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J v I SCRIPTA i ^
I MANET § V 7 J
FEDERAL REGISTER
VOLUME 19
1934 ^
* Wa n t e d ^
NUMBER 222
Washington, Tuesday, November 16, 1954
TITLE 10— ATOMIC ENERGY
Chapter I— Atomic Energy
Commission
Part 60—Domestic Uranium Program
TERMINATION OF DOMESTIC URANIUM
PROGRAM CIRCULAR 7
Pursuant to the Atomic Energy Act of
1954 (Public Law 703, 83d Congress), the
following action is taken affecting Do
mestic Uranium Program Circular 7
(Title 10, Chapter I, Part 60, §60.7, Code
of Federal Regulations).
1. Domestic Uranium Program Cir
cular 7 is terminated effective as of De
cember 12,1954, without prejudice to the
rights of leaseholders established under
existing Circular 7 leases.
2: All Circular 7 lease applications
pending on December 12, 1954, will be
considered rejected as of that date and
rental payments submitted with such
applications will be returned.
Dated at Washington, D. C., this 8th
day of November 1954.
K. D. Nichols,
General Manager.
[F. R. Doc. 54-9022; Filed, Nov. 12, 1954;
4:30 p. m.]
TITLE 38— PENSIONS, BONUSES,
AND VETERANS’ RELIEF
Chapter I— Veterans’ Administration
Part 3—Veterans Claims
MISCELLANEOUS AMENDMENTS
1. The centerhead immediately pre
ceding §3.1000 is revised to read as
follows:
Service Requirements (Veterans Claims
Division, Veterans Benefits Office,
D. C.)
BEGINNING AND ENDING DATES OF WARS (ALL
DATES INCLUSIVE)
2. The cross reference immediately
preceding §3.1000 is deleted.
3. In §3.1000, the headnote of para
graph (b) is amended and a new para
graph (c) is added as follows:
§3.1000 S p a n ish -A m erica n War.
* * •
(b) As to Service Pension Laws re
enacted by Public No. 269,74th Congress.
* * •
(c) As to General Law reenacted by
Public No. 269, 74th Congress. April 21,
1898, to April 11, 1899.
4. In §3.1001, paragraph (b) is
amended and a new paragraph (c) is
added as follows:
§ 3.1001 Boxer Rebellion. * * *
(b) As to Service Pension laws reen
acted by Public No. 269, 74th Congress.
Included in §3.1000 (b).
(c) As to General Law reenacted by
Public No. 269, 74th Congress. June 16,
1900, to May 12, 1901.
5. In §3.1002, paragraph (b) is
amended and a new paragraph (c) is
added as follows:
§3.1002 Philippine Insurrection. * * *
(b) As to Service Pension laws reen
acted by Public No. 269, 74th Congress.
Included in § 3.1000 (b).
(c) As to General Law reenacted by
Public No. 269, 74th Congress. April 12,
1899, to July 4,1902 (as to veterans only,
to July 15, 1903, if there was service in
military forces engaged in hostilities in
the Moro Province).
6. In §3.1006, the parenthetical
phrase following the headnote is deleted,
so that the headnote reads as follows:
§3.1006 Public No. 2, 73d Con
gress. * * *
7. In §3.1009, the parenthetical
phrase following the headnote is deleted,
so that the headnote reads as follows:
§3.1009 Indian Wars. * * *
8. The cross references immediately
preceding and following the centerhead
“Persons Not Included” are deleted.
9. Sections 3.1013 and 3.1014 are re
vised to read as follows:
§ 3.1013 Public No. 141, 73d Congress,
and No. 269, 74th Congress, and Veterans
Regulation 1 (/) (38 U. S. C. ch. 12).
Contract surgeons, except as to pension
under the act of July 14, 1862, as
amended and reenacted.
(Sec. 30, 48 S tat. 525, 49 S tat. 614; 38 U. S. O.
366, 368) '
§ 3.1014 Indian Wars, (a) Civilian
employees and others not specifically
named in the act of March 3, 1927.
(b) Members of the Confederate Army
who served against Indians.
(Continued on p. 7367)
CONTENTS
Agricultural Marketing Service Pa8e
Proposed rule making:
Fruits, vegetables and other
products; inspection, certifi
cation and standards; addi
tional charges for overtime
work_____________________ 7378
Rules and regulations:
Almonds grown in California;
changes in salable and surplus
percentages_______________ 7376
Agriculture Department
See Agricultural Marketing Serv
ice;, Commodity Stabilization
Service.
Alien Property Office
Notices:
Vested property, intention to
return:
Austria Tabakwerke A. G.
v o r m. Oesterreichische
Tabakregie_____________ 7401
Kagansky, Nachoum_______ 7401
Noltenius, Eberhard Ludwig,
and H e n r i e t a Margaret
Hoogendoom____________ 7402
Ogawa, Nihachi___________ 7401
Vivan, Guido, et al_________ 7402
Vested property, intention to re
turn, and return order; Vi
van, Lorenzo, et al.; revoca
tion______________________ 7402
Atomic Energy Commission
Rules and regulations:
Domestic uranium program;
termination of Circular 7___ 7365
Civil Aeronautics Administra
tion
Rules and regulations:
Standard instrument approach
procedure alterations______ 7371
Civil Aeronautics Board
Notices:
Eastern Air Lines and Ozark
Air Lines; service to Paducah- 7387
Eastern Air Lines, Inc., and Co
lonial Airlines, Inc.; control
case_____________________ 7386
Liability rules for personal in
jury and death in air carrier
and foreign air carrier tariffs;
cancellation of certain matter
from tariffs_______________ 7387
Commerce Department
See Civil Aeronautics Administra
tion.
7365
2. 7366 RULES AND REGULATIONS
Æ
FEDERAL^REGISTER
•v,1
9
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4
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Published daily, except Sundays, Mondays,
and days following official Federal holidays,
by the Federal Register Division, N ational
Archives and Records Service, General Serv
ices A dm inistration, pu rsu an t to th e au
thority contained in the Federal Register
Act, approved July 26, 1935 (49 S tat. 500, as
amended; 44 U. S. C., ch. 8B), under regula
tions prescribed by the Adm inistrative Com
m ittee of th e Federal Register, approved by
th e President. D istribution is made only by
the Superintendent of Documents, Govern
m ent P rinting Office, W ashington 25, D. C.
The regulatory m aterial appearing herein
is keyed to th e Code of Federal Regulations,
w hich is published, under 50 titles, p ursuant
to section 11 of th e Federal Register Act, as
am ended August 5, 1953.
The F ederal R egister will be furnished by
m ail to subscribers, free of postage, for $1.50
per m onth or $15.00 per year, payable in
advance. The charge for individual copies
(m inim um 154) varies in proportion to the
size of th e issue. R em it check or money
order, m ade payable to the Superintendent
of Documents, directly to the G overnm ent
P rinting Office, W ashington 25, D. C.
There are no restrictions on the republica
tion of m aterial appearing in th e Federal
R egister.
CFR SUPPLEMENTS
(For use during 1954)
The following supplements are now
available:
Titles 1-3 ($0.55)
General Index ($1.25)
All of the cumulative pocket sup
plements and revised books of
the Code of Federal Regulations
(as of January 1, 1954) are now
available
Order from Superintendent of Documents,
Government Printing Office, Washington
25, D. C.
CONTENTS— Continued
Committee for Reciprocity In- Page
formation
Notices:
Trade-agreemènt negotiations
under General Agreement on
Tariffs and Trade relating to
Japan; possible adjustment in
preferential rates on Cuban
products; submission of in-
formation to Committee____ 7385
Commodity Stabilization Service
Rules and regulations:
Corn; farm acreage allotments
for 1955 crop_____________ 7374
Federal Power Commission
Notices :
Hearings, etc.:
Calana Corp-------------------- 7389
Carroll, Claude M., et al__ - 7388
Cocke, W. H_____________ 7391
Columbian Carbon Co_____- 7393
CONTENTS— Continued
Federal Power Commission— Page
Continued
Notices—Continued
Hearings, etc.—Continued
Davison, Leland, et al--------- 7397
Delaney, W. A., Jr_________ 7394
Findlater, John G:------------- 7397
Pox, 'E. P. and Alice C_____ 7398
F r e n c h , L. D. (2 docu
ments) _____________ 7388, 7394
Glenville Gas Production Co« 7388
Goodrich, R. H— _______ 7392
Grage, Victor P., and George
A. Musselman__________ 7390
Gray Wolfe Co____________ 7387
Hardman, I. N----------------- 7393
Humble Oil &Refining Co— 7392
Jefferson County Gas Co----- 7391
Kerr-McGee Oil Industries,
Inc____________________ 7389
Kerr-McGee Oil Industries,
Inc., et al______________ 7394
Kindred Gas Co__________ - 7390
McCoy Natural Gas Co-------- 7388
Mills Bennett Estate--------- 7391
Moore, John I. and P. D------ - 7398
Moorhead, A. C------- ,--------- 7395
Morris, Joseph S. and W. C— 7397
Pearl Oil &Gas Co_________ 7389
Rougon, Dr. I. B.“and Mrs. A.
L______________________ 7398
Sinclair Oil and Gas Co------ 7396
Singleton, O. N---------------- 7390
Texas Eastern Production
Corp___________________ 7395
Texas Eastern Transmission
Corp___________________ 7387
Texas Gulf Producing Co_— 7391
Trans-Tex Drilling Co. et al— 7395
Treat, Prank B___________ 7396
Wimer, Kenneth, Jr_______ _ 7396
Federal Trade Commission
Rules and regulations:
Cease and desist orders:
Millen, Edward L., Co--------- 7377
Saladoff, Joseph________-— 7377
Schambach, Fred--------------- 7376
Interdepartmental Committee
on Trade Agreements
Notices:
Trade-agreement negotiations
under General Agreement on
Tariffs and Trade relating to
Japan; possible adjustment
in preferential rates on Cuban
products_________________ . 7379
Interior Department
See also Land Management Bu
reau.
Notices:
Federally owned a c q u i r e d
lands; oil and gas leasing;
correction-------------------------- 7379
Interstate Commerce Commis
sion
Notices:
Applications for relief:
Acids and chemicals from
Brownsville, Houston and
Texas City, Tex., to Hope-
well, Va., and Glens Palls,
N. Y________—___ —___ 7399
Goal, bituminous fine, from
mines in Illinois to :
Chicago, 111_____________ 7400
Chicago, 111., and switching
district_______________ 7401
CONTENTS— Continued
Interstate Commerce Commis- Page
sion— Continued
Notices—Continued
Applications for relief—Con.
Lumber and veneer from Al
bany, Ga., to Ocala, Fla___ 7399
Lumber, hardwood, from West
Memphis, Ark., to southern,
official and western trunk
line territories___ _______ 7400
Petroleum oil from Oak Point,
La., to New Jersey, New
York, Virginia and Penn
sylvania________________ 7400
P u l p b o a r d and fibreboard
from Bastrop, La., and
Crossett, Ark., to Spring-
field, Mo_______________ 7400
Salt from Texas and Louisi
ana to Illinois and Wiscon
sin_______________ 7399
Soda ash from Baton Rouge
and North Baton Rouge,
La., to Savannah and Port
Wentworth, Ga__________ 7400
Tires, rubber, from Tusca
loosa, Ala., toOaks, Pa___ 7399
Transportation of circuses and
show outfits; investigation to
determine whether railroads
are acting as private or com
mon carriers_____________ 7401
Justice Department
See Alien Property Office.
Land Management Bureau
Notices:
South Dakota; proposed with
drawal and reservation of
lands _____ ____________ 7379
Tariff Commission
Notices:
Proposed trade agreement ne
gotiations with Japan and
other countries; investigation
and public hearing_________ 7385
Veterans’ Administration
Rules and regulations:
Life insurance, U. S. Govern
ment and National Service;
miscellaneous amendments 7369
Veterans claims; miscellaneous
amendments______________ 7365
CODIFICATION GUIDE
A num erical' list of th e parts of th e Code
of Federal Regulations affected by docum ents
published in th is issue. Proposed rules, as
opposed to final actions, are identified as
such.
Title 7 Page
Chapter I:
Part 51 (proposed)_____ 7378
Chapter VII:
Part 721____ 7374
Chapter IX:
Part 909_______ 7376
Title 10
Chapter I :
Part 60—_____________ 7365
Title 14
Chapter II:
Part 609___________________ 7371
Title 16
Chapter I:
Part 3 (3 documents)_____ 7376, 7377
3. Tuesday, November 16, 1954 FEDERAL REGISTER 7367
CODIFICATION GUIDE— Con.
Title 38 Page
Chapter I:
Part 3------------------------------- 7365
Part 6___________ 7369
Part 8___ 7369
(Sec. 1, 44 S tat. 1361, as amended; 38 U. S. C.
381)
10. The cross references immediately
preceding and following the centerhead
“Computation of Service” are deleted.
11. Section 3.1017 Is revised to read as
follows;
§3.1017 Spanish-American War,
Boxer Rebellion, or Philippine Insurrec
tion; Public No. 2, 73d Congress. Serv
ice is exclusive of leave under G. O. 130,
W. D. As to enlistments subsequent to
August 12, 1898, participation in the
Boxer Rebellion or the Philippine Insur
rection must be shown.
(Sec. 1,48 Stat. 8, as amended; 38 U. S. C. 701)
12. Section 3.1019 Spanish-American
War, Boxer Rebellion, or Philippine In
surrection; Veterans Regulation 1 (f)
(.38 U. S. C. ch. 12) is revoked.
13. Section 3.1020 Spanish-American
War, Boxer Rebellion, or Philippine In
surrection; Public No. 541, 75th Congress
(act of May 24,1938) is revoked.
14. In §3.1021, the parenthetical
phrase following the headnote is deleted,
so that the headnote reads as follows:
§3.1021 Indian Wars. * * *
15. In §3.1024, paragraph (b) is
amended to read as follows:
§3.1024 Service to date of disband
ment or actual discharge. * * *
(b) The word “construed” is held to
mean “presumed” in the ordinary legal
acceptation of the term. This construc
tion is applicable to all pension claims,
including claims for increase and original
claims Under the service acts. The
soldier is to be credited with all the time
of service up to the date of discharge
or date of disbandment. It is not re
quired that he should show in the first
instance where he was up to the time of
disbandment, but the presumption stated
in the law shall be held to apply; how
ever, should it appear in fact that he was
not with his command or in the service,
then the presumption would be overcome.
16. Section 3.1025 is revised to read as
follows:
§3.1025 Jurisdiction of the Veterans
Claims Division, Veterans Benefits Office,
D. C. Within the jurisdiction of the
Veterans Claims Division, Veterans Bene
fits Office, D. C. including the disability
rating board, will be included claims for
disability compensation, pension, and re
tirement pay of the following classes:
(a) Where there was any service prior
to July 16, 1903.
(b) Where the veteran is an employee
in either the competitive or excepted
service who has been continuously em
ployed for 90 days in the Veterans’ Ad
ministration: Provided, That no adjudi
cation is necessary during such period.
If any adjudication is necessary in the
case of an employee-claimant during
the 90-day period, jurisdiction attaches
immediately. This provision is not ap
plicable to member-employees.
(c) Where rights have been forfeited
under any act, except that in the event
entitlement to Veterans’ Administration
benefits is claimed on the basis of service
in the Armed Forces subsequent to the
■
commission of the offense on which for
feiture determination was based, exclud
ing cases of forfeiture affecting all ac
crued or future benefits under section 4,
Public Law 144, 78th Congress, veterans
records will, upon request, be perma
nently transferred to the regional office
of jurisdiction, inasmuch as the for
feiture does not extend to such subse
quent period of service.
(d) Claims of all veterans of the Army
of the Commonwealth of the Philippines
(including alleged and recognized guer
rillas) who do not reside within the
Philippines.
(e) Where the veteran resides without
the continental limits of the United
States other than within the territory
assigned to regional offices in Alaska,
Hawaii, Puerto Rico, and the Philippines.
This provision does not apply to tran
sients inasmuch as residence beyond the
continental limits of the United States
must be satisfactorily established. How
ever, such residence will be presumed if
three consecutive monthly checks are
received at the same address.
(f) Emergency officers retirement as
provided by §3.350.
(g) Where the applicant’s entitlement
to pension under the General Law, the
act of 1862, including the amendments
thereto, is an issue.
(h) Where the protection provided by
Public No. 788, 74th Congress, relative to
the General Law rate is for application.
(i) Where there is entitlement under
the Revised Statutes. (See secs. 4756
and 4757 R. S.)
(j) Where there is entitlement pursu
ant to special acts.
(k) Residents of United States Sol
diers’Home, Washington, D. C.
(l) Claims involving sections 4 and 5,
Public Law 144, 78th Congress, as
amended by Public Law 622, 79th Con
gress.
(m) Determining, upon proper re
quest, service-connection for the condi
tion or conditions for which outpatient
treatment only is requested.
(n) Applications for assistance to cer
tain veterans in acquiring specially
adapted housing under Public Law 702,
80th Congress, as amended.
(o) Any claim not otherwise under the
jurisdiction of Veterans Benefits Office,
Washington 25, D. C., referred by compe
tent authority for action.
17. The centerheads “Filing of Claims
and Supporting Evidence” and “Appli
cation for Pension and Compensation**
and the cross references immediately
preceding §3.1030 are deleted.
, 18. The centerheads “Proof of Rela
tionship and Dependency” and “Public
No. 2, 73d Congress, Public No. 141, 73d
Congress, as amended, and Public No.
269, 74th Congress, as amended” and the
cross references immediately following
§3.1030 are deleted.
19. Section 3.1038 Enlistment is re
voked.
20. Section 3.1039 is revised to read as
follows:
§ 3.1039 Type of discharge required;
special act to correct military record.
Where a special act does not grant pen
sion directly but. gives the claimant a
status so that he is eligible to apply for
and be allowed a pension, he is in the
same position as he would have been if
he had served honorably.
21. The cross reference immediately
preceding §3.1040 is deleted.
22. In §3.1040, the parenthetical
phrase at the end of paragraph (c) is
deleted, so that paragraph (c) reads as
follows;
§ 3.1040 Types of discharges for serv
ice pension (Spanish-American War,
Boxer Rebellion, Philippine Insurrection,
Civil War, and Indian Wars), * * *
(c) Character of discharge under the
act of July 14, 1862, as amended. A dis
charge from the service in which dis
abilities are alleged to have been incurred
is essential to title under the act of July
14, 1862, as amended, but the character
of discharge is not material unless a per
son is discharged or dismissed by reason
of the sentence of a general court mar
tial, or is discharged on the ground that
he was a conscientious objector who re
fused to perform military duties or re
fused to wear the uniform or otherwise
to comply with lawful orders of compe
tent military authorities, or as a de
serter, or in the case of an officer where
his resignation is accepted for the good
of the service. However, in the case of
any such person, if it is established to
the satisfaction of the Administrator
that at the time of the commission of
the offense such person was insane, he
shall not be precluded from benefits to
which he is otherwise entitled under the
laws administered by the Veterans’ Ad
ministration. Veterans in receipt of
pension or compensation on the date of
the enactment of Public Law 346, 78th
Congress, pursuant to the interpretation
of prior laws are not affected by the re
quirements of either section 300 or sec
tion 1503, Public Law 346, 78th Congress.
23. The cross reference immediately
preceding §3.1043 is deleted.
24. The cross reference immediately
preceding §3.1046 is deleted.
25. Section 3.1046 Line of duty is
revoked.
26. The centerheads “Service Con
nection and Evaluation” and “Deter
minations of Service Connection” and
the cross references immediately pre
ceding §3.1055 are deleted.
27. Section 3.1055 is revised to read as
follows:
§ 3.1055 Public No. 141, 73d Congressj
As to disease contracted or injury in
curred in the military or naval service
subsequent to the termination of war
periods the act of July 14, 1862, as5
4. 7368 RULES AND REGULATIONS
amended, was not revived or reenacted
by section 30, Public No. 141, 73d
Congress.
(Sec. 30, 48 S tat. 525; 38 U. S. C. 366)
28. In § 3.1056, paragraph (c) is
amended to read as follows:
§3.1056 'Public No. 269, 74th Con
gress. * * *
(c) The act of July 14,1862, as amend
ed, was not revived or reenacted as to
those cases in which the disease was
contracted, or the injury was incurred
in service subsequent to the Spanish-
American War (including the Philippine
Insurrection or Boxer Rebellion), as de
fined in §§ 3.1000 (c), 3.1001 (c) and
3.1002 (c).
29. The centerhèad “Evaluation Un
der Public No. 2 and Public No. 141, 73d
Congress” and the cross references im
mediately following §3.1057 are deleted.
30. Section 3.1068 is revised to read as
follows:.
§3.1068 Public No. 269, 74th Con
gress; definition of disability, (a) Man
ual labor is defined as work of a useful
character requiring physical or mental
effort, but does not necessarily mean
work such as work with a pick and
shovel.
(b) For periods prior to October 1,
1951, disability without regard to serv
ice-connection under Public No. 269, 74th
Congress, will be evaluated in compari
son with the degree of disability existing
by reason of total inability to perform
manual labor and for regular aid and
attendance, helplessness, or blindness.
(Sec. 1, 49 Stat. 614; 38 U. S. C. 368)
31. In §3.1076, paragraph (c) is
deleted.
§ 3.1070 Public No. 269, 74th Con
gress; reductions. * * *
(c) [Deleted.]
32. The cross reference immediately
preceding §3.1080 is deleted.
33. The centerhead “Claims and Rat
ing Requirements” immediately preced
ing §3.1085 is hereby deleted and a new
centerhead is added as follows: “Section
31, Public No. 141, 73d Congress, Section
12, Public No. 866, 76th Congress, and
Paragraph 4, Part VII, Veterans Regula
tion 1 (a) (38 U. S. C. ch. 12), Public
No. 2, 73d Congress, as amended by Pub
lic Law 16, 78th Congress.”
34. Section 3.1085 Section 31, Public
No. 141, 73d Congress, section 12, Public
No. 866, 76th Congress, Veterans Regula
tion 1 (a), Part VII, paragraph 4 (38
U. S. C. ch. 12) Public No. 2, 73d Con
gress, as amended by Public Law 16, 78th
Congress, is revoked.
35. The cross reference immediately
preceding §3.1087 is deleted.
36. The cross references immediately
following §3.1089 are deleted.
37. The centerhead “Medical Exami
nations” immediately preceding §3.1095
is deleted.
38. Section 3.1095 Medical examina
tions is revoked.
39. The cross reference immediately
preceding §3.1100 is deleted.
40. The following sections are re
voked:
§ 3.1100 Effective date pursuant to
Reg. 1 (a) (38 U. S. C. ch. 12). [Re
voked.]
§ 3.1101 Effective date pursuant to
Reg. 1 series, paragraph 1 (h) (38
U. S. C. ch. 12). [Revoked.]
§ 3.1102 Effective date pursuant to
Reg. 1 (c) (38 U. S. C. ch. 12). [Re
voked.]
§ 3.1104 Section 30, Public No. 141,
73d Congress. [Revoked.]
§3.1105 Adjusted rates. [Revoked.]
§3.1106 Veterans Regulation No. 1
(f). [Revoked.]
41. Sections 3.1107 and 3.1107a are
revised to read as follows:
§3.1107 Public No. 269, 74th Con
gress; effective date. Commencement
shall be from August 13, 1935, or the
date of claim, whichever is the later,
when entitlement is otherwise shown, as
to claims filed on or after March 20,1933,
(Sec. 1, 49 Stat. 614; 38 U. S. C. 368)
§ 3.1107a Public No. 541, 75th Con
gress. VA Form 8-526, revised, is pre
scribed as the form on which claims un
der this act will be filed. However, where
there is already on file a formal appli
cation for service pension and benefits
are being paid, any writing signed by
the veteran or in his behalf, claiming in
creased pension, will constitute a valid
application under this act. Pension on
account of attainment of age of 65 years
will be effective from the date of receipt
of a claim filed on or after the attain
ment of the beneficial age and on or
after May 24,1938. The rate for regular
aid and attendance will be payable from
the date of receipt of a claim executed
on or after May 24, 1938, and after the
requisite condition is shown to exist.
(Sec. 1, 52 s ta t. 440; 38 U. S. C. 370)
42. Section 3.1111 Civil War is revoked.
43. Section 3.1112 Rates of pension:
Civil War is revoked.
44. Section 3.1114 is revised to read as
follows:
§3.1114 Peacetime service subsequent
to April 20, 1898. The protection af
forded by Public No. 788, 74th Congress,
will be extended to the claims of veterans
who were on March 19, 1933, receiving
compensation under the War Risk Insur
ance Act, as protected by section 602 of
the World War Veterans’ Act, 1924, as
amended, for a disability incurred prior
to April 6, 1917, where the veteran was
also in the active service on April 6, 1917,
or for a disability incurred subsequent to
July 2,1921, where such disability would
also have been compensable on March
19, 1933, under the General Law (act of
July 14, 1862), by awarding, effective
July 1, 1936, 75 percent of the rate pay
able under the General Law where that
benefit is greater than the amount pay
able under Public No. 2, 73d Congress.
In this class of cases, a claim for com
pensation under the War Risk Insurance
Act will be accepted for the purpose of
awarding the benefits under Public No.
788, 74th Congress, as a claim for com
pensation under the General Law, and
such claims will be forwarded to the
chief, veterans claims division, Veterans
Benefits Office, Washington 25, D. C.
(49 Stat. 1910; 38 U. S. C. 703a)
45. The cross reference immediately
preceding §3.1117 is deleted.
46. Section 3.1126 Application of act of
June 2, 1930 is revoked.
47. The cross references immediately
preceding § 3.1135 are deleted.
48. In §3.1135, paragraphs (a) and
(b) are amended to read as follows:
§3.1135 Section 30, Public No. 141,
73d Congress; Public No. 269 74th Con
gress; Indian Wars; Civil War; and
peacetime prior to April 21, 1898. (a)
The act of December 21, 1893, requiring
due notice of not less than 30 days of the
decision to annul, vacate, modify, or set
aside an award of pension on the basis
of evidence in file when the original de
termination was made, was reenacted by
section 30 of Public No. 141, 73d Con
gress, and Public No. 269, 74th Congress,
and is for application to pension payable
pursuant to section 30, Public No. 141,
73d Congress, and Public No. 269, 74th
Congress, as well as pension payable for
service prior to April 21, 1898.
(b) The act of December 21,1893, does
not apply where the claimant is shown
to be without entitlement to pension be
fore the delivery of the initial check in
payment under the award, nor to sus
pensions, reductions, or terminations
which would normally be effected upon
the happening of a contingency which in
itself under existing law affects or termi
nates pension rights, such as death,
reentry into the active military or naval
service, remarriage of a widow or mother,
forfeiture (including O. N. A. C.), ad
mission into a Veterans Administration
hospital or center, nor to temporary sus
pensions to guardians or others in con
nection with any guardianship action.
49. The cross references immediately
preceding §3.1140 are deleted.
50. In §3.1140, the parenthetical
phrase following the headnote is deleted,
so that the headnote reads as follows:
§3.1140 Restoration and renewal.
* * *
‘ 51. The cross reference immediately
preceding §3.1141 is deleted.
52. Section 3.1141 is revised to read as
follows:
§ 3.1141 Fiduciary awards. The pen
sion due or becoming due any person
who is a patient at St. Elizabeths Hos
pital will be paid to a guardian of such
person in accordance with the general
practice applicable to the appointment
and recognition of guardians. The pen
sion payable under section 1, Public Law
662, 79th Congress, to a veteran who has
no wife, child, or dependent parents, and
who is a patient at St. Elizabeths Hospi
tal, will be paid through means of an
institutional award if there be no guard
ian, following §3.276. Pension payable
5. Tuesdayy November IS, 1954
to dependents of veterans who are pa
tients at St. Elizabeths Hospital will be
paid only to a guardian or conservator
of such dependent, except that awards
now being paid to the superintendent
thereof will be continued while such de
pendent remains a patient.
(Sec. 21, 43 Stat. 613, as amended, sec. 1,
60 Stat. 908, as amended; 38 U. S. C. 450, 739)
53. The cross references immediately
preceding and following §3.1145 are
deleted.
54. The cross references immediately
preceding §3.1163 are deleted.
55. The following sections are revoked:
§3.1163 Public No. 2, 73d Congress.
[Revoked.]
§3.1164 Section 30, Public No. 141,73d
Congress, and Veterans Regulation 1 (f)
(.38 U. S. C. ch. 12). [Revoked.]
§3.1166 Economy reductions. [Re
voked.]
56. The cross references immediately
preceding §3.1171 are deleted.
57. All of the cross references follow
ing § 3.1171 to the end of Part 3 are
deleted.
58. Section 3.1221 is revised to read as
follows:
§3.1221 Public Law 262, 77th Con
gress (act of September 26, 1941). Re
tirement pay under this act may not be
apportioned unless the veteran is being
furnished hospital treatment, institu
tional or domiciliary care by the United
States or any political subdivision there
of (section 1 (c), Public Law 662, 79th
Congress). (See §3.317.)
(Sec. 2, 55 Stat. 734, sec. 1, 60 S tat. 908, as
amended; 38 U. S. C. 12, 739)
59. The centerheads “Appeals’* and
“Emergency Officers Retirement Claims”
immediately preceding the Provisional
Regulations are deleted.
(Sec. 5, 43 S tat. 608, as amended, sec. 2, 46
S tat. 1016, sec. 7, 48 Stat. 9; 38 U. S. C. 11a,
426, 707)
This regulation is effective November
16, 1954.
[seal] J. C. P almer,
Assistant Deputy Administrator.
[P. R. Doc. 54r-8936; Plied, Nov. 15, 1954;
8:45 a. m.]
Pari 6—United States Government Life
Insurance
Part 8—National Service Life
Insurance
MISCELLANEOUS AMENDMENTS
1. In Part 6, §§ 6.47, 6.48, and 6.51 are
revised to read as follows:
§6.47 To a policy at a higher rate of
premium as of original effective date.
A United States Government life insur
ance policy on any plan of insurance may
be exchanged for a policy of the same
amount, bearing the same date, and
based on the same age, on any plan of
insurance issued by the Veterans* Ad
ministration at a higher rate of premium,
FEDERAL REGISTER
upon payment of the difference between
the reserve on the new policy and the
reserve on the old policy. Such exchange
will be made without medical examina
tion and upon complete surrender of the
insurance while in force.
§ 6.48 To a policy at a lower rate of
premium as of original effective date.
A United States Government life insur
ance policy may be exchanged within
5 years from the effective date for a
policy of the same amount, bearing the
same date and based on the same age, on
any plan of insurance issued by the
Veterans’Administration at a lower rate
of premium, except the 5-year level
premium term policy: Provided, the ap
plicant is in good health and so states
in his application and submits a report
of a complete medical examination and
such other evidence relative to his physi
cal and mental condition as may be re
quired by the Administrator of Veterans
Affairs and on such forms as the Ad
ministrator of Veterans Affairs may pre
scribe. The old insurance must be in
force under premium-paying conditions
and must be surrendered with all rights
and claims thereunder. The difference
between the reserve on the old policy and
the reserve on the new policy, less any
indebtedness, may be used to cover pay
ment of future premiums or withdrawn
in cash at the option of the insured. If
the old policy has been in force for less
than 12 months, the difference in reserve
may be used only for the purpose of
paying future premiums on the insurance
and such premiums shall not be subject
to withdrawal by the insured.
§ 6.51 To a policy at a higher rate of
premium as of a current effective date.
A United States Government life insur
ance policy on the 5-year convertible
term plan or tjhe 5-year level premium
term plan may be exchanged for a policy
of the same amount on any plan of in
surance issued by the Veterans’ Admin
istration at a higher rate of premium,
upon payment of the current monthly
premium at the attained age of the in
sured for the plan of insurance selected:
Provided, That where premium waiver
on United States Government life insur
ance is effective under section 622 of the
National Service Life Insurance Act, as
amended, that portion of the current
monthly premium at the attained age of
the insured for the plan of insurance
selected which is not required for the
pure insurance risk must be paid. The
reserve (if any) oh the policy will be
allowed as a credit on the current
monthly premium. Such exchange will
be made without medical examination
upon complete surrender of the insur
ance while in force and within 5 years
from the effective date of the policy.
(Sec. 10, 65 Stat. 36; 38 U. S. C. 823)
2. Sections 6.110 and 6.111 are revised
to read as follows:
§ 6.110 Provision for paid-up insur
ance. If a United States Government;
life insurance policy has not been sur
rendered for cash, upon default in the
payment of any premium due after the
7369
expiration of the first policy year, and
upon written request of the insured and
complete surrender of the insurance with
all claims thereunder within 3 calendar
months after the due date of the pre
mium, the United States will issue paid-
up insurance for such amount as the
cash value less any indebtedness will
purchase when applied as a net single
premium at the attained age of the in
sured. For this purpose the attained
age is the age on the birthday anniver
sary nearest to the effective date of the
policy plus the number of years and
months from that date to the date the
paid-up insurance becomes effective.
The paid-up insurance shall be with
right to dividends and with right to total
permanent disability benefits. The num
ber of monthly installments payable
upon due proof of total permanent dis
ability or death of the insured under
such paid-up insurance will be the same
as would then be payable under the pol
icy. The insured may at any time sur
render the paid-up policy for its cashj
value or obtain a loan on such paid-up*
insurance.
§ 6.111 Paid-up insurance in case of
total permanent disability. If one or
more monthly installments be paid on.
account of total permanent disability in-*,
curred under a paid-up insurance, then
there shall be paid to the beneficiary*
upon the surrender of insurance at the,
death of the insured the remaining un-j
paid installments (240, less the number-
paid). If an optional settlement hasi
been selected, payments shall be made;
accordingly.
3. Section 6.186 is revised to read as
follows:
§6.186 Surrender of permanent plan
policies of United States Government life,
insurance, in force for less than one year,
under the provisions of section 5, Service-
men’s Indemnity Act of 1951. A perma
nent plan policy of United States Gov
ernment life insurance in force for less
than 1 year by payment or waiver of pre
miums shall not have a cash value. Such
a policy which is not lapsed may be sur
rendered by the insured while in active
service, with right of replacement, pur
suant to the provisions of section 5 of
the Servicemen’s Indemnity Act of 1951*
upon written request therefor and upon,
complete surrender of the insurance withj
all claims thereunder: Provided, That
such surrender shall be effective as of the
date written request therefor is delivered
to the Veterans’Administration. If for
warded by mail, properly addressed, the
postmark date will be taken as the date
of delivery; if forwarded through mili
tary channels, the date the request is
placed in military channels will be taken,
as the day of delivery.
(Sec. 5, 65 Stat. 35; 38 U. S. C. 854)
(Sec. 5, 43 S tat. 608, as amended, sec. 2, 46^
S tat. 1016, sec. 7, 48 Stat. 9, sec. 6, 65 StatU
35; 38 U. S. C. 11a, 426, 707, 855. In terp ret
or apply secs. 300, 301, 43 S tat. 624, aaf
amended; 38 U. S. C. 511, 512)
4. In Part 8, §8.30 is revised to read
as follows:
6. 7370 RULES AND REGULATIONS
§8.30 Provisions for paid-up insur
ance; other than 5-year level premium
term policies. If a National Service life
insurance policy on any plan other than
5-year level premium term has not been
surrendered for cash, upon written re
quest of the insured and complete sur
render of the insurance with all claims
thereunder, after the expiration of the
first policy year and while the policy is
in force under premium-paying condi
tions, the United States will issue paid-
up insurance for such amount as the
cash value less any indebtedness will
purchase when applied as a net single
premium at the attained age of the in
sured. For this purpose the attained
age is the age on the birthday anniver
sary nearest to the effective date of the
policy plus the number of years and
months from that date to the date the
paid-up insurance becomes effective.
Such paid-up insurance will be effective
as of the expiration of the period for
which premiums have been paid and
earned; and, any premiums paid in ad
vance for months subsequent to that in
which the application for paid-up insur
ance is made shall be refunded to the
insured. The paid-up insurance shall be
with right to dividends, except insur
ance issued or reinstated under the pro
visions of section 602 (c) (2) of the Na
tional Service Life Insurance Act of 1940,
as amended, where the requirements of
good health have been waived, and in
surance issued under the provisions of
section 620 of the National Service Life
Insurance Act, as amended. The insured
may at any time surrender the paid-up
policy for its cash value or obtain a loan
on such paid-up insurance.
(Sec. 10, 65 Stat. 36; 38 U. S. C. 821)
5. Sections 8.33, 8.34, 8.35, and 8.36
are revised to read as follows:
§8.33 Exchange of a 5-year level pre
mium term policy as of a current effec
tive date. National Service life insurance
on the level premium term plan, other
than nonconvertible 5-year level pre
mium term insurance issued under the
provisions of section 621 of the National
Service Life Insurance Act, as amended,
which is in force may be exchanged, ef
fective as of the date any premium be
comes due within the term period, for
insurance of the same amount, on any
other plan, on the same reserve basis,
issued by the Veterans’ Administration
under the National Service Life Insur
ance Act of 1940, as amended, upon pay
ment by the insured (except where pre
mium waiver under section 602 (n) of
the act, as amended, is effective) of the
current monthly premium at the at
tained age of the insured for the plan
of insurance selected: Provided, That
where premium waiver is effective under
section 622 of the National Service Life
Insurance Act, as amended, that portion
of the current monthly premium at the
attained age of the insured for the plan
of insurance selected which is not re
quired for the pure insurance risk must
be paid. The reserve (if any) on the
policy will be allowed as a credit on the
current monthly premium except where
premium waiver is effective: Provided,
That conversion to an endowment plan
may not be made while the insured is
totally disabled. The exchange will be
made without medical examination, ex
cept when deemed necessary to deter
mine whether an applicant for exchange
to an endowment plan is totally disabled,
and upon complete surrender of the in
surance while in force by payment or
waiver of premiums.
(Sec. 10, 65 S tat. 36; 38 U. S. C. 823)
§ 8.34 Exchange of a level premium
term policy as of a date prior to the
current month. National Service life in
surance on the level premium term plan,
other than nonconvertible 5-year level
premium term insurance issued under
the provisions of section 621 of the Na
tional Service Life Insurance Act, as
amended, which is in force may be ex
changed, effective as of the date any
premium has become due within the term
period, for insurance of the same
amount, on any other plan, on the same
reserve basis, issued by the Veterans’
Administration under the National Serv
ice Life Insurance Act of 1940, as
amended, upon payment by the insured
of the difference between the reserve on
the new policy and the reserve on the old
policy and payment by the insured (ex
cept where premium waiver under sec
tion 602 (n) of the act, as amended, is
effective) of the current monthly pre
mium at the attained age of the insured
as of the effective date of the new policy:
Provided, That where premium waiver
is effective under section 622 of the Na
tional Service Life Insurance Act, as
amended, the required reserve on the
new policy must be paid together with
that portion of the current monthly
premium at the attained age of the in
sured as of the effective date of the new
policy which is not required for pure
insurance risk: Provided further, That
conversion to an endowment plan may
not be made while the insured is totally
disabled. The exchange will be made
without medical examination, except
when deemed necessary to determine
whether an applicant for exchange to an
endowment plan is totally disabled, and
upon complete surrender of the insur
ance while in force by payment or waiver
of premiums: Provided, That waiver of
the premiums on the new policy shall not
be effective prior to the date such policy
change was made.
(Sec. 10, 65 Stat. 36; 38 U. S. C. 823)
§ 8.35 Exchange to a policy hearing
the same effective date and having a
higher reserve value. If the insured be
not totally disabled, National Service life
insurance on any plan other than 5-year
level premium term may be changed to
insurance of the same amount, as of the
same date, and based on the same age,
on any plan of insurance on the same re
serve basis, issued by the Veterans’
Administration under the National Serv
ice Life Insurance Act of 1940, as
amended, having a higher reserve value,
upon payment by the insured of the dif
ference between the reserve on the new
policy and the reserve on the old policy.
Such exchange will be made without
medical examination, except when
deemed necessary to determiné whether
the insured be totally disabled, and upon
complete surrender of the insurance
while in force by payment of premiums.
§8.36 Exchange to a policy bearing
the same effective date and having a
lower reserve value. National Service
life insurance may be exchanged for in
surance of the same amount, bearing the
same date, and based on the same age,
on any plan of insurance on the same
reserve basis, issued by the Veterans’Ad
ministration having a lower reserve value
except to the 5-year level premium term
plan: Provided, the applicant is in good
health at the time of application and
furnishes evidence thereof satisfactory
to the Administrator upon such forms as
the Administrator shall prescribe, or
otherwise as he shall require. The old
insurance must be in force under pre
mium-paying conditions and must be
surrendered with all rights and claims
thereunder. The difference between the
reserve on the old policy and the Reserve
on the new policy, less any indebtedness,
may be used to cover payment of future
premiums or withdrawn in cash at the
option of the insured. If the old policy
has been in force for less than 12 months,
the difference in reserve may be used only
for the purpose of paying future premi
ums on the insurance, and such pre
miums shall not be subject to withdrawal
by the insured prior to the expiration of
the first policy year.
6. Section 8.114 is revised to read as
follows:
§ 8.114 Surrender of permanent plan
policies of National Service life insur
ance, in force for less than one year,
under the provisions of section 5, Serv
icemen’s Indemnity Act of 1951. A per
manent plan policy of National Service
life insurance in force for less than 1
year by payment or waiver of premiums
shall not have a cash value. Such a
policy which is not lapsed may be sur
rendered by the insured while in active
service, with right of replacement, pur
suant to the provisions of section 5 of
the Servicemen’s Indemnity Act of 1951,
upon written request therefor and upon
complete surijsnder of the insurance with
all claims thereunder: Provided, That
such surrender shall be effective as of
the date written request therefor is de
livered to the Veterans’ Administration.
If forwarded by mail, properly ad
dressed, the postmark date will be taken
as the date of delivery; if forwarded
through military channels, the date the
request is placed in military channels
will be taken as the day of'delivery.
(Sec. 5, 65 Stat. 35; 38 U. S. C. 854)
(Sec. 608, 54 Stat. 1012, as amended, sec. 6,
65 Stat. 35; 38 U. S. C. 808, 855. Interpret or
apply sec. 602, 54 Stat. 1009, as amended; 38
U. S. C. 802)
This regulation is effective November
16, 1954.
[seal! J. C. P almier,
Assistant Deputy Administrator.
[F. R. Doc. 54-8935; Filed, Nov. 15, 1954;
8:45 a. m .l
10. 7374
These procedures shall became effec
tive on the dates indicated in Column 1
of the procedures.
(Sec. 205, 52 Stat. 984, as amended; 49 U. S. C.
425. Interpret or apply sec. 601, 52 S tat.
1007, as amended; 49 U. S. O. 551)
[ s e a l ] F. B. Lee,
Administrator of Civil Aeronautics.
[P. R. Doc. 54-8895; Piled, Nov. 15, 1954;
8:45 a. m.]
TITLE 7— AGRICULTURE
Chapter VII— Commodity Stabilization
Service (Farm Marketing Quotas
and Acreage Allotments), Depart
ment of Agriculture
Part 721—Corn
* SUBPART— REGULATIONS PERTAINING TO FARM
ACREAGE ALLOTMENTS FOR THE 1955 CROP
Sec.
721.610 Basis and purpose.
721.611 Definitions.
721.612 Extent of calculations and rule of
fractions.
721.613 Instructions and forms. •
721.614 M ethod of apportioning county
allotm ents.
721.615 Report of data for old farms.
721.616 D eterm ination of base acreages for
old farm s.
721.617 D eterm ination of base acreages for
new farm s.-
721.618 D eterm ination of acreage a llo t-,
m ents for all farm s. /
721.619 Supervision, review and approval by
the State comm ittee.
721.620 Farm s divided or combined.
721.621 R ight to appeal.
721.622 Applicability of §§ 721.610 to 721.622.
Au th o r ity : §§721.610 to 721.622 issued
under sec. 375, 52 Stat. 66, as amended; 7
U. S. C. 1375. In terp ret or apply secs. 301,
329, 52 Stat. 38, 52, 7 U. S. O. 1301, 1329.
§ 721.610 Basis and purpose. The
regulations contained in §§721.610 to
721.622 are issued pursuant to the Agri
cultural Adjustment Act of 1938, as
amended, and govern the establishment
of 1955 farm acreage allotments for com.
The purpose of the regulations in
§§ 721.610 to 721.622 is to provide the
procedure for allocating the county corn
acreage allotment among farms.
§ 721.611 Definitions. As used in the
regulations in this part and in all in
structions, forms, and documents in con
nection therewith, the words and phrases
defined in this section shall have the
meanings herein assigned to them.
(a) "Act” means the Agricultural Ad
justment Act of 1938 and any amend
ments thereto.
(b) "Secretary” means the Secretary
of Agriculture of the United States, or
the officer of tlie Department acting in
his stead pursuant to delegated authority.
(c) "Director” means the Director of
the Grain Division, Commodity Stabili
zation Service, U. S. Department of Ag
riculture.
(d) Committees: (1) "Community
committee” means the persons elected
within a community as the community
committee pursuant to the regulations
governing the selection and functions of
the Agricultural Stabilization and Con
servation county and community com
mittees.
RULES AND REGULATIONS
(2) “County committee” means the
persons elected within a county as the
county committee pursuant to the regu
lations governing the selection and func
tions of the Agricultural Stabilization
and Conservation county and commun-
tiy committees.
(3) "State committee” means the per
sons designated by the Secretary as the
Agricultural Stabilization and Conser
vation State committee.
(e) "Farm” means all adjacent or
nearby farm or range land under the
same ownership which is operated by one
person, including also;
(1) Any other adjacent or nearby
farm or range land which the county
committee, in accordance with instruc
tions issued by the Deputy Administrator
for Production Adjustment, Commodity
Stabilization Service, determines is op
erated by the same person as part of the
same unit in producing range livestock
or with respect to the rotation of crops,
and with workstock, farm machinery,
and labor substantially separate from
that for any other land; and
(2) Any field-rented tract (whether
operated by the same or another person)
which, together with any other land
included in the farm, constitutes a unit
with respect to the rotation of crops.
A farm shall be regarded as located in
the county or administrative area in
which the principal dwelling is situated,
or if there is no dwelling thereon it shall
be regarded as located in the county or
administrative area in which the major
portion of the farm is located.
(f) “Cropland” means farmland which
in 1954 was tilled or was in regular crop
rotation, excluding (1) bearing orchards
and vineyards (except the acreage of
cropland therein), (2) plowable non
crop open pasture, and (3) any land
which constitutes or will constitute if
tillage is continued a wind erosion haz
ard to the community.
7 (g) “Cropland well suited to corn”
means that acreage of cropland on the
farm which is determined by the county
committee in accordance with generally
accepted local standards to be well suited
to the production of corn, considering
topography, type of soil, drainage, ero
sion hazards, and other factors which
would affect the production of corn.
(h) "Acreage indicated by cropland,
soil type, and topography” means the
number of acres computed by multiply
ing the cropland well suited to corn for a
farm by the ratio of historical corn acre
age determined for a community or
county pursuant to § 721.616 (a) to crop
land well suited to corn for the commu
nity or comity. County ratio determina
tions will be made subject to approval bf
the State committee.
(i) “Person” means an individual,
partnership, association, corporation, es
tate, trust, or other business enterprise
or legal entity, and, wherever applicable,
a State, political subdivision of a State,
the Federal Government, or any agency
thereof.
(j) ‘‘Operator” means the person who'
is in charge of the supervision and con
duct of the farming operations on the
entire farm.
(k) “New farm” means a farm on
which corn will be planted in 1955 for the
first time since 1951.
(l) “Old farm” means a farm on which
corn was planted in one of more of the
three years 1952 through 1954.
(m) "Corn acreage” means the num
ber of acres of land on which field corn
is planted alone or interplanted with
other crops, including sweet corn which
is produced for feed or silage: Provided,
That the acreage of corn planted in ex
cess of the acreage allotment for thé
farm shall be regarded as corn acreage if
and only if such corn (1) is harvested,
(2) is left standing in the field on a date
to be established by the county commit
tee, such date to be approximately 15
days prior to the beginning of the harvest
of corn for grain in the county, or (3)
is used as seed, feed, fodder, or silage,
or sold (including involuntary sales),
bartered, exchanged, or donated.
(n) Com allotments:
(1) “County allotment” means the
corn acreage allotment apportioned to
the county as its share of the 1955 acre
age allotment for the commercial corn-
producing area as determined on the
basis of the acreage planted to com dur
ing the five calendar" years, 1950-54
(plus, in applicable years, the acreage
diverted under previous agricultural ad
justment and conservation programs),
with adjustments for abnormal weather
conditions and for trends in acreage dur
ing such period, and for the promotion
of soil-conservation practices.
(2) “Farm allotment” means the corn
acreage allotment determined for a farm
as its share of the 1955 county allot
ment.
(o) “Commercial c o r n - producing
area” means the area designated by the
Secretary pursuant to section 301 (b)
(4) of the act, and includes all counties
in which the average production of com
(excluding corn used for silage) during
the ten calendar years, 1945-54, after
adjustment for abnormal weather con
ditions, is 450 bushels or more per farm
and 4 bushels or more for each acre of
farmland in the county, and also includes
any county bordering on such commer
cial corn-producing area which the Sec
retary finds is' likely to produce 450
bushels or more per farm and 4 bushels
or more for each acre of farmland in
1955, or in which there is a minor civil
division which the Secretary finds is
likely to produce 450 bushels or more per
farm and 4 bushels or more for each acre
of farmland in 1955.
§721.612 Extent of^calculations and
rule of fractions. All acreage determi
nations shall be rounded to whole acres.
Fractional acres of fifty-one hundredths
of an acre or more shall be rounded up
ward, and fractional acres of less than
fifty-pne hundredths of an acre shall be
dropped.
§721.613 Instructions and forms.
The Director shall cause to be prepared
and issued such forms as are necessary
and shall cause to be prepared such in
structions as are necessary for carrying
out the regulations in this part. The
forms and instructions shall be a/pproved
by, and the instructions shall be issued
11. Tuesday, November 16, 1954 FEDERAL REGISTER 7375
by the Deputy Administrator for Produc
tion Adjustment, Commodity Stabiliza
tion Service.
§721.614 Method of apportioning
county allotments. The county acreage
allotment shall be apportioned to f a r m s
in the county on the basis of tillable
acres, crop-rotation practices, type of
soil, and topography.
§721.615 Report of data for old corn
farms. The owner, operator, or any
other interested person shall furnish the
following information regarding the
farm in which he has an interest to the
county ASC office of the county in which
the farm is regarded as located if corn
was planted on the farm in 1952,1953, or
1954.
(a) The names and addresses of the
owner and operator.
(b) The total acreage of all land.
(c) The acreage of cropland.
(d) The acreage of com planted in
the years 1951, 1952, 1953, and 1954.
(e) The acreage of other crops and
land uses.
(f) Other pertinent information re
quested by the county ASC office relative
to operations of the farm.
§721.616 Determination of base acre
ages for old farms. To reflect the fac
tors of tillable acres, crop-rotation prac
tices, type of soil, and topography, the
county committee shall determine for
each farm on which there was com acre
age for any one of the years 1952, 1953,
and 1954, a base acreage of com as
follows:
(a) Historical average acreage. There
shall first be established for each farm
a historical average com acreage which
shall be the average of the acreages
planted to corn for 1951,1952, and 1953.
(b) Adjusted average acreage. The
county committee shall adjust the his
torical average com acreage for any
farm by eliminating from the period of
years used in determining the historical
average acreage the acreage planted to
com in any year or years for which it
definitely finds that the com acreage
was not representative of the acreage
which normally would have been planted
under the established crop-rotation sys
tem on the farm taking into considera-
tion the 1954 com acreage (planted plus
diverted) because such acreage was:
(1) Abnormally low due to excessive
wet weather or flood.
(2) Abnormally low due to drought.
Abnormally high because of
weather conditions which caused failure
of crops other than com or which pre
coni the planting of crops other than
(4) No longer representative because
oi a change in operations which results
m substantial change in the established
cr°P‘r°tatl°n system for the farm.
(o) Not representative for 1955 be
cause of a definitely established crop-
rotation system being carried out on the
If all three years are eliminated the ad
justed average acreage shall be zero.
(c) Further adjustments. The his
torical average acreage or the adjustéd
average acreage, as the case may be, may
be further adjusted so as to make such
acreage comparable with those acreages
for other farms which are similar with
respect to the type of farming operation
and to the factors of tillable acreage,
topography, and type of soil within the
following limitations;
(1) If such acreage is unusually low,
the historical average acreage or the ad
justed average acreage, as the case may
be, may be adjusted upward by not more
than 20 percent, but not above the acre
age indicated by cropland, soil type, and
topography, except as provided in sub-
paragraph (2) of this paragraph.
(2) If the adjusted average acreage
under paragraph (b) of this section is
zero, the adjusted average may be ad
justed upward, but not above the acreage
indicated by cropland, soil type, and to
pography.
(3) If such acreage is excessively high,
it may be adjusted downward by not
more than 25 percent, but not below the
acreage indicated by cropland, soil type,
and topography.
(d) Base acreage. (1) The base acre
age for an old farm shall be the histori
cal acreage determined under paragraph
(a) as adjusted under paragraphs (b)
and (c) of this section.
(2) A zero base acreage shall be estab
lished for a farm pursuant to this sec
tion only if the committee determines
that corn will not be planted in 1955 un
der the crop-rotation system for the
farm.
or more of the rears »re
S e a t e d to accordance with the pro-
S ?ifc £SUbparagraPhs (1) through (5)
yeaii^vSaragr^?hi the average of the
£ H
not s° eliminated shall be con-
d as the adjusted average acreage.
§ 721.617 Determination of base acre
ages for new farms, (a) The county
committee shall determine a base acre
age for use in establishing a corn acreage
allotment for each eligible farm on which
corn was not planted in any of the years
1952,1953, and 1954 but for which a corn
acreage allotment is requested for 1955
not later than January 15, 1955, or such
earlier date established by the State com
mittee as affording reasonable oppor
tunity for requesting such an allotment.
Each request for such an allotment shall
include the following information:
(1) The acreage of all land and total
cropland on the farm for which an al
lotment is requested.
5.2) The acreage of cropland well
suited to com.
(3) The name and address of the farm
owner and, if known, the name and ad
dress of the 1955 operator.
(4) Location and description of the
farm.
(5) Identification and location of any
other farm in which the operator will
have an interest in 1955.
(6) Acreage of com in which the op
erator had an interest in 1952, 1953, and
1954, and identification and location of
land on which such com was planted.
(7) Com acreage which would be
planted in 1955 under the rotation sys
tem planned for the farm.
(8) Reason for requesting a 1955 com
acreage allotment.
(9) Reason for not planting com on
the farm in 1952, 1953, and 1954.
(b) Eligibility for a new farm allot
ment shall be conditioned upon the fol
lowing:
(1) The land for which an allotment
is requested is well suited for the produc
tion of corn, and
(2) The operator is largely dependent
for his livelihood on his farming opera
tions, and
(3) The producer establishes to the
satisfaction of the county committee
that:
(i) The s y s t e m of farming has
changed or is changing to the extent that
corn will be included in such system for
1955; or
(ii) The established crop-rotation sys
tem followed on the farm will include
com for 1955.
In determining the base acreage for a
new farm, the county committee shall
take into consideration tillable acres,
type of soil, topography, the farming
system to be followed by the operator,
the extent to which the operator is de
pendent for his livelihood on his farm
ing operations, and the information re
quired of the applicant in his request for
an allotment: Provided, That the base
acreage determined for a new farm shall
not exceed the indicated acreage which
►would be planted in 1955 under the rota
tion system planned for the farm, or the
acreage indicated by cropland, soil type,
and topography.
§ 721.618 Determination of acreage
allotments for all farms. The 1955
county acreage allotment, after deduc
tion of an appropriate reserve for ap
peals, correction of errors, and missed
farms as determined by the county com
mittee, shall be apportioned pro rata
among the farms within the county by
the county committee on the basis of the
base acreages determined under §§ 721.-
616 and 721.617.
§ 721.619 Supervision, review, and ap
proval by the State committee. The
State committee shall be responsible for
the work of the county committee in the
apportionment of the county corn acre
age allotments to farms, the review of
all allotments, reserves, and the correc
tion of any improper determinations
made under the regulations in this part.
All acreage allotments shall be approved
by or on behalf of the State committee
and no official notice of an acreage allot
ment shall be mailed until such allot
ment has been approved by or on behalf
of the State committee.
§ 721.620 Farms divided or combined.
(a) The 1955 com acreage allotment de
termined for a farm shall, if there is a
division, be apportioned to each part on
the basis of the acreage of cropland on
each part, except that, if the county
committee determines that this method
would result in allotments not repre
sentative of the farming operations nor
mally carried out on each part, an al
lotment may be determined for each part
in the same manner as would have been
done if such part had been a completely
separate farm: Provided, That the sum
of the allotments thus determined for
each part shall not exceed the allotment
originally determined for the entire farm
which is being divided.
12. 7376 RULES AND REGULATIONS
(b) If two or more farms for which
the 1955 corn acreage allotments are
determined will be combined and oper
ated as single farm in 1955, the 1955
allotment shall be the sum of the allot
ments determined for each of the farms
comprising the combination.
§ 721.621 Right to appeal. Any
owner, operator, landlord, tenant, or
sharecropper who is dissatisfied with the
acreage allotment for his farm may
file an appeal for reconsideration of the
allotment for his farm. The request for
appeal and facts constituting a basis for
such consideration must be submitted in
writing and postmarked or delivered to
the county committee within 15 days
after the date of mailing the notice of
allotment. If the applicant is dissatis
fied with the decision of the county com
mittee with respect to his. appeal, he
may appeal to the State committee
within 15 days after the date of mailing
of the notice of the decision of the county
committee. If the applicant is dissatis
fied with the decision of the State com
mittee, he may, within 15 days after the
date of mailing of the notice of the
decision of the State committee, appeal
to the Director, whose decision shall be
final.
§ 721.622 Applicability of §§ 721.610
and 721.622. Sections 721.610 to 721.622
shall govern the establishment of the
farm acreage allotments for the 1955
crop of corn for use in connection with
farm price support programs. The regu
lations are contingent upon the procla
mation of an acreage allotment of corn
for 1955 in the commercial corn-produc
ing area by the Secretary pursuant to
section 328 of the Agricultural Adjust
ment Act of 1938, as amended.
No te: The reporting requirem ents con
tained herein have heen approved by, and
subsequent reporting requirem ents will be
subject to the approval of, th e Bureau of
Budget in accordance w ith Federal Reports
Act of 1942.
Done at Washington, D. C., this 10th
day of November 1954. Witness my hand
and the seal of the Department of
Agriculture.
[seal] True D. Morse,
Acting Secretary.
[F. R. Doc. 54-9007; Filed, Nov. 15, 1954;
8:58 a. m.J
Chapter IX— Agricultural Marketing
Service (Marketing Agreements and
Orders), Department of Agriculture
Part 909—Almonds Grown in
California
CHANGES IN SALABLE AND SURPLUS
PERCENTAGES
Pursuant to the provisions of Market
ing Agreement No. 119 and Order No. 9
regulating the handling of almonds
grown in California (7 CFR, 1953 Rev.,
Part 909), effective under the Agricul
tural Marketing Agreement Act of 1937,
as amended (7 U. S. C.f 601 et seq.), and
upon the basis of the recommendation
and information submitted by the Al
mond Control Board and other available
information the salable and surplus per
centages of almonds for the crop year
beginning July 1, 1954, are changed as
set forth below.
The Board at its meeting in Sacra
mento, California, on October 29, 1954
reviewed its estimates of almond supply
and demand factors for the 1954-55 crop
year and upon the basis of its revised
estimates of 1954 crop production and
imports recommended that the salable
percentage for almonds be increased to
75 percent from the 70 percent presently
in effect (19 F. R. 5574) and that a cor
responding change be made in the sur
plus percentage, i. e., reducing it to 25
percent from the 30 percent currently in
effect. The presently effective salable
and surplus percentages were based on
an estimated production of 50,550,000
pounds of almonds, edible kernel weight
basis, and estimated imports of 3 million
pounds for the 1954-55 crop year. The
Board has reduced its estimate of the
1954 crop to 45 million pounds, and has
increased its estimate of imports to 5
million pounds, making a net decrease of
3 million pounds in the estimated quan
tity of almonds available for the
domestic market. The Board’s revised
estimate of production is believed to be
reasonably accurate in view of the fact
that most of the 1954 crop has been
received and much of it has already been
shelled by handlers. The Board’s revised
estimate of imports is based on the free
fee-quota of 5,000,000 pounds announced
by the President on October 11, 1954,
pursuant to section 22 of the Agricul
tural Adjustment Act, as amended, for
the year beginning October 1, 1954.
On the basis of information available
to the Department a salable percentage
of 75 percent for domestic almonds for
the crop year beginning July 1,1954, will
be required to make sufficient almonds
available to satisfy trade demand and
provide an adequate quantity to be car
ried over by handlers at the end of the
1954-55 crop year.
It is hereby found and determined
that the changed percentages provided
herein will tend to effectuate the de
clared policy of the act.
Therefore, such administrative rule is
changed to read as follows:
§909.204 Salable and surplus per
centages for the crop year beginning
July 1, 1954. The salable and surplus
percentages during the crop year begin
ning July 1, 1954 applicable to almonds,
edible kernel weight basis, received by
handlers for their own accounts, shall
be 75 percent and 25 percent, respec
tively.
It is hereby found and determined
that it is unnecessary and contrary to
the public interest to give preliminary
notice, engage in public rule making pro
cedure, or to postpone the effective date
of this order later than the date of its
publication in the F ederal R egister
since the effect of this action is to re
lieve restrictions upon handlers.
(Sec. 5, 49 Stat. 753, as am ended; 7 U. S. C."
608c)
Issued at Washington this 10th of
November 1954 to become effective upon
publication of this document in the Fed
eral Register.
[seal] Floyd F. Hedlund,
Acting Director,
Fruit and Vegetable Division. ,
[F. R. Doc. 54—
9005; Filed, No.v. 15, 1954;
8:57 a. m.]
TITLE 16— COMMERCIAL
PRACTICES
Chapter I— Federal Trade Commission
[Docket 5405]
Part 3—Digest of Cease and Desist
Orders
FRED SCHAMBACH
Subpart—Using, selling, or supplying
lottery devices: §3.2475 Devices for lot
tery selling. Selling or distributing in
commerce, push cards, punchboards, or
other lottery devices which are designed
or intended to be used in the sale or dis
tribution of merchandise to the public
by means of a game of chance, gift en
terprise, or lottery scheme; prohibited.
(Sec. 6, 38 Stat. 722; 15 U. S. C. 46. Interprets
or applies sec. 5, 38 Stat. 719; 5 U. S. C. 45)
[Modified cease and desist order, Fred
Sahambach, New York, N. Y., Docket 5405,
Oct. 11, 1954]
This proceeding having been heard by
the Federal Trade Commission upon the
complaint of the Commission, testimony
and other evidence, and the recom
mended decision of the hearing exam
iner; and the Commission having made
its findings as to the facts, concluded
that respondent had violated the pro
visions of the Federal Trade Commis
sion Act, and on September 30, 1952,
issued an order to cease and desist
against said respondent and his agents,
representatives and employees; and
Respondent thereafter having filed in
the United States Court of Appeals for
the District of Columbia Circuit his pe
tition to review and set aside said order
to cease and desist; and that Court hav
ing considered the cause, on September
15, 1953, and October 9, 1953, and en
tered orders modifying said Commission
order and affirming and enforcing the
Commission’s order as so modified; and
The Commission being of the opinion
that subparagraph number “1” of its
order and the preamble, insofar as ap
plicable thereto, should be modified so
as to accord with the judgment of the
United States Court of Appeals for the
District of Columbia Circuit, the same
is hereby modified to read as follows:
It is ordered, That respondent, Fred
Schambach, his agents, representatives
and employees, directly-or through any
corporate or any other device, do forth
with cease and desist from:
Selling or distributing in commerce, as
“commerce” is defined in the Federal
Trade Commission Act, push cards,
punchboards, or other lottery devices
which are designed or intended to be
used in the sale or distribution of mer
chandise to the public by means of a
game of chance, gift enterprise or lottery
scheme.
13. Tuesday, November 16, 1954 FEDERAL REGISTER
It is further ordered, That respondent
Fred Schambach, an individual, shall,
within thirty (30) days after service
upon him of this order, file with the
Commission a report in writing setting
forth in detail the manner and form in
which he has complied with the order of
September 30, 1952, as modified herein.
Issued: October 11,1954.
By the Commission.
[seal] R obert M. Parrish,
Secretary.
[F. R. Doc. 54-8958; Filed, Nov. 15, 1954;
8:50 a. m.]
[Docket 6i93]
Part 3—Digest of Cease and Desist
Orders
EDWARD L. MILLEN CO.
Subpart—Advertising falsely or mis
leadingly: §3.30 Composition of goods;
§3.70 Fictitious or misleading guaran
tees; §3.170 Qualities or properties of
product or service. Subpart—Offering
unfair, improper and deceptive induce
ments to purchase or deal: § 3.1980
Guarantee, in general. In connection
with the offering for sale, sale, or distri
bution in commerce of the products des
ignated “Cedar Wall” and “Cedar Wall
with DDT” or any other product or prod
ucts of substantially similar composition
or possessing substantially similar prop
erties, whether sold under these names or
under any other name or names, repre
senting, directly or by implication: (1)
That the product designated “Cedar
Wall” contains DDT; (2) that said prod
ucts repel moths or prevent damage by
moths; (3) that the product designated
“Cedar Wall with DDT” repels carpet
beetles, resists moths or carpet beetles
or prevents damage to clothes or fabrics
by moths; and (4) that “Cedar Wall” is
fully guaranteed unless such guarantee
is unconditional, or that said product is
guaranteed^in any way unless the terms
and conditions of the actual guarantee
are disclosed in immediate conjunction
therewith; prohibited.
(Sec. 6, 38 Stat. 722; 15 U. S. C. 46. In terp ret
or apply sec. 5, 38 S tat. 719; 5 U. S. O. 45)
[Cease and desist order, Edward L. ltfiiicn
Company, Brookline, Mass., Docket 6193, Oct.
5, 1954]
In the Matter of Edward L. Millen, an
Individual Doing Business as Edward
It. Millen Company
This proceeding was heard by Loren
H. Laughlin, hearing examiner, upon the
complaint of the Commission, which
charged respondent with unfair methods
of competition and unfair and deceptive
acts and practices in commerce in the
furnishing of certain false and mislead
ing display advertising to his dealers for
use in the sale of respondent’s “Cedar
Wall” and “Cedar Wall with DDT'; and
upon respondent’s “admission” answer in
which, pursuant to Rule v m of the Com
mission’s rules of practice, he admitted
all the material allegations of the com
plaint and without reservation waived
au intervening procedures in further
Proceedings as to the facts there alleged.
Thereafter said hearing examiner,
theretofore duly designated by the Com
mission to act in said matter in the
place of Hearing Examiner Frank Hier,
theretofore appointed by the Commis
sion for such purpose, made his initial
decision, in which, reciting the foregoing,
he set forth his findings that respondent
had been fully afforded due process of
law in all particulars, and that the pro
ceeding was substantially in the pub
lic interest, and in which, upon the whole
record, including the material facts al
leged in the complaint and admitted in
the answer, he made certain findings of
fact1and conclusions of law with respect
thereto,1along with an order to cease and
desist.
No appeal having been filed from said
initial decision of said hearing examiner
as provided for in Rule X X n of the Com
mission’s rules of practice, nor any other
action taken as thereby provided to pre
vent said initial decision becoming the
decision of the Commission thirty days
from service thereof upon the parties,
said initial decision, including sa/id or
der, accordingly, under the provisions of
said Rule X XII became the decision of
the Commission on October 5,1954.
Said order is as follows:
It is ordered, That Edward L. Millen,
an individual doing business as Edward
L. Millen Company, or doing business
under any other name, his representa
tives, agents and employees, directly or
through any corporate or other device,
in connection with the offering for sale,
sale or distribution in commerce, as
“commerce” is defined in the Federal
Trade Commission Act, of the products
designated “Cedar Wall” and “Cedar
Wall with DDT” or any other product or
products of substantially similar com
position or possessing substantially sim
ilar properties, whether sold under these
names or under any other name or
names, forthwith cease and desist from
representing directly or by implication:
(1) That the product designated
“Cedar Wall” contains DDT.
(2) That said products repel moths
or prevent damage by moths.
(3) That the product designated
“Cedar Wall with DDT” repels carpet
beetles, resists moths or carpet beetles
or prevents damage to clothes or fabrics
by moths.
(4) That “Cedar Wall” Is fully guar
anteed unless such guarantee is uncon
ditional, or that said product is guaran
teed in any way unless the terms and
conditions of the actual guarantee are
disclosed in immediate conjunction
therewith.
By “Decision of the Commission and
Order to File Report of Compliance”
Docket 6193, October 5, 1954, which an
nounced and decreed fruition of said
initial decision, report of compliance was
required as follows;
It is ordered, That the respondent
herein shall within sixty (60) days after
service upon him of this order, file with
the Commission a report in writing set
ting forth in detail the manner and form
1FUed as p a rt of th e original docum ent.
7377
in which he has complied with the order
to cease and desist.
Issued: October 5, 1954.
By the Commission.
[seal] Robert M. Parrish,
Secretary.
[F. R. Doc. 54-8960; Filed, Nov. 15, 1954;
8:50 a. m.]
[Docket 6201]
P art 3— D igest o f Cease and D esist
O rders
JOSEPH sAladoff
Subpart—Advertising falsely or mis
leadingly: §3.15 Business status, advan
tages, or connections: Bonded business;
§3.55 Demand, business, or other oppor
tunities; § 3.105 Individual’s special se
lection or situation; §3.260 Terms and
conditions; §3.275 Undertakings, in gen
eral. Subpart—Misrepresenting oneself
and goods—Business status, advantages
or connections: § 3.1368 Bonded busi
ness; [Misrepresenting oneself and
goodsl—Goods: §3.1610 Demand*for or
business opportunities; §3.1760 Terms
and conditions; §3.1765 Undertakings, in
general; [Misrepresenting oneself and
goodsl—. P r o m o t i o n a l sales plans:
§ 3.1830 Promotional sales plans. Sub
part—Offering unfair, improper, and de
ceptive inducements to purchase or deal:
§ 3.1985 Individual's special selection or
situation; §3.2015 Opportunities in prod
uct or service; §3.2080 Terms and con
ditions; § 3.2090 Undertakings, in gen
eral. Subpart—Using misleading name—
Vendor: § 3.2360 Bonded business. In
connection with the offering for sale,
sale, or distribution in commerce, of
sales promotional plans, trading stamps,
or premiums: (1) Representing, directly
or by implication: (a) That respondent’s
business is bonded, or that any bond or
other assurance has been given to pro
vide compliance with his sales agree
ment; (b) that merchants subscribing to
or purchasing respondent’s sales pro
motion plan, including trading stamps
and premiums, will be assured of in
creased business; (c) that p r e m iu m s
which are to become the property of the
merchant customer subscribing to or
purchasing respondent’s plan, will be
supplied to his merchant customers for
display or other purposes, unless such
premiums are in fact so furnished and
supplied on such basis, and no attempt is
or will be made to collect for or to recover
said premiums; (d) that premiums will
be delivered by respondent and without
additional cost or charge to the mer
chant, or the merchant’s customers, who
send in respondent’s stamps for redemp
tion, unless respondent in all instances
delivers all premiums, and without im
posing or attempting to collect a charge
or fed therefor; or misrepresenting in
any other manner the terms or condi
tions under which premiums are to be
delivered or supplied by respondent in
connection with the redemption of
stamps purchased from respondent; and
(e) that the sale of respondent’s plan or
stamps will be restricted to only a few
14. 7378 RULES AND REGULATIONS
or to a limited number of selected mer
chants in each trade area, unless such
sales thereof are so limited; and (2)
using the word “Bonded”, or any word
or words of similar import or meaning,
as a part of a trade name under which
respondent does business; prohibited. /
(Sec. 6, 38 Stat. 722; 15 U. S. C. 46. In terp ret
or apply sec. 5, 38 Stat. 719; 5 U. S. C. 45)
[Cease and desist order, Joseph Saladoff
trading as Bonded T hrift Stam p Co., etc.,
Philadelphia, Pa., Docket 6201, Oct. 3, 1954]
In the Matter of Joseph Saladoff, an
Individual Trading as Bonded Thrift
Stamp Co. and Crown Trading Stamp
Co.
This proceeding was heard by James
A. Purcell, hearing examiner, upon the
complaint of the Commission which
charged respondent with various mis
representations in the sale and distribu
tion of sales promotional plans to retail
merchants, and upon a stipulation be
tween the parties, of record in the in
stant proceeding, for a consent order.
By the terms of said stipulation, the
parties agreed that the complaint and
said stipulation should constitute the
entire record in the matter, withdrawal
of the answer theretofore filed by re
spondent being moved and granted; that
respondent admitted all of the jurisdic
tional allegations set forth in the com
plaint; and that the parties waived
hearing before a hearing examiner or
the Commission and also the making of
findings as to the facts and conclusions
of law by the examiner or the Commis
sion; that respondent waived the rights
to file exceptions or to demand oral ar
gument before the Commission as also
all further and other procedure before
the examiner or the Commission, to
which, but for the execution and filing
of the aforesaid stipulation, the respond
ent might be entitled under the Federal
Trade Commission Act or the rules of
practice of the Commission.
Said stipulation specifically waived
any and all right, power, or privilege to
challenge or contest the validity of the
order to be made and further provided
that the complaint forming the basis of
the proceeding might be used in constru
ing the terms of said order, which might
be altered, modified, or set aside in the
manner provided by law for other orders
of the Commission where such action is
sought.
Thereafter said examiner made his
initial decision setting forth the afore
said matters and his conclusion, on the
basis thereof, that the proceeding was
in the public interest, and in conformity
with the action in said stipulation con
templated and agreed upon, made his
order to cease and desist.
No appeal having been filed from said
initial decision of said hearing examiner,
as provided for in Rule XXII of the
Commission’s rules of practice, nor any
other action taken as thereby provided
to prevent said initial decision becoming
the decision of the Commission thirty
days from service thereof upon the par
ties, said initial decision, including said
order, accordingly, under the provisions
of said Rule XXII became the decision
of the Commission on October 3, 1954.
Said order is as follows:
It is ordered, That the respondent
Joseph Saladoff, an individual now
trading as Bonded Thrift Stamp Co.,
Crown Trading Stamp Co., or under any
other name or names, and his agents,
representatives and employees, directly
or through any corporate or other de
vice, in connection with the offering for
sale, sale or distribution, in commerce,
as “commerce” is defined in the Federal
Trade Commission Act, of sales promo
tional plans, trading stamps or pre
miums, do forthwith cease and desist
from;
1. Representing, directly or by impli
cation:
(a) That his business is bonded, or
that any bond or other assurance has
been given to provide compliance with
his sales agreement.
(b) That merchants subscribing to or
purchasing respondent’s sales promotion
plan, including trading stamps and pre
miums, will be assured of increased
business.
(c) That premiums which are to be
come the property of the merchant
customer subscribing to or purchasing
respondent’s plan, will be supplied to his
merchant customers for display or other
purposes, unless such premiums are in
fact so furnished and supplied on such
basis, and no attempt is or will be made
to collect for or to recover said premiums.
(d) That premiums will be delivered
by respondent and without additional
cost or charge to the merchant, or the
merchant’s customers, who send in re
spondent’s stamps for redemption, unless
respondent in all instances delivers all
premiums, and without imposing or at
tempting to collect a charge or fee there
for; or misrepresenting in any other
manner the terms or conditions under
which premiums are to be delivered or
supplied by respondent in connection
with the redemption of stamps pur
chased from respondent.
(e) That the sale of respondent’s plan
or stamps will be restricted to only a few
or to a limited number of selected mer
chants in each trade area, unless such
sales thereof are so limited.
2. Using the word “Bonded,” or any
word or words of similar import or
meaning, as a part of a trade name
under which respondent does business.
By “Decision of the Commission and
Order to File Report of Compliance”,
Docket 6201, September 24, 1954, which
announced and decreed fruition of said
initial decision, report of compliance was
required as follows:
It is ordered, That the respondent
herein shall within sixty (60) days after
service upon him of this order, file with
the Commission a report in writing set
ting forth in detail the manner and form
in which he has complied with the order
to cease and desist. -
Issued: September 24, 1954.
By the Commission.
[seal] R obert M. P arrish,
Secretary.
[F. R. Doc. 54-8959; Filed, Nov. 15, 1954;
8:50 a. m.]
PROPOSED RULE MAKING
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[ 7 CFR Part 51 ]
F r u it s , Vegetables and O ther P roducts
(In spec t io n , Certifica tio n and S tand
ards)
ADDITIONAL CHARGES FOR OVERTIME WORK
Notice is hereby given that the United
States Department of Agriculture is con
sidering the revision of regulations gov
erning the inspection of fresh fruits,
vegetable, and related products (7, CFR
Part 51).
All persons who desire to submit writ
ten data, views or arguments for con
sideration in connection with the pro
posed standards should file the same
with the Chief, Fresh Products Stand
ardization and Inspection Branch, Fruit
and Vegetable Division, Agricultural
Marketing Service, United States De
partment of Agriculture, South Building
Washington 25, D. C., not later than 15
days after publication hereof in the
F ederal R egister. .
The proposed revision consists of in
serting the following new section:
§ 51.37a Additional charges for oner-
time work. Whenever inspections are
performed at the request of the applicant
on Saturdays, Sundays, holidays, or at
other periods which are outside the in
spector’s regularly scheduled work week,
the charge for inspection shall be $1.50
per hour or portion thereof per inspector
in addition to the regular commercial lot
or hourly fees specified in this subpart.
Dated: November 10,1954.
[seal] R oy W. L ennartson,
Deputy Administrator,
^ Marketing Services.
[F. R. Doc. 54-9006; Filed, Nov. 15, 1954;
8:57 a. m.]