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RULES AND REGULATIONS

4916
TITLE 4 9 TRANSPORTATION
Chapter I Interstate Commerce Commission S. O. 856
P art
95C ar
S ervice
SATURDAYS AND SUNDAYS TO BE INCLUDED IN
COMPUTING. DEMURRAGE ON ALL FREIGHT
CARS

At a session of the Interstate Com merce Commission, Division 3, held at its office in Washington, D. C., on the 26th day of July A. D. 1950.
It appearing that railroad freight cars are being delayed unduly in loading and unloading; or while held for orders, bill of lading, payment of freight charges, reconsignment, diversion, reshipment, inspection, or forwarding directions; or while held for any other purpose of con signee, consignor or owner, causing a shortage of equipment and impeding and diminishing the use, control, supply, movement, distribution, exchange, in terchange, and return of such cars; in the opinion of the Commission an emer gency requiring immediate action exists in all sections of the country. It is ordered, that:
95.856 Saturdays and Sundays to be included computing demurrage on all freight ears, a Each common carrier by railroad subject to the Interstate Commerce Act shall include all Satur days and Sundays, occurring after the expiration of the free time published in tariffs, when computing demurrage on all freight cars whether or not they are subject to monthly average agreement or any other regular settlement period.
b Application: The provisions of this section shall apply to intrastate, in terstate and foreign commerce, includ ing commerce with insular possessions and the territories of Alaska and Hawaii.
c Regulations suspended; announce ment required. The operation of all rules and regulations insofar as they conflict with the provisions of this sec tion is hereby suspended and each rail road subject to this section or its agent, shall publish, file, and post a supplement to each of its tariffs affected hereby, in substantial accordance with the provi sions of Rule 9 k of the Commissions Tariff Circular No. 20 141.9 k of this chapter, announcing such suspen sion.

d Effective date: This section shall state Commerce Act transporting fruit become effective at 7:00 a. m August and vegetable containers, in carloads, from origins located in the States of 1, 1950.
e Expiration date: This section shall Pennsylvania, Delaware, Maryland, and expire at 7:00 a.m., February 1, 1951, New Jersey, to destinations in the States unless otherwise modified, changed, sus of Pennsylvania, Delaware, Maryland, pended, or annulled by order of this and New Jersey may, at their option, furnish and transport not more than two Commission.
2 refrigerator cars of BREX, WFEX, It is further ordered that a copy of and FGEX ownership in lieu of each box this order and direction shall be served car ordered, to the carload mini upon the railroad regulatory body of mum weight subject would have applied if each State and upon the Association of the shipmentwhich had been loaded in a box American Railroads, Car Service Divi car.
sion, as agent of the railroads subscrib b Application: The provisions of this ing to the car service and per diem agree section shall apply to shipments moving ment under the terms of that agreement; in intrastate commerce as well as to those and that notice of this order be given to moving in interstate commerce.
the general public by depositing a copy in c Effective date:
This section shall the office of the Secretary of the Com become effective at 12:01
a. m., July 28, mission at Washington, D. C., and by 1950.
filing it with the Director, Division of d Expiration date : This section shall the Federal Register.
expire at 11:59 p. m., September 14,1950, Sec. 12, 24 S tat. 383, as am ended; 49 U. S. C.
unless otherwise modified, changed, sus 12. In terp rets or applies sec. 1, 24 S tat. 379, pended or annulled by order of this Com as am ended; 49 U. S. C. 1
mission.
e Rules and regulations suspended:
By the Commission, Division 3.
The operation of all rules and regula se a l
W. P. B artel , tions insofar as they conflict with the Secretary.
provisions of this section is hereby sus F. R. Doc. 50-6684; F iled, Ju ly 31, 1950;
pended.
8:47 a.m .
f Announcement of suspension:
Each of such railroads, or its agent, shall publish, file, and post a supplement to each of its tariffs affected hereby, in S. O. 857
substantial accordance with the provi sions of Rule 9 k of the Commissions P art 95C ar S ervice Tariff Circular No. 20 . 141.9 k of REFRIGERATOR CARS FOR FRUIT AND
this chapter announcing the suspension VEGETABLE CONTAINERS
of any of the provisions therein.
At a session of the Interstate Com It is further ordered, that this order merce Commission, Division 3, held at its and direction shall be served upon the office in Washington, D. C., on the 27th Association of American Railroads, Car day of July A. D. 1950.
Service Division, as agent of the rail It appearing that the number of box roads subscribing to the car service and cars available for the movement of fruit per diem agreement under the terms and vegetable containers now moving of that agreement; and that notice of from origins in the States of Pennsyl this order be given to the general public vania, Delaware, Maryland, and New by depositing a copy in the office of the Jersey has seriously decreased recently; Secretary of the Commission at Wash th at there is a temporary surplus of re ington, D. C., and by filing it with the frigerator cars in this territory and that Director, Division of the Federal Register.
the substitution of refrigerator cars for such boxcars will release the boxcars Sec. 12, 24 S tat. 383, as am ended; 49 U. S. C.
for other essential transportation; in the 12. In terp rets or applies sec. 1, 24 S tat. 379, opinion of the Commission an emergency as am ended; 49 U. S. C. 1
exists requiring immediate action to pre By the Commission, Division 3.
vent a shortage of equipment. It is or se a l
W. P. B artel , dered, that:
Secretary.
95.857 Refrigerator cars for fruit and vegetable containers, a Common car F. R. Doc. 50-6685; F iled, July 31, 1950;
8:48 a. m .
riers by railroad subject to the Inter
PROPOSED RULE MAKING
DEPARTMENT O F LABOR
Wage and Hour Division 29 CFR, Parts 549, 778
P r o fit S h a r in g , T h r if t or S avings and E m p l o y e e W elfare P l a ns or T r u st s - NOTICE OF HEARING

The Fair Labor Standards Amend ments of- 1949 63 Stat. 910, among other things, added new provisions to the
Fair Labor Standards Act of 1938 52
Stat. 1060 which authorized the exclu sion from the regular rate at which an employee is employed 1 payments made pursuant to a bona fide profitsharing plan or trust or bona fide thrift or savings plan section 7 d 3 b and 2 contributions irrevocably made by an employer to a trustee or third person pursuant to a bona fide plan for providing old age, retirement, life, acci dent, or health insurance or similar ben-.

efits for employees hereinafter referred to as welfare plans section 7 d 4.
Pursuant to the aforesaid sections of the act the Administrator issued, effec tive January 25; 1950, 1 regulations, P art 549, defining and delimiting the term bona fide profit-sharing plan or trust; and 2 Interpretative Bulletin, P art 778, on overtime compensation, in 778.6 g of which, he set forth the con ditions which would have to be met in