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F E D E R A L R E G IS T E R , Saturday, June 24, 1939

Published by the Division of the Federal Register, The National Archives, pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 49
Stat. L. 500, under regulations prescribed by the Administrative Committee, w ith the approval of the President.
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Correspondence concerning the publica tion of the F ederal R egister should be ad dressed to the Director, Division of the Federal Register, The National Archives, Washington, D. C.

tified by an authorized representative o f the Secretary according to the standards estab lished under this Act, except that the Secre tary may temporarily suspend the require ment of inspection and certification at any designated market whenever he finds it im practicable to provide for such inspection and certification because competent inspec tors are not obtainable or because the quan tity of tobacco available for inspection is insufficient to justify the cost of such serv ice: Provided,, That, in the event competent inspectors are not available, or for other rea sons, the Secretary is unable to provide for such inspection and certification at all auc tion markets within a type area, he shall first designate those auction markets where the greatest number of growers may be served with the facilities available to him. No fee or charge shall be imposed or collected for inspection or certification under this section at any designated auction market. Nothing contained in this Act shall be construed to .prevent transactions in tobacco at markets not designated by the Secretary or at desig nated markets where the Secretary has sus pended the requirement of inspection or to authorize the Secretary to close any market.

and Whereas, pursuant to said Act refer endums have been held among the grow ers of flue-cured tobacco who sold to bacco at auction on the Adel, Douglas, and Nashville, Georgia markets during the last marketing season, in which ref CONTENTS Continued erendums said growers were given an opportunity to vote for or against the T i t l e 30 M in e r a l R e s o u r c e s :
designation as provided in Section 5 of National Bituminous Coal Com mission :
Page said Act; and Whereas, more than two-thirds of the Distributors , amendment of growers voting in said referendums and rules to require mainte who sold tobacco at auction on said mar nance and observance of kets during the last marketing season prices and marketing rules by_________________ 2486 voted in favor of said designation, T i t l e 47 T e l e c o m m u n i c a t i o n :
29.301 1 Designation of tobacco Federal Communications Com markets.
mission:
Now, therefore, by virtue of the au General Rules and Regula thority conferred upon me by Section 5
tions, amendment of Ap of The Tobacco Inspection Act and the pendix B ________________ 2487 affirmative results of the referendums NOTICES
conducted thereunder, the flue-cured to bacco markets of Adel, Douglas, and Federal Trade Commission:
Nashville, Georgia are designated as mar jfQoe, A. S., Co., complaint and notice of hearing__________
2487 kets where tobacco bought and sold thereon at auction, or the products man Averbach Co., Inc., et al., order appointing examiner, etc_ 2489 ufactured therefrom, moves in commerce.
It is hereby ordered that, effective 30
Securities and Exchange Commisdays from this date no tobacco shall be A,ion:
offered for sale at auction on the above-""Allied Chemical & Dye Corp., holding company status___ 2489 named markets until it shall have been inspected and certified by an authorized Notice of and orders for hearrepresentative of the United States De y ings:
partment of Agriculture according to S Braddock Light & Power Co., I n c ______ __________
2490 standards established under the Act:
Provided, however, That the requirement /Consolidated Electric and Gas Co ______________________
2489 of inspection and certification may be suspended at such times as it is found impracticable to provide inspection or when the quantity of tobacco available tors of internal revenue for the purpose of for inspection is insufficient to justify obtaining the names and addresses of grow ers who sold tobacco on any auction market, the cost of such service. No fee or charge and the Secretary shall determine from said shall be imposed or collected for the in records the eligibility of such grower to vote spection and certification of tobacco sold in such referendum, and no grower shall be eligible to vote in more than one referendum. or offered for sale at auction on the 49 Stat., After public notice of not less than thirty markets designated herein.
days that any auction market has been so 731; 7 U.S.C., Sup. I, Chap. 21A
designated by the Secretary, no tobacco shall In testimony whereof, I have hereunto be offered for sale at auction on such market until it shall have been inspected and cer set my hand and caused the official seal
of the Department of Agriculture to be affixed in the City of Washington, this 22d day of June 1939.
seal H. A. W allace , Secretary of Agriculture.
F. R. Doc. 392187; Filed, June 22 1939 3:05 p. m.

BUREAU OF ENTOMOLOGY AND
P L A N T QUARANTINE
B EPQ Q. 48
M o d if ic a t io n s o f J a p a n e s e B eetle Q u a r a n t in e R e g u l a t io n s
Introductory Note The following amendment to the Jap anese beetle quarantine regulations adds to the regulated area four townships in Cuyahoga County, Ohio, bringing the entire county within the area. T h is ex tension parallels action already taken by the Ohio Department of Agriculture to relieve a traffic situation encountered in the operation of vehicular inspection stations on westbound highways from the Cleveland area. W ith the extension of the continuous regulated area to in clude that city, certification is required for all restricted commodities moving from Cleveland to nonregulated terri tory. Rochester and Brighton, N. Y., are now included as outlying regulated areas subject to the same restrictions as apply to similar isolated points.
Another change included in this amendment is the omission of regulated portions of Steuben County, N. Y., other than the town of Homellsville, from the isolated areas to which the movement of certain quarantined articles was here tofore required to be certified.
A section of Regulation 7 exempting from the certification requirements cer tain types of sand and clay is reworded to clarify the requirement.
Requirements are modified for the cer tification of nursery and ornamental stock received by nurseries and green houses within the regulated area, both as to the infested and noninfested nur series and greenhouses.
T.ke A. S trong , Chief.
AMENDMENT NO. 1 TO THE RULES AND REG
ULATIONS SEVENTEENTH REVISION SUP
PLEMENTAL TO NOTICE OF QUARANTINE NO.

48

Under authority conferred by the Plant Quarantine Act of August 20, 1912
37 Stat. 315, as amended by the Act of Congress approved March 4, 1917 39
Stat. 1134, 1165, it is ordered that reg ulations 3, 5, 6, 7, and 9 Secs. 301.72-3, 5, 6, 7, and 9 of the rules and regula tions seventeenth revision supple mental to Notice of Quarantine No. 481
14 F.R. 961 DI.