^ O N A L ^

¿ . ' \ uttebaY V T , I SCRIPTA i F* ts. ( MANET f ^ r P \ J V DERAL REGSTER

VOLUME 22 &*, 1 9 3 4 ¿ < y NUMBER 178 * ^A/ITEO %

Washington, Friday, September 13, 1957

TITLE 2— THE CONGRESS assessment of $1.30 for each ton of sal­ CONTENTS able tonnage dried figs handled by him ACTS APPROVED BY THE PRESIDENT as the first handler thereof during the THE CONGRESS crop year which began on August 1,1957 Page Cross R eference: A listing of current and will end on July 31, 1958. Such as­ Acts Approved------'------7299 public laws approved by the President sessment rate is hereby fixed as each appears at the end of this issue. handler’s pro rata share of the aforesaid EXECUTIVE AGENCIES expenses. Agricultural Marketing Service TITLE 7— AGRICULTURE For the purpose of the foregoing ac­ Proposed rule making : tion, “salable tonnage dried figs” means Milk; in marketing areas: Chapter IX— Agricultural Marketing and includes all natural condition dried Greater Wheeling and Clarks- Service (Marketing Agreements and figs acquired by a handler during the burg, W. Va______7316 Orders), Department of Agriculture crop year which began on August 1, 1957, Inland Empire______7326 pursuant to the applicable provisions of Philadelphia, Pa______7316 Part 964—D ried P igs P roduced in the aforesaid marketing agreement, as Rules and regulations: California Figs, dried; produced in Cali­ amended, and order, as amended. fornia; approval of budget of APPROVAL OF BUDGET OF EXPENSES OF DRIED It is hereby found and determined that expenses for Dried Fig Ad­ FIG ADMINISTRATIVE COMMITTEE FOR it is impracticable, unnecessary, and ministrative Committee f o r 1957-58 CROP YEAR AND FIXING RATE OF contrary to the public interest to give 1957-58 crop yèar and fixing ASSESSMENT FOR SUCH CROP YEAR preliminary notice, and engage in pub­ rate of assessment for crop Pursuant to Marketing Agreement No. lic rule-making (see section 4 (a) of the year______7299 123, as amended, and Order No. 64, as Administrative Procedure Act; 5 U. S. C. Agriculture Department amended (7 CFR, Part 964; 21 P. R. 1001 et seq.), and it is further found See Agricultural Marketing Service. 7649), regulating the handling of dried and determined that good cause exists Atomic Energy Commission figs produced in California, effective un­ for not postponing the effective date of Notices: der the Agricultural Marketing Agree­ this order for 30 days, or any lesser pe­ University of Âkron; issuance ment Act of 1937, as amended (7 U. S. C. riod, after its publication in the F ederal of facility license______7349 601 et seq.), and upon the basis of rec­ R egister (see section 4 (c) of the Ad­ Civil Aeronautics Administra­ ommendations and information fur­ ministrative Procedure Act, supra) in tion nished by the Dried Pig Administrative that: (1) Deliveries pf 1957 crop dried Rules and regulations: Committee (hereinafter referred to as figs from producers and dehydrators to Aircraft materials, parts, proc­ the “committee”)- and other available handlers have already commenced; (2) esses, and appliances; techni­ information, it is hereby found, and de­ the committee must be enabled to obtain cal standard orders ; flight termined, and, therefore, it is hereby assessment revenue promptly to defray and powerplant instruments»' 7301 ordered, that the budget of expenses of expenses of administering the program; Restricted areas; alterations__ 7302 the committee and the rate of assess­ and (3) this action will require no ad­ Civil Aeronautics Board ment for the crop year which began on vance preparation by dried fig handlers. Notices: August 1,1957 shall be as follows: Accordingly, it is imperative that this Hearings, etc.: action be made effective as soon as pos­ Capital group student fares_ 7349 § 964.302 Budget of expenses of the Intra-Alaska case______7349 Dried Fig Administrative Committee and sible and not later than the date on rate of assessment for the 1957-58 crop which this order is published in the Commerce Department F ederal R egister. See Civil Aeronautics Adminis­ year—(a) Budget of expenses. Expenses tration. in the amount of $26,260 are reasonable (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. and are likely to be incurred by the com­ 608c) Customs Bureau Notices: mittee for its functions and maintenance Dated September 10, 1957, to become Transfer from appraisers of for the crop year which began on August effective upon publication in the F ederal merchandise to collectors of 1.1957 and will end on July 31,1958. R egister. customs of certain functions. 7344 (b) Rate of assessment. Each han­ [ seal] R oy W. Lennartson, Rules and regulations: dler shall pay to the committee, in ac­ Deputy Administrator, Disposition of unclaimed and cordance with the provisions of § 964.71 Marketing Services. abandoned merchandise; sale. 7303 (a) of the marketing agreement, as (F. R. Doc. 57-7545; Filed, Sept. 12, 1957; Defense Department amended, and order, as amended, an 8:56 a. m.j See Navy Department. 7299 7300 RULES AND REGULATIONS

CONTENTS— Continued CONTENTS— Continued Federal Communications Com- PaSe Land Management Bureau PaSe FEDEML^REGISTER mission Notices : '»34 J Proposed rule making—Con. California : Stations on land and on ship­ Order providing for opening Published dally, except Sundays, Mondays, board in maritime services; of public lands______!___ 7345 and days following official Federal holidays, deletions to make available Proposed withdrawal and res­ by the Federal Register Division, National ervation of lands_____ 7345 Archives and Records Service, General Serv­ certain frequency on full-time ices Administration, pursuant to the au­ basis for ship and coast sta­ Oregon; revoking recreational thority contained in the Federal Register Act, tions using radiotelephony on withdrawal--__ 1_____ 7344 approved July 26, 1935 (49 Stat. 500, as Mississippi River and con­ Rules and regulations : amended; 44 U. S. C., ch. 8B), under regula­ necting inland waters (except Public land orders : tions prescribed by the Administrative Com­ Great Lakes)______7341 Alaska (6 documents)__ 7308-7311 mittee of the Federal Register, approved by Rules and regulations : Colorado (4 documents)-. 7311-7313 the President. Distribution is made only by Mississippi______7313 the Superintendent of Documents, Govern­ Aviation services; relaxing air­ m ent Printing Office, Washington 25, D. C. craft radio station identifica­ Nevada (2 documents)_ 7308,7309 The F ederal R egister will be furnished by tion requirements______7314 Tennessee______7307 mail to subscribers, free of postage, for $1.50 Land transportation radio serv­ Utah______7307 per m onth or $15.00 per year, payable in ices; requirement that appli­ Washington______7313 advance. The charge for individual copies cants submit evidence of coop­ Navy Department (minimum 15 cents) varies in proportion to eration with existing licencees the size of the issue. Remit check or money Notices : order, made payable to the Superintendent in selection of a frequency__ 7314 Organization statement; Office of Documents, directly to the Government Federal Power Commission of the Judge Advocate Gen­ Printing Office, W ashington 25, D. C. eral------7343 The regulatory material appearing herein Notices : is keyed to the Code of F ederal R egulations, Hearings,fete. : Securities and Exchange Com­ which is published, under 50 titles, pursuant Humphreys County Utility mission to section 11 of the Federal Register Act, as District.____ ;______7351 Notices: amended August 5, 1953. The Code of F ed­ Southwestern Power Admin­ Hearings, etc.: eral R egulations is sold by the Superin­ istration, Interior Depart­ Civil and Military Investors tendent of Documents. Prices of books and ment______7352 pocket supplements vary. Mutual Fund, Inc______7353 There are no restrictions on the re­ Fish and Wildlife Service Idea, Inc______7352 publication of material appearing in the Rules and regulations : Philadelphia Insulated Wire F ederal R egister, or the Code of F ederal Southeastern Alaska Area; Co______7353 R egulations. Eastern District; salmon Phoenix Hosiery Co______7354 fisheries; additional fishing Small Business Administration CFR SUPPLEMENTS tim e------7315 Notices: Tennessee National Wildlife Chief, Financial Assistance Di­ The following is now available: Refuge; cross-reference to vision; Chicago Regional Of­ public land order reserving fice; delegation of authority Title 3, 1943-1948 Compilation certain lands as 'addition___ 7315 relating to financial assist­ ($7.00) Food and Drug Administration ance functions.______7354 State Department All pocket supplements and revised books Proposed rule making: as of January 1, 1957, have been pre­ Drugs exempted from prescrip­ Notices: viously announced except Titles 1—3 and tion-dispensing requirements; International Cooperation Ad­ the supplement to the General Index. exemption of carbetapentane ministration; further delega­ citrate preparations______7315 tion of authority______7344 Order from Superintendent of Documents, Pesticide chemicals in or on Rules and regulations: Government Printing Office, Washington raw agricultural commodi­ Visas: documentation of immi­ ■ 25, D. C. I ties; petitions to establish grants under Immigration tolerances for residues of: and Nationality Act; immi­ Manganous dimethyldithio- grant classification symbols_■ 7307 CONTENTS-—Continued car bamate______7315 Treasury Department Monuron______7315 See Customs Bureau; Internal Federal Communications Com- PaSe Health, Education, and Welfare Revenue Service. mission Department Veterans Administration Notices: See Food and Drug Administra­ Rules and regulations: Hearings, etc.: tion. Dependents and beneficiaries Beehive Telecasting Corp. and claims; miscellaneous amend­ Jack A. Burnett______7350 Interior Department ments and additions______7306 See also Fish and Wildlife Serv­ Epperson, Ralph D., and Wil­ Wage and Hour'Division liamsburg Broadcasting Co- 7350 ice; Land Management Bureau. Palm Springs Translator Sta­ Notices : Notices: tion, Inc______7349 Director, National Park Serv­ Learner employment certifi­ ice; delegation of authority cates; issuance to various in­ Port City Television Co., Inc., dustries______7346 and Bayou Broadcasting to negotiate for services of en­ Corp______7350 gineering, architectural, and Ripley, Joseph M., Inc., et al_ 7349 landscape architectural firms- 7346 CODIFICATION GUIDE United Broadcasting Co., Inc., A numerical list of the parts of the Code et al------7351 Internal Revenue Service of Federal Regulations affected by documents Proposed rule making: Rules and regulations: published in this issue. Proposed rules, as Amateur radio service; opera­ Income tax; taxable years be­ opposed to final actions, are identified as tion away from authorized ginning after Dec. 31, 1953; such. locations______7341 sale of land with unharvested crop ; debts owed by political Title 3 pa&e Land transportation radio serv­ parties-— ______7303 Chapter I (Proclamations) : ices; clarifying permissible Nov. 5, 1906 (see PLO 1487)___- 7309 scope of cooperative use of Labor Department 833 (see PLO 1487)— ;______7309 facilities______7342 See Wage and Hour Division. 839 (see PLO 1487)______7309 Friday, September IS, 1957 FEDERAL REGISTER 7301

CODIFICATION GUIDE— Con. for fuel flow meters which specifically CODIFICATION GUIDE— Con. are required to be approved for use in Title 3— Continued page Title 47— Continued Pa&® civil aircraft of the United States. New Chapter I—Continued models of fuel flow meters manufactured Chapter I (Proclamations)—Con. for installation in civil aircraft on or 1134 (see PLO 1487)______7309 Part 9____ 7314 Part 12 (proposed).______7341 after October 15,. 1957, shall meet the 1221 (see PLO 1487)______7309 standards set forth in SAE Aeronautical 1465 (see PLO 1487)______7309 Part 16______— 7314 Proposed rules______7342 Standard AS-407A, “Fuel Flow Meters,” 1509 (see PLO 1487)______7309 dated December 14, 1954.1 Fuel flow Chapter II (Executive orders): Title 50 meters approved by the Civil Aeronautics 908 (see PLO 1487)______7309 Chapter I: Administration prior to October 15,1957, 1174 (see PLO 1487)______7309 Part 17______7515 may continue to be manufactured under 2162 (see PLO 1487)______7309 Part 119---- 7515 the provisions of their original approval. 5863 (see PLO 1487)— ------7309 (b) Marking. In lieu of the weight 7607 (see PLO 1487) ______7309 specified in paragraph (c) of § 514.3, the 7884 (see PLO 1487) — ----—— 7309 TITLE 14— CIVIL AVIATION range and rating shall be shown. 8305 (revoked by PLO 1491)— 7309 Chapter II— Civil Aeronautics Admin­ (c) Data requirements. One copy Title 7 each of the manufacturer’s operating in­ Chapter IX: istration, Department of Commerce structions, schematic diagrams, and in­ Part 961 (proposed)------— 7316 [Arndt. 9] stallation procedures shall be furnished Part 964_:______— 7299 P art 514—T echnical S tandard O rders the Chief, Aircraft Engineering Division, Part 1002 (proposed)______7316 Civil Aeronautics Administration, Wash­ Part 1008 (proposed)______i 7326 for A ircraft M aterials, P arts, P roc­ esses, and Appliances ington 25, D. C., with the statement of Part 1009 (proposed)------7316 conformance. Title 14 FLIGHT AND POWERPLANT INSTRUMENTS (d) Effective date. October 15, 1957. Chapter II: M in im u m performance standards for § 514.44 Manifold pressure indicating Part 514______7301 instruments which specifically are re­ instruments—TSO-C45—(a) Appli- Part 608__ 7302 quired to be approved for use in civil air­ cabilit y—(1) Minimum performance Title 19 craft of the United States are defined in standards. Minimum performance Chapter I: the new regulations § § 514.42 through standards are hereby established for Part 20______—_------7303 514.48 (TSO-C43 through TSO-C49). manifold pressure indicating instru­ Sections 514.42 through 514.48 ap­ ments which specifically are required to Title 21 peared as notices of proposed rule mak­ be approved for use in civil aircraft of Chapter I: ing in 22 F. R. 4478-4479 on June 26, the United States. New models of man­ Part 120 (proposed) (2 docu­ 1957. All interested persons have been ifold pressure indicating instruments ments)______7315 afforded an opportunity to submit writ­ manufactured for installation in civil Part 130 (proposed)______7315 ten views, data or argument.' No com­ aircraft on or after October 15, 1957, Title 22 ments were received. shall meet the standards set forth in SAE Chapter I: Sections 514.42 through 514.48 are Aeronautical Standard AS-411, “Mani­ Part 42______7307 added under Subpart B of this part to fold Pressure Indicating Instruments,” Title 26 (1954) read as follows: dated November 1,1948.1 ( Manifold pres­ Chapter I: § 514.42 Temperature indicators— sure indicating instruments approved by Part 1______— 7303 TSO-C43—(a) Applicability—(1) Mini- the Civil Aeronautics Administration mum performance standards. Minimum prior to October 15, 1957, may continue Title 38 performance standards are hereby estab­ to be manufactured under the provisions Chapter I: lished for temperature indicators which of their original approval. Part 3__ 7306 specifically are required to be approved (b) Marking. In lieu of the weight Part 4______7306 for use in civil aircraft of the United specified in paragraph (c) of § 514.3, the Title 43 States. New models of temperature in­ range and rating shall be shown. Chapter I: dicators manufactured for installation in (c) Data requirements. One copy Appendix (Public land orders): civil aircraft on or after October 15, each of the manufacturer’s operating 225 (revoked in part by PLO 1957, shall meet the standards set forth instructions, schematic diagrams, and 1486)______7308 in SAE Aeronautical Standard AS-413A, installation procedures shall be fur­ 338 (revoked in part by PLO “Temperature Indicator,” dated Decem­ nished the Chief, Aircraft Engineering 1485)____ 7308 ber 15, 1954.1 Temperature indicators Division, Civil Aeronautics Administra­ 679 (see PLO 1491)______7311 approved by the Civil Aeronautics Ad­ tion, Washington 25, D. C., with the 743 (see PLO 1491)______7311 ministration prior to October 15, 1957, statement of conformance. 842 (revoked in part by PLO may continue to be manufactured under (d) Effective date. October 15, 1957. 1484)______7308 the provisions of their original approval. § 514.45 Maximum allowable airspeed 1482 ______7307 (b) Marking. In lieu of the weight indicators—TSO-C46—(a) Applica­ 1483 ____1______7307 specified in paragraph (c) of § 514.3, the bility—( 1 ) Minimum performance 1484 ______7308 rating shall be shown. standards. Minimum performance 1485 ______7308 (c) Data requirements. One copy standards are hereby established for 1486 ______7308 each of the manufacturer’s operating in­ maximum allowable airspeed indicators 1487 ______7309 structions, schematic diagrams, and in­ which specifically are required to be ap­ 1488 ------7309 stallation procedures shall be furnished proved for use in civil aircraft of the 1489______7310 the Chief, Aircraft Engineering Division, United States. New models of. maximum 1490 ------7310 Civil Aeronautics Administration, Wash­ allowable airspeed indicators manufac­ 1491 ------, 7311 ington 25, D. C., with the statement of tured for installation in civil aircraft on 1492 ------7311 conformance. or after October 15, 1957, shall meet the 1493 ------7312 (d) Effective date. October 15, 1957. 1494 ------7312 standards set forth in SAE Aeronautical 1495 ------7313 § 514.43 Fuel flow meters—TSO-C44—« Standard AS-418, “Maximum Allowable 1496______7313 (a) Applicability—(1) Minimum per­ Airspeed Indicators,” dated December 1501------7313 formance standards. Minimum perform­ 15, 1956.1 Maximum allowable airspeed ance standards are hereby established indicators approved by the Civil Aero­ Title 47 nautics Administration prior to October Chapter I: * Copies may be obtained from the Society 15, 1957, may continue to be manufac­ Part 7 (proposed)______7341 of Automotive Engineers, 485 Lexington Ave­ tured under the provisions of the original Part 8 (proposed)______7341 nue, New York 17, New York. approval. 7302 RULES AND REGULATIONS

(b) Marking. In lieu of the weight (c) Data requirements. One copyington 25, D. C., with the statement of specified in paragraph (c) of § 514.3, the each of the manufacturer’s operating in­ conformance, range shall be shown. structions, schematic diagrams, and in­ (d) Effective date. October 15, 1957. (c) Data requirements. One copy stallation procedures shall be furnished (See. 205, 52 Stat. 984; as amended; 49 U. S. C. each of the manufacturer’s operating in­ the Chief, Aircraft Engineering Division, 425. Interpret or apply sec. 601, 52 Stat. structions, schematic diagrams, and in­ Civil Aeronautics Administration, Wash­ 1007, as amended; 49 U. S. C. 551) stallation procedures shall be furnished ington 25, D. C., with the statement of the Chief, Aircraft Engineering Division, conformance. [ seal] W illiam B. D avis, Civil Aeronautics Administration, Wash­ ~ (d) Effective date. October 15, 1957. Acting Administrator of Civil Aeronautics. ington 25, D. C., with the statement of §•514.48 Electric tachometers: mag­ conformance. netic drag (indicator and generator) :— S eptember 6, 1957. (d) Effective date. October 15, 1957. TSO-C49—(a) Applicability— (1) Mini­ [P. R. Doc. 57-7492; Piled, Sept. 12, 1957; § 514.46 Pressure instruments—fuel, mum performance standards. M inim um 8:45 a. m.] oil, and hydraulic—TSO-C47—(a) Ap­ performance standards are hereby estab­ plicability—(1) Minimum performance lished for electric tachometers: mag­ standards. Minimum performance netic drag (indicator and generator) standards are hereby established for which specifically are required to be ap­ [Arndt. 207] pressure instruments—fuel, oil and hy­ proved for use in civil aircraft of the draulic—which specifically are required United States. New models of electric P art 608—R estricted A reas to be approved for use in civil aircraft tachometers: magnetic drag (indicator ALTERATIONS of the United States. New models of and generators) manufactured for in­ pressure indicators—fuel, oil, and hy­ stallation in civil aircraft on or after The restricted area alterations appear­ draulic—manufactured for installation October 15, 1957, shall meet the stand­ ing hereinafter have been coordinated in civil aircraft on or after October 15, ards set forth in SAE Aeronautical with the civil operators involved, the 1957, shall meet the standards set forth Standard AS-404A, “Electric Tach­ Army, the Navy and the Air Force, in SAE Aeronautical Standard AS-408A, ometer: Magnetic Drag (indicator and through the Air Coordinating Commit­ “Pressure Instruments—Fuel, Oil, and generator),” dated December 15, 1954.1 tee, Airspace Panel, and are adopted to Hydraulic,” dated December 15, 1954.1 Electric tachometers: magnetic drag (in­ become effective when indicated in order Pressure instruments—fuel, oil and hy­ dicator and generator) approved by the to promote safety of the flying public. draulic—approved by the Civil Aeronau­ Civil Aeronautics Administration prior Since a military function of the United tics Administration prior to October to October 15, 1957, may continue to be States is involved, compliance with the 15, 1957, may continue to be manu­ manufactured under the provisions of notice, procedure and effective date, pro­ factured under the provisions of their their original approval. visions of section 4 of the Administrative original approval. (b) Marking. In lieu of the weight Procedure Act is not required. (b) Marking. In lieu of the weight specified in paragraph (c) of § 514.3, the Part 608 is amended as follows: specified in paragraph (c) of § 514.3, the range shall be shown. rating and range shall be shown. (c) Data requirements. One copy 1. Section 608.39, the White Sands (c) Data requirements. One copy each of the manufacturer’s operating Restricted Area Number 1 (formerly each of the manufacturer’s operating in­ instructions, schematic diagrams, and called White Sands Proving Grounds), structions, schematic diagrams, and in­ installation procedures shall be furnished New Mexico, area (R-209 formerly stallation procedures shall be furnished the Chief, Aircraft Engineering Division, D-209), amended October 31, 1951 in the Chief, Aircraft Engineering Division, Civil Aeronautics Administration, Wash­ 16 F. R. 11066, is redesignated as follows: Civil Aeronautics Administration, Wash­ ington 25, D. C., with the statement of Name and location Description by geographical co- Designated Time of designa- Controlling conformance. ■ (chart) ordinates altitudes tion agency (d) Effective date. October 15,1957. White Sands, N. Mex. “ Beginning at latitude 34°15'45", Unlimited___ Continuous___ Holloman AFB, § 514.47 Carbon monoxide detector in­ Restricted Area No. longitude 106°40'30"; thence to Alamogordo struments—TSO-C48—(a) Applicabil­ 1 (R-209) (Roswell, - latitude 34°17'00", longitude N. Mex. Albuquerque). 106°12'00"; thence to latitude ity—(1) Minimum performance stand­ 34°17'00", longitude 106°04'00"; ards. Minimum performance standards thence to latitude 32°50'00", lon­ are hereby established for carbon mon­ gitude 106°Q4'00"; thence to lati­ tude 32°36'00", longitude oxide^ detector instruments which spe­ 106°06'00"; thence to latitude cifically are required to be approved for 32°25'00", longitude 106°06'00"; thence to latitude 32°00'00", lon­ use in civil aircraft of the United States. gitude 106°21'00"; thence to lati­ New models of carbon monoxide detector tude 32°00'00"; longitude 106°34'00"; thence to latitude instruments manufactured for installa­ 32°18'00", longitude 106°34'00"; tion in civil aircraft on or after Oc­ thence to latitude 32°18'00", tober 15, 1957, shall meet the standards longitude 106°39'00";- thence to latitude 33°13'00", longitude set forth in SAE Aeronautical Standard 108°52'00"; thence to point of be- AS-412A, “Carbon Monoxide Detector ginning”. Instruments,” dated December 15, 1956.1 Carbon monoxide detector instruments 2. Section 608.39, the White Sands, New Mexico, Restricted Area Number 2 approved by the Civil Aeronautics Ad­ (R-521), is added to read: ministration prior to October 15, 1957, may continue to be manufactured under Name and location Description by geographical co­ Designated Time of designa­ Controlling the provisions of their original approval. (chart) ordinates altitudes tion agency (b) Marking. In lieu of the weight White Sands, N. Mex. “That airspace West of White Prom 20;000 Unlimited,ex­ Holloman AFB, specified in paragraph (c) of § 514.3, the «Restricted- Area No. Sands Restricted Area No. 1 feet mean cept at such Alamogordo, 2 (R-521) (Rosewell, (R-209), described above, which _ sea level to time as re­ N. Mex. rating shall be shown. Albuquerque). is bounded by an arc of 33 and unlimited. leased to one-half statute miles radius cen­ ARTC Cen­ 1 Copies may be obtained from the Society tered at North latitude 33°46'45", ter by Con­ West longitude 106°46'00".” trolling of Automotive Engineers, 485 Lexington Agency. Avenue, New York 17, New York. Friday, September 13, 1957 FEDERAL REGISTER 7303

3. Section 608.39, the White Sands, New Mexico, Restricted Area Number 3 Sec. 1.268-1 Items attributable to an unhar­ (R-522), is added to read: vested crop sold with the land. 1.270 Statutory provisions; limitation on Name and location Description by geographical co­ Designated Time of designa­ Controlling deductions allowable to individ­ (chart) ordinates altitudes tion agency uals in certain cases. 1.270-1 Limitation on deductions allowable White Sands, N. Mex. “Beginning at latitude 34° 17'00”, From 16,000 Unlimited, ex- Holloman AFB, to individuals in certain cases. Restricted Area No. longitude 106°04'00"; thence to feet mean cept at such Alamogordo, 1.271 Statutory provisions; debts owed by 3 (R-522) (Roswell, latitude 34°17'00", longitude sea level to time as re­ N. Mex. Albuquerque). ‘ 105°51'00"; thence to latitude unlimited. leased to political parties, etc. 33°57'00", longitude 105°2r00"; Albuquerque thence to latitude 32°45'00", lon­ ARTC Cen­ Authority: §§1.268 to 1.271 issued under gitude 105°27'00"; thence to lati­ ter by Con­ sec. 7805, 68A Stat. 917; 26 U. S. C. 7805. tude 32°45'00", longitude trolling 105°59'00"; thence to latitude Agency. § 1.268 Statutory provisions; sale of 32°36'00", longitude 106°00,00”; land with unharvested crop. thence to latitude 32°36'00", longitude 106°06'00"; thenoe to Sec. 268. Sale of land with unharvested latitude 32°50'00", longitude crop. Where an unharvested crop sold by 106°04'00"; thence to point of beginning.” the taxpayer is considered under the provi­ sions of section 1231 as “property used in the trade or business”, in computing taxable in­ 4. Section 608.62, the Dillingham, Territory of Hawaii, area (R-333) formerly come no deduction (whether or not for the Mokuleia, Territory of Hawaii, area amended April 27, 1956, in 21 P. R. 2719, is taxable year of the sale and whether for redesignated as follows: expenses, depreciation, or otherwise) attrib­ utable to the production of such crop shall be allowed. Name and location Description by geographical co­ - Designated Time of designa­ Controlling (chart) ordinates altitudes tion agency § 1.268-1 Items attributable to an un­ harvested crop sold with the land. In Dillingham, territory “Beginning at latitude 21°34'45” 40,000 feet As published Commanding computing taxable income no deduction of Hawaii Re­ North, longitude 158°17'20" West; mean sea in NOTAMS General, stricted Area thence tolatitude21°35'20" North, level. (Firing USARPAC. shall be allowed in respect of items at­ (R-333) (Hawaiian longitude 158°19'40" West; thence Notices). tributable to the production of an un­ Islands). North and East along a line 3 During the statute miles from the shoreline hours 0700- harvested crop which is sold, exchanged, of Oahu to latitude 21°37'50" 1700. or involuntarily converted with the land North, longitude 158°08'50" W est; thence tolatitude2J°35'30" N orth, and which is considered as property used . longitude 158°11'30" West; thence in the trade or business under section to latitude 21°35'15" North, lon­ gitude 158°14'30" West; thence to 1231 (b) (4). Such items shall be so point of beginning”. treated whether or not the taxable year involved is that of the sale, exchange, or 5. Section 608.62, the Kaena Point, (R. S. 161, 251, sec. 624, 46 Stat. 759; 5 U. S. C. conversion of such crop and whether Territory of Hawaii, area (R-317) 22, 19 U. S. C. 66, 1624) they are for expenses, depreciation, or amended October 31, 1951 in 16 F. R. otherwise. If the taxable year involved [ seal] R alph K elly, is not that of the sale, exchange, or con­ 11066, is rescinded. Commissioner of Customs. version of such crop, a recomputation of (Sec. 205, 52 Stat. 984, as amended: 49 U. S. C. Approved: September 4, 1957. the tax liability for such year shall be 425. Interpret or apply Sec. 601, 52 Stat. made; such recomputation should be in 1007, as amended; 49 U. S. C. 551) F red C. S cribnER, Jr., Acting Secretary of the Treasury. the form of an “amended return” if nec­ This amendment shall become effective essary. For the adjustments to basis as on October 24, 1957. [F. R. Doc. 57-7506; Piled, Sept. 12, 1957; a result of such disallowance, see section 8:48 a. m.] [seal] W illiam B. D avis, 1016 (a) (11) and the regulations Acting Administrator thereunder. of Civil Aeronautics. TITLE 26— INTERNAL REVENUE, § 1.270 Statutory provisions; limita­ tion on deductions allowable to individ­ S eptember 6, 1957. 1954 uals in certain cases. [P. R. Doc. 57-7491; Piled, Sept. 12, 1957; Chapter I— Internal Revenue Service, Sec. 270. Limitation on deductions allow­ 8:45 a. m.] able to individuals in certain cases— (a) Re­ Department of the Treasury computation of taxable income. If the [T. D. 6252] deductions allowed by this chapter or the TITLE 19— CUSTOMS DUTIES corresponding provisions of prior revenue P art 1— I ncome T ax; T axable Y ears B e­ laws (other than specially treated deduc­ Chapter I— Bureau of Customs, ginning A fter D ecember 31, 1953 tions, as defined in subsection (b)) allowable to an individual (except for the provisions [T. D. 54432] ITEMS NOT DEDUCTIBLE of this section or the corresponding provi­ Part 20—D ispositio n of U nclaimed and On May 23, 1957, a notice of proposed sions of prior revenue laws) and attributable Abandoned M erchandise rule making regarding the regulations to a trade or business carried on by him for for taxable years beginning after Decem­ 5 consecutive taxable years have, in each of sale such years (including at least one year to ber 31, 1953, and ending after August 16, which this subtitle applies), exceeded by In view of the limited transfer to col­ 1954, except as otherwise provided, more than $50,000 the gross income derived lectors of customs of the function of under section 268, relating to the sale from such trade or business, the taxable in­ determining the values of unclaimed of land with unharvested crop, section come (computed under section 63 or the merchandise abandoned to the Govern­ 270, relating to limitation on deductions corresponding provisions of prior revenue ment (Customs Delegation Order No. 12, allowable to individuals in certain cases, laws) of such individual for each of such T. D. 54430), § 20.5 of the Customs Regu­ years shall be recomputed. For the purpose and section 271, relating to debts owed of such recomputation in the case of any lations is amended as follows: by political parties, etc., was published such taxable year, such deductions shall be Paragraph (b) is amended by inserting in the F ederal R egister (22 F. R . 3627). allowed only to the extent of $50,000 plus the a footnote reference “5a” following After consideration of all such relevant gross Income attributable to such trade or “amended” in the first sentence, and matter as was presented by interested business, except that the net operating loss a new footnote is appended, reading: parties regarding the rules proposed, deduction, to the extent attributable to such the following regulations are hereby trade or business, shall not be allowed. ** The function of determining values of adopted : (b) Specially treated deductions. For the ■unclaimed and abandoned merchandise in purpose of subsection (a) the specially any case where the aggregate appraised value it em s n o t deductible treated deductions shall be taxes, Interest, of the lot will not exceed $250 has been trans­ Sec. casualty and abandonment losses connected ferred from the appraiser to the collector. 1.268 Statutory provisions; sale of land with a trade or business deductible under (T. D. 54430.) with unharvested crop. section 165 (c) (1), losses and expenses of 7304 RULES AND REGULATIONS

the trade or business of farming which are graph (b) of this section (other than the munity property State under circum­ directly attributable to drought, the net op­ net operating loss deduction) shal^-each erating loss deduction allowed by section 172, stances such that the income therefrom and expenditures as to which taxpayers are be allowed in full. The net operating is considered to be community income, given the option, under law or regulations, loss deduction, to the extent attributable the taxpayer and his spouse are treated either (1) to deduct as expenses when in­ to such trade or business, shall be dis­ for purposes of section 270 as two in­ curred or (2) to defer or capitalize. allowed in its entirety. Thus, a carry­ dividuals engaged separately in the same (c) Redetermination of tax. On the basis over or a carryback of a net operating trade or business and the gross income of the taxable income computed under the loss so attributable, either from a year and deductions attributable to the trade provisions of subsection (a) for each of the within the period of five consecutive tax­ 5 consecutive taxable years specified in such or business are allocated one-half to the subsection, the tax imposed by this subtitle able years or from a taxable year outside taxpayer and one-half to the spouse. or the corresponding provisions of prior rev­ of such period, shall be ignored in mak­ Where several business activities ema­ enue laws shall be redetermined for each such ing the recomputation of taxable income nate from a single commodity, such as oil taxable year. If for any. such taxable year or net income, as the case may be. or gas or a tract of land, it does not assessment of a deficiency is prevented (ex­ (3) The limitations on deductions necessarily follow that such activities are cept for the provisions of section 1311 ahd provided by section 270 are also appli­ one business for the purposes of section following) by the operation of any law or cable in determining under section 172, rule of law (other than section 7122, relating 270. However, in order to be treated to compromises), any increase in the tax or the corresponding provisions of prior separately, it must be established that previously determined for such taxable year revenue laws, the amount of any net such business activities are actually con­ shall be considered a deficiency for purposes operating loss carryover or carryback ducted separately and are not closely of this section. For purposes of this section, from any year which falls within the interrelated with each other. For the the term “tax previously determined” shall provisions of section 270 to any year purposes of section 270, the trade or busi­ have the meaning assigned to such term by which does not fall within such provi­ ness carried on by an individual must be section 1314 (a) (1). sions. Also, in determining under sec­ the same in each of the five consecutive (d) Extension of statute of limitations. tion 172, or the corresponding provisions Notwithstanding any law or rule of law years in which the deductions (other (other than section 7122, relating to com­ of prior revenue laws, the amount of any than the specially treated deductions) promises), any amount determined as a de­ net operating loss carryover from a year exceed the gross income derived from ficiency under subsection (c), or which which falls within the provisions of sec­ such trade or business by more than would be so determined if assessment were tion 270 to a year which does not fall $50,000. prevented in the manner described in sub-" within such provisions, the amount of (5) For the purposes of section 270, a section (c), with respect to any taxable year net operating loss is to be reduced by the taxable year may be part of two or more may be assessed as if on the date of the taxable income or net income, as the case expiration of the time prescribed by law for periods of five consecutive taxable years. the assessment of a deficiency for the fifth may be (computed as provided in Thus, if the deductions (other than the taxable year of the 5 consecutive taxable § 1.172-5, or 26 CFR, 1949 Ed. 39.122-4 specially treated deductions) attributable years specified in subsection (a), 1 year re­ (c), as the case may be and, in the case to a trade or business carried on by an mained before the expiration of the period of any taxable year which falls within the individual exceed the gross income there­ of limitation upon assessment for any such provisions of section 270, determined from by more than $50,000 for each of taxable year. after the application of section 270), of six consecutive taxable years, the fifth § 1.270-1 Limitation on deductions any taxable year preceding or succeeding year of such six consecutive taxable years allowable to individuals in certain the taxable year of the net operating loss shall be considered to be a part both of cases—(a) Recomputation of taxable to which such loss must first be carried a five-year period beginning with the income. (1) Under certain circum­ back or carried over under the provisions first and ending with the fifth taxable stances, section 270 limits the deductions of section 172 (b), or the corresponding year and of a five-year period beginning (other than certain deductions described provisions of prior revenue laws, even with the second and ending with the in subsection (b) thereof) attributable though the net operating loss deduction sixth taxable year. to a trade or business carried on by an is not an allowable deduction for such (6) For the purposes of section 270, a individual which are otherwise allowable preceding or succeeding taxable year. short taxable year required to effect a to such individual under the provisions (4) If an individual carries on several change in accounting period constitutes of chapter 1 of the Internal Revenue trades or businesses, the deductions at­ a taxable year. In determining the ap­ Code of 1954 or the corresponding pro­ tributable to such trades or businesses plicability of section 270 in the case of a visions of prior revenue laws. If, in each and the gross income derived therefrom short taxable year, items of income and of five consecutive taxable years (includ­ shall not be aggregated in determining deduction are not annualized. ing at least one taxable year beginning whether the deductions (other than the (b) Specially treated deductions. (1) after December 31,1953, and ending after specially treated deductions) exceed the For the purposes of section 270 and para­ August 16,1954), the deductions attribut­ gross income derived from such trades graph (a) of this section, the specially able to a trade or business carried on by or businesses by more than $50,000 in treated deductions are: an individual (other than the specially any taxable year. For the purposes of (1) Taxes, treated deductions described in para­ section 270, each trade or business shall (ii) Interest, graph (b) of this section) exceed the be considered separately. However, (iii) Casualty and abandonment losses gross income derived from such trade or where a particular business of an connected with a trade or business de­ business by more than $50,000, the tax­ individual is conducted in one or more ductible under section 165 (c) (l)i or able income computed under section 63 forms such as a partnership, joint ven­ the corresponding provisions of prior (or the net income computed under the ture, or individual proprietorship, the in­ revenue laws, corresponding provisions of prior revenue dividual’s. share of the profits and losses (iv) Losses and expenses of the trade laws) of such individual shall be re­ from each business unit, must be aggre­ or business of farming which are di­ computed for each of such taxable years. gated to determine the/applicability of rectly attributable to drought, (2) In recomputing the taxable in­section 270. See § 1.702-1 (a) (8). (ii) (v) The net operating loss deduction come (or the net income, in the case of and (b), relating to applicability of sec­ allowed by section 172, or the corre­ taxable years which are otherwise sub­ tion 270 to a partner. Where it is estab­ sponding provisions of prior revenue ject to the Internal Revenue Code of lished that for tax purposes a husband laws, and 1939) for each of the five taxable years, and wife are partners in the same trade (vi) Expenditures as to which a tax­ the deductions (other than the specially or business or that each is participating payer is given the option, under law or treated deductions described in para­ independently of the other in the same regulations, either (a) to deduct as ex­ graph (b) of this section with the excep­ trade or business with his and her own penses when incurred, or (b)'to defer or tion of the net operating loss deduction) money, the husband’s gross income and capitalize. attributable to the trade or business car­ deductions from that trade or business (2) For the purpose of subparagraph ried on by the individual shall be.allowed (1) (iv) of this paragraph, an individual shall be considered separately from the is engaged in the “trade or business of only to the extent of (i) the gross in­ wife’s gross income and deductions from farming” if he cultivates, operates, or come derived from such trade or busi­ that trade or business even though they manages a farm for gain or profit, either ness, plus (ii) $50,000. The specially file a joint return. Where a taxpayer is as owner or tenant. An individual who treated deductions described in para- engaged in a trade or business in a com­ receives a rental (either in cash or in Friday, September 13, 1957 FEDERAL REGISTER 7305 kind) which is based upon farm produc­ taxable years 1950 through 1954, the in­ tax previously determined for such year tion is engaged in the trade or business dividual in making the recomputation shall be considered a deficiency for the of farming. However, an individual who may not deduct expenditures paid or in­ purposes of section 270. The term “tax receives a fixed rental (without refer­ curred in the years 1950 through 1953 previously determined” shall have the ence to production) is engaged in the which must be capitalized under the law same meaning as that assigned to such trade or business of farming only if he applicable to those years, even though term by section 1314 (a). See § 1.1314 participates to a material extent in the the expenditures are deductible under (a)-l. operation or management of the farm. the Internal Revenue Code of 1954. (e) Assessment of tax. Any amount An individual engaged in forestry or the (c) Applicability to taxable years determined as a deficiency in the man­ growing of timber is not thereby engaged otherwise subject to the Internal Revenue ner described in paragraph (d) of this in the trade or business of farming. An Code of 1939. The net income of a tax­ section in respect of any taxable year of individual cultivating or operating a able year otherwise subject to the In­ the five consecutive taxable years speci­ farm for recreation or pleasure rather ternal Revenue Code of 1939 shall be fied in paragraph (a) of this section may than a profit is not engaged in the trade recomputed pursuant to section 270 if be assessed and collected as if on the or business of farming. The term “farm” (i)such taxable year is included in a daté of the expiration of the period of is used in its ordinarily accepted sense period of five consecutive taxable years limitation for the assessment of a defi­ and includes stock, dairy, poultry, fruit, which includes at least one taxable year ciency for the fifth taxable year of such crop, and truck farms, and also planta­ beginning after December 3.1, 1953, and five consecutive taxable years, one year tions, ranches, ranges, and orchards. An ending after August 16,1954, and (ii) the remained before the expiration of the individual is engaged in the trade or deductions (other than the specially period of limitation upon assessment for business of farming if he is a member of treated deductions specified in section 270 the taxable year in respect of which the a partnership engaged in the trade or (b)) for each taxable year in such five- deficiency is determined. If the taxable business of farming. year period exceed the $50,000 limitation year is one in respect of which an assess­ (3) In order for losses and expenses specified in section 270. As described in ment could be made without regard to of the trade or business of farming to paragraph (a) (5) of this section, a tax­ section 270, the amount of the actual qualify as specially treated deductions able year may be part of two or more pe­ deficiency as defined in section 6211 (a) under subparagraph (1) (iv) of this riods of five consecutive taxable years. (whether it is greater than, equal to, or paragraph such losses and expenses must If a particular taxable year is part of two less than the deficiency determined un­ be directly attributable to drought condi­ periods of five consecutive taxable years, der section 270 (c) ) shall be assessed and tions and not to other causes such as one meeting the requirements for re­ collected. However, if the assessment of faulty management or unfavorable mar­ computation pursuant to section 130 of a deficiency for such taxable year would ket conditions. In general, the follow­ the Internal Revenue Code of 1939 and be prevented by any provision of law ing are the types of losses and expenses the other meeting the requirements for (e. g., the period of limitation upon the which, if otherwise deductible, may qual­ recomputation pursuant to section 270 assessment of tax) except section 7122, ify as specially treated deductions under of the Internal Revenue Code of 1954, or the corresponding provision of prior subparagraph (1) (iv) of of this para­ then the recomputation for such taxable revenue laws, relating to compromises, graph: year shall be made pursuant to section or by the operation of any rule of law (i) Losses-for damages to or destruc­ 270. For example, if a calendar year (e. g., res judicata), then the excess of tion of property as a result of drought taxpayer sustains a loss from a trade or the tax recomputed as described in para­ conditions, if such property is used in business for each of the years 1949 graph (d) of this section over the tax the trade or business of farming or is through 1954, the years 1950, 1951, 1952, previously determined may be assessed purchased for resale in the trade or busi­ and 1953 may be a part of two such pe­ and collected even though in fact there is ness of farming; riods of five consecutive taxable years. no actual deficiency, as defined in section (ii) Expenses directly related to rais­ If, however, a taxable year is part of a 6211 (a), in respect of the given taxable ing crops or livestock which are de­ period of five consecutive taxable years year. stroyed or damaged by drought. In­ which meets the requirements for re­ § 1.271 Statutory provisions; debts cluded in this category are, for example, computation pursuant to section 130 of owed by political parties, etc. payments for labor, fertilizer, and feed the Internal Revenue Code of 1939, but used in raising such crops or livestock. is not part of a period which meets the S ec. 271. Debts owed by political parties, etc.— (a) General rule. In the case of a tax­ If such crops or livestock to which the requirements for recomputation pursu­ payer (other than a bank as defined in sec­ expenditures relate are only partially ant to section 270, then a recomputation tion 581) no deduction shall be aUowed destroyed or damaged by drought then of net income for such taxable year must under section 166 (relating to bad debts) only a proportionate part of the expendi­ be made pursuant to section 130. or under section 165 (g) (relating to worth­ tures is regarded as specially treated (d) Redetermination of tax. The tax lessness of securities) by reason of the deductions; and imposed by chapter 1 of the Internal worthlessness of any debt owed by a political (iii) Expenses which would not have Revenue Code of 1954, or by the cor­ party. been incurred in the absence of drought responding provisions of prior revenue (b) Definitions— (1) Political party. For purposes of subsection (a), the term “po­ conditions, such as expenses for pro­ laws, for each of the five consecutive tax­ litical party” means— curing pasture or additional supplies of able years specified in paragraph (a) of (A) A political party; water or feed. this section shall be redetermined upon (B) A national, State, or local committee' (4) The expenditures referred to in the basis of the taxable income or net of a political party; or subparagraph (1) (vi) of this paragraph income of the individual, as the case may (C) A committee, association, or organi­ include, but are not limited to, intangible be, recomputed in the manner described zation which accepts contributions or makes drilling and development costs in the in paragraph (a) of this section. If the expenditures for the purpose of influencing case of oil and gas wells as provided in or attempting to influence the election of assessment of a deficiency is prevented presidential or vice-presidential electors or section 263 (c) and the regulations (except for the provisions of sections of any individual whose name is presented thereunder, and expenditures for the 1311 through 1315, inclusive, relating to for election to any Federal, State, or local development of a mine or other natural the effect of limitations and other provi­ elective public office, whether or not such deposit (other than an oil or gas well) sions in income tax cases) by the opera­ individual is elected. as provided in section 616 and the regu­ tion of any provision of law (e. g., (2) Contributions. For purposes of para­ lations thereunder. sections 6501 and 6502, or the corre­ graph (1) (C), the term “contributions” (5) The provisions of section 270 (b) includes a gift, subscription, loan, advance, sponding provisions of prior revenue or deposit, of money, or anything of value, do not operate to make an expenditure laws, relating to the period of limitations a deductible item if it is not otherwise de­ and includes a contract, promise, or agree­ ductible under the law applicable to the upon assessment and collection) except ment to make a contribution, whether or particular year in which it was in­ section 7122, or the corresponding provi­ not legally enforceable. sions of prior revenue laws, relating to (3) Expenditures. For purposes of para­ curred. Thus, for example, if it is neces­ graph (1) (C), the term “expenditures” in­ sary, pursuant to the provisions of compromises, or by any rule of law (e. g., cludes a payment, distribution, loan, ad­ section 270, to recompute the taxable res judicata), then the excess of the vance, deposit, or gift, of money, or any­ or net income of an individual for the tax for such year as recomputed over the thing of value, and includes a contract, 7306 RULES AND REGULATIONS promise, or agreement to make an expendi­ (c) When an imprisoned veteran is felony or misdemeanor (Pub. Law 85-24, ture, whether or not legally enforceable. entitled to a lesser rate of disability act of April 25, 1957). (a) Where a [ seal] J u stin P. W ink le, compensation, such rate will be awarded widow or child to or for whom death pen­ Acting Commissioner of as of the 61st day of his imprisonment sion is' being paid under a public or Internal Revenue. in lieu of the pension he was receiving, private law administered by the Veterans provided (1) he is a single man (no wife Administration is imprisoned in a Fed­ Approved: September 9, 1957. or child) or (2) from the date he requests eral, State or local penal institution for F red C. S cribner, Jr. such action, when married. more than 60 days as a result of convic­ Acting Secretary of the Treasury. (d) (1) Pension payments to a vet­ tion of a felony or misdemeanor, such eran having a wife, child or children death pension payments will be discon­ [P. R. Doc. 57-7507; Filed, Sept. 12, 1957; to whom an apportionment is being made tinued effective on the 61st day of im­ 8:48 a. m.] will be recommenced effective the day prisonment after conviction, or June 1, of his release from incarceration, such 1957, whichever is the later. At the payments to consist of the difference, time this action is taken the payee will be TITLE 38— PENSIONS, BONUSES, if any, between his full pension entitle­ duly informed of the provisions of para­ AND VETERANS RELIEF ment and the amount paid his wife graph (c) of this section. and/or child or children through the (b) Where the widow or child of a Chapter I— Veterans Administration date of last payment and thereafter the veteran is disqualified for any period full pension, provided the Veterans Ad­ solely by reason of the application of P art 3—V eterans Claims ministration is notified by the veteran paragraph (a) of this section, payment P art 4— D ependents and B eneficiaries of such release (notice constituting an may, if the widow is disqualified, be made Claims informal claim). to the child or children, of the death (2) If the veteran has no wife or child,pension that would be payable if there MISCELLANEOUS AMENDMENTS or no wife or child to whom an appor­ were no such widow or, if a child is dis­ 1. In Part 3, immediately after § 3.255,tionment is being made, pension pay­ qualified there may be paid to the widow a new § 3.255a is added as follows: ments will be recommenced effective the or other child or children the death pen­ day of his release from incarceration sion which would be payable if there were § 3.255a Discontinuance and recom­ provided the Veterans Administration is no such child. Payment will be made to mencement of pension to veteran who is notified by him of such release (the no­ the eligible person(s) commencing the confined in a penal institution for more tice constituting an informal claim) day following the effective date of discon­ than 60 days after conviction of a felony within 1 year from the date thereof. If tinuance of payments to the disqualified or misdemeanor (Pub. Law 85-24, act of notice is not received within such time person subject to prior payments to the April 25, 1957). (a) Where any veteran limit, payments may be resumed only disqualified person over the same period, in receipt of pension under a public or from the date of receipt of the notice, if any. The annual income limitation private lav/ administered by the Vet­ applicable to the eligible person will be erans Administration is imprisoned in a if otherwise entitled. (Sec. 5, 43 Stat. 608, as amended, sec. 2, 46 that which would apply if the imprisoned •Federal, State or local penal institution person did not exist. Payments will con­ for more than 60 days as the result of Stat. 1016, as amended, sec. 7, 48 Stat. 9; 38 U. S. C. 11a, 426, 707. Interprets or ap­ tinue to be made, if otherwise in order, conviction of a felony or misdemeanor, plies Pub. Law 85-24; 71 Stat. 25) to the eligible person (s) until notice is such pension payments will be discon­ received in the Veterans Administration tinued effective on the 61st day of im­ 2. In Part 4, paragraph (k) of § 4.86 that the person’s imprisonment has prisonment after conviction, or June 1, is amended to read as follows: terminated. 1957, whichever is the later. At the time § 4.86 Public Law 2, 73d Congress (c) Recommencement of benefits to a this action is taken the veteran will* be (act of March 20K 1933), as amended; widow or to or for a child who was im­ duly informed of the provisions of para­ sections 28 and 31, Title III, Public Law prisoned will bg made of the difference, graph (d) (2) of this section, where 141, 73d Congress (act of March 28, if any, between the pension being paid applicable. 1934), as amended; Public Law 484, 73d during imprisonment and that otherwise (b) Where a veteran whose pensionCongress (act of June 28, 1934), as payable from the date of release from has been discontinued under paragraph amended; and Public Law 301, 79th Con­ incarceration, if notice of release is re­ (a) of this section has a wife, child or gress (act of February 18, 1946). * * * ceived by the Veterans Administration children, payment of pension may, upon (k) Election to receive Bureau of Em­ from the formerly incarcerated person receipt of an informal claim either from ployees’ Compensation benefits. Pay­ within one year from the date of release the veteran or the eligible payee (s), from ment of death compensation or pension (such notice constituting an informal a showing of need, be made to such wife, claim). If notice is not received within child or children during the period of to any payee under any law administered his imprisonment, commencing the day by the Veterans Administration shall be such time limit, payments will be recom­ following the effective date of discon­ discontinued effective the end of the menced from the date of receipt of tinuance of payments to the veteran, month following the month in which notice, if otherwise entitled. subject to prior payments to the veteran there is received from the Bureau of (Interprets or applies Pub. Law 85-24, 71 over the same period, if any. The Employees’ Compensation, Department Stat. 2.5) amount of pension payable to the wife of Labor, notice that such payee has 4. In § 4.424, a new subparagraph (3) and/or child or children may not exceed elected to receive benefits from that is added to paragraph (e) to read as agency based upon military service in follows: either the death pension rates payable lieu of death compensation or pension under the applicable death pension law, from the Veterans Administration: Pro­ § 4.424 Right of election. * * * ‘ or the amount which the veteran was vided, That where payments of death (e) Bureau of Employees’ Compensa­ receiving at time of his imprisonment, compensation or pension to a widow are tion cases. * * * whichever is the lesser. Continued pay­ discontinued because of her election to (3) Election by a widow controls the ments during the veteran’s imprison­ receive benefits from the Bureau of Em­ rights of the veteran’s children, including ment will be contingent upon the vet­ ployees’ Compensation, Department of children not in the widow’s custody, and eran’s eligibility. However, for the pur­ Labor, payments to any child dr children children who are not eligible to receive pose of determining need, the income of the veteran, regardless of whether they benefits under laws administered by the limitations which would control if the Bureau of Employees’ Compensation. payee(S) was receiving death pension are in the widow’s custody, will be dis­ under Public Law 484, 73d Congress, as continued effective the same date. 5-. In § 4.461, a new paragraph (d) is amended, will be applicable. Payments, 3. Immediately after § 4.86, a new added as follows: if otherwise in order, will continue to be § 4.87 is added as follows: § 4.461 General. * * * made to the wife or child until notice (d) Bureau of Employees’ Compensa­ from the veteran (constituting an in­ § 4.87 Discontinuance and recom­ tion cases. The discontinuance of de­ formal claim) is received in the Veterans mencement of pension to widow or child pendency and indemnity compensation Administration that the veteran’s im­ who is confined in a penal institution for to any payee shall be effective the end of prisonment has terminated. more than 60 days after conviction of a the month following the month in which Friday, September 13, 1957 FEDERAL REGISTER 7307 there is received from the Bureau of Em­ TITLE 22— FOREIGN RELATIONS This reservation shall be a part of ployees’ Compensation notice that such the Tennessee National Wildlife Refuge. Chapter I— Department of State payee has elected to receive benefits from R oger E rnst, that agency based upon military service, [Dept. Reg. 108.330] Assistant Secretary of the Interior. in lieu of dependency and indemnity compensation. Where payments to a P art 42—V isa s: D ocumentation of I m m i­ S eptember 9, 1957. widow are discontinued, payments to any grants U nder the I mmigration and [F. R. Doc. 57-7524; Filed, Sept. 12, 1957; child of the veteran shall be discontinued N ationality A ct 8:52 a. m.] effective the same date. IMMIGRANT CLASSIFICATION SYMBOLS (Sec. 5, 43 Stat. 608, as amendecL-sec. 2, 46 Part 42, Chapter I, Title 22 of the Code Stat. 1016, as amended, sec. 7, 48 Stat. 9; of Federal Regulations, is hereby amend­ 38 U. S. C. 11a, 426, 707) ed in the following respect: [Public Land Order 1483] Section 42.3 Immigrant classification [Utah 016431] This regulation is effective September symbols is amended by the addition of the U tah 13,1957. following paragraph: RESERVING LANDS WITHIN NATIONAL FORESTS [seal] J ohn S. P atterson, (d) The following symbols shall be Deputy Administrator. FOR USE OF FOREST SERVICE AS RECREATION used in the cases of nonquota immigrants AREAS, ADMINISTRATIVE SITES, AND ROAD­ [F. R. Doc. 57-7508; Filed, Sept. 12, 1957; who qualify for the benefits of the act of SIDE ZONE 8:48 a. m.] September 11,1957 (Public Law 85-316). By virtue of the authority vested in the Symbol President by the act of June 4, 1897 (30 Class Section of the act to be Stat. 34, 36; 16 U. S. C. 473) and other­ inserted in visa wise, and pursuant to Executive Order No. 10355 of May 26, 1952, it is ordered 4 (b) (2) (A)...... - K-l as follows: 4 (b) (2) (B)...... K-2 Subject to valid existing rights, the 9...... K-3 12 .... __ __ K-4 following-described public lands within Bpouse or child of beneficiary of first preference petition approved prior 12 ______K-5 the national forests hereinafter desig­ to July 1, 1957. nated, are hereby withdrawn from all Beneficiary of second preference petition approved prior to July 1,1957... 12 K-6 12...... K-7 forms of appropriation under the public 15 (a) (1)_— ...... K-8 land laws, including the mining but not 15 (a) (2)...... — K-9 the mineral-Teasing laws or the act of 15 (a) (3).„___ -...... K-10 July 31, 1947 (61 Stat. 681; 69 Stat. 367; 30 U. S. C. 601-604) as amended, and The regulation contained in this order therein designated and described in the reserved for. use of the Forest Service, shall become effective upon publication Counties of Benton, Humphreys and De­ Department of Agriculture, as recreation in the F ederal R egister. The provisions catur, State of Tennessee, so that such areas, administrative sites, and a road­ of section 4 of the Administrative Pro­ lands might be reserved and used as a side zone as indicated: ' cedure Act (60 Stat. 238; 5 U. S. C. 1003) part of the Tennessee National Wildlife relative to notice of proposed rule mak­ Refuge heretofore established by Execu­ Salt Lake Meridian ing and delayed effective date are in­ tive Order No. 9670, of December 28, ASHLEY NATIONAL FOREST applicable to this order because the 1945, all in# accordance with the terms and conditions of th|e agreement, and Hoop Lake Recreation Area: provisions thereof involve foreign affairs T. 2 N., R. 16 E., unsurveyed, functions of the United States. subject to the approval of the agreement Sec. 9, NE14NE14, Si/2NEi4, and N»/2SE ^ ; (Sec. 104, 66 stat. 174; 8 U. S. C. 1104) by the Director of the Bureau of the Sec. 10, NW'/4 and Ny2SW%. Budget and to the issuance of a Public The areas described aggregate 440 acres. Dated: August 30, 1957. Land Order extending the Tennessee Na­ WASATCH NATIONAL FOREST R oderic L. O ’Connor, tional Wildlife Refuge to include the Administrator, said lands; and Henrys Fork Bridge Recreation Area: Bureau of Security and Whereas, the agreement between the T. 2 N., R. 14 E., unsurveyed, Consular Affairs. Tennessee Valley Authority and the De­ Sec. 1, SW%NW% and NW^SW1^; partment of the Interior was approved Sec. 2, SE%NE% and NE& SE^. [F. R, Doc. 57-7381; Filed, Sept. 12, 1957; by the Director of the Bureau of the The areas described aggregate 160 acres. 8:45 a. m.] Budget on May 3, 1957; and Upper Henrys Fork Recreation Area: Whereas, it appears that the exten­ T. 2 N., R. 14 E., unsurveyed, sion of the boundaries of the Tennessee Sec. 14, SWi/4NWy4 and NW ^SW ^; TITLE 43— PUBLIC LANDS: National Wildlife Refuge as contem­ Sec. 15, SE&NE^ and NE^SEi^- ? INTERIOR plated by the agreement-will further the The areas described aggregate 160 acres. purposes of the Migratory Bird Con­ China Meadows Recreation Area: Chapter I— Bureau of Land Manage­ servation Act (45 Stat. 1222) and is in T. 2 N., R. 14 E„ unsurveyed, ment, Department of the Interior the.public interest; Sec. 6, SWyi; Now, therefore, by virtue of the au­ Sec. 7, NW‘/4. Appendix— Public Land Orders thority vested in the President, and pur­ The areas described aggregate 320 acres. [Public Land Order 1482], suant to Executive Order No. 10355 of Marsh Lake Recreation Area: May 26, 1952, I hereby reserve and set T. 3 N., R. 14 E., [2084557] apart for use of the Department of the Sec. 30,sy2SEi£; T ennessee Interior as a refuge and wildlife man­ -S ec. 31.NV6NE14. The areas described aggregate 160 acres. ENLARGING TENNESSEE NATIONAL WILDLIFE agement area for migratory birds and Beaver Recreation Area: REFUGE other wildlife, the additional lands des­ ignated and described for that purpose T .2S ., R. 7 E., Whereas, on December 21, 1956, the in the said agreement of December 21, H. E. S. No. 100 located in: Tennessee Valley Authority and the 1956, between the Tennessee Valley Au­ Sec. 27, NW>/4 and Wy2NE^; United States Department of the In­ thority and the United States- Depart­ Sec. 28, NE%. terior entered into an agreement, desig­ ment of th*e Interior, designated as Sup­ The areas described aggregate 116.61 acres. nated as Supplement No. 1 to Contract plement No. 1 to Contract No. TV-91534, Bridger Lake Recreation Area: No. TV-91534, providing for the transfer such reservation to be in accordance T. 3 N., R. 14 E., by the Authority to the Department of with, and subject to, the terms and con­ Sec. 29, Si/2NW ^ and Ny2SW ^. certain rights with respect to lands ditions of the said agreement. The areas described aggregate 160 acres. No. 178------2 7308 RULES AND REGULATIONS

White Squaw Recreation Area: [Public Land Order 1484] T. 3 S., R. 3 E., unsurveyed, hereby revoked so far as it affects the Sec. 9, EVENTS 14, unpatented portions; [Anchorage 022116] above-described lands. It is the intent of the order that the Sec. 10, W%NW*4, unpatented portions. A laska The areas described aggregate approxi­ withdrawn minerals in the lands shall mately 14 acres. WITHDRAWING PUBLIC LANDS FOR USE OF remain under the jurisdiction of the De­ Albion Basin Recreation Area; UNITED STATES COAST GUARD AS POINT partment of the Interior, and no dispo­ T. 3 S., R. 3 E., unsurveyed, HIGGINS RADIO STATION sition shall be made of such minerals Sec. 4, S'^NW1/}, unpatented portions, By virtue of the authority vested in except under the applicable public land sy 2Ny2Nwy4, sw '/4, w y2SEy4sEy4, the President and pursuant to Executive mining and mineral-leasing laws, and and wy2SE^; unpatented portions; then only after such modification of the Sec. 9, NW14, unpatented portions, Wy2 Order No. 10355 of May 26, 1952, it is ordered as follows: provisions of this order as may be neces­ NE14, Ny2SW%, and NW%NW(4SE(4; sary to permit such disposition. unpatented portions; Subject to valid existing rights, the Sec. 8, E^SE^4, unpatented portions. following-described public lands in R oger Ernst, The areas described aggregate approxi­ Alaska are hereby withdrawn from all Assistant Secretary of the Interior. mately 517 acres. forms of appropriation under the public S eptember 9,1957. Bald Mountain Recreation Area: land laws, including the mining and min­ T. 3 S., R. 3 E., unsurveyed, eral-leasing laws, and reserved for use [F. R. Doc. 57-7527; Filed, Sept. 12, 1957’ Sec. 8, 6E%NW%i unpatented portions, of the United States Coast Guard in * 8:52 a. m.] SW % NE%, NE y4 SW y4, and NW y4 SE%, connection with the operation and main­ unpatented portions. tenance of the Point Higgins Radio The areas described aggregate approxi­ Station: mately 53 acres. [Public Land Order 1486] Beginning at a point from which Corner Peruvian Recreation Area: No. 9, U. S. Survey No. 3275 bears West, 4.484 Alaska T. 3 S., R. 3 E., unsurveyed, chains, thence, Sec. 7, NEy4, unpatented portions, E y2‘ S. 89°24’ E., 68.70 chains approximately, to WITHDRAWING PUBLIC LANDS FOR RECREA­ NW‘4, and SE^, unpatented portions; Corner No. 3, U. S. S. 3022; TIONAL PURPOSES PARTLY REVOKING PUB­ Sec. 8, NWy4NW1/4, unpatented portions. . S. 85°08'30" E., 2.692 chains to Corner No. LIC LAND ORDER NO. 22 5 OF APRIL 21, 1944 The areas described aggregate approxi­ 13, U. S. S. 2808; mately 163 acres. East, 16.48 chains; By virtue of the authority vested in the Bridger Lake Administrative Site: South, 40.00 chains; President and pursuant to Executive T .3N ..R . 14 E„ West, 87.88 chains; Order No. 10355 of May 26, 1952, it is Sec. 29, SW ^SW ^ and ^/¿SE ^SW & J North, 41.00 chains approximately, to point ordered as follows: Sec. 32, Wy2NWi4. of beginning. 1. Subject to valid existing rights, the The areas described aggregate 140 acres. The tract described contains approx­ following-described public lands in Mt. Olympus Powder Magazine Administra­ Alaska are hereby withdrawn from all tive S ite: imately 356 acres. T. 2 S., R. 1 E., Public Land Order No. 842 of June forms of appropriation under the public Sec. 11, SE& NE# and NK%SE%. 19, 1952, so far as it withdrew the lands land laws, including the mining but not The areas described aggregate 80 acres. for classification, is hereby revoked. the mineral leasing laws nor the act of Kamas-Evanston (Utah #150) Highway July 31, 1947 (61 Stat. 681; 69 Stat. 367; Roadside Zone: R oger E rnst, 30 U. S. C. 601-604) as amended, and re­ A strip of land 300 feet on each side of Assistant Secretary of the Interior. served for administration or transfer in the center line of Kamas-Evanston (Utah S eptember 9,1957. accordance with the provisions of the act #150) Highway through the following legal of May 4,1956 (70 Stat. 130): subdivisions: [F. R. Doc. 57-7526;1 Filed, Sept. 12, 1957; Salt Lake Principal Meridian: 8^52 a. m.] [Anchorage 033093] T. 1 N., R. 9 E., (a) Seward Area Sec. 24, N g iiS E tt, N E ^SW ^N E ^, and Ey2NEy4; Beginning at a point at mean high water Sec. 25, w y2SWi/4, Ei/aNW^, NE%SW%; [Public Land Order 1485] on the north shore of Thumb Cove, Resur­ rection Bay, on the east side of the Kenal Sec. 36, WyaSW>4 and Ny2NW^NWV4. [Nevada 045218] T. 1 N., R. 10 E., Peninsula, Alaska, at latitude 60°04'45" N., Sec. 5, lots 3, 4, W&SW&, and SW ^ N evada longitude 149°18'30" W., thence, NW^4; North, 12.00 chains; Sec. 7, SE^SE^NE^ and SE^; WITHDRAWING PUBLIC LANDS FOR USE OF East, 42.00 chains; DEPARTMENT OF THE ARMY AS ARMY RE­ South, 42.00 chains; Sec. 18, lot 2, Ey2NWi,4, and N W ^N E^. S. 45“ W., 64.00 chains; The areas described aggregate approxi­ SERVE TRAINING CENTER; PARTIALLY RE­ VOKING PUBLIC LAND ORDER NO. 338 OF N. 45° W., 8.00 chains to a point at mean mately 490 acres. high tide on the south shore of Thumb JANUARY 7, 1947 Uinta Special Meridian: Cove whence Thumb Cove Light bears T. 3 N., R. 9 W., By virtue of the authority vested in the approximately N. 70“ W.; Sec. 3, lot 3. President and pursuant to Executive Northeasterly, northerly, and westerly along the mean high tide line of Thumb T. 4 N„ R. 9 W., Order No. 10355 of May 26, 1952, it is Cove to point of beginning. Sec. 23, lot 5; ordered as follows: The tract described contains 140 acres. Sec. 26, NW &SW ^, Ny2SE}4, Sy2NW*/4, Subject to valid existing rights the and NE^4: following-described public lands in Ne­ [Anchorage 033230] Sec. 27, lot 4, SE ^ SW ^, and N E ^ SE ^; vada are hereby withdrawn from all \ (b ) P axson Area Sec. 34, E y2SW(4, Ey2N W ^, and NE14. forms of appropriation under the public The areas described aggregate approxi­ land laws, including the mining and the TRACT “A” mately 440 acres. mineral-leasing laws, and reserved for Beginning at a point on the East bank of use of the Department of the Army as the Gulkana River at the confluence of the This order shall take precedence over an Army Reserve training center. Middle Fork (Gulkana River) and the Gul­ but not otherwise affect the existing kana River, thence, reservation of the lands for national M ount Diablo Meridian Southerly, 15.00 chains along the east forest purposes. T. 21 S., R. 61 E., bank of Gulkana River; R oger E rnst, Sec. 1, E!/2 SEi/4SE^4s w y 4. Easterly, 15.00 chains; _ Northerly, 48.00 chains to the south bank Assistant Secretary of the Interior. The tract described contains 5 acres. of the Gulkana River; Public Land Order No. 338 of January S eptember 9,1957. Southwesterly, 50.00 chains downstream 7, 1947, withdrawing lands under the along the southern and eastern bank of [F. R. Doc. 57-7525; Filed, Sept. 12, 1957; jurisdiction of the Bureau of Land Man­ the Gulkana River to point of beginning. 8:52 a. m. ] agement for an administrative site, is The tract described contains 95 acres. Friday, September 13, 1957 FEDERAL REGISTER 7309

TRACT “B” N. 42* W., 5.00 chains; T. 20 N„ R. 66 E. N. 46 ”30' E., 11.48 chains to point of be­ T. 10 N., R. 68 E., unsurveyed. A strip of land parallel to and 5 chains In ginning. T. 11 N„ R. 68 E., partly unsurveyed. width extending approximately 160 chains The tract described contains 7.14 acres. T. 12 N., R. 68 E., unsurveyed. along the south bank of the Gulkana River from the east boundary of the above-de­ T. 13 N., R. 68 E., partly unsurveyed. 2. The withdrawal made by paragraph Tps. 14 and 15 N„ R. 68 E. scribed tract to a point immediately south 1 (a) of this order shall be subject to of Huffman’s cabin on the outlet of Paxson T. 16 N., R. 68 E., partly unsurveyed. Executive Order No. 8877 of August 29, T. 17 N., R. 68 E. Lake. The tract described contains 80 acres. 1941, withdrawing public lands for use Tps. 10, 11 and 12 N., R. 69 E., unsurveyed. of the War Department, so far as the T. 13 N„ R. 69 E., partly unsurveyed. [Anchorage 033232] latter order affects any of the lands Tps. 14 and 15 N., R. 69 E. Tps. 16 and 17 N., R. 69 E., unsurveyed, (c) Stephan and Sevenm ile Lake Area described. T. 10 N., R. 70 E., partly unsurveyed. TRACT “A” 3. Public Land Order No. 225 of April Tps. 11, 12 and 13 N., R. 70 E. 21, 1944, withdrawing public lands for Tps. 15, 16 and 17 N., R. 70 E. Beginning at a point identified by a 10" classification, is hereby revoked so far as birch marked PSSWCMC1, on the south­ it affects the lands in paragraph 1 (b) 2. The national forest lands in the fol­ westerly shore of Stephan Lake, latitude lowing-described townships, now com­ 61028'45" N., longitude 149°56'56" W., of this order. thence, ^ R oger E rnst, prising that part of the Nevada National S. 18° E., 0.15 chain; _ Assistant Secretary of the Interior. Forest defined by Proclamation of No­ S. 41“31' E., 2.41 chains; vember 5, 1906 (34 Stat. 3252), as the S eptember 9,1957. N. 45° E., 4.15 chains; Charleston Forest Reserve, and as sub­ N. 50“ W., 2.82 chains; [P. R. Doc. 57-7528; Filed, Sept. 12, 1957; sequently modified by Executive Orders Thence with meanders of Stephan Lake, 8:52 a. m.] Nos. 908 of July 2, 1908, 1174 of Decem­ N. 10° W., 2.61 chains; ber 8, 1911, 2162 of April 6, 1915, and N. 16“ E.,,1.85 chains; 7607 of April 19, 1937, and by Proclama­ ( N. 19“ W., 1.52 chains; tions Nos. 833 of January 21, 1909, 1134 N. 72“ W., 1.73 chains; [Public Land Order 1487] S. 71” W., 1.65 chains; of May 10, 1916, and 1465 of July 12, S. 52“ W., 1.55 chains, thence leaving the [280796] 1918, are hereby transferred to and con­ shore; solidated with the Toiyabe National N evada S. 18“ E., 8.18 chains to point of begin­ Forest: ning. ■: ABOLISHING NEVADA NATIONAL FOREST, The tract described contains 3.87 acres. TRANSFERRING ITS LANDS TO HUMBOLDT M o u n t Diablo Meridian tract “b" AND TOIYABE NATIONAL FORESTS Tps. 18 and 19 S., R. 55 E. Tps. 18,19 and 20 S., Rs 56 and 57 E. Beginning at a point identified by an 8" By virtue of the authority vested in the spruce marked PSSWCMC1, on the north­ President by the act of June 4, 1897 (30 3. It is not intended by this order to west shore of - Sevenmile Lake, latitude Stat. 11, 36; 16 U. S. C. 473), and pursu­ give a national forest status to any 61°27'50" ■ N., longitude 149°56'05" W., ant to Executive Order No. 10355 of May publicly owned lands which have not thence, S. 77” E., 0.15 chain to shore of lake 26, 1952, and upon the recommendation hitherto had such a status, or to change thence with meanders of Sevenmile of the Department of Agriculture, it is the status of any publicly owned lands Lake; ordered as follows: which have hitherto had national forest S. 13“ W., 3.50 chains; 1. The national forest lands in thestatus. S. 36° W., 1.55 chains; following-described townships, now com­ 4. This order shall be effective on S. 59° W., 2.12 chains; prising that part of the Nevada National October 1, 1957. S. 70“15' W4 2.72 chains, thence leaving Forest defined by Proclamation No. 839 R oger E rnst, the shore; Assistant Secretary of the Interior. N. 18“ W., 5.00 chains; of February 10,1909, and as subsequently N. 40“ E., 3.85 chains; modified by Proclamations Nos. 1221 of S eptember 9, 1957. S. 77“ E., 5.00 chains to the point of begin­ October 28, 1912, and 1509 of January ning. 25,1919, and Executive Orders Nos. 5863 [F. R. Doc. 57-7529; Filed, Sept. 12, 1957; . The tract described contains 3.69 acres. of June 23, 1932, and 7884 of May 9, 8:53 a. m.] tract "c” 1938, are hereby transferred to and con­ solidated with the Humboldt National Beginning at a point identified by a 6" Forest: spruce marked PSSMC1, on the southwest [Public Land Order 1488] shore of Sevenmile Lake, latitude 61°27'33" Mo u n t Diablo Meridian N., longitude 149°56'30" W., thence by Tps. 2 and 3 N., R. 55 E., unsurveyed. ~ (Fairbanks 010504) meanders of the Lake. T. 4 N., R. 55 E. N. 74“ E., 4.55 chains; Tps. 2, 3, and 4 N., R. 56 E., unsurveyed. • A laska N. 85* E., 0.73 chains; T. 3 N., R. 57 E. S. 54* E., 0.89 chains; Tps. 4, 5, 6, 12, 13, 14, and 15 N., R. 57 E., WITHDRAWING PUBLIC LANDS FOR S. 32” E., 2.21 chains; unsurveyed. RECREATIONAL PURPOSES S. 22“ E., 2.53 chains, thence leaving the Tps. 16 and 17 N., R. 57 E. By virtue of the authority vested in the the shore; Tps. 4, 5, and 6 N„ R. 58 E., unsuryeyed. S. 68° W., 5.00 chains; T. 11 N., R. 58 E., partly unsurveyed. President and pursuant to Executive N. 31 “45' W„ 6.25 chains to point of be­ T. 12 N., R. 58 E., unsurveyed. Order No. 10355 of May 26, 1952, it is ginning. T. 13 N., R. 58 E., partly unsurveyed. ordered as follows: u The tract described contains 3.12 acres. Tps. 14, 15, 16, and 17 N., R. 58 E. Subject to valid existing rights, the T. 11 N., R. 59 E. tract " d” following-described public lands in T. 12 N.i R. 59 E., unsurveyed. Alaska are hereby withdrawn from all Beginning at a point identified by an 8" T. 13 and 14 N., R. 59 E. forms of appropriation under the public spruce marked PSSWCMC1 on the west shore T. 15 N., R. 59 E., unsurveyed. of an uiihamed lake southwest of Stephan Tps. 16 and 17 N., R. 59 E. land laws, including the mining but not Lake, latitude 61”28'08" N., longitude Tps. 11,12, and 13 N., R. 60 E. the mineral leasing laws nor the act of 149“57'50" W., thence, T. 14 N., R. 60 E. July 31, 1947 (61 Stat. 681; 69 Stat. 367; N. 46“30' E., 0.33 chains to shore of lake Tps. 14, 15, and 16.N., R. 62 E. 30 U. S. C. 601-604) as amended, and re­ thence with meanders of the lake; Tps. 14, 15, and 16 N., R. 63 E. served for administration or transfer in S. 65° E., 1.68 chains; Tps. 15, 16, and 17 N., R. 64 E. S. 72“30' E:, 1.56 chains; T. 21 N„ R. 64 E., partly unsurveyed. accordance with the provisions of the S. 45“ E., 1.12 chains; T..22 N., R. 64 E, act of May 4, 1956 (70 Stat. 130): S- 3“ E., 1.83 chains; Tps. 14,1-5 and 16 N., R. 65 E. 1. M oon L ake Campground S. 36“ W., 2.18 chains; Tps. 17, 18 and 19 N., R. 65 E., partly un ­ S. 25 W., 1.91 chains; surveyed. Beginlng at a point on the centerline of S. 59“ 2.85 chains; * T. 20 N., R. 65 E., unsurveyed. the Alaska Highway at mile post 1338, lati­ S. 53® W,, 2.83 chains; Tps. 21 and 22 N., R. 65 E. tude 63“23' N., longitude 143°30'W., thence, sh ^ ^ ^ chains, thence leaving the Tps. 14, 15, 16, 17, 18 and 19 N., R. 66 E., Southeasterly, 4.40 chains along the cen­ partly unsurveyed. terline; 7310 RULES AND REGULATIONS

N. 16° E., 16.60 chains to a point on the N. 80°00' E., 1.15 chains to the point of [Public Land Order 1489] line of mean high water Moon Lake, beginning. thence following the line of mean high The tract described contains 7.80 acres. [Anchorage 025583] water the following five courses; A laska S. 73° W., 0.71 chains; 5. T olovana Campground N. 84° W., 1.55 chains; Beginning at a point on the centerline of WITHDRAWING PUBLIC LANDS FOR RECREA­ N. 78° W., 2.16 chains; the Elliot Highway at the south end of the TIONAL PURPOSES AS NANCY LAKE RECREA­ N. 72* W., 2.96 chains; bridge crossing the Tolovana River, latitude TION AREA N. 62° W., 2.86 chains; 65° 10' N„ longitude 148° 17' W., thence, S. 16* W., 16.15 chains to a point on the Southerly, 9.68 chains along centerline; By virtue of the authority vested in centerline of the Alaska Highway; S. 61° W., 5.95 chains; the President and pursuant to Executive Southeasterly 5.60 chains along the center- N. 28°30' W.,49.50 chains; Order No. 10355 of May 26, 1952, it is line to the point of beginning; N. 70° 30' E., 7.20 chains to a point on the ordered as follows: The tract described contains 14.85 acres. centerline of the Elliot Highway; Subject to valid existing rights, the 2. R etreat Campground Southerly, 6.05 chains along centerline to point of beginning. following-described public lands in Beginning at a point on the centerline The tract described contains 8.80 acres. Alaska are hereby withdrawn from all of the Steese Highway from which Milepost forms of appropriation under the public 36 bears westerly 2.50 chains, latitude 6. B edrock Creek Campground land laws, including the mining but not 65°11'49" N., longitude 147°16' W., thence, Beginning at a point on the centerline of the mineral-leasing laws nor the act of Northerly, 100 feet to a point from which Steese Highway at its crossing of Bedrock July 31, 1947 <61 Stat. 681; 69 Stat. 367; M. P. 36 bears S. 50°30' W., 3.98 chains; Creek, latitude 65°35' N., longitude 145°03' 30 U. S. C. 601-604) as amended, and -N. 70° 30' W., 10.00 chains; W., thence, N. 60°00' W., 3.35 chains; S. 53° W., 7.02 chains along centerline; reserved under the jurisdiction of the N. 20°00' W., 1.80 chains to line of mean N. 23° W„ 20.80 chains; Bureau of Land Management, Depart­ high water on the left limit of Chatanika N. 67° E., 17.70 chains; ment of the Interior, for recreational River; S. 23° E., 18.39 chains to a point on the purposes: Thence along said line of mean high water centerline of Steese Highway; S eward Meridian upstream, Southwesterly, 11.00 chains along center- T. 19 N„ R. 4 W., N. 70°30' E., 1.29 chains; line to point of beginning. Sec. 28, lots 9 and 26; N. 68°00' E., 1.35 chains; The tract described contains 15.40 acres. Sec. 33, lot 54; N. 72° 00' E., 1.58, chains; Sec. 34, lots 20, 21, 28, and 29. N. 46°00' E., 9.00 chains; 7. Deadman Lake Campground N. 59°00' E., 4.12 chains; Beginning at a point oh the line of mean The areas described aggregate 53.42 N. 66°00' E., 1.03 chains; high water of Deadman Lake, thence, acres. S. 86°00' E„ 1.84 chains; N. 45° E., 8.00 chains to a point from R oger E rnst, S. 89°00' E.. 1.67 chains; which milepost 1250 Alaska Highway Assistant Secretary of the Interior. S. 75°00' E., 1.87 chains; bears S. 65° E., 1.33 miles; S. 76*00' E„ 2.36 chains; N. 45° W., 20.00 chains; S eptember 9,1957. S. 65°00' E., 1.73 chains; S. 45° W., 8.00 chains to a point on line S. 63° 00' E., 1.49 chains; [P. R. Doc. 57-7531; Filed, Sept. 12, 1967; of mean high water on Deadman Lake; 8:53 a. m.] S. 60°30' E., 1.05 chains; Southeasterly, 21.00 chains along line of Thence leaving line of mean high water, mean high water to point of beginning. S. 8°00' E„ 13.39 chains to a point on the The tract described contains 20.00 acres. centerline of Steese Highway; S. 82°00' W., 15.18 chains along centerline 8. T ok R iver Campground [Public Land Order 1490] to point of beginning. Beginning at a point on the centerline of [Anchorage 033231] The tract described contains 34.30 acres. the Alaska Highway and the east end of the 3. Chatanika. R iver B ridge Campground Tok River bridge, latitude 63°20'12" N., A laska longitude 142° 59' W., thence, Beginning at a point on the centerline of S. 75°45' E., 5.00 chains along centerline; WITHDRAWING PUBLIC LANDS FOR Steese Highway at the north bank of the N. 10°15' E., 5.40 chains to a point on line RECREATIONAL PURPOSES Chatanika River and north end of the river of mean high water of Tok River. By virtue of the authority vested in bridge, latitude 65° 12' N., longitude 147° 15' Thence following line of mean high water, W., thence, N. 81° W., 5.80 chains; the President and pursuant to Executive N. 29° W., 10.00 chains along said center- N. 88° W., 1.17 chains; Order No. 10355 of May 26, 1952, it is line; S. 75° W., 0.41 chains; ordered as follows: West, 10.00 chains; S. 37°30' W., 0.91 chains; Subject to valid existing rights, the South, 8.72 chains to the north bank of S. 16° W., 4.00 chains, thence leaving line following-described public lands in Chatanika River; of mean high water; Alaska, are hereby withdrawn from all East, 14.80 chains along north bank to S. 75°45' E., 3.00 chains to point of begin­ forms of appropriation under the public point of beginning. ning. land laws, including the mining but not The tract described contains 9.40 acres. The tract described contains 4.10 acres. the mineral leasing laws nor the act of 4. M ile 47 Steese Campground 9. Clearwater Campground July 31, 1947 (61 Stat. 681; 69 Stat. 367; Beginning at a point from which Milepost Beginning at corner No. 1, U. S. Survey No. 30 U. S. C. 601-604) as amended, and re­ 47, Steese Highway, bears N. 75°30' E., 13.20 2840, latitude 64°03'30" N., longitude served for administration or transfer in chains, latitude 65°13'30'' N., longitude 146* 1456 32' W., thence, accordance with the provisions of the act 58' W., thence, North, 5.00 chains; of May 4,1956 (70 Stat. 130): East, 19.00 chains; South, 2.30 chains to line of mean high Beginning at a point on the west extremity water of Chatanika River; South, 23.00 chains parallel with portion of west boundary of R. R.; of, a small peninsula on the southeasterly Thence along the line of mean high water, shore of Landmark Gap Lake, latitude West, 0.50 chains; West, 22.38 chains; North, 12.03 chains to corner 2, U. S. S. 63°06'20'' N., longitude 146°04'34" W., thence N. 42° W., 1.51 chains; Southeasterly, 10 chains along shoreline; West, 2.26 chains; 2840; N. 29°30' E., 6.86 chains to point of begin­ Easterly, 2 chains; S. 29°30' W., 1.23 chains; Northerly, 15 chains; S. 61 °30’ W., 2.25 chains; ning. The tract described contains 48.14 acres.' Westerly, 2 chains to shoreline: S. 41° W„ 1.50 chains; Southwesterly, 10 chains along shoreline to S. 62° W., 2.43 chains; point of beginning. N. 33° W., 1.42 chains; The areas described aggregate ap­ N. 53° W., 5.40 chains; proximately 163 acres. The tract described contains 7 acres. N. 80°30' W., 2.00 chains; R oger E rnst, S. 80°30' W., 2.00 chains, thence leaving R oger Ernst, the shore line; Assistant Secretary of the Interior. Assistant Secretary of the Interior. North, 5.70 chains; S eptember 9, 1957. East, 9.38 chains; S eptember 9,1957. S. 53°30' E., 6.65 chains; [P .R. Doc. 57-7530; Filed, Sept. 12. 1957; [P. R. Doc. 57-7532; Piled, Sept, 12, 1957; S. 75° 00' E., 2.60 chains; 8:53 a. m.l 8:53 a. m.] Friday, September 13, 1957 FEDERAL REGISTER 7311

[Public Land Order 1491] disposition shall be made of such min­ Parkview Camp Ground; T. 5 N., R. 78 W., [Fairbanks 014046] erals except under the applicable United States mining and mineral-leasing laws, Sec. 23, E%SEi/4SEi4; A laska Sec. 24, w y 2s w ^ s w i 4 ; and then only after such modification of Sec. 25, w y 2Nwy4Nwy4; REVOKING EXECUTIVE ORDER NO. 8305 OF the provisions of this order as may be Sec. 26, Ey2NEi/4NE]4. DECEMBER 19, 1939 AS AMENDED, WHICH necessary to permit such disposition. The areas described aggregate 80 acres. Bundy Park Camp Ground: WITHDREW LANDS FOR USE OF WAR DE­ R oger E rnst, PARTMENT ; RESERVING LANDS FOR -USE OF Assistant Secretary of the Interior. T. 5 N„ R. 80 W., DEPARTMENT OF THE AIR FORCE Sec. 14, SW»4SWy4. S eptember 9, 1957. The area described contains 40 acres. By virtue of the authority vested in Yampa View-Camp Ground: the President by section 1 of the act of [F. R. Doc. 57-7533; Filed, Sept. 12, 1957; T. 5 N., R. 84 W., June 25, 1910 (36 Stat, &7; 43 U. S. C. 8:53 a. m.] Sec. 26, SE14SW14NE14, SWSE%NE%, NE14NW14SE14, and N W % NE >4 SE V4 • 141) and otherwise, and pursuant to The areas described aggregate 40 acres. Executive Order No. 10355 of May 26, Pines Camp Ground: 1952, it is ordered as follows: [Public Land Order 1492] T. 6 N., R. 77 W., 1. Executive Order No. 8305 of Decem­ Sec. 14, w y2Nwy4sw% ; ber 19, 1939, as amended and modified [Colorado 011662] Sec. 15, E ^N E i/iSE ^. by Public Land Order Nos. 679 of Octo­ .__ Colorado The areas described aggregate 40 acres. ber 26, 1950, and 743 of August 16, 1951, Teal Lake-Tiago Lake Recreation Area: which reserved the following-described RESERVING PUBLIC LANDS WITHIN ROUTT NA­ T. 7 N., R. 82 W., TIONAL FOREST FOR USE OF FOREST SERV­ Sec. 16, NW*/4NWy4NE>/4, N E^N W ^, lands for use of the War Department, is SE(4NWy4NW% , NEi4 SW(4NWy4, wy2 hereby revoked: ICE, DEPARTMENT OF AGRICULTURE, AS •CAMP GROUNDS, RECREATION AREAS AND SWy4NWi/4, Ni/2 SE SW y4NW 14, and F airbanks Meridian ADMINISTRATIVE --SITES Nw»4Nwy4Swy4. The areas described aggregate 105 acres. T. 1S., R. 1 W., By virtue of the authority vested in the Rainbow Lake Recreation Area: Sec. 5, lots 2, 3, and 4. President by the act of June 4, 1897 (30 T. 8 N., R. 82 W~ T. 1 N., R. 1 W., Stat. 34, 36; 16 U. S. C. 473), and other­ Sec. 19, Ey2SEV4; Sec. 32, Ny2, SWÍ4, N&8E&, and SW& Sec. 20, SWy4, and N W ^SE ^. SEV4. . wise, and pursuant to Executive Order No. 10355 of May 26, 1952, it is ordered The areas described aggregate 280 acres. The area described contains 718.99 Seedhouse Administrative Site: as follows: T. 9 N., R. 84 W., acres. Subject to valid existing rights, the Sec. 2, lots 6, 7, SW ^NEyi, and 2. Subject to valid existing rights the following-described public lands within SE14NW14. following-described lands which aré a the Routt National Forest in Coloradd The areas described aggregate 160.64 acres. part of the lands described in para­ are hereby withdrawn from all forms of California Park Administrative Site: graph 1 of this order are hereby with­ appropriation under the public land T. 9 N., R. 87 W., - drawn from all forms of appropriation laws, including the mining but not the sec. 2, w y2Nwy4Nwy4; under the public-land laws, including Sec. 3, NE % NE % • mineral leasing laws nor the act of July T. 10 N., R. 87 W., the mining and mineral-leasing laws, 31, 1947 (61 Stat. 681; 30 U. S. C. 601- Sec. 34, SE%SEy4; and reserved for use of the Department 604) as amended, and reserved for use sec. 35, wy2swj4swy4. of the Air Force as a technical service of the iOT^St Service, Department of The areas described aggregate 120 acres. site: Agriculture, as indicated: Slater Park Camp Ground: F airbanks Meridian T. 10 N., R. 87 W„ Six t h P rincipal M eridian, Colorado . That portion of the W1^ of the W% of Sec. 9, Ny2NWy4NE(4. section 32, Township 1 North, Range 1 West ROUTT NATIONAL FOREST The area described contains 20 acres. Summit Creek Administrative S ite: described by metes and bounds as follows: Lynx Pass Administrative Site : Starting at the common corner of sections T. 11 N., R. 86 W., T. 2 N., R. 83 W., Sec. 25, SE&. 30, 29, 31, and 32 thence 900 feet south fol­ Sec. 27, NE%. lowing the section line between sections 32 The area described contains 160 acres. and 31 to the point of beginning; The area described contains 160 acres. Hog Park Administrative S ite: T. 12 N„ R. 84 W., Thence 1,000 feet east on a line parallel Crosho Lake Recreation Area: to the section line between sections 29 and Sec. 16, lots 1 and 2; T. 2 N., R. 86 W., Sec. 21, Ny2NEi4. 32; Sec. 4, lots 16 and 20; Thence 2,400 feet south following a line The areas described aggregate 143.8 acres. Sec. 5, Ei/2SE ^ . Whiskey Park Administrative Site: parallel to the section line common to sec­ The areas described aggregate 152.46 acres. tions 31 and 32; > T. 12 N., R. 85 W., Pyramid Administrative Site: sec. 27, swy4swy4Nwy4, and wy2Nwy4 . Thence 1,000 feet west on a line parallel T .2N ..R . 88 W., SW14; to the section line common to sections 29 Sec. 12, NE^SW^4, E ^N W ^ SW ^ , and 32; Sec. 28, SEy4SEy4NEi/4, and E ^ N E ^ sy2swy4, SW1/4SE14SW1/4, s&sw& SE%. Thence 2,400 feet north following the sec­ swy4, Nwy4Nwy4SEi4; The areas described aggregate 60 acres. tion line common to sections 31 and 32 to Sec. 13, NW%NE%NW14, and Ny2 Whiskey Creek Camp Ground: the point of beginning. NWÎ4NWÎ4. T. 12 N., R. 85 W., The area described contains approx­ The areas described aggregate 170 acres. sec. 22, wy2sE^swy4, and Ey2swy4 imately 55.1 acres. Vaughn Lake Recreation Area: SW ^. T. 2 N., R. 88 W., The areas described aggregate 40 acres. 3. Of the lands released by paragraph Sec. 22, Area located in approximately 1 of this order, approximately 1.90 acres NE!/4 Seer 22 (unsurveyed). West end The areas described aggregate 1903.70 in the southeast corner of lot 2, sec. 5, of centerline of reservoir dam bears acre's. T. 1 S., R. 1 W., was reserved by Public N. 8°04'14" E., 6,413.09 feet to section This order shall take precedence over Land Order No. 743 of August 16, 1951 corner common to secs. 10, 11, 14, and but not otherwise affect the existing for use of the Department of Agriculture, 15, T. 2 N., R. 88 W., Beginning at reservation of the lands for national west end of centerline of dam; thence forejst purposes, and shall be subject to Soil Conservation Service. The remain­ west 1,270 feet, thence south 2,000 feet, ing lands have been conveyed to the thence east 2,000 feet, thence north existing withdrawals for power purposes. University of Alaska ‘through the Gen­ 2,000 feet and thence west 730 feet to R oger E rnst, eral Services Administration. point of beginning. Assistant Secretary of the Interior. 4. It is the intent of this order that The tract described contains 91.8 acres. Oak Creek Administrative Site: September 9, 1957. the withdrawn minerals in the lands T. 3 N., R. 87 W., shall remain Under the jurisdiction of Sec. 36, W% lot 10, and EyaSE%SWÎ4. [F. R. Doc. 57-7534; Filed, Sept. 12, 1957; the Department of the Interior, and no The areas described aggregate 40 acres. 8:54 a. m.] 7312 RULES AND REGULATIONS

[Public Land Order 1493] Bennett Creek Picnic Ground: reservation of the lands for national [Colorado 016619] T. 8 N., R. 73 W., Sec. 13, Ny2SE^;SE%. forest purposes. Colorado Big South Picnic Ground: R oger E rnst, T. 8 N.„ R. 75 W„ Assistant Secretary of the Interim. RESERVING PUBLIC LANDS WITHIN ROOSE­ Sec. 28, NE&NWÎ4SEI4, NW&NE&SE^. S eptember 9, 1957. VELT NATIONAL FOREST FOR USE OF FOREST Diamond Rock Picnic ¿round : SERVICE, DEPARTMENT OF AGRICULTURE, AS T. 8 N„ R. 71 W„ [F. R. Doc. 57-7535; Filed, Sept. 12, 1957- RECREATION AREAS AND ADMINISTRATIVE Sec. 3, SE(4 Lot 2, N E ^ SW ^N E ^ , 8:54 a. m.] SITES n w 14 s e y± n e y4. Fish Creek Picnic Ground: By virtue of the authority Vested in the T. 7 N., R. 73 W., President by the act of June 4, 1897 (30 Sec. 1, Lot 4. [Public Land Order 1494] Stat. 34, 36; 16 U. S. C. 473) and other­ Narrows Picnic Ground : wise, and pursuant to Executive Order T. 8 N„ R. 72 W., [Colorado 016735] Sec. 2, SW^SE^NW^, NW^NE^SW^. No. 10355 of May 26, 1952, it is ordered Rifit Canyon Picnic ¿round : R eserving P ublic Lands W ith in San as follows: T. 8 N., R. 71 W„ J uan N ational F orest for U se or Subject to valid existing rights the fol­ Sec. 26, Si/aNE^NW.^, SE^NW^NW^, F orest S ervice, D epartment of Agri­ lowing-described public lands within the sw y 4Nwy4. culture, as P icnic G rounds, R ecrea­ Roosevelt National Forest in Colorado are Upper and Lower North Fork Picnic Grounds: tion A reas, and A dministrative S ites hereby withdrawn from all forms of ap­ T. 6 N„ R. 72 W., propriation under the public land laws, Sec. 26, Wy2NWi4SEi4, Ey2N E ^ SW ^. By virtue of the authority vested in including the mining but not the mineral Longmont Picnic Ground : the President by the act of June 4, 1897 leasing laws nor the act of July 31, 1947 T. 2 N., R. 73 W., (30 Stat. 34, 36; 16 U. S. C. 473) and (61 Stat. 681; 30 U. S. C. 601-604) as Sec. 13, sy2swy,swy 4. sy 2SEy4Sw i4 : otherwise, and pursuant to Executive sec. 24, n ^ n w ^ n w ^ , Ny2n e y4Nwy4. Order No. 10355 of May 26, 1952, it is amended, and reserved for use of the Middle St. Vrain Picnic Ground: ordered as follows: Forest Service, Department of Agricul­ T. 2 N., R. 73 W., ture, as indicated: Sec. ^Si/aSE^SE^: Subject to valid existing rights the Sec. 24, Ny2NEi4NEi4. following-described public lands in the ROOSEVELT NATIONAL FOREST Mont Alto Picnic Ground : San Juan National Forest, Colorado, are Brown Park Campground: T. 1 N., R. 72 W., hereby withdrawn from all forms of ap­ T. 10 N., R. 76 W., Sec. 15, NE14SW14, Ei/aNW^SW^, NE14 propriation under the public land laws, Sec. 33, NE&NW ii, N ^ S E ^ N W ft. swy4swy4, Ny2SE%sw^. including the mining but not the mineral Chambers Lake Campground: Rainbow Lakes Picnic Ground : leasing laws nor the act of July 31, 1947 T. 7 N., R. 75 W„ T. 1 N., R. 73 W., (61 Stat. 681; 30 U. S. C. 601-604), as Sec. 6, SE^4SWV4, E^SW ^SW ^J Sec. 33, SE14NE14NW14, NE % SE % NW $4, Sec. 7, N W ^SE ^N W ^ , NWi/4NWy4 s w ^ n w ^ n e ^ , Nwy4sw y 4NEy4. amended, and reserved for use of the NE14. South St. Vrain Picnic Ground: Forest Service, Department of Agricul­ Hooligan Roost Campground: T. 3 N„ R. 71 W., ture, as indicated: T. 10 N., R. 76 W., Sec. 26, S^ N W ^N W ^ . SAN JUAN NATIONAL FOREST Sec. 29, sy 2NW^SEi4, N^SW^SE^. Brainard Lake Recreation Area : Skyline Campground: T. 1 N., R. 73 W„ Dolores River Canyon Overlook Picnic T. 8 N., R. 75 W., Sec. 5, Ey2NEy4SEi/4, S E ^ S H éN E ^ ; Ground: Sec. 19, Ey2 Lot 1, NE>4 Lot 2. Sec. 4, sy2sy2Nw^, Ny2sw i4 , Ny2sy 2 T. 41 N., R. 17 W., Tunnel Campground :- sw y t, Nwy4SEy4, n w &s w &s e ^ . sec. is, sy2sy2swi4swi4; T. 8 N., R. 75 W., . Dowdy Lake Recreation Area : sec. 19, wy2Nwy4Nwy4, wy2Ey2Nwy4 Sec. 7, Sy2 Lot 3, Ny2 Lot 4, N E ^SW ^, T. 10 N„ R. 73 W., NW14, N W ySW ^N W y. NW ^SE& SW ^. sec. 27, SEy4, n ^ s e ^ s w ^ , SEy4SEy4 Navareeso Campground: Bellaire Lake Campground: sw y 4; T. 39 N., R. 13 W., T. 9 N., R. 73 W., Sec. 26, W1/2SW14, swy4Nwyi; Sec. 9, sysyN w y, Ny2Nwy4swy4, 'Sec. 6, N W ^SE ^, SW ^ N E ^, Ey2NE^ Sec. 34, Ny2N E ^, N E^N E^N W 1^. NwyNEyswy. SW%. Fox Creek Recreation Area: Transfer Picnic Ground: Sleeping Elephant Campground: T. 3 N„ R. 73 W., T. 37 N., R. 12 W., T. 8 N., R. 75 W., Sec. 17, S ^ N W y . Sec. 24, NWy4SWi4, Wy2NE%SWi,4; Burro Bridge Campground: Sec. 11, NE (4 NE % NW %, Wy2NW1/4NE1A. Sec. 23, N E ^ SE ^ . Tom Bennett Campground: T. 41 N., R. 11 W., T. 7 N., R. 73 W„ Rock Creek Recreation Area : Sec. 27, S y S W y NE (4, Ny2NWySE!4, Sec. 16, Ey2SEy4NWV4, Wy2SWi4NEy4. T. 2 N., R. 73 W., EyNEyswy, swyNwysEy. Mt. Meeker Campground: Sec. 2, SE ^ SW ^ . Sig Creek Campground: T. 3 N., R. 73 W., Redfeather Ranger Station Administrative T. 39 N., R. 9 W., Sec. 11, SE ^N W ^. ; . Site : Sec. 20, W y S W y N E y . Dahl Kelly Campground: T. 10 N., R. 73 W., Columbine Campground: T. 1 S., R. 72 W., Sec. 34, Ny2NWy4NWy4, NWy4NEy4 T. 39 N., R. 9 W., Sec. 30, Si/aSW ^NW ^, SWy4SE^NWy4, n w ‘/4, sy 2N E^; Sec. 25, SE 14 NW*4 NW y , West Fork Campground: Nw%swi4, wy2NEy4sw ^. Sec. 27, SW &SE^SW 1^. Creedmore Lake Campground: T. 37 N., R. 1 E., T. 10 N., R. 73 W., White Pine Lookout Administrative Site: Sec. 17, N E y S W y , E yN W ySW y, T. 7 N., R. 72 W., Sec. 4, SWi/4NW>/4, S^ N W ^ N W ^ . n y2 se (4 s w y4, wy2SEy4Nw>/4, e1/* West Lake Campground: Sec. 4, SEy,NWi,4. swyNwy. SEySEyNWy. T. 10 N., R. 73 W.,' Deadman Lookout Administrative Site: Williams Creek Campground: Sec. 34, sy 2Ni/2NWi4, SE^NW^. T. 10 N„ R. 75 W., T. 38 N., R. 3 W., Sheep Creek Campground: Sec. 13, SEy4 NWSE %, SW^NE^SE^, Sec. 30, W y S E y . T. 11 N., R. 74 W., NW % SE % SE 14, NE^SW^SE^. East Columbine Campground: sec. 12, w y2s w i4 , SE%SW%, sy 2NEy4 Mt. Thorodin Lookout Administrative Site: T. 39 N„ R. 9 W., SW^. T. 2 S., R. 72 W., Sec. 24, S W y S E y . Allenspark Campground: Sec. 11, N SE Î4 NW y.. Lower Piedra Campground: T. 3 N., R. 73 W., y2 Ft. Collins Mt. Recreation Area: T. 34 N„ R. 4 W., North of Ute Ceded Line, Sec. 26, SWy4NE>/4, S ^ N W ^ N E ^ . sec. 5, wyswy» swyNwy. Jenny Lake Campground: T. 8 N., R. 72 W„ Sec. 4, SEySEySWy, SySWySEy, West Dolores Campground: T. 1 S., R. 74 W., T. 39 N., R. 13 W., Sec. 27, Ey2SW%NW14, w y2SE ^N W ^. S W y S E y S E y ; Sec. 10, NE 14 n w y , wyNwyNEy. North Fork Poudre Picnic ¿round: Sec. 9, NEy4NWy4, Ny2N w y N E y . T. 10 N., R. 74 W„ East Fork Campground: Sec. 20, S ^ N E ^ S E 1^, N ^ S E ^ S E 1^, The areas described total 2674.48 T. 36 N., R. 1 E., Ansel Watrous Picnic Ground: acres. Sec. 7, E y N W y . T. 8 N., R. 71 W., Transfer Park Campground: Sec. 4, Si/2SW ^NEi4, SW^SE^NE^, This order shall take precedence over T. 37 N„ R. 7 W., n y2 N w 14 SE >/4. but not otherwise affect the existing Sec. 19, Ei/2NWy4, E y w y N W y . Friday, September 13, 1957 FEDERAL REGISTER 7313

Emerson Campground: a. Prom all forms of disposition under (30 Stat. 34, 36; 16 U. S. C. 473) and T. 39 N., R. 13 W., the public land laws, including the min­ otherwise, and pursuant to Executive Sec. 18, SEi4SW%, S% lot 2; ing and the mineral-leasing laws; Order No. 10355 of May 26, 1952, it is Sec. 19, Ny2 lot 1, N E ^N W ^. ordered as follows: Glade Guard Station Administrative S ite: N ew Mexico P rincipal Meridian T. 41 N., R. 16 W„ T. 43 N., R. 19 W., Subject to valid existing rights, the Sec. 28, Si/2SEi4SEi4; Sec. 36, Wy2 NW>/4 SE^SE^4, and SW& following-described public lands within Sec. 33, NE*4NEl/4. s w % n e y4 s e y4 . the national forests hereinafter desig­ Glade Mtn. Lookout Adm. Site: nated, are hereby withdrawn from all T. 41 N., R. 16 W., The areas described aggregate 7.5 forms of appropriation under the public Sec. 36, SyaNE^NW ^, Ny2SE ^N W ^. acres. land laws, including the mining but not Dunton Guard Station Adm. Site: b. Prom all forms of disposition under the mineral-leasing laws nor the act of T. 41 N.,R. 11 W., the public land laws, including the min­ July 31, 1947 (61 Stat. 681; 69 Stat. 367; Sec. 28, Wy2SE ^ , Ei/aSW^. , ing but not the mineral-leasing laws: Cottonwood Guard Station Adm. Site: 30 U. S. C. 601-604) as amended, and T. 40 N., R. 14 W.; New Mexico P rincipal Meridian reserved for use of the Forest Service, Sec. 36, SW ^N E ^, E ^ S E ^ N W ^ , NJ4 T. 43 N., R. 18 W., Department of Agriculture, for use as NWi4SEV4, NE%NE^SWV4. Sec. 4, NWi/4. recreation areas and a roadside zone: Aspen Guard Station Adm. S ite: T. 44 N., R. 18 W., T. 37 N., R. 12 W., * Sec. 32, lots 2, 3, and 5; W illamette M eridian Sec. 8, SW ^ N E ^ , Sy2 SE^NE^i; Sec. 33, SW y4 NW y4, and NW%SW%. SNOQUALMIE NATIONAL FOREST Sec. 9, SW&SW&NW^. Animas Ranger Station Adm. Site: The areas described aggregate 215.47 North Fork Crossing Recreation Area: T. 36 N., R. 9 W„ acres. T. 28 N., R. 11 E., Sec. 22, SW ^SE ^; R oger E rnst, Sec. 20, lots 1, 2, 5, and Mineral Survey Sec. 27,HEy4. Assistant Secretary of the Interior. No. 216. Yellow Jacket Guard Station Adm. Site: The areas described contain 85.03 acres. T. 34 N., R. 5 W., North of Ute Line, S eptember 9,1957. Troublesome Creek Recreation Area: Sec. 10, lots 1,2,3; [F. R. Doc. 57-7537; Filed, Sept. 12, 1957; T. 28 N., R. 11 E„ Sec. 15, NE^4NW^4. 8:54 a. m.] Sec. 21, NW14NE1/4SW14, Si/2Ny2NWi4 Chimney Rock Lookout Adm. Site: SW1/4, and Ni/2S y2 N Wy4SWy4. T. 34 N., R. 4 W., South of Ute Line, The areas described contain 30 acres. Sec. 17, SW ^ SW ^N E ^, W ^N W ^ SE ^, Bear Creek Falls Recreation Area: Ey2 n e y4 sw 14, sw y4 se y4. [Public Land Order 1496] T. 28 N., R. 11 E., Jersey Jim Lookout Adm. Site: [BLM 042717] Sec. 22, Ei/2SWy4SWy4, SE& SW ^, and T. 37 N„ R. 12 W., Sy2SWi4SEi4; Sec. 4, SW%NE}4 • M ississip p i Sec. 27, N!/2NWy4NEi/4, SW&NW&NEft, Granite Peaks Guard Station Adm. Site: WITHDRAWING PUBLIC LANDS FOR USE OF and Ey2N E^N W ^. The areas described contain 130 acres. T. 39 N., R. 4 W., Unsurveyed, DEPARTMENT OF THE ARMY FOR MILITARY Sec. 19, Ey2SWi4, w y2SE%. San Juan Recreation Area: Silver Falls Guard Station Adm. Site: PURPOSES T. 28 N„ R. H E ., T. 37 N., R. 2 E., By virtue of the authority vested in the Sec. 26,Ni/2N W ^. * Sec. 28, N E ^ SW ^, E ^ N W ^ SW ^ , President, and pursuant to Executive The area described contains 80 acres. Ny2Ny2SEi4swi4. Order No. 10355 of May 26, 1952, it is Deception Creek Recreation Area: Treasure Guard Station Adm. Site: T. 26 N., R. 12 E., T. 36 N„ R. 1 W., ordered as follows: Sec. 25, SE»4NEy4, E&SW&NE&, and Sec. 33, SE ^N W ^, Ny2SW ^. Subject to valid existing rights, the n y% n y2 n e y4sEy4. Eight Mile Mesa Lookout Adm. Site: following-described lands in Mississippi T. 26 N., R. 13 E., T. 34 N„ R. 1 W., are hereby withdrawn from all forms of Sec. 30, lot 2 and N% of lot 3. , Sec. 19, Ei/aSW ^NW ^. appropriation under the public land laws, The areas described contain 134.45 acres. including the mining and mineral-leas­ The areas described total 2,374.57 M t. Baker National F orest acres. ing laws, and reserved for use of the Department of the Army for military Mt. Baker State Highway Zone This order shall be subject to existing T. 39 N., R. 7 E., withdrawals for reclamation purposes purposes: Sec, 1, lots 1,2,3,4, 5, and 6; so far as they affect any of the above- St . Ste ph en s Meridian Sec. 2, lots 1,2, 3, and 4; described lands, and shall take prece­ T. 3 N., R. 12 W., Sec. 3, lots 2,4, 5, and 6; dence over, but not otherwise affect, the Sec. 19, SW14SW14. Sec. 4, lots 2,4, 6, 7, 8, and W&SW&; existing reservation of the lands for Sec. 5, Ey2 of lot 1; The area described contains 34.76 Sec. 8, Ny2NW}4NE}4. national forest purposes. acres. T. 40 N., R. 7 E., R oger E rnst, It is the intent of this order that the Sec. 33, Si/aSMs; Assistant Secretary of the Interior. withdrawn minerals in the lands shall Sec. 34, sy 2sy 2; remain under the jurisdiction of the De­ Sec. 35, SMjSE^; S eptember 9,1957. Sec. 36, lots 1, 2,3, and 4. partment of the Interior, and no dispo­ T. 39 N., R. 8 E., unsurveyed, [F. R. Doc. 57-7536; Filed, Sept. 12, 1957; sition shall be made of such minerals Sec. 2,Ny2Ni4 ; 8:54 a. m.] except under the applicable United Sec. 3, NE%NE%; States mining and mineral-leasing laws, Sec. 6, NW>/4NWy4; and then only after such modification Sec. 25, Ey2Ey2. of the provisions of this order as may T. 40 N., R. 8 E. (unsurveyed except for sec. [Public Land Order 1495] be necessary to permit such disposition. 36), Sec. 31, Nwy,swy4, sy 2sw y 4, SE%, ex­ [Colorado 07761] R oger Ernst, clusive of patented mining claims; Assistant Secretary of the Interior. Sec. 32, Ny2Sy2, SW^SWyi, exclusive of Colorado patented mining claims; S eptember 9, 1957. Sec. 33, SWy4NWy4 and Ny2 Sy2; WITHDRAWING PUBLIC LANDS FOR USE OF [F. R. Doc. 57-7538; Filed, Sept. 12, 1957; Sec. 34, Ni/aSW^, SE%SW%, NW&SEyi, UNITED STATES ATOMIC ENERGY COM­ 8:54 a. m.] and sy 2SEi,4 ; MISSION Sec. 35, SW14SW14 and SE^SE^; Sec. 36, lots 1, 2, 3, 4, 5, 6, 7, and Ny2S E ^ . By virtue of the authority vested in T. 39 N., R. 9 E., unsurveyed, the President and pursuant to Executive [Public Land Order 1501] Sec.5,SW^SW%; Order No. 10355 of May 26, 1952, it is [Washington 01599] Sec. 6, SW14NE14, NWi4, Ny2SEy4, and ordered as follows: SEV4SE14; Subject to valid existing rights, the W ashington Sec. 7, N E ^N E ^; hereinafter-described public lands in RESERVING PUBLIC LANDS FOR USE OF FOREST Sec. 8, Wy2 and SW^SE^; Colorado are hereby withdrawn as in­ SERVICE FOR USE AS RECREATION AREAS AND Sec. 17; ROADSIDE ZONE Sec. 18, sy2NE^ and SE&; dicated and reserved for use of the Sec. 19, Ey2; United States Atomic Energy Com­ By virtue of the authority vested in Sec. 20, NWy4; mission; the President by the act of June 4, 1897 Sec. 30,Ny2. 7314 RULES AND REGULATIONS

T. 40 N., R. 9 E., licensee, but rather relieves existing re­ was published in the F ederal R egister Sec. 31, lots 3, 4, 5, 6, and 7. strictions, it may be made effective less of June 28, 1957 (22 F. R. 4582) in ac­ The areas described contain approxi­ than 30 days after publication as pro­ cordance with section 4 (a) of the Ad­ mately 5,230 acres. vided in section 4 (c) of the Adminis­ ministrative Procedure Act; and This order shall be subject to the exist­ trative Procedure Act; and It further appearing that the period ing withdrawal of the lands for power It further appearing that authority in which interested persons were af­ purposes. for this Order is contained in sections forded an opportunity to submit com­ R oger Ernst, 303 (o), (p), and (r) of the Communica­ ments with respect thereto has expired- Assistant Secretary of the Interior. tions Act of 1934, as amended: and It is ordered, That, effective Septem­ S eptember 9,1957. It further appearing that comments ber 20, 1957, Part 9 of the Commission’s in support of the Commission’s proposal [P. R. Doc. 57-7539; Filed, Sept. 12, 1957; rules governing Aviation Services be have been filed by the Association of 8:54 a. m.] amended as set forth below. American Railroads, the Southern Cali­ (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. fornia Radio Taxicab Association, and 154. Interprets or applies sec. 303, 48 Stat. the Joint ATA-NATO Radio Committee, TITLE 47— TELECOMMUNI­ 1082, as amended; 47 U. S. C. 303) and that no objection or adverse com­ CATION Released: September 10, 1957. ments with respect to the above-men­ tioned proposal have been received; and Chapter I— Federal Communications F ederal Communications It further appearing that the Com­ Commission Commission, mission, on its own motion, desires to [FCC 57-975] [seal] E velyn F. E ppley, clarify the wording of the amendment of Acting Secretary. [Rules Arndt. 9-14] § 16.8 (a) to more accurately express Amend Part 9—Aviation Services as the original intent; and P art 9—Aviation S ervices indicated below; It further appearing that the public RELAXING OF AIRCRAFT RADIO STATION Amend § 9.191 (a) (3) to read as interest, convenience and necessity will IDENTIFICATION REQUIREMENTS follows: be served by the amendments herein ordered and that authority therefor is At a session of the Federal Communi­ (3) When use is made of the aircraft contained in sections 4 (i) and 303 of the cations Commission, held at its offices in registration number, the full number Communications Act of 1934, as Washington, D. C., on the 5th day of must be given upon the initial call of amended; September, 1957; each continuous series of communica­ It is ordered, That effective October The Commission having under con­ tions. In other communications in each 15, 1957, Part 16 of the Commission’s sideration amendment of Part 9—Avia­ series, the aircraft station may use an rules is amended as set forth below. tion Services to relax identification re­ abbreviated identification consisting of the last two characters of the aircraft (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. quirements applicable to aircraft radio 154. Interpret or apply sec. 303; 48 Stat. stations; and registration number if the practice is 1082, as amended; 47 U. S. C. 303) It appearing that the Civil Aeronautics initiated by the ground station operator. Administration (CAA) has requested [F. R. Doc. 57-7513; Filed, Sept. 12, 1957; Released: September 10, 1957. that the Commission review existing air­ 8:50 a. m.] F ederal Communications craft identification procedures with a Com m ission, view to shortening the average time in­ [ seal] E velyn F. Eppley, volved in completing air-to-ground con­ Acting Secretary. tacts with CAA control towers and other [Docket No. 12066; FCC 57-974] facilities; and [Rules Aiûdt. 16-18] 1. Amend paragraph (a) of § 16.8 to read as follows: It further appearing that the CAA re­ P art IS— Land T ransportation R adio quest is justified by the heavy loading S ervices § 16.8 Policy governing the assign­ of air traffic control channels currently ment of frequencies, (a) The frequen­ experienced in the vicinity of terminal POLICY GOVERNING THE ASSIGNMENT OF cies which normally may be assigned to areas; and frequencies; frequency coordination stations in any one of the several Land It further appearing that the Com­ At a session of the Federal Communi­ Transportation Radio Services are listed mission’s rules now in force permit air­ cations Commission held at its offices in in the applicable subparts of this part. craft stations to identify, after the ini­ Washington, D. C., on the 5th day of Each frequency or band of frequencies tial call, by use of the last three char­ September 1957; thus listed is available on a shared basis acters the aircraft registration number, The Commission having under consid­ only and will not be assigned for the ex­ provided the practice is first inaugurated eration amendment of its rules govern­ clusive use of any licensee. All appli­ by the ground station operator; and ing the Land Transportation Radio cants and licensees in these services shall It further appearing that air-to- Services (1) to require each application cooperate in the selection and use of the ground contacts could be expedited by for new radio facilities or for a change in frequencies in order to minimize inter­ permitting two-character identification the assigned frequency of an existing ference and obtain the most effective in lieu of three-character identification; facility, in all cases where a choice of use of their radio facilities. In the event and frequencies exists, to clearly indicate of interference between stations, the It further appearing that conversion to the Commission the basis upon which licensees of the stations involved are ex­ to two-character identification would a particular frequency has been selected pected to resolve such interference prob­ not adversely affect aircraft safety; and and that the applicant has in fact co­ lems by mutually satisfactory agree­ It further appearing that two-charac­ ordinated that frequency selection in ment. If the licensees are unable to ter aircraft radio station identification some definite manner; (2) to clearly in­ reach such an agreement the Commis­ in the manner herein ordered is con­ dicate that licensees are expected to re­ sion, at its discretion, among other sistent with Chapter VII, Article 19 of solve their own interference problems; things, may specify a time sharing ar­ the Atlantic City Radio Regulations and (3) to specifically provide that, in rangement, or may limit the transmit­ (1947); and the event they are unable to do so, the ting power, antenna height, and hours It further appearing that issuance of Commission may specify a time-sharing or area of operation of the stations Notice of Proposed Rule Making^ pur­ arrangement in addition to placing limi­ concerned. suant to section 4 (a) of the Administra­ tations on such things as station trans­ tive Procedure Act would unnecessarily mitter power, antenna height, hours of 2. Add the following new section: delay the timely adoption of the amend­ operation or geographical area of opera­ § 16.9 Frequency coordination. Ex­ ment herein ordered, and would not tion, as may otherwise be necessary; cept for applications in the Automobile therefore serve the public interest; and and Emergency Radio Service proposing to It further appearing, that since the It appearing that the Commission on use a frequency made available under amendment herein ordered imposes no June 21, 1957 adopted a notice of pro­ provisions of § 16.503 (b), each applica­ new requirement on any applicant or posed rule making in this matter which tion requesting assignment of a fre- Friday, September 13, 1957 FEDERAL REGISTER 7315 nuency not currently authorized for use Subchapter F— Alaska Commercial Fisheries “12 o’clock noon Thursday” and substi­ by that station shall be accompanied by tuting in lieu thereof “12 o’clock noon P art 119—S outheastern A laska Area, Friday.” a statement as evidence that applicant E astern D istrict, S almon F isheries is aware of and has complied with the Since immediate action is necessary, requirement that he cooperate with ADDITIONAL FISHING TIME notice and public procedure on this other licensees in the selection of a fre­ Basis and purpose. On the basis of amendment are impracticable (60 Stat. quency. This statement may be sub­ good escapements of chum salmon in the 237; 5 U. S. C. 1001 et seq.) mitted in any one of the following forms, Taku-Port Snettisham section of the (Sec. 1, 43 Stat. 464, as amended; 48 U. S. C. but any recommendations submitted in Eastern district, it has been determined 221) connection therewith are purely advi­ that some additional fishing time can be A. W. Anderson, sory in character and cannot be consid­ permitted. ered as binding upon the Commission. Acting Director, Therefore, effective immediately upon Bureau of Commercial Fisheries. (a) A statement, including an engi­ publication in the F ederal R egister, neering survey if necessary, which sets § 119.3 is amended in paragraph (a) in [F. R. Doc. 57-7585; Filed, Sept. 11, 1957; forth the technical and other considera­ the second sentence of text by deleting 4:29 p. m.] tions in support of the selection of the particular frequency requested. The Commission expects that the applicant will notify the licensees of all known stations in the same service located PROPOSED RULE MAKING within the local interference range of the proposed station location and oper­ ating on the frequency proposed to be mington, Delaware, proposing the estab­ used by the applicant, of the applicant’s DEPARTMENT OF HEALTH, EDU­ lishment of a tolerance of 2 parts per intention to request that frequency. CATION, AND WELFARE million for residues of monuron (3-(p- (b) A statement from a local fre­ chlorophenyl)-l,l-dimethylurea) in or quency advisory committee of users Food and Drug Administration on avocados. suggesting a specific frequency or com­ [ 21 CFR Part 120 1 The analytical method proposed in the menting upon the frequency which in petition for determining residues of its opinion would result in the least in­ T olerances and Exem ptions from T ol­ monuron is the method reported in “De­ terference being caused to existing sta­ erances for P esticide Chemicals in termination of 3- (p-Chlorophenyl) -1,1- tions in the area by the proposed sta­ or on R aw A gricultural Commodities dimethylurea in Soils and Plant Tissue,” tion. In the event the frequency rec­ NOTICE OF FILING OF PETITION FOR ESTAB­ by W. E. Bleidner, H. M. Baker, Michael ommended in accordance with the above LISHMENT OF TOLERANCE FOR RESIDUES Levitsky, and W. K. Lowen, published in is not in the frequency band desired by OF MANGANOUS DIMETHYLDITHIOCARBA- the Journal of Agricultural and Food the applicant, the Committee should also MATE Chemistry, Volume 2, pages 476-479, indicate a frequency in the band desired April 28, 1954. by the applicant which in its opinion Pursuant to the provisions of the Fed­ would result in the, least amount of in­ eral Food, Drug and Cosmetic Act (sec. Dated: September 6, 1957. terference and would therefore appear 408 (d) (1), 68 Stat. 512; 21 U. S. C. [ seal] R obert S. R oe, to be most suitable. Such statements 346a (d) (1)) the following notice is Director, may appropriately include comments on issued: Bureau of Biological A petition has been filed by Food and Physical Sciences. other technical factors such as power, Machinery and Chemical Corporation, antenna height and other limitations Middleport, New York, proposing the [F. R. Doc. 57-7511; Filed, Sept. 12, 1957; which may serve to mitigate any pcjssi- establishment of a tolerance of 7 parts 8:49 a. m.] ble interference. The frequency advi­ per million for residues of manganous sory committee must be so organized dimethyldithiocarbamate in or on apples. that it is representative of the industry The analytical method proposed in [21 CFR Part 130 1 eligible for radio facilities in the service the petition for determining residues of concerned in the area in which the com­ manganous dimethyldithiocarbamate is D rugs Exempted from P rescription- mittee functions and for which recom­ a modification of the method of W. K. D ispensing R equirements of Section Lowen, Analytical Chemistry, Volume 23, 503 (b) (1) (C) of the Federal F ood, mendations are made. D rug, and Cosmetic Act (c) A recommendation from a fre­ pages 1846-1850 (December 1951). quency coordinating committee, or other Dated: September 6,1957. notice of proposal to exempt car- appropriate representative of a national BETAPENTANE CITRATE PREPARATIONS FROM [ seal] R obert S. R oe, PRESCRIPTION-DISPENSING REQUIREMENTS association composed of a majority of Director, persons eligible for radio facilities in the Bureau of Biological Notice is given that the Commissioner particular service involved. and Physical Sciences. of Food and Drugs, in accordance with the Federal Food, Drug, and Cosmetic [P. R. Doc. 57-7514; Filed, Sept. 12, 1957; [F. R. Doc. 57-7510; Filed, Sept. 12, 1957; Act (secs. 503 (b) (3), 505 (c), 701 (a); 8:50 a. m.] 8:49 a. m.] 65 Stat. 649, 52 Stat. 1052, 1055; 21 U. S. C. 353 (b) (3), 355 (c), 371 (a)) and the authority delegated to him by TITLE 50— WILDLIFE the Secretary of Health, Education, and [21 CFR Part 1201 Welfare (21 CFR, 1956 Supp., 130.101 Chapter I— Fish and Wildlife Service, T olerances and E xemptions F rom T ol­ (b)) hereby offers an opportunity to all Department of the Interior erances for P esticide C hemicals in or interested persons to submit their views on R aw A gricultural Com modities in writing to the Hearing Clerk, Depart­ Subchapter C— Management of Wildlife ment of Health, Education, and Welfare, Conservation Areas NOTICE OF FILING OF PETITION FOR ESTAB­ Room 5440, 330 Independence Avenue LISHMENT OF TOLERANCE FOR RESIDUES OF P art 17—List of Areas SW., Washington 25, D. C., within 30 MONURON days from the date of publication of national wildlife refuges Pursuant to the provisions of the Fed­ this notice in the F ederal R egister on Cross R eference: For order reserving eral Food, Drug, and Cosmetic Act (sec. the proposed amendment set forth certain lands as an addition to the Ten­ 408 (d) (1), 68 Stat. 512; 21 U. S. C. 346a below: nessee National Wildlife Refuge (§ 17.3) (d) (1) ), the following notice is issued: It is proposed to amend paragraph (a) see Public Land Order 1482 in the Appen­ A petition has been filed by E. I. du of § 130.102 Exemption for certain drugs dix to Title 43, Chapter I, supra. Pont de Nemours and Company, Wil- limited by new-drug applications to pre- No. 178------3 7316 PROPOSED RULE MAKING

scription sale by adding the following This action in removing the prior re­ 1937, as amended (7 U. S. C. 601 et seq.), new subparagraph: striction limiting these drugs to prescrip­ and the applicable rules of practice and Carbetapentane citrate (2- (2-diethyl- tion sale is taken under the authority of procedure governing the formulation of aminoethoxy) - ethyl - 1 - phenylcyclo- the Federal Food, Drug, and Cosmetic marketing agreements and marketing pentyl-l-carboxylate citrate) prepara­ Act (secs. 503 (b) (3), 505 (c), 52 Stat. orders (7 CFR Part 900), notice is hereby tion^ meeting all4 the following con­ 1052, 65 Stat. 649; 21 U. S. C. 353 (b) (3), given of the filing with the Hearing Clerk ditions : 355 (c) ), which provides for and requires of the recommended decision of the (i) The carbetapentane citrate is pre­ the removal of such restrictions if they Deputy Administrator, Agricultural Mar­ pared, with or without other drugs, in are not necessary for the protection of keting Service, United States Department tablet or other dosage form suitable for the public health. of Agriculture, with respect to proposed oral use in self-medication, and contain­ (Sec. 701, 52 Stat. 1055; 21 U. S. C. 371. In­ marketing agreements and proposed ing no drug limited to prescription sale terprets or applies secs. 503 (b) (3), 505 (c), orders amending the orders regulating under the provisions of section 503 (b) 52 Stat. 1052, 65 Stat. 649; 21 ü. S. G. 353 (b) the handling of milk in the Greater (1) of the act. (3),355 (c)) Wheeling, West Virginia,-: and Clarks­ (ii) The carbetapentane citrate and Dated: September 6,1957. burg, West Virginia, marketing areas. all other components of the preparation Interested parties may file written ex­ meet their professed standards of iden­ [ seal] G eo. P. Larrick, ceptions to this decision with Hearing tity, strength, quality, and purity. Commissioner of Food and Drugs. Clerk, United States Department of (iii) If the preparation is a new drug, [P. R. Doc. 57-7512; Filed, Sept. 12, 1957; Agriculture, Washington 25, D. C., not an application pursuant to section 505 8:49 a. m.] later than the close of business on the (b) of the act is effective for it. 10th day after publication of this deci­ (iv) The preparation contains not sion in the F ederal R egister. Excep­ more than 25 milligrams of carbetapen­ DEPARTMENT OF AGRICULTURE tions should be filed in quadruplicate. tane citrate per dosage unit ; or if it is in Preliminary statement. The hearing liquid form, not more than 1.5 milligrams Agricultural Marketing Service on the record of which the proposed of carbetapentane citrate per milliliter. I 7 CFR Part 961 ] marketing agreements and orders were (v) The preparation is labeled with formulated was conducted at Clarksburg, adequate directions for use in the tem­ [Docket No. AO-160-A18] West Virginia, on March 26, 1957, and at porary relief of cough due to minor con­ M ilk in P hiladelphia, P a., M arketing Wheeling, West Virginia, on March 27- ditions in which it is indicated. A rea 28, 1957, pursuant to notice thereof (vi) The dosages recommended or which was issued on March 6, 1957 (22 suggested in the labeling do not exceed: EXTENSION OF TIME FOR FILING EXCEPTIONS F. R. 1575). A number of proposals and For adults, 30 milligrams of carbetapen­ TO RECOMMENDED DECISION WITH RE­ much of the testimony on the record were tane citrate per dose or 120 milligrams of SPECT TO PROPOSED AMENDMENTS TO directed toward similar amendments to carbetapentane citrate per 24-hour TENTATIVE MARKETING AGREEMENT AND both orders. For this reason the issues period: for children 4 to 12 years of age, TO ORDER, AS AMENDED on thje record are herein considered as 7.5 milligrams per dose or 30 milligrams Pursuant to the provisions of the Agri­ bearing upon the need for amendment of per 24-hour period; for children 2 to 4 cultural Marketing Agreement Act of either or both orders except in those in­ years of age, 4.0 milligrams per dose or 1937, as amended (7 U. S. C. 601 et seq.), stances where the proposals were specif­ 16.0 milligrams per 24-hour period. and the applicable rules of practice and ically intended for only one of the orders. (vii) The label bears a conspicuous procedure, as amended, governing the Material issues. The material issues warning to keep the drug out of the formulation of marketing agreements of record relate to: reach of children, and the labeling bears, and marketing orders (7 CFR, Part 900), 1. The marketing area: in juxtaposition with the dosage notice is hereby given that the time for (a) Whether Kingwood, West Vir­ recommendations : filing exceptions to the recommended ginia, should be deleted from the Clarks­ (a) A clear warning statement against decision with respect to proposed burg marketing area; administration of the drug to children amendments to the tentative marketing (b) Whether Monroe County, Ohio, under 2 years of age, unless directed by agreement and to the order, as amended, the remainder of Guernsey County, Ohio, a physician. regulating the handling of milk in the and the township of Union in Muskin­ (b) Clear warning statements against Philadelphia, Pennsylvania, marketing gum County, Ohio, should be added to use of the drug in the presence of high area, which was issued on August 23, the Greater Wheeling marketing area. feygr or if cough persists, since persistent 1957 (22 F. R. 6920; F. R. Doc. 57-7060) 2. Provisions affecting whether a plant cough as well as high fever may indicate is hereby extended to September 30, qualifies as a pool plant, and regulation the presence of a serious condition. 1957. Such exceptions must be filed with of nonpool plants. The proposed amendment will remove the Hearing Clerk, Room 112, Adminis­ 3. Definition of “producer” with re­ the drugs mentioned therein from the tration Building, United States Depart­ spect to diversion. prescription-dispensing requirements of ment of Agriculture, Washington 25, 4. The price for Class I milk,, includ­ the Federal Food, Drug, and Cosmetic D. C., not later than the close of business ing supply-demand adjustment provi­ Act (sec. 503 (b) (1) (C), 52 Stat. 1052, as of this date. sions and seasonal price differentials in 65 Stat. 649; 21 U. S. C. 353 (b) (1) (C)>. Dated: September 10, 1957. both markets. These drugs were previously limited by 5. The price for Class II milk. their new-drug applications to use under [seal] R oy W. Lennartson. 6. Classification of various special professional supervision because the Deputy Administrator. types of receipts and disposition. scientific data establishing the toxic po­ [F: R. Doc. 57-7544; Filed, Sept. 12, 1957; 7. Definition of “base milk”, changes tential of the drugs and their intended 8:56 a. m.] in months in which producers earn base, use showed only that they were safe if and months in which producers are paid used under professional supervision. for base. 8. Location differentials. Pursuant to the regulations in § 130.101 [ 7 CFR Parts 1002, 1009 ] (b) of this chapter (21 CFR, 1956 Supp., 9. Certain conforming and clarifying 130.101 (b) ), petitions have been sub­ [Docket No. AO-268-A3] changes of order language. > mitted to remove the prescription re­ 1. Marketing Area—(a) Clarksburg M ilk in G reater W heeling and Clarks­ marketing area. Kingwood, West Vir­ strictions from these drugs. Evidence burg, W . Va., M arketing Areas now available through investigation and ginia, should be retained as part of the marketing "experience shows that the RECOMMENDED DECISION AND OPPORTUNITY Clarksburg marketing area. drugs can be safely used by the laity in TO FILE WRITTEN EXCEPTIONS WITH A handler regulated under the Clarks­ self-medication if they are used in ac­ RESPECT TO PROPOSED AMENDMENTS TO burg order proposed the deletion of cordance with the proposed labeling. The TENTATIVE MARKETING AGREEMENTS, AND Kingwood from the marketing area. restriction to prescription sale is no TO ORDERS The principal reasons advanced by the longer necessary for the protection of the Pursuant to the provisions of the Agri­ proponent for this action were to alle­ public health. cultural Marketing Agreement Act of viate his surplus disposal problem in Friday, September 13, 1957 FEDERAL REGISTER 7317 flush months, and to enable him to com­ growth have transformed the County in Muskingum County should not be pete more favorably with unregulated from one of predominantly rural charac­ added to the marketing area. handlers for fluid sales in areas not in­ teristics to one of more urban charac­ 2. Pool plant qualifications and pay­ cluded in the Clarksburg order. King- teristics. ments on nonpool milk. The defini­ wood is the largest population center in Regulated handlers now market a sub­ tions of “pool plant”, “distributing Preston County, and is the only part of stantial majority of the total fluid dis­ plant”, and “supply plant” should be the County included in the Clarksburg tribution within Monroe County. There revised. area. It is one of several population are 13 known retail and/or wholesale dis­ An association representing producers centers included in the Clarksburg mar­ tributing routes within the County. Of in both markets requested that the defi­ keting area which are separated by in­ these, 10 originate from plants regulated nition of “distributing plant” be changed tervening rural territory from the main under the terms of the Wheeling order to increase the required percentage of part of the area. and 3 originate from 3 unregulated milk distributed on routes to 55 percent Nearly all fluid sales in Kingwood (not plants located outside of Monroe County in the months of April, May and June, including raw Grade A milk sold by local and outside the marketing area. and 65 percent in other months. These producer-handlers) are made by four A Grade A health ordinance has re­ percentages would be based upon the re­ handlers regulated under either the cently been adopted by the County. ceipts at the plant from producers. The Clarksburg or Wheeling order. Two of Milk plants in the County and dairy order now requires route distribution of these handlers, who opposed the dele­ farms serving such plants are subject to 45 and 55 percent, in the same months, tion of Kingwood, testified that their health standards similar to those en­ based on combined receipts from pro­ firms each distribute about 35 percent of forced in the communities presently ducers and other pool plants. An accom­ the total fluid sales in Kingwood. A third comprising the Wheeling ' marketing panying proposal made by this associa­ regulated handler has only a fractional area. tion was to eliminate the 10-day limit share of the market; and the fourth, the No evidence was submitted in opposi­ which applies to diversion of a producer’s proponent handler, distributes about 30 tion tò the inclusion of Monroe County. milk during the months of August percent. If Kingwood were deleted, the Handlers who might be brought under through February, so that unlimited di­ proponent handler would become non- regulation did not oppose this expansion. version would be permitted during any regulated while the other three handlers, Because of the similarity of health month of the year. This latter pro­ who market approximately 70 percent of standards in effect in Monroe County posal was conditioned, however, on the fluid milk sold in the town, would with those in effect at the present mar­ adoption of the higher percentage re­ remain regulated. keting area, and because handlers regu­ quirements for pool distributing plants. Approximately 70 percent of the pro­ lated under the terms of the Wheeling This association proposed also that the ponent handler’s sales are outside the order control the large majority of fluid order should allow for “diversion” of marketing area but within Preston sales within the County, it is concluded milk between pool plants, so that the County. His competition within the that Monroe County should be part of “diverted” producers would remain on nonregulated portion of the County con­ the marketing area. the payroll of the diverting plants, and sists of regulated handlers and an un­ Certain Wheeling handlers proposed not appear in the receipts or pool plant regulated handler whose plant is located that the remainder of Guernsey County, qualification computations of the plant in Cumberland, Maryland. The evi­ Ohio, not now in the marketing area, to which they were diverted. This, it dence indicates that this unregulated and Union Township in Muskingum was indicated, would facilitate move­ handler purchases milk at less than order County, Ohio, be added to the Greater ment of milk to handlers temporarily in prices. The proponent testified that Wheeling marketing area. This proposal need of additional supplies and would competition was severe in the unregu­ was supported on the basis of similar help in handling seasonal surplus. lated portion of the County, particularly health requirements, and that regulated Testimony given by handlers with re­ in Terra Alta. It was indicated, however, handlers have substantial business in spect to pool plant qualifications opposed that his sales, both in and outside the these proposed areas, but they claim they changing the present percentage figures marketing area, have remained rela­ have lost business to unregulated for distributing plants, but did favor tively constant. Deletion of Kingwood handlers. basing these percentages on only re­ from the marketing area would expose Regulated handlers have only a minor ceipts of milk from producers, and the regulated handlers who now provide share of the fluid milk distributed in elimination of the 10-day limit on diver­ about 70 percent of the sales in King- Union Township and that part of Guern­ sion. One handler representative pro­ wood to the unregulated competition of sey County not already included in the posed that any plant which distributes the proponent and other handlers. marketing area. There are about 25 more than 600 pounds of milk per day It is concluded the proposal should be fluid distribution routes within this area, on routes in the marketing area should denied. and of these, 9 are operated by handlers be a pool plant. (b) Greater Wheeling marketing area.regulated under the Wheeling order. The qualifications for pool plants in The Greater Wheeling marketing area These additions to the marketing area these two orders are generally described should be expanded to include Monroe were opposed by two unregulated han­ within the definitions for "pool plant,” County, Ohio. The remainder of Guern­ dlers whose plants are located in Zanes­ “approved plant,” “distributing plant,” sey County, Ohio, and Union Township ville, Ohio, which is outside the proposed and “supply plant.” A pool plant is in Muskingum County, Ohio, should not area. These plants would become pool defined as meaning a “distributing plant” be added to the marketing area. plants if these proposed areas were or a “supply plant.” Some of the handlers under the Wheel­ added. Wheeling handler operations do The pool plant qualification require­ ing order proposed that Monroe County, not extend to the Zanesville market. ments now in the order have been de­ Ohio, be added to the marketing area. Dairy farmers who deliver to plants signed to include in the market-wide Such enlargement of the area was sup­ which might be brought under regula­ pool those plants which have a sub­ ported on the basis of uniformity of tion by such expansion of the area were stantial association with the market and health standards, and that the County not represented at the hearing. The whose business is primarily that of sup­ is largely served by Wheeling handlers. association representing the majority of plying fluid milk markets. For the Monroe County was not included in the producers in the Greater Wheeling mar­ months of July through March, a “dis­ marketing area at the time of the order’s ket opposed these additions to the area tributing plant” is defined as having 55 promulgation. The evidence at the origi­ because of problems involved in regu­ percent of its receipts of milk (from pro­ nal hearing on the proposed order was lated handlers with their principal busi­ ducers and in the form of fluid milk insufficient to justify its inclusion. ness elsewhere. products from other pool plants) dis­ Monroe County, which is contiguous to Although addition of the proposed tributed on routes inside or outside the the presently defined marketing area, areas would no doubt reduce the problem marketing area. A seasonally lower re­ had a population of 15,362, according to of competition for some regulated han­ quirement of 45 percent in the months the United States Census of 1950. Since dlers, it appears the same type of prob­ of April, May and June, reflects the this census, there has been a marked lem would be transferred to newly regu­ natural change in the level of a plant’s degree of industrial expansion within the lated handlers. utilization caused by a higher level of area. This industrialization of Monroe It is concluded that the remainder of production in spring and early summer. County and its concomitant population Guernsey County and Union Township A distributing pool plant must have 5 7318 PROPOSED RULE MAKING percent of such receipts distributed on qualification for pooling. Receipts from might have with respect to procurement routes in the marketing area. Non­ supply plants should be included in the and sales outside the marketing area is distributing plants may qualify as pool computation, however, since such- re­ removed with respect to sales within the plants in the months of September ceipts are the basis upon which the milk marketing area by reason of payments through January by shipping 55 percent in the supply plant becomes qualified for required to be made into a producer-set­ of their receipts of producer milk to dis­ inclusion in the equalization pool. Ad­ tlement fund. tributing plants. Such plants are called ditional receipts from other sources, The definition of “supply plant” should “supply plants.” Any .supply plant which such plant might use for manu­ be modified to include the type of plant meeting the requirements for the facturing, would not affect the value of which supplies market Class I needs both months of September through January producer milk in the pool, and would not through direct distribution and ship­ may continue as a pool plant through the be part of the computation. ments to pool distributing plants. To following August. The market is not The producer proposal to raise the per­ allow for this type of plant, the sales by now served by any supply plants. centage requirements for distributing distribution in the marketing area should The definition of “pool plant” should plants should not be adopted. Such a be added to the volume of shipments to take account of the variations in types change could cause difficulty for some other pool distributing plants in deter­ of plant operations. One special type plants which receive all their milk from mining whether 55 percent of the re­ of plant which must be considered is a dairy farmers, but with a percentage in ceipts of producer milk at such plant plant which has a substantial distribu­ Class I only slightly in excess of the cur­ during the months of September through tion of milk in the marketing area and rent minimum. Such a change is not January is used in serving the fluid receives its entire supply, or most of its necessary to assure the integrity of the market. supply, from a plant(s) regulated under pooling arrangement. The percentage The definitions of “distributing plant” another order. If this special type of figures should be the same as now in the and “supply plant” should be clarified plant is not regulated under any other order. by eliminating the term “receipts of pro­ order, it is necessary that it be regulated It is futher concluded that for distrib­ ducer milk” and substituting therefor in some manner under one of these uting plants receiving milk from qual­ “receipts from dairy farmers meeting • orders, so as to assure appropriate ac­ ified dairy farmers, the percentage of the inspection requirements specified in counting for all milk in such plant. Pool such receipts and receipts from supply the definition of ‘producer’.” plant qualification of distributing plants plants sold on routes should be the basis The order provisions which determine is not affected under present order pro­ of qualification for pooling such plants. whether or not a plant shall be included visions by receipts from other Federal The present order provisions base a in the pool for the respective market are order plants, since such receipts are not distributing plant’s connection with the related to the provisions affecting use included in the computation. This type market on the requirement that distri­ of other source milk by pool plants and of receipt is an important factor, how­ bution on routes in the marketing area sales of milk in the marketing area by ever, in market supply. On the other amount to at least 5 percept of receipts nonpool plants. On the basis of previous hand, receipts of milk from other pool from producers and fluid milk products hearing records, it has been found plants under the same order (Wheeling received from other pool plants. In view necessary to provide that certain pay­ or Clarksburg) do affect pool plant of the aforementioned possible varia­ ments into the market pool be made on qualification. tions in the make-up of a plant’s receipts, such other source milk. For these rea­ Another type is a plant which fails to a better measure of connection with the sons, proposals with respect to compensa­ meet the pool qualifications either as a market would be the proportion of the tory payments on other source milk are distributing plant or supply plant, al­ plant’s total route sales which are in the considered in connection with the evi­ though most of the milk it handles is marketing area. It is concluded that a dence on pool plant qualifications. accounted for either as route distribu­ pool distributing plant should have 5 per­ A handler representative proposed the tion or shipments to other pool plants. cent of its route sales in the marketing deletion of the order provisions which The problem of handling seasonal sur­ area. set aside the requirement of compensa­ pluses of producer milk is also affected It is possible that some plants with tory payments on other source milk in by the pool plant definition. One substantial distribution business in the any month in which total deliveries by handler pointed out that he was limited marketing areas may not receive any milk producers are less than 110 percent of as to the extent to which he could ac­ from qualified dairy farmers. Such all handlers’ Class I sales. The witness commodate other handlers in processing plants may obtain their supply from pool supported this proposal for the Clarks­ their surplus producer milk, because if plants under the orders for the market burg market on the basis that handlers he received a volume of milk from other in which they sell, from plants Under do not attempt to maintain a full supply pool plants such that he would make full other orders, or from plants which do for year around needs even if additional use of his manufacturing facilities, his not qualify as pool plants under any producers are available, but prefer to de­ percentage for route distribution would order. Under present provisions of either pend upon other source milk to supple­ fall below thè minimum required for pool order, if such plants sell on routes in the ment their supply of producer milk. As plants. marketing area an amount of milk equal a result, producer milk could be less than A pool plant definition for distributing to or exceeding 5 percent of their re­ 110 percent of handlers’ Class I sales, plants should not* ordinarily include ceipts from pool plants, they then qualify although the supply situation is not plants primarily in the business of manu­ as pool plants. For purposes of uni­ fundamentally so short that handlers facturing milk products, because pooling formity and effectiveness of the applica­ should be excused from compensatory such operations will dilute the returns to tion of regulation, it is necessary that payments. producers for Class I milk. Such an oc­ such plants continue to be regulated as However, while such a condition con­ currence would interfere with the func­ pool plants, with the modification, how­ ceivably could exist, the record did not tion of the Class I price which is to pro­ ever, that the 5 percent be the minimum indicate that any handlers are purchas­ vide the incentive for producers to supply proportion of their Class I route sales ing significant volumes of nonregulated the fluid market. which are in the marketing area. other source milk. Nor is there evidence The objective of preventing dissipation The proposal to include in the pool that handlers are unwilling to receive of returns from Class I sales to milk any plant which distributes in the mar­ additional supplies of -milk from dairy produced for manufacturing, may be keting area more than 600 pounds of farmers who are desirous of shipping to achieved in these markets by basing the milk per day would bring under regula­ the Clarksburg market. It is therefore definition of “distributing plant” upon tion any plant, however large its business concluded that this proposal should be the percentage of receipts from qual­ outside the area, which had such a vol­ denied. ified dairy farmers and supply plants ume of business inside the area. Such a 'From time to time, some plants may sold on routes. Such a definition is method of regulation appears to be un­ qualify as pool plants under more than adopted. Under this provision, the necessary to achieve effective regulation one Federal order. The provisions in volume a distributing plant receives from in view of other provisions, particularly the Wheeling and Clarksburg orders other distributing plants, which have in view of the pool plant requirements which exempt such plants from regula­ similarly met the percentage require­ previously discussed. Furthermore, any tion as pool plants should be revised for ment, would not affect such a plant’s advantage which a nonpool handler clarification, as described in the ap- Friday, September IS, 1957 FEDERAL REGISTER 7319 A plicable provisions, and to provide, for by a representative of some producers in every month because the Wheeling determination by the Secretary, as to the in the Clarksburg area, requested that and Clarksburg markets use the Cleve­ order which should regulate when a the Class I price for that area be 45 cents land supply-demand adjustment but plant is eligible for regulation under higher than the present price for the apply it one month later. The Clarks­ more than one order. months of August through February, and burg price is 25 cents over the Wheeling The producer request for specific pro­ that this level of prices be used in every price. These intermarket price relation­ vision with respect to “diversion” of month without seasonal changes. A pro­ ships are maintained season by season. producers between pool plants should posal was also made for both markets The seasonally lower level of the Wheel­ be dealt with in terms of transfers of which would modify the supply-demand ing market Class I differential, $1.50, ap­ milk between plants. For this purpose, adjustment so as to give some effect to plies in the months of February through language should be included in the pro­ the combined supply-sales relationship July which is the same as the period of visions dealing with classification of in the two markets, rather than depend­ seasonally lower price levels of the Cleve­ transfers, to indicate that transfers ing entirely on the similar relationship land and Akron-Stark County markets. made by direct movement from the pro­ in the Cleveland and Akron-Stark In other months, the Class I price dif­ ducer’s farm to the transferee plant for County markets as now provided in these ferential is $1.95. the account of the transferor plant, orders. -The price differentials between these shall be classified in the same manner The proposals to increase the level* of and the other Federal order markets as milk transferred as bulk shipments. the Class I prices in these markets were within the region generally offset the Handlers who cause milk to be moved in based largely on the increases in costs cost of moving milk from the other mar­ this manner to another handler’s plant of production experienced by dairy kets to Wheeling or Clarksburg. The should be responsible, under the orders, farmers and the low margin by which fact that milk continues to move from for reporting the receipt and disposition supplies of producer milk cover Class I the other markets into these markets is of such milk, and should be responsible sales in some months. It was indicated an indication that these price differen­ for payment of the producer whose milk in this connection that some handlers tials are sufficient to cover the cost. Any is so moved. Location differentials with have had to supplement their producer increase in the general level of Class I respect to such milk should be applied milk supplies with milk from other prices in Wheeling and Clarksburg would at the point where the milk is physically sources to meet Class I needs. give an added incentive for handlers in received at a handler’s plant although The supply situation for both the the other markets to sell milk in these such receipt, for other purposes, may be Wheeling and Clarksburg markets is af­ markets.' reported at the plant from which the fected by the supply and demand situa­ The supply of producer milk in some transfer is made. tions in neighboring markets. This is months exceeds Class I sales of pool 3. Producer diversion to nonpool particularly true with respect to the plants by only a small margin. In the plants. No change should be made in Cleveland and Akron-Stark County mar­ shortest months, this margin may be as the provisions affecting diversion of pro­ kets, because handlers in those markets low as 5 to 7 percent. However, this ducers to nonpool plants, except in the distribute milk directly in the Greater supply-sales relationship cannot be con­ case where such nonpool plant is regu­ Wheeling marketing area. Almost 10 sidered independently from the supply lated pursuant to another order. million pounds of Class I milk, represent­ situations in neighboring markets. As A proposal was made by producers to ing more than 10 percent of the total mentioned elsewhere in this decision, delete the limitation to ten days of any Class I sales in the market, were dis­ many of the handlers do not have ade­ one month during the months of August- tributed directly in the Wheeling market quate facilities for processing into manu­ Pebruary for diversion of a producer to during 1956 by handlers regulated under factured products regular and seasonal a nonpool plant. This proposal was these other orders. It may be recognized supply reserves. In this situation, there made conditional upon adoption of a that recent changes in the operations of is a tendnecy for such handlers to carry proposed increase in percentage of utili­ one of the handlers,1 in this connection, a relatively short supply in relation to zation requirement in the “distributing could result in a lesser volume of Cleve­ their Class I sales and also a tendency plant” definition. The latter proposal land and Akron-Stark County milk in to depend on the larger neighboring is not adopted herein. the Wheeling market in 1957, but never­ markets f o r supplemental supplies. Handlers also favored deletion of the theless, the direct distribution by other Consequently, in these particular mar­ ten-day limit on diversion in the months order handlers may be expected to con­ kets, the percentage of producer milk mentioned. tinue to be a substantial portion of all classified as Class I does not accurately The definition of “producer” in the sales. portray the whole supply-sales relation­ order allows diversion of a producer any With respect to the Clarksburg area,, ship for the market. day during the months of March through an important intermarket relationship In these circumstances, it is necessary July, and not more than ten days in is established by the fact that a substan­ to judge the appropriateness of the level any other month. Such a limit is needed tial volume of the distribution is from a of Class I prices in the light of the price to establish a producer’s substantial as­ Wheeling order pool plant. Some Tri- in effect in nearby Federal orders. This sociation with the market in the months State order milk is also sold in the situation is, in fact, recognized in the when the supply-sales relationship is Clarksburg market. use of the Cleveland supply and demand closest. The present allowance for di­ The dependency of the Wheeling and adjustment for these markets. version is ample. The proposal is Clarksburg handlers upon supplies from Prices in these markets should con­ denied. the other markets mentioned is further tinue to be related closely to the prices It is possible that a nonpool plant may shown both by purchases on a regular in other major neighboring markets. It be a plant regulated under another or­ basis and occasional purchases to supple­ is concluded that .the Class I prices in der. In this case, the regular diversion ment producer milk in months of short the Wheeling and Clarksburg markets provision contained in the definition of supply. should not be increased under present “producer” should not apply, and the The principal non-Federal order mar­ conditions. dairy farmer should not be considered ket which competes for supplies in the Many of the considerations decided to be a producer with respect to milk so same areas as the Wheeling and Clarks­ with respect to the general level of Class delivered to a plant under another or­ burg markets is the Pittsburgh market. I prices in the Wheeling and Clarksburg der. This will avoid conflict in regula­ The supply areas also overlap with the markets also bear on the proposal to' tions between the two orders. Youngstown market. change the supply-demand adjustment. 4. Class I price. No change should be Class I prices under the Wheeling and The producer proposal would allow for made in the Class I price formulas or in Clarksburg orders are established in a continued use of the Cleveland supply- the supply-demand adjustments used in manner which maintains a close rela­ demand adjustment except when pro­ the Wheeling and Clarksburg orders. tionship with prices in the Cleveland and ducer milk in the two markets is less A proposal was made by a producer Akron-Stark County markets. The than 115 percent of producer milk in association that the Class I prices in both Wheeling price is 10 cents higher than Class I, or more than 145 percent of the Wheeling and Clarksburg markets the Cleveland price and 15 cents higher producer milk in Class I. Under the be increased 35 cents per hundredweight than the Akron-Stark County price. proposal, 3 cents per hundredweight in each month. Another proposal, made This exact relationship is not maintained would be added to the Class I price for 7320 PROPOSED RULE MAKING

each percent that producer deliveries are factor in April and by order amendment a year around basis in the manufacture less than 115 percent of producer milk for May and June 1956. of cottage cheese. Some handlers in both in Class I and conversely, 3 cents per Producers proposed that the Wheeling markets have regular ice cream manu­ hundredweight would be subtracted for and Clarksburg orders be amended to facturing operations. The manufacture each percent that producer milk exceeds provide regular seasonal changes in the of butter also represents a lesser but rela­ 145 percent of producer milk classified Class II price formulas without .any con­ tively stable year around disposition of as Class I. tingency features depending on the sup­ producer butterfat. The volume of milk The producer proposal would have re­ ply-demand adjustment. They re­ in these various Class II items through­ sulted in plus price adjustments several quested, however, that the annual out the year indicates that they are part months in which the supply-demand-ad­ average level of the price should be main­ of the continuous, regular business of justment borrowed from the Cleveland tained at the average level of the basic some of the handlers in these markets. order would have been negative. On formula price. The general basis given The proposals for seasonal reductions the basis of the preceding findings and for this proposal was that there is a in the Class II price formula related conclusions, such a widening in the in­ need for seasonal reduction of prices in particularly to the April, May and June termarket differentials is not necessary the high production months of the spring quarter. For the Wheeling market, the to assure an adequate supply for the so as to facilitate orderly marketing of percentages of producer milk reported in Wheeling and Clarksburg markets. producer milk, and that maintenance of Class II in these months of 1956 were Furthermore, such a widening of inter­ the average annual level is necessary to 17.8, 27.7, 25.0 percent, respectively. In market differentials would give Wheeling return full value of milk to producers. the Clarksburg market, the correspond­ and Clarksburg handlers an incentive to Handler witnesses requested that a 20- ing percentages were 7.6, 21.4, and 20.6 carry an even shorter supply of producer cent reduction during the months of percent. The lowest percent of Class II milk and depend to a greater extent for April, May and June be a regular part of in any month of 1956 was, for Wheeling, reserves on supplies in other markets. the Class II price formula, and that no about 11.0 percent in January, and for An additional difficulty in using the type compensating amount be added during Clarksburg, 4.8 percent in March. of supply-demand adjustment proposed other months of the year. Handlers Other source milk used by Wheeling is that the volume of producer milk maintained that the return obtainable handlers in manufacturing operations classified as Class I does not give an ade­ in marketing the seasonal surplus during also shows a seasonal pattern. The quate indication of the volume of Class this three-month period is considerably approximate volumes of. other source I sales by all handlers operating in these below the basic formula price level. milk classified as Class II during the markets. It is concluded that the pres­ The objectives in establishing prices several calendar quarters of 1956 were ent arrangement under which the Wheel­ for reserve and surplus producer milk; as follows: 0,7 million pounds for Jan- ing and Clarksburg Class I prices are under order regulation are related to uary-March, 2.8 million pounds for adjusted by the supply-demand adjust­ the problem of establishing appropriate April-June, 2.5 million pounds for July- ment effective in the previous month in prices for Class I milk. If the price for September, and 1.8 million pounds for' the Cleveland and Akron-Stark County milk in Class II is set at too low a level, October-December. Fyom this analysis markets should be continued. That the handling of milk for manufacture it is apparent that at least for some supply-demand adjustment is based on will become, in itself, an attractive busi­ handlers plant capacity is not a problem the combined supply-sales relationship' ness such that handlers will be en­ in disposing of producer milk in Class H under the Cleveland and Akron-Stark couraged to develop supplies solely for uses. County orders. manufacturing. Particularly in a mar­ Handlers contended that without the 5. Class II price. The Class II priceket-wide pool, this could result in a 20-cent deduction during the months of in all months should be the basic formula general increase of handlers’ supplies, April, May and June, the Class II price price. and also in the entrance into the market would be unduly high in relation to The Class II prices under the Wheeling of new plants to take advantage of this prices paid by nearby unregulated manu­ and Clarksburg orders are calculated by situation. The effect of these develop­ facturing plants. The only paying identical formulas. In each market, the ments which could take place over a prices of an unregulated plant entered Class II price is the basic formula price, period of time would be to dissipate the in the record, however, were prices paid subject to the exception, however, for higher value contributed to the market­ by United Dairies at Barnesville, Ohio. the months of April, May and June, that wide pool by Class I sales. Inasmuch as This plant, from time to time, has served this formula is reduced 20 cents per the Class I price is designed to attract as a principal outlet for producer Class hundredweight if the supply-demand ad­ an adequate but not excessive market II milk. For the months of November justment affecting the Class I price is supply of milk for fluid use, such develop­ 1955 through March 1956, the prices at negative. Aside from this exception, the ment of supplies in excess of ordinary this plant were lower than the order Class II price is thus the highest of three reserve requirements of handlers tends Class H price by 6 to 16 cents per hun­ alternative values for manufacturing to defeat this purpose. dredweight. For. the months of April, milk: the average of the paying prices Handlers normally carry a supply May and June 1956, when the 20-cent of Mid-west condenseries, a butter- which includes some reserve over the deduction was effective in the Class II powder formula, and a butter-cheese actual volume of Class I sales to allow for price formula, the Barnesville plant’s formula. variations in production and sales. The prices were 3 to 4 cents lower than the The Class II price formulas in these Class II price should be established at order price. In the months of November orders result in the same level of prices a level low enough to allow for the orderly 1956 through February 1957, however, for surplus producer milk as in the disposition of such reserve milk in manu­ the prices at the Barnesville plant were nearby Federal order markets of Cleve­ facturing uses, but should not be so low 2 to 7 cents higher than the order price. land and.Akron-Stark County, except for as to encourage handlers to develop ex­ The dependency of changes in the the possibility of the 20-cent deduction cessive supplies for manufacturing pur­ Class II price upon the supply-demand in these markets in the April-June poses, as explained previously. factor is no longer desirable. Uncer­ period, and the 30-cent higher price for The volume of Class II producer milk tainty as to the outcome of such a re­ milk used in cottage cheese in the Cleve-. and other source fluid milk products used lationship could occur at times when it land and Akron-Stark County orders. for manufacturing by Wheeling handlers would be difficult to make timely changes The Cleveland and Akron-Stark County in 1956 was approximately 34% million if such changes were needed. Also, orders do not contain the butter-cheese pounds, of which about 26.4 million changes in the supply-demand adjust­ formula as do the Wheeling and Clarks­ ment, which is based on data for pre­ burg orders, but the butter-cheese pounds was producer milk and the re­ mainder was accounted for as other ceding months in Cleveland and Akron- formula has consistently been the lower Stark County areas, may depend on a of the three alternatives and, thus, has* source milk. In the Clarksburg market, the volume of Class II milk reported by range of circumstances not directly re­ not been effective in establishing prices.. • lated to the appropriate level of the For the months of April, May and handlers for the year 1956 was 8.7 million Class II price for the Wheeling and June 1956, the 20-cent per hundred­ pounds, of which producer milk ac­ Clarksburg markets. weight deduction was effective in the counted for about 7.5 million pounds and Producers’ contention for increase in Wheeling and Clarksburg markets be­ other source milk for the remainder. the Class II formula price in months cause of a negative supply-demand Handlers in both markets used milk on other than April, May and Jun e would Friday, September IS, 1957 FEDERAL REGISTER 7321 result in prices higher than the basic tain Class II products. In such circum­ there would have been a very small per­ form ula price. The basic formula price stances, this butterfat will be classified centage of producer milk in the excess Is th e highest of three representative as Class II utilization. If a handler ac­ category in February and August if values for milk in manufacturing uses. counts for butterfat in route returns as bases had been effective in these months. It w as not shown by proponents that a loss, such loss is classified pursuant to Consequently, there would have been special health requirements apply to any the provisions applicable to shrinkage or very little difference between the base of handlers’ regular Class II uses. Under unaccounted for milk. Classification of and excess prices. From this, it is ap­ these circumstances, there is no basis for actual shrinkage of producer milk in parent that adding the months of Feb­ establishing a price for Class II milk in Class II up to 2 percent of such receipts ruary and August to the base effective these months higher than the basic is allowed in the order. Such a limit has period would not be of any consequence form ula price. been found to be reasonable. Such a in furthering »the purpose of the base The proposals for a seasonal reduction limitation serves to prevent advantage to plan to even out the seasonal variations In the Class II price are also denied. handlers who fail to keep full and accu­ in production. Also, under the proposal, The Wheeling and Clarksburg markets rate records. September would be the only month of are not subject to relatively large and Another handler proposal would es­ the year in which a farmer could come burdensome amounts of surplus milk in tablish a special price 10 percent higher on the market as a new producer and the months of April, May and June. In than the Class II price for skim milk earn a full base without going through fact, handlers, collectively, continue to equivalent of nonfat solids used to for­ a period in which he receives only an import other source milk for manufac­ tify fluid milk products. excess price or payment on a base less turing in these months. In addition, Nonfat solids used to fortify Class I than he would normally earn. Such a the prices paid at a local manufacturing products are classified under the order base plan does not appear suitable for plant for ungraded milk, at least in as Class I milk at the volume of the fluid a market which experiences a relatively months immediately prior to the hear­ skim milk used in the manufacture of short supply during several fall and win­ ing, approximated basic formula prices. the added solids. The witness present­ ter months. This proposal is denied. The problem of surplus disposal expe­ ing the proposal conceded that the appli­ A handler in the Clarksburg area pro­ rienced by those handlers without suffi­ cable health department requires that posed that the months of January and cient facilities to manufacture the sea­ the nonfat solids be from Grade A milk. February be added to the base earning sonal surplus of their producers should The value of each pound of nonfat months. The handler claimed that pro­ be relieved as a result of the recom­ milk solids utilized by addition to, or as, ducers are freshening cows early in the mended order provision whereby pooled a Class I product has a value to the base-forming period and, consequently, distributing plants will not include re­ handler the same as every other pound their deliveries fell off in the months of ceipts from other pooled distributing contained therein. Neither the form in January and February as compared to plants in determining fluid qualification which, nor the source from which, such the preceding months. percentages. solids are obtained alter their value to Deliveries per day per dairy in the It is therefore concluded that the Class the handler for this purpose and they Clarksburg area were higher in January II price in all months should be the may not be distinguished on the 'basis of and February 1956 than in December basic formula price. cost of production, need for regular sup­ 1955, and similarly that production per The proposal to reduce the Class n plies, sanitary requirements, seasonality day per dairy in January and February butterfat differential, made by certain of production, or value to consumers. 1957 was at practically the same level as Clarksburg area handlers, is denied. In. Since the Class I price provisions are in December 1956. The rate of produc­ view of the conclusion contained in this designed to encourage producers to de­ tion in these two months was higher than decision relative to Class II pricing, there liver an adequate and dependable supply in some other months in the base earn­ is no basis for further consideration of a of milk in all seasons, the returns to pro­ ing period. In view of the relatively reduction in the general level of Class II ducers for one portion of Class I milk short history of the base plan under this milk values. The Class II butterfat dif­ should not be reduced below the level of order it is not clear yet whether such a ferential per one-tenth of a percent of the remaining portion disposed of in such later base earning period would benefit butterfat is 0.115 times the wholesale class. The proposal for a lesser value, the market. No modification of the base price per pound of butter. This value is therefore, is denied. earning period should be made at this not excessive for butterfat in Grade A 7. Base-excess plan. No changetime. milk used for manufacturing”purposes. should be made in the base earning or The proposal was made by a producers’ 6. Classification. No change should bebase effective months under these orders. association which would allow a producer made in the classification of butterfat Provisions should be made so that bases whose production is interrupted by dumped or used for livestock feed. No may be assigned to producers deliver­ causes beyond his control to earn a full change should be made in the methocf of ing to plants which become pool plants base. The types of disaster which might classifying and accounting for nonfat after the beginning of the base-forming interrupt production and would come solids used to fortify fluid milk products. period. The definition of “base milk” within the meaning of the special pro­ Certain handlers under the Clarksburg should be clarified. visions were described as animal diseases, order proposed that Class n classifica­ Under the Wheeling and Clarksburg destruction of crops and bams after the tion should be allowed for butterfat orders, the base for each producer is harvest period, enforced retirement, and dumped or disposed of in livestock feed. calculated by dividing the total pounds entrance into the military service. Such usage was described as resulting of milk received from such producer at Under, the proposal, if a producer’s de­ when certain types of route returns con­ pool plants during the preceding months liveries were interrupted for these rea­ tain butterfat not readily separable for of September through December by the sons, the number of days of interruption use in other milk products. number of days from the first day of would not be included in computing his The provisions of the orders affecting delivery to the last day of September, base. classification of such butterfat operate but not less than 90 days. Such bases Such a provision would be difficult to uniformly with respect to all handlers. are effective for the months of March administer, since it would require the Accordingly, the order provisions do not through July, following. administrative agency to make deter­ operate to the disadvantage of one han­ Various proposals were made to change minations upon matters which are diffi­ dler compared to another, and are equi­ the months in which producers earn cult to define in a manner to cover all table. The amount of butterfat in route their base and the months in which bases circumstances and relate to production returns depends on the success of the apply. A proposal made by the coop­ conditions rather than the marketing of handler in coordinating the volumes of erative association representing a ma­ milk after it leaves the farm. The order jnilk products bottled with the volumes jority of producers in the market would he can sell. Change of order provisions include the months of February and presently allows producers to compute a id the manner proposed would tend to August in the period when bases are full base on a minimum of 90 days’ ship­ shift the burden of any inefficiency in effective. ments. In effect, this allows a producer “us matter from handlers to producers. During the period in which the orders to interrupt deliveries during the base- Handlers may utilize butterfat from have been effective in these markets, the forming period and earn a full base. route returns in the manufacture of cer­ level of production has been such that This proposal is denied. 7322 PROPOSED RULE MAKING

The base rules allow a producer to Producers also proposed that the pro­ of fluid milk products for fluid consump. transfer his base to another person. visions which apply to the location dif­ tion, should be Class II milk.” These rules therefore allow for transfers ferential to producers should be amended (b) In the sections of the Wheeling of base in the case of any involuntary to eliminate the application of the ad­ and Clarksburg orders which define the withdrawal from the dairy business. justment to producer milk allocated to computation of the uniform price, refer­ A handler proposed that producers Class II, and to excess milk in the base­ ence to location differentials should be who come on the market during the base­ paying months. § 1002.74 and § 1009.74, respectively, in paying months should be allowed the The order provides location differen­ § 1009.5 of the Clarksburg order which base price on some of their milk. His tials which apply to the Class I prices defines the marketing area, “the City of proposal appears to be that such a new charged to handlers. These reflect rep­ Weston” in Lewis County is correct producer should be given, a base such resentative- costs of transporting whole instead of “the City of Western”. that the proportion of his deliveries paid milk from outlying points to the market. (c) The designation of East Liverpool for at the base price would be 60 percent No location differential applies to Class in the definition of the Greater Wheeling as much as a proportion for the market II use of handlers. With respect to pay­ marketing area should be corrected. average. This proposal was offered so ments to producers, the uniform price is (d) The allocation provisions, as they that producers could come on the market adjusted for location at the same rate apply to receipts from plants regulated in fall and winter months when the mar­ as the Class I price. under the terms of another Federal order, ket most needs additional supplies, after No plants now supplying the market should be clarified. It is concluded that it is too late to earn a full base, and be are receiving producer milk to which the use of identical language in both assured of at least a partial base. One location differentials apply. orders’ will facilitate their administration handler testified also that in March he The value of milk for fluid use when and remove any possibility of misunder­ needed additional milk but could not it is delivered by farmers to plants lo­ standing: take on new producers because they cated some distance from the market is General findings, (a) The proposed would receive only the excess price for affected by the cost of transporting marketing agreements and the orders as their entire deliveries. whole milk to market. Accordingly, the hereby proposed to be amended, and all Under the order, the base earning per­ uniform prices paid producers should of the terms and conditions thereof, will iod is September through December, but reflect such variations in the value of tend to effectuate the declared policy of a producer may enter the market on the milk at point of delivery at a distance the Act; third day of October and earn a full hase from the marketing area in contrast to (b) The parity prices of milk as de­ equal to his average deliveries during its value when delivered to the marketing termined pursuant to section 2 of the the October-December period. A pro­ area. Act are not reasonable in view of the ducer who enters the market later than During base-paying months in these price of feeds, available supplies of feeds this is given a base which is less than markets, some excess milk is generally and other economic conditions which af­ average deliveries because the smallest used in Class I. In these circumstances, fect market supply and demand for milk divisor is 90 days. The proposal to allow it would be inappropriate for excess in the marketing areas, respectively, and a producer some portion of his milk as milk to be unaffected by location differ­ the minimum prices specified in the pro­ base milk although he enters the market entials. posed marketing agreements and the too late to earn a full base, has some In the case of milk caused by a han­ orders, as hereby proposed to be amend­ merit in that it would help handlers to dler to be delivered to the pool plant of ed, are such prices as will reflect the obtain supplies of producer milk in the another handler, location differentials aforesaid factors, insure a sufficient short season. However, insufficient evi­ on such milk should apply at the plant quantity of pure and wholesome milk, dence was adduced at the hearing to de­ of the second handler, although for pur­ and be in the public interest; and termine if the type' of base allowance poses of classification and calculation of (c) The proposed orders, as hereby proposed by the handler would dilute the pool plant qualification such milk may be proposed to be amènded, will regulate the base price to an extent which would be treated as if received and handled by the handling of milk in the same manner as, inequitable to producers who earn a full first handler. The order provisions and will be applicable only to persons in base, or would impair the effectiveness should be clarified to indicate the point the respective classes of industrial and of the base plan. The proposal should at which location differentials apply in commercial activity specified in, market­ be denied at this time. the case of Such receipts, and also for ing agreements upon which a hearing has Prom time to time, there are changes diverted milk. This will recognize the been held. in plants associated with a market. necessity to relate location allowances Rulings on proposed findings and con­ Some provision should be made in the to the point of actual physical receipt. clusions. Briefs were filed which con­ order for assigning bases to producers The volume of milk to which the Class tained statements of fact, proposed find­ delivering to a plant which enters the I location differential applies should be ings and conclusions, and arguments market after the beginning of the base clarified by indicating that it applies to with respect to the provisions of the pro­ earning period. Such producers should a volume of Class I disposition from the posed amendments. Every point covered be assigned an earned base computed plant Which does not exceed producer in the briefs was carefully considered from the records of the deliveries to such milk receipts, such Class I disposition in along with the evidence in the record plant to the extent that such records the case of transfers to be determined by in making the findings and reaching the are available for the base earning period. the same allocation procedure as now set conclusions hereinbefore set forth. To The definition of “base milk” should forth in the orders. the extent that the findings and conclu­ be clarified so that it applies to the num­ 9. Clarification, (a) The classifica­sions proposed in the briefs are incon­ ber of days of milk production delivered tion provisions of the Wheeling and sistent with the findings and conclusions in the month rather than the number of »Clarksburg orders should be amended to contained herein, the request to make days on which such milk is delivered. classify specifically as Class II that skim such findings or to reach such conclu­ This will accommodate instances where milk and butterfat which is disposed of sions is denied on the basis of the facts producers regularly deliver on every in bulk to commercial manufacturers, found and stated in connection with the other day. other than dairy plants, which do not conclusions in this recommended 8. Location differentials. No changedispose of fluid milk products. The pres­ decision. should be made in the location differen­ ent provisions provide for Class I classi­ Recommended marketing agreements tial provisions of either the Wheeling or fication of such disposition. and amendments to the orders. The fol­ Clarksburg order except to clarify the It was within the intent of the Secre­ lowing orders amending the orders, regu­ provisions. tary in the decision relative to these lating the handling of milk in the Producers were primarily concerned orders issued September 6, 1955, that Greater Wheeling, West Virginia, and with the necessity for an additional bas­ skim milk and butterfat so disposed of Clarksburg, West Virginia, marketing ing point for location differentials if the should be classified as Class n . This areas are recommended as the detailed marketing area should be expanded to decision said, in part, “skim milk and and appropriate means by which the include all of Guernsey County. This butterfat disposed of to commercial food foregoing conclusions may be carried expansion proposal is denied in another product manufacturing plants, other out. The recommended marketing part of this decision. than dairy plants, which do not dispose agreements are not included in this de* Friday, September 13, 1957 FEDERAL REGISTER 7323 cisión because the regulatory provisions that such plant not be a pool plant be­ other handler, but not including trans­ thereof would be identical with those ginning in the month following the date fers to a producer-handler) in the* form contained in the orders, and orders as of such request. of fluid milk products shall, to the extent hereby proposed to be further amended. required, be classified so as to result in 5. Delete § 1002.10 and substitute the maximum assignment of the pro­ Order Amending the Order, as Amended, therefor the following: ducer milk of both handlers to Class I Regulating the Handling of Milk in § 1002.10 Pool plant. “Pool plant” milk.” -' the Greater Wheeling, West Virginia, means: 11. Delete that part of § 1002.45 (a) Marketing Area (a) A distributing plant; (3) which precedes the proviso and sub­ 1. Delete § 1002.5 and substitute there­ (b) A supply plant; or. stitute therefor the following: “(3) Sub­ for the following: (c) An approved plant which'receives tract from the pounds of skim milk re­ no milk from dairy farmers and from maining in Class n milk the pounds of § 1002.5- Greater Wheeling marketing which Class I milk equal to not less than skim milk in fluid milk products received area. “Greater Wheeling marketing 5 percent of milk disposed of during the from plants regulated under another area”, hereinafter called the “marketing month on routes (including disposal área”, means all territory included with­ order(s) issued pursuant to the act and in the boundaries of (a) Jefferson, Bel­ through plant stores or by vending classified a&jClass I pursuant to such mont and Monroe counties, Ohio, (b) machines) to retail or wholesale outlets other order(s):”. Hancock, Brooke, Ohio, and Marshall (excluding pool plants), is so disposed of 12. Delete § 1002.51 (a) and (b) and counties, West Virginia, (c) East Liver­ in the marketing area. substitute therefor the following: pool, St. Clair, Wellsville, Yellow Creek, 6. Delete § 1002.19 and substitute (a) Class I milk price. The Class I Madison, and Washington townships in therefor the following: milk price shall be the basic formula Columbiana County, Ohio, and (d) Lon­ § 1002.19 Base milk. “Base milk” price (computed pursuant to § 1002.50) donderry, Oxford and Millwood town­ means milk received at pool plants from for the preceding month plus the follow­ ships in Guernsey County, Ohio. a producer during any of the months of ing amount for the month indicated: 2. In the proviso in § 1002.6, after the March through July which is not in ex­ Month Amount words “nonpool plant”, insert the fol­ cess of such producer’s daily average base February, March, April, lowing: “(except a nonpool plant at computed pursuant to § 1002.90 multi­ May, June, and July------$1. 50 which the handling of milk is subject plied by the number of days of milk pro­ All others______1. 95 to the classification and pricing provi­ duction delivered hi such month. Provided, That this Class I price shall be sions of another order)”. 7. In § 1002.30 (a), add subparagraph increased or decreased by the amount of 3. Delete § 1002.8 and substitute there­ (5) as follows: any “supply-demand adjustment” effec­ for the following: tive in the calculation of the Class I price (5) Milk caused to be moved from a § 1002.8 Distributing plant. “Dis­ for the preceding month under the terms tributing plant” means an approved producer’s farm to a plant of another of the order, as amended, regulating the plant which meets the conditions of handler. handling of milk in the Cleveland, Ohio, both paragraphs (a) and (b) of this 8. Delete § 1002.40 and substitute marketing area (Order No. 75, Part 975 section: therefor the following: of this chapter); and (b) Class II milk price. The Class n (a) Not less than the required per­ § 1002.40 Skim milk and butterfat centage (as specified herein) of the vol­ milk price shall be the basic formula to be classified. The skim milk and price computed pursuant to § 1002.50. ume of milk received thereat from dairy butterfat to be reported pursuant to farmers who meet the inspection re­ § 1002.30 (a) shall be classified each 13. Delete § 1002.53 and substitute quirements pursuant to § 1002.6 and month pursuant to. ¿the provisions of therefor the following: fluid milk products from supply plants pursuant to § 1002.9, is disposed of dur­ §§ 1002.41 through 1002.45. § 1002.53 Location differentials to ing the month on routes (including dis­ 9. Delete § 1002.41 (b) and substitute handlers. For milk disposed of from a posal through plant stores or by vending therefor the following: pool plant located 60 miles or more from the city halls of Wheeling, West Virginia, machines) to wholesale or retail outlets (b) Class II milk. Class II milk shall (except pool plants), such required per­ East Liverpool, Ohio, or Steubenville, be all skim milk and butterfat: (1) Used Ohio, whichever is nearest by shortest centages being 45 percent in April, May to produce any product other than a fluid and June, and 55 percent in Other hard-surfaced highway distance as de­ milk product; (2) contained in inven­ termined by the market administrator, months; and tories of fluid milk products on hand at (b) Not less than 5 percent of such as Class I milk pursuant to paragraphs the end of the month; (3) disposed of in (a) and (b) of this section, but not to disposition on routes as described in bulk to any manufacturer of candy, soup paragraph (a) of this section is to whole­ exceed producer milk received at such or bakery products who does not dispose plant (including milk diverted therefrom sale or retail outlets (except pool plants) of milk in fluid form; (4) disposed of as in the marketing area. to nonpool plants), the price specified in skim milk and used for livestock feed or § 1002.51 (a) shall be reduced at the 4. Delete § 1002.9 and substitute there­ skim milk dumped subject to prior noti­ rate set forth in the following schedule for the. following: fication to and inspection (at his discre­ according to the location specified in § 1002.9 Supply plant. “Supply tion) by the market administrator; and paragraph (c) of this section: (5) in shrinkage not to exceed 2 percent, plant” means: During any of the months Distance from the city hall of September through January, inclu­ respectively, of the skim milk and butter­ of Wheeling, W. Va., sive, an approved plant from which, dur­ fat contained in producer milk (except East Liverpool or Steu- Rate per ing the month, fluid milk products equal that diverted pursuant to § 1002.6) and benville, Ohio, which- hundredweight to not less than 55 percent of its receipts other source milk: Provided, That if ever is nearest (m iles): (cents) from dairy farmers who meet the in­ shrinkage of skim milk or butterfat is 60 but not more than 70------15. 0 spection requirements pursuant to less than such 2 percent it shall be 70 but not more than 80------__16. 5 assigned pro rata to the skim milk or 80 but not more than 90______- 18. 0 § 1002.6 are shipped during the month For each additional 10 miles or to distributing plants or disposed of on butterfat contained in producer milk fraction thefeof an additional__ - 1.0 routes (including disposal through plant (except that diverted pursuant to stores or by vending machines) to whole­ § 1002.6) and other source milk, re­ (a) In the case'of fluid milk products sale or retail outlets (excluding pool spectively. which are moved from the pool plant to another pool plant, assign to Class I plants) in the marketing area: Pro­ 10. Delete the first sentence of § 1002.- vided, That if a plant qualifies as a sup­ milk for the purposes of this section, ply plant pursuant to this section in 43 (a) and substitute therefor the that portion of the milk moved which each of the months of September, Oc­ following: “ (a) Skim milk and butter­ remains after assigning such milk to the tober, November, December, and Janu­ fat transferred to a pool plant of another quantity of Class II milk in the trans­ ary, such plant shall be a pool plant handler (including that which the han­ feree plant as determined by the calcu­ Until the end of the following August, dler causes to be delivered from a pro­ lations prescribed in § 1002.45 (a) (1) unless the„ operator requests in writing ducer’s farm to the pool plant of the through (4), and the comparable steps No. 178------4 7324 PROPOSED RULE MAKING

in § 1002.45 (b) for the transferee plant, § 1002.63 Milk caused by a handler to plants during the months of September such assignment to Class n milk in the be delivered to another handler’s pool through December immediately preced­ case of transfers from several plants to plant. Milk caused by a handler to be ing, by the number of days from the first be made in the sequence to the transfer­ delivered to the pool plant of another day of delivery by such producer during ring plants according to the location dif­ handler shall be considered, for purposes such mopths to the last day of Decem­ ferential applicable at each transferring of reporting, classification, and payment, ber, inclusive, or by 90, whichever is plant, beginning with the plant having to be received by the handler who so more: Provided, That any producer who, the largest differential; caused the milk to be delivered, if both during the preceding months of Septem­ (b) Class I disposition from the plant handlers report such milk as so caused ber through December, delivered his milk other than disposition to the other pool to be delivered. to a nonpool plant which became a pool plants; and 17. Delete that part of § 1002.70 from plant after the beginning of such period (c) For the purpose of application of shall be assigned a base, in the same location differentials, milk sh^ll be con­ the beginning through (a) and substi­ tute therefor the following: manner as if he had been a producer sidered to be received from producers during such period, calculated from his at the following locations: § 1002.70 Computation of the obliga­ deliveries during such September-De- (1) Milk delivered from a producer’s tion of each handler. For each month cember period to such plant. farm to a pool plant shall be considered the market/administrator shall compute as received at such pool plant unless, the obligation of each pool handler as Order Amending the Order, as Amended, pursuant to subparagraph (2) of this follows: „ Regulating the Handling of Milk in thè paragraph, it is considered to be received (a) Multiply the quantity of producer Clarksburg, West Virginia, Marketing at another pool plant, milk in each class computed pursuant to Area (2) Milk caused by a handler to be § 1002.45 by the applicable class price, as 1. Delete “Western” as it appears in delivered from a producer’s farm to the adjusted by location differentials on the § 1009.5 and substitute therefor pool plant of another handler shall be amount of milk to which location differ­ “Weston”. considered to be received at the plant ential allowance applies pursuant to 2. In the proviso in § 1009.6, after the of the first handler if both handlers so § 1002.53; words “nonpool plant”, insert the fol­ indicate in their reports to the market 18. Delete § 1002.71 (a) and (c) and lowing: “(except a nonpool plant at administrator, and substitute therefor the following: which the handling of milk is subject to (3) Milk which is diverted to a non­ the classification and pricing provisions pool plant pursuant to § 1002.6 shall be (a) Combine into one total the obli­ of another order) ”. ? considered to be received at a pool plant gations computed pursuant to § 1002.70 3. Delete § 1009.8 and substitute there­ at the location of the plant from which for all pool plants which submit reports for the following: diverted. prescribed in § 1002.30 and who are not in default of payments pursuant to § 1009.8 Distributing plant. “Dis­ 14. Delete § 1002.61 and substitute § 1002.80 or § 1002.82; tributing plant” means an approved therefor the following: * * * * - * plant which meets the conditions of § 1002.61 Plants subject to other Fed- both paragraphs (a) and (b) of this eral orders. Upon determination by the (c) Add an amount equal to the sumsection : of deductions to be made for producer (a) Not less than the required per­ Secretary, a plant specified in paragraph payments for location differentials pur­ (a) or (b) of this section shall be treated suant to § 1002.74; centage (as specified herein) of the as a nonpool plant, except that the op­ volume of milk received thereat ffom erator of such plant shall, with respect 19. Delete § 1002.74 and substitute dairy farmers who meet the inspection to total receipts and utilization or dis-r therefor the following: requirements pursuant to § 1009.6 and position of skim milk and butterfat at § 1002.74 Location differential to pro­ fluid milk products from supply plants the plant, make reports to the market ducers. The applicable uniform prices pursuant to § 1009.9, is disposed of dur­ administrator at such time and in such to be paid for producer milk received at ing the month on routes (including dis­ manner as the market administrator a pool plant located 60 miles or more posal through plant stores or by vend­ may require and allow verification of ing machines) to wholesale or retail out­ from the city hall of Wheeling, West lets (except pool plants), such required such reports by the market administra­ Virginia, East Liverpool, Ohio, or Steu­ tor: percentages being 45 percent in April, benville, Ohio, whichever is nearest, by May and June, and 55 percent in other (a) Any plant qualified pursuant to the shortest hard-surfaced highway dis­ § 1002.10 (a) or (c) which disposes of months; and tance, as determined by the market ad­ (b) Not less than 5 percent of such a lesser volume of Class I milk in the ministrator, shall be reduced according Greater Wheeling marketing area than disposition on routes as described in to the location of the pool plant where paragraph (a) of this section is to whole­ in a marketing area where milk is regu­ such milk was received, as indicated pur­ lated pursuant to another order issued sale or retail outlets (except pool plants) suant to § 1002.53 (c), at the following in the marketing area. pursuant to the act, and which is subject rate: to the classification and pricing provi­ 4. Delete § 1009.9 and substitute there­ sions of such other order if exempted Distance from the city hall of for the following: pursuant to this paragraph from regula­ Wheeling, W. Va., East Liver- Rate per tion as a pool plant under this part; pool, Ohio, or Steubenville, hundred- § 1009.9 Supply plant. “Supply Ohio, whichever is nearest weight plant” means: During any of the (b) Any plant qualified pursuant to (m iles): (cents) § 1002.10 (b) for any portion of the pe­ 60 but not more than 70______J5. 0 months of September through January, riod February through August, inclusive, 70 but not more than 80______16.5 inclusive, an approved plant from which, that the milk of producers at such plant' 80 but not more than 90______18. 0 during the month, fluid milk products is subject to the classification and pric­ For each additional 10 miles or equal to not less than 55 percent of its ing provisions of another order issued fraction thereof an additional__ 1.0 receipts from dairy farmers who meet pursuant to the act and the Secretary 20. In §§ 1002.82 and 1002.83, delete the inspection requirements pursuant to determines that such plant should be the words “the value of his producer §•1009.6 are shipped during the month exempted from this part. milk” and substitute therefor the words tó distributing plants or disposed of on “his obligation”. routes (including disposal through plant 15. In § 1002.62, add the following stores or by vending machines) to whole­ proviso: “Provided, That such payments 21. Delete § 1002.90 and substitute shall not apply to butterfat or skim milk therefor the following: sale or retail outlets (excluding pool in excess of butterfat or skim milk re­ § 1002.90 Computation of daily aver­ plants) in the marketing area : Provided, ceived by such nonpool plant from dairy age base for each producer. Subject to That if a plant qualifies as a supply plant farmers and in the form of fluid milk the rules set forth in § 1002.91, the daily pursuant to this section in each of the products from plants not fully regulated average base for each producer shall be months of September, October, Novem­ under any Federal order.” an amount calculated by dividing the ber, December, and January, such plant 16. Insert a new section, § 1002.63, as total pounds of. milk produced by and shall be a pool plant until the end of the follows: received from such producer at all pool following August, unless the operator re- Friday, September 13, 1957 FEDERAL REGISTER 7325 guests in writing that such plant not be producer-handler) in the form of fluid plicable at each transferring plant, be­ a pool plant beginning in the month fol­ milk products shall, to the extent re­ ginning with the plant having the largest lowing the date of such request. quired, be classified so as to result in the differential; maximum assignment of the producer (b) Class I disposition from the plant 5. Delete § 1009.10 and substitute milk of both handlers to Class I milk.” other than, disposition to the other pool therefor the following: 11. Delete that part of § 1009.45 (a)plants; and § 1009.10 Pool plant. “Pool plant” (3) which precedes the proviso and sub­ (c) For the purpose of application of means: stitute therefor the following: “(3) Sub­ location differentials, milk shall be con­ (a) A distributing plant; tract from the-pounds of skim milk re­ sidered to be received from producers at (b) A supply plant; or maining in Class II milk the pounds of the following locations: (c) An approved plant which receives skim milk in fluid milk products received (1) Milk delivered from a producer’s po milk from dairy farmers and from from plants regulated under another farm to a pool plant shall be considered which Class I milk equal to not less than order (s) issued pursuant to the act and as received at such pool plant unless, 5 percent of milk disposed of during the classified as Class I pursuant to such pursuant to subparagraph (2) of this month* on routes (including disposal other order (s):”. paragraph, it is considered to be received through plant stores or by vending ma­ .12. Delete § 1009.51 (a ); and (b) and at another pool plant, chines) to retail or wholesale outlets substitute' therefor the following: (2) Milk caused by a handler to be (excluding pool plants) is so disposed of delivered from a producer’s farm to the in the marketing area. (a) Class I milk price. The Class I milk price shall be the basic formula pool plant of another handler- shall be 6. Delete § 1009.19 and substitute price (computed pursuant to § 1009.50) considered to be received at the plant therefor the following: of the first handler if both handlers so for the preceding month plus the fol­ indicate in their reports to the market § 1009.19 Base milk. “Base milk” lowing amount for the month indicated: administator, and means milk received at pool plants from Month Amount (3) Milk which is diverted to a non­ a producer during any of the months of February, March, April, May, June, pool plant pursuant to § 1009.6 shall be March through July which is not in ex­ and July______$1. 75 considered to be received at a pool plant cess of such producer’s daily average base All others..______r___ 2.20 at the location of the plant from which computed pursuant to § 1009.90 multi­ Provided, That this Class I price shall be diverted. plied by the number of days of milk pro­ increased or decreased by the amount of duction delivered in such month. 14. Delete § 1009.61 and substitute the any “supply-demand adjustment” effec­ following: 7. In § 1009.30 (a), add subparagraph tive in the calculation of the Class I (5) as follows: price for the preceding month under the § 1009.61 Plants subject to other Fed­ terms of the order, as amended, regulat­ eral orders. Upon determination by the (5) Milk caused to be moved from a ing the handling of milk in the Cleveland, Secretary, a plant specified in para­ producer’s farm to a plant of another Ohio, marketing area (Order No. 75, Part graph (a) or (b) of this section shall handler. 975 of this chapter); and be treated as a nonpool plant, except 8. Delete § 1009.40 and substitute (b) Class II milk price. The Class II that the operator of such plant shall, therefor the following: milk price shall be the basic formula with respect to total receipts and util­ price computed pursuant to § 1009.50. ization or disposition of skim milk and § 1009.40 Skim milk and butt erf at to butterfat at the plant, make reports to be classified._ The skim milk and butter- 13. Delete § 1009.53 and substitutethe market administrator at such time fat to be reported pursuant to § 1009.30 therefor the following: and in such manner as the market ad­ (a) shall be classified each month pur­ § 1009.53 Location differentials to ministrator may require and allow veri­ suant to the provisions of §§ 1009.41 handlers. For milk Disposed of from a fication of such reports by the market through 1009.45. pool plant located 60 rniles or more from administrator: 9. Delete § 1009.41 (b) and substitute the City Hall of Clarksburg, West Vir­ (a) Any plant qualified pursuant to therefor the following: ginia, by shortest hard-surfaced high­ § 1009.10 (a) or (c) which disposes way distance, as determined by the mar­ of a lesser volume of Class I milk (b) Class II milk. Class II milk shall ket administrator, as Class I milk pur­ in the Clarksburg marketing area than be all skim milk and butterfat u (1) Used suant to paragraphs (a) and (b) of this in a marketing area where milk is regu­ to produce any product other than a fluid section, but not to exceed producer milk lated pursuant to another order issued milk product; (2) contained in inven­ received at such plant (including milk pursuant to the act, and which is subject tories of fluid milk products on hand at diverted therefrom to nonpool plants), to the classification and pricing pro­ the end of the month; (3) disposed of iri the price specified in § 1009.51 (a) shall bulk to any manufacturer of candy, soup visions of such other order if exempted Or bakery products who does not dispose be reduced at the rate set forth in the pursuant to this paragraph from regula­ of milk in fluid form; (4) disposed of as following schedule according to the lo­ tion as a pool plant under this part; skim milk and used for livestock feed or cation specified in paragraph (c) of this (b) Any plant qualified pursuant to skim milk dumped subject to prior noti­ section: § 1009.10 (b) for any portion of the fication to and inspection (at his dis­ Distance from the City Hall Rate per period February through August, inclu­ cretion) by the market administrator; of Clarksburg, W. Va., hundredweight sive, that the milk of producers at such and (5) in shrinkage not to exceed 2 per­ (miles) { (cents) plant is subject to the classification and cent, respectively, of the skim milk and 60 but not more than 70______20 pricing provisions of another order is­ 70 but not more than 80______22 sued pursuant to the act ahd the Sec­ butterfat contained in producer milk 80 but not more than 90 ______- 24 (except that diverted pursuant to For each additional 10 miles or frac­ retary determines that such plant should § 1009.6) and other source milk: Pro­ tion thereof an additional__ 1____ 1 be exempted from this part. A vided, That if shrinkage of skim milk or . (a) In the case of fluid milk products 15. In § 1009.62, add the following butterfat is less than such 2 percent it which are moved from the pool plant to proviso: “Provided, That such payments shall be assigned pro rata to the skim another pool plant, assign to Class I shall not apply to butterfat or skim milk milk or butterfat contained in producer milk for the purposes of this section, that in excess of butterfat or skim milk re­ milk (except that diverted pursuant to portion of the milk moved which re­ ceived by such nonpool plant from dairy § 1009.6) and other source milk, respec­ farmers and in the form of fluid milk tively. mains after assigning such milk to Class II milk in the transferee plant as deter­ products from plants not fully regulated 10. Delete the first sentence of § 1009.43 mined by the calculations prescribed in under any Federal order. (a) and substitute therefor the follow- § 1009.45 (a) (1) through (4), and the 16. Insert a new section, § 1009.63, as hig: “ (a) Skim milk and butterfat trans­ comparable steps in § 1009.45 (b) for the follows: _ ferred to a pool plant of another handler transferee plant, such assignment to § 1009.63 Milk caused by a handler to (including that which the handler Class n milk in the case of transfers be delivered to another handler’s pool causes to be delivered from a producer’s from several plants to be made in the plant. Milk caused by a handler to be farm to the pool plant of the other han­ sequence to the transferring plants ac­ delivered to the pool plant of another dler, but not including transfers to a cording to the location differential ap- handler shall be considered, for purposes 7326 PROPOSED RULE MAKING of reporting, classification, and payment, Issued at Washington, D. C., this 10th officer was correct and such ruling is to be received by the handler who so day of September, 1957, hereby affirmed. caused the milk to be delivered, if both Findings and conclusions. The fol­ handlers report such milk as so caused [ seal] R oy W. L ennartson, Deputy Administrator. lowing findings and conclusions are to be delivered. based upon the evidence introduced at . 17. Delete that part of § 1009.70 from [P. R. Doc. 57-7542; Piled, Sept. 12, 1957» the hearing and the record thereof: the beginning through (a) and substitute 8:55 a. m.] (1) The marketing area should be ex­ therefor the following: tended to include Benewah and Boun­ § 1009.70 Computation of the obliga­ dary Counties, Idaho. The extension of the marketing area tion of each handler. For each month [ 7 CFR Part 1008 1 the market administrator shall compute to Benewah County was proposed by [Docket No. AO-275-A2J two producers’ cooperatives associated the obligation of each pool handler as with the marketing area. The proposal follows: M ilk in I nland E mpire M arketing A rea (a) Multiply the quantity of producer to include Boundary County was sub­ milk in each class computed pursuant to DECISION WITH RESPECT TO PROPOSED mitted by a third producer’s cooperative, § 1009.45 by the applicable class price, AMENDMENTS TO TENTATIVE MARKETING which operates a plant located at Bon­ as adjusted by location differentials on AGREEMENT AND TO ORDER ner’s Ferry, Idaho. In both instances, the amount of milk to which location dif­ Pursuant to the provisions of the Agri­ the primary reason offered by propo­ ferential allowance applies pursuant to cultural Marketing Agreement Act of nents for extending the marketing area § 1009.53; is to provide a similar price plan for all 1937, as amended (7 U. S. C. 601 et seq.), members of the associations concerned. 18. Delete § 1009.71 (a) and (c) and and the applicable rules of practice and The proposals were further supported on substitute therefor the following: procedure governing the formulation of marketing agreements and marketing the basis that regulated handlers distrib­ (a) Combine into one total the obli­orders (7 CFR Part 900), a public hear­ ute substantial amounts of milk in said gations computed pursuant to § 1009.70 ing was held at Spokane, Washington, on counties. Some members of one propo­ for all pool plants which submit reports May 28, 29 and 31, 1957 pursuant to nent association opposed extension of prescribed in § 1009.30 and who are not notice thereof issued on May 8, 1957 (22 the marketing area to Benewah County in default of payments pursuant to F. R. 3357). primarily because such dairy farmers are § 1009.80 or § 1009.82; Upon the basis of the evidence intro­ satisfied with the business relationship * * * # * they have with the nonregulated distrib­ duced at the hearing and the record utor there. (c) Add an amount equal to the sum ofthereof, the Deputy Administrator, deductions to be made for producer pay­ Agricultural Marketing Service, on At the present time, some members ments for location differentials pursuant August 9, 1957 <22 F. R. 6514) filed with of one association are shipping milk each to § 1009.74; month both to a nonregulated fluid milk the Hearing Clerk, United States De­ plant at St. Maries (Benewah County) 19. Delete § 1009.74 and substitute partment of Agriculture, his recom­ and to a plant regulated by the order. therefor the following: mended decision containing notice of the The fact that some dairy farmers have opportunity to file written exceptions § 1009.74 Location differential to pro­ the opportunity to ship milk to both thereto. regulated and unregulated plants in the ducers. The applicable uniform prices to The material issues of record are con­ be paid for producer milk received at a same month has undesirable effects on cerned with : . returns to those producers whose milk pool plant located 60 miles or more from 1. Whether the present Inland Empire is priced by the order, and even on the the. City Hall of Clarksburg, West Vir­ marketing area should be extended, or regulation itself. Each'month the In­ ginia, by the shortest hard-surfaced separate regulation'be adopted, to apply land Empire marketing area utilizes a highway distance, as determined by the to any or all'of several additional coun­ portion of its producer receipts as Class market administrator, shall be reduced ties in Washington and Idaho; II milk. During the first 12 montfis of according to the location of the pool 2. A proposed increase in the price order operation such utilization ranged, plant where such milk was received, as differential for Class I milk, provision for on a monthly basis, from 5.9 to 19.8 per­ indicated pursuant to § 1009.53 (c), at an automatic supply-demand adjuster, cent of total producer receipts. The the rates set forth in § 1009.53. and revision of location adjustments; partial supplies of milk delivered to a 20. In §§ 1009.82 and 1009.83, delete the 3. Whether the classification provi­ regulated plant increase the volume of words “the value of his producer milk” sions should be amended: (a) To classify producer milk on the Inland Empire and substitute therefor the words “his ending inventories as Class II milk, (b) market with milk that is surplus to the obligation”. to classify skim milk dumped as Class II fluid milk operations of the nonregulated 21. § 1009.90 and substitute therefor milk during any month of the year, and distributor in Benewah County. Its un­ the following: (c) to classify “cocoa mixes” as Class II availability to the regulated plant a por­ milk; tion of each month makes it an unde­ § 1009.90 Computation of daily aver­ 4. Revision of “pool plant” delivery pendable source of milk for Class I use age base for each producer. Subject to performance requirements ; and in the marketing area but at such times the rules set forth in § 1009.91, the daily 5. Proposals to clarify the language of as it is delivered to a pool plant, it adds average base for each producer shall be 'various order provisions and certain ad­ to the available supply which must be an amount calculated by dividing the ministrative and conforming changes. utilized as Class II milk, and thus tends total pounds of milk produced by and During the course of the hearing to reduce the uniform price to all pro­ received from such producer at all pool counsel for a handler requested the ad­ ducers. Moreover, the opportunity af­ plants during the months of September mission into the record of Exhibit No. 5 forded the nonregulated plant operator through December immediately preced­ (marked for identification). Such ex­ in Benewah County to limit his supply ing, by the number of days from the first hibit is a photostat copy of the house or­ to requirements for fluid utilization (en­ day of delivery by such producer during gan of a cooperative association which hanced by the purchase of supplemental such months to the last day of December, contains certain statements credited to Class II milk products in finished form inclusive, or by 90, whichever is more: a former manager of the association who from a regulated plant) results in rela­ Provided, That any producer who, during was not available for examination. In tively higher returns to dairy farmers the preceding months of September the circumstances the exhibit was not who supply the unregulated plant. This through December, delivered his milk to admitted by the presiding officer on the situation potentially, if not presently, a nonpool plant which became a pool basis the statements contained therein affords the nonregulated distributor a plant after the beginning of such period which counsel sought to be included in competitive advantage over regulated shall be assigned a base, in the same the record does not constitute the kind handlers in the procurement of milk due manner as if he had been a producer of testimony upon which responsible per­ simply to the existence of the regulation during such period, calculated from his sons are accustomed to rely. An offer of with Its marketwide pooling plan for deliveries during such September-De­ proof was made by counsel. It is deter­ distributing producer returns. Over the cember period to such plant. mined that the ruling of the presiding longer term a more stable supply situa* Friday, September 13, 1957 FEDERAI REGISTER 7327 fcion will prevail in the Inland Empire Testimony in opposition to the mar­ Moscow, Idaho, area averaged 27 cents market if all producers involved in the keting area extension stressed that: more than those paid by regulated han­ foregoing marketing situation are paid 1. Farm prices for milk in the proposed dlers. In the Pullman, Washington, on a similar price plan. It is concluded area compare favorably with those paid area, blend prices averaged 41 cents that Benewah County, Idaho, should be at regulated plants. more. included in the marketing area. 2. During the past ten years no dairy Producers contended further that they A somewhat similar marketing situa­ farmer has been denied a market except have been unsuccessful in attempts to tion also exists in Boundary County. by action of the health authorities. negotiate at nonregulated plants con­ Some members of the proponent pro­ 3. Dairy farmers have not been com­ cerning price agreements, butterfat ducers’ association ship milk tq a regu­ pelled to restrict production, or to market check-testing, and audits of milk utiliza­ lated plant and other members deliver any portion of their production them­ tion. But producers, through the efforts to the association’s unregulated proc­ selves. of their association,-were successful in essing plant at Bonner’s Ferry. Pro­ 4. Marketing conditions are not dis­ terminating a lower Class I price for milk ponents expressed a desire for a uni­ orderly, and consumer prices have not packaged in half-gallon containers. form pricing plan for all members of fluctuated materially. This “special” price was instituted in the association. A close and continu­ 5. Adequate supplies of milk for fluid August 1955 and terminated in July 1956. ing relationship of proponent’s opera­ needs are produced locally. Producers also testified that although tion at Bonner’s Ferry with a regulated 6. Distributors do not rely on the In­ their association was successful in nego­ plant in the marketing area was land Empire marketing area for supple­ tiations to terminate the special price, shown. The cooperative’s processing mental milk supplies. the nonregulated plant at the same time plant at Bonner’s Ferry supplies the reg­ Producers contended that Whitman arbitrarily increased the farm-to-plant ulated plant with supplemental milk, and Latah Counties are an integral part hauling rate. The hauling rate was and also purchases a portion of its of the Inland Empire marketing area. changed from 20 cents per can (or about packaged milk needs from the regulated However, only one of the ten handlers 23 cents per hundredweight) to 35 cents plant. During the past year the unregu­ regulated by the order sells milk in such per hundredweight, but the validity of lated plant twice qualified as a pool counties from a regulated plant. Dur­ such increase in rate was not questioned plant. It has been necessary for such ing the past two years, the sales of milk at the hearing. The prices to dairy association to rely on the regulated plant in this area from the regulated plant farmers prevailing in the Whitman- in the Inland Empire market as the out­ have increased slightly. This distribu­ Latah area are higher than the order let for its entire milk supply when floods tion accounts for about 3 percent of the minimum even after consideration - of occur at Bonner’s Ferry. The inclusion total Class I utilization of all regulated such rate increase. of Boundary County in the marketing handlers. Producers did not elaborate on butter­ area will establish a price and classifica­ The proponent associations also indi­ fat check-testing problems, nor does the tion basis for milk moved between the cated that, historically, farm pricing of record indicate that the producers’ asso­ marketing area plant and the plant at Grade A milk in Whitman and Latah ciation actually attempted to establish Boundary County equivalent to that ap­ Counties has followed that of the Inland check-testing and audit programs at the plicable to the movement of milk between Empire marketing area. At the present nonregulated plants. The Class I milk plants now under the regulation. It is time, nonregulated distributors in these utilization at the nonregulated plants concluded that Boundary County, Idaho, two counties deduct twenty-four cents represents a high percentage of their should be included in the marketing per hundredweight from the prevailing total receipts. On the whole, producer area. Inland Empire Class I price in establish­ witnesses did not express dissatisfaction . Producer organizations proposed fur­ ing prices for milk delivered to plants at either with payments based on past utili­ ther that the marketing area be ex­ Pullman and Moscow. This deduction is zation or with price policy followed at the tended to include Whitman County, equivalent to the handler location ad­ unregulated plants, but merely were ap­ Washington, and Latah County, Idaho. justment provided in the order, which prehensive about future prices because A handler with unregulated distrib­ would apply to any plant in the Pullman- of increasing production. uting plants in Pullman, Washington, Moscow area which might come under An independent producer witness rep­ and Moscow, Idaho, proposed the ex­ the regulation. Proponents contended resenting some of the dairy farmers in tension of the marketing area to Asotin that this deduction is unjustified because this area testified that their business re­ County,- Washington, and Nez Perce no milk is received at plants located in lationship with the nonregulated plants County, Idaho. Such proposal was sub­ Whitman and Latah Counties for distri­ in Whitman and Latah Counties has mitted for consideration only in the bution in the Inland Empire marketing been satisfactory. They opposed the event Whitman and Latah Counties area. proposal to extend the marketing area were to be included in the marketing The deduction referred to was begun in to these counties. area. The proponent handler testified September 1956. The net price paid The principal nonregulated distribu­ that 25 percent of his milk sales are in dairy farmers for Class I milk at the non­ tor in these counties testified that no such counties and that it is necessary regulated plants in Pullman and Moscow regulated handler supplies supplemental that they be included in order that pro­ is the prevailing price paid at a regu­ milk to unregulated plants there. He ponent might remain competitive with lated plant of the same distributor at contended that local production is suffi­ other dealers from unregulated areas in Spokane, less the twenty-four cent de­ cient for all fluid milk sales, and for most Idaho, Washington, and Oregon where duction. The prevailing price at such of the cottage cheese and ice cream sales. producer prices historically have been plant includes, however, a substantial Whenever supplemental milk has been lower than in the Whitman-Latah area. premium above the order minimum Class needed, as in March 1955 and October A nonregulated distributor of milk I price. A comparison of the announced 1956, it has been purchased from un­ proposed the extension of the marketing minimum Class I prices under the order regulated plant sources. area to Clearwater, Lewis and Idaho with those paid by the nonregulated It may not be concluded from the Counties, Idaho, and to Asotin County, plants at Pullman and Moscow shows Washington. present record that there are serious that during the past year Class I prices disorderly marketing conditions in the Producer proponents, in supporting paid by the nonregulated plants have their proposal, contended that: unregulated area in question. Producers been consistently higher, ranging from whose milk is shipped to handlers regu­ 1. Whitman and Latah Counties nor­ plus 4 cents to plus 34 cents per hun­ mally are part of the Inland Empire dredweight; the average difference being lated by the order are not being disad­ marketing area. plus 18 cents. vantaged in the pricing of their milk 2. Historically, milk prices to pro­ A comparison of producer “blend” because of an unregulated market in ducers and consumers in this area have prices paid at the nonregulated plants Whitman and Latah Counties. There followed prices in the Spokane market. with uniform prices announced under was no showing of undue hardship on 3. Producers have been unsuccessful in the order indicates that the blend prices any regulated handler as the result of attempts to negotiate agreements with in the unregulated area also have been failure to regulate such counties. The distributors on prices, butterfat check­ consistently higher during the same 12- marketing area should not be extended testing, and audits of milk utilization. month period. Blend prices paid at' at this time to include said counties. 7328 PROPOSED RULE MAKING

Asotin County, Washington, and Nez sales outlets there were lost as the result pool qualification of plants which dis­ Perce County, Idaho, were proposed for of a price war in 1954. This occurred tribute Class I milk on routes. inclusion in the marketing area only if prior to the introduction of the order. The principal consuming centers, Whitman and Latah Counties were to be Although a producer witness testified Moses Lake and Ephrata, in the Basin regulated. In view of the above, it is that competition from unregulated are each located approximately 110 miles concluded that no useful purpose would sources in Montana could be controlled from Spokane. The distance from Wen­ be served by including Asotin and Nez for the protection of local dairy farmers atchee to Ephrata is approximately 50 Perce Counties in the marketing area. if Shoshone County were included in the miles and the distance between Wen­ The nonregulated distributor propo­ marketing area, there was no showing atchee and Moses Lake is about 70 miles. nent for the inclusion of Clearwater, of unstable marketing conditions or that Ellensburg also is about 70 miles from Lewis and Idaho Counties, Idaho, did not producers are not receiving returns rea­ Moses Lake. make an appearance at the hearing. The sonably aligned with those resulting Some milk produced in the Basin is record contains no supporting evidence from thè order. The fact that members delivered to Yakima, approximately 105 for his proposal. A number of dairy of the association are in a position to miles distant, for bottling and is returned farmers appeared at the hearing, and supply all the milk needed at Wallace, for sale from distributing stations lo­ opposed the extension of the marketing Mullen and Kellogg, Idaho, is not ade­ cated in the Basin. A plant operated by area to said counties. In view of the quate reason to regulate the handling of a cooperative at Ellensburg has available foregoing conclusions concerning the milk in such communities. a substantial quantity of milk qualified Other counties proposed, and in the ab­ It is concluded from the foregoing that for sale as fluid milk. This milk is priced sence of supporting evidence, it is con­ the marketing of milk in Shoshone at present under the terms of the Puget cluded that the Inland Empire market­ County is not sufficiently related to the Sound order and the industry-nego­ ing area should not be extended to in­ handling of milk in the Inland Empire tiated premium payment plan prevailing clude Clearwater, Lewis and Idaho Coun­ market at this time to warrant regula­ in the Puget Sound market. It is trans­ ties, Idaho. tion and therefore the marketing area ported to the.Puget Sound marketing The proposal to include Shoshone should not be extended to include Sho­ area from the Ellensburg area at a haul­ County and the eastern part of Kootenai shone County, Idaho. ing rate of 23 cents per hundredweight. County, Idaho, in the marketing area was The eastern portion of Kootenai Fluid milk distribution routes from the made by two producers’ associations. County was proposed for regulation only bottling plant of this association at El- The principal towns involved in the pro­ to maintain contiguity for the entire Içnsburg approach, possibly enter, Grant posed annexation are Kellogg, Mullen marketing area as proposed for extension County, at a point less than 40 miles and Wallace, in Shoshone County. to Shoshone County. There are no local from Moses Lake. The associations supported their pro­ fluid milk plants in the eastern portion On an historical basis, the Basin com­ posal on the following grounds: of Kootenai County. It is concluded munities have been served from Spokane 1. Extension of the area will permit a further that such territory should not be plants. As such communities have de­ free flow of milk between plants in the included in the marketing area. veloped, routes to the Basin have been marketing area and those in the proposed A handler proposed inclusion of Grant, established from the Wenatchee market extension. Adams and Lincoln Counties in the mar­ also. About the time of the inception of 2. Competition from unregulated plant keting area. In support of this proposal the Inland Empire order in April 1956, sources in Montana could be controlled proponent pointed outT that approxi­ certain milk previously produced and dis­ for the protection of local dairy farmers. mately 19 percent of his total Class I tributed in the Basin, but bottled in a 3. inland Empire producers can sup­ sales are made on routes in such counties. Spokane plant, was shifted to a Yakima ply all the milk needed at Wallace, Mul­ About 5 percent of his total Class I sales plant for bottling. 'Such milk con­ len and Kellogg, Idaho. are made to a military installation in tinues to be distributed in the Basin. An unregulated distributor located in Grant County (referred to in the record The prevailing price to producers for Shoshone County who would be regu­ as the “Columbia Basin”). The major milk for fluid use in the unregulated lated under the proposal supported the portion of the volume so sold by the pro­ Wenatchee arid Yakima markets is $5.50 proposed extension of the marketing area ponent handler is distributed to outlets per hundredweight on a 4 percent butter- primarily because dairy farmers supply­ in Grant County rather than in Adams fat content basis. This price compares ing the plant desire it as a means of and Lincoln Counties. It was contended with a minimum Class I price for milk establishing their prices on a basis equiv­ that inclusion of the Columbia Basin of similar butterfat content under the alent to that of the Inland Empire mar­ fai the marketing area would assist in Inland Empire order of $5.44 per hun­ ket, and because of the proximity of maintaining the returns of Inland Em­ dredweight for the first year of order Kellogg, Idaho, to Spokane, Washington. pire producers and protect Class I sales operation (April 1956-March 1957). Two unregulated distributors with made in such area from the regulated Such a price relationship does not mani­ plants at Missoula, Montana, who dis­ plant by placing all competitors for sales fest competitive disadvantage to a Spo­ tribute some milk in Shoshone County, in the Basin on a uniform price basis in kane handler distributing in the Basin. opposed the proposed marketing area ex­ the purchase of milk. In this connection Actual prices for Class I milk in the In­ tension indicating that their milk is proponent alleges competitive disad­ land Empire market averaged somewhat priced to both producers and consumers vantage in the sale of milk as the result higher, however, than $5.44 per hundred­ under the Montana Milk Control Act, of the prices he is required to pay pro­ weight during the past 12 months be­ and if the marketing area were extended ducers. Proponent, however, does not cause premiums over order prices have to Shoshone County, they would be re­ propose regulation in the Basin unless been paid by handlers as the result of quired to pay compensatory payments the Class I price f. o. b. the Basin is set negotiation with producer organizations. on the volume of their sales in Shoshone at a level equivalent to the Class I price Payments on Class I milk above order County. for milk delivered to a regulated plant prices averaged about $0.42 per hundred­ Proponents conceded on examination located in Spokane, by eliminating the weight in the April 1956-Abril 1957 that Shoshone County is not signifi­ location adjustment between Spokane period. Any competitive disadvantage cantly a part of the sales area for han­ and the Basin. felt by the Spokane handler as the result dlers regulated by the Inland Empire A producer association expressed con­ of premiums paid through negotiation order although one regulated handler cern that loss of sales by the one regu­ with producers may not be regarded as sells milk in half-gallon containers to lated handler distributing in the Basin, sufficient reason for expansion of the an unregulated local distributor at Kel­ as the result of any competitive disad­ marketing area as a means of eliminat­ logg, Idaho, and another regulated han­ vantage in the distribution of milk, would ing competitive disadvantage to such dler with a plant at Coeur d’ Alene, have a severe impact on producer re­ handler based upon the price paid for Idaho, also sells some milk in the county. There are no data in the record indicat­ turns.. This association indicated, how- milk. Similarly, the marketing area may ing the extent of these sales, and the éver, that if the Basin were regulated, hot be expanded as proposed simply for regulated handlers involved did not the potential of “pool-riding” by plants the purpose of protecting current levels testify on this proposal. One of the pro­ lpcated in the vicinity of the Basin should of sales of pooled milk in the area to be ponents, who no longer distributes milk be mitigated by revising the delivery per­ annexed at whatever price above the in Shoshone County, testified that its formance requirements provided for the order level may be negotiated to insure Friday, September 13, 1957 FEDERAL REGISTER 7329 adequate supplies for the principal com­ during the past year, and (c) the pro­ available for either market. The cost of munities covered by the regulation. posed price level would still be below the moving milk to District No. 1 of the The payment of negotiated premium present Class I price level including the Puget Sound marketing area from El­ priées in the Spokane market indicates premiums paid since the inception of the lensburg, Washington, is 23 cents per the necessity for somewhat higher prices order. hundredweight. An allowance of about for milk delivered to Spokane than have Each month since the effective date 46 cents is provided under the Inland been necessary at Wenatchee, Ellensburg, of the order, handlers have paid pre­ Empire order for the Ellensburg loca­ or Yakima to induce the production of miums above the minimum Class I milk tion. Ijt is concluded that a Class I milk adequate milk supplies. Inland Empire prices established by the order. Such differential of $1.90 per hundredweight, producers request that the Class I price premiums have ranged from 8 cents to which, represents an increase of 5 cents under the order be increased at this time 99 cents. The wide range of premiums from the current differential, is reason­ to insure adequate supplies in the future paid hasx caused disparities in returns able in light of the above costs of moving for the marketing area already under to producers under the marketwide pool­ milk and should be adopted. Thus, the regulation. Milk is available in the cen­ ing provisions of the order, and also Inland Empire Class I price would be ap­ tral portion of Washington (Yakima, has resulted in varying costs of milk propriately aligned with prices at the Ellensburg and Sunnyside) at prices among "handlers. During the 13 months nearest plant associated with the Puget considerably lower than the level re­ between thq effective date of the order Sound market where milk supplies are quested for Spokane and vicinity. and the hearing, the premiums paid (on available in substantial quantities. If Application of the Spokane level of a monthly basis) averaged 42 cents per the proposed Class I price differential of prices f. o. b. the Basin would establish hundredweight. The average minimum $1.90 had been in effect during the 13 prices at the latter point higher than Class I milk price during that period months prior to the recent hearing, an necessary to ifiduce adequate supplies in was $5.44 per hundredweight. With pre­ average Class I price of $5.49 would have this section of the State. There was no miums, the average monthly Class I milk resulted. As previously stated, the aver­ evidence of disorderly marketing condi­ price was $5.86 per hundredweight. age Class I price actually paid during tions for dairy farmers in the central At the time the order became effective this period was 37 cents higher, or $5.86 Washington markets or that higher (April 1956), a temporary Class I price per hundredweight. farm prices for Grade A milk are sought differential was established. This dif­ Producers also proposed that a supply- by producers in this area. Although ferential expires automatically at the demand adjuster be included in the producers shipping to Spokane plants end of September 1957. The current order. Handlers concurred in this pro­ historically have received the benefit of proceeding affords an opportunity to re­ posal. The stated purpose of this type a large proportion of the fluid milk sales view the Class I milk price level in the of provision is to adjust automatically in the Basin, the advantages of location light of current marketing conditions. the Class I milk price in response to should not be denied to milk which is During the past year, the number of pool changes in the relationship of producer closer to the Basin. The record does not plants decreased from 16 to 13. Be­ milk to Class I utilization from a reason­ reveal a basis on which to eliminate lo­ tween May 1956 and May this year the able standard, or “norm”. Such auto­ cation adjustments in the case of plants number of producers decreased from 979 matic adjustment is designed to facilitate located in such vicinity as a corollary to 950. At the same time, however, prompt changes in price in response to to inclusion of the Basin in the market­ average daily deliveries per producer in­ changing supply and sales conditions, ing area. creased about 12 percent. Official notice thus reducing the frequency of hearings Producers at Spokane expressed con­ is hereby taken of the statistical sum­ as relatively minor changes in the sup­ cern that loss of sales in the Basin would mary for April and May 1957 issued by ply-sales relationship occur. be highly detrimental to their returns for the market administrator under Order The supply-demand adjuster set forth milk. The Class I sales made from the 108, in order to provide statistical com­ herein, as in the case of proponents’ pro­ Spokane plant to the Basin constitute parisons with the corresponding months posal, would relate Class I milk price about 4 percent of the total Class I sales of the previous year. changes to the ratio of producer milk in the marketing area. It would not be During April and May 1957, total pro­ to Class I sales during the second and appropriate to set prices at Spokane, ducer receipts increased about 9 and 8 third months preceding that to which the where a large majority of the Class I percent, respectively, over the levels of Class I price applies. The schedule of sales of regulated handlers are made, at the same months a year ago. The total standard utilization percentages adopted a level which would guarantee sufficient volume of Class I milk utilization in­ is based on an average Class I utiliza­ supplies for both the present marketing creased less than 1 percent in the same tion of about 76 percent of producer milk area and the Basin when lower-priced period. The utilization of producer milk supplies. This allows for a 17 percent milk is available for the latter market. in Class I in April and May 1957 de­ annual average reserve supply of pro­ Without the inclusion of Grant creased 6 percent and 5 percent, respec­ ducer milk, which should be the mini­ County, no useful purpose would be tively, below the corresponding months mum necessary to prevent shortages in served by including Adams and Lincoln of the previous year. The utilization of the fall months, after taking into ac­ Counties since the total distribution of producer milk in the other two classes in­ count that about 7 percent of producer milk there is small. It is concluded that creased slightly. During the 13 months milk is used in Class II-A for cottage the marketing area should not be ex­ prior to the hearing, the monthly utiliza­ cheese (which is required by the market­ tended to include Grant, Adams, and tion of producer milk in Class I ranged ing area health authorities to be made Lincoln Counties. from 68.7 percent to 90.7 percent. On a of Grade A milk). (2) The price formula for Class I milkmonthly basis, the utilization of producer Price adjustments would apply at a should be revised. milk in Class I averaged 80.6 percent, in rate of five cents per hundredweight plus Producers proposed that the present Class II-A, 10.9 percent, and in Class II, or minus for each point of change be­ Class I price differential of $1.85 per 8.5 percent. The effective Class I milk tween the current supply-Class I sales hundredweight (over the basic formula price level (including the premiums ne­ ratio and a standard utilization per­ price) be increased 15 cents to $2.00 per gotiated by producers) has encouraged a centage figure for the particular month. hundredweight. The proposed differen­ production increase in relation to Class The total adjustment is limited to plus or tial, like the present one, would apply I sales during the past year. Such price minus 50 cents. Since an adjustment each month of the year. In addition, level has not resulted, however, in a bur­ beyond this point would reflect a signifi­ proponents suggested a “supply-demand densome surplus even though feed prices cant change in the supply-sales relation­ adjuster” finder which the Class I price are slightly lower in the milkshed than ship from the present, it would be ap­ differential would be modified automati­ they were a year ago. propriate to convene a hearing to recon­ cally as changes occur in the relationship Although producers proposed a stated sider the Class I price level in the light of milk supply to sales of Class I milk. Class I price differential of $2.00 per of such change. This limitation will also No opposition testimony was presented. hundredweight, the difference between help to preserve a reasonable price align­ Proponents supported their proposal such differential and that ($1.65) fixed by ment with the Puget Sound market. on the grounds that (a) handlers have the Puget Sound order, would exceed the For the period July 1956 through June Paid premiums each month since the in­ difference in the relative costs of trans­ 1957, the Class I milk price provided troduction of the order, (b) milk pro­ porting milk to the two markets from herein, on a monthly basis, would have duction has not been over-stimulated areas where milk supplies could be made averaged about $5.74. On the basis that 7330 PROPOSED RULE MAKING the Class I price premiums paid by products (Class n ) on hand are not in­ ilar products from Class I milk to Class handlers in May and June 1957 are the cluded in the inventory account because II milk. same as in April 1957, the average Class the milk used to produce such products Proponent testified that the product I milk price effective for the 12-month will already have been accounted for as referred to contains 11 percent nonfat period specified would be $5.93. The Class II milk. As previously indicated, milk solids, and in addition cocoa, sugar, Class I price level adopted would have handlers will need to keep stock records stabilizer, salt and vanilla. The finished been about 19 cents less than the actual of such products but they will not be in­ product has the body and viscosity of level for this period. . cluded in inventory for the purpose of low fat ice cream mix. It is usually It is concluded also that the supply- accounting for current receipts. frozen at the milk processing plant and demand adjuster set forth herein will It is concluded that inventory should distributed at soda fountains where it is provide appropriate price adjustments be accounted for as Class II milk. If consumed in the form of a hot chocolate based on the normal needs of the Inland fluid milk products in inventory are ac-_ drink after the addition of water. The Empire market for Class I milk, cottage counted for as Class II milk at the end product is heated and continuously agi­ cheese, and a necessary reserve, and of the month, it will be necessary to pro­ tated in the soda fountain dispenser in should be adopted. Although the price vide a method to deal with the producer order to keep the solids content in sus­ level to result from the provision will be milk inventory which is used in: the cur­ pension. It is not required to be pro­ somewhat higher than the present order rent month for Class I purposes but duced from inspected milk supplies Class I price, the formula does not re­ which the handler accounted for to pro­ although Grade A milk is currently being sult in a price as high as the current ducers as Class n milk at the end of the used in its manufacture. market price, including premiums. previous month. In a plant which en­ Since this product is not required to be Further, it will reduce the Class I milk gages primarily in a fluid milk business, made from Grade A milk it is in direct price promptly in the event production it is quite possible that a decrease in competition, from a procurement stand­ should increase at a faster rate than inventory in any given month may ex­ point, with supplies of ungraded whole Class I sales. ceed its total utilization of Class II milk. milk, and possibly with nonfat dry milk. At the hearing, producers proposed Handlers, at times, also use other source However, in view of its similarity in form that in calculating a supply-demand milk in their operations. Producer milk to ice cream mix and the fact that it does adjuster, the milk of any handler whose from inventory should have prior claim not constitute a distress outlet for Grade plant was not a pool plant for at least on Class I sales over current receipts of A milk, any such milk utilized for this three of the most recent 12 months other source milk. This can be accom­ product should be classified and priced should be excluded from the supply- plished by considering the ending inven­ as Class IIA milk rather than as Class II demand computation.' It was testified tory in one month as a receipt in the milk. The order is so revised. that the principal purpose of a supply- following month and subtracting such (4) The definition of “pool plant” demand adjuster is to equate market receipt (under the allocation procedure) , should be revised in part. supply and demand and that plants that in series starting with Class II milk fol­ Two proposals to modify the delivery qualify irregularly as pool plants may lowing the subtraction of other source performance standards required of dis­ not be said to be a part of the long-run milk. tributing plants for pool plant status sources of milk for the market. How­ To the extent that opening inventory were made by producer organizations in ever, in another part of this decision is allocated to Class I milk and there was connection with proposals to expand the it is provided that the pooling standards an equivalent amount of producer milk marketing area. One of the proposals for distributing plants be revised. Such classified in Class n milk in the previous relating to pool plant qualification would revision should prevent unnecessary month (after the allocation of other require that no distributing plant could dilution of the pool through shipments of source milk) a reclassification charge qualify for the pool unless 50 percent or milk from plants associated with the should be made at the difference between more of its total receipts of milk were market only in a casual way. In view of the Class I price in>the current month disposed of as Class I milk on routes and this, it is concluded that the proposal and the Class II price in the preceding at least 20 percent of such receipts were to exclude certain plants from the month. This will promote uniformity in sold as Class I milk in the marketing supply-demand computation should not the cost of milk among handlers and in area on routes. The second proposal of be adopted. returns to producers for their milk, ir­ producers would establish such percent­ Producers and handlers proposed respective of whether or not such pro­ ages at 60 and 20, respectively. One han­ changes in the location adjustment pro­ ducer milk is from the previous month’s dler also testified in support of stricter* visions, which would provide fdr addi­ ending inventory or is a current receipt. delivery performance standards for dis­ tional basing points for computing loca­ (b) The provision which permits skim tributing plants. At present a distribut­ tion differentials and also would revise milk dumped during the months of April, ing plant may qualify for pool status if the rate of adjustment. The additional May, June and July to be classified as 5 percent or more of its receipts of milk basing points were proposed in connec­ Class II milk should not be revised. are distributed as Class I milk in the tion with proposals to extend the mar­ A producers’ organization suggested marketing area on routes. In support of keting area to the Columbia Basin and that skim milk dumped be classified as such proposals proponents indicated the the Pullman-Moscow area. Elsewhere Class II milk in any month of the year need to prevent operators of plants not herein it is provided that such area ex­ in the event the marketing area were primarily in the fluid milk business, and tensions should not be made. No testi­ expanded to include certain communi­ not continuously associated to a substan­ mony was presented to show whether the ties, particularly those where colleges tial degree with the Inland Empire mar­ present rate should be increased or de­ or universities are located. It was testi­ ket from, “riding” the pool, and thus creased or in what manner the present fied that school vacations might neces­ diluting returns to regular producers. rate schedule is inappropriate. In view sitate the dumping of skim milk in Because of the difference in marketing of this, it is concluded that the location months other than those specified in the practices and functions between distrib­ differential provisions should not be present provision. A milk distributor in uting plants and supply-type plants, two revised. one of the areas proposed for annexation sets of performance standards are pro­ (3) Certain revisions to the classifica­to the present marketing area made a vided in the order. Although not spe­ tion provisions of the order should be similar request in connection with his cifically defined in the order the term made; the prevision relating to the class­ own plant operation. “distributing plant”, for the purpose of ification of skim milk dumped should In view of the decision not to include this discussion, means a plant from not be changed. Shoshone, Whitman and Latah Counties which Class I milk is disposed nf during (a) Handlers have inventories of milkin the marketing area and since no diffi­ the month on routes (including routes and milk products at the beginning and cult problems of milk disposal have operated by vendors) or through plant end of each month which enter into the arisen during the period the order has stores to retail or wholesale outlets (ex­ accounting for the receipts and utiliza­ been in effect, it is concluded that the cept pool plants). In contrast, the term tion of producer milk during the current classification of skim milk dumped “supply plant”, for the purpose of this month. Inventory is intended to include should continue to be made on the basis discussion, refers to a plant (other than stocks on hand of bulk milk and skim currently provided. a distributing plant) from which milk, milk, bottled milk, and other items des­ (c) A handler proposed the reclassi­ skim milk or cream which is acceptable ignated as Class I milk. Manufactured fication of “Mayo’s Cocoa Mix” and sim­ to an appropriate health authority for » Friday, September 13, 1957 FEDERAL REGISTER 7331 distribution in the marketing area is land Empire market through receipt of A distributing plant having more than shipped during the month to a distribut­ equalization payments from the Inland 80 percent of its fluid milk business out­ ing plant which is qualified as a pool Empire pool. side the marketing area or in other out­ plant. There were no proposals to re­ Based on the record of the original lets should not be considered as genu­ vise the delivery performance standards hearing held on the Inland Empire order inely associated with the market. It is applicable to the supply-type plant in on May 24-June 2,1955, it was concluded not considered advisable to bring any qualifying for pool status, and no revi­ in the decision of the Assistant Secretary such plant under full regulation be­ sion of such standards is made. issued January 4, 1956, official notice of cause of the relatively small share of Essential to the operation of a market- which is taken, that any distributing business done in the marketing area. wide pool in this area is the establish­ plant from which less than 5.0 percent of Full regulation in such case, would not ment of delivery performance standards its receipts is disposed of in the market­ be necessary to accomplish the purposes to apply uniformly to all plants similarly ing area during the month should be ex­ of the order, and might well place such situated. Any plant, regardless* of its cluded from the “pool plant” definition. plant at a competitive disadvantage in location, should have equal opportunity This was done in order that a distributor relation to its competitors in supplying to comply with the standards and thereby who might accidentally dispose of some unregulated markets, as well as avoid an to participate in the marketwide pool fluid milk in the area would not be made adverse effect upon the returns of the and have its dairy farmers share in the subject to regulation and to prevent op­ regular Inland Empire producers, Class I sales of the market. Any dairy erators not primarily associated with the Such a minimum is necessary also to farmer whp meets the necessary health market from taking advantage of the avoid the possibility that a distributing inspection requirements should be per­ pooling mechanism by distributing token plant not otherwise associated with the mitted, under the order, to sell his milk quantities of milk in the marketing area. market might qualify itself for equaliza­ to any plant meeting the standards of The above basis for exemption was es­ tion payments to its own advantage, and qualification as a “pool plant”. Whether tablished in the absence of indication in to the disadvantage of the market, by or not plants and dairy farmers choose the original hearing that'pool-riding means of making minor sales in the mar­ to supply the Inland Empire market Will would become a significant problem in keting area. depend on the economic circumstances the Inland Empire market. It is contemplated that only plants with which they are confronted, such A situation of this kind is, however, primarily engaged in route distribution as prices, transportation costs, and al­ quite possible in the Inland Empire mar­ of Class I milk should be qualified as ternative outlets. ket under the terms of the present order. pool plants under this portion of the Performance standards should be such The operator of a cooperative plant lo­ pool plant definition. In order to pre­ that any plant which has as its major cated in the central part of Washington serve this distinction, a further condi­ function the supplying of Grade A milk testified in the recent hearing that his tion for qualification is placed on the to the market may pool its sales and dairy farmers are looking for any pool distributing plant: the total distribu­ share in the marketwide equalization. to which their milk might be shipped to tion therefrom of Class I milk on routes On the other hand, plants only casu­ improve their returns. Such plant, to wholesale or retail outlets both inside ally, or incidentally, associated with the which has only a small portion of its and outside the marketing area during market should not be subject to com­ Grade A milk receipts in Class I milk the month must amount to at least 50 plete regulation, nor should they be per­ uses, is located in an area of relatively percent of its receipts of milk from mitted or required to equalize sales with heavy milk production. It has no out­ dairy farmers and from other plants. all other plants in the market. If a milk lets for milk in the present marketing Any plant which does not qualify on plant were permitted to share on a pro­ area or in the area as proposed to be this basis should be deemed to be pri­ rata basis in the Class I utilization of extended by this decision. The repre­ marily a supply-type plant and its status the entire market without being genuine­ sentative of the plant referred to indi­ under the pool should be judged by the ly associated with the market, the pre­ cated that the milk supply of his plant standards applied to such plants. miums or differentials paid by users of would preferably remain in the pool un­ Those plants from which milk for Class I milk would be dissipated without der the Puget Sound order, where it is Class I uses is distributed regularly in accomplishing their intended purpose. priced currently, if the uniform prices the marketing area on routes at present If a plant were qualified and fully regu­ in the Inland Empire market were re­ may be expected, under normal circum­ lated merely as the result of a token duced by the entry into the pool of addi­ stances, to dispose of milk in such a way shipment therefrom of milk or cream tional plants with substantial Class II as to exceed by a comfortable margin into the market for sale as Class I milk, milk operations. Plants with substantial the minimum performance standards any distributor operating a milk plant quantities of milk in manufacturing uses necessary to qualify as a pool plant. with a smaller share of milk in Class I are located at Ellensburg, Yakima and From time to time there may be, of than the average for all regulated plants Sunnyside, in Washington, and at Wal­ course, plants supplying milk to the mar­ could make such shipment and receive lowa, Oregon, all within a distance from keting area which will not qualify for equalization payments from the pool. which milk could be shipped readily to pool status. Such plants will continue The only qualification such a plant would Spokane. to be subject to partial regulation on be required to meet would be compliance The Inland Empire market, however, the same basis as now provided. with the necessary health inspection would gain no advantage from the pay­ (5) The compensatory payment provi­ standards. ment of equalization to a distributing sion should be applied in the case of Since reserve milk is an essential part plant not having a primary interest in other source milk received by a pro­ of any fluid milk business there will al­ the Inland Empire market. Such a dis­ ducer-handler and utilized as Class I ways be some excess milk in the plants of tribution of equalization payments milk; such payment should not be ap­ handlers supplying other markets. This would, in fact^reduce the uniform prices plied to other source milk received by is particularly true in the months of to producers'regularly supplying the handlers and utilized as Class I milk, or flush production. Plants selling pri­ market, -thereby having an adverse ef­ disposed of as Class I milk in the Inland marily to other markets, or plants ship­ fect on the milk supplies upon which Empire marketing area on routes by ping milk on an opportunity basis to any the market primarily depends. This others, which is classified and priced market where supplies happen to be could result in the need for higher Class under the provisions of another milk short, do not represent sources of milk I prices than would otherwise be re­ marketing agreement and order issued on which the Inland Empire market quired to supply the market adequately pursuant to the act. regularly may depend. If such plants It was stated in the decision of Janu­ were allowed to sell a token quantity of and dependably. In order to qualify as a pool plant, a ary 4. 1956, supporting issuance of the milk in the marketing area and pool original Inland Empire order that “Since their surplus whenever Class I outlets distributing plant therefore should be the order provides for the identification were not available to them, the result required to distribute at least 20 percent of that milk which is subject to total would be that such plants could maxi­ of its Grade A milk from dairy farmers regulation under the order, the possi­ mize returns to their own dairy farmers and other plants during the month as bility remains that some milk will be dis­ at the expense of those producers who Class I milk in the marketing area on posed of in the marketing area as Class supply the long-run needs of the In- retail or wholesale routes. I milk which is not subject to total No. 178------5 7332 PROPbSED RULE MAKING

regulation.” It was stated also that a 1956-January 1957) in the manner of marketing agreement and in the order, as payment at the rate equal to the differ­ producers already on the market. Dur­ hereby proposed to be amended, are such ence between the Class I and Class II ing the ensuing base-operating period prices as will reflect the aforesaid factors, milk prices is necessary on milk not (March 1958-February 1959) bases for insure a sufficient quantity of pure and subject to total regulation to maintain such producers should be computed on wholesome milk, and be in the public the integrity of the pricing and pooling the basis of their deliveries to such plant interest; and provisions of the order. and to other pool plants during the (c) The proposed marketing agree­ The provision in the order which was months September 1957-January 1958. ment and the order, as proposed to be designed to apply compensatory pay­ The order so provides. amended, will regulate the handling of ments at a ratfe equal to the difference The base rules should be clarified so milk in the same manner as, and is ap­ between the Class I and Class II milk that wherever there is a joint operation plicable only to persons in the respective - prices on other source milk used as Class of a farm production unit only one base classes_ of industrial and commercial I milk did not indicate specifically shall apply. The present provision re­ activity specified in, the said marketing whether other source milk received by a quires that where the land, buildings agreement upon which a hearing has producer-handler would be subject to and equipment used are jointly owned been held. the payments. It is concluded that the or operated, one base shall ap­ Rulings on proposed findings and con­ order should be clarified in this respect ply. This language would not apply clusions. Briefs were filed or behalf of so that such payment would apply to all to a situation where the land is owned certain interested parties in the market. other source milk received by a pro­ by one person and the buildings These briefs and the evidence in the ducer-handler, except milk of his own and equipment by another. A number record were considered in making the production and that received by him of similar combinations of resources findings and conclusions set forth above. from a plant regulated by this order or could be established to which the present To the extent that the suggested findings any other marketing agreement or order provision of* the order would not apply. and conclusions set forth in the briefs issued under the statute. The price The intent of the provision would be are inconsistent with the findings and advantage which might otherwise accrue weakened thereby. The language pro­ conclusions set forth herein, the requests would tend to be disruptive in its effect vided will clarify the original intent of to make such findings or reach such on the market in the same manner as the provision. conclusions are denied. other source milk received by a fully Producers and handlers also testified Rulings on exceptions. In arriving at regulated handler and so used. concerning the transfer provisions of the the findings and conclusions, and the It is not deemed necessary, however. base rules. It was their contention that regulatory provisions of this decision, In the circumstances which prevail in the present language of such provision each of the exceptions received was care­ the Inland Empire market to apply the allows a producer to transfer his base fully and fully considered in conjunction compensatory payment to any milk to one person, and to sell his herd to with the record evidence pertaining priced under another milk marketing another. It was proposed that the base thereto. To the extent that the find­ agreement or order issued under the act, accompany the herd in cases where the ings and conclusions, and the regula­ whether such milk is received by a fully herd is sold to another person who pro­ tory provisions of this decision are at regulated handler or distributed in the duces milk for the market. variance with any of the exceptions, such marketing area by a handler who is not It was also contended that present exceptions are hereby overruled for the fully regulated, such as a producer- order language permits a producer to reasons previously stated in this decision. handler. The alignment of prices be­ transfer his current base and then ob­ Marketing agreement and order. An­ tween the Inland Empire market and tain a base as a “new producer” prior to nexed hereto and made a part hereof are other regulated markets which are po­ the next fall base-making period. two documents entitled, respectively, tential sources of milk for the Inland The latter practice would tend to in­ “Marketing Agreemeht regulating the Empire market is such that, after taking flate the total amount of base milk on handling of milk in the Inland Empire transportation costs into account, no the market to the disadvantage of other •Marketing Area”, and “Order amending price advantage is likely to accrue to the producers and should be discouraged. the Order regulating the handling of milk under another similar regulation The base rules therefore are clarified to milk ifi the Inland Empire Marketing when disposed of in the Inland Empire insure that a producer who transfers his Area”, which have been decided upon as market. It is concluded that the Order base after the beginning. of the base- the detailed and appropriate means of should be clarified to accomplish the operating period will not receive a per­ effectuating the foregoing conclusions. above. centage base in the same manner as a It is hereby ordered, That all of this Certain revisions of the order have decision, except the attached marketing been made for the purpose of clarifying producer entering the market for the its terms. Some of these are self-ex­ first time. agreement, be published in the F ederal Although in certain instances under R egister. The regulatory provisions of planatory. Other such changes are dis­ base plans effective only a few months said marketing agreement are identical cussed below. of the* year administrative convenience with those contained in the order as The Dairy Division, Agricultural Mar­ has dictated some limitation on base hereby proposed to be amended by the keting Service, proposed that order lan­ transfers, the transfer of base under a attached order which will be published guage be clarified so that the reporting year-round application of bases may be with this decision. provisions would not apply to milk prod­ left more appropriately to settlement be­ Determination of representative peri­ ucts which are received by a handler tween the parties involved in the trans­ od. The month of June 1957 is hereby in finished or final form. At the time fer, provided that returns to other pro­ determined to be the representative peri­ the order was promulgated, it was not ducers will not be adversely affected od for the purpose of ascertaining intended to include in a handler’s classi­ thereby. In view of the revisions made, it whether the issuance of the attached fication accounts milk products re­ is concluded that other restrictions on order amending the order regu-1 ceived at a pool plant in the form in the transfer of bases are not necessary. lating the handling of milk in the which sold to consumers. The report­ General findings, (a) The proposed Inland Empire marketing area, is ap­ ing section of the order is revised accord­ marketing agreement and the order, as proved or favored by producers, as de-** ingly for clarification. proposed to be amended, and all of the fined under the terms of the order as It is likely .that at least two new pool terms and conditions thereof, will tend hereby proposed to be amended, and who, plants will be qualified immediately as to effectuate the declared policy of the during such representative period, were the result of the marketing area changes act; engaged in the production of milk for provided for herein. Since the effective (b) ”1The parity prices of milk as deter­sale within the aforesaid marketing area. date of the order amendments resulting from this proceeding will be subsequent mined pursuant to section 2 of the act are Referendum Order; Determination of to the beginning of the period used for not reasonable in view of the price of Representative Period; and Designa­ computing bases currently in effect pro­ feeds, available supplies of feeds and tion of Referendum Agent ducers shipping milk to any new pool other economic conditions which affect It is hereby directed that a referendum plant should have bases computed on the market supply and demand for milk in be conducted to determine whether the basis of their deliveries to such plant the said marketing area, and the mini­ issuance of the attached order amending during the same period (September mum prices specified in the proposed the order regulating the handling of milk Friday, September 13, 1957 FEDERAL REGISTER 7333 in the Inland Empire marketing area, is Sec. hereby amended, are such prices as will approved or favored by the producers, as 1008.51 Class prices. reflect the aforesaid factors, insure a defined 1008.52 Butterfat differentials to handlers* sufficient quantity of pure and whole­ under the terms of the brder, as 1008.53 Location adjustment credits to hereby proposed to be amended, and who, handlers. some milk, and be in the public interest; during the representative period, were 1008.54 Use of equivalent prices. (3) The said order as hereby amend­ engaged in the production of milk for sale ed, regulates the handling of milk in within the aforesaid marketing area. DETERMINATION OF BASE the same manner as, and is applicable The month of June 1957 fs hereby de­ 1008.60 Computation of producer bases. only to persons, in the respective classes termined to be the representative peri­ 1008.61 Base rules. of industrial or commercial activity od for the conduct of such referendum. DETERMINATION OF UNIFORM PRICE specified in, a marketing agreement upon which a hearing has been held. Alexander Swantz is hereby designated 1008.70 Computation of value of milk. agent of the Secretary to conduct such 1008.71 Computation of uniform price. (4) All milk and milk products han­ referendum in accordance with the pro­ dled by handlers, as defined in the order cedure for the conduct of referenda to PAYMENTS as hereby amended, are in the current of determine producer approval of milk 1008.80 Time and method of payment to interstate commerce or directly burden, marketing orders, as published in the producers and to cooperative obstruct, or affect interstate commerce in Federal R egister on August 10, 1950 (15 associations. milk or its products; and F. R. 5177), such referendum to be com­ 1008.81 Location adjustments to pro­ (5) It is hereby found that the neces­ ducers. pleted on or before the 10th day from the 1008.82 Producer butterfat differential. sary expense of the market administra­ date this decision is issued. 1008.83 Producer-settlement fund. tor for the maintenance and function­ Issued at Washington, D. C., this 10th 1008.84 Payments to the producer-settle­ ing of such agency will require the pay­ day of September, 1957. m ent fund. ment by each handler, as his pro rata 1008.85 Payments out of the producer- share of such expense, 4'cents per hun­ [seal] D on P aarlberg, setlement fund. dredweight or such amount not to exceed Assistant Secretary. 1008.86 Adjustments of accounts. 4 cents per hundredweight as the Sec­ 1008.87 Marketing services. Order1 Amending the Order Regulating 1008.88 Expense of administration. retary may prescribe, with respect to all the Handling of Milk in the Inland 1008.89 Termination of obligations. receipts within such month of (i) other Empire Marketing Area source milk (except other order milk) EFFECTIVE TIME, SUSPENSION OR TERMINATION classified as Class I milk, and (ii) milk Sec. 1008.90 Effective time. received from producers, including such 1008.0 . Findings and determinations. 1008.91 Suspension or termination. handler’s own production. DEFINITIONS 1008.92 Continuing obligations. 1008.93 Liquidation. Order relative to handling. It is 1008.1 Act. therefore ordered, that on and after the 1008.2 Secretary. MISCELLANEOUS PROVISIONS 1008.3 Department. effective date hereof, the handling of 1008.4 Person. 1008.100 Agents. milk in the Inland Empire marketing 1008.5 Cooperative association. 1008.101 Separability of provisions. area shall be in conformity to and in 1008.6 Inland Empire marketing area. Au th o r ity : §§ 1008.60 to 1008.101 issued compliance with the terms and condir 1008.7 Plant. under sec. 5, 49 Stat. 753, as amended; 7 tions of the aforesaid order, as hereby 1008.8 Pool plant. U. S. C. 608c. 1008.9 Nonpool plant. amended, and the aforesaid order is 1008.10 Dairy farmer. § 1008.0 Findings and determinations. hereby amended as follows: 1008.11 Producer. The findings and determinations here­ definitions 1008.12 Producer milk. inafter set forth are supplementary and 1008.13 Other source milk. in addition to the findings and deter­ § 1008.1 Act. “Act” means Public Act 1008.14 Other order milk. minations previously made in connec­ No. 10, 73d Congress, as amended, and as 1008.15 Handler. tion with the issuance of the aforesaid reenacted and amended by the Agricul­ 1008.16 Producer-handler. tural Marketing Agreement Act of 1937, 1008.17 Base. order and of the previously issued 1008.18 Base milk. amendments thereto; and all of said pre­ as amended (48 Stat. 31, as amended; 7 1008.19 Excess milk. vious findings and determinations are U. S. C. 601 et seq.). MARKET ADMINISTRATOR hereby ratified and affirmed, except in­ § 1008.2 Secretary. “Secretary” sofar as such findings and determina­ means the Secretary of Agriculture, or 1008.20 Designation. tions may be in conflict with the findings 1008.21 Powers. other officer or employee of the- United 1008.22 Duties and determinations set forth herein. States authorized to exercise the powers (a) Findings upon the basis of theor to perform the duties of the said Sec­ REPORTS, RECORDS AND FACILITIES hearing record. Pursuant to the pro­ retary of Agriculture. 1008.30 Monthly reports of receipts and visions of the Agricultural Marketing utilization. Agreement Act of 1937, as amended (7 § 1008.3 Department. “Department” 1008.31 Payroll reports. U. S. C. 601 et seq.), and the applicable means the United States Department of 1008.32 Other reports. rules of practice and procedure govern­ Agriculture or such other Federal agency 1008.33 Records and facilities. ing the formulation of marketing agree­ authorized to perform the price report­ 1008.34 Retention of records. ments and marketing orders (7 CFR Part ing functions specified in this subpart. 1008.35 Handler report to producers. 900), a public hearing was held upon § 1008.4 Person. “Person” means any CLASSIFICATION certain proposed amendments to the individual, partnership, corporation, as­ 1008.40 Skim milk and butterfat to he tentative marketing agreement and to sociation, or any other business unit. classified. the order regulating the handling of 1008.41 Classes of utilization. milk in the Inland Empire marketing § 1008.5 Cooperative association. 1008.42 Shrinkage. area. Upon the basis of the evidence “Cooperative association” means any co­ 1008.43 Responsibility of handlers and re­ introduced at such hearing and the operative marketing association of pro­ classification of milk. record thereof, it is found that: ducers, duly organized as such under the 1008.44 Interplant movements. ( 1 ) The said order as hereby amended, laws of any State, which indudes mem­ 1008.45 Computation of the quantity of bers who are producers as defined in producer milk in each class. and all of the terms and conditions thereof, will tend to effectuate the de­ § 1008.11 and which the Secretary deter­ MINIMUM PRICES clared policy of the act; mines, after application by the 1008.50 Basic formula price to be used in (2) The parity prices of.milk, as deter­association: determining Class I prices. mined pursuant to section 2 of the act, (a) To -be qualified under the stand­ are not reasonable in view of the price ards set forth in the act of Congress of This order shall not become effective un ­ of feeds, available supplies of feeds, and February 18,1922, as amended, known as less and until the requirements of § 900.14 other economic conditions which affect the “Capper-Volstead Act”; of the rules of practice and procedure gov­ erning proceedings to formulate marketing market supply and demand for milk in (b) To have its entire organization agreements and marketing orders have been the said marketing area, and the mini­ and all its activities under the control of mum prices specified in the order as its members; and 7334 PROPOSED RULE MAKING

(c) To be currently engaged in makingin the current month during the period Secretary determines to be subject to the collective sales of or marketing milk or October through December, and 20 per­ pricing and payment provisions of any its products for its members. cent in the current month during the other Federal milk marketing agreement f § 1008.6 Inland Empire marketing period January through September, ex­ or order issued pursuant to the act for area. “Inland Empire marketing area’’ cept if the percentage forwarded was any other milk marketing area. (hereinafter called the “marketing more than 50 percent of such receipts § 1008.15 Handler. “Handler” means; area”) means that portion of Bonner for the entire period October through (a) Any person engaged in the han­ County, Idaho, lying south of Township December, no percentage shall be re­ dling of milk in his capacity as the oper­ 60 and west of Range 2 East Boise Merid­ quired for such months of January ator of a pool plant (s) or any other plant ian; all of Kootenai County, Idaho, ex­ through September immediately follow­ from which milk in any of the forms cept that portion lying east of Range 3 ing: And provided further, That any such specified in § 10Q8.41 (a) (1), (2) and (3) West Boise Meridian and south of Town­ plant which otherwise meets the require­ is disposed of, either directly or indi­ ship 53; Boundary County, Idaho; Bene­ ments of this paragraph but is not a rectly, to any place or establishment wah County, Idaho; Spokane County, plant qualified as a pool plant under par­ within the marketing area other than a Washington; that portion of Pend Oreille agraph (a) of this section may withdraw plant. County, Washington, lying south of from pool plant status for any month in (b) Any cooperative association, which Township 35; and that portion of the January-September period if the op­ is not a handler pursuant to paragraph Stevens County, Washington, lying erator of such plant files with the market (a) of this section, with respect to pro­ south of Township 37. This definition administrator prior to the first day of ducer milk caused to be diverted from a shall include all municipal corporations, such month a written request for such pool plant to a nonpool plant for the Federal military reservations, facilities, withdrawal. account of such association. and installations and State institutions § 1008.9 Nonpool plant. “Nonpool § 1008.16 Producer-handler. “Pro­ lying wholly or partly within the above- plant” means any plant/ other than a ducer-handler” means any person who is described area. pool plant. both a dairy farmer and a handler, but § 1008.7 Plant. “Plant” means the § 1008.10 Dairy farmer. “Dairy who receives no milk from other dairy land, buildings, surroundings, facilities farmer” means any person who operates farmers: Provided, That such person and equipment, whether Owned or oper­ a farm engaged in the production of provides proof satisfactory to the market ated by one or more persons, constituting milk. administrator that (a) the maintenance, a single operating' unit or establishment § 1008.11 Producer. “Producer” care, and management of all the dairy which is maintained and operated pri­ means any dairy farmer, other than a animals and other resources necessary to marily for the receiving, handling, or producer-handler, who produces milk of produce the entire amount of milk han­ processing of milk or milk products: dairy cows under a dairy farm permit dled is the personal enterprise of and at Provided, That this definition shall not or rating issued by an appropriate health the personal risk of such person in his include any platform or depot used pri­ authority having jurisdiction in the capacity as: a dairy farmer, and (b) the marily for the transfer of milk from one marketing area for the production of operation of a plant is the personal en­ conveyance to another in the original milk qualified for disposition to consum­ terprise of and at the personal risk of milk containers. ers in fluid form within the marketing such person in his capacity as a handler. § 1008.8 Pool plant. “Pool plant” area. § 1008.17 Base. “Base” means a means any plant, other than the plant of § 1008.12 Producer milk. “Producer quantity of milk, expressed in pounds a producer-handler or a plant at which milk” or “milk received from producers” per day or per month, computed pursu­ the milk of dairy farmers is priced by means milk of any producer qualified ant to § 1008.60 (a) and (b), respectively. another milk marketing agreement or as described in §[.1008.11 and either (a) § 1008.18 Base milk. “Base milk” order issued pursuant to the act, which received directly from a farm at a pool means milk received from a producer at is approved by any health authority hav­ plant, or (b) caused to be diverted by a a pool plant during the month in an ing jurisdiction in the marketing area handler for his account from such plant amount which is not in excess of : as a plant for the receiving of milk quali­ to a nonpool plant during any of the (a) Such producer’s daily base com­ fied for consumption as fluid milk in the months of February through August: puted pursuant to § 1008.60 (a) multi­ marketing area and from which: Provided, That milk from the same pro­ plied by the number of days of delivery in (a) Class I milk pursuant to § 1008.41 ducer (or from a producer who previ­ such month: Provided, That with respect (a) (1), (2) and (3) in an amount not ously held such producer's base) was re­ to any producer on “every-other-day” less than 20 percent of its receipts-of ceived at a pool plant during some por­ delivery to a pool plant the intervening milk qualified as described in § 1008.11 is tion of the period September through days of nondelivery shall be considered distributed within the marketing area on. January immediately preceding: And as days of delivery for the purposes of routes (for the purpose of this section provided further, That for all purposes this section and § 1008.60; or route shall mean a delivery to retail or under this order such diverted milk shall (b) His base computed pursuant to wholesale outlets, including delivery by be deemed to have been received at the § 1008.60 (b). a vendor or a sale from a plant or plant pool plant from which diverted. § 1008.19 Excess milk. “Excess milk” store of milk or any milk product classi­ § 1008.13 Other source milk. “Other means milk delivered by a producer in fied as Class I milk pursuant to § 1008.41 excess of base milk. (a) (1), (2) or (3) other than a delivery source milk” means all skim milk and to another pool plant): Provided, That butterfat contained in: MARKET ADMINISTRATOR the total quantity of Class I milk dis­ (a) Receipts of milk and milk prod­ § 1008.20 Designation. The agency posed of from such plant during the ucts in any of the forms specified in for the administration of this part shall month either inside or outside the mar­ § 1008.41 (a) (1), (2) and (3) (includ­ be a market administrator, selected by keting area on routes is not less than 50 ing other order milk) , except (1) such the Secretary, who shall be entitled to percent of such plant’s total receipts of milk and milk products received from a such compensation as may be designated milk qualified as described in § 1008.11; pool plant (s) and (2) producer milk; by, and shall be subject to removal at or and the discretion of, the Secretary. (b) Milk, skim milk, or cream is for­ - (b) Products other than those speci­ warded to a plant described in paragraph fied in § 1008.41 (a) (1), (2) and (3). § 1008.21 Powers. The market ad­ (a) of this section: Provided, That no from any source (including those pro­ ministrator shall have the following plant forwarding milk iri such manner duced at the plant) which are reproc­ powers with respect to this part: shall be a pool plant if the percentage essed or converted to another product in (a) To administer its terms and pro­ which the quantity of either butterfat or the plant during the month. visions ; . skim milk in milk, skim milk, and cream § 1008.14 Other order milk. “Other (b) To receive, investigate, and report so forwarded is of the amount thereof order milk” means all skim milk and but­ to the Secretary complaints of viola­ contained in milk (qualified as described terfat in any of the forms specified in tions; in § 1008.11) received from dairy farm­ § 1008.41 (a) (1), (2) or (3), received by (c) To make rules and regulations to ers at such plant is less than 50 percent a handler but the handling of which the effectuate its terms and provisions; and Friday, September 13, 1957 FEDERAL REGISTER 7335 (d) To recommend amendments to (j) On or before the 12th day after Class II milk in § 1008.41 disposed of in the Secretary. the end of each month, notify: the form in which received without fur­ (1) Each handler whose total valuether processing by the handler) ; § 1008.22 Duties. The market ad­ of milk is computed pursuant to § 1008.70 (d) Inventories of items included in ministrator shall perform all duties nec­ (a) of: Class I milk on hand at the beginning essary to administer the terms and pro­ (1) The amounts and values of his of the month; and visions of this part, including but not producer milk in each class and the (e) The utilization of all skim milk limited to the following: totals of such amounts and values; and butterfat required to be reported (a) Within 30 days following the date (ii) The amount of any charge made pursuant to this section, including (1) on which he enters upon his duties, or pursuant to § 1008.70 (a) (5); the pounds of skim milk and butterfat such lesser period as may be prescribed (iii) The uniform prices for base milk on hand at the end of each month as by the Secretary, execute and deliver to and excess milk; items included in Class I milk; and (2) the Secretary a bond effective as of the (iv) The totals of the amounts com­ a separate statement as to the amount date on which he enters upon such duties puted in the manner provided by § 1008.- of Class I milk disposed of on wholesale and conditioned upon the faithful per­ 80 (a ); or retail routes (other than to plants) formance of such duties, in an amount (v) The amount due such handler entirely outside the marketing area. and with surety thereon satisfactory to from the producer-settlement fund or (f) The aggregate quantities of base the Secretary; the amount to be paid by such handler milk and excess milk recçived; and (b) Employ and fix the compensation to the producer-settlement fund, as the (g) Such other information with re­ of such persons as may be necessary to case may be; and spect to such receipts and utilization as enable him to administer its terms and (vi) The totals of the amounts re­ the market administrator may prescribe. provisions; quired to be paid by such handler pur­ (c) Obtain a bond in a reasonable suant to §§ 1008.87 and 1008.88. § 1008.31 Payroll reports. On or be­ amount and with reasonable surety (2) Each handler whose total value of fore the 20th day of each month, each thereon covering each employee who milk is computed pursuant to § 1008.70 handler shall submit to the market ad­ handles funds entrusted to the market (b) of the pounds of other source milk ministrator his producer payroll for de­ administrator; on which payment is required to be made liveries of the preceding month which (d) Pay out of funds provided by and the amount due the producer-settle­ shall show: § 1008.88 the cost of his bond and of the ment fund from such handler. (a) The total pounds of base milk and bonds of his employees, his own com­ (k) Publicly announce by posting in the total pounds of excess milk received pensation, and all other expenses (ex­ a conspicuous place in his office and by from each producer, the pounds of but­ cept those incurred under § 1008.87) nec­ such other means as he deems appropri­ terfat contained in such milk, and the essarily incurred by him in the mainte­ ate the prices determined for each month number of days on which milk was de­ nance and functioning of his office and as follows: livered by such producer in such month; in the performance of his duties; (l) On or before the 6th day of each (b) The amount of payment to each (e) Keep such books and records as month the minimum price for Class I producer and cooperative association; will clearly reflect the transactions pro­ milk pursuant to § 1008.51 (a) and the and vided for in this part, and upon request Class I butterfat differential pursuant (c) The nature and amount of any by the Secretary surrender the same to to § 1008.52 (a), both for the current deductions or charges involved in such such other person as the Secretary may month; and the respective minimum payments. designate. prices for Class II A milk and Class II § 1008.32 Other reports, (a) At such (f ) Submit his books and records to milk pursuant to § 1008.51 (b) and (c) times and in such manner as the market examination by the Secretary and fur­ and the Class II butterfat differential administrator may prescribe each han­ nish such information and reports as pursuant to § 1008.52 (b), both for the dler shall report to the market adminis­ may be requested by the Secretary; preceding month; and trator such information in addition to (g) Audit all reports and payments by (2) On or before the 12th day of eachthat required under § 1008.30 as may be each handler by inspection of such han­ month, the uniform price (s) computed requested by the market administrator dler’s records and of the records of any pursuant to § 1008.71 and the butterfat with respect to milk and milk products other handler or person upon whose differential(s) computed pursuant to handled by him. utilization the classification of skim milk § 1008.82, both applicable to producer (b) As requested by the market ad­ or butterfat for such handler depends; milk received during the preceding ministrator, each producer-handler shall (h) Publicly announce, at his discre­ month. report to the market administrator rela­ tion, unless otherwise directed by the (1) Prepare and disseminate to thetive to his receipts, utilization, and dis­ Secretary, by posting in a conspicuous public such statistics and information as position of milk and milk products. place in his office and by such other he deems advisable and as do not reveal (c) As requested by the market ad­ means as he deems appropriate, the confidential information. ministrator, each handler shall report the name of any person who, within 10 days total quantity of milk received from after the day upon which he is required REPORTS, RECORDS, AND FACILITIES each producer and the number of days to perform such acts, has not: § 1008.30 Monthly reports of receipts of such delivery for each month begin­ (1) Made reports pursuant to and utilization. On or before the 7th ning with September 1956. §§ 1008.30 to 1008.32, inclusive; or day of each month, in the detail and on (2) Made one or more of the payments forms prescribed by the market adminis­ § 1008.33 Records and facilities. Each pursuant to §§ 1008.80 to 1008.88, trator, each handler shall submit to the handler shall maintain and make avail­ inclusive. market administrator a report for such able to the market administrator or to (i) On or before the 16th day after handler’s pool plant(s) and with respect his representative during the usual hours the end of each month, report to each to milk or milk products subject to pay­ of business such accounts and records cooperative association (or- its duly ments required under § 1008.70 (b), con­ of his operations (and summaries thereof designated agent) which so requests the taining the following information for the customarily maintained) and such fa­ class utilization of milk caused to be de­ preceding month: cilities as are necessary for the market livered by such cooperative association (a) The quantities of skim milk and administrator to verify or to establish directly from farms of producers who are butterfat contained in milk received the correct data with respect to the in­ members of such cooperative association from producers: formation required to be reported pur­ to each handler to whom the cooperative Cb) The quantities of skim milk and suant to §§ 1008.30, 1008.31, and 1008.32 association sells milk. For the purpose butterfat contained in milk and milk and to payments required to be made of this report, the milk caused to be so products received from other handlers; pursuant to §§ 1008.80 through 1008.88. delivered by such cooperative association (c) The quantities of skim milk and § 1008.34 Retention of records. All shall be prorated to each class in the butterfat contained in other source milk books and records required under this Proportion that the total receipts of pro­ (including other order milk) received order to be made available to the market ducer milk by such handler were used (except manufactured milk products of administrator shall be retained by the m each class; the types covered by Class II A milk and handler for a period of three years to 7336 PROPOSED RULE MAKING

begin at the end of the month to which milk drinks not sterilized (but not in­ § 1008.43 Responsibility of handlers such books and records pertain: Pro­ cluding (i) those products commonly and reclassification of milk, (a) All vided, That if, within such three-year known as evaporated milk, condensed skim milk and butterfat shall be Class period, the market administrator notifies milk, and condensed skim milk, (ii) fla­ I milk unless the handler who first re­ the handler in writing that the retention vored milk or flavored milk drink ster­ ceived such skim milk or butterfat proves of such books and records, or of specified ilized and packaged in metal containers that such skim milk and butterfat books and records, is necessary in con­ hermetically sealed; and -(iii) any item should be classified as Class II milk. nection with a proceeding under section named in this subparagraph disposed of 8 (c) (15) (A) of the act or a court pursuant to paragraph (b) (3) of this (b) The burden shall rest upon each action specified in such notice, the han­ section) ; (3) disposed of as any fluid handler to establish the sources of milk dler shall retain such books and records, mixture containing cream and milk or and milk products required to be re­ or specified books and records, until fur­ skim milk (but not including ice cream ported by him pursuant to § 1008.30. ther written notification from the market and other frozen dessert mixes disposed (c) Except as provided in § 1008.44 adminstrator. In either case the market of to a commercial processor, cocoa (b) (1), any skim milk or butterfat clas­ administrator shall give further written mixes, any mixture disposed of in con­ sified on the basis of its use in one prod­ notification to the handler promptly tainers or dispensers under pressure for uct shall be reclassified if used or reused upon the termination of the litigation or the purpose of dispensing a whipped or by any handler in another product. when the records are no longer necessary aerated product, evaporated or con­ § 1008.44. Inter-plant movements. in connection therewith. densed products, eggnog and yogurt); Skim milk and butterfat transferred as § 1008.35 Handler report to producers. (4) shrinkage of producer milk in excess any, item specified in § 1008.41 (a) (1),

not be increased or decreased more than plant to the City Hall, Spokane, Wash­ milk until March 1 next following such 50 cents for any month because of the ington. transfer. current supply-demand ratio: § 1008.54 Use of equivalent prices. (b) A producer who ceases deliveries If for any reason a price quotation re­ to a pool plant for more than 45 consecu­ Month to which Standard Months used in com­ tive days shall lose his base if computed applicable percent­ puting current supply- quired by this part for computing class ages • demand ratio prices or for other purposes is not avail­ pursuant to § 1008.60 (a) and if he re­ able in the manner described, the mar­ sumes deliveries to such a plant he shall January______84 October-November. ket administrator shall use a price be paid on a base determined pursuant February_____ 83 November-December. determined by the Secretary to be equiv­ to § 1008.60 (b) until he can establish a March______80 December-J anuary. new base under § 1008.60 (a), to begin the April______82 J anuary-February. alent to the price which is required. May______81 February-M arch. next March 1. June...... 79 March-April. DETERMINATION OF BASE (c) By notifying the market adminis­ July...... 70 April-May. August...... 64 May-June. § 1008.60 Computation of producer trator in writing on or before the 15th September...... 66 June-July. day of any month, a producer holding a October...... 69 July-August. bases. Subject to the rules set forth in November...... 75 August-September. § 1008.61 the market administrator shall base established pursuant to § 1008.60 (a) December____ 81 September-October. determine bases for producers in the may relinquish such base by cancella­ following manner: tion, and effective from the first day of § 1008.52 Butterfat differentials to (a) The daily base of each producer the month in which notice is received by handlers. If the average butterfat con­ whose milk was received at a pool the market administrator until the next tent of Class I milk or Class II milk, com­ plant(s) on not less than 120 days dur­ March 1 such producer’s base shall be puted pursuant to §' 1008.45, for any han­ ing the months of September through computed in the manner provided by dler for any month differs from 4.0 per­ January, inclusive, shall be an amount § 1008.60 (b). cent, there shall be added to, or sub­ computed by dividing such producer’s (d) As soon as bases computed by the tracted from, the applicable class price total pounds of milk delivered to a pool market administrator under § 1008.60 (a) (§ 1008.51) for each one-tenth of 1 per-, plant in such five-month period by the and (b) are allotted, notice of the cent that the average butterfat content number of days from the date of his amount of each producer’s base shall be of such class is respectively above, or be­ first delivery to the end of such five- given by the market administrator to low, 4.0. percent, a butterfat differential month period: Provided, That the daily the handler receiving such producer’s computed by the market administrator base of any producer who delivered milk milk and to the cooperative association of as follows: on not less than 120 days during such which the producer is a member. Each (a) Class I milk. Add 3 cents to the September-January period to a plant handler, following receipt of such notice, simple average of the daily wholesale which subsequently qualified as a pool shall promptly post in a conspicuous selling prices per pound (using the mid­ plant shall be computed, in similar man­ place at each of his plants a list (or lists) point of any price range as one price) of ner, on the basis of such producer’s de­ showing the base of each producer whose Grade AA (93-score) bulk creamery but­ liveries to such plant in such September- milk is received at such plant. ter at Chicago, as reported by the De­ January period. The base so computed, (e) If a producer operates more than partment during the preceding month, which shall be recomputed each year, one farm, he shall establish a separate multiply the result by 0.123, and round shall become effective on the first day base with respect to producer milk de­ to the nearest tenth of a cent: Provided, of March next following and shall re­ livered from each such farm. That if no price is reported for Grade AA main in effect through the month of (f) Only producers as defined in (93-score) butter, the highest of the February of the next succeeding year. § 1008.11 may establish or earn a base prices reported for Grade A (92-score) (b) The base of any producer who is pursuant to the provisions of § 1008.60 butter for that day shall be used in lieu not eligible to receive a base computed (a) or (b) and only one base shall be al­ of the price for Grade AA (93-score) pursuant to paragraph (a) of this section lotted with respect to milk produced by butter. (including any producer for whom a base two or more persons where the land, (b) Class II milk and Class 11-A milk. may not be computed pursuant to this buildings, or equipment used are jointly Add 3 cents to the simple average of the section because of lack of available in­ owned or operated. daily wholesale selling prices per pound formation concerning such producer’s DETERMINATION OF UNIFORM PRICE (using the midpoint of any price range deliveries in the applicable September- as one price) of Grade AA (93-score) January period) shall be a quantity, to be § 1008.70 Computation of value of bulk creamery butter at Chicago, as re­ effective for the current month only, milk, (a) The total value of milk re­ ported by the Department, during the computed by multiplying his deliveries to ceived during any month by each month, multiply the result by 0.115, and a pool plant(s) during the month by handler, including any cooperative as­ round to the nearest tenth of a cent: the appropriate monthly percentage in sociation which is a handler, shall be a Provided, That if no price is reported for the following table: sum of money computed by . the market administrator as follows: Grade AA (93-score) butter, the highest January . . . 80 J u ly ------of the prices reported for Grade A (92- 65 (1) Multiply the pounds of producer February __ 75 A u g u st______70 milk in each class for such month by the score) butter for that day shall be used March 70 75 in lieu of the price for Grade AA (93- April __ 60 October __ 80 class price (§ 1008.51) and add together score) butter. May 60 November — 80 the resulting amounts; June __ 60 December __ 80 (2) Deduct the total amount of all § 1608.53 Location adjustment cred­ location adjustment credits computed in its to handlers. The price for Class I § 1008.61 Base rules. The following accordance with § 1008.53; milk at a pool plant located more than rules shall be observed in determination (3) Add or subtract, as the case may 50 miles from the City Hall, Spokane, of bases: be, the amount necessary to correct er­ Washington, shall be, regardless of point (a) A base computed pursuant to rors as disclosed by the verification of the of sale within or outside the marketing § 1008.60 (a) may be transferred in its reports of such handler of his receipts area, the same as the price for Class I entirety to another producer upon writ­ and utilization of skim milk and butter­ milk pursuant to § 1008.51 (a), less a lo­ ten notice to the market administrator on fat in previous months for which pay­ cation adjustment per hundredweight of or before the last day of the month of ment has not been made. milk computed as follows: 3 cents for transfer, but only if a producer sells, (4) Add, if such handler had overage, each 10 miles, or major fraction thereof, leases, or otherwise conveys his herd to an amount computed by multiplying the up to 100 miles, an additional 2.0 cents the same producer and it is established pounds of such overage (except overage for each 10 miles, or major fraction prorated to other source milk) deducted thereof, for distances in excess of 100 to the satisfaction of the market ad­ from each class pursuant to § 1008.45 by miles but not more than 200 miles, and ministrator that the conveyance of the the applicable class price: Provided, That an additional 1.0 cent for each 10 miles, herd was bona fide and not for the pur­ if (i) overage results in a pool plant hav­ or major fraction thereof, in excess of pose of evading any provision of this ing receipts of other source milk, the 200 miles, by the shortest hard-surfaced part: Provided, That all deliveries of milk total overage shall be prorated between highway distance, as determined by the by a producer who has transferred his other source milk and all other receipts, market administrator, from such pool base to another producer shall be excess and (ii) overage results in a nonpool Friday, September 13, 1957 FEDERAL REGISTER 7339 plant located on the same premises as a handlers who made the reports pre­ after the end of such month: And pro­ pool plant, such overage shall be pro­ scribed in § 1008.30 and who made the vided further, That, if by such date such rated between the quantity transferred payments pursuant to § 1008.84 for the handler has not received full payment from the pool plant and other source preceding month; for such month pursuant to § 1008.85, he jpilk in such nonpool plant, and the (b) Add the aggregate of values of shall not be deemed to be in violation of transferor handler shall be charged at the location adjustments on base milk this paragraph if he reduces uniformly the applicable class price for the amount allowable pursuant to § 1008.81; for all producers his payments per hun­ of overage allocated to the transferred (c) Add an amount representing not dredweight pursuant to this paragraph quantity. less than one-half the unobligated cash by a total amount not in excess of the (5) Add, with, respect to other source balance in the producer-settlement reduction in payment from the market milk (including overage allocated to fund; administrator; however, the handler other source milk but excluding other or­ (d) Subtract, if the average butterfat shall make such balance of payment uni­ der milk) received at each pool plant of content of the milk represented by the formly to those producers to whom it is such handlèr in excess of the total vol­ values included under paragraph (a) of due on or before the date for making ume of his Class II milk (except allow­ this‘section is greater than 4 percent, payments pursuant to this paragraph able shrinkage) at such plant, an amount or add, if such average butterfat content next following that on which such bal­ computed by multiplying the- hundred­ is less than 4 percent, an amount com­ ance of payment is received from the weight of such other source milk by the puted by multiplying the amount by market administrator. difference between the Class I milk and which the average butterfat content of (1) At not less than the uniform price Class II milk (other than Class II A) base and excess milk varies from 4 per­ for base milk for the quantity of base prices adjusted, respectively, by the but- cent by the appropriate butterfat differ­ milk received, adjusted by the location terfat differentials provided in § 1008.52 entials computed pursuant to § 1008.82, adjustment computed pursuant to (based on the butterfat test of such other and multiply the resulting figures by the § 1008.81 and by the butterfat differential source milk) : Provided, That if the respective hundredweights of base and computed pursuant to § 1008.82. plant supplying such milk is located out­ excess milk; (2) At not less than the uniform price side the marketing area and more than (e) Multiply the hundredweight of for excess milk for the quantity of excess 50 miles from the City Hall, Spokane, excess milk by the Class II (other than milk received, adjusted by the butterfat Washington, the rate of payment per Class n A) price for 4.0 percent milk; differential computed pursuant to hundredweight of milk otherwise re­ (f) Compute the total value of base § 1008.82. quired by this subparagraph shall be re-« milk by subtracting the amount com­ (b) On or before the 16th day after duced by the rate of location adjustment puted pursuant to paragraph (e) of this the end of each month each handler provided in § 1008.53 for the distance section from the net amount computed shall pay to each cooperative association such plant is located from the City Hall, pursuant to paragraph (d) of this sec­ which operates a pool plant for skim milk Spokane, Washington, but not to exceed tion: Provided, That if such result is and butterfat received from such coop­ $1.90 per hundredweight. greater than an amount computed by erative association during such month, (6) Add the amount computed by multiplying the hundredweight of base an amount of money computed by mul­ multiplying the différence between the milk by the Class I milk price (for 4.0 tiplying the total pounds of such skim Class n price (§ 1008.51 (c) ) for the pre­ percent milk) plus 4 cents, such amount milk and. butterfat in each class (pursu­ ceding month and the Class I milk price in excess thereof shall be subtracted from ant to § 1008.41) by the class price. for the current month by the hundred­ the result obtained prior to this proviso; (c) None of the provisions of this sec­ weight of skim milk and butterfat re­ (g) Divide the net amount obtained in tion shall be construed to restrict any maining in Class II milk after the cal­ paragraph (f) of this section by the total cooperative association qualified under culations pursuant to § 1008.45 (b) (4) hundredweight of base milk and subtract section 8c (5) (F) of the act from making and (c) for the preceding month or the not less than 4 cents"*‘but less than 5 payment for milk to its producers in hundredweight of skim milk and butter­ cents. This result shall be known as the accordance with such provision of the fat subtracted from Class I milk pur­ uniform price per hundredweight of base act. milk of 4.0 percent butterfat content; suant to § 1008.45 (b) (3) and (c) for § 1008.81 Location adjustments to the current month, whichever is less. and (h) Divide the sum of the amount ob­ producers. In making payment to pro­ (b) The value of milk (except other ducers pursuant to § 1008.80 for milk order milk) of each handler at any plant tained in paragraph (e) of this section and any amount subtracted pursuant to received at a pool plant to which the where only other source milk was re­ provisions of § 1008.53 apply, the uniform ceived and from which, during the the proviso of paragraph (f) of this sec­ tion by the hundredweight of excess price per hundredweight for base milk month, some other source milk was dis­ shall be reduced at the same rate per posed of in the marketing area as any milk, and subtract any fractional part of one cent. This result shall be known as hundredweight as is applicable to Class I item included in Class I milk pursuant to milk at such plant pursuant to § 1008.53. § 1008.41 (a) (1), (2), or (3) shall be a the uniform price per hundredweight of sum of money computed by the market excess milk of 4.0 percent butterfat § 1008.82 Producer butterfat differen­ administrator by multiplying the hun­ content. tial. In making payments pursuant to dredweight of other source milk so dis­ PAYMENTS § 1008.80 (a) for base milk and for ex­ posed of by the difference between the § 1008.80 Time and method of pay­ cess milk, there shall be added to, or Class I and Class II milk (other than ment to producers and to cooperative as­ subtracted from, the uniform prices Class II A) prices, adjusted by the but­ sociations. (a) On or before the 17th thereof for each one-tenth of 1 percent terfat differentials provided in § 1008.52' day after the end of each month, each that the average butterfat content of the (based on the butterfat test of such other handler, including a cooperative associ­ milk received from the producer is above source milk), and by the same rate of ation which is a handler, shall make or below 4.0 percent, butterfat differen­ location differential), if any, provided in payment to each producer, for milk re­ tials computed by the market adminis­ paragraph (a) (5) of this section: Pro­ ceived at his plant from such producer trator as follows: vided, That a producer-handler shall not during such month pursuant to sub- (a) The butterfat differential for base be obligated for payments under this paragraphs (1) and (2) of this para­ milk shall be computed by multiplying paragraph with respect to that portion graph: Provided, That such payment the butterfat differential for Class I milk of other source milk represented by his shall be made, upon request, to a coop­ by the percentage of the butterfat con­ own farm production. erative association, or to its duly au­ tained in base milk that is allocated to Class I, and by multiplying the remaining § 1008.71 Computation of uniform thorized agent, qualified under § 1008.5 with respect to milk received from each percentage of butterfat within base milk price. For each month the market ad­ by the butterfat differential for Class II ministrator shall compute the uniform producer who has given such association milk, adding together the resulting prices per hundredweight for base milk authorization by contract or by other amounts, and rounding to the nearest and excess milk received from producers written instrument to col]ect the pro­ tenth of a cent. as follows: ceeds from the sale of his milk, and any (b) The butterfat differential for ex­ (a) Combine into one total the values payment made pursuant to this proviso cess milk shall be the same as the butter­ computed pursuant to § 1008.70 for all shall be made on or before the 16th day fat differential for Class II milk. No. 178------6 7340 PROPOSED RULE MAKING

§ 1008.83 Producer-settlement fund. (1) All milk received from producers ing that such money is due and payable. The market administrator shall establish at a plant not operated by a cooperative Service of such notice shall be complete and maintain a separate fund known as association; upon mailing to the handler’s last known the “producer-settlement fund,” into (2) All milk received at a plant op­ address, and it shall contain, but need which he shall deposit all payments made erated by a cooperative association from not be limited to, the following in­ by handlers pursuant to § 1008.84 and producers who are not members of such formation. out of which he shall make all payments association; and (1) The amount of obligation; to handlers pursuant to § 1008.85. (3) All milk received at a plant op­ (2) The month(s) during which the § 1008.84 Payments to the producer- erated by a cooperative association(s) milk, with respect to which the obliga­ settlement fund, (a) On or before the from producers who are members thereof tion exists, was received or handled; and 14th day after the end of the month dur­ but for whom any of the services set forth (3) If the obligation is payable to one ing which the milk was received, each below in this paragraph is not being per­ or more producers or to an association oi handler, including a cooperative associa­ formed by such association (s), as deter­ producers, the name of such producer (s) tion which is a handler, whose obligation mined by the market administrator. or association of producers, or if the ob­ is computed pursuant to § 1008.70 (a) Such deduction shall be paid by the ligation is payable to the market ad­ shall pay to the market administrator handler to the market administrator on ministrator, the account for which it is the amount, if any, by which the total or before the 14th day after the end of to be paid. value of such handler’s milk as deter­ the month. Such moneys shall be ex­ (b) If a handler fails or refuses, with mined pursuant to § 1008.70 is greater pended by the market administrator for respect to any obligation finder this part, than the value of such handler’s produc­ the verification of weights, sampling and to make available to the market admin­ er milk computed at the minimum uni­ testing of milk received from producers istrator or his representatives all books form prices as specified in § 1008.80 (a). and in providing for market information and records required by this order to be (b) Each handler (including any han­ to producers; such services to be per­ made available, the market administra­ dler who may also have an obligation formed in whole or in part by the market tor may, within the two-year period pro­ pursuant to paragraph (a) of this sec­ administrator or by an agent engaged by vided for in paragraph (a) of this sec­ tion) who disposes of milk as described and responsible to him. tion, notify the handler in writing of in § 1008.70 (b) shall pay the amount (b) In the case of each producer (1) such failure or refusal. If the market computed for him pursuant to such who is a member of, or who has given administrator so notifies a handler, the paragraph. written authorization for the rendering said two-year period with respect to such § 1008.85 Payments out of the pro­ of marketing services and taking of de­ obligation shall not begin to rim until the ducer-settlement fund. On or before duction therefor to, a cooperative as­ first day of the month following the the 15th day after the end of the month sociation, (2) whose milk is received at month during which all such books and during which the milk was received, the a plant not operated by such association, records pertaining to such obligation are màrket administrator shall pay to each and (3) for whom the market adminis­ made available to the market adminis­ handler, including a cooperative asso­ trator determines that such association trator or his representatives. ciation which is a handler, the amount, is performing the services described in (c) Notwithstanding the provisions of if any, by which the total value of such paragraph (a) of this section, each paragraphs (a) and (b) of this section, handler’s milk as determined pursuant handler shall deduct, in lieu of the de­ a handler’s obligation under this part to to § 1008.70 is less than the value of such duction specified under paragraph (a^ pay money shall not be terminated with handler’s producer milk computed at the of this section, from the payments made respect to any transaction involving minimum uniform prices as specified in pursuant to § 1008.80 (a) the amount fraud or willful concealment of a fact, § 1008.80 (a), and less any unpaid obliga­ per hundredweight of milk authorized by material to the obligation, on the part of tions of such handler to the market ad­ such producer ahd shall pay over, on the handler against whom the obligation ministrator pursuant to §§ 1008.84, or before the 16th day after the end of is sought to be imposed. 1008.86, 1008.87, and 1008.88: Provided, the month, such deduction to the as­ (d) Any obligation on the part of the That, if the balance in thé producer- sociation entitled to receive it under this market administrator to pay a handler settlement fund is insufficient to make paragraph. any money which such handler claims to all payments pursuant to this para­ § 1008.88 Expense of administration. be due him under the terms of this part graph, the market administrator shall As his pro rata share of the expense of shall terminate two years after the end reduce uniformly such payments . and administration of this part, each of the month during which the milk in­ shall complete such payments as soon handler, including any cooperative as­ volved in the claims was received if an as the necessary funds are available. sociation which is a handler but not in­ underpayment is claimed, or two years after the end of the month during which § 1008.86 Adjustments of accounts. cluding a producer-handler, shall pay to the market administrator on or be­ the payment (including deduction or Whenever verification by the market ad­ set-off by the market administrator) ministrator of reports or payments of fore the 14th day after the end of each month 4 cents per himdredweight, or was made by the handler if a refund on any handler discloses errors resulting such payment is claimed, unless such in money due (a) the market adminis­ such amount not exceeding 4 cents per hundredweight as the Secretary may handler, within the applicable period of trator from such handler, (b) such han­ time, files, pursuant to section 8c (15) dler from the market administrator, or prescribe, with respect to all receipts within such month of (a) other source (A) of the act, a petition claiming such (c) any producer or cooperative associa­ money. tion from such handler, the market ad­ milk (except other order milk) classi­ ministrator shall promptly notify such fied as Class I milk, and (b) milk re­ EFFECTIVE TIME, SUSPENSION OB handler of any amount so due and pay­ ceived from producers, including such TERMINATION ment thereof shall be made on or before handler’s own production. § 1008.90 Effective time. The provi­ the next date for making payments set § 1008.89 Termination of obligations. forth in the provisions under which such sions of this part or any amendment to The provisions of this section shall apply this part shall become effective at such error occurred following the 5th day after to any obligation under this part for the such notice. time as the Secretary may declare and payment of money: shall continue in force until suspended § 1008.87 Marketing services, (a) (a) The obligation of any handler to or terminated pursuant to § 1008.91. Except as set forth in paragraph (b) of pay money required to be paid under the this section, each handler, in making terms of this part shall, except as pro­ § 1008.91 Suspension or termination. payments to producers (other than with vided in paragraphs (b) and (c) of this The Secretary may suspend or terminate respect to milk of such handler’s own section, terminate two years after the this part or any provision of this part production) pursuant to § 1008.80 (a), last day of the month during which the whenever he finds this part or any provi­ shall make a deduction of 5 cents per market administrator receives the han­ sion of this part obstructs or doès not hundredweight of milk, or such amount dler’s utilization report on the milk in­ tend to effectuate the declared policy of not exceeding 5 cents per hundredweight volved in such obligation, unless within the act. This part shall terminate in any as the Secretary may prescribe, with re­ such two-year period the market ad­ event whenever the provisions of the act spect to the following: ministrator notifies the handler in writ­ authorizing it cease to be in effect. Friday, September 13, 1957 FEDERAL REGISTER 7341 § 1008.92 Continuing obligations. If, that Oral Argument before the Commis­ tional notices must be given for each upon the suspension or termination of sion en banc be scheduled; and a plead­ month that such operation continues. any or all provisions of this part there ing submitted by the Commission’s An exception is made if the operation are any obligations thereunder the final General Counsel concuTring in the away from the authorized location oc­ accrual or ascertainment of which re­ request; curs outside the continental limits of the quires further acts by any person (in­ It appearing that hearing in the United States, its territories, or posses­ cluding the market administrator), such above-entitled proceeding has been held sions. In this instance only one notice further acts shall be performed notwith­ and the record certified, to the Commis­ is required “during any one continued standing such suspension or termination. sion for decision; absence”. It further appearing that oral argu­ 4. The petitioner, Malcolm A. Hormats, § 1008.93 Liquidation. Upon the sus­ ment would be of assistance to the Com­ contends that the monthly notices re­ pension or termination of the provisions mission in its determination of the quired by §§ 12.91 and 12.93 are of little of this part, except this section, the issues; or no value to the Commission in those market administrator, or such other It further appearing that the exigen­ instances where the operation of thé liquidating agent as the Secretary may cies of time which led the Commission station is merely being continued in ac­ designate, shall if so directed by the to instruct that the record be certified cordance with the information supplied Secretary liquidate the business of the to it for decision also require that oral in the original notice, but that the re­ market administrator’s office, dispose of argument be held at the earliest quirement of such notices is unduly all property in his possession or control, opportunity; burdensome upon the involved amateurs. including accounts receivable and exe­ It is ordered, That oral argument on The letter, filed on behalf of the Mari­ cute and deliver all assignments or other the matters of record in the above-en­ time Mobile Amateur Radio Club, like­ instruments necessary or appropriate to titled proceeding be held before the Com­ wise contends that amateurs operating effectuate any such disposition. If a mission en banc on September 26, 1957, “mobile” aboard ships which make re­ liquidating agent is so designated, all at 10:00 a. m. and that each of the current voyages over the same general assets, books and records of the market parties be allowed 20 minutes except that routes should not be required to submit administrator shall be transferred a single 20 minute period be assigned to a new notice each time the ships return promptly to such liquidating agent. If, the General Counsel, Chief, Safety and to a United States port unless there is upon such liquidation, the funds on hand some change in the information supplied exceed the amounts required to pay out­ Special Radio Services Bureau, and standing obligations of the office of the Chief, Common Carrier Bureau. in the original notice because “strict market administrator and to pay neces­ Released: September 10,1957. compliance with this provision is some­ sary expense of liquidation and distribu­ times exceedingly difficult of accomplish­ tion, such excess shall be distributed to F ederal Communications ment due to the peculiarities of the contributing handlers and producers in Com mission, movement of ships in which, frequently, [ seal] E velyn F . E ppley, there is insufficient time to properly an equitable manner. Acting Secretary. notify the Commission at the conclusion MISCELLANEOUS PROVISIONS of one voyage and the commencement [F. R. Doc. 57-7515; Filed, Sept. 12, 1957; § 1008.100 Agents. The Secretary 8:50 a. m.] of a second voyage.” may, by designation in writing, name Both petitioner Hormats and the any officer or employee of the United Maritime Mobile Amateur Radio Club contend that the changes requested States to act as his agent or representa­ would benefit not only the amateur li­ tive in connection with any of the pro­ [ 47 CFR Part 12 ] visions of this part. censees but would also benefit the Com­ [Docket No. 12160; FCC 57-972] mission because, in their view, such § 1008.101 Separability of provisions. changes in the Rules involved would re­ If any provision of this part, or its ap­ A mateur R adio S ervice sult in a reduction in the Administrative plication to any person or circumstances, work of field offices “with no relaxation is held invalid, the application of such operation away from authorized of the Commission’s requirements”. provision and of the remaining provi­ LOCATIONS 5. The Commission, believing that its sions of this part to other persons or 1. Notice is hereby given of Proposed rules applicable to operation of amateur circumstances shall not be affected Rule Making in the above-entitled radio stations away from authorized thereby. ’ 1 ' ~ ‘ % $ ¡j matter. transmitter locations should be revised, [F. R. Doc. 57-7543; Filed, Sept. 12, 1957; 2. The Commission has before it for proposes to amend Part 12 of its rules 8:55 a. m.] consideration a petition filed by Malcom by adding a new § 12.90, and amending A. Hormats seeking amendment of §§ 12,91 and 12.93. The principal effects §§ 12.91 and 12.93 of its Rules Governing of such proposed amendment are: FEDERAL COMMUNICATIONS the Amateur Radio Service so as to pro­ (a) To consolidate within one section COMMISSION vide that only one notice be required in all notice requirements, other than desig­ the case of operation away from the au­ nation of the Commission office or offices [ 47 CFR Parts 7, 8 1 thorized location, provided, that an addi­ to be notified in specific instances, when tional notice will be required each time an amateur station is to be operated [Docket No. 11374; FCC 57-971] there is any change in the information away from the authorized transmitter Stations on Land and S hipboard in the supplied in the original notice. The location; M aritime S ervices Commission is also in receipt of a letter (b) To provide that only one notice of submitted on behalf of the Maritime ORDER SCHEDULING ORAL ARGUMENT operation away from the authorized Mobile Amateur Radio Club requesting transmitter location be required for In the matter of amendment of Parts that only one notice be required in the periods not exceeding one year upon the " and 8 of the Commission’s rules to case of operation aboard ships, making condition that additional notices will be delete the frequencies 6240 and 6455 kc repeated voyages over the same routes required whenever there is a change in and to make 4372.4 kc available on a so long as “significant particulars” of the information contained in the pre­ full-time basis for ship and coast stations such operation remain unchanged. vious notice; and using radiotelephony on the Mississippi 3. Sections 12.91 and 12.93 of the Com­ (c) To provide that the notice re­ River and connecting inland waters (ex­ mission’s rules presently provide, among quired when an amateur station is to be cept the Great Lakes) ; Docket No. 11374. other things, that an amateur station operated away from the authorized loca­ At a meeting of the Federal Communi­ may be operated away from the fixed tion contain* the following specific infor­ cations Commission held at its offices in transmitter location specified in the li­ mation in addition to that presently re­ Washington, D. C. on the 5th day of Sep­ cense for periods in excess of 48 hours quired : The address at which, or through tember 1957. only after written notice, containing which, the licensee may be readily 7 ?e Commission having under consid- specified information, has been given to reached while operating away from the matters of record in the above- the Commission of the intention to so authorized transmitter location ; and ntitled proceeding ; a petition by operate. If such operation continues for when operating as a mobile station, the American Waterways Operators, Inc. a period in excess of one month, addi- official name, registry number or license 7342 PROPOSED RULE MAKING number of the aircraft, vessel or land operate within its territory, the amateur shall be filed with the Commission within vehicle from which the station will be frequency bands which may be used shall the above specified four month period. operated. be as prescribed or limited by that gov­ (b) The licensee of an amateur sta­ 6. The proposed amendments, author­ ernment. (See Appendix 4 of this part tion who changes residence temporarily ity for which is contained in sections 4 (i) for the text of treaties or agreements but retains a permanent residence asso­ and 303 of the Communications' Act of between the United States and foreign ciated with the fixed transmitter loca­ 1934, as amended, are set forth below. governments relative to reciprocal ama­ tion designated in the station license 7. Any interested party who is of the teur radio operation.) and moves his amateur station to a tem­ opinion that the proposed amendments (2) When outside the jurisdiction of a porary location associated with his tem­ should not be adopted, or should not be foreign government, operation may be porary residence, or the licensee-trustee adopted in the form set forth herein, may conducted only in the amateur frequency for an amateur radio society which file with the Commission on or before bands 21.00 to 21.45 and 28.0 to 29.7 Me. changes the normal location of its ama­ November 22,1957 a written statement or (3) Notice of such operation, in ac­ teur station to a different and temporary brief setting forth his comments. Com­ cordance with the provisions of § 12.91, location, may operate the station at such ments in support of thé proposed amend­ shall be given to the Engineer in Charge temporary location under the condition ments may also be filèd on or before the of the district having jurisdiction of the that: Notice, in accordance with thenro- same date. Comments or briefs in reply authorized fixed transmitter location. visions of § 12.91, shall be given to the to original comments may be filed within 3. Delete the text of § 12.91 and insert Commission in Washington 25, D. C., and ten days from the last day for filing the following language: to the Engineer in Charge of the radio original comments or briefs. No addi­ district in which temporary operation is tional comments may be filed unless (1) § 12.91 Notice of operation. When­ intended. specifically requested by the Commission, ever an amateur station is, or is likely to (c) When the station is operated or (2) good cause for the filing of such be, operated for a period in excess of 48 under the provisions of this section, the additional comments is established. The hours away from the fixed transmitter portable identification procedures speci­ Commission will consider all such com­ location specified on the station license fied in § 12.32 shall be used. ments that are submitted before taking without return thereto, the licensee shall action in these matters and, if any com­ give advance written notice of such oper­ IF. R. Doc. 57-7516; Filed, Sept. 12, 1957; ments appear to warrant the. holding of ation to the Commission office or offices 8:50. a. m.] a hearing or oral argument, a notice of specified in §§12.90 or 12.93. A new the time and place of such hearing, or notice is required whenever there is any oral argument will be given. change in the particulars of a previous 8. In accordance with the provisions of notice or whenever operation away from [47 CFR Part, 16 ] § 1.764 of the Commission’s rules and the authorized station continues for a [Docket No. 12161; FCC 57-973] regulations, an original and three copies period in excess of one year. The notice of all statements, briefs, or comments required by this section shall contain the L and T ransportation R adio S ervices shall be furnished the Commission. following specific information : permissible scope op cooperative use (a) Name of licensee. op FACILITIES Adopted \ September 5, 1957: (b) Station call sign. Released: September 10, 1957. (c) Authorized fixed transmitter loca­ Notice is hereby given of proposed rule tion. making in the above-entitled matter. F ederal Communications (d) Portable location(s), or mobile 2. The Commission proposes to amend Com m ission, itinerary as specifically as possible, or § 16.3 (’a) of Part 16, rules governing the [seal] E velyn F . Eppley, temporary fixed transmitter location, or Land Transportation Radio Services, so Acting Secretary. new permanent; fixed transmitter loca­ as to require specific prior approval from It is proposed to amend Part 12 of the tion. the Commission of any cooperative use Commission’s rules governing the ama­ (e) The dates of the beginning and end of base station or mobile station radio teur radio service in the following par­ of each period of operation away from facilities licensed under that part. The ticulars: the location specified in the station present rule requires the prior approval 1. Delete the centerheading which license. of the Commission when the proposed presently appears immediately following (f) The address at which, or through cooperative use comes within the provi­ § 12.82 and substitute the following: which, the licensee can be readily sions of § 16.3 (a) (1) but does not reached. clearly require prior approval when the "Station operation away from author­ proposed use comes within § 16.3 (a) (2). ized location.” (g) In the case of mobile operation, the official name, registry number or From reports received by the Commis­ 2. Add a new § 12.90 to read as follows: license number (including the name of sion, it appears that this requirement is § 12.90 Requirements for portable the issuing state or territory, if any) of often misunderstood by licensees. The and mobile operation, (a) Within the the aircraft, vessel, or land vehicle in proposed amendment clarifies and ex­ continental limits of the United States, which the mobile station is installed and tends the requirement to all cooperative operated. use of base station or mobile station radio its territories, or possessions, an amateur facilities licensed under Part 16. The station may be operated as either a port­ 4. Delete the text of § 12.93 and insert cooperative use of fixed station radio able or a mobile station on any frequency the following language: facilities licensed under Part 16 will be authorized and available for the amateur § 12.93 Special requirements for non­ considered only on a case by case basis radio service. Notice of such operation portable stations, (a) An amateur sta­ pending further development of the in accordance with the provisions of tion that has been moved from the au­ Commission’s microwave program. § 12.91 shall be given to the Engineer thorized permanent location to another 3. Also, it is proposed to change the in Charge of the radio district in which permanent location may be operated for conditions under which licensees may operation is intended. a period not exceeding four consecutive engage in cooperative use of their base (b) When outside the continental lim­ months at the latter location, but in no station or mobile station facilities. The its of the United States, its territories, or event beyond the expiration of the license present § 16.3 (a) requires that both par­ possessions, an amateur radio station unless timely application for renewal ties proposing a cooperative use of base may be operated as portable or mobile thereof has been filed in accordance with or mobile radio facilities operate trans­ only under the following conditions: the provisions of § 12.67 under the fol­ portation facilities in .the same service. (1) Operation may not b‘e conducted lowing conditions: The proposed amendment would substi­ within the jurisdiction of a foreign gov­ (1) Advance notice, in accordancé tute therefor a provision that the same with the provisions of § 12.91, shall be frequency must be assignable under Part ernment except pursuant to, and in ac­ given to the Engineer in Charge of J;he 16 for use in connection with the trans­ cordance with, expressed authority radio district in which operation is in­ portation activity engaged in by each granted to the licensee by such foreign tended; and person proposing the cooperative use. government. When a foreign govern­ (2) Formal application for modifica­ This would permit persons operating ment permits Commission licensees to tion to change the permanent location any of the different types of transporta- Friday, September 13, 1957 FEDERAL REGISTER 7343 tion facilities to engage in cooperative ties licensed under this part except upon That in each case such persons shall use of their base or mobile radio facili­ specific prior approval from the Com­ enter into a written agreement verifying ties if the frequency proposed to be used mission with respect to every other per­ that the licensee has the sole right of was assignable under Part 16 to persons son with whom such cooperative use is control of the mobile radio units, that operating each type of transportation proposed. Such approval will not be the vehicle operators shall operate the facility. granted by the Commission except in radio units subject to the orders and 4. Coincident with the above, the Com­ those cases where the frequencies pro­ instructions of the base station operator mission proposes to remove the require­ posed to be used are assignable under and that the licensee shall at all times ment contained in § 16.3 (b) (2), that this part to base stations or mobile have such access to and control of the an audited financial statement reflecting stations for use in connection with all mobile equipment as will enable him to the non-profit, cost-sharing nature of the transportation activities involved. carry out his responsibilities under the the cooperative arrangement be sub­ Cooperative use of point-to-point sys­ license. A copy of the agreement with mitted annually to the Commission in­ tems will be considered only on a case by vehicle owners required hereby shall be asmuch as such annual statement does case basis pending further development kept with the station records and held not appear to serve a useful purpose. of the Commission’s microwave pro­ available for inspection by the Commis­ However, the base station licensee will gram. All cooperative arrangements sion representatives. still be required to maintain such rec­ will be governed by the following: (1) Persons who are to receive mobile 2. Amend § 16.3 (b) (2) to read as ords and hold them available for inspec­ follows: tion by Commission representatives. radiocommunication service from a base 5. In addition, it is proposed to amend station licensed to another person may (2) Contributions to capital and op­ § 16.251 (a) (5) of the rules governing themselves be the licensees of the radio erating expenses may be accepted only the Motor Carrier Radio Service to pro­ units to be installed in their respective on a cost-sharing, non-profit basis, said vide for the eligibility in that service of vehicles: Provided, That prior to the costs to be prorated on an equitable basis non-profit corporations or associations mobile units receiving such service the among all persons who ate parties to organized for the purpose of furnishing person from whom the service is to be the cooperative arrangement. Records a radiocommunication service on a cost­ received shall obtain written authority which reflect the cost of the service and sharing basifc to persons, all of whom to render such communications service, its non-profit, cost-sharing nature shall are actually engaged in transportation naming each person who is to receive be maintained by the base station li­ activities for which provision: is made service. When such communication censee and held available for inspection in that service, provided that the fre­ service is to be rendered on a regular by Commission representatives. quency proposed to be used is assign­ basis, the requests for such authority shall be made on an FCC Form 400, how­ 3. Amend § 16.251 (a) (5) to read as able to persons engaging in all such follows: transportation activities for base or mo­ ever, if the service is to be rendered on bile station use. an irregular or temporary basis, the re­ (5) A non-profit corporation or asso­ 6. The foregoing amendments, which quest may be in the manner provided for ciation organized for the purpose of fur­ are set forth in detail below, are issued in § 16.53. Upon approval of the request, nishing a radiocommunication service on under authority of sections 4 (i) and the Commission will designate the per­ a cost-sharing basis to persons all of 303 of the Communications Act of 1934, sons to whom service may be rendered, whom-are actually engaged in activities as amended.. on the base station authorization, or in set forth in the preceding subparagraphs 7. Any interested person who is of the the special temporary authority which of this paragraph: Provided, That the opinion that the proposed amendments shall be kept with the base station frequency on which such operation is should not be adopted or should not be records. proposed is available for assignment for adopted in the form set forth herein, and (2) The licensee of a base station may use by base stations or mobile stations any person dehiring to support this pro­ install mobile units in vehicles of other in connection with all such transporta­ posal, may file with the Commission on persons, when the frequencies proposed tion activities. or before October 15, 1957, a written to be used are assignable under this statement or brief setting forth his com­ part for use in connection with all trans­ [F. R. Doc. 57-7517; Filed, Sept. 12, 1957; ments. Comments in support of the portation activities involved: Provided, 8:50 a. m.] proposed amendment may also be filed on or before the same date. Comments in reply to the original comments may be filed within 10 days from the last day for filing said original data, views, or NOTICES arguments. No additional comments may be filed unless (1) specifically re­ quested by the Commission or (2) good DEPARTMENT OF DEFENSE Deputy and Assistant Judge Advocate cause for the filing of such additional General, an Assistant Judge Advocate comments is established. The Commis­ Department of the Navy General (International and Administra­ sion will consider all such comments tive Law) , an Assistant Judge Advocate prior to taking final action in this mat­ O rganization S tatement General {Personnel, Reserve and Man­ ter, and if comments are submitted war­ OFFICE OF THE JUDGE ADVOCATE GENERAL agement) , an Assistant Judge Advocate ranting oral argument, notice of the In Organization Statement of the De­ General (Military Justice), and fourteen time and place of such oral argument principal^ divisions designated as Inter­ will be given. partment of the Navy, published at 16 national Law, Admiralty, Civil Law, Ad­ 8. In accordance with the provisions F. R. 12573-12590, delete paragraph (a) ministrative Law, Litigation, Personnel of § 1.764 of the Commission’s rules and of subsection H appearing at 16 F. R. 12585, as amended, 22 F. R. 3078, and in­ Security, Military Personnel, Administra­ regulations, an original and 14 copies of tive Management, Naval Reserve and all statements, briefs, or comments filed sert the following paragraph in lieu Legal Assistance, Appellate Defense, shall be furnished the Commission. thereof. Military Justice, Investigations, Editorial Adopted: September 5, 1957. H. Office of the Judge Advocate Gen­ and Research, and Bureau of Naval Per­ eral. Ja) The Office of the Judge Advo­ sonnel Discipline Liaison Divisions." Released: September 10, 1957. cate General, authorized by the act of Within the several divisions are branches F ederal C ommunications June 8,1880 (21 Stat. 164) as revised and and sections performing specific func­ Com m ission, reenacted (10 U. S. C. 5148), has cogni­ tions embraced by the mission of the [seal] E velyn F. E ppley, zance of all major phases of military, ad­ parent division. In addition to the divi­ Acting Secretary. ministrative and applied law listed below sions of the Office, there are special as are incident to the operation of the assistants and the Boards of Review 1- Amend § 16.3 (a) to read as follows: Department of the Navy. organized pursuant to article 66 of the (a) Licensees shall not engage in any (1) In substance, the organization con­ Uniform Code of Military Justice (10 iorm of cooperative use of radio facili- sists of a Judge Advocate General, a U. S. C.JJ66); two of the Boards are the 7344 NOTICES

principal part of the Office of the Judge carry out the purposes of section 104 (c) land, small traf t, or any other nonmin­ Advocate General of the Navy, West of the act. eral public-land law unless the lands Coast, located at San Bruno, California. J ohn F oster D ulles, have already been classified as valuable (2) The position of the Deputy and Secretary of State. or suitable for such type of application Assistant Judge Advocate General is to S eptember 4,1957. -or shall be so classified upon the con­ be occupied by the officer serving in the sideration of an application. Any appli- statutory position of Assistant Judge Ad­ [F. R. Doc. 57-7504; Filed, Sept. 12, 1957; cation that is filed will be considered on vocate General (10 U. S. C. 5149). He 8:48 a. m.] its merits. The lands, will not be subject shall perform such duties as the Judge to occupancy or disposition until-they Advocate General may prescribe. When have been classified. there is a vacancy in the office of Judge DEPARTMENT OF THE TREASURY 4. Subject to any valid existing rights Advocate General, or during the absence Bureau of Customs and »the requirements of applicable law, or disability of the Judge Advocate Gen­ the lands are hereby opened to filing of eral, the Deputy-and Assistant Judge [T. D. 54430] applications, selections, and locations in Advocate General, unless otherwise di­ [Customs Delegation Order 12] accordance with the following: rected by the President, shall perform T ransfer from Appraisers of M erchan­ a. Applications and selections under the duties of the Judge Advocate General the nonmineral public-land laws may be until a successor is appointed or the ab­ dise to Collectors of Customs of Certain F unctions presented to the Manager mentioned be­ sence or disability ceases. The Assistant low, beginning on the date of this order. Judge Advocate General (International By virtue of authority vested in me Such applications and selections will be and Administrative Law), the Assistant by Treasury Department Order No. 165, considered as filed on the hour and re­ Judge Advocate General (Personnel, Re­ Revised (T. D. 53654, 19 F. R. 7241), I spective dates shown for the ,various serve and Management) and the Assist­ hereby transfer from the appraisers of classes enumerated in the following ant Judge Advocate General (Military merchandise to the collectors of customs paragraphs: Justice) shall function within the fields the function of determining the ap­ (1) Applications by persons having of responsibility specified; shall perform praised value under section 402 of the prior existing “ valid settlement rights, such duties as may be prescribed by the Tariff Act of 1930, as amended (19 U.-S. C. preference rights conferred by existing Judge Advocate General; and shall be 1402), and the actual domestic value laws, or equitable claims subject to al­ responsible to the Deputy and Assistant in its condition at the time and place of lowance and confirmation will be ad­ Judge Advocate General and the Judge examination, of any unclaimed merchan­ judicated on the facts presented in Advocate General. When there is a va­ dise abandoned to the Government, support of each claim or right. All ap­ cancy in the office of Judge Advocate where the aggregate appraised value of plications presented by persons other General, or during the absence or disa­ the lot as determined by the collector is than those referred to in this paragraph bility of the Judge Advocate General, not in excess of $250. will be subject to the applications and and during the absence or disability of claims mentioned in this paragraph. - the Deputy and Assistant Judge Advo­ [ seal] R alph K elly, (2) All valid applications under the cate General, the Assistant Judge Advo­ Commissioner of Customs. Homestead, Desert Land, and Small cate General senior in military rank and S eptember 6, 1957. Tract Laws by qualified veterans of available for such duty shall perform the [F. R. Doc. 57-7505; Filed, Sept. 1‘2, 1957;, World War II or of the Korean Conflict, duties of the Judge Advocate General, 8:48 a. m.] and by others entitled to preference unless otherwise directed by the Presi­ rights under the act Of September 27, dent. 1944 (58 Stat. 747; 43 U. S. C. 279-284 D E P A R T M E N T S THE INTERIOR as amended), presented prior to 10:00 By direction of the Secretary of tfie a. m. on October 16, 1957, will be con­ Navy; Bureau of Land Management sidered as simultaneously filed at that [seal] Chester W ard, [The Dalles 028653] hour. Rights under such preference Rear Admiral, U. S. Navy, right applications filed after that hour Judge Advocate General of the Navy. O regon and before 10:00 a. m. on January 15, REVOKING RECREATIONAL . WITHDRAWAL 1958, will be governed by the time of S eptember 6, 1957. NO. 57 filing. [P. R. Doc. 57-7496; Filed, Sept. 12, 1957; (3) All valid applications and selec­ 8:46 a. m.] S eptember 10, 1957. tions under the nonmineral public-land By virtue of the authority vested in laws, other than those coming under the Secretary of the Interior by the act paragraphs (1) and (2) above, presented DEPARTMENT OF STATE of June 14,1926 (44 Stat. 741), and pur­ prior to 10:00 a. m. on January 15,1958, suant to Section 2.22 of Order No. 2583 will be considered as simultaneously filed [Public Notice 152] of the Secretary of the Interior, dated at that hour. Rights under such ap­ [Delegation of Authority No. 85-2] August 16, 1950, it is ordered as follows: plications and selections filed after that 1. The Departmental order of March hour will be governed by the time of I nternational Cooperation 12, 1934, which withdrew the following- filing. > A dministration described lands for recreational pur­ 5. The lands will be open to applica­ poses, is hereby revoked; tions and offers under the mineral-leas­ FURTHER DELEGATION OF AUTHORITY W illam ette Meridian ing laws, and to location under the By virtue of the authority vested in me T. 13 S., R. 31 E., United States mining laws beginning at by section 4 of the act of May 26, 1949 Sec. 26, SE&SE14. 10:00 a. m. on January 15, 1958. Appli­ (63 Stat. Ill, 5 U.' S. C. 151c), section cations and offers under the mineral leas­ 3 (a) of Delegation of Authority No. 85, The area described contains 40 acres. ing laws filed on or before that date as amended, is hereby further amended 2. The land is hilly and mountainous. will be considered as simultaneously It is the east hillside of a steep canyon on filed at that time. Applications filed by the addition of the following sub­ the bed of which are located the towns of after that date will be considered in the jection: Canyon City and John Day. Precipita­ order of filing. (5) The functions which the Depart­ tion is approximately 11 inches per an­ 6. Persons claiming veterans prefer­ ment of State is directed to carry out by num, most of which falls in the non­ ence rights must enclose with their appli­ section 4 (d) (3) of Executive Order growing period. Soils are shallow clay cations proper evidence of military or 10560, as amended, relating to foreign loam with much surface rock. Vegeta­ naval service, preferably a complete tion consists of a sagebrush-juniper type photostatic copy of the certificate of currencies generated by sales under the association. honorable discharge. Persons claiming Agricultural Trade Development and As­ 3. No application for the lands may preference rights based upon valid settle­ sistance Act of 1954, as amended, to be allowed under the homestead, desert- ment, statutory preference, or equitable Friday, September 13, 1957 FEDERAL REGISTER 7345 claims must enclose properly corrobo­ 28,1934 (48 Stat. 1269), as amended, and Manager mentioned below, beginning on rated statements in support of their pursuant to authority delegated to me by the date of this order. Such applica­ claims. Detailed rules and regulations the California NState Supervisor, Bureau tions, selections, and offers will be con­ governing applications which may be of Land Management, Part II, Document sidered as filed on the hour and respec­ filed pursuant to this notice can be found 4, California State Office dated Novem­ tive dates shown for the various classes in Title 43 of the Code of Federal ber 19,1954 (19 F. R. 7697), the following enumerated in the following para­ Regulations. described lands have been reconveyed to graphs : Inquiries concerning these lands shall the United States under application (1) Applications by persons having be addressed to the Manager, Land numbers indicated : prior existing valid settlement rights, Office, Bureau of Land Management, M ount D iablo M eridian, California preference rights conferred by existing laws, or equitable claims subject to al­ Portland, Oregon. Sacramento 035125 E. J. T homas, lowance and confirmation will be ad­ Acting Director. T. 30 N„ R. 13 E„ judicated on the facts presented in Sec. 33, Ey2NWy4, NEJ4SW&. |F R. Doc. 57-7540; Filed, Sept. 12, 1957; support of each claim or right. All ap­ 8:55 a. m.] Sacramento 036859 plications presented by persons other than those referred to in this paragraph T. 9 N., R. 21 E., , . will be subject to the applications and Sec. 24, Ni/aNW^. claims mentioned in this paragraph. California Sacramento 036934 (2) All valid applications under the notice of proposed withdrawal and T. 9 N„ R. 22 E„ Homestead, Desert Land, and Small V RESERVATION of lands Sec. 5, lots 3, 4, Sy2NWy4, N ^ S W ^ , W tf Tract Laws by qualified veterans of SE»4,-SEy4SE>4; S eptember 6, 1957. World War II or of the Korean Conflict, Sec. 6, SE 1,4NE 14, NE 14SE14; and by others entitled to preference The United States Department of Ag­ Sec. 8, NE % NE 14, S i/2 N W14, NW14 S W »4 ; rights under the act of September 27, riculture, Forest Service, has filed an Sec. 10, NWÎ4SEÎ4; Sec. 30, NW 1,4 NE 14. 1944 (58 Stat. 747; 43 U. S. C. 279-284 application, Serial No. Sacramento as amended), presented prior to 10:00 048402, for the withdrawal of the lands Sacramento 036733 described below, from location and entry a. m., local time, on October 12, 1957, T. 31 N., R. 1 W., will be considered as simultaneously filed under the general mining laws, subject Sec. 10, NW14NÈ14, Ni/2NWi4. at that hour. Rights under such pref­ to existing valid claims. Sacramento 048100 erence right applications filed after that The applicant desires the land for use hour and before 10:00 a. m., local time, as a Feather River-Experimental Sta­ T. 32 N., R. 8 W., on January 11, 1958, will be governed by tion within the Plumas National Forest Sec. 34, SW1/4NE 14, WfcNW%. SE^NW^. the time of filing. for long range experimental forest pur­ The area described totals 1,161.56 (3) All valid applications and selec­ poses. For a period of 30 days from the date acres. tions under the nonmineral public land of publication of this notice, persons 1. The lands are widely scattered laws, other than those coming under par­ having cause may present their objec­ throughout Northern California and agraphs (1) and (2) above, and applica­ tions in writing to the undersigned of­ generally occupy foothill and mountain­ tions and offers under the mineral leasing ficial of the Bureau of Land Manage­ ous regions with climate and precipita­ laws, presented prior to 10:00 a. m., ibcal ment, Department of the Interior, Cali­ tion which vary according to elevation time, on January 11, 1958, will be con­ fornia Fruit Building, 8th Floor, 4th and and locality. Accessibility is fair to poor sidered as simultaneously filed at that J Streets, Sacramento 14, California. as a rule. Adverse topography renders hour. Rights under such applications If circumstances warrant it, a public the lands generally unsuited to agricul­ and selections filed after that hour will hearing will be held at a convenient time tural purposes other than grazing by be governed by the time of filing. and place, which will be announced. livestock. b. The lands will be open to location The determination of the Secretary on The lands in T. 30 N., R. 13 E., under the United States Mining Laws, the application will be published in the M. D. M., are part of organized Grazing beginning 10:00 a. m., local time, on District California No. 2; and those in January 11, 1958, except as to Sacra­ Federal R egister. A separate notice will be sent to each interested party of T. 9 N., R. 21 E., and T. 9 N., R. 22 E., mento 036733 which has been open to record. M. D. M., part of organized Grazing Dis­ mining at all times. The lands involved in the application trict Nevada No. 3. 4. Persons claiming veteran’s prefer­ are: The lands in T. 31 N., R. 1 W., and ence rights under Paragraph a (2) above, T. 32 N., R. 8 W., M. D. M., are part of must enclose with their applications Mount Diablo Meridian, California the District Forestry Office, Redding. proper evidence of military or naval serv­ T. 23 N„ R. 10 E„ The exchange under Sacramento 048100 ice, preferably a complete photostatic Sec. 4, lots 3,4; SW%; was made in furtherance of the Bureau copy of the certificate of honorable dis­ Sec. 5, lots 1, 2, 3,4, S%N%; Sec. 6, lots 1,2, S&NEÎ4; timber program and is in the. timber charge. Persons claiming preference Sec. 9,NWy4. management unit. rights based upon valid settlement, stat­ T. 24 N., R. 10 E„ 2. No application for these lands will utory preference, or equitable claims Sec. 31, SE14NE14, SEV4; be allowed under the homestead, desert must enclose properly corroborated Sec.. 32, NE14NE14, S1/2NEI4, NWy4NWi/4, land, small tract, or any other nonmin­ statements in support of their applica­ si/2Nwy4,s y 2; eral public land law, unless the lands Sec. 33, Ni/2,SWiA,Ny2SEy4, SW%SE%-{ tions, setting forth all facts relevant to have already been classified as valuable, their claims. Detailed rules and regu­ Sec. 34,NWÎ4NEÎ4NW44, Nwy4Nwy4, NWy£ or suitable for such type of application, SW&NWÎ4? or shall be so classified upon considera­ lations governing applications which The area described totals approxi­ tion of an application. Any application may be filed pursuant to this notice can mately 879.96 acres in Plumas National that is filed will be considered on its be found in Title 43 of the Code of Fed­ Forest. merits. The lands will not be subject eral Regulations. R. R. B est, to occupancy or disposition until they 5. Inquiries concerning these lands State Supervisor. have been classified. shall be addressed to the Manager, Land IP. R. Doc. 57-7493; Filed, Sept. 12, 1957; 3. Subject to any existing valid rights Office, Bureau of Land Management, 8:45 a. m.] and the requirements of applicable law, 10th Floor, California Fruit Building, the lands described are hereby opened 4th and J Streets, Sacramento 14, Cali­ to filing of applications, selections and fornia. California locations in accordance with the fol­ J ean M. F . D ubo is, ORDER PROVIDING FOR OPENING OF PUBLIC lowing: Acting Officer in Charge, North­ LANDS a. Applications and selections under ern Field Group, Sacramento, S eptember 6,1957. the nonmineral public land laws and ap­ California. In exchanges of lands made under the plications and offers under the mineral [F. R. Doc. 57-7494; Filed, Sept. 12, 1957* Provisions of section 8 of the Act of June leasing laws may be presented to thé 8:46 a.m .] 7346 NOTICES

Office of the Secretary tory production workers for normal labor Glenn Slacks, Inc., Bruce, Miss.; effective [Order No. 2824] turnover purposes. The effective and ex­ 8-30-57 to 2-28-58; 100 learners (boys’ dress piration dates are indicated. pants and men’s semi-dress pants). D irector, N ational P ark S ervice Holiday Togs, Inc., Dayton, Tenn.; effec- Aero-Fab Corp., Olive Hill, Ky.; effective tive 8—28—57 to 2—27—58; 28 learners (chil- DELEGATION OP AUTHORITY TO NEGOTIATE 8- 29-57 to 11-20-57 (Replacement Certifi­ dren’s outerwear). FOR SERVICES OP ENGINEERING, ARCHITEC­ cate) (trousers). Shelby Textiles, Inc., 706 Juliu3 Street TURAL,, AND LANDSCAPE ARCHITECTURAL Carolina Underwear Co., 110 West Guilford Shelby, N. C.; effective 8^29-57 to 2-28-58* FIRMS Street, Thomasyille, N. C.; effective 9-10-57 10 learners (ladies’ and children’s under- to 9-9-58 (children’s and ladies’ panties). wear). S eptember 6,1957. W. R. DarHng & Son, 251 West Bencamp Triple A. Trouser Manufacturing Co., Inc. S ection 1. Delegation of authority. Avenue, San Gabriel, Calif.; effective 8-29-57 1431 Capouse Avenue, Scranton, Pa.; effective (a) The Director, National Park Serv­ to 8-28-58. Learners may not be employed 8-28-57 to 2-27-58; 10 learners (trousers). ice, is authorized to exercise, subject to at special minimum wage rates in the pro­ the provisions of paragraph (b) of this duction of separate skirts (women’s sports­ Cigar Industry Learner Regulations section, the authority delegated by the wear). (29 CFR 522.1 to 522.11, as amended, and Detroit Slacks, Inc., Detroit, Ala.; effective 29 CFR 522.80 to 522.85, as amended). Administrator of General Services (22 9- 1-57 to 8-31-58 (boys’ and men’s play F. R. 6808) to the Secretary of the In­ slacks). Continental Cigar Co., Rocky Glen Road, terior, for the period .ending June 30, The Jerold Corp., Highway 301 South, Moosic, Pa.; effective 8-30-57 to 2-28-58;' 1958, to negotiate, without advertising, Smithfield, N. C., effective 9-15-57 to 9-14-58 authorizing the employment of 10 learners under section 302 (c) (4) of the Federal (women’s and children’s notion sports for plant expansion purposes in the occupa­ Property and Administrative Services jackets). tions of: ( 1 ) cigar machine operating and Mary Kirk, Inc., Eagle Building, Shamokin, packing cigars (retailing for more than 6 Act of 1949, as amended (41 U. S. C., Pa.; effective 8-30-57 to 8-29-58 (cotton cents), each for a learning period of 320 252 et seq.), contracts for the services of wash dresses). hours at the rate of 80 cents an hour; and engineering, architectural, and land­ Renee of Hollywood, 2304 South Main (2) hand stripping, machine stripping, and scape architectural firms required by the Street, Los Angeles, Calif.; effective 8-30-57 packing cigars (retailing for 6 cents or less), National Park Service in its construc­ to 8-29-58 (women’s brassieres). each for a learning period of 160 hours at the tion programs. Renee of Hollywood, 743 Santee Street, rate of 80 cents an hour (Toscano style (b) The authority granted in para­ Los Angeles, Calif.; effective 8-30-57 to 8- cigar). 29-58 (women’s brassieres). graph (a) of this section shall be exer­ Royal Manufacturing Co., Inc., Sanders- Glove Industry Learner Regulations cised in accordance with all provisions ville, Ga.; effective 8-30-57 to 8-29-58 (m en’s (29 CFR 522.1 to 522.11, as amended, and of Title II of the act with respect to and boys’ sport shirts). 29 CFR 522.60 to 522.65, as amended). negotiated contracts, and all other pro­ Shreveport Garment - Manufacturers, 908 Joseph A. Milstein Co., Inc., 64 Trinity visions of law. McNeil Street, Shreveport, La.; effective 9-2- Place, Albany, N. Y.; effective 8-29-57 to 57 to 9-1-58 (cotton work pants). 8- 28-58; 10 learners for normal labor turn­ S ection 2. Redelegation. The Direc­ Sylvan Manufacturing Co., Inc., 240 Penn tor, National Park Service, may, in writ­ over purposes (knit gloves).. „ Avenue, Scranton, Pa.; effective 8-29-57 to 8- Wells Lamoirt Corp., Waynesboro, Miss.; ing, redelegate or authorize written re­ 28-58. Learners may not be employed at effective 9-5—57 to 9-4-58;. 10 percent of the delegation of the authority granted in special minimum wage rates in the produc­ total number of factory production workers section 1 of this order. Each such re- tion of separate skirts and jumpers (chil­ engaged in the authorized learner occupa­ dren’s sportswear). delegation shall be published in the F ed­ tions for normal labor turnover purposes Vernon Manufacturing Co., Inc., Vernon, eral R egister. (leather palm work gloves). Ala.; effective 9—1—57 to 8-31-58 (m en’s dress H atfield Chilson, p an ts). Hosiery Industry Learner Regulations Acting Secretary of the Interior. Weiss Shirt Co., Inc., 520 Lehman Street, (29 CFR 522.1 to 522.11, as amended, and [P. R. Doc. 57-7541; Piled, Sept. 12, 1957; Lebanon, Pa,; effective 9-7-57 to 9-6-58 29 CFR 522.40 to 522.43, as amended). 8:55 a. m.] (ladies’ cotton shirts). Burlington Industries, Inc., Franklin Ho­ The following learner certificates were siery Co., Franklin, N. C.; effective 9-1-57 to issued for normal labor turnover pur­ 2-28-58; 90 learners for plant expansion DEPARTMENT OF LABOR poses. The effective and expiration purposes (seamless). Wage and Hour Division dates and the number of learners au­ DeKalb Hosiery Mills, Inc., 802 North Gault thorized are indicated. Avenue, Fort Payne, Ala.; effective 8-30-57 Learner E mployment Certificates to 8-29-58; 5 percent of the total number Ann Lee Frocks (Lyndwood) 631 Fellows of factory production workers for normal ISSUANCE TO VARIOUS INDUSTRIES Avenue, Wilkes-Barre, Pa.; effective 9-15-57 labor turnover purposes (seamless). to 9-14-58; 10 learners (dresses) . Ellen Knitting Mills, Inc., Spruce Pine, Notice is hereby given that pursuant The Dantan Co., Inc., Rankin Street, N. C.; effective 9-1-57 to 2-28-58; 10 learners to section 14 of the Fair Labor Standards Dumas, Ark., effective 9-1-57 to 8-31-58; 10 for plant expansion purposes (seamless). Act of 1938 (52 Stat. 1060, as amended; learners. Learners may not be engaged at Ellen Knitting Mills, Ine., Spruce Pine, 29 U. S. C. 201 et seq.), the regulations on special minimum wage rates in the produc­ N. C.; effective 9-1-57 to 8-31-58; 5 percent employment of learners (29 CFR Part tion of. separate skirts (ladies’ sportswear— of the total number of factory production 522), and Administrative Order No. 414 pedal pushers, shorts). workers for normal labor turnover purposes Fay Sportwear Co., East Union and Tatham (seamless). (16 F. R. 7367), the firms listed in this Streets, Burlington, N. J.; effective 8-30-57 Rabbit Hollow Knitting Co., Northfleld, notice have been issued special certifi­ to 8-29-58; four learners (ladies’ and chil­ Vt.; effective 8-29-57 to 8-28-58; five learn­ cates authorizing the employment of dren’s sportswear and dresses). ers for normal labor turnover purposes learners at hourly wage rates lower than Hamlet Products Co., 323 East Hamlet Ave­ (seamless). the minimum wage rates otherwise ap­ nue, Hamlet, N. C.; effective 8-29-57 to Walridge Hosiery Mills, Inc., Highway No. plicable under section 6 of the act. The 8-28-58; five learners (ladies’ lingerie). 20, Marvell, Ark.; effective 8-29-57 to 8-28-58; effective and expiration dates, occupa­ Mode O’Day Corp., 607 Main Street, Osa- 5 learners for normal labor turnover pur­ watomie, Kans.; effective 8-27-57 to 8-26-58; poses (seamless). tions, wage rates, number or proportion 10 learners (ladies’ blouses). of learners, learning periods, and the Mohawk Dress, Inc., 29 Chuctanunda Knitted Wear Industry Learner Regu­ principal product manufactured by the Street, Amsterdam, N. Y.; effective 8-28-57 lations (29 CFR 522.1 to 522.11, as employer for certificates issued under to 8-27—58; 10 learners (ladies’ dresses). amended, and 29 CFR 522.30 to 522.35, general learner regulations (§§ 522.1 to Murlaw Manufacturing Corp., 152 West as amended). 522.11) are as indicated below. Condi­ Ridge Street, Lansford, Pa.; effective 8-27-57 tions provided in certificates issued under to 8-26—58; five learners (children’s dresses). Carolina Underwear Co., 110 West Guil­ Murray Perlman Dress Co., Tannersville, ford Street, Thomasville, N. C.; effective special industry regulations are as estab­ N. Y.; effective 8-28-57 to 8-27-58; four 9- 10-57 to 9-9-58; '5 percent of. the total lished in these regulations. learners (ladies’ dresses). number of factory production workers en­ Apparel Industry Learner Regulations gaged in the production of children’s and (29 CFR 522.1 to 522.11, as amended, and The following learner certificates were ladies’ knitted panties, men’s and boy8' issued for plant expansion purposes. shorts and ladies’ pajamas for normal labor 29 CFR 522.20 to 522.24, as amended). turnover purposes (boys’ and men’s shorts). The following learner certificates were The effective and expiration dates and Fine Guage Knitwear, Ashtabula, Ohio; issued authorizing the employment of the number of learners authorized are effective 8-r27-57 to 8-26-58; five learners for ten percent of the total number of fac­ indicated. normal labor turnover purposes (sweaters). Friday, September 13, 1957 FEDERAL REGISTER 7347

j^dd Knitting Mills, Inc. North Sixth for the remaining 200 hours (men’s suits, and 90 cents an hour for the remaining 200 Street and Hiester’s Lane, Reading, Pa.; ef­ topcoats, sportcoats). hours (men’s sack and topcoats). fective 8-26-57 to 2-25-58; 25 learners for Lion Manufacturing Co., Everett, Pa.; effec­ Staunton Manufacturing Co., Staunton, plant expansion purposes (sweaters). tive 9-1-57 to 2-28-58; authorizing the em­ Va.; effective 9-1-57 to 2-28-58; authorizing V Ladd Knitting Mills, Inc. North Sixth ployment of 5 percent of the total number the employment of 5 percent of the total Street and Hiester’s Lane, Reading, Pa.; ef­ of factory production workers for normal number of factory production workers for fective 8-26-57 to 8-25-58; 5 percent of the labor turnover purposes, in the occupations normal labor turnover purposes, in the oc­ total number of factory production workers of sewing machine operator, final presser, cupations of sewing machine operator, final for normal labor turnover purposes (sweat­ hand sewer, and finishing operations involv­ presser, hand sewer, and finishing operations involving hand sewing, each for a learning ers) . ing hand sewing, each for a learning period of 480 hours at the rates of 85 cents an hour period of 480 hours at the rates of 85 cents an Shoe Industry Learner Regulations for the first 280 hours and 90 cents an hour hour for the first 280 hours and 90 cents An (29 CFR 522.1 to 522.11, as amended, and for the remaining 200 hours (men’s sack hour for the remaining 200 horns (men’s sack 29 CFR 522.50 to 522.55, as amended). coats). coats). Middleburg Manufacturing Co., Hanover, Crown Footwear Manufacturing Co., Inc., Pa.; effective 9-1-57 to 2-28-58; authorizing Each learner certificate has been issued New Athens, 111.; effective 8-28-57 to 8-27-58; the employment of 5 percent of the total upon the employer’s representation that 10 learners for normal labor turnover pur- number of factory production workers for employment of learners at subminimum poses. normal labor turnover purposes, in the oc­ rates is necessary in order to prevent Regulations Applicable to the Employ­ cupations of sewing machine operator, final curtailment of opportunities for employ­ presser, hand sewer, and finishing operations ment, and that experienced workers for ment of Learners (29 CFR 522.1 to 522.11, involving hand sewing, each for a learning as amended). period of 480 hours at the rates of , 85 cents the learner occupations are not avail­ Carroll Manufacturing Co., Westminster, an hour for the first 280 hours and 90 cents able. The certificates may be annuled Md.; effective 9-1-57 to 2-28-58; authorizing an hour for the remaining 200 hours (men’s or withdrawn, as indicated therein, in the employment of 5 percent of ^ the total pants, slacks, and vests). the manner provided in Part 528 of Title number of factory production workers for Mount Union Manufacturing Co., Mount 29 of the Code of Federal Regulations. normal labor turnover purposes, in the oc­ Union, Pa.; effective 9-1-57 to 2-28-58; Any person aggrieved by the issuance of cupations of sewing machine operator, final authorizing „ the employment of 5 percent any of these certificates may seek a re­ presser, hand sewer, and finishing operations of the total number of factory production involving hand sewing, each for a learning workers for normal labor turnover purposes, view or reconsideration thereof within period of 480 hours at the rates of 85 cents in the occupations of sewing machine opera­ fifteen days after publication of this an hour for the first 280 hours and 90 cents tor, final presser, hand sewer, and finishing notice in the F ederal R egister pursuant an hour for the remaining 200 hours (men’s operations involving hand sewing, each for to the provisions of 29 CFR 522.9. sack coats and pan ts). a learning period of 480 hours at the rates of Notice is hereby given that pursuant to Crisfleld Manufacturing Co., Crisfield, Md.; 85 cents an hour for the first 280 hours and section 14 of the Fair Labor Standards effective 9-1-57 to 2-28—58; authorizing the 90 cents an hour for the remaining 200 hours Act of 1938 (52 Stat. 1060, as amended; employment of 5 percent of the total number (men’s sack Coats). of factory production workers for normal Rachman Manufacturing Co., 1135 Moss 29 U. S. C. 201 et seq.), and Part 527 of labor turnover purposes, in the occupations Street, Reading, Pa.; effective 9-1-57 to the Regulations issued thereunder (29 of sewing machine operator, final presser, 2-28-58; authorizing the employment of 5 CFR Part 527) special certificates au­ hand sewer, and finishing operations in ­ percent of the total number of factory thorizing the employment of student- volving hand sewing, each for a learning production workers for normal labor turnover workers at hourly wage rates lower than period of 480 hours at the rates of 85 cents purposes in the occupation of sewing ma­ the minimum wage rates applicable an hour for the first 280 hours and 90 cents chine operator for a learning period of 320 under section 6 of the act have been is­ an hour for the remaining 200 hours (men’s hours at the rates of 85 cents an hour for pants and slacks). the first 280 hours and 90 cents an hour for sued to the firms listed below. Effective Friedman-Marks Clothing Co., Inc., 1400 the remaining 40 hours '(U. S. Government and expiration dates, occupations, wage West Marshall Street, Richmond, Va.; effec­ uniform s). rates, number or porportion of student- tive 9-1-57 to 2-28-58; authorizing the em­ The Raleigh Manufacturers, Inc., 414 Light workers as learners, and learning pe­ ployment of 5 percent of the total number Street, Baltimore, Md.; effective 9-1-57 to riods for certificates issued under Part of factory production workers for normal 2-28-58; authorizing the employment of 5 527 are as indicated below. labor turnover purposes, in the occupations percent of the total number of factory pro­ Regulations Applicable to the Employ­ of sewing machine operator, final presser, duction workers for normal labor turnover hand sewer, and finishing operations involv­ purposes, in the occupations of sewing ma­ ment of Student-Workers (29 CFR 527.1 ing hand sewing, each for a learning period chine operator, final presser, hand sewer, and to 527.9). of 480 hours at the rates of 85 cents an hour finishing operations involving hand sewing, Adelphian Academy, 820 Academy Rd., for the first 280 hours and 90 cents an hour each for a learning period of 320 hours at Holly, Mich.; effective 9-1-57 to 8-31-58; for the remaining 200 hours (men’s suits, the rates of 85 cents an hour for the first authorizing the employment of 80 student- sportcoats and pants). 280 hours and 90 cents an hour for the workers in the woodworking shop industry, Glen L. Evans, Inc., 306 Paynter Avenue, remaining 40 hours (men’s suits). in the occupations of woodworking machines Caldwell, Idaho; effective 9- 3-57 to 3-2-58; The Raleigh Manufacturers, Inc., 519 West operator, assembler and related skilled and authorizing the employment of 10 percent Pratt Street, Baltimore, Md.; effective 9-1-57 semi-skilled occupations including inciden­ of the total number of factory production to 2-28-58; authorizing the employment of 5 tal clerical work in the shop, each for a workers for normal labor turnover purposes percent of the total number of factory pro­ learning period of 240 hours at the rates of in the occupation of fly and bug tier for a duction workers for normal labor turnover 80 cents an hour for the first 120 hours and learning period of 480 hours at the rates of purposes, in t.he occupations of sewing ma­ 85 cents an hour for the remaining 120 80 cents an hour for the first 240 horns and chine operator and final presser, each for a hours. 85 cents an hour for the remaining 240 learning period of 320 hours at the rates of Auburn Academy, Auburn, Wash.; effec­ hours (artificial flies, artificial bu gs). 85 cents an hour for the first 280 hours and tive 9-1-57 to 8-31-58; authorizing the em­ Grant County Manufacturing Co., Wil- 90 cents an hour for the remaining 40 hours ployment of 70 student-workers in the liamstown, Ky.; effective 9-1-57 to 2-28-58; (men’s suits, coats, and pants). woodworking shop (furniture) industry, in authorizing the employment of 10 learners State Coat Front Co., 90 Wareham Street, the occupations of woodworking machine for normal labor turnover purposes in the Boston, Mass.; effective 9-1-57 to 2-28-58; operator, assembler, furniture finisher, and occupation of hand sewers for a learning authorizing the employment of 3 learners related skilled and semi-skilled occupations, period of 480 hours at the rates of 80 cents for normal labor turnover purposes in the each for a learning period of 600 hours at an - our for the first 320 hours and 85 cents occupation of sewing machine operator for the rates of 80 cents an hour for the first 300 jn hour for the remaining 160 hours (base­ a learning period of 480 hours at the rates of hours and 85 cents an hour for the remaining balls and softballs). 85 cents an hour for the first 280 hours and 300 hours. Hart Schaffner and MarX, 728 West Jackson 90 cents an hour for the remaining 200 hours • Campbellsville College, Campbellsville, (canvas coat fronts). ™ ™ rd , Chicago, 111.; effective 9-1-57 to Ky.; effective 9-1-57 to 8-31-58; authorizing ^ 58; authorizing the employment of 5 Stewartstown Manufacturing Co., Stew- the employment of 15 student-workers for: artstown, Pa.; effective 9-1-57 to 2-28-58; total number of factory pro- ( 1 ) a learning period of 600 hours at the ction workers for normal labor turnover authorizing the employment of 5 percent of rates of 80 cents an hour for the first 300 P P°ses in the production of men’s and the total number of factory production hours and 85 cents an hour for the remain­ oiothing only, in the occupations of workers for normal labor turnover purposes, ing 300 hours in the furniture and handi­ in£ hiachine operator, final presser, hand in the occupations of sewing machine oper­ work "do-it-yourself” kits industry, in the ai)ci finishing operations involving ator, hand sewer, final presser, and finishing occupations of woodworking machine opera­ 4fm k sew*nS. each for a learning period of operations involving hand sewing, each for tor, veneer machines operator Including ... ,.ours at the rates of 85 cents an hour a learning period of 480 hours at the rates glue reel, assembler, furniture finisher and the first 280 hours and 90 cents an hour of 85 cents an hour for the first 280 hours . related skilled and semi-skilled occupations; No. 178------7 7348 NOTICES and (2) a learning period of 850 hours at 500 hours and 85 cents an hour for the dustry, in the occupations of broom maker the rates of 80 cents an hour for the first 425 remaining 500 hours. stitcher, and related skilled and semi-skilled hours and 85 cents an hour for the remain­ La Sierra College, Arlington, Calif.; ef­ occupations, each for a 360-hour learning ing 425 hours in the metalworking industry, fective 9-1-57 to 8-31-58; authorizing the period. All occupations shall be paid for a± in the occupations of machine tools opera­ employment of 5 student-workers in the the rates of 80 cents an hour for the flrgt tor : lathe, milling, planer shaper, drill press, print shop industry, in the occupations of half and 85 cents an hour for the remaining die casting and related semi-skilled and pressman, compositor, linotype operator, half of their respective authorized learning skilled occupations. bindery worker, and related skilled and semi­ periods. Cedar Lake Academy, Cedar Lake, Mich.; skilled occupations, each for a learning Pacific Union College, Angwin, Calif.; e{. effective 9-1-57 to 8-31-58; authorizing the period of 1,000 hours at the rates of 80 fective 9-1-57 to 8-31-58; authorizing the employment of 36 student-workers in the cents an hour for the first 500 hours and employment of: ( 1 ) 8 student-workers in the woodworking (Redwood lawn furniture) in­ 85 cents an hour for the remaining 500 hours. print shop industry, in the occupations of dustry, in the occupations of woodworking Laurelwood Academy (Laurelcraft Indus­ compositor, pressman, lithographer, bindery machines operator, assembler, and related tries), Gaston, Oreg.; effective 9-1-57 to worker, and related skilled and semi-skilled skilled and semi-skilled occupations includ­ 8- 31-58; authorizing the employment of 60 occupations including incidental clerical ing incidental clerical work in shop, each for student-workers in the woodworking (fold­ work in the shop, each for a learning period' a learning period of 600 hours at the rates of ing doors) industry, in the occupations of of 1,000 hours at the rates of 80 cents an 80 cents an hour for the first 300 hours and woodworking machines operator, assembler, hour for the first 500 hours and 85 cents an 85 cents an hour for the remaining 300 hours. finisher, and related skilled and semi-skilled hour for the remaining 500 hours; and (2) Clear Creek Mountain, Preachers Bible occupations, each for a learning, period of 20 student-workers in the bookbindery in- School, Pineville, Ky.; effective 9-1-57 to 600 hours at the rates of 80 cents an hour dustry, in the occupations of bookbinder, 8-31-58; authorizing the employment of 45 for the first 300 hours and 85 cents an hour sewer, stamper, trimmer, cutter, backer, case- student-workers in the furniture manufac­ for the remaining 300 hours. maker, and related skilled and semi-skilled turing industry, in the occupations of wood­ Lodi Academy, 1215 South Garfield Street, occupations including incidental clerical working machine operator, assembler, furni­ Lodi, Calif.; effective 9-1-57 to 8-31-58; au­ work in the shop, each for a learning period ture finisher, and related skilled and semi­ thorizing the employment of 6 student- of 600 hours at the rates of 80 cents an hour skilled occupations, including incidental workers in the printing industry, in the oc­ for the first 300 hours and 85 cents an hour clerical work in furniture shop, each for a cupations of compositor, pressman, linotype for the remaining 300 hours. learning period of 600 hours at the rates of operator, bindery worker, and related skilled Plainview Academy, Redfield, S. Dak.; ef­ 80 cents an hour for the first 300 hours and and semi-skilled occupations, each for a fective 9-1-57 to 8-31-58; authorizing the 85 cents an hour for the remaining 300 hours. learning period of 1,000 hours at the rates of employment of 15 student-workers in the Emmanuel Missionary College, Berrien 80 cents an hour for the first 500 hours and broom shop industry, in the occupations of Springs, Mich.; effective 9-1-57 to 8-31-58; 85 cents an hour for the remaining 500 hours. broom maker, stitcher, and related skilled authorizing the employment of: (1) 40 Maplewood Academy, Hutchinson, Minn.; and semi-skilled occupations, each for a student-workers in the bookbindery industry, effective 9-1-57 to 8—31—58; authorizing the learning period of 360 hours at the rates of in the occupations of bookbinder, bindery employment of 35 student-workers in the 80 cents an hour for the first 180 hours and worker and related skilled and semi-skilled bookbindery industry, in the occupations of 85 cents an hour for the remaining 180 hours. occupations, each for a learning period of bookbinder, bindery worker, and related Shenandoah Valley Academy, New Market, 600 hours at the rates of 80 cents an hour for skilled and semi-skilled occupations; and 30 Va.; effective 9-1-57 to 8-31-58; authorizing the first 300 hours and 85 cents an hour for student-workers in the woodworking (furni­ the employment of 15 student-workers in the remaining 300 hours; (2) 12 student- ture) industry, in the occupations of wood­ the bookbindery industry, in the occupa­ workers in the print shop industry, in the working machines operator, assembler, fin­ tions of bookbinder, bindery worker, sewer, occupations of pressman, compositor, and isher, and related skilled and semi-skilled trimmer, backer, cutter, case-maker, lettered, related skilled and semi-skilled occupations, occupations. A learning period of 600 hours and related skilled and semi-skilled occu­ each for a learning period of 1,000 hours at at the rates of 80 cents an hour for the first pations including incidental clerical work in the rates of 80 cents an hour for the first 300 hours and 85 cents an hour for the re­ the shop, each for a learning period of 600 500 hours and 85 cents an hour for the re­ maining 300 hours is authorized for each of hours at the rates of 80 cents'an hour for maining 500 hours; (3) 90 student-workers these occupations. Six student-workers are the first 300 hours and 85 cents an hour for in the furniture industry, in the occupa­ authorized in the clerical industry, in the the remaining 300 hours. tions of woodworking machine operator, occupations of typist, bookkeeper, and re­ Southern Missionary College, Collegedale, assembler, finisher, and related skilled and lated skilled and semi-skilled occupations, Tenn.; effective 9-1-57 to 8-31-58; author­ semi-skilled occupations, each for a learning each for a learning period of 480 hours at izing the employment of: (1) 45 student- period of 600 hours at the rates of 80 cents the rates of 80 cents an hour for the first 240 workers in the print shop industry, in the an hour for the first 300 hours and 85 cents hours and 85 cents an hour for the remaining occupations of compositor, pressman, book an hour for the remaining 300 hours; and 240 hours. "binder, and related skilled and semi-skilled (4) 5 student-workers in the clerical indus­ Monterey Bay Academy, Watsonville, Calif.; occupations including incidental clerical try, in the occupations of bookkeeper, typist effective 9-1-57 to 8-31-58; authorizing the work in the shop, each for a learning period and related skilled and semi-skilled occupa­ employment of 18 student-workers in the of 1000 hours; (2) 60 student-workers in tions, each for a learning period of 480 hours trellis manufacturing industry, in the occu­ the broom shop industry, in the occupations at the rates of 80 cents an hour for the first pations of millman, woodworking machine of broom maker, stitcher, winder, sorter, and 240 hours and 85 cents an hour for the re­ operator, assembler, and related skilled and related skilled and semi-skilled occupations, maining 240 hours. semi-skilled occupations including incidental each for a learning period of 360 hours; and Enterprise Academy, Enterprise, Kans.; ■ clerical work in shop, each for a learning (3) 25 student-workers in the clerical indus­ effective 9-1-57 to 8-31-58; authorizing the period of 240 hours at the rates of 80 cents try, in the occupations of typist, stenog­ employment of 9 student-workers in the an hour for the first 120 hours and 85 cents rapher, and related skilled and semi-skilled print shop industry, in the occupations of an hour for the remaining 120 hours. occupations, each for a learning period of compositor, pressman, linotype operator, and Newbury Park Academy, Newbury Park, 480 hours. All occupations shall be paid for related skilled and semi-skilled occupations, Calif., effective 9-1-57 to 8-21-58; author­ at the rates of 80 cents an hour for the first each for a learning period of 1,000 hours at izing the employment of 35 student-workers half and 85 cents an hour for the second the rates of 80 cents an hour for the first in the broom industry, in the occupations of half of their respective authorized learning 500 hours and 85 cents an hour for the broom maker, sorter, winder, stitcher, and periods. remaining 500 hours. related skilled and semi-skilled occupations, Southwestern Junior College, Keene, Tex.; Forest Lake Academy, Maitland, Fla.; ef­ each for a learning period of 360 hours at effective 9-1-57 to 8-31-58; authorizing the fective 9-1-57 to 8-31—58; authorizing the the rates of 80 cents an hour for the first employment of: (1) 12 student-workers in employment of 20 student-workers in the 180 hours and 85 cents an hour for the the print shop industry, in the occupations printing industry, in the occupations of remaining 180 hours. of compositor, pressman, bindery worker, and compositor, pressman, bindery worker and Ozark Academy, Gentry, Ark.; effective related skilled and semi-skilled occupations, related skilled and semi-skilled occupations 9- 1-57 to 8-31-58; authorizing the employ­ each for a learning period of 1000 hours at the including incidental clerical work in the ment of: (1) 30 student-workers in the fur­ rates of 80 cents and hour for the first 500 shop, each for a learning period of 1,000 hours niture manufacturing industry, in the occu­ hours and 85 cents an hour for the remaining at the rates of 80 cents an hour for the first pations of woodworking machines operator, 500 hours; and (2) 3 student-workers in the 500 hours and 85 cents an hour for the assembler, furniture finisher, and related clerical industry, in the occupations of typ­ remaining 500 hours. skilled and semi-skilled occupations includ­ ist:, file clerk, bookkeeper, stenographer, time­ Glendale Union Academy, 700 KimUn ing incidental clerical work in the shop, each keeper, and related skilled and semi-skilled Drive, Glendale, Calif.; effective 9-1-57 to for a 600-hour learning period; (2) 10 stu­ occupations, each for a learning period of 8-31-58; authorizing the employment of 4 dent-workers in the Venetian blind manu­ 480 hours at the rates of 80 cents an hour student-workers in the printing industry, in facturing industry, in the occupations of rail for the first 240 hours and 85 cents an hour cutter, machine operator, spray painter, slat, the occupations of compositor, pressman, and for the remaining 240 hours. cord and tape cutter and assembler, and re­ Sunnydale Academy, Centralia, Mo.; effec­ related skilled and semi-skilled occupations, lated skilled and semi-skilled occupations, tive 9-1-57 to 8-31-58; authorizing the em­ each for a learning period of 1,000 hours at each for a 400-hour learning period; and (3) ployment of 18 student-workers in the food the rates of 80 cents an hour for the first 20 student-workers in the broom shop in­ manufacturing industry, in food manufac* Friday, September 13, 1957 FEDERAL REGISTER 7349

turlng semi-skilled occupations only, for a ATOMIC ENERGY COMMISSION to refile a group tariff within 15 days learning period of 300 hours at the rates of after service of this opinion, the record 80 cents an hour for the first 150 hours and [Docket 50-64] would be remanded to the Examiner for 85 cents an hour for the, remaining 150 hours. U niversity of Akron further hearing and other appropriate Thunderbird Academy (Academy Wood procedures. Capital refiled its group products), Scottsdale, Ariz.; effective 9-1-57 NOTICE OF ISSUANCE OF FACILITY LICENSE to 8-31-58: authorizing the employment of fare tariff to which objection was made 60 student-workers In the woodworking shop Please take notice that no request for a by Delta and American. On September (furniture) industry, in the occupations of formal hearing having been filed follow­ 5, 1957, the Board suspended the group woodworking machine operator, assembler, ing the publication of notice of the pro­ fares in Docket No. 8991 and consoli­ furniture finisher helper, and related skilled posed action in the F ederal R egister on dated that docket into Docket No. 8456. and semi-skilled occupations including inci­ Examiner Ruhlen who conducted the dental clerical work in shop, each for a learn­ August 10,1957, 22 F. R. 6437, the Atomic ing period of 600 hours at the rates of 80 cents Energy Commission has issued License hearing in the Capital Group Student an hour for the first 300 hours and 85 cents R-24 authorizing the University of Akron Fares Case is not available because of and hour for the remaining 300 hours. to acquire, possess and dperate, at the other assignments and the case is, there­ Union College, Lincoln, Nebr.; effective location in Akron, Ohio, described in the fore, being remanded to Examiner Mad­ g-1-57 to 8-31-58; authorizing the employ­ application in Docket 50-64, a 100-milli­ den for further procedural action. ment of: (1) 6 student-workers in the print watt nuclear reactor constructed by Aer­ shop industry, in the occupations of com­ Dated at Washington, D. C., Septem­ positor, pressman, and related skilled and ojet-General Nucleonics and designated ber 10,1957. semi-skilled occupations, each for a learning by AGN as Model AGN-201, Serial No. [ seal] F rancis B row n, period of 1000 hours; (2) 12 student-workers 104. W. in the bookbihdery industry, in the occupa­ The license as issued covers Model Chief Examiner. tions of bookbinder, bindery worker, and AGN-201, Serial No. 104 rather than [F. R. Doc. 57-7547; Filed, Sept. 12, 1957; related skilled and semi-skilled occupations, Serial No. 108 as indicated in the notice 8:56 a. m.] each for a 600-hour learning period; (3) 6 of proposed issuance.- The two reactors student-workers in the broom industry, in are identical. Serial No. 104 is presently the occupations of broom maker, stitcher, FEDERAL COMMUNICATIONS and related skilled and semi-skilled occupa­ being used at Argonne National Labora­ tions, each for a 360-hour learning period; tory. COMMISSION (4) 35 student-workers in the furniture in­ Dated'at Washington, D. C. this 5th [Docket No. 11588 etc.; FCC 57M-825] dustry, in the occupations of woodworking day of September 1957. machines operator, assembler, finisher, and J oseph M. R ipl e y , I nc., et al. related skilled and sémi-skilled occupations, For the Atomic Energy Commission. each for a learning period of 600 hours; and ORDER CONTINUING HEARING CONFERENCE (5) 6 student-workers in the clerical in­ F rank K. P ittman, . dustry, in the occupations of bookkeeper, Acting Director, In re applications eff Joseph M. Ripley, business machines operator, and related Division of Civilian Application. Inc., Jacksonville, Florida, Docket No. ■ skilled and semi-skilled occupations, each 11588, File No. BP-9788; Robert Heck- [F. R. Doc. 57-7490; Filed, Sept. 12, 1957; sher, Jacksonville, Florida, Docket No. I for a learning period of 480 hours. All occu- 8:45 a. m.] I pations shall be paid for at the rates of 80 11777, File No. BP-10255; Dan Richard­ I cents an hour for the first half and 85 cents son, Orange Park, Florida, Docket No. an hour for the remaining half of the re­ 11999, File No. BP-10697; for construe-, spective authorized learning periods. CIVIL AERONAUTICS BOARD tion permits. Upper Columbia Academy, Spangle, Wash.; [Docket No. 6093 et al.] effective 9-1-57 to 8-31-58; authorizing the The Hearing Examiner having under employment of 30 student-workers in the I ntra-A laska Case consideration an informal request from furniture shop (upholstered) - industry, in counsel for Robert Hecksher, an appli­ the occupations of woodworking machines NOTICE OF REASSIGNMENT OF ORAL ARGUMENT cant herein, that the pre-hearing con­ operator, springer, sewer, upholsterer, as­ Notice is hereby given, pursuant to ference presently scheduled for Septem­ sembler, furniture finisher, and related the provisions of the Civil Aeronautics ber 10, 1957, be continued to September skilled and semi-skilled occupations, each Act of 1938, as amended, that the oral 17, 1957; for a learning period of 600 hours at the It appearing that counsel for all par­ rates of 80 cents an hour for the first 300 argument in the above-entitled proceed­ hours and 85 cents an hour for the remain­ ing now assigned to be held on Septem­ ties to the proceeding have concurred ing 300 hours. ber 25 is reassigned for September 24, therein; Walla Walla College, Drawer 1, College 1957,10:00 a. m., e. d. s. t., in Room 5042, It is ordered, This 6th day of Septem­ Place, Wash.; effective 9-1-57 to 8-31-58; Commerce Building, Constitution Ave­ ber 1957, that the pre-hearing confer­ authorizing the employement of : ( 1 ) 10 nue, between- 14th and 15th Streets ence, which is presently scheduled herein I student-workers in the printing industry, for September 10,1957, be, and the same I in the occupations of compositor, pressman, NW., Washington, D. C., before the Board. is hereby, continued to September 17, I bindery worker, and related skilled and semi- 1957, at 10:00 o’clock a. m., in the offices ! skilled occupations each for a learning Dated at Washington, D. C., September qf the Commission, Washington, D. C. I period of 1,000 hours at the rates of 80 10,1957. I cents an hour for the first 500 hours and Released: September 9, 1957. I 85 cents an hour for the remaining 500 [ seal] F rancis W. B rown, I hours; and (2) 25 student-workers in the Chief Examiner. F ederal Communications I bookbindery industry, in the occupations of Com m ission, I bookbinder, bindery worker, and related [F. R. Doc. 57-7546; Filed, Sept. 12, 1957; [ seal] B en F. W aple, | filled and semi-skilled occupations, each 8:56 a. m.] Acting Secretary. I for a learning period of 600 hours at the I rates of 80 cents an hour for the first 300 [F. R. Doc. 57-7518; Filed, Sept. 12, 1957; I hours and 85 cents an hour for the remain­ 8:51 a. m.] ing 300 hours. [Docket No. 8456] I These student-worker certificates were Capital G roup S tudent F ares I issued upon the applicant’s représenta - NOTICE OF PREHEARING CONFERENCE * [Docket No. 11973 etc.; FCC 57-951] I hons and supporting material fulfilling • Notice is hereby given pursuant to the P alm S prings T ranslator S tation, I nc. I the statutory requirements for the issu­ provisions of the Civil Aeronautics Act ance of such certificates, as interpreted of 1938, as amended, that a prehearing ORDER DESIGNATING APPLICATIONS FOR CON­ and applied by Part 527. conference in the above-entitled pro­ SOLIDATED HEARING ON STATED ISSUES Signed at Washington, D. C., this 6th ceeding is assigned to be held on Sep­ In re applications of Palm Springs % of September 1957. tember 25, 1957, at 10:00 a. m., e. d. s. t., Translator Station, Inc., Palm Springs, in Room El-210, Temporary Building California, Docket No. 11973, File No. M ilton B rooke, No. 5, Seventeenth Street and Constitu­ BPTT-12; Docket No. 11974, File No. Authorized Representative of the tion Avenue, NW., Washington, D. C., BPTT-13; for construction permits for 'Administrator. before Examiner William J. Madden. new television broadcast translator sta­ ip- R. Doc. 57-7495; Filed, Sept. 12, 1957; In the Board’s decision of July 31,1957, tions; Palm Springs Translator Station, 8:46 a. m.] the Board concluded that if Capital were Inc., Palm Springs, California, Docket 7350 NOTICES

No. 12149, File No. BMPTT-5; Docket No. It is ordered, That pursuant to sec­ tember 16, 1957, is hereby rescheduled 12150, File No. BMPTT-6; for modifica­ tion 309 (b) of the Communications Act to commence at 10:00 a. m., October 2 tion of construction permits to increase of 1934, as amended, said applications of 1957, in the Commission’s offices effective radiated power and to make Palm Springs Translator Station, Inc., Washington, D. C. 1 changes in antenna system; Palm for modification of construction permits Springs Translator Station, Inc., Palm (BMPTT-5, BMPTT-6) and for licenses Released: September 10,1957. Springs, California, Docket No. 12151, to cover its translator stations (BLTT-11, F ederal Communications File No. BLTT-11; Docket No. 12152, File BLTT-12) are designated for hearing in Com m ission, No. BLTT-12; for television broadcast a consolidated proceeding with the appli­ [seal] B en F. W aple, translator station licenses to cover trans­ cations of Palm Springs Translator Sta­ Acting Secretary. lator stations K-70-AL and K-73-AD, tion, Inc. (Dockets Numbers 11973, [F. R. Doc. 57-7520; Piled, Sept. 12, 1957. Palm Springs, California. 1197.4, Pile Numbers BPTT-12, BPTT-13) 8:51 a. m.] At a session of the Federal Communi­ at a time and place to be specified in a cations Commission, held at its offices in subsequent order upon the following is­ Washington, D. C., on the 5th day of sues in addition to the issues specified September 1957; by the Commission in its Memorandum [Docket Nos. 12104,12105; FCC 57M-828] The Commission having under con­ Opinion and Order of April 3, 1957 in sideration the above-captioned applica­ Dockets Numbers 11973 and 11974: R alph D. Epperson and W illiamsburg tions requesting (1) authority to modify 1. To determine whether, in view of B roadcasting Co. construction permits to increase Effec­ the installation and operation of equip­ NOTICE OF PREHEARING CONFERENCE tive Radiated Power and to make ment other than that specified in its changes in antenna system, and (2) li­ construction permits, there has been con­ In re applications of Ralph D. Epper­ censes to cover television broadcast struction and/or operation of Stations son, Wiliamsburg, Virginia, Docket No. translator stations K-70-AL and K-73- K-70-AL and K-73-AD without prior 12104, File No. BP-10958; M ary Cobb and AD, Palm Springs, California; and a Commission authorization, and, if so, Richard S. Cobb, d/b as Williamsburg letter filed by Palm Springs Community whether such construction and/or oper­ Broadcasting Co., Williamsburg, Vir­ Television Corporation on April 19, 1957, ation would preclude the issuance of ginia, Docket No. 12105, File No. BP- requesting the Commission to order the 11199; for construction perm its. licenses to cover permits pursuant to Notice is hereby given that a further permittee to cease operating its stations section 319 (a) of the Communications and designate for hearing the applica­ prehearing conference will be held in the Act of 1934, as amended. above-entitled matter at 10:00 a. m., Sep­ tions for modification of construction 2. To determine whether there was any permits; and tember 23, 1957, in the Commission’s willful intent on the part of the permit­ offices at Washington, D. C. It appearing that by Memorandum tee to disregard the specifications of its Opinion and Order dated April 3, 1957, construction permits with respect to the Dated: September 9, 1957. the Commission, upon protest by Palm type of equipment to be installed and the Released: September 10, 1957. Springs Community Television Corpo­ maximum Effective Radiated Power to ration, ordered that the above-captioned be utilized. F ederal Communications applications for construction permits be 3. To determine, in light of the evi­ Com m ission, designated for hearing on certain speci­ dence adduced on the above issues and [seal] B en F. W aple, fied issues; that Palm Springs Commu­ the issues specified in the Commission’s Acting Secretary. nity Television Corporation (owner and Order of April 3, 1957, whether a grant [F. R. Doc. 57-7521; Filed, Sept. 12, 1957; operator of a community antenna system of the applications (BMPTT-5, BMPTT- 8:51 a. m.] serving Palm Springs, California) was 6, BLTT-11, BLTT-12) for modification made a party to the hearing with respect of construction permits and licenses to to all the matters placed in issue; that cover would be in the public interest. the hearing in this matter has been con­ [Docket Nos. ,12144, 12145; PCC 57-948] tinued without date; and Released: September 10, 1957. It further appearing that pursuant to F ederal Communications B eehive T elecasting Corp. and Jack A. the provisions of section 309 (b) of the Com m ission, B urnett Communications Act of 1934, as amend­ [seal] E velyn F. E ppley, ORDER- DESIGNATING APPLICATIONS FOR CON­ ed, Palm Springs Translator Station, Inc. Acting Secretary. SOLIDATED HEARING ON STATED ISSUES was advised by letter dated June 6, 1957, [F. R. Doc. 57-7519; Piled, Sept. 12, 1957; In re applications of Beehive Telecast­ of all objections to the above-captioned 8:51 a. m.J applications for modification of con­ ing Corporation, Provo, Utah, Docket No. struction permits and for licenses to 12144, File No.. BPCT-2051; Jack A. cover its translator stations, that the Burnett, Provo, Utah, Docket No. 12145, File No. BPCT-2264; for Construction Commission was unable to determine [Docket Nos. 12089,12090; FCC 57M-829] that a grant of said applications would permits for new television broadcast be in the public interest, and was af­ P ort Cit y T elevision Co., I nc. and stations. forded an opportunity to reply; and B ayou B roadcasting Corp. At a session of the Federal Communi­ cations Commission held a t its offices in It further appearing that upon due ORDER CONTINUING HEARING consideration of the above-captioned ap­ Washington, D. C., on the 5th day of plications for modification and license, In re applications of Port City Tele­ September 1957 ; the Commission’s letter of June 6, 1957, vision Company, Inc., Baton Rouge, The Commission having under consid­ the applicant’s reply thereto of June 24, Louisiana, Docket No. 12089, File No. eration the above-captioned applica­ 1957, and the letter from Palm Springs BPCT-2262; for construction permit for tions, each requesting a construction Community Television Corporation, the new television broadcast station; Bayou permit for a new television broadcast sta­ Commission is unable to find that a grant Broadcasting Corporation, Baton Rouge, tion to operate on Channel 11 in Provo, of the applications would be in the public Louisiana, Docket No. 12090, File No. Utah; and interest and concludes that a hearing is BMPCT-4417; for modification of con­ ' It appearing that the above-captioned necessary; and struction permit for new television applications are mutually exclusive, in It further appearing that consolida­ broadcast station. that operation by more than one of the tion of the hearing upon the above-cap­ It is ordered, This 9th day of Septem­ applicants would result in mutually de­ tioned applications for modification and ber 1957, that a further pre-hearing structive interference; and conference in the above-entitled matter It further appearing that pursuant to license with the pending protest hearing will be held at 10:00 a. m., September section 309 (b) of the Communications in the above-captioned Dockets Numbers 25, 1957, in the Commission’s offices at Act of 1934, as amended, the above- 11973 and 11974 would best conduce to Washington, D. C.; and named applicants were advised by letters the proper dispatch of the Commission’s, It is further ordered, That the hearing of the fact that their applications were business and to the ends of justice; heretofore scheduled to commence Sep- mutually exclusive, of the necessity for Friday, September 13, 1957 FEDERAL REGISTER 7351 a hearing and of all objections to their [Docket No. 12146 etc.; FCC 57-949] Corporation, is authorized to construct, applications, and were given an oppor­ U nited B roadcasting Co., I nc., et al own and operate a television broadcast tunity to reply; and station in North Carolina. It further appearing that upon due ORDER DESIGNATING APPLICATIONS FOR CON­ 2. To determine the financial quali­ 'consideration of the above-captioned ap­ SOLIDATED HEARINGS ON STATED ISSUES fications of United Broadcasting Com­ plications, the amendments filed thereto In re applications of United Broad­ pany, Inc. to construct, own and operate and the replies to the above letters, the casting Company, Inc., Wilmington, the proposed television broadcast station. Commission finds that Beehive Telecast­ North Carolina, Docket No. 12146, File 3. To determine the correct geographic ing Corporation is legally, technically, No. BPCT-2169; Carolina Broadcasting coordinates of the antenna site proposed financially and otherwise qualified to System, Inc., Wilmington, North Caro­ by United Broadcasting Company, Inc. construct, own and operate the proposed lina, Docket No. 12147, File No. BPCT- 4. To determine the correct antenna television broadcast station; and that 2191; New Hanover Broadcasting Com­ power gain rating, the transmission line Jack A. Burnett is legally, technically pany, Wilmington, North Carolina, losses and transmitter power output of and otherwise qualified to construct, own Docket No. 12148, File No. BPCT-2310; the installation proposed by United and operate the proposed television for construction permits for new televi­ Broadcasting Company, Inc. broadcast station; sion broadcast stations. 5. To determine on a comparative basis It is ordered, That pursuant to section At a session of the Federal Communi­ which of the operations proposed in the 309 (b) of the Communications Act of cations Commission held at its offices above-captioned applications would best 1934, as amended, the above-captioned in Washington, D. C. on the 5th day of serve the public interest, convenience applications of Beehive Telecasting Cor­ September 1957; and necessity in the light of the record poration and Jack A. Burnett are desig­ The Commission having under con­ made with respect to the significant dif­ nated for hearing in a consolidated pro­ sideration the above-captioned appli­ ferences among the applicants as to: ceeding at a time and place to be cations, each requesting a construction (a) The background and experience specified in a subsequent order on the permit for a new television broadcast of each having a bearing on its ability following issues: station to operate on Channel 3 in Wil­ to own and operate the proposed televi­ 1. To determine the financial qualifica­ mington, North Carolina; and sion broadcast stations. tions of Jack.A. Burnett to construct, It appearing that the above-captioned (b) The proposals of each with respect own and operate the proposed television applications are mutually exclusive, in to the management and operation of the broadcast station, that operation by more than one of the television broadcast stations. 2. To determine on a comparative basis applicants, as proposed, would result in (c) The programming service proposed which of the operations proposed in the mutually destructive interference; and in each of the above-captioned applica­ above-captioned applications would It further appearing that pursuant to tions. . better serve the public interest, conven­ section 309 (b) of the Communications 6. To determine in the light of the ience and necessity in light of the record Act of 1934, as amended, the above- evidence adduced pursuant to the fore­ ¡made with respect to the significant named applicants were advised by letters going issues, which of the applications differences between the applicants as to: of the fact that their applications are should be granted. (a) the background and experience of mutually exclusive, of the necessity for a It is further ordered, That the issues in each having a bearing on its ability to hearing and of all objections to their ap­ the above-entitled proceeding may be own and operate the proposed television plications, and were given an opportun­ enlarged by the Examiner on his own broadcast station. ity to reply; and motion or on petition properly filed by a (b) the proposals of each with respect It further appearing that Carolina party to the proceeding and upon a suffi­ to the management and operation of the Broadcasting System, Ipo, proposes a cient allegation of facts in support there­ proposed television broadcast stations, main studio location outside of Wilming­ of, by the addition of the following issue: (c) the programming service proposed ton, the principal city;, that Carolina To determine whether the funds avail­ in each of the above-captioned applica­ Broadcasting System, Inc. has requested able to the applicants will give reason­ tions. a waiver of .§ 3.613 (a) of the rules which able assurance that the proposals set It is further ordered, That the issues requires that the main studio be located forth in the application will be effectu­ in the above-entitled proceeding may be within the principal community unless ated. enlarged by the Examiner on his own good cause therefor is shown as provided It is further ordered, That to avail in § 3.613 (b); and that such a showing themselves of the opportunity to be motion or on petition properly filed by a heard, United Broadcasting Company, party to the proceeding and upon a has been made; and It further appearing that upon due Inc., Carolina Broadcasting System,.Inc., sufficient allegation of fact in support consideration of the above-captioned ap­ and New Hanover Broadcasting Com­ thereof, by the addition of the following plications, the amendments thereto, and pany, pursuant to § 1.387 of the Com­ issue: To determine whether the funds the replies to the above letters, the Com­ mission’s rules, in person or by attorney, available to the applicants will give rea­ mission finds that United Broadcasting shall within 20 days of the mailing of this sonable assurance that the proposals set Company, Inc. is qualified to construct, order file with the Commission, in tripli­ forth in the application will be ef­ own and operate the proposed television cate, a written appearance stating an fectuated. broadcast station except as to issues “1”, intention to appear on the date fixed for It is further ordered, That to avail “2”, “3”, and “4” below; that Carolina the hearing and present evidence on the themselves of the opportunity to be Broadcasting System, Inc. is legally, issues specified in this order. heard, Beehive Telecasting Corporation technically, financially and otherwise Released: September 10, 1957. and Jack A. Burnett, pursuant to § 1.387 qualified to construct, own and operate the proposed television broadfcast sta­ F ederal Communications of the Commission’s rules, in person or tion; and that New Hanover Broadcast­ Com m ission, by attorney, shall within 20 days of the ing Company is legally, financially [seal] E velyn F. E ppley, mailing of this order file with the Com­ technically and otherwise qualified to Acting Secretary. mission, in triplicate, a written appear­ construct, own and operate the proposed [F. R. Doc. 57-7523; Filed, Sept. 12, 1957; ance stating an intention to appear on television broadcast station; 8:51 a. m.] the date fixed for the hearing and pre­ It is ordered, That pursuant to section sent evidence on the issues specified in 309 (b) of the Communications Act of this order, 1934, as amended, the above-captioned FEDERAL POWER COMMISSION applications of United Broadcasting [Docket No. G-11465] Released: September 10, 1957. Company, Inc., Carolina Broadcasting H um phreys County U tility D istrict F ederal C ommunications System, Inc. and New Hanover Broad­ casting Company are designated for notice of application Com m ission, hearing in a consolidated proceeding at tSEAL] E velyn F. E ppley, a time and place to be specified in a sub­ S eptember 9, 1957. Acting Secretary. sequent order upon the following issues: Take notice that The Humphreys [F- R. Doc. 57-7522; Filed, Sept. 12, 1957; 1. To determine whether United County Utility District, a municipal cor­ 8:51 a. m.l Broadcasting Company, Inc., a Maryland poration organized under the laws of 7352 NOTICES

Tennessee and located at Waverly, Ten­ hydro energy to the Company and for the power and energy required for such con. nessee, filed on July 29, 1957, a petition Company to sell power and energy to denser operation. or application for an order amending SWPA or for its account. (5) It is also provided that the fore, the order issued by the Federal Power The rates and charges and certain re­ going rates and charges shall remain in Commission on May 27, 1957, in the lated provisions contained in the pro­ force and effect for a period of five years above-entitled matter wherein the Ten­ posed agreement are as follows: from the date of confirmation and an- nessee Gas Transmission Company was (1) The Government shall sell and proval of the Federal Power Commission directed to establish physical connection deliver and the Company shall purchase at which time, and at the end of each with the facilities of Applicant and to and receive (a) during each particular succeeding five-year period, the rates and sell and deliver natural gas to the mu­ month, an amount of capacity equal to charges shall be reviewed and a new nicipality in volumes not to exceed 1515 two times the greater of either the maxi­ schedule of rates and charges for the Mcf. per day (at 14.73 psia). Appli­ mum sum of the non-simultaneous succeeding five-year period submitted to cant now requests that the volume of maximum 30-minute integrated de­ the Federal Power Commission for con­ natural gas be increased from the mands established during any month of firmation and approval. In addition amount specified in the order above- the elapsed period of the agreement at because the rates and charges may be mentioned to the amounts shown in the all points of delivery to the Government affected by conditions over which the table below, and that the said order be or for its account, or the total power two parties have no control, such rates amended directing Tennessee Gas which the Company is obligated to de­ and charges may be reviewed at any time Transmission Company to supply the liver to the Government and (b) during at the request of either party, if the volumes at the time the facilities of the the contract year, an amount of energy parties are unable to reach an agree­ Applicant, which are to be constructed, equal to 1800 hours times such amount ment on a new schedule of rates and are ready for service. of capacity determined in (a) above. In charges, which are the result of either The estimated annual and peak day the event such amount of capacity is in­ the periodic or the requested review of gas requirements expressed in Mcf for creased or decreased during the contract the rates and charges, and the Govern­ the first three years of operations as year, the total number of kilowatt-hours ment, in order to fulfill the requirements now proposed are as follows: (kwh) due the Company during the con­ of section 5 of the Flood Control Act of tract year shall be pro-rated for the re­ 1944, submits a new schedule of rates and Year Annual Peak day maining number of months in the charges to the Federal Power Commis­ contract year following such increase or sion for confirmation and approval, the k ...... 273,517 2,611 decrease. .Company may terminate this proposed 2...... 463,503 2,737 (2) Payments by the company, (a) agreement by giving notice to the Gov­ 3...... 474, 576 2,915 The Company shall compensate the ernment within 90 days after the date Government each month for the power such new schedule of rates and charges Applicant represents that the reason and energy purchased pursuant to (1) is confirmed and approved by the Fed­ for the increased requirements of nat­ above as follows: eral POwer Commission; such termina­ ural gas from Tennessee Gas Transmis­ Capacity charge. $1.20 per kw per month. tion to be effective on the date specified sion Company is that a new customer Energy charge. $0.002 per kwh for each in such notice but not earlier than one has located an industry in its service area kwh scheduled and received during the year nor later than three years from and is demanding gas service to the ex­ month. the date of such notice: Provided, That tent of the amount of the requested in­ (b) The Company shall compensate all rates and charges for -the sale of crease, 1400 Mcf per day as a maximum. power and energy under this agreement This matter is one that should be dis­ the Government each month for excess hydro energy as follows: as confirmed and approved by the Fed­ posed of as promptly as possible under eral Power Commission shall become ef­ the applicable rules and regulations and Excess hydro energy charge. $0.0015 per fective and applicable as of the date of to that end: kwh tor each kwh scheduled and received such confirmation and approval. Take further notice that protests or during the month. The agreement shall remain in force petitions to intervene may be filed with (3) Payments by the Government. and effect until July 1, 1976. the Federal Power Commission, Wash­ (a) The Government shall compensate Any person desiring to make com­ ington 25, D. C., in accordance with the the Company each month for power and ments or suggestions with respect to the rules of practice and procedure (18 CFR energy delivered to the Government or foregoing should submit the same in 1.8 or 1.10) on or before September 30, for its account as follows: writing on or before October 1, 1957, to 1957. Capacity charge. $1.65 per kw per m onth the Federal Power Commission, 441 G [seal] J oseph H. G utride, of the greater of either the maximum sum Street, NW., Washington 25, D. C. The Secretary. of the non-simultaneous maximum 30-min­ proposed rates and the supplemental ute integrated demands, established during agreement in its entirety are on file with [P. R. Doc. 57-7497; Piled, Sept. 12, 1957; any month of the elapsed period of the agree­ 8:46 a. m.] the Commission and are available for ment, at all points of delivery to the Govern­ public inspection. ment or for its account, or the total power which the Company is obligated to deliver [seal] J oseph H. G utride, [Docket No. E-6772]. to the Government. • Secretary. Energy charge. $0.003 per kwh for each D epartment of the I nterior, S outh­ kwh delivered to or for the account of the [F. R. Doc. 57-7498; Filed, Sept. 12, 1957; 8:46 a. m.] western P ower A dministration Government. In addition, the Government shall, at the notice of request for approval of rates end of eabh contract year compensate the AND CHARGES Company for each $0.01 Increase in the aver­ SECURITIES AND EXCHANGE age cost of fuel in the Company’s thermal S eptember 9, 1957. generating plant during such year above the COMMISSION Notice is hereby given that the United average cost of $0.08 per million BTU, an [File No. 24SF-2172] States Department of the Interior, on am ount equal to $0.00014' per kwh for the difference between the number of kwh de­ behalf of the Southwestern Power Ad­ I dea I nc. ministration (SWPA), has filed with the livered by the Company to the Government Federal Power Commission for confirma­ or for its account and the number of kwh ORDER PERMANENTLY SUSPENDING (exclusive of excess hydro energy purchased EXEMPTION tion and approval pursuant to the pro­ and received by the Company) during such visions of the Flood Control Act of 1944 year. S eptember 5, 1957. (58 Stat. 887) the rates and charges for (4) In addition, the agreement further Idea Inc. having filed with the Com­ the sale of electric power and energy mission on September 30, 1955, a notifi­ contained in an agreement dated April provides that the Government will oper­ cation on Form 1-A and an Offering Cir­ 29, 1957, between SWPA and the South- ate one or more generating units as con­ cular for the purpose of obtaining a® Western Gas and Electric Company. densers at the request of the Company, exemption from the registration provi­ The agreement provides for SWPA to and the Company will furnish, without sions of the Securities Act of 1933, pur­ cell peaking power and energy and excess cost to the Government, the electric suant to section 3 (b) thereof and Regu- Friday, September 13, 1957 FEDERAL REGISTER 7353 lation A thereunder, with respect to an name implied that the company had (3) Whether the use of the name offering of 200,000 shares of its Class A some particular investment or other ad­ “Civil and Military Investors Mutual stock $1 Par value, at $1 a share; vantage for the government employee or Fund, Inc.” and specifically the use of the The Commission having by order serviceman not obtainable by the general words “Civil and Military” in such name, dated December 20, 1956, pursuant to public, which implication rendered the may have the effect of representing or Rule 223 (a) of Regulation A, tempo­ name misleading and deceptive within implying that such registrant, or any se­ rarily suspended the aforesaid exemp- the meaning of section 35 (d) of the act. curities issued by it has been guaranteed, On March 22, 1957, the name of the sponsored, recommended, or approved by tKThe Commission having ordered a corporation was changed to Civil and the United States or any agency or any hearing to determine whether to vacate Military Investors Mutual Fund, Inc. officer thereof, in violation of section 35 the order of temporary suspension or to No changes have been made in the in­ (a) of said act, and, if such representa­ enter an order permanently suspending vestment policies of the Fund. An tion or implication exists, whether such the exemption; ^ • ••• •: amended prospectus under the Securi­ representation or implication renders Hearings having been held after ap­ ties Act of 1933 has been filed which such name deceptive or misleading propriate notice, and the hearing exam­ discloses that the sale of the Fund’s within the scope of section 35 (d) of the iner having filed a recommended shares will no longer be restricted to act. decision; .. . personnel of the Federal, State or local (4) Whether for any other reason The Commission having this day is­ governments but which states that “such such name is inconsistent with the pro­ sued its Findings and Opinion; on the personnel constitute a desirable group of visions of said act; basis of said Findings and Opinion. investors for the Fund and its distribu­ (5) What order, if any, should be en­ It is ordered, Pursuant to Rule 223 of tor to offer the Fund’s shares to”. Such tered with respect to the use of such Regulation A under the Securities Act prospectus further states that “no rep­ name or any words in such name, pur­ of 1933, that the exemption from regis­ resentation is here made or intended suant to the applicable provisions of the tration with respect to the above de­ either (1) that the investment policy of act. scribed. offering of securities of Idea Inc. this Fund or (2) that the terms on It is further ordered, That James G. be, and it hereby is, permanently sus­ which its shares can be bought are more Ewell, or any officer or officers of the pended. favorable to .civil and military investors Çommission designated by it for that than to other persons”. purpose, shall preside at said hearing. By the Commission. It appearing to the Commission that The officer so designated is hereby au­ [SEAL] ORVAL L . DUBOIS, the corporate name may contain rep­ thorized to exercise all the powers Secretary. resentations or implications, as more granted to the Commission under sec­ [P, R. Doc. 57-7499; Filed, Sept. 12, 1957; fully set forth below, prohibited by sec­ tions 41 and 42 (b) of the Investment 8:47 a. m.] tion 35 (a) of the act or deceptive or Company Act of 1940 and to a hearing misleading within the scope of section officer under the Commission’s rules of 35 (d) of the act; and practice. It further appearing to the Commis­ It is further ordered, That the Secre­ [File No. 811-659] sion that it is in the public interest and tary of this Commission shall give notice the interest of investors that a hearing of the aforesaid hearing by mailing a Civil and Military Investors Mutual be held with respect to such matter, for copy of this notice and order by regis­ Fund, Inc. the purpose of considering, in connec­ tered mail to Civil and Military Investors NOTICE OP AND ORDER FOR HEARING tion therewith, the various matters here­ Mutual Fund, Inc., 1033 30th Street, NW., CONCERNING CORPORATE NAME inafter set forth, and for the purpose of Washington, D. C., and that notice to all persons shall be given by publication of September 9,1957. determining what order, if any, should be issued by the Commission pursuant this notice and order in thé Federal On November 15, 1954 Government to section 35 and any other applicable R egister; and that a general release of Personnel Mutual Fund, Inc. filed with provisions of the Investment Company this Commission in respect of this notice this Commission, pursuant to the In­ Act of 1940; and order be distributed to the press and vestment Company Act of 1940 (“the Wherefore it is ordered, That a hear­ mailed to the mailing list for releases. act”), a Notification of Registration on ing under the applicable provisions of It is further ordered, That any person Form N-8A in which it stated, among the Investment Company Act of 1940 and desiring to be heard in said proceedings, other things, that it proposed to engage the Rules of the Commission thereunder shall file with the Secretary of the Com­ in business as an open-end diversified be held on the 23rd day of September, mission his application as provided by management investment company. In 1957, at 10:00 a. m„ in the offices of the Rule XVII of the rules of practice, on or November 1955 it filed its registration Securities and Exchange Commission, before the date provided in that rule set­ statement under the Securities Act of 425 Second Street, NW., Washington, ting forth any issues of law or facts 1933 with respect to an offering of 300,- D . C. At such time the Hearing Room which he desires to controvert or any ad­ shares of its stock, in which it rep­ Clerk will advise as to the room in which ditional issues which he deems raised by resented that it proposed to limit the such hearing will be held.. At such hear­ this notice and order or by such applica­ sale of such stock to personnel of the ing consideration will be given to the tion. Federal State or local governments, in­ following matters and questions, without By the Commission. cluding military personnel, or to organi­ prejudice, however, to the specification zations of such personnel. of any additional issues which may be [seal] Orval L. DuBois, In January 1956 the registrant changed presented by the use of such corporate Secretary. its name to The Private Investment name : [F. R. Doc. 57-7500; Filed, Sept. 12, 1957; Fund for Governmental Personnel, Inc. (1) Whether the use of the words 8:47 a. m.] and thereafter proceedings were insti­ “Civil and Military Investors” in regis­ tuted by the Commission to determine trant’s corporate name implies that there whether such name was deceptive or mis­ will be special investment or other ad­ leading within the scope of sections vantages to the civil and military person­ [File No. 1-703] « (a) and (d) of the act. These pro­ nel of the Federal, State and local Philadelphia Insulated Wire Co. ceedings culminated in a Findings, governments to whom the sale of the Opinion and Order of the Commission, Fund’s shares will be directed. NOTICE OP APPLICATION TO STRIKE FROM Jated January 18, 1957 (Investment (2) Whether, if the corporate name LISTING AND REGISTRATION, AND OF OPPOR­ Company Act Release No. 2474) in which implies special investment or other ad­ TUNITY FOR HEARING " Was found, among other things, that name implied to the civilian and vantage as set forth in paragraph 1 September 9,1957. military personnel of the United States above, such special investment or other In the matter of Philadelphia Insu­ me approval by the United States of advantage will in fact exist, and if. not, lated Wire Company capital stock; File me registrant company or its securities whether such corporate name is decep­ No. 1-703. n violation of sections 35 (a) and (d) of tive or misleading within the scope of Philadelphia-Baltimore/ Stock Ex­ me act. it was further found that the section 35 (d) of the act. change has made application, pursuant 7354 NOTICES to section 12 (d) of the Securities Ex-, New York Stock Exchange has made SMALL BUSINESS ADMINISTRA. change Act of 1934 and Rule X-12D2-1 application, pursuant to Section 12 (d) (b) promulgated thereunder, to strike of the Securities Exchange Act of 1934 TION the above named security from listing and registration thereon. and Rule X-12D2-1 (b) promulgated IDelegation of Authority 80-VII-l, Arndt, l] The reasons alleged in the application thereunder, to strike the above named for striking this security from listing and. security from listing and registration; Chief, F inancial Assistance Divisioh registration include the following: thereon. DELEGATION RELATING TO FINANCIAL There are only 17 holders of this The reasons alleged in the application ASSISTANCE FUNCTIONS stock. There have been no sales on the for striking this security from listing and Exchange during the years 1955 and registration include the following : Delegation of Authority No. 30-VH-i 1956. In filing the delisting application, In the opinion of the Exchange, the (22 F. R. 6449) is hereby amended by; the Exchange has complied with a re­ Company does not meet the Exchange’s Sec. 1 : Deleting subsection I. B. 2 In quest of the issuer. requirements for continued listing in its entirety and substituting the follow­ Upon receipt of a request, on or before that the total outstanding Common September 24, 1957, from any interested ing in lieu thereof: person for a hearing in regard to terms Stock of the Company is held by less than 250 holders of record. 2. To approve disaster loans In to be imposed upon the delisting of this an amount not exceeding $50,000. security, the Commission will determine Dealings on the Exchange in the Com­ w hether'to set the matter down for mon Stock of the Company were sus­ Dated: August 28, 1957. hearing. Such request should state pended before the opening of the trad­ William H. K elley, briefly the nature of the interest of the ing session on August 19, 1957. Regional Director, person requesting the hearing and the Upon receipt of a request, on or before Chicago Regional Office. position he proposes to take at the hear­ September 24, 1957, from any interested ing with respect to imposition of terms. person for a hearing in regard to terms [F. R. Doc. 57-7503; Filed, Sept. 12, 1957; In addition, any interested person may 8:47 a. m.] submit his views or any additional facts to be imposed upon the delisting of this bearing on this application by means of security, the Commission will determine a letter addressed to the Secretary of the whether to set the matter down for hear­ Securities and Exchange Commission, ing. Such request should state briefly Washington 25, D. C. If no one requests the nature of the interest of the person a hearing on this matter, this applica­ requesting the hearing and the position TITLE 2— THE CONGRESS tion will be determined by order of the he proposes to take at the hearing with Commission on the basis of the facts respect to imposition of terms. In addi­ ACTS APPROVED BY THE PRESIDENT stated in the application and other in* tion, any interested person may submit Editorial N ote: After the adjourn­ formation contained in the official file his views or any additional facts bearing of the Commission pertaining to the ment of the Congress sine die, and until matter. on this application by means of a letter all public acts have received final Presi­ addressed to the Secretary of the Securi­ By the Commission. dential consideration, a listing of public ties and Exchange Commission, Wash­ laws approved by the President subse­ [seal] Orval L. DuBois, ington 25, D. C. If no one requests a Secretary. hearing on this matter, this application quent to adjournment will appear in the daily F ederal R egister under Title 2, {F. R. Doc. 57-7501; Filed, Sept. 12, 1957; will be determined by order of the Com­ The Congress. A consolidated listing oi 8:47 a. m.] mission on the basis of the facts stated in the new acts approved by the President the application and other information will appear in the Daily Digest in the contained in the official file of the Com­ final issue of the Congressional Record P hoenix Hosiery Co. mission pertaining to the matter. covering the 85th Congress, First Ses­ NOTICE OP APPLICATION TO STRIKE PROM By the Commission. sion. LISTING AND REGISTRATION, AND OF OPPORTUNITY FOR HEARING [seal] Orval L. DuBois, Acts Approved September 11, 1957 September 9, 1957. Secretary. S. 2792______Public Law 85-316. In the matter of Phoenix Hosiery [F. R. Doc. 57-7502; Filed, Sept. 12, 1957; To amend the Immigration and Nation­ Company common stock; File No. 1-73. 8:47 a. m.] ality Act, and for other purposes.