ceedings before the Department, the parties may appear in person or by counsel or other representative. Persons who appear as counsel or in a representative capacity at a hearing must conform to the standards of ethical conduct required of practitioners before the courts of the United States. Whenever the Secretary finds, after notice and opportunity for hearing, that a person who is acting or has acted as counsel or representative for another person in any proceeding before the Department is guilty of unethical conduct, he will order that such person be precluded from acting as counsel or representative in any proceeding before the Department.

(2) No former officer or employee of the Department shall be permitted to represent any person before the Department in connection with any particular matter as to which by reason of his employment he acquired personal knowledge of such a nature that it would be improper, unethical, or contrary to the public interest for him so to act.

(3) This paragraph shall not be construed to prevent any former officer or employee of the Department from appearing as a witness in any hearing, investigation, or other proceeding before the Department.

(b) Statutory provisions. (1) Officers and employees of the Federal Government are prohibited from:

(1) Prosecuting, or acting as counsel, attorney, or agent for prosecuting, any claim against the United States, or in any way, otherwise than in the discharge of their official duties, aiding or assisting in the prosecution or support of any such claim, or receiving any gratuity or share in the claim therefor.

(ii) Directly or indirectly receiving or agreeing to receive any compensation whatever for any services rendered or to be rendered to any person, either by themselves or others, in relation to any proceeding, contract, claim, controversy, charge, accusation, arrest, or other matter or thing in which the United States is a party or directly or indirectly interested, before any department, court-martial, bureau, officer, or any civil, military, or naval commission whatever.

(2) Officers and employees engaged in settlement of contracts under the Contract Settlement Act of 1944 may, as part of their official duties, advise and assist war contractors in preparing and presenting termination claims, in obtaining interim financing and in related matters.

(3) Former officers and employees of the Federal Government are prohibited, for a period of two years after termination of employment, from:

(i) Acting as counsel, attorney, or agent for, or in any way aiding in, prosecuting any claim against the United States which was pending in any Federal agency while they were serving as such officers or employees.

(ii) Prosecuting, or acting as counsel, attorney, or agent for prosecuting, any claim against the United States involving any subject matter directly connected with which such person was so employed or performed duty.

(4) No person employed by any Government agency shall, during the period such person is engaged in such employment or service, or for a period of two years after the time when such employment or service has ceased, act as counsel, attorney, or agent, or be employed as representative, in connection with any matter involving the disposition of surplus property by the agency in which such person was employed, if such person during his employment with such agency ratified, approved, or authorized the disposition of any surplus property pursuant to the provisions of the Surplus Property Act of 1944 or recommended any such approval, authorization, or ratification as part of his official duties.

(5) The provisions of this paragraph are taken from statutes which provide for fines up to $10,000 or imprisonment up to two years for violation. Subparagraph (1), (3) (ii), and (4) of this paragraph are specifically applicable to commissioned officers assigned to duty in any Federal agency. (R.S. 161, secs. 109, 113, 35 Stat. 1107, 1109, as amended, secs. 19 (a), 27, 58 Stat. 667, 781; 5 U.S.C. 22, 18 U.S.C. 198, 203, 41 U.S.C. Sup. 119, 50 U.S.C. App., Sup., 1636) [Reg., May 8, 1947, 12 F.R. 3169]

Sec.

PART 4-OIL AND GAS LEASES

4.1 Oil and gas rights to which the regulations in this part apply. [Revised] 4.2 Policy as to development. [Amended]

AUTHORITY: §§ 4.1 and 4.2 issued under 39 Stat. 1150, 60 Stat. 1062; 16 U.S.C. 520. 40 Ops. Att'y. Gen. No 7, April 2, 1941.

SOURCE: §§ 4.1 and 4.2 contained in Regulations, Secretary of Agriculture, Jan. 20, 1947, 12 F.R. 489.

§ 4.1 Oil and gas rights to which the regulations in this part apply. The regulations promulgated are applicable to oil and gas rights owned by the United States and under the jurisdiction of the Department of Agriculture or any agency thereof. They are not applicable to oil and gas rights in (a) lands with respect to which the mineral functions were transferred to the Secretary of the Interior for administration pursuant to Reorganization Plan No. 3 of 1946 (3 CFR, 1946 Supp., Chap. IV); (b) lands reserved from the public domain or acquired by exchange pursuant to the act of March 20, 1922 (42 Stat. 465; 16 U.S.C. 485, 486), as such lands are subject to the laws applicable to the public domain and the authority to execute such laws is vested in the Secretary of the Interior; or (c) lands acquired by any agency under the supervision of the Farm Credit Administration.

Information as to the lands and mineral rights as to which the regulations in this part apply can be obtained from the local forest supervisor or from the State Director of the Farmers Home Administration.

§ 4.2 Policy as to development. (a) In lands subject to the provisions of the Farmers Home Administration Act of 1946 (60 Stat. 1062), the Secretary will issue leases for general development of oil and gas resources upon his determination that such leases are for the best interests of the United States. [Paragraph (a) amended]

§ 7.5 Matters to be covered by petitions and evidence in support thereof. Any petition requesting decontrol on the basis that the commodity is no longer in short supply must contain analyses and written evidence directed to a showing that supply of the commodity equals or exceeds requirements for the current marketing season. * Any petition

requesting decontrol on the basis of the nonimportance of the commodity must contain analyses and written evidence directed to a showing that the commodity is not important in relation to either business costs or living costs.

CODIFICATION: Regulations, Acting Secretary of Agriculture, Jan. 6, 1947, effective Jan. 1, 1947, 12 F.R. 175, amended the first sentence of § 7.5, and added a sentence, as set forth above.

CERTIFICATION

$7.50 Certification of agricultural commodities in short supply.

NOTE: 7.50 was modified in the following respects during the period covered by this Supplement:

1. Regulation, Secretary of Agriculture, Dec. 31, 1946, 12 F.R. 60, determined that the following commodities were no longer in short supply: Grain sorghums including all food and feed products thereof except protein meals, sweeteners and oil, red clover, alsike clover, sweet clover and alfalfa seeds, millfeeds and other grain by-products except protein meals, feed screenings, cattle and calves for slaughter, sheep and lambs, mohair, candy and confectionery, soft drinks and soft drink powders, dessert powder and

gelatin, distilled spirits, malt beverages, and canned fish flakes.

2. Regulation, Secretary of Agriculture, Jan. 31, 1947, 12 F.R. 825, determined that the following commodities were no longer in short supply: Corn including all food and feed products thereof except protein meals, sweeteners, and oil.

3. Regulation, Acting Secretary of Agriculture, Feb. 27, 1947, 12 F.R. 1475, determined that the following commodities were no longer in short supply: Skim milk including all food or feed products thereof, gum turpentine, fresh and frozen fish of the following species: Maine sardines, tuna, yellowtail, bonito, other tuna-like fish, and pilchards.

4. Regulation, Acting Secretary of Agriculture, March 31, 1947, 12 F.R. 2215, determined that no modification be made in the certification of commodities in short supply.

5. Regulation, Acting Secretary of Agriculture, May 1, 1947, 12 F.R. 3049, determined that the following commodities were no longer in short supply: Milk and butterfat.

6. Regulation, Secretary of Agriculture, May 29, 1947, 12 F.R. 3651, determined that no modification be made in the certification of commodities in short supply.

ADJUSTMENTS IN MAXIMUM PRICES

§ 7.60 Removal of maximum prices on agricultural commodities not important in relation to business costs or living costs. It is hereby determined that no recommendation should be, and none is, made that maximum prices be removed on any agricultural commodity for the reason that it is not important in relation to business costs or living costs pursuant to section 1A (e) (2) (B) of said act. [Reg., Dec. 31, 1946, 12 F.R. 61] (Pub. Law 548, 79th Cong.)

PART 9-PRICE SUPPORT OF AGRICULTURAL COMMODITIES [ADDED]

Sec.

9.1 Hogs.

9.3 Chickens and turkeys.

AUTHORITY: §§ 9.1 and 9.3 issued under sec. 4 (a), 55 Stat. 498, as amended; 15 U.S.C., Sup., 713a-8.

CROSS REFERENCE: For statement of policy with respect to price support of 1947 hemp crop, see Title 6, Part 298, supra.

§ 9.1 Hogs. The support price for good and choice barrow and gilt butcher hogs for the period April 1, 1947, through September 30, 1947, shall average, on an annual basis with seasonal variations, $15.60 per hundred pounds at Chicago with appropriate differentials for other markets. [Reg., Apr. 15, 1947, 12 F.R. 2551]

[Preceding section, in small type, superseded by following section during period covered by this Supplement]

§ 9.1 Hogs.

The support price for good and choice barrow and gilt butcher hogs for the period October 1, 1947, through March 31, 1948, shall average, on an annual basis with seasonal variations, $16.15 per hundred pounds at Chicago with appropriate differentials for other markets. [Reg., Nov. 3, 1947, 12 F.R. 7281]

§ 9.3 Chickens and turkeys. Chickens (excluding chickens weighing less than 31⁄2 pounds live weight and all broilers) and turkeys (with purchases of turkeys of the 1947 crop limited to the period October 1947 through January 1948 and purchases of the 1948 crop limited to the period October 1948 through December 1948): 90 percent of the parity price, but in no event less than specified prices to be announced from time to time. [Reg., Feb. 17, 1947, 12 F.R. 1187] [Preceding section, in small type, superseded by following section during period covered by this Supplement]

§ 9.3 Chickens and turkeys. Chickens (excluding chickens weighing less than 31⁄2 pounds live weight and all broilers) and turkeys (with purchases of turkeys of the 1947 crop limited to the period September 1947 through January 1948 and purchases of the 1948 crop limited to the period September 1948 through December 1948): 90 percent of the parity price, but in no event less than specified prices to be announced from time to time. [Reg., Aug. 19, 1947, 12 F.R. 5689]

NOTE: Statement, Acting Secretary of Agriculture, Oct. 13, 1947, 12 F.R. 6807, sets forth the policy in regard to price support of turkeys, as follows: The United States Department of Agriculture will support the price of 1947 crop turkeys from September 1, 1947, through January 31, 1948. If price support operations become necessary to give producers a price of not less than 90 percent of parity, such support will be accomplished through purchases of frozen, New York dressed turkeys.

Purchases will be limited to turkeys purchased and dressed after August 30, 1947. Certification must be made by each vendor other than a producer or producer agent that during the period September 1, 1947 to the date of purchase by Commodity Credit Corporation from such vendor that he processed the turkeys sold and that he paid all producers not less than announced producer live prices for all turkeys purchased by him from producers. He must further certify that in the event he has procured live turkeys from a country procurer that such procurer has provided him with a certification that producers have been paid announced live prices for all turkeys purchased by him dur

ing the period September 1, 1947, to the date of sale to the processor. In the case of purchases from a vendor who buys from producers on a dressed weight basis, as is the practice of many Western processors, certification must be made that, during the period September 1, 1947 to the date of purchase by Commodity Credit Corporation from such vendor, he paid dressed prices reflecting announced live prices. Vendor's processing cost records must be available, for a period of three years during business hours, to substantiate his certification.

Support prices are for Grade A and Grade B turkeys packed in box-packed commercially accepted containers. Turkeys packed in barrels, drums or other containers of this type will not be purchased. Announced producer and purchase prices are:

The above are Grade A dressed prices for boxpacked turkeys at the point of purchase. Turkeys packed in barrels, drums, or other containers of this type will not be purchased.

Grade B prices will be 3.0 cents a pound less on all classes, live and dressed.

Turkeys of lower than Grade B quality will not be purchased.

In announcing prices the United States will be divided into four zones as follows:

Zone I: Idaho, Montana, Nevada, Utah, Wyoming, Colorado, Arizona, New Mexico, Oklahoma, Texas, Arkansas and Louisiana.

Zone II: Washington, Oregon, California, North Dakota, South Dakota, Nebraska, Kansas, Minnesota, Iowa, Missouri, Mississippi, Alabama, Georgia, South Carolina and Florida.

Zone III: Wisconsin, Michigan, Illinois, Indiana, Ohio, Kentucky, Tennessee, West Virginia, Virginia, Maryland, Delaware, and North Carolina.

Zone IV: Maine, New Hampshire, Vermont, New York, Massachusetts, Connecticut, Rhode Island, Pennsylvania and New Jersey.

CROSS REFERENCE: For statement of policy with respect to purchase of fowl of the 1947 crop, see Title 6, Part 299, supra.

PART 10-GRAIN CONSERVATION

[ADDED]

§ 10.1 Distribution and use of grain for the manufacture of distilled spirits or neutral spirits for beverage purposes(a) Definitions. (1) "Grain" means corn, wheat, grain sorghums, barley, rye, granular wheat flour, granular rye flour, or any other grain or grain product used by a distiller in the manufacture of distilled spirits or neutral spirits for beverage purposes.

(2) "Distilling plant" means any plant engaged in the business of manufacturing distilled spirits or neutral spirits for beverage purposes.

(3) "Distiller" means any person operating one or more distilling plants.

(4) "Wheat" means all classes of wheat and includes whole grain, grits, flakes, and starch material derived from wheat.

(5) "Average monthly base period use" means one-fourth of the quantity of grain and grain products used in a particular distilling plant during the period December 1, 1946, to March 31, 1947, as certified by the Alcohol Tax Unit, Internal Revenue Bureau, Treasury Department.

(6) "Daily mashing capacity" means one-fifth of the quantity of grain mashed in a particular distilling plant in any five consecutive calendar days during the period January 1, 1945, to October 25, 1947, both inclusive, as certified by the Alcohol Tax Unit, Internal Revenue Bureau, Treasury Department.

(7) "Person" means any individual, partnership, association, business trust, corporation, or any organized group of persons whether incorporated or not.

(8) "Administrator" means the Administrator, Production and Marketing Administration, United States Department of Agriculture.

(b) Government-owned or operated plants. No distilling plant owned or operated by the United States Government or by any agency or instrumentality thereof shall, during the effective period of this order, use grain or grain products in the manufacture of distilled spirits or neutral spirits for beverage purposes.

(c) Grain quotas. Subject to the provisions of paragraph (b) of this section no distilling plant shall, during the effective period of this order, use grain or grain products in the manufacture of

distilled spirits or neutral spirits for beverage purposes in excess of the greatest quantity as computed under subparagraphs (1) or (2) of this paragraph:

(1) 21 percent of the average monthly base period use of such distilling plant, plus 1.4 times the daily mashing capacity of such distilling plant, minus all quantities of grain and grain products used in such distilling plant for such purpose during the period October 25, 1947, to December 30, 1947, both inclusive, or

(2) 6,000 bushels, minus all quantities of grain and grain products used in such distilling plant for such purpose during the period October 25, 1947, to December 30, 1947, both inclusive. The quota for each distilling plant eligible to receive a quota under the terms of this order, calculated in accordance with the above formula, is set forth in Appendix A of this section. All figures appearing in Appendix A are subject to correction and adjustment by the Administrator on account of errors or omissions.

(d) Use of wheat prohibited. No distilling plant shall, under any quota calculated in accordance with this order or otherwise, use wheat or wheat products in the manufacture of distilled spirits or neutral spirits for beverage purposes.

(e) Transfer of quotas. (1) Any quota calculated under paragraph (c) (1) of this section or any part of such quota may be used in any distilling plant operated by the distiller to whom such quota is applicable. No such quota shall be transferred to any plant not operated by such distiller.

(2) No quota calculated under paragraph (c) (2) of this section may be transferred.

(f) Records and reports. (1) Every distiller shall, on or before January 10, 1948, mail a report to the Administrator showing, for each plant operated by him, the amounts and kinds of grain used for the manufacture of distilled spirits or neutral spirits for beverage purposes from October 25, 1947, to December 30, 1947, and shall mail a similar report on or before February 10, 1948, showing such use in each such plant during the effective period of this order.

(2) Every distiller shall on or before January 2, 1948, file with the Administrator a statement showing, for each plant operated by him, the total quantity of grain and grain products used during each month of the base period