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T u e sd a y , J u n e 14, 1955

FEDERAL REGISTER

4151

amount offered in settlement by the ment o f avocados produced in South TITLE 32 N ATIO N AL DEFENSE
carrier. Any such amount must be de Florida are now in effect and the require ments of section 8e of the Agricultural Chapter V Department of the Army ducted from the amount otherwise pay able under this section. The claimant Marketing Agreement Act of 1937, as Subchapter B Claims and Accounts will thereafter promptly notify the amended 7 U. S. C. 601 et seq.; 68 Stat.
claims officer o f any action by the car P art 536 C l a im s A g a in s t t h e 906,1047, makes such regulation of im rier, including settlement or denial of U n it e d S t a t es ports of avocados mandatory; b such domestic and import restrictions should c l a im s o f m i l i t a r y p e r s o n n e l a n d c i v i l liability.

become effective at as near the same i a n e m p l o y e e s f o r p r o p e r t y dam ag ed ,
j
Demand on insurer.
When the time as is reasonably practicable; c LOST, DESTROYED, CAPTURED, OR ABAN
property damaged, lost, destroyed, cap notice that this action was being con DONED INCIDENT TO THEIR SERVICE
tured, or abandoned was insured in sidered was published in the F édérai .
Section 536.27 is amended by chang whole or in part, the claimant will, R eg ister issue of May 18, 1955 20 F. R.
3475, and interested parties were a f ing various paragraphs and subpara within the time prescribed in the insur ance policy and prior to presenting a forded opportunity to submit written graphs to read as follows:
data, views, or arguments for considera 536.27 Claims of military personnel claim under this section, make demand tion in connection therewith; d com and civilian employees for property dam in writing upon the insurer for reim pliance with this import regulation will aged, lost, destroyed, captured, or aban bursement under the terms and condi tions of the policy. The claimant may not require any special preparation doned incident to their service.
present a claim under this section at any which cannot be completed by the effec b Claims payable.
time after making demand on the in tive time; e notice hereof in excess of 2 Examples.
three days, the minimum that is pre ii Transportation losses.
Where surer. A copy of the demand, and one scribed by said section 8e, is given with property, including baggage checked or of any reply, will be presented with the respect to this import regulation; and in personal custody, is damaged, lost, or claim. The claimant may accept any f such notice is hereby determined, destroyed incident to transportation by amount offered in settlement by the under the circumstances, to be reason a carrier, an agent or agency of the Gov insurer. Any such amount must be de ducted from the amount otherwise pay ernment, or private conveyance:
able.
able under this section. The claimant a
When shipped under orders;
or Sec. 401, 68 Stat. 907; 7 U. S. C. 608e b In connection with travel under will thereafter promptly notify the Done at Washington, D. C., this 10th claims officer of any action by the in orders; or day of June 1955, to become effective at c In connection with travel in per surer, including settlement or denial of 12:01 a. m., e. s. t., June 18, 1955.
formance of military duty with or with liability.

SEAL
S. R . SMITH, out troops.
m Proration of recovery from in

Director, Fruit and Vegetable surer. When the amount recovered or Division, Agricultural Mar f Statute of limitations.
2 Subject to the foregoing, every recoverable by the claimant from an in keting Service.
claim under this section should be pre surer is less than the total loss, the F. E. Doc. 55-4759; Filed, June 13, 1955;
sented as soon as possible after dis amount so recovered or recoverable will 8:53 a. m .
covery of the damage or loss. Immediate be prorated between the amount ap action by the claimant will facilitate proved and the amount disapproved.
n Proration in event of excess processing of the claim and reduce the TITLE 19 CUSTOM S DUTIES
time required to complete action. De weight. I Revoked.

lay by the claimant increases the diffi Chapter 1 Bureau of Customs, q Claims 1 Form to be used.
culty of perfecting his claim because Department of the Treasury essential witnesses may be transferred or
iv That the damage, loss, destruc documents may be lost. Moreover, in a T . D. 53817
case involving transportation loss or tion, capture, or abandonment was or P art 4 V e s s e l s i n F o r e ig n a n d damage, failure of a claimant to make was not covered by insurance and, if it D o m e s t ic T rades demand on a carrier within 9 months was, that timely demand was made on may result in a reduction of the award the insurer or that demand was not WAIVER OF COASTWISE TO W IN G LAW S
made for stated reasons.
on the claim.
J u n e 8,1955.
v In cases involving a carrier, that

Upon the written recommendation of h Demand on carrier. When it ap demand was made on the carrier.

the Deputy Secretary of Defense in the pears that damage to, or loss or destruc interest of national defense and by vir tion of, property has occurred under cir 2
Evidence to be submitted by tue of the authority vested in me by the cumstances in which a carrier is respon claimant.
act of December 27,1950 64 Stat. 1120, sible, the claimant will, within 9 months ii I f the claim is asserted under and revised Treasury Department Order after delivery or the date on which de paragraph b 2 ii of this section No. 165 T. D. 53654, I hereby waive livery should reasonably have been transportation losses:
compliance with section 316, title 46, made, and prior to presenting a claim

United States Code, to the extent neces under this section, make demand in writ c Copy of demand on carrier or in sary to permit the use of the Canadian ing upon the last carrier known or be surer, or both, when required.
tug Radel in towing a barge now oper lieved to have handled the shipment for

ated by the Badgett Mine Stripping Cor reimbursement for such damage, loss, or e A statement, in cases where prop poration on one voyage to commence on destruction. I f more than one bill of erty was turned over to a quartermaster, or about June 9,1955, from Ogdensburg, lading or contract was issued, a sepa transportation officer, supply officer, or New York, to the Badgett construction rate demand will be made upon the last contract packer, setting forth the fo l site in the International Rapids Section carrier under each bill of lading or con lowing information:
tract. No such demand is required when on the St. Lawrence River.

it appears that the damage, loss or de R. S. 161, 251, secs. 2, 3, 23 Stat. 118, as 7
Revoked.
struction resulted from improper pack amended, 119, as amended, sec. 624, 46 Stat.

759; 5 U. S. C. 22, 19 U. S. C. 66, 1624, 46 ing, storage or other cause not within .10 The names o f disinterested wit the control of a carrier. The claimant TJ. S. C. 2, 3
may present a claim under this section nesses, including the quartermaster, seal R alph K e l l y , at any time after making demand on the transportation officer, or supply officer, Commissioner of Customs.
carrier. A copy of the demand, and one if available, as to the condition of the o f any reply will be presented with a property when received or delivered, or IF. R. Doc. 55-4719; Filed, June 13, 1955;
claim. The claimant should accept any as to handling or storage.
8:49 a. m .