ESISTER \ 1934 VOLUME 24 NUMBER 245 *

such commodity, such limitation shall not CONTENTS Title 6— AGRICULTURAL apply to the amount of price support re­ ceived by the cooperative marketing organ­ ization, or other persons, but the amount of Agricultural Marketing Service PaS® CREDIT price support made available to-any person Notices: through such cooperative marketing organ­ Winfield Livestock Auction, Inc., Chapter IV— Commodity Stabilization ization or other persons shall be included in et al. ; proposed posting of Service and Commodity Credit Cor­ determining the amount of price support stockyards______10233 poration, Department of Agriculture received by such person for purposes of such Proposed rule making: limitation, and (4) that the Secretary of SUBCHAPTER B— LOANS, PURCHASES, AND Agriculture shall issue regulations prescrib­ Milk in Detroit, Mich., and Cen­ QTHER OPERATIONS ing such rules as he determines necessary to tral Michigan marketing area; carry out this provision. decision on proposed amend­ PART 427— COTTON ments to tentative marketing To implement the above provisions of agreement and order______10207 Notice of Applicability of Provisions the Act, notice is hereby given of the Contained in I960 Agricultural Ap­ following: Agricultural Research Service 1. Upland cotton and extra long staple Notices: propriation Act— Public Law 86—80 Anti-hog-cholera serum and to Upland Cotton and Extra Long cotton have been declared to be in sur­ plus supply for the purpose of P.L. 86-90 hog-cholera virus, handling; Staple Cotton and the provisions of the Act are ap­ members and alternate mem­ bers of control agency______10233 The provision in the Department of plicable to such commodities. The Agriculture and Farm Credit Adminis­ term “commodity” hereinafter used in Agriculture Department tration Appropriation Act for the fiscal this notice shall be deemed to refer sep­ See also Agricultural Marketing year 1960 (P.L. 86-80) placing a limita­ arately to upland cotton and to extra Service; Agricultural Research tion on the amount of price support long staple cotton. Service; Commodity Credit Cor­ which may be extended by Commodity 2. Each producer shall be required to poration; Commodity Stabiliza­ Credit Corporation to any person reads make a 20 percent reduction in the pro­ tion Service. duction of the commodity in 1960 below Notices: as follows: his 1959 production in order to be eligible South Carolina ; designation of Provided further, (1) That no part of this for nonrecourse price support on the area for production emer- authorization shall be used to formulate or commodity in excess of $50,000. The re­ gency loans______10234 carry out a price support program for 1960 under which a total amount of price support duction in production shall be made on Civil and Defense Mobilization in excess of $50,000 would be extended an acreage basi , and the acreage repre­ Office through loans, purchases, or purchase agree­ sented by such reduction shall not be ments made or made available by Com­ put into production of the commodity Notices: modity Credit Corporation to any person on by any other person. In ttie case of up­ Oklahoma; major disaster------10240 the 1960 production of any agricultural com­ land cotton, the requirement of a 20 per­ Coast Guard modity declared by the Secretary to be in cent reduction from the 1959 acreage Notices: surplus supply, unless (a) such person shall will apply regardless of whether the pro­ Equipment, installations, or ma­ reduce his production of such commodity from that which such person produced the ducer elected Choice (A) or Choice (B) terials; changes in name cff preceding year, in such percentage, not to in 1959 or whether he elects Choice (A) products and in names and exceed 20 per centum, as the Secretary may or Choice (B) in 1960. addresses of manufacturers; determine to be essential to bring produc­ 3. Price support advances in excess of approval and termination of tion in line within a reasonable period of $50,000 on the commodity for which the approval, and amendment— 10224 time with that necessary to provide an ade­ producer has not made the required re­ quate supply to meet domestic and foreign Commerce Department duction of production shall be made only See Maritime Administration. demands, plus adequate reserves, or (b) through recourse price support loan ad­ such person shall agree to repay all amounts Commodify Credit Corporation advanced in excess of $50,000 for any agri­ vances. Producers affected by this pro­ cultural commodity within twelve months vision shall be extended rights of repay­ Rules and regulations: from the date of the advance of such funds ment for twelve months after the final Loans, purchases and other op­ or at such later date as the\Secretary may price support availability date for the erations : determine, (2) that the term “person” shall commodity. Cotton, upland and extra long mean an individual, partnership, firm, 4. In case a person receives price sup­ sta p le ______10189 joint-stock company, corporation, associa­ Mohair; payment program— 10191 tion, trust, estate, or other legal entity, or a port advances in excess of $50,000 and such person is ineligible for unlimited Wool, shorn and pulled; in­ State, political subdivision of a State, or any centive level, 1960------10191 agency thereof, (3) that in the case of any nonrecourse price support, the amount loan to, or purchase from, a cooperative due on a recourse basis shall be the Commodity Stabilization Service marketing organization, or with regard to amount advanced in excess of $50,000 Notices: price support on an agricultural commodity plus interest and charges on the amount Sugar in continental U.S.; im­ extended by purchases of a product of such in excess of $50,000. Charges shall in- portation for refining and commodity from, or by loans on such prod­ uct to, persons other than the producers of (Continued on p. 10191) storag e______10233 10189 10190 RULES AND REGULATIONS

/ w \ CONTENTS— Continued CONTENTS— Continued Federal Power Commission Page Securities and Exchange Com- Pa®e FEDERALlpEGISTER Notices: mission— Continued V, 1834 r tornito ’ ^ Hearings, etc.: Notices—Continued Alabama-Tennessee Natural Hearings, etc.—Continued Gas Co______10238 One William Street Fund, REpublic 7—7500 * Extension 3261 Arizona Power Authority___ 10237 Inc------10241 Continental Oil Co. et al___ 10238 Oklahoma Gas and Electric Small Business Administration Published daily, except Sundays, Mondays, Co______10239 Notices : and days following official Federal holidays, Standard Oil Co. of Texas et Authority delegations : by the Office of the Federal Register, National al______10239 Branch managers: Archives and Records Service, General Serv­ Jackson, Miss______10242 ices Administration, pursuant to the au­ Tennessee Gas Transmission Co______10240 Washington, D.C.______10242 thority contained in the Federal Register Act, Disaster field office managers: approved July 26, 1935 (49 Stat. 500, as Federal Trade Commission Beaufort, S.C______10242 amended; 44 U.S.C., ch, 8 B ), under regula­ Rules and regulations: tions prescribed by the Administrative Com­ Charleston, S.C______10242 mittee of the Federal Register, approved by Cease and desist orders: Small business production pools: the President. Distribution is made only by A. & J. Engel, Inc______10193 Allied Specialties Co.; par- * the Superintendent of Documents, Govern­ Cappell, Charles, et al____ _ 10192 -----, ticipation______10243 ment Printing Office, Washington 25, D.C. Erie Sand and Gravel Co_____10193 General Tire Production Pool, The F ederal R egister will be furnished by Lowenthal’s Inc., et al______10194 Inc. ; withdrawal of partici­ mall to subscribers, free of postage, for $1.50 Royal Sewing Machine Corp. pation. ...______10243 per month or $15.00 per year, payable in et al______10195 advance. The charge for individual copies Tire and tube repair material Treasury Department ^ (minimum 15 cents) varies in proportion to industry______10195 See also Coast Guard. the size of the issue. Remit check or money Notices: order, made payable to the Superintendent Health, Education, and Welfare No sales at less than fair value; of Documents, directly to the Government Department Printing Office, Washington 25, D.C. determinations: The regulatory material appearing herein Notices: Aluminum foil from Switzer- is keyed to the Code op F ederal R egulations, Public Health Service; organ­ land------J:____ 10231 which is published, under 50 titles, pursuant ization and authority delega- Cyanuric chloride from to section 11 of the Federal Register Act, as tions______10234 Japan------^___,______10232 amended August 5, 1953. The Code op F ed­ Housing and Home Finance Monosodium glutamate from eral R egulations is sold by the Superin­ Japan. ______J ______1Q232 tendent of Documents. Prices of books and Agency pocket supplements vary. Rules and regulations: Veterans Administration There are no restrictions on the re­ Programs and procedure____ ._ 10206 Rules and regulations: publication of material appearing in the Interior Department Claims; assistance in acquiring F ederal R egister, or the Code of F ederal specially adapted housing to R egulations. S ee Land Management Bureau; Mines Bureau. seriously disabled veterans__ 10204 Interstate Commerce Commis­ CODIFICATION GUIDE CONTENTS— Continued sion Notices : A numerical list of the parts of the Code Federal Aviation Agency PaSe Fourth section applications for of Federal Regulations affected by documents Rules and regulations: relief______. . . ______10243 published in this issue. Proposed rules, as opposed to final actions, are identified as Air taxi certification and opera­ Motor carrier alternate route such. tion rules and rules govern­ deviation notices.______10244 A Cumulative Codification Guide, covering ing other small aircraft com­ Motor carrier transfer proceed­ the current month appears at the end of each mercial operations; postpone­ ings______10243 issue beginning with the second issue of the ment of effective date______10192 Utah Parks Co.; status of work month. Airworthiness directives; Vertol - of certain employees______10244 6 CFR Page helicopters ______10192 Land Management Bureau Commercial operator certifica­ 427______tion and operation rules; Notices: 468. ______postponement of a m e n d ­ Proposed withdrawals and res­ 472______ment’s effective date______10191 ervations of land: Alaska; amendment______10232 7 CFR Federal Communications Com­ : Idaho______10232 Proposed rules : mission Maritime Administration 924 ______10207 1025 _ Notices: Notices : Hearings, etc.: Farrell Lines, Inc.; application 14 CFR Coast Ventura Co. (KVEN- and hearing______t__ 10234 45 ______FM)______- 10235 Rules and regulations : 47______. . . H and R Electronics; Inc., Vessel values for war risk in­ 507 ______surance------10204 et al______10236 16 CFR Hiawathaland Broadcasting Mines Bureau 13 (5 documents) 10192-10195 Co. (WSOO)______10236 Rules and regulations: 48. ______... Ledbetter, Wiljiam P., and Fire-resistant hydraulic fluids_ 10201 Smith, E. O______10237 Railroad Retirement Board 20 CFR Pioneer Broadcasting Co. et Rules and regulations: 345 ______10199 al______10237 Employers’ contributions and 30 CFR Table of assignments, televi­ contribution reports______10199 sion broadcast stations; Co­ 35______10201 lumbus, Ga., and Dothan, Securities and Exchange Com­ 38 CFR Ala______10234 mission ■ 3______>__ ..... ______10204 Rules and regulations: Notices: Practice and procedure; miscel­ Hearings, etc. : 44 CFR laneous amendments______10206 Bissonnet Co______10240 701______10206 Thursday, December 17, 1959 FEDERAL REGISTER > 10191

CODIFICATION GUIDE— Con. 70 cents per pound for all mohair sold son who furnishes evidence to such an in that marketing year. The price of applicant for ^ the purpose of enabling mohair will be supported by payments to him to receive a payment under this 46 CFR page producers if the national average return program, shall maintain books, records, 309______10204 to producers for all mohair sold in the and accounts showing the marketing of 47 CFR 1960 marketing year is less than the wool or lambs, as the case may be, on 1______10206 support level of 70 cents per pound. which an application for payment may Mohair prices are now above that level. be based, and shall maintain those (c) Provisions of regulations. If mar­books, records, and accounts for three elude storage and other applicable ket conditions become such that it ap­ years following the end of the specified charges paid or payable by CCC with pears that payments to producers will marketing year during which the mar­ respect to the loan collateral relating be necessary, regulations containing the keting took place. The applicant shall to the recourse advance. In the event detailed program requirements will be also maintain books, records, and ac­ any person does not repay the recourse issued. Such regulations will be gen­ counts shoeing his purchases of lambs on advance when due, CCC shall have the erally similar to the regulations dealing or after April 1,1956. He shall maintain right to sell the collateral securing the with shorn wool payments which are in­ them for three years following the end recourse advance. Further, if it is de­ cluded in the Payment Program for of the specified marketing year during termined by CCC the commodity can Shorn Wool and Unshorn Lambs (Pulled which any part of the wool shorn from no longer be held because of danger of Wool), issued by Commodity Credit such lambs has been marketed or during loss, damage, or deterioration, or other Corporation and the Commodity Stabil­ which any such lambs have been mar­ reasons and the commodity is not re­ ization Service on January 27, 1959 (24 keted, as the case may be. If the appli­ deemed, CCC may dispose of the com­ F.R. 649), except that there will be no cant is required to report on a ‘first in, modity prior to the date when the re­ deductions from payments under the first out’ basis pursuant to § 472.1010(b) course advance is to be repaid in such mohair program based on any purchases or § 472.1026(b), he shall maintain such manner as it deems best to protect the of goats. Applicants for payments under books, records, and accounts of pur­ interests of CCC and the person. Upon the mohair program will submit sales chased lambs for three years following sale of the collateral, the net proceeds documents meeting the requirements as the end of the specified marketing year will be credited to such person’s recourse to sales documents for shorn wool in the for which the purchased lambs are to indebtedness. Any amount by which previously mentioned wool payment be reported in accordance with those the net proceeds exceeds the recourse program (§§ 472.1007 and 472.1008 of this sections.” * indebtedness for any person shall be chapter), and producers of mohair are (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. paid to such person. Any unliquidated cautioned to obtain and keep such docu­ 714b. Interpret or apply sec. 5, 62 Stat. 1072, balance due CCC shall be collected by ments for use under the mohair program secs. 702-709, 68 Stat. 910-912, secs. 401-403, appropriate means. if mohair payments should be made. 72 Stat. 994-995; 15 U.S.C. 714c, 7 U.S.C. 1781- 5. The limitations on nonrecourse (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. 1787,1446) price support apply to the 1969 crop 714b. Interprets or applies sec. 5, 62 Stat. Issued this 14th day of December 1959. of the commodity. 1072, secs. 702-709, 68 Stat. 910-912, secs. 6. Provisions implementing this notice, 401-403, 72 Stat. 994-995; 15 U.S.C. 714c, W alter C. B erger, including provisions which will preclude 7 U.S.C. 1781-1787, 1446) Executive Vice President, Com­ modity Credit Corporation, arrangements entered into by producers Issued this 14th day of December 1959. in the production of cotton on farms in and Administrator, Commod­ W alter C. B erger, ity Stabilization Service. 1960 from having the effect of circum­ Executive Vice President, Com­ venting these provisions of law, will be modity Credit Corporation, and [F.R. Doc. 59-10706; Filed, Dec. 16, 1959; included in regulations to be issued by Administrator, Commodity Sta­ 8:50 ajn.] the Department of Agriculture at a later bilisation Service. date. [F.R. Doc. 59-10705; Filed, Dec. 16, 1959; (Secs. 1-8 issued under Pub. Law 86-80) 8:49 a.m.] Title 14— AERONAUTICS AND Issued this 11th day of December 1959. W alter C. B erger, SPACE Executive Vice President, [Arndt. 1] Chapter I— Federal Aviation Agency Commodity Credit Corporation. [Reg. Docket No. 38; Arndt. 45-4] [F.R. Doc. 59-10704; Piled, Dec. 16, 1959; PART 472— WOOL 8:49 a.m.] Subpart— Payment Program for Shorn PART 45— COMMERCIAL OPERATOR Wool and Unshorn Lambs (Pulled CERTIFICATION AND OPERATION Wool) RULES PART 468— MOHAIR I ncentive L evel for 1960 Marketing Postponement of Effective Date of ear Amendment Subpart— Payment Program for Y Mohair The regulations issued by Commodity Part 45 of the Civil Air Regulations Credit Corporation and the Commodity presently contains provisions which are § 4^8.161 Payment program for mohair. Stabilization Service containing the re­ applicable to commercial operators who (a) Announcement of program. The quirements with respect to the payment conduct operations in small aircraft. Commodity Stabilization Service and program for shorn wool and unshorn Civil Air Regulations Amendment 45-2 Commodity Credit Corporation hereby lambs (pulled wool), 24 F.R. 649, are (24 F.R. 90), adopted by the Civil Aero­ announce a payment program for mohair amended as follows: nautics Board concurrently with Part 47, pursuant to the National Wool Act of l r At the end of § 472.1002, insert the made these operators subject to the ap­ 1954, as amended. The program will be following new paragraph (c ): plicable provisions of a new Part 47 carried out under the general supervision (c) 1960 marketing year. For the which was to have become effective on and direction of the Executive Vice 1960 marketing year, the price support July 1, 1959; later changed to December President of Commodity Credit Corpora­ level was announced on October 15, 1959, 31,1959, by Civil Air Regulations Amend­ tion through the Commodity Stabiliza­ as 62 cents per pound of shorn wool, ment 47-1. Additionally, it was neces­ tion Service. grease basis. sary to change the effective date of Civil (b) Level o f price support for 1960 Air Regulations Amendment 45-2 to De­ marketing year. The price of mohair 2. Delete the first sentence of § 472.-cember 31, 1959. sold in the 1960 marketing year (April 1, 1058 and substitute therefor the follow­ A general revision of new Part 47 is 1960, through March 31, 1961) will be ing new sentences: “The applicant for a being processed but it will not be com­ supported at a level which will yield a payment under this subpart as well as pleted in time to be made effective by national average return to producers of his marketing agency and any other per- December 31, 1959; therefore, the effec- 10192 RULES AND REGULATIONS

tive date of the part will be postponed making the amendment effective on less (Sec. 313(a), 601, 603; 72 Stat. 752, 775, 776; to July 1, 1960. Accordingly, the effec­ than 30 days’ notice. 49 U .S.0.1354(a), 1421,1423) tive date of Civil Air Regulations Amend­ In consideration of the foregoing, the Issued in Washington, D.C., on De­ ment 45-2 likewise must be postponed to effective date of Part 47 of the Civil Air cember 7,1959. July 1, 1960. This action will continue Regulations (42 F.R. 91) as amended by J ames T . P y l e , the operations of small aircraft in air CAR Amdt. 47-1 (24 F.R. 5289) is hereby Acting Administrator. commerce under the presently effective postponed from December 31, 1959, to [F.R. Doc. 59-10652; Filed, Dec. 16, 1959; rules and regulations. July 1, 1960. 8:45 a.m.] Since this regulatory action imposes This amendment shall become effec­ no additional burden upon any person, tive on December 17, 1959. notice and public procedure hereon are (Sections 313(a), 601, 604, 72 Stat. 752, 775, unnecessary, and good cause exists for 778; 49 Ü8.C. 1354, 1421, 1424) Title 16— COMMERCIAL making the amendment effective on less than 30 days' notice. Issued in Washington, D.C., on PRACTICES . In consideration of the foregoing, the December 11, 1959. effective date of Civil Air Regulations E. R. Qtjesada, Chapter I— Federal Trade Commission Amendment 45-2 (24 P.R. 90) as Administrator. SUBCHAPTER A— POLICIES, PROCEDURE, AND amended by CAR Arndt. 45-3 (24 F.R. [F.R. Doc. 59-10654; Filed. Dec. 16, 1959; ORDERS 5289) is hereby postponed from Decem­ 8:45 a.m.] [Docket 7541 c.o.] ber 31, 1959, to' July 1, 1960. This amendment shall become effec­ PART 13— DIGEST OF CEASE AND tive on December 17, 1959. DESIST ORDERS (Sec. 313(a), 72 Stat. 752, 49 U.S.C. 1354(a), Chapter l!l— Federal Aviation Agency Charles Cappell et al. Section 601, 72 Stat. 775, 49 U.S.C. 1421) SUBCHAPTER C— AIRCRAFT REGULATIONS Subpart—Neglecting, unfairly or de­ Issued in Washington, D.C., on Decem­ ceptively, to make material disclosure: ber 11, 1959. [Reg. Docket No. 211; Amdt. 68] § 13.1875 Non-standard character of E. R. Qtjesada, product; § 13.1886 Quality, grade or type Administrator. PART 507— AIRWORTHINESS of product. DIRECTIVES [FJR. Doc. 59-10653; Piled, Dec. 16, 1959; (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret 8:45 a.m.] Vertol 44. Series Helicopters or apply sec. 5, 38 Stat. 719, as amended; 15 U.S.C. 45) (Cease and, desist order, Charles Service experience has established Cappell et al. trading as Cappell Trading that cracks are likely to occur in the rotor, Company, New York, N.Y., Docket 7541, Oct. 28,1959] [Reg. Docket No. 37; Amdt. 47-2] blades of Vertol 44 Series helicopters which render the blades unsafe for any In the Matter of Charles Cappell, Israel PART 47— AIR TAXI CERTIFICATION further use. Cappell, and Jacob Cappell, Individ­ AND OPERATION RULES AND It is necessary in the interests of safety ually and as Co-partners Trading as RULES GOVERNING OTHER SMALL to require that these blades be inspected Cappell Trading Company AIRCRAFT COMMERCIAL OPERA­ daily for cracks, to require replacement This proceeding was heard by a hear­ TIONS before the next flight when cracks are ing examiner on the complaint of the found, and to limit the service life of such Commission charging New York City Postponement of Effective Date of blades. Therefore, I find that a situation distributors of hosiery with selling with­ Part 47 exists requiring immediate action in the out clear disclosure that it was not first interest of safety, that notice and public quality, imperfect hosiery which they On June 24, 1959, Civil Air Regula­ procedure hereon are impracticable and tions Amendment 47-i was issued to purchased and repaired, if required, and would be contrary to the public interest, dyed and sold to retailers with no mark­ postpone the effective date of Part 47 and that good cause exists for making of the Civil Air Regulations from July ing to indicate its imperfect quality. this amendment effective immediately. After acceptance of an agreement for 1, 1959, to December 31, 1959. The rea­ Actual notice of this directive was ad­ son for the postponement was to permit a consent order, the hearing examiner dressed to all known operators of Vertol made his initial decision and order to the general revision of the part to in­ 44 Series helicopters by telegram dated clude coverage of Alaskan air taxi oper­ cease and desist which became on Oc­ October 14, 1959, except that the service tober 28 the decision of- the Commission. ators and other air carrier operations life of the forward rotor blades was lim­ with small aircraft. It was also pro­ The order to cease and desist is as ited to 1,350 hours rather than the 800 follows: posed to expand the part to include all hours provided in this amendment. Sub­ necessary manual material and informa­ sequent analysis by the manufacturer It is ordered, That respondents Charles tion to implement the part; thus has shown that such a reduction in serv­ Cappell, Israel Cappell, and Jacob Cap­ eliminating the need for separate PAA ice life is necessary to provide adequate pell, individually and as co-partners publications to provide this information. assurance against recurrence of blade trading as Cappell Trading Company, or The proposed revision has been com­ failure. under any other name, and respondents’ pleted and will be published as a notice In consideration of the foregoing, agents, representatives, and employees, of proposed rule making. The interval § 507.10(a), (14 CFR Part 507), is here­ directly or through any corporate or between now and December 31, 1959, is by amended by adding a new airworthi­ other device, in connection with the not sufficient to give industry an oppor­ ness directive to read as follows and to offering for sale, sale or distribution of tunity to comment, and to adopt and become effective on the date of publica­ imperfect hosiery, Or other imperfect implement the part. For these rea­ tion in the F ederal R egister: products, in commerce, as “commerce” sons, the effective date of the part will ia^efined in the Federal Trade Commis­ 59-25-2 Vertol. Applies to all Vertol 44 be postponed to July 1, 1960, to afford Series helicopters. sion Act, do forthwith cease and desist time for analysis of comments and for Using a 10-power magnifying glass conduct from: industry preparation to comply with the daily visual inspection of external surfaces 1. Selling or distributing any such new requirements. In the meantime, of rotor blades, P/N 42R 1002, between the prdduct without clearly and conspicu­ all operators of small aircraft will con­ root and Station 210 for cracks in skin or ously marking it with the words “imper­ tinue to conduct their operations in ac­ spar. If cracks are found blades must be fect,” “second quality”, or “irregular,” cordance with the small aircraft replaced prior to next flight. All forward or some other word or words of similar provisions of Part 42. rotor blades P/N 42R 1002-1, -5, -7, -9, -11, -13, -15, -19, -90, -130, -131, -132, -150 and import, in such manner that such mark­ Since this regulatory action imposes -152 must be retired at 800 hours of service ings cannot be readily obliterated. no additional burden upon any person, time and all aft rotor blades P/N 42R 1002-2, 2. Representing in any manner, di­ notice and public procedure hereon are —4, -6, -20, and -40 must be retired at 1,350 rectly or by implication, that any such unnecessary, and good cause exists for hours of service time. product is of first quality. Thursday, December 17, 1959 FEDERAL REGISTER 10193

By “Decision of the Commission,” etc., order to cease and desist which became (2) That the fur product contains or report of compliance was required as on November 4 the decision of the is composed of bleached, dyed, or other­ follows.: Commission. wise artificially colored fur, when such is the fact; It is ordered, That the respondents The order to cease and desist is as follows: (3) That the fur product is composed herein shall, within sixty (60) days after in whole or in substantial part of paws, service upon them of this order, file with It is ordered, That respondent A. & J. Engel, Inc., a corporation, and its officers tails, bellies, or waste fur, when such the Commission a report in writing set­ is the fact; ting forth in detail the manner and form and respondent’s representatives, agents, B. Sets forth the name or names of in which they have complied with the and employees, directly or through any any animal or animals in addition to the order to cease and desist. corporate or other device, in connection name or names specified in section 5(a) with the introduction into commerce, or Issued: October 28, 1959. the sale, advertising, or offering for sale (1) of the Fur Products Labeling Act; By the Commission. in commerce, or the transportation or C. . Represents, directly or by implica­ tion, that the former or regular price [seal] R obert M. P arrish, distribution in commerce, of fur prod­ of any fur product is any amount which Secretary. ucts, or in connection with the sale, is in excess of the price at which re­ [F.R. Doc. 59-10661; Filed, Dec, 16, 1959; advertising, offering for sale, transporta­ spondent has formerly, usually, or cus­ 8:45 ajn.] tion, or distribution of fur products tomarily sold such products in the recent which are made in whole or in part of regular course of its business; fur which has been shipped and received D. Represents, directly or by impli­ in commerce, as “commerce”, “fur”, and cation, that prices of fur products are [Docket 7524 c.o.] “fur product” are defined in the Fur reduced from previous higher prices Products Labeling Act, do forthwith PART 13— DIGEST OF CEASE AND without giving the time of such com­ cease and desist from: pared prices; DESIST ORDERS 1. Misbranding fur products by: 4. Making pricing claims or represen­ A. Failing to affix labels to fur prod­ A. & J. Engel, Inc. tations of the types referred to in para­ ucts showing in words and figures plainly graphs 3 C and D above, unless there Subpart—Advertising falsely or mis­ legible all of the information required to are maintained by respondent full and leadingly: § 13.30 Composition of goods: be disclosed by each of the subsections adequate records disclosing the facts Pur Products Labeling Act; § 13.155 of section 4(2) of the Fur Products upon which such claims or representa­ Prices; Exaggerated as regular and cus­ Labeling Act; tions’ are based; tomary; fictitious marking. Subpart— B. Failing to affix labels to fur products 5. Misrepresenting in any manner the Invoicing products falsely: § 13.1108 In ­ showing the item number or mark amount of savings available to purchas­ voicing products falsely: Pur Products assigned to a fur product; ers of respondent’s merchandise or the Labeling Act. Subpart—Misbranding or C. Falsely or deceptively labeling or amount by which said merchandise is mislabeling: § 13.1190 Composition: Pur otherwise identifying any such product reduced from the price at which it is Products Labeling Act; § 13.1212 Form al as to the name or names of the animal usually and customarily sold by respond­ regulatory and statutory requirements: or animals that produced the fur from ent in the regular course of its business. Pur Products Labeling Act. Subpart— Which such product was manufactured; Neglecting, unfairly or deceptively, to D. Setting forth on labels affixed to By “Decision of the Commission”, etc., make material disclosure: § 13.1845 Com­ fur products information required under report of compliance was required as position: Fur Products Labeling Act; section 4(2) of the Fur Products Label­ follows; § 13.1852 Formal regulatory and statu­ ing Act and the rules and regulations It is ordered, That respondent A. & J. tory requirements: Pur Products Label­ promulgated thereunder mingled with Engel, Inc., a corporation, shall, within ing Act; § 13.1865 Manufacture or prep­ non-required information; sixty (60) days after service upon it of aration: Pur Products Labeling ,Act; E. Failing to set forth all the infor­ this order, file with the Commission a re­ § 13.1886 Quality, grade or type of prod­ mation required under section 4(2) of port in writing, setting forth in detail uct. Subpart— Using misleading name— the Fur Products Labeling Act and the the manner and form in which it has Goods: § 13.2280 Composition: Pur Prod­ rules and regulations promulgated there­ complied with the order to cease and ucts Labeling Act. under on one.side of said labels; desist. 2. Falsely or deceptively invoicing fur (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret Issued: November 4,1959. or apply sec. 5, 38 Stat. 719, as amended; sec. products by: 8, 65 Stat. 179; 15 U.S.C. 45, 69f) [Cease and A. Failing to furnish to purchasers of By the Commission. desist order, A. & J. Engel, Inc., New York, fur products invoices showing all of the [seal] R obert M. P arrish, N.Y., Docket 7524, Nov. 4,1959] information required to be disclosed by Secretary. This proceeding was heard by a hear­ each of the subsections of section 5(b) (1) of the Fur Products Labeling Act; [F.R. Doc. 59-10662; Filed, Dec. 16, 1959; ing examiner on the complaint of the 8:45 a.m. ] Commission charging a New York City B. Failing to furnish purchasers of furrier with violating the Pur Products fur products invoices showing the item Labeling Act by labeling products de­ number or mark assigned to a fur ceptively with respect to animals pro­ product; [Docket 6670 O.] ducing furs; by failing to include C. Setting forth information required required information on labels and in­ under section 5(b) (1) of the Fur Prod­ PART 13— DIGEST OF CEASE AND voices; by advertising in newspapers ucts Labeling Act and the rules and reg­ DESIST ORDERS ulations promulgated thereunder in which failed to disclose the names of Erie Sand and Gravel Co. animals producing certain furs or that abbreviated form; fur products contained artificially col­ 3. Falsely or deceptively advertising Subpart—Acquiring stock, or assets, ored or cheap or waste fur, contained fur products through the use of any ad­ etc., of competitor: § 13.5 Acquiring names of animals in addition to those vertisement, representation, public an­ stock, or assets, etc., of competitor. producing the fur in fur products, repre­ nouncement, or notice which is intended (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Inter- sented prices as reduced from previous to aid, promote or assist, directly or in­ pets or applies sec. 7, 88 Stat. 731; 15 U.S.C. higher prices without giving time of directly, in the sale or offering for sale 18) [Cease and desist order, Erie Sand and of fur products, and which : Grav.el Company, Erie, Pa., Docket 6670, Oc­ such compared prices, and as reduced tober 26, 1959.] from regular prices which were in fact A. Fails to disclose : fictitious; and by failing to maintain (1) The name or names of the animal This proceeding was heard by a hear­ adequate records as a basis for such or animals producing the fur or furs con­ ing examiner on the complaint of the pricing claims. tained in the fur product, as set forth in Commission charging the second largest After acceptance bf an agreement con­ the Fur Products Name Guide, and as supplier with violating the anti-merger taining a consent order, the hearing ex­ prescribed under the rules and regula­ section of the Clayton Act by acquiring aminer made his initial decision ' and tions; the largest supplier of lake sand in the 10194 RULES AND REGULATIONS

southern shore area of Lake Erie extend­ [Docket 7504 c.o.J ing from Buffalo, N.Y., to Sandusky, product” are defined in the Fur Products PART 13— DIGEST OF CEASE AND Labeling Act, do forthwith cease and Ohio, and thus eliminating its largest desist from: competitor and concentrating in a single DESIST ORDERS supplier 92 percent of all lake sand sales 1. Misbranding fur products by: in the area. Lowenthal’s, Inc., et al. A. Failing to affix labels to fur products showing: Following trial of the issues, the hear­ Subpart—Advertising falsely or mis­ ing examiner made his initial decision leadingly: § 13.30 Composition of goods: (1) In words and figures plainly and order to cease and desist from which Fur Products Labeling Act. Subpart— legible all of the information required respondent’s counsel appealed. T h e Invoicing products falsely: § 13.1108 In ­ to be disclosed by each of the subsec­ Commission, having considered the mat­ voicing products falsely: Fur Products tions of section 4(2) of the Fur ter in full, handed down its opinion that Labeling Act. Subpart—Misbranding or Products Labeling Act; the order was fully justified, denied re­ mislabeling; § 13.1190 Composition: Fur (2) The item number or mark as­ spondent’s appeal, and on October 26 Products Labeling Act. Subpart—Neg­ signed to a fur product. adopted the findings, conclusioris, and lecting, unfairly or deceptively, to make B. Setting forth on labels affixed to order contained in the initial decision material disclosure: § 13.1845 Composi­ fur products: as those of the Commission. tion: Fur Products Labeling Act; (1) Information required under sec­ The divestiture order is as follows: § 13.1865 Manufacture or preparation: tion 4(2) of the Fur Products Labeling Fur Products Labeling Act; § 13.1886 Act and the rules and regulations It is ordered, That the Respondent, promulgated thereunder in abbreviated Erie Sand & Gravel Company, through Quality, grade or type of product. Sub­ form; ' , _ its subsidiaries, officers, directors, agents, part—Using misleading name—Goods: § 13.2280 Composition: Fur Products (2) Information required under sec­ representatives and employees,-shall di­ Labeling Act. tion 4(2) of the Fur Products Labeling vest itself absolutely, in good faith, of Act and the rules and regulations all assets, properties, rights, leases and (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interoret or apply sec. 5, 38 Stat. 719, as amepded; sec. promulgated thereunder, mingled with privileges acquired in the acquisition by 8, 65 Stat. 179; 15 U.S.C. 45, 69f) [Cease and nonrequired information; the Erie Sand & Gravel Company of the desist order, Lowenthal’s, Inc., et al., Cin­ (3) Information required under sec­ assets of the Sandusky Division of the cinnati, Ohio, Docket 7504, October 29, 1959] tion 4(2) of the Fur Products Labeling Kelley Island Company, as may be neces­ In the Matter of Lowenthal’s Inc., a Act and the rules and-, regulations sary to establish, as a competitive entity promulgated thereunder in handwriting. in the lake sand market of Lake Erie, Corporation, and William Lowenthal, Jack Jacobs, and Herschel Lowenthal, C. Failing to set '^forth the term a unit comparable to the former San­ “Persian Lamb” in the manner required. dusky Division of the Kelley Island Individually and as Officers of Said Corporation X>. Failing to set forth the term “Dyed Company, in substantially the same basic Mouton-processed Lamb” in the manner operating form and with substantially This proceeding was heard by a required. the same productive capacity as pos­ hearing examiner on the complaint of E. Failing to set forth the informa­ sessed by the said former Sandusky the Commission charging a Cincinnati tion required under section 4(2). of the Division of the Kelley Island Company furrier with violating the Fur Products Fur Products Labeling, Act and the rules at or about the time of the said ac­ Labeling Act by failing to set forth such and regulations promulgated thereunder quisition; except that Respondent, Erie terms as “Persian Lamb” and “Dyed in the required sequence. Sand & Gravel Company, shall not be Mouton-processed Lamb” on labels, in­ F. Failing to set forth separately on required to divest itself of the equivalent voices, and in advertising; by advertis­ labels attached to fur products com­ of the vessel “Kelley Island”. ing which failed to disclose the names of posed of two or more sections containing It is further ordered, That in such di­ animals producing certain furs or that different animal furs the information vestiture none of the property rights, fur products contained artificially col­ required under section 4(2) of the Fur leases and privileges involved shall be ored or cheap or waste fur, or contained Products Labeling Act and the rules and sold or transferred, directly or indirectly, names of animals other than those pro­ regulations promulgated thereunder to anyone who, at the time of such di­ ducing the fur in fur products; and by with respect to the fur comprising each vestiture, shall be a stockholder, officer, failing in other respects to comply with section. director, employee, or agent of Respond­ requirements of the Act. 2. Falsely or deceptively invoicing fur ent or any of the Respondent’s subsidi­ After acceptance of an agreement con­ products by: aries or affiliated companies, or other* taining consent order, the hearing ex­ A. Failing to furnish to purchasers of wise directly or indirectly connected with aminer made his initial decision and fur products an invoice showing: or under the control or influence thereof. .Order to cease and desist which became (1) All of the information required to on October 29 the decision of the be disclosed by each of the sub-sections By “Final Order”, report of compliance Commission. was required as follows: of section 5(b)(1) of the Fur Products The order to cease and desist is as Labeling Act; It is further ordered, That respondent, follows: (2) The item number or mark as­ Erie Sand and Gravel Company, shall, It is ordered, That Ldwenthal’s, Inc., signed to a fur product. within sixty (60) days from the date of a corporation, and its officers, and Jack B. Setting forth information required service upon it of this order, submit in Jacobs and Herschel Lowenthal, indi­ under section 5(b) (1) of the Fur Prod­ writing, for the consideration and ap­ vidually and as officers of said corpora­ ucts Labeling Act and the rules and reg­ proval of the Federal Trade Commission, tion, and William Lowenthal, as an ulations promulgated thereunder in ab­ its plan for compliance with this order, officer of said corporation, and respond­ breviated form. including the date within which com­ ents’ representatives, agents and em­ C. Failing to set forth the term “Per­ pliance can be effected, the time for ployees, directly or through any sian Lamb” in the manner required. compliance to be hereafter fixed by order corporate or other device, in connection D. Failing to set forth the term “Dyed of the Commission, jurisdiction being with the introduction into commerce, or Mouton-processed Lamb” in the manner retained for these purposes. the sale, advertising, or offering for sale, required. Issued: October 26, 1959. in commerce, or the transportation or E. Failing to set forth the term “Dyed distribution in commerce of fur products, Broadtail-processed Lamb” in the man­ By the Commission. or in connection with the sale, advertis­ ner required. R obert M. P arrish, ing, offering for sale, transportation, or 3. Falsely or deceptively advertising Secretary. distribution of fur products which are fur products through the use of any ad­ made in whole or in part of fur which vertisement, representation, public an­ fP.R. Doc. 59-10663; Piled, Dec. 16, 1959; has been shipped and received in com­ 8:45 a.m.] nouncement, or notice which is intended merce, as “commerce”, “fur” and “fur to aid, promote^ or assist, directly or in- Thursday, December 17, 1959 FEDERAL REGISTER 10195 directly, in the sale, or offering for sale montais falsely or misleadingly: § 13.330 form thereunder are clearly and con­ of fur products, and which: Claiming or using indorsements or testi­ spicuously disclosed; A. Fails to disclose: monials falsely or misleadingly: Sub- (c) That any merchandise sold or of­ (1) The name or names of the animal part—Furnishing means and instrû- fered for sale is covered by a bond or or animals producing the fur or furs con­ mentalities of /misrepresentation or any kind of service insurance policy; tained in the fur product, as set forth in deception: § 13.1055 'Furnishing means (d) That any product has been tested the Fur Products Name Guide, and as and instrumentalities of misrepresenta­ or approved by Federal Testing Co., Inc.; prescribed under the rules and regula­ tion or deception. Subpart—Afzsrepre- or has been tested or approved by any tions; senting oneself and goods-*-Prices: other organizations, when such is not the (2) That the fur product contains or § 13.1810 Fictitious markingf fact; is composed of bleached, dyed or other­ (Sec. 6, 38 Stat. 721; 15 Ü.S.C. 46. Interpret (e) That any product has been ad­ wise artificially colored fur, when such or apply sec. 5, 38 Stat. 719, as amended; 15 vertised in Life, McCall’s Needlework & is the fact; U.S.C. 45) [Cease and desist order, Royal Crafts, or has been advertised in any (3) That the fur product is composed Sewing Machiné Corporation et al., Brook­ other publication, when such is not the in whole or in substantial part of paws, lyn, N.Y., Docket 7407, Oct. 29, 1959] fact. tails, bellies, or waste fur, when such is In the Matter of Royal Sewing Machine 2. Placing in the hands of others, the fact.; Corporation, a Corporation, and Jack means or instrumentalities which may be B. Sets forth the name or names of Schneider, Norman Epstein, and Jacob used to misrepresent the regular and any animal or animals other than the Epstein, Individually and as Officers of usual retail prices of merchandise. name or names specified in section 5(a) Said Corporation, and Trading and By “Decision of the Commission”, etc., (1) of the Fur Products Labeling Act. Doing Business as Edison Sewing Ma­ report of compliance was required as C. Fails to set forth the term “Per­ chine Company follows: sian Lamb” in the manner required. D. Fails to set forth the term “Dyed This proceeding was heard by a hear­ It is ordered, That the respondents Mouton-processed Lamb” in the manner ing examiner on the complaint of the herein shall within sixty (60) days after required. Commission charging Brooklyn, N.Y., service upon them of this order, file with E. Sets forth the term “blended” as distributors with representing falsely in the Commission a report in writing part of the information required under advertising and instruction booklets that setting forth in detail the manner and section 5(a) of the Fur Products Label­ their vacuum cleaner and sewing ma­ form in which they have complied with ing Act and the rules and regulations chines sold a t fictitiouly high retail thé order to cease and desist. promulgated thereunder to describe the prices; that their sewing machines were Issued: October 29, 1959. pointing, bleaching, dyeing or tip-dyeing advertised in “Life”, “McCall’s Needle­ of furs. work & Crafts”, and other national mag­ By the Commission. F. Fails to set forth the information azines, and had been “Tested and [ seal] R obert M. P arrish, required under section 5(a) of the Fur Approved by Laboratories of Federal Secretary. Testing Co., Inc., New York”; and that Products Labeling Act and the rules and [F.R. Doc. 59-10665; Filed, Dec. 16, 1959; regulations promulgated thereunder in their products were guaranteed in every 8:46 a.m.] type of equal size and conspicuousness respect and covered by a bond or service and in close proximity with each other. insurance policy, by use of such words It is further ordered, That the com­ and expressions as “Lifetime Service Guarantee”, “25 Year Guarantee Bond”, plaint be, and it hereby is, dismissed as SUBCHAPTER B— TRADE PRACTICE CONFERENCE to William Lowenthal, individually, but etc. RULES After acceptance of an agreement pro­ not as officer of said corporate respond­ [File No. 21-526] ent. viding for entry of a consent order, the By “Decision of the Commission”, etc., hearing examiner made his initial de­ PART 48— TIRE AND TUBE REPAIR cision and order to cease and desist which MATERIAL INDUSTRY report of compliance was required as became on October 29 the decision of follows: the Commission. ' Promulgation of Trade Practice Rules It is ordered, That the above-named The order to cease and desist is as respondents except respondent William follows: Due proceedings having been held Lowenthal, individually, shall, within under the trade practice conference pro­ sixty (60) days after service upon them It is ordered, That respondent Royal cedure in pursuance of the Act of Con­ of this order, file with the Commission Sewing Machine Corporation, a corpo­ gress approved September 26, 1914, as a report in writing, setting forth in de­ ration, and its officers, and respondents amended (Federal Trade Commission tail the manner and form in which they Jack Schneider, Norman Epstein and Act), and other provisions of law ad­ have complied with the order to cease Jacob Epstein, individually and as offi­ ministered by the Commission: and desist. cers of said corporation, and trading and It is now ordered, That the trade doing business as Edison Sewing Ma­ practice rules as hereinafter set forth, Issued: October 29, 1959. chine Company* or trading and doing which have been approved by the Com­ By the Commission. business under any other name or names, mission in this proceeding, be promul­ and respondents’ representatives, agents gated as of December 17,1959. [seal] R obert M. P arrish, and employees, directly or through any Secretary. „ Statement by the Commission. Trade corporate or other device, in connection practice rules for the Tire and Tube Re­ [F.R. Doc. 59-10664; Filed, Dec. 16, 1959; with the offering for sale, sale or distri­ pair’ Material Industry, as hereinafter 8:45 a.m.] bution of vacuum cleaners, sewing ma­ set forth, are promulgated by the Federal chines or any other merchandise in Trade Commission under the trade prac­ commerce, as “commerce” is defined in tice conference procedure. the Federal Trade Commission Act, do [Docket 7407 c.o.] The industry for which these rules are forthwith cease and desist from : . established is composed of persons, PART 13— DIGEST OF CEASE AND Ï. Representing, directly or by impli­ firms, corporations and. organizations DESIST ORDERS cation: engaged in the manufacturé and sale, or (a) That any price is. the usual and importation and sale, of tire or tube Royal Sewing Machine Corp. et al. regular retail price of merchandise when patches, plugs, boots, rubber or metal Subpart—Advertising falsely or mis­ it is in excess of the price at which said replacement or repair valves, valve leadingly: §13.70 Fictitious or mislead­ merchandise is usually and regularly cores, valve caps, patch kits, cement, ing guarantees: § 13.110 Indorsements, sold at retail in the normal course of clamps, friction tape, cold patches, vul­ approval, and testimonials; § 13.155 business; canizing patches, tire chemical cleaners, Prices: Exaggerated as regular and (b) That any merchandise sold or of­ solvents, or similar materials and tools customary; fictitious marking; § 13.265 fered for sale is guaranteed, unless the used in the repair or maintenance of Tests and investigations. Subpart— nature and extent of the guarantee and tires and tubes. Tread rubber, tire Claiming or using indorsements or testi- manner in which the guarantor will per- liners, tire gauges, tire paint, and equip- 10196 RULES AND REGULATIONS

ment used in removing tires from wheels Sec. obstructing the performance of any such or remounting thereon, are not products 48.11 Coercing purchase of one product as a of such industry. prerequisite to the purchase of contractual duties or services, under ahy circumstance having the capacity and Proceedings for the establishment of other products. 48.12 Deception by means of “bogus inde­ tendency or effect of substantially injur­ these rules were instituted pursuant to pendents.” ing or lessening present or potential an industry application. A general in­ 48.13 Prohibited discrimination. competition, is an unfair trade practice. dustry conference was held under Com­ 48.14 Push money. (b) Nothing in this section is intended mission auspices in Washington, D.C., on 58.15 Deceptive representations as to to imply that it is improper for any in­ January 20, 1959, at which proposals for earnings, etc. dustry menlber to solicit the business of rules were submitted for consideration 48.16 Substitution of products. 48.17 Enticing away employees of competi­ a customer of a competing industry of the Commission. Thereafter, pro­ member; nor is the section to be con­ posed rules were published by the Com­ tors. 48.18 Aiding or abetting vise of unfair trade strued as in anywise authorizing any mission and made available to all practices. agreement, understanding, or planned industry members and other interested or Auth o rity: §§ 48.0 to 48.18 issued under common course of action by two or more affected parties upon public notice industry members not to solicit business whereby they were afforded opportunity sec. 6, 38 Stat. 721; 15 U.S.C. 46.' Interpret or apply sec. 5, 38 Stat. 719, as amended; 15 from the customers of either of them, or to present their views, including such U.S.C. 45. from customers of any other industry pertinent information, suggestions or member. [Rule 31 amendments as they desired to offer, and § 48.0 The industry and its products de­ to be heard in the premises. Pursuant fined. § 48.4 Commercial bribery. to such notice a public hearing was held (a) Products of the industry include It is an unfair trade practice for a in Washington, D.C. on September 23, tire and tube patches, plugs, boots, rub­ member of the industry, directly or in­ 1959, and all matters there presented, or ber or metal replacement or repair directly, to give, or offer to give, or per­ otherwise received in the proceeeding, valves, valve cores, valve caps, patch kits, mit or cause to be given, money or any­ were considered by the Commission. cement, clamps, friction tape, cold thing of value to agents, salesclerks, Thereafter, and upon full considera­ patches, vulcanizing, patches, tire chem­ employees, or representatives of cus­ tion of the entire matter, final action ical cleaners, solvents, and similar mate­ tomers or prospective customers of an was taken by the Commission whereby rials and tools used in the repair or industry member, without the knowledge it approved the rules as hereinafter set maintenance of tires and tubes. Tread of the employers or principals of such forth. rubber, tire liners, tire gauges, tire paint, agents, salesclerks, employees, or repre­ The rules, as approved, become opera­ and equipment used in removing tires sentatives,-as an inducement: tive thirty (30) days after the date of from wheels or remounting thereon, are (a) To influence such employers or promulgation. not included. principals to purchase or contract to The Rules: These rules promulgated (b) Members of the industry are per­ purchase products manufactured or sold by the Commission are designed to foster sons, firms, corporations, and organiza­ by the industry member; or and promote the maintenance of fair tions engaged in the manufacture and (b) To influence such employers or competitive conditions in the interest of sale, or importation and sale, of any principals to refrain from dealing in the protecting industry, trade, and the pub­ such products. products of competitors or from dealing lic. It is to this end, and to the exclu­ or contracting to deal with competitors; sion of any act or practice which fixes or G r o u p I or controls prices through combination or § 48.1 Misrepresentation and deception (c) For the purpose of causing said agreement, or which unreasonably re­ in general. agents, salesclerks, employees, or repre­ strains trade or suppresses competition, It is an unfair trade practice to use, or sentatives to push and promote the re­ or otherwise unlawfully injures, destroys, cause or promote the use of, any state­ sale of the industry member’s products or prevents competition, that the rules over competing products being offered are to be applied. ment, representation, guarantee, or war­ ranty by way of advertising (through for resale by the employers or principals Group I: The unfair trade practices newspapers, magazines, .circulars, book­ of said agents, salesclerks, employees, or embraced in the rules herein are consid­ lets, or any other medium), labeling of representatives. (See also § 48.14.) ered to be unfair methods of competition, containers, descriptions in catalogs, oral [Rule 41 unfair or deceptive acts or practices, or representations, or otherwise, which has § 48.5 Defamation of competitors or other illegal practices, prohibited under the capacity and tendency or effect of false disparagement of their prod­ laws administered by the Federal Trade misleading or deceiving purchasers, ucts. Commission, and appropriate proceed­ prospective purchasers, or the consum­ The defamation of competitors by ings in the public interest will be taken ing public with respect to the grade, falsely imputing to them dishonorable by the Commission to prevent the use, quality, quantity, substance, character, conduct, inability to perform contracts, by any person, partnership, corporation, origin, type, size, preparation, manufac­ questionable credit standing, or by other or other organization subject to its ture, or distribution of any product of false representations, or the false dis­ the industry, or of the character, per­ jurisdiction, of such unlawful practices paragement of the quality, grade, origin, manence, or effectiveness of the repairs use, construction, design, manufacture, in commerce. that can be made therewith. [Rule 1] Sec. or distribution of the products of com­ 48.0 The industry and its products defined. § 48.2 Imitation or simulation of trade­ petitors, or of their business methods, marks, trade names, etc. selling prices, values, credit terms, G roup I policies, or services, is an unfair trade 48.1 Misrepresentation and deception in The imitation or simulation of the practice. [Rule 51 general. trade-marks, trade names, brands, or 48.2 Imitation or simulation of trade­ labels of competitors, with the capacity § 48.6 False invoicing. marks, trade names, etc. and tendency or effect of misleading or Withholding from or inserting in in­ 48.3 Inducing breach of contract. deceiving purchasers, prospective pur- voices or sales slips any statements or 48.4 Commercial bribery. chasers, or the consuming public, is an information by reason of which omission 48.5 Defamation of competitors or false unfair trade practice. [Rule 2] disparagement of their products. or insertion a false record is made, 48.6 False invoicing. § 48.3 Inducing breach of contract. wholly or in part, of the transactions 48.7 Prohibited forms of trade restraints represented on the face of such invoices (unlawful price fixing, etc.) (a) Knowingly inducing or attemptingor sales slips, with the capacity and 48.8 False and misleading price quotations, to induce the breach of existing lawful tendency or effect of thereby misleading etc. contracts between competitors and their or deceiving purchasers, prospective 48.9 Prohibited sales below cost. customers or between competitors and purchasers, or the consuming public, is 48.10 Exclusive deals. their suppliers, or interfering with or an unfair trade'practice. [Rule 6] Thursday, December 17, 1959 FEDERAL REGISTER 10197

§ 48.7 Prohibited forms of trade re­ e~ect will be, to substantially injure, products is independent of, or in com­ straints (unlawful price fixing, etc.) 1 suppress, or stifle competition or to petition with, said member, when such is not the fact; or It is an unfair trade practice for any create a monopoly. Among the situa­ tions in which the requisite purpose or (b) To fail to disclose that any seller member of the industry, either directly of industry products is not independent or indirectly, to engage in any planned intent would ordinarily be lacking are cases in which such cales were; (1) Of of, or not in competition with, said common course of action, or to enter member, under circumstances where the into or take part in any understanding, obsolescent goods; (2) made under judi­ cial process; or (3) made in bona fide failure to make such disclosure has the agreement, combination, or conspiracy, capacity and tendency or effect of mis­ with one or more members of the indus­ discontinuance of business in the goods concerned. leading or deceiving purchasers or pros­ try, or with any other person or persons, pective purchasers. [Rule 12] to fix or maintain the price of any goods (c) As used In the foregoing para­ or otherwise unlawfully to restrain graphs of this section, the term “cost” § 48.18 Prohibited discrimination.* means the respective seller’s cost and not trade; or to use any form of threat, an average cost in thé industry whether (a) Prohibited discriminatory prices, intimidation, or coercion to induce any rebates, refunds, discounts, etc., which member of the industry or other person such average cost be determined by an industry cost survey or some other effect unlawful price discrimination. It or persons to engage in any such planned is an unfair trade practice for any mem­ common course of action, or to become method. It consists of the total outlay or expenditure by the seller in the ber of the industry engaged in commerce, a party to any such understanding, acquisition, production, and distribution in the course of such commerce, to grant agreement, combination, or conspiracy. of the products involved, and comprises or allow, secretly or openly, directly or [Rule 71 all elements of cost such as labor, ma­ indirectly, any rebate, refund, discount, § 48.8 False and misleading price quota­ terial, depreciation, taxes (except taxes credit, or other form of price differential, tions, etc. on net income and such other taxes as where such rebate, refund, discount, credit, or other form of price differen­ It is an* unfair trade practice for any are not properly applicable to cost), and general overhead expenses incurred by tial, effects a discrimination in price industry member, in the course of or in between different purchasers of goods connection with the offering for sale, the seller in the acquisition, manufac­ ture, processing, preparation for market­ of like grade and quality, where either sale, or distribution of industry prod­ or any of the purchases involved therein ucts, to publish or circulate to or among ing, sale, and delivery of the products. Not to be included are dividends or in­ are in commerce, and where the effect purchasers or prospective purchasers thereof may be substantially to lessen false price quotations, price lists, or terms terest on borrowed or invested capital or nonoperating losses, such as fire losses competition or tend to create a iponopoly or conditions of sale; or to publish, or in any line of commerce, or to injure, circulate among purchasers or prospec­ and losses from the sale or exchange of capital assets. Operating cost should destroy, or prevent competition with any tive purchasers, any price quotations, persoh who either grants or knowingly price lists, or terms or conditions of sale not be reduced by items of nonoperating income such as income from investments, receives the benefit of such discrimina­ which have the capacity and tendency or tion, or with customers of either of effect of thereby misleading or deceiving and gain on the sale of capital assets. Cd) Nothing in this section shall be them: Provided however : purchasers or prospective purchasers in (1) That the goods involved in any any material respect. [Rule 81 construed as relieving an industry member from compliance with an„ of the such transaction are sold for use, con­ § 48.9 Prohibited sales below cost. requirements of the Robinson-Patman sumption, or resale within., any place (a) The practice of selling products Act. [Rule 91 under the jurisdiction of the United States, and are not. purchased by schools, of the industry at a price less than the § 48.10 Exclusive deals. cost thereof to the seller, with the pur­ colleges, universities, public libraries, churches, hospitals, and charitable in­ pose or intent, and where the effect is, It is an unfair trade practice for any or where there is a reasonable proba­ member of the industry engaged in com­ stitutions not operated for profit, as sup­ plies for their own use; bility that the effect will be, to sub­ merce, In the course of such commerce, stantially injure, suppress, or stifle to lease or make a sale or contract for (2) That nothing contained in this competition or tend to create a sale, of any industry product, for use, paragraph shall prevent differentials monopoly, is an unfair trade practice. consumption, or resale within any place which make only due allowance for dif­ (b) This section is not to be construed under the jurisdiction of the United ferences in the cost of manufacture, sale, as prohibiting all sales below cost, but States, or fix a price charged therefor, or delivery resulting from the differing only'such selling below the seller’s cost or discount from, or rebate upon, such methods or quantities in which such as is rbsorted to and pursued with the . price, on the condition, agreement, or commodities are to such purchasers sold wrongful intent or purpose referred to understanding that the lessee or pur- or delivered; and where the effect is, or where there chasèr thereof shall not use or deal in the goods Of a competitor or competitors No te: Cost justification under the above : is a reasonable probability that the proviso depends upon net savings in cost of the lessor or seller, where the effect based on all facts relevant to the transac­ 1 The inhibitions of this section are sub­ of such lease, sale, or contract for sale,, tions under the terms, of subparagraph (2) ject to Public Law 542, approved July 14, or such condition, agreement, or under­ of this paragraph . For example, if a seller 1952, 66 Stat. 632 (the McGuire Act) which standing, ma/ be to substantially lessen regularly grants a discount based upon the provides that with respect to a commodity competition or tend to create a monopoly purchase of a specified quantity by a single which bears, or the label or container of in any line of commerce. [Rule 101 order for a single delivery, and this discount which bears, the trade-mark, brand, or name is justified by cost differences, it does not of the producer or distributor of such com­ § 48.11 Coercing purchase of one prod­ follow that the same discount can be cost modity and which is in free and open com­ uct as a prerequisite to the purchase justified if granted to a purchaser of the petition with, commodities of the same of other products. same quantity by multiple orders or for multiple deliveries. general class produced or distributed by The practice of coercing the purchase others, a seller of such a commodity may enter into a contract or agreement with a of one or more products as a prerequisite 2 As used injthis section, the word "com­ buyer thereof which establishes a minimum to the purchase of one or more other merce” means * "trade or commerce among or stipulated price at which such commodity products, where the effect may be to sub­ the several States and with foreign nations, may be resold by such buyer when such con­ stantially lessen competition or tend to or between the District of Columbia or any tract or agreement is lawful as applied to create a monopoly or to unreasonably Territory-of the United States and any State, intrastate transactions under the laws of restrain trade, is an unfair trade prac­ Territory, or foreign nation, or between any the State, Territory, or territorial jurisdic­ tice. [Rule 111 insular possessions ' or 'other places under tion in which the resale is to be made or to the jurisdiction of the United States, or be­ which the commodity is to be transported § 48.12 Deception by means of “bogus tween any such possession or place and any for such resale, and when such contract or independents.” State or Territory of the United States or agreement is not between manufacturers, or the District of Columbia or any foreign na­ between wholesalers, or between brokers, or It is an unfair trade practice for any tion, or within the District of Columbia or between factors, or between retailers, dr be­ member of the industry: any Territory or any insular possession or tween persons, firms, or corporations in (a) To represent, directly or by impli­other place under the jurisdiction of the competition with each other. cation, that a certain seller of industry United States.” No. 245------2 10198 RULES AND REGULATIONS

(3) That nothing contained in this age of the total of the customer’s purchases customers at a lower price than he charges section shall prevent persons engaged in during such period and fails to grant a dis­ other customers therefor, basing his justifi­ selling goods, wares, or merchandise in count of the same percentage to other cus­ cation for the price difference solely on the commerce from selecting their own cus­ tomers on their purchases during such fact that the products sold at the lower price tomers in bona fide transactions and not period.8 bear the private brand ñame of customers.3 in restraint of trade; Exam ple No. 2. An industry member sells Example No. 11. An industry member uses goods to one or more of his customers at a graduated percentage rate of discounts or (4) That nothing contained in this a higher price than he charges other cus­ rebates to customers based upon their pur­ paragraph shall prevent price changes tomers for like merchandise. It is immate­ chases during a given period. By reason of from time to time where made in re­ rial whether or not such discrimination is differing volumes of purchases customers sponse to changing conditions affecting accomplished by misrepresentation as to the competing in the resale of his products re­ the market for or the marketability of grade and quality of the products sold.8 ceive unequal rates of discount.3 the goods concerned, such as but not lim­ Exam ple No. 3. A certain percentage dis­ count for payment within a specified^ time (c) Prohibited brokerage and commis­ ited to obsolescence of seasonal goods, is granted by an industry member to some sions. It is an unfair trade practice for distress sales under court process, or customers on goods purchased by them from any member of the industry engaged in sales in good faith in discontinuance of the industry member. Another customer or commerce, in the course of such com­ business in the goods concerned; customers are, nevertheless, allowed to take merce, to pay or grant, or to receive or (5) That nothing contained in this an additional or larger discount when mak­ accept, anything of value as a commis­ section shall prevent the meeting in good ing payment to the industry member within the time prescribed.8 sion, brokerage, or other compensation, faith of an equally low price of a or any allowance or discount in lieu competitor. Exam ple No. 4. An industry member sells goods to one or more of his customers at a thereof, except for services rendered in Note: Subsection (b) of section 2 of the lower price than he charges other customers connection with the sale or purchase of Clayton Act, as amended, reads as follows: therefor, basing his justification for the price goods, wares, or merchandise, either to “Upon proof being made, at any hearing on difference on the fact that the favored cus­ the other party to such transaction or to a complaint under this section, that there tomer or customers warehoused the goods has been discrimination in price or services they purchased from the member.8 an agent, representative, or other inter­ or facilities furnished, the burden of rebut­ Exam ple No. 5. An industry member makes mediary therein where such intermedi­ ting the prima facie case thus made by a sale of industry products to an outlet which ary is acting in fact for or in behalf, or showing justification shall be upon the per­ is one of two or more outlets jointly owned is subject to the direct or indirect con­ son charged with a violation of this section, and/or operated at a price less than the trol, of any party to such transaction and unless justification shall be affirmatively member charges for a like sale to another other than the person by whom such shown, the Commission is authorized to customer; or gives a rebate on the first men­ compensation is so granted or paid. issue an order terminating the discrimina­ tioned sale to the parent organization owning tion: Provided, however, That nothing herein (d) Prohibited advertising or promo­ and/or operating the outlet receiving the tional allowances, etc. It is an unfair contained shall prevent a seller rebutting products so purchased and does, not give the prima facie case thus made by showing such a rebate to the other customer.8 trade practice for any member of the that his lower . price or the furnishing of Example No. 6. An industry member industry engaged in commerce to pay services or facilities to any purchaser or pur­ makes a sal^e of industry products to a cus­ or contract for the payment of advertis­ chasers was made in good faith to meet an tomer which Is affiliated with a buying ing or promotional allowances or any equally low price of a competitor, or the serv­ group at a price less than “the member other thing of value to or for the benefit ices or facilities furnished by a competitor. charges for a like sale to another customer of a customer of such member in the which is not affiliated with a buying group; course of such commerce as compensa­ (b) Examples of prohibited price dif­or gives a rebate on the first mentioned sale ferential practices. The following are to the buying group organization but does tion or in consideration for any services examples of price differential practices not give such a rebate to the other or facilities furnished by or through such to be considered as subject to the pro­ customer.8 customer in connection with the pro­ hibitions of paragraph (a) of this sec­ Exam ple No. 7. An industry member sells cessing, handling, sale, or offering for tion when involving goods o f like grade to a customer, which operates as both a sale of any products or commodities and quality which are sold for use, con­ warehouse distributor and a jobber, industry manufactured, sold, or offered for sale sumption, or resale within any place products which the customer resells in its by such member, unless such payment or capacity as a jobber, and the member consideration is available on proportion­ under the jurisdiction of the United charges such customer a lower price therefor States, and which are not purchased by than he charges other jobbers for like prod­ ally equal terms to all other customers schools, colleges, universities, public li­ ucts. (No inference is to be drawn from this competing in the distribution of such braries, churches, hospitals, and chari­ example that the requirements of paragraph products or commodities. table institutions not operated for profit, (a) of this section are not applicable with (e) Prohibited discriminatory services as supplies for their own use, and when: respect to sales at a lower price to one pur­ or facilities. It is-an unfair trade prac- - (1) The commerce requirements spec­ chaser than to another purchaser because tice for any member of the industry en­ sucbTpurchasers are in different distributive gaged in commerce to discriminate * in ified in paragraph (a) of this section levels, e.g., warehouse distributors, jobber, are present; and retailer, etc.)8 favor of one purchaser against another (2) The price differential has a rea­ Exam ple No. 8. An industry member in­ purchaser or purchasers of a commodity sonable probability of substantially, les­ voices industry products to all his customers bought' for resale, with , or without sening competition or tending to create at the same price but supplies additional processing, by contracting to furnish or a monopoly in any line of commerce, or quantities of such products at no extra charge furnishing, or by contributing to the of injuring, destroying, or preventing to one or more, but not all, such customers; furnishing of, any services or facilities or supplies other goods or premiums to one including, but not limited to, displays, competition with the industry member or more, but not all, such customers for or with the customer receiving the bene­ which he makes no extra charge and which exhibits, and promotional material con­ fit of the price differential, or with cus­ effects an actual price difference in favor of nected with the processing, handling, tomers of either of them; and certain of his customers.8 sale, or offering for sale of such commod­ (3) The price differential is not justi­ Example No. 9. An industry member sells ity so purchased upon terms not accord­ fied by cost savings (see paragraph (a) industry products to one or more of his ed to all competing purchasers on pro­ (2) of this section); and customers at a lower price than he charges other customers therefor, basing his justifi­ portionally equal terms. (4) The price differential is not made cation for the price differences solely on the No te: See subsection (b) of section 2 of in response to changing conditions af­ fact that the favored customer or customers the Clayton Act, as amended, which is set fecting the market for or the marketa­ redistribute such products to branches or forth in the note concluding paragraph (a) outlets which such customers own or df this section. bility of the goods concerned (see para­ operate.3 graph (a) (4) of this section); and Exam ple No. 10. An industry member sells (f) Inducing or receiving an illegal (5) The lower price was not made to industry products to one or more of his discrimination in price. It is an unfair meet in good faith an equally low price trade practice for any member of the of a .competitor (see paragraph (a)(5) 3 This is to be considered as an example of industry engaged in commerce, in the of this section): a practice which is violative of paragraph (a) of this^,section only when the conditions course of such coinmerce, knowingly to Exam ple No. 1. At the end of a given specified in that part of paragraph (b) of induce or receive a discrimination in period an industry member grants a discount this section which precede Example No. I price which is prohibited by the forego­ to a customer equivalent to a fixed percent­ are present. ing provisions of this section. [Rule 13] Thursday, December 17, 1959 FEDERAL REGISTER 10199 § 345.1 Statutory provisions. § 48.14 Push money. (b) Falsely representing the reason for making a substitution. [Rule 161 Every employer shall pay a contribution, It is an unfair trade practice for any with respect to having employees in his serv­ industry member to pay or contract to § 48.17 Enticing away employees of com­ petitors. ice, equal to the percentage determined as pay anything of value to a salesperson set forth below or so much of the compensa­ employed by a customer of the industry It is an unfair trade practice for any tion as is not. in excess of $300 for any calen­ member, as cómpensation for, or as an member of the industry wilfully to en­ dar month paid by him to any employee for inducement to obtain, special or greater tice away employees or sales-contact services rendered to him after June 30, 1939, effort or service on the part of the sales­ personnel of competitors with the intent and before July 1, 1954, and is not in èxcess person in promoting the resale of prod­ and effect of thereby unduly hampering of $350 for any calendar month paid by him ucts supplied by the industry member to to any employee for services rendered to him or injuring competitors in their business after June 30, 1954, and before the calendar the customer : and destroying or substantially lessen­ month next following the month in which (a) When the agreement or under­ ing competition: Provided, That, noth­ this Act was amended in 1959, and is not standing under which the payment or ing in this section shall be construed as in excess of $400 for any calendar month paid payments are made or are to be made prohibiting such persons from seeking by him to any employee for services rendered is without the knowledge and consent of more favorable employment, or as pro­ to him after the month in which this Act the salesperson’s employer ; or hibiting employers from hiring or offer­ was so amended: Provided, however, That if (b) When the terms and conditions ing employment to employees of a com­ compensation is paid to an employee by more of the agreement or understanding are than one employer with respect to any such petitor in good faith and not for the calendar month, the contributions required such that any benefit to the salesperson purpose of inflicting injury on such com­ by this subsection shall apply to not more or customer is dependent on lottery or petitor. [Rule 171 than $300 for any month before July 1, 1954, chance; or § 48.18 Aiding or abetting use of unfair and to not more than $350 for any month (c) When any provision of the agree­ after June 30, 1954, and before the calendar ment or understanding requires or con­ trade practices. month next following the, month in which templates practices or a course of con­ It is an unfair trade practice for any this Act was, amended in 1959, and to not duct unduly and intentionally hamper­ person, firm or corporation to aid, abet, more than $400 for any month after the ing sales of products of competitors of coerce, or induce another, directly or in­ month in which this Act was so amended, of the aggregate compensation paid to said an industry member; or directly, to use or promote the use of employee by all said employers with respect (d) When, because of the terms and any unfair practice specified in this part. to such calendar month, and each employer conditions of the agreement or under­ [Rule 181 other than a subordinate unit of a national standing, including its duration, or the Issued: December 14,1959. railway-labor-organization employer shall be attendant circumstances, the effect may liable for that proportion of the contribution be substantially to lessen competition or Promulgated by the Federal Trade with respect to such compensation paid by tend to create a monopoly ; o r , Commission December 17,1959. all such employers which the compensation paid by him after December 31, 1946, to the (e) When similar payments are not [seal]* R obert M. P arrish, employee for services during any calendar accorded to salespersons of competing % Secretary. month after 1946 bears to the total compen­ customers on proportionally equal terms sation paid by all such employers after De­ in compliance with section 2 (d) and (e) [F.R. Doc. 59-10602; Filed, Dec. 16, 1959; cember 31, 1946, to such employee for serv­ of the Clayton Act. 8:45 a.m.] ices rendered during such month; and in the event that the compensation so paid N o t e : Payments made by an Industry member to a salesperson of a customer under by such employers to the employee for serv­ any agreement or understanding that all or ices rendered during such month is less than $300 if such month is before July 1, 1954, or any part of such payments is to be trans­ Title 20— EMPLOYEES’ BENEFITS less than $350 if such month is after June ferred by *he salesperson to the customer, Chapter II— Railroad Retirement 30, 1954, and before the calendar month next or is to result in a corresponding decrease in Board following the month in which this Act was the salesperson’s salary, are not to be con­ amended in 1959, or less than $400 if such sidered within the purview of this section, PART 345— EMPLOYERS’ CONTRIBU­ month is after the month in which this Act but are to be considered as subject to the was so amended, each subordinate unit of a requirements and provisions of section 2(a) TIONS AND CONTRIBUTION RE­ national railway-labor-organization employer of the Clayton Act. PORTS shall be liable for such proportion of any additional contribution as the compensation [Rule 141 Miscellaneous Amendments paid by such employer after December 31, 1946, to such employee for services rendered § 48.15 Deceptive representations as tò Pursuant to the general authority during sudfi month bears to the total com­ earnings, etc. contained In section 12 of the act of June pensation paid by all such employers after 25, 1938 (52 Stat. 1094, 1107; 45 U.S.C. December 31,1946, to such employee for serv­ It is an unfair trade practice to make ices rendered during such month : false, misleading, or deceptive state­ 362),"§§ 345.1, 345.2, 345.9, 345.10, and 1. With respect to compensation paid prior ments or representations regarding op­ 345.20 of Part 345 (20 CFR 345.1, 345.2, to January 1, 1948, the rate shall be 3 per portunities for making money, or of ac­ 345.9, 345.10 and 345.20) of the Regula­ centum; tions under such act are amended by 2. With respect to compensation paid after tual or^ probable earnings, by agents, Board Order 59-219, dated December 2, the month in which this Act was amended jobbers, dealers, and others, handling 1959, to read as follows:. in 1959, the rate shall be as follows: products of this industry. [Rule 151 § 48.16 Substitution of products. The rate with respect to com- If the balance to the credit of the railroad unemployment pensation paid during the It is an unfair trade practice for a insurance account as of the close of business on Septem- next succeeding calendar member of the industry to make an ber 30, of any year, as determined by the Board, is— year shall be (percent) — unauthorized substitution of products, $450,000,000 or more------——.------l ’/a where such substitution has the capac­ $400,000,000 or more but less than $450,000,000------2 $350,000,000 or more but less than $400,000,000------2 y2 ity and tendency or effect of mislead­ $300,000,000 or more but less than $350,000,000------i------3 ing or deceiving purchasers, by: Less than $300,000,000------3% (a) Shipping or delivering industry products which do not conform to sam­ As soon as practicable following the en­ September 30 of such year; and in deter­ ples submitted, to specifications (in bids actment of this Act, the Board shall deter­ mining such balance as of September 30 of or otherwise) upon which the sale is mine and proclaim the balance to the credit any year, the balance to the credit of the consummated, or to representations of the account as of the close of business on railroad unemployment insurance adminis­ tration fund as of the close of business on made prior to securing the order, with­ September 30, 1947, and on or before De­ cember 31 of 1948 and of each succeeding such date shall be deemed to be a part of out advising the purchaser of the substi­ year, the Board shall determine and pro­ the balance to the credit of such account. tution and obtaining his consent thereto claim the balance to the credit of the ac­ (Section 8(a) of the Railroad Unemployment prior to making shipment or delivery; or count as of the close of business on Insurance Act) 10200 RULES AND REGULATIONS

The contributions required by this Act (b) If compensation is paid by more shall be collected and paid quarterly or at ure of the contribution of each employer such other times and in such manner and than one employer to an employee with other than the subordinate units shall under such conditions not inconsistent with respect to employment during the same be the full amount of compensation paid this Act as may be prescribed by Regulations calendar month, and if the aggregate by him' to such employee for that month, of the Board, and shall not be deducted, in compensation paid to such employee by and the measure of the contribution of whole or in part, from the compensation of all employers is more than $400 for the each subordinate unit of the national employees in the employer’s employ. If a calendar month, then there shall be in­ railway - labor - organization employer contribution required by this Act is not paid cluded in the measure of each such em­ when due, there shall be added to the amount shall be that proportion of $400 less the payable (except in the case of adjustments ployer’s contribution only that propor­ total compensation paid to such em­ made in accordance with the provisions of tion of $400 which the amount paid by ployee for the month by all employers this Act) interest at the rate of 1 per centum him to the employee for the month bears other than the subordinate units which per month or fraction of a month from the to the aggregate compensation paid to the compensation paid by such subordi­ date the contribution became due until paid. such employee by all employers for that nate unit to the employee for that month Any interest collected pursuant to this sub­ month : Provided, however, bears to the total compensation paid to section shall be credited to the account. (1) If such aggregate compensation is (Section 8(g) of the Railroad Unemployment such employee by all such subordinate Insurance Act) paid by two or more employers, only one units for that month. All provisions of law, including penalties, of whom is an employer other than a subordinate uhit of a national railway- § 345.9 Place and time for filing em­ applicable with respect to any tax imposed ployers’ contribution reports. by section 1800 or 2700 of the Internal Reve­ labor-organization employer, and if the nue Code, and the provisions of section 3661 compensation paid to the employee by Each employer’s contribution report of such code, insofar as applicable and not the employer other than a subordinate shall be filed with the Director of Budget inconsistent with the provisions of this Act, unit equals or exceeds $400 for the and Fiscal Operations, Railroad Retire­ shall be applicable with respect to the con­ month, then no subordinate unit shall tributions required by this Act: Provided, ment Board, 844 Rush Street, Chicago That all authority and functions conferred be liable for any contribution with re­ 11, Illinois. by or pursuant to such provisions upon any spect to the compensation paid by it to (a) Except as provided in paragraph officer or employee of the United States, ex­ such employee for that month, and the (b) of this section, the employer’s con­ cept the authority to institute and prosecute, measure of the contribution of the enj.- tribution report for each quarterly pe­ and the function of instituting and prosecut­ ployer other than a subordinate Unit riod shall be filed on or before the last ing, criminal proceedings, shall, with respect with respect to the compensation paid day of the second Calendar month fol­ to such contributions, be vested in and ex­ by him to such employee for that month lowing the period for which it is made. ercised by the Board or such officers and em­ shall be $400. ployees of the Board as it may designate If such last day falls on Saturday, Sun­ therefor. (Section 8(h) of the Railroad (2) If such aggregate compensation is day, or a national legal holiday, the re­ Unemployment Insurance Act) paid by two or more employers other port may be filed on the next following * * * For the purposes of determining than a subordinate unit of a national business day. If mailed, reports must be * * * the amount of contributions due railway-labor-organization employer, postmarked on or before the date on pursuant to this Act, employment after June and by one or more subordinate units of which the report is required to be filed. 30, 1940, in the service of a local lodge or di­ a national railway-labor-organization (b) For eligible employers who have vision of a railway-labor-organization em­ employer, and if the total compensation ployer or as an employee representative shall elected to report contributions annually be disregarded. For, purposes of determin­ paid to the employee by the employers in accordance with § 345.5(a) (2), the ing * * * the amount of contributions due other than a subordinate unit equals or contribution report shall be filed on or pursuant to this Act, employment as a dele-' exceeds $400 for the month, then no sub­ before the last day of the second calen­ gate to a national or \ international conven­ ordinate unit shall be liable for any con­ dar month following the close of the tion of a railway labor organization defined tribution with respect to the compen­ calendar year. If such last day falls bn as an “employer” * * * shall be disre­ sation paid by it to such employee for Saturday, Sunday, or a national legal garded if the individual having such em­ that month, and the measure of the con­ ployment has not previously rendered serv­ holiday, the report may be filed on the ice, other than as such a delegate, which may tribution of each employer other than a next following business day. If mailed, be included in his “years of service” for the subordinate unit shall be that proportion reports must be postmarked on or before purposes of the Railroad Retirement Act. of $400 which the compensation paid by the date on which the report is required (Section 1(g) of the Railroad Unemploy­ such employer to the employee for the to be filed. ment Insurance Act) month bears to the total compensation (c) If there is a delay in the filing of § 345.2 Employers’ contributions. paid to such employee by all such em­ a contribution report, the Director of ployers other than a subordinate unit Budget and Fiscal Operations may set The $400 specified in this section is for that month. a later date for filing, if, in his judgment, the maximum compensation per em­ (3) If such aggregate compensation is (1) the delay is due to reasonable cause, ployee per month subject to contribu­ paid by two or more employers, only one (2) the amount of interest payable for tions after May 31, 1959, with respect to of whom is a subordinate unit of a na­ the delinquency represents a charge services rendered after that date. Max­ tional railway-labor-organization em­ totally disproportionate to the period of imum compensation amounts subject to ployer, and if the total compensation delay and, (3) the employer’s previous contributions, and allocations, for prior paid to the employee by all employers record for submission of reports warrants periods are shown in § 345.1. other than the subordinate unit is less such action. . - * (a) Except as provided in paragraph than $400 for the month, then the meas­ (b) of this section, every employer shall § 345.10 Payment of employers’ contri­ ure of the contribution of each em­ butions, - pay a contribution equal to the follow­ ployer other than the subordinate unit ing percentages of the amount of com­ shall be the full amount of compensa­ (a) The contribution required to be pensation paid to any employee for em­ tion paid by him to such employee for reported on an employer’s contribution ployment on and after July 1,1939: that month, and the measure of the con­ report is due and payable to. the Board Percent tribution of the subordinate unit of a without assessment qr notice, at the (1) July 1,1939 through Dec. 3 1 ,1947_ 3 national railway-labor-organization em­ time fixed for filing the contribution (2) January 1 , 1948 through Dec. 31, ployer shall be $400 less the total com­ report. 1955 ______i/ 2 pensation paid to such employee for that (b) Certified or uncertified checks (3) January 1, 1956 through Dec. 31, month by all other employers. may be- tendered as provisional pay­ 1956 ------•------iy 2 (4) January 1 , 1957 through Dec. 31, (4) If such àggregate compensation ment of contributions and should be 1957 ______2 is paid by one or more employers other made payable to the Railroad Retirer (5) January 1, 1958 through Dec. 31~ than a subordinate unit of a national ment Board and mailed with the contri­ 1958 ___■------2 y2 railway - labor - organization employer bution report to the Director of Budget (6 ) January 1 , 1959 through May 31, and by two or more subordinate units of 1959 ______3 and Fiscal Operations, Railroad Retire­ (7) June 1,1959 through Dec. 31, 1959_ 3% a national railway-labor-organization ment Board, 844 Rush Street, Chicago 11, (8 ) Each succeeding calendar year, employer, and if the total compensation Illinois. No employer who tenders a the applicable percentage speci­ paid to the employee by all employers check as provisional payment of contri­ fied in § 345.1 of these regula­ other than the subordinate units is less bution shall be released from the obliga­ tions. than $400 for the month, then the meas- tion to make ultimate payment thereof Thursday, December 17, 1959 FEDERAL REGISTER 10201 until such check has been duly paid. If a Sec. part. No charge is made for such con­ check is not paid by the bank on which it 35.5 Fees for investigation. sultation and no written report thereof 35.6 Applications. will be submitted to the applicant. is drawn, the employer by whom such 35.7 Date for conducting tests. check has been tendered shall remain 35.8 Conduct of investigations, tests, and § 35’.4 Types of hydraulic fluid for which liable for the payment of the contribu­ demonstrations. certificates of approval may he tion and for all legal penalties and ad­ 35.9 Certificates of approval. granted. ditions to the same extent as if such 35.10 Approval labels and markings. 35.11 . Material required for record. Certificates of approval will be granted check had not been tendered. 35.12 Changes after certification. for completely compounded or mixed § 345.20 Assessments. 35.13 Withdrawal of certification. fluids and not for individual ingredients; except that- when a cqncentrate is sub­ The Director of Budget and Fiscal Op­ Subpart B— Test Requirements mitted for testing, complete instructions erations is authorized, on behalf of the 35.20 Autogenous-ignition temperature test. for mixing with water or other vehicle Board, to issue assessments of contri­ 35.21 Temperature-pressure spray-ignition shall be furnished to the Bureau, to­ butions, interest, and penalties, and no­ test. 35^22 Test to determine effect of evapora­ gether with the vehicle other than water, tices and demands for payment thereof. and the approval will cover only the (Sec. 12, 52 Stat. 1107, as amended; 45 U.S.C. tion on flammability. 35.23 Performance required for certification. specific mixture that constitutes the hy­ 362) draulic fluid for use in coal mines. A u t h o r it y : §§ 35.1 to 35.23 issued under Dated: December 11,1959. sec. 5, 36 Stat. 370, as amended, and sec. § 35.5 Fees for investigation. By authority of the Board. 212(a), 66 Stat. 709, 30 U.S.C. 7, 482(a). In­ terpret or apply secs. 2, 3, 36 Stat. 370, as (a) The full fee must accompany an Mary B. L in kin s, amended, secs. 201, 209, 66 Stat. 692, 703; application for testing a hydraulic fluid Secretary of the Board. 30 U.S.C. 3, 5,471,479. or for retesting a fluid that has been previously tested and disapproved. If [F.R. Doc. 59-10674; Filed, Dec. 16, 1959; Subpart A—-General Provisions 8:47 a.m.] less work is involved than for a complete § 35.1 Purpose. investigation, the charge will be in pro­ portion to the work done. Any Surplus The regulations in this part set forth will be refunded to the applicant. Title 30— MINERAL RESOURCES the requirements for fire-resistant (b) The fee for tests covering only part hydraulic fluids and concentrates for the of a complete investigation will be Chapter I— Bureau of Mines, production thereof to procure their cer­ charged according to the work involved Department of the Interior tification as approved for use in ma­ and will be in proportion to that charged chines and devices that are operated in for a complete investigation. The fee SUBCHAPTER E— MECHANICAL EQUIPMENT FOR coal mines; procedures for applying for MINES; TESTS FOR PERMISSIBILITY AND for such tests shall be determined in ad­ SUITABILITY; FEES such certification; and fees. vance by the Bureau and the applicant n [ Bureau of Minés Schedule 30 ] § 35.2 Definitions. notified accordingly in writing. (c) The fee for an extension of cer­ PART 35— FIRE-RESISTANT As used in this part— tification will be determined according HYDRAULIC FLUIDS (a) “Permissible,” as applied to hy­ to the work required and the applicant draulic fluids, means that the fluid con­ will be notified accordingly. The fee There was published in the F ederal forms to the requirements of this part, must be paid in advance before the in­ R egister of September 25, 1959 (24 F.R. and that a certificate of approval to that vestigation will be undertaken. 7728), a notice and text of proposed reg­ effect has been issued. (d) The following fees are charged ulations to be included as Part 35 of Sub­ (b) “Bureau” means the United States for testing a hydraulic fluid—concen­ chapter E of Title 30, Code of Federal Bureau of Mines. trate or emulsion: Regulations, prescribing procedures for (c) “Certificate of approval” means a testing and approving hydraulic fluids formal document issued by the Bureau 1. Autogenous-ignition temperature stating that the fluid has met the re­ test, each______$25. 00 and concentrates for the production of 2. Temuerature-pressure spray-igni­ such fluids for fire-resistant qualities. quirements of this part for fire-resistant tion test, each______45. 00 Interested persons were allowed 30 hydraulic fluids and authorizing the use 3. Test to determine effect of evapo­ days after publication of the notice to of an official identifying marking so in­ ration on flammability, each— 30. 00 submit written comments, suggestions, or dicating. 4. Fees for other tests not included in the objections concerning the proposed reg­ (d) “Fire-resistant hydraulic fluid” above list will be determined in ad- ulations. Suggestions were received means a fluid of such chemical composi­ vance by the Bureau. The applicant from two different sources pertaining tion and physical characteristics that it will be notified accordingly in writing; and the fee shall be paid before such primarily to specifications for lubricating will resist the propagation of flame. , tests are begun. - properties, of fire-resistant hydraulic (e) “Concentrate” means a substance fluids; but after careful consideration in concentrated form that might not be § 35.6 Applications. these are believed to be covered ade­ fire resistant as such but when mixed (a) No investigation or testing will be quately in § 35.6 of the proposed regula­ with water or other vehicle in accordance undertaken by the Bureau except pur­ tions. No adverse comment was received with instructions furnished by the appli­ suant to a written application, in dupli­ on the fire-resistant requirements for cant will constitute a fire-resistant hy­ hydraulic fluids. The proposed regula­ draulic fluid. cate, accompanied by a check, bank tions are therefore adopted without (f) “Applicant” means an individual, draft, or money order, payable to the change and are set forth below. partnership, company, corporation, asso­ United States Bureau of Mines, to cover the fees; and all descriptions, specifica­ M arling J . An k en y, ciation, or other organization that man­ - — Director, ufactures, compounds, refines, or other­ tions, test samples, and related materials. Bureau of Mines. wise produces, a fire-resistant hydraulic The application and all related matters and correspondence concerning it shall Approved: December 11,1959. fluid or a concentrate for the production thereof, and seeks a certificate of ap­ be sent to the Central Experiment Sta­ E lmer F .’B ennett, proval. tion, Bureau of Mines, 4800 Forbes Ave­ Acting Secretary of the Interior. nue, Pittsburgh 13, Pennsylvania, At­ § 35.3 Consultation. P art 35 of Title 30 follows: tention: District Supervisor, Health and By appointment, applicants or their Safety District B. Subpart A— General Provisions Sec. representatives may visit the Bureau’s (b) Descriptions and specifications 35.1 Purpose. Central Experiment Station, 4800 Forbes shall be adequate in detail to identify 35.2 Definitions. Avenue, Pittsburgh 13, Pennsylvania, to fully the composition of the hydraulic 35.3 Consultation. discuss with qualified Bureau personnel fluid and to disclose its characteristics. 35.4 Types of hydraulic fluids for which Descriptions and specifications shall certificates of approval may be proposed fluids to be submitted in ac­ granted. cordance with the regulations of this include: 10202 RULES AND REGULATIONS

(1) An identifying name or number of applications are pending. If a fluid of a color which contrasts with that of the fluid or concentrate for the produc­ fails to meet any of the requirements, the container. tion thereof. it shall lose its order of precedence. If (c) For a concentrate the label or (2) Pour point, ° F.; freezing point, an application is submitted to resume marking shall clearly indicate that the 0 F.; color; neutralization number or testing after correction of the cause of certification thereof applies only when pH; viscosity at Î00° F., Î50° F., 175° F. failure, it will be treated as a new appli­ the concentrate is used in exact con­ (Saybolt or Furol) ; viscosity index; cation and the order of precedence for formance with the instructions on‘such specific gravity. testing will be so determined. label or marking. The label or marking (3) A statement of the water or other shall clearly indicate the exact amount vehicle content in percent by weight or § 35.8 Conduct of investigations, tests, and demonstrations. of water or other vehicle to make the volume and how it affects fire resistance fire-resistant hydraulic fluid upon which of the hydraulic fluid. If water is the Prior to the issuance of a certificate of the certificate of approval was based. vehicle, the statement shall include the approval, only Bureau personnel, rep­ (d) Appropriate instructions and cau­ applicant’s method for determining resentatives of the applicant, and such tion statements on the handling of the water content quickly in the field. other persons as may be mutually agreed hydraulic fluid or concentrate shall be

cycling device shall be so arranged that ments are present, the veteran is eligible when a 2-inch length of pipe cleaner is Title 38— PENSIONS, BONUSES/ for assistance under this act. attached thereto the exposed end shall (4) The term “preclude locomotion” describe an arc with a radius of 4 inches AND VETERANS’ RELIEF is not meant to signify that if motion ±Va inch. The cycling device shall be by any other means is possible, the vet­ so arranged that when the 2-inch length Chapter I— Veterans Administration eran would be ineligible for benefits un­ of pipe cleaner is attached thereto, its PART 3— VETERANS CLAIMS der this act. If rare ahd occasional midpoint shall be in the center of the locomotion by other means is. possible, flame at one extreme end of the cycle. Instructions Relating tp Assistance in but generally not feasible or recom­ (3) Each of five 2-inch lengths of Acquiring Specially Adapted Hous­ mended, benefits may be in order. It is pipe cleaner shall be soaked separately ing to Seriously Disabled Veterans sufficient for purposes of this act if re­ for a period of 2 minutes in the test* sort to a wheelchair or other mechanical sample that remained at room tempera­ Part 3, Chapter I of Title 38 of the aid or contrivance is necessary, regular ture. Each pipe cleaner shall then be Code of Federal Regulations is amended and constant. However, to qualify for removed from the test sample and per­ by adding a new § 3.1535 as follows; assistance locomotion must be prevented mitted to drain freely until all excess § 3.1535 Instructions relating to assist­ by the disability; mere’precautionary in­ fluid is expelled from it. Each soaked ance in acquiring specially adapted activity will be excluded from considera­ pipe cleaner shall be attached to the housing to seriously disabled vet­ tion. cycling device, the mechanism started, erans. (c) Effective Date. This act is effec­ and the pipe cleaner permitted to enter (a) Provisions o f the law. Section 801, tive September 8, 1959. (Instruction I, and leave the burner flame, as described 38 U.S.C. 801, Public Law 86-239). in subparagraph (2) of this paragraph, Title 38, United States Code was until a self-sustaining flame shall be amended by Public Law 86-239 to provide (72 Stat. 1114; 38 U.S.C. 210) assistance in acquiring specially adapted observed on the pipe cleaner. The num­ This regulation is effective December ber of cycles necessary to obtain a self- housing to any veteran, who is entitled 17,1959. sustaining flame shall be noted and aver­ to compensation under 38 U.S.C. Ch. 11 aged for each of the five soaked pipe based on service after April 20, 1898, for [ seal] B radford M orse, cleaners. permanent and total service-connected Deputy Administrator. (4) After one test sample has re­ disability: [F.R. Doc. 59-10688; Filed, Dec. 16, 1959; mained in the oven for a period of 2 (1) Due to the loss, or loss of use, of 8:48 a.m.] hours, the Petri dish containing it shall both lower extremities, such as to pre­ be removed from the oven and allowed clude locomotion without the aid of to cool to room temperature, after which braces, crutches, canes, or a wheelchair, 5 lengths of 2-inch pipe cleaner shall or Title 46— SHIPPING be soaked separately in the test sample (2) Which includes, (i) blindness in both eyes, having only light perception, Chapter II— Federal Maritime Board, for a period of 2 minutes. Then the test Maritime Administration, Depart­ procedure stated in subparagraph (3) plus (ii) loss or loss of use of one lower of this paragraph shall be repeated. extremity, and such permanent and to­ ment of Commerce tal disability is such as to preclude lo­ (5) After one test sample has re­ SUBCHAPTER G— EMERGENCY OPERATIONS mained in the oven for a period of 4 comotion without the aid of a wheel­ hours, the Petri dish containing it shall chair. [Gen. Order 82, Rev., Amdt. 1] be removed from the oven and allowed to (b) Effects of the act. Benefits are PART 309— VESSEL VALUES FOR not restricted to veterans of wartime cool to room temperature, after which 5 WAR RISK INSURANCE lengths of 2-inch pipe cleaner shall be service. soaked separately in the test sample for (1) The act adds a new eligibility cate­ Miscellaneous Amendments a period of 2 minutest Then the test gory set forth in paragraph (a) (2) of this section, to the laws providing spe­ Part 309 is hereby amended by deleting procedure stated in subparagraph (3) of the sentence at the end of § 309.2(b) and this paragraph shall be repeated. cially adapted housing to veterans en­ titled to compensation under 38 U.S.C. substituting therefor the words “Values (d) Appraisal of tests. To be deter­ for vessels excluded from this part shall mined as fire resistant according to the ch. 11 for peacetime or wartime per­ manent and total service-connected be specially determined by the Maritime test requirements of this section,' the Administrator and set forth in three following results shall be achieved T disability. (2) The act also eliminates the for­ § 309.101.”; and by adding the following (1) The average number of cycles * mer requirement that inability to lo- new center heading and section: before attaining a self-sustaining flame comote be due to loss, or loss of use by Values for I ndividual Vessels in the test described in subparagraph (3) reason of amputation, ankylosis, pro­ of paragraph (c) of this section shall be gressive muscular dystrophies or paraly­ § 309.101 Determination of values. 24 or more. sis of both lower extremities. It will be (a) Vessels covered by §§ 309.1 through (2) The average number of cycles be­ sufficient for purposes of the act if lo­ 309.8. (1) Whereas, the Maritime Ad­ fore attaining a self-sustaining flame in comotion without the aid of braces, ministrator has found that the values the test described in subparagraph (4) crutches, canes, or a wheelchair is pre­ provided in Part 309 (General Order 82, of paragraph (c) of this section shall be cluded by the permanent and total serv- Revised) (24 F.R. 8260) constitute just 18 or more. ice-connected conditions, without regard compensation for the vessels to which (3) The average number of cycles be­ to etiology of the disabilities enumerated they apply, computed in accordance with in paragraph (a) of this section. fore attaining a self-sustaining flame in section 902(a) of the Merchant Marine (3) A veteran entitled to compensa­ Act, 1936, as amended (46 U.S.C. 1242) ; the test described in subparagraph (5) of tion for permanent and total service- and section 1209(a) of the Merchant paragraph (c) of this section shall be 12 connected disability which includes Marine Act, 1936, as amended (46 U.S.C. or more. blindness in both eyes, having only light 1289), Public Law 958—84th Congress, § 35.23 Performance required for cer­ perception and the loss or loss of use (70 Stat. 984.) ; and pursuant thereto has tification. of one lower extremity is entitled to as­ determined the values of vessels cov­ sistance under this act if his permanent ered by interim binders for war risk hull To qualify as fire-resistant under the and total disability precludes locomotion insurance, Form MA-184, prescribed by regulations of this part, a hydraulic fluid without the aid of a wheelchair. This Part 308 of this chapter (General Order shall meet each performance require­ requirement is in effect threefold^ (i) 75 (Revised), 22 F.R. 1175, as amended, ment as stated in paragraph (d) of There must be blindness in both eyes 24 F.R. 8093). 4S 35.20, paragraph (d) of § 35.21, and having only light perception, (ii) there (2) Therefore, it is ordered that the paragraph (d) of § 35.22. must be an anatomical loss or loss of use interim binders listed below shall be of one lower extremity, (iii) locomotion deemed to have been amended as of July [F.R. Doc.,59-10669; Filed, Dec. 16, 1959; by means other than a wheelchair must 1,1959, by inserting in the space provided 8:46 a.m.] be precluded. When these three ele­ therefor or in substitution for any value Thursday, December 17, 1959 FEDERAL REGISTER 10205 now appearing in such space the stated Binder Name of vessel Offi­ Stated Binder Name of vessel Offl- Stated valuation of the vessels set forth below No. cial No. valuation No. cial-No. valuation for the binders and vessels as designated. Nevertheless, the Assured shall have the Thousand Thousand right within sixty days after said date or 264 San Angelo Victory...... 248842 $750 1026 Hawaiian Traveler_____ 247316 $848 within sixty days after the attachment of 293 Penobscot______247706 550 1027 Josefina______;___ 247042 350 294 Plymouth______247867 550 1062 Hess Mariner______247229 575 the insurance under said binder, which­ 295 Seâconnet______247412 550 1090 Marine Progress______245086 455 ever is later, to reject such valuation and 300 Byron D. Benson______246173 575 1092 Washington Standard___ 246203 621 301 David McKelvy______246355 575 1104 Lucile Bloomfield______249291 900 proceed as authorized by section 1209(a) 305 Frank Haskell______246307 575 1114 President Fillmore_____ 245754 848 (2) of the Merchant Marine Act, 1936, 307 Robert E. Hopkins_____ 247757 575 1117 President Harding_____ 248565 848 308 Samuel Q. Brown..__ ... 246982 575 1149 Callabee...______245560 575 as amended (46 U.S.C. 1289). 315 Providence Getty._____ 254689 425 1155 Wagon Box...... 244766 575 318 Wm. F. Humphrey____ 246557 575 1160 Frank A. Morgan______242676 600 324 Chevron...... 250641 425 1173 California Bear______251970 900 Binder Name of vessel Offi­ Stated 326 Oregon Standard______246773 575 1174 Canada Bear.»______247385 848 No. cial No. valuation 331 Idaho Standard______245461 575 1175 China Bear______245837 900 342 241923 506 1176 Hawaii Bear______247194 848 350 Del Sol-l.______245159 488 1189 Kenneth/H. Stevenson__ 244980 350 Thousand 353 Del Viento______242343 506 1200 Coal Miher_____;____ 247331 350 2 Michael Tracy______248164 $550 354 Santa Adela______242243 900 1212 Aimee Lykes______245548 900 3 Thomas Tracy...... _ 247868 550 360 Santa Eliana______245546 900 1214 Barbara Lykes______245964 900 4 David D. Irwin______242354 610 362 Santa TTlavia______242762 900 1215 Brinton Lykes ______245240 550 7 American Mail______247321 1,100 365 Santa Juana______242111 900 1217 Charlotte Lykes______247157 750 8 Canada Mail__ ....____ 252476 1,100 409 Catawba Ford______245620 575 1220 Dolly Turman______249747 900 10 India Mail______251767 1,100 415 Custis Woods______245009 575 1223 Frank Lykes______245540 900 12 Java Mail______252478 1,100 418 Tullahoma______246662 575 1226 Genevieve Lykes______252444 900 13 241750 702 425 , Northfield______243253 575 1227 George Lykes______245132 550 14 Oregon Mail______248844 1,100 428 Edison Mariner..______247371 350 1228 Gibbes Lykes______... 245182 900 20 Alabama______246968 575 435 Four Lakes______244971 2,600 1230 Helen Lykes______245245 900 ' 26 Illinois______246993 575 437 The Cabins...______246143 675 1231 Howell Lykes______239905 1,100 28 Louisiana______245053 675 438 Pueblo______243441 - 675 1240 Leslie Lykes______247213 750 34 New Jersey______245831 575 439 Barbara Frietchie______244708 350 1241 Letitia Lykes______246897 900 42 W isconsin.. ______247650 575 446 Olympic Pioneer______245529 350 1244 Mallory Lykes______244881 '900 67 African Glade...______245035 900 447 Gulf Banker_-______245169 900 1245 Margaret Lykes______245853 900 68 African Glen______247294 900 448 Gulf Farmer______244598 900 1246 Marion Lykes.______245458 550 69 African Grove______244877 900 449 Gulf Merchant____ ... 252445 900 1247 Mason Lykes______— 252446 900 72 African Patriot______245795 900 450 Gulf Shipper------252443 900 1248 Mayo Lykes______'___ 247405 750 73 African Pilgrim______245431 900 451 Natalie O. Warren—------245077 1,200 1253 Shirley Lykes______... - 243799 550 74 African Pilot______245725 900 453 Atlantic Sun------244086 540 1257 Sylvia Lykes______247841 900 86 Alameda—______252492 900 458 Louisiana Sun------242964 575 -.1262 Virginia Lykes______245135 900 87 Sierran —— __ ..... 252355, 900 459 Maryland Sun------246101 575 1286 Santa Mercedes..______252351 900 88 Sonoma______245016 900 460 Mercury Sim------— 245965 575 1335 Angelina...... 244334 350 89 Ventura______252493 900 461 Michigan Sun______. 241851 575. 1338 Carolyn______241806 350 90 Hawaiian Banker..____ 247831 1,123 463 Ohio Sun______244089 575 1339 Dorothy______...— 242902 350 91 Hawaiian Builder...___ 247386 1,392 468 Sunoil______246908 575 1340 Edith...... 248564 550 92 Hawaiian Citizen______252149 1,153 471 Gulfbrand______246504 575 1343 Evelyn______247951 550 93 Hawaiian Craftsman___ 247826 1,202 477 Gulfglow------245054 575 1345 Hilton.. ______245110 350 94 Hawaiian E ducator. _ ___ 247322 1,168 487 GulfmillS—.------245675 575 1349 Mae______248165 650 95 Hawaiian Farmer______245860 1,236 488 Gulfmoon______248895 575 1381 Aliôe Brown------249027 900 96 Hawaiian Fisherman___ 247256 1,176 490 Gulfpass______248080 675 1457 Gold Stream.______275391 2,400 98 Hawaiian Logger______246728 350 491 Gulfpeak______247468 575 1501 Producer______245888 575 99 Hawaiian Lumberman__ 246007 350 499 Gulfswamp..--—------246013 575 1511 Morm ace lm... ______248393 848 100 Hawaiian Merchant____ 248845 1,393 - 502 Gulfvietor______244703 575 1512 Mormacfir______248650 848 101 Hawaiian Packer______243929 1,387 515 San Jacinto------248894 1,600 1514 '•Mormacoak______245955 848 102 Hawaiian Pilot______252413 1,251 516 Fruitvale Hills------248716 575 1516 Mormacpine_...... ----- 247477 848 103 Hawaiian Planter...... 248741 1,191 517 La Brea Hills------247455 575 1517 Mormacrio______—. 248745 1,100 104 Hawaiian Rancher.____ 246204 1,368 518 Lyons Creek------245450 575 1554' Sag Harbor...... 244117 350 105 Hawaiian Refiner______245594 1,318 519 New Market______247276 575 - 1566 Robin Goodfellow...... 247254 1,100 106 Hawaiian Retailor_____ 252477 1,100 521 Tillamook...... 245104 675 1567 Robin Gray------252626 1,100 107 Hawaiian Wholesaler...... 252633 1,372 551 Ponca City------244335 575 1568 Robin Hood______247255 1,100 113 Marine Courier. ______248019 -405 557 Chena__-.______. 242704 364 1582 Mormacsun______252346 1,100 114 Marine Merchant______245750 455 562 Illiamna______246848 364 1586 Mormacguide______252347 1,100 115 Marine Shipper..._____ 247596 550 564 Nadina______245864 366 1608 Gulfseal______247557 2,600 116 Marine Trader______247274 550 570 Susitna______248389 425 1627 N en ana______247015 i 350 171 Exermont______239017 935 573 Arizona______247721 848 1628 Talkeetna______245733 350 175 Exilona______252303 935 574 California______248206 848 178 Exmonth . 247370 848 576 Colorado______- 248786 848 180 Expeditor______251971 935 577 Montana______247478 848 (b) Vessels of less than 1,500 gross 183 Express______.... 252376 935 580 Wyoming______248243 848 186 Exton______246174 848 591 Transunion------247060 350 tons— (1) As of Ju n e 10, 1959. (i) 187 W ashington.______... 240590 1,100 701 P & T Adventurer_____ 247220 848 Whereas, the Maritime Administrator 188 Oregon______252271 1,100 702 P & T Builder______247121 848 189 Pacific Transport...... 248742 1,100 703 P & T Explorer______252524 1,100 has determined for certain vessels of less 190 Philippine Transport___ 246388 1,100 705 P & T Leader______245244 848 than T,500 gross tons the values which 191 Illinois______247454 848 707 P & T Navigator______252304 1,100 constitute just compensation for the ves­ 192 Clarke’s Wharf______-247758 575 710 P & T Voyager______248787 848 193 Fort Mims______248736 575 816 Tonsina______252547 360 sels to which they apply, computed in 195- Rock Landing______248802 575 846 Santa Fe______246602 550 accordance with section 902(a) of the 196 Arlington______248386 550 858 Bents Fort______248910 575 197 Boston ...... 247161 550 859 Bradford Island______247640 575 Merchant Marine Act, 1936, as amended 199 Concord______247870 550 860 Cantigny______247452 575 (46 U.S.C. 1242); and section 1209(a) of 201 Lexington______248276 550 861 Chiwawa______251505 600 202 Malden______247987 550 862 Council Grove______247896 575 the Merchant Marine Act, 1936, as 205 Newton______247414 550 863 Fort Hoskins______248735 575 amended (46 U.S.C. 1289), Public Law 206 Reading______248271 650 865 Royal Oak—...... 247574 575 958—84th Congress (70 Stat. 984); and 207 Winchester 247708 550 867 Winter Hill..------247576 575 211 American Builder. 247201 900 868 Coeur D’Alene Victory__ 247113 848 pursuant thereto has determined the 212 American Chief..______246732 900 870 Longview Victory_____ 247077 848 values of vessels covered by interim bind­ 217 American Flyer______247417 900 . 871 Northwestern Victory___ 247492 848 221 Pioneer Surf______254842 1,005 877 Ames Victory______247292" 848 ers for war risk hull insurance, Form 225 American Leader...... 249517 900 878 Coe Victory------247894 848 MA-184 prescribed by Part 308 of this 226 American Manufacturer—. 247643 900 879 Jefferson City Victory___ 247345 848 228 American Miller 243873 900 880 Mankato Victory______248739 848 chapter (General Order 75 (Revised), 22 229 American Packer 243982 ss 900 895 Galena------248122 425 F.R. 1175, as amended, 24 F.R. 8093). 230 American Planter______254670 900 897 Marine Pioneer—...... 245060 510 231 American Press_.. - _ 247590 900 899 .Hess Bunker______243804 575 (ii) Therefore, it is ordered that the 232 American Producer 254616 900 921 Hess Trader______246104 575 interim, binders listed below shall be 235 American Scientist 254653 900 942 Spirit of Liberty______243263 575 239 American Veteran. 247296 900 943 Santa Anita------245130 550 deemed to have been amended as of 240 American Gunner____ 252677 900 944 Pine Ridge______243803 575 June 10, 1959, by inserting in the space 242 Pioneer Cove .. >, 249748 900 956 Fortuna------245880 350 246 Pioneer Isle______.... 256787 989 966 Atlantic Victory______248749 750 provided therefor or in substitution for 247 American Trapper . - 252678 900 967 Ocean Victory__ ....___ 248013 750 any value now appearing in such space 250 Pioneer Reef...... 244020 1,001 979 Soutbstar______253289 900 251 American Hunter__ 252679 900 980 Southport------253572 900 the stated valuation of the vessels set 253 Pioneer Tide.._____ 249030 900 983 Hess Petrol ______244735 575 forth below for the binders and vessels 254 American Forester__ 248074 900 986 Southland______245539 900 256 Green Harbour__•__ 247760 750 989 South wind______252356 900 as designated. Nevertheless, the Assured 257 Green Valley ___ 247950 750 992 Marine Ranger______246574 430 shall have the right within sixty days 262 Moline Victory__ 247346 750 999 Albatross______244486 350 263 Newberry Victory . . 248460 750 1016 Hawaiian Tourist..___ _ 248171 848 after said date or within sixty days after No. 245------3 10206 RULES AND REGULATIONS the attachment of the Insurance under (Sec. 204, 49 Stat. 1987, as amedned, sec. Reconstruction Finance Corporation Act, said binder, whichever is. later, to reject 1209, 64 Stat. 775, as amended, 70 Stat. 984; as amended (15 U.S.C. 604), and sec­ such valuation and proceed as authorized 46 U.S,C. 1114, 1289) tions 102 and 102a of Housing Act of by section 1209(a) (2) of the Merchant Dated: December 8, 1959. 1948, as amended (12 U.S.C. 1701g, Marine Act, 1936, as amended (46 U.S.C. W alter C. F or», 1701g-l); first and second advance plan­ 1289). Acting Maritime Administrator. ning under Reorganization Plan No. 17 [FJR. Doc. 59-10600; Filed, Dec. 16, 1959; of 1950 (5 U.S.C. 133z-15 note) and Title V of War Mobilization and Reconversion Binder Name of vessel Offi­ Stated 8:45 a.m.] No. cial No. valuation Act of 1944 <50 U.S.C. App. 1671 note) and Public Law 352, 81st Cong. (40 U.S.C. Thousand 451); war public works Tinder Reorgan­ 682 150639 $270 Title 44— PUBLIC PROPERTY ization Plan No. 17 of 1950 (5 U.S.C. 636 Dammam 7.**-______23 637 255059 24 133z-15 note) and title II of Lanham Act, 646 55 AND WORKS as amended (42 U.S.C. 1531); Alaska 767 Wafral...... —- ...... 265744 31 housing loans under Alaska Housing Act, 768 Wafra II...... -...... 265745 31 Chapter VII— Community Facilities 068 70 as amended (48 U.S.C. 484); and public 960 70 Administration, Office of the Ad­ agency loans (RFC) under Reorganiza­ 970 70 971 90 ministrator, Housing and Home tion Plan No. 1 of 1957 (5 U.S.C. 133Z-15 1000 112 25 ■ Finance Agency note). 1001 114 26 1002 115 26 PART 701— PROGRAMS AND §701.2 Procedure. 1003 116 26 1004 117 26 PROCEDURE The general course and method by 1005 118 27 1006 119 29 Part 701 of Chapter VII of Title 44 of which functions administered through 1074 77 the Code of Federal Regulations is re­ the Community Facilities Administration 1075 90 on behalf of the Housing and Home Fi­ 1441 Qatif 7...... vised to read as follows: 105 nance Administrator are channeled and 1442 QfttifS . . . . . 105 Sec. 701.1 Programs. determined are as follows: The pre­ 701.2 Procedure. scribed forms for application for assist­ (2) As o f July 1, 1959. (i) Whereas, ance under the active operating pro­ Auth ority: §§701.1 to 701.2 issued Tinder grams listed above are obtained from and the Maritime Administrator has deter­ Reorganization Plan No. 3 of 1947, 61 S ta t.. mined for certain vessels of less than 954, 5 U.S.C. 133y note. filed with the Regional Office of the 1,500 gross tons the values which con­ Housing and Home Finance Agency serv­ stitute just compensation for the ves­ § 701.1 Programs. ing the area in which the applicant is sels to which they apply, computed in (a) The Community Facilities Admin­ located. Upon approval of an applica­ istration, headed by the Community Fa­ tion by either the Regional Adminis­ accordance with section 902(a) of the trator or community Facilities Commis­ Merchant Marine Act, 1936, as amended cilities Commissioner, was established as a constituent unit of the Housing and sioner, as appropriate, an agreement (46 U.S.C. 1242); and section 1209(a) of between the Government and the appli­ the Merchant Marine Act, 1936,. as Home Finance Agency by the Housing and Home Finance Administrator’s Or­ cant is executed. Further information amended (46 U.S.C. 1289), Public Law ganizational Order No. 1 of December 23, concerning operations may be obtained 958—84th Congress (70 Stat. 984) ; and 1954 (19 F.R. 9329, December 29, 1954). from the appropriate Regional Office of pursuant thereto has determined the There are administered through the the Housing and Home Finance Agency values of vessels covered by interim Community Facilities Administration the or from the Community Facilities Com­ binders for war risk hull insurance, Form following active operating programs: missioner, Office of the Administrator, MA-184 prescribed by Part 308 of this Loans to public or private nonprofit edu­ Housing and Home Finance Agency, chapter (General Order 75 (Revised), 22 cational institutions of higher learning, 1626 K Street NW„ Washington 25, D.C. F.R. 1175, as amended, 24 F.R. 8093). including hospitals operating a school of Effective as of the 17th day of Decem­ (ii) Therefore, it is ordered that the nursing or approved for internships, for ber 1959. interim binders listed below shall be the construction of housing and other educational facilities for students and [seal] Norman P. Mason; deemed to have been amended as of Housing and Home July 1, 1959, by inserting in the space faculties, under title IV of the Housing Finance Administrator. Act of 1950, as amended (12 U.S.C. 1749); provided therefor or in substitution for public facility loans to State and local [F.R. Doc. 59-10689; Filed, Dec. 16, 1959; any value now appearing in such space public agencies to finance specific public 8:48 a.m.] the stated valuation of the vessels set projects, under title II of the Housing forth below for the binders and vessels Amendments of 1955 (42 U.S.C. 1491); as designated. Nevertheless, the As­ advances to public agencies to aid in Title 47— TELECOMMUNICATION sured shall have the right within sixty financing the planning of public works, days after said date or within sixty days under section 702 of the Housing Act of Chapter I— Federal Communication after the attachment of the insurance 1954, as amended by section 112 of the Commission under said binder, whichever is later, Housing Amendments of 1955 C40 U.S.C. 462); and, under agreement with the PART 1— PRACTICE AND to reject such valuation and proceed as PROCEDURE authorized by section 1209(a) (2) of the Commissioner of Education, supervision of construction of school facilities for Merchant Marine Act, 1936, as amended which Federal aid is provided through Miscellaneous Amendments (46 U.S.C. 1289). the U.S. Office of Education under Public The Commission, having under con­ Law 815, 81st Cong., as amended (20 sideration § 1.52 of its rules of practice Binder Name of vessel Offi­ Stated U.S.C. 631). and procedure, which as now phrased No. cial No. valuation (b) The Community Facilities Admin­ contains specifications as to all pleadings istration is also responsible for manage­ and documents with the exception of Thousand ment and liquidation of the following briefs, and § 1.53 of" said rules, which as 609 Barge 114...... $16 programs: Loans and grants for con­ now phrased provides that briefs may 610 17 611 19 struction of defense community facilities be printed, typewritten, mimeographed, 612 16 under title III of Defense Housing and. or multigraphed, and further contains 613 16 623 Barge 128 . 16 Community Facilities and Services Act specifications as to printed briefs; and 624 Barge 129 . . . . . 16 of 1951, as amended (42 U.S.C. 1592); It. appearing that multilithed briefs 626 16 628 Barge 133 _ ... 39 prefabricated housing loans under Re­ are acceptable to the Commission; and 629 Barge 134______17 organization Plan No. 23 of 1950 (5 It further appearing that neither § 1.52. U.S.C. 133z-15 note) and section 4 of nor § 1.53 as now phrased contains Thursday, December 17, 1959 FEDERAL REGISTER 10207 specifications as to briefs other than printed briefs, and that typewritten, mimeographed.lhultigraphed, or multi- PROPOSED RULE MAKING lithed briefs should conform to the speci­ fications for pleadings and other documents contained in § 1.52; and dition to the Detroit urbanized area (as It further appearing that the amend­ DEPARTMENT OF AGRICULTURE defined for 1950 census) the larger cities included are- Ann Arbor, Pontiac, and ments adopted herein pertain to matters Agricultural Marketing Service of procedure and that such amendments Port Huron. are editorial in nature, and hence that [ 7 CFR Parts 924, 1025 ] Alternative proposals were considered at the hearings to extend regulation to compliance with the public notice and [Docket Noe. AO-225-A10, AO-310] procedural requirements of the Adminis­ the substantial centers of population in trative Procedure Act is unnecessary; MILK IN DETROIT, MICHIGAN, AND the lower peninsula of Michigan which and CENTRAL MICHIGAN MARKETING are not now included in the marketing areas of the Detroit, Toledo, Muskegon It further appearing that the amend­ AREAS ments adopted herein are issued pur­ and Upstate Michigan orders. Six co­ suant to authority contained in sections Decision on .Proposed Amendments operative associations proposed that this 4(i), 5(d) (1), and 303(r) of the.Commu­ to Tentative Marketing Agreement be by a separate order for a Central Michigan marketing area to include all nications Act of 1934, as amended, and and To Order section 0.341(a) of the Commission’s of 22 counties and 25 townships in four Statement of Organization, Delegation Pursuant to the provisions of the Agri­ other counties. Michigan Milk Pro­ of Authority and Other Information; cultural Marketing Agreement Act of ducers Association, which represents It is ordered, This 14th day of Decem­ 1937, as amended (7 U.S.C. 601 et seq.), more than 80 percent of Detroit pro­ ber 1959, That, effective January 18, and the applicable rules of practice and ducers and more than half of those pro­ 1960, the Commission’s rules of practice procedure governing the formulation of ducers supplying the proposed Central and procedure are- amended as set forth marketing agreements and marketing Michigan area proposed that the Detroit marketing area be extended to include below. ‘ orders (.7 CFR Part 900), a public hear­ ing was. held at Lansing, Michigan, on much of the same territory. Handler (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. January 6-16, 1959, pursuant to notice proposals expanded the area under con­ 154. Interprets or applies sec. 303, 48 Stat. sideration to a total of 32 counties plus 1082, as amended; 4? U.S.C. 303) thereof issued on December 5, 1958 (23 F.R. 9552). parts of eight others. While not co­ Released: December 14,1959. Upon the basis of the evidence intro­ extensive, all the principal proposals in­ cluded Battle Creek, Bay City, Flint, F ederal Communications duced at the hearing and the record Grand Rapids, Jackson, Kalamazoo, Commission, thereof, the Acting Deputy Administra­ tor, Agricultural Marketing Service, on Lansing, Saginaw and their environs. [seal] M ary J ane Morris, These are the largest cities in Michigan iSecretary. October 29, 1959 (24 F.R. 8935), filed with the Hearing Clerk, United States for which the handling of milk is not 1. Sections 1.52 and 1.53 are amended Department of Agriculture, his recom­ now regulated, with urban populations ,to read as follows: . mended decision containing notice of the ranging from 50,000 to 250,000. § 1.52 Specifications as to pleadings and opportunity to file written exceptions Thi§ area is also that from which the documents. thereto. great majority of the milk supply for The material issues on the record of the presently defined Detroit market is All pleadings and documents (except the hearing relate to: drawn. Eighteen of the 20 supply plants printed briefs) filed in any proceeding I. Regulation of additional areas in qualified for Detroit are located in the shall, unless otherwise specifically pro­ Michigan. area, as are farms of producers deliver­ vided, be on paper either 8 by 10 Vk or 14 (a) Need for and form of regulation; ing milk direcly to Detroit bottling inches or 8V2 by 11, 13 or 14 inches, with (b) Character of commerce; and plants. Total Detroit production in the left-hand margin not less than 1V2 (c) Specific boundaries of the area, area is more than double that for the inches wide. This requirement shall not n . Provisions to be included in any outstate markets. apply to original documents, or admis­ new regulation, or to be modified in the There is considerable variation in the sible copies thereof, offered a§ exhibits present Detroit order with respect to: milk marketing methods in effect in or to specially prepared exhibits. The (a) The scope of regulation; these principal centers of population and impression shall be on, one side of the (b) The classification and allocation in some instances these differences occur paper only and shall be double-spaced, of milk; within the same area. Locals of Michi­ except that long quotations shall be (c) The determination and level of gan Milk Producers Association at Bay single spaced and indented. All papers, class prices; and City, Saginaw, Midland and Mount except charts and maps, shall be type­ (d) Distribution of proceeds to pro­ Pleasant negotiate class prices for all written or prepared by mechanical proc­ ducers. milk sold dealers in what is generally essing methods, other than letterpress Findings and conclusions. The follow­ called the “Valley Market” and dis­ or printing. The foregoing shall not ing findings and conclusions on the ma­ tribute returns to producers through an apply to official publications. All copies terial issues are based on evidence pre­ association pool. The Valley pool rep­ must be clearly legible. sented at the hearing and the record resented approximately 800 producers § 1.53 Specifications as to briefs. thereof : with production of 147 million pounds I. Regulation of additional area in of milk in 1957. Similar arrangements Briefs may be printed, typewritten, Michigan. prevail at Battle Creek and Jackson for mimeographed, multigraphed, or multi- (a) Need for and form of regulation.lesser volumes of milk, 48 and 37 mil­ lithed. Printed briefs shall be in 10- or The handling of milk, in the principal lion pounds, respectively, in 1957. In 12-point type, on good unglazed paper, population centers of Southern Michigan the Flint area, class prices are likewise 5% inches wide by 9 inches long, with should be brought under regulation. negotiated with local dealers distribut­ inside margin not less than IV2 inches This should be accomplished by expan­ ing approximately 90 percent of the fluid wide, and with double spaced text and sion of the present Detroit marketing sales of Flint plants, but returns to pro­ single spaced quotations. Typewritten, area to a Southern Michigan marketing ducers are based on the utilization of mimeographed, multigraphed, or multi- area. the plant to which the individual pro­ lithed briefs shall conform to the specifi­ Federal Order No. 24 presently regu­ ducer ships his milk. Producer receipts cations for pleadings and documents set lates the handling of milk in Wayne in 1957 were approximately 160 million forth in § 1.52, County, which includes the City of De­ pounds. troit, and in portions of the adjoining or At Grand Rapids some dealers served {F.R. Doc. 58-10695; Filed, Dec. 16, 1959; nearby counties of Monroe, Washtenaw, by Michigan Milk Producers Association 8:49 a.m.] Oakland, Macomb, and St. Clair. In ad­ buy their milk at class prices, others on 10208 PROPOSED RULE MAKING a plant requirement basis. This volume throughout the western half of lower have shifted their out-of-area sales from represents only about 40 percent of the Michigafi, as does another Grand Rapids Detroit plants to unregulated plants. A supply. For much of the remainder, an­ handler. Milk from Lansing and Grand handler with Detroit, Valley and Grand other cooperative (Independent Milk Rapids, from the cooperative plant regu­ Rapids bottling plants maintains a dis­ Producers Association of Grand Rapids, lated under the Upstate Michigan order, tribution station at Owosso in Shiawas­ Inc.) negotiates sales with dealers on and from a plant of another cooperative see County from which milk bottled at different plans, but apparently estab­ association in Berrien County are all his Detroit plant had been distributed lishes neither the volume nor the utiliza­ sold in Kalamazo. Milk primarily as­ for considerable time before the Detroit tion of the milk sold on these plans. sociated with Kalamazoo is sold in order became effective. Since that time Grand Rapids milk supplies are esti-' Lansing, Jackson and in the area near the milk distributed from Owosso has mated at approximately 120 million Battle Creek. successively been Detroit milk, Grand pounds annually. These extensive inter-area sales have Rapids milk, Detroit milk again, and is The Kalamazoo Milk Producers Co­ had substantial impact upon the classi­ now milk from the Valley plant. The operative sells to cooperating dealers fied price plains and local association last change was in April 1957 at which approximately 60 percent of the local pools operated in a number of the mar­ time sales, through the Owosso station milk supply on a classified price basis kets. The general effect has been to were 25,000 pounds daily. Some Detroit and distributes returns to its members decrease the volume of Class I sales of producers were later shifted to the Val­ through an association pool. Forty per­ dealers buying on classified price plans ley market but their production was sub­ cent of the local milk supply is bought on and to increase those of dealers procur­ stantially less than the sales volumes varying flat price bases without regard ing their supplies without regard to utili­ lost to Dretroit. Substantial sales vol­ to the use made of the milk. The propor­ zation. A further effect has been the umes in Washtenaw, Livingston and tion of milk bought without regard to negotiation of special sub-classes for Oakland Counties have been lost to the use has increased steadily in recent areas of competition or types of outlets. Detroit pool as vendors formerly sup­ years. The most extensive expansion has been plied by Detroit dealers have changed At Lansing there are no effective bar­ from Lansing, for which no classified their source of supply to Lansing dealers. gaining arrangements between producers price plan applies. The Valley poolpro- Substantial volumes of milk move from and dealers. Paying prices to 683 pro­ vides reduced Class I pricing for milk Detroit plants to outstate plants. In ducers delivering to 11 plants approxi­ sold in specific competitive areas. The 1958 almost 10 million pounds of milk mate the Detroit producer prices at Kalamazoo classified price schedule pro­ was transferred as Class I milk from plants near Lansing, regardless of the vides a 25-cent per hundredweight dis­ Detroit pool plants to ponpool plants not use made of the milk. This makes it count for milk sold to grocery stores regulated under any other order. Such profitable for Lansing dealers to main­ and a further 25-cent reduction for milk movements are almost exclusively to tain the highest possible utilisation. Ex­ sold by the first receiver to another milk bottling plants in the outstate area under cept as the producer members of a plant. At Jackson and Battle Creek, consideration. cooperative association processing and from which local handlers have not en­ There has developed a decided tend­ distributing milk share in income over gaged in extensive inter-area sales, sub­ ency for reserve milk supplies in this operating costs, producers receive no stantial price concessions have been ne­ common supply area to gravitate to the benefit from the high Class I utilization gotiated to meet the competition of milk Detroit pool and for the outstate markets of Lansing plants. from other districts. The Grand Rapids to rely on the Detroit pool for supple­ In addition to the distribution of milk association pool has an equalization ar­ mental supplies in the short season. from these principal centers of popula­ rangement with the Battle Creek pool Two of the cooperatives proposing a tion there are humbers of small plants to compensate for the Grand Rapids separate Central Michigan order operate located in smaller cities and towns whose sales in Battle Creek. While sales from Detroit supply plants in addition to the milk supplies are procured without Re­ outside plants in the City of Flint have bottling plants from which they distrib­ gard to utilization. There is in addition been wholly from a plant in the “Valley” ute milk. Reserve supplies may thus be substantial distribution throughout much area for which price negotiations are on carried in the Detroit pool without of tiie area from the plant of a coopera­ a basis comparable to Flint, the impact sharing Class I sales with Detroit pro­ tive association located in Montcalm of milk purchased at flat prices has been ducers» A number of outstate markets County. This plant is presently regu­ felt in Flint. For some months in 1958 now receive milk only from farmers lated under the Upstate Michigan order a Flint dealer who also operates a plant equipped to make delivery in bulk tank but distributes approximately 60 percent ;in Lansing diverted Lansing producers trucks. In the transition to this form of of its Class I sales in the Southern to his Flint plant, assigned these deliv­ delivery producers delivering milk in Michigan territory. eries to his Class I sales and thereby in­ cans transferred to nearby Detroit re­ Substantial volumes of milk in pack­ creased the surplus milk for which his ceiving plants. During the past two aged form are now sold in sales terri­ Flint producers were paid while the di­ years there has been a substantial in­ tory heretofore associated with each of verted producers were paid at Lansing crease in the production of inspected these cities by dealers from one or more prices. milk in this area of Michigan. Yet of the other cities. There is also ex­ Detroit handlers make substantial for that portion (about 65 percent of the tensive competition in the intervening sales outside the presently defined mar­ total) of the outstate markets for which smaller communities. Milk processed keting area. For such sales they com­ records are available Class I sales have and packaged in Flint is sold in the pete with dealers from the outside mar­ increased faster than producer receipts; “Valley” area and vice versa. Lansing kets. Throughout the “Thumb” area of receipts for 1956 were 136.5 percent of milk is sold in the “Valley” area, Grand Sanilac, Lapeer, Tuscola and Huron sales, 130.8 percent in 1957 and 126.5 for Rapids, Jackson, Battle Creek and Kala­ Counties a regulated handler whose plant the data available for 1958. Detroit re­ mazoo, and near, but not in, the City of is in Port Huron competes with Flint ceipts, on the other hand increased from Flint. One handler with bottling plants and Saginaw Valley dealers and markets 139.4 percent of sales in 1956 to 144.9 in in Detroit, Lansing and Flint formerly 38 percent of his Class I sales in these 1957 and 152.2 in 1958. operated a plant in Grand Rapids, but counties." Other Detroit handlers also The rapid development of long dis­ now serves his Grand Rapids trade from distribute milk in the “Thumb” area, tance sales distribution has outdated the his Lansing plant. A substantial number Genesee County, Livingston County and local market concept upon which nego­ of producers that formerly delivered to the unregulated portions of St. Clair, tiated class prices and association pools the Grand Rapids plant now deliver their Macomb, Oakland, and Washtenaw have operated in certain of these popula­ milk to the Lansing plant. Counties. One such handler has daily tion centers. The lack of any bargain­ Grand Rapids handlers recently have sales in this area in excess of 30,000 ing arrangements in some local markets, extended greatly their area of distribu­ pounds; another dealer sells 16,000 the volume of milk not affected by the tion, principally through chain store pounds daily. arrangements in other local markets and sales. One Grand Rapids dealer now Except in the “Thumb” area, compe­ diversity of producer representation pre­ serves stores in Livingston and Oakland tition between Detroit and outstate han­ clude voluntary establishment of uniform Counties adjacent to the present bound­ dlers has tended to concentrate nearer bargaining and pooling arrangements for ary of the Order No. 24 marketing area. to the present marketing area boundary. wider areas recognizing present sales In addition this handler serves stores Handlers with multiple plant operations patterns. Organized producer groups Thursday, December 17, 1959 FEDERAL REGISTER 10209 without exception support the proposal ids and Kalamazoo dealers compete for All milk sold for fluid consumption in for minimum price regulation in this milk supplies with Muskegon handlers. Michigan must riieet the farm and plant area. Handler opposition was largely There is likewise considerable com­ inspection standards of the Michigan confined to dealers in smaller commun­ petition for sales with Federal order Milk Law, Act No. 169, P.A. 1929. Any ities. markets other than Detroit. Toledo, milk sold under a Grade A label must It would be impossible to establish any Ohio, handlers extend their routes into also meet inspection standards of the realistic separate marketing area bound­ the vicinity of Jackson and Battle Creek State Grade A milk law, Act No. 216, aries for the outstate markets and the and a Toledo handler distributes milk in P.A. 1956. While local county and mu­ Detroit market which would not provide Livingston County. Certain Grand Rap­ nicipal governments may and do adopt for substantial sales of Detroit handlers ids and Kalamazoo dealers sell milk in local milk' ordinances these cannot be in the proposed Central Michigan mar­ the Muskegon marketing area in quan­ in conflict with the state laws. From 85 keting area. Regulation of the outstate tity sufficient^to bring them under par­ to 90 percent of the milk distributed in areas, in whatever form, provides op­ tial regulation of the Muskegon order. the proposed Central Michigan area is portunity for outstate dealers to market Two of the Grand Rapids dealers like­ sold under the Grade A label, While De­ milk in the Detroit area without incur­ wise market milk in the Upstate Michi­ troit dealers have not begun use of the ring additional regulation. This actual gan marketing areas as does one Lansing Grade A label to this extent, the Detroit and potential sales competition and the dealer. The plant of the Dairyland Co­ ordinance has recently been amended to common supply area require that most operative Association at Carson City is incorporate the farm and plant inspec­ provisions of any regulation applicable in fully regulated under the Upstate Mich­ tion standards of the State-Grade A law the outstate area be the same as those for igan order, but a substantially greater and 96.5 percent of the Detroit farm sup­ Detroit, and that class prices at outstate volume of the Class I sales of this plant ply had qualified under Grade A stand­ points be closely integrated with those are made in the proposed Central Mich­ ards at the date of the hearing, so that applicable at Detroit plants. The issue igan area. Handlers regulated under the practically the entire Detroit supply with respect to a separate Central Mich­ South Bend-LaPorte-Elkhart, Indiana, could be distributed under a Grade A igan order versus extension of the press­ order compete for sales in Berrien label. ent Detroit area is whether distribution County with the Berrien County Co­ Milk from the Valley pool is now sup­ to producers should be divided into two operative, which also has sales in plied to the only handler whose plant is pools or be through a single pool. Kalamazoo. located in Clare. This dealer has-dis­ The substantial sales competition Substantial volumes of milk inspected tribution in Midland, and also receives throughout the area and the common for the area are manufactured into dairy milk in paper packages, from the Dairy- co-extensive supply area leads to the products sold outside the State of Mich­ land Cooperative plant at Carson City. conclusion that in Southern Michigan igan, when not needed for fluid distribu­ Under these circumstances it is appro­ there is a single market supplied from tion. priate that two townships in Clare a single supply area practically co-exten­ The handling of milk in the additional County surrounding the City of Clare be sive with the market. Under these cir­ area proposed for regulation is in the included in the area. Inclusion of two cumstances producers should share current of interstate commerce or di­ townships (Lincoln and Standish) in equally in the returns of the entire mar­ rectly burdens, obstructs or affects inter­ Arenac County is appropriate to include ket. It is concluded there should be a state commerce in milk or milk products. the City of Standish located near the single regulation for the Southern Mich­ (c) Specific area to be included. TheBay County line and the City of Pincon­ igan marketing area hei*einafter defined, specific area to be included in the ex-' ning in Bay County. It is estimated that and that this should be accomplished by panded marketing area, to be redesig­ two Saginaw dealers and the Carson City appropriate amendment of Order No. 24. nated the Southern Michigan marketing plant distribute 85 percent of the milk in Stability of marketing conditions can area, should include the counties of this area. be assured only when (1) all handlers in Barry, Bay, Calhoun, Clinton, Eaton, The marketing area should not be ex­ the entire area pay for their milk sup­ Genesee, Gratiot, Huron, Ingham, Ionia, tended at this time to include the four plies on the basis of use, at prices uni­ Isabella, Jackson, Kalamazoo, Kent, townships in Monroe County not now in form except for necessary adjustments Lapeer, Livingston, Macomb, Mecosta, either the Toledo or Detroit marketing for location of receipt and butterfat con­ Midland, Montcalm, Oakland, Saginaw, area. There appears to be no significant tent, (2) such use is verified by impar­ St. Claif, Sanilac, Shiawassee, Tuscola, distribution of milk not subject to price tial audit, (3) producers supplying all Washtenaw and Wayne; the townships regulation in these townships. handlers receive uniform prices for their of Dorr, Leighton, Hopkins,. Way land, The proposal to include the portion of milk without regard to the use made of Watson, Martin, Otsego, and Gunplain Lenawee County not now in the Toledo it by the handlér receiving such milk, in Allegan County; the townships of Lin­ marketing area should likewise be de­ subject to similar adjustments, and (4) coln and Standish in Arenac County; the nied. There is little if any unpriced milk accurate information as to the total townships of Grant and Surrey in Clare sold in Lenawee County. The principal receipts and sales is provided to all inter­ County; the townships of Ash and Berlin basis upon which its inclusion in the De­ ested parties. Inclusion of the area in in Monroe County; and the townships of troit area wae urged was to eliminate thè a milk marketing order will provide the Wright, Tallmadge, Georgetown and producer location adjustment applicable only practicable means of achieving Jamestown in Ottawa County; all in the at a Detroit pool plant. Retention of lo­ these needs. State of Michigan. cation adjustments at other supply Cb) Character of commerce. The The area thus defined would include plants was a factor in limiting the area handling of milk in the outstate areas (1) the present Detroit marketing area, included in other proposals. As indi­ to be brought under regulation affects C2| the “Central Michigan” marketing cated elsewhere in this decision, consid­ and is affected by interstate commerce area proposed by the six cooperatives, eration must be given to location adjust­ as is the present Detroit Federal order (3) all territory intervening between the ments within the boundaries of a mar­ market. present marketing area and the proposed keting area as extensive as Southern There is considerable competition for Central Michigan marketing area, and Michigan. The provisions recommended milk supplies between these outstate (4) two townships each in Arenac and with respect to location adjustments markets and other Federal order mar­ Clare Counties. The extent is almost lessen need for consideration of includ­ kets. Supply plants for the Cleveland 19,000 square miles and the popula­ ing Lenawee County in the marketing market are located at Coldwater and tion is in excess of 6.25 million people. area and likewise permit inclusion of certain other areas in which Detroit Constantine, Michigan, for which pro­ This represents the principal area within curement routes compete for supplies supply plants are located. which dealers serving Detroit, Ann Ar­ Sales in Hillsdale and Branch Coun­ with routes for Battle Creek, Kalamazoo bor, Pontiac, Port Huron, Flint, the Sagi­ and Detroit. A Chicago supply plant at ties by handlers to be regulated are not Zeeland competes with Kalamazoo, naw Valley area, Lansing, Jackson, Battle sufficiently substantial to require their Grand Rapids and Detroit for milk sup­ Creek, Kalamazoo and Grand Rapids inclusion in the marketing area at this plies. Procurement routes of Toledo, compete with each other and with local time. In addition to that Of Toledo han­ Ohio, handlers extend into the south­ plants serving the intervening smaller dlers there is distribution in these coun­ eastern portion of the area. Grand Rap- communities of the area. ties by some Indiana dealers. While 10210 PROPOSED RULE MAKING

there was a specific proposal for inclu­ markets. Such plants are presently op­ Should such a handler choose to forego sion of two townships in Branch County, erated at Saginaw and Grand Rapids this comparison and pay at the difference no evidence was offered to distinguish by the Michigan Milk Producers Asso­ between class prices on his in-area sales, marketing conditions in the two town­ ciation. The proponents of the separate the verification required is reduced ships from the remainder of the county, order for the Central Michigan area materially and it is appropriate that the The three southwest Michigan counties proposed to afford such plants pool status expense of administration apply only to of Berrien, Cass and Van Buren should on the basis of performance of the co­ the volume of in-area sales. Accord­ not be included. One plant located in operative in supplying member milk ingly, it is provided that the handler Berrien County will be regulated by vir­ direct to the pool plants of other han­ may elect this option at the time of filing tue of sales in and near Kalamazoo. This dlers. Under the Southern Michigan his report. plant is operated by the Berrien County order these particular plants may be Conditions for qualification of supply Milk Producers Cooperative, a proponent pooled as supply plants under the aggre­ plants for pool status should be retained of regulation in the Central Michigan gate performance or “system” provisions as presently provided except that the area. The principal distribution of this to be retained in the order. Provision required health authority plant ap­ cooperative in Berrien, Cass and Van should be included, however, to afford provals should be broadened from those Buren Counties is, however, from an­ pool status to plants of other cooperative of Detroit, Ann Arbor, Pontiac, Port other plant. There is substantial compe­ associations rendering similar services Huron, and Wayne County to that of tition in this area from milk priced un­ under similar circumstances. To qualify any appropriate health authority of the der the South Bend-LaPorte-Elkhart and, such a plant the cooperative association marketing area. It is to be expected Chicago orders. A bottling plant located that operates it must deliver at least most supply plants will continue to at Niles in Berrien County is regulated two-thirds of the milk of its members to qualify on shipments to the Detroit area, under the South Bend-LaPorte-Elkhart pool plants of other handlers. While but provision should be made to price order. While Kalamazoo dealers sell the present need for any such operation and pool those plants that may« make some milk in these counties, the volume is in connection with supplies of the the required shipments to distributing represents a minor proportion of the principal outstate cities, the provision is plants in other parts of the area. total sales. not so limited. The definition of “handler” should be Neither should Newaygo County be in­ The Kalamazoo Creamery Company modified to include \ a cooperative asso­ cluded. A local dealer in this area with operates a dual plant operation at Kal­ ciation with respect to milk of its pro­ ten producers competes with both amazoo, Michigan, which has historically ducer members which is delivered to a Muskegon and Grand Rapids dealers. served as a surplus disposal outlet for pool plant of another handler in a tank His procurement practices were not the western portion of the enlarged truck owned, operated by, or under con­ shown to be a demoralizing factor. Like­ marketing area in addition to selling tract to the cooperative association for wise no need was shown for extending fluid milk on routes. Substantial vol­ the account of the cooperative associa­ regulation to Iosco County or to the re­ umes of milk are diverted to the manu­ tion. maining portions of Arenac and Clare facturing facilities of this plant by co­ The transportatioh of milk from farm Counties. operative associations, particularly the to market in insulated tank trucks II. Order Provisions. m Kalamazoo Milk Producers Cooperative, owned, operated by, or under -contract (a) The scope of regulation— (1) which operates no plant of its own. Ih to, a cooperative association creates a Milk to be regulated. With relatively order that the orderly marketing of milk problem with respect to the determina­ minor modifications the provisions of the in portions of the area may not be in­ tion of the responsibility to the individ­ present Detroit order defining producers terrupted it is provided that the receipts ual producer in the expanded area, if whose milk is to be priced and pooled to which the required percentages of the cooperative association is not made a and pool plants subject to full regula­ route distribution apply in the case of a handler for such milk. This problem tion of the order are appropriate for the distributing plant shall not include re­ would be particularly acute with respect expanded area. ceipts which a cooperative association to the Battle Creek and Kalamazoo mar­ A “producer” is now defined as any that operates no milk plant identifies as kets. In the case of the Battle Creek dairy farmer whose milk is received at diverted from other pool plants for market, all the producers delivering to a pool plant or is diverted from a pool manufacturing use if the total volume of the Battle Creek handlers are bulk tank plant to a nonpool plant for the account such certification does not exceed one- shippers and the transportation from of a handler. For the expanded area third of the cooperative association’s farm to plant is controlled by Michigan it is desirable that ih addition the term milk supply. Unless this is provided the Milk Producers Association. The han­ “producer” should be restricted to those regular receipts for fluid use of plants dlers have no knowledge of the identity dairy farmers producing milk in con­ providing the services of surplus disposal of the individual producers from whom formity with the sanitation requirements for cooperatives operating no plant they receive milk, nor of the weights and for fluid milk of any duly, constituted might not be pooled but the diverted tests of milk of individual shippers. The health authority. This will prevent milk could retain pqoI status. The cooperative association maintains such pooling uninspected milk receipts of dual volume limitations provided are identical information for its member shippers, but plant operations which are not so seg­ with those for standby plants operated the handlers know only the volume and regated physically and in accounting by cooperative associations. test of the truckload. The handlers pay practices as to enable them to be treated The Detroit order provides that a non­ the cooperative association on the basis as separate operations. pool handler with route distribution in of use. The Kalamazoo market operates Distributing plants with route distri­ the marketing area pay the difference in a similar manner. This situation bution of Class I milk in the marketing between the Class I and Class n prices prevails not .only in these districts but area are presently regulated as pool on his in-area sales or any amount by has been a market custom in other por­ plants (1) if located in the marketing which such handler has failed to pay his tions of the enlarged marketing area. area or if they have daily average dis­ dairy farmers the use value of all milk When a cooperative association is in tribution on routes entering the area at order prices, whichever is less. Ex­ control of the transportation, it is more of 600 pounds or more, and (2) if spec­ pense of administration is assessed on appropriate to permit the cooperative as­ ified percentages (55 in October through the volume of his in-area sales. Obvi­ sociation to qualify as a handler under March, 45 in other months) of receipts ously, comparison of the classified use the order and to report milk so handled. from producers and supply plants are values^of all such a handler’s receipts with In such case the cooperative association disposed of on routes either within or respect to the payments made to dairy will report to the market administrator without the marketing area. The 45 per­ farmers involves fully as much verifica­ the producers, the quantity of milk so cent requirement does not apply to tion of receipts and utilization by the handled and the aggregate disposition of plants which qualified each month of the the milk. Accounting for the disposition preceding October-March period. market administrator as is required at of the milk will be handled in the same Provisions should also be made to, a, fully regulated pool plant. The non­ manner as presently provided for trans­ qualify as pool plants standby plants pool handler should, therefore, be sub­ fers of bulk milk from a cooperative operated by cooperative associations as ject to the same administrative assess­ association plant to the pool plant of adjuncts of their function of supplying ment if he is to receive the benefit of this another handler. Classification is estab­ direct-shipped milk to the outstate comparison. lished on the basis of utilization as pro- Thursday, December 17, 1959 FEDERAL REGISTER 10211 ducer milk in the receiving plant, and sources. Sweet cream distributed in Inventories of fluid milk products on settlement is made to the cooperative as­ fluid form in the outstate markets is hand at the end of the month should sociation at the base milk price. The co­ from inspected sources. There is evi­ be classified as Class II. operative association will be required to dence, however, that whipped (aerated) Handlers have inventories of milk and make monthly reports and make pay­ and sour cream are widely distributed milk products on hand at the beginning ments to the administrative fund with without being from locally inspected and end of each month which should respect to such milk. sources. enter into the accounting for current re­ It was proposed that a producer- In view of the requirement that fluid ceipts and Utilization. It is appropriate handler be pooled if his average daily sweet cream disposed of for consumption that the ending inventory of fluid milk production exceeded 1,075' pounds per as such be from inspected milk, the ex­ products be classified as Class II. This day. It appears, however, that the prin­ tra cost of producing sucja milk should manner of classifying inventory, with cipal objective sought to be achieved by be reflected in the cost of cream as a correlated steps in the allocation proce­ the volume limitation is provided for by Class I product. Since Class I arid II dure, provides a means of charging each the requirement that a producer-handler butterfat differentials of the order are handler for his Class I sales each month utilizes only his own production or milk identical the additional cost is largely a at the current Class I price. Fluid milk received from pool plants. Milk trans­ skim milk cost. products, whether in bulk or packaged ferred from pool plants to a producer- In view of the widespread distribution form, should be inventoried and classi­ handler is classified as Class I. It follows of whipped cream and sour cream fied as Class II. Manufactured milk that, any supplemental milk will have to through channels outside of the normal products are not included in inventory be pooled and will not represent a non- fluid milk trade these cream products accounting because the skim milk and regulated source of supply to the pro­ are classified as Class H utilization. It butterfat used for such products are ac­ ducer-handler. Therefore, it is con­ is not provided that distribution of bulk counted for in the month when such cluded that change in the present cream alone will subject a plant to reg­ products are manufactured. producer-handler definition should be ulation. Uniformity in the application of the limited to requiring the producer-han­ The extent to which cream in bulk pricing provisions and simplicity of ac­ dler to furnish evidence to the market form is moved for manufacturing pur­ counting are achieved if, so far as pos­ administrator that the production and poses requires different rules of classi­ sible, Class I utilization each month is processing facilities are his own personal fication of cream transferred to nonpool assigned to current receipts of producer enterprise and risk. plants from those now effective with milk. This can be accomplished by clas­ “Fluid milk product” is defined in the respect to movements of milk and skim sification of closing inventory as Class order because frequent references are milk. There are currently no transfer II, and allocation of opening inventory made to this group of products. The rules with respect to cream, since any to Class I only when current receipts of products specified in the fluid milk prod­ disposition is Class II utilization. pool milk (except Class n shrinkage) are uct definition are milk, skim milk, Bulk cream transfererd to a nonpool less than Class I sales. In such case, flavored milk, buttermilk, yogurt, half plant should be Class I unless the han­ the handler should pay the difference and half and cream (exclusive of frozen, dler claims Class II utilization and (1) between thè Class n price for such milk whipped (commonly referred to as such nonpool plant is located in Penn­ in the preceding month and the current “aerated”) and sour cream ). sylvania, New Jersey, New York or one Class I price. The volume on which this The term “other source milk” should of the New England states, or (2) the charge is made should not exceed the be defined as all the skim milk and but- market administrator is permitted to volume (in excess of Class H shrinkage) terfat contained in fluid milk products audit the records of receipts and utiliza­ for which producers were paid at the received by a handler at his pool plant tion at such nonpool plant and the plant Class n price in the preceding month. except producer milk and receipts from has at least an equivalent amount of Any opening inventory of fluid milk other pool plants. This definition would skim milk and butterfat in Class II utili­ products subtracted from Class I in ex­ also include milk products, other than a zation. Retention of Class II classifica­ cess of the volume of producer milk clas­ fluid milk product, from any source (in­ tion of cream shipments to plants in sified as Class II in the preceding month cluding those produced at the pool plant) these eastern states will allow handlers should be subject to a reclassification which are reprocessed or converted into who have established cream accounts charge, if such milk was not classified another* product in the plant during the to remain competitive in these markets. and priced under another order issued month. Products neither converted nor With the single exception of New York pursuant to the Act. reprocessed will not be subject to the City for which no Michigan cream meets It was proposed that packaged Class I allocation and pricing provision of the inspection requirements, fluid cream is milk classified and priced under another order because they will in no way affect priced in a class comparable to the Federal order be allocated to Class I in the allocation or pricing of producer milk Southern Michigan Class II under all the proposed Central Michigan order. in the plant. Products' reprocessed or Federal orders in these states. There is, A handler proposed this provision to ac­ converted should be treated as other therefore, no need for the market ad­ commodate integrated operations of source milk regardless of whether re­ ministrator1 to verify manufacturing use plants which would have been regulated ceived from outside sources or produced of cream shipped to this area. Cream under both the Central Michigan and in a pool plant. This definition of other moved to a nonpool plant other than Detroit orders. In view of the findings source milk will insure uniformity among those located in the above mentioned that one order should regulate the all handlers under the allocation and states is moved primarily for surplus Southern Michigan area there is no need pricing provisions of the attached order. disposal into manufactured products. for such an allocation provision. It is (b) The classification and allocation ofIf the nonpool plant had at least an therefore denied. m ilk' With certain modifications dis­ equivalent amount of Class n utilization (c) Determination and level of. class cussed hereafter in detail the classifica­ to cover the shipment of cream and the prices— (1) Class 1 price. The basic tion, transfer and allocation provisions market administrator could verify it, the formula price and the Class I price dif­ of Order No. 24 are appropriate for the cream so transferred would be Class II. ferentials of Order No. 24 should con­ expanded marketing area. The majority of the cream transferred tinue to be used under the order for the The state laws cited previously result, to nonpool plants will be for manufac­ enlarged area, subject to the supply- in substantial uniformity throughout the turing purposes, therefore, it is ribt demand and location adjustments dis­ area in the products which are required appropriate to apply the same transfer cussed hereafter. Class I differentials to be from inspected milk. The fluid provisions to cream as are applied to of $1.23 for the months of February through July, and of $1.63 for other milk products defined represent the sub­ milk and skim milk. In addition, provi­ stantial volume of such products. The months, are now added to a basic for­ sole controversy with respect to any such sion should be included to classify as mula price which is the highest of the Products Was related to fluid cream, Class II utilization all fluid milk products average paying price of 12 midwest con- which is presently classified as Class n disposed of in bulk form to commercial denseries, a butter-powder formula price utilization in the Detroit order. The food processing establishments for use in and the‘paying price of the Michigan revised Detroit health ordinance requires food products prepared for use off the plants that determine the price for Class that sweet cream be from inspected premises. H milk. 10212 PROPOSED RU1E MAKING

A proposal to include as an alternative circumstances likew ise cannot be to establish the “norm” for comparison basic formula price a formula price based determined. with actual utilization in the most re­ on market values of cheese and butter It is concluded that the normal sup­ cent two-month period. should not be adopted. Use of this basic ply level at which no adjustment would Under the provisions described, a pe­ formula price was advocated on the basis occur should remain the 136.7 annual riod of twenty-six months must ensue that it was included in the pricing mech­ average. While at the present Class I before all required data based upon ex­ anism of the order for the nearby utilization in the outstate territory perience under the expanded order are Toledo market. Official notice is taken added is substantially less than that of available. Such a period is too long to that by amendment of the Toledo order the present order pool, data available defer all provisions fbr supply-demand since the date of the hearing the cheese- with respect to earlier periods indicates adjustment of the Class I price. In view butter formula is no longer used in that that when, annual supplies in the Detroit of the period for which superpool prices order. It is also concluded that the pool approximated the established “nor­ have negated the effects of the present paying prices of the Michigan plants mal” percentage, supply conditions in provisions some period for which no ad­ listed in the order should be used rather the outstate area Were substantially the justment is provided is appropriate to than the paying prices of a slightly dif­ same as those in Detroit. It is within afford a possibility that adjustment may ferent list of plants proposed for the the past two to three years that consid­ be based on results of the order pricing Central Michigan order. No significant erable divergence in utilization has de­ to which it is to be applied. It is pro­ differences in the level of prices paid by veloped, principally by increase in vided that for the first six months the the two groups of plants was shown. Detroit supplies but also by substantial adjustment shall be inoperative. For There was no proposal to change the decrease in the relation of outstate the additional eight-month period for Class I differentials of the order. In ­ market supplies to sales. It is evident which a full year’s receipts and sales stead the Detroit differentials were pro­ that the normal supply sales relationship of the enlarged market area cannot be posed for the Central Michigan order. for the expanded market will be accu­ compared with utilization in more than The annual average differential of $1.43 rately reflected by the present annual one two-month period the rate of ad­ is in reasonable alignment with those norm (which was computed before the justment- should be modified from the of the Chicago (90 cents) and Cleveland supply transfers of the last few years rate of three cents per percentage point ($1.65) orders, considering the distances took place). These circumstances justify of deviation to one-cent for the 7th between the markets and costs of trans­ the conclusion that the annual average through the, 10th month and two cents porting milk such distances. The an­ level of supply considered normal under for the 11th through the 14th month. nual average ($1.45) of the Class I the present order is likewise appropriate Normal percentages averaging 136.7 per­ differential of the nearby Toledo market under the order for the expanded area. cent are stated in the order for use is now in close alignment with this dif­ As soon as sufficient experience under during .this period. These reflect recent ferential. Toledo handlers sell consider­ the expanded order provides necessary seasonal experience of the Detroit mar­ able milk in competition with dealers data the “two-month” normal percent­ ket with some modification for the sea­ now regulated and to be regulated, some ages used to reflect the necessary sea­ sonal pattern of utilization in the of which is sold in the Southern Mich­ sonal variation from the 136.7 percent outstate markets for which data are igan marketing area. annual average should be determined available. For the period from the 15th Subject to certain interim provisions from recent experience. Changes in the through the 26th month the three-cent necessary to incorporate in an orderly seasonal pattern of utilization are taking rate is applicable but it is provided that manner the substantial sales and receipts place in the market as producer numbers the stated norms shall be averaged with of the additional territory added, the decline but production per farm increases seasonal experience developed under the Class I price should be adjusted on the much more rapidly. Changes in the sea­ order for the most recent 14 months. basis of the supply-sales relationship sonal pattern of utilization have not been (2) Location adjustments. The Class in the most recent two-month period. as great in this as in some other areas I price should be adjusted for the loca­ The Class I. price should be increased but are of significance. When viewed on tion of the plant at which milk is re­ when the most recent two-month period a calendar year basis the constantly in­ ceived from producers. Adjustments are data indicate that the annual average creasing ratio of supplies to sales that provided in the present Detroit order, level of supply is less than 136.7 percent has occurred since 1956 exaggerates the for Class I milk received at plants out­ of Class I utilization. This is the average extent to which changes in seasonality side the marketing area and more than of the monthly normal percentages have occurred. These seasonal changes 34 miles from the Detroit City Hall (or presently incorporated in the order. have likewise had the effect of decreas­ in certain instances the boundary of the Likewise it should be decreased when in­ ing the relative ratio of supplies to sales marketing area). The rate of such ad­ dicated supplies exceed the 136.7 per­ in early months of the year as compared justments is 14 cents per hundredweight cent figure. Instead of stated seasonal to fall and early winter months, but to for the 34-50 mile zone, 15 cents for the norms seasonal experience of a recent a lesser degree than the calendar year 50-70 mile zone and one-cent additional period should determine the seasonally comparison would indicate. for each 20 miles or fraction thereof over adjusted normal percentages with which In order that supply-demand adjust­ 70 miles. utilization in the current two-month ment of the Class I price for the order Proponents of enlarging the Detroit period is compared. The maximum for the expanded area may reflect as order and of the Central Michigan order range of adjustment should be 45 cents, soon as possible recent seasonal patterns proposed that no location adjustments as presently provided in the Detroit of utilization of the milk to be priced, apply within the respective marketing order. provision should be made to use this ex­ areas. Accordingly, the Michigan Milk As indicated elsewhere in this decision perience as soon as practicable without Producers Association’s proposal to en­ milk supplies in the Detroit market have introducing substantial random variation large the marketing area omitted certain increased substantially in recent years, or errors due to non-seasonal trends of areas in which Detroit supply plants are both in total and in relation to Class I supplies or sales. To do this the utiliza­ presently located. Price relationships utilization. Since April 1956 negotiated tion percentages (ratio of supplies to between plants located near each other “superpool” prices have been in effect in sales) in the immediately preceding two- and regulated under the same or com­ the market. As a conséquence the sup­ month period and of the same periods panion orders cannot be ignored regard­ ply-sales relationship presently prevail­ one and two years earlier should be less of marketing area boundaries. Ac­ ing cannot be used as a basis for judging averaged and compared to the utiliza­ cordingly, the marketing area described effects of the level of Class I prices es- tion percentage of the two-year period elsewhere in this decision was deter­ tablishedunder the order. Such prices beginning with the 25th preceding mined on the basis of factors other than have not been the effective prices of the month and ending with the 2d preced­ location of present Detroit supply plants. market. It is impossible to estimate ing month. This will thus provide a Of 20 such plants 16 are located in that what supply conditions at any given comparison of the average two-month area. Three others are located near the time might be had order prices been ef­ utilization at approximately the begin­ area boundary. fective. Since such supply conditions ning, center, and end of a two-year Price relationships between the var­ in turn determine the amount of supply- period with that of the two-year period. ious portions of this extensive area from demand adjustment, the order prices The relationship thus established would which both Detroit and the outstate that would have prevailed under such be applied to the annual average of 136.7 cities draw their supplies present an ex- Thursday, December 17, 1959 FEDERAL REGISTER 10213 tremely complex problem. At a number cents, respectively. The 20-cent zone is th ro u g h September. For the four of outstate points Class I prices at the restricted to area extending westward to months of October through January, full f .o.b. Detroit level (including "super- or toward Lake Michigan from the mar­ twenty cents per hundredweight is pool” prices) have been negotiated al­ keting area. For plants located outside added to this price. though in many such cases not applicable this zoned area and more than 50 miles The proponents of the Central Michi­ to comparable classification. The same from the Detroit City Hall present rates gan order proposed that the Class II producers' organization that has nego­ of adjustment apply. price be the same as the Detroit Class tiated these outstate prices is responsi­ The differences provided by these zone II price, except for a slightly different ble for movements of the majority of rates are appropriate to recognize dis­ list of manufacturing plants and elimi­ milk from supply plants to Detroit tances from Detroit, concentrations of nation of the 20 cents in the months of plants. population and the extent to which October through January. The Michi­ It is. obvious that differences as great nearby production exceeds local demand. gan Producers Dairy Company proposed as the present initial location adjust­ It is concluded that they should be that a credit of 20 cents per pound on ment of 14 cents are not appropriate be­ applicable to the price of Class I milk skim milk and one-half cent per pound tween bottling plants within short dis­ and to payments to producers for base of butterfat on all the skim milk and tances of each other. Prices 15-20 cents milk or at the uniform price. A more butterfat used to produce nonfat dry less than the Detroit price are appro­ equitable pattern of producer pricing milk and butter during the months of priate at plants in western Michigan, will result if no location adjustments October through January. Certain han­ where procurement and sales competi­ apply to the excess milk price. The ex­ dlers proposed the deletion of the 20 tion with Chicago, South Bend-LaPorte- cess milk price has been 17 cents above cents during, the months of October Elkhart and Muskegon dealers justifies the Class II price but subject to location through January. a lower price level. The Muskegon Class differential. It is provided herein that The-posted paying prices of the Michi­ I differentials average $1.25 or 18 cents the excess milk price shall be the Class II gan plants have been the elective Class less than that provided at Detroit. price without location differentials. II price making factor each month from In the attached order the marketing The location adjustments provided by September 1956 through August 1959. area and certain adjoining or nearby this zoning system are somewhat less While the plants included in this list Michigan counties are divided into six than those applicable under present are representative of manufacturing op­ zones. -A number of exceptions were mileage rates at Detroit supply plants. erations in the lower peninsula of Michi­ received to the specific boundaries and The record indicates that in many areas gan, the posted paying prices used are adjustment rates proposed in the rec­ producers can increase their net returns not representative of the actual prices ommended decision. As the result of a by bulk deliveries direct to Detroit plants. paid for manufacturing milk. Manufac­ careful review of the record evidence in Cost of delivery from the farm to supply turing plants in this area quite generally the light of such exceptions, it is con­ plant combined with the location adjust­ pay premiums over posted pay prices. cluded that certain modifications of the ment exceeds the direct haul from farm Testimony at the hearing would indicate area boundaries and rates are appropri­ * to Detroit. As a consequence a number that such payments equal or exceed on ate. In addition to the present market­ of Detroit supply plants have closed in the annual average the 6.7-cent average ing area, the first zone, for which no recent years. It was proposed that the effect of the 20-cent addition for four adjustment is provided, includes those producer adjustment be reduced six months. portions of Macomb, Oakland, and St. cents per hundredweight at all supply The record contains prices reported Clair Counties added to the marketing plants, without change in the handler paid by Michigan plants for milk used area, that portion of Monroe County not adjustment. In certain exceptions re­ for evaporated milk and also for milk in the marketing area (but most of which ceived which advocated reductions of the used in butter and creamery by-prod­ is in the Toledo marketing area), Gene­ rates of adjustment proposed in the rec­ ucts. Official notice is hereby taken of see County and the principal portions of ommended decision a request was in­ reports of such prices published by the Bay and Saginaw Counties. In this cluded that the difference between the Department since the hearing. For 1958 densely populated area extending rates requested and those now in the the posted paying prices of the plants through Detroit and Flint to Saginaw order be allowed from the pool with named in the order averaged 7.7 cents Bay it appears that a Single Class I price j respect to milk moved from supply plants less than the prices reported paid by will best promote orderly marketing ' to the Detroit area. To accede to this condenseries and 4.2 cents less thaq those conditions. request would establish a different cost reported paid by creameries. For the Zone II, for which a Class I price 7 for Class I milk moved in bulk to Detroit first five months of 1959 the posted plant cents less than the Zone I price is pro­ from that effective for Class I milk proc­ prices averaged 7.0 cents less than the vided, will include Ingham, Jackson, essed and packaged at the plant at condensery prices and 5.8 cents less than Livingston, and Lenawee Counties and which received in the same area. The the Creamery prices. These comparisons portions of Hillsdale, Lapeer, and Wash- order should provide a uniform price for are at the average tests of milk reported tenow Counties, i t represents essen­ all milk utilized as Class I milk that is received by the condenseries and cream­ tially- the territory exclusive of Bay received at any given location. The eries, respectively, with the posted pay­ and Saginaw Counties for which a 6- average rate of adjustment provided ing prices adjusted by the order Class cent adjustment was proposed in the herein at present Detroit supply plants II differential. Therefore, with the 20- recommended decision, plus the Lansing is somewhat less than that of the present cent addition in four of . twelve months and Jackson markets and the southern rates, but not as low as proposed in a the Class H price of the order is in good portion of Lapeer County, all proposed number of exceptions received. alignment with prices paid in the area for inclusion in a 10-cent zone. Com­ The Detroit order presently provides for manufacturing milk. petitive sales and procurement relation­ that with respect to movements from For 1958 the Detroit Class II price ships require modification of the rates supply plants to distributing plants ap­ averaged $3,015 as compared with a Class in the Lansing, Jackson, and Lapeer plicable location adjustments are cred­ H I price of $3.01 under the Cleveland County area corresponding to that made ited to the transferee handler rather order. This class does not include cot­ in the Flint area. The southern portion than the handler receiving the milk from tage «cheese, one of the higher valued of Sanilac County and western tip of producers. Administrative convenience products to be retained in Class n under Huron County are changed from a 15- and the custom of the market make it the Southern Michigan order. cent proposed rate to the 10-cent zone in desirable that this practice be continued. In view of the above facts the Class response to exceptions received. A 12- (3) T he Class II m ilk price. j The pro­II price as now determined in thé Detroit cent zone is provided for the eastern por­ visions for pricing Class H milk should order is an appropriate value for milk tion of the rather extensive area for not be changed. used in manufacture of dairy products which a 15-cent rate Was proposed in the The Class II milk price, since Sep­ and should be used to determine the recommended decision and minor adjust­ tember 1956, has been the higher of the - Class II price in the amended order. ments are made in the boundary between average paying prices of certain Michi­ Official notice is taken that there was the 15- and 20-cent zones. gan milk manufacturing plants or a further consideration of Class II pricing The six zones provided thus represent butter-powder formula price less 18.3 at a public hearing held September 10, adjustments of 0, 7, 10, 12, 15, and 20 cents for the months of February 1959, and that the order was amended, No. 245------4 10214 PROPOSED RULE MAKING

effective November 1, 1959, to reduce by their members can of course accomplish ited, as was suggested by testimony at the 10 cents p er hundredweight the Class II this under their reblending privilege. hearing, by the number or percentage of price for milk used to produce nonfat Provisions for payments to other pro­ producers supplying the plant that are dry milk, butter and American cheese^ ducers without established bases and represented by the association claiming for the months of November 1959 those producers who elect to relinquish payment. Exceptions to the accuracy through January 1960 only.' In the de­ their bases should also be modified by of membership claims are subject to cision issued October 21, 1959, it was providing that such producers shall be the determination of the market ad­ found that continuation of the factors paid at an adjusted uniform price until ministrator. justifying this amendment could not be they have established or reestablished As indicated-elsewhere in this decision predicted from the evidence received, a base by deliveries in the August-De­ payment by a handler to a cooperative and that accordingly the effectiveness of cember period. For this purpose the association for milk transferred from an the amendment should be limited to the uniform price would be reduced by a association operated pool plant and for immediate period ending January 1960. percentage (seasonally varied from 5 milk for which the cooperative* associa­ The amended order attached hereto will percent for August-December to 50 per­ tion is a handler by virtue of operation not be made effective before expiration cent for April-June) of the difference of a bulk tank route should be made at of the temporary amendment. between the uniform and excess prices the base milk price. The date of such (d) Distribution of returns to produc­computed under the order. Such provi­ payment should likewise be two days ers— (1) Type of pool. No proposal was sions have proved satisfactory under the earlier than the date for payments by the made to change the marketwide pool by Muskegon order and simplify consider­ handler to individual producers. which returns are distributed to produc­ ably the computations with respect to Rulings on proposed findings and con­ ers under Order No. 24. The proponents the producers involved. At the same clusions. Briefs and proposed findings of a Central Michigan order proposed time they provide an equitable means of and conclusions were filed on behalf of marketwide pooling for that regulation. paying such producers without undue certain interested parties in the market. The Detroit marketing system requires encouragement for producers to relin­ These briefs, proposed findings and con­ marketwide pooling, likewise there is quish established bases and thus dimin­ clusions and the evidence in the record need for wider sharing of Class I utiliza­ ish the effectiveness of the base plan in were considered in making the findings tion among producers in the expanded affecting seasonality of production. To and conclusions set forth above. To the area than is presently provided by local avoid confusion during the initial pe­ extent that the suggested findings and pools. The sole pooling issue of the hear­ riod for which payment at the uniform conclusions filed by interested parties are ing was whether there should be one price (not adjusted) is provided for pro­ inconsistent with the findings and con­ marketwide pool or two. Under the deci­ ducers supplying newly regulated plants, clusions set forth herein, the requests to sion to expapd the Detroit marketing the effective dates of this change is de­ make such findings or reach such con­ area it is imperative that the market­ ferred until February 1, 1961. Bases clusions are denied for the reasons pre­ wide pool continue. to be effective after that date must, viously stated in this decision. (2) Base rating plan. Payment tohowever, be computed from deliveries General findings. The findings and producers should cbntinue to be com­ of at least 122 days in the months of determinations hereinafter set forth are puted under the base-excess plan in all August-December 1960. Producers with supplementary and in addition to the months of the year. Half or more of established bases who relinquish such findings and determinations previously the producers delivering to the outstate bases subsequent to September 1960 will made in connection with the issuance of plants to be brought under regulation receive payment through January 1961 the aforesaid order and of the previously are paid on base-excess plans essentially under the new producer payment provi­ issued amendments thereto; and all of the same as that under which Detroit sions presently in the order, but will have said previous findings and determina­ producer payments are computed. Such bases computed at their average Sep- tions are hereby ratified and affirmed, a plan was supported by producer groups tember-December deliveries. except insofar as such findings and de­ for the proposed Central Michigan reg­ (3) Payments to cooperatives. Pay­terminations may be in conflict with the ulation. With the modifications de­ ments due any producer for milk should findings and determinations set forth scribed below the present base-excess be paid by the handler to a cooperative herein. plan provisions should be continued. association if the cooperative associa­ (a) The tentative marketing agree­ In view of the substantial number of tion makes a written request for such ment and the order, as hereby proposed new producers involved and the date at payment and if the producer has given to be amended, and all of the terms and which amendments may now be effective the cooperative association written au­ conditions thereof, will tend to effectuate as related to the August-December base thorization, in the form of a contract or the declared policy of the Act ; forming period, provision must be made otherwise, to collect such payments. The (b) The parity prices of milk as de­ for orderly integration of producers cur­ association request should also provide termined pursuant to section 2 of the rently supplying plants newly brought for indemnifying the handler for any Act are not reasonable in view of the under regulation. It was proposed that loss due to any improper claim. price of feeds, available supplies of feeds, such producers have the option of being Provision is made for handlers to make and other economic conditions which af­ paid at the uniform price of the order payments to a cooperative association fect market supply and demand for milk or of having bases computed on the basis two days in advance of the time the in the marketing area, and the minimum of August-December -deliveries certified handler is required to make payments to prices specified in the proposed market­ to the market administrator. The order individual producers in order that all ing agreement and the order, as hereby presently provides for this second option producers will receive payments on ap­ proposed to be amended, are such pricés when a plant first becomes a pool plant. proximately the same date. In making as will reflect the aforesaid factors, in­ In the present instance, however, the such payments for producer milk to a sure a sufficient quantity of pure and number of plants and producers are such cooperative association the handler wholesome milk, and be in the public in­ that the administrative detail of col­ should furnish the necessary data from terest; and lecting delivery data for past periods and which the cooperative association can (c) The tentative marketing agree­ determining the option chosen by each make proper distribution of money to ment and the order, as hereby proposed producer would be quite substantial. producers for whom it collects payments. to be amende^, will regulate, the han­ Accordingly, it is provided that producers Unless a cooperative association can re­ dling of milk in the same manner as, delivering to plants during the first ceive payment for the milk marketed on and will be applicable only to persons month they are brought under regula­ behalf of its member producers it can­ in the respective classes of industrial tion by the proposed redefinition of the not reblend the sales proceeds from milk and commercial activity specified in, a marketing area shall be paid the uni­ sold in various outlets. This important marketing agreement upon which a form price of the order for deliveries function is specifically provided in the hearing has been held. through January 1964. By that date Act. The provision in the Southern Rulings on exceptions. In arriving at they will have had opportunity to estab­ Michigan order will insure continuation the findings and conclusions, and the lish bases by August-December 1960 de­ of payment practices now prevailing in regulatory provisions of this decision, liveries. Cooperative associations desir­ Battle Creek, Grand Rapids, Jackson each of the exceptions received was care­ ing to continue base-excess payments to and Kalamazoo. It should not be lim­ fully and fully considered in conjunction Thursday, December 17, 1959 FEDERAL REGISTER 10215 with the record evidence pertaining Sec. Sec. thereto. To the extent that the findings 924.7 Producer. 924.93 Producer-handler exemption. 924.8 Producer-handler. 924.94 Special reporting dates. and conclusions, and the regulatory pro­ 924.9 Producer milk. E ffective T im e , Su spen sio n or T ermination visions of this decision are at variance 924.10 Other source milk. with any of the exceptions, such excep­ 924.11 Fluid milk product. 924.100 Effective time. tions are hereby overruled for the rea­ 924.12 Base milk. 924.101 Suspension or termination. sons previously stated in this decision. 924.13 Excess milk. 924.102 Continuing obligations. Marketing agreement and order. An­ 924.14 Cooperative Association. 924.103 Liquidation. 924.15 Route. nexed hereto and made a part hereof are Miscellaneous P rovisions 924.16 Pool plant. two documents entitled “respectively, 924.17 Call percentage. 924.110 Agents. “Marketing Agreement Regulating the 924.111 Separability of provisions. Handling of Milk in the Southern Mich­ N Market Administrator igan Marketing Area”, and “Order 924.20 Market Administrator. Au th o rity: §§ 924.0 to 924.111 Issued under Amending the Order Regulating the 924.21 Powers. sec. 5, 49 Stat. 753 as amended; 7 U.S.C. 608c. Handling of Milk in the Detroit, Mich­ 924.22 Duties. § 924.0 Findings and determinations. igan, Marketing Area”, which have been R eports, R ecords, and F acilities decided upon as the detailed and appro­ The findings and determinations here­ 924.30 Monthly reports of receipts and inafter set forth are supplementary and priate means of effectuating the. fore­ utilization. going conclusions. in addition to the findings and determi­ 924.31 Other reports. nations previously made in connection It is hereby ordered, That all of this 924.32 Records and facilities. decision, except the attached marketing /with the issuance of the aforesaid order 924.33 Retention of records. and of the previously issued amend­ agreement, be published in the F ederal Classification ments thereto; and all of said previous R egister. The regulatory provisions of said marketing agreement are identical 924.40 Skim milk and butterfat to be fundings and determinations are hereby with those contained in the order as classified. ratified and- affirmed, except insofar as 924.41 Classes of utilization. such findings and determinations may be hereby proposed to be amended by th e1 924.42 Shrinkage. attached order which will be pubhshed in conflict with the findings and determi­ 924.43 Transfers. nations set forth herein. with this decision. 924.44 Responsibility of handlers and re­ (a) Findings upon the basis of the classification. Referendum Order; Determination of 924.45 Computation of skim milk and but­ hearing record. Pursuant to the provi­ Representative Period; and Designa­ terfat in each class. sions of the Agricultural Marketing tion of Referendum Agent 924.46 Allocation of butterfat classified. Agreement Act of 1937, as amended (7 It is hereby directed that a referendum 924.47 Allocation of skim milk classified. U.S.C. 601 et seq.), and the applicable 924.48 Computation of total producer milk rules of practice and procedure govern­ be conducted to determine whether the in each class. issuance of the attached order amending ing the formulation of marketing agree­ the order regulating the handling of milk Min im u m P rices ments and marketing orders (7 CFR Part in the Detroit, Michigan, marketing area, 924.50 Basic formula price. 900), a public hearing was held upo-4 is approved or favored by the producers, 924.51 Class I milk price. certain proposed amendments to the as defined under the terms of the order, 924.52 Class II milk price. tentative marketing agreement and to as hereby proposed to be amended, and 924.53 Handler butterfat differential. the order regulating the handling of milk 924.54 Location adjustments to handlers. in the Detroit, Michigan, marketing who, during the representative period, 924.55 Use of equivalent prices. were engaged in the production of milk area. Upon the basis of the evidence for sale within the aforesaid marketing Determination of P rice to Producers introduced at such hearing and the rec­ ord thereof, it is found that: area. 924.60 Net obligation to handlers^operatlng The month of October 1959 is hereby pool plants. (1) The said order as hereby amended, determined to be the representative pe­ 924.61 Computation of the 3.5 percent value and all of the terms and conditions riod for the conduct of such referendufn. of all producer milk. thereof, will tend to effectuate the de­ A. T. Radigan is hereby designated 924.62 Uniform price. clared policy of the Act; agent of the Secretary to conduct such 924.63 Adjusted uniform price. (2) The parity prices of milk, as de­ 924.64 Excess milk price. termined pursuant to section 2 of the referendum in accordance with the pro­ 924.65 Computation of uniform price for cedure for the conduct of referenda to Act, are not reasonable in view of the base milk. price of feeds, available supplies of feeds, determine producer approval of milk 924.66 Handler operating a plant which is marketing orders (15 F.R. 5177), such not a pool plant. and other economic conditions which referendum to be completed on or before 924.67 Location adjustment to producers. affect mârket supply and demand for the 30th day from the date this decision 924.68 Producer butterfat differential. milk in the said marketing area, and is issued. 924.69 Notification. the minimum prices specified in the order as hereby amended, are such . Issued at Washington, D.C., this 11th B ase R ules prices as will reflect the aforesaid day. of December 1959. 924.70 Determination of base. factors, insure a sufficient quantity of 924.71 Application of bases. T rue M orse, pure and wholesome milk, and be in D. 924.72 Relinquishing a base. Acting Secretary. the public interest; P ayment for Mil k (3) The said order, as hereby amended, O rder1 Amending the Order Regulating regulates the handling of milk in the the Handling of Milk in the Detroit, 924.80 Time and method of payment. same manner as, and i.s applicable only Michigan, Marketing Area 924.81 Producer-equalization fund. to persons in the respective classes of 924.82 Payments t o the producer-equaliza­ Sec. tion fund. . industrial or commercial activity speci­ 924.0 Findings and determinations. 924.83 Payment out of the producer-equali­ fied in, a marketing agreement upon D e f in it io n s zation fund. which a hearing has been held. 924.1 Act. 924.84 Expense of administration. (4) All milk and milk products 924.2 Secretary. 924.85 Marketing services. handled by handlers, as defined in the 924.3 U.S.D.A. order as hereby amended, are in the 924.4 Person. 924.86 Adjustment of accounts. 924.87 Overdue accounts. current of interstate commerce or 924.5 Southern Michigan marketing area. directly burden, obstruct, or affect 924.6 Handler. 924.88 Termination of obligations. interstate commerce in milk or its Application of P rovisions products; and 1 This order shall not become effective un­ less ,and until the requirements of § 900.14 924.90 Milk caused to be delivered by co­ (5) It is hereby found that the neces­ of tne rules of practice and procedure gov­ operative association. sary expense of the market adminis­ erning proceedings to formulate marketing 924.91 Handler exemption. trator for the maintenance and agreements and marketing orders have been 924.92 Handlers subject to other Federal functioning of such agency will require met. orders. the payment by each handler, as his pro \ 10216 PROPOSED RULE MAKING

rata share of such expense, 2 cents per delivered to the pool plant of another production is delivered during “the hundredweight or such amount not to handler in a tank truck owned, operated month. exceed 2 cents per hundredweight as the by, or under contract to such cooperative Secretary may prescribe, with respect to association for the Recount of such co­ § 924.13 Excess milk. (a) all receipts within the month of milk operative association (such milk shall “Excess milk” means milk delivered from producers, including milk of such be considered as having been received by a producer each month in excess of handler’s own production, (b) all other by such cooperative association at a lo­ his base milk. source milk on which payments are com­ cation identical to the pool plant to § 924.14 Cooperative association. puted pursuant to § 924.60(d), and (c) which it is delivered), or (d) a coopera­ the applicable amount specified in tive association with respect to milk “Cooperative association” means any § 924.66 (a)(2) or (b)(2). customarily received at a pool plant cooperative marketing association of Order. relative to handling. I t is which is diverted to a nonpool plant for producers, duly organized as such under . therefore ordered, that on and after the the account of such association. laws of any state which the Secretary effective date hereof, the handling of determines: milk in the Detroit, Michigan, marketing § 924.7 Producer. (a) To be qualified under the stand­ area, redesignated as the Southern “Producer” means any person other ards set forth in the Act of Congress of Michigan marketing area shaty be in than a producer-handler who produces February 18, 1922, as amended, known conformity to and in compliance with milk in conformity with the sanitation as the “Capper-Volstead Act”; the terms and conditions of the afore­ requirements for fluid milk of any duly (b) To have full authority in the sale said order, as hereby amendèd, and the constituted health authority, which is: of milk of its members; and aforesaid order is hereby amended as (a) Received at a pool plant; or (c) To be engaged in making collective . follows : (b) Diverted to a nonpool plant for sale or marketing milk or its products D efinitions the account of a cooperative association for its members. § 924.1 Act. or of a handler operating a pool plant. § 924.15 Route. . * Milk so diverted shall be deemed to have “Act” means Public Act No. 10, 73d been received at the pool plant from “Route” means a delivery (including Congress, as amended, and as re-enacted which diverted, if for the account of the a delivery by a vendor or sale from a and amended by the Agricultural Mar­ operator of such plant, or at an identical plant or plant store) of any fluid milk keting Agreement Act of 1937, as location if for the account of a coopera­ product (except bulk cream) classified amended (7 U.S.C. 601 et seq.). tive association through diversion from as Class I to a wholesale or retail out­ the pool plant of another handler. let other than a delivery to any milk § 924.2 Secretary. plant. § 924.8 Producer-handler. • “Secretary” means the Secretary of §*924.16 Pool plant. Agriculture of the United States, or any “Producer-handler” means a dairy officer or employee of the United States farmer who operates a milk plant from A “pool plant” shall be. any plant authorized to exercise the powers to per­ which fluid milk products are distributed meeting the conditions of paragraph form the duties of the Secretary of Agri­ en route (s) in the marketing area and (a), (b) or (c) of this section, except a culture. receives no fluid milk products except plant of a producer-handler or a plant § 9 2 4 .3 U.S.D.Â. from his own production or by transfer of a handler exempt pursuant to from a pool plant. Such dairy farmer §§ 924.91 or 924.92; “U.S.D.A.” means the United States shall furnish the market administrator, (a) Any plant, hereinafter referred to Department of Agriculture. upon request, evidence that the produc­ as a “distributing plant”; (1) in which § 924.4 Person. tion and processing facilities are his own milk is pasteurized or packaged for dis­ personal enterprise and his risk. tribution in the marketing area, (2) “Person” means any individual, part­ from which fluid milk products are dis­ nership, corporation, association, or any § 924.9 Producer milk. tributed on^ routes in the marketing area, other business unit. “Producer milk” means all the skim and (3) from which the total quantity of § 924.5 Southern Michigan marketing milk and butterfat contained in milk re­ fluid milk products distributed on all area. ceived at a pool plant from producers routes operated inside or outside the marketing area during the month equals “Southern Michigan marketing area” (including that diverted to a nonpool plant for the account of the operator the applicable percentage specified below hereinafter referred to as the “market­ of receipts of producer milk, and from ing area” means all territory, including of such pool plant) and milk to be classi­ fied at such pool plant pursuant to supply plants of milk approved by the all incorporated municipalities, within § 924.43(d). the counties of Barry, Bay, Calhoun, appropriate health authority for fluid Clinton, Eaton, Genessee, Gratiot, Huron, § 924.10 Other source milk. use, exclusive of receipts certified by a Ingham, Ionia, Isabella, Jackson, Kala­ cooperative association which operates “Other source milk” means all skim no milk plant as having been diverted mazoo, Kent, Lapeer, Livingston, Ma­ milk and butterfat contained in (a) re­ comb, Mecosta, , Midland, Montcalm, from other pool plants for manufactur­ ceipts during the month of fluid milk ing use in a volume which with other Oakland, Saginaw, St. Clair, Sanilac, products except (1) receipts from other Shiawassee, Tuscola, Washtenaw and like certifications issued by such asso­ Wayne; the townships of Dorr, Leighton, pool plants and (2) producer milk, and ciation does not exceed one-third of the Hopkins, Wayland, Watson, Martin, (b) products, other than fluid milk prod­ milk delivered to all pool distributing ucts from any source (including those plants by producers who are members of Otsego and Gunplain in Allegan County; such association-: the townships of Lincoln and Standish produced at the pool, plant), which are in Arenac County; the townships of reprocessed or converted to another (i) 55 percent during any of the Grant and Surrey in Clare County; the product in the pool plant during the months of October through March; and townships of Ash and Berlin in Monroe month. (ii) 45 percent during any of the months of April through September, ex­ County; and thç townships of Wright, § 924.11 Fluid milk product. Tallmadge, Georgetown and Jamestown cept that po such requirement shall ap­ in Ottawa County; all in the State of “Fluid milk product” means milk, skim ply during such months with respect to Michigan. . . Jnilk, flavored milk, buttermilk, yogurt, any such plant which qualified as a dis­ tributing plant during each of the im­ § 924.6 Handler. half and half or cream (exclusive of mediately preceding months of October frozen, whipped and sour cream). “Handler” means (a) any person who through March; or operates a pool plant, (b) any person § 924.12 Base milk. (b) Any plant, hereinafter referred to as a, “supply plant”, which is approved who operates a nonpool plant from “Base milk” means the amount of milk which fluid milk products are disposed by the appropriate health authority in delivered by a producer each month the marketing area for supplying milk Of on a route in the marketing area, (c) which is not in excess of his base com­ for fluid use and from which during the a cooperative association, with respect puted pursuant to § 924.70 multiplied by month not; less than 25 percent or the to milk of its member producers which is the number of days for which his milk call percentage as defined in § 924.17, Thursday, December 17, 1959 FEDERAL REGISTER 10217 whichever is higher, of its dairy farm (after subtracting any milk estimated to functioning of his office and in the per­ supply of milk qualified for fluid distri­ be disposed of as Class I other than formance of his duties; bution in the marketing area, including transfers to other pool plants) at supply (e) Keep such books and records as any receipts for which a cooperative as­ plants other than those regularly ship­ will clearly reflect the transactions pro­ sociation is the handler pursuant to ping their entire supply as described vided in this part, and, upon request by § 924.6(c), less any milk disposed of from above, and the result shall be multiplied the Secretary, surrender the same to the plant as Class I other than by trans­ by 75 to determine the call percentage. such other person as the Secretary may fers to pool plants of other handlers, is No call percentage of less than 25 shall designate; moved to a distributing plant. Any sup­ be issued; (f) Publicly announce, unless other­ ply plant which has met the required (b) The market administrator’s an­ wise directed by the Secretary, by post­ percentages during each of the months nouncement of a call percentage shall in­ ing in a conspicuous place in his office, of October through January shall be a clude the historical data on which his and by such other means as he deems pool plant for each of the following estimates of Class I utilization and the appropriate, the name of any person months of February through September various sources of supply are based, to­ who, within 10 days after the day upon during which it ships the percentage pro­ gether with appropriate explanatory which he is required to perform such vided for in any call which may be is­ comments on the computations in­ acts, has not made: sued pursuant to § 924.17. All supply volved; and (1) Reports pursuant to §§ 924.30 and plants which are operated by one han­ (c) At any time during a month when 924.31; or dler, or all of the supply plants from it appears that more milk is being de­ (2) Payments pursuant to §§ 924.80 which a handler is responsible for the livered to distributing plants than is through 924.85; movement of milk to distributing plants needed to fulfill their Class I require­ (g) Calculate a base for each pro­ under a marketing agreement certified ments, the market administrator may ducer in accordance with § 924.70 and to the marketv administrator by both reduce the call percentage applicable for advise the producer and the handler re­ parties, may be considered as a unit for such month. ceiving the milk of such base; (h) Submit his books and records to the purpose of meeting the milk move­ Market Administrator ment requirements of this paragraph (b) examination by the Secretary and fur­ upon written notice to the market ad­ § 924.20 Market administrator. nish such information and reports as ministrator specifying the plants to be may be requested by the Secretary; The agency for the administration of (i) Audit records of all handlers to considered as a unit and the period dur­ this part shall be a market administra­ ing which such consideration shall ap­ verify the reports and payments required tor, selected by the Secretary, who shall pursuant to the provisions of this part; ply. Such notice, and notice of any be entitled to such compensations may change in designation, shall be furnished (j) Prepare and disseminate to pro­ be determined by* and shall be subject ducers, handlers and the public, general on or before the 5th day (exclusive of to removal by, the Secretary. Sundays and holidays) following the information which does not reveal con­ month to which the notice applies. In § 924.21 Powers. fidential information; and any of the months of February through The market administrator shall have (k) Publicly announce the prices de­ termined for each month as follows: September a unit shall not contain plants the following powers with respect to this which were not qualified as pool plants, (l) On or before the 5th day of each part: month, the minimum class prices for the either individually or as a member of (a) To administer its terms and a unit, during the previous October preceding month computed pursuant to provisions; § 924 51 arid § 924.52, and the handler through January; or (b) To receive, investigate, and re­ (c) A plant which is operated by a butterfat differential computed pursuant port to the Secretary complaints * of to § 924.53; and cooperative association and during the violations; month two-thirds or more of the milk of (2) On or before the 11th day of each (e) To make rules and regulations tomonth the uniform price, the adjusted producers who are members of such asso­ effectuate its terms and provisions; and uniform price, the price for base milk ciation is delivered either directly or (d) To recommend amendments to the and the price for excess milk for the pursuant to § 924.6(c) to pool plants of Secretary. preceding month, computed pursuant to other handlers. § 924.22 Duties. §§ 924.62, 924.63, 924.64 and 924.65, and the producer butterfat differential com­ § 924.17 Call percentage. The market administrator shall per­ puted pursuant to § 924.68. (a) The “call percentage” is the per­form all duties necessary to administer centage of net receipts at a supply plant the terms and provisions of this part, R eports, R ecords, and F acilities (after subtracting any milk disposed of including, but not limited to, the § 924.30 Monthly reports of receipts as Class I other than by transfers to following: and utilization. other pool plants) which such plant is (a) Within 30 days following the date required to ship to a distributing on which he enters upon his duties, ex­ On or before the 5th day (exclusive plant (s) in order to qualify as a pool ecute and deliver to the Secretary a of Sundays) of each month, each han­ plant pursuant to § 924.16. A call per­ bond, effective as of the date on which dler, other than a producer-handler or centage may be announced for any he enters upon such duties and condi­ a handler exempt pursuant to §§ 924.91 month except April, May, June or July tioned upon the faithful performance of or 924.92, shall report to the market ad­ and shall be issued on or before the first such duties, in an .amount and with ministrator for the preceding month in day of the month to which it applies. surety thereon satisfactory to the the detail and on the forms prescribed The call percentage shall be computed Secretary ; by the market administrator as follows: by the market administrator from his (b) Employ and fix the compensation (a) The quantities of skim milk and estimate of the Class I utilization of dis­ of such persons as may be necessary to butterfat contained in: tributing pool plants during the month enable him to administer its terms and (1) Milk received from producers (or for which the call percentage is being provisions ; from qualified dairy farmers, in case of computed, plus an operating margin of (c) Obtain a bond in a reasonable a nonpool plant) including the aggre­ 15 percent. From such estimated gross amount and with reasonable surety gate quantities of base milk, excess milk Class I requirements of distributing thereon covering each employee who and milk to be paid for at the uniform plants, inclusive of the 15 percent oper­ handles funds entrusted to the market or adjusted uniform price; ating reserve, shall be deducted the esti­ administrator; (2) Fluid milk products received from mated receipts directly from producers (d) Pay, out of the funds provided by other pool plants; during such month at such distributing § 924.84: (3) All other source milk; and plants and from those supply plants (1) The cost of his bond and of the (4) Inventories of fluid milk products which regularly send their entire avail­ bonds of his employees; able supply to such distributing plants (2) His own compensation; and on hand at the beginning of the month ; during the months of August through (3) All other expenses, except those in­ and March. The remainder shall be divided curred under § 924.85, necessarily in­ (b) The utilization of all skim milk by the estimated net available supply curred by him in the maintenance and and butterfat required to be reported 10218 PROPOSED RULE MAKING

pursuant to paragraph (a) of this sec­ § 9 2 4 .4 1 Classes of utilization. market administrator is permitted to tion; and Subject to the conditions set forth in audit the records of receipts and utiliza­ (c) Such other information as the tion at such nonpool plant, in which case market administrator may prescribe. §§ 924.43 and 924.44 the classes of utiliza­ tion shall be: the classification of all skim inilk and § 924.31 Other reports. (a) Class I utilization shall be all skim butterfat at such nonpool plant shall be milk and butterfat: determined and the skim milk and but­ (a) Each producer-handler and each terfat so transferred from the pool plant handler described in §§ 924.91 and 924.92 (1) Disposed of in the form of a fluid milk product, except as provided in shall be allocated to the lowest use dur­ shall make reports at such time and in ing the months of April, May, or June such manner as the market administra­ paragraph (b) (2) and (3) of this sec­ tion; and and to the highest use during any other tor may request; and month. If all or a portion of the milk so (b) On or before the 20th day of each (2) Not accounted for as Class II utilization; transferred is retransferred to a second month each handler who received milk nonpool plant, the same conditions of from producers shall report his producer (b) Class II utilization shall be all the skim milk and butterfat: (1) used to audit, classification and allocation shall payroll for the preceding month which apply; shall show: produce any product other than a fluid (c) As Class I if transferred to a non­ (1) The pounds of base milk and milk product, (2) disposed of in fluid milk products in bulk form to any com­ pool plant in the form of cream in bulk pounds of excess milk, or the pounds of unless the handler claims Class II utili­ milk to be paid for at the uniform or ad­ mercial food processing establishment for use in food products prepared for zation, and (1) such nonpool plant is justed uniform price, received from each located in Pennsylvania, New Jersey, producer, and the percentage of butter- consumption off the premises, (3) dis­ fat contained therein; posed of as livestock feed or skim milk New York or New England, or (2) the market administrator is permitted to (£) The amount and date of payment dumped subject to prior notification^ to to each producer (or to a cooperative as­ and inspection (at his discretion within audit the record of receipts and utiliza­ sociation) ; and 18 hours) by the market administrator, tion at such nonpool plant and such non- (3) The nature and amount of each(4) in cream frozen, (5) in inventory pool plant had Class II utilization of not of fluid milk products on hand*at the less than an equivalent amount of skim deduction or charge involved in the pay­ milk and butterfat; ments referred to in subparagraph (2) end of the month, (6) in shrinkage of of this paragraph. producer milk up to two percent of re­ (d) Producer milk transferred in bulk ceipts, and (7) in shrinkage of other by a cooperative association to a pool § 924.32 Records and facilities. source .milk. plant and that delivered pursuant to § 924.6(c) shall be deducted from the Each handler shall maintain and make § 924.42 Shrinkage. available to the market administrator producer milk to be classified as that for during the usual hours of business, such (a) If producer milk is utilized in con­ which the cooperative association is the accounts and records of all of his opera­ junction with other source milk, the handler, and shall be included in pro­ tions and such-facilities as are necessary shrinkage shall be allocated pro rata ducer milk classified at the plant of the to verify reports, or to ascertain the cor­ between the receipts of skim milk and transferee handler; and rect information with respect to (a) the butterfat in producer milk and other (e) As Class I if transferred in the receipts and utilization or,disposition of source milk; form of a fluid milk product to a pro­ all skim milk and butterfat received, in­ (b) Producer milk transferred from a ducer-handler. cluding all milk products received and pool plant to another pool plant with­ § 924.44 Responsibility of handlers and disposed of in the same form; (b) the out first having been received for the reclassification. plirpose of weighing and testing in the weights and tests for butterfat, skim All skim milk and butterfat shall be milk and other contents of all milk and transferor handler’s pool plant, and that for which a cooperative association is the classified as Class I utilization unless milk products handled; and (c) pay­ the handler who first receives such skim ments to producers and cooperative handler pursuant to § 924.6(c), shall be associations. included in the receipts at the plant of milk or butterfat proves to the market the transferee, handler for the purpose administrator that such skim milk or § 924.33 Retention of records. of computing his shrinkage and shall be butterfat should be classified otherwise. All books and records required under excluded from receipts of the transferor § 924.45 Computation of skim milk and this part to be made available to the mar­ handler in computing his shrinkage; and butterfat in each class. ket administrator shall be retained by (c) Producer milk received at a sup­ For each month the market adminis­ the handler for a period of three years ply plant and transferred in bulk from trator shall correct for mathematical to begin at the end of the month to which such plant to a distributing plant shall and other obvious errors the monthly such books and records pertain: P ro­ be subtracted from the producer milk- report submitted by each handler, and vided, That if within such three-year receipts at the supply plant and added compute the total pounds of skim milk period, the market administrator noti­ to tl)e producer milk receipts at the dis­ and butterfat, respectively, in Class I fies a handler in writing that the reten­ tributing plant in computing shrinkage. and Class II utilization for such handler. tion of such books and records, or of § 924.43 Transfers. If any of the water contained in the milk specified books and records, is necessary Skim milk and butterfat transferred from which a product is made is removed in connection with a proceeding under before the product is utilized or disposed section 8c(15) (A) of the Act or a court or diverted from a pool plant shall be classified: of by a handler, the pounds of skim milk action specified in such notice, thè han­ disposed of in such product shall be con­ dler shall retain such books and records (a) As Class I if transferred to a pool plant of another handler (except as pro­ sidered to be an amount equivalent to until further written notification from the nonfat milk solids contained in such the market administrator. The market vided in paragraph (d) of this section) product, plus all of the water normally administrator shall give further written as a fluid milk product unless Class II associated with such solids in the form notification to the handler promptly Utilization ts indicated by both handlers of whole mlik. upon the termination of the litigation or in their reports pursuant to § 924.30. In when the records are no longer necessary § 924.46 Allocation of butterfat classi­ no event shall the amount so classified fied. in connection therewith. in Class II be greater than the amount The pounds of butterfat remaining C lassification of producer milk used in such class by the transferee handler after allocating after making the following computation § 924.40 Skim milk and butterfat to be other source milk and beginning inven­ shall be the pounds in each class allo­ classified. cated to milk received from producers: tory of fluid milk products in his plant (a) Subtract from the total pounds of All skim milk and butterfat received pursuant to §§ 924.46 and 924.47; butterfat in Class II utilization, the at a pool plant which is required to be (b) As Class I if transferred or pounds of butterfat in shrinkage pur­ reported purusant to § 924.30 shall be diverted to a nonpool plant in the form suant to § 924.41(b) (6); classified pursuant to §§ 924.41 through of milk or skim milk in bulk if so re­ (b) Subtract from the pounds of but­ 924.48. ported by the handler, or unless the terfat remaining in each class, in series Thursday, December 17, 1959 FEDERAL REGISTER 10219 beginning with the lowest priced utiliza­ Carnation Co., Richland Center, Wis. divide by the utilization percentage of tion, the pounds of butterfat in other Carnation Co., Sparta, Mich. the two-year period. Adjust the result­ source milk other than that to be sub­ Pet Milk Co., Belleville, Wis. Pet Milk Co., Coopersville, Mich. ing “seasonal ratio” as follows for each tracted pursuant to paragraph (c) of Pet Milk Co., New Glarus, Wis. month after the necessary data become this section; Pet Milk Co., Wayland, Mich. available; (c) Subtract from the pounds of but­ White House Milk Co., Manitowoc, Wis. (i) Add to the “seasonal ratio” the terfat remaining in each class, in series White House Milk Co., West Bend, Wis. 11 seasonal ratios similarly computed for beginning with the lowest priced utiliza­ the most recent preceding periods;. tion, the pounds of butterfat in other (b) The price per hundredweight computed by adding together the plus (ii) Divide 12 by the sum thus ob­ source milk received from a plant at tained; and amounts pursuant to subparagraphs (1) which the handling of milk is fully sub­ (iii) Multiply the “seasonal ratio” by ject to the pricing and payment provi­ and (2) of this paragraph: (1) Prom the average of the daily the product thus obtained. sions of another marketing agreement or (3) Multiply the adjusted “seasonal order issued pursuant to the Act; wholesale selling prices per pound (using ratio” by 136.7; the midpoint of any price range as one (d) Subtract from the remaining (4) Subtract from the utilization per­ pounds of butterfat in each class, in price) of Grade A (92-score) bulk creamery butter for the month as re­ centage for the two-month period ending series beginning with the lowest priced with the preceding month the quantity utilization, the pounds of hutterfat con­ ported by the Department of Agricul­ ture for the Chicago market, subtract computed pursuant to subparagraph (3) tained in inventory of fluid milk prod­ of this paragraph and round the result ucts on hand at the beginning of the three cents, add 20 percent of the result­ ing amount and then multiply by 3.5; to the nearest full percentage, this re­ month; sult is the “deviation percentage”; and (e) Subtract from the pounds of but­ and (2) From the simple average of the (5) For each percentage point of plus terfat remaining in each class, the deviation the Class I price will be de-v pounds of butterfat received from pool weighted averages of the carlot prices per pound of spray and roller process creased three cents and for each per­ plants of other handlers (except from a centage point of minus deviation the cooperative association as set forth in nonfat dry milk solids for human con­ sumption, f.o.b. manufacturing plants Class I price will be increased three cents, § 924.43(d)) in such classes pursuant to but no such adjustment shall exceed 45 § 924.43(a); in the Chicago area, as püblished for the cents; and period from the 26th day of the imme­ (f) Add to the remaining pounds of (c) For the 26-month period following butterfat in Class II utilization the diately preceding month through the 25th day of the current month by the the effective date of this paragraph and pounds subtracted pursuant to para­ the simultaneous amendment of § 924.5 graph (a) of this section; and Department of Agriculture, deduct 5.5 cents, multiply by 8.2; or to redefine and redesignate the market­ (g) the remaining pounds of but­ ing area, the following modifications of terfat in all classes exceed the pounds (c) The average of the prices per hun­ dredweight reported to have been paid, the procedure set forth in paragraph (b) of butterfat in milk received from pro­ of this section will apply: ducers, subtract such excess from the or to be paid, for milk of 3.5 percent butterfat content received from farm­ (1) For \the first six months, the remaining pounds of butterfat in each supply-demand adjustment shall be zero; class in series beginning with the lowest ers during the month at the following plants, except any which meet the quali­ . (2) For the 7th month through the priced utilization. Any amount so sub­ 10th month, inclusive, the rate specified tracted shall be known as “overage”, fication of §‘924.16, for which prices have been reported to the market ad­ in paragraph (b) (5) of this section shall § 924.47 Allocation of skim milk classi­ ministrator: be one cent; fied. (3) For the 11th month through the Present Operator and Location 14th month, inclusive, the rate specified Allocate the pounds of skim milk in Borden Co., Mt. Pleasant, Mich.. in paragraph (b) (5) of this section shall each class to milk received from pro­ Carnation Co., Sheridan, Mich. be.two cents; - ducers in a manner similar to that pre­ Carnation Co., Sparta, Mich. (4) For the 7th month through the scribed for butterfat in § 924.46. / Fairmont Foods Co., Bad Axe, Mich. 14th month, inclusive, the percentages Kraft Foods, Clare, Mich. § 924.48 Computation of total producer Kraft Foods, Pinconning, Mich. for the corresponding two-month period milk in each class. Nestle Co., Ubly, Mich. in the following schedule shall be sub­ stituted for the calculations pursuant to The amounts computed pursuant to § 924.51 Class 1 milk price. paragraph (b) (1), (2), and (3) of this §§ 924.46 and 924.47 shall be combined section; into one total for each class and the (a) Subject to the adjustments pro­ weighted average butterfat content of vided in paragraph (b) or (c) of this producer milk in each class determined. section and §§ 924.53 and 924.54, the Pricing month Two-month period Percent­ nailiimum price per hundredweight to age M inimum P rices be paid by each handler, f.o.b. his plant, January...... N ovember-December... 130.2 § 924.50 Basic formula price. for milk of 3.5 percent butterfat content February....___ 132.0 received from producers or from co­ 130 » The basic formula price per hundred­ operative associations, during the month, Anrll...__ _ . 131^7 weight of milk to be used in determining May______135. 7 which is classified as Class I utilization, June..____ ..... 141.9 class prices for each month shall be the shall be the basic formula price plus $1.23 July...... 151. 7 higher of the prices per hundredweight 150.2 during the months of February through September_____ 140.1 of milk of 3.5 percent butterfat content July and plus $1.63 in all other months; October______136.4 computed by the market administrator November_____ 132.6 (b) Subject to the conditions in para­ 128.9 pursuant to paragraphs (a), (b) or (c) graph (c) of this section a supply- of this section: demand adjustment shall be computed (a) The average of the basic (or field)by the market administrator as follows: (5) For the 15th month through the prices ascertained to have been paid per (1) Calculate as a utilization percent­ 26th month, inclusive, the utilization hundredweight for milk of 3.5 percent age^ the percentage that total receipts of percentages calculated pursuant to par­ butterfat content received from farmers milk from producers by all handlers agraph (b)(1) of this section shall be during the month at the following plants was of total Class I utilization at all pool for the one-year period ending with the or places for which prices have been plants in each of the following periods: second preceding month, for the two- ^reported to the market administrator by (1) The two-year period ending with month period ending with the preceding the Department of Agriculture or by the the second preceding month; month, and for the same period of the companies indicated below: (ii) The two-month period ending preceding year. The average of these Company and Location with the preceding month and the same two-month period percentages will be Borden Co., Mt. Pleasant, Mich. period of each of the two preceding divided by the percentage for the one- Borden Co., New London, Wis. years; year period, multiplied by 136.7 and this Borden Co., Orfordville, Wis. (2) Average the utilization percent­ result averaged with the percentage Carnation Co., Oconomowoc, Wis. ages of the three two-month periods and specified in subparagraph (4) of this 10220 PROPOSED RULE MAKING

paragraph. This result will be sub­ Huron County the townships of McKinley, Determination of P rice to P roducers tracted from the utilization percentage Winsor, Sebewaing, Brookfield, Caseville and for the two-month period ending with Fairhaven. § 924.60 Net obligation to handlers op­ erating pool plants. the preceding month in computing the Zone IV—Adjustment Rate 12 Cents deviation percentage. Branch County; Calhoun County; Eaton The net obligation for milk received § 924.52 Class II milk price. County; Gratiot County; Isabella County; in by each handler who operates a pool Hillsdale County all territory excluded from plant shall be computed as follows: The minimum price per hundred- Zone H; in Clinton County all territory ex­ (a) Multiply the pounds of milk in . weight to be paid by each handler, f.o.b. cluded from Zone III; in Ionia County the each class computed pursuant to § 924.48 his plant, for milk of 3.5 percent butter- townships of Ronald, North Plains, Ionia, by the applicable class prices; fat content received from producers or Lyons, Grange, Portland, Sebewa and Danby; (b) Add an amount determined by from a cooperative association during in Montcalm County the townships of Home, Richland, Day, Ferris, Evergreen, Crystal, multiplying the pounds of overage com­ the month which is classified as Class n Bushnell and Bloomer; and in Clare County puted pursuant to § 924v46(g) and the utilization shall be as follows: the townships of Keeman, Lincoln, Hatton, corresponding Step of § 924.47 by the ap­ (a) In the months of February Arthur, Garfield, Surrey, Grant and Sheri­ plicable class prices; through September the higher of: dan. (c) Add any amount obtained through (1) The price described in § 924.50 Zone V—Adjustment Rate 15 Cents multiplying by the difference between (c); or the Class n price for the preceding (2) The price per hundredweight de­ St. Joseph County; Kalamazoo County; months and the Class I price for the Barry County; Kent County; Mecosta scribed in § 924.50(b), less 18.3 cents; County; in Ionia and Montcalm Counties all current month the lesser of: and territory not included in Zone IV; in Allegan (1) The hundredweight of milk sub­ (b) In the months of October, Novem­ County the townships of Salem, Dorr, Leigh­ tracted from Class I pursuant to ber, December and January, add 20 cents ton, Monterey, Hopkins, Wayland, Allegan, § 924.46 (d) and the corresponding step per hundredweight to the price deter­ Watson, Martin, Trowbridge, Otsego and Gun of § 924.47; or mined pursuant to paragraph (a) of this Plain; in Ottawa County the townships of (2) The himdredweight of producer section. Wright, Tallmadge, Georgetown and James­ milk classified as Class II (except as town; and in Osceola County the townships § 924.53 Handler butlerfat differential. of Lincoln, Cedar, Osceola, Sylvan, Rich­ shrinkage) for the preceding month; mond, Hersey, Evart and Orient. and There shall be added to or subtracted (d) Add an amount equal to the dif­ from, the prices of milk for each class Zone VI—A djustm ent R ate 20 Cents ference between the values (subject to as computed pursuant to §§ 924.51 and Berrien County; Cass County; Van Buren butterfat and location differentials) at 924.52, for each one-tenth of one per­ County; Muskegon County; Newaygo County; the Class I price and the Class II price cent that the average butterfat test of and in Allegan and Ottawa Counties, all with respect to: the milk in each class above or below 3.5 territory not included in Zone V. (1) Other source milk subtracted from percent, as the case may be, an amount (b) Mileage rates. The mileage rate Class I pursuant to § 924.46(b) and the equal to the average daily wholesale applicable to plants located outride of corresponding step of § 924.47; and price per .pound of Grade A (92-score) Zones I-V I, inclusive, as described in (2) Milk in inventory subtracted from bulk creamery butter per pound at Chi­ § 924.54(a), shall be based on the short­ Class I pursuant to § 924.46(d) and the cago as reported by the U.S.D.A. during est highway distance to the plant from corresponding step of § 924.47 which is the month multiplied by 0.113 and the the City Hall in Detroit, Michigan, as in excess of the sum of: result rounded to the nearest one-tenth determined by the market administrator, (i) The quantity of milk for which a of a cent. and shall be 15 cents for distances of payment was computed pursuant to § 924.54 Location adjustments to han­ more than 50 miles, but not more than paragraph (c) of this section; and dlers. 70 miles, plus one-cent for each 20 miles (ii) The quantity of milk subtracted from Class n in the preceding month (a) Zone rates. For plants located inor fraction thereof over 70 miles. (c) Direct disposition adjustment. pursuant to §924.46(0 and the corre­ the following described territory in sponding step of § 924.47. Michigan the applicable zone rates shall With respect to milk received from pro­ be as follows: ducers at a pool plant and classified as § 924.61 Computation of the 3.5 per* Class I utilization without movement to '■ cent value of all producer milk. Zone I—No Adjustment another pool plant the Class I price to For each month, the market adminis­ Genesee County; Oakland County; Ma­ the handler receiving such milk shall be comb County; St. Clair County; Wayne reduced by the applicable zone rate for trator shall compute the 3.5 percent County; Monroe Comity; In Washtenaw plants located in the zones described in value of all producer milk by: County the townships of Webster, Northfleld, § 924.54(a) and by the applicable mile­ (a) Combining into one total the in­ Salem, Scio, Ann Arbor, Superior, Lodi, Pitts­ age rate for plants located elsewhere. dividual values of milk of all handlers field, Ypsilanti, Saline, York and Augusta; (dX Transfer adjustments. With re­ computed pursuant to § 924.60; Saginaw County, except the townships of (b) Adding, if the weighted average Jonesfield, Richland, Lakefield, Fremont, spect to fluid milk products moved in bulk from a pool plant to a pool plant butterfat test of all producer milk repre­ Marion, Brant, Chapin, # Brady, Chesaning, sented in paragraph''(a) of this section and Maple Grove; ahd Bay County, except described in § 924.16(a) the operator of the townships of Gibson, Mt. Forest, Pin­ the transferee plant shall receive credit is less than 3.5 percent, or subtracting conning, Garfield and Fraser. at the applicable zone or mileage rate, if the weighted average butterfat test of such milk is more than 3.5 percent, Zone II—Adjustment Rate 7 Cents based on the location(s) of the trans­ feror plant (s), the total volume on which an amount computed by multiplying the Livingston County; Jackson County; Lena­ such credit is computed to be not more total pounds of butterfat represented by wee County; Ingham County; Lapeer County, than the amount by which 108 percent the difference of such average butterfat except the townships of Rich, Burlington, test from 3.5 percent by the butterfat Marathon, Deerfield, North Branch and of Class I utilization at the, transferee plant exceeds receipts of milk at such differential provided in § 924.68 multi­ Burnside; Hillsdale County, except the town­ plied by 10; ships of Litchfield, Alien', Reading and Cam­ plant from producers and from cooper­ den; and in Washtenaw County all the ative associations pursuant to § 924.6(c), (c) Adding the aggregate of the territory not included in Zone I. and to be assigned to transferor plants »values of the applicable producer loca­ tio n adjustments pursuant to § 924.67; Zone III—Adjustm ent R ate 10 Cents pro rata to receipts of fluid milk prod­ ucts from such plants. and Midland County; Shiawassee County; Tus­ (d) Adding not less than one-half of cola County; Clinton County, except the § 924.55 Use of equivalent prices. the unobligated balance in the producer- townships of Lebanon, Dallas, Westphalia If for any reason a price quotation re­ equalization fund. and Eagle; in Arenac County the townships of Lincoln and Standish; in Bay and Saginaw quired by this order for computing class § 924.62 Uniform price. Counties all townships excluded from Zone prices or for any other purposes is not I; in Lapeer County all townships excluded available in the manner described, the For each month, the uniform price from Zone II; in Sanilac County the town­ market administrator shall use a price shall be computed by; ships of Flynn, Elk, Buel, Lexington, Maple determined by the Secretary to be equiv­ (a) Dividing the amount computed Valley, Speaker, Fremont and Worth; and in alent to the price which is required. pursuant to § 924.61 by the himdred- Thursday, December 17, 1959 FEDERAL REGISTER 10221 weight of milk received from producers share of the expense of administration, used in making payments for the pre­ represented by the values included in the rate specified in § 924.84 with respect vious month; § 924.61; and to the fluid milk products disposed of on (c) The amount due such handler (b) Subtracting not less than six centsroutes in the marketing area; from the producer-equalization fund or or more than seven cents.' (b) Unless such handler elects to have the amount to be paid by such handler § 9 2 4 .6 3 Adjusted uniform-price. his obligations computed pursuant to to the producer-equalization fund, as the paragraph (a) of this section, his obli­ case may be; and For the purpose of payments pursuant gation shall be as follows: (d) The totals of the minimum to § 924.70(c) the uniform price com­ (1) On or before the 25th day after amounts to be paid by such handler pur­ puted pursuant to § 924.62 shall be ad­ the end of the month, for the producer- suant to §§ 924.80, 9*4.82, 924.84, 924.85 justed by deducting therefrom the appli­ equalization fund, the lesser of the and 924.86. cable percentage specified below of the amount computed pursuant to para­ B ase R ules differences between the uniform price graph (a) (1) of this section, or any plus and the excess milk price, rounded to amount resulting from the following § 924.70 Determination of base. the nearest cent: computation: (a) A producer who delivered milk Month Percent (1) Compute an amount equal to the on at least 122 days during the period January, February and March______30 value of milk which would be computed August 1 through December 31, inclusive, April, May and June------50 pursuant to § 924.60 for milk received of any year shall have a base computed July______15 from dairy farmers at such plant for suGh by the market administrator to be ap­ All others______5 month if such plant had been a pool plicable, subject to § 924.72, for the 12 § 924.64 Excess milk price. plant; months period beginning the following (ii) Deduct the gross payments made February 1, equal to his daily average For each month, the excess price shall by the handler to qualified dairy farmers milk deliveries from the date on which be the price of Class II utilization, deter­ for milk received at such plant for such milk was first delivered in the period to mined pursuant to § 924.52, rounded to month. Gross payments to be included the end of such August 1-December 31 the nearest cent. in this computation shall be limited to period: Provided, That a producer who § 924.65 Computation of uniform price cash payments made to the dairy farmer had a base on December 1 and whose for base milk. or his assignee on or before the date of average of daily deliveries for the August 1-December 31 period is less than such (a) Multiply the total pounds of ex­ the report required pursuant to § 924.31, plus the value of any supplies or services base shall have a base computed by sub­ cess milk for the month by the excess tracting from his previous base any milk price; furnished by the handler on prior writ­ ten authorization or as evidenced by a amount by which 90 percent of his pre­ (b) Multiply the total amount of milk vious base exceeds such average of daily to be paid for at the uniform price pursu­ delivery ticket signed by the dairy farmer; and deliveries; ant to § 924.70 (d) and (f) by the uni­ (b) A producer with an established form price for the month; (2) On or before the 25th day after the end of the month, as his pro rata share base who does not forfeit his base pur­ (cX Multiply the total amount of milk suant to § 924.71(c) but who fails to to be paid for at the adjusted uniform of the expense of administration, an amount equal to that which would have deliver milk on at least 122 days of the price pursuant to § 924.70(c) by the ad­ August 1 through December 31 period justed uniform price for the month; been computed pursuant to § 924.84 had such plant been a pool plant. shall have his base for the 12 months (d) Subtract the total values arrived beginning the following February 1 com­ at in paragraphs (a), (b) and (c) of this § 924.67 Location adjustment to pro­ puted by dividing the total pounds section from the total 3.5 percent value ducers. shipped during the period by 122; of all producer milk arrived at in In making payments to producers or (c) Except as provided in paragraphs § 924.61; cooperative associations pursuant to (d), (e), (f) and (g) of this section a (e) Divide the resultant value by the § 924.80 a handler may deduct with re­ producer who has no bpse shall be paid total hundredweight of base milk and spect to base milk and milk to be paid for until February 1 following the August- milk to be paid for at the base price at the uniform price or adjusted uniform December period within which he estab­ pursuant to § 924.70 (b) and (e ); and price the zone rate per hundredweight lishes a base pursuant to paragraph (a) (f) Subtract not less than six cents applicable pursuant to § 924.54(a) for the of this section at the adjusted uniform nor more than seven cents. The result­ location of the plant at which the milk price computed pursuant to § 924.63; ant hundredweight price shall be the was received, or if such plant is not lo­ (d) Whenever total receipts of pro­ uniform price of base milk of 3.5 percent cated in a defined zone, the mileage rate ducer milk by all handlers during the butterfat content received at pool plants. applicable pursuant to § 924.54(b). month are less than 112.5 percent of the total Class I utilization of all milk by § 924.66 Handler operating a plant § 924.68 Producer butterfat differential. which is not a pool plant. handlers during such month, all produc­ In making payments pursuant to ers and cooperative associations shall be Each handier, other than a producer- § 924.80, the base price and excess price paid the uniform price for all milk handler or one exempt pursuant to or the uniform prices shall be increased delivered; §§ 924.91 and 924.92, who during the or decreased for each one-tenth of one > (e) When a plant first becomes a pool month operates a nonpool plant from percent of butterfat content that the plant pursuant to § 924.16(a) bases for which fluid milk products are disposed milk received from each producer or a producers delivering to such plant may of on a route in the marketing area, cooperative association is above or below be established on the basis of deliveries shall in lieu of the payment required 3.5 percent, as the case may be, by an of milk to such plant for the preceding pursuant to § 924.80 through § 924.83, amount equal to the average daily whole­ August-December period certified by sub­ pay to the market administrator as fol­ sale price per pound of Grade A (92- mission of delivery receipts or other lows: score) bulk creamery butter per pound evidence satisfactory to the market (a) If such handler so elects at the at Chicago as reported by the U.S.D.A. administrator; and time of reporting pursuant to § 924.30 during the month multiplied by 0.113 and (f) Notwithstanding the provisions of his obligation shall be as follows: the result rounded to the nearest one- paragraph (e) of this section producers (1) On or before the 13th day after the half cent. without an established base who are de­ end of the month, for the producer- livering milk to plants during the month equalization fund, an amount equal to § 924.69 Notification. that such plants first become pool plants the difference between the value of Class On or before the 12th day after the as a result of redefinition of the market­ I milk disposed of during the month on end of each month the-market adminis­ ing area effective at the same date as routes in the marketing area at the ap­ trator shall notify each handler of: this paragraph shall be paid until Feb­ plicable Class I price for the month and (a) The amounts and values of his ruary 1, 1961, at the uniform price com­ the value of such milk at the Class II milk in each class and the total of such puted pursuant to § 924.62; and price; and amounts and values; (g) Through January 1961 a producer (2) On or before the 13th day after (b) The base of any producer deliver­ who has no base (or who relinquishes his the end of the month, as his pro rata ing milk to the handler which was not base pursuant to § 924.72) shall be paid No. 245------5 10222 PROPOSED RULE MAKING

during the first three full months he is a P ayment for Mil k cation at his discretion,: through audit producer the uniform price in each of the § 924.80 Time and method of payment. of the records of the cooperative associa­ months of August through December and tion pertaining thereto. Exceptions, if in other months, the price applicable to (a) Except as provided by paragraph any, to the accuracy of such certification base milk for the following percentages (b) of this section, on or before the 15th by a producer claimed to be a member, or of his milk deliveries and the price ap­ day of each month, each handler (except by a handler shall be made by written plicable to excess milk for the remainder a cooperative association) shall pay each notice to the market administrator, and of his deliveries: 75 percent for January producer for milk received from him dur­ shall be subject to his determination; and February; 70 percent for March; 60 ing the preceding month, not less than an (c) On or before the 13th day after percent for April and July;'and 40 per­ amount of money computed by multiply­ the end of each month, each handler cent for May and June. At the conclu­ ing the total pounds of such milk by the shall pay a cooperative association which sion of the first three full months deliv­ applicable uniform price(s) computed is a handler, with respect to milk received ery, a base shall be established for pay­ pursuant to §§ 924.62, 924.63, 924.64 or by him from a pool plant operated by ments to such producer through January 924.65 adjusted by the location and but- such cooperative association, or in bulk 1961, in the following m anner: Multiply terfat differentials pursuant to §§ 924.67 tank delivery pursuant to § 924.6(c), not the total deliveries in the months of and 924.68, less any proper deduction au­ less than an amount computed by multi­ August and September by 9.8 and Octo­ thorized by the producer: Provided, That plying the price, for base milk subject ber, November and December by 0.9, in if by such date such handler^has not re­ to the location adjustment applicable at January and February by 0.75, in March ceived full payment for such month pur­ the transferee plant as provided by by 0.7, in April and July by 0.6, and in suant to"§ 924.83 he may reduce such § 924.54 and the butterfat differential May and June by 0.4. Add the amounts payments uniformly per hundredweight provided by § 924.53, by the total hun­ so computed and divide by the number for all producers, by an amount not in dredweight of milk received by such of days in which milk was delivered dur­ excess of the per hundredweight reduc­ handler from the cooperative association. ing the three months. No base appli­ tion in payment from the market ad­ cable to the 12 months beginning ministrator; however, the handler shall § 924.81 Producer-equalization fund. February 1, 1961, shall be established on make such balance of payment to those The market administrator shall estab­ deliveries of less than 122 days. A pro­ producers to whom it is due on or before lish and maintain a separate fund, known ducer with an established base who re­ the date for making payments pursuant as the “producer-equalization fund” linquishes such base after September to this paragraph next following that on intp which he shall deposit all payments 1960 shall have a base established equal which such balance of payment is re­ received pursuant to § 924.82 and out of to his daily average deliveries in the ceived from the market administrator; which he shall make all payments pur­ September 1-December 31, 1960, period. (b) (1) Upon receipt of a written re­ suant to § 924.83. quest from a cooperative association § 924.71 Application of bases. § 924.82 Payments to the producer- which the Secretary determines is au­ equalization fund. (a) A base shall apply to deliveries of thorized by its members to collect pay­ milk by the producer for whose account ment for their milk and receipt of a (a) On or before the 13th day after milk was delivered during the base pe­ written promise to reimburse the handler the end of each month, each handler riod, and upon death may be transferred the amount of any actual loss incurred whose value of milk is required to be to a member or members of the deceased by him because of any improper claim computed pursuant to § 924.60 shall pay producer’s immediate family; on the part of the association, each han­ to the market administrator any amount (b) Eases may be transferred under dler shall pay to the cooperative associ­ by which such value for such month (in the following conditions upon written ation on or before the 13th day of each the case of a cooperative association notice by the holder of the base to the month, in lieu of payments pursuant to which is a handler, plus the minimum market administrator on or before the paragraph (a) of this section an amount amount due from other handlers pursu­ last day of the month that such base is equal to the gross sum due for all milk ant to § 924.80(c)) is greater than the to be transferred; received from certified members, less minimum amount required to be paid by (1) Upon retirement or entry into mil­ amounts owing by each member-pro­ him pursuant to § 924.80; and itary service of a producer the entire ducer to the handles^ for supplies pur­ (b) On or before the date applicable base may be transferred to a member or chased from him on prior written order thereto each handler who is required to members of his immediate family; or as evidenced by a delivery ticket make payment pursuant to § 924.66 (a) (2) Bases may be held jointly and if signed by the producer and each handler (1) or (b) (1) shall pay such amount to such joint holding is terminated the base shall submit to the cooperative associa­ the market administrator. may be divided among the joint holders tion written information on or before § 924.83 Payment out of the producer- as specified in writing to the market ad­ the 6th working day of each month equalization fund. ministrator; and which shows for each such member- (3) Two or more producers with bases producer (i) the total pounds of milk On or before the 14th day after the may combine those bases upon the for­ received from him during the preceding end Of each month, the market adminis­ mation of a bona fide partnership; and month, (ii) the total pounds of butter- trator shall pay to each handler any (c) A producer who does not deliver fat contained in such milk, (iii) the amount by which the value of milk for milk to any handler for 45 consecutive number of days on which milk was re­ such handler for the month pursuant to days shall forfeit his base except that the ceived, and (iv) the .amounts withheld § 924.60 (in the case of a cooperative following producers may retain their by the handler in payment for supplies association which is a handler, plus the bases without loss for 12 months: sold. The foregoing payment and sub­ minimum amount due from other hand­ (1) A producer who suffers the com­ mission of information shall be made lers pursuant to § 924.80(c)) is less than plete loss of his barn as a result of fire with respect to milk of each producer the total minimum amount required to or windstorm; or whom the cooperative association certi­ be paid by him pursuant to § 924.80, less (2) A producer for whom loss of 50 fies is a member, which is received on any unpaid obligations of such handler percent or more of the milk herd from and after the first day of the month next to the market administrator: Provided, brucellosis or bovine tuberculosis, is following receipt of such certification That if the balance in the producer- shown by evidence issued under state or through the last day of the month next equalization fund is insufficient to make Federal authority. preceding receipt of notice from the co­ all payments to all handlers pursuant to this paragraph, the market administra­ § 924.72 Relinquishing a base. operative association of a termination of membership or until the original re­ tor shall reduce uniformly such pay­ A producer, with a base, by notifying quest is rescinded In writing by the ments and shall complete such payments the market administrator that he relin­ as soon as the necessary funds become quishes such base, may be paid pursuant association; available. to the provisions of § 924.70(c) applicable (2) A copy of each such request, prom­ to a producer without a base beginning ise to reimburse and certified list of § 924.84 Expense of administration. with the first day of the month in which members shall be filed simultaneously As his pro rata share of the expense such notification is received by the mar­ with the market administrator by the as­ of administration of this part, each ket administrator. sociation and shall be subject to verifi­ handler shall pay to the market admin- Thursday, December 17, 1959 FEDERAL REGISTER 10223 istrator on or before the 13th day after §§ 924.82, 924.83, 924.84, 924.85 and Application op P rovisions the end of each month two cents per 924.86 shall be increased one-half of one § 924.90 Milk caused to be delivered by hundredweight, or such amount not ex­ percent on the first day of the month cooperative associations. ceeding two cents per hundredweight as next following the due date of such ob­ the Secretary may prescribe, with re­ ligation and on the first day of each Milk referred to in this part as re­ spect to (a) all receipts within the month month thereafter until such obligation ceived from producers by a handler shall of milk from producers, including milk is paid. include milk of producers caused to be delivered to such handler by a coopera­ of such handler’s own production, (b) all § 924.88 Termination of obligations. Other source milk on which payments tive association. (a) The obligation of any handler to are computed pursuant to § 924.60 (d), § 924.91 Handler exemption. and (c) the applicable amount specified pay money required to be paid under the in § 924.66 (a) (2) or (b) (2). terms of this part shall, except as pro­ A handler who operates a plant, other vided in paragraphs (b) and (c) of this than a plant described in § 924.16 (b) or § 924.85 Marketing services. section, terminate two years after the (c), located outside the marketing area (a) Except as set forth in paragraph last day of the month during which the from which fluid milk products are dis­ (b) of this section, each handler, in market administrator receives the han­ posed of on a route (s) within the mar­ making payments pursuant to § 924.80 dler’s report of utilization of the milk keting area but from which the disposi­ (a) for milk received from each producer involved in such obligation, unless tion of fluid milk products on all routes (including milk of such handler’s' own within such two-year period the market operating- wholly or partly within the production) at a plant not operated by administrator notifies the handler in marketing area averages less than 600 a cooperative association of which such writing that such money is due and pay­ pounds per day for the month, and from producer is a member, shall- deduct five able. Service of such notice shall be which no milk is transferred to other cents per hundredweight, or such amount complete upon mailing to the handler’s handlers, shall be exempted for such not exceeding five cents per hundred­ last known address, and it shall contain, month from all provisions of this part weight as the Secretary may prescribe, but need not be limited to, the following except §§ 924.31, 924.32, and 924.33. and, on or before the 13th day after the information: § 924.92 Handlers subject to other Fed­ end of each month, shall pay such de­ (1) The amount of the obligation; eral orders. ductions to the market administrator. (2) The month(s) during which the milk, with respect to which the obliga­ A handler who operates a plant at Such moneys shall be used-by the market which during the month milk is fully administrator to verify weights, samples, tion exists, was received or handled; and (3) If the obligation is payable to one subject to the classification, pricing and and tests of milk received from producers payment provisions of another market­ and to provide producers with market or more producers or to a cooperative association, the name of such producers ing agreement or order issued pursuant information, such services to be per­ to the act and/the disposition of fluid formed by the market administrator or or association, or if the obligation is payable to the market administrator, the milk products in the other Federal mar­ by an agent engaged by and responsible keting area exceeds that in the Southern to him; account for which it is to be paid; (b) If a handler fails or refuses, with Michigan marketing area shall be (b) In the case of producers whose exempt for such month from all provi­ milk is received at a plant not operated respect to any obligation under this part, to make available to the market admin­ sions of this part except §§ 924.31, 924.32, by a cooperative association of which and 924.33. such producers are members, for which istrator or his representatives all books payment is not made pursuant to § 924.80 or records required by this order to be § 924.93 Producer-handler exemption. made available, the market administra­ (b) or (c), and for whom a cooperative A producer-handler shall be exempt association is actually performing the tor may, within the two-year period provided for in paragraph (a) of this from all provisions of this part except services described in paragraph (a) of §§ 924.31, 924.32, and 924.33. this section, as determined by the Secre­ section, notify the handler in writing of tary, each handler shall make, in lieu such failure or refusal. If the market § 924.94 Special reporting datés. of the deductions specified in paragraph administrator so notifies a handler, the said two-year period with respect to such When a holiday prevents normal busi­ (a) of this section, such deductions from ness activities on any day except Sunday payments required pursuant to § 924.80 obligation shall not begin to run until the first day of the month following the during the first 15 days of the month, as may be authorized by such producers,' those of the dates specified in §§ 924.22 and pay such deductions on or before the month during which such books and rec­ ords pertaining to such obligation are (j) (2), 924.30, 924.31(b), 924.66, 924.80, 13 th day after the end of the month to 924.82, 924.83, 924.84, and 924.85 which the cooperative association rendering made available to the market adminis­ trator or his representatives; follow such holiday shall be postponed such services of which such producers by the number of days lost as a result are members. (c) Notwithstanding the provisions of paragraphs (a) and (b) of this section, of such holiday. § 924.86 Adjustment of accounts. a handler’s obligation under this part to E ffective T im e, S uspension or Whenever audit by the market admin­ pay money shall not be terminated with T ermination respect to any transaction involving istrator of any handler’s reports, books, § 924.100 Effective time. records, or accounts discloses adjust­ fraud or wilfull concealment of« a fact, ments to be made, for any reason, which material to the obligation, on the part of The provisions of this part, or of any result in moneys due: the handler against whom the obligation amendment hereto, shall become effec­ (a) To the market administrator is sought to be imposed; and tive at such time as the Secretary may’ from such handler; (d) Any obligation on the part of the declare and shall continue in force until (b) To such handled from the market market administrator to pay a handler suspended or terminated. any money which such handler claims administrator; or § 924.101 Suspension or termination. (c) To any producer or cooperative to be due him under the terms of this association from such handler, the mar­ part shall terminate two years after the The Secretary shall, whenever he finds ket administrator shall promptly notify end of the month during which the milk that this part, or any provision thereof, such handler of any such amount due, involved in the claim was received if an obstructs or does not tend to effectuate under payment is claimed, or two years the declared policy of the Act, terminate and payment thereof shall be made on after the end of the month dining which or suspend the operation of this part of or before the next date for making pay­ the payment (including deduction or any such provision thereof. ment set forth in the provisions under setoff by the market administrator) was § 924.102 Continuing obligations. which such error occurred, following the made by the handler if a refund on such 5th day after such notice. payment is claimed, unless such han­ If, upon the suspension or termination § 924.87 Overdue accounts. dler, within the applicable period of of any or all provisions of this part, there time, files, pursuant to section 8c(15) (A) are any obligations thereunder the final Any unpaid obligation of a handler or of - the Act, a petition claiming such accrual" or ascertainment of which re­ of the market administrator pursuant to money. quires further acts by any person (in- 10224 PROPOSED RULE MAKING eluding the market administrator), such the office of the market administrator e. The change iir name of product further acts shall be performed not­ and to pay necessary expenses of liquida­ shall be made as indicated in Part IV of withstanding such suspension or termi­ tion and distribution, such excess shall this document. nation. be distributed to contributing handlers f. The change in names and addresses § 924.103 Liquidation. and produçers, in an equitable manner. of manufacturers shall be made as indi­ M iscellaneous P rovisions cated in Part V of this document. Under the suspension or termination g. The corrections to the Coast Guard of the provisions of this part, except this § 924.110 Agents. document CGFR 59-34 regarding equip­ section, the market administrator, or The Secretary may, by designation in ment, installations or materials and such other liquidating agent as the Sec­ change in address of manufacturer ap­ retary may designate, shall, if so directed writing, name any officer or employee of the United States to act as his agent or proved August 27, 1959, and published in by the Secretary, liquidate the business the F ederal R egister of September 3, of the market administrator’s office, dis­ representative in connection with any of the provisions of this part. 1959 (24 F.R. 7139-7142) shall be made pose of all property in his possession or as indicated in Part VI of this document. control, including'"accounts receivable, § 924.111 Separability of provisions. and execute and deliver all assignments P art I—Approvals of E quipment, If any provision of this part, or its I nstallations or Materials or other instruments necessary or ap­ application to any, person or circum­ propriate to effectuate any such disposi­ stances, is held invalid the application of LIFE PRESERVERS, KAPOK, ADULT AND CHILD tion. If a liquidating agent is so desig­ such provisions, and of the remaining (JACKET TYPE) MODELS 3 AND 5 ^ nated, all assets, books, and records of provisions of this part, to other persons the market administrator shall be trans­ Approval No. 160.002/78/0, Model 3, or circumstances shall not be affected adult kapok life preserver, U.S.C.G. ferred promptly to such liquidating thereby. agent. If, upon such liquidation, the Specification Subpart 160.002, manufac­ funds on hand exceed the amounts re­ [F.R. Doc. 59-10683; Filed, Dec. 16, 1959; tured by Style-Crafters, Inc., P.O. Box quired to pay outstanding obligations of 8:48 a.m.] 2177, Station A, Greenville, S C. Approval No. 160.002/79/0, Model 5, child kapok life preserver, U.S.C.G. Specification Subpart 160.002, manufac­ tured by Style-Crafters, Inc., P.O. Box NOTICES 3277, Station A, Greenville, S.C. Approval No. 160.002/88/0, Model 3, adult kapok life preserver, U.S.C.G. Specification Subpart 160.002, manufac­ 390b), and section 3(c) of the Act of tured by Noble Products Co., Box 327, DEPARTMENT OF THE TREASURY August 9, 1954 (50 U.S.C. 198), and im­ Caldwell, Ohio. plementing regulations in 46 CFR Coast Guard Approval No. 160.002/89/0, Model 5, Chapter I : child kapok life preserver, U.S.C.G. Spec­ [CGFR 59-48] It is ordered, That: ification Subpart 160.002, manufactured a. All the approvals listed in Part I by Noble Products Co., Box 327, Caldwell, EQUIPMENT, INSTALLATIONS, OR of this-document which extend approvals Ohio. MATERIALS; CHANGES IN NAMES previously published in the F ederal R eg­ OF PRODUCTS AND CHANGES IN ister are prescribed and shall be in ef­ GAS MASKS, SELF-CONTAINED BREATHING AP­ fect for a period of 5 years from their PARATUS AND SUPPLIED-AIR RESPIRATORS NAMES A N D ADDRESSES OF respective dates as indicated at the end MANUFACTURERS Approval No. 160.011/27/0, Scott Air- of each approval, unless sooner can­ Pak, Model 6000-A2MS, self-contained Approval and Termination of Ap­ celed or suspended by proper authority; one-half hour compressed air breathing proval and Amendment of Prior and apparatus, at least one extra fully b. All the other approvals listed in Document charged cylinder of breathing air to be Part I of this document (which are not included as part of the complete unit, 1. Various items of lifesaving, fire­ covered by paragraph a above) are pre­ Bureau of Mines Approval No. BM-1308, fighting, and miscellaneous equipment, scribed and shall be in effect for a pe­ only for use with BM-1308 facepiece and installations, and materials used on mer­ riod of 5 years from the date of publica­ BM-1308 pressure regulator and assem­ chant vessels subject to Coast Guard in­ tion of this document in the F ederal bly, Scott assembly dwg.. No. 60C0A2MS, spection or on certain motorboats and R egister, unless sooner canceled or sus­ Rev. C. dated March 26, 1959, manufac­ other pleasure craft are required by law pended by proper authority; and tured by Scott Aviation Corporation, and various regulations in 46 CFR Chap­ c. All the approvals listed in Part II Lancaster, N.Y. ter I to be of types approved by the of this document are terminated be­ Approval No. 160.011/28/0, M-S-A Commandant, United States Coast cause (1) the manufacturer is no longer 0 9 Mask with Cleartone Speaking Dia­ Guard. The procedures governing the in business; or (2) the manufacturer phragm, Part No. B-75500, self-contained granting of approvals are set forth in does not desire to retain the approval; one-half hour compressed oxygen 46 CFR 2.75-1 to 2.75-50, inclusive. For or (3) the item is no longer being manu­ breathing apparatus, at least one fully certain types o f equipment, installations, factured; or (4) the item of equipment charged cylinder of oxygen to be in­ and materials specifications have been no longer complies with present Coast cluded as part of the complete unit, also prescribed by the Commandant and Guard requirements; or (5) the approval Bureau of Mines Approval No. BM-1309, are published in 46 CFR Parts 160 has expired. Except for those approvals only for use with BM-1309 facepiece and to 164, inclusive (Subchapter Q— which have expired, all other termina­ BM-1309 pressure regulator and assem­ Specifications). tions of approvals made by this docu­ bly, M.S.A. dwg. No. B-75500 Rev. 2 dated 2. By virtue of the authority vested in ment shall be made effective upon the June 15, 1959, manufactured by Mine me as Commandant, United States Coast thirty-first day after the date of pub­ Safety Appliances Co., 201 North Brad- Guard, by Treasury Department Order lication of this document in the F ederal dock Ave., Pittsburgh 8, Pa. Nos. 120, dated July 31, 1950 (15 F.R. R egister. Notwithstanding this termi­ Approval No. 160.011/29/0, M -S-A Air 6521), 167-14, dated November 26, 1954 nation of approval of any item of equip­ Mask with Cleartone Speaking Dia­ (19 F.R. 8026), 167-20, dated June 18, ment as listed in Part II of this docu­ phragm, Part No. B-75196,' self-con­ 1956 (21 F.R. 4894), and CGFR 56-28 ment? such equipment in service may be tained one-half hour compressed air dated July 24, 1956 (21 F:RT. 5659), and continued in use so long as such equip­ breathing apparatus, at least one extra R.S. 4405, as amended, 4462, as amended, ment is in good and serviceable fully charged cylinder of breathing air 4491, as amended, sections 1, 2, 49 Stat. condition. to be included as part of the complete 1544, as amended, section 17, 54 Stat. d. The change in name of product and unit, Bureau of Mines Approval No. 1310, 166, as amended, and section 3, 54 Stat. the change in name of manufacturer only for use with BM-1310 facepiece and 346, as amended, section 3, 70 Stat. 152 shall be made as indicated in Part III BM-1310 pressure regulator and assem­ (46 U.S.C. 405, 416, 489, 367, 526p, 1333, of the document. bly M.S.A. Dwg. No. B-75196, Rev. 2 Thursday, December 17, 1959 FEDERAL REGISTER 10225

dated June 15, 1959, manufactured by 18-person capacity, identified by con­ Approval No. 160.035/393/0, 28.0' x Mine Safety Appliances Co., 201 North struction and arrangement dwg. No. 3420, 9.0' x 4.0'. aluminum, hand-propelled Braddock Ave., Pittsburgh 8, Pa. Rev. C dated August 10, 1959, manufac­ lifeboat, 60-person capacity, identified tured by Welin Davit and Boat Division WINCHES, LIFEBOAT by construction and arrangement dwg. of Continental Copper & Steel Industries, No. 80216, Rev. B dated September 16, Approval No. 160.015/80/0, Type Inc., Perth Amboy, N.J. (Reinstates and 1959, manufactured by Welin Davit and B135-B lifeboat winch, approval is lim­ supersedes Approval No. 160.035/32/1 Boat ’Division of Continental Copper & ited to mechanical components and for a terminated in F ederal R egister Septem­ Steel Industries, Inc., Perth Amboy, N.J. maximum working load of 13,500 pounds ber 27, 1958.) Approval No. 160.035/397/0, 24.0' x pull at the drums (€.750 pounds per fa ll), Approval No. 160.035/34/2, 18.0'x 5.75' 8.0' x 3.5' fibrous glass reinforced plastic, identified by general arrangement dwg. x 2.42' steel, oar-propelled lifeboat, 15- motor-propelled lifeboat (Class B) 37- No. 80238 dated January 29, 1959, re­ person capacity, identified by construc­ person capacity, identified by general vised May 8, 1959, manufactured by tion and arrangement dwg. No. 757-1, arrangement dwg. No. P-24-1B, Altera­ Welin Davit and Boat Division of Conti­ Rev. C dated August 10, 1959, manu­ tion C, dated August 12, 1959, manufac­ nental Copper and Steel Industries, Inc., factured by Welin Davit and Boat Divi­ tured by Marine Safety Equipment Corp., Perth Amboy, N.J. sion of Continental Copper & Steel Point Pleasant, N.J. LADDERS, EMBARKATION-DEBARKATION Industries, Perth Amboy, N.J. (Rein­ Approval No. 160.035/400/0, 28' x 9' (FLEXIBLE) states and supersedes ' Approval No. x 4' aluminum, motor-propelled lifeboat, 160.035/34/1 terminated in F ederal R eg­ with radio cabin (Class A) 50-person Approval No. 160.017/4/5, Model 241-A, ister September 27, 1958.) capacity, identified by construction and Type II, embarkation-debarkation lad­ Approval No. 160.035/52/1, 26.0' x 9.0' arrangement dwg. No. 80251, Rev. A der, chain suspension, steel ears, dwg. x 3.67' steel, oar-propelled lifeboat, 50- dated September 10,1959, manufactured No. 241-A, dated February 21, 1950, re­ person capacity, identified by construc­ by Welin Davit and Boat Division of vised July 21, 1959, manufactured by tion and arrangement dwg. No. 1456-D, Continental Copper & Steel Industries, Great Bend Manufacturing Corp., 248 dated April 23,1954, and revised June 15, Inc., Perth Amboy, N.J. Main St., Fort Lee, N.J. (Plant: Great 1954, manufactured by Welin Davit and Bend, Pa.) (Supersedes Approval No. Boat Division of Continental Copper & JACKKNIFE (WITH CAN OPENER) 160.017/4/4 published in F ederal R eg­ Steel Industries, Inc., Perth Amboy, N.J. Approval No. 160.043/2/0, No. 850 jack­ ister September 3, 1959.) (Extension of the approval published in knife (with can opener) dwgs. PR- LIFE RAFTS F ederal R egister October 6, 1954, effec­ 110-15 and PR-110-24, dated June 22, tive October 6, 1959.) 1954, manufactured by Imperial Knife Approval No. 160.018/17/0, Type “B ” Approval No. 160.035/271/1, 22.0' x Co., Inc., Imperial Place, Providence, R.I. life raft, for other than ocean and coast­ 6.75' x 2.92' steel, oar-propelled lifeboat, (Extension of the approval published in wise service, 12.33' x 4.75' x 3.65', 25 25-person capacity, identified by con­ F ederal R egister October 6, 1954, effec­ person capacity, identified by General struction and arrangement drawing'No. tive October 6,1959.) Arrangement Dwg. -No. 60097," Rev. B. 22-1B, revision, B dated May 27, 1957, dated September 23, 1959, manufactured manufactured by Marine Safety Equip­ BUOYANT VESTS, KAPOK OR FIBROUS GLASS, by Welin Davit and Boat Division of Con­ ment Corp., Point Pleasant, N.J. (Rein­ ADULT AND CHILD tinental Copper and Steel Industries, states and supersedes Approval No. No te: Approved for use on motorboats of Inc., Perth Amboy, N.J. 160.035/271/0 terminated in F ederal Classes A, 1, or 2 not carrying passengers for h ire. DAVITS R egister May 29, 1957.) Approval No. 160.035/282/1,24.0' x 7'63' Approval No. 160.047/241/0, Model AK, Approval No. 160.032/33/2, Mechanical x 3.2i' aluminum, oar-propelled lifeboat, adult kapok buoyant vest,’ U.S.C.G. davit, straight boom sheath screw, Type 35-person capacity, identified by con­ Specification Subpart 160.047, manu­ R.D. 5-10, approved fdr a maximum struction and arrangement dwg. No. factured by Bottom -Dollar Industries, working load of 5,800 pounds per set 24-4C, Alteration A dated Augpst 9,1958, Inc., 715 Izard St., Little Rock, Ark. (2,900 pounds per arm) using not less manufactured by Marine Safety Equip­ Approval No. 160.047/242/0, Model than 2-part falls, identified by arrange­ ment Corp., Point Pleasant, N.J. (Rein­ CKM, child kapok buoyant vest, U.S.C.G. ment dwg. No. C.A. 395 dated January states and supersedes Approval No. Specification Subpart 160.047, manufac­ 10, 1944, manufactured by Lane Lifeboat 160.035/282/0 terminated in F ederal tured by Bottom Dollar Industries, Inc., and Davit Corporation, 8920 26th Ave., R egister March 14, 1959.) 715 Izard St., Little Rock, Ark. Brooklyn 14, N.Y. (Supersedes Approval Approval No. 160.035/294/1, 24.0' x Approval No. 160.047/243/0, Model No. 160.032/33/1 published in F ederal 7.63' x 3.21' aluminum, motor-propelled CKS, child kapok buoyant vest, U.S.C.G. R egister December 8, 1954.) lifeboat, without radio cabin (Class B), Specification Subpart 160.047, manufac­ Approval No. 160.032/150/1, Mechan­ 33-person capacity, identified by con­ tured by Bottom Dollar Industries, Inc., ical davit, straight boom sheath screw, struction and arrangement dwg. No. 715 Izard St., Little Rock, Ark. Type B-47, approved for a ihaximum 24-4D, Alteration A dated November 8, Approval No. 160.047/244/0, Model AK, working load of 9,450 pounds per set 1957, manufactured by Marine Safety adult kapok buoyant vest, U.S.C.G. Spec­ (4,725 pounds per arm) using not less Equipmerit Corporation, Point Pleasant, ification Subpart 160.047, manufactured than 2-part falls, identified by general N.J. (Reinstates and supersedes Ap­ by Bottom Dollar~ Industries, Inc., 714 arrangement dwg. No. 80049, Rev. A proval No. 160.035/294/0 terminated in Izard St., Little Rock, Ark., for Allgood dated May 31, 1956, manufactured by F ederal R egister, March 14, 1959.) Products Co., 824 W. 8th St., Little Rock, Welin Davit and Boat Division of Conti­ Approval No. 160.035/307/1, 16.0' x Ark. nental Copper and Steel Industries, Inc., 5.5' x 2.38' aluminum, oar-propelled life­ Approval No. 160.047/245/0, Model Perth Ambpy, N.J. (Supersedes Ap­ boat, 12 person capacity, identified by CKM, child kapok buoyant vest, U.S.C.G. proval No. 160.032/150/0 published in construction and arrangement dwg. No. Specification Subpart 160.047, manufac­ F ederal R egister January 30, 1957.) 3473 dated April 7,1953 and revised Sep­ tured by Bottom Dollar Industries, Inc., lifeboats tember 18, 1959, manufactured by Welin 715 Izard St., Little Rock, Ark., for All­ Davit and Boat Division of Continental good Products Co., 824 W. 8th St., Little Approval No. 160.035/27/3,28.0' x 9.0' x Copper & Steel Industries, Inc., Perth Rock, Ark. 4.0' steel, oar-propelled lifeboat, 59-per­ Amboy, N,J. (Reinstates and supersedes Approval No. 160.047/246/0, Model son capacity, identified by general Approval No. 160.035/307/0 terminated CKS, child kapok buoyant vest, U.S.C.G. arrangement dwg. No. G-2859, dated in F ederal R egister, June 20, 1959.) Specification Subpart 160.047, manufac­ June 10,1948 and revised August 13,1959, Approval No. 160.035/378/0, 16' x 5.5' tured by Bottom Dollar Industries, Inc., manufactured by C. C. Galbraith & Son, x 2.33' fibrous glass reinforced plastic, 715 Izard St:, Little Rock, Ark., for All­ Inc., 99 Park Place, New York 7, N.Y. oar-propelled lifeboat, 12-person capac­ (Supersedes Approval No. 160.035/27/2 ity identified by general arrangement good Products Co., 824 W. 8th St., Little published in F ederal R egister October 6, dwg. No. 16011, Rev. E, dated May 20, Rock, Ark. 1954.) 1959, manufactured J>y Mariner Lami­ Approval No. 160.047/250/0, Model Approval No. 160.035/32/2, 18.0' x 6.25' nates, Inc., 501 Atlantic Avenue, Free­ AK, adult kapok buoyant vest, U.S.C.G. x 2.75' aluminum, oar-propelled lifeboat, port, N.Y. Specification Subpart 160.047, manufac- 10226 NOTICES tured by Siegmund Werner Co., 1319 S. Ohio, for Sears, Roebuck and Co., 925 LIGHTS, (WATER) ; ELECTRIC, FLOATING, AU­ Michigan Ave., Chicago 5, 111. S. Homan Ave., Chicago 7, 111. TOMATIC (WITH BRACKET FOR MOUNTING) Approval No. 160.047/251/0, Model Approval No. 160.048/161/0, special CKM, child kapok buoyant vest, U.S.C.G. approval for 17" diameter x 2" thick, Approval No. 161.001/2/0, light (wa­ Specification Subpart 160.047, manufac­ round kapok buoyant cushion, 20 oz. ter), electric, floating, automatic (with tured by Siegmund Werner Co., 1319 S. kapok, The American Pad & Textile Co. bracket for mounting), dwg. No. E-851, Michigan Ave., Chicago 5, 111. dwg. Nos. C-20 and A-103, dated June Alteration 2 (sheets 1 and 2), dated June Approval No. 160.047/252/0, Model 15,1959, manufactured by The American 1, 1949, manufactured by Galbraith- CKS, child kapok buoyant vest, U.S.C.G. Pad & Textile Co., Greenfield, Ohio; 511 Pilot Marine Corp., 600 4th Ave., Brook­ Specification Subpart 160.047, manufac­ N. Solomon St., New Orleans 19, La.; and lyn 15, N.Y. tured by Siegmund Werner Co., 1319 S. Highway 40 West, Fairfield, Calif.; for- Approval No. 161.001/7/0, automatic Michigan Ave., Chicago 5, 111. Sears, Roebuck and Co., 925 S. Homan floating electric water light (with Appoval No. 160.047/253/0, Model Ave., Chicago 7, 111. bracket for mounting), dwg. No. S-1161- AK, adult kapok buoyant vest, U.S.C.G. Approval No. 160.048/162/0, special CG, Alteration D, manufactured by Sod- Specification Subpart 160.047, manufac­ approval for 15" x 15" x 2" rectangular erberg Manufacturing Co., Inc., 628 tured by P. J. Gould Co., 440 N. Wells kapok buoyant cushion, 20 oz. kapok, South Palm Ave., Alhambra, Calif. Street, Chicago, 111. U.S.C.G. Specification Subpart 160.048, SAFETY VALVES (POWER BOILERS) Approval No. 160.047/254/0, Model manufactured by Siegmund Werner Co., Approval No. 162.001/106/1, Series CKM, child kapok buoyant vest, U.S.C.G. 1319 S. Michigan Ave., Chicago 5, 111. ME-310, carbon steel body pop safety Specification Subpart 160.047, manufac­ BUOYS, LIFE, RING, UNICELLULAR PLASTIC valve, exposed spring, maximum pres­ tured by P. J. Gould Co., 440 N. Wells Approval No. 160.050/1/1, 30-inch uni- ' sure 515 p.s.i., maximum temperature St., Chicago, 111. 650° F. dwg. No. A1047S, dated July 29, Approval No. 160.047/255/0, Model cellular plastic ring life buoy, U.S.C.G. Specification Subpart 160.050 and dwg. 1948, approved for sizes IV2 ", 2 ", 2y2", CKS, child kapok buoyant vest, U.S.C.G. 3" and 4", manufactured by J. E. Specification Subpart 160.047, manufac­ No. 12874, Rev. 2, dated July 15, 1959, manufactured by B. F. Goodrich Sponge Lonergan Co., 2d and Race Sts., Phila­ tured by P. J. Gould Co., 440 N. Wells delphia 6, Pa. (Extension of the ap­ St., Chicago, 111. Products Division of the B. F. Goodrich Co., Shelton, Conn. (Supersedes Ap­ proval published in F ed er a l R eg ist er BUOYANT CUSHIONS, KAPOK OR FIBROUS proval No. 160.050/1/0, published in October 6, 1954, effective October 6, 1959.) GLASS F ed er a l R e g is t e r September 29, 1955.) Approval No. 162.001/107/1, Series No t e: Approved for use on motorboats of Approval No. 160.050/2/1, 24-inch uni­ cellular plastic ring life buoy, U.S.C.G. VM-320, carbon steel body pop safety Classes A, 1 or 2 not carrying passengers for valve, exposed spring, maximum pressure h ire. Specification Subpart 160.050 and dwg. No. 12874, Rev. 2, dated July 15, 1959, 365 p.s.i., maximum temperature 800° Approval No. 160.048/137/1, Group ap­ manufactured by B. F. Goodrich Sponge F., dwg. No. A1047S, dated july 29, 1948, proval for rectangular or trapezoidal ka­ Products Division of the B. F. Goodrich approved for sizes l 1/^", 2",^21/2" , 3 " and pok buoyant cushions, U.S.C.G. Specifi­ Co., Shelton, Conn. (Supersedes Ap­ 4", manufactured by J. E. Lonergan Co., cation Subpart 160.048, sizes and weights proval No. 160.050/2/0 published in 2d and Race Sts., Philadelphia 6, Pa. Approval No. Jf62.001/109/1, Series of kapok filling to be as per Table F ed era l R e g is t e r September 29, 1955.) Î60.048-4(c) (1) (i), manufactured by p. Approval No. 160.050/3/1, 20-inch uni­ VM-410, carbon steel body pop safety J. Gould Co., 440 N. Wells St., Chicago cellular plastic ring life buoy, U.S.C.G. valve, exposed spring, maximum pressure 10, 111. (Supersedes Approval No. Specification Subpart 160.050 and dwg. 1030 p.s.i., maximum temperature 650° 160.048/137/0 published in F ed er a l R eg ­ F., dwg. No. A1048S, dated July 29, 1948, No. 12874, Rev. 2, dated July 15, 1959, 2 is t e r March 14,. 1959.) manufactured by B. F. Goodrich Sponge approved for sizes IV ", 2 ", 2%y>, 3 " and Approval No. 160.048/142/1, group ap­ Products Division of the B. F. Goodrich 4", manufactured by J. E. Lonergan Co., proval for rectangular or trapezoidal ka­ Co., Shelton, Conn. (Supersedes Ap­ 2d and Race Sts., Philadelphia 6, Pa. pok buoyant cushions, U.S.C.G. Specifi­ proval No. 160.050/3/0 published in (Extension of the approval published in F ed er a l R e g is t e r October 6, 1954, ef­ cation Subpart 160.048, sizes and weights F ed era l R e g is t e r February 28, 1956.) of kapok filling to be as per Table fective October 6,1959.) 160.048-4(c) (1) (i), manufactured by BUOYANT VESTS, UNICELLULAR PLASTIC Approval No. 162.001/110/1, Series Henry Manufacturing Co., 1310. Mar­ FOAM, ADULT AND CHILD VM-420, carbon steel body pop safety quette Ave., Minneapolis 3, Minn. (Su­ N o te: Approved for use on motorboats of valve, exposed spring, maximum pressure persedes Approval No. 160.048/142/0 pub­ Classes A, 1 or 2 not carrying passengers for 730 p.s.i., maximum temperature 800° hire. lished in F ed er a l R e g is t e r March 14, F., dwg. No. A1048S, dated July 29, 1948, 1959.) approved for sizes IV2", 2 ", 2y2" , 3 " and Approval No. 160.052/50/0, Type II, 4", manufactured by J. E. Lonergan Co., ? Approval No. 160.048/155/0, group ap­ Model JP B -2, adult unicellular plastic proval for rectangular or trapezoidal 2d and Race Sts., Philadelphia 6, Pa. foam buoyant vest, assembly dwg. No. (Extension of the approval published in kapok buoyant cushions, U.S.C.G. Speci­ 59J633, dated July 23, 1959, manufac­ F ed er a l R e g is t e r October 6, 1954, ef­ fication Subpart 160.048, sizes .and tured by Gentex Corp., Carbondale, Pa. weights of kapok filling to be as per fective October 6,1959.) Approval No. 160.052/84/0, Type I, Approval No. 162.001/112/1, Series Table 160.048-4(c) (1) (i), manufactured Model AP, adult unicellular plastic foam by Bottom Dollar Industries, Inc., 715 VM-510, carbon steel body pop safety buoyant vest, U.S.C.G. Specification Sub­ valve, exposed spring, maximum pressure Izard St., Little Rock, Ark. part 160.052, manufactured by The Approval No. 160.048/156/0 group ap­ 1030 p.s.i., maximum temperature 650° American Pad & Textile Co., Greenfield, F., dwg. No. A1049S, dated July 29; 1948, proval for rectangular or trapezoidal Ohio, for Sears, Roebuck and Co., 925 S. kapok buoyant cushions, U.S.C.G. Speci­ approved for sizes IV2'', 2 ", 2 1/2", 3" Homan Ave., Chicago 7, 111. and 4 ", manufactured by J. E. Lonergan fication Subpart 160.048, sizes and Approval No. 160.052/85/0, Type I, weights of kapok filling to be as per Co., 2d and Race Streets, Philadelphia Model CPM, child unicellular plastic 6, Pa. (Extension of the approval pub­ Table 160.048-4(c) (1) (i), manufactured foam buoyant vest, U.S.C.G. Specifica­ by Botton Dollar Industries, Inc., 715 lished in F ed era l R e g is t e r October 6, tion Subpart 160.052, manufactured by 1954, effective October 6,1959.) Izard St., Little Rock, Ark., for Allgood The American Pad & Textile Co., Green­ Products Co., 824 W. 8th St., Little Rock, Approval No. 162.001/113/1, Series field, Ohio, for Sears, Roebuck and Co., VM-520, carbon steel body pop safety Ark. 925 S. Homan Ave., Chicago 7, 111. Approval No. 160.048/160/0, special Approval No. 160.052/86/0, Type I, valve, exposed spring, maximum pres­ approval for 15" x 15" x 2" rectangular Model CPS, child unicellular plastic sure 730 p.s.i., maximum temperature buoyant cushion with heat-sealed seams, foam buoyant vest, U.S.C.G. Specifica­ 800° F., dwg. No. A1049S, dated July 29, 20 oz. kapok, The American Pad & Tex­ tion Subpart 160.052, manufactured by 1948, approved for sizes IV2", 2 ", 21/£". tile Co. dwgs. C-19 and A-102, dated No­ The American Pad & Textile Co., Green­ 3" and 4", manufactured by J. E. Loner­ vember 19, 1958, manufactured by The field, Ohio, for Sears, Roebuck and Co., gan Co., 2d and Race Sts., Philadelphia American Pad & Textile Co., Greenfield, 925 S. Homan Ave., Chicago 7, 111. 6, Pa! (Extension of the approval pub-

j Thursday, December 17, 1959 FEDERAL REGISTER 10227 lished in F ed er a l R e g is t e r October 6 , Size -I; and Type C, Size I ) , manufac­ B, Size I; and Type C, Size I), manufac­ 1954, effective October 6, 1959.) tured by General Air Products Corp., tured by The General Fire Extinguisher Approval No. 162.001/131/1, Series 5345 North Kedzie Ave., Chicago 25, 111. Corp., 8740 Washington Blvd., Culver VMX-310, carbon steel body duplex pop (Supersedes Approval No. 162.005/38/0 City, Calif., and 6801 Rising Sun Ave., safety valve, exposed spring,- maximum published in F ed er a l R e g is t e r January Philadelphia 11, Pa. (Supersedes Ap­ pressure 415 p.s.i., maximum tempera­ 22, 1958.) proval No. 162.005/102/1 published in ture 650° F., dwg. No. F-145, dated De­ Approval No. 162.005/39/1, Gapco Mod­ F ed er a l R e g is t e r March 14, 1959.) cember 10, 1946, approved for sizes 2 ", el SRQ-5C, 5-lb. carbon dioxide type Approval No. 162.005/103/2, General 2 V2", 3" and 4", manufactured by J. E. hand portable fire extinguisher, assem­ Quick Aid Model 15R fSymbol GE, GEC, Lonergan Co., 2d and Race Sts., Phila­ bly dwg. No. SRQ-5, Rev. B dated May 8, GEN, or G E P), 15-lb. carbon dioxide type delphia 6, Pa. (Extension of the ap­ 1959, name plate dwg. No. GA-99-07B, hand portable fire extinguisher, assem­ proval published in F edera l R e g is t e r Rev. A dated July 27, 1959 (Coast Guard bly dwg. No. 15KR-1688, Rev. F dated October 6, 1954, effective October 6, classification: Type B, Size I; and Type April 11, 1959, name plate dwg. No. 1959.) C, Size I ) , manufactured by General Air 15AKR-3466, Rev. B dated October 8,, Approval No. 162.001/132/1, Series Products Corp., 5345 North Kedzie Ave., 1958 (Coast Guard classification: Type VMX-410, carbon steel body duplex pop Chicago 25, 111. (Supersedes Approval B, Size II; and Type C, Size II), manu­ safety valve, exposed spring, maximum No. 162.005/39/0 published in F ed er a l factured by The General Fire Extin­ pressure 600 p.s.i., maximum tempera­ R e g is t e r January 22, 1958.) guisher7 Corp., 8740 Washington Blvd., ture 650° F., dwg. No. F-145, dated De­ Approval No. 162.005/98/2, Fire Guard Culver City, Calif., and 6801 Rising Sun cember 10,’1946, approved for sizes 2", ModelFF-5 (Symbol GEN), 5-lb. carbon Ave., Philadelphia 11, Pa. (Supersedes 2V2", 3" and 4”, manufactured by J. E. dioxide type hand portable fire extin­ Approval No. 162.005/103/1 published in Lonergan Co., 2d and Race Sts., Phila­ guisher, assembly dwg. No. 5AKR-2632, F ed era l R e g is t e r March 14,1959.) delphia 6, Pa. (Extension of the ap­ Rev. A dated April 10, 1959, name plate Approval No. 162.005/131/0, Power- proval published in F ed er a l R e g is t e r dwg. No. 5AKR-2220, Rev. E dated Octo­ Pak Model No. T-50 (Symbol GEN), 5-lb. October 6, 1954, effective October 6, ber 8, 1958 (Coast Guard classification: carbon dioxide type hand portable fire 1959.) Type B, Size I; and Type C, Size I), extinguisher, assembly dwg. No. 5AKR- Approval No. 162,001/133/1, Series manufactured by The Fire Guard Corp., 12016, Rev. A dated August 14, 1959, VMX-510, carbon steel body duplex pop 1685 Shermer Road, Northbrook, 111. name plate dwg. No. 5AKR-12009 dated safety valve, exposed spring, maximum (Supersedes Approval No. 162.005/98/1 May 8, 1959 (Coast Guard classification: pressure 600 p.s.i., maximum tempera­ published in F ed er a l R e g is t e r March 14, Type B, Size I; and Type C, Size I), ture 650° F., dwg. No. F-145, dated De­ 1959.) manufactured by The Fire Guard Corp., cember 10, 1946, approved for sizes 2" Approval No. 162.005/99/2, Fire Guard 1685 Shermer Road, Northbrook, 111., and 2V2", manufactured by J. E. Loner­ Model FF-10 (Symbol GEN), 10-lb. car­ for Power-Pak Products, Inc., 43 Pearl gan Co., 2d and Race Sts,, Philadelphia bon dioxide type hand portable fire ex­ St., Buffalo 2, N.Y. 6, Pa. (Extension of the approval pub­ tinguisher, assembly "dwg. No. 10AKR- lished in F ed era l R e g is t e r October 6. 2635, Rev. A dated April 11, 1959, name FIRE EXTINGUISHERS, PORTABLE, HAND, 1954, effective October 6, 1959.) plate dwg. No. 10AKR-2221, Rev. F dated WATER, CARTRIDGE-OPERATED OR STORED Approval No. 162.001/220/0, Type October 8, 1958 (Coast Guard classifica­ PRESSURE TYPE 1910Fc, consolidated safety valve, steel tion: Type B, Size I; and Type C, Size Approval No. 162.009/6/2, Fyr-Fyter body, 300 p.s.i., dwg. No. 1905F-1928F, I) , manufactured by The Fire Guard Instant Model 78-5A, 2 *4-gal. loaded Rev. July 1, 1957, approved for IV2", Corp., 1685 Shermer Road, Northbrook, stream cartridge operated type hand manufactured by Manning, Maxwell & 111, (Supersedes Approval No. 162.005/ portable fire extinguisher, assembly Moore, Inc., 2415 E. 13th Place, Tulsa 4, 99/1 published in F ed er a l R e g is t e r dwg. No. 7356 dated March 31, 1959, Okla. V March 14,1959.) name plate dwg. No. 5565, Rev. K dated BOILERS, HEATING Approval No. 162.005/100/2, Fire Guard May 13, 1959 (Coast Guard classifica-* Approval NO. 162.003/158/0, C-2800-L Model FF-15 (Symbol GEN), 15-lb. car­ tion: Type A, Size II), manufactured by steel plate steam heating boiler, dwg. bon dioxide type hand portable fire ex­ The Fyr-Fyter Co., 221 Crane St., Day- No. F-7716A, Alteration A, dated May tinguisher, assembly dwg. No. 15AKR- ton 1, Oljio. (Supersedes Approval No. 17, 1954, and dwg. No. -G-7626, dated 2638, Rev. A dated April 11, 1959, name 162.009/6/1 published in F ed er a l R eg ­ April 29,1954, maximum design pressure plate dwg. No. 15AKR-2222, Rev. F dated is t e r July 17, 1956.1 30 p.s.i., approval limited to bare boiler, October 13,1958 (Coast Guard classifica­ Approval No. 162.009/J/2,—Fyr-Fyter manufactured by Cyclotherm Division tion: Type B, Size II; and Type C, Size Model 94-11 A, 2*4-gal. antifreeze car­ of National-U.S. Radiator Corp., Oswego, II) , manufactured by The Fire Guard tridge operated type hand portable fire N.Y. (Extension of the approval pub­ Corp., 1685 Shermer Road, Northbrook, extinguisher, assembly dwg. No. 7355 lished in F ed era l R e g is t e r October 6, 111. (Supersede» Approval No. 162.005/ dated March 30, 1959, name plate dwg. 1954, effective October 6, 1959.) i00/l published in F ed er a l R e g is t e r No. 7412 dated May 13, 1959 (Coast March 14,1959.) Guard classification: Type A, Size II), FIRE\ EXTINGUISHERS, PORTABLE, HAND, Approval No. 162.005/101/2, General manufactured by The Fyr-Fyter Co., 221 CARBON-DIOXIDE TYPE Quick Aid Model 5R (Symbol GE, GEC, Crane St., Dayton 1, Ohio. (Supersedes Approval No. 162.005/37/1, Gapco GEN, or G E P), 5-lb. carbon dioxide type Approval No. 162.009/7/1 published in Model SRH-15C, 15-lb. carbon dioxide hand portable fire extinguisher, assembly F ed er a l R e g is t e r July 17, 1956.) type hand portable fire extinguisher, as­ dwg. No. 5AKR—2328, Rev. B dated April Approval No. 162.009/22/0, American sembly dwg. No. SRH-15C, Rev. 2 dated 10_ 1959, name plate dwg. No. 5AKR- LaFrance Model PCW, 2^ -gal. stored May 8, 1959, name plate dwg. No. GA- 3456, Rev. C dated October 8,1958 (Coast pressure water type hand portable fire 99-08B, Rev, A dated July 27, 1959 Guard classification: Type B, Size I; and extinguisher, assembly dwg. No. 5X-1241 (Coast Guard classification: Type B, Size Type C, Size I), manufactured by The dated April 18,1958, name plate dwg. No. and Type C, Size II), manufactured General Fire Extinguishes Corp., 8740 5X-324, Rev. I dated August 24, 1959 by General Air Products Corp., 5345 Washington Blvd., Culyer City, Calif., (Coast Guard classification: Type A, Size North Kedzie Aye.,. Chicago 25, 111. and 6801 Rising Sun Ave., Philadelphia II), manufactured by American La­ (Supersedes Approval No. 162.005/37/0 11, Pa. (Supersedes Approval No. France, Division of Sterling Precision Published in F edera l R e g is t e r January 162.005/101/1 published in F ed er a l R eg ­ Corp., Elmira, N.Y. 22, 1958.) - is t e r March 14,1959.) Approval No. 162.009/34/0, Fyr-Fyter Approval No. 162.005/38/1, Gapco Approval No. 162.005/102/2, General Model 94-19A, 2 ^ -gal. water cartridge Model SRH-10C, 10-lb. carbon dioxide Quick Aid Model 10R (Symbol GE, GEC, operated type hand portable fire extin­ tire hand portable fire extinguisher, GEN, or GEP) ,10-lb. carbon dioxide type guisher, assembly dwg. No. 7355 dated assembly dwg. No. SRH-10, Rev. 2 dated hand portable fire extinguisher, assem­ March 30,1959, nameplate dwg. No. 7413 bly dwg. No. 10AKR-2280, Rev. C dated May 8, 1959, name plate dvfg. No. GA- dated May 13, 1959 (Coast Guard classi­ April 11, 1959, name plate dwg. No. fication: Type A, Size II), manufactured 99-08B, Rev. A dated July 27, 1959 10AKR-3462, Rev. B dated October 8, by The Fyr-Fyter Co., 221 Crane St., (Coast Guard classification: Type B, ’1958 (Coast Guard classification: Type Dayton 1. Ohio. 10228 NOTICES

Approval No. 162.009/35/0» Buffalo IV), manufactured by The General Fire Type C, Size I ) , manufactured by Leeder Better-Built Model -94-18A, 2% -gal. Extinguisher Corp., 6801 Rising Sun Manufacturing Co., 615 East First Ave., antifreeze cartridge operated type hand Ave., Philadelphia 11, Pa., and 8740 Roselle, N.J., for “L.P.” Harless Co., Inc., portable fire extinguisher, assembly dwg. Washington Blvd., Culver City, Calif. 2627 South Seventh Ave., Birmingham 5, No. 7355 dated March 30, 1959, name Approval No. 162.010/30/1, Fyr-Fyter Ala. plate dwg. No. 7414 dated May 13, 1959 Model No. 29-1, 5-lb, dry chemical stored .Approval No. 162.010/128/0, Vulcan (Coast Guard classification: Type A, Size pressure type hand portable fire ex­ Model No. 2% .(Symbol LE), 2%-lb. dry I I ) , manufactured by The Fyr-Fyter Co., tinguisher, parts list No. 29-1, revised chemical stored pressure type hand port­ 221 Crane St., Dayton 1, Ohio. March 10, 1959, name plate dwg. No. able fire extinguisher, assembly dwg. No. Approval No. 162.009/36/0, Buffalo 5516, Rev. L dated June 10, 1959 (Coast G-621-302-2, Rev. 4 dated May 6, 1959, Better-Built Model 94-20A, 2 l/z gal. Guard classification: Type B, Size I; and name plate dwg. No. A-928-302-H-2, water cartridge operated type hand Type C, Size I), manufactured by The Rev. 1 dated May 8, 1959 (Coast Guard portable fire extinguisher, assembly dwg. Fyr-Fyter Co., Dayton 1, Ohio. (Super­ classification: Type B, Size I; and Type No. 7355 dated March 30, 1959, name sedes Approval No. 162.010/30/1 pub­ C, Size I ) , manufactured by Leeder Man­ plate dwg. No. 7415 dated May 13, 1959 lished in F edera l R e g is t e r July 17,1956.) ufacturing Co., Inc., 615 E. First Ave., (Coast Guard classification: Type A, Size Approval No. 162.010/31/1, Buffalo Roselle, N.J., for “L.P.” Harless Co., Inc., I I ) , manufactured by The Fyr-Fyter Co., Model No. 29-2, 5-lb. dry chemical 2627 South Seventh Ave., Birmingham 221 Crane St., Dayton 1, Ohio. stored pressure type hand portable fire 5, Ala. Approval No. 162.009/37/0, Pyrene extinguisher, parts list No. 29-2, revised Approval No. 162.010/129/0, Elkhart Model W13-1A, 2y2-gal. antifreeze car­ March 10, 1959, name plate dwg. No. Model 2DCL (Symbol LE ), 2-lb. dry tridge operated type hand portable fire 5517, Rev. K dated December 30, 1958 chemical stored pressure type hand port­ extinguisher, assembly dwg, No. 7355 (Coast Guard classification: Type B, able fire extinguisher, assembly dwg. No. dated March 30, 1959, name plate dwg. Size I; and Type C, Size I), manufac­ G-921-302-2 C.G., Rev. 2, dated May 6, No. 7416 dated May 13, 1959 (Coast tured by The Fyr-Fyter Co., Day- 1959, name plate dwg. No. B-928-302- Guard classification: Type A, Size II), ton 1, Ohio. (Supersedes Approval E-2, Rev. 2 dated July 20, 1959 (Coast manufactured by The Fyr-Fyter Co., 221 No. 162.010/31/0 published in F ed era l Guard classification: Type B, Size I; Crane St., Dayton 1, Ohio. R e g is t e r July 17, 1956.) and Type C, Size I), manufactured by Approval No. 162.009/38/0, Pyrene Approval No. 162.010/42/1, C-O-Two Leeder Manufacturing Co., Inc., 615 E. Model H13-1A, 2% -gal. water cartridge Model PDC-5PB, 5-lb. dry chemical First Ave„ Roselle, N.J., for Elkhart operated type hand portable fire ex­ stored pressure type hand portable fire Brass Mfg., Co., Inc., 1302 W. Beardsley tinguisher, assembly dwg. No. 7355 dated extinguisher, parts list No. PDC5PB, re­ Ave., Elkhart, Ind. March 30,1959, name plate dwg. No. 7417 vised March 10, 1959, name plate dwg. Approval No. 162.010/130/0, Elkhart dated May 13, 1959 (Coast Guard classi­ No. 6683, Rev. H dated June 16, 1959 Model 2% DCL (Symbol L E ), 2% -lb. dry fication: Type A, Size II) , manufactured (Coast Guard classification: Type B, chemical stored pressure type hand port­ by The Fyr-Fyter Co., 221 Crane St., Size I; and Type C, Size I ) , manufactured able fire extinguisher, assembly dwg, No. Dayton 1, Ohio. by The Fyr-Fyter Co., Dayton 1, Ohio. G-621-302-2, Rev. 4 dated May 6, 1959, (Supersedes Approval No. 162.010/42/0 name plate dwg. No. B-928-302-E-3, Rev. FIRE EXTINGUISHERS, PORTABLE, HAND, DRY- published in F ed er a l R e g is t e r August 2, dated July 20, 1959 (Coast Guard CHEMICAL" TYPE 3, 1957.) classification-. Type B, Size I; and Type Approval No. 162.010/21/1, General Approval No. 162.010/105/0, Dayton C, Size I ) , manufactured by Leeder Man­ Quick Aid Model DC-10A (Symbol GE, Model No. 29-8, 5-lb. dry chemical stored ufacturing Co., Inc., 615 E. First Aye., GEC, GEN, or G EP), 10-lb. dry chemical pressure type hand portable fire ex­ Roselle, N.J., for Elkhart Brass Mfg., Co., pressure cartridge operated type hand tinguisher, parts list No. 29-8 dated lnc. , 1302 West Beardsley Ave., Elkhart, portable fire extinguisher, assembly dwg. March 12, 1959, name plate dwg. No. lnd. No. 5570, Rev. A dated March 19, 1958, 7368, JRev. A dated April 6, 1959 (Coast Approval No. 162.010/131/0, Elkhart name plate dwg. No. 5582, Rev. K dated Guard classification: Type B, Size I; Model 4DCL (Symbol L E ), 4-lb. dry October 10, 1958, (Coast Guard classifi­ and Type C, Size I ) , manufactured by chemical stored .pressure type hand cation: Type B, Size'll; and Type C, Size The Fyr-Fyter Co., Dayton 1, Ohio. portable fire extinguisher, assembly dwg. II), manufactured by The General Fire Approval No. 162.010/118/0, Allstate No. G-621-302-2, Rev. 4 dated May 6, Extinguisher Corp., 6801 Rising Sun No. 6461 (Symbol L E ), 2-lb. dry chemical 1959, name plate dwg. No. B-928-302-E- Ave., Philadelphia 11, Pa., and 8740 stored pressure type hand portable fife 4, Rev. 2 dated July 20, 1959 (Coast Washington Blvd., Culver City; Calif. extinguisher, assembly dwg. No. G-921- Guard classification: Type B, Size I; and (Supersedes Approval No. 162.010/21/0 302-2C.G., Rev. 2 dated May 6, 1959, Type C, Size I) . manufactured by Leeder and 162.010/24/0 published in F ed era l name plate dwg. No. ;B-928-302-SR-2, Manufacturing Co., Inc., 615 E. First R e g is t e r September 29, 1955.) Rev. 1 dated May 11, 1959 (Coast Guard Ave., Roselle, N.J., for Elkhart Brass Approval No. 162.010/22/1, General classification: Type B, Size I; and Type Mfg. Co., Inc., 1302 W. Beardsley Ave., Quick Aid Model DC-20A (Symbol GE, C, Size I ) , manufactured by Leeder Mfg. Elkhart, Ind. GEC, GEN, or GEP), 20-lb. dry chemical Co., Inc., 615 East First Ave., Roselle, Approval No. 162.010/132/0, Fire pressure cartridge operated type hand N.J., for Sears, Roebuck and Co., Chicago Guard Model D-10A (Symbol GE, GEC, portable fire extinguisher, assembly dwg. 7,111. GEN, or G EP), 10-lb. dry chemical pres­ No. 5568, Rev„ A dated March 19, 1958, Approval No.. 162.010/119/0, Allstate sure cartridge operated type hand port­ name plate dwg. No. 5580, Rev. J dated No. 6463 (Symbol L E ), 2%-lb. dry chem­ able fire extinguisher, assembly dwg. No. February 2, 1959 (Coast Guard classifi­ ical stored pressure type hand portable 5570, Rev. A dated March 19, 1958, name cation: Type B, Size III; and Type C, fire extinguisher, assembly dwg. No. G - plate dwg. No. 6000, Rev. H dated Oc­ Size III), manufactured by The General 621-302-2, Rev. 4 dated May 6, x 1959, tober 9,1958 (Coast Guard classification: Fire Extinguisher Corp., 6801 Rising Sun name plate dwg. No. B-928-302-SR-3, Type B, Size II; and Type C, Size II), Ave., Philadelphia 11, Pa., and 8740 Rev. 1 dated>May 11, 1959 (Coast Guard manufactured by The Fire Guard Corp., Washington Blvd., Culver City, Calif. classification; Type B, Size I; and Type 1685 Shermer Road, Northbrook, 111. (Supersedes Approval No. 162.010/22/0 C, Size I ) , manufactured by Leeder Mfg. Approval No. 162.010/133/0, Fire and 162.010/25/0 published in F ed er a l Co.,. Inc., 615 East First Aye., Roselle, Guard Model D-20A (Symbol GE, GEC, R e g is t e r September 29, 1955.) N.J., for Sears, Roebuck and Co., Chicago GEN, or G EP), dry chemical pressure 7, 111. 1 Approval No. 162.010/23/0, General cartridge operated type hand portable Quick Aid Model DC-30A (Symbol GE, Approval No. 162.010/127/0, Vulcan fire extinguisher, assembly dwg. No. 5568, GEC, GEN, or GEP), 30-lb. dry chemical Model No. 2 (Symbol LE ), 2-lb. dry pressure cartridge operated type hand chemical stored pressure type hand port­ Rev. A dated March 19,1958, name plate portable fire extinguisher, assembly dwg. able fire extinguisher, assembly dwg. No. dwg.-No. 6001, Rev. F dated October 9, No. 5569, Rev. A dated March 19, 1958, G-921-302-2 C.G., Rev. 2 dated May 6, 1958 (Coast Guard classification: Type name plate dwg. No. 5581, Rev. H dated 1959, name plate dwg. No. A-928-302- B, Size III; and Type C, Size H I), manu­ October 9, 1958 (Coast Guard classifica­ H-2, Rev. 1 dated May 8, 1959 (Coast factured by The Fire Guard Corp., 1685 tion: Type B, Size IV ; and Type. C, Size Guard classification: Type B, Size I; ancf ‘ Shermer Road, Northbrook, 111. Thursday, December 17, 1959 FEDERAL REGISTER 10229

Approval No. 162.010/134/0, Fire Guard able fire extinguisher, assembly dwg. No. Rev. A dated March 19,1958, name plate Model D-30A (Symbol GE, GEC, GEN, D-821-211-3, Rev. 1 dated May 8, 1959, dwg. No. 6129 dated June 15,1958 (Coast or GEP), dry chemical pressure cartridge name plate dwg. No. B-928-302-E-5, Rev. Guard classification: Type B, Size II; operated type hand portable fire ex­ 1 dated July 20,1959 (Coast Guard clas­ and Type C, Size II), manufactured by tinguisher, assembly dwg. No. 5569, Rev. sification i' Type B, Size I; and Type G, The General Fire Extinguisher Corp., A dated March 19,1958, name plate dwg. Size I), manufactured by Leeder Man­ 6801 Rising Sun Ave., Philadelphia 11, No. 6002, Rev. F dated October 9, 1958 ufacturing Co., Inc., 615 E. First Ave., Pa., and 8740 Washington Blvd., Culver (Coast Guard classification:sType B, Size Roselle, N.J., for Elkhart Brass Manu­ City, Calif., for M. L. Snyder & Son, Inc., IV; and Type C, Size IV ), manufactured facturing - Co., Inc., 1302 W. Beardsley Jasper and York Sts./ Philadelphia 25, by The Fire Guard Corp., 1685 Shermer Ave., Elkhart, Indiana. Pa. Road, Northbrook, 111. Approval No. 162.010/142/0, Elkhart Approval No. 162.010/148/0, Stempel Approval No. 162.010/135/0, Leeder Model 10DCL (Symbol LE ), 10-lb. dry Model No. 320 (Symbol GE, GEC, GEN, Marine Model No. 5NB, 5-lb. dry chemi­ chemical stored pressure type hand port­ or GEP), 20-lb. dry chemical pressure cal stored pressure type hand portable able fire extinguisher, assembly dwg. No. cartridge operated type hand portable fire extinguisher, assembly dwg. No. D - D-821-211-3, Rev. 1 dated May 8, 1959, fire extinguisher, assembly dwg. No. 5568, 821-211-3, Rev. 1 dated May 8, 1959, name plate dwg. No. B-928-302-E-6, Rev. Rev. A dated March 19,1958, name plate name plate dwg. No. B-928-302-5NB, 1 dated July 20, 1959 (Coast Guard Clas­ dwg. No. 6132 dated June 15,1958 (Coast dated July 21, 1959 (Coast Guard classi­ sification: Type B, Size II; and Type C, Guard classification: Type B, Size III; fication: Type B, Size I; and Type C, Size II), manufactured by Leeder Manu­ and Type C, Size I I I ) , manufactured by Size I) , manufactured by Leeder Manu­ facturing Co., Inc., 615 E. First Ave., The General Fire Extinguisher Corp., facturing Co., Inc., 615 E. First Ave., Roselle, N.J., for Elkhart Brass Manu­ 6801 Rising Sim Ave., Philadelphia 11, Roselle, N. J. facturing Co., Inc., 1302 W. Beardsley Pa., and 8740 Washington Blvd., Culver Approval No. 162.010/136/0, Leeder Ave., Elkhart, Indiana. City, Calif., for M. L. Snyder & Son, Inc. Marine Model No. 10NB, 10-lb. dry chem­ Approval No. 162.010/143/0, Elkhart Approval No. 162.010/149/0, Stempel ical stored pressure type hand portable Model 15DCL (Symbol L E ), 15-lb. dry Model No. 330 (Symbol GE, GEC, GEN, fire extinguisher, assembly dwg. No. D- chemical stored pressure type hand port­ or GEP.), 30-lb. dry chemical pressure 821-211-3, Rev. 1 dated May 8, 1959,( able fire extinguisher, assembly dwg. No. cartridge operated type hand portable name plate dwg. No. B-928-302-6NB D-821-211-3, Rev. 1 dated May 8, 1959, fire extinguisher, assembly dwg. No. 5569, dated July 21, 1959 (Coast Guard classi­ name plate dwg. No. B-928-302-E-7, Rev. Rev. A dated March 19,1958, name plate fication: Type B, Size II; and Type C, 1 dated July 20, 1959 (Coast Guard clas­ dwg. No. 6140 dated June 15, 1958 (Coast Size II), manufactured by Leeder Manu­ sification: Type A, Size II; and Type B, Guard classification: Type B, Size IV; facturing Co., Inc., 615 E. First Ave., Size n ) , manufactured by Leeder Man­ and Type C, Size IV ), manufactured by Roselle, N. J. ufacturing Co., Inc., 615 E. First Ave., The General Fire Extinguisher Corp., Approval No. 162.010/137/0, Leeder Roselle, N.J., for Elkhart Brass Man­ 6801 Rising Sun Ave., Philadelphia 11, Marine Model No. 15NB, 15-lb. dry chem­ ufacturing Co., Inc., 1302 W. Beardsley Pa., and 8740 Washington Blvd., Culver ical stored pressure type hand portable Ave., Elkhart, Ind. City, Calif., for M. L. Snyder & Son, Inc., fire extinguisher, assembly dwg. No. D - Approval No. 162.010/144/0, Elkhart Jasper & York Sts., Philadelphia 25, Pa. 821-211-3, Rev. 1 dated May 8, 1959, Model 20DCL (Symbol L E ), 20-lb. dry VALVES, RELIEF (HOT WATER HEATING name plate dwg. No. B-928-302-7BN chemical stored pressure type hand port­ BOILERS) dated July 21,1959 (Coast Guard classi­ able fire extinguisher, assembly dwg. No. fication: Type B, Size II; and Type C, D-821-211-3, Rev. 1 dated May 8, 1959, Approval No. 162.013/12/1, McDonnell Size II), manufactured by Leeder Manu­ name plate dwg. No. B-928-302-E-8, Rev. No. 230-% " relief valve for hot water facturing Co., Inc., 615 E. First Ave., 1 dated July 20, 1959 (Coast Guard clas­ heating boiler, relieving capacity 303,000 Roselle, N.J. sification: Type B, Size III; and Type C, B.t.u. per hour, at maximum set pressure Approval No. 162.010/138/0, Leeder Size III), manufactured by Leeder Man­ of 30 p.s.i., dwg. No. 230, dated October 9, Marine Model No. 20NB, 20-lb. dry ufacturing Co., Inc., 615 E. First Ave., 1951, approved for % " inlet size, manu­ chemical stored pressure type hand port­ Roselle, N.J., for Elkhart Brass Man­ factured by McDonnell & Miller, Inc., able fire extinguisher, assembly dwg. No. ufacturing Co., Inc., 1302 W. Beardsley 3500 North Spaulding Ave., Chicago 18, D-821-211-3, Rev. 1 dated May 8, 1959, Ave., Elkhart, Ind. 111. (Extension of the approval pub­ name plate dwg. No. B-928-302-8NB Approval No. 162.010/145/0, Elkhart lished in F e d e r a l R e g is t e r October 6 , dated July 21,1959 (Coast Guard classi­ Model 25DCL (Symbol L E ), 25-lb. dry 1954, effective October 6,1959.) fication: Type B, Size HI; and Type C, chemical stored pressure type hand port­ FLAME ARRESTERS FOR TANK VESSELS Size H I), manufactured by Leeder Man­ able fire extinguisher, assembly dwg. No. ufacturing Co., Inc., 615 E. First Ave., Approval No. 162.016/31/1, Type “LT” D-821-211-3, Rev. 1 dated May 8, 1959, flame arrester, open atmospheric pat­ Roselle, N.J. name plate dwg. No. B-928-302-E-9, Rev. tern, semi-steel body, copper or alumi­ Approval No. 162.010/139/0, Leeder 1 dated July 20,1959 (Coast Guard clas­ num alloy arrester elements, dwg. No. Marine Model No. 25NB, 25-lb. dry sification: Type B, Size III; and Type C, TS-1, revised August 15, 1950, approved chemical stored pressure type hand port­ Size II), manufactured by Leeder Man­ for sizes 6 ", 8 ", and 10", manufactured able fire extinguisher, assembly dwg. No. ufacturing Co., Inc., 615 E. First Ave., by The Staytite Company, 3606-12 Polk D-821-211-3, Rev. 1 dated May 8, 1959 Roselle, N.J., for Elkhart Brass Man­ Ave., Houston 3, Tex. (Extension of the name plate dwg. No. B-928-302-9NB ufacturing Co., Inc., 1302 W. Beardsley approval published in F ed er a l R e g is t e r dated July 21, 1959 (Coast Guard classi­ Ave.,. Elkhart, Ind. October 6, 1954, effective October 6, fication: Type B, Size m ; and Type C, Approval No. 162.010/146/0, Elkhart 1959.) Size III), manufactured by Leeder Man­ Model 30DCL (Symbol L E ), 30-lb dry Approval No. 162.016/32/1, Type ufacturing Co., Inc., 615 E. First Ave., chemical stored pressure type hand port­ “OST” flame arrester, open atmospheric Roselle, N.J. able fire extinguisher, assembly dwg. No. pattern, semi-steel body, copper or alu­ Approval No. 162.010/140/0, Leeder D-821-211-3, Rev. 1 dated May 8, 1959, minum alloy arrester elements, dwg. No. Marine Model No. 30NB, 30-lb. dry name plate dwg. No. B-928-302-E-10, TS-2, revised August 14, 1950, approved chemical stored pressure type hand port­ Rev. 1 dated July 20, 1959 (Coast Guard for sizes 3 " and 4 ", manufactured by able fire extinguisher, assembly dwg. No. classification: Type B, Size IV; and Type The Staytite Co., 3606-12 Park Ave., D-821-211-3, Rev. 1 dated May 8, 1959, C, Size IV ), manufactured by Leeder Houston 3, Tex. (Extension of the ap­ name • plate dwg. No. B-928-302-10NB Manufacturing Co., Inc., 615 E. First Ave., Roselle, N.J., for Elkhart Brass proval published in F ed er a l R e g is t e r dated July 21,1959 (Coast Guard classifi­ October 6, 1954 effective October 6, cation: Type B, Size IV; and Type C, Manufacturing Co., Inc., 1302 W. Beards­ Size IV ), manufactured by Leeder Man­ ley Ave., Elkhart, Ind. 1959.) ufacturing Co., Inc., 615 E. First Ave., Approval No. 162.010/147/0, Stempel gaging d e v ic e s , l iq u id l e v e l , l iq u e f ie d Roselle, N.J. Model No. 310 (Symbol GE, GEC, GEN, COMPRESSED GAS Approval No. 162.010/141/0, Elkhart or GEP), 10-lb. dry chemical pressure Model 5DCL (Symbol LE ), 5-lb. dry cartridge operated type hand portable Approval No. 162.019/13/0, RegO No. chemical stored pressure type hand port- fire extinguisher, assembly dwg. No. 5570, A2148R slip tube liquid level gauge for No. 245----- 6 10230 NOTICES

liquefied petroleum gas and anhydrous Approval No. 162.019/25/0, RegO. No. propelled lifeboat without radio cabin ammonia service, dwg. No. A2148R, A3165FP fixed tube liquid level gauge (Class B) , 40-person capacity, identified dated August 27, 1957, manufactured by for liquefied petroleum gas and an­ by general arrangement dwg. No. G- the Bastian-Blessing Co;, 4201 W. Peter­ hydrous ammonia service, dwg. No. 2440M dated May 17, 1954, and revised son Ave., Chicago 46, 111. • A3165FP, Rev. A, dated January 26,1959, June 29, 1954, manufactured by C. C. Approval No. 162.019/14/0, RegO No. ^manufactured by the Bastian-Blessing Galbraith & Son, Inc., 99 Park Place, A2148RD slip tube liquid level gauge for Co., 4201 W. Peterson Ave., Chicago 46, New York 7, N.Y. (Approved F ed er a l liquefied petroleum gas and anhydrous 'll!. R e g is t e r October 6, 1954. Termination ammonia service, dwg No. A2148RD, INCOMBUSTIBLE MATERIALS of approval effective October 6, 1959.) Rev. A, dated August 12, 1958, manufac­ Approval No. 164.009/58/0, “Hard Top”, tured by the Bastian-Blessing Co., 4201 PUMPS, LIFEBOATS, b il g e asbestos cement board type incombusti­ W. Peterson Avenue, Chicago 46, Illinois. Termination of Approval No. 160.044/ * Approval No. 162.019/15/0, RegO No. ble material identical to that described in National Bureau of Standards Test 7/0, size No. 2 lifeboat bilge pump con­ A2148RP slip tube liquid level gauge for structed in accordance with master dwg. liquefied petroleum gas and anhydrous Report No. TG10210-2044:FP3533 dated September 10, 1959, approved in a den­ No. J-4582%, Rev. B dated January 8, ammonia service, dwg. No. A2148RP, sity of 141 pounds per cubic foot, manu­ 1953, manufactured by The-Deming Co., dated January 20, 1958, manufactured factured by Dansk Etemit-Fabrik A/S, Salem, Ohio. (Approved F ed er a l R egis­ by the Bastian-Blessing Co., 4201 W. Aalborg, Denmark. t e r October 6,1954. Termination of ap­ Peterson Avenue, Chicago 46, Illinois. proval effective October 6, 1959.) Approval No. 164.019/16/0, RegO No. FIRE EXTINGUISHING SYSTEMS, FIXED Termination of Approval No. 160.044/ A2148RPD slip tube liquid level gauge National Aer-O-Foam Marine Foam 11/0, size No. 2 lifeboat bilge pump, iden­ for liquefied petroleum gas and anhy­ . Fire Extinguishing Systems with Aer-O- tified by master dwg. No. E-2450, Rev. A, drous ammonia service, dwg. No.' Foam Liquid 6% Regular, Instruction dated July 8, 1954, manufactured by A2148RPD, dated April 23, 1956, manu­ Sheet No. 620 dated February 20, 1959, Blaekmer Pump Co., Grand Rapids, factured -by the Bastian-Blessing Co., manufactured by National Foam System, Mich. (Approved F e d er a l R e g is t e r 4201 W. Peterson Ave., ChicaSgo 46, 111. Inc., Union & Adams Sts., West Chester, October 6, 1954. Termination of ap­ Approval No. 162.019/17/0, RegO No. Pa. (Supersedes approval published in proval effective October 6,1959.) 2072 rotary type liquid level gauge for F ed er a l R e g is t e r s March 21, 1951, De­ liquefied petroleum gas service, dwg. No. cember 15, 1953, and May 12, 1954.) FIRE EXTINGUISHERS, PORTABLE, HAND, 2072, Rev. H. dated March 6, 1959, man­ CARBON-DIOXIDE TYPE ufactured by the Bastian-Blessing Co., P art n — T erminations o f A ppro v a ls 4201 W. Peterson Ave., Chicago 46, I1L o f E q u ip m e n t , I nstallations or M a­ Termination of Approval No. 162.005/ Approval No. 162.019/18/0, RegO No. t e r ia l s 77/0, General Quick Aid Sno Fog Fife A8072 rotary type liquid level gauge for Guard, Model 5AKR (Symbol GE or anhydrous ammonia service, dwg. No. c lea n in g p r o c e s s e s f o r l i f e p r es er v e r s GEN), 5-lb. carbon dioxide type hand A8072, dated April 16, 1958, manufac­ Termination of Approval No. 160,006/ portable fire extinguisher, assembly dwg. tured by the Bastian-Blessing Co., 4201 18/0, Dix Cleaning Process for kapok life No. BC-205-XB, Rev. A, dated May 7, W. Peterson Ave., Chicago 46, 111. preservers as outlined in letter of June 1953, name plate dwg. No. CG-205-2, Approval No. 162.019/19/0, RegO No. 17, 1949, from Dix Dry Cleaning, 766-70 Rev. F, dated July 29, 1953 (Coast Guard A8092C rotary type liquid level gauge for classification: Type B, Size I; and Type Thirty-ninth Street, Brooklyn 32, N.Y. C, size I ) , manufactured by The General anhydrous ammonia service, dwg. No. (Approved F ed era l R e g is t e r October 6, Detroit Corp., 2272 East Jefferson Ave., A8092C, Rev. B, dated April 24, 1956, 1954. Termination of approval effective manufactured by the Bastian-Blessing July 27, 1959.) Detroit 7, Michigan. (Approved F ed ­ e r a l R e g is t e r October 6, 1954. Termi­ Co., 4201 W. Peterson Ave.', Chicago 46, LIFEBOATS 111. nation of approval effective .October 6, Termination of Approval No. 160.035/ 1959.) Approval No. 162.019/20/0, RegO No. 31/1, 12.0' x 4.42' x 1.92' steel, oar-pro­ A8092CL rotary type liquid level gauge Termination of Approval No. 162.005/ pelled lifeboat, 6-person capacity, identi­ 78/0, General Quick Aid Sno Fog Fire for liquefied petroleum gas service, dwg. fied by construction and arrangement No. A8092CL, Rev. A, dated April 24, Guard, Model 10R28 (Symbol GE or dwg. No. 3127, dated June 3, 1954, and GEN), 10-lb. carbon dioxide type hand 1956, manufactured by the Bastian- revised July 14, 1954, manufactured by Blessing Co., 4201 W. Peterson Ave., portable fire extinguisher, assembly dwg. Welin Davit and Boat Division of Con­ No. BC-210-XB, dated August 11, 1953, Chicago 46, 111. tinental Copper & Steel Industries, Inc., Approval No. 162.019/21/0, RegO No. name plate dwg. No. CG-210-A1, revised Perth Amboy, N.J. (Approved F ed er a l A8092CKL rotary type liquid level gauge August 11, 1953 (Coast Guard classifica­ R e g is t e r October 6, 1954. Termination tion: Type B, Size I; and Type C, Size I ) , for liquefied petroleum gas service, dwg. of approval effective October 6,1959.) No. A8092CKL, Rev, A, dated April 24, manufactured by The General Detroit Termination of Approval No. 160.035/ Corp., 2272 East Jefferson Avenue, De­ 1956, manufactured by the Bastian- 187/1, 36.0' x 9.0' x 3.83' steel, oar-pro­ troit 7, Mich. (Approved F ed er a l R e g is ­ Blessing Co., 4201 W. Peterson Ave., Chi­ pelled lifeboat, 53-person capacity, iden­ t e r cago 46, 111. October 6, 1954. Termination of ap­ tified by construction and arrangement proval effective October 6, 1959.) Approval No. 162.019/22/0, RegO No. dwg. No. 3201, dated December 14, 1953, Termination of Approval No. 162.005/ 3165F fixed tube liquid level gauge for and revised July 13, 1954, manufactured 79/0, General Quick Aid Sno Fog Fire liquefied petroleum gas service, dwg. No. by Welin Davit and Boat Division of Con­ Guard, Model 15R28 (Symbol GE or 3165F, Rev. G, dated January 29, 1959, tinental Copper & Steel Industries, Inc., GEN), 15-lb. carbon dioxide type hand manufactured by the Bastian-Blessing Perth Amboy, N.J. (Approved F ed era l portable fire extinguisher, assembly dwg. Co., 4201 W. Peterson Ave., Chicago 46, R e g is t e r October 6, 1954. Termination 111 No. BC-215-XB, dated August 11, 1953, . of approval effective October 6, 1959.) name plate dwg. No. CC-215-A1, revised Approval No. 162.019/23/0, RegO No. Termination of Approval No. 160.035/ August 11, 1953 (Coast Guard classifica­ 3165FP fixed tube liquid level gauge for 261/1, 34.0' x 7.75' x 3.33' aluminum, oar- tion: Type B, Size II; and Type C, Size liquefied petroleum gas service, dwg. No. propelled lifeboat, 37-person capacity, ED, manufactured by The General De­ 3165FP, Rev. F, dated January 29, 1959, identified by construction and arrange­ troit Corp., 2272 East Jefferson Ave., manufactured by the Bastian-Blessing ment dwg. No, 3300, dated August 25, Detroit 7, Mich. (Approved F ed era l Co., 4201 W. Peterson Ave., phicago 46, 1949, and revised June 18, 1954, manu­ R e g is t e r October 6, 1954. Termination 111. - . •' factured by Welin Davit and Boat Divi­ of approval affective October 6,1959.) k Approval No. 162.019/24/0, RegO No. sion of Continental Copper & Steel . Termination of Approval No. 162.005/ A3165F fixed tube liquid level gauge for Industries, Inc., Perth Amboy, N.J. (Ap­ 80/0, General Quick Aid Sno Fog Fire liquefied petroleum gas and anhydrous proved F ed er a l R e g is t e r October 6,1954. Guard, Model 5AKR (Symbol GEP), ammonia service, dwg. No. A3165F, Rev. Termination of approval effective Octo­ 5-lb. carbon dioxide type hand portable G, dated January 26,1959, manufactured ber 6, 1959.) fire extinguisher, assembly dwg. No. BC- by the Bastian-Blessing Co., 4201 W. Termination of Approval No. 160.035/ 205-XB, Rev. A, dated May 7, 1953, name Peterson Ave., Chicago 46, 111. 329/0, 24,0' x 8.0' x 3.5' steel, motor- plate dwg. No. CC-205-2, Rev. F, dated Thursday, December 17, 1959 FEDERAL REGISTER 10231

July 29,1953 (Coast Guard classification: Ohio. (Approved F ederal R egister Oc­ P art IV—Change in Name of P roduct Type B, size I; and Type C, Size I ) , man­ tober 6, 1954. Termination of approval effective October 6,1959.) The name o* the product manufac­ ufactured -by The General Pacific Corp., tured by Dansk Eternit Fabrik A/S, 1501 East Washington Blvd., Los Angeles Termination of Approval No. 162.020/ Aalborg, Denmark, with Approval No. 21, Calif. (Approved F ederal R egister 61/0, Model No. 5335, range for liquefied October 6, 1954. Termination of ap­ petroleum gas service, approved by the 164.008/33/0 published in F ederal R eg­ ister of May 15, 1956, has been changed proval effective October 6, 1959.) American Gas Association, Inc., under Termination of Approval No. 162.005/ Certificate No. 1-023-19.11, -21.1, -26.1, from “Navilite” to “Navilite 36, Type V”. 81/0, General Quick Aid Sno Fog Fire and -27.1) .001, manufactured by RCA P art V— Change in Name and Address of Guard, Model 10R28 (Symbol GEP), Estate ¿Appliance Corp., Hamilton, Ohio. M anufacturers 10-lb. carbon dioxide type hand portable (Approved F ederal R egister October 6, The name and address of the Ehret fire extinguisher, assembly dwg. No. BC- 1954. Termination of approval effective Magnesia Manufacturing Co., Valley 210-XB, dated August 11, 1953, name October 6, 1959.) Forge, Pennsylvania, have been changed plate dwg. No. CC-210-A1, revised Au­ Termination of Approval No. 162.020/ to Baldwin.-Ehret-Hill, Inc., 500 Breunig gust 11,1953 (Coast Guard classification: 62/0, Model No. 5337, range for liquefied Ave.^Trenton 2, N.J., for “Thermasil”, Type B, Size I; and Type C, Size I ) , man­ petroleum gas service, approved by the Approval No. 164.009/49/0, and “Ther- ufactured by The General Pacific Corp., American Gas Association, Inc., under malite”, Approval No. 164.009/50/0, in­ 1501 East Washington Blvd., Los Angeles Certificate No. l-(923-19.11, -21.1, -24.1, combustible materials published in the F ederal R egister -26.1, and -27.1) .001, manufactured by 21, Calif. (Approved F ederal R egister dated June 3, 1958. October 6, 1954. Termination of ap­ RCA Estate Appliance Corp., Hamilton, The name and address of the Ameri­ proval effective October 6,1959.) Ohio. (Approved F ederal R egister Oc­ can Rock Wool Corporation, Wabash, Termination of Approval No. 162.005/ tober 6, 1954. Termination of approval Indiana, have been changed to United 82/0, General Quick Aid Sno Fog Fire effective October 6, 1959.) States Gypsum Company, 300 West Guard, Model 15R28 (Symbol G E P), Termination of Approval No. 162.020/ Adams St., Chicago 6, 111., for Approval 15-lb. carbon dioxide type hand portable 63/0, Model No. 5339, range for liquefied No. 164.009/54/0 for incombustible ma­ fire extinguisher, assembly dwg. No. BC- petroleum gas service, approved by the terial published in the F ederal R egister 215—XB, dated August 11, 1953, name American Gas Association, Inc., under of September 27, 1958. plate dwg. No. CC-215-A1, revised Au­ Certificate No. l-(923-19.11, -21.1, -24.1, gust 11,1953 (Coast Guard classification: -26.1, and -27.1) “*.001, manufactured by P art VI—Correction to P rior D ocument Type B, Size II; and Type G, Size II), RCA Estate Appliance Corp., Hamilton, The Coast Guard Document CGFR 59- manufactured by The General Pacific Ohio. (Approved F ederal R egister Oc­ 34 and Federal Register Document 59- Corp., 1501 East Washington Boulevard, tober 6, 1954. Termination of approval 7362 published in the F ederal R egister Los Angeles 21, Calif. (Approved F ed­ effective October 6, 1959.) of September 3, 1959, are corrected by eral R egister October 6,1954. Termina­ Termination of Approval No. 162.020/ making the following change: tion of approval effective October 6, 64/0, Model No. 5341, range for liquefied (a) Substitute Approval No. 162.005/ 1959.) petroleum gas service, approved by the 124/0 in lieu of 162.005/121/0 under the American Gas Association, Inc., under heading Fire Extinguishers, Portable, GAGING DEVICES, LIQUID LEVEL, LIQUEFIED Certificate No. l-(923-19.11, -21.1, -24.1, COMPRESSED GAS — Hand, Carbon Dioxide Type. (24 F.R. -26.1, and -27.1) .001, manufactured by 7141, 1st cbl.) Termination of Approval No. 162.019/ RCA Estate Appliance Corp., Hamilton, 3/1, Model No. 62D liquefied compressed Ohio. (Approved F ederal R egister Oc­ Dated: November 10,1959. gas slip tube liquid level gauge, dwg. No. tober 6, 1954. Termination of approval [ seal] A. C. R ichmond, 106, sheets 1 to 14, Rev. 3, dated January effective October 6, 1959.) Vice Admiral, U.S. Coast Guard, 29, 1953, manufactured by the Metal BULKHEAD PANELS Commandant. Goods Manufacturing Co., 106-110 South [F.R. Doc. 59-10690; Filed, Dec. 16, 1959; \ Park Ave., Bartlesville, Okla. (Approved Termination of Approval No. 164.008/ 8:49 a.m.] ‘ F ederal R egister October 6, 1954. Ter­ 17/0, C Board, asbestos cement board mination of approval effective October 6, type bulkhead panel identical to that 1959.) described in National Bureau of Stand­ ards Test Report No. TG-3619-46; FR- Office of the Secretary appliances, liquefied petroleum gas 1791 dated August 13, 1940, approved as CONSUMING meeting Class B-15 requirements in a [AA 643.3] Termination of Approval No. 162.020/ %-inch thickness, manufactured by ALUMINUM FOIL FROM 19/0, Garland No. 14-00 deep fat fryer for Keasbey and Mattison Co., Ambler, Pa. SWITZERLAND liquefied petroleum gas service, approved (Approved F ederal R egister October 4, by the American Gas Association, Inc., 1957.) Determination of No Sales at Less under Certificate No. 13-7-1.001, manu­ Than Fair Value factured by the Detroit-Michigan Stove P art HI—Change in Name of P roduct Co., 6900 Jefferson Avenue East, Detroit and Manufacturer D ecember 9,1959. 31, Mich. (Approved F ederal R egister The name of the Baldwin-Hill Co.* 500 A complaint was received that alumi­ October 6, 1954. Termination of ap­ Breunig Ave., Trenton 2, N.J., has been num foil from Switzerland was being proval effective October 6,1959.) changed to Baldwin-Ehret-Hill, Inc., 500 sold in th e United States at less than Termination of Approval No. 162.020/ Breunig Ave., Trenton 2, N.J. The fair value within the meaning of the 59/0, Model No. 5331, range for liquefied names of the products with the follow­ Antidumping Act of 1921. petroleum gas service, approved by the ing approval numbers have been changed I hereby determine that aluminum American Gas Association, Inc., under as indicated: foil from Switzerland is not being, nor! Certificate No. 1-Í923-19.11, -24.1, -26.1, is likely to be, sold at less than fair and 27.1) .001, manufactured by RCA value within the meaning of section Approval Published Estate Appliance Corp., Hamilton, Ohio. No. Name of product in Federal 201(a) of the Antidumping Act, 1921, as (Approved F ederal R egister October 6, Register amended (19 U.S.C. 160(a)). 1954. Termination of approval effective Statement of reasons. Aluminum foil October 6,1959.) 164.007/18/0- “B-E-H 6-Pound Felt"- Oct. 4, 19S7 identical or similar to that sold for ex­ Termination of Approval No. 162.020/ structural Insulation. portation to the United States is not 164.007/19/0.. “B-E-H Loose Wool” Oct. 4, 1957 60/0, Model No. 5333, range for liquefied structural insulation. sold for home consumption in Switzer-1 petroleum gas service, approved by the 164.007/22/0- “B-E-H 8-Pound Felt” June 3, 1958 land in sufficient quantity to furnish an' structural insulation. American Gas Association, Inc., under 164.007/23/0- “B-E-H Mono-Block” June 3, 1958 adequate basis for comparison. Com-* Certificate No. K 923-19.il, -21.1, -24.1, structural insulation. parison was -accordingly made between! 164.009/28/1- “B-E-H Spun Felt” in­ July 4, 1958 -26.1 and 27.1) .001, manufactured by combustible material. prices to the United States' and prices RCA Estate Appliance Corp., Hamilton, for exportation to third countries. The: 10232 NOTICES

comparison disclosed no sales at less [AA 643.3] size containers of monosodium gluta­ than third country prices with the ex­ MONOSODIUM GLUTAMATE FROM mate at less than third country price ception of certain widths of capacitor during the early part of the period under foil sold during 1958 and a few sales of JAPAN consideration. The quantities thus sold unbacked converter foil made prior to Determination of No Sales at Less and the differences in price were deemed October 15, 1958. None of the sales to be not more than insignificant. made since October 15, 1958, has been at Than Fair Value Thereafter, the manufacturer revised its less than third country prices, due to a pricing, with the result that there have v D ecember 9, 1959. revision in the manufacturer’s pricing. been no further sales at less than third The evidence available indicatès that A complaint was received that mono­ country price, as represented by. either there is no likelihood of sales at less sodium glutamate from Japan was being the weighted average price or the pre­ than third country price in the future. sold to the United States at less than ponderance of sales. At no time was the The volume of sales sold at a dumping fair value within the meaning of the exporter’s sales price of retail size price was deemed to be not more than Antidumping Act of 1921. packages less than the home market insignificant. I hereby determine that monosodium price. The evidence available indicates This determination and the statement glutamate from Japan is not being, nor is that there is no likelihood of sales at of reasons therefor are published pur­ likely to be, sold in the United States at less than home market prices or at less suant to section 201(c) of the Anti­ less than fair value within the meaning than third country prices, as applicable, dumping Act, 1921, as amended (19 of section 201(a) of the Antidumping in the future. U.S.C. 160(c)). Act, 1921, as amended (19 U.S.C. 160(a) ). Statement of reasons. The bulk of the This determination and the statement [ seal] A. G ilmore F lues, of reasons therefor are published pur­ Acting Secretary of the Treasury. imported monosodium glutamate from Japan is sold by the major Japanese suant to section 201(c) of the Anti­ [F.R. Doc. 59-10691; Filed, Dec. 16, -1959; producer to a wholly-owned subsidiary dumping Act, 1921, as amended (19 8:49 ajn.] in the United States. The imported U.S.C. 160(c)). commodity is produced for two funda­ [seal] a . G ilmore F lu es, mentally different markets: (1) Retail Acting Secretary of the Treasury. size packages (1- to 28-ounce-size pack­ [AA 643.3] - [F.R. Doc. 59-10693; Filed, Dec. 16, 1959; ages) tor household kitchen use, and (2) 8:49 a.m.] CYANURIC CHLORIDE FROM JAPAN bulk sizes (5-pound tins to 125-pound drums) for industrial manufacturers. Determination of No Sales at Less The great preponderance of the imported Than Fair Value merchandise consisted of 100-pound DEPARTMENT OF THE INTERIOR drums. D ecem ber 9, 1959. In the home market, except for certain Bureau of Land Management A complaint was received that cyanuric small experimental sales, only retail size ALASKA chloride from Japan was being sold to packages are sold. Bulk sizes are sold the United States at less than fair value to third countries. The quantity of re­ Proposed Withdrawal and Reserva­ within the meaning of the Antidùmping tail size packages sold for home con­ tion of Land; Amendment Act of 1921. sumption and the quantity of bulk size I hereby determine that cyanuric packages sold to third countries was D ecem ber 11, 1959. chloride from Japan is not being, nor is adequate to form a basis for a fair value The notice of the proposed withdrawal likely to be, sold iiu the United States comparison. It was accordingly deter­ and reservation of land for the Federal at less than fair value within the mean­ mined that the proper fair value com­ Aviation Agency in the Anchorage Land ing of section 201(a) of the Antidumping parison was between home market price District, Alaska (Anchorage 042225) was Act, 1921, as amended (19 U.S.C. 160 and exporter’s sales price as to retail published in the federal R egister on (a )). size packages, and between third country June 12,1958 in Volume 23, Number 115, » Statement of reasons. Cyanuric chlo­ price and exporter’s sales price as to on Page 4170. The description of the ride is sold to this country in arms-length bulk size packages. lands involved in the application are transactions. The same product is sold In comparing the home market price hereby amended to read as follows: in the home market in substantial quan­ of retail size packages with the ex­ O uter M arker S ite tities. Consequently, for fair value pur­ porter’s sales price, due adjustment was poses, purchase price was compared to From .the Northwest corner of Air Naviga­ made for discounts and rebates appli­ tion Site Withdrawal No. 176, Cold Bay, home market price. cable to home market sales, a commodity The price structure in the home mar­ Alaska, go N. 8°43'55'' W. 15,549.50 feet to tax applicable only to home market the point of beginning, which said point is ket varies with the quantity purchased. sales; and a raw material cost differen­ identical to the termination point of a cer­ In calculating home market price; there­ tial resulting from the exemption of tain 400 foot wide right-of-way for an access fore, the price for the same quantity sold import duties on raw materials used in road and power and communication lines; 'to the United States was used. From the production of monosodium glutamate thence S. 68°27'14" W. 200 feet; this price, deductions were made for for exportation. In comparing the third thence N. 21°32'46'' W. 400 feet; inland freight, commission, finance country price of bulk size packages with thence N. 68°27'14" E. 400 feet; charges, selling expenses, and storage. the exporter’s sales price, due adjust­ thence S. 21°32'46" E. 400 feet; Adjustment was also made for the differ­ ment was made for commission, ocean thence S. 68°27'14" W. 200 feet to the point ence in cost of packing. freight, and insurance included in the Of beginning, . i In calculating purchase price, allow­ third country price.1 The exporter’s Containing 3.67 acres, more or less; all ance was made for ocean freight, insur­ sales price, both as to retail size and bearings true. ance, inland freight, storage, lighterage, bulk size packages, was calculated from commission, and selling expenses. L. T. Main, the price at which the importer sold thé Operations Supervisor. On the basis of the foregoing, it was merchandise in the United States, by found that the purchase price is not less deducting the included costs in the [FJR. Doc. 59-10667; Filed, Dec. 16, 1959; than the home market price. United States of selling, inland freight, 8:46 a.m.] This determination and the statement storage, duty, and brokerage, and the of reasons therefor are published pur­ cost of ocean freight and insurance. suant to section 201 (c) of the Antidump­ It was found that there had been sales IDAHO ing Act, 1921, as amended (19 U.S.C. 160(c)). of relatively small quantities of bulk Proposed Withdrawal and [ seal] A. Gilmore F lu es, 1For the purpose of the fair value com­ Reservation of Lands Acting Secretary of the Treasury. parison, both a weighted average third country price and the third country price December 11, 1959. [F.R. Doc. 59-10692; Filed, Dec. 16, 1959; at which a preponderance of sales was made The Department of the Army has filed 8:49 a.m.] were considered. an application, Serial Number 1-010942 Thursday, December 17, 1959 FEDERAL REGISTER 10233

for the withdrawal of the lands described 202), and should be made subject to the 3. John O. Gwin, as member, and Carl below, from all forms of appropriation provisions of the act. Norden as his alternate. 4. D. A. Peterson, as member, and K. R. under the Public Land Laws. The appli­ Winfield Livestock Auction, Inc., Winfield, cant desires the land for Strategic Air Peterson as his alternate. Kansas. — 5. M. F. Wallace, as member, and John -Command Missile Project. Dawson Livestock Sales Pavilion, Dawson, Todd as his alternate. For a period of 30 days from the date Minnesota. of publication of this notice, all persons Eagle Bend Sales Barn, Eagle Bend, To represent manufacturers market­ who wish to submit comments, sugges­ Minnesota. ing their products principally through Clinton Auction Livestock Market, Mill other channels: tions, or objections in connection with Hall, Pennsylvania. the proposed withdrawal may present Knoxville Sales Co., Knoxville, Pennsyl­ 6. Henry Carpenter, as member, and Clint their views in writing to the under­ vania.' . Loy as his alternate. signed officer of the Bureau of Land Tri County Auction, Brockway, Pennsyl­ 7. V. A. Haring, as member, and Clint Loy Management, Department of the In­ vania. as his alternate. terior, P.O. Box 2237, Boise, Idaho. f East Thetford Commission Sales, East 8. Majon Huff as member, and T. B. Huff Thetford, Vermont. as his alternate. If circumstances warrant it, a public 9. O. T. Snow, as member, and T. B. Huff hearing will be held at a convenient Gallerani’s Commission Sale, Inc., Brad­ ford, Vermont. as his alternate. time and place, which will be announced. Lynden Auction Market, Lynden, Wash­ 10. Vernon Witt, as member, and T. B. The determination pf the Secretary on ington. Huff as his alternate. the application will be published in the Beckley Livestock Auction Market, Beckley, To represent distributors marketing F ed er a l R e g is t e r . A separate notice will West Virginia. be sent to each interested party of their products principally through vet­ record. Notice is hereby given, therefore, that erinarians: The lands involved in the application the said Director, pursuant to authority 11. H. N. Holmes, as member, and William are: delegated under the Packers and Stock- A. Butler as his alternate. B o ise M erid ian , Idaho yards Act, 1921, as amended (7 U.S.C. 181 et seq.), proposes to issue a rule desig­ To represent distributors marketing T. 9 S., R. 5 E., nating the stockyards named above as their products principally through other Bee. 3; NW%NWy4SW%NWV4, Sy2NW& channels : SWV4NW%, SWV4S W%NW*4, Nwy4SEy4 posted stockyards subject to the provi­ sw>/4Nwy4, s y2s e 14s w %n w y4, n e ^ sions of the act, as provided in section 12. E. F. Dreppard, as member, and George n w |4Sw »4, wy2Nwi4sw>4 . Ny2SE‘A 302 thereof. C. Cloys as his alternate. Nwy4sw i4 , sw ‘As e y4n w 14sw 14, n w & Any person who wishes to submit Each person hereby selected as a NEi4 swy4sw % . Nwy4 sw % sw »4 , Nwy4 written data, views, or arguments con­ SWi4SW%SWyi; member or alternate member of the cerning the proposed rule may do so by Control Agency shall be notified of his Sec. 4; Ei/2SWy4NEy4, SE^NW^SW^, filing them with the Director, Livestock NE%, SW&SW&NE^, SE>4NEi4, SE& selection and shall begin serving on the SE^SE^NW^, Ey2Ei/2N E S W %, NE% Division, Agricultural Marketing Serv­ date that such person qualifies by filing n e %s e i4Sw %, Ny2SEy4 , Ny2sy2sE% , ice, United States Department of Agri­ a written acceptance of his appointment n ei4 s w ^ s w »4Se %. s e 14 s w V4 s e y4, culture, Washington 25, D.C., within 15 with the Secretary, and each such per­ SWV4SE^SE14, NyaSE^SEiASE^, SWV4 days after publication hereof in the son shall serve, after having qualified as SE^SEy,SEV4 . F ederal R egister. aforesaid, until December 31, 1969, and This area includes a total of 315.00 Done at Washington, D.C., this 11th in the event that the respective person’s acres located in Owyhee County, Idaho. day of December, 1959. successor has not been selected and has Within the above area the following- not qualified by December 31, 1960, such David M. P ettus, described lands, designated as parcel B, person shall serve until his successor has Director, Livestock Division, been selected and has qualified. are to be withdrawn for exclusive use of Agricultural Marketing Service. the applicant only: Dono at Washington, D.C., this 11th Beginning at a point North 0°36'27" east, [F.R. Doc. 59-10702; Filed, Dec. 16, 1959; day of December 1959. 215.98 feet from the east quarter corner of 8:49 a.m.] Section 4; thence by the foUowing bearings M. R. Clarkson, and distances: South, 850.0 feet; west, 420.0 Acting Administrator, feet; south 9°11'48" east, 1,063.67 feet; west, Agricultural Research Service. 890.0 feet; north 20°59'55" west, 1,060.43 feet; Agricultural Research Service north, 910.0 feet; east, 1,520 feet to the point [F.R. Doc. 59-10684; Filed, Dec. 16, 1959; of beginning, comprising a total of 53.91 8:48 a.m.] acres. ANTI-HOG-CHOLERA SERUM AND HOG-CHOLERA VIRUS The remaining area, designated as Order Selecting Members and Alter­ Parcel A, may be used for grazing pur­ Commodity Stabilization Service poses under the provisions of the Act of nate Members of Control Agency June 28,1934 (48 Stat. 1269) as amended. Pursuant to Marketing Agreement SUGAR IN CONTINENTAL UNITED M ichael T. S loan, and to Marketing Order STATES Acting State Supervisor. Pursuant to the provisions of the mar­ Importation for Refining and [F.R. Doc. 59-10668; Filed, Dec. 16, 1959; keting agreement and the marketing 8:46 a.m.] order regulating the handling of anti­ Storage; Amendment hog-cholera serum and hog-cholera The notice issued on September 28, virus (9 CFR Part 131), effective under 1959 (24 F.R. 7969) is hereby amended DEPARTMENT OF AGRICULTURE the provisions of Public Law 320, 74th by adding the following sentence at the Congress, approved August 24, 1935 (7 end of the second paragraph thereof: Agricultural Marketing Service U.S.C. 851 et seq.), the following persons “For the purpose of this notice, sugar WINFIELD LIVESTOCK AUCTION, are hereby selected to serve aTs members held in inventory under the control of a and alternates on the Control Agency es­ refiner in warehouse facilities within INC., ET AL. tablished pursuant to the said marketing two miles 'Of the refinery where such Proposed Posting of Stockyards agreement and to the said marketing sugar was received shall be deemed to order: be held at that refinery: Provided, how­ The Director of the Livestock Division, To represent manufacturers market­ ever, That the provisions of this sentence Agricultural Marketing Service, United ing their products principally through shall apply to sugar authorized for re­ States Department of Agriculture, has veterinarians : lease prior to December 17, 1959, only if information that the livestock markets 1. E. F. Buesklng, as member, and E. L. the principal on the bond pursuant to named below are stockyards as defined Boley as his alternate. which such authorization was issued, to­ in section 302 of the Packers and Stock- 2. E. A. Cahill, Jr., as member, and Ralph gether with the surety on such bond, yards Act, 1921, as amended (7 U.S.C. McKee as his alternate. notifies the Director, Sugar Division, 10234 NOTICES

Commodity Stabilization Service, U.S. parties in the Office of Government Aid, WTVY, Inc., to show cause why its au­ Department of Agriculture, Washing­ Maritime Administration. thorization for Station WTVY, Dothan, ton 25, D.C., that such sugar will be held A hearing on the application has been Alabama, should not be modified to pursuant to the provisions of this sen­ set before the Acting Maritime Admin­ specify operation on Channel 4 in lieu of tence.” istrator for December 21, 1959, at 9:30 Channel 9. Issued at Washington, D.C., this 14th a.m., e.s.t., in Room 4519, General Ac­ I f The Commission has before it for day of December 1959. counting Office Building,“ 441 G Street consideration: (a) the Petition for Re­ NW., Washington 25, D.C. Any person, consideration of WTVY, Inc., licensee of T rue D. M orse, firm, or corporation having any interest Station WTVY, Channel 9, Dothan, Ala­ Acting Secretary. (within the meaning of section 805(a) ) bama, filed on August 17, 1959, against [F.R. Doc. 59-10685; Filed, Dec. 16, 1959; in such application and desiring to be the Commission’s Report and Order 8:48 am .] heard on issues pertinent to section adopted July 15,1959 (FCC 59-721) ; (b) 805(a) must, before 9:30 a.m., e.s.t., oppositions to the Request for Recon­ December 21, 1959, notify the Secretary, sideration of WTVY, Inc., filed by Mar­ Maritime Administration in writing, in tin Theatres of Georgia, Inc. (Theatres), Office of the Secretary triplicate, and fife petition for leave to licensee of Station WTVM, Channel 28, intervene which shall state clearly and Columbus, . Georgia ; by Birmingham SOUTH CAROLINA concisely the grounds of interest, and the Television Corporation (Birmingham), Designation of Area for Production alleged facts relied on for relief.- Not­ permittee of Station WBMG, Channel withstanding anything in Rule 5(n) of 42, Birmingham, Alabama; and by Geor­ Emergency Loans the rules of practice and procedure, gia State Board of Education (Board of For the purpose of making production Maritime Administration, petitions for Education), applicant for educational emergency loans pursuant to section leave to intervene received after 9:30 Channel 9, Savannah, Georgia; (c) a 2(a) of Public Law 38, 81st Congress (12 a.m., e.s.t.,, December 21, 1959, will not statement with respect to the Petition U.S.C. 1148a-2(a) ) ,.,as amended, it has be granted in this proceeding. for Reconsideration of WTVY, Inc., filed been determined that in the following Dated : December 16,1959. by Columbus Broadcasting Company, counties in the State of South Carolina a Inc. (Columbus), licensee of Station production disaster has caused a need J ames L. P im p e r ,. WRBLr-TV, Channel 4, Columbus, Geor­ for agricultural credit not readily avail­ Secretary. gia; and (d) a reply by WTVY, Inc., to able from commercial banks, cooperative [F.R.. Doc. 59-10743; Filed, Dec/ 16, 1959; the oppositions and statement set forth lending agencies, or other responsible 9:38 a.m.] above. sources. 2. On January 20, 1958, the Commis­ So u t h C ar o lin a sion issued a notice of further proposed Aiken. Lee. DEPARTMENT OF HEALTH, EDU­ rule making and orders to show cause in Clarendon, Marion. the instant proceeding in which, inter Dillon. Marlboro. alia, it shifted Channel 9 from Dothan Edgefield. Newberry. CATION, AND WELFARE to Columbus and ordered WTVY, Inc., Florence. Saluda. Office of the Secretary to show cause why its authorization Horry. Sumter. should not be modified to specify opera­ Kershaw. Williamsburg. PUBLIC HEALTH SERVICE Lancaster. tion on Qhannel 4. In response to the show cause order, WTVY, Inc., on March Pursuant to the authority set forth Amendment of Statement of Organi­ 3, 1958, filed supporting comments con­ above, production emergency loans will zation and Delegations of Authority senting to the proposed modification. By not be made in the above-named coun­ Part 4 of the Statement of Organiza­ a subsequent communication dated Jan­ ties after June 30, 1960, except to appli­ tion and Delegations of Authority of the uary 27, 1959, WTVY, Inc., informed the cants who previously received such Department (22 F.R. 1049) is hereby Commission and parties to the proceed­ assistance and who can qualify under amended by adding at the end of subsec­ ing that it was withdrawing its consent established policies and procedures. tion 4.20(a) a new subparagraph (9) as to the show cause order and would de­ Done at Washington, D.C., this 11th follows: mand a hearing pursuant to section 316 day of December 1959. of the Communications Act of 1934, as (9) The Act of June 21,1950 (P.L. 569, amended, in the event the final action of T rue D. M orse, 81st Congress), as amended, relating to the Commission specified an antenna site Acting Secretary. the appointment of boards of medical at Cusseta, Georgiar, for the contemplated officers to determine the mental compe­ [F.R. Doc. 59-10686; Filed, Dec. 16, 1959; common Channel 3-Channel 9 antenna 8:48 a.m.] tency of members of the uniformed structure of WRBL-TV and WTVM in services. Columbus. WTVY, Inc., stated, how­ Dated: December 8, 1959. ever, that it would not withhold its con­ sent if the Commission specifically DEPARTMENT OF COMMERCE [seal] Arthur S. F lemming, designated an alternative antenna site, Secretary. Maritime Administration known as Juniper No. 2, for the joint {F.R. Doc. 59-10666; Filed, Dec. 16, 1959; antenna structure of the Columbus sta­ {Docket No. S-102] 8:46 a.m.] tions, which site was mutually agréeable FARRELL LINES, INC. to the Columbus stations. On July 15, 1959, the Commission adopted a Report Notice of Application and of Hearing FEDERAL COMMUNICATIONS and Order in this proceeding (FCC 59- Notice is hereby given of the applica­ 721) in which, among other things, it tion of Farrell Lines, Incorporated, for COMMISSION conditionally modified the license of written permission of the Maritime Ad­ WTVY, Inc., for Station WTVY in ministrator, under section 805(a) of the [Docket No. 12054; FCC 59-1247] Dothan to specify operation on Channel Merchant Marine Act, 1936, as amended, 4 in lieu of Channel 9, The Report and TABLE OF ASSIGNMENTS; TELEVI­ Order also conditionally modified the 46 U.S.C. 1223, for ts own vessel, the “SS SION BROADCAST STATIONS African Patriot”, which is under time licenses of Theatres and Columbus to charter to States Marine Lines, Inc., to Columbus, Ga.r and Dothan, Ala. specify operation by Theatres on Chan­ engage in one eastbound intercoastal nel 9 in lieu of Channel 28 in Columbus, voyage commencing at one Pacific port M emorandum Opinion and Order Desig­ and operation by Columbus on Channel on or about December 22, 1959, either nating Matter for H earing 3 in lieu of Channel 4 in Columbus, but carrying a full cargo of lumber or lum­ In the matter of amendment of § 3.606, without reference to a specifically de­ ber products to United States Atlantic Table of Assignments, Television Broad­ signated antenna site therefor. ports north of Cape Hatteras. This ap­ cast Stations (Columbus, Georgia), 3. On August 14, 1959, WTVY, Inc., plication may be inspected by interested Docket No. 12054; and order directing filed a Demand for Hearing pursuant to Thursday, December 17, 1959 FEDERAL REGISTER 10235 sections 303(f) and 316 of the Act, and nection with the WTVY, Inc., petition in WTVM on proposed Channel 9 from the stated that it would not acquiesce in or which it argues that the consent to modi­ “Juniper No. 2” site would result in a accept any modification of its license fication given by WTVY, Inc. is not rev­ 17-mile co-channel short separation for Channel 9 at Dothan except such as ocable, and, in any case, its (WTVY, to the Channel *9 site at Pembroke, may be accomplished by proper proceed­ Inc.) objections are directed to'the de­ Georgia, proposed by Board of Education. ings pursuant to the above-cited sections. termination of a joint antenna site to It is our position at the present time that 4. On August 17, 1959, WTVY, Inc., be utilized by WRBL-TV and WTVM, a 17-mile co-channel shortage is not jus­ filed a Petition for Reconsideration of ancMt has no status to object thereto. tifiable. Finally, in view of the agree­ the Commission’s Report and Order Columbus states that it will not consent ment between Columbus and Theatres to adopted July 15, 1959, requesting that to a modification of its license to require utilize a common antenna structure for the Commission either set aside the Re­ operation at an antenna site other than their operations on the proposed Chan­ port and Order or, in the alternative, “Juniper No. 2” or the Cusseta site. nels 3 and 9, and in view of their ac­ modify it to include a requirement that 10. On September 16, 1959, Theatres quiescence to modification of their the common antenna site to be used by filed a reply to the oppositions in the respective licenses predicated upon such WRBL-TV and WTVM under the modi­ subject proceeding, stating in substance mutual agreement and since aeronautical fied authorizations for Channels 3 and 9, that, as a result of the consent of Board hazard problems might result from any respectively, be specified as that location of Education and W RBL-TV to the use proposal to utilize separate sites for known as “Juniper No. 2”. WTVY, Inc., of the Juniper site, and since Theatres high antenna towers in the same general further requests the Commission to act also agrees with Board of Education as, area, we are reluctant to specify sepa­ on its pending application (BPCT-2595), to the use of precision offset carriér in rate sites for WTVM and WRBL-TV filed January 16, 1959, for authority to order to minimize interference, the Com­ which might otherwise be acceptable to increase tower height and power. mission is now in a position to finalize all concerned. 5. On August 21, 1959, WTVY, Inc., the Show Cause Orders in the subject In view of the above: It is ordered, filed a Motion to Stay the effectiveness proceeding. That the request for hearing contained of the July 17th Report and Order, and 11. On September 21,1959, WTVY, Inc., in the “Petition for Reconsideration” on September 2,1959, the Commission on filed its Reply to the oppositions and filed by WTVY, Inc., on August 17, 1959, its own motion stayed until further order statement filed in the subject proceed­ is granted and the “Petition for Recon­ that portion of the Report and Order ing. WTVY, Inc., alleges, in substance? sideration” in all other respects is denied. which changed the TV Table of Assign­ that the oppositions^, and statement do It is further ordered, That, pursuant ments. not controvert its showing of a right to to sections 303(f) and 316 of the Com­ 6. On August 28, 1958, Theatres and necessity for the reconsideration and munications Act of 1934, as amended, a. (WTVM) filed an opposition to the Peti­ other relief requested. WTVY, Inc!, sug­ hearing be held at the offices of the Com­ tion for Reconsideration and Motion for gests that the Commission grant its Peti­ mission in Washington, D.C., at a time Stay, alleging, in substance, that the tion for Reconsideration to the extent to be specified in a subsequent order, only problem to be determined by the of modifying the July 15th Report and before an Examiner to be later desig­ Commission is the antenna site to be Order to specify that WRBL-TV and nated, to determine whether the public utilized jointly by the Columbus stations, WTVM operate jointly from the “Juniper interest, convenience and necessity and arguing that the consent by WTVY, No. 2” antenna site; that the Commission would be promoted by modifying the Inc., to the modifications contemplated grant “a waiver of the mileage separa­ license of WTVY, Inc., for Station by the July 15th Report and Order can­ tion requirements and authorize Board of WTVY, Channel 9, Dothan, Alabama, not be withdrawn except with leave of Education to operate from the site pro­ to specify operation on Channel 4 in the Commission. posed on Channel *9; that the Commis­ Dothan. 7. On September 8, 1959, Birmingham sion issue to WTVY, Inc. authorization It is further ordered, That the hearing (WBMG) filed its opposition to the for facilities specifying Channel 4; and in this proceeding be expedited. WTVY, Inc., petition, arguing that grant that the Commission further order that It is fu rther ordered, That in conform­ of the petition is discretionary and no further action will be taken on the ity with the requirements of section 316 should be denied, and urging that, in pending petition for reconsideration or of the Communications Act of 1934, as the event WTVY, Inc. is granted a hear­ demand for hearing until WRBL-TV and amended, the burden of proceeding with ing, Channel 4 be removed from Colum­ WTVM are authorized to commence pro­ the introduction of evidence and the bus and assigned to Birmingham in gram tests with their new facilities at burden of proof shall be upon the Docket No. 12945, presently pending. “Juniper No. 2” site, and upon the date Commission. Birmingham argues that, should WTVY, such program test authorization is Adopted: December9,1959. Inc., be modified to'Channel 4 in Dothan, granted, the WTVY, Inc.,, petition and such operation would be feasible even demand for hearing be dismissed. Released: December 14,1959. though Channel 4 was also allocated to 12. WTVY, Inc., bases its objections to F ederal Communications Birmingham. the use of,the Cusçeta site by the Colum­ Commission,1 8. On September 10, 1959, Board of bus stations primarily upon the fact [ seal] Mary J ane M orris, Education, the applicant for educational that WRBL-TV, a CBS affiliate, oper­ Secretary. Channel 9 at Savannah, Georgia, filed ating from the Cusseta site would pene­ an opposition to the WTVY, Inc., peti­ trate the service area of WTVY and [F.R. Doc. 59-10696; Filed, Dec. 16, 1959; tion, stating that it opposes that petition eliminate a portion of its heretofore ^ 8:49 ajn.] insofar as it suggests that the “Juniper unduplicated CBS service. Should No. 2” site be used for the Channel 9 WTVY operate on Channel 4 at Dothan, station at Columbus, rather than the and WRBL-TV operate on Channel 3 at Cusseta site, for the reason that Board Cusseta, the prescribed minimum adja­ [Docket No. 13300; FCC 59-1246] of Education proposes a transmitter site cent channel separation would be 60 COAST VENTURA CO. (KVEN-FM) which would be 17 miles short of the miles. The Cusseta site is 83*4 airline required 190-mile co-channel separation miles from Dothan; the “Juniper No. 2” Order Designating Application for if the “Juniper N6. 2” site were used, site is 99^2 airline miles from Dothan. Hearing on Stated Issues whereas the short separation would be It is clear, therefore, that WTSpr, Inc. only four miles if the Cusseta site were has no legal right to dictate the trans­ In re application of Coast Ventura selected. The Board of Education states mitter location for the Columbus sta­ Company (KVEN-FM), Ventura, Cal­ that it is willing, however, as is WTVM, tions. However, WTVY, Inc., does have ifornia, has 100.7 Me, No. 264; 12 kw.; to consent to a waiver of the minimum a legal right to demand a hearing with minus 180 ft., req. 100.7 Me, No. 264; 38.6 separation requirement with respect to respect to the proposed modification of kw.; 1285 ft., Docket No. 13300, File No. the “Juniper No. 2” site, provided that its license. We have considered the pro­ BMPH-6Ó39; for modification of con­ both facilities employ precision carrier posal to specify the “Juniper No. 2” an­ struction permit. frequency offset. tenna site wjiich apparently would meet 9. On September 10, 1959, Columbus with no objection from any of the parties 1 Concurring statement of Commissioner (WRBL-TV) filed a statement in con­ concerned. However, operation of Bartley filed as part of original document. 10236 NOTICES

At a session of the Federal Communi­ Commission’s rules, in person or by at­ It appearing that, except as indicated cations Commission held at its offices in torney, shall within 20 days of the mail­ by. the issues specified below, the instant Washington, D.C., on the 9th day of ing of this Order, file with the Commis­ applicant is legally, technically, finan­ December 1959* sion, in triplicate, a written appearance cially, and otherwise qualified to con­ The Commission having under con­ stating an intention to appear on the struct and operate the instant proposal; sideration the above-captioned and de­ date fixed for the hearing and present and scribed application; evidence on the issues specified in this It further appearing that, pursuant to It appearing that except as indicated Order. section 309(b) of the Communications by the issues specified below, the instant Act of 1934, as amended, the Commis­ applicant is legally, technically, finan­ Released: December 14, 1959. sion, in a letter dated September 29, cially, and otherwise qualified to con­ F ederal Communications 1959, and incorporated herein by refer­ struct and operate the instant proposal; Commission, ence, notified the applicant, and any and [ seal] Mary J ane M orris, other known parties in interest, of the It further appearing that pursuant to Secretary. grounds and reasons for the Commis­ section 309 (b) of the Communications [F.R. Doc. 59-10697; Filed, Dec. 16, 1959; sion’s inability to make a finding that a Act of 1934, as amended, the Commis­ 8:49 ajn.] grant of the application would serve the sion, in a letter dated October 23, 1959, public interest, convenience and neces­ and incorporated herein by reference, sity; a n d ib a t a copy of the aforemen­ notified the applicant and any other tioned letter is available for public in­ known parties in interest, of the grounds [Docket Nos. 13203 etc.; FCC 59M-1695] spection at the Commission’s offices; and and reasons for the Commission’s in­ H AND R ELECTRONICS, INC., ET AL. It further appearing that the appli­ ability to make a finding that a grant of cant filed a timely reply to thè afore­ the application would serve the public Order Continuing Hearing mentioned letter, which reply has not, interest, convenience, and necessity; and In re applications of H and R Elec­ however, entirely eliminated the grounds that a copy of the aforementioned let­ tronics, Inc., Greenville, North Carolina, and reasons precluding a grant at this ter is available for public inspection at Docket No. 13203, File No. BP-11635; time and requiring an evidentiary hear­ the Commission’s offices; and Francis M. Fitzgerald, Greensboro, North ing on the particular issues hereinafter It further appearing that the ap­ Carolina, Docket No. 13205, File No. B P - specified; and plicant filed a timely reply to the afore­ 12566; Wilbur B. Reisenweaver, tr/as It further appearing that, the Com­ mentioned letter, which reply has not,, Reisenweaver-Communications Win­ mission’s above-referenced letter of Sep­ however, entirely eliminated the grounds ston-Salem, North Carolina, Docket No. tember 29, 1959, requested site photo­ and reasons precluding a grant without 13206, File No. BP-12641; North Carolina graphs in order that a determination hearing on the application; and Electronics, Inc., Raleigh, North Caro­ might be made as to whether the trans­ It further appearing that after con­ lina, Docket No. 13207, File No. B P - mitter site was satisfactory ; that, in an sideration of the foregoing and the ap­ 12769; James Poston and Frank P. amendment filed October 19, 1959, the plicant’s reply, the'Commission is still Larson, Jr. d/b as Poston-Larson Bread­ applicant submitted photographs which unable to make the statutory finding casting Company, Graham, North indicate the presence of two vertical that a grant of the application would Carolina, Docket No. 13208, File No. BP- towers of undetermined height in the serve the public interest, convenience, 13094 ;WYTI, Incorporated, Vinton, Vir­ near vicinity .of the antenna; and that, and necessity; and is of the opinion ginia, Docket No. 13209, File No. B P - therefore, it appears necessary to deter­ that the application must be designated 13117; for construction permits. mine whether these structures would re­ for hearing on the issues specified below; Pursuant to agreement of counsel ar­ sult in re-radiation and, or, cross-modu­ It is ordered, That, pursuant to section rived at during the prehearing confer­ lation effects with the proposed opera­ 309(b) of the Communications Act of ence held on this date: It is ordered, tion; and .1934, as amended, the instant applica­ This 10th day of December 1959, that the It further appearing that after con­ tion is designated for hearing, at a time hearing in the above-styled proceeding sideration of the foregoing and the ap­ and place to be specified in a subsequent presently scheduled for December 17, plicant’s reply, the Commission is still order, upon the following issues: 1959, is continued to March 1, 1960, at unable to make the statutory finding 1. To determine the area and popula­ 10 o’clock a.m., in Washington, D.C. that a grant of the application would tion within the 1 mv/m contour which Released: December 11, 1959. serve the public interest, convenience, may be expected to gain or lose service and necessity; and is of the opinion that from thé proposed operation of Station F ederal C ommunications the application must be designated for KVEN-FM and the availability of other Commission, hearing on the issues specified below; such FM broadcast service to said area [seal] M ary J ane M orris, It is ordered, That, pursuant to section and population. Secretary. 309(b) of the Communications Act of 2. To determine whether "the proposal [F.R. Doc. 59-10698; Filed, Dec. 16, 1959; 1934, as amended, the instant applica­ of KVEN-FM would, involve objection­ 8:49 am .] tion is designated for hearing, at a time able interference with Stations KMLA, and place to be specified in a subsequent Los Angeles, and KHJ-FM , Hollywood, Order, upon the following issues: California, or any other existing FM [Docket No. 13297; FCC 59-1244] 1. To determine the areas and popula­ broadcast stations, and, if so, the nature tions which may be expected to gain or and extent thereof, the /areas and popu­ HIAWATHALAND BROADCASTING lose primary service from the proposed lations affected thereby, and the avail­ CO. (WSOO) operation of Station WSOO and the ability of other FM service to such areas availability of other primary service to and populations. Order Designating Application for such areas and populations. 3. To determine, in the light of the Hearing on Stated Issues 2. To determine whether the instant evidence adduced, pursuant to the fore­ In re application of Hiawathaland proposal of Hiawathaland Broadcasting going issues, whether the application of Broadcasting Company (WSOO), Sault Company would involve objectionable in­ KVEN-FM. should be granted. Ste. Marie, Michigan, Has. 1230 kc, 250 terference with Station WCBY, Cheboy­ It is further ordered, That the KMLA w, U, requests 1230 kc, 250 w, 1 kw-LS, gan, Michigan, or any other existing Broadcasting Corporation, licensee of Ü, Docket No. 13297, File No. BP-12230, standard broadcast stations, and, if so, Station KMLA, Los Angeles, California, for standard broadcast construction the nature and extent thereof, the areas and RKO Teleradio Pictures, Inc., licen­ permit.. and populations affected thereby, and see o f ' Station KH J-FM , Hollywood, At a session of the Federal Communi­ the availability of other primary service California, are made parties to the cations Commission held at its offices in to such areas and populations. proceeding. Washington, D.C., on the 9th day of De­ 3. To determine whether the trans­ It is further ordered, That, to avail cember 1959; mitter site proposed by Hiawathaland themselves of the opportunity to be The Commission having under consid­ Broadcasting Company is satisfactory heard, the applicant and parties respond­ eration the above-captioned and de­ with particular regard to any conditions ent herein pursuant to § 1.140 of the scribed application; that may ^xist in the vicinity of the an- Thursday, December 17, 1959 FEDERAL REGISTER 10237 tenna system which would result in re­ the grounds and reasons precluding a [Docket Nos. 12957-12959; FCC 59M-1694] radiation and/or cross modulation ef­ grant of the said applications and re­ fects with the proposed operation. quiring a hearing on the particular PIONEER BROADCASTING CO. ET A L 4. To determine, in the light of theissues hereinafter specified ; and in which Order Continuing Hearing evidence adduced, pursuant to the fore­ the applicants stated that they would going issues, whether a grant of the in­ appear at a hearing on the instant ap­ In re applications of Pioneer Broad­ stant application would serve the public plications; and casting Company, Spanish Fork, Utah, interest, convenience and necessity. It further appearing that after con­ Docket No. 12957, File No. BP-11678; It is further ordered, Thpt the Straits sideration of the foregoing and the ap­ Jack E. Falvey and Hairy Saxe, d/b as Broadcasting Company, licensee of Sta­ plicants’ replies, the Commission is still Fortune Broadcasting, Salt Lake City, tion WCBY, Cheboygan, Michigan, is unable to make the statutory finding Utah, Docket No. 12958, File No. B P - made a party to the proceeding. that a grant of the applications would 12239; United Broadcasting Company It is further *ordered, That, to avail serve the public interest, convenience, (KVOG), Ogden, Utah, Docket No. 12959, themselves of the opportunity to be and necessity; and is of the opinion that File No. BP-12260; for construction heard, the applicant and party respond­ the applications must be designated for permits. ent, pursuant to § 1.140 of the Commis­ hearing in a consolidated proceeding on The Hearing Examiner having under sion rules, in person or by attorney, shall, the issues specified below; consideration a petition for postpone­ within 20 days of the mailing of this Or­ It is ordered, That, pursuant to section ment of various procedural dates, filed der, file with the Commission, in tripli­ 309(b) of the Communications Act of by United Broadcasting Company on De­ cate, a written appearance stating an in­ 1934, as amended, the instant applica­ cember 9, 1959; tention to appear on the date fixed for tions are designated for hearing in a con­ It appearing, that counsel for all par­ the hearing and present evidence on the solidated proceeding, at a time and place ties have agreed to the postponement issues specified in this Order. to be specified in a subsequent Order, requested; It is ordered, This 10th day of Decem­ Released: December 14,195SÎ. Upon the following issues: 1. To determine the areas and popula­ ber 1959, that the above petition is F ederal Communications tions which would receive primary serv­ granted, and the dates designated for Commission, ice from the proposed operations and hearing and various procedural steps [seal] Mary J ane Morris, the availability of other primary service herein are postponed as follows: Secretary. to- such areas and populations. [F.R. Doc. 59-10699; Filed, Dec. 16, 1959; 2. To determine, on a comparative From— To— 8:49 a.m.] basis, which of the instant proposals would better serve the public interest, Date for preliminary ex-, . Dec. 9,1959 Dec. 21,1959 convenience and necessity in light of the change of information. Date for exchange of ex­ Dec. 14,1959 Dec. 29,1959 evidence adduced pursuant to the fore­ hibits . constituting di­ [Docket Nos. 13298,13299; FCC 59-1245] going issues and the record (made with rect cases of applicants. respect to the significant differences be­ Date for hearing__ Dec. 17,1959 Jan. 6,1960 WILLIAM P* LEDBETTER AND tween the applicants as to: ^ O. SMITH a. The. background and experience Released: December 11,1959. Order Designating Applications for of each having a bearing on the appli­ cant’s ability to own and operate its pro­ F ederal Communications Consolidated Hearing on Stated posed station. Commission, Issues b. The proposals of each of the appli­ [seal] Mary J ane Morris, In re applications of William P. Led­ cants with respect, to the management Secretary. better, Tolleson, Arizona, requests 1190 and opération of the proposed station. [F.R. Doc. 59-10701; Filed, Dec. 16, 1959; kc, 250 w, DA-1, U, Docket No. 13298, c. The programming service proposed 8:49 a.m.] File No. BP-11951; E. O. Smith, Tolle­ in each of the said applications. son, Arizona, requests 1190 kc, 250 w, 3. To determine in the light of the evi­ DA-1, U, Docket No. 13299, File No. B P - dence adduced pursuant to the foregoing 13137; for construction permits. issues which, if either of the instant ap­ FEDERAL POWER COMMISSION At a session of the Federal Communi­ plications should be granted. [Project No. 2248] cations Commission held at its offices in It is further ordered, That, to avail Washington, D.C., on the 9th day of De­ themselves of the opportunity to be ARIZONA POWER AUTHORITY v heard, the applicants herein, pursuant cember 1959; Notice of Amendment to Application The Commission having under con­ to § 1.140 of the Commission rules, in sideration the above-captioned and person or by attorney, shall, within 20 for License described applications; days of the mailing of this Order file with the Commission, in triplicate a December 10, 1&59. It appearing: that except as indicated Public notice is hereby given that Ari­ by the issues specified below, the appli­ written appearance stating an intention to appear on the date fixed for the hear­ zona Power Authority, of Phoenix, Ari­ cants are legally, technically, financially, zona, has filed an application under the and otherwise qualified to construct, and ing and present evidence on the issues specified in this Order. Federal Power Act (16 U.S.C. 791a-825r) operate their instant proposals; and for amendment of its application for It further appearing that pursuant to It is further ordered, That, the issues in the above-captioned proceeding may license for proposed waterpower Project section 309(b) of the Communications No. 2248, to be known as the Colorado Act of 1934, as amended, the Commis­ be enlarged by the Examiner, on his own motion or on petition properly filed by a River Project and to consist of the sion, in a letter dated October 6, 1959, Bridge Canyon, Marble Canyon and and incorporated herein by reference, party to the proceeding, and upon suffi­ cient allegations of fact in support Little Colorado River developments on notified the instant applicants, and any the Colorado River, the Little Colorado other known parties in interest, of the thereof, by the addition of the following issue: To determine whether the funds River, and the latter’s tributary Moen- grounds and reasons for the Commis­ kopi Wash, in Coconino and Mohave sion’s inability to make a finding that a available to the applicant will give rea­ sonable assurance that the proposals set Counties, Arizona, and affecting lands of grant of either of the applications would the United States in the Lake Mead Na­ serve the public interest, convenience forth in the application will be effectu­ ated. tional Recreation Area, Hualapai Indian and necessity; and that a copy of the Reservation, Kaibab National Forest, aforementioned letter is available for Released: December 14, 1959. Navajo Indian Reservation and other public inspection at the Commission’s F ederal Communications lands of the United States. offices; and Commission, The proposed project would have a to­ It further appearing that the instant [seal] Mary J ane Morris, tal initial installed capacity of 820,000 applicants filed timely replies to the Secretary. kilowatts with a possible future installa­ aforementioned letter, which replies ¿F.R. Doc. 59-10700; Filed, Dec. 16, 1959; tion of an additional 650,000 kilowatts have not, however, entirely eliminated 8:49 a.m.] and is more specifically described as fol- No. 245------7 10238 NOTICES lows: (1) Bridge Canyon Development, The application is on file with the Com­ ary 9, 1960. Failure of any party to consisting of a concrete arch dam com­ mission for public inspection. appear at and participate in the hearing prised of a double-curvature arch sec­ shall be construed as waiver of and con­ J oseph H. Gutride, currence in omission herein of the inter­ tion 1,100 feet long, two gravity sections Secretary. 175 feet long, and a gated spillway sec­ mediate decision procedure in cases tion 243 feet long; a reservoir with nor­ [F.R. Doc. 59-10656; Filed, Dec. 16, 1959; whpre a request therefor is made. 8:45 a.m.] mal Water surface at elevation 1,610, an J oseph H. Gutride, area of 6,400 acres and storage of 820,000 Secretary. acre-feet; steel penstocks; a powerhouse [FJR. Doc. 59-10655; Filed, Dec. 16, 1959; downstream from the dam containing 8:45 a.m.] four 165,000-horsepower turbines each [Docket No. G-19974] directly connected to 120,000-kilowatt ALABAMA-TENNESSEE NATURAL generators installed initially with pro­ GAS CO. vision for two additional units and future [Docket No. G-11024 etc.] extension of the powerhouse to house Notice of Application and Date of CONTINENTAL OIL CO. ET AL. two units in an underground station; Hearing step-up transformers; a switchyard;' a Notice of Hearing, and Consolidation double-circuit 345-kv transmission line December 11, 1959. to a substation at Prescott; a double-cir­ Take notice that on October 27, 1959, December 11,1959. cuit 345-kv line from Glen Canyon as supplemented on November 19, 1959, In the matters of Continental Oil Com­ switchyard to the Prescott substation; Alabama-Tennessee Natural Gas Com­ pany, Docket No. G-11024; The Atlantic one double-circuit 345-kv line and one pany (Applicant) filed in Docket No. Refining Company, G-11034; Cities single-circuit 345-kv line on double-cir­ G-19974 an application pursuant to sec­ Service Production Company, G-11046, cuit towers between Prescott and Cave tion 7(c) of tbe Natural Gas Act for a G-15330; Tidewater Oil Company, G- Creek; a single-circuit 345-kv line be­ certificate of public convenience and 11049. tween Cave Creek and Tucson; one necessity authorizing the construction Take notice that, pursuant to man­ double-circuit 230-kv line from Cave and operation of certain facilities for the dates issued on November 16, 1959, by Creek to a substation in West Phoenix sale and delivery of natural gas on an the United States Court of Appeals for and a single-circuit 230-kv line from interruptible basis to Tennessee River the Third Circuit and filed with the Cave Creek to the Mesa substation, east Pulp & Paper Company for use in a paper Commission on November 20,1959, In the of Phoenix, both to be constructed on mill now under construction in Hardin Matters of Continental Oil* Company, et double-circuit towers; and appurtenant County, Tennessee, all as more fully set al., Docket No. G-11024, et al., the pro­ mechanical and electrical facilities; (2) forth in the application which is on file ceedings upon the applications of Con- Marble Canyon Development, consisting with the Commission and open to public tinèntal Oil Company (Continental) in of a concrete arch dam about 700 feet inspection. Docket No. G-11024, The Atlantic Refin­ long, including a submerged spillway at The facilities for which authorization ing Company (Atlantic) in Docket No. each end and an intake section; a reser­ is sought consist of approximately 13 G-11034, Cities Service Production Com­ voir with normal water surface at eleva­ miles of 6% inch lateral pipeline, and pany (Cities Service) in Docket No. G- tion 3,130, an area of 5,300 acres, and appurtenances, extending from Appli­ 11046 and Tidewater Oil Company storage of 480,000 acre-feet extending cant’s Corinth purchase gas meter sta­ (Tidewater) in Docket No. G-11049 for about 55 miles upstream to the Glen tion in Alcorn County, Mississippi, to the certificates of public convenience and Canyon dam; steel penstocks; a power­ aforesaid paper mill. The estimated cost necessity as heretofore'consolidated for house containing four 117,500-horse­ of these facilities is $285,000. purposes of hearing and disposition are power turbines each directly connected The initial maximum natural gas re­ hereby reopened for the purpose of en­ to 85,000-kilowatt generators installed quirement under this application is 6,000 abling the applicants therein to adduce initially with provision for two addi­ Mcf per day, which could be increased to such additional evidence as they may tional units; step-up transformers; a 7,500 Mcf per day at the buyer’s request, deem necessary or appropriate to support switchyard; and appurtenant electrical all on an interruptible basis. or justify the initial prices there pro­ and mechanical facilities; and (3) Little This matter is one that should be dis­ posed in accordance with the opinion and Colorado River Development, consisting posed of as promptly as possible under judgment of the Supreme Court of the of the Tolchico and Moenkopi Reservoirs the applicable rules and regulations and United States handed down on June 22, to be constructed for purposes of silt de­ to that end: 1959, in said proceedings there styled as tention: (a) Tolchico Development, con­ Take further notice that, pursuant to Atlantic Refining Company v. Public sisting of a rolled-fill dam located on the the authority contained in and subject Service Commission, 360 U.S. 378. Little Colorado River; a side channel un­ to the jurisdiction conferred upon the Filings, seeking authorization to sell controlled spillway; a reservoir with Federal Power Commission by sections 7 and deliver volumes of gas to Tennessee water surface at elevation of 4,700 feet, and 15 of the Natural Gas Act, and the Gas Transmission Company (Tennessee) an area of 28,000 acres and % capacity of Commission’s rules of practice and pro­ in addition to those originally sought in 600,000 acre-feet; two dikes; and a tun­ cedure, a hearing will be held on Ja n ­ the aforesaid applications, have been nel to convey releases from the reservoir; uary 19, 1960, at 9:30 a.m., e.s.t., in a made by Continental, Atlantic and Cities and (b) Moenkopi Development, consist­ Hearing Room of the Federal Power Service. By separate agreement with ing of a rock-fill dam on Moenkopi Commission, 441 G Street NW., Wash­ Tennessee, dated June 10, 1958, each of Wash; a side channel uncontrolled spill­ ington, D.C., concerning the matters these three applicants has dedicated to way; an intake tower; a tunnel; a reser­ involved in and the issues presented by the performance of its basic contract voir at elevation 4,230 feet with a capac­ such application: Provided, however, with Tennessee gas produced from, and ity of 50,000 acre-feet; and two dikes. That the Commission may, after a non- attributable to, its undivided lA interest The energy generated at the project contested hearing, dispose of the pro­ in four specified sands or reservoirs would be distributed throughout the ceedings pursuant to the provisions of underlying a single lease covering Block State of Arizona by the applicant or sold § 1.30(c) (1) or (2) of the Commission’s 63, East Cameron Area, Offshore Cam­ or exchanged with other distributors in rules of practice and procedure. ' Under eron Parish, Louisiana, in addition to adjacent states over the interconnected the procedure herein provided for, unless those specified sands or reservoirs under­ transmission system. otherwise advised, it will be unnecessary lying said lease as originally dedicated to Protests or petitions to intervene may for Applicant to appear or be repre­ the performance of the basic contracts be filed with the Federal Power Commis­ sented at the hearing. involved. sion, Washington 25, D.C., in accordance Protests or petitions to intervene may Cities Service made its filing on June with the rules of practice and procedure be filed with the Federal Power Commis­ 20, 1958, in Docket No. G-15330, as an of the Commission (18 CFR 1.8 or 1.10). sion, Washington 25, D.C., in accordance application for a certificate of public The last date upon which protests or pe­ with the rules of practice and procedure convenience and necessity. Subse­ quently, by order issued on February 16» titions may be filed is January 14, 1960. (18 CFR 1.8 or 1.10) on or before Janu­ Thursday, December 17, 1959 FEDERAL REGISTER 10239

1959, in Docket No. G-15330, Cities Serv­ to 7 rural electric cooperative associ­ The above-named Respondents have ice was issued a permanent certificate, ations. Yukon is a corporation organ­ tendered for filing proposed changes in conditioned as tc price as therein set ized under the laws of the State of Okla­ presently effective rate schedules for the forth, which authorized its proposed ad­ homa and owns and operates an electric jurisdictional sales of natural gas to ditional sale to Tennessee. This proceed­ distribution system. Yukon’s facilities West Lake Natural Gasoline Company ing in Docket No. G-15330 is hereby re­ consist of 19.92 pole miles of distribution (West Lake) from the Nena Lucia, West opened for further consideration and lines, of which 7.21 pole miles are out­ Lake Trammell and Martex Fields, disposition along with the related mat­ side the corporate limits of the Town Nolan and Mitchell Counties, Texas. ters and issues involved herein. of Yukon, Oklahoma, and other related The proposed changes, each of which Continental made its filing on June 23, equipment and appurtenances. Yukon’s constitute an increased rate and charge 1958, in Docket No. G-11024, as a motion facilities are used in furnishing electric of 1.4918 per Mcf—from 5.5 cents to to amend the permanent certificate of service in the Town of Yukon, and en­ 6.9918 cents per Mcf at 14.65 psia,2 are public convenience and necessity issued virons, having an estimated population contained in the following designated to it by the Commission’s now vacated of 3,000. The purchase and acquisition filings: • order of June 24, 1957. In effect, this by Applicant of the electric distribution Docket No. G-20284 filing is an amendment to Continental’s system of Yukon, together with materials Description: Notice of Change, Undated. original application in Docket No. G - and 'suppliés, accounts receivable, rights Date tendered: November 10,1959. 11024 and is open for consideration and of way, easements and franchise relating Rate schedule designation: Supplement disposition along with the related mat­ thereto,'is in consideration of the issue No. 1 to Standard Oil Company of Texas’ ters and issues involved herein, by Applicant of 11,700 shares of its Com­ FPC Gas Rate Schedule No. 32. Atlantic made its filing on June 27, mon Stock to Yukon, and assuming Effective date: January 22, I960.3 1958, in Docket No. G-15374, as an appli­ Yukon’s customers’ deposits, all in ac­ Docket No. G-20285 cation for a certificate of public conven­ cordance with the provisions of the Description: Notice of Change, dated No­ ience and necessity. Subsequently, by/ Agreement for Sale of Utility Assets vember 6, 1959. Commission letter dated November 17, dated November 17, 1959. Applicant Date tendered: November 16, 1959. 1959, the docket number designation of states there will be no change in the use Ra^e schedule designation: Supplement G-15374 was canceled and this filing re­ of the facilities after acquisition and Ap­ No. 2 to General American Oil Company of designated as an amendment to Atlan­ plicant will undertake all duties and Texas’ FPC Gas Rate Schedule No. 27. tic’s original. application in Docket No. legal obligations with respect to such Effective date: January 22, I960.3 G-11034. This filing is open for consid­ facilities, and their operations. The fa­ Docket No. G-20286 eration and disposition along with the cilities constitute all the operating facil­ Description: Notice of Change, dated No­ related matters and issues involved ities of Yukon. Applicant further states vember 16,/i959. herein. that Upon consummation of the trans­ Date Tendered: November 17, 1959. Take further notice that, pursuant to action, the electric distribution system Rate schedule designation: Supplement' the authority contained in and subject now owned by Yukon \ylll be integrated No. 2 to Shell Oil Company’s FPC Gas Rate to the jurisdiction conferred upon the into Applicant’s system, its power source Schedule No. 173. Federal Power Commission by sections strengthened and its voltage uniformity Effective date: January 22, I960.3 7 and 15 of the Natural Gas Act, and the improved, which will substantially im­ Standard Oil Company of Texas Commission's rules of practice and pro­ prove operating efficiency in the area. (Standard Oil) and General American cedure, a hearing will be held on Ja n ­ Applicant also states that the electric Oil Company of Texas (General Ameri­ uary 12, 1960/at 10:00 a.m., e.s.t., in a rates of Yukon are substantially the can) propose revenue-sharing type rate hearing room of the Federal Power Com­ same as its own and that the overall ef­ increases for gas sold to West Lake. West mission, 441 G Street NW., Washington, fect of the acquisition will result in no Lake resells the subject gas to El Paso D.C., concerning the matters involved material change in rates. Natural Gas Company (El Paso) after in and the issues presented by the afore­ Any person desiring to be heard or to treating and pays the producers 50 per­ said applications and amendments. make any protest with reference to said cent of the resale price it receives from J oseph H. Gtjtride, application should on or before the 30th El Paso for the residue gas with guar­ Secretary. day of December 1959, file with the Fed­ anteed floor prices in cents per Mcf eral Power Commission, Washington 25, specified in the producers contracts. [F.R. Doc. 59-10657; Filed, Dec. 16, 1959; D.C., petitions or protests in accordance 8:45 a.m.] The subject increases herein are based with the requirements of the Commis­ upon West Lake’s favOred-nation in­ sion’s rules of practice and procedure creased resale rate which was suspended (18 CFK 1.8 or 1.10). The application by the Commission for five months until [Docket No. E-6915] is on file and available for public January 22,1960, in Docket No. G-19156. inspection. In support, Standard Oil and General OKLAHOMA GAS AND ELECTRIC CO. J oseph H. G utride, American cite West Lake’s suspended in­ Notice of Application Secretary. creased rate and submit copies of West [F.R. Doc. 59-10658; File, Dec. 16, 1959; Lake’s letters advising that they are en­ D ecember 11, 1959. ■8:45 a.m.] titled to corresponding increased rates. Take notice that on December 4, 1959, Standard Oil offers no additional sup­ an application was filed with the Federal port, but General American states Power Commission pursuant to section additionally that such pricing arrange­ 203 of the Federal Power Act by Okla­ [Docket No. G-20284 etc.] ments are common in long-term con­ homa Gas and Electric Company (“Ap­ STANDARD OIL COMPANY OF tracts and permit initial deliveries at a plicant”), seeking an order authorizing low priced during the time buyer’s un­ the purchase and acquisition of the elec­ TEXAS ET AL. amortized capital investment is high and tric distribution system of Yukon Elec­ Order for Hearings and Suspending provides the seller with higher returns tric Company (“Yukon”). Applicant, Proposed Changes in Rates 1 contemporaneously with increasing costs. having its principal business office at Shell Oil Company (Shell) proposes a Oklahoma City, Oklahoma, is a corpora­ D ecember 10, 1959. revenue-sharing rate increase for cas­ tion organized under the laws of the In the matters of The Standard Oil inghead gas sold to West Lake. West State of Oklahoma and does business Company of Texas, Docket No. G-20284; Lake processes the subject gas through in the States of Oklahoma and Arkansas. General American Oil Company of its gasoline plant and resells the residue Applicant owns and operates electric Texas, Docket No. G-20285; Shell Oil 3 Rate subject to refund in General Amer­ utility properties and furnishes electric Company, Docket No. G-20286. service at retail in 259 communities and ican Oil Company of Texas’ Docket ^No. G - 15795. Rate subject to refund in Shell Oil contiguous rural and suburban terri­ ‘ This order does not provide for the con­ Company’s Docket No. G-16249. tories in Oklahoma and western Arkan­ solidation for hearing or disposition of the 3 Or date when West Lake’s suspended rate sas, and electric energy at wholesale for several matters covered herein, nor should it in Docket No. G-19156 becomes effective, resale in 13 additional communities and he so construed. whichever is later. 10240 NOTICES to El Paso. Shell’s contract provides [Docket No. G-19981 ] that Shell is to receive 50 percent of the OFFICE OF CIVIL AND DEFENSE amount received by West Lake for Shell’s TENNESSEE GAS TRANSMISSION CO. share of the residue gas sold. Shell’s MOBILIZATION subject increased rate is based upon West Notice of Application and Date of Lake's favored-nation increased resale Hearing OKLAHOMA rate to El Paso which was suspended in December 11,1959. Notice of Major Disaster Docket No. G-19156 for five months until January 22,1960. In support, Shell sub­ Take notice that on October 28, 1959, Pursuant to the authority vested mits an October 20, 1959 letter wherein Tennessee Gas Transmission Company in me by the President under Executive West Lake advises Shell that it is agree­ (Applicant) filed in Docket No. G-19981 Order 10427 of January 16, 1953, Execu­ able to pay Shell 50 percent of the in­ an application pursuant to section 7(c) tive Order 10737 of October 29, 1957, creased resale rate subject to Federal of the Natural Gas Act for a certificate Executive Order 10773 of July 1, 1958, Power Commission approval. Shell also of public convenience and necessity au­ and Executive Order 10782 of September cites the contract provisions which pro­ thorizing the construction and operation 6, 1958 (18 F.R. 407, 22 F.R. 8799, 28 F.R. vide for the increased rate. of field compression facilities, and ap­ 5061, and 23 F.R. 6971) ; by virtue of the The increased rates and charges so purtenant equipment, from time to time Act of September 30, 1950, entitled “An proposed have not been shown to be jus­ during the calendar year 1960, as may be Act to authorize Federal assistance to tified, and may be unjust, unreasonable, necessary to enable Applicant to take States and local governments in major unduly discriminatory or preferential, or from presently connected production disasters, and for other purposes” (42 otherwise unlawful. fields natural gas which would otherwise U.S.C. 1855-1855g), as amended; and in be lost to Applicant due to declining The Commission finds: It is necessary furtherance of a déclaration' by the and proper in the public interest and to wellhead pressures and other production President in his letter to me dated aid in the enforcement of the provisions and operating problems, at a total cost November 9, 1959, reading in part as not in excess of $1,500,000, with no single follows: of the Natural Gas Act that the Commis­ project to exceed a cost of $400,000, all sion enter upon hearings concerning the I hereby determine the damage in the as more fully set forth in the application lawfulness of the several proposed various areas of Oklahoma adversely affected which is on file with the Commission and by heavy rains and floods which occurred on changes and that the above-designated open to public inspection. supplements be suspended and the use or about September 20 to October 6, 1959, to thereof deferred as hereinafter ordered. The purpose of this “budget-type” be of sufficient severity and magnitude to proposal is to enable Applicant to realize warrant disaster assistance by the Federal The Commission orders: maximum recovery and full utilization Government to supplement State and local (A) Pursuant to the authority of the of natural gas reserves presently under efforts. Natural Gas Act, particularly sections In order to effect Federal assistance you contract to Applicant, thus assuring the are hereby authorized to allot $400,000, plus 4 and 15 thereof, the Commission’s rules maintenance of its natural gas service. of practice and procedure and the regu­ three per centum for administrative expenses This matter is one that should be dis­ from funds available for such purposes. lations under the Natural Gas Act (18 posed of as promptly as possible under CFR Ch. I ) , public hearings be held upon the applicable rules and regulations and I do hereby determine the following dates to be fixed by notices from the to that end: areas in the State of Oklahoma to have Secretary concerning the lawfulness of Take further notice that, pursuant to been adversely affected by the catas­ the several proposed increased rates and the authority contained in and subject trophe declared a major disaster by the charges contained in the above-desig­ to the jurisdiction conferred upon the President in his declaration of November nated supplements. Federal Power Commission by sections 9, 1959: (B) Pending hearings and decisions 7 and 15 of the Natural Gas Act, and the Blaine. Nowata. thereon, Supplement No. 1 to Standard Commission’s rules of practice and pro­ Canadian. Oklahoma. Oil’s FPC Gas Rate Schedule No. 32; cedure, a hearing will be held on Ja n ­ Craig. Osage. Supplement No. 2 to General American’s uary 14, 1960, at 9:30 a.m., e.s.t., in a Creek. Ottawa. FPC Gas Rate Schedule No. 27; and Sup­ Dewey. Pawnee. Hearing Room of the Federal Power Hughes. Payne. ■ plement No. 2 to Shell’s FPC Gas Rate Commission, 441 G Street NW.,' Wash­ Schedule No. 173 are hereby suspended Kay. Pittsburg. ington, D.C., concerning the matters in­ Kingfisher. Pottawatomie. and the use thereof deferred until Jan­ volved in and the issues presented by Lincoln. Rogers. uary 23,1960, or one day from such date such application: Provided, however, Logan. Tulsa. as West Lake’s suspended rate is made That the Commission may, after a non- Muskogee. Wagoner. effective, whichever is later and until contested hearing, dispose of the pro­ Noble. such further time as they are made ef­ ceedings pursuant to the provisions 0f Dated: December 8, 1959. fective in the manner prescribed by the § 1.30(c) (1) or (2) of the Cpmmission’s Natural Gas Act. rules of practice and procedure. Under L eo A. H oegh, (C) Neither the supplements hereby the procedure herein provided for, unless Director. suspended nor the rate schedules sought otherwise advised, it will be unnecessary [F.R. Doc. 59-10651; Filed, Dec. 16, 1959; to be altered thereby, shall be changed for Applicant to appear or be represented 8:45 a.m.] until these proceedings have been dis­ at the hearing. posed of or until the periods of suspen­ Protests or petitions to intervene may sion have expired, unless otherwise be filed with the Federal Power Commis­ ordered by the Commission. sion, Washington 25, D.C., in accordance (D) Interested State commission may with the rules of practice and procedure participate as provided by §§1.8 and (18 CFR 1.8 or 1.10) on or before 1.37(f) of fhe Commission’s rules of January 4, 1960. Failure of any party [File No. 24FW—1194] practice and procedure (18 CFR 1.8 and to appear at and participate in the hear­ BISSONNET CO. 1.37(f)). ing shall be construed as waiver of and By the - Commission (Commissioner concurrence in omission herein of the Order Temporarily Suspending Ex­ Kline dissenting, Commissioner Hussey intermediate decision procedure in cases emption, Statement of Reasons not participating). where a request therefor is made. Therefor, and Notice of Opportunity J oseph H. Gutride, J oseph H. O utride, for Hearing Secretary. Secretary. December 11, 1959. [F.R. Doc. 59-10659; Filed, Dec. 16, 1959; [F.R. Doc. 59-10660; Filed, Dec. 16, 1959; I. Bissonnet Company (issuer), a lim­ 8:45 a.m.] 8:45 a.m.] ited partnership organized under the Thursday, December 17, 1959 FEDERAL REGISTER 10241

Partnership Law of the State of New sion a written request for hearing within date into the value of the Mutual assets York, 555 Fifth Avenue, New York 17, thirty days after the entry of this order; to be exchanged. New York, filed with the Commission on that within twenty days after receipt of The value of the Mutual assets will October 22, 1959 a notification on Form such request the Commission will, or at be subject to an adjustment designed to 1-A and an offering circular relating to any time upon its own motion may, set protect William Street’s shareholders an offering of limited partnership inter­ the matter down for hearing at a place from possible adverse tax consequences ests, in units of $5,000, for an aggregate to be designated by the Commission, for of the exchange. Since the exchange of $285,000, for the purpose of obtaining the purpose of determining whether this will be tax free for Mutual and its share­ - an exemption from the registration order of suspension should be vacated holders, William Street’s cost basis for requirements of the Securities Act of or made permanent, without prejudice, tax purposes on the assets acquired from 1933, as amended, pursuant to provisions however, to the consideration and pres­ Mutual will be the same as for Mutual, of section 3 (b) and Regulation A pro­ entation of additional matters at the rather than the price actually paid by mulgated thereunder. hearing; that if no hearing is requested William Street for the assets. In view II. The Commission has reasonable and none is ordered by the Commission, of this, and the proposed immediate sale cause to believe that: this order shall become permanent on by William Street of certain securities A. The terms and conditions of Regu­ the thirtieth day after its entry and shall acquired from Mutual, provision is made lation A have not been complied with, in remain in effect unless or until it is for the followipg adjustment. From the that: modified or vacated by the Commission; value of Mutual’s assets there will be 1. The issuer has failed to file a copy and that notice of the time and place for deducted 12 % percent of the unrealized of an underwriting agreement entered any hearing will promptly be given by appreciation on the Mutual securities into between it and M. Ferer Securities, the Commission. that William Street intends to sell im­ a sole proprietorship, Miami, Florida, as By the Commission. mediately upon acquisition. This ad­ required by Item 11(b) of Form 1-A * justment is intended to protect the 2. The issuer has failed to file the con­ [seal] Orval L. DtrBois, present shareholders of William Street sent of M. Ferer Securities to be named Secretary. from bearing an increased tax burden as an underwriter, as required by Item (c) [F.R. Doc. 59-10675; Filed, Dec. 16, 1959; a consequence of the salq of certain of Form 1-A. 8:47 a.m.] securities immediately upon their B. The offering circular contains un­ acquisition. true statements of material facts and As an offset to the above adjustment omits to state material facts necessary there will be subtracted from it 12% in order to make the statements made, [File No. 812-1265] percent of the amount of undistributed in the light of the circumstances under pNE WILLIAM STREET FUND, INC. realized capital gains of William Street which they are made, not misleading, which the shareholders of Mutual will particularly with respect to:; Filing of Application assume upon becoming shareholders of h The failure to disclose the employ­ William Street. The application states ment of an underwriter and the commis­ D e c e m b e r 10,1959. that this offset will be made in recogni­ sions to be paid such underwriter; Notice is hereby given that One Wil­ tion that Mutual’s acquisition of William 2. The failure to disclose adequately liam Street Fund, Inc. (“William Street’s' shares will benefit the present the terms upon which the partnership Street”), a registered open-end invest­ shareholders of William Street by reliev­ interests will be offered; ment company, has filed an application ing them of a proportionate share of the 3. The failure to disclose' that the pursuant to section 6(c) of the Invest­ tax liability on undistributed realized Houston properties, consisting of land, ment Company Act of 1940 (“Act”) for capital gains. buildings, and equipment, would be ac­ an order of the Commission exempting The application states that since the quired subject to a mortgage of $390,000 from the provisions of section 22(d) of average capital gains tax rate that would at a stated cash price of $260,000, from the Act the proposed issuance of its have to be paid by William Street’s Edmund L. Dorman, the general partner shares for substantially all of the cash shareholders cannot be exactly calcu­ of the issuer, who holds an option to pur­ and securities of Mutual Properties Cor­ lated the figure of 12% percent used for chase said properties for $240,000; poration (“Mutual”) on the basis set adjustment purposes was arrived at as a 4. The failure to disclose the relation­ forth below. fair compromise between zero and the ship between Edmund L. Dorman, the Shares of William Street, a Maryland maximum long term capital gains tax general partner of the issuer, and the corporation, are offered to the public on rate of 25 percent. Douglas Company, the proposed lessee of a continuous basis at net asset value plus As of September 30, 1959, the net un­ the properties, after acquisition of the varying sales charges dependent on the realized appreciation on the Mutual title thereto by the issuer; amount purchased. As of September 30, securities William Street intends to sell 5. The failure to disclose material and 1959, the net assets of William Street immediately upon acquisition was $48,- pertinent information concerning the amounted to $277,827,649 and 21,076,317 647; and the undistributed realized capi­ respective rights and obligations of Ed­ shares of its stock were outstanding. tal gains of William Street amounted to mund L. Dorman, the general partner, Mutual, a Delaware corporation, is a $9,041,556. Assuming the exchange had and the purchasers of the limited part­ personal holding company with eleven occurred on September 30, 1959, there nership interests, particularly with re­ stockholders which engages in the busi­ would have been no deduction from the spect to the interests and relationships ness of investing and reinvesting its funds value of Mutual’s assets since the offset­ of Edmund L. Dorman, in and to the Mutual is exempt from registration ting factor was a greater amount than Partnership enterprise and the opera­ under the Act by reason of the provisions the adjustment applicable to the securi­ tions of the properties through the of section 3(c) (1) thereof. Pursuant to ties William Street proposes to sell. The Douglas Company, the proposed lessee, an agreement between William Street, application also provides for adjust­ with the profits and remunerations to be Mutual ^and the latter’s stockholders, ments in the event that the percentage of received by Edmund L. Dorman there­ substantially all of the cash and securi­ unrealized appreciation on the Mutual from. ties owned by Mutual, with a total value securities which William Street proposes C. The offering is being and would be of $2,113,061 as of September 30, 1959, to retain exceeds the percentage of un­ made in violation of section 17 of the will be transferred to William Street in realized appreciation on William Street’s Securities Act of 1933, as amended. exchange for shares of stock of William portfolio, but these provisions were not III. It is ordered, Pursuant to Rule Street. The shares acquired by Mutual effective as of September 30,1959. If the 261(a) of the general rules and regula­ are to be distributed immediately to its transaction had been consummated on tions under the Securities Act of 1933, shareholders who have agreed to take September 30, 1959, Muttlal would have as amended, that the exemption under such shares for investment. The num­ received approximately . 170,950 shares of Regulation. A be, and it is Jiereby, tem­ ber of shares of William Street to be stock of William Street, representing porarily suspended. delivered to Mutual will be determined by about .8 percent of the total shares out­ , Notice is hereby given that any person dividing the net asset value per share of standing. > having any interest in the matter may William Street in effect at the close of The application recites that the terms hie with the Secretary of the Commis­ business on the day preceding the closing of the entire transaction were arrived at 10242 NOTICES through arm’s-length bargaining be­ By adding new subsection I.A.5 as fol­ 2. To approve or decline disaster loans tween the officers of William Street and lows: not in excess of $50,000. 3. To approve or decline Limited Loan Mututal. The application further states To execute loan authorizations for that there is no affiliation or relationship Participation Loans. Washington and Regional Office ap­ 4. To enter into Disaster Participation of any kind between the officers and di­ proved loans and for loans approved un­ rectors of William Street and the officers, Agreements with banks. der delegated authority, said execution Procurement and technical assistance. directors, and stockholders of Mutual. to read as follows: Section 22(d) of the Act provides, in To take the following actions in accord- * (Name), Administrator ance with the limitations of such dele-] pertinent part, that no registered invest­ B y ------— ------— ment company shall sell any redeemable gations as set forth in SBA-400, Agency1 - (Name) Policy Manual, and SBA-600, Procure-] security issued by it to any person ex­ Branch Manager cept at a current offering price described ment and Technical Assistance Manual: in the prospectus, with certain excep­ (2) Renumber existing paragraphs 5 5. To develop with government pro­ tions not applicable here. Under the through 7 as 6 through 8. curement agencies required local pro­ terms of the Agreement, however, the (3) Deleting Part II in its entirety cedures for implementing established shares of William Street are to be issued and substituting in lieu thereof the fol­ inter-agency policy agreements, includ­ to Mutual at a price other than the public lowing: ing but not limited to steps such as determining joint set-asides and repre­ offering price stated in the prospectus, II. The authority delegated in I.Ä. which lists a sales pharge of 1 percent for sentation at procurement centers. 1, 2, 3, 4, 5, 7, and 8, and I.B. may not be Administrative. 6. To administer sales of $500,000 or over. redelegated. Section 6(c) of the Act authorizes thp oaths of office. Commission by order upon application to Effective date: Novembers, 1959. 7. To approve annual and sick leave for employees under his supervision. exempt, conditionally or uncondition­ C l a r en c e P. M o o r e , ally, any transaction from any provi­ Regional Director, 8. To make emergency purchases not sion of the act or of any rule or regula­ Richmond Regional Office. in excess of $10.00 in any object class tion thereunder, if and to the extent that in any one instance, but not more than the Commission finds that* such exemp­ [F.R. Doc. 59-10679; Filed, Dec. 16, 1959; $25.00 in any one month for total pur­ tion is necessary or appropriate in the 8:47 a.m.J chases in all object classes. public interest and consistent with the 9. In connection with the establish­ protection of investors and the purposes ment of Disaster Loan Offices, to: (a) Obligate SBA to reimburse General fairly intended by the policy and provi­ [Delegation of Authority 30-IV-24] Services Administration for the rental sions of the Act. Notice is further given that any inter­ of office space; (b) Rent office equip­ MANAGER, DISASTER FIELD OFFICE, ment; (c) Procure (without dollar limi­ ested person may, not later than Decem­ CHARLESTON, S.C. ber.23, 1959 at 5:30 p.m., submit to the tation) emergency supplies and materials. Commission in writing a request for a Delegation Relating to Financial As­ B. Correspondence. To sign all cor­ hearing on the matter accompanied by a sistance and Administrative Serv­ respondence, including Congressional statement as to the nature of his interest, ices correspondence, relating to the functions the reason for such request and the issues of fact or law proposed to be contro­ Notice is hereby given that this Dele­ of the branch office, except communica­ gation is rescinded in its entirety. tions involving policy matters. verted, or he may request that he be noti­ II. The specific authority delegated fied if the Commission should order a Effective date: December 7,1959. herein may not be redelegated, with the hearing thereon. Any such communica­ exception of I.B., such redelegation being tion should be addressed: Secretary, C l a r e n c e P. M o o r e , Regional Director, Small Busi­ limited to routine correspondence only. Securities and Exchange Commission, m . All authority delegated herein Washington 25, D.C. At any time after ness Administration, Region IV. may be exercised by any SBA employee said date, as provided by Rule 0 -5 of the designated as Acting Branch Manager. rules and regulations promulgated under |FJR. Doc. 59-10680; Filed, Dec. 16* 1959; IV. All previous authority delegated the Act, an order disposing of the appli­ 8:47 a.m.} by the Regional Director to the Branch cation herein may be issued by the Com­ Manager, Jackson, Mississippi, is hereby mission upon the basis of the showing rescinded without prejudice to actions contained in said application, unless an taken under all such delegations of au­ order for hearing upon said application [Delegation of Authority 30-V -ll thority prior to the date hereof. shall be issued upon request or upon the (Revision 1) ] Commission’s own motion. Effective date: December 1,1959. BRANCH MANAGER, JACKSON, By the Commission. J a m es F. H ollingsworth , MISS. Regional Director. [ s e a l ] O rval L . D u B o is , Secretary. Delegations Relating to Financial As­ [F.R. Doc. 59-10682; Filed, Dec. 16, 1959; 8:47 a.m.] [FU . Doc. 59-10676; Filed, Dec. *16, 1959; sistance, Procurement and Techni­ 8:47 a.m.[ cal Assistance and Administrative Functions [Delegation of Authority 30-IV-26] I. Pursuant to the authority delegated MANAGER, DISASTER FIELD OFFICE, to the Regional Director by Delegation BEAUFORT, S.C. No. 30 (Revision 5), (24 F.R. 7713), there is hereby delegated to the Branch Man­ Delegation Relating to Financial As­ [Delegation of Authority 30-IV-18 (Arndt. ager, Jackson Branch" Office, Small Busi­ sistance and Administrative Serv­ Dl ness Administration, the authority: ices A. Specific—Financial assistance. To BRANCH MANAGER, WASHINGTON, take the following actions in accordance Notice is hereby given that this Dele­ D.C., BRANCH OFFICE with the limitations of such delegations gation is rescinded in its entirety. as set forth in SBA-500, Financial Assist­ Effective date: December 7, 1959. Delegations Relating to Financial As­ ance Manual: C l a r e n c e P. M o o r e, sistance, Procurement and Techni­ 1. To approve but not decline the fol­ Régional Director, Small Busi­ c a l Assistance and Administrative lowing types of loans: j ness Administration, Region a. Direct Business Loans not in ex­ Functions cess of $20,000. IV. b. Participation Business loans in an [FR . Doc. 59-10681; Filed, Dec. 16, l059, Delegation of Authority No. 30-IV-18 8:47 a.m.j (23 FR. 8381) is hereby amended: (1.) amount not in excess of $100,000. Thursday, December 17, 1959 FEDERAL REGISTER 10243

ALLIED SPECIALTIES CO. Agent (No. B -7 7 0 1 ), for interested rail merce Act, and rules and regulations carriers. Rates on live stock, in carloads prescribed thereunder (49 CFR Part Notice of Additional Company Accept­ from Baton Rouge and New Orleans, La., 179), appear below: ing Request To Participate in a Natchez and Vicksburg, Miss., and Mem­ As provided in the Commission’s Small Business Production Pool phis, Tenn. special rules of practice any interested Grounds for relief: Short-line distance person may file a petition seeking recon­ Pursuant to section 11 of the Small formula, grouping, and relief line arbi­ sideration of the following numbered Business Act (Pub. Law 85-536), the trarles. proceedings within 20 days from the date name of the following company which Tariff: Supplement 94 to Southwest­ of publication of this notice. Pursuant has accepted the request to participate ern Freight Bureau tariff I.C.C. 4013. to section 17(8) of the Interstate Com­ in the operations of The Allied Special­ FSA No. 35890: Substituted service— merce Act, the filing of such a petition ties Company is herewith published. PRR for Midwest Haulers, Inc. Filed by will postpone the effective date of the The original list of companies accepting Midwest Haulers, Inc., Agent (No. 16), order in that proceeding pending its dis­ such request was published on August 1, for interested carriers. Rates on prop­ position. The matters relied upon by 1953 in 18 P.R. 4529. erty loaded in trailers and transported petitioners must be specified in their JO-ED Manufacturing Company, 2217 on railroad flat cars between Chicago, petitions with particularity. Wakeling Street, Philadelphia 37, Pennsyl­ 111., and Columbus, Ohio, and between No. MC-FC 62341. By order of De­ vania. Pittsburgh, Pa., and Cincinnati, Ohio, on cember 11, 1959, the Transfer Board Dated: November 23,1951). traffic originating at or destined to approved the transfer to Charles R. points in territories described in the Polly, doing business as PYN Bus Line, P h ilip M cCallum , application. 605 East 17th Street, Yankton, South Administrator. Grounds for relief: Motor-truck com­ Dakota, of a portion of Certificate in No. [F.R. Doc. 59-10677; Piled, Dec. 16, 1959; petition. MC 1088, issued April 29, 1954, to Inter 8:47 a.m.] FSA No. 35891: Substituted service— City Bus Line, Inc., 420 West Third Monon Railroad for Midwest Haulers, Street, Yankton, South Dakota, author­ Inc. Filed by Midwest Haulers, Inc., izing the transportation of passengers, Agent (No. 17), for interested carriers. etc., between specified points in South GENERAL TIRE PRODUCTION POOL, Rates on property loaded in trailers and Dakota and Nebraska. INC. transported on railroad flat cars between No. MC-FC 62628. By order of De­ Chicago, 111., and Hammond, Ind., on the cember 10, 1959, the Transfer Board Notice of Withdrawal of Request To one hand, and Louisville, Ky., and In ­ approved the transfer to Charles Adamo- Operate and Participate in a Small dianapolis, Ind., on the other, on traffic witch, Dunstable, Mass., of a portion of Business Production Pool originating at or destined to points in Certificate No. MC 69785 Sub 1, issued territories described in the application. June 4, 1959, to F. C. Davis Transporta­ The request to the General Tire Pro­ Grounds for relief: Motor-truck com­ tion Company, Inc., Danielson, Connecti­ duction Pool, Inc., to operate as a small petition. cut, authorizing the transportation of; business production pool, and to certain FSA No. 35892 : Substituted service— Lumber, from Danielson, Conn., to Bos­ companies to participate in the opera­ NYNH&H, Erie and PRR for Midwest ton, Mass., and from points in that part tions of said pool, and the approval of Haulers, Inc. Filed by Midwest Haulers, of Connecticut, Massachusetts, and the voluntary program submitted for Inc., Agent (No. 18), for interested car­ Rhode Island, within 35 miles of Daniel­ the operation of said pool, as set forth in riers. Rates on property loaded in son, Conn., to points in Massachusetts, 17 F.R. 8112, dated September 6, 1952, trailers and transported on railroad flat Rhode Island and Connecticut. Andre are hereby withdrawn. cars between Providence, R.I., and J. Barbeau, 795 Elm Street, Manchester, Immunity from prosecution under the Worcester, Mass., on the one hand, and N.H., for applicants. Federal antitrust laws and the Federal Chicago and East St. Louis, 111., and Cin­ No. MC-FC 62648. By order of De­ Trade Commission Act, which was also cinnati, Ohio, on the other, on traffic cember 10, 1959, the Transfer Board granted, is terminated; except that described in the application. approved the transfer to General Bev­ nothing stated herein shall affect the Grounds for relief: Motor-truck com­ erages of Minnesota, Inc., 2755 Highway immunity of said production pool and petition. 55, St. Paul 18, Minnesota, of a Permit its participating members for those acts FSA No. 35893: Dense soda ash—E ast­ in No. MC 1827 Sub 27 issued June 11, performed or omitted during the period ern origins to Oklahoma and Ft. Smith, 1958 to K.W. McKee, Incorporated, 2811 when such request and approval of said Ark. Filed by Southwestern Freight Highway 55, St. Paul 18, Minnesota, au­ pool were in effect. Bureau, Agept (No. B-7702), for inter­ thorizing the transportation of liquid Dated: November 30, 1959. ested rail carriers. Rates on dense soda sugar, in bulk, in tank vehicles, from ash, in bulk, or in bulk in bags, in car­ points in Eagan Township, Dakota P h ilip M cCallum, loads from specified points in Michigan, County, Minn., to points in Iowa, North Administrator. New York, Ohio and Virginia to points in Dakota, South Dakota, and Wisconsin. [F.R. Doc. 59-10678; Filed, Dec. 16, 1959; Oklahoma, and Ft. Smith, Ark. No. MC-FC 62658. By order of De­ 8:47 a.m.] Grounds for relief: Market competi­ cember 10, 1959, the Transfer Board ap­ tion. , proved the transfer to George L. Pearce Tariffs: Supplement 210 to Southwest­ and Harold H. Pearce, a partnership, do­ ern Freight Bureau tariff I.C.C. 4178. ing business as Pearce Transfer Co., 715 INTERSTATE COMMERCE Supplement 1 to Southwestern Freight Second St., Henderson, Ky., of Certifi­ Bureau tariff I.C.C. 4337. cate in No. MC 1037, issued May 27,1949, COMMISSION By the Commission. to George L. Pearce, doing business as Pearce and Childress Truck Line, Hen­ fourth s e c t io n applications [ seal] H arold D. M cCov, FOR RELIEF derson, Ky., authorizing the transporta­ Secretary. tion'of: Household Goods as defined in D ecember 14, 1959. [F.R. Doc. 59-10671; Filed, Dec. 16, 1959; Practices of Motor Common Carriers of Protests to the granting of an appli­ 8:46 a.m.] Household Goods, between Henderson, cation must be prepared in accordance Ky., on the one hand, and, on the other, Wth Rule 40 of the general rules of Nashville, Tenn., and points in Indiana, and Illinois. Practice (49 CFR 1.40) and filed within [Notice No. 236] 15 days from the date of publication of No. MC-FC 62672. By order of De­ this notice in the F ederal R egister. MOTOR CARRIER TRANSFER cember 10, 1959, the Transfer Board ap­ PROCEEDINGS proved the transfer to Inez Lumsden L ong- and-S hort H aul Chapman, doing business as I. L. Chap­ .PSA No. 35889: Live stock from Mis- December 14, 1959. man, Mineral, Virginia, of the. operating tissippi River Grossings to western points. Synopses of orders entered pursuant to rights in Permits Nos. MC 2129 and MC Filed by Southwestern Freight Bureau, section 212(b) of the Interstate Corn- 2129 Sub 1, issued by the Commission 10244 NOTICES

February 2, 1942, and January 17, 1950, By the Commission, Commissioner Brush, Colo., thence over U.S. Highway respectively, to J. M. Chapman, Pendle­ Freas. 34 to Greeley, Colo., thence as specified ton, Virginia, authorizing the transpor­ above to Denver, and return over the [ seal] : Harold D. McCoy, same routes. tation, over irregular routes, of lumber, Secretary. piling, and cedar posts, fertilizer, saw­ No. MC-8600 (Deviation No. 1) WER­ mill machinery and equipment, to and [FJt. Doc. 59-10673; Filed, Dec. 16, 1959; NER TRANSPORTATION CO., 2601 from specified points in Virginia, Dela­ 8:46 a.m.] 32d Ave., South, Minneapolis 6, Minn., ware, Maryland, Pennsylvania, and the filed December 3,1959. Carrier proposes District of Columbia. W. W. Whitlock, to operate as a common carrier by motor Mineral, Virginia, for applicants. vehicle of general commodities with cer­ No. MC-FC 62680. By order of De­ [Notice 107] tain exceptions, over a deviation route as follows: From Hudson, Wis., over U.S. cember 10, 1959, the Transfer Board ap­ MOTOR CARRIER ALTERNATE ROUTE proved the transfer to Clarence W. Stef­ Highway 94 to Eau Claire, Wis., and re­ fen, Crofton, Nebraska, of Certificate in DEVIATION NOTICES turn over the same route, for operating convenience only, serving no intermedi­ No. MC 88480, issued November 21, 1938, December 11, 1959. to Edward Hegge, Constance (P.O. Crof­ ate points. The notice indicates that the ton), Nebraska, authorizing the trans­ The following letter-notices of propos­ carrier is presently authorized to trans­ portation of: Livestock, from Constance, als to operate over deviation routes for port the same commodities between Hud­ son and Eau Claire over U.S. Highway 12. Nebr., and farms and towns in various operating convenience only with service specified townships of counties in Ne­ at intermediate points have been filed No. MC 17481 (Sub No. 2) (Deviation braska to Sioux City, Iowa, and Yankton, with the Interstate Commerce Commis­ No. 1), MOORE MOTOR FREIGHT sion, under the Commission’s Deviation LINES, INC., 2091 Kasota Ave., St. Paul S. Dak.; and building materials, farm 14, Min., filed November 23, 1959. Car­ implements, feed, grain, livestock, lum­ Rules Revised, 1957 (49 CFR 211.1(c) (8)), and notice thereof to all interested rier proposes to operate as a common ber, machinery, seed and twine from carrier by motor vehicle of general com­ Sioux City and Yankton to the various persons is hereby given as provided in such rules (49 CFR 211.1(d) (4) X. modities, with certain exceptions, over a points listed above. Protests against the use of any pro­ deviation route as follows: from Hudson, [ seal] Harold D. McCoy, posed deviation route herein described Wis., over U.S. Highway 94 to Eau Claire, Secretary. may be filed with the Interstate Com­ Wis., and return over the same route for [F.R. Doc. 59-10672; Filed, Dec. 16, 1959; merce Commission in the manner and operating convenience only, serving no 8:46 a.m.] form provided in such rules (49 CFR intermediate points. The notice indi­ 211.1(e)) at any time but will not operate cates that the carrier is presently au­ to stay commencement of the proposed thorized to transport the same commodi­ operations unless filed within 30 days ties between Hudson and Eau Claire over UTAH PARKS CO. from the date of publication. U.S. Highway 12. Successively filed letter-notices of the No. MC-30175 (Deviation No. 1) Status of Work of Certain same carrier under the Commission’s GAY’S EXPRESS INC., Saxon’s River Employees Deviation Rules Revised, 1957, will be Road, Bellows Falls, Vt., filed November 25,1959. Attorney Kenneth B. Williams, [E x P a rte N o". 72 (Sub-No. 1)1 numbered consecutively for convenience in identification and protests if any 111 State Street, Boston, Mass. Car­ In the matter of directing modified should refer to such letter-notices by rier proposes to operate as a common procedure in a proceeding to determine number. carrier by motor vehicle of general com­ whether bus operators and mechanics modities, with certain exceptions, over employed by Utah Parks Company are M otor Carriers of P roperty deviation routes as follows: (a) From employees within the meaning of section No. MC-730 (Deviation No. 4) PACIF­ the eastern terminus of the Massachu­ 1(5) of the Railway Labor Act, as IC INTERMOUNTAIN EXPRESS CO., setts Turnpike at the junction of Massa­ amended. 14th4nd Clay Streets, P.O. Box 958, Oak­ chusetts Highway 128 in Weston, Mass., Upon consideration of the petition of land 4, Calif. Carrier proposes to oper­ over the Massachusetts Turnpike to the Utah Parks Company for determination ate as a common carrier by motor Massachusetts-New York State line near of the status of work of certain of its em­ vehicle of general commodities, with cer­ West Stockbridge, Mass., thence over the ployees under section 1(5) of the Rail­ tain exceptions, over a deviation route as Berkshire section of the New York Thru­ way Labor Act, and good cause appear­ follows: From Hastings, Nebr., over U.S. way to Selkirk, N.Y.; and thence over ing: Highway 6 to Sterling, Colo., and return the New York Thruway to Albany, N.Y.; It is ordered, That this petition be as­ over the same route for operating con­ and (b) from Albany, N.Y., over the signed for hearing under the modified venience only, serving nO intermediate New York Thruway and access routes to procedure and the issuance of hearing points., The notice indicates that the New York, N.Y., and return over the. examiner’s proposed report; that the carrier'is presently authorized to trans­ same routes for operating convenience parties comply with Rules 1.45 to 1.54, port the same commodities over perti­ only, serving no intermediate" points. inclusive, of the Commission’s general nent authorized service routes as follows: The notice indicates that the carrier is rules of practice, the filing and serving From Omaha over Nebraska Highway 38 presently authorized to transport the of pleadings to be as follows: (a) Open­ to junction Nebraska Highway 50, thence same commodities over pertinent serv­ ing statement of facts and argument by over Nebraska Highway 50 to Millard, ice routes as follows: From Boston over complainant (and any party supporting Nebr., thence over Nebraska Highway 31 Massachusetts Highway 2 to the Massa­ complainant) on or before January 4, to junction U.S. Highway 6, thence over chusetts-New York State line, thence 1960, (b) 30 days after that date, state­ U.S. Highway 6 to Lincoln, Nebr., thence over New York Highway 2, Tformerly ment of facts and argument by defend­ over U.S. Highway 34 to junction U-S. New York Highway 96F~to Troy, N.Y., ant (and any supporting party); and (c) Highway 281 (also from Lincoln over thence over New York Highway 32 to reply by complainant (and any support­ U.S. Highway 6 to junction Nebraska Albany, (also from Boston to Green­ ing party) 10 days thereafter. Highway 15, thence over Nebraska High­ field, as above specified) thence over way 15 to junction U.S. Highway 34 near U.S. Highway 5 to Brattleboro, Vt., It is further ordered, That a request Seward, Nebr.), thence over U.S. High­ for a change in any due date for the thence over Vermont Highway 9 to the way 281 to Grand Island, Nebr., thence New York-Vermont State line, thence filing of any pleading under the modified over U.S. Highway 30 via Qgallala, procedure need not be made formally by over New York Highway 7 to Troy, and Nebr., to Cheyenne, Wyo., thence over thence over New York Highway 32 to petition but may be made in writing, U.S. Highway 85 Via Greeley, Colo., to Albany) (also, from Boston to Greenfield and disposed of without an order in ac­ Denver; from Omaha to Ogallala, Nebr., cordance with the provisions of Rule as specified above, thence over U.S. High­ as specified above,) thence over U.S. 1.21(b) of the general rules of practice, way 30 to junction U.S. Highway 138, Highway 5 to west Springfield, and. Dated tit Washington, D.C., this 30th thence over U.S. Highway 138 to Sterling, thence over U.S. Highway UO to Albany; day of November A.D. 1959. Colo., thence over U.S. Highway 6 to from Worcester over Massachusetts Thursday, December 17, 1959 FEDERAL REGISTER 10245

Highway 12 to junction Massachusetts thorized to transport the same commod­ No. MC-107605 (Deviation No. 1)’ Highway 40, thence over Massachusetts ities between Hudson and Eau Claire' UNITED SHIPPING CO., 2601 Broadway Highway 140 to j miction Massachusetts. over U.S. Highway 12. Road, Minneapolis 13, Minn., filed De­ Highway 2 (also, from Worcester to No. MC-77404 (Deviation No. 2) MO­ cember 2, 1959. Carrier proposes to Fitchburg, operating from Worcester HAWK MOTOR INC., 40 Harrison over Massachusetts Highway 12 to Street,. Tiffin, Ohio, filed December 4, operate as a common carrier by motor Fitchburg and thence as specified above 1959. Attorney Taylor C. Burneson, 3430 vehicle of general commodities, with cer­ to Albany); from Albany over U.S. High­ Leveque-Lincoln Tower, 50 West Broad tain exceptions, over a deviation route way 9W to junction U.S. Highway 1, Street, Columbus 15, Ohio. Carrier pro­ as follows: From Hudson, Wis., over U.S. thence over U.S.„Highway 1 to New York, poses to operate as a common carrier by Highway 94 to Eau Claire, Wis., and N.Y., and returri over the same routes. motor vehicle of general commodities, return over the same route for operating No. MC-52958 (Deviation No. 1) with certain exceptions, over a deviation convenience only, serving no interme­ HENNEPIN TRANSPORTATION CO., route as follows: From Bellevue, Ohio, diate points. The notice indicates that INC., 23 Northeast Fourth Street, Minne­ over Ohio Highway 18 to Tiffin, Ohio and the carrier is presently authorized to apolis 13, Minn., filed November 27,1959. return over the same route for operating transport the same commodities between! Carrier proposes to operate as a common convenience only, serving no interme­ carrier by motor vehicle of general com­ Hudson and Eau Claire over U.S. High­ diate points. The notice indicates that way 12. modities, with certain exceptions, over a the carrier is presently authorized to deviation route as follows: From Hudson, transport the same commodities over By the Commission. Wis., over U.S. Highway 94 to Eau Claire, pertinent authorized service routes as Wis., and return over the same route for follows: From Bellevue over U.S. High­ [seal] Harold D. M cCo y, operating convenience only, serving no way 20 to Clyde, Ohio, and thence over Secretary. intermediate points. The notice indi­ Ohio Highway 101 to Tiffin, and return [F.R. Doc. 59-10633; Filed, Dec. 15, 1959; cates that the carrier is presently au- over the same route. 8:47 a.m.] 10246 FEDERAL REGISTER

CUMULATIVE CODIFICATION GUIDE— DECEMBER

A numerical list of parts of the Code of Federal Regulations affected by documents published to date during December. Proposed rules, as opposed to final actions, are identified as such. Page 3 CFR Page 7 CFR—-Continued 12 CFR— Continued Proclamations .*■ 850-______- ____ *____ - _____ Ì 9707 522______— .9578 Dec. 18, 1907. ___ 9559 903— ______9567, 9807 545------_ ------____ 9580,9657 Nov. 24, 1908. ____ 9559 904___ 9567 555______— — — 9693 Apr. 17, 1911. .— 9559 905—908— — ______9807 563______9657,9780^9977 Jan. 15, 1918. ___ 9559 909______—-______— 9707 Proposed rules: Oct. 17, 1927. ___ 9559 911—913______9807 . 221—______—— 9999 1349______„ _ 9559 914______— 9618,9779,10056, 10140 ____ 9559 916—919—._____ -______9807 14 CFR 2169—__ — 1______—______9839 2173 ______9559 921______9807 9559 923—925— ____.'______;____ 9807 40_;______- ____ 9765, 9767, 9839 2174 ____ 41— ______9768, 9772, 9840 2178_____ — — _9559 928—932______— — 9807 2187 ______9559 933—.______9654,10056-10058 4 2 ______9773, 9776, 9840 2188 ______— 9559 935______- ______9807 45______— — ______- ___ 10191 . 2189______9559 938______10007,10008 47 ______- ______10192 2190______9559 941—942____ 1______9807 249___’______i,___ — 9977 2285______9559 94?______9568, 9807 297______9580, 9978 2289______9559 944— ______9807 399______9619 .'___ 9559 946______9807 507______— 9620,9778, 2293_____ 9984,9985,10099,10141,10192 3279______10133 948—949__ 1______9807 3290-______10133 952 ______9807 600______.______9561, 3326 ____ 9651 953 ______9708, 9780, 10058,10140 9927-9929, 9986-9988,10141,10142 ___ 9763 954 ______.______9807 601___ 9581, 9841, 9842, 9928, 9929,9986- 3327 ____ 9988,10009,10059,10060,10142 3328 ____ 10133 955______——— ____ — _ 10059 Executive orders: 956— —______— 9807 602______9843,9989 3820______9559 957— ______.______10140 608 ______L—„ — 9989 3889______9783 963______9807 609 ______10010 4436__ — 9559 965—968______— 9807 Proposed rules: 5794—______10Ì08 971—972— ______9807 4 0 - , —- ______9789, 9790 5814______9559 974—978______,______9807 41______9789, 9790 7443______9559 980______9807 42— ____ —______- ___ 9789, 9790 7908______9563,9651 982______9807 46______— __—______9790 8531______9563, 9651 985—988______9807 221______9913 10000— ______9565 991—______:______— __ — 9807 406____ ;______9847 10QJ.1------___ 9565 994—995______L 9807 507—______9746, 9993,10019,10118 10530______9565 996______—— — 9567 514___— ____ 10118,10119 10849.______9559 997 ___ — ______9655 600 _ — 9790, 9791, 9935, 9936, 9993- 10850______9559 998 ___ 9807 9998.10078- 10080,10160,10161 10851—— ____ 9563 999 ______9567 601 ______9791, 9935, 9936, 9994- 1C852______9565 1000 ______9807 9998.10078- 10082, 10161, 10162 10853 ______9565 1002____ 9807 608______— 9792, 9937, 9998 10854 ______9565 1004—1005______9807 15 CFR 10855 ______9565 1008—1009______9807 364______— — — 9709 10856 ______\ 9763 1011—1014______9807 371______.__ 10015 1015 ______9708 5 CFR 373—______— 10015 1016 _____ 9807 382______:___ :____ 10143 24______10097 1018______9807 325______10141 385— ______10015 1023______9807 399______—______- ______10154 6 CFR 1070______9780 1102_, ___ 9568 16 CFR 331 ______9655, 9925Proposed rules: 13______9659-9661,-9734, 9735, 332 ______9691 718_. 9678 9843, 9844, 10097, 10192-10195 334___ 9655 817_. 9934 23______9581 427______—______10189 905_. 9742 48 ______;___— ______- 10195 464______.... ______9691 914_, 10077 468______— 10191 924_. 10207 17 CFR 472______1 .______10191 953_. 10158 240____ 10099 475___ 10029 963_, 9993 257_____ 9724 7 CFR 987_. 9742 Proposed rules: 1014 9742 230____ 9945 5______9778 1025. 10207 240______9946,10120 47______i______— 10055 250______9947 52______9975 9 CFR 81______9566 18______9975 19 CFR 351______9923 83______9926 10______9989 722 ______9693, 970392______9838 Proposed rules: 9778,10056, 10135, 10136,10138 Proposed rules: 16______9785 723 _ 9610 78______10077 728 ______10139 131______9902 20 CFR 10199 729 ______i.______9611 10 CFR 345______404______10060 730 ______9567, 9615, 9704 9______10009 813______9705 602______9809 815______10139 12 CFR Proposed rules: 833______9706 204______9977 403 __ 10117 845____ ,______9706 521______9578 404 ______10117 Thursday, December 17, 1959 FEDERAL REGISTER 10247 21 CFR Page 32 CFR— Continued Page 41 CFR Page _____ 9990 592---- 9621 202______10106 15______9729 596------9621 Proposed rules: 120— ______9619 600 _ 9621 202______10077,10116 121______9730.10062 601 ------9621 141e______10063 605 ______962142 CFR 146______10063 606 ____ 9621 32______10108 146a______9730, 9781 1001 ------,----- 9723, 9810 36______10108 146b______s______9781 1002 ______:______9810 Proposed rules: 146c______9990 1003 ______9812 71______10078 146d______9845 1005______9814 43 CFR 146e______9929.10063 1007______9814 191—______9846 Proposed rules: 1009 ______9815 192 ______9846 53______10078 1010 ______9827 295______9846 120______10160 1012______9827 Proposed rules: 25 CFR 1013 ------9828 115______9677 1014 ______9829 161______9627 Appendix____ 9847 1015 ______9831 221______9931 Public land orders: 1016 ______9833 513______10108 Proposed rules: 1052 ______9834 1______9741 750______9559 1053 __ 9835 2021______9586 221______9785 1054 ------9836 243______9785 2022______9586 1057 ------9837 .2023______9783 26 (1939) CFR 1058 ______9838 2024______10108 9661 1464______9587 2025— _____ 10108 32A CFR 2026- ______10109 26 (1954) CFR 2027 _____ BDSA (Ch. VI) : 10157 l ______9582,9663, 9664 2028 _____ 10157 49______9664 DMS Reg. 1______9595 DMS Reg. 1, Dir. 1______9607 44 CFR 517______10100 Proposed rules: DMS Reg. 1, Diï. 2______9607 701_____ — ______10206 1______9587 DMS Reg. 1, Dir. 3_____ 9608, 9610 46 CFR 48______9674 DMS Reg. 1, Dir. 4______9610 DMS Reg. 1, Dir. 5______9610 172______9783 29 CFR DMS Reg. 1, Dir. 6____ 9610 309____ •______10204 403______9931.10105 DMS Reg. 1, Dir. 10______9610 47 CFR 415______10105 DMS Reg. 2______9610 1 ______------10206 451 ______10064 DMS Reg. 2, Dir. 3______9610 2 ____I ______9736 452 ______10066 DMS Reg. 2, Dir. 4_— ______9610 4______9737 453 ______10070 OIA (C h. X) : 6______9737 613______9620 Ol Reg. I ______10075 16______9932,10009 687______9585 NS A (.Ch. X V III) : 21______9737 694______10105 A G E -2______9736 Proposed rules: 699______9585.10106 33 CFR ^ 2______9937,9939 Proposed rules: 3 _____ 9678,10162,10163 403______10159 40______9932 4 ______9939 202 ------9782 8______9747 30 CFR 203 ------9587 21______9944 10201 36 CFR 49 CFR 32 CFR Proposed rules: , 72 ______10109 i ______1—10------9848 73 ______10109 9710 74______3______9712 20—22______^______9896 lt)112 6______9713 25—26______9900 78______10112 7 ______9713 95______10158 8 _____ 9714 38 CFR 193 ______9674 11____ _ 9714 1 ...... 10018,10106,10155 194 ______9784 12____ 9718 2 ______- ______10018 205______9784 14______9719 3------10157,10204 Proposed rules: 16______9719 120______10019 30______9720 39 CFR 50 CFR 151_____ 9809 49------10034 Proposed rules: 590 ______9621 94------r 10034 34______9677 591 ______9621 96------10044 176______9787

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