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CHAPTER IV-RURAL ELECTRIFICATION ADMINISTRATION, DEPARTMENT OF AGRICULTURE

N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates For general statutory of issuance, approval, or effectiveness, are obtained from the original document. provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C., Sup., 1002, 1003).

ABBREVIATIONS: The following abbreviations are used in this chapter:

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§ 400.4 Delegations of final authority.

(f) Authority has been delegated to Chief, Engineering Division (in addition to Deputy Administrator and Assistant Adminstrator).

(1) To approve construction contract amendments.

(2) To approve agreements involving less than three hundred dollars ($300) to move poles to avoid physical interference with telephone lines.

(3) To approve borrower's selection of engineer.

(4) To approve borrower's selection of architect. [Paragraph (f) amended Feb. 21, 1947, effective Feb. 15, 1947, 12 F.R. 1383]

(i) Authority to perform the following act has been delegated to the Chief, Management Division and to the Assistant Chief, Management Division:

(1) To execute releases of liens upon motor vehicles, and all other documents or instruments relating to such liens or releases thereof, including, without limitation, notices that the United States of America has such liens upon such motor vehicles. [Paragraph (i) amended Nov. 6, 1947, effective Oct. 31, 1947, 12 F.R. 7383]

(k) Authority to approve line construction materials contracts between borrowers and third parties "for Claude R. Wickard, Administrator", has been delegated to Chief, Engineering Division, to each Assistant Chief, Engineering Division, and the Head of the Construction Cost Analysis Section of the Engineering Division. (In addition to Deputy Administrator and Assistant Adminis-` trator.)

(1) Authority has been delegated to each Assistant Chief, Engineering Division and to the Head of the Construction Cost Analysis Section of the Engineering Division (in addition to Deputy Administrator, Assistant Administrator and Chief, Engineering Division):

(i) To approve Construction Contract Amendments "for Claude R. Wickard, Administrator".

(ii) To approve agreements involving less than three hundred dollars ($300) to move poles to avoid physical interference with telephone lines, "for Claude R. [Paragraph Wickard, Administrator." (k) amended Sept. 29, 1947, effective Sept. 22, 1947, 12 F.R.. 6523]

CHAPTER V-PRODUCTION AND MARKETING

ADMINISTRATION

(Diversion Programs) [Added]

N. B.: Dates appearing in the citations of source of documents codified in this chapter, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C., Sup., 1002, 1003).

NOTE: For organization, functions, and procedure of the Production and Marketing Administration, see 7 CFR, 1946 Supp., Chapter XXI, Subchapter C.

ABBREVIATIONS: The following abbreviations are used in this chapter:

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501.114 Termination of offer.

AUTHORITY: §§ 501.101 to 501.114, inclusive, issued under sec. 32, 49 Stat. 774, as amended; 7 U.S.C. 612c.

SOURCE: §§ 501.101 to 501.114, inclusive, contained in Program O/72a, Acting Secretary of Agriculture, Aug. 12, 1947, 12 F.R. 5535.

§ 501.101 Offer to make payments. The Secretary of Agriculture of the United States (referred to as the Secretary in this subpart), pursuant to clause (2) of section 32, Public Law No. 320, 74th Congress, as amended, will make payments, subject to the conditions set forth in this subpart, to holders of approved applications (referred to as proc

essors in this subpart) who will divert cotton from the normal channels of trade and commerce by manufacturing cotton insulation, or causing cotton insulation to be manufactured. If cotton insulation is to be manufactured by another for the processor's account under the "causing---to be manufactured" provision in this subpart, approval in writing from the Secretary or from his authorized representative must first be secured.

§ 501.102 Definitions of terms as used in this subpart. (Terms in the singular may be interpreted in the plural and terms in the plural may be interpreted in the singular.)

(a) "Processors" means individuals, firms, partnerships, corporations, associations, or other organizations.

(b) "Insulation" means insulating material which meets specifications approved by the Secretary or his authorized representative and referred to in the approved application (see § 501.110).

(c) "Cotton" means the following: (1) Lint cotton grown in the United States not less than 34 inches in staple and not lower in grade than the lowest grades in the universal standards for American upland cotton; (2) unreworked cotton card strips of qualities approved by the Secretary or his authorized representative; and (3) unreworked

cotton comber noils of qualities approved by the Secretary or his authorized representative.

(d) "Eligible recipients" mean individuals, firms, partnerships, corporations, associations, or other organizations who: (1) Are engaged in the distribution of insulation; (2) certify by affidavit that by reason of the receipt of insulation herein provided they will engage in the distribution of insulation; (3) use insulation for insulating or acoustical purposes either in real or personal property or in the manufacture of products for distribution; (4) if not covered by subparagraphs (1), (2), or (3) of this paragraph are approved by the Secretary or his authorized representative as eligible recipients of insulation under the program.

(e) "Backing material" means material to which the batt part of the insulation is attached or in which it is encased, used to repel moisture or vapor, or to serve as a nailing flange, or other structural function.

(f) "Manufacture" means: (1) In the case of insulation with backing material, and in the case of insulation not more than 24 inches wide without backing material, the processing of raw material to the point that the insulation is in form, and is packaged for delivery to recipients; or (2) In the case of insulation more than 24 inches wide without backing material, the processing of raw material to the point that insulation is in form and is packaged for delivery to vendees: Provided, It is delivered, shipped, or delivered to carrier for shipment to eligible recipients.

§ 501.103 Period of manufacture of insulation. Insulation must have been manufactured in the United States on or after the date of approval of the application and during the period from July 1, 1947, to and including June 30, 1948.

§ 501.104 Rate of payment. Rate of payment by the Secretary will be five and three-quarter (534) cents per pound of cotton, gross weight (as defined in this section), used in the manufacture of insulation.

§ 501.105 Changing specifications. With the consent of the processor and the Secretary or his authorized representative, specifications referred to in a particular application may be changed. Such new specifications shall apply only

to insulation manufactured after the change has become effective.

§ 501.106 Meeting specifications. Processors must certify that insulation manufactured under the approved application meets applicable minimum specification requirements. The insulation shall be subject to examination at the plant of manufacture or elsewhere as often as the Secretary or his authorized representative deems necessary. If on such examination it is found that minimum specifications for insulation are not being met, payments thereafter may be suspended until specification requirements are complied with. For purposes of examining and testing the material, samples shall be supplied without cost by the processor to the Secretary or his authorized representative.

§ 501.107 Packaging and marking. At the time of manufacture all insulation shall be securely packaged and marked with a serial number or with a symbol by which the individual package can be identified.

§ 501.108 Inspection. During the period of participating in the program as provided in this subpart, the establishment of the processor (and the establishment of others manufacturing insulation for the processor's account under the causing to be manufactured provision of this offer) shall be open to the Secretary or to his authorized representative or agent for observation of materials used, of insulation manufactured, and of compliance with other provisions of the program.

§ 501.109 Reports and cost data(a) Progress report. From time to time the processor shall submit reports containing information in connection with materials used, insulation made, and other data by which the progress of the program may be appraised, the time of submission and the kind of data to be as required by the Secretary or his authorized representative.

(b) Cost data. During the period of participating in the program the processor, in cases where insulation is manufactured by his plant, or if the processor is a corporation, also in the plants of its subsidiaries, shall from time to time upon written request supply to the Secretary or his authorized representative data with respect to individual costs of items relating to the man

ufacture and distribution of each of the various types of cotton insulation manufactured during specified future period (week, month, or other periods of time). Such reports will be considered as confidential by the Department of Agriculture. During the period for which cost data are requested, the processor shall maintain such cost records relating to cotton insulation as will disclose accurate data with respect to the information requested. Failure of the processor to supply requested information will give the Secretary or his authorized representative the right to suspend payments until such request is complied with.

§ 501.110 Applications. No processor shall be entitled to payments unless he has submitted an “Application" (Form CN-13-1), to use a specified quantity of cotton in the manufacture of insulation in connection with the "Cotton Insulation Program (Fiscal Year 1948)," and the Secretary or his authorized representative has, pursuant to the terms and conditions set forth in that application and in this offer, approved such application in whole or in part. No payment will be made on any quantity of cotton in excess of that for which an application is approved. More than one application may be approved for the same applicant. The right is reserved to reject any or all applications.

§ 501.111 Payment as manufacture is completed. Any part or parts of the quantity of cotton covered by an approved application may be separately manufactured into insulation and the Secretary will make payments in connection with such quantities in the same manner as if the total quantity of cotton covered by such application had been used in the manufacture of insulation.

§ 501.112 Claims for payment. No processor shall be entitled to payments in connection with the use of cotton in the manufacture of any particular insulation unless he shall submit in connection therewith on or before August 15,

1948, or during any extensions of such time made by the Secretary or his authorized representative, a claim in voucher form and shall furnish to the Secretary or to his authorized representative or agent such information as may be requested for the purpose of enabling him to determine that there has been compliance with the conditions of this offer and the approved application, and to determine the proper payment to be made. The processor shall make available to the Secretary or to his authorized representative or agent, for the purpose of verifying such information, any pertinent books, records, memoranda, documents, papers, and correspondence of the processor or of the processor's agents or representatives, which the Secretary or his authorized representative or agent may request. The determination of the Secretary as to pertinency shall be final.

§ 501.113 Bond. Within 30 days after approval of an application the processor will furnish a bond, in a form satisfactory to the Secretary or his authorized representative, guaranteeing repayment of any amounts which the Secretary may have paid to the processor and to which the processor was not entitled under the provisions of this offer. The amount of the bond shall be 10 percent of the total maximum payments which might become due under the application as approved. If such bond is not furnished withir the prescribed period of time (or within such period as extended by the Secretary or his authorized representative), the approval of the application shall be deemed revoked, without further notice by the Secretary or his authorized representative.

§ 501.114 Termination of offer. The Secretary reserves the right to terminate this offer at any time by giving public notice thereof. Such termination shall not affect any payments to be made pursuant to any application theretofore approved by the Secretary or his authorized representative.

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TITLE 7-AGRICULTURE

Subtitle A-Office of the Secretary of Agriculture.............

Subtitle B-Regulations of the Department of Agriculture:

Chapter

I-Production and Marketing Administration (Standards, In-
spections, Marketing Practices)..

Chapter III-Bureau of Entomology and Plant Quarantine, Department
of Agriculture....

Chapter

Chapter VI-Soil Conservation Service, Department of Agriculture...............
Chapter VII-Production and Marketing Administration (Agricultural
Adjustment)..

Chapter VIII-Production and Marketing Administration (Sugar Branch)..
Chapter IX-Production and Marketing Administration (Marketing
Agreements and Orders)..

Part

1

26

301

IV-Federal Crop Insurance Corporation, Department of Agri-
culture.....

400

600

701

801

900

Chapter

XI-Production and Marketing Administration (War Food Dis-
tribution Orders).

Note

Chapter XIII-Production and Marketing Administration (Surplus Prop

erty).....

1700

Chapter XV-Administrator, Research and Marketing Act [Added].... 1900 Subtitle C-Department Organizations and Functions:

Chapter XXI—Organization, Functions and Procedure......

2100

NOTE: Other regulations issued by the Department of Agriculture appear in Title 6, Title 9, Title 17, Chapter I, Title 32, Chapter VII, and Title 36, Chapter II.

Subtitle A-Office of the Secretary of Agriculture

N. B.: Dates appearing in the citations of source of documents codified in this subtitle, such as dates of issuance, approval, or effectiveness, are obtained from the original document. For general statutory provisions governing effective dates, validity, and constructive notice see section 7 of the Federal Register Act (49 Stat. 502; 44 U.S.C. 307) and sections 3 and 4 of the Administrative Procedure Act (60 Stat. 238; 5 U.S.C., Sup., 1002, 1003).

NOTE: For organization, functions and procedure of the Office of the Secretary of Agriculture, see 7 CFR, 1946 Supp., Part 2100.

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Price support of agricultural commodities. [Added]

10 Grain conservation. [Added]

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