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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
7366 RULES AND REGULATIONS
Æ 
FEDERAL^REGISTER
•v,1
9
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4
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T
tO
’
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
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
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
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:
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
TITLE
14—
CIVIL
AVIATION
Chapter
II—
Civil
Aeronautics
Administration,
Department
of
Commerce
[A
m
dt.
114]
P
art
609—S
tandard
I
nstrument
A
pproach
P
rocedures
X
-n-V
SlsJC
jlSU
IU
!*
r
tl_
jJ
.J
C
jtt
r
t.L
H
J
J
.N
0
¿
S
S
S
S
*
"
“
'
“
*
™
»
“
»
a
'
i
s
s
a
a
s
=
s
«
Part
609
is
amended
as
follows:
/
,r
WKSKTS:
i
s
^
i
r
a
s
s
s
r
i
!
,O
I
1
0
Sa
rew
ere
a
procedure
Is
cauceled,
th
e
existing
procedure
Is
revoked;
ngw
procedures
a
re
to
he
p
la
c
e
d
l
a
a
p
p
ro
p
ria
te
alp
h
a
b
etica
l
sequence
w
ith
in
th
e
sectio
n
am
ended.
8
Pr0C
1.
The
low
frequency
range
procedures
prescribed
in
§
609.6
are
amended
to
read
in
part:
L
FR
S
tandard
I
nstrument
A
pproach
P
rocedure
«
C
Ä
-
Ä
M
Ä
S
Ä
S
S
E
City
and
State;
airport
name,
elevation;
facility:
class
and
identification;
procedure
No.;
effective
date
Initial
approach
to
facility
from—
Course
and
dis­
tance
Minimum
altitude
(ft.)
Procedure
turn
(—
)
side
of
final
a
pproach
course
(outbound
and
inbound);
altitudes;
limiting
dis­
tances
Minimum
altitude
over
facility
on
final
approach
course
(ft.)
Course
and
distance,
facility
to
airport
Ceiling
ai
Condition
id
visibility
Type
75
m.
p.
h.
or
less
minimums
aircraft
More
than
75
m.
p.
h.
If
visual
contact
not
established
at
author­
ized
landing'
minimums
after
passing
facility
within
distance
specified,
or
if
landing
not
accomplished
1
2
3
4
5
6
*
7
8
9
10
11
GREENVILLE,
S.
0.
Greenville,
1,049'.
SBMRLZ-GRL.
Procedure
No.
1
Amendment
No.
7.
Effective
December
24,1954.
Supersedes
amendment
No.
6
dated
December
5,1951.
Major
changes:
raises
DC-3
ending
minima;
lowers
procedure
turn
altitude,
and
altitude
over
range
(final).
Revises
missed
approach
procedure.
Low­
ers
straight-in
ceilings
for
75
and
4-engine
aircraft.
Reedv
Intersection
002—
8.0
2,300
W
side
S
course:
182°
outbound.
002°
inbound.
2,100'
within
10
miles.
1,600
002-1.7
2
T-dn
C-d
C-n
S-36
d
n
engines
or
le
300-1
500-1
500-1)3
400-1
400-1)3
ss
300-1
500-1
500-1)3
400-1
400-1)3
Climb
to
3,200'
on
N
course
LFR
within
10
miles
turn
right
and
return
to
LFR.
C
aution
:
1,340'
mean
sea
level
tower
4.5
miles
W
LFR.
Beacon
Intersection_____
272—11.0
2,300
M
o:
T-dn
C-dn
'
S-36
dn
e
than
2
eng
nes
300-1
500-1)3
400-1)3
A-dn
All
aircraft
80(
y
-
2
HUTCHINSON,
KANS.
Hutchinson,
1,542'.
SBMRLZ-VDT-HUT.
Procedure
No.
1.
Effective
date:
December
24,
1954.
Amendment
No.
9.
Supersedes
No.
8.
Dated
July
9,1954.
Major
changes:
Missed
ap­
proach
altitude
lowered
to
3,000'
to
provide
cardinal
1
altitudes
for
holding.
Hutchinson
VOR..........
062—
4.0
2,800
W
side
S
course:
170°
outbound.
350°
inbound.
2,800'within
10
miles.
Procedure
turn
beyond
10
miles
not
authorized
ac­
count
ATO
and
non­
standard
to
avoid
IOT
VOR
traffic.
2,300
380—
5.1
2
T-dn
C-dn
S-dn
35
A-dn
1
--------------
engmes
or
less
Within
3.1
miles,
climb
to
3,000'
on
N
course
within
25
miles,
or
alternate
missed
approach
when
directed
by
ATO
turn
left
and
climb
to
3,000'
on
W
course
HUT-
LFR
within
25
miles.
C
aution
:
2,340'
TV
tower
located
4.6
miles
ESE
of
airport.
Aircraft
taking
off
to
N,
S,
NE,
or
SE,
climb
to
2,800'
prior
to
proceeding
toward
TV
tower.
*500-1
required
when
necessary
to
circle
the
airporton
the
W
side
to
effect
a
landing.
North
Fork
Radiobeacon
or
marker
(final).
350—
13.0
2,300
300-1
*400-1
400-1
800-2
300-1
500-1
400-1
800-2
Mor
T-dn
C-dn
S-dn
35
A-dn
e
than
3
engi
nes
m
-
H
500-1)3
400-1
800-2
•o
Tuesday, November 16, 1954 FEDERAL REGISTER
LFR
S
t
a
n
d
a
r
d
I
n
s
t
r
u
m
e
n
t
A
p
p
r
o
a
c
h
P
r
o
c
e
d
u
r
e
—
Continued
-
Procedure
turn
(—
)
side
of
final
a
pproach
course
(outbound
and
inbound);
Minimum
altitude
over
facility
on
final
approach
course
(ft.)
Ceiling
and
visibility
minimums
If
visual
contact
not
established
at
author­
ized
landing
minimums
after
passing
facility
within
distance
specified,
or
if
City
and
State;
airport
name,
elevation;
facility:
class
and
identification;
procedure
No.;
effective
date
Initial
approach
to
facility
from—
Course
and
dis-
Minimum
altitude
Course
and
distance,
facility
to
airport
Type
aircraft
tance
(ft.)
altitudes;
limiting
dis­
tances
Condition
75
m.
p.
h.
or
less
More
than
75
m.
p.
b.
landing
not
accomplished
1
2
3
4
5
6
7
8
9
10
11
SOUTH
BEND,
IND.
St.
Joseph
County,
778'.
SBMRAZ-VDT-SBN.
New
Carlisle
FM
(final)_
_
096—
10
1,500
N
side
W
course:
276°
outbound.
096°
inbound.
1,500
075-3.3
2
T-dn
engines
or
le
300-1
3S
300-1
Within
3.3
miles,
climb
to
2,000'
on
E
course
SBN-LFR,
or
if
directed
by
ATC.
make
left
climbing
turn,
climb
to
2,000'
on
N
course
SBN-LFR.
211—7
2,000
C-dn
500-1
500-1
Procedure
No.
1.
Effective
date:
December
24,
1954.
2,000'
within
10
miles.
S-dn
9
or
6
A-dn
500-1
800-2
500-1
800-2
Amendment
No.
5.
Supersedes
No.
4.
Dated
October
28,
1953.
Major
changes:
None—
MEA
all
directions
deleted.
Dis­
tance
corrected
from
VOR
and
Item
5
revised
to
10
miles.
Moi-e
than
2
eng
nes
2004$
500-i)i
S-dn
*00-1
A-dn
800-2
2.
The
very
high
frequency
omnirange
procedures
prescribed
in
§
609.9
(a)
are
amended
to
read
in
part:
V
O
R
S
t
a
n
d
a
r
d
I
n
s
t
r
u
m
e
n
t
A
p
p
r
o
a
c
h
P
r
o
c
e
d
u
r
e
Bearings,
headings,
and
courses
are
magnetic.
Distances
are
in
statute
miles
unless
otherwise
indicated.
Elevations
and
altitudes
axe
in
feet,
MSL.
_
Ceilings
are
in
feet
above
a
i
^
o
r
^
different
nroeedur
If
a
VOR
instrument
approach
is
conducted
at
the
below
named
airport,
it
shall
be
in
accordance
with
the
following
instrument
approach
procedure,
unles:^
i
an
approach
^conductedUn
a
c
M
^
authorized
by
the
Administrator
for
Civil
Aeronautics
for
such
airport.
Initial
approaches
shall
be
made
over
specified
routes.
Minimum
altitude
(s)
shall
correspond
with
those
established
for
en
rou
e
p
P
or
as
set
forth
below.
City
and
State;
airport
name,
elevation;
facility;
class
and
identification;
procedure
No.;
effective
date
Initial
approach
to
facility
from—
Course
and
distance
Minimum
altitude
(ft.)
Procedure
turn
(—
)
side
of
final
approach
course
(outbound
and
inbound)';
altitudes;
limiting
dis­
tances
A
Minimum
altitude
over
facility
on
final
approach
course
(ft.)
Course
and
distance,
facility
to
airport
Ceiling
an
Condition
d
visibility
n
Type
a
75
m.
p.
h.
or
less
ainimums
xrcraft
More
than
75
m.
p.
h.
If
visual
contact
not
established
at
author­
ized
landing
minimums
after
passing
fa­
cility
within
distance
specified,
or
if
land­
ing
not
accomplished
1
2
3
4
5
6
7
8
9
10
11
SOUTH
BEND,
IND.
St.
Joseph
County,
778'.
BVOR-VDT-SBN.
Procedure
No.
1.
Effective
date,
December
24,
1964.
Amendment
No.
3.
Supersedes
No.
2.
Dated
October
28,1953.
Major
changes:
Item
5
alti­
tude
raised
to
2,100'
due
to
1,100'
mean
sea
level
tower
4
miles
W
of
Buchanan,
Mich.
Minor
revision:
Courses
and
distances.
Goshen
LFJR......................
305—
29.0
2,200
W
side
of
course:
360°
outbound.
180°
ihbound.
2,100'
within
10
miles.
1,400
180—
4.0
2
T-dn
C-dn
A-dn
engines
or
le
300-1
500-4
800-2
ss
300-1
500-1
800-2
Within
4
miles,
make
right
climbing
turn,
climb
to
1,900'
and
return
to
SBN-VOR
or
when
directed
by
ATO,
climb
to
2,000'
on
course
of
180°
from
SBN-VOR
within
25
miles
of
SBN-VOR.

South
Bend
LFR
-.______
031—
7.0
2,000
Union
Intersection_______
266—25.0
2,000
M
o:
T-dn
C-dn
A-dn
e
than
2
eng
nes
200-’
4
500-1)4
800-2
North
Liberty
intersection..
012—17.0
2,000
Intersection
W
course
SBN
L
FR
and
253°
radial
SBN-VOR.
073—14.0
1,900
Intersection
N
course
SBN
L
F
R
and
350°
radial
SBN-VOR.
170-14.0
1,900
7372 RULES AND REGULATIONS
3.
The
instrument
landing
system
procedures
prescribed
in
§
609.H
are
amended
to
read
in
part:
Bearings,
headings,
and
courses
are
magnetic.
I
L
S
S
t
a
n
d
a
r
d
I
n
s
t
r
u
m
e
n
t
A
p
p
r
o
a
c
h
P
r
o
c
e
d
u
r
e
Distances
are
in
statute
miles
unless
otherwise
indicated.
.
*
p
?
S
0A
Ctl
18
c0°
du?ted
at.
thf
^el0^
n
Iamfd
airport,
it
shall
be
in
accordance
with
the
followingtastr^^
uifiess^fipproi^
a
different
procedure
authori«>d
K
w
:
Admlnistrator
for
Civd
Aeronautics
for
such
airport.
Initial
approaches
shall
be
made
over
specified
routes.
Minimum
altitudes
(s)
shall
correspond
with
tfiwe'
S
l
K
i
w
h
n
^
X
^
ü
œ
in
t
o
S
f
c
u
K
r
e
a
or
«
set
forth
City
and
State;
airport
name,
elevation;
facility:
class
and
identification;
procedure
No.;
effective
date
Transition
to
ILS
From—
GREENVILLE,
S.
O.
Greenville,
1,049'.
ILS—IGRL.
LOM-QR.
ILS
and
ADF
com­
bination.
Procedure
No.
1.
Amendment
No.
1
,
December
24,1954.
Major
changes:
In­
crease
procedure
turn
altitude.
Lower
altitude
over
LOM
(final).
Raise
DC-3
c
irc
lin
g
minima.
Missed
approach
E
rocedure
revised.
ower
night
ILS
visibility.
Supersedes
Amend­
ment
original
dated
April
24,
1953.
PHILADELPHIA,
PA.
International,
llr.
ILS-PHL.
LOM-PH.
Combination
IL
S-
ADF.
Procedure
No.
1.
Effective
date:
No­
vember
26,1954.
Amendment
No.
6.
Supersedes
Amend­
ment
No.
5
dated
November
26,
1954.
Major
changes:
Adds
iL
s
minimums
ap­
plicable
with
glide
slope
inoperative.
Greenville
L
FR
.
Boothwyn
FM
(final).
To—
LOM..
Philadelphia
LFR.
LOM.
LOM.
Course
and
dis­
tance
180—2.5
085-7
Mini­
mum
al­
titudes
(ft.)
2,300
251—2.8
1,500
(ILS)
900
(ADF)
1,600
Procedure
turn
(—
)
side
of
final
approach
course
(outbound
and
inbound);
alti­
tudes;
limiting
distances
W
side
S
course:
181°
outbound.
001°
inbound.
2,100'
within
10
miles.
S
side
W
course:
265°
outbound,
085°
inbound.
1,500'
within
10
miles
of
LOM.
Minimum
alti­
tude
at
glide
slope
intercep­
tion
inbound
(ft.)
Altitude
of
glide
slope
and
distance
to
ap<
proach
end
of
runway
at—
Outer
marker
ILS
1,600
over
LOM
ADF
1,600
over
LOM
No
glide
slope
4.2
Middle
marker
ILS
1,500
ADF
900
over
LOM
1,500-5.3
0.7
230-0.7
Ceiling
and
visibility
minimums
Condition
10
Type
aircraft
75m.p.h.
or
less
More
than
75
m.
p.
h.
12
T-dn
C-d
C-n
2
engines
or
less
S-36
ILS
dn
ADF
d
300-1
500-1
500-1)4
400-54
400-1
400-1)4
300-1
600-1
500-1)4
400-54
400-1
400-1)4
T-dn
C-dn
200-)4
500-1)4
S-36
ILS
dn
400-54
ADF
dn
400-1)4
A-dn
ILS
All
aircraf
600-2
ADF
800-2
2
engines
or
less
T-dn
C-dn
*ILS
300-1
400-1
300-1
500-1
ADF
500-1
500-1
S-dn
9
•ILS
200-)4
20044
ADF
500-1
500-1
A-dn
ILS
600-2
600-2
ADF
800-2
800-2
More
than
2
engines
T-dn
C-dn
S-dn
9
•ILS
ADF
A-dn
ILS
ADF
200-)4
500-1%
200-)4
500-1
600-2
800-2
If
visual
contact
not
established
upon
descent
to
authorized
land­
ing
minimums
or
if
landing
not
accomplished
13
Climb
to
3,200'
on
N
course
Lezr,
within
10
miles
turn
right
and
return
to
LOM,
4.2
miles
after
passing
LOM
(ADF)
climb
to
3,200'
on
course
of
001°
within
10
miles
turn
right
and
return
to
LOM.
Within
5.3
miles
after
passing
LOM
(ADF)
dimh
to
2,500'
on
NE
course
of
Philadelphia
LFR
to
Mt.
Holly
Intersection.
Alter­
nate
missed
approach
procedure
(when
requested
by
ATO)
make
a
right
climbing
turn,
proceed
to
Elmer
Intersection
at
1,500'.
*500-1
required
with
glide
slope
inoperative.
Tuesday, November 16, 1954 FÉDÉRAL REGISTER 7373
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
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.
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.
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
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.]
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FR-1954-11-16.pdf

  • 1. ^UTTERAt 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 3 4 í'A H T tO ’ 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
  • 7. TITLE 14— CIVIL AVIATION Chapter II— Civil Aeronautics Administration, Department of Commerce [A m dt. 114] P art 609—S tandard I nstrument A pproach P rocedures X -n-V SlsJC jlSU IU !* r tl_ jJ .J C jtt r t.L H J J .N 0 ¿ S S S S * " “ ' “ * ™ » “ » a ' i s s a a s = s « Part 609 is amended as follows: / ,r WKSKTS: i s ^ i r a s s s r i ! ,O I 1 0 Sa rew ere a procedure Is cauceled, th e existing procedure Is revoked; ngw procedures a re to he p la c e d l a a p p ro p ria te alp h a b etica l sequence w ith in th e sectio n am ended. 8 Pr0C 1. The low frequency range procedures prescribed in § 609.6 are amended to read in part: L FR S tandard I nstrument A pproach P rocedure « C Ä - Ä M Ä S Ä S S E City and State; airport name, elevation; facility: class and identification; procedure No.; effective date Initial approach to facility from— Course and dis­ tance Minimum altitude (ft.) Procedure turn (— ) side of final a pproach course (outbound and inbound); altitudes; limiting dis­ tances Minimum altitude over facility on final approach course (ft.) Course and distance, facility to airport Ceiling ai Condition id visibility Type 75 m. p. h. or less minimums aircraft More than 75 m. p. h. If visual contact not established at author­ ized landing' minimums after passing facility within distance specified, or if landing not accomplished 1 2 3 4 5 6 * 7 8 9 10 11 GREENVILLE, S. 0. Greenville, 1,049'. SBMRLZ-GRL. Procedure No. 1 Amendment No. 7. Effective December 24,1954. Supersedes amendment No. 6 dated December 5,1951. Major changes: raises DC-3 ending minima; lowers procedure turn altitude, and altitude over range (final). Revises missed approach procedure. Low­ ers straight-in ceilings for 75 and 4-engine aircraft. Reedv Intersection 002— 8.0 2,300 W side S course: 182° outbound. 002° inbound. 2,100' within 10 miles. 1,600 002-1.7 2 T-dn C-d C-n S-36 d n engines or le 300-1 500-1 500-1)3 400-1 400-1)3 ss 300-1 500-1 500-1)3 400-1 400-1)3 Climb to 3,200' on N course LFR within 10 miles turn right and return to LFR. C aution : 1,340' mean sea level tower 4.5 miles W LFR. Beacon Intersection_____ 272—11.0 2,300 M o: T-dn C-dn ' S-36 dn e than 2 eng nes 300-1 500-1)3 400-1)3 A-dn All aircraft 80( y - 2 HUTCHINSON, KANS. Hutchinson, 1,542'. SBMRLZ-VDT-HUT. Procedure No. 1. Effective date: December 24, 1954. Amendment No. 9. Supersedes No. 8. Dated July 9,1954. Major changes: Missed ap­ proach altitude lowered to 3,000' to provide cardinal 1 altitudes for holding. Hutchinson VOR.......... 062— 4.0 2,800 W side S course: 170° outbound. 350° inbound. 2,800'within 10 miles. Procedure turn beyond 10 miles not authorized ac­ count ATO and non­ standard to avoid IOT VOR traffic. 2,300 380— 5.1 2 T-dn C-dn S-dn 35 A-dn 1 -------------- engmes or less Within 3.1 miles, climb to 3,000' on N course within 25 miles, or alternate missed approach when directed by ATO turn left and climb to 3,000' on W course HUT- LFR within 25 miles. C aution : 2,340' TV tower located 4.6 miles ESE of airport. Aircraft taking off to N, S, NE, or SE, climb to 2,800' prior to proceeding toward TV tower. *500-1 required when necessary to circle the airporton the W side to effect a landing. North Fork Radiobeacon or marker (final). 350— 13.0 2,300 300-1 *400-1 400-1 800-2 300-1 500-1 400-1 800-2 Mor T-dn C-dn S-dn 35 A-dn e than 3 engi nes m - H 500-1)3 400-1 800-2 •o Tuesday, November 16, 1954 FEDERAL REGISTER
  • 8. LFR S t a n d a r d I n s t r u m e n t A p p r o a c h P r o c e d u r e — Continued - Procedure turn (— ) side of final a pproach course (outbound and inbound); Minimum altitude over facility on final approach course (ft.) Ceiling and visibility minimums If visual contact not established at author­ ized landing minimums after passing facility within distance specified, or if City and State; airport name, elevation; facility: class and identification; procedure No.; effective date Initial approach to facility from— Course and dis- Minimum altitude Course and distance, facility to airport Type aircraft tance (ft.) altitudes; limiting dis­ tances Condition 75 m. p. h. or less More than 75 m. p. b. landing not accomplished 1 2 3 4 5 6 7 8 9 10 11 SOUTH BEND, IND. St. Joseph County, 778'. SBMRAZ-VDT-SBN. New Carlisle FM (final)_ _ 096— 10 1,500 N side W course: 276° outbound. 096° inbound. 1,500 075-3.3 2 T-dn engines or le 300-1 3S 300-1 Within 3.3 miles, climb to 2,000' on E course SBN-LFR, or if directed by ATC. make left climbing turn, climb to 2,000' on N course SBN-LFR. 211—7 2,000 C-dn 500-1 500-1 Procedure No. 1. Effective date: December 24, 1954. 2,000' within 10 miles. S-dn 9 or 6 A-dn 500-1 800-2 500-1 800-2 Amendment No. 5. Supersedes No. 4. Dated October 28, 1953. Major changes: None— MEA all directions deleted. Dis­ tance corrected from VOR and Item 5 revised to 10 miles. Moi-e than 2 eng nes 2004$ 500-i)i S-dn *00-1 A-dn 800-2 2. The very high frequency omnirange procedures prescribed in § 609.9 (a) are amended to read in part: V O R S t a n d a r d I n s t r u m e n t A p p r o a c h P r o c e d u r e Bearings, headings, and courses are magnetic. Distances are in statute miles unless otherwise indicated. Elevations and altitudes axe in feet, MSL. _ Ceilings are in feet above a i ^ o r ^ different nroeedur If a VOR instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unles:^ i an approach ^conductedUn a c M ^ authorized by the Administrator for Civil Aeronautics for such airport. Initial approaches shall be made over specified routes. Minimum altitude (s) shall correspond with those established for en rou e p P or as set forth below. City and State; airport name, elevation; facility; class and identification; procedure No.; effective date Initial approach to facility from— Course and distance Minimum altitude (ft.) Procedure turn (— ) side of final approach course (outbound and inbound)'; altitudes; limiting dis­ tances A Minimum altitude over facility on final approach course (ft.) Course and distance, facility to airport Ceiling an Condition d visibility n Type a 75 m. p. h. or less ainimums xrcraft More than 75 m. p. h. If visual contact not established at author­ ized landing minimums after passing fa­ cility within distance specified, or if land­ ing not accomplished 1 2 3 4 5 6 7 8 9 10 11 SOUTH BEND, IND. St. Joseph County, 778'. BVOR-VDT-SBN. Procedure No. 1. Effective date, December 24, 1964. Amendment No. 3. Supersedes No. 2. Dated October 28,1953. Major changes: Item 5 alti­ tude raised to 2,100' due to 1,100' mean sea level tower 4 miles W of Buchanan, Mich. Minor revision: Courses and distances. Goshen LFJR...................... 305— 29.0 2,200 W side of course: 360° outbound. 180° ihbound. 2,100' within 10 miles. 1,400 180— 4.0 2 T-dn C-dn A-dn engines or le 300-1 500-4 800-2 ss 300-1 500-1 800-2 Within 4 miles, make right climbing turn, climb to 1,900' and return to SBN-VOR or when directed by ATO, climb to 2,000' on course of 180° from SBN-VOR within 25 miles of SBN-VOR. South Bend LFR -.______ 031— 7.0 2,000 Union Intersection_______ 266—25.0 2,000 M o: T-dn C-dn A-dn e than 2 eng nes 200-’ 4 500-1)4 800-2 North Liberty intersection.. 012—17.0 2,000 Intersection W course SBN L FR and 253° radial SBN-VOR. 073—14.0 1,900 Intersection N course SBN L F R and 350° radial SBN-VOR. 170-14.0 1,900 7372 RULES AND REGULATIONS
  • 9. 3. The instrument landing system procedures prescribed in § 609.H are amended to read in part: Bearings, headings, and courses are magnetic. I L S S t a n d a r d I n s t r u m e n t A p p r o a c h P r o c e d u r e Distances are in statute miles unless otherwise indicated. . * p ? S 0A Ctl 18 c0° du?ted at. thf ^el0^ n Iamfd airport, it shall be in accordance with the followingtastr^^ uifiess^fipproi^ a different procedure authori«>d K w : Admlnistrator for Civd Aeronautics for such airport. Initial approaches shall be made over specified routes. Minimum altitudes (s) shall correspond with tfiwe' S l K i w h n ^ X ^ ü œ in t o S f c u K r e a or « set forth City and State; airport name, elevation; facility: class and identification; procedure No.; effective date Transition to ILS From— GREENVILLE, S. O. Greenville, 1,049'. ILS—IGRL. LOM-QR. ILS and ADF com­ bination. Procedure No. 1. Amendment No. 1 , December 24,1954. Major changes: In­ crease procedure turn altitude. Lower altitude over LOM (final). Raise DC-3 c irc lin g minima. Missed approach E rocedure revised. ower night ILS visibility. Supersedes Amend­ ment original dated April 24, 1953. PHILADELPHIA, PA. International, llr. ILS-PHL. LOM-PH. Combination IL S- ADF. Procedure No. 1. Effective date: No­ vember 26,1954. Amendment No. 6. Supersedes Amend­ ment No. 5 dated November 26, 1954. Major changes: Adds iL s minimums ap­ plicable with glide slope inoperative. Greenville L FR . Boothwyn FM (final). To— LOM.. Philadelphia LFR. LOM. LOM. Course and dis­ tance 180—2.5 085-7 Mini­ mum al­ titudes (ft.) 2,300 251—2.8 1,500 (ILS) 900 (ADF) 1,600 Procedure turn (— ) side of final approach course (outbound and inbound); alti­ tudes; limiting distances W side S course: 181° outbound. 001° inbound. 2,100' within 10 miles. S side W course: 265° outbound, 085° inbound. 1,500' within 10 miles of LOM. Minimum alti­ tude at glide slope intercep­ tion inbound (ft.) Altitude of glide slope and distance to ap< proach end of runway at— Outer marker ILS 1,600 over LOM ADF 1,600 over LOM No glide slope 4.2 Middle marker ILS 1,500 ADF 900 over LOM 1,500-5.3 0.7 230-0.7 Ceiling and visibility minimums Condition 10 Type aircraft 75m.p.h. or less More than 75 m. p. h. 12 T-dn C-d C-n 2 engines or less S-36 ILS dn ADF d 300-1 500-1 500-1)4 400-54 400-1 400-1)4 300-1 600-1 500-1)4 400-54 400-1 400-1)4 T-dn C-dn 200-)4 500-1)4 S-36 ILS dn 400-54 ADF dn 400-1)4 A-dn ILS All aircraf 600-2 ADF 800-2 2 engines or less T-dn C-dn *ILS 300-1 400-1 300-1 500-1 ADF 500-1 500-1 S-dn 9 •ILS 200-)4 20044 ADF 500-1 500-1 A-dn ILS 600-2 600-2 ADF 800-2 800-2 More than 2 engines T-dn C-dn S-dn 9 •ILS ADF A-dn ILS ADF 200-)4 500-1% 200-)4 500-1 600-2 800-2 If visual contact not established upon descent to authorized land­ ing minimums or if landing not accomplished 13 Climb to 3,200' on N course Lezr, within 10 miles turn right and return to LOM, 4.2 miles after passing LOM (ADF) climb to 3,200' on course of 001° within 10 miles turn right and return to LOM. Within 5.3 miles after passing LOM (ADF) dimh to 2,500' on NE course of Philadelphia LFR to Mt. Holly Intersection. Alter­ nate missed approach procedure (when requested by ATO) make a right climbing turn, proceed to Elmer Intersection at 1,500'. *500-1 required with glide slope inoperative. Tuesday, November 16, 1954 FÉDÉRAL REGISTER 7373
  • 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.]