EDERAL REGISTER 1934 ^ VOLUME 19 \ NUMBER 21 * ^ahteo ^

Washington, Saturday, January 30, 1954

TITLE 7— AGRICULTURE fied herein was promptly submitted to CONTENTS the Department after such meeting was Chapter IX— Agricultural Marketing held; thè provisions of this section, in­ Agricultural Marketing Service Pa6® Service (Marketing Agreements and cluding its effective time, are identical Notices: Orders), Department of Agriculture with the aforesaid recommendation of Cranberry sauce, canned; Pur­ the committee, and information con­ chase Program UMP 181a____ 543 [Navel Orange Beg. 16] cerning such provisions and effective Proposed rule making: Part 914—N avel O ranges G r o w n i n A r i­ time has been disseminated among han­ Milk handling in Fort Wayne, zona and D esignated P art of Ca l i­ dlers of such navel oranges; it is neces­ , Ind______!______535 sary, in order to effectuate the declared fornia - , Rules and regulations: policy of the act, to make this section Limitation of handling; navel l im it a t io n of h an d lin g effective during the period herein speci­ oranges grown in Arizona and § 914.316 Navel Orange Regulation fied; and compliance with this section designated part of California. 527 16—(a) Findings. (1) Pursuant to the will not require any special preparation Limitation of shipments: marketing agreement and Order No. 14 on the part of persops subject thereto C a lifo r n ia and Arizona; (18 P. R. 5638), regulating the handling which cannot be completed on or before lemons______531 of navel oranges grown in Arizona and the effective date of this section. Florida: designated part of California, effective (b) Order. .(1) The quantity of navel Grapefruit______529 September 22,1953, under the applicable oranges grown in Arizona and designated Oranges______530 provisions of the Agricultural Marketing part of California which may be handled Tangerines______530 during the period beginning at 12:01 Agreement Act of 1937, as amended (7 Agriculture Department U. S. C. 601 et seq.), and upon the basis a. m., P. s. t„ January 31,1954, and end­ ing at 12:01 a. m., P. s. t., February 7, See Agricultural Marketing Serv­ of the recommendation and information ice. submitted by the Navel Orange Admin­ 1954, is hereby fixed as follows: istrative Committee,'' established under (1) District 1: 277,200 boxes; Civil Aeronautics Board the said marketing agreement and order, (ii) District 2: 184,800 boxes; Notices: and upon other available information, it (iii) District 3: Unlimited movement; Empire Household Co. of New is hereby found that the limitation of (iv) District 4: Unlimited movement. York, Inc., and Empire For- handling of such navel oranges, as here­ (2) The prorate base of each handler » eign Air Forwarders, Inc.; inafter provided, will tend to effectuate who has made application therefor, as hearing______543 the declared policy of the act. provided in the said marketing agree­ Federal Communications Com­ (2) It is hereby further found that itment and order, is hereby fixed in ac­ mission is impracticable and contrary to the pub­ cordance with the prorate base schedule Notices: lic interest to give preliminary notice, which is attached hereto and made a Hearing, etc.: engage in public rule-making procedure, part hereof by this reference. Beachview Broadcasting Corp. and postpone the effective date of this (3) Navel oranges handled pursuant and P o rtsm ou th Radio section until 30 days after publication to the provisions, of this section shall be Corp______544 thereof in the F ederal R egister (60 Stat. subject to any size restrictions applicable Gulf Coast Broadcasting Co. 237; 5 U. S. C. 1001 et seq.) because the thereto which have heretofore been is­ and Baptist General Con­ time intervening between the date when sued on the handling of such oranges vention of Texas______544 information upon which this section is Scripps-Howard Radio, Inc., and which are effective during the period based became available and the time et al______543 when this section must become effective specified herein. Proposed rule making: in order to effectuate the declared policy (4) As used in this section “handled,” Equipment acceptable for li­ of the act is insufficient, and a reasonable “handler,” “ boxes,” “ prorate base,” “Dis­ censing; withdrawal of cer­ time is permitted, under the circum­ trict 1,” “District 2,” “District 3,” and tificate of type approval------542 stances, for preparation for such effec­ “District 4” shall have the same meaning Public Safety and Industrial Ra­ tive time; and good cause exists for as when used in said marketing agree­ dio Services______542 making the provisions of this section ef­ ment and order. Federal Power Commission fective as hereinafter set forth. The Navel Orange Administrative Committee (Sec. 5, 49 Stat. 753, as amended; 7 U. S. O. Notices : held an open meeting on January 28, 608c) Hearings, etc.: 1954, after giving due notice thereof, to El Paso Natural Gas Co______543 Done at Washington, D. C., this 29th Energy Accumulation and consider supply and market conditions day of January 1954. Exchange Corp___ !— ------543 for navel oranges and the need for reg­ ulation; interested persons were afforded [ seal! S. R. Sm it h , United Fuel Gas Co______543 an opportunity to submit information Director, Fruit and Vegetable Federal Trade Commission and views at this meeting; the recom­ Division, Agricultural Mar­ Rules and regulations: mendation and supporting information keting Service. Mercantile Stores Co., Inc., for regulation during the period speci­ (Continued on next page) cease and desist order------531 527 528 RULES AND REGULATIONS

CONTENTS— Continued P rorate B ase S ch edule— Continued n a vel oranges— continued Securities and Exchange Com- Pas® prorate district n o . l — continued FEDERAtlpEGISTER mission V IS34 JfP Prorate base Notices: Handler (percent) Hearings, etc.: Lindsay Cooperative Citrus Asso­ Published daily, except Sundays, Mondays, Cambridge Electric Light Co_ 544 ciation ______J Q17l and days following official Fédéral holidays, Mississippi Power & Light Co_ 544 Lindsay Fruit Association.______2.3598 by the Federal Register Division, National Suburban Electric Co______545 Lindsay Orange Growers Associa­ Archives and Records Service, General Serv­ tion------——■------.8095 ices Administration, pursuant to the au­ Naranjo Packing House Co______1.4719 thority contained in the Federal Register CODIFICATION GUIDE Orange Cove Citrus Association____ 4.1413 Orange Packing Co______.9993 Act, approved July 26, 1935 (49 Stat. 500, as A numerical list of the parts of the Code amended; 44 U. S. C., ch. 8B), under regula­ of Federal Regulations affected by documents Orosi Foothill Citrus Association.. 1.6282 Paloma Citrus Fruit Association... . 8048 tions prescribed by the Administrative Com­ published in this issue. Proposed rules, as Rocky Hill Citrus Association_____ l. 7259 mittee of the Federal Register, approved by opposed to final actions, are identified as Sanger Citrus Association______3.5120 the President. Distribution is made only by such. the Superintendent of Documents, Govern­ Sequoia Citrus Association______. 8793 ment Printing Office, Washington 25, D. C. Title 7 PaSe Stark Packing Co______2.7240 The regulatory material appearing herein Visalia Citrus Association_____~__ 2.3903 Chapter EX: Waddell & Son______2.5785 is keyed to the Code of Federal Regulations, Part 914______527 which is published, under 50 titles, pursuant Baird-Neece Corp______1.9684 to section 11 of the Federal Register Act, as Part 932 (proposed)______535 Beattie Association, D. A______. 7123 amended August 5, 1953. Part 933 (3 documents)_____ 529, 530 Grand View Heights Citrus Asso­ The F ederal R egister will be furnished by Part 953______531 ciation------3.2050 mail to subscribers, free of postage, for $1.50 Title 16 Magnolia Citrus Association______2.8410 per month or $15.00 per year, payable in Porterville Citrus Association______1.6943 advance. The charge for individual copies Chapter I: Randolph Marketing Co____!___ •_____ .8713 (minimum 15tf) varies in proportion to the Part 3______‘______531 Richgrove-Jasmine Citrus Associa­ size of the issue. Remit check or money, tion ------1.4416 Title 39 Strathmore Cooperative Citrus As­ order, made payable to the Superintendent Chapter I: of Documents, directly to the Government ; sociation ______1 0286 Printing' Office, Washington 25, D. C. Part 35______532 Strathmore District Orange Associ­ There are no restrictions on the republica­ Part 97______533 ation------_------1.7286 tion of material appearing in the F ederal Title 41 Strathmore Packing House______2.2157 R egister. Sunflower Citrus Growers______2.8713 Chapter II: Sunland Packing House Co______2.8738 Part 202 (proposed)______535 Terra Bella Citrus Association_____ 1.3279 Title 47 Tule River Citrus Association_____ 1.1423 Now Available Adams, Thomas______.0070 Chapter I: Baker Ranch Packing House___:___ .1703 Part 2 (proposed)__ (2*_docu­ Batkins Jr., Fred A ______. 0216 UNITED STATES ments) ____>; _ 542 California Citrus Groves, Inc., Ltd. 2.9786 GOVERNMENT Part 6 (proposed) ______542 Darby, Fred J____.______#0245 Part 10 (proposed) (2 docu­ Dubendorf, John______~ .1538 ORGANIZATION ments) ______542 Evans Bros. Packing Co______.4337 MANUAL Part 11 (proposed) (2 docu­ Far West Produce Distributors____ . 0635 Feltes, A. E_... ______.0204 ments) ______L______542 Fotjfhill Packing Co___. . . ______.0379 1953—54 Edition Part 16 (proposed)______542 Haas & Ferry.:______1979 (Revised through. July 1) Part 18 (proposed)______542 Harding & Leggett...... 1.8892 Title 49 Independent Growers, Inc___ •____ .9119 Published by the Federal Register Division, Lo Bue Bros______.5507. the National Archives and Records Service, Chapter I: Maas, W. A ______. 1313 General Services Administration Part 110 (proposed)______542 Marks, W- & M______.4710 Morin, Carl W ______. 0212 734 Pages— $1.00 a copy Orange Belt Fruit Distributors____ .6335 P rorate B ase S ch ed u le Paramount Citrus Association.... 1.8472 Order from Superintendent of Documents, Reimers, Don H ______*__ .5523 United States Government Printing Office, [12:01 a. m., P. s. t., Jan. 31 to 12:01 a. m „ P. s. t., Feb. 7, 1954] Riverside Fruit Co______. 2270 Washington 25, D. C. Sequoia Cider M ill______. 0174 NAVEL ORANGES Stephens & Cain______.3096 Zaninovich Bros., Inc______l. 6829 PRORATE DISTRICT NO. 1 CONTENTS— Continued Prorate base PRORATE DISTRICE NO. 2 Handler (percent) Total______100.0000 Interstate Commerce Commis- Pase Total------100.0000 sion A. N. F. Corona______. 5196 Proposed rule making: A. N. F. Lindsay------....------1. 53I 8 A. N. F. Fullerton______.0205 Destruction of records______1 __ 542 A. N. F. Porterville______1. 5489 A. N. F. Orange______. 0177 Ivanhoe Cooperative Association___ . 6963 A. N. F. Riverside______1.4388 Labor Department Anderson Packing Co______.__ 1 . 0367 A. N. F. Santa Paula.____ ;______. 1262 See Public Contracts Division. Euclid Avenue Orange Association. . 7010 Eadington Fruit Co____!______.8026 Lindsay Mutual Groves______... .8851 Signal Fruit Association______1.1943 Post Office Department Martin Ranch______i_ _ * ______1.4485 Bryn Mawr Mutual Orange Associa­ Rules and regulations: Orange Cove Orange Growers______2. 7674 tion______;______. 4713 Mail matter, the several classes Woodlake Packing House______2.0152 Chula Vista Mutual Lemon Asso­ of; miscellaneous amend­ Dofflemyer & Son, W. Todd______. 5139 ciation______. 1059 ments______,______532 Earl ibes t Orange Association______l. 7748 Daniels Inc., Ward______.. . .3322 Star, steamship and steamboat Elderwood Citrus Association____ .9128 Euclid Avenue Orange Association. 2.6879 Exeter Citrus Association. ______4. 0885 Foothill Citrus Union, Inc______.2891 routes and vehicle service in Exeter Orange Growers Association. 1. 5088 cities; contracts for vehicle Exeter Orchards Association.._____ 1 . 4844 Garden Grove Citrus Association.. . 0000 service______533 Hillside Packing Association.;._____ 1 . 916I Index Mutual Association.______.0106 Public Contracts Division Ivanhoe Mutual Orange Associa­ La Verne Cooperative Citrus Asso­ tion------1.3583 ciation______3.0085 Proposed rule making: Klink Citrus Association______Olive4.1099 Hillside Groves, Inc______- .0081 Woolen and worsted industry; Lemon Cove Association______.9742 Orange Cooperative Citrus Associa­ minimum wage determina­ Lindsay Citrus Growèrs Associa­ tion______. 0210 tion______535 tion------1.8119 Redlands Foothill Groves______2.6406 \ Saturday, January 30, 1954 FEDERAL REGISTER 529

Probate B ase Sch edu le—Continued P robate B a se Schedule—Continued State of Florida, 'are presently subject

n avel oranges— co n tin u ed n a v e l oranges— continued to regulation by grades and sizes, pur­ suant to the amended marketing agree­ prorate district n o . 2— continued prorate district n o . 2— continued ment and order, and will so continue Prorate base Prorate base until February 1,1954, the recommenda­ Handler ( percent) Handler ( -percent) tion and supporting information for Bedlands' Mutual Orange Associa­ Santa Paula Orange Association___ 0.0457 continued regulation subsequent to tion______1.3053 Ventura County Citrus Associa­ tion ______. 0410 January 31,1954, was promptly submitted Azusa Citrus Association.------. 8315 East Whittier Citrus Association« .0041 to the Department after an open meet­ Covina Citrus Association ------— 1. 9016 ing of the Growers Administrative Com­ Glendora Citrus Association ------1.6308 North Whittier Heights______« . 1311 Placentia Cooperative Orange Asso­ mittee on January 26; such meeting Valencia Heights Orchard Associa­ ciation______- . 2204 was held to consider recommendations tion______.3605 Sierra Madre-Lamanda Citrus As­ Gold Buckle Association ------4. 3846 for regulation, after giving due notice sociation______- . 0724 La Verne Orange Association.------4.6312 of such meeting, and interested persons A. J. Packing Co____:_____ « . 1561 were afforded an opportunity to submit Anaheim Valencia Orange Associa­ Babijuice Corp. of California______« . 0438 tion______>— ------• 0120 Cherokee Citrus Co., Inc______1.0675 their views at this meeting; the provi­ Fullerton Mutual Orange Associa­ Dunning, Vera Hueck______. 1794 sions of this section, including the effec­ tion______• 2839 Evans Brothers Packing Co______1.1377 tive time of this section, are identical La Habra Citrus Association ------.0857 Far West Produce Distributors____ . 0356 with the aforesaid recommendation of Yorba Linda Citrus Association.— .0803 Gold Banner Association______;« 2. 4222 the committee, and information con­ El Cajon Valley Citrus Association. . 1561 Gold Seal Producers, Inc______« .0745 Escondido Orange Association------. 6207 cerning such provisions and effective Granada Packing House______. 1370 time has been disseminated among han­ Citrus Fruit Growers------.6322 Holland, M. J______.0216 Cucam onga Mesa Growers------— .9154 Orange Belt Fruit Distributors___ « .7132 dlers of such grapefruit; it is necessary, Etiwanda Citrus Fruit Association. . 1337 Panno Fruit Co., Carlo______. 0538 in order to effectuate, the declared policy Upland Citrus Association.------3.2945 Paramount Citrus Association_____« . 1017 of the act, to make this section effective Consolidated Orange Growers..— .0210 Placentia Orchards Association____ .0000 during the period hereinafter set forth Garden Grove Citrus Association.« .0202 Riverside Fruit Co______. 3696 so as to provide for the continued regu­ Goldenwest Citrus Association— - . 1743 San Antonio Orchards Co______1.1885 Olive Heights Citrus Association— .0596 lation of the handling of grapefruit; and Smallwood, Luella L ______. 0086 compliance with this section will not re­ Santiago Orange Growers Associa­ Spire, Frank S______. 0096 tion _____——------• 1°72 Stephens & Cain______. 2512 quire any special preparation on the part Villa Park Orchards Association— . 0376 Wall, E. T., Grower-Shipper______2.1086 of persons subject thereto which can­ Bradford Bros., ' Inc------. 2012 Western Fruit Growers, Inc_____5. 0781 not be completed by the effective time Placentia Mutual Orange Associa- of this section. tion ______• 1548 [F. R. Doc. 54-688; Filed, Jan. 29, 1954; (b) Cl) During the period be­ 11:24 a. m .] Order. Placentia Orange Growers Associa­ ginning at 12:01 a. m., e. s. t., February tion ------.------—------—- .2367 1, 1954, and ending at 12:01 a. m., e. s. t., Yorba Orange Growers Association. . 0484 Corona Citrus Association.. . . ____ 1.0981 February 15,1954, no handler shall ship: Jameson Co------. 5601 [Grapefruit Reg. 193] (i) Any seeded grapefruit, grown in Orange Heights Orange Associa­ the State of Florida, which do not grade tion ______.1------. . . 4. 0343 P art 933—O ranges, G r apefru it, and at least U. S. No. 2; Crafton Orange Growers Associa- T angerines G r o w n i n F lorida (ii) Any seedless grapefruit, grown in t i o n ______1 . 8066 LIMITATION OF SHIPMENTS the State of Florida, which do not grade East Highlands Citrus Associa­ at least U. S. No. 2 Russet; tion ______.5218 § 933.662 Grapefruit Regulation Redlands Heights G roves...------.8569 (iii) Any white seeded grapefruit, Redlands Orangedale Association. 1.1069 193— (a) Findings. (1) Pursuant to the grown in the State of Florida, that grade Rialto-Fontana Citrus Associa­ marketing agreement, as amended, and U. S. No. 2 or U. S. No. 2 Bright, which tion ______1991 Order No. 33, as amended (7 CFR Part are of a size smaller than a size that will Bryn Mawr Fruit Growers Associa­ 933), regulating the handling of oranges, pack 54 grapefruit, packed in accordance tion ______1. 2313 grapefruit, and tangerines grown in the with the requirements of a standard Mission Citrus Association.______.8541 State of Florida, effective under the pack, in a standard nailed box; Redlands Cooperative Fruit Associ­ applicable provisions of the Agricultural (iv) Any white seeded grapefruit, ation _____,______2.1788 Marketing Agreement Act of 1937, as grown in the State of Florida, that grade Redlands Orange Growers Associa­ tion______‘______1. 5138 amended, and upon the basis of therec- U. S. No. 1 Russet, U. S. No. 1 Bronze, Redlands Select Groves « ______- .4977 ommendations of the committees estab­ U. S. No. 1 Golden, U. S. No. 1, U. S. No. 1 Rialto Orange Co______.4558 lished under the aforesaid amended Bright or U. S. Fancy, which are of a Southern Citrus Growers______a 1.1737 marketing agreement and order, and size smaller than a size that will pack 70 United Citrus Growers..__ ...__ -- .9762 upon other available information, it is grapefruit, packed in accordance with Arlington Heights Citrus Co______1. 6242 hereby found that the limitation of ship­ the requirements of a standard pack, in Blue Banner, In c.______2. 6598 ments of grapefruit, as hereinafter pro­ a standard nailed box; Brown Estate, L. V. W______2.2590 vided, will tend to effectuate the declared (v) Any pink seeded grapefruit, grown Gâvilan Citrus Association______2. 1389 policy of the act. McDermont Fruit C o.______1.6845 in the State of Florida, which are of a Monte Vista Citrus Association___ 1. 7396 (2) It is hereby further found that itsize smaller than a size that will pack 80 National Orange Co______1 . 6863 is impracticable and contrary to the grapefruit, packed in accordance with Riverside-Highgrove Citrus Associ­ public interest to give preliminary notice, the requirements of a standard pack, ini a ation ______1.8393 engage in public rule-making procedure, standard nailed box; Victoria Avenue Citrus Association. 3.1740 and postpone the effective date of this (vi) Any pink seedless grapefruit, Claremont Citrus Association_____ .6416 section until 30 days after publication grown in the State of Florida, which are College Heights Orange & Lemon thereof in the F ederal R egister (60 Stat. of a size smaller than a size that will Association ______. .. 2.1506 237; 5 U. S. C. 1001 et seq.) because the pack 96 grapefruit, packed in accordance Indian Hill Citrus Association____ 1. 0294 time intervening between the date when Pomona Fruit Growers Exchange.. 1.2047 with the requirements of a standard Walnut Fruit G row ers....^______.,6250 information upon which this section is pack, in a standard nailed box; West Ontario Citrus Association.. .8335 based became available and the time (vii) Any white seedless grapefruit, Escondido Cooperative Citrus Asso- when this section must become effective grown in the State of Florida, that grade elation ______.1058 in order to effectuate the declared policy U. S. No. 2, U. S. No. 2 Bright, or U. S. No. Camarillo Citrus Association_____ . 0041 of the act is insufficient; a reasonable 2 Russet which are of a size smaller than Fillmore Citrus Association__ 1.0688 time is permitted, under the circum­ a size that will pack 80 grapefruit, packed Mupu Citrus Association..______. 0043 stances, for preparation for such effec­ in accordance with the requirements of a OJai Orange Association______1 . 0251 tive time; and good cause exists for standard pack, in a standard nailed box; Pirn Citrus Association______« 1.2911 Rancho Sespe______•_____ .0014 making the provisions of this section or San Fernando Fruit Growers Asso­ effective not later than February 1, 1954. (viii) Any white seedless grapefruit, ciation ______. 4499 Shipments of grapefruit, grown in the grown in the State of Florida, that grade 530 RULES AND REGULATIONS

U. S. No. 1 Russet, U. S. No. 1, U. S. No. 1 oranges, grown in the State of Florida, Done at Washington, D. C., this 27th Bronze, U. S. No. 1 Golden, U. S. No. 1 are presently subject to regulation by day of January 1954. Bright or U. S. Fancy which are of a size grades and sizes, pursuant to the smaller than a size that will pack 96 amended marketing agreement and or­ [ seal] S. R . Sm it h ,

grapefruit, packed in accordance with der, and will so continue until February Director, Fruit and Vegetable the requirements of a standard pack, in a Division, Agricultural Mar­ 1, 1954; the recommendation and sup­ keting Service. standard nailed box. porting information for continued regu­ (2) As used in this section, “handler,”lation subsequent to January 31, 1954, [F. R. Doc. 54-655; Filed, Jan. 29, 19545 “ ship,” and “ Growers Administrative was promptly submitted to the Depart­ 8:48 a. m.] Committee” shall have the same mean­ ment after an open meeting of the Grow­ ing as when used in said amended mar­ ers Administrative Committee on Janu­ keting agreement and order; and “ U. S. ary 26; such meeting was held to consider [Tangerine Reg. 146] No. 1 Russet,” “U. S. No. 1,” “ U. S. No. 1 recommendations for regulation, after Bronze,” “U. S. No. 1 Golden,” “ U. S. No. 1 giving due notice of such meeting and P art 933— O ranges, G rapefruit, and Bright,” “ U. S. Fancy,” “ U. S. No. 2,” interested persons were afforded an op­ T angerines G r o w n i n F lorida “ U. S. No. 2 Bright,” “ U. S. No. 2 Russet,” portunity to submit their views at this l im it a t io n o f sh ipm e n ts “ standard pack,” and “ standard nailed meeting; the provisions of this section, box” shall have the same meaning as including the effective time of this sec­ § 933.664 Tangerine Regulation 146— when used in the revised United States tion, are identical with the aforesaid Ca) Findings. (1) Pursuant to the mar­ Standards for Florida Grapefruit recommendation of the committee, and keting agreement, as amended, and Or­ (§§ 51.750 to 51.790 of this title). information concerning such provisions der No. 33, as amended (7 CFR Part 933), (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. and effective time has been disseminated regulating the handling of oranges, 608c) among handlers of such oranges; it is grapefruit, and tangerines grown in the necessary, in order to effectuate the de­ State of Florida, effective under the ap­ Done at Washington, D. C., this 27th plicable provisions of the Agricultural day of January 1954. clared policy of the act, to make this sec­ tion effective during the period herein­ Marketing Agreement Act of 1937, as [ seal] S. R. S m it h , after set forth so as to provide for the amended, and upon the basis of the rec­ Director, Fruit and Vegetable continued regulation of the handling of ommendations of the committees estab­ Division, Agricultural Mar­ all oranges, except Temple oranges ; and lished under the aforesaid amended keting Service. compliance with this section will not re­ marketing agreement and order, and [F. R. Doc. 54-657; Filed, Jan. 29, 1954; quire any special preparation on the upon other available information, it is 8:49 a. m.] part of the persons subject thereto which hereby found that the limitation of ship­ cannot be completed by the effective time ments of tangerines, as hereinafter pro­ of this section. vided, will tend to effectuate the declared (b) Order. (1) During the period be­ policy of the act. [Orange Reg. 249] ginning at 12:01 a. m., e. s. t., February (2) It is hereby further found that it 1,1954, and ending at 12:01 a. m., e. s. t., is impracticable and contrary to the P art 933— O ranges, G rape fru it, and February 22,1954, no handler shall ship: public interest to give preliminary no­ T angerines G r o w n i n F lorida (1) Any oranges, except Temple tice, engage in public rule-making pro­ LIMITATION OF SHIPMENTS oranges, grown in the State of Florida, cedure, and postpone the effective date of this section until 30 days after publi­ § '933.663 Orange Regulation 249— (a) which do not grade at least U. S. No. 1 Russet; cation thereof in the F ederal R egister Findings. (1) Pursuant to the market­ (6

within the time permitted, the proceed­ boxes in one aluminum-foil or asbestos- {b} Parcels exceeding 34 inches in ing regularly came on for final consider­ lined shipping carton of approved manu­ length, except in the case of nonfragile ation by the Commission upon the record facture, provided that when more than lightweight bar-shaped articles such as herein on review; and the Commission, 3 boxes are contained in a shipping car­ mailing tubes, levels, umbrellas, eurtain having duly considered the matter and ton the boxes in units of not more than rollers, Venetian blinds and small trees being now fully advised in the premises, 3 shall be in sleeves of good quality when length shall exceed 38 inches. finds that this proceeding is in the inter­ paperboard. (c) Parcels containing pipes or bars or est of the public and makes this its find­ (2) Shipping cartons shall comply with similar articles of heavy metal over 25 ings as to the facts,1 conclusion drawn paragraph (f) (2) (i) and (ii> as to inches in length. (When weight is over therefrom,1 and order, the same to be in construction, wall strength and taped 8 pounds see subdivision (ii> (d) of this lieu of the initial decision of the hearing flaps. subparagraph.)1 èxaminer. (R. S. let, 396, sec. 24, 20 Stat. 361, secs, 304, (d) Fluorescent tubes, narrow glass I t is ordered, That the respondents, 309, 42 Stat. 24, 25, 62 Stat. 781, as amended; shelves, candles, and similar shaped Mercantile Stores Company, Inc., a cor­ 5 17. S. C. 22, 309, 18 U. S. C. 1716, 39 17. S. C. fragile articles over 25 inches in length1 poration, and Mercantile Stores Com­ 250) (e) Window or picture glass, or mir­ pany, Inc. (N. Y .), a corporation, their b. In | 35.16 Motion-picture films re­ rors, or similar articles with wide ex­ officers, agents, representatives, and em­ designate paragraphs (1) and (m) as panse of glass measuring over 12 x 16 ployees, directly or through any corpo­ paragraphs (m) and (n ), respectively, inches (192 square inches).* rate or other device, in connection with and insert new paragraph (1) to read as (/) Fragile phonograph records with the offering for sale, sale, and distribu­ follows: 16 inch diameter or larger, and flexible tion in commerce, as “ commerce” is de­ phonograph records with 21 inch diam­ fined in the Federal Trade Commission (1) Sacking of parcels bearing yellow-eter or larger.1 Act, of shoes now designated as “ Health- caution labels. Parcels bearing yellow (ii) Weight, (a) Parcels weighing Flex,” or any other shoe of substantially caution labels shall be sacked when the over 35 pounds.1 the same constitution, do cease and weight of an individual parcel does not {b\ Small, heavy parcels, weighing desist from: exceed 35 pounds and there are two or over 15 pounds containing roller bear­ % Using the name “Health-Flex” or more parcels available for dispatch in ings, nuts, bolts, wrenches, pipes, ma­ any name in which the word “Health” the sack. Parcels which would not be chinery parts, castings, or other articles appears as a trade or brand name damaged by the metal cans of film or of similar weight per cubic foot.1 therefor. which would not cause damage to other (c) Small, heavy wooden boxes weigh­ 2. Representing, directly or by impli­parcels in the sack may be sacked with ing over 8 pounds, with sharp corners cation, that the said shoes are con­ motion-picture film or with other parcels which might damage other sacked mail. structed in such a manner that their use bearing yellow caution labels. (d) Matter such as heavy metal boxes, will prevent or correct abnormalities, (R. S. 161, 396, secs. 304, 309, 42 Stat. 24, 25; heavy castings or machinery parts, deformities, or ailments of the feet or 62 Stat. 781, as amended; 5 U. S. O. 22, 369; weighing over 8 pounds which is not will keep the feet healthy. 18 U. S. C. 1716) wrapped or boxed. I t is further ordered, That the re­ c. In § 35.19 Perishable articles delete Note: Such matter of lesser weight and spondents shall, within sixty (6(1) days under 25 inches in length shall be properly after service upon them of this order, present paragraph '(e), and redesignate paragraph (f) as paragraph (e ). padded in a strong shipping container in file with the Commission a report in order that it may be sacked without damage writing setting forth in detail the man­ (R. S. 161, 396, sec. 24, 20 Stat. 361; secs. 304, to other sacked mail. ner and form in which they have com­ 309, 42 Stat. 24, 25; 62 Stat. 781, as amended; plied with the order to cease and desist. 5 17. S. C. 22, 369, 8 U. S. C. 1716; 39 U. S. C. (iii) liquids. Parcels containing mail- 250) able nonhazardous liquids with total Issued: December 21, 1953. content in excess of 24 fluid ounces in d. In § 35.29 Containers, packing, By the Commission. glass container or containers, or 1 gallon closures, labeling and endorsements; or more in metal container or con­ [ seal] A le x . A ker m a n , Jr., general requirements amend paragraph tainers.* Secretary. (d) to read as follows; (iv) Perishable, (ay Eggs, day-old [F. R. Doc. 54r-654; Filed, Jan. 29, 1954; (d) Matter for dispatch outside of fowl, cut flowers, honey bees in cages, 8:48 a. m.} mail bags; {air parcel post not included queen bees when 24 or more individual in these instructions)—( 1 ) Acceptance cages are fastened together to form one and endorsement. Parcels properly pre­ parcel, soft crabs, shellfish, soft fruits TiTLE 39— POSTAL SERVICE pared for mailing which require han­ such as tree ripened peaches, tree rip­ dling outside of mail bags are those ened nectarines or tree ripened plums; Chapter I— Post Office Department which by reason of their size, weight, or soft berries such as raspberries or strawberries.® P a r t 35—P rovisions A pplic ab le to th e nature, or condition, cannot be safely (b) Alligators, frogs, baby turtles, S everal C lasses o f M a il M atter handled inside of mail sacks without damaging them or other mail matter. chameleons and other mailable harmless MISCELLANEOUS AMENDMENTS Su6h parcels shall be plainly marked by live creatures during period from April In Part 35, Provisions Applicable to the individual mailers or labeled by firm 1 to October 31 of each year.® Several Classes of Mail Matter, make the mailers, when necessary, as to contents. (v ) Hazardous. Parcels required to following changes: Such parcels from individual mailers have a red caution label. a. In § 35.14 Inflammable substances shall be stamped “ Outside Mail” by the N ote: Parcels with yellow caution labels add new paragraph (h) to read as fol­ accepting employee as provided in are sacked in accordance with § 35.16 (1). lows: § 35.11a. Firm mailers shall provide labels in accordance with subparagraphs (vi) Miscellaneous. Matter which is (h ) Safety matches, deodorizing (3) and (4) of this paragraph. The not wrapped or boxed such as bicycle {strike-only -on-the-box variety). ( 1 > dispatch of parcels outside of mail bags wheels or rolls of wire. Deodorizing matches with ignition tem­ (3) Approved labels. Parcels from due to inadequate packing is not per­ firm mailers, and mentioned in subpara­ perature of not less than 338° F. dipped missible. in incense composition extending not graph (2) of this paragraph as requir­ over five-eighths of an inch along the (2) Dispatch. Parcels which shoulding handling outside of mail bags, may stem which will burn with progressive be dispatched and transported outside of be accepted if an approved label is se- low sparkling ignition are acceptable in mail bags are listed in the following good quality paperboard boxes (not less paragraphs. The “Outside Mail” label 1 "Outside Mail” label or endorsement re­ than 18 point) with quantity restriction or endorsement is not required unless its quired if of sackable size. of not to exceed 40 regular size match use is indicated by footnote reference. 2 “ Outside Mail” label or endorsement re­ sticks in one box and not to exceed 12 (i) Size, {a) Parcels which wouldquired. * “Outside M ail" label or endorsement re­ completely fill a sack or are too large to quired if nature of contents is not plainly 1 Filed as part of original document. go in a sack. evident. Saturday, January 30, 1954 FEDERAL REGISTER 533 curely attached thereto adjacent to the must not be used on parcels containing number of hours of vehicle service re­ address. The label shall be rectangular this quantity of liquid. quired daily under the contract for each in shape, approximately IV2 x 2V2 inches (5) Labels or markings. Labels or class of service, consideration should be in size, and the background shall be of markings printed on cartons, on gummed given to utilization to the fullest possible dull red color (color similar to red cau­ tape, or on the wrappers of parcels are extent of Government-owned trucks of tion label). It shall bear in black print not permitted in lieu of the required label suitable capacity and vehicles under an­ the inscription “Outside Mail” and, in a shown in subparagraph (3) of this para­ nual rate contracts if available for extra space provided under these words, shall graph or in lieu of the red or yellow service. bear an approved endorsement as to con­ caution label mentioned in subparagraph (4) Bids must be prepared in triplicate, tents. The colors specified in this label (2) (v) of this paragraph. signed in ink, and the lowest bid received (black print on a red background) shall (6) Acceptance. Parcels improperly accepted by the postmaster as contract­ not be used on labels on matter which is marked or labeled for handling outside ing officer for the Department, provided not classed as outside matter under the of mail bags are not acceptable. Peri­ the rate is satisfactory for the service to regulations. The stamp “Outside Mail” odic checks are made on firm mailings to be performed. If a proposal at a reason­ mentioned in subparagraph ( 2) of this insure proper labeling thereof. Im ­ able rate cannot be obtained, a full state­ paragraph shall not be used by either proper markings or labeling must be ment of the facts should be presented to firm or individual mailers as its use is obliterated by the mailer before the par­ the Bureau of Facilities, Division of Ve­ restricted to postal employees. cel may be accepted or dispatched from hicles, before actually consummating the (4) Examples of labels— (i) General.the office of origin if detected after contract. Erasures in proposals must Labels to be used by firm mailers on acceptance. bear a statement on the margin of the proposal signed by the bidder as follows : matter shown in subparagraph (2) of (R. S. 161, 396, secs. 304, 309, 42 Stat. 24, 25, this paragraph are: “Outside Mail— 62 Stat. 781, as amended; 5 U. S. C. 22, 369, “I hereby certify that the correction(s) Weight over 35 pounds” ; “Outside Mail— 18 U. S. C. 1716) was made by me before the proposal was Weight over 15 pounds (heavy metal submitted in response to the advertise­ [ seal] Lotus J. D o y l e , ment.” parts)” ; “Outside Mail—Soft Fruits or Acting Solicitor. Berries” ; “ Outside Mail—Fragile—Pho­ (5) Each proposal must be enclosed in, nograph Records—Diameter 16 inches [F. R. Doc. 54-643; Filed, Jan. 29, 1954; a sealed envelope with the notation on or larger” ; “Outside Mail—Fragile—M ir­ 8:46 a. m.] the envelop “Proposal for Vehicle Serv­ ror or Glass—Dimensions larger than ice, City o f ______” , and addressed to 12 x 16 inches” ; “Outside Mail—Heavy the postmaster. Each envelope must be Metal Bar-Shaped Items—Over 25 inches stamped to show thé date and time of long.” An endorsement on a label such P art 97— S tar, S t e a m s h ip , and S team ­ receipt. All proposals received shall be as “Contents meet the requirements for boat R outes, and V e h ic le S ervice i n kept under lock and key until the date handling outside of mail bags” is not per­ Cit ie s and hour stated in the advertisement for the receipt of bids and thereafter mitted. The “Outside Mail” label does CONTRACTS FOR VEHICLE SERVICE not eliminate need for the “Perishable” the bids shall be opened by a committee or “Fragile” endorsement unless such In Part 97, Star, Steamship, and of three supervisors (or three disinter­ endorsement is incorporated on the label. Steamboat Routes, and Vehicle Service ested employees if supervisors are not The label “This Side Up” may be used in in Cities, insert between § 97.11 Trans­ available), to be designated by the post­ conjunction with the label “Outside portation of mails by screen-vehicle master. The committee as a whole shall Mail,” if desired by mailers, on parcels service, and § 97.12 Four contract sec­ open the bids, initial, number, and ab­ containing liquids or other matter which tions of United States new § 97.11a to stract them, and submit recommenda­ would present less of a hazard to other read as follows: tions to the postmaster for award of contract. After the bids have been, mails if carried in a certain position. § 97.11a Contracts for vehicle serv­ (ii) Liquids, (a) Parcels containing opened, each envelope must be attached ice— (a) Hourly rate contracts. (1) No to the bid contained therein. If bids mailable liquids (nonflammable and obligations or expenditures for vehicle nontoxic) with total content exceeding are mailed, they must bear proper post­ service on an hourly rate basis may be age. 24 fluid ounces in glass container or incurred wtihout the prior approval of containers, or 1 gallon or more in metal (6) A copy of the advertisement, Form the Bureau of Facilities, Division of Ve­ VS-68, and a copy of the abstract, Form container or containers, may be labeled hicles, and not until the necessary funds “Outside Mail—Fragile—Liquid—Over VS-66, should be forwarded to the Bu­ for the class of service involved, shall reau of Facilities, Division of Vehicles, 24 ounces in glass container or 1 gallon have been granted. or more in metal container.” However, at the time of the submission of esti­ (2) Contracts for the hire of vehicles mates or when a contract is terminated concerns, mailing only liquids in glass for mail service shall be entered into should, use a label showing the type of and a new contract awarded. It is not only after bids have been invited by necessary to forward Form VS-67 to the container. I f preferred, the actual liq­ public advertisement on Form VS-68, uid content and type of container may Department for approval since the post­ properly completed. (See § 137.28, of master is the contracting officer and is be stated in addition to “ Outside M a il- this chapter.) Each advertisement must Fragile—Liquid.” authorized to incur expenditures if funds be posted on the bulletin board at the are available. The original of the ac­ (b) Parcels containing mailable liq­ post office, stations and branches. Dili­ uids (nonflammable and nontoxic) with cepted bid with Form 1036 for each ad­ gent effort must be made to secure the vertisement, must be submitted imme­ total content less than that noted in widest possible competition from eligible (a) of this subdivision may be labeled diately to the regional accounting office, postal employees, persons, and firms not the duplicate retained in the office file “Fragile—Liquid—Not over 24 ounces in connected with the Postal Service, and glass container or less than 1 gallon in and the triplicate given the successful as the result of publicity as a news item bidder. Qualified bids and bids received metal container.” I f preferred, the but only without cost to the Department. actual liquid content and type of con­ after the expiration of the advertisement All hourly rate contracts will be for a may not be considered. No contract tainer may be stated. The use of a period of not exceeding 1 year, termina­ separate label for this quantity of liquid may be awarded for the furnishing of a ble by the Department or the postmaster vehicle with driver, neither may the pro­ is not required when the desired infor­ acting in its behalf, upon 1 day’s notice mation is incorporated on the address posal Form VS-67 be modified in any and by the contractor at any time after respect. label. When not more than 8 ounces of giving the postmaster 30 days’ notice. liquid are contained in a small parcel (7) If, for any reason, a contract is Contracts may not be terminated by canceled in accordance with the terms of corresponding size, the endorsement contractors until they have been in “Fragile—Liquid” is considered suffi­ thereof, another advertisement should operation 30 days or longer. cient. Parcels from individual mailers be issued immediately and a new contract containing liquids in quantities which (3) The advertisement should indicate awarded. In that case, every effort are to be sacked, may be stamped “Frag­ the estimated number of hours the should be made to secure replacement ile—Liquid” by the accepting clerk. A equipment will be required daily, includ­ equipment at the same or lower hourly red label with black print, as mentioned ing loading time, but excluding standing rate. However, if that is not possible a in subparagraph (3) of this paragraph and swing time. In determining the supplemental estimate of the additional 534 RULES AND REGULATIONS funds required should be submitted Vehicles will furnish the necessary forms including the hour of the day the ad­ promptly on Form VS-63. Forms VS-66 for soliciation of proposals and consum­ vertisement will expire. Qualified bids and VS-68, explaining the reason for mation o f contracts. and bids received after the expiration further advertising, should also be sub­ (5) The advertisement should indicate time and date indicated in the advertise­ mitted to the Bureau o f Facilities, Divi­ the minimum number of hours each day ment may not be considered. No con­ sion of Vehicles. the equipment shall be furnished, in­ tracts will be awarded for the furnishing (8) A current record shall be main­ cluding loading time but excluding of vehicles with drivers in response to tained by various contract rates (not standing and swing time. If the ad­ such advertisements. Form 1036 must individual contractors) on Forms 1804 vertisement specifies vehicle hire in be completed for each advertisement and 1805 o f all contract vehicles used in excess of 7 hours daily, an explanation with an appropriate statement as to the city delivery. There shall also be must accompany each proposal recom­ whom the award was made. The con­ kept currently on Fbrm 1805 an accurate mended for acceptance, accounting in tract, in duplicate, and a Form 1036 will record of vehicles secured under equip­ full for the operator’s time during the be returned to the postmaster, the orig­ ment maintenance allowance for special whole period of a normal day’s assign­ inal and Form 1036 for transmittal im­ delivery. A memorandum shall be kept ment. mediately to the designated regional on the back of Form 1805 o f all vehicle ( 6) No advertisement should be is­ accounting office and the duplicate for delays because of mechanical or other sued for bids for service to begin prior the postmaster’s file. Each successful failures, in order that consideration may to the time and date set for the opening bidder shall be notified promptly by the be given to deducting the time the vehicle of the bids. In each instance the ad­ postmaster and a copy of the contract was inoperable from the contract pay or vertisement must be posted so that bids furnished him upon request. to cancellation of the contract due to may be received in ample time to allow (10) If it becomes necessary, service failure to keep the vehicle in good con­ the Department at least 2 weeks to may be maintained at the lowest hourly dition, as required under the terms of the process the papers and to notify the rate determined by competitive bidding contract. postmaster of approval or disapproval pending the consummation of an annual (9) If there is any evidence of collu­ in advance of the effective date. rate contract, but in that event it is the sion in bidding, price fixing, or abuse of (7) Each proposal must be enclosed in responsibility of the postmaster to see contract equipment, a special report a sealed envelope with the notation on that the necessary funds are available should be submitted to the inspector in the envelope “Proposal for Vehicle Serv­ for temporary vehicle hire. charge and to the Bureau o f Facilities, ice, City o f ______” and addressed to the (11) Claims for overtime use of a ve­ Division of Vehicles. postmaster. Each envelope must be hicle will not be allowed unless filed (b) Annual rate contracts. Cl) When­ stamped to show the date and time of with the postmaster within 30 days after ever a contract for furnishing a vehicle receipt. All proposals received are to be the end of the calendar quarter in which on an annual rate basis is about to expire kept under lock and key until the date the service was performed upon proper or notice of intention to terminate is and hour stated in the advertisement authorization of the postmaster or of a received, the postmaster shall notify the for the receipt of bids and thereafter supervisor to whom such authority shall Bureau of Facilities, Division of Vehicles, the bids shall be opened by a committee have been delegated. in order that the necessary forms and of three supervisors (or three disinter­ (12) A current record shall be main­ instructions may be issued for readver­ ested employees if supervisors are not tained by various contract rates (not tising. available), to be designated by the post­ individual contractors) on Forms 1804 (2) Annual rate contracts with auto­ master. The committee as a whole shall and 1805 of all contract vehicles used matic yearly renewal clauses are not per­ open the bids, initial, number, and ab­ in the city delivery. There shall also be mitted to remain in effect for a longer stract them, and submit recommenda­ kept currently on Form 1805 an accurate period than 4 years, except when held by tions to the postmaster for award of record of vehicles secured under equip­ postal employees below the grade of contract. After the bids have been ment maintenance allowance for special supervisor. It is the responsibility of the opened, each envelope must be attached delivery. A memorandum shall be kept postmaster to see that contracts subject to the bid contained therein. If bids are on the back of Form 1805 of delays of to limitation are readvertised 60 days mailed, they must bear proper postage. each vehicle daily because of mechanical prior to expiration. (8) Erasures in proposals must bear a failure for determination as to whether (3) Annual rate contracts may be ter­ statement on the margin of the proposal the vehicle is in proper condition for minated by either party after 6 months’ signed by the bidder as follows: “I continued service and if the circum­ operation and 30 days’ notice of intention hereby certify that the correction was stances are such that would warrant de­ to terminate. Where service require­ made by me before the proposal was sub­ duction from the contract pay because ments have changed or there is indica­ mitted in response to the advertisement.” of failure to furnish the vehicle the full tion that economy would accrue by re­ (9) All bids must be prepared in trip­ time called for by the contract. advertising the service, appropriate rec­ licate and transmitted to the Bureau of (13) I f there is any evidence of collu­ ommendation should be made to the Facilities, Division of Vehicles, with the sion in bidding, price fixing, or abuse of Division of Vehicles. advertisement that was posted on the contract equipment, a special report (4) Advertisements must be posted on bulletin board, bearing certification that should be submitted to the inspector in the bulletin board at the main post office the advertisement was posted on the bul­ charge and to the Bureau of Facilities, and at stations and branches, inviting letin board during the period indicated Division of Vehicles. bids for service required. Invitations to thereon; together with the abstract of (R. S. 161, 396, secs. 304, 309, 42 Stat. 24, 25; bid should be sent to persons, firms, and bidders and bids and recommendation 5 U. S. C. 22, 369) individuals in a position to furnish the for acceptanve of the lowest bid. The [ sealI Louis J. D oyle, required vehicles. Newspaper publicity advertisement posted on the bulletin Acting Solicitor. should be given only if obtainable with­ board must contain all of the informa­ {F. R. Doc. 54-642; Filed. Jan. 29, 1954; out cost as a news item. The Division of tion contemplated by the blank spaces, 8:45 a. m.] Saturday, January SO, 1954 FEDERAL REGISTER 535

PROPOSED RULE MAKING d e p a r t m e n t o f agriculture (b) Add thereto an amount computedber; and (3) $1.00 during each of the as follows: From the arithmetical aver­ other delivery periods. Agricultural Marketing Service age of car lot prices per pound for nonfat Proposed by the Dairy Division, Agri­ dry buttermilk solids (animal) in the [ 7 CFR Part 932 ] cultural Marketing Service: Chicago area as published by the De­ 14. Change subparagraph (1) of [Docket No. AO-33-A21] partment during the delivery period de­ § 932.44 (c) to read as follows: “ (1) the duct 5.5 cents, multiply by 8.5, and then handler claims Class I I On the basis of a H andling of M i l k i n F ort W a y n e , multiply by 0.96. I n diana, M arketing A rea utilization indicated in writing to the 5. Renumber § 932.53 to read 932.54, market administrator;” notice of h earin g o n proposed amend­ and add thereto the following paragraph 15. Make such other changes as may ments to te n ta tiv e m ar k etin g agree­ to be designated (c): be required to make the marketing m ent, AND TO ORDER, AS AMENDED agreements and order in their entirety ' (c) Class I I I milk. Multiply by 1.10 conform with any amendments thereto Pursuant to the provisions of the Agri­ the average daily wholesale price per cultural Marketing Agreement Act of that may result from this hearing. pound of 92 score butter in the Chicago Copies of this notice of hearing and 1937, as amended (7 U. S. C. 601 et seq.), market as reported by the Department and the applicable rules of practice and of the order, as amended, regulating the during the delivery period, and divide handling of milk in .the Fort Wayne, procedure, as amended, governing the the result by 10. formulation of marketing agreements Indiana, marketing area, may be ob­ and marketing orders (7 CFR Part 900), 6. Renumber § 932.54 to read 932.55. tained from the Hearing Clerk, Room notice is hereby given that a public hear­ Proposed by Allen Dairy Products, 1353, South Building, United States ing will be held in the Van Orman Hotel, Inc.: Department of Agriculture, Washington 128 West Berry Street, Fort Wayne, In ­ 7. Delete § 932.6 in its entirety and 25, D. C., or from the Market Adminis­ diana, beginning at 10:00 a. m., c. s. t., on substitute therefor the following: trator, 407 Strauss Building, Fort Wayne 2, Indiana, or may be inspected there. February 15,1954, for the purpose of re­ § 932.6 Fort Wayne, Indiana, Market­ ceiving evidence with respect to emer­ ing Area. “Fort Wayne, Indiana, Mar­ Issued at Washington, D. C., this 27th gency and other economic conditions keting Area,” hereinafter called the day of January 1954. which relate to the proposed amend­ “Marketing Area,” means all territory [ seal] R o y W. L en na rtso n , ments which are set forth below, or ap­ within the corporate limits of Fort Deputy Administrator. propriate modifications thereof, tor the Wayne, Indiana, and all territory within tentative marketing agreement and to [F. R. DOC. 54-659; Filed, Jan. 29, 1954; five miles of the corporate limits of Fort 8:49 a. m.] the order, as amended, regulating the Wayne, Indiana, and including all terri­ handling of milk in the Fort Wayne, In ­ tory within the corporate limits of New diana, marketing area. These proposed Haven, Indiana. amendments have not been approved by DEPARTMENT OF LABOR Proposed by Central Dairy, Inc.: the Secretary of Agriculture. Division of Public Contracts Proposed by Wayne Cooperative Milk 8. Add item (d) to § 932.12, “the per­ Producers, Inc.: centage requirements regarding a pool [ 41 CFR Part 202 ] 1. Delete § 932.41 (a) (3) and substi­ plant do not apply in the case of a han­ tute therefor the following, to be desig­ dler’s plant located within the marketing W o olen and W orsted I n d u s tr y nated paragraph (a) (3) : area.” 9. Replace § 932.41 (b) (3) (4) with n o t ic e of proposed am endm ent to deter­ (3) Not specifically accounted for as“ Disposed of to any manufacturer of but­ m in a t io n OF pr e vailin g m in im u m w age any product specified in subparagraphs ter, ice cream, candy, soup, or bakery WOOLEN and w orsted in d u s t r y (1) and (2) of this paragraph, as Class products” . This matter is before the Department II milk, or as Class i n milk. 10. In § 932.84 (c) change to “ Such pursuant to the act of June 30, 1936, as 2. Delete § 932.41 (b) (1) and substi­ milk computed at the blend price and amended (49 Stat. 2036; 41 U. S. C. sec. tute therefor the following, to be desig­ butterfat differential” instead of “ Class 35 et seq.), entitled “An Act to provide nated paragraph (b) (1 ) : I I price and butterfat differential”. conditions for the purchase of supplies 11. Make such changes as the above and the making of contracts by the (1) Used to produce a milk product proposals would make necessary to United States, and for other purposes,” other than those specified in paragraphs clarify and correct the order. and known as the Walsh-Healey Public (a) (1) and (2) or (c) of this section. Proposed by Chris. Bullerman & Sons: Contracts Act. 3. Add to § 932.41 the following para­ 12. Amend § 932.12 (a) of Order No. 32 The Secretary of Labor, in a minimum graph, to be designated (c) : to read as follows: wage determination issued pursuant to (a) During any delivery period within the provisions of the Walsh-Healey Pub­ (c) Class m milk shall be all skim lic Contracts Act and effective May 14, milk and butterfat used during April, which the total combined amount of skim milk and butterfat disposed of as Class I 1949 (14 F. R. 1793), determined the May, June, and July to produce butter. m inim um wage prevailing for persons milk on a route (or routes) operated 4. Establish a Class n i price, to be wholly or partially in the marketing area employed in the Woolen and Worsted In ­ dustry in the performance of contracts designated as § 932.53, which shall read from such plant is equal to 10 percent as follows: or more of the total volume of milk re­ with agencies of the United States Gov­ ernment subject to the act, to be not less § 932.53 Class I I I milk prices. Sub­ ceived at such plant during such delivery than $1.05 per hour. This determination ject to the provisions of §§ 932.54 and period from dairy farmers having certifi­ also authorized employment of learners 932.55, the minimum price per hundred­ cation issued by the Fort Wayne Board of and beginners at rates not less than 90 weight, on a 4.0 percent butterfat content Health to produce milk for disposition cents an hour for a learning period no basis, to be paid by each handler for within the marketing area in the form longer than 320 hours. This determina­ producer milk received and classified as of fluid milk; tion is currently in effect as editorially Class III milk shall be computed by the revised and published in the F ederal following formula: Proposed by Tonne Dairy: 13. It is proposed to amend § 932.51 R egister on July 20,1950 (15 F. R. 4634). (a) Multiply by 120 percent the aver­ The Textile Workers Union of Amer­ age daily wholesale price per pound of (a) to read as follows: ica, CIO (hereinafter referred to as the 92 score butter in the Chicago market (a) Add (1) $0.60 during each of the T W U A ), submitted a petition to the Sec­ as reported by the Department during delivery periods of April, May and June; retary of Labor dated November 16,1951, the delivery period, subtract 5 cents (2) $1.15 during each of the delivery pe­ for determination of a prevailing mini­ therefrom, and then multiply by 4.0; and riods of October, November and Decem­ mum wage of $1.265 an hour in the No. 21— 2 536 PROPOSED RULE MAKING

Woolen and Worsted Industry with a definition of the Industry set forth in Participating in the hearing on behalf provision for a wage escalator quarterly full in the notice of hearing. The notice of the Industry were representatives of adjustment of one cent for each 1.18 rise particularly invited information with re­ The NAWM and counsel appearing in the Bureau of Labor Statistics Con­ spect to the subject matter of testimony jointly for it and 105 woolen and worsted sumer Price Index (Old Series) begin­ or statements of each witness as to : ( 1 ) companies. Labor was represented by ning with February 15„ 1951, and fringe The number of workers covered in the The TWUA and UTWA. There also ap­ benefits of vacations with pay, paid holi­ presentation; (2) the number and loca­ peared and participated Senator John p. days, and shift premiums as provided in tion of establishments; (3) the number Kennedy of Massachusetts, and Govern­ its collective agreements. Retention of of looms and spindles operated in each, ment representatives from the Bureau of the currently effective definition of the establishment; (4) minimum wages Labor Statistics, the Armed Services Tex­ Industry also was urged. paid at the end of a probationary or tile and Apparel Procurement Agency, The United Textile Workers of Amer­ learner period, the number of workers the Office of the Quartermaster Générai ica, A. P. of L. (hereinafter referred to receiving such wages, and the occupa­ arid the Bureau of the Census. All par­ as the U TW A ), submitted a petition to tions in which these employees are ties consenting, the record of the pro­ the Secretary under date o f February 29, found; (5) the entrance rate for learn­ ceedings was closed by the Examiner as 1952, seeking determination of a prevail­ ers, beginners or probationary workers, of April 24,1953. ing minimum wage of $1.30 an hour in the length of such learning or probation­ Procedural motions and objections. the Industry, with a wage escalator ary period, and the number of workers The exceptions and objections to the pro­ clause and shift premiums, vacations paid such entrance rates; and (6) the posed Amendment filed by counsel for with pay, paid holidays and health and product or products. The notice further the NAWM on its behalf and on behalf of welfare plan benefits. Retention of the stated that, “To the extent possible, data certain woolen and worsted companies currently effective definition of the In­ should be submitted in such a manner are of three types: Those questioning dustry also was proposed. as to permit evaluation thereof on a the authority and discretion exercised by Averments in these petitions respect­ plant by plant basis.” the Secretary m the proposed amend­ ing minimum wage rates established by Pursuant to the notice, a hearing was ment to the wage determination; objec­ collective bargaining agreements, and held on May 15, 1952, at 10 a. m. in tions to the sufficiency, or the compe­ other wage data concerning woolen and Conference Room A of the Interdepart­ tency of evidence; and procedural objec­ worsted manufacturing establishments mental Auditorium in Washington, D. C. tions bottomed on the requirements of and associations, impugned the prevail­ Representatives of employees and em­ the Administrative Procedure Act. At ing status of the $1.05 per hour minimum ployers appeared and testified at the appropriate places in subsequent pages wage promulgated and currently effec­ hearing, and the record was kept open the subject matter basic to these objec­ tive since May 14, 1949, for the Woolen until June 16, 1952, for the submission tions together with the objections them­ and Worsted Industry. This proceeding of additional written data and briefs. selves are considered. was, therefore, initiated for the purpose A t the hearing, management appear­ Both in their exceptions and objections of determining the minimum wages pre­ ances included representatives of NAWM to the proposed Amendment, and in their vailing in the Industry, and amendment and of several woolen and worsted com­ motions to vacate the proposed Amend­ of the outstanding determination, if panies. Labor appearances included ment, or to reopen the hearing for addi­ requisite. representatives of TW U A and UTWA. tional evidence, NAWM counsel have As a preliminary to public hearing, a Other appearances at the hearing in­ urged invalidity of the proposed Amend­ conference of representatives of the De­ cluded Governor Paul H. Dever of Mas­ ment for failure to comply with the re­ partment o f Labor, of management and sachusetts and Professor Seymour E. quirements of provisions of the Adminis­ of labor was noticed, and subsequently Harris, Chairman, Governors' Committee trative Procedure Act applicable to these held on January Ï5 ,1952. Industry rep­ on the New England Textile Industry. proceedings. Counsel by letter to the resentatives consisted of the National In addition, letters, statements and briefs Secretary dated March 25, 1953, also Association of Wool Manufacturers were filed by interested parties at and objected that the Notice of Supple­ (hereinafter referred to as the NAWM) after the hearing, and were made a part mental Hearing, as well as the notice for and several individual woolen and of the record. v the earlier May 1952 hearing, fail to in­ worsted companies, and representatives The former Secretary of Labor’s Pro­ form interested parties of the matters of of TW UA and UTW A for labor. Issues posed Amendment to the Determina­ fact and law and the subjects and issues and matters germane to this proceeding tion of the Prevailing Minimum Wage to be considered and determined at the were discussed; including definition of for the Woolen and Worsted Industry supplemental hearing. This alleged fail­ the Industry, and information on. wages dated January 19, 1953, was published ure is averred to have deprived parties necessary for a determination of prevail­ in the F ederal R egister on January 27, of requisite opportunity to prepare ing minimum wages in the Industry. 1953 (18 F. R. 575) , and granted a period therefor. On this ground, counsel for Notice of a hearing in this matter to o f 30 days for the filing of exceptions and NAWM moved at the conclusion of the be held on May 15, 1952, was duly pub­ objections. The NAW M requested ad­ supplemental hearing that the proceed­ lished in the F ederal R egister on March ditional time for such filing and the ing be terminated and dismissed. 25, 1952 (17 F. R. 2576>. Copies of the period was extended to March 13, 1953. H ie NAWM exceptions and motions Notice and a press release announcing Notice of the extension to all parties was urge alleged inadequacy of the hearing the hearing were mailed to trade asso­ duly published (18 F. R. 807). Under notices and consequent lack of oppor­ ciations, unions, and to individual com­ date of March 3, 1953, attorneys for the tunity to prepare for hearing. The pro­ panies in the Industry. In addition, the NAWM and 105 woolen and worsted visions of section 4 (a) (3) of the Ad­ press release was distributed to news­ companies filed motions to vacate and ministrative Procedure Act require trie papers and trade publications. withdraw the proposed amendment, or notice of hearing in rule making pro­ This notice and release informed in­ to reopen the-hearing for examination ceedings to include, terested persons o f the rule making pro­ of witnesses and introduction of addi­ either the terms or substance of the pro­ ceeding and of the time and place at tional evidence and further to extend the posed rule or a description of the subjects which they could appear and offer testi­ time for filing exceptions. The motion and issues involved. mony as to: ( 1 ) TTie prevailing minimum to reopen was granted to the extent The Attorney General’s Manual on the wages in the Woolen and Worsted In ­ stated in the Notice of Supplemental dustry; (2) whether there should be in­ Administrative Procedure Act, at page cluded in any amended determination Hearing to be held on April 22, 1953, 30; construes this provision to require for the Industry provision for employ­ duly published in the F ederal R egister that, ment of learners and/or apprentices at on March 30, 1953 (18 F. R. 1603). This the notice should be sufficiently informative subminimum rates, and if so, in what notice together with a press release was to assure interested persons an opportunity occupations, at what submininzum rates, given the same distribution as the notice by participate intelligently in the rule mak* and with what limitations, i f any, as to for the original hearing. Pursuant ing process. learning period, and the number or pro­ thereto, the supplemental hearing was The provisions of the first Notice of portion in relation to total employment held cm April 22, 23, and 24, 1953, in the Hearing on Proposed Amendment, com­ of such subminimum rate employees; Department of Labor Building, Wash­ mented on above, were responsive to the and (3) the propriety of the outstanding ington, D. C. pre-hearing conference understanding Saturday, January 30, 1954 FEDERAL REGISTER 537 on issues and subjects to be heard, and Industry, as promulgated on January In view of the history and adjustments refer and were directed to amendment 19, 1953, found that the locality in which in the Act’s procedures, I am in this of a duly promulgated; effective wage de­ the products of the Industry are manu­ matter continuing to follow the appli­ termination and met the letter and spirit factured or furnished under Government cable departmental practice in making of the statutory requirement of notice. contracts is co-extensive with the entire this prevailing minimum wage determi­ The Notice of Supplemental Hearing, no area in which the Industry operates. nation without provisions for geographic less so, accords with the statutory re­ For this reason, and because the pro­ differentials. I do, therefore, approve quirement. It invited further submis­ posed amended Determination was re­ and issue my amendment to the Deter­ sion on the subjects and issues included stricted to that Industry and the occupa­ mination of the prevailing minimum in the notice of the May 1952 hearing, tions in it, no geographic division of the wages in the Woolen and Worsted In­ and specifically notified “ all interested Industry was proposed. This accords dustry as herein set out. parties” to “appear in opposition to, or with the interpretation of the Act which Definition. The notice of the May 15, in support of the proposed amendment has been applied by the Department 1952, hearing published in the F ederal (of January 19, 1953), and offer supple­ throughout its administration, and ac­ R egister March 25, 1952, contained the mental evidence and otherwise partici­ cords with the evidence presented in both text of the currently effective definition pate.” hearings, and the Determination hereto­ of the Industry and placed in issue its Attorneys for NAWM were also in­ fore made in establishing the original propriety and continued adequacy. The formed as follows by the former Secre­ minimum wage of $1.05 per hour for the definition reads as follows: tary’s letter of April 3, 1953, well ante­ Woolen and Worsted Industry by this (1) The manufacturing or processing of dating the hearing: Department in 1949. all yarns (other than carpet yarns) spun en­ This construction of the provisions of tirely from wool or animal fiber (other than I am satisfied that the Notice of Nearing silk); and all processes preparatory thereto; on Proposed Amendment, published March the Act has not been wholly free from doubt, however, and the pertinent statu­ (2) The manufacturing, dyeing or other 25, 1952 (17 F. R. 2576) and the Notice of finishing of fabrics and blankets (other than Supplemental Hearing, published March 20, tory provision has been variously inter­ carpets, rugs, and pile fabrics) woven from 1953 (18 P. R. 1603) adequately describe the preted by parties interested in these pre­ yarns spun entirely of wool or animal fiber subjects and issues involved in this proceed­ vailing minimum wage determinations. (other than silk); ing conformably with section 4 (a) (3) of Congress inquired into the problem in (3) The manufacturing, dyeing, or other the Administrative Procedure Act. This puts 1952, and made provision for its solution. finishing of fulled suitings, coatings, top- in issue the question of what minimum After considering the interpretation ap­ coatings, and overcoatings knit from yarns wages prevail in the industry, whether sub- plied by the Department over the last spun entirely of wool or animal fiber (other minimum rates should be authorized for than silk); learners and apprentices and the propriety 16 years and specific language proposed to require a change, Congress disposed of (4 ) The picking of rags and clips made of the present industry definition. entirely from wool or animal fiber (other All interested persons have full opportun­ this question by granting to the parties than silk) and the garnetting of wool or ity to appear and to submit whatever supple­ adversely affected by the Secretary’s animal fiber (other than silk) from rags, mental data, views and arguments they wish determinations the right to take the clips, or mill waste; and other processes re­ the Secretary to consider in making the de­ question to court for ultimate judicial lated thereto; terminations required by these proceedings. resolution. This right to judicial review (5) The manufacturing of batting, wad­ It is the intention of the Department to did not exist before. Congress did not ding, or filling made entirely of wool or introduce evidence material to this proceed­ animal fiber (other than silk); ing, including the wage data prepared by the deem it advisable to exercise its power ( 6) The manufacturing or processing of Bureau of Labor Statistics. You, of course, either to reverse or affirm the past prac­ all yarns (other than carpet yarns), spun may exercise rights to examine witnesses in tices of the Department. It left the from wool or animal fiber (other than silk) accordance with the provisions of the Ad­ matter to resolution of the courts in combination with cotton, silk, flax, jute, ministrative Procedure Act. through the usual processes available to or any synthetic fiber; except the manu­ Neither the scope of the definition of the aggrieved parties. facturing or processing on systems other industry, or of any branch or branches thereof, nor the geographical basis on which Two proceedings under the Public than the woolen system of yarns containing prevailing minimum wages are to be con­ Contracts Act have been conducted pur­ not more than 45 percent by weight of wool sidered, nor for that matter any other of the suant to the provisions of the Adminis­ or animal fiber (other than silk) in com­ issues, can be determined prior to considera­ trative Procedure Act, made applicable bination with cotton, silk, flax, jute or any synthetic fiber; tion of the complete record. Guidance with by the 1952 Fulbright Amendment to the respect to the Department’s interpretations (7) The manufacturing, dyeing, or other Defense Production Act of 1950. The finishing of the products enumerated in and practices relating to determinations un­ public hearing on petitions for amend­ der section 1 (b) of the Public Contracts Act clauses (2 ), (3 ), (4 ), and (5) from wool or is afforded by the amended determination ment of the prevailing minimum wage animal fiber (other than silk) in combina­ for the Textile Industry and the proposed determination for the Woolen and tion with cotton, silk, flax, jute or any syn­ amendment for the Wollen and Worsted In ­ Worsted Industry initially took place on thetic fiber; except products containing not dustry, as well as by other existing proposals May 15, 1952. The hearing subsequently more than 25 percent by weight of wool or or determinations. Accordingly, you should was reopened on April 22, 23, and 24, animal fiber (other than silk) with a margin be prepared to submit any and all data, views 1953, and was concluded. Prior thereto, of tolerance of 2 percent to meet the exigen­ and arguments that you believe pertinent to cies of manufacture,. the issues. You are, of course, aware that upon petitions for amendment to the the Secretary has not construed the act as prevailing minimum wage determination The National Association of Wool requiring determinations for cities, towns for the Textile Industry (cotton, silk, Manufacturers proposed at the pre- or villages. synthetic fibers, etc.), a public hearing hearing panel conference, at the May 15, was held on September 4, 1952, and a 1952, hearing, and in a post-hearing At the hearing in April 1953, granted final determination became effective statement that the definition of the In­ in response to the NAWM petition, the February 21, 1953. The standards and dustry be modified on the ground that Association representative and Counsel statistical criteria hereinafter applied to rising competition from new man-made declined to state in what respects they the instant determination are not less fibers, or wool mixtures therewith, would had been unable to prepare, and also than the standards and statistical cri­ declined to introduce any evidence of place woolen and worsted mills at a com­ teria relied upon in the Textile Industry specific wages actually paid and to make petitive disadvantage. The NAWM pro­ amendment, and applied by the Depart­ posed a definition to read as follows: any recommendation as to a proper ment for many years to wage determina­ wage determination under the Act. tions of the kind here involved. 1. Cloths woven from yarns wholly or in NAWM counsel characterized its motion part spun. After fully considering the 1952 Ful­ A. From wool, reprocessed wool or re-used for dismissal because of inadequacy of bright Amendment to the Act and its the notices as “ made for the record.” wool. I am satisfied the Examiner properly legislative history, I have concluded that B. From staple, waste or tow of man­ denied the motion, and that the excep­ it does not authorize or justify delay in made fibers other than rayon or acetate. the administrative disposition of this 2. Cloths knit from yarns wholly or in part tions in this respect are not well founded. spun. The prevailing minimum wage stand- matter which has been fully heard since A. From wool, reprocessed wool or re-used ofd. The proposed amendment to the the Fulbright Amendment, and has been wool. Determination of the prevailing mini­ pending but undecided in the Depart­ B. From staple, waste or tow of man-made mum wage for the Woolen and Worsted ment from 1951 to the present time. fibers other than rayon or acetate. 538 PROPOSED RULE MAKING

C. And procured by tbe yard or squaredemarcation for thè borderline areas be­ wool mixtures which contain less than yard. tween these related industries, to provide 25 percent wool. 3. Blankets woven or knit irom yarns authoritative guides for the Government It is essential that industry definitions wholly or in part spun A. Prom wool, reprocessed wool or re-used and the public. under the Act be formulated in accord­ wool. Representatives of three Government ance with actual industry practices. B. From staple, waste or tow of man-made agencies dealing continuously with In ­ Industry changes, as here not mere in­ fibers other than rayon or acetate. dustry members testified at the hearing. dications of nascent trends, can and will 4. Yarns wholly or in part spun Testimony of officials of the Bureau of be recognized by definition changes when A. Prom wool, reprocessed wool or re-used the Census, subpoenaed by the NAWM, they have occurred. Clauses (6) and (7) wool. reveals that this agency generally fol­ of the currently effective definition with B. From staple, waste or tow of man-made lows the Industry classifications set forth fibers other than rayon or acetate. respect to yam mixtures and to fabric 5. Tops processed from wool or man-made in the authoritative Standard Industrial mixtures respectively, accurately reflect fibers. Classification Manual, issued by the Bu­ existing industry practice, and their re­ reau of the Budget. The Bureau of the tention is the only sound determination At the April 1953 hearing, the NAWM Census has never classified as woolen on the record before me, and requires offered a revised definition to read as and worsted products any fabrics con­ denial of the definition suggested by the follows: taining less than 25 percent by weight NAWM. The manufacture, as a prime contractor or of wool or animal fiber other than silk, It has been the consistent administra­ substitute manufacturer, of the products nor any yarn spun on systems other than tive interpretation since 1943 that enumerated below when wholly or in part of woolen and worsted systems containing pressed wool felt is included in the defi­ wool, reprocessed wool, or reused wool; or less than 45 percent by weight of such nition of this Industry. The NAWM has wholly or in chief part by weight of staple, fibers. Since 1951, the Bureau of the waste or tow of man-made fibers other than noted disagreement with this position. acetate or rayon:— Census has classified, as- woolen and The record discloses, however, that The I. Woven cloths, except pile constructions. worsted fabrics, only those products Felt Association, and some individual XI. Fulled knit suitings, coatings, topcoat- which are 50 percent or more by weight companies producing pressed wool felt, ings and overcoatings. of wool, re-used wool or reprocessed have not questioned that pressed wool III. Woven or knit blankets. wool, or are mixtures and blends in felt is within the scope of the Woolen IV. Yarns. which the chief fiber content is wool, and Worsted Industry. V. Tops. although it has continued to collect and Woven and pressed wool felt are clearly The 1952 and 1953 definitions sug­ report data in the 25 to 50 percent wool products of the Woolen and Worsted gested by NAWM are designed to encom­ content classification. None of the in­ Industry. Woven wool felt is provided pass within the Woolen and Worsted terested parties proposed exclusion from for by Clause (2) of the Industry defini­ Industry existing or prospective products the definition of these fabrics and yarns tion. To remove any possibility of mis­ resulting from recent developments in currently included. understanding, current paragraphs (6) the field of man-made fibers. The prin­ The Bureau of Labor Statistics repre­ and (7) shall be renumbered as (7) and cipal effect of the most recent NAWM sentative testified that this agency gen­ (8) respectively, and there shall be definition would be to include yarns and erally also# follows the Bureau of the inserted a new paragraph (6) to read as fabrics containing proportions of wool Budget classifications in defining indus­ follows: less than those indicated in paragraphs tries for survey purposes, suph as the The manufacturing of pressed felt made (6) and (7) of the present definition, or wage survey made by the Bureau, in entirely of wool or animal fiber (other than containing no wool, but consisting by evidence as Exhibits 10-A and 10-B, silk) ; weight, either wholly or in chief part, of which utilize a definition in accord with staple, waste, or tow of man-made fibers, the definition hereinafter given of the In addition, the paragraph renum­ other than acetate or rayon. Broad-Woven Fabric, Yarn and Thread bered (8), shall be further amended to Branch of the Woolen and Worsted In­ add to the enumeration of clauses there­ Both the TW UA and UTW A opposed in contained, enumeration of the new the definitional suggestions of the NAWM dustry. paragraph (6). primarily on the ground that such The NAWM itself, as recently as 1952, has utilized the 25 percent fabric de­ No other suggestions with respect to changes would vitiate lines of demarca­ amendment of the definition were made, tion with related industries, and would marcation line in its Bulletin, Volume L X X X I for the year 1951, which contains and both petitioners urge the present bring within the definition of the In­ definition of the Woolen and Worsted a number of statistical tables and charts dustry many products not properly of Industry is proper, and recommend it be for the Industry. None of the statistical the Industry, or manufactured in woolen retained. I find that the currently ef­ and worsted mills. tables or charts for these products in­ fective definition (41 CFR 202.47 (a)), The testimony of the representative of clude data for any fabrics with less than as above amended, properly and accu­ the NAWM largely validates this basis 25 percent by weight of wool, reprocessed rately defines the Industry as presently of objection. He testified that, with re­ wool, or re-used wool. The date, includ­ constituted. spect to types of products purchased by ed in these tables and charts were ob­ Origin and nature of evidence on the Government, the suggested modifi­ tained from Government sources, and wages. Evidence in the record concern­ cation of the definition did not reflect from records of the NAWM. ing wages in the Woolen and Worsted current practices or production of the Testimony concerning the procure­ Industry consists principally of the fol­ Industry, but would have future applica­ ment experienOe of the Government’s lowing: (1) The Bureau of Labor Sta­ tion on the basis of hoped for future largest purchaser of textiles is also tistics (BLS) wage survey; (2) The production developments. He could significant. Representatives of the NAWM wage survey, and (3) separate identify only one woolen and worsted Armed Services Textile and Apparel TW UA and UTWA wage listings by es­ plant producing cloth primarily made Procurement Agency and of the Quar­ tablishments. In the Proposed Amend­ from man-made fibers, other than rayon termaster testifying at the April 1953, or acetate. ment to the Determination of the hearing1, stated that the Agency seldom Prevailing Minimum Wage for the The problem of overlaps between tjie purchases fabrics containing woolen and Woolen and Worsted Industry issued various textile industries is not a new one. worsted fibers that have a wool content January 19, 1953, the former Secretary Most products of the Textile Industry of less than 80 percent. It was testified placed primary reliance on the BLS sur­ and the Woolen and Worsted Industry that the Agency had bought fabrics with vey in determining the prevailing mini­ are clearly identifiable, and constitute as little as 25 percent of wool in only mum wage. I am similarly persuaded, no problem with respect to industry one instance. Abstracts of individual after examination of all the evidence on classification. Since the problem as to procurements of products of the Woolen wages. borderline areas arises out of inter-in­ and Worsted Industry by the Armed In exceptions and objections to the dustry competition, it is not surprising Services Textile and Apparel Procure­ proposed amendment, filed before the that the contentions of the manufac­ ment Agency and the Quartermaster supplemental hearing, the NAWM ques­ turers in these overlapping industries Corps, were introduced into the record. tioned reliance on the BLS data in de­ may not coincide. Several Government There is no evidence in the record that termining the prevailing minimum wage agencies have drawn necessary lines of the Government purchases fabrics of for this Industry. Its objections are di- Saturday, January SO, 1954 FEDERAL REGISTER 539 rected to statistical procedures utilized, The BLS representative also testified The wage data introduced in evidence and to whether such survey adhered to that workers employed in spinning and by the two textile unions, and by the the Industry definition. The NAWM weaving establishments engaged in pro­ NAWM, relate generally to the same argues that the matters excepted to ducing blankets and other fabricated types of establishments as are included would necessarily result in a margin of woolen and worsted textile products were in the BLS survey. The NAWM survey, error in the ultimate BLS figures, the similarly included in the survey, and Ex­ received in evidence as Exhibit C and D exact extent of which, however, it was hibit 60 shows on page 115 that blankets at the May 1952, hearing, was made by unable to state. The supplemental hear­ and other specified household supplies mail questionnaire covering a large num­ ing adduced additional evidence con­ are usually fabricated at the weaving ber of firms manufacturing woolen and cerning BLS methods, data and con­ mills. worsted textiles and related products. clusions which deprive the NAWM The NAWM voices objection that since It focuses on the rate of $1.265 per hour exceptions and objections o f substan­ the BLS survey omitted plants with less urged for determination in the TWUA’s tiality. than 21 workers, it is not representative petition, without attempting otherwise The BLS survey was undertaken as of the Industry as defined. Evidence of to probe for specific prevailing minimum part of the Bureau’s regular program of record shows that such plants accounted wage rates. Based on its survey, the conducting wage surveys in important for less than one percent of the total NAWM offered tabulations for the rec­ industries. The results of this survey, employees. The absence of data for one ord showing the number of establish­ not available at the original hearing, percent of the total employees consti­ ments, and the estimated number of were introduced in evidence at the sup­ tutes minute and harmless error without workers employed in establishments, plemental hearing as Exhibit 10-A con­ perceptible effect on the Survey. having minimum hiring rates (excluding sisting of Tables 1 through 9 contained Similarly, NAWM contends that the learners) of $1.265 or more an hour, or in a preliminary release issued by the data obtained from the 205 plants in the of less than $1.265 an hour. The NAWM BLS, and Tables 10 through 17 subse­ sample, when adjusted by statistical made no attempt to obtain data on other quently prepared by the BLS, all of methods, reflect hypothetical data for specific minimum rates, or the extent to which tabulate data for the entire the entire 462 plants. The BLS in mak­ which such “hiring” rates were actually United States as well as for certain ing this survey and the tabulations, fol­ being received by employees on any given specific portions thereof; Exhibit 10-B lowed generally accepted statistical date. consisting of separate releases for Rhode practices and principles. The last para­ The tabulations presented by the Island, Massachusetts, Northern New graph of Exhibit 11 explains in part the NAWM also evidence a breakdown of England, New York-New Jersey, and method of sampling as follows : major products of the mills included in Philadelphia, Pennsylvania-Cam den, In sampling, relatively large proportions of its survey, identification of the number New Jersey, identified as Tables 18 establishments concentrated in the major of mills therein also included in the through 22; and Exhibit 11 entitled regions as well as of major establishments unions’ listings, number of employees “Wage Structure, Woolen and Worsted in terms of size were included to permit and minimum wages as of March 1952, Textiles, April-May 1952; Series 2, Num­ presentation of separate data by region and and the number and location by geo­ ber 90”, which is the final survey report size of establishment. The effect of varying graphical region of establishments re­ issued by the BLS in October 1952. proportions in terms of employment was off­ porting a minimum hiring wage (exclud­ set by weighting. Thus, each region and ing learners) of less than $1.265 an hour. The scope, source materials, statistical size-group of establishment was given only procedures, and accuracy of the BLS its appropriate influence in the data. The TWUA and UTW A lists, received wage data, including methods of obtain­ as Exhibits D and E at the May 1952, ing the basic data, its responsiveness to The NAWM also has filed objection hearing and reproduced in the transcript the Industry definition, and preparation that the BLS survey was limited to plants thereof, evidence the names and loca­ of the several tabulations were subjects primarily engaged in spinning yam or tions of plants in the Industry, the type of testimony by BLS officials. The BLS thread and related operations, or in of products manufactured, number of survey includes wage and other data for weaving broad-woven fabrics, whereas employees and minimum wages paid. establishments in the following cate­ the proposed determination applies to These lists include both union and non­ gories: Broad-Woven fabric mills pri­ plants engaged in the operations covered union establishments and cover a large marily engaged in weaving woolen and by the definition whether or not they proportion of the Industry. In addition, worsted fabrics over 12 inches in width; are the primary activities in such plants. both unions submitted copies of a num­ yarn and thread mills primarily engaged This objection also is without requisite ber of collective bargaining agreements in spinning, twisting, winding or spool­ support in the record. Exhibit 12, page with the Industry. ing yarn and thread from wool fibers. 5, shows that in the year 1947, the latest in the Proposed Amendment dated The data include the workers in such es­ year for which such information is avail­ January 19, 1953, the former Secretary tablishments engaged in producing the able, the total value of woolen and noted that the employment figures re­ above-named products, as well as em­ worsted fabrics produced amounted to ported by the NAWM and by the unions ployees engaged in producing blankets $1,238,609,000 of which $1,194,379,000 do not relate to any specific date, but are and other fabricated woolen and worsted worth, or 96 percent, were manufactured estimates by the reporting firms or by products and in scouring, combing, dye­ in plants primarily engaged in the pro­ the unions of the number of production ing and finishing operations. Data with duction of such fabrics or of woolen and workers employed when the establish­ respect to the number and size of estab­ worsted yarns (except carpet y a m ). ment is operating on its regular schedule. lishments in the above and other In­ The total value of yarns spun on wool Further, both the NAWM and unions dustry categories, and the percentage of systems (except carpet yarn) by plants included data for all plants within the each category’s production to total in­ primarily engaged in the production Industry for which information was dustry production are available in the either of such yarn, or of woolen and available, without regard to the possible 1947 Census of Manufactures, and aid in worsted fabrics during that year was relative over-representation of certain evaluating the adequacy of the BLS sur­ $323,117,000, or 94 percent of $343,076,000 segments of the Industry and the possible vey for wage determination purposes.1 the total value of such yarns produced relative under-representation of other in that year. The record further dis­ segments. He also observed that the 1 Some differences in classification noman- closes that whatever the primary activ­ NAWM survey, includes a number of clature without resulting difference in con­ ities of the plants included in the survey, establishments which do not appear to text may be shown between the BLS survey all of the operations as to which an be within the definition of the Woolen and the Census of Manufactures. For ex­ amended wage is proposed, are per­ and Worsted Industry ; that, on the other ample, yarn mill classifications of the two, hand, the NAWM at the May 15, 1952, though differently expressed are basically formed in plants included in the survey. similar and yield the same context. The hearing had questioned the accuracy of definitions of woven fabrics in both studies independent scouring, combing or finishing the minimum rates shown for a number are identical. In part they were interpreted establishments. The BLS survey did cover of establishments included in the unions’ at variance as to wool content without sig­ all mill employees so engaged. The testi­ listings, and that some listed establish­ nificant variance as to results, or impairing mony reveals that commercial finishing is the essentially comparable BLS and Census the exception and that most wool is scoured ments were no longer operating. On the coverage of mills encompassed by the Branch and combed and wool yarns and fabrics are basis of the above-mentioned limitations definition. The BLS survey did not cover dyed by the producing mills themselves. of the data submitted by NAWM and the 540 PROPOSED RULE MAKING

petitioning unions, the Secretary con­ Worsted Industry, as to which I have the 62 percent of all the production workers cluded that primary reliance for pur­ authority and discretion to determine a in the survey having established mini­ poses of the Proposed Amendment of prevailing minimum wage, different from mum job rates, reported a rate of $1.20 January 1953, must be placed upon the that prevailing as to the balance of the an hour, or more. survey by the Bureau of Labor Statistics Industry. In view of this preponderance of the with the Association and.the Union data Analysis of vxige data. In its survey Branch of the Industry which actually serving as supplemental data, I share of the Woolen and Worsted Textile In ­ confines its wage structure for employees and affirm his conclusion. dustry, the Bureau of Labor Statistics here considered to rates of $1.20 per hour As stated earlier, it is patent that the covered plants with 21 or more em­ and higher, I find that the prevailing evidence of record provides a sound ployees. The Bureau’s report did not minimum wage in the Broad-Woven evidentiary base for the amended deter­ indicate the percentage of employees Goods, Yam and Thread Branch of the mination hereinafter proposed. Admin­ thus excluded, but it may be determined Woolen and Worsted Industry, is $1.20 istrative responsibility in a matter of this by reference to the Census of Manufac­ per hour. import, would welcome submission of ex­ tures for 1947, the latest available period. The union wage data contained con­ haustive pay roll data for the entire Such census developed data for plants siderable evidence on minimum wages in Industry. Anything less, renders possi­ employing 20 or more employees, or only plants producing pressed felt and includ­ ble objections as to adequacy of wage one employee less than the standard ed information with respect to in excess data advanced by the NAWM. Reason­ used in the Bureau’s survey. Such data of 3,400 production employees out of a ing from less than complete data can shows that plants of the category sur­ total of 4,167 reported by the 1947 Cen­ never be demonstrated to be free from veyed by the Bureau, having 20 or more sus of Manufactures in plants making at least trace of error. The NAWM fails employees, employed 99.3 percent, and felt goods, including pressed felt. At the to show, however, that such errors are plants having 50 or more employed 97.5 April 1953 hearing, the TWUA repre­ prejudicial, or otherwise impugn the percent of the total production workers sentative stated that most of the em­ factual validity of the BLS survey of employed in such plants. Interpolation ployees in pressed felt plants are organ­ wages. My confidence in the BLS survey of this Census data indicates that the ized under the TWUA, and minimum springs from the fact that it has collected number of employees thus excluded by wage rates as high as or higher than and collated in accordance with pub­ the Bureau’s survey does not exceed one $1.20 per hour are established. lished methods and after consultation percent. On the record before me, I find that with representatives of employers and The Bureau of Labor Statistics survey the prevailing minimum wage in the employees, data of wages actually paid tabulated returns from 205 establish­ manufacturing or furnishing of pressed to 67,724 employees, approximately two- ments employing 67,724 employees. This felt is $1.20 per hour. ' thirds of the total in weaving and spin­ sample represents 44.4 percent of the In application of the “similar work” ning plants, during a representative pay establishments and 60.2 percent of all Standard, the BLS data point particu­ roll period. These factors, coupled with workers in the category surveyed. The larly to four occupations, namely, jani­ application of recognized statistical pro­ Bureau of Labor Statistics weighted tors, battery hands, hand truckers and cedures to this very large sample includ­ these returns in accord with well- spinning frame doffers. The job de­ ing application of recognized formulas accepted statistical procedures to deter­ scriptions applicable thereto were de­ for correction of error, persuades that mine wage data for production employees veloped as a result of the Bureau’s high accuracy and reliability have been employed in the 462 weaving and yam extensive experience in making surveys achieved in the ultimate data reported. plants, employing 21 or more employees. in the Industry and in consultation with Adequate wage data are available in Table 13 of Exhibit 10-A contains the labor and management representatives this proceeding only for the Broad- most significant evidence for determining from the Industry. Woven Goods, Yarn and Thread Branch the prevailing minimum wage, because The four occupations are defined by of the Woolen and Worsted Industry and it is based on wages actually paid, rather the Bureau as follows: for Pressed Pelt. I am proposing at this than entrance or plant rates, which are Janitor, excluding machinery cleaners time a redetermination only of the pre­ frequently only partially observed. This (day porter, sweeper; charwoman; janitress) : vailing minimum wage for this Branch, table is also appropriate in that it ignores Cleans and keeps In an orderly condition defined at the conclusion of this pro­ special rates paid to individuals because factory working areas and wash rooms, or posed determination, and for pressed they are learners or handicapped work­ premises of an office, apartment house, or felt. The prevailing minimum wage for ers. These should be ignored in the basic commercial or other establishment. Duties involve a combination of the following: persons employed in the manufacturing determination because provision for pay­ or furnishing of the products of the sweeping, mopping and/or scrubbing, and ment of subminimum wages to them is polishing floors; removing chips, trash and Woolen and Worsted Industry, as herein­ made as a tolerance under Section 6 of other refuse; dusting equipment, furniture, before defined, other than the products the Act. It appears from this table that or fixtures; polishing metal fixtures or trim­ of the Broad-Woven Goods, Yarn and 44.8 percent of the establishments em­ ming; providing supplies and minor mainte­ Thread Branch of the Industry, and ploying 61 percent of the workers pay nance services; cleaning lavatories, showers, pressed wool felt, remains as previously no more than 1 percent of their employ­ and rest rooms. Workers who specialize in determined effective May 14, 1949, and window washing are excluded. ees less than $1.20 per hour, and 49.3 Battery hand: Transfers or loads quills or revised July 20, 1950.2 percent of the establishments employing The statutory directive to determine bobbins of filling to the battery or loading 65.5 percent of the workers pay no more hopper of automatic looms. May convey “ prevailing minimum wages” for a par­ than 3 percent of their employees less filling to looms by means of a hand truck. ticular industry is framed in the plural than $1.20 per hour. As the table also Trucker, hand ( including bobbin boy): as respects the word “wages.” Clearly, shows, the number of workers in these Pushes or pulls hand trucks, cars or wheel­ more than one prevailing m in im u m wage plants actually receiving less than $1.20 barrows used for transporting goods and may be determined. This record dis­ per hour is negligible. This is probably materials of all kinds about a warehouse, manufacturing plant, or other establish­ closes functionally separate and con­ occasioned by the fact that the tables ment, and usually loads or unloads hand stituent parts of the Woolen and include watchmen and certain custodial trucks or wheelbarrows. May stack ma­ employees commonly paid less than other terials in storage bins, etc., and may keep «Production of the Industry, other than workers, who should be excluded from records of materials moved. by mills in the Broad-Woven Goods Branch consideration here because the Act, and Doffer, spinning frame: Removes full bob­ and by pressed felt plants, is relatively small, hence this Determination, does not apply bins of yarn from spindles of ring or cap particularly as respects Government con­ to them. spinning frames, replaces with empty ones tractual procurement. The Industry was and starts yarn on empty bobbins. May awarded 696 contracts from May 1951 through Table 11 tends to corroborate the evi­ help piece-up broken ends of yarn. March 1953, having a total value of $5-16,023,- dence contained in table 13. Table 11 Table 3 reveals the average hourly 000. Only one contract totaling $36,000 is shows the rates reported as the estab­ earnings for 21 occupations in this In­ identifiable as not within the Broad-Woven lished minimum job rates for all produc­ Goods Branch, or for pressed wool felt. On dustry. These were selected as fairly the basis of the record, redetermination is tion workers, exclusive of custodial em­ representative of the whole Industry not administratively justified, desirable, or ployees, learners, and handicapped from the highest to the lowest. It is necessary at this time, for the small balance workers. According to this table, 52.2 apparent from this table that janitors, of the Industry. percent of the establishments employing battery hands, hand truckers, and spin- Saturday, January 30, 1954 FEDERAL REGISTER 541

ning frame doffers are the lowest paid subminimum rates in some mills, but it stated herein, I propose to Issue an occupations. This comports with the appears that this practice is neither uni­ amendment in this matter as set forth oral testimony. It is apparent from table form nor sufficiently widespread to be below. Interested parties may submit 15 of exhibit 10-A that 83 percent of recognized in this tolerance, at this time. exceptions thereto within 30 days from the establishments employ workers to I conclude, therefore, that employ­ publication of this proposed amendment perform these tasks under these desig­ ment of learners and beginners, as such in the F ederal R egister. nations. As this work is generally neces­ terms are hereinafter defined, at sub- The minimum wage determination for sary to the operation of woolen and minimum rates should be authorized, and the Woolen and Worsted Industry con­ worsted mills, it is assumed that it is a wage rate of $1.05 an hour is an ap­ tained in Section 202.47 <41 Code of performed in other plants but under propriate and reasonable subminimum Federal Regulations, Part 202), hereby other designations. By reason of this rate for learners and beginners in the is amended as follows: fact, precise wage data as to this type Broad-Woven Goods, Yam , and Thread 1. Section 202.47 (a) is amended to of work in the other plants is unavail­ Branch of the Woolen and Worsted In­ renumber paragraphs (6) and (7) as (7) able, but table 16, indicates that the dustry and in the production of pressed and (8), respectively; to delete the word piinimnm job rate prevailing in those wool felt. “ and” before the word “ (5 )” ; to add the plants does not vary significantly from As the present determination does not words “ and (6) ” to the enumeration of that prevailing for this work in the make any provision for the employment clauses in renumbered paragraph-(8), plants which employ this nomenclature. of apprentices at subminimum rates, and and to add a new paragraph (6) to read It appears from table 15 that 68.6 per­ no testimony was introduced at the hear­ as follows; ing regarding a need for a subminimum cent of the workers in these categories (6) The manufacturing of pressed felt are employed in plants paying none of rate in the employment of apprentices, made entirely of wool or animal fiber such workers less than $1.20 per hour. the employment of apprentices at a (other than silk); Such plants comprise 52.8 percent of the subminimum rate is not authorized. 462 establishments in the BLS survey, Handicapped workers. The general 2. Section 202.47 (b) is amended to which plants employ 68.7 percent of the regulations presently permit employment read as follows: total production workers. of handicapped workers at subminimum (b) Minimum wage. (1) The mini­ In view of this preponderance of this rates on contract work under the act, mum wage for persons employed in the Branch of the Industry which actually and this authorization was not an issue manufacturing or furnishing of the ~ confines its wage structure for this work in the proceedings. It appears advis­ products of the Broad-Woven Goods, to rates of $1.20 per hour and higher, able, however, to include in the determi­ Yarn, and Tread Branch of the Woolen I find that the prevailing minimum wage nation specific authorization for such and Worsted Industry and Pressed Felt for battery hands, hand truckers, jani­ employment. under contracts subject to the Walsh- tors, and spinning frame doffers, in the Fringe benefits. The Textile Workers Healey Public Contracts Act shall be Broad-Woven Goods, Yam and Thread Union of America and the United Textile $1.20 an hour arrived at either on a time Branch of the Woolen and Worsted In ­ Workers of America recommended that a or piece rate basis. The Broad-Woven dustry is $1.20 per hour. As these are cost-of-living provision be included in Goods, Yam , and Thread Branch in­ the lowest paid occupations in this the determination reflecting that pro­ cludes the manufacturing, processing Branch of the Industry, this finding cor­ vided for in their collective bargaining (including all preparatory processing), roborates the finding that $1.20 is the agreements and, in addition, fringe bene­ dyeing or other finishing of any of the prevailing minimum wage in this Branch fits covered in their contracts. The following items which are within the of the Industry as a whole. By necessary National Association of Wool Manufac­ scope of the Woolen and Worsted In­ implication, the prevailing minimum turers vigorously opposed the inclusion dustry, as defined herein: Broad-Woven wages for all other occupations of this of such provisions in any determination. fabrics (fabrics over 12 inches in width), Branch are not less than $1.20 per hour. No determination issued under the Act yarn, thread, blankets. Learners and apprentices. Though provides for cost-of-living increases, (2) The minimum wage for persons table 12 of exhibit 10-A shows that rec­ shift differentials, paid vacations or holi­ employed in the manufacturing or furn­ ognition of a subminimum rate for in­ days, insurance or pension plans or any ishing of the products of the Woolen and experienced workers is not the prevailing other similar benefits. Such cost-of- Worsted Industry, other than the prod­ practice in the Industry, it would be in­ living increases as were currently effec­ ucts of the Broad-Woven Goods, Yarn, equitable to ignore the practice as to the tive as of the time of the BLS survey and Thread Branch of the Industry and substantial portion of the Industry in are necessarily reflected in the data of Pressed Felt, under contracts subject to which it does exist because the submini- actual wages paid collected by the Bu­ the Walsh-Healey Public Contracts Act mum rates actually paid such workers reau, and necessarily are reflected in the shall be $1.05 an hour, arrived at either have been ignored in the determination prevailing minimum wages herein found on a time or piece rate basis. that $1.20 is the prevailing minimum and determined. Shift differentials are wage. This causes no difficulty, as pro­ increments to the basic wage rates of (3) Section 202.47 (c) is amended to vision for a tolerance of this type is au­ employees for work performed at hours read as follows: thorized by section 6 of the act without or under conditions departing from nor­ (c) Subminimum wages authorized. reference to prevailing practice in the mal. Self-evidently, such differentials (1) Learners and beginners may be em­ Industry. Nevertheless, I will be guided may not be accorded weight in the de­ ployed subject to the following terms and by prevailing practice in the establish­ termination of a prevailing minimum conditions: - ments which recognize such a differen­ wage, which in and of itself does not • (i) In the performance of contracts tial in determining its scope. The ma­ have the effect of foreclosing employees for the products of the Broad-Woven jority of such establishments employing from receiving the increment of shift Goods, Yarn and Thread Branch erf the the majority of the workers in such es­ differentials if they meet the conditions Woolen and Worsted Industry and for tablishments observe a difference of 15 for their payment. Paid holidays, in­ Pressed Felt, learners and beginners may cents per hour or less. It is also ap­ surance or pension plans are related to be paid a subminimum rate of $1.05 an parent from table 10 that the $1.05 rate conditions of employment rather than hour, unless experienced workers in the for the inexperienced worker thus sug­ to wages. This is equally true of other same plant are paid on a piece rate basis, gested is not unreasonable as 56.3 per­ so-called fringe benefits. No other con­ in which case learners and beginners cent of the plants employing 70.2 per­ clusion is justified by the record before must be paid the same piece rates paid to cent of the workers have established me, in a proceeding for the determina­ experienced workers, and earnings based minimum entrance rates of $1.05 or tion of prevailing minimum wages in the more. upon these piece rates if such earnings Woolen and Worsted Industry. For are in excess of $1.05 per hour. In the Evidence as to the length of the learn- these reasons, I find that the determina­ performance of contracts for products of perioc* was introduced only by tion should not contain provisions sepa­ UTWA and TWUA. Both reported a 320 rately relating to fringe benefits, or the Woolen and Worsted Industry, other hour learning period provided in their based upon them. than the products of the Broad-Woven collective bergaining agreements. The Proposed amendment of determina­ Goods, Yam and Thread Branch of the evidence reflected utilization of an ad­ tion. Notice is hereby given that, upon Industry and Pressed Felt, learners and ditional 30 day probationary period at the findings and conclusions made and beginners may be paid a subminimum 542 PROPOSED RULE MAKING

rate of 90 cents an hour unless experi­ In § 110.12 List of accounts, records, It appearing, that good and suffieiert enced workers in the same plant are paid and memoranda, and periods of reten­ reasons have been advanced by the on a piece rate basis, in which case learn­ tion make the following changes: Radio-Electronics-Television Manufac­ ers and beginners must be paid the same 1. In item 110, Material ledgers, turers Association in its petition for an piece rates paid to experienced workers change the period of retention from 6 extension of time in which to file com­ and earnings based upon these piece years to 4 years in “ (a) Records of mate­ ments in this proceeding, and that the rates, if such earnings are in excess of rial and supplies on hand.” public interest would be served by an 90 cents an hour; 2. In item 111, Purchases and sales, extension until April 1,1954; (ii) The permitted length of the learn­ cancel the text and period of retention I t is ordered, That the time for filing ing period for learners and beginners for “ (b )” , and substitute; comments in the above-entitled proceed­ shall be 320 hours unless the learner or (b ) Invoices for materials and supplies ing is hereby extended from February l beginner has had previous experience in purchased whether attached to voucher or 1954, to April 1, 1954. the Industry, in which case the number filed separately (see items 55c and 111-1), of hours of such experience must be de­ and records and reports of such invoices— Adopted: January 26, 1954. ducted from the 320-hour learning 10 years. Released: January 26, 1954. period; 3. In item 111, Purchases and sales, (iii) A learner or beginner for the pur­ F ederal C ommunications cancel the text and period of retention C o m m issio n , pose of this determination is a person for “ (1) ”, and substitute: [ seal] * W m . P. M assing, who has had less than 320 hours’ ex­ Acting Secretary. perience in the Industry. (1) Price records of purchases, original file copies of invoices (see item 111-b )— 10 years. (2) Handicapped workers may be em­ [F. R. DOC. 54-653; Filed, Jan. 29, 1954; ployed at wages below the applicable 4. In item 114, Materials and supplies 8:48 a. m.] minimum wages specified herein upon issued, change period of retention from the same terms and conditions as are “ Permanent” to 4 years in “ (d) Price prescribed for the employment of handi­ records of materials and supplies issued, capped workers by the regulations of the free copies.” [ 47 CFR Paris 2,6,10, 11 1 Administrator of the Wage and Hour 5. In item 118, Company fuel, in (b), Division of the Department of Labor (29 (c), (d ), and (f), change word “coaling” [Docket No. 10777] CFR, Parts 524 and 525), under section to read “fueling.” 14 of the Fair Labor Standards Act as Any interested person may on or before^ P u b lic S a f e t y and I ndustrial R adio amended. April 1, 1954, file with the Commission S ervices The Administrator of the Public Con­ written views or arguments to be con­ sidered in this connection. Unless other­ order extend ing t im e for replying to tracts Division is authorized to issue com m ents certificates under the Public Contracts wise decided after consideration of repre­ Act for the employment of handicapped sentations so received, an order will be In the matter of amendment of Parts workers not subject to the Fair Labor entered making the said changes effec­ 10 and 11 of the Commission’s rules gov­ Standards Act or subject to different tive June 1, 1954. erning Public Safety and Industrial Radio Services, respectively, to permit minimum rates of pqy under jthe two [ seal] G eorge W . L aird, Operational Fixed Stations licensed to a acts, at appropriate rates of compensa­ Secretary. tion and in accordance with the stand­ State to provide coordinated service to ards and procedures prescribed by the [F. R. Doc. 54-647; Filed, Jan. 29, 1954; State agencies for the handling of public 8:47 a. m.] applicable regulations issued under the safety, administrative and agricultural Fair Labor Standards Act. information traffic -on a non-common carrier basis. Filed at Washington, D. C., this 27th FEDERAL COMMUNICATIONS The Commision having under consid­ day of January 1954. COMMISSION eration the petition dated January 19, James P. M it c h e l l , 1954, filed by the State of California in Secretary of Labor. [ 47 CFR Parts 2, 10, 11, 16, 18 1 the above-entitled proceeding, request­ ing an extension of time in which to file [P. R. Doc. 54-678; Piled, Jan. 29, 1954; [Docket No. 10798] 8:52 a. m.] a reply to the original comments directed E q u ip m e n t A cceptable for L ic e n s in g ; to the Commission’s notice of proposed W ith d ra w al of Ce r t ific a te of T y p e rule making in this docket; INTERSTATE COMMERCE A pproval It appearing, that good and sufficient reasons have been advanced by the State COMMISSION ORDER EXTENDING TIME FOR FILING COMMENTS of California in its petition for an exten­ [ 49 CFR Part 110 1 sion of time in which to file a reply to the In the matter of amendment of Part 2 D estru ctio n of R ecords original comments in this proceeding, of the Commission’s rules to establish a and that the public interest would be NOTICE OF PROPOSED RULE MAKING program for the certification of equip­ served by an extension until February ment acceptable for licensing; amend­ Ja n u a r y 14, 1954. ment of Parts 10,11, and 16 of the Com­ 15, 1954; and Having under consideration the mat­ mission’s rules to-require type acceptance I t is ordered, That the time for filing ter of “Regulations to Govern the De­ of equipment; amendment of § 18.16 of replies to the original comments in the struction of Records of Steam Railroads, the Commission’s rules to clarify the above-entitled proceeding is hereby ex­ Issue of 1945,” as amended, the Commis­ procedure for withdrawal of type ap­ tended from January 25,1954, to Febru­ sion by Division 1 has approved changes proval. ary 15, 1954. in the description of records to be re­ tained, and prescribed periods of reten­ The Commission having under consid­ Adopted: January 21, 1954. eration the petition dated January 21, tion, to bring the regulations governing Released: January 26, 1954. purchases and stores records into line 1954, filed by the Radio-Electronics-Tele­ with those prescribed for similar records vision Manufacturers Association in the F ederal C ommunications in other departments, and to eliminate above-entitled proceeding, requesting an C o m m is s io n , the requirement that certain records be extension of time in which to file com­ [ seal] W m. P. M assing, retained for undue periods of time. ments directed to the Commission’s Acting Secretary. The following modifications have been notice of proposed rule making in this [F. R. Doc. 54r-652; Filed, Jan. 29, 1954; approved; docket: 8:47 a. m.] Saturday, January 30, 1954 FEDERAL REGISTER 543

NOTICES

d e p a r t m e n t OF AGRICULTURE FEDERAL POWER COMMISSION Issued its order adopted January 20, 1954, amending order issued May 1, 1953 Agricultural Marketing Service [Docket No. E-6536] (18 F. R. 2674) issuing a certificate of E nerg y A ccumulation and E xchange public convenience and necessity in the Canned Cranberry S auce C orp. above-entitled matter. notice of purchase program, u m p i 8ia NOTICE OF DECLARATION OF INTENTION [ seal] L eon M. F u q u ay, In order to encourage the consumption Secretary. Ja n u a r y 26,1954. of cranberries by diverting them from the [F. R. Doc. 54-640; Filed, Jan. 29. 1954; normal channels of trade and commerce Public notice is hereby given that 8:45 a. m.] in accordance with section 32, Public Law Energy Accumulation and Exchange 320, 74th Congress, approved August 24, Corporation, of New York, New York, 1935, as amended, canned cranberry has hied a declaration of intention pur­ sauce will be purchased during the period suant to section 23 (b) of the Federal [Docket No. Q-2356] January 25, 1954, to and including Feb­ Power Act (16 U. S. C. 817) to construct E l P aso N atural G as C o. ruary 27, 1954, in instances where sur­ a hydroelectric development (Docket No. pluses have created serious marketing E-6536), to be known as the Accumex NOTICE OF APPLICATION FOR CERTIFICATE OF problems, and subject to limitations im­ Project, on the shore of Lake Erie near PUBLIC CONVENIENCE AND NECESSITY posed by the capacity of available outlets the village of Brocton in Chautauqua Ja n u a r y 26, 1954. to utilize supplies without waste and by County, New York, consisting of an the amount of funds available for such initial installation of 5 “specially” de­ Take notice that El Paso Natural Gas purchases. Information as to this pur­ signed pump-turbines serving as motors Company (Applicant), a Delaware cor­ chase program may be obtained from the and generators having combined ca­ poration having its principal place of Fruit and Vegetable Division, Agricul­ pacity of 400,000 kw and an ultimate in­ business in El Paso, Texas, filed, on tural Marketing Service, Department of stallation of 24 units having a total January 18, 1954, an application for a Agriculture, Washington 25, D. C. installed capacity of 1,920,000 kw op­ certificate of public convenience and erating under a head of 800 feet with an necessity, pursuant to section 7 of the (Sec. 32, 49 Stat. 774, as amended, 7 U. S. C. Natural Gas Act, authorizing the con­ and Sup. 612c) hydraulic capacity of 1500 cfs per unit connected by means of 10-foot or possi­ struction and operation of facilities, Done at Washington, D. C., this 27th bly 12-foot diameter penstocks about 4 subject to the jurisdiction of the Com­ day of January 1954. miles long to a reservoir formed by two mission, and described as follows: natural slopes and two artificial dams (1) Approximately 32.5 miles of 10%- [ seal] S. R . S m it h , inch OD transmission pipeline, extending Director, Fruit and Vegetable closing a valley called either Bear Lake Valley or Stockton Valley, the reservoir from the downstream side of Barnhart's Division Agricultural Mar­ gasoline plant in Reagan County, Texas, keting Service. having an area of some 7,000 acres and a maximum total and usable storage ca­ to a point of connection on Applicant’s [F. R. Doc. 54-658; Filed, Jan. 29, 1954; pacity of 500,000 acre feet at Elevation 20-inch Upton County line, in Section 47 8:49 a. m.] 1390 within a draw-down level of 70 to Block Y of G. C. & S. F. Railroad Com­ 75 feet. The South Dam would be of a pany Survey, Upton County, Texas. gravity type rock-fill and earth design (2) A metering station to be known as CIVIL AERONAUTICS BOARD about 100 feet high and about 7,200 feet Barnhart Purchase Meter Station for metering of gas purchased from Barn­ [Docket No. 6498] long. The North Dam located near the escarpment on the Lake Erie side would hart gasoline plant referred to in ( 1) Empire H ousehold C o m p a n y of N e w be about 60 to 90 feet high and 6,000 feet above. Y ork, I nc. and Em pir e F oreign A ir long and would comprise the valve The application recites the described F orwarders, I nc . gallery and auxiliaries. Aggregate and facilities are necessary for the purpose of earth for construction needs are near the purchasing and acquiring 20,000 Mcf of NOTICE OF HEARING ' site. Plans for construction of trans­ natural gas daily from Barnhart Hydro­ carbon Corporation in Reagan County, In the matter of the application of mission lines will be determined later. Angelo F. Carbone, Alan D. Gould, Mary The Commission will investigate the Texas. The estimated cost of the pro­ posed facilities is $798,603. A. Carbone, Lola R. Gould, Empire' proposed construction and determine Protests or petitions to intervene may Household Company of New York, Inc., whether a license under the Federal be filed with the Federal Power Com­ and Empire Foreign Air Forwarders, Inc., Power Act is required or whether the mission, Washington, D. C., in accord­ for an approval pursuant to or an ex­ project may be constructed merely upon ance with the Commission’s rules of emption from Section 408 of the Civil compliance with State law. practice and procedure (18 CFR 1.8 or Aeronautics Act of 1938, as amended, and Any communication from persons in­ 1.10) on or before the 15th day of Febru­ an approval of Certain Interlocking Re­ terested in this matter may be submitted ary 1954. The application is on file with lationships pursuant to Section 409 of within 30 days from publication of this the Commission for public inspection. the Civil Aeronautics Act of 1938, as notice to the Federal Power Commission, amended. Washington 25, D. C. [ seal] L eon M. F u q u a y , Notice is hereby given pursuant to sec­ [ seal] L eon M . F u q u a y , Secretary. tion 402 of the Civil Aeronautics Act of Secretary. [F. R. Doc. 54-641; Filed, Jan. 29, 1954; *938- as amended, that a hearing in the 8:45 a. m.j above-entitled proceeding is assigned to [F. R. Doc. 54-639; Filed, Jan. 29, 1954; be held on February 4,1954 at 9:00 a. m., 8:45 a. nr.] -?• s. t., in Room 1205, Temporary Build- FEDERAL COMMUNICATIONS No. 4, Seventeenth Street and Con­ COMMISSION stitution Avenue NW., Washington, D. C., [Docket No. G-1952] before Examiner Curtis C. Henderson. [Docket Nos. 10512, 10513, 10514] U n ited F u el G as C o. Washington, D. C., January S c r ipps -H oward R adio, I n c ., et al. * 1954. NOTICE OF ORDER AMENDING ORDER ISSUING CERTIFICATE OF PUBLIC CONVENIENCE AND ORDER CONTINUING HEARING [ seal] F rancis W . B r o w n , NECESSITY Chief Examiner. In re applications of Scripps-Howard J a n u a r y 26, 1954. Radio, Inc., Knoxville, Tennessee, Docket [F. R. Doc. 54-664; Filed, Jan. 29, 1954; Notice is hereby given that on January No. 10512, File No. BPCT-630; Radio 8:50 a. m.] 21, 1954, the Federal Power Commission Station WBIR, Inc., Knoxville, Ternies- No. 21----- 3 544 NOTICES see. Docket No. 10513, File No. BPCT- January 29, 1954, in the Commission’s Pees of company’s counsel; 686; Tennessee Television, Inc., Knox­ offices in Washington, D. C. Green, Green and Cheney_____ $4, 250.00 ville, Tennessee, Docket No. 10514, File Reid & Priest------s! 500! 00 Released: January 26, 1954. Auditors’ fees______2, 500! 00 No. BPCT-1002; for television construc­ Printing, including Form S-l, pro­ tion permits (channel 10) . F ederal C ommunications spectus, etc------£1 16,000.00 The further hearing tentatively sched­ C o m m is s io n , Printing and engraving securities! 600.00 uled for February 1, 1954, at 2:00 p. m. [ seal] W m. P. M assing, Miscellaneous expense______7,433! 53 (Transcript 3306) is now scheduled for Acting Secretary. Thursday, February 4, 1954, at 10:00 [F. R. Doc. 54-649; Piled, Jan. 29, 1954; Total expenses______48,000.00 a. m., in the offices of the Commission, 8:47 a. m.] It further appearing that the proposed Washington, D. C. fee of Winthrop, Stimson, Putnam & Dated: January 25,1954. Roberts, counsel for the underwriters, SECURITIES AND EXCHANGE which is to be paid by the successfui F ederal C ommunications COMMISSION bidders, is $4,500.00; C o m m is s io n , Due notice having been given of the [Pile No. 70-3175] - [ seal] W m . P. M assing, filing of the declaration and a hearing Acting Secretary. M is s is s ip p i P ower & L ig h t Co. not having been requested of, or ordered by, the Commission, and the Commission [P. R. Doc. 54-650; Piled, Jan. 29, 1954; ORDER REGARDING SALE OF PREFERRED STOCK 8:47 a. m.] finding that the applicable provisions of AT COMPETITIVE BIDDING- the act and the rules promulgated there­ Jan u a ry 26, 1954. under are satisfied, that no adverse find­ A declaration having been filed with ings are necessary, and that the fees and [Docket Nos. 10559, 10560] this Commission by Mississippi Power & expenses, as estimated, are not unreas­ Light Company (“Mississippi” ) , a public onable, and deeming it appropriate in G u l f C oast B roadcasting Co. and B ap­ utility subsidiary of Middle South Utili­ the public interest and the interest of t is t G eneral C o n v e n t io n of T exas ties, Inc., a registered holding company, investors and consumers that said dec­ laration, as amended, be permitted to ORDER CONTINUING HEARING pursuant to sections 6 (a) and 7 of the Public Utility Holding Company Act of become effective, forthwith, subject to In re applications of Gulf Coast 1935 (“act” ), and Rule U-50, promul­ the terms and conditions prescribed in Broadcasting Company, Corpus Christi, gated thereunder, with respect to trans­ Rules U-24 and U-50. Texas, Docket No. 10559, File No. BPCT- actions, which are summarized as fol­ I t is ordered, Pursuant to Rule U-23 723; Baptist General Convention of lows: and the applicable provisions of the act, Texas, Corpus Christi, Texas, Docket No. The declarant proposes to issue and that said declaration, as amended, be, 10560, File No. BPCT-906; for construc­ sell to the public 60,000 shares of a new and the same hereby is, permitted to be­ tion permits for new television broadcast class of Preferred Stock ($100 par value), come effective forthwith, subject to the stations. to provide funds for its 1954 construction terms and conditions prescribed in Rules Having under consideration an oral program and other corporate purposes. U-24 and U-50. motion for continuance of the further Mississippi contemplates expenditures By the Commission. hearing now scheduled for January 28, of approximately $7,000,000 in the year 1954; 1954 in connection with its program for [S E AL] ORVAL L. DUBOIS, - Secretary. It appearing that due to unusual cir­ the construction of new facilities and the cumstances the applicants have been extension and improvement of its pres­ [F. R. Doc. 54-645; Piled, Jan. 29, 1954; unable to assemble the data necessary ent facilities to provide electric service 8:46 a. m.] for hearing upon the issue which was to its customers. The company desires added by order of the Examiner on De­ to obtain a portion of the funds with cember 24, 1953; and which to carry forward such program [Pile No. 70-3180] It further appearing that all parties and funds for other corporate purposes have joined in the request for a continu­ through the issuance and sale of pre- C ambridge E lectric L ight Co. ance; - fererd stock -and believes that it is de­ NOTICE OF PROPOSED BANK LOAN It is ordered, This 25th day of January sirable to obtain said funds by such January 25, 1954. 1954, that the hearing is continued from means. The company’s charter now au­ January 28, 1954, to February 9,1954, at thorizes 100,000 shares of $6 Preferred Notice is hereby given that Cambridge 10:00 a. m. Stock, of which 44,476 shares are issued Electric Light Company (“Applicant”), and outstanding. Mississippi intends to an electric utility subsidiary of New Eng­ F ederal C ommunications amend its charter by appropriate cor­ land Gas and Electric Association, a reg­ Co m m is s io n , porate action, to authorize 60,000 shares istered holding company, has filed an [ seal] W m . P. M assing, of a new class of preferred stock and application pursuant to the Public Acting Secretary. establish its characteristics, and to au­ Utility Holding Company Act of 1935 [P. R. Doc. 54-651; Filed, Jan. 29, 1954; thorize the issuance and sale of said (“act” ), designating section 6 (b) of the 8:47 a. m.] 60,000 shares to the public. act as applicable to the proposed trans­ The dividend rate, to be a multiple of action, which is summarized as follows: %5 of 1 percent and the pricé of the New Applicant proposes to borrow, from Preferred Stock to be paid the company, time to time on notes payable to The [Docket Nos. 10800, 10801] to be not less than $100 nor more than First National Bank of Boston, funds not $102.75 per share plus accrued dividends, exceeding in the aggregate $2,750,000, B e ac h v iew B roadcasting C orp. and will be fixed by proposals to be invited the notes to mature more than one year P o rtsm ou th R adio Co rp. by the company pursuant to the require­ after date thereof but not later than order scheduling h earing ments of the Commission’s Rule U-50 June 30, 1955, and to bear interest at the and the company will reserve the right prime Boston rate for commercial paper In re applications of Beachview to reject any or all proposals at or after plus lA of 1 percent, with a maximum of Broadcasting Corporation, Norfolk, Vir­ the opening thereof. Declarant has re­ 3 V2. percent and a minimum of 3 percent, ginia; Docket No. 10800, File No. BPCT- quested that the Commission’s order the interest rate to be adjusted every 1605; Portsmouth Radio Corporation, herein be issued on January 26, 1954. ninety days in the event of a change in Portsmouth, Virginia; Docket No. 10801, Fees and expenses to be paid by the the prime rate. File No. BPCT-1750; for construction company, other than underwriters’ com­ The purpose of said borrowing is to permits for new television stations. missions, are estimated as follows: repay notes payable, aggregating $500,- It is hereby ordered, This 25th day of 000, to The First National Bank of Federal stamp tax______$6, 600. 00 January 1954, that the hearing confer­ Piling fee Securities and Exchange Boston, due December 31, 1954, bearing ence pursuant to § 1.841 in the above- Commission______;__ 616. 50 interest at the rate of 3Vt percent per entitled matter, heretofore postponed Pees of transfer agent and regis­ annum, incurred for the purpose of tem­ indefinitely, be resumed at 1 p. m., e. s. t., trar ______f.______1, 500. 00 porarily financing additions to Apph- Saturday, January 30, 1954 FEDERAL REGISTER 545

cant’s property, plant and equipment. [File No. 70-3182] chusetts and represents that the sale of The balance of the borrowing, $2,250,000. S uburban Electric C o . its bonds is subject to the approval of will be used to partially reimburse the the Department of Public Utilities of that Plant Replacement Fund for expendi­ NOTICE OF FILING REGARDING SALE OF PR IN ­ State. tures made therefrom to finance exten­ CIPAL AMOUNT OF FIRST MORTGAGE BONDS The expenses to be incurred in con­ sions, additions and improvements to AT COMPETITIVE BIDDING nection with the issue and sale of the property, plant and equipment. Ja n u a r y 26,1954. bonds are estimated by Suburban to amount to $56,000, including $20,000 for Applicant’s expenses are estimated at Notice is hereby given that Suburban services, at cost, of New England Power $800, including $150 for legal services. Electric Company (“Suburban” ) , a pub­ Service Company, an affiliated service The proposed borrowing has been ap­ lic-utility subsidiary - of New England proved and authorized by order issued Electric System (“NEES” ), a registered company, and $5,000 for accounting on January 11, 1954, by the Department holding company, has filed an applica­ services. of Public Utilities of Massachusetts, in tion pursuant to the Public Utility Hold­ Suburban requests that the Commis­ which State the Applicant is organized ing Company Act of 1935 (“act”). sion’s order become effective upon is­ and doing business. Applicant has designated Section 6 (b) suance. It is requested that the Commission’s of the act and Rules U-42 (b) (2) and Notice is further given that any in­ order be made effective upon issuance. U-50 thereunder as applicable to the terested person may, not later than Notice is further given that any in­ proposed transactions which are sum­ February 15, 1954, at 5:30 p. m.» e. s. t., terested person may, not later than marized as follows: request the Commission in writing that February 12, 1954, at 5:30 p. m., e. s. t., Suburban proposes to issue and sell, request in writing that a hearing be held a hearing be held on such matter, stating pursuant to the competitive bidding re­ the nature of his interest, the reason or on such matter, stating-the nature of his quirements of Rule U-50, $4,000,000 interest, the reasons for such request, principal amount of its First Mortgage reasons for such request and the issues, «nd the issues of fact or law, if any, Bonds, Series A, due 1984. The price of if any, of fact or law proposed to be con­ raised by .said application which he de­ the bonds which shall be not less than troverted, or he may request that he be sires to controvert) or he may request the principal amount nor more than notified if the Commission should order that he be notified if the Commission 102% percent thereof and the interest a hearing thereon. Any such request should order a hearing thereon. Any rate which shall be a multiple of % of should be addressed: Secretary, Securi­ such request should be addressed: Secre­ 1 percent and not in excess of 4% per­ ties and Exchange Commission, 425 tary, Securities and Exchange Commis­ cent will be determined by competitive Second Street NW., Washington 25, D. C. sion, 425 Second Street NW., Washing­ bidding. A t any time after said date, the appli­ ton 25, D. C. At any time after said date The proceeds from the sale of the cation, as filed or as amended, may be said application, as filed or as amended, bonds will be applied to the payment may be granted as provided in Rule U-23 granted as provided in Rule U-23 of the of short-term note indebtedness, and the rules and regulations promulgated under of the rules and regulations promulgated balance, if any, will be used to pay for under the act, or the Commission may capitalizable expenditures or to reim­ the act, or the Commission may exempt exempt such transaction as provided in burse the treasury therefor. Suburban such transactions as provided in Rules Rule U-20 (a) and Rule U-100 thereof. presently has outstanding $3,800,000 U-20 arid U-100 thereof. By the Commission. principal amount of short-term notes of By the Commission. which $1,300,000 principal amount is [SEAL] - ORVAL L. DUBOIS, payable to banks and $2,500,000 principal [SEAL] ORVAL L. DUBOIS, Secretary. amount is payable to NEES. Secretary. [F. R. Doc. 54-644; Filed, Jan. 29, 1954; Suburban is organized and doing busi­ [F. R. Doc. 54-646; Filed» Jan. 29, 1954; 8:46 a. m.l ness, in The Commonwealth of Massa­ 8:46 a. m.]