Importation into continental

Page 3

FEDERAL TRADE COMMISSION Rules and Regulations Textile fiber products identifica tion;

miscellaneous amend ments; correction_________ _____ 15313 Notices Disclosure of foreign origin: Radios, etc_________ __________ 15339 Watches, etc__________________15340 FOREST SERVICE Notices Regional foresters; delegation of authority__________

15333 GENERAL SERVICES ADMINISTRATION Rules and Regulations Acquisition of real property; spe cial purpose space_____________ 15325 INTERAGENCY TEXTILE ADMINISTRATIVE COMMITTEE Notices Certain cotton textiles produced or manufactured in Poland; re straint levels___ ___________

15340 INTERIOR DEPARTMENT See Land Management Bureau. INTERSTATE COMMERCE COMMISSION Notices Fourth section applications for re lief ____________________________ 15341 Motor carrier temporary authority applications___________________ 15342 LAND MANAGEMENT BUREAU Rules and Regulations Montana; public land order with drawing lands for national for est administrative site; correc tion ___________________________ 15325 NATIONAL BUREAU OF STANDARDS Rules and Regulations Standard reference materials;

steels and high temperature alloys_________________________ 15324 NAVY DEPARTMENT Rules and Regulations Navigational light waivers; Land ing Ship Medium Rocket____ 15324 SECURITIES AND EXCHANGE COMMISSION Notices Hearings, etc.:

Skagit Valley Telephone Co!__ 15341 VTR, Inc___________ ______ _____ 15341 (Continued on next page) 15311

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15312 CONTENTS SMALL BUSINESS ADMINISTRATION Rules and Regulations Small business size standards; • '-definitions for:

Nonmanufacturer for purpose of Government procurements and subcontracting----------- 15323 Sale of government property— 15323 VETERANS ADMINISTRATION Rules and Regulations Medical; State home facilities for furnishing nursing home care— 15324 List of CFR Parts Affected (Codification Guide) The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date appears at die end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1965, and specifies how they are affected. 5 CFR 213 (2 documents)---------- 15313 511_______________________________ 15313 534___________ __________________ 15313 7 CFR 811_______________________________15313 817_______________________________15316 907______- ________ _______ ^------- 15317 _____________________________ 15318 910 ________ ___________________15319 1483— ___ — _________________15319 P roposed R u l e s :

1070______________________________ 15326 1073 ____________________ 15326 ___________________________ 15326 1097__________ ___________________ 15327 1102 (2 documents)______ 15327,15332 1108 (2 documents)______ 15327,15332 9 CFR 203- ________________ _______15320 13 CFR 121 (2 documents)____ _15323 14 CFR 71 (4 documents)------ 91_____________________ 15321,15322 15322 15 CFR 230___________________ _15324 16 CFR 303______i______________ — 15313 32 CFR 706_________

15324 38 CFR ____

15324 41 CFR 101-18______;_____________________15325 43 CFR P u b lic L and O rders: 3867 (correction)_________________ 15325 46 CFR 14g

15325

Page 5

15313 Rules and Regulations Title 16-COMMERCIAL PRACTICES Chapter I— Federal Trade Commission SUBCHAPTER C— REGULATIONS UNDER SPECIFIC • ACTS OF CONGRESS PART 303— RULES A N D REGULA­ TIONS UNDER THE TEXTILE FIBER PRODUCTS IDENTIFICATION ACT Miscellaneous Amendments; Correction On November 9, 1965, the Commission, issued miscellaneous amendments to the rules and regulations under the Textile Fiber Products Identification Act (72 Stat. 1717, 15 U.S.C. 70). Such amend­ ments were published in the F ederal R egister on Saturday, November 13, 1965.

The reference in paragraph (a )(1 ) of amended § 303.16 (Rule 16) to “parapaph (b) of § 303.6 (Rule 6 )” as appear­ ing on page 14254 of- the Saturday, No­ vember 13, 1965, issue of the F ederal R egister is hereby corrected to read “paragraph (b) of § 303.3 (Rule 3).” The reference in paragraph (a) of amended § 303.42 (Rule 42) to “parapaph (b) of § 303.6 (Rule 6) ” as appear­ ing on page 14254 of the Saturday, No­ vember 13, 1965 issue of the F ederal R egister is hereby corrected to read “paragraph (b) of § 303.3 (Rule3).” (Sec. 7,72 Stat. 1717; 15 U.S.C. 70e) Issued: December 8,1965. By direction of the Commission. [ seal] Jo s e ph W . S h e a, Secretary.

[FJt. Doc. 65-13275; Piled, Dec. 10, 1965; 8:46 a.m.] Title 5— ADMINISTRATIVE PERSONNEL Chapter I— Civil Service Commission PART 213— EXCEPTED SERVICE Department of the Navy Section 213.3108 is amended to show the exception under Schedule A of the position of Personnel Security Specialist J? the Bureau of Naval Personnel. Effec­ tive on publication in the F ederal R eg­ ister subparagraph (9) is added to para- S aph (a) of § 213.3108 as set out below. § 213.3108 Department of the Navy.

(a) General. * * * J ® 3, ° ne Personnel Security Specialist. £ ersonnel Program Support Ac­ tivity, Bureau of Naval Personnel. (R.S. 1753, sec. 2, 22 Stat. 403, as amended; 5 U.S.C. 631, 633; E.O. 10577, 19 F R . 7521, 3 CFR, 1954-1958 Comp., p. 218) U n it e d S tates C iv i l S erv­ ic e C o m m is s io n , [ s e a l] M a r y V. W e n z e l, Executive Assistant to the Commissioners.

[F R . Doc. 65-13278; Filed, Dec. 10, 1965; 8:46 a m .] PART 213— EXCEPTED SERVICE Department of Jhe Interior Section 213.3112 is amended to extend the exception under Schedule A of posi­ tions in The Alaska Railroad in Alaska and of four technical positions in The Alaska Railroad’s Seattle, Wash., Office for an additional year until December 31, 1966. Effective on publication in the F ederal R e g ister, subparagraph (1) of paragraph (h) of § 213.3112 is amended as set out below.

§ 213.3112 Department of the Interior. * * * * * (h) The Alaska Railroad. (1) Until December 31,1966, all positions in Alaska in The Alaska Railroad and four tech­ nical positions in The Alaska Railroad Office in Seattle, Wash. * * * * * (R.S. 1753, sec. 2, 22 Stat. 403, as amended; 5 U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, 3 CFR, 1954-1958 Comp., p. 218) U n it e d S tate s C iv i l S e r v­ ic e C o m m is s io n , [ s e a l] M a r y V. W e n z e l, Executive Assistant to the Commissioners.

]F.R. Doc. 65-13279; Filed. Dec. 10, 1965; 8:46 am .] PART 511 — POSITION CLASSIFICA­ TION UNDER THE CLASSIFICATION ACT SYSTEM PART 534— PAY UNDER OTHER SYSTEMS Sociological Interns Section 511.201(b) is amended to show the exclusion from Part 511 and the Classification Act of 1949, as amended, of certain sociological interns, Depart­ ment of Health, Education, and Welfare. Section 534.202(b) is amended to show the exclusion from the Federal Em­ ployees Pay Act and the Classification Act, and the maximum stipends pre­ scribed for, these sociological interns. Sections 511.201(b) and 534.202(b) are amended as follows:

1.

Effective on publication in the F ed­ eral R e g ister, the following item is added to paragraph (b> of § 511.201 as set out below.

§ 511.201 Coverage of and exclusions from the Classification Act. .

* * * *■ * (b) Exclusions. * * * Sociological interns, Department of Health, Education, and W elfare, approved training after a minimum of 3 years college level training.

(Sec. 2, 61 Stat. 727 and sec. 1101, 63 Stat. 971; 5 U.S.C. 1052, 1072) 2.

Effective on publication in the F ed­ er al R e g ister, the following item is added to paragraph (b) of § 534.202 as set out below.

§ 534.202 Maximum stipends.

* * * * * (b) * * * Sociological interns, Department o f Health, Education, and W elfare: Approved training after a m inimum of 3 years college level training, L-4.

* * * * * (Secs. 1, 2, 3, 61 Stat. 727; 5 U.S.C. 902, 1051, 1052) U n it e d S ta t e s C iv i l S e r v­ ic e C o m m is s io n , [ s e a l] M a r y V. W e n z e l, Executive Assistant to the Commissioners.

[F R . Doc. 05-13280; Filed, Dec. 10, 1965; 8:46 a.m.] Title 7— AGRICULTURE Chapter VIII— Agricultural Stabiliza­ tion and Conservation Service (Sugar), Department of Agriculture SUBCHAPTER B— SUGAR REQUIREMENTS AND QUOTAS PART 811— CONTINENTAL SUGAR REQUIREMENTS AND AREA QUOTAS Requirements and Quotas for 1966 Basis and purpose and bases and con­ siderations. This regulation is issued pursuant to the authority vested in the Secretary of Agriculture by the Sugar Act of 1948, as amended (61 Stat. 922, as amended and as further amended by Public Law 89-331 approved November 8, 1965), hereinafter referred to as the “Act”, and the memorandum from the President of the United States to the Secretary of Agriculture dated November 20, 1965, hereinafter set forth. The purpose of Sugar Regulation 811 is to determine pursuant to section 201 of the Act the amount of sugar needed to meet the requirements of consumers in the continental United States for the calen­ dar year 1966, and to establish sugar quotas for the supplying areas in terms of short tons of sugar, raw value, equal to the amount determined by the Secre­ tary of Agriculture to be needed in 1966. FEDERAL REGISTER, VOL. 30, NO. 239— SATURDAY, DECEMBER 11, 1965

Page 6

15314 RULES AND REGULATIONS Further, this regulation establishes quan­ tities of certain quotas that may be filled by direct-consumption sugar and estab­ lishes a liquid sugar quota. In accordance with the rule making requirements of the Administrative Pro­ cedure Act (60 Stat. 237) there was pub­ lished in the F ederal R eg ister (30 F.R. 14440) a notice of proposed rule making for the issuance of a regulation deter­ mining sugar requirements for the con­ tinental United States and establishing quotas for the calendar year 1966.

Written data, views, or arguments for consideration in connection with the pro­ posed regulation were to be submitted by interested persons prior to November 30, 1965.

All data, views, and comments received relative to the proposed regula­ tion were thoroughly considered. This determination differs from the proposed determination in one major respect; the quota of Southern Rhodesia of 6,094 short tons, raw value has been withheld pursuant to section 202(d) (1) (B) of the Act upon the following finding of the President of the United States: T he W h ite House, W ash ington N ovember 20,1965.

Memorandum for the Secretary of A gri­ culture.

Subject:

Finding Pursuant to Section 202(d) (1) (B ) of the Sugar Act of 1948, as Amended by the Sugar A ct Amend­ ments of 1965.

In view of the unilateral declaration of independence by Southern Rhodesia and the tensions that have arisen as a result of that declaration, I find that it would be contrary to the national interest of the United States to continue the sugar quota for Southern Rhodesia for 1965 or to establish a sugar quota for Southern Rhodesia* for 1966. You are directed to take the necessary steps to see that no sugar originating in Southern Rhodesia is imported to the United States^ from the date of this finding. L yndon B. Jo h n so n.

The quota withheld from Southern Rhodesia has been prorated to Western Hemisphere countries pursuant to sec­ tion 202(d) (1) (B) of the Act. Section 201 of the Act directs the Secretary to determine for each calendar year the amount of sugar needed to meet the requirements of consumers in the continental United States and to revise such determination during the calendar year whenever he deems it necessary. The section sets forth criteria to guide the Secretary in his determination and states that such determination shall be made so as to protect the welfare of consumers and of those engaged in the domestic sugar industry by providing such supply of sugar as will be consumed at prices which will not be excessive to consumers and which will fairly and equitably maintain and protect the welfare of the domestic sugar industry. During the 12-month period ended September 30,1965, distribution of sugar for consumption in the continental United States totaled 9,980,000 short tons, raw value. While deliveries during the first 11 months of this period prob­ ably represented sugar consumption dur­ ing that period, the high rate of deliver­ ies in September (1,007,000 tons) resulted in some overall increase in users stocks during the 12-month period. Based on this distribution, the quantity of sugar to be consumed in calendar year 1966 is expected to be about 10,100,000 short tons, raw value, when allowance is made for increased con­ sumption due to the normal increase in population and for refining losses. Refiners’ inventories of quota sugar at the beginning of 1966 are expected to be below the level of a year earlier but about at the average of the last 10 years. It is not possible now to estimate the level of such inventories at the end of 1966.

The domestic price of raw sugar was quite stable during the first 10 months of 1965 and averaged 6.74 cents per pound, within one percent of the price referred to in section 201 of the Act. In recognition of possible inventory variations during 1966 of quota sugar in the hands of refiners and users and to encourage the maintenance of sugar prices in line with the objectives of the Act at a level which will protect the do­ mestic sugar industry, quotas established by this regulation total 9.8 million tons or about 300,000 tons below anticipated consumption. During the course of the year, it will be necessary to increase the requirements determination for the pur­ pose of raising the quota for Hawaii pursuant to section 202(a) (2) (B) of the Act.

This cannot be done until final production from the 1965 Hawaiian crop becomes known.

In view of the wide differential be­ tween the price of domestic raw sugar and the world price of raw sugar, there would be a strong tendency for an ex­ cessive quantity of foreign sugar to be shipped to this country early in 1966. This would preclude meeting the price objectives of the Act.

Accordingly, in order to achieve the objectives of the Act, it is necessary that provision be made for quantitative limitations on the total importation of raw sugar from foreign countries for the first quarter and the first half of the year.

The limitation for the first half of the year is established at 1,7001)00 tons of which 700,000 tons may be imported dim­ ing the first quarter. During the last 3 years, importations of foreign sugar dur­ ing the first half of the year have av­ eraged about 1,700,000 tons with about 650,000 tons being imported during the first quarter.

To give recognition to the seasonality of production and movement of sugar from the foreign countries, allocations during the first quarter and first half of 1966 will primarily be based on their average imports during those periods during 1963, 1964, and 1965. Effective date. The Act provides that the Secretary of Agriculture shall, dur­ ing the last 3 months of 1965, determine sugar requirements and establish sugar quotas for the continental United States for the calendar year 1966. The regula­ tions determining 1966 sugar require­ ments and quotas apply not only to sugar imported or marketed beginning Janu­ ary 1, 1966, but also to any sugar im­ ported prior thereto for refining, stor­ age, and subsequent release within 1966 quotas as may be provided for by regu­ lation. Accordingly, it is hereby found to be impracticable and not in the pub­ lic interest to comply with the 30-day effective da.te requirements of the Ad­ ministrative Procedure Act. The aspects of § 811.43 relating to the submission and approval or acceptance of applica­ tions shall be effective when filed with the F ederal R eg ister arid all other pro­ visions of this regulation shall become effective January 1,1966. Sec.

811.40 Sugar requirements, 1966. 811.41 Quotas for domestic areas. 811.42 [Reserved] 811.43 Quotas for foreign countries. 811.44 Applicability o f quotas. 811.45 Restrictions on importations and marketings within quotas. A u t h o r it y: §§ 811.40 to 811.45 issued un­ der sec. 403, 61 Stat. 932, T U.S.C. 1153. In­ terprets or applies secs. 201, 202, 207, 208, 209, 210; 61 Stat. 923, as amended, 924, as amend­ ed, 925, as amended, 927, as amended, and 928, as amended; 7 U.S.O. 1111, 1112, 1117, 1118 and 1119.

§ 811.40 Sugar requirements, 1966. The amount of sugar needed to meet the requirements of consumers in the continental United States for the calen­ dar year 1966 is hereby determined to be 9,800,060 short tons, raw value. § 811.41 Quotas for domestic areas. (a) For the calendar year 1966 do­ mestic area quotas limiting the quanti­ ties of sugar which may be brought into or marketed for consumption in the con­ tinental United States are established, pursuant to section 202(a) of the Act, in column (1) and the amounts of such quotas for offshore areas that may be filled by direct-consumption sugar are established, pursuant to section 207 of the Act, in column (2) as follows: Area Quotas Direct-con- (1) sumption limits (2) Domestic beet sugar.

Mainland cane sugar.

Hawaii_______ _____ Puerto Rico________ Virgin Islands______ (Short tons, 3.025.000 1.100.000 1,110,000 1,140,000 15,000 raw value) No limit No limit 33, 516' 147,000 0 (b) Of the quantity established in paragraph (a) of this section for Puerto Rico which may be filled by direct-con­ sumption sugar, 126,033 short tons, raw value, may be filled only by sugar prin­ cipally of crystalline structure. § 811.42 [Reserved] § 8,11.43 Quotas for foreign countries. (a) The quotas or prorations for for­ eign countries limiting the quantities of sugar which may be imported into the continental United States during the cal­ endar year 1966 for consumption therein and the amounts of such quotas and pro­ rations that may be filled by direct-con­ sumption sugar are hereby established as set forth in the following paragraphs (b), (c) , (d>, and (e) of this section. FEDERAL REGISTER, VOL. 30, NO! 239— SATURDAY, DECEMBER 11, 1965

Page 7

RULES AND REGULATIONS 15315 -(b) For the calendar year 1966 the quota for the Republic of the Philippines is 1,060,860 short tons, raw value, and the quantity of such quota that may be filled by direct-consumption sugar is 59,920 short tons, raw value. (c) For the calendar year 1966, the prorations or allocations to individual foreign countries other than the Repub­ lic of the Philippines pursuant to section 202(c) and section 202(d) of the Act are as follows provided the Secretary receives prior to December 31, 1965, the assur­ ances required by sections 202(c) (4) and 202(d) (6) of the Act from the foreign countries named herein : (i) Temporary quotas pursu­ ant to— Ss s N ÇI § <N g Ô m OQ (2) (3) Eh (4) (Short tons, raw value) Mexico___ 181,175 181,175 1,163 Dominican Bepublic_____ 177,191 177,190 1,137 Brazil_________ 177,191 177,190 1,137 Peru..... .........

141,331 141,331 British West Indies_______ 70,783 70,783 Ecuador...........

25,782 25,782 French West Indies______ _ 22,266 22,266 Argentina______ 21,797 21,797 Costa Bica_____ 20,860 20,860 Nicaragua_____ 20,860 20,860 Colombia______ 18,750 18,750 Guatemala .

17,578 17,578 Panama______ .

13,125 13,125 El Salvador__ 12,891 12,891 Haiti____ _____ 9,844 9,844 Venezuela..

8,906 8,906 British Honduras 5,156 5,156 Bolivia.

2,109 2,109 Honduras Australia______ 2; 109 84,377 % 109 84,377 Bepublic of China______ 35,157 33,751 24,844 18,516 7.734 7.734 35,157 33,751 24,844 18,516 7.734 7.734 India....... .....

South Africa Fiji Islands Thailand___ Mauritius Malagasy Bepublic 3,984 3,047 5,351 3,985 3,047 Swaziland.. ..

Ireland_______ Total............

1,174,199 1,168,847 >6,094 365.518 355.518 283,569 142,020 51,729 44,675 43,734 41.854 41.854 37,620 35,269 26,334 25,864 19,751 17,869- 10,345 4.232 4.232 168,754 70,314 67,502 49,688 37,032 15.468 15.468 7,969 6,094 5,351 2,349,140 the Quota for Southern Bhodesia withneid m accordance with a Presidential Finding of Nov. & sec. 2°2(d) (^ (B) of the Act. From frvr?J 1811(1 2,eacb» there have been excluded 3,047 short SiluS> representing the total quota to which ooutnem Bhodesia would otherwise be entitled. (d) (l) o f the total quotas and pro­ rations for foreign countries established m Paragraphs (b) and (c) of this section, only 1,700,000 short tons, raw value of raw sugar may be authorized for impor­ tation from all foreign countries in ac­ cordance with Part 817 of this chapter during the first 6 months of 1966, and of qan^A’7^0,000 short tons> raw value, <uo,000 short tons, raw value, may be auinonzed for importation during the first quarter of the year.

■fÜ- ^BPortation of raw sugar within the above specified quarterly lim­ itations will be authorized on the basis oi applications for “Set-Aside of Quota” on Form SU-8A or “Sugar Quota Clear­ ance” on Form SU-3 in accordance with the provisions of Part 817 of this chapter except as provided in subparagraph (3) of this paragraph for first quarter im­ portations and in subparagraph (4) of this paragraph for second quarter im­ portations. Applications to import raw sugar from the Republic of the Philip­ pines must, before final approval of any priority granted pursuant to subpara­ graphs (3) and (4) of this paragraph, be supplemented by certification from the Sugar Quota Administrator of the Government of the Philippines granting the applicant the permission to export sugar to the U.S. market. (3) (i) Applications for the importa­ tion of sugar during the first quarter re­ ceived on or before 10 days after the effective date of this order will be con­ sidered as having been received at the same time.

(ii) First priority shall be given to applications to import sugar from coun­ tries from which sugar was imported during the first quarter of 1963, 1964, and 1965 but not to permit importations of sugar during the first quarter to ex­ ceed the average of the country’s first quarter importations as set forth in subparagraph (5) of this paragraph; (iii) Second priority shall be given to applications to import sugar from coun­ tries in order of size of quota, smallest first, but not to exceed 20 percent of the country’s annual-quota.

(iv) Any quantity not prorated under subdivisions (ii) and (iii) of this subparagraph shall be prorated among ap­ plications for priority under subdivision (ii) that were not approved in the full amount applied for, and such proration shall be made on the basis of the amounts of such applications approved for priority.

(4) (i) Applications for the importa­ tion of sugar during the second quarter received 6n or before January 15, 1966, will be considered as having been re­ ceived at the same time. (ii) First priority shall be given to applications to import sugar from coun­ tries from which sugar was imported during the first half of 1963, 1964, and 1965, but not to permit importation of sugar during the first half to exceed the average of such country’s importa­ tions as set forth in subparagraph (5) of this paragraph ; Provided, That if the quantity of sugar which may be im­ ported during the second quarter is less than the quantity needed to approve such applications, the quantity of sugar which may be imported during the sec­ ond quarter shall be prorated on the basis of importations from countries as set forth in subparagraph (5) of tiffs paragraph.

(iii) Second priority shall be given to applications to import sugar from coun­ tries in the order of the size of quota, smallest first, but not to permit the im­ portation of sugar during the first half of 1966 in excess of 50 percent of the country’s annual quota.

(iv) Any quantity not prorated under subdivision (ii) and (iii) of this subpara­ graph shall be prorated among applica­ tions for priority under subdivision (ii) of this subparagraph that were not ap­ proved in the full amount applied for, and such proration shall be made on the basis of the amounts of such applications approved for priority.

(5) Average importations into the con­ tinental United States within quota, dur­ ing the first quarter and first half of the years 1963, 1964, and 1965: Country First quarter First half (Short 1 va 179,256 116,479 81,525 ons, raw ue) 484,864 301,760 250,869 ' 101,073 104,190 69,728 9,935 38,780 28,550 23,315 23,329 11,377 34,648 9,917 12,437 18,842 1,949 1,739 Dominican Bepublic....... ........... 73; 276 61,068 14,643 8,023 5,667 7,805 3,455 8,241 Ecuador____ __________________ 13,029 4,328 3,965 8,572 12,994 6,939 7,833 32,376 12,994 60,211 55,008 32,3760 2,088 2,088 651,562 1,689,979 (e) For the calendar year 1966, the quantity of each proration established in paragraph (c) of this section that may be filled by direct-consumption sugar pursuant to section 207(e) of the Act is as follows:

Short tons, Country raw value Ireland __________________ ______________5, 351 P a n a m a _____________ ___________________3, 817 (f) For the calendar year 1966 the quota for liquid sugar for foreign coun­ tries as a group is 2,000,000 gallons of sirup of cane juice of the type of Bar­ bados molasses, limited to liquid sugar containing soluble nonsugar solids (ex­ cluding any foreign substance that may have been added or developed in the product) of more than 5 percent of the total soluble solids, which is not to.be used as a component of any direct-con­ sumption sugar but is to be used as molasses without substantial modifica­ tion of its characteristics after importa­ tion.

§ 811.44 Applicability of quotas. (a) All sugar and liquid sugar mar­ keted or imported into the continental United States is subject to the provisions of Part 816 or Part 817 of this chapter which prescribe the time, manner and conditions under which quotas and pro­ rations are filled by the marketing and importation of sugar or liquid sugar. (b) The quantitative limitations es­ tablished by §§811.41 and 811.43, in­ clusive, do not apply to sugar or liquid sugar marketed or imported pursuant FEDERAL REGISTER, VOL, 30, NO. 239— SATURDAY, DECEMBER 11, 1965

Page 8

15316 RULES AND REGULATIONS to sections 211 and 212 of the Act in accordance with the provisions of Part 816 or Part 817 of this chapter. § 811.45 Restrictions on importations and marketings within quotas. Subject to the provisions of Part 816 and Part 817 of this chapter all persons are prohibited from bringing or import­ ing into or marketing in the continental United States any sugar or liquid sugar in excess of or after the applicable quota oi* quantity set forth in §§ 811.41 to 811.43, inclusive, has been filled or any sugar or liquid sugar as direct-consump­ tion sugar after the direct-consumption portion of the applicable quota has been filled.

Issued at Washington, D.C., this 8th day of December 1965.

J o h n A. S c h n it t k e r , Acting Secretary.

{F.R. Doc. 65-13276; Filed, Dec. 9, 1965; 8:50 a m .] [Sugar Reg. 817, Amdt. 3] PART 817— REQUIREMENTS RELAT­ ING TO BRINGING OR IMPORTING SUGAR OR LIQUID SUGAR INTO CONTINENTAL UNITED STATES Miscellaneous Amendments Basis and purpose and bases and con­ siderations. This amendment is issued pursuant to the authority vested in the Secretary of Agriculture by the Sugar Act of 1948, as amended (61 Stat. 922, as amended), and the memorandum from the President of the United States to the Secretary of Agriculture dated No­ vember 20, 1965 hereinafter set forth. The purposes of this amendment are (1) to make effective the finding of the Pres­ ident of the United States of November 20, 1965, that no sugar originating in Southern Rhodesia be imported into the United States from the date of such find­ ing; and (2) to provide for a revised Set- Aside Application and Agreement appli­ cable to sugar importations after 1965. The regulation pertaining to sugar quota set-aside agreements also has been re­ vised by this amendment to include no­ tice that a set-aside agreement does not reserve a quota in the event the Presi­ dent acts under section 202(d) (1) (B) of the Act to withhold or suspend such quota. The President’s directive of No­ vember 20, 1965, was as follows: T h e W h ite H ouse W ash ing to n N ovember 20, 1965.

Memorandum fo r the Secretary o f Agricul­ ture.

Subject: Finding Pursuant to Section 202(d) (1 ) (B ) o f the Sugar A ct o f 1948, as Amended by the Sugar A ct Amendments o f 1965.

In view o f the unilateral declaration o f independence by Southern Rhodesia and the tensions that have arisen as a result o f that declaration, I find that it would be contrary to the national interest o f the United States to continue th e sugar quota fo r Southern Rhodesia for 1965 or to establish a sugar quota for Southern Rhodesia for 1966. You are directed to take the necessary steps to see th at no sugar originating in Southern Rho­ desia is imported to the United States from the date of this finding. L ynd o n B. Jo h n s o n. Effective date. In view of the direc­ tions of the President to the Secretary of Agriculture, the 30-day notice and pub­ lic procedure provisions of the Adminis­ trative Procedure Act will be contrary to the public interest and this amendment with respect to § 817.8(a) shall become effective on November 20, 1965. To af­ ford all interested persons the opportu­ nity of making commitments to supply this market with sugar and to make ar­ rangements for the orderly shipping of such sugar to serve the needs of this mar­ ket during the first 6 months of 1966, it is important that this amendment be made effective at the earliest possible time. Therefore, it is hereby determined and found that compliance with the notice, procedure and effective date require­ ments of the Administrative Procedure Act is unnecessary, impractical and con­ trary to the public interest and with respect to §§ 817.4 and 817.6 this amend­ ment shall become effective when pub­ lished in the F ederal R eg ister. Pursuant to the provisions of section 403 of the Act (61 Stat. 932), Part 817 of this chapter is amended at §§ 817.4(e), 817.6 and 817.8.

1.

Section 817.4 is amended by adding a new subparagraph (5) to § 817.4(e) to read as follows:

§ 817.4 Application by importer.

* * * * * (e) * * * (5) (i) With respect to importations of sugar from foreign countries, beginning with the calendar year 1966, application for set-aside of quota or quota proration for the importation of a specified quan­ tity of raw sugar may be made to the Sugar Quota Group and approved, as provided in this subparagraph (5). Such application for set-aside shall be in the form of a Set-Aside Application and Agreement Form SU-8-A as hereafter set forth. The submission of a Set-Aside Application does not relieve the appli­ cant of the necessity of submitting an ap­ plication for authorization for release of sugar as required under paragraph (a) of this section. Any application for setaside of quota or quota proration sub­ mitted pursuant to this subparagraph (5) covering a quantity of sugar to be im­ ported within a quota or quota proration established in Part 811 of this chapter for a specified foreign country, or a quantity of sugar to be imported within a quota deficit quantity established for alloca­ tion or allocated in Part 811 of this chap­ ter may be approved by the Secretary, ex­ cept as limited by any time periods spe­ cified in Part 811 of this chapter, not more than 75 days prior to the first day of the 3 month importation period stated in the Set-Aside Application and Agree­ ment. During the period from the date of approval of a Set-Aside Application and Agreement through the 15th day after the end of the importation period stated therein, both dates inclusive, and subject to the terms and conditions of such Application and Agreement, the quota or quota proration designated in the application shall be set aside to the extent of thè quantity of sugar approved for set-aside under such Application and Agreement.

A sugar quota set-aside agreement would not be effective to re­ serve a quota in the event that the Presi­ dent acting under section 202(d) (1)(B) of the Act withholds or suspends the quota applicable to the sugar covered by the set-aside agreement, since the agree­ ment is necessarily based on there being a quota in effect at the time of importa­ tion.

(ii) Set-Aside Applications and Agree­ ments submitted pursuant to this subparagraph (5) shall be submitted in triplicate on Form SU-8-A to provide the following information and certification: Form SU-8-A Budget Bureau (Deo. 6,1965) No. 40-R-3282.2 Approval Expires 3-31-68 Sugar Quota Set-Aside A pplication and A greement I , -------- --------------------- --------------—— oi (Nam e o f applicant) (Street address) (C ity) (State) hereby certify that as owner, or as agent or broker for the owner, I have under my sole control ____!_____ short tons (commercial weight) of sugar in -------------------------- - and (Name o f country) I hereby make application under the pro­ visions o f 5 817.4(e)(5) o f Sugar Regula­ tion 817 for the set-aside of that quantity of the quota or quota proration for such coun­ try established in Sugar Regulation 811. I agree that in consideration of the ap­ proval o f this application I w ill import the sugar into the continental United States dur­ ing the 3 m onth im portation period specified in this agreement in accordance with the provisions of this agreement and applicable provisions of Sugar Regulation 817 and 811, regardless of whether sugar quotas are sus­ pended on or before such date of importation. I t is hereby agreed by and between the United States of America and the under­ signed that the failure to im port the quan­ tity o f sugar approved fear set-aside of quota or quota proration pursuant to this applica­ tion w ill substantially damage the program established under the Sugar Act of 1948, as amended, for providing supplies of sugar to be consumed at prices that w ill not be ex­ cessive to consumers in the United States; that the amount o f such damages is very dif­ ficult to accurately estimate; th at the under­ signed w ill pay liquidated damages to the United States of 0.50 cent per pound for each pound o f sugar approved for set-aside of quota or quota proration under this appli­ cation which is not imported into the conti­ nental United States on or before the 15th day after the end o f the importation period stated in this application, except that no liquidated damages shall be paid (1) for a quantity o f sugar not Imported which is w ithin an allowance for normal shipping losses and normal loading variations equal to the smaller o f eleven per centum of the quantity imported (com mercial weight) or five thousand tons, and (2) for sugar not imported with respect to which the applicant, w ithin a period o f tim e prescribed by the Administrator, Agricultural Stabilization and Conservation Service, U S . Department o Agriculture, furnishes evidence satisfactory to the Administrator that importation with­ in the period ending 15 days after the end o f the im portation period stated in this application was prevented by disasters atsea, acts o f God, strikes so extensive and of FEDERAL REGISTER, VOL. 30, NO. 239— SATURDAY, DECEMBER 11, 1965

Page 9

RULES AND REGULATIONS 15317 such duration or the occurrence of an in ­ superable and extraordinary interference which could not have been foreseen or pre­ vented by the applicant’s exercise of pru­ dence, diligence, and care as to prevent such importation.

I further certify that I have arranged for and will deposit an irrevocable letter of credit within 3 business days after the ap­ proval date of this application and agree­ ment expiring no earlier than 60 days after the end of the importation period stated in this agreement, issued b y -------------------------- (Name and address o f bank) in an amount not less than an amount deter­ mined by multiplying the total number of tons stated in this application by 2,000 and multiplying the product thereof by 0.5 cent. It is further agreed that such letter of credit shall authorize the Agricultural Stabiliza­ tion and Conservation Service, U.S. Depart­ ment of Agriculture, to draw upon the letter of credit on the basis of a written statement signed by the Administrator, * Agricultural Stabilization and Conservation Service, or his authorized representative, which sets forth that a specified amount is due as liquidated damages under the terms and conditions of this Application and Agree­ ment. It is further agreed that, if such le t ­ ter of credit as described above is not re­ ceived by the Agricultural Stabilization and Conservation Service or a wire notice from a United States bank o f the issuance of such letter of credit has not been received by the Agricultural Stabilization and Conservation Service within 3 business days after the ap­ proval date of this Application and Agree­ ment as furnished to the applicant by a telegraphic notice from the Sugar Quota Group, any approval of this Application and Agreement will be cancelled and this Appli­ cation and Agreement shall be null and void. In the event the fu ll quantity applied for cannot be approved, I w ill accept a smaller quantity of not less th a n ______ short tons, commercial weight.

Importation period: The sugar covered by this agreement w ill be imported during the 3-month period b egin n in g__________________ , (D ate) and e n d in g_____________ _________________ (D ate) Solely for the general guidance o f the U.S. Department of Agriculture, I anticipate that the sugar will arrive as follows: Short tons, Month commercial weight Date Signed Title Approved as Set-Aside N o ._____ _ short tons (commercial w eigh t), on B y ------------------for_____ (D ate) (Head, Sugar Quota Group) 2.

Section 817.6 is amended by amend­ ing paragraphs (a) and (b) to read: § 817.6 Specific authorization for release.

°f issue and duration validity. Specific authorizations by 1 secretary for release by a Collector t oe wsued no more than 5 days prior tne stated date of departure of the v " " °r other carrier on which the sug r liquid sugar is to be shipped. 1 authorization shall be valid for the i riod specified thereon, subject to exten­ sion by the Secretary for good cause. In case the port of arrival or the name of the receiver is not known when the appli­ cation becomes eligible pursuant to para­ graph (b) of this section, the authoriza­ tion will not be transmitted to the collector until all the information re­ quired by paragraph (a) of § 817.4 is received in the Sugar Quota Group. (b) Order of eligibility of applications for authorizations for release of sugar and for the set-aside of quantities for future release. The order of eligibility for authorization or approval of appli­ cations provided for in this paragraph (b) is subject to such modifications as are specified in Part 811 of this chapter. An application on “Sugar Quota Clear­ ance Record”, Form SU-3, for authori­ zation to a Collector for the release of sugar which is not being imported under an application for set-aside approved under § 817.4(e) shall become eligible for authorization at 12:01 a.m., on the 5th calendar day prior to the date stated on the application as the date of depar­ ture of the shipment of sugar from the area of origin, or at the time of receipt of the application, whichever time occurs later. An application for set-aside sub­ mitted pursuant to § 817.4(e) shall be­ come eligible for approval at 12:01 a.m. on the first day that such application for set-aside may be approved as pro­ vided in § 817.4(e), or at the time of receipt of the application, whichever time occurs later.

The Secretary shall authorize the release by the Collector of sugar not being imported under an application for set-aside and approve applications for set-aside in the same order as such applications for release or set-aside become eligible for authori­ zation or approval.

If an application for the release of sugar and an appli­ cation for set-aside applicable to the same quota become eligible for authori­ zation and approval at the same time, the application for release of sugar shall have priority.

If two or more applica­ tions for the release of sugar applicable to the same quota become eligible for authorization at the same time, such ap­ plications shall be authorized in the order of the date of departure stated thereon, earliest first.

If two or more such ap­ plications state the same dates of de­ parture and the unfilled balance of the quota or quota proration is less than the total quantity of sugar covered by such applications, the quantity authorized for release under each such application shall be determined by multiplying the quantity covered by each application by the percentage which the unfilled bal­ ance of the quota or quota proration is of the total quantity covered by such applications. If two or more applica­ tions for set-aside become eligible at the same time and the unfilled balance of the quota or quota proration is less than the total quantity of sugar covered by such applications the quantity to be ap­ proved under each such application shall be determined by multiplying the quan­ tity covered by each application by the percentage which the unfilled balance of the quota or quota proration is of the total quantity covered by such appli­ cations.

* * * * * 3.

Section 817.8 is amended by amend­ ing paragraph (a) to read: § 817.8 Authorization fo r purp os es other than to fill current quotas. (a) Upon fulfillment of the require­ ments of §§ 817.3 and 817.4 and the ap­ plicable provisions of this section and § 817.9, the authorization required pur­ suant to § 817.5 may be given to the Collector to release sugar or liquid sugar for importation for the purposes speci­ fied in this section without effect on a quota at the time of importation, except that sugar or liquid sugar may not be imported pursuant to this section from any country with which the United States is not in diplomatic relations or from any country whose quota has been withheld or suspended by the President pursuant to section 282(d) (1) (B) of the Act. Ac­ cordingly, the application required by § 817,4 must show that the sugar covered by such application was produced from sugarbeets or sugarcane grown in the sugar producing country as identified on the application.

* * * * * Note : The reporting and/or record-keeping requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.

(Sec. 403, 61 Stat. 932, 7 U.S.C. 1153, as amended, and as further amended by Public Law 89-331, approved Nov. 8, 1965.) Issued at Washington, D.C., this 8th day of December 1965.

J o h n A. S c h n it t k e r , Acting Secretary.

{F.R. Doc. 65-13277;

Filed, Dec. 9, 1965;

8:50 a.m.] Chapter IX— Consumer and Market­ ing Service (Marketing Agreements and Orders; Fruits, Vegetables, Nuts), Department of Agriculture [Navel Orange Reg. 91] PART 907— NAVEL O R A N G ES GROWN IN ARIZONA AND DES­ IGNATED PART OF CALIFORNIA Limitation of Handling § 907.391 Navel Orange Regulation 91. (a) Findings.

(1) Pursuant to the marketing agreement, as amended, and this part (Order No. 907, as amended), regulating the handling of navel oranges grown in Arizona and designated part of California, effective under the applicable provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7'TJ.S.C. 601-674), and upon the basis of the recommendations and information submitted by the Navel Orange Administrative Committee, es­ tablished under the said amended mar­ keting agreement and order, and upon other available information, it is hereby No. 239----- 2 FEDERAL REGISTER, VOL. 30, NO. 239— SATURDAY, DECEMBER 11, 1965

Page 10

15318 found that the limitation of handling of such navel oranges, as hereinafter provided, will tend to effectuate the de­ clared policy of the act, (2) It is hereby further found that it is impracticable and contrary to the public interest to give preliminary no­ tice, engage in public rule-making pro­ cedure, and postpone the effective date of this section until 30 days after pub­ lication hereof in the F ederal R eg ister <5 U.S.C. 1001-1011) because the time intervening between the date when in­ formation upon which this section is based became available and the time when this section must become effective in order to effectuate the declared policy of the act is insufficient, and a reason­ able time is permitted, under the cir­ cumstances, for preparation for such effective time; and good cause exists for making the provisions hereof effective as hereinafter set'forth. The committee held an open meeting during the current week, after giving due notice thereof, to consider supply and market conditions for navel oranges and the need for regu­ lation; interested persons were afforded an opportunity to submit information and views at this meeting; the recom­ mendation and supporting information for regulation during the period specified herein were promptly submitted to the Department after such meeting was held; the provisions of this section, including its effective time, are identical with the aforesaid recommendation of the com­ mittee, and information concerning such provisions and effective time has been disseminated among handlers of such navel oranges; it is necessary, in order to effectuate the declared policy of the act, to make this section effective during the period herein specified; and com­ pliance with this section will not require any special preparation on the part of persons subject hereto which cannot be completed on or before the effective date hereof.

Such committee meeting was held on December 9,1965.

(b) Order.

(1) The respective quan­ tities of navel oranges grown in Arizona and designated part of California which may be handled during the period be­ ginning at 12:01 a.m., P.s.t„ December 12,1965, and ending at 12:01 a.m., P.s.t., December 19, 1965, are hereby fixed as follows:

(1) District 1: 1,500,000 cartons; (ii) District 2: 89,753 cartons; (iii) District3: 180,000 cartons; (iv) District 4: 50,000 cartons. (2) As used in this section, “handled,” “District 1,” “District 2,” “District 3,” “District 4,” and “carton” have the same meaning as when used in said amended marketing agreement and order. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) Dated: December 10, 1965. P a u l A. N ic h o l s o n , Deputy Director, Fruit and Vegetable Division, Consumer and Marketing Service.

[F.R. Doc. 65-13370; Filed, Dec. 10, 1965; 11:26 am..]