Federal Register - August 5, 1948
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Source: Federal Register
FEDERAL REGISTER
Thursday, August 5, 1948
CODIFICATION GUIDE Con.
Title 49 Transportation Railroads
and
PaSe
Chapter IInterstate Commerce Commission:
Part 3Carrier agreements re lating to rates, fares, etc___ 4501
Parts 71-85Transportation of explosives and other danger ous articles---------------------- 4501
Sec.
501.213
501.214
501.215
Bond.
T erm in ation o f offer.
D elegation of au th ority.
Authority : 501.201 t o 501.215, in clu sive, issued under sec. 32, 49 S tat. 774, as am ended, Pub. Law 712, 80th Cong.; 7 U. S. C. 612c.
501.201 Offer to make payments.
The Secretary of Agriculture of the.
United States hereinafter referred to as the Secretary, pursuant to clause 2 of section 32, Public Law No. 320, 74th Congress, as amended, will make payments, subject to the conditions here inafter set forth, to holders of approved applications hereinafter referred to as processors who will divert cotton from the normal channels of trade and com merce by manufacturing cotton insula tion, or causing cotton insulation to be manufactured. If cotton insulation is to be manufactured by another for the processors account under the caus ing f to be manufacturedpro vision herein, approval in writing from the Secretary or from his authorized representative must first be secured.
501.202 Definitions of terms as used herein. Terms in the singular may be interpreted in the plural and terms in the plural may be interpreted in the singular.
a Processors means individuals, firms, partnerships, corporations, asso ciations, or other organizations.
b Insulation means insulating ma terial which meets specifications ap proved by the Secretary or his authorized representative and referred to in the approved application see 501.210.
-c Cotton means the following: 1
Lint cotton grown in the United States not less than % inches in staple and not lower in grade than the lowest grades in the universal standards for American upland cotton; 2 unreworked cotton card strips of qualities approved by the Secretary or his authorized representa tive; and 3 unreworked cotton comber noils of qualities approved by the Secre tary or his authorized representative.
d Backing material means mate rial to which the batt part of the insula tion is attached or in which it is encased, used to repel moisture or vapor, or to serve as a nailing flange, or other struc tural function.
e Manufacture means: 1 In the case of insulation with backing material, and in the case of insulation not more than 24 inches wide without backing ma terial, the processing of raw material to the point that the insulation is in form, and is packaged for delivery to recipients;
or 2 in the case of insulation more than 24 inches wide without backing material, the processing of raw material to the
4497
point that insulation is in form and is ance foith other provisions of the pro packaged for delivery to vendees, pro gram.
vided it is delivered, shipped, or delivered 501.209 Reports and cost data to carrier for shipment to-eligible re a Progress report. From time to time cipients.
the processor shall submit reports con f Eligible recipients mean inditaining information in connection with viduals, firms, partnerships, corpora materials used, insulation made, and tions, associations, or other organiza other data by which the progress of the tions who: 1 Are engaged in the dis program may be appraised, the time of tribution of insulation; 2 certify by submission and the kind of data to be affidavit that by reason of the receipt as required by the Secretary or his au of insulation herein provided they will thorized representative.
engage in th e distribution of insulation;
b Cost data. During the period of 3 use insulation for insulating or participating in the program the proc acoustical purposes either in real or per essor, in cases where insulation is man sonal property or in the manufacture ufactured by his plant, or if the proces of products for distribution; 4 if not sor is a corporation, also in the plants of covered by subparagraphs 1, 2, or its subsidiaries, shall from time to time 3 of this paragraph are approved by upon written request supply to th Sec the Secretary o r his authorized repre retary or hi authorized representative sentative as eligible recipients of insu data with respect to individual costs of lation under the program. "
items relating to the manufacture and 501.203 Period of manufacture of distribution of each of the various types insulation. Insulation must have been of cotton insulation manufactured dur manufactured in the United States on ing specified future period week, month, or after the date of approval of the or other periods of time. Such reports application and on or before June 30, will be considered as confidential by the Department of Agriculture. During the 1949.
period for which cost data are requested, 501.204 Rate of payment. Rate of the processor shall maintain such cost payment by the Secretary will be four records relating to cotton insulation as and one-quarter 4% cents per pound, will disclose accurate data with respect gross weight, of cotton as defined here to the information requested. Failure of in used in the manufacture of insula the processor to supply requested infor tion.
mation will give the Secretary or his au 501.205 Changing specifications. thorized representative, the right to sus With the consent of the processor and pend payments until such, request is the Secretary or his authorized repre complied with.
sentative, specifications referred to in 501.210 Applications. No processor a particular application may be changed. shall be entitled to payments unless he Such new specifications shall apply only has submitted an Application Form to insulation manufactured after the C N -16-l,to use a specified quantity change has become effective.
of cotton in the manufacture of insula 501.206 M e e t i n g specifications. tion in connection with the Cotton InProcessors must certify that insulation , sulation Program Fiscal Year 1949, manufactured under the approved ap and the Secretary or his authorized rep plication meets applicable minimum resentative has, pursuant to the terms specification requirements. The insula and conditions set forth in that applica tion shall be subject to examination at tion and in this offer, approved such the plant of manufacture or elsewhere application in whole or in part, No pay as often as the Secretary or his author ment will be made on any quantity of ized representative deems necessary. If cotton in excess of that for which an ap on such examination it is found that plication is approved. More than one minimum specifications for inshlation application may be approved for the are not being met, payments thereafter same applicant. The right is reserved may be suspended until specification to reject any or all applications.
requirements are complied with. For 501.211 Payment as manufacture is purposes of examining and testing the completed. Any part or parts of the material, samples shall be supplied with quantity of cotton covered by an ap out cost by the processor to the Secre proved application may be separately tary or his authorized representative.
manufactured into insulation and the 501.207 Packaging and marking. Secretary will make payments in con At the time of manufacture all insula nection with such quantities in the same tion shall be securely packaged and manner as if the total quantity of cotton marked with a serial number or with a covered by such application had been symbol by which the individual package used in the manufacture of insulation.
can be identified.
501.212 Claims for payment. No 501.208 Inspection.
During the processor shall be entitled to payments period of participating in the program in connection with the use of cotton in manufacture of any particular in as herein provided, the establishment of the sulation unless he shall submit in con the processor and the establishment of nection therewith on or before August others manufacturing insulation for the 15, 1949, or during any extensions of processors account under the causing such time made by the Secretary or his , to be manufactured provision of this authorized representative, a claim in offer shall be open to the Secretary or voucher form and shall furnish to the to his authorized representative or agent Secretary or to his authorized repre for observation of materials used, of in sentative or agent such information as sulation manufactured, and of complimay be requested for the purpose of en-