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3807

FEDERAL REGISTER

Friday, July 9, 1948
CODIFICATION GUIDE Con.

Chapter VII Production and Mar keting Administration Agricultural Adjustment
Title 32 National Defense
Chapter XXIIIWar Assets Ad ministration:
Part 8301Designation of dis posal agencies and procedures for reporting surplus prop erty located within the con tinental United States, its ter ritories and possessions------

Tobacco 12, Part II 1948
P art
726 F ire -C ured
and
A ir -C ured T obacco
3814

Title 33 Navigation and Navi gable Waters
Chapter IICorps of Engineers, Department of the Army:
Part 204Danger zone regula tions------------------------------

TITLE 7 AGRICULTURE

D ark -

MARKETING QUOTA REGULATIONS; 1948-49
MARKETING YEAR
GENERAL

3814

Sec.
726.855
726.856
726.857
726.858

Basis and purpose.
Definitions.
Instructions and forms.
Extent of calculations and rule of fractions.

Title 38 Pensions, Bonuses, and V etera is Relief
FARM MARKETING QUOTAS AND MARKETING
CARDS

Chapter IVeterans Administra tion:
Part 25Medical ----------------

726.859 Amount of farm marketing quota.
726.860 No transfers.
726.861 Issuance of marketing cards.
726.862 Person authorized to issue cards.
726.863 Rights of producers in marketing cards.
726.864 Successors in interest.
726.865 Invalid cards.
726.866 Report of misuse of marketing cards.

3814

Title 43 Public Lands: Interior
Chapter IBureau of Land Man agement, Department of the Interior:
Part 77Shore space --------Part 115Revested Oregon and California Railroad and re conveyed Coos Bay Wagon Road grant lands in Oregon.
Title 49 Transportation Railroads
3814

MARKETING OR OTHER DISPOSITION OF TOBACCO
AND PENALTIES

3816

and
Chapter IInterstate Commerce Commission:
Part 110Destruction of rec ords_______________
3816
Bank Commissioner Huston are absent or unable to serve for any reason.
E. C. Johnson, Assistant Deputy Land Bank Commissioner, is authorized and empowered to execute and perform any and all functions, powers, authority, and duties which the Land Bank Commission er is authorized and empowered to exe cute or perform in the event the Land Bank Commissioner, Deputy Land Bank Commissioner Huston, and Assistant Deputy Land Bank Commissioner Diebel are absent or unable to serve" for any reason.
Horace A. Lake, Chief of NFLA Section, is authorized and empowered to execute and perform any and all functions, powers, authority, and duties which the Land Bank Commissioner is authorized and empowered to execute or perform in the event the Land Bank Commisstoner, Deputy Land Bank-Commissioner Hus ton, and Assistant Deputy Land Bank Commissioners Diebel and Johnson are absent or unable to serve for any reason.
Secs. 39, 40, 48 Stat. 50, 51; 12 U. S. C.
637,636; E. O. 6084, March 27,1933,6 CFR
1.1 m ; Memorandum No. 846, Sec. of Agric., Jan. 6, 1940
seal
R . L. F arrington, Acting Governor.
J u l y 2, 1948.
P. R. Doc. 48-6141; Filed, July 8, 1948;
9:00 a. m.

726.867

Extent to which marketings from a farm are subject to penalty.
726.868 Disposition of excess tobacco.
726.869 Identification of marketings.
726.870 Identification of tobacco.
726.871 Rate of penalty.
726.872 Persons to pay penalty.
726.873 Marketings deemed to be excess to
bacco.
726.874 Payment of penalty.
726.875 Request for return of penalty.
RECORDS AND REPORTS

726.876
726.877
726.878
726.879
726.880
726.881
726.882
726.883
726.884
726.885
726.886

Producers records and reports.
Warehousemans records and re ports.
Dealers records and reports.
Dealers exempt from regular rec ords and reports.
Records and reports of truckers and persons redrying, prizing, or stem m ing tobacco.
Separate records and reports from persons engaged in more than one business.
Failure to keep records or make re ports.
Exam ination of records and reports.
Length of tim e records and reports to be kept.
Information confidential.
Redelegation of authority.

Authority : 726.855 to 726.886, inclusive, Issued under 52 Stat. 47, 48, 65, 66, 204; 53
Stat. 1261, 1262; 54 Stat. 393, 394, 727, 728, 1209, 1210; 59 Stat. 506; 60 Stat. 21; 7 U. S. C.
1301 et seq.
GENERAL

726.855 Basis and purpose. The regulations contained in 726.855 to 726.886, inclusive, are issued pursuant to the Agricultural Adjustment Act of 1938, as amended, and govern the issuance of marketing cards, the identification of to bacco, the collection and refund of pen alties, and the records and reports inci dent thereto on the marketing of firecured and dark air-cured tobacco during the 1948-49 marketing year. Prior to preparing the regulations in 726.855

to 726.886, inclusive, public notice 13
F. R. 1456 of their formulation was given in accordance with the Administra tive Procedure Act 60 Stat. 237. The data, views and recommendations per taining to the regulations in 726.855 to 726.886, inclusive, which were submitted have been duly considered within the limits prescribed by the act.
726.856 Definitions. As used in 726.855 to 726.886, inclusive, and in all instructions, forms and documents in connection therewith the words and phrases defined in this section shall have the meanings herein assigned to them unless the context or subject matter otherwise requires.
a Act means the Agricultural Ad justment Act of 1938, as amended.
b County committee means the group of persons elected within a county to assist in the administration of the Agricultural Conservation Program in such county.
c Dealer or buyer means a person who engages to any extent in the busi ness of acquiring tobacco from producers without regard to whether such person is registered as a dealer with the Bureau of Internal Revenue.
d Director means Director or Act ing Director, Tobacco Branch, Produc tion and Marketing Administration, United States Department of Agricul ture.
e Farm means all adjacent or nearby farm land under the same owner ship which is operated by one person, including also:
1 Any other adjacent or nearby farm land which the county committee, in accordance with instructions issued by the Assistant Administrator for Produc tion, Production and Marketing Admin istration, determines is operated by the same person as part of the same unit with respect to the rotation of crops and with workstock, farm machinery, and labor substantially separate from that for any other lands; and 2 Any field-rented tract whether operated by the same or another person which, together with any other land in cluded in the farm, constitutes a unit with respect to the rotation of crops.
A.farm shall be regarded as located in the county in which the principal dwell ing is situated, or if there is no dwelling thereon it shall be regarded as located in the county in which the major por tion of the farm is located.
f Field assistant means any duly authorized employee of the United States Department of Agriculture, and any duly authorized employee of a county committee whose duties involve the prep aration and handling of records and re ports pertaining to tobacco marketing quotas.
g Floor sweepings means scraps, leaves, or bundles of tobacco, generally of inferior quality, which accumulate on the warehouse floor and which not being subject to identification with any par ticular lot of tobacco are gathered up by the warehousemen for sale. Floor sweepings shall not include tobacco de fined as pick-ups.