same handler of uniform prices for all ment of money creates uncertainties during which such cream was utilized. milk delivered by them. This method among producers and handlers which Handlers also need the protection of of paying producers is commonly called may endanger the stability of the mar­ provisions terminating their obligations the “individual-handler pool.” Other kets and lead to serious inequities. to make payments. Delays have oc­ orders provide for the payment to all Without a termination of obligations, curred in the notification to handlers producers and associations of producers handlers may file claims which, because that they owe money under the orders. delivering milk to all handlers in.the the period involved extends back over The results of litigation, the disclosure respective marketing area of uniform many years, are in substantial amounts. of additional facts, or other circum­ prices for all milk so delivered, irrespec­ Funds for the payment of such claims stances have required a change in the tive of uses made of such milk by the are obtained only from payments to pro­ application of a section of an order. individual handler to whom it is deliv­ ducers supplying the market with milk When this happens, a market adminis­ ered. This is the so-called “market­ during the period when the claims are trator, in the absence of a provision to wide pool” method of paying producers. paid. This results in a reduction in the terminate obligations, has been required Under the “individual-handler pool,” payments to these producers. Since, to reaudit and rebill all handlers to whom handlers pay the total use value bf their over extended periods of time, there is the corrected application applied, even milk to their producers directly. Under a considerable turnover in the producers though it meant going back, in the case the “market-wide pool,” handlers pay supplying a market, a reduction in their of some orders, more than ten, years. their producers the market-wide uni­ payments results in inequities as to those Since handlers cannot be forewarned as form or blend price. In order to equalize producers who were not in the market to contingent liabilities of this nature, payments among handlers where orders during the period out of which the han­ it is extremely difficult and burdensome provide for the market-wide pool, a pro­ dlers’ claims arise. This result, there­ for them to make adequate provision ducer settlement fund is established and fore, tends to cause producers to leave therefor by setting up reserves or taking maintained by the market administrator. the market, and is* a potential cause of other precautionary measures. Each handler pays into the fund the milk shortage.. If, on the other hand, As milk marketing programs are in amount by which the value of his milk the minimum prices for milk are in­ effect over longer and longer periods, at the class prices is greater than the ag­ creased to compensate producers for de­ the problem of adjustments has become gregate amount he pays his producers at ductions made to pay old claims, such more acute. Obviously, if a market ad­ the blend price, and, conversely, each prices probably would not be in the pub­ m inistrators required to reaudit and re­ handler receives from the fund the lic interest. Thus, in the absence of a bill a handler for milk handled for amount by which the value of his milk termination of obligations, the stability periods of from five to ten years, the at the class prices is less than the aggre­ of milk markets is endangered by the amounts involved may be large enough gate amount he pays his producers at the ever-present threat of the necessity for to render the handler insolvent or other­ blend price. making substantial payments arising wise cause him irreparable damage. In addition to the foregoing payments, from the accrual of liabilities over ex­ Provisions for the termination of obliga­ each handler is required to pay the mar­ tended periods of time. tions will reduce the uncertainty arising ket administrator his pro rata share of The marketing agreements and orders from the potential liabilities of handlers the expense of administering the respec­ should provide that any obligation to pay and are necessary to promote the orderly tive orders. Most orders also require a handler any money which such han­ marketing of milk. each handler to make deductions from dler claims to be due him under the For the reasons hereinafter more fully his payments to producers and to pay t’erms of an order, shall terminate two discussed, it is concluded that handlers such deductions to the market adminis­ years after the end of the calendar should not be required to retain books trator or to a cooperative association of month during which the milk involved in and records after the expiration of a producers, as the case may be, for mar­ the claim was received if an underpay­ specified period of time because the ac­ keting services, i. e., marketing informa­ ment is claimed, or within two years cumulated volume of such records be­ tion and the verification of weights, after payment was made if a refund is comes burdensome and their value sampling, and testing of milk. claimed, unless such handler, within diminishes with the passage of time. A Each month handlers are required to such period of time, files, pursuant to limitation of time for the retention of report to the market administrators in­ section 8c (15) (A) of the act, a petition records would, howèver, be of doubtful formation relating to the quantities of claiming such money. benefit to handlers if a concomitant ter­ \ milk received and their sources, the uti­ There was general agreement at the mination of handlers’ obligations were lization of sych receipts, and payments to hearing that the two year period was not likewise provided for. A handler producers. Handlers are required to reasonable. This will allow a handler must account for the receipt and utiliza­ make available to market administrators ample time to decide whether he should tion of, and payment for milk by the such books and records as will enable the contest an obligation imposed upon him books and records he maintains in the market administrators to verify reports pursuant to an order. regular operation of his business. With­ or to ascertain correct information. Currently, Order No. 27 regulating the out termination of obligation provisions, Whenever an audit by a market admin­ handling of milk in the New York metro­ a handler could dispose of his records istrator discloses errors resulting in politan marketing area, provides spe­ only at considerable risk, even though the No. 20----- 3 446 PROPOSED RULE MAKING order did not expressly require the re­ file petitions pursuant to section 8c protection, to retain indefinitely all the tention of records beyond a specified (15) (A) of the act, for corrective action. records relating to such transactions. period of time. Termination of obliga­ Moreover, the record contains no evi­ Thus, the salutary effects of allowing tion provisions are, therefore, necessary dence to indicate that there has been, or handlers to dispose of old records would to effectuate the other provisions of the will be, any delay in the institution of en­ be largely defeated. marketing agreements and orders, in­ forcement proceedings should a handler -The termination of obligation pro­ cluding any provisions that may be made fail to comply with the provisions of an visions should not, of course, apply to prescribing the length of time for which order. The proposals in this regard, obligations involved in pending admin­ records are to be retained. therefore; should not be adopted. istrative proceedings or court actions. It was proposed at the hearing that If a handler refuses or fails with re­ Such provisions likewise should not apply all audits or reaudits of a handler’s books spect to an obligation under the order, to obligations as to which administra­ and records and all revisions of obliga­ to make available to the market admin­ tive proceedings or court actions are tions and adjustments be completed and istrator all books and records required instituted before August 1, 1949. This mailed to a handler within two years by the order to be made available, the will allow all interested parties at least after the date upon which a handler market administrator should notify such six months to determine if there are any files a report covering the milk involved handler in writing of such failure or re­ outstanding obligations which would in such audits, reaudits, and adjusted fusal within two years after the end of otherwise be terminated by the adoption billings. Inasmuch as it is concluded to the month during which the handler sub­ of the proposed amendments and, if terminate, an obligation unless the notice mits his reports with respect to the milk there are such obligations, to take ap­ thereof is mailed to a handler within a in question. If the market administra­ propriate measures to protect their in­ two year period, the failure to mail such tor so notifies the handler, the two year terests in such obligations. All per- ' notice within the time prescribed would period with respect to the obligation sons who testified with respect to this terminate the obligation, and any audits should not begin to run until the first matter at the hearing stated that the or reaudits in connection therewith day of the calendar month following the period of six months is a reasonably made after the expiration of the pre­ month during which all the books and adequate time for this purpose. scribed time would have no practical records pertaining to such obligation are The terms and conditions of the pro­ effect. The effect of a limitation on the made available to the market adminis­ posed amendments hereinafter set forth period for making audits is, therefore, trator. are necessary to effectuate the other adequately covered by the termination Such a provision is necessary to pro­ provisions of the marketing agreements of obligation provisions. Hence, such vide adequate opportunity for the proper and orders regulating the handling of limitation is not necessary. and complete audit of books and records milk in the aforesaid respective milk The obligation of any handler to pay of handlers before obligations involved marketing areas. money should, except as hereinafter in­ in such audits are terminated. The han­ 2. Retention of records. Because dicated, terminate two years after the dler should make available all of his there has been no time limitation with­ last day of the calendar month during books and records which pertain to an in which obligations for the payment which the market administrator receives obligation before the limitation period of money are terminated, and because the handler’s report of utilization of the begins to run because it is not possible the orders have not provided a definite milk involved in such obligation, unless to perform a satisfactory audit unless all period of time for the retention of records within such two year period the market records pertaining to the obligation are required to be made available under the administrator notifies the handler in available at the same time for cross­ orders for the verification of reports by writing that such money is due and pay­ checking and comparison purposes. If market administrators, handlers have able. In general, it appears that a period the two year period is extended by virtue generally followed the practice of re­ of two years is a reasonable time within of this provision, the responsibility taining from the beginning of a regula­ which a market administrator should therefor will be that of the handler who tory program all of the records which complete his auditing and inspection failed or refused tq make his records pertained to order transactions. Han­ work and render any billings for. money available. dlers must keep detailed records relat­ due under the order. A handler’s obligation to pay money ing to their daily purchases of milk The notification in writing by the mar­ should not be terminated with respect to from individual producers, the butter- ket administrator, before the expiration any transaction involving fraud or will­ fat tests of milk received from individual of the two year period, will prevent the ful concealment of a fact, material to producers, and the daily utilization and obligation covered by such notification the obligation, on the part of the handler disposal of milk at individual milk plants. from terminating. The purpose of the against whom the obligation is sought to Detailed records of this kind soon assume termination of obligation provisions is to be imposed. Certain handlers objected tremendous physical proportions. It reduce the uncertainties arising out of to the inclusion of an exception to cover has been necessary for handlers to rent potential liabilities for unknown amounts fraud or the willful concealment of a warehouse space in which to store these for extended periods in the past. The material fact. Aside from the fact that . records. This, in itself, has been a notice should, therefore, inform the han­ a handler should not be permitted to considerable financial burden. dler of the amount of the obligation, benefit from his own misconduct, the Because the records are of such a de­ the months or periods during which the failure to include such an exception tailed nature and because they relate to milk involved was received or handled, would place a premium on fraud and very-complicated situations, an accurate and the person or persons to whom the encourage the practice of concealing interpretation of the records is ordinarily obligation is payable. If the obligation records. possible only by a person familiar with is payable to the market administrator, The provisions for the termination of them. As time passes, the memories of the account for which it is to be paid obligations should apply to any obliga­ employees are dulled and they cannot in­ should be indicated. The service of the tion irrespective of when such obligation terpret old records with a reasonable notice should be complete upon mailing arose, except an obligation involved in degree of certainty or accuracy. More­ to the last known address of the handler. an administrative proceeding under sec­ over, employees leave their positions with This method of service conforms to the tion 8c (15 (A) of the act or a court ac­ handlers and are replaced by other em­ accepted business practice of mailing tion, instituted before August 1, 1949. ployees. It frequently is impossible for a statements and billings to handlers un­ The application of these provisions to new employee, not acquainted with rec­ der the various marketing orders. all past, as well as future, obligations is ords prepared by a predecessor, to make Proposals were made at the hearing for necessary to effectuate fully the purposes an accurate interpretation of them. The the termination of a handler’s obligation of such provisions. Orderly marketing value of records in terms of proving or unless, within a prescribed period of time, requires that all persons subject to an disproving claims, therefore, diminishes court action is instituted to enforce the order be relieved of the constant threat as times goes on. payment of the obligations. The pro­ of liability for “stale” claims arising out Consequently, it is necessary that a cedure provided for in the act contem­ of transactions which everyone has rea­ definite time period be provided in each plates that handlers will comply with the son to believe have been settled. More­ of the orders within which handlers must obligations imposed; Uj?on them under an over, without the termination of obliga­ maintain their records and after which order. If they deem such obligations are tions relating to past transactions, han­ they will be definitely relieved of the re­ not in accordance with law, they may dlers would be required, for their own quirement of doing so. More particu- Tuesday, February 1, 1949 FEDERAL REGISTER 447 larly, the orders should be amended to the act which depend upon records per­ and procedure, as amended, governing provide that handlers retain records for taining to periods prior to three years proceedings to formulate marketing three years after the end of the delivery before the effective date of the amend­ agreements and orders, have been met period to which such records relate. In ment herein decided upon. Inasmuch with respect to such marketing area. terms of the volume of records which as the amendment provides generally It is hereby ordered, That all of this would be retained, the retention of rec­ that handlers may dispose of records decision, except the attached form of ords for three years appears to be a which are more than three years old, a marketing agreement, be published in the reasonable requirement. temporary safeguard must be provided F ederal R egister. The regulatory pro­ A three year period for retaining rec­ with respect to records which would be visions of the marketing agreements will ords is about a year more than is to be more than three years old at the time the be identical with those contained in the provided for under the termination of amendment becomes effective and which respective orders, as amended, and as obligation provisions. This difference in might be necessary in connection with proposed to be further amended by the time is necessary, however. In the first a court action or proceeding under sec­ attached order which will be published place, the two year period relating to the tion 8c (15) (A) of the act. It should with this decision. termination of obligations begins at the be provided, therefore, that market ad­ This decision filed at Washington, end of the calender month during which ministrators have until October 1, 1949, D. C., this 26th day of January 1949. the report of a handler is received by to notify handlers to retain records the market administrator. Utilization which pertain to transactions taking [seal] Charles F. B r annan, reports are normally received by the place before August 1, 1946. By this Secretary of Agriculture. market administrator during the month means market administrators will be af­ ORDER,1 AMENDING THE ORDERS, AS AMENDED, following that within which the milk re­ forded time to notify handlers to retain REGULATING THE HANDLING OF SULK IN ported is received and utilized. Under records concerning transactions at any CERTAIN MARKETING AREAS some circumstances, however, the report time before the effective date of the might not be received until several amendment. They will also have time to Findings and determinations. The months after the receipt and utilization notify handlers to retain records which findings and determinations hereinafter of the milk reported. The time require­ may be necessary in connection with set forth are supplementary to and in ad­ ment for the retention of records, on the litigation initiated between the effective dition to the findings and determinations other hand, begins on the last day of date and August 1, 1949. previously made in connection with the the calendar month to which such rec­ The terms and conditions of the pro­ issuance of the orders and of each of the ords relate. Moreover, the notice that posed amendments hereinafter set forth previously issued amendments thereto money is due and payable might not be are necessary to effectuate the other pro­ regulating the handling of milk in the rendered until near the end of the two visions of the marketing agreements and following marketing areas: year period and further action might be orders regulating the handling of milk St. Louis, Mo. Quad Cities. necessary in connection with a final set­ in the aforesaid respective milk market­ Greater Boston, Mass. Louisville, Ky. tlement of the obligation, nuring the ing areas. > Dubuque, Iowa. Fall River, Mass. pendency of the settlement, the records General findings, (a) The marketing Greater Kansas City. Sioux City, Iowa. agreements and orders, as hereby pro­ South Bend-La Porte Duluth-Superior. upon which the obligation is based County, Ind. Philadelphia, Pa. should be retained. These circum­ posed to be amended, and all the terms New York Metro­ Cincinnati, Ohio. stances indicate that records should be and conditions thereof will tend to effec­ politan. Wichita, Kans. retained for a somewhat longer period tuate the declared policy of the act. Toledo, Ohio. Suburban Chicago. than is provided with respect to the ter­ (b) Each of the marketing agree­ Port Wayne, Ind. Clinton, Iowa. mination of obligations. The three year ments and orders, as hereby proposed to Lowell - Lawrence, Dayton - Springfield, period for the retention of records is, be amended, regulates the handling of Mass. Ohio. milk in the same manner as, and is ap­ Omaha - Council Tri-State. therefore, reasonable. Bluffs. Minneapolis-St. Paul. Records and accounts are frequently plicable only to persons in the respective Chicago, 111. Columbus, Ohio. involved in litigation under the orders. classes of industrial and commercial ac­ New Orleans, La. Cleveland, Ohio. Such litigation sometimes requires a tivities specified in marketing agree­ longer period of time than normally ments upon which hearings have been And all of said previous findings and de­ would be feasible for the routine main­ held. terminations are hereby ratified and af­ tenance of records. It Is necessary, (c) The prices calculated to give milk firmed, except insofar as such findings therefore, to provide’ where books and produced for sale in each of the afore­ and determinations may be in conflict records are necessary in connection with said marketing areas a purchasing power with the findings and determinations set a proceeding under section 8c (15) (A) equivalent to the purchasing power of forth herein. of the act or a court action, that handlers such milk as determined pursuant to (a). Findings upon the basis of the be required to retain such records- for a sections 2 and 8e of the act are not hearing record. Pursuant to Public Act longer period than is otherwise required. reasonable in view of the price of feed, No. 10, 73d Congress (May 12, 1933), as Under some circumstances it may be available supplies of feeds, and other eco­ amended and as reenacted and amended necessary for the market administrator nomic "conditions which affect market by the Agricultural Marketing Agree­ to order the retention of all records re­ supply and demand for such milk, and ment Act of 1937, as amended (herein­ lating to an obligation; in other cases he the minimum prices specified in each after referred to as the “act”), and the may be able to specify particular books of the marketing agreements and or­ rules of practice apd procedure govern­ and records which should be retained for ders, as hereby proposed to be amended, ing the formulation of marketing agree­ use in litigation. Consequently, han­ -are such prices as will reflect the afore­ ments and orders (7 CFR and Supps. dlers should be required to retain either said factors, insure a sufficient quan­ 900.1 et seq.; 13 F. R. 8585), a public all, or such part as the market adminis­ tity of pure and wholesome milk and hearing was held at Washington, D. C., trator may specify, of such records when be in the public interest. on July 30, 1947, upon proposed amend­ they are notified to do so by the market Marketing agreements and orders. ments to the tentatively approved mar­ administrator and they should continue Annexed hereto and made a part hereof keting agreements, the marketing agree- ■ to retain them until further notification are two documents entitled, respectively, ments, as amended, and to the orders, as from the market administrator. In or­ “Marketing Agreement Regulating the amended, regulating the handling of der that handlers, as a result of the ac­ Handling of Milk in t h e ______milk in certain marketing areas. Upon tion of the market administrator, may Marketing Area” and “Order, Amending the basis of the evidence introduced at the Orders, As Amended, Regulating the such hearing and the record thereof, it not be required to retain records after Handling of Milk irt Certain Marketing is found that: their need in litigation has ended, the Areas,” which have been decided upon market administrator should notify han­ as the appropriate and detailed means lrrhis order shall not become effective as dlers promptly when, following the close to any marketing area specified herein un­ of effectuating the foregoing conclusions. less and until the requirements of § 900.14 of litigation, the records are no longer These documents shall not become effec­ of the rules of practice and procedure gov­ necessary in connection therewith. tive as to any marketing area specified erning proceedings to formulate marketing There may be court actions or pro­ therein unless and until the require­ agreements and orders have been met with ceedings under section 8c (15) (A) of ments of § 900.14 of the rules of practice respect to such marketing area. 448 PROPOSED RULE MAKING

(1) The said orders, as amended, and Part 927—Milk in the New York metro­ istrator, the account for which It is to be as hereby further amended, and all of politan marketing area as § 927.6 (f). paid. Part 930—Milk in the Toledo, Ohio, mar­ the terms and conditions of said orders, keting area as J 930.3 (d). (b) If a handler fails or refuses, with as amended, and as hereby further Part 932—Milk In the Port Wayne, Indiana, respect to any obligation under this amended, will tend to effectuate the de­ marketing area as § 932.3 (d). order, to make available to the market clared policy of the act; Part 934—Milk in the Lowell-Lawrence, administrator or his representatives all (2) The prices calculated to give milk Massachusetts, marketing area as I 934.7 (g). books or records required by this order produced for sale in said marketing areas Part 935—Milk in the Omaha-Council to be made available, the market ad­ a purchasing power equivalent to the Bluffs marketing area as § 935.3. (c). ministrator may, within the two year purchasing power of such milk as deter­ Part 941—Milk in the Chicago, Illinois, period provided for in paragraph (a) of marketing area as § 941.3 (c). mined pursuant to sections 2 and 8e of Part 942—Milk in the New Orleans, Louisi­ this section, notify the handler in writing the act are not reasonable in view of the ana, marketing area as § 942.3 (e). of such failure or refusal. If the market price of feeds, available supplies of feeds, Part 944—Milk in the Quad Cities market­ administrator so notifies a handler, the and other economic conditions which ing area as I 944.3 (d). said two year period with respect to affect market supply of and demand for Part 946—Milk in the Louisville, Kentucky, such obligation shall not begin to run such milk and the minimum prices speci­ marketing area as § 946.5 (f). until the first day of the calendar month fied in the orders, as amended, and as Part 947—Milk in the Pall River, Massa­ following the month during which all hereby further amended, are such prices chusetts, marketing area as §947.3 (c). Part 948—Milk in the Sioux City, Iowa, such books and records pertaining to as will reflect the aforesaid factors, in­ marketing area as § 948.3 (c). such‘ obligation áre made available to sure a sufficient quantity of pure and Part 954—Milk in the Duluth-Superior the market administrator or his repre­ wholesome milk and be in the public marketing area as § 954.3 (c). sentatives. interest; and Part 961—Milk in the Philadelphia, Penn­ (c) Notwithstanding the provisions of (3) The said orders, as amended, and sylvania, marketing area as § 961.5 (g). paragraphs (a) and (b) of this section, as hereby further amended, regulate the Part 965—Milk in the Cincinnati, Ohio, a handler’s obligation under this order handling of milk in the same manner as marketing area as § 965.4 (d). to pay money shall not be terminated Part 967—Milk in the South Eend-La Porte, and they are applicable only to persons Indiana, marketing area Is § 967.3 (d). with respect to any transaction involv­ in the respective classes of industrial and Part 968-7-Milk in the Wichita, Kansas, ing fraud or willful concealment of a cominercial activity specified in the mar­ marketing area as § 968.5 (e). fact, material to the obligation, on the keting agreements upon which hearings Part 969—Milk in the Suburban Chicago part of the handler against whom the have been held. marketing area as § 969.3 (c). obligation is sought to be imposed. Order relative to handling. It is Part 970—Milk in the Clinton, Iowa, mar­ (d) Any obligation on the part of the keting area as § 970.5 (f). market administrator to pay a handler therefore ordered that on and after the Part 971—Milk in the Dayton-Springfleld, effective date hereof, the handling of Ohio, marketing area as §971.3 (d). any money which such handler claims milk in the aforesaid marketing areas Part 972—Milk in the Tri-State marketing to be due him under the terms of this shall be in conformity to and in compli­ area as § 972.3 (d). order shall terminate two years after ance with the terms and conditions of Part 973—Milk in the Minneapolis-St. Paul the end of the calendar month during the aforesaid orders, as amended, and marketing area as § 973.3 (e). which the milk involved in the claim as hereby further amended; and the Part 974—Milk in the Columbus, Ohio, was received if an underpayment is aforesaid orders, as amended, are hereby marketing area as § 974.3 (d). claimed, or two years after the end of the Part 975—Milk in the Cleveland, Ohio, mar­ calendar month during which the pay­ further amended as follows: keting area as § 975.4 (d). 1. Amend each of the orders specified ment (including deduction or set-off by in this paragraph by incorporating 2. Amend each of the orders specifiedthe market administrator) was made by therein, in the manner indicated, the in this paragraph by adding thereto, in the handler if a refund on such payment following provisions: the manner indicated, the following is claimed, unless such, handler, within Retention of records. All books and provisions: the applicable period of time, files, pur­ records required under this order to be Termination of obligation. The pro­ suant to section 8c (15) (A) of the act, a made available to the market admin­ visions of this section shall apply to any petition claiming such money. istrator shall be retained by the handler obligation under this order for the pay­ Part 903—Milk in the St. Louis, Missouri, for a period of three years to begin at the ment of money irrespective of when such marketing area as § 903.16. end of the calendar month to which such Part 904—Milk in the Greater Boston, obligation arose, except an obligation in­ Massachusetts, marketing area as § 904.14. books and records pertain, except that volved in an action instituted before Part 912—Milk in the Dubuque, Iowa, all such books and records pertaining to August 1,1949, under section 8c (15) (A) marketing area as § 912.16. transactions before August 1, 1946, shall of the act or before a court. Part 913—Milk in the Greater Kansas City be retained until October 1, 1949: Pro­ (a) The obligation of any handler to marketing area as § 913.13. vided, That if, within such three-year pay money required to be paid under the Part "930—Milk in the Toledo, Ohio, mar­ period or before October 1, 1949, which­ terms of this order shall, except as pro­ keting area as § 930.16. ever is applicable, the market adminis­ vided in paragraphs (b) and (c) of this Part 932—Milk in the Fort Wayne, Indiana, trator notifies the handler in writing that marketing area as § 932.16. section, terminate two years after the Part 934—Milk in the Lowell-Lawrence, the retention of such books and records, last day of the calendar month during Massachusetts, marketing area as § 934.15. or of specified books and records, is which the market administrator receives Part 935—Milk in the Omaha-Council necessary in connection with a proceed­ the handler’s utilization report on the Bluffs marketing area as § 935.12. ing under section 8c (15) (A) of the milk involved in such obligation, unless Part - 941—Milk in the Chicago, Illinois, act or a court action specified in such within such two year period the market marketing area as § 941.15. notice, the handler shall retain such administrator notifies the handler in Part 942—Milk in the New Orleans, Loui­ books and records, or specified books and siana, marketing area as § 942.14. records, until further written notifica­ writing that such money is due and pay­ Part 944—Milk in the Quad Cities market­ tion from the market administrator. able. Service of such notice shall be ing area as § 944.15. complete upon mailing to the handler’s Part 946—Milk in the Louisville, Kentucky, In either case the market administrator marketing area as § 946.13. shall give further written notification to last known address, and it shalLcontain Part 947—Milk in the Fall River, Massa­ the handler promptly upon the termina­ but need not be limited to, the allowing chusetts, marketing area as § 947.15. tion of the litigation or when the records information: Part 948—Milk in the Sioux City, Iowa, (1) The amount of the obligation; marketing area as § 948.11. are no longer necessary in connection Part 954—Milk in the Duluth-Superior therewith. (2) The month(s) during which the marketing area as § 954.15. Part 903—Milk in the St. Louis, Missouri, milk, with respect to which the obliga­ Part 961—Milk in the Philadelphia, Penn­ marketing area as § 903.5 (c). tion exists, was received or handled; and sylvania, marketing area as § 961.12. Part 904—Milk in the Greater Boston, (3) If the obligation is payable to one Part 965—Milk in the Cincinnati, Ohio, Massachusetts, marketing area as § 904.6 (h). or more producers or to an association of marketing area as § 965.16. Part 912—Milk in the Dubuque, Iowa, Part 967—Milk in the South Bend-La- marketing area as § 912.7 (f ). producers, the name of such producer (s) Porte, Indiana, marketing area as § 967.16. Part 913—Milk in the Greater Kansas City or association of producers, or if the ob­ Part 968—Milk in the Wichita, Kansas, marketing area as § 913.3 (e). ligation is payable to the market admin­ marketing area as § 963.14. Tuesday, February 1, 1949 FEDERAL REGISTER 449

Part 969—Milk in the Suburban Chicago ceives the handler's utilization report on and records pertaining to such obliga­ marketing area as § 969.14. the milk involved in such obligation, tion are made available to the market Part 970—Milk in the Clinton, Iowa, mar­ unless within such period the market ad­ administrator or his representatives. keting area as § 970.13. ministrator notifies the handler in writ­ (c) Notwithstanding the provisions Part 971—Milk in the Dayton-Springfleld, of paragraphs (a) and (b) of this sec­ Ohio, marketing area as § 971.15. ing that such money is due and payable. Part 972—Milk in the Tri-State marketing Service of such notice shall be complete tion, a handler’s obligation under this area as § 972.15. upon mailing to the handler’s last known order to pay money shall not be termi­ Part 973—Milk in the Minneapolis-St. Paul address, and it shall contain, but need nated with respect to any transaction marketing area as*§ 973.13. not be limited to, the following informa­ involving fraud or willful concealment Part 974—Milk in the Columbus, Ohio, tion: of a fact, material to the obligation, on marketing area as § 974.14. (1) The amount of the obligation; the part of the handler against whom the Part 975—Milk in the Cleveland, Ohio, (2) The month (s) during which the obligation is sought to be imposed. marketing area as § 975.17. milk, with respect to which the obliga­ (d) Any obligation on the part of the 3. Amend Part 927—Milk in the New tion exists, was received or handled; and market administrator to pay a handler York Metropolitan Marketing Area, as (3) If the obligation is payable to one any money which such handler claims follows: or more producers or to an association to be due him under the terms of this a. Renumber §§ 927.11, 927.12, and of producers, the name of such produc­ order shall terminate two years after the 927.13, respectively, as §§ 927.12, 927.13, er (s) or association of producers, or if end of the calendar month during'which and 927.14. the obligation is payable to the market the milk involved in the claim was re­ b. Add a new § 927.11 as follows: administrator, the account for which it ceived (or with respect to storage cream is to be paid. payments pursuant to § 927.9 (g), two § 927.11 Termination of obligations. (b) If a handler fails or refuses, with years after the end of the calendar The provisions of this section shall ap­ respect to any obligation under this or­ month during which such cream is uti­ ply to any obligation under this order der, to make available to the market lized) if an underpayment is claimed, or for the payment of money irrespective administrator or his representatives all two years after the end of the calendar of when such obligation arose, except books and records required by this order month during which the payment (in­ an obligation involved in an action insti­ to be made available, the market admin­ tuted before^August 1,1949, under section cluding deduction or set-off by the mar­ istrator may, within the two year period ket administrator) was made by the 8c (15) (A) of the act or before a court. provided for in paragraph (a) of this (a) The obligation of any handler to handler if a refund on such payment is section, notify the handler in writing of claimed, unless such handler, within the pay money required to be paid unçler such failure or refusal. If the market the terms of this order shall, except as administrator so notifies a handler, the applicable periods of time, files pursuant provided in paragraphs (b) and (c) of said two year period with respect to such to section 8c (15) (A) of the act, a peti­ this section, terminate two years after obligation shall not begin to run until the tion claiming such money. the last day of the calendar month dur­ first day of the calendar month following [P. R. Doc. 49-752; Piled, Jan. 31, 1949; ing which the market, administrator re- the month during which all such books 8:50 a. m.]

NOTICES

economy will be best served by having Company, Frederick Ambrose Clark, DEPARTMENT OF AGRICULTURE them administered as a part of the Carothers & Clark and Frank J. Lewis, Office of the Secretary Shasta National Forest; on their own behalf and as representa­ Now, therefore, I, Secretary of Agricul­ tives of all the holders of the common [Administrative Order 4] ture, by virtue of the authority vested in stock of Panhandle Eastern Pipe Line Designating Certain Lands To B e Ad­ me by the aforementioned acts, do here­ Company of record on October %B, 1948, ministered as P art of Shasta National by order that the lands described above Docket No. G-1147. Forest, California be administered as a part of and Jointly In a companion court case to the in­ with other National Forest lands includ­ stant proceeding, entitled “Federal Power Whereas, the following described lands Commission v. Panhandle Eastern Pipe situate within the State of California ed within the exterior boundaries of the Shasta National Forest. Line Company,” which the Commission, have been acquired by the United States as plaintiff, instituted on November 13, as donations under the authority of the * This order shall become effective as of 1948, in the United States District Court act of March 1, 1911 (36 Stat. 961), as February 1, 1949. for the District of Delaware against Pan­ amended and supplemented by the act In testimony whereof, I have hereunto handle Eastern Pipe Line Company of June 7, 1924 (43 Stat. 653): set my hand and caused the official seal (“Panhandle”), as defendant, the Com­ M o u n t D iablo M erid ia n of the Department of Agriculture to be mission seeks an injunction, inter alia, to T. 44 N., R. 1 E.: affixed, in the City of Washington, this restrain Panhandle from delivering to Sec. 12, Ey2, Ei/awy,: 26th day of January 1949. the holders of the common stock of Pan­ Sec. 13, N^NEi/i, SW^NEVi, NE^NW^. [seal! Charles F. B rannan, handle, certificates for 810,000 shares of T. 44 N., R. 2 W.: Secretary of Agriculture. the capital stock of Hugoton Production Sec. 7, All, fractional; Company (“Hugoton”), pending deter­ Sec. 8, Wi/2, Wi/aSE^; [P. R. Doc. 49-743; Piled, Jan. 31, 1949; Sec. 17, NWNE%, NW!4; 8:47 a. m.] mination by the Commission of the issues Sec. 18, N*4, fractional; in this proceeding. On November 30, Sec. 33, Ey2; 1948, the District Court entered a judg­ Sec. 34, NW54, W ^SW ^, Ey2SW&. ment in such case denying the Commis­ FEDERAL POWER COMMISSION sion’s motion for a preliminary injunc­ Whereas, the aforesaid lands are sub­ [Docket No. G-1147] tion. The Commission appealed to the ject to all laws applicable to lands ac­ P anhandle Eastern Pipe Line Co. et al. United States Court of Appeals for the quired under the above mentioned act of Third Circuit, and that court entered a March 1, 1911, and. ORDER POSTPONING HEARING stay order restraining Panhandle from Whereas, pursuant to the provisions of section 7, of the aforementioned act of In the matter of Panhandle Eastern delivering such certificates to the holders June 7, 1924, lands acquired thereunder Pipe Line Company, Hugoton Production of its common stock pending the appeal. may be administered as National Forest Company, and Missouri-Kansas Pipe On January 6,1949, the Court of Appeals lands jointly with an existing National Line Company, Stephen Carlton Clark, rendered a decision in such case where­ Forest, and, Anderson & Company, Brown Brothers by it affirmed the judgment of the Dis­ Whereas, the above described lands are Harriman & Compay, Insurance Com­ trict Court, and continued the stay order so situated that the public interest and pany of North America, Investors Trust in effect for a period of 10 days, in order 450 NOTICES to give the Commission opportunity to Germany, are nationals of a designated 8389, as amended, and on or since De­ seek certiorari. Thereafter such re­ enemy country (Germany); cember 11, 1941, has been a resident of straint was extended to January 23,1949. 3. That all right, title, interest and Germany, and is a national of a desig­ The Court of Appeals has now entered claim of any kind or character whatso­ nated enemy country (Germany); an order whereby the stay is continued ever of the persons identified in subpara­ 2. That the property described as fol­ in force and effect until February 12, graphs 1 and 2 hereof, and each of them, lows: Cash and currency contained in 1949, and, upon notification to the clerk in and to and arising out of or under safe deposit box No. 639 maintained in of said Court on or before said date that that certain trust agreement dated April the name of Wilhelm Brabender by the the Commission has filed in the Supreme 28, 1927 by and between Carl H. Bur­ Chase Safe Deposit Company, 18 Pine Court of the United States a petition for meister, trustor, and Wells Fargo Bank Street, New York 5, New York, a writ of certiorari, until final disposition & Union Trust Company, trustee, as of the cause by the Supreme Court. By amended on April 30, 1927, May 3, 1927, is property within the United States stipulation between the Commission and February 3, 1930, January 18, 1933, and owned or controlled by, payable or deliv­ Panhandle, such continuance of the stay February 27, 1937, presently being ad­ erable to, held on behalf of or on account is conditioned upon the entry on or be­ ministered by Wells'Far go Bank & Union of, or owing to, or which is evidence of fore January 28,1949, of an order by the Trust Company, trustee, 4 Montgomery ownership or control by, the aforesaid Commission postponing the hearing in Street, San Francisco, California, national of a designated enemy country the above-entitled proceeding before it, (Germany); now set for February 7,1949, until a date is property within the United States and it is hereby determined: subsequent to the final disposition of the owned or controlled by, payable or de­ 3. That to the extent that the person court case by the Supreme Court. liverable to, held on behalf of or on named in subparagraph 1'hereof is not The Commission orders: The hearing account of, or owing to, or which is evi­ within a designated enemy country, the in this matter now set to commence on dence of ownership or control by, the national interest of the United States February 7, 1949, be and the same is aforesaid nationals of a designated requires that such person be treated as hereby postponed to a date to be fixed enemy country (Germany); a national of a designated enemy coun­ by further order of the Commission, sub­ and it is hereby determined: try (Germany). sequent to final disposition of the afore­ 4. That to the extent that the persons All determinations and all action re­ mentioned case by the United States named in subparagraph 1 hereof and the quired by law, including appropriate Supreme Court. issue, names unknown, of Magda Tych­ consultation and certification, having sen, of Ulrich Hansen, of Willy P. Hansen, been made and taken, and, it being Date of issuance: January 25, 1949. of Wilhelm C. Burmeister and of Ella deemed necessary in the national inter­ By the Commission. Goerke, and the domiciliary personal est, representatives, heirs-at-law, next-of- There is hereby vested in the Attorney [seal] Leon M. F uqua y, kin, legatees and distributees, names un­ General of the United States the prop­ Secretary. known, of Ida Hansen, deceased, are not erty described above, to be held, used, [P. R. Doc. 49-734; Piled, Jan. 31, 1949; within a designated enemy country, the administered, liquidated, sold or other­ 8:46 a. m.] national interest of the United States wise dealt with in the interest of and for requires that such persons be treated as the benefit of the United States, s. nationals of a designated enemy country The terms “national” and “designated DEPARTMENT OF JUSTICE (Germany). enemy country” as used herein shall have All determinations and all action re­ the meanings prescribed in section 10 of Office of Alien Property quired by law, including appropriate con­ Executive Order 9193, as amended. sultation and certification, having been A u t h o r it y : 40 Stat. 411, 55 Stat. 839, Pub. made and taken, and, it being deemed Executed at Washington, D. C., on Laws 322, 671, 79th Cong., 60 Stat. 50, 925; 50 January 12, 1949. , U. S. C. and Supp. App. 1, 616, E. O. 9193, necessary in the national interest, July 6, 1942, 3 CPR, Cum. Supp., E. O. 9567, There is hereby vested in the Attorney For the Attorney General. June 8, 1945, 3 CFR, 1945 Supp., E. O. 9788, General of the United States the prop­ [seal] D avid L. Bazelon, Oct. 14,1946, 11 P. R. 11981. erty described above, to be held, used, Assistant Attorney General, [Vesting Order 12614] administered, liquidated, sold or other­ wise dealt with in the interest of and for Director, Office of Alien Property. Carl H. B urmeister and W ells F argo the benefit of the United States. [P. R. Doc. 49-740; Filed, Jan. 81, 1949; Bank & U nion Trust Co. The terms “national” and “designated 8:46 a.m.] In re: Trust agreement dated April enemy country” as used herein shall have 28, 1927 between Carl H. Burmeister, the meanings prescribed in section 10 of Executive Order 9193, as amended. trustor, and Wells Fargo Bank & Union [Vesting Order 12677] Trust Company, trustee, as amended. Executed at Washington, D. C., on Filed No. D-28-3803 O-l. January 5, 1949. D r. Ernst S chnabel Under the authority of the Trading In re: Bank accounts owned by Dr. With the Enemy Act, as amended, Exec­ For the Attorney General. Ernst Schnabel. F-28-9830-C-1, F-28r- utive Order 9193, as amended, and Exec­ [seal] D avid L. B azelon, 9830-E-l, F-28-9830-E-2. utive Order 9788, and pursuant to law, Assistant Attorney General', Under the authority of the Trading after investigation, it is hereby found: Director, Office of Alien Property. with the Enemy Act, as amended, Exec­ 1. That Magda Tychsen, Annie Tych- [P. R. Doc. 49-739; Filed, Jan. 31, 1949; utive Order 9193, as amended, and Exec­ sen, Lena Tychsen, Liza Tychsen, Fritz 8:46 a. m.] utive Order 9788, and pursuant to law, Tychsen, Ulrich Hansen, Willy P. Han­ after investigation, it is hereby found: sen, Wilhelm C. Burmeister, Fritz Bur­ 1. That Dr. Ernst Schnabel on or since meister, Helmi Burmeister, Carl H. Bur­ the effective date of Executive Order meister, Wilhelm Burmeister, and Ella (yesting Order 12676] 8389, as amended, and on or since De­ Goerke, whose last known address is Ger­ cember«11, 1941, has been a resident of many, are residents of Germany and na­ Carl Wilhelm B rabender Germany, and is a national of a desig­ tionals of a designated enemy country In re: Cash and currency owned by nated enemy country (Germany); (Germany); Carl Wilhelm Brabender, also known as 2. That the property described as fol­ 2. That the issue, names unknown, of Wilhelm Brabender. D-28-2861-F-1. lows: Magda Tychsen, of Ulrich Hansen, of Under the authority of the Trading a. That certain debt or other obliga­ Willy P. Hansen, of Wilhelm C. Bur­ With the Enemy Act, as amended, Execu­ tion of the First National Bank and Trust meister, and of Ella Goerke, and the tive Order 9193, as amended, and Execu­ Company of Montclair, 600 Valley Road, domiciliary personal representatives, tive Order 9788, and pursuant to law, Upper Montclair, New Jersey, arising out heirs-at-law, next-of-kin, legatees and after investigation, it is hereby found: of a checking account, entitled Dr. Ernst distributees, names unknown, of Ida 1. That Carl Wilhelm Brabender, also Schnabel, maintained at the aforesaid Hansen, deceased, Who there is reason­ known as Wilhelm Brabender, on or since bank, and any and all rights to demand, able cause to believe are residents of the effective date of Executive Order enforce and eollect the same, and Tuesday, February 1, 1949 FEDERAL REGISTER 451 b. That certain debt or other obliga­ part hereof and whose last known ad­ arising under or with respect to the fore­ tion owing to Dr. Ernst Schnabel, by dresses are listed in said Exhibit A as going, First National Bank of Belleville, 144 being in a foreign country (the names d. All monies and amounts, and all Washington Avenue, Belleville 9, New of which persons are listed (a) fn Col­ rights to receive monies and amounts, by Jersey, arising out of a checking account, umn 3 of said Exhibit A as the authors way of royalty, share of profits or other entitled Resistoflex Corp. Special Ac­ of the works, the titles of which are listed emolument, accrued or to accrue, wheth­ count, of, or owing to, or which is evi­ in Column 2, and the copyright numbers, er arising pursuant to law, contract or dence of ownership or control by, Dr: if any, of which are listed in Column 1, otherwise, with respect to the foregoing, Ernst Schnabel, the aforesaid national respectively, of said Exhibit A, and/or e. All rights of renewal, reversion or of a ""designated enemy country (Ger­ (b) in Column 4 of said Exhibit A as the revesting, if any, in the foregoing, and many) ; owners of the copyrights, the numbers, f. All causes of action accrued or to if any, of which are listed in Column 1, accrue at law or in equity with respect is property within the United States and covering works the titles of which to the foregoing, including but not lim­ owned or controlled by, payable or de­ are listed in Column 2, respectively, of ited to the rights to sue for and recover liverable to, held on behalf of or on ac­ said Exhibit A, and/or (c) in Column 5 all damages and profits and to request count of, or owing to, or which is evidence of said Exhibit A as others owning or and receive the benefits of all remedies of ownership or control by, Dr. Ernst claiming interests in such copyrights) provided by common law or statute for Schnabel, the aforesaid national of a des­ are residents of, or are organized under the infringement of any copyright or the ignated enemy country (Germany); the laws of, or have their principal places violation of any right or the breach of and it is hereby determined: of business in, such foreign country and any obligation described in or affecting 3. That to the extent that the person are nationals thereof; the foregoing, named in subparagraph 1 hereof is ftot 2. That all right, title, interest and within a designated enemy country, the claim of whatsoever kind or nature; under is property of, and is property payable or national interest of the United States the statutory and common law of the held with respect to copyrights or rights requires that such person be treated as a United States and of the several States related thereto in which interests are national of a designated enemy country thereof, of the persons referred to in held by, and such property itself consti­ (Germany). Column 5 of said Exhibit A, and also of tutes interests held therein by, the afore­ All determinations and all action re­ all other persons (including individuals, said nationals of foreign countries. quired by law, including appropriate con­ partnerships, associations, corporations All determinations and all action re­ sultation and certification, having been or other business organizations), whether quired bylaw, including appropriate con­ made and taken, and, it being deemed or not named elsewhere in this order in­ sultation and certification, having been necessary in the national interest, cluding said Exhibit A, who are residents made and taken, and, it being deemed There is hereby vested in the Attorney of, or which are organized under the laws necessary in the national interest, General of the United States the prop­ of or have their principal places of busi­ There is hereby vested in the Attorney erty described above, to be held, used, ad­ ness in, Germany or Japan, and are na­ General of the United States the prop­ ministered, liquidated, sold or otherwise tionals of such foreign countries, in, to dealt with in the interest of and for the and under the following: erty described in subparagraph 2 hereof, benefit of the United States. a. The copyrights, if any, described in to be held, used, administered, liquidated, The terms "national” and "designated said Exhibit A, sold or otherwise dealt with in the inter­ enemy country” as used herein shall have b. Every copyright, claim of copyright est of and for the benefit of the United the meanings prescribed in section 10 of and right to copyright in the works de­ States. Executive Order 9193, as amended. scribed in said Exhibit A and in every The term "national” as used herein Executed at Washington, D. C., on issue, edition, publication, republication, shall have the meaning prescribed in January 12, 1949. translation, arrangement, dramatization section 10 of Executive Order 9193, as and revision thereof, in whole or in part, amended. For the Attorney General. of whatsoever kind or nature, and of all Executed at Washington, D. C., on [seal] David L. B azelon, other works designated by the titles Assistant Attorney General, therein set forth, whether or not filed January 5, 1949. Director, Office of Alien Property. • with the Register of Copyrights or other­ wise asserted, and whether or not specif­ For the Attorney General. [P. R. Doc. 49-741; Filed, Jan. 31,' 1949; 8:46 a. m.] ically designated by copyright number, [seal] D avid L. Bazelon, c. Every license, agreement, privilege, Assistant Attorney General, power and right of whatsoever nature Director, Office of Alien Property. E xhibit A [Vesting Order 500A-245] Copyright of Louise K arg-E lert, Column 1 Column 2 Column 3 Column 4 Column 5 German National Names and last known ad­ Identified Copyright Names and last known dresses of owners of copy­ persons Under the authority of the Trading Nos. Titles of works nationalities of authors whose in­ With the Enemy Act, as amended, Exec­ rights terests are utive Order 9193, as amended, and Ex­ being vested ecutive Order 9788, and pursuant to law, after investigation, it is hereby found: R-76590 (May 16, Drei symphonisches Chor­ Sigfrid Karg-Elert (de­ Louise Karg-Elert, Elisenstr Owner. 1939). ale für Orgel Opus 87, ceased). 111, Leipzig S.3, Germany 1. That the persons (including indi­ No. 1 entitled “Ach (nationality, German). viduals, partnerships, associations, cor­ bleib mit deiner gnade”. porations or other business organiza­ 1911. tions) referred to or named in Column 5 of Exhibit A attached hereto and made a [F. R. Doc. 49-727; Filed, Jan. 28, 1949; 8:55 a. m.]