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8961

FEDERAL REGISTER, Friday , August 8, 1941
ter clover Trifolium glomeratum shall hot be construed to be adulterated.
Done at Washington, D. C., this 6th day of August 1941. Witness my hand and the seal of the Department of Agri culture.
seal
P aul H. A ppleby ,
Acting Secretary of Agriculture.
P. R. Doc. 41-5796; Filed, A ugust 7, 1941;
11:22 a. m .

P art 201F ederal S eed A ct ORDER UNDER FEDERAL SEED ACT

201.174 Importations of mixtures of white clover, suckling clover, and cluster clover. By virtue of authority vested in the Secretary of Agriculture by section 303 of the Federal Seed Act of August 9, 1939 53 Stat. 1275, finding is hereby made and it is prescribed by this order that the importation of mixtures, in any combination, of seed of white clover Trifolium repens, suckling clover Tri folium dubium, and cluster clover Trifolium glomaratum for planting is not detrimental to the user of such seeds.
This order shall become effective on and after the expiration of thirty days after date of publication herein.
Done at Washington, D. C this 6th day of August 1941. Witness my hand and the seal of the Department of Agriculture.
seal
P aul H . A ppleby ,
Acting Secretary of Agriculture.
P. R. Doc. 41-5794; Piled, A ugust 7, 1941;
11:22 a. m.

P art 201F ederal S eed A ct DETERMINATION UNDER THE FEDERAL
SEED ACT

8 201.176 Unadapted alfalfa and red clover seed. By virtue of authority vested in the Secretary of Agriculture by section 305 of the Federal Seed Act of August 9, 1939 53 Stat. 1275, it Is hereby determined that seed of alfalfa and red clover from any foreign country other than the Dominion of Canada is not adapted for general agricultural use in the United States.
On and after the expiration of ninety days after the publication of this deter mination and until such determination is revoked, 10 percent of the seeds in each container of such alfalfa or red clover seed, or any seed containing 10
percent or more of such alfalfa or red clover seed, admitted into the commerce of the United States shall be stained a red or an orange-red color.
Done at Washington, D. C., this 6th day of August 1941. Witness my hand and the seal of the Department of Agriculture.
seal!

P aul H . Appleby ,
Acting Secretary of Agriculture.
IF. R. Doc. 41-5795; Piled, August 7, 1941;
11:22 a. m.

P art 201F ederal S eed Act amendments to the jo in t rules and reg ulations UNDER THE FEDERAL SEED ACT

By virtue of authority under section 402 of the Federal Seed Act 53 Stat.
1275 and after public hearing, held on May 12, 1941, notice of which was pub lished in the F ederal R egister of April 10, 1941, we hereby promulgate the fol lowing amendments to the joint rules and regulations for the enforcement of the Federal Seed Act. These amend ments shall become effective on Septem ber 8, 1941.
Reword 201.216 as follows:
201.216 Forwarding s a m p l e s .
Samples from the various ports shall be forwarded to seed laboratories in ac cordance with instructions of the Agri culture Marketing Service to be fur nished to customs officers from time to time.
Reword 201.218 as follows:
201.218 Delivery under bond. After samples of seed or screenings offered for importation into the United States from any foreign country have been drawn, such seed or screenings shall be admitted into the commerce of the United States only after the seed or screenings have been found to meet the requirements of the act and these regulations. Provided, however, That if each and every con tainer of such seed or screenings bears a sufficient mark of identification, col lectors of customs may release from cus toms custody for delivery to the owner or consignee shipments which have been sampled, pending examination and de cision in the matter, upon the execution on the appropriate form of either a cus toms single-entry bond or a customs term bond in such amount as is pre scribed for such bond in customs regula tions in force on date of entry, which bond shall contain a condition for the redelivery of the seed or screenings or any part thereof upon demand of the collector of customs at any time. Prior to being so admitted, the seed or screen ings shall be kept intact and not tam pered with in any way, or removed from the containers except under supervision as provided by regulation. The bond shall be filed with the collector of cus toms, who, in case of default, shall take appropriate action to effect the collection of liquidated damages equal to the value of the entire shipment as set forth in the entry plus the estimated duty thereon, if any.
201.222 a Delete the word Pea and insert the following in their proper alphabetical order: Mustard, black;
Mustard, white; Parsley; Pea, field; Pea, Austrian winter; Pump kin; Rape, annual; Rape, bird;
Rape, turnip; and Watermelon.
201.222 b Insert the following in their proper alphabetical order: Bean, Adzuki; Bean, Mung; Chickpea;
I Hemp; and Sunflower.

Add the following new paragraph:
c If any seed enumerated in 201.222 is declared for seeding purposes and is found upon examination by the Agricultural Marketing Service not to meet the requirements of the Federal Seed Act, the importer shall be permitted to withdraw his declaration made under section 201.222 upon notification from the Agricultural Marketing Service that the seed may be released for feeding or manufacturing purposes. In this event, the importer shall be required to file a new declaration that no part of the im portation will be used for seeding purposes.
Done at Washington, D. C., this 1st day of August, 1941.
Witness my hand and tlie seal of the Department of the Treasury.
seal
S H erbert E. G aston, Acting Secretary of the Treasury.
Witness my hand and the seal of the Department of Agriculture.
seal
P aul H . A ppleby ,
Acting Secretary of Agriculture.
F. R. Doc. 41-5793; Piled, A ugust 7, 1941;
11:21 a. m.

CHAPTER VH AGRICULTURAL
ADJUSTMENT ADMINISTRATION
P art
728W heat
SUBPART D 1942

Regulations Pertaining to Farm Acreage Allotments and Normal Yields for the 1942 Crop of Wheat Sec.
728.311 Applicable provisions of 728.312 M ethod of determ ining m al yields.
728.313 M ethod of determ ining age allotm ents.
728.314 O pportunity to fu rn ish 728.315 In stru c tio n s and form s.
728.316 Definitions.

th e Act.
fa rm n or farm acre d a ta ,
By virtue of the authority vested in the Secretary of Agriculture by Section 375
of the Agricultural Adjustment Act of 1938 Public Law No. 430, 75th Congress, approved February 16,1938, as amended, I do make, prescribe, publish, and give public notice of the following regulations governing farm acreage allotments for the 1942 crop of wheat under Title HI of said Act, to be in force and effect until rescinded, amended, or superseded by regulations hereafter made by the Sec retary of Agriculture under said Act.
728.311 Applicable provisions of the Act. Section 301 b 13 E of the Act provides as follows:
Normal yield for any farm , in th e case of w heat shall be the average yield per acre of w heat for th e farm , adjusted for abnorm al w eather conditions and for trends in yields, d uring th e te n calendar years im m ediately preceding th e year in which such norm al yield is determ ined. If for any such year th e data are h o t available or th ere is no actual yield, th e n th e norm al yield for tn e farm shall be appraised in ac cordance w ith regulations of th e Secretary, taking in to consideration abnorm al w eather