Now Available

Public Papers of the Presidents of the United States

HARRY S. TRUMAN, 1951

This is the 19th volume in the “Public Papers” series to be released. It contains public messages and statements, news conferences, and other selected papers that were released by the White House during the year 1951. Among the 307 items in the book are : the President’s annual message to Congress on the State of the Union; special message to the Congress recommending a “pay as we go” tax program; radio and television reports to the American people on Korea and U.S. policy in the Far East and on the need for extending inflation controls; the address and remarks in San Francisco at the opening of the Conference on the Japanese Peace Treaty; and the proclamation terminating the state of war with Germany.

747 Pages— $6.25

Published by: Office of the Federal Register, National Archives and Records Service, General Services Administration

Order from: Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402

r ’r n r 'v m i i ¥irT < IC ^ rrril Published daily. Tuesday through Saturday (no publication on Sundays, Mondays,« r H I r K / l l i M i K r l l l M r l l on the day after an official Federal holiday), by the Office of the Federal Register, Nation 1 Archives and Records Service, General Services Administration (m a ir address National Area Code 202 Phone 963-3261 Archives Building, Washington, D.O. 20408), pursuant to the authority contained in t Federal Reeister Act approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 8B), under regulations prescribed by the Admm- Lm tive Committee of the Federal*Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintend of Documents, U.S. Government Printing Office, Washington, D.C. 20402. nnv&ble in The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 perjrear, payam ^ advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for f^ Do£Snents, each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of docuiu U.S. Government Printing Office, Washington, D.C. 20402. _ ...... fi0 titles, pur- The regulatory material appearing herein is keyed to the Code op F ederal R egulations, which is published ^ d e r 50 t r n e ^ suant to section 11 of the Federal Register Act, as amended. The Code of F ederal R egulations is sold by the Superimen« Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. regulations. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code op F ederal R Contents

THE PRESIDENT COMPTROLLER OF THE FEDERAL RESERVE SYSTEM CURRENCY Notices PROCLAMATION Rules and Regulations Valley Bancorporation; notice of International Literacy Day______11639 application for approval of ac­ Investment securities regulation; quisition of shares of bank_____11695 Louisiana Capital Construction Wachovia Bank and Trust Co.; EXECUTIVE AGENCIES and Improvement Commission order approving merger of public improvement bonds____ 11641 banks______11695 AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE CONSUMER AND MARKETING FISH AND WILDLIFE SERVICE Rules and Regulations SERVICE Rules and Regulations Hunting in certain wildlife ref- Tobacco, certain varieties; rates Rules and Regulations of penalty per pound______11655 uges: Expenses and rate of assessment: Alaska______11662 Iowa (2 documents)______11663 AGRICULTURE DEPARTMENT Certain varieties of pears grown in Oregon, Washington, and Migratory birds; open seasons See also Agricultural Stabilization California______11657 and possession______11658 and Conservation Service; Com­ Fresh Bartlett pears grown in Notices modity C r e d i t Corporation ; Oregon and Washington____ 11657 Hearings, etc.: Consumer and Marketing Serv­ Fresh prunes grown in desig­ Boat Seafarer, Inc______11684 ice. nated counties in Washington Johnson, Richard N______11684 Notices and in Umatilla County, Oreg. 11657 Potter, Clyde R ______11684 Irish potatoes grown in Area No. Delaware, Iowa, Maryland, and 2 of Colorado______11658 INTERIOR DEPARTMENT Wyoming; designation of areas Tokay grapes grown in San Joa­ for emergency loans______11691 quin County, Calif______11657 See also Fish and Wildlife Serv­ Idaho, Nebraska, Virginia, and Handling limitations: ice ; National Park Service. West Virginia; designation and Lemons grown in California and Notices extension of areas for emergency A rizo n a______11656 Authority delegations: loans------11691 Valencia oranges grown in Ari­ Commissioner of U.S. Fish and zona and designated part of Wildlife Service______11685 ARMY DEPARTMENT California______11656 Director, Bureau of Commercial Rough rice; U.S. standards_____ 11653 Fisheries______11685 Rules and Regulations Proposed Rule Making Director, Bureau of Sport Fish­ Standards of conduct for Depart­ eries and Wildlife______11685 ment of the Army personnel__ 11642 Egg products; grading and inspec­ Statements of changes in finan­ tion______11666 cial interests : Milk in southeastern Florida mar­ ATOMIC ENERGY COMMISSION Anderson, John S ______11685 keting area; recommended, de­ Carpenter, Hubbell______11685 Notices cision______;J ___ 11669 Eppard, Clyde M__,______11686 Hall, Glenn J ______11686 Catholic University of America; is­ DEFENSE DEPARTMENT Knapp, Russell V______11686 suance of facility license amend­ S ee Army Department. Lengnick, Lewis W______11686 ment______11692 McNealey, John Lawrence____ 11686 Commonwealth Edison Co.; re­ FEDERAL AVIATION AGENCY McNeer, Charles S ______11686 ceipt of application for con­ Rules and Regulations Negroni, Julio A______11686 struction permit and facility Neubauer, John Paul______11686 license______11691 Airworthiness directives; Hawker Ramirez, Rafael R ______11686 Siddeley Model DH. 125-1A air­ Schultz, Leroy J ______11687 CIVIL SERVICE COMMISSION planes______11641 Watson, Charles W______11687 Rules and Regulations Positive control areas and route Williams, Carl H______11687 segments; correction______11641 Interior Department; excepted service------11651 Notices INTERSTATE COMMERCE Pay under other systems; miscel­ Airports District Office at Reno, COMMISSION laneous amendments; correc­ Nev.; notice of closing______11695 tion------11651 Notices FEDERAL MARITIME Canadian Pacific Railway Co., et COAST GUARD al.; rerouting or diversion of COMMISSION tr a ffic ______11698 Proposed Rule Making Rules and Regulations Fourth section applications for re­ Apprentice engineers; licensing lief ______11697 and certificating of merchant Oceangoing common carriers and Motor carrier: marine personnel______11665 persons shipping for own ac­ Temporary authority ap p li­ count; licensing______11652 cations ______11697 COMMERCE DEPARTMENT Transfer proceedings______11697 FEDERAL POWER COMMISSION See Maritime Administration. MARITIME ADMINISTRATION Notices COMMODITY CREDIT Rules and Regulations Hearings, etc.: CORPORATION Pacific Power & Light Co_____11695 Compensation payable to agents, Notices Sacramento Municipal Utility general agents, and berth D istrict______11695 agents; miscellaneous amend­ Sales of certain commodities; Sep­ ments ______:______11651 tember sales list______11687 Young, Marshall R., Oil Co., et a l ------11693 (Continued on next page) 11637 11638 CONTENTS

NATIONAL PARK SERVICE SECURITIES AND EXCHANGE SMALL BUSINESS Notices COMMISSION ADMINISTRATION Rules and Regulations Management Assistant et al.; Notices Mount McKinley National Park, Hearings, etc.: Small business size standards; Alaska; delegation of author­ Lincoln Printing Co------11696 definition------11651 ity ______11684 Pennsylvania Gas Co., et al----- 11696 United Security Life Insurance TREASURY DEPARTMENT Co______11696 RENEGOTIATION BOARD Westec Corp______11696 See also Coast Guard; Comptroller of the Currency. Rules and Regulations Notices Permissive exemptions from rene­ Prudence Mutual Casualty Co.; gotiation; “stock item” exemp­ surety company acceptable on tion ______11651 Federal bonds______11684 List of CFR Parts Affected

(Codificçition Guide)

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today*s issue* A cumulative list of parts affected# covering the current month to date appears at die end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1# 1966* and specifies how they are affected.

3 CFR 12 CFR 32 CFR P roclamation: 1 11641 579______11642 3739______11639 1455—______11651 13 CFR 5 CFR 121_____ 11651 32A CFR 213______11651 14 CFR n s a (Ch. xvm) : 534______11651 AGE-4______— 11651 39______11641 ------7 CFR 91______11641 . . ___ 46 CFR 68 ______— 11653 724______11655 510_!______11652 908______11656 P roposed R u les: 910______11656 10______11665 924______11657 11______11665 926 ______11657 12______11665 927 ______11657 931______11657 948______11658 50 CFR P roposed R u les: 11666 10—------_____ 11658 55______11662, 11663 1013______11669 32 (3 documents) Presidential Documents

Title 3— THE PRESIDENT Proclamation 3739 INTERNATIONAL LITERACY DAY By the President of the United States of America A Proclamation It is not difficult to test a man for literacy. Ask him to write a simple message. Or to read one. Millions upon untold millions of persons. cannot pass that test. Their communication with their fellow man is severely limited. Their intelligence is unformed by contact with the written word. They live out their lives in the „darkness of ignorance. Illiteracy is the greatest single barrier to economic and social progress in many of the countries of the world. The people of Angola are 97 percent illiterate. Rhodesia is 98 percent illiterate. Haiti has the highest illiteracy rate in the Western Hemisphere—nearly 90 percent. In Iraq, in Iran, in Bolivia and in many more countries the majority of men and women cannot read and write. Even in our own country where education is accorded its proper importance, there are three million illiterate adults. September 8,1966 is the first anniversary of an event which I believe was the turning point in the battle against illiteracy. On that date one year ago the World Congress of Ministers of Education con­ vened in Tehran, Iran to consider the problem. That Congress, made up in part by a delegation of distinguished statesmen and scholars sent by the United States Government, estab­ lished the principles which now guide the highly commendable efforts of the United Nations Educational, Scientific, and Cultural Organiza­ tion. Through experimental projects UNESCO is creating methods, techniques, and materials for full-scale literacy programs. Here at home education is receiving concentrated attention. A partnership of Federal, State, and local authorities is working to provide America with an educational system commensurate with our position of world leadership. More than a dozen major pieces of education legislation enacted in the past three years have added greatly to the effectiveness of the partnership. Our efforts for education of quality and equality extend to those adult citizens who have received little or no formal schooling. They are not discards of our society. They must share in its economic, social, and cultural benefits. New adult education programs will equip them to participate as fully as possible. The work of the United States of America to eradicate ignorance does not stop at our shores. Nowhere in the world is the universal desire to eliminate illiteracy held more passionately than in this Na­ tion which was founded on belief in the dignity, worth, and per­ fectibility of the individual. Our worldwide endeavors—individual, private, and governmental—are unsurpassed.

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11640 THE PRESIDENT In recognition of the foregoing, the Congress has, by a joint resolu­ tion of August 27, 1966, authorized and requested the President to proclaim the 8th day of September 1966 as International Literacy Day: NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, do hereby proclaim September 8, 1966, as International Literacy Day, and call upon the people of the United States to commemorate that day in ways most appropriate to the occasion and to reaffirm our strong desire to cooperate with national and international organizations, private groups, and individuals dedi­ cated to the goal of eliminating the scourge of illiteracy. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this 30th day of August in the year of our Lord nineteen hundred and sixty-six, and of [ s e a l ] the Independence of the United States of America the one hundred and ninety-first. L y n d o n B. J o h n s o n By the President:

D e a n R u s k , Secretary of State. [F.R. Doc. 66-9744; Filed, Sept. 1, 1966 ; 2:13 p.m.]

FEDERAL REGISTER, VOL 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11641 Rules and Regulations

securities as defined in § 1.3 (c ), (d ), and This amendment becomes effective Title 12— BANKS AND BANKING (e) of the Investment Securities Regula­ September 3, 1966. tion (12 CFR 1.3 (c ), (d ), and (e )) issued (Secs. 313(a), 601, 603, Federal Aviation Act Chapter I— Bureau of the Comptroller pursuant to paragraph Seventh of 12 of 1958 (49 U.S.C. 1354(a), 1421, 1423)) of the Currency, Department of the U.S.C. 24 and are, therefore, eligible for Treasury purchase, dealing in, underwriting and Issued in Washington, D.C., on August unlimited holding by National Banks. 25, 1966. PART 1— INVESTMENT SECURITIES Dated: September 1, 1966. J ames F. R udolph, REGULATION Acting Director, [sea l] J ames J . S axon, Flight Standards Service. Louisiana Capital Construction and Comptroller of the Currency. Improvement Commission Public [FR. Doc. 66-9695; Filed, Sept. 2, 1966; [F.R. Doc. 66-9742; Filed, Sept. 2, 1966; 8:48 a.m.] Improvement Bonds 8:50 am .] § 1.174 Louisiana Capital Construction and Improvement Commission Pub­ [Reg. Docket No. 7539; Amdt. 91-32] lic Improvement Bonds. Title 14— AERONAUTICS AND PART 91— GENERAL OPERATING (a) Request. The Comptroller of the SPACE AND FLIGHT RULES Currency has been requested to rule that Positive Control Areas and Route the $15 million Public Improvement Chapter 1— Federal Aviation Agency Bonds issued by the Capital Construction Segments; Correction and Improvement Commission of the [Docket No. 7582; Amdt. 39-281] On August 5, 1966, an amendment to State of Louisiana are eligible for pur­ PART 39— AIRWORTHINESS § 91.97 of the Federal Aviation Regula­ chase, dealing in, underwriting and un­ DIRECTIVES tions was published as F.R. Doc. 66-8527 limited holding by National Banks pur­ (31 F.R. 10517) which altered the regu­ suant to paragraph Seventh of 12 U.S.C. Hawker Siddeley Model DH.125—1A lation governing the operation of air­ 24. Airplanes craft within the positive control area. (b) Opinion. (1) The Capital Con­ Since the publication of this document, struction and Improvement Commission There has been a takeoff attempted by it was noted that the arrangement of is a body politic and corporate created by a Hawker Siddeley Model DH.125-1A § 91.97(a) (4) may result in a possible an act of the Louisiana State Legislature. airplane with the gust lock engaged. misinterpretation of the paragraph. Cor­ The Commission is authorized and em­ Since this condition is likely to exist or rective action is therefore taken herein. powered, inter alia, to borrow money for develop in other airplanes of the same Since this action is editorial in nature, the purpose of obtaining funds for the type design, an airworthiness directive involving a rearrangement without sub­ construction and improvement of the is being issued to require installation of stantive change, and is in conformity State highway system and to issue bonds a gust lock on Hawker Siddeley Model with the intent of the amendment, the not in excess of $140 million to evidence DH.125-1A airplanes that, when in­ Administrator has determined that no­ such borrowing. stalled, braces the control column against tice and public procedure hereon are un­ (2) The bonds will be payable solely the front end of the pilot’s seat rails, necessary, and the effective date of the from revenue derived from the Louisiana effectively preventing occupancy of the amendment as initially adopted may be sales tax which has been irrevocably and seat. retained. irrepealably pledged and dedicated (sub­ Since a situation exists that requires In consideration of the foregoing, F.R. ject to 7 percent of such revenues pledged immediate adoption of this regulation, Doc. 66-8527 (31 FJEt. 10517) is amended, to certain obligations of the Louisiana it is found that notice and public proce­ effective immediately, as hereinafter Fiscal Authority) to the payment of the dure hereon are impracticable and good set forth. bonds and which will be levied and col­ cause exists for making this amendment Section 91.97(a) is amended to read as lected so long as any of the Commission’s effective in less than 30 days. follows: obligations are outstanding. On the In consideration of the foregoing, and basis of current revenue levels, as well § 91.97 Positive control areas and route pursuant to the authority delegated to segments. as the Commission’s projections, sales me by the Administrator (25 F.R. 6489), tax revenues will be sufficient to exceed § 39.13 of Part 39 of the Federal Aviation (a) * * * by 10 times the maximum annual bond Regulations is amended by adding the (4) Equipped, when in a positive con­ interest and principal payments of the following new airworthiness directive: trol area, with— Commission, assuming the maximum (i) A coded radar beacon transponder, Hawker S iddeley. Applies to Model DH. permissible amount of bonds are issued, 125-1A airplanes equipped with aileron having at least a Mode A (Military Mode and of the Louisiana Fiscal Authority. and elevator system gust lock, P/N 25CF- 3) 64 code capability, replying to Mode (3) The State of Louisiana has made 1793AB. A/3 interrogation with the code specified adequate provision and is obligated for Compliance required within the next 300 by ATC; and payments of amounts which will be suf­ hours’ time in service after the effective date (ii) A radio providing direct pilot/con- ficient to provide for all required pay­ of this AD, unless already accomplished. troller communication on the frequency ments in connection with the bonds. To prevent operation with the elevator and specified by ATC for the area concerned. aileron gust lock engaged, accomplish the Tmese bonds are thus general obligations following: * * * • * of a state or political subdivision thereof (a) Remove gust lock assembly, P/N 25CF- within the meaning of § 1.3 (d) and (e) (Secs. 307, 313, Federal Aviation Act of 1958 1793AB, located on left side of cockpit. (49 U.S.C. 1348,1354) ) of the Investment Securities Regulation (b) Modify pilot’s control wheel and seat U2CFRL3 (d) and (e)). rail, and install gust lock stowage box as­ Issued in Washington, D.C., on August i ^ Ruling. It is, therefore, our con­ sembly, P/N 25.MM. 333, in accordance with 29,1966. Hawker Siddeley Aviation, Ltd. Service Bul­ clusion that the $15 million Public Im­ letin No. 27-34-(1716), dated May 18, 1966, W illia m F . M cK e e , provement Bonds issued by the Capital or later ARB-approved issue., Administrator. construction and Improvement Commis­ (c) Equip airplane with aileron and eleva­ [F A Doc. 66-9696; Filed, Sept. 2, 1966; sion of the State of Louisiana are public tor gust lock assembly, P/N 25.MM. 2583. 8:48 am .]

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3. 1966 11642 RULES AND REGULATIONS

Au th o r ity : The provisions of this Part position where there is a conflict between Title 32— NATIONAL DEFENSE 579 issued under sec. 3012, 70A Stat. 157; 10 their private interests and the public U.S.C. 3012. Interpret or apply secs. 201-209, interests of the United States, particu­ Chapter V— Department of the Army 18 U.S.C.; EO . 11222, May 8, 1965, 30 FJR. 6469, 3 CFR, 1965 Supp.; Part 40, Ch. I, 32 larly those related to their duties and SUBCHAPTER F— PERSONNEL CFR; and 5 CFR 735.104. responsibilities as DA personnel. Even though a technical conflict, as set forth PART 579— STANDARDS OF CON­ G eneral in the statutes cited in this part, may not DUCT FOR DEPARTMENT OF THE § 579.1 Purpose and objectives. exist, DA personnel must avoid the ap­ ARMY PERSONNEL pearance of such a conflict, from a public (a) This part prescribes the standards confidence point of view. DA personnel A new Part 579 is added to this sub­ of conduct, relating to possible conflict will not engage in any private business chapter, as follows: between private interests and official or professional activity or enter into any G eneral duties, required of all Department of financial transaction which involves the Sec, Defense personnel, regardless of assign­ direct or indirect use, or the appearance 579.1 Purpose and objectives. ment. Close adherence to these prin­ of use, of inside information gained 679.2 Explanation of terms. ciples will insure compliance with the through a DA position to further a pri­ 579.3 Ethical standards of conduct. high ethical standards demanded of all vate interest or for private gain for them­ 579.4 Bribery and graft. public servants. Violations of this part 579.5 Unauthorized release of procurement selves or another person or entity, par­ information. may be cause for appropriate disciplinary ticularly one with whom they have 579.6 Selection and instruction of person­ action which may be in addition to any family, business, or financial ties. DA nel assigned to procurement and penalty provided by law. All mili­ personnel must not use their DA positions related activities. tary personnel and civilian employees in any way to induce or coerce, or give 579.7 Unauthorized statements or commit­ will familiarize themselves thoroughly the appearance of inducing or coercing, ments with respect to award of with the provisions of this part. any person (including subordinates) or contracts. (b) This part is in implementation of 579.8 Gratuities. entity to provide any financial benefit to 579.9 Prohibitions of contributions or pres­ (1) Executive Order 11222 of May 8,1965 themselves or another person or entity, ents to superiors. (30 P.R. 6469), prescribing standards of particularly one with whom they have 579.10 Use of Government facilities, prop­ ethical conduct for Government officers family, business, or financial ties. For erty, and manpower. and employees, (2) Department of De­ the purpose of this section “inside infor­ 579.11 Use of civilian and military titles in fense Directive 5500.7, March 22, 1966 mation” means information obtained connection with commercial enter­ (31 F.R. 4989), and (3) the Civil Service under Government authority which has prise. Commission Regulation of October 1, 579.12 Outside employment of DA personnel. not become part of the body of public in­ 579.13 Political activities. 1965 (Part 735, Chap. I, 5 C.P.R.). It is formation. This section does not pre­ 579.14 Letters and petitions to Congress. in consonance with the Code of Ethics clude DA personnel from teaching, lec­ 579.15 Defamatory or irresponsible state­ for Government Service contained in turing, and writing as authorized by ments. House Concurrent Resolution 175, 85th § 579.12, nor does it preclude DA per­ 579.16 Borrowing and lending money. Congress (72 Stat. 1312), which applies sonnel from having financial interests or 579.17 Gambling, betting, and lotteries. to all Government personnel. engaging in financial transactions to the 579.18 Indebtedness. same extent as private citizens not em­ 579.19 Information to personnel. (c) This part includes standards of 579.20 Reporting suspected violations. conduct based on the revisions of the ployed by the Government so long as they conflict of interest laws enacted in 1962 are not prohibited by law or regulations. Statement of E m ploym ent and F inancial (Public Law 87-777 and Public Law 87- (b) Dealing with present and former I nterests 849) (76 Stat. 777,1119). military and civilian personnel. DA per­ sonnel will not knowingly deal with mili­ 579.21 Statements of employment and fi­ § 579.2 Explanation of terms. nancial interests. tary or civilian personnel, or former 579.22 Review of positions. (a) “DOD personnel” as used in this military or civilian personnel, of the 579.23 Manner of submission—statements part, unless the context indicates other­ Government, if such action will result in of employment. wise, means all civilian officers and em­ a violation of a statute or policy set forth 579.24 Excusable delay. ployees, including special Government in this part. 579.25 Special Government employees— (c) Membership in associations. All statement of employment and fi­ employees, of all the offices, agencies, and nancial interests. departments in the Department of De­ DA personnel who are members or offi­ 579.26 Exceptions to specific appointees. fense (including nonappropriated fund cers of nongovernmental associations or 579.27 Supplementary statements. activities) and all active duty officers and organizations must avoid activities on 579.28 Interests of employee’s relatives. enlisted members of the Army, Navy, Air behalf of the association or organization 579.29 Information not known by employ­ Force, and Marine Corps. that are incompatible with their official ees. Government positions. 579.30 Information not required to be sub­ (b) The term “DA personnel” as used (d) Solicitation— (1) Military per­ mitted. in this part, unless the context indicates sonnel. Military personnel on active 579.31 Confidentiality of employee’s state­ otherwise, means all civilian officers and ments. duty are prohibited from personal com­ employees, including special Government mercial solicitation and sale to military 579.32 Effect of employees’ statements on employees, of the Department of the dther requirements. personnel who are junior in grade or Army (including nonappropriated fund rank. This prohibition is applicable to Conflict of I nterest L aws activities) and all active duty officers activities on or off an installation, in and enlisted members of the Army. 579.33 Full-tim e officers and employees. or out of uniform, while on or off duty, 579.34 Special Government employees. (c) The term “military personnel” as and includes but is not limited to the 579.35 Former officers or employees. used in this part, unless the context in­ personal solicitation and sale of life and 579.36 Retired Regular officers. dicates otherwise, means all officers, war- automobile insurance, stock, mutual 579.37 Officers of Reserve components. part, includes commissioned and warrant funds, real estate, or any other commodi­ 579.38 Other related laws applicable to all the Army on active duty. ties, goods, or services. As used herein, DOD personnel. (d) The term “officer” as used in this Appendix I—Extract from Appendix C of “personal commercial solicitation” refers Civil Service Federal Personnel Manual Sys­ part includes commissioned and warrant to those situations where a military tem on Special Government Employees officers. member is employed as a sales agent on (Including Guidelines for Obtaining and commission or salary, and contacts Utilizing the Services of Special Govern­ § 579.3 Ethical standards of conduct. prospective purchasers suggesting they ment Employees). (a) G e n e r a l. DA p erso n n el arebuy the commodity, real or intangible, Appendix II—Disposition of DD Form 1555 bound to refrain from any private busi­ that he is offering for sale. This pro­ completed by General Officers. hibition is not applicable to the one-time Appendix III—Disposition of DD Form 1555 ness or professional activity or from completed by civilian personnel referred to having any direct or indirect financial sale by an individual of his own per­ in § 579.23(c). interest which would place them in a sonal property or privately owned

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 RULES AND REGULATIONS 1X643 dwelling. It is not the intent of this (6) Affecting adversely the confidence sition of not acting in good faith. Un­ subparagraph to discourage the off-duty of the public in the integrity of the Gov­ authorized personnel will refrain from employment of military personnel, but ernment. making any commitment or promise re­ it is the intent to eliminate any and all § 579.4 Bribery and graft. lating to award of contracts and will instances where it would appear that make no representation which would be coercion, intimidation, or pressure was In general, DA personnel may be sub­ construed as such a commitment. Army used based on rank, grade, or position. ject to criminal penalties if they solicit, personnel will not under any circum­ See also § 552.18(j). accept, or agree to accept anything of stances advise a business representative (2) Civilian employees. Civilian em­value in return for performing or re­ that an attempt will be made to influence ployees are not permitted to engage in fraining from performing an official act. another person or agency to give prefer­ canvassing, soliciting, or peddling on See 18 U.S.C. 201. ential treatment to his concern in the Department of the Army premises. § 579.5 Unauthorized release of procure­ award of future contracts. Any person (i) This prohibition includes, but is ment information. requesting preferential treatment will not limited to the following activities: It is the individual responsibility of be informed by official letter that De­ (a) Canvassing, soliciting, or selling all personnel, both military and civilian, partment of Army contracts are awarded for personal monetary gain. of the Department of the Army to re­ only in accordance with established con­ (b) Promoting group buying when frain from releasing to any individual or tracting procedures. such action could reasonably be inter­ any individual business concern or its § 579.8 Gratuities. preted as involving the improper use of representatives any knowledge such per­ Federal facilities and manpower. sonnel may possess or have acquired in (a) Except as provided in paragraph (c) Canvassing or soliciting member­ any way concerning proposed procure­ (b) of this section, DA personnel will not ship, except as authorized in Federal ments or purchases of supplies by any solicit or accept any gift, gratuity, favor, Personnel Manual, Chapter 711, and procuring activity of the Department of entertainment, loan, or any other thing Civilian Personnel Regulation 700, the Army. Such information will be of monetary value either directly or in­ Chapter 711, in connection with or­ released to all potential contractors as directly from any person, firm, corpora­ ganized employee groups. nearly simultaneously as possible and tion, or other entity which— (ii) This prohibition is not applicable only through duly designated agencies, ( 1 ) Is engaged or is endeavoring to en­ to the following activities: so that one potential source of supply gage in procurement activities or busi­ (a) Those activities which have been may not be given an advantage over ness or financial transactions of any sort specifically authorized by the activity another. All dissemination of such in­ with any agency of the Department of commander § 552.18(j). formation will be in accordance with Defense; (b) Soliciting contributions for chari­ existing authorized procedures and only (2) Conducts operations or activities table, health, welfare, and similar or­ in connection with the necessary and that are regulated by any agency of the ganizations as authorized in AR 600-29 proper discharge of official duties. Department of Defense; or (DA regulations regarding fund raising § 579.6 Selection and instruction of per­ (3) Has interests that may be sub­ within the Department of the Army). stantially affected by the performance or (c) Accepting voluntary contributions sonnel assigned to procurement and related activities. nonperformance of the official duty of from other employees in case of death, the Department of Defense personnel illness, marriage, retirement, or similar (a) The importance of the procure­ concerned. occurrence involving a fellow employee. ment function to the Department of the (d) Collecting contributions for group Army makes selection and instruction of Gifts, gratuities, favors, entertainment, immunization programs conducted for procurement personnel a matter of ma­ etc., bestowed upon members of the im­ the bentfit of employees. jor importance to appointing officials. mediate families of DA personnel are (e) Those activities of voluntary or­ Selected personnel are not only responsi­ viewed in the same light as those be­ ganizations of Federal employees which ble for protecting the Government’s in­ stowed upon DA personnel. Acceptance are of the type commonly accepted as terest but also for maintaining the repu­ of gifts, gratuities, favors, entertainment, normal functions of employee organiza­ tation of the Department of the Army etc., no matter how innocently tendered tions sponsored or permitted by private for honesty, courtesy, and fair dealings and received, from those who have or employers. in all relations with contractors. All seek business with the Department of (e) Assignment of reserves for train­ procurement and related activities per­ Defense may be a source of embarrass­ ing. DA personnel who are responsible sonnel, military or civilian, must com­ ment to the department and the person­ for assigning Reserves for training ply with the provisions of Title 10, nel involved, may affect the objective should make every effort to assign them United States Code, Chapter 137, the judgment of the recipient, and may im­ when they are on active duty for training Armed Services Procurement Regula­ pair public confidence in the integrity of to duties in which they will not obtain tions (Subchapter A, Chap. I of this the business relations between the de­ information that could be used by them title), the Army Procurement Procedures partment and industry. or their employers to give them an (Subchapter G of this chapter), and the (b) For the purpose of this section, unfair advantage over their civilian Department of the Army circulars, di­ a gift, gratuity, favor, entertainment, competitors. rectives, and other publications perti­ etc., includes any tangible item, intan­ (f) Conduct prejudicial to the Gov­ nent thereto. Every person engaged in gible benefits, discounts, tickets, passes, ernment. DA personnel shall not engage procurement and related activities must transportation, and accommodations or m criminal, infamous, dishonest, im­ at all times protect the interests of the hospitality given or extended to or on be­ moral, or notoriously disgraceful conduct Government. half of the recipient. However, the or other conduct prejudicial to the Gov­ (b) A copy of this part will be fur­ restrictions in paragraph (a) of this ernment. Moreover, DA personnel shall nished to individuals assigned to pro­ section do not apply to the following: avoid any action whether or not specifi­ curement and related activities in ac­ (1) Instances in which the interests of cally prohibited by this part, which cordance with the distribution prescribed the Government are served by partici­ might result in, or create the appearance for the Army Procurement Procedures. pation of DA personnel in widely at­ tended luncheons, dinners, and similar (1) Using public office for private § 579.7 Unauthorized statements or com­ gam. gatherings sponsored by industrial, tech­ mitments with respect to award of nical, and professional associations for (2) Giving preferential treatment to contracts. any person. the discussion of matters of mutual in­ Only contracting officers and their terest to Government and industry. (3) Impeding Government efficiency duly authorized representatives acting or economy. Participation by DA personnel is appro­ within their authority are authorized priate when the host is the association . ^ complete independence or to commit the Government with respect impartiality. and not an individual contractor; Ac­ to award of contracts. Unauthorized ceptance of gratuities, or hospitality from ^^kiog a Government decision discussion and commitments may place outside official channels. private companies in connection with the Department of the Army in the po- such association’s activities is prohibited.

No. 172------2 FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11644 RULES AND REGULATIONS

(2) Situations in which the interests resentatives with civilian leaders as part gratuity as required in paragraph (b) (4) of the Government are served by par­ of community relations programs. of this section. ticipation of DA personnel in activities (12) Contractor-provided local trans­ (3) Selection of personnel to attend at the expense of individual defense con­ portation while on official business and such courses will be made by the Govern­ tractors when the invitation is addressed when alternative arrangements are ment and not by the contractor. In­ to and approved by the employing agency clearly impracticable. vitations to individuals to attend courses of DOD. These activities include public (13) Participation in civic and com­ at the expense of the contractor may not ceremonies of mutual interest to indus­ munity activities by DA personnel when be accepted. try, local communities, and the Depart­ the relationship with the defense con­ (4) Authorized attendance at such ment of Defense, such as the launching tractor can reasonably be characterized courses will be considered official busi­ of ships or the unveiling of new weapons as remote; for example, participation in ness, with payment of applicable trans­ systems; industrial activities which are a little league or Combined Federal Cam­ portation and per diem as well as reim­ sponsored by or encouraged by the Gov­ paign luncheon which is subsidized by a bursement for any tuition or other train­ ernment as a matter of U.S. defense or concern doing business with a defense ing expenses paid. Attendance will not economic policy, such as sales meetings activity. be authorized if there is any doubt of the to promote offshore sales involving for­ (14) Receipt of bona fide reimburse­ contractor’s intention to impose appro­ eign industrial groups or governments. ment, not prohibited by law, from other priate charges for such meals, lodging, (3) Luncheons or dinners at a con­ than defense contractors for actual ex­ and entertainment as may be furnished tractor’s plant on an infrequent basis, penses for travel and other necessary in connection with the course. when the conduct of official business subsistence for which no Government (5) The foregoing principles are in within the plant will be facilitated and payment, or reimbursement is made. amplification of paragraphs (a) through when no provision can be made for in­ However, an employee may not be re­ (c) of this section, and the provisions dividual payment. imbursed, and payment may not be made thereof remain fully applicable to the (4) Situations in which, in the judg­ on his behalf, for excessive personal conduct of those attending courses of ment of the individual concerned, the living expenses, gifts, entertainment, or any kind. Government’s interest will be served by other personal benefits. (e) Procedures with respect to gifts participation by DA personnel in activi­ (c) Except as provided in paragraph from foreign governments are set forth ties at the expense of a defense contrac­ (b) (12) of this section, personnel on of­ in AR 672-5-1, DA regulations.pertaining tor. In any such case in which DA ficial business may not accept contrac­ to awards. personnel accepts any gratuity, favor, tor-provided transportation, meals, or (f) Procedures with respect to ROTC entertainment, etc., either directly or overnight accommodations in connection staff members of payments or other indirectly from any person, firm, cor­ with such official business so long as benefits offered by educational institu­ poration, or any other entity which is Government or commercial transporta­ tions are set forth in paragraph 27, AR engaged in or is endeavoring to engage tion or quarters are reasonably available. 145-5, DA regulations pertaining to the in business transactions of any sort with However, where the overall Government ROTC. the Department of Defense, a written interest would be served by acceptance report of the circumstances will be pre­ by DA personnel of such transportation § 579.9 Prohibitions of contributions or pared and forwarded within 48 hours. or accommodations in specific cases, au­ presents to superiors. This report will be transmitted through thorization therefor may be granted by No officer or employee in the United the chain of command to the first com­ order issuing authorities. mand position occupied by an Army gen­ States Government employ shall at any (d) The principles in subparagraphs time solicit contributions from other offi­ eral officer superior to the person making (1) through (5) of this paragraph will cers or employees in the Government the report. It will identify the favor, serve as appropriate guidelines when service for a gift or present to those in gratuity, or entertainment; when, where, Government contractors provide train­ a superior official position; nor shall any and from whom received; and state the ing, orientation, and refresher courses such officials or superiors receive any justification for acceptance. Personnel to Government personnel. These train­ gift or present offered or presented to of the Office of the Secretary of the ing courses range from executive orienta­ them as a contribution from persons in Army will forward such reports to the tion courses in which all expenses are Government employ receiving a salary General Counsel, Department of the borne by the contractor to annual semi­ in an amount smaller than their own; Army. nars devoted to technical developments nor shall any officer or employee make (5) Specialty advertising items of in which the only “gratuity” may be the any donation as a gift or present to any trivial intrinsic value. giving of lectures free of charge. official superior. Every person who vio­ (6) Customary exchange of social (1) When a course is given pursuant lates this provision shall be discharged amenities between personal friends and to a contractual undertaking with the from the Government employ (R.S. relatives when motivated by such re­ Government, the course itself is not a 1784; 5 U.S.C. 113). lationship and extended on a personal gratuity. The furnishing of meals, lodg­ basis. ing, and transportation to the extent re­ § 579.10 Use of Government facilities, (7) Things available impersonally to quired by the contract is likewise not a property, and manpower. the general public or classes of the gen­ gratuity. However, the furnishing of (a) G eneral. DA personnel will not eral public such as a free exhibition by same, or of entertainment and the like directly or indirectly use, or allow the use a defense contractor at a world’s fair. if not required by the contract, does con­ of, Government property of any kind, (8) Trophies, entertainment, rewards, stitute a gratuity if appropriate charge including property leased to the Gov­ or prizes given to competitors in contests therefor is not made to the individual. ernment, for other than officially ap­ which are open to the public generally If lodging, meals, transportation, and proved activities. Government facilities, or which are officially approved for par­ the like are furnished as a part of a property, and manpower, such as steno­ ticipation in by DOD personnel. contract, travel and other expenses graphic and typing assistance and (9) Transactions between and among otherwise chargeable to the Government mimeograph and chauffeur services, may relatives which are personal and con­ will be appropriately reduced in accord­ be used only for official Government sistent with the relationship. ance with applicable regulations. business. DA personnel have a positive (10) The acceptance of loans from (2) Attendance at tuition-free non- duty to protect and conserve Govern­ banks or other financial institutions on academic training or refresher courses, ment property, including equipment, customary terms to finance proper and seminars, and the like offered by con­ supplies, and other property entrusted to them. This restriction is not intended usual activities of employees such as tractors (although not required to do so by the contract) may be authorized when to preclude the use of Government fa­ home mortgage loans. attendance is clearly in the interest of cilities for activities which would further (11) Social activities engaged in by the Government. Under such circum­ military-community relations provided officials of the Department of Defense stances the training or instruction itself they do not interfere with military and officers in command or their rei>- will not be regarded as a reportable m issions.

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 RULES AND REGULATIONS 11645

(b) Special mission aircraft. Special § 579.12 Outside employment of DA tary of the'Army gives written authoriza­ mission aircraft will be used only for personnel. tion for the use of nonpublic information official purposes in the implementation (a) DA personnel shall not engage in on the basis that the use is in the putftic of projects or missions involving their outside employment or other outside interest. In addition, an employee who use, approved by the Secretary of the activity, with or without compensation, is a civilian Presidential appointee shall Army or the Chief of Staff. See AR 96- which— not receive compensation or anything of 20, DA regulations pertaining to trans­ (1) Interferes with, or is not com­ monetary value for any consultation, portation by aircraft. patible with, the performance of their lecture, discussion, writing, or appear­ (c) Use of m otor vehicles. (1) Full­ Government duties. ance, the subject matter of which is de­ time assignment of official vehicles to (2) May reasonably be expected to voted substantially to the responsibili­ officials of the Department of the Army bring discredit upon the Government or ties, programs, or operations of the at the seat of Government will be sub­ the Department of the Army. Department of the Army or which draws ject to the approval of the Secretary of (3) Is inconsistent with § 579.3(a), substantially on official data or ideas Defense or the Deputy Secretary of De­ including such inconsistent acts as the which have not become part of the body fense. Full-time assignments at Depart­ acceptance of a fee, compensation, gift, of public information. ment of the Army field installations will payment of expense, or any othier thing . (g) No civilian employee may engage be subject to the approval of the Secre­ of monetary value in circumstances in in outside employment under a State or tary of the Army. which that acceptance may result in or local government except in accordance (2) DA personnel authorized full-timecreate the appearance of, conflicts of with Part 734 of the Civil Service regu­ use of official vehicles will not use such interest. lations (5 CFR Part 734). vehicles for other than the actual per­ (b) No enlisted member of the Armed (h) The standards prescribed in para­ formance of official duties. Forces on active duty may be ordered or graph (a) of this section, apply also to permitted to leave his post to engage in foreign employment and interests. In § 579.11 Use of civilian and military a civilian pursuit or business, or a per­ addition, Executive Order 5221, Novem­ titles in connection with commercial ber 11, 1929, prohibits Federal employees enterprise. formance in civil life, for emolument, hire, or otherwise if the pursuit, business, from accepting employment with any (a) All civilian personnel, and mili­ or performance interferes with the cus­ foreign government or foreign corpora­ tary personnel on active duty, are pro­ tomary or regular employment of local tion, partnership, or individual that is hibited from using their civilian and civilians in their art, trade, or profession. in competition with American industry. military title or positions in connection (c) Active duty military personnel who (i) This section does not preclude DA with any commercial enterprise or in en­ are engaged in outside employment as personnel from— dorsing any commercial product. For agents for the sale of any commodity are (1) Participation in the activities of the purpose of this section, the term governed by the provisions of § 552.18(j), national or State political parties not “commercial enterprise” includes any and § 579.3(d). proscribed by law or regulation. organization other than a nonprofit or (d) No officer or enlisted person on the (2) Participation in the affairs or ac­ charitable organization which is exempt active list of the Army, or civilian em­ ceptance of an award for a meritorious from Federal income taxation because it ployee of the Department of the Army, public contribution or achievement given comes within subsection (1), (3), (4), will act as a consultant for a private by a charitable, religious, professional, (6), (7), (8), (9), (10), (11), (13), or commercial enterprise with regard to any social, fraternal, nonprofit educational, (14) of section 501(c) of the Internal matter in which the Government is in­ nonprofit recreational, public service, or Revenue Code of 1954, as amended (26 terested with the following exceptions: civic organization. U.S.C. 501). No civilian person and no (1) Literary activities as provided in § 579.13 Political activities. military person on extended active duty Part 504 of this chapter. will use his civilian or military title or (2) Service without remuneration in (a) For political activities of civilian position in connection with any organi­ an advisory capacity (member of a board personnel, see Chapter 733, Federal Per­ zation unless he first determines from of directors, officer of an association, sonnel Manual. the organization involved that it is ex­ etc.) to a publication which is or may be (b) For political activities of military empt from taxation under one of the issued by or for any branch or organiza­ personnel, see paragraph 42, AR 600-20, above subsections of the Internal Rev­ tion of the Army or military association. DA regulations pertaining to personnel. enue Code. The foregoing shall not be Other service on the staff of such a pub­ deemed to preclude publication by such § 579.14 Letters and petitions to Con­ lication which accepts paid advertising gress. personnel of books or articles which is prohibited. identify them as authors by reference to (e) Installation commanders will pro­ The right of civilian employees, either their military or civilian title or posi­ hibit the use of military personnel or individually or collectively, to petition tion, provided that publication of such civilian employees of the Army, during Congress, or any member thereof, or to material has been cleared under existing normal working hours, in conducting co­ furnish information to any committee DOD procedures. See part 504 of this operatives which operate in competition or Member of Congress, is provided by chapter. with civilian enterprises. This provision law (5 U.S.C. 652d). Letters to Con­ (b) All retired military personnel and does not preclude the use of personnel gress, as well as petitions and other all members of Reserve components, not where authorized for those nonappro- communications, are covered by this pro­ on active duty, are permitted to use their priated funds and activities prescribed vision. While the Department of the military titles in connection with com­ by AR 230-5 DA regulations pertaining Army desires that employees seek to re­ mercial enterprises. Such use of military to nonappropriated funds. The provi­ solve any problem or grievance locally, titles shall in no way cast discredit on sions of this section are not applicable any employee exercising his right to cor­ the military services or the Department to members of the Reserve components respond with a Congressman shall be of Defense. Such use is prohibited in who are not on active duty and who are free from restraint or coercion. How­ connection with commercial enterprises not employees of the Army. ever, the use of appropriated funds to when such use, with or without the in­ (f) DA personnel are encouraged to tent to mislead, gives rise to any appear­ engage in teaching, lecturing, and writ­ influence the consideration of legislation ance of sponsorship, sanction, endorse­ ing. However, an employee shall not, is prohibited by statute (18 U.S.C. 1913). ment, or approval by the Department of either for or without compensation, en­ Accordingly, employees may not use duty the Army or the Department of Defense. gage in teaching, lecturing, or writing time or Department of the Army ma­ Tme Department of the Army may rer that is dependent on information ob­ terials or equipment to make their de­ strict retired personnel and members of tained as a result of his Government Reserve components, not on active duty, employment except when that informa­ sires known to Congress. For informa­ from using their military titles in con­ tion has been published or is available tion relating to Congressional activities nection with public appearances in over­ to the general .public or will be made of military personnel, see paragraph 41, sea areas. available on request, or when the Secre­ AR 600-20.

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11646 RULES AND REGULATIONS

§ 5 7 9 .1 5 D e fa m a to ry or irresponsible which the agency determines does not, duties, divestment of the conflicting in­ statements. under the circumstances, reflect ad­ terest, disqualification for a particular Civilian employees are free to utilize versely on the Government as his em­ assignment, or disciplinary action. The the grievance procedure to express dis­ ployer. In the event of dispute between resolution, whether by disciplinary ac­ satisfaction with working conditions and DA personnel and alleged creditors, this tion or otherwise, will be effected in ac­ relationships (CPR E2. 1-1); to petition paragraph does not require the Depart­ cordance with applicable laws, Execu­ Congress; and to present full and com­ ment of the Army to determine the valid­ tive Orders, and regulations. plete information as a defense against a ity or amount of the disputed debt (par. § 579.20 Reporting suspected violations. 36, AR 600-20, and CPR 700, Ch. 735). proposed adverse personnel action (CPR DA personnel who have information SI. 2-2 and 2-4). While these policies § 579.19 Information to personnel. which causes them to believe that there encourage freedom of expression, em­ (a) Appropriate action will be' taken has been a violation of a statute or ployees are accountable for the state­ policy set forth in this part will promptly ments they make or the views they ex­ to insure that new DA personnel are in­ formed of the standards of conduct speci­ report such incidents to their immedi­ press. Specifically, employees are not ate superiors. If the superior believes permitted to make irresponsible, false, or fied in this part upon employment or entry on duty. Appropriate action also there has been a violation, he will re­ defamatory statements for the express port the matter for further action in purpose of injuring others or which at­ wifi be taken to bring these standards of conduct to the attention of all person­ accordance with existing procedures. tack, without foundation, the integrity Any question or doubt on the part of the of an organization or that of other in­ nel at least semiannually. (b) The attention of DA personnel is immediate superior will be resolved in dividuals. The Supreme Court has ruled favor of reporting the matter. that officers of the Federal Government directed to each statute relating to have an “absolute privilege” for defama­ ethical and other conduct that is referred S tatements of E mployment and F inan­ tory statements issued in the course of to in this part and in appendix B to Part cial I nterests their official duties. Although this 40, chap. I of this title (31 F.R. 4995, March 26, 1966). DA personnel will be § 579.21 Statements of employment and privilege is referred to as an “absolute financial interests. privilege,” it applies only to statements advised how to obtain additional clarifi­ made in the course of performance of cation of the standards of conduct set The following DA personnel are re­ official duties and is to be exercised with forth in this part and in related statutes, quired to submit statements of employ­ care and restraint. This privilege does rules, and regulations. For this purpose, ment and financial interests: not apply to defamatory statements un­ heads of DA agencies and major com­ (a) DA personnel paid at a level of the related to official duties. manders will provide for the designation Federal Executive Salary Schedule es­ in each DA agency, command, or instal­ tablished by the Federal Executive § 579.16 Borrowing and lending money. lation of one or more legal officers as Salary Act of 1964, as amended (Secre­ Civilian employees may not borrow deputy counselors who shall be responsi­ tary of the Army, Under Secretary of the money from either their subordinates or ble for providing advice and assistance Army, Assistant Secretaries of the Army, their supervisors or have such persons on all matters relating to conduct and Director of Civil Defense, and Gen­ act as indorser or comaker of a note conflicts of interest and for reviewing eral Counsel). given as security for a personal loan. statements of employment and financial (b) DA personnel in Grade GS-16 or Neither may an employee loan money to interests covered by this part. above, of the General Schedule estab­ fellow employees for the purpose of (c) Questions which cannot be re­ lished by the Classification Act of 1949, monetary profit or other gain. Anyone solved by a legal office will be referred, as amended, or in comparable or higher failing to observe these rules of conduct with recommendations, through chan­ positions not subject to that Act includ­ will be subject to disciplinary action. nels to higher authority. The General ing Public Law 313 (61 Stat. 715) and These prohibitions do not apply to the Counsel, Office of the Secretary of the commissioned officers in the pay grade operations of recognized credit unions Army, is designated as the counselor for of 07 or above. or to employee welfare plans. the Department of the Army and is re­ (c) DA personnel in Grades GS-13 sponsible for proper coordination and through GS-15 or commissioned officers § 579.17 Gambling, belling, and lotter­ final disposition of all problems relating in the rank of Lieutenant Colonel and ies. to conflicts of interest and statements of Colonel whose basic duties and responsi­ DA personnel shall not participate, employment and financial interests in bilities require the incumbent to exer­ while on Government-owned or leased accordance with this part. cise judgment in making or recommend­ property or while on duty for the Gov­ (d) Procedures established governing ing a Government decision or in taking ernment, in any gambling activity in­ the review of statements of employment or recommending Government action in cluding the operation of a gambling and financial interests shall provide regard to­ device, in conducting a lottery or pool, in that""— il) Contracting or procurement. For a game for money or property, or in sell­ (1) Whenever such review discloses a the purpose of this part “contracting or ing or purchasing a numbers slip or conflict or apparent conflict of interests, procurement” includes all functions that ticket. However, this section does not the individual concerned is entitled to an pertain to the authorization, award, and preclude activities— opportunity to explain the conflict or ap­ administration of contracts or grants (a) Necessitated by an employee’s law pearance of conflict. with nongovernmental entities. This enforcement duties; or (2) vIf the conflict or appearance of i n c l u d e s agreements, supplemental (b) Under section 3 of Executive Order conflict is not resolved on review by the agreements, subcontracts, leases, service 10927 (26 F Jt. 2383, March 22,1961) and explanation made by the individual con­ orders, task orders, purchase orders, de­ similar activities approved by Headquar­ cerned, the information pertaining to the livery orders, change orders, property ters, DA. See paragraph 10, AR 28-125, matter will be submitted through chan­ disposal contracts, communication serv­ DA regulations pertaining to service nels to the Under Secretary of the Army, ice authorizations, and other instruments clubs. as the designee of the Secretary of the or agreements which obligate the United Army, after review by the General Coun­ States. It includes pre-award surveys; § 579.18 Indebtedness. sel, Office of the Secretary of the Army. the evaluation, appraisal, selection, or DA personnel shall pay each just (3) The resolution of a conflict or approval of contractors and subcontrac­ financial obligation in a proper and apparent conflict of interest either on tors, contractor and subcontractor facili­ timely manner, especially one imposed . review or after referral to the Under ties, and the location, transfer, or closing by law such as Federal, State, or local Secretary of the Army will be effected of, work sites. It also includes purchas­ taxes. For the purpose of this section, promptly so that the conflict or appear­ ing, renting, leasing, or otherwise ob­ a “just financial obligation” means one ance of conflict is ended. The resolu­ taining supplies or services from, and acknowledged by the employee or reduced tion of the conflict or appearance of con­ disposing or selling supplies to nongov­ to judgment by a court, and “in a proper flict may be accomplished by one or more ernmental entities and all functions that and timely manner” means in a manner means, such as changes in assigned relate to obtaining or disposing of sup-

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 RULES AND REGULATIONS 11647 plies and services, description and deter­ counts such as banks, credit unions, etc., General Counsel, OSA. An appointee mination of requirements, preparation of will not be included as financial interests must list all of his investments and other specifications including the determina­ on these forms. financial interests such as a pension; tion of technical requirements, selection § 579.23 Manner of submission— state­ retirement; group life, health, or acci­ and solicitation of sources, preparation ments of employment. dent insurance; and profit-sharing, and award of contracts or grants, and all stock bonus, or other employee welfare phases of contract and grant adminis­ (a) The Secretary of the Army, the or benefit plan maintained by a former tration and monitoring, including all Under Secretary of the Army, the As­ employer. He is not required to list pre­ aspects of quality control and quality sistant Secretaries of the Army, the Di­ cise amounts of investments. assurance, inspection, and acceptance. rector of Civil Defense, the Deputy Under (c) The following categories of special (2) Auditing. Auditing private or Secretary of the Army (Manpower), the Government employees are not consid­ other non-Federal enterprise including Administrative Assistant to the Secre­ ered advisers or consultants within the the supervision of auditors engaged in tary of the Army, and the General Coun­ meaning of this section when perform­ audit activities or the participation in sel, OSA, will submit statements of em­ ing the specific services listed below and the development of policies and proce­ ployment and financial interests to the are not required to file the statement of dures for performing such audits, includ­ General Counsel of the Department of employment and financial interests; ing the authorization and monitoring of Defense. (1) Physicians, dentists, and allied grants to institutions or other non-Fed- (b) General officers will submit state­ medical specialists performing care and eral enterprise. ments of employment and financial in­ service to patients. (3) Other. Activities in which the terests as prescribed in appendix n. (2) Veterinarians providing veteri­ decision or action has an economic im­ (c) Personnel in Grade GS-16 or nary service to animals. pact on the interests of any non-Federal above of the General Schedule estab­ (3) Lectures participating in educa­ enterprise. lished by the Classification Act of 1949, tional activities. or in comparable or higher positions not § 579.22 Review of positions. (4) Chaplains performing religious subject to that Act, and not included in services. (a) All positions in the category in­ paragraph (a) of this section, will submit (5) Individuals of national promi­ dicated in § 579.21(c), both military and statements of employment and financial nence in the motion picture and tele­ civilian, will be reviewed and a state­ interests as prescribed in appendix in . vision fields who are utilized as narrators ment as to whether the incumbent of (d) DA personnel not included in or actors in motion picture or television the position must file a statement of paragraphs (a) through (c) of this sec­ productions produced by the Department employment and financial interest as tion will submit statements of employ­ of Defense. required by this regulation will be in­ ment and financial interests to the officer (6) A special Government employee cluded in each military and civilian posi­ designated under § 579.19(b), except that who is not a “consultant” or “expert” as tion description or similar document personnel of the Office of the Secretary those terms are defined in Chapter 304 describing the duties and responsibili­ of the Army will submit such statements of the Federal Personnel Manual. ties of the position. This determination to the General Counsel, OSA. will be reviewed at least annually. The (e) Statements of employment and § 579.26 E x c e p t ion s to specific ap­ review may be accomplished at the time financial interests shall be submitted by pointees. performance, efficiency, or effectiveness each officer or employee required by this The Secretary of the Army may grant ratings are given, or incident to other part to file a statement, not later than an exception to a specific appointee from currently prescribed annual reviews. August 15, 1966 (as of a date no earlier completing that part of the statement of Incumbents of positions identified as in-- than June 30» 1966) and periodically employment and financial interests re­ volving any of the functions described thereafter as prescribed in § 579.27. Em­ lating to his investments and other finan­ in § 579.21(c) will be required to comply ployees who enter Government service cial interests referred to in § 579.25(b), with the filing requirements of this part. after June 30, 1966, who are required to upon the making of a determination that (b) Positions in the above categories file a statement of employment and fi­ this information is not relevant in the may be excluded when it is determined nancial interests, shall file such state­ light of the duties the appointee is to by the Secretary of the Army, or his ments within 30 days from the date of perform. designee, that the duties are at such a commencement of such service. level of responsibility that the submis­ § 579.27 Supplementary statements. § 579.24 Excusable delay. sion of a statement of employment and Changes in or additions to the infor­ financial interests is not necessary be­ If by reason of his duty assignment it mation contained in an employee’s state­ cause of the degree of supervision and is impracticable for an individual*to sub­ ment shall be reported in a supple­ review of the incumbent and the remote mit a statement within the period re­ mentary statement in the month follow­ and inconsequential effect on the in­ quired by this regulation, his immediate ing the end of the quarter in which the tegrity of the Government. superior may grant an extension of time changes occur. Quarters end March 31, (c) The Secretary of the Army, or his therefor. Any extension in excess of 30 June 30, September 30, and December 31. designee, may relieve personnel serving days requires the concurrence of the Sec­ If there are no changes or additions in a in an area designated as a hostile fire retary of the Army. Statements sub­ quarter, a negative report is not re­ area from the requirement for the sub­ mitted pursuant to an extension of time quired. However, for the purpose of mission of statements of employment granted will include appropriate nota­ annual review, a supplementary state­ and financial interests. tion to that effect. ment (as of June 30), negative or other­ (d) The statements of employment § 579.25 Special Government em­ wise, is required by July 31 of each year. and financial interests will be submitted ployees— statement of employment § 579.28 Interests of employee’s rela­ on DD forms as indicated below. DD and financial interests. Form 15551 (Confidential Statement of tives. Employment and Financial Interests— (a) For the purpose of this section, The interest of a spouse, minor child, DOD Personnel), is for use by all DA “special Government employee” has the or other member of an employee’s im­ Personnel except special Government meaning given that term by § 579.34. mediate household is considered to be an employees. DD Form 1555-11 (Confi­ (b) Each special Government em­ interest of the employee. For the pur­ dential Statement of Employment and ployee who is an adviser or consultant pose of this part, “member of an em­ Financial Interests) is for use by special shall, prior to appointment, file with the ployee’s immediate household” means Government em ployees. Information officer designated under § 579.19(b) a those blood relations who are residents of statement (DD Form 1555-1) setting the employee’s household. Pertaining to deposits in savings ac- forth his Government employment, his private employment, and his financial § 579.29 Information not known by em­ ployees. 8,8 Part the original document. interests; except individuals assigned to thro" gh the Office of the Secretary of the Army, If any information required to be in­ such statements will be filed with the cluded on a statement of employment

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11648 RULES AND REGULATIONS and financial interests or supplementary paid and unpaid representation of an­ Will relieve the person of duty and re­ statement, including holdings placed in other (18 U.S.C. 203, 205). sponsibility in the particular matter. trust, is not known to the employee but (2) He may not receive any salary, (4) In cases of disqualification under is known to another person, the employee or supplementation of his Government this section, the matter will be reassigned shall request that other person to submit salary, from a private source as compen­ for decision and action to someone else the information in his behalf. sation for his services to the Govern­ who is not subordinate to the disqualified person. § 579.30 Information not required to be ment (18 U.S.C. 209). submitted. (3) He may not participate in his § 579.34 Special Government employees. Governmental capacity in any matter An employee is not required to submit in which he, his spouse, minor child, (a) The term “special Government on a statement of employment and finan­ outside business associate or person with employee” includes an officer or em­ cial interests or supplementary state­ whom he is negotiating for employment, ployee who is retained, designated, ap­ ment any information relating to the has a financial interest (18 U.S.C. 208). pointed, or employed to perform, with or employee’s connection with, or interest Instead of participating in such a mat­ without compensation, for not to exceed in, a professional society or a charitable, ter, he must promptly disqualify him­ 130 days during any period of 365 con­ religious, social, fraternal, recreational, self in accordance with paragraph (d) secutive days, temporary duties either on public service, civic, or political organiza­ of this ' section, except as provided in a full-time or intermittent basis (18 tion or a similar organization not con­ paragraph (c) of this section. U.S.C. 202). ’ The term also includes a ducted as a business enterprise. For the (c) Nondisqualifying financial inter­ Reserve officer while on active duty solely purpose of this part, educational and est. A full-time officer or employee need for training for any length of time, one other institutions doing research and not disqualify himself under paragraph who is serving on active duty involun­ development or related work involving (b) (3) of this section, if his financial tarily for any length of time, and one grants of money from or contracts with holdings are in shares of a widely hfeld who is serving voluntarily on extended the Government are deemed “business diversified- mutual fund or regulated in­ active duty for 130 days or less. It does enterprises” and are required to be in­ vestment company. not include enlisted personnel. cluded in an employee’s statement of (b) Appendix B to Part 40, Chapter I employment and financial interests. Note. The indirect interests in business of this title (31 F.R. 4995, March 26, entities which the holder of shares in a 1966) contains a detailed discussion of § 579.31 Confidentiality of employees’ widely held, diversified mutual fund or regu­ statements. lated investment company derives from criminal laws relating to conflict of in­ ownership by the fund or investment com­ terest. In general, a special Government Each statement of employment and pany of stocks in business entities has been employee is subject to the following financial interests, and each supplemen­ exempted from the provisions of 18 U.S.C. major prohibitions: tary statement, will be held in confidence. 208a, in accordance with the provisions of (1) He may not, except in the dis­ The Department of the Army may not 18 U.S.C. 208b (2) as being too remote or charge of his official duties, represent disclose information from a statement inconsequential to affect the integrity of anyone else— except as the Secretary of the Army or the Government officers’ or employees’ services. (1) Before a court or Government the Civil Service Commission may de­ agency in a matter in which the United termine for good cause shown. (d) Disqualification procedure. (1) States is a party or has an interest and In any case where a full-time officer Or in which he has at any tune participated § 579.32 Effect of employees’ statements on other requirements. employee must disqualify himself under personally and substantially for the páragraph (b) (3) of this section, he will Government (18 U.S.C. 203, 205). The statements of employment and promptly notify his immediate superior (ii) In a matter pending before the financial interests and supplementary thereof and make a full disclosure of agency he serves unless he has served statements required of employees are in the financial interest. The superior will there no more than 60 days during the addition to, and not in substitution for, thereupon relieve him of his duty and past 365 (18 U.S.C. 203, 205). He is or in derogation of, any similar require­ responsibility in the matter, unless the bound by this restraint despite the fact ment imposed by law, order, or regula­ Government official responsible for his that the matter is not one in which he tion. The submission of a statement or appointment makes a written advance has ever participated personally and supplementary statement by an employee determination that the interest is not so substantially. does not permit him or any other person substantial as to be deemed likely to Note. The restrictions described in sub­ to participate in a matter in which his affect the integrity of the services which divisions (i) and (ii) of this subparagraph or the other person’s participation is the Government may expect from the apply to both paid and unpaid representa­ prohibited by law, order, or regulation. officer or employee. The original copy tion of another. of such written determination will be (2) He may not participate in his Conflict of I nterest Laws made a matter of permanent record and Government capacity in any matter in § 5 7 9 .3 3 F u ll-tim e officers and em­ will become a part of the Official Civilian which he, his spouse, minor child, out­ ployees. Personnel Folder or the military officer’s side business associate, or person with Personnel Records Jacket. whom he is negotiating for employment (a) Full-tim e officer or employee. The (2) In the case of a military officer has a financial interest (18 U.S.C. 208). term “full-time officer or employee” in­ or a civilian employee, the “official re­ Instead of participating in such a matter, cludes all civilian officers and employees sponsible for his appointment” shall, for he must promptly disqualify himself in and all military officers on active duty, the purpose of this section, be his accordance with § 579.33(d), except as except those who are “special Govern­ superior or such other person as the in­ provided in § 579.33(c). ment employees” (§ 579.34). It does not stallation commander may designate, (3) After his Government employ­ include enlisted personnel. who is a full-time officer or employee ment has ended, he is subject to the pro­ (b) Prohibitions. Appendix B(A) to serving in the grade of major or GS-12 hibitions in § 579.35(b) as a “former Part 40, Chapter I of this title (31 F.R. or higher. The designation, authorized employee” (18 U.S.C. 207). 4995, March 26, 1966), contains a dis­ to be made by installation commanders § 579.35 Former officers or employees. cussion of criminal laws relating to con­ as stated above, may be made by direc­ flict of interest and exemptions there­ tors or heads of comparable offices in (a) The term “former officer or em­ from. In general, a full-time officer or the Office of the Secretary of thé Army ployee” includes those full-time civilian employee is subject to the following ma­ and in Headquarters, Department of the officers or employees who have left Gov­ jor prohibitions: Army, for personnel assigned to their ernment service, special Government (1) He may not, except in the dis­ respective offices. employees who have left Government charge of his official duties, represent (3) In addition, where a superior service, retired Regular officers, and Re­ anyone else before a court or Govern­ thinks anyone responsible to him may serve officers released from active duty. ment agency in a matter in which the have a disqualifying interest, he will dis­ It does not include enlisted personnel. United States is a party or has an in­ cuss the matter with that person and, if (b) Appendix B (B) of Part 40 of terest. This prohibition applies both to he finds such an interest does exist, he chapter I -of this title contains a more

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 RULES AND REGULATIONS 11649 detailed discussion of the criminal law. § 579.37 Officers of the Reserve compo­ A p p e n d i x I nents. In general, a former officer or employee EXTRACT FROM APPENDIX C OF CIVIL SERVICE is subject to the following major (a) A Reserve officer who is volun­ FEDERAL PERSONNEL MANUAL SYSTEM ON prohibitions: tarily serving a period of extended active SPECIAL GOVERNMENT EMPLOYEES (INCLUDING (1) He may not, at any time after his GUIDELINES FOR OBTAINING AND UTILIZING duty in excess of 130 days is a full-time Government employment has ended, THE SERVICES OF SPECIAL GOVERNMENT represent anyone other than the United Government officer and § 579.33 applies EMPLOYEES) to him. States in connection with a matter in Each department and agency should ob­ which the United States is a party or has E xception. Any Reserve who, before be­ serve the following rules in obtaining and an interest and in which he participated ing ordered to active duty, was receiving utilizing the services of a consultant, adviser, personally and substantially for the compensation from any person may, while he or other temporary or intermittent employee: Government (18 U.S.C. 207(a)). is on that duty, receive compensation from (a) At the time of his original appoint­ (2) He may not, for 1 year after his that person (10 U.S.C. 1033). ment and the time of each appointment thereafter, the department or agency should Government employment has ended, (b) A Reserve officer who is serving on make its best estimate of the number of days represent anyone other than the United active duty involuntarily for any length during the following 365 days on which it States in connection with a matter in of time, and a Reserve officer who is vol­ will require the services of the appointee. A which the United States is a party or has untarily serving on extended active duty part of a day should be counted as a full day an interest and which was within the for 130 days or less, is a “special Govern­ for the purposes of this estimate, and a Sat­ boundaries of his official responsibility ment employee,” and § 579.34 applies to urday, Sunday, or holiday on which duty is during the last year of his Government him. to be performed should be counted equally service (18 U.S.C. 202(b), 207(b)). with a regular work day. (c) A Reserve officer (unless otherwise (b) Unless otherwise provided by law, an This temporary restraint, of course, gives a full-time officer or employee of the appointment should not extend for more way to the permanent restriction de­ United States) who is on active duty than 365 days. When an appointment ex­ scribed in subparagraph (1) of this solely for training for any length of time tends beyond that period, an estimate as paragraph if the matter is one in which is a “special Government employee,” and required by paragraph (a) should be made he participated personally and substan­ § 579.34 applies to him. at the inception of the appointment and a tially. (d) When he is released from active new estimate at the expiration of each 365 duty, a Reserve officer described in para­ days thereafter. § 579.36 Retired Regular officers. (c) If a department or agency estimates, graphs (a ), (b ), or (c) of this section, is a pursuant to paragraph (a) or (b), that an (a) Prohibitions. Appendix B(C) of “former officer” and § 579.35 applies to Part 40 of chapter I of this title contains appointee will serve more than 130 days dur­ him. ing the ensuing 365 days, the appointee a summary of the laws applicable to re­ (e) Membership in a Reserve compo­ should not be carried on the rolls as a special tired Regular officers. In general, a nent of the Armed Forces or in the Na­ Government employee and the department or retired Regular Army officer is subject to tional Guard does not, in itself, prevent agency should instruct him that he is re­ the following major prohibitions: a person from practicing his civilian pro­ garded as subject to the prohibitions of 18 (1) As an officer whose “employment fession or occupation before or in con­ U.S.C. 203 and 205 to the same extent as if has ceased,” he may not engage in the he were to serve as a full-tim e employee. nection with any department (5 U.S.C. If the estimate is that he will serve no more prohibited activities listed in § 579.35 30r(c), (d)). (18 U.S.C. 207). than 130 days during the following 365 days, (f) An officer of a Reserve component, he should be carried on the rolls of the (2) He may not, at any time, assist in whether in a Ready, Standby, or Retired department or agency as a special Govern­ prosecuting a claim against the United Reserve, who is not on active duty is not, ment employee and instructed that he is States if he worked on that claim while solely because of his status as a Reserve, regarded as subject only to the restrictions on active duty (18 U.S.C. 283). of 18 U.S.C. 203 and 205. Even if it becomes considered to be an officer or employee apparent, prior to the end of a period of 365 (3) He may not, within 2 years after of the United States for the purpose of his retirement, assist in prosecuting a days for which a department or agency has bringing him within the prohibitions made an estimate on an appointee, that he claim which involves the Department in summarized in §§ 579.33, 579.34, or 579.35 has not been accurately classified, he should whose service he holds a retired status (5 U.S.C. 30r(c), (d )). nevertheless continue to be considered a (18 U.S.C. 283). (g) Receipt of retired pay by a Re­ special Government employee or not, as the (4) He may not, at any time, sell any­ serve or a former Reserve does not, in case may be, for the remainder of that thing to the Department in whose service itself, make him an officer or employee 365-day period. he holds a retired status (18 U.S.C. 281). or a former officer or employee for the (d) An employee who undertakes service (5) He may not, within 3 years after with two departments or agencies shall in­ purpose of bringing him within the pro­ form each of his arrangements with the retirement, sell supplies or war materials hibitions summarized in §§ 579.33, 579.34, to any agency of the DOD, the Coast other. If both his appointments are made or 579.35. Section 579.36 does not apply on the same date, the aggregate of the esti­ Guard, the Coast and Geodetic Survey, to a Retired Reserve. mates made by the departments or agencies or the Public Health Service. See 37 under paragraph (a) or (b) shall be con­ U.S.C. 801(c), as amended 9 October § 579.38 Other related laws applicable sidered determinative of his classification by 1962; Public Law 87-777, formerly 5 to all DOD personnel. each. Notwithstanding anything to the con­ U.S.C. 59 (c). See also definition of trary in paragraphs (a), (b), or (c), if after selling,” in appendix referred to at the In addition to activities listed in Ap­ being employed by one department or agency, beginning of this section. pendix B(D) of Part 40, Chapter I of this a special Government employee is appointed (b) Required statement of employ­ title, the following laws are applicable: by a second to serve it in the same capacity, (a) The prohibitions against (1) em­ each department or agency should make an ment. Each retired Regular Army estimate of the amount of his service to it for officer will file a Statement of Employ­ bezzlement of Government money or the remaining portion of the 365-day period ment (DD Form 1357). Each Regular property (18 U.S.C. 641); (2) failing to covered by the original estimate of the first. officer retiring hereafter will file this account for public money (18 U.S.C. The sum of the two estimates and of the statement within 30 days after retire­ 643); and (3) embezzlement of the actual number of days of his service to the ment. When the information in the money or property of another person in first department or agency during the prior ¡statement is no longer accurate, each the possession of an employee by reason portion of such 365-day period shall be con­ of his employment (18 U.S.C. 654). sidered determinative of the classification of officer sha11 file a new DD Form the appointee by each during the remaining ¿57. Statements of Employment (DD (b) The prohibition against unauthor­ portion. If an employee undertakes to serve or IhQuiries relative thereto ized use of documents relating to claims more than two departments or agencies, they snould be forwarded to The Adjutant from or by the Government (18 U.S.C. shall classify him in a manner similar to that general. Attention: AGPO-AA, Depart- 285). prescribed in this paragraph for two agencies. Each agency which employs special Govern­ S “ ° L ? le Army, Washington, D.C. (c) The prohibition against proscribed ment employees who serve other agencies vi«m70Ii /I^lese Statements will be re- political activities—The Hatch Act (5 shall designate an officer to coordinate the cowf ^ssure compliance with appli- U.S.C. 118i), and 18 U.S.C. 602, 603, 607, classification of such employees with such able statutes and regulations. and 608. (Civilian employees). other agencies.

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11650 RULES AND REGULATIONS

(e) When a person is serving as a member prohibition in either 18 U.S.C. 203 or 205, to increasingly concerned with highly technical of an advisory committee, board or other allow a special Government employee to areas of specialization and that the number group, and is by virtue of his membership represent before such department or agency of individuals expert in those areas is fre­ thereon an officer or employee of the United either his regular employer or another person quently very small. Therefore, in many States, the requirements of paragraphs (a), or organization in the performance of work instances it will not be possible for a depart­ (b), (c), and (d) should be carried out to under a grant or contract. As a basis for this ment or agency to obtain the services of a the same extent as if he were serving the action, the department or agency head must competent adviser or consultant who is not sponsoring department or agency separately first make a certification in writing, pub­ in fact employed or consulted by such con­ and individually. lished in the F ederal R egister, th at it is tractors. In addition, an advisory group (f) The 60-day standard affecting a special required by the national interest. may of necessity be composed largely or Government employee’s private activities be­ It is necessary occasionally to distinguish wholly of persons of a common class or group fore his department or agency is a standard between consultants and advisers who are whose employers may benefit from the advice of actual past service, as contrasted with special Government employees and persons given. An example would be a group of the 130-day standard of estimated future who are invited to appear at a department university scientists advising on research service discussed above. A special Govern­ or agency in a- representative capacity to grants to universities. Only in such a group ment employee is barred from representing speak for firms or an industry, or for labor or can the necessary expertise be found. In all another person before his department or agriculture, or for any other recognizable these circumstances, particular care should agency at times when he has served it for group of persons, including, on occasion, the be exercised to exclude his employer’s or an aggregate of more than 60 days during the public at large. A consultant or adviser clients’ contracts or other transactions with past 365 days. Thus, although once having whose advice is obtained by a department or the Government from the range of the con­ been in effect, the statutory bar may be lifted agency from time to time because of his sultant’s or adviser’s duties. later by reason of an intervening period of individual qualifications and who serves in Appendix II—Disposition op DD F orm 1555 nonservice. In other words, as a matter of an independent capacity is an officer or em­ Completed by General Officers law the bar may fluctuate in its effect during ployee of the Government. On the other the course of a special Government em­ hand, one who is requested to appear before Officer Submitted to ployee’s relationship with his department or a Government department or agency to pre­ 1. Chief of Staff, U.S. Secretary of the agency. sent the views of a nongovernmental organi­ Army. Army. (g) A part of a day should be counted as zation or group which he represents, or for 2. Vice Chief of Staff, UJ5. Do. a full day in connection with the 60-day which he is in a position to speak, does not Army. standard discussed in paragraph (f), above, act as a servant of the Government and is 3. General Officers in Of- General Counsel, and a Saturday, Sunday, or holiday on which not its officer or employee. He is therefore fice, Secretary of the OSA. duty has been performed should be counted not subject to the conflict of interest laws Army. equally with a regular work day. Service and is not within the scope of this chapter. 4. General Officers as- DCSPER — Attn.: performed by a special Government employee The following principles are useful in signed to Army Staff GOB.* in one department or agency should not be arriving at a determination whether an indi­ agencies. counted by another in connection with the vidual is acting before an agency in a 5. Commanding Generals Do.* 60-day standard. representative capacity: or Commanders and To a considerable extent the prohibitions (1) A person who receives compensation Deputies of Major of 18 U.S.C. 203 and 205 are aimed at the sale from the Government for his services as an Army Field Com­ of influence to gain special favors for private adviser or consultant is its employee and not mands specified in sec­ businesses and other organizations and at a representative of an outside group. The tion m of AR 10-5. the misuse of governmental position or infor­ Government’s payment of travel expenses 6. General Officers (other C o m m a n d in g mation. In accordance with these aims, it is and a per diem allowance, however, does not than those in item 5 general or desirable that a consultant or adviser or by itself make the recipient an employee. above) assigned to Commander of other individual who is a special Government (2) It is rare that a consultant or adviser M a jo r Army Field the Major Army employee, even when not compelled to do so who serves alone is acting in a representative Commands. Field Command by 18 U.S.C. 203 and 205, should make every capacity. Those who have representative as appropriate.* effort in his private work to avoid any per­ roles are for the most part persons serving 7. General Officers as- Head of Army sonal contact in negotiations for contracts as members of an advisory committee or signed to installations Staff Agency or grants with the department or agency similar body utilized by a Government and activities under concerned.* which he is serving if the subject matter is agency. It does not follow, however, that Army Staff agencies. related to the subject matter of his con­ the members of every such body are acting 8. General Officers as- DCSPER — Attn.: sultancy or other service. It is recognized as representatives and are therefore outside signed to DOD and GOB.* that this will not always be possible to the range of the conflict of interest laws. Joint Activities. achieve; for example, in a situation in which This result is limited to the members of com­ 9. General Officers not Do.* a consultant or adviser has an executive posi­ mittees utilized to obtain the views of non­ specified above. tion and responsibility with his regular governmental groups or organizations. •For attention of person designated as employer which requires him to participate (3) The fact that an individual is ap­ deputy counseior to review statements of personally in contract negotiations with the pointed by an agency to an advisory commit­ employment and financial interests. department or agency he is advising. When tee upon the recommendation of an outside Appen d ix III—D isp o s it io n o f DD F orm 1555 this situation occurs, the consultant or ad­ group or organization tends to support the viser should participate in the negotiations conclusion that he has a representative COMPLETED BY CIVILIAN PERSONNEL for his employer only with the knowledge function. REFERRED TO IN § 579.23(c) of a responsible Government official. In (4) Although members of a governmental Employing Agency Submitted to other instances an occasional consultant or advisory body who are expected to bind out­ adviser may have technical knowledge which side organizations are no doubt serving in 1. OSA ______General Counsel, is indispensable to his regular employer in a representative capacity, the absence of au­ DA. his efforts to formulate a research and devel­ thority to bind outside groups does not re­ 2. Army Staff______Head of Army opment contract or a research grant and, for quire the conclusion that the members are Staff agency the same reason, it is in the interest of the Government employees. What is important concerned.* Government that he should take part in is whether they function as spokesmen for 3. Installations and Ac- Do.* negotiations for his private employer. Again, nongovernmental groups or organizations tivities under Army he should participate only with the knowl­ and not whether they can formally commit Staff agencies. edge of a responsible Government official. them. 4. Major Army Field Commander of Section 205 of title 18 contains an exemp-' (5) When an adviser or consultant is in Commands specified in major com- tive provision dealing with a similar situa­ a position to act as a spokesman for the Section III of AR mand.* tion which may arise after a Government United States or a Government agency—as, 10-5. grant or contract has been negotiated. This for example, in an international conference— 5. O th e rs ______General Counsel, provision in certain cases permits both the he is obviously acting as an officer or em­ DA. Government and the private employer of a ployee of the Government. * For attention of person designated as special Government employee to benefit from While it would be highly desirable, in order his performance of work under a grant or deputy counselor to review statements o to minimize the occurrence of conflicts of employment and financial interests. contract for which he otherwise would be interest, for departments and agencies of the disqualified because he had participated in Government to avoid appointing to advisory K enneth G. W ickham, the matter for the Government or it is pend­ positions individuals who are employed or ing in an agency he has served for more than M ajor G eneral, U.S. Army, consulted by contractors or others having The Adjutant General. 60 days in the past year. More particularly, a substantial amount of business with that the provision gives the head of a department department or agency, it is recognized that [F.R. Doc. 66-9699; Filed, Sept. 2, 1966; or agency the power, notwithstanding any the Government has, of necessity, become 8:48 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 RULES AND REGULATIONS 11651

Chapter XIV— The Renegotiation reactivation services: $1500 per vessel as amended (31 F.R. 10114), is hereby Board for each vessel delivered to the General further amended by adding to Schedule Agent and reactivated after September 1, A of § 121.3-10 the following industry SUBCHAPTER B— RENEGOTIATION BOARD 1966, and $25 per day per vessel for each size standard: REGULATIONS UNDER THE 1951 ACT day, not in excess of 60 days, required PART 1455— PERMISSIVE EXEMP­ after September 1, 1966, for the General Census Employ- Agent to complete reactivation of a ves­ classili- ment TIONS FROM RENEGOTIATION cation Industry or class of product standard sel delivered to the General Agent prior code (number of “Stock Item” Exemption to September 1,1966. employees) (g) Compensation for deactivation Section 1455.6 Subcontracts as to services. In addition to the compensa­ 2321 Men’s dress shirts and nightwear. 500 which it is not administratively feasible tion otherwise provided in this section, to segregate profits is amended as fol­ each General Agent shall be paid, for lows: deactivation services, $750 per vessel for This amendment shall become effective 1. Paragraph (b) is amended by delet­ each vessel deactivated by the General upon publication in the F ederal ing from the caption “July 1, 1966” and Agent after September 1,1966. R eg ister. inserting in lieu thereof “July 1,1967”. 2. Paragraph (b) is further amended 2. Amend sec. 3 Compensation for con­ Dated: August 30,1966. by deleting “July 1, 1966” and inserting ducting the business of the vessels by B ernard L. B o u tin , in lieu thereof “July 1, 1967”. deleting paragraph (c) thereof, the text Administrator. (Sec. 109, 65 Stat. 22; 50 U.S.C. App. Sup. of which reads as follows: [F.R. Doc. 66-9684; Filed, Sept. 2, 1966; 1219) Sec. 3. Compensation for conducting busi­ 8;47 a.m.] Dated: August 31,1966. ness of the vessels. * * * * * L awrence E. Hartw ig, Chairman. (c) Employment exclusively in service [F.R. Doc. 66-9691; Plied, Sept. 2, 1966; of Military Sea Transportation Service. Title 5— ADMINISTRATIVE 8:48 a.m.] $25.00 per day per cargo vessel for the period of employment in the service of PERSONNEL MSTS. ***** Chapter I— Civil Service Commission Title 32A— NATIONAL DEFENSE, (Sec. 204, 49 Stat. 1987, as amended; 46 PART 213— EXCEPTED SERVICE Ü.S.C. 1114) Department of the Interior APPENDIX Approved: September 1, 1966. Section 213.3112 is amended to show Chapter XVIII— National Shipping Au­ J . W. G u l ic k , Director, that under specified conditions scientific thority, Maritime Administration, National Shipping Authority. and technical positions are excepted un­ Department of Commerce der Schedule A when filled by aliens in [F.R. Doc. 66-9755; Filed, Sept. 2, 1966; the absence of qualified citizens. Effec­ [NSA Order 47 (AGE-4, Amdt. 12) ] 8:50 a.m.] tive on publication in the F ederal R eg­ AGE-4— COMPENSATION PAYABLE is t e r , subparagraph (11) is added to TO AGENTS, GENERAL AGENTS, paragraph (a) of § 213.3112 as set out AND BERTH AGENTS Title 13— BUSINESS CREDIT below. Miscellaneous Amendments AND ASSISTANCE § 213.3112 Department of the Interior. (a) General. * * * Effective September 1, 1966, AGE-4 is Chapter I— Small Business (11) Scientific and technical positions hereby amended as set forth below: Administration when filled by aliens in the absence of 1. Amend section 2 by (1) changing [Rev. 6, Amdt. 2] qualified citizens. Approval of the Office the existing text of paragraphs (a) (1) of the Secretary is required in each case. and (e) thereof and (2) adding two new PART 121— SMALL BUSINESS SIZE No more than 25 appointments may be paragraphs designated (f) and (g) STANDARDS made under this authority in any year. thereto to read as follows: Definition of a Small Business Manu­ (R.S. 1753, sec. 2, 22 Stat. 403, as amended; 5 Sec. 2. Compensation of General Agents facturer Primarily Engaged in Men’s U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, 3 for husbanding services, etc. Dress Shirts and Nightwear Industry CFR, 1954—1958 Comp., p. 218) (a) * * * On June 28, 1966, there was published U nited S tates Civ il S erv­ (1) Dry cargo vessels. $125.00 per ic e C o m m issio n , day per vessel for each dry-cargo vessel. in the F ederal R eg ister (31 F .R . 8926) a notice of proposal to amend the defini­ [ seal] M ary V. W en zel, ***** tion of a small business for SIC Indus­ Executive Assistant to (e) Compensation of General Agents try 2321, Men’s dress shirts and night­ the Commissioners. for predelivery services. When the Gen­ wear, for the purpose of receiving finan­ [F.R. Doc. 66-9713; Filed, Sept. 2, 1966; eral Agent is required by the Director, cial assistance, by increasing the present 8:50 am .] National Shipping Authority, to inspect, size standard from 250 employees or less survey and prepare specifications for the to 500 employees or less. reactivation of a vessel in the reserve Interested persons were given an op­ PART 534— PAY UNDER OTHER fleet prior to delivery of such vessel to a portunity to present their comments or SYSTEMS General Agent for repair or operation, suggestions thereon to the Office of Eco­ the General Agent shall be paid at the nomic Analysis, within 15 days after Miscellaneous Amendments rate of $125.00 per day per vessel for publication in the F ederal R eg ister . Correction each day such services are rendered by After consideration of all relevant the General Agent. matters regarding the proposal the In F.R. Doc. 66-9511, appearing at (f) Compensation for reactivation amendment set forth below is hereby page 11545, of the issue of Thursday, services. In addition to the compensa­ adopted: September 1, 1966, the entry “L-40” ap­ tion otherwise provided in this section, The Small Business Size Standards pearing in § 534.202(b) should be cor­ each General Agent shall be paid for Regulation (Revision 6), 31 FJEt. 9721, rected to read “L-4”.

No. 172-----3 FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11652 RULES AND REGULATIONS

herewith adopts and promulgates its dustry at the outport. This rulemaking Title 46— SHIPPING final rule. Comments and arguments proceeding was instituted for the pur­ Chapter IV— Federal Maritime not discussed nor reflected herein have pose of attempting to resolve the prob­ been considered by the Commission and lem of how to foster the outport forward­ Commission found not justified or not material.* ing industry while at the same time SUBCHAPTER B— REGULATIONS AFFECTING One association believes that the pro­ relieve the problem existing at those MARITIME CARRIERS AND RELATED ACTIVITIES posed rule modification would be detri­ small ports, where, due to unique circum­ [General Order 4; Arndt. 9; Docket No. 66-2] mental to the forwarding industry and stances, the Commission’s Rule 510.22(a) to commerce as well. This association is actually working a hardship on a few PART 510— LICEN SIN G OF INDE­ refers to the phraseology “unless no other agent/licensees. The suggested clause PENDENT OCEAN FREIGHT FOR­ licensee is willing and able to perform would do considerably more than relieve WARDERS such services” and argues that the will­ the problem; it would in fact grant a ingness or ability to perform could be broader exemption than necessary. Subpart B— Duties and Obligations based on the inability of the originating Thus the so-called “improper control forwarder and the outport forwarder to Oceangoing Common Carriers and P er­ test” would permit the use of agent li­ come to an understanding. We assume sons S hipping for Own Account censees even where independent for­ that this situation would arise where the warders were available. This is not con­ On January 20, 1966, the Federal Mari­ originating forwarder was not agreeable ducive to the growth of the forwarding time Commission published a notice of to provide a reasonable fee to the outport industry in the outports. Moreover, the proposed rulemaking in the F ederal forwarder, or that the outport forwarder suggested clause is highly impractical. R egister (31 F.R. 764), setting forth a was holding out for a larger fee than It would be virtually impossible for the proposed amendment of paragraph (a) the originating carrier was willing to pay. Commission to determine in any given of § 510.22 of the Commission’s General This, of course, would be a matter which instance whether an originating for­ Order No. 4 (46 CFR § 510.22(a) ). could be brought to the Commission’s warder was using his control of the cargo Section 510.22(a) pertains to the attention by the nonagent/forwarder “improperly.” licensing of ocean carriers and their whenever a licensee/agent applies for a Finally, several forwarders objected to agents as independent freight forwarders port-wide exemption from the rule. the provisions, contained in the last sen­ and presently provides, inter alia, that: Some parties would give “grandfather tence of the proposed rules, for auto­ No licensee may charge or collect compen­ rights” to bona fide licensees who were matic annual review of exemptions. sation in the event he requests the carrier or engaged both in the forwarding and in These parties argue that such a provision its agent to perform any of the forwarding the agency business on the date the li­ is unnecessary and burdensome. We services * • * unless no other licensee is censing Act was passed, and allow them have deleted this requirement since it willing and able to perform such services. to continue to handle shipments for does appear that it would impose an The Commission originally adopted this originating forwarders without jeopard­ administrative burden on the Commis­ portion of the rule “to prevent forwarders izing payment of compensation to such sion and the persons regulated by the in principal ports who may control cargo forwarder. We are of the opinion that Commission. This is not to say, however, moving through outports from bypassing this proposal, if adopted, would be unfair that the Commission may not reexamine forwarders in the outports,” thereby and restrictive to the development of new and withdraw a particular outstanding causing the erosion of the licensed for­ forwarders in the outports. The for­ exemption when it deems such action warding industry in such ports.1 In prac­ warder/agents who did not happen to be warranted. For where the Commission tice, however, the present rule created in business on the controlling date would grants an exemption, it may likewise problems and caused hardship especially be virtually precluded from accepting withdraw that exemption if and when in the smaller outports where the only shipments from originating forwarders the circumstances justifying the exemp­ licensees available for forwarding serv­ and, therefore, be at a competitive dis­ tion cease to exist. ices are also steamship agents. By the advantage with grandfather forwarder Therefore, pursuant to the authority operation of the present rule, the orig­ agents. Moreover, it would be all but of section 4 of the Administrative Pro­ inating carrier is required, in such a impossible for new forwarders, free of cedure Act (5 USC § 1003) and sections situation, to refer the forwarding serv­ agency connections, to enter the field 43 and 44 of the Shipping Act, 1916 (46 ices to a licensee/agent who is frequently because they could not compete with the USC 841(a) and 841(b) ), paragraph (a) employed by a competing carrier. grandfather forwarder agents. of §510.22 of Title 46 CFR is hereby The purpose of the present amend­ It also has been urged that the Com­ amended to read as follows: mission delete from the proposed rule ment is to attempt to cure the ills of the § 510.22 Oceangoing common carriers existing rule by prescribing a procedure the so-called “adequacy test,” contained in Clause (3), which conditions the and persons shipping for own ac­ whereby port-wide exemptions from the count. operation of § 510.22(a) would be granted granting of an exemption upon whether to common carriers or their agents, who inter alia, there is “an adequate supply (a) An oceangoing common carrier, also operate as licensed independent of forwarding services * * * being held or agent thereof, meeting the require­ ocean freight forwarders. Therefore, out by nonagent licensees domiciled at ments of section 44 and these rules, may the rule, as amended, allows compensa­ the port of loading * * Some parties be licensed. An oceangoing common tion to be paid to the carrier when the characterize this clause as “discrimina­ carrier may perform freight forwarding outport forwarding services are per­ tory and highly objectionable.” As an services without a license only with re­ formed by a licensee/agent if (1) “no alternative, it is suggested that the Com­ spect to cargo carried under its own bill other licensee is willing and able to per­ mission adopt a test which would condi­ of lading, in which case charges for such form such services” or if (2) “the Com­ tion the granting of an exemption upon forwarding services shall be assessed in mission has granted a port-wide exemp­ a finding that no improper cargo con­ accordance with published tariffs on file tion from this rule (§ 510.22(a) ) to [the] trol by the originating forwarder exists with the Commission. No licensee can licensee/agent ts]” in the outport. which could endanger the forwarding in- charge or collect compensation in the event that he requests the carrier or Written comments on the proposed 1 For instance, some comments question its agent to perform any of the forward­ rule were received from various persons, the soundness and legality of Rule 510.22(a), ing services set forth in § 510.2(c) unless firms, and organizations and the Com­ presently in effect, and belabor the principle no other licensee is willing and able to mission heard oral argument. The that freight forwarders ought to be free to perform such services; or unless the Commission has carefully considered all collect compensation (brokerages) from car­ riers even if they utilize carriers or carriers’ Commission has -granted a portwide ex­ comments and arguments submitted on emption from this rule to licensee/agents the proposed rule and in light thereof agents, rather than forwarders, to complete documents at the outport. Not only is this in the port of loading. Such exemptions argument not germane to the merits of the may be granted by the Commission upon 1 New York Foreign Frgt. F. & B. v. Federal present rule making proceeding, but it has Maritime Commission, 337 F. 2d 289, 297 been expressly rejected by both this Commis­ (1) application of any licensed for- (C.A. 2d 1964) cert. den. 380 U.S. 910. sion and the Court of Appeals. warder/agent serving thè port of load-

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 ing, (2) publication in the F ederal rice trade urged the development and (a ) Calrose rough rice. R egister of notice of application and an issuance of high moisture charts for Cal­ MOISTURE METER CONVERSION CHART opportunity for interested parties to rose Rough Rice and Pearl Rough Rice. comment and request a hearing, and (3) Accordingly, new moisture meter conver­ a finding by the Commission that an sion charts have been developed for Cal­ I Sompl« Size 200 Gram» I CALI BRATE AT J i ! CALROSE ROUGH RICE adequate supply of forwarding services rose Rough Rice with moisture over 25 is not being held out by nonagent li­ percent and for Pearl Rough Rice with moisture over 31 percent. censees domiciled at the port of loading. Meter Percent Meter Percent In addition, moisture testing data de­ INSTRUCTIONS Exemptions shall remain in effect until Readme Moisture Reading Moisture otherwise ordered by the Commission. veloped by the Department has shown a need for revising the existing moisture 1 51 21.23 To obtain percent moieture to tenths of a dial division* Effective date. This amendment shall meter conversion charts for Calrose 2 10.05 52 21.42 become effective 30 days after date of 3 10.32 53 21.61 a. Tor meter readings below 30. see table "Proportional Rough Rice and Pearl Rough Rice at k 10.59 5U 21.81 Parts for Fractional Meter Readings." publication of this notice in the F ederal normal moisture contents. In the nor­ 5 10.86 55 22.00 R egister. b. For meter readings above 10r see valves below and add mal moisture range of 12 to 17 percent, 6 . 11.13 56 22.19 to percent moisture. 7 11.40 57 22.39 By order of the Commission.1 the revisions will reduce the moisture 8 FRACTIONAL METER READING VALUES value up to 1 percentage point. 11.67 58 22.58 [seal] F rancis C. Htjrney, ? 11.94 59 22.77 1 .02 % .4 .08% .7 .14% Pursiuant to the authority vested in 10 12.21 60 22.97 2 .04% .5 .10% .8 .15% Special Assistant to the Secretary. 3 .66% • 6 .12% .9 .17% the Secretary of Agriculture by section 11 12.48 61 23.16 [P R . Doc. 66-9740; Filed, Sept. 2, 1966; 12 205(b) of the Agricultural Marketing Act 12.75 62 23.35 TEMPERATURE CORRECTION: (Add o r S u b t r a c t t o % M o is tu r e ) 13 63 8:50 am .] of 1946, as amended [7 U.S.C. 1624(b)], 13.02 23.55 (a) If sample temperature Is below 77°F. add correction. lit 13.29 61» 23.74 (b) If sample temperature is above 77°F, subtract correction. tlie regulations relating to the U.S. 15 13.56 65 23.93 Temp. Temp. ° f o Temp. % Temp. % Standards for Rough Rice (7 CFR 68.201 REGULATIONSRULES AND 16 13.83 66 24.13 *F Moist. *F Moief, T Moist. ' f Moitf. et seq.), are hereby amended as follows: 17 14.10 67 24.32 Title 7— AGRICULTURE 1. P a ra g ra p h (c) of § 68.202 is 18 14.37 68 24.51 2 ♦ 23 ♦ 5!t ♦ 1.32 80 .17 19 14.64 69 24.71 3 ♦ 29 ♦ 55 + 1.Í7 81 • .23 amended to read: 20 14.90 70 24.90 It ♦ 30 ♦ 56 * 1.21 82 • .29 Chapter I—-Consumer and Marketing 5 ♦ 31 ♦ 57 + 1.15 83 • .35 Service (Standards, Inspections, § 68.202 Principles governing applica­ 21 15.16 71 25.09 6 ♦ 32 58 ♦ 1.09 8lt .40 tion of standards. 22 15.41 72 25.29 Marketing Practices), Department of 23 15.66 73 25.48 7 0 33 ♦ 59 ♦ 1.04 85 .46 * * * * * 2U 15.90 7lt 25.67 8 ♦ 3U O 60 ♦ .98 86 - .52 Agriculture 25 16.13 75 25.87 9 ♦ 35 ♦ 61 * .92 87 • .58 (c) Moisture. Moisture shall be as­ 10 0 36 ♦ 62 ♦ .86 88 - .63 PART 68— REGULATIONS AND certained by the air-oven method for rice 2Ó 16.35 76 26.06 11 ♦ 37 ♦ 63 a .81 89 - .69 27 16.56 77 26.25 STANDARDS FOR INSPECTION AND prescribed by the U.S. Department of 28 16.77 78 26.45 12 + 38 6U + .75 90 . .75 CERTIFICATION OF CERTAIN AGRI­ Agriculture as described in Service and 29 16.97 79 26.64 13 ♦ 39 ♦ 65 ♦ .69 91 •• .81 Regulatory Announcements No. 147 (1959 30 17.17 80 26.83 fit ♦ liO ♦ 2.13 66 ♦ .63 92 • .86 CULTURAL COM M ODITIES AND 15 * bl ♦ 2.07 67 * .58 93 • .92 Revision), of the Agricultural Marketing 31 17.36 81 27.03 15 ♦ b2 ♦ 2.02 68 ♦ .52 9U • .98 PRODUCTS THEREOF Service, or ascertained by any method 32 17.55 82 27.22 33 17.75 83 27.41 17 ♦ hi ♦ 1.96 69 ♦ .46 95 . 1.04 Subpart C— U.S. Standards for Rough which gives equivalent ^results. The ' 3U 17.94 8U 27.61 18 ♦ lib ♦ 1.90 70 ♦ .40 96 - 1.09 Grain Division has determined that 35 18.13 85 27.80 19 1í5 ♦ 1.84 71 ♦ .35 97 • 1.15 Rice 20 ♦ Ii6 + 1.79 72 ♦ .29 98 ** 1.21 equivalent results can be obtained with 35 18.33 86 27.99 » ♦ L7 ♦ 1.73 73 ♦ .23 99 • 1.27 iscellaneous mendments 37 18.52 87 28.19 M A prescribed moisture meters when used - with the moisture meter conversion 38 18.71 83 28.38 22 * 1í8 + 1.67 7U ♦ .17 100 1.32 Statement of considerations. Last 39 18.91 8 9 28.57 23 » ¡i9 ♦ 1.61 75 ♦ .12 101 • 1.38 charts set forth in section 68.233. liO 19.10 90 28.77 2!t * 50 ♦1.55 76 ♦ .06 102 • 1.44 year during the rice harvest in California, 25 * 51 ♦ 1.50 77 — 103 - 1.50 * * * * * Calrose Rough Rice and Pearl Rough lil 19.29 91 28.96 26 ♦ 52 ♦ 1.44 78 - .06 10U - 1.55 2. A new section, designated § 68.233, U2 19.49 92 29.15 27 ♦ 53 + 1.38 79 * .12 io5 1.61 Rice were handled in commercial quan­ 13 19.68 93 29.35 is added to read as follows: bit 19.87 9k 29.54 EXAMPLES tities at higher moisture contents than b5 20.07 95 29.73 (Assuma día! reading of 32.7 and temperature of 82° F.) For dial reading of 32.0, moisture is« ••»•••••»•• 17« 55 shown in the then existing moisture me­ § 68.233 Moisture meter method. 16 20.26 96 29.93 Fractional meter valuo for.7 is•«•••••••»••••« -“1Z. ter conversion charts used by the De­ 1x7 20.45 97 30.12 Thus dial reading of 32.7 2s •••••••••••••«••• 17.69 The following moisture meter conver­ li8 20.65 98 30.31 For temperature of 82° F, subtract •«•••••*•••?• .29 partment. As a result, it was not pos­ 1x9 20.84 99 30.51 Final moisture is *•••••••••••••«••«* 17#40 sion charts shall be used in determining 50 21.03 100 30.70 sible to determine the moisture content moisture as set forth in § 68.202(c) of of the rice with prescribed meters. The this> Subpart, provided, however, that USDA-CÄMS Chert No. R*7*R'B the meter readings referred to in the CRAIN DIVISION 1 Vice Chairman John S. Patterson did not charts shall be obtained by use of meters participate. Commissioner George H. Hearn’s dissenting opinion filed as part of the origi­ prescribed for such use by the Grain nal document. Division: 11653

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11654 (b ) Calrose rough rice—high moisture. (c) Pearl rough rice. MOISTURE METER CONVERSION CHART MOISTURE METER CONVERSION CHART

CALROSE ROUGH RICE Sowple Site 200 Gram« | Sompls Sin 2 00 Gram« | CALIBRATE AT 3 3 HIGH MOISTURE CALIBRATE AT 53 PEARL ROUGH RICE

Meter- Meier Percent Meier Percent Percent Meter Percent INSTRUCTIONS Reading INSTRUCTIONS Reading Moisture Reading Moisture Moisture Readina Moisture 1. To obtain percent moisture to tenths of a dial 1. To obtain percent moisture to tenths of a dial division, 1 10.00 51 21.00 division, see values below and add to percent 1 51 25.09 2 2 52 25.29 see values below and add to percent moisture: 10.25 52 21.21 moisture. For meter readings 0 to 19 use 53 3 10.50 53 21.41 Columns above 19 use Columns g. 3 25.48 *il 1» 51» FRACTIONAL METER READING VALUES 10.75 5k 21.62 25.67 5 , 5 55 25.87 11.00 55 21.83 FRACTIONAL METER READING VALUES 1 .02% .4 .08% .7 .14% 4 & 6 2 .04% .5 .10% .8 .15% 6 11.25 56 22.03 £ A && 56 26.06 .1 . 03% .02% .4 . 10% .06% .7 .18% 7 57 3 .06% .6 .12% .9 .17% 7 11.50 57 22.24 .14% 26.25 8 58 2 .05% .04% .5 .13% .10% .8 .20% .16% 8 58 26.45 11.75 22.44 9 12.00 59 3 .08% .06% .6 .15% .12% •9 .23% .18% 9 59 26.64 2 . TEMPERATURE CORRECTION: (Add o r S u b t r a c t t o % M o is tu re ) 22.65 10 12.25 60 22.86 10 60 26.83 (a) If sample temperature is below 77°F, add correction. (b) If sample temperature is above 77°F, subtract correc •11 61 11 12.50 61 23.06 2 . TEMPERATURE CORRECTION - (Add o r S u b t r a c t t o % J f o is t u r e ) 27.03 t i o n . 12 12.75 62 12 62 27.22 23.27 (a) If 8ample temperature is below 77°F. add correction. 13 ^ 13.00 63 13 63 27.41 23.47 (b) If 8ample temperature is above 77°F. subtract correc­ 11» 61.1 lk 13.25 6k 23.68 t i o n . 27.61 13.50 IS 65 27.80 IS 65 23.89 Temp. % Temp. % Temp. % Tejnp. % Temp. % Temp. % Temp. % Temp. % *F Moist *F Mois». *F Moist. V Moist. 16 13.74 66 24.09 *F Moist. *F Moisi *F Moi»t *F Moi»f. 16 • 66 REGULATIONS AND RULES 27.99 17 13.98 67 17 67 28.19 24.30 18 14.21 68 2 4 28 4 5k 80 - .0 6 18 68 28.38 2 28 5k ♦ 1.3 2 80 .1 7 24.50 + .5 0 19 14.43 69 4 + 81 - .0 9 19 69 28.57 3 a 29 4 55 ♦ 1 .2 7 81 - .2 3 24.71 3 29 55 ♦ .4 7 20 14.64 70 k + 30 4 56 82 - .1 1 20 70 28.77 k 4 30 4 56 ♦ 1.21 82 - .2 9 24.92 + .4 3 5 4 31 4 57 83 - .1 4 5 + 31 4 57 + 1 .1 5 83 - .3 5 + .3 9 21 14.85 71 6 58 8k - .1 7 21 71 28.96 6 32 58 ♦ 1 .0 9 81» .4 0 25.12 + 32 + + .3 5 ♦ - 22 15.05 72 22 72 29.15 25.33 23 15.25 73 + + - .1 9 23 73 29.35 . 7 33 + 59 ♦ 1 .0 4 85 .4 6 25.53 7 33 59 + .3 2 85 2k 15.45 7k 8 4 4 60 86 - .2 2 21: 7k 29.54 8 4 3k 4 60 4 .9 8 66 - .5 2 25.74 3k + .2 8 25 15.65 75 + 35 4 61 87 - .2 5 25 75 29.73 9 35 4 6l 4 .9 2 87 - .5 8 25,94 9 4 .2 6 10 4 36 + 62 88 - .2 7 10 v 36 4 62 4 .86 88 - .6 3 ' + .2 5 26 15.85 76 4 26 76 ♦ 4 .8 1 26.15 11 ♦ 37 63 + .2 3 89 - .3 0 29.93 11 37 ♦ 63 89 - .6 9 16.06 27 77 30.12 27 77 26.36 28 16.27 78 + 4 28 78 12 . 38 » 6k ♦ .7 5 90 - .7 5 26.56 12 38 6Í1 + .2 1 90 - .3 4 30.31 16.47 + ♦ 29 ♦ ♦ 4 - .8 1 29 79 26.77 13 39 65 + .2 0 91 - .3 7 79 30.51 13 39 65 .6 9 91 4 4 - 30 16.68 80 26.97 lk + kO 1.12 66 + .1 8 92 - .4 1 30 80 30.70 lk » kO ♦ 2 .1 3 66 .6 3 92 .86 + k l 4 1 .0 8 67 + .1 6 93 - .44 1 5 ' ♦ k l ♦ 2 .0 7 67 ♦ .5 8 93 ** .9 2 15 31 16.88 81 16 4 68 - .4 8 31 81 15 k2 68 4 9k .9 8 27.18 + . k2 I .03 + .1 5 9k 30.89 * 42.02 .5 2 32 17.09 82 32 82 31.09 27.39 33 17.29 83 ♦ 4 69 - .51 33 83 31.28 17 « k3 ♦ 1 .9 6 69 4 .4 6 95 - 1 .0 4 27.59 17 k3 .9 8 + .1 3 95 3k 17.50 8k 18 4 4 70 96 - .55 3L 8k 31.47 18 ♦ kk 1 .9 0 70 ♦ .4 0 96 - 1 .0 9 27.80 kk .9 3 + .12 35 17.71 85 + 4 71 97 - .5 8 35 85 19 + . k5 ♦ 1.84 71 4 .3 5 97 — 1 .1 5 28.00 19 kS .8 9 + .1 0 31.67 4 + 20 ♦ k6 ♦ 72 4 98 - 1.21 20 k6 .84 72 + .0 8 98 - .6 2 1 .7 9 .2 9 36 17.91 86 ♦ 36 86 31.86 21 k7 73 ♦ 99 " 1 .2 7 28.21 21 k7 .7 9 73 + .0 7 99 - .6 5 ♦ ♦ 1 .7 3 .2 3 37 18.12 87 4 37 87 32.05 28.42 •38 18.33 88 22 + k8 + 100 - .6 7 38 88 32.25 22 • k8 ♦ 1 .6 7 7k ♦ .1 7 100 - 1 .3 2 28.62 .7 4 7k + .05 39 18.53 89 4 4 101 - .6 9 39 89 32.44 23 k9 ♦ 1 .6 1 75 4 .12 101 - 1.38 28.83 23 k9 .6 9 75 + .0 3 kO 18.74 90 + 50 + 76 102 - .7 1 kO 90 32.63 2k ♦ SO ♦ 1 .5 5 76 4 .0 6 102 - 1 .4 4 29.03 2k .6 5 +i02 + 4 .... - .7 3 25 ♦ 51 ♦ 1 .5 0 77 103 - 1.50. 25 51 .6 1 77 103 kl 18.94 91 26 4 52 ♦ .5 8 78 10k - .7 5 111 91 32.83 26 ♦ S2 ♦ 1 .4 4 78 - .0 6 10k - 1.5 5 29.24 - . 0 2 k2 19.15 - .7 7 2i2 92 79 * .12 105 - 1 .6 1 92 29.45 27 + 53 + .5 4 79 - .0 3 105 33.02 27 ♦ 53 41 .3 8 k3 19.36 1»3 93 33.21 93 29.65 kk 9k EXAMPL Ei kk 19.56 9k 29.86 EXAMPLE: 33-41 19.77 95 (Assume dial reading of 32.7 and temperature of 82°F.) lxS • 95 33.60 (Assume dial reading of 62.7 and temperatura of 82 F.) k5 30.06 For dial reading of 62.0, moisture ¡Se« # -« # ****# ** 27*22 For dial reading of 32.0, moisture is. ••••*••••*• 1 7 .0 9 k6 i 16 96 Fractional meter volue for .7 is • * • • * ...... ■ 14 19.97 96 30.27 Fractional meter value for.7 i s * . .*..*• • • • • • • • - 33.79 k7 20.18 Thus dial reading of 32.7 i s ...... 1 7 .2 3 L7 97 33.99 Thus dial reading of 62.7 is ...... 27*36 97 30.48 k8 20.38 98 For temperoture of 82° F, subtract ...... 11 Ii8 98 34.18 For temperoture of 82° F# subtract • *• ***• ***• • • .2 9 30.68 20.59 Final moisture is «-*•••;...... 17« 12 1»9 99 34.37 Final moisture i s ...... 2 7 .0 7 k9 99 30.89 50 20.80 100 50 100 34.57 31.09 T USDA C & M S Chart Na. R '6 'R 'C USDA-C&MS Chart No. R*8*R GRAIN DIVISION GRAIN DIVISION

FEDERAL REGISTER, VOL. 31 i. 172— SATURDAY, SEPTEMBER 3, 1966 RULES AND REGULATIONS 11655

(d) Pearl rough rice—high moistiire. Chapter VII— Agricultural Stabiliza­ MOISTURE METER CONVERSION CHART tion and Conservation Service PEARL ROUGH RICE (Agricultural Adjustment), Depart­ I Sample Six* ISO Gram» 1 CALIBRATE AT 5 3 HIGH MOISTURE ment of Agriculture SUBCHAPTER B— FARM MARKETING QUOTAS AND ACREAGE ALLOTMENTS Meter Percent Meter Percent [Amdt. 23] INSTRUCTIONS Reading Moisture Readinq Moisture PART 724— BURLEY, FLUE-CURED, 1 51 1. To obtain percent moisture to tenths of a dial FIRE-CURED, DARK AIR-CURED, 2 52 see values below and add to percent moisture• 3 53 VIRGINIA SUN-CURED, CIGAR- It 5L 3 1 .2 0 FRACTIONAL METER READING VALUES 5 55 3 1 .4 8 BINDER (TYPES 51 AND 52), CIGAR- 1 . 0 # .4 .1 1 * . 7 .2 0 * FILLER AND BINDER (TYPES 42, 43, 6 56 3 1 .7 6 2 .0 6 * .5 .1 4 * .8 .2 2 * 7 57 3 2 .0 4 3 .0 8 * . 6 .1 7 * .9 .2 5 * 44, 53, 54 AND 55), AND MARY­ 6 58 3 2 .3 2 9 59 3 2 .6 0 2. wvjuuiwiavn — \nuu u* uuuti aub w Jo muialurc ) LAND TOBACCO 10 60 3 2 .8 8 (a ) I f sample temperature is below 77°F, add correction. ( b ) I f sample temperature is above 77°F, subtract, correc­ Subpart— Allotment and Marketing 11 61 3 3 .1 6 t i o n . 12 62 3 3 .4 4 Quota Regulations, 1963-64 and 13 63 3 3 .7 2 Subsequent Marketing Years lit 6!t 3 4 .0 0 15 65 3 4 .2 8 Temp. % Temp. % Temp. % Temp. % R ates of P enalty per P ound 16 66 3 4 .5 6 *F Moist *F Moist. T Moist. *F Mait The amendments herein are based on 17 67 3 4 .8 4 18 68 3 5 .1 2 2 « 28 5L 4 2 .5 1 80 - .3 3 the marketing quota provisions of the 19 69 3 5 .4 0 3 ♦ 29 ♦ 55 + 2.40 81 20 70 • .4 4 Agricultural Adjustment Act of 1938, as 3 5 .6 8 h ♦ 30 ♦ 56 ♦ 2 .2 9 82 - .5 5 amended (7 U.S.C. 1281 et seq.), and are 5 + 31 57 + 2 .1 8 83 - .6 6 21 71 3 5 .9 6 6 * 32 ♦ 58 + 2 .0 7 8h - .7 6 made for the purpose of amending 22 72 3 6 .2 4 23 73 , § 724.92 of the Tobacco Allotment and 3 6 .5 2 7 33 59 * 1 .9 7 8 ? - .8 7 21i 7L 3 6 .8 0 8 ♦ 3lt * 60 + 1 .8 6 86 • .9 8 Marketing Quota Regulations, 1963-64 25 75 3 7 .0 8 9 ♦ 35 * 61 * 1 .7 5 87 * 1 .0 9 and Subsequent Marketing Years to in­ 10 * 36 62 1 .6 4 88 - 1 .2 0 26 7 6 3 7 .3 6 * 11 37 ♦ 63 + 1 .5 3 89 clude the rate of penalty per pound upon 27 77 3 7 .6 4 * 1 .3 1 28 78 # ♦ + marketing of excess tobacco for the 3 7 .9 2 12 38 6L 1 .4 2 90 " 1 .4 2 2 9 79 * 3 8 .2 0 13 * 39 65 + 1 .3 1 91 * 1 .5 3 1966-67 marketing year for the kinds 30 8Q + 3 8 .4 8 lit ilO ♦ 4 .0 4 66 + 1 .2 0 92 “ 1 .6 4 * * of tobacco covered by this subpart except 1 5 Iti ♦ 3 .9 3 67 1 .0 9 93 " 1 .7 5 + 3 8 .7 6 15 lt2 ♦ 3 .8 2 68 * .9 8 9L * 1 .8 6 Maryland tobacco. Since quotas are not 3 9 . CK in effect on the 1966 crop of Maryland ♦ 3 9 .3 2 17 ti3 ♦ 3 .7 1 69 ♦ .8 7 95 • 1 .9 7 ♦ tobacco, a penalty rate for Maryland 3 9 .6 0 18 uu ♦ 3 .6 0 70 ♦ .7 6 96 * 2 .0 7 3 9 .8 8 * 19 It5 * 3 .4 9 71 ♦ .6 6 97 “ 2 .1 8 tobacco for such marketing year will not ♦ 20 * 3 - 3 9 72 .5 5 98 « " 2 .2 9 be applicable. 40.16 21 L7 ♦ 3 .2 8 73 ♦ .4 4 9 9 * 2 .4 0 4 0 .4 4 The harvesting of the kinds of tobacco ♦ 4 0 .7 2 22 !t8 ♦ 3 .1 7 7It ♦ .3 3 1 0 0 * 2 .5 1 4 1 .0 0 * for which the penalty rate for the 1966- 23 li9 ♦ 3 .0 6 75 ♦ .2 2 1 0 1 - 2 . 6 2 * 41.28 2L 50 ♦ 2 .9 5 7a * .1 1 102 - 2 . 7 3 67 marketing year are herein announced * 2 5 51 ♦ 2 .8 4 77 103 - 2 .8 4 * will shortly begin, and the producers of 4 1 .5 6 26 52 ♦ 2 .7 3 78 - .1 1 loll - 2 .9 5 * 4 1 .8 4 27 53 ♦ 2 .6 2 79 .2 2 105 - 3 . 0 6 such kinds of tobacco need to know the 4 2 .1 2 penalty rate for such marketing year 4 2 .4 0 42.68 before they harvest their tobacco. For dial reading of 82.0, moisture is. 3 9 .0 4 Hence, it is necessary that the amend­ lt6 96 4 2 .9 6 Fractional meter volue for .7 is . . . . . f # n 97 4 3 .2 4 Thus dial readinq of 82.7 is r. tllllM II ments set forth herein be made effective li& 98 4 3 .5 2 For temperature of 82° F, subtract .,<• lt9 at the earliest possible date. In addi­ 99 4 3 .8 0 50 100 4 4 .0 8 tion, the rate of penalty for a kind of tobacco is the result of a mathematical USDA CAMS Chert No, R'9"R calculation provided for in section 314 CRAIN DIVISION of the Act (7 U.S.C. 1314). Accordingly, (Sec. 205, 60 Stat. 1090; 7 U.S.C. 1624; 29 F.R. it is hereby found and determined that 16210; 30 F R . 2160; 30 F.R. 6697; 30 F.R. 1260; section 4 of the Administrative Pro­ 30 F.R. 6597) cedure Act (5 U.S.C. 1003) that notice compliance with the notice, public pro­ and other public procedure concerning cedure, and effective date requirements The amendments set forth the accept- the amendments are impracticable and of section 4 of the Administrative Pro­ a ,moisture meter conversion charts contrary to the public interest and good cedure Act (5 U.S.C. 1003) is unnecessary wnich may be used in determining the cause is found for making the amend­ and contrary to the public interest and moisture content under the U.S. Stand- ments effective less than 30 days after the amendments contained herein shall ards for Rough Rice. There is an im- publication in the F ederal R egister. be effective upon publication of this ernate need for these moisture meter document in the F ederal R egister. version charts. The harvest of rough Effective date. The amendments shall New paragraphs (j) and (k) are added m. California commences about the become effective upon publication in the to § 724.92 to read as follows: S , * September- The charts are es- F ederal R egister. § 724.92 Rate of penalty. w 1? f?r use in determining the mois- ***** ure content for inspection and grading Done at Washington, D.C., this 26th day of August 1966. (j) 1965-66 average market price. Purposes. Therefore, these charts should The average market price for the kinds !.m^ e available for use as soon as pos- R oy W. Lennartson, of tobacco listed below as determined by be of neatest benefit to the rice Associate Administrator. the Crop Reporting Board, Statistical Reporting Service, U.S. Department of sum 17 and to the con­ [FJR. Doc. 66-9508; Filed, Sept, 2, 1966; f e r s . Accordingly, it is found under Agriculture, for the 1965-66 marketing 8:45 am .] year was:

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11656 RULES AND REGULATIONS

Average Market P rice engage in public rule making procedure, Order No. 910, as amended (7 CFR Part Cents per and postpone the effective date of this 910), regulating the handling of lemons Kinds of tobacco pound section until 30 days after publication grown in California and Arizona, effec­ B u rle y ______66.9 hereof in the F ederal R egister (5 U.S.C. tive under the applicable provisions of Fire-cured (type 21)______39.9 1001-1011) because the time intervening the Agricultural Marketing Agreement Fire-cured (types 22, 23, and 24)____ 43.6 between the date when information upon Act of 1937, as amended (7 U.S.C. 601- Dark air-cured______37.0 which this section is based became avail­ 674), and upon the basis of the recom­ Virginia Sun-cured_____!______39.2 Cigar-filler and binder (types 42, 43, able and the time when this section must mendations and information submitted 44, 53, 54, and 55)______:______28.6 become effective in order to effectuate by the Lemon Administrative Commit­ Cigar-binder (types 51 and 52)______47.0 the declared policy of the act is insuffi­ tee, established under the said amended cient, and a reasonable time is permitted, marketing agreement and order, and (k) 1966-67 rate of penalty per pound.under the circumstances, for preparation upon other available information, it is The penalty rate per pound for the kinds for such effective time; and good cause hereby found that the limitation of han­ of tobacco listed below upon marketings exists for making the provisions hereof dling of such lemons, as hereinafter pro­ of excess tobacco subject to marketing effective as hereinafter set forth. The vided, will tend to effectuate the declared quotas during the 1966-67 marketing year committee held an open meeting during policy of the act. shall be: the current week, after giving due notice (2) It is hereby further found that R ate op Penalty Cents per thereof, to consider supply and market it is impracticable and contrary to the Kinds of tobacco pound conditions for Valencia oranges and the public interest to give preliminary notice, B u rle y ______50 need for regulation; interested persons engage in public rule-making procedure, Fire-cured (type 21)______30 were afforded an opportunity to submit and postpone the effective date of this Fire-cured (types 22, 23, and 2 4 )_____ 33 information and views at this meeting; section until 30 days after publication Dark air-cured______28 the recommendation and supporting in­ hereof in the F ederal R egister (5 Ü.S.C. Virginia sun-cured______29 formation for regulation during the 1001-1011) because the time intervening Cigar-filler and binder (types 42, 43, period specified herein were promptly between the date when information upon 44, 53, 54, and 55)______21 Cigar-binder (types 51 and 52)______35 submitted to the Department after such which this section is based became avail­ meeting was held; the provisions of this able and the time when this section must (Secs. 314, 375, 52 Stat. 48, as amended, 66 section, including its effective time, are become effective in order to effectuate the as amended; 7 U.S.C. 1314, 1375) identical with the aforesaid recommen­ declared policy of the act is insufficient, Effective date: Date of publication in dation of the committee, and informa­ and a reasonable time is permitted, un­ the F ederal R egister. tion concerning such provisions and der the circumstances, for preparation effective time has been disseminated for such effective time; and good cause Signed at Washington, D.C., this 30th among handlers of such Valencia exists for making the provisions hereof of August 1966. oranges; it is necessary, in order to ef­ effective as hereinafter set forth. The E. A. J aenke, fectuate the declared policy of the act, committee held an open meeting during Acting Administrator, Agricul­ to make this section effective during the the current week, after giving due notice tural Stabilization and Con­ period herein specified; and compliance thereof, to consider supply and market servation Service. with this section will not require any conditions for lemons and the need for [F.R. Doc. 66-9685; Filed, Sept. 2, 1966; special preparation on the part of per­ regulation; interested persons were af­ 8:47 a.m.] sons subject hereto which cannot be forded an opportunity to submit infor­ completed on or before the effective date mation and views at this meeting; the hereof. Such committee meeting was recommendation and supporting infor­ Chapter IX— Consumer and Market­ held on September 1,1966. mation for regulation during the period ing Service (Marketing Agreements (b) Order. (1) The respective quan­specified herein were promptly submitted and O rd ers; Fruits, Vegetables, tities of Valencia oranges grown in Ari­ to the Department after such meeting Nuts), Department of Agriculture zona and designated part of California was held; the provisions of this section, which may be handled during the period including its effective time, are identical [Valencia Orange Reg. 177] beginning at 12:01 a.m., P.s.t., September with the aforesaid recommendation of PART 908— VALENCIA ORANGES 4, 1966, and ending at 12:01 a.m., P.s.t., the committee, and information con­ GROWN IN ARIZONA AND DESIG­ September 11, 1966, are hereby fixed as cerning such provisions and effective NATED PART OF CALIFORNIA follows: time has been disseminated among han­ (1) District 1: 125,000 cartons; dlers of such lemons; it is necessary, in Limitation of Handling (ii) District 2: 375,000 cartons; order to effectuate the declared policy of (iii) District 3: unlimited movement. the act, to make this section effective § 908.477 Valencia Orange Regulation (2) As used in this section, “handled,” 177. during the period herein specified; and “handler,” “District 1,” “District 2,” compliance with this section will not (a) Findings. (1) Pursuant to the “District 3,” and “carton” have the same require any special preparation on the marketing agreement, as amended, and meaning as when used in said amended part of persons subject hereto which Order No. 908, as amended (7 CFR Part marketing agreement and order. cannot be completed on or before the 908), regulating the handling of Valencia (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.O. effective date hereof. Such committee oranges grown in Arizona and designated 601-674) meeting was held on August 30, 1966. part of California, effective under the Dated: September2,1966. (b) Order. (1) The respective quan­ applicable provisions of the Agricultural tities of lemons grown in California and Marketing Agreement Act of 1937, as P aul A. Nicholson, Arizona which may be handled during amended (7 U.S.C. 601-674), and upon Deputy Director, Fruit and Veg­ the period beginning at 12:01 a.m., P.s.t, the basis of the recommendations and etable Division, Consumer and September 4, 1966, and ending at 12:01 information submitted by the Valencia M arketing Service. a.m., P.s.t., September 11, 1966, are here­ Orange Administrative Committee, es­ [F.R. Doc. 66-9812; Filed, Sept. 2, 1966; by fixed as follows : tablished under the said amended mar­ 11:39 a.m.] (1) District 1: Unlimited m o v em en t; keting agreement and order, and upon (ii) District 2: 186,000 cartons; other available information, it is hereby [Lemon Reg, 230] (iii) District 3: 1,861 cartons. found that the limitation of handling PART 910— LEMONS GROWN IN (2) As used in this section, “handled,^ of such Valencia oranges, as hereinafter CALIFORNIA AND ARIZONA “District 1,” “District 2,” “District 3,* provided, will tend to effectuate the de­ and “Carton” have the same m ean in g clared policy of the act. Limitation of Handling as when used in the said amended mar­ (2) It is hereby further found that it§ 910.530 Lemon Regulation 230. keting agreement and order. is impracticable and contrary to the pub­ (a) Findings. (1) Pursuant to the(Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. lic interest to give preliminary notice, marketing agreement, as amended, and 601-674)

FEDERAL REGISTER, VOt. 31, NO. 171— FRIDAY, SEPTEMBER 2, 1966 RULES AND REGULATIONS 11657

Dated: September 1,1966. PART 926-—TOKAY GRAPES GROWN R eg ister (31 F .R . 10963) regarding pro­ P aul A. Nicholson, IN SAN JOAQUIN COUNTY, CALIF. posed expenses and the related rate of assessment for the period beginning Deputy Director, Fruit and Veg­ Expenses and Rale of Assessment etable Division, Consumer and July 1, 1966, and ending June 30, 1967, Marketing Service. On August 19,1966, notice of rule mak­ pursuant to the marketing agreement, ing was published in the F ederal R e g is­ as amended, and Order No. 927, as [P.R. Doc. 66-9756; Piled, Sept. 2, 1966; amended (7 CFR Part 927), regulating 8:50 a.m.] ter (31 F.R. 11035) regarding proposed expenses and the related rate of assess­ the handling of Beurre D’Anjou, Beurre ment for the period beginning April 1, Bose, Winter Nelis, Doyenne du Comice, 1966, and ending March 31, 1967, pur­ Beurre Easter, and Beurre Clairgeau PART 924— FRESH PRUNES GROWN varieties of pears grown in Oregon, IN DESIGNATED COUNTIES IN suant to the marketing agreement, as amended, and Order No. 926, as amended Washington, and California, effective WASHINGTON AND IN UMATILLA (7 CFR Part 926), regulating the han­ under the applicable provisions of the COUNTY, OREG. dling of Tokay grapes grown in San Agricultural Marketing Agreement Act Joaquin County, Calif., effective under of 1937, as amended (7 U.S.C. 601-674). Expenses and Rate of Assessment the applicable provisions of the Agricul­ After consideration of all relevant mat­ tural Marketing Agreement Act of 1937, ters presented, including the proposals On August 16,1966, notice of rule mak­ set forth in such notice which were sub­ ing was published in the F ederal R eg­ as amended (7 U.S.C. 601-674). After consideration of all relevant matters pre­ mitted by the Control Committee (estab­ ister (31 F.R. 10888) regarding proposed lished pursuant to said amended mar­ expenses and the related rate of assess­ sented, including the proposals set forth in such notice which were submitted by keting agreement and order), it is hereby ment for the period beginning April 1, found and determined that: 1966, and ending March 31, 1967, pur­ the Industry Committee (established suant to the marketing agreement, and pursuant to said amended marketing § 927.206 Expenses and rale of assess­ Order No. 924 (7 CFR Part 924), regulat­ agreement and order), it is hereby found ment. and determined that: ing the handling of Fresh Prunes grown (a) Expenses. Expenses that are rea­ in designated counties in Washington § 926.206 Expenses and rate of assess­ sonable and necessary to be incurred by and in Umatilla County, Oreg. This reg­ ment. the Control Committee during the period ulatory program is effective under the (a) Expenses. Expenses that are rea­ July 1, 1966, through June 30, 1967, will Agricultural Marketing Agreement Act sonable and likely to be incurred by the amount to $36,850. of 1937, as amended (7 U.S.C. 601-674). Industry Committee during the period (b) Rate of assessment. The rate of After consideration of all relevant mat­ April 1, 1966, through March 31, 1967, assessment for said period, payable by ters presented, including the proposals will amount to $29,188.50: each handler in accordance with § 927.41, set forth in such notice which were sub­ (b) Rate of assessment. The rate of is fixed at $0.01 per standard western mitted by the Washington-Oregon Fresh assessment for said period, payable by pear box of pears, or an equivalent of Prune Marketing Committee (estab­ each handler in accordance with § 926.46, pears in other containers or in bulk. lished pursuant to said marketing agree­ is fixed at $0.01 per standard package or (c) Reserve. Unexpended assessment ment and order), it is hereby found and funds, in excess of expenses incurred determined that: equivalent quantity of grapes. It is hereby further found that good during the fiscal period ended June 30, § 924.206 Expenses and rate of assess­ cause exists for not postponing the effec­ 1966, in the amount of $8,000, shall be ment. tive date hereof until 30 days after pub­ carried over as a reserve in accordance lication in the F ederal R eg ister (5 with applicable provisions of § 927.42. (a) Expenses. Expenses that are rea­ U.S.C. 1001—1011) in that (1) shipments It is hereby further found that good sonable and likely to be incurred by the of Tokay grapes are now being made; cause exists for not postponing the effec­ Washington-Oregon Fresh Prune Mar­ (2) the relevant provisions of said mar­ tive date hereof until 30 days after pub­ keting Committee during the period April keting agreement and this part require lication in the F ederal R eg ister (5 1* 1966, through March 31, 1967, will that the rate of assessment fixed for a U.S.C. 1001-1011) in that (1) shipments amount to $10,890. particular fiscal period shall be appli­ of fresh pears are now being made; (2) (b) Rate of assessment. The rate of cable to all assessable Tokay grapes from the relevant provisions of said market­ assessment for said period, payable by the beginning of such period; and (3) ing agreement and this part require that each handler in accordance with § 924.41, such period began on April 1, 1966, and the rate of assessment herein fixed shall is fixed at $1 per ton of fresh prunes. the rate of assessment herein fixed will be applicable to all assessable pears han­ It is hereby further found that good automatically apply to all assessable dled during the aforesaid period; and (3) cause exists for not postponing the effec­ grapes beginning with such date. such period began on July 1, 1966, and tive date hereof until 30 days after pub­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. the rate of assessment will automatically lication in the F ederal R egister (5 U.S.C. 601-674) apply to all such pears beginning with such date. 1001-1011) in that (1) shipments of the Dated: August 31,1966. current crop of fresh prunes grown in the (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. designated production area are now be­ P aul A. Nicholson, 601-674) Deputy Director, Fruit and ing made; (2) the, relevant provisions of Dated: August 31, 1966. said marketing agreement and this part Vegetable Division, Consumer equire that the rate of assessment here- and Marketing Service. P aul A. Nicholson, n fixed shall be applicable to all assess­ [F.R. Doc. 66-9701; Filed, Sept. 2, 1966; Deputy Director, Fruit and Veg­ able prunes handled during the aforesaid 8:49 a.m.] etable Division, Consumer ,anc* ^ ) such period began on and Marketing Service. 1966, and said rate of assessment PART 927— BEURRE D’ANJOU, [F.R. Doc. 66-9702; Filed, Sept. 2, 1966; win automatically apply to all such BEURRE BOSC, WINTER NELIS, 8:49 a.m.] Prunes beginning with such date. DOYENNE DU COMICE, BEURRE 48 sta t- 31. as amended; 7 U.S.C. EASTER, AND BEURRE CLAIRGEAU PART 931— FRESH BARTLETT PEARS VARIETIES OF PEARS GROWN IN GROWN IN OREGON AND WASH­ Dated: August31,1966. O R EG O N , WASHINGTON, AND INGTON CALIFORNIA P aul A. Nicholson, Expenses and Rate of Assessment Deputy Director, Fruit and Veg­ Expenses and Rate of Assessment On August 18, 1966, notice of rule etable Division, Consumer and and C arryo ver of Unexpended making was published in the F ederal Marketing Service. Funds R eg ister (31 F.R. 10963) regarding pro­ posed expenses and the related rate of tp-R. Doc. 66-9686; Piled, Sept. 2, 1966; On August 18, 1966, notice of rule 8:47 a.m.] assessment for the fiscal period begin­ making was published in the F ederal ning July 1, 1966, and ending June 30, FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11658 RULES AND REGULATIONS

1967, pursuant to the marketing agree­ After consideration of all relevant mat­ 755; 16 U.S.C. 704), authorizes and di­ ment and Order No. 931 (7 CFR Part ters, including the proposals set forth in rects the Secretary of the Interior, from 931) regulating the handling of fresh the aforesaid notice which were recom­ time to time, having due regard for the Bartlett pears grown in Oregon and mended by the Area Committee for Area zones of temperature and to the distri­ Washington. This regulatory program No. 2, established pursuant to the said bution, abundance, economic value, is effective under the Agricultural Mar­ marketing agreement and order, it is breeding habits, and times and lines of keting Agreement Act of 1937, as hereby found and determined that: flight of migratory game birds, to deter­ amended (7 U.S.C. 601-674). After con­ § 948.252 Expenses and rate of assess­ mine when, to what extent, and by what sideration of all relevant matters pre­ ment. means, such birds or any part, nest, or sented, including the proposals set forth egg thereof, may be taken, captured, in such notice which were submitted by (a) The reasonable expenses that are killed, possessed, sold, purchased, the Northwest Fresh Bartlett Pear Mar­ likely to be incurred by the Area Com­ shipped, carried, or transported. mittee for Area No. 2, established pur­ keting Committee (established pursuant suant to Marketing Agreement No. 97 By Notice of Proposed Rule Making to said marketing agreement and order), published in the F ederal R egister of it is hereby found and determined that: and Order No. 948, both as amended, to enable such committee to perform its May 24, 1986 (31 F.R. 7479), notification § 931.201 Expenses and rate of assess­ functions pursuant to the provisions of was given that the Secretary of the Inte­ ment. the aforesaid amended agreement and rior proposed to amend Part 10, Title 50, Code of Federal Regulations. These (a) Expenses. Expenses that are rea­ order during the fiscal period ending June 30, 1967, will amount to $13,421.50. amendments would specify open seasons, sonable and likely to be incurred by the certain closed seasons, shooting hours, Northwest Fresh Bartlett Pear Market­ (b) The rate of assessment to be paid and bag and possession limits for migra­ ing Committee during the fiscal period by each handler in Area No. 2 pursuant tory game birds for the 1966-67 hunting July 1, 1966, through June 30, 1967, will to Marketing Agreement No. 97 and Or­ seasons. amount to $17,450. der No. 948, both as amended, shall be $0.00225 per hundredweight of potatoes In this connection all interested per­ (b) Rate of assessment. The rate of sons were invited to submit their views, assessment for said period, payable by handled by him as the first handler thereof during said fiscal period. data, or arguments regarding such mat­ each person who first handles pears in ters in writing to the Director, Bureau of accordance with § 931.41, is fixed at $0.01 (c) Unexpended income in excess of expenses for the fiscal period ending Sport Fisheries and Wildlife, Washing­ per standard western pear box, or equiv­ ton, D.C. 20240, within 30 days following alent quantity, of pears. June 30, 1967, may be carried over as a reserve. the date of publication of the notice. It is hereby further found that good (d) Terms used in this section shall Subsequently, after due consideration cause exists for not postponing the ef­ have the same meaning as when used of migratory game bird survey data ob­ fective date hereof until 30 days after in Marketing Agreement No. 97, as tained through investigations conducted publication in the F ederal R egister (5 amended, and this part. by the Bureau of Sport Fisheries and U.S.C. 1001-1011) in that (1) the rele­ It is hereby found that good cause Wildlife and State game departments, vant provisions of said marketing agree­ exists for not postponing the effective and from other sources, the several State ment and this part require that the rate time of this action until 30 days after game departments were informed con­ of assessment herein fixed shall be ap­ publication in the F ederal R egister (5 cerning the shooting hours, season plicable to all assessable pears handled UJS.C. 1003) in that: (1) The relevant lengths, and daily bag and possession during the aforesaid period, and (2) such provisions of this part require that the limits proposed to be prescribed for the period began on July 1, 1966, and said rate of assessment fixed for a particular 1966-67 seasons on waterfowl and coots rate of assessment will automatically fiscal period shall be applicable to all in all Fly ways; on gallinules and com­ apply to all such pears beginning with assessable potatoes from the beginning mon snipe in the Pacific Flyway; on such date. of such period, and (2) the current fiscal lesser sandhill (little brown) cranes in (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. period began July 1, 1966, and the rate limited areas of Texas and New Mexico; 601-674) of assessment herein will automatically on whistling swans in Utah; and on apply to all assessable potatoes begin­ ducks, coots, gallinules, and common Dated: August 31,1966. ning with such date. snipe in Puerto Rico and the Virgin Is­ P aul A. Nicholson, (Secs. 1—19, 48 Stat. 31, as amended; 7 lands. The State game departments Deputy Director, Fruit and Veg­ UJS.C. 601-674) were invited to submit recommendations etable Division, Consumer and for hunting seasons to conform to the Marketing Service. Dated: August 31,1966. shooting hours, daily bag and possession limits, and season lengths within frame­ [FH . Doc. 66-9687; Filed, Sept. 2, 1966; P aul A. Nicholson, 8:47 a.m.] Deputy Director, Fruit and works of opening and closing dates, as Vegetable Division, Con­ established by this Department. {Area No. 2] sumer and Marketing Service. Accordingly, each State game depart­ [F.R. Doc. 66-9703; Filed, Sept. 2, 1966; ment having had an opportunity to par­ PART 948— IRISH POTATOES GROWN 8:49 am .] ticipate in selecting the hunting seasons IN COLORADO desired for its State on those species of migratory game birds for which open Expenses and Rate of Assessment Title 50— WILDLIFE AND seasons are now to be prescribed, and Notice of rule making regarding the Consideration having been given to all proposed expenses and rate of assess­ FISHERIES Other relevant matters presented, it is ment for Area No. 2 (San Luis Valley), determined that certain sections of Part to be effective under Marketing Agree­ Chapter I— Bureau of Sport Fisheries 10 shall be amended as set forth below. ment No. 97 and Order No. 948, both as and Wildlife, Fish and W ild life The taking of the designated species amended (7 CFR Part 948), was pub­ Service, Department of the Interior of migratory game birds is presently lished in the August 12, 1966, issue of prohibited. These amendments will per­ the F ederal R egister (31 F.R. 10747). SUBCHAPTER B— HUNTING AND POSSESSION OF mit taking of those species within speci­ This regulatory program is effective un­ WILDLIFE fied periods of time beginning as early der the Agricultural Marketing Agree­ PART 10— MIGRATORY BIRDS as October 1, as has been the case in ment Act of 1937, as amended (7 U.S.C. past years. Since these amendments 601 et seq.). Open Seasons, Bag Limits, and Pos­ benefit the public by relieving existing The notice afforded interested persons session of Certain Migratory Game restrictions, they shall become effective upon publication in the F ederal R e g is ­ an opportunity to file written data, views, Birds or arguments pertaining thereto not ter. later than the 15th day after publication Section 3 of the Migratory Bird Treaty 1. Section 10.52 is amended by adding in the F ederal R egister. None was filed. Act of July 3,1918, as amended (40 Stat. a new paragraph (c) to read as follows:

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 HULES AND REGULATIONS 11659

§ 10.52 Migratory game bird hunting power will be permitted on those coastal Shelter Island to the Cedar Point light; seasons for Puerto Rico and the Vir­ water areas open to sea duck hunting but not including any coastal waters of gin Islands. during the special open season and all New York State lying south of Long ***** waters of rivers and streams lying sea­ Island; and the States of New Jersey, (c) Puerto Rico and the Virgin Islands. ward from the first upstream bridge in Maryland, and North Carolina, under the the States of Maine, Massachusetts, New following conditions: Any person who Common Hampshire, Rhode Island, and Connecti­ cripples any migratory waterfowl while Ducks Coots Galli­ snipe cut; and in those coastal waters of New shooting from a fixed position may, with­ nules (Wilson’s) York State lying in Long Island and in a 200-yard radius of such fixed posi­ Block Island Sounds and the waters of tion, pursue, shoot, and retrieve such Daily bag limit___ 4 6 8 8 Gardiner’s Bay lying east of a line from Possession limit__ 8 12 16 crippled waterfowl from a motorboat 16 the Long Beach Bay lighthouse to the under power. most easterly point of Ram Head on Shooting hours One-half hour before sunrise until (c) Atlantic Flyway States. sunset daily. Docks Geese Seasons in: (except Mergansers Coots (except Brant Puerto Rico 1___ December 17, 1066—January 29, mergansers) snow geese) 1967.« Virgin Islands... December 6, 1966—January 29, Daily bag limit.. 1967. Possession limit. P 9 « 5 10 2 (,s) »10 20 4

« CHECK PUERTO RICO REGULATIONS FOR Shooting hours. ADDITIONAL RESTRICTIONS! One-half hour before sunrise until sunset daily.

2. Section 10.53 is amended by revisingSeasons in: Connecticut»•______paragraph (b) and by adding new para­ Oct. 15-Oct. 29.. Oct. 15-Nov. 3. graphs (c), (d), (e), (f), and (g) to Delaware *______Nov. 19-Dec. 23 Nov. 19-Jan. 7. Nov. 4-Nov. 26. read as follows: Dee. 12-Jan. 7 District of Columbia. Nov. 29-Jan. 14. Florida2«»______Closed season. § 10.53 Seasons and limits on waterfowl, Nov. 24-Nov. 27. coots, gallinules, and Wilson’s snipe. Georgia 2 »______Dec. 3-Jan. 8___ Dec. 3-Jan. 8. Maine 2 *»_____ Nov. 7-Jan. 15. ***** Maryland2______Oct. 8-Dec. 16. Massachusetts2*«10 Oct. 31-Jan. 7. (b) (1 )A special open season for tak­ Oct. 15-Nov. 29. ing scoter, eider, and old-squaw ducks New Hampshire 2 4 » .. Dec. 15-Jan. 7. is prescribed during the period between Oct. 8-Dec. 1. New Jerseys. . . Dec. 17-Dec. 31. September 25 and January 10 in all Oct. 22-Dec. 30. coastal waters and all waters of rivers New York » «» Nov. 22-Jan. 2 North Carolina 2___ Oct. 15-Dec. 23. and streams lying seaward from the first Pennsylvania 2 7«

(d ) Mississippi Flyway States.

Ducks (except Mergansers Coots Geese mergansers)

i» 4 *5 10 *5 Daily bag limit. «5 Possession limit. i» 8 *10 20

Shooting hours. One-half hour before sunrise until sunset daily.

Seasons in: Nov. 24-Jan. 7. Nov. 7-Jan. 15. Alabama...... Oct. 30-Jan. 7. Arkansas411. ___d o ...... —. Oet. 22-Dec. 5. Oct. 22-Dec. 23. Illinois! 11 i.. Dec. 30-Jan. 5. Indiana. Oct. 29-Nov. 26- Oct. 14-Dec. 10. Dec. 22-Jan. 2 ... Dec. 22-Jan. 2. Oct. 15-Nov. 28. Oct. 1-Dec. 9. Iowa______Nov. 7-Jan. 15. Kentucky___ Nov. 25-Jan. 8 .. Louisiana 8 4 •_ Nov. 18-Jan. 1 .. Do. Oct. 10-Nov. 23. Oct. 1-Nov. 30. Michigan 811. . Oct. 1-Dec. 9. Minnesota11. . Oct. 8-Nov. 21.. Nov. 25-Jan. 8 .. Oct. 15-Nov. 8. Mississippi4 T_. Nov. 25-Jan. 8. Missouri:811 20 Squaw Creek Area.. Nov. 1-Dec. 15. Oct. -Dec. 28. Swan Lake Area______do...... Do. ___ do______Oct. 20-Dec. 3. Remainder of State. Dec. 22-Jan. 15. Oct. 22-Dec. 24. Ohio «. Oct. 22-Nov. 26- Dec. 27-Dec. 31. Dec. 26-Dec. 31. Nov. 25-Jan. 8 .. Nov. 7-Jan. 15. Tennessee4. . . . Oct. 8-Dec. 16. Wisconsin810 **. Oct. 8-Nov. 21..

i Ducks other than mergansers: In all States, the daily bag limit may not include more of the following species tham (a) 2 w ^d d u c S r ^ S v a s b a c k s ; aná (c) 2 mallards. The possession limit may not mclude more than: ^2 Bonus*sCaujfand rlngnedr^cks fjL bonusdaily bag limit of 2 and a possession limit of 4 scaup ducks singly or in the aggregate of these species is permitted in addition to the basic limits on ducks otter than mer- eamers as follow (a) S a n y portionof the regular open season for ducks occurring on or after Nov. L 1966, in the entire States of Minnesota and Wisconsin; and in certain areas of the States ofMichigan.Missouri, and Ohio as described, delineated, andSdesignated as bomis scaup and ringneck anas :in hunting re la tio n s ^opted by ‘ hese States' (bi During any portion of the regular open season for ducks occurring on or after Oct. 20,19w, in tne ^ue woe Bays área'of Michigan as described, delineated and designated as a bo° us l^g^south lions adonted by Michigan; (c) during the entire regular open season for ducks in that part of Louisiana lymg soutn an d past of a line starting at tile intersection of U.S. Highway 90 and the Louisiana-Texas State line; tlumce east f - lowing U S Highway 90 to its intersection with U.S. Highway 61; thence northwesterly following U.S. Highway to the iunction with U.S Highway 51; thence north following U.S. Highway 51 to its intersection with U.S. Highway 100- thence easterly following U.S. Highway 190 to its intersection with the Louisiana-Mississippi State line, a dady Q & 2 anda p S S o n l i i i t of 4lcaup and ringneck ducks, singly or in the aggregate of these species, are al-

^ Q eefe5- aïfstate^ T ^ d aU y bag^and^^session limit may not include, in the alternative, more tt a n :( a ) 2 Canada geese or (b) 2 white-fronted geese or (c) 1 Canada goose and 1 white-fronted goore. No open season jspre- s c X d fo r ttf ta k in g o fg e ^ e in the Mississippi Counties of Issaquena, Sharkey, and Washington; and in the Tennessee Counties of Dÿer, Lauderdale, Shelby and Tipton. No open season is prescribed for taking Canada ge?Hlinotis® Inath ! StetíoM lU no^ tb e W lo f Canada geese will be limited to a total of 2£000 birds; and when the Director Bureau of SoortFisheries and Wildlife has determined the date upon which 20,000 Canada geese will have Se^kilied ^ h^ 11 seasonwiU be^lored by the Director upon having given public notice thereof through public infnrmivHnn mpHíR no Ipss than 48 hours in &dv&nc6 of the time &nü date of closing. . . ■ ln«°T ouisiana- For the lands and waters of the State of Louisiana lying easterly of the centerline of the main navigable chan n eltftte MiL¿sippTR?ver between the north boundary of Loukiana to atitude 31° N., the season for taking eeese is Oct 15-Nov. 8 and Nov. 25-Jan. 8. Canada geese may be taken in this area. „ „w u ™ «f+h0 main ^^Mississippi: For the lands and waters of the State of Mississippi lying westerly of the renterhne °f the mam navigable channel of the Mississippi River between the north boundary of Louisiana to latitude 31 N., the season for taking geese is Oct 15-Nov. 8 and Nov. 25-Jan. 8. Canada geese may not be taken in this area. ~ f s Missouri- In the Swan Lake area consisting of those portions of the Missouri Counties of Livingston, CMrol. T „favette Saline Howard, Chariton, and Linn, bounded by roads starting at the junction of U.S. Highways 36 ana 65 at^Chillieothe ’in Livingston County; thence South along U.S. Highway 65 to the junction with State Highway 41 at Marshall in Saline County; thence east along State Highway 41 to the junction with State Highway 240, thence nnrtb andeast along State Highway 240 to the junction with State Highway 5 at Glascow in Howard County, thence Sorth IfonlltateH ighw ay 5 tothe junction with U.S. Highway.36 north of Marceline in Linn County; thence west , tt si ^fcriphwav 36 to the Doint of beginning, the combined kill of Canada geese will be limited to a total of 25,000 htedf-^nd whfn th e D fr e c to rr ^ r e a i^ f™ r t’Fisheries and WUdlife has determined the date upon which 25,(X)0 Canada geese will have been killed in this area the season will be closed therein by the Director ¿ven mi blip notice thereof through local information media no less than 48 hours in advance of the tine and date of closing. P Creek Area comisting of Atchison and Holt Counties and those portions of Andrew and Nodaway CoSnüL lyteg wesrofU S mg“ ?!, Canada geese may be taken only during the period from Oct. 20-Nov. 18 «.nH in thfa area the daily bag limit may not include mor© than 1 Canada goose. , . . , «dObi^ F ot P ^ a t u ^ g re s^ o ir in Ashtabula County and for one-quarter mile in any direction from saidreser- veirthe'om n s e W f o n l t o g duckrand coots is Oct. 8-Oct. 15 and Nov. 4-Dec. 15 and the open season for taking and brant is Oct 8-Dec. 9. In this area the basic daily limit for ducks other than mergansers is 3 and the pos- S S e In this area9the reason is closed on snow geese; and the daily bag limit on geese is 2 ?f winch not “ e t t a l may be a Canada goose and the possession limit is 4 geese; and the daily bag and possession limit is 6 ^ W isco n sin - In Wisconsin the combined kill of Canada geese will be limited to not more than 14,000 birds; and m the CounUesof ColumbiaDodge, Fond Du Lac, Green Lake, Jefferson, Juneau, and Wmnebago, Canada geese the t^^ties oi_^iumoid, xj g gatUrdav Sunday, and Monday during the open season for taking geese. When n hyai ^ d e t e M d b y BmeaTofS^rt F is h e r ie s ^ Wüdliíe that 14,000 Canada geese will have bppn killed the season for taking Canada geese in the above named 7 Counties will be closed by the P JjecJ.or bn^inff viven oublie notice thereof through local information media not less than 48 hours in advance of the time and dite of the State the season for takmg Canada geese will be closed at the end oi the 20th consecutive day following the day closing m the above na o NS ! 11 CHECK STATE REGULATIONS FOR ADDITIONAL RESTRICTIONS!

FEDERAL REGISTER, VOL. 3T, NO. 172— SATURDAY, SEPTEMBER 3, 1966 (e) Central Fly way States. (f) Pacific Flyway States—Waterfowl.

Ducks Ducks Coots and (except Mergansers Coots Geese (exoept Mergansers Gallinules Geese Brant mergansers) mergansers) (in the aggregate) Daily bag limit« >8 *8 Possession limit. Daily bag limit.. »5 »10 «8 Possession limit 25 *0 8 (I4) »10 25 »6 8 Shooting hours. One-half hour before sunrise until sunset daily. Shooting hours. One-half hour before sunrise until sunset daily.4 Seasons in: Seasons in: Colorado (east of Continental Divide) *r „ Oct. 22-Dec. 2 0 ...... Nov. 2-Jan. 18. Arizona__ . . . ______Oct. 11-Jto. 8______Kansas...... ___ Oct. 29-Nov. 27...... Oct. 11-Jan. 8. Closed season. Oct. 8-Dec. 21. C a l i f o r n i a ______... ___ _«■««, Oct. 22-Jan. 4______Oct. 22-Jan. 8. Dec. 10-Jan. 2______Colorado (west of Continental Nov. 26-Feb. 13. Montana (see footnote 5 for area description) Oct. 8-Dec. 6 -.-.______Oct. 11-Jàn. 8 . . _____ Oct. 11-Jan. 8. Closed season. Nebraska Oct. 1-Dec. 14. Divide)1 Oct. 15-Dec. 13...... Do. Idaho4_____ ...... ______Oct. 8-Jan. 8. New Mexico (see footnote 6 for area description) Nov. 19-Jan. 7___... ______Oct. 8-Jan. 6 .. .Do. North Dakota »...... Nov. 19-Jan. 15. Montana (see footnote 5 for area Oct. 8-Jan. 5. ----- do_____. . . Oct. 8-Nov. 26...«.___. . . . . Oct. 1-Dec. 14. description)* -Do. Oklahoma______Oct. 29-Dec. 2 7 ...______N e v a d a ______j Oct. 7-Oct. 29. Oct. 18-Dec. 28. Oct. 15-Jan. 8.. .Do. South Dakotar______... ___ Nov. 25-Jan. 15. New Mexico (see footnote 0 for area Oct. 8-Dec. 21.. Oct. 8-Dec. 21.. -Do. Texas...... Oct. 8-Dec. 6______...... Oct. 1-Dec. 14. description)» Nov. 19-Jan. 7__. . . . . ______Oregon *___ ..... ______Wyoming (east of Continental Divide)'7.".'.” ! ...... Oct. 25-Jan. 7. Oct. 8-Jan. 5 . . ___«... Oct. 8-Jan. 15.. Nov. 28-Feb. 15. Oct. 8-Nov. 7 « . . . . . Oct, 8-Oct. 31. Utah______..... ______” Oct. 8-Jan. 5 ...... Dec. 17-Jan. 8______----- do...... Closed season. Nov. 21-Jan. 15. Washington4 *______I I I ”" Oct. 15-Jan. 8______Oct. 15-Jan. 8 .. Nov. 25-Feb. 12. Wyoming (west of Continental' Oct. 8-Jan. 5______Divide)» Oct. 8-Jan. 8 ... Closed season. J P ^ ° ^ d h“ “ f rganserr & all States, the daily bag limit may not include more of the following species than 2 ca^asbacks, and (c) 2 mallards, and the possession limit maynot include moriTtCi- fal

b f * oanvasbacks, and (c) 4 mallards. In the States of Colorado (east of Continental Divide) Kansas Ore?Mkan^ Mfthn ihT d fuS t In ?n States and in all areas except the Columbia Basin Areas of Washington, REGULATIONS AND RULES include momPhn n°¿ wnnd K 8 ?ot m°r® *ban 2 wood ducks and the possession limit may not Utah 5&rdl^*?• ln ™ States of Arizona, Colorado (west of Continental Divide), Idaho, Oregon, and Wyoming (west of Continental Divide) the basic daily bag limit on ducks other than mer- the^asic dalfv b a s H }tU Iü the States°f Nevada and New Mexico (west of Continental Divide) the basic dailv h a l thá| m®rgansersis 6 and the possession limit is 12. In the State of California llmiif may^oUnc^ifde^nore* than ^hooded S S S S Z l * ! ln°lude m°re tbm 1 hooded * * * * * * aild *he possession t i i f e n t a i P . 08®es.^°° limit on ducks other than mergansers'is 7. In the State of Montana (west of Con- 9 t t, L¡?. ab S ^ e s , the daily bag and possession limit may not include more of the following species than ■ (*) i » 1 Divide) the basic daily bag and possession limit on ducks other, than mergansers is 6 lim if maynotTnolude m o c h a n f f l e Ü S 0' mOTe th&n 1 h°°ded merganser and the possessIon d a ^ m n e r a l ^ n d ' A1amosa, jConejos, Costilla, and Rto Grande, and those portions of Hihs- and 1 n ,¥} ar.ea®, *be daily bag and possession limit may not include more than 1 Ross’s goose; «5» Í nn.n dUTH a h n « 5 u ?J?y u ° j ÍSSS Sí “ ore than 3 geese of the dark species: Provided, That in the States of Wash- Utah^n^lark^nim^^Nfov3! « ^ 1^ l 8®^6 an$ tBe possession limit is 6 geese; and in the States of Arizona and of the’ RtatifOf the l f ab °C °u,ntie8 °j?® ar Lake> Bonneville, and Caribou, and in those portions bvlhe Ruraannf P ^ ^ ap ro p eriy validated special Federal duck and ^olJ?L .*!’ Montana, New Mexico, and Wyoming lying in the Pacific FI wa y , the daily bag and tííiaTli11?,t 1rí:lud?-inor? í,íaií 2 ¡pan,ada geese. No open season is prescribed for taking snow, blue, and Fisber/esand Wildlife and issued by the Colorado Game Department: (b) The daily t o g S Ross 8 geese in the Idaho Counties of Clark, Madison, Fremont, and Teton. ’ po^riOnlhniHs^ O ™nfagf re^ate °.f tb®86 species and may not include more than 2 canvasbacks; and toe Slngly °/ln the apregate of these species of which not more than 4 may be can- rLc?« FiSornm^ i l B ? ? i ^ reas,0f Idabo (counties of Ada, Benewah, Blaine, Bonner, Boundary, Camas, Canyon, lnriutog opedning day.y ®hootmg hours are from one-half hour before Sunrise until 12 o’clock noon standard time, T ^ n a,Fai^ 0 ^ a w^’0h in 2 ^ ? ’ Je «015e’ Kootenai, Latah, Lewis, Lincoln, Minidoka, Nez Perce, Owyhee, Payette, Y ^ w ngt0?Ii?nd ®re8?n (counties of Baker, Gilliam, Malheur, Morrow, Sherman, Umatilla. r f t J l íud y® 3?0), Jbe season for taking ducks, coots, and galfinules is Oct. 8-Jan. 5. In the Columbia season í l í T i ' n State 1/big east of the summit of the Cascade Mountains) the open season for taking ducks, coots, and gallinules is Oct. 15-*Jan. 22. In these areas, the basic-limits on ducks other than mergansers are 6 daily and 12 in possession, and the daily shooting hours for ducks, coots, and gallinules only are from one-half hour before sunrise Until one-iialf hour after sunset. gaiunuies omy are fin bSt^^iiHn0itS-?h o 0n. r ith. i ?(,H?fbway160in Del Norte; ttenw west a n ^ s ^ th M ^ ^ g U e|tHM wav P»ta“ “luPSm £™ SiofC°°®*’ ““ c °“ « “ 01 ™ , Choutóa», Cascade, Mragher,

and “oí*hi of a line beginning at the point where U.8. Highway ItatiaSSiwlv ann east»Rowing U.S. Highway 99 to the junction with CHECK STATE REGULATIONS FOR ADDITIONAL RESTRICTIONS! „ ^ waZ «’ íí.ence south and east on State Highway 89 to the junction with State Highway 49: thence east tion vrith U S H khw lv'rol t-h in S ® JU?htl01^Witt Staí? ™|bway 7Ú'< thence east on State Highway 70 to the june* fn?nia NToJkífa “ south and east on U.S. Highway 395 to the point of intersection with the Cali- the basic daflv b ^ limitan Hnnw taking ducks-’ c.ootsi gallinules, and geese is Oct. 8-Jan. 5. In this area tn® Da3i® hauy bag limit on ducks other than mergansers is 6 and the possession limit is 10. -Fiáh and Game District No. 22 lying east of a line beginning at tbe point where U S Highway 95 intersects the Cahfornia-Nevada State line; thence south on U.S. Highway 95 to Vidal junction- thence T °qi Paved county road through Rice to the junction with U.S. Highway 60-70 at Desert Center- íoad tbroiívh ■wi1i^ llWo?u t0*th,e inter*®ctlon with the Wiley Wells road; thence south on this ™,a? f5 i0J?gb Wiley Wells and continue southeasterly on the Army-Milpitas road to the Davis Lake intersection junction wito U S Hfvíwav ^ tb f^ °« Uah.l0 ^Silbyjlbence south on this paved county road through Ogilby to the Algodones roa^’th^ppkiwn?h^pi-íkn«C«,eaA*e/íy M 88 5n U-S- Highway 80 to the intersection With the Andrade- border tbe oneñ Andrade-Algodone® road to the intersection with the California-MexicO C,°?í8’ gallinules, and geese is Oct. 11-Jan. 8. In this area the daily bag on ducks other than mergansers is 5 and the possession limit is 10; and the daily bag and possession limit on geese “ ayootmclude more than 2 Canada geese. In the remainder of California Fish and Game District N o !^ the open th an 1 Canadí|ooso!ada 86686 ^ fr°m ° Ct' 22_Dec- 25 811(1 the daily bag and possession limit may not indude more m í“ California there Is prescribed an open season On snow and Ross’s geese from Jan. 9-22. 1967. 5 Uggì "^kfCHECK 'l i F P ^ ^ STATE T 1íi^F'8^R^,1^ñTT1^in'T®r?xfc®^/?T REGULATIONS FORW?1íSs11(rrt-í1lore ADDITIONAL than RESTRICTIONS! 1 maí be a Ross’s goose. ’ FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11662 RULES AND REGULATIONS

(g) Pacific Flyway States—Commonwhile hunting a properly validated 1966 (3) The provisions of this special reg­ (Wilson’s) Snipe. whistling swan hunting permit. When a ulation are effective to January 28, 1967. whistling swan has been killed by a ARCTIC NATIONAL WILDLIFE RANGE One-half hour before hunter he must Immediately attach and sunrise until sunset lock the metal seal and the proper por­ Public hunting of migratory game daily. tion of his numbered permit around the birds is permitted on all lands within the upper right wing of the swan. Arctic National Wildlife Range. A map 8 of the area is available from the Re­ 16 (Sec. 3, 40 Stat. 756, as amended; 16 U.S.C. gional Director, Bureau of Sport Fish­ 706) eries and Wildlife, 730 Northeast Pacific Abram V. T unison, Seasons In: Street, Portland, Oreg. 97208. Hunting Nov. 20-Jan. 8. Acting Director, Bureau of Nov. 19-Jan. 7. Sport Fisheries and Wildlife. shall be in accordance with all applicable Oct. 8-Nov. 26. Street, Portland, Oreg. 97208. Hunting Oct. 15-Dec. 3. A u g u s t Oct. 22-Dec. 10. 31,1966. conditions: Nov. 17-Jan. 1. (a) Species permitted to be taken; Oct. 15-Dec. 3. [F.R. Doc. 66-9657; Filed, Sept. 2, 1966; 8:46 a.m.] Wilson’s snipe, brant, little brown crane, ducks, and geese. i CHECK STATE REGULATIONS FOR ADDI­ (b) Open season: TIONAL RESTRICTIONS! PART 32— HUNTING (1) Wilson’s snipe—from one-half 3. Section 10.54 is amended to read as hour before sunrise to sunset, September follows: National Wildlife Refuges and 1 through October 31, 1966. Ranges, Alaska (2) Ducks, geese, and brant—from § 10.54 Seasons and limits on lesser one-half hour before sunrise to sunset, sandhill (little brown) cranes and The following special regulations are September 1 through December 14, 1966. whistling swans. issued and are effective on date of publi­ (3) Little brown crane—from one- Subject to the applicable provisions of cation in the F ederal R eg ister. The half hour before sunrise to sunset, Sep­ the preceding sections of this part, the limited time ensuing from the date of tember 1 through October 15, 1966. open seasons (dates inclusive), the areas the adoption of the national migratory (c) Other provisions: open to hunting, the shooting hours, and game bird regulations to and including (1) The provisions of this special reg­ the daily bag and possession limit on the the establishment of State hunting sea­ ulation supplement the regulations species of migratory game birds desig­ sons makes it impracticable to give pub­ which govern hunting on wildlife refuge nated in this section are prescribed as lic notice of proposed rule making. areas generally which are set forth in follows: Title 50, Code of Federal Regulations, § 32.12 Special regulations; migratory Part 32, and in the current Federal (a) An open season for the taking of game birds; for individual wildlife Migratory Bird Regulations. lesser sandhill (little brown) cranes of refuge areas. (2) A Federal permit is not required 30 consecutive days between Saturday, Alaska to enter the public hunting area. October 29,1966, and Sunday, November (3) The provisions of this special 27, 1966, is prescribed in the New Mexico ALEUTIAN ISLANDS NATIONAL WILDLIFE regulation are effective to December 15, Counties of Chaves, Curry, De Baca, REFUGE Eddy, Lea, Quay, and Roosevelt, and in 1966. that portion of the State of Texas lying Public hunting of migratory game CLARENCE RHODE NATIONAL WILDLIFE west of a line from the International birds is permitted only on the islands of RANGE Toll Bridge in Del Rio, Val Verde Adak, Atka, Unimak, Shemya, Attu, and County; thence northward following U.S. Great Sitkin. A map of the area is Public hunting of migratory game Highway 277 to the junction with U.S. available at the refuge headquarters, birds is permitted on all lands within Highway 87 at San Angelo, Tom Green Cold Bay, Alaska, and from the Regional the Clarence Rhode National Wildlife County; thence northwesterly follow­ Director, Bureau of Sport Fisheries and Range. A map of the area is available ing U.S. Highway 87 to the junction with Wildlife, 730 Northeast Pacific Street, from the Regional Director, Bureau of U.S. Highway 287 at Dumas, Moore Portland, Oreg. 97208. Hunting shall be Sport Fisheries and Wildlife, 730 North­ County; thence northwesterly following in accordance with all applicable State east Pacific Street, Portland, Oreg. 97208. U.S. Highway 287 to the point of inter­ regulations subject to the following Hunting shall be in accordance with all section with the Texas-Oklahoma State conditions: applicable State regulations subject to line in Dallam County. The daily bag (a) Species permitted to be taken: the following conditions: limit is 2 and the possession limit is 4 Wilson’s snipe, brant, little brown crane, (a) Species permitted to be taken: lesser sandhill (little brown) cranes, and ducks, and geese (except Canada geese Wilson’s snipe, brant, little brown crane, the shooting hours are one-half hour and subspecies). ducks, and geese. before sunrise until sunset daily. (b) Open season: (b) Open season: (b) A limited open season for the tak­ (1) Wilson’s snipe—from one-half (1) Wilson’s snipe—from one-half ing of whistling swans under special per­ hour before sunrise to sunset; September hour before sunrise to sunset, September mit is prescribed for the State of Utah 1 through October 31,1966. 1 through October 31, 1966. subject to the following conditions: (1) (2) Ducks, geese, and brant—from (2) Ducks, geese, and brant—from The open season dates and shooting one-half hour before sunrise to sunset. one-half hour before sunrise to sunset, hours will run concurrently with those The islands of Adak, Atka, Shemya, Attu, September 1 through December 14, 1966. for hunting ducks in the State of Utah; Great Sitkin—October 15, 1966-January (3) Little brown crane—from one- (2) not to exceed 1,000 special permits 27,1967; the island of Unimak—Septem­ half hour before sunrise to sunset, Sep­ may be issued authorizing the permittee ber 1-December 14, 1966. tember 1 through October 15, 1966. to take 1 whistling swan; and (3) the (3) Little brown crane—from one- (c) Other provisions: special permit forms and correspondingly half hour before sunrise to sunset, Sep­ (1) The provisions of this special reg­ numbered metal locking seals will be tember 1 through October 15, 1966. ulation supplement the regulations furnished by the Bureau of Sport (c) Other provisions: which govern hunting on wildlife refuge Fisheries and Wildlife and issued by the (1) The provisions of this special reg­ areas generally which are set forth m Utah State Department of Fish and ulation supplement th e regulations Title 50, Code of Federal Regulations, Game to persons making written applica­ which govern hunting on wildlife refuge Part 32, and in the current Federal areas generally which are set forth in Migratory Bird Regulations. tion for such permit: Provided, That (2) A Federal permit is not requirea if more than 1,000 applications are re­ Title 50, Code of Federal Regulations, Part 32, and in the current Federal to enter the public hunting area. ceived a drawing will be held to deter­ (3) The provisions of this special reg­ mine which applicants shall be issued Migratory Bird Regulations. permits. Each person must have been (2) A Federal permit is not required ulation are effective to December 15» issued and must carry on his person to enter the public hunting area. 1966.

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 RULES AND REGULATIONS 11663

IZEM BEK NATIONAL W IL D LIFE RANGE the Kodiak National Wildlife Refuge. A PART 32— HUNTING Public hunting of migratory game map of the area is available at the refuge birds is permitted on all lands within ^headquarters, Kodiak, Alaska, and from Mark Twain National Wildlife the Izembek National Wildlife Range. the Regional Director, Bureau of Sport Refuge, Iowa Fisheries and Wildlife, 730 Northeast A map of the area is available at the ref­ The following special regulation is uge headquarters, Cold Bay, Alaska, and Pacific Street, Portland, Oreg. 97208. Hunting shall be in accordance with all issued and is effective on date of publi­ from the Regional Director, Bureau of cation in the F ederal R eg ister. Sport Fisheries and Wildlife, 730 North­ applicable State regulations subject to east Pacific Street, Portland, Oreg. 97208. the following conditions: §32.22 Special regulations; upland Hunting shall be in accordance with all (a) Species permitted to be taken: game; for individual wildlife refuge applicable State regulations subject to Wilson’s snipe, brant, little brown crane, areas. the following conditions: ducks, and geese. I owa (a) Species permitted to be taken: (b) Open season: MARK TWAIN NATIONAL WILDLIFE REFUGE Wilson’s snipe, brant, little brown crane, (1) Wilson’s snipe—from one-half hour before sunrise to sunset, September Public hunting of upland game species ducks, and geese. on the Mark Twain National Wildlife (b) Open season: 1 through October 31, 1966. (2) Ducks, geese, and brant—from Refuge, Iowa, is permitted only on the (1) Wilson’s snipe—from one-half areas known as the Big Timber Division hour before sunrise to sunset, September one-half hour before sunrise to sunset, 1 through October 31, 1966. September 1 through December 14, 1966. and that portion of the Louisa Division (3) Little brown crane—from one- known as the Turkey Island area desig­ (2) Ducks, geese, and brant—from nated by signs as open to hunting. one-half hour before sunrise to sunset, half hour before sunrise to sunset, Sep­ September 1 through December 14, 1966. tember 1 through October 15, 1966. These open areas, comprising 1,660 acres, (c) Other provisions: are delineated on a map available at the (3) Little brown crane—from one-half refuge headquarters and from the Re­ hour before sunrise to sunset, September (1) The provisions of this special reg­ 1 through October 15,1966. ulation supplement the regulations which gional Director, Bureau of Sport Fisher­ (c) Other provisions: govern hunting on wildlife refuge areas ies and Wildlife, 1006 West Lake Street, (1) The provisions of this special reg­ generally which are set forth in Title 50, Minneapolis, Minn. 55408. Hunting ulation supplement the regulations which Code of Federal Regulations, Part 32, shall be in accordance with all applicable govern hunting on wildlife refuge areas and in the current Federal Migratory State regulations concerning the hunting generally which are set forth in Title 50, Bird Regulations. of upland game. Code of Federal Regulations, Part 32, (2) A Federal permit is not required The provisions of this special regula­ and in the current Federal Migratory to enter the public hunting area. tion supplement the regulations which Bird Regulations. (3) The provisions of this special reg­ govern hunting on wildlife refuge areas (2) A Federal permit is not required ulation are effective to December 15, generally which are set forth in Title to enter the public hunting area. 1966. 50, Code of Federal Regulations, Part 32, and are effective through February 28, (3) The provisions of this special regu­ NUNIVAK NATIONAL WILDLIFE REFUGE lation are effective to December 15,1966. 1967. Public hunting of migratory game J ames W . S alyer, KENAI NATIONAL MOOSE RANGE birds is permitted on all of the lands Refuge Manager, Mark Twain Public hunting of migratory game within the Nunivak National Wildlife National Wildlife Refuge, birds is permitted on all the lands within Refuge. A map of the area is available Quincy, III. the Kenai National Moose Range. A from the Regional Director, Bureau of August 25, 1966. map of the area is available at the refuge Sport Fisheries and Wildlife, 730 North­ headquarters, Kenai, Alaska, and from [F.R. Doc. 66-9663; Filed, Sept. 2, 1966; east Pacific Street, Portland, Oreg. 8:45 a.m.] the Regional Director, Bureau of Sport 97208. Hunting shall be in accordance Fisheries and Wildlife, 730 Northeast with all applicable State regulations sub­ Pacific Street, Portland, Oreg. 97208. ject to the following conditions: PART 32— HUNTING Hunting shall be in accordance with all (a) Species permitted to be taken: applicable State regulations subject to Wilson’s snipe, brant, little brown crane, Mark Twain National Wildlife the following conditions: ducks, and geese. Refuge, Iowa (a) Species permitted ip be taken: (b) Open season: The following special regulation is Wilson’s snipe, brant, little brown crane, (1) Wilson’s snipe—from one-half ducks, and geese. issued and is effective on date of publi­ hour before sunrise to sunset, September cation in the F ederal R e g ister . (b) Open season: 1 through October 31,1966. . (1) Wilson’s snipe—from one-hall (2) Ducks, geese, and brant—from § 32.32 Special regulations; big game; hour before sunrise to sunset, Septem­ one-half hour before sunrise to sunset, for individual wildlife refuge areas. ber 1 through October 31, 1966. September 1 through December 14, 1966. I owa (2) Ducks, geese, and brant—from (3) Little brown crane—from one-half one-half hour before sunrise to sunset. hour before sunrise to sunset, during the MARK TWAIN NATIONAL WILDLIFE REFUGE September 1 through December 14, 1966, period September 1 through October 15, (3) Little brown crane—from one-hall 1966. Public hunting of big game on the hour before sunrise to sunset, September (c) Other provisions: Mark Twain National Wildlife Refuge, 1 through October 15, 1966. (1) The provisions of this special reg­ Iowa, is permitted only on the areas (c) Other provisions: ulation supplement the regulations^vhich known as Big Timber and that portion (1) The provisions of this special reg­ govern hunting on wildlife refuge areas of the Louisa Division known as the Tur­ ulation supplement the regulations which generally which are set forth in Title key Island area designated by signs as govern hunting on wildlife refuge areas 50, Code of Federal Regulations, Part open to hunting. These open areas, com­ generally which are set forth in Title 50, 32, and in the current Federal Migratory prising 1,660 acres, are delineated on a Lode of Federal Regulations, Part 32, Bird Regulations. map available at the refuge headquarters and in the current Federal Migratory and from the Regional Director, Bureau Bird Regulations. (2) A Federal permit is not required of Sport Fisheries and Wildlife, 1006 to enter the public hunting area. , A Federal permit is not required West Lake Street, Minneapolis, Minn, 10 roTier Public hunting area. (3) The provisions of this special reg­ 55408. Hunting shall be subject to the , ,, '^le Provisions of this special regu­ ulation are effective to December 15, following conditions: lation are effective to December 15,1966. 1966. (a) Species to be taken: All species P aul T. Qu ic k , as authorized by Iowa State regulation. KODIAK NATIONAL WILDLIFE REFUGE Regional Director. (b) Seasons, limits and methods of v-i^blic hunting of migratory game [F.R. Doc. 66-9662; Filed, Sept. 2, 1966; taking are as authorized by Iowa State ds is permitted on all the lands within 8:45 am .] regulation.

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11664 RULES AND REGULATIONS (c) No locked or private blinds shall be allowed. (d) No camping is allowed. (e) Other provisions: .. (1) The provisions of this special reg­ ulation supplement the regulations which govern hunting on wildlife refuge areas generally which are set forth in Title 50, Code of Federal Regulations, Part 32, and are effective through De­ cember 31, 1966. J ames W. S alyer, Refuge Manager, Mark Twain National Wildlife Refuge, Quincy, HI- August 25,1966. [F.R. Doc. 66-9664; Filed, Sept. 2, 1966; 8:45 a.m.J

(

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11665 Proposed Rule Making

trainee would be participating in a super­ of subparagraph (a) (7) and by adding a DEPARTMENT OF THE TREASURY vised training program, and a final 6- new subparagraph (a) (8) reading as month academic period ashore. When follows: Coast Guard the temporary licensing program is § 10.10—21 Third assistant engineer; terminated, this program will be revised steam vessels. E 46 CFR Parts 10, 11, 12 1 and extended to a 3-year program. [ CGFR 66—48 ] 4. The other proposal consists of the (a) * * * (8) Satisfactory completion of a 3- APPRENTICE ENGINEERS employment of an “apprentice engineer” on board ship under the direct super­ year apprentice engineer training pro­ Licensing and Certificating of vision of the Chief Engineer. The trainee gram approved by the Commandant. Merchant Marine Personnel would be required to serve two (2) years to be eligible for an original license as pa rt 11— lic en ses in t e m p o r a r y 1. The Commandant, U.S. Coast temporary third assistant engineer. Dur­ GRADES OR SPECIAL ENDORSE­ Guard, will consider proposals regarding ing this time he would participate in a the establishment of a seaman’s entry planned training program of on-the-job MENTS ON LICENSES TO PERMIT rating as “apprentice engineer” and rec­ training. TEMPORARY SERVICE ognition of training programs for pro­ 5. The Marine Engineers' Beneficial Subpart 11.10— Licenses in spective third assistant engineers, as well Association, the Brotherhood of Marine Temporary Grades as acceptance of,the completion of an Officers, and the American Maritime As­ approved training program as qualifying sociation have requested approval of 9. It is proposed to amend § 11.10-50 experience for a license as a third assist­ these two programs. They have also re­ by adding at the end of paragraph (a) ant engineer. Interested persons and quested that the rating of “apprentice a new sentence reading as follows: organizations are requested to submit engineer” be established as an endorse­ written comments about the proposals § 11.10—50 Temporary Third Assistant ment on the merchant mariner’s docu­ Engineer. in this document, which should be sub­ ment of those trainees involved in the mitted in triplicate to the Commandant programs and that completion of the pro­ (a) * * * Satisfactory completion of (CMC), U.S. Coast Guard, Washington, grams be considered as qualifying ex­ a 2-year apprentice engineer training D.C. 20226, before October 1, 1966. It is perience for a license as third assistant program approved by the Commandant desired that each comment set forth the engineer. Both programs would be ex­ will also be acceptable. section identification, the subject, the tended to 3 years when the temporary li­ * * * * * proposed change, the reason or basis for censing program is terminated. it, the business firm or organization (if 6. The authority to prescribe rules and any) and the name and address of the regulations with respect to establishing PART 12— CERTIFICATION OF submitter. Each comment submitted will an entry rating as “apprentice engineer” SEAMEN be considered and evaluated. After the and qualifications for a third assistant Subpart 12.25— Certificates of Service rules and regulations are approved by the engineer is in R.S. 4405, as amended, Commandant, they are published in the 4462, as amended, 4438, as amended, for Ratings Other Than Able Sea­ Federal R egister as required by law. 4438a, as amended, 4441, as amended, man or Qualified Member of the 2. The proposed changes will add new 4551, as amended, sec. 13, 38 Stat. 1169, Engine Department provisions designated 46 CFR 10.10-21 as amended, apd secs. 1, 2, 7, 49 Stat. (a) (8) (Third assistant engineer; steam 10. It is proposed to add to Subpart 1544, 1545, as amended, 1936, as amend­ 12.25 a new § 12.25-35 reading as follows: vessels), 11.10-50 (a) (last sentence) ed; 46 U.S.C. 375, 416, 224, 224a, 229, 643, (Temporary third assistant engineer), 672, 367, 639. The delegation of author­ § 12.25—35 Apprentice engineers. and 12.25-35 (Apprentice engineers). ity for the Commandant, U.S. Coast Persons enrolled in an apprentice The current shortage of licensed third Guard, to prescribe regulations is in assistant engineers to man the active ves­ engineer training program approved by Treasury Department Order 120, July 31, the Commandant and who present a let­ sels in the merchant marine, as well as 1950,15 F.R. 6521. projection of statistics indicating this ter or other documentary evidence that 7. By virtue of the authority vested in they are so enrolled shall be issued a shortage will become more acute within me as Commandant, U.S. Coast Guard, the next few years, are factors indicat­ merchant mariner’s document as “ap­ by section 632 of Title 14, U.S. Code and prentice engineeer” and may be signed ing that prompt action needs to be taken Treasury Department Order 120, July 31, to provide additional sources for future on ships as such. The endorsement 1950 (15 F.R. 6521), the actions as de­ “apprentice engineer” may be in addi­ manpower needs. These problems have scribed in this document are proposed. been discussed with representatives of tion to other endorsements. Persons labor and management, representing a holding merchant mariner’s documents large majority of the licensed engineers with the endorsement “apprentice engi­ SUBCHAPTER B— MERCHANT MARINE OFFICERS neer” shall be deemed to be seamen un­ employed on board seagoing merchant AND SEAMEN vessels and the owners of such vessels. der the provisions of Title 53 of the The Marine Engineers’ Beneficial Asso­ PART 10— LICENSING OF OFFICERS Revised Statutes and the regulations in ciation and the Brotherhood of Marine AND MOTORBOAT OPERATORS this subchapter. However, this endorse­ Officers have established training pro­ ment of “apprentice engineer” only does AND REGISTRATION OF STAFF not authorize the holder to fill any of grams for prospective licensed engineers. OFFICERS 3. Hie first proposed program is based the regular ratings. on a 2-year course of directed study and Subpart 10.10— Professional Require­ Dated: August 31, 1966. Practical experience under instruction, ments for Engineer Officers’ Li­ [ seal] P. E. T r im bl e, as meeting the service requirements for censes (Inspected Vessels) a license as “temporary third assistant Vice Admiral, U.S. Coast Guard, engineer.” The course would consist of 8. It is proposed to amend § 10.10-21 Acting Commandant. a 6-month academic period ashore, a 12- by changing the period (.) to a semi­ [ F A Doc. 66-9707; Filed, Sept. 2, 1960; hionth period at sea during which the colon and add the word “or,” at the end 8:49 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11666 PROPOSED RULE MAKING

shell eggs under present production and processing for egg products other than DEPARTMENT OF AGRICULTURE marketing practices. Shell eggs used as whites which are to be fermented. breaking stock today are of a much In order to lessen the possibilities of Consumer and Marketing Service higher quality than eggs used for recontamination and to aid, generally, [ 7 CFR Part 55 1 similar purposes years ago. There is a in producing a wholesome egg product, correlation between egg quality and egg certain sections of the regulations deal­ EGG PRODUCTS solids. Generally, higher quality eggs ing primarily with operating procedures, have a lower solids content than lower equipment and sanitation would be Grading and Inspection quality eggs because less shrinkage or strengthened. Some of these changes loss of moisture has occurred. There include requiring a packaging room with Notice is hereby given that the U.S. are other factors which affect the solids a filtered positive air ventilation sys­ Department of Agriculture is consider­ content but quality or freshness is prob­ tem in an area separate from other proc­ ing amendments to the Regulations Gov­ ably the most important. The Depart­ essing operations for spray-dried egg erning the Grading and Inspection of ment has collected data on this subject products; that surface coolers and all Egg Products, under authority contained and a statistical analysis has recently liquid holding vats containing pasteur­ in the Agricultural Marketing Act of ized product be kept covered while in use 1946, as amended (7 U.S.C. 1621-1627). been completed. This data shows that the solids content of shell eggs used for and that a suitable inner liner be used Statement of considerations. In May today’s breaking stock is, in fact, below for pasteurized egg products packaged 1965, the Department announced in used containers. changes to the egg products inspection the 25% percent level. Therefore, the Department proposes to change this fig­ The entire section on cooling is re­ regulations. These changes required written to more clearly specify the re­ pasteurization of egg products produced ure to 24.75 percent. The official inspection mark would be quirements presently in effect. in official plants and became effective Other changes of a more minor nature over a period of time beginning June 1, changed by deleting the words “selected eggs” and “Processed under Supervision are being proposed and certain adminis­ 1965, and ending June 1, 1966. Since trative and clarifying changes would be that time, the Department has conducted of USDA Licensed Inspector.” The term “selected eggs” is no longer applicable made. tests to determine the effectiveness of the All persons who desire to submit writ­ pasteurization program. These tests because practically all wholesome egg products, other than those produced ten data, views or comments in connec­ show a tremendous reduction in the tion with this proposal shall file the number of samples of egg products found from storage eggs, may be identified with the shield mark. The other term is only same in triplicate with the Hearing to be contaminated with Salmonella. In Clerk, U.S. Department of Agriculture, only rare and scattered instances are superfluous and in our opinion detracts Room 112, Administration Building, samples found to be Salmonella positive. from the appearance of the mark. In Washington, D.C. 20250, not later than Recontamination is the primary cause order to provide sufficient time for pres­ October 7,1966. for this although faulty equipment can ent label supplies to be utilized, this All written submissions made pursu­ sometimes be responsible. The effective­ requirement would not become fully ef­ ant to this notice will be made available ness of the pasteurization requirements fective until July 1, 1968. for public inspection at the Office of the is substantiated in reports and data of Provision is made in the regulations Hearing Clerk during regular business other regulatory agencies concerned with for the shipment, under certain condi­ hours (7 CFR 1.27(b)). this problem. However, the Department tions, of nonpasteurized egg products The proposed amendments are as feels that routine testing for the presence from one official plant to another for follows: pasteurization or heat treatment. A new of Salmonella in pasteurized egg prod­ § 55.2 [Amended] ucts would give added assurance of pro­ inspection mark is proposed for this non­ ducing Salmonella negative product and pasteurized product when such product 1. Paragraphs (w) and (y) in § 55.2 would materially aid in eliminating or is packaged or placed in containers other would be deleted. correcting faulty equipment and operat­ than bulk tanks for shipment. This will 2. Section 55.6(b) would be amended ing practices where recontamination is facilitate control of this product. to read: possible. The proposed amendments The proposal would establish a new § 55.6 Basis of service. would require the testing of pasteurized section dealing with the classification of * * * * * egg products for the presence of shell eggs used in the processing of egg (b) Whenever grading or inspection Salmonella. products. This is being done to clarify service is performed on a sample basis, Information obtained by the Depart­ the types of eggs that can be broken and such sample shall be drawn in accord­ ment also indicates that higher pasteuri­ for the purpose of combining these re­ ance with the provisions of this para­ zation temperatures are required for quirements into one section so that this graph except sampling for the presence liquid yolks than for liquid whole eggs. information is more accessible and un­ of Salmonella shall be in accordance Accordingly, the amendments would re­ derstandable to inspectors, users of the with the provisions set forth in quire that liquid yolks be flash heated to service and others. The actual require­ § 55.77 (p). not less than 144° P. and held at this ments are essentially the same as those (1) When frozen egg products are temperature for not less than 3% min­ presently in use. packed in 30-pound or larger containers, utes. The present 140° P. requirement The section on egg cleaning operations a sufficient number of randomly selected for liquid whole eggs would not be would be changed to require the tem­ containers shall be selected equivalent changed. perature of the wash water to be at least to not less than the square root of the The section which requires products 100° P. and that an approved detergent total number in the lot. When frozen to be pasteurized would be rewritten to be used. In addition, immersion type egg products are packed in smaller con­ eliminate the various dates which speci­ washers would be eliminated. These tainers, the number of containers to be fied the effective dates or stages for changes will materially affect the clean­ selected shall be not less than the figure implementation of the pasteurization liness of eggs arriving at the breaking obtained by dividing the total net w eigh t program. station since higher temperatures and of the lot by 30 and extracting the The regulations require that egg prod­ approved detergents increase the effec­ square root thereof. For sampling pur­ ucts labeled as “whites and yolks” have tiveness of washing and immersion type poses, a lot shall consist of not more the total egg solids content declared on washers do not comply with present food than 45,000 pounds. the label if the egg solids content is less processing standards. (2) Samples of dried egg solids of ap­ than 25% percent. This 25% percent The condition of liquid egg products propriate size shall be drawn in approxi­ figure was established quite some time deteriorates somewhat from the time of mately equal portions from four ran­ domly selected containers in each lot. ago and was based on the natural pro­ breaking until further processing (pas­ portion of solids found in shell eggs used For sampling purposes, a lot shall con­ for breaking. There has been some teurizing, freezing, drying, etc.). The sist of not more than 15,000 pounds. H question as to whether this figure is truly proposal would establish a time limit of the lot consists of less than four con­ representative of the solids content of 48 hours between breaking and further tainers, the sample shall be drawn m

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 PROPOSED RULE MAKING 11667 equal portions from each container in label, as well as the official mark, if used, the lo t shall be applied to the container and 3. Subparagraph (5) of § 55.17(a) shall not be applied to a detachable cover EGG PRODUCTS would be amended to read: such as a lid. PROCESSED UNDER SUPERVISION § 55.17 Authority and duties of inspec­ 11. Section 55.36(b) would be amended tors performing service on a resident to read: OF USDA LICENSED INSPECTOR inspection basis. § 55.36 Form of official identification PLANT N0.42 LOT 000 (a) * * * symbol and inspection mark. (5) To issue a certificate upon request • * * * * on any egg product processed in the (b) The inspection mark which is per­ F igure 4 official plant. mitted to be used on egg products * * * * * other than those prepared in accordance 4. Section 55.20 would be amended towith §§ 55.39 and 55.40 shall be contained NON-PASTEURIZED read: within the outline of a shield and with EGG PRODUCTS the wording and design set forth in Fig­ § 55.20 Who may obtain grading and in­ ure 2 of this section, except that the lot e l i g i b l e f o r pasteurization spection services. number and plant number may be AND FURTHER PROCESSING IN AN (a) An application for grading and omitted from the official identification OFFICIAL USDA PLANT inspection service may be made by any if applied elsewhere on the container. interested person, including, but not be­ When the lot number and plant number PLANT NO.42 LOT 000 ing limited to, the United States, any are omitted from the official identifica­ F igure 5 State, county, municipality, or common tion, the inspection mark shall be in the carrier, and any authorized agent of form and design indicated in Figure 3 of 13. Section 55.39 would be amended the foregoing. this section. to read: (b) Where grading service is offered: * * * * * Any product may be graded or inspected, § 55.39 Products which may bear other wherever a grader or inspector is avail­ official identification. able and the facilities and the conditions (a) Egg products which are produced are satisfactory for the conduct of the in an official plant from edible shell eggs servicé. of other than current production or from § 55.22 [Amended] other egg products which bear the rec­ tangular mark set forth in Figure 4 of 5. The word “sampler” would be § 55.38 may bear the identification mark deleted from the text of paragraph (a) illustrated in Figure 4 of § 55.38 and such of § 55.22. products may contain other edible in­ § 55.23 [Amended] gredients. None of such products may bear the inspection mark illustrated in 6. The word “Pour” would be changed Figures 2 and 3 of § 55.36. After freez­ to read “Three” in the first sentence of ing and prior to shipping, such products paragraph (b) in § 55.23. shall be drilled and inspected organolep­ § 55.24 [Amended] tically by a grader of frozen eggs and 7. The words “grading service, inspec­ those products which are in satisfactory tion service or sampling service” would condition may bear the identification set be changed to read: “grading or inspec­ forth in Figure 4 of § 55.38. tion service” in the first sentence of (b) All nonpasteurized egg products § 55.24. which are to be shipped from an official plant in packaged form to another of­ § 55.32 [Amended] ficial plant for pasteurization or heat 8. The word “sampler” would be treatment shall be marked with the of­ deleted wherever it appears in § 55.32. ficial identification mark set forth in 9. Section 55.33 would be amended to Figure 5 of § 55.38. Such products shall read: meet all requirements for egg products which are permitted to bear the official § 55.33 Reuse of containers bearing of­ inspection mark shown in Figures 2 and ficial identification prohibited. 3 of § 55.36 except those pertaining to The reuse, by any person, of contain­ pasteurization or heat treatment. After ers bearing official identification is pro­ pasteurization or heat treatment, such hibited unless such identification is ap­ products may bear the official inspection plicable in all respects to product being mark shown in Figures 2 and 3 of § 55.36. packed therein. In such instances, the 14. Section 55.45 would be amended container and label may be used pro­ to read: dded the packaging is accomplished under the supervision of an inspector or F igure 3 § 55.45 Grading certificates. grader and the container is in com­ pliance with § 55.77 (k ). 12. Section 55.38 would be amended to Grading certificates (including appeal read: grading certificates) shall be issued on 10. Section 55.35 would be amended § 55.38 Form of other identification. forms approved by the Administrator. Dy changing the last two sentences to read: Egg products prepared in accordance 15. Paragraphs (e), (k), (o), and (p) with §§ 55.39 and 55.40, if to be officially of § 55.77 would be amended to read: §55.35 Approval of official identifica­ identified, shall be marked with the ap­ tion. propriate official identification of the § 55.77 General operating procedures. wording and design set forth in Figure ***** „ ... Egg products that are labi 4 or Figure 5 of this section whichever (e) Pasteurizing, drying, or freezing and yolks” or words of sim is applicable, except that the lot number “»Port shall have the total egg so operations shall start within 48 hours and plant number may be omitted from from time of breaking for egg products con£r(;dt ° ? the label toe egg so the official identification if applied else­ content is less than 24.75 percent. ' other than those to be fermented. where on the container. • * * * *

3To. 172------5 FEDERAL REGISTER, V O L 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11668 PROPOSED RULE MAKING

(k) Packages or containers for egg 16. Paragraphs (b), (e), (f), and (g) stuck yolks, developed embryos at or products shall be clean when being filled of § 55.79 would be amended to read: beyond the blood ring state, moldy eggs, with any egg products; and all reason­ § 55.79 Candling and transfer-room op­ sour eggs, musty eggs, any eggs that are able precautions shall be taken to avoid erations. adulterated as such term is defined pur­ suant to the Federal Food, Drug and soiling or contaminating the surface of * * * ♦ * any package or container liner which is, Cosmetic Act, and any other filthy and or will be, in direct contact with such egg (b) Floors, benches, and conveyors decomposed eggs including the follow­ products. Only new containers or used shall be cleaned as often as necessary to ing: containers that are clean, in sound con­ maintain a clean operation but at least (i) Any egg with visible foreign mat­ dition and lined with suitable inner once daily. ter other than removable blood and meat liners shall be used for packaging pas­ * * * * * spots in the egg meat. teurized egg products. (e) All shell eggs eligible for breaking (ii) Any egg with a portion of the ***** shall be placed on conveyors or into con­ shell and shell membrane missing and with egg meat adhering to or in contact (0) All egg products prior to being re­ tainers that are easily cleaned and handled in a manner which will mini­ with the outside of the shell. leased into consumptive channels shall (iii) Any egg with dirt or foreign be pasteurized in accordance with mize breakage. (f) Shell eggs shall be handled in a material adhering to the shell and with § 55.101 except that dried whites pre­ cracks in the shell and shell membrane. pared from nonpasteurized liquid shall manner to minimize sweating prior to breaking. (iv) Any liquid egg recovered from be heat treated in accordance with shell egg containers and leaker trays. § 55.103. (g) Shell eggs with damaged shells unless prohibited under § 55.80(d) shall (v) Open leakers made in the washing (l) Pasteurized liquid egg product operation. shall be sampled and tested for the pres­ be placed into leaker trays and shall be broken promptly. (vi) Any egg which shows evidence ence of Salmonella. The sample shall be that the contents are or have been exud­ drawn after final packaging and if to 17. Section 55.80 would be amended to ing prior to transfer from the case. be frozen, may be drawn prior to freez­ read: (e) Incubator rejects shall not be ing. Dried egg products shall be sam­ brought into the official plant. Ova pled in the final packaged form and § 55.80 Classifications of shell eggs used in the processing of egg products. from slaughtered birds may be brought tested for the presence of Salmonella. into the official plant for pasteurizing: All sampling for the presence of (a) The shell eggs shall be sorted and Provided, That the ova is from poultry Salmonella shall be in accordance with classified into the following categories inspected in a plant operating under the the procedures outlined in paragraph (p) in a manner approved by the National Poultry Products Inspection Act; that of this section and product found to be Supervisor: the containers of such ova bear the poul­ Salmonella positive shall be reprocessed. (1) Eggs listed in paragraph (d) of try products inspection mark; that the (2) Nonpasteurized or Salmonella this section. ova is processed separately and properly positive egg product may be shipped from (2) Dirty. labeled: And provided further, That the an official plant only when it is to (3) Leakers that may be broken. ova is not blended with egg products. be pasteurized, repasteurized, or heat (4) Eggs from other than chickens. treated in another official plant. All Duck, turkey, guinea, and goose eggs may 18. Section 55.81 would be amended to shipments of products from one official be processed in accordance with § 55.40. read: plant to another for pasteurization, re­ (5) All other eggs—s a t i s f a c t o r y § 55.81 Egg cleaning operations. pasteurization, or heat treatment shall breaking stock. be in sealed cars or trucks with an ac­ (b) Shell eggs received in cases having (a) The following requirements shall companying certificate stating that the strong odors such as kerosene, gasoline, be met when washing shell eggs to be product is not pasteurized or is Salmo­ or other odors of a volatile nature, shall presented for breaking: nella positive. If nonpasteurized or be candled and broken separately to (1) The temperature of the wash Salmonella positive products are to be determine their acceptability for egg water shall be at least 100° F. and an stored in other than the official plant meat purposes and each container of the approved detergent shall be used. facilities, the grader or inspector-in­ resultant frozen product shall be drilled (2) The washing operation shall be charge at the consignee and consignor’s and examined organoleptically. continuous and eggs shall not be allowed plants shall be given full knowledge of (c) Shell eggs, when presented for to stand or soak in water. the disposition of the product, including breaking, shall be of edible interior (3) Immersion type washers shall not warehouse inventory receipts, until such quality and the shell shall be sound and be used. time as product is pasteurized, repas­ free of adhering dirt and foreign mate­ (4) Preventative measures shall be taken to prevent excess fo a m in g action teurized, or heat treated. The containers rial, except that : of such products shall be marked with (1) Checks and eggs with a portion during the egg washing operation. the identification mark shown in Figure of the shell missing may be used when (5) Washed eggs shall be spray- 5 of § 55.38. the shell is free of adhering dirt and rinsed with an approved sanitizing agent (p) Salmonella sampling and testing; foreign material and the shell mem­ of not less than 100 p.p.m. nor more than (1) Pasteurized egg products shall be brane is not ruptured. 200 p.p.m. of available chlorine, or other sampled and tested for the presence of (2) Eggs with clean shells which are approved sanitizers. Salmonella in a manner prescribed by damaged in candling and/or transfer (b) Shell eggs shall not be washed in the National Supervisor. and have a portion of the shell and shell (2) Dried whites which have been heat membrane missing may be used only the breaking room or any room where treated in the dried form shall be when the yolk is unbroken and the con­ edible products are processed. sampled at the rate of one composite tents of the egg are not exuding over the (c) Shell eggs shall be sufficiently dry sample per lot of not in excess of 4,000 outside shell. Such eggs shall be placed at time of breaking to prevent contami­ pounds and analyzed for the presence of in leaker trays and be broken promptly. nation or adulteration of the liquid egg Salmonella. Each lot of product must (3) Eggs with meat or blood spots may product. be identified. be used if the spots are removed in an (d) Washed eggs shall be immediately acceptable manner. (3) Results of laboratory analyses broken after they are dried. for the presence of Salmonella shall be (d) All loss or inedible eggs shall be made available to the inspector. Such placed in a designated container and be § 55.82 [Amended] analyses shall be made by a laboratory handled as required in § 55.77 (c). Ined­ 19. Paragraph (o) of § 55.82 would b_e approved by the National Supervisor and ible and loss eggs for the purpose of this deleted. continuing approval will be based on the section and § 55.83 are defined to include results of confirmation samples sub­ black rots, white rots, mixed rots, green 20. Paragraphs (k), (y), and (bb) of mitted to a USDA laboratory and an­ whites, eggs with diffused blood in the § 55.83 would be amended and paragraph alyzed at the applicant’s expense. albumen or on the yolk, crusted yolks, (o) would be deleted as follows:

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 PROPOSED RULE MAKING 11669

§ 55.83 Breaking room operations. (3) Liquid egg product to which 10 moved continuously'while the sifters are ***** percent salt has been added—60° F .: in operation. (k) Inedible and loss eggs as defined Provided, That immediately after proc­ * * * * * In § 55.80(d) apply to this section. essing product is packaged and placed 25. Paragraph (a) of § 55.92 would be in a freezer. amended to read: * * *■*,*’ * (4) All other liquid egg product—45° (o) [Deleted] F. or lower. §55.92 Spray processing drying opera­ *» * * * * (e) For liquid egg product to be held tions. (y) Dump tanks, draw-off tanks arid in excess of 8 hours; liquid whites shall (a) The drying room shall be kept chums shall be flushed at least every 4 be cooled and maintained at a tempera­ in a dust-free condition at all times and hours. All such equipment and all other ture of 55° P. or lower, and all other shall be free of flies, insects, and rodents. liquid handling equipment unless cleaned liquid egg product shall be cooled and A packaging room with a filtered positive by acceptable in-place cleaning methods, maintained at a temperature of 40° F. air ventilation system shall be provided shall be dismantled and cleaned after or lower, within 2 hours from time of in an area separate from other proc­ each shift. Pasteurization equipment breaking. essing operations. shall be thoroughly cleaned at the end of (f) Stabilized liquid whites shall be * * * * * each day’s production or more often if cooled to 55° P. or less. All other stabi­ necessary. All such equipment shall be lized liquid egg product, if held 8 hours 26. Subparagraph (4) of § 55.93(b) thoroughly flushed with a sanitizing or less, shall be cooled to 45° F. or lower, would be amended by deleting the first solution and thoroughly drained prior to and if held longer than 8 hours, shall sentence and substituting in lieu thereof placing in use. be cooled to 40° F. or lower unless im­ the following: * * * * * mediately dried or pasteurized following § 55.93 Spray process powder; defini­ (bb) Metal containers and lids for stabilization. The cooling process shall tions and requirements. other than dried products shall be thor­ be started immediately after stabilization • * * * * * oughly washed, rinsed, sanitized and and completed within 3_hours. (b) * * * drained immediately prior to filling, ex­ (g) Pasteurized liquid whites shall be (4) When deemed necessary a resident cept that if equally effective measures cooled to 55° F. or less. All other pas­ inspector shall draw a representative approved by the National Supervisor in teurized liquid egg product, unless im­ sample to be scored for palatability. writing are followed to assure clean and mediately dried or stabilized following * * * pasteurization, shall be cooled to 45° F. sanitary containers at the time of filling, * * * * * the foregoing sequence shall not be or lower if held 8 hours or less or to required. 40° F. or lower if held longer than 8 27. Paragraph (b) of § 55.101 would be * * * * * hours. The cooling process shall be amended by deleting the first sentence started immediately following pasteuri­ and substituting in lieu thereof the fol­ § 55.84 [Deleted] zation and completed within 2 hours. lowing: 21. Section 55.84 would be deleted. (h) Upon written request and under § 55.101 Pasteurization of liquid eggs. 22. Section 55.85 would be amended to such conditions as may be prescribed by ***** read: the National Supervisor, liquid cooling (b) Pasteurizing operations. Except § 55.85 Liquid egg cooling. and handling temperatures not other­ wise provided for in this section may be for liquid yolk, the strained or filtered (a) Liquid egg storage rooms, includ­ approved. liquid egg shall be flash heated to not ing surface coolers and holding tank (i) Agitators shall be operated in such less than 140° F. and held at this tem­ rooms, shall be kept clean, free from ob­ a manner as will minimize the produc­ perature for not less than 3% minutes. jectionable odors and condensation. tion of foam. The strained or filtered liquid yolk shall Surface coolers and all liquid holding (j ) When ice is used as an emergency be flash heated to not less than 144° F. vats containing pasteurized product shall and held at this temperature for not refrigerant by being placed directly into less than 3Y2 minutes. * * * be kept covered while in use. liquid the egg meat, the source of the ice must cooling units shall be of approved con­ be certified by the local or State Board * * * * * struction and have sufficient capacity to of Health. Such liquid shall not be § 55.103 [Amended] cool all liquid eggs to the temperature frozen and identified with the Depart­ requirements specified in this section. 28. Paragraphs (a) and (c) of § 55.103 ment legend, but it may be dried and so would be deleted. (b) Compliance with temperature re­ identified. All ice shall be handled in quirements applying to liquid eggs shall a sanitary manner. Done at Washington, D.C., this 30th be considered as satisfactory only if the day of August 1966. entire mass of the liquid meets the re­ 23. Paragraph (a) of § 55.86 would be quirements. amended to read: R oy W. L ennartson, Associate Administrator. (c) Unless the resultant liquid egg is § 55.86 Liquid egg holding. immediately mechanically cooled to the [F.R. Doc. 66-9688; Filed, Sept. 2, 1966; temperatures specified in this section (a) All tanks, vats, drums, or cans 8:47 a.m.] for each product, all shell eggs shall be used for holding liquid eggs shall be of approved construction, fitted with covers cooled to temperatures that will result I 7 CFR Part 1013 ] in liquid egg product not exceeding a and located in rooms maintained in a temperature of 70° P. during processing, sanitary condition. [Docket No. AO-286-A8] other than while being stabilized or * • * * * * MILK IN SOUTHEASTERN FLORIDA pasteurized. 24. Paragraph (i) of § 55.91 would be MARKETING AREA (d) Liquid egg product which is not amended to read: to be held in excess of 8 hours and which Notice of Recommended Decision and is not subjected to immediate stabiliza­ § 55.91 Spray process drying facilities. Opportunity To File Written Excep­ tion or pasteurization shall be cooled and * * * * * tions on Proposed Amendments to maintained at the following tempera­ (i) Sifters shall be constructed of an tures within 2 hours from time of break­ Tentative Marketing Agreement ing: approved metal or metal lined interior. The sifting screens and frames shall be and to Order (l) Liquid whites, except whites that of an approved metal construction and Pursuant to the provisions of the Agri­ are to be stabilized and dried—55° P. or lower. shall be no coarser than the opening size cultural Marketing Agreement Act of specified for No. 10 mesh (U.S. Bureau of 1937, as amended (7 U.S.C. 601 et seq.), v whites that are to be stabi- Standards). Sifters shall be so con­ and the applicable rules of practice and nzed by removal of glucose and dried— structed that accumulations of large par­ P. or lower. procedure governing the formulation of ticles or lumps of dried eggs can be re­ marketing agreements and marketing

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11670 PROPOSED RULE MAKING orders (7 CFR Part 900), notice is hereby quirements are patterned after the U.S. in effect would not be subject to effec­ given of the filing with the Hearing Public Health Ordinance and Code. tive price regulation. The absence of Clerk of this recommended decision with The present marketing area does not effective classification, pricing and pool­ respect to proposed amendments to the - constitute the proper marketing area un­ ing of such milk would disrupt orderly tentative marketing agreement and or­ der current marketing conditions. The marketing conditions within the regu­ der regulating the handling of milk in 10-county area herein proposed as the lated marketing area and could lead to a the Southeastern Florida marketing marketing area represents more appro­ complete breakdown of the order. If a area. Interested parties may file writ­ priately the sales area of the handlers pool handler were free to value a portion ten exceptions to this decision with the now regulated by the Southeastern Flor­ of his milk at any price he chooses, it Hearing Clerk, U.S. Department of Agri­ ida order than the present 4-county area. would be impossible to enforce uniform culture, Washington, D.C. 20250, by the The total Class I distribution in Glades, prices to all fully regulated handlers or 15th day after publication of this de­ Hendry, and Okeechobee Counties is by a uniform basis of payment to the pro­ ducers who supply the market. cision in the F ederal R eg ister. The ex­ handlers presently regulated by the ceptions should be filed in quadrupli­ Southeastern Florida order. Martin, It is essential, therefore, that the order cate. All written submissions made pur­ Indian River, and St. Lucie Counties are price all the producer milk received at a supplied from the plants of Southeastern pool plant regardless of the point of dis­ suant to this.notice will be made available position. Further, the level of class price for public inspection at the office of the Florida handlers and a presently unreg­ Hearing Clerk during regular business ulated plant in Indian River County. should be identical on Class I sales inside and outside the marketing area. hours (7 CFR 1.27(b)). The latter plant, in addition to its Class I distribution in these three counties, has The essentials of the classified pricing Preliminary statement. The hearing plan for the Southeastern Florida order, on the record of which the proposed a minor amount of Class I sales in Bre­ vard County, immediately to the north of and generally applicable to all Federal amendments, as hereinafter set forth, to orders issued by the Secretary, are to the tentative marketing agreement and Indian River County. establish one level of price to be paid by to the order as amended, were formu­ The operator of the plant in Indian handlers for milk which is sold as milk lated, was conducted at Fort Lauder­ River County obtains milk from four or specified milk products for fluid con­ dale, Fla., on March 3-4, 1966, pursuant dairy farmers, all of whom are IDFA sumption and other prices for the neces­ to notice thereof which was issued Feb­ members. Settlement with the cooper­ sary surplus of the market which is dis­ ruary 10, 1966 (31 F H 2730). ative for these purchases is on the basis posed of in lower valued fluid products The material issues on the record of of Southeastern Florida order class and in manufactured products. the hearing relate to: prices. The operator of this plant indi­ It is necessary that the class prices 1. Expansion of the marketing area. cated no opposition to the proposed ex­ effective under the Southeastern Florida 2. Class prices. pansion of the marketing area. order be established at levels which will 3. Buftterfat differentials. The present Class I distribution in the bring forth a sufficient supply to meet 4. Location differentials. six counties proposed to be added to the the demands of milk for the particular 5. Classification. marketing area is relatively small. How­ marketing area but not necessarily to 6. Enabling a cooperative to be the ever, their population is increasing at a fulfill the requirements of outside mar­ handler on bulk tank milk. much faster rate than that for the State kets. Nevertheless, handlers who are 7. Diversion of producer milk. as a whole. If these counties were ex­ regulated by virtue of their saies in the 8. Miscellaneous and c o n f o r m i n g cluded from the marketing area, an ex­ marketing area may have varying pro­ changes. panded population could provide an in­ portions of their sales outside the regu­ A portion (Class I price) of Issue 2 was centive for unregulated handlers to es­ lated area. This is a situation normally considered in a separate decision issued tablish routes in the area at the expense unavoidable even in the establishment of June 24, 1966 (31 F H . 8956). The re­ of the regulated Southeastern Florida a new marketing area. Sales areas of mainder of that issue and all other is­ handlers now supplying the market. regulated and unregulated handlers may sues at the hearing are considered in Such an unregulated handler, absent an overlap, and it would be rarely possible, this decision. order in the proposed area, would have if at all, to find a line of demarcation Findings and conclusions. The fol­ a competitive advantage over the regu­ around an entire marketing area such lowing findings and conclusions on the lated handlers who would be required to that no overlapping occurs. Other con­ material issues are based on evidence pay the minimum order class prices siderations in establishment of a mar­ presented at the hearing and the record based on their utilizations. keting area may also preclude inclusion thereof: The proposed 10-county marketing of all sales areas of fully regulated 1. Expansion of the marketing area. area is the basic sales area for the oper­ hSiiidilcrs. The Southeastern Florida marketing ator of the plant in Indian River County The problem of establishing a price to area, which now contains four counties and handlers presently regulated by the supply adequately the marketing area (Broward, Dade, Monroe, and Palm Southeastern Florida order. A number is thus affected by the activity of han­ Beach), should be expanded by adding of such handlers, however, do have some dlers in selling milk outside the regulated the counties of Glades, Hendry, Indian Class I distribution outside the newly area and in procuring milk for such sales. River, Martin, Okeechobee, and St. Lucie. designated marketing area. All pro­ There is no basis in this price determina­ The expanded marketing area comprises ducer milk received at regulated plants tion for discrimination between milk sold a contiguous area in which routes of milk must be made subject to classified pric­ inside and outside the marketing area. handlers doing business in the area are ing under the order regardless of whether The milk sold outside by a regulated interspersed. it is disposed of within or outside the plant is processed in the same plant and The marketing area expansion was marketing area. Otherwise, the effect is produced under similar conditions as proposed by Independent Dairy Farm­ of the order would be nullified and the milk sçld in the marketing area. Thus, ers’ Association (IDFA), the principal orderly marketing process would be the milk moving through the regulated cooperative in the Southeastern Florida jeopardized. handler’s plant, whether it is sold inodes market. It was supported at the hear­ If only a pool handler’s “in-area” sales or outside the marketing area, is part of ing by the major handlers in the market. were subject to classification, pricing and the same supply and demand situation There was no opposition to the addition pooling, a regulated handler with Class I nnnn xirHir'h nrhnpr nrifift level determ m a- of the six counties to the marketing area. sales both inside and outside the market­ tion must be made. The handling of milk in the proposed ing area could assign any value he chose If the price to farmers were higher marketing area is in the current of in­ to his outside sales. He thereby could for milk sold inside than for milk sold terstate commerce and directly burdens, reduce the average cost of all his Class I outside the marketing area, returns for obstructs, or affects interstate commerce milk below that of other regulated han­ disposition in the area would be bearing in milk and its products. The minimum dlers having all, or substantially all, of the greater burden of providing the in­ sanitary requirements applicable to their Class I sales within the marketing centive for milk production for both, fo Grade A milk throughout the area are area. Unless all milk of such a handler the extent such discrimination inpric- ing at the procurement level is reflecte those of the State of Florida, which re­ were fully regulated under the order, he

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 PROPOSED RULE MAKING 11671 in higher prices to consumers inside than formula will tend to obtain a Class n give consideration to the current pro­ outside the marketing area, consumers price in close alignment with the cost curement and distribution practices of in the marketing area will be subsidiz­ of these alternative supplies. handlers in the proposed enlarged mar­ ing consumers outside the marketing Negligible quantities of milk for Class keting area. The current location dif­ area. H I uses are produced in Southeastern ferentials have not been changed since Further, it is not intended that Fed­ Florida where handlers depend primarily the order was promulgated in 1957. eral regulation be susceptible of manipu­ on shipments of products in manufac­ The Class I and uniform prices are lation to permit the use of adjacent out­ tured form for their Class III require­ now reduced 13 cents for milk received side markets as a dumping ground for ments. On these manufactured prod­ at plants from 60 to 70 miles from Boca milk in excess of a market’s needs. The ucts, they incur transportation charges, Raton and by an additional 1.5 cents for fixing of a lower price for milk sold in although at relatively low rates in terms ¡each 10 miles or fraction thereof at o^her markets could have a depressing of dollars per hundredweight of milk plants beyond 70 miles. As proposed effect on the price paid farmers by un­ equivalent. herein, the U.S. Post Office at West Palm regulated distributors in such markets. The proposed Class III formula will Beach would replace Boca Raton’s Post Such action would tend to lower blended tend to obtain a price at which handlers Office as the point from which location returns to dairy farmers supplying the will accept and market the limited quan­ differential mileages are determined. unregulated handlers. tities of milk in excess of Class I and The 13-cent initial rate would be re­ 2(b). Class II and Class III prices. Class II needs that may arise from time tained but would be applicable at points The Class n price should be established to time. On the other hand, the pro­ 80 to 90 miles from the basing point in­ by adding $1, and the Class III price by posed formula will not tend to obtain a stead of 60 to 70 miles as now provided. adding 15 cents, to the basic formula level of price that would encourage han­ The 1.5-cent rate for each 10 miles be­ price (Minnesota-Wisconsin manufac­ dlers to seek milk supplies solely for the yond the initial 13-cent rate would be turing milk price). purpose of converting them into Class continued. The Southeastern Florida Class II and HI products. The changes herein provided are the Class in prices are now determined by 3. Butterfat differentials. Provisions same as those proposed by producers, separate formulas, both based on the for a specified butterfat differential for with one exception. Producers pro­ market prices of butter and nonfat dry each class and a weighted producer posed that the initial location differential milk. For the 24 months ending Decem­ butterfat differential, the same as in the rate be 10 cents instead of 13 cents. ber 1965, the Class II price herein pro­ Tampa Bay order, should be incorporated West Palm Beach is 26 miles north of posed would have averaged $4,225; the into this order. Boca Raton and 64 miles north of Miami, average Southeastern Florida Class n The Southeastern Florida order pres­ the largest city in the marketing area. price in this period was $4.18. In the ently makes no provision for a separate Using West Palm Beach instead of Boca butterfat differential for each class of Raton as the basing point will result in same 2-year period, the proposed Class no location adjustment at plants within III price averaged $3,375; the effective milk. The only butterfat differential specified in the order is the 7.5-cent approximately 106 miles of Boca Raton Class m price was $3.29. instead of within 60 miles as at present. The revised Class n and in formulas differential applicable to the uniform price in paying producers. This will generally reduce the location were proposed by producers and sup­ differential 6 to 7.5 cents at the various ported by the major handlers in the mar­ The Southeastern Florida producers’ proposal that the Tampa Bay butterfat locations from which milk might be ket. There was no opposition to the pro­ shipped to the marketing area. posals. differential provisions be adopted in the order was supported by handlers at the The location differential is now ap­ The Minnesota-Wisconsin price series plicable at only one pool plant, in Mar­ reflects the value of ungraded milk used hearing. As proposed, the Class I and Class n tin County. The relatively small quan­ in the production of a wide variety of tity of producer milk received at this manufactured dairy products in the ma­ butterfat differentials would be estab­ lished at 7.5 cents for each one-tenth of plant is obtained through IDFA. Al­ jor milk production areas of the United though a 13-cent differential is appli­ States. As such, it is a more Appropri­ 1 percent variation in butterfat above or below 3.5 percent. The Class in and cable to the Class I price at this loca­ ate basis for establishing Class II and Class IV butterfat differentials would be tion, the handler pays the cooperative Class m prices than the market prices determined by multiplying the Chicago the same Class I price that would be for butter and nonfat dry milk. It is applicable if no location adjustment now used in establishing class prices butter price by 0.115. The 7.5-cent differential on Class I applied. other than Class I in 33 Federal orders. and Class n milk is, in effect, the same If the location differential provisions Utilizing it in the Southeastern Florida differential that is now applicable to all were not changed, the plant (which order will tend to obtain a Class n and milk classified under the order. There would become a pool plant by expansion Class m price level consistent with that was no support for any other Class I or of the marketing area) in Indian River prevailing in other markets and will in­ Class n differential. County would be eligible for a location sure an equitable return to producers The Class HI and Class IV butterfat differential credit of 17.5 cents. How­ for Class n and Class III milk. differential of 11.5 percent of the ever, the actual price paid by the opera­ The proposed Class II and Class III Chicago butter price will vary from tor of the plant, who is now unregu­ price formulas are the same as those in month to month as the price of butter lated, is the same as the Southeastern the Tampa Bay order. Southeastern varies, thereby facilitating the movement Florida Class I price without the appli­ Florida and Tampa Bay handlers have of butterfat in the reserve supply of cation of any location differential. His substantial overlapping in ,both their milk to manufacturing outlets. The producer milk supply is obtained supply and sales areas. Providing for Class III and Class IV butterfat differ­ through IDFA. the same Class II and Class III prices in ential, because it is based on current Location differentials applicable at the these markets will contribute to orderly month prices, will not be announced until various plants should reflect the effi­ marketing in these areas where the han­ after the end of the month. ciency resulting from technological dlers regulated by these two orders com­ The butterfat differential to producers changes in the marketing of milk in re­ pete for supplies and sales. would be calculated on the average of cent years. The rates proposed herein When local supplies are »short, han­ the Class I, Class II, Class III, and Class to both handlers and producers more dlers, obtain concentrated dairy products IV butterfat differentials weighted by appropriately reflect the cost of effi­ from other sources for further process­ the proportion of butterfat in producer ciently moving milk in the Southeastern ing into Class n products in their plants. milk classified in each class during the Florida market under present economic The cost of such supplies are affected by month. Returns to producers will thus conditions than do the location differen­ transportation over long distances. reflect the actual value of their butter­ tials incorporated into the order in 1957. Local producer milk supplies used in fat at the class prices provided by the Technological improvements such as Class II compete directly with these con­ order. better roads and larger tank trucks have centrated products delivered to South­ 4. Location differentials. The loca­ tended to reduce unit hauling costs for eastern Florida. The proposed Class II tion differentials should be revised to both producers and handlers. The pro-

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11672 PROPOSED RULE MAKING posed location differentials are in line and butterfat disposed in the form of products utilized by the, handler in his with the hauling charges currently in Class n products. They asserted that operation (except producer milk and effect. The rates now charged by a ma­ Florida statute requires that Class II fluid milk products and Class n products jor hauler in the area for a distance of products be made from Grade A milk. from pool plants and in inventory at 925 miles is $1.22 per hundredweight in In practice, however, regulatory author­ the beginning of the month),‘(b) all 5,300 gallon tankers and $1.40 per hun­ ities permit the use of milk products manufactured dairy products from any dredweight in 4,300 gallon tankers. The other than Grade A fluid milk products source (including those produced in the location differential rate proposed in this in the preparation of Class II products. plant) which are reprocessed or con­ decision would result in a location ad­ Historically, Class H products have verted into another product during the justment of $1.29 for a plant 925 miles been included in a separate classification month, and (c) any disappearance of from Miami, the principal city in the in Florida and priced significantly below nonfluid milk products in a form in which marketing area. the Class I price. This has been the they may be converted into Class I prod­ It is not intended that the Class I price case not only in the Southeastern Flor­ ucts and which are not otherwise ac­ should be dependent on the type of plant ida order since its inception but also counted for under the order.' receiving the milk. Transportation costs under the Florida Milk Commission’s So that he may verify the actual utili­ are involved whether supplemental sup­ regulations. The Tampa Bay order, zation of milk received from producers, plies of milk are moved in tank trucks which became effective at the beginning the market administrator must be in a- from faraway plants to the marketing of this year, also provides a separate position to reconcile all receipts of milk area or whether packaged fluid milk classification for Class II products. and, dairy products with the disposition products from processing plants at rela­ No change has taken place in the ap­ records of the plant. If such records tively closer locations are distributed.on plication of the State statute to require cannot be reconciled, the handler must routes in the marketing area., any different classification of Class II be held responsible for the shrinkage or There was no opposition to replacing products in the Southeastern Florida the overrun which occurs as the result of Boca Raton with West Palm Beach as order than what has been effective in the discrepancy between the records of the point for measuring location differ­ the order since its inception or what has receipts and disposition. Otherwise, the ential mileages. West Palm Beach is been historically the practice in all Flor­ handler with improper records would be one of the larger cities in the market­ ida markets. The producer proposal to in a position to gain an advantage over ing area and is more centrally located include Class II products in the Class I his competitors who properly account for with respect to the enlarged marketing classification is therefore denied. all milk and other dairy products re­ area. As such, it is a more practicable (b) Both producers and handlers pro­ceived. It is equally necessary that the basing point for determining location posed that the present method of classi­ handler be required to account for all differentials under current marketing fying in Class II all skim milk and nonfluid dairy products in a form in conditions in the Southeastern Florida butterfat “used to produce”. Class II which they can be converted into Class I marketing area than is Boca Raton. products be changed. In its place, they products. Otherwise, a handler, by fail­ propose that the Class II classification ing to keep records of nonfat dry milk The producer proposal to reduce from and similar products which can be re­ 13 to 10 cents the initial location differ­ be based on the skim milk and butterfat actually disposed of by a handler in the constituted into skim milk or other fluid ential adjustment is denied. The 13- milk products, similarly would gain a cent rate more nearly approximates the form of Class H products. At the pres­ ent time, the skim milk and butterfat competitive advantage over other han­ cost of hauling milk the 80 to 90 miles dlers in the market. represented by the initial adjustment. used to produce a Class II product (e.g., cream) is classified as Class H even (c) The shrinkage provisions should The proposed location differential at be revised to recognize current methods plants more than 90 miles from West though the ultimate disposition of such product may be in a Class III classifica­ of handling milk in the market and to Palm Beach is an additional 1.5 cents provide equitable division of shrinkage for each 10 miles beyond 90. The 1.5- tion, such as ice cream or butter. The method herein proposed for estab­ among handlers. cent rate applied to the midpoint (85 A handier should be permitted a Class miles) of the 80-90-mile range is 12.75 lishing the Class n classification at a plant, on the basis of the actual disposi­ III classification as shrinkage on quanti­ cents. It was not shown that there is ties of skim milk and butterfat that are any justification in this market for ap­ tion of the Class II product by the not in excess of 2 percent of producer plying a location adjustment at a lower handler, is the same as that provided milk (except that diverted to a nonpool rate for the initial 80 to 90 miles than in the Tampa Bay order. Its adoption plant), plus 1.5 percent of bulk fluid for distances beyond 90 miles. in the Southeastern Florida order pro­ milk products received from (1) other The Southeastern Florida marketing vides a more equitable and appropriate pool plants, and (2) other order plants area extends to the southernmost tip basis for establishing a handler’s Class II and unregulated supply plants (exclu­ of the State. There are no plants in classification. sive of the quantity for which a Class the proposed expanded marketing area The changed basis for establishing the II or Class III utilization is requested by to which a location diff erential as herein classification of skim milk and butterfat the handler), and less 1.5 percent of bulk provided would be applicable. It would used to produce Class II products re­ fluid milk products transferred to other be appropriate, therefore, to specify that quires various revisions in the order. plants. Shrinkage assignable to any re­ the location differentials be applicable These are necessary since a handler maining receipts of other source milk only at plants north of West Palm must not only account for the Class H would continue to be allowed a Class III Beach, the basing point for determining products produced in his plant but also classification without limit. such differentials. must establish his actual disposition and The prder now provides a Class m The location differential rates herein month-end inventories of such products. shrinkage up to 2 percent of producer provided are economically sound and are The necessary changes in this regard receipts and receipts of milk and skim representative of the cost of transport­ are provided in the attached order. milk in bulk from other order plants and ing milk to market by efficient means. In order to implement the changed unregulated supply plants (exclusive of They are comparable with those con­ basis for establishing the classification of the quantity for which a Class H or Class tained in other Federal milk orders, in­ Class II products on the basis of their m utilization is requested by the han­ cluding the adjoining Tampa Bay order. disposition, a revised “other source milk” dler) . NO provision is now made for the Moreover, their compatability with lo­ definition is necessary. Such a defini­ division of the shrinkage allowance on cation differential rates in the Tampa tion, as proposed by producers and interhandler movements of fluid milk Bay order will insure a reasonable align­ handlers, is the same as that provided produc ts ment of prices between the two orders in the Tampa Bay order and is equally The .shrinkage provisions herein Pr0" at the various locations in which han­ appropriate under this order. vided, which were proposed by produc­ dlers under the Southeastern Florida As proposed and adopted herein, other ers, are patterned after those in tn and Tampa Bay orders compete. source milk would include all skim milk Tampa Bay order and are contained i 5. Classification, (a) Producers pro­ and butterfat contained in or represented the great majority of Federal orders. posed including in Glass I the skim milk by (a) fluid milk products and Class n There was no opposition at the hearing

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 PROPOSED RULE MAKING 11673 to the adoption of the proposed shrink­ manner of handling inventories is iden­ (f) The order now provides a Class IV age provisions. tical with that provided in the Tampa classification for that milk, the skim milk Plants which are operated in a rea­ Bay order. In urging its adoption, han­ portion of which is disposed of for live­ sonably efficient manner and for which dlers stressed the desirability of having stock feed or dumped. The order does accurate records of receipts and utiliza­ inventories handled in this same manner not, however, make any provision for the tion are maintained should not have in these adjacent orders. reclassification from Class I and Class plant losses in excess of the maximums Producers proposed that ending in­ II to a lower-priced class of fluid milk provided. Any shrinkage in excess of ventories be classified in Class I and that products (other than milk) and Class II the maxim um s should be classified as the differences between the Class I prices products, respectively, that are disposed Class I milk. This is reasonable and in each month be taken into account . of for livestock feed or dumped. necessary to effectuate equitably the when pricing inventories classified in Handlers proposed that (except as now classified pricing plan. Class I in the following month. As out­ provided in the Class IV classification) It is appropriate to limit the volume lined at the hearing, it was not shown skim milk and butterfat in fluid milk of unregulated supply plant milk and that application of the order would be products and Class II products dumped other order milk that may be classified in facilitated or that producers would real­ or disposed of by a handler for livestock Class in as shrinkage since these types ize any significant advantage by clas­ feed be classified in Class m. of receipts are allocated pro rata to class sifying inventories in Class I. Class III outlets often represent not uses with the receipts from pool plants The fluid milk products and Class n only an efficient, but also at times the and producers. No specific shrinkage products contained in inventory and only,, means of disposing of surplus milk limit is necessary on unregulated or classified in Class II might be used in the and spoiled fluid milk products and Class other order milk that does not share a following month in a Class I, Class n, or n products. In the case of route returns pro rata assignment and thus is allo­ Class HI classification. On any such in­ Of such products as homogenized milk cated to Class m uses. The allocation ventory used in Class I in the following and chocolate milk, it is difficult and im­ procedures assure assignment of such month, handlers must pay the difference practical to salvage the butterfat for milk to Class m in an amount at least between the applicable Class I price in further use. Such butterfat, which is not equal to the shrinkage that may be asso­ the month it was utilized and the Class salvable, should be classified as Class III ciated with it'. n price at which it was priced in the when dumped or disposed of for livestock As provided in this decision, a coopera­ preceding month. Under the three-clas­ feed under the conditions in which a tive is required to be the handler for sification system in the Southeastern Class IV classification would not be ap­ milk of its member-producers if delivered Florida order, this method of handling plicable. It is equally appropriate that from the farm to the pool plant in a tank inventories will tend to work out more the skim milk in fluid milk products and truck owned and operated by or under practicably and equitably than classify­ Class II products dumped or disposed of contract to such cooperative. When a ing closing inventories in Class I in the for livestock feed be classified in Class cooperative is the handler under such manner proposed by producers. The III when its disposition does not meet conditions, the operator of the pool plant the conditions for a Class TV classifica­ receiving this bulk tank milk directly producer proposal, therefore, is denied. (e) The order should specify that skimtion. from the farm would settle with the pool milk and butterfat used to produce milk­ A Class III classification of the skim and the cooperative for such milk in the same manner as a receipt from producers. shake mix be classified in Class HI. milk and butterfat in fluid milk products and Class n products under the condi­ However, the full two percent allowance Including milkshake mix in Class III for shrinkage would be permitted the was proposed by a regulated handler who tions herein proposed is comparable with handler only if he is purchasing the milk recently began producing and distribut­ that provided in Tampa Bay and other on the basis of farm weights and the ing this product. Because the order does Federal milk orders. market administrator has been so noti­ not now specify another classification for 6. Enabling a cooperative to be a han­ fied. Otherwise, the maximum shrink­ milkshake mix, it is currently classified dler on farm tank milk. A cooperative age in Class III allowed the handler on in Class I. association should be required to be a such milk would be 1.5 percent and the Milkshake mix is a product more handler for milk delivered from the farm cooperative would be responsible for any nearly comparable to ice cream mix, a to a pool plant in a tank truck owned difference between the gross weight of Class III product, than to flavored milk and operated by or under contract to producer milk received in a tank truck or any other Class I product. The in­ such association. at the farm and that delivered to pool gredients used in its manufacture are Currently, the operator of the plant plants. This procedure, which is fol­ butterfat, nonfat dry milk, sugar, flavor­ receiving milk from producers must ac­ lowed in a number of Federal orders, ing and stabilizer. The total solids in the count for such milk and pay the produc­ provides a reasonable basis for the al­ end product are in excess of 25 percent. ers. Once milk from a producer has location of shrinkage allowance in those There is no requirement that milkshake been commingled with milk from other instances wherein the cooperative is the mix be made from Grade A milk. It is producers in a tank truck, there is no responsible handler with respect to milk free from any regulation by local health further opportunity to measure, sample picked up at producers’ farms in bulk authorities other than as a food product. or reject the milk of any individual pro­ tank trucks. Milkshake mix is generally considered ducer whose milk is included in the load. (d) The skim milk and butterfat inin the same category as frozen dessert A similar situation prevails when the fluid milk products and in Class II prod­ and ice cream mixes. As such, it is clas­ milk of an individual producer is deliv­ ucts in inventory at the end of the month sified in the same class as such products ered in a tank truck to two or more should be classified in Class II. At the in a number of other Federal orders. plants. The operator of a pool plant to Present time, only the fluid milk products Milkshake mix is sold in Florida in com­ which bulk tank milk is delivered has an m inventory are classified in Class II. petition with soft frozen desserts, which opportunity only to determine the weight This is because the skim milk and butter- are readily available in retail food stores. and butterfat test of the total load. fat in Class II products were considered Ice cream manufacturers, who are not If a tank truck picking up milk at the as having been disposed of in the Class subject to order regulation and who han­ farm is operated under the supervision of i i classification when used to produce a dle no Grade A fluid milk products, may a cooperative association, it is the asso­ Class II product. As provided elsewhere and do market milkshake mix in the ciation that determines the weight and m this decision, the skim milk and but- marketing area. The regulated handler butterfat content of each producer’s terf at in Class II products would be clas­ is at a disadvantage in competing with sified in Class II only when disposed of these handlers when he is required to pay milk. Handlers have no control and hom the plant as a Class n product. the Class I price for skim milk and but­ generally take no part in determining the .~jls change makes it necessary to con­ terfat used in the production of the milk­ weights and butterfat tests of milk at i'0®?’ the month-end inventories of such shake mix. There was no opposition to the farm. In some instances, handlers Products in determining the classifica­ classifying milkshake mix in Class III may not even know from which farms the tion of milk handled at that plant. This in the Southeastern Florida order. milkisshipped.

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11674 PROPOSED RULE MAKING

The milk delivered by the cooperative ciated with the market will be diverted handlers. The most significant changes as a bulk tank handler would be consid­ and only when it is not needed in the in this regard are those providing for ered as a receipt of producer milk by the Southeastern Florida market for Class I reports to the market administrator by operator of the pool plant at which it purposes. pool plant operators and cooperatives in was physically received. The pool plant On a monthly basis, Southeastern those instances in which the cooperative operator’s obligation for-such milk to the Florida producers do not produce large elects to be the handler on farm tank producer-settlement fund, to the admin­ quantities of milk in excess of the mar­ milk. These reporting provisions are istration fund and to the cooperative ket’s fluid requirements. Diversion pro­ commonly provided in Federal orders in would be the same as for producer milk visions are for the purpose of enabling which a cooperative may be the handler received directly from the farm of an in­ handlers and cooperatives to divert pro­ on farm tank milk. They are equally dividual producer. ducer milk on such occasions as week­ appropriate and necessary under this In some instances, as discussed earlier ends and holidays, when it is not needed order. in this decision, differences between the in the market for Class I purposes. The Another change would require reports quantities of producer milk deter­ limitations herein proposed will be suffi­ by cooperatives and handlers to the mar­ mined at the farm and ascertained as cient to accommodate diversion under ket administrator of milk diverted to physically received by the operator of current marketing conditions and will nonpool plants. Such information is the pool plant would be considered a re­ facilitate the orderly disposition of pro­ necessary in determining whether the ceipt of producer milk by the cooperative ducer milk. milk moved from dairy farms regularly at the location of the pool plant. For It is important that only milk gen­ supplying the market to nonpool plants such differences, the cooperative (in­ uinely associated with the market should may be included in the pool. stead of the pool plant operator) would be eligible for diversion to nonpool (c) Elsewhere in this decision, pro­ be required to settle with the producer- plants. The order now provides such a vision is made for replacing Boca Raton settlement and administration funds. safeguard. At least 8 days’ production with West Palm Beach as a point from Requiring a cooperative to be a han­ of a dairy farmer must be physically which location differential mileages are dler on its member-producers’ bulk tank received at a pool plant during either determined. It it likewise appropriate, milk as herein provided will afford a the current or preceding month to qual­ therefore, to replace Boca Raton with practicable basis of accounting for such ify him as a producer. A dairy farmer West Palm Beach as a point from which milk. In addition, it will provide flexi­ shipping on an every-other-day basis the surplus disposal area under the bility to a cooperative’s operations in al­ would, under this standard, be required transfer provisions of the order would locating its members’ bulk tank milk to ship only 4 days. be based. Accordingly, a classification among handlers and facilitate the diver­ Milk diverted to nonpool plants in other than Class I or Class H would, sion of such milk to nonpool plants by excess of the limitation provided would under certain conditions, be permitted the cooperative when it is not needed at not be considered producer milk. Hence, on fluid milk products or Class H prod­ regulated plants. eligibility for pricing and pooling under ucts transferred or diverted from a pool the order would be forfeited on a quan­ plant to nonpool plants within 500 miles 7. Diversion of producer milk. Diver­tity of milk equal to such excess. In sion of producer milk by a cooperative of West Palm Beach (instead of Boca such instances, the diverting handler Raton as is now provided). to a nonpool plant should be limited to would specify which milk is ineligible as 25 percent of the milk physically received producer milk. If the handler fails to (a) A dairy farmer who has shipped from its producer-members at pool make such designation, thereby making less than 8 days’ production dinring the plants during the month. Similarly, it infeasible for the market administra­ month to a pool plant does not qualify as milk diverted by the operator of a pool tor to determine which milk was over­ a producer under the Southeastern plant for his account would be limited to diverted, all milk diverted to nonpool Florida order. Hence, such milk received 25 percent of the quantity of producer plants by such handler would be made at a pool plant is not producer milk and milk physically received at his plant dur­ ineligible as producer milk. may not be pooled. Instead, it is con­ ing the month. Unlimited diversion of A high proportion of milk produced sidered the receipt of other source milk producer milk is now permitted under the for the Southeastern Florida market is at the pool plant. Under the present order. utilized for Class I purposes. Hence, it allocation provisions, such milk is sub­ The proposed diversion provisions are is not likely that it will be necessary to tracted from a handler’s utilization in the same as those in the Tampa Bay divert producer milk to nonpool plants series beginning with Class IV in the order. They were proposed for inclusion for extended periods or that such milk same manner as are receipts of ungraded in the Southeastern Florida order by will move great distances from the mar­ fluid milk products. On any of such IDFA, the principal cooperative under ket.' To facilitate the pricing of such milk allocated to Class I, the handler both orders. There was no opposition to milk, therefore, it is appropriate to con­ must pay the difference between the the inclusion of the proposed diversion sider it as having been received at the Class I and Class m price. provisions in the order. plant from which diverted for the pur­ Receipts at a pool plant from a dairy Milk from the farms of producers pose of applying location pricing under farmer who fails to qualify as a pro­ shipping regularly to Southeastern Flor­ the order. ducer are now treated differently than ida pool plants may on occasion be 8. Miscellaneous and conformingif first received at an unregulated plant shipped to Tampa Bay pool plants. It changes. The entire order should be re­ and then moved to a pool plant. Under would be inappropriate to consider such drafted to incorporate conforming and the conditions in the Southeastern Flor­ milk received at a Tampa Bay plant as clarifying changes and to facilitate ap­ ida order, it is more appropriate that producer milk under the Southeastern plication of its various provisions. such milk be treated the same as milk Florida order. Such milk’s eligibility (a) Producers proposed that various received at a pool plant from unregulated under a Federal order would more ap­ terms be explicitly defined in the order. supply plants. In this manner, such milk propriately be determined at the Federal The definitions added pursuant to the would be allocated pro rata to a handler’s order plant where actually received. In producer proposal, and to which there overall utilization to the extent that not fact, if the Southeastern Florida order was no opposition, are commonly pro­ less than 80 percent of regulated milk at permitted the diversion of producer milk vided in Federal orders. The definitions the handler’s plants would be assigned to to other order plants, it could result in for “distributing plant,” “supply plant,” Class L All additional unregulated milk the pricing and pooling of the same milk “fluid milk product,” and “Class n prod­ would then be allocated in series b e g i n - under two orders. uct” incorporated into the attached order ing with Class IV. Any dairy farmer When milk is not needed in the market are similar to those in the Tampa Bay milk allocated to Class I would be subject for Class I purposes, the movement of order. Their inclusion in the South­ to a payment to the pool of the difference such milk to a nonpool plant should be eastern Florida order will be helpful in between the Class I and uniform price. facilitated. It is necessary, however, to the administration of the order. (e) The order should provide that a provide reasonable limitations on the (b) The changes in the reporting pro­ lairy farmer may deliver milk to a non- amount of milk which may be diverted visions in the attached order were pro­ d o o I plant during the month without so that only that milk genuinely asso­ posed by producers and supported by losing his producer status. This was

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 PROPOSED RULE MAKING 11675

Act are not reasonable in view of the Min im u m Prices temporarily achieved by a suspension ac­ Sec. tion effective April 9,1966 (31 F.R. 5611). price of feeds, available supplies of feeds, 1013.50 Basic formula price. Prior to that time, any such delivery to and other economic conditions which af­ 1013.51 Class prices. a nonpool plant (except by diversion) fect market supply and demand for milk 1013.52 Butterfat differentials to handlers. caused a dairy fanner to lose his pro­ in the marketing area, and the minimum 1013.53 Location adjustments to handlers. ducer status for the month. prices specified in the proposed market­ 1013.54 Use of equivalent prices. Until January 1, 1966, Southeastern ing agreement and the order, as hereby Application of Provisions Florida producer milk could be diverted proposed to be amended, are such prices as will reflect the aforesaid factors, insure 1013.60 Producer-handler. to the unregulated Tampa Bay area 1013.61 Plants, where other Federal orders plants without losing its producer milk a sufficient quantity of pure and whole­ may apply. status. This is because the milk so some milk, and be in the public interest; 1013.62 Obligations of handler operating a moved was considered as producer milk and partially regulated distributing diverted to a nonpool plant. The status (c) The tentative marketing agree­ plant. of such milk received at Tampa Bay area ment and the order, as hereby proposed 1013.63 Person producing milk. plants changed when the Tampa Bay to be amended, will regulate the handling Determination of Uniform Prices order became effective January 1, 1966. of milk in the same manner as, and will to P roducers be applicable only to persons in the re­ Such milk no longer qualifies for diver­ 1013.70 Computation of the net pool obli­ sion under the Southeastern Florida spective classes of industrial and com­ gation of each pool handler. order because the order does not permit mercial activity specified in, a marketing 1013.71 Computation of uniform price. diversion to an other order plant. Thus, agreement upon which a hearing has 1013.72 Butterfat differential to producers. any such milk delivered by a dairy farmer been held. 1013.73 Location differentials to producers to Tampa Bay pool plants is considered Recommended marketing agreement and on nonpool milk. producer milk under the Tampa Bay 1013.74 Notification of handlers. and order amending the order. The fol­ order and is priced and pooled under that P aym ents lowing order amending the order as order. The provision under considera­ 1013.80 Time and method of payment for tion, however, precludes milk delivered amended regulating the handling of milk producer milk. during the same month to a Southeastern in the Southeastern Florida marketing 1013.81 Producer-settlement fund. Florida pool plant by the same dairy area is recommended as the detailed and 1013.82 Payments to the producer-settle­ farmer from being producer milk under appropriate means by which the fore­ ment fund. the Southeastern. Florida order. 1013.83 Payments out of the producer- IDFA is the principal cooperative in going conclusions may be carried out. settlement fund. both the Southeastern Florida and The recommended marketing agreement 1013.84 Adjustment of accounts. 1013.85 Marketing services. Tampa Bay orders. The marketing of is not included in this decision because 1013.86 Expense of administration. its members’ milk is facilitated when it the regulatory provisions thereof would 1013.87 Termination of obligations. can move unneeded supplies in temporary be the same as those contained in the periods of shortage in the Tampa Bay Effective T im e , S uspen sion or T ermination order, as hereby proposed to be amended: market from the farms of its producers 1013.100 Effective time. under the Southeastern Florida order. Defin itio n s 1013.101 Suspension or termination. The removal of the provision in the Sec. 1013.102 Continuing obligations. Southeastern Florida order that causes 1013.1 Act. 1013.103 Liquidation. 1013.2 Secretary. a dairy f armer to lose his producer status Miscellaneous Provisions under that order by a delivery to a non­ 1013.3 Department. 1013.4 Person. 1013.110 Agent. pool plant will contribute to the efficient 1013.5 Cooperative association. 1013.111 Separability of provisions. marketing of milk under the two orders. 1013.6 Southeastern Florida marketing Rulings on proposed findings and con­ area. D efin itio n s clusions. Briefs and proposed findings 1013.7 Fluid milk product. § 1013.1 Act. and conclusions were filed on behalf of 1013.8 Distributing plant. certain interested parties. These briefs, 1013.9 Supply plant. “Act” means Public Act No. 10, 73d proposed findings and conclusions and 1013.10 Pool plant. Congress, as amended and as reenacted the evidence in the record were consid­ 1013.11 Nonpool plant. and amended by the Agricultural Mar­ 1013.12 Route. keting Agreement Act of 1937, as amend­ ered in making the findings and conclu­ 1013.13 Handler. sions set forth above. To the extent that 1013.14 Producer-handler. ed (7 U.S.C. 601 et seq.). the suggested findings and conclusions 1013.15 Producer. § 1013.2 Secretary. filed by interested parties are inconsist­ 1013.16 Producer milk. ent with the findings and conclusions set 1013.17 Other source milk. “Secretary” means the Secretary of forth herein, the requests to make such 1013.18 Chicago butter price. Agriculture or any officer or employee of findings or reach such conclusions are 1013.19 Class II product. the United States who is authorized to denied for the reasons previously stated 1013.2Ó Cream. exercise the powers and to perform the in this decision. Market Administrator duties of the said Secretary of Agricul­ ture. General findings. The findings and 1013.25 Designation. determinations hereinafter set forth are 1013.26 Powers. § 1013.3 Department. Duties. supplementary and in addition to the 1013.27 “Department” means the U.S. De­ findings and determinations previously R eports, R ecords and F acilities partment of Agriculture or such other made in connection with the issuance of Federal agency as is authorized to per­ the aforesaid order and of the previously 1013.30 Report of sources and utilization. 1013.31 Other reports. form the price reporting functions speci­ issued amendments thereto; and all of 1013.32 Records and facilities. fied in this part. said previous findings and determina­ 1013.33 Retention of records. tions are hereby ratified and affirmed, § 1013.4 Person. Classification of Mil k except insofar as such findings and de­ “Person” means any individual, part­ terminations may be in conflict with the 1013.40 Skim milk and butterfat to be nership, corporation, association or any findings and determinations set forth classified. other business unit. herein. 1013.41 Classes of utilization. (a) The tentative marketing agree­ 1013.42 Shrinkage. 1013.5 Cooperative association. 1013.43 Responsibility of handlers and re­ ment and the order, as hereby proposed classification of milk. “Cooperative association” means any to be amended, and all of the terms and 1013.44 Transfers. cooperative association of producers conditions thereof, will tend to effectuate 1013.45 Computation of skim milk and which the Secretary determines, after the declared policy of the Act; butterfat in each class. (b) The parity prices of milk as de­ 1013.46 Allocation of skim milk and but­ application by the association: (a) To termined pursuant to section 2 of the terfat classified. be qualified under the provisions of the

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 No. 172------6 11676 PROPOSED RULE MAKING act of Congress of February 19, 1922, as partition) from the handling of producer receives no milk except from his own amended, known as the “Capper-Vol- milk. dairy farm, and receives no products stead Act”; (b) to have full authority § 1013.11 Nonpool plant. designated as Class I milk pursuant to in the sale of milk of its members and § 1013.41(a) from pool plants or other to be engaged in making collective sales “Nonpool plant” means any milk re­ sources. ceiving, manufacturing or processing of or marketing milk or its products for § 1013.15 Producer. its members; and (c) to have its entire plant other than a pool plant. The fol­ activities under the control of its mem­ lowing categories of nonpool plants are “Producer” means any person, except bers. further defined as follows: a producer-handler as defined in any (a) “Other order plant” means a plant order (including this part) issued pur­ § 1013.6 Southeastern Florida market­ that is fully subject to the pricing and suant to the Act, who produces milk (as ing area. pooling provisions of another order is­ described in § 1013.63) in compliance The “Southeastern Florida marketing sued pursuant to the Act. with the inspection requirements of a area,” hereinafter called the “marketing (b) “Producer-handler plant” means duly constituted health authority for area,” means all the territory geographi­ a plant operated by a producer-handler fluid consumption (as used in this sub­ cally within the boundaries of the fol­ as defined in any order (including this part, compliance with inspection require­ lowing counties, all in the State of Flor­ part) issued pursuant to the Act. ments shall include production of milk ida, including all Government reserva­ (c) “Partially regulated distributing acceptable to agencies of the U.S. Gov­ tions and incorporated municipalities plant” means a nonpool plant that is ernment located in the marketing area within this territory: neither an other order plant nor a pro­ for fluid consumption), and not less Broward. Martin. ducer-handler plant, from which skim than 8 days’ production of such person Dade. Monroe. milk and butterfat in the form of prod­ is physically received at a pool plant Glades. Okeechobee. ucts designated as Class I milk pursuant during the current month or was so re­ Hendry. Palm Beach. to § 1013.41(a) in consumer-type pack­ ceived during the preceding month. Indian River. St. Lucie. ages or dispenser units are distributed § 1013.16 Producer milk. § 1013.7 Fluid milk product. on routes in the marketing area during the month. “Producer milk” means the skim milk “Fluid milk product” means milk (in­ (d) “Unregulated supply plant” means and butterfat contained in milk: cluding frozen and concentrated milk), a nonpool plant that is neither an other (a) Received at a pool plant directly flavored milk or skim milk. “Fluid milk order plant nor a producer-handler plant from a producer or a handler pursuant product” shall not include sterilized from which skim milk and butterfat in to § 1013.13(d): Provided, That if the products in hermetically sealed con­ the form of products designated as Class milk received at a pool plant from a tainers or milkshake mix. I milk pursuant to § 1013.41(a) are moved handler pursuant to § 1013.13(d) is pur­ to a pool plant during the month. chased on a basis other than farm § 1013.8 Distributing plant. weights, the amount by which the total § 1013.12 Route. farm weights of such milk exceed the “Distributing plant” means a plant “Route” means any delivery to retail weights on which the pool plant’s pur­ that is approved by a duly constituted chases are based shall be producer milk health authority for the processing or or wholesale outlets (including delivery by a vendor, or a sale from or through received by the handler pursuant to packaging of Grade A milk and from § 1013.13(d) at the location of the pool which any fluid milk product is disposed a plant store, or by vending machine) of any product in a form designated as plant; or of during the month in the marketing (b) Diverted from a pool plant to a area on routes. Class I milk pursuant to § 1013.41(a), but does not include delivery to a milk nonpool plant that is neither an other § 1013.9 Supply plant. receiving or processing plant. order plant nor a producer-handler plant for the account of the pool plant opera­ “Supply plant” means a plant from § 1013.13 Handler. tor or a cooperative association, subject which a fluid milk product acceptable to “Handler” means: to the following: a duly constituted health authority is (a) Any person in his capacity as the (1) Milk so diverted for the account shipped during the month to a pool operator of one or more pool plants; of a handler operating a pool plant shall plant. (b) Any person in his capacity as the be deemed to have been received by the § 1013.10 Pool plant. operator of a partially regulated distrib­ handler at the pool plant from which uting plant; diverted and if diverted for the account “Pool plant” means a plant (except (c) Any cooperative association with of a cooperative association, shall be an other order plant or the plant of a respect to producer milk which it causes deemed to have been received by the producer-handler) that is specified in to be diverted from a pool plant to a cooperative association at the location of paragraph (a) or (b) of this section and nonpool plant for the account of such the pool plant from which diverted; which is not a facility described in para­ cooperative association; (2) If diverted from the pool plant of graph (c) of this section: (d) Any cooperative association with another handler for the account of a (a) A distributing plant from which respect to milk of its producer-members cooperative association, the aggregate not less than 50 percent of the total which is delivered from the farm to the quantity of milk of member producers Grade A fluid milk products received at pool plant of another handler in a tank of the cooperative association so diverted the plant during the month is disposed truck owned and operated by or under that exceeds 25 percent of the milk of on routes and not less than 10 percent contract to such cooperative association. physically received from such producers of such receipts is disposed of in the The milk for which a cooperative asso­ at pool plants during the month shall marketing area on routes. ciation is the handler pursuant to this not be deemed to have been received at (b) A supply plant from which not paragraph shall be deemed to have been a pool plant and shall not be producer less than 50 percent of the Grade A milk received at the location of the pool plant milk; received from dairy farmers at such to which it was delivered; (3) If diverted by a handler operating plant during the month is shipped as (e) Any person in his capacity as the a pool plant for his account, the aggre­ fluid milk products to pool plants pur­ operator of an other order plant that is gate quantity of producer milk so di­ suant to paragraph (a) of this section. either a distributing plant or a supply verted that exceeds 25 percent of the (c) Pool plant as defined in this sec­ plant; or aggregate quantity of milk physically tion shall not be deemed to include any (f) A producer-handler. received from producers at such plant building, premises, or facilities, the pri­ § 1013.14 Producer-handler. during the month shall not be deemed mary function of which is to hold or to have been received at a pool plant and store bottled milk or milk products in “Producer-handler” means any person shall not be producer milk; and finished form, nor shall it include any who, during the month: (a) Produces (4) The diverting handler shall des­ piart of a plant in which the operations milk; (b) distributes Class I milk on ignate the dairy farmers whose milk is are entirely separated (by wall or other routes in the marketing area; and (c) not producer milk pursuant to subpara-

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 PROPOSED RULE MAKING 11677 graphs (2) and (3) of this paragraph. § 1013.27 Duties. (1) The 5th day of each month the If the handler fails to make such desig­ Class I price and Class I butterfat dif­ The market administrator shall per­ ferential, both for the current month, nation, no milk diverted by him shall form all duties necessary to administer be producer milk. the terms and provisions of this part, and the Class II price, Class HI price, Class IV price, and the corresponding § 1013.17 Other source milk. including, but not limited to the follow­ butterfat differentials, all for the preced­ ing: “Other source milk” means the ing month; and (a) Within 45 days following the date (2) The 11th day of each month the ¡■¡vim milk and butterfat contained in or on which he enters upon his duties, or represented by: uniform price and the producer butter­ such lesser period as may be prescribed fat differential, both for the preceding (a) Fluid milk products and Class n by the Secretary, execute and deliver to products from any source except (1) month; the Secretary a bond, effective as of the (k) On or before the 12th day after producer milk, (2) fluid milk products date on which he enters upon his duties and Class II products from pool plants, and conditioned upon the faithful per­ the end of each month, report to each and (3) fluid milk products and Class cooperative association which so requests formance of such duties, in an amount the percentage of producer milk n products in inventory at the begin­ and with surety thereon satisfactory to ning of the month; delivered by members of such associa­ the Secretary; tion which was used in each class by (b) Products other than fluid milk (b) Employ and fix the compensation products and Class n products from each handler receiving such milk. For of such persons as may be necessary to the purpose of this report, the milk so any source (including those produced enable him to administer its terms and at the plant) which are reprocessed, received shall be prorated to each class provisions; in accordance with the total utilization converted into or combined with another (c) Obtain a bond in a reasonable product in the plant during the month; of producer milk by such handler; amount and with reasonable surety (l) Whenever required for purposes of and thereon covering each employee who (c) Any disappearance of nonfluid allocating receipts from other order products in a form in which they may be handles funds entrusted to the market plants pursuant to § 1013.46(a) (11) and converted into a Class I product and administrator; the corresponding step of § 1013.46(b), which are not otherwise accounted for (d) Pay out of the funds received pur­ the market administrator shall estimate pursuant to § 1013.32. suant to § 1013.86: and publicly announce the utilization (to (1) The cost of his bond and the the nearest whole percentage) in each § 1013.18 Chicago butler price. bonds of his employees; (2) His own compensation; and class during the month of skim milk and “Chicago butter price” means the butterfat, respectively, in producer milk simple average as computed by the mar­ (3) All other expenses, except those incurred under § 1013.85, necessarily of all handlers. Such estimate shall be ket administrator of the daily wholesale based upon the most current available selling prices (using the midpoint of any incurred by him in the maintenance and functioning of his office and in the per­ data and shall be final for such purpose; price range as one price) per pound of (m) Report to the market adminis­ 92-score bulk creamery butter at Chi­ formance of his duties; (e) Keep such books and records as trator of the other order, as soon as pos­ cago as reported for the month by the sible after the report of receipts and Department. will clearly reflect the transactions pro­ vided for in this part, and, upon request utilization for the month is received from § 1013.19 Class II product. by the Secretary, surrender the same to a handler who has received skim milk and butterfat in the form of milk prod­ “Glass II product” means cream, sour such other person as the Secretary may designate; ucts designated in § 1013.41(a) from an cream, half and half, buttermilk, aci­ other order plant, the classification to dophilus milk and chocolate drink. (f) Publicly disclose to handlers and producers, unless otherwise directed by which such receipts are allocated pursu­ § 1013.20 Cream. the Secretary, by posting in a conspic­ ant to § 1013.46 pursuant to such report, uous place in his office and by such other and thereafter any change in such allo­ “Cream” means the product obtained cation required to correct errors dis­ by the separation of skim milk from means as he deems appropriate, the name of any person who, within 2 days closed in verification of such report; and whole milk such that the butterfat con­ (n) Furnish to each handler operat­ tent of the remaining product exceeds after the date upon which he is required to perform such acts, has not made re­ ing a pool plant who has shipped skim 10 percent, and mixtures of such prod­ milk and butterfat in the form of milk ucts with milk and skim milk such that ports or made available records and facilities pursuant to §§ 1013.30 through products designated as Class I milk pur­ the average butterfat content exceeds suant to § 1013.41(a) to an other order 10 percent. 1013.32, or payments pursuant to §§ 1013.80 through 1013.86; plant, the classification to which such M arket Administrator (g) Furnish such information and skim milk and butterfat was allocated by verified reports as the Secretary may re­ the market administrator of the other § 1013.25 Designation. quest, and submit his books and records order on the basis of the report of the The agency for the administration of to examination by the Secretary at any receiving handler; and, as necessary, any this part shall be a “market administra­ and all times; changes in such classification arising in tor” selected by the Secretary. He shall (h) Verify all reports and payments the verification of such report. be entitled to such compensation as may of each handler, by audit of such R epo rts, R egords, and F a c ilities be determined by the Secretary and shall handler’s records and of the records of be subject to removal at his discretion. any other handler or person upon whose § 1013.30 Report of sources and utili­ utilization the classification of skim milk zation. § 1013.26 Powers. and butterfat for such handler depends; On or before the 7th day after the end The market administrator shall have and by such other means as are neces­ of each month, each handler, except a the following powers with respect to this sary ;- handler pursuant to § 1013.13 (e) or (f), part: (i) Prepare and make available for the shall report to the market administrator benefit of producers, consumers, and with respect to each plant at which milk (a) To administer its terms and handlers, general statistics and informa­ is received for such month, and for each Provisions; tion which do not reveal confidential accounting period in each month, in de­ (b) To make rules and regulations to information; tail and on forms prescribed by the mar­ effectuate its terms and provisions; (j) On or before the date specified, ket administrator, as follows: (c) To receive, Investigate, and re- . publicly announce by posting in a con­ (a) The quantities of skim milk and spicuous place in his office and by such butterfat contained in or represented by port to the Secretary complaints of receipts of: violations; and .other means as he deems appropriate, and mail to each handler at his last (1) Producer milk (or, in the case of (d) To recommend amendments to known address, a notice of each of the handlers pursuant to § 1013.13(b) Grade the Secretary. following: A milk received from dairy farmers);

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11678 PROPOSED RULE MAKING

(2) Fluid milk products and Class n verification of such reports by the mar­ graphs (b) (2), (c) (2), (3), and (4), and products received from pool plants; ket administrator. (d) of this section; and (3) Other source milk; (e.) Each handler pursuant to § 1013.- (2) Not accounted for as Class II, (4) Milk diverted to nonpool plants 13(d) shall report to the market admin­ Class HI or Class IV milk. pursuant to § 1013.16; and istrator in detail and on forms pre­ (b) Class II milk. Class n milk shall (5) Inventories of fluid milk products scribed by the market administrator on be all skim milk and butterfat: and Class n products at the beginning or before the 7th day after the end of (1) Disposed of in the form of a Class and end of the month or accounting the month the quantities of skim milk II product, except as provided in para­ period; and butterfat in producer milk delivered graphs (c) (2), (3), and (4), and (d) (b) The utilization of all skim milk to each pool plant in such month. of this section; and and butterfat required to be reported § 1013.32 Records and facilities. (2) In inventory of fluid milk products pursuant to paragraph (a) of this sec­ and Class II products at the end of the tion, including separate statements as to Each handler shall maintain and make month. the disposition of Class I milk on routes available to the market administrator (c) Class III milk, Class III m ilk entirely outside the marketing area; during the usual hours of business such shall be: (c) Such other information with re­ accounts and records of his operations (1) Skim milk and butterfat used to spect to receipts and utilization as the and such facilities as are necessary for produce any product other than a fluid market administrator may request; and the market administrator to verify or milk product or Class II product; (d) Each handler who submits reports establish the correct data for each (2) Except as provided in paragraph on the basis of accounting periods of less month, with respect to requirements of (d) of this section, skim milk and butter­ than a month, as described in § 1013.46 this part, including, but not limited to: fat in fluid milk products and in Class (d), shall submit a summary report of (a) The receipts and utilization of allII products disposed of by a handler for the same information for the entire skim milk and butterfat handled in any livestock feed; month. form; (3) Except as provided in paragraph (b.) The weights and tests for butter­ § 1013.31 Other reports. (d) of this section, skim milk and butter­ fat and other content of all-milk and fat in fluid milk products and in Class (a) Each producer-handler shall make milk products handled; II products dumped by a handler after reports to the market administrator at (c) The pounds of skim milk and but­ notification to, and opportunity for veri­ such time and in such manner as the terfat contained in or represented by all fication, by, the market administrator; market administrator may prescribe. items or products on hand at the be­ (4) Skim milk represented by the non­ (b) Each handler pursuant to § 1013.- ginning and end of each month; and fat solids added to a fluid milk product 13 (a), (c), or (d) shall report to the (d) Payments to producers and co­ or Class n product which is in excess of market administrator in detail and on operative associations including any de­ an equivalent volume of such product forms prescribed by the market admin­ ductions, and the disbursement of money prior to the addition; istrator: so deducted. (5) Skim milk and butterfat, respec­ (1) On or before the 20th day after § 1013.33 Retention of records. tively, in shrinkage at each pool plant the end of the month, his producer pay­ (except in milk diverted to a nonpool roll for that month, which shall show All books and records required under plant pursuant to § 1013.16) but not in for each producer: (i) His name and this part to be made available to the excess o f: address, (ii) the total pounds of milk re­ market administrator shall be retained (i) 2.0 percent of producer milk (ex­ ceived from such producer, (iii) the days by the handler for a period of 3 years cept that received from a handler pur­ for which milk was received from such to begin at the end of the month to suant to § 1013.13(d)); producer,

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 PROPOSED RULE MAKING 11679

§ 1013.42 Shrinkage. nonpool plant that is neither an other (d) As follows, if transferred in the The market administrator shall allo­ order plant nor a producer-handler form of a fluid milk product or Class II cate shrinkage over each pool plant’s plant located not more than 500 miles, by product to an other order plant in excess the shortest hard-surfaced highway dis­ of receipts from such plant in the same receipts as follows: category as described in subparagraph (a) Compute the total shrinkage of tance as determined by the market ad­ skim milk and butterfat, respectively, ministrator, from the main U.S. Post (1), (2), or (3) of this paragraph: (1) If transferred in packaged form, for each pool plant; and Office in West Palm Beach, unless the (b) Prorate the resulting amounts be­ requirements of subparagraphs (1) and classification shall be in the classes to tween the receipts of skim milk and but­ (2) of this paragraph are met, in which which allocated under the other order; case the skim milk and butterfat so (2) If transferred in bulk form, classi­ terfat, respectively, in: fication shall be in the classes to which (1) The net quantity of producer milk transferred or diverted shall be classi­ fied in accordance with the assignment allocated under the other order (includ­ and other fluid milk products specified resulting from subparagraph (3) of this ing allocation under the conditions set in § 1013.41(c) (5); and paragraph: forth in subparagraph (3) of this (2) Other source milk exclusive of (1) The transferring or diverting han­ paragraph); that specified in § 1013.41(c) (5). dler claims classification in Class II or (3) If the operators of both the trans­ § 1013.43 Responsibility of handlers and Class in in his report submitted to the feror and transferee plants so request in reclassification of milk. m arket administrator pursuant to the reports of receipts and utilization § 1013.30; filed with their respective market admin­ (a) All skim milk and butterfat to be (2) The operator of such nonpool istrators, transfers in bulk form shall be classified pursuant to this part shall be plant maintains books and records show­ classified as Class n or Class III to the classified as Class I milk, unless the han­ ing the utilization of all skim milk and extent of the Class n or Class III utiliza­ dler who first receives such skim milk butterfat received at such plant which tion (or comparable utilization under and butterfat establishes to the satisfac­ are made available if requested by the such other order) available for such as­ tion of the market administrator that market administrator for the purpose of signment pursuant to the allocation pro­ such skim milk and butterf at should be verification; and visions of the transferee order; classified otherwise. (3) The skim milk and butterfat so (4) If information concerning the (b) Any skim milk or butterfat shall transferred shall be classified on the classification to which allocated under be reclassified if verification by the mar­ basis of the following assignment of uti­ the other order is not available to the ket administrator discloses that the orig­ lization at such nonpool plant in excess market administrator for purposes of es­ inal classification was incorrect. of receipts of packaged fluid milk prod­ tablishing classification pursuant to this § 1013.44 Transfers. ucts from all pool plants and other order paragraph, classification shall be as Class plants; I subject to adjustment when such infor­ Skim milk or butterfat shall be classi­ (i) Any Class I utilization disposed of mation is available; fied: on routes in the marketing area shall be (a) At the utilization indicated by the (5) For purposes of this paragraph, first assigned to the skim milk and but­ if the transferee order provides for more operators of both plants, otherwise as terfat in fluid milk products so trans­ Class I milk, if transferred in the form than two classes of utilization, skim milk ferred or diverted from pool plants, next and butterfat allocated to a class consist­ of a fluid milk product or a Class n prod­ pro rata to receipts from other order uct from a pool plant to the pool plant of ing primarily of fluid milk products shall plants and thereafter to receipts from be classified as Class I, and allocations another handler, subject to the following dairy farmers who the market adminis­ conditions: to other classes and shall be classified in trator determines constitute the regular a comparable classification as Class II (1) The skim milk or butterfat so as­ source of supply of Grade A milk for signed to each class shali be limited to or Class i n milk; and such nonpool plant; (6) If the form in which any fluid the amount thereof remaining in such (ii) Any Class I utilization disposed of class in the transferee plant after com­ milk product is transferred to an other on routes in the marketing area of order plant is not defined as a fluid milk putations pursuant to § 1013.46(a) (11) another order issued pursuant to the and the corresponding step of § 1013.46 product under such other order, classi­ (b); Act shall be first assigned to receipts fication shall be in accordance with the from plants fully regulated by such provisions of § 1013.41. . (2) If the transferor plant received order, next pro rata to receipts from during the month other source milk to pool plants and other order plants not (e) As Class n (to the extent of such be allocated pursuant to § 1013.46(a) (3) regulated by such order, and thereafter utilization in the transferee plant) if and (4), the skim milk and butterfat so to receipts from dairy farmers who the transferred to the plant of a producer- transferred shall be classified so as to market administrator determines con­ handler in the form of a Class II product, allocate the least possible Class I utiliza­ stitute the regular source of supply for unless a Class in classification is re­ tion to such other source milk; and such nonpool plant; quested by the operators of both plants (3) If the transferor handler received (iii) Class I utilization in excess of and sufficient Class i n utilization is during the month other source milk to that assigned pursuant to subdivisions available in the transferee plant. be allocated pursuant to § 1013.46(a) (i) and (ii) of this subparagraph shall § 1013.45 Computation of skim milk and (10) or (1 1 ) and the corresponding steps be assigned first to remaining receipts butterfat in each class. t J i013-46(b ), the skim milk and but­ from dairy farmers who the market ad­ terfat so transferred up to the total of ministrator determines constitute the For each month, the market adminis­ ach receipts shall not be classified as regular source of supply for such non­ trator shall correct for mathematical I thilk to a greater extent than pool plant and Class I utilization in ex­ and other obvious errors, the reports would be applicable to a like quantity cess of such receipts shall be assigned submitted by each handler pursuant to or such other source milk received at pro rata to un assigned receipts at such the transferee plant. § 1013.30(a) and compute the total nonpool plant from all pool and other pounds of skim milk and butterfat, re­ As Class I milk, if transferred or order plants; aiverted in the form of a fluid milk prod- (iv) To the extent that Class I utiliza­ spectively, in Class I milk, Class n milk, 10 a jionpool plant that is neither an tion is not so assigned to it, the skim Class i n milk and Class TV milk at each J £ 2 °?der plant nor a Producer-handler milk and butterfat in fluid milk prod­ pool plant: Provided, That the skim milk the i l lpcated more than 500 miles by ucts so transferred shall be classified as contained in any product utilized, pro­ to«« 1^rtest hard-surfaced highway dis- Class in milk to the extent available determined by the market ad- duced or disposed of by the handler dur­ and the remainder as Class n milk; and ing the month shall be considered to be from the main U.S. Post Of- (v) To the extent that Class I or Class nc® m West Palm Beach. in utilization is not assigned to it, the an amount equivalent to the nonfat milk- divprt^i01?58 1 milk> transferred or skim milk and butterfat in Class n prod­ solids contained in such product, plus all o iilk ^ J 11 111 the form of a fluid ucts so transferred shall be classified as of the water originally associated with pr°duct or a Class n product to a Class n milk. such solids.

FEDERAL REGISTER, VOL. 31, NO. 172—-SATURDAY, SEPTEMBER 3, 1966 11680 PROPOSED RULE MAKING

§ 1013.46 Allocation of skim milk and (ii) Receipts of fluid milk products in M in im u m P ric es bntterfat classified. bulk from an other order plant in ex­ § 1013.50 Basic formula price. After making the computations pursu­ cess of similar transfers to such plant, ant to § 1013.45, the market administra­ if Class m or Class n utilization was The basic formula price shall be the tor shall determine the classification of requested by the operator of such plant average price per hundredweight for producer milk for each handler for each and the handler; manufacturing grade milk, f.o.b. plants month or other accounting period de­ (8) Subtract from the remaining in Wisconsin and Minnesota, as reported scribed in paragraph (d) of this section pounds of skim milk in each class, in by the Department for the month. Such as follows: series beginning with Class II milk (and price shall be adjusted to a 3.5 percent (а) Skim milk shall be allocated in then Class D , the pounds of skim milk butterfat basis by a butterfat differential the following manner: in inventory of fluid milk products and (rounded to the nearest one-tenth cent) (1) Subtract from the total pounds of Class n products at the beginning of the at the rate of the Chicago butter price skim milk in Class i n the pounds of skim month; times 0.12 and rounded to the nearest milk classified as Class in pursuant to (9) Add to the remaining pounds of cent. However, for the purpose of com­ § 1013.41(c) (5); skim milk in Class III milk the pounds of puting the Class I price for each month (2) Subtract from the remaining skim milk subtracted pursuant to sub- from the effective date of this order pounds of skim milk in each class the paragraph (1) of this paragraph; through March 1967, the basic formula pounds of skim milk in fluid milk prod­ (10) Subtract from the pounds of skim price shall not be less than $4. ucts received in packaged form from milk remaining in each class, pro rata to § 1013.51 Class prices. other order plants as follows: such quantities, the pounds of s k i m milk (i) From Class in milk, the lesser of in receipts of fluid milk products from Subject to the provisions of §§ 1013.52 the pounds remaining or two percent of unregulated supply plants and in other and 1013.53, the class prices per hundred­ such receipts; and source milk from dairy farmers that were weight for the month shall be as follows: (ii) From Class I milk, the remainder not subtracted pursuant to subpara­ (a) Class I price. From the effective of such receipts; graphs (4) and (7) (i) of this paragraph; date of this paragraph through June (3) Subtract from the remaining (11) Subtract from the pounds of skim 1967, the Class I price shall be the basic pounds of skim milk in each class, in milk remaining in each class, in the fol­ formula price for the preceding month series beginning with Class m , the lowing order, the pounds of skim milk plus $3.20. pounds of skim milk in other source milk in receipts of fluid milk products in bulk (b) Class II price. The Class n price as specified in § 1013.17(b); from other order plants, in excess in shall be the basic formula price for the (4) Subtract in the order specified be­ each case of similar transfers to the same month plus $1. low from the pounds of skim milk re­ plant, that were not subtracted pursuant (c) Class III price. The Class in maining in each class, in series begin­ to subparagraph (7) (ii) of this para­ price shall be the basic formula price for ning with Class IV, the pounds of skim graph: the month plus 15 cents. milk in each of the following: (i) In series beginning with Class IV (d) Class IV price. The Class IV (i) Receipts of fluid milk products for and thereafter from Class HI and Class price shall be computed as follows: Mul­ which Grade A certification is not es­ n , the pounds determined by multiplying tiply the Chicago butter price by 1.25, tablished, or which are from uniden­ the pounds of such receipts by-the larger add 4 cents and multiply the result by 3.5. tified sources; and of the percentage of estimated Class II, § 1013.52 Butterfat differentials to han­ (ii) Receipts of fluid milk products Class m , and Class IV utilization of skim dlers. from a producer-handler, as defined un­ milk announced for the month by the For milk containing more or less than der this or any other Federal order; market administrator pursuant to (5) Subtract from the remaining § 1013.27 (i) or the percentage that Class 3.5 percent butterfat, the class prices pounds of skim milk in each class, in n , Class III, and Class IV utilization re­ pursuant to § 1013.51 shall be increased series beginning with Class IH (and then maining is of the total remaining utiliza­ or decreased, respectively, for each one- Class I I ) , the pounds of skim milk in tion of skim milk of the handler; and tenth percent butterfat at the following Class II products received from nonpool rates: (ii) From Class I, the rem aining (a) Class I and Class n prices, 7.5 plants for which the handler requests a pounds of such receipts; Class i n utilization; cents; and (12) Subtract from the remaining (b) Class i n and Class IV prices, 0.115 (б) Subtract from the pounds of skim pounds of skim milk in each class the times the Chicago butter price for the milk remaining in Class II, Class III and pounds of skim milk in fluid milk prod­ month. Class IV, pro rata to such quantities, the ucts and in Class n products received pounds of skim milk in Class n products from pool plants of other handlers ac­ § 1013.53 Location adjustments to han­ received from nonpool plants that were cording to the classification of such dlers. not subtracted pursuant to subparagraph products pursuant to § 1013.44(a); and (a) The Class I price for producer (5) of this paragraph; (13) If the pounds of skim milk re­ milk and other source milk (for which (7) Subtract, in the order specified be­maining exceed the pounds of skim milk a location adjustment is applicable) at low, from the pounds of skim milk re­ in producer milk, subtract such excess a plant north of, and 80 miles or more maining in Class IV, Class III and/or from the pounds of skim milk remaining from, the U.S. Post Office in West Palm Class n (beginning with Class IV unless in each class in series beginning with Beach, Florida, shall be reduced 13 cents otherwise specified) but not in excess Class IV. Any amount so subtracted and an additional 1.5 cents for each 10 of such quantity or quantities: shall be known as “overage”; miles or fraction thereof that such plant (i) Receipts of fluid milk products (b) Butterfat shall be allocated in ac­ is more than 90 miles from the U.S. Post from unregulated supply plants and in cordance with the procedure outlined Office in West Palm Beach. other source milk from dairy farmers for skim milk in paragraph (a) of this (b) For the purpose of calculating (except that subtracted pursuant to sub- section; location differentials, receipts of fluid paragraph (4) of this paragraph): (c) Determine the weighted average milk products from pool plants shall be (a) For which the handler requests butterfat content of producer milk in assigned any remainder of Class I milk such utilization; or each class as computed pursuant to para­ at the transferee plant that is in excess (b) Which are in excess of the pounds graphs (a) and (b) of this section; and of the sum of producer milk receipts at of skim milk determined by subtracting (d) A handler may account for re­ such plant and that assigned as Class I from 125 percent of the pounds of skim ceipts of milk, utilization of milk and to receipts from other order plants and milk remaining in Class I milk, the sum classification of milk, at his plant, for unregulated supply plants. Such assign­ of the pounds of skim milk in producer periods within a month if he notifies the ment shall be made in sequence accord­ milk, in receipts of fluid milk products market administrator in writing of his ing to the location differential applicable from pool plants of other handlers, and intention to use such accounting period at each plant, beginning with the plant in receipts of fluid milk products in bulk not later than the end of every account­ nearest the U.S. Post Office in West Palm from other order plants; and ing period. Beach.

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 PROPOSED RULE MAKING 11681

§ 1013.54 Use of equivalent prices. (a) An amount computed as follows: such location (not to be less than the (1) (i) The obligation that would have Class l i t price). If, for any reason, a price quotation been computed pursuant to § 1013.70 at § 1013.63 Person producing milk. required by this order for computing such plant shall be determined as though class prices or for other purposes is not such plant were a pool plant. For pur­ The person who produces milk shall available in the manner described, the poses of such computation, receipts at be considered to be the person who is market administrator shall use a price such nonpool plant from a pool plant responsible for the milk production determined by the Secretary to be equiv­ or an other order plant shall be assigned enterprise on a continuing basis as to alent to the price which is required. to the utilization at which classified at management and risk. Application of P rovisions the pool plant or other order plant and D etermination of U niform P ric es to transfers from such nonpool plant to a P roducers § 1013.60 Producer-handler. pool plant or an other order plant shall Sections 1013.50 through 1013.54,1013.- be classified as Class n or Class HI milk § 1013.70 Compulation of the net pool 61, 1013.62, 1013.70 through 1013.74, and if allocated to such class at the pool obligation of each pool handler. 1013.80 through 1013.86 shall not apply plant or other order plant and be valued The net pool obligation of each to a producer-handler. at the weighted average price of the re­ handler pursuant to § 1013.13 (a ), (c ), § 1013.61 Plants where other Federal spective order if so allocated to Class I and (d) during each month shall be a orders may apply. milk. There shall be included in the ob­ sum of money computed by the market ligation so computed a charge in the administrator as follows: Upon determination by the Secretary, amount specified in § 1013.70(e) and a pursuant to this section, any plant speci­ credit in the amount specified in § 1013.82 (a) Multiply the quantity of producer fied in paragraphs (a), (b), and (c) of Cb) (2) with respect to receipts from an milk in each class, as computed pursuant this section shall be a nonpool plant, unregulated supply plant, unless an ob­ to § 1013.46(c), by the applicable class except that the operator of such plant ligation with respect to such plant is price; shall, with respect to the total receipts computed as specified below in this (b) Add the amount obtained from and disposition of skim milk and butter- subparagraph. multiplying the pounds of overage de­ fat at the plant, make reports to the (ii) If the operator of the partially ducted from each class pursuant to market administrator at such time and regulated distributing plant so requests, § 1013.46(a) (13) and the corresponding in such manner as the market adminis­ and provides with his reports pursuant step of § 1013.46(b) by the applicable trator may require and allow verification to §§ 1013.30 and 1013.31(c) similar re­ class prices; of such reports by the market adminis­ ports with respect to the operations of (c) Add the amount obtained from trator: any other nonpool plant which serves multiplying the difference between the (a) Any plant meeting the require­ as a supply plant for such partially Class II price for the preceding account­ ments of a pool plant pursuant to regulated distributing plant by ship­ ing period and the Class I price for the § 1013.10(b) but not pursuant to § 1013.10 ments to such plant during the month current month by the hundredweight of (a) which, if it were not a pool plant equivalent to the requirements of skim milk and butterfat subtracted from under this part, would be fully subject § 1013.10(b), with agreement of the op­ Class I pursuant to § 1013.46(a) (8) and to the classification and pooling provi­ erator of such plant that the market the corresponding step of § 1013.46(b); sions of another order issued pursuant administrator may examine the books (d) Add an amount equal to the dif­ to the Act; and records of such plant for purposes ference between the value at the Class (b) Any plant meeting the require­ of verification of such reports, there will I price applicable at the pool plant and ments of a pool plant pursuant to be added the amount of the obligation the value at the Class in price, with i 1013.10(b) but not pursuant to § 1013.- computed at such nonpool supply plant respect to skim milk and butterfat in 10(a) at which all receipts of skim milk in the same manner and subject to the other source milk subtracted from Class and butterfat during the month would same conditions as for the partially I pursuant to § 1013.46(a) (3) and (4) be priced and pooled under the terms of regulated distributing plant. and the corresponding steps of § 1013.46 another order (s) issued pursuant to the (2) From this obligation, there will (b ); and Act if such plant were not a pool plant be deducted the sum of: (i) The gross (e) Add an amount equal to the value under this order: Provided, That such payments made by such handler for at the Class I price adjusted for location pricing and pooling results in all skim Grade A milk received during the month of the nearest nonpool plant (s) from milk and butterfat disposed of from the from dairy farmers at such plant and which an equivalent volume was re­ plant in the form of milk and skim milk like payments made by the operator of ceived, with respect to skim milk and during the month being Class I milk a supply plant (s) included in the com­ butterfat subtracted from Class I pur­ under the terms of another order (s) putations pursuant to subparagraph (1) suant to § 1013.46(a) (10) and the issued pursuant to the Act; and of this paragraph and (ii) any payments corresponding step of § 1013.46(b). (c) Any plant which does not dispose to the producer-settlement fund of an­ of a greater volume of Class I milk on other order under which such plant is § 1013.71 Computation of uniform routes in the Southeastern Florida mar­ also a partially regulated distributing price. keting area than in the marketing area plant. regulated pursuant to such other order. (b) An amount computed as follows: For each month the market adminis­ (1) Determine the respective amounts trator shall compute the uniform price § 1013.62 Obligations of handler oper­ as follows: ating a partially regulated distribut­ of skim milk and butterfat disposed of ing plant. as Class I milk on routes in the market­ (a) Combine into one total the values ing area; computed pursuant to § 1013.70 for all Each handler who operates a partially (2) Deduct the respective amounts of handlers who filed the reports prescribed regulated distributing plant shall pay to skim milk and butterfat received as Class by § 1013.30 for the month and who the market administrator for the pro- 1 milk at the partially regulated dis­ made the payments pursuant to ducer—settlement fund on or before the tributing plant from pool plants and §§ 1013.80 and 1013.82 for the preceding 25th day after the end of the month other order plants, except that deducted month; either of the amounts (at the handler’s under a similar provision of another (b) Add or subtract for each one- election) calculated pursuant to para­ order issued pursuant to the Act; tenth percent that the average butterfat graph (a) or (b> of this section. If the (3) Combine the amounts of skim content of milk represented by the values toils to report pursuant to milk and butterfat remaining into one specified in paragraph (a) of this section s§ 1013.30 and 1013.31(c) the Informa- total and determine the weighted aver­ is less or more, respectively, than 3.5 per­ ion necessary to compute the amount age butterfat content; and cent, the amount obtained by multiply­ specified in paragraph (a) of this sec- (4) From the value of such milk at ing such difference by the butterfat dif­ rn°í!¿* 6 shall pay the amount com­ the Class I price applicable at the loca­ ferential pursuant to § 1013.72 and mul­ puted pursuant to paragraph (b) of this tion of the nonpool plant, subtract its tiply the result by the total hundred­ section: value at the uniform price applicable at weight of such milk;

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11682 PROPOSED RULE MAKING

(c) Add an amount equal to the total first 15 days of the month, less proper during the first 15 days of the month; value of the location differentials com­ deductions authorized by such producer and puted pursuant to § 1013.73; to be made from payments due pursuant (2) On or before the 10th day of the (d) Add an amount equal to one-half to this paragraph; following month: (i) The total pounds of the unobligated balance in the pro­ (2) On or before the fifth day of the of milk received during the month, (ii) ducer-settlement fund; following month to each producer who the pounds of milk received each day, (e) Divide the resulting amount by did not discontinue shipping milk to such together with the butterfat content of the sum of the following for all handlers handler before the last day of the month, such milk, (iii) the amount or rate and included in these computations; an amount equal to not less than the nature of any authorized deductions to (1) The total hundredweight of pro­ uniform price for the preceding month be made from payments, and (iv) the ducer milk; and less 10 percent, but not to exceed $6, amount and nature of payments due pur­ (2) The total hundredweight for multiplied by the hundredweight of milk suant to § 1013.84. which a value is computed pursuant to received from such producer after the § 1013.70(e); and 15th and through the last day of the § 1013.81 Producer-settlement fund. (f) Subtract not less than 4 cents nor month, less proper deductions author­ The market administrator shall estab­ more than 5 cents per hundredweight. ized by such producer to be made from lish and maintain a separate fund known § 1013.72 Butterfat differential to pro­ payments due pursuant to this para­ as the “producer-settlement fund” into ducers. graph; and which he shall deposit all payments made (3) On or before the 15th day of the by handlers pursuant to §§ 1013.62, The uniform price shall be increased following month, to each producer an 1013.82 and 1013.84 and out of which or decreased for each one-tenth percent amount equal to not less than the uni­ he shall make all payments pursuant to that the butterfat content of such milk form price computed pursuant to § 1013.- §§ 1013.83 and 1013.84: Provided, That is above or below 3.5 percent, respec­ 71 adjusted by the butterfat and location any payments due to any handler shall tively, at the rate (rounded to the near­ differentials to producers, multiplied by be offset by any payments due from such est one-tenth cent) determined by mul­ the total pounds of milk received from handler. tiplying the pounds of butterfat in such producer, subject to the following producer milk allocated to each class § 1013.82 Payments to the producer- adjustments: settlement fund. pursuant to § 1013.46 by the respective (i) Less payments made to such pro­ butterfat differential for each class. ducer pursuant to subparagraphs (1) and On or before the 12th day after the § 1013.73 Location differentials to pro­ (2) of this paragraph; end of the month, each handler shall pay ducers and on nonpool milk. (ii) Less marketing service deductions to the market administrator the amount, if any, by which the total amounts spec­ (a) The uniform price for producer made pursuant to § 1013.85; Oil) Plus or minus adjustments for ified in paragraph (a) of this section milk received at a pool plant shall be exceed the amounts specified in para­ reduced according to the location of the errors made in previous payments made to such producer; and graph (b) of this section: Provided, That pool plant at the rates set forth in to this amount shall be added one-half § 1013.53; and (iv) Less proper deductions authorized by such producer: Provided, That if by of 1 percent of any amount due the mar­ (b) For purposes of computations ket administrator pursuant to this sec­ pursuant to §§ 1013.82 and 1013.83, the the date specified, such handler has not received full payment from the market tion for each month or portion thereof uniform price shall be adjusted at the that such payment is overdue: And pro­ rates set forth in § 1013.53 applicable at administrator pursuant to § 1013.83 for such month, he may reduce pro rata his vided further, That the requirement as the location of the nonpool plant from to date of payment pursuant to this sec­ which the milk was received. payments to producers by not more than the amount of such underpayment and tion shall be considered to have been met § 1013.74 Notification of handlers. payments to producers shall be com­ if the payment is made by mail post­ pleted thereafter not later than the date marked not later than the required pay­ On or before the 11th day after the ment date: end of each month, the market adminis­ for making payments pursuant to this (a) The net pool obligation computed trator shall mail to each handler, at his paragraph next following after receipt pursuant to § 1013.70 for such handler; last known address, a statement show­ of the balance due from the market administrator; and ing: (b) The sum of: (a) The amount and value of his pro­ (b) Upon receipt of a written request (1) The value of such handler’s pro­ ducer milk in each class and the total from a cooperative association which the ducer milk at the applicable uniform thereof; Secretary determines is authorized by prices specified in § 1013.80(a) (3); and (b) The uniform price for producer its members to collect payment for their (2) The value at the uniform price milk computed pursuant to § 1013.71 and milk and receipt of a written promise to pursuant to § 1013.71 at the location of the butterfat differential to producers; reimburse the handler the amount of any the plant (s) from which received (not to (c) The amount and value of his actual loss incurred by him because of be less than the value at the Class III producer milk at the uniform price; and any improper claim on the part of the as­ price) with respect to other source milk (d) The amounts to be paid by such sociation, each handler shall on or before for which a value is computed pursuant handler pursuant to §§ 1013.82, 1013.85, the second day prior to each date on to § 1013.70(e). and 1013.86, and the amount due such which payments are due individual pro­ handler pursuant to § 1013.83. ducers, pay the cooperative association § 1013.83 Payments out of the producer- for milk received from the producer- settlement fund. P a ym en ts members of such association as deter­ On or before the 13th day after the § 1013.80 Time and method of payment mined by the market administrator dur­ nd of each month, the market adminis- for producer milk. ing the period for which payment is rator shall pay to each handler the made, an amount equal to not less than mount, if any, by which the amount (a) Except as provided in paragraph the total due such producer-members as omputed pursuant to § 1 0 1 3 .8 2 (b) ex- (b) of this section, each handler shall determined pursuant to paragraph (a) :eeds the amount computed pursuant to make payment to each producer from of this section; and 1013.82(a). If, at such time, the bal- whom milk is received as follows: (c) Each handler who received milk ,nce in the producer-settlement fund is (1) On or before the 20th day of each from producers for which payment is to nsufficient to make all payments pur- month to each producer who did not dis­ be made to a cooperative association pur­ uant to this section, the market admin- continue shipping milk to such handler suant to paragraph (b) of this section strator shall reduce uniformly such before the 15th day of the month, an shall report to such cooperative associa­ »ayments and shall complete such pay- amount equal to not less than the uni­ tion or to the market administrator for nnr»fe« n o on/\v> n o f h o f ll T lH c flT P a V a llfliW C * form price for the preceding month less transmittal to such cooperative associa­ 10 percent, but not to exceed $6, multi­ tion for each such producer as follows: § 1013.84 Adjustment of accounts. plied by the hundredweight of milk re­ (1) On or before the 25th day of the Whenever audit by the market admin­ ceived from such producer during the month, the total pounds of milk received istrator of any reports, books, records,

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 PROPOSED RULE MAKING 11683

or accounts or other verification discloses lesser rate as the Secretary may deter­ E ffec tive T im e , S u spen sio n or errors resulting in moneys due (a) the mine is demonstrated as appropriate in T erm ination market administrator from a handler, terms of the particular costs of adminis­ (b) a handler from the market adminis­ tering the additional accounting periods. § 1013.100 Effective time. trator, or (c) any producer or coopera­ The provisions of this part, or any tive association from a handler, the § 1013.87 Termination of obligations. amendment thereto, shall become effec­ market administrator shall promptly The provisions of this section shall tive at such time as the Secretary may notify such handler of any amount so apply to any obligations under this part declare and shall continue in force until due and payment thereof shall be made for the payment of money. suspended or terminated. on or before the next date for making payments set forth in the provisions un­ (a) The obligation of any handler to § 1013.101 Suspension or termination. pay money required to be paid under the der which such error occurred. terms of this part shall, except as pro­ The Secretary shall, whenever he finds § 1013.85 Marketing services. vided in paragraphs (b) and (c) of this that any or all provisions of this part, section, terminate 2 years after the last or any amendment thereto, obstruct or (a) Except as set forth in paragraph day of the month during which the mar­ do not tend to effectuate the declared (b) of this section, each handler, in ket administrator receives the handler’s policy of the Act, terminate or suspend making payments to producers for milk utilization report on the milk involved the operation of any or all provisions of pursuant to § 10Ì3.80, shall deduct 4 in such obligation, unless within such 2- this order or any amendment thereto. cents per hundredweight, or such lesser year period, the market administrator .§ 1013.102 Continuing obligations. amount as may be prescribed by the Sec­ notifies the handler in writing that such If, upon the suspension or termination retary and shall pay such deductions to money is due and payable. Service of the market administrator on or before of any or all provisions of this part, or such notice shall be complete upon mail­ any amendment thereto, there are any the 15th day after the end of the month. ing to the handler’s last known address, Such money shall be used by the mar­ obligations thereunder, the final accrual and it shall contain, but need not be or ascertainment of which requires fur­ ket administrator to provide market in­ limited to, the following information: formation and to check the accuracy of ther acts by any person (including the the testing and weighing of their milk (1) The amount of the obligation; market administrator), such further acts for producers who are not receiving such (2 ) The months during which the milk, shall be performed notwithstanding such services from a cooperative association with respect to which the obligation ex­ suspension or termination. pursuant to paragraph (b) of this sec­ ists^ was received or handled; and tion; and (3) If the obligation is payable to one § 1013.103 Liquidation. (b) In the case of producers who axe or more producers or to an association Upon the suspension or termination members of a cooperative association of producers, the names of such pro­ of any or all provisions of this part, the which the Secretary has determined is ducers or association of producers, or if market administrator, or such other actually performing - the services set the obligation is payable to the market liquidating agent as the Secretary may forth in paragraph (a) of this section, administrator, the account for which it designate, shall, if so directed by the each handler shall Producer milk (includir fraud or willful concealment of a fact, the United States to act as his agent and sucn handler’s own production), (2 material to the obligation, on the part of representative in connection with any milk allocated to Class the handler against whom the obligation of the provisions of this part. Pursuant to § 1013.46(a) (3), (4), an is sought to be imposed; and § 1013.111 Separability of provisions. 5 in tq ^ îu Îhe corresPonding steps < (d) Any obligation on the part of the If any provision of this part, or its ap­ ? ’ and (3) Class 1 “ tile dit market administrator to pay a handler S w i? fr10n\a Partially regulated dit plication to any person or circumstances, wibutmg plant on routes in the market any money which such handler claims to is held invalid, the application of such r e L v i ^ tbat exceeds Class I mil be due him under the terms of this part provision, and of the remaining provi­ U?ng*the month at such Plar shall terminate 2 years after the end of sions of this part, to other persons or T Æ - l ? ants and other order plant; the month during which the payment circumstances shall not be affected ant L i f lth respect payments pursu (including deduction or setoff by the thereby. hand?P? agraph (a) of this section, if market administrator) was made by the Signed at Washington, D.C., on August S S W ! than one accountin handler if a refund on such payment is 30,1966. Per h u n , i r ntV he rate of Paymen claimed unless such handler, within the C larence H. G irard, for such handle applicable period of time, files, pursuant Deputy Administrator, Periodif nîîfi+^Îf l ° l “ Ohthly accountin Regulatory Programs. c o S f Ultl-plied by the number of ac to section 8c (15) (A) of the Act, a peti­ counting periods in the month, or sue] [F.R. Doc. 66-9689; Filed, Sept. 2, 1966; tion claiming such money. 8:47 a.m.]

No. 172------7 FEDERAL REGISTER, V O L 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11684

Notices

ice, Department of the Interior, Wash­ differential subsidy to aid in the con­ DEPARTMENT OF THE TREASURY ington, D.C. 20240. Any person desiring struction of an 86-foot overall steel ves­ Office of the Secretary to submit evidence that the contem­ sel to engage in the fishery for butterfish, plated operation of such vessel will cause flounder, porgies, sea bass, sea trout, [Dept. Circ. 570,1966 Rev. Supp. No. 3] economic hardship or injury to efficient swordfish, lobster, scallops, and shrimp, PRUDENCE MUTUAL CASUALTY CO. vessel operators already operating in including royal red shrimp. that fishery must submit such evidence Notice is hereby given pursuant to the Surety Companies Acceptable on in writing to the Director, Bureau of provisions of the U.S. Fishing Fleet Im­ Federal Bonds Commercial Fisheries, within 30 days provement Act (P.L. 86-498) and Notice from the date of publication of this no­ and Hearing on Subsidies (50 CFR Part S epte m be r 1,1966. tice. If such evidence is received it will 257) that a hearing in the above-entitled A Certificate of Authority as an accept­ be evaluated along with such other evi­ proceedings will be held on October 6, able surety on Federal bonds has been dence as may be available before making 1966, at 10 a.m., e.d.s.t., in Room 3356, issued by the Secretary of the Treasury a determination that the contemplated Interior Building, 18th and C Streets to the following company under the Act operations of the vessel will or will not NW., Washington, D.C. Any person de­ of Congress approved July 30, 1947, 6 cause such economic injury or hardship. siring to intervene must file a petition of U.S.C. 6-13. An underwriting limitation intervention with the Director, Bureau H arold E . C row ther, of $83,000.00 has been established for the Acting Director, of Commercial Fisheries, as prescribed company. Bureau of Commercial Fisheries. in 50 CFR Part 257 at least 10 days prior Name of Company, Location of Principal to the date set for the hearing. If such Executive Office, and State in Which Incor­ August 29,1966. petition of intervention is granted, the porated. [P.R. Doc. 66-9665; Piled, Sept. 2, 1966; place of the hearing may be changed to Prudence Mutual Casualty Co. 8:45 am .] a field location. Telegraphic notice will be given to the parties in the event of Chicago, 111. such a change along with the new Illinois [Docket No. Sub-B-52] location. H. E . Crow ther, Certificates of Authority expire on May BOAT SEAFARER, INC. Acting Director, 31 each year, unless sooner revoked, and Bureau of Commercial Fisheries. new certificates are issued on June 1 so Notice of Hearing long as the companies remain qualified Boat Seafarer, Inc., New Bedford, August 31,1966. (31 CFR Part 223). A list of qualified Mass., has applied for a fishing vessel [P.R. Doc. 66-9706; Piled, Sept. 2, 1966; companies is published annually as of construction differential subsidy to aid 8:49 a.m.] June 1 in Department Circular 570, with in the construction of a 90-foot overall details as to underwriting limitations, wooden vessel to engage in the fishery National Park Service areas in which_licensed to transact fidel­ for scallops, groundfish, flounder, and ity and surety business and other in­ lobster. [Order 3] formation. Copies of the circular, when Notice is hereby given pursuant to the MANAGEMENT ASSISTANT ET AL; issued, may be obtained from the Treas­ provisions of the U.S. Fishing Fleet Im­ m o u n t McKin l e y n a t io n a l ury Department, Bureau of Accounts, provement Act (P.L. 88-498) and Notice Surety Bonds Branch, Washington, D.C. and Hearing on Subsidies (50 CFR Part PARK, ALASKA 20226. 257) that a hearing in the above-entitled Delegation of Authority Regarding [ seal] G eorge F. S t ic k n e y , proceedings will be held on October 4, Execution of Contracts Deputy Fiscal Assistant Secretary. 1966, at 10 a.m., e.d.t., in Room 3356, Interior Building, 18th and C Streets S ection 1. Management Assistant. [F.R. Doc. 66-9708; Piled, Sept. 2, 1966; The Management Assistant, in the ad­ 8:49 a.m.] NW., Washington, D.C. Any person de­ siring to intervene must file a petition of ministration, operation, and development intervention with the Director, Bureau of Katmai National Monument, is au­ of Commercial Fisheries, as prescribed in thorized to exercise all of the authority DEPARTMENT OF THE INTERIOR 50 CFR Part 257, at least 10 days prior now or hereafter delegated to the Super­ to the date set for the hearing. If such intendent, Mount McKinley National Fish and Wildlife Service petition of intervention is granted, the Park, Alaska, by the Regional Director, [Docket No. S-368] place of the hearing may be changed to except with respect to the following a field location. Telegraphic notice will matter: RICHARD N. JOHNSON be given to the parties in the event of (a) Reimbursement of employees and Notice of Loan Application such a change, along with the new other owners for property lost, damaged, location. or destroyed. Richard N. Johnson, 14911 Washing­ H arold E. Crow ther, The following delegations are subject ton Street SW., Tacoma, Wash. 98498, Acting Director, to the limitations indicated: has applied for a loan from the Fisheries Bureau of Commercial Fisheries. (b) The execution or approval of con­ tracts for construction, supplies, or serv­ Loan Fund to aid in financing the pur­ August 31,1966. chase of a used 37-foot registered length ices, not in excess of $10,000, in con­ wood vessel to engage in the fishery for [P.R. Doc. 66-9655; Piled Sept. 2, 1966; formity with applicable regulations and salmon, albacore tuna, and Dungeness 8:45 a.m.] statutory authority, and subject to the crab. availability of appropriations, provided Notice is hereby given pursuant to the [Docket No. Sub-G-13] that construction contracts will be en­ provisions of Public Law 89-85 and tered into only with the advice and con­ Fisheries Loan Fund Procedures (50 CFR CLYDE R. POTTER sent of the Design and Construction Part 250, as revised August 11, 1965) Notice of Hearing Field Office Chief. that the above-entitled application is (c) Issuance of revocable special use being considered by the Bureau of Com­ Clyde R. Potter, Belhaven, N.C.,- has narmifcs bavins' a term of not to exceed mercial Fisheries, Fish and Wildlife Serv­ applied for a fishing vessel construction 3 years.

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 NOTICES 11685

(d) Acceptance of donations of per­ appearing in Secretary’s Order 2821 and appearing in Secretary’s Order 2821 and sonal property not valued in excess of published in 22 F.R. 5778. published in 22 F.R. 5778. $5,000, and acceptance of donations of P art 242— B ureau o f S port F ish e r ie s P art 241—B ureau of C ommercial money not in excess of $5,000. and W il d l ife (e) Sales of timber pursuant to section F ish e r ie s 3 of the Act of August 25, 1916 (39 Stat. CHAPTER 1---- GENERAL PROGRAM DELEGATION CHAPTER 1---- GENERAL PROGRAM DELEGATION 535; 16 U.S.C., 1952 ed. sec. 3), not to 242.1.1 Delegation. The Director, 241.1.1 Delegation. The Director, exceed $1,000 for any one transaction. Bureau of Sport Fisheries and Wildlife, Bureau of Commercial Fisheries, may, (f) Acceptance of any offer in settle­ may, except as provided in 242 DM 1.2, except as provided in 241 DM 1.2, exer­ ment of a timber trespass when (1) the exercise the authority of the Secretary of cise the authority of the Secretary of the trespass is an innocent one, (2) the dam­ the Interior with respect to any matter Interior with respect to any matter ages therefrom do not exceed $500, and relating to sport fish and wildlife. This relating to commercial fisheries, whales, (3) payment of the full amount of the includes those matters relating to migra­ seals, and sea lions, and other activities damages is offered. tory birds, game management, wildlife of the Bureau. (g) Issuance of concession permits refuges, sport fisheries, sea mammals 241.1.2 Limitations. The authority having a term of not to exceed 3 years. (except whales, seals, and sea lions), and granted in 241 DM 1.1 does not include: S ec. 2. Administrative Officer. The other activities of the Bureau. A. Authority which the Secretary may Administrative Officer may execute 242.1.2 Limitations. The authority not redelegate as set forth in 200 DM and approve contracts for construction, granted in 242 DM 1.1 does not include: 1.4. supplies, or services not in excess of A. Authority which the Secretary may B. Authority to issue amendments of $100,000 in conformity with applicable not redelegate as set forth in 200 DM 1.4. or additions to the Code of Federal regulations and statutory authority, and B. The authority to issue amendments Regulations except as provided in 241 subject to the availability of appropria­ of or additions to the Code of Federal DM 3. tions, except negotiated contracts may Regulations except as provided in 242 C. Authority delegated on a functional not exceed $25,000. In exercising this DM2. basis in 205 DM. authority, construction contracts shall C. Authority delegated on a functional D. Authority to approve fisheries loan be entered into only with the advice and basis in 205 DM. authorizations. consent of the Design and Construction 242.1.3 Redelegation. This authority 241.1.3 Redelegation. This authority Field Office Chief. may be redelegated in writing to sub­ may be redelegated in writing to subordi­ This authority may be exercised on ordinates. nates except that authority may not be behalf of any office or area under the S tewart L. U dall, redelegated to subordinates to: supervision of the Superintendent, Secretary of the Interior. A. Perform or exercise any defense Mount McKinley National Park, Alaska. function or power relating to fishery August 26,1966. S ec. 3. Procurement and Property commodities or products delegated to the Management Assistant. The Procure­ [F.R. Doc. 66-9666; Filed, Sept. 2, 1966; Director by the Secretary of the Interior. ment and Property Management Assist­ 8:45 a.m.] ant may execute and approve contracts S tew art L. U dall, for construction, supplies, or services, not Secretary of the Interior. COMMISSIONER, U.S. FISH AND in excess of $10,000, in conformity with August 26, 1966. applicable regulations and statutory au­ WILDLIFE SERVICE thority, and subject to the availability of [F.R. Doc. 66-9668; Filed, Sept. 2, 1966; appropriations, provided that construc­ Delegation of Authority 8:46 a.m.] tion contracts will be entered into only The following material is a portion of with the advice and consent of the the Departmental Manual and the num­ JOHN S. ANDERSON Design and Construction Field Office bering system is tha,t of the Manual. Chief. P art 240—Commissioner o f U.S. F is h Statement of Changes in Financial This authority may be exercised on Interests behalf of any office or area under the and W il d l ife S ervice supervision of the Superintendent, CHAPTER 1---- GENERAL PROGRAM DELEGATION In accordance with the requirements Mount McKinley National Park, Alaska. 240.1.1 G eneral Authority. The Com­ of section 710(b)(6) of the Defense S ec. 4. Revocation. This order super­ missioner of Fish and Wildlife is au­ Production Act of 1950, as amended, and sedes Order No. 2 issued March 17, 1960, Executive Order 10647 of November 28, and Order No. 1 issued October 5, 1963. thorized to exercise the authority of the Secretary of the Interior with respect to 1955, the following changes have taken S ec. 5. Effective. This order becomes any matter relating to fish and wildlife place in my financial interests during the effective immediately upon publication in except for the limitations contained in past 6 months: the F ederal R eg ister. 200 DM 1.4 and 1.5. (1) No change. (National Park Service Order No. 34 (31 F.R. 240.1.2 Redelegation. H ie Commis­ (2 ) No change. 4255); Western Region Order No. 4 (31 F.R. (3) No change. 5577)) sioner of Fish and Wildlife may, in writ­ ing, redelegate the authority delegated (4) No change. O scar T . D ic k , to him in 240 DM 1 to employees of the This statement is made as of August Superintendent, Office of the Commissioner. Mount McKinley National Park. 5,1966. S tewart L. U dall, J uly 20,1966. Dated: August 5, 1966. Secretary of the Interior. [F.R. Doc. 66-9693; Filed, Sept. 2, 1966; J ohn S . Anderson. August 26, 1966. 8:48 ajn .] [F.R. Doc. 66-9669; Filed, Sept. 2, 1966; [F.R. Doc. 66-9667; Filed, Sept. 2, 1966; 8:46 a.m.] 8:46 a.m.] Office of the Secretary HUBBELL CARPENTER DIRECTOR, BUREAU OF SPORT DIRECTOR, BUREAU OF COMMER­ FISHERIES AND WILDLIFE CIAL FISHERIES Statement of Changes in Financial Interests Delegation of Authority Delegation of Authority In accordance with the requirements ,, following material is a portion of The following material is a portion of of section 710(b) (6) of the Defense the Departmental Manual, and the num­ the Departmental Manual and the num­ Production Act of 1950, as amended, and bering system is that of the Manual, bering system is that of the Manual. Executive Order 10647 of November 28, mis material supersedes the delegation This material supersedes the delegation 1955, the following changes have taken

FEDERAL REGISTER, VOL. 3T, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11686 NOTICES place in my financial interests during the (1) No change. (1) No change. (2) No change. (2) No change. past 6 months: (3) No change. (3) No change. (1) No change. (4) No change. (4) No change. (2 ) No change. (3) No change. This statement is made as of August This statement is made as of August 9, (4) No change. 19, 1966. 1966. This statement is made as of August Dated: August 19, 1966. Dated: August 9, 1966. 8,1966. R u sse l l V. K napp. C harles S. M cNeer. Dated: August 8, 1966. [F.R. Doc. 66-9673; Filed, Sept. 2, 1966; [F.R. Doc. 66-9676; Filed, Sept. 2, 1966; 8:46 ajn .] 8:46 a.m.] H u bbell Carpenter. [F.R. Doc. 66-9670; Filed, Sept. 2, 1966; 8:46 a.m.] LEWIS W. LENGNICK JULIO A. NEGRONI Statement of Changes in Financial Statement of Changes in Financial CLYDE M. EPPARD Interests Interests Statement of Changes in Financial In accordance with the requirements In accordance with the requirements Interests of section 710(b) (6) of the Defense Pro­ of section 710(b) (6) of the Defense Pro­ duction Act of 1950, as amended, and In accordance with the requirements duction Act of 1950, as amended, and Executive Order 10647 of November 28, Executive Order 10647 of November 28, of section 71(Kb) (6) of the Defense Pro­ 1955, the following changes have taken duction Act of 1950, as amended, and Ex­ 1955, the following changes have taken place in my financial interests during the place in my financial interests during the ecutive Order 10647 of November 28, past 6 months: 1955, the following changes have taken past 6 months: (1) Change in position from “Assistant place in my financial interests during (1) No change. Executive Director for Electrical Planning, the past 6 months: (2) Bought Tenneco. Transferred Stand­ ard Oil of New Jersey. Transferred Honolulu Construction, and Research” to “Assistant (1) No change. Construction & Draying. Executive Director for Power Operations” in (2) No change. (3) No change. the Puerto Rico Water Resources Authority (3) No change. (4) No change. (a public corporation of the Commonwealth (4) No change. of Puerto Rico). This statement is made as of August 8, (2) None. This statement is made as of August 1966. (3) None. 3, 1966. (4) None. Dated: August 8, 1966. Dated: August 3, 1966. This statement is made as of Au­ L e w is W. L engnick. C lyde M . E ppard. gust 8,1966. [F.R. Doc. 66-9674; Filed, Sept. 2, 1966; [F.R. Doc. 66-9671; Filed, Sept. 2, 1966; 8:46 a.m.] Dated: August 8, 1966. 8:46 a.m.] J u lio A. Negroni. [F.r . Doc. 66-9677; FUed, Sept. 2, 1966; GLENN J. HALL JOHN LAWRENCE McNEALEY 8:46 a.m.] Statement of Changes in Financial Statement of Changes in Financial Interests * Interests JOHN PAUL NEUBAUER In accordance with the requirements In accordance with the requirements Statement of Changes in Financial of section 710(b) (6) of the Defense Pro­ of section 710(b) (6) of the Defense Pro­ Interests duction Act of 1950, as amended, and duction Act of 1950, as amended, and Ex­ In accordance with the requirements ecutive Order 10647 of November 28, Executive Order 10647 of November 28, 1955, the following changes have taken of section 710(b)(6) of the Defense 1955, the following changes have taken Production Act of 1950, as amended, and place in my financial interests during place in my financial interests during the past 6 months: Executive Order 10647 of November 28, the past 6 months: 1955, the following changes have taken ( 1) No change. (1) No change. place in my financial interests during (2) No change. (2) No change. the past 6 months: (3) No change. (3) No change. (4) No change. (4) No change. (1) No change. (2) No change. This statement is made as of August This statement is made as of August 3, (3) No change. 4, 1966. 1966. (4) No change. Dated: August 4, 1966. Dated: August 3, 1966. This statement is made as of August 9, 1966. G lenn J . H all. J ohn L awrence M cNea ley. [F.R. Doc. 66-9672; Filed, Sept. 2, 1966; [F.R. Doc. 66-9675; Filed, Sept. 2, 1966; Dated: August 9, 1966. 8:46 a.m.] 8:46 a.m.] J ohn P aul Neubauer. [F.R. Doc. 66-9678; Filed, Sept. 2, 1966; 8:46 a.m.] RUSSELL V. KNAPP CHARLES S. McNEER Statement of Changes in Financial Statement, of Changes in Financial RAFAEL R. RAMIREZ Interests Interests Statement of Changes in Financial In accordance with the requirements In accordance with the requirements Interests of section 710(b) (6) of the Defense Pro­ of section 710(b) (6) of the Defense Pro­ In accordance with the requirements duction Act of 1950, as amended, and Ex­ duction Act of 1950, as amended, and Executive Order 10647 of November 28, of section 710(b)(6) of the Defense ecutive Order 10647 of November 28, Production Act of 1950, as amended, ana 1955, the following changes have taken 1955, the following changes have taken place in my financial interests during the Executive Order 10647 of November 2 t place in my financial interests during 1955, the following changes have taken the past 6 months : past 6 months:

FEDERAL REGISTER, VOL, 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 NOTICES 11687 place in my financial interests during (1) No change. cultural Stabilization and Conservation the past 6 months: (2) Hawaiian Electric Co., Inc. Service, U.S. Department of Agriculture, (3) No change. Washington, D.C. 20250. (1) No change. (4) No change. (2) No change. Interest rates per annum under the (3) No change. This statement is made as of August CCC Export Credit Sales Program (An­ (4) No change. 4,1966. nouncement CSM-3) for September 1966 Dated: August 4,1966. are 5î4 percent for U.S. bank obligations This statement is made as of August 3, and 6% percent for foreign bank obliga­ 1966. C arl H. W illia m s. tions, without regard to credit periods Dated: August 3, 1966. [F.R. Doc. 66-9682; Filed, Sept. 2, 1966; involved up to a maximum of 36 months. R afael R . R amirez. 8:47 a.m.] Commodities currently offered for sale by CCC, plus tobacco from CCC loan [F.R. Doc. 66-9679; Filed, Sept. 2, 1966; stocks, are available for export sale un­ 8:46 a.m.] der the CCC Export Credit Sales Pro­ DEPARTMENT OF AGRICULTURE gram as provided under specific com­ LEROY J. SCHULTZ modity listings. Commodities from pri­ Commodity Credit Corporation vate stocks now eligible for financing Statement of Changes in Financial SALES OF CERTAIN COMMODITIES under the CCC Export Credit Sales Pro­ Interests gram include wheat, wheat flour, barley, September 1966 CCC Monthly Sales bulgur, com, cornmeal, grain sorghum, In accordance with the requirements upland and extra long staple cotton, to­ of section 710(b)(6) of the Defense List Production Act of 1950, as amended, and bacco, milled and brown rice, cottonseed Notice to buyers. Pursuant to the pol­ oil, soybean oil, and dairy products. Executive Order 10647 of November 28, icy of Commodity Credit Corporation is­ 1955, the following changes have taken Information on commodities available sued October 12,1954 (19 P.R. 6669), and under Title IV, P.L. 480, private trade place in my financial interests during the subject to the conditions stated therein past 6 months: agreements, and current information on as well as herein, the commodities listed interest rates and other phases of the (1) No change. below are available for sale and, where program may be obtained from the Office (2) No change. noted, for redemption of payment-in­ of the General Sales Manager, Foreign (3) No change. kind certificates on the price basis set (4) No change. Agricultural Service, U.S. Department of forth. Agriculture, Washington, D.C. 20250. The U.S. Department of Agriculture This statement is made as of August The following commodities are cur­ 22,1966. announced the prices at which CCC com­ modity holdings are available for sale rently available for new and existing Dated: August 22, 1966. beginning at 3 p.m., e.d.t., on August barter contracts: Cotton (upland and extra long staple), and tobacco. For L ero y J . S chütz. 31, 1966, and, subject to amendment, continuing until superseded by the Oc­ existing contracts, wheat, grain sorghum, [F.R. Doc. 66-9680; Filed, Sept. 2, 1966; and oats are also available. (In addi­ 8:47 a.m.] tober Monthly Sales List. The following commodities are available: Cotton (up­ tion, free market stocks of com, grain land and extra long staple), wheat, corn, sorghum, wheat, wheat flour, tobacco, CHARLES W. WATSON oats, barley, rye, rice, grain sorghum, ^cottonseed, and soybean oils are eligible peanuts, flax, and linseed oil. 'for barter programming, except that Statement of Changes in Financial Corn, oats, barley or grain sorghum, as hard red winter, hard red spring, and Interests determined by CCC, will be sold for un­ durum wheats, and flour produced from restricted use for “Dealers’ Certificates” those wheats, may not be exported In accordance with the requirements issued under the emergency livestock through West Coast ports.) This list is of section 710(b) (6) of the Defense feed program. Grain delivered against subject to change from time to time. Production Act of 1950, as amended, and such certificates will be sold at the ap­ The CCC will entertain offers from re­ Executive Order 10647 of November 28, plicable current market price, deter­ sponsible buyers for the purchase of any 1955, the following changes have taken mined by CCC. commodity on the current list. Offers place in my financial interests during the In the following listing of commodities accepted by CCC will be subject to the past 6 months: and sales prices or method of sales, “un­ terms and conditions prescribed by the (1) None. restricted use” applies to sales which per­ Corporation. These terms include pay­ (2) None. mit either domestic or export use and ment by cash or irrevocable letter of (3) None. “export” applies to sales which require credit before delivery of the commodity, (4) None. export only. CCC reserves the right to and the conditions require removal of the This statement is made as of August determine the class, grade, quality and commodity from CCC stocks within a 2,1966. available quantity of commodities listed reasonable period of time. Where sales for sale. are for export, proof of exportation is Dated: August 2, 1966. The CCC Monthly Sales List, which also required, and the buyer is responsible varies from month to month as addi­ for obtaining any required U.S. Govern­ Charles W . W atson. tional commodities become available or ment export permit or license. Pur­ [F.R. Doc. 66-9681; Filed, Sept. 2, 1966; commodities formerly available are chases from CCC shall not constitute 8:47 a.m.] dropped, is designed to aid in moving any assurance that any such permit or CCC’s inventories into domestic or ex­ license will be granted by the issuing CARL H. WILLIAMS port use through regular commercial authority. channels. Applicable announcements containing Statement of Changes in Financial If it becomes necessary during the all terms and conditions of sale will be Interests month to amend this list in any ma­ furnished upon request. For easy refer­ terial way—such as by the removal or ence a number of these announcements In accordance with the requirements addition of a commodity in which there are identified by code number in the fol­ of section 710(b)(6) of the Defense is general interest or by a significant lowing list. Interested persons are in­ Production Act of 1950, as amended, and change in price or method of sale—an vited to communicate with the Agricul­ F ^ u tiv e Order 10647 of November 28, announcement of the change will be sent tural Stabilization and Conservation n*o5, the following changes have taken to all persons currently receiving the list Service, USDA, Washington, D.C. 20250, by mail from Washington. To be put with respect to all commodities or—for Place in my financial interests during on this mailing list, address: Director, specified commodities—within the desig­ the past 6 months: Procurement and Sales Division, Agri­ nated ASCS Commodity Office.

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11688 NOTICES

Commodity Credit Corporation re­ 10(c)) is required to be placed on all tude, and to countries on the west coast of copies of the shipper’s export declaration, Central and South America. serves the right to amend from time to D. Available: Evanston, Kansas City, Min­ time, any of its announcements. Such all copies of the bill of lading, and all neapolis, and Portland ASCS offices. amendments shall be applicable to and copies of the commercial invoices. For be made a part of the sale contracts additional information as to which des­ C O R N , B U L K thereafter entered into. tination control statement to use, the ex­ Unrestricted use. CCC reserves the right to reject any porter should communicate with the Bu­ A. Redemption of domestic payment-in­ or all offers placed with it for the pur­ reau of International Commerce or one kind certificate. Such CCC dispositions of of the field offices of the Department of corn as CCC may designate will be in re­ chase of commodities pursuant to such demption of certificates or rights represented announcements. Commerce. by pooled certificates under a feed grain pro­ CCC reserves the right to refuse to Exporters should consult the appli­ gram. The price at which com shall be consider an offer, if CCC does not have cable Commerce Department regulations valued for such dispositions shall be the adequate information of financial re­ for more detailed information if desired market price as determined by CCC, but not sponsibility of the offerer to meet con­ and for any changes that may be made less than the payment-in-kind formula price tract obligations of the type contem­ therein. for such redemptions. Such formula price shall be the applicable 1965 price-support plated in this announcement. If a pros­ S a l e s P r ic e o r M e t h o d o f S a l e pective offerer is in doubt as to whether loan rate for the class, grade, and quality of WHEAT, BULK the corn plus the markup shown in C of this CCC has adequate information with re­ unrestricted use section. spect to his financial responsibility, he Unrestricted use. B. General sales. should either submit a financial state­ A. Storable. All classes of wheat in CCC 1. Storable. Such CCC dispositions of ment to the office named in the invitation inventory are available for sale at market storable corn as CCC may designate as gen­ price but not below 108 Rercent of the 1966 eral sales will be made during the month at prior to making an offer, or communicate support price for the claSs, grade, and pro­ with such office to determine whether market price, as determined by CCC, but tein of the wheat plus the markup shown in not less than the Agricultural Act of 1949 such a statement is desired in his case. C below applicable to the type of carrier formula m in im um price for such sales which When satisfactory responsibility has not involved. is 105 percent of the applicable 1965 price been established, CCC reserves the right B. Nonstorable. At not less than market support rate * (published loan rate plus 20 to consider an offer only upon submission price, as determined by CCC. cents per bushel) for the class, grade, and by offerer of a certified or cashier’s check, C. Markup and examples {dollars per quality of the corn, plus the markup shown a bid bond, or other security, acceptable bushel—in store). in C of this unrestricted use section. to CCC, assuring that if the offer is ac­ 2. Nonstorable. At not less than market cepted, the offerer will comply with any Markup in-store price as determined by. CCC. received by— C. Markups and examples (dollars per provisions of the contract with respect Examples—Agricultural Act of 1949; bushel in-store1 basis No. 2 Yellow Com to payment for the commodity and the Stat. minimum Truck Rail or 14 percent MT 2 percent F.M .). furnishing of performance bond or other barge security acceptable to CCC. Disposals and other handling of in­ Markup in­ $0.08 $0.04% Minneapolis—No. 1 DNS ($1.66) 108 store ventory items often result in small quan­ percent+$0.04%; $1.73%. received by— Examples tities at given locations or in qualities not Portland—No. 1 SW ($1.46) 108 per­ cent+$0.04%; $1.62%. up to specifications. These lots are of­ Kansas City—No. 1 HRW ($1.43) 108 Truck fered by the appropriate ASCS office percent+$0.04%; $1.59%. Chicago—No. 1 RW ($1.49) 108 per- promptly upon appearance and there­ cent+$0.04%; $1.65%. $0.17% Feed grain program domestic PIK fore, generally, they do not appear in the certificate mini mums: McLean . County, 111. ($1.06+$0.03 Monthly Sales List. D. Availability information. Contact the +$0.17%); $1.26%. „ On sales for which the buyer is re­ Agricultural Act of 1949 stat. mini- Evanston, Kansas City, Minneapolis, or Port­ mums: quired to submit proof to CCC of expor­ land ASCS grain offices shown at the end of McLean County, 111. ($1.06+$0.20 tation, the buyer shall be regularly en­ this sales list. +$0.03); 106 percent +$0.17%; gaged in the business of buying or selling Export. $1.53%. commodities and for this purpose shall Sales will be made pursuant to the follow­ maintain a bona fide business office in ing announcements : D. Availability information. For infor­ A. Announcement GR-345 (Revision III, mation on CCC corn sales and payments-in- the United States, its territories or pos­ July 6, 1962, as amended), wheat export pro­ kind from bin sites, contact ASCS State or sessions and have a person, principal, or gram. When Hard Red Winter, HRS or county offices. For information on the dis­ resident agent upon whom service of durum wheat is delivered on the west coast position of corn from other locations, con­ judicial process may be had. by CCC, evidence of export must show expor­ tact the Evanston, Kansas City, Minneapolis, Prospective buyers for export should tation from west coast ports. Exports of or Portland ASCS Grain Offices shown at the note that generally, sales to U S. Gov­ these classes of wheat through west coast end of this sales list. ernment agencies, with only minor ports will not be eligible for P.I>. 480 sales. Export. exceptions will constitute domestic un­ When sold through west coast ports for dol­ Corn is not available for export sale. lars, these wheats must be exported to des­ restricted use of the commodity. tinations west of the 170th meridian, west GRAIN SORGHUM (BULK) Commodity Credit Corporation re­ longitude and east of the 60th meridian, east Unrestricted use. serves the right, before making any sales, longitude, and to countries on the west coast A.\Redemption of domestic payment-in­ to define or limit export areas. of Central and South America. kind certificates. Such CCC dispositions of The Department of Commerce, Bureau B. Announcëment GR-346 (Revision I, grain sorghum as CCC may designate will be of International Commerce, pursuant to June 23, 1960, as amended) for export as in redemption of certificates or rights repre­ regulations under the Export Control Act flour. sented by pooled certificates under a feed of 1949, prohibits the exportation or re­ C. Announcement GR-261 (Revision II, grain program. The minimum price at Jan. 9, 1961, as amended and supplemented) which grain sorghum shall be valued for exportation by anyone of any commodi­ for export as wheat and under Announce­ such dispositions shall be market price, as ties under this program to Cuba, the ment GR-262 (Revision H, Jan. 9, 1961, as determined by CCC, but not less than the Soviet Bloc or Communist-controlled amended), for export as flour for application payment-in-kind formula price for such areas of the Par East including Com­ to barter commitments and contracts out­ redemption. Such formula price shall be munist China, North Korea, and the standing as of 3:30 p.m., e.d.t., on August 26, the applicable 1966 price-support loan rate Communist-controlled area of Viet Nam 1966, and to approved CCC credit sales only for the class, grade, and quality of the g^aiIJ except under validate^ license issued by at prices determined daily. Hard Red Win­ sorghum, plus the markup shown in C oi the U.S. Department of Commerce, ter, Hard Red Spring, and durum wheat will not be sold for barter through west coast the type of carrier involved. Bureau of International Commerce. ports under these announcements. Sales B. General sales. . For all exportations, one of the desti­ from the west coast under CCC Export Credit 1. Storable. Such CCC dispositions oi nation control statements specified in Program may only be exported to destina­ storable grain sorghum as CCC may des g- Commerce Department Regulations tions west of the 170th meridian, west longi­ nate as general sales will be made during (Comprehensive Export Schedule § 379.- tude and east of the 60th meridian, eas^longi­ month at market price, as determined y

-FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 NOTICES 11689

CCC, but not less than the Agricultural Act for such sales which is 105 percent of the ton, Kansas City, Minneapolis, or Portland of ,1949. formula minimum price for such applicable 1966 price-support rate 3 (pub­ ASCS grain offices. sales which is 105 percent of the applicable lished loan rate plus 20 cents per bushel) for Export. 1966 price-support rate 3 (published loan rate the class, grade, and quality of the barley, Sales are made at the applicable export plus 53 cents per hundredweight) for the plus the markup shown in C of this unre­ market; price, as determined by CCC; export class, grade, and quality of the grain sor­ stricted use section, applicable to the type payment rates, if any, are deducted in arriv­ ghum, plus the markup shown in C of this of carrier involved. ing at barter and credit sales prices. The unrestricted use section applicable to the 2. Nonstorable. At not less than market statutory minimum price referred to in the type of carrier involved. price as determined by CCC. price adjustment provisions of the follow­ 2, Nonstorable. At not less than market C. Markups and examples (dollars pering export sales announcements is 105 per­ price as determined by CCC. bushel in-store1 No. 2 or better), cent of the applicable price-support rate plus C. Markups and examples (dollars per the markup referred to in B of tiré unre­ hundredweight in-store1 No. 2 or better). stricted use section for oats. Sales will be Markup in-store received by— made pursuant to the following announce­ ments : Markup in-store Examples A. Announcement GR-368 (Revision 2, Mar. received by— Truck Examples Rail or 1, 1965, as amended), feed grain export pro­ barge gram. Truck Rail or barge $0.04% $0.03)4 Feed grain program domestic P IK B. Announcement GR-212 (Revision 2, certificate minimums: Jan. 9, 1961), for application to barter com­ $0.09 $0,03% Feed grain program domestic F IK Cass County, N. Dak. ($0.76+ mitments and contracts outstanding as of certificate mini mums: $0.07)4); $0.83)4. 3:30 p.m., e.d.t., on Aug ost 26, 1966, and to Hale County, Tex. ($1.50+$0.09); Minneapolis, Minn, (ex-rail) ($0.99 approved CCC credit sales. $1.59. +$0.04%); $1.03)4. Kansas City, Mo. (ex-rail) ($1.78+ Agricultural Act of 1949; statutory C. Available. Kansas City, Evanston, Min­ $0.03%); $1.81%. minimums. neapolis, and Portland ASCS grain offices. Agricultural Act of 1949; stat. mini- Cass County, N. Dak. ($0.76+ $0.20); 105 percent +$0.07)4; R Y E , B U L K mums: $1.08%. Hale County, Tex. ($1.50+$0.53); Unrestricted use. 105 percent +$0.09; $2.23. Minneapolis, Minn, (ex-rail) ($0.99 Kansas City, Mo, (ex-rail) ($1.78+ +$0.20); 105 percent +$0.04%; A. Storable. Market price, as determined $0.53); 105 percent +$0.03%; $1.29%. by CCC, but not less than the Agricultural $2.46)+. Act of 1949 formula price which is 105 per­ D. Availability information. For informa­cen t2 of the applicable 1966 price-support D. Availability information. For informa­tion on CCC barley sales from bin sites, con­ rate for the class, grade, and quality of the tion on CCC grain sorghum sales and pay- tact ASCS State or county offices. For in­ grain plus the markup shown in B below niënts-in-kind from bin sites, contact ASCS formation on the disposition of barley from applicable to the type of carrier involved. State or county offices. For information on other locations, contact the Kansas City, B. Markups and examples (dollars per the disposition of grain sorghum from other Evanston, Minneapolis, or Portland ASCS bushel in-store1 No. 2 or better). locations, contact the Kansas City, Evanston, grain offices shown at the end of this sales list. Portland, or Minneapolis ASCS grain offices Markup in-store shown at the end of this sales list. Export. received by— Export. Sales are made at the applicable export Examples—Agricultural Act of 1949; market price, as determined by CCC; export Stat, minimum Sales are made at the applicable export Truck Rail or market price, as determined by CCC; export payment rates, if any, are deducted in arriv­ barge payment rates, if any, are deducted in arriv­ ing at credit sales prices. The statutory ing at barter and credit sales prices. The minimum price referred to in the price ad­ statutory minimum price referred to in the justment provisions of the following export $0.08 $0.04% Rollete County, N. Dak. ($0.89); 105 sales announcements is 105 percent of the percent+$0.08; $1.02. price adjustment provisions of the following Minneapolis, Minn, (ex-rail) ($1.23); export sales announcements is 105 percent applicable price-support rate plus the mark­ 105 percent+$0.04%; $1.34%. of the applicable price-support rate plus the up referred to in C of the unrestricted use markup referred to in C of the unrestricted section for barley. Sales will be made pur­ use section of grain sorghum. Sales will be suant to the following announcements. C. Nonstorable. At hot less than market made pursuant to the following announce­ A. Announcement GR-368 (Revision 2, price as determined by CCC. ments: Mar. 1, 1965, as amended), feed grain export D. Availability information. Sales at bin A. Announcement GR-368 (Revision 2, program. sites are made through ASCS county offices; Mar. 1, 1965, as amended), feed grain export B. Announcement GR-212 (Revision 2, at other locations through the Evanston, program. Jan. 9, 1961), for application to approved CCC Kansas City, Minneapolis, or Portland ASCS B. Announcement GR-212 (Revision 2, credit sales. grain offices. Jan. 9, 1961), for application to barter com­ C. Available: Kansas City, Evanston, and Export. mitments and contracts outstanding as of Minneapolis ASCS grain offices. Sales are made at the applicable export market price, as determined by CCC; export 3:30 pm., e.d.t., on August 26, 1966, and to O A TS, B U L K approved CCC credit sales. payment rates, if any, are deducted in ar­ C. Available. Evanston, Kansas City, Min­ Unrestricted use. riving at credit sales prices. The statutory neapolis, and Portland ASCS grain offices. A. Market price, as determined by CCC, but minimum price referred to in the price ad­ not less than the Agricultural Act of 1949 justment provisions of the following export BARLEY, BULK formula price which is 105 percent of the ap­ sales announcements is 105 percent of the Unrestricted Use. plicable 1966 price-support ra te 2 for the class, applicable price-support rate plus the markup referred to in B of the unrestricted use sec­ A. Redemption of domestic payment-in- grade, and quality of the oats plus the mark­ up shown in B below. tion for rye. Sales will be made pursuant m d certificates. Such CCC dispositions of to the following announcements: arley as CCC may designate will be in re­ B. Markups and examples (dollars per bushel in-store1 basis No. 2 XHWO). A. Announcement GR-368 (Revision 2, demption of certificates or rights represented Mar. 1, 1965, as amended), feed grain export y pooled certificates under a feed grain pro- program. j’T3™- The minlmum Price at which barley Markup In­ store received B. Announcement GR-212 (Revision 2, snail be valued for such dispositions shall be Jan . 9, 1961), for application to approved market price, as determined by CCC, but not b y - Examples—Agricultural Act of 1949; Stat. minimum CCC credit sales. less than the payment-in-kind formula price C. Available. Evanston, Kansas City, Rh n ademptions. Such formula price Truck snail be the applicable 1966 price-support Portland, and Minneapolis ASCS grain offices. t, on, rate for the class, grade, and quality of RICE, ROUGH $0.05% Redwood County, Minn. ($0.56+$0.03 . barley, plus the markup shown in C of quality differential); 105 percent Unrestricted use. m? _ unrestricted use section applicable to +$0.05%; $0.67%. type of carrier involved. Market price but not less than 1966 loan B. General sales. rate plus 5 percent, plus 16 cents per hun­ C. Nonstorable. At not less than the mar­ dredweight, basis in store. storarZ0rZb1f' Such c c c dispositions of ket price as determined by CCC. Export. erni Vo, M.ley as CCC may designate as gen- - les Y111 be made during the month at D. Availability information. Sales at bin As milled or brown under Announcement GR-369 (Revision III, as amended), rice ex­ OfitnSiPA ?e,,but not less than the Agri- sites are made through the ASCS county of­ al Act of formula minimum port program*—and under GR-379 (Revision 1949 price fices; at other locations through the Evans- I) i for approved credit sales.

FÉDÉRAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11690 NOTICES

Prices, quantities, and varieties of rough sibility, weekly lot lists are issued by the by press release from the Minneapolis ASCS rice available from Kansas City ASCS Com­ following: Commodity Office each Wednesday. modity Office. GFA Peanut Association, Camilla, Ga. BUTTER COTTON, UPLAND Peanut Growers Cooperative Marketing As­ Unrestricted use. sociation, Franklin, Va. Unrestricted use. A. Competitive offers under the terms and Southwestern Peanut Growers’ Association, Announced prices, under MP-14: 70.5 cents conditions of Announcement NO-C-32 (Sale Gorman, Tex. per pound—New York, Pennsylvania, New of Upland Cotton for Unrestricted U se). Un­ All sales are made on the basis of com­ Jersey, New England, and other States der this announcement, upland cotton petitive bids each Wednesday, by the Pro­ bordering the Atlantic Ocean and Gulf of acquired under price-support programs will ducer Associations Division, Agricultural Mexico. 69.75 cents per pound—Washing­ be sold at the highest price offered but in no Stabilization and Conservation Service, ton, Oregon, and California. All other States event at less than the higher of (a) 110 Washington, D.C., to which all bids are 69.50 cents per pound. percent of the current loan rate for such submitted. Export. cotton, or (b) the market price for such cot­ FLAXSEED, BULK Competitive bid under Announcement MP-10, pursuant to invitations to bid to be ton, as determined by CCC. Unrestricted use. B. Competitive offers under the terms and issued by Minneapolis ASCS Commodity Of­ A. Storable. Market price but not less fice. Sales under this announcement may be conditions of Announcement NO—C—31 (Dis­ than the applicable 1966 support price for position of Upland Cotton—In Redemption made for application to barter and CCC the class, grade, and quality of flaxseed plus credit. of Payment-In-Kind Certificates or Rights 14 y2 cents per bushel, and plus the respective in Certificate Pools, In Redemption of Ex­ Any butter offered but not sold under the markup shown in B below applicable to the invitation to bid issued pursuant to MP-10 port Commodity Certificates, Against the type of carrier involved. “Shortfall,” and Under Barter Transactions), will be offered for sale through the following B. Markups and examples (dollars per Monday noon at prices announced by press as amended. Cotton may be acquired at its bushel in-store *). current market price, which shall be the release from the Minneapolis ASCS Com­ highest price offered but not less than the modity Office each Wednesday. minimum determined by CCC, and in no Markup per Examples of minimum prices CHEDDAR CHEESE event at less than the loan rate for such bushel received (ex-rail or barge) cotton. by— (Standard Moisture Basis) Exfport. Unrestricted use. CCC disposals for barter (1966-67 market­ Truck Rail or Terminal Class and Price barge grade Announced prices, under MP-14: 49 cents ing year). Competitive offers under the per pound—New York, Pennsylvania, New terms and conditions of Announcements England, New Jersey, and other States ON-EX-28 (Acquisition of Upland Cotton for Cents Cents $3.34)^ bordering the Atlantic Ocean and Pacific Export under the Barter Program) and $0.09J3 $0.05 Minneapolis. - No. 1...... - Ocean and the Gulf of Mexico. All other NO-C-31 (described above), as amended. States 48 cents per pound. COTTON, EXTRA LONG STAPLE C. Nonstorable. At not less than market Export. price as determined by CCC. Competitive bid under Announcement Unrestricted use. D. Available. Through the Minneapolis MP-10, pursuant to invitation to bid to be Competitive offers under the terms and Grain Merchandising ASCS Office. issued by Minneapolis ASCS Commodity conditions of Announcements NO—C—6 (re­ Export. Office. Announced prices under MP-10. vised July 22, 1960), as amended, and NO-C- A. Announcement PS—GR—4, Revision 1, as Sales under this announcement may be made 10, as amended. Under these announce­ amended, dispositions of flaxseed, as desig­ for application to CCC credit. ments extra long staple cotton (domestically nated by CCC, will be in redemption of ex­ Any cheese offered but not sold under the grown) will be sold at the highest price of­ port commodity certificates at the domestic invitation to bid issued pursuant to MP-10 fered but in no event at less than the higher market price as determined by CCC. will be offered for sale through the follow­ of (a) 115 percent of the current support B. Announcement GR-212 (Revision 2, ing Monday noon at prices announced by price for such cotton plus reasonable carry­ Jan. 9, 1961), for application to approved press release from the Minneapolis ASCS ing charges, or (b) the domestic market price CCC credit sales. Such sales will be at the Mommodity Office each Wednesday. as determined by CCC. domestic market price as determined by CCC Commodity Office each Wednesday. Export. less the applicable oxport payment allow­ A. CCC sales for export. Competitive of­ ance. The flaxseed to be exported shall be FOOTNOTES fers under the terms and conditions of No. 2 grade, or better. 1 The formula price delivery basis for bin Announcements CN-EX-20 (Foreign-Grown C. Available. Through the Minneapolis site sales will be f.o.b. Extra Long Staple Cotton Export Program) Grain Merchandising ASCS Office. 2 To compute, multiply applicable support and NO-C—23 (Sale of Foreign-Grown Extra price by 1.05 round product up to nearest Long Staple Cotton), as amended. LINSEED OIL, RAW (BULK) whole cent and add amount shown in the Competitive offers under the terms and Export. appropriate table and any applicable freight conditions of Announcements CN-EX—22 Under Announcement PS-GR—4, Revision and handling charges. (Extra Long Staple Cotton Export Program) 1, as amended, dispositions of raw linseed and NO-C-27 (Sale of Extra Long Staple oil, as designated by CCC, will be in redemp­ USDA Agricultural S tabilization and Cotton), as amended. tion of export commodity certificates at the Conservation S ervice Offices B. CCC credit sales and barter. Competi­ domestic market price as determined by CCC. GRAIN OFFICES tive offers under the terms and conditions Available. Through the Minneapolis ASCS of Announcements CN-EX-26 (Purchase of Commodity Office, Kansas City ASCS Commodity Office, 8930 Extra Long Staple Cotton for Export under Ward Parkway (P.O. Box 205), Kansas the Export Credit Sales Program), or ON­ DAIRY PRODUCTS City, Mo. 64141. Telephone: Emerson EX-27 (Acquisition of Extra Long Staple Sales are in carlots only in-store at storage 1-0860. Cotton for Export under the Barter Pro­ location of products. Alabama, Alaska, Arkansas, Colorado, gram), and NO-C-27 (Sale of Extra Long Submission of offers. Florida, Georgia, Hawaii, Kansas, Louisi­ Staple Cotton), as amended. Submit offers to the Minneapolis ASCS ana, Mississippi, Missouri, Nebraska, Availability information. Sale of cotton Commodity Office. New Mexico, North Carolina, Oklahoma, will be made by the New Orleans ASCS Com­ NONFAT DRY MILK South Carolina, Tennessee, Texas, and modity Office and catalogs for upland cot­ ton and extra long staple cotton showing Unrestricted use. Wyoming. quantities, qualities, and location may be Announced prices, under MP-14: Spray Branch Office—Evanston ASCS Branch obtained for a nominal fee from that office. process, U.S. Extra Grade, 21.60 cents per Office, 2201 Howard Street, Evanston, PEANUTS, SHELLED pound. 111. 60202. Telephone: Long D istan ce- Export. University 9—0600 (Evanston Exchange) ■ A. Domestic crushing or export. Competitive bid, under MP-10, pursuant Local—Rogers Park 1—5000 (Chicago, 1. Shelled peanuts of less than U.S. No. 1 to invitation to bid to be issued by Minne­ grades may be purchased for foreign or do­ apolis ASCS Commodity Office. Sales under HI.). mestic crushing. this announcement may be made for appli­ Connecticut, Delaware, Illinois, Indiana, 2. U.S. Medium—Virginia type—for export. cation to barter and approved CCC credit. Iowa, Kentucky, Maine, Maryland, Massa­ 3. Terms and conditions of sales as set Any nonfat dry milk offered but not sold chusetts, Michigan, New Hampshire, New forth in Peanut Announcement PR-1 effec­ under the invitation to bid issued pursuant Jersey, New York. Ohio, Pennsylvania, tive July 1, 1966, and the lot list. Rhode Island, Virginia, Vermont, and B. When stocks of any of the above cate­ to MP-10 will be offered for sale through the gories are available in their area of respon­ following Monday noon at prices announced West Virginia.

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 NÖTIGES 11691

Branch Office—Minneapolis, ASCS Branch W y o m i n g It has also been determined that in the Office, 310 Grain Exchange Building, Campbell. Lincoln. hereinafter-named counties in the State Minneapolis, Minn. 55415. Telephone: Converse. Niobrara. of Nebraska the above-mentioned nat­ 334-2051. Crook. Sheridan. ural disasters have caused a continuing Minnesota, Montana, North Dakota, South Johnson. Weston. Dakota, and Wisconsin. need for agricultural credit not readily Branch Office—Portland. ASCS Branch Pursuant to the authority set forth available from commercial banks, coop­ Office, 1218 Southwest Washington Street, above, emergency loans will not be made erative lending agencies, or other re­ Portland, Oreg. 97205. Telephone: in the above-named counties after June sponsible sources. 226-3361. Idaho, Nevada, Oregon, Utah, and Wash­ 30, 1967, except to applicants who previ­ ously received emergency or special live­ Nebraska Original First Present ington (domestic and export sales), designation extension extension Arizona and California (export sales stock loan assistance and who can only). qualify under established policies and B oone____ 28 F .B . 9402. 30 F.R . 7616. 31 F.R . 5843 Branch Office—Berkeley ASCS Branch procedures. Greeley___ 28 F.R . 9402. 30 F.R . 7616. 31 F.R . 5843 Office, 2020 Milvia Street, Berkeley, Calif. Wheeler___ 30 F.R . 7616. 31 F.R . 5843 94704. Telephone: Thornwall 1-5121. Done at Washington, D.C., this 31st Arizona and California (domestic sales day of August 1966. only). Pursuant to the authority set forth O rville L. F reeman, above, emergency loans will not be made PROCESSED COMMODITIES OFFICE ---- (ALL STATES) Secretary. in the above-named counties after June Minneapolis ASCS Commodity Office, 6400 [F.R. Doc. 66-9704; Filed, Sept. 2, 1966; 30, 1967, except to applicants who pre­ Prance Avenue South, Minneapolis, Minn. 8:49 a.m.] viously received emergency or special 55435. Telephone: 334-3200. livestock loan assistance and who can COTTON OFFICES ---- (ALL STATES) qualify under established policies and IDAHO, NEBRASKA, VIRGINIA, New Orleans ASCS Commodity Office, procedures. WEST VIRGINIA Wirth Building, 120 Marais Street, New Done at Washington, D.C., this 31st Orleans, La. 70112. Telephone: 527-7766. Designation and Extension of Areas day of August 1966. GENERAL SALES MANAGER OFFICES for Emergency Loans O rville L. F reeman, Representative of General Sales Manager, Secretary. New York Area: Joseph Reidinger, 80 For the purpose of making emergency Lafayette Street, New York, N.Y. 10013. loans pursuant to section 321 of the Con­ [F.R. Doc. 66-9705; Filed, Sept. 2, 1966; Telephone: 264-8439, 8440, 8441. solidated Farmers Home Administration 8:49 a.m.] Representative of General Sales Manager, Act of 1961 (7 U.S.C. 1961), it has been West Coast Area: Callan B. Duffy, Ap­ determined that in the hereinafter- praisers’ Building, Room 802, 630 Sansome named counties in the States of Idaho, Street, San Francisco, Calif. 94111. Tele­ phone: 556-6185. Nebraska, Virginia, and West Virginia ATOMIC ENERGY COMMISSION natural disasters have caused a need for [Docket Nos. 50-254, 50-265] (Sec. 4, 62 Stat. 1070, as amended: 15 U.S.C. agricultural credit not readily available 714b. Interpret or apply Sec. 407, 63 Stat. from commercial banks, cooperative COMMONWEALTH EDISON CO. 1066; Sec. 105, 63 Stat. 1051, as amended by lending agencies, or other responsible 76 Stat. 612; Secs. 303, 306, and 307, 76 Stat. sources. Notice of Receipt of Application for 614-617; 7 U.S.C. 1441 (note)) Construction Perm if and Facility I daho Signed at Washington, D.C., on August License 31, 1966. Boise. Lemhi. Custer. In an application dated May 31, 1966, E. A. J aenke, Commonwealth Edison Co., 72 West Acting Executive Vice President, Nebraska Adams Street, Chicago, 111. 60690, filed Commodity Credit Corporation. Butler. Nance. an application for a construction permit [Pit. Doc. 66-9714; Filed, Sept. 1, 1966; Colfax. Platte. and facility license to authorize construc­ 9:57 a.m.] Virginia tion and operation of a single cycle, Albemarle. Highland. forced circulation, boiling water nuclear Office of the Secretary Augusta. Nelson. reactor at its Quad-Cities Station near Fluvanna. Orange. Cordova in Rock Island County, 111. A DELAWARE, IOWA, MARYLAND, Franklin. Pittsylvania. notice of receipt of the application was Greene. WYOMING Roanoke. published in the F ederal R eg ister on Henry. Spotsylvania. Designation of Areas for Emergency June 17, 1966 (31 F Jt. 8503). Loans West Virginia Please take notice that Commonwealth Barbour. Mineral. Edison Co., pursuant to section 104(b) For the purpose of making emergencj Boone. Mingo. of the Atomic Energy Act of 1954, as loans pursuant to section 321 of the Con­ Braxton. Monongalia. amended, has filed an application solidated Farmers Home Administratior Brooke. Monroe. amendment dated August 18, 1966, re­ Act of 1961 (7 U.S.C. 1961), it has beer Cabell. Nicholas. questing authorization to construct and determined that in the hereinafter - Calhoun. Ohio. operate a second single cycle, forced cir­ named counties in the States of Dela­ Clay. Pendleton. Doddridge. culation, boiling water nuclear reactor ware, Iowa, Maryland, and Wyoming Pleasants. at the applicant’s Quad-Cities Station, natural disasters have caused a need for Fayette. Pocahontas. Gilmer. Preston. an approximately 488-acre site. The agricultural credit not readily available Grant. Putnam. proposed reactors, designated by the ap­ from commercial banks, cooperative Greenbrier. Raleigh. plicant as the Quad-Cities Units 1 and lending agencies, or other responsible Hampshire. Randolph. 2, will each have a design capacity of sources. Hancock. Ritchie. approximately 2,600 thermal megawatts Delaware Hardy. Roane. but will be operated initially at approxi­ Sussex. Harrison. Summers. I owa Jackson. Taylor. mately 2,300 thermal megawatts with a Lyon. Kanawha. Tucker. net electrical output of 715 megawatts. Maryland Lewis. Tyler. Copies of the original application and Lincoln. Upshur. the amendment are available for public Anne ArundeL Hartford. Logan. Baltimore. . Webster. inspection at the Commission’s Public Howard. McDowell. Wetzel. Caroline. Montgomery. Document Room, 1717 H Street NW., Carroll. Marlon. Wirt. Washington, D.C. Prince Georges. Marshall. Wood. Charles. Washington. Frederick. Mason. Wyoming. Dated at Bethesda, Md., this 30th day Mercer. of August 1966.

No. 172 FEDERAL REGISTER, V O L.-31r NO. 172— -SATURDAY, SEPTEMBER 3, 1966 um NOTICES

For the Atomic Energy Commission. regulations set forth in Title 10, Chapter 1, B. Technical Specifications. The Tech­ CFR; nical Specifications contained in Appendix E. G. Case, b. There is reasonable assurance that (i) A 1 to this license (hereinafter “the Tech­ Acting Director, the activities authorized by this license, as nical Specifications”) are hereby incorpo­ Division of Reactor Licensing. amended, can be conducted at the desig­ rated in this license. The licensee shall op­ nated location without endangering the erate the reactor only in accordance with the [F.R. Doc. 66-9692; Filed, Sept. 2, 1966; health and safety of the public, and (ii) such Technical Specifications. No changes shall 8:48 a.m.] activities will be conducted in compliance be made in the Technical Specifications un­ with the rules and regulations of the Com­ less authorized by the Commission as pro­ mission; vided in 10 CFR § 50.59. [Docket No. 50-77] c. The Catholic University of America is C. Authorisation of Changes, Tests, and technically and financially qualified to en­ Experiments. The licensee may (1) make CATHOLIC UNIVERSITY OF AMERICA gage in the activities authorized by this changes in the reactor as described in the Notice of Issuance of Facility license, as amended, in accordance with the hazards summary report, (2 ) make changes rules and regulations of the Commission; in the procedures as described in the hazards License Amendment d. The Catholic University of America is a summary report, and (3) conduct tests or nonprofit educational institution and will experiments not described in the hazards Please take notice that the Atomic operate the reactor for the conduct of educa­ summary report only in accordance with the Energy Commission has issued, effective tional activities. The Catholic University of provisions of 10 CFR § 50.59 of the Com­ as of the date of issuance, Amendment America is therefore exempt from the finan­ mission’s regulations. No. 5, set forth below, to Facility License cial protection requirement of subsection D. Reports. In addition to reports other­ No. R-31. The license, as previously 170a. of the Atomic Energy Act of 1954, as wise required under this license and ap­ amended, authorizes the Catholic Uni­ amended; plicable regulations: versity of America to operate its Model e. The issuance of this license amendment (1) The licensee shall inform the Com­ AGN-201, Serial No. 101, reactor on its will not be inimical to the common defense mission of any incident or condition relat­ and security or to the health and safety of ing to the operation of the reactor which campus in Washington, D.C. The the public; and prevented or could have prevented a nuclear amendment incorporates T e c h n ic a l f. Prior public notice of proposed issuance system from performing its safety function Specifications into the license as re­ of this amendment is not required since the as describèd in the Technical Specifications quested in the application for license amendment does not involve significant haz­ or in the hazards summary report. For each amendment dated August 10, 1966. ards considerations different from those pre­ such occurrence, the licensee shall promptly Within fifteen (15) days from the date viously evaluated; notify by telephone or telegraph the Director of the appropriate Atomic Energy Commis­ F ed­ of publication of this notice in the Facility License No. R—31, as amended, is sion Regional Compliance Office listed in eral R eg ister , the licensee may file a re­ hereby amended in its entirety to read as Appendix D of 10 CFR 20 and shall submit quest for a hearing and any person follows : within ten ( 10) days a report in writing to whose interest may be affected by this 1. This license applies to the homogeneous the Director, Division of Reactor Licensing, proceeding may file a petition for leave nuclear reactor Model AGN-201, Serial No. with a copy to the Regional Compliance to intervene. Requests for a hearing and 101, nuclear reactor (hereinafter “the reac­ Office. • petitions to intervene shall be filed in tor”) which is owned by the Catholic Uni­ (2) The licensee shall report to the Com­ versity of America (hereinafter “the licen­ mission in writing within 30 days of its ob­ accordance with the Commission’s rules see”), located on the Catholic University of served occurrence any substantial variance of practice, 10 CFR Part 2. If a request America’s campus in Washington, D.C., and disclosed by operation of the reactor from for a hearing or a petition for leave to described in the application for license dated performance specifications contained in the intervene is filed within the time pre­ July 10, 1957, as amended (hereinafter “the hazards summary report or the Technical scribed in this notice, the Commission application”). Specifications. will issue a notice of hearing or an ap­ 2. Subject to the conditions and require­ (3) The licensee shall report to the Com­ propriate order. ments incorporated herein, the Atomic En­ mission in writing within 30 days of its oc­ For further details with respect to this ergy Commission (hereinafter “the Com­ currence any significant change in transient mission”) hereby licenses the Catholic Uni­ or accident analysis, as described in the haz­ amendment, see (1) the application for ards summary report. license amendment, (2) a related safety versity of America: A. Pursuant to section 104c. of the Atomic E. Records. In addition to those other­ evaluation prepared by the Research and Energy Act of 1954, as amended (hereinafter wise required under this license and ap­ Power Reactor Safety Branch of the Di­ “the Act”), and-Title 10, CFR, Chapter 1, plicable regulations, the licensee shall keep vision of Reactor Licensing, and (3) the Part 50, “Licensing of Production and Utili­ the following records: Technical Specifications, all of which are zation Facilities,” to possess, use and oper­ (1) Reactor operating records, including available for public inspection at the ate the reactor as a utilization facility at the power levels. Commission’s Public Document Room, designated location in Washington, D.C. (2 ) Records of in-pile irradiations. B. Pursuant to the Act and Title 10, CFR, (3) Records showing radioactivity released 1717 H Street NW., Washington, D.C. or discharged into the air or water beyond Copies of items (2) and (3) above may Chapter 1, Part 70, “Special Nuclear Ma­ terial,” to receive, possess and use in connec­ the effective control of the licensee as meas­ be obtained at the Commission’s Public ured at the point of such release or dis­ Document Room, or upon request ad­ tion with operation of the reactor, up to 700 grams of uranium-235 contained in reactor charge. dressed to the Atomic Energy Commis­ fuel. (4) Records of emergency reactor scrams, sion, Washington, D.C. 20545, Attention: including reasons for emergency shutdowns. Director, Division of Reactor Licensing. C. Pursuant to the Act and Title 10, CFR, 4. This license, as amended, is effective Chapter 1, Parts 70 and 30, “Rules of Gen­ as of the date of issuance and shall expire Dated at Bethesda, Md., this 29th day eral Applicability to Licensing of Byproduct at midnight, November 15,1977, unless sooner of August 1966. Material,” to possess, but not to separate, terminated. such byproduct material as may be produced For the Atomic Energy Commission. by operation of the reactor. Date of issuance: August 29,1966. E . G. C ase, 3. This license shall be deemed to contain For the Atomic Energy Commission. Acting Director, and is subject to the conditions specified in §§ 50.54 and 50.59 of Part 50, § 70.32 of Part E. G. Case, Division of Realtor Licensing. 70 and § 30.32 of Part 30 of the Commission’s Acting Director, [License No. R-31; Amdt. 5] regulations; is subject to all applicable pro­ Division of Reactor Licensing. visions of the Act and rules, regulations and F acility Licen se Amendment [FJt. Doc. 66-9656; Filed, Sept. 2, 1966; orders of the Commission now or hereafter in 8:45 a.m.] The Atomic Energy Commission having effect; and is subject to the additional con­ found that: ditions specified below: a. The application for license amendment A. Maximum Power Level. The licensee is 1 This item was not filed with the Office dated August 10, 1966, complies with the re­ authorized to operate the reactor at steady of the Federal Register but is available for quirements of the Atomic Energy Act of state power levels up to a maximum of 0.1 inspection in the Public Document Room of 1954, as amended, and the Commission’s watt thermal. the Atomic Energy Commission.

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 NOTICES 11693

FEDERAL POWER COMMISSION Docket No. Price per Pres­ and Applicant Purchaser, field, and location Mcf sure [Docket Nos. G-3270, etc.] date filed base MARSHALL R. YOUNG OIL CO., ET AL. G-3270.... Marshall R. Young Oil Co., et United Gas Pipe Line Co., Ban­ 10.4970 15.025 7-’2&-66 » al. (formerly Marshall R. croft and South Bancroft Fields, Notice of Applications for Certificates, Young Drilling Co., et al.), Beauregard Parish, La. 750 West Fifth St., Fort Abandonment of Service and Peti­ Worth, Tex. 76102. tions To Amend Certificates 1 G-10181___ Houston Natural Gas Produc­ Texas Eastern Transmission Corp., 13.8733 14. 65 E 7-25-66 tion Co. (Operator), et al. (a Salem Field, Victoria County, ugust Delaware corporation) (suc­ Tex. A 24,1966. cessor to Houston Natural Take notice that each of the Appli­ Gas Production Co.) (Oper­ ator), et al. (a Texas corpora­ cants listed herein has filed an applica­ tion) 2 Post Office Box 1188, tion or petition pursuant to section 7 of Houston, Tex. 77001. - G-11861___ Mobil Oil Corp., Post Office Cities Service Gas Co., Hardtner Depleted the Natural Gas Act for authorisation to D 8-15-66 Box 2444, Houston, Tex. Field, Barber County, Kans. sell natural gas in interstate commerce 77001 (partial abandonment). or to abandon service heretofore author­ G-12020-... Houston Natural Gas Produc­ Tennessee Gas Pipeline Co., a di­ 15.3333 14.65 7-25-66 3 tion Co., a Delaware corpora­ vision of Tenneco, Inc., Rob ized as described herein, all as more fully tion (formerly Morgan Min­ Welder Field, Victoria County, described in the respective applications erals Corp.). Tex. G-12021... ____ do...... i ...... Tennessee Gas Pipeline Co., a di­ 14.6 14. 65 and amendments which are on file with 7-25-66 3 vision of Tenneco, Inc., Morgan the Commission and open to public in­ Field, San Patricio County, Tex. G-12245___ Marshall R. Young Oil Co. United Gas Pipe Line Co., Ansley * 19. 5 15.025 spection. 7-20-66 1 (formerly Marshall R. Young ' Field, Hancock County, Miss. Protests or petitions to intervene may Drilling Co.). G-127Ó7... Houston Natural Gas Produc­ Texas Gas Pipe Line Corp., Big 15.0 14.65 be filed with the Federal Power Com­ E 7-25-66 tion Co. (Operator), et al. (a Hill Area, Jefferson and Cham­ mission, Washington, D.C. 20426, in ac­ Delaware corporation) (suc­ bers Counties, Tex. cordance with the rules of practice and cessor to Houston Natural Texas Eastern Transmission Corp., 12.1890 14.65 Gas Production Co.) (Oper­ Hankamer Field, Liberty Coun­ procedure (18 CFR 1.8 or 1.10) on or ator) , et al. (a Texas corpo­ ty, Tex. before September 19,1966. ration).2 G-13746___ Mobil Oil Corp. (partial aban­ Transcontinental Gas Pipe Line (s) Take further notice that, pursuant to D 8-15-66 donment). Corp., West Cameron Block 110 the authority contained in and subject to and Eugene Island Block 128 Fields, Offshore La. the jurisdiction conferred upon the "Fed­ G-15714...... Humble Oil & Refining Co. Transwestern Pipeline Co., acreage Assigned eral Power Commission by sections 7 and D 8-15-66 (Operator), et al., Post Office in Lipscomb County, Tex. 15 of the Natural Gas Act and the Com­ Box 2180. Houston, Tex. 77001. G-19246____ American Petrofina Co. of Texas Texas Gas Transmission Corp., 11.7714 15.025 mission’s rules of practice and procedure, E 6-20^66 « (Operator), et al., (successor Mallard Bay Field, Cameron a hearing will be held without further to Graridge Corp. (Operator), Parish, La. et al.), Post Office Box 2159, notice before the Commission on all ap­ Dallas, Tex. 76221. plications in which no protest or petition G-19546__ _ Houston Natural Gas Produc­ Transcontinental Gas Pipe Line C) 14.65 E 7-25-66 tion Co. (Operator), et al. (a Corp., South Mineral Unit, Min­ to intervene is filed within the time re­ Delaware corporation) (suc­ eral Field, Bee County, Tex. quired herein if the Commission on its cessor to Houston Natural Texas Eastern Transmission Corp., » 14.3733 14.65 Gas Production Co. (Oper­ Holzmark-Wilcox Field, Bee own review of the matter believes that ator) , et al.) (a Texas corpora- County, Tex. a grant of the certificates or the authori­ . tion).2 Transcontinental Gas Pipe Line C) 14.65 zation for the proposed abandonment is Corp., Mineral Unit, Mineral Field, Bee County, Tex. required by the public convenience and Transcontinental Gas Pipe Line C) 14.65 necessity. Where a protest or petition Corp., Ray-Wilcox Field, Bee County, Tex. for leave to intervene is timely filed, or Transcontinental Gas Pipe Line 10.92060 14.65 where the Commission on its own motion Corp., South Mineral Unit, Min­ believes that a formal hearing is re­ eral Field, Bee County, Tex. G-19628- - - Houston Natural Gas Produc­ Valley Gas Transmission, Inc., 15.0 14.65 quired, further notice of such hearing 7-25-66 3 tion Co., Operator, a Del­ Good Friday Field, Duval aware corporation (formerly County, Tex. will be duly - given: Provided, however, Morgan Minerals Corp., That pursuant to § 2.56, Part 2, Statey Operator). ment of General Policy and Interpreta­ G-19629__ — do-...... -...... Valley Gas Transmission, Inc., La 15.0 14.65 7-25-66 5 Huerta Field, Duval County, tions, Chapter I of Title 18 of Code of Tex. Federal Regulations, as amended, all G-19630- - - do. Valley Gas Transmission, Inc., 15.0 14.65 7-25-66» Orcones Field, Duval County, permanent certificates of public conven­ Tex. ience and necessity granting applica­ G-20054___ Houston Natural Gas Produc­ Tennessee Gas Pipeline Co., a divi­ 14.5 14.65 E 7-25-66 tion Co. (Operator), et al. (a sion of Tennetco, Inc., Southwest tions, filed after April 1,5, 1965, without Delaware corporation) (suc­ Garwood Field, Lavaca and Colo- further notice, will contain a condition cessor to Houston Natural Gas ~ rado Counties, Tex. Production Co.) (Operator), precluding any filing of an increased et al. (a Texas corporation).2 rate at a price in excess of that desig­ G-20138___ Pubco Petroleum Corp., Post El Paso Natural Gas Co., South 12.0 15.025 nated for the particular area of produc­ C 8-15-66 Office Box 869, Albuquerque, Blanco Pictured Cliffs Field, Rio N. Mex. 87103. Arriba County, N. Mex. tion for the period prescribed therein G-20504___ Houston Natural Gas Produc­ United Gas Pipe Line Co., North 14.1792 14. 65 unless at the time of filing such certifi­ 7-25-66 3 tion Co., a Delaware corpora­ LaWard Field, Jackson County, tion (formerly Morgan Miner­ Tex. cate application, or within the time fixed als Corp.). herein for the filing of protests or peti­ CI61-212__ Houston Natural Gas Produc­ Valley Gas Transmission, Inc., Ter­ » 13. 26 14.65 E 7-25-66 tion Co. (Operator), et al. (a rell Point Area, Goliad County, tions to intervene the Applicant indi­ Delaware corporation) (suc­ Tex. cates in writing that it is unwilling to cessor to Houston Natural Gas accept such a condition. In the event Production Co.) (Operator), et al. (a Texas corporation).2 Applicant is unwilling to accept such CI61-648.. Houston Natural Gas Produc­ South Texas Natural Gas Gathering 15.0 14.65 condition the application will be set for 7-25-66 3 tion Co., Operator, a Delaware Co., Yeary Field, Kleberg County, corporation (formerly Morgan Tex. formal hearing. Minerals Corp., Operator). Under the procedure herein provided CI62-1023.. Houston Natural Gas Produc­ Lone Star Gathering Co., Southeast 16.0 14.65 E 7-25-66 tion Co. (Operator), et al. (a Yorktown Field, De Witt County, for, unless otherwise advised, it will be Delaware corporation) (suc­ Tex. unnecessary for Applicants to appear or cessor to Houston Natural Gas be represented at the hearing. Production Co.) (Operator), et al. (a Texas corporation).2 J oseph H. G utrid e, Filing code: A—Initial service. ______Secretary, B —Abandonment. C—Amendment to add acreage. * T*1*8 notice does not provide for cc D —Amendment to delete acreage. E —Succession. for bearing of the several matt- F —Partial succession. red herein, nor should it be so constru- See footnotes at end of table.

FEDERAL REGISTER, VOL. 31, NO. 172— 'SATURDAY, SEPTEMBER 3, 1966 11694

Price per Pres­ Price per Pres­ Docket No. Docket No. and Applicant Purchaser, field, and location Mcf sure and Applicant Purchaser, field, and location Mcf sure base date filed base date filed Lone Star Gas Co., Danville Field, » 16.0 14 65 .do. Valley Gas Transmission, Inc., 15.0 14.65 CI67-170-.— Texaco Inc. (Operator), et al— CI62-1053... A 8-15-66 Gregg and Rusk Counties, Tex. E 7-25-66 Whitted Field, Hidalgo County, Michigan Wisconsin Pipe Line Co., » 19.5 1465- Tex. CI67-171.___ Edwin„L. Cox, 38th Floor, South Texas Natural Gas Gathering 16.0 14.65 A 8-15-66 First National Bank Bldg.; Woodward Area, Dewey County, .CI63-1357... Killam & Hurd (Operator), Dallas, Tex. 75202. Okla. E 8-15-66 et al. (successor to The Co., West Mirando City Field, Southern Natural Gas Co., Quitman 15.0 15.025 Schoolfleld Corp. (Operator), Webb County, Tex. CI67-172...... Sun Oil Co. (successor to Mav- (0165-956) tex Gas Co., Operator), 1608 Bayou Field, Adams County, et al.), c/o D. O. Hunt, agent, Miss. Post Office Box 499, Laredo, F 8-15-66 Walnut St., Philadelphia, Pa. 19103. Tex. 78040. Michigan Wisconsin Pipe Line Co., « 17.0 14.65 Houston .Natural Gas Produc­ Valley Gas Transmission, Inc., 14.0 1465 CI67-174...... Southland Royalty Co., 1603 CI63-1561... First National Bldg., Fort Laveme Field, Harper County, E 7-25-66 tion Co. (a Delaware corpora­ South Coleto Creek Field, Vic­ A 8-16-66 tion) (successor to. Houston toria County, Tex. Worth, Tex. 76101. Okla. CI67-175...... George Hix and R . W. Evans, Carnegie Natural Gas Co., Liberty 20.0 15.325 Natural Gas Production Co.) District, Marshall County, W. Va. (a* Texas corporation) .* A 8-10-66 Rural Delivery No. 5, Cam­ ‘ 14 0 14.65 eron, W. Va. 26033. CI64-1314...... Houston Natural Gas Produc­ Valley Gas Transmission, Inc., 20. Ó 15.325 Sejita Field, Duval County, Tex. w 15.0 14 65 CI67-177...... Grace L. Luikart, 1206 Fifth Carnegie Natural Gas Co., Center E 7-25-66 . tion Co. (Operator), et.al. (a District, Wetzel County, W. Va. Delaware corporation) (suc­ A 8-8-66 St., Moundsville, W . Va. cessor to Houston Natural 26041. CI67-178___ .i. Kermit L. Auvil, et al., c/o Carnegie Natural Gas Co., Union 20.0 15.325 Gas Production Co. (Oper­ District, Ritchie County, W. Va. ator), et al.) (a Texas A 8-9-66 D. D. Roberts, agent, Post corporation).2 Office Box 1424, Parkersburg Standard Oil Co. of Texas, a Natural Gas Pipeline CO. of Amer­ 16.608 14.65 W. Va. CI65-564... General American Oil Co. of United Gas Pipe Line Co., Crescent so 22.75 15.025 6- 20-66 11 division of Chevron Oil Co. ica, Indian Basin Area, Eddy CI67-179...... (Operator), et al., Post Office County, N. Mex.v A 8-11-66 Texas, Meadows Bldg., Farms and Hollywood Fields, Box 1249, Houston, Tex. Dallas, Tex. 75206. Terrebonne Parish, La. Michigan Wisconsin Pipe Line Co., .ft 17.0 1465 77001. CI67-180..— Mobil Oil Corp. (successor to Arkansas Louisiana Gas Co., acre-1 Uneconomical- (C161-752) Atlantic Richfield Co. and Northwest Quinlin Field, Wood­ CI66-653.... Austral Oil Co., Inc., et al., ward County, Okla. D 8-10-66 2700 Humble Bldg., Houston, age in Haskell County, Okla. (CI61-1146) J. M. Huber Corp.), Post Tex. 77002 (partial abandon­ F 8-15-66 Office Box 2444, Houston, ment). Tex. 77001. Phillips Petroleum Co., West Pan­ 12.0 14 65 CI67-181...... Northern Pump Co. (Opera­ Texas Eastern Transmission Corp., CI67-10___ _ J. M. Hawley d.b.a., Hawley Goree Field, Bee County, Tex. Depleted A 7-5-66 72 Oil Co., 1100 Oil and Gas handle Field, Carson and Gray B 8-15-66 tor), et al., Box 7277, Camden Bldg., Wichita Falls, Tex. Counties, Tex. Station, Minneapolis, Minn. 76301. 55412. NOTICES 14 65 Sinclair Oil & Gas Co., Post Northern Natural Gas Co., various CI67-150___ Forest Oil Corp. (Operator), Northern Natural Gas Co., North 15.0 CI67-182.— . 14.65 Puckett Field, Pecos County, A 8-17-66 Office Box 521, Tulsa, Okla. fields, Ellis, Dewey, and Wood­ 1717.0 A 8-10-66 et al.,:12 1300 National Bank ward Counties, Okla. 27 2715.0 of Commerce Bldg., San Tex. 74102. C167-183__ _ J. D. Akin, Box 227, Corning, El Paso Natural Gas Co., East Pan­ Antonio. Tex. 78205. handle Field, Wheeler County, 12.0 14 65 CI67-156-— i Crystal Oil & Land Co. (suc­ United Gas Pipe Line Co., Sligo «12.5252 15.025 A 8-16-66 Iowa 50841. (0-13633) cessor to Union Producing Field, Bossier Parish, La. Tex. F 8-11-66 Co.), 600 Beck Bldg., Shreveport, La. 71101. Montlar Oil & Gas Develop­ United Fuel Gas Co.,Henry Dis­ 25.0 15.325 7 Application to amend certificate to reflect change m corporate name. C167-157:. . i — 2 Houston Natural Gas Production Co. (a Texas corporation) merged mto Morgan Minerals Corp. (a Delaware A 8-12-66 ment Co., Inc., Operator, trict, Clay County, W. Va. 16310 Northeast 19th Ave., corporation) and Morgan Minerals Corp. simultaneously changed its name to Houston Natural Gas Production oo. North Miami Beach, Fla. (a Delaware corporation). 0167-158___ Texaco Inc,, Post Office Box Texas Eastern Transmission Corp., 143733 14.65 2 Amendment toTeflect change in name only. No succession mvolved. A 8-11-66 52332, Houston, Tex. 77052. Dallas Husky Field, Goliad Coun­ * Rate in effect subject to refund in Docket No. RI64-722. ty, Tex. t eases cxpirfid ~ ; f CI67-159___ Sohio Petroleum Co., 970 First Northern Natural Gas Co., Catesby “ 20.4 1465 e Application erroneously noticed June 29, 1966 in Docket Nos. G-2947, et al. at a total initial rate of 11.5464 cents A 8-11-66 National Office Blag., Okla­ Area, Ellis County, Okla. homa City, Okla. 73102 Price is 11.0 cents per Mcf for gas which doesriot require compression or for gas compressed by Buyer; 12.0 cents C167-160..-. G. Fred Shewey, Box 108, United Fuel Gas Co., acreage in * » 25.0 16.325 per Mcf for gas presently being compressed by Buyer, the facilities for the operation and maintenance of which beuer A 8-11-66 Kermit, W. Va. 25674. Mingo County, W. Va. may elect to take over; 13.0cents per Mcf for gas requiring compression, the facilities for which Seller elects to maintain CI67-161.--: A. G. Kirsehmer, Post Office El Paso Natural Gas Co., East Pan­ 12.0 14.65 and operate. All rates are subject to a reduction of 0.21931 cent per Mcf for gas dehydrated by Buyer. A 8-8-66 Box 3536, Amarillo, Tex. handle Field, Wheeler County, 8 Rate in effect subject to refund in Docket No. RI-65588. 79106. ' Tex. 2 Effective rate under FPC GRS No. 15. CI67-162. . Southwest Gas Producing Co., Tensas Gas Gathering Corp., Rod­ Depleted Effective rate under FPC GRS No. 14. B 8-10-66 Inc., 1309 Louisville Ave., ney Field, Jefferson County, n Application to amend certificate to add interest of nonsignatory coowner (Mobil Ou Corp.). Monroe, La. 71201. Miss. 12 Application erroneously noticed July 13,1966 in Docket Nos. G-15815, et al. at a total initial rate of 10.0 cents per CI67-163... Allegheny Land & Mineral Carnegie Natural Gas Co., Glen- Depleted B 8-3-66 Co., 318 Professional Bldg., ville District, Gilmer County, W. inBy letter filed Aug. 17,1966, Applicant agreed to accept a permanent certificate containing conditions similar Fo Clarksburg, W. Va., 26301. Va. those imposed by Opinion No. 468,"as modified by Opinion No. 468-A. CI67-165.-.. Delta Corp., 801 First National Cities Service Gas Co., Wakita 14 0 14 65 14 Includes 1.5 cents tax reimbursement. .. , , A 8-15-66 Bldg., Oklahoma City, Field, Grant County, Okla. “ Includes 3.4 cents estimated upward adjustment. Subject to upward and downward B.t.u. adjustment. Okla. 73102. 18 Includes 2.0 cents transportation charge. CI67-166Ï... Texaco Inc______------Texas Gas Transmission Corp., 20.625 15.025 17 Subject to upward and downward B.t.u. adjustment. A 8-15-66 Lake Pagie Field, Terrebonne 18 Includes 2.0 cents per Mcf gathering and transportation charge. . . . Parish, La. it Contract rate is 16.0 cents per Mcf plus tax reimbursement; however, Applicant states its willingness to accept CI67-167. . -. Goff Oil Co. (Operator), et al., Northern Natural Gas Co., North- 17.0 14.65 permanent certificate conditioned at 15.0 cents per Mcf. A 8-15-66 1100 Philtower Bldg., Tulsa, east Harmon Field, Woodward 28 Includes 1.75 cents per Mcf tax reimbursement. w , , . . . . . Okla. 74101. County, Okla. - 21 Applicant states its willingness to accept permanent certificate at 15.0 cents per Mcf for production from that CI67-168— . Aline Cole. 35 Parkview Ave., Panhandle Eastern Pipe Line Co., 77 17.0 14 65 portion of acreage in Dewey County, Okla. A 8-15-66 Bronxvme, N .Y. 10708 Tegarden, South Field, Woods County, Okla. [F.R. Doc. 66-9518; Filed, Sept. 2,1966; 8:45 aril.] CI67-169.... Allegheny Land and Mineral Carnegie Natural Gas Co., Cass, 27.0 15.325 A 8-15-66 Co. • Grant, and Clay Districts, Mo­ nongalia County, W. Va. FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 NOTICES 11695

[Project No. 2617]* River in El Dorado County, Calif., near There has come before the Board of PACIFIC POWER & LIGHT CO. Placerville. Governors, pursuant to the Bank Merger The applications for amendment seek Act, as amended (12 U.S.C. 1828(c), Notice of Application for License for authorization to: (1) Remove from the Public Law 89-356), an application by Unconstructed Transmission Line license for the project a project access Wachovia Bank & Trust Co., Winston- Project road leading to Loon Lake and crossing Salem, N.C., a State member bank of the Loon Lake Dam, which road is now par­ Federal Reserve System, for the Board’s August 26, 1966*' tially included in the County highway prior approval of the merger of that bank Public notice is hereby given that ap­ system and used for recreational pur­ and Bank of Ahoskie, Ahoskie, N.C., un­ plication for license has been filed under poses; (2) remove the license time re­ der the charter and title of Wachovia the Federal Power Act (16 U.S.C. 791a- quirement for construction of the pro­ Bank & Trust Co. As an incident to the 825r) by Pacific Power & Light Co. (cor­ posed Ice House tunnel as not being pres­ merger, the four offices of Bank of respondence to: E. Robert de Luccia, ently economically feasible; and (3) in­ Ahoskie would become branches of the Senior Vice President, Pacific Power & clude under the license the proposed Loon resulting bank. Notice of the proposed Light Co., Public Service Building, Port­ Lake underground powerhouse develop­ merger, in form approved by the Board,, land, Oreg. 97204) for unconstructed ment consisting of: (a) A short intake has been published pursuant to said Act. transmission line Project No. 2617, to be tunnel at Loon Lake; (b) fixed wheel and Upon consideration of all relevant ma­ located in Walla Walla County, Wash., bulkhead intake gates; (c) a lined 10- terial in the light of the factors set forth and Umatilla, Union, and Wallowa Coun­ foot diameter vertical penstock about in said Act, including reports furnished ties, Oreg., and affecting lands of the 1,050 feet long; (d) an underground by the Comptroller of the Currency, the United States within the Umatilla Na­ powerhouse containing a single 112,000 Federal Deposit Insurance Corporation, tional Forest. horsepower impulse turbine connected to and the Attorney General on the com­ The proposed transmission line, which a 80,750 kilowatt generator; (e) an 18- petitive factors involved in the proposed will be a 230-kv single circuit line about foot by 18-foot modified horseshoe tail- merger: 79 miles long, of which about 6.1 miles race tunnel about 20,000 feet long, to It is hereby ordered, For the reasons will cross the National Forest lands, will Gerle Reservoir; (f) a 13.8/69 kv trans­ set forth in the Board’s Statement1 of carry about 285,000,000 kilowatt-hours of former located underground; (g) an 8- this date, that said application be and hydroelectric energy in an average water mile 69 kv tt transmission line from the hereby is approved, provided that said year from Idaho Power Company’s Hells above ground switchyard to the Robbs merger shall not be consummated (a) Canyon Project (under Commission li­ Peak-Union Valley Line; and (h) ap­ before the 30th calendar day following cense as Project No. 1971) the source of purtenant facilities. the date of this order or (b) later than supply, for transmission from Enter­ Protests or petitions to intervene may 3 months after said date. prise, Oreg,, to Walla Walla, Wash.; and be filed with the Federal Power Commis­ sion, Washington, D.C. 20426, in accord­ Dated at Washington, D.C., this 30th 394,000,000 kilowatt-hours of coordina­ day of August 1966. tion energy for transmission in the op­ ance with the rules of practice and pro­ posite direction in connection with sys­ cedure of the Commission (18 CFR 1.8 or By order of the Board of Governors.8 1.10). The last day upon which protests tem operations and to provide reservoir [ seal] K enneth A. K en yo n , or petitions may be filed is October 18, holding energy for coordination of Proj­ Assistant Secretary. ect No. 1971 with the Northwest Power 1966. The application is on file with the Pool. Commission for public inspection. [F.R. Doc. 66-9660; Filed, Sept. 2, 1966; 8:45 a.m.] Protests or petitions to intervene may J oseph H. G u trid e, be filed with the Federal Power Commis­ Secretary. sion, Washington, D.C. 20426, in accord­ ance with the rules of practice and pro­ [F.R. Doc. 66-9659; Filed, Sept. 2, 1966; VALLEY BANCORPORATION 8:45 a.m.] cedure of the Commission (18 CFR 1.8 Notice of Application for Approval or 1.10). The last day upon which pro­ of Acquisition of Shares of Bank tests or petitions may be filed is October 17,1966. The application is on file with FEDERAL AVIATION AGENCY Notice is hereby given that application the Commission for public inspection. has been made to the Board of Governors AIRPORTS DISTRICT OFFICE AT of the Federal Reserve System pursuant J oseph H. G utride, RENO, NEV. to section 3(a) (2) of the Bank Holding Secretary. Notice of Closing Company Act of 1956 (section 3(a)(3) [F.R. Doc. 66-9658; Filed, Sept. 2, 1966; of the Act, as amended by Public Law 8:45 a.m.] Notice is hereby given that on June 89-485, which became effective July 1, 30, 1966, the Airports District Office at 1966), by Valley Bancorporation, which [Project No. 2101] Reno, Nev., was closed. Services to the is a bank holding company located in public of Nevada concerning airport mat­ Appleton, Wis., for the prior approval of SACRAMENTO MUNICIPAL UTILITY ters recently furnished partly by the the Board of the acquisition by Appli­ DISTRICT Reno office and partly by the Salt Lake cant of 9,875 of the 10,000 voting shares City office, will be furnished in the future of American State Bank, Grand Chute, Notice of Applications for Amendment by the Airports Branch of the Salt Lake Wis., a proposed new bank. of License for Partially Constructed City Area Office, 116 North 23d West, .Section 3(c) of the Act, as amended, Project Salt Lake City, Utah 84116. provides that: August 26,1966 (Sec. 313(a), 72 Stat. 752; 49 U.S.C. 1354) The Board shall not approve— (1) Any acquisition or merger or consoli­ notice is hereby given that a L ee E . W arren, dation under this section which would result Plications have been filed for amen Acting Director, Western Regimi. in a monopoly, or which would be in fur­ ment of license under the Federal Pov [F.R. Doc. 66-9697; Filed, Sept. 2, 1966; therance of any combination or conspiracy Act (16 U.S.C. 791 a~825r) by Sacramen 8:48 a.m.] to monopolize or to attempt to monopolize urucipal Utility District (correspon ence to: Paul E. Shaad, General Ma ager and Chief Engineer, Sacramen 1 Filed as part of the original document. FEDERAL RESERVE SYSTEM Copies available upon request to the Board of t w ^ooS?1 F tllity ^ strict, 6201 S Stre Governors of the Federal Reserve System. Z***..2?.91» Sacramento, Calif 95811) f WACHOVIA BANK & TRUST CO. Washington, D.C. 20551, or to the Federal Re­ Partially constructed Project No. 21< serve Bank of Richmond. ^ e Upper American Riv Order Approving Merger of Banks 2 Voting for this action: Vice Chairman aid 1?Ca.ted on toe Rubicon Riv Robertson, and Governors Shepardson, In the matter of the application of Mitchell, Daane, and Brimmer. Absent and Creek and trib Wachovia Bank & Trust Co. for approval taries, and South Fork of the Americs not voting: Chairman Martin, and Governor of merger with Bank of Ahoskie. Maisel.

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11696 NOTICES the business of banking in any part of the [File No. 1-1686] amounted to $325,371 and liabilities and United States, or deferred credits amounted to $8,802 and (2) Any other proposed acquisition or LINCOLN PRINTING CO. $1,200, respectively. Penn Oil, which is merger or consolidation under this section Order Suspending Trading engaged in the production of petroleum, whose effect in any section of the country has oil rights in substantially the same may be substantially to lessen competition, August 30, 1966. or to tend to create a monopoly, or which in acreage in Pennsylvania where Penn any other maimer would be in restraint of The common stock, 50 cents par value, Gas has gas rights. It is stated that the trade, unless it finds that the anticompeti­ and the $3.50 cumulative preferred stock, proposed elimination of Penn Oil will be tive effects of the proposed transaction are no par value, of Lincoln Printing Co., be­ another step in the corporate simplifica­ clearly outweighed in the public interest'by ing listed and registered on the Midwest tion of the National holding-companv the probable effect of the transaction in Stock Exchange pursuant to the provi­ system. meeting the convenience and needs of the sions of the Securities Exchange Act of The fees and expenses to be paid by community to be served. K 1934 and the 8 percent convertible de­ National and Penn Gas total $1,330 in­ Not later than thirty (30) days after benture bonds due March 13, 1968, being cluding counsel fees of $225 for National the publication of this notice in the traded otherwise than on a national se­ and $1,000 for Penn Gas. It is stated F ederal R eg ister, comments and views curities exchange; and that Penn Oil will pay no fees or ex­ regarding the proposed acquisition may It appearing to the Securities and Ex­ penses. No State commission and no be filed with the Board. Communica­ change Commission that the summary Federal commission, other than this tions should be addressed to the Secre­ suspension of trading in such securities Commission, has jurisdiction over the tary, Board of Governors of the Federal on such Exchange and otherwise than on proposed transactions. Reserve System, Washington, D.C. a national securities exchange is re­ Notice is further given that any inter­ 20551. quired in the public interest and for the ested person may, not later than Septem­ protection of investors: ber 26, 1966, request in writing that a Dated at Washington, D.C., this 29th It is ordered, Pursuant to sections l 1^ hearing be held on such matter, stating day of August 1966. (c) (5) and 19(a) (4) of the Securities Ex­ the nature of his interest, the reasons By order of the Board of Governors. change Act of 1934, that trading in such for such request, and the issues of fact or securities on the Midwest Stock Exchange law raised by said joint application- [ seal] M erritt S herman, and otherwise than on a national secur­ declaration which he desires to contro­ Secretary. ities exchange be summarily suspended, vert; or he may request that he be noti­ [F.R. Doc. 66-9661; Filed, Sept. 2, 1966; this order to be effective for the period fied if the Commission should order a 8:45 a.m.] August 31, 1966, through September 9, hearing thereon. Any such request 1966, both dates inclusive. should be addressed: Secretary, Secu­ rities and Exchange Commission, Wash­ By the Commission. ington, D.C. 20549. A copy of such re­ SECURITIES AND EXCHANGE [ seal] O rval L. D uB o is , quest should be served personally or by Secretary. mail (airmail if the person being served COMMISSION [F.R. Doc. 66-9698; Filed, Sept. 2, 1966; is located more than 500 miles from the [File No. 1-4371] 8:48 a.m.] point of mailing) upon the applicants- declarants at the above-stated addresses, WESTEC CORP. and proof of service (by affidavit or, in [File No. 70-4410] case of an attorney at law, by certificate) Order Suspending Trading should be filed contemporaneously with PENNSYLVANIA GAS CO., ET AL. the request. At any time after said August 29, 1966. Notice of Proposed Acquisition and date, the joint application-declaration The common stock, 10 cents par value, may be granted and permitted to become of Westec Corp., being listed and regis­ Sale of Assets and Dissolution of effective as provided in Rule 23 of the tered on the American Stock Exchange, Nonutility Subsidiary Company general rules and regulations promul­ pursuant to provisions of the Securities August 30,1966. gated under the Act, or the Commission Exchange Act of 1934 and all other se­ may grant exemption from such rules as curities of Westec Corp., being traded Notice is hereby given that National provided in Rules 20(a) and 100 thereof otherwise than on a national securities Fuel Gas Co. (“National”), 30 Rockefel­ or take such other action as it may deem exchange; and ler Plaza, New York, N.Y. 10020, and its appropriate. It appearing to the Securities and Ex­ gas utility subsidiary company, Pennsyl­ For the Commission (pursuant to dele­ change Commission that the summary vania Gas Company (“Penn Gas”), and the latter’s wholly owned nonutility sub­ gated authority). suspension of trading in such securities sidiary company, Pennsylvania Oil Co. [ seal] O rval L. D uB o is, on such Exchange and otherwise than on (“Penn Oil”), 213 Second Avenue, War­ Secretary. a national securities exchange is re­ ren, Pa. 16365, have filed a joint applica­ [F.R. Doc. 66-9699; Filed, Sept. 2, 1966; quired in the public interest and for the tion-declaration with the Commission 8:48 ajn .] protection of investors: pursuant to the Public Utility Holding It is ordered, Pursuant to sections 15 Company Act of 1935 (“Act”), designat­ ing sections 9, 10, and 12(c) of the Act (c) (5) and 19(a) (4) of the Securities Ex­ UNITED SECURITY LIFE INSURANCE and Rule 42 promulgated thereunder as CO. change Act of 1934, that trading in such applicable to the proposed transactions. securities on the American Stock Ex­ All interested persons are referred to the Order Suspending Trading joint application-declaration, which is change and otherwise than on a national August 30, 1966. securities exchange be summarily sus­ summarized below, for a complete state­ ment of the proposed transactions. It appearing to the Securities and Ex­ pended, this order to be effective for the Penn Gas proposes to acquire and change Commission that the summary period August 29,1966, through Septem­ Penn Oil proposes to sell, at book value, suspension of trading in the common ber 7,1966, both dates inclusive. all of the assets of Penn Oil in considera­ stock, $1 par value, of United Security By the Commission. tion of the assumption by Penn Gas of Life Insurance Co., Birmingham, Ala., all of Penn Oil’s liabilities and the sur­ otherwise than on a national securities [ seal] Orval L. D uB o is , render for cancellation of all of Penn exchange is required in the public inter­ Secretary. Oil’s outstanding capital stock. Penn est and for the protection of investors: [F.R . Doc. 66-9683; Filed, Sept. 2, 1966; Oil will then be dissolved. As of June It is ordered, Pursuant to section 15(c) 8:47 a.m.] 30, 1966, Penn Oil’s assets, per books, (5) of the Securities Exchange Act oi

FEDERAL REGISTER, VOL. 31, NO. T72— SATURDAY, SEPTEMBER 3, 1966 NOTICES 11697

1934, that trading in such securities date notice of the filing of the applica­ arches and beams and materials and otherwise than on a national securities tion is published in the F ederal R eg ister . supplies, from Waycross, Ga., to points exchange be summarily suspended, this One copy of such protest must be served in Alabama, Cohnecticut, Delaware, Dis­ order to be effective for the period Au­ on the applicant, or its authorized rep­ trict of Columbia, Florida, Illinois, Indi­ gust 31,1966, through September 9,1966, resentative, if any, and the protest must ana, Kentucky, Maine, Maryland, Mas­ both dates inclusive. certify that such service has been made. sachusetts, Michigan, Mississippi, New By the Commission. The protest must be specific as to the Hampshire, New Jersey, New York, North service which such protestant can and Carolina, Ohio, Pennsylvania, Rhode [SEAL] ORVAL L. D u BOIS, will offer, and must consist of a signed Island, South Carolina, Tennessee, Ver­ Secretary. original and six copies. mont, Virginia, West Virginia, and Wis­ [F:R. Doc. 66-9700; Piled, Sept. 2, 1966; A copy of the application is on file, consin, for 150 days. Supporting ship­ 8:48 a.m.] and can be examined, at the Office of the per: Dixie Laminated, Inc., Post Office Secretary, Interstate Commerce Com­ Box 742, Waycross, Ga. Send protests mission, Washington, D.C., and also in to: George H. Fauss, Jr., District Super­ the field office to which protests are to visor, Interstate Commerce Commission, INTERSTATE COMMERCE be transmitted. Bureau of Operations and Compliance, Post Office Box 4969, Jacksonville, Fla. COMMISSION M otor Carriers of P ro perty 32201. No. MC 5178 (Sub-No. 4 TA), filed No. MC 128543 TA, filed August 26, FOURTH SECTION APPLICATIONS 1966. Applicant: CRESCO LINES, INC,, FOR RELIEF August 26, 1966. Applicant: HAIN TRUCKING CO., INC., 12810 Sherman 13900 South Keeler Avenue, Crestwood, August 31, 1966. Way, North Hollywood, Calif. 91605. 111. Applicant’s representative: Edward Protests to the granting of an applica­ Applicant’s representative: R. Y. Schure- G. Bazelon, 39 South La Salle Street, tion must be prepared in accordance with man, 1010 Wilshire Boulevard, Los Chicago, 111. 60603. Authority sought to Rule 1.40 of the general rules of practice Angeles, Calif. 90017. Authority sought operate as a contract carrier, by motor (49 CPU 1.40) and filed within 15 days to operate as a common carrier, by motor vehicle, over irregular routes, transport­ from the date of publication of this no­ vehicle, over irregular routes, transport­ ing: Pipe, tubing, couplings, elbows, and tice in the F ederal R e g ister . ing : Plate glass, window glass, and rolled nipples, from Struthers, Ohio, to points glass, from Oakland, San Francisco, and in Connecticut, New York, New Jersey, L ong- and-S hort H aul Stockton, Calif., to points in Marin, Pennsylvania, Maryland, Virginia, West FSA No. 40690—Silica sand to New Sonoma, Napa, Solano, Sutter, Yolo, Virginia, District of Columbia, and Orleans, La. Filed by Southwestern Yuba, Sacramento, San Joaquin, Stanis­ Delaware. Restricted to traffic moving Freight Bureau, agent (No. B-8897), for laus, Merced, Fresno, Madera, San under contract with Allied Tube & Con­ interested rail carriers. Rates on silica Benito, Monterey, Santa Clara, Santa duit Corp. of Harvey, HI., for 180 days. sand, not ground, powdered, or pulver­ Cruz, San Mateo, Contra Costa, Alameda, Supporting shipper: Allied Tube & Con­ ized, in carloads, from Cleburne, Tex., to and San Francisco Counties, Calif., for duit Corp., 16100 South Lathrop Street, New Orleans, La. 180 days. Supporting shippers: Ace Harvey, 111. Send protests to: Charles J. Grounds for relief—Market competi­ Glass Co., 31625 Hayman Street, Hay­ Kudelka, District Supervisor, Interstate tion. ward, Calif. 94543, Bradford Sales Co., Commerce Commission, Bureau of Op­ Tariff—Supplement 110 to Southwest­ 9900 Lakewood Boulevard, Room 206, erations and Compliance, Room 1086, ern Freight Bureau, agent, tariff IOC Downey, Calif. 90240, Pacific Manufac­ U.S. Courthouse and Federal Office 4565. turers Export Co., Post Office Box 7026, Building, 219 South Dearborn Street, FSA No. 40691—Mill feed and mill feet Long Beach, Calif. 90807. Send pro­ Chicago, 111. 60604. pellets to Texas gulf ports. Filed bj tests to: John E. Nance, District Super­ By the Commission. Texas-Louisiana Freight Bureau, ageh visor, Interstate Commerce Commission, (No. 582), for interested rail carriers Bureau of Operations and Compliance, [sea l] H. Neil G arson, Rates on mill feed or mill feed pellets, ii Room 7708, Federal Building, 300 North Secretary. carloads, from points in Texas, to Corpu; Los Angeles Street, Los Angeles, Calif. [F.R. Doc. 66-9710; Filed, Sept. 2, 1966; Christi, Freeport, Galveston, Houston 90012. 8:49 a.m.] and Texas City, Tex. (for export). No. MC 111434 (Sub-No. 67 TA), filed Grounds for relief—Rate relationship August 26, 1966. Applicant: DON Tariff—Supplem ent 62 to Texas- WARD, INC., 241 West 56th Avenue, [Notice 1407] Louisiana Freight Bureau, agent, tarifi ICC 1012. Denver, Colo., Post Office Box 1488, MOTOR CARRIER TRANSFER Durango, Colo. Applicant’s representa­ PROCEEDINGS By the Commission. tive: Peter J . Crouse, 730 Equitable Building, Denver, Colo. 80202. Author­ August 31, 1966. ^■SEALT H. Ne il G arson, ity sought to operate as a common car­ Secretary. Synopses of orders entered pursuant to rier, by motor vehicle, over irregular section 212(b) of the Interstate Com­ [P.R. Doc. 66-9709; Piled, Sept. 2, 1966; routes, transporting: Sulphuric acid, 8:49 a.m.] merce Act, and rules and regulations from Gallup, N. Mex., to Shiprock, prescribed thereunder (49 CFR Part N. Mex., for 180 days. Supporting 179), appear below: [Notice 247] shipper: Vanadium Corp. of America, As provided in the Commission’s spe­ Pan Am Building, 200 Park Avenue, New cial rules of practice any interested per­ MOTOR CARRIER TEMPORARY York, N.Y. 10017. Send protests to: son may file a petition seeking recon­ AUTHORITY APPLICATIONS Luther H. Oldham, District Supervisor, sideration of the following numbered Interstate Commerce Commission, Bu­ proceedings within 20 days from the August 31, 1966. reau of Operations and Compliance, 2022 date of publication of this notice. Pur­ smTr6 f?^ow*ng are notices of filing c Federal Building, 1961 Stout Street, Den­ suant to section 17(8) of the Interstate PPUcations for temporary authority un ver, Colo. 80202. Commerce Act, the filing of such a pe­ r section 210a (a) of the Interstat No. MC 128481 (Sub-No. 1 TA), filed tition will postpone the effective date of mmerce Act provided for under th August 26, 1966. Applicant: HENRY the order in that proceeding pending its new ruios in e x Parte No. MC 67 (49 CF1 V. MUSGROVE, Post Office Box 41, disposition. The matters relied upon by ran 240), published in the F edera Axson, Ga. Applicant’s representative: petitioners must be specified in their pe­ kegistkr, issue of April 27, 1965, effec Schwartz, Proctor & Bolinger, 1730 titions with particularity. that 1^65. These rules provid American Heritage Life Building, Jack­ No. MC-FC-68961. By order of Au­ I)ro^es^s to the granting of an appli sonville, Fla. 32202. Authority sought gust 29, 1966, the Transfer Board ap­ E 5 S * be «led with the field officia to operate as a contract carrier, by motor proved the transfer to Ralph Flesch & firm « i L the •^edeRal R egister publica vehicle, over irregular routes, transport­ Son, Inc., 451 School Street, Box 577, » within 15 calendar days after th ing: Glued wooden laminated structural Craig, Colo., of permit in No. MC-114595,

FEDERAL REGISTER, V O L 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 11698 NOTICES issued June 21, 1954, to Ralph Flesch, No. MC-FC-69002. By order of Au­ General commodities, usual exceptions, and Ema Mae Flesch, a partnership, gust 26, 1966, the Transfer Board ap­ from New Castle, Pa., and points within Craig, Colo., authorizing the transporta­ proved the transfer to Fame, Inc., Milton, 20 miles thereof, to specified points, in tion of: Ore and ore concentrates, from Pa., of the operating rights in permits Indiana, Illinois, Ohio, West Virginia, the site of Oxark-Mahoning Co. mill, Nos. MC-111002, MC-111002 (Sub-No. New Jersey, and New York. A. Charles near Cowdrey, Colo., to Northgate and 21, MC-111002 (Sub-No. 8), MC-111002 Tell, 100 East Broad Street, Columbus, Kings Canyon, Colo. (Sub-No. 10), MC-111002 (Sub-No. 11), Ohio 43215, attorney for transferee. MC-111002 (Sub-No. 12), MC-111002 Bowes and Millner, 1060 Broad Street, No. MC-FC-68993. By order of Au­ Newark, N.J. 07102, attorney for trans­ gust 29, 1966, the Transfer Board ap­ (Sub-No. 15), MC-111002 (Sub-No. 17), proved the transfer to Francis P. Ryan, MC-111002 (Sub-No. 19), and MC-111002 feror. doing business as Ryan’s Heavy Hauling, (Sub-No. 20), issued by the Commission [ seal] H. Neil G arson, Barre, Vt., of certificate No. MC-20492, February 6, 1950, February 7, 1952, Secretary. issued November 30, 1961, to Fred S. March 12, 1953, August 23, 1954, October 14, 1955, July 2, 1958, January 26, 1961, [F.R. Doc. 66-9711; Filed, Sept. 2, 1966-, George & Son, Inc., Stottville, N.Y., au­ 8:50 a.m.[ thorizing the transportation of: Con­ February 26, 1964, August 28, 1964, and tractor’s equipment, machinery, and sup­ March 16, 1965, respectively, to Clara Miles Schreyer, Frances H. Miles, and plies,. over irregular routes, between [3d Rev. S.O. 562; ICC Order 211, Amdt. 1] points in Maine, New Hampshire, Ver­ Thomas M„ Miles, a partnership, doing mont, Massachusetts, Connecticut, and business as T. M. Miles Oil Co., Milton, CANADIAN PACIFIC RAILWAY CO. Rhode Island; also, between points in Pa., authorizing the transportation of: ET AL. Maine, New Hampshire, Vermont, Mas­ Potassium silicate, in bulk, in tank vehi­ sachusetts, Connecticut, and Rhode Is­ cles, between points in Illinois, Indiana, Rerouting and Diversion of Traffic land, on the one hand, and, on the other, Massachusetts, Michigan, New Jersey, points in New York. John J. Brady, Jr., New York, and Pennsylvania. Preston Upon further consideration of ICC 75 State Street, Albany, N.Y. 12207, at­ L. Davis, 37 Archer Street, Milton, Pa. Order No. 211 (Canadian Railroads) and torney for applicants. 17847, attorney for applicants. good cause appearing therefor: No. MC-FC-69023. By order of Au­ It is ordered, That: No. MC-FC-69001. By order of Au­ ICC Order No. 211 be, and it is hereby gust 26, 1966, the Transfer Board ap­ gust 29, 1966, the Transfer Board ap­ proved the transfer to Gerhard Fettes, amended by substituting the following proved the transfer to Monaco Tours, paragraph (g) for paragraph (g) Inc., Niagara Falls, N.Y., of the operat­ doing business as Fettes Motor Freight, Fargo, N. Dak., of a portion of the operat­ thereof: ing rights of John J. Monaco and Albert (g) Expiration date. This order shall P. Monaco, a partnership, doing busi­ ing rights in certificate No. MC-87178, is­ sued by the Commission June 14,1949, to expire at 11:59 p.m., September 7, 1966, ness as Monaco Tours, Niagara Falls, unless otherwise modified, changed or N.Y., in certificate No. MC-116678, issued Perry L. Nettbrook, doing business as August 30, 1962, authorizing the trans­ Elliott Transfer Co., Fergus Falls, Minn., suspended. authorizing the transportation, of : It is further ordered, That this amend­ portation, over irregular routes, of pas­ ment shall become effective at 11:59 sengers and their baggage, in special Household goods, as defined by the Com­ mission, between Fergus Falls, Minn., on p.m., August 31, 1966, and that this order operations, in round-trip sightseeing or shall be served upon the Association of pleasure tours, limited to the transpor­ the one hand, and, on the other, points in Iowa, Wisconsin, Illinois, and Indiana. American Railroads, Car Service Divi­ tation of not more than seven passengers sion, as agent of all railroads subscribing in any one vehicle, but not including the A. R. Fowler, 2288 University Avenue, driver thereof and not including chil­ St. Paul, Minn. 55114, representative for to the car service and per diem agree­ applicants. ment under the terms of that agreement, dren under 10 years of age who do not and by filing with the Director, Office of occupy a seat or seats, in seasonal opera­ No. MC-FC-69068. By order of Au­ tions between April 15 and October 1, gust 30, 1966, the Transfer Board ap­ the Federal Register. inclusive, of each year, beginning and proved the transfer to Eugene Povero, Issued at Washington, D.C., August 31, ending at Niagara Falls, N.Y., and points McDonald, Pa., of a portion of the oper­ 1966. in Niagara County, N.Y., within 6 miles ating rights in certificate No. MC-41686, I nterstate Commerce thereof, and extending to ports of entry and the entire operating rights in certifi­ Com m issio n , on the United States-Canada boundary cate No. MC-41686 (Sub-No. 2), issued [seal] R. D. P fahler, line at Niagara Falls and Lewiston, N.Y. July 2,1947, and October 29,1956, respec­ Agent. Thomas J. Runfola, 631 Niagara Street, tively, to Keystone-Lawrence Transfer & Storage Co., a corporation, New Castle, [F.R. Doc. 66-9712; Filed, Sept. 2, 1966; Buffalo, N.Y. 14201, attorney for appli­ 8:50 a.m.] cants. Pa., authorizing the transportation of:

FEDERAL REGISTER, VOL. 31, NO. 172— SATURDAY, SEPTEMBER 3, 1966 FEDERAL REGISTER 11699

CUMULATIVE LIST OF PARTS AFFECTED— SEPTEMBER

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during September. Page 3 CFR 7 CFR—Continued Page 32 CFR Page Proclamation: P roposed R u les— Continued 579______11642 3739— ------______11639 113------11614 1455______11651 Executive Orders: 905------11553 April 17, 1926 (revoked in part by 1013------11669 32A CFR PLO 4077) — ______11547 nsa (ch. x v m ): 6143 (revoked in part by PLO 9 CFR AGE-4______11651 4077)______11547 131------11607 6276 (revoked in part by PLO 43 CFR ______11547 P roposed R u l e s : 2230______11546 4077) i.___ — 3320______11548 6583 (revoked in part by PLO 324 ------11614 4077)______. ____ 11547 325 ------11614 P u blic L and O rd ers: 7373 (revoked by PLO 4079)------11547 156 (revoked by PLO 4079)______11547 12 CFR 750 (revoked in part by PLO 5 CFR 1------______11641 4076)______11546 213__...... __ 11545,11651 4076 ______11546 511______11545 13 CFR 4077 ______11547 534...... __ 11545,11651 121------11651 4078 ______11547 4079 ------11547 7 CFR 14 CFR 51...... ______11546 39------11593,11641 46 CFR 52...... ______11591 7 1 — — ...... 11546,11594,11595 222— ------11607 68______11653 91------H641 510------11652 97------11596 701 ______11591 P roposed R u l e s : 724 ______11655 151------11605 P roposed R u l e s : 10__------11665 831______11591 11------11665 908 39------H615 12__------H665 910 71------11615,11616 531...... 11616 924 926 _ 16 CFR 927_ _ 49 CFR 15 .... 11607 931 ______11657 77------1 1 5 4 9 948______101------11550 1446______19 CFR Proposed R ules : 10 ...... - ...... 11593 50 CFR 55 110 21 CFR 10------11658 112 32___------11551, 121...... 11608-11610 11552, 11610-11612, 11662, 11663

No. 172-

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