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Thursday, September 3, 1959

FEDERAL REGISTER

on consignment in interstate commerce tain a dumping certificate or other evi or in the District of Columbia, render to dence of justification for such action.
the consignor thereof a true and correct Certification, showing that the produce itemized statement of the gross sales as has no commercial value, should be ob well as all selling charges and all other tained from : a An inspector author charges or expenses paid and a statement ized by the United States Department of of the net proceeds or deficit, and make Agriculture to inspect produce; or b
full payment to the consignor of the net a health officer, or food inspector of any proceeds so received together with a full State, county, parish, city or munici explanation of the disposition of any and pality or of the District of Columbia.
When no inspector or health officer, as all produce not sold.
i Good and sufficient cause means,designated in paragraph a or b of with respect to destroyed, abandoned, this section is available, affidavits as to discarded, or dumped produce, that the the condition of the produce should be produce so dealt with had no commercial obtained from two disinterested persons value, or that some other legal justifica having no financial interest in the prod tion for so dealing with such produce ex uce involved or in the business of a isted, such as an order of condemnation person financially interested therein, and by a health officer or definite authority who are unrelated by blood or marriage to any such financially interested person, from the shipper.
r j Commercial value means any and who, at the time of certification, and value that the produce may have for any for a period of at least one year im purpose that can be ascertained in the mediately prior thereto, have beeit en exercise of due diligence by the con gaged in the handling of the same gen signee without unreasonable expense or eral kind or class of produce with respect to which such affidavits are to be made.
loss of time.
The certificate or affidavit obtained for A d m in is t r a t io n justifying dumping should identify the produce to be dumped by giving the 48.3 Director.
name of t;he shipper, any identifying The Director shall perform, for and marks or brands on the original con under the supervision of the Secretary tainer, the type of container, the com and the Deputy Administrator, such du modity, the quantity, the date of inspec ties as the Secretary or the Deputy Ad tion, and contain a short description of ministrator may require in enforcing the the condition of the produce to be provisions of the Act and the regulations dumped at the time of inspection. The issued thereunder. .
name, address and title of the person or V io l a t io n s persons making such inspection should also be designated on the certificate or 48.4 Destroying or dumping.
affidavit.
Any person receiving produce in inter C o m p l a in t s state commerce or in the District of Co 48.8 Filing o f complaints.
lumbia for or on behalf of another who, Any person having reason to believe without good and sufficient cause, shall destroy or abandon, discard as refuse, or that the Act or the regulations in this dump any produce, directly or indirectly part have been violated should submit or through collusion with any person, promptly all available facts with respect shall be considered to have violated the thereto to the Director for investigation and appropriate action.
Act.
The purpose of the above amendments 48.5 False report or statement.
is to delete existing 8 48.7 to 48.10 in Any person receiving produce in inter clusive, which provisions pertained to state commerce or in the District of Co Certificates of Inspection issued prior to lumbia for or on behalf of another shall the enactment of Public Law 272, 84th be considered to have violated the Act if, Congress, approved August 9, 1955, knowingly and with intent to defraud, which repealed the farm produce In he makes any false report or statement spection clause contained in various ap to the person from whom such produce propriation Acts 7 U.S.C.414 and the was received concerning the handling, second, third and fourth sentences of condition, quality, quantity, sale, or dis section 1 of the Produce Agency Act of position thereof.
March 3, 1927 7 U.S.C. 492. Such re peal rendered the aforementioned sec 48.6 Failre to account.
tions of the regulations obsolete. A new Any person receiving produce in inter section, 48.7 Evidence to justify dump state commerce or in the District of Co ing, which is primarily for informational lumbia for or on behalf of another shall purposes, is added to set forth the types be considered to have violated the Act if, of evidence that should be obtained by knowingly and with intent to defraud, a person dumping produce received for he fails truly and correctly to account to sale on consignment in interstate com the person from whom such produce was merce, to show that such produce has received.
no commercial value. Section 48.11 is renumbered to read 48.8.
J u s t if ic a t io n for D u m p in g The above amendments will become 48.7 Evidence to justify dumping.
effective upon publication in the F ed
Any person, receiving produce in in eral R e gister . It is found upon good terstate commerce or in the District of cause under section 4 of the Adminis Columbia, having reason to destroy, trative Procedure Act 5 U.S.C. 1003, abandon, discard as refuse or dump such that notice and other public rule-mak produce, should, prior to such destroying, ing procedure with respect to these abandoning, discarding or dumping, ob amendments is unnecessary and imprac
7129
ticable, and good cause is found for mak ing the amendments effective less than 30 days after publication in the F ederal R e g ister .
Sec. 3, 44 Stat. 1355, as amended; 7 U.S.C.
494

Dated: August 31, 1959, to become effective upon publication in the F ed eral
R e gister .
R o y W . L ennartson,
Deputy Administrator, Agricultural Marketing Service.
F.R. Doc. 59-7361; FUed, Sept. 2, 1959;
8:51 a.m.

Title 14 AERONAUTICS AND
SPACE
Chapter Ifederal Aviation Agency Reg. Docket No. 63
Special Civil Air Reg. SR-424B

PART 60 AIR TRAFFIC RULES
Positive Air Traffic Control; Extension for Indefinite Period Notice was given on July 18, 1959, that the Federal Aviation Agency had under consideration a proposal to amend Special Civil Air Regulation No. 424A
which became effective on June 15, 1959, 24 F.R. 5759.
The purpose of SR-424A was to ex tend the provisions of the positive air traffic control regulations which would otherwise have terminated on June 15, 1959. It had been originally intended, as outlined in a notice of proposed rule making issued on May 15,. 1959, to ex tend the positive control provisions for an indefinite period. However, comment received from the Department of the Air Force in response to this notice indicated the need for further discussion of the impact of the positive control program on its operations. In view of these com ments, it was decided to extend SR-424A
on a temporary basis and the provisions of this special regulation will terminate on September 15,1959.
It has been pointed out by the Air Force that positive control route seg ments are currently designated along certain 10 -mile wide airways from 17,000 to 22,000 feet while the provisions of SR-424 authorized such route seg ments along 40-mile wide routes extend ing from 17,000 to 35,000 feet.
As issued, SR-424A authorized the designation of positive control routes which exceeded the dimensions of those currently designated. This was consist ent with the initial authorization con tained in SR-424 as adopted by the Civil Aeronautics Board and was considered to be representative of future airspace requirements for the positive control concept.
Due to the present capabilities of the air traffic control system, it was not in tended to increase immediately the dimensions of positive control route seg ments to the full extent authorized in SR-424A. Therefore, in order to clarify the intent of the rule, it appeared desir-