TITLE 3--THE PRESIDENT EXECUTIVE ORDER 10483
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CIA-RDP80B01676R002700040039-9
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Original Classification:
K
Document Page Count:
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Document Creation Date:
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Document Release Date:
June 10, 2003
Sequence Number:
39
Case Number:
Publication Date:
September 5, 1953
Content Type:
REGULATION
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Approved For Fele 2003/06/18 CIA-RDP80B0106R00 0040039-9
~-~1`0NAL 4,t~cti
UTTERA IL
SCRIPTA
FEDFllAtjjREGISTER
?
V OLUME 18 ~yF 1934 ~ NUMBER 175
UNITED C, -
Washington, Saturday, September 5, 1953
a
v
se
oar
e
at
EXECUTIV
E
ORDER 10483 its request.
ESTABLISHING THE OPERATIONS SEC. 2. The National Security Council
COORDINATING BOARD having recommended a national security
By virtue of the authority vested in me policy and the President having ap-
by the Constitution and statutes, and as proved it, the Board shall (1) whenever
THE PRESIDENT
Executive . Order
Page
Establishing the Operations Co-
ordinating Board_____________
5379
President of the United States, it is the President shall hereafter so direct, EXECUTIVE AGENCIES
hereby ordered as follows: advise with the agencies concerned as
to (a) their detailed operational plan-
SECTION 1. (a) In order to provide ning responsibilities respecting such See Production and Marketing
for the integrated implementation of policy, (b) the coordination of the inter- Administration.
national security policies by the several departmental aspects of the detailed op- Air Force Department
agencies, there is hereby established an erational plans developed by the agencies Rules and regulations:
Operations Coordinating Board, herein- to carry out such policy, (c) the timely Air Force installations, use of by
after referred to as the Board, which and coordinated execution of such policy other than Air Force aircraft;
shall report to the National Security and plans, and (d) the execution of each revision_______________ _ 5384
Council. security action or project so that it shall U. S. Air Force bases overseas,
(b) The Board shall have as members make its full contribution to the at- use of by civil aircraft (do-
the following: (1) the Under Secretary tainment of national security objectives mestic or foreign); revoca-
of State, who shall represent the Secre- and to the particular climate of opinion tion----------------- ------ 5388
tary of State and shall be the chairman the United States is seeking to achieve in Civil Service Commission
of the Board, (2) the Deputy Secretary the world, and (2) initiate new proposals Rules and regulations:
of Defense, who shall represent the Sec- for action within the framework of na-
of H ns
retary of Defense, (3) the Director of tional security policies in response to from; Competitive Department of Health,
the Foreign Operations Administration, opportunity and changes in the situa- a(4) the Director of Central Intelligence, tion. The Board shall perform such Education, and Welfare____ 5380
and (5) a representative of the President other advisory functions as the President Customs Bureau
to be designated by the President. Each may assign to it and shall from time to Rules and regulations:
head of agency referred to in items (1) time make reports to the National Secu- Packing and stamping; mark-
to (4), inclusive, in this section 1 (b) rity Council with respect to the carry- ing; trade-marks and trade
may provide for an alternate member ing out of this order, names; copyrights; method of
who shall serve as a member of the marking____________________ 5382
Board in lieu of the regular member rep- _ SEC. 3. Consonant with law, each
yond his control unable to attend any effectuating this order, furnish assist- Federal Communications Com-
Com-
meeting of the Board; and any alternate ance to the Board in accordance with mission
member shall while serving as such have section 214 of the Act of May 3, 1945, 59 Notices:
in all respects the same status as a Stat. 134 (31 U. S. C. 691). Such assist- Hearings, etc.:
member of the Board as does the regu- ance may include detailing employees to Azalea Broadcasting Co_____ 5393
lar member in lieu of whom he serves. the Board, one of whom may serve as its Globe Wireless, Ltd --------- 5393
(c) The head of any agency (other Executive Officer, to perform such func- Radio Wisconsin, Inc., and
than any agency represented under sec- tions, consistent with the purposes of Badger Television Co., Inc- 5393
tion 1 (b) hereof) to which the President this order, as the Board may assign to Federal Power Commission
from time to.time assigns responsibil- them.
ities for the implementation of national Notices:
security policies, shall assign a repre- SEC. 4. The Psychological Strategy Hearings, etc.:
sentative to serve on the Board when Board shall be abolished not later than Cities Service Gas Co------- 5395
the Board is dealing with subjects bear- sixty days after the date of this order Montana-Dakota Utilities Co_ 5394
ing directly upon the responsibilities of and its outstanding affairs shall be wound Natural Gas Pipeline Co.
such head. Each such representative up by the Operations Coordinati of America--------------- 5394
ng
sucn representative snail have the same "agency" '-"' ?'" ~????ui> "it; wuru Foreign Operations Adminis-
status on the Board as the members may be construed to mean any
tration
provided for in the said section 1 (b). instrumentality strumentality of Rules and regulations:
(d) The Special Assistant to the Pres- the Government, the including executive branch any execu- Ocean shipments of supplies by
ident for National Security Affairs may tive department. voluntary nonprofit relief
attend any meeting of the Board. The (Continued on next page) agencies____________________ 5382
5379
TITLE 3-THE PRESIDENT Director of the United states informa-
tion CONTENTS
shall
d
i
th
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d
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z7O(
4,60m, ,
FEDERAL lEGISTER
Published daily, except Sundays, Mondays,
and days following official Federal holidays,
by the Federal Register Division, National
Archives and Records Service, General Serv-
ices Administration, pursuant to the au-
thority contained in the Federal Register
Act, approved July 26, 1935 (49 Stat. 500, as
amended; 44 U. S. C., ch. 8B), under regula-
tions prescribed by the Administrative Com-
mittee of the Federal Register, approved by
the President. Distribution is made only by
the Superintendent of Documents, Govern-
ment Printing Office, Washington 25, D. C.
The regulatory material appearing herein
is keyed to the Code of Federal Regulations,
which is published, under 50 titles, pursuant
to section 11 of the Federal Register Act, as
amended June 19, 1937.
The FEDERAL REGISTER will be furnished by
mail to subscribers, free of postage, for $1.50
per month or $15.00 per year, payable in
advance. The charge for individual copies
(minimum 15?) varies in proportion to the
size of the issue. Remit check or money
order, made payable to the Superintendent
of Documents, directly to the Government
Printing Office, Washington 25, D. C.
There are no restrictions on the republica-
tion of material appearing in the FEDERAL
REGISTER.
Now Available
UNITED STATES
GOVERNMENT
ORGANIZATION
MANUAL
1953-54 Edition
(Revised through July 1)
Published by the Federal Register Division,
the National Archives and Records Service,
General Services Administration
734 pages-$1.00 a copy
Order from Superintendent of Documents,
United States Government Printing Office,
Washington 25, D. C.
CONTENTS-Continued
Foreign Operations Adminis-
tration-Continued
Rules and regulations-Con.
Registration of agencies for vol-
untary foreign aid--___--___
Internal Revenue Service
Proposed rule making:
Exclusion of certain nondis-
tributable income in comput-
ing special surtax on personal
holding companies --------__
Interstate Commerce Commis-
sion
Notices :
Applications for relief:
Barite ore from Laredo, Tex.,
to points in Texas --------
Various commodities:
Between points in Texas
and points in official and
southern territories_____
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THE PRESIDENT
Interstate Commerce Commis- Page
sion-Continued
Notices-Continued
Applications for relief-Con#.
Various commodities-Cbn.
From trunk-line and !New
England territories to
southern, central and
western trunk-line terri-
tories _____________ ____ 5395
Fernwood, Columbia & Gulf
Railroad Co.; rerouting and
diversion of traffic ---------- 5396
Rules and regulations:
Lease and interchange of ve-
hicles by motor carriers,---- 5388
Production and Marketing Ad-
ministration
Notices :
Peanuts; redelegation of final
authority by Georgia State
Production and Marketing
Administration Committee
regarding marketing quota
regulations for 1953 crop----
Proposed rule making:
Milk handling in San Antonio,
Tex.; extension of time for
filing exceptions_____________
Pears, certain varieties, grown
in Oregon, Washington, and
California; expenses and rate
of assessment for 1953-$4 fis-
cal period------------------ 5392
Potatoes:
Irish, grown in Colorado; pro-
posed budgets and rates of
assessments--------------
Peeled white ; U. S. standards
for grades________________
Tobacco, cigar-filler, cigar-filler
and binder and Maryland;
marketing quotas for 1954-55
marketing year -------
Rules and regulations:
5393
5389
Title 5
Chapter I:
Part 6----------------------- 5380
Title 7
Chapter I:
Part52 (proposed) ------------- 5389
Chapter VII:
Part 723 (proposed ------------ 5391
Part 727 (proposed) ----------- 5391
Part 939
Part 949
Part 953
Part 958
Title 19
Chapter I:
(proposed) ----------- 5392
(proposed) ----------- 5393
(2 documents) -------- 15381
(proposed) ----------- :5393
Part 11----------------------- 5382
Title 2'1
Chapter I:
Part 97---------------------- 5382
Part 98---------------------- 5382
Chapter II:
Part 202--------------------- 5382
Part 203--------------------- 5383
Title 26
Chapter I:
Part 19 (proposed) ------------ 5388
Part 29 (proposed) ------------ 5388
Title 32
Chapter VII:
Part 822--------------------- 5384
Part 823_____________________ 5388
Title 49
Chapter I:
Part 207--------------------- 5388
SEc. 6. Nothing in this order shall be
construed either to confer upon the
Board any function with respect to in-
ternal security or to in any manner
abrogate or restrict any function vested
by law in, or assigned pursuant to law
to, any agency or head of agency (in-
cluding the office of Defense Mobiliza-
tion and the Director of the Office of
Defense Mobilization).
DWIGHT D. EISENHOWER
THE WHITE HOUSE,
September 2, 1953.
[F. R. Doc. 53-7812; Filed, Sept. 3, 1953;
4:03 p. In.]
Lemons grown in California and
Arizona ; limitation of ship-
ments (2 documents) -------- 5381
Securities and Exchange Com-
mission
Notices :
Columbia Gas System, Inc.;
order authorizing issuance
and sale of securities 1 y sub-
sidiaries to parent companies_ 5394
State Department
Rules and regulations:
Ocean shipments of supplies by
voluntary nonprofit relief
agencies; cross reference---- 5382
Registration of agencies for
voluntary foreign aid; cross
reference ------------------- 5382
Treasury Department
See Customs Bureau; Internal
RULES AND
REGULATIONS
TITLE 5-ADMINISTRATIVE
PERSONNEL
5388
Revenue Service.
ter I-Civil Service Commission
Ch
CODIFICATION GUIDE
ap
PART 6-EXCEPTIONS FROM THE
A numerical list of the parts of the Code
of Federal Regulations affected by documents
published in this issue. Proposed rules, as
opposed to final actions, are identified as
COMPETITIVE SERVICE
DEPARTMENT OF HEALTH, EDUCATION, AND
WELFARE
5396
such.
Effective upon publication in the FED-
Title 3 Page
Chapter II (Executive orders) :
ERAL REGISTER, the position listed below is
excepted from the competitive service
hedule C
S
d
5396
10483------------------------- 5379
.
er
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CONTENTS-Continued - CODIFICATION GUIDE-Cori.
?
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Saturday, September 5, 1953 FEDERAL REGISTER
? 6.323 Department of Health, Edu-
cation, and Welfare-(a) Office of the
Secretary. * * *
(6) One Assistant to the Secretary.
(R. S. 1753, sec. 2, 22 Stat. 403; 5 U. S. C. 631,
633. E. O. 10440, March 31, 1953, 18 F. R.
1823)
UNITED STATES CIVIL SERV-
ICE COMMISSION,
[SEAL] WM. C. HULL,
Executive Assistant.
IF R. Doe. 53-7774; Filed, Sept. 4, 1953;
[Lemon Reg. 501]
PART 953-LEMONS GROWN IN CALIFORNIA
AND ARIZONA
LIMITATION OF SHIPMENTS
? 953.608 Lemon Regulation 501-(a)
Findings. (1) Pursuant to the market-
ing agreement, as amended, and Order
No. 53, as amended (7 CFR Part 953),
regulating the handling of lemons grown
in the State of California or in the State
of Arizona, effective under the applica-
ble provisions of the Agricultural Mar-
TITLE 7-AGRICULTURE
Chapter IX-Production and Mar-
keting Administration (Marketing
Agreements and Orders), Depart-
ment of Agriculture
[Lemon Reg. 500, Amdt. 11
PART 953-LEMONS GROWN IN CALIFORNIA
AND ARIZONA
LIMITATION OF SHIPMENTS
? Findings. 1. Pursuant to the market-
ing agreement, as amended, and Order
No. 53, as amended (7 CFR Part 953),
regulating the handling of lemons grown
in the State of California or in the State
of Arizona, effective under the applicable
provisions of the Agricultural Marketing
Agreement Act of 1937, as amended, and
upon the basis of the recommendation
and information submitted by the Lemon
Administrative Committee, established
under the said amended marketing
agreement and order, and upon other
available information, it is hereby found
that the limitation of the quantity of
such lemons which may be handled, as
hereinafter provided, will tend to effec-
tuate the declared policy of the act.
2. It is hereby further found that it is
impracticable and contrary to the public
interest to give preliminary notice and
engage in public rule making procedure,
and postpone the effective date of this
regulation until 30 days after publi-
cation thereof in the FEDERAL REGISTER
(60 Stat. 237; 5 U. S. C. 1001 et seq.)
because the time intervening between
the date when information upon which
this amendment is based became avail-
able and the time when this amendment
must become effective in order to effectu-
ate the declared policy of the Agricul-
tural Marketing Agreement Act of 1937,
as amended, is insufficient, and this
amendment relieves restriction on the
handling of lemons grown in the State of
California or in the State of Arizona.
Order, as amended. The provisions in
paragraph (b) (1) (ii) of ? 953.607
(Lemon Regulation 500, 18 F. R. 5163)
are hereby amended to read as follows:
(ii) District 2, 300 carloads.
(Sec. 5, 49 Stat. 753, as amended; 7 U. S. C.
and Sup. 608c)
Done at Washington, D. C., this 2d day
of September, 1953.
[SEAL] FLOYD F. HEDLUND,
Acting Director, Fruit and Vege-
table Branch, Production and
Marketing Administration.
IF. R. Doe. 53-7781; Filed, Sept. 4, 1953;
8:49 a. m.]
amended (7 U. S. C. 601 et seq.) , and
upon the basis of the recommendation
and information submitted by the
L e m o n Administrative Committee,
established under the said amended
marketing agreement and order, and
upon other available information, it is
hereby found that the limitation of the
quantity of such lemons which may be
handled, as hereinafter provided, will
tend to effectuate the declared policy of
the act.
(2) It is hereby further found that it
is impracticable and contrary to the pub-
lic interest to give preliminary notice,
engage in public rule-making procedure,
and postpone the effective date of this
section until 30 days after publication
thereof in the FEDERAL REGISTER (60 Stat.
237; 5 U. S. C. 1001 et seq.) because the
time intervening between the date when
information upon which this section is
based became available and the time
when this section must become effective
in order to effectuate the declared policy
of the act is insufficient, and a reasonable
time is permitted, under the circum-
stances, for preparation for such effec-
tive time; and good cause exists for
making the provisions of this section
effective as hereinafter set forth. Ship-
ments of lemons, grown in the State of
California or in the State of Arizona,
are currently subject to regulation pur-
suant to said amended marketing agree-
ment and order; the recommendation
and supporting information for regula-
tion during the period specified in this
section was promptly submitted to the
Department after an open meeting of the
Lemon Administrative Committee on
September 2, 1953, such meeting was
held, after giving due notice thereof to
consider recommendations for regula-
tion, and interested persons were af-
forded an opportunity to submit their
views at this meeting; the provisions of
this section, including its effective time,
are identical with the aforesaid recom-
mendation of the committee, and in-
formation concerning such provisions
and effective time has been disseminated
among handlers of such lemons; it is
necessary, in order to effectuate the de-
clared policy of the act, to make this sec-
tion effective during the period herein-
after specified; and compliance with this
section will not require any special prep-
aration on the part of persons subject
thereto which cannot be completed by
the effective time of this section.
(b) Order. (1) The quantity of lemons
grown in the State of California or in
the State of Arizona which may be han-
dled during the period beginning at 12: 01
a. m., P. s. t., September 6, 1953, and
ending at 12:01 a. m., P. s. t., September
13, 1953, is hereby fixed as follows:
(i) District 1: Unlimited movement;
(ii) District 2: 200 carloads;
(iii) District 3: Unlimited movement.
(2) The prorate base of each handler
who has made application therefor, as
provided in the said amended marketing
agreement and order, is hereby fixed in
accordance with the prorate base sched-
ule which is attached hereto and made a
part hereof by this reference.
(3) As used in this section, "handled,"
"handler," "carloads," "prorate base,"
"District 1," "District 2" and "District
3," shall have the same meaning as when
used in the said amended marketing
agreement and order.
(Sec. 5, 49 Stat. 753, as amended; 7 U. S. C.
and Sup. 608c)
Done at Washington, D. C., this 3d
day of September 1953.
[SEAL] FLOYD F. HEDLUND,
Acting Director, Fruit and Vege-
table Branch, Production and
Marketing Administration.
PRORATE BASE SCHEDULE
DISTRICT NO. 2
[Storage date: August 30, 19531
112: 01 a. m. September 6, 1953, to 12:01 a. m.
September 20, 1953]
Prorate base
Handler (percent)
Total ----------------------- 100.000
American Fruit Growers, Inc.,
Corona -------------------------
American Fruit Growers, Inc., Ful-
lerton --------------------------
American Fruit Growers, Inc., Up-
.198
.518
land---------------------------- .133
Consolidated Lemon Co------------ .919
Ventura Coastal Lemon Co--------- 1. 295
Ventura Pacific Co----------------- 2.608
Chula Vista Mutual Lemon Associa-
tion ----------------------------
Index Mutual Association ----------
La Verne Cooperative Citrus Associa-
tion ----------------------=-----
Ventura County Orange & Lemon
Association ---------------------
Glendora Lemon Growers Associa-
.635
.331
2.501
3.008
tion ---------------------------- 1.367
La Verne Lemon Association------- .675
La Habra Citrus Association-_-____- .836
Yorba Linda Citrus Association____- .798
Escondido Lemon Association------- 2. 394
Cucamonga Mesa Growers ---------- .905
Etiwanda Citrus Fruit Association--- .280
San Dimas Lemon Association--__-_ .999
Upland Lemon Growers Association- 5. 152
Central Lemon Association--------- 1. 002
Irvine Citrus Association ----------- .968
Placentia Mutual Orange Associa-
tion ---------------------------- .508
Corona Citrus Association ---------- .203
Corona Foothill Lemon Co---------- 2.008
Jameson Co----------------------- .788
Arlington Heights Citrus Co-------- .395
College Heights Orange & Lemon As-
sociation------------------------ 3.829
Chula Vista Citrus Association, The.. 1. 004
Escondido Cooperative Citrus Asso-
ciation-------------------------- .181
Fallbrook Citrus Association-_____-- 1.385
Lemon Grove Citrus Association---- .246
Carpinteria Lemon Association---- 2.762
Carpinteria Mutual Citrus Associa-
tion ---------------------------- 3.051
Goleta Lemon Association---------- 5. 620
Johnston Fruit Co---------------- 6.527
North Whittier Heights Citrus 'As-
sociation ------------------------ .503
San Fernando Heights Lemon Asso-
ciation ----------------------- - we
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RULES AND REGULATIONS
PRORATE BASE SCHEDULE-Continued
DISTRICT No. 2-continued
Prorate base
Handler (percent)
Sierra Madre-Lamanda Citrus Asso-
ciation-------------7------------
0.286
Briggs Lemon Association ----------
3.228
Culbertson Lemon Association------
1. 302
Fillmore Lemon Association_-___--
.952
Oxnard Citrus Association---__--_-
5.181
Rancho Sespe---------------------
.972
Santa Clara Lemon Association----_
4. 599
Santa Paula Citrus Fruit Associa-
tion ----------------------------
4.690
Saticoy Lemon Association--__-___
4.746
Seaboard Lemon Association----__-
4.531
Somis Lemon Association ----------
4.049
Ventura Citrus Association--___----
1.682
Ventura County Cirtus Association-
. 556
Limoneira Co---------------------
3.249
Teague-McKevett Association---_--
1. 025
East Whittier Citrus Association--_-
.323
Murphy Ranch Co----------------
1.222
Dunning, Vera Hueck--------------
.006
Far West Produce Distributors---__-
.016
Huarte, Joseph D------------------
.000
Paramount Citrus Association, Inc_-
.388
Santa Rosa Lemon Co--------------
.087
[F. R. Doc. 53-7527; Filed, Sept. 4,
1953;
9:14 a. m.]
TITLE 19-CUSTOMS DUTIES_
exceptions specified in section 304 (a)
(3), Tariff Act of 1930, as amended, each
article classifiable under paragraph 354,
355, 357, 358, 359, 360, 361, or 1$53 of that
Act shall be marked legibly and conspicu-
ously to indicate its origin by die-stanip-
ing, cast-in-the-mold lettering, etching
(acid or electrolytic), engraving, or by
means of metal plates which bear the
prescribed marking and which are se-
curely attached to the article ~by screws
or rivets."
(R. S. 161, 251, sec. 624, 46 Stat. 7; 5 U. S. C.
22, 19 U. S. C. 66, 1624. Interpre or applies
sec. 304, 46 Stat. 687, as amended] 19 U. S. C.
1304)
[SEAL] D. B. STRUBINGER,
Acting Commissioner of Customs.
Approved: September 2, 1953.
H. CHAPMAN ROSE,
Acting Secretary of the Treasury.
[F. R. Doc. 53-7802; Filed, Sept. 3, 1953;
2:52 p. m.]
TITLE 22-FOREIGN RELATIONS
Chapter I-Department of State
.
Subchapter A-The Department
PART 97-OCEAN SHIPMENTS OF SUPPLIES
BY VOLUNTARY NON-PROFIT RELIEF
AGENCIES
Chapter I-Bureau of Customs,
Department of the Treasury
[T. D. 53337]
PART 11-PACKING AND STAMPING; MARK-
ING; TRADE-MARKS AND TRADE NAMES;
COPYRIGHTS
METHOD OF MARKING TO INDICATE NAME OF
COUNTRY OF ORIGIN
Method of marking prescribed to in-
dicate the name of the country of origin
of certain articles on and after Septem-
ber 7, 1953, the effective date of the
repeal of certain special-marking pro-
visions of the Tariff Act of 1930.
Section 4 (a), Customs Simplification
Act of 1953, repeals as of September 7,
1953, the special-marking provisions
contained in paragraphs 28, 354, 355,
357, 358, 359, 360, 361, and 1553 of the
Tariff Act of 1930 (19 U. S. C. 1001,
pars. 28, 354, 355, 357, 358, 359, 360, 361,
and 1553).
On and after September 7, 1953, any
article of foreign origin classifiable under
any of the afore-mentioned paragraphs
of the tariff act will continue to be sub-
ject to the provisions of section 304 of
the Tariff Act of 1930, as amended (19
U. S. C. 1304), which section requires,
with certain exceptions, that every
article of foreign origin (or its container)
shall be marked so as to indicate to an
ultimate purchaser in the United States
the English name of the country of ori-
gin of such article (or container), and
authorizes, among other things, the Sec-
retary of the Treasury to prescribe by
regulations any reasonable method of
marking.
Pursuant to the last-mentioned au-
thority, ? 11.8 (d), Customs Regulations
of 1943 (19 CFR 11.8 (d) ), is amended
by substituting "Except as provided for
in the last sentence of this paragraph,
the method" for "The method" at the
beginning of the first sentence and by
adding at the end of the paragraph the
following new sentence: "Subject to the
SUPERSEDURE
CROSS REFERENCE: For supersedure of
this part, see Part 202 of this title, infra.
PART 98-REGISTRATION OF AGENCIES FOR
VOLUNTARY FOREIGN AID
SUPERSEDURE
CROSS REFERENCE: For supersedure of
this part, see Part 203 of this title, infra.
Chapter II-Foreign Operations
Administration
PART 202-OCEAN SHIPMENTS OF SUPPLIES
BY VOLUNTARY NONPROFIT RELIEF
AGENCIES
AUGUST, 31, 1953.
Pursuant to section 535 of Public Law
400, 82d Congress, and Executive Order
No. 10458 of June 1, 1953, the authority
to pay ocean freight charges on ship-
ments of relief supplies and packages
under section 117 (c) of the Economic
Cooperation Act of 1948, as amended,
had been placed in the Mutual Security
Agency, and as a result of Reorganiza-
tion Plan No. 7 of 1953, effective August
1, 1953, this authority is now exercised
by the Director of the Foreign Opera-
tions Administration.
Sec.
202.1 Definition of terms.
202.2 Scope of the regulations in this part.
202.3 Agencies within scope of the regula-
tions in this part.
202.4 Manner of payment of ocean freight
charges.
202.5 Refund by agencies.
202.6 Saving clause.
AUTHORITY: ?? 202.1 to 202.6 Issued under
sec. 104, 62 Stat. 138, as amended; 22 U. S. C.
Sup. 1503. Interpret or apply sec. 117, 62
Stat. 153, as amended, sec. 535, Pub. Law 400,
82d Cong.; 22 U. S. C. and Sup. 1515, E. O.
10458, June 1, 1953, 18 F. R. 3159.
? 202.1 Definition of terms. For the
purposes of this part:
. (a) "The Director" shall mean the
Director of the Foreign Operations
Administration.
(b) "The Committee" shall mean the
Advisory Committee on Voluntary For-
eign Aid of the Foreign ? Operations
Administration.
(c) "Supplies" shall include goods
shipped in bulk and relief packages.
? 202.2 Scope of the regulations in
this part. This part provides the rules
under which the Director, in order to
further the efficient use of United States
voluntary contributions for relief in
countries or zones hereinafter desig-
nated, will pay ocean freight charges
from United States ports to initial for-
eign ports of entry of such designated
countries or zones on supplies donated
to, or purchased by, United States
voluntary nonprofit relief agencies reg-
istered with the Committee, for distribu-
tion in Austria, those areas of China
which the Director may deem to be
eligible for assistance, the Federal Re-
public of Germany, Greece, France,
India, Italy, Pakistan, the zones of
Trieste occupied by the United States,
the United Kingdom and Yugoslavia,
?
and, when the Director determines it
necessary and expedient, in any country
eligible for economic or technical assis-
tance under the Mutual Security Act of
1951, as amended (Pub. Law 165, 82d
Cong., 1st sess., Pub. Law 400, 82d Cong.,
2d sess., and Pub. Law 118, 83d Cong.,
1st sess.).
? 202.3 Agencies within scope of the
regulations in this part. Any United
States voluntary nonprofit relief agency
may make application for reimburse-
ment of ocean freight charges on
shipments of supplies donated to or pur-
chased by it for distribution within the
foreign countries and zones listed in
?
? 202.2, provided:
(a) An agreement for duty-free entry
and defrayment of inland transportation
costs of relief supplies within the scope
of the regulations in this part has been
concluded between the United States
and the recipient country.
(b) The general program and projects
by countries of operation of the agency,
and the supplies in support thereof,
have been approved by the recipient
country in accordance with the agree-
ment referred to in paragraph (a) of
this section.
(c) The agency is registered with the
Committee, and therefore has met all
the requirements of registration as set
forth in the regulations "Registration of
Agencies for Voluntary Foreign Aid."
(Part 203 of this subchapter.)
? 202.4 Manner of payment of ocean
freight charges. By means of an equi-
table apportionment of the funds avail-
able for this purpose the Director will
reimburse agencies qualified under
?? 202.2 and 202.3 to the extent of ocean
freight charges paid by them for ship-
ments made in conformity with the reg-
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0
ulations in this part: Provided, That AUTHORITY: ?? 203.1 to 203.9 Issued under
application for such reimbursement is sec. 104, 62 Stat. 138, as amended; 22 U. S. C.
submitted to the Director of the Foreign Sup. 1503.
Operations Administration, Attention: ? 203.1 A register of voluntary for-
Advisory Committee on Voluntary For- eign aid agencies and of their activities.
eign Aid, Foreign Operations Adminis- To foster the public interest in the field
tration, Washington 25, D. C., within of voluntary foreign aid and the activi-
forty-five days of date of shipment, to- ties of nongovernmental organizations
charges, supported by ocean bills of lad-
ing, showing that such charges are lim-
ited to the actual cost of transportation
of the supplies from end of ship's tackle
at the United States port of loading to
end of ship's tackle at port of discharge,
correctly assessed at the time of loading
by the carrier for freight on a weight,
measurement, or unit basis, and free of
any other charges.
? 202.5 Refund by agencies. Any
agency reimbursed under this part will
refund promptly to the Director upon
demand the entire amount, or any lesser
amount specified, of ocean freight
charges reimbursed, and to the recipient
country upon demand the entire amount,
or any lesser amount specified, of inland
transportation costs reimbursed, (1)
whenever the Director determines that
the reimbursements were improper as
being in violation of any of the provi-
sions of Public Law 165, 82d Congress,
any acts amendatory thereof or sup-
plemental thereto, any relevant appro-
priation acts, or any rules, regulations
or procedures of the Foreign Operations
Administration, and (2) unless such
agency files, within sixty days after re-
imbursement has been made, a certifi-
cate stating that all supplies for which
such reimbursement was made were ad-
mitted by the country of ultimate des-
tination free of all customs duties, other
duties, tolls and taxes.
? 202.6 Saving clause. The Director
may waive, withdraw, or amend at any
time or from time to time any or all of
the provisions of the regulations in this
part.
Effective date. The regulations in
? this part shall become effective as of
August 1, 1953, and shall supersede as
of their effective date Part 97, Subchap-
ter A, Chapter I, Title 22 of the Code of
Federal Regulations.
HAROLD E. STASSEN,
Director,
Foreign Operations Administration.
IF. R. Doc. 53-7775; Filed, Sept. 4, 1953;
8:47 a. in.]
PART 203-REGISTRATION OF AGENCIES FOR
VOLUNTARY FOREIGN AID
AUGUST 31, 1953.
Sec.
203.1 A register of voluntary foreign aid
agencies and of their activities.
203.2 Application for registration.
203.3 Requirements for registration.
203.4 Validation of registration.
203.5 Amendments to registration.
203.6 Validation of programs and projects.
203.7 Representation of registrants.
203.8 Acceptance and termination of regis-
tration.
203.9 Saving clause.
the Aavlsory Committee on Voluntary
Foreign Aid of the Foreign Operations
Administration (referred to in this part
as the Committee) is hereby authorized
and directed to establish and to main-
tain, pursuant to the rules set forth in
this part, a register of such nongovern-
mental organizations qualified for and
voluntarily accepting registration; such
register (a) to serve as a repository of
information, including currently record-
ing therein the organization, purposes,
programs, finances and other pertinent
activities of the registrants for public
guidance; (b) to enable the Committee
to facilitate the programs and projects
of the registrants through the exercise
of its good offices and the provision of
facilities authorized by the laws, regula-
tions and procedures related to volun-
tary foreign aid as administered by the
Committee, other United States agen-
cies, or by international governmental
agencies supported by the United
States; and (c) to provide information
and advice, and perform such other
functions, as may be necessary in fur-
therance of the purposes of this section.
? 203.2 Application for registration.
Any person or nongovernmental organi-
zation or agency carrying on any non-
profit activities in the United States for
the purpose of furthering or engaging in
voluntary aid in areas outside the United
States, including, but not limited to,
projects and services of relief, rehabilita-
tion, reconstruction and welfare in the
fields of health, education, agriculture
and industry, emigration and resettle-
ment, may voluntarily make application
for registration to the Chairman, Ad-
visory Committee on Voluntary Foreign
Aid, Foreign Operations Administration,
Washington 25, D. C. Any person, or-
ganization, or agency whose application
for registration is accepted under this
part shall be referred to in this part as a
registrant.
? 203.3 Requirements for registration.
To establish that the primary purpose
to be served is the provision of voluntary
foreign aid, an applicant for registration
shall submit evidence by its charter,
articles of incorporation, constitution,
by-laws, and other relevant documents,
and a statement upon forms to be pro-
vided by the Committee or otherwise as
may be required that:
(a) It maintains its principal place of
business in the United States;
(b) It is controlled by an active and
responsible body composed principally
of United States States citizens, who
serve without compensation, who have
accepted the responsibility to carry out
the activities of the agency to be re-
ported to the Committee, and who will
exercise satisfactory controls to assure
that its services and resources are ad-
ministered competently in the public
interest;
(c) It has been authorized by the Bu-
reau of Internal Revenue to inform
donors that their contributions may be
deducted for Federal income tax pur-
poses;
(d) It is not engaged, or will not be
engaged, in any activities -or enterprises
inconsistent with the fulfillment of the
purposes and objectives as set forth in
the application, or which may be re-
corded in the registration, or in any pro-
grams or projects thereunder;
(e) The funds and resources of the
registrant, will be obtained, expanded
and distributed in ways which conform
to accepted ethical standards without
unreasonable cost for promotion, pub-
licity, fund raising and administration
at home and abroad;
(f) The Committee will be informed of
any plans, including projected publicity,
for popular drives for funds or other
forms of support to permit the Commit-
tee to offer suggestions and where appro-
priate to lend its good offices. Such pop-
ular drives will be timed, insofar as prac-
ticable, to avoid conflict with national
appeals for public support during the
limited periods of the countrywide cam-
paigns of the American National Red
Cross, the Community Chests, Savings
Bond drives of the United States Treas-
ury, or similar campaigns of accepted
general national interest;
(g) It will refer to the Committee for
appropriate consideration any proposed
programs, procedures or agreements af-
fecting other Federal agencies or inter-
national governmental agencies but
which also affect the action responsi-
bilities of the Committee before formal
steps are concluded with such agencies,
and in order that the Committee may
lend its good offices and that coordina-
tion may be assured pursuant to the
President's Directive of May 14, 1946;
(h) Such current and periodic reports
and information will be provided as the
Committee may require from time to
time pertaining to the registrant's or-
ganization, programs, projects, and fi-
nances, including audits by a certified
public accountant, or other pertinent ac-
tivities. All records pertaining to re-
sponsibilities as a registrant and related
to activities as such shall be made avail-
able for official inspection. Information
on registration, organization, periodic
reports on programs and finances shall
be available for public inspection.
? 203.4 Validation of registration.
Certificates of registration will be issued
by the Committee to applicants which
fulfill the requirements set forth in
? 203.3 and upon the finding of the Com-
mittee that the general purposes to be
served are of a character and fulfill a
need that justify appeals for voluntary
support, warrant the cooperation of the
United States Government, and other-
wise are deemed to serve the public in-
terest. Such certificates may be
withheld, in the discretion of the Com-
mittee, until an initial program has been
recorded under the terms set forth in
? 203.6. Certificates will be published in
the FEDERAL REGISTER.
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RULES AND REGULATIONS
? 203.5 Amendments to registration.
A registrant's certificate of registration
shall be amended whenever a material
change is made in the registrant's or-
ganization, its purposes or governing
personnel. The application for amend-
ment shall be supported by a resolution
of the controlling body or other evidence
certified by an authorized official.
Amended certificates will be published in
the FEDERAL REGISTER.
? 203.6 Validation of programs and
projects. (a) Registrants, to carry out
and fulfill the purposes and objectives of
their organization arid to obtain ap-
propriate official United States support
and facilities, will 'submit applications
upon forms provided by the Committee
or otherwise as may be required, for the
recording of specific country programs
or specific projects of relief, rehabilita-
tion, reconstruction and welfare as these
are developed in the fields of health,
education, agriculture, industry, emigra-
tion and resettlement. Notices of ac-
ceptance will be issued by the Commit-
tee as supplements to certificates of reg-
istration: Provided, That:
(1) The specific program or specific
project is within the scope of any
agreement that has been concluded be-
tween the United States Government
and the government of the country of
interest in furtherance of the operations
of registrants acceptable to such gov-
ernments;
(2) In the absence of such an agree-
ment as set forth in subparagraph (1)
of this paragraph satisfactory assur-
ances are:
(i) Obtained from the government of
the country in question that appropriate
facilities are or will be afforded for the
necessary and economical operations of
the program or project including (a)
acceptance of the specific program or
specific project; (b) the supplies ap-
proved in support of the program or
project are free of customs duties, other
duties, tolls, and taxes; (c) treatment of
supplies as a supplementary resource
and not as a substitute for public ra-
tions; (d) the identification of the sup-
plies, to the extent practicable, as to
their United States origin and their
free provision by the donor agency; and
(e) insofar as practicable the reception,
unloading, warehousing and transport of
the supplies free of cost to points of
distribution.
(ii) Provided by the registrant that
(a) shipments will be made only to con-
signees reported to the Committee and
full responsibility is assumed by such
consignees for the noncommercial dis-
tribution of the supplies free of cost to
the persons ultimately receiving them;
and (b) distribution is under the super-
vision of United States citizens specifi-
cally charged with the responsibility for
the program or project, or by nationals,
upon notification to the Committee in
justification of their selection on account
of the character and economy of the
operation, and the degree of coopera-
tion and acceptance of responsibility of
the indigenous agency.
(b) Programs and projects which in-
volve the contractual support of United
States or international governmental
agencies and acceptance of measures of 822.3 Definitions.
responsibility by the Committee will be 822.4 Diplomatic agreements
recorded following an understanding be- antes (overseas).
tween the Committee and the contract- 822.5 Procedure.
ing official agency to assure 4orrelation 822.6 Applications.
in the attainment of common objectives, 822.7 Insurance.
and pursuant to the President
of May 14, 1946.
? 203.7 Representation of registrants.
The Committee, in appropriate cases,
may exercise its good offices or recom-
mend to and appear before United States
agencies or international agencies sup-
ported by the United States Government.
to facilitate the recorded programs of
any registrants or committees of such
registrants, and to further the provision
of facilities authorized by laws, regu-
lations, and procedures in support of
voluntary foreign aid.
? 203.8 Acceptance and termination
of registration. (a) Registrations shall
remain in force until relinquished vol-
untarily by the registrant upon written
notice to the Committee or formal notice
from the Committee is published in the
FEDERAL REGISTER stating that they are:
(1) Amended in accordance with
? 203.5; or
(2) Suspended or terminated.
(b) Acceptance of a notice of relin-
quishment of registration shall be sub-
ject to submittal of final reports to the
Committee, including the plans for dis-
position of the registrant's residual as-
sets acquired in support of its registered
programs.
? 203.9 Saving clause. The Director
of the Foreign Operations Administra-
tion may waive, withdraw,' or amend
from time to time any or all of the pro-
visions of the regulations in this part.
Effective date. The regulations in this
part shall become effective as of August
1, 1953, and shall supersede as of their
effective date Part 98, Subchapter A,
Chapter I, Title 22 of the Code of Fed-
eral Regulations.
Certificates to registration and amend- ties will not be made available for the'
ments thereto heretofore issued by the use of civil aircraft in competition with
Advisory Committee on Voluntary For- private enterprise.
eign Aid, and which are valid as of the (f) Nothing in this part will be con-
effective date of the regulations in this strued to prohibit any aircraft from
part, shall continue in force and effect. landing at any Air Force installation in
HAROLD E. ST;iSSEN, case of emergency.
Director, (g) Exceptions to this part will be
Foreign Operations Administration. made only by the Chief of Staff, USAF.
[F. R. Doc. 53-7776; Filed, Sept. 4, 1953; ? 822.3 Definitions-(a) Installation.
8:47 a. m] A separately located and defined area of
real property in which the Air Force ex-
i TITLE 32-NATIONAL DEFENSE wwhicich h a has rb been designated asest and
h d as an Air
Chapter VII-Department of the
Air Force
Subchapter B-Aircraft
PART 822-UsE OF AIR FORCE INSTALLA-
TIONS BY OTHER THAN AIR FORCE AIR-
CRAFT
REVISION
Regulations contained ill Parts 822
and 823 (32 CFR 822., 823) are hereby
revoked, and the following new Part 822
is issued in lieu thereof.
Sec.
822.1
822.2
Purpose.
Policy.
822.8 Conditions governing use.
822.9 Customs, immigration, and health
clearance.
822.10 Agreement and permit.
822.11 Landing and parking fees.
822.12 Supplies and services.
822.13 Forms.
AUTHORITY: ?? 822.1 to 822.13 issued under
R. S. 161, sec. 202, 61 Stat. 500, as amended;
5 U. S. C. 22, 171a. Interpret or apply sec. 5,
44 Stat. 570, as amended; 49 U. S. C. 175.
DERIVATION: AFR 87-7.
? 822.1 Purpose. This part fixes re-
sponsibility and prescribes procedures for
the use of Air Force installations by
other than Air Force aircraft.
? 822.2 Policy. (a) Air Force in-
stallations are established to support the
operation of aircraft of the United States
Air Force. Air Force facilities, Per-
sonnel, and materiel are maintained
only to the extent required for use by
the Air Force.
(b) Civil aircraft may be permitted to
use Air Force installations provided that:
(1) There is no significant interfer-
ence with Air Force operations.
(2) The security of Air Force opera-
tions facilities, ? or equipment is not
compromised.
(3) No adequate
available.
(c) Aircraft listed in ? 822.11 (a) may
be permitted to use Air Force installa-
tions provided that:
(1) There is no significant interfer-
ence with Air Force operations.
(2) The security of Air Force opera-
tions, facilities, or equipment is not
compromised.
(d) Supplies and services may be fur-
nished to other than Air Force aircraft
Force installation by Headquarters
USAF; or where the Air Force has juris-
diction over real property by agreement,
expressed or implied, with foreign gov-
ernments, or by rights of occupation.
(b) Air navigation facilities. Any air-
port, emergency landing area, light or
other signal structure, radio directional
finding facility or other communication
facility, and any other structure or fa-
cility used as an aid to air navigation.
(c) Airport. Any area of land or
water which is used, or intended to oe
used, for the landing and takeoff of air-
craft and which provides facilities for
their. shelter, supply, and repair; a place
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used regularly for receiving or discharg- concerning the use of Air Force installa- (e) Concurrent use. Concurrent use
ing passengers or cargo by air. tions by other than Air Force aircraft. of an installation by commercial air-
(d) Civil airport. A nonmilitary air- Approval will be obtained from Head- craft or other flying interests will be
port, the operation of which is not under quarters USAF for proposed terms which governed by this part except as otherwise
exclusive operational control of the Air are in conflict with this part. specified in the instrument by which the
Force. (b) Operators of civil aircraft will ob- Government acquired the installation for
(e) Regular airport. An airport used tain approval for each flight from the Air Force use.
as a regularly scheduled stop by certi- government exercising sovereignty over (f) Provisional airport. Requests to
fied air carriers, any territory on the route to the Air use an Air Force installation as a pro-
(f) Provisional airport. An airport Force installation including the territory visional airport, with complete justifica-
approved for the purpose of providing in which the installation is located. Con- tion for such use, will be submitted to
adequate service to a community when currence of the United States-Depart- Headquarters USAF for approval.
the regular airport serving that com- ment of State, or the appropriate United (g) Alternate airports. Requests to
munity is not available for an extended States diplomatic representative in the designate Air Force installations as al-
period, b?cause of repair, construction, country or countries concerned will be ternate airports will be submitted to
or the performance of other work. obtained by the operator before requests Headquarters USAF. The approval for
(Planes may be dispatched.) to use Air Force installations are ap- alternate designation will be subject to
(g) Alternate airport. An airport, proved. the following provisions:
specified in the flight plan, to which an ? 822.5 Procedure-(a) Headquarters (1) An aircraft may not be dispatched
aircraft may proceed when a landing at USAF. Except as otherwise provided in to an alternate airport in advance of
the point of first intended landing be- this part, requests to use Air Force in- takeoff from a previous point of depar-
comes impractical. (Planes may not be stallations, facilities, and services will be ture. If conditions warrant use of an
dispatched.) submitted to Headquarters USAF for alternate airport after takeoff, radio
(h) Civil aircraft. Aircraft (domes- c'earance will be obtained from the in-
tic or foreign) operated by private indi- approval. Requests may be submitted to
use an Air Force installation as a regular, stallation as soon as a decision is made
registry, or corporations of any national provisional, or alternate airport. If a to use it as the alternate airport. The
registry, including foreign government- request is approved, the applicant will installation will be notified immediately
owned commercial aircraft, in other than execute AF Form 180 before AF Form of the estimated time of arrival.
military or governmental operations. 181 will be issued to him. When requests (2) If passengers and/or cargo are to
(i) Foreign aircraft. Civil aircraft are made to commanders of Air Force be discharged at the alternate airport,
owned by a foreign national or a foreign installations no commitments will be prior authority will be obtained from the
corporation and registered with a for- made and the requests commander of the installation and a
eign nation. through channels, with will
comments r and flight plan filed with him prior to de-
(j) Military aircraft. Aircraft oper- recommendations, to the Director of In- parture.
ated by the military agencies of any stallations, Headquarters USAF, Wash- (3) Emergency landings may be made
government. without prior clearance. The pilot will
(k) Contract carrier. Civil aircraft, ington 25, D. C. submit a written report to the com-
the operations of which are controlled (b) Oversea installations. (1) Major mander describing the emergency condi-
under terms of a contract administered air commands having jurisdiction over tions and explaining why clearance could
by any Department of the United States Air Force installations in any foreign not be obtained in advance.
Government. country may approve requests from oper-
(1) Charter carrier. (Single or multi- ators of civil aircraft for use of these (4) Pilots of aircraft that may land
ple-trip charter a installations for one-time landings only. at alternate airports will be instructed
operating under carrier.)
contract t tothe Civil Air Force Force e aircraft Permission for extended use will be as to the communication facilities, pro-
but not under operational control of the governed by paragraph (a) of this sec- cedures, and the traffic regulations at
Air Force. tion. the alternate airport.
(m) Production aircraft. Aircraft (2) Air attaches may issue permits (AF (h) Aircraft of foreign registry. (1)
Form 181) to the operators of civil air- Requests will be submitted to Headquar-
dividuals produced by under private contract to the corporations or United in- craft for one-time landings at oversee ters USAF when foreign civil aircraft
installations, upon presentation of a cur- desire to use Air Force installations
States Government. photo- within the continental United States.
(n) Government aircraft. Aircraft rent
static AF copy Form 180, thereof. or a Upon certified
issuance of a Except when otherwise permitted by
owned or operated by any government, Headquarters USAF, AF Forms 180 and
as distinguished from commercial or pri- permit, the air attache will notify the 181 will be executed prior to takeoff.
vate aircraft. base commander of the details of the (2) Headquarters USAF, may permit
(o) AF Form 180, "Hold Harmless proposed flight and send an information foreign-government aircraft, if not used
Agreement". An instrument designed copy of the notification to the appropri- for commercial purposes, to use Air Force
to relieve the United States Government ate Air Force -command and Head- installations within the continental
from liabilities and claims for damages quarters USAF. United States. If appropriate, United
arising out of the use of Air Force in- (c) Active installations. Commanders States Department of State clearance
stallations by civil aircraft. of active Air Force installations: will be obtained. AF Forms 180 and 181
(p) AF Form 181, "Aircraft Permit", (1) May permit one-time landings by are not required.
An instrument issued subsequent to the those aircraft listed in ? 822.11 (a) (1), (i) Production aircraft. Aircraft
execution of AF Form 180, authorizing (2), (3), (4), (5), and (6), approve AF being produced for the Air Force under
the use of an Air Force installation Form 180, and execute AF Form 181 with- contract may be permitted to use Air
without conveyance of interest in real out reference to. higher authority, pro- Force installations for testing and ex-
property. vided that these aircraft are not hang-
(q) Exclusive use. The term refers ared or based at the installation. perimental purposes as provided in the
to an installation, or portions thereof, (2) May issue permits to operators of contract. over which the Air Force has complete civil aircraft for one-time landings upon (j) Use of ground-controlled approach
jurisdiction and operational control. presentations of an executed current AF equipment. Air Force ground-con-
Form 180 or a certified or photostatic trolled approach equipment may be used
? 822.4 Diplomatic agreements and copy thereof. Copies of AF Forms 180 for training commercial operators sub-
clearances (overseas). (a) The provi- ject to the following conditions.
sions of this part are subject to the pro- and 181 will be retained at the installa- tion. (1) Major air commands may take
visions of diplomatic agreements or sere- final action on applications. In general,
ice-to-service arrangements. In case of (3) Will maintain at the installation training programs will be permitted only
a conflict these agreements and arrange- appropriate records which will not be at installations at which the major activ-
ments will govern. This part will be used transmitted to Headquarters USAF. ity is similar to commercial carrier oper-
as a guide in negotiating technical agree- (d) Inactive installations. Requests ations.
ments, at the local level, with represent- to use inactive Air Force installations (2) Schedules and other details of
atives of a foreign military service will be submitted to Headquarters USAF. training programs will be subject to the
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(3) Servicing commercial aircraft, ex-
tended layovers, or use for other than
approved training will not be permitted.
(k) Contract and charter carriers.
These aircraft may be permitted to use
Air Force installations when identified
by certificate issued by the contracting
agency, subject to the following condi-
tions.
RULES AND REGULAILUNS
W
(i) Authorized supplier (applicable to bodily injury liability with a minimum
oversea bases only). In order to avoid limit of $50,000 for each passenger and,
cash payments for the purchase of petro- subject to that limit for each passenger,
leum products from the Air Force, the a minimum limit for each accident in
applicant will designate a commercial any one aircraft equal to the total
d b +i 1 ing the
r
business in the Unite d State or Terri-
tories as his "authorized sup Tier". An
authorized supplier is a ommercial
petroleum company that ha executed
an agreement to guarantee p yment for
all petroleum products fur fished the
behalf of the United States Government applicant. Three executed copies of this
with a contract carrier for an airlift of agreement will be submitted with the
cargo or passengers, the office negotiat- application. The office approving the
ing the contract will request the Director application will retain one copy and
of Installations, Headquarters USAF , to transmit one copy to Headquarters USAF
issue the necessary authorization for and one copy to Headquarters, Middle-
landings at Air Force installations under town Air Materiel Area, Olmsted Air
the provisions of this part. Landing fees Force Base, Middletown, Pennsylvania.
will not be charged. (j) Name of individual or company
(2) When the services of a charter representative authorized to sign the at-
carrier are utilized by the United States tached agreement (AF Form 180) and
Government, the office issuing the char- permit (AF Form 181).
ter will request the Director of Instal- (k) List of civil airports in the area
lations, Headquarters USAF, to issue the which the applicant might use and justi-
necessary authorization for landing at fication for use of the Air Force installa-
Air Force installations under the pro- tion.
visions of this part. Landing fees will (1) Type and number of any operating
not be charged. authorization issued to the applicant by
(3) Petroleum products may be fur- the Civil Aeronautics Board.
nished to contract and charter carriers (m) A signed statement or verified
in accordance with current directives. copy from the company with which in-
? 822.6 Applications. Requests for surance is carried, attesting that the ap-
the use of Air Force facilities may be plicant is covered by aviation insurance
in the amounts specified in this part and
thee that the policy conforms to the require-
copies), > in either letter to the form commander (original der and of two
installation or direct to the Director of ments (n) If of this part.
con-
applicant desires, In con-
WaInstallations, Headquarters Applications USAF, junction with this section, to lease real
Washington
of er ea installations may be for estate and/or real Property facilities, a
me use of rvtos the may request will be made and the
made either to e appropriate United following information will be furnished:
thetes commander of the representative or installation. . (1) A description and layout map of
the commander the area desired by the applicant show-
AF Forms and application will 81 be in quadruplicate by ing space required for the erection or use
executed by the applicant. of buildings, installation of gasoline
f each application and the One executed copy storage and servicing pits, parking air-
Forms 180 0 and and 18 11 a wiwill be retained b by y craft, and any other maintenance and
F
the base commander. One copy of AF operating plan facilities.
o diagram of space in an
ap will bewill carried on the aircraft. exsting building desired for office space,
Each h application Form
ticket sales, and so forth.
tion, 181, including set forth on AF Form (3) The application will be processed
18 (a) as follows: o Name and location of Air Force in- for approval, and use granted, in ac-
stallation ( and facilities to be used - cordance with the provisions of current
.
(b) Type of operation (tourist, survey, directives.
charter, revenue, nonrevenue, or other) ? 822.7 Insurance. All aircraft own-
and whether the facility is to be used as ers or operators using Air Force installa-
a regular, provisional, or alternate air-
port.
(c) Details of proposed flights includ-
ing: dates, purpose, route to be followed.
(d) Number and frequency of proposed
flights.
(e) Name and address of financial
sponsor of flight.
(f) Name and address
owner of aircraft.
(g) Country in which aircraft is regis-
tered. Name of manufacturer of air-
craft, type, model, serial number, regis-
try number, and identification mark.
(h) Date of each CAA aircraft air-
worthiness certificate, basic maximum
passenger capacity and basic maximum
takeoff gross weight permitted by the
appropriate aeronautical authority of
the country of manufacture (kilos or
pounds).
(1), (2), and (3), will be required to be made when the aircraft is operated
keep in force, at their own cost and ex- under Government contract or charter.
pease, aircraft liability insurance as reg(c) Oerators will ulatiions promulgated bylyHeawith dq are
follows:
(a) Aircraft used for cargo carry- ters USAF or the commander of the
ing only, and aircraft being ferried, will installation.
be insured for: (d) Each operator will carry AF Form
(1) Public bodily injury liability with 181 and will present it to the appro-
a minimum limit of $50,000 for one per- priate Air Force official upon landing.
son in any one accident, and subject to (e) Priority for use of air navigation
that limit for each person, a minimum of facilities will be determined by the com-
$500,000 in any one accident; mander of the installation. If civil
(2) Public property damage liability traffic causes interference with military
with a minimum limit of $500,000 for operation at the installation a report
each accident. will be made through channels to the
(b) Aircraft used. for both cargo and Director of Installations, Headquarters
passenger carrying or for passenger USAF.
carrying only, in addition to the amounts (f) The use of Air Force installations
required in paragraph (a) of this sec- by operators of other than Air Force air-
tion, will be insured for passenger craft will be at the risk of the operators.
p y
amount produce y mu
$50,000 limit stipulated for each passen-
ger by a full number not less than 75
percent of the total number of seats in
the aircraft or 75 percent of the total
number of passengers carried, which-
ever is greater.
(c) Privately owned noncommercial
operated aircraft, will be insured as re-
quired by paragraphs (a) and (b) of
this section, except that for aircraft of
less than 12,500 pounds certified maxi-
mum gross takeoff weight, the minimum
limit for:
(1) Public bodily injury liability will
be $200,000.
(2) Public property damage liability
will be at least $150,000 for each accident.
(3) Passenger bodily injury liability
for each accident, in any one such air-
craft, minimum amount equal to the to-
tal produced by multiplying the $50,000
limit for each person by the number of
persons on board.
(d) All policies will provide specifi-
cally, by indorsement or otherwise:
(1) Waiver of any right of subroga-
tion the insurance company may have
against the United States by reason of
any payment under the policy on ac-
count of damage or injury in connection
with the insured's use of any Air Force
installation or the insured's purchase of
services or supplies from the Air Force.
(2) That the provisions thereof will
be in full force and effect within the
country or countries in which the Air
Force bases, to be used by the insured,
are located.
(e) Insurance policies will be carried
with an insurance company or' com-
panies duly authorized by law to write
the required insurance coverage.
(f) Proof of qualification as a self-
insurer may be submitted for approval
instead of the policies described in. this
section.
? 822.8 Conditions governing use.
The use of Air Force installations by
other than Air Force aircraft will be
subject to the following conditions:
(a) Such use will not interfere with
military requirement.
?
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(g) Any violation of this part will be (1) Military aircraft of the United
made the subject of a report thrcugh States or foreign governments.
official channels to the Director of In- (2) Aircraft (noncommercial) owned
stallations, Headquarters USAF. and operated by agencies of the Federal
? 822.9 Customs, immigration, and
health clearance. Commanders of Air
Force installations will cooperate with
local customs, immigration, public
health, and other public authorities in
connection with the arrival and depar-
ture of aircraft. The aircraft commander
will comply with laws and regulations
administered by these public authorities.
Clearances for takeoff will not be issued
until the requirements of applicable laws
and regulations issued by these authori-
ties have been met. Procedures mutually
acceptable to the installation commander
and local officials will be made standard
procedure at the installation concerned.
Fees, charges for overtime services, and
other costs, arising out of the admin-
istration of the laws relating to health,
customs, and immigration are the obli-
gation of the operator of the aircraft.
? 822.10 Agreement and permit-(a)
AF Form 180, "Hold Harmless Agree-
ment." (1) Operators of civil aircraft
will be required to execute AF Form 180,
"Hold Harmless Agreement," in quad-
ruplicate, prior to using an Air Force in-
stallation.
(2) If an operator lands without au-
thorization, the commander of the in-
stallation will obtain an executed AF
Form 180 from the operator. The origi-
nal will be transmitted to the Director
of Installations, Headquarters USAF;
two copies will be given to the operator
and one copy retained by the com-
mander.
(b) AF Form 181, "Aircraft Permit".
(1) AF Form 181 is executed in quad-
ruplicate and issued only after comple-
tion of AF Form 180.
(2) Each operator of a civil aircraft or
a 'Government-owned commercial air-
craft using an Air Force installation will
insure that an executed AF Form 181 or
a certified or photostatic copy thereof is
carried at all times in the custody of the
commander of the aircraft. This per-
mit will be presented to the appropriate
Government or foreign governments, ex-
cept in those cases where foreign govern-
ments charge such fees for use by
United States Government aircraft.
(See ? 822.4.)
(3) Aircraft (noncommercial) owned
and operated by States, counties, or
municipalities of the United States.
(4) Aircraft owned and operated by
military and auxiliary personnel (Civil
Air Patrol, Reserve Forces, Air National
Guard, Air Force Reserve Officers' Train-
ing Corps) on active duty if such air-
craft are not used for commercial pur-
poses.
(5) Contract carriers and charter car-
riers as defined in ? 822.3 (k) and (1).
(6) Private or executive aircraft op-
erated in connection with official busi-
ness related to Government activities
in the immediate vicinity of the instal-
lation.
(7) Aircraft used for training opera-
tors in the use of ground controlled
approach equipment.
(b) Landing fees and parking fees are
based upon aircraft weights and fre-
quency of operations. The weight to be
used in calculating fees is the maximum
gross takeoff weight authorized, by the
appropriate government authority, for
the aircraft at the installation involved.
The maximum gross takeoff weights will
be obtained from the gross weight take-
off tables approved by the CAA which
are shown in the current aircraft op-
erators' manual and on the air worthi-
ness certificate issued by CAA. If this
weight data is not available, an estimate
of the maximum gross weight based upon
the best information available may be
used to determine the fees. Calculation
of fees will be based on weights com-
puted to the nearest one thousand
pounds, considering five hundred pounds
and above to increase the weight to the
next higher one thousand pound bracket.
(c) Except as provided in paragraph
(a) of this section, the following fees
will be charged at active and inactive
Air Force installations.
(1) Landing fees within continental
United States.
First 90 landings per month per individual user
Amount per landing
Up to and including 25,000 pounds___ $2.50.
Over 25,000 pounds__________________ $2.50 plus 31/3 cents per 1,000 pounds in excess of
25,000 pounds.
Next 90 landings per month per individual user
Amount per landing
Over 25,000 pounds__________________ $1.66% plus 31/3 cents per 1,000 pounds in excess of
25,000 pounds.
All landings in excess of 180 per month per individual user
Amount per landing
Over 25,000 pounds------------------ $0.831/3 plus 3y3 cents per 1,000 pounds in excess of
25,000 pounds.
(2) Landing fees outside continental United States. Fees will be charged at the
same rates and on the same basis as landing fees are computed at the nearest
suitable civil airport within the geographical limits of the same country, or at the
rates set forth below, whichever is the greater.
First 90 landings per month per individual user
10,000 pounds or less---------------- $3.00.
10,001 pounds to 25,000______________ $5.00.
Amount per landing
Over 25,000 pounds__________________ $5.00 plus 15 cents per 1,000 pounds
25,000 pounds.
Next 90 landings per month per individual user
the circumstances requiring a landing Amount per landing
IIp to and including 25,000 pounds--- $4.00.
without authorization. The original will Over 25,000 pounds__________________ $4.00 plus 12 cents per 1,000 pounds in excess of
be transmitted to the Director of Instal- 25,000 pounds.
lations, Headquarters, USAF.
(4) When the Air Force does not have All landings in excess of 180 per month per individual user
base official upon arrival of the aircraft.
(3) If an operator lands without au-
thorization, the commander of the instal-
lation will obtain AF Form 181 signed by
the operator. The commander is author-
ized to execute this form on behalf of the
Air Force. In this case a statement will
be incorporated in the form setting forth
Up to and including 25,000 pounds___ $3.00. Amount per landing
Over 25,000 pounds__________________ $3.00 plus 10 cents per 1,000 pounds in excess of
25,000 pounds.
aon of forms. Current exe- (3) Hangar parking fees. Twenty tion thereof; the charge to start six
cuted AF Forms 32, 33, 34, 180, and 181 cents per thousand pounds, minimum $3 hours after the plane lands.
remain in effect until the date of termi- per aircraft, for each 24-hour period or (5) Free storage. The free storage of
nation.
exclusive control of the landing area,
permission to land will be obtained from
the appropriate civilian authority. In
such eases AF Forms 180 and 181 are not
required.
(c) Retet'
? 822.11 Landing and parking fees.
(a) Fees as hereinafter enumerated will
be charged and collected by the com-
mander of the installation for all aircraft
except the following:
No. 175-2
Saturday, Sl y9c%r?5 (e, a LUU.f/Ub11.tf : C:IA-KUruUt$U"Ib/bKUiUUU4UUJtl-tt
FEDERAL' REGISTER 53887
fraction thereof when parking is on an airplanes owned and operated, not for
emergency, temporary, or intermittent profit, by military personnel on active
and nonexclusive basis. duty may be permitted when facilities
(4) Outside parking fees. Ten cents are available and storage can be accom-
per thousand pounds, minimum $1 per plished without interference with mili-
aircraft for each 24-hour period or frac- tary operations.
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.41 RULES AND REGULATIONS
PART 823-USE OF UNITED STATES AIR
FORCE BASES OVERSEAS BY CIVIL AIR-
CRAFT (DOMESTIC OR FOREIGN)
(6) Fees for protracted use. Fees for
protracted use by lease of real property,
building space, and so forth will be as
determined by negotiation under the
provisions of current directives.
? 822.12 Supplies and services. (a)
Commanders of Air Force installations
may sell supplies and services:
(1) To the operator of civil aircraft
providing services to the United States
Government, for cash in the Zone of
Interior and for cash or credit overseas.
(2) To the operators of aircraft (un-
less used for commercial purposes)
owned or operated by agencies of the
United States Government, States, Ter-
ritories, or foreign governments, for cash
in the Zone of Interior and for cash or
credit overseas.
(3) In an emergency, to the operators
of any civil aircraft for cash. Emer-
gency services and supplies will be fur-
nished only to the extent required for the
aircraft to reach the nearest commercial
airport.
(b) Commanders will establish rates
to be charged for services furnished at
Air Force installations in accordance
with current directives. These rates
will not be lower than local rates for
similar services.
(c) Petroleum products will be sold
in accordance with current directives.
(d) Emergency supplies will be sold at
the local fair market price or at a price
computed as follows, whichever is higher:
(1) Determine basic cost including
cost of transportation to the installation.
(2) Add 15 percent of subparagraph
(1) of this paragraph for handling
charges.
(3) Add 3 percent of total of subpara-
graphs (1) and (2) of this paragraph for
administrative charges. Subject to the
provisions of this Part the sale of supplies
overseas will be in accordance with cur-
rent directives.
(e) Engines may be loaned or sold at
overseas installations in accordance with
current directives.
(f) Aircraft damaged to such an extent
that major repairs are required may be
stored temporarily in damaged condition
at the rates established in ? 822.11. The
commander will assume no responsibility
for the aircraft and the operator will be
required to remove the aircraft from the
installation as soon as possible.
(g) Emergency medical services may
be furnished. Charges will be made in
accordance with current directives.
(h) A record of sales of supplies and
services will be maintained at each in-
stallation.
REVOCATION
CROSS REFERENCE: For revocation of
this part, see Part 822 of this chapter,
supra.
TITLE 49-TRANSPORTATIOIN
Chapter I-Interstate Commerce
Commission
Subchapter B-Carriers by Moto; Vehicles
[Ex Parte MC-431
PART 207-LEASE AND INTERChiANGE OF
VEHICLES
RENTAL OF EQUIPMENT TO PRIVATE CARRIERS
AND SHIPPERS; POSTPONEMENT OF EFFEC-
TIVE DATE
At a general session of the Interstate
Commerce Commission, held at its office
in Washington, D. C., this 31st day of
August A. D. 1953.
The matter of rules and regulations
governing the lease and interchange of
vehicles by motor carriers prescribed by
order dated May 8, 1951, being under
consideration; and
regulations have not yet been made
effective; and
it further appearing, that P. Ballantine
and Sons, and Manufacturers Express,
Inc., have filed a petition dated August
10, 1953, requesting that the effective
date of ? 207.6 (b) be postponed for a
period of one year, only insofar as it is
applicable to them, and good cause ap-
pearing therefor:
It is ordered, That the effective date,
September 1, 1953, of ? 207.6 (b) be, and
it is hereby postponed to July 1, 1954,
only insofar as it is applicable in con-
nection with the outstanding lease of
equipment agreement between Manu-
facturers Express, Inc., and P. Ballantine
and Sons.
Notice of this order shall be given to
the general public by depositing a copy
thereof in the office of the Secretary of
the Commission at Washington, D. C.,
and by filing a copy with the Director,
Division of the Federal Register.
(49 Stat. 546, as amended; 49 U. S. C. :304)
By the Commission.
[SEAL] GEORGE W. LAIRD,
Acting Secretary.
IF. R. Doc. 53-7764; Filed, Sept. 4, 1.953;
8:46 a. m.1
PROPOSED RULE MAKING
DEPARTMENT OF THE TREASURY
Internal Revenue Service
[ 26 CFR Parts 19, 29 1
CERTAIN NONDISTRIBUTABLE INCOME EX-
CLUDED IN COMPUTING SPECIAL SURTAX
ON PERSONAL HOLDING COMPANIES
NOTICE OF PROPOSED RULE MAKING
Notice is hereby given, pursuant to the
Administrative Procedure Act, approved
June 11, 1946, that the regulations set
forth in tentative form below are pro-
posed to be prescribed by the Commis-
sioner of Internal Revenue, with the
approval of the Secretary of the Treas-
ury. Prior to the final adoption of such
regulations, consideration will be given
to any data, views, or arguments pertain-
ing thereto which are submitted in writ-
ing in duplicate to the Commissioner of
Internal Revenue, Washington 25, D. C.,
within the period of 30 days from the date
of publication of this notice in the FED-
ERAL REGISTER. The proposed regulations
are to be issued under the authority con-
tained in sections 62 and 3791 of the
Internal Revenue Code (53 $tat. 32, 467;
26 U. S. C. 62, 3791).
[SEAL] T. COLEMAN ANDREWS,
Commissioner of Internal Revenue.
In order to conform Regulations 103
(26 CFR Part 19) and Regulations 111
(26 CFR Part 29) to section 349 of the
Revenue Act of 1951, approved October
20, 1951, such regulations are amended
as follows:.
PARAGRAPH 1. There is inserted im=
mediately preceding ? 19.504-1 the fol-
lowing:
SEC. 349. NONDISTRIBUTABLE INCOME OF
PERSONAL HOLDING COMPANIES. (REVENUE ACT
OF 1951, APPROVED OCTOBER 20, 1951.)
Effective for taxable years beginning after
December 31, 1939, section 504 is hereby
amended by adding at the end thereof the
following new subsection:
(e) The amount by which the undis-
tributed subchapter A net income deter-
mined without reference to this subsection
exceeds the amount which could be distrib-
uted on the last day of the taxable year as
a dividend (1) without violating any action,
regulation, rule, order, or proclamation
taken, promulgated, made, or issued by, or
pursuant to the direction of, the President
or any agency that he may designate, under
the Trading With the Enemy Act of October
16, 1917, as amended, or the First War Pow-
ers Act of 1941, and (2) not subject to a
lien in favor of the United States.
PAR. 2. Section 19.504-1, as amended
by Treasury Decision 5228, approved
February 13, 1943, is further amended as
follows:
(A) By deleting in the first sentence
thereof the word "and" which iril:medi-
ately precedes "(d)".
(B) By striking out the period at the
end of the first sentence and inserting
in lieu thereof a comma and the follow-
ing: "and (e), for taxable years begin-
ning after December 31, 1939, the amount
by which the undistributed subchapter
A net income (determined without refer-
ence to this provision) exceeds the
? 822.13 Forms. Forms may be ob-
tained by writing to the Director of In-
stallations, Headquarters, United States
Air Force, Attention: Real Estate Di-
vision, Washington 25, D. C.
[SEAL] K. E. THIEBAUD,
Colonel, U. S. Air Force,
Air Adjutant General.
IF. R. Doc. 53-7771; Filed, Sept. 4, 1953;
8:47 a. in.]
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amount which could be distributed on
the last day of the taxable year as a
dividend (1) without violating any ac-
tion, regulation, rule, order, or proclama-
tion taken, promulgated, made, or issued
by, or pursuant to the direction of, the
President or any agency that he may
designate, under the Trading With the
Enemy Act, 40 Stat. 411, as amended (50
U. S. C. App. 1 et seq.), or the First War
Powers Act, 1941, 55 Stat. 838 (50 U. S. C.
App. 601 et seq.), and (2) not subject to
a lien in favor of the United States."
PAR. 3. There is inserted immediately
preceding ? 29.504-1 the following:
SEC. 349. NONDISTRIBUTABLE INCOME OF PER-
SONAL HOLDING COMPANIES (REVENUE ACT OF
1951, APPROVED OCTOBER 20, 1951).
Effective for taxable years beginning after
December 31, 1939, section 504 is hereby
amended by adding at the end thereof the
following new subsection:
(e) The amount by which the undistrib-
uted subchapter A net income determined
without reference to this subsection exceeds
the amount which could be distributed on
the last day of the taxable year as a divi-
dend (1) without violating any action, regu-
lation, rule, order, or proclamation taken,
promulgated, made, or issued by, or pursuant
to the direction of, the President or any
agency that he may designate, under the
Trading With the Enemy Act of October 16,
1917, as amended, or the First War Powers
Act of 1941, and (2) not subject to a lien
in favor of the United States.
PAR. 4. Section 29.504-1 is amended as
follows :
(A) By deleting in the first sentence
thereof the word "and" which imme-
diately precedes "(d)".
(B) By striking out the period at the
end of the first sentence. and inserting
in lieu thereof a comma and the follow-
ing: "and (e) the amount by which the
undistributed subchapter A net income
'(determined without reference to this
provision) exceeds the amount which
could be distributed on the last day of
the taxable year as a dividend (1) with-
out violating any action, regulation,
rule, order, or proclamation taken, pro-
mulgated, made, or issued by, or pursu-
ant to the direction of, the President or
any agency that he may designate,
under the Trading With the Enemy Act,
40 Stat. 411, as amended (50 U. S. C. App.
1 et seq.), or the First War Powers Act,
1941, 55 Stat. 838 (50 U. S. C. App. 601 et
seq.), and (2) not subject to a lien in
favor of the United States."
F. R. Doe. 53-7777; Filed, Sept. 4, 1953;
8:48 a. m.]
DEPARTMENT OF AGRICULTURE
Notice is hereby given that the United
States Department of Agriculture is con-
Production and Marketing
Administration
17 CM Part 52]
S. STANDARDS FOR GRADES OF PEELED
WHITE POTATOES 1
NOTICE OF PROPOSED RULE MAKING
1 The requirements of these standards
shall not excuse failure to comply with the
provisions of the Federal Food, Drug, and
Cosmetic Act.
e 2003/q BFI 9P?0B01676R0
sidering the issuance, as herein pro-
posed, of United States Standards for
Grades of Peeled White Potatoes, pur-
suant to the authority contained in the
Agricultural Marketing Act of 1946 (60
Stat. 1087; 7 U. S. C. 1621, et seq.), and
the Department of Agriculture Appro-
priation Act, 1954 (Pub. Law 156; 83d
Cong., approved July 28, 1953). These
standards, if made effective, will be the
first issue by the Department of grade
standards for this product.
All persons who desire to submit
written data, views, or arguments for
consideration in connection with the
proposed standards should file same, in
duplicate, with the Chief, Processed
Products Standardization and Inspection
Division, Fruit and Vegetable Branch,
Production and Marketing Administra-
tion, United States Department of Agri-
culture, Washington 25, D. C., not later
than 30 days after publication hereof in
the FEDERAL REGISTER.
The proposed standard is as follows:
? 52.586 Peeled white potatoes.
"Peeled white potatoes" are prepared
from the clean, sound, fresh tuber of
the potato plant by washing, peeling,
trimming, sorting, and by proper treat-
ment to prevent discoloration, properly
packed in suitable containers, securely
closed to maintain the product in a
sanitary condition and stored at temp-
eratures necessary for the preservation
of the product.
(a) Styles of peeled white potatoes.
(1) "Whole" or "whole potatoes" means
peeled white potatoes consisting of whole
potatoes that retain the approximate
original conformation of the whole
potato.
(2) "Slices," "sliced," or "sliced po-
tatoes" means peeled white potatoes
consisting of potato slices of practically
uniform thickness.
(3) "Dice," "diced," or "diced pota-
toes" means peeled white potatoes con-
sisting of cubed potatoes having edges,
other than the rounded outer edges,
measuring approximately 1/2 inch or
less.
(4) "Julienne," "French style," or
"shoestring" means peeled white pota-
toes consisting of strips of potatoes.
(5) "Pieces" means peeled white po-
tatoes which with respect to size or shape
do not conform to any of the foregoing
styles.
(b) Grades of peeled white potatoes.
(1) "U. S. Grade A" or "U. S. Fancy" is
the quality of peeled white potatoes that
possess similar varietal characteristics;
that possess a normal flavor and odor;
that are not materially affected by the
presence of free starch; that possess a
good color; that are practically free from
defects; that possess a good texture; that
are uniform in size and shape; and that
for those factors which are scored in ac-
cordance with the scoring system out-
lined in this standard the total score
is not less than 85 points : Provided, That
the peeled white potatoes may be fairly
uniform in size and shape, if the total
score is not less than 85 points.
(2) "U. S. Grade C" or "U. S. Stand-
ard" is the quality of peeled white pota-
toes that may or may not possess similar
varietal characteristics; that possess a
normal flavor and odor; that are not
seriously affected by the presence of free
starch; that possess a fairly good color;
that are fairly free from defects; that
possess a fairly good texture; that are
fairly uniform in size and shape; and
that for those factors which are scored
in accordance with the scoring system
outlined in this section the total score
is not less than 70 points: Provided, That
the peeled white potatoes may fall below
the requirements of fairly uniform in
size and shape, if the total score is not
less than 70 points.
(3) "Substandard" is the quality of
peeled white potatoes that fail to meet
the requirements of U. S. Grade C or
U. S. Standard.
(c) Sizes of peeled whole white pota-
toes. (1) The size of a round or inter-
mediate shaped whole potato is deter-
mined by measuring the largest diameter
at right angles to its longitudinal axis.
(2) The sizes of long varieties except
for the minimum size of Small (Size 1)
potatoes is determined by weighing.
(3) The word and numerical designa-
tions of the various sizes of peeled whole
white potatoes are shown in Table No. II
of this section.
TABLE No. II
SIZES OF ROUND OR INTERMEDIATE. SHAPED
VARIETIES OF PEELED WHOLE WHITE POTATOES
Tolerance for
size
Word des-
ignation
Num-
ber
desig-
nation
Approximate
diameter
(inches)
Under-
size
(Per-
cent
by
weight)
Over-
size
(per-
cent
by
weight)
Medium to
large.'
Size 2_
Size 3-
Size 4_
1% inches
to and in-
cluding 24
inches.
2)4 inches to
and includ-
ing 3 inches.
2/ inches to
and includ-
ing 4 inches.
3 inches to and
including 4
inches.
SIZES OF LONG VARIETIES OF PEELED WHOLE WHITE
POTATOES
Word des-
ignation
Medium to
large?
1 More than 15 percent, by weight, of all the potatoes
range from 3 inches to 4 inches in diameter.
2 More than 15 percent, by weight, of all the potatoes
range from 10 ounces to 16 ounces in weight.
Num-
ber
desig-
nation
Size 2_
Size 3_
Size 4_
Diameter
(inches) and
weight(ounces)
1/z inches (di-
ameter) to
and includ-
ing 4 ounces.
4 ounces to and
including 10
ounces.
4 ounces to and
including 16
ounces.
10 ounces to
and includ-
ingl6ounces.
Tolerance for
size
Under-
size
(per-
con t by
weight)
Over-
size
(per-
cent by
weight)
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(d) Sizes of potato slices in sliced
white potatoes. The size of any slice in
sliced white potatoes is determined by
measuring the smallest diameter of the
largest surface of the slice. The desig-
nation of the various sizes of slices in
sliced white potatoes is shown in Table
No. III of this section.
TABLE NO. III-SIZES OF SLICES IN SLICED WHITE
POTATOES
Tolerance for
size
word desig-
nation
Medium to
large '
Large --------
Smallest diameter in
inches
1,f inches to and In-
cluding 2)4 inches.
2)4 inches to and in-
cluding 3 inches.
236 inches to and in-
cluding 4 inches.
3 inches to and includ-
ing 4 inches.
Under-
size
(per-
cent by
weight)
Ovar-
size
(per-
cent by
weight)
1 More than 15 percent, by weight, of all the slices
range from 3 to 4 inches in diameter.
(e) Ascertaining the grade. (1) The
grade of peeled white potatoes may be
ascertained by considering, in conjunc-
tion with the requirements of the respec-
tive grade, the respective ratings for
the factors of color, uniformity of size
and shape, absence of defects, and
texture.
(2) The relative importance of each
factor is expressed numerically on the
scale of 100. The maximum number of
points that may be given each factor is:
Factor: Points
(i)
Color -------------------------- 20
(it)
Uniformity of size and shape___- 20
(iii)
Absence of defects------------- 40
(iv)
Texture ----------------------- 20
Total score--------------------- 100
(3) "Normal flavor and odor" means
that the product is free from objection-
able flavors and objectionable odors of
any kind.
(f) Ascertaining the rating for each
factor. The essential variations within
each factor are so described that the
value may be ascertained for each factor
and expressed numerically. The numer-
ical range within each factor is inclusive
(for example, "17 to 20 points" means
17, 18, 19, or 20 points).
(1) Color. (i) Peeled white potatoes
that possess a good color may be given
a score of 17 to 20 points. "Good color"
means that the peeled white potatoes
are free from oxidation and possess a
practically uniform, light color typical
of peeled white potatoes prepared from
potatoes of similar varietal character-
istics.
iii l
() If the eeled white potatoes -s-
2
sess a fairly good color, a score of 14 (c) Diced potatoes. The units are 5 percent, by weight, of units affected by
to 16 points may be given. Peeled white fairly uniform in size and shape, with mechanical damage; and
potatoes that fall into this classification edges, other than the rounded outer 1 percent, by weight, of blemished units,
shall not be graded above U. S. Grade C edges, measuring approximately 1/2 inch and of such 1 percent, not more than 1/2
or U. S. Standard, regardless of the total or less, and the aggregate Weight of the thereof or 1/2 of 1 percent, by weight, of all
score for the product (this is a limiting units which are smaller than one-half of the units may be affected by blemished areas
rule). "Fairly good color" means that a cube and of all large and irregular which seriously affect the appearance or eat-
units does not exceed 25 percent of the ing quality of the unit.
the peeled white potatoes possess a fairly
uniform color; the color of the units, in- weight of all the units. (c) Diced; Julienne, French style, or
dividually or collectively, may be varia- (d) Julienne, French style, or shoe- shoestring. For each 20 ounces, by
ble, dull, slightly oxidized, or otherwise string. The strips of potatoes are fairly weight, of units there may be present:
discolored, but not to the extent that
the appearance is materially affected.
(iii) Peeled white potatoes that for
any reason fail to meet the requirements
of subdivision (ii) of this subparagraph
may be given a score of 0 to 13 points
and shall not be graded above Substand-
ard, regardless of the total score for the
product (this is a limiting r le).
(2) Uniformity of size andIshape. (i)
Peeled white potatoes that? are prac-
tically uniform in size and shape may
be given a score of 17 to; 20 points.
"Practically uniform in size and shape"
has the following meanings with re-
spect to the various styles of peeled white
potatoes.
(a) Whole Potatoes. The potatoes
may vary moderately in shape, and. the
diameter of the largest whole potato is
not more than 50 percent greater than
the diameter of the second smallest
potato.
(b) Sliced potatoes. The individual
slice is not more than 3/4 inch in thick-
ness when measured at the thickest por-
tion, and the diameter of the largest
slice is not more than 50 percent greater
than the diameter of the second smallest
slice.
(c) Diced potatoes. The units are
practically uniform in size and shape,
with edges, other than the rounded
outer edges, measuring approximately 1/2
inch or less, and the aggregate weight
of the units which are smaller than one-
half of a cube and of all large and ir-
regular units does not exceed 12 percent
of the weight of all the units.
(d) Julienne, French style, or shoe-
string. The strips of potatoes are prac-
tically uniform in size and shape with
cross sections measuring approximately tively, do not more than slightly affect
1/2 inch or less, and the aggregate weight the appearance or eating quality of the
of all strips less than 1 inch in length product. The following allowances pro-
does not exceed 15 percent of the weight vide a guide for scoring the various styles
of all the strips. of peeled potatoes which are practically
(e) Pieces. The individual units weigh free from defects:
not less than 1/2 ounce nor More than 2 (a) Whole potatoes. For each 20
ounces each and the weight of the largest ounces, by weight, of units there may be
unit is not more than twice the weight present:
of the second smallest unit. 1 piece or pieces of extraneous vegetable
(ii) If the peeled white potatoes are matter having an aggregate area of 1/2 square
fairly uniform in size and shape, a score inch (1" x 1/2");
of 14 to 16 points may be given. "Fairly 1o percent, by weight, of units, or one
uniform in. size and shape" has the fol- potato, whichever weighs more, affected by
lowing meanings with respect to the vari- mechanical damage; and
ous styles of peeled white potatoes : 2 percent, by weight, of blemished units,
and of such 2 percent, not more than 1/2
(a) Whole potatoes. The potatoes thereof or 1 percent, by weight, of all the
may vary considerably in shape, and the units, or 1 unit, whichever weighs more, may
diameter of the largest whole potato is be affected by blemished areas which seri-
not more than twice the diameter of the ously affect the appearance or eating quality
second smallest potato. of the unit.
(b) Sliced potatoes. The individual (b) Sliced potatoes; pieces. For each
slice is not more than 1 inch in thickness .20 ounces, by weight, of units there may
when measured at the thickest portion, be present:
and the diameter of the largest slice is
not more than twice the diameter of the 1 piece or pieces of extraneous vegetable
second smallest slice. matter having an aggregate area of 1/2 square
");
h
1" x /
nc (
i
uniform i:a size and shape with cross sec-
tions measuring approximately 1/2 inch
or less, and the aggregate weight of all
strips less than 1 inch in length does not
exceed 25 percent of the weight of all
the strips.
(e) Pieces. The individual units
weigh not less than 1/4 ounce nor more
than 3 ounces each and the weight; of
the largest unit is not more than four
times the weight of the second smallest
unit.
(iii) Peeled white potatoes that fail to
meet the requirements of subdivision
(ii) of this subparagraph may be given
a score of 0 to 13 points and shall not be
graded above U. S. Grade C or U. S.
Standard, regardless of the total score
for the product (this is a limiting rule).
(3) Absence of defects. (i) The fac-
tor of absence,of defects refers to the
degree of freedom from extraneousvege-
table matter, peel, blemished units, and
mechanical damage.
(a) "Extraneous vegetable matter"
means loose pieces of peel, pieces of
grass, fiber, or any portions thereof.
(b) "Blemished" means affected by
brown or black internal or external dis-
coloration, physiological or pathological
injury, discolored eyes, unpeeled eyes,
scab, or blemished by other means.
(c) "Mechanical damage" m e an s
crushed, broken, or cracked units, ex-
cessively frayed surfaces and edges, and
trimming which alters the normal shape
of the unit, or damaged by other means.
(ii) Peeled white potatoes that are
practically free from defects may be
given a score of 34 to 40 points. "Prac-
tically free from defects" means that the
aforesaid defects, individually or collec-
0
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I piece or pieces of extraneous vegetable
matter having an aggregate area of 1/2 square
inch (1" x 1/2");
2 percent, by weight, of units affected by
mechanical damage; and
1/2 of 1 percent, by weight, of blemished
units, and of such 1/2 of 1 percent not more
than 1/4 thereof or 1/4 of 1 percent, by weight,
of all the units may be affected by blemished
areas which seriously affect the appearance
or eating quality of the unit.
(iii) If the peeled white potatoes are
fairly free from defects, a score of 28
to 33 points may be given. Peeled white
potatoes that fall into this classification
shall not be graded above U. S. Grade
C or U. S. Standard, regardless of the
total score for the product (this is a
limiting rule). "Fairly free from de-
fects" means that the aforesaid defects,
individually or collectively, do not seri-
ously affect the appearance or eating
quality of the product. The following
allowances provide a guide for scoring
peeled potatoes which are fairly free
from defects:
(a) Whole potatoes. For each 20
ounces, by weight, of units there may
be present:
? 1 piece or pieces of extraneous vegetable
matter having an aggregate area of 1 square
inch (1" x 1");
20 percent, by weight, of units affected
by mechanical damage; and
4 percent, by weight, of blemished units,
and of such 4 percent not more than 1/2
thereof or 2 percent, by weight, of all the
units may be affected by blemished areas
which seriously affect the appearance or
eating quality of the unit.
(b) Sliced potatoes; pieces. For each
20 ounces, by weight, of units there may
be present:
1 piece or pieces of extraneous vegetable
matter having an aggregate area of more
than 1/2 square inch but not more than 1
square inch (1" x 1");
10 percent, by weight, of units affected by
mechanical damage; and
2 percent, by weight, of blemished units
and of such 2 percent not more than 1/2
thereof or 1 percent, by weight, of all the
units may be affected by blemished areas
which seriously affect the appearance or
eating quality of the unit.
(c) Diced; Julienne, French style, or
shoestring. For each 20 ounces, by
weight, of units there may be present:
1 piece or pieces of extraneous vegetable
matter having an aggregate area of more
than 1/2 square inch but not more than 1
square inch (1" x 1");
4 percent, by weight, of units affected by
mechanical damage; and
1 percent, by weight, of blemished units
and of such 1 percent not more than %
thereof or 1/2 of 1 percent, by weight, of all
the units may be affected by blemished areas
which seriously affect the appearance or eat-
ing quality of the unit.
(iv) Peeled white potatoes that fail
to meet the requirements of subdivision
(iii) of this subparagraph may be given
a score of 0 to 27 points and shall not be
graded above Substandard, regardless
of the total score for the product (this
is a limiting rule).
(4) Texaure. (i) Peeled white pota-
toes that possess a good texture may be
given a score of 17 to 20 points. "Good
texture" means that the units are firm
and typical of properly prepared pota-
toes.
(ii) If the peeled white potatoes pos-
sess a fairly good texture, a score of 14
to 16 points may be given. Peeled white
potatoes that fall into this classification
shall not be graded above U. S. Grade C
or U. S. Standard, regardless of the total
score for the product (this is a limiting
rule). "Fairly good texture" means
that the units may be not more than
slightly shriveled, spongy, or flabby.
(iii) Peeled white potatoes that fail
to meet the requirements of subdivision
(ii) of this subparagraph may be given a
score of 0 to 21 points and shall not be
graded above Substandard, regardless'of
the total score for the product (this is a
limiting rule).
(g) Tolerances for certification of
officially drawn samples. (1) When cer-
tifying samples that have been officially
drawn and which represent a specific lot
of peeled white potatoes the grade for
such lot will be determined by averaging
the total scores of the containers com-
prising the sample, if, with respect to
those factors which are scored:
U) Not more than one-sixth of the
containers fails to meet the grade indi-
cated by the average of such total
scores;
(ii) None of the containers falls more
than 4 points below the minimum score
for the grade indicated by the average
of such total scores;
(iii) None of the containers falls
more than one grade below the grade
indicated by the average of such total
scores;
(iv) The average score of all contain-
ers for any factor subject to a limiting
rule is within the score range of that
factor for the grade indicated by the
average of the total scores of the con-
tainers comprising the sample; and
(2) All containers comprising the
sample meet all applicable standards of
quality promulgated under the Federal
Food, Drug, and Cosmetic Act and in
effect at the time of the aforesaid
certification.
(h) Score sheet for peeled white
potatoes.
Size and kind of container__________
______
_
Container mark or identification___
_
_
__________
_______
_______
___-
-
Label
-
Net weight (in ounces)______________________
_____
--
----------------------
---------
-------
----
Size of whole whole potatoes (count)______
Size
_________
_______
Size of sliced potatoes (diameter) -------------------
----
Factors
Score Points
(A)
17-20
I. Color_____________________
20
(C)
1
114-16
(sstd.)
10-13
(A)
17-20
II. Uniformity of size and
20
(C)
14-16
shape.
(SStd.)
10-13
(A)
34-40
Ill. Absence of defects --------
40
J
(C)
128-33
SStd.)
10-27
(A)
17-20
IV. Texture__________________
20
(C)
114-16
(SStd.)
10-13
Total score --------------
100
----------------
Normal flavor and odor ___-______------------------
Grade-----------------------------
----------------
Done at Washington, D. C., this 2d
day of September 1953.
[SEAL] ROY W. LENNARTSON.
Assistant Administrator, Pro-
duction and Marketing Ad-
ministration.
[F. R. Doe. 53-7783; Filed, Sept. 4, 1953;
8:49 a. in. ]
[ 7 CFR Parts 723, 727 ]
CIGAR-FILLER TOBACCO, AND CIGAR-FILLER
AND BINDER TOBACCO; MARYLAND TOBACCO
NOTICE OF DETERMINATIONS TO BE MADE
WITH RESPECT TO TOBACCO MARKETING
QUOTAS FOR 1954-55 MARKETING YEAR
Pursuant to the Agricultural Adjust-
ment Act of 1938, as amended, the Secre-
tary of Agriculture is preparing to pro-
claim national marketing quotas for
cigar-filler tobacco, cigar-filler and
binder tobacco, and Maryland tobacco,
for the 1954-55 marketing year, deter-
mine the amount of the national market-
ing quota for each such kind of tobacco,
apportion the national marketing quotas
among the several States, and convert
the State marketing quotas into State
acreage allotments.
The Agricultural Adjustment Act of
1938, as amended (7 U. S. C. 1312 (a) ),
provides that the Secretary of Agricul-
ture shall proclaim a national marketing
quota for each marketing year for each
kind of tobacco for which a national
marketing quota was proclaimed for the
immediately preceding marketing year.
The act (7 U. S. C. 1301 (b) (15)) defines
"tobacco" as each one of the kinds of
tobacco listed below comprising the types
specified as classified in Service and
Regulatory Announcement Numbered
118 (7 CFR Part 30) of the Bureau of
Agricultural Economics of the Depart-
ment:
Flue-cured tobacco, comprising types 11,
12, 13, and 14;
Fire-cured tobacco, comprising types 21,
22, 23, and 24;
Dark air-cured tobacco, comprising types
35 and 36;
Virginia sun-cured tobacco, comprising
type 37;
Burley tobacco, comprising type 31;
Maryland tobacco, comprising type 32;
Cigar-filler and cigar-binder tobacco, com-
prising types 42, 43, 44, 45, 46, 51, 52, 53, 54,
and 55;
Cigar-filler tobacco, comprising type 41.
The act provides that any one or more
of the types comprising any such kind of
tobacco shall be treated as a "kind of
tobacco" for the purposes of this act if
the Secretary finds that there is a differ-
ence in supply and demand conditions as
among such types of tobacco which re-
sults in a difference in the adjustments
needed in the marketings thereof in
order to maintain supplies in line with
demand. Pursuant to this authority the
Secretary has determined (15 F. R. 8214)
that type 46 tobacco shall be treated as a
separate kind of tobacco for purposes of
marketing quotas and price supports on
the 1951 and subsequent crops of such
tobacco.
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PmOPOSED RULE MAKING
"normal year's domestic co)'isumption"
is defined as the yearly avera~e quantity
produced in the United States and con-
sumed in the United States during the
ten marketing years ilnmeciately pre-
ceding the marketing year in which such
consumption is determined, adjusted for
current trends in such consumption.. A
"normal year's exports" is de['ined as the
yearly average quantity pro used in the
United States which was exorted from
the United States. during the ten mar-
keting years immediately preceding the
marketing year in which such exports
are determined, adjusted or current
trends in such exports.
The act (7 U. S. C: 1312 (b)) requires
that within 30 days after a national
marketing quota is proclaimed for the
1954-55 marketing year for cigar-filler
tobacco, cigar-filler and binder tobacco,
or Maryland tobacco, the Seqretary shall
conduct a referendum of farmers who
are engaged in the production of the
1953 crop of each of such kinds of to-
bacco to determine whether such farmers
are in favor of or opposed to such quota.
If more than one-third of the farmers
voting in the referendum oppose such
quota, the quota shall not be effective
thereafter. The Secretary is also re-
quired to submit to such farmers the
question of whether they favor market-
ing quotas for a period of 'three years
beginning with the 1954-5$ marketing
year. If two-thirds of the farmers vot-
ing on this question favor quotas for
such three-year period, the Secretary is
required to proclaim marketing quotas
for such period. A separate, referendum
will be held for each of such kinds of
tobacco and the results of any referen-
dum will not affect the results of any
other referendum.
The act (7 U. S. C. 1313 (a)) requires
the Secretary to apportion the national
marketing quota, less the amount to be
allotted under subsection (q) of section
1313 (small farms and "new" farms),
among the several States on the basis of
the total production in each State during
the five calendar years immediately pre-
ceding the calendar year in which the
quota is proclaimed, with Such adjust-
ments as are determined to be necessary
to make correction for abnormal condi-
tions of production, for small farms, and
for trends in production, giving the con-
sideration to seed bed and other plant
diseases during such five-year period.
The act (7 U. S. C. 1313 (g),) authorizes
the Secretary to convert State marketing
quotas into State acreage allotments on
the basis of average yield pet acre for the
State during the five years last preceding
the year in which the national marketing
quota is proclaimed, adjusted for abnor-
mal conditions of production.
In making the determinations of the
amounts of the national marketing
quotas, the apportionment of the quotas
among the several States, and the con-
version of State marketing quotas into
State acreage allotments, consideration
will be given to any data, views and rec-
ommendations pertaining thereto which
are submitted in writing to the Director,
Tobacco Branch, Production and Mar-
keting Administration, United States De-
partment of Agriculture, Washington,
25, D. C. All submissions must be post-
marked not later than 15 days from the
date of publication of this notice in the
FEDERAL REGISTER in order to be con-
sidered.
Issued at Washirgton, D. C., this 2d
day of September 1953.
[SEAL] M. B. BRASWELL,
Acting Administrator.
IF. R. Doc. 53-7786; Filed, Sept. 4, :1953;
8:50 a. m. ]
The act (7 U. S. C. 1313 (i)) provides
that notwithstanding any other provi-
sion of the act, whenever after investiga-
tion the Secretary determines with
respect to any kind of tobacco that a sub-
stantial difference exists in the usage or
market outlets for any one or more of
the types comprising such kind of
tobacco and that the quantity of tobacco
of such type or types to be produced
under the marketing quotas and acreage
allotments established pursuant to this
section would not be sufficient to provide
an adequate supply for estimated market
demands and carry-over requirements
for such type or types of tobacco, the
Secretary shall increase the marketing
quotas and acreage allotments for farms
producing such type or types of tobacco
in the preceding year to the extent neces-
sary to make available a supply of such
type or types of tobacco adequate to meet
such demands and carry-over require-
ments. The increases in farm market-
ing quotas and acreage allotments shall
be made on the basis of the production of
such type or types of tobacco during the
period of years considered in establish-
ing farm marketing quotas and acreage
allotments for such kind of tobacco. The
additional production authorized by this
subsection shall be in addition to the na-
tional marketing quota established for
such kind of tobacco pursuant to section
312 of this act. The increase in acreage
under this subsection shall not be con-
sidered in establishing future State or
farm acreage allotments.
National marketing quotas were pro-
claimed for the 1953-54 marketing year
as follows:
Kind of tobacco:
Cigar-filler; 17 F. R. 8892.
Cigar-filler and binder; 17 F. R. 8892.
Maryland; 17 F. R. 8893.
The act (7 U. S. C. 1312 (a)) provides
that the Secretary shall also determine
and specify in such proclamation the
amount of the national marketing quota
in terms of the total quantity of tobacco
which may be marketed, which will make
available during such marketing' year a
supply of tobacco equal to the reserve
supply level. The act provides further
that the amount of the 1954-55 national
marketing quota may, not later than
March 1, 1954, be increased by not more
than 20 per centum if the Secretary de-
termines that such increase is necessary
in order to meet market demands or
to avoid undue restriction of marketings
in adjusting the total supply to the
reserve supply level. The act (7 U. S. C.
1301 (b)) defines the "total supply" of
tobacco for any marketing year as the
carry-over at the beginning of the mar-
keting year (or on January 1 of such
marketing year in the case of Maryland
tobacco) plus the estimated production
in the United States during the calendar
year in which such marketing year be-
gins. "Reserve supply level" is defined
as the normal supply plus 5 per centum
thereof. "Normal supply" is defined as a
normal year's domestic consumption and
exports, plus 175 per centum of a normal
year's domestic consumption and 65 per
centum of a normal year's exports. A
t 7 CFR Port 939 1
BEURRE D'ANJOU, BEURRE Bosc, WINTER
NELIS, DOYENNE DU COMICE, BEURRE
EASTER, AND BEURRE CLAIRGEAU PEARS
GROWN IN OREGON, WASHINGTON, AND
CALIFORNIA
EXPENSES AND FIXING O>T RATE OF ASSESS-
MENT FOR 1953-54 FISCAL PERIOD
Consideration is being given to the
following proposals which were sub-
mitted by the Control Committee, estab-
lished under the marketing agreement,
as amended, and Order No. 39, as
amended (7 CFR Part 939), regulating
the handling of Beurre D'Anjou, Beurre
Boss, Winter Nelis, Doyenne du Co:mice,
Beurre Easter, and Beurre Clairgeau
varieties of pears grown in Oregon,
Washington and California, effective
under the applicable provisions of the
Agricultural Market Agreement Act of
1937, as amended, as the agency to ad-
minister the terms and provisions
thereof:
(a) That the Secretary of Agriculture
find that expenses not to exceed
$24,640.00 are likely to be incurred by
said committee during the fiscal period
beginning July 1, 1953, and ending June
30, 1954, both dates inclusive, for its
maintenance and functioning under the
aforesaid amended marketing agreement
and order; and
(b) That the Secretary of Agriculture
fix, as the pro rata share of such ex-
penses which each handler. shall pay in
accordance with the provisions of the
aforesaid amended marketing agree-
ment and order during the aforesaid
fiscal period, the rate of assessment at
five mills ($0.005) per standard western
pear box of pears or its equivalent of
pears in other containers or in bulk,
shipped by such handler during said
fiscal period.
?
9
All persons, who desire to submit
written data, views, or arguments for
consideration in connection with the
aforesaid proposals may do so by mailing
the same to the Director, Fruit and'Vege-
table Branch, Production and Market-
ing Administration, Room 2077, South
Building, Washington 25, D. C., not later
than the 10th day after the publication
of this notice in the FEDERAL REGISTER.
Terms used in the amended marketing
agreement and order shall, when used
herein, have the same meaning as is
given to the respective term in said
amended marketing agreement and
order.
(Sec. 5, 49 Stat. 753, as amended; 7 V. S. O.
and Sup. 608c)
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Saturday, September 5, 1953 FEDERAL REGISTER
Done at Washington, D. C., this 2d
day of September 1953.
[SEAL] FLOYD F. HEDLUND,
Acting Director, Fruit and Vege-
table Branch, Production and
Marketing Administration.
IF. R. Doc. 53-7782; Filed, Sept. 4, 1953;
8:49 a. m.]
[7 CFR Part 949 ]
[Docket No. AO-232-A-2]
MILK IN THE SAN ANTONIO, TEXAS,
MARKETING AREA
NOTICE OF EXTENSION OF TIME FOR FILING
EXCEPTIONS
Notice is hereby given that the time
within which interested parties may file
written exceptions to the recommended
decision of the Acting Assistant Admin-
istrator, Production and Marketing Ad-
ministration, United States Department
of Agriculture, with respect to a pro-
posed amendment to the tentative mar-
keting agreement and to the order, as
amended, regulating the handling of
milk in the San Antonio, Texas, market-
area, which was issued on August 20,
1953, and published in the FEDERAL REG-
ISTER on August 26, 1953 (18 F. R. 5088) ,
is hereby extended to the close of busi-
ness on September 15, 1953. Exceptions
filed pursuant to this notice should be
filed with the Hearing Clerk, United
States Department of Agriculture, Wash-
ington 25, D. C., in quadruplicate.
Dated: September 3, 1953, at Wash-
ington, D. C.
[SEAL] Roy W. LENNARTSON,
Assistant Administrator.
IF. R. Doc. 53-7826; Filed, Sept. 4, 1953;
9:14 a. m.]
[7 CFR Part 958 ]
IRISH POTATOES GROWN IN COLORADO
NOTICE OF PROPOSED BUDGETS AND RATE OF
ASSESSMENTS
Notice is hereby given that the Secre-
tary of Agriculture is considering the ap-
proval of the budgets and rate of assess-
ments hereinafter set forth which were
recommended by the administrative
committees for Areas No. 2 and 3, estab-
lished pursuant to Marketing Agreement
No. 97 and Order No. 58 (7 CFR Part
958), regulating the handling of Irish
potatoes grown in the State of Colorado
issued under the Agricultural Marketing
Agreement Act of 1937, as amended (48
Stat. 31, as amended, 7 U. S. C. 601 et
seq.).
Consideration will be given to any data,
views or arguments pertaining thereto
which are filed in triplicate with the
Director, Fruit and Vegetable Branch,
Production and Marketing Administra-
tion, U. S. Department of Agriculture,
Washington 25, D. C., not later than 15
days following publication in the FEDERAL
REGISTER. The proposals are as follows:
NOTICES
FEDERAL COMMUNICATIONS
COMMISSION
[Docket Nos. 8959, 10641]
RADIO WISCONSIN, INC., AND BADGER
TELEVISION CO., INC.
ORDER CONTINUING HEARING
In re applications of Radio Wisconsin,
Inc., Madison, Wisconsin, Docket No.
.8959, File No. BPCT-410; Badger Tele-
vision Co., Inc., Madison, Wisconsin,
Docket No. 10641, File No. BPCT-1472;
for construction permits for new televi-
sion stations.
A pre-trial conference was held in the
above entitled matter at the Commis-
sion's offices on August 18, 1953. The
parties agreed to exchange certain sup-
plemental information looking toward a
more precise evaluation of each others
cases and points of reliance. An infor-
mal understanding as to the scope of the
information proposed to be exchanged
was reached and agreed upon. In order
to accommodate the schedule of counsel
for the applicants and the Commission's
Broadcast Bureau and in order to permit
an opportunity.to obtain and properly
develop and exchange the supplemental
information heretofore referred to, it was
agreed that the conference now set for
September 11, 1953, would be deferred
until October 2, 1953. In the interven-
ing period, parties will exchange the sup-
plemental information and on October
2d will submit to the Examiner a precise
statement of those matters upon which
they wish to rely.
Accordingly, it is ordered, That the
hearing conference designated for Sep-
tember 11, 1953, be advanced to, and be
held on, October 2, 1953, at 10:00 a. m.,
at Washington, D. C.
Dated : August 28, 1953.
FEDERAL COMMUNICATIONS
COMMISSION,
[SEAL] WM. P. MASSING,
Acting Secretary.
IF. R. Doc. 53-7778; Filed, Sept. 4, 1953;
8:48 a. m.1
[Docket No. 9964]
AZALEA BROADCASTING CO.
ORDER SCHEDULING HEARING
In re application of Charles W. Holt,
Clarence M. Dossett, Dave A. Matison,
Jr., and Bernard Reed Green, d/b as
Azalea Broadcasting Company, Mobile,
Alabama, Docket No. 9964, File No. BP-
7830; for construction permit.
? 958.214 Budgets of expenses and
rate of assessments. (a) The expenses
necessary to be incurred by the admin-
istrative committees for Areas No. 2 and
3, established pursuant to Marketing
Agreement No. 97 and Order No. 58 to
enable such committees to carry out
their functions pursuant to the pro-
visions of the aforesaid marketing
agreement and order during the fiscal
year ending May 31, 1954, will amount to
$3,024 for Area No. 2 and $2,380 for
Area No. 3.
(b) The rate of assessments to be paid
by each handler who first ships potatoes
from Area No. 2 shall be $0.001 per
hundredweight and from Area No. 3
shall be $0.0017 per hundredweight of
potatoes handled by each handler as the
first handler thereof in the respective
production areas during said fiscal year,
and
(c) The terms used in this section
shall have the same meaning as when
used in Marketing Agreement No. 97
and Order No. 58 (7 CFR Part 958).
(Sec. 5, 49 Stat. 753, as amended, 7 U. S. C.
and Sup. 608c)
Done at Washington, D. C., this 2nd
day of September 1953.
[SEAL] FLOYD F. HEDLUND,
Acting Director, Fruit and Vege-
table Branch, Production and
Marketing Administration.
IF. R. Doc. 53-7784; Filed, Sept. 4, 1953;
8:50 a. m.]
The Commission having under con-
sideration its order of February 12, 1953,
granting a petition filed by applicant
herein requesting an indefinite continu-
ance of the hearing then scheduled for
February 18, 1953, pending a relocation
of the proposed antenna site;
It is ordered, This 31st day of August
1953, on the Examiner's own motion,
that the hearing herein is scheduled for
Monday, the 12th day of October 1953,
at 10:00 a. m., at Washington, D. C.
FEDERAL COMMUNICATIONS
COMMISSION,
[SEAL] WM. P. MASSING,
Acting Secretary.
IF. R. Doc. 53-7779; Filed, Sept. 4, 1953;
8:48 a. m.]
[Docket No. 10645]
GLOBE WIRELESS, LTD.
ORDER CONTINUING HEARING
In the matter of Globe Wireless Ltd.,
Docket No. 10645, File No. 1171-C4-ML-
53; application for modification of its
Mussel Rock, California, point-to-point
radiotelegraph station license to au-
thorize addressed press service.
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NOTICES
Globe Wireless Ltd., having filed, on
August 28, 1953, a petition to vacate
order granting application and for dis-
missal of application, the hearing now
scheduled for September 8, 1953, is con-
tinued without date, pending action by
the Commission on the petition.
Dated: August 31, 1953.
FEDERAL COMMUNICATIONS
COMMISSION,
[SEAL] WM. P. MASSING,
Acting Secretary.
[F. R. Doc. 53-7780; Filed, Sept. 4, 1953;
8:48 a. m.]
DEPARTMENT OF AGRICULTURE
Production and Marketing
Administration
PEANUTS
NOTICE OF REDELEGATION OF FINAL AUTHOR-
ITY BY GEORGIA STATE PRODUCTION AND
MARKETING ADMINISTRATION COMMITTEE
REGARDING MARKETING QUOTA REGULA-
TIONS FOR 1953 CROP
The Marketing Quota Regulations for
the 1953 Crop of Peanuts (18 F. R. 3316),
issued pursuant to the marketing quota
provisions of the Agricultural Adjust-
ment Act of 1938, as amended (7 U. S. C.
1301-1393), provides that any authority
delegated to the State Production and
Marketing Administration Committee by
the regulations may be redelegated by
the State committee. In accordance
with section 3 (a) (1) of the Adminis-
trative Procedure Act (5 U. S. C. 1002
(a) ), which requires delegations of final
authority to be published in the FEDERAL
REGISTER, there are set out herein the
redelegations of final authority which
have been made by the Georgia State
Production and Marketing Administra-
tion Committee of authority vested in
such committee by the Secretary of Ag-
riculture in the regulations referred to
above. There are set out below the
sections of tie regulations in which
such authority 'appears and the person of
the Production and Marketing Admin-
istration to whom the authority has
been redelegated.
GEORGIA
Sections 729.441 (j) (2) and 729.453 (b):
T. R. Breedlove, Chairman, State PMA Com-
mittee; W. H. Booth, Member, State PMA
Committee; A. C. Jarrell, Marketing Quota
Specialist; and M. S. Fendley, Assistant
Marketing Quota Specialist.
Sections 729.453 (c) and 729.462 (d):
T. R: Breedlove, Chairman, State PMA Com-
mittee and W. H. Booth, Member, State PMA
Committee.
Section 729.461 (b) (2): T. R. Breed-
love, Chairman, State PMA Committee;
W. H. Booth, Member, State PMA Commit-
tee; and A. C. Jarrell, Marketing Quota
Specialist.
Issued at Washington, D. C., this 2d
day of September 1953.
[SEAL] M. B. BRASWELL,
Acting Administrator, Produc-
tion and Marketing Admin-
istration.
[F. R. Doc. 53-7785; Filed, Sept. 4, 1953;
8:50 a. m.]
SECURITIES AND EXCHANGE
COMMISSION
[Docket No. 70-31001
COLUMBIA GAS SYSTEM, INC., ET AL.
ORDER AUTHORIZING ISSUANCE AND SALE OF
SECURITIES BY SUBSIDIARIES TO PARENT
COMPANIES
SEPTEMBEii 1, 1953.
In the matter of The Columbia Gas
System, Inc., Atlantic Seaboard Corpora-
tion, Amere Gas Utilities Company,
Virginia Gas Distribution Corporation;
File No. 70-3100.
The Columbia Gas System, Inc.
("Columbia"), a registered holding
company, its wholly owned subsidiary
Atlantic Seaboard Corporation ("Sea-
board"), also a registered holding com-
pany, and Amere Gas Utilities Company
11 11 b t
n
D
t
In the interest of investors and con-
sumers that said application-declara-
tion, as amended, be granted and
permitted to become effective forthwith
without the imposition of terms and
conditions, other than those contained
in Rule U-24:
it is ordered, Pursuant to Rule U-23
and the applicable provisions of the act,
that said application-declaration, as
amended, be, and it hereby is, granted
and permitted to become effective forth-
with, subject to the terms and conditions
prescribed in Rule U-24.
By the Commission.
[SEAL] NELLYE A. THORSEN,
Assistant Secretary.
[F. R. Doc. 53-7772; Filed, Sept. 4, 1953;
8:47 a. m.]
rl u to
ls
( Amere) and v 1rgmla Gas
Corporation ("Distribution"), wholly FEDERAL POWER COMMISSION
owned subsidiaries of Seaboard, having
filed a joint application-declaration and
an amendment thereto with this Com-
mission pursuant to the Public Utility
Holding Company Act of 1935 ("the
act"), designating sections 6 (b), 7, 9
and 10 of the act as applicable to pro-
posed transactions, which are summar-
ized as follows:
Seaboard will issue and sell and
Columbia will purchase $1,950,000 prin-
cipal amount of Seaboard's Installment
Notes to provide Seaboard with the funds
required to meet its own construction
program and to supply funds required
by its two subsidiaries.
Amere will issue and sell and Seaboard
will purchase $325,000 principal amount
of Amere's Installment Notes;
Distribution will issue and sell and
Seaboard will purchase 6,000 additional
shares of Distribution's Common Stock,
at the par value of $25 per share, and
$425,000 principal amount of its Install-
ment Notes.
All of said Installment Notes will be
sold at face value, and they will be pay-
able in 25 equal annual installments on
February 15 of each of the years 1955 to
1979 inclusive. Interest on the unpaid
principal thereof will be payable semi-
annually at the rate of 4 percent per an-
num or such lower rate, being a multiple
of 1/8 of 1 percent, as shall be not less
than the cost of money to Columbia in
respect of its next sale of Debentures.
Such notes will be issued and sold only
as cash is required to finance the several
construction programs, bu>r not later
than March 31, 1954.
The proposed issuance and sale of se-
curities by Amere and by Distribution
having been expressly authorized by
orders of the Public Service Commis-
sion of West Virginia and the State Cor-
poration Commission of the Common-
wealth of Virginia, respectively;
Due notice having been given of the
filing of the joint application-declara-
tion as amended and a hearing not hav-
ing been requested of or ordered by the
Commission; and the Commission find-
ing that the applicable provisions of
the act and the rules promulated there-
under are satisfied and that no adverse
findings are necessary, and deeming it
appropriate in the public interest and
[Docket No. 0-16971
NATURAL GAS PIPELINE CO. OF AMERICA
NOTICE OF EXTENSION OF TIME
AUGUST 31, 1953.
Upon consideration of motion, filed
August 27, 1953, by Staff Counsel, for
extension of time for filing exceptions
to the Presiding Examiner's decision;
Notice is hereby given that an exten-
sion of time is granted to and including
September 25, 1953, for filing exceptions
to the Presiding Examiner's decision in
the above-designated matter.
[SEAL] J. H. GUTRIDE,
Acting Secretary.
[F. R. Doc. 53-7758; Filed, Sept. 4, 1958;
8:45 a. m.]
[Docket No. G-21851
MONTANA-DAKOTA UTILITIES CO.
ORDER FIXING DATE OF HEARING
On June 8, 1953, Montana-Dakota
Utilities Co. (Applicant), a Delaware
corporation having its principal place of
business at Minneapolis, Minnesota, filed
an application, which was supplemented
on July 16, 1953, for a certificate of
public convenience and necessity pur-
suant to section 7 of the Natural Gas
Act, authorizing the construction and
operation of certain natural-gas trans-
mission facilities, subject to the juris-
diction of the Commission, as fully
described in the application and supple-
ment on file with the Commission and
open to public inspection.
The Commission finds: This proceed-
ing is a proper one for disposition under
the provisions of ? 1.32 (b) (18 CFR
1.32 (b)) of the Commission's rules of
practice and procedure. Applicant hav-
ing requested that its application be
heard under the shortened procedure
provided by the aforesaid rule for non-
contested proceedings, and no request
to be heard, protest, or petition having
been filed subsequent to the giving of
due notice of the filing of the applica-
tion, including publication in the FED-
ERAL REGISTER on June 25, 1953 (18 F. R.
3652).
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Saturday, September 5, 1953 FEDERAL REGISTER
.The Commission orders:
(A) Pursuant to the authority con-
tained in and subject to the jurisdiction
conferred upon the Federal Power Com-
mission by sections 7 and 15 of the Na-
tural Gas Act, and the Commission's
rules of practice and procedure, a hear-
ing be held on September 18, 1953, at
9:30 a. in. in the Hearing Room of the
Federal Power Commission, 441 G Street
NW., Washington, D. C., concerning the
matters involved and the issues presented
by such application, as supplemented:
Provided, however, That the Commission
may, after a non-contested hearing,
forthwith dispose of the proceeding pur-
suant to the provisions of ? 1.32 (b) of
the Commission's rules of practice and
procedure.
(B) Interested State commissions may
participate as provided by ?? 1.8 and 1.37
(f) (18 CFR 1.8 and 1.37 (f)) of the
said rules of practice and procedure.
Adopted: September 1, 1953.
Issued: September 1, 1953.
By the Commission.
J. H. GUTRIDE,
Acting Secretary.
ural Gas Act, and the Commission's rules
of practice and procedure, a hearing be
held on September 14, 1953, at 9:30 a. in.,
e. d. s. t., in the Hearing Room of the
Federal Power Commission, 441 G Street
NW., Washington, D. C., concerning the
matters involved in and the issues pre-
sented by the application: Provided,
however, That the Commission may,
after a noncontested hearing, forthwith
dispose of the proceeding pursuant to
the provisions of ? 1.32 (b) of the Com-
mission's rules of practice and procedure.
(B) Interested State commissions
may participate as provided by ? ? 1.8 and
1.37 (f) (18 CFR 1.8 and 1.37 (f)) of the
said rules of practice and procedure.
Adopted: September 1, 1953.
Issued: September 1, 1953.
By the Commission.
[SEAL] J. H. GUTRIDE,
Acting Secretary.
IF. R. Doc. 53-7770; Filed, Sept. 4, 1953;
8:46 a. m.]
[Docket Nos. 6-2231, G-2232]
TOWN OF DEKALB, MISSISSIPPI AND
MISSISSIPPI VALLEY GAS Co.
NOTICE OF APPLICATIONS
SEPTEMBER 1, 1953.
Take notice that the Town of DeKalb,
Mississippi (Applicant), a municipal cor-
poration, organized and existing under
the laws of the State of Mississippi, filed
an application on August 17, 1953, with
the Federal Power Commission pursuant
to section 7 (a) of the Natural Gas Act
requesting the Commission to direct
Southern Natural Gas Company (South-
ern) to establish physical connection of
its natural-gas transportation facilities
with the facilities to be constructed by
Applicant for the transportation of gas
to and the distribution of gas in the Town
of DeKalb, and the area adjacent there-
to, and along Applicant's transmission
line.
Applicant proposes to construct a 3-
inch pipeline, approximately 10 miles
long, to transport gas from Southern's
6-inch pipeline, in Kemper County,
Mississippi, to the Town's border, and
to construct a natural-gas distribution
system within the Town and its environs.
Applicant states that $200,000 of reve-
nue bonds, which are to bear interest at
the rate of 4 percent, to provide the funds
necessary to construct the proposed fa-
cilities have been authorized by an elec-
tion held by Applicant, as provided by
the laws of the State of Mississippi.
Applicant further states that it has
entered into a lease agreement (Exhibit
B to the application) with Mississippi
Valley Gas Company (Mississippi Valley)
to lease to Mississippi Valley its proposed
transmission line and distribution sys-
tem for a period of 25 years on the terms
set forth in Exhibit B.
On August 17, 1953, Mississippi Valley,
a Mississippi corporation with its princi-
pal office in Jackson, Mississippi, filed
an application with the Commission
pursuant to section 7 (c) of the Natural
Gas Act for authority to lease and op-
erate the natural-gas facilities to be
constructed by the Town of DeKalb pur-
suant to the lease agreement between
the Town and Mississippi Valley, re-
ferred to above.
Protests or petitions to intervene may
be filed with the Federal Power Com-
mission, Washington 25, D. C., in accord-
ance with the Commission's rules of
practice and procedure (18 CFR 1.8 or
1.10) on or before the 19th day of Sep-
tember 1953. The applications are on
file with the Commission for public
inspection.
[SEAL] J. H. GUTRIDE,
Acting Secretary.
[F. R. Doc. 53-7759; Filed, Sept. 4, 1953;
8:45'a. in.]
INTERSTATE COMMERCE
COMMISSION
[4th Sec. Application 284011
VARIOUS COMMODITIES FROM TRUNK-LINE
AND NEW ENGLAND TERRITORIES TO
SOUTHERN, CENTRAL AND WESTERN
TRUNK-LINE TERRITORIES
IF. R. Doc. 53-7769; Filed, Sept. 4, 1953;
8:46 a. m.]
[Docket No. G-22021
CITIES SERVICE GAS Co.
ORDER FIXING DATE OF HEARING
On June 29, 1953, Cities Service Gas
Company (Applicant), a Delaware cor-
poration having its principal place of
business in Oklahoma City, Oklahoma,
filed an application for a certificate of
public convenience and necessity pur-
suant to section 7 of the Natural Gas
Act, authorizing the construction and
operation of certain natural-gas trans-
mission facilities, subject to the juris-
diction of the Commission, as described
in the application on file with the Com-
mission and open to public inspection.
The Commission finds:
(1) This proceeding is a proper one
for disposition under the provisions of
? 1.32 (b) (18 CFR 1.32 (b)) of the Com-
mission's rules of practice and procedure,
Applicant having requested that its ap-
plication be heard under the shortened
procedure provided by the aforesaid
rule for noncontested proceedings, and
no request to be heard, protest or peti-
tion having been filed subsequent to the
giving of due notice of the filing of the
application, including publication in the
FEDERAL REGISTER On August 15, 1953 (18
F. R. 4896).
(2) It is reasonable and in the public
interest and good cause exists for fixing
the date of hearing in this proceeding
less than 15 days after publication of
this order in the FEDERAL REGISTER.
The Commission orders:
(A) Pursuant to the authority con-
tained in and subject to the jurisdiction
conferred upon the Federal Power Com-
mission by sections 7 and 15 of the Nat-
No. 175-3
APPLICATION FOR RELIEF
SEPTEMBER 2, 1953.
The Commission is in receipt of the
above-entitled and numbered application
for relief from the long-and-short-haul
provision of section 4 (1) of the Inter-
state Commerce Act.
Filed by: C. W. Boin and I. N. Doe,
Agents for carriers parties to schedules
listed in exhibit A of the application,
pursuant to fourth-section order No.
17220.
Commodities involved: Various com-
modities.
From: Points in trunk-line and New
England' territories.
To: Points in southern, central and
western trunk-line territories.
Grounds for relief: Competition with
rail carriers, circuitous routes.
Any interested person desiring the
Commission to hold a hearing upon such
application shall request the Commission
in writing so to do within 15 days from
the date of this notice. As provided by
the general rules of practice of the Com-
mission, Rule 73, persons other than ap-
plicants should fairly disclose their
interest, and the position they intend
to take at the hearing with respect to
the application. Otherwise the Commis-
sion, in its discretion, may proceed to
investigate and determine the matters
involved in such application without
further or formal hearing. If because
of an emergency a grant of temporary
relief is found to be necessary before the
expiration of the 15-day period, a hear-
ing, upon a request filed within that
period, may be held subsequently.
By the Commission.
[SEAL] GEORGE W. LAIRD,
Acting Secretary.
IF. R. Doe. 53-7761; Filed, Sept. 4, 1953;
8:45 a. m.]
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TI
NO
CES
within that period, may be held sub-
sequently.
By the Commission.
[SEAL] GEORGE W. LAIRD,
Acting Secretary.
[F. IT. Doc. 53-7762; Filed, Sept. 4, 1953;
8:46 a. m.]
[4th Sec. Application 28402]
VARIOUS COMMODITIES BETWEEN POINTS
IN TEXAS AND POINTS IN OFFICIAL AND
SOUTHERN TERRITORIES
APPLICATION FOR RELIEF
SEPTEMBER 2, 1953.
The Commission is in receipt of the
above-entitled and numbered application
for relief from the long-and-short-haul
provision of section 4 (1) of the Inter-
state Commerce Act.
Filed by: F. C. Kratzmeir, Agent, for
carriers parties to schedules listed in
exhibit A of the application, pursuant
to fourth-section order No. 17220.
Commodities involved: Vinyl acetate,
in tankcar loads, and carbon furnace or
electrolytic bath electrodes (carbon
plugs), carloads.
Between: Points in Texas, on the one
hand, and points in official and southern
territories, on the other.
Grounds for relief : Competition with
rail carriers, circuitous routes.
Any interested person desiring the
Commission to hold a hearing upon such
application shall request the Commis-
sion in writing so to do within 15 days
from the date of this notice. As pro-
vided by the general rules of practice
of the Commission, Rule 73, persons
other than applicants should fairly dis-
close their interest, and the position
they intend to take at the hearing with
respect to the application. Otherwise
the Commission, in its discretion, may
proceed to investigate and determine the
matters involved in such application
without further or formal hearing. If
because of an emergency a grant of
temporary relief is found to be necessary
before the expiration of the 15-day
period, a hearing, upon a request filed
[4th Sec. Application 28403]
BARITE ORE FROM LAREDO,ITEX., TO
POINTS IN TEXAS
APPLICATION FOR REL F
SEPTEMBER 2, 1953.
The Commission is in receipt of the
above-entitled and numbered applica-
tion for relief from the long-and-short-
haul provision of section 4 (1) of the
Interstate Commerce Act.
Filed by: F. C. Kratzmeir, Agent, for
the International-Great Northern Rail-
road Company and other carriers.
Commodities involved: Barite ore
(barytes).
From: Laredo, Tex. (when originating
in Mexico).
To: Points in Texas.
Grounds for relief : Competition with
rail carriers, circuitous routes.
Schedules filed containing proposed
rates: F. C. Kratzmeir's tariff I. C. C.
No. 3973, Supp. 27.
Any interested person desiring the
Commission to hold a hearing upon such
application shall request the Commis-
sion in writing so to do within 15 days
from the date of this notice. As pro-
vided by the general rules of practice
of the Commission, Rule 73, persons
other than applicants should fairly dis-
close their interest, and the position
they intend to take at the hearing with
respect to the application. Otherwise
the Commission, in its discretion, may
proceed to investigate and determine the
matters involved in such application
without further or formal hearing. If
because of an emergency a grant of tem-
porary relief is found to be necessary
before the expiration of the 15-day
period, a hearing, upon a request filed
within that period, may be held subse-
quently.
By the Commission.
[SEAL) GEORGE W. LAIRD,
Acting Secretary.
IF. IT. Dcc. 53-7763; Filed, Sept. 4, 1953;
8:46 a. M-1
[Rev. S. O. 562, Taylor's I. C. C. Order 25-A]
FERNWOOD, COLUMBIA & GULF
RAILROAD CO.
REROUTING OR DIVERSION OF TRAFFIC
Upon further consideration of Taylor's
I. C. C. Order No. 25 and good cause ap-
pearing therefor: It is ordered, That:
(a) Taylor's I. C. C. Order No. 25 be,
and it is hereby vacated and set aside.
(b) Effective date: This order shall
become effective at 2:00 p. m., August
31, 1953.
It is further ordered, That this order
shall be served upon the Association of
American Railroads, Car Service Divi-
sion, as agent of all railroads subscrib-
ing to the car service and per diem
agreement under the terms of that
agreement and by filing it with the Di-
rector, Division of the Federal Register.
Issued at Washington, D. C., August
31, 1953.
INTERSTATE COMMERCE
COMMISSION,
CHARLES W. TAYLOR,
Agent.
[F. IT. Doc. 53-7760; Filed, Sept. 4, 1953;
8:45 a. m.1
?
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