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Friday, August 9, 1957

FEDERAL REGISTER

Allotments and Normal Yields for the 1957 Crop of Rice published in the F ederal R egister on Saturday, Novem ber 3, 1956 21 F. R. 8430 entitled Re quest to preserve acreage history for the 1957 crop of rice is amended by chang ing the section number of said section from 730.821 to 730.831, Sec. 375, 52 Stai. 66; 7 U. S. C. 1375. In terpret or apply secs. 356, 377, 52 Stat. 62, sec.
307, 70 Stat. 206; 7 U. S. C. 1356, 1377

Done at Washington, D. C., this 6th day of August 1957. Witness my hand and seal of the Department of Agriculture.
seal
T rue . M orse,
Acting Secretary of Agriculture.
F. R. Doc. 57-6535; Filed, Aug. 8, 1957;
8:51 a. m.

Chapter IX Agricultural Marketing Service Marketing Agreements and Orders, Department of Agriculture Peach Order 1

P art
940P eaches County
of
G rown in M esa, C olo.

the
REGULATION BY GRADES AND SIZES

940.309 Peach Order 1 a Find ings. 1 Pursuant to the marketing agreement, as amended, and Order No.
40, as amended 7 CFR Part 940, regu lating the handling of peaches grown in the County of Mesa in the State of Colorado, effective under the applicable provisions of the Agricultural Marketing Agreement Act of 1937, as amended 7
U. S. C. 601 et seq.; 68 Stat. 906, Í047, and upon the basis of the recommenda tions of the Administrative Committee, established under the aforesaid amended marketing agreement and order, and upon other availaBle information, it is hereby found that the limitation of ship ments of such peaches, as hereinafter provided, will tend to effectuate the de clared policy of the act.
2 It is hereby further found that it is impracticable and contrary to the pub lic interest to give preliminary notice, engage in public rule-making procedure, and postpone the effective date of this regulation until 30 days after publication hereof in the F ederal R egister 60 Stat.
237; 5 U. S. C. 1001 et seq. in that, as hereinafter set forth, the time interven ing between the date when information upon which this regulation is based be came available and the time when this regulation must become effective in order to effectuate the declared policy of the act is insufficient; a reasonable time is permitted, under the circumstances, for preparation for such effective time; and good cause exists for making the provi sions hereof effective not later than Au gust 10, 1957. A reasonable determina tion as to the supply of, and the demand for, such peaches must await the devel opment of the crop and adequate infor mation thereon was not available to the Administrative Committee until July 26, 1957; recommendations as to the need for, and the extent of, regulation of ship
6377

ments of such peaches were made by said aforesaid United States Standards for committee on July 26, 1957, after con Peaches.
sideration of all information then availa Sec. 5, 49 Stat. 753, as amended; 7 TJ. S. C.
ble relative to the supply and demand 608c conditions for such peaches, at which Dated: August 6, 1957.
time the recommendations and support ing information were submitted to the seal F loyd F. H edlund, Department, and made available to grow Acting Director, Fruit and Vege ers 8nd handlers; necessary supplemen table Division, Agricultural tal information was not available to the Marketing Service.
Department until July 29, 1957; ship F. R. Doc. 57-6531; Filed, Aug. 8, 1957;
ments of some of the early varieties of 8:50 a. m.
the current crop of peaches have begun, in light volume, and shipments in heavy volume are expected to begin shortly, TITLE 8 ALIENS AND
and this regulation should be applicable, NATIONALITY
insofar as practicable, to all shipments of such peaches in order to effectuate the Chapter I Immigration and Natural declared policy of the act; and compli ization Service, Department of ance with this regulation will not re Justice quire of handlers any preparation there for which cannot be completed by the I mmigrant D ocumentary R equirements effective time hereof.
b Order. 1 During the period be The following amendments to Chapter ginning at 12:01 a. m., M. s. t., August 10, I of Title 8 of the Code of Federal Regu 1957, and ending at 12:01 a. m., M. s. t., lations are hereby prescribed:
Part 211 is amended to read as follows:
October 31, 1957, no handler shall ship:
i Any peaches of any variety which P art 211D ocumentary R equirements :
do not grade at least U. S. No. 1 except I mmigrants; W aivers that an additional tolerance of ten 10 Sec.
211.1
Visas.
percent shall be allowed for hail injury:
Provided, That, such additional toler 211.2 Passports.
Au t h o r it y : 211.1 and 211.2 issued under ance shall not include more than five 5 percent hail injury causing serious sec. 103, 66 Stat. 173; 8 U. S. C. 1103. Inter damage: And Provided, further, That, pret or apply secs. 211, 212, 222, 235, 66 Stat.
the tolerances specified in such grade 181, 183, 193, 198; 8 U. S. C. 1181, 1182, 1202, and the additional tolerance specified 1225.
herein shall be applied in accordance 211.1 Visas. A valid unexpired im with the application of tolerances speci migrant visa shall be presented by each fied in the United States Standards for arriving immigrant alien except an im Peaches, as recodified 7 CFR 1210-1223; migrant who a was born subsequent to 18 F. R. 7176 ;
the issuance of an immigrant visa to his ii Any peaches of the Early Elberta, accompanying parent and applies for ad Gleason Elberta, Sullivan Elberta, or mission during the validity of such a Golden Jubilee varieties which are of a visa, or b is returning to an unrelin size smaller than 2 inches in diameter: quished lawful permanent residence Provided, That any lot of peaches shall after a temporary absence abroad 1
be deemed to be of a size not smaller than not exceeding one year and presents a 2 inches in diameter a if not more than Form 1-151 alien registration receipt 10 percent, by count, of the peaches in card duly issued to him or 2 presents such lot are smaller than 2 inches in a valid unexpired reentry permit duly diameter; and b if not more than 15 issued to him, or 3 satisfies the district percent, by count, of the peaches con director in charge of the port of entry tained in any individual container in that there is good cause for the failure such lot are smaller than 2 inches in to present the required document, in diameter; or which case an application for waiver iii Any varieties of peaches other shall be made on Form 1-193.
than the Early Elberta, Gleason Elberta, 211.2 Passports. A valid unexpired Sullivan Elberta, and Golden Jubilee passport shall be presented by each ar varieties which are of a size smaller than riving immigrant except an immi 2 Va inches in diameter: Provided, That grant who a is alien the spouse, parent or any lot of peaches shall be deemed to be urpnarried son or daughter of a United of a size not smaller than 2 Vs inches in States citizen, or b is the spouse or diameter a if not more than 10 per unmarried son or daughter of an alien cent, by count, of thepeaches in such lot lawful permanent resident of the United are smaller than 2% inches in diameter; States, or c is returning to an unrelin and b if not more than 15 percent, by quished lawful permanent residence in count, of the peaches contained in any the United States after a temporary ab individual container in such lot are sence abroad, or d is a stateless person or a person who because of his smaller than 2 Vs inches in diameter.
3 Definitions. As used h e r e i n , opposition to Communism is unwilling or to obtain a passport from the peaches, handler, ship, and varie unable country of his nationality, or e is a ties shall have the same meaning as first-preference quota immigrant, or f when used in the aforesaid amended satisfies the district director in charge marketing agreement and order; U. S. of the port of entry that there is good No. 1, hail injury, diameter, seri cause for failure to present the required ous damage, and count shall have document, in which case an application the same meaning as when used in the for waiver shall be made on Form 1-193.