FEDERAL REGISTER

VOLUME 22 ' V / . '9 3 4 NUMBER 39

Washington, Wednesday, February 27, 1957

TITLE 3— THE PRESIDENT DONE at the City of Washington this , CONTENTS twenty-ffrst day of February in the year PROCLAMATION 3170 of our Lord nineteen hundred THE PRESIDENT [ seal] and fifty-seven, and of the In­ Pan American D ay and P an American dependence of the United States Executive Order Pa^e W eek, 1957 of America the one hundred and eighty- Further Providing for the Opera­ BY THE PRESIDENT OF THE UNITED STATES first. tions Coordinating Board_____ 1111 OF AMERICA D wight D. Eisenhower Proclamation A PROCLAMATION By the President: Pan American Day and Pan Amer­ ican Week, 1957______1111 WHEREAS on April 14, 1890, the J ohn F oster D ulles, American Republics founded a bureau Secretary of State. EXECUTIVE AGENCIES for inter-American cooperation which [F. R. Doc. 57-1525; Filed. Feb. 25, 1957; now, as the Pan American Union, is an 4:41 p. m.] Agricultural Marketing Service organ and the general secretariat of the Proposed rule making: Organization of American States; and Milk; in marketing areas: WHEREAS the twenty-one Republics New York metropolitan and of the Western Hemisphere wiil cele­ EXECUTIVE ORDER 10700 northern New Jersey_____ 1128 brate April 14, 1957, the sixty-seventh Washington, D. C______1116 anniversary of that historic action, as F urther P roviding for the Operations Watermelons grown in Florida, Pan American Day, at the end of a week Coordinating B oard Georgia, and South Caro­ of commemorative ceremonies; and By virtue of the authority vested in me lina______I__1128 WHEREAS the American Republics by the Constitution and statutes, and as Agriculture Department continue to work together harmoniously President of the Únited States, it is here­ See Agricultural Marketing Serv­ in furtherance of their mutual objective by ordered as follows: ice. of making the Organization of American Alaska Game Commission States an increasingly effective instru­ S ection 1. (a) In order to assist in the ment of Hemispheric solidarity; and effective coordination among certain Regulations concerning employ­ WHEREAS they also continue stead­ agencies of certain functions relating to ment of guides revoked (see fast in their common determination to the national security and to provide for Fish and Wildlife Service)* maintain their freedom and safeguard the integrated implementation of na­ Civil Aeronautics Administra­ their peace through active participation tional security policies by the said agen­ tion in this Organization, which embodies our cies, there is hereby established within Rules and regulations: inter-American system of cooperation: the structure of the National Security Restricted areas; Pinecastle, NOW, THEREFORE, I, DWIGHT D. Council the Operations Coordinating Board, hereinafter referred to as the Fla., area; alteration______1115 EISENHOWER, President of the United Civil Aeronautics Board States of America, do hereby proclaim Board, which shall report to the National Security Council. Notices: Sunday, April 14, 1957, as Pan American Hearings, etc.: Day, and the period from April 8 to (b) The Board shall have as members April 14, 1957, as Pan American Week; the following: (1) the Under Secretary * Free baggage allowances and of State, who shall represent the Secre­ excess baggage charges----- 1155 and I invite the Governors of the States, Kerkorian, Kirk, and Los An­ Territories, and possessions of the United tary of State, (2) the Deputy Secretary of Defense, who shall représent the geles Air Service, Inc_____ 1155 States of America and the Governor of Rules And regulations: the Commonwealth of Puerto Rico to Secretary of Defense, (3) the Director of Central Intelligence, (4) the Director of Air traffic rules: issue similar proclamations. Communication in high den­ ' * also urge all our citizens and all in­ the United States Information Agency, (5) tlie Director of the International sity air traffic zones______1114 terested organizations to join in appro­ Cooperation Administration, and (6) one Pilot vigilance and restric­ priate observance of Pan American Day or more representatives of the President tions on flight testing____ 1114 and Pan American Week, in testimony to be designated by the President. The Pilot and instructor certificates; of the steadfast friendship which unites Board shall have a chairman and a vice extension of mandatory com­ the people of the United States with the chairman, each of whom shall be desig­ pliance date_;____ 1______1114 Poople of the other American Republics. nated by the President from among its Commerce Department IN WITNESS WHEREOF, I have members. Each head of agency referred See also Civil Aeronautics Admin- hereunto set my hand and caused the to in items 1 to 5, inclusive, in this sub­ istration ; Federal Maritime- Seal of the United States of America to section may provide for an alternate Board ; Foreign C o m m e r c e ho affixed. (Continued on p. 1113) Bureau. 1111 1112 THE PRESIDENT

CONTENTS— Continued CONTENTS— Continued Federal Communications Com- Pase Land Management Bureau— Pas° FEDERALÄBEGISTER mission Continued V , ■»» JP Proposed rule making: N otices—Continued Citizens Radio Service; exten­ Florida; filing of plat of survey Published daily, except Sundays, Mondays, sion of time for filing com­ and order providing for open­ and days following official Federal holidays, ments______1152 by the Federal Register Division, National ing of public lan d ..______,_1152 Archives and Records Service, General Serv­ Federal Housing Administration Illinois; filing of plat of survey ices Administration, pursuant to the au­ Rules and regulations: and order providing for open­ thority contained in the Federal Register Act, ing of public lands______1153 approved July 26, 1935 (49 Stat. 500, as Multifamily housing insurance; • amended; 44 U. S. C., ch. 8B), under regula­ eligibility requirements of Securities and Exchange Com­ tions prescribed by the Administrative Com­ mortgage covering multifam­ mission mittee of the Federal Register, approved by ily housing______..._____ 1115 the President. Distribution is made only by Notices: the Superintendent of Documents, Govern­ Federal Maritime Board Hearings, etc.: ment Printing Office, Washington 25, D. C. Notices: American Natural Gas Co. The F ederal R egister will be furnished by Agreements filed with the Board and Michigan Consolidated mail to subscribers, free of postage, for $1.50 for approval: Gas Co______* 1162 per month or $15.00 per year, payable in City of Oakland, Calif., and advance. The charge for individual copies General Public Utilities Corp. 1163 (minimum 15 cents) varies in proportion to Encinal Terminals.:______1154 Operator Consolidated Mines the size of the issue. Remit check or money Michels, J. R., Jr., and Loretz Co______is__ 1162 order, made payable to the Superintendent & C o.______. . . 1154 Standard Shares, Inc______1164 of Documents, directly to the Government States Marine Lines_____ 1154 Printing Office, Washington 25, D. C. Proposed rule making: CODIFICATION GUIDE The regulatory material appearing herein Filing of freight rates in foreign is keyed to the Code of F ederal R egulations, import commerce of United A numerical list of the parts of the Code which is published, under 50 titles, pursuant States; oral argument______1133 of Federal Regulations affected by documents to section 11 of the Federal Register Act, as published in this issue. Proposed rules, as amended August 5, 1953. The Code of F ed­ Federal Power Commission opposed to final actions, are identified as eral R egulations is sold by the Superin­ such. tendent of Documents. Prices of books and Notices: pocket supplements vary. Southwest Gas Producing Co., Title 3 * pag« There are no restrictions on the re­ Inc., et al.; proceedings con­ publication of material appearing in the solidated for purposes of hear­ Chapter I (Proclamations): F ederal R egister, or the Code of F ederal ing and fixing date of hearing. 1155 3170______,______1111 R egulations. Chapter n (Executive orders): Federal Reserve System 10483 (superseded by EO 10700) _ 1111 Rules and regulations: 10610 (amended by EO 10700) —' 1111 CFR SUPPLEMENTS Classification of Reserve cities. 1113 10700—______. . . 1111 (As of January 1, 1957) Fish and Wildlife Service Title 7 Rules and regulations : Chapter IX: The following Supplements are now Regulations concerning em­ Part 902 (proposed)_... ____ 1116 available: ployment of guides revoked_1116 Part927 (proposed).______1128 Title 17 ($0.60) Foreign Commerce Bureau Part 990 (proposed)______1128 Part 1021 (proposed)______1128 Title 26, Parts 170-182 ($0.35) Notices : Spaeth, Karl-Hèinz and Ralux Title 12 Previously announced: Title 3, 1956 Gesellschaft Fuer Elektro­ Chapter II: Supp. ($0.40); Title 7, Parts 900-959 technik, MBH; export priv­ Part 204...... 1113 ($0.50); Title 18 ($0.50); Title 21 ($0.50); ileges denied______1153 Title 26, Parts 1-79 ($0.35), Parts 8 0 - Title 14 Housing and Home Finance 169 ($0.50), Parts 183-299 ($0.30). Chapter I: Agency Part 20._____ 1114 Order from Superintendent of Documents, See Federal Housing Administra­ Government Printing Office, Washington tion. Part 60 (2 documents)_____ .— 1U4 25, D. C. Chapter II: Indian Affairs Bureau Part 608______1115 Notices: Title 24 CONTENTS— Continued Bureau employees; granting of permission in administrative Chapter II: Part 232.______— 1115 Commerce Department— Con. Pas® or judicial proceedings_____ 1152 Notices: Interior Department Title 46 Report of appointment and See Fish and Wildlife Service ; In­ Chapter II: statement of financial inter­ Part 235 (proposed)______1133 ests; Kenneth C. Alien.,___ 1154 dian Affairs Bureau; Land Management Bureau. Statement of changes in finan­ Title 47 cial interests: Interstate Commerce Commis­ Chapter I :. Denney, Courtlandt P______1155 sion Macauley, Irving P______1154 Part 19 (proposed) ---- — 115* Notices: Plant, Marvin S______1155 Title 49 Reid, James F., Sr______1155 Motor carrier applications____ 1155 Proposed rule making : Chapter I: . Defense Mobilization Office Transportation of explosives Part 72 (proposed)______- Notices: and other dangerous articles; Part 73 (proposed)...______- 11“* California Transport Corp. and miscellaneous amendments_1134 Part 74 (proposed)______- ll"j! Frontier Refining Co.; addi­ Part 77 (proposed)___ j------1*“^ tion to list of companies ac­ Land Management Bureau Part 78 (proposed)______H4U cepting request to participate Notices: under voluntary agreement Alaska; proposed withdrawal Title 50 relating to foreign petroleum and reservation of lands (3 Chapter II: _ supply (2 documents)_____ «. 1162 docum ents)______1152,1153 Part 161—...... 1110 Wednesday, February 27, 1957 FEDERAL REGISTER '1113 member who shall serve as a member of security objectives and to the particular S ec. 4. As used herein, the w o r d the Board in lieu of the regular member climate of opinion the United States is ‘'agency” may be construed to mean any representing the agency concerned when­ seeking to achieve in the world, and (2) instrumentality of the executive branch ever such regular member is, for reasons initiate new proposals for action within of thè Government, including any execu­ beyond his control, unable to attend any the framework of national security tive department. meeting of the Board. policies in response to opportunity, and Sec. 5. Nothing in this order shall be (c) The head of any agency (other changes in the situation. The Board construed either to confer upon the than any agency represented under shall perform such other advisory func­ Board any function with respect to in­ section 1 (b) hereof) to which the Presi­ tions as the President may assign to it ternal security or to abrogate or restrict dent from time to time assigns re­ and shall from time to time make re­ ports to the National Security Council in any manner any function vested by sponsibilities for the implementation of law in, or assigned pursuant to law to,1 national security policies shall assign a with respect to the carrying out of this any agency or head of agency (includ­ representative to serve on the Board order. » ing the Office of Defense Mobilization when the Board is dealing with subjects Sec. 3. Subject to the provisions of and the Director of the Officè of Defense bearing directly upon the responsibilities section 101 (c) of the National Security Mobilization). of such head. Each such representative Act of 1947, as amended (50 U. S. C. 402 shall be an Under Secretary or corre­ (c)>: Sec. 6. This order supersedes Execu­ sponding official. Each such head may (a) (1) The Board shall have, within tive. Order No. 10483 of September 2, provide for an alternate representative the staff of the National Security Coun­ 1953, and provisions amendatory thereof of his agency who shall attend any meet­ cil, such staff as may be necessary to contained in other Executive orders (in­ ing of the Board, requiring representa­ assist the Board in the performance of cluding, to the extent that it relates to tion of such agency, in lieu of the repre­ its functions, (2) the said staff of the the Operations Coordinating Board pro­ sentative when the latter is, for reasons Board shall be headed by an Executive vided for in Executive Order No. 10483, beyond his control, unable to attend. Officer of the Board, and (3) employees the proviso of section 303 (b) of Execu­ (d) Any alternate member of the of agencies may, consonant with law, be tive Order No. 10610 of May 9, 1955). Board serving under section 1 (b) of this detailed to the aforesaid Staff of the Subject to the provisions of this order order, and any representative or alter­ Board. nate representative serving under sec­ (including the limitations imposed by (b) Members of the staff of the Oper­ section 3 hereof), the Board may be tion 1 (c) of this order, shall, while so ations Coordinating Board provided for serving, have in all respects the same in Executive Order No. 10483, as amend­ deemed to be a continuation of the Oper­ status on the Board as the members of ed, who are immediately prior to the ations Coordinating Board provided for the Board provided for in section 1 (b) taking effect of this order receiving com­ in Executive Order No. 10483, as hereof. pensation directly out of funds available amended. Sec. 2. The President haying ap­ to the said Board shall be transferred to Sec. 7. The foregoing provisions of proved any national security policy after the staff of the Board referred to in this order shall become effective on July receiving the advice of the National Se­ paragraph (a) of this section as of the curity Council thereon, the Board shall effective date of this order. The said 1, 1957, except that if funds appropri­ (1) whenever the President shall here­ transfers shall be accomplished in con­ ated for the National Security Council after so direct, advise with the agencies sonance with applicable law, including shall not have become available on that concerned as to (a) their detailed oper­ the last proviso of section 12 of the Vet­ date for thè support of the Board in ational planning responsibilities respect­ erans Preference Act of 1944, as amend­ consonance with this order, the said ing such policy, (b) the coordination of ed (5 U. S. C. 861). provisions shall become effective on such the interdepartmental aspects of the de­ (c) Appropriate arrangements may be later date as funds so appropriated be­ tailed operational plans developed by made for the detail to the staff of the come so available. Board referred to in paragraph (a) of the agencies to carry out such policy, this section of employees of agencies who Dwight D. Eisenhower (c) the timely and coordinated execu­ are immediately prior to the taking ef­ T he White House, . ,. tion of such policy and plans, and (d) fect of the provisions of this order de­ the execution of each security action or tailed to the staff of the Operations February 25, 1957. project so that it shall make its full con­ Coordinating Board, provided for in Ex­ [P. R. Doc. 57-1526; Filed, Feb. 25, 1957; tribution to the attainment of national ecutive Order No. 10483, as amended. 4:41 p. m.]

RULES AND REGULATIONS

TITLE 12— BANKS AND (a) The City of Washington, D. C., § 204.51 based upon official call reports and every city except New York and of condition in the two-year period end­ BANKING Chicago in which there is situated a ing June 30, 1956, but a written request Chapter II— Federal Reserve System Federal Reserve Bank or a branch of a for the continuance of each such city Federal Reserve Bank are hereby con­ as a reserve city was received by the Subchapter A— Board of Governors of the tinued as reserve cities. Federal Reserve Bank of the district in Federal Reserve System (b) The following cities fall within the which the city is located on or before [Reg. D] scope of paragraph (b) (2) of § 204.51 February 15, 1957, from every member based upon official call reports of condi­ bank having its head office or a branch Part 204—Reserves op Member Banks tion in the two-year period ending on in such city (exclusive of any member CLASSIFICATION OP RESERVE CITIES June 30,1956, and, therefore, such cities, bank in an outlying district in such city in addition to the reserve cities classified permitted by the Board to maintain re­ 1- Effective March 1, 1957, § 204.52 is as such under paragraph (a) of this duced reserves), together with a certi­ ten d ed to read as follows: »section, are hereby continued as reserve fied copy of a resolution of the board of cities: directors of such member bank duly au­ § 204.52 Classification o f- reserve 0 Cities. Acting in accordance with Milwaukee, Wisconsin; Fort Worth, Texas; thorizing such request; and, accordingly, 1 204.51, and pursuant to authority con­ Indianapolis, Indiana; St. Paul, Minnesota;. in accordance with paragraph (b) (3) ferred upon it by section 11 (e) of the National City (National Stock Yards), Illi­ of § 204.51, the following cities, in addi­ Federal Reserve Act and other provisions nois; Tulsa, Oklahoma; Des Moines, Iowa; tion to the reserve cities classified as of that act, the Board of Governors has and Columbus, Ohio. such under paragraphs (a) and (b) of taken the following actions to become (c) The following cities do not fall this section, are hereby continued as effective March 1, 1957: within the scope of paragraph (b) (2) of reserve cities: 1114 RULES AND REGULATIONS

Wichita, Kansas; Kansas City, Kansas; the F ederal R egister to become effective Since this amendment is of a clarify­ Toledo, Ohio; Topeka, Kansas;' and Pueblo, by March 1, 1957. ing nature and does not impose any Colorado. In view of the foregoing, the Board is additional burden # on any person, the (d) The following cities do not fall postponing the mandatory compliance Board finds that notice and public pro­ within the scope of paragraph (b) (2) of date of revised Part 20 to September 1, cedure hereon are unnecessary, and the § 204.51 based upon official call reports 1957. amendment may be made effective with of condition in the two-year period end­ Since this amendment extends the less than 30 days’ notice. ing June 30, 1956, and written requests date for compliance and imposes no ad­ In consideration of the foregoing, the for their continuance as reserve cities ditional burden on any person, notice Civil Aeronautics Board hereby amends were not received from all member banks and public procedure hereon are unnec­ Part 60 of the Civil Air Regulations (14 in such cities,* and, accordingly, the essary, and the amendment may be made CFR Part 60, as amended) effective designation of such cities as reserve cities effective immediately. March 15, 1957. is hereby terminated: In consideration of the foregoing, the By amending § 60.18 (f) (2) to read Cedar Rapids, Iowa, and Sioux City, Iowa. Civil Aeronautics Board hereby amends as follows: (e) The Board has deferred, pending Part 20 of the Civil Air Regulations (14 § 60.18. Operation^ on* and in the further consideration and for a period CFR Part 20, as amended) effective vicinity of an airport. * * * not exceeding three months from February 19, 1957. (f ) High density air traffic zone. * * * March 1, 1957, the question whether the By amending § 20.2 by deleting the (2) Communication requirements. No city of Miami, Florida, will be designated words “March 1, 1957“ and inserting in person shall take off or land an aircraft as a reserve city in accordance with lieu thereof the words “September 1, at or enter the traffic pattern of a desig­ § 204.51. 1957.“, nated high density airport unless radio 2. The notice and public procedure (Sec. 205, 52 Stat. 984; 49 U. S. C. 425. In­ communication with the appropriate air terprets or applies secs. 601, 602, 52 Stat. traffic control facility has been estab­ described in sections 4 (a) and 4 (b) of 1007, 1008; 49 U. S. C. 551, 552) the Administrative Procedure Act and lished: Provided, That an aircraft not the prior publication described in section By the Civil Aeronautics Board. equipped with functioning two-way 4 (c) of such act are impracticable, un­ radio may take off or land at or enter the [seal] M. C. Mulligan, traffic pattern of such designated airport necessary and contrary to the public in­ Secretary. terest in connection with this action for if prior authorization from the appropri­ the reasons and good cause- found as [F. R. Doc. 57-1474; Filed, Feb. 26, 1957; ate airport traffic control tower has been stated in § 262.2 (e) of the Board’s rules 8:56 a. m.] given. of procedure (Part 262), and especially (Sec. 205, 52 Stat. 984; 49 TJ. S. C. 425. In­ because such notice, procedure and prior terprets or applies sec. 601, 52 Stat. 1007, as publication would serve no useful amended; 49 U. S. C. 551) purpose. [Civil Air Regs., Arndt. 60-3] Effective: March 15, 1957. (Sec. 11 (i), 38 Stat. 262; 12 U. S. C. 248 (i). P art 60—Air T raffic Rules Adopted: February 20, 1957. Interprets or applies secs. 11, 19, 38 Stat. 261, 270, as amended; 12 U. S. C. 248 (c), (e), 461, COMMUNICATION RULES IN HIGH DENSITY By the Civil Aeronautics Board. 462, 462a-l, 462b, 464, 465) AIR TRAFFIC ZONES [seal] M. C. Mulligan, Board of Governors of the Adopted by the Civil Aeronautics Secretary. F ederal R eserve System, Board at its office in Washington, D. C., on the 20th day of February 1957. [F. R. Doc. 57-1475; Filed, Feb. 26, 1957; [seal] S. R. Carpenter, 8:56 a. m.] Secretary. On February 6, 1957, the Civil Aero­ nautics Board adopted Amendment 60-2 [F. R. Doc. 57-1479; Filed, Feb. 26, 1957; which amended § 60.18 of Part 60 of the 8:57 a. m.] Civil Air Regulations so as to delegate to the Administrator authority to per­ [Civil Air Regs., Amdt. 60-4] mit him to designate “high density air P art 60—Air T raffic Rules TITLE 14— CIVIL AVIATION traffic zones” within which speed limit and communication rules would become PILOT VIGILANCE AND RESTRICTIONS Chapter I— Civil Aeronautics Board applicable. ON FLIGHT TESTING [ Civil Air Regs., Arndt, 20-2] With respect to the two-way radio Adopted by the Civil Aeronautics communication requirement, the Board Board at its office in Washington, D. C.f P art 20—P ilot and Instructor found it advisable to require communi­ on the 20th day of February 1957. Certificates cation from aircraft engaged in VFR Part 60 of the Civil Air Regulations extension of mandatory compliance flight only when the pilot intended to sets forth the air traffic rules which are DATE take off or land at or fly within the traffic applicable to all aircraft. These rules pattern of a designated airport within contain provisions prohibiting both civil Adopted by the Civil Aeronautics the high density zone. This intent is and military aircraft from being flown Board at its office in Washington, D. C., clearly outlined in the preamble of in any unusual maneuvers over con­ on the 19th day of February 1957. Amendment 60-2. gested areas or on civil airways and pre­ On August 23, 1956, the Civil Aero­ It was also the Board’s intent to pro­ scribe certain minimum altitudes for the nautics Board adopted a revision of Part vide an exception to this rule for aircraft protection of persons or property on the 20 of the Civil Air Regulations which not equipped with two-way radio so that ground. On February 5, 1957, the Board contains major changes in the require­ they could operate to and from such a adopted Civil Air Regulations Amend­ ments for the issuance of student, pri­ designated high density airport if prior ment 60-1 which added specific provi­ vate, and commercial pilot certificates, authorization from the airport traffic sions dealing with flight testing of air­ and for aircraft, instrument,' and in­ control tower had been obtained. It craft. Section 60.24 of this amendment structor ratings. Section 20.2 provides appears, however, that the language of prohibited the flight testing of aircraft for optional compliance with revised the provision in § 60.18 (f) (2) may be unless such flight test is conducted (1) Part 20 until March 1, 1957. At the time construed to require communication over open water or sparsely populated of the adoption of the revised part, it from aircraft operating at airports areas having light air traffic and ap­ was considered that the March 1, 1957, within the zone other than those desig-* proved by the Administrator, or (2) mandatory compliance date would pro­ nated as high density airports. within a flight test area designated by vide sufficient time to enable implemen­ In order to eliminate ambiguity and the Administrator. This section also tation. However, it has become appar­ make the proviso consistent with the provided that all flight tests are to be ent that unforeseen difficulties in communication rule and the Board’s conducted in accordance with traffic preparing the necessary implementing intent, it is considered appropriate to rules which the Administrator may from procedures and instructions make it ex­ substitute language which clearly re­ time to time prescribe. Amendment tremely doubtful that such materials will lates the proviso to a designated high 60-1 was to become effective February be available in time for publication in density airport within the zone. 20,1957. Wednesday, February 27, 1957 FEDERAL REGISTER 1115

Within the past few days the Board In view of the foregoing, it appears Airspace Panel and is adopted to become has received complaints from represent­ necessary to amend Part 60 further to effective when indicated in order to pro­ atives of aircraft manufacturers con­ provide that approval by the Adminis­ mote safety of the flying public. Since cerning certain provisions contained in trator of flight test areas shall not be a military function of the United States Amendment 60-1. In particular, certain required before April 15, 1957. However, is involved, compliance with the notice, manufacturers have complained that no the prohibition against the conduct of procedure and effective date provisions flight test areas within which flight tests flight tests except over open water or of section 4 of the Administrative Pro­ may be conducted in accordance with sparsely populated areas having light air cedure Act is not required. the provision of § 60.24 have been traffic shall continue in effect after Feb­ Part 608 is amended as follows: approved or designated by the Admin­ ruary 20, 1957. This amendment will In § 608.18, the Pinecastle, Florida, istrator in the Los Angeles area and, provide the Administrator additional area (R-165 and R-340 formerly D-165 accordingly, all flight test activity would time to effect the necessary coordination and D-340, respectively), published on be halted in this area on the effective with aircraft operators and other gov­ November 6, 1954 in 19 F. R. 7225 is date of this rule. Accordingly, the man­ ernmental agencies. In this connection, amended by changing the “Controlling ufacturers recommend the amendment it is emphasized that this regulation re­ Agency” column to read: “Commander, of Part 60 to eliminate the requirement quires the Administrator to approve Fleet Air, Jacksonville, Florida”. that flight test areas be approved by the areas for both civil and military test (Sec. 205, 52 Stat. 984, as amended; 49 U. S. C. Administrator. Other recommendations flights. Because of the complexity and 425. Interprets or applies sec. 601, 52 Stat. have also been made to clarify the pro­ the importance of this problem, the sin­ 1007, as amended; 49 U. S. C. 551) ' cere and effective collaboration on the visions of Amendment 60-1. In view of This amendment shall-become effec­ the fact that the largest and most active part of all interests, civil and military, is tive on March 14,1957. aircraft manufacturing establishments urgently required. are located in the Los Angeles area, the The Board has requested the comment [seal] J ames T. Pyle, absence of approved or designated flight of interested -persons with respect to the Administrator of Civil Aeronautics. test areas assumes a significance of tre­ substance of Amendment 60-1 on or be­ [F. R. Doc. 57-1443; Filed, Feb. 26, 1957; mendous proportions. No useful pur­ fore March 22, 1957. At that time the 8:45 a. m.] pose would be served by delineating Board will consider all, suggestions which herein all of the arguments which have have been received for the modification been presented to the Board concerning of the flight test rules of Part 60. With TITLE 24— HOUSING AND the difficulties experienced in the estab­ the exception of the requirement for the lishment of flight test areas. It suffices approval or designation of flight test HOUSING CREDIT to state that coordination between users areas, it does not appear that matters Chapter II — Federal Housing Ad­ of the airspace involved in the Los of clarification which have been brought ministration, Housing and Home to our attention are so urgent as to re­ Angeles area has proved to be especially Finance Agency difficult. quire disposition at this time. Although the Board, at the time it For the reasons stated above, the Board Subchapter D— Multifamily and Group Housing adopted Amendment 60-1, was concerned finds that notice and public procedure Insurance with the burden which would fall uponr hereon are impracticable and contrary Part 232—Multifamily Housing I nsur­ the Administrator in requiring flight test to the public interest, and that good ance; Eligibility Requirements of cause exists for making this amendment areas to be approved or designated by Mortgage Covering Multifamily effective immediately. him, the Administrator assured the Housing Board that the implementation of the In consideration of the foregoing, the program envisioned in this amendment Civil Aeronautics Board hereby amends REQUIRED SUPERVISION OF PRIVATE was within the capabilities of the Civil Part 60 of the Civil Air Regulations (14 MORTGAGORS Aeronautics Administration. He con­ CFR Part 60, as amended) effective Feb­ In § 232.19, paragraph (g) is amended tinues to hold this view. ruary 20,1957, as follows: to read as follows: The need for. complete coordination in Section 60.24 shairbe effective on and the interest of safety of the many con­ after February 20,1957, except that por­ § 232.19 Required supervision of pri­ flicting requirements for the use of air­ tion of this section which reads “and vate mortgagors. * * * space is apparent. In view of the approved by the Administrator” shall (g) Mortgagor’s equity investment. Administrator’s responsibilities with re­ be effective on April 15,1957. Unless it can be established to the satis­ spect to the designation of airspace for (Sec. 205, 52 Stat. 984; 49 U. S. C. 425. Inter­ faction of the Commissioner, prior to the special purposes, and in view of the prets or applies sec. 601, 52 Stat. 1007, as final endorsement of the mortgage for Administrator’s assurances with respect amended, sec. 4, 60 Stat. 238; 49 U. S. C. insurance, that the mortgagor has an in­ to the capabilities of the Civil Aero­ 551, 5 U. S. C. 1003) vestment in the project, represented by cash expenditures, in an amount equal to nautics Administration to effect such Effective: February 20, 1957. coordination, the Board determined that 3 percent of the total cost of the project a requirement for approval or designa­ Adopted: February 20, 1957. as certified by the mortgagor and ap­ tion of test areas was justified. Informa­ By the Civil Aeronautics Board. proved by the Commissioner, there shall tion received to date indicates that the be deposited in a special fund ah amount exercise of this authority by the [seal] M. C. Mulligan, equal to the difference between such 3 Administrator in an area such as Secretary. percent and the amount of any such in­ bos Angeles is fraught with com­ [F. R. Doc. 57-1476; Filed, Feb. 26, 1957; vestment for necessary expenses incident plexity and controversy of a magnitude 8:56 a. m.] to the completion of the project. Dis­ which might not have been fully appre­ bursements from any stich fund, prior to ciated. Clearly, so far as the Los Angeles three years from the date of the final or area is concerned, additional time is re­ initial-final endorsement of the mort­ quired to resolve conflicts in airspace gage for insurance, may be made only Chapter II— Civil Aeronautics Admin­ with the prior written approval of the requirements of the many users of air­ istration, Department of Commerce space in their several high priority Commissioner. operations. The information available [Amdt. 186] (Sec. 211, 52 Stat. 23; 12 U. S. C. 1715b. In­ to the Board at this time, however, is not terprets or applies sec. 207, 52 Stat. 16, as Part 608—R estricted Areas amended; 12 U. S. C. 1713) ' sufficient to permit us to conclude that ttie supervisory role of the Administrator PINECASTLE, FLORIDA, AREA ,* ALTERATION Issued at Washington, D. C., February 18,1957. ui this matter should not be continued. The restricted area alteration appear­ The Board is advised, for instance, that ing hereinafter has been coordinated Norman P. Mason, approval or designation of flight test with the civil operators involved, the Federal Housing Commissioner. areas has been carried out effectively in Army, the Navy and the Air Force, [F. R. Doc. 57-1453; Filed, Feb. 26, 1957; aU other areas of the country. through the Air Coordinating Committee, 8:49 a. m.] 1116 RULES AND REGULATIONS

TITLE 50— WILDLIFE diately upon publication of this docu­ on Route 123 to Road 636; thence from ment in the F ederal R egister. this point in a straight line southwesterly Chapter II— Alaska Game (Sec. 10, 43 Stat. 744, as amended;. 48 from the junction of Road 636 and Route Commission U. S'. C. 199) 123 to the junction of Roads 641 and 642 in Prince William County; thence P art 161—Guides Issued at Juneau, Alaska, and dated southeasterly along Road 642 to Road February 19, 1957. 640; thence northeasterly along Road REVOCATION OF PART T he Alaska Game 640 to Road 639; thence easterly along Basis and purpose. It having been Commission, Road 639 to Route 123; thence south­ determined by the Alaska Game Com­ [seal] F orbes L. B aker, easterly along Route 123 to Route 1; mission that the provisions of Part 161, Chairman. thence cross Route 1 and continue Clarence J. R hodes, southeasterly along Road 637 to Dawson Title 50, Code of Federal Regulations, Executive Officer. Beach; thence in a straight line due east governing the employment of hunting H arry O. B rown, to the Potomac River; thence up said guides by nonresidents and aliens and Member. river to its junction with the western prescribing qualifications for guide li­ Andrew A. S imons, boundary of the Fairfax County line, censes, no longer effectually serve the Member. the point of beginning. purposes for which they were adopted, R alph Hall, : (c) “Month” means a calendar month. and cannot be made fully effective within Member. (d) “Delivery period” means the cur­ the limitations of applicable law, the [P. R. Doc. 57-1470; Piled, Feb.' 26, 1957; rent marketing period from the first to said Part 161 is revoked, effective imme- 8:55 a. m,] the last day of each month, both in­ clusive. (e) “Producer plant test” means the weighted average butterfat test of all producer milk, received at a pool milk plant during a delivery period, as deter­ PROPOSED RULE MAKING mined by the market administrator. (f) “H e a 11 h Department permit” means a permit issued by the applicable DEPARTMENT OF AGRICULTURE by the proposals and any modifications health department for the farm milk thereof. production or plant disposition of milk Agricultural Marketing Service Proposal No. 1 : The following market­ or fluid consumption within the market­ ing agreement and order has been pro­ [ 7 CFR Part 902 ] ing area. posed by Maryland and Virginia Milk (g) “Weighted a v e r a g e premium” [Docket No. AO-293] Producers Association, Inc.: means the result obtained by dividing the H andling of M ilk in W ashington, D. C., DEFINITIONS total pounds of producer milk delivered M arketing Area at a handler’s plant into the total money S ection 1. Ùeneral. (a) “Act” means for premiums which has been arrived at NOTICE OF HEARING ON PROPOSED MARKETING Public Act No. 10, 73d Congress, as by multiplying each individual producer’s AGREEMENT AND ORDER amended and reenacted and amended by total deliveries by the applicable premi­ the Agricultural Agreement Act of 1937, Pursuant to the provisions of the Agri­ um rate pursuant to section 55. as amended (7 U. S. C. 601 et seq.). (h) “Finished product test” means the cultural Marketing Agreement Act of (b) “Metropolitan Washington Mar­ 1937, as amended (7 U. S. C. 601 et seq.), average of not less than sixteen separate keting Area” also referred to as the “mar­ butterfat tests taken by the market ad­ and the applicable rules of practice and keting area,” means the territory of the procedure governing the formulation of ministrator of each milk product proc­ District of Columbia and the counties essed and/or handled by a handler and marketing agreements and marketing of Maryland south of a line beginning at orders (7 CFR Part 900), notice is hereby any such additional tests as may be ac­ the point of entry of the Monocacy River ceptable to the market administrator or given of the opening of public hearing to into the Potomac River and the Mont­ be held in the cameo Room, second floor his designated agent in each delivery gomery County line follow the Montgom­ period. of Presidential Arms, 1320 G Street, NW., ery County line northeastward and Washington, D. C., beginning at 10:00 thence southeastward along the Patuxent Sec. 2. Persons, (a) “Person” means a. m., e. s. t., on April 8,1957. The public River to the northwestern limits Of the any individual, partnership, corporation, hearing is for the purpose of receiving town of Laurel, follow the western and association, or any other business unit. evidence with respect to economic and southern limits of the town of Laurel (b) “Secretary” means the Secretary marketing conditions which relate to the again to the Patuxent River, follow the off Agriculture of the United States or any handling of milk in the Washington, Patuxent River southward to Route 214; officer or employee of the United States D. C., marketing area and to the issuance from this point follow Route 214 to who is, or who may hereafter be, author­ of a marketing agreement and order Davidsonville; turn right at Davidson- ized to exercise the powers and perform regulating the handling of milk in such ville on Route 424 and follow to Route the duties of the Secretary of Agriculture. marketing area. 2 ; from this point follow a line directly (c) “Market Administrator” means The hearing on the proposed market­ eastward to the Chsapeake Bay. The the agency which is described in section ing agreement and proposed order is to counties in whole or in part south of this 10. , determine whether, (1) the handling of line are Montgomery,« Prince Georges, (d) “Dairy former” means any person milk in the area proposed to be regulated Anne Arundel, Charles, Calvert and St. who delivers milk of his own production is in the current of interstate or foreign Marys in Maryland. In addition to these to a plant. commerce, (2) the issuance of a market­ countiéS the following area in Virginia (e) “Producer” means any dairy ing agreement or order regulating the shall constitute a part of the area: Be­ farmer, irrespective of whether such handling of milk in the area is justified, ginning at the junction of the westerly dairy farmer is also a handler, who pro­ and (3) the provisions specified in the boundary of the Fairfax County Line and duces milk under an individual health proposals or some other provisions, the Potomac River; thence southwesterly department permit issued by the appli" appropriate to the terms of the Agricul­ along the said county line to its junc­ cable health department in the area as tural Marketing Agreement Act, will best tion with Route 50; thence southeasterly a result of a farm inspection, whose milk tend to effecuate the declared policy of on Route 50 to its junction with Road is moved directly from his farm to a the Agricultural Marketing Agreement pool plant either in individual cans, or Act of 1937, as amended. The proposals 656; thence southerly on Road 656 to its by “bulk tank” pick-up provided each set forth below have not received the ap­ junction with Route 29; thence from such “pick-up” can be individually iden­ proval of the Secretary of Agriculture this point in a straight line southeasterly tified. The term shall also include a and at the hearing- evidence will be re­ to the junction of Roads 655 and 620; dairy farmer with respect to his oper­ ceived relative to all aspects of the mar­ thence easterly on Road 620 to its junc­ ation of a farm from which milk is keting conditions which are dealt with tion with Route 123; thence southerly ordinarily delivered to a handler’s pool Wednesday, February 27, 1957 FEDERAL REGISTER 1117 plant, but whose milk is diverted to constituted milk;* and 50 percent of the execute and deliver to the Secretary a another plant for the account of a quantity, by weight of “half and half.” bond conditioned upon the faithful per­ handler. (b) "Cream” means that portion of formance of his duties, in an amount and (f) “Handler” means any person who, milk, containing not less than 18 percent with sureties thereon satisfactory to the in a given month, operates a pool plant, of butterfat, which rises to the surface of Secretary ; or engages in the handling of milk or mjlk on standing, or is separated from (b) Employ and fix the compensation other fluid milk products which are re­ it by centrifugal force. The term also of such persons as may be necessary to ceived at any plants from which fluid includes sour cream; frozen cream; milk enable him to exercise his powers and milk products are disposed of directly and cream mixtures containing 18 per­ perform his duties ; or indirectly in the marketing area. cent or more of butterfat; and 50 per­ (c) Obtain a bond in a reasonable (g) “Pool-handler” means any han­ cent of the quantity, by weight, of “half amount and with reasonable surety dler who receives milk from producers, and half.” thereon covering each employee who including his own production, at a pool (c) “Half and half” means any fluid handles funds entrusted to the market plant; except as provided in paragraph milk product, except concentrated milk, administrator; (i) of this section. the butterfat content of which has been (d) Pay, out of the funds provided by (h) “Buyer-handler” means any han­ adjusted to at least 10 percent but less section 60, thé cost of his bond, his own dler who operates a bottling or process­ than 18 percent. compensation, and all other expenses ing plant from which Class I or Class II (d) “Skim milk” means that fluid milk necessarily incurred in the maintenance milk is disposed of in the marketing area product of milk which remains after the and functioning of his office ; _ or who distributes Class I or Class H removal of cream, and which contains (e) Keep such books and records as milk in the marketing area, and whose less than 1 percent of butterfat. will clearly reflect the transactiqns pro­ entire supply of fluid milk products is (e) “Fluid milk products” means milk, vided for in this order and upon request received from other handlers. flavored milk, cream, skim milk, flavored by the Secretary, surrender the same to (i) “Producer-handler” means any skim milk, cultured skim milk, butter­ such other person as the Secretary may person who is both a handler and a dairy milk, and concentrated milk, either indi­ designate; , farmer, who receives no milk from other vidually or collectively. (f) Publicly disclose to handlers and dairy farmers, and distributes not more (f) “Pool milk” means milk, including producers, unless otherwise directed by than 3,000 gallons as Class I or Class II milk products derived therefrom, which the Secretary, the name of any person milk within the marketing area in any a handler has received as milk from pro­ who, within fifteen days after the date calendar month. ducers. upon which he is required to perform (j) “Association of producers” means (g) “Outside milk” means: such acts, has not made reports pursuant any cooperative marketing association ' (1) All milk received from dairy to section 35 or made payments pursuant which the Secretary determines to be farmers who are not producers; to section 55 ; qualified pursuant to the act of Congress (2) All fluid milk products, received (g) Prepare and disseminate for the of February 18,1922, known as the “Cap- at a regulated plant from an unregulated benefit of producers, consumers, and per-Volstead Act,” and to be engaged in plant, up to the total quantity of non- handlers, statistics and information con­ making collective sales or marketing of pool milk received at an unregulated cerning the operation of this part; milk or its products for the producers plant; (h) On or before the 12th day after thereof.. (3) All fluid milk products, after sub­ each delivery period, report to each co­ tracting receipts of the same form of operative association, which so requests, Sec. 3. Plants, (a) “Plant” means the fluid milk products from regulated the percentage of producer milk delivered land, buildings, surroundings, facilities plants, which are disposed of to con­ by members of such association which and equipment, whether owned or oper­ sumers in the marketing area from an was used in each class by each handler ated by one or more persons, constituting unregulated plant, without its inter­ receiving such milk. . For the purpose of a single operating unit Or establishment mediate movement to another* plant. this report the milk so received shall for the receiving, handling, or processing (h) “Concentrated milk” means the be prorated to eaçh class in accordance of milk or milk products. concentrated, unsterilized milk product, with the total utilization of producer (b) “City plant” means any plant resembling plain condensed milk, which milk by such handler. which is located within five miles of the is disposed of to consumers for human (i) Check the weight and butterfat marketing, area. consumption in fluid form. test of milk received from producers by (c) “Country plant” mean any plant each handler each month and report the which is located beyond five miles of the MARKET ADMINISTRATOR results to producers or to their cooper­ marketing area. Sec. 10. Designation of Market Ad- ative association which makes payment (d) “Pool plant” means any plant ministrator. The agency for the admin­ for milk direct to its members. The mar­ which in a given month meets the re­ istration of this part shall be a market ket administrator may designate an in­ quirements set forth in, Section 30 for administrator who shall be a person se­ dependent agency to check the weight being considered a pool plant; lected by the Secretary, who shall be and butterfat test of such receipts by (e) “Regulated plant” means any pool entitled to such compensation as may be handlers, plant, or any plant operated by a handler determined by, and shall be subject to re­ CLASSIFICATION in his capacity as a buyer-handler or moval at the discretion of, the Secretary. producer-handler; and any city plant Sec. 15. Milk to be classified. All milk operated by an association of producers. Sec. 11. Powers of Market Adminis­ and milk products receivecj by each han- (f) “Receiving plant” means any trator. The Market Administrator shall • dler shall be classified as Class I milk, Plant which is currently used for receiv­ have the "following powers with respect Class II milk, or Class III milk. Subject ing, weighing or measuring, sampling, to this part: to sections 16 and 17, the classes of‘utili­ and cooling milk received there directly (a) To administer its terms and pro­ zation shall be as follows : in cans from dairy farmers, and for visions; (a) Class I milk. All fluid milk prod­ washing and sterilizing such cans; or (b) To make rules and regulations to ucts which are disposed of for human which is currently used for receiving milk effectuate its terms and provisions; consumption as milk, flavored milk, directly from dairy farmers by tank (c) To receive, investigate, and report skim milk, flavored skim milk, cultured truck; and at which are currently main­ to the Secretary complaints of violations skim milk, buttermilk, all milk used to tained weight sheets or other records of of its terms and provisions; and produce concentrated milk and all milk the individual farmers’ deliveries. (d) To recommend to the Secretary not accounted for in Class II and Class amendments to it. III; and any plant loss pursuant to sec­ (i Sec. 4. Milk and milk products, (a) tion 25; and plus or minus any inventory ‘Milk” means the commodity received Sec. 12. Duties of Market Administra­ from a dairy farmer at a plant as cow's tor. The Market Administrator, in addi­ change as the case may be. milk. The term also includes milk so tion to the duties described in other (b) Class II milk. All fluid milk prod­ received which later has its butterfat sections of this part, shall:, ucts which are used in the manufacture content adjusted to at least 1 percent but (a) Within 45 days following the dateof, or disposed of in, bread or bakery less than 18 percent; frozen milk; re- upon which he enters upon his duties, products at a bona fide bakery plant, 1118 PROPOSED RULE MAKING cdttage cheese, pot or baker’s cheese, s (3) Milk received in excess of Class amounts, and divide by the producer eggnog, cream for fluid consumption and I and Class II utilization shall be plant test, aerated whips; and any plant loss pur­ assigned to Class III milk. (2) Add to this amount any amount suant to section 25. (b) Outside milk. Outside milk shallby which the total product pounds of (c) Class III milk. All fluid milk prod­first be Assigned to Class III milk and milk, skim milk, and cream disposed of ucts used or disposed of as ice cream then in sequence to Class II milk and in Class III products exceeds the amount and similar frozen dairy products and to Class I milk. computed pursuant to subparagraph (1) mixes, butter, roller or spray non-fat dry Sec. 25. Computation of milk in each of this paragraph, milk solids, condensed milk, condensed class. For each delivery period the mar­ (3) Add any amount computed pur­ skim milk, or cheese other than cottage,- ket administrator shall correct for math­ suant to paragraph (e) of this section, pot or baker’s cheese and any plant loss ematical errors the report submitted by (4) Subtract any amount by which pursuant to section' 25. each handler and compute from the cor­ that amount when added to the amount S ec. 16. Transfers. Fluid milk prod­ rected report the amount- of Class I of Class I milk determined pursuant to ucts moved to another plant from a milk, Class II milk and Class i n milk as paragraph (b) of this section and pool plant shall be classified as follows; follows: Class II milk determined pursuant to (a) If moved to another,, regulated (a) Determine the total pounds of paragraph (c) of this section exceeds plant, they shall be classified as Class I milk to be accounted for by adding into, the; total pounds of milk received com­ milk up to the total quantity of fluid one sum the total pounds of milk received puted pursuant to paragraph (a) of this milk products utilized as Class I milk from producers and the handlers own section. at the plant to which they were moved. farm production and the total pounds of (e) Determine the total pounds of Any excess shall be assigned to the next milk and milk products received as out­ plant loss or plant gain as follows: available lower class. side milk, the total pounds of milk- or (1) Add together the pounds of butter­ (b) If moved to an unregulated pliant, milk products received from other pool fat contained in Class I, Class II, and they shall be classified as Class I milk up plants and any plant gain determined Class III milk, to the total quantity of fluid milk prod­ pursuant to paragraph (e) of this section. (2) Subtract the total pounds of ucts utilized as Class I milk at such (b) Determine the total pounds of butterfat'thus computed from the total plant, and any excess shall be assigned Class I milk as follows: pounds of butterfat received, to the next available lower class, unless * (1) Convert to pounds each of thé (3) Should the result computed pur­ the following conditions are met: products classified as Class I pursuant to suant to subparagraph (2) of this para­ (1> The transferring handler claims section 15 (a), graph determine that subparagraph (1) (Class n or) Class' i n utilization in a (2) Multiply the weight of the prod­ of this paragraph be greater than the product specified in section 15; ucts computed each by its average fin­ total pounds of butterfat received, divide (2) The association of producers re­ ished product butterfat test computed this excess by the plant test and add the sponsible for marketing the milk which pursuant to Section 1, add together the resulting amount to producer receipts is so transferred has authorized the resulting amounts and divide by the determined pursuant to paragraph (a) lower classification' by notice given to producer plant test. of this section and add the excess butter­ the market administrator and to the (3) Add to the resulting amount any fat determined in subparagraph (2) of transferring handler at least 24 hours amount by which the sum of the quan­ this paragraph to the total butterfat after such transfer; tities computed pursuant to subpara­ receipts as determined in paragraph (a) (3) The operator of the unregulated graph (1) of this paragraph exceeds the of this section, plant keeps adequate books and records amount computed pursuant to subpara­ (4) Should the result computed pur­ showing the utilization of all fluid milk graph (2) of this paragraph, suant to subparagraph (2) of this para­ products received at such plant and the > (4) Add to this amount any amount graph determine that (1) of this section market administrator is permitted to computed pursuant to paragraph (e) of be less than the total pounds of butterfat examine such books and records for the this section, received, divide the difference in butter­ purpose of verification; and (5) Add to this amount any milk notfat pounds by the producer plant test (4) The Class I milk, as defined pur­ accounted for in paragraphs (c) and (d) and add to each class as determined in suant to section 15 in such unregulated of this section. paragraphs (b), (c) and (d) of this sec­ plant does not exceed the receipts of (c) Determine the total pounds of tion the percentage of this difference in milk during the month from dairy Class II milk as follows: a ratio that each class of milk is to the farmers, who the market administrator (1) Convert to pounds each of the total of all classes. determines, constitute the regular source products classified as Class II pursuant Sec. 30. Determination of pool plant of supply for such plant: Provided, That to section 15 (b) and multiply the results status. Each receiving plant which is any Class I milk in excess of receipts obtained each by its average finished approved by the applicable health de­ from such dairy farmers shall be assigned product butterfat test, and together the partment in the area for the sale of milk to the milk so transferred or diverted. resulting amounts, and divide by the as fluid milk, in the marketing area shall Sec. 17. Responsibility of handlers and producer plant test, be a pool plant during each month in re-classification of milk, (a) In estab­ (2) Add to the resulting amount any which 4t meets the following require­ lishing the classification of any milk re­ amount by which the total product ments: ceived by a handler from producers, the pounds of cream disposed of for con­ (a) Each city receiving plant shall be burden rests upon the handler who re­ sumption as fluid cream and the pounds a pool plant in each month in which at ceives the milk from producers or who of cream and skim milk disposed of in least 10 percent of its total receipts of causes the milk to be transferred to an cottage, pot or baker's cheese exceeds fluid milk products is disposed of as unregulated plant, to account for the the amount computed pursuant to sub- Class I milk in the marketing area, or milk and to prove that such milk should paragraph (1) of this paragraph, in which it is operated by an association not be classified as Class I milk. (3) Add any amount computed pur­ of producers. suant to paragraph (e) of this section, (b) Each country receiving plant (b) Any milk or milk products shall (4) Subtract any amount by which shall be a pool plant in any month in be re-classified if verification by the mar­ that amount when added to the amount which more than 50 percent of its total ket administrator discloses that the of Class I milk determined pursuant to receipts of fluid milk products is dis­ original classification was incorrect. paragraph (b) of this section exceeds posed of as Class I milk in the market­ Sec. 20. Assignment of receipts to the total pounds of milk received com­ ing area. classes—(a) PooTr milk. (1) Milk re­ puted pursuant to paragraph (a) of this (c) Any country plant which is a pool ceived either directly from producers or section.' plant continuously in each of the months (d) Determine the total pounds of of October through March shall be a from another pool plant shall first be Class III milk as follows : pool plant continuously for the follow­ assigned to Class I milk. (I) Multiply the weight of each of theing months of April through September, (2) Milk received in excess of suchproducts of Class III milk by its average regardless of the quantity then disposed Class I utilization shall be assigned to butterfat test computed pursuant to sec- of in the marketing area, if the handler’s Class n milk. tipn 1, add together the resulting written request for pool plant status for Wednesday y February 27,1957 FEDERAL REGISTER 1119

such six months’ period is received by (2) The net amount of such handler’sproducts received from all sources other the market administrator before April payments to. such producer with the than the association, 1 of that year. Changes in the identity prices, deductions, and charges involved. (iv) The plant loss or plant gain at of the handler operating the plant shall Except that handlers who make pay­ each plant, not affect the application of this ments direct to a cooperative association (v) If the handler so elects he may paragraph. may submit a copy of their settlement submit a copy of his report to the market (d) Each of a handler’s plants which with the association in lieu *of the above. administrator as specified in paragraph is a non-pool receiving plant during any (e) Maintenance of records. Each (a) of this section. of the months of October through March handler shall maintain detailed and (i) Bulk tank records and reporting. shall not be a pool plant in any of the summary records showing all receipts, If milk is purchased by a handler from following months of April through Sep­ movement, and disposition of milk and a cooperative association by bulk tank tember in which it is operated by the milk products during the month, and the rather than on an ifWividual producer same handler, an affiliate of the handler, quantities of milk and milk products on basis, the following procedure shall be or any person who controls or is con­ hand ai the end of thè month. followed: trolled by the handler, unless its oper­ (f) Verification of reports. For the (1) Each individual bulk tanker shall ation during October through March was purpose o f, ascertaining the accuracy of be identified and weighed on an approved in the handler’s capacity as a producer- any report made to the market adminis­ scale and the official record of the weight handler. trator as required by this section or for retained for audit by the market ad­ (e) Each plant which is operated as the purpose of obtaining the informa­ ministrator. - the plant of a producer-handler shall be tion required in any such report where (2) A butterfat sample of each indi­ a non-pool plant in any month in which it has been requested and has not been vidual bulk tanker shall be taken in a it is so operated. furnished, each handler shall permit the manner satisfactory to the market ad­ market administrator or his agent, dur­ ministrator and a part of that sample Seo. 35. Reports of handlers— (a) Re­ ing the usual horns of business, to: shall be retained three days for check ports of pool handlers. On or before the • (1) Verify the information contained tests by the market administrator. Any 8th day after the end of each month each in reports submitted in accordance with differences or disputes with respect to pool handler shall, with , respect to the this section, butterfat tests shall be referred to the fluid milk products received by the han­ (2) Weight, sample, and test milk.and market administrator, whose decision dler during the month, report to the milk products, will be final. market administrator in the detail and (3) ’Make such examination of records, (3) The handler will collect from each form prescribed by the market adminis­ operations, equipment, and facilities as bulk tank driver individual farm tank trator, as follows: the market administrator deems neces­ tickets, showing the name of the pro­ (1) The receipts of milk at each pool sary for* the purpose specified in this ducer, the date of pick-up, the measure­ plant from producers, including the paragraph. ment of milk in the tank and any other quantity, if any, of his own production, (g) Retention of records. All books information pertinent and required in (2) The receipts of fluid milk prod­ and records required under this part to order to record properly the amount of ucts at each plant from any other be made available to the market adminis­ milk shipped by each individual producer handler, trator shall be retained by the handler whose milk is collected in the bulk tank. (3) The receipts of outside milk at for a period of not less than 3 years to (4) The handler shall make this in­ each plant, begin at the end of the calendar month formation available to the cooperative (4) The respective quantities which to which such books and records pertain. association in order that proper account­ were sold, distributed, or used, including Any handler shall notify the market ad­ ing can be made to individual shippers on sales to other handlers, classified pur­ ministrator at least 30 days in advance the bulk tanker. The market adminis­ suant to section 15. of his intention to destroy any such rec­ trator shall set up such rules and pro­ (b) Reports of non-pool handlers. ords after the three-year period has cedures as he deems necessary to account Each non-pool handler shall file with the expired. properly for this method of handling market administrator reports relating to (h) Reports to cooperative associa­ milk from producéis and his decision his receipts and utilization of fluid milk tions of producers. (1) Within 5 days shall be final. products. The reports shall be made at after the end of each delivery period, the time and in the manner prescribed S ec. 45. Determination of class prices. each handler purchasing milk from a co­ Each handler shall pay not less than the by the market administrator, except that operative association of producers, for any handler who receives outside milk following basic prices per hundredweight which such cooperative association col­ of 3.5 percent milk, subject to adjust­ during any month shall file the report on lects payment, shall report at each plant, or before the 8th day after the end of ments pursuant to provisions of section on individual forms acceptable to the co­ 55 for milk received from producers and that month. operative association, for each producer (c) Reports regarding individual pro­ association of producers at a pool plant. of the cooperative association as follows: (a) Basic Class I price. The basic ducers. Within 20 days after a producer (i) The name, address and code num­ moves from one farm to another, or Class I price shall be determined as ber, if any, follows: starts or resumes deliveries to any of a (ii) The individual daily receipts in handler’s pool plants, the handler shall (1) Using the Wholesale Commodity file with the market administrator a re­ pounds, Price Index as reported by the Bureau of port stating the producer’s name and (iii) The average butterfat test, Labor Statistics (1947-1949=100) deter­ post office address, the health depart­ (iv) The farm and cattle score, mine the moving average for the six (v) The total pounds of the individual available months prior to the.month for ment permit number, the date on which 'producers in each butterfat test and in the change took place, and the farm and the delivery period the price is appli­ each farm and cattle score classification. cable. plant locations involved, except where (2) Within 8 days after the end of each such producer is a member of a coopera­ (2) Upon determination of this index delivery period, each handler purchasing the following price schedule shall be used tive association. In that instance the milk from a cooperative association of handler shall only report to the market to determine the applicable basic Class producers, for which such cooperative I price: administrator the name of the producer association collects payment, shall report the name of the cooperative asso- The "basic Class I ' ciation. on forms acceptable to such cooperative When the index is within: price shall be association: 132-146______$6. 91 (d) Reports of payments to producers. 117-131...... - ...... 6. 51 Each pool handler shall submit to the (i) The utilization and finished prod­ 101-116__ i____ ;------6.11 Market administrator, within 20 days uct butterfat tests of all producer milk 86-100______5. 71 after the end of the month, his producer received from the association, 72-85______5. 31 Payroll for such month, which shall show (ii) The receipts, utilization and but­ 55-71______—______4. 91 each producer; terfat tests of all milk and milk products If the index is less than 71 or more The daily and total pounds of received from other handlers, than 146 the basic Class I price shall be hulk delivered with the average butter- , (iii) The receipts, utilization and but­ determined by extending the table at the fat test and premium rate, terfat tests of all other milk and milk indicated rate of extension. . No. 39----- 2 1120 PROPOSED RULE MAKING

(3) In the event the index would indi­ Class III (5) Add the total value of location ad­ cate the movement from a higher bracket Quotation per pound: skim value justments determined pursuant to para­ $0.126 to $0.135__ !______$0.22% to a lower bracket during any of the $0.136 to $0.145______.30 graphed) of section 45; months of July through December the $0.146 to $0.155______.37% (6) Divide by the total q u a lity of price that prevailed in, June shall be in $0.158 to $0.165______;______.45 pool milk for which a value is determined' effect, or should the index indicate a $0.166 to $0.175______L___ .52% pursuant to subparagraph Cl) of this higher price for any of the months of $0.176 to $0l85______. 60 paragraph; and January through June the price that $0.186 to $0.195______i 67% (7) Subtract not less than 2 cents nor prevailed in December shall be in effect. (d) Location adjustment to handlers.more than 4 cents for the purpose of re­ (4) This method of determination of For milk which is received from pro­ taining a cash balance in connection with the basic Class I price shall be effective ducers at a country plant and classified the payments set forth in section 55. for a period of Krlndnths from the date as Class I and/or Class II milk the price This result, which is the minimum price this order becomes effective. shall be the price effective pursuant to for milk containing 3.5 percent butter­ (b) Basic Class II price. The basicsection 45 (a) and (b) less the^differr fat received from producers at city price for Class II milk shall be the sum ential set forth in paragraph (e) of plants, shall be known as the uniform of the respective values of butterfat and section 55. price. skim milk calculated as follows: (c) Seasonal adjustment fund. The (1) Butterfat. Add all weekly quota­ S ec. 50. Determination and announce- market administrator shall establish and tions (using the midpoint of any weekly ment of uniform prices—(a) Computa­ maintain a separate fund known as the range as one quotation) per 40-quart tion of net value of milk used by each seasonal adjustment fund into which he can of 40 percent sweet cream approved pool handler. For each month, the mar­ shall deposit all payments made by han­ for Pennsylvania and New Jersey in the ket administrator shall compute in the dlers pursuant to (1) of this paragraph Philadelphia, Pennsylvania, market, ‘ as following manner, the net value of-milk and out of which he shall make all pay­ reported each week ending within the which is sold, distributed, or used by ments pursuant to (2) of this paragraph; month by the United States Department each pool handler: Provided, That payments due any han­ of Agriculture,' divide by the number of (1) From the handler’s total quantity dler shall be offset by payments due from quotations, subtract $1.00, divide by 33.48, of milk classified pursuant to section 15, such handler. multiply by 3.5. subtract all receipts from other pool (1) Payments to the fund:' On or be­ (2) Skim milk. The weighted average handlers; fore the 15th day after the end of each selling price, wholesale, at manufactur­ (2) Multiply the remaining quantities delivery period for April and May, each ers’ plants, of all spray and roller dried of milk in each class by.the prices ap­ handler shall deduct from the uniform non-fat milk solids for human consump­ plicable pursuant to section 45; price announced by the market adminis­ tion, as published by the United States (3) Add together the resulting value trator for each of the months of April Department of Agriculture for the pre­ of each class; and May and shall pay to the market ad­ vious month, shall be used in determining (4) Subtract the value obtained by ministrator for the account of the sea­ the skim value as follows: multiplying the quantity of outside milk sonal adjustment fund an amount of Class II by the price applicable to paragraph (c) money equal to 45 cents times the hun­ Quotation per pound: , skim value of section 45; dredweight of milk received from pro­ $0.065 or below______(5) Subtract any amount applicable $0.066 to $0.075______l____ *___ $0.07% ducers in each of these months. $0.076 to $0.085______. 15 pursuant to section 55; (2) On o^ before the 12th day after the $0.086 to $0.095______.22% (6) Add the value of premiums pur­ end of the delivery periods of July and $0.096 to $0.105______. 30 suant to section 55 determined by multi­ September, the market administrator $0.106 to $0.115______i 37% plying the weighted average premium by shall compute and announce an indi­ $0.116 to $0.125...... 45 the total of the Class I and Class II milk vidual pay-back month seasonal adjust­ $0.126 to $0.135______.52% pursuant to paragraphs (b) and (c) of ment fund rate by dividing the total $0.136 to $0.145...... 60 section 25; monies paid into the fund by two and $0.146 to $0.155______.67% (7) For the purpose of calculating the $0.156 to $0.165______.75 dividing the two equal amounts by the $0.166 to $0.175______. 82% pool value of milk for each handler, the pounds of producer milk delivered in July $0.176 to $0.185______;____ . 90 market administrator shall convert all and in September which will establish $0.186 to $0.195-.:...... 97% receipts not used in computing the pro­ the pay-back .rate for .each of the two ducer plant test to milk equivalent at months. On or before the 15th day after (c) Class III price. The Class i n the producer plant test. Any average the end of the delivery periods! of July price shall be the sum of the respective or shortage, over or under the actual and September, the market administra­ values Df butterfat and skim milk cal­ product pounds shall be added or sub­ tor shall pay out of the seasonal adjust­ culated as follows: tracted, as the case may be, from the ment fund to each cooperative associa­ (1) Butterfat. Add all weekly quota­ computation of pool value, by multiply­ tion an amount equal to the applicable tions (using the midpoint of any weekly ing the difference by the skim value per rate computed pursuant to this para­ range as one quotation) per 40-quart hundredweight of the class in which ac­ graph times the hundredweight of milk can of 40 percent sweet cream approved tually utilized. , delivered to handlers during the delivery for Pennsylvania and New Jersey, and (b) Computation of the uniform price.period by such association of producers Pennsylvania only, in the Philadelphia, (1) Combine into one total the respec­ who have given authority to such cooper­ Pennsylvania, market, as reported each tive net values of milk, computed pur­ ative’ association to receive payment for, week ending within the month by the suant to paragraph (a) of this section, their milk, and to each handler, an United States Department of Agricul­ and payments required pursuant to sec­ amount equal to the applicable rate com­ ture, divide by the number of quotations, tion 55 for each handler from whom the puted pursuant to this paragraph times subtract $2.00, divide by 33.48, multiply market administrator has received at his the hundredweight of milk received dur­ by 3.5. office, prior to the 10th day after the end ing the delivery period' from producers (2) Skim milk. The weighted average of such month, the reports for such Other than thosg producers for whom a selling price, wholesale,, at manufac­ month and the payments required pur­ cooperative association receives payment. turers’ plants, of all spray and roller suant to section 55 for the preceding dried non-fat milk solids for human month; S ec. 55. Payment for milk—(a) Time consumption, as published by the United (2) Add the amount of unreserved and method of payments. On or before States Department of Agriculture for the cash in the producer settlement fund; the 14th day after the end of each de­ previous month, shall be used in deter­ (3) Subtract the total of all premiums livery period, each handler shall make mining the skim value as follows: computed pursuant to section 55; payment for milk delivered by producers Class III (4) Add or subtract as the case may to such handler, or milk from producers Quotation per pound: skim value for which such handler is responsible $0.105 or below______be, the total value of the butterfat dif­ $0.106 to $0.115..______$0. 07% ferential applicable pursuant .to section pursuant to section 17, during each de­ $0.116 to $0.125______^______. 15 55; livery period as follows: W ednesday, February 27, 1957 FEDERAL REGISTER 1121

(1) To each producer at not less than premium rates set forth in this para­ istrator on or before the 18th day after the uniform price per hundredweight graph for each producer’s deliveries on the end of each delivery period an computed pursuant to section 50 for that that quantity of milk received from each amount equal to 2 cents per hundred­ quantity of milk received from such pro­ producer which represented such, pro­ weight with respect to all milk received ducer, or ducer’s proportionate share of ■ all pro­ by him from all sources except milk re­ (2) To a cooperative association for ducer milk classified as Class I and Class ceived from other handlers, or produced milk which is caused to be delivered to n . The premium rates referred to in by him, during such delivery period, or a handler from producers and for which this paragraph shall be determined from such lesser amount, as may be deter­ such cooperative association collects the following schedule with respect to mined by the market administrator, sub­ payments, a total amount equal to not the cattle scores and farm scores re­ ject to review by the Secreary. less than the sum of the individual pay­ corded for each producer by the respec­ Sec. 61. Marketing services. In mak­ ments otherwise payable to such pro­ tive health departments issuing permits ing payments to producers each handler ducers pursuant to subparagraph (1) of to sell milk to handlers in the marketing shall deduct not less than 3 cents nor this paragraph. area: more than 5 cents per hundredweight, (b) Producer-settlement fund. The with respect to all milk delivered by each market administrator shall establish and With cattle With cattle With cattle producer who is not a member of an Farm score score under score 95 or score 98 or maintain a separate fund known as the 95 ’over, but over association of producers and shall pay producer-settlement fund into which he . under 98 such deductions tor the market-admin­ shall deposit all payments made by han­ istrator on or before the 18th day after dlers pursuant to (1) and (2) of this par­ P e r hun- P e r hun- P e r hun- the end of each delivery period. Such agraph and out of which he shall make dredweight dredweight dredweight Under 80__ . ____ $0.00 $0.00 $0.00 monies shall be expended by the market all payments to handlers pursuant to 80.0-84.9— ...... - ‘ .00 .03 .09 administrator only inv providing for subparagraphs (1) and (2) of this para­ 85.0-89.9...... 02 ,08 .14 market information to, or for verifica­ 90.0-94.9-...... 08 .14 .20 graph. 95.0-97.9,...... - .20 .26 .32 tion of weights, samples, > and tests of (1) Payments to the producer-settle­ Over 97.9-...... - .31 .37 .43 milk delivered by such producers. The ment fund. On or before the 15th day market administrator may contract with after the end of each delivery period, If more than one score has been reported an association of producers for the fur­ each handler shall pay to the market during any month, the simple average of nishing of the whole or any part of such administrator the amount by which the the scores so reported shall (be used. services to, or with respect to the/milk total value of the milk received by him Producers who are subject to health de­ delivered by such producers. pursuant to paragraph (a) of section 50 partment regulations which do not pro­ is greater than the sum of the minimum Sec. 62. Suits by market adminis­ vide for a farm and cattle scoring system trator. The market administrator may payments required to be made to pro­ shall be considered as having a score of ducers pursuant to paragraph (a) of maintain a suit in his own name against 98 for the purpose of applying premiums any handler for the selection of such this section. under the above schedule. (2) Payments out of the producer - handler’s pro rata share of the expense (e) Location adjustments to pro­ of administration of this part. settlement fund. On or before the 17th ducers. In making payments pursuant day after the end of each delivery period, to this section, handlers may deduct 13 Sec. 65. Effective time, suspension, or the market administrator shall pay to cents per hundredweight with respect to termination—(a) Effective Time. The each handler for payment to producers, milk received from . producers . at a provision of this part, or any amend­ the amount, if any, by which the total country plant which has pool plant status ment to this part, shall become effective value of milk received by such handler pursuant to section 30 (b) and is located at such time as the Secretary may de­ pursuant to paragraph (a) of section 50 more than 35 miles from the milestone clare and shall continue in force until ' is less than the sum of minimum pay­ in the District of Columbia and 1V2 suspended or terminated pursuant to ments required to be made pursuant to cents additional for each 10 .miles in paragraph (b) of this section. paragraph (a) of this section. If, at excess of 35 miles from that milestone: (b) Suspension or termination. The such time, the balance in the producer- Provided, That handlers may make such Secretary may suspend or terminate this settlement fund is insufficient to make deduction on milk received at such plant part or any provision of this part when­ all payments required by this paragraph, by transfer of a truck route to such plant ever he finds that this part or any pro­ the market administrator shall reduce from another pool plant during the’ first vision of this part obstructs or does not uniformly such payments and shall com­ four full delivery periods after such tend to effectuate the declared policy of plete such payments as soon as the nec­ transfer, only if such milk was trans­ the act. This part shall, in any event, essary funds are available. ferred from a plant at which a similar terminate whenever the provisions of the (c) Butter fat content of milk received or greater deduction was permitted. If act authorizing it cease to be in effect. irom producers. In making payment to such milk was transferred from a plant . Sec. 66. Continuing potver and duty each producer pursuant to paragraph at which no deduction or a smaller de­ of the market administrator. If, upon (a) of this section, each handler shall duction was permitted, the smaller de­ the suspension or termination of any or add to, or subtract from the price, as duction or no deduction, as the case may all provisions of this part, there are obli­ the case may be, 8 cents per hundred­ be, must be used in computing payments gations arising under this part, the final weight for each one-tenth of one percent until four full delivery periods have accrual or ascertainment of which re­ of butterfat content above or below 3.5 elapsed from the time of transfer. quired further acts by any handler, by ¡percent. The butterfat content of milk (f) Adjustments of errors in pay­ the market administrator, or by any (received from producers shall be deter- ments. Whenever verification by the other person, the power and duty to per­ uuned by taking the average of not less market administrator of reports or pay­ form such further acts shall continue than five separate butterfat tests made ments of xany handler discloses errors notwithstanding such suspension or ter­ from fresh samples during the period made in payments to or from the pro­ mination: Provided, That any such acts beginning on the 25th day of the pre­ ducer settlement fund, the market ad­ required to be performed by the market ceding month and ending on the 24th ministrator shall debit the handlers’ administrator shall, if the Secretary so day of the current month; except as pro­ producer settlement fund account for directs, be performed by such other vided for bulk tank shippers pursuant any unpaid amount. Whenever verifi­ person, persons, or agency as the Secre­ to section 35, where it will be the respon­ cation discloses that payment is due from tary may designate. The market ad­ sibility of the cooperative association to the marekt administrator to any handler, ministrator, or such other person as the establish the butterfat tests of each in­ the market administrator shall credit Secretary may designate, shall: dividual producer involved. The butter­ the handler’s producer settlement fund (a) Continue in such capacity until fat content of outside milk shall be account for any such amount. removed by the Secretary. determined at the plant where it is received. Sec. 60. Expense of administration. (b) From time to time, account for all (d) Premiums to be paid by handlers. As his pro rata share of the expense of receipts and disbursements, and when so & making payments pursuant to this the administration of this part, each directed by the Secretary shall deliver Action, handlers shall pay the applicable handler shall pay to the market admin- all funds on hand, together with the 1122 PROPOSED RULE MAKING books and records of the market ad­ Sec. 5. Metropolitan Washington Mar­ and bulk milk or cream from other ap­ ministrator or such person, to such per­ keting Area. “Metropolitan Washington proved plants, whichever is greater, and son as the Secretary shall direct. Marketing Area”, hereinafter called the also (c) If so dirécted by the Secretary,“Marketing Area”, means the City of (b) During the same delivery period execute such assignments or other in­ Washington, District'of Columbia; and disposes of, as Class I milk, cream for struments necessary or appropriate to the territory geographically included fluid consumption, concentrated milk vest in such person full title to all funds, within the boundary lines of the counties for fluid use, and eggnog in total an property, and claims vested in the mar­ of Arlington, Fairfax, Prince William, amount equal, to not less than the ap­ ket administrator or such persons pur­ Acconack, Northampton, and the City plicable percentage of such receipts as suant theretô. of Alexandria, all in the State of Vir­ follows: Sec. 67. Liquidation after suspension ginia; and the counties of Prince (i) October through March, 50 percent. or termination. Upon suspension or Georges, (except the town of Laurel), (ii) April through September, 40 termination of any or all provisions of Charles, St. Marys, Calvert, Montgom­ percent. this part, the market administrator or ery, Talbot, Dorchester, Wicomico, Wor­ Provided, That In the case of a handler such person as the Secretary shall desig­ cester and Somerset, all in the State of who also operates approved plants of nate, shall, if so directed by the Secre­ Maryland. the type described in paragraph (a) of tary, liquidate the business of the market Sec. 6. Association of producers. “As­ section 8 and of the type described in administrator’s office and disppse of all sociation of producers”' means any co­ paragraph (b) of that section, the com­ funds and property thën in his possession operative marketing association of pro­ bined receipts and distribution of the or under his control, together with claims ducers which the Secretary determines to multiple plant operation will be applied for any funds which are unpaid or owing be qualified pursuant to the provisions of to the qualification standards of this at the time of such suspension or termi­ the act of Congress of February 18, 1922, section for the purpose of determining nation. Any funds collected pursuant to as amended^ known as the “Capper-Vol- pool plant status of each such individual the provisions of this part, over and stead Act”, and to be engaged in mak­ plants. above the amounts necessary to ' meet ing collective sales or marketing of milk Sec. 10, Nonpool plant. “N o n p o o l outstanding obligations and the expenses or its products for the producers thereof. plant” means any milk receiving, manu­ necessarily incurred by the market ad­ facturing, processing or bottling plant Sec. 7. Producer-handler. “Producer- ministrator or such person in liquidating other than a pool plant. and distributing such funds, shall be dis­ handler” means any person who pro­ tributed to the contributing handlers duces and packages milk from his own S ec. 11. Handler. “Handler” means: and producers in an equitable manner. farm production, and distributes all or (a) Any person in his capacity as the a portion of such milk, not in excess of operator of an approved plant; Sec. 68. Miscellaneous—(a) Agents. 25,000 lbs. in any calendar month, with­ (b) A producer-handler; The Secretary may, by designation in in the marketing area, but receives no (c) A cooperative association with re­ writing, name any officer or employee of milk from producers, and receives no spect to milk diverted for its account the United States or name any bureau or milk from other sources than handlers pursuant to section 12. division of the United States Department operating pool plants. of Agriculture to act as his agent or rep­ S ec. 12. Producer. “Producer” means resentative in connection with any of the Sec. 8. Approved plant. “Approved any person except a producer-handler provisions hereof. plaiit” means any milk plant: who produces milk under a dairy farm (b) Liability. The liability of han­ (a) Which receives milk from pro­ inspection permit issued to such person dlers hereunder is several and not joint ducers who produce milk under dairy by an appropriate health authority hav­ and no handler shall be liable for the farm permits issued by an appropriate ing jurisdiction in the marketing area default of any other handler. health authority duly authorized to ad­ which milk is received at a pool plant: (c) Counterparts' of marketing order. minister regulations governing the quali­ Provided, That if such -milk is diverted This marketing order may be executed ty of milk disposed of in the marketing for his account by a handler from a pool in multiple counterparts, and when one area, or from an approved plant as de­ plant to a nonpool plant (a) any day counterpart is signed by the Secretary, fined in paragraph (b) of this section, during the months of April through Sep­ all such counterparts shall' constitute, and which is approved by such appropri­ tember, or (b) on not more than 10 days when taken together, one and the same ate health authority for the processing or during the month in any of the other instrument, as if all such signatures were packaging of milk and from which Class months of the year, the milk so diverted obtained in one original. I milk or cream for fluid consumption, shall be deemed to have been received by concentrated milk for fluid use or eggnog the diverting handler at his pool plant. Proposal No. 2 : The following market­ is disposed of during the month in the ing agreement and order has been pro­ S ec. 13. Producer milk. “Producer posed by Chestnut Farms Division, Na­ marketing area on routes or through milk” means only that skim milk or tional Dairy Products Corporation: plant stores located in the marketing butterfat contained in milk (a) received area, or at a pool plant directly from producers Sec. 1. Act. “Act’-’ means Public Act (b) A plant which receives milk from No. 10, 73d Congress, as amended and re­ or associations of producers, or (b) di­ producers who produce milk under dairy verted from a pool plant to a nonpool enacted and amended by the Agricul­ farm permits issued by an appropriate tural Agreement Act of 1937, as amended plant in accordance with the Conditions health authority duly authorized to ad­ set forth in section 12. (7 U. S. C. 601 et seq.). minister regulations governing the quali­ Sec. 2. Secretary. “Secretary” means ty of milk disposed of in the marketing S ec. 14. Other source milk. “Other the Secretary of Agriculture of the area, which plant is approved by such source milk” means all skim milk and United States, or any officer or employee health authority to furnish milk to an butterfat received in any form from a of the United States authorized to exer­ approved plant defined in paragraph (a) producer-handler and from a source cise the powers and to perform the duties of this section, and from which plant other than producers or pool plants, ex­ of the Secretary of Agriculture. milk or cream is shipped during the cept the receipt of any non-fluid milk month to an approved plant described in products which are not reprocessed or Sec. 3. Department of Agriculture. paragraph (a) of this section. converted to another product in the plant “Department of Agriculture” means the during the month. United States Department of Agriculture Sec. 9. Pool plant. “Pool plant” means or any other Federal agerfty as may be an approved plant which during the cur­ MARKET ADMINISTRATOR authorized by act of Congress or by Ex­ rent or preceding delivery period. Sec. 20. Designation, The agency for ecutive order to perform the jprice re­ (a) Disposes of as Class I milk, creamthe administration of this part shall be porting functions of the United States for. fluid consumption, concentrated milk a m arket administrator, selected by the Department of Agriculture. for fluid use, and eggnog in the market­ Secretary, who shali be entitled to sucn Sec. 4. Person. ‘-¿Person” means any ing area an amount exceeding. 25,000 compensation as may be determined by. individual, partnership, corporation, pounds, or 10 percent of such plant’s and shall be subject to removal at the association or any other business unit. total receipts of milk from dairy farms discretion of, the Secretary. Wednesday, February 27, 1957 FEDERAL REGISTER 1123

Sec. 21. Powers. The market admin­ Class I price, and the Class I butterfat to the market administrator in detail istrator shall have the following powers differential, both for the current month; and on forms prescribed by the market with respect to this part: (2) on or before the 5th day of each administrator: (a) To administer its terms and. pro­ month, the Class n price and the Class (1) On or before the 20th day after visions; i n price and the Class II and Class i n the end of the month for each of his (b) To receive, investigate, and report butterfat differentials, "both for the pre­ pool plants his producer payroll for such to the Secretary complaints of viola­ ceding paonth; and (3) on or before the month which shall show for each pro­ tions; 10th day after the end of each month, ducer: (i) The total pounds of milk (c) To make rules and regulations to the uniform price, and the ^producer received from such producer or coopera­ effectuate its terms and provisions; and butterfat differential for the preceding tive association, (ii) the days in which '(d). To recommend amendments to month. milk was received from such producer, the Secretary. if less than a full month, (iii) the REPORTS, RECORDS AND FACILITIES average butterfat content of such milk, Sec. 22. Duties. The market adminis­ S ec. 30. Reports and receipts of utiliza­ and (iv) the net amount of such han­ trator shall perform all duties necessary dler’s payment to each producer or to administer the terms and provisions tion. On or before the 10th day after the end of each month each handler, except cooperative association, together with of this part, including, but not limited to, the price paid and the amount and the following: a producer-handler, shall report for each of his approved plants for such month nature of any deductions; (a) Within 45 days following the date (2) On or before the first day other on which he enters upon his duties, or to the market administrator in the detail and on forms prescribed by the market source milk is received in the form of such lesser period as may be prescribed milk, fluid skim milk or cream at its by thé Secretary, execute and deliver to administrator: (a) The quantities of skim milk and pool plant, his intention to receive such the Secretary a bond, effective as of the product, and on or before the last day date on which he enters upon his duties butterfat contained in producer milk; (b) The quantities of skim milk and such product is received, his intention and conditioned upon the faithful per­ to discontinue receipt of such products; formance of such duties, in an arqount butterfat contained in fluid milk products received from other pool plants; and with surety thereon satisfactory to the (3) Such other information with re­ Secretary; (c) The quantities of skim milk and butterfat contained in other source milk; spect to his utilization of butterfat and (b) Employ and fix the compensation skim milk necessary and essential to the of such persons as may be necessary to (d) The quantities of skim milk and butterfat contained in producer milk di­ proper functioning of this part, as is enable him to administer its terms and prescribed by the administrator. provisions; ' verted to nonpool plants pursuant to (c) Obtain a bond in a reasonable Section 11; S ec. 32. Records and facilities. Each amount and with reasonable surety (e) Inventories of fluid milk products handler shall keep accurate, records of thereon covering each employee who on hand at the beginning and end of the receipts of utilization of skim milk and handles funds entrusted to the market month; and butterfat and shall, during the usual administrator; (f) The utilization of all skim m ilt and hours of business, make available to the (d) Pay out of the funds provided by butterfat required to be reported pur­ market administrator or his representa­ section 88, (1) the cost of his bond and suant to this section, including a separate tive such records and facilities as will of the bonds of his employees,. (2) his . statement of the disposition of Clast! I enable the market administrator to (a) own compensation and (3) all other ex-/ milk outside the marketing area. verify the receipts and utilization of all penses, except those incurred under sec­ Provided; That any handler may at his skim milk and butterfat and,, in case of tion 87, necessarily incurred by him in option elect to make reports for two ac­ errors or omissions,, ascertain the cor­ the maintenance and functioning of his counting periods within the calendar rect figures; (b) weigh, sample and test office and in the performance of his month, for as many as three such months butterfat content of all milk and milk duties; during a calendar year period, provided products handled; (c) verify payments (e) Keep such books and records as that the shorter of the two such periods to producers; and (d) make such ex­ will clearly reflect the transactions pro­ during any such month shall not be less aminations of operations, equipment, vided for in this part, and, upon request than seven days. With respect to such and facilities, as are necessary and es­ by the Secretary, surrender the same to reports that the handler elects to make sential to th£ proper administration of such other person as the Secretary may for two periods during one calendar this part or any amendments thereto. designate; month, the handler, on or before the S ec. 413. Retention of records. All - (f) Publicly disclose at his discretion tenth day after the end of each part books and records required under this to handlers and producers, unless other­ month accounting period, shall report to part to be made available to the market wise directed by the Secretary the name the market administrator in the detail administrator shall be retained by the of any person who, after the day upon and dn the form prescribed by the mar­ handler for a period of three years to which he is required to perform such ket administrator for each of his ap­ begin at the end of the month to which acts, has not made (1) reports pursuant proved plants for such two part month such books and records pertain: Pro­ to section 30 or (2) payments pursuant periods, as follows: vided, That if within such three-year to section 80 and section 84; (a) The quantities of skim milk and period, the market administrator noti­ (g) Submit his books and records to butterfat contained in producer milk; fies the handler in writing that ^the examination by the Secretary and fur- (b) The quantities of skim milk and retention of such books and records, or fcish such information and reports as butterfat contained in fluid milk prod­ of specified books and records,, is nec­ may be required by the Secretary ; ucts received from other pool plants; essary in connection with a proceeding (h) Prepare and make available for (c) The quantities of skim milk and under section 8 (c) (15) (A) of the act the benefit of producers, consumers, and butterfat contained in other source milk; or a court action specified in such notice, handlers such general statistics and in­ (d) The quantities of skim milk and the handler shall retain such books and formation concerning the operation butterfat contained in producer milk records, or specified books and records, hereof as are necessary and essential to diverted to nonpool plants pursuant to until further written notification from the proper functioning of this part ; section 11; the market administrator. In either (i) Verify all reports and payments by (e) Inventories of fluid milk products case the market administrator shall give each handler by audit, if necessary, of on hand at the end of each such part further written notification to the han­ such handler’s records and the records month accounting period; and dler promptly, upon the termination of of any other handler or person upon (f) The utilization of all skim milk the litigation or when the records are whose utilization the classification of and butterfat required to be reported slum milk and butterfat for such handler no longer necessary in connection there­ depends ; and pursuant to this section, including a with. separate statement of the disposition of CLASSIFICATION W On or before the date specified, Class I milk outside the marketing area. Publicly announce and notify each han- S ec. 40. Skim milk arid "butterfat to tuer in writing of the following: (1) On S ec. 31. Other reports. Each handler, be classified. All skim milk and butter­ 0r before the 5th day of each month, the except a producer-handler, shall report fat which is received within, the month 1124 PROPOSED RULE MAKING

or within each of the two part month S ec. 44. Transfers, (a) Skim milk agreement or order issued pursuant to accounting periods elected, as the case and butterfat when transferred or the act; may be, by a handler and which is re­ diverted by a handler from a pool plant . (3) Subtract from the pounds of skim quired to be reported pursuant to section to* a pool plant of another handler (ex­ milk remaining in Class II and Class III 30 shall be classified by the market ad­ cept a producer-handler) in the form of in series beginning with Class III an ministrator pursuant to the provisions a fluid milk product shall be classified as amount equal to such remainder, or the of section 31 through section 36. Class I milk unless the operators*of both pounds obtained by multiplying by 0.10 plants claim utilization thereof in Class the pounds of skim milk in producer milk Sec. 41. Classes of utilization. Sub­ ject to the conditions set forth in sections II milk or Class HI milk in their reports received by the handler, whichever is 43 through 44, the classes of utilization Submitted pursuant to section 30 but in less; shall be as follows: no event shall the amount so assigned to (4) Subtract from the pounds of skim (a) Class I milk. Class I milk shall Class II and Class III milk exceed the milk remaining in each class, in series be all skim milk' and butterfat disposed total use in such classes, respectively, by beginning with the lowest priced classi­ of for human consumption as milk, fla­ the transferee-handler: And provided; fication, the pounds of skim milk in other vored milk, skim milk, flavored skim That if either or both handlers have re­ source milk received from a plant (s) at milk, cultured skim milk, buttermilk, ceived other source milk, the skim milk which the handling of milk is fully sub­ milk in half and half, and all milk not or butterfat so transferred shall be class­ ject to another marketing agreement or accounted for in Class II and Class III; ified at both plants so as to allocate, the order issued pursuant to the act; in inventory of fluid milk products; and greatest possible Class I milk utilization (5) Add to the pounds of skim milk in shrinkage allocated to Class I pursuant to the producer milk of both handlers. Class II and Class i n milk the pounds to section 42; (b) As Class I milk if transferred to a of skim milk subtracted pursuant to sub- (b) Class II Milk. Class II milk shall producer-handler in the form of a fluid paragraph (3) of this paragraph; be all skim milk and butterfat used to milk product. (6) Subtract from , the remaining produce, or disposed of in, concentrated (c) As Class I milk if diverted or pounds of skim milk contained in in­ milk for fluid use, cottage cheese, pot or transferred in the form of a fluid milk ventory of fluid milk products on hand baker’s cheese, eggnog, cream for fluid product to a nonpool plant except that at the beginning of the accounting consumption and in half and half, sour of a producer-handler, unless (1) the period: Provided, That if the pounds of cream, and aerated whips; and any handler claims Class II or Class III utili­ skim milk in such inventory are greater shrinkage allocated to Class II pursuant zation in his report submitted pursuant than the remaining pounds of skim milk to section 42; to section 30, (2) the operator of such in Class I milk, an amount equal to the (c) Class III milk. Class III milk nonpool plant maintains books and rec­ difference shall be subtracted from the shall be all skim milk and butterfat used ords showing the utilization of all skim pounds of skim milk in Class II and Class to produce or disposed of as ice cream milk and butterfat at such plant which III, in series, beginning with ClasS II and similar frozen dairy products and are made available if requested by the milk;. mixes, butter, roller or spray milk pow­ market administrator for the purpose of (7) Subtract from the rem aining der products, condensed milk, condensed verifffcation, and (3) not less than an pounds of skim milk in each class the skim milk, bread or bakery products at equivalent amount of skim milk and pounds of skim milk received from the a bona fide bakery plant, cheese other butterfat was actually utilized in such pool plants of other handlers in such than cottage, pot or baker’s cheese, live­ plant during the month in the use indi­ classes pursuant to section 44; stock feed, skim milk and butterfat cated in such report: Provided, That if (8) Add to the remaining pounds of dumped after prior nontification to the upon inspection of the records of such skim milk in the specified- class the plant it is found that an equivalent pounds subtracted pursuant to subpara­ market administrator and opportunity amount of skim milk and butterfat was graph (1) of this paragraph; and for verification by the market adminis­ not actually used in such indicated use (9) If the remaining pounds of skim trator; and shrinkage allocated to Class the-remaining pounds shall be classified milk in all classes exceed the pounds of III pursuant to section 42. as Class I milk. skim milk contained in producer milk, ec subtract such excess from the remaining S . 42. Shrinkage. The market ad­ S ec. 45. Computation of skim milk and ministrator shall allocate shrinkage over butterfat in each class. For each month pounds of skim milk in each class in a handler’s receipts as follows: or part month accounting period, as the series beginning with the lowest price (a) Compute the total shrinkage of case may be, the market administrator classification. skim milk and butterfat for each shall correct for mathematical and (b) Butterfat should be allocated in handler; other obvious errors the monthly report accordance with the same procedure out­ (b) Prorate the resulting amounts be­ submitted for the pool plant(s) of each lined for skim milk in paragraph (a) of tween the receipts of skiiq milk and handler pursuant to Section 30 and com­ this section. butterfat contained in producer milk and pute the total pounds of skim milk and (c) Add the pounds of skim milk and other source milk; butterfat, respectively, in Class I milk, the pounds of butterfat allocated to the (c) Classify in Class III milk the skim Class II milk and Class III milk for such producer milk in each class, respectively, milk and butterfat so prorated to other handler. as computed pursuant to paragraphs (a) source milk; and and (b) of* this section, and determine (d) Classify in Class III milk all the S ec. 46. Allocation of skim milk and the percentage of butterfat in each class/ butterfat classified, (a) The pounds of skim milk and butterfat in shrinkage determination of, class prices prorated to producer milk, but not to ex­ skim milk remaining in each class after ceed 2 percent of the receipts of skim making the following computations for Sec. 50. Basic formula price to be used milk and butterfat, respectively, in pro­ the pool plant(s) of each handler for in determining Class I price. The basic ducer milk. Classify 'that quantity of each accounting period shall be the formula price for each delivery period to shrinkage prorated to producer milk, in pounds in such class allocated to pro­ be used in determining the Class I price excess of 2 percent, among the Class I ducer milk received by such handler: shall be the higher of the prices com­ milk, Class II milk and Class III milk (1) Subtract from the total pounds of puted pursuant to paragraphs (a), (b) according to the total quantities of milk skim milk in Class Ii-and Class III milk and (c) of this section, rounded to the and skim milk plassified in such classes. the pounds of skim milk in shrinkage nearest cent. assigned to Class II and Class III, re­ (a) Determine the arithmetic average S ec. 43. Responsibility of handler s spectively, pursuant to section 42 (d ); of the basic or field, prices paid or to be and reclassification of milk. All skim (2) Subtract from the pounds of skim paid per hundredweight of milk of 3.5 milk and butterfat shall be classified as milk remaining in each class, in series percent butterfat content received from Class I milk, unless the handler who first beginning with the! lowest price classifi­ farmers during the delivery period at received such skim milk or butterfat cation, the pounds of skim milk in other the following plants or places for which proves to the market administrator that source milk received from a plant(s) prices have been reported to the m arket such skim milk or butterfat should be other than one at which the handfling of administrator or théT Department of classified as Class n or Class n i. milk is fully subject to another marketing Agriculture: W ednesday, F ebruary 27, 1957 FEDERAL REGISTER 1125

Concern and location (b) Class II milk price. The price perand Class III milk, the class prices shall Borden Co., Mount Pleasant, Mich. hundredweight for Class II milk shall be be reduced 17 cents per hundredweight Carnation Co., Sparta, Mich. the sum of the respective values of skim and for each additional 10 miles in excess Pet Milk Co., Wayland, Mich. milk and butterfat calculated as follows: of 45 miles the prices shall be reduced Pet Milk Co., Coopersville, Mich. (1) Butterfat. Add all weekly quota­ an additional cent. Borden Co., Orfordville, Wis. tions (using the midpoint of any weekly Borden Co., New London, Wis. Sec. 53. Butterfat differential, (a) Carnation Co., Richland Center, Wis. range as one quotation) per 40-quart can The Class I price shall be subject to a Carnation Co., Oconomowoc, Wis. of 40 percent sweet cream approved for butterfat differential of 8 cents for each Pet Milk Co., New Glarus, Wis. Pennsylvania and New Jersey in the one tenth of one percent variation above Pet Milk Co., Belleville, Wis. Philadelphia, Pennsylvania, market, as or below 3.5 percent butterfat. White House Milk Co., Manitowoc, Wis. reported each week ending within the White House Milk Co., West Bend, Wis. (b) The Class II price shall be subject month by the United States Department to a butterfat differential for each one- (b) The price per hundredweight com­ of Agriculture, divide by the number of tenth of one percent variation above or puted by the market administrator by quotations, subtract $1.00, divide by below 3.5 percent butterfat, calculated adding together the plus amounts cal­ 33.48, multiply by 3.5. as follows: Divide the butterfat value culated pursuant to subparagraphs (1) (2) Skim milk. The weighted average determined pursuant to section 51 (b) and (2) of this paragraph; selling price, wholesale, at manufac­ (1) by 35. (1) Multiply by 3.5 the simple average, turers’ plants, of all spray and roller dried (c) The Class III price shall be subject as computed by the market adminis-. non-fat milk solids for human consump­ to a butterfat differential for each one- trator, of the daily wholesale selling tion, as published by the United States tenth of one percent variation above or prices (using the midpoint of any price Department of Agriculture for the pre­ below 3.5 percent butterfat calculated range as one price) of Grade A (92- vious month, shall be used in determining as follows: Divide the butterfat value the skim value as follows: score) bulk creamery butter per pound Class II determined pursuant to section 51 (c) at Chicago, as reported by the United Quotation per pound: skim value (1) by 35. States Department of Agriculture during $0.065 or below______APPLICATION OF PROVISIONS the month for which payment is to be $0.066 to $0.075 ...... * $0. 07% made, and add 20 percent thereof; $0.076 to $0.085 ______. 15 Sec. 60. Producer-handlers. Sections (2) From the simple average as com­ $0.086 to $0.095 __ .22% 40 through 46, 50 through 53, 60 through puted by the market administrator, of $0.096 to $0.105______. 30 62, 70 through 73, 80 through 88 shall the weighted average of carlot prices per $0.106 to $0.115...... 37% not apply to a producer-handler. pound for non-fat dry milk solids, spray $0.116 to $0.125______.45 $0.126 to $0.135______.52% Sec. 61. Handlers operating nonpool and roller process, respectively, for $0.136 to $0.145______. 60 plants. Sections 42 through 46; 50 human consumption f. o. b. manufacture $0.146 to $0.155_____ .67% through 52; 70 through 73; 80 through ing plants in the Chicago area, as pub­ $0.156 to $0.165______. 75 83; 87 through 88 shall'not apply to a lished for the period for the 26th of the $0.166 to $0.175______. 82% immediately preceding month to the 25th $0.176 to $0.185______.90 handler in his capacity as the operator $0.186 to $0.195...... 97% of a non-pool plant, except that such day of the current month by the United handler shall pay to the market admin­ States Department of Agriculture, deduct (c) Class III milk price. The price peristrator on or before the 12th day after 5.5 cents and multiply the result by 8.2. hundredweight for Class III milk shall the end of each month for deposit into (c) The price per hundredweight com­ be the sum of the respective values of the Producer-Settlement Fund: puted as follows: ' skim milk and butterfat calculated as (a) An amount of money computed (1) Multiply by 6 the average whole­ follows: by multiplying the hundredweight of sale price per pound of 92-score butter (1) Butterfat. Add all weekly quota­ Class I milk disposed of from his nonpool at Chicago as reported by the Depart­ tions (using the midpoint of any weekly plant (except any nonpool plant subject ment of Agriculture for the month; range as one quotation) per 40-quart can to the classification and pricing pro­ (2) Add an amount equal to 2.4 times of 40 percent sweet cream approved for visions of another order issued pursuant the average weekly prevailing price per Pennsylvania and New Jersey, and Penn­ to“the act) during the month to retail or pound of “Twins” during the month of sylvania only, in the Philadelphia market, wholesale outlets in the marketing area the Wisconsin Cheese Exchange at Plym­ as reported each week ending within the (including deliveries by vendors or sales outh, Wisconsin: Provided, That if the month by the United States Department through plant stores) by a rate of pay­ price of “Twins” is not quoted on the of Agriculture, divide by the number of ment equal to the difference between Wisconsin Cheese Exchange the weekly quotations, subtract $2.00, divide by 33.48, the Class I price and the Class III price. prevailing price per pound of “Cheddars” multiply by 3.5. shall be used. (b) An amount of money computed (2) Skim milk. The weighted average by multiplying the hundredweight of Sec. 51. Class prices. Subject to the selling price, wholesale, at manufac­ Class U milk disposed of from his non­ Provisions of section 52 the class prices turers’ plants, of all spray and roller pool plant (except any nonpool plant Per hundredweight for the month shall dried non-fat milk solids for human con­ subject to the classification and pricing be as follows: sumption, as published by the United provisions of another order issued pur­ (a) Class I milk price. The price perStates Department of Agriculture for the suant to the act) during the month to previous month, shall be used in de­ retail or wholesale outlets in the market­ hundredweight for Class I milk for the termining the skim value as follows: Pionth shall be the amount set forth be­ ing area (including deliveries by vendors Class III or sales through plant stores) by a rate low for such month opposite the price Quotation per pound: skim value equal to the difference between the Class range within which the basic formula , $0.105 or below______n price and the Class III price. Price for the preceding month falls: $0.106 to $0.115______$0.07% Sec. 62. Plants subject to other orders. Amount $0.116 to $0.125______.15 r, . per $0.126 to $0.135______.22% In the case of any plant from which asic formula price range (dollars hundred- $0.136 to $0.145______.30 the Secretary determines a greater per hundredweight): weight $0.146 to $0.155______.37% volume of Class I milk is disposed of in 2.00 but not more than 2.199______$0.156 to $0.165______.45 another marketing area regulated by an­ 2.20 but not more than 2.399______$0.166 to $0.175______1______.52% other order or a marketing agreement 2.40 but not more than 2.599______$0.176 to $0.185______.60 $0.186 to $0.195______.67% issued pursuant to the act, than in the 2.60 but not more than 2.799______Metropolitan Washington Marketing 2-80 but not more than 2.999______Sec. "52. Location differential to han­ 3.00 but not more than 3.199______Area, the provisions of this subpart shall but not more than 3.399______dlers. With respect to skim milk and not apply except the handler operating 3.40 but not more than 3.599______butterfat contained in milk received such plant shall, with respect to his total o da but not “ ore than 3.799______from producers at a pool plant located receipts of skim milk and butterfat at 3.80 but not more than 3.999____ ;______more than 35 to 45 miles from the mile­ such plant, make reports to the market d for each additional 20 cents or fraction stone in the District of Columbia, which administrator at such time and in such thereof an additional 20 cents. is classified as Class I milk, Class II milk manner as the market administrator 1126 PROPOSED RULE MAKING may require and allow verification of . (g) Subtract not less than 4 cents nor ket administrator any amount by which such reports by the market admin­ more than 5 cents from the amount the net obligation of such handler pur­ istrator. computed pursuant to paragraph (e) of suant to section 70 is greater than an this section. The resulting figure shall amount computed by multiplying the DETERMINATION OF UNIFORM PRICES tO be the uniform price for milk of 3.5 per­ hundredweight of milk received by him PRODUCERS cent butterfat received from producers from producers during the month by the Sec. 70. Net obligation of each han­ at a handler’s pool plant. uniform price adjusted for the producer dler. The net obligation of each han­ p a y m e n t s butterfat and location differentials. dler for milk received during each month Sec. 80. Time and method of payment. Sec. 85. Payments out of the Producer- from producers shall be a sum of money settlement Fund, (a) On or before the computed by the market administrator On or before the 15th day after the end of each month, each handler shall pay 14th day after the end of each month, as follows: the market administrator shall pay to (a) Multiply the quantity of producer to each producer or cooperative associa­ tion from whom he received milk during each handler for payment to producers milk in each class computed pursuant any amount by which the net obliga­ to section 46 by the applicable class the month an amount of money repre­ senting not less than the total value of tion of such handler pursuant to section price; 70 is less than an amount computed by (b) Add t o g e t h e r the resulting such producer milk at the uniform price per hundredweight, subject to the pro­ multiplying the hundredweight of milk amount; received by him from producers during (c) Add the amounts computed by ducer butterfat and location differen­ tials, computed pursuant to section 81 “the month by the uniform price adjusted multiplying the pounds of overage de­ for the producer butterfat and location ducted from each class pursuant to sec­ and section 82, and less deductions au­ thorized by such producer, and less de­ differentials: Provided, That if the bal­ tion 46 by the applicable class prices; ance in the Producer-Settlement Fund is and ductions for marketing services: Provided, That, if by such date the han­ insufficient to make all payments pur­ (d) During any delivery period in suant to this paragraph, the market ad­ which the total receipts from all pro­ dler has not received full payment for such month pursuant to section 85, he ministrator shall reduce uniformly such ducers is more than 110 percent of the payments and shall complete such pay­ total Class I and Class II utilization at may reduce uniformly per hundred­ weight for all producers his payments ments as soon as the necessary funds all pool plants, add an amount com­ are available. puted by multiplying the pounds of skim pursuant to this section by an amount not in excess of the per hundredweight (b) On or before the 14th day after milk and butterfat subtracted from the end of each of the months of July Class I milk pursuant to section 46 (a) reduction in payment from the market administrator; however, the handler and September, the market adminis­ (2), and the corresponding paragraph trator shall pay out of thé Producer- (b) of this section by a rate equal to the shall make such balance of payment to producers to whom it is due on or before Settlement Fund to each producer from difference between the Class I price and whom milk was received by all handlers the Class III price. the date for making payments pursuant to this section next following that on during the month an amount computed Sec. 71. Computation of uniform price. which such balance of payment is re­ as follows: Divide one-half of the aggre­ For each month the market administra­ ceived from the market administrator. gate amount held pursuant to section tor shall compute the uniform price per 71 (c) by the hundredweight of milk re­ hundredweight of milk of 3.5 percent Sec. 81. Producer butterfat differential. ceived from producers by all handlers butterfat content received from pro­ If any handler has received from any during the month and multiplying the ducers as follows: producer, during the month, milk hav­ resulting amount (computed to the near­ (a) Combine into one total the net ing an average butterfat content other est cent per hundredweight ) by the milk obligations computed for all handlers than 3.5 percent, such handler, in mak­ received from such producers during the who made the reports prescribed in sec­ ing payments pursuant to section 80, month : Provided, That the payments tion 30 for the month and who were not shall add to the uniform price for such under this paragraph to any producer in default of payments pursuant to sec­ producer for each one-tenth of one per­ who has given authority to a cooperative tion 84 for the preceding month; cent of average butterfat content in association to receive payment for his (b) Add an amount equivalent to the milk above 3.5 percent not less than, or milk shall be distributed to such coop­ total deductions made pursuant to shall deduct from the uniform price for erative association if the cooperative section 82. such producer for each one-tenth of one association requests receipt of such (c) Subtract, if the average butterfat percent of average butterfat content in payments. content of producer milk included in milk below 3.5 percent not more than Sec. 86. Adjustment of accounts. these computations is greater than 3.5 ___ cents per hundredweight. Whenever verification by the market ad­ percent, or add, if such average butter­ Sec. 82. Location differential to pro­ ministrator of payments by any handler fat content is less than 3.5'percent an discloses errors made in payments to amount computed by multiplying the ducers. In making payments to produc­ amount by which the average butterfat ers pursuant to section 80 a handler shall the Producer-Settlement Fund, the mar­ deduct from the uniform price, with re­ ket administrator shall promptly bill content of such milk varies from 3.5 such handler for any unpaid amount and percent by the butterfat differential spect to all milk physically received from farmsrfrom producers or associations of such handler shall, within 15 days, make computed pursuant to section 81 and payment to the market administrator of multiply the resulting figure by the total producers, at a pool plant located 35 to 45 miles from the milestone in the Dis­ the amount so billed. Whenever such hundredweight of such milk; verification discloses that payment is (d) Subtract for each of the months trict of-Columbia, 17 cents per hundred­ weight, and for such plants within each due from the market administrator, pur­ of April and May an amount computed suant to section 85, the market admin­ by multiplying the total hundredweight additional 10 miles in excess of 45 miles, an additional one cent. istrator shall, within 15 days, make such of producer milk included in these com­ payment to such handler. Whenever putations by 45 cents per hundred­ Sec. 83. Producer-Settlement Fund. verification of the market administrator weight; The market administrator shall estab­ of the payment by a handler to any pro­ (e) Add an amount representing the lish and maintain a separate fund known ducer for milk received by such handler cash balance on hand in the Producer- as the “Producer-Settlement Fund” into discloses payment of less than is re­ Settlement Fund, less the total amount which he shall deposit all payments quired by section 80, the handler shall of contingent obligations to handlers made by handlers pursuant to sections pay any amount -so due not later than pursuant to section 85 (a), and less the 61, 84, and 86, and out of which he shall the time of making payments to pro­ aggregate of the amounts held pursuant make all payments pursuant to sections ducers next following such disclosure. to paragraph (c) of this section for pay­ 85 and 86. ment pursuant to section 85 (b); Sec. 87. Marketing services. Each Sec. 84. Payments to the Producer- handler making payments to producers (f) Divide the resulting total by the Settlement Fund. On or before the 13th pursuant to section 80 shall deduct---- total hundredweight of producer milk day after the end of each month, each cents per hundredweight or such lesser included in these computations; and pool plant handler shall pay to the mar­ amount as the Secretary may prescribe, W ednesday, F ebruary 27, 1957 FEDERAL REGISTER 1127 with respect to all milk received by such (c) Notwithstanding the provisions of termination of any or all provisions of handler from producers, excepting such paragraphs (a) and (b) of this section, this subpart, the market administrator, handler’s own farm production, during a handler's obligation under this sub­ or such person as the Secretary may the month, and shall pay such deduc­ part to pay money shall not be termi­ designate, shall, if so directed by the tions to the market administrator not nated with. respect to any transaction Secretary, liquidate the business of the later than the 15th day after the end of involving fraud or wilful concealment of market administrator’s office and dispose such month. Such moneys shall be used a fact, material to the obligation, on of all funds and property then in his by the market administrator to verify the part of the handler against whom possession or under his control, together weights, samples and tests of milk re­ the obligation is sought to be imposed. with claims for any funds which are ceived by handlers from such producers (d) Any obligation on the part of the unpaid and owing at the time of such during the delivery period, and to pro­ market administrator to pay a handler suspension or 'termination. Any funds vide such producers with market infor­ any money which such handler claims to collected pursuant to the provisions of mation. Such services shall be per­ be due him under the terms of this sub­ this subpart, over and above the amounts formed in whole or in part by the market part shall terminate two years after the necessary to meet outstanding obliga­ administrator or by an employee of the end of the calendar month during which tions and the expanses necessarily in­ United States responsible to him. the milk involved in the claim was re­ curred by the market administrator or ceived if an underpayment is claimed, such person in liquidating and distribut­ Sec. 88. Expense of administration. As his pro rata share of the expense of or two years after the end of the cal­ ing such funds, shall be distributed to the endar month during which the payment contributing handlers and producers in administration of this part, each handler was made by the handler if a refund on an equitable manner. shall pay to the market administrator, such payment is claimed, unless such on or before the 15th day after the end of MISCELLANEOUS PROVISIONS each delivery period,__ _ -cents per hun­ handler, within the applicable period of time, files, pursuant to section 8c (15) Sec. 100. Agents. The Secretary may, dredweight or such lesser amount as the (A) of the act, a petition claiming such by designation in writing, name any Secretary may prescribe, with respect to money. officer or employee of the United States receipts, during the delivery period of all to act as his agent or representative in milk from any source classified as Class EFFECTIVE TIME, SUSPENSION OR connection with any of the provisions of I or Class II milk. TERMINATION this subpart. ec S ec. 90. Effective time. The provi­ S . 89. Termination of obligations. Sec. 101. Separability of provisions. Th§ provisions of this section shall apply sions of this subpart, or any amendment If any provision of this subpart, or its to any obligations under this subpart for to this subpart, shall become effective at application to any person, or circum­ the payment of money irrespective of such time as the Secretary may declare stances, is held invalid, the application when such obligation arose. and shall continue in force until sus­ of such provision and of the remaining (a) The obligation of any handler topended or terminated, pursuant to sec­ tion 91. provisions, of this subpart to other per­ pay money required to be paid under the sons or circumstances shall not be terms of this subpart shall, except as Sec. 91. Suspension or termination. affected thereby. provided in paragraphs (b) and (ç) of Any or all provisions of this subpart, or this section, terminate two years after any amendment to this subpart, shall Proposal No. 3: Proposed by Harvey the last day of the calendar month dur­ •be suspended or terminated as to any Dairy, Inc.: ing which the market administrator re­ or all handlers after such reasonable DEFINITIONS ceives the handler’s utilization report on notice as the Secretary may give, and Metropolitan Washington Marketing the milk involved in such obligation, un­ shall, in any event, terminate whenever less within such two-year period the Area. “Metropolitan Washington Mar­ the provisions of the act authorizing it keting Area” hereinafter called “the market administrator notifies the han­ cease to be in effect. dler in writing that such money is due marketing area,” means the territory of and payable. Service of such notice Sec. 92. Continuing power and duty. the District of Columbia and all or that shall be complete upon mailing to the (a) If upon the suspension or termina­ part of the following counties: Wash­ handler’s last known address, and it tion of any or all provisions of this sub­ ington County, Frederick County, How­ shall contain, but need not be limited to, part, there are any obligations arising ard County, Montgomery County, Prince the following information: under this subpart the final accrual or Georges County, Anne Arundel County, (1) The amount of the obligation; ascertainment of which requires further Calvert County, Charles County, St. (2) The month (s) during which the acts by any handler, by the market ad­ Marys County in Maryland, that lie milk, with respect to which the obliga­ ministrator or by any other person, the southeast, south, and southwest of a line tion exists, was received or handled ; and power and duty to perform such further beginning at the point where the (3) If the obligation is payable to one acts shall continue notwithstanding such Shepherdstown bridge passes over the or more producers or to a cooperative suspension or termination: Provided, Potomac River and enters Washington association, the name of such pro­ That any such acts required to be per­ County, Maryland. Follow Maryland ducer (s) or cooperative association, or if formed by the market administrator Route 34 northeast to Boonsboro, Mary­ the obligation is payable to the market shall, if the Secretary so directs, be per­ land. Turn right on Alternate Uv S. 40 administrator, the account for which it formed by such other person, persons, or and go southeast through Frederick, is to be paid.' agency as the Secretary may designate. Maryland on Alternate U. S. 40 to Ridge- (b) if a handler fails or refuses, with (b) The market administrator, or suchville, Maryland. Thence, south on Mary­ respect to any obligation under this sub- other person as the Secretary may desig­ land Route 27 to where it crosses the Pa­ Part, to make available to the market ad- nate, shall (1) continue in such capacity tuxent River. Follow the Patuxent River jPinistrator or his representatives all until discharged, (2) from time to time southeast to its intersection with U. S. hooks and records required by this sub- account for all receipts and disburse­ Route 29. Then go northeast on U. S. b^rt to be made available, the market ments and, if so directed by the Secre­ Route 29 to Clarksville, Maryland. administrator may within the two-year tary, deliver all funds or property on Thence southeast on Maryland Route 32 Period provided for in paragraph (a) of hand, together with the books and rec­ to its intersection with U. S. Route 1. Go this section, notify the handler in ords of the market administrator, or such north on'U. S. Route 1 to Waterloo, writing of such failure or refusal. If the person, to Such person as the Secretary Maryland. Thence go southeast on Market administrator so notifies a han­ shall direct, and (3) if so directed by the Maryland Route 175 to its intersection dler, the said two-year period with re­ Secretary, execute such assignments or with U. S. Route 301. Thence go south­ spect to such obligation shall not begin other instruments necessary or appro­ west on U. S. Route 301 to its intersection o run until the first day of the calendar priate to vest in such person full title to with Maryland Route 424 at Conways, all funds, property, and claims vested in Maryland. Thence southeast on Mary­ Month following the month during land Route 424 to its intersection with which all such books and records per­ the market administrator or such person pursuant to this subpart. Maryland Route 2 at Davidsonville, taining to such obligation are made Maryland; from this point follow a line available to the market administrator or Sec. 93. Liquidation after suspension directly eastward to the Chesapeake Bay. his representatives. or termination. Upon the suspension or In addition the marketing area should No. 39-----3 1128 PROPOSED RULE MAKING also include the territory in the State of eordance with the applicable rules of “ship” does not include the sale of un­ Virginia as set forth In proposal No. 1 practice and procedure governing the harvested watermelons. submitted by the Maryland and Virginia formulation of marketing agreements Milk Producers Association, Inc. and marketing orders (7 CFR 900.0 et § 1021.8. Producer. “Producer” means Proposal* No. 4: Proposed by Highs seq.), notice is hereby given of a public any person engaged in a proprietary Dairy Products Corporation: hearing to be held at the George Wash­ capacity in the production of water­ Provide that any marketing area ington Hotel, Jacksonville, Florida, start­ melons for market. covering the Washington, D. C., market ing at 9:30 a. m., e. s. t., April 22, § 1021.9 Eligible producer. “Eligible include the City of Frederick, Maryland. 1957, with respect to a proposed market­ producer” means any person who is a Copies of this notice of hearing may ing agreement and order authorizing producer only or both a producer and be procured from the Hearing Clerk, regulation of the handling of watermel­ handler of watermelons for market, but Room 112, Administration Building, ons grown in all counties in the State of whose handling of watermelons produced United States Department of Agricul­ Florida lying east of the Apalachicola by others constitutes less than 25 percent ture, Washington 25, D. C., or may be River; all counties in the State of Geor­ of the total number of watermelons there inspected. gia; and all counties in the State of South handled by such person during the pre­ Dated: February 21, 1957, at Wash­ Carolina. The proposed marketing ceding fiscal period. ington, D. C. agreement and order have not received § 1021.10 Eligible handler. “Eligible the approval of the Secretary of Agri­ handler” means any person who is a [seal] ' R oy W. Lennartson, culture. Deputy Administrator. handler only or any person who is both The public hearing is for the purpose a handler and a producer of watermelons [F. R. Doc. 57-1472; Piled Feb. 26, 1957; of receiving evidence with respect to for market, but whose handling of water­ 8:55 a. m.] economic and marketing conditions melons produced by others constitutes at which relate to the provisions of a mar­ least 25 percent of the total number of keting agreement and order hereinafter watermelons handled by such person set forth, or appropriate modifications during the preceding fiscal period. [ 7 CFR Parts 927, 990 ] thereof. (growers and shippers, in the States of § 1021.11 Grading. “Grading” is syn­ [Docket Nos. AO-71-A-32, AO-284] Florida, Georgia, and South Carolina, onymous with “preparation for market” M ilk in N ew Y ork Metropolitan Mar­ as represented by the Watermelon Grow­ and means the sorting of separation of keting Area and in N orthern N ew ers and Shippers Association and others, watermelons into grades arid maturities J ersey requested a hearing on the following pro­ for market purposes. posed marketing agreement and order NOTICE OF RECONVENING OF HEARING § 1021.12 Grade. “Grade” means any authorizing regulation of the handling one of the established grades of water­ The public hearing held pursuant to of watermelons in the proposed produc­ melons as defined and set forth in the the notice of hearing issued on May 18, tion area. * United States Standards for Water­ 1956 (21 F. R. 3527), and supplemental DEFINITIONS melons issued by thie United States De­ notices issued on May 29, 1956 (21 F. R. § 1021.1 Secretary. “S e e r e t a r y” partment of Agriculture (§§51.1970 3799) , and on August 29, 1956 (21 F. R. means the Secretary*; of Agriculture of through 51.1981 of this title) or amend­ 6680), on proposed amendments to the the United States or any officer or em­ ments thereto, or modifications thereof, tentative marketing agreement and to ployee of the United States Department or variations based thereon, recom­ the order, as amended, regulating the of Agriculture to whom authority has mended by the committee and approved handling of milk in the New York metro­ heretofore been delegated, or to whom by the Secretary. politan milk marketing area and on a authority may herèafter be delegated, to proposed marketing agreement and order act in his stead. § 1021.13 Maturity. “Maturity” means regulating the handling of milk in North­ various degrees of ripeness for water­ ern New Jersey was recessed by the Hear­ § 1021.2 Act. “Act means Public melons as established by the committee ing Examiner on January 7, 1957, to re­ Act No. 10, 73d Congress, as amended with the approval of the Secretary. convene at a date, time and place to be and as reenacted and amended by the § 1021.14 ’ Varieties. “Varieties” means later announced by the issuance of a Agricultural Marketing Agreement Act and includes ail classifications or sub­ public notice in accordance with the ap­ of 1937, as amended (48 Stat. 31, as divisions of watermelons according to plicable rules of practice and procedure, amended; 7 U. S. C. 601 et seq.; 68 Stat. those definitive characteristics now or as amended, governing the formulation 906, 1047). hereafter recognized by the United States of marketing agreements and orders (7 § 1021.3 Person. “Person” means Department of Agriculture. CFR Part 900). an individual, partnership, corporation, § 1021.15 Committee. “Committee” Accordingly, notice is hereby given association, or any other business unit. that such public hearing will be recon­ means the Southeastern Watermelon vened at the Commodore Hotel in New § 1021.4 Production area. “Produc­ Committee, established pursuant to York City at 10:00 a. m., e. s. t., on March tion area” means all counties in the State § 1021.22. 5,1957. of Florida lying east of the Apalachicola §1021.16 Fiscal period. “Fiscal peri­ River; all counties in the State of Geor­ Issued this 21st day of February 1957. od” means the period beginning January gia; and all counties in the State of 1 and ending December 31 following. [seal] G. Osmond Hyde, South Carolina. Hearing Examiner. § 1021.17 District. “District” means § 1021.5 Watermelons. “Watermel­ each one of the geographic divisions of [P. R. Doc. 57-1473; Piled, Feb. 26, 1957; ons” means all varieties of watermelons 8:56 a. m.] the production area initially established grown within the production area. pursuant to § 1021.24 or as reestablished § 1021.6 Handler. “Handler” is syn­ pursuant to § 1021.25. onymous with “shipper” and means any § 1021.18 Export. “Export” means person (except a common or contract [ 7 CFR Part 1021 l carrier of watermelons owned by another shipment of watermelons beyond the boundaries of continental United States. 1 AO-291] person) who handles watermelons or W atermelons G rown in F lorida, causes watermelons to be handled. COMMITTEE G eorgia, and S outh Carolina § 1021.7 Handle. “Handle” or “ship” § 1021.22 Establishment .and mem­ NOTICE OF HEARING W ITH RESPECT TO PRO­ means to transport, sell, or in any other bership. (a) The Southeastern Water­ POSED MARKETING AGREEMENT AND ORDER way to place, or have placed, water­ melon Committee, consisting of 12 Pursuant to the Agricultural Market­ melons in the current of commerce members, of whom eight shall be pro* ing Agreement Act of 1937, as amended within the production area or between ducers and four shall be handlers, is (48 Stat. 31, as amended; 7 U. S. C. 601 the production area and any point out­ hereby established. For each member et seq.; 68 Stat. 906, 1047), and in ac- side thereof. The term “handle” or of the committee there shall be an alter- Wednesday, February 27, 1957 FEDERAL REGISTER 1129 nate who shall have the same qualifica­ ministration due to redistricting or § 1021.28 Failure to nominate. If tions as the member. reapportionment of members within dis­ nominations are not made within the (b) Each person selected as a pro­ tricts; and (e) other relevant factors. time and in the manner specified in ducer member or alternate shall be an No change in districting or in appor­ § 1021.27, the Secretary may, without re­ individual who is an eligible producer tionment of members within districts gard to nominations, select the com­ in, and a resident of, the district from may become effective within less than 30 mittee members and alternates, which which selected. days prior to the date on which terms of selection shall be on the basis of the (c) Each person selected as a han­ office begin each year and no recommen­ representation provided for in §§ 1021.24 dler member or alternate shall be an dations for such redistricting or reap­ through 1021.26. individual who is an eligible handler in, portionment may be made less than six § 1021.29 Acceptance. Any person and a resident of, the production area months' prior to such date. selected as a committee member or alter­ within the State from which selected. § 1021.26 Selection. The Secretary nate shall qualify by filing a written 1 1021.23 Term of office, (a) The shall select initially one producer mem­ acceptance with the Secretary within term of office of committee members and ber of the committee, with his respective ten days after being notified of such their respective alternates shall be for alternate, from each district; two han­ selection. one year and shall begin as of January dler members, with their respective * al­ § 1021.30 Vacancies. To fill com­ 1 and end as of December 31. ternates, from the State of Florida; and mittee vacancies, the Secretary may (b) Committee members and alter­ one handler member, with his respective select such members or alternates from nates shall serve during the term of of­ alternate, from each of the States of unselected nominees on the current nom­ fice for which they are selected and have Georgia and South Carolina. inee list from the district or State in­ qualified, or during that portion thereof § 1021.27 Nomination. The Secretary volved, or from nominations made in the beginning on the date on which they may select committee members and al­ manner specified in § 1021.27. If the qualify during such term of office and ternates from nominations which may be names of nominees to fill any such va­ continuing until the end thereof, and made in the following manner: cancy are not made available to the until their successors are selected and (a) A meeting or meetings of pro­ Secretary within 30 days after such va­ have qualified. ducers shall be held in each district and cancy occurs, such vacancy may be filled § 1021.24 Districts: For the purpose a meeting or meetings of handlers shall without regard to nominations, which of determining the basis for selecting be held within the production area in selection shall be made on the basis of committee members the following dis­ each State to nominate committee the representation provided for in tricts of the production area are hereby members and alternates. For nomina­ §§ 1021.24 through 1021.26. initially established: tions to the initial committee the meet­ § 1021.31 Alternate members. An District No. 1—South Florida. The Coun­ ings may be sponsored by the United States Department of Agriculture oy by alternate member of the committee ties of Manatee, Hardee, Highlands, Okee­ shall act in the place and stead of the chobee, Indian River, and all counties lying any agency or group requested to do so south thereof in the State of Florida; by such department. For nominations member for whom he is an alternate District No. 2—Leesburg Area. The Coun­ for succeeding members and alternates during such member’s absence. In the ties of Brevard, Citrus, Hernando, Hills­ on the committee, the committee shall event of death, removal, resignation, or borough, Lake, Orange, Osceola, Pasco, Pinel­ hold such meetings or cause them to be disqualification of a member, his al­ las, Polk, Seminole, Sumter, and that portion ternate shall act for him until a succes­ of Marion County lying south of Florida held prior to November 15 of each year, after the effective date of this subpart; sor for the unexpired term of said mem­ State Road No. 40. ber is selected and has qualified. District No. 3—Gainesville Area. The (b) At each such meeting at least two Counties of Alachua, Bradford, Clay, Dixie, nominees shall be designated for each § 1021.32 Procedure, (a) Nine mem­ Flagler, Gilchrist, Levy, Putnam, St. Johns, position as member and for each position bers of the committee shall be necessary Union, Volusia, and that portion of Marion as alternate member on the committee to constitute a quorum and seven con­ County lying north of Florida State Road and eligible voters at such meetings may No. 40. curring votes shall be required to pass District No. 4—:Live Oak Area. All the ballot to indicate the ranking of their any motion or approve any committee remaining counties in the State of Florida choice for each nominee; action. lying east of the Apalachicola River not in­ (c) Nominations for committee (b) The committee may provide for cluded in Districts 1,2, and 3; members and alternates shall be supplied meeting by telephone, telegraph, or District No. 5—South Georgia. The Coun­ to the Secretary in such manner and other means of communication, and any ties of Clay, Calhoun, Dougherty, Worth, form as he may prescribe, not later than vote cast at such meeting shall be Turner, Ben Hill, Coffee, Bacon, Pierce, December 15 of each year; promptly confirmed in writing: Pro­ Brantley, Glynn, and all counties lying south (d) Only eligible producers may par­ thereof in the State of Georgia. vided, That when any assembled meet­ District No. 6—Middle and North Georgia. ticipate in designating nominees for pro­ ing is held, all votes shall be cast in All counties in the State of Georgia not in­ ducer members and alternates and only person. cluded in District No. 5; eligible handlers may participate in District No. 7—Allendale Area. The Coun­ designating nominees for handler § 1021.33 Expenses and compensa­ ties of Aiken, Bamberg, Barnwell, Charleston, members and alternates on the com­ tion. Committee members and alter­ Dorchester, and all counties lying south mittee. In the event a person is engaged nates shall be reimbursed for expenses thereof in the State of South Carolina; in producing watermelons in more than necessarily incurred by them in the per­ District No. 8—Pageland Area. All the one district or in handling watermelons formance of their duties and in the ex­ remaining counties in the State of South Carolina not included in District No. 7. within the production area in more than ercise of their powers under this subpart, one State, such person shall elect the and may receive compensation at a rate § 1021.25 Redistriçting. The commit­ district or State within which he may to be determined by the committee, tee may recommend, and pursuant participate as aforesaid in designating which rate shall not exceed $10.00 for thereto, the Secretary may approve, the nominees; and each full day spent in attending meetings reapportionment of members among dis­ (e) Regardless of the number of dis­ tricts, and the reestablishment of dis­ tricts or States within the production of the committee. tricts within the production area. In area in which a person produces or han­ § 1021.34 Powers. The committee recommending any such changes, the dles watermelons, each such eligible per­ shall have the following powers: committee shall give consideration to: son is entitled to cast only one vote on (a) To administer the provisions of

(d) To recommend to the Secretarydetermines to be appropriate. Handlers bursements, funds and property (includ­ amendments to this subpart. shall share expenses upon the basis of ing but not being limited to books and § 1021.35 Duties. It shall be the duty a fiscal period. Each handler’s share of other records) pertaining to the com­ of the committee : such expense shall be proportionate to mittee’s activities for which he is re­ (a) As soon as practical after the be­ the ratio between the total quantity of sponsible, and shall execute such assign­ ginning of each term of office to meet watermelons under regulation handled ments and other instruments as may be and organize, to select a chairman and by him as the first handler thereof dur­ necessary or appropriate to vest in such such other officers as may be necessary, ing a fiscal period and the total quantity successor, committee, or designated per­ to select subcommittees of committee of watermelons handled by all handlers son, the right to all of such property and members, and to adopt such rules and as first handlers thereof during such funds and all claims vested in such regulations for the conduct of its busi­ fiscal period. person. ness as it may deem advisable; § 1021.41 Budget. At the beginning

§ 1021.84 Termination, (a) The Sec­ this subpart, or (c) affect or impair any - - -§ 1021.95 Order with marketing retary may, at any time, terminate the rights or remedies of the Secretary or of agreement1 Each signatory “handler provisions of this subpart by giving at any other person with respect to any •favors and* approves the issuance of an least one day’s notice by means of a press such violations. order, by the Secretary, regulating the release or in any other manner which § 1021.87 Agents. The Secretary may, handling of watermelons in the same he may determine. by designation in writing, name any manner as is provided for in this agree­ (b) The Secretary may terminate or person, including any officer or employee ment; and each signatory handler hereby suspend the operation of any or all of of the United States, or name any agency requests the Secretary to issue, pursu­ the provisions s of this subpart whenever in the Urüted States Department of Ag­ ant to the act, such an order.1 he finds that such provisions do not tend riculture, to act as his agent or repre­ to effectuate the declared policy of the Copies of this notice of hearing may sentative in connection with any of the be- procured from the Hearing Clerk, act. provisions of this subpart. (c) The Secretary shall terminate the United States Department of Agricul­ provisions of this subpart at the end of § 1021.88 Derogation. Nothing con­ ture, Room 112, Administration Build­ any fiscal period whenever he finds that tained in this subpart is, or shall be con­ ing, Washington 25, D. C., or may be such termination is favored by a majority strued to be, in derogation or in modi­ there inspected. of producers, who during a representa­ fication of the rights of the Secretary or Dated: February 20,1957. tive period, have been engaged in the of the United States to exercise any production of watermelons for market: powers granted by the act or otherwise, [seal] R oy W. Lennartson, Provided. That such majority has, during or, in accordance with such powers, to Deputy Administratorv such representative period, produced for act in the premises whenever such action [F. R. Doc. 57-1455; Filed, Feb. 26, 1957; market more than fifty percent of the is deemed advisable. 8:49 a. m.] volume of such watermelons produced § 1021.89 Personal liability. No mem­ for market. ber or alternate of the committee nor (d) The provisions of this subpart any employee or agent thereof, shall be DEPARTMENT OF COMMERCE shall, in any event, terminate whenever held personally responsible, either in- * the provisions of the act authorizing dividually or jointly with others, in any Federal Maritime Board them cease to be in effect. way whatsoever, to any handler or to § 1021.85 Proceedings after termina­ any person for errors in judgment, mis­ [ 46 CFR Part 235 ] tion. (a) Upon the termination of the takes, or other acts, either of commission [Docket No. 789] provisions of this subpart the then func­ or omission, as such jmember, alternate, tioning members of the committee shall agent, or employee, except for acts of F iling of F reight R ates in F oreign continue as joint trustees for the purpose dishonesty, willful misconduct, or gross* Import Commerce of the U nited S tates of liquidating the affairs of the commit­ negligence. NOTICE OF ORAL ARGUMENT . tee of all the funds and property then in § 1021.90 Duration of immunities. the possession of or under control of the The benefits, privileges, and immunities Whereas, by notice in this proceeding, committee, including claims for any conferred upon any person by virtue of appearing in the F ederal R egister of funds unpaid or property not delivered at this subpart shall ceqse upon the ter­ March 15, 1956 (21 F. R. 1656) the the time of such termination. Action by mination of this subpart, except with Board announced that it had* instituted said trusteeship shall require the con­ respect to acts done under and during am investigation with respect to the is­ currence of a majority of the said the existence of this subpart. suance of a proposed rule requiring the trustees. - -v : " i \ filing with the Board of schedules, and (b) The said trustees shall continue in § 1021.91 Separability. If any pro­ vision of this subpart is declared invalid, all amendments thereto, of all inbound such capacity until discharged by the rates, charges, rules, regulations, and Secretary; shall, from time to time, ac­ or the applicability thereof to any per­ son, circumstance, or thing is held in­ practices established, observed, and as­ count for all receipts and disbursements sessed by all common carriers by water and deliver all property on hand, to­ valid, the Validity of the remainder of this subpart, or the applicability thereof subject to the Shipping Act, 1916, as gether with all books and records of the amended (46 U. S. C. 801 et seq.), and committee and of the trustees, to such to any other person, circumstance, or thing, shall not be affected thereby. engaged in the foreign import commerce person as the Secretary may direct ; and of the United States, including all of its shall, upon request of the Secretary, ex­ § 1021.92 Amendments. Amendments Districts; Territories, and possessions ecute such assignments or other instru­ to this subpart may be proposed, from and all persons interested ’ in the pro­ ments necessary or appropriate to vest time to time, by the committee or by the posed rule were given an opportunity to in such person full title and right to all Secretary. file written statements and comments as of the funds, property, and claims vested § 1021.93 Counterparts. This agree­ to when such schedules should be filed, in the committee or the trustees pursu­ ment may be executed in multiple coun­ and ant to this subpart. terparts and when one counterpart is Whereas, by notice appearing in the (c) Any person to whom funds, 'prop­ signed by the Secretary all such counter­ F ederal R egister of October 20, 1956 erty, or claims have been transferred or parts-shall constitute, when taken to­ (21 F. R. 8088), the Board, having con­ delivered by the committee or its mem­ gether, one and the same instrument as sidered comments received pursuant to bers, pursuant to this section, shall bt if all signatures were contained in one the above notice, published the proposed subject to the same obligations imposec original.* rule in order to give interested persons upon the members of the committee anc an opportunity'to file written comments upon the said trustees. § 1021.94 Additional parties. After the effective date hereof, any handler and statements with respect to such rule, § 1021.86 Effect of termination or who has not previously executed this and umendment. Unless otherwise expressly agreement may become a party hereto Whereas, consideration has been given Provided by the Secretary, the termina­ if a counterpart hereof is executed by to the comments- received, including tion of this subpart or of any regulation him and delivered to the Secretary. those in which a request was made for !ssued pursuant to this subpart, or the is­ This agreement shall take effect as to a hearing or oral argument, suance of any amendments to either such new contracting party at the time Now therefore, notice is hereby given thereof, shall not (a) affect or waive any such counterpart is delivered to the Sec­ that oral argument will be heard by the ”®}t, duty, obligation, or liability which retary, and the benefits, privileges, and shall have arisen or which may there­ Board, on March 19, 1957, beginning at immunities conferred by this agreement 9:30 a. m., in Room 4519 New G. A. O. after arise in connection with ally pro- shall then be effective as to such new ision of this subpart or any regulation contracting party.1 Building, 441 G Street. NW., Washing­ «sued under this subpart, or (b) release ton, D. C., with respect to (1) whether extinguish any .violation of this sub- 1 Applicable only to the proposed market­ the Board has statutory authority to is­ Part or of any regulations issued under ing agreement. sue the proposed rule, and (2) any other 1134 PROPOSED RULE MAKING question germane to such rule and/or §72.5 List of explosives and other dangerous articles, (a) * * * the issuance thereof, on which interested parties may desire to be heard! Maximum All respondents in. this proceeding are Classed Exemptions and pack­ Label required quantity ini requested to notify the Secretary, Federal Article as— ing (see sec.) if not exempt outside con­ • tainer by rail Maritime Board, Washington 25, D. C., express immediately whether they will partici­ pate in the oral argument and, if so, the Change amount of time desired for argument. Copper arsenite, solid (Scheele’s green, Pois. B . . . 73.364, 73.365...... 200 pounds. cupric green, copper orthoarsenite, Dated: February 25,1957. Swedish green). * Sparklers. See Common fireworks. By order of the Federal Maritime Vinyl chloride, inhibited...... f a . . . 73.302, 73.308, 73.314, 300 pounds. Board. 73.315. J ames L. P imper, A d d Secretary. F. L .____ . No exemption, 73.145.. Red 5 pints. Exp]osive cartridges___ I ___ j ...... Expl. A ... N ot accepted. [F. R. Doc. 57-1514; Filed, Feb. 25, 1957; Pois. A ._ No exemption! 73.337— Not accepted. 4:22 p. m.]

P art 73—S hippers INTERSTATE COMMERCE SUBPART A— PREPARATION OF ARTICLES FOR TRANSPORTATION BY CARRIERS BY RAIL FREIGHT, COMMISSION RAIL EXPRESS, HIGHWAY, OR. WATER _ to T4 tt Ti* i In § 73.31 amend paragraph (a) table; add footnote 11 to paragraph (a) table; L 49 CrR Parts 72, 73, 74, 77, 78 J add spec 109A100AL-W to table 1 to paragraph (g) (9) (21 F. R. 4562, 4563, June [Notice 29; Docket No. 3666] 26,1956) to read as follows:

T ransportation of Explosives and Other § 73.31 Qualification, maintenance, and use of tank cars, (a) * * * D angerous Articles Where these regulations call for speci­ These specification containers may also be used subject to the NOTICE OF PROPOSED RULE MAKING fications Nos.— provisions of the following notes—

J anuary 25, 1957. 103 4 »■»« and 103-W *«««...... ARA-II i 4 s ii h i 4 s 8 n and iy .s « The Commission is in receipt of appli­ 103A 4 » and 103A-W 411...... ARA-II2 4 n and III.4! u 103B 4 ii and 103B-W 4 »_•...... A R A -II4 H and I I I 4 n rubber lined. cations for early amendment of the 1030—W ‘ ...... 103C.8 above-entitled regulations insofar as they 103D-W, 103E-W, 103A-N-W____ ;...... See Note 10. 104 4 • « and 104-W 4 » u...... ARA-IV4 «ii apply to shippers in the preparation of 105A100and 105A100-W 104A ? and 104A-W.7 articles for transportation, and to all 105A10O-AL-W...... 104A-AL-W.1 105A300-W...... ARA-V,8 ICC-105» and 105A300.8 carriers by rail and highway. The pro­ 105 A 400-W ...... 105A400. posed amendments and the reasons 105A500-W...... 105A500. therefor are set forth below. 105A600-W...... 105A600. 4 106A500 and 106A500-X...... ICC-27 tanks mounted on a car and classified as multiunit tank prior Application for these amendments or­ to October, 1,1930.« dinarily would be considered at our next 106A800 and 106 A800-X...... 106A 800NCT____ ' hearing in this docket. It appears, how­ 107A * * * . None. ever, that the proposed amendments have been the subject of exchanges and * * * * * * * study by interested parties, in which sub­ n Cars built prior to August 31, 1956, equipped with safety vents having frangible rupture stantial agreement has been reached. In discs of 30 p. s. i. may be used. Cars equipped with 30 p. s. i. safety vents may be continued in service but„ these safety vents may be reset to 45 p. s. i. by changing the frangible disc to one of view thereof no oral healing is contem­ that rating. plated at this time. * . * * * * * * Any party desiring to make represen­ (o) * * * tations in favor of or against the pro­ (9) * * * posed amendments may do so through T able 1—R etest P eriods and P ressures ... the submission of written data, views, or arguments. The original and five copies Interior of such submission may be filed with ' Tank heater ga retests systems SS the Commissioh on or before February retest 3 s Ms 26,1957. The proposed amendments are Classification SS0'S subject to change or changes that may be > o. a3 S.s 8 made as a result of such submissions. § S ii > t>> p. ¡>» Notice to the general public will be o P given by depositing a copy of this notice in the Office of the Secretary of the Com­ 75 mission for public inspection, and by ICC-109A-1Q0AL-W. filing a copy of the notice with the Di­ rector, Division of the Federal Register. Footnotes remain the same. * * . * * t> (62 Stat. 738, 18 U. S. C. 831-835; 49 Stat. as defined herein and fitted with an ig­ 546, 52 Stat. 1237, 54 Stat. 921, 49 U. S. C. 304) SUBPART B— EXPLOSIVES; DEFINITIONS AND niter, primer, or other ignition device. PREPARATION , By the Commision, Division 3. 2. In § 73.56 amend the heading; 1. In § 73.53 add paragraph (w) (15 amend paragraphs (a), (b), and (f) [seal] H arold D. M cCoy, F. R. 8286, Dec. 2, 1950) to read as F. R. 8286, Dec. 2, 1950) (21 F. R. 7598, Secretary. follows: Oct. 4, 1956) to read as follows: P art 72—Commodity List of Explosives § 73.53 Definition of class A explo­ § 73.56 Ammunition, projectiles, ffrs- and Other D angerous Articles Con­ sives. * * * nades,, bombs, mines, explosive car­ taining the S hipping N ame or D e­ (w) Explosive cartridges. Explosive tridges, and torpedoes, (a) Detonating scription of All Articles S ubject to cartridges are military devices, other fuzes, tracer fuzes, explosive or ignition P arts 71-78 of This Chapter than ammunition for cannon without devices, bouchons, or fuze parts with ex­ Attlend § 72.5 Commodity List (15 F. R. projectiles, consisting of a metal, fiber, or plosives contained therein must not p 8266, 8267, 8269, 8272, Dec. 2, 1950) (21 composition casing containing more than assembled in explosive projectiles, grc‘ F. R. 7596, Oct. 4,1956) as follows: 180 grains of a class A explosive Type I *n urine ovnlncivA h n m h s fiXDlOSlYC *, Wednesday, February 27, 1957 FEDERAL REGISTER 1135 explosive cartridges, or explosive torpe­ SIVE)—HANDLE CAREFULLY,” or § 73.108 Common fireworks, signal does, or included in the same outside “SUPPLEMENTARY CHARGES (EX­ flares, hand signal devices, railway or package with them unless shipped by, PLOSIVE)—HANDLE CAREFULLY,” as highway fusees, smoke signals, smoke for, or to the Departments of the Army, the case may be. candles, smoke pots, and very signal Navy, and Air Force of the United States * * * • * cartridges, (a) Common fireworks, sig­ Government or unless of a type approved 5. In § 73.77 amend paragraph (C) (15 nal flares, hand signal devices, railway by the Bureau of Explosives. F. R. 8292, Dec. 2, 1950) to read as or highway fusees, smoke signals, smoke (b) Explosive projectiles, 'explosive follows: candles, smoke pots, and ’ Very signal torpedoes, explosive mines, explosive cartridges, unless otherwise specifically bombs, explosive cartridges, or explo­ § 73.77 Pentaerythrite tetrani- provided for, must be securely packed in sive grenades, except as provided in par­ trate. * * * * containers complying with the following agraph (c) of th is. section, must be (c) Sufficient outage in outside con­specifications: tainer must be allowed to prevent * * * * * packed and properly secured in strong rupturing of container in freezing wooden or metal boxes. (2) Spec. 15A, 15B, 16A, or 19A ***** weather, or a mixture of denatured ethyl alcohol or other suitable anti-freeze and (§§ 78.168, 78.169, 78.185, or 78.190 of this (f) Each exterior package or projec­water may be used to prevent freezing in ' chapter). Wooden boxes. Gross weight tile, bomb, or mine must be plainly transit. not to exceed 100 pounds, except gross marked “explosive projectiles,” “explo­ * * * * * weight of 500 pounds is authorized for sive torpedo,” “explosive mine,” “explo­ 6. In § 73.79 amend paragraph (c) (21 very signal cartridges only. sive bomb,” “hand grenades,” “rifle gre­ * * * * 4c nades,” or “explosive cartridges,” as the F. R. 3009, May 5, 1956) to read as case may be, except that each device follows: 10. In § 73.113 amend paragraph (c) need not be so marked when palletized § 73.79 Jet thrust units (jato), explo­ (20 F. R. 4414, June 23, 1955) to read as and the palletized units are plainly sive, class A or igniters jet thrust (jato), follows: marked and shipped as carload or truck- explosive, Class A. * * * §73.113 Detonating fuzes, class load shipments. * (c) Each outside package must be 4c 4c 4c ^ 3. In § 73.65 amend paragraph (e) (3) plainly marked “JET THRUST UNITS, (c) Each outside package must be (19 F. R. 8525, Dec. 14, 1954) to read as CLASS A EXPLOSIVES” or “IGNITERS, plainly marked “DETONATING FUZES, JET THRUST, CLASS A EXPLOSIVES.” CLASS C EXPLOSIVES—H A N D L E follows: * * * * * CAREFULLY.” § 73.65 High explosives with no liquid 7. In § 73.92 amend the heading, and explosive ingredient nor any chlo­ SUBPART C----FLAMMABLE LIQUIDS; DEFINI­ introductory text of paragraph (a) ; TION AND PREPARATION rate. * * * amend paragraph (c)* (21 F. R. 3009, (e) * * * May 5, 1956) to read as follows: 1. In § 73.115 amend paragraph (a) (3) Spec. 5B (§ 78.82 of this chapter) (21 F. R. 7599, Oct. 4, 1956) to read "as § 73.92 Jet thrust units (.jato) , class follows: metal barrels or drums or Spec. 21A or B, igniters, jet thrust (jato), class B, or 21B (§ 78.222 or § 78.223 of this chapter) starter cartridges, jet engine, class B. § 73.115 Flammable liquids; defini­ fiber drums. Authorized only for cyclo- (a) Jet thrust units (jato), class B, must tion. (a) A flammable liquid for the trimethylenetrinitramine wet with not not be shipped with igniters assembled purpose of Parts 71-78 of this’chapter is less than 10 pounds of water to each 90 therein unless shipped by, for, or to the any liquid which gives off flammable pounds of dry material in inside contain­ Departments of the Army, Navy, and Air vapors (as determined by flash point ers which must be bags made of at least Force of the United States Government. from Tangliabue’s open-cup tester, as 10-ounce eottorf duck, rubber or rubber­ Jet thrust units (jato), class B, igniters, used for test of burning oils) at or below ized cloth ana securely closed. The dry jet thrust (jato), class B, or starter a temperature of 80° F. weight of cyclotrimethylenetrinitramine cartridges, jet" engine,.class B, must be * * * * * in one container must not exceed 300 packed in outside containers complying 2. In § 73.118 amend paragraphs »(a) pounds. These bags containing the cy- with the following specifications : and (b) (21 F. R. 4431, 4432, June 23, clotrimethylenetrinitramine mus$ then 1956) to read as follows: be placed in a rubber bag, rubberized 1 * * * * * cloth bag or bag made of suitable water­ (c) Each outside package must be § 73.118 Exemptions - for flammable tight material which must be securely plainly marked “JET THRUST UNITS, liquids, (a) Flammable liquids, except closed and then placed in the drum. If CLASS B EXPLOSIVES,” “IGNITERS, those enumerated in paragraph (c) of shipment of cyclotrimethylenetrinitra- JET THRUST, CLASS B EXPLOSIVES,” this section, in inside metal containers mifle is to take place at a time freezing or “STARTER CARTRIDGES, JET EN­ not over 1 quart capacity each, packed in weather is to be anticipated, it must be GINE, CLASS B EXPLOSIVES.” strong outside containers, except as wet with a mixture of denatured ethyl * * * * * otherwise provided, are exempt from spe­ alcohol or other suitable anti-freeze and 8. In § 73.100 amend paragraph (r) cification packaging, marking, and label-* water of such proportions that freezing (8) (18 F. R. 3134, June 2, 1953) (49 CFR ing requirements, except that marking will not occur in transit. 1950 Rev., 1955 Supp., 73.100) to read as name of contents on outside container is follows: required for shipments via carrier by 4. In § 73.69 amend paragraph (c) (20 water. Shipments for transportation by P- R. 4414, June 23, 1955) to read as § 73.100 Definitions of class Ç ex­ highway carriers are exempt also from follows: plosives. * * * ' Part 77 of this chapter, except § 77.817, § 73.69 Detonating fuzes, class A, with (r) * * * and Part 197 of this chapter. or without radioactive components, deto­ (8) Dipped sticks, the pyrotechnic (b) Flammable liquids, except those nating fuze parts containing an explosive, composition of which contains any chlo­ enumerated in paragraph (c) of this sec­ boosters, bursters, or supplementary rate or perchlorate shall not exceed 5 tion, in inside containers having a ca­ charges. * * * grams. Sparklers, the composition of pacity not over 1 pint or 1-6 ounces by (c) Each outside package must be which does not excéed 100 grams each weight each, packed in strong outside Plainly marked “DETONATING FUZES, and which contain no magnesium or containers, are exempt from specifica­ CLASS A EXPLOSIVES—HANDLE magnesium and a chlorate or perchlo­ tion packaging, marking, and labeling CAREFULLY—DO NOT STORE OR rate, are not subject to the regulations in requirements, except that marking name LOAD WITH ANY HIGH EXPLO­ Parts 71-78 and 197 of this chapter. of contents on outside container is re­ R ES ” or “DETONATING FUZES, * * * * * quired for shipments via carrier by CLASS A EXPLOSIVES, RADIOAC- water. Shipments for transportation by ■UVE—H A N D L E CAREFULLY—DO 9. In § 73.108 amend the introductory JjOT STORE OR LOAD WITH ANY text of paragraph (a) ; amend paragraph highway carriers are exempt also from JgGH EXPLOSIVES,” or “BOOSTERS (a> (2) (21 F. R. 7599, Oct. 4, 1956) (15 Part 77 of this chapter, except § 77.817, ¡EXPLOSIVE)—HANDLE CARE­ F. R. .8297, Dec. 2, 1950) to read as and Part 197 of this chapter. FULLY,” or “BURSTERS (EXPLO- follows; No. 39——1 / 1136 PROPOSED RULE MAKING

SUBPART D----FLAMMABLE SOLIDS AND OXIDIZ­ SUBPART E— ACIDS AND OTHER CORROSIVE 316 stainless steel. Authorized for phos­ ING m a t e r i a l s ; d e f i n i t i o n a n d p r e p ­ LIQUIDS; DEFINITION AND PREPARATION phorus trichloride and thiophosphoryl a r a t io n 1. In §73.247 amend paragraph (a) chloride only. (b) Phosphorus trichloride and thio­ 1. In § 73.176 amend paragraph (g) (6) (21 F. R. 7601, Oct. 4, 1956) to read phosphoryl chloride may also be shipped (21 P. R. 364, Jan. 19, 1956) to read as as follows: in metal barrels or drums, Spec. 5A or follows : § 73.247 Acetyl chloride, antimony 5C (§78.81 or § 78.83 of this chapter). § 73.176 Matches, * * * pentachloride, benzoyl chloride, benzyl * ♦ * v * * (g) Matches, strike-on-box, book, andchloride, chromyl chloride, pyro sulfuryl 5. In § 73.272 amend the introductory card packed in outside fiberboard or chloride, silicon chloride, sulfur chloride text of paragraph (f); add paragraph (f) wooden boxes are not subject to the reg­ (mono and di), sulfaryl chloride, thionyl (2) (15 F. R. 8321, Dec. 2, 1950) to read ulations in Parts 71-78 and 197 of this chloride, tin tetrachloride (anhydrous), as follows: * chapter. and titanium tetrachloride, (a) * * * (1) Matches, strike-on-box, book, and (6) Spec. 103A, 103A-W, 105A300-W, § 73:272 Sulfuric acid. * * * card may be packed in the same outside 105A400-W, 105A500-W, or 105A600-W (f) For sulfuric acid of concentrations container with nonflammable articles (§ 78.266, § 78.281, § 78.286, § 78.287, not to exceed 95 percent (approximately when packed in outside fiberboard or § 78.288, or § 78.289 of this chapter) tank 1.835 specific gravity) (66° Baume) : wooden boxes. Such matches must be cars, except that for tin tetrachloride * ' * ♦ * * compactly packed in tightly closed inside (anhydrous) spec. 105A30D-W, 105A400- "(2) Spec. IF or 1G (§78.10 or §78.11 containers or securely wrapped so as to W, 105A500—W, or 105A600-W tank cars of this chapter). Polyethylene carboys prevent accidental ignition. When so must be used. Benzyl chloride must be in wooden boxes, plywood drums or packed, they are exempt from specifica­ stabilized when loaded in unlined tanks. boxes. tion packaging, marking, and labeling * * * J* * * * * * * * requirements except when for transpor­ 2. In § 73.264 amend paragraph (a1) 6. In § 73.289 amend paragraph (a) tation by carrier by water each outside (7) *; amend paragraph (b) (2) (15 F. R. (2) (21 F. R. 7601, Qct. 4, 1956) to read, container shall be marked “BOOK as follows: MATCHES,” “STRIKE-ON-BOX 8317, Dec. 2, 1950) (21 F. R. 7601, Oct. 4,' MATCHES,” or “CARD MATCHES,” as 1956) to read as follows: § 73.289 Formic acid and formic acid the case may be. Shipments for trans­ § 73.264 Hydrofluoric acid, (a) * * * solutions, (a) * * * portation by highway carriers are. ex­ (7 ) . Spec. 5A (§ 78.81 of this chapter). (2) Spec. 103C-W or 103E-W (§ 78.283 empt also from Part 77 of this chapter, Unlined metal-barrels or drums which or § 78.298 of this chapter). Tank cars. except § 77.817, and Part 197 of this have been subjected to adequate passif^- Spec. 103E-W tanks must be of type 316 chapter. cation of neutralization process (see stainless steel and must be stenciled Note 1).- Authorized only for acid of not “FOR FORMIC ACID ONLY.” 2. Amend entire § 73.229 (20 P. R. 950, less than 60 percent and not more than * * ' * * * Peb. 15, 1955) <31 P. R. 365, Jan. 19, SUBPART F— COMPRESSED GASES; DEFINITION 1956) to read as follows: 80 percent strength and all containers must be filled to not over 80 percent of AND PREPARATION § 73.229 Chlorate and borate mixtures capacity at 68° F. If containers are 1. In §.73.302 amend paragraph (a) or chlorate and magnesium chloride washed out with water, they must be (3) (20 F. R. 8102, Oct. 28, 1955) to read mixtures, (a) Chlorate and borate mix­ repassified before reshipment. (See as follows: tures or chlorate and magnesium chlo­ Notes 1, 2, 3, 4 and 5.) ride mixtures Containing more than 50 Notes remain the same. § 73.302 Exemptions for compressed percent chlorate and no other hazardous * * \ * * * gases, (a) * * * (3) Inside nonrefillable metal contain­ additives must be packed as follows : (b> * * * (1) As prescribed in § 73.163. ers charged with a solution of materials (b) Chlorate and borate mixtures or (2) Spec. 105A300-W, 105A400-W, and compressed gas or gases, of capacity chlorate and magnesium chloride mix­ 105,1 105A500-W,-or ARA-V1 (§§ 7§.286, not exceeding 32 cubic inches. Contents tures containing no other hazardous ad­ 78.287, 78.288 of this chapter), tank cars, of the container must be nonpoisonous ditives *and containing less than 50 equipped Mth special valves and appur­ and if ¿flammable as provided in § 73.300 percent chlorate are exempt from speci­ tenances approved for this particular (b) (2), (3), and (4), the flash point, as fication packaging, marking, and label­ service. Filling density must not exceed determined by Bureau of Explosives’ ing requirements when offered for 90 percent of the pounds water weight Method, must be not less than 20° F. transportation by rail freight or highway capacity of the tank. Pressure in the container must not ex­ and packed as follows; shipments for * * * * * ceed 75 pounds per square inch absolute transportation by highway carriers are 3. In § 73.266 add paragraph (c) (7) at 70° F. and the liquid content of the exempt also from Part 77 of this chapter, (15 F. R. 8318, Dec. 2, 1950) to read as material and gas must not completely except § 77.817, and Part 197 of this follows: fill the container at 130° F. However, if chapter: § 73.266 Hydrogen peroxide solution the pressure exceeds 55 pounds per (1) Tight metal or fiber drums. in water. * * * square inch absolute.at 70° F., a spec. 2P (2) Wooden boxes with tight inside (c) * * * (§ 78.33 of this chapter) container must metal containers. (7) Spec. 6J (§ 78.100 of this chapter). be used. Each completed container filled (3) Multi-wall paper bags, net weight Steel barrels or drums having inside for shipment must have been heated until not over 50 pounds, moisture proof and spec. 2S (§ 78.35 of this chapter) poly­ content reached a minimum temperature sift proof, and having a strength capable ethylene drums. Gross weight restric­ of 130° F. without evidence of leakage, of withstanding four 4-foot drops onto tion indicated by the gross weight em­ distortion, or other defect. solid concrete. bossment in the steel barrel or drum is * * * * * (c) Chlorate and borate mixtures or waived. 2. in § 73.306 amend paragraph (b) chlorate and magnesium chloride mix­ * * * * V- * (1); cancel paragraphs (b) (2), and en­ tures containing 28 percent or less chlo­ 4. In § 73.271 add paragraph (a) (10); tire paragraph (d) (20 F. R. 8103, Oct- rate and no other hazardous additives, 28, 1955) (21 F. R. 3011, May 5, 1956) (21 are not subject to the regulations in amend paragraph (b) (15 F. R. 8321, Dec. 2, 1950) (16 F. R. 11779, Nov. 21, F. R. 7602, Oct. 4, 1956) (21 F. R- 4433' Parts 71-78 and 197 of this chapter. 1951) to read as follows: June 23, 1956) (19 F: R. 1279, Mar. 6, 1954) to read as follows: 3. In § 73.233 add paragraph (a) (4) § 73.271 Phosphorus, oxychloride, (17 F. R. 9837, Nov. 1, 1952) to read as § 73.306 Liquefied gases, except acety­ follows : phosphorus trichloride, and thiophos- phoryl chloride, (a) * * * lene in solution. * * * § 73.233 Nickel catalyst, finely divided, (10) Spec. 103E-W (§ 78.298 of this (b) * * * •, . . activated or spent, (a) * * * chapter). Tank cars made from type (1) Spec. 2F (§ 78.33 of this chapter), (4) Spec. 17H, 37A, or 37B (§ 78.118, inside metal containers equipped witn §78.131, or § 78.132 of this chapter). 1 Use of existing tank cars authorized, but safety devices of a type approved W tn Metal drums (single-trip). new construction not authorized. R nrooii rvf TTvnlnciVPff STld OSiCkCu 1 Wednesday, F ebru ary 27, 1957 FEDERAL REGISTER 1137 strong wooden or fiber boxes of such de­ Maximum per­ sign as to protect valves from injury Kind of gas mitted filling Required type of tank car, Note 2 or accidental functioning under condi­ density Note 1 tions incident to transportation. Pres­ (percent) sure in the container must not exceed 85 pounds per square inch absolute at 50 ______ICC-106A500,106A500X, Note 12. - 57;...... ICC-105A300-W. 70° F. Each completed metal container Note 5...... * ICC-107A. filled for shipment must be heated until Butadiene (pressure not exceeding 75 pounds Notes 3 and 6 ..,. ICC-106A500,106A500X. per square inch at 105° F.), inhibited. ICC-105A100, 105A100-W, Note 9. content reaches a minimum temperature ICC-105A500-W, 105A600-W, Note 11. of 130° F., without evidence of leakage, ...... ICC-106A500, 106A500X, Note 12.125 125...... ICC-105A300-W, Notes 8 and 18. distortion or other defect. Each out­ Note 6...... ICC-106A500, 106A500X. side shipping container must be plainly ICC-105A100AL-W, 105A300-W, 109A100AL- marked "Inside containers comply with W, Note 5. 119...... ICC-106A500, 106A500X, 110A500-W, Notes 12 prescribed specifications.” and 19. (2> [Cancelled.] 125 ____ ICC-1Q5A300-W.. - ICC-1Ò6A500,106A 500X, Note 12. * * * * * mixture (constant boiling mixture). ICC-110A50O-W. ICC-105A300-W. Cd) [Cancelled.] 119...... ICC-106A500, 106A500X, 110A500-W, Notes 12 fluoroethane mixture. and 19. - 3. In § 73.312 amend paragraphs (a) 125 IC C-105A300-W. (1) and (7) (19 F. R. 6269, Sept. 29, Dichlorodifluoromethane •- monochlorodifluoro- 119 ICC-106A500, 106A500X, 110A500-W, Notes 12 methane mixture. and 19. 1954) (21 F. R. 7602, 7603, Oct. 4, 1956) 125 ___ _ ICC-105A300-W. to read as follows: ICC-106A500, 106A500X, 11QA500-W, Note 12. methane mixture. ' IC C-105 A300-W. §73.312 Liquefied petroleum gas. 119...... ICC-106A500, 106A500X, 110A500-W, Notes 12 * * * methane-monochlorodifluoromethane mix- and 19. 125 ______ICO-105A3OO-W. (1) Spec. 3,1 3A, 3AA, 3B, 3E, 4, 4A, 4B, .Dichlorodifluoromethane-trichlorotrifluoro- 119 . ____ 'ICC-106A500, 106A500X, 110A500-W, Notes 12 ethane mixture. and 19. 4BA, 4B240X1 (see Appendix A to Sub­ 125 ...... IC C-105 A300-W. part C of Part 78), 4B240FLW, 7 9 ...... ICC-106A500, 106A500X, 110A500-W, Note 12. 4B240ET, 4E, or 9, 25,1 26,1 38,1 or 41 100...... ICC-106A500, 106A500X, 110A500-W, Note 12. 59...... ICCT106A500, 106A500X. (§ 78.36, § 78.37, -§ 78.38, ? 78.42,. § 78.48, 62...... IC C-105A300-W, Note 9. § 78.49, § 78.50, § 78.51, § 78.54, § 78.55, 59...... ICC-106A500, 106A500X. 62...... ICC-105A300-W, Note 9. § 78.68, § 78.63, or § 78.67 of this chap­ ICC-106A500, 106A500X, Notes 12 and 19. ter) . Cylinders authorized under § 73.34 ICC-110A500-W, Note 19. ' IGC-105A300-W, Note 19. (a) to (e) may be used. Fertilizer ammoniating solution containing free ICC-106A500, 106A500X. No change in Note 1. ammonia. ICC-105A100ÀL-W, 105A300-W, 109A100AL- W, Note 5. : . ♦ * * * * Note 5...... ICC-107A. ICC-107A, Note 7. (7) Spec. 2P (§ 78.33 of this chapter). 6 8 ...... ICC-106A800,106A800X, Notes 12 and 13. Inside metal containers packed in strong Liquid hydrocarbon gas (pressure not exceed­ Note 6—...... ICC-105A100, 105A100-W, Note 9. wooden or fiber boxes of such design as ing 75 pounds per square inch at 105° F.). -Liquid hydrocarbon gas (pressure not exceed­ ICC-105A300-W,.Note 9. to protect valves from injury or acci­ ing 225 pounds per square inch at 105° F.). dental functioning under conditions in­ Liquid hydrocarbon gas (pressure not exceed­ Note 6 ..-...... 'ICC-105A400-W, Note 9. ing 300 pounds per square inch at. 105° F.). cident to transportation. Authorized for Liquid hydrocarbon gas (pressure not exceed­ ICC-105A600-W, Note 9. liquefied petroleum gas with a gas pres­ ing 375 pounds per square inch at 105° F.). • 'Liquid hydrocarbon gas (pressure not exceed­ Note 6...... ICC-106A500,106A500X. sure not over 45 pounds per square inch ing 375 pounds per square inch at 130° F.). gauge at 70° F. and 105 pounds per Liquid hydrocarbon gas (pressure not exceed­ IO C-105A600-W, Note 9. square inch gauge at 130° F. Containers ing 450 pounds per square inch at 105° F.). Liquefied petrbleum gas (pressure not exceed­ Note 3...... ICC-105A100,105A100-W, Note 9. must be equipped with safety devices ing 75 pounds per square inch at 105° F.). • which will prevent rupture of the con­ Liquefied petroleum gas (pressure not exceed­ ICC-105A300-W, Notes 5 and 9. ing 225 pounds per square inch at 105° F.). tainers and dangerous projection of the Liquefied petroleum gas (pressure not exceed­ ICC-105A400-W, Notes 5 and 9. closing devices when the containers are ing 300 pounds per square inch at 105° F.). Liquefied petroleum gas (pressure not exceed­ ICC-105A500-W, Notes 5 and 9. exposed to the action of fire. Each com­ ing 375 pounds per square inch at 105° F.). pleted container filled for shipment must Liquefied ^petroleum gas (pressure not exceed­ ICC-106A500,106A500X. ing 375 pounds per square inch at 130° F.). have been heated until contents reached Liquefied petroleum gas (pressure not exceed­ ICC-105A600-W, Notes 5 and 9. a minimum temperature of 130° F., with­ ing 450 pounds per square inch at 105° F.) out evidence of leakage, distortion, or 84___.*...... ICC-106A500,106A500X, Note 12. ' ICC-105A300-W, Note 9. other defect. Each outside shipping con­ 80...... ICC-106A500^106A500X, Notes 12 and 20. tainer must be plainly marked “Inside 82 ICC-105A300-W, Note 9. 105 ___ ICC-106A500,106A500X, 110A500-W, Note 12. containers comply with prescribed speci­ 110 ______IC C-105 A300-W. fications,” 125-...... ICC-106A500,106A500X, 110A500-W, Note 12. 60...... ICC-106A500, 106A500X. * * * ♦ * 62 ICC-105A300-W, Note 9. ICC-107A. 4. In §73.314 amend paragraph (a) ICC-106A500, 106A500X. and the entire table thereto; amend ICC-105A100AL-W, 105A300-W, 109A100AL- W, Note 5. Notes 8, 11, 12, and 18 to paragraph (a) Nitrogen fertilizer sc^ution (pressure not exceed­ IC C-105A100AL-W. table; add Note 20 to paragraph (a) ing 75 pounds per square inch at 105° F.). table; amend paragraph (b)' (19 F. R. 110...... ICC-106A800NCI, Notes 12 and 17. 124—.:...... IC C-105 A300-W, Note 15. 8528, Dec. 14, 1954) (21 F. R. 4565, June IOC-107A. 26,1956) (21 F. R. 7602, Oct. 4, 1956> (20 ICC-106A500,106A500X, Notes 12 and 19. ICC-110A500-W, Note 19. J- R. 4417, June 23, 1955) (21 F. R. 9357, IC C-105 A300-W, Note 19. Nov. 30, 1956) (16 F. R. 9377, Sept. 15, 125—...... ICC-106A500,106A500X, 110A500-W, Note 12. ICC-105A300-W. 1951) (19 F. r . 3261, June 3,1954) to read 115...... ICC-106A500, 106A500X, Note 12. as follows: 115 i . ICC-llOAöOO^W. 120...... IC C-105A300-W, Note 9. § 73.314 Compressed gases in tank 57 . j. ICC-106A500,106A500X. IC C-105 A300 -W , Note 9.59 . _____ ICC-105A300-W, Note 9.59 2 » : (a) Compressed gases must not be 84 ______ICC-106A500,106A500X, Note 12. snipped in tank cars except as provided 87...... ICC-105A300-W, Note 9. *? Paragraphs (b) to (f) of this section 68 ______ICC-105A100,105A100-W, 105A300-W, Note 9. * 73.432, and in the following table: *■ * * • * ^TTse of existing cylinders authorized, bu1 Note 8: For tank cars of other than ICC-106A (§ 78.275 of this chapter) type, used w construction not authorized. for shipping chlorine, tests prescribed in § 73.31 must be made at intervals of 2 years' or 1138 PROPOSED RULE MAKING less and interior pipes of liquid discharge valves must be equipped with check valves o f. (h) * * * approved design. * * * • * Permitted Note 11: Before an ICC-105A500W or ICC-105A600W (§§ 78.288 or 78.289 of this chapter) Kind of gas gauging tank car may be used for the transportation of liquefied carbon dioxide, the following device requirements must be met: Tank must be lagged with an approved insulation material of a thickness so that the thermal conductance is not more than 0.03 B. t. u. per square foot A d d per degree P. differential in temperature per hour; except that the insulation thickness directly over the center sills may be reduced to give a thermal conductance not exceeding None 0.04 B. t. u. per square foot, per degree P. differential in temperature per hour; this reduction is to permit an anchorage which must not exceed'seven (7) inches from top of ♦ * * * * center sills to bottom of tank. Tank must be equipped with one safety valve of approved /j\ * * * design set to open at a pressure not exceeding three-fourths of the test pressure of the (2) * * * tank and one frangible disc device of approved design set to function at a pressure less than the test pressure of the tank. The discharge capacity of each of these safety devices Minimum must be sufficient to prevent building up of pressure in tank in excess of three-fourths start-to-dis- of the test pressure of the tank. Tank must be equipped with two (2) pressure-regulating ; Kind of gas charge pres­ sure valves of approved design, set to open at a pressure not to exceed 350 pounds per square (p. s. i. g.) inch or seven-tenths of the test pressure of the tank. Each regulating valve and safety device must have its final discharge piped to the outside of the protective housing. A d d N ote 12: Tanks complying with specification 106A500 or 106A500X (§ 78.275 of this chapter) containing chlorine, anhydrous ammonia, sulfur dioxide, methyl chloride, methyl 250 mercaptan, dichlorodifluoromethane, monochlorodifluoromethane, monochlorotetrafluoro- ethane, vinyl chloride, inhibited, difluoroethane, difluoromonochloroethane, dispersant gas, * * * * * n. o. s., refrigerant gas, n. o. s., dichlorodifluoromethane and difluoroethane mixture (constant boiling mixture), diohlorodifluoromethane-monofluorotrichloromethane mixture, SUBPART G— POISONOUS ARTICLES; trifluorochloroethylene, dichlbrodifluoromethane-dichlorotetrafluoroethane mixture, dichlo- DEFINITION AND PREPARATION rodifluoromethane-trichlorotrifluoroethane mixture, dichlorodifluoromethane-monochloro- 4. Add § 73.337 (15 P. R. 8334, Dec. 2, difluoromethane mixture, or dichlorodifluoromethane-trichloromonofluoromethane-mono- 1950) to read as follows: chlorodifluoromethane mixture; tanks complying with specification 110A500W (§ 78.293 of this chapter), containing dichlorodifluoromethane, monochlorodifluoromethane, dichloro- § 73.337 Nitric oxide, (a) Nitric oxide difluoromethane-monofluorotrichloromethane mixture, dichlorodifluoromethane-dichloro- must be packed in specification contain­ tetrafluoroethane mixture, dichlorodifluoromethane-trichlorotrifluoroethane mixture, di- ers as follows: chlorodifluoromethane-monochlorodifluoromethane mixture, dichlorodifluoromethane-tri- (1) Spec. 3A, 3AA, or 3E1800 (§ 78.36, chloromonofluoromethane-monochlorodifluoromethane mixture, dispersant gas, n. o. s., or § 78.37, or § 78.42 of this chapter) cylin­ refrigerant gas, n. o. s.; tanks complying with specification 106A800 or 106A800X (§ 78.276 ders designed and marked for a service of this chapter), containing hydrogen sulfide; or tanks complying with specification pressure of 1800 pounds per square inch, 106A800NCI (§ 78.295 of this chapter), containing nitrosyl chloride, may be transported on or higher, charged to a pressure of not trucks or semi-trailers only, when securely chocked or clamped thereon to prevent shifting, more than 750 pounds per square inch at and provided adequate facilities are present for handling tanks where transfer in transit 70° P. Cylinders must be equipped with is necessary. See § 74.560 of this chapter, for rail freight-motor vehicle shipments. a valve of stainless steel and valve seat * C • * * . * * of material which will not be deterior­ N ote 18: The maximum quantity of liquefied chlorine gas loaded into tanks mounted ated by contact with nitric oxide or ni­ on one car structure must not exceed 60,000 pounds. Provided, That for single-unit tank trogen dioxide. Containers or valves car tanks having water weight capacities not less than 86,240 pounds nor over 90,640 must not be equipped with safety devices pounds, lagged with 4 inches of corkboard, equipped with one or more safety valves set of any type. Valve outlets must be to open at a pressure of 225 pounds per square inch, the total discharge capacity of which sealed by a solid threaded cap or plug must be sufficient to prevent building up of pressure in the tank in excess of 225 pounds and an inert gasketing material. per square inch, tank Jackets stenciled ICC-105A300W (§ 78.286 of this chapter) and in all other respects constructed and maintained in full compliance with I. C. C. shipping container (2) Spec. 3E1800 (§ 78.42 of this chap­ specification 105A500W (§ 78.288 of this chapter), the quantity of gas loaded into such ter) cylinders must be packed in strong tanks must be not more than 110,000 pounds nor less than 107,800 pounds. wooden boxes of such design as to protect valves from injury or accidental func­ • * * * * tioning under conditions incident to N ote 20: Container shall not be equipped with safety devices of any description. transportation. Each outside shipping, (b) The gas pressure at 105° P. in any lagged tank of tank cars of specs.container must be plainly marked “in­ 105A100, 105A100—W, 105A100AB-W, 105A300AL-W, 105A300-W, 105A400-W, 105A side containers comply with prescribed 500-W, 105A600-W, 109A100AL-W (§§ 7fT.270, 78.285, 78.294, 78.300, 78.286, 78.287, specifications”. 78.288, 78.289, 78.302 of this chapter), and at 130° P. in any unlagged tank of tank cars of specs. 106A500, 106A500X, 106A800, 106A800X, and 110A500-W (§§ 78.275, (3) Spec. 3A and 3AA (§§ 78.36 and 78.276, and 78.293 of this chapter) must not exceed three-fourths times the pre­ 78.37 of this chapter) cylinders must scribed retest pressure of the tank. The gas pressure at 130° P. in any unlagged have their valves protected by metal caps tank of tank cars of the 107A (§ 78.277 of this chapter) series must hot exceed securely attached to the cylinders and of seven-tenths of the marked test pressure of the tank. sufficient strength to protect the valves No change in Note 1. from injury during transit, or by pack­ * * * * - * ing in strong wooden boxes of such de­ 5. In § 73.315 amend paragraph (a) (1) table; amend paragraph Oh) table;sign as to protect valves from injury or amend paragraph Ci) * (2) table (18 P. R. 6780, Oct. 27, 1952) (21 P. R. 3012, May 5, accidental functioning under conditions 1956) as follows: incident to transportation. Each outside shipping container must be piai^ §73.315 Compressed gases in cargo tanks and portable tank containers. (a) * * * marked “inside containers comply with (1) * * * prescribed specifications”. * * * * *

Maximum permitted filling Specification container re­ 2. In § 73.347 add paragraph (a) • density quired (15 P. R. 8335, Dec. 2, 1950) to read as follows: Kind of gas Percent by Minimum Percent by volume (see Type (see design work­ § 73.347 Aniline oil. (a) * *, * weight (see par. (f) of Note 2) ing pressure (7) Spec. 12B (§ 78.205 of this chap­ Note 1) this section) (p. s. i. g.) ter) . Fiberboard boxes with metal ins1“®- containers not over 1 gallon capacity A d d each; not to contain more than 4 sucn Vipvl chloride, inhibited______T_ l'_ 84 See Note 7 . .. . MC-330 ____ 250 inside containers if their capacity 1 greater than 5 pints each. • * * * * ^' * * * Wednesday, February 27, 1957 FEDERAL REGISTER 1139

3. In § 73.377 add paragraph (g), and shipping order, bill of lading, or other (a) chart (21 F. R. 9359, 9360, Nov. 30, (h) (21 P. R. 3013, May 5, 1956) to read shipping paper, in .the lower left-hand 1956) to read as follows: as follows: corner, the following certificate over the • § 74.538 Loading and storage chart of § 73.377 Hexaethyl tetraphosphate written or stamped facsimile signature of explosives and other dangerous articles. mixtures, methyl parathion mixtures, the shipper or his duly authorized agent: (a) * * * parathion mixtures, tetraethyl dithio py­ This is to certify that the above named “2” Propellant explosives, class B, jet rophosphate mixtures, and tetraethyl articles are properly described, and are packed and marked and are in proper condi­ thrust units (jato) class B, igniters, jet pyrophosphate mixtures, dry. * * * tion for transportation according to the thrust (jato), class B, or starter cartridges, (g) Dry mixtures containing more regulations prescribed by the Interstate jet engine, class B than 2 percent but not exceeding 15 per­ Commerce Commission. * * * * * cent by weight of hexaethyl tetraphos­ * * * * * • Does not include nitro carbo nitrate which may be loaded, transported or stored phate, methyl parathion, parathion, (d) In lieu of certificate described in tetraethyl dithio pyrophosphate, or with high explosives or with blasting caps or paragraph (a) of this section, shipping electric blasting caps, and detonating tetraethyl pyrophosphate, and in which papers for bulk shipments made in con­ the liquid is absorbed in an inert ma­ primers. \ tainers owned or controlled by the car­ * * - * , ♦ * terial, in addition to containers pre­ rier may have at the option of the ship­ scribed in paragraphs (a) and (b) of this SUBPART E—HANDLING BY CARRIERS BY per the following certificate over the RAIL FREIGHT section, may be packed in specification written or stamped facsimile signature containers as follows: of t£e shipper or his duly authorized In § 74.589 amend paragraphs (h) (8) (1) Spec. 44B (§ 78.236 of this chap­agent: * and (j) (8) to read as follows: ter). Multi-wall paper bags with inside paper bags, spec. 2D (§ 78.23 of this This is to certify that the above named § 74.589 Handling cars. * * * chapter), not over 5 pounds capacity articles are properly described and are in (h) * * * each. Net weight of material in outside proper condition for transportation accord­ . (8) Open-top car when any of the ing to the regulations prescribed by the In­ lading protrudes beyond the car ends container not over 30 pounds each. terstate Commerce Commission; (h) Dry mixtures containing more or when any of the lading extending than 2 percent but not exceeding 5 per­ and the following certificate over the above the car ends is liable to shift so as cent by weight of hexaethyl tetraphos­ written or stamped facsimile signature to protrude beyond the car ends. phate, methyl parathion, parathion, of the carrier or his duly authorized ♦ * * * * tetraethyl dithio pyrophosphate, or agent: (j) * * * tetraethyl pyrophosphate, and in which This is to certify that the above named (8) Open-top car when any of the the liquid is absorbed in an inert ma­ articles are properly marked and are trans­ lading protrudes beyond the car ends terial, . in addition to containers pre­ ported in a proper container which is in or when any of the lading extending scribed in paragraphs (a), (b), and (g) proper condition for transportation accord­ above the car ends is liable to shift so as of this section, may be packed in speci­ ing to regulations prescribed by the Inter­ to protrude beyond the car ends. fication containers as follows: state Commerce Commission. ***** (1) Spec. 44D (§ 78.238 of this chap­ ter) . Multi-wall paper bags not over 50 P art 74—Carriers by R ail F reight P art 77—Shipments Made by W ay of pounds net weight each. Common Contract, or P rivate Carriers 4. In § 73.393 amend paragraph (i)SUBPART A— LOADING, UNLOADING, PLACARD­ by P ublic H ighway. ING AND HANDLING CARS; LOADING PACK­ (15 P. R. 8340, Dec. 2, 1950) to read as AGES INTO CARS SUBPART A---GENERAL INFORMATION AND follows: REGULATIONS 1. In § 74.526 add paragraph (o) (5) § 73.393 Packing and shielding. * * * (15 F. R. 8346, Dec. 2, 1950) to read as 1. In § 77.819 add paragraph (c) (15 (i) Liquid radioactive materials follows: F. R. 8863, Dec. 2, 1950) to read as Groups I, II or III must, in addition, be follows : packed in tight glass, earthenware, or § 74.526 Loading explosives into cars< other suitable inside containers. The * * * § 77.819 Certificate. * * * inside containers must be surrounded on (O) * * * (c) In lieu of certificate described in all sides by an absorbent material suffi­ (5) Truck body or trailer shall not beparagraph'(a) of this section, shipping cient to absorb the entire liquid contents equipped with fuel tanks, lighted heaters, papers for shipments made in containers' and of such nature that its efficiency will or any automatic heating or refrigerating owned or controlled by the carrier may not be impaired by chemical reaction apparatus. have at the option of the shipper the fol­ with the conténts. Where use of shield­ 2. In § 74.529 amend paragraph (b) lowing certificate over the written or ing is necessary to reduce radiation to (20 F. R. 8106, Oct. 28, 1955) to read as stamped facsimile signature of the ship­ limits prescribed by this section, the follows: per or his duly authorized agent: absorbent cushioning material must be § 74.529 Cars for class B, explosives. This is to certify that the above named Placed within the shield. If the con­ * * * articles* ar«r properly described and are in tainer is packed in a metal container proper condition for transportation accord­ specification 2R (§ 78.34 of this chapter) , (b) Shipments of class B explosives ing to the regulations of the Interstate Com­ or other container approved by the Bu­ (see §§ 73.88 to 73.94 of this chapter) merce Commission. reau of Explosives, the absorbent cush­ must be loaded in a closed car or con­ ioning is not required. tainer car which Is in good condition, 2. In § 77.820 amend paragraph (a) into which sparks cannot enter, and with (21 F. R. 9361, Nov. 30, 1956) to read as StTBPART I—SHIPPING INSTRUCTIONS roof not in danger of taking fire through follows: In § 73.430 amend paragraph (a) ; add unprotected decayed wood. These cars § 77.820 Waybills, manifests, etc. (a) Paragraph (d) (15 F. R. 8343, 8344, Dec. do not require the car certificate but The waybill, manifest, dispatch, memo­ *’ 1950) to read as follows: must have attached to both sides and randum receipt, bill of lading, transfer both ends the “DANGEROUS” placard sheet, or interchange record, when pre­ J ^ -430 Certificate, (a) The shipi prescribed by § 74.552, and the doors if pared for shipments and used for nering for transportation by carri< not tight must be stripped to prevent en­ transferring such shipments to a connec­ y rail freight, highway, water, or a trance of sparks. ny class A or class B explosive and blai ting carrier, must properly describe the * * * * * articles by name as shown in § 72.5 of S caps or electric blasting caps in a SUBPART B— LOADING AND STORAGE CHART this chapter, and show the color or kind quantity, and any flammable liquid, flai of label applied. (See § 77.817.) able solid, oxidizing material, corrosi OF EXPLOSIVES AND OTHER DANGEROUS ~Vnd, compressed gas, or poison, requ ARTICLES SUBPART B—LOADING AND UNLOADING labels, or carloads or truckloads i In § 74.538 paragraph (a) chart, 1. In § 77.834 amend paragraph (g) jjiuring placards, as prescribed by Pa: amend item 2 in vertical and horizontal (15 F. R. 8364, Dec. 2, 1950) to read as of this chapter, must show on t columns; amend footnote e to paragraph follows: 1140 PROPOSED RULE MAKING

§ 77.834 General requirements. * * * methane - trichloromonofluoromethane- § 78.3-9 Tests. * * * (g) Prevent relative motion between monochlorodifluoromethane mixture; (b) * * * containers. Containers of explosives, tanks complying with specification 110A ( 2 ) * * * flammable liquids, flammable solids, oxi­ 500W (§ 78.293 of this chapter), contain­ Note 1: In instances where 99 or less car­ dizing materials, corrosive liquids, acids, ing dichlorodifluoromethane, monochlo- boys are in service during either 6-month compressed gases, and poisonous liquids rodifluorom ethane, dichlorodifluoro­ period of the year it shall be acceptable to or gases, must be so braced as to prevent methane - monofluorotrichloromethane test 10 percent of the total but not less than motion thereof relative to the vehicle mi-xture, dichlorodifluoromethane- 3 carboys on both the side and bottom while in transit. Containers having dichlorotetrafluoroethane mixture, swing. If this provision is used, the reporW valves or other fittings must be so loaded dichlorodifluoromethane - trichlorotriflu- of test results must so state. that there will be the minimum likeli­ oroethane mixture, dichlorodifluorome- * * * * * hood of dajnage thereto during transpor­ thane-monochlorodifluoromethane mix­ 3. In § 78.4-8 amend Note 1 to para­ tation, ture, dichlorodifluoromethane-trichloro- graph (b) (2) (18 P. R. 5274, Sept. 1, * * * ' * * . monofluoromethane - monochlorodifluo- 1953) to read as follows: romethane mixture, dispersant gas, 2. In § 77.835 amend paragraph (e) § 78.4 Specification ID; boxed glass (15 P. R. 8365, Dec. 2, 1950) to read as n. o. s., or refrigerant gas, n. o. s.; tanks follows: complying with specification 106A800 or carboys. 106A800X (§ 78.276 of this chapter), § 78.4-8 Tests. * * * § 77.835 Explosives. * * * containing hydrogen sulfide; or tanks (e) No sharp projections inside truck (b) * * * complying with specification 106A800 ( ) * * * body or trailer. No truck body or trailer, 2 NCI (§ 78.295 of this chapter, contain­ Note 1: In instances where 99 or less car­ transporting any kind of explosive, shall ing nitrosyl chloride, may be transported have on the interior of the body in which boys are in service during either 6-month on ■ trucks or semi-trailers only, when period of the year it shall be acceptable to the explosives are contained, any in­ securely chocked or clamped thereon to test 10 percent of the total but not Jess than wardly projecting bolts, screws, nails, or prevent shifting, and provided adequate 3 carboys on both the side and bottom swing. other inwardly projecting parts likely to facilities are present for handling tanks If this provision^ is used, the report of test produce damage to any package or con­ where transfer in transit is necessary. results must so state. tainer of explosives during the loading See § 74.560 (b) (1) of this chapter. * * * * * ■ or unloading process or in transit, nor shall any truck body or trailer be * * * ♦ * " 4. In § 78.6-10 amend Note 1 to para­ equipped with fuel tanks, lighted heaters, SUBPART C— LOADING AND STORAGE CHART OF graph (b) (2) (18 F. R'. 5274, Sept. 1, or any automatic heating or refrigerating EXPLOSIVES AND OTHER DANGEROUS ARTICLES 1953) to read as follows: apparatus. In § 77.848 paragraph (a) chart, §78.6 Specification 1EX; glass car­ ***** amend item 2 in vertical and horizontal boys in plywood drums. 3. In § 77.838 amend paragraph (f) (21 columns; amend footnote e to paragraph §78.6-10 Tests. * * * P. R. 4434, June 23, 1956) to read as (a) chart (21 P. R. 9362, 9363, Nov. 30, (b) . * * * follows: 1956) to read as follows: (2) * * */ § 77.838 Flammable solids and oxidiz­ § 77.848 Loading and storage chart of Note 1: In instances where 99 or less car­ ing materials. * * * explosives and other dangerous articles. boys are in service dinring either 6-month (f) Nitrates listed in § 73.182 (b) of (a) * * * period of the year it shall be acceptable to this chapter, must‘be loaded in closed or test 10 percent of the total but not less than h «<2» propellant explosives, class B, jet thrust 3 carboys on both the side and bottom swing. open type motor vehicles which must be units (jato) class B, igniters, jet thrust If this provision is used, the report of test swept clean and be free of any projec­ (jato), class B, or starter cartridges, jet en­ results must so state. tions capable of injuring bags when so gine, class B - ***** packaged. When shipped in open type ***** motor vehicles the lading must be suit­ e Does not include nitro carbo nitrate 5. In § 78.7-8 amend Note 1 to para­ ably covered. Ammonium nitrate, am­ which may be loaded, transported or stored graph (b) (2) (18 P. R. 5274, Sept. 1, monium nitrate (organic coating), am­ with high explosives or with blasting caps or 1953) to read as follows: monium nitrate fertilizer, containing 90 electric blasting caps, and detonating § 78.7 Specification IE; glass cdrboys percent or more ammonium nitrate with primers. in plywood drums. ^no organic coating, and guanidine ni­ * * * * * trate must not be loaded in all metal § 78.7-8 Tests. * * * vehicles, other than those of aluminum (b> * * * or aluminum alloys, of the closed type. P art 78—S hipping Container (2) * * * S pecifications (See § 77.823 (a) (4) and (5).) Note 1: In instances where 99 or less car­ SUBPART A— SPECIFICATIONS FOR CARBOYS, boys are in service during either 6-month 4. In § 77.840 amend paragraph (c) JUGS IN TUBS, ÄND RUBBER DRUMS period of the year it shall be acceptable to (21 P. R. 7604, Oct. 4, 1956) to read as test 10 percent of the total but not less than follows: * 1. § 78.1-9 amend Note 1 to paragraph 3 carboys on both the aide and bottom swing. (b) (2) (18 P. R. 5274, Sept. 1, 1953) to If this provision is used, the report of test § 77.840 Compressed gases. * * * read as follows: (c) Tanks complying with specifica­ results must so state. tion 106A500 or 106A500X (§ 78.275 of § 78.1 Specification 1A; boxed car­ ***** this chapter) containing chlorine, anhy­ boys. SUBPART C— SPECIFICATIONS FOR CYLINDERS drous ammonia, sulfur dioxide, methyl § 78.1-9 Tests. * * * 1. In § 78.36-16 amend paragraph <«> chloride, methyl mercaptan, dichloro- (b) * * * (X) (15 P. R. 8382, Dec. 2,1950) to read as difluoromethane, monochlorodifluoro- (sb * * * methane, monochlorotetrafiuoroethane, follows: vinyl chloride, inhibited, difluoroethane, Note 1: In instances where 99 or less car­ § 78.36 Specification 3A; seamless difluoromonochloroethane, d isp e r sa n t boys are in service during either 6-month steel cylinders. period of the year it shaU be acceptable to gas, n. o. s., refrigerant gas, n. a. s., di­ test 10 percent of the total but not less than § 78.36-16 Physical test. * * * chlorodifluoromethane and difluoro­ 3 carboys on both the side and bottom swing. (c) * * * ethane mixture (constant boiling If this provoisioh is _used, the report of test (1) The yield strength shall be deter­ mixture), dichlorodifluorometharie- results must so state. mined by either the “offset” method or mOnofluorotrichloromethane mixture, * * * * * trifiuorochloroethylene, dichlorodifluo- the “extension under load” method as romethane - diehlorotetrafluoroethane 2. In § 78.3-9 amend Note 1 to para« prescribed in ASTM Standard E8-54T. mixture, dichlorodifluoromethane-tri- graph (b) (2) (18 F. R. 5274, Sept. 1, * * * • • chlorotrifluoroethane mixture, dichlo- 1953) to read as follows: 2. In § 78.37-16 amend paragraph (c) rodifluoromethane - monochlorodifluoro- § 78.3 Specification 1C; carboys in (1) (15 P. R. 8385, Dec. 2, 1950) to read methane mixture, or dichlorodifluoro- kegs. as follows: Wednesday, February 27, 1957 FEDERAL REGISTER 1141

§ 78.37 Specification 3AA; seamless . § 78.48 Specification 4; forge welded § 78.50-16 Physical test. * * * steel cylinders, made of definitely pre­ steel cylinders. (g) * *»* (1) The yield strength shall be deter­ prescribed in ASTM Standard E8-54T. mined by either the “offset” method or (1) The yield strength shall be de­ * * * * * termined by either the “offset” method or the “extension under load” method as the “extension under load” method as prescribed in ASTM Standard E8-54T. 11. In § 78.51-15 amend paragraph (c) prescribed in ASTM Standard E8-54T. ***** (1); in § 78,51-20 amend paragraph (a) ***** 9. In § 78.49-16 amend paragraph (c) and table I thereto (15 P. R. 8406, 8407, 3. In §,78.38-16 amend paragraph (c) (1) (15 P. R. 8402; Dec. 2, 1950) to read Dec. 2, 1950) (20 P. R. 954, Feb.'15, 1955) (1) (15 P. R. 8387, Dec. 2, 1950) to read as follows: to read as follows: as follows: - § 78.49 Specification 4A; forge welded § 78.51 Specification 4BA; welded or § 78.38 Specification 3B; seamless steel cylinders. brazed steel cylinders made of definitely prescribed steels. steel cylinders. § 78.49-16 Physical test. * * * § 78.38-16 Physical test. * * * (c) * * * § 78.51-15 Physical test. * * * (C) * * * (1) The yield strength shall be deter­ (C) * * * (1) The yield strength shall be deter­ mined by either the “offset” method or (1) The yield strength shall be deter­ mined by either the “offset” method or the “extension under load” method as mined by either the “offset” method or the “extension under load” method as prescribed in ASTM Standard E8-54T. the “extension under load” method as prescribed in ASTM Standard E8-54T. * * * * , * prescribed in ASTM Standard E8-54T. * * * * * 10. In § 78.50-16 amend paragraph (c) * * * * ♦ 4. In § 78.39-16 amend paragraph (c) (1) (15 F. R. 8404/Dec. 2, 1950) to read § 78.51-20 Authorized steel, (a) Open (1) (F. R. 8389, Dec. 2, 1950) to read as as follows: hearth or eleetric steel of uniform quan­ follows: § 78.50 Specification 4B; welded and tity. The following chemical analyses § 78.39 Specification 3BN; seamless brazed steel cylinders. are authorized. (See footnote 1): nickel cylinders. ~ T able I—Authorized M aterials § 78.39-16 Physical test. * * * (c) * * * Chemical analysis—limits in percent (1) The yield strength shall be deter­ Designation mined by either the “offset” method or 1315 3 * HIS 34 M AY 3 4 NAX-rl * * COR 3 4 NAX-2 3 i 3 the “extension under load” method as prescribed in ASTM Standard E8-54T. Carbon______0 .10/0 .20... 0.12 max. 0.12 max. 0.20 m a x .... 0.12 max. 0.20 max. * * * * * Manganese______.___ 1.10/1.65... 0.50/0.90.. 0.50/1.00-. 0.45/0.75____ 0.20/0.50.. 0.50/1.00. Phosphorus______..... 0.045 max. 0.05/0. Î2.. 0.12 max. 0.045 m a x ... 0.07/0.15.. 0.045 max. 5. In § 78.40-16 amend paragraph (c) Sulfur...... 0.05 m ax.. 1).05 max. 0.05 max. 0.05 max__ _ 0,05 max. 0.045 max, Silicon______0.15/0.35... 0.15 max. 0.10/0.50.. 0.50/0.90..... 0.25/0.75.. 0.50/0.90. (1) (15 P. R. 8391, Dec. 2, 1950)-.to read Chromium....______0.40/1.00.. 0.45/0.70___ _ 0.50/1.25.. as follows: Molybdenum______. . . . -■ 0.08/0.18. Zirconium______0.05/0.25. 0.03/0.15. § 78.40 Specification 3C; seamless N ick el...______0.45/0.75. 0.50/1.00. 0.65 max. .JL...... Copper______0.40 m a x .... 0.95/1.30. 0.20/0.50. 0.25/0.55- 0.25 max. steel cylinders. Aluminum______0.12/0.27. ( ) Heat treatment authorized. (3) 3 (3) (3) (3) (3) - § 78.40-16 Physical test. * * * 35,000.. 35,000.. 35,000.. 35,000. (c) * * * Maximum stress______35,000.'. 35,000... (1) The yield strength shall be de­ termined by either the “offset” method SCX34 4017 3 4 OTY 3 4 3 R D T 3 4 3 4 YOL3434 or the “extension under load” method as Prescribed in ASTM Standard E8-54T. 0.13/0.20...... 0.15 max______0.12 max______0.15 max. 0.60/1 00...... 0.75/1.10...... 0.90/1.40...... 0.50/1.00...... 0.30/0.60. ***** 0.09/0.135...... 0.040 max___ _ 0.04 max. Sulfur 0.04 max______0.050 max_____ 0.05.max. 6. § 78.41-16 amend paragraph (c) (1) 0:15/0.30 0.25/0.35...... 0.10 max______<15 P. R. 8394, Dec. 2, 1950) to read as 0.15/0.50 .. follows:. 0 15/0.35 0*95/0 35 0.10/0.30...... 0.50/1.20...... 1.50/2.00. § 78.41 Specification 3D; seamless n inn/o 50 0.30/0.70___ 0.50/1.00...... 0.75/1.25. steel cylinders. Heat treatment authorized. (3) (3) (3) (3) (3) § 78.41-16 Physical test. * * * 35,000 ...... 35,000...... 35,000...... 35,000...... 35,000. (c) * * * ... (1) The yield strength shall be de­ N o change fir Notes. termined by either the “offset” method * * * * * or the “extension under load” method as § 78.53 Specification 4D; inside con­ Prescribed in ASTM Standard E8-54T. 12. In § 78.52-16 amend paragraph (c) tainers, welded steel for aircraft use. * * * * * (1) (15 F. R. 8410, Dec. 2,1950) to read as § 78.53-9 Wall thickness. * * * follows: (b) Calculation for a sphere must be 7. In § 78.43-16 amend paragraph (c) made by the formula: (1) (15 P. R. 8397, Dec. 2, 1950) to read § 78.52 Specification 4C; welded and _ PD follows: brazed steel cylinders. s= where 4 tE § 78.43 Specification 3A480X; seam- § 78.52-16 Physical test. * * * tess steel cylinders. S=w all stress in pounds per square inch; (c) * * * P = test pressure prescribed for water jacket § 78.43—16 Physical test. * * * (1) The yield strength shall be deter-’ test, i. e., at least two times service (c) * * * pressure, in pounds per square inch; mined by either the “offset” method or D—outside diameter in inches; (1) The yield strength shall be deter- the “extension under load” method as t —minimum wall thickness in inches; tnined by either the “offset” method or prescribed in ASTM Standard E8-54T. E = 0.85 (provides 85 peroent weld efficiency he “extension under load” method as factor which must be applied in the Prescribed in ASTM Standard E8-54T. * . * * * * girth weld area and heat affected zones which zone shall extend a distance of 6 ***** 13. In § 78.53-9 amend paragraph (b ); times wall thickness from center line „ M n § 78.48-16 amend paragraph (e) in § 78.53-15 amend paragraph (e) (1) of weld); (15 P. R. 8399, Dec. 2, 1950) to read <15 F. R. 8412, 8413, Dec. 2, 1950) to read £=1.0 (for all other areas). as follows- as follows: . . • 1142 PROPOSED RULE MAKING

§ 78.53-15 Physical test and specimens 18. In § 78.59-14 amend paragraph (c) (d) Render, complete report for spheres and cylinders. * * * (1) (15 P. R. 8420, Dec. 2,1950) to read (§ 78.68-20) to purchaser; cylinder man­ (e) * * * as follows: ufacturer; and the Bureau of Explosives. (1) The yield strength shall be deter­ mined by either the “offset” *method or § 78.59 Specification 8; steel cylinders § 78.68-5 Aluminum, (a) Shall be of the “extension under load” method as with approved porous filling for uniform quality. The following chemical prescribed in ASTM Standard E8-54T. acetylene. analyses are authorized: * * * * * § 78.59-14 Physical test. * * * T able I—Authorized M aterials 14. In § 78.54-15 amend paragraph (c) ■(c) * * * (1) <15 F: R. 8415, Dec. 2, 1950) to read (1) The yield strength shall be-deter­ Chemical .analysis- as follows: mined by either the “offset” method or Designation limits in percent the “extension under load” method as 51641 § 78.54 Specification 4B240-FLW; prescribed in ASTM Standard E8-54T. welded or welded and brazed cylinders Iron plus silicon______. * * * * * Copper...... with fusion-welded longitudinal seam. Manganese______•__ 19. In § 78.60-16 amend paragraph Magnesium______;______3.1/3.9. § 78.54-15 Physical test. * * * (c) (1) (15 F. R. 8423, Dec. 2, 1950) to Chromium______^______0.15/0.35. (c) * * * Z in c :...... react as follows: Titanium...... (1) The yield strength shall be deter­ Others, each...... mined by either the “offset” method or § 78.60 Specification 8AL; steel cylin­ the “extension under load” method as ders with approved porous filling for Aluminum....______Remainder. prescribed in ASTM Standard E8-54T. acetylene. * # * * * § 78.60-16 Physical test. * * * 1 Analysis shall regularly be made only for the ele­ ments specifically mentioned above. If, however, the 15. In § 78.55-14 amend entire para­ (c) * * *' presence of other elements is indicated in the course of (1) The yield strength shall be deter­ routine analysis, -further analysis should be made to graph (d) ; in § 78.55-16 amend para­ determine conformance with the limits specified for graph (c) (1) (15 P. -R. 8418, Dec. 2, mined by either the “offset” method or other elements. 1950) to read as follows: the “extension under load” method as presQribed in ASTM Standard E8-54T. § 78.68-6 Identification of material. § 78.55 Specification 4B240ET; welded ***** (a) Required; any suitable method that and brazed cylinders made from electric will identify the alloy and manufac­ 20. §§ 78.68 to 78.68^20 to read as turer’s lot number. resistance welded tubing. follows: § 78.55-14 Hydrostatic test. * * * § 78.68-7 Defects, (aY Material with § 78.68 Specification 4E; welded alu­ seams, cracks, laminations or other in­ (d) Cylinders must be tested^ as minum cylinders. follows : jurious defects not authorized. (1) At least one cylinder selected at § 78.68-1 Compliance, (a) Required § 78.68-8 Manufacture, (a) By best random out of each lot of 200 or less shall in all details. processes and methods; dirt and foreign be tested as outlined in paragraphs (a ), » § 78.68-2 Type, size and service pres­ particles to be removed as necessary to (b), anc( (c) of this section to at least sure—(a) Type and size. Must be afford proper inspection; no defect ac­ two times service pressure. welded seamless drawn shells, not more ceptable that is likely to weaken the (2) All cylinders not tested as outlined than two shells, with center circumfer­ finished cylinder appreciably; reasonably in subparagraph (1) of this paragraph ential weld; not over 1,000 pounds water smooth and uniform surface finish re­ must be examined under pressure of at capacity (nominal); longitudinal welded quired; all welding must be by the gas least two times service pressure and show seam not authorized. Cylinders or shells shielded arc process. no defect. closed in by spinning process not * * * * * § 78.68-9 Welding, (a) The attach­ authorized. ment to the tops and bottoms only of § 78.55-16 Physical test. * * * (b) Service pressure* At least 225 to cylinders by welding of neckrings or (c) * * * not over 500 pounds per square inch. (1) The yield strength shall be deter­ flanges, footrings, handles, bosses and § 78.68-3 Inspection by whom and pads and valve protection rings is au­ mined by either the “offset” method or thorized: Provided, That such attach­ the “extension under load” method as where, (a) By competent inspector; chemical analyses and tests as specified ments and the portion of the cylinder to prescribed in ASTM Standard E8-54T. which it is attached are made of weld­ * ■ ■ * * * * to be made within limits of the United States. Interested inspectors are author­ able aluminum alloys. 16. In § 78.56-15 amend paragraph (c) ized. • (1) (19 P. R. 1282, Mar. 6, 1954) to read § '78.68-10 Wall thickness, (a) The as follows: - § 78.68-4 Duties of inspector, (a) In­ minimum wall thickness of the cylinder spect all material and reject any material shall be 0.140 inch. In any case, the § 78.56 Specification 4AA480; welded not complying with requirements. minimum wall thickness shall be such steel cylinders made of definitely pre­ (b) Verify chemical analysis of each that calculated wall stress at twice serv­ scribed steels. lot of material by analysis or by obtaining ice pressure shall not exceed the lesser § 78.56-15 Physical test. * * * certified analysis,: Provided, That a cer­ value of either of the following: (c) * * * tificate from the manufacturer thereof, (1) 20,000 pounds per square inch. (1) The yield strength shall be deter­ giving sufficient data to indicate compli­ (2) One-half of the minimum tensile mined by either the “offset” method or ance with requirements, is acceptable strength of the material as required in the “extension under load” method as when verified by check analysis of sam­ § 78.68-15. prescribed in ASTM Standard E8-54T. ples taken from one aluminum cylinder (b) Calculation must be made by the * * * * * out of each lot of 200 or less. formula: _ IP( 1.32>2+0.4d2) 17. In § 78.58-18 amend paragraph (e) (c) Verify compliance of cylinders with all requirements including mark­ - - LP—d* (1) (21 F. R. 7609, Oct. 4, 1956) to read where , - as follows: ings ; inspect inside before closing in both ends; verify properties as proper; obtains S = wall stress in pounds per square incn. § 78.58 Specification 4DA; inside con­ P =minimum test pressure prescribed fo samples for all tests and check chemical water Jacket test; tainers, welded steel for aircraft use. analysis; witness all tests; verify threads D=outside diameter in inches; § 78.58-18 Physical test and specimens by gauge; report volumetric capacity, d =inside diameter in inches. for spheres and cylinders. * * * tare weight (see report form) and wall thickness as approved. (c) Minimum thickness of heads and (e) * * * bottoms shall not be less than the min­ (1) The yield strength shall be deter­ 1 The “service pressure” limits the use of imum required thickness of the side wall. mined by either thè “offset” method or the cylinder. It is shown by marks on cylin­ the “extention under load” method as ders; for example ICC-4E240 indicates the § 78.68-11 Opening in cylinder. <*> prescribed in ASTM Standard E8-54T. service pressure as 240 pounds per square All openings must be in the heads o ♦ * * * * ¿nch. bases. • Wednesday, F ebru ary 27, 1957 FEDERAL REGISTER 1143

(b) Each opening in cylinders, except be flattened. Grip ends may be flattened Acceptable cylinders must pass all pre­ those for safety devices, must be provided to within 1 inch of each end of the re­ scribed tests. with a fitting, boss, or pad, securely at­ duced section. When size of cylinder § 78.68-19 Marking, (a) Marking on tached to cylinder by welding by inert gas does not permit securing straight speci­ each cylinder by stamping plainly and shielded arc process or by threads. If mens, the specimens may be taken in permanently on shoulder, top head, neck threads are used, they must comply with any location or direction and may be or valve protection colliar which may be the following: straightened or flattened cold, by permanently attached to the cylinder and (1) Threads must be clean-cut, even, pressure only, not by blows; when speci­ forming an integral part thereof, as fol­ without checks and cut to gauge. mens are so taken and prepared, the lows: (2) Taper threads to be of length not inspector’s report must show in connec­ (1) ICC-4E followed by the service less than as specified for American tion with record of physical test detailed , pressure (for example, ICC-4E240). Standard taper pipe threads. • infprmation in regard to such specimens. (2) A serial number and an identify­ (3) Straight threads, having at least Heating of specimen for any purpose is ing symbol (letters); location of symbol 4 engaged threads, to have tight fit and not authorized. to be just below the serial number. The calculated shear strefigth at least 10 (c) The yield strength in tension shall symbol and numbers must be those of the times the test pressure of the cylinder; jse the stress corresponding to a perma­ purchaser, user, or maker. The symbol gaskets required, adequate to prevent nent strain of 0.2 percent of the gauge must be registered with the Bureau of length. Explosives. (c) Closure of fitting, boss, or pad must (1) The yield strength shall be deter­ (3) Inspector’s official mark, near be adequate to prevent leakage. mined by the “offset” method as pre­ serial number; date of test (such as 5-50 scribed in ASTM Standard E8-54T. § 78.68-12 Safety devices and pro­ for May 1950), so placed that date of sub­ (2) Cross-head speed of the testing sequent test can be easily added. tection for valves,'safety devices, and machine shall not exceed % inch other connections if applied, (a) Must (4) Size of mark$. Shall be at least per minute during yield strength Yt inch high.» be as required by the Interstate Com­ determination. merce Commission regulations thstt apply § 78.68-20 Inspector’s report, (a) Re­ (See §§ 73.34 Cf), 73.124 (a), and 73.301 § 78.68-16 Acceptable results for quired to be clear, legible, and in follow­ (i) of this chapter). physical tests, (a) Elongation at least ing form: 7 percent for 2 inch gauge length; yield (Place) ______§ 78.68-13 Hydrostatic test, (a) Each strength not over 80 percent of tensile (Date) ______cylinder by water-jacket, or other suit­ strength. able method, operated so as to obtain Gas cylinders' accurate data. Pressure gauge must per­ § 78.68-17 Weld tests, (a) Reduced Manufactured fo r______Company section tensile test. A specimen shall Location a t______i______mit reading to accuracy of 1 percent. Manufactured by______- Company- Expansion gauge must permit reading be cut from the cylinder used for the Location a t___.______of total expansion to accuracy either of physical tests specified in § 78.68-15. Consigned to ______•__Company 1 percent or 0.1 cubic centimeter. Specimen shall be taken across therseam, Location a t______(b) Pressure of 2 times service pres­ edges shall be parallel for a distance of Quantity______sure must be maintained for 30 seconds approximately 2 inches on either side of S ize___inches outside diameter by -—_ and sufficiently longer to insure complete the weld. The specimen must be frac­ inches long tured in tension. The apparent breaking Marks stamped into the shoulder of the expansion. Any internal pressure ap­ cylinder are: plied previous to the official test must not stress calculated on the minimum wall Specification ICC______-______-—- exceed 90 percent of the test pressure. thickness must be at least equal to 2 times Serial numbers____t o _____ inclusive. If, due to failure of the test apparatus, the stress calculated under § 78.68^10 Inspector’s mark______the test pressure cannot be maintained, exclusive of grip ends, must not Repair of welded seams is authorized. and cylinders accepted were found to be in No. 39-----5 1144 PROPOSED RULE MAKING compliance with the requirements of that R ecord op Chemical. Analysis of Material specification. Records thereof are attached for Cylinders Nominal Minimum hereto. Gauge No. thickness 1 thickness * Numbered______to ______inclusive. (inch) * (inch) I hereby certify that all of these cylinders S iz e ______inches outside diameter by proved satisfactory in every way and comply ______inches long. with the requirements of Interstate Com­ 13______0.0897 0.0817 Made b y __:_____ Company 14______merce Commission specification No. 4E ex­ For ------Company .0747 .0677 cept as follows : 16 ______.0598 .0533 Note: Any omission of analyses by heats, 18...... 0478 .0428 Exceptions: ______if authorized, must be accounted for by 20...... 0359 \ .0324 notation hereon reading “The prescribed 22...... 0299 1 .0269 (Signed) ------»------certificate of the manufacturer of material Inspector. has been secured, found satisfactory, and 1 Thickness shall be measured at any point on the (Place) ______placed on file,” or by attaching a copy of the sheet not less than inch from an edge. (Date) ______certificate. 2. Cancel entire § 78.81-4; in § 78.81-7 paragraph (a) table, amend the 3d Cylinders repre- Chemical analysis Test No.. Check analysis No. señted (Serial. column heading; add paragraph (b) to Nos.) § 78.81-7 (15 F. R. 8433, Dec. 2, 1950) Ma MCh Co Mn Zi Ir Al to read as follows: § 78.81 Specification 5A; steel barrels or drums. § 78.81-4 [Canceled] The analyses were made b y ______' § 78.81-7 Parts and dimensions, (a) (Signed)______’ (Place)______. (D a te)______Minimum thickness, un­ coated sheets (gauge) R ecord op P hysical T ests op Material for Cylinders Numbered______t o ______inclusive. Body sheet Head sheet S iz e ------inches outside diameter b y ______inches long Made b y ------;------Company F or------Company (b) Steel sheets of specified gauges shall comply with the following: - Cylinders Yield Tensile Elongation, Reduction Burst test . Test No. represented strength strength (percent in of area Flattening (pounds per Nominal Minimum by test (pounds per (pounds per 8 inches) (percent) test square inch) Gauge No. thickness 1 thickness) (Serial Nos.) square inch) square inch) (inch) (inch)

12 ..... 0.1046 0.0946 13_____ .0897 • ' .0817 14...... 0747 .0677 16...... ' .0598 .0533

(Signed) ______1 Thickness shall be measured at any point on the sheet (Place) •___.______not less than % inch from an edge. (Date) 3. Cancel entire § 78.82-4; in § 78.82-7 R ecord op H ydrostatic T ests on Cylinders paragraph (a) table, amend the 3d Numbered____ r___ t o ______, inclusive. column heading; add paragraph (b) to S iz e ------,------inches outside diameter by ______inches long § 78.82-7 (15 F. R. 8434, Dec. 2, 1950) to Made b y ------.------Company read as follows: For ------,------j* ------Company § 78.82 Specification 5B; steel barrels or drums. Serial numbers Actual test Permanent Percent ratio of cylinders pressure Total expan­ expansion of permanent Tare weight Volumetric § 78.82-4 [Canceled] tested arranged (pounds per sion (cubic (cubic centi­ expansion (pounds)2 capacity3 numerically square inch) centimeters)1 meters) * to total § 78.82-7 Parts and dimensions. expansion1 (a) Minimum thickness, fin- coated sheets (gauge) Body sheet Head sheet N ote: When specifications require test for only 1 out of each lot of 200 ot less cylinders, the check on the others must be indicated by a notation hereon reading, “ Each cylinder was subjected to a pressure o f ______pounds per square inch and showed no defect.”- (b) Steel sheets of specified gauges 1 If the tests are made by a method involving the measurement of the amount of liquid forced into the cylinder shall comply with the following: by the test pressure, then the basic data, on which the calculations are made, such as the pump factors, temperature of liquid, coefficient of compressibility of liquid, etc., must also be given. 2 Do not include removable cap but state whether with or without valve. These weights must be accurate to a Minimum tolerance of 1 percent. • Nominal Gauge No. thickness * thickness1 2 Report approximate maximum and minimum volumetric capacity for the lot. ' (inch) (inch) (Signed).,..,...... SUBPART D— SPECIFICATIONS FOR METAL 0.0817 § 78.80-7 Parts and dimensions, (a) 13 . . . ______0.0897 .0677 BARRELS, DRUMS, KEGS, CASES, TRUNKS * * * 14 ______.0747 .0533 16 ______.0598 .0428 AND BOXES 18 ______.0478 .0359 .0324 1. Cancel entire § 78.80-4; in § 78.80-7 Minimum thickness, un* 9ft ______'.0269 99 ______.0299 .0209 paragraph (a) table, amend the 3d col­ ' coated sheets (gauge) 94 ______.0239 umn heading; add paragraph (b) to ------§ 78.80-7 (15 P. R. 8432, Dec. 2, 1950) to Body sheet Head sheet 1 Thickness shall be measured at any point on t read as follows: sheet not less than inch from an edge. § 78.80 Specification 5; steel barrels or 4. Cancel entire § 78.83-4; in § 78.83-7 drums.' (b) Steel sheets of specified gauges paragraph (a) table, amend the § 78.80-4 [Canceled] shall comply with the following: column heading; add paragraph (d)

/ Wednesday, F ebru ary 27, 1957 FEDERAL REGISTER 1145 § 78.87 Specification 5H; steel barrels §78.83-7 (15 P. R. 8435, Dec. 2, 1950) Nominal Minimum (18 P. R. 5274, Sept. 1, 1953) to read or drums, lead lined. Gauge No. thickness 1 thickness 1 as follows: § 78.87-4 [Canceled] (inch) (inch) § 78.83 Specification 5C; steel barrels § 78.87-7 Parts and dimensions. 19 ___ Ó. 1046 0.0946 or drums. (a) * * * 13 .0897, .0817 14...... 0747 .0677 § 78.83-4 [Canceled] lfi ____ .0698 • .0533 Minimum thickness, un­ § 78.83—7 Parts and dimensions. coated sheets (gauge) 1 Thickness shall be measured at any point on the (a) * * * sheet not less-than inch from an edge. Body sheet Head sheet Minimum thickness, un­ (c) Lining. Required; of aluminum coated sheets (gauge) 99 percent pure; thickness 0.12"; all seams welded. It shall have reasonably Body sheet Head sheet (b) Steel sheets of specified gauges shall comply with the following: good fit in outside drum and be arranged so that extensive movement therein will beprevented. (b) Steel sheets of specified gauges Nominal Minimum shall comply with the following: Gauge No. thickness 1 thickness 1 10. Cancel entire § 78.92-4; amend en­ (Inch) (inch) tire § 78.92-6 (15 F. R. 8442, Dec. 2,1950) to read as follows: Nominal Minimum 12 ______0.1046' 0.0946 Gauge No. thickness 1 thickness 1 13 . . . . . ______.0897 .0817 § 78.92 Specification 5P; lagged steel (inch) (inch) 14...... —. .0747 .0677 16 ______.0598 .0533 drums. 13...... 0.0897 0.0817 § 78.92-4 [Canceled] 14...... 0747 .0677 1 Thickness shall be measured at any point on the .0598 .0533 sheet not less than H inch from an edge. *§ 78.92-6 Parts and dimensions, (a) 18...... 0478 .0428 20...... ______.0359 .0324 Parts and dimensions as follows:

§ 78.98-5 (15 P. R. 8443, Dec. 2, 1950) to (b) Steel sheets of specified gauges 15. C ancel entire §78.101-4; in read as follows: shall comply with the following: § 78.101-5 amend the entire table in par­ J 78.98 Specification 6B; steel barrels agraph (a); add paragraph (b) to or drums. ‘ Nominal Minimum §78.101-5 (15 P. R. 8445, Dec. 2, 1950) Gauge No. thickness 1 thickness1 (21 P. R. 675, Jan. 31, 1956) to read as § 78.98-4 [Canceled] (inch) (inch) follows:. § 78.98-5 Parts and dimensions. 15...... 0.0673 0.0603 § 78.101 Specification 6K; steel bar­ (a) * * * 16...... 0598 .0533 rels or drums. i s . . ; ...... 0478 .0428 Minimum thickness, un­ 19- ___ ...... 0418 .0378 § 78.101-4 [Canceled] coated sheets (gauge) 1 Thickness shall be measured at any point on the sheet § 78.101-5 Parts and dimensions. Body sheet Head sheet not less than H Inch from an edge. (a) * * * '

* * * * * Minimum thickness, un­ Rolling hoops (b) Steel sheets of specified gauges coated sheets (gauge) shall comply with the following: Marked Authorized capacity gross Type of container Minimum not over weight Nominal Minimum (gallons) (pounds) Body sheet Head sheet Type Gauge No. thickness1 thickness1 Size (gauge Weight (inch) (inch) or inch) (pounds per foot) 12...... 0.1046 0.0946 13...... 0897 .0817 55 v 480 Straight side______.... . * 18 18 H x lH 1.25 14...... 0747 .0677 15...... 0673. .0603 16...... 0598 .0533 18...... 0478 .0428 > Rolled or swedged-in hoops permitted. 1 Thiekness shall be measured at any point on the (b) Steel sheets of specified gauges § 78.116-4 [Canceled] sheet not less than inch from an edge. shall comply with the following: § 78.116-6 Parts and dimensions. 13. Cancel entire § 78.99-4; in § 78.99-5 (a) * * * paragraph (a) table, amend the 4th col­ Nominal Minimum umn heading; add paragraph (b) to Gauge No. thickness 1 thickness 1 § 78.99-5 (15 P. R. 8444, Dec. 2, 1950) to (inch) (inch) Minimum thickness, un­ read as follows: coated sheets (gauge) is _____ 0.0478 0.0428 §. 78.99 Specification 6C; steel barrels Body sheet Head sheet or drums. 1 Thickness shall be measured at any point on the sheet § 78.99-4 [Canceled]- not less.than $6 inch from an edge. § 78.99-5 Parts and dimensions. 16. Cancel en tire §78.115-4; in (b) Steel sheets of specified gauges (a) * * * § 78.115-Q paragraph (a) table, amend shall comply with the following: the 3d column heading; add paragraph (b) to § 78.115-6 (15 P. R. 8447, Dec. 2, Minimum thickness, un­ Nominal Minimum coated sheets (gauge) 1950) (19 F. R. 6274, Sept. 29, 1954) to Gauge No. thickness 1 thickness1 read as follows: (inch) (inch) Body sheet Head sheet § 78.115 Specification* 17C; steel 18...... 0.0478 0.0428 * * * * * drums. 19______.0418 .0378 20...... 0359 .0324 (b) Steel sheets of specified gauges § 78.115-4 [Canceled] 22...... 0299 .0269 24— ____i _ ...... 0239 .0209 shall comply with the following: § 78.115-6 Parts and dimensions. (a) * * * 1 Thickness shall be measured kt any point on the Nominal Minimum sheet not less than H inch from an edge. Gauge No. thickness 1 thickness1 (inch) (inch) Minimum thickness, un­ coated sheets (gauge) 18. C ancel entire §78.117-4; in §78.117-6 amend paragraph (a); in 14. . 0.0747 0.0677 15...... 0673 .0603 Body sheet Head sheet § 78.117-7 paragraph (a) table, amend 10. ______.0598 .0533 the 3d column heading; add paragraph 18 ... .0478 .0428 20...... 0359 .0324 ♦ * * * * (b) to § 78.117-7 (15 P. R. 8449, Dec. 2, 22_____ :. .0299 .0269 1950) (21P. R. 7610, Oct. 4,1956) to read • -, (b) Steel sheets of specified gauges as follows: 1 Thickness shall be measured at any point on the sheet shall comply with the following: not less than inch from an edge. § 78.117 Specification 17F ;I steel drums. 14. Cancel entire § 78.100-4; in Nominal Minimum Gauge No. thickness 1 thickness1 § 78.117-4 [Canceled] § 78.100-5 paragraph (a) table, amend (inch) (inch) the 4th column heading; add paragraph § 78.117-6 Chime reinforcement, (a) (b) to § 78.100-5 (15 P. R. 8444, 8445, 16 ______0.0598 0.0533 Chime reinforcement required to be no* Dec. 2,1950) to read as follows: 18 ...... 0478 .0428 20 ______.0359 .0324 less than 12 gauge (see § 78.117-7 (h))< § 78.100 Specification 6J; steel barrels 24______.0239 .0209 and drums. § 78.117-7 Parts and dimensions. 1 Thickness shall.be measured at any point on the sheet (a) * * * § 78.100-4 [Canceled] not less than % inch from an edge. § 78.100-5 Parts and dimensions. Minimum thickness, un- (a) * * * 17. Cancel en tire §78.116-4; in ‘coated sheets (gauge) § 78.116-6 paragraph (a) table, amend Minimum thickness, un- the 3d column heading; add paragraph Body sheet Headsheet coated sheets (gauge) (b) to § 78ill6-6 (15 F. R. 8448, Dec. 2, 1950) to read as follows: Body sheet Head sheet * * * * § 78.116 Specification 17E; steel (b) Steel sheets of specified gauges * * . * * * drums. shall comply with the following: Wednesday, F ebru ary 27, 1957 FEDERAL REGISTER 1147

(b) Steel sheets of specified gauge (b) Steel sheets of specified gauges Nomina Minimum shall comply with the following: Gauge No.' thickness1 thickness1 shall comply with the following: (inch) (inch) Nominal Minimum 0.1046 0.0946 Nominal Minimum Gauge No. thickness 1 thickness 1 Gauge No. thickness1 thickness1 (inch) (inch) .0598 .0533 (inch) (inch) ' i Thickness shall be measured at any point on the 22...... 0.0299 0.0269 sheet not less than H inch from an edge. 14...... 0.0747 0.0677 24...... 0239 .0209 16 .0598 .0533 26. .0179 .0159 19. Cancel entire § 78.. 118-4; in 18______...... 0478 .0428 28_ .0149 .0129 20 .0359 .0324 § 78.118-6 paragraph (a) table, amend 24 ...... 0239 .0209 the 3d column heading; add paragraph 1 Thickness shall be measured at any point on the (b) to § 78.118-6 (15 P. R. 8450, Dec/ 2, Sheet not less than inch from an edge. 1950) to read as follows: 1 Thickness shall be measured at any point on the sheet not less than % inch from an edge. SUBPART E— SPECIFICATIONS' FOR WOODEN §78.118 Specification 17H; steel BARRELS, KEGS, BOXES, KITS, AND DRUMS drums. 20; C ancel entire §78.119-4; in In § 78.168-3 amend paragraph (a) (15 §78.118-4 [Canceled] § 78.119-6 amend paragraph (a) and F. R. 8460, Dec. 2, 1950) to read as § 78.118-6 Parts dnd dimensions. table (15 F. R. 8450, 8451/Dec. 2, 1950) follows: (a) * * *« to read as follows: § 78.168 Specification 15A; wooden boxes, nailed. Minimum thickness, un- § io-lig Specification 17X; steel coated sheets (gauge) § 78.168-3 Ends, (a) One-piece, or 1barrels or drums. equivalent (see § 78.168-5), or cleated as Remo va - Body Head § 78.119-4 [Canceled] prescribed; joints tongued, grooved, and sheet sheet glued. Style 1 or style 6 boxes may have sheet § 78.119-6 Parts and dimensions, (a) milled depressioiis in each end of box for ♦ ♦ Parts and dimensions as follows: hand-holds, of not more than % inch in .<* * depth and not exceeding one-third of the width of the box, only when ends are of Marked capacity not over (gallons) ...... an 55, lumber at least % inch in thickness. Type of container______1______Straight side. Body sheet: 18 *, SUBPART F— SPECIFICATIONS FOR FIBERBOARD Gauge...... ______- _ Tyne of rolling hoops...... Rolled or swedged in hoops.-. Rolled or swedged in hoops. BOXES, DRUMS, AND MAILING TUBES 1. § 78.206-7 add paragraph (b); in 1 Thickness shall be measured at any point on the sheet not less than 3A inch from an edge. § 78.206-17 amend the introductory text ! 19 gauge steel shall have nominal thickness of 0.0418 inch and minimum thickness of 0.0378 inch. ' 18 gauge steel shall have nominal thickness of 0.0478 inch and minimum thickness of 0.0428 inch. of paragraph (a), and add paragraph (a) (3) (15 F. R. 8477, Dec. 2, 1950) (18 21. Cancel en tire § 78.130-4; in § 78.131-6 Capacities, weights, type, F. R. 5277, Sept. 1, 1953) to read as § 78.130-5 paragraph (a) table, amend and gauges ', (a) * * * follows: the 5th column heading; add paragraph § 78.206 Specification 12C; fiberboard (b) to § 78.130-5 (15 F. R. 8454, Dec. 2, Minimum thickness, un­ 1950) (17 F. R. 4298, May 10, 1952) to coated sheets (gauge) boxes. read as follows: § 78.206-7 Tape. * * * Body sheet8 Head sheet § 78.130 , Specification 37K; steel (b) Tape for closure of slotted con­ drums. tainers complying with the following re­ * i|t * * * quirements is authorized when applied § 78.130-4 [Canceled] (b) Steel sheets of specified, gauges as prescribed in § 78.206-17 (a) (3): § 78.130-5 Parts and dimensions, (a) shall comply with the following.: (1) Tape must be not less than 3 inches wide and shall be made of two sheets of 100 percent sulfate Kraft each Nominal Minimum Minimum thickness, un­ Gauge No. thickness 1 thickness * not less than 30 pounds basis weight, re­ coated sheets (gauge) (inch) (inch) inforced with glass, sisal, or rayon fiber, combined with a laminant of asphalt or Body sheet Head sheet 22 0.0299 j0.0269 other material not affected by tempera­ 24 .0239 .0209 ture extremes any more than would * * * * * 26______.0179 .0159 standard 180° to 200° softening point asphalt. (b) Steel sheets of specified gauges 1 Thickness shall be measured at any point on the sheet shall comply with the following: not less than % inch from an edge. (2) Tape must be reinforced by lengthwise fibers spaced not more than 23. C ancel entire § 78.132-4; in an average of y2 inch apart, and by cross­ Nominal Minimum Gauge No. thickness 1 thickness 1 § 78.132-6 paragraph (a) table, amend wise fibers spaced not less than an av­ 1^- ' (inch) (inch) the 4th column heading; add paragraph erage of 2 per inch except that when a (b) to § 78.132-6 (20 F. R. 4420, June 23, diamond pattern is employed for cross­ 22 0.0299 0.0269 -1.955) to read as follows: wise reinforcement, the spacing between the parallel sides of the diamond meas­ § 78.132 Specification 37B; steel slK>pTn'c^ ess S^ah ho measured at any point on the ured in the machine direction must be Meet not less than % inch from an edge. drums. not more than 1 inch. . 722-Cancel entire §78.131-4; in § 78.132-4 [Canceled] (3) Glass or sisal reinforced tape must have a minimum tensile strength in the th ® paragraph (a) table, amend §78.132-6 Capacities, weights, type, ne 4th column heading; add paragraph machine direction of 75 pounds per inch and gauges, (a) * * * § 78:131-6 (20 F. R. 4419, June 23, of width and a minimum tensile strength (21 p. R 9363 Nov 30 1956> to in the cross direction of 45 pounds per read as follows: Minimum thickness, un­ inch of width; rayon reinforced tape coated sheets (gauge) must have a minimum tensile strength drums*31 Specification 37A; steel Body sheet1 Head sheet in the machine direction of 57 pounds per inch of width and a minimum tensile § 78.131-4 [Canceled] * * * * ♦ strength in the cross direction of 27 1148 PROPOSED RULE MAKING

pounds per inch of width with elongation Tape must extend over the ends of box Railroads Committee on Tank Cars as not exceeding 15 percent. Tensile tests not less than 2 V2 inches. prescribed in § 78.259 (a), (b>, (c) and on the finished product shall be made on ***** (d). a 3-inch width sample. SUBPART I—SPECIFICATIONS FOR TANK CARS § 78.302-1 Type, (a) Tanks built § 78.206-17 Closing for shipment. 1. Amend the heading of § 78.283-8 under this specification must be cylin­ (a) Slotted container, by coating with (21 F. R. 4593, June 26, 1956) to read as drical with heads designed convex out­ adhesive the entire contact surfaces of follows: ward. The tank must be provided with a closing flaps and fill-in pieces, or as pre­ manway nozzle and cover on top of the scribed in subparagraph (1), (2), or (3) § 78.283 Specification ICC-103C-W; tank of sufficient diameter to permit ac­ of this paragraph. fusion-welded alloy steel tanks to be cess to the interior of the tank and to * * * * * mounted on or forming part of a car. provide for the proper mounting of vent­ (3) For slotted containers only, rein­ § 78.283-8 Manway flange, safety ing, loading, unloading, sampling and forced tape complying with the require­ valve flange, and sump flange or other safety valves, ganging device, thermom­ ments of § 78.206-7 (b) is authorized for attachments. * * * eter well and a protective housing on application over the center seam only. 2. In § 78.288^-13 amend paragraph (c) the cover. Tape must extend over the ends of box (21 F. R. 4603, June 26, 1956) to read as § 78.302-2 Lagging, (a) Not a speci­ not less than 2Y2 inches. follows: fication requirement. If applied, the * * * * * § 78.288 Specification ICC-105A-W; tank shell and manway nozzle must be 2. In § 78.207-6 add paragraph (b); lagged with an approved insulation ma­ in § 78.207-17 amend the introductory lagged fusion-welded steel tanks to be mounted on or forming part of a chr. terial. The entire insulation must be text of paragraph (a), and add para­ covered with a metal jacket not less than graph (a) (3) (15 F. R. 8478, Dec. 2, § 78.288-13 Safety valves. * * * Va inch in thickness and efficiently 1950) (18 F. R. 5277, Sept. 1, 1953) to (c) Tanks for use in the transporta­ flashed around all openings so as to be read as follows: tion of liquefied carbon dioxide must be weather tight. § 78.207 Specifications 12D; fiber - equipped with one safety valve of ap­ (b) Before lagging is applied, the tank "board boxes. proved design set to open at a pressure surface and the inside surface of the not exceeding 375 pounds per square inch metal jacket shall be given a protective § 78.207-6 Tape. * * * and one frangible disc device of approved coating. (b) Tape for closure of slotted con­design set to function at a pressure less tainers complying with the following re­ than the test pressure of the tank. The § 78.302-3 Bursting pressure, (a) quirements is authorized when applied as discharge capacity of each of these safety The calculated bursting pressure, based prescribed in § 78.207-17 (a) (3): devices must be sufficient to prevent on the lowest tensile strength of the plate (1) Tape must be not less than 3 building up of pressure in tank in excess and the efficiency of the longitudinal inches wide and shall be made of two of 375 . pounds per square inch. Tanks welded joint, must be*at least 495 pounds sheets of 100 percent sulfate Kraft each must also be equipped with two pressure­ per square inch. not less than 30 pounds basis weight, re­ regulating valves of approved design, set >§ 78.302-4 Thickness of plates, (a) inforced with glass, sisal, or rayon fiber, to open at a pressure not to exceed 350 The wall thickness in the cylindrical por­ combined with a laminant of asphalt or p. s. i. or seven-tenths of the test pressure tion of the tank must be calculated by the other material not affected by tempera­ of the tank. Each regulating valve and following formula: ture extremes any more than would safety device must have its final dis­ standard 180° to 200° softening point charge piped to the outside of the protec­ where asphalt. tive housing. _ Pd (2) Tape must be reinforced by length­ * 2 SB wise fibers spaced not more than an aver­ 3. In § 78.289-13 amend paragraph (c) t = thickness in inches of thinnest plate; (21 F. R. 4605, Jtme 26, 1956) to read as P = calculated bursting pressure pounds age of Yz inch apart, and by crosswise follows: per square inch; fibers spaced not less than an average of d=inside diameter in inches; 2 per inch except that when a diamond § 78.289 Specification ICC-105A600- S =minimum ultimate tensile strength In pattern is employed for crosswise rein­ W; lagged fusion-welded steel tanks to be pounds per square inch as follows: forcement, the spacing between the mounted on or forming part of a car. ASTM B—178 Alloy 996A=9,500 psi. ASTM B-178 Alloy 990A= 11,000 psi. parallel sides of the diamond measured § 78.289-13 Safety valves. * * * in the machine direction must be not ASTM B-178 Alloy MIA=14,000 psi. more than 1 inch. (c) Tanks for use in the transporta­ ASTM B-178 Alloy GR20A= 25,000 tion of liquefied carbon dioxide must be psi. (3) Glass or sisal reinforced tape must equipped with one safety valve of ap­ ASTM B-178 Alloy GS11A=24,000 have a minimum tensile strength in the proved design set to open at a pressure psi. machine direction of 75 pounds per inch not exceeding 450 pounds per square inch ASTM B-178 Alloy GR40A=30,000 of width and a minimum tensile strength and one frangible disc device of approved psi. in the cross direction of 45 pounds per E=efficiency of longitudinal weldea design set to function at a pressure less joint=90 percent. inch of width; rayon reinforced tape than the test pressure of the tank. The must have a minimum tensile strength in discharge capacity of each of these safety (b) The minimum width of bottom the machine direction of 57 pounds per devices must be sufficient to prevent sheet of tank must be 60 inches measured inch of width and a minimum tensile building up of pressure in tank in excess on the arc, but in all cases the width strength in the cross direction of 27 of 450 pounds per square inch. Tanks must be sufficient to bring the entire pounds per inch of width with elongation must also be equipped with two pressure* width of the longitudinal welded join, not exceeding 15 percent. Tensile tests regulating valves of approved design, set including welds, above the cradle. on the finished product shall be made on to open at a pressure not to exceed 350 (c) The thickness of an ellipsoidal a 3-inch width sample. p. s. i. or seven-tenths of the test pres­ head (see § 78.302-7 (b)) shall be deter- sure of the tank. Each regulating valve § 78.207-17 Closing for shipment, (a) and safety device must have its final dis­ mined by the following formula: Slotted container, by coating with ad­ charge piped to the outside of the pro­ _ Pd ' hesive the entire contact surfaces of tective housing. f~2SE rhere closing flaps and fill-in pieces, or as pre­ 4. Add §§ 78.302 to 78.302-20 to read t = thickness of plate in inches; pounds scribed in subparagraphs (1), (2), or (3) as follows: P = calculated bursting pressure, of this paragraph. per square inch; * * • * .* § 78.302 Specification ICC-109A100- d= inside diameter in inches; in AL-W; fu>sion-welded aluminum tanks to S = minimum ultimate tensile stfeng a. (3) For slotted containers only, rein­ be mounted on or forming part of a car. pounds per square inch (see P forced tape complying with the require­ (a) Wherever the word “approved” is graph (a) of this section); , qo ments of § 78.207-6 (b) is authorized for used in this specification it means ap­ E=efficiency of welded joint to sneu- application over the center seam only. proval by the Association of American nprrflnt. Wednesday, February 27, 1957 FEDERAL REGISTER 1149

(d) Minimum thickness of plates and (e) Protective housing of cast or fab­ (4) For bottom washout nozzles that heads shall not be less than % inch. ricated steel, or other approved materials, project 6 inches or more from shell of § 78.302-5 Manway nozzle opening. must be bolted to manway cover. Hous­ tank, a “V” groove must be cut (not (a) Opening in tank for manway nozzle ing must be equipped with a suitable cast) in the upper part of the bottom metal cover that can be securely closed. washout nozzle at a point immediately must be reinforced in an approved Housing cover must have suitable stop below the lowest part of inside closure manner. to prevent cover striding loading or un­ seat to a depth that will leave thickness § 78.302-6 Material, (a) All plates loading connections and be hinged on of nozzle wall at the root, of the “V” not for tank and manway nozzle must be one side only with approved riveted pin over % inch. Where bottom washout made of an aluminum alloy to an ap­ or rod with nuts and cotters. Openings nozzle is not a single piece, arrangement proved specification and be suitable for in wall of housing must be equipped with must be made to provide the equivalent fusion-welding and not subject to rapid screw plugs or other closures. of the breakage groove. deterioration by the lading. § 78.302-12 Venting, loading and un­ (5) The opening in the tank bottom (b) Aluminum alloy castings used for loading, gauging and sampling devices. for the bottom washout nozzle must be fittings or attachment to tank must be reinforced in an approved manner, and made of material to an approved spec­ (a) Venting, loading and unloading valves must be of approved type, made the washout nozzle must be of a thickness ification. to insure that accidental breakage will (c) All external projections which may of metal not subject to rapid deteriora­ tion by the lading, and must withstand occur at or below the “V” groove. be in contact with the lading must be (6) The closure plug must not project made of material «specified herein. a pressure of 100 pounds per square inch without leakage. The valves must be below the “V” groove in the washout § 78.302-7 Tank heads, (a) Tank directly bolted to seatings on manway nozzle. The Closure plug and seat must heads must be of approved contour and cover. Pipe connections of valves must be readily accessible for repairs, includ­ must be ellipsoidal for pressure on the be closed with approved screw plugs ing grinding. concave side. chained or otherwise fastened to prevent (7) Joints between closures and their (b) Ellipsoidal tank head shall be an misplacement. seats may be gasketed with suitable ellipsoid of revolution in which the major (b) Interior pipes of the loading and material. axis shall equal the diameter of the shell unloading valves, sampling valve and § 78.302-14 Safety valves, (a) The and the minor axis shall be Yt of the gauging device may be equipped with tank must be equipped with one or more major axis. excess flow valves of an approved design. safety valves of approved design, made §78.302-8 Welding, (a) All joints (c) Gauging device, sampling valve of metal not subject to rapid deteriora­ must be fusion-welded by a process which and'thermometer well are not specifica­ tion by lading and mounted on manway investigation and laboratory tests by the tion requirements. • When used, they cover. The total valve discharge capac­ Mechanical Division of the Association must be of approved design, made, of ity must be sufficient to prevent building of American Railroads have proved will metal not subject to rapid deterioration up of pressure in tank in excess of 75 produce satisfactory results. Fusion­ by the lading, and must withstand a pounds per square inch. welding to be performed by fabricators pressure of 100 pounds per square inch (b) The safety valves must be set to certified by Association of American without leakage. Interior pipe of ther­ open at a pressure not exceeding 75 Railroads as qualified to meet the re­ mometer well must be anchored in an pounds per square inch. (For tolerance quirements of this specification. All approved manner to prevent breakage see § 78.302-18 (a)). joints must be fabricated by means of due to vibration. The thermometer well § 78.302-15 Fixtures, reinforcements fusion-welding in'accordance with, the must be closed by an approved valve and attachments not otherwise specified. requirements of A. A. R. Welding Code attached close to the manway cover and (a) All attachments to tank and nozzle Appendix W. closed by a screw plug. Other approved arrangements that permit testing ther­ must be applied by approved means. § 78.302-9 Stress relieving, (a) Not mometer well for leaks without complete Heater systems may be applied to ex­ a specification requirement. terior of tank by tank bands or other removal of the closure may be used. approved method. §78.302-10 Tank mounting, (a) § 78.302-13 Bottom outlets, (a) Bot­ § 78.302-16 Closures for openings. The manner in which the tank is sup­ tom outlet for discharge of lading is pro­ ported on and securely attached to the (a) Plugs must.be of approved type, with hibited, but tank may be equipped with standard pipe thread, and of metal not car structure must be approved. a bottom washout of metal not subject (b) The use of rivets as a means of subject to rapid deterioration by the to rapid deterioration by the lading, lading. securing anchor to the tank is prohibited. which must be of approved construction § 78.302-11 Manway nozzle, cover and complying with the following require­ § 78.302-17 Tests of tanks, (a) Each protective housing, (a) Manway nozzle ments : tank must be tested, after anchorage is must be of cast, forged or fabricated alu­ (1) The extreme projection of the bot­ applied and before the tank lagging is minum alloy at least 18 inches inside tom washout must be at least 12 inches applied, by completely filling tank and diameter. Manway nozzle must be of an above top of rail. manway nozzle with water or other liquid approved design and attached to tank (2) Bottom washout nozzle must be of of similar viscosity, having a temperature fusion-welding. Fusion-welding for cast, forged or fabricated metal of good which must not exceed 100 degrees Fahr­ securing this attachment in place must weldable quality in conjunction with the enheit during test, and applying pres­ be of the double Welded butt joint type metal of the tank, and must be applied sure for at least 10 minutes without or double full-fillet lap joint type. by welding. leakage or evidence of distress. d>) Manway cover must be of forged (3) The bottom washout must be de­ (b) Calking of welded joints to stop ?r ^°iied aluminum alloy at least 2Vz signed and constructed with a double leaks developed during the foregoing mches thick, or other approved material closure each capable of withstanding 100 tests is prohibited. Repairs in welded at least 2y4 inches thick, machined to pounds per square inch test pressure and joints must be made as prescribed in approved dimensions. Manway cover 75 pounds per square inch working pres­ § 78.302-8 (a). must be attached to nozzle by through sure without leakage. The inside or top (c) Tests of exterior heater systems wits not entering tank. closure must be such that loss of lading are not a specification requirement. W W * shearing value of the bolts will not occur should the nozzle be § 78.302-18 Tests of safety valves. teaching protective housing to manway broken, and preferably should consist of (a) Each valve must be tested by air or ver must not exceed 70 percent of a plug with a tapered seat so that any gas before being put into service. The WQe~nng va*ue of bolts attaching man- tank pressure will effect tight closure valve must open at a pressure not exceed­ (rtfover i 0. manway nozzle, ing 75 pounds per square inch and be ami ^ joints between manway cover independent of means of securing the u manway nozzle, .and between man- plug. The outside or bottom closure vapor tight at 60 pounds per square inch * C0Ver an<* valves or other appurte- must be a flange with a test plug not which' limiting pressures must not be ticr??es mounted thereon, must be made larger than % inch pipe plug. Flange affected by any auxiliary closure or other sot against vapor pressure. •*, and plug must be chained to prevent loss. combination. 1150 PROPOSED RULE MAKING

§ 78.302-19 Marking, (a) Each tank and the Secretary, Mechanical Division, 73.56; (a), (b), and (f); To provide for must be marked, thus certifying that the Association of American Railroads, a- the transportation of explosive cartridges. report in approved form certifying that 73.65; (e) (3); To provide for the use of tank complies with all the requirements anti-freeze agents other than alcohol for of this specification. These marks must the tank and its equipment comply with shipments of cyclotrimethylenetrinitramine. be as follows: all the requirements of this specifica­ 73.69; (c ); To make marking requirements (1) ICC-109A100AL-W and specifica­ tion. In case of welded repairs to, alter­ consistent with proper shipping name. tion number of material used in tank ations of or additions to tanks or equip­ 73.77; (c ); To provide for the use of anti­ shell and manway nozzle in letters and ment from original design and construc­ freeze agents other than alcohol for ship­ figures at least % inch high stamped tion, all of which must be approved, there ments of pentaerythrite tetranitrate. must be furnished to the same parties, a 73.79; (c>; To make marking requirements plainly arid permanently into the metal consistent with proper shipping name. near the center of both outside heads report in detail of the welded repairs, al­ 73.92; (a ); To provide for the transporta­ of the tank by the tank builder. terations or additions made to each tank tion of starter cartridges, jet engine. ICC109A100AL-W must also be stenciled covered by a particular application, 73.92; (c ); To make marking require­ on the tank, or jacket if lagged, in letters showing the initials and numbers of each ments consistent with proper shipping name; and figures at least 2 inches high by the tank involved. Reports of retests must to provide marking requirements for starter party assembling the completed car. be rendered to the Bureau of Explosives cartridges, jet engine. (2) Initials of tank builder and date and car owner. . 73.100; (r) (8 ); To exempt sparklers, of certain composition, from the regulations. of original test of tank in letters and SUBPART J — SPECIFICATIONS FOR CONTAIN­ 73.108; (a) and (a) (2); To clarify the figures at least % inch high stamped ERS FOR MOTOR VEHICLE TRANSPORTA­ packaging requirements applicable to class plainly and permanently into the metal TION C explosives, and to authorize a gross weight immediately below the stamped marks of 500 pounds for shipments of Very signal specified in subparagraph (1) of this 1. In § 78.325-14 amend paragraph (b) cartridges. paragraph. (20 P. R. 8114, Oct. 28, 1955) to read as 73.113; (c); To make marking require­ (3) Initials of company and date of follows: * ments consistent with proper shipping name. 73.115; (a); To omit reference to flamma­ additional* tests performed by the party § 78.325 Specification MC 304 for ble compressed gas within the definition of assembling the completed car, in those cargo tanks for the transportation of a flammable liquid. cases where the tank builder does not flammable liquids and poisonous liquids 73.118; (a), (b); To delete reference to complete the fabrication of tank, in let­ class B having Reid (ASTM D-323) va­ pressurized flammable liquids, and to pro­ ters and figures at least % inch high por pressures of 18 pounds per square vide exemptions for flammable liquids by stamped plainly and permanently into inch absolute at 100°F. rail express. the metal immediately below the stamped 73.176; (g); Clarifies the exemptions ap­ marks specified in subparagraph (2) of § 78.325-14 Safety devices. * * * plicable to shipments of certain type (b) Relief valve capacity. The re­ matches*. this paragraph by tHe party assembling 73.229; entire section; Clarifies the pack­ the completed car. These marks must quired safety relief valves shall be set to aging requirements for chlorate and borate also be stenciled on the tank, or jacket close after discharge at a pressure not mixtures or chlorate and magnesium chlo­ if lagged, in letters and figures at least lower than 25 pounds per square inch ride mixtures; provides a manufacturing tol­ 2 inches high immediately below the gauge (25 psig), and remain closed at erance for these materials by increasing to stenciled mark specified in subparagraph all lesser pressures, provided that this 28 percent the maximum percentage ex­ (1) of this paragraph by the party as­ requirement shall not be so construed empted from the regulations. sembling the completed car. as to forbid the use of vacuum relief 73.233; (a) (4); To authorize specs. 17H, valves or of combination safety relief 37A, or 37B drums for the transportation of (4) Date on which the tank was last nickel catalyst. • tested, pressure to which tested, place and vacuum relief valves. At a pressure 73.247; (a) (6 ); To authorize additional where test was made and by whom, not exceeding 30 pounds per square inch tank cars for the transportation of certain stenciled on the tank, or jacket if lagged. gauge (30 psig) they shall have a dis­ corrosive liquids. (5) Date on which the safety va4ves charge capacity not less than that of an 73.264; (a) (7); To include reference to were last tested, pressure to which tested, unobstructed opening of one square inch note 5. place where test was made and by (1 sq. in.) for each 35 square feet (35 sq. 73.264; (b) (2); To authorize spec. ft.) of exterior area of the tank or com­ 105A 400-W tank car for the transportation whom, stenciled on the tank, or jacket of hydrofluoric acid. if lagged. partment to which they are connected, 73.266; (c) (7); To authorize spec. 2S con­ (6) When a tank car and its appur­ provided that two or more such valves tainer inside spec. 6J steel barrel or drum for tenances are designed and authorized may be used on the same tank or com­ the transportation of hydrogen peroxide so­ for the transportation of a particular partment to obtain the discharge capac­ lution in water. commodity only, the name of that com­ ity herein required. 73.271; (a) (10), (b); To authorize spec- modity followed by the word “only”, or ♦ * * * 4c 103E-W tank car, and spec. 5C metal barrel or drum for the transportation of phospho­ such other wording as may be required 2. In § 78.331-12 amend paragraph (b) rus trichloride and thiophosphoryl chloride. to indicate the limits of usage of the car, (18 P. R. 6784, Oct. 27, 1953) to read as 73.272; (f ); Percentage of sulfuric acid is must be stenciled on each side of the follows: increased to permit a tolerance in concen­ tank, or jacket if lagged, in letters at trations. least 1 inch high, immediately above the § 78.331 Specification MC 311; cargo 73.272; (f) (2); To authorize specs. IF or stenciled mark specified in subparagraph tanks. 1G polyethylene carboys for the transpor­ (1) of this paragraph. tation of sulfuric acid. v § 78.331-12 Venting, gauging, load­ 73.289; (a) 12); To require 103E-W tanx (7) Water capacity of the tank in ing, and air-inlet devices. * * * cars be made of type 316 stainless steel, ^ pounds stamped plainly and perma­ (b) Gauging, loading and air-inlet de­ remove the stencilling requirement restric nently in letters and figures at least % vices. Gauging, loading, and air-inlet ing 103C-W tank car to formic acid only- inch high into the metal of the tank devices, including their valves, shall be 73.302; (a) (3); To exempt shipments'oi immediately below the mark specified in provided \yith' adequate means for their a solution of materials and compressed gas subparagraph (3) of this paragraph. secure closure, and means shall also be or gases from certain requirements of This mark must also be stenciled on the regulations. ' j. provided for the closing of pipe connec­ 73.306; (b) (1); This paragraph amenub tank, or jacket if lagged, immediately tions of valves. below the dome platform and either the former provisions of (b) (1) which n directly behind or within 3 feet of the Section, Paragraph, and Reason for been included in 73.302 (a) (3). . Amendment 73.306; (b) (2); The provisions of (b) \ > right or left side of the ladder on each have been inserted in (b) (1). side of the tank, in letters and figures 72.5; (a) chart; Provides additions and 73.306; (d); These requirements are ca at least 2 inches high as follows: amendments to keep commodity list on a celed in view of the amendment to < current basis. WATER CAPACITY ^73.312*; (a) (1); To authorize spec- ■ 000000 POUNDS 73.31; (a) table, footnote 11; To permit the use of 30 pound safety vents on certain aluminum cylinder, for the transpor § 78.302-20 Reports, (a) Before a tank cars. if liquefied petroleum gas. tank car is placed in service, the party 73.31; (g) (9) table 1; To provide for the 73.312; (a) (7); To provide additional assembling the completed car must fur­ retesting of spec. 109A100AL-W tank car. packaging requirements for liquefied P nish to car owner, Bureau of Explosives, 73.53; (w); To define explosive cartridges. Wednesday, February 27, 1957 FEDERAL REGISTER 1151

73.314; (a); Eliminates reference to para­ 77.848; (a) chart; To correct a typograph­ 78.68; entire section; To provide fot the graph (g) which was previously canceled. ical error; to clarify that riitro carbo nitrate construction of new spec. 4E aluminum 6 73.314; (a) table; Deletes reference to ob­ may be loaded or stored with electric blasting cylinder. solete tank car specifications; requires tank caps. 78.80- 4; entire section—78.80-7; (a) table, cars transporting liquefied flammable gases to 78.1-9; (b) (2) note 1; To require the test (b) ; To bring the table of gauges for spec. 5 have interior pipes of loading and unload­ of spec. 1A carboys on both the side and drum into conformity with commercial ing valves equipped with excess flow valves bottom swing. - practices. of approved design; subjects shipments of 78.3- 9; (b) (2) note 1; To require the test 78.81- 4; entire section—78.81-7; (a) table,, methyl mercaptan to jiotes 12 and 20; au­ of spec. 1C carboys on both the side and (b); To bring the table of gauges for spec. thorizes specs. 106A500 and 106A500X ton bottom swing. 5A drum into conformity with commercial containers for the transportation of buta­ 78.4- 8; (b) (2) note 1; To require the testpractices. diene; authorizes specs. 105A100AIr-W and of spec. ID carboys on both the side and 78.82- 4; entire section—78.82-7; (a) table, 109A100AL-W for certain commodities. bottom swing. (b); To bring the table of gauges for spec. 73.314; (a) note 8; Corrects reference to 78.6- 10; (b) (2) note 1; To require the test5B drum into conformity with commercial proper section vvhich prescribes tests for of spec. 1EX carboys on both the side and practices. tank cars. bottom swing. 78.83- 4; entire section—78.83-7; (a) table, 73.314; (a) note 11; Deletes reference to 78.7- 8; (b) (2) note 1; To require the test(b)r To bring the table of gauges for spec. obsolete tank car specifications; authorizes of spec. IE carboys on both the side and 5C drum into conformity with commercial a set-to-discharge pressure increase of pres­ bottom swing. practices. sure regulating valves. 78.36- 16; (c) (1); To refer to current ASTM 78.84- 4; entire section—78.84-7; (a) table, 73.314; (a) note 12; To authorize the standard for the determination of the yield (b) ; To bring the table of gauges for spec. motor vehicle transportation of methyl mer­ strength of material in spec. 3A cylinder. 5D drum into conformity with commercial captan in spec. 106A500 or 106A500X steel 78.37- 16; (c) (1); To refer to current ASTMpractices. tanks. standard for the determination of the yield 78.85- 4; entire section—78.85-7; (a); To 73.314; (a) _ note 18; Deletes reference to strength of material in spec. 3AA cylinder. bring gauge requirements for spec. 5F drum obsolete tank car specifications. 78.38- 16; (c) (1); To refer to current ASTMinto conformity with commercial practices. 73.314; (a) note 20; To prohibit safety standard for the determination of the yield 78.87—4; entire section—78.87-7; (a) table, devices of any description on 106A500 or strength of material in spec. 3B cylinder. (b), (c); To bring the table of gauges for 106A500X tanks transporting methyl mer­ 78.39- 16; (c) (1); To refer to current ASTMspec. 5H drum into conformity with com­ captan.' • • " _ ' / ■. ■ ■ ■ standard for the determination of the yield mercial practices. 73.314; (b); To provide maximum pres­ strength of material in spec. 3BN cylinder, 78.89-4; entire section—78.89-6; (a) table, sure limitations for specs. 105A100AL-W and 78.40- 16; (c) (1); To refer to current ASTM(b) ; To bring the table of gauges for spec. 105A300AL-W tank cars. standard for the determination of the yield 5L drum into conformity with commercial 73.315; (a) (1) table, (h) table, (i) (2) strength of material in spec. 3C cylinder. practices. table; To provide for the transportation of 78.41- 16; (c) (1); To refer to current ASTM 78.91- 4; entire section—78.91-7; (a) table, vinyl chloride, inhibited in MC 390 cargo standard for the determination of the yield (b), (c); To bring the table of gauges for tanks. strength of material in spec. 3D cylinder. spec. 5X drum into conformity with com-» 73.337; entire section; To provide for the 78.43-16; (c) (1); To refer to current ASTM mercial practices. transportation of nitric oxide. standard for the determination of the yield 78.92- 4; entire section—78.92-6; entire sec­ 73.347; (a) (7); To authorize spec. 12B strength of material in spec. 3A480X cylinder. tion; To bring gauge requirements for spec. fiberboard box as outside container for the 78.48- 16; (c) (1); To ref er to current ASTM5P drum into conformity with commercial transportation of aniline oil. standard for the determination of the yield practices. 73.377; (g); To authorize spec. 44B mul­ strength of material in spec. 4 cylinder. 78.97- 4; entire section—78.97-5; (a) table, tiwall paper bags for specific concentrations 78.49- 16; (c) (1); To refer to current ASTM(b) ; To bring the table of gauges for spec. 6A of certain -class B poisons, dry mixture. standard for the determination of the yield drum into conformity with commercial 73.377; (h)‘; To authorize spec. 44D mul­ strength of material in spec. 4A cylinder. practices. tiwall paper bags for specific concentrations 78.50- 16; (c) (1); To refer’to current ASTM 78.98- 4; entire section—78.98-5; (a) table, of certain class B poisons, dry mixture. standard fen: the determination of the yield (b) ; To bring the table of gauges for spec, 73.393; (i); To clarify packing require­ strength of material in spec. 4B cylinder. 6B drum into conformity with commercial ments for certain liquid radioactive materials 78.51- 15; (c) (1); To refer to current ASTMpractices. when shielding-is necessary. standard for the determination of the yield 78.99- 4; entire section—78.99-5; (a) table, 73.430; (a), (d); To provide optional cer­ strength of material in spec. 4BA cylinder. (b) ; To bring the table of gauges for spec. 6C tificate to cover shipments made in cargo 78.51- 20; (a) and table I; To provide fordrum into conformity with commercial tanks or other containers not owned or con­ the use of a new alloy steel in spec. 4BA practices. trolled by the shipper. cylinder. 78.100- 4; entire section—78.100-5; (a) 74.526; (o) (5); To prohibit fuel tanks, 78.52- 16; (c) (1); TO refer to current ASTMtable, (b); To bring the table of gauges for lighted heaters, or any automatic heating or standard for the determination of the yield spec. 6J drum into conformity with commer­ refrigerating apparatus on any truck body or strength of material in spec. 4C cylinder. cial practices. trailer containing class A explosives. 78.53- 9; (b); To make the requirements 78.101- 4; entire section—78.101-5(a) table, 74.529; (b); To authorize the use of con­ relating to wall thickness for spec. 4D cyl­ (b) ; To bring the table of gauges for spec. 6K tainer cars for the transportation of class B inder consistent with spec. 4DA cylinder. drum into conformity with commercial explosives. 78.53- 15; (e) (1); To ref er to current ASTMpractices. 74.538; (a) chart; To correct a typographi­ standard for the determination of the yield 78.115- 4; entire section—78.115-6; (a) cal error; to clarify that nitro carbo nitrate strength of material in spec. 4D cylinder. table, (b); To bring the table of gauges for may be loaded or stored with electric blasting spec. 17C drum into conformity with com­ caps. & 78.54- 15; (c) (1); To refer to current ASTM standard for the determination of the yield mercial practices. 74.589; (h) (8 ), (j) (8 ); To permit han- strength of material in spec. 4B240FLW 78.116- 4; entire section—78.116-6; (a) open-top cars with commodities which cylinder. table, (b) ; To bring the table of gauges for l not shift beyond car ends, next to cars of 78.55- 14; (d); To reduce the test pressurespec. 17E drum into conformity with com­ explosives. to twice the service, pressure when spec. mercial practices. 77.819; (c) To provide optional certificate 4B240ET cylinder is tested in accordance with 78.117- 4; entire section—78.117-6; (a) — oth00™ sklPments made in cargo tanks or the modified test. 78.117-7; (a) table, (b) ; To bring the table of t «containers not owned or controlled by 78.55- 16; (c) (1); To refer to current ASTMgauges for spec. 17F drum into conformity the shipper. standard for the determination of the yield with commercial practices. hi-1’820.’ > To make consistent with simi- strength of material in spec. 4B240ET 78.118- 4; entire section—78.118-6; (a) 77 sm.Si°ns oi reSulations. cylinder. table, (b) ; To bring the table of gauges for tJn]' , ' (8 ); To require that containers of 78.56- 15; (c) (1); To refer to current ASTMspec. 17H drum into conformity with com­ Plosives as well as all other dangerous standard for the determination of the yield mercial practices. 116 80 braced as to prevent strength of material in spec. 4AA480 cylinder. 78.119- 4; entire section—78.119-6; (a) ^ thereof, within the vehicle. 78.58- 18; (e) (1); To ref er to current ASTMtable; To bring the table of gauges for spec. Plosivoc i ^ ’ To Pr°bibit the loading of ex- standard for the determination of the yield 17X drum into conformity with commercial with f,S any truck body or trailer equipped strength of material in spec. 4DA cylinder. practices. matio vf1 tanks, lighted heaters, or any auto- 78.59- 14; (c) (1); To refer to current 78.130- 4; entire section—78.130-5; (a) 77 or refrigerating apparatus, ASTM standard for the determination of table, (b) ; To bring the table of gauges for certain authorize the shipment of the yield strength of material in spec. 8 spec. 37K drum into conformity with com­ alum£,ûitrates in all-metal vehicles made of cylinder. mercial practices. 77 8 4 ^ °r alumllulm alloys. 78.60- 16; (c) (1); To refer to current 78.131- 4; entire section—78.131-6; (a) ' transnm-V ?? ’ To authorize the motor vehicle ASTM standard for the determination of table, (b); To bring the table of gauges for cation of methvl mprnantan in snpn. the yield strength of material in spec. 8AL spec, 37A drum into conformity with com­ or 106A500X steel tanks. cylinder. mercial practices. No. 39----- 6 1152 FEDERAL REGISTER 78.132-4; entire section—78.132-6; (a) table, (b); To bring the table of gauges for spec. 37B drum into conformity with com­ NOTICES mercial practices. 78.168-3; (a ); To provide for milled hand­ holds in spec. 15A wooden box. 78.206- 7; (b)—78.206-17; (a), (a) (3); ToDEPARTMENT OF TME INTERIOR fied upon consideration of an applica­ authorize a reinforced tape closure method tion. for spec. 12C flberboard box. Bureau of Indian Affairs 5. At the hour specified on the above- 78.207- 6; (b)—78.207-17; (a), (a) (3); To [Bureau Order 551, Arndt. 29] mentioned effective date, Lot 2 section authorize a reinforced tape closure method 11, shall become subject to application, for spec. 12D flberboard box. B ureau Employees petition, location or selection, under ap­ 78.283-8; heading; To correct a typograph­ GRANTING OF PERMISSION TO TESTIFY IN plicable laws, subject to valid existing ical error. rights, the provisions of existing with­ 78.288- 13; (c); To authorize a set-to-dis­ADMINISTRATIVE OR JUDICIAL PROCEEDINGS charge pressure increase of spec. 105A500-W drawals and the 91 day preference right tank cars in liquefied carbon dioxide service. Order 551, as amended, is further filing period for veterans and others en­ 78.289- 13; (c); To authorize a set-to-dis­amended by addition of a new section titled to preference under the act of charge pressure increase of spec. 105A600-W under the heading Functions Relating September 27, 1944 (58 Stat. 747; 43 tank cars in liquefied carbon dioxide service. to General Matters to read as follows: U. S. C. 279-284), as amended. 78.302; entire section; To provide for the 6. Inquiries relating to the land should construction of new spec. 109A100AL-W tank S ec. 354. Testimony of employees. car. The granting of permission to Bureau be addressed to the Acting Manager, 78.325-14; (b); To authorize a tolerance employees to testify in administrative Eastern States Land Office, Bureau of increase permitted on safety relief valves for or judicial proceedings pursuant to the Land Management, Department of the spec. MC 304 cargo tank. provisions of 43 CFR 2.20. This author­ Interior, Washington 25, D. C. 78.331-12; (b ); To clarify that means shall ity shall not be redelegated. Scholl, be provided for the closing of pipe connec­ H. K. tions of valves. G lenn L. Emmons, Acting Manager. Commissioner. [F.. R. Doc. 57-1471; Piled, Feb. 26, 1957; IP. R. Doc. 57-1007; Piled, Peb. 26, 1957; F ebruary 19,1957. 8:55 a. m.] 8:45 a. m.] [F. R. Doc. 57-1446; Piled, Feb. 26, 1957; 8:46 a. m.] FEDERAL COMMUNICATIONS Alaska COMMISSION amendment of notice of proposed with­ [ 47 CFR Part 19 ] Bureau of Land Management drawal AND RESERVATION OF LAND FOR BUREAU OF PUBLIC ROADS [73403] [Docket No.. 11895] Notice of the proposed withdrawal and F lorida Citizens R adio Service reservation of lands for the Bureau of NOTICE OF FILING OF PLAT OF SURVEY AND Public Roads in the Fairbanks, Alaska EXTENSION OP TIME FOR FILING COMMENTS ORDER PROVIDING FOR OPENING OF PUBLIC area, was published in the F ederal Reg­ LAND ister, December 6, 1956, Volume 21, No. In the matter of amendment of Part F ebruary 21, 1957. 236, page 9683. The area embraced by 19, Citizens Radio Service, to delete the this application which is identified by note in § 19.12. 1. Plat of Dependent Resurvey and Extension Survey to include certain lands the serial number, Fairbanks 013138, has The Commission having under con­ been amended to read as follows: sideration the petition dated February which were erroneously omitted from 14, 1957, filed by Kaar Engineering Cor­ the original survey will be officially filed Harding Lake Area poration in the above-entitled proceed­ in the Eastern States Land Office, Wash­ U. S. Survey No. 2285. ing, requesting an extension of time in ington 25, D. C., effective 10:00 a. m., on which to file comments directed to the •April 2,1957, as described below: Containing 12.*00 acres. Commission’s notice of proposed rule T allahassee Meridian, F lorida L. T. Main, making in this Docket; T. 3 S., R. 16 W., * Acting Operations Supervisor. It appearing, that licensees in the Citi­ Sec. 11, Lots 1, 2, 3, 4, 5; [F. R. Doc. 57-1447; Piled, Peb. 26, 1957; zens Radio Service being individuals not Sec. 12, Lot 3; 8:47 a. m.] organized nationally and thus without Sec. 14, Lots 4, 5, 6. formal representation so that all persons ?. The plat represents a retracement interested in this service -did not obtain and reestablishment of the original sub- knowledge of the rule making proposal divisional lines designated to restore all A laska within the time allowed for comment; corners on the boundaries of sections 11, AMENDMENT OF NOTICE OF PROPOSED WITH­ It further appearing, that the exten­ 12, 13 and 14 in their original location DRAWAL AND RESERVATION OF LAND FOR sion of time would permit development of according to the best available evidence, BUREAU OF RECLAMATION additional data and that the public in­ and the extension survey of lands in terest would be served by an extension; sections 11, 12 and 14, which were Notice of the proposed withdrawal and It is ordered, pursuant to section 0.291 erroneously omitted from the original reservation of lands for the Bureau oi (b) (4), that the time for filing com­ survey and not shown upon the plat ap­ Reclamation in the Anchorage, Alaska ments in the above-entitled proceeding is proved May 22, 1849. The unlotted por­ area, was published in the Federal Reg­ hereby extended from January 24,1957 to tion of section 11, as shown on the ister, May 10, 1956, Volume 21, No. sn, March 8, 1957, and that reply comments original plat, is designated as Lot 5, page 3127. The area embraced by tnis may be filed within ten days from the containing 1.57 acres. application,- which is identified by t extended closing date for original com­ serial number, Anchorage 031529, n»» 3. According to the field notes and as been amended to read as follows: ments. shown by the plat, Lots 1, 3, 4, 5, section Adopted: February 19,1957. 11, Lot 3 section 12, Lots 4, 5, 6, section T ract B 14, are principally swamp and only sub­ Tract of land near the Gold Creek Released: February 19,1957. ject to selection by the State of Florida f the Alaska Railroad, described as iouow • under its swamp land grant. Beginning at a point on the south**® F ederal Communications 4. No application may be allowed for oundary line of the 200 foot right" * . Commission, l the Alaska Railroad which P°Int Lot 2 section 11, under the homestead or . 63° 52' 30" E., 100 feet from the cenw [seal] Mary J ane M orris, small tract or any other nonmineral pub­ Secretary. ne of the main tract at survey 6 lic land law unless the land has been L,902 plus .70.0; ^ [P. R. Doc. 57-1480; Piled, Feb. 25, 1957; classified or valuable or suitable for such Thence N. 26° 07' 30" E., 4/foOj*****^ 2:36 p. m.] type of application or shall be so classi­ Wednesday, February 27, 1957 FEDERAL REGISTER 1153 the main tract to the true point of begin­ officially filed in the Eastern States Land support thereof, has recommended that ning; Office, Bureau of Land Management, it be granted. . Thence southwesterly identical with the Washington 25, D. C., effective at 10:00 Now, upon receipt of the Compliance southeasterly boundary line of said right-of- a. m., on April 1, 1957. Commissioner’s recommendation, after way 500 feet; reviewing and considering the evidence Thence southeasterly at right angles to T hird P rincipal Meridian, Illinois the right-of-way boundary 435 feet; submitted in support of the application, Thence northeasterly parallel with the T. 19 N., R. 7 W., being of the opinion that there is reason­ right-of-way boundary 500 feet; Sec. 1, L o ti. able ground to believe that the respond­ Thence northwesterly at right angles to Containing 47.82 acres. ents have Ordered and caused to be the right-of-way boundary 435 feet to the 2. The plat represents the survey of exported from the United States elec­ point of beginning. the former island area in the Sangamon tronic tubes licensed for exportation to Containing approximately 5.0 acres. River which was not included in the Western Germany and that such tubes original survey of the township which is were diverted to a destination other I t . T. M ain, represented on the plat of survey ap­ than Western Germany and finding Acting Operations Supervisor. proved April 12,1823. further that interrogatories were duly [F. R. Doc. 57-1448; Piled, Feb. 26, 1957; .3. No application may be allowed un­ served on the respondents and that 8:47 a. m.] der the homestead or small tract or any they, without reasonable cause and other nonmineral public land laws unless without adequate explanation, have the land has been classified as valuable failed and refused to answer or furnish written information and documents in Alaska or suitable for such type of application or shall be so classified upon considera­ response to those interrogatories; and, NOTICE OF PROPOSED WITHDRAWAL AND- tion x of an application. having concluded. (a) that this order is RESERVATION OF LANDS ' 4. At the hour specified on the above- reasonable and necessary to protect the The U. S. Forest Service has filed an mentioned effective date, the land shall public interest and to achieve effec­ application, Serial No. Anchorage 029820, become subject to application, petition, tive enforcement of the Export Control location, or selection, under applicable Act of 1949, as amended, and (b) that for the withdrawal of the lands described it is advisable that persons in the United below, from all forms of appropriation laws, subject to valid existing rights, the provisions of existing withdrawals and States and in other parts of the world under the public land laws, including be informed by publication of this order mining and mineral leasing. The appli­ the 91 day preference right filing period for veterans and others entitled to pref­ of the provisions hereafter set forth cant desires the land for administrative so that the respondents may be pre­ site purposes. erence under the act of September 27, 1944 (58 Stat. 747; 43 U. S. C. 279-284), vented from receiving and transshipping For a period of 60 days from the date commodities exported from the United of publication of this notice, persons hav­ as amended. All inquiries relating to the land should States; It is hereby ordered: ing cause may present their objections (1) All outstanding validated export in writing to the undersigned official be addressed to the Acting Manager, Eastern States Land Office, Bureau of licenses in which the respondents appear of the Bureau of Land Management, or participate as purchaser, intermedi­ Department of the Interior, Box 480, Land Management, Department of the Interior, Washington 25, D. C. ate or ultimate consignee, or otherwise, Anchorage, Alaska. are hereby revoked and shall be re­ If circumstances warrant it, a public H. K. SCHCitiL, turned forthwith to the Bureau of For­ hearing will be held at a convenient time Acting Manager. eign Commerce for cancellation; and place, which will be announced. (2) The respondents, their successors The determination of the Secretary on [F. R. Doc. 57-1450; Filed, Feb. 26, 1957; 8:48 a. m.] or assigns, directors, officers, partners, the application will be published in the representatives, agents, and employees, Federal Register. A separate notice will are hereby denied all privileges of par­ be sent to each interested party of record. ticipating directly or indirectly in any The lands involved in the application DEPARTMENT OF COMMERCE are: manner, form, or capacity in an expor­ Bureau of Foreign Commerce tation of any commodity or technical Juneau Su b-Port Area data from the United States to any for­ Beginning at a point N. 490 00' W., approx­ K arl-H einz S paeth and R alux G esell­ eign destination, including Canada. imately 27.3 feet of Corner No. 15 of P. L. O. schaft fuer Elektrotechnik, mbh Without limitation of the generality of 657 on the northwesterly boundary of Execu­ the foregoing, participation in an ex­ tive Order No. 9173 at the intersection with ORDER DENYING EXPORT PRIVILEGES FOR AN portation shall include and prohibit said line 14—15 of P. D. O. 657; INDEFINITE PERIOD Thence along the boundary of P. L. O. 657, Respondents’ and such other persons’ and N. 49° 00' W. 322.3 feet; In the matter of Karl-Heinz Spaeth firms’ participation (a) as a party or as Thence N. 48° 43' E., 163.0 feet; - and Ralux Gesellschaft fuer Elektrotech­ a representative of a party to any vali­ Thence S. 45° 36' E., 216.0 feet; nik, mbH; Roemerstrasse 6, Munich 23, dated export license application; (b) in Thence S. 44° 24' W„ 104.1 feet; Germany; respondents. the obtaining or using of any validated Thence S. 49° 00' E., 91.3 feet to an inter­ or general export license or other export section w ith the northwesterly boundary of The respondents, Karl-Heinz Spaeth Executive Order Nc*. 9173; and Ralux Gesellschaft fuer Elektrotech­ control document; (c) in the receiving, Thence along the northwesterly boundary nik mbH, are the subjects of an investiga­ ordering, buying, selling, using, or dis­ m Executive Order No. 9173, S. 41° 17' W., tion concerning alleged false represen­ posing in any foreign country of any «•8 feet to th e Point of Beginning. tations made to induce the exportation commodities in whole or in part exported from the United States; and (d) in the Containing 0.89 acres, more or less. of electronic tubes from the United States and the possible transshipment financing, forwarding, transporting, or L. T. Main, thereof from a port of intermediate other servicing of exports from the Acting'Operations Supervisor. destination; and the Agent in Charge, United States ; Investigation Staff, Bureau of Foreign (3) This denial of export privileges tp- R. Doc. 57-1449; Filed. Feb. 26, 1957; shall apply hot only to the respondents, 8:48 a. m.] Commerce, has applied for an order denying to the respondents all ex­ but also to any person, firm, corpora­ port privileges for an indefinite period tion, or business organization with which by reason of their alleged failure und they now or hereafter may be related [74548] refusal to respond to written interroga­ by ownership, control, position of respon­ sibility, or other connection in the con­ Illinois tories duly served on them. The appli­ cation was made pursuant to § 382.15 of duct of trade involving exports from the notice of filing of plat of survey and the Export Regulations (15 CFR, Chap­ United States or services connected order PROVIDING FOR OPENING OF PUBLIC ter III, Subchapter B), and, in accord­ therewith; LANDS ance with the practice thereunder, was (4) This order shall be published in F ebruary 20, 1957. referred to the Compliance Commis­ the F ederal R egister, shall be- effective heiA survey °f the land described sioner of the Bureau of Foreign Com­ forthwith and shall remain in effect until w, accepted November 9,1956, will be merce who, after corisidering evidence in the respondents satisfactorily answer or 1154 NOTICES

furnish written information or docu­ Evidence will be received relevant to with the Board for approval pursuant ments in response to the interrogatories whether the applicant or a predecessor to section 15 of the Shipping Act, 1916 heretofore served on them or give ade­ in interest was in bona fide operation as (39 Stat. 733, 46 U. S. C. 814): quate reason for their failure or refusal a common carrier by water in the domes­ Agreement "No. 8155-1, between the to respond, except insofar as this order tic intercoastal service described above City of Oakland, California, and Encinal may be amended or modified hereafter in 1935 over the routes for which appli­ Terminals, modifying Agreement No. in accordance with the Export cation is made and has so operated since 8155, to provide that the final detailed Regulations; that time, except as to interruptions to physical inventory of cargo on terminal (5) No person, firm, corporation, or service over which the applicant or its property leased to Encinal under said other business organization, within the predecessor in interest had no control, agreement shall be taken at the earliest United States or elsewhere, and whether and if not (a) whether granting such ap­ practicable date, but in no event later or not engaged in trade relating to ex­ plication will result in unfair competi­ than June 1, 1957, unless said date shall ports from the United States, shall, with­ tion to any person, firm or corporation be extended by mutual agreement. out prior disclosure of the facts to, and operating exclusively in the coastwise Interested parties may inspect this specific authorization from, the Bureau or intercoastal service or (b) would be agreement and obtain copies thereof at of Foreign Commerce, directly or indi­ prejudicial to the objects and policy of the Regulation Office, Federal Maritime rectly in any manner, form, or capacity the said act. Board, Washington, D. C., and may sub­ (a) apply for, obtain, transfer, or use any All persons (including individuals, mit, Within 20 days after publication of license, shipper’s export declaration; bill corporations, associations, firms, part­ this notice in the F ederal R egister, writ­ of lading, or other export control docu­ nerships, and puSlic bodies) desiring to ten statements with reference to the ment relating„to any exportation of com­ intervene in this proceeding are request­ agreement and their position as to ap­ modities from the United States, or (b) ed to notify the Secretary of the Board proval, disapproval, or modification, to­ order, receive, buy, use, dispose of, fi­ accordingly, and should promptly file gether with request for hearing should nance, transport, forward, or otherwise petitions to intervene in accordance with such hearing be desired. service or participate in an exportation the Board’s rules of practice and from the United States, or in a reexpor­ procedure. Dated: February 20, 1957. tation of any commodity exported from By order of the Federal Maritime the United States, with respect to which Dated: February 21, 1957. Board. any of the persons or companies within By order of the Federal Maritime G eo. A. Viehmann, the scope of paragraphs (2) and (3) Board. Assistant Secretary. hereof have any interest or participa­ G eo A. Viehm ann, tion of any kind or nature, direct or Assistant Secretary. [F. R. Doc. 57-1444; Filed, Feb. 26, 1957; indirect. 8:45 a. m.] [F. R. Doc. 57-1457; Filed, Feb. 26, 1957; (6) A certified copy of this order shall 8:50 a. m.] be served on the respondents by regis­ tered mail. (7) In accordance with the provisions Office of the Secretary of § 382.11 (c) of the Export Regulations, J. R. M ichels, J r., and Loretz & Co. I rving P. M acatjley the respondents may move, at any time STATEMENT OF CHANGES IN FINANCIAL prior to the entry of a final order of sus­ notice “of agreement filed for approval INTERESTS pension, to vacate or modify this indefi­ Notice is hereby given that the follow­ nite denial order by filing an appropriate ing described agreement has been filed In accordance with the requirements application therefor, supported by evi­ with the Board for approval pursuant to of section 710 (b) (6) of the Defense dence, with the Compliance Commis­ section 15, Shipping Act, 1916 (39 Stat. Production Act of 1950, as am en ded, and sioner and they may request oral hear­ 733; 46 U. S. C. 814) : Executive Order 10647 of N ovem ber 28, ing thereon, which, if requested, will be Agreement No. 8188 between J. R. 1955, the following changes h ave taken held before the Compliance Commis­ Michels, Jr., Houston, Texas, and Loretz place in my, financial interests as re­ sioner at Washington, D. C. at the & Company, Los Anglees, California, is a ported in the F ederal R egister of Feb­ earliest possible date. cooperative working arrangement be­ ruary 29, 1956, 21 F. R. 1329. Dated: February 21, 1957. tween the parties under which they per­ A. Deletions: No change. form freight forwarding services for each B. Additions: No change. J ohn Ç. B orton, other. Director, This statement is made as of Febru­ Interested parties may inspect this ary 13, 1957. Office of Export Supply, agreement and obtain copies thereof at [F. R. Doc. 57-1445; Filed, Feb. 26, 1957; the Regulation Office, Federal Maritime Dated: February 14, 1957. 8:46 a-, m.] Board, Washington, D. Ç., and may sub­ I rving P. Macatjley. mit, within 20 days after publication of [F. R. Doc. 57-1465; Filed, Feb. 26, 1957; this notice in the F ederal R egister, 8:54 a. m.] written statements with reference to the Federal Maritime Board agreement, and their position as to ap­ {Docket No. S-57, Sub. No. 2] proval, disapproval, or modification, to­ gether with request for hearing should K enneth C. Allen S tates M arine Lin es such hearing be desired. notice of expanded hearing REPORT OF APPOINTMENT AND STATEMENT OF Dated: February 21,1957. The public hearing currently being FINANCIAL INTEREST Tield upon the application of the States By order of the Federal Maritime Report of Appointment and Statement Marine Corporation and States Marine Board. of Financial Interests required by sec­ Corporation of Delaware • (trading as G eo. A. Viehmann, tion 710 (b) (6) of the Defense Produc­ States Marine Lines) for operating-dif­ Assistant Secretary. tion Act of 1950, as amended. ferential subsidy and for written permis­ [F. R. Doc. 57-1464; Filed, Feb. 26, 1957; Report of Appointment sion under section 805 (a) of the Mer­ 8:54 a. m.] chant Marine Act, 1936, as amended, to 1. Name of appointee: Mr. K en n eth carry domestic intercoastal cargoes, is C. Allen. x nf hereby expanded to consider an amend­ 2. Employing agency: Department ° ment to the application seeking written Cit y of Oakland, Calif, and E ncinal Commerce, Buàiness and Defense £>ei permission under said section 805 (a) T erminals ices Administration. 14 for applicant’s subsidiary, Isthmian 3. Date of appointment: February Lines, Inc., to carry cargoes between notice of agreement for approval 1957 United States Atlantic and Gulf ports Notice is hereby given that the follow­ 4. Title of position: Chief, Busine and Hawaii. ing described agreement has been filed Research & Analysis Branch. Wednesday, February 27, 1957 FEDERAL REGISTER 1155

5. Name of «private employer: Jones Marvin S. Plant proceeding heretofore assigned to be & Laughlin Steel Corporation, Pitts­ held on February 26,1957, has been post­ statement of changes in financial burgh, Penna. INTERESTS poned and will be held on February 28, Carlton Hayward, 1957, at 11:30 a, m. (eastern standard Director of Personnel. In accordance with the requirements time) in Room E-224, Temporary Build­ of section 710 (b) (6) of the Defense Pro­ ing No. 5, Sixteenth Street and Constitu­ January 24, 1957. duction Act of 1950, as amended, and tion Avenue NW., Washington, D. C., Statement of Financial Interests Executive Order 10647 of November 28, before Examiner Barron Fredricks. 1955, the following changes have taken 6. Names of any corporations of which place in my financial interests as re­ Dated at Washington, D. C., February the appointee is an officer or .director or 21,1957. ported in the F ederal R egister of Sep­ within 60 days preceding appointment tember 8, 1956, 21 F. R. 6845-6. [seal] F rancis W. B rown, has been an officer or director, or in - Chief Examiner. which the appointee owns or within 60 A. Deletions: No changes. days preceding appointment has owned B. Additions: No changes. [F. R. Doc. 57-1478; FUed, Feb. 26, 1957; any stocks, bonds, or other financial in­ This statement is made as of February 8:57 a. m.] terests; any partnerships in which the 15, 1957. appointee is, or within 60 days preceding appointment was, a partner; and any Dated: February 18, 1957. FEDERAL POWER COMMISSION other businesses in which the appointee M arvin S. P lant. . [Docket Nos. G-9611, G-9612, G-11355, owns, or within 60 days preceding ap­ G—11356] pointment has owned, any similar [F. R. Doc. 57-1469; Filed, Feb. 26, 1957; interest. 8:55 a. m.] S outhwest Gas P roducing Co., I nc., ET AL. Jones & Laughlin Steel Company. Bank deposits. CIVIL AERONAUTICS BOARD NOTICE CONSOLIDATING PROCEEDINGS FOR PURPOSES OF HEARING AND FIXING DATE Dated: February 14, 1957. [Docket No. 7912] OF HEARING K enneth C. Allen.* F ree B aggage Allowances and Excess F ebruary 20, 1957. [P. R. Doc. 57-1466; Filed*, Feb. 26, 1957; B aggage Charges By orders issued November 2, 1955, in 8:54 a. m.] Docket Nos. G-9611 and G-9612, and NOTICE OF POSTPONEMENT OF HEARING October 31,1956, in Docket Nos. G-11355 In the matter of an investigation to and G-11356, the Commission suspended COURTLANDT F. DENNEY determine whether the baggage pro­ and deferred the use of certain increased visions contained in Rule 16 on 20th Re­ rates for sales of natural gas by South­ STATEMENT OF CHANGES IN FINANCIAL vised Page 30, 35th Revised Page 31, 17th west Gas Producing Company, Inc., et INTERESTS Revised Page 32, 24th Revised Page 33, al. to Texas Eastern Transmission Cor­ In accordance with the requirements 2d Revised Page 34-B and 15th Revised poration, pending a hearing upon a date of section 710 (b) (6) of the Defense Page 35 and excess baggage charges to be fixed by notice from the Secretary, Production Act of 1950, as amended, and shown in Rule 19 on 4th Revised Page 37 concerning the lawfulness of the pro­ Executive Order 10647 of November 28, and 4th Revised Page 38 of Agent J. B. posed increased rates. 1955, the following changes have taken Walker’s C. A. B. No. 27, including subse­ It is appropriate and in the public in­ place in my financial interests as re­ quent revisions and reissues thereof, are, terest that the proceedings in Dockets ported in the F ederal R egister of De­ or will be unjust or unreasonable, un- Nos. G-9611, G-9612, G-11355 and G- cember 3, 1955, 20 F. R. 8938; March 23, justly discriminatory, unduly preferen­ 11356 be consolidated for purposes of 1956, 21 F. R. 1809-10 and August 22, tial, unduly prejudicial, or otherwise un­ hearing. 1956, 21 F. R. 6307. lawful, and if found to be unlawful, to Take notice that, pursuant to the A. Deletions: No change. determine and prescribe the lawful pro­ authority contained in and subject to B. Additions: No change. visions and charges. the authority conferred upon the Fed­ Notice is hereby given that the hearing eral Power Commission by the Natural This statement is made as of Febru­ in the above-entitled proceeding here­ Gas Act, including particularly sections ary 15, 1957. tofore assigned for March 5, 1957, has 4, 5, 14, 15 and 16 and the Commission’s Dated: February 18, 1957. been postponed and will be held on rules of practice and procedure, a public March 19, 1957, at 10:00 a. m. (eastern hearing will be held, commencing on COURTLANDT F. DENNEY. standard time) in Room E-224, Tempo­ April 1, 1957; at 10:00 a. m., e. s. t., in [P. R. Doc. 57-1467; Filed, Feb. 26, 1957; rary Building No. 5, Sixteenth Street and a Hearing Room of the Federal Power 8:54 a. m.] Constitution Avenue NW., Washing­ Commission, 441 G Street, N. W., Wash­ ton, D. C., before Examiner Leslie G. ington, D. C., concerning the matters in­ Donahue. volved and the issues presented in these James F. R eid, S r. Dated at Washington, D. C., February consolidated proceedings. STATEMENT OF CHANGES IN FINANCIAL 21, 1957. Interested State commissions may par­ INTERESTS ticipate as provided by §§ 1.8 and 1.37 [seal] , F rancis W. B rown, 647 of November 28 [seal] J oseph H. Gutride, Dl ’ s blowing changes have taker Secretary. my financial interests as re- [F. R. Doc. 57-1452; Filed, Feb.- 26, 1957; anr on Federal R egister of Febru- [Docket No. 8153] 8:48 a. m.] locft y**56’ 21 F- R. 1330 and August 22 1856> 21 F. R. 6307. K irk K erkorian and Los Angeles Air J-Deletions: No change. S ervice, Inc. INTERSTATE COMMERCE * Additions: No. change. notice of postponement of COMMISSION 9.1957 S^ emerdi is made as of February PREHEARING CONFERENCE [Notice 153] In the matter of the application of M otor Carrier Applications. Dated: February 21, 1957. Kirk Kerkorian and Los Angeles Air Service, Inc., for approval of control and F ebruary 21, 1957. . J ames F. R eid, Sr. interlocking relationships. The following applications are gov­ • R- hoc. 57-1468, Filed, Feb. 26, 1957; Notice is hereby given that the pre- erned by the Interstate Commerce Com­ 8:55 a. m.j hearing conference in the above-entitled mission’s special rules governing notice 1156 NOTICES of filing of applications by motor car­ Illinois, Indiana, Kentucky, Louisiana, PORT CORPORATION, 4519—76th St, riers of property or passengers and by Maine, Maryland, Massachusetts, Michi­ Kenosha,- Wis. Applicant’s attorney: brokers under sections 206, 209, and 211 gan, Mississippi, Missouri, New Hamp­ Paul F. Sullivan, Sundial House, 1821 of the Interstate Commerce Act and cer­ shire, New Jersey, New York, North Jefferson Place, Washington 6, D. C. tain other procedural matters with re­ Carolina, Ohio, Pennsylvania, Rhode For authority to operate as a common spect thereto. (Federal R egister, Vol­ Island, Tennessee, Texas, Vermont, Vir­ carrier, over irregular routes, transport­ ume 21, pages 7339, 7340, § 1.241 (49 CFR ginia, West Virginia, Wisconsin and the ing: Motor vehicles (not including trail­ 1.241), September 26, 1956.) District of Columbia. ers), in initial movements, by driveaway All hearings will be called at 9:30 HEARING: April 15, 1957, at the Fed­ and truckaway methods, from North o’clock a. m., United States standard eral Building, Los Angeles, Calif., before Tarrytown, N. Y., to points in Alabama, time, unless otherwise specified. Examiner F. Roy Linn. Delaware, Indiana, Kentucky, Maine, No. MC 19227 (Sub No. 60), filed De­ Applications Assigned for Oral H earing Massachusetts, Mississippi, New Jersey, cember 31, 1956, LEONARD BROS. or P re-H earing Conference New York, Ohio, Pennsylvania, Rhode TRANSFER & STORAGE CO., INC., 2595 Island, South Carolina, Tennessee and motor carriers of property Northwest 20th St., Miami 42, Fla. Ap­ West Virginia. Applicant is authorized No. MC 2130 (Sub No. 49) and (Sub plicant’s representative: John W. Carl­ to conduct operations throughout the No. 50) Correction, COUCH MOTOR isle, 422 Perry-Brooks Bldg., Austin 1, United States. LINES, INC., -Shreveport, La., published Tex. Fpr authority to operate as a com- HEARING: April 2, 1957, at the Of­ in the November 15, 1956, and the Feb­ ■ mon carrier, over irregular routes, trans­ fices of the Interstate Commerce Com­ ruary 13, 1957, issues of thè F ederal porting: Commodities which because of mission, Washington, D. C., before Ex« R egister, respectively, the notices of size or weight require the use of special aminer Bertram E. Stillwell. filing referred to above indicated that equipment, between points in Texas on No. MC 36509 (Sub No. 12), filed Feb­ applicant is authorized to conduct oper­ the one hand, and, on the other, points ruary 4, 1957, LOOMIS ARMORED CAR ations in Alabama, Arkansas, Florida, in Arizona and California. Applicant is SERVICE, INC., 55 Battery Street, Seat­ Georgia, Louisiana, Mississippi, New authorized to transport similar com­ tle, Wash. Applicant’s attorney: George York, North Carolina, South Carolina, modities in the stages of Florida, Ala­ H. Hart, Central Building, Seattle 4, Tennessee, and Virginia. This portion bama, Georgia, South Carolina, Connect­ Wash. For authority to operate as a of the notices ’was incorrect. Applicant icut, Delaware, Illinois, Indiana, Ken­ contract carrier, over irregular routes, is authorized to conduct operations only tucky, Louisiana, Maine, Maryland, transporting: ’Silver bars, in armored in Alabama, Arkansas, Louisiana, Mis­ Massachusetts, Missouri, New Hamp­ car service, from Selby,' Calif., to Oak­ sissippi, and Tennessee. shire, New Jersey, New York, North Caro­ land and San Francisco, Calif. No. MC 7663 (Sub No. 2), filed Sep­ lina, Ohio, Pennsylvania, Rhode Island, HEARING: April 23, 1957, in Room tember 12, 1956. LAPP EXPRESS CO., Tennessee, Texas, Vermont, Virginia, 226, Old Mint Bldg., Fifth and Mission INC., 410 East Center St., Medina, N. Y. West Virginia, Wisconsin and the Dis­ Sts., San Francisco, Calif., before Joint Applicant’s attorney: Samuel V. Gian- trict of Columbia. Board No. 75, or, if the Joint Board niny, 25 Exchange St., Rochester 14, HEARING: April 10, 1957, at the Fed­ waives its right to participate, before N. Y. For authority to operate as a eral Building, Los Angeles, Calif., before Examiner F. Roy Linn. common carrier, over irreguar routes^ Examiner F. Roy Linn. No. MC 40007 (Sub No. 49), filed Janu­ transporting: (1 Y Navy Night Drift Sig­ No. MC 30837 (Sub No. 213) , filed De­ ary 14, 1957, RELIABLE TRANSPORTA­ nals,' Class B Explosives; (2) Navy cember 13, 1956, KENOSHA AUTO TION COMPANY, a corporation, 4817 Depth Charge Markers (Calcium Phos­ TRANSPORT CORPORATION, 4519— Sheila Street, Los Angeles 22, Calif. For 76th St., Kenosha, Wis. Applicant’s rep­ authority to operate-as a common car­ phide), Class C Explosives; (3) Army rier, over irregular routes,-transporting: Ordnance Time Fuse, Class C Explo­ resentative: Lyle DeVuyst, Traffic Man­ sives, from the town of Murray, Orleans ager, Kenosha Auto Transport Corpo­ Sulphuric acid, off-color sulphuric acid, County, N. Y. to railhead in Village of ration, P. O. Box 351, 4519—76th St., and impure sulphuric acid, in bulk, in Kenosha, Wis. For authority to operate tank vehicles, from El Segundo, Calif., Holley, Town of Murray, Orleans to Miami, Ariz., mad contaminated ship­ County, N. Y. and to motor carriers’ as a common carrier, over irregular freight terminals in Rochester and Buf-. routes, transporting: Parts and equip­ ments of the above-described commodi­ ment for self-propelled street sweepers ties, on return. Applicant is authorized falò, N. Y. Issues originally published in to transport similar commodities in Cali­ F ederal R egister of September 26, 1956, or street cleaning equipment, from Po­ as above. mona, Calif., to Chicago, 111., and New­ fornia and Nevada. ark, N. J., restricted to shipments of parts HEARING: April 4, 1957, at the Fed­ HEARING: March 22, 1957, at 45 eral Bldg., Los Angeles, Calif., before Broadway, New York, N. Y.,'before Ex­ and equipment moving with shipments of set-up self-propelled street sweepers. Joint Board No. 47, or, if the Joint Board aminer Howard Hosmer. waives its right to participate, before No. MC 14021 (Sub No. 3), (Correction) HEARING: April 2, 1957, at the Fed­ eral Bldg., Los Angeles, Calif., before Examiner F. Roy Linn. MIDWEST TRANSFER COMPANY OF No. MC 65451 (Sub No. 16), filed No­ ILLINOIS, a corporation, 7000 South Examiner F. Roy Linn. No. MC 30837 (Sub No. 216), filed Feb­ vember 19, 1956, ALABAMA FREIGHT Pulaski Road, Chicago 29, 111., published LINES, a Corporation, 546 West Madison on page 915, issue of February 13, 1957, ruary 8, 1957, KENOSHA AUTO TRANS­ PORT CORPORATION, 4519—76th St., Street, Phoenix, Ariz. Applicant’s at­ The docket number was in error. The torney: James F. Haythornewhite, Luhrs correct docket number is MC 114021 (Sub Kenosha, Wis. Applicant’s attorney: Paul F. Sullivan, Sundial Hbuse, 1821 Tower, Phoenix, Ariz. For authority to No. 3). operate as a common carrier, over u> Nor MC 19227 (Sub No. 59), filed De­ Jefferson Place, Washington 6, D. C. For authority to operate as a common car­ regular routes transporting: Genera cember 31, 1956, LEONARD BROS. commodities, except those of unusual TRANSFER & STORAGE CO., INC., 2595 rier, over irregular routes, transporting: Motor vehicles (not including trailers), value, Class A and B explosives, house­ Northwest 20th St., Miami 42, Fla. Ap­ hold goods, as defined by the Commis­ plicant’s representative : John W. Car­ in initial movements, by driveaway and truckaway methods, from Baltimore, sion, commodities in bulk, and commocu- lisle, 422 Perry-Brooks Bldg., Austin 1,' jties requiring special equipment, betwe Tex. For authority to operate as a Md., to points in Delaware, Massachu­ setts, New Jersey, New York, North Car­ the Glen Canyon Dam Site located on common carrier, over irregular routes, Colorado River approximately 15 nm transporting: Commodities which be­ olina, Ohio, Pennsylvania, West Virginia, Virginia and the District of Columbia. upstream from Marble Canyon, Ar •» cause of size or weight require the use of near the Utah-Arizona State line, po special equipment, between points in Applicant is authorized to conduct op­ within 10 miles thereof, townsite ana Florida, Alabama and Georgia on the one erations throughout the United States. construction sites and supply f0 hand, and, on the other, points in Ari­ HEARING: April 2,1957, at the Offices cated at points on access roads the * zona, California, New Mexico, Oklahoma of the Interstate Commerce Commis­ all of said points in Arizona, on tne and Colorado. Applicant is authorized sion, Washington, D. C., before Exami­ hand, and, on the other, points in . h to transport similar commodities in the ner Bertram E. Stillwell. zona, New Mexico, and Texas, ^ States of Florida, Alabama, Georgia, No. MC 30837 (Sub No. 217), filed Feb­ carrier is authorized to serve in reg South Carolina, Connecticut, Delaware, ruary 8,1957, KENOSHA AUTO TRANS­ route operations in Certificates m Wednesday, F ebruary 27, 1957 FEDERAL REGISTER 1157

MC 65451, MC 65451 (Sub No. 1), MC Calif. For authority to operate as a Highway 65 and Arkansas Highway 81, 65451 (Sub No. 3), MC 65451 (Sub No. 4), common carrier, over irregular routes, thence over Arkansas Highway 81 to the MC 65451 (Sub No. 5), and MC 65451 transporting: Trailers, except those de­ junction of Arkansas Highway 81 and (Sub No. Ill. Applicant is authorized to signed to be drawn by passenger auto­ the Arkansas-Louisiana State line, conduct operations in Arizona, New mobiles, in secondary movements, in thence over Louisiana Highway 139 to Mexico, and Texas. truckaway service, moving entirely off the junction of Louisiana Highway 139 HEARING: April 1, 1957, at the Ari­ their own wheels, from Redwood City, and U. S. Highway 80, thence over U. S. zona Corporation Commission, Phoenix, Calif., to points in the United States, and Highway 80 to West Monroe, and return Ariz., before Examiner P. Roy Linn. damaged shipments of the above-de­ over the same route. Service from Pine No. MC 67500 (Sub No. 3) , filed Janu­ scribed units on return. Bluff, Ark., over U. S. Highway 65 to ary li, 1957, NEMIAH GOLDSTEIN AND HEARING: April 22, 1957, in Room junction of U. S. Highway 65 and Ar­ BERNARD GOLDSTEIN, doing business 226, Old Mint Building, Fifth and Mis­ kansas Highway 81 is for operating con­ as BLUE RIDGE TRUCKING COM­ sions Sts., San Francisco, Calif., before venience only; (7) between McGehee, PANY, 101 S. Lexington Street, Bilt- Examiner F. Roy Linn. Ark., and Monroe, La., from McGehçe more, N., C. Applicant’s attorneys: No. MC 108941 (Sub No. 39), filed over Arkansas Highway 4 to junction of Williams and Williams, Jackson Bldg., December 31, 1956, F. N. RUMBLEY Arkansas Highway 4 and U. S. Highway Asheville, N. C. For authority to oper­ COMPANY, a corporation, 2100 South 65, which is south of McGehee, thence ate as a common carrier, transporting: Van Ness Ave., Fresno, Calif. Appli­ over U. S. Highway 65 to junction of General commodities, except those of cant’s attorney: John G. Lyons, Mills U. S. Highway 65 and U. S. Highway 165, unusual value, Class A and B explosives, Tbwer Bldg., San Francisco 4, Calif. For thence over U. S. Highway 165 to Mon­ household goods as defined by the Com­ authority to operate as a common car­ roe, and return over the same route. mission, commodities in bulk, and those rier, over irregular routes, transporting: Service over U. S. Highway 65 between requiring special equipment, serving the Anhydrous Ammonia, in tank vehicles, the junction of Arkansas Highway 4 and off-route points of Cedar Mountain, Rich from points in California to points in U. S. Highway 65, and junction of U. S. Mountain, High Falls and Cascade Lake, Arizona, Nevada, and Oregon, and ports Highway 65, and U. Ç. Highway 165, is N. C., in connection with applicant’s au­ of entry iri California located on the for operating convenience only; (8) be­ thorized regular route operations over International Boundary between the tween Greenville, Miss., and Bastrop, U. S. Highway 64. Applicant is author­ United States and Mexico. Applicant is La., from Greenville over U. S. Highway ized to transport similar commodities in authorized to transport the above com­ 82 to Lake Village, thence over U. S. North Carolina. ' modity (when it is a liquid petroleum Highway 82 to Crossett, thence over Ar­ HEARING: April 5, 1951 at the Bat­ gas) in a portion of the territory involved kansas Highway 133 to the junction of tery Park Hotel, Asheville, N. C., before in this application, but no duplicating Arkansas Highway 133 and Arkansas- Joint Board No. 103. authority is sought. Louisiana State line, thence over Loui­ No. MC 106009 (Sub No. 5), filed Feb­ HEARING: April 3, 1957, at the Fed­ siana Highway 142 to junction of Louir ruary 6, 1957, JOHN AUSTIN EMORY, eral Building, Los Angeles, Calif., before siana Highway 142 and Louisiana doing business as CAUSTIC SODA Examiner F. Roy Linn. Highway 139, thence over Louisiana TRANSPORTATION COMPANY,. 43 No. MC 109835 (Sub No. 5), filed Feb­ Highway 139 to Bastrop, and return over Eola Ave., West Asheville, N. C. Appli­ ruary 11, 1957, BURKS MOTOR the same route. Service over Arkansas cant’s attorney: Robert R. Williams, Jr., FREIGHT LINES, INCORPORATED, Highway 81 between Hamburg, Arkansas Jackson. Bldg., Asheville, N. C. For au­ 218 Miller St.; P. O. Box 1028, Little Rock, and junction of Arkansas Highway 81 thority to operate as a common carrier, Ark. Applicant’s attorneys: John Paul and U. S. Highway 82, and service over oyer irregular routes, transporting: Jones, 1012 Edway Bldg., Memphis 3, Louisiana Highway l’39 from junction of Liquid caustic soda, in bulk, in tank ve­ Tenn., and Thomas L. Robinson, Colum­ Louisiana Highway 142 and Louisiana hicles, from Canton, N. C., to Columbia, bian Mutual Tower Bldg., Memphis, Highway 139 to Bastrop, La., is for oper­ S. C. Applicant has regular route au­ Tenn. For authority to operate as a ating convenience only; ‘(9) between thority to transport the same commodity common carrier, over regular routes; Sterlington, La., and junction of U. S. between Canton, N. C., and Lyman, S. C. transporting: General commodities, in­ Highway 165 and Louisiana Highway 2, HEARING: April 14, 1957, at 10:00 cluding Class A and B explosives, com­ from Sterlington over Louisiana High­ o’clock a. m., United States Standard modities of unusual value, commodities way 2 to junction Louisiana Highway 2 Time, at the Battery Park Hotel, Ashe­ in bulk, and commodities requiring spe­ and U. S. Highway 165, and return over ville, N. C., before Joint Board No. 2. cial equipment, but excluding household the same route; (10) between Sterling- No. MC 106965 (Sub No. 99), filed goods as defined by the Commission, (1) ton, La., and junction U. S. Highway 165 February 5, 1957, M. I. O’BOYLE AND between Little Rock, Ark., and Pine and Louisiana Highway 134, for operat­ SON, INC., doing business as O’BOYLE Bluff, Ark., from Little Rock over U. S. ing convenience only, from Sterlington, LINES, 817 Michigan Avenue, Highway 65 to Pine Bluff, and return La., over Louisiana Highway 553 to N. E., Washington, D. C. Applicant's at- over the same route; (2) between Hazen, junction of Louisiana Highway 553 and “tfney: Dale C. Dillon, 1825 Jefferson Ark., and Pine Bluff, Ark., from Hazen Louisiana Highway 134, thence over H., N. W., Washington'6, D. C. For au­ over U. S. Highway 70 to the junction Louisiana Highway 134 to junction of thority to operate as a common carrier, of U. S. Highway 70 and Arkansas High­ Louisiana Highway 134 and U. S. High­ over irregular routes, transporting: way 11, thence over Arkansas Highway way 165, and return over the same route. syrups, in bulk, in tank vehicles, from 11 to Stuttgart, thence over U. S. High­ Service authorized here will be for op­ Jersey city, N. J„ to points in Alabama, way 79 to Pine Bluff, and return over erating convenience only; (11) between jf™ re, Florida, Georgia, Indiana, the same route. Service from Hazen, Sterlington, La., and junction of U. S. SnrfK ^ar°l*na, Ohio, Pennsylvania, Ark., over U. S. Highway 70 to the junc­ Highway 165 and Louisiana Highway uth Carolina, Tennessee, Virginia, tion of U. S. Highway 70 and Arkansas 553, from Sterlington, over Louisiana ¡^Virginia and the District of Colum- Highway 11 is for operating convenience Highway 553 to junction of U. S. High­ thp i^Plicant is authorized to transport only; (3) between Pine Bluff, Ark., and way 165 and Louisiana Highway 553, and above-described commodity in Dela- Grand Lake, Ark., (unincorporated), return over the same route; Service is to p Maryland, North Carolina, Ohio, from Pine Bluff, over U. S. Highway 65 be authorized to and from all interme­ snnfu vania> Virginia, West Virginia, to Grand Lake, and return over the same diate points on the above specified District of Columbia. rout^t (4) between Pine Bluff, Ark., and routes. April 1> 1957> at the o f " Warren, Ark., from Pine Bluff over Ar­ N ote: Applicant states that the above Interstate Commerce Com- kansas Highway 15 to Warren, and re­ operating authority substantially duplicates, aiut n -Washington, D. C., before Ex- turn over the same route; (5) between with some exceptions, the authority which ^her Paul Coyle. Warren, Ark., and Monticello, Ark., applicant has operated since on or about March 18, 1948 by lease from Strickland Uarv Ci107227 (Sub No. 44), filed Jan- from Warren over Arkansas Itighway 4 Transportation Co., Inc., lessor, pursuant to JK liU 957, en sured TRANSPORT- to Monticello, and return over the same order of the Commission dated March 18, dro 251 Par^: Street, San Lean- route; (6) between Pine Bluff, Ark., and 1948 in Docket MC-FC 31502. Said operat­ G. Lvnn ’■» Applicant’s attorney: John West Monroe, La., from Pine Bluff over ing authority is a portion of the service y°us, Tower, San Francisco 4, U. S. Highway 65 to junction of U. S. authorized in Certificate No. MC 59680, 1158 NOTICES dated June 2, 1947 to Strickland Transpor­ tween Los Angeles, Calif., (points in Los HEARING: April 1„ 1957, at the Ari- tation Co., Inc. Applicant is authorized to Angeles area more fully described in ap­ zona Corporation Commission, Phoenix, transport similar commodities in the States plication) and San Diego, Calif., from Ariz., before Joint Board No. 240, or, if of Arkansas, Louisiana and Mississippi. Los Angeles over U. S. Highway 101 to the Joint Board waives its right to par­ HEARING: April 3, 1957, at the Ar­ junction of California Highway 78, ticipate, before Examiner F. Roy T.inn, kansas Public Service Commission, Little thence over California Highway 78 to the No. MC 116318 (Sub No. 2), filed Jan- Rock, Ark., before Joint Board No. 218. junction of U. S. Highway 395, thence uary 28, 1957, RAYMOND C. MARONEY, No. MC 112196 (Sub No. 12), filed De­ over U. S. Highway 395 to San Diego, doing b u sin ess as DECORATORS cember 21,1956, GEORGE R. MALLORY, and return over the same route, serving DELIVERY SERVICE, 1111 North Olive doing business as MALLORY TRUCK­ all intermediate and off-route points on Drive, Los Angeles, Calif. For authority ING COMPANY, P. O. Box 412, High­ and within 5 miles of either side of U, S. to operate as a common carrier, over way 99 and Hunts Lane, Colton, Calif. Highways 101 and 395 and California irregular routes, transporting: New fur­ Applicant’s attorney: Bruce R. Geern- Highway 78. Applicant is authorized to niture parts and new furniture, in aert, 100 Bush Street, San Francisco 4, transport similar commodities in blanket wrap packing, between Venice, Calif. For authority to operate as a California. Calif., and Zeeland, Mich. common carrier, over irregular routes, HEARING: April 8, 1957, at the HEARING: April 2, 1957, at the Fed- transporting: Cement, in bulk, from Oro Federal Building, Los Angeles, Calif., be­ eral Bldg., Los Angeles, Calif., before Grande and Crestmore, Calif., and points fore Joint Board No. 75, or, if the Joint Examiner F. Roy Linn. within five (5) miles of each, to points Board waives its right to participate, be­ No. MC 116440, filed February 11, 1957, in Mohave, Yuma, Pima, Pinal, Maricopa, fore Examiner F. Roy Linn. VAN-PAK, INC., 3401 Harding Road, and Yavapai Counties, Ariz. Applicant No. MC 115841 (Sub No. 15), filed Feb­ Des Moines, Iowa. Applicant’s attorney: is authorized to conduct operations in ruary 1, 1957, COLONIAL REFRIG­ Stephen Robinson, 1020 Savings & Loan Arizona and California. ERATED TRANSPORTATION, INC., Bldg., Des Moines 9, Iowa. For authority N o t e : Applicant is authorized t o trans­ 1201 First Ave., North, Birmingham, Ala. to operate as a common carrier, over ir­ port Cement in bulk, from Crestmore and Applicant’s attorney: Bennett T. Waites, regular routes, transporting: Household Qro Grande, Calif., to Yuma, Ariz. Duplica­ Jr., 531 Frank Nelson Bldg., Birmingham goods, as defined by the Commission, in tion with present authority to be eliminated. 3, Ala. For authority to operate as a specially constructed container or pak HEARING: April 4, 1957, at the Fed­ common carrier, over irregular routes, in specially constructed semi-trailers, eral Building, Los Angeles, Calif., before transporting: Commodities requiring re­ between points in the United States. Joint Board No. 47, or, if the Joint Board frigeration in transit and having prior PRE-HEARING CONFERENCE.* waives its right to participate, before movement by rail or motor vehicle in March 20, 1957, at the Offices of the In­ Examiner F. Roy Linn. interstate commerce, in pool car distri­ terstate Commerce Commission, Wash­ No. MC 114921 (Sub No. 1) % filed bution, between points in Alabama. ington, D. C., with Examiner Allan F. January 7, 1957, (MRS.) FRANK Applicant is authorized to conduct oper­ Borroughs presiding. At the pre-hear­ MURPHY, doing business as MURPHY ations in Alabama, Florida, North Caro­ ing conference it is contemplated that TRANSPORTATION, 423 South Hewitt lina, Delaware, Maryland, Virginia, the following matters will be discussed: St., Los Angeles, Calif. For authority to Georgia, Mississippi, South Carolina, (1) The issues in the proceeding; (2) operate as a common carrier, over regu­ Tennessee, New York, New Jersey, Louis­ The general character of the evidence to lar routes, transporting: General com­ iana, Connecticut, Illinois, Indiana, be offered by the applicant and other modities, except those of unusual value, Kentucky, Maine, Massachusetts, Mich­ parties; (3) The number of witnesses to Class A and B explosives, household igan, Ohio, Pennsylvania, Rhode Island, be presented and the time required for goods as defined by the Commission, West Virginia, Wisconsin, and the Dis­ such presentation by both the applicant commodities in bulk, and those requiring trict of Columbia. and protestants; (4) The time and place special equipment, (and other exceptions HEARING: April 9, 1957, at the Hotel at which the hearing or hearings shall as more fully described in the appli­ Thomas Jefferson, Birmingham, Ala., be­ be held; and (5) Any other matter by cation), (1) between Los Angeles, Calif., fore Joint Board No. 100. which the hearing and further handling (points in Los Angeles area more fully No. MC 116084 (Sub No. 2), filed Jan­ of the application can be expedited or described in application) and the inter­ uary 28, 1957, CAPITOL TANK LINE, simplified,, or the Commission’s handling national boundary line between the INC., 3743 East Florence Avenue, Bell, thereof aided. United States and Mexico near San Calif. Applicant’s representative: Ivan MOTOR CARRIERS OF PASSENGERS Ysidro, from Los Angeles over U. S. McWhinney, 639 South Spring Street, Highway 101 to San Diego, thence over Lqs Angeles 14, Calif. For authority to No. MC 3647 (Sub No. 211), f ile d Feb­ U. S. Highway 101 to the international operate as a common carrier, over irreg­ ruary 6, 1957, PUBLIC SERVICE COOR­ boundary line between the United States ular routes, transporting: Petroleum and DINATED TRANSPORT, a Corporation, and Mexico, and return over the same petroleum products, in bulk, in tank ve­ 80 Park Place, Newark, N. J. Applicant’s route, serving all intermediate and off- hicles, between points in Los Angeles attorney, Frederick M. Broadfoot, Pub­ route points on and within 5 miles of 'County, Calif, and points in Arizona. lic Service Terminal, Newark 1, N. J. either side of U. S. Highway 101, includ­ HEARING: April 5, 1957, at the Fed­ For authority to operate as a common ing the points of La Jolla, Pacific Beach,' eral Bldg.', Los Angeles, Calif., before carrier, over regular routes, tr a n s p o r t­ Mission Beach, Ocean Beach pnd Point Joint Board No. 47, or, if the Joint Board ing: Passengers and their baggage, ex­ Loma; (2) between Los Angeles, Calif., waives its right to participate, before press and newspapers in the s a m e ve­ (points in Los Angeles area more fully Examiner F. Roy Linn. hicle with passengers, (1) b etw een described in application) ahd the inter­ No. MC 116316, filed November 19, Bound Brook, N. J., and Elizabeth, N. national boundary line between the 1956, ARMORED MOTOR SERVICE OF From junction East Main St. a n d M oun­ United States and Mexico near San ARIZONA, INCORPORATED, 527 East tain Ave. in-Bound Brook, _N. J.» over Ysidro, * from Los Angeles over U. S. Portland, Phoenix, Ariz. Applicant’s at­ East Main St. to junction Lincoln B lva., Highway 101 to San Diego, thence via torney: Yale McFate, 702 Mayer-Heard Middlesex, N. J., thence over L in coln ferry from San Diego to North Island, Bldg., Phoenix, Ariz. For authority to Blvd. to junction South Lincoln Av •. thence over California Highway 75 to operate as a common carrier, over irreg­ thence over South Lincoln Ave. to jun ' the junction of U. S. Highway 101, thence ular, routes, transporting: Coin, cur­ tion Bound Brook Road, thence ov over U. S. Highway. 101 to the inter­ rency, securities and valuables, in Bound Brook Road to junction Norm national boundary line between the armored and/or armed guard car serv­ Ave., Dunellen, N. J., thence over Non» ice, between points in Arizona. Ave. to junction West Front St., Pia , United States and Mexico and return field, N. J., thence over West Front b • over the same route, serving all inter­ N o te : Applicant’s second proviso authority to junction New St., thence over New mediate and off-route points on and in name of individual (MC 99537), has been to junction West 2nd St., thence within 5 miles of either side of U. S. canceled and superseded by new second pro­ West 2nd St. to junction East-2nao^ viso filing in name of corporation (MC 116316 Highway 101 and California Highway 75, Sub No. 1); if and when BMC 78 application thence over east 2nd St., t° jun including the points of North Island, is granted, corporation will request dismissal Watchung Ave., thence over W a tc n u n s Coronado and Silver Strand; (3) be­ of any second proviso authority held by it. Ave. to junction East 5th St., thence Wednesday, F ebru ary 27, 1957 FEDERAL REGISTER 1159

¡East 5th St., to junction South Ave., Elmora Ave., thence over South Elmora arm St., thence over Glenarm St. to Ray­ thence over South Ave. through Fan- Ave. to junction U. S. Highway 1 at Bay­ mond Avenue, thence over Raymond jwood, N. J., Scotch Plains, N. J., to junc- way Circle, Elizabeth, N. J., and return Avenue to the Pasadena Depot of The Ition Westfield Plaza, Westfield, N. J., over the same route, serving all interme­ Atchison, Topeka and Santa Fe Railway ¡thence over Westfield Plaza (East Broad diate points. (5) Between Westfield, . Company, thence over Raymond Avenue 1st.), to junction North Ave. thence over N. J., and Garwood, N. J.: From junction to Colorado St., thence over Colorado ¡North Ave. to junction Lincoln Ave., South Ave. and Summit Ave., Westfield, St. to applicant’s bus depot at Harvard Garwood, N. J., thence oyer Lincoln Ave. N. J., over South Ave. to junction Center and Orange Streets in Glendale, point of to junction South Ave., Cranford, N. J., St., Garwood, Nv J., and return over the joinder on-applicant’s authorized route, thence over South Ave. to junction West same route, serving all intermediate and return over the same routes, serving First Ave., Roselle, N. J., thence over points. Applicant is authorized to con­ all intermediate points. Applicant is au­ West First Ave. to junction Laurel St., duct similar operations in New York and thorized to conduct operations in thence over Laurel St. to junction West- New Jersey. California. 2nd Ave. thence over West 2nd Ave. to HEARING: April 1, 1957, at the New HEARING: April 9, 1957, at the Fed­ junction East 2nd Ave., thence over East Jersey Board of Public Utility Commis­ eral Bldg., Los Angeles, Calif., before 2nd Ave. to junction Sheridan Ave., sioners State Office Bldg., Raymond Joint Board No. 75, or, if the Joint Board thence over Sheridan Ave. to junction Blvd., Newark, N. J., before Joint Board waives its right to participate, before East 3rd Ave., thence over East 3rd Ave. No. 119. Examiner F. Roy Linn. to junction Jersey Ave., Elizabeth, N. J., No. MC 114376 (Sub No. 1), filed No. MC 116418, filed January 28, 1957, thence over Jersey Ave. to junction West January 16, 1957, SANTA FE TRANS­ OSCAR PORTER, doing business as Jersey St., thence over West Jersey St. PORTATION COMPANY, 1100 S. San PORTER BUS LINE, 170 Catherine to junction East Jersey St., thence over Pedro St., Los Angeles 21, Calif. Ap­ Street, Ahoskie, N. C. Applicant’s rep­ East Jersey St. to junction U. S. Highway plicant’s attorney: R. S. Outlaw, 80 E. resentative: Vaughan S. Winborne, Se­ 1, Elizabeth-, N. J. Return over the same Jackson Blvd., Chicago 4, 111. For au­ curity Bank Bldg., Raleigh, N. C. For route to junction Watchung Ave. and thority to operate as a common carrier, authority to operate as a contract car­ East 2nd St., Plainfield, N. J., thence over regular routes, transporting: Pas­ rier, over irregular routes, transporting: over Watchung Ave. to junction East sengers and their baggage, and express, Passengers> under individual written Front St., thence over East Front St. to mail, and newspapers in the same vehicle contracts with particular passengers or junction West Front St* thence over with passengers, and checked baggage in groups of passengers for industrial and ¡West Front St. to junction New St., separate vehicles, restricted to traffic employment purposes, from Ahoskie, Plainfield, N. J., thence via the same moving on rail tickets arriving at or de­ N. C., and points between Ahoskie and route to junction East Main St. and East parting from Pasadena, Calif- on trains Winton, N. C., on U. S. Highway 13, St., Bound Brook, N. J., thence over East of the Atchison, Topeka and Santa Fe including Winton, to Suffolk, Va. | St. to junction East Union Ave.{ thence Railway Company, between Long Beach, N o t e : Carrier is authorized to operate as lover East Union Ave. to junction Moun­ Calif, find Pasadena, Calif., from appli­ a common carrier, under Certificate No. MC tain Ave., thence over Mountain Ave. to cant’s bus depot at First and American 111805 Sub 2 transporting passengers and ¡junction East Main St., Bound Brook, Avenues, in Long Beach over American their baggage, in round-trip charter opera­ N. J., serving all intermediate points. Avenue and Long Beach Blvd. to Atlantic tions, over irregular, routes, beginning and (2) Between Bound Brook, N. J., and Blvd. (California Highway ¿15), thence ending at points in Hertford County, N. C., 1 Middlesex, N. J.: From junction East over Atlantic Blvd. to Huntington Drive, and extending to points in Virginia east of a line beginning at the North Carolina-Vir- [Union Ave. and East St., Bound Brook, thence over Huntington Drive to Fair ginia State line and extending along U. S. ¡N. J., over East Union Ave. to junction Oaks Ave., thence over Fair Oaks Ave. to Highway 301 through Emporia, Richmond, Union Ave., Middlesex, N. J., thence over Glenarm St., thence over Glenarm St. to Bowling Green, and Rosita, Va., to. the Poto­ Union Ave. to junction Beechwood Ave., Raymond Aye., and thence over Raymond mac River. Applicant should submit evi­ [thence over Beechwood Ave. to junction Avenue to the depot of The Atchison# dence at hearing to justify operations as a [Grant Ave., thence over Grant Ave. to Topeka and Santa Fe Railway Company common and contract carrier under section ¡junction Harris Ave., thence over Harris in Pasadena-, and return over the same 210. [Ave. to Junctioh Madison Ave., thence route, serving no intermediate points. HEARING: April 2, 1957, at the Post over Madison Ave. to junction Lincoln Applicant is authorized to conduct oper­ Office and U. S. Court Rooms, Norfolk, “Vd., Middlesex, N, J.,.and return over ations in California. • Va., before Joint Board No. 7. [the same route, serving all intermediate HEARING: April 9, 1957, at the Fed­ No. MC 116432, filed February 11,1957, Points. (3) Between Plainfield, N. J., eral Bldg., Los Angeles, Calif., before CALVIN LAMONT COMPTON, doing j®d Cranford, N. J.: From junction East Joint Board No. 75, or, if the Joint Board business as CALVIN L. COMPTON, Port 15th St. and Richmond St., Plainfield, waives its right to participate, before Tobacco, Md. For authority to operate | N. J„ over Richmond St. to junction East Examiner F. Roy Linn. as a common carrier, over irregular ¡ ^nd St., thence over East 2nd St. to junc- No. MC 114376 (Sub No. 2), filed Janu­ routes, transporting: Passengers and ! Jon Westfield Ave., Scotch Plains, N. J., ary 16, 1957, SANTA FE TRANSPORTA­ their baggage, in the same vehicle, in ujence over Westfield Ave. to junction TION COMPANY, 1100 S. San-Pedro St., round trip charter operations, beginning lainfield Ave., thence over Plainfield Los Angeles 21, Calif. Applicant’s at­ and ending at points in Charles County, *ve to junction Brightwood Ave., West- torney: R. S. Outlaw, 80 E. Jackson Blvd., Md., on and west of U. S. Highway 301, tn • ?•’ thence over Brightwood Ave. Chicago 4, 111. For authority to operate and extending to Wasljingtpn, D. C., and | junction Prospect St., thenee over as a common carrier, over regular routes, points in Virginia. [JT^Pect St. to junction Newton Place, transporting: Passengers and their bag­ HEARING: March 29, 1957, at the binfc®. over Newton Place to junction gage, and express, mail, and newspapers Offices of the Interstate Commerce Com­ nw Ti thence over Elm St. to junction in the same vehicle with passengers, re­ mission, Washington, D. C., before Joint j «t Broad St., thence over East Broad stricted to traffic moving to or from Board No. 68. 1 iv»mUnction Westfield Plaza, thence points beyond Bakersfield or Los Angeles, 1estheld Plaza (East Broad S t.), to Calif, and to passengers traveling on A pplications in W hich Handling W ith­ Av* + .South Ave., thence over South railroad tickets having an immediately out Oral Hearing Is R equested over e •luI?ction Summit Ave., thence prior or subsequent movement by rail No. MC 34600 (Sub No. 1), filed Janu­ the Ave. to junction Grove St., over the lines of The .Atchison, Topeka ary 25, 1957, CLIFFORD JAMES and Ave l over Grove St. to junction Spruce and Santa Fe Railway Company, between EFFIE JAMES, Copartnership, doing AVp’f .rwoo^> N. J., thence over Spruce Los Angeles, Calif, and Glendale, Calif., business as CLIFFORD AND EFFIE Center°iU1ict!on Center St., thence over from the junction of Avenue 26 and JAMES, Route 2, Mayville, N. Y. Appli­ over cL 0 junction South Ave., thence North Figueroa, the junction of appli­ cant’s attorney: Kenneth T. Johnson, Cranf^ j Ave- to junction Lincoln Ave., cant’s authorized route, over North Bank of Jamestown Bldg., Jamestown, or<*>, N* J., and return over the Figueroa to York Blvd., thence over York N. Y. For authority to operate as a point. ro^te> serving all intermediate Blvd. to Pasadena Ave., thence over Pas­ common carrier, over irregular routes, j. (4) Within Elizabeth, N. J.: adena Avenue to Mission Street, thence transporting: Feed; in special vehicles AVe iunction Jersey Ave. and Elmora over Mission Street to Fair Oaks Avenue, equipped for blower delivery, from points •> ver Elmora Ave. to junction South thence over Fair Oaks Avenue to Glen­ in Erie County, N. Y., to points in Erie, No. ----7 1160 NOTICES Crawford, Warren, McKean, Potter, No. MC 113312 (Sub No. 6), filed No­ points. Vendee is authorized to operate Tioga, Bradford and Susquehanna vember 5, 1956, published in the F ederal as a common carrier in New York, Counties, Pa. Empty containers or other R egister of December 27, 1956, at Page Pennsylvania and New Jersey. Applica­ such incidentalJacilities (not specified), 10350, LESTER F. MEYER, doing busi­ tion has not been filed for temporary used in transporting the commodity ness as PIONEER BULK CARRIERS, 10 authority under section 210 (a) (b), specified, on return. Applicant is au­ Clayton Blvd., Smyrna, Del. Applicant’s N ote: MC 80413 Sub 6, filed February 11, thorized to transport among other re-, representative: G. A. Bruestle, S. E. Cor. 1957, is a matter directly related. lated commodities, feed from Buffalo, Broad & Spring Garden Streets, Phila­ N. Y., to Ludlow, Pa. and points in War­ delphia 23, Pa. For authority to operate No. MC-F 6514. Authority sought for ren County, Pa. as a common carrier, over irregular purchase by RINGLE TRUCK LINES, No. MC 78400 (Sub No. 6), filed Feb­ routes, transporting: Sulphate of am­ INC., 601 South Grand Avenue, Fowler, ruary 1, 1957, JOHN MEYER, LEO monia, in bulk, in dump vehicles, from Ind., of a portion of the operating rights FLOTTMANN, ROY FLOTTMANN, Bristol, Pa., to Centreville, Md., and of MELVIN TRUCKING CO., 1818 South AND OLIN FLOTTMANN, doing busi­ Laurel and Smyrna, Del. Washington Street, Peoria, 111., and for ness as BEAUFORT TRANSFER CO., acquisition by GLEN RINGLE, also of N ote: The hearing previously assigned Fowler, of control of such rights through Gerald, Mo. Applicant’s attorney: was cancelled upon the filing of verified the purchase. Applicants’ attorneys: Joseph R. Nacy, 117 West High St., statements on behalf of applicant. Jefferson City, Mo. For authority Axelrod, Goodman & Steiner, 39 South to operate as a common carrier, over Applications U nder S ections 5 and La Salle Street, Chicago 3, 111., and 210a (b) Robert C. Smith, 5.12 Illinois Bldg., In­ a regular route, transporting: Gen­ dianapolis 4, Ind. Operating rights eral commodities, except those' of The following applications are gov­ sought to be transferred: Dump truck unusual value, Class A and B explosives, erned by the Interstate Commerce Com­ bodies: and parts thereof, and road build­ household goods as defined by the Com­ mission’s special rules governing notice ing equipment, as a common carrier over mission, commodities in bulk, and those of filing of applications by motor car­ irregular routes from Streator, 111., to St. requiring special equipment, between riers of property or passengers under Louis, Mo., and Indianapolis, Ind.; dump Gerald, Mo., and Japan, Mo., over sections 5 (2) and 210a (b) of the Inter­ truck bodies, hydraulic hoists and parts Franklin County Highway “H”, serving state Commerce Act and certain 'other thereof, and snow plows and parts all intermediate points, with authority procedural matters with respect thereto. thereof, from Streator, 111., to Pfort to tack said authority to that held by (F ederal R egister, Volume 21, page 7339, Wayne, Ind., Oftiaha, Nebr., Kansas City, applicant under Certificate Nos. MC § 1.240 (49 CFR 1.240), September 26, 78400 and 78400 (Sub No. 3), dated 1956.) Mo., Minneapolis and St. Paul, Minn., March 28, 1955, and October 19, 1956, Janesville, Wis., and Cincinnati, Colum­ 1 MOTOR CARRIERS OP PROPERTY bus,. Toledo, Cleveland, Springfield, and respectively, in order to render service Barnesville, Ohio ; glass containers, glass between all points now authorized to be No. MC-F 6510. Authority sought for container caps, corrugated cardboard, served and points herein sought to be purchase by McKAY AfiD MacLEOt) fibreboard sheets, and containers and authorized to be served. Applicant is CORP., 7 East Race Street, Salamanca, wooden boxes, used by .glass manufac­ authorized to,transport the above-speci­ N. Y., of the operating rights and prop­ turing plants, from Streator, 111., to Kan­ fied commodities in Illinois and Missouri. erty of F. D. McKAY, INC., 7 East Race sas City, Kand., Omaha, Nebr., certain No. MC 112188 (Sub No. 2), filed Jan­ Street, Salamanca, N. Y., and for acqui­ points in Wisconsin, certain points in uary 24, 1957, GEORGE McBREEN, 1841 sition by BRUCE MacLEOD, also of Sal­ Missouri and certain points in Iowa, from N. W. 22nd Avenue, Portland, Oreg. Ap­ amanca, of control of such rights and Alton, 111., to Kansas City, Kans., Kansas plicant’s attorney: John M. Hickson, property through the purchase. Ap­ City and St. Joseph, MO., Omaha, Nebr., Failing Bldg., Portland, Oreg. For au­ plicants’ attorney: Bert Collins, 140 certain points in Wisconsin and points in thority to operate as a common carrier, Cedar Street, New York 6, N. Y. Oper­ Iowa, and from Gas City, Ind., to Kansas over regular routes, transporting: Motion ating rights sought to be transferred: City, Kans., Omaha, Nebr., and certain picture films and theater advertising Operations under the Second Proviso of points in Missouri ; glass containers, and] matter, motion picture machine parts section 206 (a) (1) of the Interstate glass container caps, frpm Muncie, Ind., and accessories, (1) between Portland, Commerce Act, in the State of New York, to Kansas City, Kans., Omaha, Nebr., Oreg., and LaGrande, Oreg., from Port­ covering the transportation of general certain points in Wisconsin, certain land over U. S. Highway 30 to LaGrande, ' commodities, without exceptions, as a points in Missouri, and points in Iowa, and return over the same route, serving common carrier over regular routes be­ from Hillsboro, 111., to Kansas City, Kans., all intermediate points, including but not tween Niagara Falls and Buffalo, between Omaha, Nebr., points in Illinois and Iowa- limited to LaGrande, The Dalles and Buffalo and Salamanca, between James­ certain points in Wisconsin and certain Hood River, and the off-route points of town and Binghamton, between Bing­ points in Missouri, and from Hillsboro, Union, Hermiston and Umatilla, over hamton and Bloomingburg, between I1L, to points in Lake County, Ind., mov-j U. S. Highway 730 and Oregon Highway Bloomingburg and Newburgh, between ing through Cook or Will Counties, HM 207, also all points wtyhin 10 miles of Newburgh and Beacon, between Beacon glass and glassware, from Streator ana] the above routes and points; (2) be­ and the junction of New York Highway Alton, 111., to Milwaukee and Waukesha, tween Hood River, Oreg., and White 9D and U. S. Highway 9, between the Wis.; glass products, and .jncidePjM Salmon, Wash., from Hood River over junction of New York Highway 9D and thereto, materials, machinery, eQUiP'j the Hood River Toll Bridge (across the U. S. Highway 9 and New York City, ment, and supplies, used by a glass ma - Columbia River * at Hood River) to between Buffalo and Hamburg, between ufacturing plant, from 'Streator, IU>_ Bingen, thence over U. S. Highway 830 Hamburg and Salamanca, between Buf­ Hannibal and Cape Girardeau, Mo., cer­ to White Salmon, and return over the falo and East Aurora, between East tain points ill Illinois and certainP? t same route, serving the intermediate Aurora and Olean, between the junction in Indiana, from Gas City, Terre Ha point of Bingen; (3) between Hermiston, of New York Highway 16 and New York and Evansville, Ind., to St. Louis, B Oreg., and Goldendale, Wash., from Her­ Highway 39 and Arcade, between Arcade nibal, and Cape Girardeau, Mo., an miston over unnumbered highway in a and Caneadea, between Caneadea and points ’ in Indiana and Illinois, * northerly direction to the junction of Wellsville, between the junction of New Streator, 111., Gas City, Terre Haute an U - S. Highway 730, thence over U. S. York Highway 16 and New York High* Evansville, Ind., to certain P01™® Highway 730 to Umatilla, thence over way 408 and Garwoods, between Gar- Kentucky and certain points in ’ U. S. Highway 730 to the junction of U. S. woods and Arkport, between Arkport and between Streator, 111., „on the one , ’ Highway 30, 'thence over U. S. Highway Andover, between Dayton and Cone- and, on the other, Gas City, Terre n • 30 to the junction of U. S. Highway 97, wango, between Conwango and the junc­ and Evansville, Ind., between Gas ' thence over U. S. Highway 97 to Golden- tion of New York Highway 241 and Ind., on the one hand, and, on the ’ dale, Wash., and return over the same New York Highway 17, between Hornell Terre Haute and Evansville, ^d., route, serving the intermediate point of and Painted Post, and between Hornell Umatilla, Oreg. Applicant is authorized and the junction of New York Highway between Milwaukee, Wis., to transport similar commodities in 21 and New York Highway 17, serving land, 111. Vendee is authorized to op J Oregon and Washington. certain intermediate and off-route as a contract carrier in Indiana, Wednesday, February 27, 1957 FEDERAL REGISTER 1161

Ohio, Kentucky, Iowa, Missouri, West 726-734 Investment Bldg., 1511 K Street, Minersville, and Williamstown, Pa., to Virginia., Wisconsin, Pennsylvania, Ne­ N. W.,-Washington 5, D. C. Operating Woodstock, Maurertown, Mt. Jackson, braska, Tennessee, Alabama, Michigan, rights sought to be transferred: (JEF­ New Market, and Edinburg, Va. Vendee Arkansas, Kansas, Minnesota and Mis­ FERSON FREIGHT LINES, INC.) holds no authority from the Interstate sissippi. Application has not been filed Fresh meats and packinghouse prod­ Commerce Commisiosn. Application for temporary authority under section ucts, as a common carrier over regular has been filed for temporary authority 210a (b). routes, between Baltimore, Md., and under section 2I0a (b). No. MC-P 6516. Authority sought for Harpers Ferry, W. Va., serving certain No. MC-F 6519. Authority sought for purchase by STAR WEST CARTAGE intermediate and off-route points; gen­ purchase by BARBER TRANSPORTA­ CO., INC., 430 East Wacker Drive, Chi- eral commodities, with certain excep­ TION CO., 321 Sixth Street, Rapid City, ! cago, 111., of the operating rights of THE tions excluding household goods and S. Dak., of the operating rights and prop­ CLOUD EXPRESS COMPANY, 4341 including commodities in bulk, over erty of LEMMON MOTOR EXPRESS, South Emerald Avenue, Chicago, 111., and irregular routes, from Baltimore, Md., INC., Lemmon, S. Dak., and for acquisi­ for acquisition by GEORGE NELSON, to Winchester, Va.; general commodities, tion by MILO H. BARBER, also of Rapid ANTON P. NELSON and CHARLES with certain exceptions including house­ City, of control of such rights and prop­ NELSON, all of Chicago, of control of hold goods and commodities in bulk, erty through the purchase. Applicants’ I such rights through the purchase. Ap­ from Baltimore, Md., to Broadway, attorneys: Lee Reeder and Wentworth plicants’ representative: Anton P. Nel­ Bridgewater, Elkton, Harrisonburg, and E. Griffin, Suite 1010, 1012 Baltimore son, 430 East Wacker Drive, Chicago, Timberville, Va.; general commodities, Bldg., K an sas City, Mo. Operating 111. Operating rights sought to be trans­ with certain exceptions excluding com­ rights sought to be transferred: General ferred: Such merchandise as is dealt in modities in bulk and including household commodities, with certain exceptions by wholesale, retail, and chain grocery goods, between points in Berkeley including household goods and com­ and food business houses, and, in con­ County, W. Va., on the one hand, and, modities in bulk, as a common carrier nection therewith, equipment, materials, on the other, points in Frederick County, over a regular route between Lemmon, and supplies used in the conduct of such Va.; household goods, as defined by the S. Dak., and St. Paul, Minn., serving the [business, as a contract carrier over ir­ Commission, between certain points in intermediate p o in t of Minneapolis, regular routes between certain points in Virginia, on the one hand, and, on the Minn.; fhousehold goods, as defined by Illinois, Indiana, Michigan, and Wiscon­ other, points in West Virginia, Mary­ the Commission, over irregular routes sin. Vendee is authorized to operate land, Delaware, Pennsylvania, New York, between Lemmon, S. Dak., on the one | as a contract carrier in Illinois and In­ and the District of Columbia; fruit hand, and, on the other, points in Min­ diana. Application has not been filed products, pickles, sauerkraut, ice, spray nesota. Vendee is authorized to operate for temporary authority under section materials, fertilizer, corn, shelled corn, as a common carrier in South Dakota, 210a (b). feed, seed, cottonseed meal, peanut meal, Wyoming, Illinois and Iowa. Applica­ No. MC-F 6517. Authority sought for livestock, coal, fresh product, fertilizer, tion has not been filed for temporary au­ purchase by CONSOLIDATED spraying materials, fruit, barrel staves, thority under section 210a (b). FREIGHTWAYS, INC., 2029 N. W. sugar, malt beverages, roofing in rolls, No. MC-F 6520. Authority sought for Quimby Street, Portland, Oreg., of the glass containers, onions, vinegar, wool, purchase by MOORE’S TRUCKING CO., operating rights and property of ARI­ hides, tin • cans, canned goods, oils, Stelton Road, New Market, N. J., of the ZONA EXPRESS, INC., 56 East Fifth greases, bottles, glasses, prune juice, operating rights of SHEPHARD WARE­ Street, Tucson, Ariz. Applicants’ at­ supercell, insecticides, fungicides, feed HOUSES, INC., 667 Washington Street, torney: Donald A. Schafer, 803 Public materials, flour, machinery, lumber, New York, N. Y., and for acquisition by Service Bldg., Portland 4, Oreg. Operat­ tombstone material, butter, eggs, corn- LILLIAN MOORE, also of New Market, ing rights sought to be transferred: meal, poultry and petroleum products, of control of such rights through the General commodities, with certain ex­ in containers, from, to or between points purchase. Applicant’s attorney: Martin ceptions including household goods and and areas, varying with the commodity Werner, 295 Madison Avenue, New York commodities in bulk, as a common car­ transported, in Maryland, West Virginia, 17, New York, N. Y. Operating rights rier over regular routes including routes Virginia, Pennsylvania, New York, South sought to be transferred: General com­ between Phoenix, Ariz., and Mammoth, Carolina, North Carolina, Ohio, Dela­ modities, with certain exceptions includ­ Ariz., between Tucson, Ariz., and Mam­ ware, New Jersey, and the District of ing household goods and commodities in moth, Ariz., between Oracle Junction, Columbia; (LAMBERT TRANSFER CO., bulk, as a common carrier over irregular Ariz., and Kelvin, Ariz., between Douglas, INC.) general commodities, with certain routes between points in New York, New and Cochise, Ariz., between Co­ exceptions including household goods Jersey and Connecticut within 35 miles chise, Ariz., and Willcox, Ariz., and be­ and excluding commodities in bulk, as of New York, N. Y., including New York, tween Los Angeles, Calif., and Tucson, a common carrier over regular routes N. Y. Vendee is authorized to operate Anz.. serving certain intermediate and between Harrisonburg, Va., and Balti­ as a common carrier in New Jersey, New off-route points; alternate routes for op­ more, Md., serving certain intermediate York and Pennsylvania. Application has erating convenience only between Gila and off-route points; general commod­ not been filed for temporary authority “end and Phoenix, Ariz., and between ities, with certain exceptions including under section 210a (b). l h- Arizona Highways 87 and 387 household goods and commodities in No. MC-F 6521. Authority sought for g** Junction Arizona Highways 187 and bulk, between Winchester, Va., and purchase by OLD COLONY TRANSPOR­ Vendee is authorized to operate as Falls Church, Va., serving certain inter­ TATION CO., INC., 56 Prospect Street, trowf1071 carr*er in Oregon, Washing­ mediate and off-route points; several New Bedford, Mass., of the operating ton H?a^ orn*a’ Idaho, Utah, Montana, alternate routes for operating conven­ rights of LINCOLN MOTOR EXPRESS, Wi» Pakota, Minnesota, Michigan, ience only; oils and greases, over irregu­ INC., (PHILIP STROME, RECEIVER), isconsin, Arizona, Nevada, Illinois, lar routes, from Marcus Hook and 73 Washington Street, Salem, Mass., and bwnfn anc*Iowa- Application has not Philadelphia, Pa., to Woodstock, Mt. for acquisition by GEORGE VIGEANT, .p„f. r1®« for temporary authority under Jackson, Harrisonburg, and The Plains, also of New Bedford, of control of such section 210a (b). Va.; linoleum and congoleum floor rights through the purchase. Appli­ Diirnv. Mc~F 6518. Authority sought for coverings, felt bases, and cement, from cants’ representative: George Vigeant, p to J AND L LINES, INC., Marcus Hook, Pa., to Woodstock, Va.;, Jr., Vice-President, Old Colony Trans­ 0UP1-Q+-ox Winchester, Va., ànd town, York Springs, and Spring City, modities, with certain exceptions includ­ ^ bert t r a n s f e r CO., INC., P. o . Pa.; apples and peaches, from certain ing household goods and commodities in accmjx1, Winchester, Va., and for points in Virginia to Washington, D. C., bulk, as a common carrier over regular by EARL HAINES, also of Baltimore, Md., Philadelphia, Pa., and routes between Boston, Mass., and Bev­ and ntS^er’ c°ntrol of such rights New York, N. Y.; canned goods, from erly, Mass., serving all intermediate and Applicandoti. through the Purchase, Westminster and Frederick, Md., to certain off-route points; groceries, meats, ants attorney: S. Harrison Kahn, Woodstock, Va.; coal, from Tower City, and agricultural commodities, between 1162 NOTICES Revere, Mass., and Lynn, Mass., and be­ California Transport Corp., 1200 State St., 360,000 shares was $15,000 paid by Cali­ tween Salem, Mass., and Beverly, Mass., Perth Amboy, N. J. fornia Uranium to Ajax as a down serving all intermediate points. Vendee The Frontier Refining Co., 4040 East Lou­ payment on the said $65,000 to be paid is authorized to operate as a common isiana Ave., Denver 22, Colo. to Ajax on registrant’s behalf. carrier in Massachusetts, Rhode Island, (Sec. 708,64 Stat. 818, as amended; 50 U. S. C. 3. In representing that there was no New York, New Jersey and Connecticut. App. Sup. 2158; E. O. 10480, Aug. 14, 1953, existing or prior relationship whatsoever Application has been filed for temporary 18 F. R. 4939) with registrant between California authority under section 210a (b). Dated: February 21, 1957. Uranium or Ajax, directly or indirectly, other than that Archie B. Meiklejohn is By the Commission. A r t h u r S . F l e m m i n g , Secretary of both registrant and Cali­ Director. [ s e a l ] H a r o l d D . M c C o y , fornia Uranium. Secretary. [F. R. Doc. 57-1459; Filed, Feb. 26, 1957; III. It is ordered, That a public hear­ IF. R. Doc. 57-1456; Filed, Feb. 26, 1957; 8:51 a. m.] ing, pursuant to section 19 (a) (2) of 8:50 a. m.] the 1934 act, be held at 10:00 a. m„ P. s. t., on Wednesday, March 13, 1957, SECURITIES AND EXCHANGE at the offices of the Los Angeles Branch OFFICE OF DEFENSE COMMISSION office of the Commission, Room 1737, [File No. 1-2235] U. S. Post Office and Court House, Los MOBILIZATION Angeles, California, to determine [ODM (DPA) Request. 53-DPAV-46 (h )] O p e r a t o r C onsolidated M i n e s C o . whether it is necessary or appropriate ORDER AND NOTICE OF HEARING for the protection of investors to sus­ C a l i f o r n i a T r a n s p o r t C o r p . a n d pend for a period not exceeding twelve F r o n t i e r R e f i n i n g C o . F e b r u a r y 18, 1957. months, or to withdraw, the registra­ ADDITION TO LIST OF COMPANIES ACCEPTING I. Operator Consolidated Mines Com­ tion of the common stock of registrant REQUEST TO PARTICIPATE IN VOLUNTARY pany (hereinafter called “registrant”), on the San Francisco Mining Exchange AGREEMENT RELATING TO FOREIGN PETRO­ a corporation organized and incorpo­ for failure to comply with section 13 of LEUM SUPPLY, AS AMENDED rated under the laws of the State of the act and the rules and regulations Pursuant to section 708 of the Defense Nevada, filed an application for regis­ adopted thereunder, as set forth in tration of its common stock, ten cents paragraph II above» Production Act of 1950 as amended, It is further ordered, That Mr. Wil­ there are published the following addi­ ($.10) par value, with the San Francisco tions to the list of companies which have Mining Exchange (“the Exchange”) on liam W. Swift is hereby designated and assigned as Hearing Officer in this pro­ accepted the request to participate in October 25, 1935, on Form 10, pursuant ceeding and is authorized to exercise the the voluntary agreement entitled, “Vol­ to section 12 of the Securities Exchange powers and perform the duties specified untary Agreement Relating to Foreign Act of 1934 (“the 1934 act”) and the rules and regulations adopted by the Commis­ in the rules of practice of the Commis­ Petroleum Supply, as Amended,” dated sion and any other duties which he may May 8, 1956. The request and original sion thereunder, and filed a duplicate original Form 10 with the Commission, be authorized to perform in accordance list of acceptances were published in The registration of such secuijties on the with law. 21 F. R. 5703, July 28, 1956; and addi­ Exchange became effective on June 1, Notice of such hearing is hereby given tional acceptances were published in 21 to registrant, the San Francisco Mining F. R. 6687, September 5, 1956; 21 F. R. 1936. II. On January 10, 1957, registrant Exchange and to any other person or 6964, September 14, 1956; and 21 F. R. filed with the Commission a current re­ persons whose participation in such 7640, October 4^ 1956. port on Form 8-K, pursuant to section proceeding may be necessary or appro­ California Transport Corp., 1200 State St., 13 of the 1934 act, for thé month of priate in the public interest or for the Perth Amboy, N. J. December, 1956. The Commission has protection of investors. Any such fur­ The Frontier Refining Co., 4040 East Louisi­ reason to believe that the Form 8-K so ther persons desiring to be heard in such ana Ave., Denver 22, Colo. filed was false and misleading in the proceeding should file with the Hearing (Sec. 708, 64 Stat. 818, as amended; 50 U. S. C. following regards: Officer or the Secretary of the Commis­ App. Sup. 2158; E. O. 10480, Aug. 14, 1953, 1. In claiming an exemption from sion on or before March 6, 1957, his 18 F. R. 4939) registration under the Securities Act of application therefor as provided by the Dated: February 21, 1957. 1933 (“the 1933 act”) for the issuance rules of practice of the Commission, and sale to California Uranium Mines, setting forth therein any of the above A r t h u r S. F l e m m i n g , Inc. (“California Uranium”) of 1,360,000 matters or issues of fact or law upon Director. shares of registrant’s common stock, which he desires to be heard and any [F. R. Doc. 57-1458; Filed, Feb. 26, 1957; pursuant to an agreement of lease and additional issues he deems raised by the 8:51 a. m.] option of November 27, 1956 which pro­ aforesaid order. vided for the transfer to registrant by By the Commission. Ajax Tungsten Corporation (“Ajax”) of [ s e a l ] O r v a l L. D uB ois, certain interests in various mining Secretary. [ODM (DPA) Request 53A-DPAV-56 (a-1)] claims and equipment in the New Coso C a l i f o r n i a T r a n s p o r t C o r p . a n d Mining District, Inyo County, California. [F. R. Doc. 57-1460; Filed, Feb. 26, 1957; 8:52 a. m.] F r o n t i e r R e f i n i n g C o . In this regard registrant falsely stated that 1,133,840 shares of said total shares ADDITION TO LIST OF COMPANIES ACCEPTING had previously been registered with the REQUEST TO PARTICIPATE IN AMENDED Commission under the 1933 act and [File No. 70-3541] PLAN OF ACTION UNDER VOLUNTARY AGREE­ omitted to state that a public distri­ MENT RELATING TO FOREIGN PETROLEUM bution of some or all of said total shares A m e r i c a n N a t u r a l G a s Co. a n d M ichigan SUPPLY was intended to be made without regis­ C onsolidated G a s C o . Pursuant to section 708 of the Defense tration, in violation of the 1933 act. ORDER AUTHORIZING ISSU E AND SALE OF COM­ Production Act of 1950, as amended, 2. In representing that the property MON STOCK BY PARENT COMPANY PURS ' there are published the following addi­ acquired by registrant from Ajax under ANT TO UNDERWRITTEN RIGHTS OFFERW » tions to the list of companies which the agreement was more than adequate AND CHARTER AMENDMENT BY SUBSIDIAR > have accepted the request to participate consideration for said 1,360,000 shares AND ISSUE AND SALE OF COMMON STOCK in the Plan of Action Under Voluntary valued at par, issued by registrant to SUCH SUBSIDIARY TO PARENT COMPAN California Uranium, but also represent­ Agreement Relating to Foreign Petro­ F e b r u a r y ing that the only consideration to be 20,1957. leum Supply, dated August 10, 1956, as received by Ajax as seller of the property American Natural Gas Compaq amended December 3,1956. The request was $65,000 in cash and minimum (“American Natural”) , a registersan and original list of acceptances were monthly production royalties. In this ing company, and its subsidiary^ Mi . __ published in 21 F. R. 10262, December regard the only disclosed consideration gan Consolidated Gas Company ( "J , 20, 1956. paid by California Uranium for said 1,- igan Consolidated”) have filed a J Wednesday, February 27, 1957 FEDERAL REGISTER 1163

Application-declaration and a m e n d ­ no time acquire a long position in shares estimated at $82,000, including fees for ments thereto pursuant to sections 6 (a), of its common stock in excess of 10 per­ professional services, as follows: Legal, |j (b), 7, 10, and 12-(c) of the Public cent of the number of additional shares $2,000. The fee of Brown, Wood, Fuller, ¡Utility Holding Company Act of 1935 of common stock being offered. Ameri­ Caldwell & Ivey, counsel for the prospec­ ¡(“act”) and Rules U-42 and U-50 there­ can Natural proposes to sell any shares tive underwriters, is estimated at $8,500, under, regarding the following proposed acquired in stabilizing transactions in and it will be payable by the successful ¡transactions: ordinary brokerage transactions on the bidders in the event of acceptance of a I. American Natural issue of common New York Stock Exchange. bid for the underwriting. Supporting ¡sfocfe. On or about February 27, 1957, II. Michigan Consolidated amendment data have been filed with respect to the ¡American Natural proposes to issue to of charter and issue of common stock.t fees of the professional claimants, and ¡holders of its 4,421,132 outstanding Michigan Consolidated, which now has the amounts do not apepar to be un­ ¡shares of common stock (par value $25 outstanding 5,477,000 shares of 5,500,000 reasonable. ¡per share) transferable warrants, ex­ authorized shares of common stock (par Due notice having been given of the piring on or about March 14, 1957, to Value $14 per share), proposes to in­ filing of said application-declaration ¡purchase 442,114 additional shares of crease its authorized common stock to (Holding Company Act Release No. ¡its common stock. The warrants will 7.700.000 shares by amendment to its 13338), and a hearing not having been ¡evidence a number of rights equal to Certificate of Incorporation, pursuant to requested of or ordered by the Commis­ ¡the number of shares outstanding, and the general corporate laws of the State of sion; and the Commission finding that ¡10 rights will be required to purchase Michigan. the applicable provisions of the act and ¡each share of the additional common Thereafter, Michigan Consolidated the rules promulgated thereunder are ¡stock. The company has arranged for proposes to issue and sell to American satisfied, and deeming it appropriate in ¡its New York transfer agent, without Natural, and the latter proposes to buy, the public interest and in the interest of ¡charge to stockholders, to take orders 1.786.000 shares of Michigan Consoli­ investors and consumers that the appli­ [(subject to the agent’s ability to find a dated’s common stock for $25,004,000 in cation-declaration, as amended, be ¡seller or purchaser, as the case may be) cash, representing the aggregate par granted and permitted to become effec­ ¡to buy sufficient rights (not exceeding 9) value thereof. Funds for this purpose tive forthwith: ¡to permit the holder to purchase one or will be provided through the sale by It is ordered, Pursuant to Rule U-23 ¡more full shares, or to sell rights (not American Natural of the additional and the applicable provisions of the act, ¡exceeding 9) not required to complete shares of its common stock, as aforesaid. that said application-declaration as I a subscription. Michigan Consolidated further pro­ amended be, and hereby is, granted and Each holder of outstanding shares of poses to pay to American Natural a permitted to become effective forthwith, lAmerican Natural’s common stock will special cash dividend of $4,998,000 out subject to the terms and conditions pre­ I also be given the privilege of subscribing of its retained earnings (amounting to scribed in Rules U-50 and U-24. [at the subscription price for any number $9,975,456 at September 30, 1956), and By the Commission. |of shares of the additional common stock to issue and sell to American Natural, ¡not purchased through the exercise of and the latter proposes to buy, an addi­ [SEAL] OÔVAL L. DUBOIS, [rights, subject to allotment if sufficient tional 357,000 shares of common stock Secretary. [shares are not available to meet the de­ of Michigan Consolidated for $4,998,000 [F. R. Doc. 57-1461; Filed, Feb. 26, 1957; mand. Allotments will be made pro­ in cash. 8:52 a. m.] portionately to the number of rights ex- The sale to American Natural of the jercised, not to the number of shares 1.786.000 additional shares of its common [requested. stock for $25,004,000 in cash will provide Prior to any offering to holders of out­ Michigan Consolidated with funds to re­ {File No. 70-3553] standing shares of its common stock, pay or reduce short-term loans incurred G eneral P ublic U tilities Corp. [American Natural proposes, in accord- for construction purposes and to pay lance with the competitive -bidding re­ construction costs. The payment by NOTICE OP FILING REGARDING PROPOSAL TO quirements of Rule U-50, publicly to Michigan Consolidated to American Na­ ISSUE AND SELL ADDITIONAL SHARES OF [invite bids for the purchase of such tural of the $4,998,000 cash dividend and COMMON STOCK THROUGH SUBSCRIPTION [shares of additional common stock as the concurrent reinvestment of the same WARRANTS [shall not be purchased through the amount by American Natural in 357,000 F ebruary 20,1957. [exercise of rights or under the condi­ additional shares of Michigan Consoli­ Notice is hereby given that General tional purchase privilege. dated’s common stock will have the effect Public Utilities Corporation (“GPU”), a | The price at which the additional com­ of converting this portion of Michigan registered holding company, has filed mon stock will be offered to holders of Consolidated’s retained earnings into with this Commission, pursuant to the [American Natural common stock, and to common stock, assuring a larger perma­ Public Utility Holding CompaAy Act of [be paid by the successful bidders for the nent common equity for the latter com­ 1935 (“act”), an application-declaration [unsubscribed shares, will be determined pany. regarding a proposal to issue and sell by the company at least 24 hours prior to Michigan Consolidated states that through subscription warrants 646,850 [the time for submission of bids. Such during the spring or early summer of 1957 additional shares of its authorized but [Price will be not more than the last it proposes to issue and sell (pursuant to unissued common stock. Applicant-de­ reported sale price of American Natural a later filing with this Commission) from clarant has designated sections 6 (a), I tv ? on sb°ck on the New York Stock $25,000,000 to $30,000,000 of bonds, the 7 and 12 (c) of the act, and Rules U-42 [“ Change at# the time the price is so proceeds to be used for construction and U-50 promulgated thereunder, as juetermined, and not less than such last purposes and to repay any short-term applicable to the proposed transactions. I eported sale price less 15 percent. loans then outstanding. All interested persons are referred to lAmerican Natural may stabilize the Michigan Public Service Commission, the application-declaration on file at nf ^ .common stock for the purpose the regulatory commission of the State the office of the Commission for a state­ + ating the offering. Such stabil- in which Michigan Consolidated is organ­ ment of the transactions therein pro­ Ihvtk ansacti°ns, if any, will be effected ized and doing business, has authorized posed, which are summarized as follows: Lv?e Purchase of common stock on the the amendment of the company’s char­ GPU proposes to offer to the holders of trail we^cllanges where it is listed or ter and its issuance and sale to American its outstanding common stock rights to L. m the open market or otherwise. Natural of 2,143,000 additional shares of subscribe for additional shares of GPU n stabilizihg activities, if any, will not its common stock as herein proposed. common stock at the rate of one addi­ Jur Prior one day before determi- The fees and expenses to be incurred tional share of common stock for each be to11 °r —® subscription price, and may by American Natural in connection with fifteen shares of GPU common stock held casp rm,inated at any time, and in any the proposed transactions are estimated of record, at a price which will be not timp « kte? than one hour after the at $202,000, including fees for profes­ more than the closing price on the New forth*— acceptance of a bid sional services as follows: Accounting, York Stock Exchange on the day prior I In PA«pur®^ase °f unsubscribed stock. $32,000; legal, $22,000; engineering, to the record date and not less than 85 tranca11?60^011 w*th such stabilizing $7,500. The fees and expenses to be in­ percent thereof. The subscription I actions American Natural will at curred by Michigan Consolidated are period will expire approximately 18 days 1164 NOTICES after the final date of the mailing of the of such matters, stating the nature of and to grant such other and further re* subscription warrants. his interest, the reasons for such re­ lief as it may deem appropriate in con­ In lieu-of issuing rights to record quest, and the issues of fact or law raised nection with the Plan, the transactions holders of less than fifteen shares, GPU by the application-declaration which he incident thereto, and the consummation will purchase such rights for cash and desires to controvert; or he may request thereof, including the review, if applica­ remit such cash to said record holders. that he be notified if the Commission tion therefor is duly made, of subsequent In addition, GPU will, upon request of orders a hearing thereon. Any such orders of the Commission relating to the initial record holders of warrants, pur­ request should be addressed: Secretary, Plan.” chase such number of the rights repre­ Securities and Exchange Commission, Shares holds 321,000 shares of Du­ sented thereby as such holders do not Washington 25, D. C. At any time after quesne stock of which about 150,000 desire to exercise. Holders of rights in said date the application-declaration as shares are low cost tax basis shares and excess of fifteen but not exactly divisable filed or as it may be amended, may be expects during April or May, 1957, to by fifteen may, upon subscribing for the granted and permitted to become effect acquire 246,500 additional shares of maximum number of whole shares tive as provided in Rule U-23 of the which at least 100,000 shares are to be covered by such rights, subscribe for one rules and regulations promulgated under low cost tax basis shares. Shares states additional share without furnishing ad­ the act, or the Commission may grant that it has found it impracticable to sell ditional rights, subject to availability to exemption from its rules as provided in the entire 100,000. shares of low cost tax GPU of such additional shares. If Rules U-20 (a) and U-100 thereof, or basis stock except by means of a second­ additional shares are not available GPU take such other action as it may deem ary distribution and registration under will purchase the excess rights. During appropriate. the Securities Act of 1933. However, in the subscription period, and for not more By the Commission. view of the anticipated acquisition by than thirty business days thereafter, Shares of the 246,500 additional shares stockholders and warrant holders will [seal] Orval L. D uB ois, of Duquesne stock, Shares now desires have the privilege of purchasing from Secretary. to dispose of approximately 250,000 GPU unsubscribed shares to the extent [P. R. Doc. 57-1462; Piled, Feb. 26, 1957; shares of low cost tax basis Duquesne such shares are available for such pur­ 8:53 a. m.] stock, as promptly as practicable. It, pose, at the prevailing market price but therefore, requests approval of an not less than the subscription price. amendment to its plan extending the The rights offering will not be under­ time to July 1, 1957, in which it is re­ written, but GPU will utilize the services {File Nos. 54-219 and 59-13] quired to dispose of at least 100,000 shares of Duquesne stock, or such later of security dealers to solicit the exercise S tandard Shares, I nc. by initial record holders of rights, and date as the Commission may fix upon to participate in the disposition of shares, ORDER GRANTING REQUEST FOR EXTENSION subsequent application. Such extension if any, not subscribed or otherwise dis­ OF TIME TO CARRY OUT PROVISION OF of time will permit the disposition by posed of by GPU under the terms of the PLAN Shares of 250,000 shares of Duquesne rights offering. The price or prices at F ebruary 20, 1957. common stock by means of one second­ which such sale of unsubscribed shares On February 16, 1956, the Commission ary distribution and one registration will be effected through security dealers approved a plan filed by Standard statement under the Securities Act of will be fixed by GPU at not higher than Shares, Inc. (“Shares”), a registered 1933 and will also permit Shares to re­ prevailing market prices plus 30 cents holding company which was formerly tain the Duquesne common stock with a per share, and not less than the sub­ named Standard Power & Light Corpo­ high cost tax basis, a feature asserted to scription price. Pees for the services of ration and which is in process of trans­ be essential to its long range investment security dealers in connection with the formation into an investment company, company program. rights offering will be fixed by GPU. pursuant to section 11 (e) of the Public The Commission having considered In connection with the rights’ offering Utility Holding Company Act of 1935 the entire record in connection with said GPU may effect stabilization transactions (“act”), which plan proposes, among request by Shares for an extension of in its common stock or rights, but at no other things, the disposition of Shares’ time to comply with its order of February time will GPU acquire a net long position holdings of common stock of Duquesne 16, 1956 and finding that the applicable exceeding 64,685 shares. Light Company (“Duquesne”) to less provisions of the act and the rulés pro­ The net proceeds realized by GPU from than 5 percent of the number of shares mulgated thereunder are satisfied and the sale of the additional common stock of such stock outstanding. One of the deeming it appropriate in the public will be applied (a) to repay GPU’s out­ steps of such disposition is the reduction interest and in the interest of investors; standing bank loans and (b) to the mak­ of such holdings by not less than 100,000 to approve said application to amend ing of additional investments in GPU’s shares by March 12, 1957. (Holding said plan of Shares: domestic subsidiary companies, or to the Company Act Release No. 13101). On It is ordered, Pursuant to section 11 reimbursement of GPU’s treasury for March 13, 1956, the United States Dis­ (e) and other applicable provisions of such investments theretofore made, and trict Court for the District of Delaware the act, that said application to amend; for other corporate purposes. approved the Commission’s Findings and said plan be, and the same hereby is, ap­ The fees and expenses (other than Opinion and Order on said plan and proved, subject to the condition that this security dealers’ fees) to be incurred by ordered the enforcement and the carry­ order shall not be operative to authorize GPU in connection with the proposed ing out of the terms and provisions of the requested extension of time for com­ transactions are estimated at an ag­ said plan. pliance with said order of this Commis-j gregate of $190,000, including counsel In its order of February 16, 1956, the sion until said Court, upon application fees—$15,000; depository agent’s fees Commission reserved jurisdiction with. thereto, enters an order granting sucn and expenses—$35,000; clearing agent’s respect to “entertaining of such further extension of time. fees and expenses—$7,000; accountant’s proceedings, entering of such further It is further ordered, That jurisdiction fees—$7,000; and registrar’s fees $1,500. orders and the taking of such further ac­ be, and it hereby is, reserved to entertain GPU requests that the Commission tion as the Commission may deem to be such further proceedings, enter sucn grant an exemption from the competi­ necessary or appropriate in connection further orders and to take such fu*“1® tive bidding requirements of Rule U-50 with said plan, as amended, transactions action in connection with said plan, as to the extent such rule may be applicable a part of or incidental thereto, and the amended, transactions a part of or inc- to the sale of unsubscribed shares.. consummation thereof, as may be dental thereto, and the consummati The application-declaration states deemed to be necessary or appropriate to thereof, as may be deemed to be nece-i that no State or Federal regulatory effectuate the requirements of section sary or appropriate to effectuate the ‘ body, other than this Commission, has 11 (b) of the act.” In its order of March quirements of section 11 (b) of the ac | jurisdiction over the proposed trans­ 13,1956, the United States District Court By the Commission. actions. for the District of Delaware reserved [ s e a l ] O rval L . DuBois, ¡ Notice is further given that any inter­ jurisdiction “to entertain such further Secretary- ested person may, not later than March proceedings, to make such further find­ 6, 1957, request of this Commission in ings, to enter such supplemental orders [F. R. Doc. 57-1463; Filed, Feb. 26, l957,j writing that a hearing be held in respect and decrees, to take such further action, 8:53 a. m.]