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Wednesday, October 28, 1959
1070.3

FEDERAL REGISTER

Cucumber Regulation No. 3.

Ports Office Advance a Im port restrictions. Effective No notice vember 1, 1959 and subsequent to that date as specified herein no person may All California Carley D. Williams, 294 3 days.
points.
Wholesale Terminal import cucumbers unless such cucumbers Bldg., 784 So. Central meet the following requirements:
Ave., Los Angeles 21, Calif. Tel. Madison 21 Prom November 1, 1959 through 8756.
December 31, 1959, U.S. No. 1, or better, All Florida Lloyd W. Boney, Dade Do.
points.
County Growers Market, grade, which includes U.S. Fancy, U.S.
1200 NW . 21st Terrace, Extra No. 1, U.S. No. 1, U.S. No. 1 Small, Rm. 5, Miami 42, Fla.
Tel. Franklin 1-6932.
and U.S. No. 1 Large. In addition, AH other E. E. Conklin, Chief, Fresh Do.
from November 1, 1959 through Novem Products Standardization points.
and Inspection Branch, ber 15, 1959, such cucumbers are limited Fruit and Vegetable Di to 21
/2 inches maximum diameter.
vision, AMS, U.S. Dept, < 2 Prom January 1, i960 through of Agriculture, Washing ton 25, D.C. Tel. Dudley July 31, 1960, U.S. No. 2, or better, grade.
8-5870.
3 The requirements o f this para graph except for decay shall not be ap plicable to cucumbers of the Kirby, M R
3 Inspection certificates shall cover 17, or other pickling type cucumbers of only the quantity of cucumbers that is similar varietal characteristics.
being imported at the particular port of b Minim um quantities. Any im entry by a particular importer.
portation which in the aggregate, does 4 The inspections performed, and not exceed 54 pounds may be imported certificates issued by the Federal or Fed without regard to the provisions of para eral-State Inspection Service, shall be in graph a of this section.
accordance with the rules and regula c Plant quarantine. No provisions tions of the Department governing the of this section shall supersede the re inspection and certification of fresh strictions or prohibitions of cucumbers fruits, vegetables, and other products under the Plant Quarantine Act of 1912. Part 51 of this title . The cost of any d Inspection and certification. 1 inspection and certification shall be The Federal or the Federal-State In borne by the applicant therefor.
spection Service, Fruit and Vegetable 5 Each inspection certificate issued Division, Agricultural Marketing Service, with respect to any cucumbers to be im United States Department of Agricul ported into the United States shall set ture, is hereby designated, pursuant to forth, among other things:
1 The date and place of inspection;
1060.4a of this chapter, .as a govern ii The name of the shipper, or ap mental inspection service for the purpose of certifying the grade, size, quality, and plicant;
iii The name of the importer con maturity of cucumbers that are imported or to be imported into the United States signee ;
iv The commodity inspected;
under the provisions of section 8e of the act.
, . < ., v The quantity of the commodity 2 Inspection and certification by the covered by the certificate;
vi Th e principal identifying marks Federal or the Federal-State Inspection Service o f each lot of imported cucum on the containers;
vii The railroad car initials and bers is required pursuant to 1060.3
Eligible imports of this chapter and this number, the truck and trailer license section. Each such lot shall be made number, the name of the vessel, or other available and accessible for inspection. identification of the shipment; and viii The following statement, if the Such inspection and certification will be made available in accordance with the facts warrant: Meets U.S. Import re rules and regulations governing inspec quirements under Section 8e of the Agri tion and certification of freshfruits, cultural Marketing Agreement Act of vegetables, and other products Part 51 1937.
e Definitions. 1 The grades and of this title . Since inspectors may not .be stationed in the immediate vicinity sizes used in this section shall have the of some smaller ports of entry, importers same meaning assigned these terms in of uninspected and uncertified cucum the United States Standards for Cucum bers should make advance arrangements bers 51.2220 to 51.2239, inclusive, of for inspection by ascertaining whether this title; including the tolerances set or not there is an inspector located at forth therein.
their particular port of entry. For all 2 All other terms shall have the Ports of entry where an inspection office same meaning as when used in the Gen is not located each importer must give eral Regulations Part 1060 of this chap the specified advance notice to the ap ter applicable to the importation of plicable office listed below prior to the listed commodities.
time cucumbers will be imported.
Porta
All Texas Points.

All Arizona points.

Office
W. T. McNabb, 222 MoClendon Bldg., 305 E.
Jackson St., P.O. Box 111, Harlingen, Tex. Tel. Gar field 3-5644.
R. H. Bertelson, Rm. 202.
Trust Bldg., 305 Ameri can Ave., P.O. Box 1646, Nogales, Ariz. TeL At water 7-2902.

Advance notice 1 day.

Do.

Sec. 5, 49 Stat. 753, as amended; 7 U.S.C.
608c
Dated: October 26,1959, to become e f fective November 1,1959.
F loyd F. H edlund,
Acting Director, F ruit and Veg etable Division, Agricultural Marketing Service.
F.R. Doc. 59-9161; Filed, 9:36 a.m.

Oct. 27, 1959;

8719

Title 14 AERONAUTICS AND
SPACE
Chapter II Civil Aeronautics Boqrd SUBCHAPTER B ECONOM IC REGULATIONS
Reg. ER-283
Am dt. 1

PART i9 9 EXEMPTION O F A I R
CARRIERS FROM CERTAIN RE
QUIREMENTS OF SECTION 408 OF
THE FEDERAL AVIATION ACT
Miscellaneous Amendments Adopted by the Civil Aeronautics Board at its office in Washington, D.C., on the 23d day of October 1959.
Part 299 of the Boards Economic Reg ulations grants limited exemptions from section 408a 2 and 3 of the Federal Aviation Act to any direct air carrier which is a party to an aircraft purchase or lease transaction requiring approval under these subsections, provided cer tain conditions are met.
On July 29, 1959, a notice of proposed rule making was published in the F e d
e r a l R e g is t e r 24 F.R. 6057 and circu lated to the industry as Docket No. 10740, dated July 24, 1959, which proposed the amendment of Part 299 so as to specif ically exclude from coverage under that part any aircraft purchase or lease agreement where the amount paid to the person whose aircraft are being acquired is directly related to the profits derived from the operation of such aircraft.
The Board believes that the prevention of possible abuses of operating authority and the sound regulation of the air carriers require that such transactions not be permitted without a clear evi dentiary showing that they do not in volve a violation of the Act or do not, for any other reason, adversely affect the public interest.
In addition to the foregoing, the notice of proposed rulemaking also pro posed to add a new 299.4 to Part 299
to make it clear that any exemption granted by the part may be terminated by the Board, under appropriate pro cedures, with respect to any transaction that it believes to be contrary to the public interest.
The only comment received states that the words under appropriate pro cedures in new 299.4 do not provide adequate protection for carriers which have entered into a lease or other ar rangement pursuant to the exemption.
I t requests that the Board spell out cer tain minimum procedures which would be required with respect to the termi nation o f an exemption and suggests that such procedures should consist of notice and hearing and allowance of ample time for the termination of the exemption to permit parties to make new arrangements in order to minimize any adverse economic effect and prevent any interruption of service to the public.
As the Board indicated in the pre amble to Docket No. 10740, the termi nation o f any exemption afforded under