'934 ,J& VOLUME 15 * ÎM/ITEO ^ NUMBER 212 Washington, Wednesday, November ì, 1950

TITLE 3— THE PRESIDENT [seal] fifty, and of the Independence CONTENTS of the United States of America PROCLAMATION 2910 the one hundred and seventy-fifth. THE PRESIDENT H arry S. T ruman Armistice Day, 1950 Proclamation P0#» By the President: Armistice Day, 1950______7313 BY THE PRESIDENT OP THE UNITED STATES Executive Order OF AMERICA D ean Acheson, Secretary of State. Guam; reserving certain real and A PROCLAMATION [F. R. Doc. 50-9728; Filed, Oct. 30, 1950; personal property for use of WHEREAS, on November 11, 1918, an 5:06 p. m.l _ U. S------7313 armistice was signed in- the Forest of CompiSgne, ending hostilities in World EXECUTIVE AGENCIES War I and giving hope to mankind that Agriculture Department forces of aggression would be perma­ EXECUTIVE ORDER 10178 nently suppressed; and See Production and Marketing WHEREAS a harrowing second world R eserving Certain R eal and P ersonal Administration. P roperty in G uam for the Use of the conflict has created in the hearts and Alien Property, Office of minds of men a firm determination to United S tates Notices : make a lasting peace; and WHEREAS section 28 of the Organic WHEREAS, although the peoples of Act of Guam, approved August 1, 1950 Vesting orders, etc. : ' the world are again saddened bf* strife (Public Law 630, 81st Congress), reads: Deutsche Carborundum and bloodshed, our faith has grown in Werke G. m. b. H______7347 the ultimate fulfillment, through inter­ “(a) The title to all property, real and Garrett, Henrietta E______7346 national effort, of the promise for which personal, owned by the United States Knoop, Baron Andreas R. F_ 7347 our heroes fought and died; and and employed by the naval government Reindl, Karl______7348 WHEREAS the Congress, by a concur­ of Guam in the administration of the Soldau, Rosa and Curt_____ 7348 rent resolution of June 4, 1926 (44 Stat. civil affairs of the inhabitants of Guam, Weicker, Theodore, Sr., et al_ 7347 1982), requested the President to issue including automotive and other equip­ ment, tools and machinery, water and Civil Aeronautics Board a proclamation calling for the observ­ Notices: ance of November 11 as the anniversary sewerage facilities, bus lines and other of the armistice of 1918, and by an act utilities, hospitals, schools, and other Seaboard & Western Airlines, approved May 13,1938 (52 Stat. 351), de­ buildings, shall be transferred to the Inc. and Transocean Air clared that the anniversary should government of Guam within ninety days* Lines, Inc.; U. S.-Europe- thenceforth be. a legal holiday dedicated after the date of enactment of this Act. Middle East cargo service to the cause of world peace, and should “(b) All other property, real and per­ case ; hearing______7338 be known as Armistice Day: sonal, owned by the United States in Proposed rule making: Annual experience reports____ 7337 NOW, THEREFORE, I, HARRY S. Guam, not reserved by the Présidait of TRUMAN, President of the United the United States within ninety days Civil Service Commission States of America, do hereby call upon after the date of enactment of this Act, Rules and regulations: all our people to observe Saturday, No­ is hereby placed under the control of the Competitive service exceptions; vember 11, 1950, as Armistice Day by government of Guam, to be administered entire Executiye civil service- 7315 paying solemn tribute to our fellow for the benefit of the people of Guam, countrymen who fought on foreign soil and the legislature shall have authority, Federal Cpmmunications Com­ for liberty, and by praying for divine subject to such limitations as may be im­ mission help in the achievement of peace on posed upon its acts by this Act or subse­ Notices : earth; and I direct that the flag of the quent Act of the Congress, to legislate Bahamas, Canada, Cuba, Do­ United States be flown- from all Govern­ with respect to such property, real and minican Republic, Haiti and ment buildings on that date in recogni­ personal, in such manner as it may deem Mexico; official list for infor­ tion of past and present efforts and sac­ desirable. mation setting forth assign­ rifice toward the end that international “(c) All property owned by the United ments of standard broadcast hostilities may be ended forever. States in Guam, the title to which is not stations______7340 IN WITNESS WHEREOF, I have here­ transferred to the government of Guam Class B FM broadcast stations; by subsection (a) hereof, or which is not revised tentative allocation unto set my hand and caused the Seal placed under the control of the govern­ of the United States of America to be plan ------7341 ment of Guam by subsection (b) hereof, Hearings, etc.: affixed. is transferred to the administrative su­ DONE at the City of Washington this Champion City Broadcasting - pervision of the head of the department Co. (WJEL)______7343 27th day of October in the year of our or agency designated by the President Chesapeake Broadcasting Co., Lord nineteen hundred and (Continued on next page) In c ______7341 7313 7314 THE PRESIDENT

CONTENTS— Continued ¿Ttm a CONTENTS— Continued Federal Communications Com­ Page Securities and Exchange Com- pase FEDERAL^JREGISTER mission—-Continued mission "V,^AIITEO’ 1934 ^ Notices—Continued Notices: Hearings, etc.—Continued United Gas Corp.; filing of Ventura County Radio Cen­ original cost studies and of ter, Inc. (KSPA)______7344 proposals for disposition of Published daily, except Sundays, Mondays, adjustments relating to gas and days following official Federal holidays, Winter Garden Broadcasting by the Division of the Federal Register, Co. and Community Broad­ distribution plant______7345 National Archives and Records Service, Gen­ casting Co. (KUNO)_____ 7342 eral Services Administration, pursuant to the Young, H. C., Jr., and South­ CODIFICATION GUIDE authority contained in the Federal Register ern Broadcasting Co., Inc__ 7343 Act, approved July 26, 1935 (49 Stat. 500, as Motions Commissioner, desig­ A numerical list of the parts of the Code amended; 44 U. S. C., ch. 8B), under regula­ nation ______7341 of Pederal Regulations affected by documents tions prescribed by the Administrative Com­ Proposed rule making: published in this issue. Proposed rules, as mittee of the Federal Register, approved by opposed to final actions, are identified as the President. Distribution is made only by * Television broadcast service; ___ such. the Superintendent of Documents, Govern­ order granting petition_____ 7338 ment Printing Office, Washington 25, D. C. Federal Power Commission Title 3 pa&e The regulatory material appearing herein Notices: Chapter I (Proclamations): Is keyed to the Code of Federal Regulations,1 2910______7313 which is published, under 50 titles, pursuant Hearings, etc.: to section 11 of the Federal Register Act, as California Electric Power Co_ 7338 Chapter II (Executive orders): amended June 19, 1937. Southern Natural Gas Co.-(2 10178____ 7313 The F ederal R egister will be furnished by X documents)______7338 Title 5 mail to subscribers, free of postage, for $1.50 Transcontinental Gas Pipe Chapter I: per month or $15.00 per year, payable in Line Corp______7338 part 6_____ 7315 advance. The charge for individual copies (minimum 15tf) varies in proportion to the Federal Reserve System Title 7 size of the issue. Remit check or money Rules and regulations: Chapter IX: order, made payable to the Superintendent Consumer credit; interpreta­ Part 911 (proposed)______7317 of Documents, directly to the Government tions______^316 part 916 (proposed)______7327 Printing Office, Washington 25, D. C. There are no restrictions on the republica­ Federal Security Agency Title 12 tion of material appearing In the F ederal See Food and Drug Administra­ Chapter II: R egister. tion. Part 222______7316 Fish and Wildlife Service Title 14 Rules and regulations: Chapter I: Kentucky Woodlands National Now Available Part 24 (proposed)____ , _____ 7337 Wildlife Refuge, Ky.; hunt­ Part 26 (proposed)______.'_ 7337 ing ______7316 Part 27 (proposed)______7337 UNITED STATES Food and Drug Administration Parf51 (proposed)______7337 GOVERNMENT Proposed rule making: Title 21 ORGANIZATION Ice cream, frozen custard, sher­ Chapter I: bet, water ices, etc.; defini­ Part 20 (proposed)______7338 MANUAL tions and standards of identity______i ------7338 Tit,e 24 1950-51 Edition Chapter VIII: Housing Expediter, Office of Part 825__...... 7316 (Revised through July 1) Rules-and regulations; Rent, controlled; housing and Title 47 Published by the Federal Register Division, Chapter I: the National Archives and Records Service, rooms in rooming houses and General Services Administration other establishments in Cali- Part 3 (proposed)______7338 « fomia, Colorado, Illinois, Title 5 0 657 pages— $1.00 a copy Ohio, and Washington------7316 Chapter I: Part 34...... 7316 Order from Superintendent of Documents, Interior Department United States Government Printing Office, See Fish and Wildlife Service. Washington 25, D. C. Interstate Commerce Commis­ under section 3 of this Act, except as the sion President may from time to time other­ Notices: wise prescribe: Provided, That the head CONTENTS— Continued Applications for relief: of such department or agency shall be Coal from Lake Superior authorized to lease or to sell, on Such Federal Communications Com- Pas® docks to Minnesota______7339 terms as he may deem in the public mission— Continued Magazines from Chicago, 111., interest, any property, real and personal, Notices—Continued to Kansas City, Mo.-Kans_ 7339 of the United States under his adminis­ Hearings, etc.—Continued Merchandise from Chicago, trative supervision in Guam not needed Christian County Broadcast­ to the South______7339 for public purposes.” ing Co. and Moyer Broad- Petroleum from Chan, Okla., WHEREAS certain heneinafter-de- casting Co______7345 to interstate points______7339 scribed real and personal property of the Hecksher, Robert, and Sara­ Woodpulp from Natchez, United States in Guam is required for the sota Broadcasting Co. Miss., to Old Hickory, respective uses of the Department of the (WKXY)______7343 Term______7340 Army, the Department of the Navy, the Idaho Radio Corp. (KID)___ 7342 Justice Department Department of the Air Force, and the Key, Earl M. (WKEY)_____ 7344 See Alien Property, Office of. Coast Guard, and it has been mutually Kirpatovsky, Sergei Vladi­ agreed that the Department of the Navy mir ______7344 Production and Marketing Ad­ Melbourne Broadcasting Corp. ministration shall act on behalf of the Department of (WMMB) ______7343 Proposed rule making: the Army, the Department of the Air Morse, Philip H______7344 Milk handling: Force, and the Coast Guard with respect Southern Radio and Equip­ Southern Illinois______7327 to their requirements. as to such ment Co. (WOBS)_...... 7341 Suburban St. Louis, Mo------7317 property; Wednesday, November 1, 1950 FEDERAL REGÎSTER 7315

WHEREAS certain other hereinafter- (c) The following-described areas: described real property of the United Con­ Mount Lam Lam Light;- Rear Range dem­ States in Guam has been selected by tRe nation Light; Mount Aluton Light; Area Num­ Secretary of the Navy for transfer or pro­ Perime­ ber 35 Culverts; Mount Santa Rosa Light; ceed­ ter area Facility sale pursuant to the act of Noyember 15, ings 36 acres of Camp Witek; Adelup Reser­ 1945, 59 Stat. 584, to persons in replace­ Civil voir; Tripartite Seismograph Station ment of lands acquired for military or No. Site, Land Unit M, Section 2, Land naval purposes in Guam, and such prop­ Square 20; the Power Sub-station lo­ erty should remain available for dispo­ Acres 6-48 5.990 Mt. Santa Rosa-Marbo Water cated on Lot 266, Municipality of Agat sition by the Secretary of the Interior in Lines. adjacent to Erskine Drive, City of Agat. his discretion under section 28 (c) of the 7-48 5.990 Tumon Maui Well Site. (d) Lots 2285-5 and 2306-1 in Barri- 2-49 4,803.000 Naval Ammunition Depot. said Organic Act of Guam; and 3-49 44.651 Primary Transmission Line. gada. WHEREAS certain other hereinafter- 4-49 12.169 Mt. Santa Rosa-Marbo Water Line (e) All personal property relating to Easement. described personal property of the 5-49 6,332.000 Apra Harbor Reservation. or used in connection with any of the United States in Guam should remain 2-50 6.450 Aceorp Tunnel. above-described real property. 3-50 35. 391 Camp Dealy. available for the respective needs of the 4-50 0.637 Tumon Bay Recreation Area 2. The following-described real prop­ Department of the Army, the Depart­ Utility Lines. erty of the United States in Guam is ment of the Navy, the Department of the 5-50 24.914 Agana Springs. 6-50 41.360 Asan Point Tank Farm. hereby reserved to the United States and Air Force, the Coast Guard, and other 7-50 85.032 Asan Point Housing. transferred to the administrative super­ agencies of the United States: 8-50 137.393 Medical Center. vision of the Secretary of the Interior, 9-50 45.630 Agafo Gumas. NOW, THEREFORE, by virtue of the 10-50 4,798.682 Naval Communication Station. and shall be available for disposition by authority vested in me by the said sec­ 11-50 11.726 Nimitz Beach. the Secretary of the Interior in his dis­ 12-50 800.443 Command Center. tion 28 of the Organic Act of Guam, and 13-50 4,901.100 Tarague Natural Wells. cretion under section 28 (e) of the said as President of the United States, it is 14-50 5.945 Agana Diesel Electric Generating Organic Act of Guam: ordered as follows : Plant. All of those lands which have been 15-50 23.708 Mt. Santa Rosa Haul Road, Water 1. The following-described real and Reservoir and Supply Lines, selected by the Secretary of the Navy for personal property of the United States *" VHF Relay Station, Mt. Santa transfer or sale pursuant to the act of Rosa-Marbo Water Line. in Guam is hereby reserved to the 16-50 4, 562.107 Northwest Air Force Base. November 15, 1945, 59 Stat. 584, to per­ United States and placed under the con­ 18-50 60.480 Marbo Base Command Area—Sew- sons in replacement of lands acquired for age Disposal. trol and jurisdiction of the Secretary of 19-50 21.695 Loran Station, Cocos Island. military or naval purposes in Guam, a the Navy: Provided, That the Secretary 20-50 15.322 Av-Gas Tank Farm #12. list and description of such lands being of the Navy shall transfer such portions 21-50 1,820.148 Proposed BoundarjTof NAS Agana, Housing Area #7. on file in the Department of the Navy. of such property to the Department of 22-50 37. 519 C. A. A. Site (Area #90). 3. In addition to the personal prop­ the Army, the Department of the Air 23-50 3.575 Tumon Maui Well (Water Tunnel). erty described in paragraph 1 (e) hereof, 24-50 49.277 Tumon Bav Recreation Area (Road Force, and the Coast Guard as may be and AV-Gas Fuel Line Parcel #1). there is hereby reserved to the United required for their respective purposes: 25-50 0.208 Utility Easement from Rt. #1 to Rt. #6 (Coontz Junction). States all personal property of the (a) All of that real property in Guam . 26-50 65.300 Tumon Bay Recreation Area (Area United». States in Guam, except that situated within the perimeter areas de­ #78). fined in t!& following-designated con­ 27-50 2,497.400 Marbo Base Command. which is transferred to the government 28-50 0.918 Mt.'Tenjo VHF Station Site. of Guam by or pursuant to section 28 demnation proceedings in the Superior 29-50 285.237 Sasa Valiej^Tank Farm (Area #26). Court of Guam, being the same property 30-50 17.793 Sub Transmission System Piti (a) of the Organic Act of Guam, which Steam Plant to Command Center. on the date of this order is in the custody quitclaimed by the Naval Government of 31-50 28.888 Route #1 (Marine Drive) (Portion). Guam to the United States of America 32-50 94.000 Sub Transmission System (34 KV or control of the Department of the Line) Piti Steam Plant to Agana by deed dated July 31,1950, and filed for Diesel Plant and POL System Army, the Department of the Navy, the record with the Land Registrar of Guam Sasa Valley Tank Farm to NAS Department of the Air Force, the Coast on August 4, 1950 (Presentation No. Agana. 33-50 953.000 Harmon Air Force Base. Guard, or any other department or 22063) : 34-50 2,922.000 Radio Barrigada. agency of the United States; and all such 35-50 25.000 A ACS Radio Range (Area #30). 36-50 37.000 Water Line Apra Heights Reser- personal property shall remain in the Con­ voir to Fena Pump Station and custody and control of the department or dem­ Av-Gas Fuel System. nation 37-50 2,185.000 Fena River Reservoir. agency having custody and control pro­ Perime­ ceed­ ter area Facility thereof on the date of this order. ings Civil (b) The road system and utilities sys­ H arry S. T ruman No. tems described in the said deed between T he W hite H ouse, the Naval Government of Guam and the OctoTter 30, 1950. Acres 2-48 4,566.757 North Field. United States of America dated July 31, [F. R. Doc. 50-9732; Filed, Oct. 81, 1950; 6-48 9.372 Mt. Santa Rosa Water Reservoir and Supply Lines. 1950. 11:11 a. m.]

RULES AND REGULATIONS

TITLE 5— ADMINISTRATIVE (i) NC/FD. Positions on the Isthmus tration, and Veterans’ Administration of Panama, except: Accountant, archi­ Representative for the Panama Canal PERSONNEL tect, architectural designer, bookkeeper, Zone with duty station at Balboa, Canal calculating machine operator, chemist, Zone.' Chapter I— Civil Service Commission clerk (paying more than $150 in United (R. S. 1753, sec. 2, 22 Stat. 403; 5 U. S. C. 631, P art 6—E xceptions F rom the States currency per month), dietitian, 633. E. O. 9830, Feb. 24, 1947, 12 F. R. 1259; Competitive Service draftsman, employee counselor, medical 3 CFR, 1947 Supp. E. O. 9973, June 28, 1948, technician, personnel aide, personnel 13 F. R. 3600; 3 CFR, 1948 Supp.) ENTIRE EXECUTIVE CIVIL SERVICE assistant, pharmacist, physician, play­ United States Civil S erv­ Effective upon publication in the F ed­ ground director, statistician, stenogra­ pher, storekeeper, surgeon, trained nurse, ice Commission, eral R eöister, paragraph (i) of § 6.101 [seal] L. A. M oyer, is amended to read as follows : typist, harbor personnel of the Quarter­ master Corps, Department of the Army, Executive Director. § 6.101 Entire Executive Civil Service air traffic controller and air traffic com­ [F< R. Doc. 50-9644; Filed, Oct. 81, 1950*, * * * municator, Civil Aeronautics Adminis­ 8:47 a. m.] 7316 RULES AND REGULATIONS

TITLE 12— BANKS AND bra, Bell, Beverly Hills, Burbank, Claremont, 7. Schedule A, Item 92, is amended to Compton, Covina, Culver City, El Monte, El describe the counties in the Defense- BANKING Segundo, Gardena, Glendale, Hermosa Beach, Rental Area as follows: Huntington Park, Inglewood, La Verne, Long Chapter II— Federal Reserve System Beach, Lynwood, M anhattan Beach, May- Boone County, except the Village of Capron wood, Monrovia, Montebello, Monterey Park, and all unincorporated localities; and Win­ Subchapter A— Board of Governors of the Pasadena, Pomona, Redondo Beach, San Fer­ nebago County, except the Cities of Loves Federal Reserve System nando, Santa Monica, Sierre Madre, Signal Park, Rockford and South Beloit, the Village [Reg. W] Hill, South Gate, South,Pasadena and Whit­ of Pecatonica, and all unincorporated locali­ tier, and (3) all unincorporated localities. ties. P art 222—Consumer Credit DeKalb County, except all unincorporated This decontrols all of Orange County, localities. INTERPRETATIONS California, which was under rent control This decontrols the City of South Be­ § 222.113 Loans for business purposes. immediately prior to this amendment, a portion of the Los Angeles, California, loit in Winnebago County, Illinois, a A loan to a doctor or dentist to purchase portion of the Rockford, Illinois, medical or dental equipment is a “loan Defense-Rental Area, based on the Housing Expediter’s own initiative in Defense-Rental Area. for business purposes to a business en­ 8. Schedule A, Item 240, is amended to terprise” within the meaning of § 222.7 accordance with section 204 (c) of the Housing, and Rent Act of 1947, as describe the counties in the Defense- (b) if the doctor or dentist is engaged in Rental Area as follows: performing services for various patients amended. for individual fees. However, a doctor 3. Schedule A, Item 33, is amended Lu'cas County, except the Village of Ottawa or dentist performing services only on a to describe the counties in the Defense- Hills; and Wood County, except the Village Rental Area as follows: of Grand Rapids and the Townships of regular salary basis cannot be considered Bloom, Henry, Jackson, Liberty, Milton, a “business enterprise” under § 222.7 (b). Merced County; and Stanislaus County, Montgomery, Perry and Portage. except the Cities of Modesto, Oakdale, and § 222.114 Home improvement “matep Turlock. This decontrols the Village of Grand rials and articles”. In response to an Rapids in Wood County, Ohio, a portion inquiry from a Federal Reserve Bank the This decontrols the City of Oakdale in of the Toledo, Ohio, Defense-Rental Board has ruled that draperies or cur­ Stanislaus County, California, a portion Area. tains are not listed articles under Group of the Modesto-Merced, California, De­ 9. Schedule A, Item 348, is amended to D of § 222.9. fense-Rental Area. describe the counties in the Defense- (Sec. 5, 40 Stat. 415, as amended, Title VI, 4. Schedule A, Item 34, is amended to Rental Area as follows: describe the counties in the Defense- Pub. Law 774, 81st Cong.; 50 U. S. C. App. 5. Snohomish County, except the Cities of E. O. 8843, Aug. 9, 1941, 6 F. R. 4035", 3 CFR, Rental Area as follows: Edmonds, and Snohomish and the Towns of 1941 Supp.) Contra Costa County, except the Cities of East Stanwood, Marysville, Stanwood and B oard op G overnors of the Brentwood and Walnut Creek; and Solano Sultan. County. Island County. F ederal R eserve System, [seal] S. R. Carpenter, This decontrols'(1) the City of Napa This decontrols the City of Edmonds Secretary, in Napa County, California, a portion of in Snohomish County, Washington, a the Richmond-Vellejo, California, De­ portion of the Everett, Washington, [F. R. Doc. 50-9623; Filed, Oct. 31, 1950; 8:45 a. m.] fense-Rental Area, based on a resolution Defense-Rental Area. submitted in accordance with section All decontrols effected by this amend­ 204 (j) (3) of the Housing and Rent ment, except Items 2 and 4 thereof, are TITLE 24— HOUSING AND Act of 1947, qs amended, and (2) the based on resolutions submitted in ac­ remainder of said Napa County in the cordance with section 204 (j) (3) of the HOUSING CREDIT same Defense-Rental Area, based on the Housing and Rent Act of 1947, as Chapter VIII— Office of Housing Housing Expediter’s own initiative in amended. accordance with section 204 (c) of said Expediter (Sec. 204, 61 Stat. 197, as amended; 50 act. U. S. C. App. Sup. 1894) [Controlled Housing Rent Reg., Amdt. 296] 5. Schedule A, Item 38, is amended to This amendment shall be effective [Controlled Rooms In Rooming Houses and describe the counties in the Defense- Other Establishments Rent Reg., Amdt. Rental Area as follows: October 28, 1950. 293] San Francisco County; San Mateo County, Issued this 27th day of October 1950. except the Cities of Menlo Park and San E d Dupree, P art 825—R ent R egulations U nder the Bruno and the Town of Atherton; Marin H ousing and R ent Act of 1947, as County, except the Cities of Belvedere and Acting Housing Expediter. Amended «■ Sausalito and the Judicial Townships of [F. R. Doc. 50-9632; Filed, Oct. 31, 1950; CALIFORNIA, COLORADO, ILLINOIS, OHIO, Bolinas, Nicasio, Point Reyes, San Antonio, 8:46 a. m.] and Tomales; and Sonoma County, except WASHINGTON (i) the City of Healdsburg, (ii) the Judicial Amendment 296 to the Controlled Townships of Redwood and Sonoma (includ­ TITLE 50— WILDLIFE Housing Rent Regulation (§§ 825.1 to ing the City of Sonoma) and (iii) that por­ 825.12 ) and Amendment 293 to the Rent tion of Analy Judicial Township lying west of Chapter I— Fish and Wildlife Service, the Monte Rio-Valley Ford Highway and lying Regulation for Controlled Rooms in between Redwood Judicial Township on the Department of the Interior v Rooming Houses and Other Establish­ north and the northern line of Marin County Subchapfer C— Management of Wildlife ments (§§ 825.81 to 825.92), Said rent on the south and; (iv) the City of Santa Rosa. regulations are amended in the follow­ Conservation Areas ing respects. This decontrols the Cities of Sausalito P art 34—S outheastern R egion 1. Schedule A, Item 26a, is amended in Marin County and Healdsburg in Sonoma County, both in California, por­ KENTUCKY WOODLANDS NATIONAL WILDLIFE to describe the counties in the Defense- REFUGE, K Y .; HUNTING Rental Area as follows: tions of the San Francisco Bay, Cali­ Alameda County, except the City of Hay­ fornia, Defense-Rental Area. Basis and purpose. On the basis of ward. 6. Schedule A, Item 43, is amended to observations and reports by field repre­ describe the counties in the Defense- sentatives of the Fish and Wildlife Serv­ This decontrols the City of Hayward Rental Area as "follows: ice and of the Kentucky Division of Fish in Alameda County, California, a por­ and Game, it has been determined that tion of the Alameda County, California, Arapahoe County, except the City of Engle­ wood and the Town of Littleton; and Adams, there is an excess population of raccoons Defense-Rental Area. Denver and Jefferson Counties. and opossums on the Kentucky Wood­ 2. Schedule A, Item 30, is amended to lands National Wildlife Refuge, the re­ describe the counties in the Defense- This decontrols the City of Englewood moval of which, in keeping with the Rental Area as follows: in Arapahoe County, Colorado, a portion wildlife management objectives for the Los Angeles County, except (1) Catalina of the Denver, Colorado, Defense-Rental Refuge, can best be accomplished by Township, (2) the Cities of Arcadia, Alham- Area. opening the Refuge to public hunting. Wednesday, November 1, 1950 FEDERAL REGISTER 7317 Investigations have also indicated the Road, and until further notice, fallow ber of dogs that will be used, the area in desirability of reducing the population deer of either sex, red and gray foxes, which the hunting may be conducted, of fallow deer (an introduced species) on bobcats, woodchucks, squirrels, opos­ and the period during which such dogs this Refuge. Bow and arrow hunting, sums, skunks, crows, and carp may be will be allowed on the Refuge. Dogs an increasingly popular sport, should taken by means of bow and arrow within used for raccoon and opossum hunting provide the means for removing the the fallow deer range on the Kentucky on the Refuge shall be at all times under necessary animals with minimum dis­ Woodlands National Wildlife Refuge, as the general control of their owner or turbance and furnish a type of recrea­ determined annually by the officer in handler and shall not be permitted to tion suited to this Refuge. charge of the Refuge and designated by run at large on the public hunting Inasmuch as the following regulations posting. All such hunting shall be in ground or elsewhere on the Refuge. are relaxations of the existing prohibi­ accordance with the State laws and reg­ Each person engaged in bow and ar­ tion against hunting on the Refuge, pub­ ulations, at such times, and under such row hunting on the Refuge may be per­ lication prior to the effective date thereof special regulations and conditions as mitted to take one hunting dog on the is not required. (60 Stat. 237, 5 U. S. C. may be prescribed by the officer in Refuge for the purpose of trailing 1001 et seq.) charge of the Refuge, copies of which wounded deer; Provided, That such dogs Effective immediately upon publica­ shall be posted on the Refuge and avail­ shall at all times be on leash and not tion in the F ederal R egister, the follow­ able at Refuge headquarters. All 'hunt- permitted to range at will on the Refuge. ing sections are added: - ing shall also be in accordance with the (Sec. 6, 45 Stat. 1223, as amended; 16 U. S. C. § 34.60 Hunting permitted. Until provisions of §§ 34.58, 34.59, and 34.61. 715e) further notice, raccoons and opossums § 34.61 Dogs. Each person hunting Dated: October 25, 1950. may be taken on that part of the Ken­ raccoons and opossums on, the Refuge tucky Woodlands National Wildlife Ref­ will be permitted to take his hunting O. H. J ohnson, uge, Kentucky, lying west of the dividing dogs upon such areas: Provided, That Acting Director. Ridge Road north of U. S. Highway No. he shall first have secured a permit from [F. R. Doc. 50-9622; Filed, Oct. 31, 1850; 68 and south of the Moss Creek Ferry the Refuge Manager specifying the num­ 8:45 a. m.]

PROPOSED RULE MAKING

DEPARTMENT OF AGRICULTURE culture, following receipt of a petition hearing, it is hereby found and con­ filed by the Sanitary Milk Producers, St. cluded that; Production and Marketing Louis, Missouri. Additional proposals (A) The handling of milk produced Administration for consideration were submitted by for the Suburban St. Louis, Missouri, Square Deal Milk Producers Association marketing area is in the current of inter­ 17 CFR, Part 911 ] of Illinois, certain handlers in the pro­ state commerce and directly burdens, [Docket No. AO-215] posed Suburban St. Louis marketing obstructs, or affects interstate commerce area, and by the Dairy Branch. The in milk and its products. Handling of Milk In Suburban St. Louis, public hearing was held in East St. Louis, The Suburban St. Louis marketing Mo., M arketing Area Illinois, on February 23 and 24 and Feb­ area lies adjacent to the St. Louis, Mis­ NOTICE OF RECOMMENDED DECISION AND OP­ ruary 27 to March 3, 1950, all dates in­ souri, marketing area, the handling of PORTUNITY TO FILE WRITTEN EXCEPTIONS clusive, pursuant to a notice duly pub­ milk in which is regulated under Order THERETO W ITH RESPECT TO A PROPOSED lished in the F ederal R egister (15 F. R. No. 3. Suburban St. Louis handlers pur­ MARKETING AGREEMENT AND ORDER 327). chase their milk in nearby Illinois coun­ The material issues considered at the ties in competition with St. Louis (Order Pursuant to the provisions of the Ag­ hearing were concerned with the fol­ No. 3) handlers. This competition ef­ ricultural Marketing Agreement Act of lowing: 1937, as amended (7 U. S. C. 601 et seq.), fects interstate commerce in milk since A. Whether the handling of milk in St. Louis handlers also regularly obtain and the applicable rules of practice and the Suburban St. Louis, Missouri, mar­ procedure, as amended, governing the supplies from producers in Illinois as formulation of marketing agreements keting area is in the current of interstate well as in Missouri and Arkansas and and marketing orders (7 CFR Part 900), commerce or directly burdens, obstructs, they dispose of such milk in fluid uses in or affects interstate commerce in milk the City of St. Louis and in surrounding notice is hereby given of the filing with or its products; the Hearing Clerk of this recommended areas both in Missouri and Illinois. In­ decision of the Assistant Administrator, B. Whether marketing conditions jus­ terstate commerce is also manifested in Production and Marketing Administra­ tify the issuance of a marketing agree­ the fact that certain distributors who tion, United States Department of Agri­ ment or order regulating the handling of would be handlers under a suburban or­ culture, with respect to a proposed mar­ milk in the Suburban St. Louis, Missouri, der and who are located in Illinois bottle keting agreement and a proposed order marketing area; and milk which is disposed of to local distrib­ regulating the handling of milk in the C. If issuance of such an agreement or utors in Jefferson County, Missouri. Suburban St. Louis, Missouri, marketing order is justified, what its provisions Other distributors located in Alton, Illi­ area. should be. nois, which would be included in the sub­ Interested parties may file written ex­ The evidence on this last issue involved urban marketing area, bottle milk which ceptions to this recommended decision the following: is sold in grocery stores in the various with the Hearing Clerk, Room 1353, (1) The extent of the marketing area; counties in Missouri. In addition sub­ South Building, United States Depart­ (2) The definition of “producer,” urban handlers located in Illinois sell ment of Agriculture, Washington 25, “handler,” “pool plant,” “other source sweet cream to dealers in St, Louis, Mis­ D. C., not later than the close of business milk,” and other terms; souri, who in turn dispose of such cream on the 20th day after the publication (3) The classification and allocation to local distributors operating in Jeffer­ of this recommended decision in the F ed­ of milk; son County, Missouri, and to other out­ eral R egister. Exceptions should be. (4) The determination and level of lets for ice cream uses. Sweet cream and filed in quadruplicate. class prices; bulk condensed milk derived from the Preliminary statement. A public hear­ (5) Payments to producers; milk purchased in competition with sup­ ing, on the record of which the proposed (6) Administrative provisions neces­ plies for fluid uses in the suburban area marketing agreement and the proposed sary to effectuate the purposes of the are disposed of in interstate commerce order were formulated, was called by the order. through outlets in Tennessee and Florida. Production and Marketing Administra­ Findings and conclusions. Upon the Butter made from locally produced milk, tion, United States Department of Agri­ basis of the evidence adduced at the including surplus milk of local handlers, '"‘7318 PROPOSED RULE MAKING

•Is sold on the national market both will tend to effectuate the declared pol­ circumstances is based upon the receipt within and without the State of Illinois icy of the act. The following findings of milk from dairy farms holding farm and butter and nonfat dry milk solids and conclusions are made with respect inspection permits issued by the local from local manufacturing plants is pur­ to the several provisions of the proposed health authority. Plants handling only chased by the Government under its marketing agreement and order; milk from other sources but which are price support operations. (1) Extent of the marketing area. permitted by the local health authority From the foregoing, it is clear that a The marketing area should be defined to supply Class I milk to the market on substantial volume of the milk in the to include all of the territory lying an emergency basis are not considered a Suburban St. Louis market is moved within the Counties of Jersey, Madison, regular source of supply and are not reg­ physically in interstate commerce in the Monroe, Bond, Clinton (except the ulated under an order. form of milk, cream, and manufactured Townships of East Fork, Meridian, and In the marketing area as herein pro­ dairy products and that the handling of Brookside), and St. Clair (except East posed the health regulations cannot be milk in the market directly burdens, ob­ St. Louis, Centerville, Canteen, and used to define generally the regular structs, and affects interstate commerce Stites Townships and Scott Air Force source of supply for the market and it in milk and its products. Base), and the Townships of Brighton, is necessary to devise other means of (B) Marketing conditions in the Sub­Bunker Hill, Dorchester, Mt. Olive, and designating the type of plant operations urban St. Louis, Missouri, market justify Staunton in Macoupin County, all in the which are to be regulated. It is con­ the issuance of a marketing agreement State of Illinois. cluded that all plants distributing Class and order. Madison and St. Clair Counties repre­ I milk in the area and all other plants Producers on the Suburban St. Louis sent the area of heaviest concentration regularly supplying milk for Class I use market are not being paid for their milk of population and the principal area of in the area should be designated at pool on a use basis and there is no uniform competition between major handlers plants. Accordingly, any plant distrib­ pricing plan being followed by the sev­ serving the area herein proposed. The uting Class I milk in the marketing area eral handlers with the result that pro­ inclusion of Jersey, Bond, and Monroe during the delivery period is designated ducer prices for milk of similar quality Counties and parts of Macoupin and a pool plant. In addition, any plant and use vary substantially as among the Clinton Counties incorporates an area which is used in the receipt of milk and several handlers in the market. of secondary concentration of popula­ from which milk is disposed of during The recent sale of the retail routes of tion which is primarily served by the the delivery period to such a distributing one of the larger distributors in Alton, major handlers operating in Madison plant is designated as a pool plant. Pro­ Illinois, resulted in the cutting off of and St. Clair Counties. The principal vision is made for the pooling of a receiv­ every producer who had been shipping to distributors serving Jersey and the ing plant during the delivery periods of this dairy for a period of years and in the southern tier of townships in Macoupin February through August, even though displacement of the milk of these pro­ County are also major distributors in the such plant does not furnish milk to a ducers, who had been producing under Town of Alton and surrounding territory distributing plant during this period, if a quality program, with milk from a in Madison County. In the same man­ the receiving plant had furnished milk condensery purchased at condensery ner the principal distributors serving to a distributing plant during each of prices. This tended to depress producer Bond and Monroe Counties and the the preceding delivery periods of Sep­ prices and the orderly marketing of pro­ major portion of Clinton County are also tember through January. This is neces­ ducer milk was disrupted. Under the major distributors in Belleville, High­ sary to permit stand-by plants to keep circumstances of this market coopera­ land, Edwardville, and other towns in milk in the country during the flush pro­ tive associations have been unable to Madison and St. Clair Counties. Any duction monthis and continue to share bargain effectively for a fair use value further extension of the area would go .in the pool. For the delivery periods of for the milk of their members. Con­ beyond the area of normal competition February through August 1951, it is pro­ sequently, there is much unrest among among the handlers involved and would vided that a receiving plant shall be producers and much shifting of produc­ bring under the order additional han­ pooled if milk is disposed of from such ers among handlers where this is dlers doing the bulk of their business plant to a distributing plant during each possible. beyond the area boundaries. of the delivery periods from the effective Adequate statistics and market infor­ It was- proposed that the marketing date of any order through January 1951. mation with reference to prices paid for area include the territory within St. This is in keeping with the principles milk, plant receipts, and plant utiliza­ Charles and Jefferson Counties, Mis­ discussed herein. tion of milk are necessary to enable souri, and that part of St. Louis County, The term “producer” should be defined producers to bargain effectively with Missouri, not presently included under as any person, except a producer-han­ handlers in the sale of their milk. No Order No. 3. The record fails to estab­ dler, who produces milk which is received such information is available at this lish the Missouri area as a part of the at a pool plant, or is diverted from a time; however, the issuance of an order area of normal competition of Illinois pool plant to any milk distributing or would provide the medium for develop­ handlers and there was no indication manufacturing plant. The definition of ing the market information necessary for that Missouri handlers, other than Order such term facilitates the designation of efficient marketing of producer milk and No. 3 handlers, compete for sales in the the milk which is to be subject to the would enable producers to participate Illinois area. Accordingly, it is con­ pricing provisions of the order. Since more actively and effectively in improv­ cluded that the Missouri area should not thè order applies to deliveries of whole ing marketing conditions. be included. milk by producers it is not intended that Handlers contend that there is no (2) Definitions. A definition of “pool a person be considered a producer with need for.an order, arguing that the mar­ plant” is necessary to facilitate the desig­ reference to skim milk or butterfat which ket is already adequately supplied with nation of the type of processor or distrib­ he delivers to a pool plant in the form milk, an indication that present prices utor to be subject to regulation. It is of sweet or sour cream. In order to are satisfactory. Producers do not dis­ intended that any plant which is a reg­ eliminate possible conflicts between this pute that there are sufficient milk sup­ ular supplier of Class I milk should be order and Order No. 3 regulating the plies at the present time but contend included as a pool plant. Accordingly, handling of milk in the St. Louis, Mis­ that they should share in the use value a “pool plant” should be designated as a souri, marketing area a person should of the milk. The issuance of a market­ plant, other than that of a producer- not qualify as a producer under both ing order will provide a more realistic handler, which is used in the processing orders on the same milk.. Accordingly, pricing structure which is needed to re­ and packaging of milk disposed of with­ it is provided that a person defined as turn to producers a fair value for their in the delivery period as Class I milk in a producer under the provisions of Order milk and guarantee adequate supplies in the marketing area, or a plant which re­ No. 3 shall not be a producer for the the future. ceives milk which is regularly disposed of same milk under the terms of this order. (C) From the evidence it is concluded to a plant which distributes Class I milk Milk disposed of as fluid milk in the that the proposed marketing agreement in the marketing area. marketing area may be produced under and order which are hereinafter set In many instances local health author­ rigid health inspection or may be un­ forth, and all of the terms and condi­ ities are relied upon to define the regular graded milk which is not regulated by tions thereof, meet the needs of the Sub­ source of supply for the market. The an ordnance of the state or any local urban St. Louis, Missouri, market and designation of a pool plant under these health authority. Since separate pool- Wednesday, November 1, 1950 FEDERAL REGISTER 7319 ing and pricing are proposed for Grade oped at the hearing regarding their use class. Shrinkage experience under A milk and ungraded milk produced and definition. Order No. 3 (which regulates handlers disposed of as fluid milk in the marketing (3) Classification and, allocation of similarly situated) since 1945 indicates area it is necessary that producers be milk. The classification of milk should that in no year has shririkage for St. differentiated in accordance with the be as follows: Class I milk should in­ Louis handlers amounted to as much as health regulation under which such milk clude all skim milk and butterfat 2.5 percent and in one year, 1948, was is produced. Producers are therefore disposed of in fluid form (except for substantially under 2 percent. Handlers defined as either “Grade A” or “Non­ livestock feed) as milk, skim milk, butter­ conceded that a bottling operation grade A.” milk, milk drinks (both plain and should show a smaller shrinkage than The term “handler” should include a flavored), cream (including sour cream-), a manufacturing operation. A max­ producer-handler and any person in his any mixture of cream and milk or skim imum allowable shrinkage of 2 percent capacity as operator of a pool plant. A milk (except bulk ice cream mix, eggnog, on producer milk should be included in definition of “handler” is necessary in and reddi-wip, instant whip, super whip, Class II. Any shrinkage in excess of that order to specify the types of processors and similar products), and all skim milk amount should be classified as Class I. and distributors subject to regulation. and butterfat not specifically accounted No limit is provided for shrinkage of Milk diverted from a pool plant to a for a§ Class II milk. Class II milk other source milk allowed in Class II nonpool plant for the account of the should include all skim milk and butter- since such milk is deducted from the handler is considered to have been re­ fat used to produce any product other lowest use class under the allocation ceived at the pool plant since producers than those specified in Class I milk, dis­ provisions. of such milk would ordinarily be regular posed of for livestock feed, in actual It is not administratively feasible to suppliers of the market and as such plant shrinkage of skim milk and butter­ segregate the actual plant shrinkage on should be assured the market blend price fat received in producer milk (but not in producer milk from shrinkage on other for their milk. “Handler” should also excess of 2 percent of such receipts of source milk in the same plant. Conse­ include any cooperative association of skim milk and butterfat, respectively), quently, in such cases shrinkage of skim producers which diverts producer milk and actual plant shrinkage of skim milk milk and butterfat, respectively, allo­ for the account of such association. It and butterfat, respectively, in other cated to Grade A producer milk, Non­ was proposed that diversion by a cooper­ source milk received. grade A producer milk, or other source ative association be limited to specified The products to be classified as Class milk should be computed pro rata ac­ months of flush production but it was not I are those normally associated with a cording to the proportions of the vol­ shown that such a limitation would be fluid milk business, all being'disposed of umes of skim milk and butterfat, in the best interest of orderly marketing. in fluid form in the marketing area respectively, received from such sources, If this limitation were imposed handlers through the same retail and wholesale to their totals. could be adversely affected and certain channels as bottled fluid milk. Their In establishing the classification of producers discriminated against on physical characteristics, purposes, val­ milk the responsibility should be placed week-ends or holidays or at other times ues, and uses are more nearly similar to upon the handler who first receives milk when unseasonable production during those of fluid milk than to the products from producers to account for all skim the restricted period might upset the to be classified as Class II milk. Fur­ milk and butterfat received at his pool supply-demand balance in the market thermore, these products are normally plant and to prove to the market admin­ because proprietary handlers are not in made from a higher quality of milk than istrator that such skim milk and butter­ a position to accept milk from all pro­ that disposed of in manufactured prod­ fat should be classified as other than ducers under these conditions. The in­ ucts. Under the terms of the Belleville Class I. The handler who first receives clusion in the definition of a cooperative ordinance they are required to be made milk from producers is responsible for association, even though it does not op­ from Grade A milk. reporting the proper utilization of such erate a plant, will promote efficient utili­ The products to be classified in Class milk and making full payment for it. zation of producer milk in the highest II are those which normally are com­ He must therefore maintain records to available use class since such an arrange­ petitively. priced on a national .market. furnish adequate proof of utilization to ment will permit a cooperative associa­ It is necessary that a lower pricing be the market administrator. For the pro­ tion to diyert milk for Class I use which provided for milk so utilized in order to tection of both producers and handlers, might otherwise be used by proprietary assure free movement of excess supplies skim milk or butterfat classified in one handlers in Class II. into manufacturing channels without class should be reclassified if used or re­ “Other source milk” should be defined burdensome competitive disadvantages used by such handler, or by another to include all skim milk and butterfat to affected handlers. handler in another class. from a producer-handler or from a Handlers contended that the fluid Provisions should be included in the source other than producers or other products other than fluid milk, which order covering the classification of skim handlers. Nonfluid milk products re­ are herein proposed to be classified as milk and butterfat which is transferred ceived and disposed of in the same form Class I, are disposed of in smaller volume from a pool plant to another pool plant however should be excepted. Since pro­ and at higher handling costs than fluid or to a nonpool plant. In the case of ducer-handlers normally dispose of their milk and should carry a lower classifi­ transfers between pool plants classifica­ milk during most of the year in Class I, cation and pricing. They also proposed tion should be on the basis of written and since sales of Class I by these han­ a lower pricing for fluid milk and fluid agreement between the affected handlers dlers would not be pooled the pooling of milk products sold outside of the mar­ to the extent of utilization in the agreed surplus milk purchased by handlers from keting area. The pricing hereins pro­ use in the transferee plant. This provi­ producer-handlers would result in a posed recognizes the variation in the sion affords suitable flexibility in the preferential market for producer-han­ butterfat content of milk products and pricing, classification, and accounting dlers as compared with regular produ­ results in a lower pricing for those prod­ for milk transferred. It does not affect cers. Milk purchased from producer- ucts with a lower butterfat content. A producer returns because all of the milk handlers should be treated therefore as lower classification resulting in a lower is accounted for in the pool computation other source milk and it would remain price for fluid milk sold outside the mar­ in any event. In order to assure ade­ unpriced under this proposed order. keting area is not justified. Milk dis­ quate protection of producers in the Nonfluid milk products received and dis­ posed of by suburban handlers outside classification of their milk it should be posed of in the same form are not in­ the marketing area is the same quality provided that in case other source milk cluded as other source milk because they as that disposed of within the area and is received in either or both plants the would not affect the classification of is subject to the same transportation classification of milk in each plant shall producer milk. costs in moving from the farm to the be made in such a manner as will return The terms “act,” “person,” “Secre­ handler’s plant. Out-of-area fluid sales the higher class utilization to producer tary,” “Department,” “cooperative asso­ represent a continuing and regular de­ milk. ciation,” and “delivery period” are mand throughout the year and have no The allocation provisions as herein­ defined in order to facilitate the drafting aspects of an outlet for a seasonal sur­ after proposed give priority to Grade A of other provisions of the order. These plus of producer milk. producer milk over Nongrade A producer terms are common to Federal milk mar­ Handlers proposed a maximum 3 per­ milk. Accordingly, it should be further keting orders and no differences devel­ cent shrinkage allowance in the lowest provided that when Grade A producer 7320 PROPOSED RULE MAKING milk is received at either plant involved for an individual handler, to alleviate a The prices for surplus milk under the in an interhandler transfer the milk so shortage resulting from his own errone­ St. Louis order and under the Suburban disposed of shall be classified at both ous decision. order should, therefore, be the same. plants to return the higher class utiliza­ (4) Class prices. Class I milk prices Producers proposed that the Class II tion to Grade A producer milk. should be determined by using the St. price be the average price paid for milk Transfers to a producer - handler Louis (Order No. 3) Class I price as a at a small group of local condenseries should be classified as Glass I milk. Pro­ base with adjustments to reflect quality and manufacturing plants, including a ducer-handlers ordinarily carry on only differences. Class II milk prices should few of the 23 herein proposed. Handlers fluid operations; hence any milk which be based on the average of prices paid for concurred in this proposal except that they might purchase from a handler milk by 23 specified condenseries and they suggested a price of 25 cents less would normally be for such use and it is manufacturing plants. than the price paid at the local con­ unnecessary to provide for the classifi­ Both producers and handlers proposed denseries, contending that the small cation of such a transfer in a lower class that the Suburban St. Louis Class I price operations of local handlers and trans­ use. be tied to the St. Louis price in recogni-. portation costs to manufacturing plants Transfers to a nonpool plant, except tion of the direct competition between would necessitate a lower price. The in the case of transfers of milk or skim the two markets for milk supplies and prices paid by local condenseries have milk to a plant located 110 miles or more for retail sales. been substantially less than those paid airline distance from the City Hall at St. Illinois Grade A milk, while produced at condenseries located in Wisconsin and Louis, should be classified on the basis under the Illinois Grade A milk law, does Michigan and substantially less than the of written agreement in the same not meet the quality requirements of Class H price established by the St. Louis manner as outlined for interhandler St. Louis or the East Side Health District order. Since manufactured products transfers. This would facilitate the for Grade A milk. In recognition of the compete on the national market and the movement of skim milk and butterfat in lesser demand made on producers it is Department of Agriculture is presently excess of Class I needs and at the same concluded that Grade A milk under this supporting milk prices through pur­ time protect producers in the classifica­ order should be priced 15 cents under the chases of all offers of nonfat dry milk tion of milk by requiring adequate rec­ St. Louis order price. A smaller invest­ solids, butter, cheese, and evaporated ords to prove to the market administra­ ment is necessary to provide facilities to milk at specified prices which should re­ tor that an equivalent amount of skim meet the requirements for the produc- sult in producer prices for ungraded milk and butterfat was actually used in tion of milk qualified for the Suburban manufacturing milk substantially in ex­ the claimed class. market and lesser day-to-day costs are cess of the current local condensery price, Transfers of milk or skim milk to a incurred in the care of cows and equip­ it is concluded that the Class II prices nonpool plant legated 110 miles or more ment and in the production of milk than need not be established on the basis of airline distance from the City Hall in under the St. Louis and East Side Health these local condenseries. The Class H St. Louis should be classified as Class I. District ordinances. These differences price herein proposed is competitive with Ordinarily such transfers for distances in investment and operating costs should the surplus price under the St. Louis of as much as 110 miles cannot econom­ be reflected in lower differentials for order and should move the surplus milk ically be made for manufacturing uses. Class I milk under this order as com­ in the Suburban market while at the The limitation on distance in which such pared to the St. Louis order. same time returning a reasonable price transfers are permitted as other than Nongrade A milk should be priced 40 to producers for milk so utilized. Class I will simplify the job of the mar­ cents under the Grade A price. This The price computed for each class on ket administrator in the classification of pricing results in a Class I price for Non­ the basis of milk containing 3.5 percent milk, save considerable expense which grade A milk which varies seasonally butterfat should be adjusted to reflect would otherwise be necessary to check from 35 cents over the St. Louis basic the weighted average butterfat content utilization in distant plants, and affords formula price during the months of of the several products classified in the reasonable protection for producers in April, May, and June to 80 cents over respective classes. The Class I Grade A the classification of their milk. such price during the months of July differential should be 1.25 times the price The allocation provisions should pro­ through December. These differentials of 92-score butter at Chicago and the vide that other source milk, which is un­ are designed to cover the extra costs of Class I Nongrade A differential should priced, be allocated to the lowest use in producing the quality of milk required be 1.22 times the price of 92-score butter the handler’s plant. This is done to by handlers for bottling purposes and the at Chicago. The Class II differential prevent other source milk from displac­ additional transportation costs involved should be 1.20 times the price of 92-score ing the milk of producers which consti­ in delivering milk to the fluid milk mar­ butter at Chicago. These differentials tutes the regular supply of the market. ket, to promote a more uniform seasonal appear to provide an appropriate divi­ In the allocation of producer milk, production pattern, and to assure an sion of the price between skim milk and Grade A milk should be assigned to the butterfat and should encourage the max­ adequate supply of milk over a period of imum utilization of producer butterfat. highest utilization. A handler cus­ time. tomarily utilizes the highest quality The pricing of Class I milk on the The-price for Class II milk should be basis of the f. o. b. St. Louis price ad­ milk in his plant for fluid purposes and the higher of (1) the average price paid hence the assignment of this milk to the justed by a' location allowance which highest class is consistent with the for milk of 3.5 percent butterfat content varies according to the distance between preferential use given to this milk by at 23 plants which utilize milk for man­ St. Louis and the pool plant was sup­ ufacturing purposes (particularly for ported by both producers and handlers handlers. manufacturing evaporated milk), or (2) Certain handlers proposed that Class and it would serve to maintain a direct a price computed from the prices of 92- relationship between prices under the II utilization in an amount not to ex­ score butter at Chicago and the prices of ceed 5 percent of producer receipts be St. Louis order and under the Suburban nonfat dry milk solids f. o. b. certain St. Louis order. The allowances estab­ allocated to producer milk contending manufacturing plants in the Chicago that handlers should not be penalized lished are the same as are used under for the use of other source milk neces­ area. Order No. 3 sitated by day-to-day fluctuations in The price resulting from this formula Producers proposed that handlers lo­ production and in Class I sales. While will be the same as that provided for cated outside of the area and doing less such a provision is contained in the St. under the order regulating the handling than 10 percent of their Class I business Louis order the need for such a provision of milk in the St. Louis marketing area. within the marketing area and handlers was not established in this record. An The St. Louis market obtains its sup­ with less than 10 percent of their total ample supply of producer milk is avail­ plies of milk from an area which en­ business in Class I should be exempt able in the Suburban St. Louis market. compasses the supply area for the Sub­ from regulation, except that they would Any temporary shortage would be the urban marketing area. The disposition pay into the pool the difference between result of an erroneous decision on the of surplus milk in much of the Illinois the Class I and the Class H prices on the part of handlers as to the quantity of portion of the St. Louis supply area and volume of milk so utilized. However, regular milk which they procure. Pro­ in the supply area for the Suburban there is insufficient evidence in the rec­ ducers should not be required to share market is through the same manufac­ ord to enable consideration of the adop­ the cost of importing other source milk turing facilities and in the same uses. tion of such a provision. Wednesday, November 1, 1950 FEDERAL REGISTER 7321

(5) Payments to producers. The Class I and the Class II prices on other tive funds. In the event at a later date “market-wide” type of pool should be source milk so utilized. Such a provi­ a lesser amount proves to be sufficient established in this order for the purpose sion gives assurance to both producers for proper admiinstration, provision is of distributing among producers returns and handlers that all milk utilized for made to enable the Secretary to reduce from the sale of their milk. Under the fluid purposes is purchased on a use the assessment accordingly. market-wide pooling arrangement all basis at minimum order prices. Other (b) Deductions for marketing services. producers receive the same uniform source milk priced under another mar­ Provision should be made for the dis­ price for their milk irrespective of the keting order is exempt because such milk semination of market information to utilization made of such milk by the would be priced on a use basis com­ producers and for the verification of handler to whom they sell. mensurate with its value as determined weights, sampling, and testing of milk The alternative to the market-wide under the other order. received from producers for whom such pool is the use of individual-handler Provision should be made for the ad­ services are not being rendered by a pools. Under this system producers de­ justment, to reflect the actual test of the qualified cooperative association and a livering to each handler receive a uni­ milk received from a producer and the reasonable charge assessed in payment form price based on each handler’s location of the pool plant where such thereof. This provision is specifically utilization of milk. Because different milk is received, in the applicable uni­ authorized by the act. Accordingly, it handlers utilize different proportions of form price payable to producers. The is concluded that 6 cents per hundred­ their milk as Class I and Class II, the producer butterfat differential and the weight, or such lesser rate as the uniform prices of individual handlers location allowances, both of which apply Secretary may determine, should be de­ would vary one from the other. A co­ to all producer milk received irrespective ducted by handlers from the payment operative association representing the of use, should be the same as presently to producers and turned over to the majority of producers in the market provided under Order No. 3; thus main­ market administrator to finance such expressed its intent to become a handler taining the direct relationship to St. services. This rate was proposed by pro­ when necessary to market the surplus Louis prices established for the individ­ ducer interests who have had experience milk of its members. To do so under an ual class prices. The producer butterfat in this market with check sampling, individual-handler pool would result in differential and the location allowances weighing, and testing programs. In the an unequal sharing of the market among are merely means of prorating returns event any qualified cooperative associa­ producers and would not be conducive to producers and do not affect handler tion of producers is determined to be to orderly marketing. It is therefore costs for milk. performing such services for its mem­ concluded that a market-wide pool is Payment should be made to producers bers, handlers should be required to necessary to distribute the returns from on a monthly basis on the 15th day after pay to the cooperative association such the sale of milk equally among producers the clost^of the delivery period. This is deductions as are authorized by the and to create orderly marketing of pro­ the usual method of settlement currently members of the association. Handlers ducer milk. employed by handlers in the area. All proposed in connection with the market­ Because of the different grades of milk dates covering reports of handlers, com­ ing service provision that in the case of distributed in the marketing area it will putation and announcement of uniform two qualified cooperative associations, be necessary to maintain two separate prices,'and payments to and out of the each having a membership contract with pools—one for Grade A milk and one for producer-settlement funds are set in ap­ a particular producer, the market admin­ Nongrade A milk. propriate relation to the payment date. istrator be required to determine to In the computation of the value of All payments made directly to producers which association such deduction should producer milk, provision should be made or an association of producers, or be paid. Such a proposal is not feasible for the inclusion of the value of milk through the producer-settlement fund, since there is nothing contained in the classified in excess of reported receipts should be adjusted for errors made in marketing agreement act to preclude a from producers, other handlers, and such payment for preceding delivery producer from holding membership in other sources. This provision is found periods. more than one cooperative association, in other milk orders and it is necessary The market administrator in making if he so desires, and it is not intended to cover discrepancies between the re­ payments to any handler from the pro­ that under the marketing agreement arid ported and actual weights and tests of ducer-settlement fund should offset such order herein proposed he should be so milk received from producers. In case payments by the amount of payment due precluded. The order merely provides a handler having excess skim milk or from such handler. Without this that the handler deduct and pay to any butterfat has received both Grade A provision, the market administrator qualified cooperative association what­ and Nongrade A milk during a delivery might be required to make payments to ever deduction is authorized by the mem­ period it should be provided that such a handler who may have obtained money bers of the association. excess shall be ratably apportioned be­ from the producer-settlement fund by (c) Other administrative provisions. tween the two grades of milk. filing fraudulent reports or who owes The other provisions*of the order are of In the event that a handler has re­ money to the producer-settlement fund a general administrative nature which ceived other source milk allocated to but who is financially unable to make are common to all Federal milk orders, Class I and which is not‘priced under full payment of all of his debts. and incidental to the other provisions of another Federal marketing agreement or (6) Certain other provisions should be the order, and are necessary for proper order, an amount should be added to the adopted to enable proper and efficient and efficient order administration. value of the lowest grade of producer administration of the order. They should provide for the selection milk received by such handler computed (a) Administrative assessment. Each of the market administrator, define his as follows: Multiply the quantity of such handler should be required to pay to the powers and duties, prescribe the infor­ other source milk by the difference be­ market administrator, as his pro rata mation to be reported by handlers each tween the applicable prices for Class I share of the cost of administration of month and the length of time that rec­ and Class II milk. As previously indi­ the order, 4 cents per hundredweight, or ords must be retained. A plan for liqui­ cated, all sources of milk regularly used such lesser sum as the Secretary may dation of the order in the event of its for Class I will be included in the pool. from time to time prescribe, on all re­ suspension or termination should also be The pool plant definition affords oppor­ ceipts of producer milk at a pool plant. provided. tunity to any handler to develop- an Both handlers and producers recognize Producer-handlers should be exempt adequate supply of producer milk for his that the market administrator should from the regulatory provisions of the Class I needs. There should be no rea­ have the necessary funds to enable him order except that they should be re­ son for an insufficient supply of producer to administer properly the terms of the quired to file reports as requested by milk under such circumstances. If any order and the act provides that the ad­ the market administrator. Since a pro­ handler elects to use other source milk ministration of the order be financed ducer-handler may change his status in preference to utilizing an available through assessment against handlers. from time to time it is necessary that source of producer milk, local producers In view of the anticipated volume of milk the market administrator have authority should not be penalized. Accordingly, it on which the rate would apply it is con­ to require such reports as will enable is provided that such handler pay into cluded that a maximum rate of 4 cents him to verify his current status as a the pool, for distribution among regular per hundredweight is necessary at this producer-handler and to supplement producers, the difference between the time to guarantee sufficient administra­ other market information. No. 212----- 2 X \ 7322 PROPOSED RULE MAKING A pool plant which is subject to the conclusions contained in the briefs are posed of and at which the only milk re­ regulatory provisions of another milk inconsistent with the findings and con­ ceived is from producers as defined under marketing agreement or order issued clusions contained herein the request to Order No. 3, as amended, regulating the pursuant to the act and which the Secre­ make such findings or to reach such con­ handling of milk in the St. Louis, Mis­ tary determines disposes of a greater clusions is denied on the basis of the souri, marketing area; or volume of its Class I milk in such other facts found and stated in connection (b) Any plant which is used in 'the marketing area than in this marketing with the conclusions in this decision. receipt of milk and from which milk in area should be partially exempt from Recommended marketing agreement bulk is disposed of during any delivery the provisions of this order. It would and order. The following order is period to a plant described in paragraph be impractical to attempt regulation of recommended as the detailed and ap­ (a) of this section': Provided, That this a handler under two separate orders propriate means by which the foregoing definition shall include during the de­ with respect to the same milk. Accord­ conclusions may be carried out. The livery periods of February through ingly, it should be provided that if a proposed marketing agreement is not in­ August any plant which was used in the pool plant disposes of a greater volume cluded because the regulatory provisions receipt of milk arid from which milk in of its Class J. milk in a marketing area thereof would be the same as those con­ bulk was disposed of to a plant described regulated by another Federal marketing tained in the order. under paragraph (a) of this section dur­ ing each of the immediately preceding order than is disposed of in this market­ DEFINITIONS ing area such plant shall be exempt from delivery periods of September through the reporting, pricing, payment, admin­ § 911.1 Act. “Act” means Public Act January: And provided further, That istrative assessment, and marketing No. 10, 73d Congress, as amended, and as this definition shall include during the service provisions of this order except reenacted and amended by the Agricul­ delivery periods of February through that the operator of such plant shall tural Marketing Agreement Act of 1937, August 1951 any plant which was used make such reports with respect to re­ as amended (7 U. S. C. 601 et seq.). in the receipt of milk and from which ceipts and utilization of milk as the mar­ § 911.2 Secretary. “Secretary” milk in bulk was disposed of to a plant ket administrator may require. means the Secretary of Agriculture or described in paragraph (a) of this sec­ The order should provide limitations other officer or employee of the United tion during each of the delivery periods on the period of time handlers shall States authorized to exercise the powers from the effective date of this order retain books and records which are re­ or to perform the duties pursuant to the through the delivery period of January quired to be made available to the mar­ act of the Secretary of Agriculture. 1951. ket administrator, and on the period of § 911.3 Department. “Department” § 911.9 Nonpool plant. “Nonpool time which obligations under the order plant” means any milk processing or shall terminate. The proposal made in means the United States Department of Agriculture or such other Federal agency distributing plant other than a pool this regard is ideritical with the general plant. amendment made to all orders in opera­ authorized to perform the price report­ tion on July 30, 1947, effective February ing functions specified herein. § 911.10 Handler. “Handler” means: 22, 1949, and the Secretary’s decision of § 911.4 Person. “Person” meajis any (a) Any person in his capacity as op­ January 26,1949 (14 F. R. 444), covering individual, partnership, corporation, as­ erator of a pool plant; (b) a producer- the retention of records and limitation sociation, or any other business unit. handler; or (c) any cooperative of claims is equally applicable in this association with respect to the milk of situation and is adopted as a part of ~ § 911.5 Suburban St. Louis marketing any producer which it causes to be di­ this decision. area. “Suburban St. Louis marketing verted from a pool plant to a nonpool General findings, (a) The proposed area,” hereinafter called the “marketing plant for the account of such association. marketing agreement and the order and area,” means all of the territory within Jersey, Madison, Monroe, and Bond § 911.11 Producer. “Producer” means all of the terms and conditions thereof any person, other than a producer-han­ will tend to effectuate the declared Counties; the Townships of Brighton, Bunker Hill, Dorchester, Mt. Olive, and dler, who produces milk which is: policy of the act; (a) Received at a pool plant; or (b) The parity prices of milk as de­ Staunton in Macoupin County; Clinton County, except the Townships of East (b) Diverted from a pool plant to any termined pursuant to section 2 of the act milk .distributing or milk manufacturing are not reasonable in view of the price of Fork, Meridian, and Brookside; and St. Clair County, except the Townships of plant: Provided, That any such milk so feeds, available supplies of feeds', and East St. Louis, Centerville, Canteen, and diverted shall be deemed to have been other economic conditions which affect Stites, and the Scott Air Force Base, all received by the handler for whose ac­ market supply of and demand for milk in the State of Illinois. count it was diverted: And provided fur­ in the marketing area, and the minimum ther, That a person defined as a producer prices specified in the proposed market­ § 911.6 Delivery period. “Delivery under the provisions of Order No. 3, regu­ ing agreement and the order are such period” means a calendar month, or the lating the handling of milk in the St. prices as will reflect the aforesaid factors, portion thereof during which this order Louis, Missouri, marketing area, shall not insure a sufficient quantity of pure and is in effect. be a producer for the same milk under wholesome milk, and be in the public §911.7 Cooperative association. “Co­ the provisions of this order. interest; and operative association” means any (c) The proposed order will regulate § 911.12 Grade A producer. “Grade A cooperative marketing association of producer” means a producer whose milk the handling of milk in the same manner producers which the Secretary déter­ as, and will be applicable only to persons complies with the quality requirements mines to be qualified under the provi­ of the Grade A milk ordinance of the in the respective classes of industrial and sions of the act of Congress of February commercial activity specified in a mar­ applicable political subdivision of the 18, 1922, as amended, known as the State of Illinois or the Grade A milk and keting agreement upon which a hearing “Capper-Volstead Act,” and to have full has been held. Grade A milk products laws of the State authority in the sale of milk of its mem­ of Illinois and is permitted by the Illinois Proposed findings and conclusions. bers and to be engaged in making collec­ Briefs were filed on behalf of Sanitary State Health Department to be sold un­ tive sales or marketing milk or its der a Grade A label as fluid milk in the Milk Producers, Square Deal Milk Pro­ products for its members. ducers of Illinois, Cooperative Milk Pro­ marketing area. ducers of Missouri, and the majority of § 911.8 Pool plant. “Pool plant” § 911.13 Nongrade A producer. “Non­ the handlers who would be regulated. means: grade A producer” means a producer The briefs contained proposed findings (a) Any plant which is used in the other than a Grade A producer. of fact, conclusions, and arguments with processing and packaging of milk all or respect to the proposals discussed at the a portion of which is disposed of from § 911.14 Other source milk. “Other the “hearing. Every point covered in the such plant on wholesale or retail routes source milk” means all skim milk and briefs was carefully considered along (including plant stores or through ven­ butterfat received in any form from a with the evidence in the record in mak­ dors) within the delivery period as Class producer-handler or from a source other ing the findings and reaching the con­ I milk in the marketing area, except the than producers or other handlers except clusions hereinbefore set forth. To the plant of a producer-handler and any any nonfluid milk product received and extent that such suggested findings and plant from which Class I milk is so dis­ disposed of in the same form. Wednesday, November 1, 1950 FEDERAL REGISTER 7323

§ 911.15 Producer-handler. “Pro­ priate the prices determined for each (1) The total pounds of milk received ducer-handler” means any person who delivery period as follows: from each producer or cooperative asso­ processes milk from his own farm pro­ (1) On or before the 5th day after the ciation, with the average butterfat test duction all or a portion of which is dis­ end of such delivery period, the minimum thereof, and posed of within the marketing area as class prices and the butterfat differen­ (2) The net amount of such handler’s Class I milk, and who receives no milk tials for each class computed pursuant payment to each producer or coopera­ from producers. to §§ 911.50 and 911.51; and tive association, together with the price, MARKET ADMINISTRATOR (2) On or before the 12th day after deductions, and charges involved. the end of such delivery period, the uni­ § 911.20 Designation. The agency for § 911.32 Records and facilities. Each form prices computed pursuant to handler shall maintain and make avail­ the administration hereof shéll be a § 911.71 and the butterfat differential able to the market administrator during market administrator, selected by the computed pursuant to § 911.81; Secretary, who shall be entitled to such the usual hours of business, such ac­ (i) ^Publicly announce, unless other­ counts and records of his operations and compensation as may be determined by, wise directed by the Secretary, by post­ such facilities as are necessary for the and shall be subject to removal at the ing in a conspicuous place in his office discretion of, the Secretary. market administrator to verify or to and by such other means as he deems establish the correct data with respect § 911.21 Powers. The market ad­ appropriate, the name of any person to: ministrator shall have the following who, within 15 days after the day upon (a) The receipts and utilization of all powers with respect to this order: which he is required to perform such skim milk and butterfat; (a) To administer its terms and provi­ acts, has not made: (1) Reports pursu­ (b) The weights, samples, and tests sions; ant to §§ 911.30 and 911.31; or (2) pay­ for butterfat and for other content of all (b) To receive, investigate, and report ments pursuant to §§911.80 through milk, skim milk, cream, and milk prod­ to the Secretary complaints of viola­ 911.86; ucts handled; tions; (j) On or before the 12th day after (c) Payments to producers and co­ (c) To make rules and regulations to the end of each delivery period, report operative associations; and effectuate its terms and provisions; and to each cooperative association which so (d) The pounds of skim milk and but­ (d) To recommend amendments to requests the amount and class utilization terfat contained in or represented by all the Secretary. of milk caused to be delivered by such milk, skim milk, cream, and each milk cooperative association, either directly product on hand at the beginning and § 911.22 Duties. The market admin­ or from producers who are members of end of each delivery period. istrator shall perform all duties neces­ sucfy cooperative association, to each § 911.33 Retention of records. All sary to administer the terms and pro­ handler to whom the cooperative asso­ visions of this order, including but not books and records required under this ciation sells milk. For the purpose of order to be made available to the mar­ limited to the following: this report, the milk caused to be so de­ (a) Within 30 days following the date ket administrator shall be retained by livered by a cooperative association the handler for a period of three years on which he enters upon his duties, or shall be prorated to each class in the such lesser period as may be prescribed to begin at the end of the calendar proportion that the total receipts of pro­ month to which such books and records by the Secretary, execute and deliver to ducer milk by such handler were used the Secretary a bond, effective as of the pertain: Provided, That if, within such in each class; and three-year period, the market admin­ date on which he enters upon such du­ (k) Prepare and disseminate publicly ties and conditioned upon the faithful istrator notifies the handler in writing such statistics and information as he that the retention of such books and performance of such duties, in an amount deems advisable and as do not reveal and with surety thereon satisfactory to confidential information. records, or of specified books and rec­ the Secretary; ords, is necessary in connection with a (b) Employ and fix the compensation REPORTS, RECORDS, AND FACILITIES proceeding under section 8c (15) (A) of of such persons as may be necessary to § 911.30 Delivery period reports of the act or a court action specified in enable him to administer its terms and receipts and utilization. On or before such notice, the handler shall retain provisions; the 7th day after the end of each deliv­ such books and records, or specified (c) Obtain a bond in a reasonable ery period each handler, except a pro­ books and records, until further written amount and with reasonable surety ducer-handler, shall report to the notification from the market adminis­ thereon covering each employee who market administrator in the detail and trator. In either case, the market handles funds entrusted to the market on forms prescribed by the market ad­ administrator shall giye further written administrator; ministrator: notification to the handler promptly (d) Pay out of the funds provided by (a) The quantities of skim milk and upon the termination of the litigation § 911.88 the cost of his bond and of the butterfat contained in all receipts at his or when the books and records are no bonds of his employees, his own compen­ pool plant(s) within such delivery period longer necessary in connection there­ sation, and all other expenses (except (1) of Grade A producer milk, (2) of with. those incurred under §911,87) neces­ Nongrade A producer milk,\ (3) from CLASSIFICATION sarily incurred by him in the mainte­ other handlers, and (4) of other source § 911.40 Skim milk and butterfat to nance and functioning of his office and milk; be classified. All skim milk and butter­ in the performance of his duties; (b) The utilization of all skim milk fat received within the delivery period (e) Keep such books and records as ,and butterfat required to be reported by a handler and which is required to will clearly reflect the transactions pro­ pursuant to paragraph (a) of this sec­ be reported pursuant to § 911.30 shall be vided for herein, and upon request by tion; and classified by the market administrator 'the Secretary surrender the same to such (c) Such other information with re­ pursuant to the provisions of §§ 911.41 other person as the Secretary may des­ spect to receipts and utilization as the through 911.46. ignate; market administrator may prescribe. (f) Submit his books and records to § 911.41 Classes of utilization. Sub­ examination by the Secretary and fur­ § 911.31 Other reports. Each han­ ject to the conditions set forth in nish such information and reports as dler shall report to the market adminis­ §§ 911.42 and 911.43 the classes of utili­ may be requested by the Secretary ; trator, in the detail and on forms pre­ zation shall be as follows: (g) Audit all reports and payments scribed by the market administrator as (a) Class I milk shall be all skim milk by each handler by inspection of such follows, except that each producer-han­ and butterfat disposed of in fluid form handler’s records and of the records of dler shall report to the market adminis­ (except for livestock feed) as milk, skim any other person upon whose utilization trator at such time and in such mander milk, buttermilk, milk drinks (whether the classification of skim milk or butter- as the market administrator may re­ plain or flavored), cream (including quest: sour cream), any mixture of cream and fat for such handler depends; (a) On or before the 20th day after themilk, or skim milk (except bulk ice (h) Publicly announce by posting in a end of each delivery period his producer cream mix, eggnog, and reddi-whip, in­ conspicuous place in his office and by payroll for such delivery period, which stant whip, super whip, and similar such other means as he deems appro­ shall show: products), and all skim milk and butter- 7324 PROPOSED RULE MAKING

fat not specifically accounted for under plant and the handler on or before the same manner prescribed for skim milk paragraph (b) of this section. 7th day after the end of the delivery in paragraph (a) of this section. (b) Class II milk shall be all skim period within which such transfer oc­ § 911.46 Allocation of producer milk milk and butterfat accounted for (1) as curred. classified. For each delivery period the having been used or disposed of in any (2) The operator of the nonpool plant market administrator shall allocate the product other than those specified in maintains books and records showing pounds of producer skim milk and butter, paragraph (a) of this section; (2) as utilization of all skim milk and butterfat fat in each class for each handler com­ disposed of for livestock feed; (3) in ac­ at such plant which are made-available puted pursuant to § 911.45 to Grade A tual plant shrinkage of skim milk and if requested by the market administrator producer milk and to Nongrade A pro­ butterfat received in producer milk, but for the purpose of verification, and ducer milk received by such handler dur­ not iir excess of 2 percent of such re­ (3) Not less than an equivalent ing sucn delivery period. ceipts of skim milk and butterfat, re­ amount of skim njilk and butterfat was (a) Skim milk shall be allocated as spectively, and (4) in actual plant actually utilized in su*h plant in ttie use follows:- shrinkage of skim milk and butterfat in indicated in such statement: Provided, (1) Allocate to Class II skim milk the other source milk received: Provided, That if upon inspection of the records of plant shrinkage of skim milk in Grade A That if milk from more than one source such plant it is found that an equivalent producer milk computed pursuant to (Grade A producer milk, Nongrade A amount of skim milk and butterfat was § 911.41 (b) (3); producer milk, and other source milk) not actually used in such indicated use (2) Allocate the remaining pounds of is received' at a pool plant during the the remaining pounds shall be classified skim milk in Grade A producer milk in same delivery period the shrinkage of as Class I milk. series beginning with Class I; skim milk and butterfat, respectively, (d) As Class I milk if transferred or (3) The pounds of skim milk remain­ allocated to each source shall be com­ diverted in the form of milk or skim milk ing in each class shall be the pounds of puted pro rata according to the propor­ to a nonpool plant located 110 miles or skim milk in such class allocated to Non­ tions of the volumes of skim milk and more airline distance from the City Hall grade A producer milk received by such butterfat, respectively, received from in St. Louis, Missouri. handler during such delivery period. such sources to their totals. § 911.44 Computation of skim milk (b) Butterfat shall be allocated in the § 911.42 Responsibility of handlers and butterfat in each class. For each same manner prescribed for skim milk and reclassification of milk, (a) All delivery period, the market administra­ in paragraph (a) of this section. skim milk and butterfat shall be classi­ tor shall correct for mathematical and (c) Add the pounds of skim milk and fied as Class I milk, unless the handler other obvious errors the delivery period the pounds of butterfat allocated to who first received such skim milk and report submitted by each handle# and Grade A producer milk in each class, butterfat proves to the market adminis­ compute the total pounds of skim milk respectively, and the pounds of skim trator raiat such skim milk or butterfat and butterfat, respectively, in Class I milk and the pounds of butterfat allot should be classified in Class II. milk and Class II milk for such handler. cated to Nongrade A producer milk in (b) Any skim milk or butterfat classi­ each class, respectively, as computed fied (except that transferred to a pro­ § 911.45 Allocation of skim milk and pursuant to paragraphs (a) and (b) of ducer-handler) in 'one class shall be butterfat classified. The pounds of this section and determine the percent­ reclassified if used or reused by such skim milk and butterfat remaining in age of butterfat in Grade A producer handler or by another handler in another each class after making the following milk and Nongrade A producer milk, computation for each handler/for each respectively, in each class. class. delivery period shall be the pounds of § 911.43 Transfers. Skim milk or skim milk and butterfat in such class MINIMUM PRICES butterfat disposed of by a handler either allocated to producer milk received by § 911.50 Class prices. Subject to the by transfer or diversion shall be clas­ such handler during such delivery period; provisions of §§ 911.51 and 911.52 each sified: (a) Skim milk shall be allocated as handler shall pay producers at the time (a) As Class I milk if transferred or follows: and in the manner set forth in §§ 911.80 diverted in the form of milk, skim milk, (1) Subtract from thé pounds of skim through 911.86 not less than the follow­ or cream to a pool plant of another han­ milk in each class the total pounds of ing prices per hundredweight of milk: dler (except a producer-handler) unless skim milk received by such handler in (a) Class I milk—(1) Grade A. The utilization in Class II is mutually indi­ rnilk from producers as defined under price for Grade A Class I milk shall be cated in writing to the market adminis­ Order No. 3 regulating the handling of the price computed by the market ad­ trator by both handlers on or before the milk in the St. Louis, Missouri, marketing ministrator in accordance with the Class 7th day after the end of the delivery area and assigned to such class pursuant I pricing provisions of Order No. 3, regu­ period within which such transaction oc­ to the provisions of such order; lating the handling of milk in the St. curred, but in no event shall the amount (2) Subtract from the total pounds of Louis, Missouri, marketing area, less 15 classified in Class II exceed the total use skim milk in Class n the plant shrink­ cents. in such class by the transferee-handler: age of skim milk in milk received from (2) Nongrade A. The price for Non­ Provided, That if either or both handlers producers computed pursuant to § 911.41 grade A Class I milk shall be the price have received other source milk, such (b) (3); computed for Grade A milk pursuant to milk so disposed of shall be classified at (3) Subtract from the pounds of skim subparagraph (1) of this paragraph, both plants so as to return the higher milk remaining in each class, in series less 40 cents. class utilization to producer milk: And beginning with Class II milk, the pounds (b) Class 11 milk. The price for Class provided further, That if either or both of skim milk in other source milk; n milk shall be the higher of the prices handlers have received Grade A pro­ (4) Subtract from the pounds of skim per hundredweight for milk of 3.5 per-# ducer milk, such milk so disposed of milk remaining in eàch class the pounds cent butterfat content computed pursu­ shall be classified at both plants so as of skim milk received from other han­ ant to subparagraph (1) or (2) of this to return the higher class utilization to dlers and assigned to such class pursu­ paragraph. Grade A producer milk. ant to § 911-43 (a) ; (1) The arithmetic average of the (b) As Class I milk if transferred or (5) Add to the pounds of skim milk basic, or field, prices paid or to be paid diverted in the form of milk, skim milk, remaining in Class n milk the pounds per hundredweight for milk of 3.5 per­ or cream to a producer-handler. of skim milk subtracted pursuant to sub- cent butterfat content received from (c) As Class I milk, except as provided paragraph (2) of this paragraph; or if farmers during the delivery period at in paragraph (d) of this section, if trans­ the pounds of skim milk remaining in all the following plants or places for which ferred or diverted in the form of milk, classes exceed the pounds of skim milk prices have been reported to the market skim milk, or cream to a nonpool plant in producer milk, subtract such excess administrator or to the Department: (other than that of a producer-handler) unless: from the pounds of skim milk remaining Concern and Location in each class in series beginning with (1) The handler claims Class II on the Carnation Co., Ava, Mo. basis of a utilization mutually indicated Class II. Carnation Co., Seymour, Mo. in writing to the market administrator (b) Allocate the pounds of butterfat Pet Milk Co., Greenville, 111. by both the operator of the nonpool in each class to producer milk in the Litchfield Creamery Co., Litchfield, 111. Wednesday, November 1, 1950 FEDERAL REGISTER 7325

Indiana Condensed Milk Co., Bunker plant located outside of the St. Louis, under another marketing agreement or Hill, HI. Borden Co., Mount Pleasant, Mich. Missouri, marketing area, as defined in order issued pursuant to the act, during Carnation Co., Bparta, Mich. Order No. 3, and which is classified as the delivery period, which is allocated to Pet Milk Co., Hudson, Mich. Class I milk, a handler shall be allowed Class I milk pursuant to paragraph (a) Pet Milk Co., Wayland-Mich. the amount per hundredweight set forth (3) or (b) of §911.45, an amount com­ Pet Milk Co., CoopersvHle, Mich. in the schedule below for the airline dis­ puted by multiplying the quantity of Borden Co., Greenville, Wis. tance from the City Hall at St. Louis, such Class I milk by the difference be­ Borden Co., Black Creek, Wis. Missouri, to the pool plant where such tween the applicable price of Class I Borden Co., Orfordville, Wis. Carnation Co., Chilton, Wis. milk was received from producers: milk and Class II milk for the lowest Carnation Co., Berlin, Wis. Provided, That such an allowance shall grade of milk received from producers Carnation Co., Richland Center, Wis. not result in a Class I price, f. o. b. pool at the plant of such handler, shall be Carnation Co., Oconomowoc, Wis. plant, which is less than the Class II added to the value computed pursuant Carnation Co., Jefferson, Wis. price computed pursuant to § 911.50 (b): to this section for the lowest grade of Pet Milk Co., New Glarus, Wis. milk. Pet Milk Co., Belleville, Wis. Distance from the Amount per Borden Co., New London, Wis. City Hall at hundredweight § 911.71 Computation of uniform *. St. Louis, Mo. (cents) White House Milk Co., Manitowoc, Wis. Not more than 10 miles____ - ______6 prices. For each delivery period the White House Milk Co., West Bend, Wis. More than 10 but not more than 20 market administrator shall compute (2) The price per hundredweight com­ miles______(______12 separately the uniform prices per hun­ puted by adding together the plus yalues More than 20 but not more than 30 dredweight for Grade A milk and Non- pursuant to subdivisions (i) and fii) of miles______n ______14 grade A milk of 3.5 percent butterfat this subparagraph. More than 30 but not more than 40 content received from producers as fol­ miles______16 lows: (i) Multiply by 3.5 the simple average, Within each 10-mile zone thereafter— as computed by the market administra­ an additional 1 cent. (a) Combine into separate totals the tor, of the daily wholesale selling prices values of Grade A milk and Nongrade A (using the midpoint of any price range APPLICATION OF PROVISIONS milk computed pursuant to § 911.70 for as one price) of Grade A (92-score) bulk §911.60 Producer-handlers. §§911.40 all handlers who made the reports pur­ creamery butter per pound at Chicago, as through 911.46, 911.50 through 911.52, suant to § 911.30 for such delivery period, reported by the Department during the 911.70, 911.71, and 911.80 through 911.88 except those in default of payments pur­ delivery period, and add 20 percent shall not apply to a producer-handler. suant to § 911.84 for the preceding de­ thereof; livery period; (ii) From the simple average, as com­ § 911.61 Pool plants subject to other (b) Add to the respective values com­ puted by the market administrator, of orders. In the case of any pool plant puted pursuant to paragraph (a) of this the weighted averages of the car lot prices which is subject to the regulatory provi­ section the amount of any location ad­ per pound for nonfat dry milk solids, sions of another milk marketing agree­ justment required to be made pursuant spray and roller process, respectively, for ment or order (other than Order No. 3, to § 911.82 with respect to such milk; human consumption, f. o. b. manufac­ as amended, regulating the handling of (c) Add amounts representing the turing plants in the Chicago area as pub­ milk in the St. Louis, Missouri, market­ cash balances on hand in the respective lished for the period from the 26th day ing area) issued pursuant to the act and producer-settlement funds less the total of the preceding month through the 25th which the Secretary determines disposes amounts of contingent obligations to day of the current month by the De­ -of a greater volume of its Class I milk in handlers pursuant to § 911.85; partment, deduct 556 cents, and then the marketing area as defined by such (d) Substract if the weighted average multiply by 7. other agreement or order than is disposed butterfat content of the milk included in of in the marketing area as defined by the respective computations is greater § 911.51 Butter fat differentials to this order §§ 911.30 through 911.32, 911.50 than 3.5 percent, or add, if such average handlers. If the weighted average but- through 911.52, 911.70, 911.71, and 911.80 butterfat content is less than 3.5 per­ terfat test of Grade A producer milk or through 911.88 of this order shall not cent, an amount computed as follows: Nongrade A. producer milk, respectively, apply, except that the operator of such' Multiply the amount by which the aver­ classified in Class I milk or Class II milk- pool plant shall make reports to the mar­ age butterfat content of such milk varies for a handler pursuant to § 911.46 (c) ket administrator, with respect to his from 3.5 percent by the butterfat differ­ is more or less than 3.5 percent, there total receipts and utilization of skim milk ential computed pursuant to § 911.81 and shall be added to, or subtracted from, as and butterfat, at such time and in such multiply the respective result by the the case may be, the appropriate class manner as the market administrator total hundredweight of such milk repre­ price for such grade of milk, Jor each may require and shall allow verification sented by the values included in para­ one-tenth of one percent that such of such reports by the market admini­ graph (a) of this section; weighted a verage butterfat test of milk strator pursuant to § 911.32. " (e) Divide the resulting amounts by in such class is above or below 3.5 per­ the total hundredweight of Grade A and cent, a butterfat differential calculated DETERMINATION OF UNIFORM PRICES Nongrade A milk, respectively, repre­ as follows: § 911.70 Computation of value of milk. sented by the values included in para­ (a) Class I milk— (1) Grade A. Mul­ The value of Grade A producer milk and graph (a) of this section; and tiply by 1.25 the simple average, as com­ of Nongrade A producer milk, respec­ (f) Subtract not less than 4 cents nor puted by the market administrator, of tively, received during each delivery pe­ more than 5 cents from the amounts per the daily wholesale selling prices (using riod by each handler shall be a sum of hundredweight computed pursuant to the midpoint of any price range as one money computed by the market admin­ paragraph (e) of this section. The re­ price) of Grade A (92-score) bulk istrator by multiplying the pounds of sulting figures shall be the uniform creamery butter per pound at Chicago such milk in each class by the applicable prices for Grade A and Nongrade A milk, as reported by the Department during class prices and adding together the re­ respectively, of 3.5 percent butterfat con­ the delivery period, and divide the re­ tent received from producers. sult by 10. sulting amounts: Provided, That if the handler had an overage of either skim PAYMENTS (2) Nongrade A. Multiply by 1.22 the milk or butterfat, such excess as de­ average price of butter computed pur­ ducted from each class pursuant to § 911.80 Time and method of pay­ suant to subparagraph (1) of this para­ § 911.45 (a) (5) or (b) shall be ratably ment for milk. Each handler shall make graph, and divide the result by 10. apportioned between the receipts of payment on or before the 15th day after (b) Class II milk. Multiply by 1.20 Grade A and Nongrade A producer milk, the end of each delivery period, to each the average price of butter computed and there shall be %dded to the respec­ producer or cooperative association for pursuant to paragraph (a) (1) of this tive values computed above an amount all milk received during such delivery section, and divide the result by 10. computed by multiplying the pro rata period from such producer or from pro­ § 911.52 Location differential to pounds of such overages by the appli­ ducers who are members of such cooper­ handlers. Wi|;h respect to skim milk cable class prices : And provided further, ative association at not less than the and butterfat contained in milk which That if the handler has received other applicable uniform price for such de­ is received from producers at a pool source milk, other than milk priced livery period computed pursuant to 7326 PROPOSED RULE MAKING

§ 9ir.71 subject to the following adjust­ administrator the amount, if any, by of the deductions specified in paragraph ments: (a) The butterfat differential which the utilization value of the respec­ (a) of this section, such deductions as tive grade of milk received from pro­ are authorized by such producers and on pursuant to § 911.81; (b) the location or before the 15th day after the end of differential pursuant to §911.82; (c) ducers by such handler during the deliv­ ery period as computed pursuant to such delivery period shall pay such de­ less marketing service deductions pursu­ ductions to thejcooperative association ant to § 911.87; (d) less deductions au­ § 911.70 is greater than an amount com­ thorized by the producer; and (e) any puted by multiplying the hundredweight rendering such services. error in calculating payments" to such of milk received from such producers by §911.88 Expense of administration. individual producer for past delivery the applicable uniform price adjusted As his pih rata share of the expense of periods: Provided, That if by such date by the butterfat differential provided administration hereof, each handler such handler has not received full pay­ for in § 911.81 and the location differen­ shall pay to the market administrator ment for such delivery period for any tial provided for in § 911.82. on or before the 15th day after the end grade of milk pursuant to § 911.85 he § 911.85 Payments out of the pro­ of the delivery period, 4 cents per hun­ may reduce uniformly per hundred­ ducer-settlement funds. On or before dredweight or such lesser amount as the weight for all producers from whom such the 14th day after the end of each de­ Secretary may prescribe with respect to grade of milk was received his payments livery period, the market administrator all receipts at his pool plant within the pursuant to this paragraph by an shall pay to each handler the amount, delivery period of milk from producers, amount not in excess of the per hun­ if any, by which the utilization value of including such handler’s own produc­ dredweight reduction in payment from the respective grade of milk received tion: Provided, That each cooperative the market administrator; however, the from producers by such handler during association shall pay such pro rata ex­ handler shall make such balance of pay­ the delivery period as computed pursu­ pense on only that milk from producers ment to those producers to whom it is ant to § 911.70 is less than an amount for which it is a handler. due on or before the date for making computed by multiplying the hundred­ § 911.89 Termination of obligations. payments pursuant to this paragraph weight of milk received from such pro­ The provisions of this section shall apply next following that on which such bal­ ducers by the applicable uniform price to any obligation under this order for ance of payment is received from the adjusted by the butterfat differential the payment of money. market administrator. provided for in § 911.81 and the location (a) The obligation of any handler to § 911.81 Producer-butterfat differen­ differential provided for in §911.82: pay money required to be paid under the tial. In making payments pursuant to Provided, That if the balance in such terms of this order shall, except as pro­ § 911.80, each handler shall add to or producer-settlement fund is insufficient vided in paragraphs (b) and (c) of this subtract from the applicable uniform to make all payments with respect to section, terminate two years after the price for each one-tenth of one percent such grade of milk pursuant to this sec­ last day of the calendar month during that the average butterfat content of the tion the market administrator shall re­ which the market administrator receives milk received from such producer is duce uniformly such payments and shall the handler’s utilization report on the above or below 3.5 percent, an amount complete such payments as soon as the milk involved in such obligation, unless computed by multiplying the average necessary funds are available. within such two-year period the market price of butter computed pursuant to § 911.86 Adjustment of accounts. administrator notifies the handler in §911.51 (a) (1), by 1.20, dividing the Whenever audit by the market adminis­ writing that such money is due and pay­ result by 10, and rounding to the nearest trator of any handler’s reports, books, able. Service of such notice shall be multiple of one-half cent. records, or accounts discloses errors re­ complete upon mailing to the handler’s § 911.82 Location differential to pro­ sulting in moneys due (a) the market last known address, and it shall contain ducers. In making payments to produ­ administrator from such handler, (b) but need not be limited to the following cers pursuant to § 911.80, each handler such handler from the market adminis­ information: shall deduct from the applicable uniform trator, or (c) any producer or coopera­ (1) The amount of the obligation; price for such producer with respect to tive association from such handler, the (2) The month(s) during which the milk received from the producer at a market administrator shall promptly milk, with respect to which the obliga­ pool plant located outside of the St. notify such handler of any amount so tion exists, was received or handled ; and Louis, Missouri, marketing area, as de­ due and payment thereof shall be made (3) If the obligation is payable to one fined in Order No. 3, the applicable on or before the next date for making or more, producers or to an association amounts set forth below: payments set forth in the provision un­ of producers, the name of such pro­ der which such error occurred. ducer (s) or association of producers, or Distance from the Amount per if the obligation is payable to the market City Hall at hundredweight § 911.87 Marketing services—(a) De­ St. Louis, Mo. (cents) administrator, the account for which it Not more than 10 miles------6 ductions. Except as set forth in para­ is to be paid. More than 10 but not more than 20 graph (b) of this section, each handler, (b) If a handler fails or refuses, with miles ------in making12 payments to producers (other respect to any obligation under this or­ More than 20 hut not more than 30 than himself) pursuant to § 911.80 shall der, to make available to the market miles ______14 deduct 6 cents per hundredweight, or administrator or his representatives all More than 30 hut not more than 40 such lesser amount as the Secretary may books and records required by this order miles ------prescribe, 1® with respect to all milk re­ to be made available, the market admin­ Within each 10-mile zone thereafter— ceived by such handler from producers istrator may, within the two-year period an additional 1 cent. during the delivery period and shall pay provided for in paragraph (a) of this § 911.83 Producer-settlement funds. such deductions to the market admin­ section, notify the handler in writing of The market administrator shall estab­ istrator on or before the 15th day after such failure or refusal. If the market lish and maintain two separate funds the end of such delivery period. Such administrator so notifies a handler, the known as the “Grade A producer-set­ moneys shall be used by the market ad­ said two-year period with respect to such tlement fund” and the “Nongrade A pro­ ministrator to verify weights, samples, obligation shall not begin to run until ducer-settlement fund,” respectively, and tests of milk received from, and to the first day of the calendar month folr into which he shall deposit all payments provide market information to, such lowing the month during which all such made by handlers pursuant to §§ 911.61 producers. Such services shall be per­ books and records pertaining to such ob­ (b), 911.84, and 911.86 and out of, which formed in whole or in part by the market ligation are made available to the mar­ he shall make allpayments to handlers administrator or by an agent engaged by ket administrator or his representatives. pursuant to §§ 911.85 and 911.86: Pro-' and responsible to him. (c) Notwithstanding the provisions of vided, That payments due to any handler (b) Deductions «with respect to mem­ paragraphs-(a) and (b) of this section, shall be offset by payments due from bers of a cooperative association. In the a handler’s obligation under this order such handler. case of producers for whom a coopera­ tive association is actually performing, to pay money shall not be terminated § 911.84 Payments to the 'producer- with respect to any transaction involv­ settlement funds. On or before the 13th as determined by the Secretary, the serv­ ices set forth in paragraph ( .) of this ing fraud oi willful concealment of a day after the end of each delivery period, fact, material to the obligation, on the each handler shall pay to the market section, each handler shall make, in lieu Wednesday November 1, 1950 , FEDERAL REGISTER 7327 part of the handler against whom the § 911.101 Separability of provisions. C. If issuance of such an agreement obligation is sought to be imposed. If any provision hereof, or its applica­ or order is justified, what its provisions (d) Any obligation on the part of the tion to any person or circumstances, is should be. market administrator to pay a handler held invalid, the application of such pro­ The evidence on this last issue involved any money which such handler claims to vision and of the remaining provisions the following: be due him under the terms of this order hereof, to other persons or circumstances (1) The extent of the marketing area; shall terminate two years after the end shall not be affected thereby. (2) The definition of “producer/* of the calendar month during which the Filed at Washington, D. C., this 27th “handler,” “pool plant,” “other source milk involved in the claim was received day of October 1950. milk,” and other terms; if an underpayment is claimed, or two (3) The classification and allocation years after the end of the calendar [ s e a l ] J o h n I . T h o m p s o n , of milk; month during which the payment (in­ Assistant Administrator. (4) The determination and level of cluding deduction or set-off by the mar­ [F. R. Doc. 50-9673; Filed, Oct. 31, 1950; class prices; ket administrator) was made by- the 8:53 a. m.] (5) -Payments to producers; handler if a refund on such payment is (6) Administrative provisions neces­ claimed, unless such handler, within the sary to carry out the foregoing provi­ applicable period of time, files, pursuant sions. to section 8c (15) (A) of the act, a peti­ 17 CFR, Port 9161 Findings and conclusions. Upon the tion claiming such money. [Docket No. AO-217] . basis of the evidence adduced at the EFFECTIVE TIME, SUSPENSION OR hearing, it is hereby found and con­ TERMINATION H a n d l in g o f M i l k i n S o u t h e r n I l l i n o i s cluded that: (A) The handling of milk produced § 911.90 Effective time. The provi­ n o t ic e o f recommended d e c is io n and o p ­ p o r t u n it y TO FILE WRITTEN EXCEPTIONS for the Southern Illinois marketing area sions hereof or any amendment hereto is in the current of interstate commerce shall become effective at such time as the THERETO W ITH RESPECT TO A PROPOSED MARKETING AGREEMENT AND ORDER and directly burdens, obstructs, or af­ Secretary may declare and shall continue fects interstate commerce in milk and in force until suspended or terminated Pursuant to the provisions of the Agri­ its products. pursuant to § 911.91. cultural Marketing Agreement Act of Southern Illinois handlers purchase § 911.91 Suspension or termination. 1937, as amended (7 U. S. C. 601 et seq.), much of their milk supply in surrounding The Secretary may suspend or terminate and the applicable rules of practice and Illinois counties in competition with St. this order or any provision hereof when­ procedure, as amended, governing the Louis, Missouri (Order No. 3), handlers ever he finds this order or any provision formulation of marketing agreements who also obtain supplies from Missouri hereof obstructs or does not tend to ef­ and orders (7 CFR Part 900), notice is and Arkansas and who dispose of such fectuate the declared policy of the act. hereby given of the filing with the Hear­ milk in fluid uses in St. Louis and the This order shall terminate in any event ing Clerkj)f this recommended decision surrounding area in both Missouri* and whenever the provisions of the act au­ of the Assistant Administrator, Produc­ Illinois. Milk purchased and bottled in thorizing it cease to be in effect. tion and Marketing Administration, Indiana, Kentucky, and Missouri is dis­ United States Department of Agriculture, tributed in the proposed marketing area §811.92 Continuing obligations. If, with respect to a proposed marketing in. direct competition with locally pro­ upon the suspension or termination of agreement and a proposed order regu­ duced and bottled milk. Prairie F#rms any or all provisions' of this order; there lating the handling of milk in the Creamery of Carbondale, the largest are any obligations thereunder the final Southern Illinois marketing area. handler in the area, disposes of approx­ accrual or ascertainment of which re­ Interested parties may file written ex­ imately 50 percent of its fluid receipts quires further acts by any person (in­ ceptions to this recommended decision in manufactured uses in addition to cluding the market administrator), such with the Hearing Clerk, Room 1353, large volumes of sour cream similarly further acts shall be performed notwith­ South Building, United States Depart­ disposed of. At least 45 percent of its standing such suspension or termination. ment of Agriculture, Washington 25, plant receipts are disposed of as butter, § 911.93 Liquidation. Upon the sus­ DVC., not later than the close of business cream, condensed products, and nonfat pension or termination, of the provisions on the 20th das after the publication of dry milk solids throughout the south­ hereof, except this section,# the market this recommended decision in the F e d ­ eastern states on regular wholesale administrator, or such other liquidating e r a l R e g is t e r . Exceptions should be routes and from company operated agent as the Secretary may designate, filed in quadruplicate. trucks. Surplus butterfat is regularly shall if so directed by the Secretary, liqui­ Preliminary statement. A public obtained from Nashville, Memphis, and date the business of the market adminis­ hearing, on the record of which the pro­ Dyersburg, Tennessee, and processed into trator’s office, dispose of all property in posed marketing agreement and the pro­ creamery butter and sold throughout the his possession or control, including posed order were formulated, was called southeastern states. Ice cream manu­ accounts receivable, and execute and by the Production and Marketing Ad­ factured in St. Louis, Missouri, from deliver all assignments or other in­ ministration, United States Department ingredients purchased on the open mar­ struments necessary or appropriate to of Agriculture, following receipt of a pe­ ket is sold in Southern Illinois in com­ effectuate any such disposition. If a tition filed by the Prairie Farms Cream­ petition with ice cream manufactured liquidating agent is so designated, all ery of Carbondale, Illinois. Additional from locally produced milk by local assets, books, and records of the market proposals were submitted by Harrisburg handlers. administrator shall be transferred Dairy Products, Inc. - The public hearing From the foregoing it is clear that a promptly to such liquidating agent. If, was held in Murphysboro, Illinois, on substantial volume of the milk in the upon such liquidation, the funds on hand March 7 to 11, 1950, inclusive, pursuant Southern Illinois market is moved phys­ exceed the amounts required to pay out­ to a notice duly published in the F e d er a l ically in interstate commerce in the standing obligations of the office of the R e g is t e r (15 F . R . 800). form of milk, cream, and manufactured market administrator and to pay neces­ The material issues considered at the dairy products, and that the handling of sary expenses of liquidation and distribu­ hearing were concerned with the milk in the market directly burdens, ob­ tion, such excess shall be distributed to following: structs, and affects interstate commerce contributing handlers and producers in A. Whether the handling of milk in in milk and its products. an equitable manner. the Southern Illinois marketing area is (B) Milk marketing conditions in the in the current of interstate commerce or Southern Illinois market justify the is­ MISCELLANEOUS PROVISIONS directly burdens, obstructs, or affects in­ suance of a marketing agreement and §311.100 Agents. T h e Secretary terstate commerce in milk or its order. may, by designation in writing, name any products; Producers on the Southern Illinois officer or employee of the United Stages B. Whether marketing conditions jus­ market are not being paid for their milk tify the issuance of a marketing agree­ on a use basis and there is no uniform to act as his agent or representative in ment or order regulating the handling connection with any of thé provisions pricing plan as among the several han­ hereof. of milk in the Southern Illinois market­ dlers with the result that producer prices ing area; and for milk of similar quality and use vary 7328 PROPOSED RULE MAKING substantially. Producers generally are Proponents .proposed that the market­ ceipt of milk from dairy farms holding not being returned a price for their milk ing area also include the territory within farm inspection permits issued by the used for fluid purposes which is signifi­ Hamilton County. They contend that local health authority. Plants handling cantly different from prevailing conden­ the area which they proposed is a com­ only milk from other sources but which s e r prices. pact area of similar agriculture, climate, are permitted by the local health au­ Prairie Farms Creamery of Carbon- topography, soil fertility, industrial thority to supply Class I milk to the dale, Illinois, a bona fide cooperative as­ development, and population pattern and market on an emergency basis are not sociation of producers and the largest represents the smallest practical area of considered as a regular source of supply handler in the market supplies distrib­ regulation. and are not regulated under an order. utors who handle approximately 50 per­ Handlers proposed that the area be In the marketing area as herein pro­ cent of the fluid milk sales in the market limited to Perry, Jackson, Union, Frank­ posed the health regulations cannot be with all of their milk requirements, but lin, Williamson, and Saline Counties used to define generally the regular does not itself bottle or distribute on contending that this area contains 63 source of supply for the market. It is, retail routes. It does, however, repre­ percent of the population and 71 percent therefore, necessary to devise another sent the primary surplus outlet for the of the effective buying power in the pro- means of designating the type of plant market and the greater part of the pro­ du(£rs’ proposed 14 county area. They operations which are to be regulated. ducer milk not needed for fluid uses is further contend that Pope, Hamilton, It is concluded that all plants distribut­ processed through this plant. As a re­ Massac, and Hardin Counties are small ing Class I milk in the area and all other sult approximately 50 percent of Prairie and barren with respect to business op­ plants regularly supplying milk to plants Farms Creamery’s whole milk receipts portunities and that the southern tip of distributing Class I in the area should be are actually utilized in other than fluid the 14 county area which embraces designated as pool plants. Accordingly, uses whereas the combined utilization Alexander and Pulaski Counties is a dif­ any plant distributing Class I milk in of other handlers, excluding " those ferent trading area separated from the the marketing area during the delivery wholly supplied by Prairie Farms, is 90 balance of the area by hill country. - period is designated a pool plant. In percent in fluid uses and 10 percent in The area herein decided upon is a addition, any plant which is used in the other uses. Notwithstanding, the rec­ relatively homogeneous market bounded receipt of milk and from which milk is ord shows no significant differences be­ by natural water boundaries on the west disposed of during the delivery period tween the pay prices of Prairie Farms and south and limited on the east and to such a distributing plant is designated and those of other receiving handlers in north by operations of large distributors as a pool plant. Provision is made for* the market. Under these circumstances who under any further extension of the the pooling of a receiving plant during it is obvious that producers are not being area would become handlers under this the delivery periods of February through paid for their milk on a use basis and the proposed order while having a prepon­ August, even though such plant does not record indicates that the prices which derance of their business outside the furnish milk to a distributing plant dur­ have been paid to producers are substan­ marketing area. The area as herein ing this period, if the receiving plant had tially lower than appears economically proposed represents the principal area furnished milk to a distributing plant justified. Unless prices paid for milk covered by handlers to whom Prairie during each of the preceding delivery for fluid uses reflect the added costs of Farms Creamery of Carbondale supplies periods of September through January. producing such milk as compared to milk. To exclude any part thereof This is necessary to permit stand-by milk for manufacturing uses it is inevi­ which is also served by another dis­ plants to keep milk in the country din­ table that in the long run serious market tributor who would not then be a han­ ing the flush production months and shortages will result and that prices dler under this proposed order would continue to share in the pool. For the higher than would otherwise be war­ adversely affect the operations of Prairie delivery periods of February through ranted will prevail. Farms Creamery whose producers con­ August 1951, it is provided that a receiv­ At the present time the market infor­ stitute the greater proportion of the ing plant shall be pooled if milk is dis­ mation necessary to enable producers to total on the market. The limiting of posed of from such plant to a distributing effectively bargain with handlers in the the area to that proposed by the han­ plant during each of the delivery periods sale of their milk is not available. Data dlers could leave v unregulated certain from the effective date of any order are completely inadequate with reference handlers in Cape Girardeau, Metropolis, through January 1951. This is in keep­ to prices paid, plant receipts, and plant and Chester, each of whom does substan­ ing with the principles discussed herein. utilization. The issuance of a market­ tial business in competition with han­ There is at present a large manufac­ ing order will provide the medium for dlers regulated because of their distribu­ turing-plant located within the market­ developing the market information tion in other parts of the area. To so ing area and operated by a cooperative necessary for efficient marketing of pro­ limit the area could also tend to create association. This plant furnishes the ducer milk and will enable producers to inequities by excluding from the area of total fluid requirements of several han­ participate more actively and effectively regulation the State Penitentiary which dlers who distribute a combined total in improving marketing conditions. In represents a substantial outlet for fluid of approximately 50 percent of the Class addition, the proposed order will provide milk, supply contracts for which are I business in the marketing area. It also a pricing structure which will return to awarded on a bid basis. represents the primary outlet for the producers a value for their milk which (2) Definitions, (a) “Pool plant” surplus milk in the area and in the is appropriately related to market supply should be designated as a plant other past has handled the bulk of the surplus and demand conditions and to an ade­ than that of a producer-handler which for the market. As long as this plant quate long-run supply of pure and whole­ is used in processing and packaging of maintains its association with the fluid some milk in the market. milk disposed of within the delivery pe­ milk market it should retain pool plant (C) From the evidence, it is concluded riod as Class I milk in the marketing status. that the proposed marketing agreement area, a plant which receives milk which Any milk distributing or processing and order which are hereinafter set forth is regularly disposed of as Class I milk plant excluded under any of the condi­ and all of the terms and conditions to a plant which disposes of Class I milk tions described above is defined as a thereof, meet the needs of the Southern in the marketing area, or the plant of “nonpool plant.” Illinois market and will tend to effectuate a cooperative association located within The term “producer” should be de­ the declared policy of the act. ''The fol­ the marketing area. A definition of pool fined as any person, except a producer- lowing findings and conclusions are made plant is necessary to facilitate the desig­ handler, who produces milk which is with respect to the several provisions of nation of the type of processor or dis­ received at a pool plant, or is diverted the proposed marketing agreement and tributor to be subject to regulation. It from a pool plant to any milk distribut­ order. is intended that any plant which is a ing or manufacturing plant. The defi­ (1) Extent of the marketing area. regular supplier of Class I milk should nition of such term facilitates the desig­ The marketing area should be defined to be included as a pool plant. nation of the milk which is to be subject include the Counties of Randolph, Perry, In many instances the local health to the pricing provisions of the order. Franklin, Jackson, Williamson,. Saline, authority is relied upon to define the Since the order applies to deliveries of Union, Johnson, Pope, Hardin, Alex­ regular source of supply for the market. whole milk by producers it is not in­ ander, Pulaski, and Massac, all in the Accordingly, the designation of a pool tended that a person be considered a State of Illinois. plant is usually dependent upon the re­ producer with reference to skim milk or Wednesday, November 1, 1950 FEDERAL REGISTER 7329

butterfat which he delivers to a pool of other provisions of the order. These priced somewhat above milk disposed of plant in the form of sweet or sour cream. terms are common to Federal milk mar­ in other manufactured products could In order to eliminate possible conflicts keting orders issued pursuant to the act result in serious inequities to local han­ between this order and Order No. 3 and no differences developed at the dlers. Much of the ice cream disposed regulating the handling of milk in the hearing regarding their definition. of within the marketing area and in the S i Louis, Missouri, marketing area or (3) Classification and allocation of surrounding territory is handled by dis­ Order No. 77 regulating the handling of milk. The classification of milk should tributors who would- not be handlers milk in the Paducah, Kentucky, market­ be as follows: Class I milk should in­ under this proposed order and who conse­ ing area a person should not qualify clude all skim milk and butterfat dis­ quently would not be regulated as to as a producer under either Order No. 3 posed of in fluid form (except for prices paid. Their skim milk and but­ or Order No. 77 and this order. Ac­ livestock feed) as milk, skim milk, but­ terfat requirements are purchased com­ cordingly, it is provided that a person termilk, milk drinks (both plain and fla­ petitively on a national market. Fur­ defined as a producer under the provi­ vored), cream (including sour cream), thermore, the milk so utilized for sale in sions of Order No. i# or Order No. 77 any mixture of cream and milk or skim the proposed marketing area is not sub­ shall not be a producer for the same milk (except bulk ice cream mix, eggnog, ject to any particular health require­ milk under the terms of this order. and reddiwip, instant whip, super whip, ments. Milk disposed of as fluid milk in the and similar products), and all skim milk Producers proposed a 2 percent maxi­ marketing area may Jjg approved Grade and butterfat not specifically accounted mum shrinkage allowance in the lowest A under the Illinois Grade A law or for as Class II milk. Class II milk use class, the same as under the St. Nongrade A milk which is not regulated should include all skim milk and butter­ Louis, Missouri, marketing order. Han­ by an ordinance of the State or any fat used to produce any product other dlers did not contest a 2 percent allow­ local health authority. Separate pool­ than those specified in Class I, disposed ance on butterfat but argued for a 5 per­ ing and pricing is proposed for Grade A of for livestock feed, in actual plant cent allowance on skim milk contending milk and for Nongrade A milk. Accord­ shrinkage of skim milk and butterfat that such an allowance was needed to ingly, producers are defined as either received in producer milk (but not in take care of necessary dumpage of skim Grade A producers or Nongrade A excess of 2 percent of such receipts of milk including route returns. Losses producers. skim milk and butterfat, respectively), through unusable route returns are a The term “handler” should include a and actual plant shrinkage of skim milk normal business risk which the handlers producer-handler and any person in his and butterfat, respectively, in other should not expect the producer to as­ capacity as operator of a pool plant. A source milk received. sume. The record indicates that there definition of handler is necessary in or­ Producers proposed a three-class clas­ are ample ’ manufacturing facilities in der to specify the types of processors sification scheme which would divide the area for disposal of all excess skim and distributors who are to be subject Class n as outlined above, placing skim milk and butterfat and it is not believed to regulation. Milk diverted from a pool milk and butterfat utilized in ice cream, that the dumping of any significant vol­ plant to a nonpool plant for the account ice cream mix, and evaporated milk in ume of either skim milk or butterfat of the handler is considered to have been hermetically sealed cans in a separate should be necessary. A maximum al­ received at the pool plant since producers class priced above milk disposed of in lowable shrinkage of 2 percent on pro­ of such milk would ordinarily be regular other manufactured products. Handlers ducer milk should be included in Class suppliers of the market and as each on the other hand, while also proposing II. Any shrinkage in excess of that should be assured the market blend price three classes, would divide Class I as amount should be classified as Class I. for their milk. The term should also outlined above, placing skim milk and No limit is provided for shrinkage of include any cooperative association of butterfat disposed of as fluid cream and other source milk allowed in Class n producers which might divert producer cream mixtures containing not less than since such milk is deducted from the milk for the account of such association. 6 percent butterfat in a separate class lowest use class under the allocation The inclusion in the definition of a co­ priced lower than milk disposed of in provisions. operative association, even though it other fluid products. It is not administratively feasible to might not operate a plant, will promote The products to be classified as Class segregate the actual plant shrinkage on efficient utilization of producer milk in I are those normally associated with a producer milk from shrinkage on other the highest available use class since such fluid milk business, and are all disposed source milk in the same plant. Conse­ an arrangement will permit the coopera­ of in the marketing area in fluid form quently, in such cases, the shrinkage tive association to divert milk for Class through the same retail and wholesale of skim milk and butterfat, respectively, I uses which might otherwise be used by channels as bottled fluid milk. Their allocated to Grade A producer milk, proprietary handlers in Class II. physical characteristics, purposes, val­ Nongrade A producer milk, and other “Other source milk” should be defined ues, and uses are more nearly similar source milk should be computed pro rata to include all skim milk and butterfat to those of fluid milk than to the prod­ according to the proportions of the vol­ from a producer-handler or from a ucts to be classified as Class II and they umes of skim milk and butterfat, re­ source other than producers or other are normally made from a higher quality spectively, received from such sources. handlers. Nonfluid milk, products re­ of milk than that disposed of in manu­ In establishing the classification of ceived and disposed of in the same form, factured products. milk the responsibility should be placed however, should be excepted. Since pro­ The products to be classified in Class upon the handler who first receives milk ducer-handlers normally dispose of their II are those which normally are com­ from producers to account for all skim milk during most of the year in Class I petitively priced on a national market. milk and butterfat received at his pool products and since sales of Class I milk It is necessary that a lower pricing be plant and to prove to the market ad­ by these handlers would not be pooled provided for milk so. utilized in order to ministrator that such skim milk and the pooling of any surplus milk pur­ assure free movement of excess supplies butterfat should be classified as other chased by handlers from producer-han­ into manufacturing channels without than Class I. The handler who first re­ dlers would result in a preferential mar- burdensome competitive disadvantages ceives milk from producers is responsible Pr°ducer-handlers as compared to affected handlers. for reporting the proper utilization of with regular producers. Skim milk and butterfat contained in such milk and making full payment for Milk purchased from producer-han­ cream and cream mixtures is subject to it. He must therefore maintain records dlers should be treated therefore as other the same production costs as milk for to furnish adequate proof of utilization source milk and would be unpriced under other fluid uses. Furthermore, milk so to the market administrator. For the this proposed order. Nonfluid milk utilized is the same quality of milk as protection of both producers and han­ products received and disposed of in the is disposed of in other Class I products dlers skim milk or butterfat classified in same form are not included as other and is subject to the same transportation one class should be reclassified if used source milk because they would not af- costs in moving from the farm to the or reused by such handler or by another classification of producer milk. handler’s plant. handler in another class. The terms “act,” “person,” “Secre­ The classification of skim milk and Provision should be made in the order tary, “Department,” “cooperative asso­ butterfat disposed of in ice cream, ice to cover the classification of skim milk ciation,” and "delivery period” are de­ cream mix, and evaporated milk in her­ and butterfat transferred from a pool nned in order to facilitate the drafting metically sealed cans in a separate class plant to another pool plant or to a non- No. 212----- 3 7330 PROPOSED RULE MAKING month production of producer milk. pool plant. In the case of transfers be­ (4) Class prices. Class I milk prices should be determined by using the basic Such data are necessary to determine tween pool plants classification should the volume of milk needed to supply be on the basis of written agreement be­ formula price as computed under the pricing provisions of Order No. 3 and Class I needs of the market during all tween the affected handlers to the extent seasons of the year. If at a later time of utilization in the agreed use jn the adding specified differentials. Both producers and handlers proposed a supply-demand adjustment factor still transferee plant. This provision affords appears desirable further consideration suitable flexibility in the pricing, clas­ that the Southern Illinois Class I price be related to the St. Louis (Order No. 3) can be given when more complete data sification, and accounting for of milk on production and Class I sales are avail­ transferred. It does not affect producer price in recognition of the direct com­ returns because all of the milk is ac­ petition between the two markets for able. milk supplies. While producers pro­ The price for Class II milk should be counted for in the pool computation in the higher of (1) the average price paid any event. In order to assure adequate posed the use of differentials in pricing Grade A milk under this order which for milk of 3.5 percent butterfat content protection of producers in the classifica­ at 23 plants which utilize milk for manu­ tion of their milk it should be provided would result in prices approximating those established under the St. Louis facturing purposes (particularly for that in case other source milk is re­ manufacturing evaporated milk), or (2) ceived in either or both plants the clas­ Order.it appears that a greater invest-^ ment is necessary to provide facilities to a price computed from the prices of 92- sification of milk in each plant shall be score butter at Chicago and the prices made in such a manner as will return meet the requirements for the produc­ tion of milk qualified for the St. Louis of nonfat dry milk solids f. o. b. certain the higher class utilization to producer manufacturing plants in the Chicago milk. The allocation provisions as here­ market, and that greater day-to-day, costs must be incurred in the care of area. inafter proposed give priority to Grade Such a pricing assures producers the A producer milk over Nongrade A pro­ cows and equipment and in the produc­ tion of milk under the St. Louis ordi­ higher of the competitive manufacturing ducer milk. Accordingly, it should be values for their surplus milk and at the further provided that when Grade A pro­ nance. The use of the same basic formula price will maintain a direct re­ same time maintains a direct relation­ ducer milk is received at either plant ship between surplus prices under the involved in an interhandler transfer the lationship in prices between the two markets. However, in recognition of the St. Louis marketing order and this order. milk so disposed of shall be classified The St. Louis market obtains its supplies at both plants to return the higher class lower production costs incurred in the production of Illinois Grade A milk as of milk from an area which encompasses utilization to Grade A producer milk. a portion of the Southern Illinois supply Transfers to a producer-handler compared to milk produced for the St. Louis market such milk should be priced area and the disposition of surplus milk should be classified as Class I milk. in both areas is substantially in the Producer-handler ordinarily carry on somewhat below the prices specified in the St. Louis Order. Accordingly, it is same uses. The prices for surplus milk only fluid operations. Any milk which under both the St. Louis Order and this they purchase from a handler would concluded that differentials of $1.35 for the delivery periods of July through De­ order should, therefore, be substantially normally be for fluid uses and it is un­ the same. necessary to provide for the classification cember, $0.90 for the delivery periods of January through March, and $0.50 for At the present time the butter-powder of such a transfer in a lower use class. formula would be the higher and accord­ Transfers to a nonpool plant should be the delivery periods of April through June should be added to the basic for­ ingly would be the Class II price deter­ classified on the basis of written agree­ minate. On the basis of current butter ment in the same manner as outlined for mula price to establish the level of prices for Grade A milk disposed of in Class L and nonfat dry milk solids quotations interhandler transfers. This would the formula herein proposed would net facilitate the movement of skim milk The resulting prices would average ap­ proximately $0.15 under the St. Louis handlers a return of from 60 to 65 cents and butterfat in excess of Class I needs per hundredweight of 3.5 milk—the dif­ and at the same time protect producers price on an annual basis but would carry a substantially greater seasonality which ference between the cost of 100 pounds in the classification of milk by requiring of 3.5 milk and the sale value of 4.27 adequate records to prove to the market is needed to promote a more uniform pattern of milk production consistent pounds of butter and 7.76 pounds of administrator that an equivalent amount spray nonfat dry milk solids which it is of skim milk and butterfat was actually with the demand pattern for milk for Class I use in the marketing area. estimated should be obtained from 8.75 used in the claimed class. Nongrade A milk should be priced 40 pounds of 40 percent cream and 91.25 The allocation provisions should pro­ pounds of skim milk. This proposed vide that other source milk, which is un­ cents under the Grade A price. The resulting prices for Npngrade A milk will pricing should promote the use of local priced, be allocated to the lowest use in producer milk in ice cream since butter­ the handler’s plant. This is done to vary seasonally from 10 cents over the basic formula price during the months of fat is priced at the local competitive prevent other source milk from displac­ price and the residual skim value is such ing the milk or producers which consti­ April through June to 95 cents over the basic formula price during the months that when a handler’s costs for condens­ tutes the regular supply of the market. ing are included the total cost will be In the allocation of producer milk, Grade of July through December. These dif­ ferentials are designed to cover the extra comparable with the cost of importing A milk should be assigned the highest condensed skim milk. utilization. A handler customarily costs of producing the quality of milk required by handlers for bottling pur­ The price computed for each class on utilizes the highest quality milk in his the basis of milk containing 3.5 percent plant for fluid purposes and hence the poses, to promote a more uniform sea­ sonal production pattern, and to assure butterfat should be adjusted to reflect assignment of this milk to the highest the weighted average butterfat content class is consistent with the preferential an adequate supply qf quality milk over a period of time. of the several products classified in the use given to this milk by handlers. respective classes. The Class I Grade A Handlers proposed that Class II utili­ The Class I prices herein proposed would have returned producers of Grade differential should be 1.25 times the price zation in an amount not to exceed 5 per­ A milk an average price of $4.15 per of 92-score butter at Chicago and the cent of producer receipts be allocated hundredweight, during the year of 1949, Class I Nongrade A differential should to producer receipts. While such a pro­ be 1.22 times the price of 92-score butter vision is contained in the St. Louis order which was approximately the price re­ ceived by such producers during this at Chicago. The Class II differential the need for such a provision was not should be 1.20 times the price of 92-score established in this record. An ample period.' Producers proposed a supply-demand butter at Chicago. A Class I Grade A supply of producer milk is available in differential of 1.25 prices Grade A but­ the Southern Illinois market. Any adjustment factor for inclusion in the Class I price formula. However, the ef­ terfat at the same level as that under temporary shortage would be the result Order No. 3 which is the nearest sup­ of an erroneous decision on the part of fective date of such a provision should be delayed until a reasonable period has plemental supply of Grade A butterfat handlers as to the quality of regular milk A Class I Nongrade A differential of 1.22 which they procure. Producers should elapsed to determine the effect of the pricing herein proposed. Moreover, at reflects the higher-valued use of butter­ not be required to share the cost of im­ fat for fluid uses as compared to manu­ porting other source milk for an individ­ the present time there are no available data on the volume of Class I sales in factured uses. A Class II differential ox ual handler to alleviate a shortage result­ 1.20 reflects the general value of butter- ing from his own erroneous decision. the marketing area or on the month-to- Wednesday, November 1, 1950 FEDERAL REGISTER 7331

fat for manufacturing uses. These dif­ the prices fixed for milk used in each turns to producers and do not affect ferentials as herein proposed appear to class) and the announced uniform price handlers’, costs for milk. provide an appropriate division of the (the average use value of milk received Payments to producers should be made price between skim milk and butterfat by all handlers) which he pays-to his on a monthly basis on the 15th day after and should encourage the maximum producers. the close of the delivery period. This is utilization of producer butterfat. In the computation of the value of the method of settlement currently be­ The pricing of Class I milk on the producer milk, provision should be made ing followed in making payment to the basis of an f. o. b. marketing area price for the inclusion of the values of milk majority of producers and there was no adjusted by a location allowance in case classified in excess of reported receipts evidence that any other payment sched­ of milk received at a pool plant located from producers, handlers, and other ule would be more practical. All dates beyond the limits of the marketing area sources. Federal milk orders frequently covering reports of handlers, computa­ is in accord with handlers’ proposal for contain this provision in order to cover tion and announcement of uniform the inclusion of a location differential. discrepancies between the reported and prices, and payments into and out of A location differential is necessary to actual weights and tests of milk received the producer-settlement funds should be reflect the different values of milk deliv­ from producers. In case a handler hav­ set to enable payment at such time. ered at different distances from the mar­ ing excess skim milk or butterfat has Payments due to a cooperative associa­ ket. The allowance also takes into con­ received Grade A and Nongrade A milk tion for milk of its members should be sideration the necessity for maintaining during the delivery period, such excess made on the 13th day after the close of country receiving facilities for milk de­ would be ratably apportioned between the delivery period. This will enable livered at points outside of the marketing the several grades of milk received. the association to pay its members on area. In the event that a handler has the 15th, the same date that other pro­ Handlers proposed that distributors received other source milk allocated ducers are paid. Handlers can comply located outside the marketing area and to Class I and which is not priced with such a provision because it involves doing less than 10 percent of their Class under another marketing agreement the writing of only a single check for I business within the marketing area and or order an amount should be added the milk of all association members. All those doing less than 10 percent of their to the value of the lowest grade of payments made directly to producers or business in Class I be exempt from regu­ producer milk received by such handler an association of producers, or through lation except for the payment into the computed as follows: Multiply the the producer-settlement fund should be pool of the difference between the Class quantity of such other source milk by adjusted for errors made in such pay­ I and the Class II prices on the volume the difference between the applicable ments for preceding delivery periods. of milk utilized in Class I in the market­ prices for Class I and Class II milk. As The market administrator in making ing area. However, there is insufficient previously indicated all sources of milk payments to any handler from the pro­ evidence in the record to enable consid­ regularly used for Class I will be included ducer-settlement fund should offset eration of the adoption, of such a in the pool. The pool plant definition such payments by the amount of pay­ provision. affords opportunity to any handler to ment due from such handler. Without (5) Payments to producers. The develop an adequate supply of producer this provision, the market administra­ “market-wide” type of pool should be milk for his Class I needs. There should tor might be required to make payments established in this order for the purpose be no reason for an insufficient supply of to a handler who may have obtained of distributing among producers returns producer milk under such circumstances. money from the producer-settlement from the sale of their milk. Under the If any handler elects to use other source fund by filing fraudulent reports or who market-wide pooling arrangement all milk in preference to utilizing an avail­ owes money to the producer-settlement producers receive the same uniform price able source of producer milk, local pro­ fund but who is financially unable to for their milk irrespective of the utiliza­ ducers should not be penalized. Accord­ make full payment of all of his debts. tion made of such milk by the handlers ingly, it is provided that such handler (6) Certain other provisions should to whom they sell. pay into the pool for distribution among be adopted to enable proper and efficient The alternative to the market-wide regular producers, the difference between administration of the order. pool is individual-handler pools. Under the Class I and the Class II prices on (a) Administrative assessment. Each the latter system producers delivering other source milk so utilized. Such a handler should be required to pay to the to each handler receive a uniform price provision gives* assurance to both pro­ market administrator as his pro rata based orf each handler’s utilization of ducers and handlers that all milk utilized share of the cost of administration 4 milk. Because different handlers utilize for fluid purposes is purchased on a use cents per hundredweight or such lesser different proportions of their milk as basis at minimum order prices. Other sum as the Secretary may from time to Class I and Class IT,' the uniform prices source milk priced under another mar­ time prescribe on all receipts of producer of individual handlers would vary one keting order is exempt because such milk milk at a pool plant. The market ad­ from the other. Prairie Farms Creamery would be priced-on a use basis commen­ ministrator must have the necessary of Carbondale, a cooperative association surate with its value as determined under funds to enable him to administer prop­ and a handler in the market, represents the other order. erly the terms of the order and the act the principal outlet for surplus milk in Provision should also be made in the provides that the administration be fi­ the market and under an individual- payment of producers for the adjustment nanced through assessment against han­ handler pool the price paid by Prairie of the applicable uniform price to reflect dlers. In view of the anticipated volume Farms probably would be less than prices the actual test of the milk received from of milk on which the rate would apply, it paid by other handlers despite the fact a producer and the location of the pool is concluded that a maximum rate of 4 that producers at Prairie Farms delivered plant where such milk is received. The cents per hundredweight is necessary at the same quality milk and their produc­ producer butterfat differential should be this time to provide sufficient administra­ tion is readily available for the market. fixed at one-tenth of the price of 92- tive funds. In the event a lesser amount A market-wide pooling arrangement score butter on the Chicago market mul­ proves to be sufficient provision is made would provide for equal prices for. milk tiplied by 1.2. This is the same as the' to enable the Secretary to reduce the as­ of equal quality delivered for sale in the handler butterfat differential for Class sessment at a later date. marketing area. II and approximates the average value (b) Deductions for marketing services. Under market-wide pooling two sepa­ of butterfat for manufacturing uses. Provision should be made for the dis­ rate producer settlement funds for mak­ The location allowances to producers semination of market information to ing adjustments in payments as among should be the same as those established producers and for the verification of handlers will be set up. One fund will weights and for the sampling and test­ be for Grade A milk, the other will be for handlers for milk used in Class I which are estimated to equal the cost of ing of milk received from producers Tor for Nongrade A milk. All handlers will whom such services are not being ren­ Fk y pro^ucers of the same grade of milk moving milk to the marketing area. All producers accordingly would receive the dered by a qualified cooperative associa­ the same uniform price per hundred­ tion. This provision, including the weight, and each handler will pay into same price for the same test of milk assessing of producers in payment there­ or draw from the producer-settlement f. o. b. marketing area. The producer of, is specifically authorized by the act. fund the difference between the actual butterfat differential and location allow­ Six cents per hundredweight or such use value of his milk (as determined by ances are merely means of prorating re- lesser rate as the Secretary may deter- 7332 PROPOSED RULE MAKING mine should be deducted by handlers of records and limitation of claims is § 916.5 Southern Illinois marketing from the payment to producers and equally applicable in this situation and area. “Southern Illinois marketing turned over to the market administrator is adopted as a part of this decision. area,” hereinafter called the “marketing to finance such services. This rate was General findings, (a) The proposed area,” means all of the territory within proposed by producer groups who have marketing agreement and the order and the Counties of Randolph, Perry, Frank­ had experience with check sampling, all of the terms and conditions thereof lin, Jackson, Williamson, Saline, Union, weighing, and testing programs in the will tend to effectuate the declared pol­ Johnson, Pope, Hardin, Alexander, Pu­ marketing area. In the event any quali­ icy of the act; laski, and Massac, all in the State of fied cooperative association is deter­ (b) The parity prices of milk as de­ Illinois. mined to be performing such services for termined pursuant to section 2 of the § 916.6 Delivery period. “Delivery any producer, handlers should pay to the act are not reasonable in view of the period” means a calendar month, or cooperative association such deductions price of feeds, available supplies of feeds, the portion thereof, during which this as are authorized by such producer in and other economic conditions which order is in effect. lieu of the payment to the market ad­ affect market supply of and demand for ministrator. milk in the marketing area, and the min­ § 916.7 Cooperative association. “Co­ (e) Other administrative provisions. imum prices specified in the proposed operative association” means any The other provisions of the order are marketing agreement and the order are cooperative marketing association of of a general administrative nature, are such prices as will reflect the aforesaid producers which the Secretary deter­ incidental to the other provisions of factors, insure a sufficient quantity of mines to be qualified under the provisions thg order, and are necessary for the pure and wholesome milk, and be in of the act of Congress of February 18, proper and efficient administration of the the public interest; and 1922, as amended, known as the “Cap- order. They provide for the selection (c) The proposed order will regulate per-Volstead Act,” and to have full of the market administrator, dëfine his the handling of milk in the same man­ authority in the sale of milk of its mem­ powers and duties, prescribe the infor­ ner as, and will be applicable only to bers and to be engaged in making col­ mation to be reported by handlers each persons in the respective classes of in­ lective sales or marketing milk or its month and the length of time that rec­ dustrial and commercial activity speci­ products for its members. ords must be retained. A plan for liqui­ fied in a marketing agreement upon § 916.8 Pool plant. “Pool plant” dation of the order in the event of its which a hearing has been held. means; suspension or termination should also be Proposed findings and conclusions. (a) Any plant which is used in the provided. ^Briefs were filed on behalf of Prairie processing and packaging of milk any Producer-handlers .should be exempt Farms Creamery of Carbondale and the portion of which is disposed of from from the regulatory provisions of the or­ majority of the handlers who would be such plant on wholesale or retail routes der except that they should be required regulated. The briefs contained pro­ (including plant stores or through ven­ to file reports as requested by the market posed findings of fact, conclusions, and dors) within the delivery period as administrator. Since a producer-han­ argument with respect to the proposals Class I milk in the marketing area, dler may change his status from time discussed at the hearing. Every point except the plant of a producer-handler to time it is necessary that the market covered in the briefs was carefully con­ and any plant from which Class I milk administrator have authority to require sidered along with the evidence in the is so disposed of and at which the only such reports as will enable him to verify record in making the findings and reach­ milk received is from producers as de­ the current status of a producer-handler ing the conclusions hereinbefore set fined under Order No. 3, as amended, and to supplement other market infor­ forth. To the extent that such sugges­ regulating the handling of milk in the mation. ted findings and conclusions contained St. Louis, Missouri, marketing area or A pool plant which is subject to the in the briefs are inconsistent with the Order No. 77, as amended, regulating regulatory provisions of another milk findings and conclusions contained here­ the handling of milk in the Paducah, marketing agreement or order issued in the request to make such findings or Kentucky, marketing area: pursuant to the act and which the Sec­ to reach such conclusions is denied on (b) A milk processing plant of a co­ retary determines disposes of a greater the basis of the facts found and stated operative association located inside the volume of its Class I milk in such other in connection with the conclusions in marketing area; or marketing area than in this marketing this decision. (c) Any plant which is us^|d in the area should be partially exempt from the Recommended marketing agreement receipt of milk and from which milk provisions of this order. It would be and order. The following order is rec­ in bulk is disposed of during any deliv­ impractical to attempt to regulate a ommended as the detailed and appropri­ ery period to a plant described in para­ handler under two separate orders with ate means by which these conclusions graph (a) of this section: Provided, respect to the same milk. Accordingly, may be carried out. The proposed mar­ That this definition shall include during it should be provided that if a pool plant keting agreement is not included be­ the delivery periods of February through disposes of a greater volume of its Class cause the regulatory provisions thereof August any plant which was used in the I milk in a marketing area, regulated by would be the same as those contained in receipt of milk and from which milk in another Federal milk marketing order, the order; bulk was disposed of to a plant described than is disposed of in this marketing DEFINITIONS under paragraph (a) of this section dur­ area such plant shall be exempt from ing each of the immediately preceding the reporting, pricing, payment, admin­ § 916.1 Act. “Act” means Public Act delivery periods of September through istrative assessment, and marketing No. 10, 73d Congress, as amended, and as January: And provided further, r That service provisions of this order. Such reenacted and amended by the Agricul­ this definition shall include during the a handler, however, should make reports tural Marketing Agreement Act of 1937, delivery periods of February through with respect to receipts and utilization as amended (7 U. S. C. 601 et seq.). August 1951 any plant which“ was used as the market administrator may § 916.2 Secretary. “Secretary” in the receipt of milk and from which require. means the Secretary of Agriculture on milk in bulk was disposed of to a plant The order should provide limitations other officer or employee of the United described in paragraph (a) of this sec­ on the period of time handlers shall States authorized to exercise the powers tion during each of the delivery periods retain books and records which are re­ or to perform the duties pursuant to from the effective date of this order quired to be made available to the_ mar­ the act of the Secretary of Agriculture. through the delivery period of January ket administrator, and on the period of 1951. time in which obligations under the or­ § 916.3 Department. “Department” means the United States Department of § 916.9 Nonpool plant. “Nonpool der shall terminate. The provision made plant” means any milk processing or in this regard is identical in principle Agriculture or such other Federal agency authorized to perform the price-report­ distributing plant other than a pool with the general amendment made to all ing functions specified herein. plant. orders in operation on July 30, 1947, ef­ fective February 22, 1949, and the Sec­ § 916.4 Person. “Person” means any § 916.10 Handler. “Handler” means retary’s decision of January 26, 1949 individual, partnership, corporation, as­ (a) any person in his capacity as oper­ (14 F. R. 444), covering the retention sociation, or any other business unit. ator of a bool plant; (b) a producer- Wednesday, November /, 1950 FEDERAL REGISTER 7333 handler; or (c) any cooperative associa­ (a) Within 30 days following the date be prorated to each class in the propor­ tion with respect to the milk of any on which he enters upon his duties, or tion that the total receipts of producer producer which it causes to be diverted such lesser period as may be prescribed milk by such handler were used in each from a pool plant to a nonpool plant for by the Secretary, execute and deliver to class; and the account of such association. the Secretary a bond, effective as of the (k) Prepare and disseminate publicly § 916.11 Producer. “Producer” means date on which he enters upon such duties such statistics and information as he any person, other than a producer- and conditioned upon the faithful per­ deems advisable and as do not reveal handler, who produces milk which is: formance of such duties, in an amount confidential information. and with surety thereon satisfactory to (a) Received at a pool plant; or (b) REPORTS, RECORDS, AND FACILITIES diverted from a pool plant to any milk the Secretary; distributing or milk manufacturing (b) Employ and fix the compensation § 916.30 Delivery period reports of re­ plant: Provided, That any such milk of such persons as may be necessary to ceipts and utilization. On or before the so diverted shall be deemed to have enable him to administer its terms and 7th day after the end of each delivery been received by the handler for whose provisions ; period each handler, except a producer- account it was diverted: And provided (c) Obtain a bond in a reasonable handler, shall report to the market ad­ further, That a person defined as a pro­ amount and with reasonable surety ministrator in the detail and on forms ducer under the provisions of Order No. thereon covering each employee who prescribed by the market administrator: 3, as amended, regulating the handling handles funds entrusted to the market (a) The quantities of skim milk and of milk in the St. Louis, Missouri, mar­ administrator; butterfat contained in all receipts at his keting area or Order No. 77, as amended, (d) ' Pay out of the funds provided bypool plant(s) within such delivery period regulating the handling of milk in the § 916.88 the cost of his bond and of the (1) of Grade A producer milk, (2) of Paducah, Kentucky, marketing area, bonds of his employees, his own com­ Nongrade A producer milk, (3) from shall not be a producer for the same pensation, and all other expenses (ex­ other handlers, and (4) of other source milk under the provisions of this order. cept those incurred under § 916.87) milk; . necessarily incurred by him in the main­ (b) The utilization of all skim milk § 916.12 Grade A producer. “Grade tenance and functioning of his office and and butterfat required to be reported A producer” means a producer whose in the performance of his duties; pursuant to paragraph (a) of this sec­ milk complies with the quality require­ (e) Keep such books and records as tion; ments of the Grade A milk ordinance of will clearly reflect the transactions pro­ (c) The name and address of each the applicable political subdivision of vided for herein, and upon request by the producer from whom milk was received the State of Illinois or the Grade A milk Secretary surrender the same to such for the first time and the date on which and Grade A milk products laws of the other person as the Secretary may desig­ . such milk was first received; State of Illinois and is permitted by the nate; (d) The name and address of each Illinois State Health Department to be (f) Submit his books and records to producer who discontinued deliveries of sold under a Grade A label as fluid milk examination by the Secretary and fur­ milk and the date on which delivery in the marketing area. nish such information and reports as ceased; §916.13 Nongrade A producer.( may be requested by the Secretary; (e) The total pounds of milk, with the “Nongrade A producer” means a pro­ (g) Audit all reports and payments average butterfat test thereof, received ducer other than a Grade A producer. by each handler by inspection of such from each producer for whom a coopera­ handler’s records and of the records of tive association is to receive payment § 916.14 Other source milk. “Other any other person upon whose utilization source milk” means all skim milk and pursuant to § 916.80 (b) ; and the classification of skim mijk or butter- (f) Such other information with re­ butterfat received in any form from a fat for such handler depends; producer-handler or from a source other spect to receipts and utilization as the ‘(h) Publicly announce by posting in market administrator may prescribe. than producers or other handlers ex­ a conspicuous place in his office and by cept any nonfluid milk product received such other means as he deems appropri­ § 916.31 Other reports. Each han­ and disposed of in the same form. ate the prices determined for each de­ dler shall-report to the market admin­ § 916.15 Producer - handler. “Pro­ livery period as follows: istrator, in the detail and on forms ducer-handler” means any person who (1) On or before the 5th day after the prescribed by the market administrator processes milk from his own farm pro­ end of such delivery period, the mini­ as follows, except that each producer- duction all or a portion of which is dis­ mum class prices and the butterfat handler shall report to the market ad­ posed of within the marketing area as differentials for each class computed ministrator at such time and in such Class I milk, and who receives no milk pursuant to §§ 916.50 and 916.51; and manner as the market administrator from producers. (2) On or before the' 12th day after may request: the end of such delivery period, the uni­ (a) On or before the 20th day after MARKET ADMINISTRATOR form prices computed pursuant to the end of each delivery period his pro­ § 916.20 Designation. The agency § 916.71 and the butterfat differential ducer payroll for such delivery period, for the administration hereof shall he a computed pursuant to § 916.81 ; which shall show: market administrator, selected by the (i) Publicly announce, unless other­ (1) The total pounds of milk received Secretary, who shall be entitled to such wise directed by the Secretary, by post­ from each producer with the average compensation as may be determined by, ing in a conspicuous place in his office butterfat test thereof, and and shall be subject to removal at the dis­ and by such other means as he deems (2) The net amount of such handler’s cretion of, the Secretary. appropriate, the name of any person payment to each producer or cooperative who within 15 days after the day upon association, together with the price, de­ § 916.21 Powers. The market admin­ ductions, and charges involved. istrator shall have the following powers which he is required to perform such with respect to this order: acts, has not made: (1) reports pursu­ § 916.32 Records and facilities. Each (a) To administer its terms and pro­ ant to §§ 916.30 and 916.31, or (2) pay­ handler shall maintain and make avail­ visions: ments pursuant to §§ 916.80 through able to the market administrator during , (b) To receive, investigate, and report 916.86; the usual hours of business, such ac­ to the Secretary complainte of violas (j) On or before the 12th day after counts and records of his operations and tions; the end of each delivery period, report such facilities as are necessary for the (c) To make rules and regulations to to each cooperative association which so market administrator to verify or to es­ effectuate its terms and provisions; and requests the amount and class utilization tablish the correct data with respect to : (d) To recommend amendments to of milk caused to be delivered by such (a) The receipts and utilization of all the Secretary. cooperative association, either directly skim milk and butterfat; § 916.22 Duties. The market ad­ or from producers who are members of (b) The weights, samples, and tests such cooperative association^ to each ministrator shall perform all duties for butterfat and for other content of handler to whom the cooperative asso­ all milk, skim milk, cream, and milk necessary to administer the terms and ciation sells milk. For the purpose of provisions of this order, including but products handled; this report, the milk caused to be so de­ (c) Payments to producers and coop­ not limited to the following: livered by a cooperative association shall erative associations; and 7331 PROPOSED RULE MAKING

(d) The pounds of skim milk and but- § 916.42 Responsibility of handlers compute the total pounds of skim milk terfat contained in or represented by all and reclassification of milk, (a) All and butterfat, respectively, in Class I milk, skim milk, cream, and each milk skim milk and butterfat shall be classi­ milk and Class II milk for such handler. product on hand at the beginning and fied as Class I milk, unless the handler § 916.45 Allocation of skim milk and end of each delivery period. who first received such skim milk and butterfat classified. The pounds of butterfat proves to the market admini­ skim milk and butterfat remaining in § 916.33 Retention of records. All strator that such skim milk or butterfat books and records required under this each class after making the following order to be made available to the market should be classified in Class II. computations for each handler for each administrator shall be retained by the (b) Any skim milk or butterfat classi­ delivery period shall be the pounds of handler for a period of three years to fied (except that transferred to a pro­ skim milk and butterfat in such class begin at the end of the calendar month ducer-handler) in one class shall be allocated to producer milk received by to which such books and records per­ reclassified if used or reused by such such handler during such délivery period. tain : Provided, That if within such three handler or by another handler in an­ (a) Skim milk shall be allocated as year period, the market administrator other class. follows : notifies the handler in writing that the § 916.43 Transfers. Skim milk or (1) Subtract from the pounds of skim retention of such books and records, or butterfat disposed of by a handler milk in each class the total pounds of of specified books and records, is neces­ either by transfer or diversion shall be skim milk received by such handler in sary in connection with a proceeding un­ classified: milk from producers as defined under der section 8c (15) (A) of the act or a (a) As Class I milk if transferred or Order No. 3, as amended, regulating the court action specified in such notice, the diverted in the form of milk, skim milk, handling of milk in the St. Louis, Mis­ handler shall retain such books and rec­ or cream to a pool plant of another souri, marketing area, and Order No. 77, ords, or specified books and records, until handler (except a producer-handler) as amended, regulating the handling of further written notification from the unless utilization in Class II is mutually milk in the Paducah, Kentucky, market­ market administrator. In either case, indicated in writing to the market ad­ ing area, and assigned to such class pur­ the market administrator shall give fur­ ministrator by both handlers on or be­ suant to the provisions of such order: ther written notification to the handler fore the 7th day after the-end of the (2) Subtract from the total pounds promptly upon the termination of the delivery period within which such trans­ of skim milk in Class II the plant shrink­ litigation or when the books and records action occurred, but in no event shall age of skim milk in milk received from are no longer necessary in connection the amount classified in Class II exceed producers computed pursuant to therewith. the total use in such class by the trans­ § 916.41 (b) (3); CLASSIFICATION feree-handler: Provided, That if either (3) Subtract from the pounds of skim or both handlers have received other milk remaining in each class, in series § 916.40 Skim milk and butter fat to source milk, such milk so disposed of beginning with Class II milk, the pounds 'be classified. All skim milk and butter- shall be classified at both plants so as of skim milk in other source milk; fat received within the delivery period to return the higher class utilization to (4) Subtract from the pounds of skim and which is required to be reported producer milk: And provided furthers milk remaining in each class the pounds pursuant to §916.30 shall be classified That if either or both handlers have of skim milk received from other by the market administrator pursuant received Grade A producer milk, such handlers and assigned to such class to the provisions of §§916.41 through milk so disposed of shall be classified pursuant to § 916.43 (a) ; 916.46. (5) Add to the pounds of skim milk \ at both plants so as to return the higher § 916.41 Classes of utilization. Sub­ class utilization to Grade A producer remaining in Class II milk the pounds ject to the conditions set forth in milk. r of skim milk subtracted pursuant to §§916.42 through 916.43 the classes of (b) As Class I milk if transferred or subparagraph (2) of this paragraph; or utilization shall be as follows: diverted in the form of milk, skim milk, if the pounds of skim milk remaining in (a) Class I milk shall be all skim milk or cream to a producer-handler. all classes exceed the pounds of skim and butterfat disposed of in fluid form (c) As Class I milk if transferred or milk in producer milk, subtract such ex­ (except for livestock feed) as milk, skim diverted in the form of milk, skim milk, cess from the pounds of skim milk re­ milk, buttermilk, milk drinks (whether or cream to a nonpool plant, except that maining in each class in series beginning plain or flavored), cream (including of a producer-handler, unless: with Class II. sour cream), any mixture of cream and (1) The handler claims Class II on (b) Allocate the pounds of butterfat milk, or skim milk (except bulk ice cream the basis of a utilization mutually indi­ in each class to producer milk in the same mix, eggnog, reddi wip, instant whip, cated in writing to the market adminis­ manner prescribed for skim milk in para­ super whip, and other similar products), trator by both the operator of the graph (a) of this section. and all skim milk and butterfat not spe­ nonpool plant and the handler on or be­ § âtf.6.46 Allocation of producer milk cifically accounted for under paragraph fore the 7th-day after the end of the classified. For each delivery period the (b) of this section. delivery period within which such trans­ market administrator shall allocate the (b) Class II milk shall be all skim fer occurred; pounds of producer skim milk and but­ milk and butterfat accounted for (1) (2) The operator of the nonpool plant terfat in each class for each handler as having been used or disposed of in any maintains books and records showing computed pursuant to § 916.45 to Grade product other than those ¡specified in the utilization of all skim milk and but­ A producer milk and to Nongrade A pro­ paragraph (a) of this section; (2) as terfat at such plant which are made ducer milk received by such handler disposed of for livestock feed; (3) in ac­ available if requested by the market ad­ during such delivery period. tual plant shrinkage of skim milk and ministrator for the purpose of verifica­ (a) Skim milk shall be allocated as butterfat received in , producer -milk, tion; and follows: but not in excess of 2 percent of such re­ (3) Not less than an equivalent (1) Allocate to Class II skim milk the ceipts of skim milk and butterfat, re­ amount of skim milk and butterfat was plant shrinkage of skim milk in Grade spectively, and (4) in actual plant actually utilized in such plant in the use A producer milk computed pursuant to shrinkage of skim milk and butterfat in indicated in such statement: Provided, § 916.41 (b) (3) ; other source milk received: Provided, That if upon inspection of the records of (2) Allocate the remaining pounds of That if milk from more than one source such plant it is found that an equivalent skim milk in Grade A producer milk in (Grade A producer milk, Nongrade A amount of skim milk and butterfat was series beginning with Class I ; producer milk, and other source milk) not actually used in such indicated use (3) The pounds of skim milk remain­ is received at a pool plant during the the remaining pounds shall be classified ing in each class shall be the pounds same delivery period the shrinkage of as Class I. of skim milk in such class allocated to skim milk and butterfat, respectively, § 916.44 Computation of skim milk Nongrade A producer milk received by allocated to each source shall be com­ and butterfat in each class. For each such handler during such delivery puted pro rata according to the propor­ delivery period, the market administra­ period. tions of the volumes of skim milk and tor shall correct for mathematical and (b) Butterfat shall be allocated in the butterfat, respectively, received from other obvious errors the delivery period same manner prescribed for skim milk such sources to their total. report submitted by each handler and in paragraph (a) of this section. Wednesday, November 1, 1950 FEDERAL REGISTER 7335

(c) Add the pounds of skim milk and tor, of the daily wholesale selling prices APPLICATION OP PROVISIONS the pounds of butterfat allocated to (using the midpoint of any price range Grade A producer milk in each class, re­ as one price) of Grade A (92-score) bulk § 916.60 Producer-handlers. Sections spectively, and the pounds of skim milk creamery butter per pound at Chicago, 916.40 through 916.46, 916.50 through and the pounds of butterfat allocated to as reported by the Department during 916.52, 916.70, 916.71, and 916.80 through Nongrade A producer milk in each class, the delivery period, and add 20 percent 916.88 shall not apply to a producer- respectively, as computed pursuant to thereof; handler. paragraphs (a) and (b) of this section (ii) From the simple average, as com­ § 916.61 Pool plants subject to other and determine the percentage of butter­ puted by the market administrator, of orders. In the case of any pool plant fat in Grade A producer milk and Non­ the weighted averages of the carlot prices which is subject to the regulatory pro­ grade A producer milk, respectively, in per pound for nonfat dry milk solids, visions of another milk marketing agree­ each class. spray and roller process, respectively, for ment or order (other than Order No. 3, MINIMUM PRICES human consumption, f. o. b. manufac­ as amended, regulating the handling of § 916.50 Class prices. Subject to the turing plants in the Chicago area as pub­ milk in the St. Louis, Missouri, market­ provisions of §§ 916.51 and 916.52 each lished for the period from the 26th day ing area, or Order No. 77, as amended, handler shall pay producers at the time of the preceding month through the 25th regulating the handling of milk in the and in the manner set forth in §§ 916.80 day of the current month by the Depart­ Paducah, Kentucky, n^irketing area) ment, deduct 5 V2 cents, and then multi­ issued pursuant to the act and which through 916.86 not less than the follow­ ply by 7. ing prices per hundredweight of milk: the Secretary determines disposes of a (a) Class I milk—(1) Grade A. The § 916.51 Butterfat differential to han­ greater volume of its Class I milk in the price for Grade A Class I milk shall be dlers. If the weighted average butterfat marketing area as defined by such other the basic formula price computed by the test of Grade A producer milk or Non­ agreement or order than is disposed of market administrator in accordance grade A producer milk, respectively, in the marketing area as defined by this with the pricing provisions of Order No. classified in Class I milk or Class II milk order, §§ 916.30 through 916.32, 916.50 3 regulating the handling of milk in the for a handler pursuant to § 916.46 (c) through 916.52, 916.70, 916.71, and 916.80 St. Louis, Missouri, marketing area, plus is more or less than 3.5 percent, there through 916.88 of this order shall not the following amounts per hundred­ shall be added to, or subtracted from, apply, except that the operator of such weight: $1.35 for the delivery periods of as the case may be, the appropriate pool plant shall make reports to the mar­ July through December; $0.90 for the class price for such grade of milk, for ket administrator, with respect to his delivery periods of January through each one-tenth of 1 percent that such total receipts and utilization of skim March; and $0.50 for the delivery pe­ weighted average butterfat test of milk milk and butterfat, at such time and in riods of April through June. in such class is above or below 3.5 per­ such manner as the market administra­ (2) Nongrade A. The price for Non­ cent, a butterfat differential calculated tor may require and shall allow verifi­ grade A milk shall be the price com­ as follows: cation of such reports by the market puted for Grade A milk pursuant to (a) Class I milk—(1) Grade A. Mul­ administrator pursuant to § 916.32. subparagraph (1) of this paragraph less tiply by 1.25 the simple average, as com­ DETERMINATION OP UNIFORM PRICE 40 cents. puted by the market administrator, of § 916.70 Computation of value of milk. (b> Class II milk. The price for the daily wholesale selling prices (using The value of Grade A producer milk and Class n milk shall be the higher of the the midpoint of any price range as one of Nongrade A producer milk, respec­ prices per hundredweight for milk of 3.5 price) of Grade A (92-score) bulk cream­ tively, received during each delivery percent butterfat content computed pur­ ery butter per pound at Chicago as re­ period by each handler shall be a sum of suant to subparagraph (1) or (2) of this ported by the Department during the money computed by the market adminis­ paragraph. delivery period, and divide the result by trator by multiplying the pounds of such (1) The arithmetic average of the 10. milk in each class by the applicable class basic, or field, prices paid or to be paid (2) Nongrade A. Multiply by 1.22 the prices and adding together the resulting per hundredweight for milk of 3.5 percent average price of butter computed pur­ amounts: Provided, That if the handler butterfat content received from farmers suant to subparagraph (1) of this para­ had an overage of either skim milk or during the delivery period at the follow­ graph, and divide the result by 10. butterfat, such excess as deducted from ing plants or places for which prices (b) Class II milk. Multiply by 1.20 each class pursuant to § 916.45 (a) (5) have been reported to the market admin­ the average price of butter computed or (b) shall be ratably apportioned be­ istrator or to the Department: pursuant to paragraph (a) (1) of this tween the receipts of Grade A and Non­ Concern and Location section, and divide the result by 10. grade A producer milk and there shall be Carnation Co., Ava, Mo. § 916.52 Location differential to han­ added to the respective values computed Carnation Co., Seymour, Mo. dlers. With respect to skim milk and above an amount computed by multiply­ Pet Milk Co., Greenville, 111. butterfat contained in milk which is re­ ing the pro rata pounds of such overages Litchfield Creamery Co.. Litchfield, HI. by the applicable class prices: And pro­ Indiana Condensed Milk Co., Bunker Hill, ceived from producers at a pool plant HI. located outside of the marketing area vided further, That If the handler has received other source milk, other than Borden Co., Mount Pleasant, Mich. and which is classified as Class I milk, Carnation Co., Sparta, Mich. a handler shall be allowed the amount milk priced under another marketing Pet Milk Co., Hudson, Mich. per hundredweight set forth in the agreement or order issued pursuant to Pet Milk Co., Wayland, Mich. schedule below: Provided, That such an the act, during the delivery period, which Pet Milk Co., Coopersville, Mich. allowance shall not result in a Class I is allocated to Class I milk pursuant to Borden Co., Greenville, W£s. price, f. 0 . b. pool plant, which is less paragraph (a) (3) or (b) of § 916.45, an Borden Co., Black Creek, Wis. than the Class n price computed pur­ amount computed by multiplying the Borden CO., Orfordville, Wis. quantity of such Class I milk by the Carnation Co., Chilton, Wis. suant to § 916.50 (b): Carnation Co., Berlin, Wis. Amount per difference between the applicable price Carnation Co., Richland Center, Wis. Distance from the hundredweight of Class I milk and Class II milk, for the Carnation Co., Oconomowoc, Wis. marketing area (cents) lowest grade of milk received from pro­ Carnation Co., Jefferson, Wis. Not more than 10 miles______6 ducers at the plant of such handler, shall Pet Milk Co., New Glarus, Wis. More than 10 but not more than 20 be added to the value computed pursuant Pet Milk Co., Belleville, Wis. miles______12 to this section for the lowest grade of Borden Co., New London, Wis. More than 20 but not more than 30 milk. white House Milk Co., Manitowoc, Wis. m iles______14 White House Milk Co., West Bend, Wis. More than 30 but not more than 40 § 916.71 Computation of uniform. miles______16 prices. For each delivery period the (2) The price per hundredweight More than 40 but not more than 50 market administrator shall compute computed by adding together the plus miles______;______is More than 50 but not more than 60 separately the uniform prices per hun­ values pursuant to subdivisions (i) and miles______20 dredweight for Grade A milk and Non- ui) of this subparagraph. More than 60 but not more than 70 grade A milk of 3.5 percent butterfat (i) Multiply by 3.5 the simple average, miles______22 content received from producers as as computed by the market administra­ More than 70 m iles..______24 follows: 7336 PROPOSED RULE MAKING

(a) Combine into separate totals the handler shall make such balance of pay­ § 916.70 is greater than an amount com­ values of Grade A milk and Nongrade A ment to those producers to whom it is puted by multiplying the hundredweight milk computed pursuant to § 916.70 for due on or before the date for making of milk received from such producers by all handlers who made the reports pur­ payments pursuant to this paragraph the applicable uniform price adjusted by suant to § 916.30 for such delivery period, next following that on which such bal­ the butterfat differential provided for in except those in default of payments re­ ance of payment is received from the § 916.81 and the location differential pro­ quired pursuant to § 916.84 for the pre­ market administrator. vided for in § 916.82. ceding delivery period; (b) On or before the 13th day after § 916.85 Payments out of the pro­ (b) Add to the respective values com­ the end of each delivery period, if so ducer-settlement funds. On or before puted pursuant to paragraph (a) of this requested, to a cooperative association the 14th day after the end of each de­ section the amount of any location ad­ with respect to producers whose milk livery period, the market administrator justment required to be made pursuant faas caused to be delivered to such han­ shall pay to each handler the amount, to § 916.82 with respect to such milk; dler during such delivery period by such if any, by which the utilization value (c) Add amounts representing the cash cooperative association which is au­ of the respective grade of milk received balances on hand in the respective pro­ thorized to collect payment for such from producers by such handler during ducer settlement funds less the total milk, an amount equal to the sum of the delivery period as computed pursu­ amount of contingent obligations to han­ the individual payments otherwise pay­ ant to § 916.70 is less than an amount dlers pursuant to § 916.85; able to such producers in accordance computed by multiplying the hundred­ (d) Subtract if the weighted average with paragraph (a) of this section. weight of milk received from such pro­ butterfat content of the milk included § 916.81 Producer-"butterfat differen­ ducers by the applicable uniform price in the respective computations is greater tial. In making payments pursuant to adjusted by the butterfat differential than 3.5 percent, or add, if such average § 916.80, each handler shall add to or provided for in § 916.81 and the location butterfat content is less than 3.5 percent, subtract from the applicable uniform differential provided for in § 916.82: an amount computed as follows: Multi­ price for each one-tenth of one percent Provided, That if the balance in such ply the amount by which the average that the average butterfat content of producer-settlement fund is insufficient butterfat content of such milk varies the milk received from such producer to make all payments with respect to from 3.5 percent by the butterfat dif­ is above or below 3.5 percent, an amount such grade of milk pursuant to this sec­ ferential computed pursuant to § 916.81 computed by multiplying the average tion, the market administrator shall re­ and multiply the results by the total price of butter computed pursuant to duce uniformly such payments and shall hundredweight of Grade A or Nongrade §916.51 (a) (1), by 1.20, dividing the complete such payments as soon as the A milk, as the case may be, represented result by 10, and rounding to the nearest necessary funds are available. by the values included in paragraph (a) multiple of one-half cent. of this section; § 916.86 Adjustment of accounts. (e) Divide the resulting amounts by § 916.82 Location differential to pro­ Whenever audit by the market adminis­ the total hundredweight of Grade A and ducers. In making payments to pro­ trator of any handler’s reports, books, Nongrade A milk, respectively, repre­ ducers pursuant to § 916.80, each han­ records, or accounts discloses errors re­ sented by the values included in para­ dler shall deduct from thé applicable sulting in moneys due (a) the market uniform price for such producer with administrator from such handler, (b) graph (a) of this section; and such handler from the market adminis­ (f ) Subtract not less than 4 cents nor respect to milk received from such pro­ ducer at à pool plant located beyond the trator, or (c) any producer or coopera­ more than 5 cents from the amounts per tive association from such handler, the hundredweight computed pursuant to limits of the marketing area, the ap­ plicable amount set forth below: market administrator shall promptly no­ paragraph (e) of this section. The re­ tify such handler of any amount so due sulting figures shall be the uniform Amount per Distance from the hundredweight and payment thereof shall be made on prices for Grade A milk and Nongrade A or before the next date for making pay-. milk, respectively, of 3.5 percent butter­ marketing area (cents) Not more than 10 miles______6 ments set forth in the provisions under fat content received from producers. More than 10 but not more than 20 which such error occurred. • PAYMENTS m iles______12 More than 20 but not more than 30 § 916.87 Marketing service—(a) De­ § 916.80 Time and method of pay­ m iles______14 ductions. Except as set forth in para­ ment. Each handler shall make pay­ More than 30 but not more than 40 graph (b) of this section, each handler, ments as follows : m iles______16 in making payments to producers (other (a) On or before the 15th day after More than 40 but not more than 50 than himself) pursuant to § 916.80 shall m iles______18 deduct 6 cents per hundredweight, or the end of each delivery period, to each More than 50 but not more than 60 producer, except producers for whom m iles______20 such lesser amount as the Secretary may payment is received from the handler More than 60 but not more than 70 prescribe, with respect to all milk re­ by a cooperative association pursuant to m iles______:— - 22 ceived by such handler from producers paragraph (b) of this section, for all More than 70 miles------24 during the delivery period and shall pay milk received during such delivery period § 916.83 Producer-settlement funds. such deductions to the market adminis­ from such producer at not less than the trator on or before the 15th day after The market administrator shall estab­ the end of such delivery period. - Such applicable uniform price for such deliv­ lish and maintain two separate funds ery period computed pursuant to § 916.71, moneys shall be used by the market ad­ known as the “Grade A producer-settle­ ministrator to verify weights, samples, subject to the following adjustments; ment fund” and the “Nongrade A pro­ (1) The butterfat differential pursuant and tests of milk received from, and to ducer-settlement fund,” respectively, provide market information to, such to § 916.81; (2) less marketing service into which he shall deposit all payments deductions pursuant to § 916.87; (3) less producers. Such services shall be per­ made by handlers pursuant to §§ 916.61 formed in whole or in part by the market the location differentials computed pur­ (b), 916.84, and 916.86 and out of which suant to § 916.82; (4) less deductions administrator or by an agent engaged he shall make all payments to handlers by and responsible to him. authorized by the producer; and (5) any pursuant to § § 916.85 and 916.86: Pro­ error in calculating payments to such vided, That payments due to any handler (b) Deductions with respect to mem­ individual producer for past delivery pe­ shall be offset by payments due from bers of a cooperative association. In the riods : Provided, That if by such date such handler. case of producers who are members of a such handler has not received full pay­ cooperative association, or who have giv­ ment for such delivery period for any § 916.84 Payments to the producer- en written authorization for the render­ gradé of milk pursuant to § 916.85, he settlement funds. On or before the 13th ing of marketing services and the taking may reduce uniformly per hundred­ day after the end of each delivery period, of deductions therefor by a cooperative weight for all producers from whom such each handler shall pay to the market administrator the amount, if any, by association, and for whom the Secretary grade of milk was received his payments determines such association is actually pursuant to this paragraph by an which the utilization value of the re­ amount not in excess of the per hun­ spective grade of milk received from performing the services set forth in par­ dredweight reduction in payment from producers by such handler during the de­ agraph (a) of this section, each handler the market administrator; however, the livery period as computed pursuant to shall make, in lieu of the deductions Wednesday, November 1, 1950 FEDERAL REGISTER 7337

specified in paragraph (a) of this sec* of the handler against whom the obliga­ § 916.101 Separability of provisions. tion, such deductions as are authorized tion is sought to be imposed. If any provision hereof, or its applica­ by such producers and on or before the (d) Any obligation on the part of the tion to any person or circumstances, is 15th day after the end of such delivery market administrator to pay a handler held invalid, the application of such pro­ period shall pay over such deductions to any money which such handler claims vision and of the remaining provisions the .cooperative association rendering to be due him under the terms of this hereof, to other persons or circum­ such service. order shall terminate two years after the stances shall not be affected thereby. § 916.88 Expense of administration. end of the calendar month during which Piled at Washington, D. C., this 27th As his pro rata share of the expense of. the milk involved in the claim was re­ day of October 1950. administration hereof, each handler ceived if an underpayment is claimed, or two years after the end of the cal­ [seal] J ohn I. T hompson, shall pay to the market administrator on Assistant Administrator. or before the 15th day after the end of endar month during which the payment the delivery period, 4 cents per hundred* (including deduction or set-off by the [P. R. Doc. 50-9672; Filed, Oct. 31, 1950; weight or such lesser amount as the Sec­ market administrator) was made by the 8:53 a. m.] retary may prescribe with respect to all handler if a refund on such payment is receipts at his pool plant within the de­ claimed, unless such handler, within the livery period of milk from producers, in­ applicable period of times, files, pursu­ CIVIL AERONAUTICS BOARD ant to section 8c (15) (A) of the act, a cluding such handler’s own production: [ 14 CFR, Parts 24, 26, 27, 51 1 Provided, That each cooperative associ­ petition claiming such money. nnual xperience eports ation shall pay such pro rata expense on EFFECTIVE TIME, SUSPENSION, OR A E R only that milk of producers for which it TERMINATION NOTICE OF PROPOSED RULE MAKING is a handler. § 916.90 Effective time. The provi­ Pursuant to authority delegated by the § 916.89 Termination of obligations. sions hereof or any amendment hereto Civil Aeronautics Board to the Bureau The provisions of this section shall apply shall become effective at such time as of Safety Regulation, notice is hereby to any obligation under this order for the the Secretary may declare and shall given that the Bureau will propose to payment of money. continue in force until suspended or ter­ the Board amendments of Parts 24, 26, (a) The obligation of any handler to minated pursuant to § 916.91. 27, and 51 in substance as hereinafter set pay money required to be paid under the forth. terms of this order shall, except as pro­ § 916.91 Suspension or termination. Interested persons may participate in vided in paragraphs (b) and (c) of this The Secretary may suspend or terminate the making of the proposed rules by sub­ section, terminate two years after the this order or any provision hereof when­ mitting such written data, views, or last day of the calendar month during ever he finds this order or any provision arguments as they may desire. Com­ which the market administrator receives hereof obstructs or does not tend to ef­ munications should be submitted in the handler’s utilization report on the fectuate the declared policy of the act. duplicate to the Civil Aeronautics Board, milk involved in such obligation, unless This order shall terminate in any event attention Bureau of Safety Regulation, within such two-year period the market whenever the provisions of the act au­ Washington 25, D. C. All communica­ administrator notifies the handler in thorizing it cease to be in effect. tions received by December 5, 1950, will writing that such money is due and § 916.92 Continuing obligations. If, be considered by the Board before taking payable. Service of such notice shall be upon the suspension or termination of further action on the proposed rules. complete upon mailing to the handler’s any or all provisions of this order, there Copies of such communications will be last known address, and it shall contain are any obligations thereunder the final available after December 8, 1950, for but need not be limited to, the following accrual or ascertainment of which re­ perusal by interested persons at the information: quires further acts by any person (in­ Docket Section of the Board, Room 5412, (1) The amount of the obligation; cluding the market administrator), such Commerce Building, Washington, D. C. (2) The month(s) during which the further acts shall be performed notwith­ Currently effective Parts 24, 26, 27, milk, with respect to which the obliga­ standing such suspension or termination. and 51 require holders of aircraft tion exists, was received or handled; and mechanic, air-traffic control-tower op­ (3) If the obligation is payable to § 916.93 Liquidation. Upon the sus­ erator, aircraft dispatcher, and ground one or more producers or to an associa­ pension or termination of the provisions instructor certificates to transmit to the tion of producers, the name of such pro­ hereof, except this section, the market Administrator, annually, during the ducer (s) or association of producers, or administrator, or such other liquidating month of January, a report for the pre­ if the obligation is payable to the mar­ agent as the Secretary may designate, ceding 12-month period, setting forth ket administrator, the account for which shall if so directed by the Secretary, the amount and type of their aeronauti­ it is to be paid. liquidate the business of the market ad­ cal experience and such other pertinent (b) If a handler fails or refuses, with ministrator’s office, dispose of all prop­ data as the Administrator may require. respect to any obligation under this erty in his possession or control, The proposed amendments would delete order, to make available to the market including accounts receivable, and exe­ this requirement, and in the future no administrator or his representatives all cute and deliver all assignments or other report would be required of those indi­ books and records required by this order instruments necessary or appropriate to viduals. to be made available, the market admin­ effectuate any such disposition. If a This Bureau has been advised by the istrator may, within the two-year period liquidating agent is so designated, all Administrator of Civil Aeronautics that provided for in paragraph (a) of this assets, books, and records of the market this report no longer serves the purpose section, notify the handler in writing of administrator shall be transferred for which it was originally intended and such failure or refusal. If the market promptly to such liquidating agent. If, that the Administrator can obtain the administrator so notifies a handler, the upon such liquidation, the funds on hand information furnished by these reports said two-year period with respect to such exceed the amounts required to pay out­ by contacting the individuals should the obligation shall not begin to run until standing obligations of the office of the necessity therefor arise. He therefore the first day of the calendar month fol­ market administrator and to pay neces­ recommends that the Board remove this lowing the month during which all such sary expenses of liquidation and distribu­ reporting requirement. In this connec­ books and records pertaining to such tion, such excess shall be distributed to tion, it should be noted that revised Part obligation are made available to the contributing handlers and producers in 25, recently adopted by the Board, does market administrator or his representa­ an equitable manner. not require the filing of an annual ex­ tives. MISCELLANEOUS PROVISIONS perience report by parachute riggers. (c) Notwithstanding the provisions of The reporting requirement was omitted paragraphs (a) and (b) of this section, §916.100 Agents. The Secretary may, from Part 25 for the same reasons as a handler’s obligation under this order by designation in writing, name any presented in substantiation of this pro­ to pay money shall not be terminated officer or employee of the United States posal. with respect to any transaction involving to act as his agent or representative in x Accordingly, it is proposed to delete fraud or willful concealment of a fact, connection with any of the provisions the provisions of §§ 24.45, 26.37, 27.15, material to the obligation, on the part hereof. and 51.6 of the Civil Air Regulations. No. 212----- 4 7338 PROPOSED RULE MAKING

These amendments are proposed under Washington, D. C., on the 23d day of FEDERAL SECURITY AGENCY the authority of Title VI of the Civil October 1950; Aeronautics Act of 1938, as amended. The Commission having under consid­ Food and Drug Administration eration a petition filed on October 9, (Sec. 205 (a), 52 Stat. 984, 49 U. S. C. 425 (a). I 21 CFR, Part 20 ] Interpret or apply secs. 601-610, 52 Stat. 1007- 1950, by Atlanta Newspapers, Inc., re­ 1012, 62 Stat. 1216, 49 U. S. C. 551-560, act of questing (1) that the comment filed late [Docket No. FDC-34 (a) J July 1, 1948) herein on April 7, 1950, by The Consti­ tution Publishing Company entitled “En­ I ce Cream, F rozen Custard, S herbet, Dated October 26, 1950, at Washing­ W ater I ces, and R elated F oods; D efi­ ton, D. C. dorsement of Counter-Proposal” be ac­ cepted for filing by the Commission; (2) nitions and S tandards of I dentity By the Bureau of Safety Regulation. that petitioner, as assignee of The Con­ notice of postponement of hearing [ s e a l ] J o h n M. C h a m b e r l a in , stitution Publishing Company, be sub­ In the matter of fixing and establish­ "Director. stituted as the party in said comment; ing definitions and standards of identity and (3) that petitioner be permitted to [P. R. Doe. 50-9637; Piled, Oct. 81, 1950; for ice cream, frozen custard, sherbet, 8:47 a. m.] testify with respect to the general issues water ices, and related foods: now being considered by the Commission Notice is hereby given that pursuant in the hearing herein Which commenced to an application made by International FEDERAL COMMUNICATIONS on October 16,1950; and Association of Ice Cream Manufacturers, It appearing that good and sufficient an interested person, the hearing in the COMMISSION reasons have been advanced for peti­ above-entitled matter for the purpose of [ 47 CFR, Part 3 ] tioner’s delay in seeking to intervene in taking additional evidence for use in the the television hearing now in progress, formulation of definitions and standards [Docket Nos. 8736, 8975, 8976, 9175] and that its proposed testimony is per­ of identity for ice cream, frozen custard, T elevision Broadcast Service tinent to the general issues presently be­ sherbet, water ices, and related foods, ing considered herein by the Commis­ heretofore announced in the F ederal ORDER GRANTING PETITION sion; R egister (15 F. R. 5112) to commence on In the matters of amendment of It is ordeted, That the above petition November 13, 1950, is postponed to 10:00 § 3.606 of the Commission’s rules and is granted and Atlanta Newspapers, Inc., o’clock in the morning of January 8, regulations, Docket Nos. 8736, 897ÎÎ, is listed as a party in the hearing which 1951, in room 5140, Federal Security amendment to the Commission’s rules, commenced on October 16, 1950, with Building, Fourth Street and Independ­ regulations and engineering standards respect to the general issues herein. ence Avenue SW., Washington, D. C. concerning the television broadcast serv­ F ederal Communications Dated: October 26, 1950. ice, Docket No. 9175, utilization of fre­ Commission, quencies in the Band 470 to 890 me. for [seal] T. J. Slowie, [seal] A. J. Altmeyer, , television broadcasting, Docket No. 8976. Secretary. Acting Administrator. At a session of the Federal Communi­ [P. R. Doc. 50-9661; Filed, Oct. 31, 1950; [F. R. Doc. 50-9624; Filed, Oct. 31, 1953; cations Commission held at its offices in 8:51 a. m.] 8:45 a. m.]

NOTICES

scheduled for November 6, 1950, be and FEDERAL POWER COMMISSION authorizing issuance of bonds and de­ bentures in the above-designated matter. it is hereby continued to November 8, [Docket No. G-1518] 1950, at 10:00 a. m., in the Commission’s [seal] L eon M. F uquay, Hearing- Room, at 1800 Pennsylvania T ranscontinental G as P ipe Lin e Corp. Secretary. Avenue NW., Washington, D. C. [F. R. Doc. 50-9634; Filed, Oct, 31, 1950; CORRECTION NOTICE [seal] Leon M. F uquay, 8:47 a. m.] Secretary. O ctober 27, 1950. [F. R. Doc. 50-9626; Filed, Oct. 31, 1950; The Notice of Application dated Oc­ 8:45 a. m.] tober 20, 1950, in the above-designated [Docket No. G-1308] matter (published in the F ederal R egis­ Southern Natural G as Co. ter on October 24, 1950, 15 F. R. 7131), CIVIL AERONAUTICS BOARD should be corrected as follows: NOTICE OF ORDER The date of October 29, 1950, appear­ O ctober 27, 1950. [Docket 3041 et al.] ing on line 4 of the first paragraph Notice is hereby given that, on October S eaboard & W estern Airlines, I nc.; should read October 20, 1950. 25, 1950, the Federal Power Commission T ransocean Air Lines, I nc.; U. S.- [seal] Leon M. F uquay, issued its order entered October 24,1950, E urope-M iddle East Cargo Service Secretary. amending order of May 18, 1950, pub­ Case lished in the F ederal R egister on May 27, IF. R. Doc. 50-9633; Filed, Oct. 31, 1950; 1950 (15 F. R. 3296), issuing certificate of notice of oral argument 8:46 a. m.] public convenience and necessity in the In the matter of the applications of above-designated matter. Seaboard & Wèstern Airlines, Inc. and [seal] Leon M. F uquay, Transocean Air, Lines, Inc., under sec­ Secretary. tion 401 of the Civil Aeronautics Act of [Docket No. E-6316] 1938, as amended, and such other sec­ [F. R. Doc. 50-9635; Filed; Oct. 31, 1950; California E lectric P ower Co. tions as may be applicablé, for certifi­ 8:47 a. m.] cates of public convenience and neces­ NOTICE OF ORDERS sity authorizing the transportation of property in air transportation between O ctober 27, 1950. [Docket Nos. G-1435, G-1463] areas and/or points in the continental Notice is hereby given that, on October Southern Natural G as Co. United States and areas and/or points 25, 1950, the Federal Power Commission notice of continuance of hearing in Europe and the Middle East known issued its orders entered October 24, as the U. S.-Europe-Middle East Cargo 1950, supplementing orders of October O ctober 26,1950. Service Case. 13, 1950, published in the F ederal R egis­ Notice is hereby given that the hear­ Notice is hereby "'ven, pursuant to the ter on October 21, 1950 (15 F. R, 7060), ing in the above-designated matter now provisions of- the 11 Aeronautics Act Wednesday, November 1, 1950 FEDERAL REGISTER 7339 of 1938, as amended, that oral argument [4th Sec. Application 25527] Commodities involved:.* Magazines, in the above-entitled proceeding is as­ Coal F rom Lake Superior Docks carloads. signed to be held on November 13, 1950, to M innesota From: Chicago, 111. at 10:00 a. m., e. s. t., in Room 5042, Com­ To: Kansas City, Mo.-Kans. merce Building, Fourteenth Street and APPLICATION FOR RELIEF Grounds for relief: Competition with Constitution Avenue NW., Washington, O ctober 27, 1950. motor carriers. D. C., before the Board.. Schedules filed containing proposed The Commission is in receipt of the rates: L. E. Kipp’s tariff I. C. C. No. Dated at Washington, D. C., October above-entitled and numbered application A-3733, Supplement 30. 26, 1950. for relief from the long-and-short-haul provision of section 4 (1) of the Inter­ Any interested person desiring the By the Civil Aeronautics Board. Commission to hold a hearing upon such state Commerce Act. application shall request the Commission [seal] M. C. Mulligan, Filed by: L. E. Kipp, Agent, for and on in writing so to do within 15 days from Secretary. behalf of carriers parties to the tariffs the date of this notice. As provided by [F. R. Doc. 50-9639; Filed, Oct. 31, 1950; named on attached sheet. the general rules of practice of the Com­ 8:47 a. m.] Commodities involved : Anthracite and mission, Rule 73, persons other than bituminous coal, carloads. applicants should fairly disclose their From: Lake Superior docks in Wiscon­ interest, and the position they intend INTERSTATE COMMERCE sin. to take at the hearing with respect to To: Points in Minnesota. COMMISSION the application. Otherwise the Commis­ Grounds for relief: Market competi­ sion, in its discretion, may proceed to # [4th Sec. Application 25526] tion and port competition. investigate and determine the matters Schedules filed containing proposed involved in such application 'without P etroleum F rom Chan, Okla., to rates: further or formal hearing. If. because I nterstate P oints of an emergency a grant of temporary APPLICATION FOR RELIEF Issuing line I. C. O. Supple­ relief is found to be necessary^,before Tariff No. ment No. the expiration of the 15-day period, a O ctober 27, 1950. hearing, upon a request filed within that CMStP&P RR...... B-7186 55 The Commission is in receipt of the CMStP&P RR...... B-7218 . 59 period, may be held subsequently. above-entitled and numbered application CMStP&P RR...... B-7287 120 CStPM&O Ry...... 4849 60 By the Commission, Division 2. for relief from the long-and-short-haul ON Ry...... ' ...... '...... A-7889 67 provision of section 4 (1) of the Inter­ ON Rÿ...... A-7891 59 [seal] W. P. Bartel, MStP&SSM RR...... * ...... 7035 48 Secretary. state Commerce Act. MStP&SSM RR...... __ 7063 39 Filed by: D. Q. Marsh, Agent, for and NP R y ...... 9540 57 [F. R. Doc. 50-9629; Filed, Oct. 31, 1950; on behalf of carriers parties to the tariffs 8:46 a. m.] named below. Any interested person desiring the Commodities involved: Petroleum and Commission to hold a hearing upon such its products, carloads. application shall request the Commission [4th Sec. Application 25529] From: Chan, Okla. in writing so to do within 15 days from To: Points in Illinois, Official, South­ the date,of this notice. As provided by M erchandise F rom Chicago, I I I ., io the ern, Southwestern, and Western Trunk the general rules of practice of the Com­ South mission, Rule 73, persons other than ap­ Line territories. APPLICATION FOR RELIEF Grounds for relief: Competition with plicants should fairly disclose their in­ terest, and the position they intend to O ctober 27, 1950. rail carriers, circuitous routes and to take at the hearing with respect to the The Commission is in receipt of the maintain grouping. application. Otherwise the Commission, Schedules filed containing proposed above-entitled and numbered application in its discretion, may proceed to investi­ for relief from the long-and-short-hàul rates: D. Q. Marsh’s tariffs, I. C. C. Nos. gate and determine the matters involved provision of section 4 (1) of the Inter­ 3585, 3821, 3802, 3825, 3651, 3724, 3723 in such application without further or state Commerce Act. and 3494, Supplements 431, 58, 73, 83, formal hearing. If because of an emer­ Filed by: R. G. Raasch, Agent, for and 239, 123, 133 and 202, respectively. gency a grant of temporary relief is on behalf of carriers parties to his tariff Any interested person desiring the found to be necessary before the expira­ I. C. C. No. 639. Commission to hold a hearing upon such tion of the 15-day period, a hearing, upon Commodities involved: Merchandise, application shall request the Commission a request filed within that period, may be mixed carloads. in writing so to do within 15 days from held subsequently. From: Chicago, 111. the date of this notice. As provided by By the Commission Division 2. To: Charlotte, N. C, and Greenville, S. C. the general rules of practice of the Com­ [seal] W. P. B artel, mission, Rule 73, persons other than Grounds for relief: Competition with Secretary. motor carriers. applicants should fairly disclose their [F. R. Doc. 50-9628; Filed, Oct. 31, 1950; Schedules filed containing proposed interest, and the position they intend to 8:46 a. m.] rates: R. G. Raasch’s tariff I. C. C. No. take at the hearing with respect to the 639, Supplement 26. application. Otherwise the Commission, Any interested person desiring the in its discretion, may proceed to investi­ Commission to hold a hearing upon such gate and determine the matters involved [4th Sec. Application 25528] application shall request the Commission in such application without further or in writing so to do within 15 days from M agazines F rom Chicago, III., to K ansas formal hearing. If because of an emer­ the date of this notice. As provided by City , M o.-K ans. gency a grant of temporary relief is found the general rules of practice of the Com­ to be necessary before the expiration of application for relief mission, Rule 73, persons other than the 15-day* period, a .hearing, upon a applicants should fairly disclose their October 27, 1950. interest, and the position they intend to request filed within that period, may be The Commission is in receipt of the take at the hearing with respect to the held subsequently. above-entitled and numbered applica­ application. Otherwise the Commission, By the Commission, Division 2. tion for relief from the long-and-short- in its discretion, may proceed to investi­ haul provision of section 4 (1) of the gate and determine the matters involved [seal] . W. P. Bartel, Interstate Commerce Act. in such application without further or Secretary. Filed by: L. E. Kipp, Agent, for and on formal hearing. If because of an emer­ [F. R. Doc. 50-9627; Filed, Oct. 31, 1950; behalf of carriers parties to his tariff gency a grant of temporary relief is 8:46 a. in.] I. C. C. No. A-3733. found to be necessary before the expira- 7340 NOTICES

tion of the 15-day period, a hearing, upon Radiation a request filed within that period, may be (in mv/m held subsequently. unattenu­ Probable date Call letters Location Power ated at 1 desig­ Class to commence By the Commission, Division 2. mile for nation operation 1 kw) [seal] W. P. B artel, Secretary. CKPR Fort William, Ontario, 89°15' 580 kilocycles, 1 kw__ 180 UIII-A [F. R. Doc. 50-9630; Filed, Oct. 31, 1950; 16"West—48°24'33" North. VOC1VÎ ___ Ü III-A 8:46 a. m.] 62°42'54" West—47°33'55" North. CFCH...... North Bay, Ontario, 79°24'53" 600 kilocycles, 1 kw__ 175, DA-1 U 1II-B West—46°15M9" North. [4th Sec. Application 25530] CJAT-. Trail, British Columbia, 610 kilocycles, 1 kw__ 185 u III-B 117°44'19" West—49°06'48" Woodpulp F rom Natchez, Miss., to Old North. CKTB...... St. Catherines, Ontario, 620 kilocycles, 1 kw___ DA-1 u III-B H ickory, T enn. 79°10'08" West — 43o02'll" North. APPLICATION FOR RELIEF CKRC___ Winnipeg, Manitoba, 97°08'07" 630 kilocycles, 5 kw__ 193. u III-A West—49o46,00" North. DA-N O ctober 27,1950. CFCY...... Charlottetown, Prince Ed- 630 kilocycles, 5 kw___ 180, u III-A ward Island, 63°11'40" DA-N The Commission is in receipt of the West—46014'51" North. above-entitled and numbered applica­ CBN__ 640 kilocycles, 10 kw. u I-B 52°47'52" West — 47°30'16" tion for relief from the long-and-short- North. (Special) haul provision of section 4 (1) of the CHFA...... Edmonton, Alberta. 113°26/44,/ 680 kilocycles, 5 kw___ DA-1 u II West—53°27'14" North. Interstate Commerce Act. VOWR___ St. John’s, Newfoundland, 700 kilocycles, 500 w__ •S. H. II Filed by: D. Q. Marsh, Agent, for and 52°43'30" West — 47°36'56" on behalf of carriers parties to Agent North. CKVM___ Ville Marie, Quebec, 79°27'10" 710 kilocycles, 1 kw__ DA-N u II C. A. Spaninger’s tariff I. C. C. No. 1051, West—47°18'23" North. pursuant to fourth-section order No. CBY...... Comer Brook, Newfoundland, u III-A 57°56'40" West—48°57'12" 16101. North. Commodities involved : Woodpulp, CKOK___ Penticton, British Columbia, 800 kilocycles, 500 w: u II Feb. 1,1951. 119°34'33" West—49°27'45" 1 kw—LS. carloads. North. From: Natchez, Miss. CKLW Windsor, Ontario,- 83°00'05" 800 kilocycles, 50 kw__ DA-2 u II To: Old Hickory, Tenn. West—42°03'18" North. OKBT_ . Prince Albert, Saskatchewan, 900 kilocycles, 5 kw__ DA-2 u II Grounds for relief: Circuitous routes. 105°45'17" West—53°06'18" Any interested person desiring the North. CKNB___ Cambellton, New Brunswick, 950 kilocycles, 1 kw__ DA-1 u IH-B Commission to hold a hearing upon such 66°35'09" West—48°00'54" application shall request the Commis­ North. VO CM...... St. John’s, Newfoundland, u II sion in writing so to do within 15 days (See assignment on 590kc) from the date of this notice. As pro­ 52°42'54" West—47°33'55" North. vided by the general rules of practice of CKRD___ Red Deer, Alberta 113°48'34" 1230 kilocycles, 250 w._ 190 u IV the Commission, Rule 73, persons other West—52°15'14" North. CHWK. Chilliwack, British Columbia,' 1230 kilocycles, 250 w_. 125 u IV than applicants should fairly disclose 121°55'00" West—49°10'30" their interest, and the position they in­ North. tend to take at the hearing with respect VOAR St. John’s, Newfoundland, <*> IV 52°43'26'/ West—47°33'52/' to tha application. Otherwise the Com­ North. mission, in its discretion, may proceed C £B B ...... Barrie, Ontario, 79°42'28" 1230 kilocycles, 250 w._ 176 u IV West—44°22'22" North. to investigate and determine the matters CKLD___ Thetford Mines, Quebec, 1230 kilocycles, 250 w._ 185 u IV involved in such application without 71°17'38" West—46°04'58" North. further or formal hearing. If because Dawson City, Yukon Terri- of an emergency a grant of temporary tory—delete this assignment. relief is found to be necessary before the See assignment of CF YT on 1400 kc. expiration of the 15-day period, a hear­ CRTS__ . Sherbrooke, Quebec, 71°52'08" 1240 kilocycles, 250 w._ 165 u IV ing, upon a request filed within that West—45°24'51" North. CKSB— St. Boniface, Manitoba, 1250 kilocycles, 1 kw__ DA-1 u III-B period, may be held subsequently. 97°03'36" West—49°51'49" "N. North. By the Commission, Division 2. CJSO_____ Sorel, Quebec, 73°10'06" 1320 kilocycles, 1 kw__ DA-N u III-B West—45°59'55" North. [seal] W. P. Bartel, CKDA___ Victoria, British Columbia, 1340 kilocycles, 250 w__ 185 u IV Secretary. 123°20/31,r West—48°27'27" North. [P. R. Doc. 50-9631; Piled, Oct. 31, 1950; CFGB...... Goose Bay, Labrador, 1340 kilocycles, 250 w__ u IV 8:46 a. m.] 60°15'28" West—53°10'56" \ North. CJOB____ Winnipeg, Manitoba, 97°07'02" 1340 kilocycles, 250 w„ 150 u IV West—49°53'54" North. CKMR___ New Castle, New Brunswick, 1340 kilocycles, 250 w__ 190 u IV FEDERAL COMMUNICATIONS 65°33'01" West — 47°00'32' North. COMMISSION CJNT____ Quebec, Quebec, 71°15'46" 1340 kilocycles, 250 w. 190 u IV West—46°48'31" North. B ahamas, Canada, Cuba, D ominican CHRL Roberval, Quebec, 72°14'45" 1340 kilocycles, 250 w „ 190 u IV R epublic, H aiti, and M exico Broad­ West—48°3Ó'13" Ñorth. C B T ... _ Grand Falls, Newfoundland, u III-A casting S tations 55°39'00" West — 48°56'14" North. list of corrections of assignments XETK. Mazatlan, Sinaloa, 106°25'13" 1390 kilocycles, 500 w: . u III-B West—23°13'01" North. 1 kw—LS. » September 28,1950. CBG. Gander, Newfoundland, 1450 kilocycles, 250 w. u IV 54°33'31" West — 48°58T9" Corrections to official list for informa­ North. tion setting forth assignments of Stand­ CFAB____ 1450 kilocycles, 250 w— 150 u IV 64o09'45,, West — 44°59'52" ard Broadcast Stations of Bahamas, North. Canada, Cuba, Dominican Republic, * Sundays only. Haiti, and Mexico, dated June 12, 1950. * 5 hours per week. Wednesday, November 1, 1950 FEDERAL REGISTER 7341 [Docket No. 7760] Radiation (in mv/m Chesapeake Broadcasting Co., Inc. unattenu­ Time Probable date Call letters Location Power desig­ Class to commence ORDER DENYING PETITION AND SCHEDULING ated at 1 nation operation mile for HEARING 1 kw) In re application of Chesapeake CKCR___ Kitchener, Ontario, 80°28'19" 1490 kilocycles, 250 w_. 130 U IV Broadcasting Company, Inc., Bradbury West—43°28'03" North. Heights, Maryland, for a construction CHUB----- Nanaimo, British Columbia, 1570 kilocycles, 250 w_. 180 U n 123058'1I" West—49°10'17" permit. Docket No. 7760, File No. BP- North. 4698. At a session of the .Federal Communi­ F ederal Communications Commission, cations Commission, held at its offices in [ s e a l ] T. J. Slow ie, Washington, D. C., on the 23d day of Secretary. October 1950; [F. R. Doc. 50-9658; Filed, Oct. 31, 1950; 8:50 a. m.] The Commission having under con­ sideration a petition filed June 26, 1950 by Chesapeake Broadcasting Company, Inc., requesting reconsideration and grant without hearing of its above-en­ Class B FM Broadcast Stations It further appearing that the nature of the proposed amendment is such as to titled application for a construction ALLOCATION OF CHANNELS IN FLORIDA render unnecessary the public notice and permit for a" new standard broadcast In the matter of amendment of revised procedure set forth in section 4 (a). of station to operate on the frequency 1540 tentative allocation plan for Class B FM the Administrative Procedure Act; and kc., with power of 1 kw., daytime only, broadcast stations to change channel that for the same reasons this order may at Bradbury Heights, Maryland; and allocations to Panama City and Pensa­ be made effective immediately in lieu of It appearing, that the above entitled the requirements of Section 4 (c) of said application was designated for hearing cola, Fla. on April 13, 1950, and that said hearing At a session of the Federal Communi­ act; and has been continued indefinitely pending cations Commission held at its offices in It further appearing that authority for the adoption of said amendment is con­ consideration of the instant petition; Washington, D. C., on the 23d day of and October 1950 : tained in sections 303 (c), (d) (f), and (r) and 307 (b) of the Communications It further appearing that, upon con­ The Commission having under consid-. sideration of the information contained eration an amendment to its Revised Act of 1934, as amended; It is ordered, That, effective immedi­ in the application and the said petition, Tentative Allocation Plan for Class B the proposed operation may not comply FM Broadcast Stations to change the ately, the Revised Tentative Allocation Plan for Class B FM Broadcast Stations with the Commission’s Standards of channel allocations to Panama City and Good Engineering Practice Concerning Pensacola, Fla., as follows: is amended so that Channel No. 255 is allocated to Panama City, Fla., in lieu of Standard Broadcast Stations, particu­ larly with regard to the coverage to be Channels Channel No. 283, and Channel No. 283 is allocated to Pensacola, Fla., in lieu of provided to the city of Washington, D. C., Channel No. 255. and the Washington, D. C., Metropolitan Delete Add District, and that for these reasons Released: October 25, 1950. among others the Commission is unable Pensacola, Fla. Channel No. 255.. Channel No. 283. to conclude that a grant of the above- Panama City, Channel No. 283.. Channel No. 255. F ederal Communications Fla. Commission, entitled application would serve public [seal] T. J. S low ie, interest, convenience and necessity; Secretary. It is ordered, That the said petition, and filed June 26, 1950, by Chesapeake It appearing, that there is now pend­ [F. R. Doc. 50-9660; Filed, Oct. 31, 1950; Broadcasting Company, Inc., is denied; ing before the Commission an applica­ 8:51 a. m.] It is further ordered, That the hearing tion for a Class B FM station at Panama in the above-entitled proceeding is City, Fla. ; that there are no other appli­ scheduled to commence at 10 a. m., on cations pending for Class B FM facilities [Designation Order 51] the 29th day of November 1950, at Wash­ at Panama City, Fla. ; that there are now ington, D. C. allocated to the Panama City, Fla., area D esignation of M otions Commissioner F ederal Communications two channels (No. 283 and 299) ; that for November 1950 Com m ission, Channel No. 255 requested by applicant, At a session of the Federal Communi­ is now allocated to Pensacola, Fla. ; that [seal] T. J. Slo w ie, cations Commission held at its offices in Secretary. said channel may be reassigned to Pan­ Washington, D. C„ on the 23d day of ama City, Fla., in lieu of Channel No. 283 October 1950: [F. R. Doc. 50-9657; Filed, Oct. 81, 1950; which may be assigned to Pensacola, It is ordered, Pursuant to section 0.111 8:50 a. m.] Fla. ; that operation of the proposed sta­ of thé Statement of Delegations of Au­ tion on Channel No. 255 at Panama City, thority, that George E. Sterling, Com­ Fla., would not cause objectionable in­ missioner, is hereby designated as [Docket No. 9303] terference with any station, existing, Motions Commissioner for the month of proposed or contemplated by present al­ November 1950. S outhern R adio & Equipment Co. locations; that in addition to Channel It is further ordered, That in the (WOBS) No. 255 there is at least one other chan­ event said Motions Commissioner is nel (No. 299) which is presently allocated ORDER DENYING PETITION AND SCHEDULING unable to act during any part of said HEARING to Panama City, which may be made period the Chairman or Acting Chair­ available to other applicants at that man will designate a substitute Motions In re application of Southern Radio place; that the adoption of the proposed Commissioner. and Equipment Company (WOBS), amendment will not increase or decrease Jacksonville, Florida, Docket No. 9303, the number of channels allocated to a^y F ederal Communications File No. BMP-3699, for modification of other city, and will not require a change Commission, construction permit. in the channel assignment of any exist­ [seal] T. J. Slowie, At a session of the Federal Communi­ ing FM authorization and that no exist­ Secretary. cations Commission, held at its offices in ing requirements of the Commission will [F. R. Doc. 50-9659; Filed, Oct. 31, 1950; Washington, D. C., on the 23d day of 4 be affected by said amendment ; and 8:50 a. m.] October 1950; 7342 NOTICES

The Commission having under con­ Idaho Falls, Idaho, requesting a contin­ It further appearing that the above- sideration a petition and supplements uance of the above-entitled proceeding entitled applications of Winter Garden thereto filed by Southern Radio and presently scheduled for October 30,1950, Broadcasting Company and of Commu­ Equipment Company for reconsideration for fifteen (15) days or the earliest nity Broadcasting Company may involve and grant without hearing of its above- available date thereafter when the Hear­ objectionable interference each with the entitled application for modification of ing Examiner’s schedule will permit; other; that the application of Winter construction permit Pile Number BP- and Garden Broadcasting Company may in­ 6268, as modified (which authorized a It appearing, that all parties to the volve objectionable interference with new standard broadcast station), insofar proceeding have consented to a grant of Station XEAS, Nuevo Laredo, Mexico; as it requests to change hours of opera­ this petition and to a waiver of § 1.745 of that the application of Community tion of Station WOBS, Jacksonville, the Commission’s rules and regulations Broadcasting Company may involve ob­ Florida from daytime only to unlimited so as to permit early consideration of jectionable interference with Station time, to install a directional antenna for this petition; and that good cause has KNAL, Victoria, Texas; and that the day and night use, and to change trans­ been shown in the petition for a grant operation proposed in the application of mitter location : thereof; Community Broadcasting Company may It is ordered, This 25th day of October involve overlap with the service area of It appearing, that the above-entitled Station KBKI, Alice, Texas, in contra­ application was dismissed on April 29, 1950, that the petition is granted; and 1949, insofar as it requests to specify the hearing in the above-entitled matter vention of § 3.35 of the Commission’s is hereby continued to 10:00 o’clock a.m., rules; and studio location and for extension of

[Docket No. 9659] designated for hearing on June 1, 1950, It is further ordered, That the order on engineering issues only, the hearing of the Commission dated June 1, 1950, M e l b o u r n e B roadcasting C o r p . (WMMB) being presently scheduled for October 31, designating the above-entitled applica­ ORDER CHANGING PLACE AND ADVANCING DATE 1950; tion of Robert Hecksher for hearing is OP HEARING- It is ordered, That, pursuant to section amended to include the above-entitled application of the Sarasota Broadcasting -In re application of Melbourne Broad­ 309 (a) of the Communications Act of 1934, as amended, the above-entitled ap­ Company and to revise the issues therein casting Corporation (WMMB), Mel­ to include and conform with all issues bourne, Florida, Docket No. 9659, File plication of the Sarasota Broadcasting Company is designated .for hearing in a specified herein. No. BP-7217, for construction permit. It is further ordered, That Pinellas The Commission having under consid­ consolidated proceeding with the appli­ cation of Robert Hecksher commencing Broadcasting Company, licensee of Sta­ eration a petition filed October 10, 1950, tion WTSP, St. Petersburg, Florida, is by Melbourne Broadcasting Corporation at 10:00 a. m., on October 31, 1950 at Washington, D. C., upon the following made a party .to this proceeding with re­ (WMMB), Melbourne, Florida, request­ spect to the Sarasota Broadcasting Com­ ing that the place of hearing in the issues: 1. To determine the legal, technical, pany (WKXY) application only. above-entitled proceeding presently It is further ordered, That the peti­ scheduled for December 13, 1950, at financial and other qualifications of the individual applicant and the technical, tion of Sarasota Broadcasting Company Washington, D. C., be changed to Mel­ (WKXY) to designate the two above- bourne, Florida, and that the hearing financial, and other qualifications of the applicant partnership and its partners entitled applications for hearing in a be advanced one week; and consolidated proceeding is granted. It appearing that in view of the na­ to operate the proposed station and ture of the issues in this proceeding, it Station WKXY as proposed. F ed er a l C ommunications would be to the best interests of the 2. To determine the areas and popu­ C o m m is s io n , commission and the petitioner to hold lations which may be expected to gain or [ s e a l ] T. J. S l o w ie , this hearing one week earlier in the town lose primary service from the operation Secretary. in which the records of Station WMMB of the proposed station and Station WKXY as proposed, and the character of [F. R. Doc. 50-9651; Filed, Oct. 31, 1950; are located; 8/48 a. m.] It is ordered, This 20th day of October other broadcast service available to such 1950, that the petition is granted; and areas and populations. that the place of hearing in the above- 3. To determine the type and char­ entitled proceeding is changed to Mel­ acter of program service proposed to be [Docket No. 9699] bourne, Florida, and the date advanced rendered and whether it would meet the from December 13, 1950, to December 6, requirements of the populations and C h a m p io n C i t y B roadcasting Co. 1950. areas proposed to be served. (WJEL) 4. To determine whether the opera­ F ed er a l C ommunications ORDER CONTINUING HEARING C o m m is s io n , tion of the proposed station at Fort Myers, Florida, would involve objection­ In re application of Champion City [ s e a l ] T. J. S l o w ie , Secretary. able interference with Station WFTL, Broadcasting Company (WJEL), Spring- Fort Lauderdale, Florida; and to deter­ field, Ohio, Docket No. 9699, File No. BP- [P. R. Doc. 50-9648; Piled, Oct. 31' 1950; mine whether the operation of Station 6642, for construction permit. 8:48 a. m.] WKXY as proposed would involve ob­ The Commission having under con­ jectionable interference with Station sideration a motion filed on October 16, WTSP, St. Petersburg, Florida; or 1950, by Champion City Broadcasting [Docket Nos. 9695, 9823] whether either or both of these two ap­ Company, Springfield, Ohio, requesting plications would involve objectionable that the hearing now scheduled for No­ R o b e r t H e c k s h e r and S ara so ta B road­ interference with any other existing vember 3, 1950, at Washington, D. C., on c a s t in g Co. (WKXY) broadcast stations and, if so, the nature the above-entitled application, be con­ ORDER DESIGNATING APPLICATION FOR CON­ and extent thereof, the areas and popu­ tinued for sixty days; and SOLIDATED HEARING ON STATED ISSUES lations affected thereby, and the avail­ It appearing that no opposition has ability of other broadcast service to such been filed to the above motion by any of In re applications of Robert Hecksher, areas and populations. the parties to this proceeding; Fort Myers, Florida, Docket No. 9695, 5. To determine whether the opera­ It is ordered, This 24th day of October File No. BP-7582; Antonio G. Fernandez, tion of the proposed station or Station 1950, that the motion be, and it is hereby, Charles J. Fernandez, William P. Carey WKXY as proposed would involve ob­ granted; and that the hearing on the and Gonzalo Fernandez, d/b as Sarasota jectionable interference, each with the above-entitled application be, and it is Broadcasting Company (WKXY), Sara­ other, or with the services proposed in hereby, continued to 10 :T)0 a. m. Wednes­ sota, Florida, Docket No. 9823, File No. any other pending applications for day, January 10, 1951, at Washington, BP-7861, for construction permits. broadcast facilities and, if so, the nature D. C. At a session of the Federal Communi­ and extent thereof, the areas and popu­ F ed er a l C ommunications cations Commission held at its offices in lations affected thereby, and the avail­ C o m m is s io n , Washington, D. C., on the 25th day of ability of other broadcast service to such [ s e a l ] T. J. S l o w ie , October 1950; areas and populations. Secretary. The Commission having under consid­ 6. To determine whether the installa­ [F. R. Doc. 50-9650; Filed, Oct. 31, 1950; eration (1) the above-entitled applica­ tion and operation of the proposed sta­ 8:48 a. m.] tion of the Sarasota Broadcasting tion or Station WKXY as proposed Company to change facilities from 1540 would be in compliance with the Com­ kilocycles, with 1 kilowatt power, day­ mission’s rules and standards of good time only, to 1400 kilocycles, with 250 engineering practice concerning stand­ [Docket Nos. 9752, 9753] watts power, unlimited time at Station ard broadcast stations, with particular WKXY, Sarasota, Florida; and (2) a reference to whether the 2 mv/m con­ H. C. Y o u n g a n d S o u t h e r n B roadcasting petition of the Sarasota Broadcasting tour of Station WKXY as proposed Co., I n c . Company, filed October 11,1950, request­ would overlap the 25 mv/m contour of ORDER CONTINUING HEARING ing that its above-entitled application be Station WTSP, St. Petersburg, Florida; designated for hearing in a consolidated In re applications of H. C. Young, Jr., or whether the 25 m v/m . contour of Nashville, Tennessee, Docket No. 9752, proceeding with the above-entitled ap­ Station WKXY as proposed would over­ plication of Robert Hecksher; and File No. BP-7624; Southern Broadcast­ It appearing that the above-entitled lap the 2 mv/m contour of Station ing Company, Inc., Nashville, Tennessee, application of Robert Hecksher for a per­ WTSP. Docket No. 9753, File No. BP-7732, for mit to construct a new standard broad­ 7. To determine on a comparative construction permits. cast station on the frequency 1400 basis which, if either, of the applications The Commission having under consid­ kilocycles, with 250 watts power, un­ in this consolidated proceeding should eration a petition filed October 10, 1950, limited time, at Fort Myers, Florida, was be granted. by Southern Broadcasting Company, 7344 NOTICES

Inc., Nashville, Tennessee, requesting a It appearing that acting in accordance It further appearing, that on April 20, continuance of the hearing presently with the provisions of section 303 (m) 1948, in the United States District Court scheduled for November 22, 1950, at (2) of the Communications Act of 1934, for the Southern District of Florida, said Washington, D. C., in the above-entitled as amended, Philip H. Morse, 616 Sher­ Sergei Vladimir Kirpatovsky entered a proceeding; and an opposition thereto man Avenue, Plainfield, New Jersey, filed plea of guilty to violation of Section 502 filed on October 16,1950, by H. C. Young, with the Commission within the time of the Communications Act of 1934, as Jr.; and provided therefor, an application re­ amended, an

7346 NOTICES

on the 26th day of October A. D., 1950. charges to Account 537, but that such scribed in subparagraphs 2-a and 2-b Notice is hereby given that United Gas acceleration shall not operate to reduce hereof, Corporation (“United”) has filed studies the fixed monthly charges and will have and amendments thereto relative to the the sole effect of shortening the period is property within the United States original cost and reclassification of the necessary to provide the amount of owned or controlled by, payable or de­ company’s gas distribution plant ac­ $2,847,973.77 in Account 252. United liverable to, held oiv behalf of or. on counts as at December 31, 1941. The further proposes that when the amount account of, or owing to, or which is evi­ studies filed include proposals for the in Account 252 equals $2,847,973.77 the dence of ownership or control by, the disposition of certain adjustments re­ like amount in Account 100.5 shall be aforesaid nationals of a designated lating to the company’s gas distribution charged against said reserve. enemy country (Germany) ;< plant accounts. United is a public util­ By the Commission. and it is hereby determined : ity subsidiary of Electric Bond and Share 3. That to the extent that the persons Company, a registered holding company. [ s e a l ] N e l l y e A. T h o r s e n , identified in subparagraph 1 hereof are The studies, and amendments thereto, Assistant Secretary. not within a designated enemy country, were filed pursuant to the Public Utility [P. R. Doc. 50-9625; Piled, Oct. 31, 1950; the national interest of the United Holding Company Act of 1935 particu­ 8:45 a. m.] States requires .that such persona be lar!/ sections 15 and 20 (b) thereof and treated as nationals of a designated Rule U-27 thereunder. enemy country (Germany). Notice is further given that any in­ DEPARTMENT OF JUSTICE All determinations and all action re­ terested person may, not later than quired by law, including appropriate con- November 7, 1950, at 11:03 a. m., e. s. t., Office of Alien Property sultation and certification, having been request the Commission in writing that Au th o rity : 40 Stat. 411, 55 Stat. 839, Pub. made and taken, and, it being deemed a hearing be held on such matter, stat­ Laws 322, 671, 79th Cong., 60 Stat. 50, 925; 50 necessary in the national interest, ing the nature of his interest, the reasons U. S. C. and Supp. App. 1, 616; E. O. 9193, There is hereby vested in the Attorney for such request, and the issues, if any, July 6, 1942, 3 CFR, Cum. Supp., E. O. 9567, General of the United States the prop­ of fact or law raised by. said proposals June 8, 1945, 3 CPR, 1945 Supp., E. O. 9788, erty described above, to be held, used, intended to be controverted, or may re­ Oct. 14, 1946, 11 F. R. 11981. administered, liquidated, sold, or other­ quest that he be notified should the [Vesting Order 15255] wise dealt with in the interest of and for Commission order a hearing thereon. thé benefit of the United States. Any such request should^ be addressed H e n r ie t t a E. G a r r e t t The terms “national” and “designated as follows : Secretary, Securities and Ex­ enemy country” as used herein shall change Commission, 425 Second Street In re: Estate of Henrietta E. Garrett, have the meanings prescribed in section NW., Washington 25, D. C. At any time deceased. Pile No. D-28-1682; E. T. sec. 10 of Executive Order 9193, as amended. after November 7, 1950, the Commission Nos. 538 and 539. may take such action as may be deemed Under the authority of the Trading Executed at Washington, D. C., on appropriate with respect to the matters With the Enemy Act, as amended, Ex­ October 18, 1950. to which the filing herein relates. ecutive Order 9193, as amended, and For the Attorney General. All interested persons are referred to Executive Order 9788, and pursuant to [ s e a l ] H a ro ld I. B a y n t o n , said studies which are on file in the law, after investigation, it is hereby found : Assistant Attorney General, offices of the Commission for a statement Director, Office of Alien Property. of the transactions therein proposed, 1. That the domiciliary personal rep­ which may be summarized as follows: resentatives, heirs-at-law, next of kin, Exhibit A On August 29, 1946, United initially legatees, distributees and devisees, names Real property 'situated in Philadelphia filed original cost and reclassification unknown, of Johann Peter Christian County, Commonwealth of Pennsylvania, studies of the company’s gas distribution Schaefer I, deceased, and their succes­ more particularly described as follows: plant accounts as of December 31, 1941. sors in interest, who there is reasonable Parcel 1 : Premises 404 South Ninth Street, The studies were filed in accordance with cause to believe are residents of Ger­ Philadelphia, Pennsylvania, more particu­ many, are nationals of a designated larly described as follows: All th at certain United’s interpretation of Plant Instruc­ Three story Brick Messuage or Tenement and tion 2-D of the Uniform System of Ac­ enemy country (Germany) ; Lot or Piece of Ground situate on the West counts recommended by the National 2. That the property described as fol­ side of Ninth Street at the distance of One Association of Railroad and Utilities lows: hundred feet Northward from the North side Commissioners for gas utilities. The a. All right, title, interest and estate, of Lombard Street in the Seventh Ward of above-mentioned system of accounts is both legal and equitable, of the persons the City of Philadelphia. Containing in applicable to United by virtue of this identified in subparagraph 1 hereof in front or breadth on the said Ninth Street TWenty feet and extending in length or Commission’s Rule U-27, promulgated and to certain rea^ property situated in depth Westward of that width One hundred under the Public Utility Holding Com­ Philadelphia County, Commonwealth of and eighty eight feet to Fothergill street. pany Act of 1935. The staff of the Pennsylvania, more particularly de­ Bounded Northward by ground now or late Commission made a field examination scribed in Exhibit A attached hereto and of Andrew D. Cash, Southward by ground and filed its report in connection there­ by reference made a part hereof, to­ granted by Nathaniel Lewis Paleske to with. Copies of the staff’s report were gether with all hereditaments, fixtures, ------Westward by said Fothergill street submitted to the company. United has improvements and appurtenances there­ and Eastward by Ninth street aforesaid. To­ amended its studies to give effect to the to, and any and all claims for rents, re­ gether with all and singular the Buildings and Improvements, Streets, Alleys, Passages, recommendations contained in the staff’s funds, benefits or other payments aris­ Ways, Waters, Water-Courses, Rights, Liber­ report and now proposés to transfer ing from the ownership of such property, ties, Privileges, Hereditaments and Appur­ $2,847,973.77 to Account 100.5, Gas Plant b. All right, title, interest and estate, tenances whatsoever thereunto belonging or Acquisition Adjustments. both legal and equitable, of the persons in any wise appertaining, and the Reversions United proposes, beginning on the first identified in subparagraph 1 hereof in and Remainders, Rents, Issues and Profits day of the month following the date of and to certain real property situated in thereof; and all the estate, right, title, in­ the issuance of the Commission’s order, Atlantic County, State of New Jersey, terest, property, claim, and demand whatso­ ever of them the said Thomas Kennedy and to charge monthly to Account 537, Mis­ more particularly described in Exhibit Caroline L. his wife in law, equity, or other­ cellaneous Amortization and to credit to B attached hereto and by reference made wise howsoever, of, in, and to the same and Account 252, Reserve for Amortization a part hereof, together with all heredita­ every part thereof. of Gas Plant Acquisition Adjustments, ments, fixtures, improvements and Parcel 2: Premises known as 402 South such a proportionate equal monthly part appurtenances thereto, and any and all Ninth Street, Philadelphia, Pennsylvania, of said amount of $2,847,973.77 as may claims for rents, refunds, benefits or more particularly described as follows: All be required in order that the accumu­ other payments arising from the owner­ th at certain three, story brick Messuage or lated total in Account 252, Reserve for Tenement and Lot or Piece of Ground Situate ship of such property, and on the West side of Ninth Street at the dis­ Amortization of Gas Plant Acquisition c. All right, title and interest of the tance of one hundred and forty one feet Adjustments, shall equal $2,847,973.77 on persons identified in subparagraph 1 Southward from the South side of Pine December 31, 1962. United proposes hereof in and to any and all insurance Street in the Seventh Ward of the City of that it may, at its option, accelerate the policies which insure the property de­ Philadelphia Containing in front or breadth Wednesday, November 1, 1950 FEDERAL REGISTER 7347 on the said Ninth Street Twenty one feet along said line of Atlantic Avenue seventy- * -*>- [Vesting Order 15271] six feet to the place of beginning. and extending in length or depts Westward B a r o n A n d r ea s R. F. K n o o p of that width one hundred and eighty eight [F. R. Doc. 50-9662; Filed, Oct. 31, I960; feet to Fothergill Street Bounded Northward 8:51 a. m.] In re: Bank account owned by Baron by ground now or late of Jesse Williamson, Andreas R. F. Knoop, also known as Westward by the said Fothergill Street, Baron Andreas Knoop and as Andreas Southward by ground now or “late of Hen­ R. F. Knoop. F-28-28040-E-1. rietta E. Garrett and Eastward by Ninth. Street aforesaid. Together with all and [Vesting Order 15269] Under the authority of the Trading singular the Buildings and Improvements, With the Enemy Act, as amended, Ex­ Ways, Streets, Alleys, Passages, Waters, Water D e u t s c h e C a r b o r u n d u m W e r k e ecutive Order 9193, as amended, and Ex­ Courses, Rights, Liberties, Privileges, Heredi­ G. M. B. H. ecutive Order 9788, and pursuant to law, taments. and Appurtenances whatsoever In re: Debt owing to Deutsche Carbo­ after investigation, it is hereby found: thereunto belonging or in -any wise apper­ rundum Werke G. M. B. H. F-28-7715- 1. That Baron Andreas R. F. Knoop, taining; and the Reversions and Remainders, also known as Baron Andreas Knoop and Rents, Issues and Profits thereof; and all C-l. the Estate, Right, Title, Interest, Property, Under the authority of the Trading as Andreas R. F. Knoop, on or since the Claim and Demand whatsoever of her the With the Enemy Act, as amended, Ex­ effective date of Executive Order 8389, said Ellen L. Taylor at law, in equity or ecutive Order 9193, as amended, and as amended, and on or since December otherwise howsoever of, in and to the same Executive Order 9788, and pursuant to 11, 1941, has been a resident of Ger­ and every part thereof. law, after investigation, it is hereby many, and is a national of a designated Parcel 3: Premises known as 133 South found: enemy country (Germany); Thirteenth Street, Philadelphia, Pennsyl­ 1. ' T h a t Deutsche Carborundum 2. That the property described as fol­ vania, more particularly described as follows: Werke G. M. B. H., the last known ad­ lows: That certain debt or other obliga­ All that certain three story Brick mes­ dress of which is Düsseldorf, Germany, tion owing to Baron Andreas R. F. suage or tenement and lot or piece of ground thereunto belonging Situate on the East is a corporation, partnership, association Knoop, also known as Baron Andreas side of Thirteenth Street between Walnut or other business organization organ­ Knoop and as Andreas R. F. Knoop, by and Sansom (formerly called George) ized under the laws of Germany, and The Chase National Bank of the City of Streets in the Eighth Ward of the said City which has or, since the effective date of New York, 18 Pine Street, New York, New of Philadelphia. Beginning at the distance Executive Order 8389, as amended, has York, arising out of a checking account, of Ninety six feet Southward from the South had its principal place of business in entitled Baron Andreas R. F. Knoop, line of the said Sansom (late . George) Düsseldorf, Germany and is a national maintained at the aforesaid bank, and Hreet and containing in front or breadth on any and all rights to demand, enforce the said Thirteenth Street Sixteen feet and of a designated enemy country (Ger­ in length or depth Eastward Ninety two feet many) ; and collect the same, to a four feet wide alley leading from the 2. That the property described as fol­ is property within the United States said Sansom (late George) Street Southward lows: That certain debt or other obliga­ owned or controlled by, payable or de­ one hundred and twelve feet to a ten feet tion owing to Deutsche Carborundum liverable to, held on behalf of or on ac­ wide Court which extends Westwardly along Werke G. M. B. H., by The Carborun­ count of, or owing to, or which is evidence the South line of the hereby granted lot into dum Company, Niagara Falls, New York, the said Thirteenth Street. Bounded on the of ownership or control by, the aforesaid North by ground now or formerly of French in the amount of $945.63, as of December national of a designated enemy country and Roberts, on the East by the said four 31,1945, together with any and all accru­ (Germany); feet wide alley, on the South by the said als thereto, and any and all rights to Court and on the West by Thirteenth Street demand, enforce ar^d collect the same, and it is hereby determined: aforesaid. Together with the free use and 3. That to the extent that the person privilege of the said four feet wide alley and is property within the United States named in subparagraph 1 hereof is not ten feet wide alley or Court respectively in owned or controlled by, payable or de­ within a designated enemy country, the common with the owners and occupiers of liverable to, held on behalf of, or on national interest of the United States the other ground bounding thereon and of account of, or owing to, or which is evi­ requires that such person be treated as free Ingress, Egress and Regress into, out dence of ownership or control by, the of, and along the same and of a water course a national of a designated enemy coun­ aforesaid national of a designated en­ try (Germany). therein at all times hereafter forever. To­ emy country (Germany); gether with all and singular the Buildings, All determinations and all action re­ Improvements, Streets, Alleys, Passages, and it is hereby determined: quired by law, including appropriate con­ Ways, Waters, Water-Courses, Rights, Lib­ 3. That to the extent that the person sultation and certification, having been erties, Privileges, Hereditaments and Appur­ named in subparagraph 1 hereof is not made and taken, and, it being deemed tenances whatsoever thereunto belonging or necessary in the national interest, in any wise appertaining, and the Reversions within a designated enemy country, the and Remainders, Rents, Issues and Profits national interest of the United States There is hereby vested in the Attor­ thereof; and all the estate, right, title, in­ requires that such person be treated as ney General of the United States the terest, property, claim, and demand what­ a national of a designated enemy coun­ property described above, to be held, used, soever of them the said Robert R. Taylor and try (Germany). administered, liquidated, sold or other­ ' Helen B. his wife in law, equity, or otherwise All determinations and all action re­ wise dealt with in the interest of and for howsoever, of, in, and to the same and every quired by law, including appropriate con­ the benefit of the United ¡States. part thereof. sultation and certification, having been The terms "national” and “designated E xhibit B made and taken, and, it being deemed enemy country” as used herein shall have necessary in the national interest, the meanings prescribed in section 10 of Real property situated in Atlantic County, Executive Order 9193, as amended. State of New Jersey, premises known as Fif­ There is hereby vested in the Attorney teenth South Connecticut Avenue, Atlantic General of the United States the prop­ Executed at Washington, D. C., on City, New Jersey, more particularly described erty described above, to be held, used, October 18, 1950. as follows: Beginning at the Southeast cor­ administered, liquidated, sold or other­ ner of Atlantic and Connecticut Avenues and wise dealt with in the interest of and for For the Attorney General. running thence (1) in a Southerly direction the benefit of the United States. [ s e a l ] H aro ld I . B a y n t o n , along the line of Connecticut Avenue two The terms "national” and “designated Assistant Attorney General, hundred feet; thence (2) in an Easterly direc­ enemy country” as used herein shall have Director, Office of Alien Property. tion parallel with Atlantic Avenue, one hun­ the meanings prescribed in section 10 of dred sixty-two feet and six inches to the Executive Order 9193, as amended. [F. R. Doc. 50-9666; Filed, Oct. 31, 1950; Westerly line of a twenty-five feet wide street 8:51 a. m.] running between Massachusetts and Con­ Executed at Washington, D. C., on necticut Avenues; thence (3) Northwardly October 18, 1950. along the Westerly line of said street fifty For the Attorney General. feet; thence (4) in a Westerly direction paral­ [Vesting Order 15265] [ s e a l ] H aro ld I . B a y n t o n , lel with Atlantic Avenue eighty-six feet six T h e o d o r e W e ic k e r , S r ., e t a l . inches; thence (5) in a Northerly direction, Assistant Attorney General, parallel with Connecticut Avenue one hun­ Director, Office of Alien Property. In re: Trust agreement dated April dred and fifty feet to the Southerly line of [F. R. Doc. 50-9665; Filed, Oct. 31, 1950; 21,1932, between Theodore Weicker, Sr., Atlantic Avenue; thence (6) Westwardly 8:51 a. m.] grantor, and Theodore Weicker, Sr., 7348 NOTICES

Florence Palmer Weicker and Theodore Under the authority of the Trading Executive Order 9788, and pursuant to Weicker, Jr., trustees, F/B/O Else Ulrich, With the Enemy Act, as amended, Ex­ law, after investigation, it is hereby the primary beneficiary, and others. ecutive Order 9193, as amended, and found: File F-28-4554 D -l, E-l, and G-l. Executive Order 9788, and pursuant to 1. That Rosa Soldau, also known as Under the authority of the Trading law, after investigation, it is hereby Rose Soldau and Curt Soldau, each of With the Enemy Act, as amended, Ex­ found: whose last known address-'is Germany ecutive Order 9193, as amended, and Ex­ 1. That the personal representatives, are residents of Germany and nationals ecutive Order 9788, and pursuant to law, heirs, next of kin, legatees and distribu­ of a designated enemy country (Ger­ after investigation, it is hereby found: tees of Karl Reindl, deceased, who there many) ; 1. That-Else Ulrich and Thea Ulrich is reasonable cause to believe are resi­ 2. That the property described as fol­ Schatke, whose last known address is dents of Germany, are nationals of a lows: That certain debt or other obliga-' Germany, are residents of Germany and designated enemy country (Germany); tion of Central Savings Bank in the City nationals of a designated enemy country 2. That the property described as fol­ of New York, 2100 Broadway, New York (Germany); lows: That certain debt or other obliga­ 23, New York, arising out of a Savings 2. That all right, title, interest, and tion of Harris, Upham & Co., 14 Wall Account, account number 174,613, en­ claim of any kind or character whatso­ Street, New York 5, New York, in the titled Rosa Soldau in trust for Curt ever of the persons named in subpara­ amount of $338.85, as of October 2, 1950, Soldau, maintained at the aforesaid graph 1 hereof, in and to and arising out appearing on the books of said Harris, bank, and any and all rights to demand, of or under that certain trust agreement Upham & Co., as a credit balance due the enforce and collect the same, dated April 21, 1932, by and between Estate of Karl Reindl, deceased, together Theodore Weicker, Sr., grantor, and with any and all rights to demand, en­ is property within the United States Theodore Weicker, Sr., Florence Palmer force and collect the same, owned or controlled by, payable or de­ Weicker, and Theodore Weicker, Jr., liverable to, held on behalf of or on ac­ trustees, for the benefit of Else Ulrich, is property within the United States count of, or owing to, or which is evi­ the primary beneficiary, and others, owned or controlled by, payable or de­ dence of ownership or control by, Rosa presently being administered by Theo­ liverable to, held on behalf of or on Soldau, also known as Rose Soldau and dore Weicker, Jr., Lowell P. Weicker, and account of, or owing to, or which is Curt Soldau, the aforesaid nationals of Frederick E. Weicker, as trustees, 745 evidence of ownership or control by the a designated enemy country (Germany); Fifth Avenue, New York, New York, personal representatives, heirs, next of 3. That the property described as fol­ kin, legatees and distributees of Karl lows: That certain debt or other obligaT Is property within the United States Reindl, deceased, the aforesaid nationals tion owing to Rosa Soldau, also knowfr owned or controlled by, payable or de­ of a designated enemy country (Ger­ as Rose Soldau, by Central Savings Bank liverable to, held on behalf of or on many) ; in the City of New York, 2100 Broadway, account of or owing to, or which is evi­ New York 23, New York, arising out of a dence of ownership or control by, the and it is hereby determined: 3. That to the extent that the per­ Savings Account account number 83,872 aforesaid nationals of a designated en­ entitled Rose Soldau, maintained at the emy country (Germany); sonal representatives, heirs, next of kin, legatees and distributees of Karl Reindl, aforesaid bank, and any and all rights and it is hereby determined: deceased, are not within a designated to demand, enforce and collect the same, 3. That to the extent that the persons enemy country, the national interest of is property within the United States named in subparagraph 1 hereof the United States requires that such owned or controlled by, payable or de­ are not within a designated enemy coun­ persons be treated «as nationals of a liverable to, held on behalf of or on try, the national interest of the United designated enemy country (Germany). account of, or owing to, or which is States requires that such persons be All determinations and all action re­ evidence of ownership or control by, treated as nationals of a designated en­ quired by law, including appropriate Rosa Soldau, also known as Rose Soldau, emy country (Germany). consultation and certification, having the aforesaid national of a designated All determinations and all action re­ been made and taken, and, it being enemy country (Germany); quired by law, including appropriate deemed necessary in the national consultation and certification, having interest, and it is hereby determined: been made and taken, and, i t ' being There is hereby vested in the'Attorney 4. That to the extent that the persons deemed necessary in the national General of the United States the prop­ named in subparagraph 1 hereof are not interest, erty described above, to be held, used, ad­ within a designated enemy country, the There is hereby vested in the Attorney ministered, liquidated, sold or otherwise national interest of the United States General of the United States the prop- dealt with in the interest of and for the requires that such persons be treated as erty described above, to be held, used, nationals of a designated enemy country benefit of the United States. .(Germany). administered, liquidated, sold or other­ The terms “national” and “designated wise dealt with in the interest of and for enemy country” as used herein shall have All determinations and all action re­ the benefit of the United States. the meanings prescribed in section 10 of quired by law, including appropriate con­ The’terms “national” and “designated Executive Order 9193, as amended. sultation and certification, having been enemy country” as used herein shall have made and taken, and, it being deemed the meanings prescribed in section 10 of Executed at Washington, D. C., on necessary in the national interest, Executive Order 9193, as amended. October 18, 1950. There is hereby vested in the Attorney Executed at Washington, D. C., on For the Attorney General. General of the United States tfie prop­ October 18, 1950. [seal] H arold I. Baynton, erty described above, to be held, used, administered, liquidated, sold or other­ For the Attorney General. Assistant Attorney General, Director, Office of Alien Property. wise dealt with in the interest of and for [seal] H arold I. B aynton, the benefit of the United States. Assistant Attorney General, [F. R. Doc. 50-9668; Filed, Oct. 31, 1950; 8:52 a. m.] The terms “national” and “designated Director, Office of Alien Property. enemy country” as used herein shall have [P. R. Doc. 50-9663; Piled, Oct. 31, 1950; the meanings prescribed in section 10 of 8:51 a. m.] Executive Order 9193, as amended. [Vesting Order 15278] Executed at Washington, D. C., on R osa and Curt S oldau October 18,1950. [Vesting Order 15276] In re L Bank accounts owned by Rosa For the Attorney General. Soldau, also known as Rose Soldau K arl R eindl and Curt Soldau. F-28-27737-C-1, F - [seal] H arold I. B aynton, In re: Debt owing to the personal rep­ 28-27737-E-l. Assistant Attorney General, resentatives, heirs, next of kin; legatees Under the authority of the Trading Director, Office of Alien Property. and distributees of Karl Reindl, de­ With the Enemy Act, as amended, Ex­ [F. R. Doc. 50-9669; Filed, Oct. 31, 1950; ceased. F-28-22585-A-1. ecutive Order 9193, as amended, and 8:52 a. m.]