FEDERAL RFKIVTFRllLuIkjI Ell

VOLUME 20 NUMBER 153 Ü N l l ï P Washington, Saturday, August 6, 1955

TITLE 3— THE PRESIDENT EXECUTIVE ORDER 10626 CONTENTS PROCLAMATION 3106 E stablishment of the Interdepart­ THE PRESIDENT mental Committee for Voluntary F ire P revention W eek, 1955 P ayroll Savings P lan for the P ur­ Proclamation Pa6® BY THE PRESIDENT OF THE UNITED STATES chase of U nited States Savings Bonds Fire Prevention Week, 1955 __ 5671 OF AMERICA WHEREAS our national economic Executive Order A PROCLAMATION welfare requires the widest possible dis­ Establishment of Interdepart­ tribution of the national debt through mental Committee for Volun­ WHEREAS thousands of lives and thé sale of United States Savings Bonds tary Payroll Savings Plan for hundreds of millions of dollars in prop­ to the people; and Purchase of U. S. Savings erty are lost each year through fires; WHEREAS every purchaser of United Bonds______- 5671 and States Savings Bonds invests not only in WHEREAS, as a result of these de­ the nation’s economic welfare, but also EXECUTIVE AGENCIES structive fires, immeasurable losses are in his own personal security and inde­ caused in employment, production, and pendence, and it is, therefore, to the Agricultural Marketing Service other economic activities; and manifest advantage of Government, Rules and regulations: WHEREAS fire prevention programs Management, and Labor and of every Lemons, Arizona and Califor­ have proved effective in communities citizen that the sale of such bonds to the nia; limitation of shipments. 5675 throughout the Nation; people be vigorously promoted; and Oranges, Valencia; Arizona and NOW, THEREFORE, I, DWIGHT D. WHEREAS the Federal Government is . California; limitation of han­ EISENHOWER, President of the United earnestly requesting business and indus­ dling______5675 States of America, do hereby designate trial enterprises to provide for and vigor­ Potatoes, Irish, grown in Colo­ the week beginning October 9, 1955, as ously promote, by personal solicitation, rado; limitation of ship­ Fire Prevention Week. the purchase of United States Savings ments______5676 I call upon the citizens of all commu­ Bonds through regular, voluntary pay nities in the land to organize effective Agriculture Department allotments on the Payroll Savings Plan; See also Agricultural Marketing programs for reducing the needless and waste caused by preventable fires, and I Service; Commodity Stabiliza­ WHEREAS it is desirable and proper tion Service. urge State and local governments, the that all civilian and uniformed personnel American National Red Cross, the Na­ Notices: in the Federal Government should set an Kentucky; designation of areas tional Fire Waste Council, the Chamber example of leadership in this activity ; » of Commerce of the United States, and for production emergency NOW, THEREFORE, by virtue of the loans______5706 business, labor, and farm organizations, authority vested in me as President of as well as schools, civic groups, and pub­ the United States, it is ordered as follows: Alien Property Office lic information agencies, actively to 1. There is hereby established the In­ Notices: observe Fire Prevention Week. I also terdepartmental Committee for the Vol­ Bethel, Herbert Huston; inten­ direct the appropriate agencies of the untary Payroll Savings Plan for the Pur­ tion to return vested prop­ Federal Government to assist in this na­ chase of United States Savings Bonds erty__.______5705 tional effort to reduce the loss of life (hereinafter referred to as the Commit­ and property resulting from fires. tee). The Committee shall consist of Army Department IN WITNESS WHEREOF, I have a Chairman, to be appointed by the See also Engineers Corps. hereunto set my hand and caused the President, and the heads of each of the Rules and regulations: Seal of the United States of America to several departments, establishments, Aid of civil authorities and pub­ be affixed. and agencies in the executive branch of lic relations; records and re­ DONE at the City of Washington this the Government. Each member of the ports; unofficial research___ 5684 second day of August in the year of our Committee, other than the Chairman, Payment of bills and accounts Lord nineteen hundred and may designate an alternate from among under contracts, formal and [seal] fifty-five, and of the Independ­ the officials of his department, establish­ inform al; miscellaneous ence of the United States of ment, or agency, and such alternate may amendments______5684 America the one hundred and eightieth. act for such member in all matters re­ Civil Aeronautics Board D wight D. Eisenhower lating to the Committee. Notices: 2. The Committee shall perform the By the President; Accident occurring at Sandspit, following-described functions and British Columbia; reconven- J ohn F oster D ulles, duties: ing of hearing______5703 Secretary of State. (a) Formulating and presenting toRules and regulations: [P. R. Doc. 55-6446; Filed, Aug. 4, 1955; the several departments, establishments, Air traffic rules; miscellaneous 1:00 p. m.] (Continued on p. 5673) amendments______5676 5671 5672 THE PRESIDENT

CONTENTS— Continued CONTENTS— Continued Civil Service Commission pa8® Federal Power Commission— Pag9 FEDERALKREGISTER Rules and regulations: Continued <4WlTtO* Competitive service, exceptions Notices—Continued from ; Civil Aeronautics Hearings, etc.—Continued Board______._. . . 5676 South Penn Natural Gas Co_ 5707 Published daily, except Sundays, Mondays, Commerce Department Tennessee Gas Transmission and days following, official Federal holidays, See Federal Maritime Board. Co______5706 by the Federal Register Division, National United Carbon Co., Inc. et al. 5706 Archives and Records Service, General Serv­ Commodity Stabilization Service Whitman, Robert O______5706 ices Administration, pursuant to the au­ Rules and Regulations: thority contained in the Federal Register Act, Peanuts; use of certified in lieu Federal Trade Commission approved July 26, 1935 (49 Stat. 500, as of registered mail______5673 Rules and regulations: amended; 44 U. S. C., ch. 8B), under regula­ Sugar quotas, allotment of; Trade Union Courier Publishing tions prescribed by the Administrative Com­ Puerto Rico, 1955______5674 Corp. et al.; cease and desist mittee of the Federal Register, approved by order______5677 the President. Distribution is made only by Wheat, durum (Class I I ) ; ad­ the Superintendent of Documents, Govern­ ditional county for increased Food and Drug Administration ment Printing Office, Washington 25, D. C. allotments.;______5673 Rules and regulations: The F ederal Register will be furnished by Customs Bureau Pesticide chemicals; extended mail to subscribers, free of postage, for $1.50 dates on which statute shall per month or $15.00 per year, payable in Rules and regulations: advance. The charge for individual copies Customs financial and account­ become fully effective______5678 (minimum 15 cents) varies in proportion to ing procedure; checks receiv­ General Services Administration the size of the issue. Remit check or money able for duties______5678 Notices: order, made payable to the Superintendent Customs ports of entry.._____ 5678 of Documents, directly to the Government Federal office building; prospec­ Printing Office, Washington 25, D. C. Defense Department tus for proposed building in The regulatory material appearing herein See Army Department. southwestern portion of Dis­ is keyed to the Code of F ederal Regulations, trict of Columbia______5704 which is published, under 50 titles, pursuant Engineers Corps Tarpon Springs Light Attend­ to section 11 of the Federal Register Act, as Rules and regulations: ant Station, Fla.; transfer amended August 5, 1953. The Code of F ed­ Bridge regulations: of property______5705 eral R egulations is sold by the Superin­ Little Bayou Black, La------— 5685 tendent of Documents. Prices of books and Ogeechee River, Ga— — — 5685 Health, Education, and Welfare pocket supplements vary. Federal Communications Com­ Department There are no restrictions on the re- See Food and Drug Administra­ publication of material appearing in the mission tion. F ederal Register, or the Code of F ederal Notices: R egulations. Hearings, etc.: Indian Affairs Bureau Illinois Bell Telephone Co___ 5703 Notices: Mercer Broadcasting Co. et Area Director; authority to re­ al______5702 delegate certain authority... 5703 CFR SUPPLEMENTS Miners Broadcasting Service, Interior Department Inc., et al______5702 See Indian Affairs Bureau; Land (For use during 1955) Northern Indiana Broadcast­ Management Bureau. ers, Inc., and St. Joseph The following Supplements are now Valley Broadcasting Corp. Interstate Commerce Commis­ available: (WJVA)______5702 sion Pacific Telephone and Tele­ Notices: Title 26 (1954) ($2.50) graph Co______5702 Fourth section applications for Title 32: Parts 1-399 ($4.50) Rollins Broadcasting, Inc., et relief______5707 al______,______5702 Parts 700-799 ($3.75) Justice Department Southern Bell Telephone and See Alien Property Office. Telegraph Co______5703 Previously announced: TiHe 3, 1954 Supp. Proposed rule making: Labor Department ($1.75); Titles 4-5 ($0.70); Title 6 Industrial heating equipment; See Public Contracts Division; ($2.00); Title 7: Parts 1-209 ($0.60); Wage and Hour Division. Parts 210-899 ($2.50); Part 900 to end extension of time for filing ($2.25); Title 8 ($0.45); Title 9 ($0.65); comments______5701 Land Management Bureau Titles 10-13 ($0.50); Title 14: Parts Rules and regulations: Rules and regulations: 1-399 ($2.25); Part 400 to end ($0.65); Frequency allocations and radio Public land orders: Title 15 ($1.25); Title 16 ($1.25); Title 17 treaty matters; laws, treaties, Arizona______5685 ($0.55); Title 18 ($0.50); Title 19 ($0.40); agreements and arran g e­ Wyoming______'______5686 Title 20 ($0.75); Title 21 ($1.75); Titles ments relating to radio_____ 5687 22-23 ($0.75); Title 24 ($0.75); Title 25 Public Contracts Division ($0.50); Title 26: Parts 1-79 ($0.35); Federal Maritime Board Proposed rule making: Parts 80-169 ($0.50); Parts 170-182 Notices : Bituminous coal industry; pre­ ($0.50); Parts 183-299 ($0.30); Part 300 California Association of Port vailing minimum wages_____ 5690 to end and Title 27 ($1.25); Titles 28-29 Authorities, and Red Sea and Rules and regulations: ($1.25); Titles 30-31 ($1.25); Title 32A, Gulf of Aden/U. S. Atlantic Alternative methods of comput­ Revised December 31, 1954 ($1.50); Title and Gulf Freight Confer­ ing overtime______5685 33 ($1.50); Titles 35-37 ($0.75); Title 38 ence; agreements filed for Treasury Department ($2.00); Title 39 ($0.75); Titles 40-42 approval______5703 ($0.50); Titles 44-45 ($0.75); Title 46: See Customs Bureau. Parts 1—145 ($0.40); Part 146 to end Federal Power Commission Wage and Hour Division ($1.25); Titles 47-48 ($1.25); Title 49: Notices: Proposed rule making: Parts 1-70 ($0.60); Parts 71-90 ($0.75); Hearings, etc.: Records to be kept by em­ Parts 91-164 ($0.50); Part 165 to end Adams, N. L., Sr., et al_____ 5706 ployers______. . . . 5701 ($0.60); Title 50 ($0.55) Cities Service Gas Producing Rules and regulations: Order from Superintendent of Documents, Co------5706 Authorization of established Government Printing Office, Washington Continental Oil Co______5706 basic rates for computing 25, D. C Goodwin, Earl, et al______5707 overtime pay: Montana-D a k o t a Utilities General regulations______5678 Co------5706 Interpretations______5680 Saturday, August 6, 1955 FEDERAL REGISTER 5673 (b) Assisting the several departments, CODIFICATION GUIDE CODIFICATION GUIDE— Con. establishments, and agencies in the in­ A numerical list of tlie parts of the Code Title 21 Pas® stallation of the said Payroll Savings of Federal Regulations affected by documents Chapter I: Plan and in the solution of any special published in this issue. Proposed rules, as Part 3____ 5678 problems that may develop in connec­ opposed to final actions, are identified as tion therewith. such. Title 29 (c) Acting as a clearing house for the Chapter V: several departments, establishments, and Title 3 Pa*e Part 516 (proposed)______5701 agencies in the dissemination of such Chapter I (Proclamations): Part 548 (2 documents)___ 5678, 5680 statistics and information relative to the 3106.______— ----- 5671 Title 32 execution and sales promotion of the Chapter II (Executive orders): Chapter V: Plan as may be deemed advantageous. January 13, 1915 (revoked in Part 518______5684 (d) Recommending to the several de­ part by PLO 1198)------5685 Part 535______5684 partments, establishments, and agencies 9953 (superseded by EO 10626) _ 5671 any methods for improvements in the 10626______<------— 5671 Title 33 Chapter II: program adopted pursuant to the said Title 5 Part 203 (2 documents)______5685 Plan. Chapter I: a 3. Each of the departments, establish­ Part 6------5676 Title 41 ments, and agencies in the executive Chapter II: branch of the Government shall insti­ Title 7 Part 202 (proposed)______5690 tute and put into operation, as soon as Chapter VII: Part 210______5685 practicable, the plan of organization and Part 728______5673 Title 43 sales promotion recommended by the Part 729______5673 Chapter I: Committee, with such modifications as Chapter VIII: Appendix (Public land orders): particular circumstances may render Part 814__ 1______5674 811 (revoked byPLO 1201)__ 5686 advisable. Each Committee member Chapter IX: 1198___ 5685 shall act as liaison officer between the Part 922______5675 1201______i ____ 5686 Committee and his department, estab­ Part 953______5675 lishment, or agency with regard to the Part 958______5676 Title 47 said Plan. Chapter I: 4. This order supersedes Executive Title 14 Part 2______5687 Order No. 9953 of April 23, 1948, entitled Chapter I: Part 18 (proposed)-______5701 “Establishing the Interdepartmental Part 60______5676 Committee for the Peacetime Voluntary Title 16 and agencies in the executive branch of Payroll Savings Plan for the Purchase of Chapter I: the Government a plan of organization United States Savings Bonds”. Part 13..... 5677 and sales promotion whereby the volun­ D wight D. Eisenhower tary Payroll Savings Plan will be made Title 19 available to all officers and employees The White House, Chapter I: for the purchase of Savings Bonds, and August 4,1955. Part 1______5678 whereby all such officers and employees [F. R. Doc. 55-6450; Filed, Aug. 4, 1955; Part 24___ 5678 will be urged to participate. 3:59 p. m]

RULES AND REGULATIONS

TITLE 7— AGRICULTURE in Montana the language “Wheatland,” the use of certified mail in lieu of regis­ following the language “Valley.” tered mail. The amendments do not in Chapter VII— Commodity Stabilization (Sec. 375, 52 Stat. 66, as amended; 7 U. S. C. any way change the substantive rights of Service (Farm Marketing Quotas 1375. Interprets or applies Sec. 334, 52 Stat. individuals effected by the regulations, and Acreage Allotments), Depart­ 53, as amended, Pub. Law 8, 84th Cong., but merely authorize the use of a new and ment of Agriculture 7 U. S. C. 1334) less expensive mail service. Accordingly, it is hereby determined and found that P art 728—Wheat Done at Washington, D. C., this 2d day of August 1955. Witness my hand and compliance with the notice, public pro­ Sttbpart— 1955-56 Marketing Y ear cedure and effective date requirements of the seal of the Department of Agri­ the Administrative Procedure Act (5 additional county for increased durum culture. WHEAT (CLASS H) ALLOTMENTS U. S. C. 1003) is impractical, unnecessary [seal] T rue D. M orse, and contrary to the public interest, and The amendment herein is issued pur­ Acting Secretary. the amendments contained herein shall suant to and in accordance with Public be effective upon filing of this document Law 8, 84th Congress, for the purpose of [F. R. Doc. 55-6380; Filed, Aug. 5, 1955; with the Director, Division of the Fed­ adding to the list of counties previously 8:46 a. m.] eral Register. designated for increased farm wheat 1. Section 729.628 of the Marketing acreage allotments for the production of Quota Regulations for the 1955 Crop of Durum Wheat (Class ED the county of Peanuts (19 F. R. 6134) is amended by Wheatland in the State of Montana. It [1023 (Peanuts-55)-l, Arndt. 3] striking out the word “registered” there­ is found and determined that compliance [1026 (Peanuts-55) -1, Arndt. 1] in and inserting in lieu thereof the word with the notice, procedure, and 30-day “certified”. effective date provisions of Section 4 of Part 729—P eanuts 2. Section 729.661 (b) (1) of the Mar­ the Administrative Procedure Act is im­ USE OF CERTIFIED IN LIEU OF REGISTERED keting Quota Regulations for the 1955 practicable and contrary to the public MAIL Crop of Peanuts (20 F. R. 3819) is interest, and this amendment shall be­ come effective upon filing of this docu­ Basis and purpose. The amendments amended by striking out the word “reg­ ment with the Director, Division of the herein are issued under the peanut mar­ istered” therein and inserting in lieu Federal Register. keting quota provisions of the Agricul­ thereof the word “certified”. Section 728.529 is amended by adding tural Adjustment Act of 1938, as (Sec. 375, 52 Stat. 66, as amended; 7 U. S. C. in paragraph (b) in the list of counties amended, for the purpose of authorizing 1375. Interpret or apply secs. 301, 358, 359, 5674 RULES AND REGULATIONS

361-368, 372, 373, 374, 376, 388, 52 Stat. 38, 62, 63, 64, 65, 66, 68, as amended; 55 Stat. Production of Jan. 1,1955, inven­ 88, as amended; 7 U. S. C. 1301, 1358, 1359. Average annual tory plus produc­ Local marketings sugar from 1954-55 marketings, tion from 1954-55 average 1953-54 1361-1368, 1372, 1373, 1374, 1376, 1388) crop sugarcane 1950-54 crop sugarcane Done at Washington, D. C., this 2d day of August 1955. Witness my hand Allottee Short Short Short Short Percent of tons Percent tons Percent tons Percent tons allottees and the seal of the Department of Agri­ raw of total raw of total raw of total raw total mar- culture. value value value value ketings [seal] T rue D. Morse, (1) (2) (3) (4) (5) (6) (7) (8) Acting Secretary of Agriculture. Antonio Roig, Sucesores, S. en C._ 47,395 4.065 45,021 4.024 52,627 3.986 21,890 44.522 [F. R. Doc. 55-6379; Filed, Aug. 5, 1955; Arturo Lluberas (Estate of) y 6:46 a. m.] Sobrinos______9,203 .789 6,543 .585 10,634 .806 1,483 20.560 Asociacion Azucarera Coopera- tiv a...... 33,768 2.896 32,329 2.890 34,954 2.648 69 .199 Central Aguirre Sugar Co., a trust. 109,133 9.359 112,700 10.073 119,620 9.061 1,565 1.402 Central Coloso, Inc______61,938 5.312 55,392 4.951 71,232 5.396 550 .919 Central Eureka, Inc______40,816 3.500 34,939 3.123 46,990 3,559 610 1.548 Chapter VIII— Commodity Stabiliza­ Central Guamani, Inc______12,250 1.051 10,832 .968 13,275 1.006 1,326 10.661 Central Igualdad, Inc._.______44,147 3.786 42,159 3.768 51,475 3.899 17,622 38.830 tion Service (Sugar), Department of Central Juanita, Inc..______41,631 3.570 35,988 3.217 55,306 4.189 2,108 5.044 Central Mercedita, Inc______86,240 7.396 75,088 6.711 90,769 6.876 20,613 26.334 Agriculture Central Monserrate, Inc.______25,979 2.228 25,367 2.267 28,867 2.187 103 .380 Central San Vicente, Inc...... 67,170 5.761 57,242 5.116 81,283 6.157 11 .017 [Sugar Reg. 814.13, Arndt. 2] Compania Azucarera del Camuy, Inc__’______14,622 1.254 14,517 1.298 15,670 1.187 00 000 P art 814—Allotment of Sugar Quotas Compania Azurcarera del Toa__ 32,562 2.793 30,986 2.770 42,292 3.204 00 000 Cooperativa Azucarera Los Canos. 37,567 3.222 35,945 3.213 42,496 3.219 00 000 Eastern Sugar Associates, a trust.. 122,449 10.501 123,532 11.041 138,770 10.512 14,958 11.858 PUERTO RICO, 1955 Fajardo Sugar Co______112,894 9.682 112,110 10.021 135,420 10.258 00 000 Land Authority of Puerto Rico.— 71,084 6.096 69,291 6.193 73,731 5.585 00 000 Basis and purpose. This amendment Mario Mercado e Hijos...... 32,864 2.818 31,492 2.815 35,909 2.720 552 1.588 Is issued under section 205 (a) of the Mayaguez Sugar Co., Inc...... 9,124 .783 10,160 .908 9,492 .719 144 1.405 Plata Sugar Co...... 50,653 4.344 47,496 4.245 58,234 4.411 280 .535 Sugar Act of 1948, as amended (herein­ Soller Sugar Co______12,686 1.088 12,666 1.132 13,165 .997 00 000 after called the “act”), for the purpose South Porto Rico Sugar Co. of of revising Sugar Regulation 814.13 (19 Puerto Rico______89,853 7.706 97,015 8.671 97,922 7.418 15,749 16.153 P. R. 9319; 20 P. R. 2686) which allots Total...... 1,166,028 100.000 1,118,810 100.000 1,320,133 100.000 99.633 the 1955 sugar quota for Puerto Rico for consumption in the continental United Each allottee under § 814.13 has agreed The 1955 sugar quota for Puerto Rico for States (including raw sugar transferred to waive its right to a public hearing consumption in the continental United for further processing and shipment prior to the revision of the order to give States (including raw sugar to be further within the direct-consumption portion effect to final 1954-55-crop production, processed and marketed within the of such quota) and the 1955 sugar quota 1954 marketings and January 1, 1955, direct-consumption portion of such for local consumption in Puerto Rico carryover data. This agreement was quota) and the 1955 sugar quota for local among persons who process Puerto Rican conditioned upon the use of the same consumption in Puerto Rico are hereby sugarcane into sugar (1) to be brought allotment formula as was used in the allotted to the following processors in into the continental United States and initial order. The revised allotments are quantities which appear in columns (1) (2) to be marketed for local consumption based on the same formula used in the and (2) opposite their respective names; in Puerto Rico. initial order. This amendment allots the The sugar quota for Puerto Rico for full amount of both quotas. [Short tons, raw value] consumption in the continental United The initial allotment order provided States is referred to herein as “mainland Mainland Local for allotting 1,699 short tons, raw value, allot­ allot­ quota” and allotments thereof are re­ to the Corporación Azucarera Sauri and Processor ment ment ferred to as “mainland allotments”. Subirá. All of the sugar held in inven­ The sugar quota for consumption in tory on January 1, 1955, by this allottee (I) (2) Puerto Rico and allotments thereof are is reported to have been shipped in one Antonio Roig, Sucesores, S. an C...... 26,404 21,274 referred to as “local quota” and “local cargo of which final outturn was 1,313 Arturo Lluberas (Estate of) y Sobri­ allotments”, respectively. short tons, raw value. Accordingly, it nos (San Francisco)...... ^___ ; 7,224 1,875 Revision of Sugar Regulation 814.13 Asociacion Azucarera Cooperativa is hereby found and concluded that the (Lafayette)______33,478 67 is necessary to substitute in the deter­ quantity allotted to Corporación Azuca­ Central Aguirre Sugar Co., a trust__ 108,904 1,551 mination of allotments the final data on Central Coloso, Inc______61,814 574 rera Sauri and Subirá shall be 1,313 Central Eureka, Inc______- 40,313 635 processings of sugar from 1954-55-crop short tons, raw value, and that the 1955 Central Guamani, Inc______10,886 1,302 cane, 1954 marketings and January 1, quotas for Puerto Rico, less that quan­ Central Igualdad, Inc______27,409 17,464 Central/Juanita, Inc______40,936 2,180 1955, inventories of sugar. tity shall be allottted to all other Central Mercedita, Inc______62,666 22,470 The allotments established by the allottees. Central Monserrate, Inc______26,114 100 Central San Vicente, Inc...... 68,069 12 initial order and amendment 1 were Since a number of allottees have al­ Compania Azucarera del Camuy, based upon 1953-54-crop processings as ready brought in or marketed a large 14,675 estimates of 1954-55-crop processings; 33,864 portion of their initial allotments, it is Cooperativa Azucarera Los Canos__ 37,954 1954 allotments as estimates of 1954 imperative that this amendment become Corporación Azucarera Sauri & Su- marketings; and January 1, 1954, inven­ effective at the earliest possible date in 1,313 109,646Easteni Sugar Associates, a trust___ 109,646Easteni 14,788 tories plus 1953-54-crop processings less order to permit continued orderly mar­ 115,877 1954 allotments as estimates of January keting of sugar. Accordingly, it is here­ 70,756 32,455Mario Mercado e Hijos (Rufina)...... 32,455Mario 525 1, 1955, inventories. To prevent any by found that compliance with the 30- Mayaguez Sugar Có., Inc. (Roche- allottee from marketing sugar in excess day effective date requirement of the 9,099 130 Plata Sugar Co______50,974 275 of the allotment established therefor on Administrative Procedure Act (60 Stat. 12,659 the basis of the final data, marketings 237) is impracticable and contrary to South Porto Rico Sugar Co. of Puerto were limited to 80 percent of the allot­ the public interest and consequently this 76,511 14,778 ments. Final data on 1954-55-crop order shall be effective when published All other persons______00 00 processings, 1954 marketings and Jan­ in the F ederal R egister. Total______1,080,000 100,000 uary 1, 1955, inventories of sugar are Pursuant to the authority vested in now available and are set forth in the the Secretary of Agriculture by section * * * * * following table together with the meas­ 205 (a) of the act, paragraphs (a) as (c) Restrictions on marketing. (1) ures of the three factors, “process­ amended, and (c) of § 814.13 are hereby During the calendar year 1955 each proc­ ings * * * from proportionate shares amended to read as follows: essor named in paragraph (a) of this * * “past marketings,” and “ability § 814.11 Allotment of 1955 sugar quo­ section, together with the producers with to market”; tas for Puerto Rico—(a) Allotments. whom it shares its allotments under Saturday, August 6,1955 FEDERAL REGISTER 5675 paragraph (b) of this section, is hereby in order to effectuate the declared policy the handling of lemons grown in the prohibited from bringing into the con­ of the act is insufficient, and a reason­ State of California or in the State of tinental United States for consumption able time is permitted, under the cir­ Arizona, effective under the applicable therein, or marketing to a local refiner cumstances, for preparation for such ef­ provisions of the Agricultural Marketing or any other person for that purpose, fective time; and good cause exists for Agreement Act of 1937, as amended (7 and from marketing for local consump­ making the provisions hereof effective U. S. C. 601 et seq.), and upon the basis tion in Puerto Rico, any sugar in excess as hereinafter set forth. The Valencia of the recommendation and information of the applicable quantities established Orange Administrative Committee held submitted by the Lemon Administrative in columns (1) and (2) of the table in an open meeting on August 4,1955, after Committee, established under the said paragraph (a) of this section, giving due notice thereof, to consider amended marketing agreement and (2) During the calendar year 1955 allsupply and market conditions for Va­ order, and upon other available infor­ persons who acquire raw sugar for fur­ lencia oranges and the heed for regula­ mation, it is hereby found that the lim­ ther processing and resale as direct- tion; interested persons were afforded an itation of the quantity of such lemons consumption sugar are hereby prohibited opportunity to submit information-and which may be handled, as hereinafter from marketing sugar for local con­ views at this meeting; the recommenda­ provided, will tend to effectuate the de­ sumption in Puerto Rico in excess of the tion and supporting information for reg­ clared policy of the act. sum of (i) the quantity of sugar ac­ ulation during the period specified herein (2) It is hereby further found that it quired for such purpose under the limi­ was promptly submitted to the Depart­ Is impracticable and contrary to the pub­ tations specified in this section, as ment after such meeting was held; the lic interest to give preliminary notice, amended (19 P. R. 2006, 5627, 9212X and provisions of this section, including its engage in public rule-making procedure, held in inventory on December 31, 1954, effective time, are identical with the and postpone the effective date of this and (ii) the quantity of sugar acquired aforesaid recommendation of the com­ section until 30 days after publication for such purposes within the limits spec­ mittee, and information concerning such thereof in the F ederal R egister (60 Stat. ified in this section. provisions and effective time has been 237; 5 U. S. C. 1001 et seq.) because the disseminated among handlers of such time intervening between the date when (Sec. 403, 61 Stat. 932; 7 U. S. C. 1153. In­ Valencia oranges; it is necessary, in or­ information upon which this section is terprets or applies sec. 205, 61 Stat. 926; 7 der to effectuate the declared policy of based became available and the time U. S. C. 1115) the act, to make this section effective when this section must become effective Done at Washington, D. C., this 3d during the period herein specified; and in order to effectuate the declared policy day of August 1955. Witness my hand compliance with this section will not re­ of the act is insufficient, and a reasonable and seal of the Department of Agricul­ quire any special preparation on the part time is permitted, under the circum­ ture. of persons subject thereto which cannot stances, for preparation for such effec­ [seal! true D. Morse, be completed on or before the effective tive time; and good cause exists for mak­ Acting Secretary of Agriculture. date hereof. ing the provisions hereof effective as (b) Order. (1) The quantity of Va­hereinafter set forth. Shipments of [F. R. Doc. 55-6416; Filed, Aug. 5, 1955; lencia oranges grown in Arizona and lemons, grown in the State of California 8:52 a. m.] designated part of California which may or in the State of Arizona, are currently be handled during the period beginning subject to regulation pursuant to said at 12:01 a. m., P. s. t., August 7,1955, and amended marketing agreement and or­ ending at 12:01 a. m., P. s. t., August 14, der; the recommendation and support­ Chapter IX— Agricultural Marketing 1955, is hereby fixed as follows: ing information for regulation during Service (Marketing Agreements and (1) District 1: Unlimited movement; the period specified herein was promptly Orders), Department of Agriculture (ii) District 2: 392,700 boxes; submitted to the Department after an (iii) District 3: Unlimited movement. open meeting of the Lemon Administra­ [Valencia Orange Reg. 48] (2) Valencia oranges handled pur­ tive Committee on August 3, 1955, such Part 922—Valencia Oranges Grown in suant to the provisions of this section meeting was held, after giving due no­ Arizona and D esignated Part of Cali­ shall be subject to any size restrictions tice thereof to consider recommenda­ fornia applicable thereto which have heretofore tions for regulation, and interested been issued on the handling of such persons were afforded an opportunity to LIMITATION OF HANDLING oranges and which are effective during submit their views at this meeting; the § 922.348 Valencia Orange Regula­ the period specified herein. provisions of this section, including its tion 48—(a) Findings. (1) Pursuant to (3) As used in this section, “han­ effective time, are identical with the Order No. 22 (19 P. R. 1741), regulating dled,” “handler,” “boxes,” “District 1,” aforesaid recommendation of the com­ the handling of Valencia oranges grown “District 2,” and “District 3,” shall have mittee, and information concerning such in Arizona and designated part of Cali­ the same meaning as when used in said provisions and effective time has been fornia, effective March 31, 1954, under order. disseminated among handlers of such the applicable provisions of the Agri­ (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. lemons; it is necessary, in order to effec­ cultural Marketing Agreement Act of 608c) tuate the declared policy of the act, to 1937, as amended (7 Ü. S. C. 601 et seq.), make this section effective during the and upon the basis of the recommenda­ Dated: August 5, 1955. period hereinafter specified; and com­ tion and information submitted by the [seal] S. R. S mith, pliance with this section will not require Valencia Orange Administrative Com­ Director, Fruit and Vegetable any special preparation on the part of mittee, established under the said order, Division, Agricultural Mar­ persons subject thereto which cannot be and upon other available information, keting Service. completed by the effective time thereof. it is hereby found that the limitation of (b) Order. (1) The quantity of handling of such Valencia oranges, as [F. R. Doc. 55-6462; Filed, Aug. 5, 1955; lemons grown in the State of California hereinafter provided, will tend to effec­ 11:39 a. m.] or in the State of Arizona which may tuate the declared policy of the act. be handled during the period beginning (2) It is hereby further found that it at 12:01 a. m., P. s. t., August 7,1955, and is impracticable and contrary to the pub­ [Lemon Reg. 601] ending at 12:01 a. m., P. s. t., August lic interest to give preliminary notice, 14, 1955, is hereby fixed as follows: engage in public rule-making procedure, Part 953—Lemons Grown in California (1) District 1: Unlimited movement; and postpone the effective date of this and Arizona (ii) District 2: 450 carloads; section until 30 days after publication limitations of shipments (iii) District 3: Unlimited movement. thereof in the F ederal R egister (60 Stat. 237; 5 U. S. C. 1001 et seq.) because the § 953.708 Lemon Regulation 601—(a) (2) As used in this section, “handled,” time intervening between the date when Findings. (1) Pursuant to the market­ “carloads,” “District 1,” “District 2,” and information upon which this section is ing agreement, as amended, and Order “District 3” shall have the same meaning based became available and the time No. 53, as amended (7 CFR Part 953; as when used in the said amended mar­ when this section must become effective 19 P. R. 7175; 20 F. R. 2913), regulating keting agreement and order. 5676 RULES AND REGULATIONS (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. Potatoes (§§ 51.1540 to 51.1559 of this Manual 60 as published in 20 F. R. 2512- 608c) title), including the tolerances set forth 2525, on April 16, 1955: Dated: August 4, 1955. therein. (1) Section 60.13-1 is revised to delete (2) During the period from August 15, the reference to “prohibited or restricted [seal] S. R. S mith, 1955, to October 8, 1955, both dates in­ area charts” since these charts are no Director, Fruit and Vegetable clusive, and subject to the requirements longer published separately. The in­ Division, Agricultural Mar­ set forth in subparagraph (1) of this formation previously contained in these keting Service. paragraph, no handler shall ship any lot charts is now incorporated in the radio [F. R. Doc. 55-6452; Filed, Aug. 5, 1955; of potatoes (i) of the Russet Burbank and facility charts and sectional and world 8:55 a. m.] Red McClure varieties grown in Area No. aeronautical charts published by the 2 if such potatoes are more than U. S. Coast and Geodetic Survey. “slightly skinned” as such term is defined (2) Section 60.18-6 (a) (4) (i) is in the said United States Standards, amended to correct a typographical error P art 958—I rish P otatoes Grown in which means that not more than ten in the traffic pattern for Fairbanks In­ Colorado percent of such potatoes have more than ternational Airport by changing the final one-fourth of the skin missing or approach distance from “at least 100 LIMITATION OF SHIPMENTS “feathered,” and (ii) of any other feet” to “at least 1,000 feet.” § 958.320 Limitation of shipments— varieties grown in Area No. 2 if such (3) Section 60.18-7 (n) is amended (a) Findings. (1) Pursuant to Market­ potatoes are more than “moderately to, clarify subparagraph (1) and to in­ ing Agreement No. 97 and Order No. 58 skinned” as such term is defined in the clude subparagraph (2) which was in­ (7 CPR Part 958; 19 P. R. 9368), regu­ said United States Standards which advertently omitted when this section lating the handling of Irish potatoes means that not more than ten percent of was published. grown in the State of Colorado, effective such potatoes have more than one-half Amendments to CAA rules § 60.18-6 under the applicable provisions of the of the skin missing or “feathered.” and § 60.18-7 are editorial in nature; Agricultural Marketing Agreement Act (3) Terms used in Marketing Agree­ therefore, compliance with the notice, of 1937, as amended (48 Stat. 31, as ment No. 97 and Order No. 58 (7 CFR procedures, and effective date provisions amended; 7 U. S. C. 601 et seq.), and Part 958; 19 F. R. 9368) shall, when used of § 4 of the Administrative Procedure upon the basis of the recommendation in this section, have the same meaning Act is unnecessary and not required. and information submitted by the area as when used in said agreement and The following revisions and amendments committee for Area No. 2, established order. are hereby adopted: pursuant to said marketing agreement (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. 1. Section 60.13-1 is revised to read as and order, and upon other available in­ 608c) follows: formation, it is hereby found that the § 60.13-1 Appropriate authority (CAA limitation of shipments, as hereinafter Done at Washington, D. C., this 3d day of August 1955 to become effective interpretations which apply to § 60.13). provided, will tend to effectuate the de­ August 15, 1955. (a) Appropriate authority to issue per­ clared policy of the act. mission for aircraft operation within a (2) It is hereby found that it is im­ [seal] S. R. Smith, prohibited or restricted area will mean practicable and contrary to the public Director, Fruit and Vegetable the “Using Agency” (Controlling Agency) interest to give preliminary notice, en­ Division, Agricultural Mar­ as shown on radio facility charts and gage in public rule making procedure, keting Service. sectional and world aeronautical charts and postpone the effective date of this [F. R. Doc. 55-6415; Filed, Aug. 5, 1955; published by the U. S. Coast and Geo­ section until 30 days after publication in 8:52 a. m.] detic Survey. the F ederal R egister (5 U. S. C. 1001 (b) Application for permission to op­ et seq.) in that (i) the time intervening erate aircraft within a prohibited or between the date when information upon TITLE 5— ADMINISTRATIVE restricted area will be made to the “Using which this section is based became avail­ PERSONNEL Agency” (Controlling Agency). able and the time when this section must (c) Application for permission to op­ become effective in order to effectuate Chapter I— Civil Service Commission erate within the Washington, D. C., pro­ the declared policy of the act is insuffi­ hibited area will be made to the Civil cient, (ii) more orderly marketing in P art 6— Exceptions F rom the Aeronautics Administration, General the public interest, than would other­ Competitive S ervice Safety Division, Washington 25, D. C. wise prevail, will be promoted by regu­ CIVIL AERONAUTICS BOARD lating the shipment of potatoes, in the 2. Section 60.18-6 (a) (4) (i) is manner set forth below, on and after Effective upon publication in the F ed­ amended to read as follows: the effective date of this section, (iti) eral R egister, paragraph (i) is added § 60.18-6 Traffic patterns for Fair­ compliance with this section will not to § 6.337 as set out below. banks Airport and Chena River Landing require any special preparation on the § 6.337 Civil Aeronautics Board. * * * iCAA rules which apply to § 60.18 (d))— part of handlers which cannot be com­ (i) One Congressional Liaison Officer. (a) Fairbanks International Airport. pleted by the effective date, (iv) reason­ * * * (R. S. 1753, sec. 2, 22 Stat. 403 ; 5 U. S. C. able time is permitted, under the cir­ 631, 633; E. O. 10440, 18 F. R. 1823, 3 CFR, (4) Landing, (i) Light aircraft shall cumstances, for such preparation, and 1953 Supp.) be operated so as to enter the final ap­

Subpart A— General Regulations rate required by this act or other appli­ which such additional payments are Sec. cable law; made. 548.1 Scope and effect of regulations. (j) Extra overtime compensation is § 548.4 Application for authorization 548.2 General conditions. properly computed and paid on other 548.3 Authorized basic rates. of a “basic rate.” (a) Application may 548.4 Application for authorization of a forms of additional pay which have not be made by any employer or group of "basic rate”. been considered in arriving at the basic employers, for authorization of a basic 548.5 Petition for amendment. rate but which are required to be in­ rate or rates, other than those approved cluded in computing the regular rate. Authority : §§ 548.1 to 548.5 issued under under § 548.3. Application must be made sec. 7, 52 Stat. 1063, as amended; 29 U. S. C. § 548.3 Authorized basic rates. A jointly with any collective bargaining 207. rate which meets all of the conditions representative of employees covered by of § 548.2 and which in addition satisfies the application. Application must be SUBPART A— GENERAL REGULATIONS all the conditions set forth in one of the made to the Administrator of the Wage § 548.1 Scope and effect of regula­ following paragraphs will be regarded as and Hour Division, U. S. Department of tions. The regulations in this part set being substantially equivalent to the Labor, Washington, D. C. forth the requirements for authorization average hôurly earnings of the employee, (b) Each application shall contain of established basic rates to be used in exclusive of overtime premiums, in the the following: the computation of overtime pay in ac­ particular work over a representative (1) A statement of the agreement or cordance with section 7 (f) (3) of the period of time and may be used in com­ understanding arrived at between the Pair Labor Standards Act of 1938, as puting overtime compensation for pur­ employer and employee, including the amended. Payment of overtime com­ poses of section 7 (f) (3) of the act, and proposed effective date, the term of the pensation in accordance with other sub­ § 548.2: agreement or understanding, and a sections of section 7 of the act is (a) A rate per hour which is obtained statement of the applicable overtime explained in Part 778 of this title (Inter­ by dividing a monthly or semi-monthly provisions, and pretative Bulletin on Overtime Com­ salary by the number of regular working (2) A description of the basic rate or pensation) . days in each monthly or semi-monthly the method or formula to be used in § 548.2 General conditions. The re­ period and then by the number of hours computing the basic rate for the type -of quirements of section 7 of the act with in the normal or regular workday. Such work or position to which it will be respect to the payment of overtime com­ a rate may be used to compute overtime applicable, and pensation to an employee for a work­ compensation for all the overtime hours (3) A statement of the kinds of jobs week longer than forty hours, will be met worked by the employee during the or employees covered by the agreement, under the provisions of section 7 (f) (3) monthly or semi-monthly period for and of the act by payments which satisfy all which the salary is paid. (4) The facts and reasons relied upon the following standards; (b) A rate per hour which is obtained to show that the basic rate so established (a) Overtime compensation com­ by averaging the earnings, exclusive of is substantially equivalent to the average puted in accordance with this part and payments described in paragraphs (1) hourly earnings of the employee, exclu­ section 7 (f) (3) of the act is paid pur­ through (7) of section 7 (d) of the act, sive of overtime premiums, in the par­ suant to an agreement or understand­ of the employee for all work performed ticular work over a representative period ing arrived at between the employer and during the workday or any other longer of time. For such showing, a basic rate the employee or as a result of collective period not exceeding sixteen calendar shall be deemed “substantially equiva­ days for which such average is regularly lent” to the average hourly earnings of bargaining before performance of the the employee if, during a representative work; computed under the agreement or (b) A rate is established by such agree­ understanding. Such a rate may be period, the employee’s total overtime ment or understanding as the basic rate used to compute overtime compensation earnings calculated at the basic rate in to be used in computing overtime com­ for all the overtime hours worked by the accordance with the applicable overtime pensation thereunder; employee during the particular period provisions are substantially equivalent to (c) The established basic rate is a for which the earnings average is com­ the amount ofsuch earnings when com­ specified rate or a rate which can be de­ puted. puted in accordance with section 7 (a) rived from the application of a specified (c) A rate per hour which is obtained of the act on the basis of the employee’s method of calculation; by averaging the earnings, exclusive of average hourly earnings for each work­ (d) The established basic rate is a payments described in paragraphs (1) week, and bona fide rate and is not less than the through (7) of section 7 (d) of the act, (5) Such additional information as of the employee for each type of work the Administrator may require. minimum hourly rate required by appli­ (c) The Administrator shall require cable law ; performed during each workweek, or (e) The basic rate so established is any other longer period not exceeding that notice of the application be given to authorized by § 548.3 or is authorized by sixteen caldendar days, for which such affected employées ih such manner as he the Administrator under § 548.4 as being average is regularly computed under the deems appropriate. The Administrator substantially equivalent to the average agreement or understanding. Such a shall notify the applicants in writing of hourly earnings of the employee, exclu­ rate may be used to compute overtime his decision as to each application. sive of overtime premiums, in the par­ compensation, during the particular (d) In authorizing a basic rate pur­ ticular work over a representative period period for which such average is conj- suant to this part, the Administrator of time; puted, for all the overtime hours worked shall include such conditions as are nec­ (f) Overtime hours are compensated by the employee at the type of work for essary to insure that the basic rate will at a rate of not less than one and one- which the rate is obtained. be used only so long as it is substantially half times such established basic rate; (d) The rate or rates which may be equivalent to the average hourly earn­ (g) The hours for which the employee used under the act to compute overtime ings of the employee, exclusive of over­ is paid not less than one and one-half compensation of the employee but ex­ time premiums, in the particular work times such established basic rate qualify cluding the cost of meals where the em­ over a representative period of time, ployer customarily furnishes not more and such other conditions as are neces­ as overtime hours under section 7 (d) sary or appropriate to insure compliance (5), (6), or (7) of the act; than a single meal per day. (h) The number of hours for which (e) The rate or rates (not less than 75 with the provisions of the act. cents an hour) which may be used under (e) The Administrator may at any the employee is paid not less than one time, upon his own motion or upon writ­ and one-half times such established the act to compute overtime compen­ sation of the employee but excluding ten request of any interested party set­ basic rate equals or exceeds the number ting forth reasonable grounds, therefor, of hours worked in excess of 40 in the additional payments in cash or in kind which, if included in the computation and after a hearing or other opportu­ workweek; nity to interested persons to present their (i) The employee’s average hourly of overtime under the act, would not increase the total compensation of the views, amend or revoke any authoriza­ earnings for the workweek exclusive of tion granted under this part. payments described in paragraphs (1) employee by more than 30 cents a week through (7) of section 7 (d) of the act on the average for all overtime weeks § 548.5 Petition for amendment. Any are not less than the minimum hourly (in excess of 40 hours) in the period for person wishing a revision of any of the No. 153----- a 5680 RULES AND REGULATIONS terms of this part may submit in writing Sec. the number of hours worked by him in such to the Administrator a petition setting 548.302 Average earnings for period other workweek in excess of forty hours— forth the changes desired and the rea­ than a workweek. • * • • * 548.303 Average earnings at each type of (3) is computed at a rate not less than one sons for proposing them. If, after con­ work. and one-half times the rate established by sideration of the petition, the Adminis­ 548.304 Excluding value of lunches fur­ such agreement or understanding as the trator believes that reasonable cause for nished. basic rata to be used in computing overtime amendment of this part is set forth, he 548.305 Excluding certain additions to compensation thereunder: Provided, That shall either schedule a hearing, with due wages. the rate so established shall be authorized by notice to interested parties, or shall RATES AUTHORIZED ON APPLICATION regulation by the Secretary of Labor as being make other provisions for affording in­ substantially equivalent to the average terested parties an opportunity to pre­ 548.400 Procedures. hourly earnings of the employee, exclusive of 548.401 Agreement or understanding. overtime premiums, in the particular work sent their views either in support of or 548.402 Applicable overtime provisions. over a representative period of time; and if in opposition to the proposed changes. 548.403 Description of method of calcula­ (i) the employee’s average hourly earnings These regulations shall become effec­ tion. for the workweek exclusive of payments de­ 548.404 Kinds of jobs or employees. scribed in paragraphs (1) through (7) of tive on the 5th day of September 1955. 548.405 Representative period. subsection (d) are not less than the mini­ Signed at Washington, D. C., this 29th COMPUTATION OF OVERTIME PAT mum hourly rate required by applicable law, day of July 1955. and (ii) extra overtime compensation is 548.500 Methods of computation. properly computed and paid on other forms S tuart R othman, 548.501 Overtime hours—offset hour for of additional pay required to be included in Solicitor of Labor. hour. computing the regular rate. 548.502 Other payments. [F. R. Doc. 55-6414; Piled, Aug. 5, 1955; REQUIREMENTS FOR A BASIC RATE 8:51 a. m.] Authority : § § 548.100 to 548.502 issued un­ der sec. 7, 52 Stat. 1063, as amended; 29 § 548.200 Requirements. The follow­ U. S. C. 207. ing conditions must be satisfied if a SUBPART B— INTERPRETATIONS “basic” rate is to be considered proper P art 548—Authorization of Estab­ under section 7 (f) (3) and Subpart A of lished B asic R ates for Computing introduction this part. Overtime P ay § 548.100 Introductory statement. (a) Agreement or understanding. (a) This subpart contains material ex­ There must be an agreement or under­ subpart b— interpretations plaining and illustrating the terms used standing establishing a basic rate or Section 7 (f) (3) of the Fair Labor in Subpart A of this part which were rates. This agreement must be arrived Standards Act, as amended, provides issued under section 7 (f) (3) of the at before performance of the work to that no employer shall be deemed to Fair Labor Standards Act. The purpose which it is intended to apply. It may be have violated section 7 (a) of the act if of section 7 (f) (3) of the act, and sub­ arrived at directly with the employee or he paid overtime on the basis of a basic part A of this part, is to provide an ex­ through his representative. The “basic” rate established by an agreement or ception from the requirements of com­ rate method of computing overtime may understanding between the employer puting overtime pay at the regular rate,1 be used for as many of the employees in and the employee, provided, among other and to allow, under specific conditions, an establishment as the employer conditions enumerated in section 7 (f) the use of an established “basic” ra te 2 chooses; provided he has reached an (3), that the rate so established shall instead. Basic rates are alternatives to agreement or understanding with these be authorized by the Secretary of Labor the regular rate of pay under section employees prior to the performance of as being substantially equivalent to the the work.* average hourly earnings of the employee, 7(a), and their use is optional. The use (b) The rate. The established basic exclusive of overtime premiums, in the of basic rates is principally intended to rate may be a specified rate or a rate particular work over a representative simplify bookkeeping and computation which can be derived from the applica­ period of time. of overtime pay. tion of a specified method of calculation. Pursuant to this provision of the act (b) Section 7 (f) of the Fair LaborFor instance, under certain conditions the Administrator has issued regulations Standards Act provides that an em­ the Regulations permit the use of the specifying certain authorized basic rates ployer will comply with the overtime re­ daily average hourly earnings of the em­ and providing for application to the quirements of the act with respect to ployee as a basis for computing daily Administrator for authorization of other an employee employed for a workweek overtime.4 Thus, a method rather than a specific rate is authorized. Also, under basic rates. in excess of 40 hours if— After due notice and public procedure certain conditions, the cost of a single as required by the Administrative Proce­ * * * pursuant to an agreement or under­ meal a day furnished to employees may standing arrived at between the employer be excluded from the computation of dure Act, Regulations, Part 548 were and the employee before performance of the published in the F ederal R egister on work, the amount paid to the employee for overtime pay.* It is the exclusion of the August 6, 1955. For the purpose of out­ cost of the meals that is authorized and each employee’s rate of pay, whatever it lining and explaining the application of 1 The regular rate is the average hourly these regulations, an explanatory bulle­ earnings of an employee for a workweek. may be—an hourly rate, a piece rate or a tin has been prepared which interprets See § 778.3 of Interpretative Bulletin, Part salary—is his basic rate. these regulations in the light of their 778 of this chapter, on overtime compensa­ (c) Minimum wage. The employee’s application to specific factual situations. tion. Sections 7 (f) (1) and 7 (f) (2) of average hourly earnings for the work­ This explanatory bulletin contains state­ the act permit overtime compensation to week (exclusive of overtime pay and ments of general policy and interpreta­ be computed, under specified conditions, at other pay which may be excluded from time and one-half the bona fide hourly or the regular rate) * and the established tions directly related to the regulations piece rate applicable to the work performed contained in this part, and is therefore during the overtime hours. See § 778.19 of basic rate used to compute overtime pay published in connection with the regu­ Interpretative Bulletin, Part 778 of this may not be less than the legal minimum.* lations in this part. The text of such chapter. * The term “basic” rate is used in Subpart •The records which an employer is re­ explanatory bulletin is as follows: A of this part, and in this bulletin means quired to maintain and preserve for an em­ Subpart B— Interpretations the rate authorized under section 7 (f) (3) ployee compensated for overtime hours on of the Fair Labor Standards Act. Such a the basis of a basic rate are described in INTRODUCTION rate may be used to compute overtime com­ § 516.18 of this subchapter. Sec. pensation under the Walsh-Healey Public * See § 548:302. 548.100 Introductory statement. Contracts Act. (See Rulings and Interpreta­ 1 See § 548.304. REQUIREMENTS FOR A BASIC RATE tions No. 3, section 42 (f) (1 )). However, •See §§ 778.4 through 778.8 of Interpreta­ the term “basic” rate in this bulletin should tive Bulletin, Part 778 of this chapter Tor 548.200 Requirements. not be confused with the more general use further discussion of what payments may be of the term in the Public Contracts Act to excluded. AUTHORIZED BASIC RATES describe all rates which may be Used to com­ TThe legal minimum is the highest rate 548.300 Introductory statement. pute overtime compensation or the use of required by the Fair Labor Standards Act or 548.301 Salaried employees. the term in any other statute. other Federal, State or local law. Saturday, August 6, 1955 FEDERAL REGISTER 5381

AUTHORIZED BASIC RATES because of the occurrence of a holiday, or standing may contemplate that the basic because the employee took a day off, or be­ rate will be the average hourly earnings § 548.300 Introductory statement. cause he worked longer than 8 hours on for a day or a specified number of days Section 548.3 contains a description of a some days during the period, or because he within the sixteen day limit, or it may number of basic rates any one of which, worked fewer than 8 hours on some days, provide that the basic rate will be the when established by agreement or under­ or because he worked more than 11 days. average hourly earnings for the period standing, is authorized for use without In any of these circumstances the employee’s basic rate would still be $1.50 an hour. If required to complete a specified job or prior specific approval of the Adminis­ in the next semi-monthly period there are jobs. trator. These basic rates have been ten working days the rate would be com­ Example 1. An employee is employed on a found in use in industry and the Admin­ puted by dividing the salary of $132 by 80 piece-work basis with overtime after 8 hours istrator has determined that they are working hours, or ten days of 8 hours each. a day and on Saturday. Ordinarily his over­ substantially equivalent to the straight- The basic rate would therefore be $1.65 an time compensation would be computed by time average hourly earnings of the em­ hour. The rate would remain $1.65 an hour averaging his earnings for the entire work­ ployee over a representative period of even though the employee did not in fact week to arrive at the regular rate of pay and time. The authorized basic rates are work ten 8-hour days during the period for then computing the overtime compensation described below. the reasons indicated above, or for any other due. Under this subsection of the regulations reason. the employer and the employee may agree to § 548.301 Salaried employees, (a) (c) The overtime compensation forcompute overtime on the basis of the aver­ Section 548.3 (a) authorizes as an estab­ each workweek should be computed at age hourly earnings for each day. Similarly, lished basic rate: “A rate per hour which in a situation involving a bi-weekly or a not less than time and one-half the es­ semi-monthly pay period the employer may is obtained by dividing a monthly or tablished basic rate applicable in the find it convenient to compute overtime on semi-monthly salary by the number of period during which the overtime is the basis of the average hourly earnings for regular working days in each monthly or ’ worked. Thus, in the example given the bi-weekly or semi-monthly period.10 semi-monthly period and then by the above all overtime worked in the first Example 2. An employee is paid a fixed number of hours in the normal or regular half-month would be computed at not amount of money for the completion of each workday. Such a rate may be used to less than time and one-half the basic job. Elach job takes 2 or 3 days to complete. compute overtime compensation for all Under the employment agreement, the em­ rate of $1.50 an hour; in the second ployee is entitled to time and one-half an the overtime hours worked by the em­ half-month overtime would be paid for authorized basic rate of all hours worked in ployee during the monthly or semi­ at not less than time and one-half the excess of 40 in the workweek. The authorized monthly period for which the salary is rate of $1.65 an hour. Where a work­ basic rate is the employee’s average hourly paid.” week overlaps two semi-monthly periods earnings for each job. Suppose he completes (b) Section 548.3 (a) may be applied part of the overtime may be performed two jobs in a particular workweek and all his in one semi-monthly period and part in overtime hours are on job #2. The employ­ to salaried employees paid on a monthly ee’s average hourly earnings on job # 2 may or semi-monthly basis. Under section 7 another semi-monthly period with a dif­ be used to compute hie overtime pay. (a) of the act the method of computing ferent basic rate. If it is desired to the regular rate of pay for an employee avoid computing overtime compensation (2) In this connection it should be who is paid on a monthly or semi­ in the same workweek at two different noted that although the basic rate is ob­ monthly salary basis is to reduce the rates, the employment arrangement may tained by averaging earnings over a pe­ salary to its weekly equivalent by multi­ provide that overtime compensation for riod other than a workweek the number plying the monthly salary by 12 (the each workweek should be computed at of overtime hours under the Act must be number of months) or the semi-monthly the established basic rate applicable in determined on a workweek basis. salary by 24, and dividing by 52 (the the half-monthly or monthly period dur­ (c) In computing the basic rate under number of weeks). The weekly equiva­ ing which the workweek ends. § 548.3 (b), the employer may exclude lent is then divided by the number of § 548.302 Averaging earnings for pe­ from the computation the payments hours in the week which the salary is in­ riod other than a workweek, (a) Sec­ which he could exclude in computing the tended to compensate.8 Section 548.3 tion 548.3 (b) authorizes as an estab­ “regular” rate of pay.“ (a) is designed to provide an alternative lished basic rate: “A rate per hour which § 548.303 Average earnings tor each method of computing the rate for over­ is obtained by averaging the earnings, type of work, (a) Section 548.3 (c) au­ time purposes in the case of an employee exclusive of payments described in para­ thorizes as an established basic rate: who is compensated pn a monthly or graphs (1) through (7) of section 7 (d) “A rate per hour which is obtained by semi-monthly salary basis, where this of the Act, of the employee for all work averaging the earnings, exclusive of pay­ method is found more desirable. This performed during the workday or any ments described in paragraphs (1) method is applicable only where the other longer period not exceeding six­ through (7) of Section 7 (d) of the Act, salary is paid for a specified number of teen calendar days for which such aver­ of the employee for each type of work days per week and a specified number of age is regularly computed under the performed during each workweek, or any hours per day normally or regularly agreement or understanding. Such a other longer period not exceeding six­ worked by the employee. It permits the rate may be used to compute overtime teen calendar days, for which such aver­ employer to take into account the varia­ compensation for all the overtime hours age is regularly computed under the tions in the number of regular working worked by the employee during the par­ agreement or understanding. Such a days in each pay period. The basic rate ticular period for which the earnings rate may be used to compute overtime authorized by § 548.3 (a) is obtained by average is computed.” compensation, during the particular pe­ dividing the monthly or semi-monthly (b) (1) The ordinary method of com­ riod for which such average is computed, salary by the number of regular working puting overtime under the act is at the for all the overtime hours worked by the days in the month or half-month, and employee’s regular rate of pay, obtained employee at the type of work for which then by the number of hours of the nor­ by averaging his hourly earnings for the rate is obtained.” mal or regular work day. each workweek. Section 548.3 (b) au­ (b) Section 548.3 (c) differs from Example. An employee Is compensated at thorizes overtime to be computed on the § 548.3 (b) in this way: Section 548.3 a semi-monthly salary of $132 for a work­ basis of the employee’s average hourly (b) provides for the computation of the week of five days of 8 hours each, Monday earnings for a period longer or shorter basic rate on thè average of all earnings through Friday. If a particular half-month than a workweek. It permits the pay­ during the specified period; § 548.3 (c) begins on Tuesday and ends on the second ment of overtime compensation on the permits the basic rate to be computed Tuesday following there are 11 working days basis of average hourly earnings for a on the basis of the earnings for each in that half-month. The employee’s basic rate would then be computed by dividing day, a week, two weeks or any period particular type of work. Thus, if the the $132 salary by 11 working days of 8 hours up to 16 calendar days, if the period employee performs different types of each, or 88 hours. The basic rate in this is established and agreed \o with the situation would therefore be $1.50 an hour. employee prior to the performance of m see § 548.301 (c) for a discussion of the The basic rate would remain the same re­ the work.* The agreement or under- method of computing overtime for an em­ gardless of the fact that the employee did ployee paid on a semi-monthly basis. not actually work 11 days of 8 hours each • Averaging over periods in excess of 16 « see !§ 778.4 through 778.8 of Interpreta­ calendar days may in appropriate cases be tive Bulletin, Part 778 of this chapter for 8 See § 778.3 (b) (4) of the Interpretative authorized by the Administrator under an explanation of what payments may be Bulletin, Part 778 of this chapter. § 548.4. excluded. 5682 RULES AND REGULATIONS work, each involving a different rate of lzes as established basic rates: "The total earnings by more than 30 cents a pay such as different piece-rate, job rate or rates (not less than 75 cents an week.1* rates, or a combination of these with hour) which may be used under the act (e) There are many situations in hourly rates, a separate basic rate may to compute overtime compensation of which the employer and employee can­ be computed for each type of work and the employee but excluding additional not predict with any degree of certainty overtime computed on the basis of the payments in cash or in kind which, if the amount of bonus to be paid at the rate or rates applicable to the type of included in the computation of overtime end of the bonus period. They may not work performed dining the overtime under the act, would not increase the be able to anticipate with any degree of hours. i total compensation of the employee by certainty the number of hours an em­ Example. An employee who is paid on a more than 30 cents a week on the aver­ ployee might work each week during the weekly basis with overtime after 40 hours age for all overtime weeks (in excess bonus period. In such situations the works six 8-hour days in a workweek under of 40 hours) in the period for which such employer and employee may agree prior an agreement or understanding reached pur­ additional payments are made.” to the performance of the work that a suant to this subsection. He performs three (b) Section 548.3 (e) permits the em­ bonus will be disregarded in the compu­ different types of piece-work each at a differ­ ployer, upon agreement or understand­ ent rate of pay. The basic rates to be used tation of overtime pay if the employee’s for computing overtime in this situation ing with the employee, to omit from the total earnings are not affected by more would be arrived at by dividing the earnings computation of overtime certain inci­ than 30 cents a week on the average for for each type of work by the number of dental payments which have a trivial all overtime weeks during the bonus pe­ hours during which that type of work was effect on the overtime compensation riod. If it turns out at the end of the performed. There would thus be three differ­ due. Examples of payments which may bonus period that the effect on the em­ ent basic rates, one for each type of work. be excluded are: modest housing, ployee’s total compensation would ex­ Since the overtime hours used in this illus­ bonuses or prizes of various sorts, tui­ ceed 30 cents a week on the average, tration occur on the sixth day, the types of tion paid by the employer for the em­ work performed on the sixth day would deter­ then additional overtime compensation mine the basic rate or rates on which over­ ployee’s attendance at a school, and cash must be paid on the bonus. (See § 778.6 time would be computed that week. Thus, payments or merchandise awards for (b) of the Interpretative Bulletin, Part if the average hourly earnings for the three soliciting or obtaining new business. It 778 of this chapter, for an explanation types of work are respectively $1 an hour may also include such things as payment of how to compute overtime on the in type A, $1.20 an hour in type B, and $1.40 bonus.) an hour in type C, and on the sixth day the by the employer of the employee’s social employee works on type B, his overtime security tax. (f) In order to determine whether the premium for the sixth day would be one-half (c) The exclusion of one or more ad­ exclusion of a bonus or other incidental the basic rate of $1.20 an hour, multiplied ditional payments under § 548.3 (e) payment would affect the total compen­ by the eight hours worked on that day. sation of the employee by not more than must not affect the overtime compen­ 30 cents a week on the average, a com­ § 548.304 Excluding value of lunches sation of the employee by more than 30 parison is made between his total furnished, (a) This section authorizes cents a week on the average for the compensation computed under the em­ as established basic rates: “The rate or overtime weeks. rates which may be used under the Act ployment agreement and his total Example. An employee is paid a cost-of- compensation computed in accordance to compute overtime compensation of living bonus of $260 each calendar quarter, with the applicable overtime provisions the employee but excluding the cost of or $20 per week. The employee works over­ of the act. meals where the employer customarily time in only two weeks in the thirteen-week furnishes not more than a single meal per period, and in each of these overtime weeks Example. An employee Is paid at piece day.” he works 50 hours. He is therefore entitled rates and at one and one-half times the ap­ (b) It is the purpose of § 548.3 (d) to to $2 as overtime compensation on the bonus plicable piece rates for work performed dur­ permit the employer upon agreement for each week in which overtime was worked ing hours in excess of 40 in the workweek. (i. e„ $20 bonus divided by 50 hours equals The employee is also paid a bonus, which with his employees to omit from the com­ 40 cents an hour; ten overtime hours, times when apportioned over the bonus period, putation of overtime the cost of a free one-half, times 40 cents an hour, equals amounts to $2 a week. He never works more daily lunch or other single daily meal $2). While this is less than 20 cents a week than 50 hours a week. The piece rates could furnished to the employees. The policy on the average over the thirteen-week period be established as basic rates under the em­ behind § 548.3 (d) is derived from the covered by the bonus, it is more than 30 ployment agreement and additional over­ Administrator’s experience that the cents on the average for the two overtime time compensation paid on the bonus. The amount of additional overtime compen­ weeks. This cost-of-living bonus would employee’s total compensation computed sation involved in such cases is trivial and therefore not be excluded from the overtime in accordance with the applicable overtime computation under § 548.3 (e). provision of the act, section 7 (f) (1),“ does not justify the bookkeeping required would be affected by not more than 20 cents in computing it. Section 548.3 (d) is (d) It is not always necessary to make in any week by not paying overtime com­ applicable only in cases where the em­ elaborate computations to determine pensation on the bonus.1* ployer customarily furnishes no more whether the effect of the exclusion of a than a single meal a day. If more than (g) Section 548.3 (e) is not applicable one meal a day is customarily furnished bonus or other incidental payment on to employees employed at subminimum by the employer all such meals must be the employee’s total compensation will wage rates under learner certificates, or taken into account in computing the exceed 30 cents a week on the average. special certificates for handicapped regular rate of pay and the overtime Frequently the addition to regular wages workers, or in the case of employees in compensation due.1* In a situation is so small or the number of overtime Puerto Rico or the Virgin Islands em­ where the employer furnishes three hours is so limited that under any con­ ployed at less than 75 cents an hour. meals a day to his employees he may not, ceivable circumstances exclusion of the RATES AUTHORIZED ON APPLICATION under § 548.3 (d), omit one of the three additional payments from the rate used meals in computing overtime compensa­ to compute the employee’s overtime com­ § 548.400 Procedures. (a) If an em­ tion. However, if an employer furnishes pensation would not affect the em­ ployer wants to use an established basic a free lunch every day and, in addition, ployee’s total earnings by more than 30 occasionally pays “supper money” u when 11 For a 50 hour week, an employee’s bonus the employees work overtime, the cost of cents a week. The determination that would have to amount to $3 a week to affect the lunches and the supper money may this is so may be made by inspection of his overtime compensation by 30 cents. both be excluded from the overtime the payroll records or knowledge of the “ Section 7 (f) (1) of the act provides normal working hours. that overtime compensation may be paid rates. at one and one-half times the applicable § 548.305 Excluding certain additions Example. An employer has a policy of piece rate but extra overtime compensation giving employees who have a perfect attend­ must be properly computed and paid on to wages, (a) Section 548.3 (e) author- ance record during a four-weeks period a additional pay required to be included in bonus of $10. The employee never works computing the regular rate. 11 See § 777.12 of regulations, Part 777 of more than 50 hours a week. It is obvious “ Bonus of $2 divided by 50 hours equals this chapter. that exclusion of this attendance bonus from 4 cents an hour. Half of this hourly rate “ See § 778.7 (b) (4) of Interpretative Bul­ the rate of pay used to compute overtime multiplied by 10 overtime hours equals 20 letin, Part 778 of this chapter. compensation could not affect the employee’s cents. Saturday, August 6, 1955 FEDERAL REGISTER 5683 rate other than one of those authorized ified a new application for authorization busy seasons the period used for com­ under § 548.3, he must obtain specific should be made.” parison of overtime earnings would have prior approval from the Administrator. § 548.402 Applicable overtime provi­ to include both a slow and a busy season For example, if an employer wishes to sions. The application should also con­ in order to be representative. Likewise, compute overtime compensation for tain a description of the terms of em­ if a piece-worker’s average hourly earn­ piece workers for each workweek in a ployment relating to overtime so that the ings vary appreciably from week to week 4-week period at established basic rates Administrator can determine how the because of differences in materials or which are the straight-time average established basic rate will be used if it is styles worked on, the period used for hourly earnings for each employee for approved. For instance, if the em­ purposes of comparison would have to the immediately preceding 4-week pe­ ployees are to be paid time and one-half include work on the different materials riod, he should apply to the Adminis­ the basic rate for all hours worked in and styles in order to be representative. trator for authorization. The applica­ excess of 35 each workweek, this should COMPUTATION OF OVERTIME PAY tion for approval of such a basic rate be stated in the application. If the em­ should be addressed to the Adminis­ ployees are to be paid double time for § 548.500 Methods of computation. trator of the Wage and Hour Division, work on Sundays the application should The methods of computing overtime pay U. S. Department of Labor, Washington so state. on the basic rates for piece workers, 25, D. C. No particular form of applica­ hourly rated employees, and salaried tion is required but the minimum neces­ § 548.403 Description of method of employees are the same as the methods sary information outlined in § 548.4 calculation. The established basic rate of computing overtime pay at the regu­ for which approval will be sought will lar rate. should be included. The application normally be a formula or method of cal­ may be made by an employer or a group Example 1. Under an employment agree­ of employers. If any of the employees culation of a rate rather than a specific ment the basic rate to be used in computing covered by the application is represented dollars and cents rate.20 The applica­ overtime compensation, for a piece worker tion should contain a complete descrip­ for hours of work in excess of 8 in each day by a collective bargaining agent a joint tion of the formula or method of calcula­ is the employee’s average hourly earnings for application of the employer and the bar­ tion of the established basic rate, all work performed during that day.28 The gaining agent should be filed. It is not including any necessary examples which employee is entitled to one-half the basic necessary to file separate applications will enable the Administrator to under­ rate for each daily overtime hour in addition for each employee. One application will stand how the rate will be computed and to the total piece work earnings for the day. cover as many employees as will be paid applied. Example 2. An employee’s basic rate is his at the proposed basic rate or rates. monthly salary divided by the number of (b) Prior approval of the Administra­ § 548.404 Kinds of jobs or employees. regular hours of work in the month.24 If the tor is also required if the employer de­ The application should describe or other­ salary is intended to cover straight-time com­ wise identify the employees to whom the pensation for a 40 hour week he would be en­ sires to use a basic rate or basic rates titled to overtime for every hour after 40 which come within the scope of a com­ established basic rate will apply. The computed on the basis of one and one-half bination of two or more of the para­ individual employees need not be identi­ times the established basic rate, in addition graphs in § 548 3 unless the basic rate fied by name but may be described in to his monthly salary. If the salary is in­ or rates sought to be adopted meet the terms of job classification, department, tended to cover a workweek shorter than 40 requirements of a single paragraph in location or other appropriate identifying hours, such as 35 hours, he would be entitled characteristics. to additional straight-time at the basic rate § 548.3. For instance, an employee may for the hours between 35 and 40 and also to receive free lunches, the cost of which, § 548.405 Representative period, (a) overtime at one and one-half times that rate by agreement or understanding, is not The application must set forth the facts for all hours worked in excess of 40 in a week. to be included in the rate used to com­ relied upon to show that the established pute overtime compensation.17 In addi­ basic rate is substantially equivalent to § 548.501 Overtime hours other than tion, the employee may receive an at­ the average hourly earnings of the em­ those after 40 a week. Many employees tendance bonus which, by agreement or ployee exclusive of overtime premiums are paid daily overtime pay or Saturday understanding, is to be excluded from over a representative period of time." overtime pay or overtime pay on a basis the rate used to compute overtime com­ The basic rate will be considered “sub­ other than the statutory standard of pensation.” Since these exclusions in­ stantially equivalent” to the average overtime pay for hours worked in excess volve two paragraphs of § 548.3, prior hourly earnings of the employee if, dur­ of 40 in the workweek. In these cases, approval of the Administrator would be ing a representative period, the em­ the number of hours for which an em­ necessary unless the exclusion of the ployee’s total overtime earnings calcu­ ployee is paid at least one and one-half cost of the free lunches together with the lated at the basic rate in accordance with times an established basic rate must attendance bonus do not affect the em­ the applicable overtime provisions are equal or exceed the number of hours ployee’s overtime compensation by more approximately equal to the employee’s worked in excess of 40 in the workweek. than 30 cents a week on the average, in total overtime earnings computed on his However, only overtime hours under the which case the employer and the em­ average hourly earnings for each work­ employment agreement which also ployee may treat the situation as one week in accordance with section 7 (a) of qualify as overtime hours under section falling within a single paragraph, § 548.3 the act." 7 (d) (5), (6) or (7) of the a c t26 may be (b) The length of time constituting a offset against the hours of work in excess

Gila and Salt R iver Meridian [Public Land Order 1201] Sec. 15, Ey2NWi,4. NW^NW^; T. 39 N., R. 6 E., [Misc. 62869] Sec. 22, Ni/2NEy4; Sec. 17, SE%; Sec. 24, SWy4. Sec. 20, NE^NEi/4; W yoming T. 44 N., R. 76 W., Sec. 11, Wy2NEy4, Ni/aNW^, NW^SE^; Sec. 21, W%NWy4, SE%NW%. SW&; REVOKING PUBLIC LAND ORDER 811 OF MARCH sec. 27, w y2swy4, SE%SWy4; Sec. 13,Ey2NW^, SW^SW'i SWy4SE%; Sec. 28, Wy2NEÎ4, SE^NE^, E^NW ^, 7, 1952, WHICH WITHDREW PUBLIC LANDS Sec. 14, Ny2NEi4, NEy4NW^, SEy4SEy4; Ni/aSEVi. AND RESERVED MINERALS IN PATENTED Sec. 15, NW14NE14, sy2NEy4, Nwy4, sy2; LANDS FOR USE OF THE UNITED STATES Sec. 22, Ny2NWV4, SW'iNW^; The areas described aggregate 880 ATOMIC ENERGY COMMISSION Sec. 23, NEy4, SW^iSE^, Ny2SEi4; acres. Sec. 24, Wy2NEi4, SWy4NW^, Ny2SWV4. The NE^SEVi, sec. 28, is patented By virtue of the authority vested in Wy2SE%; land. the President and pursuant to Executive Sec. 25, sy2swy4; The remaining lands are situated Order No. 10355 of May 26, 1952, it is Sec. 26, Wy2NEi4, W^SW^; ordered as follows: Sec. 32, Ey2\ along Soap Creek, approximately 10 Sec. 33, W y2; miles southwest of Marble Canyon, Ari­ 1. Public Land Order No. 811 of March Sec. 35, Sy2NEi4 , SEy4NWV4. Ny2SEV4. zona. U. S. Highway No. 89 traverses 7, 1952, withdrawing public lands and T. 42 N„ R. 77 W., the lands in Section 27. The lands are the minerals reserved to the United Sec. 22, Ey2SWy4, SEi4; States in patented lands in the following- Sec. 23, Wy2; rolling to rough. The soil is sandy described areas in Wyoming for use of Sec. 24, NE‘/4; with rocky outcroppings. Vegetation is Sec. 27, Sy2. very sparse and consists of a few native the United States Atomic Energy Com­ grasses and weeds. The greater portion mission, is hereby revoked: 3. The following lands in the areas of lands have only a small grazing value S ixth Principal Meridian described in paragraph 1 of this order due to the rough topography and soil T. 42 N., R. 75 W., have been patented, with a reservation of type. Secs. 5 and 6. the minerals to the United States: T. 43 N„ R. 75 W., No application for the restored lands S ixth Principal Meridian may be allowed under thé homestead, Secs. 3 to 12, inclusive; desert-land, small tract, or any other Secs. 15 to 22, inclusive; T. 42 N., R. 75 W., Secs. 28 to 32, inclusive. Sec. 5; nonmineral public-land law unless the T. 44 N., R. 75 W., Sec. 6, all, except lot 7. lands have already been classified as Secs. 31 to 34, inclusive. T. 43 N„ R. 75 W., valuable or suitable for such type of T. 42 N., R. 76 W., Sec. 3, Wy2NW^, NW>/4SW»/4; application, or shall be so classified upon Secs. 1 to 5, inclusive; sec. 6, n e &n w ^ , sw y4NEy4, sy2Nwy4, the consideration of an application. Secs. 7 to 11, inclusive; sy2; Any application that is filed will be con­ Secs. 16 to 21, inclusive; Sec. 7, Ny2, NE14SE14; sidered on its merits. The lands will Secs. 29 and 30. Sec. 8, Ey2; T. 43 N., R. 76 W., Sec. 9, sw y4, wy2SEy4, s e ^ s e ^; not be subject to occupancy or disposi­ Secs. 1 to 5, inclusive; Sec. 10, Ey2; tion until they have been classified. Secs. 8 to 17, inclusive; sec. 11, ei/2, nw>/4, wy2swy4; This order shall not otherwise become Secs. 20 to 29, inclusive; Secs. 12 and 15; effective to change the status of the re­ Secs. 32 to 36, inclusive. sec. 17, sy2N»/2, Ny2sy2, sy2swi4, swft stored lands until 10:00 a. m. on the T. 44 N„ R. 76 W., SEy4; 35th day after the date of this order. Secs. 11 to 16, inclusive; Sec. 18, SEy4NEy4, W ^NE^, NWV4. s%; At that time the said lands shall become Secs. 21 to 28, inclusive; Sec. 19, Ny2, Ny2SW&, SE14; Secs. 32 to 36, Inclusive. sec. 20, wy2NEy4, nw>/4, sy2: subject to application, petition and se­ T. 42 N., R. 77 W., sec. 21, Ey2, Nwy4swy4, sy2swy4; lection, subject to valid existing rights, Secs. 22 to 27, inclusive. Secs. 22, 28 and 29; the provisions of existing withdrawals, Sec. 30, Ey2, SE&NW^, E^SW^; the requirements of applicable laws, and The areas described, including both Sec. 31; the 91-day preference-right filing pe­ public and non-public lands, aggregate sec. 32, ni/2, swy4, wy2sEy4. riod for veterans and others entitled approximately 65,343.29 acres, of which T. 44 N., R. 75 W., to preference under the act of Septem­ approximately 7,520 acres are public Sec. 31, Sy2NEi4, NW%NE%, Ey2W ^; ber 27, 1944 (58 Stat. 747; 43 U. S. C. lands, and 38,920 acres are patented Sec. 32, Ey2, NW‘/4i NWi4SW%, SE&SW&; lands with minerals reserved in the sec. 33, Ny2, Ny2sy2; 279-284), as amended. Sec. 34, SW^NWft, NW&SW^. Veterans’ preference-right applica­ United States. T. 42, N., R. 76 W., tions under the said act of September 27, 2. The following lands in the areas Sec. 1; 1944, may be received on or before 10:00 described in paragraph 1 of this order are Sec. 2, Ey2, NWi/4, E^SW ^; a. m., on the 35th day after the date of public lands of the United States: Sec. 3, N y2; Sec. this order, and those covering the same S ixth P rincipal Meridian 4, Ny2, wy2swi4; Sec. 5, Ey2Ey2, wy2; lands shall be treated as though simul­ T. 42 N., R. 75 W., Sec. 7, Ny2; taneously filed at that time. Applica­ Sec. 6, lot 7. Sec. 8; tions filed under the act after that time T. 43 N., R. 75 W., Sec. 10, Wy2NEi/4, W%, NW^SE^; and during the succeeding 91 days shall Sec. 3, SE^NW1^; Sec. 11, NE14, Ey2wy2, Wi/2SE^; be considered in the order of filing. Ap­ Sec. 4, SW^NW'i, SW^, Sy2SE&; Sec. 17, Wi/2, NWy4SEi4, sy2SE%; plications by the general public under the Sec. 5, Ey2, NW%; Sec. 18, Sy2; public-land laws, including the mineral­ Sec. 6, lots 1 and 2, SEy4NE»/4; Sec. 19, Ny2NE»,4, NE^NW&, Wy2SW&, leasing laws, received on or before 10:00 Sec. 9, Ny2, NEJ4SE14; SE^SW^, SW^SEi/4; Sec. 10, wy2NWi4, NWy4SW»4. Sec. 20, NE^4, Ny2NWi4, SE14NW&, E*/2 a. m. on the 126th day after the date of T. 44 N., R. 75 W.t SW^, Ni/aSE^, SW^SE^; this order shall be treated as though Sec. 31, SE14; Sec. 21, Ey2, Ni/2NWi/4, SE^NW ^, NE^ simultaneously filed at that time, where Sec. 32, NEy4SWy4, SW^SW&. swi/4, sy2swy4; the applications are for the same lands; T. 42 N., R. 76 W., Sec. 29, NW1/4NEV4, Sy2NE%; NWy4, N>/2 I Sec. 10, Ei/2Ei/2, SW^SE»/4; SWV4, SE^SW ^, N1/2SE^, SW%SEi4; otherwise, priority of filing shall govern. Sec. 11, Wy2'W1A; Sec. 30, Ny2, Ny2sy2. Inquiries regarding the lands shall be Sec. 19, W‘/2NWi4, SE&NW^, NE^SW‘/4; T. 43 N., R. 76 W., addressed to the Manager, Land Office, Sec. 20, SEi/4SEy4; Sec. 1, Ny2NEi4, Ei/2SWi4, SE14; Bureau of Land Management, Phoenix, Sec. 21, SW'ANW'i, NW&SW^; Sec. 2, NE&, E'/jNWii, NE&SW&, NW^' Sec. 29, NE&NE14. SE y4 ; Arizona. T. 43 N., R. 76 W., Secs. 3 and 4; Orme Lewis, Sec. 5, SW‘/4SEy4; Sec. 5, Ny2, SW14, NW^SE»4, Ey2SE»4; Assistant Secretary of the Interior. Sec. 9, Ny2. SE%; Sec. 8, Ny2, Sy2SW^; August 1, 1955. Sec. 12, Ny2NWV4: Sec. 9, SWi4; Sec. 13, NWy4NW»/4; Sec. 10, E»4; [P. R. Doc, 55-6388; Piled, Aug. 5, 1955; T . 43 N., R. 76 W., cont. Sec. 11; 8:48 a. m.] Sec. 14, Ny2NEi4, SW%NEy4, NW‘i; Sec. 12, Ey2, sy2NW^, SW&; Saturday, August 6, 1955 FEDERAL REGISTER 5G87

Sec. 13, NE%, NE^NW ^, Sy2NW»/4. 8%*. 7. Subject to any existing valid rights, Inquiries regarding the lands shall be Sec. 14, SE^NEV4, SW%, NW%SE$4, the provisions of any existing withdraw­ addressed to the Manager, Land Office, sy2sEy4; als, and, to the requirements of applicable Bureau of Land Management, Chey­ sec. 15, ei/2 , sw y4 n w ^4 , sw % : enne, Wyoming. sec. 17, sy2NEi4, wy2i W%SE%T law, the lands released from withdrawal Sec. 20, Sy2NEi4, SE^NW ^, SE]4; by this order are hereby opened to filing Orme Lew is, sec. 2i, sy2Ny2, sy2; of applications, selections, and locations Assistant Secretary of the Interior. sec. 22, sy^NE%, s w ^ s w ^ ; in accordance with the following: Sec. 23, Ny2, NEy4SWy4, SEy4; (a) Applications and selections under August 4, 1955. Sec. 24, NE1ANE%, Wy2NE»4, NW}4; the nonmineral public-land laws and ap­ [P. R. Doc. 55-6419; Piled, Aug. 5, 1955; sec. 25, wy2NEV4, wy2, Wy2SEi4 , SEy4 plications and offers under the mineral­ 8:53 a. m.] SEi4; Sec. 26, NEy2NE%, SEi4NE}4, W ^NW ^, leasing laws may be presented to the SWy4, SWi4SE%; Manager mentioned below, beginning on Sec. 27; the date of this order. Such applica­ TITLE 47— TELECOMMUNI­ Sec. 28, N%; tions, selections, and offers will be con­ CATION Sec. 29, Ey2; sidered as filed on the hour and respective Sec. 32, Sy2; dates shown for the various classes Chapter I—-Federal Communications Sec. 33, N&; enumerated in the following paragraphs; Commission Sec. 34, Ny2; (1) Applications by persons having Sec. 35. [Rules Arndt. 2-3; FCC 55-832] T. 44 N., R. 76 W., prior existing valid settlement rights, sec. 11, sy2Nwy4, swy4, sw y,S E ^ , Eya preference rights conferred by existing P art 2—F requency Allocations and R a­ SE%; laws, or equitable claims subject to al­ dio T reaty Matters; G eneral R ules Sec. 12, Ey2NEy4, NW ^NE^, Wy2SW%, lowance and confirmation will be ad­ and R egulations Ni/2SEy4; judicated on the facts presented in laws, treaties, agreements and arrange­ sec. 13, s w ^ n e ^ , w y2NW^, Ny2swy4, support of each claim or right. All ap­ SE%SW14, Ny2SEi/4, SEi/4SEy4; plications presented by persons other ments relating to radio Sec. 14, NW14NW14, Sy2Ni/2, SW*4, Ny2 than those referred to in this paragraph At a session of the Federal Communi­ SE 14, sw % S E i4 ; Sec. 15, NE%NE%; will be subject to the applications and cations Commission held at its offices in Sec. 21, Sy2NWV4, SWy4 , Ey2SEi/4 ; claims mentioned in this .paragraph. Washington, D. C., on the 27th day of Sec. 22, NE14, SE%NW%, SW%; (2) All valid applications under the July 1955; Sec. 23, NWy4, NE%SW%, SE^SE^; - Homestead, Desert Land, and Small The Commission having under consid­ Sec. 24, Ei/2Ey2, Ny2NWy4, SE14NW14, Tract Laws by qualified veterans of eration § 2.601 of Part 2 of its Rules and sy2sw%; World War II or the Korean conflict, and Regulations; and Sec. 25, Nwyi; by others entitled to preference rights It appearing, that the proposed sec. 26, Ey2NEi4, SE^swy4. sy2sEy4; under the act of September 27, 1944 (58 changes are not substantive and do not Sec. 27; Sec. 28, Wy2; ' Stat, 747; 43 U. S. C. 279-284) as in any way affect the requirements of Sec. 32, SW1^; amended, presented prior to 10:00 a. m. any of the Commission’s Rules and Regu­ Sec. 33, SE14; on August 18, 1955, will be considered lations; and sec. 34, w y2NEy4, sw y4, w y2sEy4; as simultaneously filed at that hour. It further appearing, that because of Sec. 35, Ny2NEy4, NE^NW ^, Ey2SWy4, Rights under such preference right ap­ the informational nature of the proposed S%SE%. plications filed after that hour and be­ changes, notice and public procedure T. 42 N., R. 77 W., fore 10:00 a. m. on November 17, 1955 thereon as prescribed by section 4 (a) of Sec. 22, Ny2, wy2sw y4; the Administrative Procedure Act is un­ sec. 23, wy2NEy4, SE%; will be governed by the time of filing. Sec. 24, Ey2NWy4, sy2SW ^, SEi4; (3) All valid applications and selec­ necessary, and that this order may be Sec. 25, Ny2, SW%, W%SE%; tions under the nonmineral public-land made effective immediately for the same sec. 26, Ny2, Ny2sw i4, sw% swy4, NEy4 laws, other than those coming under reasons; and SE]4; sub-paragraphs (1) and (2) above, and It further appearing, that authority Sec. 27, Ny,. applications and offers under the min­ for this action is contained in sections 4 4. The remaining lands in the areas eral-leasing laws, presented prior to (i) and 303 (r) of the Communications described in paragraph 1 of this order, 10:00 a. m. on November 17, 1955, will Act of 1934, as amended. other than those described in para­ be considered as simultaneously filed at It is ordered, That, effective immedi­ graphs 2 and 3, are State or other non­ that hour. Rights under such applica­ ately, Part 2 of the Commission’s Rules public lands, and are not subject to tions and selections filed after that hour and Regulations is amended as set forth appropriation under the public-land will be governed by the time of filing. below. laws or the mining laws. (b) The vacant public lands described (Sec. 4, 48 Stat. 1066 as amended; 47 U. S. C. 5. The public lands released from in paragraph 2, and the reserved min­ 154. Interprets or applies sec. 303, 48 Stat. withdrawal are located approximately erals in the patented lands described 1082 as amended; 47 TJ. S. C. 303) 25 miles east of Kaycee, Wyoming; The in paragraph 3 will be .open to location Released: July 29, 1955. topography varies from nearly level to under the United States mining laws, beginning at 10:00 a. m. on November F ederal Communications rough. Soils vary from clay to sandy Commission, clay loam and are generally unsuited to 17, 1955. Mining locations made prior to that time are invalid. [seal] Mary Jane Morris, crop production. These soils support a Secretary. mixture of grass and sagebrush and for 8. Persons claiming veterans’ prefer­ the most part the vegetation is in good ence rights under paragraph 7 (a) (2) 1. Part 2 is amended by replacing the condition. above must enclose with their applica­ existing text of § 2.601 with the text 6. No application for the lands de­ tions proper evidence of military or below :. scribed in paragraph 1 may be allowed naval service, preferably a complete § 2.601 Laws, Treaties, Agreements under the homestead, desert-land, small photostatic copy of the certificate of and Arrangements Relating to Radio. tract, or any other nonmineral public- honorable discharge. Persons claiming land law unless the lands have already preference rights based upon valid set­ (Corrected to July 1, 1955. Unless been classified as valuable or suitable for tlement, statutory preference, or equita­ otherwise indicated, copies of these docu­ such type of application, or shall be so ble claims must enclose properly cor­ ments listed below may be obtained from roborated statements in support of their the Government Printing Office, Wash­ classified upon the consideration of an applications, setting forth all facts rel­ ington 25, D. C.) application. Any application that is filed evant to their claims. Detailed rules will be considered on its merits. The (a) The applicable Federal Laws, Inter­ and regulations-governing applications national Treaties, Agreements, and Arrange­ lands will not be subject to occupancy which may be filed pursuant to this ments in force relating to radio and to which or disposition until they have been classi­ notice can be found in Title 43 of the the United States of America is a party, are fied. Code of Federal Regulations. listed below; Ko. 153----- 3 5688 5688 Date Series1 Subject Date Series1 Subject

1925 T. S. 724-A...... Arrangements between the United States, Great Britain, Canada, and Newfound­ 1946 TIAS 1553...^...... North American Regional Broadcasting (NARBA) Interim Agreement between land. Effected by exchange of notes signed September and October 1925, providing the United States and Other Governments (Modus Vivendi). Signed at Wash- for the prevention of interference by ships off the coast of these countries with inton, D. C., Feb. 25, 1946. Entered into force Mar. 29, 1946. (See T. S. 962 and radio broadcasting. Entered into force Oct. 1, 1925. (Not available at the Gov­ E. A. S. 227.) Amended by an Arrangement between the United States and Can­ ernment Printing Office.) ada concerning Engineering Standards Applicable to the Allocation of Standard 1928 T. S. 767-A...... Arrangement between the United States and the Dominion of Canada governing Broadcasting Stations (540-1600 kc) (TIAS 1802 which entered into force Apr. 1, and radio communication between private experimental stations. Effected by exchange 1948). (Not available at the Government Printing Office.) 1929 of notes signed Oct. 2, and Dec. 29, 1928, and Jan. 12, 1929. Entered into force 1947 TIAS 1652...... Agreement between the United States and the United Kingdom of GreatJBritain alnd Jan. 1, 1929. This Arrangement is continued by the Arrangement contained in Northern Ireland concerning Telecommunication Standarization of Distance E. A. S. 62. (Not available at'the Government Printing Office.) Measuring Equipment. Signed at Washington, D. C., Oct. 13, 1947. Entered 1929 T. S. 777-A...... Arrangement between the United States, Canada, Cuba, and Newfoundland relat­ into force Oct. 13, 1947. (Not available at the Government Printing Office.) ing to assignment of high frequencies on the North American Continent. Effected 1947 TIAS 1670...... Interim Arrangement between the United States and Canada with respect to Mobile by exchange of notes signed at Ottawa on Feb. 26 and 28, 1929. Entered into force Radio Transmitting Stations. Effected by exchange of notes signed at Washing­ Mar. 1,1929. (Cuba ceased to be a party by virtue of notice to the Canadian Govern­ ton, D. C., June 25 and Aug. 20, 1947. Entered into force Aug. 20, 1947. (Not ment of Oct.-5, 1933.) Arrangement still in force with respect to the United States available at the Government Printing Office.) and Canada (including Newfoundland). (Not available at the Government Print­ 1947 TIAS 1676...... Agreement between the United States and the United Nations relative to head­ ing Office.) quarters of the U. N. Signed at Lake Success, June 26, 1947. Entered into force 1934 Communications Act of 1934, as amended. Nov. 21, 1947, by an exchange of notes between the United States Representative 1934 E. A. S. 62...... Arrangement between the United States and the Dominion of Canada relative to to the United Nations and the Secretary- General of the U. N. (The provisions radio communications between private experimental stations and between amateur of this Agreement were also made Public Law 357 of the 80th Congress, approved stations. Continues the Arrangement effected by the Arrangement contained in Aug. 4, 1947.) (Not available at the Government Printing Office.) T. S. 767-A. Effected by exchange of notes Apr. 23 and May 2 and 4,1934. Entered 1947 TIAS 1726...... Agreement between the United States and Canada providing for Frequency Modula­ into force on May 4,1934. (Not available at the Government Printing Office.) tion Broadcasting in channels in the r. f. band 88-108 Me. Effected by exchange 1934 E. A. S. 66...... Arrangement between the United States and Peru concerning radio communications of notes signed at Washington, D. C., Jan. 8 and Oct. 15, 1947. Entered into force between amateur stations on behalf of third parties. Effected by exchange of Oct. 15,1947. (Not available at the Government Printing Office.) notes signed Feb. 16 and May 23, 1934. Entered into force May 23, 1934. (Not Í947 TIAS 1901...... International Radio Regulations. Signed at Atlantic City, Oct. 2, 1947. Entered available at the Government Printing Office.) \ into force Jan. 1,1949, except for those Radio Regulations enumerated in Article 47. 1934 E. A. S. 72...... Arrangement between the United States and Chile relative to radio communications However, the effective date provisions of the Radio Regulations Article 47 have been between amateur stations on behalf of third parties. Effected by exchange of superseded by the provisions of the Agreement signed at the Extraordinary Admin­ notes signed Aug. 2 and 17, 1934. Entered into force Aug. 17, 1934. (Not available istrative Radio Conference, Geneva, 1951. (This printing contains also the Inter­ REGULATIONS AND RULES at the Government Printing Office.) national Telecommunication Convention, Atlantic City, 1947, which is superseded 1937 E. A. S. 109...... Agreement between the United States and Canada relating to the exchange of infor­ by the International Telecommunication Convention, Buenos Aires, 1952. The mation concerning! issuance of radio licenses. Effected by exchange of notes printing does not contain the Additional Radio Regulations since the United signed Mar. 2 and 10, Aug. 17, Sept. 8 and 20, Oct. 9, 1937. Entered into force States is not a party thereto. Copies of the Atlantic City Radio Regulations Sept. 8,1937. This Agreement was largely superseded by the notification procedure which include the Additional Radio Regulations, are available only from the established in the NARBA (T. S. 962, E. A. 8. 227, and TIAS 1553) and under International. Telecommunication Union, Geneva, Switzerland.) (Not available the Inter-American Radio-Communications Convention (T. S. 938). (Not avail­ at the Government Printing Office.) able at the Government Printing Office.) 1948 TIAS 1802...... Arrangement between the United States and Canada concerning Radio Broadcasting. 1937 T. S. 938...... Inter-American Radio Communications Convention between the United States and Engineering Standards Applicable to the Allocation of Standard Broadcasting Other Powers. Signed at Habana, Dec. 13,1937 (First Inter-American Conference). Stations (540-1600 kc). Effected by exchange of notes signed at Washington, D. C., Entered into force Apr. 17, 1939. (Not available at the Government Printing Dec. 24,1947, and Apr. 1,1948. Entered into force Apr. 1,1948. (Not available at Office.) the Government Printing Office.) 1937 T. S. 962...... North American Regional Broadcasting Agreement (NARBA) between the United 1948 TIAS 2495...... International Convention for the Safety of Life at Sea and Annexed Regulations. States, Cuba, Dominican Republic, Haiti, and Mexico. Signed at Habana, Dec. Signed at London June 10,1948. Entered into force Nov. 19,1952. 13, 1937. Entered into force Mar. 29,1941. E. A. S. 227 and TIAS 1553 supplement 1949 TIAS 2175...... Telegraph Regulations (Paris Revision, 1949), annexed to the International Tele­ this Agreement. (Not available at the Government Printing Office.) communication Convention and Final Protocol to the Telegraph Regulations. 1938 T. S. 949______Regional Radio Convention between the United States (in behalf of the Canal Zone) Signed at Paris Aug. 5, 1949. Entered into force with respect to the United States and Other Powers. Signed at Guatemala City, Dec. 8, 1938. Entered into force Sept. 26,1950. Oct. 8, 1939. (Not available at the Government Printing Office.) 1949 TIAS 2435...... Agreement between the United States and Certain British Commonwealth Govern­ 1938 E. A. S. 136...... Arrangement between the United States and Canada relative to Radio Broadcasting. ments regarding Telecommunications. Signed at London, Aug. 12,1949. Entered Effected by exchange of notes signed Oct. 28, and Dec. 10,1938. Entered into force into force Feb. 24, 1950. This Agreement was amended by TIAS 2705 which was Mar. 29, 1940. (Not available at the Government Printing Office.) signed Oct. 1,1952. 1938 E. A. S. 142...... Agreement between the United States and Canada concerningRadio Communica­ 1949 TIAS 2489....__ Inter-American Radio Agreement between the United States and Canada and Other tions. Effected by exchange of notes signed in June, July, August, September, American Republic.8 (Fourth Inter-American Radio Conference.) Signed at October, November, and December 1938. Entered into force Aug. 1, 1938. (Not Washington, D. C., July 9, 1949. Entered into force Apr. 13, 1952, subject to the available at the Government Printing Office.) ■ provisions of Article 13. 1939 E. A. S. 143...... Arrangement between the United States and Canada concerning the Use of Radio 1950- TIAS 2433...... Arrangement between the United States and Ecuador concerning Radio Communi­ for Civil Aeronautical Services. Effected by exchange of notes signed Feb. 20, cations between Amateur Stations on Behalf of Third Parties. Effected by 1939. Entered into force Feb. 20,1939. (Not available at the Government Printing exchange of notes signed at Quito, Mar. 16 and 17, 1950. Entered into, force Mar. Office.) 17.1950. 1940 E. A. S. 196...... Agreement between the United States and Mexico with regard to Broadcasting. 1951 TIAS 2223...... Agreement between the United States and Liberia regarding Radio Communications Effected by exchange of notes signed Aug. 24, and 28, 1940. Entered into force between Amateur Stations on Behalf of Third Parties. Effected by exchange of Mar. 29,1941. (Not available at the Government Printing Office.) notes signed at Monrovia Nov. 9, 1950, and Jan. 8, 9 and 10, 1951. Entered into 1941 E. A. S. 227...... Supplemental^ North American Regional Broadcasting Agreement signed at Wash­ force Jan. 11,1951. ington, D. C., Jan. 30, 1941. Entered into force Mar. 29, 1941. (See T. S. 962 and 1951 TIAS 2508...... Treaty with Canada relating to Mutual Recognition by the United States and TIAS 1553.) (Not available at the Government Printing Office.) Canada of Certain Radio Station and Operator Licenses issued in either country. 1944 E. A. S. 400...... Agreement between the United States and Canada regarding Construction and Signed at Ottawa Feb. 8,1951. Entered into force May 15, 1952. . Operation of Radio Broadcasting Stations in Northwestern Canada. Effected by 1951 TIAS 2259...... Agreement between the United States and Ceylon concerning the Use of Facilities exchange of notes signed at Ottawa Nov. 5 and 25, 1943, and Jan. 17, 1944. Entered of Radio Ceylon. Effected by exchange of notes signed at Colombo May 12 and into force Jan. 17,1944. (Not available at the Government Printing Office.) 14.1951. Entered into force May 14,1951. 1946 TIAS 1527...... Agreement between the United States and the Union of Soviet Socialist Republics * In addition, certain Resolutions and Recommendations were adopted by a number of countries, members of the on Organization of Commercial Radio Teletype Communication Channels. Signed International Telecommunication Union Region 2 at Washington, D. C., on July 9, 1949.. (Not available at the at Moscow, May 24, 1946. Entered into force May 24, 1946. (Not available at the Government Printing Office.) Government Printing Office. Available from the International Telecommunication Union! Geneva, Switzerland.) IT . S. —Treaty Series. E. A. S.—Executive Agreement Series. TIAS—Treaties and other International Acts Series. Saturday

Date Series * Subject Date Series 1 Subject

1951 TIAS 2366...... Agreement between the United States and Mexico which assigns Television Ere- 1937 E. A. S. 200...... Inter-American Arrangement concerning Radiocommunications and Annex. Signed quency Channels to Cities within 250 Miles of the United States-Mexico Border. at Habana Dec. 13,1937. Entered into force July 1,1938. This Arrangement was re­ Effected by exchange of notes signed at Mexico Aug. 10, and Sept. 26,1951. Entered placed by the Inter-American Agreement concerning Radiocommunications signed into force Sept. 26, 1951. (TIAS 2366 is amended by TIAS 2654 which was signed at Santiago Jan. 26, 1940 (E. A. S. 231). (Not available at the Government , at Mexico City June 4 and 25, 1952). Printing Office.) 1955 6, August 1951 TIAS 2459...... Agreement between the United States and Cuba concerning the Control of Electro- 1938 T. S. 948...... General Radio Regulations (Cairo Revision, 1938) and Final Radio Protocol (Cairo magnetic Radiation. Effected by exchange of notes signed at Habana Dec. 10 Revision, 1938) annexed to the International Telecommunication Convention of and 18,1951. Entered into force Dec. 18,1951. Madrid, 1932. Superseded by the Radio Regulations (Atlantic City, 1947) annexed 1951 TTAS 2753 ___ Agreement signed at the Extraordinary Administrative Radio Conference to bring to the international Telecommunication Convention. Entered into force Sept. 1, into force tne Table of Frequency Allocations and other provisions of the Radio 1939. (Not available at the Government Printing Office.) Regulations (Atlantic City, 1947) not brought into force Jan. 1, 1949. Signed at 1940 E. A. S. 231...... Inter-American Radio Communications Agreement between the United States, Geneva, Dec. 3,1951. Entered into force Mar. 1, 1952. Canada, and Other American Republics. (Second Inter-American Radio Con­ 1952 TIAS 2520...... Agreement between the United States and Cuba regarding Radio Communications ference). Signed at Santiago Jan. 26,1940. Entered into force with respect to the between Amateur Stations on Behalf of Third Parties. Effected by exchange of United States June 26, 1941. Replaced by the Inter-American Radio Agreement notes signed at Habana, Sept. 17,1951, and Feb. 27, 1952. Entered into force Feb. signed at Washington, D. C., July 9, 1949. (Not available at the Government 27 1952 Printing Office.) 1952 1 TIAS 2548...... Agreement between the United States and Denmark regarding the Registration of 1947 TIAS 1901...... 5689 International Telecommunication Convention. Signed at FEDERAL REGISTER Atlantic City, OCt. 2, Frequencies Used in Greenland by United States Authorities. Effected by ex­ 1947. Entered into force Jan. 1, 1949. Superseded by the International Tele­ change of notes signed at Washington, D. C., Mar. 25 and Apr. 4, 1952. Entered communication Convention signed at Buenos Aires, Dec. 22, 1952. (This printing into force Apr. 4, 1952. contains also the Radio Regulations and other documents still in force.) (Not 1952 TIAS 2594...... Agreement between the United States and Canada which assigns Television Fre­ available at the Government Printing Office.) quency Channels to Cities within 250 Miles of the United States-Canadian Border. Effected by exchange of notes signed at Ottawa Apr. 23, 1952, and June 23, 1952. Entered into force June 23, 1952. (Not available at the Government Printing 1T. S.—Treaty Series. E. A. S.—Executive Agreement Series. TIAS—Treaties and other International Acts Office.) Series. 1952 TIAS 2654...... Amendment to TIAS 2366. Amends the Agreement between the United States and Mexico on the Allocation of Television Channels Along the United States-Mexican (c) The following agreement has been signed by the United States and is in­ Border. Signed at Mexico June 4 and 25, 1952. Entered into force June 25, 1952. cluded because of its importance or of the imminence of its effective date: 1952 TTAS 2666_____ Agreement between the United States and Canada for the Purpose of Promoting Safety on the Great Lakes by Means of Radio. The Agreement applies to vessels of all countries as provided for in Article 3. Signed at Ottawa, Feb. 21,1952. Rati­ fications exchanged at Washington, D. C., Nov. 13, 1952. Entered into force Nov. Date Series1 Subject 13,1954. (Not available at the Government Printing Office.) 1952 TTAS 2701____ _ Agreement between the United States and Haiti regarding Short Range Aid to Navigation. Effected by exchange of notes signed at Port-au-Prince Aug. 22 and 1950 North American Regional Broadcasting Agreement (NARBA) between the United 29,1952. Entered into force Aug. 29,1952. States, Canada, Cuba, Dominican Republic, United Kingdom of Great Britain 1952 TTAS 2703 _____ London Revision (1952) of the London Telecommunication Agreement (1949) between and Northern Ireland for the Territories in the North American Region (Bahama the United States and Canada and Certain British Commonwealth Governments. Islands and Jamaica). Signed at Washington, D. C., Nov. 15, 1950. Agreement Signed at London Oct. 1, 1952. Entered into force Oct. 1,1952. This amends the will enter into force subsequent to ratification or adherence of at least three of the agreement contained in TIAS 2435 signed at London Aug. 12,1949. following four countries, in accordance with Part III, Paragraph 1, of the Agree­ 1952 International Telecommunication Convention. Signed at Buenos Aires, Dec. 22, ment: Canada, Cuba, Mexico and the United States. Subject to ratification pro­ 1952. Entered into force with respect to the United States June 27, 1955. (Not cedure in the United States. (Not available at the Government Printing Office. available at the Government Printing Office. Available from the International Available from the Department of State Telecommunications Division, Wash­ Telecommunication Union, Geneva, Switzerland.) ington 25, D. C.)

*T. S.—Treaty Series. B. A. S.—Executive Agreement Series. TIAS—Treaties and other In­ 1 TIAS—Treaties and Other International Acts Series. ternational Acts Series. (d) There are, in addition to the foregoing, certain treaties, agreements, or (b) In addition, the United States of America is bound by certain treaties and arrangements primarily concerned with matters other than the use of radio but agreements which are generally considered as superseded because some of the which affect the work of the Federal Communications Commission, insofar as they contracting countries other than the United States did not become a party to subse­ involve communications. Among the most important of these are the following: quent treaties and agreements. The United States is, in such instances, bound by the older agreement with respect to its relations with those particular countries. These include the following: Date Series1 Subject 1944 TIAS 1591...... International Civil Aviation Convention.* Signed at Chicago, Dec. 7,1944. Entered Date Series1 Subject into force Apr. 4,1947. 1946 to ICAO Regional Air Navigation Meetings, Communications Committee Final pres­ Reports.* 1912 T. S. 581______International Radiotelegraph Convention. Final Protocol and Service Regulations. ent Signed at London, July 5, 1912. Entered into force July 1, 1913. (Not available 1946 ICAO Communication Division, Second Session, Montreal.* at the Government Printing Office.) 1949 ICAO Communication Division, Third Session, Montreal.» 1927 T. a. 767______International Radiotelegraph Convention and General Regulations. Signed at 1951 ICAO Communication Division, Fourth Session, Montreal.* Washington, D. C., Nov. 25, 1927. Entered into force Jan. 1, 1929. (Not available 1954 ICAO Communication Division, Fifth Session, Montreal.* at the Government Printing Office.) 1932 T. a. 867______International Telecommunication Convention, General Radio Regulations annexed to. the International Telecommunication Convention. Signed at Madrid Dec. 9, i TIAS—Treaties and Other International Acts Series. 1932. Entered into force Jan. 1,1934. (Not available at the Government Printing * Not available at the Government Printing Office. Available from the Secretary General of ICAO, International Office.) Aviation Building, 1080 University St., Montreal, Canada. * T. S.—Treaty Series. E. A. S.—Executive Agreement Series. TIAS—Treaties and other In­ ternational Acts Series. [P. R. Doc. 55-6274; Filed, Aug. 5, 1955; 8:48 a. m.] 5690 FEDERAL REGISTER

PROPOSED RULE MAKING

DEPARTMENT OF LABOR Washington, D. C. The hearing was release was issued announcing a hearing concluded on February 26, 1955. The to be held in Washington, D. C., on Feb­ Public Contracts Division record remained open until April 29, ruary 1, 1955.* The notice of hearing 1955, to permit the filing of additional was published in the F ederal R egister [ 41 CFR Part 202 1 material and briefs. Representatives on January i, 1955. When the hearing B ituminous Coal I ndustry of employees and employers appeared at convened on February 1, various parties the hearing to present evidence and tes­ for the first time requested that the NOTICE OF PROPOSED DETERMINATION OF timony. In addition to the petitioners, hearing be postponed.4 Notwithstanding PREVAILING MINIMUM WAGES coal companies and associations from that this request was not timely made, This matter is before the Department Virginia, Pennsylvania, Kentucky, Ten­ the Hearing Officer suspended the hear­ pursuant to the act of June 30, 1936, as nessee, Alabama, Indiana, Colorado and ings on February 4, 1955, for 10 days in amended (49 Stat. 2036; 41 U. S, C. sec. Illinois were represented at the hearing. order to grant further time for various The Honorable Carl Elliot appeared and parties to prepare their cases.5 The 35 et seq.), entitled “An Act to provide offered testimony on behalf of the hearing was not concluded until Feb­ conditions for the purchase of supplies Seventh Congressional District of Ala­ ruary 26, ten weeks after the notice was and the making of contracts by the bama. The Department of Labor pre­ issued. United States and for other purposes,” sented evidence with respect to Govern­ That ample time and full opportunity and known as the Walsh-Healey Public ment coal procurement practices. were given all interested parties to Contracts Act. It arises upon the peti­ At the hearing and in briefs-filed sub­ gather and present relevant data is tion of the United Mine Workers of sequent to the hearing, various legal clearly demonstrated by the extensive America (hereinafter referred to as objections were raised with respect to presentations of the very parties who UMWA), the Pittsburgh Consolidation this proceeding. object to the adequacy of advance notice. Coal Company, and the Pocahontas Fuel “Open Market” Exemption. It has Of the nearly 2,000-page transcript of Company (all three hereinafter referred been asserted that I have no jurisdiction testimony, an extensive portion is de­ to as petitioners), dated December 15, to fix a minimum wage applicable to the voted to the presentation of direct evi­ 1954, for the determination of prevailing Bituminous Coal Industry because con­ dence and cross-examination by these minimum wages for persons employed in tracts for the purchase of bituminous parties. They asked for and were the Bituminous Coal Industry in the per­ coal are exempt from the act’s require­ granted additional time to gather sta­ formance of contracts subject to the act. ments. This assertion is grounded on a tistical data and did in fact submit such Petitioners requested the determina­ challenge of the Department’s interpre­ data for consideration. Under these cir­ tion of minimum wages varying from tation that the “open market” purchase cumstances, their contention of insuffi­ $2.015 to $2.346 per hour for ten separate exemption contained in section 9 of the cient advance notice is without merit. geographical areas. They also urged act applies only: “Where the contract­ With respect to the sufficiency of the that the Industry be defined as that in­ ing officer is authorized by the express notice itself, it is asserted that interested dustry which produces or furnishes all language of a statute to purchase ‘in the parties were not fairly apprised of the coal except Pennsylvania anthracite. open market,’ or where a purchase of issues involved so that they might pre­ General. Notice of a hearing in this articles, supplies, materials, or equip­ sent relevant data or argument. matter to be held February 1, 1955 was ment either in being or virtually so, is A though objection to the sufficiency published in the F ederal R egister on made without advertising for bids under of notice is allegedly based upon the January 1, 1955.1 A copy of the notice circumstances bringing such purchases requirements of section 4 (a) of the Ad­ was contained in a press release issued within the exemption to the General ministrative Procedure Act (5 U. S. C. on December 30, 1954. Purchase Statute, R. S. 3709, that is, 1003 (a) ) with respect to rule-making, This notice and release advised inter­ where immediate delivery is required by many of the supporting arguments are ested persons of the time and place at public exigency.” (Section 201.2 (a), more appropriate to an adjudicatory which they could appear and offer testi­ General Regulations under the Walsh- proceeding. It is argued that parties mony: Cl) as to what are the prevailing Healey Public Contracts Act, 41 CFR opposing a determination were hampered minimum wages in the Bituminous Coal 201.2 (a).) in preparing their cases because they Industry; (2) as to the propriety of the I do not consider this matter properly were not given advance notice as to the proposed definition of this Industry; and raised in this proceeding. The purpose exact position parties favoring a wage (3) as to whether a single determination of the hearing was to determine the determination would take at the hearing applicable for all of the areas in which terms of the wage stipulation in those and the nature and amount of evidence the Industry operates, or a separate de­ Government procurement contracts for these parties would present. termination for each of several different bituminous coal subject to the act. The Under section 4 (a) of the Adminis­ smaller geographical areas (including notice of hearing did not undertake to trative Procedure Act, the notice of hear­ the appropriate limits of such areas), place in issue the question of whether ing is required to set forth “* * * either should be determined for this Industry. particular contracts might be exempt the terms or substance of the proposed The notice particularly invited informa­ from the requirements of the act by rule or a discussion of the subject and tion with respect to the subject matter force of the “open market” or any other such issues involved.” of the testimony as to (1) thç number of exemption. This issue can only be de­ The subject matter of the proposed workers covered in the presentation; (2) cided on a case by case basis, depending rule-making is plainly described in the the numbers and location of establish­ on the terms and circumstances of notice as “the determination of the pre­ ments and annual tonnage of coal pro­ particular contracts. vailing minimum wage for the Bitumi­ duced; (3) minimum wages paid and the Procedural objections. Irregularities nous Coal Industry.” The basic issues number of workers receiving such wages in the administrative proceedings have are clearly set forth as what the prevail­ and the occupations in which these work­ been alleged which are asserted as ing wages in the Industry are, the pro­ ers are found; and (4) the extent to grounds for preventing a valid determi­ priety of the proposed definition of the which there is competition in this in­ nation on the present record. They con­ Industry, and whether separate deter­ dustry betwen different plants in dif­ sist of alleged insufficient advance notice minations should be made for different ferent geographical areas. The notice of hearing and insufficiency of the notice geographic areas and the appropriate also stated that “To the extent possible, itself. limits of such areas. Certainly the no­ data should be submitted in such a man­ The first public announcement that tice “sufficiently alerted” interested par­ ner as to permit evaluation thereof on proceedings to make a determination ties that any “data, views, and argu­ a plant by plant basis.” would be instituted were contained in a ment” pertinent to the determination Pursuant to the notice, a hearing was press release issued on December 17, held beginning February 1, 1955, at 1954.* On December 30, 1954, a second •Government Exhibit 3. 4T. 11. 1 See 20 P. R. 5. •T. 1794. * T. 448. Saturday, August 6, 1955 FEDERAL REGISTER 5691 would be considered. See City of Dallas a tendency to impair the present con­ the largest single purchaser of bitumi­ v. Civil Aeronautics Board, 221 P. 2d 501. tract, unlawfully confiscate its property, nous coal in the United States. In 1954 Nothing in the Administrative Pro­ and deprive the Stearns Coal and Lum­ sales to the Government exceeded 13 cedure Act contemplates that the notice ber Company of its equal rights as million tons. This compares with an mention the details of the evidence which guaranteed by the Constitution.” estimated total output in the continental will be introduced. Particularly in rule- Wage determinations have no retro­ United States of about 391 million tons. making, as distinguished from adjudica­ active effect. They do not apply to con­ It is predicted, furthermore, that Gov­ tion, some generality in the notice is tracts in being and, in fact, first begin ernment purchases will be substantially necessary. Since the Walsh-Healey Act to apply to contracts some weeks after increased in coming years, with the re­ directs the Secretary of Labor to deter­ the final determination is issued. Nei­ sult that Government purchases will mine the prevailing minimum wages “on ther the Stearns Coal and Lumber Com­ have an increasingly important influ­ the record after an opportunity for a pany nor any other company has a ence on the economic conditions of the hearing” it would, indeed, be inconsistent vested right to do business with the Industry.* with the statutory direction to attempt Federal Government (see Perkins v. Under the system of competitive bid­ to give a detailed specification in the Lukens Steel Co., 310 U. S. 113). The ding adhered to by the Government, the advance notice, of every consideration assertion that a wage determination various contracting agencies must ac­ that might have a bearing on the would violate its constitutional rights is cept the lowest responsible bid. Coal is determination. accordingly without merit. The terms a highly competitive industry in which Under section 4 of the Administrative of the Company’s employment agree­ wage costs represent a sizeable part of Procedure Act, all interested parties were ment, whether arrived at through col­ operating costs.1* In consequence, wage entitled to notice of “a description of the lective bargaining or otherwise, cannot rates, where they are substandard, may subjects and issues involved” in the pro­ nullify the valid wage requirements of result in unfair competitive advantage, ceeding, and such notice was given. The the Walsh-Healey Act. contrary to the purpose of the act. The fact that the notice went beyond this Definition of the industry. The notice increase in Government coal purchases requirement and also set forth the gen­ of hearing directs attention to a pro­ has brought about a situation where a eral position that certain parties would posal that the Bituminous Coal Industry determination is necessary and desirable take at the hearing can hardly be con­ be defined as “that industry which pro­ in order to carry out the act’s pur­ sidered as having prejudiced those op­ duces or furnishes all coal except Penn­ pose “* * * to obviate the possibility posing the determination in preparation sylvania anthracite.” that any part of our tremendous na­ of their own cases. The peitioners testified in support of tional expenditures would go to forces Prejudgment. It is also asserted that the proposed definition, and indicated tending to depress wages and purchasing I have prejudged this proceeding, thereby that it is intended to include lignite.1 power and offending fair social standards precluding an impartial determination There was no testimony in opposition to of employment.” u upon the record. The ground alleged for the proposed definition. However, the Basis of determination. Section 1 (b) this assertion is that on February 26, term “bituminous coal” is sometimes of the Walsh-Healey Act authorizes the 1955, the Advisory Committee on Energy used as not including lignite (e. g., in Secretary of Labor to determine the pre­ Supplies and Resources Policy, of which the Federal Safety Code for Bituminous vailing minimum wages on either one or I am a member, made, among others, Coal and Lignite; and U. S. Bureau of more of three bases: For persons em­ the following recommendations with re­ Mines’ survey “Bituminous Coal and Lig­ ployed (1) “on similar work,” or (2) “in spect to the coal industry:8 “The Secre­ nite in 1953,” Government Exhibit 7). the particular or similar industries” or tary of Labor under the Walsh-Healey It appears that the words “including (3) in “groups of industries currently Act should pursue his present policy of lignite,” inserted after the words “all operating in the locality in which the making determinations of wage stand­ coal” would make it clear that lignite materials, supplies, articles or equipment ards at the earliest practicable date.” is intended to be included within the are to be manufactured or furnished un­ It is argued that my membership on definition. der said contract.” The notice of hear­ this Committee and this recommenda­ Wage and other data in the record ing in this case called for data as to the tion make it clear that I had determined apply to mines and to related operations prevailing minimum wages in the “par­ even before the hearings were concluded in tipples, preparation plants, and load­ ticular” industry that produces or fur­ that a wage determination would be ing ramps, whether these facilities are nishes bituminous coal. made for the Bituminous Coal Industry, operated by the mine or by an inde­ In the context of the Act it seems irrespective of the nature of the record. pendent company.8 There are no wage proper to conclude that the phrase “cur­ I do not consider this assertion justi­ or other data, however, for the Great rently operating in the locality” was in­ fied on the basis of anything in the re­ Lakes and tidewater docks, and the rec­ tended to qualify only groups of indus­ port of the Advisory Committee. The ord contains no information leading to tries and does not limit “similar work” initiation of any wage determination the conclusion that such Great Lakes or or “particular or similar industries.” proceeding is invariably preceded by a tidewater docks have ever been consid­ Thus, where a determination, as in the policy decision that a wage determina­ ered to be part of the Bituminous Coal instant case, is made on the basis of the tion may be in order. The actual deter­ Industry. particular industry, there is no require­ mination must be and is made, however, After full consideration of the record ment in the Act itself that the deter­ on the basis of the record adduced at the I find that the following definition is mination be made on other than an hearing. There is nothing in the Ad­ appropriate for the purpose of this pro­ industry-wide basis. Where, however, visory Committee’s report to justify the posal: The Bituminous Coal Industry is competitive and other economic factors inference that I should or would proceed defined as that industry which produces are such that an industry-wide determi­ other than in accordance with law. The or furnishes all coal (including lignite) nation is not required or appropriate to suggestion that I have prejudged the is­ except Pennsylvania anthracite. “Pro­ carry out the purposes of the act, wage sues involved in this case is accordingly duces or furnishes” includes mining or determinations have been made which rejected. other extraction, and the loading, screen­ recognize area breakdowns of particular Conflict with existing employment ing, sizing, washing, oiling and other industries. contracts. The Stearns Coal and Lum­ preparation for market of bituminous Appropriate geographic areas for a ber Company, Somerset, Kentucky, ar­ coal, and activities incidental to these determination. Approximately 456 mil­ gues that any determination providing operations. The term “preparation for lion tons of bituminous coal were mined rates in excess of those contained in its market” does not include any activities in the continental United States in 1953 collective bargaining agreement “would performed at Great Lakes or tidewater and about 391 million tons in 1954.12 The be contrary to the spirit of the Labor- docks. Management Relations Act, would have Need for a determination. Govern­ »T. 289-91, 1501; Government Exhibits .9 ment coal purchases have steadily in­ and 11; Virginia. Operators Exhibit 11. •The Chairman of the Committee is the creased over the past decade. At the MT. 291. director of the Office of Defense Mobilization. present time the Federal Government is “ Perkins v. Lukens Steel Company, 310 The other members are the Secretaries of U. S. 113, 132. State, Treasury, Defense, Justice, Interior, * T. 25-6. “ Government Exhibit 7; Virginia Oper­ Commerce, and Labor. • T. 288-9, 492, 871, 1089, 1139-40, 1142-3. ators Exhibit 11. 5692 PROPOSED RULE MAKING

Industry is widely distributed, following produced in Virginia move to Ohio and Petitioners’ proposal. The petitioners commercial coal deposits. Producing in spite of the cost of shipment are able for a minimum wage determination pro­ States in 1953 and 1954 ranged from the to compete with coals mined in Ohio, posed the establishment of the follow­ Gulf of Mexico to the Great Lakes and the freight disadvantage being offset by ing ten minimum wage areas:21 the Canadian border and from the At­ the higher quality of Virginia coal.17 A. Pennsylvania, Michigan, Ohio, lantic to the Pacific. .However, the bulk It is thus evident that the production Maryland, West Virginia, Virginia, Ten­ of production is concentrated in the and marketing practices in this extrac­ nessee except the counties listed in D, Appalachian area, with very substantial tive industry are not characterized by Illinois, and Kentucky except counties production also in Illinois, Indiana, Ohio, industry-wide patterns or uniformities. listed in C. western Kentucky and Colorado, and There are definitely regional differences B. Indiana. with smaller amounts of production in the predominant characteristics of C. Following counties in Western reported in each year for 14 other States. the coal industry. Kentucky: Butler, Christian, Crittenden, Bituminous coal deposits vary widely It is also significant that no one ap­ Daviess, Hancock, Henderson, Hopkins, in character as to volatility, ash, sulphur pearing at the hearing suggested that a Logan, McLean, Muhlenberg, Ohio, and moisture content, and other proper­ determination of prevailing minimum Simpson, Todd, Union, Warren, and ties that affect the desirability of coal wages on an industry-wide basis would Webster. for particular uses. Bituminous coal is be appropriate for this Industry. In D. Alabama, and following counties notably bulky, with transportation costs fact, the largest area proposed by any in Southern Tennessee: Bledsoe, in consequence strongly affecting the of the interested parties at the hearing Grundy, Hamilton, Marion, McMinn, marketing patterns of the Industry. was limited to an area which includes Rhea, Sequatchie, Van Buren, Warren, In order to obtain information to as­ six producing states and portions of two and White. sist in the evaluation of these marketing others.18 E. Arkansas, Iowa, Kansas, Missouri, patterns with relation to Government I find, therefore, that in view of the and Oklahoma. procurement of coal, the Department ob­ unique natural, economic, and historic F. Colorado and New Mexico. tained for the record detailed informa­ characteristics of the Bituminous Coal G. North Dakota. tion on contractors and on unsuccessful Industry, it would be inappropriate and H. Montana. bidders from each of the most important unnecessary to the accomplishment of I. Utahr and Wyoming. coal-purchasing agencies.“ These data the purpose of the act, to determine pre­ J. Washington. cover 156 installations scattered vailing minimum wages on an industry­ It was contended that these areas rep­ throughout the entire country and ac­ wide basis in this case. I turn then to resented natural competitive groupings count for about 90 percent of total t^ie question of what geographic areas of mines and that the recognition of this Government coal purchases during the are most appropriate for separate deter­ fact had led to the establishment of dif­ period covered. These data clearly in­ minations. Several proposals were made ferent wage patterns in the various areas dicate that mines do not have nation­ at the hearing and I have considered through negotiations between the wide distribution, but instead have lim­ each of these as well as other obvious UMWA and the bituminous coal opera­ ited coal distribution areas. geographic breakdowns of the Industry. tors. The areas were said to represent It is clear, for example, that lignite Five proposals were made at the hear­ the carefully considered judgment of produced in North Dakota does not com­ ing as to the appropriate areas for a both labor and management with respect pete with the higher quality coals of minimum wage determination for the to the necessity for wage differentials in Illinois and that transportation costs Industry. Pour of these proposals were an industry characterized by a delicate prevent competition between coals mined confined to the geographic areas of the balance of competition.28 in the Rocky Mountain and in the Ap­ parties making the proposals, and these However, the description of these areas palachian areas. Even in the case of areas are Virginia, part of Pennsylvania, as competitive entities is open to consid­ more nearly adjacent areas, competition and portions of Kentucky. A more gen­ erable doubt in some cases. Thus, the is often sharply limited in extent. The eral proposal was made by the UMWA, testimony of both the petitioners and data with respect to Government pur­ the Pittsburgh Consolidation Coal Com­ their opposition indicated that there was chases indicates, for example, that com­ pany and the Pocahontas Fuel Company, little or no competition between cer­ petition of Iowa producers for Govern­ petitioners in these proceedings, who tain parts of Area A, which is by far the ment business is limited to installations proposed the 10 areas set forth below. most important area proposed by the within that State.18 These areas cover all but three or four All of the natural factors affecting the petitioners, accounting for about four- producing states with very minor quanti­ fifths of the bituminous coal produced ability of coals to compete, as well as ties of commercial coal production.1* freight rates and transportation costs, in the U. S.28 The lack of substantial These proposals are discussed in more competition between various parts of vary widely between adjacent coal pro­ detail below. ducing regions. The record clearly in­ Area A is also indicated by the data on In addition to these proposals, the Government purchases previously re­ dicates, for example, that the higher record contains information as to other quality of coal produced in East Ken­ ferred to.2* Mines in Illinois, for ex­ geographic classifications. Thus the ample, competed with mines in only tucky is a decisive factor in its ability comprehensive production statistics re­ to compete with lower quality West ported by the U. S. Bureau of Mines in three of the other seven states included Kentucky coal.1* Lower productivity of in Area A, and that competition was Government Exhibit 7 show separate negligible. Similarly, the competition Alabama mines because of rock partings data for counties, for States, and for 23 and impurities in the seams limits the experienced by Iowa from other produc­ effectiveness with which mines in this numbered production districts (herein­ ing states in Area E was sharply limited area can compete with nearby producing after referred to by number). The first in extent. areas. The record shows, on the other two of these classifications are, of course, The record contains no evidence that hand, that in the case of one TVA in­ primarily political in character while some of the proposed areas, e. g., Areas stallation, the lower quality of West the third is a grouping based upon eco­ A and E, have ever been used before, Kentucky coal precludes it from com­ nomic factors. This grouping of pro­ nor does the record show that there are peting with Alabama coal in spite of duction districts is widely known and any economic factors other than similar West Kentucky’s better mining condi­ used in the industry and in a variety of minimum wages which link Illinois, for tions.15 The record also clearly demon­ Federal laws and administrative regu­ example, to the remainder of the pro­ strates that in the case of TVA installa­ lations. There is also information in posed Area A.25 tions, variations in freight rates limit the record as to a further grouping of Virginia. An organization represent­ the number of nearby producing areas ing a number of Virginia coal mine oper­ the country into 10 minimum price areas ators, hereinafter referred to as the Vir- which can effectively compete for such under the Bituminous Coal Act of 1937.24 purchases.18 On the other hand, coals 1 government üxniDlt l. MT. 1154. » T. 22, 36-7, 80-1, 83, 84. 13 Government Exhibits 9 and 10. w Government Exhibit 2. 28 T. 388, 710-1; Virginia Operators Exhibit 11T. 1197, Government Exhibit 11 (d). »Virginia Operators Exhibit 11; Govern­ 15 T. 652, 668, 691, 692. ment Exhibit 7. “ Government Exhibit 10. 18 T. 672, 1082, Government Exhibit i l (d). » T. 383. » T. 36-7, 80-1, 386-9, 401, 435-7. Saturday, August 6, 1955 FEDERAL REGISTER 5693 ginia Operators, argued that this state ployment exceeded non-union employ­ state in addition to Virginia, with the constituted an appropriate area for pur­ ment in 1953, there is conflicting evi­ mine portal being located in one state poses of a minimum wage determina­ dence on this point for 1954.86 and actual mining operations being con­ tion. , ' Although contending that Virginia ducted in the other.43 The record also It was contended that the Industry mines competed primarily with one an­ indicates that the truck-mining opera­ in Virginia consisted predominantly of other, it was admitted by the Virginia tions described as characteristic of Vir­ small, non-mechanized mines generally Operators that there was substantial ginia are also conducted in neighboring relying on trucks for transporting coal competition with other areas, such as areas of West Virginia and Kentucky.44 either to the nearest railhead or to the West Virginia, east Kentucky, and north­ In view of these circumstances a mini­ consumer.26 The growth of these small ern Tennessee, and this was confirmed mum wage area delineated on the basis “truck” mines was reported to be a rel­ by other testimony.” The extensive na­ of the differentiating characteristics of atively recent development in response ture of the competition encountered by Virginia would be required to encompass to the difficulties encountered by the Virginia mines in competing for Gov­ these areas as well. unionized section of the Industry in ernment contracts is indicated by the It has also been requested Hthat only meeting the competition of fuels such tabulation of Government purchases in­ that part of Virginia located in produc­ as gas and oil.21 The difficulties of the troduced by the Government, showing tion District 8 be considered a separate union mines were said to be due in con­ the areas from which bids were submitted area for wage determination purposes. siderable part to the exhaustion of many to the various purchasing installations. Most of the comments with respect to of the thicker seams in the state most In all, Virginia mines submitted bids to the entire State of Virginia are equally adaptable to mechanization.28 With the 36 installations in 1954, but for 33 of appropriate to this requested area. exhaustion of these seams, competitive these 36 installations more than half of Central Pennsylvania. The Central pressures had reportedly resulted in cur­ the bids were received from mines out­ Pennsylvania Open Pit Mining Associa­ tailed operations of union mines and in side of Virginia, and for 23 of these tion, representing a number of mines increased mechanization, with the re­ installations, over 75 percent of the total in that area, contended that the follow­ sult that discharged workers had been number of bids received came from mines ing contiguous counties in Central Penn­ compelled to find employment in non­ in states other than Virginia.38 In the sylvania constituted an appropriate area union mines.2* case of the Veterans Administration’s for purposes of a minimum wage deter­ It was pointed out that the seams installation at Chamblee, Georgia, for mination: Armstrong, Beaver, Bedford, exploited by these truck mines were example, which received a total of 25 Blair, Bradford, Butler, Cameron, Centre, generally thin and not adaptable to ex­ bids, only five were submitted by Vir­ Clarion, Clearfield, Clinton, Elk, Pulton, ploitation by mechanical methods; con­ ginia mines, the remainder coming from Huntingdon, Jefferson, Lawrence, Ly­ sequently labor productivity was al­ west Kentucky, Tennessee, and Alabama. coming, McKean, Mercer, Tioga, and legedly low, and if union wage rates were These figures clearly indicate the inter­ Venango.46 In addition to part of Dis­ paid, production costs would be sub­ state nature of the competition en­ trict 2, which lies entirely within Penn­ stantially higher than those of union countered by Virginia and that mines sylvania, the Central Pennsylvania area mines.34 In addition, the quality of the in Virginia do not compete primarily includes part of District 1, which extends coal was alleged to be frequently in­ with one another for Government into Maryland and West Virginia.46 business. The Central Pennsylvania area was ferior with the result that prices were reported to be characterized by the prev­ substantially lower than for coal pro­ In general, Virginia, whose coal pro­ alence of small, strip mines in contrast duced by the large, mechanized mines.” ducing areas are included partly in Dis­ to the dominance of large-scale, deep It was contended that these disadvan­ trict 7 and partly in District 8, mining in the other eight counties in tages could only be overcome by the encounters its most serious competition the southwestern section of Pennsylvania payment of wages substantially below for Government contracts from other reporting production in 1953.42 Strip the union scale and as a result the parts of these districts located outside mines in the Central Pennsylvania area minimum wage paid by the non-union Virginia, particularly from District 8.33 were reported to constitute more than section of the industry was only $1.25 District 7 is a predominantly low-vola­ three-fifths of the total number of mines per hour compared with the $2,245 nego­ tile coal area which extends into south­ and to account for over 70 percent of the tiated by the UMWA for this area.32 eastern West Virginia, while District 8, tonnage in this area in 1953; on the other In addition, the proponents of a Vir­ extending into southwestern West hand, over 90- percent of the tonnage ginia minimum wage area contended Virginia, eastern Kentucky and north­ in the eight southwestern counties was that mines in Virginia were principally eastern Tennessee, is a predominantly mined underground.48 Coal seams in the in competition with one another rather high-volatile coal area.40 The low-vola­ Central Pennsylvania area were said to than with mines outside the State.33 tile areas of Virginia are classified in be relatively thin, in contrast to the thick It would appear from the evidence in District 7, while the high-volatile areas, seams characteristic of the southwest the record that the Virginia Operators accounting for the major part of Vir­ area; coal from the latter area was also are correct in their contention that the ginia’s coal production, are included said to be of a higher quality, and its greater number of mines in Virginia are within District 8.41 Both the low and production involved the use of far more small, non-mechanized, non-union truck high-volatile coals mined in Virginia mechanical equipment than was em­ mines with wage rates substantially be­ compete with their counterparts in the ployed in the Central Pennsylvania low union levels.” However, it is also remainder of districts 7 and 8.42 It area.4* Although competition existed apparent that union mines accounted should also be noted that many coal between Central Pennsylvania mines and for a substantial majority of the State’s seams in Virginia extend into West Vir­ mines located outside this area, it was total production in both 1953 and 1954.35 ginia and Kentucky, and individual alleged to be of a limited nature.64 While it is also evident that union em­ mines are engaged in the extraction of The Association also pointed out cer­ coal from seams underlying one other tain labor conditions differentiating the 28 T. 704-6, 714, 870, 891, 896-7, 936, 948, Central Pennsylvania area. Thus, the 997, 1031, 1071-3, 1079; Virginia Operators 38 T. 538-9, 553, 563, 718-9, 756, 761, 764, Exhibit 3. 809-10, 814, 835-8, 860, 879-80, 895-6, 903, strip mining performed in that area was 27 T. 702-4, 889, 944, 1032-3, 1056-7. 981-2, 986-9, 1071-3, 1079, 1821, 1845-51, 28 T. 704, 886-9, 1031-2, 1084-5, 1128. 1907-13, 1970-2; Virginia Operators Exhibits 43 T. 454, 838-9, 913, 934-6, 947, 1005, 1052-4, 22 T. 704-7, 891. 2 and 3; UMW Exhibit 8; Government Ex­ 1066-7, 1121. 30 T. 705, 886-91, 948, 1031-2, 1123, 1127-30, hibit 7. 44 T. 917, 934-5. 1151, 1154, 1157-8. 37 T. 297, 312-3, 387, 537, 552-3 , 710-1, 761, 45 T. 1300-3, 1405, 1448; Central Pennsyl­ 81T. 898-9, 891. 935, 946, 976, 983, 1028-9, 1033-4, 1085-6, 1121, vania Operators Exhibit 7. 82 T. 715, 871, 1123, 1157-3; Government 1131, 1154. 48 T. 1408, Government Exhibit 8. Exhibit 2. 38 Government Exhibits 10 and 11. 47 T. 1306,1316-7,1321; Government Exhibit 38 T. 1033-4. 39 Government Exhibit 10. 7. 34 Virginia Operators Exhibit 3; UMW Ex­ 40 T. 710, 984, 1029, 1131; Government Ex­ « T. 1306, 1329-81, 1333, 1480; Central hibit 8. hibit 8. Pennsylvania Operators Exhibit 7. 35 T. 184-5, 538, 731-2, 757, 913-8, 925-8, 41T, 642, 760, 935, 946; Government Exhibit 43 T. 1304, 1306, 1316-17, 1321, 1344, 1377, 1845-51; Virginia Operators Exhibits 3, 5, 11; 8. 1406, 1646. UMW Exhibit 8; Government Exhibit 7. 42 T. 710-1, 761, 946. 88 T. 1325, 1393, 1407, 1430. 5694 PROPOSED RULE MAKING said to require a lesser degree of labor strictly on county lines with the result joining counties." Furthermore, the skill than underground mining. Also, of excluding areas characterized by the Stearns seams are not limited to the Pine the area was reported to be predomi­ same method of operations.58 Moreover, Knot Group but are also mined in nantly non-union, with producers in this in one of the counties in this area (Tioga) Wayne, Clinton, Menifee and Rockcastle category constituting 78 percent of the deep mining was substantially more im­ Counties. The seams also extend into total and accounting for 71 percent of portant than strip operations.5® Tennessee.68 It appears that the primary the tonnage and 61 percent of the em­ McCreary, Pulaski, Whitley Counties, reason for excluding these areas from ployment in the area in 1953“ Wage Kentucky. The Stearns Coal and Lum­ the proposal is that they do not carry rates in non-union mines were reported ber Company advanced the proposal that the same freight rate on commercial coal to be substantially below union levels.52 a separate determination be made for shipment as the Pine Knot Group. The contention of the Central Penn­ the counties of McCreary and Pulaski, Although the Pine Knot Group has sylvania Open Pit Mining Association and a portion of Whitley County, all in generally been recognized as a separate with respect to the dominance in the eastern Kentucky.60 area for freight rate purposes, it has Central Pennsylvania area of small- This area, referred to as the “Pine been blanketed in with other areas in scale strip mining of thin coal seams, in Knot Group,” was said to be served by a eastern Kentucky and northern Tennes­ contrast to the situation in southwestern different railroad than the rest of eastern see, under a single freight rate for ship­ Pennsylvania, appears to be sustained Kentucky and to be effectively separated ment to the TVA.6® It is clear that its by the evidence in the record. Similarly, from the latter area by Jellico Moun­ geographic isolation and freight rate there is little doubt of the prevalence in tain.61 The area was also stated to be structure have not prevented vigorous the area of non-union conditions of op­ economically isolated from coal produc­ competition for Government business eration, including wage rates substan­ ing areas to the south by virtue of the between the Pine Knot Group and other tially below union levels. While the fact that the Tennessee border is used areas. The Stearns Coal and Lumber XJMWA claimed some of the mines listed by the railroad serving the area for a Company has been awarded contracts by the Association as non-union, these break in freight rates for the producing for delivery of coal to the Government deductions do not seriously affect the areas to the north and south of the line. in Georgia, North Carolina and Tennes­ picture of non-union predominance in The company further stated that the see.70 A substantial majority of tonnage the area.52 Union preeminence in south­ Interstate Commerce Commission con­ purchased by the Government from this western Pennsylvania, on the other siders the Pine Knot Group as constitut­ area is accounted for by TVA plants at hand, is also clear from the record. The ing an area separate and apart from the Kingston and Watts Barr in Tennessee. record also contains no testimony con­ adjoining counties in northern Tennessee However, both of these plants rely on tradicting the statement of the Associa­ and therefore has consistently refused to this area to only a limited extent in their tion that Central Pennsylvania coal was alter the higher freight rates which coal purchasing programs, their prin­ inferior in quality to coal produced in mines in this area must pay.62 cipal sources of supply being Tennessee southwest Pennsylvania. It was asserted that geologically Mc­ and other parts of Kentucky.71 I am unable to assess the validity of Creary and Pulaski Counties form a nat­ Clay and Leslie Counties, Kentucky. the Association’s claim with respect to ural area, the coal being produced A group of operators from Clay and Les­ the degree of mechanization in the Cen­ therein coming predominantly from lie Counties, Kentucky, requested that tral Pennsylvania area compared with Steams seams. Although Stearns seams these two counties, located in Production the deep mining area of the state. Dif­ are not mined in that portion of Whitley District 8, be considered a separate area ferent types of mechanical equipment County included within the proposed for wage determination purposes. are involved in the two operations, but area, it was explained that western Proponents of this area stated that it it is apparent that strip mining involves Whitley County was included in the pro­ is set apart industrially, economically, the extensive use of mechanical equip­ posed area because it has the same and geographically from other coal pro­ ment in Central Pennsylvania as else­ freight rate structure as McCreary and where, and that productivity in Central Pulaski Counties.63 Coal found in this ducing fields. No railroad serves Leslie Pennsylvania and other strip mines is area was also said to be geologically County, and it was asserted that coal substantially higher than in under­ unique because it is found in small produced therein is generally trucked to ground mines, including those in south­ pockets and it is generally not suscepti­ Manchester in Clay County for rail ship­ west Pennsylvania.54 ble to highly mechanized methods of ment.72 Most of the coal produced in the The Association’s contention with re­ recovery.64 bi-county area was reported to be mined spect to the limited nature of the com­ The company introduced wage data in Leslie County.73 Because of the inte­ petition existing between mines in indicating that miners’ wages are in gen­ gration of production in Leslie and rail Central Pennsylvania and those located eral materially lower in the area than in shipment in Clay County, it was re­ elsewhere is not borne out by the record. other parts of Kentucky, although its quested that the two counties be grouped The tabulation of Government coal purr own wages, pursuant to an agreement into a single wage determination area.74 chases reveals that Central Pennsyl­ with an independent union, are some­ It was also asserted that a m inimum vania mines accounted for 50 percent or what higher than wages paid by non­ wage of $1.25 prevailed in the area.74 more of the bids in the case of only 3 of union mines in the area.65 The contention that truck mining pre­ the 29 installations receiving bids from The contention that the Pine Knot dominates in the Clay-Leslie area ap­ that area in 1954.55 Group is geographically isolated from pears to be sustained by the evidence of The record also does not support a the rest of eastern Kentucky is supported record. It cannot be concluded, however, finding that less skill is required of em­ not only by the testimony of Mr. Robert that this situation is unique to Clay- ployees in strip mining than in deep L. Stearns, Jr., but also by maps intro­ Leslie Counties as opposed to coal pro­ mining. It is clear that a number of duced by him.6® However, while Mr. ducing areas in other sections of Ken­ stripping occupations require a high de­ Stearns’ testimony with respect to the tucky and elsewhere. Furthermore, gree of skill.5® Furthermore, there are a geological characteristics of the area is there is evidence of record indicating number of occupations common to both not disputed, it has not been established that coal .mined in Leslie County is types of mining, including several in the that the same characteristics do not ex­ trucked to Perry County as well as Clay ist in other parts of Kentucky and north­ County for rail shipment.75 Nor is there lowest paid categories." ern Tennessee. The quality of the coal It should also be noted that the Central any basis for concluding that the type produced in this area was said to be of coal produced in Clay-Leslie Counties Pennsylvania area has been delineated about the same as that produced in ad- WT. 1194. “ T. 1317-8, 1321, 1334-5, 1337; Central " T. 1316, 1402, 1404, 1444-5, 1614. 08 T. 1285-6. Pennsylvania Operators Exhibit 8. 50 Central Pennsylvania Operators Exhibit 7. "T. 1251, 1260. “ T. 1339-40, 1447-8. ®° T. 1166. “ T. 1865-9. MT. 1179. 01T. 1167-8. ' 71T. 1169-70, 1177-9; Government Exhibits 54 T. 1316-7, 1417-8, 1435, 1612, 1616; Gov­ T. 1168-9. 10 and 11. ernment Exhibit 7. “ T. 1170. «T. 577. 65 Government Exhibits 10 and 11. 04 T. 1170. “ T. 1317, 1612. ** T. 577, 584. *® T. 1172-3. ** T. 579. M UMW Exhibit 13; T. 1612. 06 R. I». Stearns, Jr. Exhibits 1 and 2. **T. 599, 601-2. Saturday, August 6, 1955 FEDERAL REGISTER 5695 varies markedly from coals produced in the same economic characteristics cross kets.88 While there is also some overlap­ other sections of east Kentucky. Hazard State lines. Reference has been made ping competition between coals mined in No. 4 Seam, from which most of the coal above to this situation in the case of different districts, the significance of the produced in Leslie County is mined, is Virginia, West Virginia, and Kentucky, district as a competitive area is indicated also mined extensively in the adjoining and to Pennsylvania, Maryland and by Government Exhibit 10 which shows Counties of Perry, Letcher, and Knott.78 West Virginia. that in the case of almost 90 percent of Regardless of the extent to which the Production districts. There has been 156 Government installations purchasing area may be geographically isolated, it for many years a recognized division of coal in a recent period, at least half of is in active competition with other areas the Bituminous Coal Industry into well- the bids were submitted from mines lo­ for both commercial and Government defined, precisely bounded, separate geo­ cated in the same district; and in 92 of business. Information on Government graphic areas known as production these installations 65 percent or more of purchases reveals that with minor ex­ districts. The district boundaries have the bids came from mines located in the ceptions the mines in Clay and Leslie been developed in general along natural same district. Counties do not compete primarily on lines conforming to the characteristics It is my conclusion that by virtue of an intra-area basis for Government of the Industry and the factors by which their distinguishing common features business, their competition on such busi­ its operations are affected, rather than and long history as accepted separate ness coming primarily from mines lo­ according to arbitrary or artificial geo­ economic areas, the production districts cated in other parts of Production graphic or political divisions.88 These Constitute a more appropriate basis for District 8.77 districts'have had a long history as evi­ approaching the problem of setting up Counties. Data are available in the denced by the early formation of local minimum wage areas than any other record as to production statistics for the associations representing mining fields proposed geographic area or combina­ 350 counties producing coal in 1953.78 within a given area with common pro­ tion of areas. There remains for con­ There is no evidence in the record that duction and marketing problems.83 They sideration the application of this ap­ there has been any use of a county-by­ have been recognized at least since the proach in the light of the objectives of county approach in any of the various period of World War I and have been the act. laws and regulations which have dealt used in connection with Government The Public Contracts Act contem­ with the Bituminous Coal Industry, nor regulations relating to coal mining. plates the elimination of competitive is there any evidence that small areas Wage rate structures have been related advantage accruing to firms bidding on have any significance in the Industry to these areas and Governmental recog­ Government contracts if the advantage except for statistical purposes. The nition has been accorded to them in such is derived from the payment of wages data on bids and contracts of Govern­ matters as the setting of freight rates.84 which are below the prevailing mini­ ment installations reveal that operators For purposes of establishing minimum mum. As has been seen, the record in particular comities generally account prices for coal, the Bituminous Coal Act clearly indicates the intensity of com­ for a relatively small proportion of bids of 1937 recognized 23 production dis­ petition between mines within the same submitted to particular installations.79 tricts and 10 price areas, the latter being production district. There are also States. I have also given considera­ a combination of coal production dis­ areas in which mines from more than tion to use of a State-by-State approach tricts.85 This Act provided for a District one district are in competition. This in deciding on appropriate wage deter­ Board for each of the 23 districts to rec­ overlapping competition between pro­ mination areas. The proposal for one ommend minimum prices for the coal duction districts is for the most part State—Virginia—has been discussed produced in its district and to coordinate limited either to adjoining districts or Above. Federal laws and regulations these prices in common consuming mar­ districts adjoining common market dealing with bituminous coal have relied kets. With minor changes the same dis­ areas. However, it raises the question on State boundaries to delimit coal pro­ tricts were also used in the earlier whether, in order to carry out properly ducing areas only for certain States. Bituminous Coal Act of 1935 80 which, in the purposes of the act, various dis­ The States have been uséd by the addition to authorizing the establish­ tricts should be grouped together. U. S. Bureau of Mines and by the various ment of minimum prices, authorized the The economic characteristics of most State departments for statistical pur­ establishment of minimum wages on a industries for which wage determina­ poses and the States also have local laws district basis. tions are issued are such that the mini­ and regulations dealing with mine During World War II the Office of Price mum wage standard can be a controlling safety. It is evident from the record Administration found the production factor in determining competitive ad­ that certain whole States or groupings districts to be appropriate geographic vantage among the bidders for a Gov­ of States are more appropriate for rec­ units for establishment of maximum ernment contract, irrespective of the ognition as prevailing minimum wage prices for coal, and the districts were location of their respective plants. In areas than others. For example, the also used by the Solid Fuels Administra­ such situations, the end product is more record indicates that competition of tion as a basis for allocating bituminous or less standardized as to quality and Iowa coal producers for Government coal to consumers. Currently, the Bu­ other physical characteristics. Trans­ business is substantially limited to in­ reau of Mines and the Bureau of Census portation costs comprise a relatively stallations within the State and that collect and present a variety of economic minor part of the cost of the end prod­ the only record of successful bidding statistics on this basis.87 uct and such other major costs of man­ from producers in other States for Iowa The long-continued and widespread ufacture as raw materials and plant installations is for an installation on the use of the district concept bears impres­ equipment are fixed at substantially the border of the State on the Mississippi sive witness to the significance of the same level for all competitors. The cost River.80 Further, the record indicates districts as separately identifiable coal of manufacture is thus more or less that North Dakota mines encounter only producing areas which are, in essence, equalized with respect to major factors limited competition from other mines distinguishable economic entities. The except wages. . In the industries having for Government business.80 However, in record clearly indicates the close rela­ these characteristics a comparatively the case of a number of States such as tionship between the mines located in slight variation in wage costs can oper­ Pennsylvania, West Virginia, Virginia, each of the various districts by virtue of ate to confer decisive competitive ad­ and Kentucky different types of coal are such factors as the predominance of vantage, contrary to the purposes of the produced in different portions of the particular types of coal in the districts, act, unless a uniform wage floor is pro­ State.81 Moreover, in a number of similar mining conditions, uniform rail­ vided for all contractors from whom other cases, coal areas with substantially road freight rates to common destina­ competing bids are received. tions, and the sharing of common mar- Variations in wage costs within the 16 R. L. Stearns, Jr., Exhibit 3. same production district in the coal in­ "T, 609-10; Government Exhibits 10 and 88 T. 378,380; Government Exhibit 8. dustry might have the same decisive 11. 83 T. 375-80, 382. competitive effect. But the analogy is 78 Government Exhibit 7. 84 T. 376, 377. Government Exhibits 10 and 11. 85 T. 377; Ch. 127, 50 Stat. 72. limited to the production districts, for 80 Government Exhibits 10 and 11.^ 88 Ch. 824,49 Stat. 991. 81T. 710-1, 1029, 1131, 1406-7, 1550, 1613, 87 T. 375-76, 378, 380; Government Exhibits 88 T. 376, 378-82, 537, 540, 1407, 1550, 1613. 1615. 7 and 8. 1615. No. 153- 4 5696 PROPOSED RULE MAKING

the above-described equalization of purpose of the minimum wage provisions tained from mines located in Iowa and other economic factors, which is a com­ of the act. accounting for a majority of that State’s pelling reason in other industries for a After giving consideration to all rele­ soft coal production during 1954. Mr. uniform minimum wage standard among vant factors, including the conditions Lamb also named certain mines in New competing bidders, does not exist gen­ affecting operations in this industry Mexico within the boundaries of District erally in the coal industry. Apart from which have been discussed above, I find 18 which he stated pay rates not less the equalization that has been achieved that it is not necessary or appropriate than those called for in the union con­ historically by the production district, under the Act to determine prevailing tract.“ These mines surveyed by Mr. the coal industry is uniquely character­ minimum wages for any area larger or Lamb represented the majority of ton­ ized by wide variations in natural and smaller than a production district, and nage and employment reported by all other economic factors. Transportation that a separate wage determination for mines located in District 18.“ Mr. Lamb costs and freight rates vary widely. In each production district will most effec­ also submitted a list of mines located in some areas these costs comprise as much tively maintain a fair and reasonably Arkansas and Oklahoma, which he as 50 percent of delivered price.89 They balanced competitive situation and will stated were paying wage rates not less obviously become a significant factor in carry out the purposes of the act.95 than those called for in the UMWA con­ a bidder’s ability to compete for Govern­ Nature and adequacy of prevailing tracts covering those states.1“ ment contracts. Natural physical fac­ wage data. The most detailed and com­ The UMWA introduced into the record tors are also responsible for wide varia­ plete information in the record pertain­ a copy of the Appalachian Joint Wage tion in costs.90 Coal is purchased by the ing to wage rates paid to employees in Agreement, effective April 1, 1941, and Government and its cost evaluated ac­ the industry was introduced by the all supplements thereto which have since cording to its heat producing qualities UMWA. UMW Exhibits 8-A through been negotiated, including the currently measured in BTU’s.91 There is wide va­ 8-H are listings of bituminous coal mines effective agreement, The National Bitu­ riation in the number of BTU’s recover­ stated by the union to be operating under minous Coal Wage Agreement of 1950, able from coals produced in various contract with the UMWA during the as amended September 29, 1952.101 In production districts with the result that year 1953. The listings identify each addition, UMW Exhibits 13-A through the value per ton of the end product mine by name and address, and for most 13-S are copies of various UMWA dis­ differs.92 The ability of coal from a par­ mines give the tonnage produced and trict agreements entered into in 1941. ticular production district to compete the number of workers employed during Representatives of the union explained with coals from other districts, is gov­ the year 1953. Those mines which are that no district agreements have been erned by its relative position with respect stated to have produced 1,000 tons or negotiated by the UMWA since 1941, and to all of these varying factors in addition more of coal represented more than four- that all such agreements have been car­ to wage costs.92 fifths of the Industry, accounting for an ried forward and amended by the na­ To the extent that there is overlap­ aggregate production of approximately tional agreements which have been ping competition between production 378 million tons, and employed a total entered into since that date.”2 Further­ districts for Government coal contracts, of approximately 240,000 employees.96 A more, any provisions of the 1941 district it seems clear that the ability to com­ representative of the UMWA testified agreements which are inconsistent with pete must rest on a balance of all these that the information was obtained prin­ the provisions of the national agree­ significant factors together with the cipally from three sources: (1) annual ments since negotiated are superseded wage rate structure in the competing reports published by state mine bureaus; thereby.”3 Consequently, a complete districts. The record in this case shows (2) Keystone Coal Buyers Manual and picture of the minimum wage rates cur­ a well-defined pattern of differentials the annual supplement thereto; and (3) rently called for in each of the district existing between the minimum wages local UMWA offices.97 In these instances agreements in the record is obtainable prevailing according to the production where data on tonnage or employment by applying the wage adjustments pro­ districts. As is discussed more fully else­ were unobtainable from any of those vided for in the national agreements, where in this decision, the record estab­ sources, no entries were made in Exhibits and the supplements thereto, to each of lishes that in all districts in which coal 8-A through 8-H beside the name and the district agreements.104 It was also is currently being produced except in location of the mine. testified that the Progressive Mine District 12, the prevailing minimum wage UMW Exhibit 8-1 contains the names Workers of America represented some corresponds to the minimum hourly rate of mines located in Arkansas, Iowa, workers in Illinois and that this organi­ under the terms of the UMWA agree­ Kansas, Missouri, and Oklahoma which zation claimed wage rates as high or ments. According to the uncontroverted are not under contract with the union, higher than those negotiated by the testimony of petitioners, the differentials and therefore not listed in UMW Ex­ UMWA.1“ in UMWA wage rates between different hibits 8-A through 8-H, but which were Wage data were also introduced by competing districts have historically stated to compensate their employees at parties appearing in opposition to the taken into consideration all of the vary­ rates not less than those provided in the petitioners’ request. Such data were of ing factors which affect the ability of UMWA contract covering each of their a restricted nature, and pertained to mines in different districts to compete, respective areas. workers employed in mines not under so that the wage differentials would not Wage data were also offered in evi­ contract with the UMWA in only four be a controlling factor in competitive dence by other proponents of the peti­ areas: (1) various coal producing coun­ advantage.91 In such a situation, a de­ tioners’ request for the establishment of ties in southwestern Virginia; (2) 21 termination of prevailing minimum a prevailing minimum wage in the Bitu­ counties in Central Pennsylvania; (3) wages on a basis which would require minous Coal Industry. George A. Lamb Clay and Leslie Counties in eastern Ken­ readjustment of the prevailing district Exhibit 5 contains wage information ob- tucky; and (4) McCreary and Pulaski rates to a uniform wage floor for Gov­ Counties and a portion of Whitley Coun­ ernment contracts would make no con­ “ The definitions of all hut two production ty, also in eastern Kentucky. The in­ tribution to the elimination of depressant districts shall be the same as those contained formation submitted for each of these in the Bituminous Coal Act of 1937. How­ areas is as follows: effects on wage levels which is a basic ever, I am proposing to add to District 8, as defined in the Act, the following six counties (1) Virginia Operators Exhibit 10 is a *®T. 378; Government Exhibit 11 (d). in which bituminous coal was mined in partial list of coal mines operating in " Government Exhibit 7, page 6. 1953: Clinton, Menifee, Pulaski, and Wolfe Virginia during the year 1954. The list­ ” T. 1793, 1791, 1197. Counties in Kentucky, and Pickett and Put­ ing discloses for each coal company ” T. 1197, 1154-55; Government Exhibits 11 nam Counties in Tennessee. For the same named therein the total number of em­ (c) and (d). reason, McIntosh County in Oklahoma shall ployees, the number of employees receiv- “ T. 1153-55. be added to the counties included in District •* T. 22-23, 37, 80, 83, 291, 437. Production 15 under the Act. This allocation follows the w T. 1718-20. District 12, in which the prevailing mini­ procedure of the U. S. Bureau of Mines in “ T. 1718-9. mum does not correspond to the UMWA allocating these counties for statistical pur­ 100 T. 1724-7, 1795. hourly minimum, consists of all coal pro­ poses to production districts on the basis of 101 UMW Exhibits 1 through 7, and 12. ducing counties in the State of Iowa. As such factors as geographic propinquity and 3" T. 229, 242-3, 1844. noted earlier, Iowa mines encounter only similar types of coal. 142 T. 231, 243-5, 266-70, 1880. limited competition from other mines for •»Government Exhibit 7. 104 T. 229, 242-5, 1097, 1844, 1877. Government business. 67 T. 45, 58, 62-3, 66, 148, 1879-80. 145 T. 239. Saturday, August 6, 1955 FEDERAL REGISTER 5697 ing the lowest -hourly wage, the number the various rates. The distribution dis­ year 1954. It is clear, therefore, that receiving the next lowest hourly wage, closed that 15 percent of the workers the most recent data available on the and the number of employees receiving surveyed earned less than $1.00 an hour soft coal industry, which are of enough over $1.35 an hour. This wage survey and more than 25 percent of the workers detail to be sufficient for purposes of covered more than 400 mines employing earned exactly $1.00 an hour. The these proceedings, are for the year 1953. approximately 6,100 men.104 The wit­ Stearns Coal and Lumber Company, There is information in the record ness appearing on behalf of the Virginia largest coal producer within this area, which indicates that the final statistics Operators concluded that the survey in­ paid its workers a minimum hourly wage for 1954 will disclose a sizeable decrease dicated a prevailing minimum hourly of $1,531. in soft coal production from that re­ wage of $1.25 for soft coal mines in the The evidence introduced by the UMWA ported for 1953. The U. S. Bureau of State of Virginia.1” The Virginia Opera­ pertaining to minimum wage rates and Mines’ final statistics for soft coal pro­ tors also introduced a listing of mines the number of employees who are covered duction in 1953 (exclusive of mines pro­ operating in Virginia in 1954 and not un­ by their collective bargaining agree­ ducing less than 1,000 tons) show a total der contract with the UMWA; these non­ ments was challenged on the grounds of approximately 456,000,000 tons for the union mines reported a total employ­ that the evidence was for the year 1953, continental United States.“* Virginia ment of approximately 7.600.108 Total and, consequently, was obsolete for the Operators Exhibit 11, the U. S. Bureau production of non-union mines in Vir­ purpose of determining the prevailing of Mines’ weekly coal report for March ginia during 1954 was estimated to be minimum wage in the Industry.11* 4,1955, shows an estimated total produc­ about 7% million tons.10“ The most recent agreement made with tion for the continental United States in (2) Wage data were submitted cover­ the coal operators by the UMWA is the 1954 of approximately 391 million tons, ing 702 workers employed by non-union National Bituminous Coal Agreement of or a decrease of more than 14 percent operators located within the 21 county 1950 as amended September 29, 1952. from the previous year. It is not possi­ area designated as the “Central Penn­ This agreement was stated by the union ble to ascertain from the U. S. Bureau sylvania” area. The witness who intro­ to be in effect during the year 1953 for of Mines’ weekly report the extent to duced this data concluded that the sur­ those mines listed in UMW Exhibits 8-A which this decrease in production was vey disclosed an “average minimum” through 8-H; furthermore, this agree­ felt in mines under contract with wage of $1,466 an hour. However, the ment is in effect today, and has remained UMWA, and there is no evidence to in­ porducers covered by the wage survey unchanged with respect to wage rates or dicate that mines paying the union wage employed only 11 percent of those em­ any other provisions therein since Sep­ scale accounted for a significantly ployees not covered by the UMWA agree­ tember 29, 1952.11* smaller proportion of the total soft coal ment.1“ The Central Pennsylvania Op­ Another question relating to the cur­ production in 1954 than in the previous erators also introduced a listing of coal rency of the UMWA data involves the year. operators located within the 21 county usefulness of 1953 statistics regarding It was also pointed out by some of area during the year 1953 which were employment and tonnage for coal com­ those appearing in opposition to the peti­ not under contract with the UMWA.111 panies listed in Exhibits 8-A through tioners’ request that a number of the This listing discloses the number of em­ 8-H. A union representative explained mines listed in UMW Exhibits 8-A ployees and the tonnage produced by that the primary source of those sta­ through 8-H, were no longer operating each of the operators named therein as tistics was the state mine bureau re­ under the union contract.120 In illustra­ reported by the Pennsylvania Bureau of ports. In this connection, he testified tion, the Stearns Coal and Lumber Com­ Mines. The data disclose that pro­ that such reports were available for all pany offered into evidence a copy of its ducers not under contract with the states included in UMW Exhibits 8-A collective bargaining agreement entered UMWA employed 61 percent of the through 8-H except Virginia, Montana, into on March 14, 1954, with the workers and produced 71 percent of the and Utah; also, with respect to Indi­ McCreary County Mine Union, which has tonnage of all coal producers operating ana the state report includes informa­ no affiliation with the UMWA.m On the in the 21 county area in 1953. tion only for deep mines, not for strip other hand, a representative of the (3) Wage data were introduced for mining operations. The witness ex­ UMWA testified that many mines not three companies located in Clay and plained that the most recent state re­ listed in their Exhibit 8 had become sig­ Leslie Counties, Kentucky.1“ Each of ports available to him in compiling natories to the union contract since these companies paid their production UMW Exhibits 8-A through 8-H were 1953.122 Thus, in the absence of detailed workers a minimum hourly wage of $1.25. for the year 1953, and that the 1954 re­ information pertaining to employment A witness testified that these operators ports had not yet been published.“7 and tonnage of individual mines such as represented about half of the coal indus­ Keystone Coal Buyers Manual was also is available in the state mine bureau re­ try in Leslie County, by far the more used in compiling the employment and ports, the exact number of employees important of the two counties, and that tonnage statistics for certain mines presently working under a UMWA con­ other operators in those counties also operating under agreement with the tract and the tonnage produced by such paid their workers a minimum rate of UMWA. Again, however, the most re­ employees cannot be known. In any $1.25.lu cent edition of this publication avail­ event, even if the total loss in coal pro­ (4) A representative of the Stearns able was the 1954 edition, which gives duction between 1953 and 1954 were at­ Coal and Lumber Company located in employment and tonnage data for 1953. tributable to mines paying wages not less McCreary County in Kentucky submitted The collection and tabulation of sta­ than those called for in the UMWA wage data pertaining to soft coal opera­ tistics as comprehensive in scope as agreements, and there is no evidence to tions in McCreary, Pulaski, and a portion those detailing the employment and this effect, the proportion of all soft coal of Whitley Counties in Kentucky.“* production of individual mines in the production by mines producing a thou­ These data purported to indicate the soft coal industry is a sizeable task re­ sand tons or more in the continental distribution by average hourly rates of quiring considerable time. It is un­ United States, and under contract with approximately 90 percent of the workers avoidable, therefore, that many months the UMWA, would still be approximately in the soft coal industry in that area. should elapse before the publication and 80 percent for the more recent year. No indication was given, however, as to dissemination of such data can be com­ Outside of the four restricted geo­ the number of coal companies which paid pleted. In this regard, a witness ex­ graphical areas mentioned above, and plained that all of the various state one mine in Oklahoma which currently iM Virginia Operators Exhibits 3 and 5; mine bureau reports covering employ­ operates non-union but observes the T. 731-2. ment and production for the year 1954 UMWA scale, there is no information in 107 T. 715, 719. would not be available until the close 108 Virginia Operators Exhibit 3. the record indicating that any mines 109 Virginia Operators Exhibit 3. of 1955.11S This is also true for the U. S. listed in UMW Exhibits 8-A through 110 T. 1339-40; Central Pennsylvania Op­ Bureau of Mines’ annual survey of bitu­ 8-H are not now operating under the erators Exhibit 8. minous coal and lignite mines for the 111 Central Pennsylvania Operators Ex­ Government Exhibit 7. hibit 8. us T 71.—4, 82-83, 172-3, 278-80. 120 T. 759, 779, 835-6, 903, 985-6, 1371-2, 7“T. 579-80. T. 45, 243-4. 1972. 113 T. 579, 581-2. 117 T. 69, 71-2, 117-9. 131T. 1239. “* T .'1166-7, 1172-3, 1832. 118 T. 531-4. 122 T. 280. 1851. 5698 PROPOSED RULE MAKING union contract, nor is there any infor­ served by taking notice of the contents it possible to evaluate for each district mation indicating that the employees of these records. the proportionate representation of em­ and tonnage produced under UMWA I am not convinced that violations of ployees and tonnage in those mines pay­ contracts in other areas are proportion­ the UMWA agreement occur to the ex­ ing minimum wages not less than those ately changed from those indicated by tent alleged. A representative of the called for in the UMWA contracts. As the Exhibits. Nor was there any chal­ union denied the truth of the rumors indicated above, the only comprehensive lenge to any of the supplementary data concerning widespread violations and wage data were presented by the pro­ offered by the proponents pertaining to testified that the union actively polices ponents of the petition. Data for por­ mines in certain states not under con­ the agreement and corrects as rapidly tions of Districts 1, 2, 7, and 8 were tract with the UMWA, but paying their as possible any violation which might presented by witnesses appearing in op­ employees minimum wages not, less than occur.126 One of the Virginia Operators’ position to the petitioners’ request. those called for in such contracts. own witnesses testified that “all you hear With the exception of the wage data It was also asserted by the Virginia is some rumors that the men are not introduced by the opponents to the peti­ Operators and others that the wages making big wages”; that he did not know tioners’ request covering portions of Dis­ provided in the UMWA contract are not what grounds there were for the rumors; tricts 1, 2, 7, and 8, no other such data paid to employees of all signatory com­ and that, in his opinion, union mines in were offered covering any district in ad­ panies.123 Although it was alleged that his area of Virginia were compensating dition to those offered by the proponents. violations of the union agreement were their employees according to the union The information contained in UMW Ex­ widespread, especially in Virginia and agreement.127 hibits 8-A through 8-H leaves no doubt eastern Kentucky, no evidence of a reli­ On the basis of the record before me that the majority of employees working able, probative, and substantial nature it is accordingly my conclusion that ex­ in Districts 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 13, was introduced in support of this allega­ cept in isolated and sporadic instances 15, 16, 17, 19, 20, 21, 22, and 23 (exclud­ tion. Most witnesses who testified on the wage rates called for by the UMWA ing Alaska), were covered by UMWA the point had no personal knowledge as agreement are being observed by the contracts and the provisions for mini­ to specific companies who were violating signatories thereto and that those vio­ mum rates prescribed therein. This their contracts, but testified on the basis lations that do occur are subject to cor­ conclusion is not affected even if all of of rumor and hearsay.124 One witness rective action by the union. the opponents’ data with respect to Dis­ testified that he had personal knowledge Such violations as may occur are not tricts 1, 2, 7, and 8 are accepted at their that two signatory companies in eastern sufficient to invalidate the conclusion full face value. In each of the districts Kentucky were paying less than the rates that a majority of the tonnage and em­ except 15 and 22, the mines covered by called for by their contracts. Even this ployment in each district is associated UMWA agreements also accounted for witness, however, refused to divulge the with actual payment of wage rates not the majority of tonnage produced by all names of the companies concerning less than those called for by the UMWA mines within their respective districts which he had such personal knowledge.126 agreement. In any event there would reporting production of one thousand It has been suggested that the defi­ still appear to be a legal obligation to tons or more in 1953.12* When the in­ ciency in the evidence supporting the pay the contract rates and it would be formation contained in UMW Exhibit charge of widespread contract violations no more appropriate to consider rates 8-1 and that submitted for the record might be overcome if I take official notice paid in violation of this contractual obli­ by Mr. George A. Lamb pertaining to of the records of the Wage and Hour and gation than it would be to consider rates other «nines paying minimum rates not Public Contracts Divisions with respect paid in violation of the statutory mini­ less than those called for in the UMWA to inspections of mines pursuant to the mum under the Fair Labor Standards agreements are added to the employment Pair Labor Standards Act. This Act re­ Act. and tonnage figures for the mines listed quires, generally speaking, that employ­ It was also charged that the wage in UMW Exhibits 8-A through 8-H, it is ees engaged in commerce or in the scales as reflected in the UMWA agree­ evident that the majority of employees production of goods for commerce be ments were inappropriate for purposes in Districts 14 and 18 are also receiving paid not less than 75 cents an hour and of establishing a prevailing minimum minimum wages not less than those time and one-half for hours in excess of wage under the Public Contracts Act, called for in the UMWA agreements, and 40 in any one week. because those agreements call for the that companies employing such workers Violations of the wage and hour re­ payment of portal-to-portal time.123 also account for the majority of all ton­ quirements of the Fair Labor Standards The minimum daily wages for inside em­ nage reported in Districts 14, 15, 18, and Act in the coal industry have not been ployees as set forth in the current Na­ 22. No production has been reported extensive in the past. Routine investi­ tional Bituminous Coal Wage Agreement from District 5 during 1953 or 1954,130 gations in this industry are therefore are based on an eight-hour working day. and in view of the complete absence in held to a minimum, most investigatory It is true that the eight hours includes the record of any data pertaining to that activity being directed toward those in­ portal-to-portal time; however, the District, I am compelled to omit District dustries in which experience has demon­ minimum hourly wage as requested by 5 from my proposed minimum wage de­ strated violations are most likely to be the petitioners is that wage which is paid termination for the Industry. found. Furthermore, even in those for one hour’s work. It is mandatory UMW Exhibit 8-H as it pertains to isolated cases where coal mines have upon union operators to pay for portal- the State of Iowa does not contain suf­ been investigated, the record would usu­ to-portal time as hours worked, but this ficient evidence to find that that mini­ ally contain data on wages actually paid practice in no way affects the minimum mum wage rate called for in the union only in those cases where violations of hourly wage as requested in the petition. contract covering District 12 is prevail­ the wage and hour requirements are Testimony was offered to the effect that ing. More complete information for found. The evidence of record with it is not customary among non-union respect to wages and hours worked by this District is contained in George A. operators to pay for portal-to-portal Lamb Exhibit 5, which sets forth the coal miners demonstrates the unlikeli­ time, or to include such time as hours minimum rates for mines accounting hood of such violations in this industry. worked. However, I do not consider the for the majority of the estimated 1954 Wages in both union and non-union payment of portal-to-portal time as a production for District 12. An analysis mines are substantially in excess of 75 matter within these proceedings. cents an hour with overtime work being of these two exhibits discloses that of Whether a particular mine operator is those mines surveyed, the majority of the exception rather than the rule. required to pay his employees for portal- The Divisions’ inspection records the employees and the tonnage were at­ to-portal time is dependent entirely on tributable to mines paying a m i n i m u m would neither prove nor disprove the those circumstances under which such hourly wage of $1.40 or more. These charge of widespread contract violations. time is compensable under the Portal- two conditions are not satisfied at any Accordingly, no useful purpose would be to-Portal Act of 1947. higher wage. Prevailing minimum wages. The in­ For each of the other coal producing 123 T. 709-10, 747-9, 822-34, 858-9, 879-80, formation contained in the record makes districts the record supports the peti- 1017-24, 1036-42, 1050-1, 1065-6, 1350-71, 1393-1400. »• T. 1831. **• Government Exhibit 7; UMW Exhibit 8. 324 T. 662-5,1038,1119. ®»T. 1118-19. 180 Government Exhibit 7; Virginia Oper­ » T. 825-8. *»T. 281, 643-5, 713-4. ators Exhibit 11. Saturday, August 6, 1955 FEDERAL REGISTER 5699 tioners’ request as to the prevailing min­ pensation practices prevailing in the In­ pervisors as are in charge of any class imum rates in the Industry. The total dustry with respect to incentive workers ' of labor inside or outside of the mines tonnage and employment figures for by providing that in the case of em -/ and who perform no production work.” mines paying minimum rates not less ployees compensated in whole or in part In addition an eight-hour day is estab­ than those called for in the UMWA con­ on a piece-rate system, the minimum lished for all “continuous employees who tracts were measured by comparable wage obligations under the Walsh-Healey are engaged at power houses, sub-sta­ figures for the Industry as reported by Public Contracts Act will be fulfilled if tions and pumps operating continuously the U. S. Bureau of Mines for each dis­ a majority of the incentive workers en­ for twenty-four (24) hours daily, and trict in 1953. For this purpose those gaged in work for the Government in a hoisting engineers * * *” “* mines listed in UMW Exhibits 8-A contracting establishment receives the The entire group of auxiliary employ­ through 8-H for which no tonnage or prevailing minimum hourly rate appli­ ees, including the “eight-hour” men, has employment figure was included, or cable in the area during the period of little numerical significance in the In­ which produced less than one thousand time in which they perform such work, dustry, constituting only one or two per­ tons in 1953, were excluded. and if the average hourly earnings of cent of total employment, and generally The production of mines reporting less these incentive workers as a group exceed being employed only by larger mines.18* than one thousand tons of soft coal per this minimum. Moreover, many of them are not covered year is insignificant. The most recent However, it is also apparent from the by the Walsh-Healey Public Contracts information on this matter is for the record that while the compensation of a Act by virtue of an absence of a close year 1944, a year of peak production, majority of the incentive workers gen­ relationship to the production process; and a year in which roughly two thou­ erally equals or exceeds the applicable and because of the special skills required sand such mines were in operation. m inim um hourly rates, there are periods in most of the occupations, they are fre­ However, their total production during of time during which difficult operating quently compensated at higher rates of that year amounted to only Ho of conditions such as thin seams or high pay than those workers engaged in the 1 percent of the soft coal produced in proportions of slate render this untrue actual mining of coal.140 Accordingly, the continental United States.“1 It ap­ for a particular mine.184 Consequently, since coverage of this group of workers pears clear, therefore, that an accurate it appears desirable to regard a mine as by a minimum wage determination evaluation of the proportionate tonnage in compliance with the minimum wage would appear to make no substantial and employment represented by mines provisions of the Act, despite failure to contribution to fulfillment of the objec­ under contract with the UMWA, or pay­ meet the standards during the particular tives of the Walsh-Healey Public Con­ ing their employees minimum rates no period in which Government contract tracts Act, I am proposing their exemp­ less than those called for by the union work is performed, if it can demonstrate tion from the provisions of this determi­ contract, is obtainable by comparison that a majority of its incentive workers nation. Among the occupations included with the statistics for the industry as have or would have earned at least the in this exemption (some of which may published by the United States Bureau minimum and that the average hourly not otherwise be subject to the provisions of Mines. In all districts except 5 and earnings of its incentive workers as a of the act) are the following:148 12 it^is evident that mines accounting group have or would have exceeded that Engineering: for the majority of tonnage and employ­ m inim um under normal mining condi­ 1. Rodman. ment are paying their employees mini­ tions with the compensation arrange­ 2. Chainman. mum wages no less than those called ments prevailing during the period in 3. Assistant transitman. 4. Transitman or transit worker. for in the UMWA contracts. The mini­ which the mine was producing for the 5. Corpman. mum hourly rates provided for in the Government. 6. Surveyor. UMWA contracts for day workers are Auxiliary employees. The exemption 7. Junior draftsman. as follows : from the minimum wage determination 8. Draftsman. D istrict: D istr ic t: of a group of employees designated as 9. Engineer, mining and civil. 1...... $ 2 ,2 4 5 14______$ 2 .0 9 “auxiliary employees” was urged by the 10. Surveyor helper. 2 Laboratory: 2 .2 4 5 15____ 2 .0 9 petitioners.“* These employees are gen­ 1. Laboratory assistant. 3 ______2 .2 4 5 16____ 2. 296 erally compensated on a salary basis but 4 2. 296 2. Laboratory technician. 2. 245 17____ in some cases at a rate of pay below the 3. Sampler. 6 ...... 2. 245 18____ 2. 296 prevailing minimum hourly rates for 4. Chemist helper or assistant chemist. 7 ______2. 245 19____ 2 .3 2 5. Chemist. 8 ...... 2 .2 4 5 20 _ 2 .3 2 other workers. Sometimes referred to 9 ______2 .0 9 21 2 .2 2 6 as “company men,” they are generally 6. Laboratory sample grinder. engaged in certain types of supervisory Shipping: 10...... 2 .2 4 5 22____ 2. 346 1. Billing clerk. 11______2. 28 23 _ _ 2.235 activities, or in clerical, shipping, en­ 2. Shipping clerk. 13______2 .0 1 5 gineering, laboratory, and other tech­ nical occupations exempt from the pro­ 3. Shipper. Tonnage workers. The petitioners 4. Weighmaster or retail weighmaster. urged that tonnage workers be exempted visions of UMWA contracts.“® One 5. Weighman, scaleman, or weighboss. from the minimum hourly wage deter­ group of workers covered by the UMWA 6. Mine clerk. contracts was included in the request for 7. Payroll clerk. mination requested for day workers.1” an exemption. This group of workers, Supply: No one opposed the proposal. The peti­ 1. Supply clerk, warehouse clerk, or store tioners also urged that adherence to the sometimes referred to as “eight-hour” clerk. compensation provisions of UMWA con­ men, has hourly rates of pay lower than 2. Supplyman, warehouseman, storeman, tracts be regarded as compliance with the union minima by virtue of receipt or storekeeper. the minimum wage provisions of the of the union outside minimum daily rate 3. Supply purchasing agent. Walsh-Healey Public Contracts Act.182 for eight hours of work instead of the Other: usual 7% hours characteristic of outside 1. Prospecting driller and assistant driller. The record indicates that piece rates occupations.“1 2. Other prospecting crew members. have generally been designed to yield the 3. Coal inspector. majority of incentive workers in a given Specifically, UMWA contracts provide 4. Coal preparation technician. mine at least the minimum hourly rate for the exemption of coal inspectors, 5. Dispatcher. guaranteed day workers and to yield the weigh bosses, watchmen, clerks, engi­ 6. Electrician or electrical engineer. neering and technical forces, and “mine 7. Shift maintenance foreman. incentive workers as a group average foremen and assistant mine foremen 8. Machinist foreman. hourly earnings in excess of the mini­ who, in the usual performance of their 9. Lampman. mum; and that they do, in fact, accom­ duties, may make examinations for gas 10. Utility truck driver. plish these objectives.18* Accordingly, it as prescribed by law, and such other su- 11. Machinist. appears desirable to recognize the com- 12. Timekeeper and assistant timekeeper. 13. Powerhouse, sub-station, and pump 134 T. 85, 1103-8, 1112-5, 1129, 1132-3, 1198- attendant. 331 Government Exhibit 7. 1200, 1557. 14. Hoisting engineer. 333 T. 236-7, 401-2. 335 T. 288-9, 292, 399, 488-9. 188 T. 90-1, 235-6, 261-2, 413-6, 500-2, 613, 333 UMW Exhibit 5; George A. Lamb Ex­ 333 UMW Exhibit 5. 687, 763, 766, 1103-8, 1113-5, 1129, 1132-3, hibit 9. 333 T. 294, 297, 1657, 1660. 1191-1201, 1554-7, 1597, 1626-7, 1728, 1733-43. 337 T. 295-7; UMW Exhibit 5. 333 George A. Lamb Exhibit 9. 5700 PROPOSED RULE MAKING

Learners, apprentices, and handi­ District 1. Eastern Pennsylvania: $2,245 Buchanan County, that portion served by capped workers. There is no current The following counties in Pennsylvania: the Richlands-JeweU Ridge branch of the provisions for lower wages to employees Bedford, Blair, Bradford, Cambria, Cameron, Nprfolk and Western Railroad and that por­ undergoing training as learners or be­ Centre, Clarion, Clearfield, Clinton, Elk, For­ tion of said county on the headwaters of est, Fulton, Huntingdon, Jefferson, Lycoming, Dismal Creek, east of Lynn Camp Creek (a ginners in any of the various union tributary of Dismal Creek). agreements for which information is McKean, Mifflin, Potter, Somerset, Tioga. Armstrong County, including mines served District 8. Southern Numbered 2: $2,245 available in the record. Nor does the by the Pittsburgh Mid Shawmut Railroad on record indicate that there is any com­ the west bank of the Allegheny River, and The following counties in West Virginia: mon practice of paying lower wages to north of the Conemaugh division of the Boone, Clay, Kanawha, Lincoln, Logan, such employees in non-union mines in Pennsylvania Railroad. Mason, Mingo, Putnam, Wayne, Cabell. any of the areas for which non-union Fayette County, all mines on and east of Fayette County, west of, but not including data are available. Neither the peti­ "the line of Indian Creek Valley branch of the mines of the Gauley River branch of the tioners nor the proponents of Virginia Baltimore and Ohio Railroad. Chesapeake and Ohio Railroad. Indiana County, north of but excluding the McDowell County, that portion not served or portions of Pennsylvania and Ken­ Saltsburg branch of the Pennsylvania Rail­ by and lying west of the Dry Fork branch of tucky as separate minimum wage areas road between Edri and Blairsville, both ex­ the Norfolk and Western Railroad. proposed that the determination make clusive. Raleigh County, all mines on the Coal provision for lower wages to such em­ Westmoreland County, including all mines River branch of the Chesapeake and Ohio ployees. On the record, therefore, I served by the Pennsylvania Railroad, Tor­ Railroad and north thereof. have concluded that no provision should rance, and east. Nicholas County, that part south of and be made in the prevailing minimum All coal-producing counties in the State of not served by the Baltimore and Ohio Rail­ Maryland. road. wage determination for lower rates for The following counties in West Virginia: Wyoming County, that portion served by learners or beginners. I have also con­ Grant, Mineral, and Tucker. Gilbert branch of the Virginian Railway cluded that there is no basis in the record lying west of the mouth of Skin Fork of for rates below the prevailing minimum District 2. Western Pennsylvania: $2,245 Guyandot River. wages for apprentices. The following counties in Pennsylvania: The following counties in Virginia: Dick­ Section 201.1102 of the Regulations Allegheny, Beaver, Butler, Greene, Lawrence, inson, Lee, Russell, Scott, Wise. issued under the Walsh-Healey Public Mercer, Venango, Washington. All of Buchanan County, except that por­ Contracts Act permits the employment Armstrong County, west of the Allegheny tion on the headwaters of Dismal Creek, east River and exclusive of mines served by the of Lynn Camp Creek (tributary of Dismal of handicapped workers at subminimum Pittsburgh and Shawmut Railroad. Creek) and that portion served by the Rich- wages on contract work under the Act. Indiana County, including all mines served lands-Jewell Ridge branch of the Norfolk This authority was not at issue in the on the Saltsburg branch of the Pennsylvania and Western Railroad. proceedings, although there were a Railroad north of Conemaugh River. Tazewell County, except portions served by number of references during the hear­ Fayette County, except all mines on and the Dry Pork branch of Norfolk and Western ings to disabled or overage workers. For east of the line of Indian Creek Valley, Railroad and branch from Bluestone Junc­ informational purposes, however, it ap­ branch of the Baltimore and Ohio Railroad. tion to Boissevain of Norfolk and Western Westmoreland County, including all mines Railroad and Richlands-Jewell Ridge branch pears advisable to include in the deter­ except those served by the Pennsylvania Rail­ of the Norfolk and Western Railroad. mination the applicable provisions of the road from Torrance, east. The following counties in Kentucky: Bell, Regulations which provide specific au­ Boyd, Breathitt, Carter, Clay, Clinton, Elli­ thorization for the employment of han­ District 3. Northern West Virginia: $2,245 ott, Floyd, Greenup, Harlan, Jackson, John­ dicapped workers. The following counties in West Virginia: son, Knott, Knox, Laurel, Lawrence, Lee, Proposed decision. Notice is hereby Barbour, Braxton, Calhoun, Doddridge, Gil­ Leslie, Letcher, McCreary, Magoffin, Martin, mer, Harrison, Jackson, Lewis, Marion, Menifee, Morgan, Owsley, Perry, Pike, Pulaski, given that, in accordance with all of the Rockcastle, Wayne, Whitley, Wolfe. considerations expressed herein, I pro­ Monongalia, Pleasants, Preston, Randolph, Ritchie, Roane, Taylor, Tyler, Upshur, Web­ The following counties in Tennessee: An­ pose to issue a decision in this matter as ster, Wetzel, Wirt, Wood. derson, Campbell, Claiborne, Cumberland, set forth below. Any interested party That part of Nicholas County including Fentress, Morgan, Ovarton, Pickett, Putnam, may submit, within 30 days from publi­ mines served by the Baltimore and Ohio Roane, Scott. cation of this proposed decision in the Railroad and north. The following counties in North Carolina: Lee, Chatham, Moore. F ederal R egister, a statement in writing District 4. Ohio: $2,245 (original and four copies) setting forth District 9. West Kentucky: $2.09 All coal-producing counties in Ohio. any exceptions he may have to this de­ The following counties in Kentucky: But­ cision, together with supporting reasons District 5. Michigan: (no determination) ler, Christian, Crittenden, Daviess, Hancock, for such exceptions. Henderson, Hopkins, Logan, McLean, Muh­ Title 41, Code of Federal Regulations, District 6. Panhandle: $2,245 lenberg, Ohio, Simpson, Todd, Union, Warren, Part 202 is amended by the addition of The following counties in West Virginia: Webster. the following new section: Brooke, Hancock, Marshall, and Ohio. District 10. Illinois: $2,245 § 202.51 Bituminous Coal Industry— District 7. Southern Numbered 1: $2,245 All coal-producing counties in Illinois. (a) Definition. The Bituminous Coal The following counties in West Virginia: District 11. Indiana: $2.28 Industry is defined as that industry Greenbrier, Mercer, Monroe, Pocahontas, which produces or furnishes all coal (in­ Summers. All coal-producing counties in Indiana. Fayette County, east of Gauley River and cluding lignite) except Pennsylvania including the Gauley River branch of the District 12. Iowa: $1.40 anthracite. “Produces or furnishes” Chesapeake and Ohio Railroad and mines All coal-producing counties in Iowa. includes mining or other extraction, and served by the Virginian Railway. the loading, screening, sizing, washing, McDowell County, that portion served by District 13. Southeastern: $2,015 the Dry Fork branch of the Norfolk and All coal-producing counties in Alabama. oiling and other preparation for market Western Railroad and east thereof. of bituminous , coal, and activities inci­ The following counties in Georgia: Dade, Raleigh County, excluding all mines on Walker. dental to these operations. The term the Coal River branch of the Chesapeake and The following counties in Tennessee: “preparation for market” does not in­ Ohio Railroad. Marion, Grundy, Hamilton, Bledsoe, Sequat­ clude any activities performed at Great Wyoming County, that portion served by chie, White, Van Buren, Warren, McMinn, the Gilbert branch of the Virginian Railway Rhea. Lakes or tidewater docks. lying east of the mouth of Skin Pork of (b) Minimum wage. The m inim um Guyandot River and that portion served by District 14. Arkansas-Oklahoma: $2.09 wage for employees (other than auxiliary the main line and the Glen Rogers branch workers) engaged in the performance of of the Virginian Railway. The following counties in Arkansas: All The following counties in Virginia: Mont­ counties in the State. contracts with agencies of the United gomery, Pulaski, Wythe, Giles, Craig. The following counties in Oklahoma: Has­ States subject to the provisions of the Tazewell County, that portion served by kell, Le Flore, Sequoyah. Act for production or furnishing of the Dry Fork branch to Cedar Bluff and from District 15. Southwestern: $2.09 bituminous coal (including lignite) -Qian Bluestone Junction to Boissevain branch of the Norfolk and Western Railroad and Rich- All coal-producing counties in Kansas. All be the amount indicated for each area lands-Jewell Ridge branch of the Norfolk and coal-producing counties in Texas. All coal- as follows: Western Railroad. producing counties in Missouri. Saturday, August 6, 1955 FEDERAL REGISTER 5701

The following counties in Oklahoma: Coal, try shall include employees who are Wage and Hour Division Craig, Latimer, McIntosh, Muskogee, Okmul­ employed in the following occupations gee, Pittsburg, Rogers, Tulsa, Wagoner. or combinations of occupations: [ 29 CFR Part 516 1 District 16. Northern Colorado: $2,296 Engineering: R ecords to be K ept by Employers The following counties in Colorado: 1. Rodman. Adams, Arapahoe, Boulder, Douglas, Elbert, 2. Chainman. NOTICE OF PROPOSED AMENDMENT El Paso, Jackson, Jefferson, Larimer, Weld. 3. Assistant transitman. In order to effectuate the purposes of 4. Transitman or transit worker. District 17. Southern Colorado: $2,296 5. Corpsman. section 7 (f) (3) of the Fair Labor Stand­ The following counties in Colorado: All 6. Surveyor. ards Act of 1938, as amended, 52 Stat. counties not included in northern Colorado 7. Junior draftsman. I960, as amended; 29 U. S. C. 201 et seq., district. 8. Draftsman. and regulations Part 548 of this title is­ The following counties in New Mexico: 9. Engineer, mining and civil. sued herewith,1 it is necessary to amend All coal-producing counties in the State of 10. Surveyor helper. the Record-Keeping Regulations, Part New Mexico, except those included in the Laboratory: 516 (29 CFR Part 516). New Mexico district. 1. Laboratory assistant. Accordingly, notice is hereby given 2. Laboratory technician. District 18. New Mexico: $2,296 3. Sampler. that, pursuant to authority vested in me The following counties in New Mexico: 4. Chemist helper or assistant chemist. by section 11 (c) of the Fair Labor Stand­ Grant, Lincoln, McKinley, Rio Arriba, San­ 5. Chemist. ards Act of 1938, as amended (29 U. S. C. doval, San Juan, San- Miguel, Santa Pe, 6. Laboratory sample grinder. 201 et seq.), Reorganization Plan No. 6 of Socorro. Shipping: 1950 (5 U. S. C. 611), General Order No. The following counties in Arizona: Pinal, 1. Billing clerk. 45-A (15 F. R. 3290), and, the position of Navajo, Graham, Apache, Coconino. 2. Shipping clerk. the Administrator being presently va­ All coal-producing counties in California. 3. Shipper. 4. Weighmaster or retail weighmaster, cant, General Order No. 85 (20 F. R. District 19. Wyoming: $2.32 5. Weighman, scaleman, or weighboss. 2066), I propose to amend § 516.5 (a) (2) All coal-producing counties in Wyoming. 6. Mine clerk. (iv) and § 516.18 (a) (2) of this part. The following counties in Idaho : Fremont, 7. Payroll clerk. 1. As amended § 516.5 (a) (2) (iv) will Jefferson, Madison, Teton, Bonneville, Bing­ Supply: read as follows: ham, Bannock, Power, Caribou, Oneida, 1. Supply clerk, warehouse clerk, or store Franklin, Bear Lake. clerk. (iv) Agreements or memoranda sum­ marizing the terms of agreements or un­ District 20. Utah: $2.32 2. Supplyman, warehouseman, storeman, or storekeeper. derstandings under section 7 (f) of the All coal-producing counties in Utah. 3. Supply purchasing agent. act, and District 21. North Dakota-South Dakota: Other: $2,226 1. Prospecting driller and assistant driller. 2. As amended § 516.18 (a) (2) will 2. Other prospecting crew members. read as follows: All coal-producing counties in North Da­ 3. Coal inspector. kota. All coal-producing counties in South 4. Coal preparation technician. (2) A copy of the agreement or, if Dakota. 5. Dispatcher there is no written agreement, a memo­ District 22. Montana: $2,346 6. Electrician or electrical engineer. randum summarizing the terms of the All coal-producing counties in Montana. 7. Shift maintenance foreman. agreement or understanding to use this 8. Machinist foreman. method of compensation. If the em­ District 23. Washington: $2,235 9. Lampman. ployee is part of a group, all of whom All coal-producing counties in Washington. 10. Utility truck driver. have agreed to use this method of com­ All coal-producing counties in Oregon. 11. Machinist putation, a single memorandum will 12. Timekeeper and assistant timekeeper. (c) Tonnage workers. In the case of 13. Powerhouse, sub-station, and pump suffice. employees compensated in whole or in attendant. Interested persons may, within 30 days part under a piece rate system, the min­ 14. Hoisting engineer. from the date of publication of this imum wage obligations under the Walsh - (e) Subminimum wages authorized.notice in the F ederal R egister, submit Healey Public Contracts Act will be ful­ Handicapped workers may be employed in writing to the Office of the Adminis­ filled if a majority of the incentive work­ at wages below the applicable minimum trator, Wage and Hour and Public Con­ ers engaged in work for the Government wages specified herein upon the same tracts Divisions, U. S. Department of in a contracting establishment receive terms and conditions as are prescribed Labor, Washington 25, D. C., their views the applicable prevailing minimum for the employment of handicapped and arguments relative to the proposed hourly rate as set forth in paragraph (b) workers by the regulations of the Ad­ amendments. of this section during the period of time ministrator of the Wage and Hour Divi­ Signed at Washington, D. C., this 29th in which they perform such work, and if sion of the Department of Labor (Parts day of July 1955. the average hourly earnings of the group 524 and 525 of this title), under section of incentive workers engaged in work for 14 of the Fair Labor Standards Act, as S tuart R othman, the Government exceed this minimum amended. Solicitor of Labor. during this period. Notwithstanding a [F. R. Doc. 55-6410; Filed, Aug. 5, 1955; mine’s failure to meet the foregoing re­ The Administrator of the Public Con­ 8:51 a. m.} quirement during the particular period tracts Division is authorized to issue cer­ in which Government contract work is tificates under the Public Contracts Act performed, it will nevertheless be re­ for the employment of handicapped FEDERAL COMMUNICATIONS garded as in compliance with the mini­ workers not subject to the Fair Labor mum wage provisions of the act if it can Standards Act or subject to different COMMISSION demonstrate that a majority of its in­ minimum rates of pay under the two [ 47 CFR Part 18 ] centive workers have or would have Acts, at appropriate rates of compensa­ earned at least the minimum wage and tion and in accordance with the stand­ [Docket No. 11442; FCC 55-851] that the average hourly earnings of such ards and procedures prescribed by the I ndustrial Heating Equipment workers as a group have or would have applicable regulations issued under the exceeded that minimum under normal Fair Labor Standards Act. extension of time for filing comments mining conditions under the compensa­ Signed at Washington, D. C., this 3d In the Matter of Amendment of Part tion arrangements prevailing during the day of August 1955. 18 to establish a type acceptance proce­ period in which the mine was producing dure for industrial heating equipment for the Government. J ames P. Mitchell, (d) Auxiliary workers. The term Secretary of Labor. 1 See F. R. Docs. 55-6413 and 55-6414, Title “auxiliary workers” as applied to em­ [F. R. Doc. 55-6411; Filed, Aug. 5, 1955; 29, Part 548, in Rules and Regulations Sec­ ployees in the Bituminous Coal Indus­ 8:45 a. m.l tion, supra. 5702 PROPOSED RULE MAKING and in general to reorganize the regula­ August 15, 1955, to November 15, 1955; It ordered, That, the date for filing tions applicable to industrial heating and comments in this proceeding is hereby equipment. It appearing that, there has recently extended until November 15,1955. At a session of the Federal Communi­ been a reorganization of petitioner’s op­ cations Commission held at its offices in erations in this field and therefore addi­ Released: August 1,1955. Washington, D. C., on the 27th day of tional time is needed to gather certain F ederal Communications July 1955; technical data pertinent to this proceed­ Commission, The Commission having under consid­ ing; and [seal] Mary J ane Morris, eration a petition filed by Westinghouse It further appearing that, the public Secretary. Electric Corporation requesting that the interest would be served by granting the time for filing comments in the above- petition for extending the time for filing [F. R. Doc. 55-6374; Filed, Aug. 5, 1955; entitled proceeding be extended from comments in this proceeding; 8:45 a. m.]

NOTICES

FEDERAL COMMUNICATIONS shall furnish proof of such publication 9602; St. Joseph Valley Broadcasting at the hearing herein. Corporation (WJVA), Mishawaka, Indi­ COMMISSION Released: July 29, 1955. ana, Docket No. 11475, File No. BP-9778; [Docket No. 11434] for construction permits. F ederal Communications It is ordered, This 28th day of July P acific T elephone and T elegraph Co. Commission, 1955, that Basil P. Cooper will preside at order assigning matter for public [seal] Mary Jane Morris, the hearing in the above-entitled pro­ HEARING Secretary. ceeding which is hereby scheduled to [F. R. Doc. 55-6375; Filed, Aug. 5, 1955; commence on October 12,1955, in Wash­ In the matter of the application of ington, D. C. the Pacific Telephone and Telegraph 8:45 a. m.] Company, Docket No. 11434, (File No. P - Released: August 1, 1955. C-3602) ; for a certificate under Section F ederal Communications 221 (a) of the Communications Act of [Docket No. 11469, etc.; FCC 55M-699] Commission, 1934, as amended, to acquire certain tel­ [ seal] Mary Jane Morris, ephone plant and properties of Califor­ R ollins B roadcasting, Inc., et al. Secretary. nia Water & Telephone Company, Mount Wilson, California. ORDER SCHEDULING HEARING [F. R. Doc. 55-6377; Filed, Aug. 5, 1955; The Commission having under consid­ In re applications of Rollins Broad­ 8:45 a. m.] eration an application filed by The Pa­ casting, Inc., Indianapolis, Indiana, cific Telephone and Telegraph Company Docket No. 11469, File No. BP-9414; Jules for a certificate under section 221 (a) of J. Paglin and Stanley W. Ray, Jr., d/b the Communications Act of 1934, as as OK Broadcasting Company, Indian­ [Docket Nos. 10931 and 10933; FCC 55M-702] amended, that the proposed acquisition apolis, Indiana, Docket Nq. 11470, File M ercer B roadcasting Co. and D rew J. T. by The Pacific Telephone and Telegraph No. BP-9473; Charles N. Cutler and Earl O’K eefe, J ack J. D ash and W illiam F. Company of certain telephone plant and T. Herzog, d/b as Wireless Broadcasters, W aterbury properties of California Water & Power Franklin, Indiana, Docket No. 11471, Company furnishing telephone service in File No. BP-9494; Wabash-Peru Broad­ ORDER SCHEDULING HEARING and around Mount Wilson, California, casting Company, Inc. (WARU), Peru, In re applications of Mercer Broad­ will be of advantage to the persons to Indiana, Docket No. 11472, File No. BP- casting Co., Trenton, New Jersey, Docket whom service is to be rendered and in 9731; Twin Valley Broadcasters, Inc. No. 10931, File No. BP-8714; Drew J. T. the public interest; (WTVB), Coldwater, Michigan, Docket O’Keefe, Jack J. Dash & William F. Wa­ It is ordered, This 28th day of July No. 11473, File No. BP-9732; for con­ terbury, Levittown-Fairless Hills, Penn­ 1955, that pursuant to the provisions of struction permits. sylvania, Docket No. 10933, File No. BP- section 221 (a) of the Communications It is ordered, This 28th day of July 8964; for construction permits. Act of 1934, as amended, the above appli­ 1955, that Hugh B. Hutchison is assigned The Hearing Examiner having under cation is assigned for public hearing for to preside at the hearing in the above- consideration the scheduling of further the purpose of determining whether the entitled proceeding, which is hereby hearing herein; proposed acquisition will be of advantage scheduled to commence on October 10, It is ordered, This 1st day of August to the persons to whom service is to be 1955, in Washington, D. C. 1955, that further hearing nerein is rendered and in the public interest; Released: August 1, 1955. scheduled for September 6,1955, at 10:00 It is further ordered, That the hear­ a. m. ing upon said application be held at the F ederal Communications F ederal Communications offices of the Commission in Washington, Commission, Commission, D. C., beginning at 10:00 a. m. on the [seal] Mary J ane Morris, [seal] Mary Jane Morris, 23d day of September 1955, and that Secretary. Secretary. a copy of this order shall be served upon [F. R. Doc. 55-6376; Filed, Aug. 5, 1955; [F. R. Doc. 55—6404; Filed, Aug. 5, 1955; The Pacific Telephone and Telegraph 8:45 a. m.] 8:50 a. m.] Company, California Water & Telephone Company, Public Utilities Commission of the State of California, the Governor of the State of California, and the Post­ [Docket Nos. 11474 and 11475; FCC 55M-692] [Docket No. 11202, etc.; FCC 55M-703] master of Mount Wilson, California; N orthern I ndiana B roadcasters, Inc., M iners B roadcasting S ervice, Inc., et al. It is further ordered, That within ten and S t. J oseph Valley Broadcasting days after the receipt from the Commis­ Corp. (WJVA) ORDER CONTINUING HEARING sion of a copy of this order, the appli­ In re applications of Miners Broad­ cant herein shall cause a copy hereof ORDER SCHEDULING HEARING casting Service, Inc., Ambridge, Penn­ to be published in a newspaper or news­ In re applications of Northern Indiana sylvania, Docket No. 11202, File No. papers having general circulation in and Broadcasters, Incorporated, South Bend, BP-9102; Louis Rosenberg, Tarentum, around Mount Wilson, California and Indiana, Docket No. 11474, File No. BP- Pennsylvania, Docket No. 11203, File No. Saturday, August 6, 1955 FEDERAL REGISTER 5703

BP-9192; Theodore H. Oppegard and Illinois, and shall furnish proof of such DEPARTMENT OF THE INTERIOR Carl R. Lee, d/b as Somerset Broadcast­ publication at the hearing herein. ing Company, Painesville, Ohio, Docket Released: August 2, 1955. Bureau of Indian Affairs No. 11204, File No. BP-9358; for con­ [Bureau Order 566, Amdt. 2] struction permits. F ederal Communications The Hearing Examiner having under Commission, Area Director consideration the above-entitled pro­ [seal] Mary J ane Morris, authority to redelegate authority ceeding; Secretary. WITH RESPECT TO CONSTRUCTION, SUPPLY It appearing that a short continuance [F. R. Doc. 55-6406; Filed, Aug. 5, 1955; AND SERVICE CONTRACTS AND NEGOTIATING of the hearing herein is necessary to 8:51 a. m.] CONTRACTS FOR SERVICES OF ENGINEERING accommodate the Hearing Examiner’s AND ARCHITECTURAL FIRMS calendar; It is ordered, This 1st day of August [Docket No. 11465] Sec. 4. Authority of Area Director to 1955, on the Hearing Examiner’s own Redelegate of Order No. 566, as amended S outhern B ell Telephone and (19 F. R. 3971; 20 F. R. 2092), is revised motion, that the hearing now scheduled T elegraph Co. for September 13, 1955, is continued un­ to read as follows: til September 15, 1955, at 10:00 a. m. ORDER ASSIGNING MATTER FOR PUBLIC Sec. 4. Authority of Área Director to HEARING Redelegate. An Area Director may re­ F ederal Communications In the matter of the application of delegate the authority delegated to him Commission, Southern Bell Telephone and Telegraph by Section 1 of this Order. Each redef- [seal] Mary J ane Morris, Company, Docket No. 11465 (File No. egation shall be published in the Federal Secretary. P-C-3627) ; for a certificate under section Register. [F. R. Doc. 55-6405; Piled, Aug. 5, 1955; 221 (a) of the Communications Act of W. Barton Greenwood, 8:50 a. m.] 1934, as amended, to acquire certain tel­ Acting Commissioner. ephone plant and properties of Howard H. Callaway, d/b as Chipley Telephone August 2, 1955. Company, Chipley, Georgia. [F. R. Doc. 55-6387; Filed, Aug. 5, 1955; [Docket No. 11464] The Commission having under consid­ 8:47 a. m.] eration an application filed by Southern I llinois B ell T elephone Co. Bell Telephone and Telegraph Company ORDER ASSIGNING MATTER FOR PUBLIC for a certificate under section 221 (a) of CIVIL AERONAUTICS BOARD HEARING the Communications Act of 1934, as amended, that the proposed acquisition [Docket No. SA-255] In the matter of the application of by Southern Bell Telephone and Tele­ Accident Occurring at Sandspit, Illinois Bell Telephone Company, Docket graph Company of certain telephone B ritish Columbia No. 11464 (File No. P-C-3626), for a plant and properties of Howard H. Cal­ certificate under section-221 (a) of the laway, d/b as Chipley Telephone Com­ NOTICE OF RECONVENING OF HEARING Communications Act of 1934, as pany furnishing telephone service in and In the matter of investigation of acci­ amended, to acquire certain telephone around Chipley, Georgia, will be of ad­ dent involving aircraft of United States plant and properties of McHenry County vantage to the persons to whom service Registry N 45342, which occurred at Telephone Company, Marengo, Illinois. is to be rendered and in the public in­ Sandspit, British Columbia, on January The Commission having under consid­ terest; 19, 1952. eration an application filed by Illinois It is ordered, This 1st day of August Notice is hereby given, pursuant to the Bell Telephone Company for a certificate 1955, that pursuant to the provisions of Civil Aeronautics Act of 1938, as under section 221 (a) of the Communi­ section 221 (a) of the Communications amended, particularly Section 702 of said cations Act of 1934, as amended, that Act of 1934, as amended, the above ap­ Act, in the above-entitled proceeding the proposed acquisition by Illinois Bell plication is assigned for public hearing that hearing is hereby assigned to be Telephone Company of certain telephone for the purpose of determining whether held for the taking of additional witness plant and properties of McHenry County the proposed acquisition will be of ad­ testimony and technical information on Telephone Company furnishing tele­ vantage to the persons to whom service is Wednesday, August 10, 1955, at 9:30 phone service in and around Marengo, to be rendered and in the public interest; a. m. (local time) in the Northwest Air­ Illinois, will be of advantage to the per­ It is further ordered, That the hearing lines Conference Room, 1885 University sons to whom service is to be rendered upon said application be held at the of­ Avenue, St. Paul, Minnesota. and in the public interest; fices of the Commission in Washington, Dated at Washington, D. C., August 1, It is ordered, This 1st day of August D. C., beginning at 10:00 a. m. on the 29th 1955. 1955, that pursuant to the provisions of day of September 1955, and that a copy section 221 (a) of the Communications of this Order shall be served upon South­ [seal] Everett S. B osworth, Act of 1934, as amended, the above appli­ ern Bell Telephone and Telegraph Com­ Presiding Officer. cation is assigned for public hearing for pany, Howard H. Callaway, d/b as Chip- [F. R. Doc. 55-6409; Filed, Aug. 5, 1955; the purpose of determining whether the ley Telephone Company, the Governor of 8:51 a. m.] proposed acquisition will be of advan­ the State of Georgia, Georgia Public tage to the persons to whom service is Service Commission, and the Postmaster to be rendered and in the public interest; of Chipley, Georgia. DEPARTMENT OF COMMERCE It is further ordered, That the hearing It is further ordered, That within ten upon said application be held at the days after the receipt from the Commis­ Federal Maritime Board offices of the Commission in Washington, sion of a copy of this Order, the appli­ California Association of P ort Author­ D. c., beginning at 2:00 p. m. on the cant herein shall cause a copy hereof to ities and R ed S ea and G ulf of 6th day of September 1955, and that a be published in a newspaper or newspa­ Aden/U . S. Atlantic and Gulf F reight copy of this Order shall be served upon pers having general circulation in Chip- Conference Illinois Bell Telephone Company, Mc­ ley, Georgia, and Harris, Troup, and Henry County Telephone Company, Meriwether Counties, Georgia, and shall NOTICE OF AGREEMENTS FILED FOR APPROVAL Illinois Commerce Commission, the Gov­ furnish proof of such publication at the Notice is hereby given that the follow­ ernor of Illinois, and the Postmaster of hearing herein. ing described agreements have been Marengo, Illinois; filed with the Board for approval pur­ It is further ordered, That within ten Released: August 2, 1955. suant to § 15 of the Shipping Act, 1916, days after the receipt from the Com­ F ederal Communications as amended; 39 Stat 733, 46 U. S. C. 814. mission of a copy of this order, the appli­ Commission, (1 ) Agreement No. 7345-4 between the cant herein shall cause a copy hereof [seal] M ary J ane Morris, Members of the California Association to be published in a newspaper or news­ Secretary. of Port Authorities modifies the ap­ papers having general'circulation in Ma­ [F. R. Doc. 55-6407; Filed, Aug. 5, 1955; proved agreement of that Association rengo, Illinois, and McHenry County, 8:51 a. m.] 267 hearing should such hearing be desired. Rate per net sq. ft. $2.36. - 4. Annual Rental Costs for Comparable Space (Net Agency) __i______$1,970,000 Dated: August 2, 1955. Rate per net sq. ft. $3.94. ' * By order of the Federal Maritime 5. Maximum Annual Payment Permitted______'m__ ^ 030 OOO Board. (15% of fair market value.) * [seal] A. J. W illiams, Note: All estimates based on 1955 price levels. Secretary. D. Present annual rental and other hous­ complish this purpose. Among these was [P. R. Doc. 55-6408; Piled, Aug. 5, 1955; ing costs: 8:51 a. m.] S 1290, passed in the Senate on June 8, 1955, and enacted as Public Law 150, 84th Con­ Net sq. Unit Total gress, approved July 12, 1955. That law ft. cost cost expressly manifests the intent of Congress GENERAL SERVICES ADMIN­ that (1) provision of accommodations for executive agencies by GSA as a part of the ISTRATION 1. Existing Tempo’s 4,5 and T (or comparable space), to program for redevelopment of the southwest IProject No. 3-DC-01 ] be supplanted by pro- portion of the District of Columbia be accom­ Dosed building...... 500,522 $0.99 $495,760 plished on a lease-purchase basis and (2) F ederal Office B uilding temporary space of equivàlent occupancy be E. Justification of project: demolished. PROSPECTUS FOR PROPOSED BUILDING IN 1. Lack of Suitable Space: The proposed building will provide approx­ SOUTHWESTERN PORTION OF THE DIS­ a. The needs for space for the permanent imately 500,000 square feet of net office space, TRICT OF COLUMBIA activities of the Federal Government cannot to accommodate equivalent personnel dis­ be satisfied by utilization of existing Gov­ possessed from temporary buildings contem­ Editorial Note: This prospectus of pro­ ernment-owned space. plated for initial demolition under current posed Project Number 3-DC-01 is published b. Suitable rental space of comparable sort long-range planning programs. pursuant to section 412 (f) of the Public and characteristics is not available at a price 3. Direct and Indirect Benefits Expected to Buildings Purchase Contract Act of 1954, as commensurate with that to be afforded Accrue. amended by Public Law 150, 84th Congress, through the contract proposed. a. Agencies whose related operations are which requires publication in the F ederal c. Tlie space requested and proposed is scattered among two or more locations will Register for a period of ten consecutive days needed for permanent activities of the Fed­ be able to concentrate all of them in a single from date of submission to the Committees eral Government. location and thereby realize appreciable econ­ on Public Works of the Senate and House d. The best interest of the Government omies deriving from such factors as con­ of Representatives. will be served by taking the action proposed. tiguity of operating elements, immediate 2. Existing Conditions: accessibility of employees and records, and Project Number 3-DC-01 During the past several years there has elimination of transportation and communi­ P rospectus for Proposed B uilding Under been an active and widespread movement cation delays. T itle I, Public L aw 519, 83d Congress, 2d on the part of the public and Governmental b. The accommodation of Federal agencies S ession agencies, notably the Commission of Fine in a single building will provide flexibility in Arts, concerning the removal of World War making internal reassignments of agency FEDERAL OFFICE BUILDING, WASHINGTON, D. C. I and II Tempos and the restoration of the space where increases or decreases in re­ park lands. A. Brief description of proposed "building: quirements occur. Data compiled as of December 31, 1954, c. The proposed building will be function­ The project contemplates the erection of indicates that the Federal Government is a Federal Office Building on a site to be al in concept and devoid of excessive em­ currently utilizing four (4) World War I bellishment and extravagant appointments. acquired in the Southwest redevelopment Tempo’s, providing 2,083,903 square feet of area. The design of the building and facilities will net agency space, with 16,506 personnel; and provide for the utmost economy in con­ The proposed building will be a six-story 35 World War II Tempo’s, providing 3,585,063 struction; maintenance and operation costs and penthouse structure, stone exterior, with square feet, with 22,823 personnel. In sum­ considered. It will be provided with modern cafeteria included, and air conditioned mary, 39 Tempo’s, providing a total of 5,668,- fittings, appointments and conveniences throughout. It will have a gross floor area 966 square feet of net agency space, with comparable to those provided in buildings of of 815,000 square feet, that will provide aggregate personnel of 39,329. The afore­ private enterprise. Maintenance and im­ 558.000 square feet of net space, of which mentioned figures do not include space or provement of employee morale and the con­ 500.000 square feet will be office area, 10,000 personnel of the Central Intelligence Agency. sequent Increasing of employee efficiency square feet for shops, 34,000 square feet for The Congress, long sympathetic to the in­ over a period of years may thus be confi­ cafeteria, and 14,000 square feet for cus­ sistent demand for the razing of the Tempo’s dently expected to result in intangible todial, health unit, etc. has considered several proposed bills to ac­ though nonetheless real economies. Saturday; August 6, 1955 FEDERAL REGISTER 5705

F. Analysis of project space: 4. That every effort will be made to design 1. Since this project is intended to provide for relocation of numerous Federal activ­ and construct space conducive to maximum ities now housed in temporary buildings, no specific allocation of space among efficient utilization and to take advantage agencies can be made. Therefore requirement for Certificate of Need otherwise of any revision of cost downward which may required by Section 411 (e) of the Public Buildings Purchase Contract Act of be found possible as the plans develop and 1954 was waived in Public Law 150, 84th Congress. negotiations are advanced. 2. Space: You appreciate, of course, that this proj­ a. Distribution: ect will receive a more detailed review as to cost and space utilization prior to approval of the lease-purchase agreement. Tempo’s 4,5, and T proposed Sincerely yours, Agency [Signed] Rowland Hughes, Net sq. ft. Personnel Net sq. ft. Personnel Director. H on. Edmund F. Mansure, The specific allocation of agencies to be quartered in the proposed Administrator, building has not been presently determined. General Services Administration, 500,520 3,072 600,000 3,700 Washington 25, D. C. General Services: 22,000 132 [F. R. Doc. 55-6130; Filed. July 26, 1955; 2,000 3 34,000 60 10:09 a. m.] 500,520 3,072 558,000 3,885

b. Utilization: Public Buildings Service Agency Space—sq. ft. per person______163 135 Total Space—sq. ft. per person______163 144 [Wildlife Order 31] c. Efficiency: Ratio, net to gross (net assignable)______„___ _ 68.5% G. Analysis of project cost: T ransfer of P roperty K nown as T arpon 1. Costs of Improvements—Normal: S prings Light Attendant S tation, a. Construction______$12,250,000 T arpon Springs, F la. b. Elevator ______430,000 c. Air Conditioning______- 1,750,000 Pursuant to the provisions of Section d. Interest, taxes, etc., during construction______:_ 730,000 2 of Public Law 537, Eightieth Congress Cost per gross sq. ft. $18.60. . . . ------— $15,160, 000 (16 U. S. C. 667c), notice is hereby given 2. Costs of Improvements—Additional: that; a. Approaches & utilities______$150,000 1. By letter of transfer dated May 12, b. Steam connection______120,000 1955, from General Services Administra­ c. Stone face______525,000 tion to the Fish and Wildlife Service, d. Contingencies______- ______- 750,000 Department of the Interior, that prop­ $1, 545,000 erty known as Tarpon Springs Light At­ tendant Station, Tarpon Springs, Flor­ 3. Total Cost of Improvement______$16, 705, 000 ida, more particularly described in 4. Costs Not Included in Purchase Contract: subj'ect letter, has been transferred to the a. Architectural______$995,000 Department of the Interior. b. Land to be acquired (Est. C ost).______2,500,000 2. The above described property is ------$3,495, 000 transferred to the Department of the In­ terior for migratory bird conservation 5. Total over-all value of project______$20,200,000 purposes in accordance with the provi­ sions of said Public Law 537. H. Other selected data: Statement of Director, Bureau of the Budget F red S. P oorman, I. The proposed contract provisions will Executive Office of the President not exceed the amount necessary to: Acting Commissioner of a. Amortize principal. B ureau of the Budget Public Buildings Service. b. Provide interest not to 4% of the out­ standing principal. WASHINGTON, D. C. J uly 29, 1955. c. Reimburse contractor for the cost of Project 3-DC-01 [F. R. Doc. 55-6418; Filed, Aug. 5, 1955; taxes and interest during construction. Federal Office Building, 8:52 a. m.] d. Reimburse contractor for proportional Southwest Redevelopment Area, charge for redevelopment general area, Washington, D. C. streets and utilities. J uly 22, 1955. DEPARTMENT OF JUSTICE 2. It is proposed to make awards on financ­ My Dear Mr. Mansure: ing and construction by competition. Pursuant to section 411 (e) (8) of the Office of Alien Property 3. Estimated completion date for the proj­ Public Buildings Purchase Contract Act of 1954 (Public Law 519), the proposal for a H erbert Huston B ethel ect is 40 months from date of final approval. Federal Office Building, transmitted with 4. Taxes computed on basis of 75% ratio notice of intention to return vested and $22.00 per $1,000. your letter of June 28, 1955, has been ex­ amined and in my opinion “is necessary and PROPERTY 5. Insurance included during construction in conformity with the policy of the Presi­ only as part of total cost borne by construc­ dent.” This approval is given with the fol­ Pursuant to section 32 (f ) of the Trad­ tion contractor. During post-construction lowing understandings: ing With the Enemy Act, as amended, period Government will act as self-insurer. 1. That the project cost of $20,200,000 notice is hereby given of intention to Project Number 3-DC-01 (including. $2,500,000 for land to be ac­ quired) is a maximum figure. return, on or after 30 days from the date Submission 2. That the reported annual operating cost of publication hereof, the following of existing Tempos 4, 5 and T, i. e., 991 per property, subject to any increase or de­ Submitted at Washington, D. C. sq. ft., represents minimum maintenance in crease resulting from the administration anticipation of demolition, and that tem­ thereof prior to return, and after ade­ Recommended: porary Government buildings actually cost quate provision for taxes and conserva­ [S] Peter A. Strobel, more to maintain than the proposed new tory expenses: Commissioner of Public Buildings Service, building. General Services Administration. 3. That the proposed building will house Claimant, Claim No., Property, and Location some 10 percent of Federal employes pres­ Approved: ently housed in temporary buildings, and Herbert Huston Bethel, 17, The Strand, [S] A. E. Snyder, that the specific allocation of agencies in Topsham, Devon, England, Claim No. 59046, Acting Administrator, the proposed building is to be determined Vesting Order Nos. 9693, 9904; $269.11 in the General Services Administration. later by GSA. Treasury of the United States. 5706 NOTICES Executed at Washington, D. C., on aminer and affirming decision as so Company, Docket No. G-3160; Hol- July 29, 1955. modified in the above-entitled matter. landsworth Oil Company, et al., Docket No. G-8667; The Manufacturers Light For the Attorney General. [seal] Leon M. F uquay, Secretary. and Heat Company, Docket No. G-8735; [seal] P aul V. Myron, E. B. McMurtry, Docket No. G-8814. Deputy Director, [F. R. Doc. 55-6392; Filed, Aug. 5, 1955; Notice is hereby given that on July 13, Office of Alien Property. 8:48 a. m.] 1955, the Federal Power Commission issued its findings and orders adopted [F. R. Doc. 55-6381; Filed, Aug. 5, 1955; July 8,1955, issuing certificates of public 8:46 a. m.] convenience and necessity in the above- [Docket Nos. G-6697; G-66981 entitled matters. N. L. Adams, S r., et al. DEPARTMENT OF AGRICULTURE [seal] Leon M. F uquay, NOTICE OF FINDINGS AND ORDER ISSUING Secretary. Office of the Secretary CERTIFICATES OF PUBLIC CONVENIENCE [F. R. Doc. 55-6395; Filed, Aug. 5, 1955; K entucky AND NECESSITY 8:49 a. m.] A ugust 2, 1955. DISASTER ASSISTANCE ; DESIGNATION OF AREAS In the matters of N. L. Adams, Sr., FOR PRODUCTION EMERGENCY LOANS and N. L. Adams, Jr., Docket No. For the purpose of making production G-6697; Courtney Stewart, Docket No. [Docket No. E-6636] emergency loans pursuant to section 2 G-6698. (a) of Public Law 38, 81st Congress, as Notice is hereby given that on July 18, M ontana-D akota U tilities Co. amended, it is determined that in the 1955, the Federal Power Commission is­ NOTICE OF APPLICATION SEEKING ORDER following named additional counties in sued its findings and order adopted July AUTHORIZING ISSUANCE OF UNSECURED the State of Kentucky a production 13, 1955, issuing certificates of public NOTES disaster has caused a need for agricul­ convenience and necessity in the above- August 1, 1955. tural credit not readily available from entitled matters. Take notice that on July 28, 1955, commercial banks, cooperative lending [seal] Leon M. F uquay, Montana-Dakota Utilities Co., incorpo­ agencies, or other responsible sources. Secretary. rated in Maine with its principal business office in Minneapolis, Minnesota, filed an K entucky [F. R. Doc. 55-6393; Filed, Aug. 5, 1955; Estill. Madison. 8:48 a. m.] application with the Federal Power Fleming. Nicholas. Commission pursuant to section 204 of Garrard. Powell. the Federal Power Act seeking an order authorizing the issuance of unsecured ' p ' i - - ; * ■ ■ - ij Pursuant to the authority as set forth [Docket No. ID-1240] promissory notes dated as of the dates of above, such loans will not be made in the their respective issue, which will not be State of Kentucky after December 31, R obert O. Whitman later than December 31, 1955, and due 1956, except to borrowers who previously not more than one year after the dates of received such assistance. NOTICE OF ORDER AUTHORIZING APPLICANT TO HOLD CERTAIN POSITIONS their respective issue, each bearing in­ Done at Washington, D. C., this 3d day terest at the prime commercial bank rate August 2,1955. in effect at the date it is issued. The of August 1955. Notice is hereby given that on July notes will be payable to The First Na­ [seal] T rue D. Morse, 15, 1955, the Federal Power Commission tional City Bank of New York with a 25 Acting Secretary. issued its order adopted July 13, 1955, percent participation in each note by the authorizing applicant to hold certain Northwestern National Bank of Minne­ [F. R. Doc; 55-6417; Filed, Aug. 5, 1955; positions pursuant to section 305 (b) of apolis and a 20 percent participation in 8:52 a. m.] the Federal Power Act in the above- each note by the First National Bank of entitled matter. Minneapolis. Applicant states that the purpose of the notes is to provide tem­ FEDERAL POWER COMMISSION [seal] Leon M. F uquay, porary financing for necessary additions [Docket No. G-5259] Secretary. to the applicant’s gas and electric prop­ [F. R. Doc. 55-6394; Filed, Aug. 5, 1955; erties made necessary to supply increas­ T ennessee Gas T ransmission Co. . 8:49 a. m.] ing demands for service; all as more fully appear in the application on file with the notice of order affirming ruling and Commission. DENYING APPEAL Any person desiring to be heard, or to August 2, 1955. [Docket Nos. G-3892, etc.] make any protest with reference to said Notice is hereby given that on July 14, U n it e d C a r b o n C o ., I n c . (M a r y l a n d ) application should, on or before the 22d 1955, the Federal Power Commission is­ e t AL. day of August 1955, file with the Federal sued its order adopted July 13, 1955, Power Commission, Washington 25, D. C.f affirming ruling of Presiding Examiner NOTICE OF FINDINGS AND ORDERS ISSUING a petition or protest in accordance with CERTIFICATES OF PUBLIC CONVENIENCE the Commission’s Rules of Practice and and denying appeal in the above-entitled AND NECCESSITY matter. Procedure. The application is on file A u g u s t 2, 1955. with the Commission for public inspec­ [seal] Leon M. F uquay, In the matters of United Carbon Com­ tion. Secretary. pany, Inc. (Maryland), Docket No. [seal] Leon M. F uquay, [F. R. Doc. 55-6391; Filed, Aug. 5, 1955; G—3892; Welsh Oil and Gas Company, Secretary. 8:48 a. m.] Docket No. G-4959; Goose Run Oil and Gas Company, Docket No. G-4960 ; Todd [F. R. Doc. 55-6396; Filed, Aug. 5, 1955; Oil and Gas Company, Docket No. 8:49 a. m.] G-4961; P. C. McKenzie Company, [Docket No. G-5788] Docket No. G-5945; Henrietta Yerger Jones dba Edwin Jones Oil Company, Cities S ervice Gas Producing Co. Docket No. G-6305 ; Zeller Gas Company, [Docket No. G-6211J NOTICE OF ORDER MODIFYING DECISION Docket No. G-6474; Raychel Gas Com­ Continental Oil Co. pany, Docket No. G-6475; Floyd Gas August 2,1955. Company, Docket No. G-6476; Albert NOTICE OF APPLICATION AND DATE OF Notice is hereby given that on July 15, E. Rice, et al. Lease, Docket No. HEARING 1955, the Federal Power Commission is­ G-6487 ; John G. Cochran and Company, August 2, 1955. sued its order adopted July 13, 1955, Docket No. G-6522; Idah Woods John­ Take notice that Continental Oil Com­ modifying decision of the Presiding Ex­ son, Docket No. G-6691; Freshour Gas pany, Applicant, a Delaware corporation Saturday, August 6, 1955 FEDERAL REGISTER 5707 whose address is 608 Fannin Street, Applicant produces natural gas in Lewis County, West Virginia. The price Houston, Texas, filed on November 29, various districts of twenty counties in of gas to be 20 cents per Mcf. 1954, an application for a certificate of West Virginia and sells the same in inter­ This matter is one that should be dis­ public convenience and necessity pursu­ state commerce to Hope Natural Gas posed of as promptly as possible under ant to section 7 of the Natural Gas Act, Company for resale and Applicant also applicable rules and regulations and to authorizing Applicant to render service produces natural gas from the Glenville that end : as hereinafter described, subject to the District, Gilmer County, and from the Take further notice that, pursuant to jurisdiction of the Commission all as Birch District, Braxton County, West the authority contained in and subject more fully represented in the application Virginia, and sells it in interstate com­ to the jurisdiction conferred upon the which is on file with the Commission and merce to Equitable Gas Company for Federal Power Commission by sections open for public inspection. resale. The price of gas sold to Hope 7 and 15 of the Natural Gas Act, and the Applicant sells in interstate commerce Natural Gas Company is 22 cents per Commission’s Rules of Practice and natural gas produced in South La Gloria Mcf and that sold to Equitable Gas Com­ Procedure, a hearing will be held on Unit, La Gloria Area of Brooks and Jim pany is 16 cents per Mcf. September 6,1955, at 9:45 a. m., e. d. s. t., Wells Counties, Texas, to Texas-Illinois This matter is one that should be dis­ in a Hearing Room of the Federal Power Natural Gas Company for resale. The posed of as promptly as possible under Commission, 441 G Street NW., Wash­ stated price is 7.48 cents per Mcf. the applicable rules and regulations and ington, D. C., concerning the matters This matter is one that should be dis­ to that end: involved in and the issues presented by posed of as promptly as possible under Take further notice that, pursuant to such application: Provided, however, the applicable rules and regulations and the authority contained in and subject That the Commission may, after a non- to that end: to the jurisdiction conferred upon the contested hearing, dispose of the pro­ Take further notice that, pursuant to Federal Power Commission by sections 7 ceedings pursuant to the provisions of the authority contained in and subject and 15 of the Natural Gas Act, and the section 1.30 (c) (1) or (c) (2) of the to the jurisdiction conferred upon the Commission’s rules of practice and pro­ Commission’s Rules of Practice and Federal Power Commission by sections 7 cedure, a hearing will be held on Septem­ Procedure. and 15 of the Natural Gas Act, and the ber 6, 1955 at 9:30 a. m., e. d. s. t., in a Protests or petitions to intervene may Commission’s rules of practice and pro­ Hearing Room of the Federal Power be filed with the Federal Power Com­ cedure, a hearing will be held on Septem­ Commission, 441 G Street NW., Wash­ mission, Washington 25, D. C., in accord­ ber 6, 1955, at 9:30 a. m., e. d. s. t., in a ington, D. C., concerning the matters in­ ance with the rules of practice and pro­ Hearing Room of the Federal Power volved in and the issues presented by cedure (18 CFR 1.8 or 1.10) on or before Commission, 441 G Street NW., Wash­ such application: Provided, however, August 16, 1955. Failure of any party ington, D. C., concerning the matters in­ That the Commission may, after a non- to appear at and participate in the hear­ volved in and the issues presented by contested hearing, dispose of the pro­ ing shall be construed as waiver of and such application: Provided, however, ceedings pursuant to the provisions of concurrence in omission herein of the That the Commission may, after a non- section 1.30 (c) (1) or (c) (2) of the intermediate decision procedure in cases contested hearing, dispose of the pro­ Commission’s rules of practice and pro­ where a request therefor is made. ceedings pursuant to the provisions of cedure. section 1.30 (c) (1) or (c) (2) of the Protests or petitions to intervene may [seal] Leon M. F uquay. Commission’s rules of practice and pro­ be filed with the Federal Power Com­ Secretary. cedure. mission, Washington 25, D. C., in accord­ [F. R. Doc. 55-6399; Filed, Aug. 5, 1955; Protests or petitions to intervene may ance with the rules of practice and pro­ 8:49 a. m.] be filed with the Federal Power Commis­ cedure (18 CFR 1.8 or 1.10) on or before sion, Washington 25, D. C., in accordance August 16, 1955. Failure of any party with the rules of practice and procedure to appear at and participate in the hear­ INTERSTATE COMMERCE (18 CFR 1.8 or 1.10) on or before August ing shall be construed as waiver of and 25,1955. Failure of any party to appear concurrence in omission herein of the COMMISSION at and participate in the hearing shall be intermediate decision procedure in cases Fourth Section Application for Relief construed as waiver of and concurrence where a request therefor is made. in omission herein of the intermediate August 3, 1955. decision procedure in cases where a [seal] Leon M. Fuquay, Protests to the granting of an applica­ request therefor is made. Secretary. tion must be prepared in accordance with [F. R. Doc. 55—6398; Filed, Aug. 5, 1955; Rule 40 of the General Rules of Practice [seal] Leon M. Fuqua y , 8:49 a. m.] (49 CFR 1.40) and filed within 15 days Secretary. from the date of publication of this [F. R . Doc. 55-6397; Filed, Aug. 5, 1955; notice in the Federal Register. 8:49 a. m.] [Docket No. G-7022] LONG-AND-SHORT-HAUL FSA No. 30908: Molasses—Montana Earl Goodwin et al. and Washington to Illinois, Missouri, and [Docket No. G-7004] NOTICE OF APPLICATION AND DATE OF Wisconsin. Filed by W. J. Prueter, HEARING Agent, for interested rail carriers. Rates South Penn Natural Gas Co. on molasses, beet sugar final, tank-car ugust NOTICE OF APPLICATION AND DATE OF A 1, 1955. loads from Billings, Missoula, and Sid­ HEARING Take notice that Earl Goodwin et al., ney, Mont., and Scalley and Toppenish, Applicant, an individual whose address Wash., to Chicago, Crescent, Crystal August 1, 1955. is Jane Lew, West Virginia, filed on No­ Lake, Decatur, Pekin, and Peoria, 111., Take notice that South Penn Natural vember 30, 1954, an application for a Milwaukee, Wis., and St. Louis, Mo. Gas Company, Applicant, a corporation certificate of public convenience and Grounds for relief: Market competi­ whose address is Union Trust Building necessity pursuant to section 7 of the tion and circuity. Parkersburg, West Virginia, filed on No­ Natural Gas Act, authorizing Applicant Tariffs: Supplement 55 to Agent Prue- vember 30, 1954, an application for a to render service as hereinafter de­ ter’s I. C. C. 1560; Supplement 21 to certificate of public convenience and ne­ scribed, subject to the jurisdiction of the Agent Prueter’s I. C. C. 1567. cessity pursuant to section 7 of the Nat­ Commission, all as more fully repre­ FSA No. 30909: Phosphate—Anaconda, ural Gas Act, authorizing Applicant tc sented in the application which is on Mont., to western points. Filed by W. J. render service as hereinafter described file with the Commission and open for Prueter, Agent, for interested rail car­ subject to the jurisdiction of the Com­ public inspection. riers. Rates on phosphate, acidulated, mission, all as more fully represented in Applicant proposes to sell natural gas and acidulated and ammoniated, car­ the application which is on file with the in interstate commerce to Carnegie Nat­ loads, from Anaconda, Montana to speci­ Commission and open for public in­ ural Gas Company for resale which is fied points in Nebraska, North Dakota, spection. produced in Freemans Creek District, South Dakota, and Wyoming. 5708 NOTICES Grounds for relief: Short-line distance meir, Agent, for interested rail carriers. Tariff: Supplement 25 to Agent Kratz­ formula, market competition, and Rates on scrap or waste paper, carloads meir’s I. C. C. No. 4043. circuity. from Evadale, Tex., to specified points FSA No. 30915: Magazines or periodi­ Tariff: Supplement 55 to Agent Prue- in Illinois, central, trunk-line, and New cals—Kokomo, Ind., to New Orleans, La. ter’s I. C. C. 1560. England territories.. Filed by H. R. Hinsch, Agent, for inter­ PSA No. 30910: Clay—South Dakota Grounds for relief: Short-line dis­ ested rail carriers. Rates on magazines and Wyoming to Montana. Filed by tance formula and circuity. or periodicals, magazine parts or sec­ W. J. Prueter, Agent, for interested rail Tariff: Supplement 18 to Agent Kratz- tions, or newspaper supplements, car­ carriers. Rates on clay, crude or ground, meir’s I. C. C. 3992. loads, from Kokomo, Ind., to New Or­ carloads from Belle Fourche, S. D., Grey- FSA No. 30913: Muriatic acid—Loving, leans, La. bull, Wyo., and other specified points in N. Mex., to New Mexico and Texas. Grounds for relief: Circuitous routes. Wyoming to specified points in northern, Filed by F. C. Kratzmeir, Agent, for in­ FSA No. 30916: Caustic soda—Evans southern, and western Montana. terested rail carriers. Rates on muriatic City, Ala., to Foley, Fla. Filed by South­ Grounds for relief: Circuitous routes. (hydrochloric) acid, tank-car loads ern Railway Company, Agent, for inter­ Tariff: Supplement 55 to Agent Prue- from Loving, New Mexico to specified ter’s I. C. C. 1560. points in New Mexico and Texas. ested rail carriers. Rates on caustic FSA No. 30911: Sulphate liquor skim- Grounds for relief: Motor truck com­ soda, tank-car loads from Evans City, mings to Goodyear, Miss. Filed by F. C. petition and circuity. Ala., to Foley, Fla. Kratzmeir, Agent, for interested rail Tariff: Supplement 102 to Agent Grounds for relief: Market competi­ carriers. Rates on sulphate black liquor Kratzmeir’s I. C. C. 4046. tion and circuity. skimmings, carloads, from specified FSA No. 30914: Peanuts—Southwest Tariff: Supplement 110 to Agent Span- points in Arkansas, Louisiana (west of to Hershey and Altoona, Pa. Filed by inger’s I. C. C. 1295. the Mississippi River), and Texas to F. C. Kratzmeir, Agent, for interested Goodyear, Miss. rail carriers. Rates on peanuts, shelled, By the Commission. Grounds for relief: Circuitous routes. not salted, carloads from specified points [seal] H arold D. McCoy, Tariff: Supplement 74 to Agent Kratz- in Arkansas, Oklahoma, and Texas to Secretary. meir’s I. C. C. 4139 and two other tariffs. Altoona and Hershey, Pa. FSA No. 30912: Scrap paper—Evadale, Grounds for relief: Market competi­ [F. R. Doc. 55-6400; Filed, Aug. 5, 1855; Tex., to the east. Filed by F. C. Kratz- tion, grouping and circuity. 8:50 a. m.]