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Wednesday, February 1, 1956

FEDERAL REGISTER

695

5 Interfering with a grader, inspec and rates of assessment for the 1955-56
tor, or sampler. Any interference with season 20 F. R. 4531 be, and hereby are, or obstruction or any attempted inter amended to read as follows:
ference or obstruction of any grader, in 4 Elberta peaches, $24,000.00.
spector, or sampler in the performance Sec.
5, 49 Stat. 753, as amended; 7 U. S. C.
Iron___ ______ ._______________________ - $5. 50
of his duties by intimidation, threat, Copper___________________ ________ 5. 50
bribery, assault, or any other improper 608c Protein K jeldah l---------- ----------------- 3.00 means.
Done at Washington, D. C., this 27th Plant survey line" samples, based on b Whenever the Administrator hasday of January 1956, to become effective time required to perform such serv ices, per bour___ ___________------- 3. 60 reason to believe that any person, or his 30 days after publication in the F ederal employee, agent, or representative has R egister.
6. Change 58.58 Debarment of serv wilfully, flagrantly or repeatedly com seal
R oy W. Lennartson, ice to read as follows :
mitted any of the acts or practices speci Deputy Administrator.
fied in paragraph a of this section, he 58.58 Debarment of service, a F.
R.
Doc.
56-816;
Filed, Jan. 31, 1956;
may without hearing direct that the The following acts or practices, or the 8:52 a. m.
causing thereof, may be deemed sufficient benefits of the act be denied such person, cause for the debarment, by the Admin including any agents, officers, subsidi istrator, of any person, including any aries or affiliates of such person, pending TITLE 49 TRANSPORTATION
agents, officers, subsidiaries, or affiliates investigation and hearing and shall give of such person, from any or all benefits notice thereof by registered mail. A
Chapter I Interstate Commerce of the act for a specified period after written petition for reconsideration of Commission such interim denial may be filed with the notice and opportunity for hearing has Administrator by any person so denied Subchapter B-Carriers by Motor Vehicle been accorded him.
1 Fraud or misrepresentation. Any the benefits of the act if postmarked or Ex Parte No. MO-43
wilful misrepresentation or deceptive or delivered within 10 days after notice of P art 207L ease and I nterchange of fraudulent practice or act found to be the interim denial. Such petition shall V ehicles made or committed by any person in con state specifically the errors alleged to have been made by the Administrator in nection with:
LEASE AND INTERCHANGE OF VEHICLES BY
1 The making or filing of any appli denying the benefits of the act pending MOTOR CARRIERS
cation for any grading service, inspection investigation and hearing. Within 20
At a General Session of the Interstate service, or sampling service, appeal, or days following the receipt of such a peti tion for reconsideration, the Administra Commerce Commission, held at its office regrading service;
ii The making of the product acces tor shall reinstate the benefits of the act in Washington, D. C., on the 23d day of sible for grading, inspection, or sampling; or notify the petitioner by registered January A. D. 1956.
It appearing that by orders entered iii The making, issuing or using or mail of the reasons for continued interim herein on February 2, 1955, and Novem attempting to issue or use any grading denial.
ber 15, 1955, certain sections, or parts of certificate or inspection certificate issued 60 Stat. 1090; 7 U. S. C. 1624> certain sections of the rules prescribed in pursuant to the regulations in this part or Issued at Washington, D. C., this 27th the above-entitled proceeding by order file use of any official stamp, label or of May 8,1951, as subsequently amended, day of January 1956.
identification;
or the applicability of the rules, or sec iv The use of the terms, United seal R oy W . L ennartson , tions thereof, to specified groups of States, or U. S., Officially graded, Deputy Administrator, authorized carriers, were to become ef Officially inspected, Federal-State Agricultural Marketing Service.
graded, or Government graded, or F. R. Doc. 56-785; Filed, Jan. 31, 1956; fective on March 1,1956;
It further appearing that it is desirable terms of similar import in the labeling or 8:45 a. m.
in the public interest to further defer advertising of any product without stat the effective date from March 1, 1956, e s in conjunction therewith the official to July 1,1956:
S. grade of the product; or is ordered, That the order entered v The use of any of the aforesaid Chapter IX Agricultural Marketing in It this proceeding on May 8,1951, as sub terms or an official stamp, label, or iden Service Marketing Agreements and sequently modified, be, and it is hereby, tification in the labeling or advertising of Orders, Department of Agriculture further modified so as to make effective any product that has not been graded July 1, 1956, instead of March 1, 1956:
Pursuant to this part.
936F resh B artlett P ears, P lums, 1 The provision of 207.4 a 3
2 Use of facsimile form. Using or P art and E lberta P eaches G rown in which requires that any contract, lease, attempting to use a form which simu California or other arrangement for the use of lates in whole or in part any official iden tification for the purpose of purporting INCREASE IN ELBERTA PEACH EXPENSES FOR equipment shall specify a period which shall not be less than 30 days;
1955-56 SEASON
to evidence the U. S. grade of any prod 2 That part of 207.4 a 5 read uct; or the unauthorized use of a fac On January 11,1956, notice of proposed ing: provided, however, that simile form which simulates in whole or rule making was published in the F ed 111Part any official grading or inspection eral R egister 21F. R. 221, that consid such compensation shall not be computed certificate, stamp, label, or other identieration was being given to a proposal re on the basis of any division or percentage ncation for the purpose of purporting to garding an increase in expenses pertain of any applicable rate or rates on any evidence a grade or other official inspec ing to Elberta peaches for the 1955-56 commodity or commodities transported in said vehicle or on a division or per tion mark; and period under the marketing agree centage of any revenue earned by said 3 Mislabeling. The use of any fiscal ment, as amended, and Order No. 36, as vehicle during the period for which the words, numerals, letters, or facsimile amended 7 CFR Part 936, regulating lease is effective.
orm which simulates in whole or in part the handling of fresh Bartlett pears, 3 Section 207.5 c which requires Joy identification purporting to be a srade when such product does not com plums, and Elberta peaches grown in the that drivers be changed at the point of ply with any recognized standards in State of California, effective under the interchange of vehicles on joint-line general use for such grade, and such Agricultural Marketing Agreement Act of movements, only insofar as the same ap plies to authorized carriers by motor activity may be deemed sufficient cause 1937, as amended 7 U. S. C. et seq..
After consideration of all relevant vehicle of passenger automobiles, com or debarring such person from any or matters presented, including the proposal mercial trucks, busses, and related m benefits of the act.
set forth in the aforesaid notice which vehicle traffic, and of perishable com wW
violation of the regulations. was submitted by the Control Committee modities in refrigerated equipment;
Dart vilation of the regulations in this established pursuant to said amended 4 That portion of 207.5 c 1
ft or te act, or the instructions or marketing agreement and order : It is immediately following the semicolon fiatoCatins issued by the Adminishereby ordered, That the provisions in therein, relating to drivers of special paragraph a 4 of 936.209 Expenses equipment used to transport articles or h Bacteriological analyses and other specified determinations with re spect to individual tests for one factor.
Add the following: