FEDERAL« REGISTER

VOLUME 4 \ 1934 < P NUMBER 175

Washington, Tuesday, September 12, 1939

The President E x po r t o f A r m s, A m m u n i t io n , and I m ­ CONTENTS p l e m e n t s o f W ar to C anada THE PRESIDENT B Y THE PRESIDENT OF THE UNITED STATES Page Pr o c la im in g t h e N e u t r a l it y o f t h e OF AMERICA Proclamations: U n it e d S tates i n t h e W ar B e t w e e n Cache National Forest, Idaho- A PROCLAMATION G e r m a n y , o n t h e O n e H a n d , and Utah, lands added------3860 Chattahoochee National Forest, C anada, o n t h e O t h e r H and WHEREAS section 1 of the joint res­ Ga., lands added------3859 olution of Congress approved May 1, BY THE PRESIDENT OF THE UNITED STATES Export of arms, ammunition, 1937, amending the joint resolution en­ OF AMERICA and implements of war to titled “Joint resolution providing feu* the Canada______3857 A PROCLAMATION prohibition of the export of arms, am­ Proclaiming neutrality of United munition, and implements of war to WHEREAS.a state of war unhappily States in war between Ger­ belligerent countries; the prohibition of exists between Germany, on the one many and Canada------3857 the transportation of arms, ammunition, hand, and Canada, on the other hand; Shawnee National Forest, 111., and implements of war by vessels of the NOW, THEREFORE, I, FRANKLIN establishment______;------3860 United States for the use of belligerent D. ROOSEVELT, President of the United World’s Fair, New York City, States of America, in order to preserve states; for the registration and licens­ participation by foreign na­ ing of persons engaged in the business the neutrality of the United States and tions in 1940______3858 of manufacturing, exporting, or import­ of its citizens and of persons within its Executive Orders: ing arms, ammunition, or implements territory and jurisdiction, and to en­ Army, authorizing an increase of war; and restricting travel by Amer­ force its laws and treaties, and in order in the strength of------3863 ican citizens on belligerent ships during that all persons, being warned of the Enforcement of neutrality of war”, approved August 31, 1935, as general tenor of the laws and treaties of United States, prescribing amended February 29, 1936, provides in the United States in this behalf, and of regulations governing------3863 part as follows: the law of nations, may thus be pre­ Executive Office of the Presi­ vented from any violation of the same, “ Whenever- the President shall find dent, establishing the divi­ do hereby declare and proclaim that alt that there exists a state of war between, sions of; defining functions 9f the provisions of my proclamation of or among, two or more foreign states, and duties------— 3864 September 5, 1939,1 proclaiming the neu­ the President shall proclaim such fact, Federal Bureau of Investigation, trality of the United States in a war and it shall thereafter be unlawful to Department of Justice, au­ between Germany and France; Poland; export, or attempt to export, or cause to thorizing increases in per­ and the United Kingdom, India, Aus­ be exported, arms, ammunition, or im­ sonnel o f ------3864 tralia and New Zealand apply equally in plements of war from any place in the Navy and Marine Corps, author­ respect to Canada. United States to any belligerent state izing increases in the en­ IN WITNESS WHEREOF, I have here­ named in such proclamation, or to any listed strengths of------3863 unto set my hand and caused the Seal of neutral state for transshipment to, or Protection of American citizens of the United States of America to be for the use of, any such belligerent in foreign countries during affixed. state.” existing emergency, making DONE at the city of Washington this funds available for______3863 10th day of September, in the year of our AND WHEREAS it is further provided by section 1 of the said joint resolution RULES, REGULATIONS, Lord nineteen hundred and that ORDERS [ seal] thirty-nine, and of the Inde­ pendence of the United States of “The President shall, from time to T it l e 7-«-A g r ic u l t u r e : America the one hundred and sixty- time, by proclamation, extend such em­ Agricultural Adjustment Ad­ fourth.' bargo upon the export of arms, ammuni­ ministration: F r a n k l in D R o o sevelt • tion, or implements of war to other Agricultural conservation pro­ By the President: states as and when they may become in­ gram bulletin, 1940------3867 volved in such war.” Cotton price adjustment pay­ C o rdell H u l l ' ment plan, 1937, Amend­ Secretary of State. NOW, THEREFORE, I, FRANKLIN D. ment 4------— 3882 ROOSEVELT, President of the United [No. 23591 Price adjustment program States of America, acting under and by regulations, 1939, Supple­ [F. R. Doc. 39-3324; Filed, September 11, 1939; virtue of the authority conferred upon 12:27 p. m.] ment 6------3882 me by the said joint resolution, do hereby 14 FJR. 3809 DI. proclaim that all of the provisions of my (Continued on next page) KANSAS STATE 3857 LIBRARY SEP 1 4 1939 3858 FEDERAL ¿REGISTER, Tuesday, September 12, 1939

tS . *5’1*1 CONTENTS— Continued W o r ld ’s F a ir , N e w Y ork C it y

NOTICES BY THE PRESIDENT OF THE UNITED STATES FEDERALMREGISTER Federal Communications Com­ OF AMERICA mission: A PROCLAMATION Notice of hearings: Page WHEREAS there is now in progress at Radiomarine Corporation of New York City a World’s Fair for the Published by the Division of the Federal America (W BL and purpose of celebrating the one hundred Register, The National Archives, pursuant to WCY)-, applications of 3884 and fiftieth anniversary of the inaugu­ the authority contained in the Federal Western Union Telegraph CO., Register Act, approved July 26, 1935 (49 ration of the first President of the Stat. L. 500), under regulations prescribed restriction of rates to in- United States of America and of the es­ dividuals b y ______3884 by the Administrative Committee, with the tablishment of the national government approval of the President. Federal Power Commission: in the city of New York; and The Administrative Committee consists of Hearings: the Archivist or Acting Archivist, an officer WHEREAS it has been made evident of the Department of Justice designated by Manson, D. Edgar___ !______3885 that through the medium of the World’s the Attorney General, and the Public Printer Natural-gas companies, uni­ Fair at New York peaceful intercourse or Acting Public Printer. form system of accounts» 3885 The daily issue of the Federal Register between nations is promoted, and the will be furnished by mail to subscribers, free New England Power Co. (post­ exchange of ideas, experience, and tech­ of postage, for $1 per month or $10 per year; ponement) ____ 3885 nical knowledge between many parts of single copies 10 cents each; payable in ad­ Securities and Exchange Commis­ the earth has been encouraged; and vance. Remit by money order payable to sion; Superintendent of Documents, Government WHEREAS, especially at the present Printing Office, Washington, D. C. Huntington Development and time, it is fitting and proper that the Correspondence concerning the publica­ Gas Co., Columbia Gas & ideal of peaceful intercourse be firmly tion of the Federal R egister should be ad­ Electric Corp., order rela­ dressed to the Director, Division of the maintained as offering the only ultimate Federal Register, The National Archives, tive to declaration, etc_____ 3885 hope towards progress and peace; and Washington, D. C. Middle West Utilities Co. of WHEREAS a Joint Resolution of Canada, Ltd., hearing_____ 3887 Congress, approved June 15, 1936, reads Utilities Power & Light Corp., in part as follows: Ltd., et al., acquisition of CONTENTS— Continued bonds______’______3886 Resolved by th e Senate and House of Representatives o f th e United States of T itle 7— A griculture—Con. America in Congress assembled, That the Bureau of Entomology and Plant proclamation of September 5, 1939,1 in President of the United States be, and Quarantine: Page regard to the export of arms, ammuni­ he is hereby, authorized and respectfully Pink bollworm quarantine tion, and implements of war to France; requested by proclamation, or in such regulations modified_____ 3865 Germany; Poland; and the United King­ manner as he may deem proper, to in­ T itle 19— Customs D uties: dom, India, Australia, and New Zealand, vite foreign countries and nations to such Bureau of Customs: henceforth apply to Canada. proposed world’s fair with a request that Observance of neutrality in And I do hereby enjoin upon all officers they participate therein.” ; radio communication by of the United States, charged with the merchant vessels of bel­ execution of the laws thereof, the utmost AND WHEREAS by proclamation ligerents ______3882 diligence in preventing violations of the dated the sixteenth day of November, T itle 22— Foreign R elations: said joint resolution, and this my procla­ 1936,1 in compliance with the aforesaid Department of State: mation issued thereunder, and in bring­ Joint Resolution, I invited the participa­ Contributions for use in the ing to trial and punishment any offenders tion of the nations in this World’s Fair, Union of South Africa___ 3882 against the same. and many nations are presently partici­ Regulations under Section 9 And I do hereby delegate to the Sec­ pating therein: of Joint Resolution ap­ retary of State the power to exercise NOW, THEREFORE, I, FRANKLIN D. proved May 1, 1937-_____ 3882 any power or authority conferred on ^ROOSEVELT, President of the United Supplement to pamphlet “ In­ me by the said joint resolution, as made States of America, in compliance with ternational Traffic in effective by this my proclamation issued the aforesaid Joint Resolution of Con­ Arms” ______3883 thereunder, and the power to promul­ gress, do invite the nations presently participating in the said World’s Fair to T itle 29— L abor: gate such rules and regulations not in­ continue their participation therein dur­ Wage and Hour Division: consistent with law as may be necessary ing the calendar year 1940, or such part Hosiery industry, employ­ and proper to carry out any of its pro­ thereof as may seem appropriate. ment of learners______3883 visions. IN WITNESS WHEREOF, I have IN WITNESS WHEREOF I have here­ T itle 31— M oney and F inance: hereunto set my hand and caused the unto set my hand and caused the seal T reasury: of the United States of America to be Public Debt Service: Seal of the United States of America to be affixed. affixed. Adjusted Service Bonds of DONE at the city of Washington this DONE at the city of Washington this 1945, amendment of regu­ 8th day of September in the year of our lations governing______3883 10th day of September, in the year of our Lord nineteen hundred and Lord nineteen hundred and T it l e 36— P ar k s a n d F o r e s t s : [ s e a l ] thirty-nine, and of the Inde­ [ s e a l ] thirty-nine, and of the Inde­ Forest Service: pendence of the United States pendence of the United States Pisgah National Forest, N. C., - of America the one hundred and sixty- of America the one hundred and sixty- deer hunting and game fourth. fourth. F r a n k l in D R oosevelt preserve______3883 F r a n k l in D R o o se v e lt T it l e 46— S h ip p in g : By the President: By the President: United States Maritime Com­ C o rdell H u l l C o rdell H u l l mission: Secretary of State. Secretary of State. Charter to persons not citi­ zens of United States of [No. 2360] [No. 2358] vessels documented under [F. R. Doc. 39-3325; Filed, September 11,1939; [F. R. Doc. 39-3326; Filed, September 11,1939; its laws, etc., rescission of 12:27 p.m .] 12:27 p. m.] regulation______3884 »4 FR. 3819 DI. 11 F R . 1978. FEDERAL REGISTER, Tuesday, September 12, 1939 3859

En lar g ing t h e C hattahoochee N a t io n a l Thence, southwardly, along the center intersection with the county road be­ F orest—G eorgia of East Chickamauga Creek crossing the tween Everett Springs and Rosedale; N. C. & St. L. Railroad three times, four Thence, southwardly, along the county by t h e p r e sid e n t o f t h e u n it e d states and a half miles to its intersection with road, approximately four miles to Rose- OF AMERICA the county road up Dogwood Valley; dale; A PROCLAMATION Thence, southwardly along the county Thence, southwestwardly along the WHEREAS certain lands adjacent to road up Dogwood Valley, crossing the county road, crossing Muck and Lo vejoy the Chattahoochee National Forest Catoosa-Whitfield County Line, approxi­ Creeks, approximately three miles to within the State of Georgia have been mately four and one-half miles to its Floyd Springs; acquired or may hereafter be acquired intersection with the Trickum-Nickajack Thence, southwardly along the paved by the United States under authority of Gap Road; county road, approximately one mile to the act of March 1, 1911, c. 186, 36 Stat. Thence, westwardly, along the Nicka- its intersection with a county road from, 961 (U.S.C., title 16, sec. 516), as amended jack Gap Road, approximately one-quar­ the southwest; by the act of June 7, 1924, 43 Stat. 653 ter of a mile to its intersection with a Thence, southwestwardly, along the* (U.S.C., title 16, sec. 515); and county road to the south; county road, approximately two miles to WHEREAS it appears that the said Thence, southwardly, along the county its intersection with thè county road up lands are suitable for national-forest pur­ road, approximately two and three-quar­ Armuchee Creek; poses and that it would be in the public ter miles to its intersection with the Thence, northwestwardly, along the interest to reserve them as a part of the Georgia Highway #2; county road up Armuchee Creek, ap­ Chattahoochee National Forest; Thence, southwardly along Georgia proximately two and three-quarter NOW, THEREFORE, I, FRANKLIN D. Highway #2, approximately' two and; miles to its intersection with the Fioyd- ROOSEVELT, President of the United one-half miles to its intersection with Chattooga County Line; States of America, under and by virtue the Whitfield-Walker County lin e; Thence, southwestwardly along the of the power vested in me by section Thence, east with the Whitfield- county line, crossing Armuchee Creek, 24 of the act of March 3, 1891, 26 Stat. Walker County Line approximately two approximately one-third of a mile to 1095, 1103 (U 8.C , title 16, sec. 471), and and one-half miles to its intersection its intersection with the county road up the act of June 4, 1897, 30 Stat. 34, 36 with the county road down Mill Creek; Sand Mountain; (U.S.C., title 16, sec. 473), and the above- Thence, southwestwardly along the Thence, northeastwardly and then county road, approximately one and mentioned act of March 1, 1911, as northwardly along the county road down three-quarter miles to its intersection amended, do proclaim (1) that all lands Mill Creek, approximately seven and one- with U. S, Highway #27, Georgia High­ of the United States within the area half miles to its intersection with U. S. way #1, one-third of a mile northwest hereinafter described, and shown on the Highway #41, Georgia Highways #2 and of Crystal Springs; diagram attached hereto and made a #3 near Rocky Face; Thence, southeastwardly, with U. S. part hereof,1 are hereby added to and _ Thence, southeastwardly along U. S. reserved as part of the Chattahoochee Highway #27, Georgia Highway #1, Highway #41, Georgia Highways #2 and one-third of a mile to Crystal Springs, National Forest in the State of Georgia, #3, crossing Mill Creek, approximately and that all lands within such area which Georgia; one and three-quarter miles to its inter­ Thence, southwardly and then south­ may hereafter be acquired by the United section with a county road to the south; States under authority of the aforesaid westwardly, along the county road up Thence, southwardly along the county Big Texas Valley approximately ten act of March 1, 1911, as amended, shall road to the south, crossing the Southern upon acquisition of title thereto become, miles to its intersection with the old Railroad and Swamp Creek, approxi­ Kitchen Gap Road, from the northwest; and be administered as, part of the said mately eleven and one-quarter miles to Chattahoochee National Forest: Thence, northwestwardly along the Carbondale; old Kitchen Gap Road, crossing the Lying and being on the watersheds of Thence, southwardly, continuing Floyd-Chattooga County line at the top Armuchee and Mill Creeks, the Chat­ along the county road; crossing the of Simms Mountain, approximately one tooga and Oostanauia Rivers, tributaries Southern Railroad twice, and crossing and three quarter mites to its intersec­ of the Coosa River and Chickamauga Blue Spring Creek, passing the Whit- tion with the Holland-Rome County field-Gordon County Line, approxi­ Creek, a tributary of the Tennessee River, Road; in Catoosa, Chatooga, Floyd, Gordon, mately three and a quarter miles to Hill Thence, northwardly, along the county Walker, and Whitfield Counties, Georgia; City; road, approximately three quarters of a Beginning at the intersection of Thence, southwestwardly, continuing mite to its intersection with the Central Georgia Highways #2 and #95, at the along the county road, approximately of Georgia Railroad at Holland, Geor­ western foot of Taylor Ridge, approxi­ two and one-quarter miles to its inter­ gia; mately six miles east of LaFayette, section with Georgia Highway #143; Thence, northeastwardly along tho Georgia; Thence, southwardly along Georgia Central of Georgia Railroad, approxi­ Thence, northeastwardly, along Geor­ Highway #143, approximately one-half mately one mile to its intersection with gia Highway #95, approximately one mile to its intersection with a county the county road to Summerville, Geor­ and three-quarter miles to its intersec­ road to the southwest; gia; tion with the county road to Ringgold; Thence, southwestwardly and then Thence, northwestwardly and then Thenee, northeastwardly alor^ the southwardly, along the county road, northwardly along the county road, ap­ county road to Ringgold, crossing the crossing Snake and Bow Creeks, approxi­ proximately two miles to its intersection Walker-Catoosa County lin e, approxi­ mately nine miles to its intersection with with the county road to Gore, Georgia; the county road between Reeves and mately thirteen and one-half miles to the Thence, northwardly along the county intersection of said road with the center Curryville; Thence, southwestwardly along the road to Summerville, approximately two of south Chickamauga Creek, on the and one-half miles to its intersection south edge of Ringgold; county road to Curryville, approximately one-half mile to its intersection with the with an old county road along the west­ Thence, southeastwardly with the cen­ ern foot of Taylor Ridge; ter of South Chickamauga Creek, cross­ county road to Everett Springs; ing the N. C. & St. L. Railroad three times, Thence, northwestwardly, along the Thence, northeastwardly along the county road and the foot of Taylor approximately three miles to the mouth county road to Everett Springs, crossing Ridge, approximately five mites to its of East Chickamauga Creek; Rocky and Johns Creeks and the Gordon-Floyd County Line, approxi­ intersection with U. S. Highway #27, 1 See page 3861. mately five and one-quarter miles to its Georgia Highway #1; 3860 FEDERAL REGISTER, Tuesday, September 12, 1939

Thence, northeastwardly, along the sec{3. 16 to 21, inclusive; of 1935, approved April 8, 1935, 49 Stat. county road known as the Old Alabama sec. 22, W % ; sec. 26, S y2; 115, and Title II I of the Bankhead-Jones Road, approximately seven and one-half sec. 27, W y2, SE*4; Farm Tenant Act, approved July 22,1937 miles to its intersection with the Trion- secs. 28 to 36, inclusive; (50 Stat. 522, UJ5.C., title 7, sec. 1010); Subligna County Road; T. 11 N., R. 1 W., and Thence, northeastwardly, continuing sec. 7, wy2; sec. 18, W&BMT, w y 2; WHEREAS it appears that it would be along the county road known as the Old secs. 19, 29, 30, 31, and 32; in the public interest to give such lands, Alabama Road, crossing the Chattooga- sec. 33, w y 2Wi4; together with any intermingled public Floyd County Line, and Cane Creek, ap­ T. 10 N„ R. 2 W., secs. 1, 2, and 3; lands, a national-forest status: proximately ten and one-half miles to its sec. 4, Ey2Ey2; NOW, THEREFORE, I, FRANKLIN intersection with Georgia Highway #2 secs. 10 to 14, inclusive; D. ROOSEVELT, President of the United at Naomi; sec. 15, NE*4; sec. 23, Ny,, S E& ; States of America, under and by virtue of Thence, northeastwardly, along Geor­ secs. 24 and 25; the power vested in me by section 24 of gia Highway #2, approximately one and sec. 36, E%; the act of March 3, 1891, 26 Stat. 1095, one-half miles to the point of begin­ T. 11 N„ R. 2 W., 1103 (U.S.C., title 16, sec. 471), the act of ning; CONTAINING a total of 231,500 sec. 1, Wy2, SE%; secs. 2 to 4 and secs. 9 to 16, inclusive; June 4, 1897, 30 Stat. 34, 36 (UB.C., title acres, be the same more or less. sec. 21, Ny2, SE%; 16, sec. 473), and the acts above men­ secs. 22 to 27, inclusive; tioned, do proclaim (1) that there are IN WITNESS WHEREOF, I have sec. 28, E % E% ; hereunto set my hand and caused the sec. 33, E%Eya; hereby reserved and set apart as the seal of the United States to be affixed. secs. 34, 35, and 36; Shawnee National Forest all lands of the DONE at the City of Washington this T. 12 N„ R. 2 W., United States within the areas herein­ secs. 26 to 28 and secs. 33 to 35, inclusive; after described and shown on the dia­ sixth day of September, in the year of sec. 36, SW % ; our Lord nineteen hundred and aggregating 43,331.83 acres. gram attached hereto-and made a part [ s e a l ] thirty-nine, and of the Inde­ hereof,1 and (2) that all lands within such The reservation made by this procla­ boundaries which are now in process of pendence of the United States mation shall, as to all lands to which legal of America the one hundred and sixty- acquisition by the United States under rights have been acquired under any of authority of any of the above-mentioned fourth. the public-land laws or which are re­ F r a n k l in D R o o sevelt acts shall upon acquisition of title become served for any public purpose, be subject and be administered as part of said By the President: to, and shall not interfere with or defeat Forest: C o rdell H u l l such legal rights or prevent the use for Secretary of State. such public purpose of lands so reserved, T hird Principal Meridian so long as such rights are legally main­ T. 8 S., R. 3 W., secs. 18 to 20, inclusive; [No. 2355] tained or such reservation remains in secs. 29 to 33, inclusive. T. 8 S., R. 4 W., secs. 4 to 11, inclusive; secs. [F. R. Doc. 39-3310; Filed, September 9, 1939; force. 13 to 28, inclusive; N% sec. 29; N ÿ sec. 11:45 a. m.] IN WITNESS WHEREOF, I have 34, secs. 35 and 36. T. 8 S., R. 5 W., secs. 1 and 2; all that part hereunto set my hand and caused the of secs. 3, 4, and 9 lying in Jackson seal of the United States to be affixed. County; secs. 10 to 15, inclusive; all that C ach e . N a t io n a l F orest—I dah o and DONE at the City of Washington this part of sec. 16 lying in Jackson County; of secs. 22 and 23; sec. 24. U t a h sixth day of September, in the year of T. 9 S., R. 7 E., secs. 34 to 36, inclusive. our Lord nineteen hundred and BY THE PRESIDENT OP THE UNITED STATES OP T. 9 S., R. 8 E., SWi/4 sec. 26; Sy2 of secs. [ s e a l ] thirty-nine, and of the Inde­ 27 and 28; secs. 31 to 34, inclusive; wy2 AMERICA _ pendence of the United States sec. 35. A PROCLAMATION T. 9 S., R. 2 W., secs. 19 and 20; secs. 29 to of America the one hundred and sixty- 32, inclusive. • WHEREAS it appears that the public fourth. T. 9 S., R. 3 W., secs. 1 to 11, inclusive; secs. F r a n k l in D R oosevelt 13 to 36, inclusive. lands in the hereinafter-described area, T. 9 S., R. 4 W., secs. 1, 2, and 12; all that in Utah, within a grazing district estab­ By the President : part of the S % sec. 35 lying east of the lished by the Secretary of the Interior C o rdell H u l l Mississippi River; NE% and all that part April 8, 1935, under the provisions of Secretary of State. of the S y2 of sec. 36 lying east of the Mississippi River. section 1 of the act of June 28, 1934 T. 10 S., R. 5 E., secs. 23 to 26, inclusive; (ch. 865, 48 Stat. 1269; 43 U.S.C. 315), lie [No. 2356] secs. 31 to 36, inclusive. within a watershed forming a part of T. 10 S., R. 6 E., secs 19 to 36, inclusive. the Cache National Forest and can best [F. R. Doc. 39—3311; Filed, September 9, 1939; T 10 S R 7 E dll 11:45 a. m.] t ! 10 S.,’ R. 8 E.i’secs. 3 to 10, inclusive; secs. be administered in connection with such 13 to 36, inclusive. national forest: T. 10 S., R. 9 E.f all that part of sec. 13 lying NOW, THEREFORE, I, FRANKLIN west of the Ohio River; secs. 14 to 23, in­ clusive; all that part of sec. 24 lying west S h a w n e e N a t io n a l F orest—I l l in o is D. ROOSEVELT, President of the of the Ohio River;, secs. 25 to 36, inclusive. United States of America, by virtue of T. 10 S„ R. 10 E., all that part of secs. 19, 30, the authority vested in me by section 13 BY THE PRESIDENT OP Tiff! UNITED STATES and 31 lying west of the Ohio River. of the aforesaid act of June 28, 1934 OF AMERICA T. 10 S., R. 1 W., secs. 7 to 36, inclusive. T. 10 S.,iR. 2 W., secs. 5 to 36, inclusive. (43 U.S.C. 315L), section 24 of the act of A PROCLAMATION T. 10 S.', R. 3 W., secs. 1 to 29, inclusive; March 3, 1891 (26 Stat. 1103), as Ei/2 sec. 30, Ny2 and SE}4 of sec. 32; secs. amended (16 U.S.C. 471), and the act of WHEREAS certain lands within the 33 to 36, inclusive. June 4, 1897 (30 Stat. 36; 16 U.S.C. 473)/ State of Illinois have been acquired or are T. 10 S., R. 4 W., all that part of secs. 1, H. in process of acquisition by the United 12, 13, and 14 lying east of the Mississippi do proclaim that the following-described River. lands are hereby placed within and made States of America under the authority of T. 11 S., R. 1 E., all. ,. a part of the Cache National Forest, the act oLMarch 1,1911, 36 Stat. 961, 962 T. 11 S., R. 4 E., secs. 1 and 2; secs. 11 to 14, and that such lands shall be subject to (U.S.C., title 16, sec. 516), as amended by inclusive; secs. 23 to 26, inclusive; secs. the act of June 7, 1924, 43 Stat. 653 35 and 36. all the laws and regulations relating to Tps. 11 S., Rs. 5, 6, 7, 8, and 9 E., all. national forests: (U.S.C., title 16, sec. 515), the act of T. 11 S„ R. 10 E., aU that part lying west oi March 31,1933, c. 348, 48 Stat. 22 (U.S.C., the Ohio River. Salt Lake Meridian title 16, sec. 585), the National Industrial T. 11 S., R. 1 W., secs. 1 to 15, inclusive, T. 10 N., R. 1 W., Recovery Act, approved June 16,1933 (48 secs. 22 to 27, inclusive; secs. 34 to 3t>, sec. 4, Wy2; inclusive. secs. 5 to 8, inclusive; Stat. 195, 202, U.S.C., title 40, sec. 403), sec. 9, W & , SE}4; the Emergency Relief Appropriation Act 1 See page 3862. FEDERAL REGISTER, Tuesday, September 12, 1939 3S6I 3862 FEDERAL REGISTER, Tuesday, September 12, 1939

T. 11 S., R. 2 W., secs. 1 to 12, inclusive; T. 14 S.t R. 6 E., all that part lying west of with or defeat legal rights under such secs. 14 to 23, inclusive; secs. 26 to 35, the Ohio River. appropriation, or prevent the use for inclusive. T. 14 S., R. 1 W., secs. 7 to 9, inclusive; secs. T. 11 S., R. 3 W., secs. 1 to 4, inclusive; secs. 16 to 18, inclusive. such public purpose of lands so reserved, 9 to 16, inclusive; N E *4 and Sl/2 of sec. 17; T. 14 S., R. 2 W., all. . so long as such appropriation is legally and SE14 of sec. 20; secs. 21 to 28, T. 14 S., R. 3 W., secs. 12 to 15, inclusive; maintained or such reservation remains inclusive; NE 14 sec. 29; Éy2 sec. 33; secs. secs. 21 to 28, inclusive; secs. 33 to 36, in­ 34 to 36, inclusive. clusive. in force. T. 12 S., R. 3.E., secs. 1, 12, and 13. T. 15 S., R. 5 E., secs. 1 to 18, inclusive. IN WITNESS WHEREOF I have here­ T. 12 S., R. 4 E., secs. 1 to 18, inclusive; secs. T. 15 S., R. 6 E., all. * unto set my hand and caused the seal 23 to 26, inclusive; secs. 35 and 36. T. 15 S„ R. 7 E., all that part lying west of Tps. 12 S., Rs. 5, 6, and 7 E„ all. the Ohio River. of the United States to be affixed. Tps. 12 S., Rs. 8 and 9 E., all that part lying T. 15 S., R. 1 W., all that part of secs. 7, 18, DONE at the City of Washington this north of the Ohio River. , 19, and 30 lying west of the Cache River, sixth day of September, in the year of T. 12 S., R. 10 E., all that part lying north and that part of sec. 31 lying west and our Lord nineteen hundred and and west of the Ohio River. south of the Cache River. T. 12 S., R. 2 W., secs. 2 to 11, inclusive; secs. T. 15 S., R. 2 W., all. [ s e a l ] thirty-nine, and of the Inde­ 14 to 23, inclusive; secs. 26 to 35, inclusive. T. 15 S., R. 3 W., all that part lying east of pendence of the United States T. 12 S., R. 3 W., secs. 1, 2, 3, and 12. the Mississippi River. of America the one hundred and sixty- T. 13 S., R. 4 E., seca. 1 and 2; secs. 11 to 14, T. 16 S., R. 1 W., all that part of secs. 6, 7, inclusive; secs. 23 to 26, inclusive; secs. and 18 lying west of the Cache River. fourth. 35 and 36. T. 16 S., R. 2 W., secs. 1, 2, and 11; all that F r a n k l in D R oosevelt part of secs. 12 and 13 lying west of the Tps. 13 S., Rs. 5 and 6 E., all. Cache River; sec. 14. By the President: T. 13 S., R. 7 E., all that part lying northeast and west of the Ohio River. The reservation made by this procla­ C o rdell H u l l T. 13 S., R. 8 E., all that part lying north of mation shall as to all lands which are Secretary of State. the Ohio River. at this date legally appropriated under T. 13 S., R. 2 W., secs. 2 to 5, inclusive; secs. 8 the public-land laws or reserved for any [No. 2357] to 11, inclusive; secs. 14 to 17, inclusive; secs. 19 to 36, inclusive. public purpose other than classification, [F. R. Doc. 39-3312; Filed, September 9, 1939; T. 14 S., R. 5 E., all. be subject to and shall not interfere 11:45 a. m.] FEDERAL REGISTER, Tuesday, September 12, 1939 3863

EXECUTIVE ORDER 665); section 62 and section 37 a of the of the act of June 23, 1938 (U.S.C., title National Defense Aot as amended (U.S.C. 34, sec. 691), by the act of July 1, 1918, Prescribing R e g u l a t io n s G o v e r n in g t h e title 32, sec. 121; U.S.C. title 10; sec. 369), as amended by section 17 of the act E n f o r c e m e n t o f t h e N e u t r a l it y o f it is hereby ordered as follows: of June 10, 1922 (U.S.C., title 34, sec. the U n it e d S tates 423), by the act of June 25, 1938, Title I, 1. The enlisted strength of the active WHEREAS, under the treaties of the section 5 (U.S.C., Supp. title 34, section list of the Regular Army shall be in­ 853c), and Revised Statutes, section 3667, United States and the law of nations it is creased as rapidly as possible by volun­ as amended (U.S.C., title 31, sec. 665), it the duty of the United States, in any war tary enlistments to 227,000 men. is hereby ordered as follows: in which the United States is a neutral, 2. The commissioned strength of the not to permit the commission of unneu­ Regular Army may be supplemented by 1. The enlisted strength of the active tral acts within the. jurisdiction of the the use of reserve officers as may be list of the Regular Navy shall be in­ United States; necessary, provided the limitation on creased as rapidly as possible by volun­ AND WHEREAS, a proclamation was numbers and grades prescribed in the tary enlistments as may be deemed nec­ issued by me on the 8th day of September1 act approved April 3, 1939 (Pub. 18, 76th essary by the Secretary of the Navy not declaring the neutrality of the United Congress) is not exceeded. to exceed 145,000 men. States of America in the war now exist­ 3. The increase, as quickly as possible, 2. The enlisted strength of the active ing between Germany, on the one hand, in the enlisted strength of the existing list of the Marine Corps shall be in­ and the Union of South Africa, on the active units of the National Guard to creased as rapidly as possible by volun­ other hand: 235,000 men, is authorized, with such in­ tary enlistments to 25,000 men. NOW, THEREFORE, in order to make crease in commissioned strength as is 3. The Secretary of the Navy is au­ more effective the enforcement of the essential for command. thorized, in his discretion, to order ta provisions of said treaties, law of nations, 4. To the extent made necessary by active duty such commissioned and and proclamation, I hereby prescribe this order the Department of War is warrant officers of the Navy and Marine that the provisions of my Executive Order authorized to waive or modify the Corps on the retired list, and such trans­ No. 8283 of September 5, 1939,2 prescrib­ monthly or other apportionment of its ferred members of the Fleet Reserve and ing regulations governing the enforce­ appropriation for contingent expenses or the Marine Corps Fleet Reserve as he ment of the neutrality of the United other general purposes for the fiscal may deem necessary. States, apply equally in respect to the year ending June 30, 1940. 4. The Secretary of the Navy is also Union of South Africa. F r a n k l in D R oosevelt authorized to order to active duty such F r a n k l in D R o o sevelt officers and men of the Naval Reserve T h e W h it e H o u s e , and Marine Corps Reserve other than T h e W h it e H o u s e , Septem ber 8, 1939. 8th Septem ber, 1939. transferred members of the Fleet Re­ [No. 8244] serve and the Fleet Marine Corps Re­ [No. 82431 serve, including aviation cadets, as he [F. R. Doc. 39-3300; Filed, September 8, 1939; [F. R. Doc.-39-3299; Filed, September 8, 1939; 3:25 p. m.] may deem necessary and as agree vol­ 3:08 p. m.] untarily to serve. 5. To the extent made necessary by this order, the Department of the Navy EXECUTIVE ORDER EXECUTIVE ORDER is hereby authorized to waive or modify the monthly or other apportionments of A u t h o r iz in g I ncreases i n t h e E n l is t e d its appropriations for contingent ex­ Au t h o r izin g a n I ncr ease i n t h e S t r e n g t h S tr e n g t h s o f t h e N a v y and t h e M a ­ o f t h e A r m y penses or other general purposes for the r in e C orps fiscal year ending June 30, 1940. WHEREAS a proclamation issued by WHEREAS a proclamation issued by F r a n k l in D R o o sevelt me on September 8,1939,1 proclaimed that me on September 8, 1939, proclaimed T h e W h it e H o u s e , a national emergency exists in connection that a national emergency exists in con­ Septem ber 8, 1939. with and to the extent necessary for the nection with and to the extent necessary proper observance, safeguarding, and en­ for the proper observance, safeguarding, [No. 82451 forcing of the neutrality of the United and enforcing of the neutrality of the [F. R. Doc. 39-3301; Filed, September 8, 1939; States and the strengthening of our na­ United States and the strengthening of 3:25 p. m.] tional defense within the limits of peace­ our national defense within the limits time authorizations; and of peace-time authorizations ; and EXECUTIVE ORDER WHEREAS the authorized enlisted WHEREAS the authorized enlisted strength of the active list of the Regular strength of the active list of the Regular M a k in g F u n d s A v a ila b le for t h e P ro­ Army in peace time is 280,000 men; and Navy in peace time is 131,485 men with t e c t io n o f A m e r ic a n C it iz e n s i n the authorized enlisted strength of the authority in the President when a suffi­ F o r eig n C o u n t r ie s D u r in g t h e E x is t ­ National Guard in peace time is not less cient emergency exists to increase this in g E m e r g e n c y than 424,800 men; and strength to 191,000 men, and the au­ WHEREAS the Department of State WHEREAS the military forces will be thorized enlisted strength of the active Appropriation Act, 1940 (53 Stat. 890), charged with additional and important list of the Marine Corps in peace time provides, in part, as follows: duties in connection with such national is 20 per centum of the total authorized “emergencies a r is in g i n t h e d ip l o m a t ic emergency requiring an increase in the enlisted strength of the active list of the AND CONSULAR SERVICE present enlisted strength within the lim­ Navy; and its of this authorization; WHEREAS the Navy and the Marine “Emergencies arising in the Diplomatic NOW, THEREFORE, by virtue of the Corps will be charged with additional ànd Consular Service: To enable the authority vested in me by the Constitu­ and important duties in connection with President to meet unforeseen emergen­ tion and by section 2 of the National such national emergency requiring in­ cies arising in the Diplomatic and Con­ Defense Act of 1916, as amended by sec­ creases in their present enlisted strengths sular Service, and to extend the commer­ tion 2 of the act of June 4, 1920, 41 Stat. within the limits of these authorizations: cial and other interests of the United 759, and by Revised Statutes, section NOW, THEREFORE, by virtue of the States and to meet the necessary ex­ 3687, as amended (U.S.C., title 31, sec. authority vested in me by the Constitu­ penses attendant upon the execution of tion and by the act of Jujj 1, 1918, as the Neutrality Act, to be expended pur­ suant to the requirement of section-291 '4 P J I. 3851 DI. amended by the act of July 11, 1919 2 4 F.R. 3822 DI. (U.S.C., title 34, sec. 151), section 15 j(d) of the Revised Statutes (31 U.S.C. 107), 3864 FEDERAL REGISTER, Tuesday, September 12, 1939

$175,000: P rov id ed That whenever the NOW, THEREFORE, by virtue of the many detailed activities incident to his President shall find that a state of emer­ authority vested in me by the Constitu­ immediate office. To that end, The gency exists endangering the lives of tion and by Revised Statutes, section White House Office shall be composed of American citizens in any foreign country, 3667, as amended (U.S.C., title 31, sec. the following principal subdivisions, with he may make available for expenditure 665), it is hereby ordered as follows: * particular functions and duties as indi­ for the protection of such citizens, by 1. The Attorney General shall increase cated: transfer to this appropriation, not to ex­ the personnel of the Federal Bureau of (a) The Secretaries to the President. ceed $500,000 from the various appro­ Investigation, Department of Justice, in To facilitate and maintain quick and priations contained herein under the such number, not exceeding 150, as he easy communication with the Congress, heading ‘Foreign Intercourse’ ; and re­ shall find necessary for the proper per­ the individual members of the Congress, imbursements by American citizens to formance of the additional duties im­ the heads of executive departments and whom relief has been extended shall be posed upon the Department of Justice in agencies, the press, the radio, and the credited to any appropriation from which connection with the national emergency. general public. funds have been transferred for the pur­ 2. To the extent made necessary by this (b) The Executive Clerk. To provide poses hereof, except that reimbursements order the Department of Justice is hereby for the orderly handling of documents so credited to any appropriation shall authorized to waive or modify the and correspondence within The White not exceed the amount transferred monthly or other apportionments of its House Office, and to organize and super­ therefrom.” appropriations for contingent expenses or vise all clerical services and procedure AND WHEREAS I find and declare other general purposes for the fiscal year relating thereto. that an emergency exists endangering ending June 30, 1940. (c) The Administrative Assistants to the President. To assist the President in the lives of American citizens in foreign F r a n k l in D R o o se v e lt countries within the meaning of the said such matters as he may direct, and at T h e W h it e H o u s e , the specific request of the President, to Act: Septem ber 8, 1939. get information and to condense and NOW, THEREFORE, by virtue of and [No. 8247] summarize it for his use. These Ad­ pursuant to the authority vested in me ministrative Assistants shall be personal by the above-quoted statutory provi­ [F. R. Doc. 39-3303; Filed, September 8, 1939; 3:25 p. m.] aides to the President and shall have no sions, and in order to meet such emer­ authority over anyone in any department gency and make funds available for the or agency, including the Executive Of­ protection of American citizens in for­ EXECUTIVE ORDER fice of the President, other than the eign countries, I hereby direct the Sec­ personnel assigned to their immediate E stablishing t h e D iv is io n s o f t h e E x ­ retary of the Treasury, when so re­ offices. In no event shall the Adminis­ e c u t iv e O f f ic e o f t h e P r e s id e n t and quested by the Secretary of State, to trative Assistants be interposed between transfer on the books of the Treasury, D e f in in g T h e ir F u n c t io n s and D u t ie s the President and the head of any de­ for expenditure from the appropriation By virtue of the authority vested in partment or agency, or between the “Emergencies Arising in the Diplomatic me by the Constitution and Statutes, President and any one of the divisions and Consular Service”, from any appro­ and in order to effectuate the purposes in the Executive Office of the President. priation in the said Act under the head­ of the Reorganization Act of 1939, Pub­ 2. The Bureau of the Budget, (a) To ing “Foreign Intercourse”, such sums not lic No. 19, Seventy-sixth Congress, ap­ assist the President in the preparation to exceed in all $500,000 as the Secretary proved April 3, 1939, and of Reorgan­ of the Budget and the formulation of of State may from time to time during ization Plans Nos. I and H 1 submitted to the fiscal program of the Government. the existing emergency find necessary; the Congress by the President and made (b) To supervise and control the ad­ and funds so transferred shall be ex­ effective as of July 1, 1939 by Public ministration of the Budget. pended subject only to the requirement Resolution No. 2, Seventy-sixth Con­ (c) To conduct research in the de­ of section 291 of the Revised Statutes of gress, approved June 7» 1939, by organ­ velopment of improved plans of ad­ the United States (31 U.S.C. 107). izing the Executive Office of the Presi­ ministrative management, and to advise F r a n k l in D R o o se v e lt dent with functions and duties so pre­ the executive departments and agencies scribed and responsibilities so fixed that T h e W h it e H o u s e , of the Government with respect to im­ Septem ber 8, 1939. the President will have adequate ma­ proved administrative organization and chinery for the administrative man­ practice. [No. 82461 agement of the Executive branch of the (d) To aid the President to bring [F. R. Doc. 39-3302; Filed, September 8, 1939; Government, it is hereby ordered as about more efficient and economical 3:25 p. m.] follows: conduct of Government service. I (e) To assist the President by clearing There shall be within the Executive and coordinating departmental advice on Office of the President the following proposed legislation and by making rec­ EXECUTIVE ORDER principal divisions, namely: (1) The ommendations as to Presidential action White House Office, (2) the Bureau of on legislative enactments, in accordance A u t h o r iz in g I ncr eases i n t h e P e r s o n n e l the Budget, (3) the National Resources o f t h e F ederal B u r e a u o f I n v e st ig a ­ with past practice. Planning Board, (4) the Liaison Office t io n , D e p a r t m e n t o f J u s t ic e (f) To assist in the consideration and for Personnel Management, (5) the clearance and, where necessary, in the WHEREAS a proclamation issued by Office of Government Reports, and (6) preparation of proposed Executive orders me on September 8, 1939, proclaimed in the event of a national emergency, or and proclamations, in accordance with that a national emergency exists in con­ threat of a national emergency, such the provisions of Executive Order No. nection with and to the extent necessary office for emergency management as the 7298 of February 18, 1936. for the proper observance, safeguarding, President shall determine. ' (g) To plan and promote the improve­ and enforcing of the neutrality of the II ment, development, and coordination of United States and the strengthening of Federal and other statistical services. our national defense within the limits of The functions and duties of the divi­ (h) To keep the President informed of peace-time authorizatiorfs; and sions of the Executive Office of fhe the progress of activities by agencies o WHEREAS the Federal Bureau of In ­ President are hereby defined as follows: the Government with respect to worK vestigation, Department of Justice, will 1. The White House Office. In gen­proposed, work actually initiated, ana be charged with additional and important eral, to serve the President in an inti­ work completed, together with the rela­ duties in connection with such national mate capacity in the performance of the tive timing of work between the sever emergency, requiring an increase in its agencies of the Government; all to e personnel: 14 F.R. 2727,2733 DI. end that the work programs of the sev- FEDERAL REGISTER, Tuesday, September 12, 1939 3865 eral agencies of the Executive branch of (c) To collect and distribute informa­ for incorporation in the Budget shall be the Government may be coordinated and tion concerning the purposes and activi­ the same as prescribed for other Execu­ that the monies appropriated by the ties of executive departments and agen­ tive departments and agencies. Congress may be expended in the most cies for the use of the Congress, adminis­ The Bureau of the Budget shall like­ economical manner possible with the trative officials, and the public. wise perform with respect to the several least possible overlapping and duplica­ (d) To keep the President currently divisions of the Executive Office of the tion of effort. informed of the opinions, desires, and President such functions and duties re­ 3. The National Resources Planning . complaints of citizens and groups of citi­ lating to supplemental estimates, appor­ Board, (a) To survey, collect data on, zens and of state and local governments tionments, and budget administration as and analyze problems pertaining to na­ with respect to the work of Federal are exercised by it for other agencies of tional resources, both natural and hu­ agencies. the Federal Government. man, and to recommend to the President (e) To report to the President on the and the Congress long-time plans and basis of the information it has obtained VI programs for the wise use and fullest possible ways and means for reducing Space already has been assigned' in development of such resources. the cost of the operation of the Gov­ the State, War and Navy Building, ad­ (b) To consult with Federal, regional, ernment. jacent to The White House, sufficient to state, local, and private agencies in de­ m accommodate the Bureau of the Budget veloping orderly programs of public with its various divisions (including the works and to' list for the President and The Bureau of the Budget, the Na­ Central Statistical Board), the central the Congress ail proposed public works tional Resources Planning Board, and office of the National Resources P lannin g in the order of their relative importance the Liaison Office for Personnel Man­ Board, the Liaison Office for Personnel with respect to (1) the greatest good to agement shall constitute the three prin­ Management, and the Administrative the greatest number of people, (2) the cipal management arms of the Govern­ Assistants to the President, and although emergency necessities of the Nation, and ment for the (1) preparation and ad­ for the time being, a considerable por­ (3) the social, economic, and culturalministration of the Budget and improve­ tion of the work of the National Re­ advancement of the people of the United ment of administrative management and sources Planning Board and all of that States. organization, (2) planning for conserva-: of the Office of Government Reports will (c) To inform the President of the tion and utilization of the resources of the have to be conducted in other quarters, general trend of economic conditions and Nation, and (3) coordination of the ad­ if and when the Congress makes pro­ to recommend measures leading to their ministration of personnel, none of which vision for the housing of the Department improvement of stabilization. belongs in any department but which are of State in a building appropriate to its (d) To act as a clearing house and necessary for the over-all management function and dignity and provision is means of coordination for planning ac­ of the Executive branch of the Govern­ made for the other agencies now accom­ tivities, linking together various levels ment, so that the President will be en­ modated in the State, War and Navy and fields of planning. abled the better to carry out his Consti­ Building, it then will be possible to bring 4. The Liaison Office for Personnel tutional duties of informing the Con­ into this building, close to The White Management. In accordance with the gress with respect to the state of the House, all of the personnel of the Execu­ statement of purpose made in the Mes­ Union, of recommending appropriate tive Office of the President except The sage to Congress of April 25,1939, accom­ and expedient measures, and of seeing White House Office. panying Reorganization Plan No. I, one that the laws are faithfully executed. This Order shall take effect on Sep­ of the Administrative Assistants to the tember 11th 1939. President, authorized in the Reorganiza­ IV F r a n k l in D R o o sevelt tion Act of 1939, shall be designated by To facilitate the orderly transaction tile President as Liaison Officer for Per­ T h e W h it e H o u s e , of business within each of the five divi­ September 8th 1939. sonnel Management and shall be in sions herein defined and to clarify the charge of the Liaison Office for Personnel relations of these divisions with each [No. 82481 Management. The functions of this other and with the President, I direct office shall be: that the Bureau of the Budget, the Na­ [F. R. Doc. 39-3306; Filed, September 9, 1939; 10:04 a. m.] (a) To assist the President in the tional Resources Planning Board, the better execution of the duties imposed Liaison Office for Personnel Manage­ upon him by the Provisions of the Con­ ment, and the Office of Government Re­ stitution wad the laws with respect to ports shall respectively prepare regula­ Rules, Regulations, Orders personnel management, especially the tions for the governance of their internal Civil Service Act of 1883, as amended, organizations and procedures. Such and the rules promulgated by the Presi­ regulations shall be in effect when ap­ TITLE 7—AGRICULTURE dent under authority of that Act. proved by the President and shall re­ (b) To assist the President in main­ main in force until changed by new BUREAU OF ENTOMOLOGY AND taining closer contact with all agencies regulations approved by him. The Pres­ PLANT QUARANTINE dealing with personnel matters insofar ident will prescribe regulations govern­ as they affect or tend to determine the ing the conduct of the business of the [BJE.P.Q.-Q. 62] personnel management policies of the division of The White House Office. M odifications o f P i n k B o l l w o r m Executive branch of the Government. ■ V Q u a r a n t in e R e g u l a t io n s 5. The Office of Government Reports. (a) To provide a central clearing house The Director of the Bureau of the REVISION OF REGULATIONS 2, 3, AND 4, through which individual citizens, organ­ Budget shall prepare a consolidated EFFECTIVE SEPTEMBER 15, 1939 izations of citizens, state or local gov­ budget for the Executive Office of the Introductory Note ernmental bodies, and, where appropri­ President for submission by the President ate, agencies of the Federal Government, to the Congress. Annually, pursuant to Owing to the recent discovery of the Uiay transmit inquiries and complaints the regular request issued by the Bureau pink bollworm in okra, these regulations and receive advice and information. of the Budget, each division of the Execu­ are amended to add okra to the list of (b) To assist the President in dealingtive Office of the President shall prepare articles the interstate movement of *ith special problems requiring the and submit to the Bureau estimates of which is restricted from regulated areas. clearance „ of information between the proposed appropriations for the succeed­ This amendment also adds the Texas Federal Government and state and local ing fiscal year. The form of the estimates counties of Duval, Jim Hogg, La Salle, governments and private institutions. and the manner of their consideration Maverick, Webb, and Zapata to the reg- 3866 FEDERAL REGISTER, Tuesday, September 12, 1929

ulated areas because of the finding of county line intersects the northern boun­ they have been ginned in an approved new areas of infestation. dary line of league 207; thence west gin and have been passed in bat form following the northern boundary line of A v e r y S. H o y t , between heavy steel rollers set not more Acting Chief, Bureau of Ento­ leagues 207, 203, 191, 188, 175, and 171 than 1/64 inch apart, or have been given mology and Plant Quarantine. to the northeast corner of league 171; approved vacuum fumigation under the thence south on the western line of supervision of an inspector: Provided, league 171 to the northeast corner of the That lint produced in a lightly infested AMENDMENT NO. 1 TO THE REVISED REGULA­ W. H. L. survey; thence west along the area may be given standard or high den­ TIONS SUPPLEMENTAL TO NOTICE OF northern boundary of the W. H.'L. sur­ sity compression in lieu of either roll­ QUARANTINE NO. 52 vey and the northern boundary of sec­ ing or fumigation: Provided further, tions 68, 67, 66, 65, 64, 63, 62, 61, and 60 That certificates may be issued for the [Approved September 11, 1939; effective September 15, 1939] of block A of the M. B. & B. survey to interstate movement of linters produced the western boundary of said county; from sterilized seed originating in a Under authority conferred by the that part of Lamb County lying south of lightly infested area when produced in Plant Quarantine Act of August 20, 1912 the following-described boundary line: an authorized oil mill, (37 Stat. 315), as amended by the Act of Beginning on the east line of said county (b) Cottonseed. A certificate may be Congress approved March 4, 1917 (39 where the county line intersects the issued for the interstate movement of Stat. 1134, 1165), it is ordered that regu­ northern boundary line of section 9 of cottonseed produced in a regulated area lations 2, 3, and 4 (Secs. 301.52-2, 3, and the R. M. Thomson survey; thence west when it has been ginned ih an approved 4) of the revised regulations supple­ following the northern boundary line of gin and has been sterilized under the mental to Notice of Quarantine No. 52 sections 9 and 10 of the R. M. Thomson supervision of an inspector by heat treat­ (Sec. 301.52) on account of the pink survey and the northern boundary line ment at a required temperature of 150° P. bollworm, which were promulgated of sections 6, 5, 4, 3, 2, and 1 of the T. A. for a period of 30 seconds: Provided, That March 7, 1939,1 are hereby amended to Thompson survey and the northern certificates may be issued for interstate read as follows: boundary line of leagues 637, 636, and movement of sterilized cottonseed origi­ 635 to the southeast comer of league nating in heavily infested areas only to Regulation 2 239; thence north on the eastern boun­ contiguous regulated areas for processing § 301.52-2 Regulated areas. The fol­ dary line of league 239 to the northeast in authorized oil mills. lowing areas are hereby designated as comer of said league; thence west on the (c) Cottonseed hulls, cake, and meal. regulated areas within the meaning of northern boundary line of leagues 239, Certificates may be issued for the inter­ these regulations and are further classed 238, 233, 222, 218, and 207 to the western state movement of cottonseed hulls, cake, as heavily or lightly infested: boundary line of said county; and that and meal produced from sterilized seed part of the northwest corner of Hudspeth originating in a regulated area when Heavily infested areas— Texas. County lying north and west of a ridge of these products have been processed in Counties of Brewster, Culberson, Jeff desert land extending from the banks of an authorized oil mill under the super­ Davis, Presidio, and Terrell, and all of the Rio Grande northeasterly through vision of an inspector. Hudspeth County, except that part of the desert immediately west of the town (d) Seed cotton. The interstate move­ the northwest corner of said county lying of McNary, such ridge being an exten­ ment of seed cotton will be allowed only •north and west of a ridge Of desert land sion of the northwest boundary line of from lightly infested areas into contigu­ extending from the banks of the Rio section 11, block 65^.* ous regulated areas for the purpose of Grande northeasterly through the desert ginning for which movement no permit immediately west of the town of Mc- R egulation 3 is required. Nary, such ridge being an extension of (e) Okra. Certificates may be issued the northwest boundary line of section § 301.52-3 Articles the interstate for the interstate movement of okra 11, block 65^. movement of which is restricted or pro­ under any one of the following condi­ Lightly infested areas—Arizona, hibited— (a) Articles prohibited move­ tions: (1) When inspected by an in­ Counties of 'Cochise, Graham, Greenlee, m ent. The interstate movement from spector and found to be free from infes­ Maricopa, Pinal, and Santa Cruz, and all any regulated area of gin trash and cot­ tation; (2) when produced under such of Pima County * except that part lying ton waste from gins and mills, and all conditions as to render it free from in­ west of the western boundary line of untreated or unmanufactured cotton festation; (3) when processed or treated range 8 east. products other than seed cotton, cotton in accordance with methods which may lint and linters, either baled or unbaled, New Mexico. Counties of Chaves, be determined and approved by the cottonseed, cottonseed hulls, and cotton­ Dona Ana, Eddy, Grant, Hidalgo, Lea, Chief of the Bureau of Entomology and seed meal and cake is prohibited. Luna, Otero, Roosevelt, Sierra, Socorro, Plant Quarantine. and Valencia. (b) Articles authorized interstate (/) Movement to contiguous infested m ovem ent. Seed cotton, cotton lint, and Texas. Counties of Andrews, Brooks, area. No certificates are required for linters, either baled or unbaled, cotton­ Cameron, Cochran, Crane, Dawson, Du­ the interstate movement of restricted seed, cottonseed hulls, cottonseed meal val, Ector, El Paso, Gaines, Glasscock, articles from a lightly infested area to and cake, and okra may be moved inter­ Hidalgo, Hockley, Howard, Jim Hogg, a contiguous, lightly or heavily infested state from regulated areas as prescribed Jim Wells, Kenedy, Kleberg, La Salle, area, or from a heavily infested area to herein.® Loving, Martin, Maverick, Midland, a contiguous, heavily infested area.® Nueces, Pecos, Reeves, Starr, Terry, Regulation 4 Upton, Ward, Webb, Willacy, Winkler, This amendment shall be effective on and after September 15,1939. Yoakum, and Zapata; that part of Bailey § 301.52-4 Conditions governing the County lying south of the following- Done at the city of Washington this issuance of certificates— (a) Cotton lint 11th day of September 1939. described boundary line: Beginning on and linters. A certificate may be issued the east line of said county where the Witness my hand and the seal of the for the interstate movement of cotton United States Department of Agricul­ lint or linters, either baled or unbaled, ture. »4 F.R. 1161 DI. originating in a regulated area when 2 Part of the lightly infested area in Ari­ [ s e a l ] H. A. W allace, zona is regulated on account of the Thurberla Secretary of Agriculture. weevil under quarantine No. 61, and ship­ *Secs. 301.52-2 to 301.52-4 issued under ments therefrom must comply with the re­ authority of sec. 8, 37 Stat. 318; 39 Stat. [F. R. Doc. 39-3329; Filed, September 11, l 0391 quirements of that quarantine. 1165; 44 Stat. 250; 7 U.S.C. 161. 12:35 p. m.] FEDERAL REGISTER, Tuesday, September 12, 1939 3867

AGRICULTURAL ADJUSTMENT 701.115 Authority, availability of funds, and computed a normal yield for com in ac­ ADMINISTRATION applicability (a) Authority cordance with instructions issued by the (b) Availability of funds Agricultural Adjustment Adminstration [ACP—40] (c) Applicability and the following provisions: (d) Combination with range pro­ P art 701— 1940 A gricultural C o n se r v a ­ gram (i) Where reliable records of the ac­ t io n P rogram B u l l e t in *t Payments and grants of aid will be tual average yields per acre of corn for made for participation in the 1940 Agri­ the ten years 1930 to 1939 are presented Contents by the farmer or are available to the Sec. cultural Conservation Program (herein­ after referred to as the 1940 program) in committee, the normal yield for the farm 701.101 Allotments, yields, productivity in­ shall be the average of such yields ad­ dexes, payments and deductions accordance with the provisions of this (a ) Com bulletin and such modifications thereof justed for trends and abnormal weather (b ) Cotton as may hereafter be made. conditions; (c) Peanuts (ii) If for any year of such ten-year § 701.101 Allotments, yields, produc­ (d) Potatoes period reliable records of the actual aver­ (e) Rice tivity indexes, payments, and deduc­ (f) Tobacco tio n s 1— (a) Corn— (1) National Goal. age yield are not available or there was (g) Commercial vegetables no actual yield because com was not The 1940 national goal for com is ___j (la) Wheat planted on the farm in such year, the (i) General and total soil-depleting t o ------acres. normal yield for the farm shall be the (j) Restoration land (2) National and State acreage allot­ (k ) Miscellaneous yield which, on the basis of all available ments. The national and State com 701102 Soil-building goals, payments, and facts, including the yield customarily practices acreage allotments will be established by made on the farm, weather conditions, (a) National goal the Secretary. type of soil, drainage, production prac­ (b ) County goals (3) County acreage allotments. County (c) Farm goals tices, and general fertility of the land, acreage allotments of com for counties in (d) Payments the county committee determines to be (e) Hurricane damaged woodland ttte commercial com area shall be estab­ the yield which was or could reasonably (f ) Deductions lished by the Agricultural Adjustment (g ) Soil-building practices have been expected on the farm for such 701.103 Soil-depleting acreage Administration with the assistance of the. ten-year period; and 701104 Division of payments and deduc­ State committee by distributing the com tions acreage allotment established for the Oil) The yiélds determined under sub­ (a) Payments and deductions in commercial corn area within the State division (ii) of this subparagraph (5) connection with general soil- among such counties in such State pro shall be adjusted so that the average of depleting crops, crops for the normal yields for all farms in the which special crop acreage rata on the basis of the acreage seeded allotments are determined, for the production of com plus the acre­ county (weighted by the respective corn and restoration land acreage allotments determined for such (b) Payments in connection with age diverted from com under the agri­ cultural adjustment and conservation farms) shall not exceed the bounty yield soil-braiding practices established by the Secretary. (c) .Proration of net deductions programs in such counties during the ten 701.105 Increase in small payments years 1929 to 1938, with adjustments for (6) Commercial com area or commer­ 701.106 Payments limited to $10,000 701.107 Deductions incurred on other farms abnormal weather conditions and trends cial com-producing area means counties [a ) Other farms in the*same county in acreage in accordance with a proce­ in the States of Ohio, Michigan, Indiana, (b) Other farms in the State dure approved by the Secretary. Kentucky, Illinois, Wisconsin, Minnesota, 701.108 Deduction for association expenses (4) Farm acreage allotments. Acreage Iowa, Missouri, South Dakota, Nebraska, 701.109 Materials furnished as grants of aid 701.110 General provisions relating to pay­ allotments of com shall be determined and Kansas designated by the Adminis­ ments by the county committee, with the assist­ trator with the approval of the Secretary. (a ) Payment restricted to effectua­ ance of other local committees in the (7) Non-com-allotment farm means tion of purposes of the pro- .•> gram county, in accordance with instructions a farm in the commercial com area (a) (b) Payment computed and made issued by the Agricultural Adjustment for which no com acreage allotment is without regard to claims Administration, for farms in the com­ determined, or (b) for which a corn acre­ (c) Changes in leasing and cropping mercial com area on the basis of tillable age allotment of ten acres or less is de­ agreements, reduction in number of tenants, and other acreage, crop rotation practices, type of termined and the persons having an in­ devices soil, and topography. The allotment for terest in the corn planted on the farm (d) Assignments any farm shall compare with the allot­ elect to have such farm considered as a (e) Excess cotton acreage ments for other farms in the same com­ (f) Use of soil-conserving crops for non-corn-allotment farm for the pur­ market munity which are similar with respect to poses of the 1940 program. 701.Hl Application for payment such factors. For any farm with respect (8) Acreage planted to com means the (a) Persons eligible to file applica­ to which a com acreage allotment of ten acreage of land seeded to field com, sweet tions acres or less is determined, if the persons (b) Time and manner of filing ap­ com, or popcorn, except (1) any acreage plication and information having an interest in the com planted of sweet com contracted to be sold for required on the farm so elect, such farm shall be canning, (2) any acreage of sweet com (c) -Applications for other farms considered as a non-com-allotment farm. sold or to be sold for canning or roasting 701.112 Appeals The com acreage allotments determined 701 j. 13 state and regional bulletins, In­ ears, (3) any acreage of sweet com sold structions, and forms for the farms in a county shall not ex­ or used or to be sold or used as seed, (4) 701.114 Definitions ceed the county com acreage allotment. any acreage of popcorn sold or used or to (a) Officials (5) Normal yields. The county com­ be sold or used as seed, (5) any acreage (b ) Areas mittee, with the assistance of other local (c) Farms 1 of sown com used as a cover crop or (d) Cropland committees in the county, shall determine green manure crop, and (6) any acreage (e) Miscellaneous for each farm for which a com acreage of sweet com or popcorn in home gar­ allotment is determined or a deduction is dens for use on the farm. 'Sections 701.101 to 701.115 are Issued (9) Usual acreage of com for grain. under the authority contained in Sections 7 1 The national goals and rates of payment Usual acreages of com for grain shall be to 17, as amended, 49 Stat. 1148, 1915; 50 and deduction which are not included in twin determined for all farms in Area C for Scat. 329; 52 Stat. 31, 204, 205; 53 Stat. 550, bulletin will be determined and announced »73; 16 U.S.C., Sup. IV, 590g-590q. by the Secretary as soon as the statistics upon which a payment is computed with re­ +The source of Sections 701.101 to 701.115 which they are required to be based become spect to a potato, tobacco, or wheat acre­ is ACP-40, AAA, September 6, 1939. available. age allotment and on which the usual 3868 FEDERAL REGISTER, Tuesday, September 12, 1939

acreage of com for grain is mare than 10 of the administrative areas in any county years 1937, 1938, and 1939 was less than acres. The usual acreage of com for should be treated separately in order to 5 acres and the number of acres re­ grain shall be determined on the basis prevent discrimination, the county acre­ quired for allotments of 5 acres for each of the average annual acreage of com age allotment shall be apportioned pro other farm in the county on which cot­ harvested for grain or diverted there­ rata among such administrative areas on ton, was planted in 1937, 1938, or 1939 from during the years 1937, 1938, and the basis of the acreage planted to cot­ may be apportioned among farms in the 1939, with appropriate adjustments for ton in 1937 plus the acreage diverted county on which cotton was planted in crop rotation practices. The sum of the from cotton under the 1937 program, or, 1937, 1938, or 1939, and for which the usual acreages of corn for grain deter­ if the Agricultural Adjustment Adminis­ allotment otherwise provided is 5 acres mined for such farms in a county shall tration determines that conditions af­ or more but less than 15 acres and less not exceed the sum of the average fecting the acreage planted to cotton than the highest number of acres annual acreages of com harvested for were not reasonably uniform throughout planted to cotton and diverted from grain or diverted therefrom on such the county in 1937, then on the basis of cotton under agricultural conservation farms during the years 1937, 1938, and the cotton base acreages determined programs in any one of the years 1937, 1939. under the 1937 Cotton Price Adjustment 1938, and 1939. (10) Pa ym en t: ______cents per Payment Plan. Allotments to the farms In making such allotments under item bushel of the normal yield of com for within each such administrative area (c) of this subdivision (i) due consid­ the farm for each acre in the com acre­ shall be made in the manner provided in eration and weight shall be given to the age allotment. subparagraph (4) of this paragraph (b) land, labor, and equipment available for (11) D ed u ction : (i) (Farms in the for the apportionment of county cotton the production of cotton, crop rotation commercial com area, except non-com- acreage allotments among farms. practices, and the soil and other facili­ allotment farms) ______cents per (4) Farm acreage allotments. Farmties affecting the production of cotton, bushel of the normal yield for the farm acreage allotments for cotton shall be and such increases shall not be such for each acre planted to com in excess determined by £he county committee, as to increase the allotment to any farm of the com acreage allotment. with the assistance of other local com­ above 15 acres. In no event shall the (ii) (Non-corn-allotment farms in the mittees in the county, in accordance allotment for any farm under this sub­ commercial com a r e a )______cents per with instructions issued by the Agricul­ division (i) exceed the highest number bushel of the normal yield for the farm tural Adjustment Administration and of acres planted to cotton and diverted for each acre planted to com in excess the following provisions: from cotton under agricultural conser­ of 10 acres. (i) County cotton acreage allotmentsvation programs in any one of the three (iii) (Farms in Area C for which a shall be apportioned among the farms years 1937, 1938, and 1939. potato, tobacco, or wheat acreage allot­ in the county on which cotton was (ii) In case the county allotment is ment is determined) $______per planted in any one or more of the years insufficient to provide allotments to acre for each acre of com harvested for 1937, 1938, and 1939 in a manner that farms in the county which are deter­ grain in excess of the larger of the usual will result in a cotton acreage allot­ mined to be adequate and representative acreage of corn for grain determined for ment for each such farm which is a per­ in view of their past production of cot­ the farm or 10 acres. centage (which shall be the same per­ ton and their tilled land, there shall be (b) C otton —'(1) National goal. The centage for all farms in the county or apportioned to such farms such part of 1940 national goal for cotton i s ____.____ administrative area) of the land in the a State reserve equal to 4 percent of the t o ______acres. farm in 1939 which was tilled annually State acreage allotment as is necessary (2) National and State acreage allot­ or in regular rotation exclusive of the to give such farms allotments in con­ ments. The national and State cotton acres of such land normally devoted to formity with subdivision (i) which are acreage allotments will be established by the production of sugarcane for sugar, as nearly adequate and representative as the Secretary. . wheat, tobacco, or rice for market, or such 4-percent reserve will permit. Such (3) County acreage allotments, (i) wheat or rice for feeding to livestock for additional allotment shall be used first County cotton acreage allotments shall market, except that: to increase v allotments to farms under be determined by the Agricultural Ad­ (a) For any such farm with respect to items (a) and (b) of subdivision (i). justment Administration as follows: which the highest acreage planted to (iii) I f the cotton acreage allotments The State acreage allotment of cotton cotton and diverted from cotton under for any farms are substantially smaller (less 2 percent for use in making allot­ agricultural conservation programs in than the cotton acreage allotments ments to farms on which cotton will be any one of the three years 1937, 1938, which would have been made without planted in 1940 but on which cotton and 1939 is less than 5 acres the cotton regard 1c the provisions of items (a) and was not planted in any of the years acreage allotment for the farm shall be (b) of subdivision (i) above, the cotton' 1937, 1938, and 1939) shall be prorated such highest number of acres if the acreage allotments for such farms shall among the counties in the State on the county cotton acreage allotment is suf­ be increased to the acreage which would basis of the acreage planted tb cotton ficient therefor; have resulted in the absence of such pro­ plus the acreage diverted from cotton (b) For any such farm with respect to visions insofar as the remaining portion under agricultural adjustment or con­ which the highest number of acres of the 4-percent State reserve will per­ servation programs during the five years planted to cotton and diverted from cot­ mit after making allotments under sub­ 1934 to 1938: Provided, That there shall ton under agricultural conservation pro­ division (ii) above. be added to the acreage allotment so grams in any one of thè three years (iv) A f t » allotments have been made determined for each county the number 1937, 1938, and 1939 is 5 acres or more from the 4-percent State reserve as pro­ of acres required to provide an acreage the allotment for the farm shall not be vided in subdivisions (ii) and (iii) above, allotment in such county of not less less than 5 acres if the county cotton one-half of any remainder of the 4-per­ than 60 percent of the acreage planted acreage allotment is sufficient therefor; cent reserve shall be apportioned to farms to cotton in such county in 1937 plus and for which the acreage allotment other­ 60 percent of the acreage diverted from (c) Notwithstanding the foregoing wise determined is less than 50 percent cotton in the county under the 1937 provisions of this subdivision ( i ) , a num­ of the sum of the acreage planted to cot­ Agricultural Conservation Program ber of acres equal to not more than 3 ton in 1937 and the acreage diverted from (hereinafter referred to as the 1937 percent of «the county acreage allotment cotton production in 1937 under the 1937 program). in excess of the allotments made to program, and the other one-half of any (ii) If the Agricultural Adjustment Ad­ farms on which the highest number of remainder of the 4-percent reserve shall ministration finds that, because of differ­ acres planted to cotton plus the acres be available for increasing the allotments ences in types, kinds, and productivity of diverted from cotton under agricultural for any farms which are determined to be the soil or other conditions, one or more conservation programs for any of the inadequate and not representative in view FEDERAL REGISTER, Tuesday, September 12, 1939 3869 of past production on the farm : Provided, which compare with allotments to farms farm for each acre in its cotton acreage That the cotton acreage allotment for which are similar with respect to land, allotment. any farm shall not be increased under labor, and equipment available for the (8) Deduction:______cents per pound this subdivision (iv) above the highest production of cotton, crop rotation prac­ of the normal yield of cotton for the number of acres planted to cotton and tices, and the soil and other physical farm for each acre planted to cotton in diverted from cotton under agricultural facilities affecting the production of cot­ excess of its cotton acreage allotment. conservation programs in any one of the ton. The acreage on the farm which will (c) Peanuts— (1) National goal. The three years 1937, 1938, and 1939: P ro ­ be tilled in 1940 or was tilled in 1939 1939 national goal for peanuts i s ______vided fu rth er, That the cotton acreage shall, as a reflection of the several factors t o ____a.___acres. allotment for any farm shall not be in­ to be taken into consideration, be re­ (2) National and State acreage allot­ creased under this subdivision (iv) above garded as the basic index of the farm’s ments. The national and State peanut 40 percent of the acreage on such farm capacity for cotton production. The1 acreage allotments will be established by which is tilled annually or in regular ro­ county committee shall report, through the Secretary. tation, except, in States where the total the State committee, to the Agricultural (3) County acreage allotments. Coun­ acreage available for such adjustment is Adjustment Administration the acreage ty acreage allotments of peanuts for less than 5,000 acres, in irrigated areas required for the allotments to such farms market for counties in the commercial where the Agricultural Adjustment Ad­ in the county together with such sub­ peanut area shall be determined by the ministration determines that the applica­ stantiating data as may be required Agricultural Adjustment Administration, tion of this limitation would prevent the by the Agricultural Adjustment Adminis­ with the assistance of the State commit­ determination of allotments which are tration, and the Agricultural Adjustment tee, by distributing the State peanut adequate and representative in view of Administration shall allot to the county acreage allotment among such counties past production on the farms. the proportion of that part of the State on the basis of the county acreage allot­ (v) Notwithstanding the provisions of acreage allotment reserved for this pur­ ments established under the 1939 pro­ subdivisions ( i ) , (ii), (iii), and (iv) above, pose which it finds reasonable on the gram, or, if counties are included in 1940 the cotton acreage allotment for any basis of the data so reported. for which peanut acreage allotments were not established under the 1939 pro­ farm shall be increased by such amount (5) Normal yields. The county com­ as may be necessary to provide an allot­ gram, on the basis of the 1938 and 1939 mittee, with the assistance of other local acreages of peanuts in the counties, tak­ ment of not less than 50 percent of the committees in the county, shall deter­ sum of the acreage determined by the ing into consideration trends in acreage mine for each farm for which a cotton on commercial peanut farms. county committee to have been planted acreage allotment is determined or a de­ (4) Farm acreage allotments. In coun­ to cotton in 1937 and the acreage so de­ duction is computed a normal yield for ties included in the commercial peanut termined to have been diverted from cot­ cotton in accordance with instructions is­ area peanut acreage allotments for farms ton under the 1937 program: Provided, sued by the Agricultural Adjustment Ad­ shall be determined by the county com­ That the cotton acreage allotment for: ministration and tiie following provisions: any farm shall not be increased under mittee, with the assistance of other local this subdivision to more than 40 percent (i) Where reliable records of the ac­ committees in the county, in accordance of the acreage on such farm which is tual average yield of cotton per acre for with instructions issued by the Agricul­ tilled annually or in regular rotation. the five years 1935 to 1939 are presented tural Adjustment Administration, on the (vi) After making the cotton acreage by the farmer or are available to the basis of the acreage of peanuts for mar­ allotments according to the foregoing committee, the normal yield for the farm ket customarily grown and the tillable provisions of this subparagraph (4) any shall be the average of such yields ad­ acreage on the farm, taking into con­ part of the cotton acreage allotment ap­ justed for abnormal weather conditions; sideration other special crop acreage portioned to any farm which the oper­ (ii) If for any year of such five-year allotments established for the farm. The ator releases to the county committee period records of the actual average yield peanut acreage allotments determined because it will not be planted to cotton are not available or there was no actual for the farms in a county shall not ex­ in 1940 shall be deducted from the allot­ yield because cotton was not produced ceed their proportionate share of the ment to such farm and the acreage so on the farm in such year, the normal county peanut acreage allotment. deducted may be apportioned to other yield for the farm shall be the yield (5) Normal yields. The county com­ cotton farms in the State, preference be­ which, on the basis of all available facts, mittee, with the assistance of other local ing given to farms in the same county including the yield customarily made on committees in the county, shall deter­ receiving" allotments which are inade­ the farm, weather conditions, type of mine for each farm for which a peanut quate and not representative in view of soil, drainage, production practices, and acreage allotment is determined or a the past production of cotton on each general fertility of the land, the county deduction is computed a normal yield farm, in such apportionment the county committee determines to be the yield for peanuts in accordance with in­ committee shall consider only the char­ which was or could reasonably have been structions issued by the Agricultural acter and adaptability of the soil and expected on the farm for such five-year Adjustment Administration and the fol­ other physical facilities affecting the pro­ period; and lowing provisions: The normal yield of duction of cotton and the need of the (iii) The yields determined under sub­ peanuts for market for any farm shall operator of the farm for an additional division (ii) of this subparagraph (5) be determined on the basis of the yields allotment to pieet the requirements of shall be adjusted so that the average of of peanuts made on the farm with due the families engaged in the production the normal yields determined for all consideration for type of soil, production of cotton in 1949 on the farm : Provided, fa r m s in the county or administrative practices, and the general fertility of the That the cotton acreage allotment for area (weighted by the cotton acreage al­ land. The average yield for all farms in aoy farm shall not be increased under lotments determined for such farms) any county shall not exceed the county this subdivision to more than 40 percent shall conform to the county or adminis­ yield established by the Secretary. of the acreage on such farm which is trative area yield established by the Sec­ (6) Commercial peanut areg, means tilled annually or in regular rotation. retary. Virginia, North Carolina, Georgia, Ala­ (vii) That portion of the State acre­ (6) Acreage planted to cotton means bama, Florida, and Texas: Provided, That age allotment not apportioned among the acreage of land seeded to cotton the any county in any of such States in which the counties under section 701.101 (b) staple of which is normally less than 1Y2 not more than 300 acres of peanuts for ^ shall be apportioned to farms in inches in length and which reaches the m arket were grown in 1939 and there is the State on which cotton will be planted stage of growth at which bolls are first., no tendency to substantially increase m 1940 but on which cotton was not . formed. such acreage may be excluded from the Planted in any of the years 1937, 1938, (7) Payment:______cents per pound commercial peanut area upon recom­ anh 1939, soi as to result in allotmentss .of the, normal yield of cotton for the mendation of the State committee and 3870 FEDERAL REGISTER, Tuesday, September 12, 1939

. approval by thé Agricultural Adjustment mined for farms in a county shall not (ii) An acreage not to exceed 3 per­ Administration. exceed their proportionate share of the cent of the State rice acreage allotment . (7) Peanuts for market means all pea­ county potato acreage allotment. shall be apportioned among producers nuts harvested for nuts on a farm on (5) Normal yields. The county com­ who in 1940 are participating in the which peanuts are separated from the mittee, with the assistance of other local production of rice for the first time since vines by mechanical means and from committees in the county, shall deter­ 1934, on the basis of the applicable which the major portion of the produc­ mine for each farm for which a potato standards of apportionment set forth in tion is sold to persons not living on the acreage allotment is determined or a this subparagraph, except that the rice farm. deduction is computed a normal yield acreage allotment to any farm operated (8) P a y m e n t:______dollars per ton for potatoes in accordance with instruc­ by any person (s) who in 1940 is partici­ of the normal yield of peanuts for the tions issued by the Agricultural Adjust­ pating in the production of rice for the farm for each acre in its peanut acreage ment Administration and the following first time since 1934 shall not exceed 75 allotment. provisions: The normal yield of potatoes percent of the rice acreage allotment (9) D ed u ction : (For farms in com­ for any farm shall be determined on that would have been made to the farm mercial peanut a r e a )______dollars per the basis of the yields of potatoes made had such person (s) participated in the ton of the normal yield for the farm for on the farm, with due consideration for production of rice in one or more of the each acre of peanuts for market in excess type of soil, production practices, and five years 1935 to 1939. of its peanut acreage allotment. the general fertility of the land. The (4) Normal yields. The State and (d) Potatoes— (1) National goal. The average yield for all farms in any county county committees, with the assistance 1940 national goal for potatoes i s ______shall not èxceed the county yield estab­ of other local committees in the county, t o ______acres. lished by the Secretary. shall determine for each farm for which (2) National and State acreage allot­ (6) Commercial potato area means a rice acreage allotment is determined ments. The national and State potato counties designated by the Agricultural or a deduction is computed a normal acreage allotments will be established Adjustment Administration as counties yield for rice in accordance with instruc­ by the Secretary. normally producing substantial quanti­ tions- issued by the Agricultural Adjust­ (3) County acreage allotments. ties of potatoes for market. ment Administration and the following County acreage allotments of potatoes (7) P a y m e n t:------cents per bushel provisions: —. for counties in the commercial potato of the normal yield of potatoes for the (i) Where reliable records of the ac­ area shall be determined by the Agri­ farm for each acre in its potato allot­ tual average yield of rice per acre for the ment. cultural Adjustment Administration, five years 1935 to 1939 are presented by with the assistance of the State com­ (8) D eduction: (Farms in the com­ the farmer or are available to the com­ mittee, by distributing the State acre­ mercial potato area) ______cents per mittee, the normal yield of rice for the age allotment of potatoes among such bushel of the normal yield for the farm farm shall be the average of such yields. counties in such State on the basis of for each acre planted to potatoes in ex­ (ii) If for any year of such five-year the acreage allotments determined under cess of the larger of its potato acre­ period records of the actual average the 1939 program, or, if counties are in­ age allotment or three acres, or, on yield are not available or there was no cluded for which acreage allotments farms for which no allotment is deter­ actual yield because rice was not planted were not determined under the 1939 pro­ mined, in areas designated by the Agri­ on the farm in such year, the county gram, on the basis of the average acre­ cultural Adjustment -Administration committee shall ascertain from all the age devoted to potatoes in such counties where more than three acres of potatoes available facts, including the yield cus­ during the five years 1935 to 1939, tak­ are grown for home use on a substantial tomarily made on the farm, weather ing into consideration trends in acreage number of farms, for each acre planted conditions, type of soil, drainage, pro­ on commercial potato farms and the to potatoes for market in excess of three duction practices, and general fertility acreage of potatoes on noncommercial acres. of the land, the yield which was or potato farms. (e) R ice— (1) National goal. The could reasonably have been expected on (4) Farm acreage allotments. In coun­1940 national goal for rice is ______to the farm for such year, and the yield so ties included in the commercial potato ------acres. determined shall be used as the actual area, a potato acreage allotment shall be yield for such year under subdivision (i) determined by the county committee, with (2) National and State acreage allot­ ments. The national and State rice acre­ of this subparagraph (4). the assistance of other local committees (iii) If the average of the normal in the county, in accordance with in­ age allotments will be established by the Secretary. yields for all farms participating in the structions issued by the Agricultural Ad­ 1940 program in the State (weighted by (3) Farm acreage allotments.' A rice justment Administration, for each farm the rice acreage allotments therein) ex­ acreage allotment shall be determined by for which the normal acreage of pota­ ceeds the average yield per acre for the State and county committees, with the toes is determined to be three acres or State during the five years 1935 to 1939 assistance of other local committees in more: Provided, That in areas desig­ established by the Secretary, the normal the county, in accordance with instruc­ nated by the Agricultural Adjustment yields for such farms, determined under tions issued by the Agricultural Adjust­ Administration where more than three subdivisions (i) and (ii) of this subpara­ ment Administration, for each producer acres of potatoes are grown for home graph (4) shall be reduced pro rata so who is participating in the production of use on a substantial number of farms that the average of such normal yields rice in 1940. a potato acreage allotment shall be de­ shall not exceed such State average termined for each farm for which the (i) The acreage allotment for a pra-yield. normal acreage of potatoes for market is ducer who participated in the production (5) Paym en t: ______cents per 100 three acres or more. Potato acreage al­ of rice in one or more of the five years pounds of the normal yield per acre of lotments shall be determined on the 1935 to 1939 shall be determined on the rice for the farm for each acre in its basis of good soil management, tillable basis of the past production of rice ad­ acreage on the farm, type of soil, to­ justed to the acreage adapted to the pro­ rice acreage allotment. (6) D e d u c tio n :______cents per 100 pography, production facilities, and the duction of rice, taking into considera­ pounds of the normal yield for the farm acreage of potatoes customarily grown tion crop rotation practices, soil fertility, for each acre planted to rice in excess on the farm. The potato acreage allot­ the acreage diverted under previous ment for any farm shall compare with agricultural adjustment or conservation of its rice acreage allotment. (f.) Tobacco— (1) National goal The the potato acreage allotments for other programs and other physical factors af­ farms in the same community which fecting the production of rice, including 1939 national goal for— are similar with respect to such factors. the labor and equipment available for Burley tobacco i s ------t o ------The potato acreage allotments deter­ the production of rice on the farm. acres; FEDERAL REGISTER, Tuesday, September 12, 1939 3871

Flue-cured tobacco is ______to farms in the locality on which the soil the approval of the Agricultural Adjust­ ______acres; and other physical factors affecting the ment Administration, determines that Fire-cured and dark air-cured to­ production of tobacco are similar. the distribution of commercial vegetables bacco is — ------t o ------acres; (iii) The weighted average of the nor­from such county or area is confined to Cigar filler and binder tobacco is mal yields for all farms in each county small local markets, that there is no ______t o ______acres; shall not exceed the yield established for tendency towards acreage expansion in Georgia-Florida Type 62 tobacco is the county by the Secretary. such county or area, and that its elim­ ______t o ______acres. (5) Pa ym en t: The following number ination would not jeopardize the effec­ (2) National and State acreage allot­ of cents per pound of the normal yield tiveness of the program. ments. The national and State acreage per acre of tobacco for the farm for each (3) Commercial vegetables means the allotments for each kind of tobacco will acre in its tobacco acreage allotment for acreage of annual vegetables or truck be established by the Secretary. each of the following kinds of tobacco: crops (including potatoes not in the commercial potato area, sweet potatoes, (3) Farm acreage allotments. The B u rley,_____cent. acreage allotment for each kind of to­ tomatoes, sweet com, cantaloupes, an­ Flue-cured,______cent. bacco for any farm on which tobacco nual strawberries, commercial bulbs and Fire-cured and dark air-cured,______flowers, but excluding peas for canning was produced in one or more of the five cents. years 1935-1939 shall be determined by or freezing and sweet corn for canning) Cigar filler and binder (except Type of which the major portion of the pro­ the county committee, with the assist­ 4 5 ),______cent. ance of other local committees in the duction is sold to persons not living on ______cent. the farm: Provided, That in any county county, in accordance with instructions Georgia-Florida Type 62,_____ cents. issued by the Agricultural Adjustment designated by the State committee, with Administration, on the basis of the past (6) Deduction: *______cents per the approval of the Agricultural Adjust­ acreage of tobacco (harvested and di­ pound of the normal yield for the farm ment Administration, as a county in verted) with due allowance for drought, for each acre of tobacco harvested in which substantially all tomatoes or pi­ flood, hail, other abnormal weather con­ excess of the applicable tobacco acreage mientos grown are produced for canning, ditions; plant-bed and other diseases; allotment. and in which it is administratively prac­ land, labor, and equipment available for (g) Commercial vegetables— (1) Farmticable to distinguish between such crops the production of tobacco; crop rotation acreage allotments. In counties included for canning and for other purposes, to­ practices; and the soil and other physical in the commercial vegetable area a com­ matoes or pimientos for canning shall factors affecting the production of to­ mercial vegetable acreage allotment shall not be classified as commercial vege­ bacco. Special consideration shall be be determined by the county committee, tables. given to farms for which acreage allot­ with the assistance of other local com­ (4) Paym ent: ______for each acre ments are small. mittees in the county, in accordance with in the commercial vegetable acreage al­ The allotment for any farm on which instructions issued by the Agricultural lotment determined for the farm. tobacco is produced in 1940 for the first Adjustment Administration, for each (5) D eduction: (Farms in .the com-' time since 1934 shall be determined by farm on which the average acreage of mercial vegetable area) $20.00 per acre the county committee, with the assist­ land normally planted to commercial for each acre of land planted to com­ ance of other local committees in the vegetables is three acres or more, or in mercial vegetables in excess of the county, in accordance with instructions areas designated by the Agricultural Ad­ larger of the commercial vegetable acre­ issued by the Agricultural Adjustment justment Administration, on the basis of age allotment determined for the farm Administration, on the basis of the to­ recommendations by the State commit­ or three acres, or, in areas designated bacco-producing experience of the farm tee, for each farm on which such average under subparagraph (1) above, in excess operator, land, labor, and equipment acreage is one acre or more. The com­ of the larger of the allotment or one available for the production of tobacco, mercial vegetable acreage allotment shall acre. crop rotation practices, and the soil and be determined on the basis of the aver­ (h) W heat— (1) National goal. The other physical factors affecting the pro­ age acreage for 1936 and 1937 or the 1940 national goal for wheat is 60 mil­ duction of tobacco. average of a later period adjusted to the lion to 65 million acres. (4) Normal yields. The county com- 1936-1937 level, with adjustments for ab­ (2) National and State acreage allot­ niittee, with the assistance of other local normal weather conditions, taking into ments. The national and State wheat committees in the county, shall determine consideration the tillable acreage on the acreage allotments will be established for each farm for which a tobacco acre­ farm, type of soil, production facilities, by the Secretary. age allotment is determined or a deduc­ crop rotation practices, and changes in (3) County acreage allotments. tion is computed a normal yield for farming practices. The sum of the com­ County acreage allotments of wheat shall tobacco in accordance with instructions mercial vegetable acreage allotments de­ be established by the Agricultural Ad­ issued by the Agricultural Adjustment termined for such farms in the county justment Administration, with the as­ Administration and the following provi­ shall not exceed the sum of the average sistance of the State committee, by dis­ sions: annual acreages of land planted to com­ tributing the State acreage allotment mercial vegetables on all such farms in of wheat among the counties in such « ) The normal yield for any farm on the county in 1936 and 1937 except that State pro rata on the basis of the acre­ which tobacco was produced in one or fair and reasonable adjustments in such age seeded for the production of wheat more of the five years 1935-1939 shall be acreage may be made, by the State com­ plus the acreage diverted under agri­ determined on the basis of the yields of mittee in accordance with instructions cultural adjustment or conservation pro­ tobacco made on the farm in such five- issued by the Agricultural Adjustment grams in such counties during the ten year period, taking into consideration the Administration, among commercial vege­ years 1929 to 1938, with appropriate ad­ soil and other physical factors affecting table counties in the State on the basis justments for abnormal weather condi­ Production of tobacco on the farm, and of shifts in commercial vegetable pro­ tions and trends in acreage. tue yields obtained on other farms in the duction. (4) Farm acreage allotments. Acre­ locality which are similar with respect to (2) Commercial vegetable area meansage allotments of wheat shall be deter­ such factors. counties or administrative areas for mined by the county committee, with (ii) The normal yield for any farm onwhich the 1936-1937 average acreage of the assistance of other local committees which tobacco is produced in 1940 for the commercial vegetables (other than pota­ in the county, in accordance with in­ ®st time since 1934 shall be that yield toes, sweet potatoes, cantaloupes, and structions issued by the Agricultural Ad­ Wr acre which the local committee de­ annual strawberries) is 200 acres or justment Administration, for farms on termines is fair and reasonable for the more; except any such county or area which wheat has been planted for har­ farm as compared with yields for other for which the State committee, with vest in one or more of the years 1937, 3872 FEDERAL REGISTER, Tuesday, September 12, 1939

1938, and 1939, on the basis of tillable (ii) If for any year of such ten-year normal yield for the farm for each acre acreage and crop rotation practices as period reliable records of the actual planted to wheat in excess of its wheat reflected in the usual acreage of wheat average yield are not available or there acreage allotment. on the farm, or the ratio of wheat acre­ was no actual yield because wheat was (ii) (Non-wheat-allotment farms) age to cropland in the community or in not produced on the farm in such year, ------cents per bushel of the normal the county, and on the basis of the type the normal yield for the farm shall be yield for the farm for each acre of wheat of soil and topography. Not more than the yield which, on the basis of all avail­ harvested for grain or for any other pur­ 3 percent of the county wheat acreage able facts, including the yield customarily pose after reaching maturity in excess allotment shall be apportioned to farms made on the farm, weather conditions, of its wheat acreage allotment or 10 in such county on which wheat will be type of soil, drainage, production prac­ acres, whichever is larger, in Area A, and planted for harvest in 1940 but on which tices, and general fertility of the land, in excess of the usual acreage of wheat wheat was not planted for harvest in the county committee determines to be for the farm or 10 acres, whichever is any one of the three years 1937, 1938, the yield which was or could reasonably larger, in Area B and in Area C. and 1939, on the basis of tillable acreage, have been expected on the farm for (1) General and total soil-depleting— crop rotation practices, type of soil, and such ten-year period. (1) National goal. The 1940 national topography. The wheat acreage allot­ (Hi) The yields determined under sub­ goal for total soil-depleting crops is ment for any farm shall compare with division (ii) of this subparagraph (6) ___:_____ to ______acres. the wheat acreage allotments determined shall be adjusted so that the average of (2) National and State acreage allot­ for other farms in the same community the normal yields for. all farms in the m ents. The national and State total which are similar with respect to such county (weighted by the wheat acreage soil-depleting acreage allotments will be factors. For any farm for which a allotments determined for such farms) established by the Secretary. wheat acreage allotment is determined, shall not exceed the county yield estab­ (3) County acreage allotments. if the persons having an interest in the lished by the Secretary. wheat planted on the farm so elect, such County acreage allotments of total soil- farm shall be considered for the purposes (7) Non-wheat-allotment farm means depleting crops shall be determined by of the 1940 program as a non-wheat- (i) a farm for which no wheat acreage the Agricultural Adjustment Adminis­ allotment farm. The wheat acreage al­ allotment is determined, (ii) a farm for tration, with the assistance of the State lotments determined for farms in a which a wheat acreage allotment is deter­ committee, by distributing the State county shall not exceed their propor­ mined and the persons having an inter­ acreage allotment of total soil-depleting tionate share of the county wheat acre­ est in the wheat planted on the farm crops among the counties in the State on age allotment. elect, in accordance with instructions the basis of the total soil-depleting acre­ issued by the Agricultural Adjustment age allotments determined in connection (5) Usual acreage of wheat. Usual Administration, to have such farm con­ with the 1939 Agricultural Conservation acreages of wheat shall be determined sidered for the purposes of the 1940 pro­ Prdgram (hereinafter referred to as the for all non-wheat-allotment farms in gram as a non-wheat-allotment farm, 1939 program), with due allowance for Area B and in Area C on which the or (iii) a farm, in an area designated by trends in acreage of soil-depleting crops, normal acreage of wheat harvested as the Agricultural Adjustment Administra­ changes in area designations and crop grain, or for any other purpose after tion as an area subject to serious erosion,* classifications, the acreage of food and reaching maturity, is more than ten which is owned or leased by a conserva­ feed crops needed for home consumption acres. The usual acreage of wheat shall tion district, an association determined in the county, and the relationship of be determined on the basis of the past by the State committee to have been or­ the special crop acreage allotments es­ acreage with due allowance for the ef­ ganized for conservation purposes, or a tablished for 1939 to the special crop fects of abnormal weather conditions, State agency authorized by law to own acreage allotments established for 1940. tillable acreage, crop rotation practices, or lease land for conservation or erosion- (4) Farm acreage allotments. The type of soil, and topography. The sum control purposes. to tal soil-depleting acreage allotment of the usual wheat acreages determined (8) Acreage planted to wheat means for any farm shall be determined by the for such farms in a county shall not (i) any acreage of land devoted to seeded county com m ittee, w ith the assistance of exceed the sum of the 1937-1938 average wheat (except when such crop is seeded other local com m ittees in the county, in acreages of wheat harvested for grain, in a mixture designated by the Agricul­ accordance with instructions issued by or for any other purpose after reaching tural Adjustment Administration upon th e A gricu ltu ral Adjustm ent Adminis­ maturity, on such farms, except upon recommendation of the State committee tration, on the basis of good soil man­ approval by the Agricultural Adjustment as a mixture which may reasonably be agem ent, tillab le acreage on the farm, Administration where it is found that expected to produce a crop containing type of soil, topography, degree of ero­ the 1937-1938 average acreage was not such proportions of plants other than sion, the acreage o f a ll soil-depleting representative because of abnormal wheat that the crop cannot be harvested crops, including sugar beets and sugar­ weather conditions or marked shifts in as wheat for grain or seed) ; (ii) any cane for sugar, customarily grown on cropping practices in the county. acreage of volunteer wheat which is har­ the farm, and, in areas where the Agri­ (6) Normal yields. The county com­ vested or remains on the land after the cultural Adjustment Administration mittee, with the assistance of other local final date for disposing of volunteer finds ifc applicable, the acreage of food committees in the county, shall deter­ wheat, such date to be specified by the and feed crops needed for home con­ mine for each farm for which a wheat regional director upon recommendation sumption on the farm, taking into con­ acreage allotment is determined or a of the State committee; (iii) any acreage sideration special crop acreage alwt- deduction is computed a normal yield of land which is seeded to a mixture con­ ments determined for the farm. The for wheat in accordance with instruc­ taining wheat designated under (i) above total soil-depleting acreage allotment tions issued by the Agricultural Adjust­ but on which the crops other than wheat for any farm shall compare with tn ment Administration and the 'following fail to reach maturity and the wheat is total soil-depleting acreage allotments provisions: harvested for grain or seed or reaches determined for other farms in the sam^ (i) Where reliable records of the act­ maturity. community which are similar with re­ ual average yields per acre of wheat for (9) Payment: (Wheat allotment spect to such factors. Total soil-depie - the ten years 1929 to 1938 are presented farms) ______cents per bushel of the ing acreage allotments will be dete- by the farmer or are available to the normal yield of wheat for the farm for mined for all farms in Area A, farms committee, the normal yield for the each acre in its wheat acreage allot­ which a special crop acreage allotm farm shall be the average of such yields ment. (other than a commercial vegeta adjusted for trends and abnormal (10) Deduction: ( i) (Wheat allotment acreage allotment) is established m weather conditions. farms) ______cents per bushel of the A rea B in the Western and East Central FEDERAL* REGISTER, Tuesday, September 12, 1939 3873

Regions* and farms in Area B in the respect to such crop, and (2) sugar beets applied to restoration land determined Southern Region on which general crops and sugar cane for sugar: Provided, That to be in need of additional practices. or livestock are produced for market and corn on a non-com-allotment farm and Land formerly designated as restoration for which a special crop acreage allot wheat on a non-wheat-allotment farm -land may, if such land was improperly ment (other than a commercial vege­ shall always be regarded as general crops designated, be restored to its former table acreage allotment) is determined. for the purpose of determining the di­ cropland status, with the approval of the (5) Productivity indexes. The Secre­vision of the net payment or net deduc State committee, when offset by an equal tary will establish for each county or tion computed with respect to general acreage of land in the county which is portion of a county in Area A a county crops. properly designated for 1940 as restora­ productivity index or per-acre rates of (8) Pa ym en t: (Farms in Area A, ex tion land. payment and deduction, which will vary cept non-general-allotment farm s)_____ (2) Restoration land means farm land among the counties as the productivity per acre, adjusted for the productivity in any area designated by the Agricul­ of the cropland in the county devoted to of the farm, for each acre in the total tural Adjustment Administration as an the production of general soil-depleting soil-depleting acreage allotment deter area subject to serious wind erosion or crops varies as compared with the pro­ mined for the farm in excess of the sum as an area containing large acreages un­ ductivity of cropland in the United States of (U the special crop acreage allotments suited to continued production of culti­ devoted to the production of such crops. determined for the farm and (ii) the vated crops, which has been cropped at A productivity index or per-acre rate acreage of sugar beets planted for har­ least once since January 1, 1930, and shall be determined for each farm in Area vest in 1940 for the extraction of sugar which is designated by the county com­ A, in accordance with instructions issued (.9) Deductions: (i) (Farms in Area A mittee as land on which because of its by the Agricultural Adjustment Adminis­ except non-general-allotment farms) physical condition and texture and be­ tration, by the county committee with :------dollars per acre, adjusted for the cause of climatic conditions a permanent the assistance of other local committees productivity of the farm, for each acre vegetative cover should be restored. in the county. Such productivity index of the soib-depleting acreage in excess (3) Paym en t: 15 cents per acre for or per-acre rate shall be based upon the of the total soil-depleting acreage allot­ each acre of restoration land designated normal yield per acre for the farm of the ment determined for the farm plus the for the farm. major soil-depleting crop in the county acreages with respect to which deductions (4) D edu ction : $3.00 for' each acre as compared with thè normal yield per are computed under paragraphs (a) to of restoration land which is plowed acre for such crop in the county. Where (h ), inclusive, of this section 701.101. or tilled in 1940 for any purpose the yield of the major soil-depleting crop (ii) (Non-general-allotment farms in other than tillage practices to protect in the county does not accurately reflect Area A ) _■____dollars per acre, adjusted the land from wind erosion or tillage the productivity of a farm, the yield of for the productivity of the farm, for each operations in connection with the seed­ any crop that does accurately reflect the acre of the soil-depleting acreage in ex ing of an approved non-depleting cover productivity of the farm may be used, cess of the sum of (1) 20 acres, (2) the crop or permanent grass mixture. provided that the productivity index or cotton acreage allotment determined for (k) Miscellaneous— (1) Deduction for per-acre rate for such farm shall be ad­ the farm, and (3) the acreages with re­ failure to prevent wind or water erosion. justed, if necessary, so as to be fair and spect to which deductions are computed $1.00 for each acre of land (other than equitable as compared with the produc­ under paragraphs (a) to (h ), inclusive, restoration land), in an area designated tivity indexes or per-acre rates for other of this section 701.101. by the Agricultural Adjustment Admin­ farms in the county having similar soils (iii) (Farms in Area B for which a istration as subject to serious wind or or productive capacity, and as contrasted total soil-depleting acreage allotment is water erosion hazards, with respect to with other farms in the county having determined)______dollars for each acre which there are not adopted in 1940 different soils or productive capacity. classified as soil-depleting in excess of methods recommended by the county The average productivity index or per- the larger of (1) the total soil-depleting committee and approved by the State acre rate for all farms for which pro­ acreage allotment determined for the committee for the prevention of wind or ductivity indexes or per-acre rates are de­ farm plus the acreages with respect to water erosion or both: Provided, That in termined in the county shall not exceed which deductions are computed under counties designated by the Agricultural 100 or the county per-acre rate, or, in paragraphs (a) to (h ), inclusive, of this Adjustment Administration upon recom­ the North Central Region, the county section 701.101, or (2) 20 acres plus the mendation of the State committee the productivity index, respectively, unless it acreages on which cotton is planted or rate shall be 25 cents per acre for each is determined that farms for which such tobaccq, is harvested. time wind-erosion-control methods rec­ indexes or per-acre rates are determined ommended by the county committee are (j) Restoration land— (1) Farm resto­ are not representative of all farms in the not carried out in 1940 by the date ration land. Restoration land shall be county and a variation is approved by specified by the committee. .designated by the county committee, with the Agricultural Adjustment Administra­ (2) Deduction for breaking out native tion. the assistance of other local committees sod: $3.00 for each acre of native sod in the county, in accordance with in­ or any other land on which a permanent (6) Non-general-allotment farm means structions issued by the Agricultural Ad­ a farm in Area A for which a total soil- vegetative cover has been established, justment Administration, on the basis of broken out in any area designated by the depleting acreage allotment (excluding the land in the farm which was desig­ the cotton acreage allotment) oj 20 acres Agricultural Adjustment Administration nated as restoration land under the 1939 or less is determined in any case where as an area subject to serious wind or 1938 program and any additional land the persons having an interest in the erosion or as an area containing large in the farm which has been cropped at acreages unsuited to continuing produc­ general soil-depleting crops planted on least once since January 1, 1930, but on the farm elect to have such farm con­ tion of cultivated crops, during the which because of its physical condition sidered for the purposes of the 1940 pro­ period November 1, 1939, to October 31, and texture and because of climatic con­ 1940, inclusive, less the acreage broken gram as a non-general-allotment farm. ditions a permanent vegetative cover (7) General soil-depleting crops or gen­ out with the approval of the county com­ should be restored: Provided, That new mittee as a good farming practice for eral crops means all crops and land uses restoration land shall be designated only listed in the definition of soil-depleting which an acreage of cropland other than on a farm which is operated by the restoration land is restored to permanent acreage, except (1) corn, wheat, cotton, owner or where such designation h^s rice, tobacco, potatoes, peanuts, commer­ vegetative cover. been approved by the owner in the case § 701.102 Soil-building goals, pay­ cial vegetables, if a separate payment or of a tenant-operated farm. The county deduction is computed for the farm with ments, and practices— (a) National goal. committee shall designate practices to be The national goal is the conservation of No. 176------3 3874 FEDERAL REGISTER, Tuesday, September 12, 1939 the cropland not required in 1940 for the capacity (on a 12-month basis) of such five acres of such pastime land, in the growing of soil-depleting crops, the res­ pasture, in the North Central Region, Northeast Region. toration, insofar as is practicable, of a Kansas, California, Oklahoma, and (4) ______cents per acre of cropland permanent vegetative cover on land un­ Texas: Provided, That for any county in excess of the sum of (1) the special suited to the continued production of or group of counties where the grazing crop acreage allotments other than a cultivated crops, and the carrying-out capacity of the noncrop open pasture commercial vegetable acreage allotment of soil-building practices that will con­ land is reasonably uniform such pay­ and (2) the acreage of sugar beets serve and improve soil fertility and pre­ ment may, upon approval of the Agricul­ planted for harvest in 1940 for the ex­ vent wind and water erosion. tural Adjustment Administration, be traction of sugar and sugarcane grown (b) County goals. Insofar as practi­ computed at a flat rate per acre of for harvest in 1940 for the extraction of cable, county goals shall be established noncrop open pasture land, such rate sugar (applicable only to farms in Area for particular soil-building practices to be not greater than the average B and Area C) ; which are not routine farming practices amount of payment per acre of noncrop ( 5 ) _cents for each acre in the in the county and which are most needed pasture land determined for such county commercial vegetable acreage allotment in the county in order to conserve and or group of counties on the basis of the for the farm (applicable only to farms improve soil fertility and to prevent wind foregoing rate: Provided further, That in the commercial vegetable area in and water erosion. the amounts computed under this sub­ Area A ) ; (c) Farm goals. The soil-building division shall not be less than 10 cents ( 6 ) ______cents per acre, adjusted for goal for any farm shall be one unit of tames the number of such acres or 640 the productivity of the farm, for each soil-building practices for each $1.50 of acres, whichever is smaller; provided acre in the total soil-depleting acreage the payment 'computed for the farm that in states or areas where the range allotment for the farm in excess of the under paragraph (d) of this section conservation program is applicable and sum of (1) the special crop acreage al­ 701.102: Provided, That for any farm, in is not combined with the Agricultural lotments for the farm and (2) the acre­ any area designated by the Agricultural Conservation Program all non-crop open age of sugar beets planted for harvest in Adjustment Administration as an area pasture land shall be classified as range 1940 for the extraction of sugar (appli­ subject to serious erosion, which is owned land upon recommendation of the State cable only to non-general-allotment or leased by a conservation district, an committee and approval of the Agricul­ farms in Area A); association determined by the State com­ tural Adjustment Administration; (7) 45 cents per acre for each acre of (ii) 3 cents per acre of noncrop open mittee to have been organized for con­ restoration land for the farm; and pasture land, plus 75 cents for each servation purposes, or a State agency (8) $30.00 or $1.50 times the number animal unit of grazing capacity (on a 12- authorized by law to own or lease land of soil-building practice units earned by month basis) of such pasture, in North for conservation or erosion-control pur­ planting forest trees, whichever is Dakota, Montana, Wyoming, Colorado, poses, the soil-building goal shall not be smaller. New Mexico, Arizona, Utah, Nevada, less than one unit for each $2.00 of the (e) H urricane damaged woodland. Idaho, Oregon, and Washington: P ro ­ total payment computed for the farm Payment will be made at the rate of vided, That for any county or group of and the total payment computed for $4.00 per acre of woodland on the farm, counties where the grazing capacity of such a farm shall be considered as a which constitutes a serious fire hazard the noncrop open pasture land is rea­ payment in connection with soil-building as a result of hurricane damage in Sep­ sonably uniform such payment may, practices. tember, 1938, for eliminating such haz­ upon approval of the Agricultural Ad­ Insofar as practicable, the county com­ ard, improving the remaining stand of justment Administration, be computed at mittee shall determine for individual trees, and providing for the restoration a flat rate per acre of noncrop open pas­ farms practices to be followed in meet­ of a full stand, provided such work is ture land, such rate to be not greater ing the goal which are not routine farm­ done with the prior approval of the coun­ than the average amount of payment per ty committee and in accordance with ing practices on the farm, but which are acre of noncrop pasture land determined needed on the farm in order to conserve such approved system of farm woodlot for such county or group of counties on management as is specified by the Agri­ and improve soil fertility and prevent the basis of the foregoing rate: Provided cultural Adjustment Administration. wind and water erosion and which will fu rth e r, That the amounts computed Woodland on which payment is made tend to accomplish the goals, if any, es­ under this subdivision shall not be less hereunder shall not be eligible for credit tablished for the county with respect to than 10 cents times the number of such for soil-building practice 39 and payment particular soil-building practices. acres or 640 acres, whichever is smaller; hereunder shall not exceed $60.00 for any (d) Paym ents. The payments in con­ provided that in states or areas where the farm. This practice is applicable only to nection with soil-building practices shall range conservation program is applicable farms in New Hampshire, Massachusetts be the sum of the following: Provided, and is not combined with the Agricultural That for any farm with respect to which (except Barnstable mid Berkshire Coun­ Conservation Program all noncrop open ties), Rhode Island, Connecticut (ex­ the sum of the maximum payments com­ pasture land shall be classified as range cept Fairfield and Litchfield Counties), puted under sections 701.101 and 701.102 land upon recommendation of the State Nassau and Suffolk Counties of New is less than $20.00 the amount deter­ committee and approval of the Agricul­ York, Cumberland, Oxford, and York mined under this paragraph (d) shall be tural Adjustment Administration; Counties of Maine, and Caledonia, Chit­ increased by the amount of the differ­ (111) 25 cents per acre of fenced non­ tenden, ~ Essex, Franklin, Lamoille, ence: crop open pasture land in excess of one- Orange, Orleans, Washington, Windham, ( 1 ) ______cents per acre of cropland half of the number of acres of cropland and Windsor Counties of Vermont. in the farm in excess of the total soil- in the farm, which is capable of main­ (f) Deductions. $1.50 for each unit by depleting acreage allotment for the farm taining during the normal pasture season which the soil-building goal is no (applicable only to farms in Area A ) ; at least one animal unit for each five reached: Provided, That for any farm, in ( 2 ) ______per acre of commercial acres of such pasture land, in the East any area designated by -the Agriculture orchards and perennial vegetables on the Central Region and in States in the Adjustment Administration as an area farm January 1, 1940, except that in the Southern Region other than Texas and subject to serious erosion, which is owne Southern Region (where the commercial Oklahoma; or leased by a conservation district, orchard and perennial vegetable acreage % (iv) 40 cents per acre of fenced non­ association determined by the State com is not excluded from the acreage of crop­ crop open pasture land in excess of one- mittee to have been organized for con land) the rate shall b e ______per acre; half of the number of acres of cropland servation purposes, or a State ag^n ^ (3) (i) 2 cents per acre of noncrop in the farm, which is capable of main­ authorized by law to own or lease l open pasture land in the farm, plus taining during the normal pastime sea­ for conservation purposes, or a o $1.00 for each animal unit of grazing son at least one animal unit for each agency authorized by law to own or ea FEDERAL REGISTER, Tuesday, September 12, 1939 3875

land for conservation or erosion-control credit will be given. I f such portion (4) Application of two short tons, air- purposes, the rate shall be $2.00. constitutes one-half or more of such dry weight, of straw or equivalent mulch­ (g) Soil-building practices. Such ofcost, no credit for meeting the soil­ ing materials (excluding barnyard and the soil-building practices listed in the building goal will be given for such stable manure), in orchards or on com­ following schedule as the Agricultural practices. mercial vegetable land— 1 unit Adjustment Administration determines Wind-erosion-control practices and (5) Application of the following quan­ are adapted to any region and should be restoration-land measures carried out tities, of ground limestone (or its equiva­ encouraged in such region shall count to­ with the use of equipment furnished by lent) in any area designated by the Ag­ ward the achievement of the soil-building the Soil Conservation Service on a farm, ricultural Adjustment Administration goal to the extent indicated therein when in an area designated by the Agricul­ as an area in which the average cost of such practices are carried out under the tural Adjustment Administration as an ground limestone to farmers is: provisions of- the 1940 program during a area subject to serious erosion, which period of not more than 12 months end­ is owned or leased by a conservation dis­ (i) Not more than $2.00 per ton, 2,000 ing between August 31 and December 31, trict, an association determined by the lb.—equal 1 unit. 1940, inclusive, in areas designated by the State committee to have been organized (ii) More than $2.00 but not more Agricultural Adjustment Administration for conservation purposes, or a State than $3.00 per ton, 1,500 ‘lb.— equal 1 and in accordance with specifications is­ agency, authorized by law to-own or unit. sued by the regional director or by the lease land for conservation or erosion- (iii) More than $3.00 but not more State committee with the approval of the control purposes shall not (by virtue of than $5.00 per ton, 1,000 lb.— equal 1 regional director. The areas designated the use of such equipment) be deemed unit. for any soil-building practice shall be to have been paid for in whole or in part (iv) More than $5.00 per ton, 600 lb.— areas in which such practice is desirable by a State or Federal agency. equal 1 unit. and necessary as a conservation measure. Trees purchased from a Clark- Seedings The specifications issued shall be such McNary Cooperative State Nursery shall (6) Seeding alfalfa— 2 units per acre. as to assure that the soil-building prac­ not be deemed to have been paid for in tice will be performed in workmanlike whole or in part by a State or Federal (7) Seeding permanent grasses or manner and in accordance with good agency. permanent pasture mixtures containing a full seeding of legumes or grasses, or farming practice for-the locality. , The unit credits listed below are the both, other than timothy and redtop maximum units allowable, and the credit Practices carried out with labor, seed, (applicable only to varieties and areas for any practice included may, for any trees, and other materials furnished en­ designated by the Agricultural Adjust­ tirely by any State or Federal agency State or area within a State, be ad­ ment Administration with respect to justed downward by the State committee other than the Agricultural Adjustment which the cost of establishing improved with the approval of the Agricultural Administration shall not be counted to­ pastures is exceptionally high and their Adjustment Administration in order to ward the achievement of the soil-build­ increase is important)-«—2 units per acre. ing goal. If a portion of the labor, seed, reflect relatively lower costs or relative (8) Seeding biennial legumes, peren­ trees, or other materials used in carrying desirability of the practice. nial legumes, perennial grasses (other out any practice is furnished by a State than timothy or redtop), or mixtures or Federal agency other than the Agri­ SCHEDULE OF SOIL-BUILDING PRACTICES (other than a mixture consisting solely cultural Adjustment Administration and Application of Materials of timothy and redtop) containing bi­ such portion represents one-half or more (1) Application of the following ma­ennial legumes, perennial legumes, or of the total cost of carrying out such terials to or in connection with the seed­ perennial grasses (except any of such practice, such practice shall not be ing of perennial or biennial legumes, crops qualifying at a higher rate of credit counted toward the achievement of the perennial grasses, winter legumes, les- under any other practice listed in this soil-building goal; if s'uch portion repre­ pedeza, crotalaria, annualv ryegrass, paragraph (g))—l unit per acre. sents less than half of the total cost of Natal grass, or permanent pasture, and, (9) Seeding winter legumes, annual carrying out such practice, one-half of in the case of 16 percent superphos­ lespedeza, annual ryegrass, crotalaria, such practice shall be counted toward the phate, to or in connection with green sesbania, or annual sweet clover— 1 unit achievement of the soil-building goal: manure crops in orchards. If these ma­ per acre. « Provided, That labor, seed, trees, and ma­ terials are a llie d to any of such crops (10) Establishment of a permanent terials furnished to a State, a political seeded or grown in connection with a vegetative cover by planting sod pieces subdivision of a State, or an agency soil-depleting crop, only such propor­ of perennial grasses—3 units per acre. thereof by an agency of the same State shall not be deemed to have been fur­ tionate part, if any, of the material (11) Establishment of a permanent nished by “any State . . . agency” within applied shall be counted as is specified vegetative cover by planting crowns of kudzu— 4 units per acre. the meaning of this paragraph. No by the Agricultural Adjustment Admin­ istration. credit for meeting the soil-building goal -(12) Seeding timothy or redtop or a mixture consisting solely of timothy and shall be given for the planting and pro­ (1) 300 pounds of 16 percent super­ redtop— V unit per acre. tection of forest trees planted under a phosphate (or its equivalent)— 1 unit. 2 cooperative agreement entered into with (ii) 150 pounds of 50-percent muriate Pasture Improvement of potash (or its equivalent)— 1 unit. the Forest Service in connection with the (13) Reseeding depleted pastures or Prairie States Forestry Project. (iii) 500 pounds of basic slag or rock restoration land with good seed of adapt­ (or colloidal) phosphatq— 1 unit. Full credit for meeting the soil-build­ ed pasture grasses or legumes— 10 pounds ing goal will be given for any of the (2) Application of 300 pounds of gyp­ of seed— 1 unit. practices listed in the following sched­ sum containing not less than 18 percent (14) Natural reseeding of noncrop ule which are carried out under the De­ sulphur (or its sulphur equivalent)— 1 open pasture by nongrazing during the partment’s water facilities program if unit. normal pasture season on an acreage the entire cost of labor, materials, and (3) Application of 1,000 lbs., air-dry equal to one-half of the number of acres equipment used in carrying out such Weight, of straw or equivalent mulching of such pasture required to carry one practices is paid by the owner or op­ material (excluding barnyard and stable animal unit for a 12-month period— 1 erator or covered by a loan agreement manure), in commercial orchards or on unit. executed by him. If a portion of such commercial vegetable land in any area (15) With prior approval of the county cost is not paid by the owner or operator designated by the Agricultural Adjust­ committee, development of springs or or covered by a loan agreement executed ment Administration as an area in seeps by excavation at the source, 5 cubic by him and such portion constitutes less which straw normally costs more than feet of soil or gravel or 3 cubic feet of than one*-half of such cost, one-half $5.00 per ton— 1 unit. rock formation excavated: Provided, 3876 FEDERAL REGISTER, Tuesday, September 12, 1939

That the source is protected from tram­ Adjustment Administration as an area covers at least 25 percent of the ground pling, and at least 20 cubic feet of avail­ subject to serious erosion, which is surface (no credit will be given for this able water storage is provided; and P ro ­ owned or leased by a conservation dis­ practice when carried out on protected vided further, That the minimum credit trict, an association determined by the summer-fallowed acreage or as a part of shall be 13 units and the maximum credit State committee to have been organized a seeding operation) — Vs unit per acre. . shall be 67 units for this practice (ap­ for conservation purposes, or a State (35) Contour seeding of small-grain plicable only in arid or semi-arid agency authorized by law to own or crops— Yio unit per acre. areas)— 1 unit. lease land for conservation or erosion- (36) Natural vegetative cover or small- (16) Construction of reservoirs and control purposes— 1 unit per acre. grain stubble of crops harvested in 1940 dams. 10 cubic yards of material moved (25) Protecting muck land subject to left on cropland not tilled in 1940 after in making the fill or excavation or 7 cubic serious wind erosion by establishing or July 1, where it is determined by the feet of concrete or rubble masonry— 1 maintaining approved shrub wind­ county committee -that such cover is unit. breaks— % unit per acre. necessary as a protection against wind (26) Contour listing, deep or shallow erosion and the operator’s fanning plan Green Manure Crops and Cover Crops subsoiling, or contour furrowing noncrop provides that such cover will be left on (17) Green manure crops of which a land (the acreage of this practice shall the land until the spring of 1941—-%o unit good stand and good growth is plowed be computed on the basis of the area so per acre. or disced under on land not subject to handled, each furrow or strip being con­ (37) Contour cultivation with a shal­ erosion or if subject to erosion such sidered to occupy an area not in excess low furrowing or shovel-type implement crop is followed by a winter cover crop. of one-half rod in width)—% unit per following a small-grain crop harvested Cover crops of which a good stand and acre. in 1940, furrows being not more than 20 good growth is left on land subject to (27) Leaving on the land as a protec­ inches apar£—%o unit per acre. erosion or in orchards or on commercial tion against wind erosion (only in wind- Forestry vegetable or potato land or on such other erosion areas designated by the Agricul­ land as is designated by the Agricul­ tural Adjustment Administration) the (38) Cultivating, protecting, and main­ tural Adjustment Administratiqn. stalks of sorghums (including broom- taining, by replanting if necesary, a good 'Green manure crops and cover crops corn) or Sudan grass, where it is deter­ stand of forest trees, or a mixture of shall not include (1) lespedeza, (2) any mined by the county committee that such forest trees and shrubs, suitable for wild­ crop for which credit is given in 1940 cover is necessary as a protection against life and planted between July 1, 1936, under any other practice, (3) wheat on wind erosion and the operator’s farming and July 1,1940— 2 units per acre. nonirrigated land except in humid areas plan provides that such cover will be left (39) With prior approval of the county designated by the Agricultural Adjust­ on the land until the spring of 1941 (ex­ committee, improving a stand of forest ment Administration, and (4) such other cept any of such crops qualifying at a trees under such approved system of crops as may be determined by the Agri­ higher rate of credit under any other farm woodlot and wildlife management cultural Adjustment Administration as practice listed in this paragraph (g)) — as is specified by the Agricultural Ad­ not qualifiable for any area— 1 unit per y4 unit per acre. justment Administration— 2 units per acre. (28) Protecting land, which was prop­ acre. (18) Summer legumes not classified as erly designated as restoration land in (40) Planting forest trees (including soil-depleting (interplanted or grown in 1938 or 1939, on which the county com­ shrubs beneficial to wildlife or in pro­ combination with soil-depleting crops) mittee finds that no soil-building prac-. tective plantings) provided such trees are of which a good stand and good growth tice is needed in 1940 for the establish­ protected from fire and grazing and cul­ is obtained and is not harvested— V2 unit ment of a permanent vegetative cover— tivated in accordance with good tree per acre. Ya unit per acre. culture and "wildlife management prac­ tice— 5 units per acre. Erosion Control (29) Maintenance of a protective vege­ tative cover on cropland cropped in 1939 (41) Restoration of farm woodlots, (19) Contour ridging or terracing of and fallowed in 1938 where it is deter­ normally overgrazed, by nongrazing dur­ noncrop open pasture land. 750 linear mined by the county committee that such ing the entire year 1940 (credit will not feet of ridge or terrace— 1 unit. cover is necessary as a protection against be allowed for more than two acres of (20) Construction of 200 linear feet wind erosion (applicable only in summer- woodland for each animal unit normally of standard terrace for which proper fallow areas designated by the Agricul­ grazed on such woodland)— V* unit per outlets are provided— 1 unit. tural Adjustment Administration upon acre. * (21) Construction of concrete or rub­ recommendation of the State commit­ Other Practices ble masonry check dams or drops and tee)— y* unit per acre. (42) Growing a home garden for a measuring weirs for the control of (30) Stripcropping, including protec­ erosion, leaching, and seepage of irri­ idlord, tenant, or sharecropper family tion of summer fallow by means of strip a farm in accordance with specifica- gated cropland and orchard land (ap­ fallowing— Ya unit per acre. ins issued by the State committee with plicable only in arid and semi-arid areas)— 7 cubic feet of concrete or (31) Protecting summer-fallowed acre­ e approval of the regional director rubble masonry— 1 unit. age from wind and water erosion by con­ pplicable only in areas designated by (22) Construction of 300 linear feet tour listing, pit cultivation, or incorpo­ s Agricultural Adjustment Administra- of ditching with a depth of one foot and rating stubble and straw into the surface in upon recommendation of the State a'top width of four feet, or the cubic soil (no credit will be given for this prac­ mmittee as areas where home gardens equivalent thereof, for the diversion and tice when carried out on light sandy soils nerally are not kept or are inadequate spreading of flood water or well water or on soils in any area where destruction id should be encouraged)— 1 unit. on restoration land, cropland, pasture of the vegetative cover results in the land (43) Eradication or control of seriously land, or hay land (applicable only in becoming subject to serious wind ero­ tested plots of perennial noxious weeds, arid and semiarid areas)— 1 unit. sion)— unit per acre. signaled by the Agricultural Adjust- (23) Construction of one cubic yard (32) Contour farming intertilled ant Administration, on cropland, or- of rip-rap of rock along active streams crops— V* unit per acre. ard land, or noncrop pasture land, m for the control of erosion of farm land— (33) Contour listing (except when car­ ganized weed-control areas, in accor - 1 unit. ried out on protected summer-fallowed ice with good chemical or tillage metn- (24) Leveling of hummocks created by acreage or as a part of a seeding opera­ s—5 units per acre. wind erosion, where such practice has tion) — Ye unit per acre. (44) Applying sand free from stone the prior approval of the county com­ (34) Pit cultivation, pits to be at least loam to a depth of at least one-h __ mittee (applicable only on a farm, in an four inches in depth below surface of soil ch on fruiting cranberry bogs 5 uni area designated by the Agricultural and constructed so that surface of pit FÉDÉRAL REGISTER, Tuesday, September 12, 1939 3877

(45) Flooding fruiting cranberry bogs (n) Peas planted for canning, freez­ ing crops, or any crop for which a spe­ before January 1, 1940, and holding the ing, or dried peas (except when grown cial acreage allotment is established, water on such bogs continuously until in a home garden for use on the farm shall be divided among the landlords, July 5, 1940—5 units per acre. or when incorporated into the soil as tenants, and sharecroppers in the same (46) Renovation of perennial legumes green manure). proportion (as indicated by their acreage and mixtures of perennial grasses and (o) Soybeans harvested for seed for shares expressed in terms of either acre­ legumes— x/z unit per acre. crushing. ages or percentages) that such persons (47) Deep subsoiling cropland or land (p) Flax planted for any purpose (ex­ are entitled, as of the time of harvest, in orchards (the acreage of this practice cept when used , as a nurse/crop for to share in the proceeds (other than a shall be computed on the basis of the biennial or perennial legumes or peren­ fixed commodity payment) of such crop area so handled, each furrow being con­ nial grasses which are seeded in a grown on the farm in 1940; Provided, sidered to occupy an area not in excess workmanlike manner or, in areas desig­ That if any such crop is not grown on of one-half rod in width)— % unit per nated by the Agricultural Adjustment the farm in 1940 or the acreage of such acre. Administration as areas where it is not crop is substantially reduced by flood, § 701.103 Soil-depleting acreage. practicable to use flax as a nurse crop, hail, drought, insects, or plant-bed dis­ Soil-depleting acreage means the acre­ when matched acre for acre by biennial eases the net payment pr net deduction age of land devoted during the 1940 crop or perennial legumes or perennial computed for such crop shall be divided year to one or more of the following crops grasses seeded alone in a workmanlike among the landlords, tenants, and share­ or uses (land on which a volunteer crop manner). croppers in the proportion that the is harvested shall be classified as if the (q) Wheat planted (or regarded as county committee determines such per­ crop had been planted). planted) for any purpose on a wheat- sons would have been entitled to share (a) Corn planted for any purpose (ex­ allotment farm. in the proceeds of such crop if the en­ cept sown corn used as a cover crop or (r) Wheat (on a non-wheat-allotment tire acreage in the acreage allotment for green manure crop and sweet corn or farm ), oats, barley, rye, emmer, speltz, or such crop had been planted and har­ popcorn grown in a home garden for use mixtures of these crops, harvested for vested in 1940: Provided further, That if on the farm ). grain. for any reason the total acreage of cot­ (b) Tobacco harvested for any pur­ (s) Wheat on a non-wheat-allotment ton on the farm in 1940 is less than 80 pose.3 farm, oats, barley, rye, emmer, speltz, or percent of the cotton acreage allotment (c) Grain sorghums planted for any mixtures of these crops (including desig­ for the farm and the acreage of cotton purpose. nated mixtures containing wheat on any which is or would have been grown there­ (d) Cotton which reaches the stage of farm), harvested for hay (except (1) on by any tenant or sharecropper in growth at which bolls are first formed. when such crops are used as nurse crops 1940 is not substantially proportionate (e) Sugar beets planted for any pur­ for legumes or perennial grasses which to the acreage of cotton which such ten­ pose or sugarcane grown for any pur­ are seeded in a workmanlike manner and ant or sharecropper would normally grow pose. the nurse crop is cut green for hay, or thereon, and all the persons who are (f) Rice planted for any purpose. (2) when such crops are grown in a mix­ or would have been entitled to receive (g) Peanuts harvested for nuts or dug ture containing at least 25 percent by a share of the proceeds of cotton agree, for hay. weight of winter legumes). as shown by their signatures on the (h) Broomcorn planted for any pur­ (t) Buckwheat, Sudan grass, or millet application for payment or a separate pose. harvested for grain or seed. statement, the net payment or net de­ (i) Mangels or cowbeets planted for (u) Sweet sorghums, when harvested duction computed for cotton for. the farm any purpose. for any purpose in the East Central shall be divided among the landlords; (j) Potatoes planted for any purpose Region, in the North Central Region ex­ tenants, and sharecroppers in the pro­ (except when grown in a home garden cept South Dakota and Nebraska, or in portion that the county committee de­ for use on the farm ). Area B in the Southern Region; when termines such persons would have been (k) Annual truck and vegetable crops harvested for grain, seed, or sirup in the entitled to share in the proceeds of the planted for any purpose (except when Western Region, in Area A in the South­ cotton crop if the entire acreage in the grown in a home* garden for use on the ern Region, or in Nebraska and South cotton acreage allotment had been farm). Dakota; and when harvested for silage in planted and harvested in 1940, but in (l) Commercial bulbs and flowers, the commercial com area in the States no event shall the acreage share so de­ commercial mustard, cultivated sunflow­ of Kansas, Nebraska, and South Dakota. termined for any person be less than ers, safflower, or hemp, harvested for (v) Land summer-fallowed in the such person’s acreage share of the acre­ any purpose. States of Washington, Oregon; Idaho, age planted to cotton on the farm in (m) Field beans planted for any pur­ and Utah (except when such land is 1940: And provided further, That, in pose (except when grown in a home gar­ seeded in 1940 to a nondepleting crop cases where two or more separately- den for use on the farm or when incor­ approved by the Agricultural Adjustment owned tracts of land comprise a farm porated into the soil as green manure). Administration or is irrigated land which in any area designated by the Agricul­ is cultivated periodically to control tural Adjustment Administration as an noxious weeds). 2 Each acre of Georgia-Florida Type 62 to­ area in which a substantial proportion bacco shall be counted as %o of an acre if (w) Land summer-fallowed in any of the farms comprise two or more sepa­ (1) an average of at least four top leaves area and not protected from wind and rately-owned tracts of land, upon writ­ is left on each stalk on all the acreage of, water erosion by methods approved by ten agreement of all persons who are en­ such tobacco grown on the farm in 1940 and the State committee. an such stalks are cut within seven days titled to receive a share of the proceeds after harvesting of the other'leaves is com­ (x) Such other similar crops and uses of any such crop the share of each such pleted and are either left on the land for the as may be specified by the Agricultural person in the net payment or net deduc­ remainder of 1940 or plowed under, and (2) Adjustment Administration. a cover crop of sorghum, cowpeas, velvet tion computed with respect to such crop beans, or crotalaria, or any mixture of these, § 701.104 Division of payments and on such farm shall be that share which ■¡s seeded in 1940 on all land on the farm deductions— (a) Payments and deduc­ fairly reflects the contribution of each Planted to such tobacco and a reasonably good such person to performance with respect stand and good growth of such cover crop is tions in connection with general soil-de­ attained and is plowed under or disced in pleting crops, crops for which special to such crop and also results substan­ before December 31,1940, after it has attained crop acreage allotments are determined, tially in a division of such payment or at least three months’ growth, provided such (1) The net pay­ deduction among landlords, tenants, and over crop shall not be counted toward meet- and restoration land. nq ffl18 soU-building goal regardless of how ment or net deduction computed for any sharecroppers as classes as each such farm with respect to general soil-deplet­ class shares in the crop, or proceeds s m FEDERAL REGISTER, Tuesday, September 12, 1939 thereof, with respect to which the pay­ § 701.105 Increase in small payments. tory, or possession shall not exceed the ment or deduction is being made. The total payment computed under sum of $10,000, prior to deduction for as­ (2) The payment computed with re­ Sec. 701.101 to 701.104, for any person sociation expenses in the county or coun­ spect to restoration land under para­ with respect to any farm shall be in­ ties with respect to which the particular graph (j) C3) of section 701.101 shall be creased as follows: payment is made. The total of all pay­ ments made in connection with such pro­ made to the person who is the owner of (1) Any payment amounting to 71 grams to any person other than an indi­ the land as of June 30, 1940, unless the cents or less shall be increased to $1.00; vidual, partnership, or estate with respect land is rented for cash, in which case the (2) Any payment amounting to more to farms, ranching units, and turpentine payment shall be made to the cash ten­ than 71 cents but less than $1.00 shall places in the United States (including ant as of such date. be increased by 40 percent; Alaska, Hawaii, and Puerto Rico) shall (3) In computing such net payments (3) Any payment amounting to $1.00 not exceed the sum of $10,000, prior to and such net deductions with respect to or more shall be increased in accordance deduction for association expenses in the acreage allotments and general crops, with the following schedule: county or counties with respect to which the deduction with respect to Ct> corn Increase in for grain in Area C, (2) total soil-deplet­ the particular payment is made. Amount of payment computed: payment All or any part of any payment which ing crops in Area B, (3) failure to pre­ $1.00 to $1.99______$0.40 vent wind or water erosion, (4) cropping $2.00 to $2.99_”______.80 has been or otherwise would 1% made to restoration land, (5) breaking-out of $3.00 to $3.99______1.20 any person under the 1940 program may native sod, or (6) any net deduction $4.00 to $4.99______!______1.60 be withheld or required to be returned if $5.00 to $5.99______2.00 he has adopted or participated in adopt­ computed with respect to the soil-build­ $6.00 to $6.99______L£------_____ 2.40 ing goal, shall be regarded as a deduc­ $7.00 to $7.99______j------____ 2. 80 ing any scheme or device, including the tion with respect to general crops in $8.00 to $8.99______3.20 dissolution, reorganization, revival, for­ _____ 8.60 Area A and shall be regarded as a pro­ $9.00 to $9.99------mation, or use of any corporation, part­ $10.00 to $10.99------=£___ 4. 00 nership, estate, trust, or any other means, rata deduction with respect to the pay­ $11.00 to $11.99-______4.40 ments computed in connection with crop $12.00 to $12.99______4.80 which was designed to evade, or would acreage allotments in Areas B and C. $13.00 to $13.99______5. 20 havè thè effect of evading, the provisions $14.00 to $14.99______5. 60 of this section. (b) Payments in connection with soil- $15.00 to $15.99______6.00 building practices. H ie amount of net $16.00 to $16.99______6.40 § 701.107 Deductions incurred on _____ 6.80 payment earned in connection with the $17.00 to $17.99------other farms— (a) Other farms in the $18.00 to $18.99______7.20 same county. I f the' deductions com­ soil-bufldmg goal for the farm shall be _____ 7.60 $19.00 to $19.99______puted under Sec. 701.101 and 701.102 with paid to the landlord, tenant, or share­ $20.00 to $20.99______- _____ 8.00 cropper who carried out the soil-building $21.00 to $21.99______— _ 8.20 respect to any farm in a county exceed $22.00 to $22.99______8.40 practices. If the county committee de­ the payment for full performance on $23.00 to $23.99______8.60 such farm computed under such sections termines that more than one such per­ $24.00 to $24.99______8. 80 son contributed to the carrying-out of $25.00 to $25.99______9.00 a landlord’s or tenant’s share of the soil-building practices on the farm in the $26.00 to $26.99______9.20 amount by which such deduction exceeds $27.00 to $27.99______9. 40 1940 program, such payment shall be di­ such payments shall be deducted from $28.00 to $28.99______9. 60 such , landlord’s or tenant’s share of the vided in the proportion that the units $29.00 to $29.99------_____ 9.80 contributed by each such person to such $30.00 to $30.99______10.00 payment which would otherwise be made _ 10.20 practices bears to the total units of such $31.00 to $31.99______to him with respect to any other farm or $32.00 to $32.99______10.40 farms in such county. practices carried out on the farm in such $33.00 to $3399______10.60 program. All persons contributing to $34.00 to $34.99______10.80 (b) Other farms in the State. If the the carrying-out of any soil-building $35.00 to $3599______11.00 deductions computed under Sec. 70L101 $36.00 to $36.99______11.20 and 701.102 for a landlord or tenant practice on a particular acreage shall be $37.00 to $3799______i______11.40 deemed to have contributed equally to $38.00 to $3899______1L 60 with respect to one or more farms in a the units of such practice unless it is $39.00 to $39.99______11.80 county exceed the payments computed established to the satisfaction of the $40.00 to $40.99____ :______1 ____ _ 12. 00 for such landlord or tenant on the other $41.00 to $41.99______1------_____ 12.10 farms in such county; the amount of county committee that their respective $4200 to $4299______12.20 contributions thereto were not in equal $43.00 to $4399______12.30 such excess deductions shall be deducted proportion, in which event such units $44.00 to $44.99______— ------_____ 12.40 from the payments computed for such $4500 to $4599______1------____«_ 12.50 landlord or tenant with respect to any shall be divided in the proportion which $46.00 to $46.99______12.60 the county committee determines each $47.00 tp $47.99______12.70 other farm or farms in the State if the such person contributed thereto. $48.00 to $48.99______12.80 State committee finds that the crops $49.00 to $49.99______"1______12.90 grown and practices adopted cm the farm (c) Proration of net deductions. If $50.00 to $50.99______:______13.00 or farms with respect to which such de­ the sum of the net payments computed $51.00 to $51.99______13.10 ductions are computed substantially off­ for all persons on a farm exceeds the sum $52.00 to $52.99______13.20 $53.00 to $53.99______13.30 set the contribution to the program of the net deductions computed for all $54.00 to $54.99______t______13.40 made on such other farm or farms. persons on such farm, the sum of the $55.00 to $55.99— ______13.50 § 701.108 Deduction for association net deductions computed for all persons $56.00 to -$56.99______13.60 expenses. There shall be deducted pro bn such farm shall be prorated among $57.00 to $57.99______13.70 $58.00 to $58.99______i _ ------_____ 13.80 rata from the payments with respect to the persons on such farm for whom a _____ 13.90 $59.00 to $59.99______any farm all or such part a s the Secre­ net payment is computed, on the basis $60.00 to $185.99-.______tary may prescribe of the estimated ad­ of such computed net payments. I f the $186.00 to $199.99______ministrative expenses incurred or to be sum of the net deductions computed for $200.00 and over______incurred by the county agricultural con­ all persons on a farm equals or exceeds 1 Increase to $200.00. servation association in the county in the sum of the net payments computed 2 No Increase. for all persons on such farm, no pay­ § 701.106 Paym ents lim ited to $10,000. which the farm is located. ment will be made with respect to such The total of all payments made in con­ § 701.109 Materials furnished as farm and the amount of such net deduc­ nection with programs for 1940 under grants of aid. W h erever it is found tions in excess of the net payments shall section 8 of the Soil Conservation and practicable, limestone,. superphospha e, be prorated among the persons on such Domestic Allotment Act to any individ­ trees, seeds, and other farming materia s, farm for whom a net deduction is com­ ual, partnership, or estate with respect upon request of the producer, may puted, on the basis of such computed net to farms, ranching units, and turpentine furnished by the Agricultural Adjus deductions. places located within a single State, terri­ ment Administration as grants of aia FEDERAL REGISTER, Tuesday, September 12, 1939 3879 be used in carrying out approved soil- trolled by him, he adopts or has adopted 1940 program has employed any other building practices which shall be counted any practice which the Agricultural Ad­ scheme or device, (including coercion, toward meeting the soil-building goal for justment Administration finds is con­ fraud, or misrepresentation) the effect the farm. Wherever such material is trary to sound conservation practices. of which would be or has been to de­ furnished, a deduction from the payment (2) Payments other than payments in prive any other person of any payment for the farm shall be made in the amount connection with restoration land and in under any agricultural conservation pro­ of the approximate average cost of such connection with soil-building practices gram to which such person would nor­ material to the Agricultural Adjustment will be made only with respect to farms mally be entitled, the Secretary may Administration in the county, State, or which are being operated in 1940. withhold, in whole or in part, from the other area. Such deduction shall be ap­ (3) In areas designated by the Agri­ person participating in or employing plied first to the payment computed for cultural Adjustment Administration as such a scheme or device, or require such the person to whom such material is areas subject to serious wind erosion in person to refund, in whole or in part, the furnished, and the balance, if any, of 1940, no payment will be made to any amount of any payment which has been such deduction shall be prorated among person with respect to any farm which or would otherwise be made to such per­ the payments to the other persons shar­ such person owns or operates in a county son in connection with the 1940 program. ing in the payment with respect to the if the county committee finds that such (d) Assignments. Any person who farm for which such material was ob­ person has been negligent and careless may be entitled to any payment in con­ tained or on which it was used. Mate­ in his farming operations by failing to nection with the 1940 program may as­ rials shall only be furnished pursuant to carry out approved wind-erosion-control sign his interest in such payment as se­ a producer’s request and agreement upon measures on land under his control to curity for cash loaned or advances made a form prescribed by the Agricultural the extent that any part of such land has for the purpose of financing the making Adjustment Administration. Such become a wind-erosion hazard in 1940 to of a crop in 1940. No such assignment agreement shall provide'that (1) in the other land in the community in which will be recognized unless the assignment event the amount of deduction for mate­ such farm is located. is made in writing on Form ACP-69 in rials exceeds the amount of the payment (b) Payment computed and made accordance with the ihstructions (ACP- with respect to the farm the amount of without regard to claims. Any payment 70) issued by the Agricultural Adjust­ such difference shall be paid by the pro­ or share of payment shall be computed ment Administration and unless such as-’ ducer to the Secretary; (2) if the pro­ and made without regard to questions of signment is entitled to priority as deter-1 ducer uses any such material in a man­ title under State law, without deduction mined under the instructions governing ner which is not in substantial accord of claims for advances (except as pro­ the recording of such assignments issued with the purposes for which such mate­ vided in paragraph (d) of this section by the Agricultural Adjustment Admin­ rial was furnished, the deduction with and indebtedness to the United States istration. respect to the material misused shall be subject to set-off under orders issued by Nothing contained in this paragraph twice the regular rate of deduction in or­ the Secretary), and without regard to (d) shall be construed to give an as­ der to compensate the Government for any claim or lien against any crop, or signee a right to any payment other than damages because of such misuse; and (3) proceeds thereof, in favor of the owner that to which the farmer is entitled nor the finding of the county committee that or any other creditor. (as provided in the statute) shall the the material has been used in a manner (c) Changes in leasing and cropping Secretary or any disbursing agent be sub­ which is not in substantial accord with agreements, reduction in number of ject to any suit or liability if payment the purposes for which it was furnished, tenants, and other devices. I f on any is made to the farmer without regard and as to the amount of the material so farm in 1940 any change of the arrange­ to the existence of any such assignment. misused, shall be final when approved ments which existed on the farm in 1939 by the State committee, subject »to the (e) Excess cotton acreage. Any per­ is made between the landlord or operator son who makes application for payment right of appeal under the provisions of and the tenants or sharecroppers and Sec. 701.112. with respect to any farm located in a such change would cause a greater pro­ county in which cotton is planted in Notwithstanding any other provisions portion of the payments to be made to herein, in areas designated by the Agri­ 1940 shall file with such application a the landlord or operator under the 1940 statement that he has not knowingly cultural Adjustment Administration, for program than would have been made to any farm on which no performance is planted cotton or caused cotton to be the landlord or operator for performance planted, during 1940, on land in any rendered under the 1940 program except on the farm under the 1939 program, the carrying-out of practices through the farm in which he has an interest, in payments to the landlord or operator excess of the cotton acreage allotment use of materials furnished by the Agri­ under the 1940 program with respect to cultural Adjustment Administration, the for the farm for 1940, and that cotton the farm shall not be greater than the was not planted in excess of such allot­ furnishing of such materials shall be in amount that would have been paid to the lieu of any payment which otherwise ment by his authority or with his con­ landlord or operator if the arrangements sent. might be computed for the farm. which existed on the farm in 1939 had Any person who knowingly plants cot­ § 701.110 General provisions relating been continued in 1940, if the county to payments— (a) Payment restricted to ton, or causes cotton to be planted on committee certifies that the change is his farm in 1940 on acreage in excess effectuation of purposes of the program. not justified and disapproves such of the cotton acreage allotment for the (1) All or any part of any payment which change. farm for 1940 shall not be eligible for otherwise would be made to any person I f on any farm the. number of share­ under the 1940 program may be with­ any payment whatsoever, on that farm croppers or share tenants in 1940 is less or any other farm, under the provisions held or required to be returned (a) if he than the average number on the farm of the 1940 program. Any person hav­ adopts or has adopted any practice which during the three years 1937 to 1939 and ing an interest in the cotton crop on a the Secretary determines tends to defeat such reduction would increase the pay­ farm on which cotton is planted in 1940 any of the purposes of the 1940 or pre­ ments that would otherwise be made to on an acreage in excess of the cotton vious agricultural conservation programs, the landlord of operator, such payments acreage allotment for the farm for 1940 if, by means of any corporation, to the landlord or operator shall not be shall be presumed to have knowingly Partnership, estate, trust, or any other greater than the amount that would planted cotton on his farm on acreage device, or in any manner whatsoever, he otherwise be made, if the county com­ in excess of such farm cotton acreage has offset, or has participated in offset­ mittee certifies that the reduction is not allotment if notice of the farm allotment ting, in whole or in part, the performance justified and disapproves such reduction. is mailed to him prior to the completion for which such payment is otherwise I f the State committee finds that any of the planting of cotton on the farm, authorized, or (c) if, with respect to person who files an application for pay­ unless the farmer establishes the fact forest land or woodland owned or con­ ment pursuant to the provisions of the that the excess acreage was planted to 3880 FEDERAL REGISTER, Tuesday, September 12, 2939 cotton due to his lack of knowledge of nounce the counties not deem «! to be in payment with respect to one of such the number of acres in the tract(s) substantial compliance. farms, such person must make applica­ planted to cotton. Such notice, if As used in this paragraph (f), the tion for payment with respect to all such mailed to the operator of the farm, shall term “for market” means for disposi­ farms which he operates or rents to be deemed to be notice to all persons tion by sale, barter, or exchange, or by other persons. Upon request by the sharing in the production of cotton on feeding (in any form) to dairy livestock State committee any person shall file the farm in 1940. which, or the products of which, are to with the committee such information as it may request regarding any other farm (f) Use of soil-conserving crops forbe sold, bartered, or exchanged, and such in the State with respect to which he m arket. Payment will not be made with term shall not include consumption on has the right to receive all or a portion respect to any farm unless on such farm the farm. An agricultural commodity of the crops or proceeds thereof or which in 1940 an acreage of cropland or resto­ shall be deemed to be consumed on the he roots to another for cash. ration land, not devoted to soil-depleting farm if consumed by the farmer's family, § 701.112 Appeals. Any person may, crops, is withheld from the production employees, or household, or if fed to within 1§ days after notice thereof is poultry or livestock other than dairy live­ of soil-conserving crops for market, forwarded to or made available to him, stock on his farm or if fed to dairy live­ equal to the acreage by which the nor­ request the county committee in writing stock upon his farm and such dairy mal acreage of soil-depleting crops on to reconsider its recommendation or de­ livestock, or the products thereof, are to such farm exceeds the larger of (1) the termination in any of the following mat­ be consumed by his family, employees, or total soil-depleting acreage allotment ters respecting any farm in the operation household. As used in this paragraph for the farm or (2) the acreage devoted of which he has an interest as land­ (f), the term “ soil-conserving crops” to soil-depleting crops on the farm in lord, tenant, or sharecropper; (a) eligi­ means grasses and legumes grown on 1940: Provided, That payments shall not bility to file an application for payment; be denied any farmer for using such soil- cropland except those listed in the defini­ (b) any soil-depleting acreage allotment, conserving crops for market Cl) if in the tion of soil-depleting acreage in Sec. usual acreage, normal or actual yield, county in which the farm is located the 701.103. measurement, or soil-bufiding goal; (c) number of cows kept for the production §701.111 Application for payment— the division of payment; or (d) any of milk or products thereof for market (a) Persons 'eligible to file applications. other matter affecting the right to or does not exceed the normal number of An application for payment with respect the amount of his payment with respect such cows; (2) if on such farm the num­ to a farm may be made by any person to the farm. The county committee ber of cows kept for the production of for whom, under the provisions of Sec. shall notify such person of its decision milk or the products thereof for market 701.104, a share in the payment with in writing within 15 days after* receipt does not exceed the normal number of respect to the farm may be computed of such written request for reconsidera­ such cows; or (3) if the Agricultural Ad­ and (1) who at the time of its harvest tion. I f such person is dissatisfied with justment Administration determines is entitled to share in any of the crops the decision of the county committee he either (a) that the farmer has substan­ grown on the farm under a lease or oper­ may, within 15 days after such decision tially complied with the provisions of this ating agreement, or (2) who is owner or is forwarded to or made available to him, paragraph or (b) that the county, as a operator of such farm and participates appeal in writing to the State commit­ Whole, is in substantial compliance with thereon in 1940 in carrying out approved tee. The State committee shall notify such provisions. soil-building practices, or (3) who as of such person of its decision in writing Any farmer shall be deemed to have June 30, 1940, is owner or cash tenant within 30 days after the receipt of the substantially complied with the provisions of a farm on which restoration land is appeal I f such person is dissatisfied of this paragraph either (1) if the in­ designated. with the decision of the State committee, crease above normal in the number of (b) Time and manner of filing appli­ he may, within 15 days after such de­ dairy cows on his farm does not exceed cation and information required. Pay­ cision is forwarded to or made available two cows or (2) if none of the soil-con­ ment will be made only upon application to him, request the regional director serving crops to which such provisions submitted through the county .office on to review the decision of the State are applicable is used for market other or before a date fixed by the regional cpmmittee. than through the disposition of dairy director but not later than March 31, Written notice of any decision ren­ livestock for slaughter or through the dis­ 1941. The Secretary reserves the right dered under this section by the county position of less than ten percent of the (1) to withhold payment from any per­ or State committee shall also be issued milk, or products thereof, produced on son who fails to file any form or furnish to each person known to it who, as land­ the farm. A county, as a whole, shall be any information required with respect lord, tenant, or sharecropper having an deemed to be in substantial compliance to any farm which such person is oper­ interest in the operation of the farm, with such provisions unless; (1) the num­ ating or renting to another person for may be adversely affected by such deci­ ber of cows kept for the production of a share of the crops grown thereon, and sion. Only a person who shows that he milk in the county exceeds by more than (2) to refuse to accept any application is adversely affected by the outcome of five percent the normal number of such for payment if any form or information any request for reconsideration or ap­ cows; (2) the acres retired from soil- required is not submitted to the county peal may appeal the matter further, but depleting crops in the county exceed five office within the time fixed by the re­ any person who, as landlord, tenant or percent of the normal acreage of such gional director. At least two weeks’ sharecropper having an interest in the crops and exceed 1,000 acres; and (3) the notice to the public shall be given of the operation of the farm, would be affected average number of cows kept for the expiration of a time limit for filing pre­ by the decision to be made on any ro* production of milk exceeds two cows per scribed forms, and any time limit fixed consideration by the county committee farm and exceeds two cows per 160 acres shall be such as affords a full and fair or subsequent appeal shall be given a of farm land. opportunity to those eligible to file the fun and fair hearing if he appears when The normal acreage of soil-depleting form within the period prescribed. Such the hearing thereon is held. crops and the number of cows kept for notice shall be given by mailing the same § 701.113 S tate and regional buuetvns, the production of milk or the products to the office of each county committee instructions, and forms. The Agnc - thereof for market shall be determined and making copies of the same available tural Adjustment Administration » for any farm in accordance with instruc­ to the press. hereby authorized to make such deter­ tions issued by the Agricultural Adjust­ (c) Applications for other farms. I f minations and to prepare and issue ment Administration, and the Agricul­ a person has the right to receive all or such State and regional bulletins, in­ tural Adjustment Administration shall a portion of the crops or proceeds there­ structions, and forms as may be redm _ determine, from the latest available sta­ from produced on more than one farm .in administering the 1940 program p tistics of the Department, and shall an- in a county and makes application for suant to the provisions hereof. FEDERAL REGISTER, Tuesday, September 12, 1939 3881

§ 701.114 Definitions. Por the pur­ son as part of the same unit with respect (8) Animal unit means one cow, one poses of the 1940 program, unless the to the rotation of crops and with work- horse, five sheep, or five goats, two calves, context otherwise requires: stock, farm machinery, and labor sub­ or two colts, or the equivalent thereof. (a) O fficials— (1) Secretary means stantially separate from that for any § 701.115 A u th ority , availability of the Secretary of Agriculture of the other land; and funds, and applicability— (a) A u th ority . United States. (2) Any field-rented tract" (whether This program is approved pursuant to (2) Regional director means the di­ operated by the same or another person) the authority vested in the Secretary of rector of the division of the' Agricultural which, together with any other land in­ Agriculture under sections 7 to 17, in­ Adjustment Administration in charge of cluded in the farm, constitutes a unit clusive, of the Soil Conservation and Do­ the agricultural conservation programs with respect to the rotation of crops. mestic Allotment Act (49 Stat. 1148), as in the region. A farm shall be regarded as located in amended, and in connection with the (3) State committee or State agricul­ the county or administrative area, as the effectuation of the purposes of section tural conservation committee means the case may be, in which the principal 7 (a) of said Act in 1940 the payments group of persons designated within any dwelling is situated, or if there is no and grants of aid provided for herein will State to assist in the administration of dwelling thereon it shall be regarded as be made for participation in the 1940 the agricultural conservation programs located in the county or administrative program. in such State. area, as the case may be, in which the (b) Availability of funds. The pro­ (4) County committee or county agri­ major portion of the farm is located. visions of the 1940 program are neces­ cultural conservation committee means (d) Cropland. (1) Cropland means sarily subject to such legislation affecting the group of persons elected within any farm land which in 1939 was tilled or was said program as the Congress of the county to assist in the administration of in regular rotation, excluding restoration United States may hereafter enact; the the agricultural conservation programs in land and any land which constitutes, or making of the payments and grants of such county. will constitute if such tillage is continued, aid herein provided are contingent upon such appropriation as the Congress may (b) Areas— (1) Northeast R egion a wind-erosioh hazard to the community, hereafter provide for such purpose; and means the area included in the States of and excluding also, except in the South­ ern Region, any land in commercial the amounts of such payments and grants Connecticut, Maine, Massachusetts^ New of aid will necessarily be within the limits Hampshire, New Jersey, New York, orchards or perennial vegetables. (e) Miscellaneous. (1) Person means finally determined by such appropriation, Pennsylvania, Rhode Island, and Ver­ mont. an individual, partnership, association, the apportionment of such appropriation corporation, estate, or trust, and, wher­ under the provisions of the Soil Conser­ (2) East Central Region means the ever applicable, a State, a political sub­ vation and Domestic Allotment Act, as area included in the States of Delaware, division of a State, or any agency amended, and the extent of national par­ Kentucky, Maryland, North Carolina, thereof. . ticipation. As an adjustment for partici­ Tennessee, Virginia, and West Virginia. pation the rates of payment and deduc­ (3) Southern Region means the area (2) Landlord or owner means a per­ son who owns land and rents such land tion with respect to any commodity or included in the States of Alabama, Ar­ to another person or operates such land. item of payment may be increased or kansas, Florida, Georgia, Louisiana, Mis­ (3) Sharecropper means a person who decreased from the rates set forth herein sissippi, Oklahoma, South Carolina, and by as much as 10 ftercent. Texas. works a farm in whole or in part under the general supervision of the operator (4) North Central Region means the (c) Applicability. The provisions of and is entitled to receive for his labor a area included in the States of Illinois, the 1940 program contained herein, ex­ share of a crop produced thereon or of Indiana, Iowa, Michigan, Minnesota, cept Sec. 701.106, are not applicable to the proceeds thereof. Missouri, Nebraska, Ohio, South Dakota, (1) Hawaii, Puerto Rico, and Alaska; (4) Tenant means a person other and Wisconsin. (2) counties for which special agricul­ than a sharecropper who rents land (5) Western Region means the area tural conservation programs under said from another person (for cash, a fixed included in the States of Arizona, Cali­ Act are approved for 1940 by the Secre­ commodity payment, or a share of the fornia, Colorado, Idaho, Kansas, Mon­ tary; and (3) public domain of the proceeds of the crops) and is entitled tana, Nevada, New Mexico, North Dakota, United States, including land owned by under a written or oral lease or agree­ Oregon, Utah, Washington, and Wyo­ the United States and administered ming. ment to receive all or a share of the pro­ under the Taylor Grazing Act or by the ceeds of the crops produced thereon, and (6) Area A means the North Central Forest Service of the United States De­ in the case of rice also means a person Region, North Dakota, Kansas, and such partment of Agriculture, and other lands furnishing water for a share of the rice. counties or administrative areas in Ar­ in which the beneficial ownership is in (5) Commercial orchards and peren­ kansas, Oklahoma, Texas, New Mexico, the United States. nial vegetables means the acreage in Colorado, Wyoming, Montana, and Cali­ (d) Combination with range program. planted or cultivated fruit trees, nut fornia as may be designated by the Agri­ The Range Conservation Program may trees, vineyards, hops, bush fruits, or cultural Adjustment Administration as be combined with the Agricultural Con­ perennial vegetables (excluding arti­ counties or areas form ally producing a servation Program for 1940 in any State chokes for use other than as vegetables) surplus of general soil-depleting crops. or area upon recommendation of the on the farm on January 1, 1940 (ex­ State committee and the approval of the (7) Area B means the East Central Re­ cluding non-bearing orchards and vine­ gion and those portions of the Southern Agricultural Adjustment Administration, yards), from which the major portion in which case range land shall be treated and Western Regions not included in of the production is normally sold. Area A. as non-crop pasture and the range­ (6) Noncrop open pasture land means (8) Area C means the Northeast Re-, building practices shall be treated as in­ gion. pasture land (other than rotation pas­ corporated in the agricultural conserva­ ture land and range land) on which the (O Farms. Farm means all adjacent tion program. predominant growth is forage suitable or nearby farm land under the same Done at Washington, D. C., this 6th for grazing and on which the number or day of September, 1939. Witness my ownership which is operated by one per­ grouping of any trees or shrubs is such son, including also: hand and the seal of the Department of that the land could not fairly be con­ Agriculture. (1) Any other adjacent or nearby farm sidered as woodland. land which the county committee, in ac­ (7) Special crop acreage allotment H . A . W a lla c e , cordance with instructions issued by the means a corn, cotton, wheat, tobacco, Secretary of Agriculture. Agricultural Adjustment Administration, rice, peanut, potato, or commercial vege­ [F. R. Doc. 39-3309; Filed, September 9, 1939; determines is operated by the same per- table acreage allotment. 11:16 a. m.] No. 175------4 3882 FEDERAL REGISTER, Tuesday, September 12, 1939

[P -7 ] Act of 1938, approved February 16, 1938 Guard is hereby charged, under the gen­ P art 741— 1939 P rice A d j u s t m e n t P ro ­ (Public Law No. 430, 75th Congress, 3rd eral direction of the Commandant, with gram R e g u l a t io n s Session; 52 Stat. 67), as amended by the enforcement of neutrality in radio Section 12 of Public Law No. 470, 75th communication by merchant vessels of SUPPLEMENT NO. 6 Congress, approved April 7, 1938 (52 belligerents. By virtue of the authority vested in Stat. 202), and by the next to the last 2. The United States Customs Service the Secretary of Agriculture by the Price proviso to the item entitled “Conserva­ shall cooperate generally with the Coast Adjustment Act of 1938, approved June tion and Use of Agricultural Land Re­ Guard in the enforcement of neutrality 21, 1938 (Title V of Public Res. No. 122, sources, Department of Agriculture” in radio communication by merchant 75th Congress; 52 Stat. 819), and pursu­ contained in the Department of Agri­ vessels of belligerents. At places where ant to the provisions of Sections 301 and culture Appropriation A ctr-1939, ' ap­ no representative of the Coast Guard is 303 of the Agricultural Adjustment Act proved June 16, 1938 (Public Law No. detailed to carry into effect such instruc­ of 1938, approved February 16,1938 (Pub­ 644, 75th Congress, 3rd Session; 52 Stat. tions as may be issued by the Command­ lic Law No. 430, 75th Congress, 3d Ses­ 744), I, H. A. Wallace, Secretary of ant to district commanders of the Coast sion; 52 Stat. 43, 45), and the second Agriculture, do make prescribe, publish, Guard, the duties therein prescribed shall, paragraph of Section 15 of the Soil Con­ and give public notice that subsection upon request, be performed by such cus­ servation and Domestic Allotment Act, as D 3 of Section 41 of the Regulations toms officer or officers as may be desig­ amended by Section 104 of the Agricul­ Pertaining to 1937 Cotton Price Adjust­ nated by the appropriate collector of tural Adjustment Act of 1938 (Public, ment Payment Plan (CAP-105)., as customs. Law No. 430, 75th Congress, 3d Session; amended,1 is hereby further amended to 3. The provisions of paragraph (i), 52 Stat. 35), the 1939 Price Adjustment read as follows:. Article 178, Customs Regulations of 1937,4 are hereby suspended until fur­ Program Regulations, as amended,1 are 3. I f there is no surviving spouse, to hereby amended as follows: ther notice. the sons and daughters in equal shares. 4. This Treasury Decision is prescribed The last paragraph of Section 741.9 I f any child is a minor, payment of his pursuant to section 161, Revised Statutes (a) is hereby amended to read as fol­ share shall be made to his legal guardian, (U.S.C. title 5, sec. 22), and section 1, lows: but if no legal guardian has been ap­ Act of June 22, 1936 (U.S.C., Supp. IV, Legally adopted children shall be en­ pointed payment shall be made to his title 14, sec. 45). titled to share in any payment in the natural guardian or custodian for his benefit, unless the minor’s share of the [ s e a l ] H erbert E. G aston, same manner and to the same extent as Acting Secretary of the Treasury. other children. IE any person who is en­ payment exceeds $500, in which event titled to payment under the above order payment shall be made only to his legal [F. R. Doc. 39-3323; Filed, September 11,1939; of precedence is a minor, payment of his guardian. Children of a deceased son or 11:57a.m.] share shall be made to his legal guardian, daughter of a deceased producer shall be but if no legal guardian has been ap­ entitled to their ancestor’s share of the pointed payment shall be made to his payment, share and share alike; natural guardian or custodian for his Done at Washington, D. C., this 11th TITLE 22—FOREIGN RELATIONS benefit, unless the minor’s share of the day of September, 1939. Witness my DEPARTMENT OF STATE payment exceeds $500, in which event hand and the seal of the Department of payment shall be made only to his legal Agriculture. Regulations U nder Section 9 of the Joint R esolution of C ongress Ap­ guardian. Any payment which the de­ [ s e a l ] H. A. W allace, ceased person could have received may be Secretary of Agriculture. proved M ay 1, 1937 made jointly to the persons found to be September 9, 1939. entitled to such payment or shares there­ [F. R. Doc. 39-3328; Filed, September 11, 1939; 12:35 p. m.] The Secretary of State announces that of under this subsection, or, pursuant to the regulations under section 9 of the instructions issued by the Agricultural joint resolution of Congress approved Adjustment Administration, à separate May 1, 1937, which he promulgated on check may be issued to each person en­ TITLE 19—CUSTOMS DUTIES September 5, 1939,1 henceforth apply titled to share in such payment. equally in respect to travel by citizens BUREAU OF CUSTOMS Done at Washington, D. C. this 11th of the United States on vessels of the day of September 1939. Witness my hand [T. D. 49957] Union of South Africa. and the seal of the Department of Agri­ Enforcement of N eutrality—Com m uni­ [ seal] Cordell H u ll. culture. cations [F. R. Doc. 39-3317; Filed, September 11,1939; [ s e a l ] H . A . W a lla c e , RESPONSIBILITY FOR THE ENFORCEMENT OF 10:38 a. m.] Secretary of Agriculture. THE OBSERVANCE OF NEUTRALITY IN RADIO [F. R. Doc. 30-3327; Filed, September 11, 1939; COMMUNICATION BY MERCHANT VESSELS 12:35 p. m.] OF BELLIGERENTS R u l e s and R e g u l a t io n s G o verning the S olicitation an d C o l l e c t io n of Con­ September 8, 1939. [CAP-105 Amendment 4] t r ib u t io n s FOR USE IN THE UNION OF To the Commandant, United States Coast S o u t h A fr ic a R egulations P ertaining to 1937 Cotton Guard, the Commissioner of Cus­ Price A djustment P ayment P lan toms, and Others Concerned: S eptem ber 9, 1939.

a m e n d m e n t 4 1. Pursuant to the Proclamation of the The Secretary of State announces that President dated September 5, 1939,2 the rules and regulations under the pro­ By virtue of the authority vested in numbered 2348, concerning the general visions of Section 3 (a) of the J°ir* the Secretary of Agriculture by the item neutrality of the United States and the Resolution of Congress approved May » entitled “Price Adjustment Payment to Executive Order of the President of the 1937, in regard to the solicitation andcoi- Cotton Producers” contained in the same date,3 numbered 8233, in which lection of funds for use in France; G e - Third Deficiency Appropriation Act, certain functions to enforce said procla­ many; Poland; and the United Elingdo * fiscal year 1937, approved August 25, mation were allocated to the Treasury India, Australia, and New Zealand, w c ^ 1937 (Public Law No. 354, 75th Congress, Department, the United States Coast he promulgated on September 5, l • 1st Session; 50 Stat. 762), by Section 381 (a) of the Agricultural Adjustment 13 F.R. 2359 DI. 13 F A 3838 DI. 24 F H . 3809 DI. 2 4 F JR. 3839 DI. 14 F.R. 3669 DI. * 4 F JR. 3822 DI. 4 2 F JR. 1492. FEDERAL REGISTER, Tuesday, September 12, 1939 3883 henceforth apply equally in respect to the Century Hosiery Mills, Inc., Burling­ dated December 30, 1936, is hereby solicitation and collection of funds for ton, N. C. amended to read as follows: use in the Union of South Africa. McPar Hosiery Mill, Inc., Marion, In the Philippine Islands. In addition [ s e a l] C o rdell H u l l . N. C. Penn-Carol Hosiery Mills, Inc., Con­ to the officers designated elsewhere in [F. R. Doc. 39-3318; Filed, September 11,1939; cord, N. C. this paragraph, the United States High 10:38 a. m.] Drexel Knitting Mills Co., Drexel, N. C. Commissioner, his Administrative As­ Glenn Hosiery Mill, Burlington, N. C.; sistant, and the Chief Clerk in his office, 5 learners. under the High Commissioner’s seal; Su p p l e m e n t to t h e P a m p h l e t , “I n t e r n a ­ Doyle Hosiery Corporation, Doyles- Provincial and Municipal Treasurers, and t io n a l T r affic i n A rm s—L a w s and town, Pa. City Treasurers in Manila and Baguio, R e g u l a t io n s A dministered b y t h e Grey Hosiery Mills, Bristol, Tenn. under their respective seals; Philippine Secretary o f S tate G o v e r n in g t h e Radford Knitting Mills, Inc., Radford, postmasters under the stamp of their I nternational T r affic i n A r m s , A m ­ Va., 4 learners office; and, in Manila, Post Office in­ m u n it io n , and I m p l e m e n t s o f W ar and Pilot Full Fashion Mills, Inc., Valdese, spectors assigned in Manila, under the O th er M u n it io n s o f W ar.” N. C. seal of the Bureau of Posts: Provided, however, That the requests for payment PART X— SPECIAL PROVISIONS IN REGARD TO John L. Fead & Sons, Port Huron, witnessed and certified to by these offi­ EXPORTATION TO THE UNION OF SOUTH Michigan. cials shall be supported by the finger­ AFRICA McEwen Knitting Company, Burling­ ton, N. C. prints of the veterans in the place pro­ S e ptem ber 9, 1939. Nelson Knitting Company, Rockford, vided therefor on the back of the bonds, The Secretary of State announces that HI. and that the bonds be then forwarded the special provisions in regard to expor­ Knit Products Corporation, Belmont, to the Treasury of the Philippine Islands tation to France; Germany; Poland; and N. C. or to the Treasurer of the United States the United Kingdom, India, Australia and Julius Kayser and Company, Brook­ for payment. New Zealand, promulgated on September lyn, N. Y. 2. This amendment shall be effective 5, 1939,1 and set forth in Part IX of this Hudson Silk -Hosiery Company, Char­ September 15, 1939, and the Secretary of' pamphlet, henceforth apply equally in lotte, N. C. the Treasury may at any time, or from ' respect to the Union of South Africa. Blackstone Hosiery Mills, Valdese, time to time, withdraw or amend any or [ se al! C ordell H u l l . N. C. all of the provisions thereof. [F. R. Doc. 39-3319; Filed, September 11,1939; Hudson City Knitting Mills, Charlotte, [ s e a l ] H erbert E. G a s t o n , 10:38 a. m.] N. C. . Acting Secretary of the Treasury. These Special Certificates are issued ex parte under Section 14 of the said Act, [F. R. Doc. 39-3304; Filed, September 8, 1939; Section 522.5 (b) of Regulations Part 522, 4:05 p. m.] TITLE 29—LABOR as amended.3 For fifteen days follow­ WAGE AND HOUR DIVISION ing the publication of this notice the Administrator will receive detailed writ­ N otice o f I ssu a n c e o f S p e c ia l C e r t if i­ ten objections to any of these Special TITLE 36—PARKS AND FORESTS cates for t h e E m p l o y m e n t o f L e a r n ­ Certificates and requests for hearing from FOREST SERVICE ers i n t h e H o s ie r y I n d u s t r y interested persons. Upon due considera­ Notice is hereby given that Special tion of such objections as provided for P isg a h N a t io n a l F o r est, N o r t h C a r o l in a Certificates for the employment of learn­ in said Section 522.5 (b), such Special ers in the Hosiery Industry at hourly Certificates, or any of them, may be can­ DEER HUNTING ON PISGAH NATIONAL GAME wages lower than the minimum wage celed as of the date of their issuance and PRESERVE applicable under Section 6 of the Fair if so canceled, reimbursement of all per­ I have considered the information and Labor Standards Act of 1938 (Hosiery sons employed under such certificates evidence adduced by the officers of the Wage Order)2 are issued to the employ­ must be made in an amount equal to the Forest Service relative to the conditions ers listed below effective September 18, difference between the applicable statu­ of the land and deer herd on the Pisgah 1939 until September 18, 1940, subject tory minimum wage and any lesser wage National Game Preserve in the Pisgah to the following terms: paid such persons. National Forest in North Carolina, es­ Signed at Washington, D. C.. this 9th occupations an d w a g e rates tablished by proclamation of the Presi­ day of September, 1939. dent issued October 17, 1916, 39 Stat. The employment of learners in the G u s t a v P e c k , Hosiery Industry under this Certificate 1811, and I hereby find and determine Assistant Chief, Hearings that the number of deeT within the Pis­ is limited to the following occupations, and Exemptions Section. learning periods, and minimum wage gah National Game Preserve is so great rates: [F. R. Doc. 39-3313; Filed, September 11, 1939; that they have caused and are causing 9:33 a. m.] serious ’ damage and injury to the land IHere follows, in the original docu­ ment, a table identical with that appear­ and forest within the Pisgah National ing on Page 3827 of the “Federal Regis- Game Preserve and I further find and TITLE 31—MONEY AND FINANCE: determine that unless the deer herd is ter” fo r Thursday, Septem ber 7, 1939.1 TREASURY reduced the damage and injury to the NUMBER OF LEARNERS PUBLIC DEBT SERVICE land and forest will continue and grow Not in excess of 5% of the total num­ [1939— Amendment 2, Department Circular progressively worse and will result in fur­ ber of factory workers employed in the N q. 560, Rev.] ther reducing the forage capacity of the Pisgah National Game Preserve for deer*, Plant may be employed under any of P art 313— R e g u l a t io n s G o v e r n in g Now, therefore, I, Henry A. Wallace, these certificates, unless otherwise indi­ A d ju sted S er vice B o n d s o f 1945 cated hereinbelow. Secretary of Agriculture, pursuant to the S e pte m b e r 5, 1939. authority vested in me by the acts of NAME AND ADDRESS OF FIRM To Ovmers of Adjusted Service Bonds, March 1, 1911, c. 186, 36 Stat. 961; Feb­ Delsea Hosiery Mill, Westville Grove, and Others Concerned: ruary 1,1905, c. 288, 33 Stat. 628, amend­ H. J., 5 learners-* 1. Paragraph 12 (g) of Department atory of the act of June 4, 1897, c. 2, 30 Circular No. 560, Revised, as amended, Stat. 11, 35; August 11, 1916, c. 313, 39 14 F.R. 3838 DI. Stat. 476; to effectuate the purpose of 4 F-R. 3680, 3711 DI. 3 4 F.R. 2088 DI. those acts do hereby authorize: 3884 FEDERAL REGISTER, Tuesday, September 12, 1939

1. Employees of the Department of practices thereby sought to be altered Agriculture assigned to duty on the Notices shall not be changed by any subsequent Pisgah National Forest or persons tariff or schedule, until this investigation authorized pursuant to the Regulations and suspension proceeding has been dis­ of the Secretary of Agriculture Relating FEDERAL COMMUNICATIONS COM­ posed of or until the period of suspen­ to the Protection, Occupancy, Use and MISSION. sion has expired, unless authorized by Administration of the National Forest, [Docket No. 5719] special permission of the Commission. published in the F ederal R egister of It is further ordered, That a copy of August 15, 1936,1 to hunt and kill deer I n t h e M atter o f R e s t r ic t io n o f T e l e ­ this order be filed with said schedules in on the Pisgah National Game Preserve graph R ates t o I n d iv id u a l s b y t h e tile office of the Federal Communications and to remove the carcasses of the deer W e ste r n U n i o n T e leg r aph C o m p a n y Commission, and that copies hereof be from the Preserve during the months of NOTICE OF HEARING forthwith served upon the carriers party October, November, December, 1939, and to sueh schedules, and that said carriers At a session of the Federal Communi­ January 1940, or any part of that period party to said schedules be, and they are cations Commission, held at its office in designated by the Chief of the Forest hereby, made respondent to this pro­ Washington, D. C., on the 6th day of Service; ceeding; and September, A. D. 1939. It is further ordered, That this pro­ 2. Employees of the Department of It appearing that there have been filed Agriculture assigned to duty on Pisgah ceeding be, and the same is hereby as­ with the Federal Communications Com­ signed for hearing at 10:00 A. M., on the National Forest to trap, capture and ship mission tariffs containing schedules stat­ live deer of the Pisgah National Game 9th day of October, 1939, at the office of ing new charges and new classifications, the Federal Communications Commis­ Preserve at any time during the balance regulations and practices affecting such of the year 1939 and the year 1940 or any sion, in Washington, D. C. charges to become effective on the 10th By the Commission. part of that period designated by the day of September, 1939, designated as Chief of the Forest Service; [ s e a l ] T. J. S l o w ie , follows: Secretary. provided that the deer shall be removed THE WESTERN UNION TELEGRAPH COM­ in such numbers and in such manner, PAN Y SUPPLEMENT NO. 3 to P. C. C. NO- [P. R. Doc. 39-3308; Piled, September 9, 1939; and under such conditions as the Chief 144 10:55 a. m.] of the Forest Service shall find necessary It is ordered, That the Commission, on for the preservation and protection of its own motion, without formal pleading [Docket Nos. 5675, 5674] the land and forest, the property of the enter upon a hearing concerning the United States. lawfulness of the charges, and of the [Pile Nos. P I—PC—54, P2-PC-55] Given under my hand and the seal of regulations, classifications, and practices I n re A p p l ic a t io n o f R adiomarine the United States Department of Agri­ stated in the said schedules contained in C o r p o r a t io n o f A m e r ic a (WBL) culture, Washington, D. C., this 9th day said tariffs; viz., all provisions shown in of September, 1939. Dated A p ril 17, 1939, fo r construction connection with the listings of the fol­ perm it; doss of service—Public coastal; [ s e a l ] H. A. W allace, lowing places: Secretary of Agriculture. class of station—Coastal telephone; loca­ Clearwater Beach, Greenwood and tio n —Buffalo, N. Y.; operating assign­ [F. R. Doc. 39-3316; Piled, September 11,1939; Loughman, Florida; Mac Gregor, Idaho; ment specified—Frequency, 2132, 4282.5 9:40 a. m.] Springhill, Louisiana; College Park, Jcc ca llin g ; 2514, 2572, 2738, 42823 fcc Maryland; Fiskdale, Massachusetts; East working; power, 75 w night; 75 w day; Laport, North Carolina; Hubbard, Ohio; hours of operation, unlimited during sea­ Farmers Valley and Irvineton or Irvine, son of Great Lalces navigation.

TITLE 46—SHIPPING Warren County, Pennsylvania; Mayo I n re A p p l ic a t io n o f R adiomarine and McClellan ville, South Carolina; C o r p o r a t io n o f A m e r ic a (WCY) UNITED STATES MARITIME Keokee, Virginia; Braeholm, Mallory and COMMISSION Wharton, West Virginia. Dated A p ril 17, 1939, fo r construction permit; class of service—Public coastal; It further appearing, that said sched­ R e s c is s io n o f R e g u l a t io n G o v e r n in g t h e class of station—Coastal telephone; lo­ ules make certain changes in rates for C harter to P e r so ns n o t C it iz e n s o f cation—West Dover, Ohio; operating “Domestic Telegraph Service” in inter­ t h e U n it e d S tates, o f V essels D o c u ­ assignment specified—Frequency, 2182» state and foreign commerce, and the m e n t e d U nder t h e L a w s o f t h e U n it e d 4282.5 kc ca llin g ; 2514, 2572, 2738, 4282.5 rights and interests of the public ap­ S tates or t h e L ast D ocumentation o f kc working; power, 400 w night; 600 w pearing to be injuriously affected W h ic h w a s U nder t h e L a w s o f t h e day; hours of operation, unlimited dur­ thereby, and it being the opinion of the U n it e d S tates ing season of Great Lakes navigation. Commission that the effective date of At a session of the United States Mari­ the said schedules contained in said n o t ic e o f h e a r in g tariffs should be postponed pending said time Commission held at its offices in Y ou are hereby notified that the Coni" Washington, D. C., on the 9th day of hearing and decision thereon; mission has examined the above de­ September, 1939: It is further ordered, That the opera­ scribed applications and has designs e tion of the said schedules contained in Ordered that General Order No. 18 the matters for hearing for the following said tariffs be suspended, and that the (Amended)2 adopted by the United States reasons: use of the rates, charges, classifications, Maritime Commission on August 3, 1939 regulations, and practices therein stated 1. To determine the legal, technical, be, and hereby is, rescinded. be deferred until the 10th day of De­ financial, and other qualifications of . By order of the United States Mari­ cember, 1939, unless otherwise ordered licant. . time Commission. by the Commission, and no change shall . To determine whether the frequen- applied for are available for use a [ s e a l ] W. C. P e e t , Jr., be made in such charges, classifications, Secretary. regulations, and practices during the lesteu. , x,Ari said period of suspension, unless author­ To determine whether the sta [P. R. Doc. 39-3322; Filed, September 11,1939; ized by special permission of the Com­ :pment and mode of operation co 11:46 a. m .] mission. a to good engineering practice. To determine the need for the type *1 P R . 1090. It is further ordered, That the charges S4 P R . 3569 DI. and the classifications, regulations, and FEDERAL REGISTER, Tuesday, September 12, 1939 3885

5. To determine whether interference (d) The Commission has received The Commission orders that: would be caused to any existing station comments and suggestions with respect in this or other services. to said tentative draft from certain State A public hearing on said application 6. To determine whether public in­ commissions, natural-gas companies and be held beginning the 25th day of Sep­ terest, convenience and necessity would others; tember, 1939, at 10:00 A. M., in the be served. (e) It is appropriate in the public in­ hearing room of the Federal Power Commission, Hurley-Wright Building, The applications involved herein will terest that a public hearing be held with respect to the adoption of said proposed 1800 Pennsylvania Avenue, N.W., Wash­ not be granted by the Commission un­ ington, D. C., and"that at said hearing less the issues listed above are deter­ system of accounts in order to provide an opportunity for natural-gas compa­ the above-named applicant make fur­ mined in favor of the applicant on the ther showing that neither public nor basis of a record duly and properly made nies, State commissions, and persons, corporations or organizations having an private interests will be adversely af­ by means of a formal hearing. fected by reason of his holding positions The applicant is hereby given the op­ interest in the matter to appear and be heard with respect to the adoption of within the purview of Section 305(b) of portunity to obtain a hearing on such the Federal Power Act. issues by filing a written appearance in said system of accounts; accordance with the provisions of Sec­ The Commission orders that: By the Commission. tion 1.382 (b) of the Commission’s Rules [ s e a l ] L e o n M . F u q u a yj (a) A public hearing be held on Sep­ of Practice and Procedure.1 Persons tember 27, 1939, at 10 o’clock a. m. in Secretary. other than the applicant who desire to the Hearing Room of the Federal Power [P. R. Doc. 39-3315; Piled, September 11,1939; be heard must file a petition to intervene Commission, Hurley-Wright Building, 9:35 a. m.] in accordance with the provisions of 1800 Pennsylvania Avenue, N.W., Wash­ Section 1.102 of the Commission’s Rules ington, D. C., for the purpose of receiv­ of Practice and Procedure.2 ing evidence with respect to the adoption The applicant’s address is as follows: [Docket No. IT-5580] of the proposed uniform system of Radiomarine Corporation of America, n t h e atter o f e w n g l a n d o w e r accounts for natural-gas companies I M N E P % RCA Frequency Bureau, 30 Rocke­ o m p a n y from any State commission, natural-gas C feller Plaza, New York, N. Y. company, or person, corporation, or or­ ORDER POSTPONING HEARING Dated at Washington, D. C. September ganization having an interest in the 8, 1939. matter; S e pte m b e r 8, 1939. By the Commission. (b) The Secretary of the Commission Commissioners: Clyde L. Seavey, Chairman; Claude L. Draper, Basil [ se al] T. J. S l o w i e , shall cause this order to be forthwith Manly, Leland Olds, John W. Scott. Secretary. published in the F ederal R eg ist e r . It appearing to the Commission that: [P. R. Doc. 39-3320; Piled, September 11,1939; By the Commission. By order of the Commission, adopted 10:56 a. m.] [ s e a l ] L e o n M . F u q u a y , July 26, 1939, a public hearing in the Secretary. above-entitled proceeding was set for September 13, 1939;1 [P. R. Doc. 39-3305; Piled, September 9, 1939; 9:07 a. ,m.] The Commission, on its own motion, FEDERAL POWER COMMISSION. orders that: Commissioners: Clyde L. Seavey, The aforesaid public hearing be and Chairman; Claude L. Draper, Basil [Docket No. ID-448] the same is hereby postponed to Sep­ Manly, Leland Olds, John W. Scott. tember 25, 1939, at 10:00 A. M., in the I n t h e M atter of D. E dgar M a n s o n [Docket No. G-137] Commission’s hearing room at 1757 K Street, N. W., Washington, D. C. ORDER FIXING DATE OF HEARING In the M atter o f U n if o r m S y s t e m of By the Commission. A c c o u n t s T o B e P rescribed for N a t u ­ S e pte m b e r 8, 1939,. [ s e a l ] L e o n M . F u q u a y , ral-G as C o m p a n ie s S u b je c t to t h e Commissioners: Clyde L. Seavey, Secretary. P r o v isio n s o f t h e N atu r a l G as A ct Chairman; Claude L. Draper, Basil [P. R. Doc. 39-3314; Piled, September 11,1939; ORDER FIXING DATE FOR HEARING Manly, Leland Olds, John W. Scott. 9:35 a. m.] S epte m b e r 6, 1939. It appearing to the Commission that: It appearing to the Commission that : (a) Upon application, and supplements thereto, filed by the above-named appli­ (a) Section 8 (a) of the Natural Gas cant pursuant to Section 305 (b) of the SECURITIES AND EXCHANGE COM­ Act authorizes the Commission to pre­ Federal Power Act for authorization to scribe a system of accounts to be kept MISSION. hold certain interlocking positions within by natural-gas companies and to classify the purview of Section 305 (b ), the Com­ United States of America—Before the such natural-gas companies and pre­ mission has heretofore authorized the Securities and Exchange Commission scribe a system of accounts for each said applicant to hold said positions and class; At a regular session of the Securities that the orders of authorization hereto­ (b) A tentative draft, dated May 15, and Exchange Commission, held at its fore made reserve to the Commission the 1939, of a uniform system of accounts office in the City of Washington, D. C., on right to require the applicant to make to be prescribed for natural-gas compa­ the 30th day of August, A. D. 1939. further showing that neither public nor nies subject to the provisions of the private interests will be adversely af­ [Pile Nos. 43-177, 64r—1] Natural Gas Act, has been prepared; fected by reason of the applicant holding I n t h e M atter o f H u n t in g t o n D e v e l o p ­ (c) On June 20, 1939, copies of said said positions; tentative draft were sent by the Com­ m e n t an d G as C o m p a n y and C o l u m b ia mission to State commissions, natural- (b) It is in the public interest that the G as & E lec t r ic C o r po r atio n above-named applicant make further gas companies and other interested per- ORDER MAKING DECLARATION EFFECTIVE AND showing at this time that neither public sons and organizations and comments APPROVING APPLICATION and suggestions with respect thereto nor private interests will be adversely Huntington Development and Gas were requested to be filed with the Com­ affected by reason of his holding said Company, a subsidiary of Columbia Gas & mission on or before July 10, 1939; positions; (c) Such further showing can best be Electric Corporation, a registered holding ‘ 4 P.R. 3350 DI. made in the form and manner of a public 4 P.R. 3344 D L hearing held for that purpose; 14 F JR. 3476 D L 3886 FEDERAL REGISTER, Tuesday, September 12, 1939 company, having filed a declaration pur­ (2) No charge to this reserve (other ture in which the offer to purchase and suant to Section 7 of the Public Utility than the charges presently proposed to the solicitation of acceptances thereto Holding Company Act of 1935 regarding be made) shall be made unless (a) such were made; J0* the reduction of the par value of its 40,000 charge has previously been authorized by The applicant and the intervening Shares of common stock from $100 per appropriate resolution of applicant’s applicant having on July 20, 1939, filed share to $50 per share; board of directors, and (b) subsequent to a further amendment in this matter Said Columbia Gas & Electric Corpora­ such resolution of the board of directors, setting forth that at the close of busi­ tion having filed an application pursuant thirty days’ prior notice of the making ness July 7, 1939, the applicant had to Instruction 8C to the Uniform System of such charge be given to this Commis­ acquired, pursuant to solicitation sub­ of Accounts for Public Utility Holding sion. The Commission reserves juris­ mitted after authority given by this Companies, promulgated under Section diction, on receipt of such notice, in and Commission and the United States Dis­ 15 of said Act requesting approval of pro­ as part of the proceedings herein, after trict Court for the Northern District of posed entries to record the transfer to notice given within such thirty days and Illinois, Eastern Division, $803,000 prin­ Columbia Gas & Electric Corporation of opportunity for hearing, to disapprove cipal amount of said bonds; that a bal­ the stocks of Huntington Development such charge on the basis of the record ance of $210,000 principal amount of and Gas Company, and other assets of the herein and any additional evidence that said bonds remained outstanding in the former Huntington Gas Company, which may be adduced by any interested party; hands of the public; that under the last named company is now dissolved; and in the event that the Commission order of this Commission the right to A joint public hearing on said declara­ shall notify applicant to show cause why solicit the purchase of these bonds ter­ tion and application having been held such charge should not be disapproved, minated July 13, 1939; that the appli­ after appropriate notice; the said declar­ the charge in question shall not be made cant and intervening applicant believed ant and applicant prior to the filing of the until expressly authorized by order of that after an additional thirty days time Commission’s findings, opinion and order this Commission. is granted to said applicant and inter­ herein, having waived a Trial' Examiner’s (3) This Commission reserves the right vening applicant for the purpose of so­ report, the right to submit findings of to require additional charges, on account liciting the acceptance of the offer to fact to the Commission, and to have sub­ of items in Columbia Gas & Electric Com­ purchase such bonds from the remain­ mitted to them proposed findings of fact pany’s -investment in Huntington De­ ing bondholders, all or substantially all by counsel to the Commission, and the velopment and Gas Company to this of said remaining bonds could have been right to file briefs and have oral argument reserve, other than those now proposed acquired; and therefore requesting that before the Commission; the Commission by applicant. this Commission extend the applicant’s having considered the record in these By the Commission. right to solicit acceptances of its offer matters and having filed its findings and to purchase Elkhorn bonds at a price of opinion herein; [ s e a l! F r a n c is P. B rassor, 70% of the principal amount subject to It is ordered, That the declaration of Secretary. all of the terms and conditions of the Huntington Development and Gas Com­ [P. R. Doc. 39-3307; Piled, Septmber 9, 1939; previous order of this Commission here­ pany be and become effective subject to 10:49 a. m.] tofore mentioned; and this Commission the following terms and conditions: having by order dated July 13, 1939 (1) No charge (other than the charge (Holding Company Act Release No. proposed to be made to eliminate the United States of America—Before the 1628) granted said extension to August deficit in declarant’s earned surplus ac­ Securities and Exchange Commission 12, 1939; count) shall be made to Special Capital At a regular session of the Securities The applicant and the intervening ap­ Surplus unless (a) such charge has and Exchange Commission, held at its plicant having on September 8, 1939 filed a further amendment in this mat­ previously been authorized by appro­ office in the City of Washington, D. C., ter setting forth that at the close of priate resolution of declarant’s board of on the 9th day of September, A. D. 1939. directors and (h) subsequent to such business on August 12, 1939 the appli­ [Pile No. 46-70] resolution of the board of directors, thirty cant had acquired $935,700 of the Gold days’ prior notice of the making of such I n t h e M atter o f U t il it ie s P o w e r & Bonds above mentioned, and requesting charge be given to this Commission. The L ig h t C o r po r a t io n L im it e d , e t al that this Commission extend to and in­ cluding November 30, 1939 the appli­ Commission reserves jurisdiction, on re­ ORDER RELATIVE TO ACQUISITION OF BONDS ceipt of such notice, in and as part of cant’s right to solicit acceptances of its the proceedings herein, after notice given The Commission having by order on offer to purchase said Bonds subject to within such thirty days and opportunity May 20, 1939 (Holding Company Act the terms and conditions of the previous for hearing, to disapprove such charge Release No. 1548) authorized the Util­ orders of this Commission; on the basis of the record herein and ities Power k Light Corporation, Lim­ It appearing to the Commission that any additional evidence that may be ited, a wholly-owned subsidiary of Util­ it is in the public interest and in the adduced by any interested party; and ities Power & Light Corporation, a reg­ interest of investors or consumers to in the event that the Commission shall istered holding company (presently in grant an extension of time during which notify declarant to show cause why reorganization proceedings under Sec­ the applicant and intervening applicant such charge should not be disapproved, tion 77B of the Bankruptcy Act, pro­ may purchase said bonds; and the Com­ the charge in question shall not be made ceedings in which are pending in the mission having in its orders, heretofore until expressly authorized by order of District Court of the United States for mentioned, reserved jurisdiction for the this Commission. the Northern District of Illinois, East­ purpose, among others, of passing upon ern Division) and the Trustee of the any question that might arise in con­ It is further ordered, That the applica­ estate of the debtor as intervening ap­ nection with the purchase offer and so­ tion of Columbia Gas & Electric Corpora­ plicant, to acquire the outstanding licitations of acceptances thereto; tion be and the same hereby is approved, Twenty Year 6% First Mortgage Sink­ It is ordered, That the authority of subject to the following terms and con­ ing Fund Gold Bonds of Utilities Elk- the applicant to acquire the Twen y ditions: horn Coal Company, due July 1, 1948, Year 6% First Mortgage Sinking Funa (1) H ie reserve of $3,342,465.24 which with January 1, 1938 and subsequent Gold Bonds of Utilities Elkhorn Coai coupons attached, at a price of 70% of Columbia Gas & Electric Corporation is Company, due July 1, 1948, with the principal amount thereof subject to setting up against its investment in uary 1, 1938 and subsequent coupons at­ Huntington Development and Gas Com­ certain terms and conditions therein set tached, shall be and it hereby is ex­ pany shall be carried on the consolidated forth including the condition that the balance sheet as a reserve against con­ offer of purchase shall expire thirty days tended to November 30, 1939, 1Jclusi^ ’ solidated property account. from the date of mailing of the litera­ subject in all other respects to the FEDERAL REGISTER, Tuesday, September 12, 1939 3887

terms and conditions of the original It is ordered, That a hearing on such any other person whose participation in order of May 20, 1939. matter be held on September 28, 1939, such proceeding may be in the public By the Commission. at 9:45 o’clock in the forenoon of that interest or for the protection of in­ [ s e a l] F r a n c is P . B rassor, day, at the Securities and Exchange vestors or consumers. It is requested Secretary. Building, 1778 Pennsylvania Avenue that any person desiring to be heard or [P. R. Doc. 39—3321; Filed, September 11,1939; NW., Washington, D. C. On such day to be admitted as a party to such pro­ 11:25 a.m .] the hearing-room clerk in room 1102 ceeding shall file a notice to that effect will advise as to the room where such with the Commission on or before Sep­ hearing will be held. At such hearing, tember 23, 1939. United States of America—Before the if in respect of any declaration, cause The matter concerned herewith is in Securities and Exchange Commission shall be shown why such declaration regard to the acquisition for retirement At a regular session of the Securities shall become effective. by applicant of 7,400 shares of its out­ and Exchange Commission held at its It is further ordered, That Charles S. standing $7 Cumulative Preference office in the City of Washington, D. C., Moore or any other officer or officers of Stock, par value $100, for cash at $80 on the 11th day of September, A. D. the Commission designated by it for that per share. Such shares are to be ac­ 1939. purpose shall preside at the hearings in quired from The Middle West Corpora­ [File No. 44—44] such matter. The officer so designated tion, a registered holding company, I n th e M atter o p M id d le W e st U t il it ie s to preside at any such hearing is hereby which owns all of applicant’s outstand­ C o m p a n y o f C a nad a, L im it e d authorized to exercise all powers granted ing securities, including 14,000 shares of to the Commission under section 18 (c) $7 Cumulative Preference Stock pres­ n o t ic e o f an d order for h e a r in g of said Act and to a trial examiner ently outstanding. An application pursuant to Rule U - under the Commission’s Rules of Prac­ By the Commission. 12C-1 of the Public Utility Holding Com­ tice to continue or postpone said hear­ [ s e a l] F r a n c is P . B rassor, pany Act of 1935, having been duly filed ing from time to time. Secretary. with this Commission by the above- Notice of such hearing is hereby given named party; [F. R. Doc. 39-3330; Filed, September 11,1939; to such declarant or applicant and to I 12:37 p.m .]