f 9

REGISTE

VOLUME 11 '9 3 4 ^ NUMBER 251 * Í/A/ITEO %

Washington, Friday, December 27, 1946

i The President ations under the Civil Service Rules and CONTENTS authorized the adoption of special regu­ lations during the transitional period, see THE PRESIDENT EXECUTIVE ORDER 9815 Executive Order 9815, supra. Executive Order: Pa8e Civil Service Commission, direc­ Amending Section 7 of Executive Order tion to resume operations No. 9691 of February 4,1946, Entitled under Civil Service rules “Directing the Civil Service Com­ TITLE 6—AGRICULTURAL CREDIT and authorizing adoption of mission To R esume Operations U nder Chapter II—Production and Marketing special regulations during the Civil Service Rules, and Au ­ transitional period; amend­ Administration (Commodity Credit) thorizing the Adoption of Special ment______14661 Regulations D uring the T ransitional P art 245—I r ish P otatoes Period” - . * REGULATIONS AND NOTICES SUBPART— 1947 ACREAGE GOALS By virtue of the authority vested in A griculture D epartment. See also GENERAL me by the Civil Service Act of January Commodity Credit Corpora­ 16, 1883 (22 Stat. 403), and section 1753 Sec. 245.68 Applicability of §§ 245.68 to 245.85, tion; Dairy Industry Bureau. of the Revised Statutes, and in the in­ inclusive. Fruits and vegetables, fresh, and terest of the internal management of 245.69 Definitions. other products; U. S. stand­ the Government, the proviso of section 7 245.70 Extent of calculations and rule of ards ______14665 of Executive Order No. 9691 of February fractions. Import authorizations for sugar 2^5.71 Instructions and forms. 4, 1946, is hereby amended to read as syrups and related items, is­ follows: NATIONAL AND STATE ACREAGE GOALS AND COUNTY suance; statement of policy. 14673 “Provided, That no person shall con­ LIMITS Naval Stores Act, enforcement; tinue in employment under the authority 245.72 Establishment of the national acre­ revision of regulations_____ 14665 of this section after the general revision age goal and apportionment C ivil Service Co m m is s io n : of Schedule A is promulgated, unless the among the States. Executive orders affecting Civil position occupied by such person shall 245.73 Apportionment of State acreage Service; resumption of op­ goals between large and small have been included under Schedule A. farms. erations under Civil Service This section shall not apply to positions 245.74 Apportionment of the State acreage rules and adoption of special filled by persons having a classified for large farm goals among the regulations during transi­ (competitive) civil service status.” counties as county limits. tional period ______14661 Civilian P roduction Administra­ H arry S. T ruman ACREAGE GOALS FOR LARGE FARMS tio n: The W hite H ouse, 245.75 Determination of preliminary acre­ Applications, place of filing December 23, 1946. age goals of three or more acres for old farms. (VHP-1, Supp. 5 )______14690 [F. R. Doc. 46-21962; Filed, Dec. 24, 1946; 245.76 Old farm acreage goals of three or Suspension orders, etc.: 10:39 a. m.] more acres. Apex Battery Mfg. Co______14689 245.77 Determination of acreage goals of Farnesi, Pete______14691 three acres or more for new farms. Kwasny, Nick F ______14691 Regulations ACREAGE'GOALS FOR SMALL FARMS Linberger, Leo J______14691 245.78 Goal for small farm. Spitz, Samuel L ______14698 Still, Tom, Transfer Co., Inc. TITLE 5—ADMINISTRATIVE ESTABLISHMENT OF SEPARATE ACREAGE GOALS FOR et al______14690 EARLY COMMERCIAL AND LATE AND OTHER Volta Battery Co______14689 PERSONNEL POTATOES IN EARLY COMMERCIAL AREAS Telephone service (U-2, Revo­ Chapter I—Civil Service Commission 245.79 Separate goals. cation) ______14691 245.80 Single goals. Part 91—Executive Orders Affecting Tin mill products, effect of cer­ the Civil Service N ot Otherwise Cov­ APPROVAL AND CORRECTION OF GOALS tain certified orders (M-21, ered in T his Chapter 245.81 Approval. Revocation of Dir. 9 )______14689 Commodity Credit Corporation: r esum ptio n o f o peratio ns u n d e r c iv il 245.82 Correction. Potatoes, Irish; 1947 acreage service r u l e s ; a d o pt io n o f spe c ia l reg­ NOTICE AND APPEALS goals------14661 u l a t io n s DURING TRANSITIONAL PERIOD 245.83 Notice. Customs Bureau: Cross Reference: For amendment of 245.84 Appeals. Vessels in foreign and domes­ Executive Order 9691, which directed the 245.85 Bequest for consideration. tic trade; waiver of coast­ Civil Service Commission to resume oper- (Continued on p. 14663) wise laws______14681 14661 14662 FEDERAL REGISTER, F r id a y , D e c e m b e r 27, 1946

Y CONTENTS—Continued * CODIFICATION GUIDE—Continued

I nternal R evenue B ureau— Con. Page T it l e 6— A gricultural C r e d it : Page FEDERAäfeREGISTER Labeling and advertising: Chapter n — Production and Distilled spirits; proposed Marketing Administration ^ » » «¡

CODIFICATION GUIDE—Continued goals are established for early commer­ (g) “Old farm” means a farm on cial and late and other potatoes, who which potatoes have been planted in Title 25— I ndians: Page plants in excess of either of such goals, one or more years since 1942 (or since Chapter I— Office of Indian A f- shall, subsequent to the date of such ex­ i fairs: 1943 in States where the representative cess planting, be eligible to participate period begins with 1944) or on which * Part 130 — Operation and , in 1947 potato price support operations. the 1947 farm operator’s personal his­ maintenance charges I tory for such period is used in deter­ (proposed)-______14686/14697 § 245.69 Definitions. As used in sec­ mining the farm goal. Title 27—Intoxicating L iquors: tions 245.68 to 245.85 inclusive, and in (h) “Cropland” means that land on Chapter I— Bureau of Internal all instructions, forms and documents in j Revenue: connection therewith, the words and the farm which is included as cropland for purposes of the Agricultural Conser­ V Part 4—Labeling and adver­ phrases defined in this section shall have vation Program but shall not include tising of wihe (proposed) _ 14686, the meanings herein assigned to them wood or wasteland from which no culti­ / 14694 unless the context or subject matter vated crop was harvested in any of the V Part 5—Labeling and adver­ otherwise requires. years 1942 through 1946. tising of distilled spirits (a) Committees. (1) “County com­ J (i) “National goal” means the total (proposed)------14686,14696 mittee” means the group of persons of 2,669,800 acres of early commercial ' Part 6—Inducements fur­ elected within a county to assist in the and late and other Irish potatoes estab­ nished to retailers (pro- j administration of the Agricultural Con­ lished by the United States Department posed)------14686/14697 servation Program in such county. of Agriculture as necessary to produce T itle 31—M o n e y and F in a n c e : (2) “State committee” means the a 1947 crop sufficient for all domestic T r e a s u r y : group of persons designated as the State and export requirements without un­ Chapter I— Monetary Offices: Committee of the Production and Mar­ duly curtailing production in any area. J Part 131—General licenses keting Administration charged with the (j) “State goal” means the number under E. O. 8389'(2 doc­ responsibility of administering Produc­ of acres out of the National goal allo­ uments)______14687 V tion and Market Administration pro­ cated by the Production and Marketing Chapter II—Fiscal Service: grams within the State. (b) “Farm” means all adjacent or Administration to be planted within a nI Part 280— Administration of particular State. foreign currencies and nearby farm land under the same own­ (k) “County limit” means the number credits under dispositions ership which is operated by one person, including also: of acres out of the State goal allocated of~" surplus property to a particular county for apportioning abroad and Lend-lease (1) Any ôther adjacent or nearby farm among large farms within that county. settlements______14687 v land which the county committee, in ac­ cordance with instructions issued by the (l) “County cropland factor” means Title 32—N ational Defense: Field Service Branch, Production and that percentage determined by dividing Chapter VIII— Office of Inter- the total cropland of all old large farms national Trade : Marketing Administration, determines is j in the county into the county limit. J Part 80L—General regula­ operated by the same person as part of the same unit with respect to rotation (m) “Cropland ratio indication” tions i(2 documents)— __ 14688/ of crops and with workstock, farm ma­ means that acreage determined by mul­ 14689 tiplying the number of acres of cropland Chapter IX— Office of Tempo­ chinery, and labor substantially separate from that for any other lands; and in a farm by the county cropland factor. rary Controls, Civilian Pro­ (n) “Average past acreage” means duction Administration : (2) Any other field-rented tract (whether operated by the same or an­ that acreage determined by dividing the N ote: Regulations and orders other person) which, together with other total acreage of potatoes planted on a appearing under this chapter are land included in the farm, constitutes farm (or by an operator if personal his­ listed only in the Table of Con­ tory is used), during the representative tents, supra. a unit with respect to the rotation of crops. period established by the State commit­ Chapter X I— Office of Tempo­ A farm shall be regarded as located in tee by the number of years in such rary Controls, Office of the county in which the principal dwell­ period. Price Administration: ing is situated, or if there is no dwelling (o) “Operator” means the person who N ote: Regulations and orders thereon it shall be regarded as located is in charge of the supervision of the appearing under this chapter are in the county in which the major por­ farming operations on the entire farm. listed oniy in the Table of Con­ tion of the farm is located. (p) “Person” means an individual, tents, supra. (c) “Representative period” means the partnership, association, corporation, es­ tate or trust or other business enterprise Title 38—P ensions, B onuses, and period of consecutive years selected by Veterans' R elief: the State committee to be used uni­ or'legal entity, and wherever applicable, Chapter I— Veterans’ Adminis­ formly within the State in determining a State, a political subdivision of a State, tration: j past acreage of potatoes. Such period or any agency thereof. >1 Part 10—Insurance______14692 ^ of consecutive years shall consist of at (q) “Early commercial” means pota­ toes of the early or intermediate har­ Title 49— Transportation a n d least three years, and shall end no earlier R ailroads: than 1945 and begin no earlier than vest, or acreage planted to potatoes for Chapter I — Interstate Com? 1937. The length of the period selected early or intermediate harvest, in areas j merce Commission: within these limits shall be determined désignated by the Bureau of Agricultural i Part 95— Car service______14693’ , on the basis of the availability of data Economics or by the Production and 1 Part 170—Commercial zones. 14693 4 and the number of years necessary to Marketing Administration as Commer­ arrive at representative averages of past cial Early Irish Potato Areas. potato acreages within the State. (r> “Late and other” means all pota­ Auth ority: §§ 245.68 to 245.85 inclusive, toes, or acreage planted to potatoes, not issued under sec. 4 (a ), 55 Stat. 498 as (d) “New farm” means a farm on amended by 56 Stat. 768: 15 ü. S. C., Sup. which potatoes have not been planted included within the definition of “Early 713a-8. since 1942 (or since 1943 in States where commercial.” GENERAL the representative period begins with (s) “Director” as used with respect to 1944) and on which the 1947 farm op­ the Director of the Fruit and Vegetable § 245.68 Applicability of §§245.68 to erator’s personal history for such period Branch, Production and Marketing Ad­ 245.85 inclusive. Sections 245.68 to 245.85 ministration, or the Director of the Field inclusive, shall govern the establishment is not used in determining the farm goal. Service Branch, Production and Market­ of farm acreage goals for Irish potatoes (e) “Large farm” means a jfarm for ing Administration, means such Director for use in connection with United States which a 1947 potato acreage goal of or a person or persons duly authorized Department of Agriculture price support three or more acres is established. operations relating to the 1947 crop of (f ) “Small farm” means a farm on to act in his behalf. such potatoes. No person who plants which potatoes are planted in 1947 and § 245.70 Extent of calculations and potatoes in excess of the 1947 goal estab­ for which a 1947 potato acreage goal of rule of fractions. All acreages except lished for his farm, or, where separate three or more acres is not established. final acreage goals shall be expressed to 14664 FEDERAL REGISTER, F r i d a y , D e c e m b e r -2 7 , 1946 the nearest one-tenth acre and fractions (1,000 acres] acreage determined by the county com­ of fifty-one thousandths of an acre or mittee to be fair and reasonable for the more shall be rounded upward, and frac­ Late Early farm in relation to the goals established or Com­ State tions of five-hundredths of an acre or less other mercial goal for other old large farms in the county, shall be dropped. Final goals of from State guide guide taking into considération the cropland three to ten acres may be uniformly es­ 1 2 8 ratio indication, average past acreage, tablished within the county to the near­ topography, crop rotation practice, and est half acre, and final goals larger than labor and equipment available for the Oklahoma-— . 23.9 2.0 25.9 ten acres may be so established to the South Carolina. 10.2 11.6 21.7 production of potatoes. In computing nearest acre. Texas...... 31.3 24.2 55.6 average past acreages, farm acreage only Arizona______4.6 4.6 § 245.71 Instructions and forms. The California_____ 38.4 ' 53.3 91.7 shall be used except in areas or instances Colorado...... 85.2 85.2 where the county committee determines Director of the Fruit and Vegetable Idaho___ -....>_ 165.3 165.3 Branch shall cause to be prepared and Kansas______15.6 5.2 20.8 that consideration of personal history issued such instructions and forms as Montana______19.1 19.1 is necessary in order tq establish fair and Nevada______3.0 3.0 reasonable farm acreage goals, such as may be deemed necessary or expedient New Mexico___ 4.9 4.9 for carrying out §§ 245.68 to 245.85 inclu­ North Dakota.. 165.9 165.9 those areas or instances where it is Oregon...... 45.4 45.4 common practice for the farmer to op­ sive. Utah...... 16.1 16.1 Washington___ 48.6 48.6 erate differing tracts of land on a rental NATIONAL AND STATE ACREAGE GOALS AND Wyoming...... 15.0 15.0 basis from year to year. COUNTY LIMITS United States. 2,302. 5 367.3 2,669.8 § 245.76 Old farm acreage goals of § 245.72 Establishment of the national three or more acres. The preliminary acreage goal and apportionment among acreage goals determined for all old the States. A preliminary national acre­ § 245.73 Apportionment of State acre­ large farms in any county pursuant to age goals between large and small farms. age goal of 2,631,000 acres was appor­ § 245.75 shall be equitably adjusted by Each State committee shall establish, tioned among the States on the basis of the county committee so that the total with the approval of the Director of the the simple average of planted potato of such goal shall not exceed the county Field Service Branch, the proportionate acreage during the five years 1941-45. In limit, and the individual farm acreage part of the State goal to be apportioned the case of States sfor which this appor­ goal so adjusted shall be the 1947 farm among farms for which goals of three or tioned acreage was equal to or greater acreage goal. than the 1946 planted acreage, such ap­ more acres will be established. Such portioned acreage, less 75 percent of the proportionate part of the State goal shall § 245.77 Determination of acreage number of acres by which it exceeded the be determined on the basis of the ratio, goals of three acres or more for new 1946 planted acreage, was established as determined by the State committee to be farms. An application for a new farm the State goal. The resulting unappor­ most representative of potato production goal of three or more acres shall be filed tioned acreage was distributed propor­ in the State during the representative with the county committee prior to the tionately among the other States. If an period, between (a) the total acreage of final date set by each State committee acreage of 65 percent or more of the 1946 potatoes for farms on which three or for the consideration of suoh applica­ planted acreage respited, such acreage ipore acres of potatoes were planted, and tions. The acreage goal for a new large was established as the State goal. If any (b) ’the total acreage of potatoes. farm shall be that acreage determined by the county committee and approved acreage of less than 65 percent of.the § 245.74 Apportionment of the State by the State committee as fair and rea­ 1946 planted acreage resulted, the State acreage for large farm goals among the sonable for the farm in relation to the goal was established at 65 percent of the counties as county limits. Each State goals established for other new large 1946 planted acreage. The total of the committee shall establish, with the ap­ farms in the county and State, taking State acreage goals so arrived at com­ proval of the Director of the Field Serv­ into consideration personal and farm prises the national acreage goal of ice Branch; the county limit for each past history, topography, crop rotation 2,669,800 acres. county within the State. The county The 1947 State acreage goals are as limit shall be that acreage determined by practices, and land, labor and equipment follows: the State committee and approved by the available for the production of potatoes. [1,000 acres] Director of the Field Service Branch as ACREAGE GOALS FOR SMALL FARMS fair and reasonable for the county in re­ § 245.78 Goal for small farm. The Late Early lation to the county limits established for or Com­ State other counties within the State, taking 1947 acreage goal for any small farm other mercial goal State guide guide into consideration (a) the ratio, deter­ shall be the smaller of the 1947 planted mined by the State committee to be most acreage or 2.9 acres. The 1947 acreage 1 2 3 representative of potato production in goal for the farm of any operator who the State during the representative does not receive formal notice of an 182.5 182.5 6.6 6.6 period, between the total State acreage acreage goal shall, in the absence of 10.8 10.8 of potatoes for farms on which three or appeal and correction, be the small farm 21.6 21.6 more acres of potatoes were planted and 5.9 5.9 goal. 19.0 19.0 the county acreage of potatoes for such New York...... 109.1 153.1 162.2 farms, and (b) adjustments required in ESTABLISHMENT OF SEPARATE ACREAGE GOALS New Jersey______8.9 47.3 56.2 FOR EARLY COMMERCIAL AND LATE AND 145.2 145.2 order to obtain a fair and reasonable re­ 28.8 28.8 lationship between the acreage of early OTHER POTATOES IN EARLY COMMERCIAL 33.9 33.9 AREAS 38.2 38.2 commercial potatoes and the acreage of 164.1 164.1 late and other potatoes planted in the § 245.79 Separate goals. In areas 174.5 174. BL State. The sum of the county limits for Missouri...... 34.0 3.7 37.7 designated by the Bureau of Agricul­ Nebraska...... 63.3 5.1 68.4 a State, plus a State reserve withheld for tural Economics or by the Production 62.4 62.4 appeals, new farms, and the correction of and Marketing Administration as Com­ 30.2 30.2 errors, shall not exceed the approved part 122.4 122.4 mercial Early Irish Potato Areas, sepa­ 3.6 3.6 of the State goal to be apportioned Maryland...... 14.9 4.7 19.6 rate farm acreage goals shall be estab­ Virginia...------33.0 32.4 65.4 among large farms. The State reserve 33.6 33.6 shall not exceed five percent of such ap­ lished for early commercial potatoes and North Carolina______54.7 28.0 82.7 proved part of the State goal. for late and other potatoes if the Direc­ Kentucky...... 41.6 3.6 45.1 Tennessee...... 35.0 4.2 39.2 tor of the Field Service Branch deter­ Alabama...... 27.0 21.9 48.9 ACREAGE GOALS FOR LARGE FARMS mines that separate goals are required Arkansas...... 38.0 6.1 44.1 Florida...... 3.5 24.9 28.4 § 245.75 Determination of prelimi­ to obtain a fair and reasonable relation­ Georgia...... 23.2 3.7 26.9 nary acreage goals of three or more acres ship between the production of early Louisiana______— 20.5 24.2 44.7 Mississippi...... 24.6 3.7 28.8 for old farms. The preliminary acreage commercial and late and other potatoes i Long Island, total of Early Commercial and Late. goal for an old large farm shall be that in such area within a State. FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946 14665

§ 245.80 Single goals. In early com­ TITLE 7—AGRICULTURE shall have not more thap one and one- mercial areas for which it is not so de­ half times the tolerance specified. Chapter I—Production and Marketing termined that the establishment of sep­ (2) When a tolerance is less than 10 arate farm acreage goals is necessary, Administration (Standards, Inspection, percent, individual containers in any lot and in all other areas, a single farm acre­ Marketing Practices) shall have riot more than double the tol­ age goal shall be established for each erance specified. farm. P art 51—F r u it s , V egetables and O ther (c) Definitions. (1) “Similar varietal P roducts ( G rading, C ertification and APPROVAL AND CORRECTION OF GOALS characteristics” means that the spinach S tandards) shall be generally of one type, as crinkly § 245.81 Approval. The State com­ UNITED STATES STANDARDS FOR FRESH FRUITS leaf type, or flat leaf type. No mixture mittee shall review all farm acreage goals AND VEGETABLES AND OTHER PRODUCTS of varieties shall be permitted which ma­ of three or more acres, and may correct terially affects the appearance of the lot. Pursuant to the provisions of the De­ or require correction of any goals estab­ (2) “Well trimmed” means that the partment of Agriculture Appropriation lished by the county committee under leafstems or petioles are not excessively Act, 1947 (Pub. Law 422, 79th Cong., 2d §§ 245.75 to 245.77 inclusive. All acreage long in relation to' the size of the leaf- Sess., approved June 22, 1946), the fol­ goals of three or more acres shall be blades. lowing United States Standards for approved by the State committee and no (3) “Damage” means any defect which official notice of an acreage goal shall be Spinach Leaves (Frçsh) are hereby promulgated: materially affects the appearance, or the mailed to an operator until such goal has edible or shipping quality of the individ­ been so approved. § 51.393 Spinach leaves ( fresh) — (a) ual leaves or of the lot as a whole. § 245.82 Correction. The Adminis­ Grades. (1) “U. S. Extra No. 1” shall It is hereby found and determined that trator of the Production and Marketing consist of spinach leaves of similar vari­ compliance with the notice, public rule Administration may correct or require etal characteristics which are fairly making procedure, and effective date re­ correction of any acreage goals estab­ clean, well trimmed, free from coarse quirements of the Administrative Pro­ lished under §§ 245.75 to 245.77 inclusive, stalks, seedstems, seedbuds, crowns and cedure Act (60 Stat. 237; Pub. Law 404, by either the State committee or the roots, sandburs or other kinds of burs, 79th Cong., 2d Sess;) in connection with county committee. decay, and from damage caused by clus­ the issuance of these standards, is im­ ters of leaves, wilting, discoloration, practicable, unnecessary and contrary to NOTICE AND APPEALS freezing, foreign material, disease, in­ the public interests in that: (i) The § 245.83 Notice. Notice of all farm sects, mechanical or other means. standards for spinach leaves have been acreage goals of three or more acres shall (1) In order to allow for variations in the process of investigation since Jan­ be given to the farm operators concerned, incident to .proper grading and handling^ uary 1946 and they have been prepared whether or not the operator has re­ not more than 5 percent, by count, of on the basis of suggestions of growers, quested a goal.' Notice of a farm acreage any lot may fail to meet .the require­ packers, shippers and others interested goal of less than three acres is not re­ ments of this grade, including not more in the handling of spinach; (ii) The is­ quired to be given unless the operator than 1 percent for spinach leaves which suance of the standards, effective De­ has requested an acreage goal. are affected by decay. cember 27,1946 is necessary so that those (2) “U. S. No. 1” shall consist of spin­ interested in marketing spinach leaves § 245.84 Appeals. Any operator who ach leaves of similar varietal character­ will have definite official standards to use feels that his 1947 potato acreage goal is istics which are well trimmed, free from ac a basis of packing and selling this not fair and reasonable as compared coarse stalks, seedstems, seedbuds, commodity; (iii) The issuance of the with goals established for other potato crowns and roots, sandburs, or other standards should be accomplished as soon farms in the area, may, within 10 days kinds of burs, decay, and from damage as possible because seasonal shipments after notice of his farm goal is forwarded caused by blusters of leaves, wilting, dis­ have begun in areas which ship spinach to him; request the county committee coloration, freezing, dirt, or other foreign leaves. in writing to reconsider its determina­ material, disease, insects, mechanical or tion. - In its reconsideration the county other means. (Pub. Law 422, 79th Cong.; Delegation committee shall base its decision on the (i) In order to allow for variations in­ of Authority to Administrator of Produc­ standards required to be used in making cident to proper grading and handling, tion and Marketing Administration, July its original determination, in the light not more than 10 percent, by count, of 11, 1946, 11 F . R. 7713) of any new information supplied by the any lot may fail to meet the requirements Issued at Washington, D. C., this 23d operator or otherwise made available. of this grade, including not more than 1 day of December 1946, to be effective on The county committee shall make its de­ percent for spinach leaves which are and after the 27th day of December 1946. cision and notify the operator in writing affected by decay. within 15 days after receiving notice of (3) “U. S. Commercial” shall consist of I s e a l ] E. A. M e y e r , the appeal. If the operator is dissatis­ spinach leaves of similar varietal char­ Acting Administrator, Produc­ fied with the decision of the county com­ acteristics which are well trimmed, free tion and Marketing Adminis­ mittee, he may, within NX days after its from coarse stalks, seedstems, seedbuds, tration. decision is forwarded to him, appeal in crowns and roots, sandburs, or other [P. R. Doc. 46-21951; Piled, Dec. 26, 1946; writing to the State committee. The kinds of burs, decay, and from damage 8:45 a. m,] State committee shall notify him of its caused by clusters of leaves, wilting, dis­ decision in writing within 30 days. coloration, freezing, dirt or other foreign material, disease, insects, mechanical or § 245.85 Request for consideration. P art 160— R e g u la t io n s for t h e E n fo r c e­ other means. An operator who has not requested a m e n t of th e N aval S tores A ct farm goal, and who is not notified of his (i) In order to allow for variations in­ cident to proper grading and handling, By virtue of the authority vested in 1947 farm acreage goal by reason of such not more than 20 percent, by count, of the Secretary of Agriculture by the Na­ goal not being set at three acres or any lot may fail to meet the requirements val Stores Act of March 3, 1923 (42 Stat. more, shall, if he wishes such goal to be of this grade, including not more than 1435; 7 U. S. C. 91-99), the reg­ reconsidered, file the necessary request 1 percent for spinach leaves which are ulations appearing in Title 7, Chapter I, with the county committee within a affected by decay. Part 160, Cumulative Supplement to the reasonable time prior to planting pota­ (b) Application of tolerances. The Code of Federal Regulations, are hereby toes on the farm. contents of individual containers in the amended to read as follows: Dated: December 20, 1946. lot, based on sample inspection, are sub­ definitions ject to the following limitations, pro­ Sec. [ seal] C l in t o n P . A nd e r so n , vided the average for the entire lot are 160.1 Definition of general terms. Secretary. within the tolerances specified: 160.2 Spirits of turpentine defined. 160.3 RosiiT defined. [F. R. Doc. 46-21922; Piled, Dec. 26, 1946; (1) When a tolerance is 10 percent, or 160.4 Kinds of rosin. 8:47 a. m.] more, individual containers in any lot 160.5 Reclaimed rosin. 14666 FEDERAL REGISTER, Friday, December 27, 1946

ADMINISTRATION FEES AND CHARGES FOR SERVICES RENDERED (f) “Eligible processing plant” : A Sec. Sec. plant (1) which has been found on ex­ 160.6 Authority of representative of the 160.67 Fees for inspection services. amination by the Secretary to be de­ Secretary. 160.68 Fees unde$ cooperative agreement», signed and operated so as to permit an -STANDARDS FOR SPIRITS OF TURPENTINE 160.69 Fees deposited to Miscellaneous Re­ inspector working thereat to make proper ceipts. samplings and inspections of the turpen­ 160.7 Standard designations for turpen­ 160.70 Fees deposited to trust fund. tine. tine and rosin produced thereby; and (2) . 160.71 Charges for laboratory examination. Where not less than 50 percent of the 160.8 Gum spirits of turpentine. 160.72 Charges for other inspection work. 160.9 Steam distilled wood turpentine. ' 160.73 Expenses to be borne by person re­ annual output shall consist of naval 160.10 Destructively distilled wood turpen­ questing service. stores processed either from oleoresin tine. 160.74 Rendition of claims. collected from pine trees other than those 160.11 Sulphite wood turpentine. 160.75 Delinquent claims. owned or leased, and tapped by the owner 160.12 Quality requirements. LOAN AND CARE OF UNITED STATES STANDARDS of such plant, or from stumps of trees STANDARDS AND GRADES FOR ROSIN removed from land other than that 160.76 Standards available on loan. owned or leased by the processor. 160.13 Standards for rosin. 160.77 Loan of standards without security. 160.14 Grade designations for rosin. 160.78 Loan of standards under security de­ (g) “Accredited processor” : Any per­ 160.15 Opaque rosin. posit. son owning or having charge of or juris­ ESTABLISHMENT OF NEW AND MODIFIED 160.79 Annual charge for use of standards. diction over the operation of an eligible STANDARDS 160.80 Reporting on use of standards. processing plant, to whom a permit has 160.81 Loss or damage of standards. been issued under these regulations to 160.16 New standards. 160.82 Request for additional standards. 160.17 Modification of existing standards. have inspections of naval stores made by 160.83 Denial of loan of additional standards. a licensed inspector. 160.84 Surrender of standards. METHODS OF ANALYSIS, INSPECTION, SAMPLING (h) “Interested person” : Any person AND GRADING 160.85 Return of security. 160.86 Miscellaneous receipts. who is a party to a factual or prospective 160.18 Laboratory analysis. transaction in a specific lot of naval 160.19 Determining the grade of rosin. SALES AND SHIPMENTS stores, whether as producer, seller, ship­ 160.20 Samples of rosin for grading. 160.87 Identification of shipments. 160.21 More than one grade in a container. per, dealer, or purchaser thereof; or any 160.88 Sale of mixed turpentine not lawful. 160.22 Rosin not fit for grading. person who in the opinion of the Secre­ 160.89 Prohibited use of United States 160.23 Collecting samples; issuing certifi­ tary has sufficient and proper interest in Standards. cates. 160.90 Prohibited use of word “turpentine” the analysis, classification, grading, or 160.24 Disposition of samples. or derivatives thereof. sale of naval stores to merit the loan and ANALYSIS, INSPECTION AND GRADING ON REQUEST 160.91 Permitted use of words "turpentine” use of duplicates of the United States and “rosin”. Standards. 160.25 Inspection on request. 160.92 Medicinal preparations. (i) “Dealer” : Any person who sells or 160.26 How requests shall be made. 160.27 Withdrawal of request. LABELING, ADVERTISING AND PACKING ships in commerce any naval stores pro­ 160.28 Containers to be made ready. duced by a person other than himself. 160.93 False, misleading, or deceitful prac­ 160.29 Tank cars of turpentine. (j) “Regulations” : Regulations pro­ tices. 160.30 Containers and contents to remain 160.94 Meaning of words “pine” and “pine mulgated under the act by the Secretary intact. tree”. for the administration and enforcement 160.31 Contents of containers to be declared. 160.95 Meaning of word “gallon”. of the act. 1,60.32 Identification of small containers. 160.96 Powdered rosin. 160.33 Grading resin in small containers. (k) “Standards”: The official Naval 160.97 Spirits of turpentine for medicinal 160.34 Marking containers. Stores Standards of the United States for 160.35 Containers not acceptable for inspec­ useV classification and grading of spirits of tion. PROCEEDINGS IN CASE OF VIOLATION turpentine and rosin. 160.36 Responsibility of interested person. 160.98 Proceedings prior to reporting viola­ (l) “Analysis” : Any examination by 160.37 Illegible inspection marks. tions of the act. physical, chemical, or sensory methods. 160.38 Authority for changing marks. 160.99 Report of violations for prosecution. (m) “Classification” : Designation as 160.39 Prior marks to be removed. 160.100 Publication. to kind of spirits of turpentine or rosin. REQUEST INSPECTION BY LICENSED INSPECTORS Authority: §§ 160.1 to 160.100^.inclusive, (n) “Grading”: Determination of the 160.40 Permit to use licensed inspector. issued under 42 Stat. 1455; 7 U. S. C. 91-99. grade of turpentine or rosin by compari­ 160.41. Form of application for license or per- son with the standards. - mit. , DEFINITIONS (o) “Certificate” : The official certifi­ 160.42 Applicant for license to be examined. § 160.1 Definitions of general terms. cate issued under the provisions of the 160.43 ¡Issuance of temporary license. The terms as defined In sectfon 2 of the act and the regulations in this part to 160.44 Limitation of license. Naval Stores Act shall apply with equal show the results of any examination, 160.45 Inspector to be disinterested. analysis, classification, or grading of na­ 160.46 Other duties of licensed inspectors. force and effect when used in the regula­ 160.47 Conditions governing licensed inspec­ tions in this part. In addition, unless val stores by an official inspector. tion. the content requires otherwise, the terms (p) “Label”: Any word, combination 160.48 Periqdic re-inspection. hereinafter set forth shall be defined re­ of words, coined or trade name, pic- 160.49 Form of certificate. spectively as follows: turization of any natural scene or ar­ 160.50 Responsibility for inspection certifi­ ticle, or any imitation thereof, applied cates and forms. (a) “Act” : The Naval Stores Act of March 3, 1923 (42 Stat. 1455; 7 U. S. C. to, superimposed upon, impressed into, 160.51 Reports to be made by accredited or in any other manner attached to a processors. 91-99)J -x container of naval stores or other ar- 160.52 Report of non-conformance. (b) “Department”: The United States . tide coming within the scope of the act, 160.53 Suspension or revocation of license. Department of Agriculture. 160.54 Stopping inspection by suspended in- by which the nature, kind, quality, or v spector. (c) “Secretary” : The Secretary of quantity of the contents of such con­ 160:55 Suspension or revocation of permit. Agriculture of the United States Depart­ tainer may be indicated. 160.56 Voluntary discontinuance of licensed ment of Agriculture, or any employee of (q) “Container”: Any receptacle in inspection. the Department designated by him to act which naval stores are placed for in­ 160.57 Compensation of licensed inspectors. as his representative... spection or distribution in commerce; 160.58 Fees for licensed inspection permits. (d) “Official inspector” : Any person 160.59 Fees for inspection and certification includes barrel, drum, tank, tank car, by licensed inspectors. designated or licensed by the Secretary bag, bottle, can, or other receptacle. to sample, examine, analyze, classify or j 160.60 Appeal inspections. § 160.2 Spirits of turpentine defined. 160.61 Charge for appeal inspection. grade naval stores. Spirits' of turpentine, also commonly (e) “Licensed inspector” : A person CERTIFICATES AND REPORTS known as turpentine, is the colorless licensed by the Secretary with the con­ 160.62 Kinds of certificates issued. sent of an accredited processor to act as or faintly colored volatile oil consisting 160.63 When a certificate may be issued. an official inspector with respect to naval principally of terpene hydrocarbons of 160.64 When a certificate may not be issued. the general empirical formula GioHie and 160.65 Issuance of loan and sale certificate. stores produced at an eligible processing 160.66 Prior certification required. plant. having a characteristic odor and taste.

\ FEDERAL REGISTER, F r id a y , D e c e m b e r 27, 1946 14667

It occurs naturally In and may be re­ the purview of the act and the regula­ rosin acids in lesser quantity than is covered by distillation from the oleo- tions in this part shall be described by normal for such rosin, shall be graded resinous secretions obtained fromliving one of the following designations: “gum and designated as B wood resin. trees of the family Pinaceae, or present spirits of turpentine,” “steam distilled § 160.15 Opaque rosin. The term in the cellular structure, or wood, of spe­ wood turpentine,” “destructively dis­ “opaque rosin” shall apply to the article cies thereof. tilled wood turpentine,” or “sulphate resulting when rosin undergoes internal wood turpentine.” § 160.3 Rosin defined. Except as pro­ modification indicated by a turbid, vided in § 160.15, rosin is the vitreous, § 160.8 Gum spirits of turpentine. clouded, or opaque appearance, that is, well-strained transparent product, con­ The designation “gum spirits of turpen­ loss of transparency, brought about by sisting chiefly of noncrystallized resin tine” shall refer to the kind of spirits of the occlusion of moisture or the forma­ acids that remain after the removal of turpentine obtained by distillation of the tion of an excessive quantity of resin acid the volatile oil from the oleoresinous se­ oleoresin (gum) from living trees, and crystals in the rosin. cretions obtained from species of the commonly known prior to the passage of ESTABLISHMENT OF NEW AND MODIFIED family Pinaceae, or present in the wood the act as gum spirits, gum turpentine, STANDARDS thereof: Provided, hoivever, That resin spirits of turpentine, or oil of turpentine. acids separated or removed by any proc­ § 160.16 New standards. Whenever in § 160.9 Steam distilled wood turpen­ ess from any material other than oleo- the opinion of the Secretary a new stand­ resin are not rosin within the meaning tine. The designation “steam distilled ard for any naval stores is necessary in of the act. Rosin may contain relatively wood turpentine” shall refer to the kind the interest of .the trade, he shall an­ of spirits of turpentine obtained by steam small proportions of resin esters or other nounce a hearing thereon, to be held not esters, jionacid and noncrystalline res­ distillation from the oleoresinous com­ less than 3 months subsequent to such enes, or nonresinous foreign matter. ponent of wood whether in the presence announcement. Notice of the hearing of the wood or after extraction from the ' stating the terms or description of the § 160.4 Kinds of rosin. Rosin within wood, and commonly known prior to the proposed new standard, or a summary the meaning of the act and the regula­ passage of the act as wood turpentine, thereof, shall be given by publication in tions in this part consists of gum rosin steam distilled turpentine, steam distilled the F ederal R egister and by such other or wood rosin. wood turpentine, or S. D. wood turpen­ means as may be practicable. The hear­ (a) “Gum rosin” is rosin remaining tine. ing shall be conducted, by an official after the distillation of gum spirits of § 160.10 • Destructively distilled wood designated by the Secretary, and reason­ turpentine from the oleoresin (gum) ob­ turpentine. The designation “destruc­ able opportunity shall be afforded at the tained from living trees. tively distilled wood turpentine” shall re­ hearing to all interested persons to pre­ (b) “Wood rosin” is rosin recovered fer to the kind of spirits of turpentine sent their views, arguments and data, after the distillation of the volatile oil prepared from the distillate obtained in verbally or in writing, in favor of or in from the oleoresin within or extracted the destructive distillation (carboniza­ opposition to the proposed new standard. from pine wood, by any suitable chemi­ tion) of wood, and commonly known All relevant material presented at said cal or physical process, followed by any prior to the passage of the act as destruc­ hearing, or a summary thereof, and a necessary further refinement. tively distilled wood turpentine or D. D. recommendation as to adoption or rejec­ § 160.5 Reclaimed rosin. Reclaimed wood turpentine. tion of the proposed new standard shall rosin is rosin that has been recovered be transmitted to the Secretary for his § 160.11 Sulphate wood turpentine. or reclaimed by any means from waste consideration. A new standard estab­ The designation “sulphate wood turpen­ or deteriorated material: Provided, That lished and promulgated by the Secretary tine” shall refer to the kind of spirits of such reclaimed product may be graded shall become effective not less than 3 turpentine prepared from the conden­ as rosin under the act and the regula­ months after the promulgation thereof. sates that are recovered in the sulphate tions in this part only if the concentra­ § 160.17 Modification of existing process of cooking wood pulp, and com­ tion of rosin acids therein has not been standards. Whenever in the opinion of monly known as sulphate turpentine or reduced below the concentration normal the Secretary a modification of an exist­ sulphate wood turpentine. for rosin, and any residual or contami­ ing standard for naval stores is neces­ nating component remaining from the §160.12 Quality requirementsr The sary in the interest of the trade, he shall waste material itself or from any article several standards for spirits of turpen­ announce a hearing thereon, to be held used in the recovery process is not suf­ tine, as defined in §§ 160.8 to 160.11, in­ not less than 6 months subsequent to ficient to cause the physical or chemical clusive, shall be deemed to mean the re­ such announcement. Notice of the hear­ properties of the reclaimed product to spective kinds of spirits of turpentine ing stating the terms or description of differ substantially from the normal having properties that conform with the the proposed modification of any stand­ properties of rosin. standard specifications adopted therefor ard, or a summary thereof, shall be given by the American Society for Testing M a­ by publication in the F ederal R egister ADMINISTRATION terials, contained in Appendix A attached and by such other means as may be prac­ § 160.6 Authority of representative of hereto and made a part hereof. ticable. The hearing shall be conducted the Secretary. Any properly authorized by an official designated by the Secre­ STANDARDS AND GRADES FOR ROSIN representative of the Secretary may tary, and reasonable opportunity shall supervise the performance by licensed § 160.13 Standards for rosin. The be afforded to all interested persons to inspectors of the duties of official inspec­ Official Naval Stores Standards of the present their views, arguments and data tors in accordance with the/(c t and the United States for rosin include the stand­ verbally or in writing, in favor of or in regulations in this part, arid may issue ard types authorized by the act; the opposition to the proposed modification. recommendations to licensed inspectors standards established by the Secretary All relevant material presented at said and accredited processors as to approved (including the standard of condition des­ hearing, or a summary thereof, and a methods of taking samples and main­ ignated “Opaque Rosin”) ;'and duplicates recommendation as to adoption or re­ taining their identity, marking con­ of any of such standards prepared by the jection of the proposed modification tainers, and other inspection and cer­ Secretary under authority of the act. shall be transmitted to the Secretary for tification procedures. Such representa­ § 160.14 Grade designations for rosin. his consideration. A modified standard tive may also prescribe the manner of established and promulgated by the Sec­ The grades of rosin shall be designated, issuing and disposing of certificates and retary shall become effective not less from highest to lowest, by the following may require licensed inspectors to keep than 6 months after the promulgation such records and make such reports as letters, respectively: X, W W , W G, N, M, thereof. he may deem necessary in the perform­ K, I, H, G, P, E, D, B. In addition, the METHODS OF ANALYSIS, INSPECTION, SAM­ ance of their duties or otherwise for the letters OP shall be used to designate the PLING AND GRADING enforcement of the act and the regula­ grade of opaque rosin, and the letters PP tions in this part. shall be used to designate the grade of § 160.18 Laboratory analysis. The normal wood rosin: Provided, That the analysis and laboratory testing of naval STANDARDS FOR SPIRITS OF TURPENTINE product recovered in the refining of wood stores shall be conducted, so far as is § 160.7 Standard designations for rosin, that is darker in color than the practicable, according to methods of the turpentine. Spirits of turpentine within, standard for FF grade, and that contains American Society for Testing Materials. 14668 FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946

When any such method is deemed to be formed by an official inspector. Rosin for whose account such service is re­ insufficient or unsuitable, or when no in open head barrels shall not be sampled quested, his interest in the naval stores, method has been so presented, the anal­ by this method. and other information by which the ysis shall be made according to any (f) By collecting in a suitable vessel identity of the naval stores in question method deemed appropriate by the Sec­ a quantity of molten rosin from each suc­ and the propriety of its examination retary. cessive batch or ^charge as it is delivered may be determined. Requests for sea­ into a tank car, pouring the respective sonal or recurrent services shall so indi­ § 160.19 Determining the grade of quantities of rosin into suitable molds, cate, and the approximate quantity of rosin. The grade of rosin shall be deter­ and allowing them to cool and solidify: naval stores to be graded and the dura­ mined by comparing a representative Provided, That any darkening of the tion of the desired service shall be stated. sample, taken and prepared in accord­ rosin subsequent to such sampling will Fees for such service shall be paid in ance with the regulations in this part, not be recognized as affecting the cor­ accordance with these regulations. with the appropriate standard types. rectness of the grades assigned to the The grade shall be the grade designation § 160.27 Withdrawal of request. A re- rosin at the time it was loaded in the of the standard type which the sample quest for service under the regulations car. Rosin so sampled while in process equals or excels in color, but below the in this part may be withdrawn at any of being placed in a tank car will be next higher grade. time before the service has been com­ graded and certified only when the pleted, on notice to the official inspector: § 160.20 Samples of rosin for grading. sampling is performed by an official Provided, however, That the interested Samples of rosin for grading shall be inspector. person shall reimburse the United States approximately cubical in shape, and § 160.21 More than one grade in a for the time spent and any expenses in­ shall be seven-eighths inch thick in the container. When a sample from the bot­ curred prior to receipt of such with­ direction through which they are viewed tom of a barrel or drum shows not more drawal notice. or graded. Samples may be taken by than one grade lower than that of a top any of the following methods: § 160.28 Containers to be made ready. sample taken in accordance with § 160.20, (a) By cutting or cleaving the same The interested person shall cause the the grade of the rosin shall be that of from a lump of the rosin removed from naval stores to be made available, and such top sample; Provided, That if such the solid mass in the barrel or drum, the shall provide any help required to re­ “bottom head” sample shows more than top side of which lump shall come from move the bungs or heads, or otherwise one grade lower than the top sample, not less than 4 inches below the surface open the containers for sampling, to the grade assigned to the rosin shall be of the rosin. spike the rosin or extract the sampler that of the darkest or lowest grade of (b) By placing a tin mold of suitable devices from the barrels or drums, to re­ rosin in the container. design inside the barrel or drum through bung or otherwise close the containers, to an opening in the side, the center of § 160.22 Rosin not fit for grading. An handle the commodity for weighing, and which opening is approximately 9 inches article consisting of rosin with an ex­ to mark the containers at the direction from the top or 12 inches from the bot­ cessive amount of trash or other yisible of the official inspector. tom so that when the container is filled, extraneous foreign material, or an article § 160.29 . Tank cars of turpentine. A the rosin within the mold will have come that is of such color or appearance as tank car loaded for shipment with spirits not to permit its accurate classification from a position not less than 4 inches of turpentine shall/after the same has below the surface of the rosin. The mold and grading in accordance with the been sampled for analysis, classification, standards provided for rosin, shall not thus placed must be entirely within the and certification, be sealed by the official barrel or drum and completely encased be classified, graded, marked, sold, or inspector. Any certificate issued thereon offered for sale in commerce as rosin. in the rosin. prior to shipment shall be valid only for (c) By suspending in the barrel or § 160.23 Collecting samples; issuing a reasonable time to permit arrival at drum of molten rosin a clean tinplate certificates. The collection of official destination, and only so long as the seals mold, % inch square (inside) and IV2 samples for the purpose of putting into placed thereon by the inspector remain inches or more in length, in such a man-' effect any of the provisions of the act, unbroken. ner that it will be in a horizontal posi­ and the issuance of certificates reporting § 160.30 Containers and contents to tion at least 2 inches below the surface the results of any analysis, classifica­ of the rosin after, it has thoroughly remain intact. A written report will be tion, <3r grading shall be limited to offi­ furnished to the interested person re­ cooled. Such sample shall not be spiked cial inspectors and to such other person­ questing any analysis, classification, or from the barrel or drum until it is com­ nel of the Department as may be au­ grading of naval stores. Such report pletely cooled. thorized. (d) By withdrawing a quantity of shall be certified, in accordance with molten rosin from a full container of § 160.24 Disposition of samples. All § 160.63, only when the naval stores de­ 150 pounds content or less, pouring the samples taken by an official inspector or scribed thereby remain intact and un­ rosin into a suitable mold, and allowing submitted by an interested person shall disturbed from time of inspection until it to cool and solidify slowly:. Provided, become and remain the property of the the results of such examination have That samples taken to represent a single Department, to be disposed of as the been reported: Provided, That spirits of batch or charge made by intermittent Secretary may determine. turpentine in a tank car subject to de­ murrage may be unloaded prior to the distillation, of oleoresin shall be taken ANALYSIS, INSPECTION AND GRADING ON from not less than two containers, one REQUEST issuance of a certificate. of which shall be selected when one § 160.31 Contents of containers to be § 160.25 Inspection on request. Inso­ fourth of the batch has been placed in declared. Containers of naval stores, far as it may be practicable, official in­ the containers, and the other shall be other than tank cars, offered for grading spectors shall sample, analyze, classify, from the last container filled. shall be marked, prior to inspection, to or grade any naval stores at the request (e) By withdrawing a quantity of show the nature of the contents, by the of any interested person, as provided for molten rosin from a full drum that has designation “gum rosin” or “wood rosin,” by the act and in accordance with the been filled after a preliminary cooling or in the case of turpentine, with its regulations in this part. period, pouring the rosin into a suitable standard of identity, to show the pro­ mold, and allowing it to cool and solidify § 160.26 How requests shall be made. ducer’s declaration of the material from slowly: Provided, That such sample shall An interested person desiring the analy­ which it was produced. not be taken until at least one hour has sis, classification, or grading of any naval § 160.32 Identification of small con­ elapsed after the drum was filled: And stores, or of samples thereof, shall sub­ tainers. When the official inspector does provided further, That the selection of mit to the nearest official inspector a not personally observe, the sampling of drums to be sampled shall be in accord­ written request, in which he shall state rosin in bags or other small containers, ance with the method of selecting small the number and kind of containers of all such containers shall be marked to containers as set forth in paragraph (d) rosin, or the number and kind of con­ identify the batch or charge and in addi­ of this section. Rosin in drums sampled tainers and the number of gallons of tion, to show the order in which they in this manner will be graded and cer­ turpentine, as the case may be, together were filled. Any sample taken therefrom tified only when the sampling is per­ with the name of the interested person and submitted for grading shall also be FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946 14669 marked and numbered to identify it with ©rated, covered up, defaced, or otherwise termination of financial, buying, selling the batch and container, and shall be made illegible, except under authority or operating policies of such organiza­ stored in a cool dark place, encased in of an official inspector. tion shall be eligible to serve as a licensed its mold, until removed therefrom by inspector. § 160.39 Prior marks to be removed. the inspector. One sampled container Any mark appearing upon a second-hand § 160.46 Other duties of licensed in­ from each batch shall remain unclosed container or upon a second-hand part of spectors. A licensed inspector may per­ Until the inspector determines the grade a container of naval stores, whereby form duties other than those of an of­ of the rosin, which in the/ease of con­ classification or grade was indicated for ficial inspector, to the extent indicated tainers filled by dipping, shall be the last the original contents, thereof, shall be by the accredited processor and not dis­ one filled. The inspector may take removed before naval stores of a different approved in writing by the Secretary: samples from such additional containers kind, classification, or grade are placed Provided, That such additional duties as he may select. therein. not pertaining to the official inspection §160.33 Grading rosin in small con­ work shall not be permitted to interfere REQUEST INSPECTION BY LICENSED tainers. An official inspector may ac­ INSPECTORS with the proper performance of the cept and use a sample of rosin taken and duties of the licensee as an official in­ identified by the producer thereof in § 160.40 Permit to use licensed in­ spector. accordance with § § 160.20 (d) and 160.32, spector. Any naval stores produced at § 160.47 Conditions governing licensed for the purpose of grading and certify­ an eligible processing plant, as herein inspection. Each drum or small con­ ing rosin*in bags or other containers of defined, may be inspected, classified, tainer of naval stores inspected, graded 150 pounds content or less, at the request graded and certified by a licensed inspec­ and certified by a licensed inspector shall of such interested person, when the in­ tor, after the accredited processor has be marked to show the name and location spector is satisfied that such samples are applied to and has been granted a per­ of the eligible processing plant (or with representative of the grade and condition mit by the Secretary to use a licensed other markings approved by the Secre­ of the rosin. inspector. tary to indicate the point of origin of 8 160.34 Marking containers. The in­ § 160.41 Form of application for li­ the commodity), the grade and the clas­ terested person shall provide any labor cense or permit. Applications for licenses sification of the commodity, and the leg­ necessary for marking the containers, to inspect and permits to have inspec­ end “U. S. Licensed Inspection.” The after the contents have been sampled tions made by licensed inspectors shall be handling, sampling, classifying, grading, and graded, at the direction of the offi­ made to the Secretary upon forms pro­ marking and certification of naval stores cial inspector. The container of an ar­ vided for the purposes. Each such appli­ at an eligible processing plant by a li­ ticle which does not conform with any cation shall fully and truly state the in­ censed inspector shall in all respects be United States Standard for naval stores formation therein required and shall be in accordance with the act and the regu­ as to kind or grade, shall not be marked signed by the applicant. lations in this part and subject to super­ or certified, and any unauthorized marks § 160.42 Applicant for license to be ex­ vision by any official designated by the appearing on the container shall be re­ amined. Each applicant for a license Secretary for the purpose. moved. shall be required to demonstrate his § 160.48 Periodic re-inspection. Any § 160.35 Containers not acceptable for qualifications and competency to per­ eligible processing plant may from time inspection. Any container so filled or form the duties of an official inspector to time be re-inspected and any rosin packed as to conceal the fact that it at such time and place and in such man­ produced by such plant may be graded contains anything other than naval ner as may be determined by the Secre­ or re-graded by any official inspector au­ stores within the meaning of the act or tary. thorized to make such examinations. the regulations in this part, and any § 160.43 Issuance of temporary li­ The results of such examinations shall be naval stores in a container deemed by cense. In a case of special urgency, and made known only to the affected proc­ an official inspector to be unsuitable for in the discretion of the Secretary, a tem­ essor, the licensed inspector, and to such use as a container of naval stores in porary license may be issued without employes of the Department officially commerce, shall not be accepted for clas­ reference to § 160.42 upon presentation authorized to receive such information. sification or grading. of satisfactory evidence by the accredited § 160.49 Form of certificate. The § 160.36 Responsibility of interested processor of the need therefor and the certificates issued hereunder by licensed person. The sampling or acceptance of competency of the applicant for such inspectors shall be on forms approved by any sample of naval stores by an official temporary license. Such processor shall the Secretary. inspector for use in grading and certify­ receive prompt notice of the issuance of § 160.50 Responsibility for inspection ing the same at the request of an inter­ any such temporary license. A tempo­ certificates and forms. Certificate forms ested person, or the placing of Any incor­ rary licensee shall be subject to all the and other inspection record forms may rect classification or grade marks upon provisions of the regulations in this part. be issued to an accredited processor, and the container thereof or the issue of any A temporary license shall be valid for a the said processor shall be responsible for incorrect certificate inadvertently to specified period not to exceed 30 days, and accountable to the Department for cover the contents, because of inability except that if application is made for all such material supplied to him. We a permanent license by a person at the of the inspector to observe the true con­ shall require the licensed inspector to same time he applies for a temporary dition of the naval stores, shall not pre­ submit or otherwise make disposition of license, any temporary license issued to vent the correction or recall of any such issued certificates in accordance with in­ him shall not expire until a permanent certificate, nor relieve the interested per­ structions received from the Secretary. son from responsibility for the condition license has been denied or granted. § 160.51 Reports to be made by ac­ of the article or its container. § 160.44 Limitation of license. The credited processors. Each accredited license issued by the Secretary to a li­ § 160.37 Illegible inspection marks. processor shall furnish the Secretary censed inspector of naval stores shall In case any mark placed on a container such reports and other information rela­ state the name of the processing plant of rosin by or under the direction of an tive to the- opération and output of his or plants at which the licensee may per­ official inspector has become illegible, he eligible processing plant as the Secretary form the duties of an official inspector, will make such examination before re­ may deem necessary or appropriate for and shall be countersigned by such of­ marking as may be necessary to establish the administration of the regulations in the proper grade or identity of the rosin. ficial as may be designated and author­ this part applicable to licensed inspec­ No fee will be charged for this service, ized. tion, subject to the approval of the Bu­ but the cost of handling, opening, spik­ § 160.45 Inspector to be disinterested. reau of the Budget. Failure by an ac­ ing, and closing the container shall be No person having a direct financial in­ credited processor to keep such records borne by the interested person. terest in any naval stores to be inspected as may be necessary for him to submit § 160.38 Authority for changing at a processing plant, or who occupies correct reports, or failure by the proces­ marks. No mark placed upon any con­ a position in the processing firm, com­ sor to supply correct information to the tainer of naval stores by or at the direc­ pany, association or cooperative, in Secretary shall be deemed a violation of tion of an official inspector shall be oblit- which position he participates in the de­ the regulations in this part, and cause for No. 251------2 14670 FEDERAL REGISTER, F r id a y , D e c e m b e r 27, 1946

suspension or revocation of his inspection continue the use of the licensee as an nished by the Department and held by permit. official inspector, and the marking of his the processor for the use of his licensed products, to indicate official inspection, inspectors, other than standards or such § 160.52 Report of non-conformance. until the suspension is lifted, or another other material as may be covered by a Each licensed inspector shall promptly inspector is licensed or assigned. * separate loan application or agreement. report- to his supervising inspector and to the accredited processor, any evidence § 160.55 Suspension or revocation of § 160.57 Compensation of licensed in- of which he has knowledge indicating permits, (a) Any permit issued to an spectors. Each licensed inspector shall non-conformance with the regulations accredited processor to have naval stores be paid directly by the accredited proc­ in this part, and shall also so report any inspected, graded and certified by a li­ essor for his services as an official in­ attempt or effort- to influence him to censed inspector may be suspended or spector and for such other services or sample, grade or certify any naval stores revoked for the failure of the processor, duties to which he may be assigned in incorrectly or contrary to the regula­ after official notice, to correct any con­ accordance with § 160.46: Provided, That tions in this part. dition which renders his plant unquali­ whenever the Secretary shall deem it to fied for licensed inspection service, or for be in the best interest of the Federal in­ § 160.53 Suspension or revocation of repeated or continued non-conformance spection service, he may require «such licenses, (a) Any license to inspect, with any other provision of the act or the processor to report to him the terms and grade and certify naval stores may be regulations in this part. A permit may amounts of compensation paid to a li­ suspended or revoked for repeated fail­ be suspended for similar non-conform­ censed inspector during any specified ure by the licensee correctly to inspect, ance or failure of shorter duration or less period. grade, classify or. certify naval stores, serious nature. § 160.58 Fèes for licenced inspection or upon the persistence of any condition (b) A permit for licensed inspection permits. Each accredited processor shall which renders him unfit to perform the may be summarily suspended or revoked pay to the Department annually such duties of a licensed inspector, or for by any official authorized to issue or permit fee for each eligible processing other continued non-conformance with countersign such permits where the pub­ plant for which a permit has been issued, any provision of the act or the regula­ lic health, interest, or safety so requires as may be prescribed by the Secretary. tions in this part. A license may be or for wilful acts or omissions by the suspended for similar failures, condi­ permittee which constitute grounds for § 160.59 Fees for inspection and certi­ tions or non-conformance of shorter suspension or revocation of his permit fication by licensed inspectors. Each ac­ duration or less serious nature. under paragraph (a) of this section. In credited processor for whom naval stores (b) A license to inspect, grade and all other cases, prior to the institution have been inspected and certified here­ certify naval stores may be summarily of proceedings for the suspension or under by a licensed inspector during any suspended or revoked by any official revocation of a permit, such authorized calendar month shall on receipt of in­ authorized to issue or countersign such official shall cause tp be served upon the voice pay .to the Department the fee for licenses where the public health, inter­ permittee, in person or by registered each container of naval stores so in­ est or safety so requires or for wilful’ mail, a statement of the facts which ap­ spected and certified as may be prescribed acts or omissions by the licensee which pear to warrant such suspension or revo­ by the Secretary. constitute grounds for suspension or cation, specifying a reasonable time, § 160.60 Appeal inspections.Any in­ revocation of his license under paragraph depending upon the circumstances in spection certificate issued by a licensed (a) of this section. In all other cases, each case, within which the permittee inspector may be appealed in writing to prior to the institution of proceedings may demonstrate or achieve compliance the Secretary, such appeal to state the for the suspension or revocation of a with the act and the regulations in this license, such authorized official shall part. The permittee may demonstrate circumstances, the certificate number, cause to be served upon the licensee, in compliance by the presentation of evi­ and the quantity and certified grade of person or by registered mail, a state­ dence in writing or, in the discretion of the naval stores covered thereby. A ment of the facts which appear to war­ such authorized official, at an oral hear­ prompt regrade inspection shall be made rant such suspension or revocation, ing. If, at the end of the time allowed by an official inspector other than the specifying a reasonable time, depending for the permittee to demonstrate or original inspector. upon the circumstances in each case, achieve compliance, such authorized offi­ § 160.61 Charge for appeal inspection. within which the licensee may demon­ cial finds he is in compliance, his permit If the findings in an appeal inspection strate or achieve compliance with the shall not be suspended or revoked. If confirm the original inspection, the ac­ act, and the regulations in this part. such authorized official finds the permit­ credited processor shall pay for such re­ The licensee may demonstrate compli­ tee is not in compliance, the permit may inspection in accordance-with the fees ance by the presentation of evidence in be suspended or revoked after service established for original inspections made writing or, in the discretion of such upon the permittee, in perscfn or by reg­ by inspectors who are paid employees authorized official, at an oral hearing. istered mail, of a notice that such action of the Department. If the findings do If, at the end of the time allowed for is under consideration for reasons speci- - not confirm the original inspection, a the licensee to demonstrate or achieve fled in the statement of facts previously corrected certificate will be issued and compliance, such authorized official finds served upon him after reasonable op­ no charge will be made for re-inspection. he is in compliance, his license shall not portunity is given the permittee to pre­ be suspended or revoked. If such au­ sent further evidence in his behalf. CERTIFICATES AND REPORTS thorized official finds the licensee is not Within 7 days after receipt of notice of § 160.62 Kinds of certificates issued. in compliance, the licensee may be sus­ the suspension or revocation of his per­ A certificate as provided for by section mit, the processor by letter may appeal pended or revoked after service upon' 4 of the act shall be issued in duplicate the licensee, in person or by registered to the Secretary for its reinstatement, to the interested person, on naval stores mail, of a notice that such action is un­ and may attach to such letter any evi­ examined at his request, and such addi­ der consideration for reasons specified dence he may wish to submit. in the statement of facts previously tional copies as may be necessary may § 160.56 Voluntary discontinuance of served upon him and after reasonable be retained by the inspector. The kind opportunity is given the licensee to pre­ licensed inspection. An accredited proc­ of certificates issued are as follows: essor desiring to discontinue the use of sent further evidence in his behalf. (a) Turpentine analysis and classifi­ licensed inspectors for making official in­ Within 7 days after receipt of notice of cation certificate. spections, grading, and certifications of the suspension or revocation, of his (b) Turpentine field classification cer­ naval stores, shall give not less than 30 license, the inspector by letter may ap­ tificate. *■ days notice in writing to the Secretary peal to the Secretary for its reinstate­ of the intention to discontinue such serv­ (c) Rosin classification and grade cer­ ment, and may attach to such letter any tificate. evidence he may wish to submit. ice. At the termination of the service such processor shall surrender to the au­ (d) Rosin grade and weight certificate. § 160.54 Stopping inspection "by sus­ thorized representative of the Secretary (e) Loan and sale certificate for United pended inspector. An accredited pfoces- the permit for licensed inspection, to­ States graded rosin. sor upon receipt of notice of the suspen­ gether with all unused certificates, forms, (f) Classification and grade certificate sion or revocation of a license shall dis­ or other supplies and equipment fur­ for rosin in small containers. FEDERAL REGISTER, F r id a y , D e c e m b e r 27, 1946 14671

§ 160.63 When a certificate may be transmitted to the United States Treas­ shall take such action as may be neces­ issued. A certificate showing the results ury for deposit to Miscellaneous Receipts. sary to collect any amounts due. A de­ of any analysis, classification, or grad­ posit in advance sufficient to covej the { 160.70 Fees deposited to trust fund. fees and expenses for any subsequent ing shall be issued on any naval stores Pees and charges collected under the which conform with a United States service may be required of any person terms of a cooperative agreement pro­ Standard as to kind and grade and which failing to pay his claim after Issuance of viding for the establishment of a trust have been sampled by or under the di­ such notice of delinquency. fund to defray the cost of providing an rection and supervision of an official in­ inspection service contemplated thereby LOAN AND CARE OF UNITED STATES STANDARDS spector in accordance with the regula­ $hall be deposited in the United States tions in this part. The certificate shall § 160.76 Standards available on loan. Treasury to the credit of such trust fund. be valid only so long as the naval stores Duplicates of the United States Stand­ described therein shall remain under § 160.71 Charges for laboratory ex­ ards provided by the Department for seal or in the identical condition ob­ amination. For laboratory work involved classifying and grading rosin in com­ taining at the time of their examination. in the examination, analysis, classifica­ merce, shall remain the property of the tion, or grading of naval stores, or any Department, and may be loaned, but not § 160.64 When a certificate may not samples thereof, when the charges for sold, to such interested persons as may be issued. A certificate shall not be is­ such service, computed in accordance be approved by the Secretary. Any in­ sued for naval stores of which the sam­ with established fees, do not compen­ terested person desiring the loan of du­ ples were not taken by or under the sate the United States for the full cost plicates of the United States Standards direction of an official inspector, or which of the services rendered, or when no fee for rosin shall submit to the Secretary a if in containers of 150 pounds or less, rate has been provided, then in lieu form application, properly signed, which have not been packed, sampled, marked, thereof, the person requesting such serv­ Will show his interest in naval stores and and identified as required by the regu­ ice shall pay for such laboratory work his eligibility to receive and use such lations in this part, or for any article an amount computed at the rate of $20 duplicates, in accordance with these reg­ which does not conform with the stand­ per eight hour day or $3.00 per hour if or ulations. Standards so loaned shall be ards provided therefor by the act or by fractional parts of a day less than 4 returned promptly on request. the Secretary. The results of the exam­ hours. The person requesting such serv­ ination of such naval stores or anything § 160.77 Loan of standards without ice will be advised as to the approximate offered as such may be covered by a security. Duplicates of the United States cost of doing the work covered by the Standards for rosin may be loaned with­ written report, which is no case shall be request, and his authority to proceed construed as a certificate. out deposit of security, insofar as the shall be obtained before analysis or other supply in the possession of the Depart­ § 160.65 Issuance of loan and sale examination is made. ment will permit, to : certificate. On request of the owner, a § 160.72 Charges for other inspection (a) Any State, County or Municipal “Loan and Sale Certificate for United work. Whenever in complying with a official duly authorized to inspect and States Graded Rosin” (hereinafter des­ request for examination, inspection, clas­ grade rosin, who is actually engaged in ignated “L. S. Certificate”) may be is­ sification or grading of naval stores an inspection and grading work, and who sued to cover any rosin for which a Rosin Inspector must make a special trip or shall have been approved by the Secre­ Classification and Grade Certificate has deviate from his regular schedule of tary to act as custodian of such stand­ previously been issued by an official in­ travel, and the charges to be collected ards. spector, and which remains in the origi­ for such services, when computed in ac­ (b) Any bona fide dealer or distributor nal container. No inspector shall issue cordance with established inspection fees, of rosin who shall have been approved an L. S. Certificate until he has made are insufficient to cover the full cost of by the Secretary to act as depositary for certain that the rosin had previously the services rendered, then the person such standards, and who shall maintain been officially inspected and certified. requesting such services shall pay such and operate a regular naval stores yard The request for such certificate may be full cost, including allowances for time which is available to and is regularly made to the nearest inspector. spent in collecting and preparing used by other persons for the purpose of § 160.66 Prior certification required. samples, obtaining identification records, having rosin inspected, graded, stored, or If an L. S. Certificate is desired for a travel, or other necessary work, and in sold thereon: Provided, however, That a quantity of rosin, a part of which has addition any official travel and subsist­ person whose principal use of such not been previously classified and graded ence expense incurred in connection standards is the grading of rosin of his by an official inspector and covered by therewith. The charge for time shall be own production shall not be deemed to a certificate, such part shall be so in­ computed at the rate of $16.00 per eight- come within the scope of this paragraph, spected, classified, graded, marked and hour, day or $2.50 per hour for fractional but shall be required to post the security certified, as provided by the regulations parts of a day less than 4 hours. provided for in § 160.78 : And provided, further, That no person shall receive in this part. § 160.73 Expenses to be borne by per­ more than two sets of duplicates under son requesting service. All expenses in­ fees and charges for services rendered this paragraph. curred by the United States in connection (c) Any trade organization or institu­ § 160.67 Fees for inspection services. with the sampling, analysis, classifica­ tion of higher learning having a direct The Secretary shall from time to time tion, or grading of naval stores on re­ relationship to the production-or mar­ establish fees and charges for examina­ quest, not otherwise provided for by keting of naval stores other than by tion, sampling, grading, analysis and suitable regulation, shall be borne by the reason of the private interests or opera­ certification of naval stores as he may person making the request. deem fair and reasonable, and commen­ tions of its individual members, when in surate with the cost of the service ren­ i 160.74 Rendition of claims. As soon the opinion of the Secretary such dered. Such fees and charges may be as—practicable after the end of each standards are necessary to the normal announced to the trade in such manner month, or sooner if deemed advisable, functioning of the organization or insti­ as the Secretary considers practicable. there shall be mailed to each interested tution. person at whose request any services § 160.78 Loan of standards under se­ § 160.68 Fees under cooper ative have been performed, a claim for pay­ curity deposit. Duplicates of the United agreements. Pees and charges for any ment of moneys due the United States States Standards for rosin may be inspection and grading service covered for the services rendered or for the loan loaned to interested persons other than by the terms of any cooperative agree­ or repair of any standards. ment with any interested person may be those specified in § 160.77, on deposit established by and incorporated into * § 160.75 Delinquent claims. Any claim with the Department of security in the such agreement. remaining unpaid after 30 days from the sum of $100, by remittance payable to fiate of its rendition shall be considered the Treasurer of the United States. § 160.69 Fees deposited to Miscella­ as delinquent, and notice thereof shall be neous Receipts. Pees and charges col­ brought to the attention of the interested § 160.79 Annual charge for use of lected for services rendered, other than person. After a claim becomes delin­ standards. The cost of providing dupli­ those to be credited to a trust fund under quent, the Secretary may order the dis­ cates of the United States Standards for any cooperative agreement, shall be continuance of any further service, and rosin, and of maintaining such dupli- 14672 FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946

cates in accurate and proper condition Standards for resin have been loaned of the Naval Stores Act or of the regula­ for use in grading rosin, and of keeping will be held in the special deposit account tions in this part. necessary records thereof, shall be borne of the Department, and the same will bei by ttie interested persons to whom the returned to the person from whom re­ LABELING, ADVERTISING AND PACKING duplicates have been issued under ceived, or his legal representative, on § 160.93 False, misleading, or deceit­ § 160.77 (a) or (b) or § 160.78, and shall surrender of the duplicates secured ful practices. No label or other means or be defrayed by an annual charge of $4.00 thereby.: Provided, That before refund practice used in connection with the sale for each set of duplicates, payable at may bfe made the cost of any repairs or of naval stores in commerce or of any­ the end of each Government fiscal year, replacement shall be deducted. thing offered as such shall be false, mis­ or on surrender of the duplicates, com­ leading, or deceitful in any manner. puted pro-rata for the number of quar­ § 160.86 Miscellaneous receipts. All § 160.94 Meaning of words “pine” and ters of the fiscal year during which the moneys received or withheld to cover the duplicates were held. cost of repairs, or of replacing any miss­ “pine tree”. The words “pine” or “pine ing parts of duplicates, of as rental for tree”, when used to designate the source § 160.80 Reporting on use of stand­ duplicates, shall be paid into the United of spirits of turpentine, shall be deemed ards. Each person to whom any dupli­ States Treasury as Miscellaneous Re­ to mean a living, growing plant of the cates of the United States Standards for ceipts. genus Pinus, family Pinaceae, unless rosin have been loaned under any provi­ SALES AND SHIPMENTS the words “wood of” are used in connec­ sion of the regulations in this part shall, tion therewith. The terms “oleoresin of from time to time, submit such reports § 160.87 Identification of shipments. the southern pine” or “oleoresin from on the use and condition thereof as may The invoice or contract of sale of any the southern pine” shall be deemed to be required by the Secretary. naval stores in commerce shall identify mean the gum or oleoresin exuded by and describe the article in accordance § 160.81 Loss or damage of standards. such living growing trees, the source of with the classification and the standard gum spirits of turpentine. In case any duplicates become damaged of kind and grade provided by the act or or are missing, the person to whom they established by the Secretary. § 160.95 Meaning of word “gallon.” were loaned shall promptly inform the The word “gallon,” when used on or Secretary in writing, stating what dam­ § 160.88 Sale of mixed turpentine not impressed into any container of spirits age or loss was sustained and how the lawful. Since no standard has been pro­ of turpentine, or when used in an in­ same occurred. The cost of making nec­ vided for a mixture of two or more kinds voice referring to spirits of turpentine in essary repairs to any duplicates, or of of spirits of turpentine, the sale in com­ containers of 10 gallons content or less, replacing those damaged beyond repair, merce of any such mixture is prohibited shall mean a United States standard or missing, shall be paid promptly by the under any designation. gallon of 231 cubic inches of turpentine, person to whom they were originally § 160.89 Prohibited use of United regardless of any other definitive terms loaned. States Standards. It shall be deemed used therewith: Provided, That this shall ;not apply to the meaning of the words § 160.82 Request for additional stand­ unlawful under any conditions to sell, “Imperial gallon”, when placed on con­ ards. Any person to whom any dupli­ under or by reference to any United tainers intended for foreign shipment. cates have been loaned without security States Standard for naval stores, as pro­ For the purpose of these regulations a deposit, who shall request and be granted vided by the act and defined in the regu­ measured gallon of turpentine, or any the loan of additional duplicates to re­ lations in this part, any article which indicated multiple or fractional part place the original ones, shall be required fails to conform with such standard in thereof, shall be such quantity when to deposit the security provided for in all respects: Provided, That the phrase measured at a temperature of not more § 160.78 prior to the loan of such addi­ “under or by reference to United States than 75° Fahrenheit, and a weighed gal­ tional duplicates. If the set of duplicates Standards” as it appears in the act and lon «hall be construed to mean 7.2 pounds first loaned to such person, or any part the regulations in this part, shall include of turpentine. thereof, is recovered, it shall be returned the use of any words, letters, brands, for inspection or repair. The cost of any labels, or marks constituting any of the § 160.96 Powdered rosin. The classi­ repairs or replacements shall be paid, United States Standards for naval stores fication and grade of any rosin sold in whereupon such original set may be re­ on any container of naval stores, on any­ commerce in a powdered or finely broken turned to such person, and he shall sur­ thing attached to or supplied therewith condition shall be stated in the invoice render the second set, on receipt of which on delivery, or on any inspection, sale, or or contract of sale in accordance with the security frosted therefor shall be re­ shipping record or invoice, in describing the kind and grade of the rosin before turned. the kind, classification, or grade of the it was powdered or broken. For the pur­ naval stores covered thereby. pose of preventing coalescence there may § 160.83 Denial of loan of additional § 160.90 Prohibited use of word “tur­ be incorporated in such article a limited standards. It shall be deemed imprac­ and necessary quantity of inert, non- ticable under the act to loan additional pentine” or derivatives thereof. It shall be deemed unlawful to use in commerce resinous foreign material: Provided, duplicates to any person who has per­ That the nature and quantity of such mitted duplicates previously loaned to the word “turpentine” or a compound, derivative or imitation thereof, or any inert material shall be stated on the him, with or without security, to become label. lost, damaged or destroyed, if in the opin­ word or combination of words which are ion of the Secretary, such loss, damage a part of a United States Standard for § 160.97 Spirits of turpentine for or destruction resulted from any failure any kind of spirits of turpentine, to de­ medicinal use. Spirits of turpentine so scribe in any manner a mixture of spirits on the part of the interested person or packed, described, labeled, or sold as to of turpentine with any other oil or his agent to take suitable precaution to indicate that it is offered as a medica­ solvent. prevent the loss, damage or destruction, ment shall nevertheless be subject to the or when the available supply of dupli­ § 160.91 Permitted use of words “tur­ requirements of the Naval Stores Act and cates is deemed insufficient to warrant pentine?’ and “rosin”. The use of the of the regulations in this part, as we1! as the loan of additional duplicates to such word “turpentine” or the word “rosin” is any requirements under any other person. not prohibited in the name of an article statute. § 160.84 Surrender of standards. On made, prepared, or processed from spirits PROCEEDINGS IN CASE OF VIOLATION the death of any person, or the dissolu­ of turpentine or rosin, or to indicate the process whereby such article was made § 160.98 Proceedings prior to report- tion or reorganization of any partner­ or prepared: Provided, That this section ing violations of the act. Whenever it ship, firm or corporation, holding any shall not apply to any article covered by' shall appear to the Secretary that any duplicates of the United States Standard § 160.90. violation of the act should be reported for rosin, they shall be promptly returned to the United States Department of Jus­ to the Secretary by the holder thereof. § 160.92 Medicinal preparations. A tice for appropriate action, he shall serve compound or mixture containing spirits notice in writing upon the person ap­ § 160.85 Return of security. The se­ of turpentine or rosin, or both, with parently responsible for the alleged vio­ curity deposit received from any person other drugs, when sold for medicinal lation and shall give such person an to whom duplicates of the United States purposes, is not subject to the provisions opportunity to show in duplicate to the FEDERAL REGISTER, F r id a y , D e c e m b e r 27, 1946 14673

Secretary within 20 days after the receipt and seal of the United States Department (2) “Rase period” when applied to of such ndtice why the alleged violation of Agriculture. countries or areas of the Western Hemi­ should not be reported to the Depart­ sphere or to territories and possessions ment of Justice. The person so notified [ seal] C l in t o n P . A n d e r s o n , Secretary of Agriculture. Of the United States, means the period may within the period stated apply for January 1,1944, through March 31,1945, an opportunity to present his views in Appendix A — Standard Specifications for and when applied to all other countries person, or by his attorney. If the Secre­ Spirits of T urpentine or areas means the period September 1, tary deems the request appropriate he 1. These specifications shall cover the fol­ 1938 through August 31, 1939. Will designates time and place for hear­ lowing kinds of spirits of turpentine: gum (3) “Normal trade product” means: ing the applicant. spirits of turpentine; steam distilled wood (1) Any sugar-containing product for turpentine; sulphate wood turpentine; de­ individual, industrial, or institutional § 160.99 Report of violations for pros­ structively distilled wood turpentine. ecution. In the event of failure of the 2. Spirits of turpentine shall be clear and use, which was regularly imported prior person notified of an apparent violation free from suspended matter and water. to December 31, 1941; or of the Act to submit to the Secretary a 3. Spirits of turpentine èhall have a color (ii) Any sugar-containing product written answer as provided, in § 160.98, not darker than the grade known by the which is imported in consumer-size con­ or if, after such person has filed his an­ trade as “Standard.” tainers or which, immediately upon im­ 4. Spirits of turpentine shall have a mild swer or in addition, been given ah oppor­ portation, is to be packaged in the United odor characteristic of the kind of spirits of States in consumer-size containers by the tunity to present his views orally, no suf­ turpentine specified. importer, which is to be distributed ficient reason has been shown why the 5. Spirits of turpentine shall be pure and alleged violation should not be reported conform with the following physical require­ through wholesale and retail channels for prosecution, the Solicitor of the De­ ments: for individual or household consumption, partment, acting for and on behalf of the and which in the judgment of the Ad­ ministrator, is not a product which lends Secretary, shall report the alleged viola­ Gum spirits tion to the Department of justice for ap­ turpentine, Destruc­ itself to industrial use contrary to the steam distilled tively ration regulations of the Office of Tem­ propriate action. wood turpen­ distilled tine, sulphate wood tur­ porary Controls. (In the discretion of § 160.100 Publication. Composite data wood turpen­ pentine the Administrator, the submission of regarding inspections, analyses, classifi­ tine samples may be required at any time in cations, and grading of naval stores made order to determine whether or not any under any provision of the act or the reg­ Specific gravity at 15.6/ 0.860-0.875...... 0.860-0.866. product to be imported is a normal trade ulations in this part may be published 15.5° C. Refractive index at 20° C__ 1.465-1.478...... 1.463-1.483. product. Also, as a condition for the from time to time in such mediums as the Residue after polymerize- 2.0%...... 2.0%. granting of an import authorization, Secretary may designate for the purpose. tion, maximum. Refractive index of residue, 1.500...... 1.480. samples of each entry may be required to These regulations shall become effec­ 20° C., minimum, be submitted in order to insure compli­ tive thirty days after publication. Initial distilling tempera- 150-160 O...... 160-157 C. ture. ance with the provisions of the author­ Note: The foregoing regulations under the Distilling below: ization). Naval Stores Act consist in part of previously 170° O., minimum...... 90%...... 60%. (4) “Consumer-size containers” means 180° C.| minimum_____ 90%. promulgated regulations reprinted without containers containing less than three change for the convenience of the public and pounds of the product or less than one- in part of new and amended regulations to 6. The properties enumerated in these half U. S. liquid gallon. specifications may be determined in accord­ establish procedures for the inspection, grad­ (5) Any term not defined herein shall ing and certification of naval stores by private ance with the Methods of Sampling and persons licensed to perform the duties of ’offi­ Testing Turpentine (A. S. T. M. Designation have the meaning assigned to it in W ar cial inspectors at eligible processing plants, to D 233) of the American Society for Testing Pood Order 63. eliminate specification in the regulations of Materials. (b) Terms and conditions re issuance fees for certain inspection work and to pro­ [F. R. Doc. 46-21921; Filed, Dec. 26, 1946; of import authorizations. (1) No import vide for announcement of such fees, to delete 8:48 a. m.] authorization shall be granted for any references in the regulations to officials other sugar syrups, edible molasses, sugar-con­ than the Secretary of Agriculture, and to taining solutions, mixtures, or any other make such revision in the definitions and liquid saccharine substances derived in other provisions of the regulations as the Chapter XI—Production and Marketing foregoing changes require. These new pro­ whole or in part from sugar, sugar beets, visions and amendments were formulated Administration (War Food Distribution or sugarcane. after notice and public procedure required Orders) (2) Import authorizations may be by section 4 of the Administrative Procedure granted without restriction as to coun­ Act and after due consideration of all rele­ P art 1596— P ood I m po rts try or area of origin or as to quantity vant material presented by interested per­ STATEMENT OP POLICY GOVERNING THE ISSU­ for products other than those within sons. The regulations hereby promulgated subparagraph (1) of this pargraph con­ also include provisions relating to agency ANCE OP IMPORT AUTHORIZATIONS FOR P°Ucy, procedure, and practice under the SUGAR SYRUPS, MOLASSES, SUGAR CONTAIN­ taining less than 20 percent of added Naval Stores Act. Such provisions are ex­ ING PRODUCTS AND RELATED ITEMS sugar by weight, provided the commodity is regarded by the Department of Agri­ empted from the notice and public procedure Pursuant to the authority vested in requirements of section 4 of the Administra­ culture as a normal trade product. > me under the provisions of W ar Pood tive Procedure Act. The regulations promul­ (3) Import authorizations may be Order 63, as amended (10 P. R. 8950, 11 gated hereby also increase fees for laboratory granted without restriction for all drugs examinations of naval stores and certain other P. R. 2630, 5105), it is hereby declared and pharmaceuticals, provided the im­ inspection work to equal as nearly as may be to be the policy of the Department of porter establishes to the satisfaction of the cost of such service as required by the Na­ Agriculture to issue, or to deny issuance the Administrator that the product is val Stores Act. Inasmuch as the level of the of, import authorizations for sugar syr­ a bona-fide drug or pharmaceutical in fees is set by statute and information on the ups, molasses, sugar-containing solu­ cost of the service is wholly within the knowl­ that it is listed in the United States tions, sugar mixtures, sugar-containing edge of the Secretary of Agriculture, notice Pharmacopoeia or a written statement products, and related products as out­ and public procedure on establishment of is submitted from the U. S. Pood and lined herein: *uch fees are deemed unnecessary. Notice Drug Administration that the proposed and public procedure aré also deemed un­ § 1596.3 Statement of policy re the import is regarded by that Administra­ necessary with respect to various changes in and additions to the present regulations issuance of import authorizations for tion as a bona-fide drug or pharma­ made hereby merely to clarify the intent of sugar syrups and related items under ceutical. such regulations. WFO 63— (a) Definitions. For the pur­ (4) Import authorizations for all The reporting requirements of these regula­ poses of this statement the following normal trade products which do not tions have been approved by the Buréau of terms shall be given the meaning hereby come within the bar of subparagraph (1) the Budget in accordance with the Federal Re­ assigned to them. of this paragraph and which do not meet ports Act of 1942. (1), “Administrator” means the Ad­ the requirements set forth in subpara­ Done at Washington, D. C., this 20th ministrator or the Alternate Adminis­ graph (2) or (3) of this paragraph may day of December 1946. Witness my hand trator of War Pood Order 63. be granted as outlined below) 14674 FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946

. (i) Import authorizations for prod­ industrial or institutional use, he will notify for other purposes” (60 Stat. 300; Pub. ucts manufactured in Puerto Rico may cleaning; (2) all pipes shall have use of appropriate sprays, traps, etc., shall have full and free access at all smooth outer and inner Surfaces coated shall be taken to exclude all organic or times to every part of any process or with nickel, tin, or other approved non- inorganic foreign substances, particu­ renovated butter factory, and to all other corrosive metal; and (3) all fittings shall larly flies, rats, mice, and other vermin, premises and grounds used in connection have smooth outer and inner surfaces from such premises. therewith. coated with nickel, tin, or other approved § 301.5 Sanitary requirements for § 301.4 Sanitary requirements for non-corrosive metal, and shall be of such process or renovated butter, and for in­ process or renovated butter factories— design that there are no pockets or re­ gredients intended for use in its manu­ (a) Factories, storehouses, etc., to be cesses on the inside. All pumps, pipes, facture— (a) Requirements for contain­ kept sanitary and separate. All fac­ and fittings shall be kept in a sanitary ers of ingredients. In order to safeguard tories, storehouses, and other premises condition, and shall, after the comple­ the purity and fitness of butter, butter where process or renovated butter is tion of each daily operation, be disas­ oil, milk, and other ingredients for use manufactured, packaged, stored, or oth­ sembled and thoroughly washed and in the manufacture of process or reno­ erwise handled, and all premises where sterilized before being reassembled and vated butter, no manufacturer shall ac­ ingredients intended for use therein are used again. cept delivery of such an ingredient un­ stored, shall be used exclusively for such (f) Cleanliness of employees and of less, at the time of such receipt, it is purposes, shall be separated by solid clothing worn. All employees or other packed in a container which is con­ walls or partitions from any premises persons who handle process or renovated structed of: (1) An approved non-cor­ used for other purposes, and shall be butter, or any ingredient entering into maintained in a sanitary condition. its manufacture, shall be required to rosive. metal; (2) a corrosive metal which has been coated with some ap­ (b) Lighting, screening, ventilating, keep themselves clean, particularly their proved non-corrosive metal; or (3) and draining. All factories, storehouses, hands, and signs to that effect shall be wood which is tightly fitted together, and other premises where process or posted in conspicuous places in the parchment lined, and tightly headed. renovated butter is manufactured, pack­ manufacturing room and elsewhere on Such containers shall be equipped with aged, stored, or otherwise handled, and the premises as conditions require. Ap­ tightly fitted covers, and shall be kept all premises where ifigredients intended rons, smocks, and other outer clothing covered at all times. Every such con­ for use therein are stored, shali.be suit­ worn by employees or other persons who tainer shall be cleaned and dried thor­ ably lighted, screened, and ventilated. handle, or in any way come in,contact oughly before it is used again. All such premises shall also be provided with process or renovated butter, or with (b) Pure, clean water and ice to be with adequate drains, which shall be any ingredient. entering into its manu­ used. Only pure, clean water and ice properly trapped and sewer connected. facture, shall be of materials that may shall be used in the manufacture of proc­ Rooms shall be kept reasonably free from be made sanitary by washing, and only ess or renovated butter. When there is steam and other vapors. clean garments shall be worn. Boots and shoes shall be kept reasonably clean. any doubt on the part of the inspector (c) Care of floors, ceilings, walls, par­ regarding the purity of the ice or water titions, etc. All parts of any premises (g) Communicable diseases of em­ ployees. No person affected with any in­ supply, he shall report the facts, to the where process or renovated butter is factory management and to the chief of manufactured, packaged, stored, or fectious, contagious, or other communi­ cable disease, or who is a carrier thereof, bureau. otherwise handled, and all premises shall be employed in any factory where (c) Pure, clean air to be used; ap­ where ingredients intended for use process or renovated butter is manufac­ proved equipment for purifying air re­ therein are stored, including, but not tured, packaged, stored, or otherwise quired. Air used in aerating butter oil in limited to, the floors, ceilings, walls, pil­ handled, and any employee suspected of connection with the manufacture of lars, partitions, platforms, and stairways being so affected shall be reported by process or renovated butter shall be pure of such premises, shall be kept clean, and the inspector to the factory management and clean and shall be drawn from the shall be scraped, washed, painted, or and to the chief of bureau. outdoors. Generally accepted and ap­ otherwise treated as required by the in­ (h) Lavatories, toilets, and dressing proved equipment for washing or filtering spector. When any part of the premises* rooms; location and equipment. All such air shall be provided and used in *

14676 FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946

every instance in which the air is con­ cheesy, bleached, oxidized, or otherwise destruction or denaturation required. taminated with dirt, dust, other debris, deteriorated to an extent which cannot Any portion of any butter, butter oil, smoke, or objectionable odors. be removed by any generally recognized milk, or other ingredient intended for use (d) Pasteurization of mixtures and processing method shall also be deemed in the manufacture of process or reno­ emulsions; approved recording dairy to be unfit for such use. The inspector vated butter which, upon inspection, is thermometers required. Every mixture shall mark the container “U. S. Inspected found to contain any visible mold, bits of or emulsion made from milk, skim milk, and Condemned,” and all of the contents wood or metal (including scrapings), or cream (either in liquid or powdered of such container shall be denatured or dirt, dust, or other debris, shall be form) and butter oil shall be properly destroyed, by or under the supervision of deemed to be unfit for such use, and such pasteurized before it is used in the man­ an inspector, in accordance with the pro­ contaminated portion shall be removed ufacture of process or renovated butter. visions of paragraph (f) of this section. therefrom and placed in a container In order to insure proper and adequate The provisions of this paragraph shall marked “U. S. Inspected and Con­ pasteurization, a recording dairy ther­ also apply to any churning or other lot demned,” and shall be denatured or de­ mometer of generally accepted and of process or renovated butter. stroyed, by or under the supervision of an approved type and design shall be pro­ (b) Process or renovated butter, and inspector, in accordance with the provi­ vided and used. prospective ingredients thereof, found to sions of paragraph (f) of this section. (e) Butter must be melted, clarified, contain any avian animal, etc., or any In determining the portion which shall etc., at factory and under supervision of part thereof, or excrement therefrom; be condemned and denatured or de­ inspector. No butter shall be used in destruction or denaturation required. stroyed, the following rules shall govern: the manufacture of process or renovated Any butter, butter oil, milk, or other in­ (1) If the contaminated portion is of butter unless the melting, clarifying, re­ gredient intended for use in the manu­ such a local character that it may be re­ fining, and other processing of it has facture of process or renovated butter moved and still leave a remaining portion been done at a process or renovated but­ which, upon inspection, is found to con­ which is unaffected, such unaffected por­ ter factory under the supervision of an tain any avian, reptilian, mammalian, tion may be passed for human food after inspector: Provided, That this restric­ amphibian, or piscine animal, or any the removal and condemnation of the tion shall not apply to any processing of cockroach, flea, or louse, or any part contaminated portion; (2) however, if any such butter which has been done thereof, or any excrement therefrom, the .contamination is of such general by a process or renovated butter manu­ shall be deemed to be unfit for such use. character that the extirpation thereof facturer before the effective time of The inspector shall mark the container would be difficult and uncertainly accom­ these regulations, if such butter, in its “U. S. Inspected and Condemned,” and plished, all of the contents of such con­ then processed form, is in the possession all of the contents of such container shall tainer shall be condemned and denatured of the particular manufacturer at such be denatured or destroyed by or under or destroyed as aforesaid. The provi­ time:' And provided further, That butter the supervision of an inspector in accord­ sions of this paragraph shall also apply melted by the original former producer ance with the provisions of paragraph (f) to any churning or other lot of process thereof and placed and stored by him of this section. The provisions of this or renovated butter. in a container meeting the specifications paragraph shall also apply to any churn­ (e) Identification of process or reno­ prescribed in paragraph (a) of this sec­ ing or other lot of process or renovated vated butter, and, of ingredients intended tion which is sold to a process or reno­ butter. for use in its manufacture, which have vated butter manufacturer (either di­ (c) Process or renovated butter, and passed inspection. All butter, butter oil, rectly or through a designated repre­ prospective ingredients thereof, found to milk, and other ingredients intended for sentative of such manufacturer) may contain any insect, or other animal not use in the manufacture of process or be used by such manufacturer in the referred to in paragraph (b) of this sec­ renovated butter, or portions thereof, manufacture of process or renovated tion, or any part thereof, or excrement which, after final inspection, are not con­ butter, if it is otherwise eligible for such therefrom; extent of destruction or de- demned, pursuant to the provisions con­ use. naturation required. Any portion, of any tained in paragraphs (a) (b ), (c ), or (d) (f) Process or renovated butter and butter, butter oil, milk, br other ingre­ of this section, shall be considered to be ingredients must be kept, stored, and dient intended for use in the manufac­ fit for' such use, and the containers handled in a sanitary manner. All milk, ture of process or renovated butter which, thereof shall be marked “U. S. Inspected skim milk, or cream (in either liquid or upon inspection, is found to contain any and Passed.” All process or renovated powdered form), and all butter, butter insect, or other animal not specifically butter which, after final inspection, is not oil, and other ingredients intended to be referred to in paragraph (b) of this sec­ condemned, pursuant to the provisions used in the manufacture of process or tion, or any part thereof, or any excre­ contained in paragraphs (a ), (b), (c), renovated butter, as well as all process ment therefrom, shall be deemed to be or (d) of this section, shall be deemed to or renovated butter, shall be kept, stored, unfit for .such use, and such infested be clean, wholesome, healthful, and oth­ and handled in a sanitary manner in portion shall be removed therefrom and erwise fit for human food, and the con­ accordance with generally accepted placed in a container marked “U. S. In­ tainers thereof shall be marked “U. S. practices of the dairy industry. spected and Condemned,” and shall be Inspected and Passed.” (g) All containers must be kept and denatured or destroyed by or under the (f) Destruction or denaturation of stored in a sanitary manner. All car­ supervision of an inspector in accord­ condemned process or renovated butter, tons, packages, tubs, cans, tins, wrap­ ance with the provisions of paragraph and of condemned prospective ingre-_ pers, liners, or other containers intended (f) of this section. In determining the dients. Each lot of condemned process for use in the packaging of process or portion to be so condemned and de­ or reno^ted butter, and each lot of con­ renovated butter shall be kept and natured or destroyed, the following rules demned butter, butter oil, milk, or other stored in a sanitary manner. shall govern: (1) If the infestation is of ingredient which was intended for use such a local character that it may be in the manufacture of process or reno­ § 301.6 Inspection standards for proc­ removed and still leave a remaining por­ vated butter, shall be either destroyed ess or renovated butter, and for ingredi­ tion which is unaffected, such unaffected or denatured, at the option of the process ents intended for use in its manufac­ portion may be passed for human food or renovated butter manufacturer, by or ture— (a) Process or renovated butter, after the removal and the condemnation under the supervision of an inspector. and prospective ingredients thereof, of the infested portion; (2) however, if Any such destruction shall be accom­ found to be putrid and decomposed, or the infestation is of such a general char­ plished either by burning, or by dumping to be rancid, etc. Any butter, butter oil, acter that the complete extirpation in a sewer, whichever method the in­ milk, or other ingredient intended for use thereof would be difficult and uncer­ spector may deem to be the most éx- in the manufacture of process or reno­ tainly accomplished, all of the contents pedient, practicable, and effective to vated butter which, upon inspection, is of such container shall be condemned accomplish the desired purpose. Any found to be putrid or decomposed shall be and denatured or destroyed as aforesaid. such denaturation shall be accomplished f deemed to be unfit for such use. Any The provisions of this paragraph shall by the addition to each 100 parts of the butter, butter oil, milk, or other ingredi­ also apply to any churning or other lot condemned portion of either (1) three ent intended for use in the manufacture of process or renovated butter. parts of rosin oil, (2) one-fourth part of of process or renovated butter whiph, (d) Prospective ingredients found to pyridin, (3) four parts of aniline oil, or upon inspection, is found_to be rancid, contain any visible mold, etc.; extent of (4) six parts of dark colored oleic acid, FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946 14677 and the thorough mixing of such face gothic letters not less than three- (b) No statement that is false or mis­ denaturant with such condemned por­ eighths of an inch square. Th£ color of leading in any particular shall be placed tion. Every such denaturation shall be such printed or stenciled words shall be on or affixed to any wrapper, label, car­ by, or under the supervision of, an in­ in strong contrast to the color of the ton, or container of process or renovated spector, and the denaturant used in wrapper or carton. No other marks shall butter. each instance shall be furnished by, and be placed on the panel of the carton, (c) No person shall transport, or offer at the expense of, the particular process wrapper, or other container on which for transportation, or sell, or offer for or renovated butter manufacturer. such words are branded, except the words sale, in interstate or foreign commerce, (g) Storage and safekeeping of any “U. S. Inspected and Passed.” or in commerce affecting commerce lot of process or renovated butter, and (c) Net weight requirements; pictorial among the States, any process or reno­ of any lot of ingredients intended for misrepresentations prohibited. Each, vated butter that has not been inspected use in its manufacture, pending further carton, wrapper, or other container in and passed, and marked, labeled, and inspection of such lot. If any lot of which prints or rolls of process or reno­ branded in accordance with the provi­ process or renovated butter, or any lot vated butter are placed, shall show the sions contained in the regulations in this of butter, butter oil, milk, or other in­ manufacturer’s name and address, or the part. gredient intended for use in the manu­ factory number, district, and State, and (d) Any person who violates any pro­ facture of process or renovated butter, shall bear a plain and conspicuous state­ vision of the process or renovated butter upon inspection, does not plainly show, ment of the net weight of the contents. act, including; but not limited to, any but is suspected of being affected with Such cartons, wrappers, or other con­ provision set forth in paragraphs (2D, any infestation or contamination which, tainers shall bear no pictorial, or other (b ), or (c) of this section, shall be under the provisions of the regulations representation, which may create the im­ deemed guilty of a misdemeanor, and, in this part, may cause condemnation, pression that the article therein con­ upon conviction thereof, shall be pun­ in whole or in part, the container of such tained is other than process or renovated ished by It fine of not more than $1,000 lot shall be so marked by the inspector butter. or by imprisonment of not more than six as to preserve its identity as a suspect (d) Surface impressions. The top sur­ months, or by both such fine and im­ requiring further inspection, and it shall face of solid-packed process or reno­ prisonment. be placed in a separate room or rooms, vated butter shall be imprinted with the § 301.9 Reports— (a) Work reports. which room or rooms shall be securely words “Process Butter” in plain gothic Reports of the work carried on in each locked, and the keys to which shall be in letters not less than one-half an inch process or renovated butter factory shall the custody of an inspector. square, and such words shall be im­ be submitted to the bureau by the in­ (h) Reinspections. Any process or pressed at least one-eighth of an inch spector assigned to such factory at such renovated butter, even though it has pre­ deep. Prints and rolls of process or reno­ times, on such forms, and in such man­ viously been inspected and passed, may vated butter shall be similarly impressed ner as may be specified by the chief of be reinspected by an inspector as often with letters not less than three-eighths bureau. as he may deem it necessary to deter­ of an inch square. The surface impres­ (b) Furnishing of information. Each mine whether it is clean, wholesome, sion may be omitted from prints and rolls manufacturer of process or renovated healthful, and otherwise fit for human of a pound unit weight, or less, if there butter shall furnish an inspector, upon food. Any butter, butter oil, milk, or is compliance with all other require- , request therefor, with accurate infor­ other ingredient intended for use in the ments. mation in regard to his manufacturing manufacture of process or renovated (e) Marks, etc., requiring apptoval. operations. butter may, even though it has pre­ With the exception of shipping marks, (c) Reports of violations. Every in­ viously been inspected and passed, be any marks, brands, or labels, other than spector shall report promptly to the chief reinspected by an inspector as often as those prescribed by the regulations in of bureau the facts and circumstances he may deem it necessary to determine this part, shall be approved by the chief respecting any known or suspected viola­ whether- it is fit for such use. of bureau before they are used on pack­ tion of the process or renovated butter (i) Ingredients must be inspected and ages, cartons, wrappers, or other con­ act, or of the regulations in this part. • passed prior to use in manufacture. No tainers of process or renovated butter. § 301.10 Withdrawals of inspections. Ingredient of any kind shall be used in Triplicate copies of proposed new labels, In any case in which the chief of bureau the manufacture of process or reno­ cartons, or wrappers, in the form of determines that the sanitary conditions vated butter unless and until it has been sketches, proofs, or photographic copies, existing in any process or renovated but­ inspected and passed for that purpose shall be transmitted through inspectors ter factory do not meet any of the stand­ by an inspector. to the chief of bureau for approval. After ards prescribed in § 301.4 or § 301.5, he such labels, cartons, or wrappers have § 301.7 Marking, labeling, and brand­ shall cause inspection to be withdrawn been printed, lithographed, or embossed ing of process or renovated butter— (a) from such factory: Provided, That no in accordance with approved sketches or Statutory packages. Before removal such withdrawal action shall be made ef­ proofs, three of each of such labels, car­ from the factory, each package of proc­ fective unless and until the facts or con­ tons, or wrappers shall be submitted ess or renovated butter shall have leg­ duct which the chief of bureau believes through inspectors for final approval and ibly printed or stenciled on one of its may warrant such action have been filing. Stocks of packages, cartons, sides the words “Process Butter,” also called to the attention of the manufac­ wrappers, or other containers shall not the factory number, district, and State turer in writing, and such manufacturer be acquired prior to .such final approval. and the net weight, in the following has been accorded an adequate opportun­ manner: (f) Evidence of approval. Approved ity to demonstrate compliance with all of copies of all labels, cartons, or wrappers, such standards. In any case in which Process Butter shall be retained in the manufacturer’s Factory No. 2, 2d Dist., New York the chief of bureau determines that any Net Weight, 60 Lbs. registered place of business, and kept manufacturer of process or renovated available for inspection by representa­ butter has failed to comply with any pro­ The words “Process Butter” shall be in tives of the United States Department vision of these regulations, other than bold-face gothic letters, not less than of Agriculture. any of those set forth in §§ 301.4 or three-quarters of an inch square, and 301.5, the chief of bureau is authorized, the other words and figures shall be not § 301.8 Penalties. (a) No person shall forge, counterfeit, simulate, falsely in his discretion, to withdraw inspection less than one-half an inch square. The from such manufacturer’s factory: Pro­ color of such words and figures shall be represent, detach, or knowingly alter, de­ face, or destroy, or use without proper vided, That no such withdrawal action in strong contrast to the color of the shall be made effective unless and until package. authority, any of the marks, stamps, la­ the facts or conduct which the chief of (b) Cartons, wrappers, and other con- bels, or tabs provided for in the regula­ bureau believes may warrant such ac­ tainers. Each of the cartons, wrappers, tions in this part for use on process or tion have been called to the attention and other containers in which prints or renovated butter, or on wrappers, pack­ of the manufacturer in writing, and such rolls of process or renovated butter are ages, containers, or cases in which the manufacturer has been accorded an Placed shall be branded on one panel product is contained, or any certificate adequate opportunity to demonstrate or with the words “Process Butter” in bold- in relation thereto. achieve compliance with all such pro- No. 251----- 3 14678 FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, me visions. Every such withdrawal of in­ lease from the charge on the condition P art 707— M edical an d D en tal spection shall remain effective for such that they apply and are accepted for en­ A ttend ance period of time as the chief of bureau listment or reenlistment, are ineligible. may order, except that in no event shall No person will be accepted for enlist­ CIVILIAN MEDICAL ATTENDANCE FOR MILITARY inspection be resumed in any factory ment or reenlistment who is serving a PATIENTS from which inspection was withdrawn suspended sentence or who is on parole Amend § 707.3 (h) (iv) by substituting for failure to meet any standard pre­ from any civil court. the words “Army of the United States scribed in §§ 301.4 or 301.5 unless or until A record of adjudication of conduct by (including Regular Army but excluding it appears, to the satisfaction of the a juvenile court in the State of Ohio un­ Reserve components)” in lieu of the chief of bureau, that all requirements der the statute quoted below or by a words, “Regular Army and Regular Army prescribed in such sections are being juvenile court of any other State having Reserve” wherever they appear. met. a similar law is not a bar to enlistment [AR 40-505, 5 Dec. 1945, as amended by under section 1118, Revised Statutes. § 301.11 Furnishing of office space, W. D. Cir. 341, 20 Nov. 19461 (R. S. 161; Recruiting officers will scrutinize care­ etc., to inspectors. Properly and ade­ 5 U. S. C. 22) quately furnished office space, including fully the juvenile court record of an ap­ light, heat, and janitor service, shall be plicant for enlistment, to determine [ se al] E dward F. W it s e l l , provided, without expense to the bureau, whether he is of good character and Major General, fqr the use of inspectors. ' otherwise eligible for enlistment, and will The Adjutant General. submit to higher authority any case in [F. R. Doc. 46-21908; Filed, Dec. 26, 1946; § 301.12 Review of inspectors* deci­ which doubt arises as to the gffect of a 8:52 a. m.] sions. Any person who js dissatisfied particular statute. with the decision of any inspector with Section 1639-30, Supplement to the respect to any matter covered in the reg­ General Code of Ohio, 1936, June 1938, Chapter VIII—Supplies and Equipment ulations in this part may, by making provides that: written request to the chief of bureau P art 824—D is p o s it io n o f N o n - repair- therefor, obtain a review of such decision No adjudication upon the status of any child in the jurisdiction of the court (juve­ able P r o pe r t y by the chief of bureau, whose decision nile court) shall operate to impose any of shall be final. However, nothing con­ the civil disabilities ordinarily imposed by salvage tained herein shall be construed to deny conviction, nor shall any child be deemed a Section 824.6 is amended by designat­ or abridge the power of the chief of criminal by reason of such adjudication, nor ing the text immediately following the shall such adjudication be deemed a convic­ bureau to make decisions originally, headnote as paragraph (a ), and by add­ whenever he shall deem it advisable to tion, nor shall any child be charged with or ing paragraph (b ), to read as follows: do so, with regard to any matter covered convicted of a crime in any court; * * • nor shall such disposition * * * operate § 824.6 Making of awards. * * * in the regulations in this part. to disqualify a child in any future civil serv­ (b) Award will be made normally to These revised regulations shall become ice examination, appointment or application. the highest bidder, but if it is considered effective at 12:01 a. m., e. s. t., on the 2. Paragraph (d) of § 701.10 is amend­ to be in the best interest o f the Govern­ 31st day after the date of their publica­ ed as follows: ment, award may be made to other than tion in the F ederal R egister. § 701.10 Physical examination. * * * the highest bidder, either at his bid price Issued this 20th day of December 1946. (d) Use of civilian physician. If med­ or another price arrived at by further negotiation. When award is made to [ s e a l] C l in t o n P. A nd e r so n , ical officers or contract surgeons are not Secretary of Agriculture. available for physical examinations, ap­ other than the highest bidder, a state­ plicants for enlistment in the Army of ment of reasons therefor will be fur­ [P. R. Doc. 46-21920; Filed, Dec. 26, 1946; nished the commanding general of the 8:47 a. m.] the United States (including Regular Army but excluding Reserve com- appropriate army, the Commanding ponents) will be physically examined by General, Army Air Forces, Commanding civilian physicians, \ preferably Army General, Military District of Washington, or the chief of the technical service hav­ TITLE 10—ARMY: WAR DEPARTMENT Medical Corps Reserve officers not on active duty, employed under authority of ing jurisdiction, and a copy filed with Chapter YII—Personnel the army commander, ZI. Civilian the records of the salvage officer. physicians employed for such purpose [AR 700-25, 8 Nov. 1946 as amended P art 701— R e c r u it in g and I n d u c t io n for must be citizens of the United States. by C 1, 6 Dec. 1946] (R. S. 161; 5 U. S. C. t h e A r m y o f t h e U n it e d S tates Authority is hereby granted for the hire 22) miscellaneous a m e n d m e n t s of such physicians at $15 per day, unless the number to be examined is so small [ s e a l] E dw ard F; W it s e l l , The following amendments and addi­ that it would be more economical to hire Major General, tions to the regulations contained in Part them under the provision of §§ 707.1 to The Acljutant General. 701 are hereby prescribed: 707.9, inclusive, which allows the pay­ [F. R. Doc. 46-21907; Filed, Dec. 26, 1946; 1. In § 701.3 paragraph (c) is amended ment of $2 for a single physical exam­ 8:53 a. m.] and a new paragraph, designated (d) is ination and $1 for each additional exam­ added as follows: ination that may be made on the same § 701.3 Classes ineligible for enlist­ day. A physician employed to make ex­ ment. * * * aminations at more than one recruiting TITLE 16—COMMERCIAL PRACTICES ‘(c) Persons who have been imprisoned and induction station will be allowed the Chapter I—Federal Trade Commission under sentence of a court. The com­ above-mentioned rates in full for the ex­ manding general of each army, (ZI) is aminations at each station. Vouchers [File No. 21-203] authorized to waive this disability in the will be prepared on W D AGO Form 8-11, case of an applicant for enlistment formerly W ar Department Form 354 P art 88— S a w and B lade S ervice within the army area who has served (Personal Services— Examination and I n d u s t r y only a short sentence for a minor offense, Vaccination of Recruits) and charged to Promulgation of Trade Practice Rules. but only if in the opinion of the com­ funds available to headquarters of armies At a regular session of the Federal Trade manding general the applicant’s serv­ (ZI). Commission held at its office in the City ices will be an asset to the Army. of Washington, D. C., on the 20th day of [A R 600-750, 30 Sep. 1942 as amended by (d) Persons granted release, suspen­ December A. D. 1946. C12, 2 Dec. 1946] (41 Stat. 765; 10 sion of sentence or parole. Persons who Due proceedings having been held un­ U. S. C. 42) have had criminal charges filed against der the trade practice conference pro­ them alleging a violation of a State, Fed­ [ s e a l] E dw ar d F. W its e l l , cedure in pursuance of the Act of Con­ eral, or territorial statute and as an Major General, gress approved September 26, 1914, a* alternative to further prosecution, in­ The Adjutant General. amended (Federal Trade Commission dictment, trial, or incarceration for such ]F. R. Doe. 46-21943; Filed, Dee. 26, 1046; A ct), and other provisions of law admin­ Violation are granted by a court a re­ 8:48 a. m.] istered by the Commissioni FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946 14679

It is now ordered, That the trade prac­ tion, or other organization subject to its the industry to induce, or attempt to tice rules of Group I and Group II, as jurisdiction, of such unlawful practices in induce, an agent of a competitor to be­ hereinafter set forth, which have been commerce. come the industry member’s agent also, with the understanding or agreement approved and received, respectfully, by Sec. the Commission in this proceeding, be 88.1 Inducing breach of contract. between such industry member and agent promulgated as of December 27, 1946, 88.2 Defamation of competitors or dispar­ that, though retaining his agency rela­ Statement by the Commissiojt. Trade agement of their products or service. tionship with such competitor, such practice rules for the Saw and Blade 88.3 Procurement of competitor's confiden­ agent is not to continue to promote in tial information. Service Industry are promulgated by the good faith the business of such com­ 88.4 Prejudicing competitors’ relationships petitor. [Rule 41 Federal Trade Commission in the revised with their agents. and extended form hereinafter set forth. 88.5 Enticing away employees of competi­ § 88.5 Enticing away employees of The rules are directed to the preven­ tors. competitors. Wilfully enticing away tion of various unfair trade practices and 88.6 Commercial bribery. the employees of competitors with the the maintenance of fair competitive con­ 88.7 Deception of customers of competitors purpose and effect of thereby unduly ditions in the interest of the public and as to identity. 88.8 Falsification of records. hampering or injuring competitors in in harmony with the requirements of 88.9 Furnishing of property on condition of their business and destroying or sub­ law. exclusive right to service same. stantially lessening competition is an Members of the industry are the per­ 88.10 Transactions below cost. unfair trade practice: Provided, however, sons, firms, corporations, and organiza­ 88.11 False guarantees. That nothing in this rule shall be con­ tions engaged in the business of supply­ 88.12 Substitution of products. strued as prohibiting employees from ing and servicing, under lease or rental 88.13 Coercing purchase of one product as a obtaining more favorable employment. prerequisite to the purchase of other contract, saws, saw frames, knives, chop­ [Rule 5] per machines, knife or slicer machines products. 88.14 False or misleading price quotations. land-plates or blades for such machines), § 88.6 Commercial bribery. It is an 88.15 False advertising. unfair trade practice for a member of and similar articles, for use in meat mar­ 88.16 Misbranding. kets, packing houses, restaurants, and 88.17 Discrimination. the industry, dire.ctly or indirectly, to other food processing or food dispensing 88.18 Aiding or abetting use of unfair trade give or permit to be given, or offer to establishments. The annual value of practices. give, money or anything of value to agents, employées, or representatives of business of such Saw and Blade Service Authority: §§ 88.1 to 88.18, inclusive, is­ Industry is approximately $5,000,000 in sued under 38 Stat. 717, as amended; 15 U. 8. customers or prospective customers, or the aggregate. C. 41 et seq. to agents, employees, or representatives Proceedings leading to the establish­ of competitors’ customers or prospective § 88.1 Inducing breach of contract. Tt ment of the rules were instituted upon customers, without the knowledge of Is an unfair trade practice to induce or application of industry representatives their employers or principals, as an in­ attempt to induce the breach of existing and in the course thereof a trade prac­ ducement to influence their employers lawful contracts between competitors tice conference of the entire industry or principals to purchase or contract for and their customers* or their suppliers, was held b£ the Commission in Philadel­ the supplying or servicing of saws, saw by any false or deceptive means whatso­ phia, Pennsylvania. Subsequently, pub­ frames, blades, meat-chopper plates, ever, or to Interfere with or obstruct the lic notice of hearing was issued, together knives, or other articles from the maker performance of any such contractual With draft of proposed rules, and all of such gift or offer, or to influence such duties or services by any such means, interested or affected parties were af­ employers or principals to refrain from with the purpose and effect of unduly forded opportunity to present their dealing or contracting to deal with com­ hampering, injuring, or prejudicing com­ views,-suggestions, objections, or amend­ petitors. [Rule 6] petitors in their business. [Rule 1] ments, if any, in respect to the rules and -§ 88.7 Deception of customers of com­ to be heard in the premises. § 88.2 Defamation of competitors or petitors as to identity. It is an unfair Hearing was accordingly held in Wash­ disparagement of their products or serv­ trade practice for any member'of the ington, D. C. Thereafter, and upon full ice. The defamation of competitors by industry, his agent or representative, to consideration of the entire matter, final falsely imputing to them dishonorable feign his identity to a customer of a com­ action was taken by the Commission conduct, inability to perform contracts, petitor as being that of an agent' or rep­ whereby it approved and received, re­ questionable credit standing or integrity, resentative of such competitor and spectively, the rules appearing in Group I or by other false representations, or the thereby obtain possession of money or and Group IT. false disparagement of the grade, qual­ property belonging to a competitor, or Such rules herewith issued become ity, durability, workmanship, quantity, to obtain any advantage with respect to operative thirty (30) days from date composition, construction, specifications, such competitor by reason of such de­ of promulgation, supplanting the trade make, type,' size, origin, appearance, ception. The effecting of a substitution practice rules which formerly had been value, or performance of their products, of the member’s service or supplies for issued for this industry on January 12, or of the nature, quality, or extent of the that of his competitor’s service or sup­ 1933. service furnished by them, or of their, plies by such deceptive means is an un­ The rules. These rules promulgated by prices, credit terms, or contract condi­ fair trade practice under this section. the Commission are designed to foster tions, or of their business methods, prac­ [Rule 71 and promote the maintenance of fair tices, or policies, is an unfair trade prac­ § 88.8 Falsification of records. The competitive conditions in the interest of tice. [Rule 21 protecting industry, trade, and the public. practice of withholding from or inserting § 88.3 Procurement of competitor’s It is to this end, and to the exclusion of in a receipt left with customers state* confidential information. It is an unfair any act or practice which suppresses ments which make the receipt a false trade practice for any member of the in­ competition, restrains trade, fixes or con­ and deceptive record, wholly or in part, dustry to obtain information concerning trols price through combination or agree­ of the transaction which said receipt " the business of a competitor by bribery ment, or which otherwise injures, de­ covers, is an unfair trade practice. of an employee or agent of such com­ stroys, or prevents competition, that the [Rule 81 rules are to be applied. petitor, by false or misleading statements or representations, by the impersonation § 88.9 Furnishing of property on con­ Group I. The unfair trade practices dition of exclusive right to service same. of one in authority, or by any other un­ embraced in the Group I rules herein are (a) It is an unfair trade practice for fair means, and to use the information so any member of the industry to sell, lease, considered to be unfair methods of com­ obtained in such manner as to injure said loan, or otherwise furnish to any cus­ petition, unfair or deceptive acts orprac- competitor in his business nr to suppress tices, or other illegal practices, prohibited tomer or prospective customer, any saw competition or unreasonably restrain under laws administered by the Federal frame, grinding or cutting machine, trade. [Rule 31 Trade Commission; and appropriate pro­ saws, knives, blades, or plates, or any ceedings in the public intërest will be S 88.4 Prejudicing competitors’ rela­ other article of property, on the condi­ taken by the Commission to prevent the tionships with their agents. It is an un­ tion, agreement, or understanding that Use, by any person, partnership, corpora­ fair trade practice for any member of such customer shall not use, or contract 14680 FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946

for the use of, machinery, supplies, or or terms of sale or loan, with the capac­ (3) That nothing herein contained other articles of property of a competitor ity and tendency or effect of thereby t shall prevent persons engaged in selling or competitors of such industry member, misleading or deceiving the purchaser or supplying goods, wares, or merchan­ where the effect of such condition, agree­ or borrower, is an unfair trade prac­ dise in commerce1 from selecting their ment, or understanding may be to sub­ tice. [Rule 14] own customers in bona fide transactions stantially lessen competition or tend to and not in restraint of trade; create a monopoly in any line of § 88.15 False advertising. Making, or causing to be made or published, any (4) That nothing herein contained commerce. shall prevent price changes from time to (b) The inhibitions of this section false, misleading, or deceptive statement or representation, by way of advertise­ time where made in response to changing shall apply though the furnishing of conditions affecting either (i) the market property by industry member upon such ment or otherwise, concerning the grade, quality, quantity, substance, character, for the goods concerned, or (ii) the condition be without charge to the cus­ marketability of the goods, such as, but tomer. [Rule 91 size, material, content, origin, prepara­ tion, manufacture, or distribution of any not limited to, actual or imminent de­ § 88.10 Transactions below cost. The industry product, or in any other mate­ terioration, distress sales under court practice of selling or supplying equip­ rial respect, is an unfair trade practice. process, or salés made in good faith in ment and service below the seller’s or [Rule 15] discontinuance of business in the goods supplier’s cost, when pursued with concerned. wrongful intent of thereby injuring a § 88.16 Misbranding. It is an unfair (b) Prohibited brokerage and commis­ competitor and where the effect of such trade practice to falsely or deceptively sion. It is an unfaftr trade practice for practice is to unreasonably restrain mark, brand, or label any products of any member of the industry engaged in trade, tend to create a monopoly, or sub­ the industry with any word, phrase, commerce,1 in the course of such com­ stantially lessen competition, is an unfair mark, name, label, design, device, or merce, to pay or grant, or to receive or trade practice. other representation with respect to the accept, anything of value as a commis­ size, quality, durability, finish, material, This section is not to be construed as sion, brokerage, or other compensation, or construction of such products or of prohibiting all transactions below cost, or any allowance or discount in lieu any of the component parts thereof. but only such selling or supplying below thereof, except for services rendered in [Rule 161 the seller’s or lender’s cost as is resorted connection with the sale, purchase, or to and pursued as a monopolistic practice § 88.17 Discrimination— (a) Prohib­ supplying of goods, wares, or merchan­ with the wrongful intent referred to and ited discriminatory prices, or rebates, re­ dise, either to the other party to such coupled with the effect of unreasonably funds, discounts, credits, etc., which transaction or to an agent, representa­ restraining trade, tending to create a effect unlawful price discrimination. It tive, or other intermediary therein where monopoly, or substantially lessening- is an unfair trade practice for any mem­ such intermediary is acting in fact for or competition. ber of the industry engaged in com-; in behalf, or is subject to the direct, or The costs referred to in this section are irierce,1 in the course of such commerce, indirect control, of any party to such actual costs of the respective seller or to grant or allow, secretly or openly, transaction other than the person by supplier and not some other figure or directly or indirectly, any rebate, refund, whom such compensation is so granted average costs in the industry determined discount, credit, dating of commence­ or paid. by an industry cost survey or otherwise. ment of service, or other form of price , (c) Inducing or receiving an illegal [Rule 10] differential, whether in the forip. of free discrimination in price. It is an unfair service or otherwise, where such rebate, trade practice for any member of the in­ §88.11 False guarantees. The making refund, discount, credit, dating of com­ dustry engaged in commerce,1 in the of any guarantee or purported guarantee mencement of service, or other form of course of such commerce, knowingly to respecting the efficacy, durability, or price differential, effects a discrimina­ induce or receive a discrimination in quality of an industry product or service tion in price between different purchasers price which is prohibited by the forego­ which has the capacity and tendency or or customers of goods of like grade and ing provisions of this section. effect of deceiving customers or prospec­ quality, where either or any of the trans­ (d) Purchases by or loans to schools, tive customers, or which is impossible for actions involved therein are in com­ colleges, universities, hospitals, and the guarantor to assure because of con­ merce,1 and where the effect thereof may charitable institutions not operated for tingencies over which he has no control, be substantially to lessen competition profit. The Robinson-Patman Antidis­ or which is not made in good faith, is an crimination Act and the application unfair trade practice. [Rule 11] or tend to create a monopoly in any line of commerce,1 or to injure, destroy, or thereunder of this section are subject to § 88.12 Substitution of products. The prevent competition with any person the limitations expressed in the amend­ practices of shipping or delivering prod­ who either grants or knowingly receives ment# to such Robinson-Patman Antidis­ ucts which do not conform to samples the benefit of such discrimination, or crimination Act, which amendment was submitted, to specifications upon which with customers of either of them: Pro­ approved May 26, 1938, and reads as the sale or loan is consummated, or to vided, however, (1) That the goods in­ follows: representations made prior to securing volved in any such transaction are sold Be it enacted by the Senate and House of the order or contract, without the con­ or supplied for use, consumption, or re­ Representatives of the United States of sent of the purchasers or borrowers to sale within any place under the juris­ America in Congress assembled, That noth­ such substitutions, and with the tendency diction of the United States; ing in the Act approved June 19, 1936 (Public, and capacity or effect of misleading or (2) That nothing herein contained Numbered 692, Seventy-fourth Congress, sec­ deceiving purchasers, borrowers, pros­ ond session), known as the Robinson-Patmafl shall prevent differentials which make Antidiscrimination Act, shall apply to pur­ pective purchasers or* borrowers, is an only due allowance for differences in chases of their supplies for their own use by -unfair trade pactice. [Rule 12] cost resulting from the differing methods schools, colleges, universities, public libraries, § 88.13 Coercing purchase of one or quantities in which such commodities ehurches, hospitals, and charitable institu­ product as a prerequisite to the purchase are to such purchasers sold, supplied, or tions not operated for profit. of other products. The practice of co­ delivered; (52 Stat. 446; United States Code, 1940 Edi­ ercing the purchase or loan of one or tion, Title 15, sec. 13c) ‘As here used, the word “commerce” means more products as a prerequisite to the [Rule 17] purchase or loan of one or more other “trade or commerce among the several States and with foreign nations, or between products, where the effect may be to sub­ § 88.18 Aiding or abetting use of un­ the District of Columbia or any territory of fair trade practices. It is. an unfair stantially lessen competition or tend to the United States and any State, territory, trade practice for any person, firm, or create a monopoly or to unreasonably or foreign nation*, or between any insular corporation to aid, abet, coerce, or induce restrain trade, is an unfair trade prac­ possessions or other places under the juris­ diction of the United States, or between any another, directly or indirectly, to use or tice. [Rule 13] ■such possession or place and any State or promote the use of any Unfair trade § 88.14 False or misleading price quo­ territory of the United States or the District practice specified in the regulations of tations. The publishing or circulating of Columbia or any foreign nation, or within this part. [Rule 18] the District of Columbia or any territory or by any member of the industry of false any insular possession or other place under Group ÏI. Compliance with trade or misleading price quotations, price lists, the jurisdiction of the United States.” practice provisions embraced in Group II FEDERAL REGISTER, F r id a y , D e c e m b e r 27, 1946 14681 rules is considered to be conducive to TITLE .17—COMMODITY AND time Commission and pursuant to the sound business methods and is to be en­ SECURITIES EXCHANGES authority vested in me by the provisions couraged and promoted individually or of section 501 of the Second W ar Powers through voluntary cooperation exercised Chapter II—Securities and Exchange Act, 1942 (50 U. S. C. App. Sup. 635), as in accordance with existing law, Non- Commission extended by the act of June 29, 1946 observance of such rules does not per se (Public Law 475,79th Congress), I hereby P art 259—Forms, P ublic U tility H old­ constitute violation of law. Where, how­ waive compliance with the provisions of ing Company A ct oe 1935 ever, the practice of not complying with section 8 of the act of June 19, 1886, as any such Group II rules is followed in FORM FOR APPLICATIONS AND DECLARATIONS amended (46 U. S. C. 289), to the extent necessary to permit the transportation of such manner as to result in unfair meth­ The Securities and Exchange Commis­ ods of competition, or unfair or deceptive passengers on Canadian vessels between sion, acting pursuant to the Public Utility acts or practices, corrective proceedings Skagway and other points in Alaska dur­ Holding Company Act of 1935, particu­ ing the'period between January 1, 1947, may be instituted by the Commission as larly section 20 Ca) thereof; deeming the and March 31, 1947, inclusive. I deem in the case of violation of Group I rules. following amendment of Form U - l 1 Rule A. Trial period. The industry that such action is necessary in the con­ (17 CFR, Cum. Supp., 259.101) appropri­ duct of the war. expresses its approval of the trade cus­ ate to carry out the provisions of that If the transportation of any passenger tom of granting such limited trial period act; and considering such amendment to on a Canadian vessel is not completed on as is necessary to acquaint new custom­ be procedural in nature and not to be or before midnight on March 31, 1947, ers with a product or present customers subject to the requirement of section the provisions of this order will not with a new type of product. However, 4 (a ), (b) and (c) of the Administrative relieve the vessel concerned from the the industry condemns the practice of Procedure Act; hereby amends section penalty prescribed by section 8 of the -act hampering a competitor in his relations 1 of Form U -l (17 CFR, Cum. Supp., of June 19,1886, as amended (46 U. S. C. with a customer by furnishing equipment 259.101) effective January 2,* 1947, to 289). to such customer free of charge for a include the following item: period of time in excess of that rea­ (Sec. 501, 56 Stat. 180; 50 U. S. C. App. 10. Statement pursuant to Rule III (e) sonably required for a fair trial thereof Sup. 635) under the subterfuge of granting a trial of the Commission’s rules of practice: period. (1) Specifying the procedures consid­ [ s e a l ] E. H. F o l e y , Jr., (The above Rule A is also subject to ered necessary or appropriate in respect Acting Secretary of Treasury. the limitation that the furnishing of any of the application or declaration with [F. R. Doc. 46-21935; Piled, Dec. 26, 1946; equipment shall not be accomplished in particular reference to (a) whether there 8.46 a. m.] such manner as to effect a discrimination should be a recommended decision by contrary to § 88.17.) hearing officer, (b) whether there should Rule B. Use, of competitor’s equip­ be a recommended decision by any other ment. In the competition attendant responsible officer of the Commission, TITLE 20—EMPLOYEES’ BENEFITS upon the exchanging, lending, selling, (c) whether the staff of the Public Utili­ and supplying of saw frames, blades, ties Division may assist in the prepara­ Chapter II—Railroad Retirement Board tion of the Commission’s decision, and meat-chopper plates, and knives, the P art 200— O rganization an d P rocedures said articles are frequently lost and (d) whether there should be a 30-day come into the hands of a competitor or waiting period between the issuance of MISCELLANEOUS AMENDMENTS competitors of the owner who fails not the Commission’s order and the date it 1. In § 200.3 Field organization the only to disclose the fact of his find, but is to become effective; or list of field offices of the Board is actually converts the said saw frames, (2) Except when it is desired that the amended by making changes in ad­ application or declaration be granted or blades, meat-chopper plates, and knives dresses as follows: to his own use. This practice is strongly permitted to become effective pursuant to Rule U-23 without a hearing being held, From : Arkansas, Little Rock, 511 Louisiana condemned by the industry. St., Kansas City. To: Arkansas, Little Rule C. Arbitration. The industry indicating that such specification will be made in the course of the hearing with Roek, Old Post Office Bldg., Room 110, approves the practice of handling' busi­ Kansas City. ness disputes between members of the respect to the application or declaration. From : Iowa, Des Moines (9), 207 Federal industry and their customers in a fair (Sec. 20a, 49 Stat. 833; 15 U. S. C. 79t) Office Bldg., Chicago. To: Iowa, Des and reasonable manner, coupled with a Moines (9), 5th and Court Sts., Room 207- spirit of moderation and good will, and By the Commission. 209, Chicago. _ From : Kentucky, Louisville (2), 413 W. Jef­ every effort should be made by the dis­ [ seal] Orval L. D uB ois, ferson St., Cleveland. To: Kentucky, Lou­ putants themselves to compose their Secretary. isville (2), Post Office Bldg., Room 625, differences. If unable to do so they D ecember 18, 1946. Cleveland. should, if possible, submit these disputes From : Michigan,. Detroit (26), Cass Bldg., to arbitration. [F. R. Doc. 46-21919; Piled, Dec. 26, 1946; 449 W. Fort St., Cleveland. To: Michigan, Rule I>. Maintenance of accurate 8:45 a. m.] Detroit (26), 139 Cadillac Square, Room cost accounting system. It is the judg­ 200, Cleveland. From : Missouri, St. Louis (1 ), Old Post Office ment of the industry that each member Bldg., Kansas City. To: Missouri, St. Louis should install an accurate and proper TITLE 19—CUSTOMS DUTIES (1), Old Post Office Bldg., Room 100, method of determining his cost. Kansas City. Rule E. Dissemination of credit in­ Chapter I—Bureau of Customs, From : New Mexico, Albuquerque, 313% W. Gold Ave., Denver. To: New Mexico, Albu­ formation. The industry records its Department of the Treasury approval of distributing to its members querque, 105 South 6th Street, Denver. information covering delinquent and [T. D. 51589] From : North Dakota, Fargo, 625, N. P. Ave., Minneapolis. To: North Dakota, Fargo, slow accounts insofar as this may be P art 4—V essels in F oreign and Domestic Northern Pacific Passenger Station, Minne­ lawfully done. T rade apolis. A Committee on Trade Practices is From : Pennsylvania, Philadelphia (3), 1617 WAIVER OF COASTWISE LAWS FOR CANADIAN Pennsylvania Blvd., New York. To: Penn­ hereby created to cooperate with the VESSELS BETWEEN SKAGWAY AND OTHER sylvania, Philadelphia (6), U. S. Customs Federal Trade Commission and to per­ POINTS IN ALASKA House, Room 1005, New York. form such acts as may be legal and From : South Carolina, Columbia, 1110 Taylor proper to put these rules into effect. D ecember 19,1946. St., Atlanta. To: South Carolina, Spartan­ Waiving compliance with the provi­ burg,, George Bobotes Bldg., 140% Dunbar Promulgated and issued by the Fed­ sions of section 8 of the act of June 19, St., Atlanta. eral Trade Commission December 27th, 1886, as amended. From : Tennessee, Knoxville (17), 327 W . 1946. Depot St., Atlanta. To: Tennessee, Knox­ Upon the written recommendation of ville (17), 715% Henley St., Atlanta. [ seal] O t is B. J o h n s o n , the Chairman of the United States Mari- From : Texas, Fort Worth (2), U. S. Court­ Secretary. house Bldg., Dallas. To: Texas, Fort [P. R. Doc. 46-21906; Filed, Dec. 26, 1946; 1 Piled with the Division of the Federal Worth (2), U. S. Courthouse Bldg., Rooms 8:46 a. m.] Register, 412-414, Dallas. 14682 FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946

From : Texas, Dallas (2), 424 U. S. Terminal, tion prior to January 1,1937 is reported. inclusion of claim for credit for military Annex Bldg. To: Texas, Dallas (2 ), 488 Requested by the Board when data is U. S. Terminal, Annex Bldg. service performed before 1937. From : Washington, Seattle (4), 816 1st Ave., required to supplement report furnished (11) Form AA-16, Application for Ben­ San Francisco. To: Washington, Seattle, on AA-2P or AA-2P-Opt. efits Under the Railroad Retirement Act 909 First Avenue, Rooms 404-400, San (5) Form AA-2P-BRS., Supplemental of 1937 \vith Respect to the Death of an Francisco. Section 7 of Form AA-2P (Board Re­ Employee. This form is to be used in From : Washington, Spokane (8), Union Sta­ quest.) This is a form requiring a state­ applying for benefits, other than survivor tion W „ 402 Trent Ave., San Francisco. ment of compensation by an employer insurance annuity benefits, with respect To: Washington, Spokane (1), W. 904 when employee’s compensation initially Riverside Ave., Room 428, San Francisco. to the death of an employee, where death reported by the employer for the period occurred before January 1,1947. 2. Section 200.7 is revised by designat­ January 1, 1924 to December 31, 1931 is (12) Form AA-17, Application for ing the introductory text as paragraph insufficient to permit a determination of Widow’s Insurance Annuity. This is the (a ) and designating the paragraphs con­ monthly compensation for service prior form of application for insurance annu­ cerning forms as numbered subpara­ to January 1, 1937. ity benefits by the widow of a deceased graphs, by amending subparagraphs (6) Form AA-2P Opt., Optional Sec­ employee; it may be considered as an (11), (41) and (48) (formerly (k ), (gg) tion 7 of Form AA-2P. This form pro­ application also for any insurance bene­ and (n n )), by revoking former para­ vides for statement of employee’s com­ fits payable under Title H of the Social graph (hh), and by adding subpara­ pensation during the period 1924 through Security Act as amended. graphs (12) to (16), (36) to (38), (43), 1931 to be used in lieu of section 7 of (13) Form AA -18, Application of ,(52), (74), (80), (82) and (83). Section Form AA-2P by employers whose pay Widow, and Widow on Behalf of Chil­ 800.7, as amended and recodified reads rolls were prepared on a weekly basis dren for Survivors Insurance Annuity. as follows: during the period covered by report. This is the form of application for insur­ (7) Form AA-2P-S, Supplemental Sec­ § 200.7 Description of forms and in­ ance annuity benefits by the widow on tion 7 of Form AA-2P. This form re­ structions. (a) Following are listed de- her own behalf and on behalf of the chil­ quires a statement of employee’s com­ criptions of forms and instructions as dren of a deceased employee; it may be pensation prior to January 1, 1937 to be o the scope and contents of papers, re­ considered as an application also for any initiated by an employer when the entire ports, or examinations used in the insurance benefits payable under Title'll Board’s functioning. They may be se­ service claimed by the employee is with of the Social Security Act as amended. the originating employer and less than cured upon application in person or by (14) Form AA-19, Application on Be­ mail at any of the Board’s offices. forty-eight months of service was per­ half of Child for Child’s Insurance Annu­ (1) Form AA-1, Application for annu­ formed during the period 1924-1931. ity. This is the form of application for Form is to be completed in accordance ity under the Railroad Retirement Act. insurance annuity benefits on behalf of a This form must be executed by each in­ with “Instructions to Employees and child; it may be considered as an applica­ dividual who wishes to file claim for an Manual of Operation for Collection of tion also for any insurance benefits pay­ annuity under the Railroad Retirement Prior Service Records.” able under Title II of the Social Security (8) Form AA-11, Designation or Act. Information to be included on the Act as amended. form consists of data required to Change of Beneficiary. This is a form (15) Form AA-20, Application of De­ identify the employee on the records of prescribed in accordance with § 235.2 of pendent Parent for Parents Insurance the Board and on the employer’s pay­ the Regulations of the Board (20 CFR Annuity. This is the form to be used in roll or other records; statements as to 235.2) on which an Individual who was applying for parents’, insurance annuity whether or not credit for military serv­ an employee after December 31,1936 may benefits; it may be considered as an ap­ ice and disability are claimed; present designate the person or persons whom plication also for any insurance benefits employment status; and the date on he wishes to receive any death benefits payable under Title II of the Social which the individual wishes to have the and any annuity payments due but not Security Act as amended. annuity begin. Form AA-1 must be paid at time of employee's death. The (16) Form AA-21, Application for Signed by the individual in accordance form is also to be used to change a desig­ Lump-Sum Death Payment. This is the With § 210.4 of the Regulations of the nation of beneficiary made on a Form form of application for lump-sum death Board (20 CFR 210.4). AA-11 previously filed with the Board. payments and may be considered as an (2) Form AA-2P, Record of Em­ It must be signed by the Individual and application also for any insurance bene­ ployee’s Prior Service. This is a form witnessed by two persons who are not fits payable under Title II of the Social requiring a statement of the employee’s designated on the form as beneficiaries. •Security Act as amended. service and compensation prior to Janu­ (9) Form AA-12, or AA-12a, Notice of (17) Form AC-1, Appeal From Initial ary 1, 1937 to be prepared by the em­ Death and Statement of Compensation. Decision of Bureau of Retirement Claims. ployer from his records for each indi­ This form is for notice of death of an em­ This is a form prescribed for filing of vidual who on August 29, 1935 was an ployee to be submitted by an employer as an appeal from an initial decision of employee. The employer is also re­ prescribed by § 250.2 of the Regulations the Bureau of Retirement Claims with quired to report on this form informa­ (20 CFR Cum. Supp. 250.2). Form A A - respect to a determination made by that tion concerning the employee’s date of 12 is to be used by employers who ren­ Bureau in connection with an application fcirth as shown on employer records and der reports of employers’ service and for annuity or death benefits in accord­ the employee’s status on August 29,1935. compensation required under § 250.3 of ance with § 260.2 of the Regulations of (3) Form AA-2 Sup., Supplemental the Regulations on a quarterly basis (20 the Board (20 CFR 260.2). (18) Form AC-2, Appeal From Decision Report of Employee Service. This is a CFR Cum. Supp. 250.3); Form AA-12a of the Appeals Council. This is the form form requiring a statement by an em­ Is for employers making such reports an­ ployer of the compensation earned dur­ prescribed for filing appeal from a deci­ nually. Each report must contain a sion of the Appeals Council with respect ing a period after December 31, 1936, by statement of the compensation earned an individual who has filed application to a determination made in connection by the deceased for the period designated for annuity for which an employer has with an application for annuity or death Hot previously furnished a report in ac­ In Part IV of the “Regulations and In­ benefits in accordance with §§ 260.3 and - cordance with § 250.3 or § 250.6 of the structions to Employers.” 260.4 of the Regulations (20 CFR Regulations of the Board (20 CFR (10) Form AA-15, Employee’s State­ 260.3-4; 20 CFR Cum. Supp. 260.3-4). 850.3, 250.6). Generally, the form is to ment of Compensated Service Rendered (19) Form AC-6, Appeal From Initial be prepared only upon request by the Prior to January 1, 1937 to Employers Determination as to Service and Com­ Board. Under the Railroad Retirement Act of pensation Prior to January 1,1937. This (4) Form AA-2P-BRO., Supplemental 1937. This form is for a statement to be form is prescribed for filing an appeal to the Appeals Council from the initial Data Concerning Occupation of Em­ submitted by employees who wish to decision of Bureau of Retirement Claims ployee During Base Period (Board Re­ claim credit for service performed before with respect to an individual’s record of quest). This is a form, to be completed 1937. In addition to information re­ service or compensation prior to January by an employer, requiring a statement quired to identify the employee on the 1,1937 as established, or failure to estab­ of an employee’s occupations during records of the Board and employers’ pay­ lish such record, in the absence of an each year of period for which compensa­ roll records, space is also provided for application for benefits under the Rail- FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946 14683 road Retirement Act based on such his survivor’s estate, when no executor may have paid to state unemployment service. or administrator has been or will be insurance funds. (20) Form AC-8, Appeal from Decision appointed, releasing any claim to benefits (39) Form G-60, Application for of the Appeals Council (Record of Prior payable under the Railroad Retirement Benefits Upon Death of Employee, Appli­ Service). This is the form for an indi­ Act because of the death of the employee. cant, or Annuitant. This form is to be vidual’s final appeal to the Board from (30) Form C-64, Affidavit to Accom­ executed by an individual who wishes to any decision of the Appeals Council pany LQ-4. This form is of an affidavit apply for death benefits payable under which was made in response to filing of by an employer as to the correctness of the 1935 Act. It contains information Form AC-6. information regarding individuals on the necessary to identify the deceased em­ (21) Form BA-8, Report of Compensa­ employer’s pension or gratuity roll. ployee on the records of the Board and tion of Employees for 3 Months Ended. (31) Form C-66, Authorization of Pay­ shows relationship, if any, of applicant This is to be used by employers in report­ ment and Release of All Claims to Death to deceased. This form is also used by ing the compensation paid to each em­ Benefits and Annuity Payments. This legal representative applying for death ployee in each month in a calendar quar­ form is for a statement to be executed benefits under 1937 Act in accordance ter as required to be submitted under in certain cases by an individual entitled with § 236.2 of the Regulations. § 250.3 of the Regulations of the Board to a share of death benefits payable under (40) Form G-70, Protest of Record of (20 CFR Cum. Supp. 250.3). the Railroad Retirement Act but who Service Months and Wages. This form (22) Form BA-3a, Annual Report of wishes to direct payments to another is to be used by an employee in protest­ Creditable Compensation. This is a individual or individuals. ing the Board’s record of his service form for reporting, hsr an employer, the (32) Form CER-1, Employee Regis­ months and wages, unless he is applying compensation paid fo each employee in tration. This form must be executed by for unemployment insurance benefits. each month of the year required to be each individual entering, for the first This form provides for showing the em­ submitted under § 250.3 of the Regula­ time, employment covered by the Rail­ ployee’s claim of the amount of wages he tions of the Board (20 CFR Cum. road Retirement and Railroad Unem­ earned in each month of the year or Supp. 250.3). It is tq be prepared by ployment Insurance Acts and is to be years, the name of the employer from employers authorized by the Board to forwarded to the Board either directly or which they were earned, and the place report on an annual basis. through the employer. The identifying of employment. (23) Form BA-4, Report of Compensa­ information included on this form is for (41) Form G-86, Certification in Sup­ tion Adjustments. This form is to be the purpose of enabling the Board to port of Employer Service for .Which No prepared and submitted each month by establish an individual account to which Records Are Available i This form is to employers who report compensation service and compensation under the Acts be used by an individual who claims to quarterly and is to be used for reporting may be credited. have personal knowledge of all or part any adjustment in compensation which (33) Form DC-1, Employer’s Quar­ of an applicant’s service which cannot has been made by the employer and terly Report of Contributions Under the be verified becaiJIe employer records are which would affect the amount of the Railroad Unemployment Insurance Act. missing. employee’s annuity or unemployment in­ This is a form prescribed by § 345.5 of (42) Form G-88, Certificate of Termi­ surance benefits. the Regulations of the Board to be filed nation of Service and Relinquishment (24) Form BA-4a, Report of Compen­ by employer under the Railroad Unem­ of Rights. This is for the certification sation Adjustments^ This form serves ployment Insurance Act (20 CFR Cum. by an applicant for annuity that he has the same purpose as Form BA-4 but is Supp. 345.5). ceased working for an employer and has prepared and submitted by employers (34) Form DC-2, Employee Repre­ relinquished all rights to return to serv-. authorized to report compensation on an sentatives Report of Compensation. ice of his last employer, whether or not annual basis. This form is used for reporting employee covered by the Railroad Retirement Act; (25) Form BA-5, Summary Report of representative service and compensation This certificate or a similar one must be Compensation of Employees. Employers and is to be filed annually by an indi­ executed and submitted to the Board be­ reporting compensation quarterly are vidual serving as an employee repre­ fore any annuity payments may be made also required to prepare and submit with sentative under the Railroad Retirement to the applicant. Form BA-3 a statement, on this Form Act. (43) Form G-88a, Employer’s Supple­ BA-5, a summary of all compensation (35) Form DC-2a, Employee Repre­ mental Report of Service and Compensa­ paid and any adjustments made during sentative’s Status Report. This form tion. This is a form appearing on the the quarter. provides for a statement to be made at reverse of Form G-88, Employee’s Cer­ (26) Form BA-5a, Summary Report of the request of the Board by an individual tificate of Termination of Service and Monthly Compensation Adjustments. claiming credit for service under the Relinquishment of Rights, and is to be This form serves the same purpose as Railroad Retirement Act as an employee completed by employers in respect to Form BA-5 and is prepared and sub­ representative to enable the Board to service rendered between the period mitted by employers reporting compen­ determine if the service is creditable covered by the employer’s last report of sation on an annual basis. under those Acts. service and compensation and the date (27) Form BA-12, Advice of Multiple (36) Form ERRS, Employment Rela­ of the employee’s termination of service. Account Numbers, Name and Birth Date tion Questionnaire. This is a form on (44) Form G-89, Authority for Change Corrections. This form is for a* notice which an employer, provides informa­ of Effective Dates. This is the form to to be submitted to the Board by an em­ tion concerning an applicant for’ an be used by applicant authorizing a ployer when it is found that an employee annuity who was not in compensated change in or clarifying his annuity be­ has more than one social, security ac­ service on August 29, 1935 and did not ginning date. Also if an applicant can­ count number, or that a correction perform six months of service after cels his application for annuity he is re­ should be made in an employee’s name August 29, 1935 and prior to January 1, quested to submit Form G-89 when he or birth date. 1946. wishes to reinstate his application. The (28) Form C-30, Authorization for (37) Form ERR-12, Employment Re­ form must be signed before and by two Disclosure of Information Relating to an lation Questionnaire. This is a form on witnesses. Applicant’s Physical Condition. Each which a claimant provides information (45) Form G-93, Statement and Re­ applicant for a disability annuity is for determining whether he had an em­ port of Health In Connection With Joint required to sign this statement which ployment relation within the meaning and Survivor Election. Each applicant authorizes an employer to furnish to the of the Railroad Retirement Act as for annuity who elects a joint and sur­ Board any information pertaining to the amended July 31, 1946. vivor option must furnish the Board a applicant’s physical condition that it (38) Form G-29, Application for Re­ statement of his health on Form G-93. may have in its files. fund of Employee Taxes Paid to State In addition to the applicant’s statement (29) Form C-63, Release of Claims Unemployment Insurance Funds Cov­ this form provides also for an examining When No Executor or Administrator Has ered by Public Law 599, 79th Congress. physician’s report of the applicant’s Been or Will Be Appointed. This is for This is a form on which a claimant pro­ physical condition. a statement of release to be executed by vides information to support a claim for (46) Form G-108, Request for Supple­ the creditor of a deceased employee’s or refund of employee taxes the claimant mental Service Information. This form 14684 FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946

is furnished an annuity applicant for his ceived the check or that it has been completed by the employer to indicate convenience in claiming service which received or found. whether the Individuals were hired and has been reported by the employer but (56) Form EL-1, Letter Referring Ap­ date they are to begin work or reason not previously claimed or to furnish ad­ plicant to. Employer for Job Interview. they were not hired and is to be returned ditional information for service previ­ This is the form given to an applicant to a designated Board office. ously claimed but not verified by the em­ for unemployment insurance benefits (65) Form ID -9 a, Employer’s Report ployer. Detailed information such as referring him to an employer for work of Compensation Not Previously Re­ exact name of carrier, exact pay-roll and which is to be completed to show ported. This form is to be used by an name, for each such period of service is whether or not instructions were com­ to be shown. employer to report compensation not plied with and, if so, the action taken previously reported to the Bureau of (47) Form G-124, Statement of Com­ with respect to the opening. Wage and Service Records. This infor­ mon-Law Marriage by Widow. This is (57) Form EL-2, Letter Referring mation is required in determining the a form to be-used in connection with an Claimant to United States Employment beriefit rights of an applicant for unem­ application for death benefits by a Service for Employment. This is the ployment insurance benefits whose base woman claiming to be the common-law notice mailed to a claimant to report wife of an employee. year wages were earned in the employ­ to United States Employment Service ment of the employer. (48) Form Q-124a, Statement Re­ for employment service, the reverse side garding Marriage'. This form is for a (66) Form. LQ-4, Report of Pensioner of which is to be completed to indicate by Employer. This requires a statement statement by disinterested persons re­ whether or not the claimant reported garding a claimed marriage. by the employer to prove an employee’s as notified and, if so, whether or not he eligibility for pension benefits. (49) Form G-164, Report of Physical accepted employment to which he was Examination. This form is to be used in (67) Form L Q -lo, Report of Payment referred. The completed form is to be for Time Lost. The form is for a state­ making a medical examiner’s report' of . returned to the Board office from which the physical examination of an appli­ ment of payments by the employer to the it was received. employee for time lost to aid in deter­ cant for a disability annuity. It is used (58) Form ES-1, Applicantion for Em­ also to report the continuance of the mining whether such payment may be ployment Service. This form is to be included in the employee’s compensation. disability of an annuitant previously used* by unemployed persons in apply­ awarded a disability annuity. (68) Form O E -la , Pay Roll Report. ing for placement by the employment The form is for quarter-annual pay roll (50) Form G—263, Employee’s Au­ service. reports by local lodges and divisions of thorisation for Employers to Exchange (59) Form ES-19b, Referral Card. Information Concerning His Monthly organizations of employees, broken down This referral card is given to an appli­ by months and showing deductions for Earnings in Employment Subject to Rail­ cant for employment service who is not road Retirement Acts. This form is for purposes of the Railroad Retirement Tax a claimant for unemployment insurance Act. an employee’s authorization for employ­ benefits. It tells the applicant to report ers to exchange information concerning (69) Form O E -lb, Pay Roll Report. to a designated hiring official for work. This form is similar to Form O E -la and his earnings when the combined monthly The notice is to be left with the hiring earnings exceed $300. is for completion by system, general and officer who is requested to complete the district organizations of employees and (51) Form G—327a, Request for Addi­ card to show whether or which the ap­ tional Information Concerning Deceased state and national legislative committees plicant was hired and to return it to a of such organizations. Employee. This form is used to secure designated Board office. Information when the original notice of , (70) Form O E -lc, Pay Roll Report. (60) Form ES-20b, Referral Card. This form is similar to Form O E -la ex­ the death of an employee does not con­ This is a referral card given to a claim­ tain sufficient information to identify cept that it is for monthly reports. ant for unemployment insurance bene­ (71) Form O E-ld, Pay Roll Report. the deceased individual on the* Board’s fits. It tells him to report to a desig­ records. This form is similar to Form O E -lb ex­ nated hiring official for work. The notice (52) Form G-468, Certificate of Re­ cept that it is for monthly reports.' is to be left with the hiring office which sponsibility of Minor Applicant. This is (72) Form OE-4, Employee’s State­ is requested to complete the card to show a form on which applicant for benefits ment of Labor Organization and Military whether or not the applicant was hired who is still a minor is to provide infor­ Service. This requires a report by the and to return it to a designated Board employee of his covered labor organiza­ mation to support a request that bene­ office. fits be paid without the appointment of tion and military service. (61) Form ES-21b, Referral Cardr— a guardian and requires in addition, a (73) OE-5, Service and Compensation Railroad Retirement Board to United statement by two adults that they are Report by Labor Organization. This re­ States Employment Service. This is a personally acquainted with the appli­ quires a report from covered labor or­ referral card given to an applicant for cant and that to the best of their knowl­ ganizations of the service and compensa­ unemployment insurance benefits in­ edge and belief the applicant’s state­ tion of its covered employees. structing him to report to the United ments are true and complete. (74) Form RL-9d, Reaffirmation of States Employment Service for employ­ (53) Form 469, Certificate of Guard- ■ Election of Survivor Annuity. This form ment service. The United States Em­ ian-in-Fact or Person in Loco Parentis. is a letter explaining to employees who ployment Service is requested to com­ Form to be used by a guardian-in-fact have elected before July 31, 1946, to re­ plete the card to show that the individual or a person in loco parentis oi a minor ceive survivor annuities rather than sin­ reported as instructed and to return it gle life annuities, but whose annuities with regard to an application of the to the Board office designated. minor for benefits and certifying that may not begin to accrue until after De­ (62) Form ES-107a, In Card. This the benefits received would be used solely cember 31,1946, that under the Railroad is a notice to an applicant for employ­ for necessities of the minor. Retirement Act as amended on July 31, ment service to appear in person at a (54) Form G-661, Appeal From De­ 1946, such employees must complete and designated Board office to discuss pos­ cision Concerning Creditability of Serv­ return attached reaffirmation form prior sibility of referral to a job. This notice ice. This form is prescribed for filing to January 1, 1948, if such election is to specifically states penalties for failure remain in force, and that failure so to an appeal from an Initial decision of the to comply with the Instructions thereon. make such reaffirmation will result in Bureau of Retirement Claims with re­ (63) Form ES-107b, Return Card. spect to a determination by that bureau leaving available to an employee only a This form is for a statement by an appli­ single life annuity. that service claimed in connection with cant for employment service as to why (75) Form RL-13e, Certification of an application for annuity is not credit­ he did not comply with instructions on Retirement. This provides for a certifi­ able because the employer is not covered ES-107a. It is to be completed and re­ cation required of a person receiving an by the Railroad Retirement Act. turned to designated Board office only if (55) Form G-662a, Confirmation of annuity on the basis of physical disability claimant does not report for interview. who reaches the age of 65 years, that he Non-Receipt of Annuity Check. This (64) Form ES-110, Referral List. is not in the service of any employer form is for an annuitant’s certification This is to list the individuals instructed under the Railroad Retirement Act or of that since reporting the loss or non­ to report to employer for an interview on the person or company by whom he was receipt of his check he has not yet re­ job opening. The reverse side is to be employed last before his annuity began FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946 14685 to accrue and that he has relinquished (86) Form UI-3a, Explanation of Ex­ Chapter Y III—Office of Housing all rights to return to the service of such ceptions to Certification for Day of Un­ Expediter employment. This form provides an op­ an employer or person or company. [Priorities Order 2, As Amended Dec. 23,1946] (76) Form RL-125, Notice of Prob­ portunity for a full explanation of the able Denial of Disability Claim and .of reasons any statement to which a claim­ P art 801— P r io r itie s O rders U nder V e t ­ Opportunity to Supply Additional Evi­ ant has certified on Form UI-3 is not or er ans’ E m e r g e n c y H o u s in g A ct of dence. This form is to be used to notify may not be true for any particular day 1946 a claimant that the evidence submitted or days for which registration has been DELEGATION OF AUTHORITY does not permit a favorable decision on a made. § 801.2 Delegation of authority— (a) claim for a disability annuity, and to (87) Form UI-3b, Certification of What this section provides. This sec­ notify him that he may submit further Statements on Form UI-3. This form tion delegates to specified agencies and evidence. accompanies Porm UI-3 and specifically officials authority to process applications (77) Form RP-4-37, Record of Em­ certifies for each day for which regis­ ployee Representative Service and Com­ tration was made as to the statements for priorities assistance under § 803.5 (Housing Expediter Priorities Regulation pensation. This form is to be-used by an required to be certified to for eligibility applicant establishing employee repre­ for unemployment insurance benefits. 5) and related issuances and for au­ thorization under Civilian Production sentative service and compensation. (88) Form UI-9, Applicant’s Statement Administration Veterans’ Housing Pro­ (78) Form RP-5-37, Record of Em­ of Employment and Wages. This is a gram Order 1 pursuant to provisions of ployee Representative Service and Com­ form to be used in claiming service and the Housing Permit Regulation for con­ pensation. This form is similar in pur­ compensation for unemployment bene­ struction permits and to make certain pose to RP-4-37, but is to be executed fits. investigations of alleged violations by the organization employer. (89) Form UI-84, Delayed Registra­ tion. This is a form upon which to make thereof and take certain compliance ac­ (79) Form RR-27, Claim for Credit a delayed registration for a day or days tion. It also delegates to a specified for Military Service. This form requires of unemployment. official authority to process applications a statement under oath as to military (90) Form UI-86, Appeal to Board for priorities assistance under § 803.6 of service claimed for credit under: the Rail­ From Initial Unemployment Insurance this chapter (Housing Expediter Priori­ road Retirement Act. Decision. This form provides for a ties Regulation 6). (80) Form RB-1, Instructions as to statement of the case on appeal to the (b) Processing applications and ap­ How to Submit Proof of Age. This form Board from a decision denying unem­ peals. (1) The Federal Housing Admin­ is a booklet describing what kinds of evi­ ployment benefits and giving notice of istration (through the Federal Housing dence of age are acceptable to the Board any additional evidence to be submitted. Commissioner or his designated repre­ in support of claims; in what cases (50 Stat. 314; 45 U. S. C. 228-j) sentative) is hereby authorized to ap­ photographic or transcribed copies of prove or deny, in accordance with Hous­ original documents may be submitted; By authority of the Board. ing Expediter Priorities Regulation 5 and and the form of letter of a labor union Dated: December 20, 1946. the Housing Permit Regulation, appli­ or fraternal organization stating what cations, changes in applications, and such records indicate as to the appli­ [ se al] M a r y B. L i n k in s , appeals which those regulations author­ cant’s age. Secretary of the Board. ize to be filed with appropriate State and (81) Form S-76, Authorization to Fur­ [F. R. Doc. 46-21913; Filed, Dec. 26, 1946; District Offices of the Federal Housing nish Information. This form is to be 8:45 a. m.] Administration.. completed in authorizing the Board to (2) The Federal Public Housing Au­ furnish informatiqjti from its records. thority (through the Federal Public (82) Form SF-1099. This form is a Housing Commissioner or his designated signature card to be executed by an ap­ TITLE 24—HOUSING CREDIT representatives) is hereby authorized to plicant for purposes of signature com­ Chapter VII—National Housing Agency approve or deny, in accordance with parison. Housing Expediter Priorities Regulation (83) Form T-41, Letter of Instruc­ P art 751— O rganization D e s c r ip t io n , *5 and the Housing Permit Regulation, tions as to Filing Form AA-17 (Applica­ I n c l u d in g D e le g a t io n s o f F in a l applications, changes in applications, tion for Widow’s Insurance Annuity). A u t h o r it y and appeals which those regulations au­ This letter contains instructions to the thorize to be filêd with appropriate re­ effect that Form AA-17 when submitted designation o f a c t in g n a t io n a l h o u s in g ADMINISTRATOR gional offices of the Federal Public Hous­ should be accompanied by a certified ing Authority. copy of the public or church record of 1. Section 751.1a is hereby amended by (3) The Department of Agriculture the marriage, or in the alternative, either substituting the following in lieu thereof: (through the Director of the Materials the original marriage certificate or the § 751.1a Designation of Acting Na­ and Equipment Branch, Production and affidavits of two persons having personal tional Housing Administrator. Pursuant Marketing Administration, or his des­ knowledge of the marriage; and if the ignated representatives) is hereby au­ marriage record does not indicate that to section 12 of Executive-Order 9070,1 approved by the President on February thorized to approve or deny in accord­ the applicant widow will be at least ance with Housing Expediter Priorities sixty-five years of age on January 1,1947, 24, 1942, I hereby designate William K. Divers to act in my place and stead dur­ Regulation 5, changes in applications, the applicant is instructed to furnish and appeals which that regulation au­ evidence of her age of a kind listed in ing my absence from December 24 through December 27, 1946, with the thorizes to be filed with appropriate Form RB-1. The applicant is also re­ County Agricultural Conservation Com­ quested to execute a signature card, title of “Acting National Housing Ad­ ministrator” with all the powers, duties, mittees. (Form SF-1099) in ink or indelible pencil (4) The Director or Acting Director of in her normal signature handwriting. and rights conferred upon me by said Executive order, any other Executive the Technical Office of the Office of the (84) Form UI-1, Application for order, the Lanham Act (Public Law 849, Administrator of the National Housing Certificate of Benefit Rights. This is a 76th Congress), or any other act of Con­ Agency is hereby authorized to approve form for applying for a Certificate of gress, and all such powers, duties, and or deny, in accordance with Housing Ex­ Benefit Rights and provides for informa­ rights are hereby delegated to such officer pediter Priorities Regulation 5 and the tion in connection with employment for such period. (E. O. 9070, Feb. 24, Housing Permit Regulation, applications, service. 1942, 7 F. R. 1529) changes in applications, and appeals (85) Form ZJI-3, Registration for which those regulations authorize to be Claim for Unemployment Insurance Issued this 23d day of December 1946. x filed with the Technical Office. Benefits. This is a form for registering R a y m o n d M . F o l e y , (5) The Director or Acting Director for days of unemployment and claiming National Housing Administrator. of the Préfabrication Production Branch of the Office of Industrialized Housing unemployment insurance benefits, for [F. R. Doc. 46-21946; Filed, Dec. 26, 1946} providing notice to the claimant of re­ 8:46 a. m.] of the Office of the Administrator of the quirements upon him, and for statement National Housing Agency is hereby au­ to be certified to by the claimant# » 7 F. R. 1529. thorized to approve or deny, in accord- No. 251------4 14686 FEDERAL REGISTER, Friday, December 27, 1946

ance with Housing Expediter Priorities (Title m , 56 Stat. 177, Pub. Law 388, (3) A consolidated claim for payment, Regulation 6, changes in applications, 79th Cong., 60 Stat. 207; 50 U. S. C. App. covering the entire period in which this and appeals which that regulation au-, Sup. 633) section was in effect, shall be filed on thorizes to be filed with the National Issued this 23d day of December 1946. form OHE 2-4 with the RFC Loan Housing Agency, except applications un­ Agency, Pittock Block, Portland 5, der paragraph (u) of Housing Expediter [ seal] F rank R. Creedon, Oregon, within 60 days after the end of Priorities Regulation 6. Housing Expediter. the month in which this section termi­ (6) The Federal Housing Administra­ [F. R. Doc. 46-21936; Filed, Dec. 26, 1946; nates. In preparing this form, follow tion, the Federal Public Housing Au­ 8:45 a. m.] ■'''the revised instructions therefor, which thority, and the Department of Agricul­ may be obtained from the RFC Loan ture shall furnish the Housing Expediter Agency. with copies of approved applications and [Housing Expediter Premium Payments Reg. (4) In addition to this paragraph, only with such reports and other information 2, as Amended Aug. 30, 1946, Arndt. 1] the following provisions of this section as may be requested. All general in­ shall apply to veneer mills; paragraphs P art 805— P remium Payments R egula­ structions and operating procedures to be (a), (f) U), (f) (5), (g) (1), (g) (2), tions U nder V eterans’ Emergency issued under the delegations in the para­ (g) (3), (g) (5), (h), (i), (k) and (1). graph shall be submitted to the Hous­ H ousing A ct of 1946 2. This amendment shall become ef­ ing Expediter for prior approval. softwood plywood (c) Investigation and enforcement. fective as of November 1,1946. Section 805.2 (Housing Expediter The Office of Price Administration (Office Issued this 26th day of December 1946. of Temporary Controls) through the Premium Payments Regulation No. 2) is Price Administrator or his designated amended in the following respects: F rank R. Creedon, Housing Expediter. representatives is hereby authorized to 1 Paragraph (J) is amended to read conduct such investigations as may be as follows: [F. -R. Doc: 46-21983; Filed, Dec. 26, 1946; necessary'to ascertain violations of Pri­ 11:01 a. m.] orities Regulation 33 (32 CFR 944.54) (j) Special provisions for veneer mills. and Housing Expediter Priorities Regula­ (1) Any veneer mill which is neither tion 5 with respect to sales price, rent, owned by a plywood company nor is under contract to supply all of its output cost, construction, preferences for vet­ TITLE 25—INDIANS erans, occupancy or disposition of dwell­ to a plywood company (or companies) ings, applications and the posting of may obtain premium payments under Chapter I—Office of Indian Affairs, this section if it complies with all of the placards; and where such violations are Department of the Interior found: following conditions: Subchapter L— Irrigation Projects; Operation and (1) To Institute such civil proceedings, (1) It files an application on a pre­ Maintenance in the name of the Price Administrator, scribed form with the Expediter, c/o CPA, Portland, Oregon, and receives au­ as may be appropriate with respect to Part 130— Operation and M aintenance thorization to pay its log suppliers a such violations, and to intervene in any Charges civil proceedings in which such violations premium for peeler logs, which author­ are involved. ization may cover payments on or after UINTAH INDIAN IRRIGATION PROJECT, UTAH June 1, 1946. (2) To revoke, 'deny or suspend au­ Cross Reference: For notice of pro­ (ii) It delivers part of its peeler logs, thorization and priorities assistance un­ posed rule making under this part, see either in the form of veneer or as peeler der Priorities Regulation 33 and Housing F. R. Doc. 46-21914, Department of the logs, to a plywood company (or com­ Expediter Priorities Regulation 5 where Interior, Office of Indian Affairs, in No­ panies) for which a quota has been ap­ the Price Administrator or his designated proved under paragraph (c ). Such de­ tices section, infra. representatives determine, after appro­ livery of veneer or peeler logs must be priate administrative hearings', that such made during the period for which the violations result or threaten to result i#i claim for payment is filed. the use of materials or facilities in a man­ (iii) Pursuant to authorization by the TITLE 27—INTOXICATING LIQUORS ner inconsistent with the purposes of Expediter, it pays its log suppliers for the Veterans’ Emergency Housing Act of Chapter I—Bureau of Internal Revenue, 1946. peeler logs a premium of $7.50 per thqu- sand feet logscale. Department of the Treasury (3) To certify the facts of such viola­ (iv) Its current purchases of logs are tions to the Attorney General, whenever Part 4—L abeling and Advertising of in line with its purchases of logs during the Price Administrator, or his desig­ W ines the corresponding months of 1945. nated representatives, believe that any (2) The amount of premium payable Cross R eference: For notice of pro­ person is liable to punishment under the to a veneer mill shall be $7.50 per thou­ posed rule making under this part see criminal laws of the United States or the sand feet logscale for all peeler logs de­ F. R. 46-21942, Treasury Department, provisions of the Veterans’ Emergency livered to it with respect to which it has Bureau of Internal Revenue, in Notices Housing Act of 1946. during the period of its authorization section, infra. (4) To take such other action, or from the Expediter paid a premium of otherwise dispose of such violation as $7.50 per thousand feet logscale, Pro­ may be appropriate. vided, That: For the purpose of investigating and (i) If, during the period for which a Part 5—L abeling and A dvertising of disposing of such violations, the Office claim for payment is filed, the propor­ D istilled Spirits of Price Administration (Office of Tem­ tion of peeler log purchases to total log purchases exceeds that obtaining during Cross R eference: For notice of pro­ porary Controls) through the Price Ad­ posed rule making under this part, see ministrator or his designated represent­ the first quarter of 1946, a veneer mill may be paid only on that amount of F. R. Doc. 46-21940, Treasury Depart­ atives may exercise, to the extent nec­ its peeler log purchases which, in rela- -> ment, Bureau of Internal Revenue, in essary, the functions, powers, authority tion to total log purchases, does not ex­ Notices section, infra. or discretion conferred upon the Housing ceed the first quarter of 1946 ratio of Expediter by the Veterans’ Emergency peeler log purchases to total log pur­ Housing Act of 1946 and Directive 42 of chases. Part 6—Inducements F urnished to the Civilian Production Administration. (ii) No premium shall be payable with R etailers (60 Stat. 207; 56 Stat. 177, as amended; respect to peeler logs which were de­ livered to a plywood company. C ross R e f e r e n c e : For notice of pro­ E. O. 9638, 10 F. R. 12591; CPA Direc­ posed rule making under this part, see tive 42, 11 F. R. 9514) (iii) No premium shall be payable with respect to peeler logs on which payment F. R. Doc. 46-21941; Department of the This section as amended shall become was previously made pursuant to a Treasury, Bureau of Internal Revenue, in effective December 24, 1946» monthly claim. Notices section, infra, FEDERAL REGISTER, F r id a y , D e c e m b e r 27, 1946 14687

modified as hereinafter provided. Such TITLE 31—MONEY AND FINANCE: Chapter II—Fiscal Service, Department of the Treasury amounts of foreign currency as may be TREASURY determined by the Secretary of State as Chapter I—Monetary Offices, Department P art 280— R e g u l a t io n s for t h e A d m in ­ necessary for the making of refunds to purchasers, payments for breaches of of the Treasury is t r a t io n o f F o r eig n C u r r e n c ie s and C redits U nder D ispositions o f S u r ­ warranty, and other related payments P art 131— G eneral L ic e n s e s U nder E x ­ p l u s P r o per ty A broad and L e n d -L ease authorized under the provisions of sec­ ecutive O rder N o . 8389, A p r il 10,1940, S e t t le m e n ts tion 30 of the Surplus Property Act of 1944 (58 Stat. 781 ; 50 U. S. C. App. 1639), as A m ended, and R e g u lat io n s I ssued Sec. P u r su a nt T hereto as amended, shall be deposited for such 280.1 Authority. purposes by an accountable officer in a fo r eig n f u n d s control 280.2 Scope of this part. 280.3 Receipt, custody, and disposition. separate official account (other than in Amendment to General License No. 25 280.4 Collection of accelerated payments. the name of the Treasurer of the United under Executive Order No. 8389, as 280.5 Objects of withdrawals. States of America) with a designated amended, Executive Order No. 9193, as 280.6 Exchange rates. foreign depositary bank. amended, section 5 (b) of the Trading, 280.7 Waiver, withdrawal, or amendment. (b) Data to be shown on certificate of with the Enemy Act, as amended by the Auth o r ity:' §§ 280.1 to 280.7, inclusive, is­ deposit: ( Treasury Department Form 1 First War Powers Act, 1941, relating to sued under 55 Stat. 31, as amended, sec. Rev.). The certificate of deposit shall Foreign Funds Control. 32 (b) (2), 58 Stat. 782, as amended by Pub. be prepared, in the same manner as for Section 131.25 General License No. 25 Law 584, 79 Cong.; 22 U. S. C. Sup. 412, 50 the deposit of United States dollars, for is hereby amended to read as follows: U. S. C. App. Sup. 1641. credit in the foreign currency account of the Treasurer of the United States of § 131.25 General License No. 25. A § 280.1 Authority. By virtue of the America, except that the amount de­ general license is hereby granted exempt­ authority vested in the Secretary of the posited for acknowledgment by the de­ ing all transactions from the provisions Treasury under section 32 (b) (2) of positary bank shall be stated exclusively of section 2A (1) of the order. (Sec. 5 the Surplus Property Act of 1944 (58 Stat. 782; 50 U. S. C. App. 1641) , as amended in the terms of the foreign currency (b), 40 Stat. 415, 966, sec. 2, 48 Stat.,1, deposited. For purposes of accounting, 54 Stat. 179, sec. 301, 55 Stat. 839; 12 (Pub. Law 584, 79th Cong.), the following the certificate of deposit shall show: U. S..C. 95a, 50 U. S. C. App. Sup., 5 ( b ) ; regulation is hereby prescribed for the (1) The symbol and title of the mis­ E. O. 8389, April 10, 1940, as amended administration of foreign currencies or cellaneous receipt account or other ap-_ by E. O. 8785, June 14, 1941, E. O. 8832, credits acquired by the Department of plicable fund or account in the Treasury July 26,1941, E. O. 8963, Dec. 9,1941, and State from the disposal of United States which is to receive credit for whatever E. O. 8998, Dec. 26, 1941, E. O. 9193, July Government surplus property located United States dollar proceeds may be 6,1942, as amended by E. O. 9567, June 8, outside the continental United States, ; realized from the foreign currency de­ 1945; 3 CFR, Cum. Supp., 10 F. R, 6917; Hawaii, Alaska (including the Aleutian posited; Regulations, April 10, 1940, as amended Islands)., Puerto Rico, and the Virgin (2) The amount of foreign currency June 14, 1941, February 19, 1946, and Islands, and, under Executive Order No. deposited; June 28, 1946; 31 CFR, Cum. Supp., 9726 (May 18, 1946, 11 F. R. 5437), this regulation is also prescribed for the ac­ (3) The rate of exchange at which the 130.1-7, 11 F. R. 1769, 7184) countability for funds payable under foreign currency was carried in the [ seal] ' J o seph J. O ’C o n n e l l , Jr.,. lend-lease settlements in accordance accountable officer’s account; and Acting Secretary of the Treasury. with the act of March 11, 1941 (55 Stat. (4) The. United States dollar equiva­ 31; 22 U. S. C. 412), as amended. lent at such rate. [F. R. Doc. 46-21853; Filed, Dec. 26, 1946; (c) Distribution of certificate of de­ 8:54 a. m.] § 280.2 Scope of this part. This part posit: ( Treasury Department Form 1 applies to the administration of the obli­ Rev.). The depositary bank shall date gation^ owing to the Government of the and sign the original and two copies of United States under agreements for the the certificate of deposit and dispose of P art 131— G eneral L ic en se s U nder E x ­ sale of surplus property located abroad the same in the following manner: ecutive O rder N o . 8389, A p r il 10,1940, and Lend-lease settlements (hereinafter (1) Original. Attach to the original as A m end ed , and R e g u lat io n s I ssued referred to as “agreements and settle­ of the “Transcript of Account of United P u r su a nt T hereto ments”), insofar as they are expressed States Depositary (Foreign)” on Treas­ in United States dollars or in foreign cur­ FOREIGN FUNDS CONTROL ury Department Form GA-284, for trans­ rencies, and the foreign currencies which mittal to the Treasurer of the United Revocation of General License No. 31 the Government of the United States States of America. under Executive Order No. 8389, as has acquired or may acquire from the (2) Duplicate. Deliver to the officer amended, Executive Order No. 9193, as disposal of surplus property located making the deposit for forwarding to abroad or from Lend-lease settlements. amended, section 5 (b) of the Trading the administrative bureau or office con­ This part does not apply insofar as such with the Enemy Act, as amended by the cerned. First W ar Powers Act, 1941, relating to agreements or settlements relate to the (3) Triplicate. Deliver to the officer Foreign Funds Control. acceptance of property (other than for­ making the deposit for his records. Section 131.31 General License No. eign currency) or substantial benefits, or The depositary bank may retain the to the discharge of claims whenever the 31 is hereby revoked^ quadruplicate for its records. Secretary of State has determined that (d) Procedure for depositary bank. (Sec. 5 (b), 40 Stat* 415, 966; sec. 2, 48 such considerations are in the interest The depositary bank shall (1) credit the Stat. 1; 54 Stat. 179; sec. 301,55 Stat. 839; of the United States. foreign currency account of the Treas­ 12 U. S. C. 95a, 50 U. S. C. App. Sup., 5 § 280.3 Receipt, custody and disposi­ urer of the United States of America (b ); E. 0 . 8389, April 10,1940, as amended tion— (a) Deposit in foreign currency 'with the amount of the foreign currency by E. O. 8785, June 14, 1941, E. O. 8832, account of U. S. Treasurer. Alf foreign deposited, and (2) charge this account July 26, 1941, E. O. 8963, Dec. 9, 1941, currencies covered by § 280.2 shall be de­ with the amount of the foreign currency and E. O. 8998, Dec. 26, 1941, E. O. posited with an accountable officer of the withdrawn. Payments from this ac­ 9193, July 6, 1942, as amended by E. O. Government of the United States. Ex­ count shall be made only in accordance 9567, June 8, 1945; 3 CFR, Cum. Supp., cept as otherwise provided in this para­ with instructions given by the Secretary 10 F. R. 6917; Regulations, April 10,1940, graph, the foreign currency shall be of the Treasury transmitted to the de­ as amended June 14, 1941, February 19, deposited by the accountable officer in positary bank through appropriate fa­ 1946, and June 28, 1946; 31 CFR, Cum. the foreign depositary bank designated cilities. A transcript of the account of by the Secretary of the Treasury for the United States depositary on Treas­ Supp., 130.1-7, 11 F. R. 1769, 7184) credit in the foreign currency account of ury Department Form GA-284 shall be [ seal] J o se ph J. O ’C o n n e l l , Jr., the Treasurer of the United States of rendered for each day on which there Acting Secretary of the Treasury. America. The officer making the deposit are transactions and for the last busi­ [F. R. Doc. 46-21872; Filed, Dec. 26, 1946; shall use a certificate of deposit on ness day of each month. Each tran­ 8:53 a. m.] Treasury ,Department Form 1 (Rev.), script shall show the opening balance, 14688 FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946

the receipts according to certificates of thorized governmental functions or ac­ exchange applicable under the agree­ deposits, the items of payments, and the tivities of the United States. The acqui­ ment or settlement. In disposing of for­ remaining balance. The bank shall at­ sition of foreign currencies as accelerated eign currencies to Departments and tach the original of each certificate of payments should therefore not be greater Agencies of the Government of the deposit to the original of the transcript at any one time than the amounts re­ United States under provisions of and deliver them to the appropriate quired for governmental purposes over a §§ 280.4 (c) and 280.5 (a ), the amount American diplomatic or consular estab­ period ordinarily not to exceed three of payment shall be calculated at the lishment with a request that the docu­ months, except where the Secretary of rate of exchange that would otherwise ments be forwarded to the Treasurer of the Treasury, upon the advice of the Di­ be available to the Government of the the United States of America. Where rector of the Bureau of the Budget, shall United States for the acquisition of the the facilities of an American diplomatic provide otherwise. All such currencies foreign currency for its official disburse­ or consular establishment are not avail­ shall be deposited in accordance with the ments at that time and not necessarily able, the depositary bank, unless other­ provisions of § 280.3 (a ). at the rate of exchange applicable under wise instructed, shall advise the Secre­ (b) In cases where the Secretary of the the terms of the agreement or settle­ tary of the Treasury by cable of the Treasury informs the Secretary of State ment. If the Secretary of the Treasury, total amount of foreign currency de­ that the Government of the United States ’however, in consultation with the Sec­ posited, as evidenced by the transcript has substantial holdings of a particular retary of State, shall find that the rate and supporting certificates of deposits. foreign currency, no accelerated pay­ The transcript, with the supporting cer­ of exchange applicable under the agree­ ments in such currencies shall be re­ tificates of deposits, shall be forwarded m ent or settlement constitutes in ef­ quested until such holdings shall have to: “The Treasurer of the United fect a new rate of exchange insofar as been nsed or committed, at the rate of States, Division of General Accounts, the official disbursements of the Gov­ ¡Washington 25, D. C.” exchange applicable under the provisions ernment of the United States are con­ of § 280.6, unless the Secretary of State (e) Procedure for American diplo­ cerned, then that same rate of exchange files a certification under the provisions matic or consular establishment. Upon shall be used in computing the amount of § 280.3 (f). receipt of the transcript of the Account to be paid by the Departments and Agen­ (c) In cases where the Secretary of the of United States depositary and the sup­ cies for such foreign currencies: Pro­ Treasury informs the Secretary of State vided, That no more favorable rate is porting signed and dated originals of the that any Department or Agency of the certificates of deposits from the deposi­ otherwise lawfully available for the dis­ tary bank, the American diplomatic or Government of the United States has bursements of any Department or need for a particular foreign currency Agency. consular establishment, unless otherwise requested, shall advise the Secretary of and can make United States dollar pay­ § 280.7 Waiver, withrawal, or amend­ ments therefor, he may advise the Secre­ the Treasury by cable of the total ment. The Secretary of the Treasury tary of State to request the foreign gov­ amount of foreign currency deposited, as may waive, withdraw, or amend at any shown by the transcript and supporting ernment concerned to make accelerated time or from time to time any or all of certificates of deposits. The transcript, payments in its local currency in the the provisions of the regulations in this With the supporting certificates of de­ amounts necessary and up to the extent part. posits, shall be enclosed in a separate authorized under the terms of the agree­ [ s e a l ] J o h n W. S n y d e r , envelope addressed to: “The Treasurer ment or settlement, and within the Secretary of the Treasury. pf the United States,'Division of General framework of the foreign financial policy Accounts, Washington 25, D. C.” and of the United States. [F. R. Doc. 46-21950; Filed, Dec. 26, 1946; forwarded by diplomatic pouch. I 280.5 Objects of withdawals. For­ 8:46 a. m.] (f) Withdrawals of foreign currencies. eign currencies may be withdrawn under Foreign currencies shall be withdrawn the provisions of § 280.3 (f), subject to from the foreign currency accounts in the terms of the agreement or settlement the name of the Treasurer of the United with the foreign government relating to TITLE 32—NATIONAL DEFENSE states of America only in accordance the use of such currencies, only for the Chapter VIII—Office of International with instructions of the Secretary of the following purposes: Trade, Department of Commerce Treasury as provided in paragraph (d) (a) Official disbursements by a Depart­ of this section. Withdrawals of foreign ment or Agency of the Government of Subchapter B— Export Control currencies under the provisions of § 280.5 the United States in foreign currencies [Amendment 282] (b ) will be effected by the Secretary of upon payment in United States dollars, the Treasury in accordance with requi­ in accordance with the exchange rate P a r t 801— G e n e r a l R e g u l a t io n s sitions by^ the Secretary of State. Each provisions of § 280.6, and the net United PROHIBITED EXPORTATIONS ¡requisition shall bear a certification by States dollar amounts of such payments the Secretary of State that, having due shall be credited to miscellaneous re­ Section 801.2 Prohibited exportations regard to the convertibility of the speci­ ceipts of the Treasury; Is amended as follows: fied amount of foreign currency into (b) Disbursements in foreign cur­ The list of commodities set forth in United States dollars and to other rele­ rencies acquired by the Department of paragraph (b) is amended in the fol­ vant factors, the foreign currency is State under surplus property sales agree­ lowing particulars: available for the purposes authorized ments for the purposes authorized under 1. The following commodities are tinder the provisions of section 32 (b) the provisions of section 32 (b) (1) of the hereby added to the list of commodities : ¡<2) of the Surplus Property Act of 1944, Surplus Property Act of 1944, as amended as amended (Pub. Law 584, 79th Cong.). (Pub. Law 584, 79th Cong.), upon the GLV The amounts of withdrawals in accord- certification of the Secretary of State as dollar pnce with such requisitions shall be paid provided in § 280.3 (f); and Dept. value $o an accountable officer designated by OI limits (c) Official disbursements in foreign Comm. Commodity Unjt country the Secretary of State, and thé subse­ currencies by a Department or Agency of Sched. group quent accounting for such currency shall the Government of the United States B No. be by the Department of State. where such Department or Agency has K E I 280.4 Collection of accelerated pay­ specific authorization from the Congress ments. (ai) Where the agreement or set­ to use the foreign currencies covered by 009900 Other edible animal products: the regulation of this part without reim­ Blood flour______L b ... 100 25 tlement provides that, in lieu of deferred Other inedible animals and payments in United States dollars over a bursement or payment in United States animal products: dollars. 099998 100 25 period of time, the Government of the 099998 100 25 United States may request accelerated § 280.6 Exchange rates. Where for­ Miscellaneous vegetable products, inedible: payments in foreign currencies, such eign currencies are received by the Gov­ 299998 Soybean flour...... Lb— 100 25 payments shall be requested only at such ernment of the United States under an 299998 Soybean meal and cake___ Lb— 100 25. 299998 Cottonseed flour...... Lb— 100 25 times and to the extent necessary in or­ agreement or settlement, the credit 299998 Cottonseed meal and cake. Lb— 100 25 der to procure the foreign currencies re­ 299998 P ea n u t flour______Lb— 100 25 against the United States dollar obliga­ 299998 L b . . . 100 25 quired for the lawful discharge of au­ Peanut meal and cak e..,.. tion shall be calculated at the rate of r- '* ■ ' - FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946 14689

2. The following commodities ar* (Sec. 6, 54 Stat. 714; 55 Stat. 206; 56 Stafr. Chief Compliance Commissioner on October 21, 1946. The appeal has been hereby deleted from the list qf com» 4631 58 Stat. 671; 59 Stat. 270; 60 Stat. considered by Deputy Chief Compliance modities: 215; 50 U. S. C. App. Sup. 701, 702; E. O. 9630, September 27, 1945,10 P. R. 12245) Commissioner Curtis Bok who has dis­ Dept, of missed the appeal, directed that the stay Comm. Dated: December 20,1946. be terminated, and the order reinstated Sched. r a n c is c n t y r e and amended. In view of the foregoing: B no. Commodity F M I , Meat products: Deputy Director for Export Control, It is hereby ordered, That: 003909 Ration K, only. Commodities Branch. § 1010.983, Suspension Order No. S-983, Dairy products: [F. R. Doc. 46-21910: Filed, Dec. 26, 1946; issued October 10, 1946 be and hereby is Milk and cream: 8:51 a. m.] 006300 Dried whole milk (include par­ reinstated effective January 1, 1947, to tially skmmed). expire January 1,1948; the stay of execu­ 006400 Dried skim milk. tion directed by the Chief Compliance Fish and fish products: < [Amendment 281] Commissioner on October 21,1946, be and Fish, canned: hereby is revoked as of January 1, 1947; 008601 Cod, haddock, hake, pollock and P art 801— G ener al R e g u lat io n s and the suspension order be and hereby cusk. is amended by substituting the follow­ Other edible animal products: PROHIBITED EXPORTATIONS ing paragraph (a) for the present para­ 009400 .. Bouillon cubes, only. Section 801.2 Prohibited exportations Fodders and feeds: graph (a): Oil cake and oil-cake meal: is amended as follows: (a) During each of the four quarters 112909 Castor-bean oil cake and oil cake The list of commodities set forth in of the year 1947, Bernard Sweet, Herman meal. paragraph (b) is amended by deleting J. Jaffe and Frank Butler shall reduce 112909 Cocoa press cake. therefrom the following commodities: their use of lead in the manufacture of Vegetable oils and fats, edible: Dept, of storage batteries by 30,000 pounds per 144200 Cocoa butter. Comm. quarter less than they would otherwise Table beverage materials: Sched. 150100 Cocoa beans. be entitled to under the provisions of B No. Commodity General Preference Order M-38; pro­ SpiCes: Medicinal and pharmaceutical prep­ 154907 Nutmegs, unground. arations : vided, however, that should General 154998 Mace. 813575 Penicillin and penicillin products. Preference Order M-38 be so amended 154998 Nutmegs, ground. that the said respondents’ quota in any Sugar related products: This amendment shall become effective quarter would be greater than seventy 164200 Honey. January 1, 1947. tons of lead before reducing it by 30,000 164700 Maple syrup only. (Sec. 6, 54 Stat. 714; 55 Stat. 206; 56 Stat. pounds, their said quota shall be cal­ 3. A qualifying footnote reference 463; 58 Stat. 671; 59 Stat. 270; 60 Stat. culated at 11/14 of such increased quota meaning “Requires individual license 215; 50 U. S. C. App. Sup. 701, 702; E. O. until a total of 120,000 pounds of lead for export to all areas except the Philip­ 9630, September 27, 1945, 10 P. R. 12245) shall have been paid back. pine Islands and all countries in North Issued this 20th day of December 1946. America and South America as listed in Dated: December 18, 1946. Schedule C of the Bureau of the Census, F rancis M cI n t y r e , C iv il ia n P r o d u c t io n U. S. Department of Commerce” is Deputy Director for Export Control, A dministration , hereby added with respect to the follow­ Commodities Branch. By J. J o s e ph W h e l a n , ing commodities: Recording Secretary. [F. R. Doc. 46-21909; Filed, Dec. 26, 1946; Dept, of 8:51 a. m.] [F. R. Doc. 46-21948; Filed, Dec. 23, 1946; Comm. 4:21 p. m.] Sched. B No. Commodity Fodder and feeds: Chapter IX—Office* of Temporary Con­ 118000 Mixed dairy and poultry feeds with. trols, Civilian Production Administra­ 'P art 3294— I r o n and S teel P r o d u c t io n crude protein content 25% or tion [General Preference Order M-21, Revocation less. of Direction 9] 118500 Other prepared and mixed feeds A u t h o r i t y : Regulations in this chapter with crude protein content of nnipsa otherwise noted at the end of docu­ EFFECT OF CERTAIN CERTIFIED ORDERS FOR 25% or less. • ments affected, issued under sec. 2 (a ), 54 TIN MILL PRODUCTS 118710 Rolled barley for feed. Stat. 676, as amended by 55 Stat. 236, 56 Stat. 119000 Other wheat feeds except cracked 177, 58 Stat. 827, and Public Laws 270 and Direction 9 to'General Preference Or­ or crushed wheat for feed. 475, 79th Congress; Public Law 388, 79th der M-21 is hereby revoked. This revo­ 119900 Brewer’s grain, dried. Congress; E. O. 9024, 7 F. R. 329; E. O. 9040, cation does not affect any liabilities in­ 119900 Corn grits and corn meal. 7 F. R. 527; E. O. 9125, 7 F. R. 2719; E. O. 9599, curred for violation of the direction or 119900 Cracked corn. 10 F. R. 10155; E. O. 9638, 10 F. R. 12591; of any action taken by the Civilian Pro­ 119900 Dried beet pulp. C. P. A. Reg. 1, Nov. 5, 1945, 10 F. R. 13714; duction Administration under it. 119900 Dried molasses pulp. Housing Expediter’s Priorities Order 1, Aug. 119900 Grain screenings. 27, 1946, 11 F. R. 9507; E. O. 9809, Dec. 12, Issued this 24th day of December 1946. Gluten corn feed. 119900 1946, 11 F. R. 14281; OTC Reg. 1, 11 F. R. 119900 Hominy feeds. C iv il ia n P r o d u c t io n 14311. 119900 H uliy. oats. 4k A dministration , 119900 Oat feed. P art 1010— S u s p e n s io n O rders . By J. J o s e ph W h e l a n , 119900 Rice mill feeds. Recording Secretary. 119900 Rye mill feeds. [Suspension Order S-983, Reinstatement and 119900 Stimuflow. Arndt.] F. R. Doc. 46-21970; Filed, Dec. 24, 1946; 11:17 a. m.] Shipments of the commodities added to APEX BATTERY MFG. CO. the list of commodities which were on Bernard Sweet, Herman J. Jaffe, and dock, on lighter, laden aboard an export­ Prank Butler, partners, doing business ing carrier, or in transit to a port of exit P art 1010— S u s p e n s io n O rders as Apex Battery Manufacturing Com­ pursuant to an actual order for export [Suspension Order S-994, Arndt. 1] prior to the effective date of this amend­ pany at 4714-16 West Kinzie Street, Chicago, Illinois, engaged in the business ment may be exported under the previous VOLTA BATTERY CO. of manufacturing automotive S U type general license provisions. storage batteries, were suspended on Volta Battery Company, 1000 East This amendment shall become effec­ October 10, 1946 by Suspension Order 87th Street, Chicago, Illinois, engaged in tive immediately except that, with re­ No. S-983. They appealed from the pro­ the manufacture of automotive SLI type spect to the commodities added to the visions of the suspension order and,» replacement storage batteries, was sus­ list of commodities, it shall become pending determination of the appeal, the pended on November 14, 1946 by Sus­ effective on January 2,1947. suspension order was stayed by the pension Order No. S-994. It appealed 14690 FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946

from the provisions of the order. The This paragraph does not include sum­ (5) Under paragraphs (b) (1) and (b) Chief Compliance Commissioner has re­ mer or winter camps or hotels, overnight 42) the amount of floor space to be used viewed the case and, as a result of his guest houses, tourist cabins or other ac­ for residential purposes and the amount study, dismissed the appeal and directed commodations for transients or any dor­ to be used for other purposes will deter­ that the order be amended. mitories. Restaurants, laundry rooms mine where the application is to be It is hereby ordered, That: § 1010.994, and toilet facilities built in connection filed. In computing floor area for these Suspension Order No. S-994, issued No­ with tourist cabins and trailer camps are purposes, hallways and other public vember 14, 1946, be and hereby is not covered by this paragraph. spaces should be excluded from the com­ amended by substituting the following (ii) Dormitories, and living facilities putation. Basement space should also paragraph (a) for the present paragraph such as dining halls built and to be used be excluded even though used for stor­ ( a ) : exclusively in connection with a new age space for stores or for apartments, (a) During the fourth quarter of 1946 dormitory, and subsidiary buildings for except where all or part of the basement Volta Battery Company shall use 9,614 trailer camps such as laundry rooms, is used for an apartment or rooms for pounds of lead less, and in each of the toilet facilities and the like, when they living purposes, or for selling or exhibi­ first, second and third quarters of 1947 are built by an educational institution tion space for a store, or for a commercial shall use 19,229 pounds of lead less than or a public organization and dormitories garage which is open to the public. it would otherwise be entitled to use in built under the sponsorship of an educa­ (c) [Deleted Dec. 24, 1946.] each of these quarters under the provi­ tional organization. “Educational insti­ (d) Applications to be filed with the sions of General Preference Order M-38. tution” means a school, including a trade Civilian Production Administration. All or vocational school, a college, a univer­ applications for authorization under Issued this 20th day of December 1946. sity or any similar institution of learn­ VHP-1 for construction not covered by C iv il ia n P r o d u c t io n ing. “Public organization” means the paragraph (b) should be filed on Form A dministration , United States government, a state, By J. J o se ph W h e l a n , county, city, town, village or other mu­ CPA-4423 with the appropriate CPA Dis­ Recording Secretary. nicipal government, or an agency, in­ trict Construction Office. strumentality or authority of such a [F. R. Doc. 46-21949; Filed, Dec. 23, 1946; governing body. (e) [Deleted Dec. 24,1946.1 4:21 p. m.] (iii) Farm houses and other residen­ Issued this 24th day of December 1946. tial accommodations on farms, and bunkhouses for transient farm labor. C iv il ia n P r o d u c tio n A dministration , P art 4700— V eterans’ E m e r g e n c y Paragraph (b) (1) does not include By J. Jo s e ph W h e l a n , H o u s in g P rogram accommodations, the primary purpose of which is non-residential, such as wards Recording Secretary. [F. R. Doc. 46-21971; Filed, Dec. 24, 1946; [Veterans’ Housing Program Order 1, Supp. 5, or rooms for patients or inmates in hos­ as Amended Dec. 24, 1946] 11:17 a. m.] pitals, mental hospitals, insane asylums, WHERE APPLICATIONS SHOULD BE FILED orphanages, old people’s homes or cell blocks in jails. It also does not include ------/ § 4700.6 Supplement 5 to Veterans’ military housing. Housing Program Order 1— (a) What P art 1010— S u s p e n s io n O rders (2) Regardless of the primary purpose this supplement does. This supplement [Suspension Order S-1051] for which a structure as a, whole is or tells where applications for authoriza­ is to be used, applications for construc­ TOM STILL TRANSFER CO., INC. ET AL. tion under Veterans’ Housing Program tion, alterations, additions or repairs in Tom Still Transfer Company, Inc., a Order 1 to do construction, repair work the structure'should be filed under regu­ corporation, with its principal place of or other work restricted by VHP-1 lations of the Housing Expediter if 50% business on Boone Street, Kingsport, should be filed. or more of the floor space involved in the Tennessee as the owner of property in proposed work will be used for residential (b) Applications to be filed under reg­ or about the six hundred block on Boone purposes of the kinds described above. Street, Kingsport, Tennessee, and Gar­ ulations of the Housing Expediter. (1) (3) Applications for amendments to Applications for the construction of the land Cassel and William Cassel, a part­ projects approved under Priorities Reg^ following kinds of new structures in nership doing business as Cassel Broth­ which 50% or more of the floor space is ulation 33 or Housing Expediter Priori­ ers, contractors, at 206 W. Sullivan to be used for residential purposes should ties Regulation 5 should be filed in ac­ Street, in Kingsport, Tennessee, began the construction of a warehouse on said be filed under the Housing Permit Regu­ cordance with those regulations^ property subsequent to March 26, 1946, lation of the Housing Expediter (see N ote: In subparagraph (4), subdivision (i) at an estimated cost of $44,800.00 without paragraph (b) (4) below): was deleted, and (ii) and (iii) were redesig­ having obtained authorization from the (i) Any building, structure or othernated (i) and (ii) respectively, Dec. 24, 1946, Civilian Production Administration, Construction item to be used for family (4) In general new applications for which construction constituted a viola­ housing purposes, whether occupied all work covered by paragraphs (b) (1) and tion of Veterans’ Housing Pregram Order year round or seasonally, and any apart­ (b) (2) should be made on NHA Form No. 1. This violation has diverted criti­ ment hotel, boarding house, rooming 14-56 and filed with the appropriate cal materials to uses not authorized by house or other residential accommoda­ State or District Office of the Federal the Civilian Production Administration. tions occupied for substantial periods of Housing Administration, except that (i) In view of the foregoing, it is hereby or­ time, whether by single persons or by applications by educational institutions dered that: families, including also all subsidiary or by public organizations for any kind § 1010.1051 Suspension Order No. S - ^buildings, structures or construction of residential accommodations to be built 1051. (a) Neither Tom Still Transfer items (whether restricted by VHP-1 or by them, and applications for single per­ Company, Inc., nor Garland Cassel and |not) on residential property, such as son residential accommodations to be William Cassel, doing business as Cassel garages, tool sheds, greenhouses, piers, built or converted under the sponsorship Brothers, their successors or assigns, nor swimming pools, walls, fences, bulkheads, of an educational institution, should be any other person shall do any further wells and the like. This includes appli­ filed with the appropriate Regional Office construction on> the warehouse premises cations for family housing accommoda­ of the Federal Public Housing Authority located in or-about the six hundred block tions, either one family houses or apart­ on Boone Street, Kingsport, Tennessee, ments, and permanent residential quar­ and, (ii) applications to construct or erect experimental housing accommoda­ unless specifically authorized in writing ters for individuals, whether these are to by the Civilian Production Administra­ tions or to obtain materials for experi­ be built and owned by private individu tion. mental or testing purposes in connection uals, corporations, public organizations (b) Tom Still Transfer Company, Inc., or educational or other institutions. It with housing accommodations should be and Garland Cassel and William Cassel, also includes applications for the erection filed with the Technical Office of the doing business as Cassel Brothers, shall of prefabricated houses, the permanent Administrator of the National Housing refer to this order in any application or Installation of trailers and the like. Agency. appeal which they or either of them may FEDERAL REGISTER, F r id a y , D e c e m b e r 27, 1946 14691 file with the Civilian Production Admin­ (c) Nothing contained in this order P art 1010— S u s p e n s io n O rders istration. shall be deemed to relieve Nick F. [Suspension Order S-1056] (c) Nothing in this order shall be Kwasny, his successors and assigns, deemed to relieve Tom Still Transfer from any restriction, prohibition or pro­ LEO J. LINBERGER Company, Inc., or Garland Cassel and vision contained in any other order or Leo J. Linberger, 442 Madera Avenue, William Cassel, doing business as Cassel regulation of the Civilian Production Ad­ Youngstown, Ohio, in September, 1946, Brothers, their successors ' or assigns, ministration, except insofar asHhe same began construction and thereafter car­ from any restriction, prohibition, or pro­ msiÿ be inconsistent with the provisions ried on and participated in the construc­ vision contained in any other order or hereof. tion of an addition to a warehouse lo­ regulation of the Civilian Production Ad­ Issued this 26th day of December 1946. cated at 257-259 West Rayen Avenue, ministration, except insofar as same may Youngstown, Ohio, without authoriza­ be inconsistent with the provisions C iv il ia n P r o d uctio n tion of the Civilian Production Admin­ A dministration , hereof. istration. The estimated cost of such B y J. J o se ph W h e l a n , Issued this 26th day of December 1946. construction exceeded the $1,000 limit' Recording Secretary. C iv il ia n P r o d uctio n permitted by Veterans’ Housing Program [F. R. Doc. 46-21987; Filed, Dec. 26, 1946; A dministration , Order No, 1 ; was in violation thereof and 11;22 a. m.] B y J. J o seph W h e l a n , has diverted materials to uses not Recording Secretary. authorized by the Civilian Production Administration. In view of the forego­ [F. R. Doc. 46-21988; Filed, Dec. 26, 1946; P art 1010— S u s p e n s io n O rders ing, it is hereby ordered that: [Suspension Order S-1059] # § 1010.1056 Suspension Order No. S -1 0 5 6 (a) Neither Leo J. Linberger, PETE FARNESI P art 4501— C ommunications his successors and assigns, nor any other Pete Farnesi, doing business as For- person shall do any further construc­ [Utilities Order U-2, Revocation] nesi’s, Chowchilla, California, in June, tion on the warehouse located at 257- TELEPHONE SERVICE 1946, commenced construction of an ad­ 259 West Rayen Avenue, Youngstown, Section 4501.1 Utilities Order U-2 is dition consisting of a combination bar Ohio, including completing or altering revoked effective December 31, 1946. and dance floor at an estimated cost in­ the structure unless hereafter author­ This revocation does not affect any lia­ excess of $1,000 to an existing commer­ ized by the Civilian Production Adminis­ bilities incurred for violation of the order cial building located at the southeast tration. or of actions taken by the W ar Produc­ corner of Highway 99 and Orange Ave­ (b) Leo J. Linberger shall refer to this tion Board or the Civilian Production nue, Chowchilla, California, after denial order in any application or appeal which Administration under fhe order. of authority to do such construction by he may file with the Civilian Production the Civilian Production Administration, Administration for priorities assistance Issued this 26th day of December 1946. and in violation of Veterans’ Housing or for authorization to carry on con­ C iv il ia n P r o d u c tio n Program Order No. 1. This violation has struction. A dministration , diverted critical materials to uses not (c) Nothing contained in this order B y J. J o seph W h e l a n , authorized by the Civilian Production shall be deemed to relieve Leo J. Lin­ Recording Secretary. Administration. In view of the forego­ berger, his successors and assigns, nor ing, it is hereby ordered that: any other person from any restriction, [F. R. Doc. 46-21989; Filed, Dec. 26, 1946; prohibition or provision contained in § 1010.1059 Suspension Order No. 11:22 a. m.] y any other order or regulation of the S-1059. (a) The temporary suspension Civilian Production Administration, ex­ order issued by telegram dated October cept insofar as the same may be incon­ 11, 1946, against Pete Farnesi is .hereby sistent with the provisions hereof. P art 1010— S u s p e n s io n O rders revoked. [Suspension Order S-1054] (b) Neither Pete Farnesi, his succes­ Issued this 26th day of December 1946. sors or assigns, nor any other person shall NICK F. KWASNY C iv il ia n P r o d uctio n do any further construction on the prem­ A dministration , Nick P. Kwasny resides at 8203 Wood- ises located at the southeast corner of By J. Jo se ph W h e l a n , lawn Avenue, Detroit, Michigan. On or Highway 99 and Orange Avenue, Chow­ Recording Secretary. about September 30, 1946, without au­ chilla, California, including completing,, thorization of the Civilian Production putting up or altering of any structure [F. R. -Doc. 46-21985; Filed, Dec. 26, 1946; Administration, he began and there­ located thereon, unless hereafter specif­ 11:21 a. m.] after carried on construction of a struc­ ically authorized in writing by the Civil­ ture at 6125 Charles Street, Detroit, ian Production Administration. Michigan, for use as a shoe repair store. (c) Pete Farnesi shall refer to this Chapter XI—Office of Temporary Con­ The beginning and carrying on of this order in any application or appeal which trols, Office of Price Administration construction at an estimated cost in ex­ he may file with the Civilian Production cess of $1,000 constituted violation of Administration for priorities assistance P art 1305— A dministration Veterans’ Housing Program Order No. 1, or for authorization to carry on construc­ [R ev. Gen. RO 5,1 Arndt. 16] and has diverted critical materials to tion. FOOD RATIONING FOR INSTITUTIONAL USERS uses not authorized by the Civilian Pro­ (d) Nothing contained in this order duction Administration. In view of the shall be deemed to relieve Pete Farnesi, A rationale for this amendment has foregoing, it is hereby ordered that: his successors, or assigns, from any re­ been issued simultaneously herewith and § 1010.1054 Suspension Order No. S - striction, prohibition or provision con­ has been filed with the Division of the Federal Register. 1054. (a) Neither Nick P. Kwasny, his tained in any other order or regulation successors or assigns, nor any other per­ of the Civilian Production Administra­ f Section 12.4 (a) of Revised General son, shall do any further construction tion, except insofar as the same may be Ration Order 5 is amended to read as on the structure at 6125 Charles Street, inconsistent with the provisions hereof. follows: Detroit, Michigan, including putting up, completing or altering the structure, un­ Issued this 26th day of December 1946. (a) An institutional user who has a refreshment base and who did not re­ less hereafter authorized in writing by C iv il ia n P r o d uctio n the Civilian Production Administration. ceive an adjustment in his refreshment A dministration , (b) Nick P. Kwasny shall refer to this multiplier prior to January 1, 1946, may B y J. J o se ph W h e l a n , order in any application or appeal which apply, in writing, to the Sugar Branch Recording Secretary. he may file with the Civilian Production Office to have his refreshment allot- Administration or the Federal Housing [F. R. Doc. 46-21984; Filed, Dec. 26, 1946; Administration for priorities assistance. 11:21 a. m.] *11 F. R. 116. 14692 FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946

ments computed by multiplying his re­ tablishments were relatively stable com­ 8035) and 10.3498 (11 F. R. 9286) are freshment base by the multiplier used pared to the more rapid fluctuations in amended as follows: for the corresponding period from July- refreshment services, the food multiplier § 10.3121 Definition of total perma­ August 1943 through January-February substantially reflected seasonal require­ nent disability. Total permanent disa­ 1944, instead of the multiplier of 2 as ments qf refreshment service establish­ bility as referred to in a United States fixed in the supplement. However, for ments. Government life insurance policy, is any the March-April allotment period the In order to enable all institutional impairment of mind or body which con­ November-December 1943 multiplier is users, who may be eligible for an adjust­ tinuously renders it impossible for the to be used and for the May-June allot­ ment in, their refreshment multiplier, disabled person to follow any substan­ ment period the September-October but who were not aware of their rights tially gainful occupation and which is 1943 multiplier is to be used. If an ap­ prior to January 1, 1946, to apply for founded up6n conditions which render it plicant was not in operation during the such adjustment, this amendment per­ reasonably certain that the total disabil­ corresponding allotment period for the mits an application .for such adjustment ity will continue throughout the life of year preceding March 1, 1944, the Sugar to be made at any time and incorporates the disabled person. The total perma­ Branch Office shall use the same multi­ the former provisions relating to vari­ nent disability benefits may relate back plier used in computing the allotment able multipliers for refreshment users. to a date not exceeding six months prior for the corresponding allotment period The provisions of section 12.4 (a ), how­ to receipt of due proof of total permanent for a similar or comparable establish­ ever, do not apply to veterans who have disability and any premium paid after ment which was in operation during the réceived a refreshment base under the receipt of due proof of total permanent year preceding March 1, 1944. provisions of Article I of Revised General disability, and within the six months Ration Order 18. (The provisions'of this section shall shall be refunded without interest: Pro­ not apply to veterans who have received *fF. R. Doc. 46-21990; Filed, Dec. 26, 1946; vided, That where the insured becomes or a refreshment base under the provisions 11:27 a. m.] has become totally and permanent dis­ of Article I of Revised General Ration abled while outside the continental limits Order 18.) of the United States and because of war This amendment shall become effec­ P art 1407— R a t io n in g op F ood and F ood conditions could not feasibly file claim tive December 31, 1946. P roducts therefor, such benefits may relate back to the beginning date of such disability, but [Restriction Order 17, Revocation] N ote: The reporting and record-keeping not prior to December 7,1941: Provided'x requirements of this amendment have been RICE IN PUERTO RICO approved by the Bureau of the Budget in That claim therefor is filed within one accordance with the Federal Reports Act of * A rationale accompanying this revoca­ year after discharge, or the insured’s re­ 1946. tion order, issued simultaneously here­ turn to the continental limits of the United States, or prior to July 1, 1947, Issued this 26th day of December 1946. with, has been filed with the Division of the Federal Register. whichever is the earlier. (Sec. 5,300,301, P h i l i p B. F l e m i n g , Restriction Order 17 (§ 1407.303) is 43 Stat. 608, 624, as amended, secs. 1, 2, Temporary Controls Administrator. hereby revoked, except that any violation 46 Stat. 1016; 38 U. S. C. 11,11a, 426, 511, which occurred or rights or liabilities 512) Rationale Accompanying Amendment No. 16 to Revised General Ration Or­ which arose before the effective date of § 10.3164 Total disability provision der 5 this order of revocation shall be gov­ for United States Government Life In­ erned by the order in effèçt at the time surance authorized by section 311 of the Present regulations. There is no pro­ the violation occurred or the rights or World War Veterans’ Act, 1924, as vision in Revised General Ration Order liabilities arose. amended July 3, 1930. 6 whereby refreshment users may apply This order of revocation shall be effec­ -fo r an adjustment in their refreshment No change in the first and second tive December 20, 1946. multiplier in order to take care of the paragraphs. seasonal requirements of their establish­ Issued this 20th day of December 1946. Third paragraph: ments. S a m G ilstr ap, Total disability as referred to herein Proposed amendment. This amend­ Territorial Director. is any impairment of mind or body ment permits the adjustment of the Approved: which continuously renders it impossible refreshment multiplier for any user who for the disabled person to follow any M. S. B urchard, has not received such adjustment prior substantially gainful occupation. The to January 1, 1946, by authorizing the Acting Regional Administrator, monthly income payments may relate Sugar Branch Office to use, for any allot­ Region IX. back to a date not exceeding six months ment period, instead of the refreshment Rationale Accompanying the Issuance of prior to receipt of due proof o f . such multiplier of 2, the multiplier used for Revocation of Restriction Order 17 the corresponding period from July-Au­ total disability but not prior to the first gust 1943 through January-February The General Supplies Administration, day of the fifth consecutive month ’of 1944. However, for the March-April an instrumentality of the Government continuous total disability: Provided, allotment period the November-Decem­ of Puerto Rico, is assuming control over That where thé insured becomes or has ber 1943 multiplier is to be used, and for many cost' of living commodities on the become totally disabled while outside the May-June allotment period the Sep­ Island including the allocation of rice, the continental limits of the United tember-October 1943 multiplier is to be relieving the Office of Temporary Con- States and because of war conditions used. trols-Office of Price Administration, of could not feasibly file claim therefor, Reason for amendment. Prior to Jan­ the administration of such allocation. such benefits may relate back to the uary 1, 1946, refreshment users were In order to avoid any question of juris­ first day of the fifth consecutive month permitted to apply for an adjustment of diction, Restriction Order No. 17—Rice of continuous total disability, but not their refreshment multiplier in order to in Puerto Rico— is revoked. prior to December 7, 1941: Provided, take care of seasonal requirements of [F. R. Doc. 46-21929; Filed, Dec. 26, 1946; Claim therefor is filed within one year their establishments since the base 8:45 a. m.] after discharge or the insured’s return month of December 1942 with respect the continental limits of the United to those users was not always typical of ^ ^ S tStates, £ or prior to July 1, 1947, which­ refreshment services. The adjustment ever is the earlier. Without prejudice TITLE 38—PENSIONS, BONUSES, AND to any other cause of disability, the loss wâs made by multiplying the fixed De­ VETERANS’ RELIEF of the use of both feet, or both hands, cember refreshment base by variable or of both eyes, or of one foot and one Chapter I—Veterans’ Administration multipliers. These variable multipliers hand, or of one foot and one eye, or of were computed by dividing the total P art 10— I n s u r a n c e one hand and one eye, or the loss pf number of meals and refreshments hearing of both ears, or the organic loss served during current periods by the total p e r m a n e n t Dis a b il it y b e n e f it s of speech, or becoming permanently numbers served in December, 1942. Sections 10.3121 (11F. R. 3951), 10.3164 helpless or permanently bedridden, shall Since, generally,~feod~services in such es­ .(38 CFR 10.3164, 11 F. R. 3951, 5955, be deemed to be total disability, and FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946 14693 monthly income payments for any of No change in third or fourth para­ (Sec. 402, 418 (40 Stat. 101; Secs. 4,10,41 these specifically enumerated causes of graphs. Stat. 476, 485; 54 Stat. 901, 912; 49 U. S. total disability may be paid from the Paragraph five is amended as follows: C. 1 (10)-(17), 15 (4)) first day of the fifth consecutive month If the policy shall lapse, or be sur­ By the Commission, Division 3. of such continuous total disability. rendered for a cash value or for extended However, such anatomical and func­ [ s e a l ] W. P. B a r t e l , insurance, or mature as an endowment, Secretary. tional loss shall not be deemed to be a then this provision shall cease and no total disability under a total disability further premium will be payable. If the [P. R. Doc. 46-21930; Piled, Dec. 26, 1946; 8:46 a. m.] provision originally issued subsequent policy shall become paid up at the end of to December 15,1936. the premium paying period then this pro­ No change in fourth, fifth, sixth or vision may be continued in force without Subchapter B— Carriers by Motor Vehicle seventh paragraphs. payment of further premiums. If the Paragraph eight: policy be surrendered prior to the expira­ [Ex Parte No. MO 37] tion of the premium paying period for This provision may be canceled by the paid-up insurance in an amount of not P a r t 170— C o m m e r c ia l Z o n e s insured at any time upon written request less than $1,000 the insured may con­ COMMERCIAL ZONES AND TERMINAL AREAS to the Veterans’ Administration accom­ tinue this provision in multiples of $500 panied by the policy and this provision but not less than $1,000 nor more than At a session of thé Interstate Com­ merce Commission, Division 5, held at its for indorsement. This provision shall the amount of paid-up insurance, by the office in Washington, D. C., on the 26th terminate and be of no further force and payment of the required premiums as effect if any premium on the policy or on they become due. If the amount of paid- day of November A. D. 1946. Section 203 (b) (8) of the Interstate this provision be not paid when due or up insurance is less than $1,000 this pro­ Commerce Act and the transportation within the grace period of thirty-one vision shall cease and no further premi­ of passengers and property by motor days thereafter. If a premium be not um will be payable. paid as stipulated, then this provision vehicle, in interstate or foreign com­ shall cease and terminate, but may be (Secs. 601-618; 54 Stat. 1008-1014; 38 merce, wholly within a municipality, or reinstated upon evidence of good health U. S. C. 801-818; Pub. Law 589, 79th between contiguous municipalities, or satisfactory to the Administrator of Vet­ Cong.). within a zone adjacent to and commer­ erans Affairs, and upon the payment of No change in remainder of section. cially a part of any such municipality or all premiums in arrears with interest at municipalities, being under considera­ the rate of five per centum per annum, [ s e a l ] O m a r N. B r a d l e y , tion, and good cause appearing therefor: compounded annually, to the first General, U. S. Army, it is ordered, that monthly premium due date after July 31, Administrator of Veterans’ Affairs. Sec. 1946, and thereafter at the rate of four D e c e m b e r 27, 1946. 170.15 Definitions. per centum per annum, compounded an­ 170.16 Commercial zones determined gen­ nually. If the application and the pre­ [P. R. Doc. 46-21899; Piled, Dec. 26, 1946; erally, with exceptions. miums with interest are submitted within 8:46 a. m.] 170.17 Controlling distances and population data. three months after the due date of the premium in default, reinstatement may A u t h o r i t y : §§ 170.15 to 170.17, inclusive, be effected upon evidence satisfactory to issued under 49 Stat. 546; 49 U. S. C. 303 (b ) the Administrator showing the applicant TITLE 49—TRANSPORTATION AND (8). to be in as good health as he was on the RAILROADS §170.15 Definitions. For the purposes due date of the premium in default. of this section, the following terms are Chapter I—Interstate Commerce (Sec. 5, 300, 301, 43 Stat. 608,. 624, as defined: » amended, secs. 1, 2, 46 Stat. 1016; 38 Commission (a) “Municipality” means any city, U. S. C. 11, 11a, 426, 511, 512; sec. 25, 46 Subchapter A—General Rules and Regulations town, village, or borough which has been Stat. 1002; 38 U. S. C. 512b) created by special legislative act or which [S. O. 647-A] No change in remainder of section. has been, otherwise, individually incor­ P a r t 95— C ar S e r v ic e porated or chartered pursuant to general NATIONAL SERVICE LIFE INSURANCE TOTAL State laws, or which is recognized as such, PRIORITY FOR GRAIN IN PACIFIC NORTHWEST DISABILITY PROVISION under the Constitution or by the laws of § 10.3498 Total disability income pro­ At a session of the Interstate Com­ the State in which located, and which vision for National Service Life Insur­ merce Commission, Division 3, held at its has a local government. It does not in­ ance authorized by the National Service office in Washington, D. C., on the 20th clude a town of the township or New Life Insurance Act of 1940, as amended day of December A. D. 1946. England type. Upon further consideration of Service August 1, 1946. (b) “Contiguous municipalities” means No change in first paragraph. Order No. 647 (11 F. R. 14166), and good municipalities, as defined in § 170.15 ( a ) , Paragraph (a) of second paragraph is cause appearing therefor, it is ordered, which have at some point a common mu­ amended as follows: that: nicipal or corporate boundary. Service Order No. 647 (codified as 49 (c) “Unincorporated area” means any (a) Waive the payment of each pre­ CFR § 95.647 Box cars to be used for area not within the corporate or munici­ mium on this provision (as well as on the loading grain, be, and it is hereby, sus­ pal boundaries of any municipality as policy) while such total disability con­ pended. defined in § 170.15 (a ). tinues, beginning with the first monthly It is further ordered, that this order § 170.16 Commercial zones determined premium falling due after such total dis­ shall become effective at 12:01 a. m., De­ generally, with exceptions: The commer­ ability commenced, but not more than cember 21, 1946; that a copy of this cial zone of each municipality in the one year prior to receipt of claim. Pre­ order and direction be served upon the United States, with the exceptions indi­ miums due more than one year prior to State railroad regulatory bodies of the cated in the note at the end of this sec­ receipt of claim may be waived if the States of Oregon, Washington, Idaho, tion, within which the transportation of Administrator finds that insured’s fail­ and Montana, and upon the Association ure to submit timely claim or satisfactory of American Railroads, Car Service Divi­ passengers or propery, in interstate or foreign commerce, when not under a evidence to show continuance of total sion, as agent of the railroads subscrib­ common control; management, or ar­ disability was due to circumstances be­ ing to .the car service and per diem agree­ rangement for a continuous carriage or yond his control. Any premiums ten­ ment under the terms of that agreement; and that notice of this order be given to shipment to or from a point without such dered for the period covered by the the general public by depositing a copy zone, is exempt from all provisions of waiver will be refunded to the insured if in the office of the Secretary of the Com­ part n , Interstate Commerce Act, except living, otherwise to the party entitled to mission, at Washington, D. C., and by the provisions of section 204 relative to the life insurance payments. filing it with the Directoç, Division of the the qualifications and maximum hours No change in (b ). Federal Register. of service of employees and safety of No. 251------5 14694 FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946

operation or standards of equipment and shall remain in effect until modified derives its characteristic color or lack of shall be deemed to consist o f: or revoked in whole or in part by further color from the presence or absence of the (a) The municipality itself, herein­ order of the Commission. red boloring matter of the skins, juice after called the base municipality; And It is further ordered, that notice or'pulp of grapes; and to eliminate the (b) All municipalities within the of this order be given to the general pub­ present standards for “red wine” and United States which are contiguous to the lic by depositing a copy hereof in the “white wine”. base municipality; office of the Secretary of the Commis­ 3. To amend sec. 2i, Class 1 (27 CFR, (c) All other municipalities within the sion at Washington, D. C., and by filing Cum. Supp., 4.21 (a )), sec. 34^(a) (27 United States and all unincorporated it with the Director of the Division of the CFR, Cum. Supp., 4.34 (a )) and other areas within the United States which are Federal Register. pertinent sections of the regulations to adjacent to the base municipality as fol­ By the Commission, Division 5. authorize grape wine having mi alcoholic lows: content not in excess of 1# per cent by (1) When the base municipality has a [ s e a l ] W. P. B a r t e l , volume to be designated as “light wine” population less than 2,500, all unincor­ Secretary. (or “light grape wine”, “light red wine” porated areas within two miles of its cor­ [F. R. Doc. 46-21931; Filed, Dec. 26, 1946; or “light white wine”) or “table wine”; porate limits and all of any other munici­ 8:45 a. m.] to authorize grape wine containing no pality any part of which is within two added grape spirits or alcohol to be miles of the corporate limits of the base designated as “natural grape wine” municipality, (“natural red wine”, “natural white (2) When the base municipality has a N o t i c e s wine”) or “table wine”; and to eliminate population of 2,500 but less than 25,000, the present standards for “light wine” all unincorporated areas within 3 miles and “natural grape wine”. TREASURY DEPARTMENT. of its corporate limits and all of any other 4. To amend sec. 21, Class 1 (27 CFR, municipality any part of which is within Bureau of Internal Revenue. Cum. Supp., 4.21 (a )), sec. 34 (a) (27 3 miles of the corporate limits of the base CFR., Cum. Supp., 4.34 (a )) and other municipality, L a b e l in g a n d A d v e r t is in g o f W i n e pertinent sections of the regulations to (3) When the base municipality has a NOTICE OF HEARING W ITH RESPECT TO include in the standards therein' set population of 25,000 but less than 100,- PROPOSED AMENDMENTS forth a standard of identity for “dessert 000, all unincorporated areas within 4 wine” similar to the following: Notice is hereby given, pursuant to the miles of its corporate limits and all of “Dessert wine” is “grape wine” con­ any other municipality any part of which provisions of section 5 of the Federal Alcohol Administration Act (49 Stat. 981; taining added grape spirits or alcohol is within 4 miles of the corporate limits and having an alcoholic content in ex­ of the base municipality, and 27 U. S. C. 205), of a public hearing to be held on January 15; 1947, at 10:00 cess of 14 per cent but not in excess of (4) When the base municipality has a a. m., in the Great Hall of the Depart­ 24 per cent by volume; dessert wine hav­ population of 100,000 or more, all unin­ ment of Justice Building, Washington, ing the taste, aroma and characteristics corporated areas within 5 miles of its cor­ D. C., and on January 31, 1947, at 10:00 generally attributed to sherry and an porate limits and all of any other munici­ a. m. at The Palace Hotel, San Francisco, alcoholic content of not less than 17 per pality any part of which is within 5 miles California, at which times and places all cent by volume may be designated as of the corporate limits of the base mu­ interested parties will be afforded oppor­ “sherry”; dessert wine having the taste, nicipality, and tunity to be heard, in person or by au­ aroma and characteristics generally at­ (d) All municipalities wholly sur­ thorized representative, with reference tributed to angelica, madeira, muscatel rounded, or so surrounded except for a to several proposals, the substance of and port, and an alcoholic content of water boundary, by the base municipal­ which is stated below, to amend Regula­ not less than 18 per cent by volume, may ity, by any United States municipality tions No. 4 (27 CFR, Part 4), relating to be designated as “angelica”, “madeira”, contiguous thereto, or by any United labeling and advertising of wine. “muscatel” or “port” respectively; dessert States municipality adjacent thereto Written data, views of arguments rele­ wine having the taste, aroma and char­ which is included in the commercial zone acteristics generally attributed to port of such base municipality under the pro­ vant and material to these proposals may be submitted in duplicate for incorpora­ and sherry, respectively, and ah alcoholic visions of paragraph (c) of this section. tion into the record of said hearing (1) content in excess of 14 per cent by volume N ote: Except: ,(1) Those the commercial by mailing the same addressed to the but less than the minimum alcoholic Eones of which have been or are hereafter, Deputy Commissioner in charge of the content prescribed for port and sherry, individually or specially determined; Alcohol Tax Unit, Bureau of Internal may be designated as “light port” or (2) Those in Kings, Queens, New York, “light sherry”, respectively; Bronx, Richmond, Westchester, Nassau, Al­ Revenue, Washington 25, D. C.: Provided, bany, and Rensselaer Counties in New York; That they are received prior to the ter­ and to eliminate the present standards Bergen, Hudson, Essex, Union, and Middlesex mination of the hearing, or (2) by pre­ for “angelica”, “madeira”, “muscatel”, Counties in New Jersey; Allegheny County, senting the same at the said hearing. “port”, “sherry”, “light port” and “light Pennsylvania; Oakland, Wayne, and Macomb Material relating to each proposal shall sherry”. Counties in Michigan; Baltimore, Howard, be submitted separately and shall bear 5. To amend sec. 21, Class 2 (c) (27 and Anne Arundel Counties in Maryland; the number of the proposal to which it Jefferson County, Kentucky; Floyd and Clark CFR, Cum. Supp., 4.21 (b) (3 )), and Counties, Indiana; Multnomah County, Ore­ relates. At the conclusion of the hearing other pertinent sections of the regula­ gon; Clark and King, Counties, Washington; a reasonable opportunity will be afforded tions to authorize a “sparkling light Cuyahoga County, Ohio; Ramsey, Hennepin, interested parties for the examination white wine” having the taste, aroma and Anoka, Dakota, and Washington Counties, of the record and for the submission of characteristics generally attributed to Minnesota; and briefs. champagne but not otherwise conform­ (3) Those within 10 miles of the cor­ ing to the standard for “champagne” porate limits of New Orleans, La., includ­ Substance of Proposals: ing New Orleans. to be designated, as “champagne— bulk 1. To amend Article I (j) (27 CFR, process”, “champagne— natural fermen­ § 170.17 Controlling distances and 4.1 ( j ) ) to define the term “gallon” to tation in bulk,”, “champagne— fermen­ population data. In the application of mean 231 cubic inches of alcoholic bever­ tation in bulk”, champagne style wine” § 170.16: age at 60° Fahrenheit so that the defini­ or “champagne type wine” or some simi­ (a) Air-line distances or mileages tion will conform to present Internal lar designation or designations, omitting about corporate limits of municipalities Revenue requirements. the class designation “sparkling wine” shall be used. 2. To amend sec. 21, Class 1 (27 CFR, now required, if all parts of said desig­ (b) The population of any municipal­ Cum. Supp., 4.21 (a )), sec. 34 (a) (27 nation appear in direct conjunction, ity shall be deemed to be that shown CFR, Cum. Supp., 4.34 ( a ) ) and other with equal emphasis, in the same size for that municipality in the last decen­ pertinent sections of the regulations to and kind of script, tyge or printing and nial census. authorize red, pink, amber or white.grape in the same color or shade. wine to be designated as “red wine”, 6. To amend sec. 21, Class 7 (27 CFR, It is further ordered, that this order “pink (or rose) wine”, “amber wine” or Cum. Supp., 4.21 ( g ) ), and other perti­ shall become effective February 3, 1947, “white wine”, respectively, if such wine nent sections of the regulations to in- \

FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946 14695

statements of alcoholic content for “light cliide standards of identity for “aperitif nate a wine of an origin other than that wine” only, if made in direct form, the wine” and “vermouth” similar to the indicated by such name (although the true origin is properly indicated) only permitted degree of accuracy from 1 to following: ; if such wine has the taste, aroma and 1.5 degrees; and, if such statement is '(a ) “Aperitif wine” is wine having an characteristics generally attributed to made in terms of maximum and mini­ alcoholic content of not less than 15 wines of such class or type. mum percentages, to increase the per­ per cent by volume, the taste, aroma 12. To amend sec. 32 (27 CFR, Cum. mitted range between such percentages and characteristics generally attributed Supp., 4.32), sec. 34 (27 CFR, Cum. Supp., from 2 to 3 degrees. to aperitif wine and compounded from 4.34), sec. 36 (27 CFR, 4.36) and other 19. To amend sec. 38 (to) (27 CFR, grape wine containing added grape pertinent sections of the regulations to 4.38 (b )) and other pertinent sections spirits or alcohol and flavored with require that the labels of wine contain­ of the regulations to except alcoholic ^ herbs and other natural aromatic flav- ing 14 per cent or less of alcohol by vol­ content statements on bottled wine from oring materials; ' > ume shall, if alcoholic content is not the provisiort-'that all required labeling (b) “Vermouth” is a type of aperitif stated, contain the designation “light statements be in script, type or printing wine with or without the addition of wine” either as a part of the required not smaller than 8-point Gothic caps, caramel for coloring purposes, having class and type designation or in the same and to require that such statements on the taste, aroma and characteristics manner as an alcoholic content state­ bottled wine appear in readily legible generally attributed to vermouth; ment. script, type or printing not larger than 13. To amend sec. 35 (a) (27 CFR, 4.35 8-point Gothic caps. to authorize wines conforming to such ( a ) ) and other pertinent sections of the 20. To amend sec. 39 (a) (27 CFR, standards to be so designated, and to .regulations to eliminate,the present dis­ 4.39 ( a ) ) and other pertinent sections of eliminate the present standard for tinction between the words “produced” the regulations to specifically prohibit “vermouth”. and “made” as used in connection with the use on the labels of wine of any coined 7. To amend sec. 21, Class 8 (a) and name and address statements; and to word or name in the brand name or in (b) (2 7 pFR , Cum. Supp., 4.21 (h) (1) authorize the use of the phrases “Pro­ the class and type designation which and (2 )), and other pertinent sections duced and bottled (or packed) by”, simulates or imitates the name of any of the regulations to include within the “Made and bottled (or packed) by” or specific class, type or permitted designa­ standard of identity for “imitation wine” “Product of” as an alternative to the tion of wine unless the wine in fact con­ any wine made from must concentrated words “Bottled by” or “Packed by” on the forms to such class or type or is entitled at any time to more than 80° (Balling); labels of any domestic wine bottled or to such permitted designation, and is to require such wine to be designated packed by the person (1) who made not designated as such. “imitation”, and to eliminate the pres­ less than a required percentage (for ex­ 21. To amend sec. 39 (b) (27 CFR, ent standard for “concentrate wine”. ample 75 per cent) of such wine by 4.39 (b )), sec. 64 (c) (2£ CFR, 4.64 (c )) * 8. To amend sec. 21, Class 8 (c) (27 crushing the grapes or other materials, and other pertinent sections of the regu­ CFR, Cum. Supp., 4.21 (h) (3 )) and other fermenting the must, and clarifying the lations to except, from the prohibition pertinent sections of the regulations to resulting wine, or (2) who treated the against statements relative to age of include in the standards of identity for wine in such manner as to change the wine, general inconspicuous references, “substandard wine” any “grape wine,” class thereof (for example by carbonat­ on back labels err in advertisements, to “citrus wine,” “fruit wine” or “wine from ing a still wine or by making apertiff methods of wine production, including other agricultural products” to which has wine out of still wine). aging, of a general informative char­ been added sugar and water solution in 14. To amend sec. 35 (27 CFR, 4.35) acter, such as “mellowing”, “oak casks”, an amount which is in excess of the limi­ and other pertinent sections of the regu­ “small barrels”, “small oak cooperage” tations prescribed in the standards' of lations to prohibit the use of the phrases and “storage”. identity for such products, unless, in the “manufactured by” or “manufactured 22. To amend sec. 64 (i) (27 CFR, case of “citrus wine,” “fruit wine” or and bottled by” on the labels of any wine 4.64 ( i ) ) to clarify any ambiguity in the “wine from other agricultural products,” other than “imitation wine”. present provision of the regulations lim­ the normal acidity of the relevant fruit 15. To amend sec. 35 (a) (27 CFR, 4.35 iting the use of the word “importer” or or product is twenty parts or more per ( a ) ) to require that, in the event the similar words in advertisements of wine thousand and the volume of the wine has principal place of business of the bottler by making it clear that the provision re­ not been increased more than 60 percent or packer, in lieu of the place where lates only to advertisements of domestic by such addition; and to require such bottled or packed, is stated on the labels wine. products to be so'designated. of containers of domestic wine bottled or 23. To amend sec. 72 (27 CFR, Cum. 9. To amend sec. 22 (b) (1) (27 CFR, packed on bonded premises, the Internal Supp., 4.72) to authorize the % gallon Cum. Supp. 4.22 (b) (1)> by eliminating Revenue bonded winery or bonded wine (the double fifth or magnifm) as a stand­ the parenthetical phrase “(not more storeroom registry number of such prem­ ard of fill for all effervescent wines, the than seventy of such parts being in ~a ises and the State in which located i%6 quart (30 ounce bottle) for aperitif free state) ” from the proviso authorizing shall also be stated in conjunction with wines and the 1 pint for all classes and the presence in finished wine, without the required name and address state­ types of wine. alteration of class or type, of 350 parts ment. 24. To amend sec. 80 (27 CFR, Cum. per million of total sulphur dioxide or -16. To amend sec. 35 (b) (27 CFR, 4.35 Supp.,4.80) and other pertinent sections sulphites expressed as sulphur dioxide. ( b ) ) to authorize the statement, on the of the regulations to require that wine 10. To amend sec. 22 (c) (2) and (3) labels of imported wines, bottled after, bottled or packed for export be labeled (27 CFR, Cum. Supp., 4.22 (c) (2) and importation by. the person responsible for in accordance with the requirements of (3)) to clarify the present provisions au­ the importation, of the address of such the regulations with respect to state­ thorizing, without alteration of class or person’s principal place of business in ments of class and type and appellation type, normal and customary pasteuriza­ lieu of the address of the place where of origin in the same manner as if not tion and refrigeration treatment of wine such wine was bottled. either by eliminating the present limita­ 17. To amend sec. 36 (27 CFR, 4.36) bottled or packed for export. tions On the temperature and length of and other pertinent sections of the regu­ 25. To amend Article I (g) (27 CFR, such treatments or in some other man­ lations to prohibit on the labels of wine Cum. Supp., 4.1 (g )) and other pertinent ner. any statement of alcoholic content sections of the regulations to substitute 11. To amend sec. 24 (b) (27 CFR, which, regardless of tolerances normally for the term “fortifying spirits” the term Cum. Supp., 4.24 ( b ) ) and other perti­ permitted and whether or not stated in “wine spirits” wherever it appears nent sections of the regulations to pro­ terms of maximum and minimum per­ therein. vide specifically that a name of geo­ centages, indefinitely or incorrectly indi­ [ s e a l ] . C a r r o l l E. M e a l e y , graphic significance, which is also the cates the class, type or taxable grade of Deputy Commissioner. designation of a class or type of wine such wine. 18. To amend sec. 36 (b) (27 CFR, [P. R. Doc. 46-21942; Piled, Dec. 26, 1946; and which has been found to have be­ 8:50 a. m.] come semigeneric, may be used to desig­ 4.36 (b )) to increase, in the case of ■■■■■■■■■■■■■■■■■■I ■ ■ ■ ■ ■

14696 FEDERAL REGISTER, Friday, December 27, 1946

L a b e l in g a n d A d v e r t is in g o f D is t il l e d “blended Irish type whisky”, be aged for whether or not subjected to charcoal S p ir it s not less than 3 years and that the mini­ treatment as a part of continuous dis­ NOTICE OF HEARING W ITH RESPECT TO mum percentage of 100" proof malt tillation or through later rectification, PROPOSED AMENDMENTS whisky or whiskies referred to in the lat­ and with or without the addition of suit­ ter alternative be distilled solely from able flavoring and sweetening materials Notice is hereby given, pursuant to such prescribed mash. in a process of later rectification; (2) the provisions of section 5 of the Fed­ 5. To amend sec. 21, Class 4 (27 CFR, produced in a registered distillery, from eral Alcohol Administration Act (49 Cum. Supp., 5.21 (d )), to authorize any fermentable material at 190° or more Stat. 981; 27 U. S. C. 205), of a public standard brandy to be distilled from proof, and packaged in metal, containers hearing to be held on January 13, 1947, juice, mash, or wine having a volatile or paraffin-lined barrels, whether or not at 10:00 a, m., in the Great Hall of the acidity, calculated as acetic acid and ex­ subjected to charcoal treatment as a Department of Justice Building, Wash­ clusive of sulphur dioxide, of not more part of continuous distillation or through ington, D. C., and on January 30, 1947, than 0.20 grams per 100 cubic centi­ later rectification, and with--or without at 10:00 a. m. at The Palace Hotel, San meters (20° C ), to be calculated exclusive the addition of suitable flavoring and Francisco, California, at which times of water added to facilitate distillation, sweetening materials in a process of and places all interested parties will be even though distilled at 170° proof or later rectification; (3) produced in an afforded opportunity to be heard, in per­ less. industrial alcohol plant from any fer­ son or by authorized representative, yrtth * 6. To amend sec. 21, Class 4 (a) (27 mentable material at 190° or more proof, reference to several proposals to amend CFR, Cum. Supp., 5.21 (d) (1 )), to in­ and packaged in metal containers or Regulations No. 5 (27-CFR, Part 5), re­ crease the percentage of the lees of the paraffin-lined barrels, which has been lating to labeling and advertising of dis­ appropriate wine which may be added, subjected to charcoal treatment in a rec­ tilled spirits, the substance of which is to the juice or mash of fruit from which tification plant or there rectified by the stated below. “fruit brandy” may be distilled from the addition of suitable flavoring and sweet­ Written data, views or arguments rele­ 20 per cent by volume now authorized to ening materials; or (4) produced outside vant and material to these proposals may 30 per cent by volume (calculated prior the United States and conforming to be submitted in duplicate for incorpora­ to the addition of water to facilitate the requirements of subparagraphs (1), tion into the record of said hearing (1) distillation), and to increase the amount (2) or (3) above with the exception that by mailing the same addressed to the of lees brandy which may be mixed with it was not distilled in a registered dis­ Deputy Commissioner in charge of the such brandy from the 20 per cent now tillery or in an industrial alcohol plant. Alcohol Tax Unit, Bureau of Internal authorized to 30 per cent (calculated on In (1), (2), (3) or (4) above the proof Revenue, Washington 25, D. C., provided a proof basis). of the distillate may .be reduced prior to that they are received prior to the ter-' 7. To amend sec. 21, Class 4 (a) (27 bottling to not less than 80° proof. • mination of the hearing, or (2) by pre­ CFR, Cum. Supp., 5.21 (d) (1 )), to au­ 12. To amend sec. 32 (27 CFR, 5.32) senting the same at the said hearing. thorize the addition, in the case of and other pertinent sections of the reg­ Material relating to each proposal shall brandy distilled from juice or wine, of ulations to require that distilled spirits be submitted separately and shall bear not more than 20 per cent by weight (cal­ containing more than a specified maxi­ the number of the proposal to which it culated prior to the addition of water mum amount of methyl alcohol, such as, relates. At the conclusion of the hearing to facilitate distillation) of pomace of for example, 0.35 percent by volume, a reasonable opportunity will be afforded the appropriate fruit to the juice or wine bear on the brand labels thereof a prom­ interested parties for the examination of from which “fruit brandy” is distilled. inent statement of such content such the record and for the submission of 8. To amend sec. 21, Class 4 (27 CFR, as “Contains wood alcohol” or “Con­ briefs. Cum. Supp., 5.21 (d )), sec. 34 (27 CFR, tains —— % wood alcohol.” Substance of proposals. 1. To amend 5.34) and other pertinent sections of the 13. To amend sec. 34 (p) (27 CFR, 5.34 Article I (h) (27 CFR, 5.1 (h )) to define regulations to authorize brandy dis­ (c )), sec. 41 (27 CFR, 5.41) and other the term “gallon” to mean 231 cubic tilled wholly or in part from residue ma­ pertinent sections of the regulations to inches of alcoholic beverage at 60° Fahr­ terials, such as lees, pomace or wine prohibit the use in connection with cor­ enheit so that the definition will con­ tank residue, to be designated as “residue dials and liqueurs of designations such form to present internal Revenue re­ brandy”. as “bourbon liqueur,” “rye liqueur,” quirements. 9. To amend sec. 21, Class 4 (g) (2) “malt liqueur” and other similar desig­ 2. To amend sec. 21, Class 1 (27 CFR, (27 CFR, Cum. Supp., 5.21 (d) (7) (ii)), nations. 5.21 ( a ) ), to provide that “neutral and sec. 34 (27 CFR, 5.34) to include in 14. To amend sec. 34 (d) (27 CFR, spirits” or “alcohol” shall not only be the standard of identity for substandard 5.34 ( d ) ) to correct any possible impli­ distilled at or above 190° proof as now brandy any brandy distilled from un­ cation arising from the present regula­ required but ¿Iso that it shall be actually sound, moldy, diseased or decomposed tions that any of the types of * “corn neutral in character. lees, pomace or residue materials, and whisky” may, if the prescribed statement 3. To amend sec. 21, Class 2 (n) (27 any brandy which shows in the finished relating to such treatment appears on CFR, 5.21 (b) (14)), to provide that the product any taste, aroma, or charac­ the labels thereof, be treated with minimum percentage of 100° proof malt teristic associated with products distilled charred wood chips. whisky or whiskies distilled in pot stills from such lees, pomace or residue. 15. To amend sec. 34 (e) (27 CFR, at not more than 160° proof from a 10. To amend sec. 21, Class 6 (27 CFR, 5.34 (e )) and other pertinent sections of fermented mash of malted barley dried 5.21 (f ) ) , to increase, from the 2% per the regulations to require that a whisky over peat fire, now required in “blended cent by weight now required, the mini­ distilled at not exceeding 160° proof from Scotch type whisky”, be distilled solely mum amount of added sugar or dextrose a fermented mash of not less than 80 from such a mash and also that such re­ in “cordials and liqueurs” to a greater percent corn grain, not subjected in the quired minimum * per centage of malt amount such as, for example, 10 per process of distillation or otherwise to whisky or whiskies fc>e aged for not less cent by weight of the finished product, treatment with charred wood, and stored than 3 years. and to abolish the present standard for in reused cooperage, be designated as 4. To amend sec. 21, Class 2 (o) (27 “dry cordials and dry liqueurs”. “corn whisky” or “straight com whisky” CFR, 5.21 (b) (15)), to provide that the 11. To amend sec. 21 (27 CFR, 5.21) if aged for the required period. distilled spirits distilled in pot stills at by adding to the standards of identity 16. To amend sec. 35 (c) (3) (27 CFR, not more than 171" proof, from a fer­ therein set forth some standard of iden­ 5.35 (c) (3 )) to authorize the statement, mented mash of small cereal grains of tity for “Vodka” similar to the follow­ on labels on imported distilled spirits which not less than 50 per cent is dried ing: “Vodka” is an alcoholic distillate bottled after importation by the person malted barley, and unmalted barley, (1) produced in a registered distillery, responsible for the importation, of the Wheat, oats, or rye grains, or the mini­ from a fermented mash of potatoes or address of such person’s principal place mum percentage of 100’ proof malt grain or both, distilled at 180° or more of business in lieu of the address of the whisky or whiskies distilled in pot stills proof but less than 190° proof, so dis­ place where such distilled spirits were at approximately 171" proof, from a tilled or treated as to be practically neu­ bottled. fermented mash of dried malted barley, tral in character, and packaged in metal 17. To amend sec. 38 (d) (27 CFR, now required in the alternative in containers or paraffin-lined barrels, Cum. Supp. 5.38 (d )) to authorize the FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946 14697 statement “colored with caramel” or a E q u i p m e n t , F ix t u r e s , S i g n s , S u p p l i e s , (iv) As used herein, the “reimbursing similar statement of coloring material M o n e y , S e r v ic e s a n d O t h e r T h i n g s o f industry member” includes all affiliates upon the labels of distilled spirits to V a l u e t o R e t a il e r s o f D is t il l e d of any industry member. which no coloring material other than S p i r it s , W i n e a n d M a l t B ev e r a g e s [ s e a l ] C a r r o l l E. M e a l e y , caramel has been added, in instances NOTICE OF HEARING W ITH RESPECT TO PRO­ Deputy Commissioner. where the words “artificially colored” are POSED AMENDMENTS [F. R. Doc. 46-21941; Filed, Dec. 26, 1946; now required. 8:50 a. m.] 18. To amend sec. 39 (a) (27 CFR, 5.39 Notice is hereby given, pursuant to the (a )), sec. 39 (c) (27 CFR, 5.39 (c )) and provisions of Section 5 of the Federal Al­ other pertinent sections of the regula­ cohol Administration Act (49 Stat. 981; 27 U. S. C. 250), of a public hearing to tions to provide that the labels of “blend­ DEPARTMENT OF THE INTERIOR. ed Scotch type whisky” and “blended be held in January 14,1947,'at 2:00 p. m. Irish type whisky” shall contain a state­ in the Great Hall of the Department of Office of Indian Affairs. ment of age, rather than a statement Justice Building, Washington, D. C., at U i n t a h I n d i a n I r r ig a t io n P r o j e c t , U t a h of storage, for any “v^hisky” therein which time and place ,#11 interested par­ which was distilled in the United States, ties will be afforded opportunity to be ORDER FIXING OPERATION AND MAINTENANCE heard, in person or by authorized repre­ and stored for three years or more in CHARGES sentative, with reference to a proposal, reused cooperage. the substance of which is stated below, to D e c e m b e r 19, 1946. 19. To amendjsec. 39 (a) (1) and (2) amend Regulations No. 6, relating to Pursuant to section 4 (a) of the Ad­ (27 CFR, 5.39 (a) (1) and (2 )) to au­ equipment, fixtures, signs, supplies, ministrative Procedure Act approved thorize the use, on the labels of “whisky”, money, services and other things of value June 11, 1946, Public Law 404, 79th “rye whisky”, “bourbon whisky”, “wheat to retailers of distilled spirits, wine and Congress; the Acts of Congress approved whisky”, “corn whisky”, ‘malt whisky” malt beverages. June 21, 1906 (34 Stat. 375), and March or “rye malt whisky” and on the labels Written data, views or arguments, rel­ 7, 1928 (45 Stat. 210; 25 U. S. C. 387), of any of the types of “straight whisky” evant and material to this proposal may and by virtue of authority delegated by except “blended straight whisky” of an be submitted in duplicate for incorpora­ the Secretary of the Interior to the Com­ age statement substantially the same as, tion into the record of said hearing (1) missioner of Indian Affairs September though not identical with, the statement by mailing the same addressed to the 14,1946 (11 F. R. 10297), notice is hereby now required. Deputy Commissioner in charge of the given of intention to amend § 130.77 of 20. To amend sec. 39 (a) (5) (27 CFR, Alcohol Tax Unit, Bureau of Internal Title 25, Code of Federal Regulations 5.39 (a) (5 )) to permit a statement of Revenue, Washington 25, D. C.: Provided, by increasing the operation and mainte­ the age and percentage of each of the That they are received prior to the ter­ nance assessment rate therein pre­ whiskies and straight whiskies in a “spirit mination of the hearing, or (2) by pre­ scribed from $1.00 per acre per annum whisky” to be made on the labels of such senting the same at the said hearing. to $1.35 per acre per annum on all Uintah whiskies. At the conclusion of the hearing a reason­ Indian irrigation project lands, the in­ 21. To amend sec. 39 (b) (27 CFR, able opportunity will be afforded inter­ crease to be effective beginning with the Cum: Supp., 5.39 (b )) and other pertinent ested parties for the examination of the irrigation season 1947 and to continue sections of the regulations to require that record and for the submission of briefs. In effect thereafter until further notice. age be stated on labels of all Scotch, Substance of proposal. To amend sec­ Interested persons are hereby given Irish and Canadian whiskies whether tion 3 (e) (27 CFR 6.3 (e )) an^ other opportunity to participate in preparing blended or unblended in the manner now pertinent sections of the regulations to the proposed amendment by submitting prescribed for American type whiskies or, authorize, as an exception to the require­ their views and data or arguments in in the alternative, to amend sec. 39 (a) ments of section 5 (b) (3) of the Federal writing to Mr. William Zeh, District Di­ (27 CFR, 5.39 (a )) and other pertinent Alcohol Administration Act (49 Stat. 981; rector, U. S. Indian Service, 4100 Rhoads sections of the regulations to authorize 27 U. S. C. 205 (b) (3 )), under certain Circle, Phoenix, Arizona, within 30 days the omission of age statements from conditions, an industry member to reim­ from the date of the publication of this labels of whiskies four years or more old burse a retailer for a percentage of the notice of intention in the daily issue of and to amend sec. 32 (27 CFR, 5.32) and cost to such retailer of any portion of a the F e d e r a l R e g is t e r . other pertinent sections of the regula­ newspaper advertisement, placed by such For the Commissioner. tions to require a statement of age to ap­ retailer, which relates specifically to pear on the brand label of all whiskies, products of such ¿industry member, by W a l t e r V . W o e h l k e , other than “blended whisky” or “spirit adding a new subparagraph to read sub­ ^ Chief, Resources Branch. whisky”, less than four years old regard­ stantially as follows: less of the country of origin. [F. R. Doc. 46-21914; Filed, Dec. 26, 1946; 22. To amend sec. 39 (c) (27 CFR, 5.39 (5) An industry member may reim­ 8:46 a. m.] (c )) to permit a statement of the ages burse a retailer for part of the actual cost a

curities are to be issued is the obtain- lstration, except insofar as the same may sets; and the acquisition of such assets ment of capital for the construction, ex­ be inconsistent with the provisions being exempt from the provisions of sec­ tension and improvement of operating hereof. tion 9 (a) (2) of the Public Utility Hold­ facilities, and for the payment of certain ing Company Act of 1935 by reason of the .bank loans; all as more fully appears in Issued this 26th day of December 1946. provisions of Rule U - l l of the Commis­ the application on file with the Com­ C iv il ia n P ro ductio n sion; and mission. A dministration , The Commission having considered Any person desiring to be heard or to By J. J o se ph W h e l a n , said application and amendment thereto make any protest with reference to said Recording Secretary. and the reasons in support thereof, and application should, on or before the 11th it appearing to the Commission that an day of January 1947, file with the Fed­ [F. R. Doc. 46-21986; Filed, Dec. 26, 1946’ 11:22 a. m.] extension of the order of effectiveness of eral Power Commission, Washington 25, said exemption should be granted : D. C., a petition or protest in accord­ It is ordered, That the period of effec­ ance with the Commission’s rules of tiveness of the Commission’s order of practice and procedure. SECURITIES AND EXCHANGE COM­ April 4, 1945, which order modified and [ s e a l] L e o n M . F u q u a y , MISSION. extended the period of effectiveness of Secretary. an order dated March 16, 1938, pursuant [File No. 31-174] [P. R. Doc. 46-21912; Piled, Dec. 26, 1946; to section 3 (a) (3) of said act with 8:52 a. m.] G eneral E lectric C o . et a l . respect to General Electric Company, Electrical Securities Corporation and g ! ORDER GRANTING EXTENSION OF EXEMPTION E. Employees Securities Corporation, be At a regular session of the Securities and hereby is extended to the close of and Exchange Commission, held at its OFFICE OF TEMPORARY CONTROLS. business on December 31, 1947 and that office in the City of Philadelphia, Pa., on until such date, General Electric Com­ Civilian Production Administration. the 19th day of December A. D. 1946. pany, Electrical Securities Corporation In the matter of General Electric Com­ (as long as it remains a corporate en­ [C-467] pany, Electrical Securities Corporation, tity) and G. E. Employees Securities S a m u e l L. S pit z and G.JE. Employees Securities Corpora­ Corporation be and they hereby are tion, File No. 31-174. exempted from all those provisions CONSENT ORDER General Electric Company, Electrical of the Public Utility Holding Com­ Samuel L. Spitz is the operator of a Securities Corporation and G. E. Em­ pany Act of 1935 which, as the re­ retail florist shop formerly located at 822 ployees Securities Corporation, direct or sult of their present holdings of Prior Kings Highway, Brooklyn, New York. He indirect owners of 307,005 shares of com­ Lien Preferred, Preferred and Common is charged by the Civilian Production mon stock and 35,000 shares of Prior stocks of New England Public Service Administration with violation of Veter­ Lien Preferred and Preferred stocks of Company, would require them to register ans’ Housing Program Order 1 in that New England Public Service Company, under said act as a public-utility hold­ (1) on or about November 11, 1946, he a registered holding company, constitu­ ing company; and began construction, repairs, additions ting 23.69% and 2.7%, respectively, of It is further ordered, That the juris­ and alterations, without authorization, the total voting securities of said com­ diction of the Commission be and hereby and at a cost in excess of $1,000, in a pany, having filed an application, and is further reserved for the purpose of commercial building located at 910 Kings amendment thereto, for an extension to modifying or revoking this order, after Highway, Brooklyn, New York; (2) on December 31,1947 of the period of effec­ notice and opportunity for hearing, as and after November 11, 1946, he carried tiveness of the exemption granted them the public interest or the interest of in­ on construction, repairs, additions and pursuant to section 3 (a) (3) of the vestors or consumers may warrant. alterations, without authorization and at Public Utility Holding Company Act of By the Commission. a cost in excess of $1,000 in a commercial 1935 by the Commissioner’s Orders of building located at 910 Kings Highway, March 16,1938, August 18,1941, Septem­ [ s e a l ] O rval L. D u B o is, Brooklyn, New York. ber 14, 1942, August 26, 1943 and April 4, Secretary. Samuel'L. Spitz admits the violations 1945, alleging that for various reasons it has been and now is impracticable to [F. R. Doc. 46-21873; Filed, Dec. 24, 1946; charged and has consented to the issu­ 8:48 a. m.] ance of this order. effectuate the sale of any of their hold­ Wherefore, upon the agreement and ings in the Prior Lien Preferred and Pre­ consent of Samuel L. Spitz, the Regional ferred stocks of New England Public Compliance Director and the Regional Service Company, and offering to extend [File No. 1-2341] for such period as .the Commission may Attorney, and upon the approval of the R e p u b l ic of P anam a Compliance Commissioner, It is hereby extend the exemption, their agreement ordered, That: to refrain from disposing, of the common ORDER GRANTING APPLICATION TO STRIKE (a) Neither Samuel L. Spitz, his suc­ stock of New England Public Service FROM LISTING AND REGISTRATION cessors and assigns, nor any other person Company until the Commission has ap­ At a regular session of the Securities shall do any further construction on the proved a plan of reorganization for that and Exchange Commission, held at its premises located at 910 Kings Highway, company or until specific approval of office in the City of Philadelphia, Pa., on Brooklyn, New York, including the put­ such disposition is granted by the Comí the 19th day of December A. D. 1946. ting up, completing or altering of any of mission; and The New York Stock Exchange, pur­ the structures located on said premises, The Commission having been advised suant to section 12 (d) of the Securi­ unless hereafter specifically authorized that General Electric Company proposes ties Exchange Act of 1934 and Rule X- in writing by the Civilian Production to liquidate and dissolve the business of 12D2-1 (b) promulgated thereunder, Administration. its wholly-owned subsidiary, Electrical having made application to strike from (b) Samuel L. Spitz shall refer to this Securities Corporation, through the listing and registration that portion of order in any application or appeal which transfer to General Electric Company the issue of 5% External Sinking Fund he may file with the Civilian Production of all the securities and other assets now Gold Bonds, Series A, due May 15, 1963, Administration for priorities assistance held by Electrical Securities Corporation of the Republic of Panama that has not or for authorization to carry on construc­ in consideration of the surrender by Gen­ been stamped to show acceptance of a tion. eral Electric Company of all the out­ readjustment plan of_1933 or stamped (c) Nothing contained in this order standing common stock of Electrical to show acceptance o*f a readjustment shall be deemed to relieve Samuel L. Securitiés Corporation now owned by plan of 1940; General Electric Company and the as­ Spitz, his successors and assigns, from After appropriate notice, a hearing sumption by General Electric Company any restrictions, prohibition or provision having been held in this matter; and of all the liabilities and indebtednesses The Commission having considered contained in any other order or regula­ of Electrical Securities Corporation not said application together with the evi­ tion of the Civilian Production Admin- discharged prior to such transfer of as- dence introduced at said hearing, and /

FEDERAL REGISTER, F r i d a y , D e c e m b e r 27, 1946 14699 having due regard for the public inter­ declaration and having requested fur­ and it hereby is permitted to become est and the protection of investors; ther hearings for the stated purpose of effective forthwith, and that the proceed­ It is ordered, That said application be showing that the aforesaid plan of re­ ing under section 15 (b) of the act be and the same is hereby granted, effective organization is no longer fair; and it hereby is discontinued. at the close of the trading session on De­ The Commission having considered By the Commission. cember 30, 1946. the record and argument afid the re­ quest of the aforementioned committee [ se al] O rval L. D u B o is , By the Commission. and having issued its findings and opin­ Secretary. [ seal] O rval L. D u B o is, ion herein; It is hereby ordered: [F. R. Doc. 46-21916; Filed, Dec. 26, 1946; Secretary. 1. The aforementioned declaration, as 8:51 a. m.] amended, be and hereby is permitted to [F . R. Doc. 46-21874; Filed, Dec. 24, 1946; become effective subject, however, to the 8:49 a. m.] conditions specified in Rule U-24 pro­ mulgated pursuant to the act, and to [File No. 70-1412] the further condition that fees shall not I n d ia n a G as & W ater C o . I n c . [File No. 54-81] be paid to the managers of the afore­ mentioned dealers’ group or to partic­ NOTICE REGARDING FILING M iddle W est C orp. et a l. ipating dealers in respect of deposits of At a regular session of the Securities ORDER PERMITTING DECLARATION TO BECOME stocks beneficially owned by either the and Exchange Commission, held at its EFFECTIVE managers or any of the participating office in the City of Philadelphia, Pa., on At a regular session of the Securities dealers; the 20th day of December A. D. 1946. and Exchange Commission, held at its 2. The managers of the dealers’ group Notice is hereby given that Indiana office in the City of Philadelphia, Pa., and participating dealers be and hereby Gas & Water Company, Inc. (“Gas*-Wa­ on the 18th day of December A. D. 1946. are exempted from the provisions of ter”), a public utility subsidiary of Pub­ In the ^matter of The Middle West paragraph (g) of Rule U-62 promulgated \ lic Service Company of Indiana, Inc. and Corporation, Central and South West pursuant "to the act, and the transactions an indirect subsidiary of The Middle Utilities Company, and American Public covered by the declaration be and hereby West Corporation, a registered holding Service Company, Pile No. 54-81. are exempted from additional provisions company has filed an application pur­ The Middle West Corporation (“Middle of Rules U-62 and U-65 to the extent suant to section 6 (b) of the Public West”) , its subsidiary, Central and that such transactions are inconsistent Utility Holding Company Act of 1935. South West Utilities Company (“Cen­ with such provisions; Notice, is further given that any in­ tral”) , and the latter’s subsidiary, Ameri­ 3. The aforementioned request made terested person may, not later than Jan­ can Public Service Company (“Ameri­ by the committee of public holders of the uary 6, 1947, at 5:30 p. m., e. s. t., re­ common stock of Central • for further can”) , all of whom are registered holding quest the Commission in writing that a companies, having filed a joint declara­ hearings be and hereby is denied; hearing be held on such matter, stating tion with amendments, stating that (1) 4. The time within which the trans­ the nature of his interest, the reasons actions proposed in the aforementioned Central proposes to mail a letter, on or for such request and the issues, if any, plan of reorganization may be consum­ about December 30, 1946, to public hold­ of fact or law raised by said application ers of Central’s $7 Prior Lien and $7 mated be and Jiereby is extended to Feb­ proposed to be controverted, or may re­ Preferred Stocks and of American’s 7% ruary 19,1947; quest that he be notified if the Commis­ Preferred Stock (collectively referred to 5. Jurisdiction is reserved to the Com­ sion should order a hearing thereon. At as “preference stocks”), notifying those mission to determine the reasonableness any time thereafter such application, as holders who desire to exchange their of such expenses and fees (other than the filed or as amended, may be granted as stock for Common stock of Central and designated compensation to dealers provided in Rule U-23 of the rules and South West Corporation, as provided in noted above) as may be payable in con­ regulations promulgated pursuant to a plan of reorganization approved pur­ nection with the proposed solicitation, said act, or the Commission may exempt including the managers’, expenses and suant to section 11 (e) of the Public such transaction as provided in Rules attorneys’ fees. Utility Holding Company Act (“the U-20 (a) and U-100 thereof. Any such Act”), to deposit their stock certificates By the Commission. request should be addressed: Secretary, with one of the designated exchange Securities and Exchange Commission, f seal] O rval L. D u B o is , • agencies prior to the close of business Secretary. 18th and Locust Streets, Philadelphia on January 17, 1947, Central reserving 3, Pennsylvania. the right to extend the deposit period for [F. R. Doc. 46-21915; Filed, Dec. 26, 1946; All interested persons are referred to not exceeding four days, and (2) that 8:52 a. m.] said application which is on file in the Central further proposes to enter into office of this Commission, for a state­ an agreement with Lehman Brothers ment of the transactions therein pro­ and Lazard Freres & Co. to form and G uttag B ros. posed, which are summarized below: manage a group of securities dealers to Gas-Water proposes to issue $990,000 ORDER PERMITTING WITHDRAWAL OF REGIS­ solicit deposits from public holders of aggregate principal amount of its first TRATION AND DISCONTINUING PROCEEDING the aforementioned preference stocks, mortgage bonds, 3%, series due 1972, one said dealers (including the managers) to At a regular session of the Securities half of said principal amount to be issued be paid a fee of $1.75 per share on de­ and Exchange Commission, held at its of­ to each of two life insurance companies, posits they procuré of Central’s $7 Prior fice in the City of Philadelphia, Pa., on viz., Aetna Life Insurance Company and Lien Stock and American’s 7% Pre­ the 18th day of December A. D. 1946. New England Mutual Life Insurance ferred Stock and $3.25 per share on The Commission having instituted pro­ Company. Said bonds are to be issued deposits of Central’s $7 Preferred Stock, ceedings under section 5 (b) of the Se­ under and secured by a supplemental in­ said fees to be reduced by one-half in curities Exchange Act of 1934 to deter­ denture under the indenture securing the the event that the exchanges provided mine whether the registration of Julius company’s outstanding 3 Va % first mort­ for in the aforesaid plan of reorganiza­ Guttag, doing business as Guttag Bros., gage bonds. Gas-Water proposes to sell tion are not consummated, and said as a broker and dealer should be revoked; the said bonds for an aggregate principal managers of the dealers’ group to be A hearing having been held after ap­ amount of $998,712 plus accrued interest. reimbursed for reasonable out-of-pocket propriate notice, and said respondent The net proceeds, after deducting fees expenses, including fees and expenses of having appeared and requested permis­ and expenses estimated at $19,414, which counsel, but not to be paid any compen­ sion to withdraw his registration; amount includes »fin d er’s fee of $7,500, sation for their services as managers; The Commission having been duly a d -' are proposed to be used to refund the A hearing and argument having been vised and having this day issued its find­ note indebtedness of Gas-Water pres­ held before the Commission, and a com­ ings and opinion; ently outstanding in the principal mittee representing public holders of It is ordered, Pursuant to section 15 (b) amount of $500,000, and for additions to Central’s common stock having stated of the Securities Exchange Act of 1934, the company’s gas and water utility their opposition to the aforementioned that withdrawal of said registration be facilities. 14700 F E D E R A L R E G I S T E R , F r i d a y , D e c e m b e r 27, 1946

The application states that the pro­ North American requests that the Com­ for consideration by the Commission posal is subject to the approval of the mission find that the foregoing trans­ without prejudice, however, to the pres- Public Service Commission of Indiana, action does not require compliance with entation of additional matters and to which commission application for ap­ Rule U-50 and that it may be exempted questions upon further examination; proval of the said transaction has been from the provisions of paragraphs (b) (1) Whether the proposed transaction made, and that when said Commission and (c) of said Rule U-50. is detrimental to the public interest or issues its order with respect thereto a The entire proceeds of the sale will be the interest of investors or consumers. copy thereof will be filed herein by applied by North American to the pre­ (2) Whether the consideration to be amendment. payment without premium of a portion received by North American is reason­ Applicant requests that the Commis­ of its Bank Loan Notes of Series G In able. sion’s order granting the application be accordance with the terms of such Notes (3) Whether the requested exemption issued on or before January 15,1947, and and for the consideration specifically from the requirements of paragraphs (b) become effective forthwith so that the designated therein. Such proposed pre­ and (c). of Rule U-50 should be granted. transaction proposed in said application payment is regarded by North American (4) What conditions, if any, should be may be consummated prior to January as being exempt from the requirements imposed in the public interest or for the 24,1947. of Rule U-42 (a) by virtue of Rule U-42 protection of investors or consumers. By the Commission. (b) (2). It is further ordered, That particular It is represented by North American attention be directed at said hearing to [SEAL] ORVAL L. DUBOIS, that no fees or commissions will be paid/ the foregoing matters and questions. Secretary. in connection with the proposed transac­ It is further ordered, That any person [F. R. Doc. 46-21917; Piled, Dec. 26, 1946; tions and it is estimated that expenses desiring to be heard in these proceedings 8:S1 a. m.J will aggregate $6,000, representing $5,000 shall file with the Secretary of the Com­ of legal fees and $1,0000 of miscellaneous mission on or before January 14, 1947, expenses. his request or application therefor as North American requests that any provided by Rule X V II of the Commis­ [Pile No. 70-1420] order of the Commission approving the sion’s rules of practice. proposed transactions conform to the re­ It is further ordered, That Robert P. N orth A m e r ic a n C o . quirements of Supplement R and section Reeder, or any other officer or officers NOTICE OF FILING AND ORDER FOR HEARING 1808 (f) of the Internal Revenue Code, of the Commission designated by it for as amended. that purpose, shall preside at the hearing At a regular session of the Securities It appearing to the Commission that it above ordered. The officer so designated and Exchange Commission, held at its is appropriate in the public interest and to preside at the hearing is hereby au­ office in the City of Philadelphia, Pa., in the interests of investors and consum­ thorized to exercise all powers granted an the 20th day of December 1946. ers that a hearing be held with respect to the Commission under section 18 (c) Notice is hereby given that The North to said application-declaration, and that of said act and to a hearing officer under American Company (“North Ameri­ said application should not be granted the Commission’s rules of practice. can”), a registered holding company, and said declaration not permitted to be­ It is further ordered, That the Secre­ has filed an application-declaration come effective except pursuant to further tary of the Commission shall serve notice pursuant to the Public Utility Holding order of this Commission; of the aforesaid hearing by mailing a Company Act of 1935. North American It is ordered, That a hearing on said copy of this notice and order by regis­ has designated sections 12 (c) and 12 application-declaration under the ap­ tered mail to The North American Com­ (d) of the act and Rulqs U-42, U-44 and plicable provisions of the Act and the pany, the Public Service Commission of U-50 of the rules and regulations pro­ Rules and Regulations of the Commis­ Missouri, the City of St. Louis, Missouri, mulgated thereunder as being applicable sion promulgated thereunder be held on the County of St. Louis, Missouri, the to the proposed transactions. January 16, 1947, at 10:00 a. m., e. s. t., League of Municipalities of St. Louis All interested persons are referred to at the office of the Securities and Ex­ County, Missouri, The Laclede Gas Light said application-declaration, which is on change Commission, 18th and Locust Company, and C. S. Mott, and that no­ file in the office of this Commission, for Streets, Philadelphia 3, Pennsylvania. tice shall be given to all other persons a statement of the transactions therein On such date the hearing room clerk in by general release of this Commission proposed, which may be summarized as Room 318 will advise as to the room in which shall be. distributed to the press follows: which such hearing will be held. At such and mailed to persons on the Commis­ North American and The Laclede Gas hearing cause shall be shown why said sion’s mailing list for releases under the Light Company (“Laclede”), a non- Public Utility Holding Company Act of application should be granted and said affiliate, have entered into an agree­ 1935, and that further notice shall be declaration be permitted to become ef­ ment, dated December 5, 1946, whereby given to all persons by publication of this fective. North American proposes to sell to La­ notice and order in the F ederal R egister. clede its holdings of 41,000 shares of The Public Utilities Division of the By the Commission. Capital Stock (representing the entire Commission having advised the Commis­ amount of such stock issued and out­ sion that it has made a preliminary ex­ [ seal] O rval L. DtrBois, standing) of The St. Louis County Gas amination of the application-declaration, Secretary. Company for a cash consideration of and that, on the basis thereof, the follow­ [r. R. Doc. 46-21918; Piled, Dec. 26, 1946; $11,250,000 (with certain adjustments), ing matters and questions are presented 8:51 a. m.J