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VOLUME 24 M; 1934 ¿ y NUMBER 146 * Ü M iT tD ’ Washington, Tuesday, July 28, 1959

NOW, THEREFORE, by virtue of the CONTENTS Title 3— THE PRESIDENT authority vested in me as President of the United States, I hereby approve such THE PRESIDENT Executive Order 10830 seal as the official seal of the President’s Executive Order Page ESTABLISHING A SEAL FOR THE Council on Youth Fitness. Establishing a seal for the Presi­ PRESIDENT’S COUNCIL ON YOUTH dent’s Council on. Youth Fit- FITNESS ness__------5985 WHEREAS the Chairman of the EXECUTIVE AGENCIES President’s Council on Youth Fitness has caused to be made, and has recommended Agricultural Marketing Service that I approve, a seal of office for the Proposed rule making: President’s Council on Youth Fitness, Almonds grown in California— 6005 the design of which accompanies and is Figs, dried; produced in Cali­ hereby made a part of this order, and fornia______6005 which is described as follows: Milk; in Minneapolis-St. Paul marketing area______6006 On a light ljlue disc edged gold, an Potatoes, Irish; grown in Colo­ open book with red binding, parchment- rado; Area 3____— ——_— 6005 color pages edged gold with suggested Rules and regulations: black lettering, the sinister section of the Avocados ; prohibition of certain book surmounting a gold torch inflamed imports______i------5996 in natural colors all within an. open Grain inspection in Canada----- 5985 wreath of green laurel leaves and in up­ Milk in northeastern Ohio mar­ per dexter a gold cloud issuing gold rays, keting area______5987 all encircled by the inscription “Presi­ dent’s Council on Youth Fitness July 16, Agriculture Department 1956” in gold letters; See Agricultural Marketing Serv­ D w ight D. E isenhow er ice; Farmers Home Administra­ AND WHEREAS it appears that such tion. T he W h ite H ouse, seal is of suitable design and appropriate July 24, 1959. Army Department for establishment as the official seal of See Engineers Corps. the President’s Council on Youth [F.R. Doc. 59-6221; Filed, July 24, 1959; Fitness: 11:36 ajn.] Atomic Energy Commission Notices : Division of General Dynamics products thereof (7 CFR, Part 68, Sub­ Corp.; filing of. application Title 7— AGRICULTURE part A, as amended), are hereby amend­ for utilization facility export Chapter I— Agricultural Marketing ed as follows: license______¿r___ 6016 Service (Standards, Inspections, § 68.4 [Amendment] Civil Aeronautics Board Marketing Practices), Department 1. Section 68.4(b) is amended to read: Notices: Dollar Lines, Ltd.; hearing____6016 of Agriculture (b) Inspection under the regulations may be provided for commodities shipped Coast Guard PART 68 — REGULATIONS AND Notices: STANDARDS FOR INSPECTION AND or received in interstate commerce, and may also be provided for commodities Approval and termination of CERTIFICATION OF CERTAIN AGRI­ at important central markets and other approval of equipment, in­ CULTURAL COMMODITIES AND places designated by the Director when stallations, or materials and PRODUCTS THEREOF he determines that such inspection will change in name of manufac­ facilitate the marketing, distribution, turer._____ .______—. — 6009 Subpart A— Regulations processing, and utilization of agricul­ Commerce Department G rain I nspection in Canada tural products through commercial See Federal Maritime Board. channels. This may include the inspec­ Pursuant to sections 203 and 205 of tion under the official grain standards of Customs Bureau the Agricultural Marketing Act of 1946, Rules and regulations: the United States (Part 26, Subpart B, of Customs Port of Brownsville, as amended (7 U.S.C. 1622, 1624), the this chapter) at designated places in regulatiohs and schedule of fees and Texas; extension of limits— 5998 charges for inspection and certification Canada of grain produced in the United Imported merchandise; infor­ of certain agricultural commodities and (Continued on p. 5987) mal entries------5999 5985 5986 RULES AND REGULATIONS

CONTENTS—Continued CONTENTS—Continued Federal Maritime Board ^s® Securities and Exchange Com- Fase FEBEMIJpEGISTER Notices: mission— Continued ’ i/WlTEO’1934 American President Lines,"Ltd.; Notices—C6ntinued } hearing______- 6015 Hearings, etc.—Continued Federal Power Commission Barton Distilling Co______6018 Published daily, except Sundays, Mondays, Notices: Cerro De Pasco Corp______6018 and days following official Federal holidays, Trepac Corporation of Amer- by the Office of the Federal Register, National Hearings, etc.: , Archives and Records Service, General Serv­ Carter-Jones Drilling Co., v ica______6019 ices Administration, pursuant to the au­ Inc., et al______6016 Proposed rule making: thority contained in th e Federal Register Act, Manufacturers Light and Investment Company Act; defi­ approved July 26, 1935 (49 Stat. 500, as Heat Co___...... — 6017 nition of beneficial owner­ amended; 44 U.S.C., ch. 8B), under regula­ ship______6008 tions prescribed by thevAdministrative Com­ Federal Trade Commission mittee of the Federal Register, approved by Rules and regulations: Small Business Administration the President. Distribution is made only by Cease and desist orders : Notices : the Superintendent of Documents, Govern­ Ford, Charles & Associates of California; declaration of dis­ ment Printing Office, Washington 25, D.C. the Midwest, Inc., et al— 5997 aster area______N___._6019 The FedeeAl R egister will be furnished by Gomez, Charles F., et al-----5998 Delegations of-authority relat­ mail to subscribers, free of postage, for $1.50 ing to financial assistance: per month or $15.00 per year, payable in Food and Drug Administration advance. The charge for individual copies A tla n ta Regional Office; (minimum 15 cents) varies in proportion to Proposed rule making : Chief, Loan Liquidation the size of the issue. Remit check or money Pesticide chemicals in or on raw Section______6020 order, made payable to the Superintendent agricultural commodities; fil­ B oston Regional Office; of Documents, directly to the Government ing of petition for establish- - Chiefs: Printing Office, Washington 25, D.C. ment of tolerances for resi­ Financial Assistance Divi- The regulatory material appearing herein dues of diuron___— z.— —— 6008 sion_-______:____ .._____ 6020 is keyed to the Code op F ederal R egulations, which is published, under 50 titles, pursuant Health, Education, and Welfare Loan Administration Sec­ to section 11 of the Federal Register Act, as Department tion______i ____ 6020 amended August 5, 1953. The Code op F ed­ Loan Processing Section_ 6020 eral R egulations is sold by the Superin­ See Food and Drug Administra­ Dallas Regional Office; Branch tendent of Documents. Prices of books and tion. Manager, Oklahoma City, pocket supplements vary. Interior Department Okla_i______6021 There are no restrictions on the re­ See Land Management Bureau; Detroit Regional Office; Chief, publication of material appearing in the Processing Section______6022 F ederal Register, or th e Code op F ederal National Park Service. R egulations. Interstate Commerce Commis­ Treasury Department sion See Coast Guard; Customs Bureau. Notices: CODIFICATION GUIDE CFR SUPPLEMENTS Motor carrier transfer proceed- (As of January 1, 1959) ings_.______6022 A numerical list of the parts of the Code Rules and regulations : \ of Federal Regulations affected by documents published in this issue. Proposed rules, as The following Supplements are now Locomotive inspection other than steam locomotives and opposed to final actions, are identified as available: such. appurtenances; approval of A Cumulative Codification Guide covering Titles T —3 ($1.00) form for reporting of inspec­ the current month appears at, the end of each tions------6003 issue beginning with the second issue of the General Index ($0.75) United 'States safety-appliance month. standards

i Tuesday, July 28, 1959 FEDERAL REGISTER 5987 thousand bushels or fraction thereof, The amendments shall become effec­ CODIFICATION GU1DE- -Con. with a minimum of $5.00 per lot; tive on the 28th of July 1959. (iv) For a submitted sample or pack­ R oy W. L ennartson, 19 CFR , page age of grain, $3.00 per sample or pack­ 1 ______L. ______5998 Deputy Administrator, age; Agricultural Marketing Service. 8______- 5999 (v) For all lots of grain other than 21 CFR those referred to in subdivisions (i), (ii), July 23,1959. Proposed rules: (iii), and (iv) of this subparagraph, $2.00 [F.R. Doc.' 59-6197; Filed, July 27, 1959; 120__ :______— 6008 per thousand bushels or fraction thereof, 8:52 a.m.] with a minimum fee of $5.00 per lot. 33 CFR (2) In addition, charges will be made 203 ______5999 for overtime, if any, and travel, if any, Chapter IX— Agricultural Marketing 204 ______5999 to points where no inspector is stationed, at rates fn accordance with those pre­ Service (Marketing Agreements and 36 CFR scribed in paragraph (a) (3) of this Orders), Department of Agriculture 20 ______5999 section. SUBCHAPTER A — MARKETING ORDERS 41 CFR b. Section 68.42a(a) (3) is amended to ■ [Milk Order 75] Proposed rules: read: 201______- 6007 PART 960— MILK IN AKRON-STARK (3) The fees provided for in subpara­ 43 CFR graphs (1) and (2) of this paragraph COUNTY, OHIO, MARKETING AREA Public land orders: cover sampling, testing (including labor­ PART 975— MILK IN NORTHEASTERN 293 (see PLO 1914) ------6000 atory tests required by the usual specifi­ OHIO MARKETING AREA 712 (revoked in part by PLO cations), and certificating commodities 1920) — ______6001 and products for quality specifications Order Amending Order 1017 (revoked by PLO 1921) __ 6001 during the regular torn- of duty of the Sec. 1199 (see PLO 1921)______6001 inspector, atrpoints where inspectors are 975.0 Findings and determinations. 13^5 (see PLO 1917)----- .------6001 ^located. There will be added to the fees 1914 ______6000^ charged under those subparagraphs Definitions 1915 ______6000 975.1 Act. charges for overtime, if any, at the rate 9715.2" Secretary. 1916______6000 of $5.80 per hour, and additional fees in 975.3 Department of Agriculture. 1917______6001 accordance with paragraph' (c) of this 975.4 Person. 1918— ______6001 section to cover laboratory tests other 975.5 Northeastern Ohio marketing area, 1919______6001 than those required by usual specifica­ 975.6 Handler. 1920______— 6001 tions. At points where no inspector is 975.7 Producer. 1921______— _ 6001 located, further charges will be made 975.8 Pool plant. 1922______6002 975.9 Nonpool plant. in accordance with paragraph (e) of this 975.10 Producer milk. 49 CFR section- to cover fees paid to licensed 975.11 Other source milk. 91______„ 1 ______6003 samplers for obtaining samples, and 975.12 Fluid milk product. 131— ______— L'— _ 6004 charges to cover standby time at the 975.13 Producer-handler. rate of $4.50 per hour, overtime at the 975.14 Route.- rate of $5.80 per hour, per diem within 975.15 Cooperative association. ■ States which is moving through Canada rates prescribed in standardized govern, 975.16 Eligible milk. ment travel regulations, mileage at the 975.17 Ineligible milk. in the course of exportation from the 975.18 Reload point. United States to countries other than rate of eight cents per mile for travel by Canada, and for which such standards automobile, and the cost of other travel, Market Administrator have been fixed and established under and other items of cost incurred in ob­ 975.20 Designation. the United States Grain Standards Act taining samples. 975.21 Powers. (7 U.S.C. 71 et seq.). Specific informa­ c. Section 68.42a(b) ~is amended by 975.22 • Duties. tion as-to the places where inspection changing “$5.50” to “$5.80”. Reports, R ecords, and Facilities is available may be obtained from the Director. (Secs. 203, 205, 60 Stat. 1087, as amended, 975.30 Reports of receipts and utilization. 1090, as amended; 7 U.S.C. 1622, 1624) 975.31 Other reports. 2. Section 68.5 is amended to read: 975.32 Payroll reports. The foregoing amendments provide for 975.33 Records and facilities. § 68.5 Regulations not applicable for the inspection and certification upon re­ 975.34 Retention of records. certain purposes. quest' at designated places in Canada of Classification The regulations'dp not apply to the the grade of United States grain moving ihrough Canada in the course of ex­ 975.40 Skim milk and butterfat to be clas­ inspection of grain in the United States sified under the United States Grain Stand­ portation. The service will facilitate the 975.41 Classes of utilization ards Act (7 U.S.C. 71 et seq.) or to the exportation of such grain via the St. 975.42 Shrinkage testing and inspection of seed under the Lawrence Seaway. The service will be 975.43 Transfers Federal Seed Act (7 U.S.C. 1551 et seq.). purely voluntary and will not necessitate 975.44 Responsibility of handlers and re­ any change in the business operations of classification of milk ' . § 68.42a [Amendment] affected members of the grain industry. 975.45 Computation of the skim milk and . 3a. Section 68.42a is amended by add­ As grain is presently moving through the butterfat in each class ing a new paragraph (h) to read: Seaway it is essential that the amend­ 975.46 Allocation of butterfat classified ments be made effective as soon as pos­ 975.47 Allocation of skim milk (h) Inspection of United States grain 975.48 Computation of total producer milk sible to be of maximum benefit to in each class in Canada. (1) The fees for the sam­ affected persons. Insofar as the amend­ pling, inspection, grading, and certifica­ ments concern the costs of the service Min im u m Prices tion of United States grain moving they relate to a matter on which this 975.50 Basic formula price through Canada, in accordance with the Department has complete information. 975.51 Class I milk prices Official Grain Standards of the United Therefore, under section 4 of the Admin­ 975.52 Class II milk prices States (Part 26, Subpart B of this chap­ istrative Procedure Act (5 U.S.C. 1003), 975.53 Class III milk prices ter), shall be as follows: it is found upon good cause that notice 975.54 B utterfat differentials to handlers (i) For bulk or sacked grain in carload and other public rule-making procedure 975.55 Handler location adjustment lots, $8.00 per car; on the amendments are impracticable 975.56 Equivalent price provision (ii) For bulk or sacked grain in trucks and unnecessary, and good cause is Determination of Eligible Milk Quota and trailers, $5.00 per truck or trailer lot; found for making them effective less 975.60 Determination of eligible milk quota (iii) For bulk or sacked grain in than 30 days after publication in the for each producer boats, barges, or other vessels, $2.00 per F ederal R egister. 975.61 Quota rules \ 5988 RULES AND REGULATIONS *

Determination of Uniform Price reflect' the aforesaid factors, insure a Order relative to handling. It is there­ Sec. sufficient quantity of pure and whole­ fore ordered, that on and after the effec­ 975.70 Net obligation of handlers operat­ some milk, and be in the public interest; tive date hereof, the Akron-Stark ing pool plants (3) The said order as hereby amend­ County, Ohio, and Cleveland, Ohio, 975.71 Computation of uniform price ed, regulates the handling of milk in the orders (Parts 960 and 975) shall be 975.72 Computation of ineligible milk price same manner as, and is applicable only merged under one order and the han­ 975.73 Computation of eligible milk price to persons in the respective classes of dling of milk in the consolidated mar­ 975.74 Notification Industrial or commercial activity speci­ keting area, the Northeastern Ohio mar­ Payments, fied in, a marketing agreement upon keting area, shall be in conformity to 975.80 Time and method of payment which a hearing has been held; and in compliance with'the terms and 975.81 Location adjustments to producers (4) All milk and milk products han­ conditions of Order No. 75 as hereby 975.82 Butterfat differential dled by handlers, as defined in the order amended, and the aforesaid order is 975.83 Producer-settlement fund as hereby amended, are in the current hereby amended to read as follows : 975.84 Payments to 'th e producer-settle­ of interstate commerce or ditectly bur­ m ent fund den, obstruct, or affect interstate com­ D efin itio n s 975.85 Payments o u t of the producer-set- merce in milk or its products; and § 975.1 Act. tlem ent fund 975.86 Expense of adm inistration (5) It is hereby found that the neces­ “Act” means Public Act No. 10, 73d 975.87 Marketing services sary expense of the market administra­ Congress, as amended and as reenacted 975.88 Adjustment of accounts tor for the maintenance and functioning and amended by the Agricultural Mar­ 975.89 Termination of obligations of such agency will require the payment by each handler, as Jiis pro rata share keting Agreement Act of 1937, as Application of P rovisions of such expense, 3 cents per hundred­ amended (7 U.S.C. 601 et seq.). 975.90 Milk subject to other Federal orders weight or such amount not to exceed 3 § 975.2 Secretary. 975.91 Handler exemption cents per hundredweight as the Secre­ 975.92 Producer-handler .“Secretary” means the Secretary of tary may prescribe, with respect to (a) Agriculture or such other officer or em­ Effective T im e, Suspension or T ermination all receipts within the month of milk ployee of the United States authorized 975.100 Effective time from producers, including such han­ to exercise the powers or to perform the 975.101 Suspension or term ination dler’s own production; (b) any other duties of the Secretary of Agriculture. 975.102 Continuing obligations source milk, allocated to Class I pursuant 975.103' Liquidation to § 975.46(b) and the corresponding step § 975.3 Department of Agriculture. Miscellaneous P rovisions of § 975.47; and (c) the amount of milk a 1“Department of Agriculture” means for which à payment is computed pur­ the United States Department of Agri­ 975.110 Agents suant to § 975.84(b) . 975.111 Separability of provisions culture or such other Federal agency as (b) Additional findings. It is neces­ is authorized to perform the price re­ Authority: §§ 975.0 to 975.111 issued u n ­ sary in the public interest to make this porting functions specified in this part. der sec. 5, 49 Stat. 753, as amended; 7 U.S.C. order amending the order effective not 608c. later than August 1,1959. § 975.4 Person. § 975.0 Findings and determinations. The provisions of the said, order are “Person” means any individual, part­ known to handlers. The recommended The findings and determinations here­ nership, corporation, association or any decision of the Deputy Administrator of other business unit. inafter set forth are supplementary and the Agricultural Marketing Service was in addition to the findings and determi­ issued*June 10, 1959, and the decision § 975.5 Northeastern Ohio marketing nations previously made in connection of the Assistant Secretary containing all area. with the issuance of the aforesaid order amendment provisions of this order, was “Northeastern Ohio marketing area”, and of the previously issued amendments issued July 8,1959. The changes effected hereinafter referred to as the “marketing thereto ; and all of said previous findings by this order will not require extensive area”, means all territory within the and determinations are hereby ratified preparation or substantial alteration in boundaries of Cuyahoga and Summit and affirmed, except insofar as such find­ method of operation for handlers. In ings and determinations may be in con­ Counties; Stark County, except Paris view of the foregoing, it is hereby found and Sugar Creek Townships ; the City of flict with the findings and determina­ and determined that good cause exists Ashtabula in Ashtabula County; Knox tions set forth herein. for making this order amending the Township in Columbiana County; Wil­ (a) Findings upon the basis of theorder effective August 1, 1959, and that hearing record. Pursuant to the provi­ loughby, Mentor and Kirtland Town­ it would be contrary to the public inter­ ships and the City of Painesville in Lake sions of the Agricultural Marketing est to delay the effective date of this Agreement Act of 1937, as amended (7 County; Black River, Sheffield, Avon U.S.C. 601 et seq.), and the applicable amendment for 30 days after its publica­ Lake, Avon, Amherst, Elyria, Ridgeville, tion in the F ederal R egister (see sec­ rules of practice and procedure govern­ Carlisle, Eaton, Columbia and Grafton tion 4(c), Administrative Procedure Act Townships in Lorain County; Smith ing the formulation of marketing agree­ 5 U.S.C. 1001 et seq.). ments and marketing orders (7 CFR Part Township in Mahoning County, except (c) Determinations. It is hereby de­ Great Lot 35 thereof; Liverpool, Bruns­ 900), a public hearing was held upon termined that; certain proposed amendments to the wick, Hinckley, York, Granger, Medina, tentative marketing agreement and to (1) The refusal or failure of handlers Lafayette, Montville, Sharon and Wads­ the order regulating the handling of (excluding cooperative associations spec­ worth Townships in Medina County; milk in the Cleveland, Ohio, and Akron- ified in section 8c(9) of^the Act) of Franklin, Ravenna, Brimfield and Suf- Stark County, Ohio,' marketing area. more than 50 percent of the milk, which field Townships and Lots 5 to lty 15 to Upon the basis of the evidence intro­ is marketed within the marketing area, 20, 25 to 30, and 35 to 40, inclusive, of duced at such hearing and the record to sign a proposed marketing agreement, Randolph Township in Portage County; therëof, it is found, that : tends to prevent the effectuation oLthe and Sections 1, 2, 3, 10, 11 and 12 of (1) The said order as hereby amended, declared policy of the Act; Sugar Creek Township in Waynè County ; and all of the terms aftd - conditions (2) The issuance of this order, amend­ all in the State of Ohio; together with all thereof, will tend to effectuate the de­ ing the order, is the only practical means piers, docks and wharves connected clared policy of the Act; pursuant to the declared policy of the therewith' and including all municipal (2) The parity prices of milk, as de­ Act of advancing the interests of pro­ corporations and all Federal or State termined pursuant to section 2 of the ducers ns defined in the order as hereby installations, institutions or establish­ Act, are not reasonable in view of the amended; and ments therein. price of feeds, available supplies of feeds, (3) The issuance of the order, amend­ ing the order, is approved or favored by §975.6 Handler. and other economic conditions which af­ at least two-thirds of the producers who “Handler” means (a) any person who fect market supply and demand for milk participated in a referendum and who operates a pool plant, (b) any person in the said marketing area, and the mini­ during the determined representative who operates a nonpool plant from which mum prices specified in the order as period were engaged in the production of a route is operated in the marketing area, hereby amended, are such prices as will milk for sale in the marketing area. and (c) a cooperative association with Tuesday, July 28, 1959 FEDERAL REGISTER 5989 respect to the milk of any producer istrator before the first day of the month, receives no fluid milk products during which such cooperative association be a pool plant as follows: the month except milk of his own pro­ causes to be diverted for the account of (1) During the months of February duction or by transfer from pool plants. such association from a pool plant to through July regardless of shipments; § 975.14 Route. a pool plant or nonpool plant. and (2) During each successive month of “Route” means a delivery (including § 975.7 Producer. August through January in which it de­ a delivery by a vendor or sale from a “Producer” means any person other livers 10 percent or more of its total plant or plant store) of any fluid milk than a producer-handler with respect dairy farm supply to pool plant(s) de­ product (except bulk cream) classified to milk produced by him having the ap­ scribed in paragraph (a) of this section. as Class I milk to a wholesale or retail proval of the appropriate health author­ (d) A plant located less than 40 miles outlet other than a delivery to any milk ity in the marketing area for consump­ from the Public Square in Cleveland, plant. tion as fluid milk which is: Ohio, or less, than 27.5 miles from the §975.15 Cooperative association. (a) Delivered from the farm to a pool nearer of the City Hall iii Akron, Ohio, plant; or the City Hall in Canton, Ohio, oper­ “Cooperative association” means any (b) Diverted from the farm directly to ated by a cooperative association, or cooperative marketing association of a nonpool plant for the account of a co­ associations, if two-thirds or more of producers which the Secretary deter­ operative association or of a handler the milk (exclusive of that received at mines after application by the associa­ operating a pool plant. Milk so diverted pool plants described in paragraphs (b) tion: shall be deemed to have been received and (c) of this section) delivered during (a) To be qualified under the provi­ at the pool plant from which diverted, thé immediately preceding six-month sions of the Act of Congress of February if for the account of the operator of such period by producers who are members of 18,1922, as amended, known as the “Cap- plant, or at an identical location if for such association (s) was received at the per-Volstead Act”; the account of a cooperative association pool plants of other handlers; (b) To have full authority in the sale through diversion from the pool plant of (e) All pool plants described in para­ of milk of its members and to be en­ another handler; and graph (b) or (c) of this section, respec­ gaged in making collective sale or mar­ (c) Diverted from the farm directly tively, operated by a handler may be keting milk or its products for its mem­ to another pool plant for the account considered as one plant for the purpose ber; and of a handler operating a poolr plant. of meeting the percentage requirement (c) To have all of its activities under Milk so diverted shall be deemed to have of such paragraphs if the handler sub­ the control of its members. been received for the account of such mits a written request to the market ad­ § 975.16 Eligible milk. handler at the pool plant from which it ministrator prior to the delivery period was diverted. for which such consideration is re­ “Eligible milk” means the amount of quested; and milk received by a handler from a pro­ “Producer” shall not include any such (f) A plant which replaces a pool ducer during each of the months speci­ person with respect to milk for which plant shall acquire immediately the pool fied in § 975.73 which is not in excess of such person retains his status as a pro­ plant status of the replaced plant if the such producer’s daily average quota ducer as defined in another order issued operator thereof shows to the satisfac­ multiplied by the number of days in pursuant to the Act and which is classi­ tion of the/ market administrator that such month on which such producer de­ fied and priced under such other order. 50 percent or more of the dairy farmers livered milk to such handler. With re­ spect to any producer on “every-other- § 975.8 Pool plant. V delivering milk to it previously had been producers at the pool plant so replaced. day” delivery to a pool plant, the days of “Pool plant” means any milk plant nondelivery shall be considered as days specified in paragraph (a), (b), (c) or § 975.9 Nonpool plant. (d) of this section approved by the ap­ of delivery for the purpose of this section propriate health authority in the mar­ “Nonpool plant” means any milk plant and § 975.60. keting area, other than the plant of a which is not a pool plant. § 975.17 Ineligible milk. producer-handler or a plant for which §975.10 Producer milk. “Ineligible milk” means the amount the handler is exempt pursuant to “Producer milk” means all the skim of milk received by a handler from a §§ 975.90 and 975.91. milk and butterfat contained in milk re­ producer during each of the months (a) A plant at which milk is pack­ ceived from producers. specified in § 975.73 which is in excess aged and from which (1) fluid milk of eligible milk received from such pro­ products classified as Class I milk are §975.11 Other source milk. ducer during such month and shall distributed on a route in the marketing “Other source milk” means all skim include all milk received from a producer area; and (2) total disposition of such milk and butterfat contained in (a) re­ for whom no daily average quota can be fluid milk products on routes is 50 per­ ceipts during the month of fluid milk computed. cent or more of total receipts during products except (1) receipts from other the month of milk approved for fluid pool plants and (2) producer milk; and § 975.18 Reload point. use by a duly authorized health authority (b) products, other than fluid milk prod­ “Reload point” means a location, from dairy farmers, through reload ucts, from any source (including those more than 40 miles from the Public points and from other milk plants; produced at the pool plant) which are Square in Cleveland, Ohio, and more (b) A plant from which there has reprocessed or converted to another than 27.5 miles from the nearer of the been delivered to pool plant(s) described product in the pool plant during the City Hall in Akron or the City Hall in in paragraph (a) of this section, either month. Canton, Ohio, at which facilities ap­ during the current month or during any proved by the appropriate health au­ period of consecutive months ending § 975.12 Fluid milk product. thority in the marketing area for with the current month, 30 percent or “Fluid milk product” means milk, skim transfer of milk from one tank truck to more of its total dairy farm supply of milk, buttermilk, flavored milk, flavored another and for washing of tank trucks milk; milk drinks, concentrated milk not in are maintained, and at which milk (c) A plant which was a pool plant hermetically sealed cans, cream, and moved from the farm in a tank truck is during each month of the preceding mixtures of cream and milk or skim milk, commingled with other such milk be­ period of August through January and including reconstituted milk or skim fore entering a milk plant. All reloading during that period delivered to pool milk, but not including frozen or sour operations on the premises of a pool plant(s) described in paragraph (a) of cream, aerated cream products, eggnog plant shall be considered to be a part this section 10 percent or more of its or ice cream and frozen dessert mixes. of such pool plant’s operation. Other­ monthly total dairy farm supply of milk wise the operations at a reload point during each such month, and 30 percent § 975.13 Producer-handler. shall be considered to be a part of the or more of its total dairy farm supply “Producer-handler” means a dairy operation of the pool plant to which during the entire August-January pe­ farmer who operates a milk plant from the major portion of the milk moved riod, shall, unless written notice of with­ which Class I products are distributed from farms to the reload point normally drawal is received by the market admin­ on route (s) in the marketing area and moves, except for the application of 5990 RULES AND REGULATIONS location adjustments p u rsu a n t to (g) Submit his books and records to (2) Fluid milk products received from §,§ 975.55 and 975.81. examination by the Secretary and fur­ other pool plants; nish such information and reports as X3) Other source milk; and M arket Administrator may be requested by the Secretary; (4) Inventories of fluid milk products § 975.20 Designation. (h) On or before the 20th day of each on hand at the beginning of the month; The agency for the administration of month, report to each cooperative asso­ and / this part shall be a market administra­ ciation that so requests* the class utiliza­ (b) The utilization of all skim milk tor, selected by the Secretarywho shall tion of milk received during the preced­ and butterfat required to be reported be entitled to such compensation as may ing month by each handler from pursuant to paragraph (a) of this sec­ be determined by and shall be subject to producers who are members of such tion, including a separate statement with association, prorating to such receipts respect to: removal at the discretion of, the <11 Disposition of fluid milk products Secretary. the class utilization of all producer receipts of such handler; on routes in the marketing area; and § 975.21 Powers. (I) Audit all reports and payments by (2) Inventories of fluid milk products The market administrator shall have each handler by inspection of such on hand at the end of the month ; and the following powers with respect to this handler’s records and of the records of

Provided, That if, within such three- plant (pool or nonpool) without first handler who first received such skim year period, the market administrator having been received for the purposes milk or butterfat proves to the market notifies the handler in writing that the of weighing in the diverting handler’s administrator that such skim milk or retention of such books and records, or pool plant shall be excluded from receipts butterfat should be classified otherwise. of specified books and records, is neces­ at the diverting handler’s pool plant and § 975.45 Computation of the skim milk sary in connection with a proceeding un­ shall be included in the receipts of the and butterfat in each class. der section 8c(15)(A) of the Act or a plant to which such milk was diverted court action specified in such notice, the for the purpose of computing shrink­ For each month the market adminis­ handler shall retain such books and age. trator shall correct for mathematical and for other obvious errors the monthly records, or specified books and records, § 975.43 Transfers. until further written notification from report of receipts and utilization sub­ the market administrator. In either case Skim milk or butterfat disposed of mitted by each handler and compute the market administrator shall give fur­ by a handler from a pool plant, includ­ the total pounds of skim milk and but­ ther written notification to the handler ing transfers or diversions made by a terfat, respectively, in Class I milk, Class promptly upon the termination of the cooperative association shall be classi­ II milk, and Class III milk for such han­ litigation or when the records are no fied: dler: Provided, That if any of the water longer necessary in connection there­ (a) As Class I milk if transferred or contained in the milk from which a prod­ with. diverted in the form of fluid milk prod­ uct is made is removed before the product Classification ucts to the pool plant of another han­ is utilized or disposed of by a handler, dler except as: the pounds of skim milk disposed of in § 975.,40 Skim milk and butterfal to be (1) Utilization in another class is such product shall be considered to be classified. claimed by the operators of both plants an amount equivalent to the nonfat milk All skim milk and butterfat received at in their reports submitted pursuant to solids contained in such product, plus a pool plant which is required to be re­ § 975.30; all of the water reasonably associated ported pursuant to § 975.30 shall be (2) The receiving handler has utili­ with such solids in the form of whole classified pursuant to § § 975.41 through zation in such class of an equivalent milk. 975.48. amount of skim milk and butterfat, re­ § 975.46 Allocation of butterfat classi­ spectively, after assignment of other fied. § 975.41 Classes of utilization. source milk and beginning inventory of Subject to the conditions set forth in fluid milk products pursuant to §§ 975.46 The pounds of butterfat remaining §§ 975.43 and 975.44, the classes of utili­ and 975.47; and after making the following computa­ zation shall be: (3) The classification of the skim milk tions shall be the pounds in each class (a) Class I utilization shall be all the .or butterfat so transferred results in the allocated to producer milk: skim milk (including the skim milk classification at both plants that re­ (a) Subtract from the total pounds equivalent of concentrated products) turns the highest valued class utilization of butterfat in Class III utilization, the and butterfat (1) disposed of in the to milk of producers at both plants. pounds of butterfat shrinkage allowed form of a fluid milk product, except as (b) As Class I milk, if transferred to pursuant to § 975.41(c) (6); provided in subparagraphs (c) (2) and a producer-handler in the form of a fluid (b) Subtract from the pounds of but­ (3) of this section or (2) not accounted milk product; terfat remaining in each class, in series for as Class II or Class III utilization; (c) As Class I milk if transferred or beginning with the lowest priced utili­ (b) Class II utilization shall be all diverted in the form of milk or skim zation, the pounds of butterfat in other skim milk and, butterfat (l)-used to pro­ milk in bulk to a nonpool plant located source milk other than that to be sub­ duce cottage cheese, and (2) disposed of more than 265 miles from the Public tracted pursuant to paragraph (c) of as sour cream for consumption as such; .Square in Cleveland, Ohio, by shortest this section; (c) Class III utilization shall be all highway distance as determined by the (c) Subtract from the pounds of but­ skim milk and butterfat (1) used to pro­ market administrators terfat remaining in each class, in series duce a product other than a fluid milk (d) As Class I milk if transferred or beginning with the lowest priced utili­ product or a Class n product, (2) dis­ diverted to a nonpool plant located less zation, the pounds of butterfat contained posed of in fluid milk products in bulk than 265 miles from the Public Square in in other source milk received from a form to any commercial food processing Cleveland, Ohio, in the form of milk or plant at which the handling of milk is establishment for use in food products skim milk in bulk or to any nonpool fully subject to the classification and prepared for consumption off the prem­ plant in the form of cream in bulk unless pricing provision of another order issued ises, (3) disposed of for livestock feed or all of the following conditions are met: pursuant to the Act: skim milk dumped subject to prior noti­ (1) The handler claims utilization in (d) Subtract from the pounds of but­ fication to and inspection (at his discre­ another class in his report submitted terfat remaining in each class, in series tion) by the market administrator, (4) in pursuant to § 975.30; beginning with the lowest priced utili­ cream frozen, (5) in inventory of fluid (2) The operator of the nonpool plant zation, the pounds of butterfat contained milk products or sour cream on hand at maintains books and records showing the in inventory of fluid milk products on the end of the month, (6) in shrinkage receipts and utilization of all skim milk hand at the beginning of the month; allocated to producer milk that is not in and butterfat at such plant which are (e) Subtract from the butterfat re­ excess of 2 percent of .the receipts of skim made available upon request by the mar­ maining in each class the pounds of but­ inilk and butterfat respectively, in pro­ ket administrator for audit; and terfat received from other handlers in ducer milk, plus 1.5 percent of receipts of (3) Such receiving plant had actually such classes pursuant to § 975.43(a); skim milk and butterfat, respectively, re­ used in the classification claimed an (f) Add to the remaining pounds of ceived in bulk tank lots from pool plants, amount of skim milk or butterfat, butterfat in Class III utilization the less 1.5 percent of skim milk and butter­ respectively, equivalent to the total pounds of butterfat subtracted pursuant fat, respectively, disposed of in bulk tank claimed in such classification by all to paragraph (a) of this section; and lots to pool plants, and (7) in shrinkage handlers transferring or diverting milk (g) If the remaining pounds of but­ of other source milk. from pool plants to such nonpool plant, terfat in all classes exceed the pounds § 975.42 Shrinkage. plus that priced in a comparable class of butterfat in milk received from pro­ under another order on the basis of ducers, subtract such excess from the (a) If a handler has receipts of other utilization in such plant. Should the remaining pounds of butterfat in each source milk, shrinkage shall be pro­ equivalent utilization in the nonpool class in series beginning with the lowest rated between producer milk and other plant be less than the required total, a priced utilization. Any amount so sub­ source milk received in the form of fluid pro rata share of the excess' shall be tracted shall be known as “overage”. milk products in the ratio that 50 times classified in the next higher priced avail­ the maximum quantity of skim milk or able utilization. § 975.47 Allocation of skim milk. butterfat, respectively, pursuant to § 975.41(c) (6) bears to that in such other § 975.44 Responsibility of handlers and Allocate the pounds of skim milk in source milk; and reclassification of milk. each class to milk received from pro­ (b) Producer milk diverted by a (a) All skim milk and butterfat shallducers in a manlier similar to that pre­ handler from his pool plant to another be classified as Class I milk unless the scribed for butterfat in § 975.46. 5992 RULES AND REGULATIONS

§ 975.48 Computation of total producer and add or subtract a “supply-demand §§ 975.51, 975.52, and 975.53 for each m ilk in each class. adjustment” computed as follows: one-tenth of one percent that the aver­ The amounts computed pursuant to (1) Divide the total quantity of milk age butterfat content of such milk is §§ 975.46 and 975.47 shall be combined received from producers during the first above 3.5 percent, or subtracted for into one total for each class and the and second months preceding by the each one-tenth of one percent that such weighted average butterfat content of gross quantity of milk utilized as Class I average butterfat content is below 3.5 producer milk in each class determined. (exclusive of interhandler transfers) at percent, an amount equal to the average pool plants in the same two months, daily wholesale price per pound of Grade M inim um P rices multiply the result by 100, and round to A (92-score) bulk creamery butter per § 975.50 Basic formula price. the nearest whole number. The result pound at Chicago as reported by the The basic formula price per hundred­ shall be known as the “current utiliza­ Department of Agriculture during the weight of milk to be used in determining tion percentage”. month, multiplied by the following class prices for each month shall be the (2) Compute a “deviation percentage” factors: higher of the prices per hundredweight by subtracting from the current utiliza­ (a) Class 1 milk. Multiply by 1.3 and of milk of 3.5 percent butterfat content tion percentage as computed in subpara­ divide the result by 10; computed by the market administrator graph (1) of this paragraph, the “stands (b) Class II milk. Multiply by 1.15 pursuant to paragraphs (a) and (b) of ard utilization percentage” shown below: and divide the result by 10; and this section: Standard (c) Class III milk. Multiply by 1.15 Month for whiclj. the price utilisation and divide the result by 10. (a) The average of the basic (or field) is being computed: ~ percentage prices ascertained to have been paid per Ja n u a ry ______128 §975.55 Handler location adjustment. hundredweight for milk of 3.5 percent F eb ru ary __ .______128 For producer milk received at a pool butterfat content received from farmers M a r c h ______’______128 plant or reload point located 40 miles or during the month at the following plants A p ril______129 more from the Public Square in Cleve­ or places for which prices have been May ______130 land, Ohio, and also 27.5 miles or more reported to the market administrator by J u n e ______140 J u l y ------2 ______148 from the nearer of the City Hall in Akron, the Department of Agriculture or by the A ugust_____ :i______141 Ohio, or the City Hall in Canton, Ohio, companies indicated below: September ______127 the respective class prices for Class I Company and Location O cto b er______126 and Class n utilization ..pursuant to November ______128 §§ 975.51 and 975.52 shall bfe reduced at Borden Co., Mt. Pleasant, Mich. December T______,______130 Borden Co., New London, Wis. the rate specified below for the location Borden Co., Orïordville, Wis. (3) Determine the amount of the of such plant or reload point: Carnation Co., Oconomowoc, Wis. supply-demand adjustment from the (a) With respoct to milk classified as Carnation Co., Richland Center, Wis. following schedule: Class I or Class n utilization without Carnation Co., Sparta, Mich. Am ount of movement as a fluid milk product in Pet Milk Co., Belleville, Wis. supply-demand bulk form to another pool plant; Pet Milk Co., Coopersville, Mich. adjustm ent (b) With respect to fluid milk prod­ Pet Milk Co., New Glarus, Wis. Deviation percentage: (cents) ucts moved in bulk form to a pool plant Pet Milk Co., Wayland, Mich. + 13 or over______—25 described in § 975.8(a) in a volume not White House Milk Co., Manitowoc, Wis. + 10 or +11______—19 White House Milk Co., West Bend, Wis. in excess of that computed in accordance + 7 or + 8------—13 with the following assignment: (b) The price per hundredweight + 4 or + 5 ____ I __•______—7 + 2 to — 2______0 (1) The volume by which an amount computed by adding together the plus —4 or —5_'______+ 7 equal to 108 percent of Class I and Class amounts pursuant to subparagraphs (1) — 7 or —8______+13 II utilization at such transferee plant and (2) of this paragraph: >—10 or — 11______+ 19 (including the volume assignable under t (1.) From the average of the daily — 13 or below__ *______;______+25 the provisions of this subparagfaph with wholesale selling prices per pound (using respect to any transfers to a second such the midpoint of any price range as one When the deviation percentage does not fall within the tabulated brackets, the plant described in § 975.8(a)), exceeds price) of Grade A (92-score) bulk receipts of producer milk at such plant creamery butter for the month as re­ adjustment shall be determined by the adjacent bracket which is the same as will be assigned in sequence to (j) re­ ported by. the Department of Agriculture ceipts in the form of fluid milk from re­ for the Chicago market, subtract 3 cents, or nearest to the bracket used in the previous month. load points considered to be a part of add 20 percent, of the resulting amount such plant’s operations, and (ii) to other and then multiply by 3.54 and § 975.52 Class II milk prices. receipts of fluid milk products from pool (2) From the simple average of the The minimum price per hundred­ plants or reload points in the sequence weighted averages of the carlot prices weight to be paid by each handler, f.o.b. at which the least total adjustment per pound of spray and roller process his plant, for producer milk of 3.5 per­ would apply. nonfat dry milk solids for human con­ cent butterfat content received from (c) With respect to fluid milk products sumption, f.o.b. manufacturing plants in producers or from a cooperative asso­ moved in bulk to pool plants described the Chicago area, as published for the ciation during the month, which is clas­ in § 975.8 (b), (c), or Cd), in a volume not period from the 26th day of the immedi­ sified as Class II utilization, shall be the in excess of that by which (1) 108 per­ ately preceding month through the 25th basic formula price, as computed pur­ cent of the Class I and Class II utilization day of the current month by the Depart­ suant to § 975.50, plus 30 cents. specified in paragraph (a) of this sec­ ment of Agriculture, deduct 5.5 cents, tion, plus (2) that assignable to such multiply by 8.5 and then multiply by § 975.53 Class III milk prices. plant pursuant to paragraph (b) of this 0.965. The minimum price per hundred­ section exceeds receipts of producer milk § 975.51 Class 1 milk prices. weight to be paid by each handler, f.o.b. at such plant, such volume to be assign­ his plant, for producer milk of 3.5 per­ able to transferor plants in the sequence The respective minimum prices per cent butterfat content received from provided in paragraph (b) of this sec­ hundredweight to be paid by each han­ producers or from a cooperative asso­ tion; and dler, f.o.b. his plant for milk received ciation during the month, which is clas­ (d) The rates of location adjustment from producers or from a cooperative sified as Class III utilization, shall be credit shall be as follows, based on short­ association, during the month which is the basic formula price, as computed est highway distande from the .Public classified as Class I milk, shall be as pursuant to § 975.50. Square in Cleveland, Ohio, as determined follows, as computed by thé market by the market administrator: administrator: § 975.54 Butterfat differentials to handlers. Cents per (a) Add to the basic formula price Distance: hundredweight the following amount for the period If the average butterfat content of the 40.1- 60 miles______- 1 ____ 13 indicated: milk of any handler allocated to any 60.1- 74 miles ______. 20 Delivery period: A m ount class is more or less than 3.5 percent, plus 2 cents per hundredweight for each 14 April- through July ______$1. 35 there shall be added to the prices of milk miles or major fraction thereof in excess All others______- l. 80 for each class as computed pursuant to of 74 miles. Tuesday, July 28, 1959 FEDERAL REGISTER 5993

§ 975.56 Equivalent price provision. (b) Add an amount ‘ computed by (c) Add any amount paid into the multiplying the pounds of overage com­ producer-settlement fund and subtract Whenever the provisions of this part puted pursuant to § 975.46(g) and the any amount paid out of the producer- require the market administrator to use corresponding step of § 975.47 by the settlement fund pursuant to § 975.88(a); a specific price (or prices) for milk or applicable class prices; (d) Adding an amount representing any milk product for the purpose of de­ (c) Add any amount obtained through not less than one-half of the unobligated termining minimum class prices or for multiplying by the difference between balance in the producer-settlement any other purpose and the specified price the Class III price for the preceding fund; is not reported or published, the market month and the Class I price for the cur­ (e) Subtracting, if the weighted aver­ administrator shall use a price deter­ rent month the lesser of: age butterfat test of all milk received mined by the Secretary to be equivalent (1) The hundredweight of milk sub­ from producers represented by the values to or comparable with the price specified. tracted from Class I pursuant to included in paragraph (a) of this section Determination op E ligible M il k Quota § 975.46(d) and the corresponding step is greater than 3.5 percent or adding, if of § 975.47; or the weighted average butterfat test of § 975.60 Determination of eligible milk (2) The hundredweight of producer such milk is less than 3.5 percent, an quota for each producer. milk classified as Class III utilization amount computed by multiplying the Subject to the rules set forth in (except as shrinkage) for the preceding total pounds of butterf at .represented by § 975.61, the market administrator shall month; the variance of such weighted average determine quotas for producers as fol­ (d) Add an amount obtained through butterfat test from 3.5 percent, by the lows: During each of the months of multiplying by the difference between butterfat differential computed pursuant April through June, inclusive, the daily the Class III price for the preceding to § 975.82 multiplied by 10; quota of each producer whose milk was month and the Class II price for the (f) Dividing by the hundredweight of received by a handler(s) on not less current month the lesser of: milk received from producers represented than thirty (30) days during the imme­ (1) The hundredweight of milk sub­ by the values included in paragraph (a) diately preceding months of October tracted from Class II pursuant to of this section; and through December, inclusive, shall be a § 975.46(d) and the-corresponding step (g) Subtracting not less than 4 cents quantity computed by dividing such of § 975.47; or nor more than 5 cents. producer’s total pounds of milk delivered (2) The hundredweight of producer § 975.72 Computation of ineligible milk in the 3-month period by the number of milk classified as Class III utilization price. days froih the date of first delivery to (except as shrinkage) for the preceding the end of such 3-month period. month less that subtracted from Class I For each of the months of April pursuant to § 975.46(d) and the cor­ through June the market administrator § 975.61 Quota rules. responding step of § 975.47. shall compute the uniform price per (a) Except as provided in paragraph (e) During any month in which the hundredweight for ineligible milk of 3.5 (b) of this section, an eligible milk quota total receipts of producer milk (exclusive percent butterfat content by: shall apply to deliveries of milk by the of milk diverted from the pool plant of (a) Computing the total value on a 3.5 producer for whose account that milk another handler to a nonpool plant for percent butterfat basis of ineligible milk was delivered to a handler (s) during the account of a cooperative association included in these computations by the quota forming period; unless written evidence is furnished the multiplying the hundredweight of such (b) A daily quota may be transferred market administrator that such milk was milk not in excess of the total quantity during the period of April through June offered for delivery to a pool plant at of Class II and Class III milk included by notifying ¿the market administrator class prices of the order) are more than in these computations by the price for in writing before the first day of any 110 percent of the total Class I utiliza­ Class III milk of 3.5 percent butterfat month that such quota is to be trans­ tion at all pool plants add an amount content, multiplying the hundredweight ferred to the person named in such equal to the difference between the of such milk in excess of the total notice, but under the following condi­ values (subject to butterfat and location hundredweight of such Class II and Class tions only: differentials) at the Class I price and the III milk by the price for Class I milk of (1) In the event of the death of a Class III price with respect to: 3.5 percent butterfat content, and adding producer, the entire daily quota may be (1) Other source milk subtracted together the resulting amounts; and transferred to a member of such pro-^ from Class I pursuant to § 975.46(b) and (b) Dividing the total value of ducer’s immediate family who carries on the corresponding step of § 975.47; and ineligible milk obtained in paragraph the dairy operation on the same farm; (2) Milk in inventory subtracted from (a) of this section by the total hundred­ (2) If a quota is held jointly and such Class I pursuant to § 975.46(d) and the weight of such milk, and adjusting to joint holding is terminated on the basis corresponding step of § 975.47 which is the nearest cent. of written notice to the market admin­ in excess of the sum of: § 975.73 Compulation of eligible milk istrator from the joint holders, the entire (i) The quantity of milk for which a price. daily quota may be transferred to one payment is computed pursuant to para­ of the joint holders, or divided in ac­ graph (c) of this section; and For each of the months of April cordance with such notice between the (ii) The quantity of milk subtracted through June the market administrator former joint holders if they continue from Class III pursuant to § 975.46(c) shall compute the uniform price per dairy farm operations; and and the corresponding step of § 975.47 hundredweight for eligible milk of 3.5 (c) In the case of producers deliver­ for the month preceding. percent butterfat content f.o.b. the mar­ keting area, received from producers by: ing milk to a pool plant described in § 975.71 Computation of uniform price. § 975.8(a) which first qualifies as such (a) Subtracting the value of ineligible during any month from November For each month, the market admin­ milk obtained in § 975.72(a) from the through June, a daily average quota for istrator shall compute the “uniform aggregate value of milk computed pur­ each such producer shall be calculated price” per hundredweight for milk of suant to § 975.70 (a) through (e) and pursuant to § 975.60 on the basis of his 3.5 percent butterfat content for milk adjusting by any amount involved in verifiable deliveries of milk to such plant delivered to pool plants at which no lo­ adjusting the uniform price of ineligible during the period of October through cation adjustments are applicable as milk to the nearest cent; December immediately preceding. follows: (b) Dividing the amount obtained in (a) Combining into one total the paragraph (a) of this section by the total Determination of U niform P rice values computed under § 975.70 for all hundredweight of eligible milk included § 975.70 Ne.t obligation of handlers op­ handlers who reported pursuant to in these computations; • and erating pool plants. § 975.30 for such month, except those in (c) Subtracting not less than 4 cents default in payments required pursuant nor more than 5 cents from the amount The net obligation for milk received to § 975.84 for the preceding montl>; computed pursuant to paragraph (b) of by each handler shall be computed as (b) Adding the aggregate of the this section. follows: values of all allowable location adjust­ (a) Multiply the pounds of milk in ments computed at the maximum rates § 975.74 Notification. each class computed pursuant to § 975.48 for the appropriate zones set forth in On or before the 14th day after each by the applicable class prices; §975.81; month the market administrator shall No. 146----- 2 5994 RULES AND REGULATIONS notify each handler who submitted a submission of information shall be made distance as determined by the market report for the preceding month pursuant with respect to milk of each producer administrator, at the rates specified in to § 975.30 of: whom the cooperative association certi­ § 975.55 based on mileage measured (a) The classification pursuant to fies is a member, which is received on from Public Square in Cleveland, Ohio. §§ 975.46 and 975.47 of skim milk and and after the first day of the calendar § 975.82 Butterfat differential. butterfat contained in producer milk month next following receipt of such received by such handler during the certification through the last day of the In making payments pursuant to para­ month and the value of such milk com­ month next preceding receipt of notice graphs (a) and (b) of .§ 975.80 there puted pursuant to § 975.70; from the cooperative association of a shall be added to or subtracted from the (b) The uniform prices for the month termination of membership or until the uniform price per hundredweight, for computed pursuant to §§ 975.71, 975.72, original request is rescinded in writing each one-tenth of 1 percent of such and 975.73; and by the association; butterfat content in milk above or below (c) The amount due such handler (2) A copy of each such request, 3.5 percent, as the case may be, a butter­ pursuant to § 975.85 and the amount to promise to reimburse and certified list fat differential equal to the average of be paid by such handler pursuant to of members shall be filed simultaneously the butterfat differentials determined §§ 975.84, 975.86, and 975.87. with the market administrator by the pursuant to paragraphs (a) , (b) , and (c) association and shall be subject to veri­ of § 975.54 weighted by the pounds of P ayments fication at his discretion, through audit butterfat in producer milk in Classes I, § 975.80 Time and method o f payment. of the records of the cooperative associ­ H, and IH, respectively, with the result ation pertaining thereto. Exceptions, if rounded to the nearest tenth of a cent. (a) Except as provided by paragraph any, to the accuracy of such certifica­ (b) of this section, on or before the 18th tion by a producer claimed to be a mem­ § 975.83 Producer-settlement fund. day of each month, each handler (ex­ ber, or by a handler shall be made by The market administrator shall estab­ cept a cooperative association) shall pay written notice to the market administra­ lish and maintain a separate fund, each producer for milk received from tor, and shall be subject to his deter­ known as the “producer-settlement him during the preceding month, not mination; fund”, into which he shall deposit all less than an amount of money computed payments made pursuant to § 975.84 and by multiplying the total pounds of such (c) Upon written request filed with milk by the applicable uniform price (s) him on or before the 15th day of the out of which he shall make all payments pursuant to § 975.71 or §§ 975:72 and month by a producer, or by a cooperative pursuant to § 975.85. 975.73 adjusted by the butterfat and lo­ association which collects payments pur­ § 975.84 Payments to the producer-set­ suant to paragraph (b) of this section, tlement fund. cation differentials pursuant to §§ 975.81 each handler shall make advance pay­ and 975.82, and less any proper deduc­ ment as follows: On or before the 16th day after the tions authorized by the producer, in­ (1) On or before the last day of the end of the month each handler shall cluding advance payments made pursu­ month, to each such producer who has make payments to the market adminis­ ant to paragraph (c) of this section: Pro­ not discontinued delivery of milk to such trator as follows: vided, That if by such date such handler handler,. an amount not less than the (a) If the value of milk received by a has not received full payment for such value of milk received from such pro­ handler in the month as computed pur­ month pursuant to § 975.85 he may re­ ducer during the first 15 days of such suant to § 975.70 exceeds the amount duce such payments uniformly per hun­ month computed at the Class III price which such handler is required to pay dredweight for all producers, by an for 3.5 percent milk for the preceding all producers pursuant to § 975.80- such amount not in excess of the per hun­ month, without deduction for hauling; handler shall pay the difference between dredweight reduction in payment from the two amounts; and the market administrator; however, the (2) On or before the 27th day of the handler shall make such balance of pay­ month, to the cooperative association, (b) Except as exempted pursuant to ment to those producers to whom it is with respect to milk received during the §§ 975.90, 975.91 and 975.92 each handler due on or before the date for making first 15 days of the month from certified who operates during the month a non­ payments pursuant to this paragraph members specified in the request for pool plant out of which a route (s) was next following that on which such bal­ advance payment, an amount not less operated which extended into the mar­ ance of payment is received from the than the aggregate value of such milk keting area an amount equal to the total market administrator. at the Class H I price for 3.5 percent milk hundredweight of fluid milk products so (b) (1) Upon receipt of a written re­ for the preceding month, without de­ disposed of multiplied by the difference quest from a cooperative association duction tor hauling; and between the Class I price adjusted for which the Secretary determines is au­ (d) On or before the 15th day after location and butterfat and the Class HI the end of each month, each handler price. thorized by its members to collect pay­ shall pay a cooperative association ment for their milk and receipt of a which is a handler, with respect to milk § 975.85 Payments out of the producer- written promise to reimburse the han­ received by him from a pool plant op­ settlement fund. dler the amount of any actual loss in­ erated by such cooperative association, On or before the 17th day after the curred by him because of any improper end of each month, the market adminis­ claim on the part of the association, not less than an amount computed by multiplying the minimum prices for milk trator shall pay to each handler the each handler shall pay to the cooperative amount by which such handler’s value association on or before the 16th day in each class, subject to the applicable location adjustment provided by § 975.55 pursuant to § 975.70 is less than the of each month, in lieu of payments pur­ total minimum amount required to be suant to paragraph (a) of this section and the butterfat differential provided by § 975.54, by the hundredweight of paid by him pursuant to paragraphs an amount equal to the gross' sum due (a) and (b) of § 975.80 less any un­ for all milk received from certified mem­ milk in each class pursuant, to §§ 975.46 and 975.47. paid- obligations of such handler to bers, less amounts» owing by each mem­ the market administrator pursuant to ber-producer to the handler for supplies § 975.81 Location adjustments to pro­ purchased from him on prior written §§ 975.84, 975.86, 975.87, or § 975.88: Pro­ ducers. vided, That if the balance in the pro­ order or as evidenced by a delivery ticket In making payments pursuant to para­ ducer-settlement fund is insufficient to signed by the producer and submit to the graphs (a) and (b) of § 975.80, a handler cooperative association written infor­ make all payments to all such handlers may deduct with respect to eligible milk pursuant to this paragraph the market mation which shows for each such mem­ received from producers during the ber-producer (i) the total pounds of administrator shall reduce uniformly milk received from him during the pre­ months specified in § 975.60 and with such payments and shall complete such ceding month, (ii) the total pounds of respect to all milk received from pro­ payments as soon as the necessary funds ducers at a pool plant or reload point become available. butterfat contained in such milk, (iii) located 40 miles or more from the Public the number of days on which milk was Square in Cleveland, Ohio, and also 27.5 § 975.86 Expense of administration. received, and (iv) the amounts with­ miles or more from the nearer of the City As his pro rata share of the expense held by the handler in payment for sup­ Hall in Akron, Ohio, or the City Hall in of administration of this part, each plies sold. The foregping payment and Canton, Ohio, by the shortest highway handler shall pay to the market adminis- Tuesday, July 28, 1959 FEDERAL REGISTER' 5995 trator on or before the 16th day after (b) Overdue accounts. Any unpaid market administrator) was made by the the end of each month three cents per obligation of a handler or of the market handler if a refund on such payment -is hundredweight, or such amount not ex­ administrator pursuant to §§ 975.84, claimed, unless such handler, within the ceeding three cents per hundredweight 975.85, 975,86, 975.87 or paragraph (a) applicable period of time, files, pursuant as the Secretary mgy prescribe with re­ of this section shall be increased one- to section 8c(15) (A) of the Act, a petition spect to: half of one percent on the first day of claiming such money. the calendar>month next following the (a) All receipts within the month of Application op P rovisions milk from producers, including milk of due date of such obligation and, on the such handler’s own production; first day of each calendar month there­ § 975.90 Milk subject to other Federal (b) Any other source milk allocated after until such obligation is paid. orders. to Class I pursuant to § 975.46(b) and § 975.89 Termination of obligations. Milk received at the plant of a handler the corresponding stgp of § 975.47; and at which the handling of milk is fully (c) The amount of milk for which The provisions of this section shall subject during the month to the pricing a payment is computed pursuant to apply to any obligation under this part and payment provisions of another mar­ § 975.84(b). s for the payment of money. keting agreement or order issued pur­ (a) The obligation of any handler to § 975.87 Marketing services. suant to the Act and from which the pay money required to be paid under the disposition of Class I milk in the other (a) Except as set forth in paragraph terms of this part shall, except as pro­ Federal marketing area exceeds that in (b) of this section, each handler in mak­ vided in paragraphs (b) and (c) of this, the Northeastern Ohio marketing area ing payments to producers pursuant to section, terminate two years after the shall be exempted for such month from paragraphs (a) and (b) of § 975.80, with 'iast day of the calendar month during all provisions of this part except respect to all milk received from each which the market administrator receives §§ 975.31, 975.32, 975.33 and 975.34 unless producer (except milk of such handler’s the handler’s utilization report on the the Secretary determines that the appli­ own produption) at a plant, not operated milk involved in such obligation, unless cable order should more appropriately by a cooperative association of which within such two-year , period the market be determined on some other basis. such producer is a member, shall deduct administrator notifies the handler in five cents per hundredweight, or such writing that such money is due and pay­ § 975.91 Handler exemption. lesser amouiit as the Secretary may from able. Service of such notice shall be A handler who operates a plant time to time prescribe, to be announced complete upon mailing to the handler’s described in §§ 975.8(a) or 975.9 lo­ by the market administrator on or be­ last known address, and it shall contain cated outside the marketing area from fore the 14th day after the end of each but need not be limited to, the following which an average of less than 300 points month; and, on or before the 16th day information: (one point being defined as one-half after the end of such month, shall pay (1) The amount of the obligation; pint of cream or one quart of any other such deductions to the market adminis­ (2) The month(s) during which the fluid milk product) of Class I milk per trator. Such monies shall be expended milk, with respect to which the obliga­ day is disposed of during the month on by the market administrator to verify tion exists, was received or handled; and a route (s) operated wholly or partly weights, samples, and tests of the milk (3) If the obligation is payable to one within the marketing area shall be ex­ of such producers and to provide such or more producers or to an association of empted for such month from all provi­ producers with market information; producers; the name of such producer(s) sions of thig part except §§ 975.31, 975.32, such services to be performed in whole or association of producers, or if the 975.33 and 975.34. or in part by the market administrator, obligation is payable to the market ad­ or by an agent engaged by and re­ ministrator, the account for which it is § 975.92 Producer-handler. sponsible to him; to be paid. A producer-handler shall be exempt (b) In the case of producers whose (b) If a handler fails or refuses, with from all provisions of this subpart except milk is received at a plant, not operated respect to any obligation under this part, §§ 975.31, 975.33 and 975^4. by a cooperative association of which to make available to the market admin­ istrator or his representatives all books E ffective T im e, S uspen sio n or such producers are members, and for T ermination whom a cooperative association is actu­ and records required by this part to be ally performing the services described in made available, the market adminis­ §~975.100 Effective time. paragraph (a) of this section, as de­ trator may, within the two-year period The provisions of this part or of any termined by the market administrator, provided for in paragraph (a) of this section, notify the handler in writing of amendment to this part, shall become ef­ each handler shall make, in lieu of the fective at such time as the Secretary may deductions specified in paragraph (a) of such failure or refusal. If the market administrator so notifies a handler, the declare and shall continue in force until this section such deductions from pay­ suspended or terminated. ments required pursuant to paragraphs said two-year period with respect to such (a) and (b) of § 975.80 as may be author­ obligation shall not begin to run until § 975.101 Suspension or termination. ized by such producers, and pay such the first day of the calendar month fol­ The Secretary shall, whenever he finds deductions on or before the 16th day lowing the months during which all such that this part, or any provisions of this after the end of each month to the co- books and records pertaining to such part, obstructs or does not tend to effec­ operative association rendering such obligation are made available to the mar­ tuate the declared policy of the Act, services and of which such producers are ket administrator or his representatives; terminate or suspend the operation of members. (c) Notwithstanding the provisions this part or any such provision of this of paragraphs (a) and (b) of this sec­ part. §975.88 Adjustment of accounts. tion, a handler’s obligation under this (a) Payments. Whenever audit by the part to pay money shall not be termi­ §975.102 Continuing obligations. market administrator of any handler’s nated with respect to any transaction in­ If, upon the suspension or termination reports, books, records, or accounts dis­ volving fraud or willful concealment of of any or all provisions of this part, there closes adjustments to be made, for any a fact, material to the obligation, on the are any obligations under this part the reason, which result in monies due (1) part of the handler against whom the final accrual or ascertainment of which the market administrator from such obligation is sought to be imposed; requires further acts by any person (in­ handler, (2) such handler from the mar­ (d) Any obligation on the part of the cluding the market administrator), such ket administrator, or (3) any producer market administrator to pay a handler further acts shall be performed notwith­ or cooperative association from such any money which such handler claims standing such suspension or termination. to be due him under the terms of this handler, the market administrator shall part shall terminate two years after the § 975.103 Liquidation. promptly notify such handler of any such end of the calendar month during which Upon the suspension or termination of amount due, and payment thereof shall the milk involved hi the claim was re­ the provisions of this part, except this be made on or before the next date for ceived if an underpayment is claimed, section, the market administrator, or making payment set forth in the provi­ or two years after the end of the calen­ such other liquidating agent as the Sec­ sion under which such error occurred, dar month during which the payment retary may designate, shall, if so directed following the 5th day after such notice. (including deduction or set-off by the by the Secretary, liquidate the business 5996 RULES AND REGULATIONS of the market administrator’s office, dis­ effect for the same type of Florida avo­ T ennessee—Continued pose of all property in his possession or cados" pursuant to the marketing agree­ Average control, including accounts receivable, ment and Order No. 69, as-amended C7' County value and execute and deliver all assignments CFR 969) regulating the handling of C arter__ ___ $24, 000 or other instruments necessary or appro­ avocados grown in south Florida. /Cheatham __ 23.000 priate to effectuate any such disposition. (b) It is hereby found that it is im­C h e s te r_.__ 22, 000 If a liquidating agent is so designated practicable, unnecessary, and contrary C la ib o rn e__ 22, 000 C la y ------23, 000 all assets, books, and records of the mar­ to the public interest to give preliminary C ocke__;___ 24, 000 ket administrator shall be transferred notice, engage in public rule making pro­ Coffee ______23.000 promptly to such liquidating agent. If, cedure, and postpone the effective time Crockett ___ 26, 000 upon such liquidation, the funds on hand of this-amendment beyond that herein­ Cumberland 23, 000 exceed the amounts required to pay out­ after specified (5 U.S.C. 1001 et seq.) D avidson___ 31.000 standing obligations^ of the office of the because (1) this amendment of the ex­ Decatur ____ 25, 000 market administrator and to pay neces­ isting import regulations is necessary to De K a lb ___ - 25, 000 D ickson__ :_ 22.000 sary expenses of liquidation and distribu­ effectuate' the purposes of section 8e of D y e r _-,___ 31.000 tion, such excess shall be distributed to the Agricultural Marketing Agreement F a y e tte __ _ 26, 000 contributing handlers and producers in Act of^l937, as amended (7 U.S.C. 601- Fentress ___ 23.000 an equitable manner. 674) ; (2) compliance with t^iis amend­ Franklin __ 25, 000 G ib so n ___;_ 26, 000 M iscellaneous P rovisions ment to the avocado import restrictions will not require any special preparation G ile s __ ___ 25, 000 § 975.110 Agents. Grainger ___ 24, 000 which cannot be completéd by the effec­ G re e n e _____ 27, 000 The Secretary may, by designation in tive time; and (3) this amendment re­ Grundy ___ . 20, 000 writing, name any officer or employee of lieves restrictions on the importation of Hamblen ’___ 26, 000 the United States to act as his agent or the Trapp variety of avocados into the H a m ilto n __ 23.000 representative in connection with any United States. Hancock ___ 20, 000 H ardem an__ 24, 000 of the provisions of this part. Effective time. The provisions of this Hardin ____ 23, 000 § 975.111 Separability of provisions. amendment shall become effective at H a w k in s___ 22. 000 12:02 a.m., e.s.t., July 27, 1959. H ayw ood___ 26, 000 If any provision of this part or it§*ap- (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Henderson 25, 000 plication to any person or circumstances, 601-674) H e n r y _ 25, 000 is held invalid, the application of such H ickm an___ 23, 000 provision, and of the remaining provi­ Dated: July 23,1959. Houston 22, 000 sions of this pari, to other persons or H um phreys_ 22, 000 S. R. Sm it h , Jackson ____ 22, 000 circumstances shall not be affected Director, Fruit and Vegetable Jefferso n ___ 26, 000 thereby. Division, Agricultural Mar­ Jo h n so n ____ 23, 000 (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. keting Service. K n o x __ ___ 30, 000 601-674) L a k e ______38, 000 [F.R. Doc. 59-6194; Filed, July 27, 1959; L auderdale_ 31.000 Issued at Washington, D.C., this 22d 8:51 a.m.] Lawrence 23, 000 day of July 1959, to be effective on and L e w is______18, 000 after the 1st day of August 1959. Lincoln _____ 25, 000 Loudon _____ 23, 000 Clarence L. M iller, Title 6— AGRICULTURAL McMinn ____ 23.000 Assistant Secretary. McNairy ____ 23, 000 [F.R. Doc. 59-6183; Filed, July 27, 1959; CREDIT M a c o n ___ 20, 000 8:50 a.m.] M adison____ 25, 000 Chapter III— Farmers Home Adminis­ Marion ___ _ 23, 000 M a rsh a ll___ 25, 000 tration, Department of Agriculture Maury _____ 28, 000 SUBCHAPTER B— FARM OWNERSHIP LOANS M eig s______21, 000 . M o n ro e __ 23, 000 SUBCHAPTER B— PROHIBITIONS OF IMPORTED [FHA Instruction 428.1] Montgomery . 25, 000 COMMODITIES Moore ___ _ 23, 000 [Avocado Reg. No. 7, Amdt. 1] PART 331— POLICIES AND Morgan _____ 24, 000 AUTHORITIES O b io n ______30, 000 PART 1067— AVOCADOS Overton _____ 23, 000 Average Values of Farms; Tennessee Perry ______21, 000 Pursuant to the provisions of section and Texas. Pickett _____ 23, 0Q0 8e of the Agricultural Marketing Agree­ P o lk _____ sL. 23.000 ment Act of 1937, as amended (7 U.S.C. On July 14, 1959, for the purposes of P u tn a m _____ 24, €00 601-674), paragraph (a)(4) of § 1067.7 Title I of the Bankhead-Jones Farm R h e a ______22, 000 (Avocado Regulation No. 7; 24 F.R. Tenant Act, as amended, the average Roane ______22. 000 5825) is hereby amended to read as values of efficient family-type farm- R obertson___ 27, 000 follows: management units for the counties iden­ Rutherford 27, 000 tified below were determined to be as S c o t t ______23, 000 . (4) Avocados of the Trapp variety herein set forth. The average values Sequatchie 23, 000 shall not be imported (i) prior to 12:01 Sevier ______27.000 heretofore established for said counties, 30, 000 a.m., e.s.t.,"August 3, 1959, unless the which appear in the tabulations of aver­ S h e lb y ___ individual fruit in each lot of such avo­ Smith ____ 25, 000 cados weighs at least 14 ounces or meas­ age values under § 331.17, Title 6 of the Stewart __ 21.000 ures at least 3%e inches in diameter ; and Code of Federal Regulations, are hereby Sullivan ____ 26, 000 (ii) during the period beginning at 12:01 superseded by the average values, set S u m n e r____ 25, 000 a.m., e.s.t., August 3, 1959, and ending at forth below for said counties. Tipton _____ 28, 000 12:01 am., e.s.t., August 31, 1959, unless T ennessee T ro u sd ale___ 23, 000 the individual fruit in each lot of such Average, Unicoi ______21, 000 avocados weighs at least 12 ounces of County value 1 Union ______23, 000 Anderson ______$25,000 22 ,0 0 0 measures at least 3%6 inches in diameter. Van B u re n __ B ed fo rd ______25.000 Warren _____ 25.000 Findings and determinations, (a) It Benton ______20, 000 Washington 28, 000 Bledsoe ______23.000 20 .0 0 0 is hereby determined, on the basis of Blount ______29.000 Wayne ______the further information which is now W eak ley __ _ 24.000 B ra d le y ______23.000 24.000 available, that the requirements set Campbell ______22.000 White ...... forth in this amendment are comparable C a n n o n ______25.000 Williamson 28, 000 to the maturity regulation presently in C arro ll______l____ 23.000 Wilson ___». 25, 000 Tuesday, July 28, 1959 FEDERAL REGISTfR 5997

Texas (Boeing Service Bulletin No. 379 and Vick­ Commission charging two affiliated Average ers Service Letter dated June 17,1959, pertain Chicago concerns with obtaining advance County value to item (a). Boeing Service Bulletins Nos. fees from businessmen seeking loan and Bell ----- $40, 000 69 and 213 pertain to item (b).) property owners wanting to sell, by of­ Bosque , 40.000 59_16_6 Lockheed. Applies to all Lockheed fering false inducements including rep­ Burnet _ 40.000 Model 188A aircraft. 40.000 resentations that they were affiliated Childress Compliance required as indicated. with lending institutions which would Coryell _ 40, 000 On a daily basis, visually inspect the No. 4 C o ttle _ 40, 000 upper wing surface plank, left and right side, make loans to anyone they recom­ Gonzales 40.000 for spanwise cracks. The area affected is mended, and that even larger loans than Hamilton 40, 000 adjacent to the outboard side of No. 2 and those requested would be obtained for H a rris _ 40.000 No. 3 nacelle attach angles (approximately those paying the fee; that they had Haskell _ 40, 000 wing Sta. 209) particularly near the forward ready buyers interested in the specific Hopkins 23.000 edge of the plank. Continue the daily in­ properties, asking prices of which should (Sec. 41, 50 Stat. 528, as amended; 7 UJ3.C. spection until an approved reinforcement be increased; and that the advance fees 1015; Order of Acting Sec. of Agric. 19 F.R, designed to preclude cracking is installed. would be refunded if the loans were not 74, 77, 22 F.R. 8188) Lockheed Service Bulletin No« 188/SB—306 describes a satisfactory reinforcement. In procured or the properties sold. Dated: July 22, 1959. any event, reinforcement must be installed After acceptance of an agreement for a consent order, the hearing examiner H. C. S m ith, by January 1, 1960, Acting Administrator, If cracks are found, FAA approved repair made his initial decision and order to and reinforcement is required prior to fur­ cease and desist which became on July Farmers Home Administration. ther operation. A one time ferry to a main 1 the decision of the Commission. [F.R. Doc. 59-6184; Filed, July 27, 1959; base is permissible. Upon installation of the The order to cease and desist is as 8:50 a.m.] above reinforcement, or the reinforcement and repair, the daily inspections may be dis­ follows: „ continued. Eastern Airlines sketches 62059 It is ordered, That respondents Charles and 62259 both revised June 25, 1959, are Ford & Associates of the Midwest, Inc., Title 14— AERONAUTICS AND also considered satisfactory for thirpiurpose. a corporation, and its officers and This supersedes AD 59-13-3. Charles C. Solk, individually and as an SPACE This amendment shall become effec­ officer of said corporation, and respond­ Chapter III— Federal Aviation Agency tive immediately. ents’ representatives, agents and em­ Issued in Washington, D.C., on July 24, ployees, directly or through any other SUBCHAPTER C— AIRCRAFT REGULATIONS 1959. corporate device, in connection with the [Reg. Docket 75; Amdt. 32] offering for sale or sale of advertising (Sec. 313(a), 601, 603 ; 72 Stat. 752, 775, 776; in any advertising media, or of other PART 507— AIRWORTHINESS 49 U.S.C. 1354(a), 1421, 1423) services and facilities in connection with DIRECTIVES J ames T. P y le, the offering for sale, selling, buying or Acting Administrator. exchanging of business or any other kind Miscellaneous Amendments [F.R. Ddc. 59-6230; Filed, July 27, 1959; of property, in commerce, as “commerce” As a result of failure of an engine * \ 8:53 a.m.] is defined in the Federal Trade Commis­ driven hydraulic pump on a Boeing 707- sion Act, do forthwith cease and desist 100 series aircraft, replacement or modi­ from representing, directly or by impli­ fication is necessary. cation, that: A satisfactory reinforcement has been Title 16— COMMERCIAL 1. Respondents have available pro­ designed for the wing surface plank spective buyers who are interested in the cracks which have been inspected daily PRACTICES purchase of, the specific property sought to be listed or advertised. on Lockheed 188A aircraft. Instructions Chapter I— Federal Trade Commission regarding this rework are now covered 2. Respondents will finance the pur­ in a new directive which supersedes 59- [Docket 7338 c.o.] chase of the listed property. 3. The property is underpriced by the 13-3 as it appeared in 24 F.R. 5534. PART 13— DIGEST OF CEASE AND For the reasons stated above, the Ad­ owner or that the asking price should be ministrator finds that corrective action DESIST ORDERS increased or that respondents Cah or will is required in the interest of safety, that sell the property at the increased price. Charles Ford & Associates of the 4. Respondents assume all risks or ob­ notice and public procedure hereon are Midwest, Inc., et al. impracticable and that good cause exists ligations in connection with their activi­ for making this amendment effective on Subpart—Advertising falsely or mis­ ties in listing or attempting to sell the less than 30 days notice. leadingly: § 13.15 Business status, advan­ listed property, or that the owner or In consideration of the foregoing tages, or connections: Connections or ar­ prospective borrower has nothing to lose. 1 507.10(a) is amended by adding the rangements with others; financing 5. Respondents are associated with following new airworthiness directives: activities; service; § 13.185 Refunds, re­ large numbers of cooperating brokers pairs, and replacements. who will assist in the sale of listed 59-16-5 Boeing. Applies to 707-ID0 Series property. aircraft with the following Serial Num­ (Sec. 6, 38 sta t. 721; 15 U.S.C. 46. Interpret bers: Model 707-121 Serial Numbers or apply Sec; 5, 38 Stat. 719, as amended; 6. The listing or advance fee will be 17586 through 17591, Model 707-124 15 U.S.C. 45) [Cease and desist order, refunded if the property is not sold with­ Serial Number. 17609, Model 707-123 Charles Forcl & Associates of th e Midwest, in a short period of time. Serial Numbers 17628 through 17643, Inc., et al., Chicago, HI., Docket 7338, July 1, 7. Property listed with respondents Model 707-131 Serial Numbers 17659 1959] will be sold within a short period of time, through 17672, Model VC-137A Serial or that the sale is guaranteed, or that „Numbers 17925 through 17927. In the Matter of Charles Ford & Asso­ respondents have sold the property of Compliance required not later than August ciates of the Midwest, Inc., a Corpora­ 21, 1959. - others, who listed it with them, within tion, and Charles C. Solk, Donald Karol a few weeks or other short period of As a result of complete loss of fluid during and Gerald Newman, Individually and service operation of the utility hydraulic as Officers of Said Corporation; Casey time. system, primarily due to failure of engine and Associates, Incorporated, a Cor­ It is further ordered, That respondents driven hydraulic pump the following must Casey and Associates, Incorporated, a be accomplished: poration, and Emmet R. Casey, Charles corporation, and its officers and Charles (a) Install new pump, Vickers No. AS- C. Solk, Donald Karol and Gerald C. Solk, individually and as an officer of 61689-L-2E, in place of the AS-61689-L-2B Newman, Individually and as Officers said corporation, Emmet R. Casey, in­ or - 2G, or install pump external by-pass of Said Corporation-; and Carl F. dividually and as a former officer of said valve No. A-90073-Y6 with the -2B o r -2C Strodel, A. R. O’Rgurke and George corporation, and George B. Bry, individ­ pump. If the pump external by-pass valve B. Bry, Individually is installed the shaft seal on each hydraulic ually, and respondents’ representatives, pump must be replaced at the same time. This proceeding'was heard by a hear­ agents and employees, directly or (b) Install return line filter. ing examiner on the complaint of the through any corporate or other device, 5998 / RULES AND REGULATIONS I 7 ; in connection with the offering for sale, Misrepresenting oneself and goods— or otherwise restricted or require certain or sale, of services to obtain loans for, or Goods: § 13.1615 Earnings and profits; qualifications are open, unless the fact financial assistance to, businessmen or § 13.1670 Jobs and employment: Gov­ that such restrictions and qualifications others, in commerce, as “commerce” is ernment; 1 § 13.1697 Opportunities «in exist is clearly set forth; defined in the Federal Trade Commission product or service; § 13.1740 Scientific or 4. The starting salary, or any other Act, do forthwith* cease and desist from other relevant facts. salary, that may be received by persons representing, directly or by implication, (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret receiving a Civil Service appointment is that: or apply sec. 5, 38 Stat. 719, as amended; 15 higher than is the fact; 1. Respondents will obtain loans with­ U.S.C. 45) [Cease and desist order, Charles 5. Their said *business^their agents or in a short period of time. F. Gomez trading as Western Coaching representatives, or any one of them, has 2. Respondents will refund the fee Bureau (San Francisco, Calif.) et al., Docket any connection with the United States paid in the event they do not obtain a 7238, July 1, 1959; and Robert . J. Gartner Civil Service Commission, any agency trading as Universal Extension Service, loan. Grand Island, Nebr., Docket 7238, July 4, thereof, or any other agency of the 3. Respondents can and will obtain 1959] United States Government; larger loans than the loans requested 6. Completion of respondents’ course by businessmen. In the Matter of Charles F. Gomez, of instruction makes persons eligible for 4. Respondents are agents of, corre- Trading as Western Coaghing Bureau, appointment to, or assures them of or spodents for, or are affiliated with banks, Marie Gomez, an Individual, Roy guarantees United States Civil Service insurance companies, or other lending Huston, Trading as National Exten­ positions. and financing institutions. sion Service, James A. Sundstrom, 5. Banks or other lending institutions Trading as Western Training Service, By “Decision of the Commission”, etc., will make loans to anyone recommended and Robert J. Gartner, Trading as under two separate dates as aforesaid, by respondents. Universal Extension Service reports of compliance were required as follows: 6. Respondents have obtained loans This proceeding was heard by a hear­ within short periods of time for other ing examiner on the complaint of the It is ordered, That the above-named businessmen. Commission charging the supplier and respondents shall,^ within sixty (60) days 7. Respondents* principal business is three distributors of a correspondence after service upon them of this order, that of business Consultants and that course on Civil Service preparation with file with the Commission a report in their service in obtaining loans is only representing falsely that they were con­ writing, setting* forth in detail the man­ a part of their principal business. nected with the U.S. Government and ner and form in which they have com­ It is further ordered, That the com­ that persons completing the course were plied with the order to cease and desist. plaint be and the same hereby is dis­ guaranteed Government jobs, and with Issued: June 1 and June 9, 1959. missed as to respondents Donald Karol misrepresenting the availability and and Gerald, Newman, individually and salaries of Civil Service positions. By the Commission. as officers of said corporations, and Carl Following acceptance of agreements [seal] R obert M. P arrish, F. Strode! and A. R. O’Rourke, individ­ containing consent orders, the hearing - Secretary. ually, without prejudice to the right of examiner made two initial decisions on the Commission to take such action in two separate dates, one with respect to [F.R. Doc. 59-6153; Filed, July 27, 1959; the future as may be warranted by the three respondents and the other for the 8:45 a.m.] then existing conditions. remaining distributor, which initial de­ By “Decision of the Commission”, etc., cisions became on July 1 and July 4, report of compliance Was required as respectively, the decisions of the Com­ Title 19— CUSTOMS DUTIES follows: mission. The order to cease and desist, includ­ Chapter I— Bureau of Customs, It is ordered, That the respondents, ing all respondents, is as follows: Department of the Treasury except those against whom the complaint has been dismissed, shall within sixty It is ordered, That respondents Charles [T.D. 54900] (60) days after service upon them of F. Gomez, individually and doing busi­ this order, file with the Commission a ness under the name of Western Coach1- PART 1— CUSTOMS DISTRICTS, report, in writing, setting forth in detail ing Bureau, or under any other name; PORTS, AND STATIONS the manner and form in which they have Marie Gomez, individually; respondent complied with the order to cease and James A. Sundstrom, individually and Extension of Limits of Customs Port of desist. doing business under the name of West­ Brownsville, Texas Issued: June X, 1959. ern Training Service, or under any other name; respondent Roy Huston, indi­ J uly 21,1959. By the Commission. vidually and doing business under the By virtue of the authority vested in name of National Extension Service; and [seal] R obert M. P arrish, the President by section 1 of the Act of Secretary. respondent Robert J. Gartner, indi­ August 1, 1914, 38 Stat. 623 (19 U.S.C. vidually and doing business under the 2), which was delegated i;o the Secretary [F.R. Doc. 59-6152; Filed, July 27, 1959;, name of Universal Extension Service, or of the Treasury by the President by 8:45 a.m.] under any other name, and their repre­ Executive Order No. 10289, September sentatives, agents and employees, di­ 17, 1951 (3 CFR, 1951 Supp., Ch. II), rectly or through any corporate or other ' the limits of the customs port of entry, device, in connection with the offering of Brownsville, Texas, in Customs Col­ [Docket 7238 c.o.] for sale, sale and distribution in com­ lection District No. 23 (Laredo), com­ merce, as “commerce” is defined in the PART 13— DIGEST OF CEASE AND prising the territory within the corporate Federal Trade Commission Act, of limits of Brownsville^ and including the DESIST ORDERS courses of study and instruction, do territory described in Executive Order Charles F. Gomez et al. forthwith cease and desist from repre­ 7474,1 F.R. 1642 (T.D. 48589), are hereby senting, directly or indirectly, that: extended to include the Brownsville Ship Subpart—Advertising falsely or mis­ 1. There are vacancies for any speci­ Channel; an area approximately 1750' leadingly: § 13.60 Earnings and profits; fied United States Civil Service positions, x 2800' comprising the Brownsville § 13.115 Jobs and employment service: when such vacancies do hot exist; Government; §13.143 Opportunities; 2. Positions in the United States Civil Shrimp Basin located adjacent to the § 13.205 Scientific or other relevant Service which may be open are available north side of the Brownsville Ship Chan­ facts. Subpart—Furnishing means and to all persons; nel 4.3 miles east of the Brownsville Ship instrumentalities of misrepresentation 3. Positions in the United States Civil basin; the Port Isabel Ship Channel; and or deception: § 13.1055 Furnishing Service which aré restricted to any group the area within the corporate limits of means and instrumentalities of misrep­ the city of Port Isabel. The customs resentation or deception. Subpart-— *New. station of Port Isabel, which is within Tuesday, July 28, 1959 FEDERAL REGISTER 5999

the territory described above, will be­ designated for firing except as may be come a part of the port of entry of Title 33— NAVIGATION AND authorized by the enforcing agency. No­ Brownsville. tification to maritime interests of spe­ Section 1.1(c), Customs Regulations, NAVIGABLE WATERS cific dates of firing will be disseminated is amended by deleting “ *Brownsville through the U.S. Coast Guard media of (including territory described in E.O. Chapter II— Corps of Engineers, the Local Notice to Mariners and the 7474, Oct. 17, 1936; 1 F.R. 1642)” and Department of the Army NOTAMS published by the Corps of En­ gineers. On dates not specified for adding “*Brownsville, Texas (including PART 203— BRIDGE REGULATIONS territory described in T.D. 54900) ” in the firing, the area will be open to normal column headed “Ports of entry” in Dis­ PART 204— DANGER ZONE maritime traffic. trict No. 23 (Laredo). REGULATIONS (2) The regulations of this section Section 1.2(d) of the Customs Regula­ shall be enforced by the Commanding tions, is amended by deleting “Port Bayou Lafourche, La.; Pacific Ocean, General, United States Army, Ha- Isabel, Tex.” and “Brownsville” from the Hawaii waii/25th Infantry Division, APO 957, columns headed “Customs Stations” and and such agencies as he may designate. 1. Pursuant to the provisions of sec­ “Port of entry having supervision”, re­ [Regs., July 13, 1959. 285/91 (Pacific Ocean, spectively, in District No. 23. tion 5 of the River and Harbor Act of jla w a ii)—ENGWO] (40 Stat. 266, 892; 33 August 18, 1894 (28 Stat. 362; 33 U.S.C. U.S.C. 1,3) (R.S. 161, as amended, 251, sec. 1, 37 Stat. 499), § 203.245 governing the operation 434, sec. 1, 38 Stat. 623, as amended; 5 U.S.C. of drawbridges across navigable waters R . V. L ee, 22, 19 U.S.C. 1, 2, 66) [MC 192-23.1] discharging into the Atlantic Ocean Major General, U.S. Army, [seal] > A. Gilmore F lue:*, south of and including Chesapeake Bay The Adjutant General. Acting Secretary of the Treasury. and into the Gulf of Mexico, except the [F.R. Doc. 59-6149; Filed, July 27, 1959; Mississippi River and its tributaries and 8:45 a.m.] [F.R. Doc. 59-6191; Filed, July 27, 1959; 8:51 a.m.] outlets, where constant attendance of draw tenders is not required, is hereby amended prescribing paragraph (j) (1-a) to govern the operation of the Louisiana Title 38— PARKS, FORESTS, [T.D. 54901] Department of Highways bridge at Thi- bodaux, Louisiana, as follows: AND MEMORIALS PART 8 — LIABILITY FOR DUTIES: § 203.245 Navigable waters discharging Chapter I— National Park Service, ENTRY OF IMPORTED MERCHAN­ into the Atlantic Ocean south of and Department of the Interior DISE including Chesapeake Bay and into the Gulf of Mexico, except the Mis­ PART 20— SPECIAL REGULATIONS Use of Informal Entry Prepared sissippi River and its tributaries and on Certain Non-Serially-Numbered outlets; bridges where constant at­ Glacier National Park tendance of draw tenders is not Customs Form required. By notice of proposed rule making * * * * * published in the F ederal R egister on To make it clear that an informal April 22, 1959 (24 F.R. 3113), interested entry prepared oh a non-serially-num- (j) Waterways discharging into Gulf persons were invited to submit written bered customs Form 5119 or 5119-A must of Mexico west of Mississippi River. * * * comments, suggestions, or objections on be presented by an importer or his agent the proposed amendment, by the Super­ to a customs cashier or acting cashier to (1-a) Bayou Lafourche, Louisiana De­ intendent thereof, of the Glacier whom the duties and taxes shall be paid partment of Highways bridge at Thibo- National Park, Montana, special regu­ and by whom the entry shall be num­ daux. At least 48 hours’ advance notice lations. Such written comments, sug­ bered, § 8.51 of the Customs Regulations required. gestions, or objections were required to is amended by substituting the following [Regs., July 10, 1959, 285/91 (Bayou Lafour­ be filed with the Superintendent of Gla­ in lieu of the first sentence of paragraph che, La.)—ENGWO] (Sec. 5, 28 Stat. 362; cier National Park, West Glacier, Mon­ (a) : “Merchandise not exceeding $250 in 33 U.S.C. 499) tana, within thirty days from the publi­ value, unless falling within the provi­ cation of the notice in the Federal sions of § 8.50, may be entered on a cus­ 2. Pursuant to the provisions of sec­ tion 7 of the River and Harbor Act of R egister. toms Form 5119 or 5119-A. Tho non- August 8, 1917 (40 Stat. 266; 33 U.S.C. No comments, suggestions, or objec­ serially-numbered customs Form 5119 or 1) and Chapter XIX of the Army Ap­ tions having been received in response to 5119-A may be prepared by importers or propriation Act of July 9, 1918 (40 Stat. the said notice, the following amend­ their agents or by customs officers when 892; 33 U.S.C. 3), § 204.223a is hereby ment, to become effective upon publi­ it can be presented to a customs cashier prescribed establishing and governing cation in the F ederal R egister, is or acting cashier for payment of duties the use and navigation of a danger zone adopted; and taxes and for numbering of the in the Pacific Ocean at the Island of 1. Paragraph (a) Fishing; open season, entry before the merchandise is exam­ Oahu, Hawaii, as follows; of § 20.3 Glacier National Park, is ined by a customs officer. The serially- amended to read as follows: numbered customs Form 5119 or 5119-A § 204.223a Pacific Ocean, Island of must be prepared by customs officers Oahu, Hawaii; danger zone. (a) Fishing; open season. All waters when the merchandise is to be cleared at (a) The danger zone. Beginning at within the Payk are open to fishing in a time or place where there is no customs point of origin at Kaena Point Light conformance with the State of Montana cashier or acting cashier.” . in latitude 21°34'42" N., longitude open season for high mountain streams 158°16'54" W.; thence on a bearing of and shall close at 10:00 p.m. on October (R.S. 161, 251, sec. 498(a), sec. 624, 46 Stat. 282°30' True to latitude 21°38' N., longi­ 15, subject to the following exceptions 728 as amended, 759, 5 U.S.C. 22, 19 U.S.C. tude 158°33' W.; thence along the arc and restrictions: 66, 1498(a), 1624) of a circle centered at Kaena Point Light (1) Hours of fishing: 5:00 a.m. to [seal] Ralph Kelly, to latitude 21°42'30" N., longitude 10:00 p.m. Commissioner of Customs. 158°03' W.; thence on a bearing of 228° (2) The open season on the Glacier True to latitude 21°35'33" N., longitude National Park section of Waterton Lake Approved: July 21,1959. 158oll'30" W.; thence to point of origin. shall conform to the Canadian season (b) The regulations. (1) The area will for this lake. A. Gilmore Flues, Acting Secretary of the Treasury. be closed to all shipping on specific dates (3) All waters of the Waterton and to be designated for actual firing and Belly River drainages, except Waterton [P.R. Doc. ' 59-6192; Filed, July 27, 1959; no vessel or other craft shall enter or Lake, shall be closed to fishing after 8:51 a.m.] remain in the area during the times 10:00 p.m. on October 1. 6000 RULES AND REGULATIONS

(4) The open season oij the Middle fornia is hereby withdrawn from all Cloud Lakes Recreation Area and North Forks of the Flathead River forms of appropriation under the public T. 45 N. R. 12 E will conform to the Montana season for land laws, including the mining and ‘sec. 21, NE14SW 14, Ny2SEi4SW%, those waters, except that on the Park mineral-leasing laws, and also the dis­ s e ‘/4 , N&SW14 SE1 4 , wy2NEy4 SEy4, side the season will close October 15. posal of materials under the act of July S^SW^NE^ and SW^SE^NE^. (5) Midvale and Hidden Creeks are 31,1947 (61 Stat. 681; 30 U.S.C. 601-604) Totaling 170 acres. closed to fishing at all times. as amended, and reserved for use of the Balman Reservoir Picnic Ground (6) Hidden Lake; Logging Creek, Department of the Navy for military T. 46 N., R 12 E. from the head of Logging Lake and in­ purposes as an addition to those with­ Sec. 6, lots 6, 7, and SE&SW^. cluding Grace Lake; Quartz Creek, be­ drawn by Public Land Order No. 293: ' Totaling 120.65 acres. tween Lower Quartz Lake and Quartz San Bernardino Meridian Lake; and Kintla Creek, between Kintla Brush Creek Picnic Ground Lake and Upper Kintla Lake, shall be T. 9 S., R. 5 W., T. 46 N., R. 12 E. open to fishing from July 1 to October Sec. 3, lots 1, 2 and 3. Sec. 28, S%N%NE%, and Ny2Sy2NE}4. 15, inclusive. The areas described contain 80.87 Totaling 80 acres. 2. Paragraph (b) Fishing; limit of acres. South Brush Creek Picnic Ground catch and in possession, of § 20.3 Glacier R oger Ernst, T. 46 N., R. 12 E. National Park, is amended to read as Assistant Secretary of the Interior. Sec. 33, Ey.SEy4NE&, and E%NE}4SEy4; follows; J uly 22, 1959. Sec. 34, Wy2SWy4NW>4, and W%NW»4 SW&. (b) Fishing; limit of catch and in pos­ [PJB. Doc. 59-6154; Piled, July 27, 1959; Totaling 80 acres. session. (1) The limit of catch per 8:46 a.m.] fisherman per day shall be 15 pounds of The areas withdrawn by this order fish (dressed weight with heads and tails aggregate 1,250.65 acres. intact) and one fish, not exceeding in This order shall take precedence over the aggregate 10 fish. [Public Land Order 1915] but not otherwise affect the existing res­ ervation of the lands for national forest (2) Possession of more than one day’s [Colorado 024419] catch limit by any person at any time is purposes. prohibited. COLORADO R oger Ernst, Assistant Secretary of the Interior. 3. Paragraph (c) Fishing; "bail; li­ Withdrawing Public Lands Within San July 22, 1959. censes, of § 20.3 Glacier National Park, is Isabel National Forest for Use of amended to read as follows: Forest Service as Recreation Areas [P.R. Doc. 59-6155; Piled, July 27, 1959; (c) Fishing; bait; licenses. (1) Fish­ and Picnic Grounds 8:46 a.m.] ing for merchandise or profit is pro­ hibited. By virtue of the authority vested in (2) The possession or use for bait, of the President by the aet of June 4, 1897 salmon eggs or other fish spawn, or any (30 Stat. 34,36; 16 U.S.C. 473) and other­ [Public Land Order 1916] imitation thereof, or substance pre­ wise, and pursuant to Executive Order [82223] pared therefrom, is prohibited. No. 10355 of May 26, 1952, it is ordered (3) A fishing license is not required to as follows: ALASKA fish in the waters of the Park. Subject to valid existing rights, the following-described public lands within Excluding Lands From Chugach Na- {Sec. 8, 39 Stat. 535, as amended; 16 U.S.C., the San Isabel National Forest in Colo­ - tional Forest and Restoring Them 1952 ed., sec. 3) rado are hereby withdrawn from all for Purchase as Homesites Issued this 22d day of June 1959. forms of appropriation under the public land laws, including the mining but not Edward A. Hummel, By virtue of the authority vested in the mineral-leasing laws nor the disposal * the President by section 1 of the act of Superintendent, of materials under the act of July 31, Glacier National Park. June 4, 1897 (30 Stat. 34, 36r 16 U.S.C. 1947 (61 Stat. 681; 69 Stat. 367; 30 U.S.C. 473), and pursuant to Executive Order [FJR. Doc. 59-6163; Piled, July 27, 1959; 601-604) as amended, and reserved for No. 10355 of May 26, 1952, it is ordered 8:47 a.m.] use of the Forest Service, Department of as follows: Agriculture, for recreation areas and The following-described public lands picnic grounds: ♦ in Alaska are hereby eliminated from Title 43— PUBLIC LANDS: New Mexico P rincipal Meridian the Chugach National Forest, and the SAN ISABEL NATIONAL FOREST boundaries of said forest are adjusted accordingly: INTERIOR Hayden Creek Picnic Ground United States Survey No. 3531, lot 6, 1.74 Chapter I— Bureau of Land Manage­ T. 47 N„ R. 10 E. acres latitude 60°29'30'' N., longitude 149°47' ment, Department of the Interior Sec. 11, Si/2SEi4SEi4, SE^SW ^SE^; W. (Homesite No. 171). Sec. 12, SE1/4SEi/4, S ^ S W ^ S E ^ ; United States Survey No. 2525, lot 14, 4.32 APPENDIX— PUBLIC LAND ORDERS Sec. 13, W‘^NWy«, NEi4NW]4; acres; latitude 60°30'05'' N., longitude 149°47' Sec. 14, Ni/aNE^NE^. [Public Land Order 1914] Totaling 230 acres. \ W. (Homesite No. 126). [1966027] United States Survey No. 2757, lot 4, 5.0 Rainbow Lake Picnic Ground acres; latitude 60°55'26" N., longitude 149°39'. [Los Angeles 0135132] T. 46 N., R. 11 E. 20" W. (Homesite No. 178). Sec. 12, NW%SWi4. W&NEJ4SW1/4, - CALIFORNIA sw^Nwyi, swy4SEy4NW]4. The lands are hereby opened, pursuant to section 10 of the act of May 14, 1898 Withdrawing Public Land for Use of Totaling 90 acres. Brush Creek Lakes Recreation Area (30 Stat. 409) as amended by the act of Department of the Navy as Addi­ May 26,1934 (48 Stat. 809; 48 U.S.C. 461), tion to Area Reserved by Public T. 46 N., R. 11 E. to application by holders of permits is­ Sec. 25, NW%, NW14NE14, NW%SW44, and Land Order No. 293 of August 8, Wi/aNEi4Swy4; sued by the Department of Agriculture, 1945 (Camp Pendleton) Sec. 26, NE%SE%. who own valuable improvements thereon By virture of the authority vested in Totaling 300 acres. and whose permits will be terminated by the President and pursuant to Executive Swift Creek Picnic Ground' reason of this elimination. The lands Order No. 10355 of May 26, 1952, it is T. 45 N., R. 12 E. will not be subject to any other form of ordered as follows: Sec. 14, sy2sw i4, S%N%SE%, Ny2Sy2SEi4, appropriation under the public land laws Subject to valid existing rights, the and sy 2SWi/4SEy4. unless a further order is issued by an ap­ following-described public land in Cali­ Totaling 180 acres. propriate officer of the Bureau of Land Tuesday, July 28, 1959 FEDERAL REGISTER 6001 Management opening the lands to such Willamette Meridian 1. Public Land Order No. 712 of April disposition. Steve Fork Recreation Area 16, 1951, which withdrew lands in Ne­ R oger E rnst, vada for use of the Department of the Assistant Secretary of the Interior. T. 40 S., R. 5 W., Air Force in connection with a bombing Sec. 34, Ey2NE%NEi4, SW^NE^NE^, and gunnery range, is hereby revoked so J tjly 22, 1959. SWI/4NEI/4, Wy2SEi4NE%, SE%NWi4, Ey2swy4Nwy4, s w >/4s w %nw j/4, Nya far as it affects the following-described [F.R. Doc. 59-6156; Filed, July 27, 1959; NW1/4SW1/4, and NW%NE^SW%. lands: Mount Diablo Meridian 8:46 a.m.] The area described contains 190 acres. T. 6 S., R. 43 E., Unsurveyed, This order shall take precedence over Secs. 1, 11, 12, 13, 14, 23, 24, arid 25. but not otherwise affect the existing res­ [Public Land Order 1917] ervation of the lands for national fqrest The areas described aggregate 5, 120 purposes. acres. [Fairbanks 012895] R oger E rnst, 2. The lands are located in the south­ ALASKA Assistant Secretary of the Interior. west portion of Nye County, Nevada, about 20 miles southeast of Goldfield, at Withdrawing Public Lands for Use of J uly 22, 1959. an elevation of approximately 4,000 feet Department of the Army Additional [F.R. Doc. 59-6158; Filed, July 27, 1959; above sea level. Topography is gen­ to Those Withdrawn by Public Land 8:46 &xa.] erally flat varying to alluvial slopes oil the northeast. Soils are inferior. Vege­ Order No. 1345 of August 16, 1956 tation consists of the sagebrush type with By virtue of the authority vested in the seme Indian rice grass. President and pursuant to Executive [Public Land Order 1919] 3. This order shall not become effec­ Order No. 10355 of May 26, 1952, it is [Montana 030862] tive to change the status of the lands ordered as follows: described until 10:00 a.m. on August 27, Subject to valid existing rights, the SOUTH DAKOTA 1959. At that time, they shall be open following-described public lands in to filing of such applications, petitions, Alaska are hereby withdrawn from all Partially Revoking Executive Order of locationsr and selections under the ap­ forms of appropriation under the public January 1, 1908, Which Withdrew plicable nonmineral public land laws as land laws, including the mining and are permitted on unsurveyed lands, mineral-leasing laws but not the disposal Certain Lands for Use of Forest subject to valid existing rights, the pro­ of materials under the act of July 31, Service as Administrative Site visions of existing withdrawals, the re­ 1947 (61 Stat. 681; 30 U.S.C. 601-604) By virtue of the authority vested in the quirements of applicable laws, and the as amended, and reserved for use of the President by the act of June 4, 1897 (30 91-day preference right filing period Department of the Army for military Stat. 34,36; 16 U.S.C. 473) and otherwise, under the Small Tract Laws for veterans purposes as an addition to those with­ and pursuant to Executive Order No. and others entitled to preference under drawn by Public Land Order No. 1345 of 10355 of May 26, 1952, it is ordered as the Act of September 27, 1944 (58 Stat. October 16, 1956 as amended by Public follows : 747; 43 U.S.C. 279-284), as amended. Land Order No. 1523: 1. The Executive order of January 1, 4. The lands will be open to applica­ F airbanks Meridian 1908, which withdrew Certain lands tions and offers under the mineral leas­ ing laws, and to location under the T. 2 S R 3 E within the Black Hills National Forest for use of the Forest Service, Department United States mining laws beginning at Sec.*7, Ey2NWi/4SEi4SW%, N E ^S W ^S E ^ 10:00 a.m. on November 26,1959. SWy4, Ei/2NW/4SE14SE/4, and NE^SW ^ of Agriculture, is hereby revoked so far SE%SE%. as it affects the following-described Inquiries concerning the lands shall be lands: addressed to the Manager, Land Office, The areas described contain 15 acres. Black Hills Meridian Bureau of Land Management, Reno, Nevada. ' R oger E rnst, Bald Hilts Administrative Site Assistant Secretary of the interior. R oger E rnst, T. 1 N., R. 5 E., Assistant Secretary of the Interior. July 22, 1959. Sec. 13,SWÎ4NW%; Sec. 14, S E ^N E ^. J tjly 22,1959. [F.R. Doc. 59-6157; Filed, July 27, 1959; 8:46 a.m.] The areas described aggregate 80 acres. [F.R. Doc. 59-6160; Filed, July 27, 1959*- 2. The lands are within the Black 8:46 a.m.] Hills National Forest and shall be open [Public Land Order 1918] subject to valid existing rights and the requirements of applicable law, to such [Oregon 06373] applications, selections, and locations as [Public Land Order 1921] OREGON are permitted on national forest lands [Idaho 04712] effective at 10:00 a.m. on August 27,1959. Withdrawing Lands Within Rogue R oger E rnst, IDAHO River National Forest for Use of Assistant Secretary of the Interior. Revoking Public Land Order No. 1017 Forest Service as Recreation Area J uly 22, 1959. of October 4, 1954, as Amended By virtue of the authority vested in (Craters of the Moon Air Force the President by the Act of June 4, 1897 [F.R. Doc. 59-6159; Filed, July 27, 1959; (30 Stat. 34, 36; 16 U.S.C. 473), and 8:46 a.m.] Range) otherwise, and pursuant to Executive By virtue of the authority vested in the Order No. 10355 of May 26, 1952, it is President, and pursuant to Executive ordered as follows: Order No. 10355 of May 26, 1952, it is Subject to valid existing rights, the [Public Land Order 1920] ordered as follows: following-described public lands within [58916] 1. Public Land Order No. 1017 of Octo­ the Rogue River National Forest, Oregon, ber 4, 1954, as amended on December are hereby withdrawn from all forms of NEVADA 16, 1954 (F.R. Doc. 54-10089), and as appropriation under the public land laws, Partially Revoking Public Land Order further amended by Public Land Order including the mining but not the mineral No. 712 of April 16, 1951 (Nellis Air JSfo. 1199 of August 2, 1955, which with­ leasing laws nor the disposal of materials drew the following-described public under the Act of July 31, 1947 (61 Stat. Force «Range) lands in Idaho for use of the Department 681; 69 Stat. 367; 30 U.S.C. 601-604) as By virtue of the authority vested in of the Air Force in connection with,the amended, and reserved for use of the the President and pursuant to Executive Craters of the Moon Air-to-Air Gunnery Forest Service, Department of Agricul­ Order No. 10355 of May 26, 1952, It is Range, now the Craters of the Moon Air ture, as a recreation area: ordered as follows: Force Range, is hereby revoked: No. 146----- 3 6002 RULES AND REGULATIONS

Boise Meridian T. I S., R. 27 E„ rights under the act of September 27, Secs. 1 to 4, Incl.; 1944 (58 Stat. 747; 43U.S.C. 279-284 as T. 1 S., R. 24 E., Secs. 5 to 8, Incl., Unsurveyed; Secs. 1 to 14, incl.; Secs. 9 to 12, Incl.; amended), presented prior to 10:00 a.m. Sec. 15; on August 27, 1959, will be considered as Secs. 17 to 21, lncl.; Sec. 13, N y2, SWA. NASEA. and s e a s e a ; simultaneously filed at that hour. Rights Sec. 22; Secs. 14 and 15; under such preference right applications Sec. 23, S%; Secs. 17 to 20, Incl., Unsurveyed; filed after that hour will be governed by Secs. 24 to 35, lncl. Ca/ib 01 q yi OO • T. 2 S., R. 24 E., the time of filing. Sec. 1; Sec. *23, NW>A, NASWA. NANEA i and (3) .All valid applications and selec­ s w a n e a ; tions under the nonmineral public land Sec. 3; Sec. 24, NWANWA, NEANEA. SASWA. Sec. 4, E»A, and SE^SW^4; .and SEA: laws, other than those coming under Sec. 5; Secs. 25 to 28, Incl.; paragraph (1) and (2) above, and appli­ Secs. 6 to 15, lncl.; ' Secs. 29 to 33, Incl., Unsurveyed; cations and offers under the mineral Sec. 17, N% and SE%; Secs. 34 and 35. leasing laws, presented prior to 10:00 Sec. 18, Ni/2, SW%, and W%.S»% ; T. 2 S., R. 27 E., a.m. on November 26, 1959, will be con­ Secs. 19 to 35, Incì. Secs. 1, 2, 3,11,12,13,14, 23, 24, 25,26,35; T. 3 S., R. 24 E., sidered as simultaneously filed at that Secs. 4 to 10, Incl., 15 to 22, Incl., 27 to 34, hour. Rights under such applications Secs. 1 to 15, lncl.; Incl., Unsurveyed. Secs. 17 to 35, Incl. T. 3 S., R. 27 E., and selections filed after that hour will T. 4 S., R. 24 E., Secs. 1 to 3, Incl.; be governed by the time of filing. Secs. 1 to 15, Incl.; Secs. 4 to 9, Incl., Unsurveyed; 4. The lands will be open to applica­ Secs. 17 to 35, Incl. . Secs. 10 to 15, Incl.; ' tions and offers under the mineral leas­ T. 5 S., R. 24 E„ Secs. 17 and 18, Unsurveyed; ing laws, and to locations under the Secs. 1 to 15, Incl.; « Secs. 19 to 35, Incl. Secs. 17 to 35, Incl. United States mining laws beginning at T. 4 S., R. 27 E„ 10:00 a.m. on November 26, 1959. T. 6 S., R. 24 E., Secs. 1 to 15, Incl.; Secs. 1 to 15, IncL; Secs. 17 to 35, Incl. 5. No application for the lands may be Secs. 17,18,24 and 25. T. 5 S., R. 27 E., allowed under the homestead, desert T. 1 S., R. 25 E., Secs. 1 to 15, Incl.; land, small tract, or any other non­ Secs. 6 to 8, Incl.; Secs. 17 to 35, Incl. mineral public land law unless the lands Secs. 17 and 18; T. 6 S..R. 27 E., have already been classified as valuable Sec. 19, lots 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, Secs. 1 to 15, Incl.; NE14, and Ey2SE»,4; or suitable for such type of application, Secs. 17 to 35, Incl. or shall be so classified upon the con­ Sec. 20; T. 7 S„ R. 27 E., Sec. -21, S& ; Secs. 1 to 12, Incl. sideration of an application. Any appli­ Sec, 22, Sy> ; cation that is filed will be considered on Sec. 23, SV£; The areas described aggregate approx­ its merits. The lands will not be subject Sec. 24, Sy2; imately 457,184 acres. to occupancy or disposition until they Secs. 25 to 29, Incl.; 2. The lands are located from 25. to have been classified. Sec. 30, lots 2, 3, 4, 5, 9, Ey2N E^; Sec. 31, lots 1 through 6; 50 miles southwest of Arco, Idaho, at an 6. Persons claiming veterans prefer­ Secs. 32 to 35, Incl. elevation of about 5,000 feet. The area ence rights must enclose with their ap­ T. 2 S., R. 25 E., ia typical of the broad, open area of the plications proper evidence of military or Secs. 1 to 4, Incl.; Snake River Plains. Topography is un­ naval service, preferably a complete Sec. 5, lots 1, 2, 3, S^N E% , SEA, and dulating and broken, consisting mainly photostatic copy of the certificate of SE A SWA: of solid lava rock outflows with pockets honorable discharge. Persons claiming T. 2 S., R. 25 E., of silt loam soil varying in size and shape. preference rights based upon valid set­ Sec. 6, lots 2 to 14, Incl., SWANEA. and Wy2SE%; Vegetation consists of sagebrush, rab­ tlement, statutory preference, or eq­ Sec. 7, lots 1 to 12 Incl., SEA, Ny2NEA. bitbrush, bunchgrass, cheatgrass, and uitable claims must enclose properly and SWANEA; some scattered juniper trees. corroborated statements in support of Sec. 8, sy2, NE 14, and Ey2NW%; 3. Subject to any existing valid rights their claims. Detailed rules and regu­ Secs. 9 to 15, IncL; and the requirements of applicable law, lations governing applications which may Secs. 17 to 35, Inch the lands described in paragraph 1 be filed pursuant to this notice can be T. 3 S., R. 25 E., hereof, are hereby opened to filing of found in Title 43 of the Code of Federal Secs. 1 to 15, Incl.; applications, selections, and Ideations in Regulations. Secs. 17 to 35, Incl. accordance with the following, the un­ 7. The State of Idaho has waived the T. 4 S., R. 25 E., Unsurveyed. surveyed lands being opened to such ap­ preference right of application granted T. 5 S., R. 25 E„ plications, selections, and locations as to it by subsection (c) of section 2 of the Secs. 1 to 15, Incl.; are allowable on unsurveyed lands: Secs. 17 to 35, Incl. act of August 27, 1958 (72 Stat. 928; 43 T. 6 S., R. 25 E„ a. Applications and selections under U.S.C. 851, 852). Secs. 1 to 15, Incl.; the nonmineral public land laws and ap­ 8. Inquiries concerning the lands shall Secs. 1-7 to 35, Incl. plications and offers under the mineral be addressed to the Manager, Land Office, T. 7 S., R.25E., leasing laws may be presented to the Bureau of Land Management, Boise, Secs. 1, 2, 3, 4, 10,11, and 12. Manager mentioned below, beginning on Idaho. T. 1 S., R. 26 E., Unsurveyed. the date of this order. Such applications, R oger E rnst, T. 2 S., R. 26 E., Unsurveyed. selections, and offers will be considered Assistant Secretary of the Interior. as filed on the hour and respective dates T. 3 S., R. 26 E., J uly 22, 1959. Secs. 1,12, and 13; shown for the various classes enumer­ Secs. 2 and 3, Unsurveyed; ated in the following paragraphs: [FR. Doc. 59-6161; Piled, July 27, 1959; Secs. 10 and 11, Unsurveyed; (1) Applications by persons having 8:47 a.m.] Secs. 14 and 15, Unsurveyed; prior existing valid settlement rights, Secs. 22 to 27, Incl., Unsurveyed; preference rights conferred by existing Secs. 34 to 36, Incl., Unsurveyed. laws, or equitable claims subject to al­ [Public Land Order 1922] T. 4 S., R.26E., Unsurveyed. lowance and confirmation will be adjudi­ T. 5 S., R. 26 E., cated fin the facts presented in support [Idaho 010002] Secs. 1, 2, and 3; of each claim or right. All applications IDAHO Secs. 10 to 15, Incl.; presented by persons other than those Secs. 22 to 27, Incl.; referred to in this paragraph will be Opening Lands Subject to Section 24 Secs. 34 and 35. subject to the applications and claims of the Federal Power Act (Project T. 6 S., R. 26 E., No. 2055) Secs. 1,2, and 3; mentioned in this paragraph. Secs. 10 to 15, Incl.; (2) All valid applications under the 1. In DA-520—Idaho, issued November Secs. 22 to 27, Incl.; Homestead, Desert Land, and Small 21, 1958, the Federal Power Commission Secs. 34 and 35. Tract Laws by qualified veterans of determined that the value of the fol­ T. 7 S., R. 26 E„ World War II or of the Korean Conflict, lowing-described lands reserved in Proj­ Secs« 1 to 12, Incl* and by others entitled to preference ect No. 2055, will not be injured or Tuesday, July 28, 1959 FEDERAL REGISTER 6003

destroyed for purposes of power develop­ rights under the act of September. 27, its office in Washington, D.C., on the ment by location, entry, or selection 1944 (58 Stat. 747; 43 U.S.C. 279-284 as 16th day of July AD. 1959. under the public land laws, subject to amended), presented prior to 10:00 a.m. Approval of F orm for R eporting of the provisions of section 24 of the Fed­ on August 27, 1959, will be considered as eral Power Act of 1920, as amended, and simultaneously filed at that hour. Rights I nspections subject to the condition that in the event under such preference, right applica­ It appearing, that pursuant to the pro­ the said lands are required for power tions filed after that hour will be gov­ visions of section 4 of the Administra­ purposes, any improvements or struc­ erned by the time of filing. tive Procedure Act, a noticé was issued tures placed thereon which shall be (3) All valid applications and selec­on February 28, 1957 (22 F.R. 1869) of found to interfere with such develop­ tions under the nonmineral public-land an investigation into the reasonableness ment shall be removed or relocated as laws, other than those coming under and lawfulness of Rule 203 of the Rules may be necessary to eliminate interfer­ paragraphs (1) and (2) above, presented and Instruetions for Inspection and ence with power development at no cost prior to 10:00 a.m. on November 26,1959, Testing of Locomotives Other Than to the United States, its permittees or will be considered as simultaneously filed Steam, following which an order was licensees: at that hour. Rights under such appli­ entered on June 2, 1959, amending 49 B oise Meridian cations and selections filed after that CFR Part 91, Subpart C, by substituting T. 6 S., R. 7 E., horn- will be governed by the time of for § 9Ì.203 a new section, which, among Sec. 2, lot 4. filing. other things, provides that a report of the inspections required by said § 91.203 The area described contains 54.46 5. The State of Idaho has waived the acres. preference right of application granted shall be made on an approved form; to it by subsection (c) of section 2 of the It further appearing, that pursuant ' 2. The lands are located about 6Vz Act of August 27, 1958 (72 Stat. 928; 43 thereto, a form meeting the requirements miles west of Hammett, Idaho, on the of said § 91.203 has been prepared and south bank of the Snake River. Topog­ U.S.C.851,852). 6. Until 10:00 a.m. on October 22,1959, is submitted herewith for approval; raphy is generally undulating with a And it.further appearing, that because hummocky surface caused by erosive the lands shall be subject to application wind action. Soils are fine sands under­ by the State of Idaho for the reserva­ of the minor changes proposed in said tion to it or*any of its political subdi­ form and because the pamphlet publish­ lain by clays, and are highly alkaline in visions of any of the lands required as a ing all of the Rules and Instructions for character. The vegetation consists al­ Inspection and Testing of Locomotives most entirely of greasewood, with an right-of-way for public highways, or as understory of salt grass. a source of materials for the construc­ Other Than Steam, as amended, is tion and maintenance of such highways, ready for reprinting, rule-making proce­ 3. No application for the lands may be dure under section 4(a) of the Adminis­ allowed under the homestead, desert- pursuant to section .24 of the Federal land, small tract, or any other non­ Power Act, supra. - trative Procedure Act, 5 U.S.C. 1003(a), mineral public-land law unless the lands 7. The lands have been open to ap­ is unnecessary and impracticable, and have already been classified as valuable plications and offers under the mineral that good cause exists for making this or suitable for such type of application, leasing laws. They have been open to order effective upon less than 30 days or shall be so classified upon the con­ locations under the United States mining notice pursuant to section 4(c) of the laws pursuant to the act of August 11, Administrative Procedure Act, 5 U.S.C. sideration of an application. Any appli­ 1003(c); cation that is filed will be considered 1955 (69 Stat. 683; 30 U.S.C. 621), since May 20, 1957, the date of the Federal It is ordered, That 49 CFR Part 91, on its merits. The lands will not be Subpart C, be, and the same is hereby subject to occupancy or disposition until Power Commission order revising the they have been classified. Project boundaries. amended by substituting for that por­ 8. Persons claiming veterans prefer­ tion of § 91.203 designated as Form 2-A 4. By virtue of the authority vested in therein, the following : the Secretary of the Interior by section ence rights must enclose with their ap­ 24 of the Federal Power Act of June 10, plications proper evidence of military or ICC Form No. 2-A 1920 (41 Stat. 1075; 16 U.S.C. 818), as naval service, preferably a complete Locomotive No.______amended, the lands described in para­ photostatic copy of the certificate of U nit N o .______honorable discharge. Persons clawing Initials ______„____ graph 1 of this order are hereby opened ------Railroad. to location, entry, and selection under preference rights based upon valid set­ the public land laws, subject to Section tlement, statutory preference, or equi­ LOCOMOTIVE INSPECTION REPORT 24 of the Federal Power Act, and the table claims must enclose properly cor­ I nstructions: Each locomotive unit shall condition specified in said paragraph 1, roborated statements in support of their be inspected in accordance with Rule 203 of and subject to existing valid rights and claims. Detailed rules and regulations the Laws, Rules and Instructions for Inspec­ the requirements of applicable law, in governing applications which may be tion and Testing of Locomotives Other Than accordance with the following: filed pursuant to this notice can be Steam. a. Applications and selections under found in Title 43 of the Code of Federal Inspected a t ______ti m e ____ _ m. the nonmineral public-land laws may be Regulations. D a te ______19 __ presented to the Manager mentioned be­ Inquiries concerning the lands shall Repairs needed : low, beginning on the date of this order. be addressed to the Manager, Land Of­ Such applications and selections will be fice, Bureau of Land Management, Boise, considered as filed on the hour and re­ Idaho. spective dates shown for the various R oger E rnst, classes enumerated in the following Assistant Secretary of the Interior. paragraphs: J uly 22, 1959. Main reservoir pressure _____ lbs. Brake pipe pressure_____ lbs. (1) Applications by persons having [F.R. Doc. 59-6162; Piled, July 27, 1959; Condition of brakes and brake rigging prior existing valid settlement rights, 8:47 a.m.] preference rights conferred by existing laws, or equitable claims subject to al­ Signature of employee making inspection lowance and confirmation will be adju­ O ccupation______dicated on the facts presented in support Title 49— TRANSPORTATION of each claim or right. All applications The above work has been performed, ex­ Chapter I— Interstate Commerce cept as noted, and the report is approved. Presented by persons other than those Commission referred to in this paragraph will be (Signature) subject to the applications and claims [Ex Parte 203] mentioned in this paragraph. PART 91— LOCOMOTIVE INSPECTION (Occupation) (2) All valid applications under the (Sec. 5, 36 Stat. 914, as amended; 45 U.S.C.. Homestead, Desert Land, and Small Subpart C— Other Than Steam Loco­ 28. Interpret or apply Sec. 2, 36 Stat. 913, as Tract Laws by qualified veterans of motives and Appurtenances amended; 45 U.S.C. 23) World War II or of the Korean Conflict, At a session of the Interstate Com­ Notice of this order shall be given to an(l by others entitled to preference merce Commission, Division 3, held at the general public by depositing a copy 6004 RULES AND REGULATIONS thereof in the office of the Secretary of draft sills and be sufficiently rigid to pre­ Of knuckle when closed with coupler the Commission at Washington, D.C., vent sagging, horn against the buffer block or end sill, and by filing it with the Director, Office (c) Sill steps. Same as specified for and no other part of end of car or fix­ of the Federal Register. “Box and other house cars” (see § 131.1 tures on same, above end sills, other than By the Commission, Division 3. (d)). exceptions herein noted, shall extend (d) End platform safety railing—(1) beyond the outer face of the buffer block. [seal] ‘ Harold D. McCoy, Number. Two. (j) Operating platform, ladder and Secretary. (2) Dimensions. Minimum of seven- safety railing—(1) Number. One op­ [F.R. Doc. 59-6167; Filed, July 27, 1959; eighths inch diameter, wrought iron or erating platform, two ladders and safety 8:47 a.m.J steel, or one and one-quarter inch pipe. railing. Minimum clearance, two and one-half (2) Dimensions, (i) Ladder: Ladder inches. stiles, three-eighths by two inches or (3) Location. One safety railing at equivalent, wrought iron or steel. One [No. 32258] each end of car shall extend horizontally and one-quarter inch extra strong pipe PART 131— UNITED STATES SAFETY- across car not less than thirty-six inches will be considered equivalent. nor more than fifty-four inches above (ii) Ladder treads, minimum di­ APPLIANCE STANDARDS (RAILROAD) end platform and extend downward ameter, five-eighths of an inch, wrought Tank Cars Without Underframes within three inches of the end of the iron or steel. platform. The safety railing shall be (iii) Minimum clear length of trends, At a session of the Interstate Com­ located not more than six inches from fourteen inches. merce Commission, Division 3, held at the inside edge of the platform. (iv) Maximum spacing of treads, nine­ its office in Washington, D.C., on the (4) Manner of application. Safety teen inches. l'6th day of July A.D. 1959. railings shall be supported at center of . (v) Minimum clearance of treads and It appearing that the Union Tank Car car and at each end by extending down­ ladder stiles, two inches, preferably two Company filed a petition on August 19, ward at the ends and attaching to the and one-half inches. 1957, as amended on April 16, 1959, for platform. (vi) Operating platform, minimum modification of the United States Safety- (e) Side railing—(1) Number. Two. width, seven inches; minimum thickness, Appliance Standards by the addition (2) Dimensions. One and.one-quarter one and three-quarters inches. thereto of a fourth tank car description inch pipe. Minimum clearance two and (vii) Safety railing, one and one-quar-' for a car designated as a tank car with­ one-half inches. ter inch wrought iron or steel pipe. out an underframe; (3) Location. One on each side of car (3) Location, (i) Operating platform It further appearing that notice of extending from end-platform to side lad­ to be of sufficient length to provide ac­ proposed rule making and hearing was der and from side ladder to end platform cess to all operating fittings. Ladder to issued in the above-entitled proceeding at opposite end of car at a distance of be located on sides of car at center. on May 29, 1958 (23 F.R. 3738) pursuant not less than fifty-one inches from center (ii) The safety railing shall enclose to section 4(a) of the Administrative line of car. the operating platform, manway and fit­ Procedure Act <5 U.S.C. 1003); (4) Manner of application. Safety tings used in the loading and unloading It further appearing that hearing on railings shall be securely attached to end of the tank. Railing shall be open only the matter and things has been held and platforms and supported from the car at at the ladders where it shall extend in oral argument has been had; 'intervals not exceeding ten feet. a vertical direction down to, and be se­ And it further appearing that the Di­ (f) Side handholds—(1) Number. curely attached to the platform. Maxi­ vision has, on the date hereof, made and Four. mum width of opening, twenty-four filed its report in this proceeding con­ (2) Dimensions. Same as specified inches. taining its findings of fact and conclu­ for “Box and other house cars” (see (4) Manner of application, (i) The sions thereon, which said report is hereby § 131.1(h) (2)). ladders shall be securely fastened to the referred to and made a part hereof; and (3) Location. Four horizontal; one on operating platform. The lower portion good cause appearing therefor: face of end platform end, over sill step, of ladder shall be braced in such a man­ It is~ ordered, That 49 CFR Part 131, projecting downward or outward. Clear­ ner as to prevent any movement. be, and the same is hereby, amended by ance of outer end of handhold shall be (ii) The operating platforms shall be adding thereto a new § 131.21 Tank cars not more than twelve inches from end of supported to prevent sagging and be se­ without under frames, reading as follows: car. Vertical portion of end platform curely attached to the tank. § 131.21 Tank cars without underframes. safety railing shall be considered as a (iii) The safety railing shall be se­ side vertical handhold. curely attached to four stanchions or (a) Handbrakes—(1) Number. Same (4) Manner of application. Same as corner posts, which shall be securely at­ as specified for “Box and other house prescribed for “Box and other house tached to the tank or operating platform. cars” (see § 131.1(a) (1)). cars” (see § 131.1(h) (4)). (k) Manner of application of safety (2) Dimensions. Same as specified for (g) End handholds—(1) Number. appliances on tank cars covered with “Box and other house cars” (see § 131.1 Four. jackets. On tanks covered with jackets, (a)(2)). (2) Dimensions. Same as specified for metal pads shall be securely attached to (3) Location. Each hand brake shall “Box and other house cars” (see § 131.1 the shell proper, to which brackets shall be so located that it can be safely oper­ (i) (2) >. be fastened for securing the safety appli­ ated while car is in motion. The brake (3) Location. Horizontal, one near ances attached to the tanks; or, the shaft shall be located ^on end of car to each side of each end of car on face of safety appliances (with the exception of the left of center. end sill. Clearance of outer end of hand­ the operating platform brackets) may be (4) Manner of application. Same as hold shall not be more than sixteen secured to the jackets reinforced with specified for “Box and other house cars” inches from side of car. metal pads at the point of attachment, (see § 131.1(a) (4)). (4) Manner of application. Same as which pads shall extend at least two (b) End platforms—(1) Number. specified for “Box and other house cars” inches from the center line of rivet holes. Two. ' (see § 131.1 (i) (4)). The operating platform brackets shall be (2) Dimensions. Minimum width, ten (h) Uncoupling levers. Same as spec­ secured to the jacket reinforced with inches. Minimum thickness, one and ified for “Box and other house cars” (see suitable bands. When the safety appli­ three-quarters inches. § 131.1 (k>). ances are attached to the^jacket cover­ ing of the tank, the jacket shall be (3) Location. One on each end ex­ (i) End ladder clearance. No part tending across car a distance equal to tightened so that there will be no danger of car above end sills within thirty inches of its slipping around. or greater than any other portion of car. from side of car, except buffer block, Outside edge of end platform shall ex­ brake shaft, brake-shaft brackets, brake (Sec. 25, 41 Stat. 498, as amended; 49 U.S.C. tend not less than seven inches beyond wheel, running boards or uncoupling 26. Secs. 2, 3, 36 Stat. 298; 45 U.S.C. 11, 1?. bulge of tank head and safety railing. Interpret or apply secs. 4, 6, 27 Stat. 531, 532; lever shall extend to within twelve inches 45 U.S.C. 4, 6. Sec. 1, 32 Stat. 943; 45 U.S.C. (4) Manner of application. End plat­ of a vertical plane parallel with end of 8. Sec. 4, 36 Stat. 299, as amended; 45 forms shall be securely fastened to the car and passing through the inside face U.S.C. 13) Tuesday, July 28, 1959 FEDERAL REGISTER 6005 Notice of this order shall be given to 1959, applicable to the total kernel weight [ 7 CFR Part 964 1 the general public fcy depositing a copy of almonds received by handlers for their thereof in the Office of the Secretary of own accounts, shall be 68 percent and 32 DRIED FIGS PRODUCED IN the Commission at Washington, D.C., percent, respectively. CALIFORNIA and by filing it with the Director, Office of the Federal Register. Dated: July 22, 1959. Approval of Expenses of Dried Fig By the Commission, Division 3, S. R. Smith, Administrative Committee for Director, Fruit and Vegetable 1959—60 Crop Year and Rate of [seal! H arold D. M cCoy, Division, Agricultural Mar­ Assessment Secretary. keting Service. % [F.1«*. Doc. 59-6166; Filed, July 27, 1959; Notice is hereby given that there are 8:47 a.m.] [F.R. Doc. 59-6196; Filed, July 27, 1959; under consideration proposed expenses 8:52 a.m. and a rate of assessment for the 1959-60 crop year, a s . hereinafter set forth, unanimously recommended by the Dried PROPOSED Fig Administrative Committee, estab­ [ 7 CFR Part 958 1 lished under Marketing Agreement No. RULE MAKING 123, as amended, and Order No. 64, as IRISH POTATOES GROWN IN amended (7 CFR Part 964), regulating DEPARTMENT OF AGRICULTURE COLORADO; AREA NO. 3 the handling of dried figs produced in Expenses and Rate of Assessment California, effective under the Agricul­ Agricultural Marketing Service tural Marketing Agreement Act of 1937, Notice is hereby given that the Secre­ as amended (7 U.S.C. 601-674). [ 7 CFR Part 909 ] tary of Agriculture is considering the Consideration will be given to any data, ALMONDS GROWN IN CALIFORNIA approval of the expenses and rate of views, or arguments pertaining to the assessment hereinafter set forth, which proposals which are filed in triplicate Salable and Surplus Percentages for were recommended by the area commit­ with the Director, Fruit and Vegetable 1959-60 Crop Year tee for Area* No. 3 established pursuant to Marketing Agreement No. 97 and Division, Agricultural Marketing Service, Notice is hereby given that there is Order No. 58 (7 CFR Part 958) regu­ United States Department of Agricul­ under consideration a proposed rule to lating the handling of Irish potatoes ture, Washington 25, D.C., and received establish a salable percentage of 68 per­ grown in the State of Colorado, issued not later than the close of business on cent and a surplus percentage of 32 per­ under the Agricultural Marketing Agree­ the seventh day after publication of this cent for California almonds during, the 1959-60 crop year which began on July ment Act of 1937, as amended (7 U.S.C. notice in the F ederal R egister. 601-674). The proposals are as follows: 1, 1959. The proposed rule, which is Consideration will be given to any based upon the recommendation of the data, views, or arguments pertaining § 964.304 Expenses of the Dried Fig Almond Control Board and other avail­ thereto, which are filed with the Direc­ Administrative Committee and rate able information, would be -established tor, Fruit and Vegetable Division, Agri­ of assessment for the 1959—60 crop in accordance with the applicable provi­ cultural Marketing Service, United States year. sions of Marketing Agreement No. 119 (a) Expenses. E xp en ses in the and Order No. 9, as amended (7 CFR Department of Agriculture, Washington Part 909), regulating the handling of 25, D.C., not later than 15 days following amount of $26,700 are reasonable and almonds grown in California. Said publication of this notice in the F ederal likely to be incurred by the Dried Fig amended marketing agreement and order R egister. The proposals are as follows: Administrative Committee during the are effective under the provisions of the § 958.230 Expenses and rate of assess­ crop year beginning August 1, 1959, and Agricultural Marketing Agreement Act ment. ending July 31,1960, for its maintenance of 1937, as amended (Secs. 1-19, 48 Stat. (a) The reasonable expenses that are and functioning. 31, as amended; 7 U.S.C. 601-674). likely to be incurred by the area com­ (b) Rate of assessment. Each han* Consideration will be given to data, mittee for Area No. 3, established pur­ dler shall pay to the Dried Fig Adminis­ views or arguments pertaining thereto suant to Marketing Agreement No. 97 trative Committee, in accordance with which are filed with the Director, Fruit and this part, to enable such committee the provisions of Marketing Agreement and Vegetable Division, Agricultural to perform its functions pursuant to the No. 123, as amended, and this part, as Marketing Service, United States De­ provisions of aforesaid marketing agree­ such handler’s pro rata share of the partment of Agriculture, Washington 25, ment and part, during the fiscal period D.C., not later than the tenth day after aforesaid expenses, an assessment of ending May 31, 1960, will amount to publication of this notice in the F ederal $1.50 for each ton of salable tonnage R egister. $3,125.00. dried figs handled by him as the first The proposed percentages are based on (b) The rate of assessment for Area handler thereof during the crop year the following estimates (in terms of ker­ No. 3 to be paid by each handler, pur­ beginning August 1, 1959, and ending nel weight) for the crop year beginning suant to Marketing Agreement No. 97 July 31, 1960; and such rate of assess­ July 1, 1959: (1) Production of 72 mil­ and this part, shall be $0.00125 per hun­ ment is hereby fixed for such crop year. lion pounds; (2) trade demand for dredweight of potatoes handled by him (c) Salable tonnage dried figs. The domestic almonds of 45 million pounds as the first handler thereof during said term “salable tonnage dried figs”, as used (based on a total trade demand of 48 fiscal period. in paragraph (b) of this section means million pounds less 3 million pounds of (c) Terms used in this section shall imported almonds) ; (3) a handler carry­ and includes all natural condition dried over of 6 million pounds on July 1, 1959; have the same meaning as when used figs acquired by a handler during the (4) provision for a handler carryover of in Marketing Agreement No. 97 and this crop year beginning August 1,1959, pur­ 10 million pounds on June 30, 1960; (5) part. suant to the applicable provisions of the total trade demand and carryover re­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. aforesaid marketing agreement, as quirements for 1959 crop of 49 million 601-674) amended, and part. pounds; and (6) a surplus supply of 23 million pounds. Dated: July 23,1959. Dated: July 23, 1959. The proposed rule is as follows: S. R. Smith, S. R. Smith, § 909.209 Salable and surplus percent­ Director, Fruit and Vegetable Director, Fruit and Vegetable ages for almonds during the crop Division, Agricultural Mar­ Division, Agricultural Mar­ year beginning July 1, 1959. keting Service. keting Service. The salable and surplus percentages [F.R. Doc. 59-6195; Filed, July 27, 1959; (F.R. Doc. 59-6181; Filed, July 27, 1959; during the crop year beginning July 1, 8:52 a.m.] 8:49 a.m.] 6006 PROPOSED RULE MAKING

[ 7 CFR Part 973 ] through June on the basis of having General findings, (a) The tentative V_ shipped 50 percent of their Grade A re­ marketing agreement and the order as [Docket No. AO-178-A-10] ceipts to distributing plants that are hereby proposed to be amended, and all MILK IN MINNEAPOLIS-ST. PAUL pool plants during the preceding months of the terms and conditions thereof, will MARKETING AREA of July through October. Because of tend to effectuate the declared policy of the suspension order effective during the Act. Decision on Proposed Amendments to July 1959 (whereby a supply plant has (b) The parity prices of milk, as de­ Tentative Marketing Agreement not been required to ship above any termined pursuant to section 2 of the and to Order specified percentage of its receipts to the Act, are not reasonable in view of the market to be a pool plant for the month) prices of feeds, available supplies of Pursuant tó the provisions of the Agri­ some supply plants regularly associated feeds, and other economic conditions cultural Marketing Agreement Act of with the market as pool plants will not which affect market supply and demand 1937, as amneded (7 U.S.C. 601 et seq.), have shipped 50 percent of their Grade for milk in the marketing area, and the and the applicable rules of practice and A receipts during July to distributing minimum prices specified in the pro­ procedure, governing the formulation of plants that are pool plants. Because of posed marketing agreement and the marketing agreements and marketing this, it would be inappropriate to include order, as hereby proposed to be amended, orders (7 CFR Part 900), a public hear­ July as one of the months during this are such prices as will reflect the afore­ ing was held at Minneapolis, Minnesota, year that a plant must ship 50 percent said factors, insure a sufficient quantity on July 15, 1959, pursuant to notice of its receipts to distributing plants that of pure and wholesome milk, and be in thereof issued on. July 8, 1959 (24 F.R. are pool plants in order to obtain auto­ the public interest; and 5614). matic pool plant status for the months (c) The tentative marketing agree­ The material issues on the record of of November 1959 through June 1960. ment and the order, as hereby proposed the hearing related to: The intent of the order provision to be amended, will regulate the han­ 1. Modifying the requirements that a whereby, a supply plant may obtain pool dling of milk in the same manner as, country plant must meet to qualify as a plant status in other months on the and will be applicable only to persons pool plant during certain months. basis of shipments to the market during in the respective classes of industrial 2. The need for immediate action by the months of seasonally low production and commercial activity specified in, a the Secretary on issue No. 1. would best be accomplished for the cur­ marketing agreement upon which a Findings and conclusions. The fol­ rent marketing year by providing that hearing has been held. lowing findings and conclusions on the August through October replace July Marketing agreement and order. An­ material issues are based on evidence through October as the months in 1959 nexed hereto and made a part hereof presented at the hearing and the record during which a plant must ship at least are two documents entitled-, respectively, thereof: 50 percent of its receipts to distributing “Marketing agreement regulating the 1. A plant from which 50 percent of plants that are pool plants to obtain handling of milk in the Minneapolis-St. its receipts of Grade A milk is shipped automatic pool plant status for the fol­ Paul Marketing Area" and “Order to distributing plants that are pool lowing November through June. amending the order, regulating the han­ plants during each of the months of Au­ 2. The due and timely execution of the dling of milk in the Minneapolis-St. Paul gust, September, and October 1959 function of the Secretary under the Act Marketing Area”, which have been de­ should be designated a pool plant for the imperatively and unavoidably requires cided upon as the detailed and appro­ months of November 1959 through June the omission of a recommended decision priate means of effectuating the fore­ 1960. The order now provides that a by the Deputy Administrator, Agricul­ going conclusions. plant may obtain automatic pool plant tural Marketing Service, and the oppor­ It is hereby ordered, That all of this status for the following November tunity for exceptions thereto, on the decision, except the attached marketing through June period by shipping 50 per­ above issue. agreement, be published in the F ederal cent of its Grade A receipts to distribut­ The conditions complained of are such R egister. The regulatory provisions of ing plants that are pool plants during that it is urgent that remedial action be said marketing agreement are identical each of the months of July through taken as soon as possible. It is there­ with those contained in the order, as October. fore found that good cause exists for hereby proposed to be amended by the During any month for which it has omission of the recommended decision in attached order which will be published not otherwise attained pool plant status order to inform interested parties of the with this decision. a plant may qualify as a pool plant by conclusions reached. Uncertainty on the Determination of representative shipping 50 percent of its Grade A re­ part of interested parties might lead to period. The month of May 1959 is here­ ceipts during the month to a .dis­ instability in the market. Knowledge by determined to be the representative tributing plant that is a pool plant. of the action decided upon by the Secre­ period for the purpose of ascertaining A suspension order issued by the Acting tary will permit those affected to adjust whether the issuance of the attached Secretary on June 29, 1959 (24 F.R. their operations promptly in accordance order amending the order, regulating the 5414) made this provision inoperative with such decision. handling of mills in the Minneapolis-St. for the month of July 1959. The sus­ Delay beyond August 1, 1959, will de­ Paul marketing area, is- approved or pension action had been requested by feat the purpose of the amendment. Ac­ favored by producers, as defined under associations representing more than cordingly, the time necessarily -involved the terms of the order, as hereby pro­ two-thirds of the producers supplying in the preparation, filing, and publica­ posed to be amended, and who, dining the market when it become apparent tion of a recommended decision, and ex­ such representative period, were engaged that some supply plants regularly asso­ ceptions thereof, would make such relief in the production of milk for sale within ciated with the market as pool plants substantially ineffective and therefore the aforesaid marketing area. would be unable to qualify as pool plants should Ibe eliminated in this instance. The notice of hearing stated that con­ Issued at Washington, D.C., this 22d during July 1959 on the basis of the re­ day of July 1959. quirement of shipping 50 percent of sideration would be given to the question their receipts to pool plants. This situa­ of whether economic and marketing con­ Clarence L. M iller, tion was brought about because, under ditions require emergency, action with Assistant Secretary. prevailing marketing conditions it would respect to any or all amendments deemed Order1 Amending the Order Regulating have been impracticable, uneconomic, necessary as a result of the hearing. the Handling of Milk in the Minne­ and contrary to the, best interests of the Action under the procedure described apolis-St. Paul Marketing Area market for all supply plants regularly associated with the market as pool above was requested by proponents at § 973.0 Findings and determinations. plants to ship 50 percent of their Grade the hearing. Proposed findings and conclusions. The findings and determinations here­ A receipts to the market during July inafter set forth are supplementary and 1959. No briefs or proposed findings and con­ A number of supply plants in the clusions were filed oif behalf of inter­ 1 This order shall not become effective un­ market obtain automatic pool plant ested parties in the market within the less and until the requirements of § 900.14 status for the months of November time allowed therefor. of the rules of practice and procedure gov- Tuesday, July 28, 1959 FEDERAL REGISTER 6007 in addition to the findings and determi­ (9) A regular dealer in raw or unman­ nations previously made in connection DEPARTMENT OF LABOR ufactured cotton linters may be a person with the issuance of the aforesaid order who owns, operates, or maintains a store, [and of the previously issued amend­ Division of Public Contracts warehouse, or other place of business in ments thereto;] and all of said previous [ 41 CFR Part 201 1 which materials, supplies, articles, or findings and determinations are hereby equipment of the general character de­ ratified and affirmed, except insofar as GENERAL REGULATIONS scribed in the specifications and required such findings and determinations may under the contract are bought for the be in conflict with the findings and de­ Regular Dealer in Cotton Linters Under account of such person and sold to the terminations set forth herein. , Walsh-Healey Public Contracts Act public in the usual course of business, (a) Findings upon the babis of the James V. Bennett, Commissioner, Fed­ and whose principal business is such pur­ hearing record. Pursuant to the provi­ eral Prison Industries, Inc., a corpora­ chase and sale of such materials, sup­ sions of the Agricultural Marketing tion all of the stock of ■ which is bene­ plies, articles, or equipment. Agreement Act of 1937, as amended (7 ficially owned by the United States has Prior to any final action on this pro­ U.S.C. 601 et seq.), and the applicable formally requested an exemption under posal, consideration will be given to any rules of practice and procedure govern­ the authority of section 6 from the pro­ data, views, or arguments pertaining ing the formulation of marketing agree­ visions of section 1 of the Walsh-Healey thereto which are submitted in writing ments and marketing orders (7 CFR Part Public Contracts Act requiring that con­ to the Secretary of Labor, United States 900), a public hearing.was held upon tractors for the sale of cotton linters to Department of Labor, Washington 25, certain proposed amendments to the Federal Prison Industries, Inc., be manu­ D.C., within»fifteen days from publication tentative marketing agreement and to facturers of or regular dealers in such of this notice in the F ederal R egister. the order regulating the handling of product. The request of the Commis­ milk in the Minneapolis-St. Paul mar-, sioner is in accord with the provisions of Signed at Washington, D.C., this 21st keting area. Upon the basis of the evi­ general regulations under the Walsh- day of July 1959. dence introduced at such hearing and the Healey Public Contracts Act, Part 201, J ames P. M itchell, record thereof, it is found that: § 201.101 (Title 41, Chapter II, Code of Secretary of Labor. • (1) The said order as hereby amended, Federal Regulations), specifically pro­ [F.R. Doc. 59-6168; Filed, July 27, 1959; and all of the terms and conditions viding for requests for exemptions from 8:48 a.m.] thereof, will tend to effectuate the de-, the manufacturer or regular dealer dared policy of the Act ; requirement. (2) The parity prices of milk as deter­ The Commissioner has submitted his mined pursuant to section 2 of the Act, findings that the normal method of deal­ FEDERAL AVIATION AGENCY are not reasonable in view of the price ers in cotton linters in doing business ex­ of feeds, available supplies of feeds, and cludes them from status as regular deal­ E 14 CFR Part 600, 601 1 other economic conditions which affect ers in cotton linters within the meaning [Airspace Docket No. 59-WA-19] market supply and demand for milk in of the Act and the aforesaid regulations, the said marketing area, and the mini­ and that as a result Federal Prison In­ FEDERAL AIRWAYS AND CONTROL mum prices specified in the order as dustries, Inc., which is the sole govern­ AREAS hereby amended, are such prices as will ment purchaser of cotton linters, finds it Revocation of Federal Airway, Asso­ reflect the aforesaid factors, insure a virtually impossible to purchase such sufficient quantity of pure and whole­ goods, thus seriously impeding the con­ ciated Control Areas and Com­ some milk, femd be in the public inter­ duct of government business. pulsory Reporting Points est; and After considering the general method (3) The said order as hereby amended, Pursuant to the authority delegated of operation of dealers in cotton linters, to me by the Administrator (§ 409.13, 24 regulates the handling of milk in the I find and conclude that their practices same manner as, and is applicable only F.R. 3499), notice is hereby given that are similar to those followed by regular the Federal Aviation Agency is consider­ to persons in the respective classes of dealers in raw cotton and that they do industrial or commercial activity speci­ ing an amendment to Parts 600 and 601 not stock or store cotton linters as re­ of the regulations of the Administrator^ fied, in a marketing agreement upon quired by the regular dealer regulation which a hearing has been held. as hereinafter set forth. because of the large bulk of linters in Red Federal airway No. 96 presently Order relative to handling. It is relation to their value. Instead, these extends from Lake Charles, Louisiana, therefore ordered, that on and after the dealers provide for direct delivery to to Baton Rouge, Louisiana. An IFR effective date hereof, the handling of their customers from the producers of Peak-Day Airway Traffic Survey for each milk in the Minneapolis-St. Paul mar­ such cotton linters-. For this reason they half of the calendar year 1958 shows zero keting area shall be in conformity to do not come within the definition. of aircraft movements on this airway. On and in compliance with the terms and regular dealer as presently defined in the basis of the survey, it appears that conditions of the aforesaid order, as § 201.101(b). I find it necessary, there­ the retention of this airway and its asso­ hereby amended, and the aforesaid order fore, in order to carry out the objectives ciated control areas is unjustified as an is hereby amended as follows: of the Act as well as to provide accom­ assignment of airspace and that the re­ Delete the second proviso in § 973.9 modation to the special situation with vocation thereof would be in the public respect to dealers in cotton linters, to interest. (b) (1) and substitute therefor the fol­ provide a definition of regular dealer in lowing: “And provided further, That if Interested persons may submit such cotton linters as will accord to the facts written data, views or arguments as diming each of the months of August and business practices rather than to through October 1959, 50 percent or they may desire. Communications grant an exemption from all of the terms should be submitted in triplicate to the more of such plant’s total receipt^ of and requirements of the Act. skim milk or butterfat for such month Regional Administrator, Federal Avia­ Accordingly, pursuant to section 4 and tion Agency, P.O. Box 1689, Fort Worth as described above is delivered as pro­ section 6 of the Walsh-Healey Public 1, Texas. All communications received vided in this paragraph, it shall be a Contracts Act (49 Stat. 2038 and 2040, within thirty days after publication of as amended; 41 U.S.C. 38, 40) and in pool plant through June I960;” this notice in the F ederal R egister will [F.R. Doc. 59-6182; Filed, July 27, 1959; accordance with section 4 of the Adm in - be considered before action is taken on 8:50 a.m.] istrative Procedure Act (5 U.S.C. 1003), the proposed amendment. No public I propose to amend § 201.101 (b) of Part hearing is contemplated at this time, but erning proceedings to formulate marketing 201 of Title 41 of the Code of Federal arrangements for informal conferences agreements and marketing orders have been Regulations by adding a new paragraph with Federal Aviation Agency officials met. (b) (9) to § 201.101, to read as follows: may be made by contacting the Regional 6008 PROPOSED RULE MAKING Administrator, or the Chief, Airspace way No. 72 are so designated so that they 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a Utilization Division, Federal Aviation will automatically conform to the (d)(1)), the following notice is issued: Agency, Washington 25, D.C. Any data, modified airway. Accordingly, no A petition has been filed by E. I. views or arguments presented during amendment relating to such control du Pont de Nemours & Co., Wilmington such conferences must also be submitted areas is necessary. 98, Delaware, proposing the establish­ in writing in accordance with this notice Interested persons may submit such ment of tolerances for residues of in order to become part of the record for written data, views or arguments as they diuron (3-(3,4-dichlorophenyl) -1,1-di- consideration. The proposal contained may desire. Communications should be methylurea) in or on raw agricultural in this notice may be changed in the submitted in triplicate to the Regional commodities, as follows: light of comments received. Administrator, Federal Aviation Agency, 2 parts per million in or on wheat hay, The official Docket will be available for 4825 Troost Avenue, Kansas City 10, Mo. forage, or straw. examination by interested persons at the All communications received within 1 part per million in or on wheat grain. Docket Section, Federal Aviation Agency, thirty days after publication of this The analytical method proposed in the Room B-316, 1711 New York Avenue notice in the F ederal R egister will be petition for determining residues of NW., Washington 25, D.C. An informal considered before action is taken on the proposed amendment. No public hear­ diuron is the method published in the Docket will also be available for exami­ F ederal R egister of July 8, 1955 (20 nation at the office of the Regional ing is contemplated at this time, but F.R. 4871), except that the chromato­ Administrator. arrangements for informal conferences graphic purification technique of Bleid- This amendment is proposed under with Federal Aviation Agency officials ner. (Journal of Agricultural and Food sections 307(a) and 313(a) of the Federal may be made by contacting the Regional Chemistry, Volume II, pp. 682-684 Aviation Act of 1958 (72 Stalt. 749, 752; Administrator, or the Chief, Airspace (i‘954)) is employed. 49 U.S.C. 1348, 1354). Utilization Division, Federal Aviation in consideration of the foregoing', it Agency, Washington 25, D.C. Any data, . Dated: July 21, 1959. is proposed to revoke Red Federal airway views or arguments presented during [seal] R obert S. R oe, No. 96, its associated control areas and such conferences must also be submitted Director, Bureau of compulsory reporting points, by amend­ in writing in accordance with this notice Biological and Physical Sciences. ing Parts 600 and 601 (14 CFR 1958 in order to become part of the record for consideration. The proposal contained [F.R. Doc. 59-6185; Filed, July 27, 1959; SUPP., 600, 601) as follows: 8:50 a.m.] 1. Section 600.296 Red Federal airway in this notice may be changed in the No. 96 (.Lake Charles, La., to Baton light of comments received. Rouge, La.) is revoked. The official Docket will be available for 2. Section 601.296 Red Federal airway examination by interested persons at the SECURITIES AND EXCHANGE No. 96 control areas (Lake Charles, La., Docket Section, Federal Aviation Agency, to Baton Rouge, La.) is revoked. Room B-316, 1711 New York Avenue COMMISSION 3. Section 601.4296 Red Federal airway NW., Washington 25, D.C. An informal No. 96 (Lake Charles, La., to Baton Docket will also be available for exami­ [1 7 CFR Part 270 1 Rouge, La.) is revoked. _ nation at the office of the Regional Ad­ ministrator. DEFINITION OF BENEFICIAL Issued in Washington, D.C., on July 22, This amendment is proposed under OWNERSHIP 1959. sections 307(a) and 313(a) of the Fed­ Notice of Proposed Rule Making D. D. T homas, eral Aviation Act of 1958 (72 Stat. 749, Director, 752; 49 U.S.C. 1348,1354). Notice is hereby given that the Securi­ Bureau of Air Traffic Management. In consideration of the foregoing, it ties and Exchange Commission has un­ [F.R. Doc. 59-6151; Filed, July 27, 1959; is proposed to amend § 600.6072 (24 F.R. der consideration the adoption of a rule 8:45 a.m.] 3226) as follows: under the Investment Company Act of Section 600.6072 VOR Federal airway 1940 which would except small business No. 72 (Fayetteville, Ark., to Albany, investment companies from the registra­ N.Y.). Delete “From the Fayetteville, tion and other requirements of the Act [ 14 CFR Part 600 1 Ark., VOR; via the Maples, Mo., VOR;” if certain conditions are met. and substitute therefor, “From the Section 3(c)(1) of the Act excepts [Airspace Docket No. 59-KC-14] Fayetteville, Ark., VOR; via the Dog­ from its operation any issuer which is wood, Mo., VOR; Maples, Mo., VOR;”. not making and does not propose to make FEDERAL AIRWAYS AND CONTROL a public offering of its securities and AREAS Issued in Washington, D.C., on July 22, whose outstanding securities are bene­ 1959. . . Modification of Federal Airway ficially owned by not more than one D. D. T homas, hundred persons and further provides Pursuant to the authority delegated Director, that beneficial ownership by a company to me by the Administrator (§ 409.13, 24 Bureau of Air Traffic Management. shall be deemed beneficial ownership by F.R. 3499), notice is hereby given that [F.R. Doc. 59-6150; Filed, July 27, 1959; one person, with the exception that if the Federal Aviation Agency is consider­ 8:45 a.m.] such company owns 10 per centum or ing an amendment to § 600.6072 of the more of the outstanding voting securi­ regulations of the Administrator, as ties of the issuer, the beneficial owner­ hereinafter set forth. > ship of the issuer shall be deemed to be VOR Federal airway No. 72 presently DEPARTMENT OF HEALTH, EDU­ that of the holders of such company’s extends from Fayetteville, Ark., to outstanding securities. Albany, N.Y. The distance between the CATION, AND WELFARE The proposed rule would provide that Fayetteville, Ark., VOR and the Maples, for the purpose of section 3(c)(1) of Mo., VOR segment of this Airway is ap­ Food and Drug Administration the Act, beneficial ownership by a com­ proximately 155 miles, which is consider­ [ 21 CFR Part 120 1 * pany owning 10 per centum or more ably in excess of the normally desired 90 of the outstanding voting securities of a mile maximum spacing between VOR’s. TOLERANCES AND EXEMPTIONS small business investment company li­ The modification of the airway over an FROM TOLERANCES FOR PESTICIDE censed or proposed to be licensed under intermediate VOR to be installed at lati­ CHEMICALS IN OR ON RAW AGRI­ the Small Business Investment Act of tude 37°01'23", longitude 92°51'37" CULTURAL COMMODITIES 1958 shall be deemed to be beneficial would increase the signal strength and ownership by one person notwithstand­ useability of the airway at low altitudes. Notice of Filing of Petition for Estab­ ing that such company owning such The airway segment would, if this action lishment of Tolerances for Residues securities has more than one stock­ were taken, be designated from Fayette­ holder, if the value of all securities of ville, Ark., via a new VOR at Dogwood, of Diuron small business investment -companies Mo., to Maples, Mo., VOR. The control Pursuant to the provisions of the Fed­ owned by such company does not exceed areas associated with VOR Federal air­ eral Food, Drug, and Cosmetic Act (sec. 5 percent of the value of its total assets. Tuesday y July 28, 1959 FEDERAL REGISTER 6009

The proposed rule will, in the Com­ shall be deemed to be beneficial owner­ P art I —Approvals of E quipm ent, mission’s view, tend to effectuate the ship by one person if and so long as the I nstallations or M aterials purposes and objectives of the Small value of all securities of small business Business Investment Act without ad­ investment companies owned by such l if e preservers, cork, adult and child versely affecting the public investor in­ company does not exceed 5 percent of (JACKET TYPE), MODELS 32 AND 36 terest or achievement of the statutory the value of its total assets. Approval No. 160.003/1/0, Model 32, purposes of the Investment Company adult cork life preserver, U.S.C.G. Speci­ Act of 1940. The Commission, there­ All interested persons are invited to fication Subpart 160.003, manufactured fore, pursuant to the provisions of sec­ submit views and comments on the pro­ by Atlantic-Pacific Manufacturing Corp., tions 6(c) and 38(a) of the Investment posed rule. Written statements of views 124 Atlantic Avenue, Brooklyn 1, N.Y. Company Act of 1940; is considering and comments and any requests for oral (Extension of the approval published in adoption of the rule set forth below. argument in respect of the proposed rule F ederal R egister May 12, 1954, effective The text of the Commission’s proposed should be submitted to the Securities May 12,1959.) rule is as follows: and Exchange Commission, Washington Approval No. 160.003/2/0, Model 36, § 270.3c—2 Definition of beneficial own­ 25, D.C., on or before August 21, 1959. child cork life preserver, U.S.C.G. Speci­ ership. Unless the person submitting any state­ fication Subpart 160.003, manufactured ment requests that his views not be by Atlantic-Pacific Manufacturing Corp., For the purpose of section 3(c) (1) of made part of the Commission’s public 124 Atlantic Avenue, Brooklyn 1, N.Y. the Act, beneficial ownership by a com­ (Extension of the approval published in pany owning 10 per centum or more of files, they will be made available for public inspection. F ederal R egister May 12, 1954, effective the outstanding voting securities of any May 12, 1959.) issuer which is a small business invest­ By the Commission. Approval No. 160.003/3/0, Model 32, ment company licensed to operate under [SEAL] ORVAL L. D uBOIS, adult cork life preserver, U.S.C.G. Speci­ the Small Business Investment Act of fication Subpart 160.003, manufactured 1958, or which has received from the Secretary. J uly 21, 1959. by The American Pad & Textile Co., Small Business Administration notice to Greenfield, Ohio, 511 North Solomon proceed to qualify for a license, which [F.R. Doc. 59-6169; Filed, July 27, 1959; Street, New Orleans 19, La., and Fair- notice or license has not been revoked, 8:48 a.m.] field, Calif. (Extension of the approval published in F ederal R egister May 12, 1954, effective May 12, 1959.) Approval No. 160.003/4/0, Model 36, child cork life preserver, U.S.C.G. Speci­ NOTICES fication Subpart 160.003, manufactured by The American Pad & Textile Co., Greenfield, Ohio, 511 North Solomon 390b), and section 3(c) of the act of Street, New Orleans 19, La., and Fair- DEPARTMENT OF THE TREASURY August 9, 1954 (50 U.S.C. 198), and im- field, Calif. (Extension of the approval Coast Guard plementing regulations in 46 CFR published in F ederal R egister May 12, Chapter I: It is ordered, That: 1954, effective May 12,1959.) [CGFR 59-30] a. All the approvals listed in Part I Approval No. 160.003/5/0, Model 32, APPROVAL AND TERMINATION OF of this document which extend approvals adult cork life preserver, U.S.C.G. Speci­ APPROVAL OF EQUIPMENT, IN­ previously published in the F ederal fication Subpart 160.003, manufactured R egister are prescribed and shall be in by Elvin Salow Co., 273-285 Congress STALLATIONS, OR MATERIALS; effect for a period of 5 years from their Street, Boston 10, Mass. (Extension of CHANGE IN NAME OF MANUFAC­ respective dates as indicated at «the end the approval published in F ederal R eg­ TURER of each approval, unless sooner canceled ister June 25, 1954, effective June 25, 1. Various items of lifesaving, fire­ or suspended by proper authority; and 1959.) fighting, and miscellaneous equipment, b. All the other approvals listed in Approval No. 160.003/6/0, Model 36, installations and materials used on mer­ Part I of this document (which are not child cork life preserver, U.S.C.G. Speci­ chant vessels subject to Coast Guard in­ covered by paragraph a above) are pre­ fication Subpart 160.003, manufactured spection or on certain motorboats and scribed and shall be in effect for a period by Elvin Salow Co., 273-285 Congress other pleasure craft are required by law of 5 years from the date of publication Street; Boston 10, Mass. (Extension of and various regulations in 46 CFR Chap­ of . this document in the F ederal R egis­ the approval published in the F ederal ter I to be of types approved by ter, unless sooner canceled or suspended R egister June 25,1954, effective June 25, the Commandant, United States Coast by proper authority; and 1959.) Guard. The procedures governing the c. All the approvals listed in Part II LIFE PRESERVERS, BALSA WOOD, ADULT AND granting of approvals and termination of of this document are terminated because CHILD (JACKET TYPE), MODELS 42 AND 46 approvals are set forth in 46 CFR 2.75-1 (1) the manufacturer is no longer in to 2.75-50, inclusive. For certain types business; or (2) the manufacturer does Approval No. 160.004/1/0, Model 42, of equipment, installations, and ma­ not desire to retain the approval; or (3) adult balsa wood life preserver, U.S.C.G. terials specifications have been also the item is no longer being manufac­ Specification Subpart 160.004, manu­ prescribed by the Commandant and are tured; or (4) the item of equipment no factured by Atlantic-Pacific Manufac­ published in 46 CFR Parts 160 to longer complies with present Coast turing Corp., 124 Atlantic Avenue, 164, inclusive (Subchapter Q—Specifi­ Guard requirements; or (5) the ap­ Brooklyn 1, N.Y. (Extension of the ap­ cations) . proval has expired. Except for those proval published in F ederal R egister . 2. By virtue of the authority vested approvals which have expired, all other May 12, 1954, effective May 12, 1959.) in me as Commandant, United States terminations of approvals made by this Approval No. 160.004/2/0, Model 46, Coast Guard, by Treasury Department document shall be made effective upon child balsa wood life preserver, U.S.C.G. Order Nos. 120, dated July 31, 1950 (15 the thirty-first day after the date of Specification Subpart 160.004, manufac­ F.R. 6521), 167-14, dated November 26, publication of this document in the F ed­ tured by Atlantic-Pacific Manufacturing 1954 (19 F.R. 8026), 167-20, dated June eral R egister. Notwithstanding this Corp., 124 Atlantic Avenue, Brooklyn 1, 18,1956 (21 F.R. 4894), and CGFR 56-28, termination of approval of any item of N.Y. (Extension of the approval pub­ equipment as listed in Part II of this lished in F ederal R egister May 12, 1954, dated July 24, 1956 (21 F.R. 3059), and effective May 12, 1959.) R.S. 4405, as amended, 4462, as amended, document, such equipment in service may 4491, as amended, sections 1, 2, 49 Stat. be continued in use so long, as such Approval No. 160.004/3/0, Model 42, equipment is in good and serviceable adult balsa wood life preserver, U.S.C.G. 1544, as amended, section 17,54 Stat. 166, condition. Specification Subpart 160.004, manufac­ as amended, and section 3, 54 Stat. 346, d. The change in name of manufac­ tured by The American Pad & Textile as amended, section 3, 70 Stat. 152 (46 turer shall be made as indicated in Part Co., 511 North Solomon Street, New Or­ U-S.C. 405, 416, 489, 367, 526p, 1333, III of this document. leans 19, La., and Fairfield, Calif. (Ex- No. 146------4 6010 NOTICES tension of the approval published in sea anchors, lifeboat ister May 12, 1954, effective May 12, F ederal R egister June 25, 1954, effective Approval No. 160.019/9/0, Type B sea 1959.) June 25, 1959.) Approval No. 160.032/96/1, Mechani­ anchor, U.S.C.G., dwg. No. MMI-562 and cal davit, straight boom sheath screw, Approval No. 160.004/4/0, Model 46, specifications dated November 1, 1943, child balsa wood life preserver, U.S.C.G. Type B-20, approved for maximum rev. August 24, 1944, manufactured by working load of 4,000 pounds per set Specification Subpart 160.004, manufac­ Mcllwaine Canvas Co., 247 West Sixth tured by The American Pad & Textile (2,000 pounds per arm), using four-, Street, San Pedro, Calif. (Extension of five-, or six-part falls, identified by gen­ Co., 511 North Solomon Street, New Or­ the approval published in F ederal R eg­ leans 19, La., and Fairfield, Calif. (Ex­ eral arrangement dwg. No. 3161-1 dated ister June 25, 1954, effective April 30, December 23, 1953, and revised. Febru­ tension of the approval published in 1959.) F ederal R egister June 25, 1954, effective ary 4,1954, manufactured by Welin Davit June 25, 1959.) SIGNALS, DISTRESS, FLOATING ORANGE SMOKE and Boat Division of Continental Cop­ per & Steel Industries, Inc., Perth Amboy, LIFE preservers: repairing and cleaning Approval No. 160.022/2/1, Model OS-5 floating _ orange smoke distress signal, N.J. (Extension of the approval pub­ Approval No. 160.006/17/0, Castle dwg. Nos. 7 and 8, both dated February 6, lished in F ederal R egister May 12,1954, cleaning process for kapok life preservers, 1954, and specification OS-5 dated effective May 12, 1959.) specifications dated May 4, 1949, sub­ February 6, 1954, manufactured by Su­ Approval No. 160.032/147/0, Gravity mitted by Castle Carpet Cleaning Corp., perior Signal Co., 6 Colfax Street, South davit, Type G65S-8, approved for maxi­ 36-21 33d Street, Long Island City, N.Y. River, N.J. (Extension of the approval mum working load of 13,000 pounds per set (6,500 pounds per arm), using 2-part (Extension of the approval published in published in F ederal R egister June 25, F ederal R egister June 25,1954, effective 1954, effective June 25, 1959.) - falls, identified by arrangement dwg. No. June 23, 1959.) 35l5 dated January 12, 1954, and revised Approval No. 160.022/5/0, Kilgore March 25, 1954, manufactured by Welin BUOYS, LIFE, RING, CORK OR BALSA WOOD Model K-5 floating orange smoke dis­ tress signal, assembly dwg. No. GXC-323, Davit and Boat Division of Continental Approval No. 160.009/32/0, 30-inch Rev. 2 dated December 18, 1953, manu­ Copper & Steel Industries, Inc., Perth cork ring life buoy, U.S.C.G. Specifica­ factured by Kilgore, Inc., International Amboy, N.J. (Extension of the approval tion Subpart 160.009, manufactured by Flare Signal Division, Westerville, Ohio. published in F ederal R egister May 12, The American Pad & Textile Co., 511 (Extension of the approval published in 1954, effective May 12, 1959.) Approval No. 160.032/159/0, Gravity North Solomon Street, New Orleans 19, F ederal R egister June 25, 1954, effective La. (Extension of the approval pub­ June 25,1959.) davit, Type LO-38-S, approved for a lished in F ederal R egister June 25,1954, maximum working load of 9,000 pounds effective June 23,1959.) WATER, EMERGENCY DRINKING (IN HERMETI­ per set (4,500 pounds per arm), using 2- CALLY SEALED CONTAINERS) part falls, identified by arrangement BUOYANT APPARATUS Approval No. 160.026/27/2, container dwg. No. 3686, revision G dated April 20, Approval No. 160.010/51/0, 3.75' x 3.0' for emergency drinking water, Globe 1959, manufactured by Welin Davit and x 0.83' Type BP-12 buoyant apparatus, Equipment Corp. dwg. No. 1313 dated Boat Division of Continental Copper & fibrous glass reinforced plastic shell with November 1, 1956, revised May 6, 1959, Steel Industries, Inc., Perth Amboy, N.J. unicellular plastic foam core, 12-person packed by Ash Jon Corp., 257 Water LIFEBOATS capacity, dwg. No. BP-200-3, Rev. A Street, Brooklyn 1, N.Y., for Globe dated February 27, 1959, material speci­ Equipment Corp., 257 Water Street, Approval No. 160.035/53/1, 26.0' x 9.0' fication BP-201 dated October 10, 1958, Brooklyn 1, N.Y. (Supersedes Approval x 3.83' aluminum, oar-propelled lifeboat, and fabrication procedure BP-202 dated 53-person capacity, identified by con­ No. 160.026/27/1 published in F ederal struction and arrangement dwg. No. October 11,1958, manufactured by Mari­ R egister January 22,1958.) ner Laminates, Inc., 501 Atlantic Avenue, 3083 dated April 18, 1959, and revised Freeport, N.Y. LIFE FLOATS May 13, 1959, manufactured by Welin Approval No. 160.010/52/0, 4.75' x 3.0' Approval No. 160.027/54/0, 9.75' x 6.25' Davit and Boat Division of Continental x 0.83' Type BP-15 buoyant apparatus, (10%" x 10 %" body section) rectan­ Copper & Steel Industries, Inc., Perth fibrous glass reinforced plastic shell with gular aluminum life float with unicel-/ Amboy, N.J. (Reinstates and super­ unicellular plastic foam core, 15-person lular plastic foam core, 25-person sedes Approval No. 160.035/53/0 termi­ capacity, dwg. No. BP-200-3, Rev. A capacity, dwg. No. 60092, Rev. A dated nated in F ederal R egister October 1, dated February 27,1959, material specifi­ May 18, 1959, manufactured by Welin 1952. ) cation BP-201 dated October 10, 1958, Davit and Boat Division of Continental Approval No. 160.035/63/2, 31.0' x and fabrication procedure BP-202 dated Copper & Steel Industries, Inc., Perth 11.25' x 4.5' steel, motor-propelled life­ October 11, 1958, manufactured by Amboy, N.J. boat without radio cabin (Class B), 83- Mariner Laminates, Inc., 501 Atlantic DAVITS person capacity, identified by construc­ Avenue, Freeport, N.Y. tion and arrangement dwg. No. 2414 Approval No. 160.010/55/0, 4.0' x 3.0' Approval No. 160.032/43/2, Gravity dated January 9, 1953, and revised April x 0.38' buoyant apparatus, fibrous glass davit, Type G-65-S (formerly Type 21, 1959, manufactured by Welin Davit reinforced plastic shell with unicellular 30-V), approved for a maximum working and Boat Division of Continental Cop­ plastic foam core, 6-person capacity, load of 13,000 pounds per set (6,500 per & Steel Industries, Inc., Perth dwg. No. BA-2 dated April 20, 1959, and pounds per arm), using 2-part falls, Amboy, N.J. (Supersedes Approval No. specification BA No. 1, Rev. 4 dated April identified by general arrangement dwg. 160.035/63/1 published in F ederal R eg­ 20, 1959, manufactured by C. J. Hendry No. 3379-3, Alt. 2 dated April 29, 1959, ister May 12, 1954.) Co., 27 Main Street, San Francisco 5, manufactured by Welin Davit and Boat Approval No. 160.035/313/1, 26.0' x 9.0' Calif. Division of Continental Copper & Steel x 3.83' aluminum, motor-propelled life­ WINCHES, LIFEBOAT Industries, Inc., Perth Amboy, N.J. boat with radio cabin (Class A ), 43-per­ (Supersedes Approval No. 160.032/43/1 son capacity* identified by construction Approval No. 160.015/66/0, Type published in F ederal R egister June 3, and arrangement dwg. No. 3490 dated B135-M-N lifeboat winch with .quick 1958.) August 6,1953, and revised April 21,1959, return mechanism, approval is-limited Approval No. 160.032/55/1, Mechanical manufactured by Welin Davit and Boat to mechanical components only and for davit, crescent sheath screw, Type C-53, Division of Continental Copper & Steel a maximum working load of 13,500 approved for maximum working load of Industries, Inc., Perth Amboy, N.J. pounds pull at the drums (6,750 pounds 10,500 pounds per set (5,250 pounds per (Supersedes Approval No. 160.035/313/0 per fall), identified by general arrange­ arm) using not less than 2-part falls, published in F ederal R egister May 12, ment dwg. No. 2105-11 dated November identified by general arrangement dwg. 1954.) 19, 1953, manufactured by Welin Davit No. 1974-1 dated September 1, 1948, and Approval No. 160.035/314/1, 22.0' X and Boat Division of Continental Copper revised February 19, 1954, manufactured 7.5' x 3.17' steel, motor-propelled lifeboat & Steel Industries, Inc., Perth Amboy, by Welin Davit and Boat Division of without radio cabin (Class B ), 29-person N.J. (Extension of the approval pub­ Continental Copper & Steel Industries, capacity, identified by general arrange­ lished in F ederal R egister May 12, 1954, Inc., Perth Amboy, N.J. (Extension of ment dwg. No. G-2229M dated August 26, effective May 12, 1959.) the approval published in F ederal R eg­ 1953, and revised May 18,1959, manufac- Tuesday, July 28, 1959 FEDERAL REGISTER 60ll tured by C. C. Galbraith & Son, Inc., 99 Industries, Inc., 715 Izard Street, Little Water Street, New York 4, N.Y. (Super­ Park Place, New York 7, N.Y. (Super­ Rock, Ark. sedes Approval No. 161.001/4/0 published sedes Approval No. 160.035/314/0 pub­ BUOYANT VESTS, UNICELLULAR PLASTIC in F ederal R egister June 22,1955.) lished in F ederal R egister June 25,1954.) Approval No. 160.035/317/0, 20.0' x 6.0' FOAM, ADULT AND CHILD SAFETY VALVES (POWER BOILERS) x 2.5' aluminum, oar-propelled lifeboat, Note: Approved for use on motorboats of Approval No. 162.001/9/2, Style HN- 16-person capacity, identified by con­ Classes A, 1, or 2 not carrying passengers for MS-26 carbon steel body pop safety valve, struction and arrangement dwg. No. hire. exposed spring, maximum pressure 600 20-1B dated December 14, 1953, and re­ Approval No. 160.052/46/0, Type II, p.s.i., maximum temperature 750° F., vised April 14, 1954, manufactured by Model 201-SHL-15.5, adult unicellular dwg. No. HV-8—MS, revised January 28, Marine Safety Equipment Corp., Point plastic foam buoyant vest, assembly dwg. 1954, approved for sizes IVz", 2", 2 . Pleasant, N.J. (Extension of the ap­ No. 58J523, Rev. D dated February 19, 3" and 4", manufactured by Crosby proval published in F ederal R egister 1959, manufactured by Gentex Corp., Valve and Gage Co., Wrentham, Mass. June 25, 1954,’effective June 25, 1959.) Carbondale, Pa. — . (Extension of the approval published in Approval No. 160.035/381/0, 24.0' x 8.0' Approval No. 160.052/48/0, Type H, F ederal R egister May 12, 1954, effective x 3.5' fibrous glass reinforced plastic, Model 202-SFL-ll, child size, medium, May 12, 1959.) oar-propelled lifeboat, 40-person capa­ unicellular plastic foam buoyant vest, Approval No. 162.001/10/2, Style HNA- city,'identified by construction and ar­ assembly dwg. No. 58F548, Rev. B dated MS-27 alloy steel body pop safety valve, rangement dwg. No. P-24-1A, Rev. A February 19, 1959, manufactured by exposed spring, maximujn' pressure 600 dated November 28, 1958, manufactured Gentex Corp., Carbondale, Pa. p.s.i., maximum temperature 900° F., by Marine Safety Equipment Corp., Approval No. 160.052/49/0, Type II, dwg. No. HV-10-MS, revised January 29, Point Pleasant, N.J. Model 203-SFL-7, child size, small, uni­ 1954, approved for sizes IV2", 2", 2V2", Approval No. 160.035/396/0, 24.0' x 8.0' cellular plastic foam buoyant vest, as­ 3" and 4", manufactured by Crosby x 3.5' fibrous glass reinforced plastic, sembly dwg. No. 58F538, Rev. A dated Valve and Gage Co., Wrentham, Mass. hand-propelled^ lifeboat, 40-person ca- February 19, 1959, manufactured by (Extension of the approval published in pacity, identified by construction and Gentex Corp., Carbondale, Pa. F ederal R egister May 12, 1954, effective arrangement dwg. No. P-24-1C, - Alt. Approval No. 160.052/64/0, Type I, May 12,1959.) B dated April 14, 1959, manufactured by Model AP, adult unicellular plastic foam Approval No. 162.doi/14/2, Style HNA- Marine Safety Equipment Corp., Point buoyant vest, U.S.C.G. Specification Sub­ MS—37 ulloy steel body pop safety valve, Pleasant, N.J. part 160.052, manufactured by The How­ exposed spring, maximum pressure 900 KITS, FIRST-AID ard Zink Corp., Fremont, Ohio. p.s.i., maximum temperature 900° F., Approval No. 160.052/65/0, Type I, dwg. No. HV-ll-M S, revised February 1, Approval No. 160.041/7/0, First-Aid Model CPM, child unicellular plastic 1954, approved for sizes IV2", 2", 2y2", Kit, Model No. H-24-A, assembly dwg. foam buoyant vest, U.S.C.G. Specifica­ 3" and 4", manufactured by Crosby dated March 20, 1959, manufactured by tion Subpart 160.052, manufactured by Valve and Gage Co., Wrentham, Mass. A. E. Halperin Co., Inc., 75-87 North­ The Howard Zink Corp., Fremont, Ohio. (Extension of the approval published in ampton Street, Boston 18, Mass. > Approval No. 160.052/66/0, Type I, F ederal R egister May 12, 1954, effective BUOYANT CUSHIONS, KAPOK OR FIBROUS Model CPS, child unicellular plastic May 12, 1959.) GLASS foam buoyant vest, U.S.C.G. Specifica­ Approval No. 162.001/12/2, Style HNA— tion Subpart 160.052, manufactured by MS-28 alloy steel body pop safety valve, Note: Approved for use on motorboats of Classes A, 1, qr,2 not carrying passengers for The Howard Zink Corp., Fremont, Ohio. exposed spring, maximum pressure 600 hire. Approval No. 160.052/73/0, Type II, p.s.i., maximum temperature 1000° F., Model 101, adult unicellular plastic foam dwg. No. HV—10-MS,-revised Jauary 29, Approval No. 160.048/135/1, Special buoyant vest, assembly dwg. No. SL 101-1 1954, approved for sizes IV2", 2", 21/2", approval for 15" x 15" x 2" rectangular dated February 16, 1959, revised June 10, 3" and 4", manufactured by Crosby buoyant cushibn' with heat-sealed seams, 1959, manufactured by Aqua-King Mfg.' Valve and Gage Co., Wrentham, Mass. 20 oz. kapok, dwg. No. 430M dated May Co., P.O. Box 7451, Fort Worth, Tex. (Extension of the approval published in 14, 1959, and bill of material dated Oc­ Approval No. 160.052/74/0, Type II, F ederal R egister May 12, 1954, effective tober 23, 1958, manufactured by The Model 102, chiktsize, medium, unicellular May 12, 1959.) Hettrick Manufacturing Co., 1401 Sum­ plastic foam buoyant vest, assembly dwg. , Approval No. 162.001/13/2, Style HNA- mit Street, Toledo 1, Ohio (Plant: An­ No. SL 102-1 dated February 17, 1959, MS-38 alloy steel body pop safety valve, drews, Ind.) (Supersedes Approval No. revised June 10, 1959, manufactured by exposed spring, maximum pressure 900 160.048/135/0 published in F ederal R eg­ Aqua-King Mfg. Co., P.O. Box 7451, Fort p.s.i., maximum temperature 1000° F., ister December 31,1958.) Worth, Tex. dwg. No. HV-ll-M S, revised February 1, Approval No. 169.048/150/1, Special Approval No. 160.052/75/0, Type I, 1954, approved for sizes V/st'', 2", 2y2", approval for 15" x 15" x 2" rectangular Model AP, adult unicellular plastic foam 3" and 4 " ,-manufactured by Crosby buoyant cushion with heat-sealed seams, buoyant vest, U.S.C.G. Specification Sub­ Valve and Gage Co., Wrentham, Mass. 20 oz. kapok, The Hettrick Manufactur­ part 160.052, manufactured by Bottom (Extension of the approval published in ing Co. dwg. No. 430M dated May 14, Dollar Industries, Inc., 715 Izard Street, ^Federal R egister May 12, 1954, effective 1959, and bill of material dated October Little Rock, Ark. May 12, 1959.) 23, 1958, manufactured by The Hettrick Approval No. 180.052/76/0,, Type I, Approval No. 162.001/14/2, Style HS~ Manufacturing Co., 1401 Summit Street, Model CPM, child unicellular plastic MS-15, carbon steel body pop, safety Toledo 1, Ohio, (Plant: Andrews, Ind.) foam buoyant vest, U.S.C.G. Specification valve, exposed spring, maximum pres­ for Sears, Roebuck and Co., 925 South Subpart 160.052, maiiufactured by Bot­ sure 300 p.s.i., maximum temperature Homan Avenue, Chicago 7, 111. (Super­ tom Dollar Industries, Inc., 715 Izard 650° F., dwg. No. HV-6-MS, revised Jan­ sedes Approval No. 160.048/150/0 pub­ Street, Little Rock, Ark. uary; 29, 1954, approved for sizes 1 y2", lished in F ederal R egister June 2Q, Approval No. 160.052/77/0, Type I, 2", 21/j", 3" and 4"* manufactured by 1959.) Model CPS, child unicellular plastic foam Crosby Valve and Gage Co., Wrentham, buoyant cushions, unicellular plastic buoyant vest, U.S.C.G. SpecificationSub- Mass. (Extension of the approval pub­ FOAM part 160.052, manufactured by Bottom lished in F ederal R egister May 12, 1954, Dollar Industries, Inc., 715 Izard Street, effective May 12, 1959.) Note: Approved for use on motorboats of Little Rock, Ark. Classes A, 1, or 2 not carrying passengers for Approval No. 162.001/15/2, Style-MS- hire. MS-25 carbon steel body pup safety LIGHTS (WATER) t ELECTRIC, FLOATING, valve, exposed spring, maximum pres­ Approval No. 160.049/28/0, Group ap­ AUTOMATIC (WITH BRACKET FOR MOUNTING) sure 450 p.s.i„ maximum temperature proval for rectangular and trapezoidal Approval No. 161.001/4/1, “Coslite” 650° F„ dwg. No. HV-7-MS, revised Jan­ unicellular plastic foam buoyant cush­ automatic floating electric water light uary 29, 1954, approved for sizes iy 2", ions, U.S.C.G. Specification Subpart (with bracket for mounting), dwg. No. 2", 2%", £" and 4", manufactured by 160.049, sizes to be as per Table 160.049-4 16-59, Alt. 2 dated March 9,1959, manu­ Crosby Valve and Gage Co., Wrentham, (1), manufactured by Bottom Dollar factured by Coston Supply Co., Inc., 31 Mass. (Extension of the approval pub- 6012 NOTICES lished in F ederal R egister May 12,1954, valve, exposed spring, maximum pressure heating boiler, 157,000 B.t.u. per hour, effective May 12,1959.) 600 p.s.i., maximum temperature 900° dwg. No. H-198, Rev. 2 dated February Approval No. 162.001/16/2, Style F., dwg. No. HV-13-MS, revised April 1, 1, 1954, maximum design pressure '30 HSA-MS-16 carbon steel body pop 1954, approved for sizes iy2", 2", 21/2", p.s.i., approval limited to bare boiler, safety valve, exposed spring, maximum 3" and 4", manufactured by Crosby manufactured by Way-Wolff Associates, pressure 300 p.s.i., maximum "tempera­ Valve and Gage Co., Wrentham, Mass. Inc., 33 Fulton Street, New York 38, N.Y. ture 750° F., dwg. No. HV-12-MS, re­ (Extension of the approval published in (Extension of the approval published in vised April 1, 1954, approved for sizes F ederal R egister May 12, 1954, effective F ederal R egister May 12, 1954, effective iy 2", 2", 2y2", 3” and 4", manufac­ May 12,1959.) May 12,1959.) tured by Crosby Valve and Gage Co., Approval No. 162.001/104/1, Style Approval No. 162.003/152/0, Size Wrentham, Mass. (Extension of the HN-MS-25 carbon steel body pop safety 3630-10E, vertical fire tube steam or hot approval published in F ederal R egister valve, exposed spring, maximum pres­ water heating boiler, 236,000 B.t.u. per May 12, 1954, effective May 12, 1959.) sure 600 p.s.i., maximum temperature hour, dwg. No. H-110M-1 dated October Approval No. 162.001/17/2, Style HN- 650° F„ dwg. No. HV-8-MS, revised Jan­ 29, 1953, and dwg. No. H-110-9, rev. 4 MS-36 carbon steel body pop safety u a ry 's, 1954, approved for sizes IV2", dated October 30, 1953, maximum design valve, exposed spring, maximum pres­ 2", 2}/2", 3" and 4", manufactured by pressure 30 p.s.i., approval limited to sure 900 p.s.i., maximum temperature Crosby Valve and Gage Co./Wrentham, bare boiler, manufactured by Way-Wolff 750° F„ dwg. No. HV-9-MS, revised Feb­ Mass. (Extension of the approval pub­ Associates, Inc„ 33 Fulton Street, New ruary 1, 1954, approved for sizes iy2", lished in F ederal R egister May 12, 1954, York 38, N.Y. (Extension of thé ap­ 2", 2y2' \ 3" and 4", manufactured by effective May 12, 1959.) proval published in F ederal R egister Crosby Valve and Gage Co., Wrentham, Approval No. 162.001/105/1, Style HN-*- May 12,1954, effective May 12, 1959.) Mass. (Extension of the approval pub­ MS-35 carbon steel body pop safety Approval No. 162.003/153/0, Size lished in F ederal R egister May 12, 1954, 'valve, exposed spring, maximum pres­ 4236-12E, vertical fire tube steam or hot effective May 12, 1959.) sure 900 p.s.i., maximum temperature water heating boiler, 341,500 B.t.u. per Approval No. 162.001/18/2, Style HSA- 650° F., dwg. No. HV-9-MS, revised Feb­ hour, dwg. No. H-110-B-1, rev. 2 dated MS-17 alloy steel body pop safety valve, ruary 1, 1954, approved for sizes 1 x/2 ’\ July 31,1953, and dwg. No. H-110-9, rev. exposed spring, maximum pressure 300 2", 2y2", 3" and 4", manufactured by 4 dated October 30, 1953, maximum de­ p.s.i., maximum temperature 900° F., Crosby Valve and Gage Co., Wrentham, sign pressure 30 p.s.i., approval limited dwg. No. HV-12-MS, revised April 1, Mass. (Extension of the approval pub­ to bare boiler, manufactured by Way- 1954, approved for sizes l l/2", 2", 2x/2'', lished in F ederal R egister May 12, 1954, Wolff Associates, Inc., 33 Fulton Street, 3" and 4", Manufactured by Crosby effective May 12, 1959.) New York 38, N.Y. (Extension of the Valve and Gage Co., Wrentham, Mass. Approval No. 162.001/190/1, Style HS- approval published in F ederal R egister (Extension of the approval published in MS-16 carbon steel body pop safety May 12, 1954, effective May 12, 1959.) F ederal R egister May 12, 1954, effective valve, exposed spring, maximum pres­ Approval No. 162.003/154/0, Size May 12, 1959.) sure 300 p.s.i., maximum temperature 6042-14E, vertical fire tube steam or hot Approval No. 162.001/19/2, Style 750° F.,^dwg. No. HV-6-MS, revised Jan­ water heating .boiler, 525,000 B.t.u. per HSA-MS-27 alloy steel body pop safety uary 29, 1954, approved for sizes iy2", hour, dwg. No. H-110-N, rev. 1 dated valve, exposed spring, maximum pres­ 2'V21/?", 3" and 4", manufactured by September 25, 1952, and dwg. No. H- sure 450 p.s.i., maximum temperature Crosby Valve and Gage Co., Wrentham, 110-9, rev. 4 dated October 30, 1953, 900° F., dwg. No. HV-13-MS, revised Mass. (Extension of-the approval pub­ maximum design pressure 30 p.s.i., ap­ April 1, 1954, approved for sizes 1 y2'\- lished in “F ederal R egister May 12, 1954, proval limited to bare boiler, manufac­ 2", 21/2" , 3" and 4", manufactured by effective May 12, 1959.) tured by Way-Wolff Associates, Inc., 33 Crosby Valve and Gage Co., Wrentham, Approval No. 162.001/191/1, Style HS- Fulton Street, New York 38, N.Y. (Ex­ Mass. (Extension of the approval pub­ MS-26 carbon steel body pop safety tension of the approval published in lished in F ederal R egister May 12, 1954, valve, exposed spring, maximum pres­ F ederal R egister May 12, 1954, effective effective May 12,1959.) sure 450 p.s.i., maximum temperature May 12, Î959.) Approval No. 162,001/46/2, Style HSA- 750° F., dwg. No. HV-7-MS, revised Jan­ FIRE EXTINGUISHERS, PORTABLE, HAND, MS-26 carbon steel body pop safety uary 27, 1954, approved for sizes 1 y2", CARBON-DIOXIDE TYPE valve, exposed spring, maximum pres­ 2", 2y2", 3" and 4", manufactured by sure 450 p.si., maximum temperature Crosby Valve and Gage Co., Wrentham, Approval No. 162.005/4/1, C-O-Two 750° F., dwg. No. HV-13-MS, revised Mass. (Extension of the approval pub­ Type PSH-15, 15-lb. carbon dioxide type April 1, 1954, approved for sizes 1 y2", lished in F ederal R egister May 12,1954, hand portable fire extinguisher, assembly 2"a 2y2\ 3" and 4", manufactured by effective May 12,1959.) dwg. No. M 6872, Rev. 6 dated April 12, Crosby Valve and Gage Co., Wrentham, Approval No. 162.001/192/1, Style HS- 1957, name plate dwg. No. D-57094, Rev. Mass. (Extension of the approval pub­ MS-36 carbon steel body pop safety 18 dated March 23, 1959 (Coast Guard lished in F ederal R egister May 12, 1954, valve, exposed spring, maximum pres­ classification: Type B, Size II; and Type effective May 12,1959.) sure 600 p.s.i., maximum temperature C, Size II), manufactured by The Fyr- Approval No. 162.001/101/1, Style HS- 750° F., dwg. No. HV-7-MS, revised Fyter Co., Dayton 1, Ohio. (Supersedes MS-35 carbon steel body pop safety January 27, 1954, approved for sizes Approval No. 162.005/4/1 published in valve, exposed spring, maximum pres­ 1 y2", 2",-2y2”, 3'* and 4”, manufactured F ederal R egister November 1, 1957.) sure 600 p.s.i., maximum temperature by Crosby Valve and Gage Co., Wrent­ Approval No. 162.005/5/1, C-O-Two 650° F., dwg. No. HV-7-MS, revised Jan­ ham, Mass. (Extension of the approval Type PSH-10, 10-lb. carbon dioxide type uary 27, 1954, approved for sizes lVfe", published in F ederal R egister May 12, hand portable fire extinguisher, as­ 2", 2y2", 3" and 4", manufactured by 1954, effective May 12, 1959.) sembly dwg. No. D-57045, Rev. 5 dated Crosby Valve and Gage Co., Wrentham, Approval No. 162.001/218/0, Style January 18, 1957, name plate dwg. No. Mass. (Extension of the approval pub­ AC-M1 safety valve, bronze body, 300 D-56916, Rev. 17 dated March 23, 1959 lished in F ederal R egister May 12, 1954, p.s.i., maximum temperature 450° F., (Coast Guard classification: Type B, Size effective May 12, 1959.) dwg. No. H-41473, revised May 18, 1959, I ; and Type C, Size I), manufactured by Approval No. 162.001/102/1, Style approved for sizes 1 y2", 2" and 2y2 \ The Fyr-Fyter Co., Dayton 1, Ohio. HSA-MS-:36 carbon steel body pop safety manufactured by the Ashton Valve Co., (Supersedes Approval No. 162.005/5/1 valve, exposed spring, maximum pres­ Wrentham, Mass. published in F ederal R egister Novem­ sure 600 p.s.i., maximum temperature Approval No. 162.001/219/0, Style ber 1,1957.) 750° F., dwg. No. HV-13-MS, revised AC-M2 safety valve, bronze body, 150 Approval No. 162.005/13/2, C-O-Two April 1, ^L954, approved for sizes 11/2", px.i., maximum temperature 366° F., Type PSA-5, 5-lb. carbon dioxide type 2", 2y2", 3” and 4", manufactured by dwg. No. H-41473, revised May 18, 1959, hand portable fire extinguisher, assembly Crosby Valve and Gage Co., Wrentham, approved for sizes 1 y2", 2" and 2y2”, dwg. No. C-1102, Rev. 4 dated January 18, manufactured by the Ashton Valve Co., 1957, name plate dwg. No. C-1112, Rev. 14 Mass. (Extension of the approval pub­ Wrentham, Mass. lished in F ederal R egister May 12, 1954, dated February 9, 1959 (Coast Guard effective May 12, 1959.) — BOILERS, HEATING - classification: Type B, Size I; and Type Approval No. 162.001/103/1, Style Approval No. 162.003/151/0, Size C, Size I), manufactured by The Fyr- HSA-MS-37 alloy steel body pop safety 3624-8C, vertical fire tube hot water Fyter Co., Dayton 1, Ohio. (Supersedes Tuesday, July 28, 1959 FEDERAL REGISTER 6013

Approval No. 162.005/13/2 published in (Coast Guard classification: Type A, 24, 1958, name plate dwg. No. 33X-519, F ederal R egister March 25, 1958.) Size II; and Type B, Size II), manufac­ Rev. C dated April 24,1959 (Coast Guard Approval No. 162.005/53/2, Buffalo tured by The Fyr-Fyter do., Dayton 1, classification: Type B, Size I; and Type Model No. 33-2, 5-lb. carbon dioxide type Ohio. C, Size I), manufactured by American hand portable fire extinguisher, assembly FIRE EXTINGUISHERS, PORTABLE, HAND, La France, Division of Sterling Precision dwg. No. C-5115 dated January 8, 1957, SODA-ACID TYPE / . Corp., Elmira, N.Y. (Supersedes Ap­ name plate dwg. No. C-4886, Rev. 7 dated proval No. 162.010/38/0 published in F ed­ February 9,1959 (Coast Guard classifica­ Approval No. 162.007/44/1, Buffalo eral R egister August 31, 1957.) tion: Type B, Size I; and Type C, Size I ), Model No. 17-13, 2^-gal. soda-acid type Approval No. 162.010/67/0, American manufactured by The Fyr-Fyter Co., hand portable fire extinguisher, assembly La France Model PDC-2A, 2-lb. dry Dayton 1, Ohio. (Supersedes Approval dwg. No. 17-13, revised November 7,1954, chemical stdred pressure type hand No. 162.005/53/2 published in F ederal name platd dwg. No. 4707, Rev. D dated portable fire extinguisher, assembly dwg. R egister March 25,1958.) July 24,1958 (Coast Guard classification: No. 33X-1254, Rev. H dated August 22, Approval No. 162.005/54/2, Buffalo Type A, Size II), manufactured by The 1958, name plate dwg. No. 33X-411, Rev. Model No. 34-2, 10-lb. carbon dioxide Fyr-Fyter Co., Dayton 1, Ohio. (Super­ E dated January 30, 1959 (Coast Guard type hand portable fiye extinguisher, as­ sedes Approval No. 162.007/44/1 pub­ classification: Type B, Size I; and Type sembly dwg. No. D-5116 dated January 8, lished in F ederal R egister January 18, C, Size I), manufactured by American 1957, name plate dwg. No. D-4899, Rev. 7 1955.) La France, Division of Sterling Precision dated March 23, 1959 (Coast Guard Approval No. 162.007/48/1, Fyr-Fyter Corp., Elmira, N.Y. . (Supersedes Ap­ classification: Type B, Size I; and Type Model No. 17-4, 2 ^ -gal. soda-acid type proval No. 162.010/67/0 published in F ed­ C, Size I), manufactured by The Fyr- hand portable fire extinguisher, assembly eral R egister March 14, 1959.) Fyter Co., Dayton 1, Ohio. (Supersedes dwg. No. 17-4 dated March 18,1958, name Approval No. 162.010/68/0, American Approval No. 162.005/54/2 published in plate dwg. No. 4772, Rev. G dated April La France Model Protexall Deluxe, 2-lb. F ederal R egister March 25,1958.) 21, 1959 (Coast Guard classification r" dry chemical stored pressure type hand Approval No. 162.005/55/2, Buffalo Type A, Size II), manufactured by The portable fire extinguisher, assembly dwg. Model No. 35-2, f5-lb. carbon dioxide Fyr-Fyter Co., Dayton 1, Ohio. (Super­ No. 33X-1334 dated April 16, 1958, name type hand portable fire extinguisher, as­ sedes Approval No. 162.007/48/0 pub­ plate dwg. No. 33X-551, Rev. J dated De­ sembly dwg. No. D-5116 dated January 8, lished in F ederal R egister December 8, cember 10, 1958 (Coast Guard classifica­ 1957, name plate dwg. No. D-4882, Rev. 9 1954.) tion: Type B, Size I; and Type C, Size I), dated March 23, 1959 (Coast Guard Approval No. 162.007/49/1, Buffalo manufactured by American La France, classification: ff^pe B, Size II; and Type' Model No. 17-5, 2%-gal. soda-acid type Division of Sterling Precision Corp., El­ C, Size II), manufactured by The Fyr- hand portable fire extinguisher, assembly mira, N.Y. (Supersedes Approval No. Fyter Co., Dayton 1, Ohio. (Supersedes dwg. No. 17-5 dated March 18,1958, name 162.010/68/0 published in F ederal R egis­ Approval No. 162.005/55/2 published in plate dwg. No. 4761, Rev. G dated April ter March 14, 1959.) F ederal R egister March 25, 1958.) 21, 1959 (Coast Guard classification: Approval No. 162.010/86/0, Leeder Ma­ FIRE EXTINGUISHERS, PORTABLE, HAND, Type A, Size II), manufactured by The rine Model No. 2%, 2%-lb. dry chemical CHEMICAL FOAM TYPE Fyr-Fyter Co., Dayton 1, Ohio. (Super­ stored pressure type hand portable fire sedes' Approval No. 162.007/49/0 pub­ extinguisher, assembly dwg. No. G-621- Approval No. 162.006/33/1, Buffalo lished in F ederal R egister December 8, 302-2, Rev. 4 dated May 6, 1959, hame Model No. 18-25 C.G. (formerly 18-27), 1954.) plate dwg. No. A-928-302-7, Rev. 1 dated 2%-gal. chemical foam type hand port­ Approval No. 162.007/53/0, Pyrene May 7, 1959 (Coast Guard classification: able fire extinguisher, assembly dwg. No. Model SW-12, 21/2-gal. soda-acid type Type B, Size I; and Type C, Size I ) , man­ 18-25 C.G., Rev. B dated April 19, 1957, hand portable fire extinguisher, assembly ufactured by Leeder Manufacturing Co., name plate dwg. No. 4709, Rev. E dated dwg. No. SW-12 dated March 18, 1958, Inc., 615 East First Avenue, Roselle, N.J. April 21, 1959 (Coast Guard classifica­ name plate dwg. No. 6268, Rev. D dated Approval No. 162.010/87/0, Leeder Ma­ tion: Type A, Size II; and Type B, Size March 13, 1959 (Coast Guard classifica­ rine Model No. 2, 2-lb. dry chemical II), manufactured by The Fyr-Fyter Co., tion: Type A, Size II), manufactured by stored pressure type hand portable fire Dayton 1, Ohio. (Supersedes Approval The Fyr-Fyter Co., Dayton 1, Ohio. extinguisher, assembly dwg. No. G-621- No. 162.006/33/1 published in F ederal 320-2, Rev. 4 dated May 6, 1959, name R egister January 22, 1958.) FIRE EXTINGUISHERS, PORTABLE, HAND, DRY CHEMICAL TYPE plate dwg. No. A-982-302-6, Rev. 1, dated Approval No. 162.006/37/2, Fyr-Fyter May 7,1959 (Coast Guard classification: Model No. 18-4 C.G. (formerly 18-12), Approval No. 182.010/7/1, C-O-Two ^Type B, Size i; and Type C, Size I), 2% -gal. chemical foam type hand port­ Type PDC-20, 20-lb. dry chemical car­ manufactured by Leeder Manufacturing able fire extinguisher, assembly dwg. No. tridge-operated type hand portable fire Co., Inc., 615 East First Avenue, 18-4 C.G., Rev. A dated April 21, 1959, extinguisher, assembly dwg. No. D-3489, Roselle, N.J. name plate dwg. No. 3567, Rev. G dated Rev. 1 dated'September 1, 1954, name April 21, 1959 (Coast Guard classifica­ Approval No. -162.010/104/0, Elkhart plate dwg. No. D-58580, Rev. 24 dated Model 2 DC (Symbol AM), 2-lb. dry tion: Type A, Size II; and Type B, Size March 23, 1959 (Coast Guard classifica­ II), manufactured by The Fyr-Fyter Co., tion: Type B, Size n i; and Type C, Size chemical stored pressure type hand port­ Dayton 1, Ohio. (Supersedes Approval III), manufactured by The Fyr-Fyter able fire extinguisher, assembly dwg. No. No. 162.006/37/1 published in F ederal Co., Dayton 1, Ohio. (Supersedes Ap­ 33X-1360 dated March 3, 1959, name R egister January 22, 1958.) proval No. 162.010/7/1 published in F ed­ plate dwg. No. 33X-595 dated March 3, Approval No. 162.006/38/2, Buffalo eral R egister March 25, 1958.) 1959 (Coast Guard classification: Type Model No. 18-5 C.G. (formerly 18-14), Approval No. 162.010/29/0, C-O-Two B, Size I; and Type C, Size I ), manufac­ 2%-gal. chemical foam type hand port­ Type PDC-4, 4-lb. dry chemical car­ tured by American La France, Division able fire extinguisher, assembly dwg. No. tridge-operated type hand portable fire of Sterling Precision Corp., Elmira, N.Y., 18-5 C.G., Rev. A dated April 21, 1959, extinguisher, assembly dwg. Na. D-59146, for Elkhart Brass Manufacturing Co., name plate dwg. No. 4760, Rev. F dated Rev. 7 dated May 7, 1952, name plate Inc., 1302 West Beardsley Avenue, April 21, 1959 (Coast Guard classifica­ dwg. No. C-59138, Rev. 21 dated March Elkhart, Ind. tion: Type A, Size II; and Type B, Size 23, 1959 (Coast Guard classification: II), manufactured by The Fyr-Fyter Co., Type B, Size I; and Type C, Size I ) , man­ -Approval No. 162.010/109/0, S.O.S. De­ Dayton 1, Ohio. (Supersedes Approval ufactured by The Fyr-Fyter Co., Dayton fender (Symbol GEN) Model No. 4, 4-lb. No. 162.006/38/1 published in F ederal 1, Ohio. (Supersedes Approval No. dry chemical cartridge-operated type R egister .January 22,1958.) 162.010/29/0 published in F ederal R eg­ hand, portable fire extinguisher, assem­ Approval No. 162.006/42/0, Pyrene ister November 1,1957.) bly dwg. No. DC4-11910, Rev. D dated Model No. PW-12 C.G., 2 ^ -gal. chemical Approval No. 162.010/38/1, American March „ 12, 1959, name plate dwg. No. loam type hand portable fire extin­ La France Model PDC-5, Series 2, 5-lb. DC4-11907 dated March 12, 1959 (Coast guisher, assembly dwg. No. PW-12 C.G., dry chemical stored pressure type hand Guard classification: Type B, Size I; and Rev. A dated April 21, 1959„ name plate portable fire extinguisher, assembly dwg. Type C, Size I), manufactured by The dwg. No. 6242, Rev. F dated April 21,1959 No. 33X-1226, Rev. D dated September Fire Guard Corp., 1685 Shermer Road, 6014 NOTICES

Northbrook, 111., for Schwartz Brothers, dated January 1, 1958, manufactured by approval published in F ederal R egister Inc., 827 Arch Street, Philadelphia 7, Pa. John Wood Company, 100 Washington May 12, 1954, effective May 12,1959.) Approval No. 162.010/110/0, S.O.S. De­ Street, Conshohocken, Pa. P art II—T erminations of Approvals of fender /Symbol GEN) Model No. 21/2, Approval No. 162.020/112/0, John E quipm ent, I nstallations or M aterials 21/>-lb. dry chemical stored pressure type Wood Co. Model No. D-30 hot water hand portable fire extinguisher, assembly heater for liquefied petroleum gas serv­ LIFE PRESERVERS, FIBROUS GLASS, ADULT AND dwg. No. CP2y2-H905 dated March 12, ice, approved by the American Gas As­ CHILD (JACKET TYPE), MODELS 52 AND 56 1958, name plate dwg. No. 11902 dated sociation, Inc., under Certificate No. Termination of Approval No. 160.005/ March 25, 1959 (Coast Guard classifica­ 3-( 102-29, 320-6, 712-2.1 and -3.2) dated 11/0, Model 52, adult fibrous glass life tion: Type B, Size I; and Type C, Size I ) , January 1, 1958, manufactured by John preserver, U.S.C.G. Specification Subpart manufactured by The Fire Guard Corp., Wood Company, 100 Washington Street, 160.005, manufactured by The American 1685 Shermer Road, Northbrook, 111., for Conshohocken, Pa. Pad Textile Co., Greenfield, Ohio. Schwartz Brothers, Inc., 827 Arch Street, Approval No. 162.020/113/0, John (Approved F ederal R egister June 25, Philadelphia 7, Pa. Wood Co. Model No. MG-30 hot water 1954. Termination of approval effective Approval No. 162.010/115/0, Safety heater for liquefied petroleum gas serv­ June 25, 1959.) First Dri-Power Model DP-2, 2-lb. dry ice, approved by the American Gas As­ Termination of Approval No. 160.005/ chemical stored pressure type hand port­ sociation, Inc., under Certificate No. 12/0, Model 56, child fibrous glass life able fire extinguisher, assembly dwg. ifo. 3-( 102-29, 320-8, 712-2.1 and-3.2) dated preserver, U.S.C.G. Specification Subpart DP-200 dated December 9, 1958, name January 1, 1958, manufactured by Jolrn 160.005, manufactured by The American plate dwg. No. DP2-25 dated April 4, Wood Company, 100 Washington Street, Pad & Textile Co., Greenfield, Ohio. 1959 (Coast Guard classification: Type Conshohocken, Pa. (Approved F ederal R egister June 25, B, Size I; and Type C, Size I), manu­ Approval No. 162.020/114/0, John 1954. Termination of approval effective factured by Safety First Products Corp., Wood Co. Model No. DG-30 hot water June 25, 1959.> 175 Saw Mill River Road, Elmsford, N.Y. heater for liquefied' petroleum gas serv­ BUOYS, LIFE, RING, CORK OR BALSA WOOD VALVES, RELIEF (HOT WATER HEATING ice, approved by the American Gas As­ BOILERS) sociation, Inc., under Certificate No. Termination of Approval No. 160.009/ 3-G02-29, 320-6, 712-2.1 and-3.2) dated 31/0,30-inch cork ring life buoy, U.S.C.G. Approval No. 162.013/19/0, McDonnell January 1, 1958, manufactured by John Specification Subpart 160.009, manufac­ No. 230-1" relief valve for hot water Wood Company, 100 Washington Street, tured by C. J. Hendry Co., 27 Main Street, heating boiler, relieving capacity 743,400 Conshohocken, Pa. San Francisco, Calif. (Approved F ederal B.t.u. per hour, at maximum set pressure DECK COVERINGS R egister June 25, 1954. Termination of of 30 p.s.i., dwg. MA230-1" dated October approval effective April 30, 1959.) ; 20,1952, approved for 1" inlet size, man-v$ Approval No. 164.006/38/0, Marble- ufactured by McDonnell & Miller, Inc., loid, magnesite type deck covering LADDERS, EMBARKATION-DEBARKATION 3500 North Spaulding Avenue, Chicago identical to that described in National (flexible) 18, 111. (Extension of the approval pub­ Bureau of Standards Test Report No. Termination of Approval No. 160.017/ lished in F ederal R egister June 25, 1954, TG10230-12:FP2687 dated February 4, 17/2, Fig. 017-S.C. embarkation-debar­ effective June 25,1959.) 1949, approved for use without other in­ kation ladder, chain suspension, steel Approval No. 162.013/20/0, McDonnell sulating material as meeting Class A-60 ears, dwg. No. 017-1, Rev. G-2 dated Jan­ No. 230-1V2" relief valve for hot water requirements in a l^-inch thickness, uary 21, 1954, manufactured by Allain heating boiler, ¿relieving capacity 1,025,- manufactured by Marbleloid, Inc., 2040 Marine Sales Co., 2122 Kentucky Street 100 B.t.u. per hour, at maximum set presr 88th Street,^ North Bergen, N.J. (Ex­ New Orleans, La. (Approved F ederal sure of 30 p.s.i., dwg. No. MA230-l1/2 v tension of the approval published in F ed­ R egister May 12, 1954. Termination of dated August ,14,1952, approved for IV2" eral R egister May 12,1954, effective May approval effective May 12, 1959.) inlet size, manufactured by McDonnell 12,1959.) 1 / & Miller, Inc., 3500 North Spaulding Ave­ BULKHEAD PANELS DAVITS nue, Chicago 18, 111. (Extension of the Approval No. 164.008/24/1, Kaylo, in­ Termination of Approval No. 160.032/ approval published in F ederal R egister 65/1, Mechanical davit, straight boom June 25, 1954, effective June 25, 1959.) organic composition board type bulkhead panel with aluminum, steel, or equivalent sheath screw, type B-40, approved for VALVES, PRESSURE VACUUM RELIEF AND SPILL veneer on both sides identical to that de­ maximum working load of 8,500 pounds per set (4,250 pounds per arm), using Approval No. 162.017/23/3, Figure ST- scribed in National Bureau of Standards 4000-R pressure vacuum relief valve, en­ Test Report No. TG10230-7:FP2635 five or six-part falls, identified by gen­ closed pattern, weight-loaded poppet, dated July 22, 1948, approved as meeting eral arrangement djyg. No. 2260-1, Rev. 2 Class B-15 requirements in a %-inch dated April 16, 1954, manufactured by bronze body, dwg. No. ST-7500 dated Welin Davit and Boat Division of Con­ February 16, 1951, approved for 6" size, thickness, exclusive of the veneer, manu­ manufactured by Shand and Jurs Co., factured by United States Plywood Corp., tinental Copper & Steel Industries, Inc., Perth Amboy, N.J. (Approved F ederal 2600 Eighth Street, Berkeley 10, Calif. 55 West 44th Stréet, New York 36, N.Y., (Extension of the approval published in R egister June 25, 1954. Termination (Extension of the approval published in of approval off ective June 25,1959.) F ederal R egister June 25, 1954, effective F ederal R egister May 12, 1954, effective June 25, 1959.) March 25, Ï95&JX \ ' LIFEBOATS Approval No. 162.017/78/0, Figure ST- INCOMBUSTIBLE MATERIALS Termination of Approval No. 160/135/ 4004 pressure vacuum relief valve, en­ Approval No. 164.009/18/0, “J-M 85% 111/1, 28.0' x 9.25' x 3.83' steel, motor- closed pattern, weight-loaded poppet, propelled lifeboat without radio-cabin bronze body, dwg. No. ST-8470-2, Rev. 2 Magnesia”, magnesia block type in­ combustible material indentical to that (Class B), 52-person capacity, identified dated April 5, 1954, approved for 4" size, by general arrangement and construc­ manufactured by Shand and Jurs Co., described in. National Bureau of Stand­ ards letter File 10.2 dated December 6, tion dwg. No. 49R-2817-2 dated Novem­ 2600 Eighth Street, Berkeley 10, Calif. ber 24, 1953, and revised February 10, (Extension of the approval published in 1948, manufactured by Johns-Man ville Sales Corp., 22 East 40th Street, New ' 1954, manufactured by Lane Lifeboat & J F ederal R egister June 25, 1954, effective Davit Corp., 8920 26th Avenue, Brooklyn June 25, 1959.) York 16, N.Y. (Extension of the ap­ proval published in F ederal R egister 14, N.Y. (Approved F ederal R egister appliances, liquefied petroleum June 25, 1954, effective May 17, 1959.) June 25, 1954. Termination of approval Gas- consuming Approval No. 164.009/31/0, LW ma­ effective June 25, 1959.) rine acoustical unit, incombustible Termination of Approval No. 160.035/ Approval No. 162.020/i.ll/0, John material in accordance with Johns- 152/1, 30.0' x 9.67' x 4.17' aluminum, Wood Co. Model No. M-30 hot water Manville Sales Corp. letter dated Febru­ hand-propelled lifeboat? 65-person ca­ heater for liquefied petroleum gas serv­ ary 3, 1954, and dwg. No. M -l-9 dated pacity, identified by construction and ice, approved by the American Gas As­ March 11,1954, manufactured by Johns- arrangement dwg. No. 3137 dated Oc­ sociation, Inc., under Certificate No. Manville Sales Corp., 22 East 40th Street, tober 16,1946, and revised April 30,1954, 3-(102-29, 320-6, 712-2.1 and -3.2) New York 16, N.Y. (Extension of the manufactured by Welin Davit and Boat/ Tuesday, July 28, 1959 FEDERAL REGISTER 6015

Division of Continental Copper & Steel steam or hot water heating boiler, dwg. P art HI—Change in N ame of Industries, Inc., Perth Amboy, N.J. (Ap­ No. G.S. 63, undated, and G.S. 236 dated M anufacturer proved F ederal R egister June 25, 1954. January 20, 1947, maximum design pressure 15 p.s.i., approval limited to bare The name of Duane Peabody Co., 6536 Termination of approval effective June Southwest Macadam Avenue, Portland 1, 25, 1959.) boiler, manufactured by United States Oreg., has been changed to Portland In­ BOILERS, HEATING Radiator Corp., Detroit 31, Mich. (Ap­ dustrial Plastics Co. for Approval No. proved F ederal R egister June 25, 1954. Termination of Approval No. 162.003/ Termination of approval effective June 160.010/36/1 for buoyant apparatus pub­ 8/2, Series Crane 20, cast iron sectional 25,1959.) lished in the F ederal R egister of Decem­ steam or hot water heating boiler, dwg. Termination of Approval No. 162.003/ ber 31, 1958, and Approval Nos. 160.010/ No. 28482-A dated January 29, 1954, 133/1,. Series U.S.-28 cast iron sectional 49/0 and 160.010/50/0 for buoyant ap­ maximum design pressure 15 p.s.i., ap­ steam or hot water heating boiler, dwg. paratus published in the F ederal R eg­ proval limited to bare boiler, manufac­ No. G.S. 434 dated July 17, 1950, maxi­ ister of September 27,1958. tured by Crane Co., 836 South Michigan mum design pressure 15 p.s.i., approval Dated: July 21,1959. Avenue, Chicago 5, 111. (Approved F ed­ limited to bare boiler, manufactured by [seal] J. A. H irsh field, eral R egister May 12, 1954. Termina­ United States Radiator Corp., Detroit 31, tion of approval effective May 12, 1959.) Rear Admiral, U.S. Coast Guard, Mich. (Approved F ederal R egister Termination of Approval No. 162.003/ June 25, 1954. Termination of approval Acting Commandant. 9/2, Series Crane 16, cast iron sectional effective June 25, 1959.) [F.R. Doc. 59-6190; Filed July 27, 1959; steam or hot water heating boiler, dwg. Termination of Approval No. 162.003/ 8:51 a.m.] No. 28481-A dated January 29, 1954, 134/1, Series U.S.-46 cast iron sectional maximum design pressure 15 p.s.i., ap­ steam or hot water heating boiler, dwg. proval limited to bare boiler, Inanufac- No. G.S. 382 dated June 7,1949, maximum DEPARTMENT OF COMMERCE tured by Crane Co., 836 South Michigan design pressure 15 pjs.i., approval limited Avenue, Chicago 5, 111. (Approved F ed­ to bare boiler, manufactured by United Federal Maritime Board eral R egister May 12,1954. Termination States Radiator Corp., Detroit 31, Mich. of approval effective May 12, 1959.) [Docket No. S-98] (Approved F ederal R egister June 25, Termination of Approval No. 162.003/ 1954. Termination of approval effective AMERICAN PRESIDENT LINES, LTD. 11/2, Series Crane 14, cast iron sectional June 25, 1959.) steam or hot water heating boiler, dwg. Termination of Approval No. 162.003/ Notice of Hearing No. 28480—A dated January 29, 1954, 155/0, Series U.S.-3 cast iron sectional maximum design pressure 15 p.s.i., ap­ Notice is hereby given that a public steam or hot water heating boiler, dwg. hearing will be held under section 605(c) proval limited to bare boiler, manufac­ No. G.S. 222, undated, and G.S. 223A tured by Crane Co., 836 South Michigan of the Merchant Marine Act, 1936, as dated September 9, 1949, maximum de­ amended, upon an application of Ameri­ Avenue, Chicago 5, 111. (Approved F ed­ sign pressure 15 p.s.i„ approval limited to can President Lines, Ltd., for an operat­ eral R egister May 12, 1954. Termina­ bare boiler, manufactured by United ing-differential subsidy on the following tion of approval effective May 12, 1959.) States Radiator Corp., Detroit 31, Mich. Termination of Approval No. 162.003/ described services: (Approved F ederal R egister June 25, During the Great Lakes navigation 128/1, Series U.S.-2 cast iron jsectional 1954. Termination of approval effective steam or hot water heating boiler, dwg. season, one to two sailings per month June 25, 1959.) with dry cargo vessels, between United No. Q.S. 82 dated January 6,1949, maxi­ Termination of-Approval No. 162.003/ mum-design pressure 15 p.s.i,, approval States ports on the Great Lakes and St. 156/0, Series “C” cast iron sectional Lawrence River and ports in Portugal, limited to bare boiler, manufactured by steam or hot water heating boiler, dwg. United States Radiator Corp., Detroit Spain (south of Portugal), the Mediter­ No. G.S. 352 dated January 3,1949, max­ ranean Sea, and Morocco with the privi­ 31, Mich. (Approved F ederal R egister imum desigii pressure 15 p.s.i., approval lege of calling at Black Sea ports and at June 25, 1954. Termination of approval limited to bare boiler, manufactured by effective June 25, 1959.) Canadian ports on the Great Lakes, St. United States Radiator Corp., Detroit 31, Lawrence River and Atlantic coast. Termination of Approval No. 162.003/ Mich. (Approved F ederal R egister June 129/1, Series U.S.-12 cast iron sectional During such period as the Great Lakes 25, 1954. Termination of approval ef­ are closed to navigation, one to two sail­ steam or hot water heating boiler, dwg. fective June 25, 1959.) No. G.S. 412 dated January 18, 1950, ings per month with dry cargo vessels, Termination of Approval No. 162.003/ between United States North Atlantic and G.S. 497 dated October 30, 1952, 157/0, No. DA-115-4036-1, coil type hot niaximum design pressure 15 p.si., ap­ ports (Maine to Virginia, inclusive) and water heating boiler, dwg. No. 32409, Rev. ports in Portugal, Spain (south of Portu­ proval limited to bare boiler, manufac­ B dated April 13, 1954, dwg. No. 50755, tured by United States Radiator Corp., gal), the Mediterranean Sea, and Mo­ Rev. H dated April 10, 1954, dwg. No. rocco, with the privilege of calling at Detroit 31, Mich. (Approved F ederal 50779, Rev. D dated April 12, 1954, maxi­ Black Sea ports and at Canadian At­ R egister June 25, 1954. Termination of mum design pressure 30 p.s.i., approval lantic ports. approval effective June 25,1959.) limited to bare boiler, manufactured by Termination of Approval No. 162.003/ The purpose of the hearing is to re­ Vapor Heating Corp., 80 East Jackson ceive evidence relevant to the following: 130/1, Series U.ST-20 cast iron sectional Boulevard, Chicago 4, 111. (Approved steam or hot water heating boiler, dwg. (1) Whether " the application with re­ F ederal R egister June 25, 1954; Term­ spect to operations during the Great No. G.S. 73 dated January 12, 1949, ination of approval effective June 25, maximum design pressure 15 p.s.i., ap­ Lakes closed season, between United 1959.) States North Atlantic ports (Maine to proval limited to bare boiler/ manufac­ STRUCTURAL insulations tured by United States Radiator Corp., Virginia, inclusive), and ports in Por­ Detroit 31, Mich. (Approved F ederal Termination of Approval No. 164.- tugal, Spain (south of Portugal), the Register June 25, 1954. Termination of 007/2/1, Spraycraft, plaster type struc­ Mediterranean Sea, and Morocco with approval effective June 25,1959.) tural insulation identical to that de­ the privilege of calling at Black Sea ports Termination of Approval No; 162.003/ scribed in National Bureau of Standards and at Canadian Atlantic ports, is one 131/1, Series U.S.-21 cast iron sectional letter, Fie HI-6/23, dated June 2, 1944, with respect to a vessel or vessels to be steam or hot water heating boiler, dwg. approved for use without other insulat­ operated on a service, route or line served No. G.S. 438 dated July 20, 1950, and ing material to meet Class A-60 require­ by citif?ns of the United States which G.S. 446 dated August 22,1950, maximum ments in thicknesses and densities as would be in addition to the existing serv­ design pressure 15 p.s.i., approval limited follows: ice or services, and, if so, whether the to bare boiler, manufactured by United 3 inches at 12 pounds per cu. ft. density, service already provided by vessels of States Radiator Corp., Detroit 31, Mich. 4 inches at 8 pounds per cu. ft. density, United States registry in such service, (Approved F ederal R egister June 25, manufactured by Sprayed Insulation, route or line is adequate, and in the ac­ 1954. Termination of approval effective Inc., 56-58 Crittenden Street, Newark 4, complishment of the purposes and policy June 25,1959.) N.J. (Approved F ederal R egister May of the Act, additional vessels should be Termination of Approval No. 162.003/ 12, 1954. Termination pf approval ef­ operated thereon; (2) whether the ap­ 132/1, Series U.S.-25 cast iron sectional fective May 12, 1959.) plication covering closed season opera- Ç016 NOTICES tions is one with respect to a vessel tice <10 CFR Part 2) a petition for leave Building, Connecticut and Florida Ave­ operated or to be operated in a service, to intervene in these proceedings must nues NW., Washington, D.C., before Ex­ route or line served by, two or more citi- ' be served upon the parties and filed with aminer Merritt Ruhlen. zens of tile United States with vessels of the Atomic Energy Commission within Dated at Washington, D.C., July 22, United States registry, and, if so, whether 30 days after the filing of this notice with 1959. the effect of the subsidy contract would the Federal Register Division. be to give undue advantage or be unduly A copy of the application is on file in [ seal] F rancis W. B rown, prejudicial, as between citizens of the the AEC Public Document Room located Chief Examiner. United States, in the operation of vessels at 1717 H Street NW., Washington, D.C. [F.R. Doc. 59-6198; Filed, July 27, 1959; in competitive services, routes, or lines; Dated at Germantown, Md., this 21st 8:52 a.m.] and (3) whether it is necessary to enter day of July, 1959. into a contract covering said closed sea­ son operations in order to provide ade­ For the Atomic Energy Commission. quate service by vessels of the United R. L. K ir k , States registry. Deputy Director, Division of „ [Docket No. G-190Ö1 etc.] The hearing will be before an Exam­ Licensing and Regulation. CARTER-JONES DRILLING CO.r INC., iner, at a time and place to be an­ [F.R. Doc. 59-6148; Filed, July 27, 1959; nounced, in accordance with the Federal 8:45 a.m.] ET AL. Maritime Board’s rules of practice and procedure and a recommended decision Order for Hearings and Suspending will be issued. Proposed Changes in Rates 1 All persons (including individuals, CIVIL AERONAUTICS BOARD J uly 22,1959. corporations, associations, firms, part­ [Docket No. 10531] nerships, and public bodies) desiring to In the matters of Carter-Jones Drill­ intervepe in the proceeding, must file DOLLAR LINES, LTD. ing Company, Inc. (Operator) et al., notification thereof with the Secretary, Docket No. G-19001 ; Bayou Oil Company Federal Maritime Board, Washington 25, Notice of Héaring et al., Docket No. G-19002; Pauley Petro­ D.C., in writing in triplicate, by the close In the matter of thè application of leum, Inc., Docket No. G-19003; Pan of business on August 14,1959. Dollar Lines, Ltd. for an exemption American Petroleum Corporation, Dock­ under section 416, or in the alternative, et No. G-19004; Union Oil Company of Dated: July 23, 1959. approval under section 408 of the Fed­ California, Docket No. G-19006. By order of the Federal Maritime eral Aviation Act of 1958. The above-named Respondents have Board. Notice is hereby given, pursuant to the , tendered for filing proposed changes in Federal Aviation Act of 1958, that a presently effective rate schedules for [seal] J ames L. P imper, sales of natural gas subject to the juris­ Secretary. hearing in the above-entitled matter is assigned to be held on July 31, 1959, at diction of the Commission. The pro­ [F.R. Doc. 59-6186; Filed, July 27, 1959; 10:00 a.m., e.d.s.t., in Room 911, Universal posed changes are designated as follows: 8^51 a.m.] Super­ Rate Supple­ seding Effective Docket Respondent schedule ment Purchaser contract Date date Suspend­ No. No. No. or notice tendered unless ed Until ATOMIC ENERGY COMMISSION of change suspended [Docket No. 50-140] dated

GENERAL ATOMICS, DIVISION OF G-19001 Carter-Jones ' Drill- »1 5 Texas E xas tern 6-24-59 6-26-59 8 7-27-59 12-27-59 GENERAL DYNAMICS CORPORATION ing Co., Inc. (op- Transmission erator), et al. Corp. 0-10001 6 11 ___ do______6-12^59 6-22-59 » 7-23-59 12-23-59 Notice of Filing of Application for G-19002-. Bayou Oil Co., et al. 82 8 Phillips Petroleum 6-25-59 6-26-59 ‘ 8-1-59 8 1-1-60 Utilization Facility Export License Co. G-19003— Pauley Petroleum, 8 2 9 ...... do...... 6-25-59 6-26-59 ‘ 8-1-59 «1-1-60 Please take notice that General Inc. G-19004- - Pan American Pe- 98 11 Tennessee Gás 6-23-59 6-26-59 ? 7-27-59 12-27-59 Atomics, Division of General Dynamics troleum Corp. Transmission Co. Corporation, P.O. Box 608, San Diego, «30 4-20-59 G-19006 - Union Oil Co. of 30 1 United Gas Pipe Undated 6-25-59 2 7-26-59 12-26-59 California, has submitted an application California.. Line Co. dated June 10,1959, for a license author­ izing export of a 100 kilowatt TRIGA • Respondent’s present rates under Rate Schedule No. 1 (Supp. No. 2) are in eflect subject to refund hi Docket Mark II nuclear reactor to the Office of No. G-11359. A renegotiated increase (Supp. No. 3) was suspended in Docket No. G-13196 until February 14 Atomic Energy of the Republic of Viet 1958. but was neVer made effective. 2 The stated effective date is the first day after expiration of the required thirty days’ notice. . . , Nam. s Respondent’s present rates under Rate Schedule No. 2 (Supp. No. 7) are in effect subject to refund m uocKei Pursuant to section 104 of the Atomic ?OMf6]ater, the date on which the related increased rates of El Paso Natural Gas Company.are made effective Energy Act of 1954, and 10 CFR Chapter in Docket No. G-17929 in the manner prescribed by the Natural Gas Act. -- _ I, Part 50, “Licensihg of Production and s or, if later, five (5) months from the date on which the related increased rates of El Paso Natural Gas com­ pany are made effective in Docket No. G-17929 in the manner prescribed by the Natural Gas Act. . Utilization Facilities”, and upon find­ «Supp. Nos. 6 and 7 to Respondent’s FPOUas Rate Schedule No. 2 are in effect subject to refund in Docxei ings that (a) the reactor proposed to be No. G-17179 and G-17176, respectively. i The stated effective date is that proposed by Respondent. exported is a utilization facility as de­ 8 Supersedes Union Oil Company of California’s FPC Gas Rate Schedule No. 8, as amended. fined in said Act and regulations, and (b) the issuance of a license for the ex­ In support of its proposed rate in­ support oL the increased rates provided port thereof is within the scope of and creases, Carter-Jones Drilling Company, in Supplement No. 5 to Carter-Jones’ is consistent with the terms of an Agree­ Inc. (Operator), et al. (Carter-Jones), FPC Gas Rate Schedule No. 1, Carter- ment for Cooperation with the Govern­ states that the contracts were negotiated Jones submits a favored-nation letter ment of the Republic of Viet Nam, the at arm’s length; the proposed rates are from the purchaser. Commission may. issue a facility* export not in excess of prices being paid under In support of their proposed rate in­ license authorizing the export of the re­ numerous other contracts in the same creases, Bayou Oil Company et al. actor to Viet Nam. areas; Carter-Jones must deliver the (Bayou), and Pauley Petroleum, Inc. In its review of applications solely to natural gas to the purchaser at points (Pauley), state that the proposed in­ authorize the export of production or six miles distant from the wellhead; and creased rates are less than the average utilization facilities, the Commission Carter-Jones is faced with an inflation­ does not evaluate the health and safety ary economy, an ever-increasing cost of »This order does not provide for the co - characteristics of the subject reactor. labor, structural steel, tubular goods and solidation for hearing or disposition of tn In accordance with the procedures set equipment, and increased operating and separately docketed matters covered herei , forth in the Commission’s rules of prac­ maintenance expenses. In addition, in nor should it be so construed. Tuesday, July 28, 1959 FEDERAL REGISTER 6017 price being paid to other producers in and Supplement No. 9 to Pauley’s FPC will be derived from the 1959 general the same fields; and such rates will not Gas Rate Schedule No. 2 are hereby sus­ financing program with its parent com­ set in motion any contractual arrange­ pended and the use thereof deferred un­ pany, The Columbia Gas System, Inc. ment which would cause an increase in til January 1, 1960, or, if later, until five Applicant states that the project under the rates paid by the ultimate consumer. (5) months from the date on which the this application will benefit its system In support of its proposed rate in­ related increased rates of El Paso Natu­ by enabling increased use of existing crease, Pan American Petroleum Cor­ ral Gas Company in Docket No. G-17929 storage fields and increased recovery of poration (Pan American) submits a are made effective in the manner pre­ gas from the affected producing fields at­ favored nation letter from the purchaser. scribed by the Natural Gas Act; Union’s tached to Applicant’s system. Also, op­ In addition, Pan American states that FPC Gas Rate Schedule No. 30 and Sup­ erating and maintenance expenses are the proposed increased rate is a matter plement No. 1 thereto are hereby sus­ expected to be reduced by retiring un­ of contractual obligation arising from a pended and the use thereof deferred un­ needed and obsolete units and relocating written contract entered into as a result til December 26, 1959; and each of the other units, thus increasing efficiency of arm’s length negotiation; the proposed aforementioned supplements and Union’s and decreasing the manpower required. rate is an integral part of the initial rate FPC Gas Rate Schedule No. 30 shall re­ This matter is one that should be dis­ agreed to by the parties to the contract; main suspended until such further time posed of as promptly as possible under the price of gas could be materially in­ as they are made effective in the manner the applicable rules and regulations and creased, based upon its intrinsic value, prescribed by the Natural Gas Act. to that end: before it would equal the price of com­ (C) Neither the supplements hereby Take further notice that, pursuant to peting fuels; and the regulatory stand­ suspended, nor the rate schedules sought the authority contained in and subject ard for “just and reasonable” should be to be altered thereby, shall be changed to the jurisdiction conferred upon the the current market price standard or the until these proceedings have been dis­ Federal Power Commission by sections average base price of currently negoti­ posed of or until the periods of suspen­ 7 and 15 of the Natural Gas Act, and the ated contracts. sion have expired, unless otherwise or­ Commission’s rules of practice and pro­ In support of its proposed rate increase dered by the Commission. cedure, a hearing will be held on Septem­ Union Oil Company of California (D) Interested state commissions may ber 8, 1959, at 9:30 a.m., e.dus.t., in a (Union) states that the new contract was participate as provided by §§1.8 and Hearing Room of the Federal Power negotiated at arm’s length; it conforms 1.37(f) of the Commission’s rules of Commission, 441 G Street NW., Wash­ more closely to those contractual criteria practice and procedure (18 CFR 1.8 and ington, D.C., concerning the matters in­ which the Commission regards as being 1.37(f)). volved in and the issues presented by more in the public interest; the proposed By the Commission. such application T Provided, however, rate falls into the lower range of natural That the Commission may, after a non- gas prices in Louisiana parishes south of Michael J. F arrell, contested hearing, dispose of the pro­ the 31st Parallel; and the proposed rate Acting Secretary. ceedings pursuant to the provisions of does not establish a new high for juris­ [PJR. Doc. 59-6187; Filed, July 27, 1959; § 1.30(c) (1) or (2) of the Commission’s dictional sales in South Louisiana and 8:51 ajn.] rules of practice and procedure. Under does not disturb the pricing economics the procedure herein provided for, unless of existing and future gas sales in this otherwise advised, it will be unnecessary area. - ' [Docket No. G-18157] for Applicant to appear or be repre­ The increased rates and charges so sented at the hearing. proposed have, not been shown to be jus­ MANUFACTURERS LIGHT AND HEAT Protests or petitions to intervene may tified, and may be unjust, unreasonable, CO. be filed with the Federal Power Commis­ unduly discriminatory, or preferential, sion, Washington 25, D.C., in accordance or otherwise unlawful. Notice of Application and Date of with the rules of practice and procedure The Commission finds; It is necessary Hearing (18 CFR 1.8 or 1.10) on or before August and proper in the public interest and to J uly 22, 1959. 28,1959. Failure of any party to appear aid in the enforcement of the provisions Take notice that on March 25, 1959, at and participate in the hearing shall of the Natural Gas Act that the Com­ supplemented on May 13,1959, The Man­ be construed as waiver of and concur­ mission enter upon hearings concerning ufacturers Light and Heat Company rence. in omission herein of the inter­ the lawfulness of the several proposed (Applicant) filed in Docket No. G-18157 mediate decision procedure in cases changes and that the above-designated an application pursuant to section 7 of where a request therefor is made. supplements and Union’s FPC Gas Rate Schedule No. 30, bé suspended and the the Natural Gas Act for a certificate of J oseph H. Gutride, use thereof deferred as hereinafter or­ public convenience and necessity author­ Secretary. dered. izing the installation and operation of [F.R. Doc. 59-6188; Filed, July 27, 1959; seven portable compressor stations to­ 8:51 a.m.] The Commission orders: talling 1,495 horsepower at certain loca­ (A) Pursuant to the authority of the tions in Washington, Fayette and Greene Natural Gas Act, particularly sections Counties in Pennsylvania, and in Wetzel 4 and 15 thereof, the Commission’s rules County in West Virginia; and for per­ SECURITIES AND EXCHANGE of practice and procedure and the regu­ mission to remove and dispose of seven lations under the Natural Gas Act (18 old compressor stations totalling 4,727 COMMISSION CPR, ch. I ), public hearings be held horsepower at certain locations in Wash­ upon dates to be fixed by notices from the [File No. 7-2005] Secretary concerning the lawfulness of ington, Fayette, Westmoreland and the several proposed increased rates and Greene Counties in Pennsylvania, and in ALUMINUM COMPANY OF Marshall and Doddridge Counties in AMERICA charges contained in the above-desig­ West Virginia, all as more fully set forth nated supplements and Union’s FPC Gas Rate Schedule No. 30. in the application and the exhibits at­ Notice of Application for Unlisted Pile No. 24NY-4588} officers, and promoters as a group and order of suspension should be vacated or the percentage of such securities which made permanent, without prejudice, TREPAC CORPORATION OF will be held by the public if all the securi­ however, to the consideration and pres­ AMERICA ties to be offered are sold and the respec­ entation of additional matters at the Order Temporarily Suspending Ex­ tive amounts of cash paid therefor by hearing; that if no hearing is requested such group and the public; emption, Statement of Reasons and none is ordered by the Commission, 6. The failure to disclose the current this order shall become permanent on the Therefor, and Notice of Opportu­ address of the issuer; thirtieth day after its entry and shall re­ nity for Hearing 7. The failure to disclose the names main in effect unless or until it is modi­ J u l y 22, 1959. and addresses of the current directors fied or vacated by the Commission;, and L Trepac Corporation of America (is­ and officers of the issuer; that notice of the time and place for said suer) , a New Jersey corporation, 30 West 8. The failure to disclose the use of hearing will be promptly given by the Hamilton Avenue (formerly located at proceeds received by the issuer in the sale Commission. of its securities; One Engle Street), Englewood, New By the Commission. Jersey, filed with the Commission on No­ 9. The failure to disclose the sale of vember 8, 1957, a notification on Form securities of the issuer by its affiliate, the [seal] O rval L. D uB o is, 1-A and an offering circular relating to prices received therefor, and the effect Secretary. thereof on any future financing by the an issue of 20,000 shares of its $0.25 par [F.R. Doc. 59-6173; Filed, July 27, 1959; value common stock to be offered at $2.00 issuer; 8:48 a.m.J per share for an aggregate offering price 10. The inclusion of a list of 52 promi­ of $40,000, for the purpose of obtaining nent companies to whom trial samples of an exemption from the registration re­ the issuer’s product were sent in that quirements of the Securities Act of 1933, such product was neither endorsed nor SMALL BUSINESS ADMINISTRA­ as amended, pursuant to the provisions purchased in substantial amounts by of section 3 (b) thereof, and Regulation such companies; TION 11. The failure to disclose all material A promulgated thereunder. [Declaration of Disaster Area 230] II. The Commission has reasonabletransactions between the issuer and its cause to believe-that: officers, directors, or affiliates; CALIFORNIA A. The terms and conditions of Regu­ 12. The failure to disclose all options lation A have not been complied with in outstanding to purchase securities of the Declaration of Disaster Area that: issuer; Whereas, it has been reported that 1. The issuer has failed to file reports 13. The use of an offering circular during the month of July 1959, because of sales on Form 2-A, as required by Rule dated prior to the time of filing with the of the effects of certain disasters, damage 260; Commission; resulted to residences and business prop­ 2. Advertisements were used in con­ 14. The failure to disclose that the erty located in certain areas in the State nection with the offering which were not issuer does not have exclusive rights to h f California. filed, as required by Rule 258; its principal product (TREPAC) and Whereas, the Small Business Admin­ 3. The issuer failed to file a revised that others may manufacture and/or istration has investigated and has re­ offering circular as required by Rule 256 distribute devices identical or similar to ceived other reports of investigations of of Regulation A; that of the issuer; conditions in the areas affected; 4. The issuer failed to amend its of­ 15. The failure to specify the various Whereas, after reading and evaluating fering circular so that the statements stages of development, manufacture, and reports of such conditions, I find that the made therein would not contain infor­ testing claimed for the issuer’s products conditions in such areas constitute a mation which was false and misleading other than Trepac; catastrophe within the purview of the m the light of the circumstances then 16. The statement that a potential Small Business Act. / ,, existing; market for 500,000 units of Trepac exists Now, therefore, as Administrator of the 5. The issuer failed to furnish, as an and that the market is increasing by as Small Business Administration, I hereby exhibit, copies of the escrow agreement much as 100,000 units each year; . determine that: with respect to securities underlying out­ 17. The failure to set forth in the 1. Applications for disaster loans under standing options held by officers, direc­ balance sheet the basis of valuing the the provisions Of section 7(b) of the tors or controlling persons. inventory; Small Business Act may be received and B. The offering circular contains un­ 18. The failure to include depreciation considered by the Office below indicated true statements of material facts and on fixed assets as an expense in the in­ from persons or firms whose property omits to state material facts necessary come statement; situated in the following county (includ­ m order to make the statements made, 19. The failure to include all liabilities ing any areas adjacent to said county) "V-kf light of the circumstances under in the balance sheet; suffered damage or other destruction as a which they are made not misleading, 20. The failure to include appropriate result of the catastrophe hereinafter concerning, among other things: financial statements of the issuer and its referred to: 6020 NOTICES County: Los Angeles (forest fire occurlng approved under delegated authority in 4. To enter into written arrangements on or about July 10, 1959). any manner consistent with the original with custodians or caretakers of collat­ Office: Small Business Administration Re­ authority to approve loans. eral covering their services, which shall gional Office, Ohrbach Building, Room 1101, 312 West Fifth Street, Los Angeles 13, 4. To extend the disbursement period not have the effect of making such per­ Calif. on all undisbursed authorizations. sons employees of SBA but shall be 5. To approve annual and sick leave limited to their temporary services'for 2. No special field offices will be estab­ for employees under his supervision. the specific purpose involved. lished at this time. B. Correspondence. To sign all non­ 5. To enter into written arrangements 3. Applications for disaster loans policy making correspondence originat­ with owners of premises, when it is nec­ under the authority of this Declaration ing in the Loan Processing Section, essary,, to use a building not part of the will not be accepted subsequent to Jan­ except Congressional correspondence and loan collateral for the storage of chattels uary 31, 1960. correspondence with the Washington pending foreclosure and sale, for a period Dated: July 13, 1959. Office. of not more than 90 days, including a II. The specific authority delegated in period of 10 days after the date of sale Wendell B. Barnes, IA may not be redelegated. of the collateral to permit orderly re­ Administrator. III. All authority delegated herein moval of the property from.the premises. [FR. Doc. 59-6174; Filed, July 27, 1959; may be exercised by any SBA employee 6. To approve annual and sick leave 8:48 a.m.] designated as Acting Chief, Loan for employees under his supervision. Processing Section. B. Correspondence. To sign all non­ Effective date: June 20,1959. policy making correspondence originat­ [Delegation of Authority 30-1-1, as amended] ing in the Loan Administration Section, Bernard F. O’Neil, except Congressional correspondence, CHIEF, FINANCIAL ASSISTANCE Chief, Financial Assistance Di­ correspondence with the Washington DIVISION vision, Boston Regional Office. Office and letters to borrowers or guar­ [F.R. Doc. 59-6176; Filed July 27, 1959; antors proposing collection of loans by Delegation Relating to Financial 8:49 a.m.] court action. Assistance II. The specific authority delegated in 1A, may not be redelegated. Notice is hereby given that this dele­ III. All authority delegated herein gation (22 P.R. 6808, 23 F.R. 1708) is [Delegation of Authority 80-1-12] rescinded in its entirety without preju­ may be exercised by any SBA employee dice' to any actions taken under this dele­ CHIEF, LOAN ADMINISTRATION designated as Acting Chief, Loan Admin­ gation. SECTION istration Section. Effective date: June 19, 1959. Delegation Relating to Financial Effective date: June 20, 1959. Assistance Bernard F. O’Neil, Edward J. Stewart, Chief, Financial Assistance Di­ Regional Director, I. Pursuant to the authority delegated vision, Boston Regional Office. Boston Regional Office. to the Chief, Financial Assistance Divi­ [F.R. Doc. 59-6177; Filed, July 27, 1959; [F.R. Doc. 59-6175; Filed, July 27, 1959; sion by the Deputy Regional Director by 8:49 a.m.] 8:49 a.m.] Delegation No. 30-1-10, dated June 20, 1959 there is hereby redelegated to the Chief, Loan Administration Section, the authority: [Delegation of Authority 30-V-17] [Delegation of Authority 30-1-11] A. Specific. To take the following ac­ CHIEF, LOAN PROCESSING SECTION tions in accordance with the limitations CHIEF, LOAN LIQUIDATION SECTION of such delegations set forth in SBA-500, Delegation Relating to Financial Financial Assistance Manual: Delegation Relating to Financial Assistance 1. Te extend disbursement period on Assistance Functions undisbursed portion of loans authorized. I. Pursuant to the authority delegated I. Pursuant to the authority delegated 2. To take the following actions in the to the Chief, Financial Assistance Divi­ to the Chief, Financial Assistance Divi­ administration, collection and liquida­ sion, by Delegation of Authority No. sion by the Deputy Regional Director by tion of business or disaster loans: Delegation No. 30-1-10, dated June 20, 30-V-l (Revision 1), as amended (23 (a) Approve or reject substitutions of F.R. 3085, 24 F.R. 3554) and further 1959, there is hereby redelegated to the accounts receivable and inventories. Chief, Loan Processing Section, the au­ amended April 20, 1959, there is hereby (b) Release, or consent to the release redelegated to the Chief, Loan Liquida­ thority: of inventories, accounts receivable, cash A. Specific. To take the following ac­ tion Section, the following authority: collateral or other personal property held A. Specific—Financial assistance. To tions in accordance with the limitations as collateral on loan, including the re­ of such delegations set forth in SBA-500 take the following actions in accordance lease of all collateral when loan is paid with the limitations of such delegations Financial Assistance Manual: in full. 1. To approve the following types of set forth in SBA-500, Financial Assist­ (c) Release dividends on life insurance ance Manual, in the administration, col­ loans: policies held as collateral for loans, ap­ (a) Direct business loans in an lection, and liquidation of all business prove the applications of same against and disaster loans classified as “prob­ amount not exceeding $20,000. premiums due; release or consent to the (b) Participation business loans in an lem loans,” or “in liquidation”: release of insurance funds covering loss 1. Approve or reject substitutions of amount not exceeding $100,000. or damage to property securing the loan (c) Disaster loans in an amount not accounts receivable and inventories; and to surrender expired hazard insur­ 2. Release or consent to the release of exceeding $20,000. ance policies. 2. To, execute loan authorizations for inventories, accounts receivable, cash 3. To take peaceable custody of col­ collateral or other personal property, loans approved under dele'gated au­ lateral, as mortgagee in possession thority, said excution to read as follows: held as collateral on loan, including the thereof or otherwise, whenever such ac­ release of all collateral when loan is paid Wendell B. Barnes, tion becomes necessary to protect the in full ; Administrator. interests of or a loan made by SBA; to 3. Release dividends on life insurance B y ------take all steps necessary for the preserva­ Chief, policies held as collateral for loans, ap­ tion and protection of the property, prove the application of same against Loan Processing Section. pending foreclosure of the lien and sale 3. To modify or amend authorizations of the collateral; and to obligate the premiums due ; release or consent to the for business or disaster loans approved by Administration in an amount not in ex­ release of insurance funds covering loss the Administrator by the issuance of cess of a total of $1,000 for any one loan, or damage to property securing the loans Certificates of Modification, and to mod­ for those expenditures as may be re­ and to surrender expired hazard insur­ ify or amend authorizations for loans quired to accomplish these purposes. ance policies; Tuesday, July 28, 1959 FEDERAL REGISTER 6021 4. Release, or approve the release of [Delegation of Authority 30-X-7. (Re­ 12. To approve, with recommendation real and personal property securing a vision 2) ] of Branch Counsel, Requests for Dis­ loan for the purpose of sale, provided BRANCH MANAGER, OKLAHOMA bursement and Notification of Checks the sale proceeds are applied as a prin­ CITY, OKLAHOMA Delivered, and transmit same directly cipal payment on the loan in inverse to the Office of the Controller. order of maturity; release or approve Delegation Relating to Financial As­ 13. To cancel wholly or in part undis­ the release of machinery and equipment, sistance, Procurement and Techni­ bursed balances of partially disbursed furniture and fixtures, securing a loan cal Assistance and Administrative loans and deferred participation agree­ for the purpose of allowing borrower to ments, where the Administration has trade the property for other machinery Functions not purchased its participation. or equipment, furniture and fixtures, I. Pursuant to the authority delegated 14. Release, or consent to the release useful in the operation of borrower’s to the Regional Director by Delegation of all collateral when loan is paid in full. business, provided the newly acquired of Authority No. 30 (Revision 4), as 15. Approve or reject substitutions of property is hypothecated to secure the amended, (22 P.R. 5811, 8197, 23 P.R. accounts receivable and inventories as loan subject only to purchase money lien, 557, 1768, 8435), there is hereby dele­ “exchangeable collateral.” if any exists. gated to the Branch Manager, Oklahoma 16. Release, or consent to the release 5. Release or consent to release of real City Branch Office, Small Business Ad­ of insurance settlement funds covering or personal property upon substitution ministration, the authority: loss or damage to property securing a of other collateral of equal or greater A. Specific—Financial assistance. To loan in aggregate amount not exceeding value. ■■■' l . ■" take the following actions in accordance $1,000 for any one specific loss or dam­ 6. To take peaceable custody of col­ with the limitations of such delegations age occurrence, and execute the endorse­ lateral, as mortgagee in possession there­ set forth in SBA-500, Financial Assist­ ment of Small Business Administration of or otherwise, whenever such action be­ ance Manual: oft checks and drafts representing such comes necessary to protect the interests 1. To approve but not decline the fol­ funds. of or a loan made by SB A; to take all lowing types of loans: 17. To take the following actions to steps necessary for the preservation and (a) Direct Business Loans in an effect the servicing, administration and protection of the property, pending fore­ amount not exceeding" $20,000. collection of direct business loans having closure of the lien and sale of the col­ (b) Participation Business Loans in an outstanding balance not in excess of lateral; and, to obligate the administra­ an amount not in excess of $100,600. $20,000; particpation loans having an tion in an amount not in excess of a 2. To approve or decline Disaster outstanding balance not in excess of total of $1,000 for any one loan, for Loans in an amount not exceeding $50,- $100,000; and disaster loans having an these expenditures as may be required 000, but not to decline reconsiderations, outstanding balance not in excess of to accomplish these purposes. of applications for such loans. $50,000; except those loans currently 7. To enter into written arrangements 3. To approve or decline Limited Loan classified as “Problem or In Liquida­ with custodians or caretakers of col­ Participation Loans. tion”: lateral covering their services, which 4. To enter into Disaster Participa­ a. Waive amounts due under net earn­ shall not have the effect of making such tion Agreements with banks. ings clause. persons employees of SBA but shall be 5. To execute loan authorizations for b. Approve request to exceed fixed limited to their temporary services for Washington approved loans and for assets limitations and waive violations the specific purpose involved. loans approved under delegated author­ of this limitation. 8. To enter into written arrangements ity, such execution to read as follows: c. Approve payment of cash or stock with owners Of premises, when it is dividends, payment of bonuses, in­ Wendell B. Barnes, necessary to use a building not part of Administrator. creases in salaries, employment of new the loan collateral for the storage of By personnel, and waivers of violations of chattels pending foreclosure and sale, Branch Manager. Salary and bonus limitations, provided fot a period of not more than 90 days, the loan is current in all respects at the including a period of 10 days after the 6. To modify or amend authorizations time the payment is authorized, or the date of sale of the collateral to permit for business or disaster loans approved waiver approved, and if the payment is orderly removal of the property from by Branch Manager under delegated au­ reasonable and will not impair bor­ the premises/ thority, by the issuance of Certificates rower’s cash position. Administrative. 9. To approve annual of Modification. d. Waive violations of agreements to and sick leave for employees under his 7. To extend, with concurrence of maintain working capital of a fixed supervision. Branch Counsel, the disbursement period amount or ratio. B. Correspondence. To sign all non­ upon request of borrower on all loan e. Release dividends on life insurance policy, routine correspondence relating authorizations. policies held as collateral for loans, and to the loan liquidation functions of the 8. To approve when requested, upon approve application of same against regional financial assistance program, concurrence of Branch Counsel, in ad­ premiums due on such policies. except Congressional correspondence and vance of disbursement, conformed copies f. Release, or approve the release of correspondence with borrowers and of notes, and other closing documents real or personal property securing a loan guarantors containing any threat of le­ and to certify to the participating bank for the purpose of sale, provided the sale gal action. that such documents are in compliance proceeds are applied as a principal pay­ II. The specific authority delegated with the Loan Authorization and Par­ ment on the loan in inverse order of herein may not be redelegated with the ticipation Agreement. maturity. exception of I.R. 9. To approve, with concurrence of g. Release, or approve the release of III. All authority delegated herein may Branch Counsel, the extension or de­ machinery and equipment, furniture and be exercised by any SBA employee desig­ ferment of payments on principal falling fixtures, securing a loan-for the purpose nated as Acting Chief, Loan Liquidation due prior to or within 30 days after the of allowing borrower to trade the prop­ Section, PAD. initial disbursement on account of the erty for other machinery or equipment, IV. All previous authority delegatedloan, and provide for the coincidence of furniture and fixtures, useful in the op­ to the Chief, Loan Liquidation Section principal and interest payments. eration of borrower’s business, provided is hereby rescinded without prejudice to 10. To approve, with the concurrence the newly acquired property is hypothe­ actions taken under all such delegations of Branch Counsel, the compensation cated to secure the loan subject/only to of authority prior to the date hereof. paid and to be paid by the borrower as purchase money lien, if any exists. attorney’s fees for legal services rendered h. To take peaceable custody of col­ Effective date: May 25, 1959. in connection with the loan. lateral, as mortgagee in possession G eorge H. G affney, 11. To approve the compensation paid thereof or otherwise, whenever such ac­ Chief, Financial Assistance Di­ and to be paid by the borrower as fees tion becomes necessary to protect the vision, Atlanta Regional Office. to accountants, appraisers, architects, interests of or a loan made by SBA; to [F.R. Doc. 59-6178; Filed, July 27,- 1959; or engineers for services rendered in take all steps necessary for the preserva­ 8:49 a.m.] connection with the loan. tion^ and protection of the property,

/ 6022 NOTICES pending foreclosure of the lien and sale redelegation to routine correspondence merce Act, and rules and regulations pre­ of the collateral; and, to obligate the only. '*>: scribed thereunder (49 CFR Part 179), Administration in an amount not in ex­ III. All authority delegated herein appear below: cess of a total of $1,000 for any one loan, may be exercised by any SBA employee As provided in the Commission’s gén­ for those expenditures as may be re­ designated as Acting Branch Manager. éral rules of practice any interested quired to accomplish thèse purposes, IV. All previous authority delegated person may file a petition seeking recon­ i. Approve changes in use of loan pro­by the Regional Director to the Branch Manager, Oklahoma City, Oklahoma, is sideration of the following numbered ceeds in connection with partially dis­ proceedings within 30 days from the date bursed loans. hereby rescinded without prejudice to 18. To do and to perform all and every actions taken under all such delegations of service of the order. Pursuant to sec­ act and thing requisite, necessary and of authority prior to the dat^hereof. tion 17(8) of the Interstate Commerce Act, the filing of such a petition will proper to be done for the purpose of Effective date: July 13, 1959. effecting the granted powers, including, postpone the effective date of the order but without limiting the generality of C. W. F erguson, in that proceeding pending its disposi­ the foregoing, the execution and deliv­ Regional Director, tion. The matters relied upon by peti­ Dallas Regional Office. ery of quit claim, bargain and sale or tioners must be specified in their peti­ special warranty deeds, leases, subleases, [FJR. Doc. 59-6179; Filed, July 27, 1959; assignments, subordinations, satisfac­ - ~ 8:49 am.] tions with particularity. tion pieces, affidavits, renewal of mort­ No. MC-FC 62050. By order of July gages or judgments, and such other 17, 1959, Division 4, approved the trans­ documents as may be appropriate or fer to Jet Express, Inc., Newark, N.J., necessary to effectuate the foregoing, and [Delegation of Authority 30-XV-7, Amdt. 1] of a portion of Certificate No. MC 41701, ratifying and confirming all that sâid issued August 14, 1958, to John P. Mc­ Branch Manager shall lawfully do or CHIEF, LOAN PROCESSING SECTION cause to be done by virtue hereoL. Closkey and James P. Morrison* doing Delegation Relating to Financial business as Kollmar’s Express, Linden, 19. To do and to perform every act Assistance Functions and thing requisite, necessary and N.J., authorizing the transportation of: proper to be done for the purpose of Delegation of Authority No. 30-XV-7 General commodities, excluding house­ effecting all actions in connection with (24 F.R. 2669) is hereby amended by hold goods, commodities in bulk, and any disbursed loan when the action is adding new paragraph I.A.8 as follows: other specified commodities, between specifically approved by the Regional 8. To execute loan authorizations for points in Essex and Union Counties, N.J., Director. Washington approved loans and for Procurement and technical assistance. on the one hand, an$, on the other, New loans approved under delegated author­ York, N.Y. Edward G. Bowes, 1060 To take the following actions in accord­ ity within the dollar limitations set forth ance with the limitations of such dele­ in paragraphs I.A.l and I.A.2 above, Broad Street, Newark 2, N.J., for gations as set forth in SBA-400, Agency execution to read as follows: applicants. Policy Manual, and SBA-600, Procure­ of Wendell B. Barnes, No. MC-FC 62051. By order July ment and Technical Assistance Manual: 17, 1959, Division 4, approved the trans­ 20. To develop with government pro­ Administrator. By fer to Safeway Trucking Corporation, curement agencies required local proce­ Chief, dures for implementing established Loan Processing Section. Newark, N.J.,- of a portion of Certificate inter-agency policy agreements, includ­ No. MC 41701, issued August 14, 1958, to ing but not limited to steps such as Dated: May 27, 1959. John P. McCloskey and James P. Mor­ determining joint set-asides and repre­ D. J. F ailor, rison, doing business as Kollmar’s Ex­ sentation at procurement centers. Chief, Financial Assistance Di­ press, Linden, N.J., authorizing the Administrative. 21. To administer vision, Detroit Regional Office. oaths of office. transportation of: General commodities, [F.R. Doc. 59-6180; Filed, July 27, 1959; excluding household goods, commodities 22. To approve annual and sick leave 8:49 a.m.] for employees under his supervision. in bulk, and other specified commodities, 23. To rent motor vehicles from the between points in Essex and Union General Services Administration and to Counties, N.J., on the one hand, and, on rent garage space for the storage of such INTERSTATE COMMERCE the other, points in Nassau and W est­ vehicles when not furnished by-GSA. chester Counties, N.Y., except those B. Correspondence. To sign all non­ COMMISSION points in the New York, N.Y. Commercial policy making correspondence, including [Notice 157] Congressional correspondence, relating Zone. Edward F. Bowes, 1060 Broad to the functions of the Branch Office. MOTOR CARRIER TRANSFER Street, Newark 2, N.J., for applicants. n . The specific authority delegated in PROCEEDINGS [ seal] H arold D. M cCoy, I.A., except paragraph I.A.20, may not be Secretary. redelegated. J uly 23, 1959. The spécifie authority delegated in Synopses of orders entered pursuant [F.R. Doc. 59-6165; Filed, July 27, 1959; I.B. may be redelegated limiting such to section 212(b) of the Interstate Com­ 8:47 a.m.]

■y Tuesday, July 28, 1959 FEDERAL REGISTER 6023

CUMULATIVE CODIFICATION GUIDE— JULY A numerical list of the harts of the Code of Federal Regulations affected by documents published to date during July. Proposed rules, as opposed to final actions, are identified as such. 3 CFR Page 7 CFR—Continued Page 15 CFR Page Proclamations: Proposed rules—Continued 230____ 3301 __ L______5327 5332 909_____ 6005 371—___ 5535 3302 ______5707 911_------5939 373_____ 3303 ______5773 5535 925------5372, 5491 379____ _ 5535 3304 ______5931 933------5391 Executive orders: 381_____ 5535 946— ------5758 382—___ 5535 Feb. 17, 1843______5575 949______5742 385—___ Jan. 1; 1908__—______6001 957------J______5614 5535 Jan. 11, 1916— — ______5796 958______6005 16 CFR 4245______5721 960 ------a______5645 8509______5762 13------5365,5366, 5416, 5417, 5467, 5487, 961 ------5479 5488, 5537, 5538, 5565, 5566, 5603, 10828 ______I______5735 963------______i.______5491 5604, 5737, 5753, 5754, 5788, 5826, 10829 ______a- ____- ____ 5817 964 -- 6005 5827, 5899, 5931, 5932, 5965, 5997, 10830 ______5985 973—------,__ 5614, 6006 5998. 5 CFR 975------i ______5645 303------%------5737 6_____ 5485,5561, 5593, 5623, 5773, 5775 989------_____------—---- 5577 24______5817 992 ____ 5614 17 CFR 25______5327 993 ------5509 2 ----- 5966 325______5357 1003— _—____ ^r______5809, 5968 3------______5966 1008------5969 9 ------— ------1_____ 5966 6 CFR 1023—------5943 10 ------5966 10______5329 1028------a______5908 11 ------5966 331— ------1______5817,5996 8 CFR 230------y 5900 421------___------5437, 5959 502— ------5525 239_------:______5900 464------_------5669 9 CFR 250—_------_r____ 5489 483 ------5775 Proposed rules: 484 ______5777 78------5532 Proposed rules: 270______a___ 6008 7 CFR 131...... 5615 18 CFR 51 ------5357, 5684 52 ------z__.______5363 10 CFR 260------—______5755 68------5985 Proposed rules: 19 CFR 301_------5561, 5686, 5819 20_------5551 318------5819, 5821 1—------—_ 5366, 5998 13 CFR 2------5366 319------l — . ___ „____ 5821, 5823 121------___ 5628 321___ 5823 8 - 5999 330------;______5363 14 CFR 17---- 5489 352------5823 4b------—— ------„______5629, 5688 24------^ ------5755 728------,------5437, 5710 1 0 n ------— ______5629, 5688 31------5367 730_„------5623 20— ------5485, 5634 21 CFR 813------5329 40------5629, 5687, 5688 845------5363 41—------5415, 5629, 5687, 5688 1------—______5367 863_-----a------5364 42_____ 5629, 5687, 5688 9----- ___—;------5707 904------_------5329 43— ------5629, 5687, 5688 130-^------5827 909------5626 60— ____ 5687, 5688, 5759 146a------!------;______5538 p 2...... 5411, 5593, 5751, 5824, 5963 221------5564 Proposed rules: noi"------5735 235------5600 46------5391 241------i------5603 53------5511 936----- 5330", 5331, 5461-5465,5595-5597 409—------5898 120------5345, 5423, 5550, 6008 940______j______5963 507------5415,5534, 5634, 5964, 5997 121—: ------5945 j*53—------5413, 5466, 5598, 5753, 5964 514...... 5534, 5635 130------5391 957------5413 600 ------5336, 5760 304------T_____ 5757 601 ------5336, 5760, 5761 602— ------i__24 5336 CFR 960------5987 609 . 5337,5341,5467,5779,5933 221------5636 9??— ------5824 610 ------_------5786 232------.------5756 1221------(------5688 975 25 CFR 990------...... —— —------— 5987 5414 Proposed rules: 46_------— ------1------5566 992 ------«5------5331 40 ------5424, 5847 41 ------5424)5847 91------5778 993 ------— ------5414 1 Aon— ------5778,5938 42 ------5424, 5847 221------5367, 5539 43 ------’ 5613 1022------~ ------5686 60------__,- 575926 (1954) CFR 10R7------— 5687 lini ------5825, 5996241 - 5509 1------5368 242 ------5510 40------5901 1104------5898 507------5659, 5848 170—------5828 Proposed rules: 514------5848 173------5829 52 ------5372,5845 600__— _ 5723, 5760, 5973, 6007, 6008 195------i.__------5709 53 ------;------5478 601 ----- 5723, 5760, 5761, 5973, 6008 55------5421 240------5539, 5689 602 ------5919, 5920 252 ------5789 906------5549 608------5973, 5974 253 ------5636 6024 FEDERAL REGISTER Page 26 (1954) CFR /•'''Page 41 CFR 46 CFR— Continued Proposed rules: Proposed rules: 25______5800 5803, 5968 201__: ______6007 26—______— ------5800 1______30______i______5800 42 CFR 33______5544 29 CFR 401— _____ 5335 681—______5466 70______- ____ - ______5800 Proposed rules: 7 7 ______— ______5800 Proposed rules: 400 _3 5345. 8______C 5742 78 ___ — ______—- _____ 5544 401 __ 5345 90—_____ •— ___——___—------5800 31 CFR 43 CFR 96 ______;______- 5801 100______5489 76------5757 97 ______5544 270—_____ - ______5605 Proposed rules: 110— ______—______— 5801* 115______5577, 5808 113______5801 32 CFR Public land orders: 160____—______5545 561— ______5791 17______5921 167____,______55Í8 590— ______— 5711 19______5420 172___ _—______5610, 5757, 5967 591— ______5711 172______5741 175—______X____ ,5801 592— ______— 5711 293______- 6000 184 ______5801 596— ______"5711 712— —___ 6001" 185 ______:____ '5801 597— ______5711 1017______-x 6001 187______5802 598— ______5711 1045)______5418 Proposed rules: 605— ______5711 1086______— 5418 201—380____ 5422 606- . ____ ;______5711 1199______6001 226_...... ¿______— 5973 6001 805— ______5879 1345______*— 47 CFR 822— ______;______5737 1748______5905 836_. ______f___ _ 5568 1885 _____ 5371 5757 2— ______5611 862- ______5756 1886 __ 5371 3— ______5834 875_. ______5333 1887— :______5418 9— ______5575 ______5837 1001. l ______— 5671 1888______5418 10- 1002. .______j ______5883 1889 _____ 5419 11. ______5637 1003____ 5890 1890 _____ 5419 12. ______5840 1452 _____ ’______5490, 5831 1891 _____- 5420 13- ______5721 1453 ______— ------5490 1892 _____ 5420 31. ______L______5842 1457______5831 1893 ____ 5575 33. ______——— 5842 1459____ —___ — _ ¿______5832 - 1894— ______5575 34. ______5842 1466— ______*____ 5832 1895 _____ 5638 35. .___ I.* _____ 5842 1896 _ 5638 Proposed rules: 33 CFR - 1897 ______M 5721 3 ______5849-5851 60______■;------— 5605‘1898______5741 7 7 ______5346 62______I—; ------____------.5605 1899 _ 5794 8 ______— _____ 5346 64______%------_____-______------3 :3 5607 1900 _____ 5794 10—_____ 5660 66______— __ ------______------56071901 _____ 5795 11 _ «____ _ 5660 68______£—-_____ 5607 1902 _____ 5795 16—1l i l i l í —7—III______5660 70______5608 1903 _____ 5795 72______—______5608 1904 _____ 5796 49 CFR 74______5608 1905 _____ 5796 31— r -