(3) If the Presiding Officer of the Administrator receives an ex parte communication in violation of this paragraph (n), the individual who receives the communication shall place in the public record of the proceeding:

(i) Any such written communication; (ii) Memoranda stating the substance of such oral communication; and

(iii) Any written response, and memoranda stating the substance of any oral response to the ex parte communication.

(4) For purposes of this section ex parte communication means an oral or written communication not on the public record with respect to which reason

able prior notice to all parties is not given, but it shall not include requests for status reports on any matter or the proceeding.

$110.9 Miscellaneous.

In accordance with Section 3507 of the Paperwork Reduction Act of 1980 (44 U.S.C. 3507), the recordkeeping provisions in this rule have been approved by the Office of Management and Budget (OMB) and there are no new requirements. The assigned OMB control number is 0581-AA39.

PARTS 111-159 [RESERVED]

194-012 D-01--10

PART 160-REGULATIONS AND STANDARDS FOR NAVAL STORES

Sec.

GENERAL

160.1 Definitions of general terms. 160.2 Spirits of turpentine defined. 160.3 Rosin defined.

160.46

Identification of containers. 160.47 Periodic re-inspection. 160.48 Form of certificate.

160.49 Responsibility for inspection certificates and forms.

160.50 Reports to be made by accredited processors.

160.51 Report of non-conformance.

160.52 Suspension or revocation of licenses. 160.53 Stopping inspection by suspended inspector.

160.54 Suspension or revocation of permits. 160.55 Voluntary discontinuance of licensed inspection.

160.56 Compensation of licensed inspectors. 160.57 Fees for licensed inspection permits. 160.58 Fees for inspection and certification by licensed inspectors.

160.59 Appeal inspections.

160.60 Charge for appeal inspection.

CERTIFICATES AND REPORTS

160.61 Kinds of certificates issued.

160.20 More than one grade in a container.

160.21 Rosin not fit for grading.

160.22 Collecting samples; issuing certifi

160.63

160.62 When a certificate may be issued. When a certificate may not be issued. Issuance of loan and sale certificate. Prior certification required.

FEES AND CHARGES FOR SERVICES RENDERED 160.66 Fees for inspection services. 160.67 Fees under cooperative agreements. 160.68

Collection of fees.

160.69 Expenses to be borne by person requesting service.

160.70

Rendition of claims.

160.71 Delinquent claims.

LOAN AND CARE OF UNITED STATES
STANDARDS

160.73 Availability of standards.

160.74 Loan of standards without security. 160.75 Loan of standards under security de

posit.

160.76 Annual charge for use of standards. 160.77 Reporting on use of standards.

160.78 Loss or damage of standards.

160.79 Request for additional standards.

160.80 Denial of loan of additional standards.

160.81 Surrender of standards. 160.82 Return of security. 160.83 Miscellaneous receipts.

SPECIFIC FEES PAYABLE FOR SERVICES
RENDERED

160.201 Fees generally for field inspection and certification of naval stores and drum containers of rosin.

160.202 Fees generally for laboratory analysis and testing.

160.203 Fees for inspection and certification of other naval stores material. 160.204 Fees for extra cost and hourly rate service.

160.205 Permit fees for eligible processing plants under licensed inspection. AUTHORITY: 7 U.S.C. 94, 1624.

SOURCE: 11 FR 14665, Dec. 27, 1946, as amended at 17 FR 221, Jan. 9, 1952; 20 FR 6433, Sept. 1, 1955, unless otherwise noted.

GENERAL

§ 160.1 Definitions of general terms.

The terms as defined in section 2 of the Naval Stores Act shall apply with equal force and effect when used in the provisions in this part. In addition, unless the context requires otherwise, the terms hereinafter set forth shall be defined respectively as follows:

(a) Act: The Naval Stores Act of March 3, 1923 (42 Stat. 1435; 7 U.S.C. 91– 99).

(b) Department: The United States Department of Agriculture.

(c) Administrator: The Administrator of the Agricultural Marketing Service

of the Department, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead.

(d) Official inspector: Any person designated or licensed by the Secretary to sample, examine, analyze, classify or grade naval stores.

(e) Licensed inspector: A person licensed by the Administrator upon recommendation of an accredited processor to act as an official inspector with respect to naval stores produced at an eligible processing plant of such processor.

(f) Eligible processing plant: A plant which on examination by the Administrator has been found to be designed, operated, and staffed so as to permit proper samplings and inspections of the naval stores produced thereat, and where a substantial proportion of the output comes from oleoresin obtained from trees growing on land not owned or leased by the processor himself, or from oleoresin contained within felled trees or stumps removed from such land.

(g) Accredited processor: Any person owning or having charge of or jurisdiction over the operation of an eligible processing plant, to whom a permit has been issued under these regulations to have inspections of naval stores made by a licensed inspector.

(h) Interested person: Any person who is a party to a factual or prospective transaction in a specific lot of naval stores, whether as producer, seller, shipper, dealer, or purchaser thereof; or any person who in the opinion of the Administrator has sufficient and proper interest in the analysis, classification, grading, or sale of naval stores to merit the loan and use of duplicates of the United States Standards.

(i) Dealer: Any person who sells or ships in commerce any naval stores produced by a person other than himself.

(j) Cooperative agreement: A written agreement between the Department and any person specifying the conditions under which special inspection

personnel may be designated and procedures established, not otherwise available under existing inspection programs, in order to make possible a continuous, day-by-day inspection of naval stores for such person, or to provide facilities for carrying out experimental studies on authentic naval stores related to the inspection and marketing thereof.

(k) Standards: The official Naval Stores Standards of the United States for classification and grading of spirits of turpentine and rosin.

(1) Analysis: Any examination by physical, chemical, or sensory methods.

(m) Classification: Designation as to kind of spirits of turpentine or rosin.

(n) Grading: Determination of the grade of turpentine or rosin by comparison with the standards.

(0) Certificate: The official certificate issued under the provisions of the act and the provisions in this part to show the results of any examination, analysis, classification, or grading of naval stores by an official inspector.

(p) Label: Any word, combination of words, coined or trade name, picturization of any natural scene or article, or any limitation thereof, applied to, superimposed upon, impressed into, or in any other manner attached to a container of naval stores or other article coming within the scope of the act, by which the nature, kind, quality, or quantity of the contents of such container may be indicated.

(q) Container: Any receptacle in which naval stores are placed for inspection or distribution in commerce; includes barrel, drum, tank, tank car, bag, bottle, can, or other receptacle.

[11 FR 14665, Dec. 27, 1946, as amended at 17 FR 221, Jan. 9, 1952; 20 FR 6433, Sept. 1, 1955; 46 FR 47055, Sept. 24, 1981; 47 FR 3344, Jan. 25, 1982]

§ 160.2 Spirits of turpentine defined.

Spirits of turpentine, also commonly known as turpentine, is the colorless or faintly colored volatile oil consisting principally of terpene hydrocarbons of the general empirical formula C10 H16 and having a characteristic odor and taste. It occurs naturally in and may be recovered by distillation from the oleoresinous secretions obtained from

living trees of the family Pinaceae, or present in the cellular structure, or wood, of species thereof.

$160.3 Rosin defined.

Except as provided in § 160.15, rosin is the vitreous, well-strained, transparent, solid resin which (a) remains after the volatile terpene oils are distilled from (1) the oleoresin collected from living trees or (2) the oleoresin extracted from wood; or (b) remains after distillation of the fatty acids from tall oil recovered from wood in the course of its chemical disintegration to produce cellulose. In addition to the free resin acids, rosin may contain relatively small proportions of fatty acids, resin esters and other esters, unsaponifiable resenes, and nonresinous foreign matter naturally OCcurring therein.

$160.4 Reclaimed rosin.

Reclaimed rosin is rosin that has been recovered or reclaimed by any means from waste or deteriorated material: Provided, That such reclaimed product may be graded as rosin under the act and the provisions in this part only if the concentration of rosin acids therein has not been reduced below the concentration normal for rosin, and any residual or contaminating component remaining from the waste material itself or from any article used in the recovery process is not sufficient to cause the physical or chemical properties of the reclaimed product to differ substantially from the normal properties of rosin.

§ 160.5 Standards for naval stores.

In addition to the standards of identity for spirits of turpentine and rosin and the grade designations for rosin specified in the act, certain standards for naval stores have been promulgated by the Administrator pursuant to the act as indicated in § 160.301 et seq.

§ 160.6 Standard designations for turpentine.

Spirits of turpentine within the meaning of the act and the provisions in this part shall be designated as "gum spirits of turpentine," "steam distilled wood turpentine," "destructively distilled wood turpentine," or

"sulphate wood turpentine," as the case may be.

§ 160.7 Gum spirits of turpentine.

The designation "gum spirits of turpentine" shall refer to the kind of spirits of turpentine obtained by distillation of the oleoresin (gum) from living trees, and commonly known prior to the passage of the act as gum spirits, gum turpentine, spirits of turpentine, or oil of turpentine.

§ 160.8 Steam distilled wood turpentine.

The designation "steam distilled wood turpentine" shall refer to the kind of spirits of turpentine obtained by steam distillation from the oleoresinous

component of wood

whether in the presence of the wood or after extraction from the wood, and commonly known prior to the passage of the act as wood turpentine, steam distilled turpentine, steam distilled wood turpentine, or S. D. wood turpentine.

§ 160.9 Destructively distilled wood

turpentine.

The designation "destructively distilled wood turpentine" shall refer to the kind of spirits of turpentine prepared from the distillate obtained in the destructive distillation (carbonization) of wood, and commonly known prior to the passage of the act as destructively distilled wood turpentine or D.D. wood turpentine.

§ 160.10 Sulphate wood turpentine.

The designation "sulphate wood turpentine" shall refer to the kind of spirits of turpentine prepared from the condensates that are recovered in the sulphate process of cooking wood pulp, and commonly known as sulphate turpentine or sulphate wood turpentine.

$160.11 Quality requirements.

The several standards for spirits of turpentine, as defined in §§ 160.8 to 160.10, inclusive, shall be deemed to mean the respective kinds of spirits of turpentine having properties that conform with the standard specifications adopted therefor by the American Society for Testing Materials, contained in appendix A to this part.

(a) Rosin within the meaning of the act and the provisions in this part shall be designated as "gum rosin," "wood rosin," or "tall oil rosin," as the case may be.

(b) The designation "gum rosin" shall refer to the kind of rosin remaining after the distillation of gum spirits of turpentine from the oleoresin (gum) obtained from living pine trees.

(c) The designation "wood rosin" shall refer to the kind of rosin recovered after the distillation of the volatile oil from the oleoresin within or extracted from pine wood by any suitable process, followed by any necessary further refinement.

(d) The designation "tall oil rosin" shall refer to the kind of rosin remaining after the removal of the fatty acids from tall oil by fractional distillation, and having the characteristic form and appearance and other physical and chemical properties normal for other kinds of rosin.

§ 160.13 Grade designations for rosin.

The grades of rosin shall be designated, from highest to lowest, by the following letters, respectively: XC, XB, XA, X, WW, WG, N, M, K, I, H, G, F, E, D, B. In addition, the letters OP shall be used to designate the grade of opaque rosin, and the letters FF shall be used to designate the grade of normal wood rosin: Provided, That the product recovered in the refining of wood rosin, that is darker in color than the standard for FF grade, and that contains rosin acids in lesser quantity than is normal for such rosin, shall be graded and designated as B wood resin.

[11 FR 14665, Dec. 27, 1946, as amended at 17 FR 221, Jan. 9, 1952; 33 FR 8722, June 14, 1968] § 160.14 Opaque rosin.

The term "opaque rosin" shall apply to the article resulting when rosin undergoes internal modification indicated by a turbid, clouded, or opaque appearance, that is, loss of transparency, brought about by the occlusion of moisture or the formation of an excessive quantity of resin acid crystals in the rosin.