^ O N A L ^ - ç FEDERAL! REGISTER VOLUME 20 ' % - 1934 c f ÿ NUMBER 229 ^ A f/ T E D ^ Washington, Thursday, November 24, 1955

TITLE 6— AGRICULTURAL CREDIT County Supervisor will request that the preliminary title evidence be sent to the CONTENTS Chapter III— Farmers Home Adminis­ Farmers Home Administration County tration, Department of Agriculture Agricultural Conservation Pro- Pas® Office. He will also request that the gram Service mortgagee policy of title insurance and Subchapter B— Farm Ownership Loans Rules and regulations: owner’s policy of title insurance, if any, [FHA Instruction 443.2] or other final title evidence, be sent to Agricultural conservation; Alaska, 1956; miscellaneous the Farmers Home Administration P art 332—P rocessing I n it ia l L oans amendments______8667 County Office. The County Supervisor MORTGAGES TAKEN IN CONNECTION WITH will request that the mortgagee title in­ Agricultural Marketing Service INSURED FARM OWNERSHIP LOANS surance policy be made payable to the Proposed rule making : Sections 332.8 and 332.13 (d ), (f), (g ), United States of America. Milk in Inland Empire market­ and (h) of this chapter (20 P. R. 3671, (b) For an insured loan, no acceptance ing area; handling of______8674 3672) are hereby amended to provide for of option letter will be prepared and no Agricultural Research Service the taking of mortgages in favor of the title service will be requested until the Rules and regulations: Government in connection with insured County Supervisor ascertains the name Foreign quarantine notices; for­ Farm Ownership loans, to conform the and address of the lender who will make eign cotton and covers. _____ 8660 processing of such loans in accordance the specific loan. therewith, and to read as follows: Agriculture Department (Sec. 16, 69 Stat. 553 (P. L. 273, 84th Cong.)) See also Agricultural Conservation § 332.8 Accepting option and request­ § 332.13 Action by County Supervisor Program Service; Agricultural ing title seryce. (a) Subject to the pro­ following receipt of closing instructions. Marketing Service; Agricultural visions of paragraph (b) of this section, * * * Research Service; Commodity Vrtien the County Supervisor -receives (d) Collection of appraisal fee and in­ Credit Corporation; Commodity Form FHA-476 indicating approval of itial loan insurance charge for insured Stabilization Service ; Farmers the loan, he will: (1) In case of a Ten«* loans. (1) The County Supervisor will Home Administration. ant Purchase or Farm Enlargement collect a $20 appraisal fee from each ap­ Notices: loan prepare the acceptance of option plicant at the time of loan closing. This North Carolina, disaster assist- letter, Form FHA-191, “Acceptance of fee may be included in the loan. Form .. ance; delineation of area and Option (Vendor to Furnish Abstract),” FHA-37, “Receipt for Payment,” will be designation of counties______8677 or Form FHA-191B, “Acceptance of Op­ prepared for the appraisal fee payment. Alien Property Office tion (Vendor to Furnish Title Insur­ (2) The initial loan insurance chargeNotices: ance) .” The original of the option ac­ will be collected from an insured loan Vested property, intention to re­ ceptance letter will be signed by the applicant at the time of loan closing. turn: applicant as “Buyer,” and by his wife if The amount of such charge will be com­ she is named in the option, and mailed De Baguer, Elvira______8680 puted at the rate of one percent of the Kaufmann, Josefa______8680 to the seller. Form FHA-191B also will principal amount of the loan for the pe­ pe signed by the County Supervisor. I f Sugar, Caroline Charlotte riod from the date of loan closing to the (Lolette) Invalid von Wald- it is necessary that the seller submit a first January 1 thereafter. Such charge tren------8680 heposit for furnishing an abstract in con­ must be paid from the applicant’s per­ Werner, Kurt______8680 nection with placing the order for title sonal funds. The amount of the initial Army Department insurance, information to that effect will loan insurance charge will be included De added to the option acceptance letter, on the same Form FHA-37 prepared for See Engineers Corps. ana it will be the responsibility of the the appraisal fee payment. I f the first Commerce Department W'lnty SiipBnisra to see that the neces- installment on the loan, or any portion See Federal Maritime Board; sary action is taken by the seller; and thereof, is collected at the time of loan Maritime Administration. see that the title service is requested closing, it will be entered as a regular m accordance with Part 327 of this chap- Commodity Credit Corporation payment on the same Form FHA-37. Rules and regulations: nr V For types of loans he will stamp ***** Tobacco, 1955 loan program; skrS?! ? siired” or “Direct” on the (f) Mortgage forms. Real estate schedule of advance rates by forS, atlon for title insurance and mortgage forms in series FHA-187 will grades for certain types (2 tiHp t rd lt; to the representative of the be used for direct loans and forms in documents)______8659 of thi Urance comPany or to the office series FHA—242 will be used for insured Wh?n Cf0mpany. whichever is customary. loans. Commodity Stabilization Service tittA? f °rwarding the application for (g) Insurance endorsement for in­ Rules and regulations: a nr.a ins,nrance or requesting title clear- sured loan. The County Supervisor is Corn ; proclamation of commer­ other than title insurance, the cial corn-producing area for (Continued on next page) 1956------8666 8657 8658 RULES AND REGULATIONS CONTENTS— Continued CODIFICATION GUIDE A numerical list of the parts of the Code Farmers Home Administration Page of Federal Regulations affected by documents F E D E R A L ^ REGISTER Rules and regulations: . published In this issue. Proposed rules, as V, »M Processing initial loans; mort­ opposed to final actions, are identified as eOmto gages taken in connection sfich. with insured Farm Owner­ Title 6 Page ship Loans-______- 8657 C hapter III: ^ 8657 Published daily, except Sundays, Mondays, Federal Maritime Board Part 332------.------and days following official Federal holidays, Notices: Chapter IV: by the Federal Register Division, National Member lines of Pacific West­ Part 464 (2 documents) 8659 Archives and Records Service, General Serv­ bound Conference et al.; Title 7 ices Administration, pursuant to the au­ agreements filed for approval. 8677 thority contained in the Federal Register Act, Chapter III: approved July 26, 1935 (49 Stat. 500, as -Federal Power Commission Part 319— ------8660 amended; 44 U. S. C., ch. 8B ), under regula­ N otices: Chapter V II: tions prescribed by the Administrative Com­ Hearings, etc.: Part 721______8666 mittee of the Federal Register, approved by Brack, Ben F., et al---- :------8676 Chapter IX : the President. Distribution is made only by Brack, Ben F., Oil Co., Inc— 8676 Part 1008 (proposed).. 8674 the Superintendent of Documents, Govern­ Columbian Fuel Corp------—- 8677 Chapter XI: ment Printing Office, Washington 25, D. C. Continental Oil Co------8676 8667 The Federal Register will be furnished by Part 1104— _------mail to subscribers, free of postage, for $1.50 Dayton Power and Light Co. 8677 Title 19 per month or $15.00 per year, payable in Hurley, Ed K , et al------8674 Chapter I: Jones, Henrietta Yeager, advance. The charge for individual copies Part 12------— 8667 (minimum 15 cents) varies in proportion to et al_------8675 8667 the size of the issue. Remit check or money Part 14—------McMillian, Hugh, et al_------8675 Part 16------8667 order, made payable to the Superintendent Nueces Royalty Co------8675 of Documents, directly to the Government Union Pacific Railroad Co----- 8674 Title 33 Printing Office, Washington 25, D. O. Chapter H: The regulatory (material appearing herein Housing and Home Finance 8673 Is keyed to the Code op Federal R egulations, Part 203______which is published, under 50 titles, pursuant Agency to section 11 of the Federal Register Act, as Notices: amended August 5, 1953. The Code op Fed­ Regional Director of Urban Re­ authorized to execute the insurance en­ eral Regulations is sold by the Superin­ newal of Region IV (Chicago) ; dorsement on the reverse of Form FHA- tendent of Documents. Prices of books and redelegation of authority to 240, “ Promissory Note (Insured Farm pocket supplements vary. approve Uiird party contracts Ownership Loan),” or 240A, “ Bond (In­ There are no restrictions on the re­ with respect to slum clearance sured Farm Ownership Loan).” The publication of material appearing in the and urban renewal pro­ State Director also is authorized to sign Federal Register, or the Code of Federal gram ..______8678 the insurance endorsement. Execution R egulations. of the insurance endorsement consti­ Interior Department tutes the Government’s insurance of the See Land Management Bureau. loan. Interstate Commerce Commis­ (h) Other closing actions. (1) When Now Available sion there are insurable buildings on the Notices: T farm, the County Supervisor will see UNITED STATES Fourth section applications for that adequate insurance is provided, relief______8678 effective as of the time of loan closing. GOVERNMENT (2) Immediately after loan closing, Justice Department the original Form FHA-190, “Promissory ORGANIZATION See Alien Property Office. Note,” or a conformed copy of Form MANUAL Land Management Bureau FHA-240 will be sent to the Finance Notices: Office. 1955-56 Edition Alaska; filing of objections to (3) Immediately after loan closing, transfer of jurisdiction of in­ the original Form FHA-240 will be sent (Revised through June 1) terest ------— 8678 to the lender, except that when the Published by the Federal Register Division, South Dakota; proposed with­ United States as trustee for a State the National Archives and Records Service, drawal and reservation of Rural Rehabilitation Corporation is the General Services Administration lands------8678 lender, Jt will be forwarded to the State Maritime Administration Director for safekeeping. 768 pages— $1.00 a copy (4) The original deed of conveyance, Notices : Certain trade routes; essential­ if any, and conformed copy of the mort­ Order from Superintendent of Documents, gage will be delivered to the borrower. ity and United Statës flag United States Government Printing Office, (5) I f the borrower secures an owner’s Washington 25, D. C. service requirements; conclu­ sions and determinations.— . 8678 policy of title insurance, the County Supervisor will deliver it to the borrower Securities 'and Exchange Com­ as soon as it is received from the title CONTENTS— Continued mission insurance company. Notices: (6) The following material will be placed in the borrower’s County Office Customs Bureau Page Hearings, etc.: National Fuel Gas Co------8679 case folder: (i) Original recorded mort­ Rules and regulations: New England Electric System gage, except that in the case of an in­ Appraisement______— 8667 and Weymouth Light and sured loan when the United States as Liquidation of duties------8667 Power Co______1---- . 8679 trustee for a State Rural Rehabilitation Special classes of merchandise. 8667 Republic Aviation Corp------8679 Corporation is the lender, the origina recorded mortgage will be forwarded to Defense Department Small Business Administration the State Director for safekeeping, ana See Engineers Corps. Notices: (ii) mortgagee policy of title insurance. Massachusetts; amendment to Engineers Corps (7) Any abstract of title will be de­ declaration of disaster area.. 8680 livered to the borrower for safekeeping. Rules and regulations: Treasury Department The County Supervisor will obtain a re­ Bridge regulations; miscellane­ ceipt from the borrower at the time tne ous amendments^-----— - 8673 See Customs Bureau. Thursday, November 24, 1955 FEDERAL REGISTER 8659 abstract is delivered to him. The receipt [Dollars per hundred pounds, farm sales will be signed and dated by the borrower tDollars per hundred pounds, farm sales weight] weight] and the abstract will be identified in the Grade Advance receipt by showing the name of the ab- Grade rate Grade rate stractor who prepared the abstract, the T4RV Crop-run (stripped together): rate 20.12 C4M ----- 50.12 XI ------£______27 number* if any, assigned by the abstrac- T4r> - 17.12 C5M X 2 ------.__ 25 tor, and the period covered by the T5D - 14. 12 C4G _ -----34.12 abstract. T4GF 21. 12 C5G ____27.12 X 4 ------;______22 (8 ) A Farm Ownership loan is con- T 4GR 17.12 X1L -----67.12 X 5 ------19 15.12 X2L ... sidered closed when the mortgage is filed t s g r ____66.12 Farm fillers: 13. 12 X3L for record. dL -----65.12 Y 1 ------19 67.12 X4L « -----61.12 66. 12 ------*------17 (Secs. 3 (a) and (b) (1), (3) and (4), 12 ~ X5L -----52. 12 Y3 _____------15 (a), (c) (4), (d) and (e) (1), 48, 60 Stat. S;2*1 - 65. 12 X1F ---- 66.12 1074, 1076, 1070, sec. 3, 62 Stat. 534, sec. 2 C4L - 64. 12 X2F ____65.12 § 464.742 1955 crop—New York ahd (f), 64 Stat. 99, sec. 16, 69 Stat. 553 (P. L. C5L *" 59.12 X3F ___ 64. 12 Pennsylvania Havana seed tobacco, Type 273, 84th Cong.); 7 U. S. C. 1003 (a) and (b ) C1F - 66. 12 X4F .. ---- 60. 12 53, advance schedule2 (1), (3) and (4), 1005b (a), (c) (4), (d) C2P — 65. 12 X 5 F _____ ---- 51. 12 and (e ) (1 ), 1022, 40 U. S. C. 440 ( f ) ) C8P — 64. 12 X3R ---- 54.12 [Dollars per hundred pounds, farm sales C4F _. 62. 12 X4R ---- %0. 12 weight] Dated: November 18, 1955. C5F 57. 12 X5R ---- 40. 12 Grade Advance 59. 12 X4M . [ seal] H . C. S m it h , cI f v . __ 47.12 Binders: rate 57. 12 X5M _ .. B1M ------5o Acting Administrator, C3FK " 53. 12 X4G ---- 37.12 B 2 M ...... ■ " " 49 Farmers Home Administration. C4FK !! 51. 12 X5G ---- 27.12 B3M ______4= IF. R. Doc. 55—9458; Filed, Nov. 23, 1955; C3R — 56.12 NIL -----38. 12 B4M ______: : : : : : : 41 8:49 a. m.] C4R — 53. 12 N1F ---- 27.12 B5M ______gg 46. 12 N1D ----13.12 B6M ------:------36 49.12 NIG ---- 11. 12 B 7 M ____;______33 46.12 Binder pickers: Chapter IV— Commodity Stabilization R l ------28 (Sec. 4, 62 Stat. 1070, as amended; 15 U. S. C. R2 ------:------25 Service and Commodity Credit Cor­ 714b. Interprets or applies sec. 5, 62 Stat. R3 ------, 24 1072, secs. 101, 401, 63 Stat. 1051, as amended, poration, Department of Agricul­ Strippers: 1054; 15 U. S. C. 714c, 7 Ü. S. C. 1441, 1421) ture C l ...... 24 P art 464— T obacco Issued this 18th day of November 1955. C 2 ...... 22 C 3 ------20 SUBPART— 1955 TOBACCO LOAN PROGRAM [ seal] _ W alter C. M erger, Crop-run: Acting Executive Vice President, Set forth below is schedule of adance XI ...... 23 Commodity Credit Corporation. X 2 ------21 rates, by grades, for the 1955 crop of type X 3 ------19 31, Burley tobacco, under the tobacco [F, R. Doc. 55-9443; Filed, Nov. 23, 1955; X 4 ------17 loan program formulated by Commodity 8 :47 a. m.] X 5 ------16 Credit Corporation and Commodity Farm fillers: Stabilization Service, published May 20, Y 1 - ...... 20 1955 (20 F. R. 3525). Y2 ------18 P art 464— T obacco Y3 ...... 16 § 464.718 1955 crop—Burley tobacco, SUBPART— 1955 TOBACCO LOAN PROGRAM Type 31, advance schedule,x § 464.743 1955 crop— Southern Wis­ Set forth below are schedules of ad­ consin. tobacco, Type 54, advance sched­ [Dollars per hundred pounds, farm sales vance rates, by grades, for the 1955 crop ule.2 — weight] of types 42, 43, 44, 53, 54, and 55 tobacco Advance [Dollars per hundred pounds, farm sales Advance under the tobacco loan program formu­ weight] Grade rate Grade rate lated by Commodity Credit Corporation B1F------60.12 B5M ______27.12 Grade Advance and Commodity Stabilization Service, Binders: rate B2F ------58. 12 B3GF______31.12 published May 20, 1955 (20 F. R. 3525). B1M ______c5 B3F------54. i 2 &4GF_____ 28.12 B4F ------50.12 B5GF______23.12 Sec. B2M _.______“ I 51 B3M ______47 B5F------42. 12 B 3 G R ______21. 12 464.741 1955 crop— Ohio filler tobacco, B3FV ------49.12 B4GR ______18.12 Types 42, 43, and 44. B4M ______43 B4FV ______44. 12 B 5 G R ______14. 12 464.742 1955 crop— New York and Pennsyl­ B5M ______39 B6M ______36 B 3 F K ______44.12 M 3 F _____ 47.12 vania Havana seed tobacco, Type B4FK ------39. 12 M 4F ______42. 12 B7M ______33 B1FR------5o. 12 464.743 1955 crop—Southern Wisconsin to­ Binder pickers: M 5 F ______37.12 R 1 ______on B2FR------48. 12 M 3R ______35. 12 bacco, Type 54. B3FR------43 i 2 M 4R _2______31.12 464.744 1955 crop—Northern Wisconsin to­ R2 ------„ ------:::::::::::: ¡5 B4FR------39. 12 M5R ______26.12 bacco, Type 55. R 3 ------25~ B5FR------33 i 2 T 3 F ------43.12 BlR Au thority: §§ 464.741 to 464.744 issued 38. 12 T 4 F ______38.12 thorized to deduct from the amount paid the B2R under sec. 4, 62 Stat. 1070, as amended; 15 36. 12 T 5 F ------31.12 grower fifty • cents per hundred pounds to B3R _ 32. 12 U. S. C. 714b. Interpret or apply sec. 5, 62 B4R _ T 3 F V ______36.12 Stat. 1072, secs. 101, 401, 63 Stat. 1051, as apply against receiving and overhead costs 28. 12 T4FV ______30.12 plus a fee of $5.00 for each lot of tobacco re­ B5R amended, 1054; 15 U. S. C. 714c, 7 U. S. C 25. 12 T 3 F R ______37. 12 1441, 1421. ceived for sample grading purposes. Only B3RV . 25.12 T 4 F R ______32. 12 the'original producer is eligible to receive ad­ B4RV . 21.12 T 5 F R ______26. 12 B4D _ § 464.741 1955 crop—Ohio filler to­ vances. No advance is authorized for tobacco 19.12 T3R ------26. 12 BSD .. bacco, Types 42, 43, and 44, advance graded W (doubtful keeping order), U (un­ 16.12 T 4 R ------23. 12 schedule} sound), or N (nondescript), B3M 41. 12 T5R _*------is. 12 B4M _ * The Cooperative Association through 37. 12 T 3 R V ______23. 12 [Dollars per hundred pounds, farm sales which price support is made available is weight] authorized to deduct from the amount paid ‘ The ^ Cooperative Associations through Grade Advance the grower $1.00 per hundred pounds on a„ th Price support is made available are Fillers (farm wrappers): rate tobacco of the B grade group and fifty cents tn riZed deduct from the amount paid Cl M B ______qo per hundred pounds on tobacco of the R, a n n ^ ^ f \2 cents Per hundred pounds to C 1 M ______ZZZZIII_IZ 27 C„ X, and Y grade groups to apply against Inal lnSt overJlead costs. Only the orig- C2M ______or receiving and overhead costs, plus a fee of Toha^r.r.dUCe5 is eligible receive advances, $5.00 for each lot of tobacco received for deri ‘■TT*?ra,^e<^ (doubtful keeping or- C*M ______£ sample grading purposes. Only the original producer is eligible to receive advances. To­ N2L *fjor» xi^?sound^’ “DAM” (damaged), bacco graded B1M through B7M and marked decavSf^uf2G; * ested> Notched, off-type, or yed will not be accepted. 1 The Cooperative Association through with the special factor “Moist” or “Damp” which price support is made available is au- will be supported at the advance rate for 8660 RULES AND REGULATIONS

[Dollars per hundred pounds, farm sales 319. After due consideration of all mat­ or otherwise, which have been used or weight] ters presented pursuant to the notice of are of the kinds ordinarily used, for con­ Grade Advance rule making and under the authority of taining cotton, grains (including grain Strippers: rate sections 5, 7, and 9 of the Plant Quaran­ products), field seeds, agricultural roots, Cl ______25 rhizomes, tubers, or other underground C 2 ______;______24 tine Act of 1912, as amended (7 U. S. C. 159, 160, 162), said, provisions are here­ crops, may result in the entry into the . C3 ______*______- 22 United States of the pink bollworm (Pec- Crop-run: by amended to read as follows: XI ______24 tinophora gossypiella (Saund.)), the QUARANTINE golden mematode of potatoes Heterodera X2 ______23 Sec. ______22 319.8 Notice of quarantine. rostochiensis W r.), the flag smut disease X 4 ______18 (Urocystis tritici Koem .), and other in­ X5 V-;------15 regulations ; g e n e r a l jurious plant diseases and insect pests, Farm fillers: ' 319.8-1 Definitions. and said Administrator hereby further Y1 _...... - ...... 21 determines, that, in order to prevent the Y 2 ______J------18 CONDITIONS OF IMPORTATION AND ENTRY OF ______15 COTTON AND COVERS introduction into the United States of said plant diseases and insect pests, § 464.7441955 crop—Northern Wis­ 319.8- 2 Permit procedure. which are new to or not heretofore consin tobacco, Type 55, advance sched­ 319.8- 3 Refusal and cancellation of per­ mits. widely prevalent or distributed within ule.8 319.8- 4 Notice of arrival. and throughout the United States, it is [Dollars per hundred pounds, farm sales 319.8- 5 Marking of containers. necessary to forbid the importation into weight] 319.8- 6 Cottonseed cake and cottonseed the United States of the plants and prod­ Grade Advance meal. ucts, including fabrics, specified above, Binders: rate 319.8- 7 Processed lint, linters, and waste. except as permitted in the regulations B1M ...... 82 319.8- 8 Lint, linters, and waste. supplemental hereto. Hereafter the B2M ______58 319.8- 9 Hull fiber and gin trash. Covers. plants and products specified above shall B 3 M ______54 319.8- 10 not be imported or offered for entry into B4M ______49 OTHER CONDITIONS APPLICABLE TO COTTON AND the United States from any foreign B 5 M ______- ...... 45 COVERS FROM MEXICO B6M ------41 country or locality except as permitted B7M ______...... —------37 319.8- 11 From contiguous areas of Mexico. by said regulations, and the plants and Binder pickers: 319.8- 12 From West Coast of Mexico. products permitted by the regulations R1 ...... 32 319.8- 13 From Imperial Valley, Mexico. to be imported or offered for entry shall R2 ______29 310.8- 14 Special authorization for lint, be subject to the provisions of sections 1, linters, and waste from Mexico. R 3 ------26 2, 3, and 4 of said Plant Quarantine Act Strippers : 319.8- 15 Mexican cotton and covers other­ wise enterable. (7 U. S. C. 154, 156, 157, and 158) : Pro­ C l - ...... 24 vided, That whenever the Chief of the C 2 ------23 MISCELLANEOUS PROVISIONS C 3 ______20 Plant Quarantine Branch shall find that Crop-run: ' 319.8- 16 Importation into United States of existing conditions as to the pest risk X I _ j— ______23 cotton and covers exported involved in the importation of any of the X2 ------22 therefrom. permitted plants or products as provided X 3 ______------21 319.8- 17 Importation for exportation and in the regulations make it safe to modify, ______importation for transportation 17 and exportation; storage. by making less stringent, the restrictions X 5 ______- ______- 15 contained in any of such regulations, he Farm fillers: 319.8- 18 Samples. 319.8- 19 Cotton seed or seed cotton for ex­ shall set forth and publish such findings Y1 ______20 perimental or scientific pur­ in administrative instructions, specify­ Y2 ...... 18 poses. Y 3 ______15 ing the manner in which the regulations 319.8- 20 Importations by the Department shall be made less stringent, whereupon Issued this 18th day of November 1955, of Agriculture. such modification shall become effective. 319.8- 21 Release of cotton and covers after [ seal] W alter C. B erger, (b) As used in this section the term 18 months’ storage. “United States” shall have the meaning Acting Executive Vice President, 319.8- 22 Ports of entry or export. Commodity Credit'Corporation. 319.8- 23 Treatment. ascribed to it in the regulations supple­ [F. R. Doc. 55-9440; Filed, Nov. 23, 1955; 319.8- 24 Collection and disposal of waste. mental hereto. 8:47 a. m.] 319.8- 25 Costs and charges. regulations; general 319.8- 26 Material refused entry. 319.8- 27 Applicability of Mexican Border §319.8-1 Definitions. F o r the pur­ TITLE 7— AGRICULTURE Regulations. poses of the regulations, in this subpart, Au th o rity: §§319.8 to 319.8-27 issued the following words shall be construed, Chapter III— Agricultural Research under sec. 9, 37 Stat. 318; 7 U. S. C. 162. respectively, to mean: Service, Department of Agriculture Interpret or apply secs. 5, 7, 37 Stat. 316, 317, (a ) Cotton. Parts and products ot as amended; 7 U. S. C. 159, 160. plants o f the genus Gossypium, including P art 319—F oreign Q u a ran tin e N otices QUARANTINE seed cotton’; cottonseed; cotton lint, linters and other forms of cotton fiber» SUBPART— FOREIGN COTTON AND COVERS § 319.8 Notice of quarantine,quarantine. (a) not including yarn, thread and cloth; On March 9,1955, there was published Pursuant to sections 5 and 7 of the Plant cottonseed hulls, cake, meal, and other in the F ederal R egister (20 F. R. 1407), Quarantine Act of 1912, as amended (7 cottonseed products, except oil; waste, a notice of rule making setting forth cer­ U. S. C. 159, 160), and after the public and all other unmanufactured parts oi tain proposed amendments to the pro­ hearing required thereunder, the Admin­ cotton plants. visions in the Subpart “Foreign Cotton istrator of the Agricultural Research (b ) Seed cotton. Cotton as it comes and Covers” in 7 CFR, 1954 Supp., Part Service hereby determines that the un­ from the field. ' restricted importation into the United (c ) Cottonseed. Cottonseed from the grade minus $4.00 and $6.00, respectively. States from all foreign countries and lo­ which the lint has been removed. Grades B1M through R3 containing damaged calities of (1) any parts or products of (d) Lint. All forms of raw ginned leaves will be marked with the special factor plants of the genus Gossypium, including cotton, either baled or unbaled, except “D” followed by the percentage of damaged seed cotton; cottonseed; cotton lint, lint­ leaves. The weight of the damaged leaves linters and waste. will be deducted and the advance will be ers, and other forms of cotton fiber (not (e) Linters. All forms of cotton nper made only on the weight of sound or un­ including yarn, thread, and cloth); cot­ separated from cottonseed after the in damaged tobacco. Tobacco graded in a sub­ ton seed hulls, cake, meal, and other cot­ has been removed, excluding so-caii grade of the C, X, or Y group and marked tonseed products, except oil; cotton with the special factor “DAM” will be sup­ waste, including gin waste and thread hU( f f '‘waste. All_ _forms______of botton waste ported at the advance rate for that grade waste; and any other unmanufactured manufacture of cotton less $2.00. No advance is authorized for to­ parts of cotton niants- plants; and (2 (2) ) second- second derived from the manufacture bacco graded W (doubtful keeping order), lint in any form or under any trade at» U (unsound), or N (nondescript). hand burlap and other fabrics, shredded Thursday, November 24, 1955 FEDERAL REGISTER 8661 ignation, including gin waste and thread the Valley in the State of Sonora, Mex­ waste; and waste products derived from in the North, In California, or on the ico, lying between San Luis Mesa and Mexican Border shaU also specify the milling of cottonseed. Gin trash is the Colorado River. not within the definition of waste. whether the commodity is compressed (s) Treatment. Procedures admin­ to high density. (g) Gin trash. AH of the material istratively approved by the Chief of the (c) Applications for permits may be produced during the cleaning and gin­ Branch for destroying infestations or in­ ning of seed cotton, hollies or snapped made orally or on forms provided for fections of insect pests or plant diseases, the purpose by the Branch, or may be cotton except the lint, cottonseed, and such as fumigation, appUcation of chem­ made by a letter or telegram containing gin waste. icals or dry or moist heat, or processing, (h) Covers. Second-hand burlap and utilization, or ¿storage. all the information required by this sec­ other fabrics, shredded or otherwise, in­ tion. (t) Permit. A form of authorization (d) Upon receipt and approval of such cluding any whole bag, any bag that has to allow the importation of cotton or application by the Branch, an individual been slit open, and any part of a bag, covers in accordance with the regula­ which have been used, or are of the kinds tions in this subpart. or continuing permit wiH be issued au­ thorizing the importation and specifying ordinarily used, for containing cotton, (u) Approved. Approved by the grains (including grain products), field Chief of the Branch. the port of entry and the conditions of seeds, agricultural roots, rhizomes, tu­ entry. A copy of the permit wiH be (v) Approved fumigation facilities. supplied to the importer. bers, or other underground crops. Bur­ Approved vacuum fumigation plant at lap and other fabrics, when new or un­ a port where an inspector is available to (e) Upon receipt of an application to used are excluded from this definition. supervise the fumigation. import lint, linters, waste, or covers, (i) Uncompressed. Baled or packaged (w) Utilization. Processing or manu­ without treatment, for utilization under to a density not exceeding approximately facture, in lieu of fumigation at time of agreement as defined in § 319.8-8 (a) 20 pounds per cubic foot. • entry, at a mill or plant specifically (2), an investigation will be made by an (j) Compressed. Compressed or approved by the Chief of the Branch.1 inspector to determine that the receiv­ pressed and baled or packaged to a den­ (x) Authorized. Authorized by the ing mill or plant is satisfactorily located sity greater than approximately 20 Chief of the Branch. geographically, is equipped with all nec­ pounds and less than approximately 28 (y) Chief of the Branch. The Chief essary safeguards, and is apparently in pounds per cubic foot. of the Plant Quarantine Branch, or any a position to fulfill all precautionary con­ (k) Compressed to high density. Com­ officer of employee of the Branch to ditions to which it may agree. Upon pressed or pressed and baled or packaged Whom authority has heretofore been determination by the inspector that to a density of approximately 28 or more delegated or may hereafter be delegated these qualifications are fulfilled, the pounds per cubic foot. to act in his stead. owner or operator of the mill or plant (l) Contamination (contaminate). (z) Branch. The Plant Quarantine may sign an agreement specifying that Containing or bearing whole Cottonseed Branch, Agricultural Research Service, the required precautionary conditions or seed cotton or other material which of the United States Department of will be maintained. Such signed agree- may carry the pink bollworm, the golden Agriculture. meift will be a necessary requisite to the nematode of potatoes, the flag smut dis­ (aa) Inspector. Any person author­ release at the port of entry of any im­ ease, or-other injurious plant diseases or ized by the Secretary of Agriculture to ported lint, linters, waste, or covers for insect pests. (The verb contaminate enforce the provisions of the Plant forwarding to and utilization at such mill shall be construed accordingly.) Quarantine Act. or plant in lieu of vacuum fumigation or (m) Samples. Samples of lint, linters, (bb) Person. Any individual, firm, other treatment otherwise required by waste, cottonseed cake, and cottonseed corporation, company, society, or asso­ this subpart. Permits for the importa­ meal, of the amount and character usu­ ciation, or any organized group of any of tion of such materials will be issued in ally required for trade purposes. the foregoing. accordance with paragraph (a) of this (n) United States. Any of the States, (cc) Root crop. The underground crop section. the District of Columbia, Alaska, Hawaii, portions of any plants. (f) Permits for importation of any Puerto Rico, or the Virgin Islands of the cotton or covers are conditioned upon United States. CONDITIONS OP IMPORTATION AND ENTRY OP compliance with all requirements set . (o) North, northern. When used to COTTON AND COVERS forth therein and such additional re­ designate ports of arrival, these terms § 319.8-2 Permit procedure, (a) Ex­ quirements in this subpart as are in mean the port of Norfolk, Virginia, ar>d cept as otherwise provided for in terms appHcable thereto. Failure to all Atlantic Coast ports north thereof. §§ 319.8-10 and 319.8-18, permits .«than comply with any such requirement wiH Ports along the Canadian border, be obtained for importations into the be deemed to invalidate the permit. Pacific Coast ports in the States of United States of all cotton and covers. Permits may also be canceHed or may be Washington and Oregon. When used in Permits will be issued only for cotton and refused as provided in § 319.8-3, or a geographic sense to designate areas or covers authorized entry under §§ 319.8-6 entry denied as provided in §§ 319.8-11 locations, these terms mean any State in tiirough 319.8—20.* Persons desiring to 319.8-12, and 319.8-13. which cotton is not grown commercially. import cotton or covers under §§ 319.8-6 (g) If through no fault of the im­ However when cotton is grown commer­ through 319.8-20 shall, in advance of de­ porter a shipment of cotton or covers cially in certain portions of a State, as parture of such material from a foreign arrives at a United States port in ad­ 15 case in Illinois, Kansas, and Mis-! port, submit to the Branch an applica­ vance of the issuance of a permit, it may souri, these terms include those portions tion 1 stating the name and address of be held, under suitable safeguards pre­ State as may be determined by the importer, the country from which scribed by the inspector at the port, in tne Chief of the Branch as remote from such material is to be imported, and the Customs custody at the risk of the im­ >*he main area of cotton production. kind of cotton or covers it is desired to porter, pending issuance of a permit, for (p) Contiguous areas of Mexico. The import. Applications to import cotton­ a period not exceeding 20 days. cotton-producing areas of Mexico con- seed shall state the approximate quan­ § 319.8-3 Refusal and cancellation of fignous to cotton-producing areas in tity and the proposed United States port permits, (a) Permits for the importa­ Qoat Part of the United States designated of entry. Applications to import lint, tion of lint, linters, and waste from con­ as the regulated area in Federal pink linters, or waste shall state whether such tiguous areas of Mexico as authorized in ooiiworm regulations (§ 301.52-2 of this materials are compressed. Chapter, as amended). § 319.8-11 may be refused and existing (b) Applications to import lint, lint­ permits canceHed by the Chief of the (q) West Coast of Mexico. The State ers, or waste at a port * other than one Branch or the inspector (1) if, in the i Sinaloa, the State of Sonora (except opinion of the Chief of the Branch, effec­ ihat part of the Imperial Valley lying 1A list of approved mills and plants may tive quarantine measures are not main­ oetween San Luis Mesa and the Colorado be obtained from the Plant Quarantine Branch, Room 406, U. S. Appraisers Stores, tained by the duly authorized officials ver), and the Southern Territory of 408 Atlantic Ave., Boston 10, Mass. of Mexico to prohibit the movement into •Baja California, in Mexico. •Applications for permits should be made such contiguous areas of cotton and T Imperial Valley of Mexico. The to Import and Permit Unit, Plant Quarantine covers grown or handled in other parts Impenal Valley in the State of Baja Branch, 209 River Street, Hoboken, N. J. of Mexico infested by the pink boUworm •Including ports in Hawaii, Puerto Rico, '-ahforma, Mexico, and that portion of or in countries other than the United and the Virgin Islands of the United States. States, or (2) if the Unt, linters, and 8662 RULES AND REGULATIONS § 319.8-6 Cottonseed cake and cot­ road cars, trucks, or other carriers used waste have not been produced in the in transporting the material to the mill contiguous areas and handled under tonseed meal. Entry of cottonseed cake and cottonseed meal will be authorized or plant; sanitary conditions paralleling those re­ (iii) Inspectors of the Branch will quired by § 301.52—1 et seq. of this chap­ through any port at which the services of an inspector are available, subject to have access to the mill or plant at any ter, as amended, for like products origi­ reasonable time to observe the methods nating in parts of the United States examination by an inspector for freedom from contamination. If found to be free of handling the material,* the disposal of designated in § 301.52—2 of this chapter, refuse, residues, waste, and covers, and as amended, as coming within the pink of contamination, importations of such cottonseed cake and cottonseed meal will otherwise to chçck compliance with the bollworm regulated area. terms of the agreement; (b) Permits for the importation ofbe released from further plant quaran­ tine entry restrictions. I f found to bè (iv) Such reports of the receipt and lint and linters from the West Coast of utilization of the material, and disposal Mexico as authorized in § 319.8-12 may contaminated such importations will be refused entry or subjected as a condition of waste therefrom as may be required by be refused and existing permits cancelled the inspector will be submitted to him by the Chief of the Branch or the in­ of entry to such safeguards as the in­ spector may prescribe, according to a promptly; spector (1) if, in the opinion of the Chief (v) Such other requirements as may of the Branch, effective quarantine method selected by him from adminis- stratively authorized procedures known be necessary in the opinion of the Chief measures are not maintained by the of the Branch to assure retention of the duly authorized officials of Mexico to to be effective under the conditions under which the safeguards are applied. material, including all wastes and resi­ prohibit the movement into the West dues, at the mill or plant and its proc­ Coast of Mexico of cotton and covers § 319.8-7 Processed lint, linters, and essing, utilization or disposal in a manner grown or handled in other parts of waste. Entry of lint, linters, and waste that will eliminate all pest risk, will be Mexico infested with the pink bollworm will be authorized without treatment but complied with. or in countries other than the United upon compliance ,with other applicable (3) Failure to comply with any of the States, or (2) if it has been determined requirements of this subpart when the conditions of an agreement specified in by the Branch that the pink bollworm inspector can determine that such lint, subparagraph (2) of this paragraph may exists in the area comprising the West linters, and waste have been so processed be cause foi* immediate cancellation of Coast of Mexico. by bleaching, dyeing, or other means, as the agreement by the inspector and re­ (c) Permits for the importation ofto have removed all cottonseed or to have fusal to release, without vacuum fumi­ cotton and covers from the Imperial destroyed all insect life. gation, lint, linters, and waste for trans­ Valley of Mexico as authorized in § 319.8- § 319.8-8 Lint, linters, and waste— portation to the mill or plant. 13 may be refused and existing permits (a) Compressed to high density. (1) (4) Agreements specified in subpara­ cancelled by the Chief of the Branch or (i) Entry of lint, linters, and waste, graph (2) of this paragraph may be ex­ the inspector (1) if, in the opinion of the compressed to high density, will be au­ ecuted only with owners or operators of Chief of the Branch, effective quarantine thorized subject to vacuum fumigation mills or plants located in States in which measures are not maintained by the duly by approved methods at any port where cotton is not grown commercially and at authorized officials of Mexico to prohibit approved fumigation facilities are avail­ locations in such other States as may be the movement into the State of Baja administratively designated by the Chief California, Mexico, of cotton and covers able. ' . (ii) Importations of such lint, linters, of the Branch after due consideration of grown or handled in other parts of possible pest risk involved and the prox­ Mexico or in countries other than the and waste, arriving at a northern port where there are no approved fumiga­ imity of growing cotton. United States, (2) if it has been deter­ tion facilities may be entered for trans­ (b) Uncompressed or compressed. (1) mined by the Branch that the pink boll­ (i) Entry of uncompressed or compressed worm exists in the Imperial Valley of portation in bond to another northern port where such facilities are available, lint, linters, and waste will be authorized, Mexico, or elsewhere in the State of Baja subject to vacuum fumigation by ap­ California, or (3) if cottonseed is moved for the required vacuum fumigation. (iii) importations of such lint, linters, proved methods, through any northern to the Southern Territory of Baja Cali­ port, through any port in the State of fornia from areas of Mexico infested and waste, arriving at a port in the State of California where there are no ap­ California, and through any port on the with the pink bollworm or from coun­ Mexican Border, where approved fumi­ tries other than the United States, or proved fumigation facilities may be gation facilities are available. other pest hazards are discovered or entered (a) for immediate transporta­ tion in bond by all-water route to a port (ii) Importations of such lint, linters, allowed to develop therein or in the State and waste arriving at a northern port of Baja California which in the opinion where approved fumigation facilities are available, there to receive the required where there are no approved fumigation 6f the Chief of the Branch would in­ facilities may be entered for immediate crease the risk of pest introduction into vacuum fumigation before release, or (b) for immediate transportation in bond by transportation in bond to another the United States by importations under northern port where such facilities are § 319.8-13. all-water route to a northern port for entry, without fumigation, for utilization available, for the required vacuum fumi­ § 319.8-4 Notice of arrival. Imme­ as provided for in subparagraph (2) of gation. . . . diately upon arrival at a port of entry of this paragraph. (iii) Importation of such lint, linters, any shipment of cotton or covers the im­ (2) Entry of lint, linters, and waste and waste arriving at a port in the State porter shall submit in duplicate, through compressed to high density, will be au­ of California where there are no ap­ the United States Collector of Customs thorized without vacuum fumigation at proved fumigation facilities may be en­ and for the United States Department of any northern port, subject to movement tered (a) for immediate transportation Agriculture, a notice of such arrival, on a to an approved mill or plant, the owner in bond by all-water route to any port form provided for that purpose (Form or operator of which has executed an in California or any northern port where PQ-368) and shall give such information agreement with the" Branch to the effect approved fumigation facilities are avail­ as is called for by that form. that, In consideration of the waiving of able, there to receive the required vac­ § 319.8-5 Marking of containers. vacuum fumigation as a condition of uum fumigation before release, or (b) Every bale or other container of lint, entry and the substitution of approved if compressed below high density, or i linters, waste, or covers imported or utilization therefor: uncompressed waste derived from cotton (i) The lint, linters, and waste so en­ offered for entry shall be plainly marked milled'in a non-cotton-producing coun­ tered will be processed or manufactured try,1 for immediate transportation m with a bale number or other mark to at the mill or plant and until so used will distinguish it from other bales or con­ be retained thereat, unless written au­ tainers. Bales of lint and linters from *For the purposes of this aubpart . thority is granted by the Branch to move following countries are considered as contiguous areas of Mexico, the West the material to another mill or plant: cotton-producing countries: Austria, Coast of Mexico, and the Imperial Valley (ii) Sanitary measures satisfactory to gium r Canada, Denmark, Eire, F g » ’ of Mexico shall, in addition, be tagged the Branch will be taken with respect to France, Germany, Great Britain ( or otherwise marked to show the gin or the collection and disposal of any waste, Kingdom), Iceland, Uechtenstein. Luxem mill of origin, unless for immediate residues, and covers, including the col­ bourg, Netherlands, Norway, Portugal, Sw den and Switzerland. export. lection and disposal of refuse from rail­ Thursday, November 24, 1955 FEDERAL REGISTER 8663 bond by all-water route to a northern present a risk of carrying live pink boll- (f) If upon their arrival at a port of port for entry without vacuum fumiga­ worms, golden ematode cysts or flag tion for utilization as provided for in smut spores. entry covers are classified by the inspec­ tor as coming within more than one paragraph (a) (2) of this section. (c) Bags, slit bags, parts of bags, and (2) Entry without vacuum fumigation paragraph of this section, they will be other covers which have been used as authorized entry only upon compliance will be authorized for compressed lint-, containers for root crops or are of a linters, and waste and for uncompressed with such requirements of the applicable kind ordinarily used as containers for paragraphs as the inspector may deem waste derived from cotton milled in non­ root crops may be authorized entry cotton-producing countries,4 arriving at necessary to prevent the introduction of subject to immediate treatment in such plant diseases and insect pests. a northern port, subject to movement to manner and according to such method an approved mill or plant, the owner or (g) Notwithstanding the provisions of as the inspector may select from ad­ any other paragraph o f this section the operator of which has executed an agree­ ministratively authorized procedures ment with the Branch as provided for entry from any country of bags, slit known to be effective under the condi­ bags, parts of bags, and other covers will in paragraph (a) (2) of this section. tions under which the treatment is ap­ plied, and subject to any additional safe­ be authorized without treatment but § 319.8-9 Hull fiber and gin trash. upon compliance with other applicable (a) Entry of hull fiber will be authorized guard measures that may be prescribed sections of this subpart if the inspector by the inspector pursuant to § 319.8-24, under the same conditions as are ap­ finds that they have obviously not been or that he may prescribe in regard to' plicable to waste under this subpart. used in a manner that would contami­ (b) Entry of gin trash will be author­. the manner of discharge from the car­ rier and conveyance to the place Qf nate them or when in the inspector’s ized under the same conditions as are opinion there is otherwise no plant pest applicable to either seed cotton or cot­ treatment; Provided, That such covers risk associated with their entry. tonseed under this subpart. may be authorized entry from Canada without treatment as prescribed in this OTHER CONDITIONS APPLICABLE TO COTTON §319.8-10 Covers, (a) Covers, in­ paragraph unless the covers are found AND COVERS FROM MEXICO cluding bags, slit bags, and parts of bags, to be contaminated. §319.8-11 From contiguous areas of which have been used as containers for (d) Bags, slit bags, parts of bags, and cotton grown or processed in countries Mexico— (a) Lint, linters, and waste. other covers that have been used as con­ (1) Contingent upon the continued other than the United States may be tainers for wheat or wheat products that authorized entry either (1) through maintenance by the duly authorized have not been so processed as to have Mexican officials of effective quarantine northern ports or ports in the State of destroyed all flag smut disease spores, or California, subject to vacuum fumiga­ measures to prohibit the movement into that have been used as containers for contiguous areas of Mexico of cptton and tion by an approved method at a north­ field seeds separated from wheat during ern port or a, California port, or without covers grown or handled in other parts of the process of screening, and which ar­ Mexico infested with the pink bollworm vacuum fumigation when the covers are rive from a country named in § 319.59 moved for utilization to an approved or in countries other than the United (notice of quarantine No. 59 relating to States, the entry of lint, linters, and mill or plant the owner or operator of the flag smut disease) ,s if intended for which has executed an appropriate waste that have been certified by an reuse in this country as grain containers inspector as having been produced in agreement with the Branch similar to may be authorized entry, subject to im­ that described in § 319.8-8 (a) (2), pro­ the contiguous areas of Mexico and as mediate treatment at the port of arrival. having been grown and handled under vided that movement by an all-water I f such covers are not intended to be route will be required when it is neces­ sanitary conditions paralleling those re­ reused in this country as grain containers quired for like products originating in sary to move such covers from a Cali­ their entry may be authorized subject to fornia port to another California port adjacent parts of the United States movement for utilization to an approved designated as within the pink bollworm or to a northern port for vacuum fumi­ mill or plant the owner or operator of gation therea,t or for forwarding there­ regulated area in § 301.52-2 of this which has executed an appropriate chapter, as amended, will "be authorized from to a mill or plant for utilization; agreement with the Branch similar to or (2) through Mexican Border ports through ports on the Mexican Border that described in § 319.8-8 (a) (2). Cov­ named in the permits for movement into named in the permits, for vacuum fumi­ ers coming within this paragraph only, gation by approved methods in parts of such regulated area of the United States. may be entered without permit other Gin and oil mill wastes from ‘the con­ the United States within the pink boll- than the authorization provided in this w or^regulated area designated in tiguous areas of Mexico may be similarly paragraph and without other restriction authorized entry subject to treatment, im?1'52-2 of this chapter, as amended, under this Subpart upon presentation to wnen such covers arrive at a port * other under supervision of an inspector, ac­ than a northern, California or Mexican an inspector of satisfactory evidence cording to procedures administratively order port they will be required to be that they have been used only for grains approved under § 301.52 et seq. of this transported therefrom immediately, in exported from the United States and are chapter, as amended, as a prerequisite oond by an all-water route, to a north- being returned empty without use abroad for movement out of the area regulated ern or California port where approved and that while abroad they have been on account of pink bollworm. Such lint, linters, and waste must be in covers vacuum fumigation facilities are avail- handled in a manner to prevent their awe, for vacuum fumigation thereat by free of contamination to the satisfaction contamination. of the inspector. Upon arrival at such the approved method or forwarding (e) When upon arrival at a port ofports, the lint, linters, and waste meet­ *° an approved mill or plant entry any shipment of bags, slit bags, ing the requirements of this section will *tlon: Provided, That such for- parts of bags, or other covers, is found be released from further plant quaran­ fi;om a northern port to a Cali- to include one or more bales containing tine entry restrictions and will immedi­ W™ S ° r P ‘ by an aB- material the importation of which is ately become subject to the requirements regulated by paragraph (a ), (c), or (d) of said § 301.52 et seq., applicable to like J l t merican cotton bagging, com- of this section, the entire shipment, or products originating in the pink boll­ haSh L i? ° Wi\ as coarse gunny, which worm regulated area. any portion thereof, may be required by or us! d t0 cover only cotton grown (2) If the chief of the Branch or the the inspector, to be treated as specified be «ntheSSed in the United States, may inspector finds that effective quarantines Derm^h0nz^ entry at any port under in the applicable paragraph. are not so maintained by Mexican offi­ «siio ?nd upon compliance with cials, or if an inspector is unable to 2t1;9'8-4 and 319&~5- without fumi- 5 The countries named in § 319.59, the Flag certify lint, linters, or waste as specified Smut Disease Quarantine, are Aden Protecto­ ° ther treatment. Marking rate, Afganistán, Australia, Bulgaria, Caucasus in subparagraph (1) of this paragraph, fa h rS ? the finer burlaps or other (including but not limited to Azerbaidzhán, entry will be refused under this section baP£nr.c»W^ en attached to bales of such South Russia, and Transcaucasia), Chile, and will only be authorized in accordance iurifmg fnay be disregarded if, in the China, Cypress, Egypt, Germany, Greece, In ­ with § 319.8-7, § 319.8-8, § 319.8-14 gment of the inspector, they do not dia, Iran, Iraq, Israel, Italy, Japan, Nether­ § 319.8—16, § 319.8—17, § 319.8—18, or lands, Oman, Pakistan, Palestine, Portugal, § 319.8-20. * See footnote 3 on p. 8661. Saudi Arabia, Sinai Peninsula, Spain, Syria (b) Cottonseed and cottonseed hulls. oee footnoted on p. 8662. Trans-Jordan, Tunisia, Turkestan, Turkey, (1) Entry of cottonseed will be author­ Union of South Africa, and Yemen. ized at any port on the Mexican Border 8664 RULES AND REGULATIONS MISCELLANEOUS PROVISIONS when certified by an inspector as having § 319.8-13 From Imperial Valley, been produced in a contiguous area of Mexico. Contingent upon the continued § 319.8-16 Importation into United Mexico, as having been treated by a maintenance by the duly authorized States of cotton and covers exported method satisfactory to the Chief of the Mexican officials of effective quarantine therefrom. (a) Cotton and covers Branch, and as having been subsequently measures to prohibit the movement into grown, produced, or handled in the handled so as to prevent risk of intro­ the State of Baja California, Mexico, of United States and exported therefrom, ducing live pink bollworms and other cotton and covers grown or handled in and in the original bales or other con­ injurious insects and plant diseases. other parts of Mexico or in countries tainers in which such material was ex­ (2) Entry of cottonseed hulls will be other than the United States, and upon ported therefrom, may be imported into authorized at any port on the Mexican continued freedom of the Imperial Valley the United States at any port under per­ Border when certified by an inspector as of Mexico and other parts of the State mit, without vacuum fumigation or having been produced.from seed that was of Baja California from infestation with other treatment or restriction as to utili­ treated in a contiguous area of Mexico the pink bollworm, and upon the absence zation, upon compliance with §§ 319.8-2, by a method satisfactory to the Chief of of conditions in the Southern Territory 319.8-4, and 319.8-5, and upon the sub­ the Branch, and as having been subse­ of Baja California and the State of Baja mission of evidence satisfactory to the in­ quently handled so as to prevent risk of California that would increase the risk spector that such material was grown, introducing live pink bollworms and of pest introduction into the United produced, or handled in the United States other injurious insects and plant diseases. States by importations under this sec­ and does not constitute a risk of intro­ (3) Upon arrival in the United States tion, the entry of cotton and covers ducing the pink bollworm into the United such cottonseed and cottonseed hulls originating in the Imperial Valley of States. shall be released from further plant Mexico will be authorized through such (b) Cotton and covers of foreign ori­ quarantine entry restrictions and shall ports on the Mexican Border as are gin imported into the United States in immediately become subject to the re­ specified in the permits. I f the Chief of accordance with this subpart and ex­ quirements of § 301.52 et seq. of this the Branch or the inspector determines ported therefrom, when in the original chapter, as amended, applicable to cot­ that any of these contingencies is not bales or other original containers, may tonseed and cottonseed hulls originating met, entry will be refused under this be reimported into the United States in the pink bollworm regulated area. section and will only be authorized in under the conditions specified in para­ accordance with 319.8-6 through graph (a) of this section. - § 319.8-12 From West Coast of Mex­ 319.8- 10, 319.8-14, or 319.8-16 through § 319.8-17 Importation for exporta­ ico— (a) Compressed lint and linters. 319.8- 20. Contingent (1) upon the continued tion, and importation for transportation maintenance by the duly authorized § 319.8-14 Special authorization for and exportation; storage, (a) Importa­ Mexican officials of effective quarantine lint, linters, and waste from Mexico. tion of cotton and covers for exportation, measures to prohibit the movement into (a) Compressed lint, linters, and waste or for transportation and exportation, in the West Coast of Mexico of cotton and originating in Mexico may be entered accordance with this subpart shall also covers grown or handled in parts of Mex­ under a permit at ports on the Mexican be subject to §§ 352.1 through 352.8 of ico infested with the,pink bollworm or in Border named in the permits, for move­ this chapter, as amended. countries other than the United States, ment via rail, over specified routes if re­ (b) Importation at northern ports of and (2) upon continued freedom of this quired by the inspector, to (1) New Or­ unfumigated lint, linters, waste, cotton­ area from infestation with the pink boll­ leans, Louisiana, for vacuum fumigation seed cake, cottonseed meal, and covers worm, the entry of lint and linters that or immediate exportation, (2) an ap­ used only for cotton, for exportation or are compressed and that originate in the proved mill or plant in the north, or for transportation and exportation West Coast of Mexico will be authorized other designated plant for manufacture through another northern port, may be through such ports as are specified in the into cellulose, if the owner or operator authorized by the inspector under per­ permits. I f the Chief of the Branch or of such mill or plant has executed an mit if, in his judgment, such procedures the inspector determines that either of agreement with the Branch as provided can be authorized without risk of intro­ these contingencies is not met, entry will in § 319.8-8 (a) (2) , or (3) northern ducing the pink bollworm. be refused under this paragraph and will ports for vacuum fumigation or exporta­ (c) Importation, for purposes of stor­ only be authorized in accordance with tion. age in Customs custody pending expor­ §§ 319.8-7, 319.8-8,. 319.8-14, 319.8-16, (b ) Uncompressed lint, linters, and tation, of lint, linters, and waste, 319.8-17, 319.8-18, or 319.8-20. waste originating in Mexico will be au­ compressed to high, density, will be au­ (b) Uncompressed lint and linters. thorized entry at Mexican Border ports thorized under permit at any port where Uncompressed lint and linters from the specified in the permits (1) for move­ approved fumigation facilities are avail­ West Coast of Mexico in coders free of ment to Fabens, Texas, for vacuum able, and where there are inspectors at contamination to the satisfaction of the fumigation, after which they will be the port to supervise such storage, if the inspector may be entered for immediate released from further plant quarantine bales of such material are free of surface transportation in bond to a port desig­ entry restrictions and will immediately contamination, if they are kept segre­ nated by the inspector and by a route become subject to the requirements of gated from other cotton and covers in a selected by him from a list of admin­ § 301.52 et seq. of this chapter, as manner satisfactory to the inspector, istratively approved ports and routings amended, applicable to like products and if waste is collected and disposed of available to him, for compression, originating in the pink bollworm regu­ in a manner satisfactory to the inspector. vacuum fumigation, or immediate expor­ lated area, or (2) for compression at (d) Except as provided in § 319.8-23 tation, or such material may be entered designated places located in parts of the (a) (4), compressed lint, linters, and for movement to an approved mill or United States designated as within the waste, uncompressed waste derived from plant, the owner or operator of which pink bollworm regulated area in §301.- cotton milled in a non-cotton-producing has executed an agreement with the 52-2 of this chapter, as amended, after country,4 and covers, arriving at a port Branch similar to that described in which such lint, linters, and waste shall in the north for entry for exportation, §319.8-8 (a) (2). be moved under the same conditions as vacuum fumigation, or utilization in ac­ (c) Treated linters and cottonseed described in paragraph (a) of this sec­ cordance with the requirements in this hulls. Linters and cottonseed hulls tion. subpart, may be allowed movement m originating in the West Coast of Mexico (c) All such lint, linters, and waste Customs custody for storage at a point m that have been certified by an inspector enterable under this section must be in the north pending such exportation, or as having been produced from cotton­ covers free from uncrushed cottonseed movement to an approved mill or plant to the satisfaction of the inspector. seed that was treated in the West Coast for vacuum fumigation or utilization, of Mexico by a method satisfactory to § 319.8-15 Mexican cotton and covers when there are inspectors available o the Chief of the Branch and as having otherwise enterable. Cotton and covers supervise such storage, if the bales are been subsequently protected .from con- from Mexico may also be entered in ac­ free of surface contamination, if they taminatioh may be entered through cordance with § § 319.8-6 through are* kept segregated from other cotto Nogales, Arizona, and such other ports 319.8-10 and 319.8-16 through 319.8-20 * See footnote 4 on p. 8662. as are specified in the permits. insofar as said sections are applicable. Thursday, November 24, 1955 FEDERAL REGISTER 8665 and covers in a manner satisfactory to § 319.8-21 Release of cotton and the inspector, and if waste is collected covers after 18 months’ storage. Cotton against risk of pest dispersal to clean railway cars, lighters, trucks, and other and disposed of in a manner satisfactory and covers, the entry of which has been to thé inspector. Such lint, linters, authorized subject to vacuum fumiga­ vehicles and vessels used for transport­ waste, and covers shall remain under ing such cotton or covers, or to clean tion or other treatment because of the Customs custody until released by the pink boll worm only, and which have not Piers, warehouses, fumigation plants inspector. mills, or other premises used in connec­ received such treatment but have been (e) Importation of lint, linters, and tion with importation of such cotton or stored for a period of 18 months or more waste from Mexico for transportation covers, the importer or his agent shall will be released from further plant quar­ and exportation will be authorized under antine entry restrictions. perform such cleaning, in a manner permit if such material is compressed be­ satisfactory to the inspector. fore, or immediately upon entering into § 319.8-22 Ports of entry or export. (c) AH costs incident to such collec­ the United States, or is compressed while When ports of entry or export are not tion, disposal, and cleaning other than en route to the port of export at a com­ specifically designated in this subpart the services of the inspector during his press specifically authorized in the per­ but are left to the judgment of the in­ regular tour of duty and at. the usual mit. The ports of export which may be spector, the inspector shall designate place of duty, shall be borne by the im­ named in the permit shall be limited to only such ports as have been admin­ porter or his agent. those that have been administratively istratively approved for such entry or approved for such exportation. Storage export. § 319.8—25 Costs and charges. The of such compressed cotton may be au­ services of the inspector during regularly §319.8-23 Treatment, (a) (1) Vac­ thorized, in approved bonded warehouses assigned hours of duty and at the usual in Texas. uum fumigation as required in this places of duty shall be furnished without subpart shall consist of fumigation, in a (f ) Importation of uncompressed lint, cost to the importer. The Branch will linters, and waste from Mexico will be vacuum fumigation plant approved by not assume responsibility for any costs the Chief of the Branch, under the su­ authorized under permit at Brownsville, or charges, other than those indicated Texas, for exportation. Importation of pervision of an inspectors and to his m this section, in connection with the satisfaction. Continued approval of the such material may also be authorized entry, inspection, treatment, condition­ at such other ports and under such con­ plant will be contingent upon the grant­ ing, storage, forwarding, or any other ing by the operator thereof, to the in­ ditions as may be designated in the per­ operation of any character incidental to spector, of access to all parts of the the physical entry of an importation of a mits for transportation to and exporta­ restricted material. tion from the designated ports. plant at all reasonable hours for the purpose of supervising sanitary and § 319.8-18 Samples, (a) Samples of § 319.8-26 Material refused entry. other operating conditions, checking the Any material refused entry for noncom­ lint, linters, waste, cottonseed cake, and efficacy of the apparatus and chemical pliance with the requirements of this cottonseed meal may be entered without operations, and determining that wast­ further permit other than the authori­ subpart .shall be promptly removed from age has been cleaned up and disposed of the United States or abandoned by the zation contained in this section, but sub­ in a manner satisfactory to the inspec­ ject to inspection and such treatment importer for destruction, and pending tor; and upon the maintenance at the such action shall be subject to the im­ as the inspector may deem necessary. plant of conditions satisfactory to the Samples which represent either such inspector. mediate application of such safeguards against escape of plant pests as the in­ products of United States origin or such (2) After cotton and covers have been products imported into the United States spector may prescribe, i f such material vacuum fumigated they shall be so is not promptly safeguarded by the im­ in accordance with the requirements of marked under the supervision of an in­ tins subpart, and which were exported porter, removed from the United States spector. Such material may thereafter or abandoned for destruction to the satis­ from the United States, may be entered be distributed, forwarded, or shipped into the United States without inspec­ faction of the inspector it may be seized, without further plant quarantine entry destroyed, or otherwise disposed of in tion when the inspector is satisfied as to restriction. the identity of the samples. accordance with section 10 of the Plant (3) Cotton and covers held by an im­ Quarantine Act(7 U. S. C. 164a). Neither (b) Samples of cottonseed or seed porter for vacuum fumigation must be cotton may be entered subject to the the Department of Agriculture nor the stored under conditions satisfactory to inspector will be responsible for any and requirements provided in the inspector. costs accruing for demurrage, shipping §§ 319.8-2, 319.8-4, and 319.8-19. (4) Prompt vacuum fumigation of (c) Bales or other containers of cot­ charges, cartage, labor, chemicals, or cotton and covers (other than high other expenses incidental to the safe­ ton shall not be broken or opened for density cotton free of surface contami­ sampling and samples shall not be guarding or disposal of material refused nation) will be required at non-northern entry by the inspector, nor will the De­ rf.wn until the inspector has so author- ports. Similar prompt vacuum fumiga­ partment of Agriculture or the inspector and has Prescribed the conditions tion will be required at Norfolk, Virginia assume responsibility for the value of sammfffeifUnr? s under which such during the period June 15 to October 15 material destroyed. samples shall be obtained. of each year, except for covers which § 319.8-27 Applicability of Mexican § 319.8-19 Cottonseed or seed cotton have been used to contain only lint linters, or waste, and the bales of which Border Regulations. The provisions in v L Î XpeI imental or scientific purposes. are compressed to a density of 28 or this subpart in no way affect the appli­ nrcL? sma11 Quantities of cottonseed more pounds per cubic foot and are free cability of Part 320 of this chapter, as scipntS? cotton for experimental or amended, the Mexican Border Regula­ Purposes may be authorized of surface contamination. (b) An inspector may authorize the tions, to the entry from Mexico of rail­ s?ch ports M may be named in substitution of processing, utilization, or way cars or other vehicles or materials. peciaiP e c S conditions ^ A ^ ShaU as be shall sub* be < *set to fosuch rth other form of treatment for vacuum This document modifies some of the fumigation when in his opinion such requirements of the regulations for entry guards provide adequate safe­ guards against pest entry. ' other treatment, selected by him from of cotton, certain cotton products, and administratively authorized procedures, covers where experience with trade prac­ PartÀÎ'fï20* tnvortations by the De- will be effective in eliminating infestation tices and enforcement of the regulations Agriculture. Cotton and of the pink bollworm. have shown the desirability of changes to ment be P a r t e d by the Depart- § 319.8-24 Collection and disposal of accord with recognized hazards of pest scientiflp^i^Ulture for exPerimental or waste, (a) Importers shall handle im­ introduction. The principal modifica­ as mav . p u rposes under such conditions ported, unfumigated cotton and covers tion requires that in most instances im­ the^rannt pr

M innesota—Continued such bagging has previously been used I llinois for root crops produced on soil infested Ml counties. Le Sueur. Rock. Lincoln. Scott. with the golden nomatode, and because I ndiana of the present lack of knowledge con­ Lyon. Sherburne. cerning golden nematode distribution in All counties except Brown and Crawford. McLeod Sibley. Martin. Stearns. I owa foreign countries. Other changes are Meeker. Steele. made in the quarantine and regulations All counties. Morrison. Stevens for the sake of clarity. Mower. Swift. K ansas The fqregoing quarantine and regula­ Murray. Todd. tions shall be effective on and after De­ Anderson. Leavenworth. Nicollet. ■ Traverse. cember 26,1955, at which time they shall Atchison. Marshall. Nobles. Wabasha. supersede the subpart—Foreign Cotton Brown. Miami. Olmsted. Waseca. Washington. and Covers (7 CFR 1954 Supp. 319.8, Clay. Nemaha. Otter Tail. Cloud. Phillips. Pipestone. Watonwan. 319.8-1 et seq.) effective May 10, 1953 Doniphan. Pottawatomie. Pope. Wilkin. (18 F. R. 2015). Douglas. Republic. Redwood. Winona. Franklin. Riley. Renville. Wright. Done at Washington, D. C., this 18th Jackson. Shawnee. Rice. Yellow Medicine. day of November 1955. Jefferson. Smith. Jewell. Washington. Missouri [SEAL] M. R. C la r k s o n , Johnson. Acting Administrator, Adair. Lincoln. Agricultural Research Service. K entucky Andrew. Linn. Allen. Jefferson. Atchison. Livingston. [P. R. Doc. 55-9439; Piled, Nov. 23, 1955; Ballard. Larue. Audrain. Macon. 8:47 a. m.] Barren. Livingston. Bates. Marion. Boone. Logan. Benton. Mercer. Boyle. v Lyon. Bollinger. Mississippi. Breckenridge. Mason. Boone. Moniteau.. Bullitt McCracken. Buchanan. Monroe. Chapter VII— Commodity Stabilization Montgomery. Butler. McLean. Caldwell. Service (Farm Marketing Quotas Caldwell. Marion. Callaway. New Madrid. ahd Acreage Allotments), Depart­ Calloway. Meade. Cape Girardeau. Nodaway. Carroll. Perry. . ment of Agriculture Carlisle. Monroe. Carroll. Nelson. Cass. Pettis. Chariton. Pike. P art 721— C orn Christian. Oldham. Crittenden. Shelby. Clark. * Platte. S ubpart— 1956 Simpson. Clay. Putnam. Daviess. Ralls. Edmonson. Spencer. Clinton. proclamation of com m ercial corn- Randolph. Fulton. Taylor. Cole. producing AREA Ray. Graves. Todd. Cooper. St. Charles. Grayson. Trigg. Daviess. § 721.701 Basis and purpose, (a) St. Clair. Hancock. Trimble. De Kalb. This document is issued to proclaim the Union. Dunklin. St. Louis. commercial corn-producing area for Hardin. Ste. Genevieve. Hart. Warreh. Franklin. 1956 pursuant to sections 301 (b) (4) Washington. Gentry. Saline. Henderson. Schuyler. and 327 of the Agricultural Adjustment Hickman. Webster. Grundy. Harrison. Scotland. Act'of 1938, as amended. Hopkins. Scott. (b) In making the determinations Henry. Maryland Holt. Shelby. contained in § 721.702, the corn acreage Stoddard. Queen Annes. Howard. estimates of the Agricultural Marketing Qaroline. Jackson. ► Sullivan. Carroll. Somerset. Vernon. Service (formerly Bureau of Agricul­ Talbot. Jefferson. Cecil. Johnson. Warren. tural Economics) and the statistics of Dorchester. Washington. the Bureau of the Census relating to Knox. Wayne. Frederick. Wicomico. Worth. numbers of farms and acreage of farm­ Worcester. Lafayette. Kent. Lewis. land were used, adjusted where neces­ Montgomery. Nebraska sary to reflect the difference in the defi­ Michigan nition of “farm” used by the Commodity Johnson. Stabilization Service and the Agricul­ Allegan. Lenawee. Adams. Livingston. Antelope. Kearney. tural Conservation Program Service Barry. Berrien. Macomb. Boone. Knox. from that of the Bureau of the Census. Branch. Mecosta. Boyd. Lancaster. It is hereby found and determined that Calhoun. Midland. Buffalo. Lincoln. the statistics of the Agricultural Market­ Cass. Monroe. Burt. Madison. ing Service (formerly Bureau of Agricul­ Clinton. Montcalm. Butler. Merrick. Eaton. Oakland. Cass. Nance. tural Economics) and the Bureau of the Nemaha. Census, as so adjusted and supplemented Genesee. Saginaw. Cedar. Sanilac. Clay. Nuckolls. by Agricultural Conservation Program Gratiot. Hillsdale. St. Clair. Colfax. Otoe. Service data, constitute the latest and Ingham. St. Joseph. Cuming. Pawnee. most reliable statistics of the Federal Ionia. Shiawassee. Custer. Phelps. Government. Isabella. Tuscola. Dakota. . Pierce. Jackson. Van Buren. Dawson. . Platte. § 721.702 Commercial corn-produc­ Washtenaw. Dixon. Polk. Kalamazoo. Richardson. ing area for the year 1956. The com­ Kent. Wayne. Dodge. Lapeer. Douglas. Saline. mercial corn-producing area for the Fillmore. Sarpy. year 1956 comprises the following Minnesota Franklin. Saunders. counties: Douglas. Furnas. Seward. Anoka. Sherman. A labama * Faribault. Gage. Benton. Stanton. Big Stone. Fillmore. Garfield. De Kalb. Madison. Gosper. Thayer. Jackson. Marshall. Blue Earth. Freeborn. Thurston. Brown. Goodhue. Greeley. Arkansas Hall. Valley. Carver. Grant. Washington. Hennepin. Hamilton. Clay. Greene. Chippewa. Wayne. Houston. Harlan. Craighead. Chisago. Webster. Jackson, Holt. . Cottonwood. York. Delaware Dakota. Kandiyohi. Howard. Lac qui Parle. Jefferson. All counties. Dodge. Thursday, November 24, 1955 FEDERAL REGISTER 8667 New Jersey South Dakota—Continued Burlington. 1956, the 1956 Agricultural Conservation Mercer. McCook. Sanborn. . Cumberland. Salem. Miner. Program for Alaska, approved August 2 Gloucester. Tripp. Somerset. Minnehaha. 1955 (20 P. R. 5629), is amended as Hunterdon. - Turner. follows: , Warren. Moody. - Union. Nobth Carolina Roberts. Yankton. 1. Section 1104.540 is amended by re­ vising .the last sentence to read as fol­ Beaufort. Lenoir. T ennessee Bertie. lows: No assignment will be recognized Martin. Benton. • Lauderdale. unless it is made in writing on Form Camden. Nash. Cheatham. Chowan. Marion, ACP—69 and in accordance with the regu­ Northampton. Crockett. Montgomery. Craven. Onslow. Dyer. lations issued by the Secretary (Part 1110 Currituck. Obion. of this chapter).” Pasquotank. Franklin. Robertson. Duplin. Perquimans. Gibson. 2. Section 1104.555 (practice 5) is Edgecombe. Stewart. Pitt. Haywood. Tipton. amended by deleting the last sentence Gates. Sampson. Henry. Greene. Weakley. and substituting therefor the following* Washington. ‘‘To be eligible for land clearing, the Halifax. Wake. Virginia Hertford. Wayne. farmer must either own or be buying the Accomack. Northampton. farm, lease or rent the farm, or be home­ Johnston. Wilson. Charles City. Jones. Princess Anne. Isle of Wight. steading. i f he is homesteading, he must Southampton. have completed the requirements neces­ North Dakota Nansemond. Surry. Norfolk. Sussex. sary to prove up on the homestead except Richland. in Homer County.” West Virginia Ohio 3. Section 1104.557 (practice 7) is Berkeley, Jefferson. amended by deleting the last sentence Adams. Lorain. Allen. Lucas. Wisconsin and substituting therefor the following* Ashland, r Madison. “ To be eligible for a livestock well, thé Adams« Lafayette. Auglaize. Marion. farmer must either own or be buying the Buffalo. Marquette. Brown. Medina. Columbia. Milwaukee. farm, lease or rent the farm, or be home­ Butler. Mercer. Crawford. Monroe. steading. I f he is homesteading, he must Champaign. Miami. Dane. Clark. Pepin. have completed the requirements neces­ Montgomery. Dodge. Pierce. sary to prove up on the homestead except Clermont. Morgan. Dunn. Clinton. Polk. in Homer County.” Morrow. Eau Claire. Racine. Coshocton. Muskingum. Pond du Lac. (Sec. 4, 49 Stat. 164; 16 U. S; C. 590d. Inter­ Crawford. Richland. Ottawa. Grant. Rock. pret or apply secs. 7-17, 49 Stat. 1148, as Darke. Paulding. Green. amended, 69 Stat. 55; 16 U. S. C. 590g-590q) Defiance. St. Croix. Perry. Green Lake. Sauk. Delaware. Pickaway. Iowa. Done at Washington, D. C., this 21st Erie. Trempealeau. Pike. Jackson. day of November 1955. Fairfield. Vernon. Preble. Jefferson. Walworth. Fayette. Putnam. Juneau. [ seal] e . L. P eterson, Franklin. Waukesha. Richland. Kenosha. Waushara. Assistant Secretary of Agriculture. Fulton. Ross. La Crosse. Winnebago. Green. Sandusky. [P. R. Doc. 55-9457; Piled, Nov. 23, 1955; Hamilton. Scioto. (Sec. 375, 52 Stat. 66, as amended; 7 U. S. C. 8:19 a. m.] Hancock. Seneca. 1375. Interprets or applies secs. 301, 327, 52 Hardin. Shelby. * Stat. 38, 51, as amended; 7 U. S. C. 1301 Henry. Stark. 1327) TITLE 19— CUSTOMS DUTIES Highland. Tuscarawas. Hocking. Union. Done at Washington, D. C., this 18th Chapter I— Bureau of Customs, day of November 1955. Holmes. Van Wert. Department of the Treasury Huron. | Vinton. [ seal] T rue D. M orse, Jackson. Warren. [T. D. 53953] Knox. Wayne. Acting Secretary. Lawrence. Williams. [P. R. Doc. 55-9442; Piled, Nov. 23, 1955; P art 12—Special C lasses of Licking. Wood. 8:50 a. m.] M erchandise Logan. Wyandot. P art 14— A ppraisement Pennsylvania P art 16—L iq u id a t io n of D u tie s Adams. Lancaster. Berks. Lebanon. Chapter XI— Agricultural Conserva* PRACTICES IN IMPORT TRADE Blair. Lehigh. tion Program Service, Department Bucks. In order to clarify, simplify, and make Lycoming. of Agriculture more effective and uniform the admin­ Carbon. Mifflin. Centre, '.V'” Montgomery. [ACP-1956-Alaska, Supp. 1] istration of the provisions of law herein­ Chester. Montour. after specified, relating to certain prac­ Clinton. Northampton. P art 1104—A gricultural C onservation ; tices which may occur in import trade, Columbia. Northumberland. A laska the Customs Regulations are amended as Cumberland. Perry. S ubpart— 1956 follows: > Dauphin. Schuylkill. Franklin. 1. Sections 12.42 to 12.47, relating to Snyder. MISCELLANEOUS AMENDMENTS merchandise produced abroad by con­ Fulton. Union. Huntingdon. York. Assignments; clearing land to permit vict, forced, or indentured labor, are de­ Juniata. land-use adjustments needed in estab­ leted and the following new sections are lishing soil conserving cropping systems; substituted therefor: South Dakota constructing wells for livestock water to § 12.42 Findings of Commissioner of Aurora. Deuell. provide soil protection through the adop­ Beadle. Customs, (a) I f any appraiser or other Douglas. tion of livestock farming systems and in­ Don Homme. Grant. principal customs officer has reason to Brookings. Gregory. creased acreages of permanent vegetative believe that any class of merchandise Brule. cover. Hamlin. which is being, or is likely to be, im­ Charles Mix. Hanson. Pursuant to the authority vested in the Clark. * ported into the United states is being day. Hutchinson. Secretary of Agriculture under sections produced, whether by mining, manufac­ Jerauld. 7-17 of the Soil Conservation and Do­ Codington. Kingsbury. ture, or other means, in any foreign J^vison. mestic Allotment Act, as amended, and locality with the use of convict labor, Day. Lake. the Department of Agriculture and Farm Lincoln. forced labor, or indentured labor under Credit Administration Appropriation Act, penal sanctions so as to come within the 8668 RULES AND REGULATIONS Certificate of Origin purview of the first sentence of section the Commissioner of Customs, together X;______foreign seller or owner 307, Tariff Act of 1930,29 he shall com­ with all pçrtinent additional information of the merchandise hereinafter described, do municate his belief to the Commissioner available to the appraiser. (d) Upon receipt by the Commissioner solemnly swear (affirm) that such merchan­ of Customs. 'Every such communica­ dise, consisting o f ------•------tion shall contain or be accompanied by of Customs of any communication sub­ (Quantity) a statement of substantially the, same mitted pursuant to paragraph (a) or (b) of ______iu ------information as is required in paragraph of this section and found to comply with (Description) (b) of this section, if in the possession the requirements of the pertinent para- ______*_1------bearing of the appraiser or other officer or graph, the Commissoner will cause such (Number and kind of packages) the following marks and numbers readily available to him. investigation to be made as appears to be warranted by the circumstances of the ------was mined> Produced> or manufa<> (b) Any person outside the Customs tured by Service who has reason to believe that case and the Commissioner or his desig (Name) merchandise produced in the circum­ nated representative will consider any at or n e a r ______and was laden on stances mentioned in paragraph (a) of representations offered by foreign inter­ b o a r d ____*—'------this section is being, or is likely to be, ests, importers, domestic producers, or (Carrier to the United States) imported into the United States and, if other interested persons. a t ______._____!•______which departed from the production is with the use of forced (e) If the Commissioner 9f Customs (Place of lading) finds at any time that information avail­ labor or indentured labor under penal (Place of final departure from country of sanctions, that merchandise of the same able reasonably but not conclusively in­ exportation) class is being produced in the United dicates that merchandise within the o n ______; and th a t______« ____ States in such quantities as to meet the purview of section 307 is being, or is (Date) consumptive demands of the united likely to be, imported, he will promptly States may communicate his belief to advise all collectors of customs accord­ (Class of labor specified in finding) any appraiser or the Commissioner of ingly and the collectors shall thereupon was not employed in any stage of the mining, Customs. Every such communication withhold release of any such merchan­ production, or manufacture of the mer­ dise pending instructions from the Com­ chandise or of any component thereof. shall contain, or be accompanied by, (1) Dated______:------a full statement of the reasons for the missioner as to whether the merchan­ belief, (2) a detailed description or dise may be released otherwise than for (Signature) sample of the merchandise, and (3) all exportation. Subscribed and sworn to before me this pertinent facts obtainable as to the pro­ (f) If it is determined on the basis of ___ day of ______19—. duction of the merchandise abroad. If the foregoing that the merchandise is [ s e a l ] ------— the foreign merchandise is believed to be subject to the provisions of the said sec­ (T itle) tion 307, the Commissioner of Customs, mined, produced, or manufactured with (b) The importer shall also submit to the use of forced labor or indentured with the approval of the Secretary of the the Commissioner of Customs within labor under penal sanctions, such com­ Treasury, will publish a finding to that such 3-month period a statement of the munication shall also contain (4) de­ effect. ultimate consignee of the merchandise, tailed information as to the production (g) Any merchandise of a class speci­ showing in detail that he had made every and consumption of the particular class fied in a finding made under paragraph reasonable effort to determine the source of merchandise in the United States and (f) of this section, which is imported of the merchandise and of every compo­ the names and addresses of domestic directly or indirectly from the locality nent thereof and to ascertain the char­ producers likely to be interested in the specified in the finding and has not been acter of labor used^in the production of matter. released from customs custody before the merchandise and each of its compo­ (c) If any information filed with anthe date of publication of such finding nents, the^full results of his investiga­ appraiser pursuant to paragraph (b) of shall be considered and treated as an tion, and his belief with respect to the this section does not conform with the importation prohibited by section 307, use of the class of labor specified in the requirements of that paragraph, the Tariff Act of 1930, unless the importer finding in any stage of the production communication shall be returned establishes by satisfactory evidence that of the merchandise or of any of its com­ promptly to the person who submitted the merchandise was not mined, pro­ ponents. it with detailed written advice as to the duced, or manufactured in any part with (c) If the certificate or certificates ana respects in which it does not conform. the use of a class of labor specified in statement specified in paragraphs (a) I f such information is found to comply the finding. and (b) of this section are submitted with the requirements, it shall be trans­ (Sec. 307,46 Stat. 689; 19 U. S. C. 1307) within the time prescribed and the Com- mitted by the appraiser within 10 days to missioper finds that the merchandise is § 12.43 Proof of admissibility, (a) admissible, the collector of customs con­ I f an importer of any article detained 29 “ All goods, wares, articles, and merchan­ cerned will be advised to that effect, dise mined, produced, or manufactured under § 12.42 (e) or (g) desires to con­ whereupon he shall release the merchan­ tend that the article was not mined, pro­ wholly or in part in any foreign country by dise upon compliance with the usual convict labor or/and forced labor or/and duced, or manufactured in any part with indentured labor under penal sanctions shall the use of a class of labor specified in entry requirements. hot be entitled to enter at any of the ports section 307, Tariff Act of 1930, he shall (Sec. 307,46 Stat. 689; 19 U. S. Ç. 1307) of the United States, and the importation submit to the Commissioner of Customs § 12.44 . Disposition. Merchandise thereof is hereby prohibited, and the Sec­ retary of the Treasury is authorized and within 3 months after the date the detained pursuant to § 12.42 may be ex­ directed to prescribe such regulations as may articlfe was imported a certificate of ported at any time before it is deemed to be necessary for the enforcement of this origin in the form set forth below, signed have been abandoned as hereinafter pro­ provision. The provisions of this section re­ by. the foreign seller or owner of the vided for. If it has not been exported lating to goods, wares, articles, and mer­ article and sworn to by him before an within 3 months after the date of im­ chandise mined, produced, or manufactured American consular officer or a person portation, the collector s h a ll ascertain by forced labor or/and indentured labor, designated in section 482 (f), ^Tariff Act shall take effect on January 1, 1932; but in whether the proof specified m s no case shall such provisions be applicable of 1930. I f the article was mined, pro­ has been submitted within the time pre­ to goods, wares, articles, or merchandise so duced, or manufactured wholly or in part scribed in that section. If the proof ha mined, produced, or manufactured which in a country other than that from which not been so submitted, or if the com are not mined, produced, or manufactured it was exported to the United States, an missioner of Customs advises the coiiec in such quantities in the United States as to additional certificate in such form and tor that the proof furnished does not meet the consumptive demands of the United so signed and sworn to by the last owner establish the admissibility of the mer States. chandise, the collector shaU prompt y « ‘Forced labor,’ as herein used, shall mean or seller in such other country, substi­ all work or service which is exacted from tuting the facts of transportation from advise the importer in writing that tne any person raider the menace of any penalty such other country for the statements merchandise is excluded , fr0™ for its nonperformance and for which the with respect to shipment from the coun­ Upon the expiration of 60 days after Worker does not offer himself voluntarily delivery or mailing of such advic y (Tariff Act of 1930, sec. 307; 19 U. S. C. 1307.) try of exportation, shall be so submitted. Thursday, November 24, 1955 FEDERAL REGISTER 8669 collector, the merchandise shall be dumping Act, 1921, as amended,14 or at the appraiser or other officer or readily deemed to have been abandoned and less than its “fair value” as that term is available to him. shall be destroyed, unless it has been ex­ defined in § 14.7, he shall communicate ported or a protest has been filed as pro­ (b) Any person outside the Customs his knowledge promptly to the Commis­ Service who has reason to believe that vided for in section 514, Tariff Act of sioner of Customs. Every such commu­ 1930. merchandise is being, or is likely to be, nication shall contain or be accompanied imported into the United States under (Sec. 307, 46 Stat. 689; 19 U. S. O. 1307) by a statement of substantially the same such circumstances as to bring it within § 12.45 Transportation and market­ information as is required in paragraph (b) of this section, if. in the possession of the purview of the Antidumping Act, ing of prison-labor produets. I f any 1921, as amended,14* may communicate apparent violation of section 1761 or 14 “Whenever, in the case of any imported 1762, title 18, United States Code,80 with merchandise of a class or kind as to which chasers for exportation to the United States respect to any imported article comes to the Secretary has not so made public a find­ in the ordinary course of trade, are greater the attention of a collector of customs, ing, the Secretary has reason to believe or than the wholesale Quantities in which such he shall detain the article and report the suspect, from the invoice or other papers or or similar merchandise is sold or freely offered facts to the appropriate United States,, from information presented to him or to any for sale to all purchasers in the principal markets of the country of exportation in the attorney. I f the United States attorney ' person to whom authority under this section ordinary course of trade for home consump­ advises the collector that action should has been delegated, that the purchase price is less, or that the exporter’s sales price is less tion (or, if not so sold or offered for sale for be taken against the article, it shall be or likely to be less, than the foreign market home consumption, then for exportation to seized and held pending the receipt of value (or, in the absence of such value, than countries other than the United States), then further instructions from the United the Cost of production), he shall forthwith due allowance shall be made therefor in de­ States attorney or the court. authorize, under such regulations as he may termining the foreign market value for the prescribe, the withholding of appraisement purposes of this section. (R. S. 161, sec. 624, 46 Stat. 759; 5 U. S. O. “ (c) If it is established to the satisfaction 22,19 TJ. S. C. 1624) reports as to such merchandise entered, or Withdrawn from warehouse, for consumption, of the appraising officers that the amount of 2. Sections 14.8, 14.15, 14.16, and 14.17, not more than one hundred and twenty days such difference between the exporter’s sales price and the foreign market value is wholly relating to procedures under the Anti­ before the question of dumping has been or partly due to the fact that the wholesale dumping Act, 1921, as amended (19 raised by or presented to him or any person to whom authority under this section has quantities, in which such or similar merchan­ U. S. C. 160-173), are deleted and the fol­ been delegated, until the further order of the dise is sold or freely offered for sale to all pur­ lowing new sections are substituted Secretary, or until the Secretary has made chasers in the principal markets of the United therefor; public a finding as provided for in subdivision States in the ordinary course of trade, are (a) in regard to such merchandise.” (Anti­ greater than the wholesale quantities in § 14.6 Suspected dumping, (a) If any dumping Act, 1921, sec. 201 (b ), as amended; which such or similar merchandise is sold or appraiser or other principal customs offi­ 19 U. S. C. 160 (b ).) freely offered for sale to all purchasers in the- cer has knowledge of any grounds for a w* “Sec. 201. (a) Whenever the Secretary principal markets of the country of exporta­ reasonable suspicion that any merchan­ of the Treasury (hereinafter called the ‘Sec­ tion in the ordinary course of trade for home dise is being, or is likely to be, imported retary’) determines that a class or-'kind of consumption (or, if not so sold or offered for Sale for home consumption, then for expor­ into the United States at a purchase price foreign merchandise is being, or is likely to be, sold in the ^United States or elsewhere at tation to countries other than the United or exporter’s sales price less than the for­ less than its fair value, (see § 14.7) he shall States), then due allowance shall be made eign market value, (or, in the absence of so advise the United States Tariff Commis­ therefor in determining the foreign market such value, than the cost of production), sion, and the said Commission shall deter­ value for the purposes of this section. “Sec. 203. That for the purposes of this as contemplated by section 201 (b ), Anti- mine within three months thereafter whether an industry in the United States is title, the purchase price of imported mer­ being or is likely to be injured, or is pre­ chandise shall be the price at which such 80 “(a) Whoever knowingly transports In vented from being established, by reason of merchandise has been purchased or agreed to interstate commerce or from any foreign the importation of such merchandise into be purchased, prior to the time of exporta­ country into the United States any goods, the United States. The said Commission, tion, by the person by whom or for whose wares, or merchandise manufactured, pro­ after such investigation as it deems neces­ account the merchandise is imported, plus, duced, or mined, wholly ór in part by con­ sary, shall notify the Secretary of its deter­ when not included in such price, the cost of victs or prisoners, except convicts or pris­ mination, and, if that determination is in all .containers and coverings and all other oners on parole or probation, or in any penal the affirmative, the Secretary shall make costs, charges, and expenses incident to plac­ or reformatory institution, shall be fined public a notice (hereinafter in this Act ing the merchandise in condition, packed not more than $1,000 or imprisoned not called a ‘finding’) of his determination and ready for shipment to the United States, less more than one year, or both. the determination of the said Commission. the amount, if any, included in such price, “ (b) This chapter shall not apply to agri­ The Secretary’s finding shall include a de­ attributable to any additional costs, charges, cultural commodities or parts for the repair scription of the class or kind of merchandise and expenses, and United States import of farm machinery, nor to commodities to which it applies in such detail as he shall duties, incident to bringing the merchandise manufactured in a Federal, District of Co­ deem necessary for the guidance of customs from the place of shipment in the country of lumbia, or State institution for use by the officers. exportation to the place of delivery in the Federal Government, or by the District of United States; and plus the amount, if not Columbia, or by any State or Political sub­ included in such price, of any export tax division of a State.” (18 U. S. G. 1761.) “Sec. 202. (a) In the case of all imported imposed by the country of exportation on the ‘(a ) All packages containing any goods, merchandise, whether dutiable or free of exportation of the merchandise to the duty, of a class or kind as to which the Sec­ wares, or merchandise manufactured, pro­ United States; and plus the amount of any retary has made public a finding as provided duced, or mined wholly or in part by convicts import duties imposed by the country of for in section 201, entered, or withdrawn or prisoners, except convicts or prisoners on exportation which have been rebated, or parole or probation, or in any penal or re- from warehouse, for consumption, not more which have not been collected, by reason of than one hundred and twenty days before ormatory institution, when shipped or the exportation of the merchandise to the the question of dumping was raised by or ransported in interstate or foreign com- United States; and plus the amount of any presented to the Secretary or any person to “ m m shall be plainly and clearly marked, taxes imposed in the country of exportation whom authority under section 201 has been so that the name and address of the shipper, upon the manufacturer, producer, or seller, delegated, and as to which no appraisement e name and address of the consignee, the in respect to the manufacture, production or report has been made before such finding has irt ° f the c°ntents, and the name and sale of the merchandise, which have been re­ been so made public, if the purchase price bated, or which have not been collected by tn+i ° n the penal or reformatory insti­ or the exporter’s sales price is less than the tution where produced wholly or in part may reason of the exportation of the merchandise foreign market value '(or, in the absence of +vLreaT ily ascertained on an inspection of to the United States. ® outside of such package. such value, than the cost of production) “Sec. 204. That for the purpose of this there shall be levied, collected, and paid, in “(b) Whoever violates this section shall title the exporter’s sales price of imported addition to any other duties imposed thereon merchandise shall be the price at which such eonric 6d not more than Sf-OOO. and any by law, a special dumping duty in an amount vinl wares or merchandise transported in merchandise is sold or agreed to be sold in equal to such difference.” the United States, before or after the time this****? ° f this section °r section 1761 of (k) I f it is established to the satisfaction Stat*«® i haU be forfeited to the United of importation, by or for the account of of the appraising officers that the amount of the exporter, plus, when not included in bv niri and may be seized and condemned such difference between the purchase price for ^ P ro c e e d in g s as those provided by law such price, thé cost of all containers and and the foreign market value is wholly or coverings and all other costs, charges, and imnn?tLS!1Z*Ure and forfeiture of property, partly due to the fact that the wholesale l a ^ (is utosthe United States contrary to expenses incident to placing the merchan­ quantities, in which such or similar merchan­ dise in condition, packed ready for ship­ dise is sold or freely offered for sale to all pur- ment to the United States, less (1) the 8670 RULES AND REGULATIONS his belief afid the reasons therefor in (2) Such detailed data as to values and reasonably available to the-person fur­ writing to any appraiser of merchandise prices as is reasonably available to the nishing the information. or to the Commissioner of Customs. person-furnishing the information and (4) Such detailed information as to Every such communication shall contain is relied upon by him to support his be­ the existence or likelihood of injury to or be accompanied by the following: lief, including information as to any an established or prospective industry in (1) A detailed description or sample differences between the foreign market the United States as is reasonably avail­ of the merchandise; the name of the value or cost of production and the im­ able to the person furnishing the infor­ country from which it is being, or is port purchase price or exporter’s sales mation. likely to be, imported; and the ports or price which may be accounted for by any (c) If any information filed with an probable ports of importation into the difference in taxes, discounts, incidental appraiser pursuant to paragraph (b) of United States. I f no sample is furnished, costs such as those for packing or freight, this section does not conform with the re­ the appraiser concerned in appropriate or other items. quirements of that paragraph, the com­ cases may call upon the person who fur­ (3) All information as to the existence munication shall be returned promptly to nished the information to furnish sam­ of any conditions or restrictions attached the person who submitted it with detailed ples of the imported and competitive to sales of the merchandise in question written advice as to the respects in which domestic articles, or either. in the country of exportation which is it does not conform. If such information

amount, if any, included in such price, at­ “ (2) The-usual general expenses (not less the collector, in an amount equal to the tributable to any additional costs, charges, than 10 per centum of such cost) in the case estimated value of the merchandise, condi­ and expenses, and United States import of identical or substantially identical mer­ tioned: ( 1) that he will report to the col­ duties, incident to bringing the merchandise chandise; lector the exporter’s sales price of the mer­ from the place of shipment in the country “ (3) The cost of all containers and cover­ chandise within 30 days after such merchan­ of exportation to the place of delivery in ings, and all other costs, charges, and ex­ dise has been sold or agreed to be sold in the the United States, (2) the amount of the penses incident to placing the particular Uiiited States, (2) that he will pay on de­ commissions, if any, for selling in the United merchandise under consideration in condi­ mand from the collector the amount of spe­ States the particular merchandise under tion, packed ready for shipment to the United cial dumping duty, if any, imposed by this consideration, (3) an amount equal to the States; and title upon such merchandise, and (3) that expenses, if any, generally incurred by or “ (4) An addition for profit (not less than he will furnish to the collector such informa­ for the account of the exporter in the 8 per centum of the sum of the amounts tion as may be in his possession and as may United States in selling identical or sub­ found under paragraphs ( 1) and (2) ) equal be necessary for thè ascertainment of such stantially identical merchandise, and (4) to the profit which is ordinarily added, in the duty, and will-keep such records as to the the amount of any export tax imposed by case of merchandise of the same general char­ sale of such merchandise as the Secretary the country of exportation on the exporta­ acter as the particular merchandise under may by regulation prescribe. tion of the merchandise to the United consideration, by manufacturers or pro­ “Sec. 209. That in the case of all imported States; and plus the amount of any import ducers in the country of manufacture or pro­ merchandise, whether dutiable or free of duties imposed by the country of exporta­ duction who are engaged in the same general duty, of a class or kind as to which the Sec­ tion which have been rebated, or which trade as the manufacturer or producer of the retary has made public a finding as pro­ have not been collected, by reason of the particular merchandise under consideration. vided in section 201, and as to which the exportation of the merchandise to the “Sec. 207. That for the purposes of this title appraiser or person acting as appraiser has United States; and plus the amount of any the exporter of imported merchandise shall made no appraisement report to the collec­ taxes imposed in the country of exporta­ be the person by whom or for whose account tor before such finding has been so made tion upon the manufacturer, producer, or the merchandise is imported into the United public, it shall be the duty of each appraiser seller in respect to the manufacture,’ pro­ States: or person acting as appraiser, by all reason­ duction, or sale of the merchandise, which “ ( 1 ) I f such person is the agent or princi­ able ways and means to ascertain, estimate, have been rebated, or which have not been pal of the exporter, manufacturer, or pro­ and appraise (any invoice or affidavit thereto collected, by reason of the exportation of the ducer; or or statement of cost of production to the merchandise to the United States. “ (2) I f such person owns or controls, di­ contrary notwithstanding) and report to the “Sec. 205. That for the purposes of this rectly or indirectly, through stock ownership collector the foreign market value or the title the foreign market value of imported or control or otherwise, any interest in the cost of production, as the case may be, the merchandise shall be the price, at the time business of the exporter, manufacturer, or purchase price, and the exporter’s saies price, of exportation of such merchandise to the producer; or and any other facts which the Secretary may United States, at which such or similar mer­ “ (3) I f the exporter, manufacturer, or pro­ deem necessary for the purposes of this title. chandise is sold or freely offered for sale to ducer owns or controls, directly or indirectly, “Sec. 210. That for the purposes of this all purchasers in the principal markets of the through stock ownership or control or other­ title the determination of the appraiser or country from which exported, in the usual wise, any interest in any business conducted person acting as appraiser as to the foreign wholesale quantities and in the ordinary by such person; or market value or the cost of production, as course of trade for home consumption (or, if “ (4) I f any person or persons, Jointly or the case may be, the purchase price, and the not so sold or offered for sale for home con­ severally, directly or indirectly, through stock exporter’s sales price, and the action of the sumption, then for exportation to countries ownership or control or otherwise, own or collector In assessing special dumping duty, other than the United States)., plus, when control in the aggregate 20 per centum or shall have the same force and effect and be not included in such price, the cost of all more of the voting power or control in the subject to the same right of appeal and containers and coverings and all other costs, business carrier on by the person by whom or protest, under the same conditions and sub­ charges, and expenses incident to placing the for whose account the merchahdise is im ­ ject to the same limitations; and the general merchandise in condition packed ready for ported into the United States, and also 20 per appraisers, the Board of General Appraisers, shipment to the United States, except that centum or more of such power or control in and the Court of Customs Appeals shall have in the case of merchandise purchased or the business of the exporter, manufacturer, the same jurisdiction, powers, and duties in agreed to be purchased by the person by or producer. connection with such appeals and protests whom or for whose account the merchandise “Sec. 208. That in the case of all imported as in the case of appeals and protests relat­ is imported, prior to the time of exportation, merchandise, whether dutiable or free of ing to customs duties under existing law. the foreign market value shall be ascertained duty, of a class or kind as to which the “Sec. 211 That the special dumping duty as of the date of such purchase or agreement Secretary has made public a finding as pro­ imposed by this title shall be treated in all to purchase. In the ascertainment of foreign vided in section 201, and delivery of which respects as regular customs duties within market value for the purposes of this title has not been made by the collector before the meaning of all laws relating to the draw­ no pretended sale or offer for sale, and no such finding has been,so made public, unless back of customs duties. sale or offer for sale intended to establish a the person by whom or for whose account “Sec. 212. That this title may be cited as fictitious market, shall be taken into such merchandise is imported makes oath the ‘Antidumping Act, 1921.’ account. before the collector, under regulations pre­ “Se». 406. That when used in Title “Sec. 206. That for the purposes of this scribed by the Secretary, that he is not an I I * * * title the cost of production of imported mer­ exporter, or unless such person declares un­ “ The term ‘person’ includes individuals, chandise shall be the sum of— der oath at the time of entry, under régula-' partnerships, corporations, and associations, “ (1) The cost of materials of, and of fab­ tions prescribed by the Secretary, the ex­ and ,, rication, manipulation, or other process em­ porter’s sales price of such merchandise, it “ The term ‘United States’ includes an ployed in manufacturing or producing, shall be unlawful for the collector to deliver Territories and possessions subject to tne identical or substantially identical merchant the merchandise until such person has made jurisdiction of the United States, excep dise, at a time preceding the date of ship­ oath before the collector, under regulations Virgin Islands, the islands of Guam ana ment of the particular merchandise under prescribed by the Secretary, that the mer­ Tutuila, and the Canal Zone. t “Sec. 407. That the Secretary shall maxe consideration which would ordinarily permit chandise has not been sold or agreed to be rules and regulations necessary for the en­ the manufacture or production of the par­ sold by such person, and has given bond to forcement of this Act.” (Antidumping » ticular merchandise under consideration in thé collector, under regulations prescribed the usual course of business; by the Secretary, with sureties approved by 1921, as amended; 19 U. S. C. 160-173.) Thursday, November 24, 1955 FEDERAL REGISTER 8671

is found to comply with the requirements, Ob) When the appraiser notifies the and has been sold or agreed to be sold to it shall be transmitted by the appraiser Importer of a withheld appraisement in within 10 days to the Commissioner of accordance with paragraph (a) of this (Name and address) (Price) Customs, together with all pertinent ad­ section, he shall concurrently request the (S ig n e d ) ______ditional information obtainable by the importer or his duly authorized agent, Form 3 appraiser. Before making such trans­ except as specified in paragraph (f ) or mittal, or as soon thereafter as possible, (g) of this section, to appear before him Exporter’s Certificate Wh en Sales Price I s the appraiser shall make such inquiry to furnish the following information, nn. Not K now n regarding the matter among importers, less the information has already been ANTIDUMPING ACT, 1921 domestic producers and distributors, or obtained. others as he may deem appropriate and Port of ______(1) The name and address of the ulti­ D a te d ______19 report* the results to the Commissioner mate consignee of the merchandise and, Re: Entry No. d a te d ______19_”_" together with his comments thereon. if. such consignee is not the person for Import carrier:______A rrived ______19___ (d) Upon receipt pursuant to para­ whose account the merchandise was im­ I certify that I am the exporter as defined graph (a ), (b ), or (c) of this section of ported, the name and address of the in section 207, Antidumping Act, 1921, of the information in proper form, the Commis­ last-mentioned person. merchandise covered by the aforesaid entry, sioner will proceed expeditiously to as­ (2) Whether or not the person for and that I have no knowledge as to any price certain whether reasonable grounds exist whose account the merchandise was im­ at which such merchandise will be Sold in the United States. I hereby agree that I will to suspect that the merchandise is being, ported is the exporter of such merchan­ or is likely to be, sold at less than its fair keep a record of the spies and will furnish dise within the meaning of section 207 the appraiser within 30 days after the sale of value as that term is defined in § 14.7, or of the Antidumping Act. any of such merchandise a statement of each at less than its statutory value under the (c) If, before a finding of dumping selling price. I further agree that, if any of Antidumping Act, that is, its foreign has been made, or before a case has been the merchandise has not been sold before the market value (or, in the absence of such closed without a finding, the appraiser is expiration of 6 months from the date of en­ value, the cost of production). try, I will so report to the appraiser upon satisfied by information furnished by such expiration date. (e) If the Commissioner determines the importer or otherwise that the pur­ that there are reasonable grounds to sus­ The merchandise was acquired by me in the chase price or exporter’s sales price, in following manner: - ______pect that any merchandise is being, or is respect of any shipment, is not less than (S ign ed) ______likely to be, sold at less than its statutory foreign market value (or, in the absence value under the Antidumping Act, he will of such value, than the cost of produc­ Form 4 advise all appraisers of that fact, fur­ tion), he shall so advise the Commis­ Exporter’s Certificate W h en Merchandise nishing an adequate description of the sioner and request authorization to Is Not, And W ill Not Be, Sold merchandise and the name of each coun­ proceed with his appraisement of that ANTIDUMPING ACT, 1921 try of exportation. Upon receipt of such shipment in the usual manner. Port of ______advice the appraisers shall proceed in ac­ (d) I f the appraiser is not satisfied cordance with the pertinent provisions of D a te ______19___ § 14.9. by information furnished by the im­ fie: Entry No.______d ated ______19__. porter or otherwise that the merchandise Import carrier: ______A rrived______19___ (Secs. 201, 407, 42 Stat. 11, as amended, 18: 19 U. S. C. 160, 173) is not being sold at less than its foreign I certify that I am the exporter as defined market value (or, in the absence of such in section 207, Antidumping Act, 1921, of the S 14.7 Fair value. The amendment "Value, than the cost of production), or merchandise covered by the aforesaid entry, and that such merchandise has not been, to this section was published in T. D if a finding of dumping has been made, 53773. and will not be, sold in the United States fqr he shall require the importer or his the following reason: ______§ 14.8 Determination of fact or like­ agent to file a certificate of the importer (S ign ed )------lihood of sales at less than fair value; on the appropriate one of the following (e) I f an unqualified certificate on determination of injury; finding of forms: Form 4 is filed and the appraiser is satis­ dumping, (a) When the Commissioner Form 1 fied that no evidence can be obtained to of Customs has given advice to ap­ N o n e x p o r t e r ’ s C e r t if ic a t e contradict it, he shall notify the collec­ praisers pursuant to § 14.6 (e ), the Sec­ tor promptly that appraisement of the ANTIDUMPING ACT, 1921 retary of the Treasury will proceed as shipment is no longer being withheld on promptly as possible to determine- Port of ______account of the Antidumping Act and whether the merchandise in question is v D a te ______19__ proceed to appraise the merchandise in m fact being, or is likely to be, sold in Re: Entry No...... d ated ______19__. Import carrier:______A rriv e d ______, 19__. the usual manner. the United States or elsewhere at less (f) When an importer has filed a cer­ than its fair value. If the determination I certify that I am not the exporter as defined in section 207, Antidumping Act, tificate provided for in paragraph (d) is affirmative, the Secretary will advise of this section, upon each subsequent the United States Tariff Commission ac­ 1921, of the merchandise covered by the cordingly. aforesaid entry. I further certify that the importation by the same person of mer­ merchandise was purchased for importation chandise of the kind covered by such (b) if the Tariff Commissioner deter­ by ------o n _____i ______19__, certificate, the importer or his agent may mines that there is, or is likely to be, the and that the purchase price i s __ !____¿j____ _ attach an appropriate certificate to the injury contemplated by the statute, the (S ig n e d )______invoice at the time of entry, and the ap­ commissioner of Customs will make the Form 2 praiser may thereupon waive a further contemplated by section 201 (a) appearance by the importer or his agent. Anti-dumping Act, as amended, E x p o r t e r ’ s C e r t if ic a t e W h e n S a l e s P r ic e i s (g) An importer who imports the same witn respect to the involved merchan- K n o w n kind of merchandise from the same ANTIDUMPING ACT, 1921 country at two or more ports in the i f n ’o2!! ’ 407, 42 stat- 11* as amended, 18; Port o f ______United States under a single arrange­ 19 U. s. C. 160, 173) D a te d ______19__ ment with the foreign shipper may pre­ Re: Entry No.____.______d ated ______19__. nn Action by appraiser; appear- pare in written form all the information Import c a rrie r:______A rriv e d ______, 19___ furnished by him or his agent to one lT ,L ° f* lmvorter- (a> uPon receipt of avice from the Commissioner of Cus- I certify that I am the exporter as defined appraiser regarding such merchandise in section 207, Antidumping Act, 1921, of nf S ^nrsuant to § 14.6 (e) or of advice pursuant to paragraph (b) of this sec­ the merchandise covered by the aforesaid tion and submit it to such appraiser. 5 1 ending made in accordance with entry; that the merchandise is sold or agreed .(b )- appraiser shall withhold If the appraiser approves the statement to be sold at the price stated in the attached as correctly and fully covering all the tho * ise?lent of any merchandise within statement; and that, if any of such merchan­ information so furnished to him, he shall shnifUrVi?JJv the advice or finding and dise is actually sold at any price different endorse the statement accordingly a*nd j J L B » the collector and importer from the price stated therefor in the at­ tached statement, I will immediately notify transmit it to any other appraiser or ap­ with ? tel5l of ea°h lot of merchandise the appraiser of all the circumstances. praisers specified by the importer or the. so withheld^ ^ Which appraisement is The merchandise was acquired by me in importer’s agent. Upon receipt of the the following manner: ______endorsed statement and a written re- 8672 RULES AND REGULATIONS tion 303, Tariff Act of 1930,11 shall com­ quest and declaration of the importer or § 14.11 Conversion of currencies. In municate such information promptly to his agent that the statement be accepted determining the existence and amount the Commissioner of Customs. Every in lieu of the appearance required by of any difference between the purchase such communication shall contain or be paragraph (b) of this section and that price or exporter’s sales price and the accompanied by a statement of sub­ the statement fully and truly applies foreign market value (or, in the absence stantially the same information as is re­ with respect to the merchandise under of such value, the cost of production) quired in paragraph (b) of this section, consideration by the appraiser receiving for the purposes of section 201 (b) or if in the possession of the appraiser or the statement and request, such ap­ 202 (a) of the Antidumping Act, as praiser shall grant the request, unless he amended, any necessary conversion of a other officer or readily available to him. (b) Any person outside the Customs has good reason to believe that pertinent, foreign currency into its equivalent in Service who has reason to believe that information not contained in the state­ United States currency shall be made in any bounty or grant is being paid or ment is obtainable from the importer or accordance with the provisions of sec­ bestowed with respect to dutiable mer­ his agent. tion 522, Tariff Act of 1930 (31 U. S. C. 372) (a) as of the date of purchase or chandise imported into the United (Secs. 201, 202, 208, 407, 42 Stat. 11, as agreement to purchase, if the purchase States may communicate his belief to amended, 14, 18, Sec. 486, 46 Stat. 725, as any appraiser or the Commissioner of amended, 19 U. S. C. 160, 161, 167, 173, 1486) price is an element of the comparison, or (b) as of the date of exportation, if Customs. Every such communication § 14.10 Release of merchandise; bond. the exporter’s sales price is an element shall contain, or be accompanied by, (1) (a) When the collector has received a of the comparison. a full statement of the reasons for the notice o f withheld appraisement pro­ belief, (2) a detailed description or (Secs. 201, 202, 407, 42 Stat. 11, as amended, sample of the merchandise, (3) all per­ vided for in '§ 14.9 (a ), or when he has 18; 19 U. S. O. 160, 161, 173) been advised of a finding provided for tinent facts obtainable as to any bounty in § 14.8 (b ), and so long as such notice § 14.12 Modification or revocation of or grant being paid or bestowed with or finding is in effect, he shall withhold finding. An application for the modifi­ respect to such merchandise. release of any merchandise of a class or cation or revocation of any finding made (c) If any information filed with an kind covered by such notice or finding as provided for in § 14.8 (b) will receive appraiser, pursuant to paragraph (b) of which is then in his custody or is there­ due consideration if submitted in writing this section does not conform with the after imported, unless an appropriate to the Commissioner of Customs together requirements of that paragraph, the bond is filed or is on file, as specified with detailed information concerning communication shall be returned hereafter in this section, or unless he is any change in circumstances or practice promptly to the person who submitted advised by the appraiser that the mer­ which has obtained for a substantial it with detailed written advice as to the chandise covered by a specified entry period of time, or other reasons, which respects in which it does not conform. will be appraised without regard to the the applicant believes will establish that I f such information is found to comply Antidumping Act. the basis of the finding no longer exists with the requirements, it shall be trans­ (b) I f the merchandise is of a class with respect to all or any part of the mitted by the appraiser within 10 days to the Commissioner of Customs, to­ or kind covered by a notice of withheld merchandise covered thereby. appraisement provided for in § 14.9 (a) gether with all pertinent additional in­ or by a finding provided for in § 14.8 (Secs. 201, 407, 42 Stat. 11, as amended, 18; formation available to the appraiser. (to), a single consumption entry bond 19 U. S. 0 . 160,173) (d) Upon receipt by the Commis­ covering the shipment, in addition to any § 14.13 Publication of findings, (a) sioner of Customs of any communica­ other required bond, shall be furnished Each finding made in accordance with tion- submitted pursuant to paragraph by the person making the entry or with­ § 14.8 (b) will be published in a weekly (a ), (b ), or (c), of this section and found to comply with the requirements drawal, unless the provisions of the next issue of Treasury Decisions and in the paragraph are applicable and in other of the pertinent paragraph, the Com­ cases unless the collector is satisfied that F ederal R egister. missioner will cause such investigation the bond under which the entry was filed . (b) The following findings of dumping to be made as appears to be warranted is sufficient. are currently in effect: by the circumstances of the case and the (c) I f the merchandise is of a class or Commissioner or his designated repre- kind covered by a finding provided for Merchandise Country T.D. in § 14.8 (b) and the importer or his » “ Whenever any country, dependency, agent has filed a certificate on Form 3 63567 colony, province, or other political subdivi­ (§ 14.9 (d)>, the bond required by sec­ Cast iron soil pipe, other United Kingdom.. 63934 sion of government, person, partnership, than “ American Pat- tion 208 of the Antidumping Act shall be association, cartel, or corporation shall pay tern”. or bestow, directly or indirectly, any bounty on customs Form 7591. In such case, a or grant upon the manufacture or produc­ separate bond shall be required for each (Secs. 201, 407, 42 Stat. 11, as amended, 18; tion or export of any article or merchandise entry or withdrawal, and such bond shall 19 U. S. C. 160,173) . ■ manufactured or produced in such country, be in addition to any other bond re­ dependency, colony, province, or other po­ quired by law or regulation. The record (R. S. 161, 251, sec. 624, 46 Stat. 759; 5 U. S. C. litical subdivision of government, and such 22,19 U. S. C. 66,1624) of sales required under the conditions of article or merchandise is dutiable under the the bond on customs Form 7591 shall 3. Section 16.21 (a) is amended by provisions of this act, then upon the im­ substituting “Commissioner of Customs” portation of any such article or merchandise identify the entry covering the mer­ into the United States, whether the' same chandise and show the name and address for “Secretary of the Treasury.” shall be imported directly from the country of each purchaser, each selling price, and 4. Footnote 16, appended to § 16.21 of production or otherwise, and whether the date of each sale. (a ), is amended by revising the first such article or merchandise is imported in (d) The penalty of any additipnal paragraph to read “See § 14.13 of this the same condition as when exported from bond required under this section, shall the country of production or has been Chapter. be in an amount equal to the entered changed in condition by remanufacture °r 5. The citation of authority for § 16.21 otherwise, there shall be levied and paid, in value of the merchandise covered by the is amended to read as follows: (Secs. all such cases, in addition to the duties notice or finding, except that, in the otherwise imposed by this act, an additional case of merchandise which appears to 202, 209, 407, 42 Stat. 11, as amended, 15, duty equal to the net amount of such bounty tho satisfaction of the collector to be 18; 19 U. S. C. 161, 168, 173). or grant, however the same be paid or be- unconditionally free of duty and not 6. Section 16.24 is amended to read as stowed. The Secretary o f’the Treasury shall potentially subject to any demand for follows: from time to time ascertain and determine, redelivery on account of any import re­ or estimate, the net amount of each sucn § 16.24 Countervailing duties, (a) bounty or grant, and shall declare the ne striction or prohibition, the bond may be amount so determined or estimated. T in such lesser amount as will assure pay­ Any appraiser or other principal cus­ toms officer who obtains any informa­ Secretary of the Treasury shall make an ment of any special duty that may ac­ regulations he may deem necessary for tne crue by reason of the Antidumping Act, tion that any bounty or grant is being identification of such articles and mer­ but in no case less than $100. paid or bestowed with respect to dutiable chandise and for the assessment and c on e- merchandise imported into the United tion of such additional duties.’’ (Tarin ^ (Secs. 208, 407, 42 Stat. 14, 18; 19 U. S. O. of 1930, sec. 303; 19 U. S. C. 1303.) 167, 173) States, so as to require action under sec­ Thursday, November 24, 1955 FEDERAL REGISTER 8673 sentative will consider any repre­ amount of the bounty or grant or a rule sentations offered by foreign interests, ( j ) Waterways discharging into Gulf for calculating or estimating such of Mexico west of Mississippi River. * * * importers, domestic producers, or other amount. . \ interested presons. (25-a) Lavaca River, Tex.; St. Louis, (f) Each order issued pursuant to (e) If it is determined that the appli­ Brownsville and Mexico Railway Com­ cation of the said section 303 is required, paragraph (e) of this section will be pany bridge near Vanderbilt. A t least the Commissioner of Customs, with the published in a weekly issue of Treasury 48-hours’ advance notice required, ex­ approval of the Secretary of the Treas­ Decisions and in the F ederal R egister. cept in emergencies, when the bridge will Orders or notices issued under section be opened as soon as possible after re­ ury, will issue a countervailing duly order ceipt of notice. describing the merchandise, designating 303, Tariff Act of 1930, or a correspond­ ***** the country or area in which it is pro­ ing provision of a prior act, are currently duced or from which it is exported, and in effect with respect to the merchandise (27) Laguna Madre, Tex.; Padre declaring the ascertained or estimated listed below: Island Causeway (Nueces County) swing barge bridge across Humble Oil and Re­ fining Company channel. Between 4:00 Country Commodity Treasury Decision Action p. m. and 7:00 a. m., at least 1-hour ad­ vance notice required: Provided, That these regulations may be temporarily Australia____ 3 39541 Declared rate. 49157 New estimated rates. suspended by the District Engineer, 52923 Contingent suspension of rates. Corps of Engineers, Galveston, Texas, for Butter______42937 Bounties declared—Bates. 43067 New rates. such periods as he may determine to be 48551 New estimated rate. necessary upon notice to Nueces County. Fortified wines______51476 bounties declared—Contingent rates. Canada___ Cheese, 93-94 score, from whole milk, 50093 Bounties declared—Bates. (28) Arroyo Colorado River, Tex.; The Cheddar, including “ washed curd,” Texas Highway Department bridge at types. Rio Hondo. At least 24-hours’ advance Cheese, 93-94 score, blue-vein, of 53182 Bounties declared—Bates. Roquefort type. notice required. Cuba___ -r-^- Cordage______53534 Bounties declared—Bates. • Denmark Butter..______57896 Bounties declared—Bates. [Regs., November 2, 1955, 823.01-ENGWO] 48734 Discontinued sis to direct shipments. (Sec. 5, 28 stat. 362; 33 U. S. C. 499) Great Britain__ Spirits..______34466 Bounties declared—Bates. 34752 Descriptions. 2. Pursuant to the provisions of section 34982 No bounty on rum. 35089 Proof gallons. 5 of the River and Harbor Act of August 35510 Alcoholic perfumery. 18, 1894 (28 Stat. 362; 33 U. S. C. 499), 35668 Orange bitters. § 203.560 governing the operation of 47826-7 Quantity for computing duty. 52555 Bounty on plain spirits terminated. drawbridges where constant attendance Silk and silk articles______42895 Bounties declared—Bates. of draw tenders is not required over the 43634 Bounties—Additional articles. 44742- New rates. Mississippi River and its tributaries, is 47475 New rates. hereby amended in respect to paragraph 53476 New rates and additional articles. Sugar______49355 Bounties declared—Bates (f) (23) and (25), respectively, govern­ 50108 ing the operation of the Arkansas High­ 50127 |New rates. Ireland___,__, ■ Spirits____...... 47753 way Department bridges across the Bounties declared—Bates. Black River at Pocahontas, Arkansas, Uruguay_ 47826-7 Quantity for computing duty. Wool tops______53257 Bounties declared—Bates. and across the Current River at Biggers, 53446 New rate. Arkansas, as follows: (R. S. 161, 251, sec, 624, 46 Stat. 759; 5 U. S. C. § 203.560 Mississippi River and its 22, 19 y. S. C. 66, 1624) ance of draw tenders is not required over navigable waters discharging into the tributaries and outlets; bridges where [ seal] R a lp h K e l l y , constant attendance of draw tenders is Atlantic Ocean south of and including not required. * * * Commissioner of Customs. Chesapeake Bay and into the Gulf of (f) Lower Mississippi River. * * * Mexico, except the Mississippi River and Approved: November 7, 1955: (23) Black River, Ark.; Arkansas its tributaries and outlets, is hereby Highway Department bridge at Poca­ David W . K endall, amended prescribing paragraph (j) hontas. The draw need not be opened Acting Secretary of the Treasury. (25-a), (27), and (28), respectively, to for the passage of vessels, and para­ [F. R. Doc. 55-9448; Piled, Nov. 23, 1955; govern the operation of the St. Louis, graphs (b) to (e ), inclusive, of this sec­ 8:48 a. m.] Brownsville and Mexico Railway Com­ tion shall not apply to this bridge. pany bridge across Lavaca River in the ***** vicinity of Vanderbilt, Texas, the Nueces TITLE 33— NAVIGATION AND County bridge in Padre Island Causeway (25) Current River, Ark.; Arkansas Highway Department bridge at Biggers. NAVIGABLE WATERS across Humble Oil and Refining Com­ pany channel (Laguna M adre), and the The draw need not be opened for the Chapter II— Corps of Engineers, Texas Highway Department bridge passage of vessels, and paragraphs (b) Department of the Army across the Arroyo Colorado River at Rio to (e ), inclusive, of this section shall not Hondo, Texas, as follows: apply to this bridge. P art 203—B ridge R egu latio ns * * * * * § 203.245 Navigable waters discharg­ [Regs., November 2, 1955, 823.01-ENGWO] miscellaneous am endm ents ing into the Atlantic Ocean south of and (Sec. 5, 28 Stat. 362; 33 U. S. C. 499) hA*' ?ursuan^ to the provisions of sec including Chesapeake Bay and into the non 5 of the River and Harbor Act c [ seal] J o h n A. K l e in , G ulf of Mexico, except the Mississippi Major General, U. S. Army, ioov*5* 18,1894 (28 stat- 362» 33 u - S. < River and its tributaries and outlets; The Adjutant General. v § 203.245 governing the operatio bridges where constant attendance of [F. R. Doc. 55-9423; Filed, Nov. 23, 1955; i drawbridges where constant attend draw tenders is not required. * * * No. 229----- 3 ' 8:45 a. m.] 8674 FEDERAL REGISTER These related matters should be heard on a consolidated record and disposed of PROPOSED RULE MAKING as promptly as possible under the appli­ cable rules and regulations and to that end: DEPARTMENT OF AGRICULTURE marketing agreements and orders (7 Take further notice that, pursuant to CFR Part 900) notice is hereby given that the authority contained in and subject Agricultural Marketing Service the time for filing exceptions to the rec­ to the jurisdiction conferred upon the ommended decision of the Acting Deputy Federal “Power Commission by sections 17 CFR Part 1008 1 Administrator, Agricultural Marketing 7 and 15 of the Natural Gas Act, and the [Docket No. AO 275] Service, United States Department of Commission’s rules of practice and pro­ Agriculture, with respect to a proposed cedure, a hearing will be held on Jan­ H and ling of M i l k in th e I nland Em pire marketing agreement and order regulat­ uary 6, 1956, at 9:30 a. m., e. s. t., in a M i l k M arketing A rea ing the handling of milk in the Inland hearing room of the Federal Power Empire marketing area which was issued NOTICE OF EXTENSION OF TIME FOR FILING Commission, 441 G. Street NW., Wash­ -EXCEPTIONS TO RECOMMENDED DECISION November 1,1955 (20 F. R. 8295) is here­ ington, D. C., concerning the matters by extended until November 26, 1955. W IT H RESPECT TO A PROPOSED MARKETING invçlved in and the issues presented by AGREEMENT AND ORDER Dated; November 22, 1955. such applications: Provided, however, That the Commission may, aftér a non- Pursuant to the provisions of the Agri­ [ seal] R o y W. L en na rtso n , cultural Marketing Agreement Act of Deputy Administrator. contested hearing, dispose of the pro­ 1937, as amended (7 U. S. C. 601 et seq.), ceedings pursuant to the provisions of and the applicable rules of practice and [P. R. Doc. 55-9481; Filed, Nov. 22, 1955; section 1.30 (c) (1) or (c) (2) of the procedure governing the formulation of 12:30 p. m.] Commission’s rules of practice and pro­ cedure. Under the procedure herein provided for, unless otherwise advised, it will be unnecessary for Applicants to appear or be represented at the hearing. NOTICES Protests or petitions to intervene may be filed with the Federal Power Commis­ sion, Washington 25, D. C., in accord­ Docket No.; Location of Field in Which Gas ance with the rules of practice and pro­ Is Purchased and/or Produced; Purchaser FEDERAL POWER COMMISSION cedure (18 CFR 1.8 or 1.10) on or before [D o c k et No. G-8968 e tc.] G-8968; Produced and purchased from December 12, 1955. Failure of any Delhi Field, Richland Parish, Louisiana; party to appear at and participate in the Successor of Ed. E. H u r l e y et a l . Texas Eastern Transmission Corporation. hearing shall be construed as waiver of G-8996; Produced from Big Springs Field, and concurrence in omission herein of Denel County, Nebraska; Kansas-Nebraska NOTICE OF APPLICATIONS AND DATE OF the intermediate decision procedure in HEARING Natural Gas Company, Inc. G-9005; Produced from Hugoton Field, cases where a request therefor is made. Stevens County, Kansas; Northern N attirai N ovember 18,1955. [ seal] L eon M . F u q u a y, Gas Company. f . Secretary. In the matters of Successor of Ed. E. G-9013; Purchased and Produced from Hurley, Docket No. G-8968; Guy R. Cabell County, West Virginia; Southeastern [F. R. Doc. 55-9426; Filed, Nov. 23, 1955; Campbell, Docket No. G-8996; C. A. Gas Company. 8:45 a. m.] Peairs, Jr., Trustee, Mary W. Bottomly G-9014; Produced from Union and Jeffer­ and John S. Bottomly, Docket No. G - son Districts, Lincoln County, West Virginia; 9005; National Gas Corporation, Docket South Penn Natural Gas Company. No. G-9013; B. B. Jaynes, Trustee, G—9015; Produced from McComes District, [Docket No. G-6213] Cabell County, West Virginia; United Fuel Docket No. G-9014 ; Palmer Gas Com­ Gas Company. ^ _ U n io n P ac ific R ailroad C o. pany, Docket No. G-9015; Viney Gas G-9016; Produced from Sheridan District, Company, Docket No. G-9016; Clark Lincoln County, West Virginia; South Penn NOTICE OF APPLICATION AND DATE OF Curry, Docket No. G-9017; Apache Gaso­ Natural Gas Company. HEARING G-9017; Produced from Carrol District, line Company, Docket No. G-9064; W. G. N ovember 17,1955. Haun, Docket No.. G-9068; Albert S. Lincoln County, West Virginia, South Penn Take notice that Union Pacific Rail­ Clinkscales, Docket No. G-9101; Fred­ Natural Gas Company. G-9064; Purchased from West Brook Field, road Company, a Utah corporation (Ap­ erick Finnup, Docket No. G-9104; Sham­ Carter County, Oklahoma; Lone Star Gas plicant) , whose address is 1416 Dodge rock Oil and Gas Corporation, Docket Company. . ' , . -Street, Omaha 2, Nebraska, filed on G-9068;' Produced from Hugoton Field, No. G-9122; F. M. Late, Docket No. G - November 29, 1954, an application for a 9150; F. M. Late, Docket No. G-9151; Finney County, Kansas; Kansas-Nebraska Natural Gas Co., Inc. certificate of public convenience and ne­ F. M. Late, Docket No. G-9152 ; Michaelis G-9101; Produced from Hugoton Field, cessity pursuant to section 7 of the Nat­ Drilling Company, Docket No. G-9180; Texas County, Oklahoma; Northern Natural ural Gas Act, authorizing Applicant to Sherrod & Apperson, Docket No. G-9186. Gas Company. render service as hereinafter described, Take notice that there have been filed G-9104; Produced from Hugoton Field, subject to the jurisdiction of the Com­ Kearney and Finney Counties, Kansas; Kan­ with the Federal Power Commission ap­ mission, all as more fully represented m sas-Nebraska Natural Gas Co., Inc. the application which is on file with the plications for certificates of public con­ G—9122; Produced from West Panhandle Commission and open for public inspec- venience an necessity, pursuant to sec­ Field. Hutchinson County, Texas; Phillips tion 7 of the Natural Gas Act, authoriz­ Petroleum Co. tion. - ... G-9150; Produced from Levelland Field, Natural gas is produced from lanas ing the respective Applicants to rentier Cochran County, Texas; Llano Grande Cor­ owned or leased by Applicant in the service as hereinafter described subject poration. Church Buttes Field, South Baxter Basin G-9151; Produced from Levelland Field, to the jurisdiction of the Commission, all Field, and Middle Baxter Basin Field of as more fully represented in the respec­ Cochran County, Texas; Llano Grande Cor­ poration. ... Sweetwater and Uinta Counties, Wyo tive applications, which aré on file with G-9152; Produced from Levelland Field, ming, which is sold in interstate com­ the Commission and open for public in­ Cochran County, Texas; Llano Grande Cor­ merce to Mountain Fuel Supply Company poration. ~ i spection. fOX* r6SRil6 Each of the above-named Applicants G-9180; Produced from Hugoton Field, Haskel County, Texas; Colorado Interstate This matter is- one that should be dis­ produce and/or .purchase natural gas Gas Company. posed of as promptly as possible una which is_sold in interstate commerce for G-9186; Produced from Big Springs Field, the applicable rules and regulations a Goliad County, Texas; Wilcot Trend Gather­ transportation and for resale as indi­ to that end: cated below: ing System. Thursday, November 24, 1955 FEDERAL REGISTER 8675 . Take further notice that, pursuant to These related matters should be heard the authority contained in and subject These related matters should be heard on a consolidated record and disposed on a consolidated record and disposed to the jurisdiction conferred upon the of as promptly as possible under the ap­ Federal Power Commission by sections o f as promptly as possible under the ap­ plicable rules and regulations, and to plicable rules and regulations and to that 7 and 15 of the Natural Gas Act, and the that end: » end: Commission’s rules of practice and pro­ Take further notice that, pursuant to cedure, a hearing will be held on Decem­ Take further notice that, pursuant to the authority contained in and subject the authority contained in and subject ber 22, 1955, at 9:30 a. m., e. s. t., in a to the jurisdiction conferred upon the hearing room of the Federal Power Com­ to the jurisdiction conferred upon the Federal Power Commission by sections 7 Federal Power Commission by sections mission, 441 G Street NW., Washington, and 15 of the Natural Gas Act, and the D. C., concerning the matters involved in 7 and 15 of the Natural Gas Act, and the Commission’s rules of practice and pro­ Commission’s rules of practice and pro­ and the issues presented by such appli­ cedure, a hearing will be held on Decem­ cation: Provided, however, That the cedure, a hearihg will be held on Decem­ ber 22, 1955, at 9:40 a. m., e. s. t., in a ber 20, 1955, at 9:30 a. m., e. s. t., in a Commission may, after a non-contested hearing room of the Federal Power Com­ hearing, dispose of the proceedings, pur­ Hearing Room of the Federal Power mission, 441 G Street NW., Washington, Commission, 441 G Street NW., Wash­ suant to the provisions of section 1.30 D. C., concerning the matters involved in (c) (1) or (c) (2) of the Commission ’s ington, D. C., concerning the matters and the issues presented by such appli­ involved in and the issues presented by rules of practice and procedure. Under cations: Provided, however, That the the procedure herein provided for, unless such applications: Provided, however, Commission may, after a non-contested That the Commission may, after a non- otherwise advised, it will be unnecessary hearing, dispose of the proceedings pur­ for Applicant to appear or be represented contested hearing, dispose of the pro­ suant to the provisions of section 1.30 (c) ceedings pursuant to the provisions of at the hearing. (1) Qr (c) (2) of the Commission’s rules Protests or petitions to intervene may section 1.30 (c) (1) or (c) (2) of the of practice and procedure. Under the Commission’s rules of practice and pro­ be filed with the Federal Power Commis­ procedure herein provided for, unless sion, Washington 25, D. C., in accordance cedure. Under the procedure herein pro­ otherwise advised, it will be unnecessary vided for, unless otherwise advised, it with the rules of practice and procedure for Applicant to appear or be represented (18 CFR 1.8 or 1.10) on or before Decem­ will be unnecessary for Applicant to at the hearing. appear or be represented at the hearing- ber 16, 1955. Failure of any party to Protests or petitions to intervene may appear at and participate in the hearing Protests or petitions to intervene may be filed with the Federal Power Commis­ be filed with the Federal Power Com­ shall be construed as waiver of and con­ sion, Washington 25, D. C., in accordance currence in omission herein of the inter­ mission, Washington 25, D. C., in ac­ with the rules of practice and procedure cordance with the rules of practice and mediate decision procedure in cases (18 CFR 1.8 or 1.10) on or before Decem­ where a request therefor is made. procedure (18 CFR 1.8 or 1.10) on or be­ ber 16,1955. Failure of any party to ap­ fore December 15, 1955. Failure of any [ seal] . L eon M . F u q u a y , pear at and participate in the hearing party to appear at and participate in the Secretary. shall be construed as waiver of and con­ hearing shall be construed as waiver of currence in omission herein of the inter­ [P. R. Doc. 55-9427; Piled, Nov. 23, 1955; and concurrence in omission herein of 8:45 a.m .] mediate decision procedure in cases the intermediate decision procedure in where a request therefor is made. cases where a request therefor is made. [ seal] L eon M . F uqtjay, [ seal] L eon M . F u q u a y, ' Secretary. Secretary. [Docket No. G-6214 etc.] [F. R. Doc. 55-9428; Filed, Nov. 23, 1955; [F. R. Doc. 55-9429; Filed, Nov. 23, 1955; H enrietta Y eager J ones et a l . 8:45 a. m.] 8:45 a. m.] NOTICE OF APPLICATIONS AND DATE OF HEARING N ovember 17,1955. [Docket No. G-6881 etc.] [Docket No. G-6915] ugh c il l a n and ed h it e e t a l In the matters of Van Lewis, Attorney- H M M T M . W . N ueces R o y a l t y C o. in-fact, for Henrietta Yeager Jones, NOTICE OF APPLICATIONS AND DATE OF Dockets Nos. G-6214, G-6215; Nancy NOTICE OF APPLICATION AND DATE OF Lewis Welsh, et al., Docket No. G-6218; HEARING HEARING N ovember R. D. McDonald, Jr., Docket No. G-6902. 17, 1955. N ovember 17,1955. Take notice that the above-designated In the matters of Hugh McMillan and Take notice that Nueces Royalty Com­ Applicants filed applications docketed as Ted M. White Docket No. G-6881; W il­ pany, a partnership J. R. Howe, man­ above listed and as hereinafter tabu­ liam G. Webb, Docket No. G-6887; W. O. ager (Applicant), whose address is lated, for certificates of public conven­ McConnell Docket No. G-6888; Critchell South Texas Building, San Antonio, ience and necessity pursuant to section 7 Parsons, et al., Docket No. G-6908. Texas, filed on November 30, 1954, an of the Natural Gas Act, authorizing each Take notice that the above-designated application for a certificate of public Applicant to render service as shown in Applicants, hereinafter referred to singly convenience and necessity pursuant to the tabulation, subject to the jurisdiction and collectively as Applicant, whose re­ section 7 of the Natural Gas Act, au­ of the Commission, all as more fully spective addresses are as follows: Hugh thorizing Applicant to render service as stated in the applications which are on McMillan and Ted White, El Paso, hereinafter described, subject to the nle with the Commission and open to Texas; William G. Webb, Dallas, Texas; jurisdiction of the Commission, all as Public inspection. W. O. McConnell, Farmington, New more fully represented in the applica­ Mexico; Critchell Parsons, Dallas, Texas, tion which is on file with the Commis­ Applicants produce natural gas from filed on November 30, 1954, their respec­ gas fields located in Texas, as indicated sion and open for public inspection. tive applications for certificates of pub­ Applicant, an independent producer, .e an

Federal Power Commission by sections These related matters should be heard Commission’s rules of practice and pro­ 7 and 15 of the Natural Gas Act, and the on a consolidated record and disposed of cedure, a hearing will be held on Decem­ Commission’s rules of practice and pro­ as promptly as possible under the appli­ ber 27, 1955, at 9:40 a. m., e. s. t., in a cedure, a hearing will be held on Decem­ cable rules and regulations and to that hearing room of the Federal Power Com­ mission, 441 G Street NW., Washington, ber 22, 1955, at 9:50 a. m., e. s. t., in a end: hearing room of Federal Power Com­ Take further notice that, pursuant to D. C., concerning the matters involved mission, 441 G Street NW., Washington,' the authority contained in and subject in and the issues presented by such ap­ D. C., concerning the matters involved in to the jurisdiction conferred upon the plications: Provided, however, That the and the issues presented by such appli­ Federal Power Commission by sections Commission may, after a non-contested cation: Provided, however, That the 7 and 15 of the Natural Gas Act, and the hearing, dispose of the proceedings pur­ Commission may, after a non-contested Commission’s rules of practice and pro­ suant to the provisions of section 1.30 (c) hearing, dispose of the proceedings pur­ cedure, a hearing will be held on Decem­ (1) or (c) (2) of the Commission’s'rules suant to the provisions of section 1.30 ber'20, 1955, at 9:40 a. m., e. s. t., in a of practice and procedure. Under the (c) (1) or (c) (2) of the Commission’s Hearing Room of the Federal Power procedure herein provided for, unless rules of practice and procedure. Under Commission 441 G Street NW., Wash­ otherwise advised, it will be unnecessary the prQcedure herein provided for, unless ington, D. C., concerning the matters in­ for Applicant to appear or be represented otherwise advised, it will be unnecessary volved in and the issues presented by at the hearing. for Applicant to appear or be repre­ such applications: Provided, however, Protests or petitions to intervene may be filed with the Federal Power Commis­ sented at the hearing. That the Commission may, after a non- sion, Washington 25, D. C., in accord­ V protest or petitions to intervene may contested hearing, dispose of the pro­ ceedings pursuant to the provisions of ance with the rules of practice and pro­ be filed with the Federal Power Com­ section 1.30 (c) (1) or (c) (2) of $he cedure (18 CFR 1.8 or 1.10) on or before mission, Washington 25, D. C., in ac­ Commission’s rules of practice and pro­ December 20,1955. Failure of any party cordance with the Rules of Practice and cedure. Under the procedure herein to appear at and participate in the hear­ Procedure (18 CFR 1.8 or 1.10) on or provided for, unless otherwise advised, it before December 16, 1955. Failure of ing shall be construed as waiver of and will be unnecessary for Applicant to ap­ concurrence in omission herein of the any party to appear at and participate pear or be represented at the hearing. in the hearing shall be construed as intermediate decision procedure in cases Protests or petitions to intervene may where a request therefor is made. waiver of and concurrence in omission be filed with the Federal Power Commis­ herein of the intermediate decision pro­ sion, Washington 25, D. C., in accord­ [ seal] L eon M. F uq uay, cedure in cases where a request therfor ance with the rules of practice and pro­ Secretary. is made. cedure (18 CFR 1.8 or 1.10) on or before [F. R. Doc. 55-9432; Filed, Nov. 23, 1955; [ seal] L eon M. F u q u a y , December 15,1955. Failure of any party 8:46 a. m.] Secretary. to appear at and participate in the hear­ ing shall be construed as waiver of and [P. R. Doc. 55-9430; Piled, Nov. 23, 1955; concurrence in omission herein of the 8:46 a. m.] intermediate decision procedure in cases [Docket No. G-6919] where a request therefor is made. B en F. B rack et a l . _ [ seal] L eon M . F u q u a y, NOTICE OF APPLICATION AND DATE OF [Docket No. G-6946, etc.] Secretary. HEARING C o n t in e n t a l O i l C o . [F. R. Doc. 55-9431; Filed, Nov. 23, 1955; 8:46 a. m.] N ovember 18, 1955. n o t ic e of applications and date of Takè notice that Helen B. Dale, Joe HEARING E. Dale, Henry B. Brack, Ben F. Brack, N ovember 17, 1955. Lucille B. Grant, Bernard D. Grant, Dor­ [Docket Nos. G-6916—G-6918, G-6920] Take notice that Continental Oil Com othy M. Brack, Leland E. Brack and Anna pany (Applicant), a Delaware corpora B e n F. B rack O i l Co ., I n c . E. Brack, hereinafter referred to singly tion whose address is 608 Fannis St., and collectively, as (Applicant), whose NOTICE OF APPLICATIONS AND DATE address is 309 Brown Building, Wichita, Houston, Texas, filed on November 30, OF HEARING 1954, five applications for certificates of Kansas, filed on November 30, 1954, an public convenience and necessity in the N ovember 18,1955. application for a certificate of public above-designated dockets, pursuant to Take notice that Ben F. Brack Oil convenience and necessity pursuant to section 7 of the Natural Gas Act, author­ Company, Inc. (Applicant), a Kansas section 7 of the Natural Gas Act, author­ izing Applicant to render service as corporation whose address is Brown izing Applicant to render service as here­ hereinafter described, subject to the Building, Wichita, Kansas, filed on inafter described, subject to the jurisdic­ jurisdiction of the Commission, all as November 30, 1954, applications for tion of the Commission, all as more fully more fully represented in the application certificates of public convenience and represented in the application which is which is on file with the Commission and necessity in the above designated dock­ on file with the Commission and .open open for public inspection. ets, pursuant to section 7 of the Natural for public inspection. Applicant produces natural gas from Gas Act, authorizing Applicant to ren­ Applicant produces natural gas from various gas fields in Texas, Oklahoma, der service as hereinafter described, the Alefs Gas Field, Barton County, Louisiana, Wyoming and Montana, as subject to the application which is on file Kansas, and sells it to the Kansas- shown in the tabulation below, which gas with the Commission and open for public Nebraska Natural Gas Company, Inc., in is sold in interstate commerce to the inspection.. interstate commerce for resale. natural gas companies as indicated, for Applicant produces natural gas from This matter is one that should be dis­ resale. the Alefs and Ryan, Gas Fields in Barton posed of as promptly as possible under the applicable rules and regulations and Docket No.; Gas Field; County; State; and and Rush Counties, Kansas, which gas Name of Buyer is sold in interstate commerce to the to that end: Kansas-Nebraska Natural Gas Company, Take further notice that, pursuant to G-6946; Carthage; Panola; Texas; Texas Incorporated, for resale. the authority contained in and subject Gas Transmission Corporation. to the jurisdiction conferred upon the G-6949; Johnson; Cameron Parish; Lou­ These related matters should be heard sections isiana; United Gas Pipe Line Company. on a consolidated record and disposed of Federal Power Commission by G-6957; West Edmond; Canadian, King as promptly as possible under the appli­ 7 and 15 of the Natural Gas Act, and the Fisher, Logan, and Oklahoma; Oklahoma; cable rules and regulations and to that Commission’s rules of practice and pro­ Cities Service Gas Company. end: cedure, a hearing will be held on Decem­ G-6958; Elk Basin; Park, Carbon; Wyo­ Take further notice that, pursuant to ber 27, 1955, at 9:50 a. m., e. s. t., m » ming, Montana; Montana-Dakota Utilities Hearing Room of the Federal Power Company. the authority contained in and subject to the jurisdiction conferred upon the Commission, 441 G Street NW., W ash­ G-6959; Elk Basin; Park, Carbon; Wyo­ ington, D. C., concerning the matters in­ ming, Montana; Montana-Dakota Utilities Federal Power Commission by sections 7 Company. and 15 of the Natural Gas Act, and the volved in and the issues presented cy Thursday y November 24, 1955 FEDERAL REGISTER 8677 such application: Provided, however, Q—7019; Panhandle Eastern Pipe Line Co.: That the Commission may, after a non- Hugoton; Stevens; Kansas. d e p a r t m e n t o f agriculture contested hearing, dispose of the pro­ ceedings pursuant to the provisions of Thfese related matters should be heard Office of the Secretary on a consolidated record and disposed of section 1.30 (c) (1) or (c) (2) of the N o rth C ar o lin a Commission’s rules of practice and pro­ as promptly as possible under the ap­ cedure. Under the procedure herein plicable rules and regulations and to that DISASTER ASSISTANCE J DELINEATION OP AREA provided for, unless otherwise advised, end: AND DESIGNATION OP COUNTIES it will be unnecessary for Applicant to Take further notice that, pursuant to the authority contained in and subject Pursuant to Public Law 875, the Presi­ appear or be represented at the hearing. dent determined on August 13 and Protests or petitions to intervene may to the jurisdiction conferred upon the Federal Power Commission by sections 7 August 19, 1955, that major disasters be filed with the Federal Power Commis­ occasioned by hurricanes existed in the sion, Washington 25, D. C., in accordance and 15 of the Natural Gas Act, and the Commission’s rules of practice and pro­ State of North Carolina. with the rules of practice and procedure Pursuant to the authority delegated to (18 CFR 1.8 or 1.10) on or before Decem­ cedure, a hearing will be held on Decem­ ber 27, 1955, at 9:30 a. m., e. s. t., in a nae by the Administrator, Federal Civil ber 22,1955. Failure of any party to ap­ Defense Administration (18 F. R. 4609* pear at and participate in the hearing hearing room of the Federal Power Commission, 441 G Street NW „ Wash­ 19 F. R. 2148; 19 F. R. 5364; and 20 F. R. shall be construed as waiver of and con­ 4664), and for the purposes of section currence in omission herein of the inter­ ington, D. C., concerning the matters involved in and the issues presented by 2 (d) of Public Law 38, 81st Congress, as mediate decision procedure in cases amended by Public Law 115, 83d Con­ where a request therefor is made. such applications: Provided, however, That the Commission may, after a non- gress, and section 301 of Public Law 480, [seal] L eon M . F uqua y, contested hearing, dispose of the pro­ 83d Congress, the following named coun­ Secretary. ceedings pursuant to the provisions of ties in the State of North Carolina were on October 7, 1955, determined to be the [P. R. Doc. 55-9433; Piled, Nov. 23, 1955; section 1.30 (c) (1) or (c) (2) of the 8:46 a. m.] Commission’s rules of practice and pro­ area affected by the major disasters of cedure. Under the procedure herein hurricanes for said purposes: provided for, unless otherwise advised, North Carolina it will be unnecessary for Applicant to Beaufort. [Docket Nos. G-7005— 0-7017, 0-7019] appear or be represented at the hearing. Hyde. Carteret. Pamlico. C o lu m b ian F uel Corp. Protests or petitions to intervene may Gravea. Tyrell. be filed with the Federal Power Com­ Dare. Washington. NOTICE OP APPLICATIONS AND DATE OP mission, Washington 25, D. C., in ac­ HEARING cordance with the rules of practice and Done at Washington, D. C., this 18th day of November 1955. N ovember 18,1955. procedure (18 CFR 1.8 or 1.10) on or Take notice that. Columbian Fuel before December 20, 1955. Failure of [ seal] T rue D. M orse, Corporation (Applicant), a Delaware any party to appear at and participate Acting Secretary. corporation whose address is 380 Madi­ in the hearing shall be construed as son Avenue, New York City, New York, waiver of and concurrence in omission [F. R. Doc. 55-9444; Filed, Nov. 23, 1955; 8:48 a. m.] field on November 30,' 1954, fourteen herein of the intermediate decision pro­ applications for certificates of public con­ cedure in cases where a request therefor venience and necessity pursuant to sec­ is made. tion 7 of the Natural Gas Act, authoriz­ DEPARTMENT OF COMMERCE [ seal] L eon M . F u q u ay, ing Applicant to render service as here­ Secretary. Federal Maritime Board a ft e r described, subject to the juris­ diction of the Commission, all as more [P. R. Doc. 55-9434; Piled, Nov. 23, 1955; M ember L in e s o p P ac ific W estbound fully represented in the applications 8:46 a. m.] C onference et a l. which are on file with the Commission NOTICE OP AGREEMENTS FILED WITH THE and open for public inspection. BOARD FOR APPROVAL Applicant produces natural gas from various gas fields in several counties and [Docket No. G—9266] Notice is hereby given that the fol­ lowing described agreements have been states which it sells to various natural gas D a y t o n P o w er and L ig h t C o . companies in interstate coffimerce for filed with the Board for approval pur­ suant to section 15 of the Shipping Act, resale. Natural gas which is produced NOTICE OF APPLICATION 1916, as amended; 39 Stat. 733,46 U. S.C. by Applicant and sold as aforesaid, are N ovember 18, 1955. 814. as follows: Take notice that the Dayton Power (1) Agreement No. 57-59, between the Docket No.; Name of Purchaser; Gas Field; and Light Company (Applicant), filed on member lines of the Pacific Westbound County; and State August 26, 1955, an application, pursu­ Conference, modifies the Appendix to 0-7005; Panhandle Eastern Pipe Line Co.: ant to Section 7 (a) of the Natural Gas the basic conference agreement (No. 57) Hugoton; Grant; Kansas. Act, for an order directing Ohio Fuel in order to implement the reorganiza­ n .irl006’ Col°rado Interstate Gas Company; Gas Company (Ohio Fuel) to establish a tion of the conference; i. e., consolida­ (eight counties); Kansas. physical connection of its transmission tion of the Southern and Northern Dis­ ttr. Cities Service Gas Company; Hu­ facilities with the proposed distribution tricts with headquarters at San Fran­ goton; Grant; Kansas. facilities of Applicant and to supply cisco. Tp ~700^.:, K entucky-West Virginia Gas C o.;' natural gas to Applicant for resale in the (2) Agreement No. 8055; between Mat- p 1 ’ Plke: Kentucky. Village of West Liberty, Ohio. counting’ United Fuel Gas Company; (nine son Navigation Company and Compagnie ounties); Kentucky. Protests or petitions to intervene may Generale Transatlantique, covers the Colorado-Interstate Gas Com- be filed with the Federal Power Commis­ transportation of canned pineapple on ^ H u g o to n ; (four counties); Kansas. sion, Washington 25, D. C., in accord­ through bills of lading from Hawaii to Hupn+~ ™ ugoton Plains Gas and Oil Co.; ance with the rules of practice and pro­ Europe, with transshipment at ports on G-7m :.TeXas: Gkiahoma. cedure (18 CFR 1.8 or 1.10) on or be­ the Pacific Coast of the United States. Co • Kansas Nebraska Natural Gas fore December 5, 1955. Failure of any Interested parties may inspect these t0n; Texas: Oklahoma. party to appear at and participate in the agreements and obtain copies thereof at HugotnT?-’Q+Citles Service Gas Company; hearing shall be construed as a waiver of g2w??: Stevens: Kansas. the Regulation Office, Federal Maritime Hugotorv’ 2iorthern Natural Gas Company; and concurrence in omission herein of Board, Washington, D. C., and may sub­ T P ™ 1- Texas; Oklahoma. the intermediate decision procedure in mit, within 20 days after publication of HugotonV * orthern Natural Gas Company; cases where a request therefor is made. this notice in the F ederal R egister, C^7o i« K ?,arny: Texas. * [SEAL] written statements with reference to pany Hl’ 0.Color’ad°-Interstate Gas Com- L eon M . F u q u a y , Secretary. either of the agreements and their posi­ G-7o?7.8° ^ n= Haskell= Kansas. tion as to approval, disapproval, or Hugoton;’ Steven^; ° aS Company; [F. R. Doc. 55-9435; Filed, Nov. 23, 1955; modification, together with request for 8:46 a. m.] hearing should such hearing be desired. 8678 NOTICES

By order of the Federal Maritime 64 Stat. 80 (1950), 12 U. S. C. 1952 ed. 1701c; The determination of the Secretary on Delegation of Authority effective December the application will be published in the Board. 23,1954 (20 F. R. 428-9, 1-19-55) as amended F ederal R egister. A separate notice will Dated: November 18, 1955. effective June 17, 1955 (20.P. R. 4275, 6-17- be sent to each interested party of 55)) [ seal] A. J. W illiam s, record. Secretary. Effective as of the 27th day of October The lands involved in the application are: [P. R. Doc. 55-9459; Piled, Nov. 23, 1955; 1955. . John P. M cCollum , 8:49 a. m.] B l a c k H i l l s P r i n c i p a l M e r id ia n Regional Administrator, Region IV. BLACK HILLS NATIONAL FOREST [P. R. Doc. 55-9456; Piled, Nov. 23, 1955; Castle Peak Camp Ground: Maritime Administration 8:48 a. m.] T. 1 N., R. 3 E„ Sec. 2: NW%. Certain T rade R outes Total area 160 acres. Cheese Hill Camp Ground: ESSENTIALITY AND UNITED STATES FLAG DEPARTMENT OF THE INTERIOR T. 1 N., R. 4 E., SERVICE REQUIREMENTS; CONCLUSIONS Sec. 7: Ei/2NW»4. ' AND DETERMINATIONS Bureau of Land Management Total area 80 acres. 100 P Organization Camp : A laska Notice is hereby given that the Mari­ T. 3 N., R. 5 E., time Administrator has considered the NOTICE FOR FILING OBJECTIONS TO TRANS­ Sec. 20: N E ^ S W ^ . comments and views submitted by inter­ FER OF JURISDICTION OF INTEREST Total area 40 acres. ested persons, firms or corporations with Oreville Picnic Ground: respect to his conclusions and determi­ N ovember 16, 1955. T. 2 S., R. 4 E., nations regarding the essentiality and Notice is hereby given that the Office Sec. 14: W ^ N W ^ N E ^ , Ei/2NW&. United States flag service requirements of Territories, Department of the In­ Total area 100 acres. of the following United States foreign terior, has made an application, Fair­ R. D. N ielson, trade routes as published in the F ederal banks 012860, for transfer of jurisdiction State Supervisor. R egister issues on the respective dates of interest to the Office of Territories of [P. R. Doc. 55-9425; Piled, Nov. 23, 1955; indicated below: the following property: 8:45 a. m.] 1. Trade Routes Nos. 5, 7 and 9—June Commencing at the northwest corner of 22, 1955 (20 F. R. 4374) ; Lot 13, Block 4W, Tok Townsite, U. S. Survey 2. Trade Route No. 10—June 16, 1955 No. 2931: thence, N. 9° 02' E„ 80 feet across INTERSTATE COMMERCE (20 F. R. 4231) : First Avenue West to the true point of begin­ COMMISSION 3. Trade routes Nos. 16 and 17—March ning: thence continuing N. 9° 02' E. along east line of West Second Street 300 feet: 29, 1955 (20 F. R. 1900) ; . thenee S. 80° 58' E. along the south line of F ourth Section A pplications For 4. Trade Route No. 25—June 18, 1955 Second Avenue West 400 feet: thence S. R elief (20 F. R. 4309) ; and go 02' W. along the west line of West First N ovember 21, 1955. 5. Trade Route No. 27—June 14, 1955 Street 300 feet: thence N. 80° 58' W. along <20 F. R. 4164). the north line of First Avenue West 400 feet Protests to the granting of an appli­ to true point of beginning, containing about cation must be prepared in accordance and has directed that the conclusions' 2.75 acres. with Ride 40 of the General Rules of and determinations with respect to said The purpose of this notice is to give Practice (49 CFR 1.40) and filed within trade routes as published in the above- persons having a bona fide objection to 15 days from the date of publication of mentioned issues of the F ederal R egister the transfer the opportunity to file with this notice in the F ederal R egister. shall stand unchanged. the Manager of the Land Office, Fair­ LONG-AND-SHORT HAUL By order of the Maritime Admin­ banks, Alaska, a protest within 30 days istrator. from the date of the notice, together FSA No. 31334: Fertilizer from Ohio with evidence that a copy of the protest to the South. Filed by H. R. Hinsch, Dated: November 18, 1955. has been served on the Director, Alaska Agent, for interested rail carriers. Rates on fertilizer and fertilizer mate­ ( seal3 A. J. W illiam s, Public Works, Juneau, Alaska. Secretary. rials, carloads, from Lima and Fernald, R oger R. R obinson, Ohio to points in southern territory. [P. R. Doc. 55-9460; Piled, Nov.’ 23, 1955; Acting Area Administrator. Grounds Tor relief: Short-line dis­ 8:49 a. m.] [F. R. Doc. 55-9424; Filed, Nov. 23, 1955; tance formula, circuity, and market 8:45 a. m.] competition. Tariff: Agent Boin’s tariff I. C. C. No. HOUSING AND HOME A-1075. . . FINANCE AGENCY FSA No. 31335: Magazines and period­ South Dakota icals to New Orleans, ha. Filed by Office of the Administrator NOTICE OF PROPOSED WITHDRAWAL AND C. W. Boin, Agent, for interested rail carriers. Rates on magazines and R egional D irector of U rban R enewal RESERVATION OF LANDS periodicals, also magazine parts or sec­ and P roject R epresentatives, R egion N ovember 18, 1955. tions carloads, from Dunellen, New York, IV (C hicago) The U. S. Forest Service, Department Brooklyn, N. Y., Philadelphia and Darby, redelegation of authority to approve of Agriculture has filed an application, Pa., to New Orleans, La. THIRD PARTY CONTRACTS WITH RESPECT Serial No. Montana 020881 (S D ), for the Grounds for relief; Truck and water ' TO SLUM CLEARANCE AND URBAN RENEWAL withdrawal of the lands described below, competition. , PROGRAM from location and entry under the gen­ Tariff: Supplement 1 to Agent Bom s The Regional Director of Urban Re­ eral mining laws. The applicant desires I C C A—1079. newal of Region IV (Chicago) and the land for campgrounds, an organiza­ FSA No. 31336: Cottonseed oil cake and Project Representatives of Region IV tion camp and a picnic ground. meal to Lynchburg, Va. Filed by R- are authorized to approve contracts be­ For a period of thirty days from the Boyle, Jr., Agent, for interested rail car­ tween local public agencies and third date of publication of this notice, per­ riers. Rates on cottonseed oil cake or parties, with respect to the program sons having cause may present their oil cake meal; cottonseed oil meal ana authorized under Title I of the Housing objections in writing to the undersigned soybean oil meal; peanut oil cake or o Act of 1949, as amended (63 Stat. 414- official of the Bureau of Land Manage­ cake meal, and soybean oil cake or mea > 421, as amended, 42 U. S. C. 1450-1460) ment, Department of the Interior, 1245 straight or mixed carloads from Augus , and under Section 312 of the Housing North 29th Street, Billings, Montana. Ga., Columbia and Greenwood, S. L., Act of 1954 (68 Stat. 629). I f circumstances warrant it, a public Grounds for relief: Motor truck com (Reorg. Plan No. 3 of 1947, 61 Stat. 954 hearing will be held at a convenient time (1947; 62 Stat. 1283 (1948), as amended by and place, which will be announced. petition and cireuity. Thursday, November 24, 1955 FEDERAL REGISTER 8679 Tariff: Supplement 36 to Agent Span- whether to set the matter dojra for hear­ sell on the market any remaining shares inger’s I. C. C. No. 1411. ing. Such request should state briefly FSA No. 31337: Merchandise front for the account of such exchanging the nature of the interest of the person stockholders of Penn. The fees and ex­ Howells Transfer, Ga. Piled by R. E. making the request and the position he Boyle, Jr., Agent, for. interested rail car­ penses of the Agent will be paid by proposes to take at the hearing. In ad­ National. riers. Rates on various commodities in dition, any interested person may submit National requests exemption from the mixed carloads from Howells Transfer, his views or any additional facts bearing Ga., to Cincinnati, Ohio, Memphis, Tenn., competitive bidding requirements. of on this application by means of a letter Rule U-50 and also proposes to send cer­ East St. Louis, 111., and St. Louis, Mo. addressed to the Secretary of the Securi­ Grounds for relief: Carrier competi­ tain solicitation material to the stock­ ties and Exchange Commission, Wash­ holders of Penn relating to the exchange. tion, short-line distance formula, and ington 25, D. C. I f no one requests a circuity. A public hearing having been held hearing on this matter, this application after appropriate notice, the Commis­ Tariff: Supplement 21 to Agent Span- will be determined by order of the Com­ inger’s I. C. C. 1458. sion having examined the record and mission on the basis of the facts stated in having this day made and filed its Find­ FSA No. 31338: Citrus fru it from Flor­ the application and other information ida to Fort Smith, Ark. Piled by R. E. ings and Opinion herein: contained in the official file of the Com­ I t is ordered, On the basis of said Boyle, Jr., Agent, for interested rail mission pertaining to the matter. carriers. Rates on citrus fruit, carloads Findings and Opinion and the applicable from points in Florida to Fort Smith, Ark. By the Commission. provisions of the Act and the Rules thereunder that said application-decla­ Grounds for relief: Motor truck com­ [SEAL] O rval L. D u B o is , petition and circuity. ration, as amended, be, and the same Secretary. hereby is, granted and permitted to be­ Tariff : Supplement 72 to Agent Span- [F. R. Doc. 55-9436; Filed, Nov. 23, 1955; inger’s I. C. C. 1211. come effective forthwith, subject to the 8:46 a. m] terms and conditions contained in Rule FSA No. 31339: Fertilizer solutions U-24. from Tuscola, III., to South. Piled by R. G. Raasch, Agent, for interested rail By the Commission. carriers. Rates on fertilizer ammoniat- [File No. 70-3405] [SEAL] O rval L. D uB o is, ing solution and nitrogen fertilizer solu­ N a t io n a l F u el G as Co. tion, tank-car loads from Tuscola, 111., Secretary. ORDER GRANTING APPLICATION AND PER­ to points in southern territory. [F. R. Doc. 55-9437; Filed, Nov. 23, 1955; Grounds for relief: Short-line distance MITTING DECLARATION TO BECOME EFFEC­ 8:47 a. m.] formula and circuity. TIVE Tariffs: Supplement No. 52 to Agent N ovember 17, 1955. Raasch’s I. C. C. 784; Supplement No. 67 National Fuel Gas Company (“Na­ to Agent Raasch’s I. C. C. 776. tional” ), a registered holding company, [File No. 70-3415] FSA No. 31340: Iron or steel billets having filed an application-declaration N e w E ngland E lectric Sy s t e m and from Steelton, Ky., to Texas. Piled by and an amendment thereto pursuant to W e ym o u t h L ig h t and P o w er Co. P. C. Kratzmeir, Agent, for interested sections 6, 7, 10, 12 (e) and 12 (f) of the rail carriers. Rates on iron or steel Public Utility Holding Company Act of ORDER AUTHORIZING ISSUANCE AND SALE OF billets, other than copper clad, carloads 1935 ( “act” ) , and Rules U-43, U-50 and COMMON STOCK BY SUBSIDIARY PURSUANT from Steelton, Ky!, to Beaumont and U-62 promulgated thereunder, regarding TO RIGHTS OFFERING, AND ACQUISITION OF Houston, Tex. certain proposed transactions, which are SUBSIDIARY’S STOCK BY PARENT COMPANY summarized as follows: Grounds for relief: Truck and barge N ovember 18,1955. competition. National owns 387,308 shares (62.26 Tariff: Supplement 20 to Agent Kratz- percent) of the common stock of its N e w England Electric System meir’s I. c. C. 4170. utility subsidiary, Pennsylvania Gas (“NEES”), a registered holding com­ pany, and its public-utility subsidiary By the Commission. Company ( “Penn” ), the remaining 234,- 772 shares of common stock of Penn Weymouth Light and Power Company (“Weymouth”) have filed a joint appli­ ^SEAL1 H arold D. M cCo y , being held by approximately 850 minor­ . Secretary. ity stockholders. cation and an amendment thereto pur­ National proposes to offer to all the suant to sections 6 (b ), 9 (a ), and 10 of [F. R. Doc. 55-9447; Filed, Nov. 23, 1955; the Public Utility Holding Company Act 8:48 a. m.] minority stockholders of Penn, including Horace Crary who is a director of Penn of 1935 (“act”) regarding the following proposed transactions: and an affiliate of Penn and National, Weymouth, which presently has out­ SECURITIES AND EXCHANGE an opportunity to exchange their shares of Penn’s common stock for shares of standing 65,191 shares of capital stock COMMISSION National’s common stock on the basis of (par value $25 per share) and $2,850,000 of notes payable to NEES, proposes to is­ [File No. 7-1769] 1.45 shares of National’s stock for 1 share sue and sell for caslf 32,595 additional of Penn’s stock. If the exchange is ac­ R epublic A viation Corp. shares at the price of $42 per share, on cepted by all the minority stockholders, the basis of one new share for each two notice of application for unlisted National will be required to issue 340,419 shares presently outstanding, and to ap­ trading privileges, and of opportunity shares of its common stock, $10 par FOR HEARING value. ply the proceeds thereof (amounting to $1,368,990) to the payment of a like N ovember 17, 1955. The offer is to be made within a period amount of said notes. Rights to sub­ Phn of the.Se- National Bank of Warren, Pennsylvania, X-19P iExchange Act of 1934 and Rule to subscribe for 32,495 additional shares made "¡L Promulgated thereunder, has will be appointed as Agent for the ex­ to which it will be entitled, and (2) to PriviW ^hcatlon *or unlisted trading changing Penn stockholders, and frac­ purchase from Weymouth any unsub­ tional interests in shares of National is lister?6^ ^ the specifled security, which scribed shares at the subscription price stock will be consolidated and full shares of $42 per share. NEES states that dur­ stock L T a S ? tered ° n the New YOrfc therefor will be issued to such Agent. ing the subscription period it will offer Upon receipt of orders from Penn stock­ Decemhf' ° f a request, on or before to purchase from minority stockholders holders, the Agent will buy or sell the (5 in number, holding 201 shares) their Person k tl 5’ 1955> from any interested fractional interests, matching buy and ’ no Commission will determine present holdings, together with their sell orders as far as possible, and will rights to subscribe for additional shares, 8680 NOTICES J osefa K a u fm a n n on the basis of $60 per share. NEES will DEPARTMENT OF JUSTICE use treasury funds for its proposed ac­ NOTICE OF INTENTION TO RETURN VESTED quisitions. Office of Allen Property PROPERTY Weymouth and NEES desire to con­ K urt W erner Pursuant to section 32 (f) of the Trad­ summate the proposed issue and sale of ing With the Enemy Act, as amended, additional capital stock in order to NOTICE OF INTENTION TO RETURN VESTED PROPERTY notice is hereby given of intention to finance permanently a portion of the return, on or after 30 days from the date capitalizable additions to Weymouth’s Pursuant to section 32 (f) of the of publication hereof, the following prop­ plant through the issuance of equity Trading With the Enemy Act, as amend­ erty, subject to any increase or decrease securities. NEES also desires to invest ed, notice is hereby given of intention to resulting from the administration there­ funds not otherwise required in its busi­ return, on or after 30 days from the date of prior to return, and after adequate ness in acquiring the minority interest in of publication hereof, the following prop­ provision for taxes and conservatory Weymouth. erty, subject to>ny increase or decrease expenses: The Massachusetts Department „ of resulting from the administration there­ Public Utilities, the regulatory commis­ of prior to return, and after adequate Claimant, Claim No., Property, and Location sion of the State in which Weymouth is provision for taxes and conservatory Josefa Kaufmann, Furth b. Krems, Nieder- organized and doing business, has ap­ expenses: Osterreich, (Lower Austria), Claim No. 42069, Vesting Order No. 3265; $2,907.99 in the Treas­ proved the issuance and sale of the addi­ Claimant, Claim No., Property, and Location tional shares by Weymouth, and the sale ury of the United States. of any unsubscribed shares to NEES, at Kurt Werner, Guardian for Ina-Susanne Werner, minor, Hamburg, Germany, Claim Executed at Washington, D. C., on a price of $42 per share. No. 41922, Vesting Order No. 104; $1,135.94 in November 17,1955 Due notice having been given of the the Treasury of the United States. filing of said amended application, and For the Attorney General. Executed at Washington, D. C., on a hearing not having been requested of or [ seal] P a u l V. M y r o n , ordered by the Commission; and the November 17, 1955. Deputy Director, Commission finding with respect to the For the Attorney General. Office of Alien Property. proposed transactions that the appli­ cable provisions of the Act and the Rules [ seal] P a u l V. M y r o n , [F. R. DOC. 55-9454; Piled, NOV. 23, 1955; Deputy Director, 8:48 a. m.J thereunder are satisfied and that no ad­ Office of Alien Property. verse findings are necesary; and deem­ ing it appropriate in the public interest [P. R.‘ Doc. 55-9452; Piled, Nov. 23, 1955; and in the interest of investors and con­ 8:48 a. m.] sumers that the amended application be E lv ira D e B aguer granted, effective forthwith: NOTICE OF INTENTION TO RETURN VESTED I t is ordered, Pursuant to Rule U-23 PROPERTY and the applicable provisions of the Act, C ar o lin e Ch arlo tte (L o lette ) I nvald vo n W aldtren Sugar Pursuant to section 32 (f) of the that said application as amended be, and Trading With the Enemy Act, as amend­ it hereby is, granted, effective forthwith, NOTICE OF IN TE N TIO N TO RETURN VESTED ed, notice is hereby given of intention subject to the conditions prescribed in PROPERTY Rule U-24. to return, on or after 30 days from the Pursuant to section 32 ( f ) of the Trad­ date of publication hereof, the following By the Commission. ing With the Enemy Act, as amended, property, subject to any increase or de­ [ se al] O rval L. D u B o is , notice is hereby given of intention to crease resulting from the administra­ Secretary. return, on or after 30 days from the date tion thereof prior to return, and after of publication hereof, the following [F. R. Doc. 55-9438; Piled, Nov. 23, 1955; property, subject to any increase or de­ adequate provision for taxes and con­ 8:47 a. m.] crease resulting from the administration servatory expenses: thereof prior to return, and after ade­ Claimant, Claim No., Property, and Location SMALL BUSINESS ADMINISTRA­ quate provision for taxes and conserva­ Elvira De Baguer, Corizia, Italy, Claim No. tory expenses: 62869, Vesting Order No, 12248; $3,628.75 in TION Claimant, Claim No., Property, and Location the Treasury of the United States, and 3 Hungarian Land Mortgage Institute Sinking [Declaration of Disaster Area 72, Amdt. 1] Caroline Charlotte (Lolette) Invald von Fund Land Mortgage Gold Bond^DomJ M assachusetts Waldtren Sugar, Paris, France, Claim No. Bonds 7%%, Series B, due May 1, 1961’ 56987, Vesting Order No. 1124; $49,054.35 in $1,000 face value each, Certificate Nos. BM- am endm ent to declaration of disaster the Treasury of the United States. All right, 258, BM259, and BM1384, with coupons No­ AREA title, interest and claim of any kind or vember 1, 1940, and subsequent coupons character whatsoever of Caroline Charlotte 1. Declaration of Disaster Area 72 attached, presently in the custody of tne* (Lolette) Invald von Waldtren Sugar in and Federal Reserve Bank of New York. dated October 17, 1955 for the State of to the estate of Anne W. Penfield, deceased. Massachusetts is hereby amended by Executed at Washington, D. C., on Executed at Washington, D. C., on adding the County of Worcester to the November 18, 1955. November 17,1955. Counties referred to in paragraph 1 of For the Attorney General. said Declaration. For the Attorney General. [ seal] P a u l V. M y r o n , Dated: November 10,1955. [ seal] P a u l V. M y r o n , Deputy Director, Deputy Director, W endell B. B arnes, Office of Alien property. Administrator. Office of Alien Property. [P. R. Doc. 55-9455; Piled, Nov. 23, 1955; [P. R. Doc. 55-9453; Filed, Nov. 23, 1955; [P. R. Doc. 55-9451; Filed, Nov. 23, 1955; 8:48 a. m.] 8:48 a. m.] 8:48 a. m.]