» ^1 ■ iTTrñál *ÆÀ EflERAL REGISTER
VOLUME 19 NUMBER 194
Washington, Wednesday, October 6, 1954
TITLE 19— CUSTOMS DUTIES as amended, if they come within the CONTENTS meaning of subdivision (3) of that sub- Chapter I— Bureau of Customs, paragraph.8 Agricultural Marketing Service Page Department of the Treasury (d) Before the exportation of any Proposed rule making: article to be subject on return to the Figs, dried, produced in Califor [T. D. 53611] United States tofiuty on the value® of nia; handling______6426 Part 10—Articles Conditionally F ree, repairs, alterations, or processing ef Agriculture Department Subject T o a R educed R ate, Etc. fected abroad, as provided for in para See Agricultural Marketing Serv graph 1615 (g), Tariff Act of 1930, as metal articles exported for processing amended, a declaration and application ice; Commodity Credit Corpora AND RETURN shall be tiled in duplicate on customs tion. Sections 10.1 and 10.8, Customs Regu Form 4455 by the owner or exporter Army Department lations, pertaining to the requirements with the collector of customs or apprais Rules and regulations: on entry of articles exported from the er of merchandise at a time before the National Guard; Federal recog United States and returned, amended. departure of the exporting conveyance nition______6425 In order to implement the change in which will permit an examination of Civil Aeronautics Board law made by section 202, Customs the article. Notices: Simplification Act of 1954, and for the (e) In the case of articles of metal Eastern Air Lines, Inc.; prehear purpose of clarification, the following (except precious metal) which may be ing conference.______6457 amendments are made to the Customs claimed dutiable on the value of proc Regulations: Coast Guard essing under paragraph 1615 (g) (2), Notices: 1. The first centerhead under Part 10 Tariff Act of 1930, as amended, a state is amended to read as follows: “Articles Equipment: ment shall be included on the reverse Approval; correction of prior Exported and Returned”. side of customs Form 4455 by the ex 2. The headnote of § 10.1 is amended document; and change in to read as follows: “Domestic products; porter or owner substantially as follows: name and address of manu requirements on entry ” The articles described in this certificate facturer______- 6451 3. Section 10.8 is amended to read as were manufactured in the United States by Termination of approvals___ 6455 follows: ______; or if of foreign Commodity Credit Corporation (Name and address) S 10.8 Articles exported for repairs, origin, were subjected t o ______— Notices: (Show processes of Directors of CSS commodity of alterations, or processing, (a) For the fices et al.; designation of purposes of paragraph 1615 (g) (1), manufacture, such as, molding, machining, agents to receive service of Tariff Act of 1930, as amended,6 the term ______in the United States by process______6457 “repairs or alterations” shall be held to casting, etc.) mean restoration, change, addition, Customs Bureau renovation, cleaning, or other treatment (Name and address) Rules and regulations: which does not destroy the identity of The articles in their changed condition Appraisement; Antidumping the article exported or create a new or will be returned for further processing by Act; determination of injury. 6424 different article. Articles conditionally free, sub (b) Three conditions are required (Name and address, if known) ject to reduced rate, etc.: under paragraph 1615 (g) (2), Tariff (f) The applicant shall be notified on Metal articles exported for Act of 1930, as amended: * customs Form 4455 of the place to which processing and returned__ 6421 (1) The article sent abroad for he shall deliver the articles for examina Temporary importations un der bond______6423 further processing must be an article of tion. All expense in connection with metal (except precious metal) manu the delivery of the articles, cording, seal Defense Department factured in the United States, or manu See Army Department. factured abroad and subjected to a ing, marking, and transfer to the export Process of manufacture in the United ing conveyance shall be borne by the ex Federal Power Commission States. porter. The exportation of the articles Notices: shall be under customs supervision, ex Hearings, etc.: (2) The article must be subjected to a 6457 further processing abroad; and cept in the case of exportation by mail Byrd Oil Corp------of any article identifiable by the manu Fall River Power Co______6460 (3) 'Hie returned article must be one Kight Gas Co____ . ______6458 which is to be subjected to further proc facturer’s mark or number. A photo Natural Gas Pipeline Co. of essing after return to the United States. graph or other means of identification America______6459 CONTENTS— Continued CONTENTS— Continued Interior Department PaS® Title 7 page FEDERAL^PEGISTER See Land Management Bureau; Chapter IX: \ 1934 e Onneo* Reclamation Bureau. Part 964 (proposed)______6426 Title 19 Interstate Commerce Commis Chapter I: Published dally, except Sundays, Mondays, sion and days following official Federal holidays, Part 10 (2 documents)____ 6421,6423 by the Federal Register Division, National Notices: Part 14______6424 Archives and Records Service, General Serv Applications for relief: Title 21 ices Administration, pursuant to the au Castor beans and other com Chapter I: thority contained in the Federal Register modities in Texas______6466 Part 141c______6424 Act, approved July 26, 1935 (49 Stat. 500, as Coal ashes and cinders from amended; 44 U. S. C., ch. 8B), under regula Maryland and Pennsyl Part 146___ 6424 tions prescribed by the Administrative Com vania to Virginia______6467 Part 146a______6424 mittee of the Federal Register, approved by Coffee from Houston, Tex., Part 146c_____ 6424 the President. Distribution is made only by and New Orleans, La., to Title 32 the Superintendent of Documents, Govern Chapter XI: < ment Printing Office, Washington 25, D. C. Illinois and Iowa______6466 The regulatory material appearing herein Motor-rail-motor rates be Part 1101-____ 6425 is keyed to the Code of Federal Regulations, tween Chicago, 111., and Title 41 which is published, under 50 titles, pursuant Kansas City, Mo.; substi Chapter II: to section 11 of the Federal Register Act, as tuted service______6466 Part 201___ 6426 amended August 5, 1953. Paper boxes from Middle- Title 43 The Federal Register will be furnished by mail to subscribers, free of postage, for $1.50 town, Ohio, to Bogalusa, (Chapter I: per month or $15.00 per year, payable in La., and Jackson and Me Appendix C (Public land or advance. The charge for individual copies ridian, Miss______6466 ders) : (minimum 15tf) varies in proportion to the Petroleum products from 995______6426 size of the issue. Remit check or money Doniphan, Nebr., to points 1013______- ___ 6426 order, made payable to the Superintendent in Nebraska______6467 of Documents, directly to the Government Superphosphate from East Printing Office, Washington 25, D. C. (g) When the report of the customs There are no restrictions on the republica Tampa, Fla., and Sheffield, Ala., to Blytheville and officer showing the examination of the tion of material appearing in the F ederal articles and their lading on the export R egister. Walport, Ark______6466 Motor carrier applications____ 6460 ing conveyance or delivery for mailing has been endorsed on the Form 4455 cov Labor Department ering the articles, the duplicate copy of CFR SUPPLEMENTS See Public Contracts Division. such form shall be delivered to the ex porter, and the original shall be filed in (For use during 1954) Land Management Bureau Rules and regulations: the collector’s office. All of the cumulative pocket Alaska; reservation of lands for (h) When articles other than those ex supplements and revised books use of Alaska Railroad modi ported by mail or parcel post are ex of the Code of Federal Regula fying EO 7325, Mar. 30, 1936_ 6426 amined and registered at one port and tions (as of January 1/ 1954) are New Mexico; revocation of exported for repairs, alterations, or proc now available, except the sup PLO’s reserving released lands essing through another port, they shall for use of Army Department- 6426 be forwarded to the port of exportation plements to Titles 1—3 and to under a transportation and exportation the General Index. Public Contracts Division Rules and regulations: entry. Order from Exception from certain provi (i) There shall be filed in connection Superintendent of Documents, Government sions permitting award of with an entry covering articles entered Printing Office, Washington 25, D. C. contracts for production of under the provisions of paragraph 1615 training films; revocation 6426 (g) (1) or (2), Tariff Act of 1930, as amended, where the value of the repairs, Reclamation Bureau alterations, or processing performed ex CONTENTS— Continued Notices: Big Thompson Project, Colo.; ceeds $500, a statement of the person who Federal Power Commission— PaS® revocation______6457 performed such repairs, alterations, or Continued processing in substantially the following Notices—Continued Securities and Exchange Com form: Hearings, etc.—Continued mission Oroville-Wyandotte Irriga Notices: (Place and date) tion District______6460 International Paper Co.; order I, ______declare that the declaring subsidiary not to be articles herein specified are to the best of my Public Utility District 1 of knowledge and belief the articles which, in Douglas County, Wash___ 6460 electric utility company and the condition in which they were exported Puget Sound Power & Light granting certain related re from the United States, were received by me Co. and Public Utility Dis quests______6467 (us) o n ______19__ _ from ------trict 1 of Douglas County, Treasury Department Wash______6460 (Name and address of owner or exporter in Ruby Oil & Gas Co______6457 See Coast Guard; Customs Bu reau. the United States) Seattle, City of______6460 that they were received by me (us) for the Food and Drug Administration sole purpose of being repaired, altered, or Rules and regulations: CODIFICATION GUIDE processed; that only the repairs, alterations, or processing described below were effected Antibiotic and antibiotic-con A numerical list of the parts of the Code by me (us); that the full cost or (when no taining drugs, tests and meth of Federal Regulations affected by documents charge is made) fair market value of such ods of assay and certification; published in this issue. Proposed rules, as repairs, alterations, or processing and the miscellaneous amendments__ 6424 opposed to final actions, are identified as value of the articles after repair, alteration, such. Health, Education, and Welfare or processing are correctly stated below; and that no substitution whatever has been made Department Title 3 PaSe to replace any of the articles originally re See Food and Drug Administra Chapter II (Executive orders): ceived by me (us) from the owner or exporter tion. 7325 (modified by PLO 1013)-— 6426 thereof mentioned above. Wednesday, October 6, 1954 FEDERAL REGISTER 6423 or subjected to a process of manufacture in permit the admission of certain vehicles Full cost or the United States is exported for further and craft for not over 90 days without Description (when no charge Total value processing; and Marks of articles is made) fair of articles “(B) the exported article as processed out formal entry or security for their expor and num and of repairs, market value after repairs, tation, when brought in by nonresidents bers alterations, of repairs, al alterations, side the United States, or the article which or processing terations, or or processing results from the processing outside the to take part in races or other specific processing United States, as the case may be, is re contests for which no money purses are turned to the United States for further awarded. processing, 1. Section 10.31 of the Customs Regu then such article may be returned upon the lations is amended by redesignating par payment of a duty upon the value of such agraphs (b), (c), (d),and (e) as (e), (f), processing outside the United States at the (g), and (h ), respectively, and by insert (Date) (Signature) rate or rates which would apply to such ar ing new paragraphs (b), (c), and (d), ticle itself if it were not within the pur to read as follows; (Address) (Capacity) view of this subparagraph (g). (b) The collector, if he is satisfied as “(3) This subparagraph (g) ¿hall not apply (j) When the value of the repairs, al to any article exported— to the importer’s identity and good faith, terations, or processing is $500 or less, “(A) from bonded warehouse or from con may admit a vehicle or craft brought in although any bill or statement of cost tinuous customs custody elsewhere than by a nonresident to take part in a race received by the importer shall be pro bonded warehouse with remission, abate or other specific contest for which no duced to the collector, no statement, or ment, or refund of duty; money purse is awarded, under the pro declaration, such as is provided for in “(B) with benefit of drawback through visions of section 308 (5), Tariff Act of paragraph (i) of this section need be substitution or otherwise; or 1930, as amended, without formal entry “ (C) for the purpose of complying with filed under ordinary circumstances. any law of the United States or regulation or security for exportation. In such (k) There shall be filed in connection of any Federal agency requiring exportation. cases the collector shall issue to the im with the entry the certificate of regis “(4) For the purposes of this subpara porter a certificate on customs Form tration (customs Form 4455) and a dec graph (g), the value of repairs, alterations, 4447, which shall be delivered with the laration made by the consignee, owner, or processing outside the United States shall article covered thereby to the customs or an agent having knowledge of the be considered to be— officer at the port of exit at the time of facts that the articles entered in their , “(A) the cost to the importer of such departure. If at the time of arrival it repairs, alterations, or processing; or repaired, altered, or processed condition “(B) if no charge is made, the value of appears that the article is likely to re are the same articles covered by the cer such repairs, alterations, or processing, main in the United > States beyond 90 tificate of registration. This declara days, formal entry and bond shall be tion shall also show that the full cost or as set out in the invoice and entry papers; taken. except that, if the Secretary of the Treasury (when no charge is made) fair market concludes that the amount so set out does (c) When any article has been ad value of the repairs, alterations, or pro not represent a reasonable cost or fair value, mitted without formal entry or security cessing is correctly stated in the entry. as the case may be, then the value of the for exportation and the importer there Where articles of metal (not including repairs, alterations, or processing shall be after desires to prolong his stay beyond any precious metal) are claimed to be determined in accordance with section 402 90 days, an entry covering the article subject to the provisions of paragraph of this Act. No appraisement of the im and security for its exportation shall be 1615 (g) (2), Tariff Act of 1930, as ported article in its repaired, altered, or accepted at any port where the article processed condition shall be required unless may be presented for examination. amended, there shall be included a con necessary to a determination of the rate or cise statement as to the nature of the rates of duty applicable to such article. Whenever an entry is substituted under processing performed outside the United “(h) The allowance of total or partial ex the provisions of this paragraph for a States immediately prior to the current emption from duty under any provision of certificate on customs Form 4447, the importation and as to the processing to this paragraph shall be subject to such reg time during which the imported article be performed thereafter in the United ulations as to proof of identity and com may remain in the United States under States, showing the name and address pliance with the conditions of this para the entry shall be computed from the of the processor who will do the subse graph as the Secretary of the Treasury may date of original arrival in the United quent processing, prescribe.” (Tariff Act of 1930, par. 1615 (g), States and the article shall be appraised (h ), as amended; 19 U. S. O. 1201, par. 1615 according to its value at the time of such (l) In any case where an imported ar (g), (b).) ticle was exported for repairs, altera arrival. tions, or processing without compliance (Sec. 624, 46 Stat. 759; 19 U. S. C. 1624) (d) In the case of a foreign-owned with the registration requirements of [seal] R alph K elly, automobile or motorcycle, the registra this section, the collector may waive Commissioner of Customs. tion card therefor may be taken up in such evidence if he is satisfied that the lieu of the issuance of customs Form returned merchandise is entitled to entry Approved: September 30,1954. 4447, if the owner so desires, provided under paragraph 1615 (g) (1) or (2), H. Chapman R ose, the collector is satisfied that the article and that the failure to comply with the Acting Secretary of the Treasury. concerned will leave the United States registration requirements was due to in via the same route within 90 days. advertence, mistake, or inexperience, [F. R. Doc. 54—7853; Filed, Oct. 5, 1954; 2. The quotation of subdivision 5 of and not to negligence or bad faith. 8:51 a. m.] section 308, as amended, appearing in (m) Collectors shall require at the footnote 34, appended to § 10.31 (a), is time of entry a deposit of estimated du amended to read as follows: ties based upon the full cost or fair mar [T. D. 536610] “(5) Automobiles, motorcycles, bicycles, ket value, as the case may be, of the airplanes, airships, balloons, boats, racing repairs, alterations, or processing. P art 10—Articles Conditionally F ree, shells, and similar vehicles and craft, (Sec. 201 (par. 1616), 46 Stat. 674, as amend Subject to a R educed R ate, Etc. and the usual equipment of the fore ed; 19 u. S. C. 1201 (par. 1615)) going; all the foregoing which are brought TEMPORARY IMPORTATIONS UNDER BOND temporarily into the United States by non 4. Footnote 6, appended to § 10.8, is residents for the purpose of taking part in amended to read as follows; Section 10.31, Customs Regulations, races or other specific contests; and, in the * “(g) (1) Any article exported from the relating to certain vehicles and craft im case of vehicles and craft entered under this United States for repairs or alterations may ported temporarily by nonresidents to subdivision to take part in races or other be returned upon the payment of a duty take part in races or other specific con specific contests for other than money upon the value of the repairs or alterations tests, amended. purses, collectors of customs, under such at the rate or rates which would apply to To conform to changes effected by regulations as the Secretary of the Treasury the article Itself In its repaired or altered Public Law No. 694, 83d Congress, ap may prescribe, may defer the exaction of condition if not within the purview of this subparagraph (g). proved August 28, 1954, amending sec a bond for not to exceed ninety days after “(2) If— tion 308 (5) of the Tariff Act of 1930, the date of importation, but unless such “(A) any article of metal (except precious as amended, the following amendments vehicle or craft is exported or the bond is metal) manufactured in the United States of the Customs Regulations are made to given within the period of such deferment,! 6424 RULES AND REGULATIONS such vehicle or craft shall be subject to TITLE 21— FOODS AND DRUGS lution and proceed as directed in forfeiture. § 141c.201 (a) (8). Its content of chlor- The foregoing amendments of § 10.31 Chapter I— Food and Drug Adminis tetracycline is satisfactory if it contains contemplate the use of a revised customs tration, Department of Health, Edu not less than 85 percent of the number Form 4447. The present supply of this cation, and Welfare of milligrams per gram of ointment that it is represented to contain. form shall be used, appropriately modi P art 141c—Chlortetracycline (or fied, until such supply is exhausted and (3) Tetracycline hydrochloride con T etracycline) and Chlortetracy tent. Prepare the sample as directed in the revised form is issued. cline- (or T etracycline-) Contain subparagraph (2) of this paragraph and (Sec. 624, 46 Stat. 759; 19 U. S. C. 1624) ing D rugs; T ests and Methods of proceed as directed in § 141c.218. Its A ssay content of tetracycline hydrochloride is [SEAL] D. B. STRTJBINGER, P art 146—G eneral R egulations for satisfactory if it contains not less than Acting Commissioner of Customs. the Certification of Antibiotic and 85 percent of the number of milligrams Approved: September 30, 1954. Antibiotic-C ontaining D rugs per gram of ointment that it is repre sented to contain. P art 146a—Certification of P enicillin H. Chapman R ose, (4) Neomycin content. The residue Acting Secretary of the Treasury. and Penicillin-Containing D rugs remaining in the funnel after the extrac P art 146c—Certification of Chlor tion described in subparagraph (2) of [P. R. Doc. 54-7852; Filed, Oct. 5, 1954; this paragraph contains the neomycin 8:51 a. m.] tetracycline (or T etracycline) and Chlortetracycline- (or T etracy and streptomycin or dihydrostreptomy cline-) Containing D rugs cin. Wash this residue five times, using 10-milliliter aliquots of distilled water, miscellaneous amendments drawing each washing off under vacuum. [T. D. 53613] By virtue of the authority vested in Combine the washings in a 100-milliliter the Secretary by the provisions of the volumetric flask and make to mark with Part 14—Appraisement Federal Food, Drug, and Cosmetic Act distilled water. Using an aliquot of this ANTIDUMPING ACTJ DETERMINATION OF (sec. 507, 59 Stat. 463, as amended by 61 aqueous solution, proceed as directed in. INJURY Stat. 11, 63 Stat. 409, 67 Stat. 389; sec. § 141a.65 (a) (2) (ii) or (iii) of this 701, 52 Stat. 1055; 21 U. S. C. 357, 371; chapter. The content of neomycin is Section 14.17, Customs Regulations, 67 Stat. 18), the regulations for tests satisfactory if it contains not less than relating to procedure under the Anti and methods of assay for antibiotic and 85 percent of the number of milligrams dumping Act, amended. antibiotic-containing drugs (21 CFR per gram of ointment that it is repre The Antidumping Act, 1921, has been Part 141c; 19 F. R. 1141) and certifica sented tb contain. amended by the Customs Simplification tion of antibiotic and antibiotic-con (5) Streptomycin content. Using an Act of 1954 to transfer determination of taining drugs (21 CFR Parts 146, 146a, aliquot of the aqueous solution prepared injury in dumping cases to the Tariff 146c; 19 F. R. 671, 1141) are amended in subparagraph (4) of this paragraph, Commission, effective October 1, 1954. as indicated below: proceed as directed in § 141b. 101 (a) 1. Part 141c is amended by adding the through (i) of this chapter. The con In order to provide for the operation of following new section: tent of streptomycin is satisfactory if it the new law, the following amendment contains not less than 85 percent of the is being made effective at this time. § 141c.223 Chlor tetracycline-neomy- number of milligrams per gram of oint Section 14.17 is amended to read as cin-streptomycin-penecillin ointment; ment that it is represented to contain. follows: Chlortetracycline - neomycin - dihydro (6) Dihydrostreptomycin content. streptomycin-penicillin ointment; tetra Using an aliquot of the aqueous solution § 14.17. Findings of Commissioner of cycline hydrochloride-neomycin-strep Customs; determination of injury, (a) prepared in subparagraph (4) of this tomycin-penicillin ointment; tetracy paragraph, and the dihydrostreptomycin When a notice of withheld appraisement cline hydrochloride-neomycin-dihydro- working standard as a standard of com has been issued oh account of suspected streptomycin-penicillin ointment—(a) parison, proceed as directed in § 141b.l01 dumping, the Commissioner of Customs Potency— (1) Penicillin content. Place (a) through (i) of this chapter. The will proceed as promptly as possible to an accurately weighed sample of approx content of dihydrostreptomycin is satis determine whether the merchandise in imately 1 gram in an extraction funnel factory if it contains not less than 85 question is in fact being, or is likely to prepared by fusing a ground-glass joint percent of the number of milligrams per be, sold in or to the United States at less to the top of a medium-porosity sin- gram of ointment that it is represented than its fair value. If the determination tered-glass filter funnel (30-millimeter to contain. diameter). Wash with five 10-milliliter (b) Moisture. Proceed as directed in is affirmative, he will advise the United portions of warm iso-octane and draw States Tariff Commission accordingly. § 141a.8 (b) of this chapter. off the ointment base under vacuum. 2. Section 146.1 Definitions and inter (b) If the Tariff Commission deter Discard the iso-octane washings. Wash mines that there is, or is likely to be, the pretations is amended as follows: the residue with three 10-milliliter por a. Paragraphs (a), (b), (b-1) and (c) injury contemplated by the statute, the tions of chloroform and draw off under are amended by deleting the last sen Commissioner of Customs, with the ap vacuum, combine the extracts, and make tence. proval of the Secretary of the Treasury, to mark in a 250-milliliter volumetric b. Paragraph (f) is amended by in will make the finding contemplated by flask with absolute alcohol. Make the serting after the words “crystalline po section 201 (a) of the Antidumping Act, proper estimated dilutions in 1-percent tassium penicillin O’’ the words “stand as amended, with respect to the involved phosphate buffer, at pH 6.0, and proceed ardized by the penicillin G master merchandise. as directed in § 141a. 1 of this chapter. standard and”. Its content of penicillin is satisfactory c. Paragraph (1) is amended by (R. S. 161, 251, sec. 407, 42 Stat. 18; 5 U. S. C. if it contains not less than 85 percent changing the words “penicillin master 22, 19 U. S. C. 66, 173) of the number of units per gram of oint ment that it is represented to contain. standard” to read “penicillin G master [seal] R alph K elly, standard”. Commissioner of Customs. (2) Chlortetracycline content. Wash d. Section 146.1 is further amended by the residue in the funnel four times with adding the following new paragraph: Approved: September 30, 1954. 10-milliliter portions of 0.3 percent pi- peredine in acetone solution. Withdraw ■ (x) Wherever the potency of an anti H. Chapman R ose, biotic drug included in the regulations Acting Secretary of the Treasury. each washing under vacuum. Combine in this chapter is expressed in terms of the four washings in a 100-milliliter weight, such potency shall be equivalent [F. R. Doc. 54-7854; Filed, Oct. 5, 1954; volumetric flask and make to mark with 8:52 a. m.] to that contained in the same weight of acetone. Remove an aliquot of this so the master standard of the drug. Wednesday, October 6, 1954 FEDERAL REGISTER 6425 3. In § 146a.39 Capsules procaine pen sults and dates of the latest tests and eral recognition, must first subscribe to icillin in oil, subparagraph (1) (iv) of assays of the neomycin, streptomycin the following oath: paragraph (c) Labeling is amended by or dihydrostreptomycin, and penicillin • * * * ■ * changing the number “24” to read “36”. used in making the batch for potency, (b) Persons eligible. (1) • * * 4. In § 146a.51 Buffered penicillin toxicity, moisture, pH, streptomycin (i) Army or Air Force Reserve Officers powder * * *, paragraph (a) Stan content of the dihydrostreptomycin, and other qualified officers and former dards of identity * * * is amended by crystallinity if it is crystalline dihydro - officers, with previous honorable and inserting in the first sentence the words streptomycin, and crystillinity and creditable service in any component of “sodium salicylate and a suitable anti- penicillin G content of the procaine the Armed Forces, who have demon histaminic agent,” immediately follow penicillin G. He shall also submit in strated their qualifications by service in ing the word “probenecid,”. connection with his request a sample grade contemplated, or by the satisfac 5. Part 146c is amended by adding the consisting of not less than 8 packages of tory discharge of equal and correspond following new section: such ointment and (unless they were ing responsibilities for a period of not § 146C.223 Chlortetracycline - neo- previously submitted), accurately repre less than 6 months while on active duty. - my ein-streptomycin-penicillin ointment; sentative samples of the following, in the ♦ * * * * quantities indicated. Chlortetracycline - neomycin - dihydro (c) Requirements for Federal Recog streptomycin - penicillin ointment; (1) The neomycin used in making the nition. * * * tetracycline, hydrochloride - neomycin- batch: 5 packages, each containing ap proximately equal portions of not less (3) Age. * * * streptomycin-penicillin ointment; tetra (ii) Maximum age-in-grade limita cycline hydrochloride - neomycin-dihy than 0.5 gram. (2) The streptomycin or dihydro tions— (a) Appointment. Applicants drostreptomycin - penicillin ointment. for Federal recognition must not have (a) Chlortetracycline-neomycin-strep- streptomycin used in making the batch: 5 packages, each containing approxi attained the birthday shown below prioir tomycin-penicillin ointment, chlortetra- to appointment in grade indicated, ex cycline-neomycin-dihydrostreptomycin- mately equal portions of not less than 0.5 gram. cept that age limits may be increased by penicillin ointment, tetracycline hydro- an amount not to exceed length of pre chloride-neomycin-streptomycin-p e n i- (3) The procaine penicillin G used in making the batch: 10 packages, each vious service in the grade in which ap cillin ointment, and tetracycline hydro pointment is desired. Previous service chloride - neomycin - dihydrostrepto containing approximately equal portions of not less than 300 milligrams. includes service in an active status in mycin-penicillin ointment conform to any component of the Armed Forces in all requirements and are subject to all (d) The fee for the services rendered with respect to each immediate con the same grade. An applicant’s age procedures prescribed by § 146c.202 for must be such that he can serve at least chlortetrayeycline hydrochloride oint tainer in the samples of neomycin, strep one year before recognition will be ter ment and tetracycline hydrochloride tomycin or dihydrostreptomycin, and minated under age limitations as set ointment, except that: penicillin submitted in accordance with forth in § 1101.4. Any applicant to be (1) They contain not less than 28 the requirements prescribed therefor by assigned to the headquarters of a State, milligrams of Chlortetracycline hydro this section shall be $4.00. Territory, Puerto Rico, or the District of chloride or tetracycline hydrochloride (Sec. 701, 52 Stat. 1055; 21 U. S. C. 371) Columbia, may not be more than 59 years per gram. Notice and public procedure are not old. Provisions of this paragraph are (2) They contain not less than 14 necessary prerequisites to the promul not applicable to applicants for promo milligrams of neomycin per gram. The gation of this order, and I so find, since tion, transfer in branch, and Army Re neomycin used conforms to the require it was drawn in collaboration with inter serve officers seeking Federal recognition ments prescribed by § 146e.410 (a) (2) ested members of the affected industry in the same (or lower) grade and same of this chapter. and since it would be against public in branch. (3) They contain not less than 14 terest to delay providing for the amend Grade: Age milligrams of streptomycin or dihydro ments set forth above. Second lieutenant______28 streptomycin per gram. The strepto First lieutenant______33 mycin used conforms to the standards This order shall become effective upon Captain______39 publication in the F ederal R egister, prescribed by § 146b.l01 (a) of this chap Major______48 ter, except § 146b. 101 (a) (2), (4), and since both the public and the affected Lieutenant colonel______51 (5). The dihydrostreptomycin used industry will benefit by the earliest ef Colonel______55 fective date, and I so find. ♦ * * * * conforms to the standards prescribed by § 146b.l03 of this chapter, except the Dated: September 30, 1954. (d) Application for recognition and processing of papers— (1) Action taken standards for sterility, pyrogens, and [seal] Oveta Culp H obby, histamine. Secretary. by the individual. * * * (4) They contain not less than 28,000 (ii) Complete NGB Form 62 (Applica units of procaine penicillin G per gram. [P. R. Dqc. 54-7849; Plied, Oct. 5, 1954; tion), DD Form 98 (1 Feb 54) (Loyalty The procaine penicillin used conforms to 8:50 a. m.] Certificate for Personnel of the Armed the requirements prescribed by § 146a.44 Forces) in duplicate, DD Form 398 (a) of this chapter, except § 146a.44 (a) (Statement of Personal History), in (2) and (3). TITLE 32— NATIONAL DEFENSE quintuplicate, FBI fingerprint card, attach appropriate copies of report of (b) In lieu of the directions for label Chapter XI— National Guard and ing prescribed for Chlortetracycline hy medical examination, and submit to drochloride ointment and tetracycline State Guard, Department of the immediate commanding officer. (FBI hydrochloride ointment by § 146c.202 (c> Army fingerprint card and Report of Medical Examination will be submitted in one (1) TITLE 4T— PUBLIC CONTRACTS [Public Land Order 1013] Stat. 1095, 1099), is hereby set aside for use of The Alaska Railroad for railroad Chapter II— Division of Public Con Alaska purposes: U. S. Survey 2159 tracts, Department of Labor RESERVING LANDS FOR THE USE OF THE North Addition to Fairbanks Townsite ALASKA RAILROAD MODIFYING EXECUTIVE P art 201—G eneral R egulations Block 3, Lot 5. ORDER NO. 7325 OF MARCH 30, 1936 REVOCATION OF EXCEPTION FROM PROVI The area described contains approxi SIONS OF SECTION 1 OF THE WALSH- By virtue of the authority contained in mately 0.12 acre. HEALEY PUBLIC CONTRACTS ACT PERM IT section 1 of the act of March 12,1914 (38 Executive Order No. 7325 is hereby TING THE AWARD OF CONTRACTS FOR THE Stat. 305, 307; 48 U. S. C. 303, 304, 307) modified to the extent necessary to per PRODUCTION OF TRAINING FILMS and pursuant to Executive Ofder No. mit the use of the land by The Alaska 10355 of May 26, 1952, it is ordered as Railroad. On January 5, 1943 (8 P. R. 376), the follows: D ouglas McK ay, Secretary of Labor granted an exception Subject to valid existing rights, the Secretary of the Interior. permitting the award of contracts dur following-described land in the Territory ing World War II for the production of of Alaska reserved by Executive Order S eptember 29, 1954. training films without the inclusion of No. 7325 of March 30, 1936 for townsite [F. R. Doc. 54-7823; Filed, Oct. 5, 1954; the representations and stipulations con entry under the act of March 3,1891 (26 8:45 a. m.] tained in section 1 of the Walsh-Healey Public Contracts Act (49 Stat. 2036; 41 U. S. C. 35). This exception was granted at the request of the Secretary of War after he had made a written finding that the inclusion of these representations PROPOSED RULE MAKING and stipulations in Government con tracts would seriously impair the produc DEPARTMENT OF AGRICULTURE producers of dried figs, and the Cali tion of training films for the United fornia Dried Fig Advisory Board, which States Army, Agricultural Marketing Service administers the Marketing Order for The continuing need for this exception Dried Figs, as Amended, a California has been reviewed by the Department of [ 7 CFR Part 964 1 State marketing program operating Defense, and it has been found that the [Docket No. AO-258] under the California Marketing Act of exception is not used in present con 1937, as amended, with a petition for a tracts and that its use in future contracts Handling of D ried F igs P roduced in hearing thereon. The objective of the is not contemplated. California order is to bring to the dried fig industry Therefore, pursuant to authority con NOTICE OF RECOMMENDED DECISION AND of California the benefits of the Agricul tained in section 6 of the Walsh-Healey OPPORTUNITY TO FILE WRITTEN EXCEP tural Marketing Agreement Act of 1937, Public Contracts Act (49 Stat. 2036; 41 TION WITH RESPECT TO PROPOSED MAR as amended (hereinafter called the U. S. C. 35), the exception for the pro KETING AGREEMENT AND ORDER “act”). duction of training films from the provi Pursuant to the rules of practice and Material issues. The material issues sions of section 1 of that act is hereby presented on the record of the hearing revoked. procedure, as amended, governing pro ceedings to formulate marketing agree are as follows: Signed at Washington, D. C., this 29th ments and marketing orders (7 CFR (1) The right to exercise Federal day of September 1954. Part 900; 19 F. R. 57), notice is hereby jurisdiction; (2) The need for the proposed regu J ames P. M itchell, given of the filing with the Hearing Secretary of Labor. Clerk of this recommended decision of latory program to effectuate the de the Deputy Administrator, Agricultural clared policy and purposes of the act; [P. R. Doc. 54-7848; Piled, Oct. 5, 1954; Marketing Service, United States De (3) The specific terms and provisions 8:50 a. m.] partment of Agriculture, with respect to to be incorporated in the order, if a proposed marketing agreement and adopted such as: order regulating the handling of dried (a) The definitions of such terms as TITLE 43— PUBLIC LANDS: figs produced in California. Such mar “Secretary,” “act,” “person,” “natural INTERIOR keting agreement and order would be condition dried figs,” “processed dried effective pursuant to the provisions of figs,” “dried figs,” “variety,” “acquire,” Chapter I— Bureau of Land Manage the Agricultural Marketing Agreement “producer,” “handler,” “handle,” “crop ment, Department of the Interior Aot of 1937, as amended (7 U. S. C. 601 year,” “part,” and “subpart.” (b) The establishment and mainte Appendix C— Public Land Orders et seq.). Interested parties may file ex ceptions to this recommended decision nance of an administrative agency, to be [Public Land Order 995; Correction] with the Hearing Clerk, United States known as the Dried Fig Administrative N ew Mexico Department of Agriculture, Room 1371, Committee (hereinafter referred to as South Building, Washington 25, D. C. the “committee”) for conducting order REVOKING PUBLIC LAND ORDERS NO. 133 o f Any such exceptions should be filed in operations, the powers and duties of such JUNE 7, 1943, NO. 242 OF AUGUST 23, quadruplicate, and must be received prior committee, and its manner of doing 1944, AND NO. 595 OF JULY 18, 1949, AND to the close of business on the tenth day business; RESERVING THE RELEASED LANDS FOR USE after publication of this recommended (c) The formulation and adoption of OF THE DEPARTMENT OF THE ARMY; COR decision in the F ederal R egister. a marketing policy for each crop year; RECTION Preliminary statement. A public . (d) The imposition of quality con S eptember 30,1954. hearing, on the record of which the trols applicable to handlers’ acquisitions The land description in Federal Reg presently proposed marketing agree and dispositions of dried figs irrespective ister Document 54-6691 appearing on ment and marketing order (hereinafter of whether the estimated season average page 5443 of the issue for August 26, called the “order”) were formulated, was price to producers for dried figs exceeds 1954, so far as such description related held at Fresno, California, from June 15 parity, the adoption of minimum grade to land in T. 9 N., R. 41/i> E., should read to 18, 1954, both dates inclusive. Such standards, and the inspection and cer as follows: hearing was held pursuant to a notice tification of such figs; (e) The authorization of volume regu New Mexico P rincipal Meridian thereof which was published in the F ed eral R egister (19 F. R. 3092) on May 28, lation providing for the separation of T. 9 N., R. 4% E., handlers’ acquisitions of dried figs into Secs. 13, 24, 25, and 36. 1954. Said notice contained a draft of salable tonnage and surplus tonnage, a proposed order which had been pre and the manner of control and disposi W. G. Guernsey, sented to the Secretary of Agriculture Associate Director. tion of surplus tonnage; (hereinafter called the “Secretary”) by (f) The filing of reports and the keep [P. R. Doc. 54-7822; Piled, Oct. 5, 1954; the California Fig Institute, the mem ing of records by handlers, and the 8:45 a. m.] bership of wliich includes commercial verification of such reports; Wednesday, October 6, 1954 FEDERAL REGISTER 6427 • (g) The incurring of expenses by the cause of the size-grading, sorting, blend net pool proceeds would be distributed to committee and the levying of assess ing, slicing, grinding or other processing the beneficiaries in accordance with ments; operations which are necessary to pre their respective interests therein. (h) Additional terms and conditions pare the fruit for market. Therefore, It was testified at the hearing by the as set forth in §§ 964.80 through 964.89 when handlers acquire dried figs, they proponents of the order that they desire and published in the F ederal R egister do not know whether the particular fruit that the order and the State program (19 F. R. 3092) on May 28, 1954, which will eventually move to intrastate, inter complement each other so that the State are common to marketing, agreements state or foreign destinations. In these program would continue to operate the and orders, and certain other terms and circumstances, it would be impracticable substandard pool. In addition, it is de conditions as set forth in § § 964.94 to regulate the handling of dried figs sired that authorization with respect to through 964.96, and also published in in interstate and foreign commerce with advertising and sales promotion, and re said issue of the F ederal R egister, which out also regulating the handling of dried search and surveys respecting produc are common to marketing agreements figs in intrastate commerce. It is con tion, processing, and marketing, and only; and cluded, therefore, that all handling of regulation with respect to unfair trade (4) The omission of prescribed pro dried figs, as defined in the order, is practices be continued under the State cedure with respect to issuance of this either in the current of interstate or program. Also, that the State continue Deputy Administrator’s recommended foreign commerce, or directly burdens, to collect from producers and handlers decision and the opportunity to file obstructs, or affects such commerce. whatever assessments may be necessary, written exceptions thereto. The existing State program provides to cover the costs of the several types of Findings and conclusions: The find for the imposition of quality and volume activities which are proposed to be con ings and conclusions on the foregoing controls which are generally similar to tinued under its jurisdiction. At the material issues, all of which are based those contemplated under the order, ex same time the proponents desire that the on the evidence adduced at the hearing cept that, insofar as quality regulation order assume jurisdiction for quality and the record thereof are as follows; is concerned, the State program provides regulation over the receiving and dis (1) The commercial production of for the pooling and disposition of dried position of dried figs by handlers and for dried figs in the United States, which figs of substandard quality. Under the the imposition of volume regulation on comprises approximately 15 percent of State program, a producer is, in effect, handlers. the estimated world production, is con prohibited from selling to a handler and Since all handling of dried figs, as fined to California and principally to the a handler is prohibited from buying from defined in the order, is either in the cur central (San Joaquin-Sacramento) val a producer any lot of dried figs which rent of interstate or foreign commerce ley region. About 87 percent of the figs fails to meet certain prescribed mini or directly burdens, obstructs, or affects produced in that State are dried and mum quality standards. Lots of dried such commerce, it is clear that the act the remainder are canned or sold for figs which fail to meet these minimum authorizes the regulation of them pur consumption as figs. During the period quality standards (i. e., substandard suant thereto exclusively by the Federal 1949-53, an annual average of approxi figs) are required to be delivered to the Government if the Secretary concludes mately 26,600 tons of dried figs was pro State agency for pooling and disposition that such a way of handling is desirable duced in California, of which more than in channels which are not competitive in order to achieve the statutory pur 20 percent was of substandard quality. with the normal market outlets for poses and policy most effectively. It is Under the State of California Marketing dried figs of merchantable quality, and equally clear, however, that such regu Order for Dried Figs as amended July the net proceeds from such pool are lation through the exercise of exclusive 22, 1953 (hereinafter referred to as "the paid to the beneficiaries in proportion Federal jurisdiction is not the only State program”), the dried figs of sub to their respective equities therein. The method which is available for his use. standard quality are pooled and disposed State program also precludes handlers To the contrary, he is expressly author of for purposes or uses (such as for ani from disposing of dried figs in normal ized by the provisions of section 10 (i) of mal feed) which are noncompetitive market outlets unless the fruit meets the act, in any instance where he deems with the disposition of merchantable or minimum standards of quality for the such action to be desirable and appro passable quality dried figs. disposition of dried figs. The volume priate, "to issue [Federal] orders (sub Between 85 and 90 percent of the dried regulation authorization under the ject to the provisions of section 608c of figs of passable or merchantable quality State program is similar to the volume this title) complementary to orders or moves to destinations outside of Cali regulation authorization in the order. other regulations issued by such [State] fornia in the form of dried figs, sliced In addition, the State program author authorities.” The provisions of this dried figs or fig paste, and the remainder izes advertising and sales promotion, section 10 (i) were interpreted by the moves to intrastate destinations. The and research and surveys respecting the Supreme Court of the United States in principal markets for'California dried production, processing and marketing of Parker v. Brown, 317 U. S. 341, 87 L. Ed. figs are in the United States, but a small dried figs, and regulation with respect 315, 63 S. Ct. 307, as also authorizing the portion of the production is exported, to unfair trade practices. Assessments Secretary to rely solely upon State regu mostly to Canada. to cover the costs of these indicated lation for the achievement of the pur The order must regulate the handling types of activities under the State pro poses and policy of the act when he con of all dried figs produced in California if gram are levied on both producers and cludes that such a way of handling is it is to operate effectively. One regula handlers. most appropriate and desirable. tion contemplated by the order would The order would preclude any handler That the Secretary’s freedom of choice require that each lot of natural condition from acquiring any lot of natural condi as to which of the aforementioned three dried figs tendered to a handler must be tion dried figs which fails to meet pre alternative methods shall be selected for under the jurisdiction of the committee scribed minimum standards of quality use in a particular situation may not be from the time of delivery thereof until or to dispose of dried figs in normal mar curtailed or restricted is believed to be inspection results are available. An ket outlets unless the fruit meets cor too obvious to require any extended dis other regulation would prohibit any related minimum standards of quality cussion of the matter. It should be suf handler from acquiring natural condi for the disposition of dried figs. Also ficient to say that such freedom is essen tion dried figs failing to meet prescribed the order would contain authorization tial for him to perform his functions minimum standards of quality. Still for volume regulation, under which sal under the act effectively. This freedom another regulation would require each able and surplus percentages could be would not be affected by the fact that, at handler acquiring dried figs to set aside designated for application against han the time a proposed Federal program is and hold for disposition by the commit dlers’ acquisitions of natural condition being considered, a State program is in tee, that portion of such acquisitions as dried figs of passable quality, and, dur effect which may be accomplishing at ing any crop year when such a type of would be determined by the application regulation is in effect, the surplus por least a part of the objectives which it is of the surplus percentage fixed by the tion would be pooled and disposed of in intended that the Federal program will Secretary to such acquisitions. Han channels which are generally not com accomplish. In other words, he must dlers customarily do not maintain the petitive with the normal market outlets have the same freedom of choice in a identity of each lot acquired by them for merchantable dried figs unless need situation of that kind as he would have until they dispose of the dried figs be ed to augment the salable portion. The in a case where no governmental control 6428 PROPOSED RULE MAKING was in effect at the time of the assures that only merchantable dried had not extended financial assistance to consideration. figs will be marketed in normal market the industry by purchase and diversion The soundness of the aforementioned outlets, and the State program would programs which accounted for the dis statutory interpretation is confirmed retain jurisdiction over the pooling and position of approximately 16,300 tons of from the following excerpt from the disposition of substandard dried figs in dried figs outside of normal commercial opinion written by the then Chief Justice noncompetitive outlets. The latter trade channels during the three-year in Parker v. Brown, supra: operation involves the intricate regula period 1948-50. We may assume also that a stabilization tion of all producers. The assumption of The economic position of the industry program adopted under the Agricultural the quality and volume regulationsJjy the has been and is being affected adversely Marketing Agreemeht Act would supersede Federal Government is particularly ap by the increasing quantities of dried figs the state act. But the federal act becomes propriate in view of the fact that from and fig paste which are being imported effective only if a program is ordered by the 85 to 90 percent of dried figs of merchan into the United States. These imports Secretary. Section 8c (3) provides that table quality produced in California compete directly in the market place whenever the Secretary of Agriculture “has reason to believe” that the issuance of an move to destinations outside of that with the domestic production, and con order will tend to effectuate the declared State. stitute a major reason in recent years for policy of the act with respect to any com It is contemplated by the proponents burdensome industry carry-overs, low modity, he shall give due notice of an op that, if the order is made effective, the prices to domestic producers, and for the portunity for a hearing upon a proposed State program provisions will either be California industry sharing to a decreas order, and section 8c (4) provides that after amended to delete any portion which ing extent in the domestic market. For the hearing he shall issue an order if he finds may be in conflict with the order or any the four marketing seasons 1945-46 to and sets forth in the order that its issuance such conflicting portion of the State will tend to effectuate the declared policy of 1948-49, United States imports for con the act with respect to the commodity in program will be inoperative after the sumption averaged only 1,559 tons of question. Since the Secretary has not given effective time of the order. Otherwise, dried figs annually, with practically no notice of hearing and has not proposed or if the Federal and State regulations imports of fig paste during that period, promulgated any order regulating raisins, it should conflict with each other, the pro and supplied about seven percent of the must be taken that he has no reason to be visions in the order would prevail. apparent domestic consumption of dried lieve that issuance of an order will tend to (2) The production and the preparafigs and fig paste, which averaged about effectuate the policy of the act. tion by producers of dried figs for de The Secretary, by section 10 (i), is au 23,100 tons annually for that period. thorized “in order to effectuate the declared livery to handlers are very expensive During the four marketing seasons 1949- policy” of the act, and "in order to obtain operations because, among other rea 50 to 1952-53, imports for consumption uniformity in the formulation, administra sons, of the time (about six years) re annually averaged 3,210 tons of dried tion, and enforcement of Federal and State quired to bring a new fig orchard into figs and 426 tons of fig paste, a total of programs relating to the regulation of the bearing, the low yield per acre of figs, 3,636 tons, representing about 15 per handling of agricultural commodities,” to and the pecularities of the fig which cent of the annual average apparent confer and cooperate with duly constituted make it and the dried fig especially vul domestic consumption of approximately authorities of any state. From this and the whole structure of the act, it would seem nerable to insects, diseases, molds and 24,600 tons for that period. that it contemplates that its policy may be various defects. On July 24, 1952, the United States effectuated by a state program either with For each of six of the past seven mar Tariff Commission found, pursuant to or without the promulgation of a federal keting seasons (1950-51 was the excep section 7 of the Trade Agreements Ex program by order of the Secretary. CF. tion) , the estimated season average tension Act of 1951 (fig paste was not United States v. Rock Royal Co-op., supra. price received for dried figs by California eligible for consideration in that con It follows that the adoption of an adequate producers has been well below the parity nection) , that dried figs were being im program by the state may be deemed by the Secretary a sufficient ground for believing price for this commodity. The esti ported into the United States in such that the policies of the federal act will be mated season average price for 1952-53 increased quantities, both actual and effectuated without the promulgation of an was $143 per ton, or only 57 percent of relative, as to cause serious injury to order. parity, and for 1953-54 it was $156 per the domestic industry producing like or It is evident, therefore that the Marketing ton, or only 68 percent of the parity competitive products, and as to threaten Act contemplates the existence of state pro price for that season. Hence, it is clear continuance of such injury. The Com grams at least until such time as the Secre that producers have been unable in mission further found and recommended tary shall establish a federal marketing program, unless the state program in some recent years to obtain parity prices for to the President that the then current way conflicts with the policy of the federal dried figs, which is a declared objective rate of import duty of 2l/z cents per act. The act contemplates that each of the act, or to obtain prices which rep pound on dried figs should be increased sovereign shall operate “in its own sphere resent a reasonable percentage of parity. to 4x/2 cents per pound. The President but can exert its authority in conformity This situation has prevailed notwith concurred in the Commission’s recom rather than in conflict with that of the standing the downward trends in the mendation and on August 29, 1952, put other.” H. Rep. No. 1241, 74th Cong., 1st bearing acreage of California figs and the increased rate into effect. As a re Sess. pp. 22-23; S. Rep. 1011, 74th Cong., 1st Sess. p. 15. the production of dried figs, and despite sult of later investigation, the Commis the industry’s self-help efforts of long sion found on June 3, 1953, that the It is believed that the State and Fed duration to improve its economic posi higher rate of duty of 4*£ cents per eral programs operating together in the tion through research, advertising, sales pound of dried figs remained necessary complementary relationship described promotion, and mandatory quality con to prevent serious injury to the domestic above would provide the industry with a trols. industry, and on June 25,1953, the Presi more desirable program structure than Another indication of the distressed dent concurred in this finding. Despite would the State program operating alone. economic position of the industry is the this, however, during the marketing year As is indicated above, the situation is carry-over of dried figs held by the in of July 1, 1953 to June 30, 1954, United such that full jurisdiction over the pro dustry on July 1 of certain recent years. States imports for consumption are esti- % posed regulation to the extent permitted For example, the hearing record shows mated at 3,902 tons of dried figs and by the act could be assumed by the Fed that the industry carry-over as recently 2,504 tons of fig paste, or a total of 6,406 eral Government. However, the in as July 1, 1952, totaled approximately tons of dried figs and fig paste, which is dicated division of jurisdiction is desired 4,800 tons, excluding Kadotas, but in more than the quantity imported for by the dried fig industry and the State cluding Calimyrna, Adriatic and Black consumption in the United States in any has expressed its willingness to cooperate Mission dried figs. In this regard, how other season since 1929-30. with respect to complementary Federal ever, it was testified at the hearing that Approximately two-thirds of the Cali and State programs for the benefit of the industry carry-over as of July 1 needed fornia production of dried figs of stand industry. The proposed division of juris to be only 1,000 to 2,000 tons of dried ard quality (processed dried figs, includ diction is such that the order would in figs to meet market demand before the ing dried figs, sliced dried figs and fig clude volume regulation which applies new crop became available in apprecia paste) is utilized in the bakery outlet, only to merchantable quality dried figs ble volume. It is likely that industry primarily in the manufacture of fig bars. and that portion of the quality regula carry-over of dried figs in recent years Manufacturers also use imported dried tion which relates to handlers’ receipts would have been even greater if the figs and fig paste for this purpose. They and dispositions of dried figs and which United States Department of Agriculture were represented at the hearing by at- Wednesday, October 6, 1954 FEDERAL REGISTER 6429 tomeys, who later filed with the Hearing ble production and the decline in the the program so as to maintain prices to Clerk a brief in which it was contended proportion of the domestic demand sup producers above the parity level. Inso that the order should not be recom plied by such production were accom far as marketing agreement and order mended by the Secretary because its panied by a substantial increase, as programs with respect to fruits and vege approval and adoption would neither be shown heretofore, in the average volume tables are concerned, the objective is re in the public interest nor tend to effectu of imports, which contributed to pro quired to be achieved by specified ate the declared policy of the act. In ducers receiving low average prices for methods which limit the part of a crop support of these contentions, it was dried figs during the past three seasons. which is available for sale in normal argued that the proponents had not As a result of such prices, the domestic market channels. Those permissible demonstrated a need for the order, in production of dried figs has not been methods, which are set forth in section that it would merely duplicate or replace maintained at former levels. 8c (6) of the act, are by the fixing and certain quality and inspection controls Thus, increased imports have con application of minimum standards of and authorization for volume regulation tributed to the deficit supply position of grade, size, or quality as a condition for which are now provided for under the the domestic industry, and the com the disposition in such channels, or by State program, and which have been bined supply of the domestic and im the fixing and application of salable and found to be adequate. It was contended, ported dried figs and fig paste marketed surplus percentages (i. e., so-called however, that volume regulation is not in the United States in recent seasons volume regulation) and the permitting of justifiable because the dried fig industry has been excessive in that the prices for only the salable portion to be sold in such is a deficit industry in the sense that it that supply have reflected less than fair channels, or on a combination of those does not supply all of the domestic mar and reasonable returns to domestic pro two general methods. It is proposed that ket requirements for the commodity. It ducers. In this regard, the level of pro a combination of such general methods was further argued that the real purpose ducer prices must be considered in de be adopted in the present instance. of the proponents was to usé* the order termining whether a surplus of an agri Since the limitation of the quantity of as a “stepping-stone” for obtaining cultural commodity exists. the production of the particular com limitations on imports pursuant to sec It is possible that future supply, de modity which is available for sale in nor tion 22 of the act; that, if this purpose mand, and other conditions for dried mal market outlets is the basic essential were used to show a need for the order, figs will be such that producer prices for the successful operation of a market such action would be “putting the cart and total returns from the sale of dried ing agreement and order program, it is before the horse” and the issuance of figs could be increased by withholding obvious that any disruption of this quan the order would constitute a perverted a portion of the domestic production of tity limitation tends to militate against use of the act; and that imposition of merchantable quality dried figs from the effectiveness of the program opera limitations on imports would restrict a regular commercial trade channels. tions. The evidence shows that such a source of supply necessary for the con Under average growing conditions, it is disruption has occurred in connection suming public by reason of the deficit possible in any year that the. merchant with the regulation of dried figs under supply position of the domestic industry. able production of a particular variety the State program, in that increasingly It is true that the provisions of the of California dried figs will exceed the larger quantities of dried figs and fig order would replace certain similar qual domestic demand therefor at prices re paste are being imported into the United ity and inspection controls which are flecting fair and reasonable returns to States, with a consequent reduction in imposed under the State program and producers, and so as to make volume demand for the domestic production, as would replace the similar authorization regulation advisable as to that variety. well as in a reduction in the prices which for volume regulation now contained in The proponents of-the order recognize domestic producers have received per the State program. However, this that volume regulation may not be unit of measurement. The seriousness change from State jurisdiction to Fed needed, but wish to have authorization of the present situation is evidenced by eral jurisdiction was proposed by the for it as insurance in case it is needed. the fact that domestic producers are dried fig industry on its own volition, and They also recognize that the use of vol now receiving much less than the parity the State through its authorized repre ume regulation must be avoided if it price. sentative who testified at the hearing, would encourage the importation of The aforementioned disruption caused has expressed its willingness to cooperate larger quantities of dried figs and fig by the large volume of imports would in developing complementary State and paste to the detriment of the domestic presumably be obviated, or at least alle Federal programs for the benefit of the industry. Safeguards against unwise viated, by the imposition, pursuant to industry. In this instance, the State use of volume regulation are provided in the provisions of Section 22 of the act program would either be amended to the order by special requirements that (7 U. S. C. 624) of limitations on imports. delete any provisions which would con its establishment must be recommended However, a condition precedent for the flict with the order or any such con by at least four producer members and obtaining of such relief is that such im flicting provisions in the State program four handler members of the committee portations render or tend to render in would be inoperative. In these circum and approved by the Secretary. effective or materially interfere with cer stances, the justification of the quality With respect to the manufacturers’ tain types of Federal programs, such as and volume regulatory provisions of the arguments regarding section 22 of the the proposed order. In other words, this order is properly the same as that which act, it is recognized that, to the extent relief presumably may not be afforded would be appropriate in the absence of the order would tend to effectuate the in any event in the absence of a Federal any State program covering those fields. declared policy of the act, the cost of program. With respect to the contention that their domestic supply of raw material It has been demonstrated heretofore volume regulation would not be justi may be increased, and if the proponents that the circumstances in regard to dried fied, it is true that during the four mar are successful in obtaining limitations figs are such as to justify either exclu keting seasons 1949-50 to 1952-53 the on imports, this source of supply for sive Federal jurisdiction over regulation production of merchantable quality dried manufacturers also would be affected. or concurrent Federal and State juris figs in California averaged approxi It is expressly set forth in section 2 diction, whichever the Secretary may mately 21,900 tons, or about 2,700 tons of the act that the policy of Congress is deem to be the more desirable. Thus, less than the annual average apparent that a marketing agreement and order the fact that there is already a State domestic consumption of approximately program be operated by the Secretary, program in existence is immaterial, and 24,600 tons o f, dried figs and fig paste. through the exercise of the powers con the situation is the same as if there were During the four marketing seasons 1945- ferred upon him under the act, so as to no regulation in effect and the matter 46 to 1948-49, however, when imports establish and maintain such orderly of regulation was being considered origi were substantially less, the reverse was conditions with respect to the particular nally on its merits. It could hardly be commodity as will establish and main argued that there could not properly be true when such production averaged ap tain parity prices to the producers of that Federal regulation in the latter event. proximately 26,800 tons, or about 3,700 commodity. Also, the consumer interest It seems clear that the provisions in tons more than the average annual ap in that connection is required to be pro section 22 and the other provisions in parent domestic consumption of ap tected from the standpoints of not per the act referred to above are cooidinate proximately 23,100 tons for that period. mitting too rapid an increase in the parts of a single plan for raising farm The decline in the domestic merchanta- prices to producers and of not operating prices to parity levels. In other words, No. 194----- 2 6430 PROPOSED RULE MAKING if the effectiveness of a Federal market offering of such substandard quality fruits. The subject definition distin ing agreement and order program is items for sale to the trade, at price dis guishes dried figs in their natural con being militated against by reason of counts, would depress the prices and dition form from processed dried figs. large imports of the commodity which value of that portion of the domestic This distinction is necessary in the qual is being regulated, the provisions of sec dried fig production which is of mer ity and volume control provisions of the tion 22 provide a potential means by chantable quality. Moreover, it obvi order. which the disruption of effectiveness ously would not be in the interest of The term “processed dried figs” should may be obviated, or at least alleviated. users and consumers to permit the dis be defined to identify all dried figs which To hold otherwise would mean that the tribution to them for use as human food, have been cleaned, or treated with, water authorized regulation of a commodity of low quality dried figs, or sliced dried or steam, or otherwise treated in prepa for the benefit of the producers might figs or fig paste prepared from such dried ration for market by a handler, except be impracticable in any instance where figs. On the other hand, industry ex that this term should not include dried an appreciable volume of the particular perience has demonstrated that pro figs at the time they are cleaned b y a commodity is available for import. Such hibiting the marketing in such channels producer in the course of preparing a result could not reasonably have been of such substandard quality fruit stimu them for delivery to a producer or han intended by the Congress. x lates the demand for and enhances the dler. It is necessary to distinguish b e The proponents have admitted frankly value of that portion of the production tween processed dried figs and natural that one reason for their desiring the which is of merchantable quality, in condition dried figs by definition for the order is so that the dried fig industry will creases consumer satisfaction by keep purposes of the regulatory provisions of be eligible to seek limitations on imports ing out of the markets dried figs and the order. The processing by handlers pursuant to section 22 and have indi products thereof unacceptable to the of natural condition dried figs includes cated that it is their intent to seek such public, and augments total returns to cleaning the dried figs with hot water or relief after the proposed order is put producers from their total production of any other cleaning material or method, into effect, if the then existing condi dried figs. The order is designed to and their treatment with hot water or tions warrant such action. However, the accomplish these purposes. steam. In preparing dried figs for mar proponents understand that the making In view of all of the foregoing discus ket, handlers also package them for of the order effective would be no assur sion relating to material issue numbered shipment in consumer cartons or b u lk ance that they would be successful in (2), it is concluded that the order is packs, or slice them for packaging and obtaining such limitations. Neverthe needed to accomplish the declared ob shipment as sliced dried figs, or convert less, as indicated above, it is necessary, jectives of the act. them by grinding or by slicing and that the order be made effective for the (3) (a) The definition of “Secretary"grinding into fig paste for packaging and proponents to be eligible to seek such should include not only the Secretary of shipment as such. The term “processed relief. Agriculture of the United States, the dried figs,” therefore, not only should be However, eligibility for filing applica official charged by law with the respon considered as including whole dried figs tion for relief pursuant to provisions of sibility for programs of this nature, but processed by handlers, but also sliced section 22 of the act is only one of the also, in order to recognize the fact that dried figs and fig paste prepared by reasons which has been advanced as to it is physically impossible for him to them. Since many producers clean why an order should be issued in this perform personally all functions and their natural condition dried figs b y instance. For reasons stated heretofore, duties vested in him by law, any other washing them in water, such dried figs it is believed that the order and the officer or employee of the United States should be specifically excluded from the State program operating together in a Department of Agriculture who is, or subject definition. complementary relationship would con who may hereafter be, authorized to act The term “dried figs” should be de stitute a more desirable program struc in his stead. fined to mean all natural condition dried ture than would the State program oper The definition of “act” provides the figs and all processed dried figs produced ating alone. correct legal citations for the statute in California. The term is referred to The proponents have indicated that pursuant to which orders of this nature and used in those order provisions where the dried fig industry is willing to share are operated, and avoids the need for it is unnecessary to distinguish between the domestic market with foreign pro referring to these citations thereafter. natural condition and processed dried ducers to the extent that imports are The definition of “person” follows the figs. necessary to supplement the California definition of that term as set forth in The area specified in the subject defi production in fulfilling the domestic de the act, and will insure that it will have nition should be the State of California. mand, provided that such imports will the same meaning as it has in the act. There are no differences in the produc permit domestic producers to receive fair The term “natural condition dried tion and marketing of dried figs in the and reasonable prices. This is believed figs” should be defined to mean all figs various portions of that State which to be a reasonable position and not con produced in California which have been trary to the public interest. For reasons would require different terms for sub dried, either by sun-drying or artificial divisions of the production area. Al stated heretofore, imports of dried figs dehydration, to the extent necessary to and fig paste into the United States, though commercial production of dried inhibit rapid spoilage by fermentation, figs in the United States is confined to however, have adversely affected prices mold, souring or like cause, and which to domestic producers and such prices California and is concentrated princi have not been processed. The term de pally in the central portion of the State, have been less than fair and reasonable. scribes the condition of dried figs at the Such a situation is not in the public in it would not be practicable to limit the time they are delivered to handlers by production area to a part of California, terest. Attention is invited to sections producers and is well understood in the 1 and 2 of the act in regard to Congres since handlers could operate in the ex industry. Usually the task of drying figs cluded portion and escape regulation. sional policy with respect to the public is performed either by the grower in his interest. Also, figs or dried figs could be produced own dry yard or in the dry yard of a in most of the countries not now produc In the interest of both producers and neighbor or by a commercial dry consumers, dried figs of substandard ing them in commercial quantities. In yard operator. About two-thirds of the view of the foregoing, it is concluded that quality, and sliced dried figs and fig dried figs in California are produced by paste prepared from such dried figs, the State of California constitutes the sun-drying figs and about one-third by smallest regional production area which should be kept out of regular commercial the application of artificial heat to figs. trade channels for use as human food. is practicable for coverage by the order, Reduction of the moisture content of consistently with carrying out the de Due to the fact that dried figs are par figs to approximately 16 to 18 percent ticularly susceptible to major quality de clared policy of the act, and the issuance is considered sufficient to inhibit rapid of several orders applicable to subdivi fects and in view of the difficulties and spoilage by fermentation, mold, souring cost of controlling them, a substantial or like cause, and to permit delivery of sions of the production area would not portion of the domestic production is of them to the packing plants as natural carry out the declared policy of the act substandard quality. Competition in condition dried figs. In their dried state, effectively. the marketing of dried figs, sliced dried figs are considered more perishable than The term “variety” should be defined figs and fig paste is based to a consider other dried fruits and consequently re to mean any one of the following kinds: able extent on the price factor and the quire more care than do other dried Kadota, Calimyrna, Black Mission, Adri- Wednesday, October 6, 1954 FEDERAL REGISTER 6431 atic, or any kind or strain similar or re either to the storing handler or to dried and prepared for delivery for his lated thereto. The need 'for defining another handler. This practice has been account by a dry yard operator or de the term arises from order provisions in effect under the State program for a hydrator, the grower should be consid which would permit quality regulation number of years and has been found ered as the producer of the natural con and volume regulation by variety. Hear generally satisfactory to both producers dition dried figs, since he caused them ing testimony discloses that this defini and handlers. It is now apparently an to be produced for delivery to a handler. tion covers all varieties of figs now established custom of the industry. Dry yard operators and dehydrators may produced in California for drying com The term “acquire” also should in convert figs of their own production as mercially, and that a long period of time clude the situation where a handler re well as figs which they have purchased probably will elapse before any new ceives on his processing premises natu from growers into natural condition variety will be developed and produced ral condition dried figs of which lie is dried figs and deliver them to handlers, for market as dried figs. the producer and acquires such fruit in which case they should be considered The term “acquire” should mean to when it is found to meet the prescribed as producers with respect to all such obtain physical possession by purchase, minimum quality standards. Other natural condition dried figs. If a dry storage arrangement, or otherwise, of wise, a portion of the dried figs handled yard operator should buy or receive natu natural condition dried figs as the first in the area would not be covered. ral condition dried figs and dry, cure, handler thereof. The significance of The preceding examples may not in sort, or prepare them for delivery to a this definition must be considered in re clude all situations to which the subject handler, the dry yard operator should be lation to the definition of “handler” and term may apply. For the purpose of considered a producer. the order provisions dealing with quality obtaining necessary regulatory control The term “handler” should be defined control and volume regulation. One, but under the order of the handling of natu to identify those persons who would be not the only way, for a person to become ral condition dried figs at a particular regulated by the order. The term a handler would be for him to acquire point in the market channel, it is con should include any person not spe natural condition dried figs as the first cluded, however, that the term should cifically excluded who acquires natural handler thereof. The term “acquire” apply in every case where physical pos condition dried figs, processes, packages, should be limited in its application to session of natural condition dried figs is sells, consigns, transports, ships, or in first handlers because certain regulatory obtained by a handler on his processing any other way places dried figs in the provisions of the order need to be applied premises as the first handler thereof current of commerce, whatever may be at a particular point-in the marketing and the fruit upon inspection meets the the ultimate destination or end use of the channel and only once to the handling minimum standards of quality then in dried figs. It is customary for producers of acquisitions of natural condition dried effect under the order. In this regard, to sell and deliver their natural condi figs. The order provisions relating to physical possession of the fruit is the tion dried figs to persons who have the quality control would specifically pro important criterion. The handler may facilities for performing such functions. hibit a handler from acquiring natural or may not own the fruit. Application of the order restrictions to condition dried figs unless they meet The term “producer” should be de those persons would be in accordance prescribed minimum quality standards. fined to mean any person engaged in a with the act and would facilitate admin The term “acquire”, therefore, should proprietary capacity in the business of istration of and compliance with the have a limited meaning in the sense that producing or causing to be produced for order. The performance of any one or a handler could acquire only natural market natural condition dried figs as more of the listed functions by any condition dried figs which meet such defined in the order and should include person, other than those specifically ex standards. He could not acquire sub a dry yard operator and any other per cepted, should make that person a han standard natural condition dried figs. son who buys or receives figs, dried or dler in order to control the handling of Moreover, volume percentages would be otherwise, for the purpose of drying, all dried figs and to prevent circumven applied to natural condition dried figs curing, sorting, or otherwise preparing tion of the order restrictions. acquired by a handler, or, in other words, natural condition dried figs for his own A common or contract carrier of dried only to such fruit tendered to him which account. This definition is similar to figs owned by another person should not meets such minimum quality standards. the one used in the State program, under be considered as the handler of such A handler may obtain physical posses which primary certificates are issued to fruit, because the carrier has no pro sion of natural condition dried figs as producers to identify them. A definition prietary interest in the fruit and trans the first handler thereof in a number of of the term is necessary for reasons such ports it for hire. ways, the most common one being by as the need to determine the persons eli The sale or delivery of natural condi purchase and delivery from producers. gible to vote for nominees for producer tion dried figs by a producer to another Occasionally a handler will obtain members and alternate members of the producer or to a handler within the State physical possession on his processing administrative committee. The evidence of California, or the receipt or acquisi premises of natural condition dried figs shows that the term should be limited to tion of natural condition dried figs by a from a producer under a storage ar those persons who have an ownership or producer from another producer need rangement whereunder the handler proprietary interest in the production of not be considered as handler functions stores the fruit for the producer’s ac natural condition dried figs. That is, it under the order. However, the sale or count. The term “acquire” should in should not include laborers, or others delivery of dried figs by a producer to clude this situation because the provi who perform work for a fee or for hire persons who are not producers or han sions of the order prevent the producer in converting figs into natural condition dlers within the State of California are from regaining physical possession of dried figs. Evidence further discloses handler functions which are subject to such fruft. The handler would be per that an average of about 87 percent of regulation, and any producer perform mitted initially to obtain such physical the fig production in California is used ing such functions should be subject to possession of the fruit only if it were for drying and the remainder is canned regulation with respect to the dried figs inspected and found to meet the pre \Or shipped for consumption as figs. so handled the same as any other scribed minimum standards of quality. Inasmuch as the order would regulate handler. He would be prohibited by the provisions the handling of dried figs and not figs, The term “handler” should exclude of the order from réturning the fruit in the dried fig industry desires that only any person when he engages in the fur volved in the storage arrangement to the persons actually producing or causing to ther handling of processed dried figs producer in order to prevent the pro be produced natural condition dried figs which have previously been inspected ducer from commingling the merchant for delivery to handlers be considered as and certified as processed dried figs pur able quality fruit with substandard dried producers for order purposes. For ex suant to the provisions of the order and fig§ for the purpose of making the com ample, if a grower sold his production of which have been shipped or otherwise mingled lot meet the prescribed mini figs outright to a canner or to a dry yard finally disposed of by a handler. This mum quality standards. Although the operator or dehydrator, the grower exception should be made because once Producer could not regain physical pos should not be considered a producer but the restrictions of the order are complied session of the natural condition dried the dry yard operator or the dehydrator with by a handler, it would be imprac figs, it was testified that his freedom should be so considered if he converted ticable to apply them again to persons would not be restricted in selling his the figs into natural condition dried figs such as wholesalers, manufacturers, re fruit under the storage arrangement for market. If a grower has his figs tailers, and other subsequent receivers 6432 PROPOSED RULE MAKING of dried figs. The exception does not minimum of 10 members, of whom five and alternates, except for the eleventh mean, however, that there can not be should represent producers and five member, to serve in their respective posi more than one handler with respect to should represent handlers. Alternate tions on the committee during the term the same dried figs. For example, one members should be provided to act in of office for which they are selected and handler may acquire a lot of natural the place and stead of such members. until their successors are selected and condition figs from a producer, satisfy Provision also should be made for an qualify. This provision would assure the incoming inspection requirements of eleventh member position on the com continuous functioning of the commit the order with respect to it, and sell and mittee, the occupancy of which would tee. The term of office of the eleventh transfer that lot to another person who be optional, depending on whether the member, however, should expire each would also become a handler as to such committee nominates and the Secretary year in any event on May 31 in accord lot by processing, selling and shipping it. selects a person to fill it, who need not ance with the wishes of the proponents, In that case the second handler would be a producer or a handler. The elev and so that, after that date, the new be required to meet the outgoing inspec enth member, if any, should be a person committee could choose the eleventh tion requirements of the order. In every competent to serve as chairman. No member. instance, handling operations, insofar as alternate member needs to be provided The Secretary should select the suc order coverage is concerned, would cease for the eleventh member, because it is cessor members and their respective al upon disposition preceded by outgoing contemplated by the proponents that ternates for the producer and handler inspection and certification. should there be such an eleventh mem groups from the nominations submitted For the purposes of the order, it would ber as chairman of the committee, the for that purpose by those groups, or be unnecessary to regulate any person vice-chairman (either a producer or a from among other eligible persons. The with respect to particular dried figs when handler) would act in the absence of Secretary thus would have the benefit he is engaged in manufacturing by the chairman. of the industry’s recommendations with products therefrom, such as non-edible Such a committee would be large respect to the committee’s membership, syrups and animal feed products which enough to provide representation to all and he could exercise his discretion re are not used for human consumption, or segments of the industry. At the same garding the selection of eligible persons when he is engaged in converting them time, it would be of such size that it other than those nominated on the basis into distilled spirits. Therefore, any such could operate effectively and efficiently. of the representation provided in the person should not be considered as a The foregoing division of members be order. However, the Secretary should handler with respect to those dried figs. tween producers and handlers is in con either select or decline to select the per It is expected that the substandard formity with the wishes of the dried fig son nominated by the committee for the pool will be operated under the State industry. Industry experience indicates eleventh member position, but he should program. In order to obviate any ques that such a committee of 10 or 11 mem not fill it with some other person. The tion in this regard, the definition of bers would be satisfactory. In this re proponents wish assurance by means of “handler” should exclude the State of gard, the committee’s composition would order provisions that the important California, the Dried Fig Advisory Board be identical with that of the Dried Fig eleventh member position will not be oc and its agents and such persons as may Advisory Board under the State program cupied by a person undesirable to the obtain dried figs from them in carrying and the same persons could serve on committee. It is reasonable to grant out the functions of the State program. both the Board and the committee. This this request. With the exceptions • stated and for arrangement is desirable in that the Each producer member and alternate the reasons given heretofore, any per order and the State program would com producer member of the committee sons performing with respect to dried plement each other and the administra should be during his term of office a figs any one or more of the functions tion of both programs by thè same per producer in the district from which he specified in the definition of “handler” sons should result in proper coordination is appointed and the major portion of should be considered as such under the of the two programs. his income from or interest in the dried order. It follows, therefore, that the The initial producer and handler fig industry should be as a producer. term “handle” should be defined to mean members of the committee and their re Each handler member and alternate the performance of any one or more of spective alternates should be the same handler member of the committee the functions of a handler. as the producer and handler members should be either a handler of dried figs The term “crop year” should be de of the Dried Fig Advisory Board for the or an employee or agent of a handler of fined to mean the 12-month period be State program, who are serving in such .dried figs actually engaged in the ginning August 1 of any year and ending capacities at the effective time of the handling of dried figs while he is such July 31 of the following year. Industry order, including the eleventh member member or alternate member, and experience has demonstrated that this of such Board if there be such a member. whose primary interest in the dried fig period most accurately describes the 12 Such persons have had experience in industry is that of a handler. These months in which dried figs are annually the administration of dried fig market provisions are necessary to establish the produced and marketed. Since the ing programs and are qualified to serve eligibility of producers and handlers to order may not, in any event, become ef on the committee. The designation of serve on the committee and to insure fective by August 1, 1954, the first crop the initial committee members in the that the committee at all times will be year should begin on the date when the order would permit the committee to truly representative of producers and order is made effective, assuming that become operative as soon as the order is handlers, respectively. Since a number the order is issued. made effective and the persons so desig of handlers, are corporations, they The term “part” should be defined to nated file written acceptances with the would be excluded from representation mean the order regulating the handling Secretary. unless employees or agents of. handlers of dried figs produced in California, and Terms of office should be provided for are authorized to serve as members on all rules, regulations, and supplementary the committee’s initial and successor the committee. orders issued thereunder. The order members and alternates so that the in The production area should be divided regulating the handling of dried figs pro dustry would have the opportunity, into the two districts described in the duced in California should be a “sub within relatively short periods of time,* order for the purpose of establishing part”, which is a subdivision of such to indicate whether it desires to change equitable producer representation on the part. The rules, regulations, and sup the membership of the committee. Evi committee by districts based on the rela plementary orders also would be sub dence shows that terms ending May 31 tive production of dried figs in each dis parts of that part. The use of such of each year would serve that purpose trict. Producers in District No. 1, in terms having those meanings is in con and permit the new committee member which approximately two-fifths of the formance with the requirements Of the ship to develop regulatory plans prior to area’s dried figs are produced, should be Federal Register Division for orders of the beginning of the ensuing crop year. represented on the committee by two this nature. As appointment of the new committee producer members and their alternates. (b) An agency should be established members and alternates may not always Producers in District No. 2, in which the to administer the order and designated be made in time for them to take office remainder of the dried figs in the pro as the' “Dried Fig Administrative Com immediately upon the expiration of the duction area are produced, should be mittee” to reflect its administrative term of office of the existing committee, represented on the committee by three character. It should be composed of a provision should be made for members producer members and their alternates. Wednesday, October 6, 1954 FEDERAL REGISTER 6433 These provisions for producer represen or the voting basis to be followed by the chairman of the committee would be tation on the committee by districts are handlers in electing nominees for the important to the welfare of the dried fig the same as those for the Dried Pig Ad handler positions on the committee be industry. Therefore, it is deemed ad-' visory Board under the State program cause experience under the State pro Visable for the chairman to be a member and experience has demonstrated them gram has demonstrated that they have of the committee. The provision which to be satisfactory. In order to main agreed on and elected nominees repre authorizes committee employees to be tain equitable producer representation sentative of all handlers without the officers of the committee would permit on the committee based on production prescribing of such terms. Handlers employees to perform services and take and to preclude the need for amending prefer that terms not be prescribed. It care of details which otherwise might the order to accomplish this purpose, the was testified that only ten handlers are require an undue amount of time and order should provide that the districts operating in the industry. In view of attention of committee members. For described therein may be changed by this, it should not be difficult for them reasons stated heretofore, whenever the recommendation of the committee and to agree among themselves on nominees committee has an eleventh member, he approval of the Secretary. who would provide equitable representa should act as chairman of the commit A procedure for the election by pro tion of all handlers on the committee, tee. ducers of nominees for successor mem particularly because they would be so Not less than seven members, includ bers and alternate members of the com represented by five members and five ing alternate members acting in the mittee should be prescribed in the order alternate members. place and stead of members, should con to assist the Secretary in his selection of In the event nominations for any po stitute a quorum of the committee. This such membership. Such nominations sitions on the committee, except that requirement would insure that commit should be made at a meeting or meetings of the eleventh member, are not received tee actions would be taken by a more of producers called by the committee by May 5, the Secretary should be au fully representative committee than if prior to May 1 in each of the. two districts thorized to select such members and a quorum consisted of a simple majority of the production area. By having the their alternates without regard to nomi of six. nomination meetings not later than May nations. This provision should afford Except as otherwise stated in the seer 1 of each year, the committee should adequate time after the elections to sub ond succeeding sentence, no action be in a position to submit nomination mit the nominations to the Secretary. should be taken by the committee, in lists to the Secretary in time for him to Any such selection by the Secretary cluding the nomination of an eleventh select the producer members of the new should, of course, be on the applicable member, unless a quorum is present and Committee and their respective alter basis of representation provided in the a concurring vote of not less than three nates prior to the expiration of the order. The circumstances are such that producer members and three handler terms of office of the existing committee. these requirements should not apply to members, or alternate members acting in Each producer should be limited, at the eleventh member position. the place and stead of members, is ob nomination meetings, to casting one vote Each person selected by the Secretary tained. By requiring that all committee for each producer member position and as a committee member or alternate actions, except the establishment of vol one vote for each alternate member po should, prior to serving on the commit ume regulation, be considered by at least sition in the district in which he pro tee, qualify by filing with the Secretary seven of its membership and approved duces dried figs. Voting on this basis, a written acceptance of his willingness by at least a majority of both producer rather than on the basis of relative ton and intention to serve in such capacity. members and handler members, the nages produced, is in accordance with This requirement is necessary so that foregoing provision would contribute the usual procedure in producer elec the Secretary will know whether the toward the avoidance of possible domi tions. So that the nominees would be selectee will serve and so that appropri nation of the committee by any partic representative of producers who are ate action to fill the position can be ular group. However, because volume sufficiently interested in order operations taken promptly by the industry or Sec regulation would be of vital importance to attend the nomination méetings, only retary if the selectee does not qualify. to the industry, any committee recom producers who are personally present at Such acceptance should be filed within mendation to establish it should require such nomination meetings should be per 15 days after the notification of the ap the concurring vote of not less than four mitted to vote for nominees. Although pointment so that the keeping of the producer members and four handler some producers produce dried figs in both committee’s membership whole will not members, or alternate members acting in districts, each producer should be per be delayed unduly. Appropriate pro the place and stead of members. Al mitted to vote only in one district (as he vision. should be made for filling of though no restriction would be placed may choose) and only for the nominees vacancies on the committee, and the on the voting by the eleventh member to be selected in that district, so that his procedure followed should be that pre chairman with respect to committee ac voting will not be given undue weight in scribed for the nomination and selection tions, his vote, if he were not a producer the elections. of previous incumbents of the vacant or a handler, would not be decisive in The order should provide that handler positions, insofar as practicable. affecting actions of the committee in representation on the committee may be Members of the committee and alter view of the foregoing requirements as without regard to the districts of the nate members when acting for members to voting. production area, but, insofar as may be should serve without compensation but The committee’s duties, as set forth practical, should be representative of should be allowed their necessary ex in the order, are necessary for the dis handlers generally. The committee penses as approved by the committee. charge of its responsibilities. These should cause to be held each year prior Experience has shown that producers duties are generally similar to those spe to May 1, a meeting or meetings of han and handlers give freely of their time cified for administrative agencies under dlers for the purpose of obtaining nomi for the benefit of the industry, and, other programs of this character. It is nations of persons to serve as handler therefore, would serve on the committee intended that any activities undertaken members and alternate members of the without compensation. However, it is by the committee will be confined to committee. Such meeting or meetings deemed only fair that they should be those which are reasonably necessary to should be held prior to May 1 of each made whole by the committee for ex carry out its responsibilities as prescribed year for the same reason as heretofore penses incurred in rendering such in the order. It should be recognized stated in regard to the producer nomi service. that these specified duties are not neces nation meetings. It would be inadvis The committee should be given those sarily all inclusive in that it may de able to require that handler representa specific powers which are set forth in velop that there are other duties which tion on the committee be by districts section 8c (7) (C) of the act. Such the committee may need to perform. because handlers either do or are free powers/ are necessary to enable an ad Other provisions relating to the estab to operate in both districts. Handler ministrative agency of this character to lishment and operation of the commit representation on the committee would function. tee are set -forth in the order. The provide their handling and marketing The committee should select a chair need for these provisions is believed to experience and information for use by man from among its members and such be obvious and discussion of them un the committee in its deliberations and other officers as may be appropriate necessary. decisions. It is unnecessary to pre- from its membership or employees. (c) The committee should hold a scribe in the order a detailed proceduré Substantial fulfillment of the duties of meeting in advance of each crop year to 6434 PROPOSED RULE MAKING formulate and adopt a marketing policy could evaluate the basis for the com expense of the value of the latter. The for the regulation of the handling of mittee’s action in that respect. çutgoing quality regulations also would dried figs during such crop year, and The committee should give reasonable serve to minimize the quantity of dried should prepare and submit to the Secre publicity promptly to producers and figs and products seized in trade chan tary a report thereon. The policy so handlers of the contents of each market nels by the United States Pood and Drug established would serve to inform, in ad ing policy report submitted to the Secre Administration. vance of the particular crop year, pro tary and of each report ^modifying or It is estimated that the combined ducers and handlers of the committee’s changing such policy. Such publicity operation of the incoming and outgoing plans for regulation for that year and may be given through newspapers hav quality regulations would accomplish the basis therefor. They then could ing general circulation in the production the diversion from human food channels plan their operations accordingly. The area or through other channels, but the of an average of about 25 percent of the formulation of such policy would be use committee should be able to use any or annual production. ful to the committee in making specific all of such media. Copies of all such The proposed initial minimum grade recommendations to the Secretary of reports should be maintained in the standards applicable to handlers’ re proposed quality or volume regulations. offices of the committee where they ceipts of natural condition dried figs, as The committee’s marketing policy report should be available for examination by set forth in the notice of hearings, pre would be helpful to the Secretary in de producers and handlers. Those persons scribed a tolerance allowance for total termining upon the regulation of the would be vitally concerned relative to defects (insect infested, moldy, Sour, handling of dried figs. the marketing policy decisions of the filthy and worthless dried figs) of not ta In developing its marketing policy, the committee and, therefore, the relevant exceed 25 percent', including a maxi committee should give consideration to information should be available to them. mum tolerance of 10 percent for insect the supply of and demand for dried figs, (d) Quality regulations should be apinfested dried figs. These are the same other factors set forth in the marketing plied to the handling of dried figs for the tolerances which were in effect under policy provisions of the order, and any reasons and purposes stated in the fore the State program during the 1953-54 other information, such as prospective going discussion of issue numbered (2). marketing season. On August 3, 1954, imports of dried figs and fig paste into The quality regulations should include the Dried Pig Advisory Board (consist the United States, which would pertain the application of minimum grade ing of five handler members, five pro to the marketing and regulation of the standards to handlers’ receipts of nat ducer members and the eleventh mem handling of dried figs during the ensuing ural condition dried figs and the appli ber chairman) of the State program crop year. Consideration of such factors cation of correlated but more restrictive recommended to the Director of Agri would be essential to the development of minimum grade standards to their ship culture of the State of California that a sound policy. ments or other final dispositions of dried such tolerance allowances be changed It was proposed at the hearing that figs, sliced dried figs, and fig paste. Such to 33 percent and 13 percent, respec § 964.40 (h) of the order, which would receipts and dispositions should be in tively, for the 1954-55 marketing season. require the committee to determine and spected in order to determine whether The Director approved this recom consider in connection with its market they meet the applicable minimum grade mendation and the revised standards ing policy the estimated probable market standards, to ascertain the quality of the became effective on August 11, 1954. requirements for dried figs in foreign fruit on a uniform basis, and to facilitate The Board’s reasoning in recommend commerce, segregated by countries, be the segregation and control of dried figs ing this change was that it would fa changed so that one estimate of the total failing to meet those standards. cilitate the harvesting of figs by pro requirements of foreign countries for The quality regulations contained in ducers, lower their costs, while at the California dried figs would be made by the order with respect to handlers’ re same time making a more abundant the committee instead of estimating such ceipts of natural condition dried figs (in supply of dried figs. The Board also requirements for each country sepa coming quality regulations) would believes that modern processing rately. It is concluded that the order establish a barrier for diverting sub methods would permit handlers to proc should not be so changed because the standard dried figs from the regular ess natural condition dried figs with de committee may-need the more detailed commercial channels of trade, afford fects not exceeding the changed toler estimates in connection with disposition producers and handlers a basis upon ances in such a way as not to reduce the of surplus tonnage pursuant to § 964.58 which to price such receipts according quality of dried figs, sliced dried figs, (c) of the order which provides, in part, to quality, encourage producers to pro and fig paste shipped to the trade. In that the committee may sell surplus ton duce better quality dried figs, prevent this regard, the minimum grade stand nage for export to the extent that the dried figs excessively affected with con ards in the order which are applicable requirements for this outlet were not taminating defects from jeopardizing to handlers’ shipments and other dispo provided for in estimating the salable and increasing the cost of good fruit in sitions would be the same for 1954-55 quantity of dried figs for the particular handlers’ plants, facilitate compliance as they have been under the State pro crop year. with the quality regulations relating to gram and as provided in the notice of The committee should hold its mar handlers’ shipments and other disposi hearing. keting policy meeting not later than July tions, and help safeguard the public The order would provide that the ini 12 and should submit its policy report against the distribution of food unfit for tial incoming grade standards may be to the Secretary not later than July 17, human consumption. superseded by either less or more re except that for the first crop year the The quality regulations contained in strictive standards. It was testified at meeting should be held and the report the order with respect to handlers’ ship the hearing that such flexibility is needed submitted as soon as practicable after ments or other final dispositions of dried to meet varying production conditions the effective time of the order. Except figs, sliced dried figs, and fig paste (out affecting producers and that it would be for the first crop year, these time limita going quality regulations) would provide the committee’s intent to recommend tions should be appropriate! in view of another barrier for diverting from nor such standards as would promote sound industry operations and from the stand mal trade channels substandard dried administration of the order and effectu point of allowing sufficient time for the figs and products unacceptable to users ate the purposes of the act, while at the Secretary to issue regulations to take and consumers. This barrier would be same time permitting producers to oper effect on the handling of dried figs pro another cause of all such diversion in ate most efficiently and economically in duced in the ensuing crop year. the sense that one of the purposes of the harvesting, producing and delivering The committee should be permitted to incoming quality regulations and regu their crops for marketing purposes. It modify or change its marketing policy latory procedures employed prior to the is noted that the present members of so that the policy could give recognition application of the outgoing quality regu the Board who made the recommenda to changing and latest known conditions lations would be to make more certain tion will, in all likelihood, be the initial affecting the marketing of dried figs. A the successful operation of the outgoing members of the committee. Moreover, it report of any such changed marketing quality regulations. These latter regu will not be possible to put the order into policy should be submitted promptly by lations would prevent the entry of such effect until after a considerable portion the committee to the Secretary, along unacceptable dried figs and products of the 1954 production of dried figs has with any information considered by the into a competitive relationship with ac been marketed by producers and han committee in the revision, so that he ceptable dried figs and products at the dlers. It would be inequitable to them if Wednesday, October 6, 1954 FEDERAL REGISTER 6435 the lower incoming minimum grade The order should further provide that each lot of natural condition dried figs standards recently established under the any superseding regulations may be by tendered to him by a producer, and no State program were superseded during variety, shall provide a maximum toler handler should be permitted to acquire the 1954-55 marketing season by more ance for total defects, and may provide such dried figs until he has obtained restrictive standards under the order. a maximum tolerance for single defects from the inspection agency a certificate Since it is intended that the order will or classes of defects. Any superseding that they meet the applicable minimum complement the State program, it would regulations issued by the Secretary grade standards. The handler should not be proper to disrupt operations under should subsequently be modified, sus submit or cause to be submitted to the that program needlessly. In view of the pended or terminated in case he should committee that certificate, together foregoing reasons, it is concluded that find that the pertinent factors and cir with such other instruments and records the initial minimum grade standards cumstances so warrant. as the committee may require. Dried applicable to handlers’ receipts of nat The order should permit the quality figs so certificated as meeting the appli ural condition dried figs which were set of dried figs to be regulated by variety cable requirements should be known and forth in the notice of hearing should be because production and marketing con referred to as “passable dried figs” for changed to provide a tolerance allow ditions may vary according to variety identification purposes. The foregoing ance for total defects of not to exceed and the inherent quality characteristics requirements would enable the separa 33 percent, including a maximum toler of the individual varieties differ to some tion of substandard dried figs from pass ance of 13 percent for insect infested extent. able dried figs, prevent handlers from dried figs. It should be permissible for the in processing and packing substandard The minimum grade standards used in coming initial minimum grade stand dried figs for market, provide the com connection with outgoing quality regu ards to be superseded by either less re mittee with information needed in ad lations should be more restrictive than strictive or more restrictive standards. ministering the order, and, in the event those for incoming quality regulations On the one hand, technological ad of volume regulation, facilitate the con because handlers are able to utilize for vances in production techniques and the trol of the surplus, The cost of inspec human food purposes a portion of the quality characteristics of a particular tion and certification of the passable defective dried figs in passable lots crop may enable producers profitably to dried figs should be borne by the handler acquired from producers, which portion produce dried figs meeting higher in because he would arrange for each in would make a differential in the toler coming grade standards. On the other spection and this cost is normally paid ances for defects as between the two sets hand, technological advances in process by the handler. of standards desirable. For example, ing techniques and improvement in mar With respect to the complementary when handlers slice dried figs, the defec ket demand may permit handlers to relationship contemplated between the tive slices are sorted out and the remain eliminate profitably more of the defects State program and the order, it is in ing slices are sold as sliced dried figs, or, in their acquisitions of dried figs so that tended that, when natural condition after grinding, as fig paste for bakery lower incoming grade standards would dried figs are tendered to a handler on use. Handlers possess the facilities, result in a more abundant supply of his premises, they will at that point pass which producers do not, to perform such dried figs and products thereof of a from the jurisdiction of the State pro operations, and it would be unreasonable quality suitable for human consumption. gram into the jurisdiction of the com and uneconomic to apply the more re However, the order should not permit mittee and remain under that jurisdic strictive grade standards for outgoing the initial outgoing minimum grade tion until they are sampled on the quality regulations to producers’ de standards to be superseded by less re handler’s premises and inspected. If liveries of natural condition dried figs strictive standards, but only by more they are certificated as passable dried to handlers. In view of the circum restrictive standards. Such initial figs, thè handler, pursuant to the order, stances, however, handlers are able to standards are in line with the standards would be permitted to acquire them, sub comply with such standards. The mini of the United States Food and Drug ject to further order controls, for proc mum grade standards specified in Administration and fruit not meeting essing and preparation for market. § 964.90 (Exhibit A) of the order are them wouldT be considered unfit for However, in the event they fail to pass appropriate for use as the initial stand human consumption. Since the require inspection, the dried figs would be re ards for application to handlers’ ship ments of that Administration as to dried jected and released from the jurisdiction ments or final dispositions. The stand figs and products thereof may become of the committee into the jurisdiction of ards are the same as those now in use more stringent in the future, advances the State program as substandard dried under the State program, reflect the reg may be made in production and process figs and they would be controlled as such ulatory standards of the United States ing techniques, and consumers and under the State program. Food and Drug Administration, and bakers may demand better quality dried After receipt of a producer’s tender of would operate to prevent the use for figs and products thereof, the order natural condition dried figs on a han human food of dried figs excessively in should permit the initial outgoing stand dler’s premises, samples would be drawn sect infested, moldy, sour, filthy or ards to be superseded by more restrictive therefrom for inspection purposes and worthless, and also sliced dried figs and standards. a period of time would elapse before the fig paste prepared from such dried figs. So that persons in the industry would inspection results would be available. The standards would provide reasonable be informed of regulatory actions affect These results usually would be available tolerances for such defects because it is ing their operations, the committee within 24 hours after the receipt. It is economically impossible to produce and should give prompt publicity through necessary that each lot of such dried process perfect dried figs in volume. newspapers having general circulation figs tendered to a handler be under the If the committee should later recom in California and should be authorized jurisdiction of the committee from the mend to the Secretary that the initial to give notice through other channels, time of delivery until the inspection re minimum grade standards applicable to if the committee deems it desirable, to sults are available so that the commit handlers’ acquisitions of naturaljcondi- producers and handlers of each recom tee will have the authority to control the tion dried figs or those applicable to mendation with respect to minimum sampling procedures necessary for in standards of quality submitted by it to spection, to require that the fruit be held handlers’ shipments or other final dispo separately and identifiable on the han sitions of dried figs, should be superseded the Secretary and of each superseding by other minimum standards as to regulation relative thereto which is dler’s premises until the inspection is quality, it should submit its recommen issued by the Secretary. Notice of each completed, to prevent handlers from such regulation issued should include, using substandard or uncertificated dation to the Secretary, together with its fruit in their processing operations, and data supporting the recommendation. but not be limited to, writtten notice by to insure the removal of substandard The Secretary should issue such super registered mail to all handlers of whom dried figs from the handler’s premises seding regulation if he should find, upon the committee has a record. Since han when the inspection results are available. the basis of the committee’s recommen dlers must comply with the regulations It is contemplated that the committee dation and supporting data, or from issued, the receipt of notice by each of will issue rules and procedures to attain other pertinent information available to them should be assured. these purposes. him, that to do so would tend to effec Each handler should, at his own ex The order should prohibit any han tuate the declared policy of the act. pense, cause an inspection to be made of dler from returning or transferring to 6436 PROPOSED RULE MAKING any producer, natural condition dried services could be performed satisfactorily value as they can for defective dried figs, figs that have been certificated as pass by this agency. However, the order pieces, sort-outs and unsuitable lots, in able dried figs to preclude the possibility should contain provision for use of an that the handlers would have acquired of the producer commingling substand alternative inspection agency as may be such dried figs for their own accounts in ard dried figs with the passable lot and recommended by the committee and lots certified as passable. Any such dried tendering the blended lot to a handler. designated by the Secretary to perform figs should be disposed of for purposes Such action would be contrary to the puch services, so that, if for any reason, other than for use as human food so that intent of the order that orderly market the inspection services of the Dried Fruit the objectives of the order would not be ing be achieved through improvement of Association ceased to be available, the defeated. The committee should be the quality of dried figs marketed. inspection services required by the order authorized to establish such rules and Except as otherwise indicated below, could be performed. procedures as may be necessary to be the order should prohibit any handler Certain exceptions should be made to sure that such fruit is used only for from shipping or otherwise making final the requirements of the order relating eligible purposes. disposition of natural condition dried to quality controls applicable to han Dried figs however processed (includ figs or of processed dried figs (including dlers’ shipments or other dispositions of ing dried figs, sliced dried figs and fig sliced dried figs and fig paste prepared dried figs. paste) being prepared for export, except from such dried figs) which fail to meet Any handler should be permitted to to Canada, outside of the continental the then applicable minimum grade transfer natural condition dried figs or limits of the United States and its pos standards, either as set forth in § 964.90 processed dried figs from a plant owned sessions and territories should be exempt (Exhibit A) of the order or as subse by him to another plant owned by him from the quality and inspection require quently modified or changed. Each within the State of California and to ments applicable to handlers’ disposi handler should, before shipping or other ship dried figs from his plant to another tions of dried figs. Such provision is in wise making final disposition of dried handler’s plant within that State without accordance with the Federal Food, Drug figs, unless the dried figs are specifically having the dried figs inspected. These and Cosmetic Act, as amended, which excepted from coverage, cause an in transfers should be permitted to mini provides in part that a food intended spection to be made of such dried figs to mize interference with handlers’ nor for export shall not be deemed to be determine whether they meet the then mal operations. Reports of inter-han adulterated or misbranded under the applicable minimum grade standards. dler transfers should be made promptly act if it: (1) Accords to the specifica The handler also should obtain a certifi by the transferring handlers to the com tions of the foreign purchaser, (2) is not cate from the inspection agency that the mittee so that it would be informed of in conflict with the laws of the country fruit meets such standards, and should the quantities of dried figs held by the to which it is intended for export, and submit or cause to be submitted to the respective handlers. The receiving han (3) is labeled on the outside of the committee the certificate, together with dler, however, before shipping or other shipping package to show that it is in such other instruments and records as wise making final disposition of dried tended for export. It was testified that the committee may require. The fore figs, should be required to comply with the legislative history of that act dis going requirements are necessary to as the inspection and quality regulations closes its intention to permit United sure that dried figs, sliced dried figs, fig then in effect so that dried figs and prod States exporters to meet world competi paste shipped to the trade and dried figs ucts thereof of unsuitable quality would tion on the basis of world standards re used in the manufacture of human food not be available in the markets for use lating to food, so long as in doing so, products, will be of a quality satisfactory as human food. United States exports are not in contra for use as human food and otherwise The order should provide that any vention of the laws of the importing achieve the objectives of quality regula defective dried figs which may be ob countries. It was testified further that tion. tained by a handler by removing them dried figs produced in and exported from In conformity with procedures which from his passable dried figs, and any foreign countries are in general of lower the industry has developed in coopera dried figs acquired by a handler which quality than domestic dried figs meeting tion with the United States Food and fail to meet the minimum quality stand the minimum quality standards pre Drug Administration, it is contemplated ards for shipment or final disposition as scribed by the order. Canada should not that inspection will be made of the dried dried figs, may be disposed of or mar be so exempted because it is the major figs being prepared by the handler for keted for disposition as animal feed or ëxport market for California dried figs, shipment as such and of dried figs to as other dried fig products for other than and shipments to Canada are required be converted by him into fig juice or for human consumption. The tolerances to meet the same minimum standards of concentrate. The dried figs or the sliced for defects specified in the minimum quality as apply to domestic shipments. dried figs, whichever the case may be, quality standards applicable to handlers’ Exports of California dried figs to coun used by the handler in the manufacture shipments are more restrictive than tries other than Canada are unimportant of fig paste would be inspected, but if those applicable to handlers’ receipts of from the standpoint of quantity, averag any doubt exists that the fig paste made natural condition dried figs. This dif ing only 159 tons annually during the from a particular variety of dried figs ference by itself would cause diversions four marketing seasons 1949-50 to 1952- meets the quality standards prescribed of quantities of dried figs from regular 53. It is contemplated that rules and for it, a verifying inspection would be commercial trade channels, but probably procedures will be issued pursuant to the made of the paste. Also in the event not in quantities commensurate with the order to insure against misuse or abuse of that a handler permitted an unreasona difference in such tolerances, because the exemption. ble period of time to elapse between in handlers are able to use some of the de Pursuant to section 2 (3) of the act, spection and shipment or other final fective dried figs in preparing sliced dried the provisions of the order relating to disposition, it is expected that the com figs and fig paste for market by sorting minimum standards of quality and in mittee would require the commodity to out the defective pieces after slicing. spection requirements, and any other be reinspected. In some cases the fruit Handlers not only sort out defective provisions of the order necessary for the may fail upon inspection to meet the pieces of sliced dried figs to meet quality administration and enforcement of such outgoing minimum quality standards. requirements for sliced dried figs and fig quality and inspection requirements, In order to administer the outgoing paste but also sort out a portion of the should continue in effect irrespective of quality and inspection requirements defective dried figs in their acquisitions whether the season average price to pro properly, it is expected that the commit to improve their consumer packs. These ducers for dried figs is in excess of the tee will issue rules and procedures to practices should be encouraged. Also, parity level specified in section 2 (1) of cover the situations described in this dried figs prepared by handlers for ship the act. Incorporation in the order of paragraph or other related inspection ment may be rejected upon inspection. authority for quality regulation in an problems which may arise. A portion of the rejected lot may be above-parity situation would assure the It is necessary that an agency be des sorted out so that the remainder will continuity of such regulation. Opera ignated in the order to render the re pass inspection or it may not pay the tion of the incoming and outgoing quired inspection services. The Dried handler to rework the lot for this pur quality regulations would prevent manu Fruit Association of California should be pose. It is only fair and reasonable facturers and consumers from receiving the inspection agency so designated. that handlers be permitted to recover, California dried figs which are exces Testimony was to the effect that those in noncompetitive outlets, such financial sively insect infested, moldy, sour, filthy Wednesday, October 6, 1954 FEDERAL REGISTER 6437 and worthless, and also sliced dried figs committee should submit to the Secre The committee should give reasonable and fig paste prepared from such dried tary along with its recommendation, the advance notice to producers and han figs. In view of the type of defects to be information used as basis for its recom dlers of each meeting to consider any controlled, it is obvious that such opera mendation as assistance to and use by recommendation with respect to volume tion would contribute to the orderly him in taking action on such recom percentages, and each such meeting marketing of dried figs and be in the mendation. The original recommenda should be open to them. Such notice public interest. tion by the committee as to percentages should be given through publicity in As in the case of quality regulation for with respect to any crop year should be newspapers having general circulation a below-parity situation and for the rea filed with the Secretary at the same in the area, and may be given through sons stated in respect thereto, the order time it submits its marketing policy re other channels, if the committee should should permit, for an above-parity situ port so that the volume regulation, if deem it desirable. The committee also ation, the incoming, grade standards to any, can be based on the latest infor should give similar notice to producers be made either less or more restrictive mation available, which will permit it and handlers of all such recommenda and the outgoing grade standards to be to be made effective near the beginning tions submitted to the Secretary. The made more restrictive than those now of the crop year. Secretary should notify the committee set forth in § 964.90 (Exhibit A). Inso Whenever the Secretary should find promptly of each volume percentage far as outgoing quality standards are from the recommendation and support fixed by him. The committee, in turn, concerned, it would be desirable from the ing information supplied by the commit should give prompt notice thereof to standpoint of the public interest, either tee, or from any other available infor producers and handlers, including, but in a below-parity or an above-parity sit mation, that to designate by variety or not necessarily limited to, written notice uation to minimize, as rapidly as im otherwise the percentages of natural by registered mail to each handler of provements in processing techniques will condition dried figs acquired by handlers whom the committee has a record. The permit, the tolerances permitted for the during any crop year which should be foregoing open meeting and notice re defects listed in such standards or to salable tonnage and surplus tonnage, quirements are desirable in that the prescribe limitations on other defects. respectively, would tend to effectuate the committee would have the benefit of the" In any event, the minimum standards declared policy of the act, he should views of different segments of the indus during an above-parity situation should designate such percentages. The act try and the industry would be informed be such that dried figs and products authorizes the Secretary to take such promptly of the committee’s and the thereof acceptable to users and consum action in those circumstances. Secretary’s actions with respect to vol ers would not be withheld from them, A change of the foregoing provision, ume percentages. but all of that which is so acceptable which would substitute the word “and” The salable percentage for any variety would be available to them. To meet for the word “or” in the phrase “or from of dried figs should be such that its ap these objectives in an above-parity situ any other information” was proposed at plication would result in an adequate ation, it is concluded that the matter of the hearing by an attorney representing quantity of that variety which could be consumer acceptance as of that time be handlers of approximately 85 percent of sold in regular commercial trade chan considered by the committee and the the dried fig production and was sup nels at prices which would tend to effec Secretary and appropriate minimum ported by the proponents. The purpose tuate the declared policy of the act. standards should be issued by the Secre of the amendment was to preclude the These outlets would require not only tary for application during such period Secretary from establishing volume dried figs for consumption as dried figs pursuant to section 4 of the Administra regulation in the absence of recommen but also dried figs, sliced dried figs and tive Procedure Act. dation for such regulation by the com fig paste for manufacturing purposes. (e) For the reasons stated in the dismittee, but not to preclude the Secretary The salable tonnage should not be a cussion of the issue numbered (2), the from designating different volume per quantity so small as to result in a scar order should provide the means for re centages from those recommended by city of dried figs and inflationary prices, stricting, when it is desirable to do so, the committee or prevent him from de nor should it be an excessive quantity the supply of passable dried figs made clining to establish any volume percent which would create depressed prices. available for disposition in regular com ages recommended by the committee. It The surplus percentage for any variety mercial trade channels and for the con is considered that such a change would of dried figs should result in the quantity trol and disposition of surplus dried figs. constitute an undue restriction of the of that variety representing the remain If the committee should conclude that Secretary’s duty and responsibility under der of that year’s production of passable the supply and demand for any variety the act in this regard, and, therefore, dried figs acquired by handlers. If the or varieties of passable dried figs make that the change should not be made. salable tonnage should prove to be in it advisable to designate the percentages If the committee should deem it desir sufficient to fulfill the aforesaid com of such dried figs acquired by handlers able to modify, suspend, or terminate mercial requirements, either due to in any crop year which should be salable any designation by the Secretary of sal overestimation of the supply of that va and which should be surplus, it should able and surplus percentages, it should riety or underestimation of the demand recommend such percentages to the submit to him its recommendation in therefor, the surplus tonnage should be Secretary. 'Since a handler would not that-regard together with the informa used to the extent necessary for correc be permitted under the order to “ac tion supporting its recommendation. If tion of the deficiency, and the balance of quire” substandard natural condition the Secretary should find from such the surplus tonnage should be disposed dried figs, the volume percentages recommendation and supporting infor of by the committee in a manner which should be applied only to those natural mation, or from any other available could not affect the price stability of the condition dried figs which meet the salable tonnage. information, that for him to take any Since the committee would have the minimum quality standards prescribed one of such actions would tend to effec Pursuant to the order, or in other words, responsibility for the control and dispo to passable dried figs. Authorization tuate the declared policy of the act, he sition of surplus tonnage, surplus ton for separate salable and surplus per should do so. These provisions should nage acquired by each handler should be centages for each variety of dried figs be included in the order because condi held by him, subject to the applicable is necessary because it may happen that tions, unforeseen at the time of designat restrictions of the order, for the account a surplus of dried figs of one or more ing volume percentages may arise later of the committee. varieties will exist while supplies of in the crop year, which would require, Each handler should hold in storage other varieties will be less than or in for the benefit of the industry, the mod all surplus tonnage acquired by him until balance with market demand. ification, suspension or termination of he has been relieved of that responsi bility by the committee, either by de In view of the effect which volume the volume percentages then in effect. livery to the committee, or otherwise. regulation would have on producer re The authority to modify the volume per It is desirable that the committee utilize turns from dried figs, the committee, in centages, should not be used, however, to the storage facilities of the handlers for making any recommendation to the Sec decrease the salable percentage and to storing surplus tonnage because han retary with respect thereto, should con increase the surplus percentage because dlers are experienced in the storing of sider and analyze the pertinent esti inequities and hardship to producers dried figs, and have adequate facilities mated factors listed in the order. The and handlers would result. and trained personnel for this function. No. 194----- 3 6438 PROPOSED RULE MAKING So as to protect’ the interests of equity from producers might be retarded and Handlers should be compensated for holders in surplus tonnage and at the the effect of the pooling operation un receiving, storing and handling surplus same time not impose unreasonable duly delayed. In order to insure, inso tonnage held by them for the account of storage requirements on handlers, the far as practicable, that a handier who the committee, in accordance with a order should provide that each handler is granted such a deferment will subse schedule of payments established by the store surplus tonnage in such a manner quently satisfy his surplus obligation, committee and approved by the Secre as will maintain the dried figs in the the committee should require that he tary. It is only fair for the committee same condition as when he acquired file with it an appropriate written under to reimburse handlers for services which them, except for normal and natural taking secured by a performance bond. the committee has them perform in car deterioration and shrinkage, standards Since the committee would be in the pro rying out its obligations with respect to for which may-be recommended by the duction area and would be administering the surplus tonnage held for it. Such committee and established by the Secre the order, and prompt action would be reimbursement should, for obvious rea tary, and except for loss through fire, needed on requests for deferment, it is sons, be made by the committee from acts of God, force majeure, or other con concluded that the committee should surplus tonnage sales proceeds. ditions beyond the handler’s control. administer the approving of such bonds. There was set forth in the notice of Since a handler would hold surplus ton In exercising this function, it should de hearing a proposal that the committee nage dried figs subject to the control of termine what sureties, corporate or pri should have the authority, in its discre and disposition by the committee, he vate, are satisfactory for acceptance as tion, to obtain loans, nonrecourse or should deliver any part or all of them to bondsmen. Since any unaccounted for -otherwise, on any part, or all, of the the committee, or to any one designated surplus would presumably be disposed surplus tonnage, and to pledge or hy by it, after reasonable notice from the of as salable tonnage, the amount of pothecate the dried figs on which such committee to do so. Inasmuch as it such a bond should be computed on the loans are obtained as security therefor: would be the responsibility of the com basis of the then current market value Provided, That, in every such case, there mittee to make arrangements for trans of natural condition dried figs, as de is included in the loan agreement a pro fers of surplus tonnage, such delivery termined by the committee, for the vision to the effect that, in case the should be considered as having been quantity for which the deferment is lender should obtain possession or con made when the handler makes the dried granted. Inasmuch as this matter trol of such dried figs, he would not dis figs available to the committee at his would be under the supervision and con pose of them in any manner contrary to warehouse or at such other place as they trol of the committee, each such bond the order provisions for the disposal of may be stored by the handler. It may should run in favor of the committee. surplus dried figs. Also, that the net be necessary for the committee to dis In addition, however, the Secretary also proceeds of any such loan should be dis pose of surplus tonnage either as natural should be included as an obligee, be tributed by the committee to the respec condition dried figs or as processed dried cause, under the act, any suits in that tive producers, or their successors in figs, or in both forms. Therefore, the regard would need to be brought, upon interest, on the basis of the volume of committee should be authorized to re the request of the Secretary, by the ap their respective contributions to the quire that the delivery of surplus ton propriate district attorney of the United pooled dried figs of each variety on which nage by a handler consist of natural States in the appropriate Federal court. the loan is obtained. It is concluded that condition dried figs, or to arrange for Since any deferment granted to a han the committee should be given authority the delivery to consist of processed dried dler would be for his benefit, he should to obtain loans in connection with sur figs. bear the cost of the performance bond. plus dried figs under the modified terms It should be required that each han Any sums collected through default of a and conditions which are specified dler have in his possession, or under his handler on his bond should, after reim below. control, at all times, a quantity of dried bursement of the committee for any ex This authority is needed to enable figs, by variety, equal to the quantity of penses incurred by it in effecting collec payments of net funds to producers in surplus tonnage referable to his acqui tion, be deposited with the proceeds from connection with the surplus portions of sitions of dried figs of that variety less the disposition of surplus tonnage for their deliveries of dried figs earlier in any quantity of such surplus tonnage disbursement to equity holders thereof. the crop year than would otherwise be delivered by him pursuant to instructions This procedure is justifiable since sur practicable. Experience under other of the committee and any quantity of plus tonnage not set aside and sold by programs of this nature has demon such tonnage acquired by him but subse the handler in salable tonnage outlets strated that, in the absence of such bor quently sold to him by the committee. would displace salable tonnage of pro rowing authority, it has not been prac This provision is needed to insure that ducers and they would be entitled to ticable generally to make any appreciable a handler will have on hand at all times compensation therefor. distribution of the net pool proceeds a sufficient quantity of surplus to meet Sin-plus tonnage delivered by any han until the latter half of the particular his then current obligations. dler to the committee, whether in the 12-month period and such payments The committee should have the au form of natural condition dried figs or may not normally be made in full until thority to defer the fulfilling by a han processed dried figs, should meet the after such period has elapsed. On the dler of his surplus tonnage obligation for applicable minimum quality standards other hand, borrowing authorization has a specified period ending not later than provided in § 964.50 or § 964.51 of the been incorporated in the regulatory pro December 15 of the particular crop year, order, unless otherwise specified by the grams of this nature in regard to two if the handler meets such reasonable committee. This provision is necessary other commodities which are produced terms and conditions as are prescribed to protect the sales value of the surplus in California, and experience under one by the committee including, but not lim tonnage and equity holders’ interests of the programs has demonstrated that ited to, the giving of a performance bond. therein. Since the quality of dried figs it has facilitated the making of such Deferment of the meeting of such ob acceptable in the different outlets for payments earlier and for relatively ligation may be advisable because the surplus tonnage may vary, the commit larger amounts. In these circumstances, setting aside and holding of appreciable tee should have the authority to prescribe it seems clear that the inclusion of a quantities of dried figs from early season for surplus tonnage higher or lower min borrowing authorization in the regula deliveries might retard the movement of imum, quality standards than those pro tory provisions would be desirable. dried figs into regular commercial trade vided in the order, or to waive them. However, insofar as the specific pro channels, and thus reduce the total Inasmuch as the quality characteristics, posal is concerned, the witness for the quantity which would ultimately move uses and rates of normal and natural proponents agreed at the hearing that: in such channels. Fulfillment of a han deterioration vary for the different a lender who acquired surplus dried figs dler’s surplus tonnage obligation should varieties of dried figs, the committee as a result of a default on a loan for not be deferred beyond December 15 be should be authorized to establish differ which they were pledged as security for cause a handler would have had the ent minimum quality standards for indi repayment would not qualify as a han opportunity by that time to supply the vidual varieties delivered from the sur dler of those figs, and hence there is largest market demand for dried figs, plus tonnage. It is expected, of course, considerable doubt whether such a which usually occurs during the first that the committee will operate these lender would be liable criminally for a four or five months of the crop year, provisions so as to achieve equity among violation of the regulatory provisions in and because procurement of dried figs all handlers. case he should dispose of the surplus Wednesday, October 6, 1954 FEDERAL REGISTER 6439 dried figs in normal market, as opposed the issuance of the aforesaid further ingly, if the committee offers surplus to authorized surplus, outlets; insofar as amended regulation with respect to tonnage dried figs to handlers for any disposition in authorized surplus outlets dried prunes. one of the foregoing purposes in con is concerned, it is not intended that the The other previous loan authorization nection with paragraphs (b), (c), (d) or lender would be permitted, in any event, in connection with a California com (h) of § 964.58 of the order, each han to dispose of such surplus in any except modity is contained in § 989.66 (g) of dler should, insofar as practicable, be possibly the lowest priced of those out the marketing agreement and order given the first opportunity to purchase lets, such as for cattle feed, and a loan regulating the handling of raisins pro or process or pack, whichever the case on such a basis of valuation would not duced from raisin variety grapes grown may be, his share of the offer, which provide sufficient money; a practicable in California (7 CFR Part 989), which share should be determined as the same alternative method would be for the became effective on August 18, 1949. proportion that the respective surplus lender to have the committee dispose While the loan authorization set forth tonnage received by him is of the surplus of such surplus for him in some higher in that regulation is substantially the tonnage received by all handlers. Any priced surplus outlet or for the lender same as that proposed in this instance, surplus for which a deferment has been to rely upon the committee to make it was recognized in the aforementioned granted to a handler should be included payment of the loan from the surplus discussion in the Recommended De in his receipts of surplus tonnage in de proceeds generally; it is doubtful that cision preceding the issuance of the termining his share so as not to penalize “any soundly managed banking insti further amended regulation on dried a handler for availing himself of a privi tution would be willing to lend money prunes that the exercise of the lending lege conferred by the order. It is pos * * * under a condition which required authority under the raisin regulation sible that the following of the foregoing the bank to dispose of the figs only with had been found to be “feasible * * * sub method may not be practicable in every in the limitations imposed by this pro ject to the restrictions indicated above instance. For example, an offering may vision”; and “a loan only on a contract [i. e., those in the further amended be of such a small quantity that it would of sale (i. e., a so-called firm contract prune regulation], as soon as firm con be uneconomical to have all handlers of sale) would (probably) cure the prob tracts of sale have been executed.” participate. Therefore, the committee lem that exists here.” It was argued In the light of the foregoing, it is con should be authorized to deviate from the that the potentially objectionable results cluded that the loan authorization in the method and to restore equitable prora which are indicated above would be present instance should be confined to tion in subsequent offerings. If a han avoided, first, because the committee, in the hypothecation of binding written dler declines or fails to purchase or con negotiating for such a loan, could reason contracts for the sale of surplus dried tract for processing or packing any or ably be expected to insist upon the in figs, subject to the following restrictions, all of his share of any offer, the remain clusion in the loan agreement of pro which should be set forth in, and form ing portion should be reoffered by the visions adequate to insure against such a part of, each such loan agreement: committee to all handlers who pur a happening, and, second, any lender (a) The recourse of the lender shall be chased or contracted for processing or would, as a matter of good business confined to the particular sales contract packing all of their respective shares of policy, regulate his actions so that such or the proceeds which are derived there such offer, in proportion to their respec results would not occur. It was pre from; (b) neither the Secretary, the tive shares. When a handler does not dicted that, if a lender loaned more than committee, any of the committee’s mem avail himself of the privilege of accept the cattle or hog feed value of the bers, alternate members, officers, em ing such offer by the committee, it is pledged security, he would either rely ployees, and agents, nor any distributees reasonable that the remaining surplus upon the committee to dispose of such as such (including their respective of tonnage covered by the offer should be security in a higher priced surplus outlet ficers and employees) of the loan pro made available to other handlers. Any or look generally to the surplus pool ceeds, shall be liable for the repayment, quantity of surplus tonnage remaining proceeds for repayment. either in whole or in part, of the partic unsold or not contracted for processing The more recent of the two previous ular loan; and (c) the lender waives any or packing after a reoffer should be with loan authorizations in a regulatory pro right which he might otherwise have, in drawn from the particular offer, but the gram of this nature in connection with case of default in payment, to take any committee should be authorized to sell or a California commodity is contained in action to obtain either possession or con contract to any handler or handlers any §§ 993.63 (j) .and (k) of the further trol of the dried figs involved. It is such remaining quantity. The primary amended marketing agreement and or believed that these restrictions are de purpose of this latter provision would be der regulating the handling of dried sirable because they insure that the to facilitate the disposition of small prunes produced in California (19 F. R. potentially objectionable situations will quantities which may remain after an 1313) which became effective on March not arise, rather than leave the avoid offer and reoffer. 9, 1954. It Is provided in paragraph ance of such happenings to the taking of The committee should be permitted to (j) that, in no event, shall the adminis precautionary measures by the commit dispose of surplus tonnage dried figs in trative agency hypothecate surplus ton tee and the particular lender in their outlets which would yield the best pos nage. However, the provisions of para respective discretions. Also, it appears sible net returns without jeopardizing graph (k) permit the hypothecation of from the proponent’s testimony on the unduly the value of or restricting the binding written contracts for the sale of matter that such restrictions would be market for salable tonnage. surplus, but only on the condition that feasible of operations and presumably The committee should be authorized the loan agreement contains the follow should not prevent the obtaining of to sell direct, or to sell to handlers for ing terms and conditions.: (a) The re loans. resale, surplus tonnage to the United course of the lender shall be confined to It is possible, of course, that, even in States Government or to any agency the particular sale contract, or the pro the case of a binding written contract thereof (including, but not limited to, ceeds which are derived therefrom; for sale, it could happen that the sale is sales for domestic or foreign relief pur (b) neither the Secretary, the com not consummated, such as by reason of poses, school lunch and institutional mittee, any of the committee’s mem a breach of the contract by the contract feeding, or for foreign economic assist bers, alternate members, officers, em ing buyer. In order to avoid any mis ance), or to any foreign government. ployees, and agents, nor any distributees understanding as to the action which it Such sales generally would not be com as such (including their respective offi is expected that the committee would petitive with sales of salable tonnage. cers and employees) of the loan pro- take in such an event, it is considered In this regard, it is not contemplated afeds, shall be liable for the repayment, that it would have a strong, and com under this authorization that customary either in whole or in part, of the par pelling, moral responsibility to see to it competitive sales to United States Gov ticular loan; and (c) the lender waives that repayment of the loan is made from ernment agencies, such as those to the any right which he might otherwise other surplus pool proceeds. armed services for subsistence or com nave, in case of default in repayment, Handlers constitute an important seg missary use, will be made from the sur to obtain either possession or control of ment of the dried fig industry and should plus tonnage because such sales normally the surplus involved. The desirability be accorded fair treatment by the com would be made by handlers from the and need for these restrictions were dis mittee with respect to opportunities for salable tonnage. It is intended, however, cussed in the Recommended Decision purchasing or for contract processing or to authorize sales of surplus tonnage to (see 19 F. R. 5314-5315) which preceded packing of surplus tonnage. Accord United States Government agencies when 6440 PROPOSED RULE MAKING such sales will not interfere unduly with of the salable tonnage of handlers has vent abnormal fluctuations in the com the normal marketing of salable tonnage been sold. On the other hand, it should mittee’s offer prices. dried figs. Since the committee usually not be required that the entire quantity However, the committee should be per could not estimate accurately the re being held by producers be purchased mitted to sell surplus tonnage at negoti quirements of a foreign government for because some producers may be unwill ated prices for the purposes and under dried figs by the beginning of a crop year, ing to sell their dried figs. The meeting the conditions specified in paragraphs those requirements should not be in of the foregoing percentage conditions (b), (c) and (h) of § 964.58 of the order. cluded in the estimates upon which the should contribute toward guaranteeing All such outlets are generally regarded as salable percentage is based. The com that the supply of salable tonnage has being noncompetitive with outlets for mittee might lose opportunities to maxi been depleted to a point where sales from salable tonnage. It is reasonable to pre mize the proceeds from the disposition of the surplus tonnage would not adversely sume that such sales at negotiated prices the surplus tonnage if it were not per affect commercial market prices. would not adversely affect salable ton-' mitted to dispose of that tonnage to such No offer to sell to handlers surplus nage prices nor restrict the market a buyer. The United States Government tonnage for use as salable tonnage should therefor, but would enable the commit or foreign government might prefer to be made prior to December 15 of any tee to maximize the proceeds from the purchase the surplus dried figs directly crop year because the supply of salable disposition of surplus tonnage by selling from the committee, or from handlers. tonnage should ‘be ample to fulfill all it in outlets which otherwise might not Therefore, the order should provide for trade requirements at least up to that take the fruit on account of price. either alternative. date. No offer to sell surplus tonnage The committee should endeavor to sell The committee should be authorized to handlers should be so excessive as to all dried figs in the surplus tonnage at to sell direct, or sell to handlers for re quantity that it obviously would disrupt a rate which would achieve as nearly as sale, any surplus tonnage dried figs for orderly marketing conditions for the practicable its complete disposition not animal feed, botanicals, distillation, or salable tonnage. later than July 31, the end of the crop for any other manufacturing uses or Any offer by the committee to sell sur year. Any surplus tonnage unsold as of for export which were not provided for plus tonnage to handlers for use as sala that date should be disposed of as soon in estimating the salable quantity of ble tonnage outstanding as of July 5 of as practicable for animal feed, distilla dried figs for the then current crop year. any crop year should be withdrawn at tion, or in any other outlet which is not Sales of surplus tonnage for the purposes that time and no further offers should competitive with the sale of dried figs and under the conditions stated in the be made. This provision would prevent in regular commercial trade channels. preceding sentence normally would not an increase in the supply of dried figs That date is chosen because it would be interfere with the sale of dried figs in available for regular commercial trade the end of the crop year. Unless the regular commercial channels. The com channels just prior to the availability surplus tonnage is out of the way by that mittee should be authorized to exercise of the new crop and thus prevent time, the committee might be put in the such supervision as may be reasonably interference with the marketing of position of having two surplus pools at necessary to insure that the surplus the new crop. An exception to this re the same time, each to be accounted for dried figs are disposed of for the respec quirement should be made to permit separately. Moreover, doubling up the tive uses for which they are sold. waiving it if the committee determines, surplus might constitute a threat to con The committee should be permitted to with the approval of the Secretary, that fidence in the successful operation of the offer to sell and sell to handlers dried a major change in conditions has oc order. However, the foregoing provi figs from the surplus tonnage for dispo curred, such as the involvement of the sions should not be operative when the sition in regular commercial trade chan United States in war or a serious crop committee determines, with the approval nels when such sales would not disrupt shortage or a crop failure in the follow of the Secretary, that a major change in or weaken the market for salable ton ing year, or any other significant devel conditions has occurred which indicates nage and to preclude an unreasonable opment which indicates a serious short a shortage of supply. In that case, de increase in the price of salable tonnage. age of supply. This exception would mand for surplus dried figs carried over This would permit replenishing salable permit the committee to sell surplus might develop in normal commercial tonnage from surplus tonnage if the sal tonnage after July 5 for use in regular trade channels which could be fulfilled able tonnage should develop to be less commercial trade channels if unantici without detrimental effects on the mar than that needed for commercial market pated conditions develop to the point keting of the new crop. In order to requirements. The purpose of setting where a real need for surplus dried figs enable the committee to make prompt aside dried figs in the surplus pool would exists in those channels. disposition of such surplus after July 31, be to obtain a reasonable increase in the Committee sales to handlers of surplus it should be permitted to sell it at nego price and value of the salable tonnage tonnage for use as salable tonnage in tiated prices. and to create stabilized marketing con regular commercial trade channels, as The committee should file with the ditions. Sales of dried figs from the sur would be authorized by § 964.58 (d) of Secretary, by telegram or airmail letter, plus tonnage for use as salable tonnage the order, should not be made at a price prior to making any offer to sell surplus should be permitted when it would not below that which reflects the weighted dried figs, complete information with re interfere with achieving this objective. average price received by producers for spect thereto, including the basis there These sales should be made only under salable tonnage of the particular variety for. The Secretary should have the right certain Conditions so that they would not of dried figs during the then current to disapprove, within seven calendar constitute interference of this character. crop year to a date as near as is practi days after he receives such information, Prior to any offer by the committee to cable to the date of the offer, plus ac the making of such an offer or any term sell surplus tonnage to handlers for use crued charges for receiving, handling or condition thereof. The Secretary as salable tonnage, it should find either and storing the surplus tonnage to be should have opportunity to determine that more than 80 percent of the esti sold. This provision would aid in pro whether the proposed offer is justifiable mated salable tonnage for the crop year tecting the price level for dried figs in in light of the order’s objectives and to has been sold by handlers, or that more regular commercial trade channels and notify the committee of his decision. than 20 percent of the uncontracted in encouraging distributors and users to The committee should be enabled by salable tonnage is being held so tightly purchase salable tonnage dried figs. In the order to donate surplus tonnage by relatively few handlers or producers case of a rising market in the trade, this dried figs for use in research or promo as seriously to restrict commercé in dried restriction would not handicap the com tional activities so as to encourage activi figs and 75 percent of all handlers have mittee in disposing of surplus tonnage in ties which might result in expanding the made a written request therefor and such channels. In case of a declining market for dried figs or in creating new such requesting handlers have purchased market in the trade, the minimum price uses, products or markets. over 65 percent of the salable tonnage prescribed would restrict the commit tee in disposing of surplus tonnage in In conformity with the act, expenses purchased from producers. It would incurred by the committee in receiving, not be justifiable for the committee to such channels, but this restriction gen erally would be desirable in that it would handling, holding or disposing of surplus sell surplus dried figs to handlers for prevent augmentation of the supply of tonnage should be charged against the use as salable tonnage if a substantial salable tonnage and accentuation of the sales proceeds of that tonnage. quantity of dried figs remained readily price decline. The use of a weighted The net proceeds from the disposition procurable from producers even if most average price as a minimum should pre of surplus tonnage should be distributed Wednesday, October 6, 1954 FEDERAL REGISTER 6441 to producers on the basis of their re The reports would inform the commit provisions in the notice of hearing in spective contributions to the surplus tee relative to the quantities of the sev cluded a provision which would permit tonnage, or to their successors in inter eral varieties of dried figs owned or the custodians of the confidential infor est with such appropriate quality or controlled by handlers, whether in the mation to disclose to the committee con varietal differentials as may be estab production area or on consignment, and fidential information as to a particular lished by the committee. It is only fair would be of assistance to the committee handler in connection with its investiga that the net proceeds should be paid to in its computations of the supply of do tions of alleged violations by him. This producers to the extent that they share, mestic dried figs available for use in provision has been omitted. The pro respectively, in bearing the burden of normal market channels, r ponents testified at the hearing that only the surplus. Since a producer might If a surplus percentage is established summaries of confidential information assign his equity in the proceeds to an for any crop year, each handler should, supplied by handlers would be made other person, the provision should recog upon request, file with the committee, available to the committee members. It nize that the successor in interest would in such manner and at such times as it should be recognized in this regard that share in the proceeds as his interest may designate, a certified report show the committee would be comprised, in might appear. The provision also ing, with respect to his acquisitions of part, of five handler members and their should recognize that surplus dried figs each variety of dried figs during the pe alternates, and that there are ten recog may vary in value according to quality riod covered by the report, the surplus nized dried fig handlers. Insofar as and variety, by authorizing the com tonnages referable to his acquisitions of investigations by the committee are mittee to establish appropriate differ dried figs and the locations of those ton concerned, the use of confidential infor entials for these factors. Producers gen nages. The committee would need the mation should be handled by the em erally would need to receive promptly foregoing information for administra ployees who are responsible for keeping any proceeds from the disposition of sur tive, compliance, fiscal and disposal pur it confidential. plus tonnage to meet their financial obli poses in connection with volume regula Any information which is furnished to gations. For this reason, the committee tion. Also, in order to enable the the California State authorities for should be authorized to make progress committee to ascertain the interests of their use in administering the State payments as sufficient funds become persons in surplus tonnage and to make program would need to be treated in ac available. proper distribution of the net proceeds cordance with the applicable terms and The order should provide that distri thereof, each handler should, upon re conditions set forth in section 10 (i) of bution of the net proceeds could be made quest, file with the committee, in such the act, namely, that “such information by the committee either directly or manner and at such times as it may is relevant to transactions within the through handlers as agents of the com prescribe, the name and address of each regulatory jurisdiction of such authori mittee, under safeguards to be estab person from whom he acquired dried ties, and then only upon a written agree lished by it. The committee might find figs and the quantity of each variety ac ment by such authorities that the in that it would save time and money if quired from each such person. formation so furnished shall be kept the distribution were made through Each handler should file with the com confidential by them in a manner simi handlers as its agents. It is contem mittee such price reports as may be re lar to that required of Federal officers plated that, if the committee should quested by it, showing the weighted and employees.” elect to distribute the proceeds through average price paid by him to producers In order to enable the committee to handlers, each handler would make dis for each variety of dried figs and the verify the correctness of reports filed tribution to the producers from whom he quantity purchased at each price. These with it by handlers, and also to deter received surplus tonnage and to any reports would be needed by the commit mine whether handlers are complying successors in interest. It is not contem tee to determine, as provided in § 964.58 with the order, each handler should plated that the handlers would obtain (f) of the order, the minimum prices at maintain records of all dried figs han custody of the proceeds. It is further in which it would be permitted to sell sur dled by him as prescribed by the com tended that the committee would be in a plus tonnage to handlers for use as sala mittee. Those records should include, position to check the accuracy of each ble tonnage, and in fixing negotiated but not necessarily be limited to, the calculation from the records in its pos prices for other dispositions of the fruit. quantity of dried figs of each variety ac session before it approves the drafts for Upon the request of the committee quired from each person and the name payment. each handler should furnish such other and address of each such person, total Prior to making any distribution of reports and information as are needed acquisitions, total sales and total other the net proceeds from the disposition of to enable the committee to perform its disposition of each variety which he han surplus tonnage, the committee should functions under the order. It is imprac dles. submit to the Secretary a report cover ticable to anticipate every type of report The committee, through its duly au ing all pertinent details. The Secretary or kind of information which the com thorized representatives, should have ac should have the right to disapprove, mittee may need in administering the cess to any handler's premises and within seven calendar days after he order, but it should have the authority should be permitted to inspect his prem receives such information, the making of to obtain such reports and information ises and any dried figs held by the han the disbursement or any term or condi needed for that purpose. dler, and any of his records with respect tion of it. This procedure would permit By reason of the nature of reports to the acquisition, holding or disposition the Secretary to check and make his which a handler would be required to of dried figs. Each handler should fur views known to the committee regarding file with the committee and the records nish all labor and equipment necessary the proposed disbursement method, the he would need to keep, some of the infor to make such examinations at no ex amounts to be distributed to equity mation contained therein might be such pense to the committee. Each handler holders, and the amount to be withheld as to disclose his trade secrets, or ad should store dried figs in a manner which to cover pool expenses. versely affect his trade position, finan will facilitate examination and should § 964.5 Processed dried figs. “Proc pf the following year: Provided, That the term of office a producer in the district essed dried figs” means all. dried' figs first crop year shall begin at the effective from which he is appointed and a major which have been cleaned, or treated with time of this subpart. portion of his income from or interest in water or steam, or otherwise treated in § 964.13 Part and subpart. “Part” the dried fig industry shall be as a pro preparation for market by a handler: means the order regulating the handling ducer. Each handler member and alter Provided, That dried figs shall not be of dried figs produced in California, and nate handler member of the committee come processed dried figs at the time all rules, regulations, and supplementary shall be either a handler of dried figs or they are cleaned by a producer in the orders issued thereunder. This order an employee or agent of a handler of course of preparing them for delivery to regulating the handling of dried figs pro dried figs actually engaged in the han a producer or handler. duced in California shall be a “subpart” dling of dried figs while he is such mem § 964.6 Dried figs. “Dried figs” means of such part. ber or alternate member, and whose pri and includes all natural condition dried mary interest in the dried fig industry figs and all processed dried figs pro DRIED FIG ADMINISTRATIVE COMMITTEE is that of a handler. duced in California. § 964.20 Establishment of Dried Fig § 964.23 Producer representation. Administrative Committee. A Dried Pig § 964.7 Variety. “Variety” means Producer representation on the commit Administrative Committee, hereafter re tee shall be by districts as described in dried figs of any one of the following ferred to as the committee, consisting of Jdnds : Kadota, Calimyma, Black Mis this section or as such districts may be 10 members with an alternate member changed by recommendation of the sion, Adriatic, or any kind or strain simi for each such member, is hereby estab lar or related thereto. Committee with the approval of the Sec lished to administer the terms and pro retary to maintain equitable representa § 964.8 Acquire. “Acquire” means to visions of this part, of whom, with their tion based on production. District No. 1 obtain physical possession by purchase, respective alternates, five shall represent shall have two members and two alter storage arrangement, or otherwise, of producers and five shall represent han nate members and shall include all of natural condition dried figs as the first dlers. The committee may nominate the area of California north of the handler thereof. and recommend for appointment an northern boundaries of Monterey, San eleventh member of the committee who § 964.9 Producer. “Producer” means Benito, Fresno and Inyo Counties. Dis need not be a producer nor a handler. trict No. 2 shall have three members and any person engaged in a proprietary There shall be an alternate member for capacity in the business of producing or three alternate members and shall in each member of the committee except clude the counties of Monterey, San causing to be produced for market nat the eleventh member. ural condition dried figs as herein de Benito, Fresno and Inyo and all counties fined and for the purpose of this part § 964.21 Selection of members of the south thereof. shall also include a dry yard operator committee—(a) Initial members. The § 964.24 Nomination of successors to and any other person who buys or re initial producer and handler members initial producer members of the commit ceives figs, dried or otherwise, for the of the committee and their respective tee.—(a) Nomination meetings. Nomi purpose of drying, curing, sorting, or alternates shall be the same as the pro nations for producer members and alter otherwise preparing natural condition ducer and handler members and their nate producer members of the commit dried figs for his own account. respective alternates of the Dried Pig tee subsequent to the initial members Advisory Board under the Marketing § 964.10 Handler. “Handler” means and alternates, shall be made at a meet Order for Dried Pigs, as Amended, estab ing or meetings of producers held in each any person who acquires natural condi lished under thè provisions of the Cali tion dried figs, processes, packages, sells, of the foregoing districts. Such meet fornia Marketing Act of 1937, as ings shall be called by the committee at çonsigns, transports, ships or in any Amended, who are serving in such, ca other way places dried figs in the cur such times and at such places within rent of commerce (except as a carrier pacities at the effective time hereof, such districts as the committee shall des including the eleventh member of such ignate, prior to May 1 of each year. The of dried figs owned by another person), Dried Fig Advisory Board if there be such whatever may be the ultimate destina producers at each of such meetings shall tion or end use of the dried figs, provided an eleventh member. The initial 10 select a chairman and secretary therefor. that the term handler shall not include members of the committee and their re After nominations have been made, the the following persons when dealing with spective alternates shall hold office for a committee shall transmit forthwith to dried figs in the following manner: (a) term ending May 31,1955 and until their the Secretary its certificate showing the Any producer selling or delivering nat successors shall be selected and shall name of each person for whom votes ural condition dried figs to another pro qualify. The eleventh member, if any, have been cast, whether as a member or, shall hold office for a term ending May as alternate for a member, and the num ducer, or to a handler within the State 31,1955. of California; (b) any producer receiv ber of votes received by each such ing or obtaining natural condition dried (b) Term of office of successor mem person. figs from another producer; (c) any bers. The successors of the 10 original (b) Producer voting in nomination person engaging in the further handling members and their respective alternates meetings. In the nomination of pro of processed dried figs which have pre shall be selected annually by the Secre ducer members and alternate producer viously been inspected and certificated as tary for a term of one year beginning members of the committee, each pro processed dried figs pursuant to the pro June 1 and shall serve until their respec ducer shall be entitled to cast one vote visions of this part and which have bèen tive successors shall be selected and shall for each member position and one vote shipped or otherwise finally disposed of qualify; and in the event the committee for each alternate member position in by a handler; (d) any person engaging shall nominate an eleventh member he the district in which he produces dried may be selected by the Secretary for the figs. Only producers who are person in manufacturing from dried figs, by balance of such year. products thereof which are not used for ally present at such nomination meet human consumption; (e) any person (c) Selection of successor members. ings shall be entitled to vote for nomi converting dried figs into distilled spir Selection of the 10 successor members of nees. Each producer shall be entitled its; and (f) the State of California, the the committee, and their respective al to vote only in one district and only for Dried Pig Advisory Board and its agents ternates, shall be made by the Secretary, the nominees to be elected in such dis and such persons as may obtain dried for the producer and handler groups trict. figs from them in carrying out the func from the nominations submitted for that purpose by those groups, or from § 964.25 H andler representation. tions of the State of California Market Handler representation on the commit ing Order for Dried Pigs, as Amended. among other qualified persons, in the discretion of the Secretary, but such tee may be without regard to districts , § 964.11 Handle. “Handle” means but insofar as may be practical shall be selections shall be made upon the basis representative of handlers generally. to perform one or more of the functions of the representation provided for in of a handler. §§ 964.22, 964.23, and 964.24. § 964.26 Nomination of successors to initial handler members. The commit § 964.12 Crop year. “Crop year” § 964.22 Eligibility. Each producer tee shall cause to be held each year prior means the 12-month period beginning member and alternate producer mem to May 1, a meeting or meetings of han August 1 of any year and ending July 31 ber of the committee shall be during his dlers affected by this part for the pur- Wednesday, October 6, 1954 FEDERAL REGISTER 6445 pose of obtaining nominations of- per (b) To makes rules and regulations to (h) To prepare and submit to thé Sec sons to serve as handler members and effectuate the terms and provisions of retary statements of the financial opera alternate members of the committee. this subpart; tions of the committee exclusive of §964.27 Failure to nominate. In the (c) To receive, investigate and report surplus control operations at such times event nominations for any positions on to the Secretary complaints of violations as the committee may deem appropriate the committee except that of the elev of this subpart; and or as the Secretary may request, and to enth member, are not received by May 5, (d) To recommend to the Secretary make such statements together with the the Secretary may select such members amendments to this subpart. minutes of the meetings of said commit and their alternates without regard to § 964.34 Procedure— (a) Organization. tee available for inspection at the offices nominations but each such selection The committee shall select a chairman of the committee by producers and shall be on the applicable basis pre from among its members and such other handlers; scribed in §§ 964.22, 964.23, and 964.25. officers as may be appropriate from its (i) To prepare and submit to the Sec membership or employees. Whenever retary annually as soon as practicable § 964.28 Acceptance. Each person se an eleventh member has been nominated after the end of each crop year and such lected as a member or alternate mem by the committee and appointed by the other times as the committee may deem ber of the committee shall, prior to Secretary such eleventh member shall appropriate or the Secretary may re serving on the committee, qualify by act as chairman of the committee. quest a statement of the financial opera filing with the Secretary a written ac (b) Quorum. Not less than seven tions of the committee with respect to ceptance. within 15 days after receiving members, including alternate members the surplus control for such crop year notice of his selection. acting in the place and stead of mem and to make such statement available at § 964.29 Alternates. An alternate bers, shall constitute a quorum of the the offices of the committee for inspec member of the committee shall act in committee. tion by producers and handlers; the place and stead of the member for (c) Voting requirements. No action (j) To cause the books of the commit whom he is an alternate (a) during his shall be taken by the committee includ tee to be audited by a certified public absence, or (b) in the event of his re ing the nomination of an eleventh mem accountant at least once each crop year moval, resignation, disqualification, or ber unless a quorum is present and a and at such other times as the committee death until a successor for such mem concurring vote of not less than three may deem necessary or as the Secretary ber’s unexpired term has been selected producer members and three handler may request. Such report shall show and has qualified. members, or alternate members acting among othèr things, the receipt and ex in the place and stead of members, is penditure of funds. At least two copies § 964.30. Vacancies. In the event of obtained: Provided, however, That any of such audit report shall be submitted to any vacancy occasioned by the failure of recommendation to establish volume the Secretary. A copy of each such re any person selected as a member or al regulation under § 964.55 of this subpart port shall be available at the offices of ternate member of the committee to shall require the concurring vote of not the committee for inspection by pro qualify or by the removal, resignation, less than four producer members and ducers and handlers. disqualification, or death of any mem four handler members, or alternate (k) To give the Secretary the same ber or alternate member, a successor for members acting in the place and stead notice of meetings of the committee and such person’s unexpired term shall be of members. subcommittees as is given to the mem nominated within 60 calendar days after bers of the committee or subcommittees; such vacancy occurs and selected in the § 964.35 Duties. The committee shall (l) To give producers and handlers manner provided in this subpart insofar have, among others, the following du reasonable advance notice of meetings as applicable. ties:. of the committee and to maintain all (a) To act as intermediary between such meetings open to such persons; § 964.31 Obligations. Upon the re the Secretary and any producer, or han moval, resignation, disqualification, or (m) To investigate compliance with dler; the provisions of this subpart and with expiration of the term of office of any (b) To keep minutes, books and other member oralternate member of the com any rules and regulations established records which shall clearly reflect all of pursuant thereto; and mittee, such member or alternate mem the acts and transactions of the commit ber shall account for all receipts and dis (n) To establish with the approval of tee and subcommittees and such min the Secretary such rules and procedures bursements and deliver to his successor, utes, books and other records shall be to the committee, or to a designee of the relative to administration of this sub subject to examination by the Secretary part as may be consistent with the pro Secretary all property (including, but at any time ; not limited to, all books and records) in visions contained in this subpart and as (c) To make scientific and other stud may be necessary to accomplish the pur his possession or under his control as ies and assemble data on the producing, member or alternate member, and he poses of the act and the efficient admin handling, shipping, and marketing con istration of this subpart. shall execute such assignments and other ditions relative to figs and dried figs instruments as may be necessary or ap which are necessary in connection with MARKETING POLICY propriate to vest in such successor, com the performance of its official duties; mittee, or designee full title to such prop § 964.40 Report of marketing policy. (d) To adopt such rules and regula Prior to the beginning of each crop year, erty and funds, and all claims vested in tions for the conduct of the business of such member or alternate member. the committee shall prepare and submit the committee as it may deem advisable; to the Secretary a report setting forth Upon the death of any member or alter (e) To appoint or employ such per nate member of the committee, full title its marketing policy for the regulation sons as it may deem necessary and to of the handling of dried figs in such to such property, funds, and claims vest determine the salaries and define the ed in such member or alternate member crop year. Such report shall include duties of such persons; the data and information used by the shall be vested in his successor or, until (f) To submit to the Secretary not such successor has been selected and has committee in the formulation of such later than July 17 of each year a budget marketing policy. In developing the qualified, in the committee. of its anticipated expenditures and the recommended rate of assessment for the marketing policy, the committee shall § 964.32 Compensation and expenses. give consideration to the following fac Members of the committee and alternate ensuing crop year and the supporting data therefor, except that such submis tors: members when acting as members shall (a) The estimated tonnage of dried serve without compensation but shall be sion for the first crop year shall be made as soon as practicable after the effective figs by variety from preceding crop years allowed their necessary expenses as ap time of this subpart. held by handlers; proved by the committee. (g) To submit to the Secretary such (b) The estimated tonnage of dried § 964.33 Powers. The committee available information with respect to •figs by variety from preceding crop years shall have the following powers: figs and dried figs as the committee may held by producers; (a) To administer the terms and prodeem appropriate or as the Secretary (c) The estimated production of dried visions of this subpart; may request; figs by variety in such crop year; No. 194- -4 6446 PROPOSED RULE MAKING (d) An appraisal of the quality and ing until such regulation is superseded by pled on a handler’s premises in accord size of dried figs by variety of the crop to other regulations prescribed by the Sec ance with the rules and procedures be produced in such crop year; retary, no handler shall acquire natural established pursuant to the provisions of (e) The estimated tonnage of dried condition dried figs unless they meet the this subpart. Each lot of natural con figs marketed in recent crop years segre minimum standards for natural condi dition dried figs tendered to a handler gated by countries as to foreign com tion dried figs as set forth in § 964.90 shall be under the jurisdiction of the merce and segregated by uses as to do ¿Exhibit A). committee from the time of delivery mestic commerce; (c) Superseding regulation. In case thereof until inspection results are avail (f) The current prices being received the committee should recommend to the able. No handler may acquire natural for dried figs by producérs and handlers; Secretary that the initial minimum condition dried figs failing to meet the (g) The trend and level of consumer standards as to quality, as provided for minimum standards of quality, and no income; in paragraph (b) of this section, should handler may return or transfer to any (h) The estimated probable market be superseded by other minimum stand producer any natural condition dried requirements for dried figs in such crop ards as to quality, it shall submit its figs that have been certificated as meet year in domestic commerce segregated by recommendations to the Secretary, to ing minimum standards of quality. uses and in foreign commerce, segregated gether with the data and information by countries; and upon which it acted in making such § 964.51 Regulation of the handling (i) Such other factors as may have a recommendation, and such other infor of dried figs subsequent to their acquisi bearing on the marketing of dried figs. mation as the Secretary may request. tion by handlers—(a) General. In order The Secretary shall issue such super to effectuate the declared policy of the § 964.41 Policy meeting. The com act, no handler shall ship or otherwise mittee shall hold a meeting for the pur seding regulation if he finds, upon the basis of the recommendation and sup make final disposition of natural condi pose of formulating and adopting the tion dried figs or of processed dried figs, marketing policy for any crop year not porting data submitted to him by the committee, or from other pertinent in except in accordance with the terms and later than July 12 preceding the begin conditions of this section. ning of such crop year, except that the formation available to him, that to do meeting for the first crop year shall be so would tend to effectuate the declared (b) Initial regulation. As of the ef held as soon as practicable after the ef policy of the act. Any superseding regu fective time of this subpart, and con fective time of this subpart. lations may be by variety, shall provide tinuing until such regulation is super a maximum tolerance for total defects, seded by other regulations prescribed by § 964.42 Time of submission. The and may provide a maximum tolerance the Secretary, except as otherwise spe marketing policy report for any crop for single defects or classes of defects. cifically provided, no handler shall ship year shall be submitted to the Secretary Any superseding regulations issued by or otherwise make final disposition of as promptly as possible after the policy the Secretary shall subsequently be dried figs which fail to meet the applica meeting and in no event later than July modified, suspended, or terminated, in ble minimum standards set forth in 17 preceding the beginning of such crop case he finds that the pertinent facts § 964.90 (Exhibit A). year, except that the submission for the ^tnd circumstances so warrant; and the (c) Superseding regulation. In case first crop year shall be as soon as prac committee, in submitting any recom the committee should recommend to the ticable after the effective time of this mendation therefor to the Secretary, Secretary that the initial minimum subpart. shall, in each instance, submit to him standards as to quality, as provided for § 964.43 Modification or change. In the information and data on the basis in paragraph (b) of this section should the event the committee subsequently of which such recommendation is made. be superseded by other minimum stand determines that such marketing policy The committee shall give prompt pub ards as to quality, it shall submit its rec should be modified or changed by reason licity through newspapers having gen ommendation to the Secretary, together of change in economic or other condi eral circulation in the area and may give with the data and information upon tions, it shall make such modification or notice through other channels, if the which it acted in making such recom change in the manner provided for above committee deems it desirable, to han mendation, and such other information for the original formulation of a market dlers and producers of each recommen as the Secretary may request. The Sec ing policy, insofar as applicable, and dation submitted by it to the Secretary retary shall issue such superseding reg shall submit promptly a report of such and of each superseding regulation issued ulation if he finds, upon the basis of the modified or changed marketing policy by the Secretary. Notice of each regu recommendation and supporting data to the Secretary, along with the data lation issued shall include, but not be submitted to him by the committee, or which it considered in connection with limited to, written notice by registered from other pertinent information avail the making of such modification or mail to all handlers of whom the com able to him, that to do so would tend to change. mittee has a record. effectuate the declared policy of the act. (d) Inspection. (1) Each handler Any superseding regulations may be by § 964.44 Publicity. The committee shall cause an inspection to be made variety, shall not be below the applicable shall promptly give reasonable publicity of each lot of natural condition dried minimum standards for dried figs, as set to producers and handlers of the con figs tendered to him. Prior to acquir forth in § 964.90 (c) of Exhibit A, and tents of each markèting policy report ing such dried figs, each handler shall any such minimum standards for quality submitted to the Secretary and of each obtain a certificate that the dried figs shall provide a maximum tolerance for report modifying or changing a market meet the minimum standards for pass total defects, and may provide a maxi ing policy. Such publicity may be given able dried figs as established pursuant mum tolerance for single defects or through newspapers having general cir to the provisions of paragraph (b) or classes of defects. Any superseding reg culation in the area or through other (c) of this section, and said handler ulations issued by the Secretary shall channels, but the committee may use any shall submit or cause to be submitted subsequently be modified, suspended, or or all of such media. Copies of all such to the committee such certificate, to terminated in case he finds that the per reports shall be maintained in the offices gether with such other instruments and tinent facts and circumstances so war of the committee where they shall be records as the committee may require. rant; and the committee, in submitting available for examination by producers Such certificates shall be issued by in any recommendation therefor to the and handlers. spectors of the Dried Fruit Association Secretary shall, in each instance, submit QUALITY CONTROL of California, or such other inspection to him the information and data on the agency as may be recommended by the basis of which such recommendation is § 964.50 Receiving of natural condi- . committee and designated by the Secre made. The committee shall give prompt tion dried figs by handlers—(a) Gen tary. Each lot of dried figs so certifi publicity through newspapers having eral. In order to effectuate the declared cated as meeting the applicable require general circulation in the area and may policy of the act, no handler shall ac ments shall be known and referred to as give notice through other channels, if quire natural condition dried figs except passable dried figs. The cost of inspec the committee deems it desirable, to in accordance with the provisions of this tion and certification of such passable handlers and producers of each recom section. dried figs shall be borne by the handler. mendation submitted by it to the Secre (b) Initial regulation. As of the ef (2) For purposes of inspection, nattary and of each superseding regulation fective time of this subpart, and continu ural condition dried figs shall be sam issued by the Secretary. Notice of each Wednesday, October 6, 1954 FEDERAL REGISTER 6447 regulation issued shall include, but not quirements, within the meaning of sec dation by the committee as to percent be limited to, written notice by registered tion 2 (3) of the act, and any other pro ages with respect to any crop year shall mail to all handlers of whom the com visions pertaining to the administration be filed with the Secretary at the same mittee has a record. and enforcement thereof, shall continue time it submits its marketing policy re (d) Inspection. Each handler shall at in effect irrespective of whether the sea port. his own expense, before shipping or son average price to producers for dried § 964.56 Regulation by the Secretary— otherwise making final disposition of figs is in excess of the parity level speci fied in section 2 (1) of the act. (a) Designation of percentages. When dried figs, unless such figs are specifi ever the Secretary finds from the rec cally excepted in this section, cause an VOLUME REGULATION ommendation and supporting informa inspection to be made of such dried figs tion supplied by the committee, or from to determine whether they meet the then § 964.55 Recommendations for desig nation of percentages—(a) Committee any other available information, that to applicable quality standards for dried designate, by variety or otherwise the figs. No handler shall ship or otherwise determinations. If the committee con cludes that the supply of and demand percentages of natural condition dried make final dispositon of such figs for tags acquired by handlers during any any use, unless they are specifically ex for any variety or varieties of dried figs cepted in this section, if they do not meet make it advisable to designate the per crop year which shall be salable tonnage, such minmum standards. Each handler centages of such dried figs acquired by and surplus tonnage, respectively, would shall obtain a certificate that such dried handlers in any crop year which shall tend to effectuate the declared policy of figs meet the aforementioned minimum be salable and which shall be surplus, it the act, he shall so designate the per standards and shall submit or cause to shall recommend such percentages to the centages of such dried figs acquired by be submitted to the committee such cer Secretary. With any recommendation handlers during such crop year which tificate, together with such other instru respecting percentages, the committee shall be salable tonnage, and surplus ments and records as the committee may shall also submit the information on the tonnage, respectively. In the event the require. Such certificates shall be issued basis of which such recommendation was Secretary subsequently finds from the by inspectors of the Dried Fruit Asso made. In the event the committee sub recommendations and supporting infor ciation of California, or such other in sequently deems it desirable to modify, mation supplied by the committee, or spection agency as may be recommended suspend, or terminate any such percent from any other available information, by the committee and designated by the ages, it shall submit to the Secretary its that modification, suspension, or termi Secretary. recommendation in that regard together nation of any such regulation will tend (e) Exceptions to restrictions—(1) In with the information on the basis of to effectuate the declared policy of the terplant and inter-handler transfers. which such modification, suspension, or act, he shall so modify, suspend, or ter Notwithstanding the restrictions con termination is recommended. minate such regulation. tained in paragraphs (b) or (c) of this (b) Pertinent considerations. In de (b) Notice. The Secretary shall no section, any handler may transfer dried termining any recommendation referred tify the committee promptly of each figs from one plant owned by him to to in paragraph (a) of this section, the such percentage so fixed. The commit another plant owned by him within the committee shall consider and analyze tee, in turn, shall give prompt notice State of California without having an the following pertinent estimated fac thereof to producers and handlers, in inspection made as provided for in para tors: cluding, but not necessarily limited to, graph (d) of this section, and any han (1) The supply of dried figs, compris written notice by registered mail to each dler may ship dried figs from his plant ing any carryovers of dried figs from pre handler of whom the committee has a to another handler’s plant within the ceding crop years held by producers and record. State of California without having an handlers and the tonnage of dried figs § 964.57 Surplus tonnage of, dried figs inspection made as provided for in para to be produced in the crop^ year under generally—(a) General requirement. graph (d) of this section. A report of consideration; Surplus tonnage acquired by each han such inter-handler transfer shall be (2) The trade demand during the dler shall be held by him for the account made promptly to the committee by the crop year for dried figs in normal mar of the committee, and subject to the ap transferring handler. The receiving ket channels, both domestic and for plicable restrictions of this subpart. handler shall, before shipping or other eign; (b) Holding and delivery. Each han wise making final disposition of such (3) The current prices being received dler shall hold in storage all surplus ton dried figs, comply with the requirements for dried figs by producers and handlers; nage acquired by him until he has been of this section. (4) The trend and level of consumer relieved of such responsibility by the (2) Defective dried figs. Any defective income; committee, either by delivery to the com dried figs which may be accumulated by (5) Present and ' prospective price mittee, or otherwise. Such handler shall a handler by removing them from his trends for dried figs; store such surplus tonnage in such a passable dried figs, and any dried figs ac (6) Other pertinent economic and manner as will maintain the dried figs in quired by a handler which fail to meet marketing factors relative to dried figs; tfye same condition as when he acquired the quality standards for shipment or and them, except for normal and natural de final disposition as dried figs, may be dis (7) If the committee recommends terioration and shrinkage, standards for posed of or marketed for disposition as volume regulation by variety, the infor which may be recommended by the com animal feed, or as other dried fig prod mation insofar as possible shall be fur mittee and established by the Secretary, ucts in which they are used in channels nished by variety. and except for loss through fire, acts of other than for human consumption. (c) Notice. The committee shall give God, force majeure, or other conditions The committee shall issue any such rules reasonable advance notice to producers beyond the handler’s control. The com and procedures as may be necessary to and handlers of each meeting to consider mittee may, after giving reasonable no insure such uses. the recommendation of the percentages tice, require a handler to deliver to it, or (3) Export shipments. Dried figs to be fixed pursuant to paragraph (a) of any one designated by it, at such han however processed being prepare for ex this section, or any recommendation to dler’s warehouse or at such other place port, except to Canada, outside of the modify, suspend, or terminate such per as the dried figs may be stored, part, or continental limits of the United States centages, and each such meeting shall be all of the surplus dried figs held by him. and its possessions and territories are ex open to them. Such notice shall be The committee may require that such empt from the quality inspection and given through publicity in newspapers delivejry consist of natural condition certification requirements of this section. having general circulation in the área, dried figs, or it may arrange for such de Handlers preparing dried figs or dried and may be given through other chan livery to consist of processed dried figs. fig products for such exempted export nels, if the committee deems it desirable. (c) Surplus obligation and deferment markets shall observe rules and proce The committee also shall give similar thereof. Each handler shall have in dures established pursuant to the pro notice to producers and handlers of all his possession, or under his control, at visions of this subpart. such recommendations submitted to the all times, a quantity of dried figs, by § 964.52 Above parity situations. The Secretary. variety, equal to the quantity of surplus Provisions hereof relating-to minimum (d) Filing of recommendation with tonnage referable to his acquisitions of standards of quality and inspection re the Secretary. The original recommen dried figs less any quantity of such sur- 6418 PROPOSED RULE MAKING plus tonnage delivered by him pursuant ployees, and agents, nor any distributees are disposed of for the respective uses to instructions of the committee and as such (including their respective offi for which they are sold. any quantity of such tonnage acquired cers and employees) of the loan proceeds, (d) Sales to handlers under specified by him but subsequently sold to him by shall be liable for the repayment, either supply conditions—(1) Authorization,. the committee: Provided, That the com in whole or in part, of the particular If the committee finds that total con mittee may defer, upon the written re loan; and (3) the lender waives any right tracted sales by all handlers during the quest of any handler and for good and which he might otherwise have, in case crop year exceeds 80 percent of the total sufficient cause, the meeting by such of default in payment, to obtain either salable tonnage received by all handlers handler of such requirement for a speci possession or control of the surplus dried plus 80 percent of the estimated tonnage fied period ending not later than Decem figs involved. The proceeds of any such held unsold by producers which would ber 15 of the particular crop year. As a loan, after deducting a reasonable become salable tonnage; or, if the com condition to the granting of any such amount to help defray the surplus pool mittee finds that more than 20 percent deferment, the committee shall require operation expenses, shall be distributed of the uncontracted salable tonnage is the handler to obtain and file with it by the committee to the respective pro being held so tightly by relatively few a written undertaking that by the end ducers, or their successors in interest, on handlers or producers, as seriously to of the deferment period he will have the basis of the volumes of their respec restrict commerce in dried figs, and if fully satisfied his obligations with re tive contributions to the pooled dried figs 75 percent of all handlers have made a spect to the holding or control by him of each variety on which the loan is written request therefor and such re of the surplus tonnage applicable to his obtained. questing handlers have purchased over acquisitions of dried figs. Such under § 964.58 Disposition of surplus ton 65 percent of the salable tonnage pur taking shall be secured by a bond or nage.—(a) Handlers’ pro rata shares. chased from producers, the committee bonds to be filed with and acceptable to In the event the committee offers surplus shall, in either event, offer to sell to the committee, running in favor of the tonnage dried figs to handlers for pur handlers surplus dried figs from the sur committee and the Secretary, and for an chase, or for contract processing or pack plus tonnage for use as salable tonnage. amount computed on the basis of the ing, each handler shall, insofar as prac (2) Commencement date. No such then current market value of natural ticable, be given the first opportunity to offer shall be made prior to December 15 condition dried figs, as determined by purchase or process or pack his share of of the crop year. ~~ the committee, for the quantity for the offer, which share shall be deter (3) Quantity limitations. No single which the deferment is granted. The mined as the same proportion that the sales offer of surplus tonnage to handlers cost of such bond shall be borne by respective surplus tonnage received by shall be so excessive as to quantity that the handler filing same. Any sums col him is of the surplus tonnage received by it obviously would disrupt orderly mar lected through default of a handler on all handlers: Provided, That any surplus keting conditions for the salable tonnage. his bond shall, after reimbursement of tonnage for which a deferment has been (4) Handlers’ pro rata shares. In the committee for any expense incurred any offer by the committee to sell sur by it in effecting collection, be deposited granted to a handler pursuant to the provisions of and as authorized in plus tonnage to handlers pursuant to this with the funds obtained by it from the paragraph the method for such sales disposition of the surplus pool and dis § 964.57 (c) shall be included in his re ceipts of surplus tonnage in determining shall be the same as that prescribed in bursed by it to producers as set forth in paragraph (a) of this section. § 964.58 (j). In addition to the forego his share: And provided further, That any inequities resulting from this (5) Withdrawal of offer. Any offer to ing, the committee may establish other sell surplus tonnage to handlers out reasonable and necessary terms and con method may be corrected by the commit tee. In the event that any handler de standing as of July 5 of any crop year ditions upon which such deferments may shall be withdrawn and the committee be granted. clines or fails to purchase or contract for processing or packing any or all of his shall not make any further offer to sell (d) Quality requirements. Surplus surplus tonnage to handlers after that tonnage delivered by any handler to the share of any such offer, the remaining portion thereof shall be reoffered by the date except that if the committee deter committee, or to any person designated mines, with the approval of the Secre by it, whether in the form of natural committee to all handlers who purchased or contracted fpr processing or packing tary, that a major change in conditions condition dried figs or processed dried has occurred, such as the involvement of figs shall meet the minimum standards all of their respective shares of such offer, in proportion to their respective the United States in war or a serious crop provided in §§ 964.50 or 964.51 unless shortage or a crop failure in the follow otherwise specified by the committee. shares. Any quantity of surplus ton nage remaining unsold or not contracted ing year, or any other significant devel Different minimum standard require opment which indicates a shortage of ments may be established by the com for processing or packing after a reoffer shall be withdrawn from the particular supply, the said July 5 limitation shall mittee for individual varieties delivered no longer apply. to the committee from the surplus ton offer, but may be sold or contracted to any handler or handlers notifying the (e) Notice to Secretary of proposed nage. sales of surplus. The committee shall (e) Payment for services. Handlers committee of his or their desire to pur chase or contract same. file with the Secretary, by telegram or shall be compensated for receiving, stor air mail letter, prior to making any of ing, and handling surplus tonnage held (b) Sales to the United States Gov ernment and foreign governments. The fer to sell surplus dried figs pursuant to by them for the account of the commit this section, complete information with tee,'in accordance with a schedule of committee is authorized to sell direct, or to sell to handlers for resale, sur respect thereto, including the bases payments established by the committee therefor. The Secretary shall have the and approved by the Secretary. plus tonnage to the United States Gov ernment or to any agency thereof (in right to disapprove, within seven days (f) Loans. The committee may hy after he receives such information, the pothecate binding written contracts for cluding, but not limited to, sales for domestic or foreign relief purposes, making of such an offer or any term or the sale of surplus dried figs, for the pur condition thereof. pose of obtaining funds for the distribu school lunch and institutional feeding, or for foreign economic assistance), or (f) Prices. No sale of surplus dried tion of net proceeds from the disposition figs shall be made by the committee at of surplus tonnage dried figs in accord to any foreign government. (c) Sales for animal feed, certain a price below that which reflects the ance with the provisions of paragraph weighted average price received by pro (j) of § 964.58: Provided, That there are manufacturing uses and export. The committee may sell direct, or sell to han ducers for salable tonnage of the par included in, and made a part of, the loan ticular variety during the then current agreement in connection with each such dlers for resale, any surplus dried figs for animal feed, botanicals, distillation, crop year to a date as near as practicable loan the following terms and conditions: to the date of the offer, as shown by the (1) The recourse of the lender shall be or for any manufacturing uses or for export which were not provided for in reports to be filed under the provisions confined to the particular sales contract, estimating the salable quantity of dried of § 964.62, plus accrued charges for re or the proceeds which are derived there figs for the then current crop year. The ceiving, handling and storing surplus from; (2) neither the Secretary, the committee is hereby authorized to exer tonnage: Provided, That the committee committee, any of the committee’s mem cise such supervision as may be reason may sell surplus dried figs at negotiated bers, alternate members, officers, em- ably necessary to insure that such figs prices for the purposes and under the Wednesday, October 6, 1954 FEDERAL REGISTER 6449 conditions specified in paragraphs (b), times as it may prescribe, the name and and information obtained or received (c) and (h) of § 964.58 of this subpart. address of each person from whom he through checking and verification of re (g) Donations of surplus dried figs. acquired dried figs and the quantity of ports shall be treated as confidential The committee may donate quantities of each variety of dried figs acquired from information. surplus dried figs for use in research or each such person. EXPENSES AND ASSESSMENTS promotional activities. § 964.62 Reports of prices. Each (h) Unsold surplus tonnage. The handler shall file with the committee § 964.70 Expenses. The committee is committee shall endeavor to sell all dried such price reports as may be requested authorized to incur such expenses (ex figs in the surplus tonnage at a rate so by the committee, showing the weighted clusive of expenses for the receiving, as to achieve as nearly as may be prac average price paid by such handlers to handling, holding or disposing of any ticable, the complete disposition of the producers for each variety of dried figs quantity of surplus tonnage) as the Sec surplus tonnage not later than July 31 and the quantity purchased at each such retary finds are reasonable and likely to of the crop year. Any surplus tonnage price to enable the committee to deter be incurred by it during each crop year unsold as of July 31 shall be disposed of mine the weighted average price received for the maintenance and functioning of as soon as practicable for animal feed, by producers for the purposes set forth the committee and for such other pur distillation, or in any other outlets which in § 964.58 (f). poses as the Secretary may, pursuant to are not competitive with the sale of dried the provisions of this subpart, determine figs in normal, marketing channels, un § 964.63 Other reports. Upon the re to be appropriate. The recommendation less determination with respect to a quest of the committee each handler of the committee as to these expenses shortage of supply has been made as shall furnish such other reports and in and the recommended rate of assess provided for in paragraph (d) (5) of this formation as are needed to enable the ment for each such crop year together section. The committee may dispose of committee to perform its functions un with all data supporting such recom unsold surplus dried figs after July 31 der this subpart. mendations, shall be filed with the Sec at negotiated prices. § 964.64 Confidential information. All retary not later than July 17 preceding (i) Charges against sales proceeds of reports and records furnished or sub the crop year in connection with which surplus tonnage. Expenses incurred by mitted by a handler to the committee such recommendations are made, except the committee in receiving, handling, shall be received by and at all times kept that such submission for the first crop holding, or disposing of surplus tonnage under the custody or control of one or year shall be made as soon as practicable shall be charged against the proceeds of more employees of the committee, who after the effective time of this subpart. sales of surplus tonnage. shall disclpse to no person, except the § 964.71 Assessments—(a) Require (j) Distribution of net proceeds. Net Secretary upon request therefor, data or ment for payment and rate of assess proceeds from the disposition of surplus information obtained or extracted there ment. The funds to cover the expenses tonnage shall be distributed by the com from which would constitute a trade se of the committee (exclusive of expenses mittee either directly, or through han cret or the disclosure of which might for the receiving, handling, holding, or dlers as agents of the committee, under affect the trade position, financial con disposing of any quantity of surplus ton safeguards to be established by the com dition, or business operations of the par nage) shall be obtained by levying as mittee, to the respective producers or ticular handler from whom received; sessments. Each handler shall pay to to their successors in interest on the Provided, That the committee may re the committee, upon demand, with re basis of their respective contributions to quire such an employee to disclose to spect to all salable tonnage dried figs the surplus tonnage with appropriate it, or to any person designated by it or handled by him as the first handler quality or varietal differentials as may by the Secretary, information and data thereof and on all dried figs sold to him be established by the committee. Prog of a general nature, compilations of data from surplus tonnage for resale, his pro ress payments may be made by the com affecting handlers as a group and any rata share of such expenses which the mittee in the same manner, as sufficient data affecting one or more handlers, so Secretary finds will be incurred as afore funds accumulate. Prior to making any long as the identities of the individual said, by the committee during each crop such distribution, the committee shall handlers involved are not disclosed. year. Each handler’s pro rata share of submit to the Secretary a report includ such expenses shall be equal to the ratio ing all pertinent details with respect § 964.65 Records. Each handler shall thereto. The Secretary shall have the maintain such records of all dried figs between the total salable tonnage of right to disapprove, within seven calen handled by him as prescribed by the dried figs handled by him as the first dar days after he receives such infor committee. Such records shall include, handler thereof plus the tonnage sold to mation the making of such a disburse but not necessarily be limited to, the him from surplus tonnage for resale dur ment or any term or condition thereof. quantity of dried figs of each variety ing the applicable crop year, and the to acquired from each person and the name tal salable tonnage dried figs handled by REPORTS AND RECORDS , and address of each such person, total all handlers as the first handlers thereof § 964.60 Report of carryover. Each acquisitions, total sales, and total other plus the tonnage sold to such handlers handler shall, upon request of the com disposition of each variety which he from surplus tonnage for resale, during mittee, file promptly with the committee handles* the same crop year. The Secretary shall a certified report, by varieties, of all fix the rate of assessment to be paid by § 964.66 Verification of reports. For such handlers on the basis of a specified natural condition dried figs and proc the purpose of checking and verifying essed dried figs, separately, which were rate per ton. At any time during or after reports filed by handlers, the commit a crop year the Secretary may increase held by him on January 31 and July 31 tee, through its duly authorized repre of any crop year, which report shall show the rate of assessment to apply to all sentatives, shall have access to any han salable tonnage dried figs handled by the quantity of each variety, and the dler’s premises and shall be permitted to locations thereof. handlers as the first handlers thereof inspect such premises and any dried figs and on all tonnage sold to handlers from § 964.61 Acquisition reports. In the held by such handler, and any and all surplus tonnage for resale during such event a surplus percentage is established records of the handler with respect to crop year to obtain sufficient funds to for any crop year, each handler shall the acquisition, holding or disposition of cover the expenses of the committee. hie with the committee, on request, a dried figs by him. Each handler shall Each handler shall pay such additional certified report showing, with respect to furnish all labor and equipment neces assessment to the committee upon de his acquisitions of each variety of dried sary to make such examinations at no mand. The Secretary shall reduce the figs during the period covered by such expense to the committee. Each han assessment rate applicable to all such rfP°rt: (a) The surplus tonnages refer dler shall store dried figs in a manner tonnage of the particular crop year if he able to his acquisitions; and (b) the lo which will facilitate examination and finds that when thus reduced it will pro cations of those surplus tonnages. Each shall maintain storage records which will vide funds sufficient to enable the com such report shall be filed in such manner permit accurate identification of dried mittee properly to perform its functions and at such times as the committee may figs held by him or disposed of there under this subpart. The payment of as designate. Upon request of the commit- tofore. Insofar as is practicable and sessments for the maintenance and "Ce, each handler shall furnish to the consistent with the carrying out of functioning of the committee may be committee, in such manner and at such the provisions of this subpart, all data required under this part throughout the 6450 PROPOSED RULE MAKING period it is in effect, irrespective of 1 964.82 Derogation. Nothing con such a referendum upon the basis of whether particular provisions thereof tained in this subpart is, or shall be con such a request more than once every two are suspended or become inoperative. strued to be, in derogation or modifica years. (b) Advance payments. In order to tion of the rights of the Secretary or of (c) Termination of act. The provi provide funds to carry out the functions the United States to exercise any powers sions of this subpart shall terminate, in of the committee, the committee may granted by the act or otherwise, or, in any event, upon the termination of the accept advance payments from any han accordance with such powers, to act in act. dler to be credited toward such assess the premises whenever such action is ments as may be levied pursuant to this deemed advisable. § 9Ç4.87 Procedure upon termination. section against the respective handler. Upon' the termination of this subparti (c) Use and refund of excess funds § 964.83 Duration of immunities. The the members of the committee then from assessments. Any money collected benefits, privileges, and immunities con functioning shall continue as joint trus as assessments during any crop year and ferred upon any person by virtue of this tees, for the purpose of liquidating the not expended in connection with the re subpart shall cease upon the termination affairs of the committee. Action by such spective crop year’s operations hereunder of this subpart, except with respect to trustees shall require the concurrence of acts done under and during the existence a majority of the said trustees. Such may be used and shall be refunded by of this subpart. the committee in accordance with the trustees shall continue in such capacity provisions hereof. Such excess funds § 964.84 Agents— (a) Authorization until discharged by the Secretary, and may be used by the committee during by Secretary. The Secretary may, by a shall, from time to time, account for the period of five months subsequent to designation in writing, name any person, all receipts and disbursements, and de such crop year in paying the expenses of including any officer or employee of the liver all property on hand, together with the committee incurred in connection United States Government, or name any all books and records of the committee with the new crop year. The committee bureau or division in the United States and the joint trustees, to such person as shall, however, from funds on hand, in Department of Agriculture, to act as his the Secretary may direct; and shall, cluding assessments collected during the agent or representative in connection upon the request of the Secretary, exe new crop year, distribute or otherwise with any of the provisions of this sub cute such assignments or other instru make available, within six months after part. ; - ments necessary or appropriate to vest the beginning of the new crop year, the (b) Authorization by committee. The in such person full title and right to all aforesaid excess, as verified by audit, to committee may authorize any person or the funds, properties, and claims vested each handler from whom an assessment persons or agency to act as its agent or in the committee or the joint trustees was collected, as aforesaid, in the propor representative in connection with the pursuant to this subpart. Any person to provisions of this subpart. whom funds, property, or claims have tion that the amount of the assessment been transferred or delivered by the paid by the respective handler bears to § 964.85 Effective time. The provi committee or the joint trustees, pur the total amount of the assessments paid sions of this subpart, as well as any suant to this section, shall be subject to by all handlers during said previous crop amendments to this subpart, shall be the same obligations imposed upon the year. Any money collected from assess come effective at such time as the Sec members of the said Committee and ments hereunder and remaining unex retary may declare, and shall continue upon said joint trustees. pended in the possession of the commit in force until terminated, or during sus tee upon the termination hereof shall be pension, in one of the ways specified in § 964.88 Effect qf termination or distributed in such manner as the Secre § 964.86. amendment. Unless otherwise expressly tary may direct. provided by the Secretary, the termi (d) Suits for collection. The com § 964.86 Termination or suspension— nation of this subpart or of any regula mittee may, with the approval of the (a) Failure to effectuate policy of act. tion issued pursuant to this subpart, or Secretary, maintain in its own name, or The Secretary may, at any time, termi the issuance of any amendment to either in the name of its members, a suit nate the provisions of this subpart, by thereof, shall not (a) affect or waive any against any handler for the collection of giving at least one day’s notice by means right, duty, obligation, or liability which such handler’s assessment. of a press release or in any other manner shall have arisen or which may there § 964.72 Funds. All funds received which he may determine. The Secre after arise in connection with any pro by the committee pursuant to the provi tary shall terminate or suspend the op vision of this subpart or any regulation sions of this subpart shall be used solely eration of any or all of the provisions issued under this subpart, or (b) release for the purposes authorized in this sub of this subpart, whenever he finds that or extinguish any violation of this sub part and shall be accounted for in the such provisions do not tend to effectuate part or any regulation issued under this manner provided for in this subpart. the declared policy of the act. subpart, or (c) affect or impair any The Secretary may, at any time, require (b) Referendum. The Secretary shall rights or remedies of the Secretary, or terminate the provisions hereof at the of any other person, with respect to such the committee or its members and alter violation. nate members to account for all receipts end of any crop year whenever he finds and disbursements. that such termination is favored by a § 964.89 Amendments. Amendments majority of the producers of dried figs to this subpart may be proposed from MISCELLANEOUS PROVISIONS who during that crop year have been time to time, by any person or by the § 964.80 Personal liability. No mem engaged in the production for market committee, and may be made a part of ber or alternate member of the commit of dried figs in the State of California: this subpart by the procédures provided tee, or any employee, representative, or Provided, That such majority have dur under the act. agent thereof shall be held personally ing such period produced for market responsible, either individually or jointly more than 50 percent of the volume of § 964.90 Exhibit A—Minimum stand with others, in any way whatsoever, to such dried figs produced for market ards for dried figs—(a) Defective dried any person, for errors in judgment, mis within said State; but such termination figs are the individual specimens of dried figs or separate pieces of sliced dried figs takes or other acts, either of commis shall be effected only if announced on or before July 15 of the then current which are classified as “insect infested”, sion or omission, as such member, alter crop year. The Secretary may, at any “moldy”, “sour”, “filthy” or “worthless” nate member, employee, representative, time he deems desirable, hold a refer as set forth under the heading of “Pig or agent, except for acts of dishonesty. endum of producers to determine Classes” in the bulletin entitled “Pig § 964.81 Separability. If any provi whether they favor termination of this Testing” dated July 1, 1929 by Burton J. sion of this subpart is declared invalid, subpart. However, beginning with 1955, Howard, Pood and Drug Administra or the applicability thereof to any per if the Secretary receives a recommenda tion, United States Department of Agri son, circumstances, or thing is held in tion, adopted by at least a majority vote culture. Such classifications are as fol of the producer members of the com lows: valid, the validity of the remainder of mittee, requesting the holding of such (1) Insect infested. Dried figs are re this subpart or the applicability thereof à referendum, the Secretary shall hold garded as insect infested: Ü) If worms to any other person, circumstance or such a referendum: Provided, That the or insects or their pupae, dead or alive, thing shall not be affected thereby. Secretary shall not be required to hold are present in the interior of the dried Wednesday, October 6, 1954 FEDERAL REGISTER 6451 fig, or (ii) if the excreta are distributed (2) Maximum tolerance of 13 percent signed by the Secretary, all such coun in the interior of the dried fig. insect infested figs. terparts shall constitute, when taken to (2) Moldy. Dried figs are regarded NOTICES DEPARTMENT OF THE TREASURY Specification Subpart 160.002, manufac BUOYANT CUSHIONS, KAPOK, STANDARD tured by Noble Products Company, Box Note: Approved for use on motorboats of United States Coast Guard 327, Caldwell, Ohio. Classes A, 1, or 2 not carrying passengers for [CGFR 54-39] Approval No. 160.002/47/0, Model 6, hire. child kapok life preserver, U. S. C. G. Approval op Equipment; Correction of Specification Subpart 160.002, manufac Approval No. 160.007/85/0, standard Prior D ocument; and Change in N ame tured by Noble Products Company, Box kapok buoyant cushion, U. S. C. G. Speci and Address of Manufacturer 327, Caldwell, Ohio. fication Subpart 160.007, manufactured by A. L. Robertson, Inc., 113 South Gay By virtue of the authority vested in me (R. S. 4405, as amended, and 4462, as amend Street, Baltimore 2, Md. (Extension of as Commandant, United States Coast ed, 46 U. S. C. 375, 416. Interpret or apply the approval published in F ederal R eg Guard, by Treasury Department Order R. S. 4417a, 4426, 4481, 4482, 4488, 4491, 4492, as amended, sec. 11, 35 Stat. 428, secs. 1, 2, ister July 2'7, 1949, effective July 27, No. 120, dated July 31, 1950 (15 F. R. 49 Stat. 1544, secs. 6, 17, 54 Stat. 164, 166, 1954.) 6521), and in compliance with the au sec. 3, 54 Stat. 346, and sec. 5, 55 Stat. 244, Approval No. 160.007/151/0, standard thorities cited with each item of equip 245, as amended; 46 U. S. C. 391a, 404, 474, kapok buoyant cushion, U. S. C. G. Spec ment: It is ordered, That: 475, 481, 489, 490, 396, 367, 526e, 526p, 1333, ification Subpart 160.007, manufactured (a) All the approvals listed in this 50 U. S. C. App. 1275, E. O. 10402, 17 F. R. by Bucyrus Plastics, Inc., Bucyrus, Ohio, document which extend these approvals 9917, 3 CFR, 1952 Supp.; 46 CFR 160.002) Approval No. 160.007/152/0, standard previously published in the F ederal CLEANING PROCESS FOR LIFE PRESERVERS kapok buoyant cushion, U. S. C. G. Spec Register are prescribed and shall be in ification Subpart 160.007, manufactured effect for a period of five years from their Note: Where buoyancy fillers, are not re moved from envelope covers during clean by Carleton Manufacturing Co., 12709 respective dates as indicated at the end ing process. Mathews Street, Carleton, Mich. of each approval, unless sooner canceled Approval No. 160.007/153/0, standard or suspended by proper authority; and, Approval No. 160.006/18/0, Dix Clean kapok buoyant cushion, U. S. C. G. Spec (b) All the other approvals listed in ing Process for kapok life preservers as ification Subpart 160.007, manufactured this document (which are not covered by outlined in letter of June 17, 1949, from by KO Products, 24 North Whittaker paragraph (a) above) are prescribed and Dix Dry Cleaning, 766-70 Thirty-ninth Street, Box 468, New Buffalo, Mich. Street, Brooklyn 32, N. Y. (Extension of shall be in effect for a period of five (R. S. 4405, as amended, and 4462, as years from the date of publication of the approval published in F ederal R eg amended, 46 U. S. O. 375, 416. Interpret or this document in the F ederal R egister ister July 27, 1949, effective July 27, apply secs. 6 and 17, 54 Stat. 164, 166, as unless sooner canceled or suspended by 1954.) amended; 46 U. S. O. 526e, 526p; 46 CFR Proper authority; and, Approval No. 160.006/23/0, Associated 160.007) (c) The document CGFR 54-23 ap Cleaning Process for kapok life preserv BUOYANT CUSHIONS, NON-STANDARD pearing in the F ederal R egister dated ers as outlined in letter dated May 18, June 25, 1954 (19 F. R. 3874r-3877), re 1954, submitted by Associated Cleaners, Note: Approved for use on motorboats of garding approval of equipment, shall be Cornwall at Carolina, Bellingham, Wash. Classes A, 1, or 2 not carrying passengers for hire. corrected as indicated below; and (R. S. 4405, as amended, and 4462, as amend (d) The name and address of the ed, 46 U. S. O. 375, 416. Interpret or apply Approval No. 160.008/614/0, 18" x manufacturer of approved equipment R. S. 4417a, 4426, 4481, 4482, 4488, 4491, 4492, 26x/2" x 2" rectangular buoyant cushion, shall be made as indicated below: as amended, sec. 11, 35 Stat. 428, secs. 1, 2, 42 oz. kapok, dwg. No. 1 dated June 1, 49 Stat. 1544, secs. 6, 17, 54 Stat. 164, 166, 1954, manufactured by Wm. Sommers Ï-IFE PRESERVERS, KAPOK, ADULT AND CHILD sec. 3, 54 Stat. 346, and sec. 5, 55 Stat. 244, Boat Top & Cushion Co., 10428 Duprey, (JACKET TYPE) 245, as amended; 46 U. S. O. 391a, 404, 474, 475, 481, 489, 490, 396, 367, 526e, 626p, 1333, Detroit 24, Mich. Approval No. 160.002/46/0, Model 2, 50 U. S. C. App. 1275, E. O. 10402, 17 F. R. Approval No. 160.008/616/0, 15" x 15" adult kapok life preserver, U. S. C. G. 9917, 3 CFR, 1952 Supp.; 46 CFR 160.006) x 2" rectangular buoyant cushion, 20 oz. 6452 NOTICES kapok, dwg. No. 502 B. C. dated May 26, and Boat Division of Continental Copper tured by The Deming Company, Salem, 1954, revised July 7, 1954, manufactured & Steel Industries, Inc., Perth Amboy, Ohio. by Swan Products Co., Inc., 61 East N. J. (Reinstates and supersedes Ap Approval No. 160.044/11/0, size No. 2 Eleventh Street, New York 3, N. Y. proval No. 160.035/52/0 terminated in lifeboat bilge pump, identified by master Approval No. 160.008/618/0, 13" x 18" F e d e r a l R e g is t e r October 1, 1952.) dwg. No. E-2450, rev. A, dated July 8, x2" rectangular buoyant cushion, 21 oz. Approval No. 160.035/97/1, 22.0' x 7.5' 1954, manufactured by Blackmer Pump kapok, dwg. No. 502, dated July 12,1954, x 3.17' steel, motor-propelled lifeboat Co., Grand Rapids, Mich. manufactured by Atlas Products, 2459 without radio cabin (Class B ), 25-person (R. S. 4405, as amended, and 4462, as University Avenue, St. Paul 14, Minn. capacity, identified by general arrange amended, 46 U. S. C. 375, 416. Interpret or Approval No. 160.008/619/0, 15" x 15" ment and construction dwg. No. 49R- apply R. S. 4417a, as amended, 4426, as x 2" rectangular buoyant cushion, 20 oz. 2219C, dated March 22,1954, and revised amended, 4488, as amended, 4491, as amend kapok, dwg. No. 504, dated July 12, 1954, May 6,1954, manufactured by Lane Life ed, secs. 1 and 2, 49 Stat. 1544, sec. 3, 54 Stat. manufactured by Atlas Products, 2459 boat & Davit Corp., 8920 Twenty-sixth 346, as amended, sec. 5, 55 Stat. 244, 245, as University Avenue, St. Paul 14, Minn. Avenue, Brooklyn 14, N. Y. (Reinstates amended; 46 U. S. C. 391a, 404, 481, 489, 367, 50 U. S. C. App. 1275, E. O. 10402, 17 F. R. Approval No. 160.008/620/0, 15" x 15" and supersedes Approval No. 160.035/- 9917, 3 CFR, 1952 Supp.; 46 CFR 160.044) x 2" rectangular buoyant cushion, 20 oz. 97/0 terminated in F e d e r a l R e g is t e r kapok, dwg. No. 505, dated July 12, 1954, October 1, 1952.) LIGHTS (WATER), ELECTRIC, FLOATING, AU manufactured by Atlas Products, 2459 Approval No. 160.035/187/1, 36.0 x 9.0' TOMATIC (WITH BRACKET FOR MOUNT University Avenue, St. Paul 14, Minn. x 3.83' steel, oar-propelled lifeboat, 53- ING) Approval No. 160.008/621/0, 15" x 15" person capacity, identified by construc Approval No. 161.001/2/0, light (wa x 2" rectangular buoyant cushion, 20 oz. tion and arrangement dwg. No. 3201, ter), electric, floating, automatic (with kapok, dwg. No. 508, dated July 12, 1954, dated December 14, 1953, and revised bracket for mounting), dwg. No. E-851, manufactured by Atlas Products, 2459 July 13, 1954, manufactured by Welin alt. 2 (sheets-1 and 2), dated June 1, University Avenue, St. Paul 14, Minn. Davit and Boat Division of Continental 1949, manufactured by C. C. Galbraith & (R. S. 4405, as amended, and 4462, as Copper & Steel Industries, Inc., Perth Son Electric Corp., 450-54 Avenue of the amended, 46 U. S. C. 375, 416. Interpret or Amboy, N. J. (Reinstates and supersedes Americas, New York 11, N. Y. (Exten apply secs. 6 and 17, 54 Stat. 164, 166, as Approval No. 160.035/187/0 terminated sion of the approval published in F ederal amended; 46 U. S. O. 526e, 526p; 46 CFR in F e d e r a l R e g is t e r August 7, 1953.) 160.008) R egister July 27, 1949, effective July 27, Approval No. 160.035/261/1, 34.0' x 1954.) BUOYANT APPARATUS 7.75' x 3.33' aluminum, oar-propelled Approval No. 160.010/13/1, 5.17' x lifeboat, 37-person capacity, identified by (R. S. 4405, as amended, and 4462, as construction and arrangement dwg. No. amended, 46 U. S. C. 375, 416. Interpret or 2.67' (7" dia. body section) elliptical, apply R. S. 4417a, as amended, 4426, as hollow aluminum buoyant apparatus, 3300, dated August 25, 1949, and revised amended, 4488, as amended, 4491, as amend 5- person capacity, dwg. No. 3135, dated June 18, 1954, manufactured by Welin ed, secs. 1, 2, 49 Stat. 1544, as amended, September 30, 1946, revised July 9, 1954, Davit and Boat Division of Continental sec. 3, 54 Stat. 346, sec. 5, 55 Stat. 244, 245, as manufactured by Welin Davit and Boat Copper & Steel Industries, Inc., Perth amended; 46 U. S. C. 391a, 404, 481, 489, 367, Division of Continental Copper & Steel Amboy, N. J. (Supersedes Approval No. 1333, 50 U. S. C. App. 1275, E. 0 . 10402, 17 F. R. Industries, Inc., Perth Amboy, N. J. 160.035/261/0 published in F e d e r a l R e g 9917, 3 CFR,‘ 1952 Supp.; 46 CFR 161.001) is t e r October 3, 1950.) (Reinstates and supersedes Approval No. VALVES, SAFETY (POWER BOILERS) 160.010/13/0 terminated in F e d e r a l R e g Approval No. 160.035/329/0, 24.0' x 8.0' Approval No. 162.001/106/1, Series i s t e r November 22, 1952.) x 3.5' steel, motor-propelled lifeboat without radio cabin (Class B ), 40-person ME-310, carbon steel body pop safety (R. S. 4405, as amended, and 4462, as valve, exposed spring, maximum pres amended, 46 U. S. C. 375, 416. Interpret or capacity, identified by general arrange apply R. S. 4417a, as amended, 4426, as ment dwg. No. G-2440M dated, May 17, sure 515 p. s. i., maximum temperature amended, 4488, as amended, 4491, as 1954, and revised June 29, 1954, manu 650° F., dwg. No. A1047S, dated July 29, amended, secs. 1 and 2, 49 Stat. 1544, 6ecs. factured by C. C. Galbraith & Son, Inc., 1948, approved for sizes IVz", 2", 2Vz", 6 and 17, 54 Stat. 164, 166, as amended, sec. 99 Park Place, New York 7, N. Y. 3" and 4", manufactured by J. E. 3, 54 Stat. 346, as amended, and sec. 5, 55 (R. S. 4405, as amended, and 4462, as amend Lonergan Co., Second and Race Streets, Stat. 244, 245, as amended; 46 U. S. C. 391a, Philadelphia 6, Pa. (Supersedes Ap 404, 481, 489, 367, 526e, 526p, 1333, 50 U. S. C. ed, 46 U. S. C. 375, 416. Interpret or apply 1275; E. O. 10402, 17 F. R. 9917, 3 CFR, 1952 R. S. 4417a, as amended, 4426, as amended, proval No. 162.001/106/0 published in Supp.; 46 CFR 160.010) 4481, as amended, 4488, as amended, 4491, as the F ederal R egister August 9, 1949.) amended, 4492, as amended, sec. 11, 35 Stat. Approval No. 162.001/107/1, S e rie s LIFEBOATS 428, as amended, secs. 1 and 2, 49 Stat. 1544, VM-320, carbon steel body pop s a f e ty as amended, sec. 3, 54 Stat. 346, sec. 5, 55 Stat. Approval No. 160.035/27/2, 28.0' x 9.0' 244, 245, as amended; 46 U. S. C. 391a, 404, valve, exposed spring, maximum p re s s u re x 4.0' steel, oar-propelled lifeboat, 59- 474, 481, 489, 490, 396, 367, 1333, 50 U. S. C. 365 p. s. i., maximum temperature 800° person capacity, identified by general ar App. 1275, E. O. 10402, 17 F. R. 9917, 3 CFR, F., dwg. No. A1047S, dated July 29, 1948, rangement dwg. No. G-2859, dated June 1952 Supp.; 46 CFR 160.035) approved for sizes W z”, 2", 2 W * 3" and 4", manufactured by J. E. L o n e r g a n 10, 1948, and revised July 17, 1952, man JACKKNIFE (W ITH CAN OPENER) ufactured by C. C. Galbraith & Son, Inc., Co., Second and Race Streets/ P h i l a d e l 99 Park Place, New York 7, N. Y. (Rein Approval No. 160.043/2/0, No. 850 jack phia 6, Pa. (Supersedes Approval No. states and supersedes Approval No. knife (with can opener), dwgs. PR-110- 162.001/107/0 published in the F ederal 160.035/27/1 terminated in F e d e r a l R e g 15 and PR^-110-24, dated June 22, 1954, R egister August 9, 1949.) i s t e r March 25, 1954.) manufactured by Imperial Knife Co., Approval No. 162.001/109/1, S e rie s Approval No. 160.035/31/1, 12.0' x Inc., Imperial Place, Providence, R. I. VM-410, carbon steel body pop s a f e ty 4.42' x 1.92' steel, oar-propelled lifeboat, (R. S. 4405, as amended, and 4462, as valve, exposed spring, maximum p r e s s u re 6- person capacity, identified by con amended, 46 U. S. C. 375, 416. Interpret or 1030 p. s. i., maximum temperature 650° struction and arrangement dwg. No. apply R. S. 4417a, as amended, 4426, as F., dwg. No. A1048S, dated July 29,1948, 3127, dated June 3, 1954, and revised amended, 4488, as amended, 4491, as amend approved for sizes l 1/^", 2", 21/£", 3" July 14, 1954, manufactured by Welin ed, sec. 11, 35 Stat. 428, as amended, secs. and 4", manufactured by J. E. L o n e r g a n 1 and 2, 49 Stat. 1544, sec. 3, 54 Stat. 346, as Co., Second and Race Streets, P h i l a d e l Davit and Boat Division of Continental amended, sec. 5, 55 Stat. 244, 245, as amend Copper & Steel Industries, Inc., Perth ed; 46 U. S. C. 391a, 404, 481, 489, 396, 367, 50 phia 6, P a . (Supersedes Approval No. Amboy, N. J. (Reinstates and supersedes U. S. S. App. 1275, E. O. 10402, 17 F. R. 9917, 162.001/109/0 published in the F ederal Approval No. 160.035/31/0 terminated in 3 CFR, 1952 Supp.; 46 CFR, 1952 Supp.; 46 R e g is t e r August 9,1949.) F e d e r a l R e g is t e r October 1, 1952.) CFR 160.043) Approval No. 162.001/110/1, Series Approval No. 160.035/52/1, 26.0 x 9.0' VM-420, carbon steel body pop safety x 3.67' steel, oar-propelled lifeboat, 50- PUMPS, LIFEBOAT, BILGE valve, exposed spring, maximum pres person capacity, identified by construc Approval No. 160.044/7/0, size No. 2 sure 730 p. s. i., maximum temperature tion and arrangement dwg. No. 1456-D, lifeboat bilge pump constructed in ac 800° F., dwg. No. A1048S, dated July 29, dated April 23, 1954, and revised June cordance with master dwg. No. J-45821/^, 1948, approved for sizes IV2", 2", 2 15, 1954, manufactured by Welin Davit rev. B, dated January 8, 1953, manufac 3" and 4", manufactured by J. E. Lon* Wednesday, October 6, 1954 FEDERAL REGISTER 6453 ergan Co., Second and Race Streets, (R. S. 4405» 4417a, 4418, 4426, 4433 , 4434, guisher, assembly dwg. No. AC24-0-52, Philadelphia 6, Pa. (Supersedes Approval 4491, as amended, secs. 1 and 2, 49 Stat. 1544, dated May 21, 1952, name plate dwg. No. No. 162.001/110/0 published in the F ed sec. 3, 54 Stat. 346, and sec. 5, 55 Stat. 244, 245, as amended; 46 U. S. C. 367, 375, 391a, AC24-28-51, dated April 28, 1953 (Coast eral Register August 9, 1949.) 392, 404, 411, 412, 489, 1333, 50 U. S. C. App. Guard Classification: Type B, Size I; and Approval No. 162.001/112/1, Series 1275; 46 CPR Part 52) Type C, Size I), manufactured by Stop- VM-510, carbon steel body pop safety Fire, Inc.) 125 Ashland Place, Brooklyn, valve, exposed spring, maximum pres FIRE EXTINGUISHERS, PORTABLE, HAND, 1, N. Y. sure 1030 p. s. i., maximum temperature VAPORIZING LIQUID TYPE Approval No. 162.004/92/0, Stop-Fire 650° F., dwg. No. A1049S, dated July 29, Approval No. 162.004/35/1, Pyrene IV2- Redi-Grip, Model AB-26, 1-gal. chloro- 1948, approved for sizes IV2", 2", 2y2", quart carbon tetrachloride vaporizing bromomethane vaporizing liquid stored 3" and 4", manufactured by J. E. Lon- liquid type hand portable fire extin pressure type hand portable fire extin ergan Co., Second and Race Streets, guisher, assembly dwg. No. B-4593, Alt. guisher, assembly dwg. No. A26-0-52, Philadelphia 6, Pa. (Supersedes Ap 19, dated October 27, 1947, name plate dated February 5, 1953, name plate dwg. proval No. 162.001/112/0 published in dwg. No. A-9076, Alt. 3, dated January No. A26-28-51, dated December 2, 1951 the Federal R egister August 9, 1949.) 23, 1948 (Coast Guard Classification: (for tank barges only), manufactured Approval No. 162.001/113/1, Series VM- Type B, Size I;, and Type C, Size I ), man by Stop-Fire, Inc., 125 Ashland Place, 520, carbon steel body pop safety valve, ufactured by Pyrene Manufacturing Co., Brooklyn 1, N. Y. exposed spring, maximum pressure 730 560 Belmont Avenue, Newark 8, N. J. Approval No. 162.004/93/0, Stop-Fire p. s. i., maximum temperature 800° F.t (Extension of the approval published in Redi-Grip, Model AC-26, 1-gal. carbon dwg. No. A1049S, dated July 29,1948, ap F ederal R egister August 9, 1949, effec tetrachloride vaporizing liquid stored proved for sizes IV2", 2", 21/£", 3” and tive August 9, 1954.) pressure type hand portable fire extin 4", manufactured by J. E. Lonergan Co., Approval No. 162.004/86/0, Stop-Fire guisher, assembly dwg. No. A26-0-52, Second and Race Streets, Philadelphia 6, Redi-Grip, Model AB-20, 1-qt. chloro- dated February 5, 1953, name plate dwg. Pa. (Supersedes Approval No. 162.001/ bromomethane vaporizing liquid stored No .A26-28-51, dated December 2, 1951 113/0 published in the F ederal R egister pressure type hand portable fire extin (for tank barges only), manufactured by August 9, 1949.) guisher, assembly dwg. No. AC20-0-52, Stop-Fire, Inc., 125 Ashland Place, Approval No. 162.001/131/1, Series dated March 10, 1953, name plate dwg. Brooklyn 1, N. Y. VMX-310, carbon steel body duplex pop No. AC20—28-52 dated April 28, 1953 (R. S. 4405, 4417a, 4426, 4479, 4491, 4492, as safety valve, exposed spring, maximum (Coast Guard Classification: Type B, amended, 49 Stat. 1544, 54 Stat. 165, 166, 346, pressure 415 p. s. i., maximum tempera Size I; and Type C, Size I), manufac 1028, and sec. 5, 55 Stat. 244, 245, as amended; ture 650° F., dwg. No. F-145, dated De tured by Stop-Fire, Inc., 125 Ashland 46 U. S. C. 367, 375, 391a, 404, 463a, 472, 489, cember 10, 1946, approved for sizes 2", Place, Brooklyn 1, N. Y. 490, 526g, 526p, 1333, 50 U. S. C. 1275, 46 CFR 21/2", 3" and 4", manufactured by J. E. Approval No. 162.004/87/0, Stop-Fire 25.30, 34.25-1, 76.50, 95.50) Lonergan Co., Second and Race Streets, Redi-Grip, Model AC-20, 1-qt. carbon FIRE EXTINGUISHERS, PORTABLE, HAND, Philadelphia 6, Pa. (Supersedes Ap tetrachloride vaporizing liquid stored CARBON DIOXIDE TYPE proval No. 162.001/131/0 published in pressure type hand portable fire extin Approval No. 162.005/50/0, Fyr-Fyter the Federal R egister August 9, 1949.) guisher, assembly dwg. No. AC20-0-52, Model 33-5, 5-lb. carbon dioxide type Approval No. 162.001/132/1, Series dated March 10, 1953, name plate dwg. hand portable fire extinguished, assem VMX-410, carbon steel body duplex pop No. AC20-28-52 dated April 28, 1953 bly dwg. No. 33-5, rev. B, dated October safety valve, exposed spring, maximum (Coast Guard Classification: Type B, 26, 1953, name plate dwg. No. 4665, rev. pressure 600 p. s. i., maximum tempera Size I; and Type C, Size I),* manufac A, dated April 6, 1953 (Coast Guard ture 650° F., dwg. No. F-145, dated De tured by Stop-Fire, Inc., 125 Ashland Classification: Type B, Size I; and Type cember 10, 1946, approved for sizes 2", Place, Brooklyn 1, N. Y. C, Size I), manufactured by The Fyr- IV2", 3" and 4", manufactured by J. E. Approval No. 162.004/88/0, Stop-Fire Fyter Co., Dayton 1, Ohio. Lonergan Co., Second and Race Streets, Redi-Grip Model AB-22, l^ -q t. chloro- Approval No. 162.005/51/0, Fyr-Fyter Philadelphia 6, Pa. (Supersedes Ap bromomethane vaporizing liquid stored Model 34-5, 10-lb. carbon dioxide type proval No. 162.001/132/0 published in the pressure type hand portable fire extin hand portable fire extinguisher, assem Federal R egister August 9, 1949.) guisher, assembly dwg. No. A22-0-52, bly dwg. No. 34-5, rev. C, dated Novem Approval No. 162.001/133/1, Series dated June 25, 1952, nameplate dwg. No. ber 27, 1953, name plate dwg. No. 4667, VMX-510, carbon steel body duplex pop A22-28-52 dated April 28, 1953 (Coast rev. A, dated April 6, 1953 (Coast Guard safety valve, exposed spring, maximum Guard Classification: Type B, Size I; Classification: Type B, Size I; and Type pressure 600 p. s. i., maximum tempera and Type C, Size I), manufactured by C, Size I), manufactured by The Fyr- ture 650° F., dwg. No. F-145, dated De Stop-Fire, Inc., 125 Ashland Place, Fyter Co., Dayton 1, Ohio. cember 10, 1946, approved for sizes 2" Brooklyn 1, N. Y. Approval No. 162.005/52/0, Fyr-Fyter and 21/2,\ manufactured by J. E. Loner Approval No. 162.004/89/0, Stop-Fire Model 35-5, 15-lb. carbon dioxide type gan Co., Second and Race Streets, Phila Redi-Grip, Model AC-22, lVfe-qt. carbon hand portable fire extinguisher, assem delphia 6, Pa. (Supersedes Approval No. tetrachloride vaporizing liquid stored bly dwg. No. 35-5, rev. C, dated Novem 162.001/133/0 published in the F ederal pressure type hand portable fire extin ber 27, 1953, name plate dwg. No. 4669, Register August 9, 1949.) guisher, assembly dwg. No. A22-0-52, rev. A, dated April 6, 1953 (Coast Guard (R. S. 4405, as amended, and 4462, as dated June 25, 1952, name plate dwg. Classification: Type B, Size II; and Type amended, 46 U. S. C. 375, 416. Interpret or No. A22-28-52, dated April 28, 1953 C, Size II), manufactured by The Fyr- aPPly R. S. 4417a, as amended, 4418, as (Coast Guard Classification: Type B, Fyter Co., Dayton 1, Ohio. amended, 4426, as amended, 4433, as amend- Size I; and Type C, Size I), manufac Approval No. 162.005/53/0, Buffalo ikJm4491, as amended, secs. 1 and 2, 49 Stat. tured by Stop-Fire, Inc., 125 Ashland Better-Built Model 33-6, 5-lb. carbon 1544> as amended, sec. 3, 54 Stat. 346, as Place, Brooklyn 1, N. Y. amended, and sec. 5, 55 Stat. 244, 245, as dioxide type hand portable fire extin amended; 46 U. S. C. 391a, 392, 404, 411, 489, Approval No. 162.004/90/0, Stop-Fire guisher, assembly dwg. No. 33-6, rev. B, ;;7>1333. so u. s. c. App. 1275, e. o. 10402, Redi-Grip, Model AB-24, 21/j-qt. chloro- dated October 26, 1953, name plate dwg. R- 9917, 3 CPR, 1952 Supp.; 46 CFR bromomethane vaporizing liquid stored No. 4666, rev. A, dated April 6, 1953 162.001) pressure type hand portable fire extin (Coast Guard Classification: Type B, BOILERS, HEATING guisher, assembly dwg. No. AC24-0-52, Size I; and Type C, Size I), manufac dated May 21,1952, name plate dwg. No. tured by Buffalo Fire Appliance Corp., Approval No. 162.003/158/0, C-2800-L £024-28-51, dated April 28, 1953 (Coast Dayton 1, Ohio. |teel plate steam heating boiler, dwg. No. Guard Classification: Type B, Size I; J-7716A, Alt. A, dated May 17,1954, and Approval No. 162.005/54/0, Buffalo owg. No. G-7626, dated April 29, 1954, and Type C, Size I), manufactured by Better-Built Model 34-6, 10-lb. carbon Stop-Fire, Inc., 125 Ashland Place, dioxide type hand portable fire extin maximum design pressure 30 p. s. i., ap Brooklyn 1, N. Y. guisher, assembly dwg. No. 34-6, rev. proval limited to bare boiler, manufac Approval No. 162.004/91/0, Stop-Fire C, dated November 27, 1953, name plate tured by Cyclotherm, Division of United Redi-Grip, Model AC-24, 2^-qt. carbon dwg. No. 4668, Rev. A, dated April 6, States Radiator Corp., Oswego, N. Y. tetrachloride vaporizing liquid stored 1953 (Coast Guard classification: Type No. 194------5 pressure type hand portable fire extin B, Size I; and Type C, Size I), manu- 6454 NOTICES factured by Buffalo Fire Appliance Corp., Size II; and Type C, Size II), manufac 10402, 17 F. R. 9917, 3 CFR, 1952 Supp.; 46 Dayton 1, Ohio. tured by The General Pacific Corp., 1501 CFR 162.017) Approval No. 162.005/55/0, Buffalo East Washington Boulevard, Los Angeles GAUGING DEVICES, LIQUID LEVEL, LIQUEFIED Better-Built Model 35-6, 15-lb. carbon 21, Calif. COMPRESSED GAS dioxide type hand portable fire extin (R. S. 4405, 4417a, 4426, 4479, 4491, 4492, as guisher, assembly dwg. No. 35-6, rev. C, amended, 49 Stat. 1544, 54 Stat. 165, 166, Approval No. 162.019/1/1, Reg. No. dated November 27, 1953, name plate 346, 1028, and sec. 5, 55 Stat. 244, 245, as 2148R liquefied petroleum gas slip tube dwg. No. 4670, rev. A, dated April 6, 1953 amended; 46 U. S. C. 367, 375, 391a, 404, 463a, liquid level gauge, dwg. No. 2148R, rev. (Coast Guard classification: Type B, Size 472, 490, 526g, 526p, 1333, 50 U. S. C. App. B, dated September 5, 1950, manufac II; and Type C, Size II), manufactured 1275; 46 CFR 25.30, 34.25, 76.50, 95.50) tured by The Bastian-Blessing Co. 4201 by Buffalo Fire Appliance Corp., Dayton VALVES, RELIEF (HOT WATER HEATING West Peterson Avenue, Chicago 30, HI. 1, Ohio. BOILERS) (Supersedes approval No. 162.019/10/0 Approval No. 162.005/77/0, General published in the F e d e r a l R e g is t e r Oc Quick Aid Sno Fog Fire Guard, Model Approval No. 162.013/12/1, McDonnell tober 7, 1949.) 5AKR (Symbol GE or GEN), 5-lb. car No. 230—%" relief valve for hot water Approval No. 162.019/2/1, Model No. bon dioxide type hand portable fire ex heating boiler, relieving capacity 303,000 62B liquefied compressed gas slip tube tinguisher, assembly dwg. No. BC-205- B. t. u. per hour, at maximum set pres liquid level gauge, dwg. No. 107, sheets XB, rev. A, dated May 7,1953, name plate sure of 30 p. s. i., dwg. No. 230, dated 1 to 15, rev. 9, dated May 23,1951, manu dwg. No. CG-205-2, rev. F, dated July October 9, 1951, approved for %" inlet factured by the Metal Goods Manufac 29, 1953 (Coast Guard Classification: size, manufactured by McDonnell & turing Co., 106-110 South Park Avenue, Type B, Size I; and Type C, Size I), Miller, Inc., 3500 North Spaulding Ave Bartlesville, Okla. (Supersedes Ap manufactured by The General Detroit nue, Chicago 18, 111. (Supersedes Ap proval No. 162.019/2/0 published in the Corp., 2272 East Jefferson Avenue, De proval No. 162.013/12/0 published in the F e d e r a l R e g is t e r October 7, 1949.) troit 7, Mich. F e d e r a l R e g is t e r November 22, 1952.) Approval No. 162.019/3/1, Model No. Approval No. 162.005/78/0, General (R. S. 4405, as amended, and 4462, as amend 62D liquefied compressed gas slip tube Quick Aid Sno Fog Fire Guard, Model ed, 46 U. S. C. 375, 416. Interpret or apply liquid level gauge, dwg. No. 106, sheets 10R28 (Symbol GE or GEN), 10-lb. car R. S. 4417a, as amended, 4418, as amended, 1 to 14, rev. 3, dated January 29, 1953, bon dioxide type hand portable fire ex 4426, as amended, 4433, as amended, 4491, manufactured by the Metal Goods Man tinguisher, assembly dwg- No. BC-210- as amended, secs. 1 and 2, 49 Stat. 1544, as amended, sec. 3, 54 Stat. 346, as amended, ufacturing Co., 106-110 South Park Ave XB, dated August 11, 1953, name plate sec. 5, 55 Stat. 244, 245, as amended; 46 nue, Bartlesville, Okla. (Supersedes Ap dwg. No. CG-210-A1, revised August 11, U. S. C. 391a, 392, 404, 411, 489, 367, 1333, 50 proval No. 162.019/3/0 published in the 1953 (Coast Guard Classification: Type U. S. C. App. 1275, E. O. 10402, 17 F. R. 9917, F e d e r a l R e g is t e r October 7, 1949.) B, Size I; and Type C, Size I), manu 3 CFR, 1952 Supp.; 46 CFR 162.013) (R. S. 4405, 4417a, 4491, and sec. 5, 55 Stat. factured by The General Detroit Corp., FLAME ARRESTERS FOR TANK VESSELS 244, 245, as amended; 46 U. S. C. 375, 391a, 2272 East Jefferson Avenue, Detroit 7, 489, 50 U. S. C. 1275, 46 CFR Part 38) Mich. Approval No. 162.016/31/1, Type “LT” Approval No. 162.005/79/0, General flame arrester, open atmospheric pat APPLIANCES, LIQUEFIED PETROLEUM GAS Quick Aid Sno Fog Fire Guard, Model tern, semi-steel body, copper or alumi CONSUMING 15R28 (Symbol GE or GEN), 15-lb. car num alloy arrester elements, dwg. No. Approval No. 162.020/19/0, Garland bon dioxide type hand portable fire ex TS-1, rev. August 15, 1950, approved for No. 14-00 deep fat fryer for liquefied pe tinguisher, assembly dwg. No. BC-215- sizes 6", 8", and 10", manufactured by troleum gas service, approved by the XB, dated August 11, 1953, name plate The Staytite Company, 3606-12 Polk American Gas Association, Inc., under dwg. No. CC-215-A1, revised August 11, Avenue, Houston 3, Tex. (Supersedes Certificate No. 13-7-1.001, manufactured 1953 (Coast Guard Classification: Type Approval No. 162.016/31/0 published in by the Detroit-Michigan Stove Co., 6900 B, Size II; and Type C, Size II), manu the F e d e r a l R e g is t e r January 12, 1950.) Jefferson Avenue East, Detroit 31, Mich. factured by The General Detroit Corp., Approval No. 162.016/32/1, Type (Extension of the approval published in 2272 East Jefferson Avenue, Detroit 7, “OST” flame arrester, open atmospheric F e d e r a l R e g is t e r August 9, 1949, effec Mich. pattern, semi-steel body, copper or alu tive August 9, 1954.) Approval No. 162.005/80/0, General minum alloy arrester elements, dwg. No. Approval No. 162.020/59/0, Model No. Quick Aid Sno Fog Fire Guard, Model TS-2, rev. August 14, 1950, approved for 5331, range for liquefied petroleum gas 5AKR (Symbol GEP), 5-lb. carbon diox sizes 3" and 4", manufactured by The service, approved by the American Gas ide type hand portable fire extinguisher, Staytite Company, 3606-12 Park Avenue,- Association, Inc., under Certificate No. assembly dwg. No. BC-205-XB, rev. A, Houston 3, Tex. (Supersedes Approval 1-Í923-19.11, -21.1, -24.1, -26.1 and 27.1) dated May 7, 1953, name plate dwg. No. No. 162.016/32/0 published in the F e d .001, manufactured by RCA Estate Ap CC-205-2, rev. F, dated July 29, 1953 e r a l R e g is t e r January 12, 1950.) pliance Corp., Hamilton, Ohio. (Coast Guard Classification: Type B, (R. S. 4405, as amended, and 4462, as amend Approval No. 162.020/60/0, Model No. Size I; and Type C, Size I), manufac ed, 46 U. S. C. 375, 416. Interpret or apply 5333, range for liquefied petroleum gas tured by The General Pacific Corp., 1501 R. S. 4417a, as amended, 4491, as amended, service, approved by the American Gas East Washington Boulevard, Los Angeles sec. 5, 55 Stat. 244, 245, as amended; 46 Association, Inc., under Certificate No. 21, Calif. U. S. C. 391a, 489, 50 U. S. C. App. 1275, E. O. l-(923-19.11, -21.1, -24.1, -26.1 and 27.1) Approval No. 162.005/81/0, General 10402, 17 F. R. 9917, 3 CFR, 1952 Supp.; 46 .001, manufactured by RCA Estate Ap Quick Aid Sno Fog Fire Guard, Model CFR 162.016) pliance Corp., Hamilton, Ohio. 10R28 (Symbol GEP), 10-lb. carbon VALVES, PRESSURE-VACUUM RELIEF AND Approval No. 162.020/61/0, Model No. dioxide type hand portable fire extin SPILL 5335, range for liquefied petroleum gas guisher, assembly dwg. No. BC-210-XB, service, approved by the American Gas dated August 11, 1953, name plate dwg. Approval No. 162.017/67/1, Figure No. Association, Inc., under Certificate No. No. CC-210-A1, revised August 11, 1953 130, pressure-vacuum relief valve, en l-(923-19.11, -21.1, -24.1, -26.1 and 27.1) (Coast Guard Classification: Type B, closed pattern, weight-loaded poppets, .001, manufactured by RCA Estate Ap Size I; and Type C, Size I), manufac bronze or nickel cast iron body, dwg. No. pliance Corp., Hamilton, Ohio. tured by The General Pacific Corp. ,1501 130-A, rev. 2, dated July 1, 1954, ap Approval No. 162.020/62/0, Model No. East Washington Boulevard, Los Angeles proved for sizes 3", 4", 5" and 6", man 5337, range for liquefied petroleum gas 21, Calif. ufactured by Mechanical Marine Co., service, approved by the American Gas Approval No. 162.005/82/0, General Inc., 17 Battery Place, New York 4, N. Y. Association, Inc., under Certificate No. Quick Aid Sno Fog Fire Guard, Model (Supersedes Approval No. 162.017/67/0 l-(923-19.11, -21.1, -24.1, -26.1 and 27.1) published in the F e d e r a l R e g is t e r Octo .001, manufactured by RCA E s ta te 15R28 (Symbol GEP), 15-lb. carbon ber 11, 1952.) dioxide type hand portable fire extin Appliance Corp., Hamilton, Ohio. guisher, assembly dwg. No. BC-215-XB, (R. S. 4405, as amended, and 4462, as amend Approval No. 162.020/64/0. Model No. dated August 11, 1953, name plate dwg. ed, 46 U. S. C. 375, 416. Interpret or apply 5339, range for liquefied petroleum gas R. S. 4417a, as amended, 4491, as amended, service, approved by the American Gas No. CC-215-A1, revised August 11, 1953 sec. 5, 55 Stat. 244, 245, as amended; 46 Association, Inc., under Certificate No. (Coast Guard Classification: Type B, U. S. C. 391a, 489, 50 U. S. C. App. 1275, E. O. 1-023-19.11, -21.1, -24.1, -26.1 and 27.1) Wednesday, October 6, 1954 FEDERAL REGISTER 6455 .001, manufactured by RCA Estate Ap Termination of Approval No. type, exposed spring, fitted with spring pliance Corp., Hamilton, Ohio. 160.007/92/0, standard kapok buoyant cover, 300 pounds per square inch pri Approval No. 162.020/64/0, Model No. cushion, U. S. C. G. Specification Subpart mary service pressure rating, 900° F. 5341, range for liquefied petroleum gas 160.007, manufactured by California maximum temperature, dwg. No. A- service, approved by the American Gas Cushion Company, 1728 Industrial Way, 1047S, dated July 29, 1948, and dwg. No. Association, Inc., under Certificate No. Los Angeles 23, Calif. (Approved F ederal B-1700S, dated February 2, 1949, ap 1-023-19.11, -21.1, -24.1, -26.1 and 27,1) R egister February 8, 1950.) proved for sizes iy2", 2", 2V2", 3" and .001, manufactured by RCA Estate Ap (R. S. 4405, as amended, and 4462, as 4", manufactured by J. E. Lonergan Co., pliance Corp., Hamilton, Ohio. amended, 46 U. S. C. 375, 416. Interpret or Second and Race Streets, Philadelphia 6, (R. S. 4405, 4417a, 4426, 4491, secs. 1, 2, 49 apply secs. 6 and 17, 54 Stat. 164, 166, as Pa. (Approved F ederal R egister August Stat. 1544, sec. 2, 54 Stat. 1028, and sec. 5, amended; 46 U. S. C. 526e, 526p; 46 CFR 9, 1949. Termination of approval effec 55 Stat. 244, 245, as amended; 46 U. S. C. 367, 160.007) tive August 9, 1954.) 375, 391a, 404, 463a, 489, 1333, 50 U. S. C. App. BUOYANT CUSHIONS, NON-STANDARD Termination of Approval No. 162.001/ 1275; 46 CFR 55.16-10) 111/0, Series VM-430, alloy steel body Termination of Approval No. CORRECTION OF PRIOR DOCUMENT pop safety valve, flanged nozzle type, ex 160.008/423/0, x 20" x 2V2" rec posed spring, fitted with spring cover, The Coast Guard Document CGFR tangular buoyant cushion, 39 oz. kapok, 600 pounds per square inch primary serv 54-23 and Federal Register Document dwg. dated November 28,1949, manufac ice pressure rating, 900° F. maximum 54-4834 published in the F ederal R egis tured by Bilt-Rite Sailmakqrs, 1342 temperature, dwg. No. A-10483, dated ter of June 25, 1954, is corrected by Eleventh Street, Long Beach, Calif. July 29,1948, and dwg. No. B-1700S, dat substituting the word “cork” for “rock” (Approved F ederal R egister January ed February 2, 1949, approved for sizes for Approval No. 160.009/31/0 under the 12, 1950.) iy2", 2", 2y2", 3" and 4", manufactured heading “Buoys, Life, Ring, Cork or (R. S. 4405, as amended, and 4462, as by J. E. Lonergan Co., Second and Race Balsa Wood” (19 F. R. 3875). amended, 46 U. S. C. 375, 416. Interpret or Streets, Philadelphia 6, Pa. (Approved CHANGE IN NAME AND ADDRESS OF apply secs. 6 and 17, 54 Stat. 164, 166, as F ederal R egister August 9, 1949. Ter amended; 46 U. S. C. 526e, 526p; 46 CFR MANUFACTURER mination of approval effective August 9, 160.008) 1954.) The name and address of Garden City WINCHES, LIFEBOAT Termination of Approval No. 162.001/ Renovating Co., 2307-09 Stevens Creek Termination of Approval No. 114/0, Series VM-530, alloy steel body Road, San Jose, Calif., have been 160.015/52/0, Type B-152 lifeboat winch, pop safety valve, flanged nozzle type, ex changed to Hays Mattress Co., P. O. Box approved for maximum working load of posed spring, fitted with spring cover, 555, Morgan Hill, Calif., for Approval No. 11,100 pounds pull at the drums (5,550 600 pounds per square inch primary 160.006/19/0. pounds per fall) for use on S. S. Cave service pressure rating, 900° F. maximum Dated: September 30, 1954. Cod only, identified by arrangement temperature, dwg. No. A-1049S, dated dwg. No. 3293, dated June 14,1949, man July 29, 1948, and dwg. No. B-1700S, [seal] J. A. H irshfield, ufactured by Welin Davit and Boat Di dated February 2, 1949, approved for Rear Admiral, U. S. Coast Guard, vision of Continental Copper & Steel In sizes iy2", 2", 2y2”, and 3", manufac Acting Commandant. dustries, Inc., Perth Amboy, N. J. (Ap tured by J. E. Lonergan Co., Second and [F. R. Doc. 54-7850; Filed, Oct. 5, 1954; proved F ederal R egister July 27, 1949. Race Streets, Philadelphia 6, Pa. (Ap 8:51 a. m.] Termination of approval effective July proved F ederal R egister August 9, 1949. 27, 1954.) Termination of approval effective Au (R. S. 4405, as amended, and 4462, as gust 9, 1954.) amended, 46 U. S. C. 375, 416. Interpret or Termination of Approval No. 162.001/ [CGFR 54-40] apply R. S. 4417a, as amended, 4426, as 115/0, Series VM-610, alloy steel body amended, 4488, as amended, 4491, as pop safety valve, flanged nozzle type, ex Terminations of Approvals of posed spring, fitted with spring cover, 600 Equipment . amended, sec. 11, 35 Stat. 428, as amended, secs. 1 and 2, 49 Stat. 1544, as amended, sec. pounds per square inch primary service By virtue of the authority vested in me 5, 55 Stat. 244, 245, as amended, 46 U. S. C. pressure rating, 650° F. maximum tem as Commandant, United States Coast 391a, 404, 481, 489, 396, 367, 50 U. S. C. App. perature, dwg. No. A-1050S, dated July Guard, by Treasury Department Order 1275, E. O. 10402, 17 F. R. 9917, 3 CFR, 1952 29, 1948, and dwg. No. B-1700S, dated No. 120, dated July 31, 1950 (15 F. R. Supp.; 46 CFR 160.015) February 2, 1949, approved for sizes 6521), and in compliance with the au DAVITS, LIFEBOAT iy2", 2", 2y2", 3" and 4", manufactured thorities cited below, the following ap by J. E. Lonergan Co., Second and Race provals of equipment are terminated be Termination of Approval No. 160.- Streets, Philadelphia 6, Pa. (Approved cause (1) the manufacturer is no longer 032/110/0, gravity davit, Type LO-110, F ederal R egister August 9, 1949. Ter in business; or (2) the manufacturer approved for a maximum working load mination of approval effective August 9, does not desire to retain the approval; or of 22,000 pounds per set (11,000 pounds 1954.) (3) the item is no longer being manufac per arm) using 2 part falls, identified Termination of Approval No. 162.- tured; or (4) the item of equipment no by general arrangement dwg. No. 3160-6, 001/116/0, Series VM-620, alloy steel longer complies with present Coast dated May 25, 1948, and revised June body pop safety valve, flanged nozzle Guard requirements; or (5) the approval 21, 1949, manufactured by Welin Davit type, exposed spring, fitted with spring has expired. Except for those approvals and Boat Division of Continental Copper cover, 600 pounds per square inch pri which have expired, all other termina & Steel Industries, Inc., Perth Amboy, mary service pressure rating, 750° F. tions of approvals made by this docu N. J. (Approved F ederal R egister July maximum temperature, dwg. No. A- ment shall be made effective upon the 27,1949. Termination of approval effec 1050S, dated July 29, 1948, and dwg. No. date indicated with the item in this doc tive July 27, 1954.) B-1700S, dated February 2, 1949, ap ument. Notwithstanding this termina (R. S. 4405, as amended, and 4462, as proved for sizes 1 y2”, 2", 2y2" , 3" and tion of approval of any item of equip amended, 46 U. S. C. 375, 416. Interpret or 4", manufactured by J. E. Lonergan Co., ment as listed in this document, such apply R. S. 4417a, as amended, 4426, as Second and Race Streets, Philadelphia 6, equipment in service may be continued amended, 4481, as amended, 4488, as amend Pa. (Approved F ederal R egister August ed, 4491, as amended, secs. 1 and 2, 49 Stat. m use so long as such equipment is in 1544, as amended, sec. 3, 54 Stat. 346, as 9, 1949. Termination of approval effec good and serviceable condition. amended, sec. 5, 55 Stat. 244, 245, as tive August 9, 1954.) Termination of Approval No. 162.- buoyant cushions, kapok, standard amended; 46 U. S. C. 391a, 404, 474, 481, 489, 367, 1333, 50 U. S. C. App. 1275, E. O. 10402, 001/117/0, Series VM-630, alloy steel Termination of Approval No. 160.007/ 17 F. R. 9917, 3 CFR, 1952 Cum. Supp.; 46 body pop safety valve, flanged nozzle tt o S^an<^ard kapok buoyant cushion, CFR 160.032) type, exposed spring, fitted with spring u. S. C. G. Specification Subpart 160.007, cover, 600 pounds per square inch pri manufactured by Biewer’s Fabric Mfg., VALVES, SAFETY «POWER BOILERS) mary service pressure rating, 900° F. *hc., 9853 Chalmers Avenue, Detroit 5, Termination of Approval No. 162.- maximum temperature, dwg. No. A- "®mh. (Approved F ederal R egister Oc 001/108/0, Series VM-330, alloy steel 1050S, dated July 29, 1948, and dwg. No. tober 7, 1949.) body pop safety valve, flanged nozzle B-1700S, dated February 2, 1949, ap- 6456 NOTICES proved for sizes IV 2 " , 2", 3" and 4”, 1949. Termination of approval effective nozzle type, exposed spring, fitted with manufactured by J. E. Lonergan Co., August 9,1954.) spring cover, 1,500 pounds per square Second and Race Streets, Philadelphia Termination of Approval No. 162.001/ inch primary service pressure rating, 6, Pa. (Approved F ederal R egister Au 123/0, Series VM-1210, alloy steel body 750° F. maximum temperature, dwg. No. gust 9, 1949. Termination of approval pop safety valve, flanged nozzle type, A-1053S, dated July 29, 1948, and dwg. effective August 9, 1954.) exposed spring, fitted with spring cover, No. B-1700S, dated February 2,1949, ap Termination of Approval No. 162.- 1.500 pounds per square inch primary proved for sizes !%”• 2", 2y2" , and 3", 001/118/0, Series VM-640, alloy steel service pressure rating, 650° F. maximum manufactured by J. E. Lonergan Co., body pop safety valve, flanged nozzle temperature, dwg. No. A-1052S, dated Second and Race Streets., Philadelphia type, exposed spring, fitted with spring July 29, 1948, and dwg. No. B-1700S, 6, Pa. (Approved F ederal Register cover, 600 pounds per square inch pri dated February 2, 1949, approved for Second and Race Streets, Philadelphia mary service pressure rating, 1,000° F. sizes IV2" , 2", 21/2", 3" and 4", manu August 9, 1949. Termination of ap maximum temperature, dwg.1 No. A- factured by J. E. Lonergan Co., Second proval effective August 9, 1954.) 1050S, dated July 29, 1948, and dwg. No. and Race Streets, Philadelphia 6, Pa. Termination of Approval No. B-1700S, dated February 2, 1949, ap (Approved F ederal R egister August 9, 162.001/129/0, Series VM-1530, alloy proved for sizes IV2", 2", 2y2", 3" and 1949. Termination of approval effective steel body pop safety valve, flanged 4", manufactured by J. E. Lonergan Co., August 9, 1954.) nozzle type, exposed spring, fitted with Second and Race Streets, Philadelphia 6, Termination of Approval No. 162.001/ spring cover, 1,500 pounds per square Pa. (Approved F ederal R egister Au 124/0, Series VM-1220, alloy steel body inch primary service pressure rating, gust 9, 1949. Termination of approval pop safety valve, flanged nozzle type, 900° F. maximum temperature, dwg. No. effective August 9, 1954.) exposed spring, fitted with spring cover, A-1053S, dated July 29, 1948, and dwg. Termination of Approval No. 162.001/ 1.500 pounds per square inch primary No. B-1700S, dated February 2,1949, ap 119/0, Series VM-910, alloy steel body service pressure rating, 750 ° F. maximum proved for sizes IV2" , 2", 2V2" and 3”, pop safety valve, flanged nozzle type, temperature, dwg. No. A-1052S, dated manufactured by J. E. Lonergan Co., exposed spring, fitted with spring cover, July 29, 1948, and dwg. No. B-1700S, Second and Race Streets, Philadelphia 900 pounds per square inch primary dated February 2, 1949, approved for 6, Pa. (Approved F ederal Register service pressure rating, 650° F. maxi sizes IV2", 2", 2V2" , 3" and 4", manu August 9, 1949. Termination of ap mum temperature, dwg. No. A-1051S, factured by J. E. Lonergan Co., Second proval effective August 9,1954.) dated July 29, 1948, and dwg. No. and Race Streets, Philadelphia 6, Pa. Termination of Approval No. B-1700S, dated February 2, 1949, ap (Approved F ederal R egister August 9, 162.001/130/0, Series VM-154Ö, alloy proved for sizes 2", 2 ^ " , 3" and 1949. • Termination of approval effective steel body pop safety valve, flanged 4", manufactured by J. E. Lonergan Co., August 9,1954.) nozzle type, exposed spring, fitted with Second and Race Streets, Philadelphia Termination of Approval No. 162.001/ spring cover, 1,500 pounds per square 6, Pa. (Approved F ederal R egister Au 125/0, Series VM-1230, alloy steel body inch primary service pressure rating, gust 9, 1949. Termination of approval pop safety valve, flanged nozzle type, ex 1,000° F. maximum temperature, dwg. effective August 9, 1954.) posed spring, fitted with spring cover, No. A-1053S, dated July 29, 1948, and Termination of Approval No. 162.001/ 1.500 pounds per square inch primary dwg. No. B-1700S, dated February 2, 120/0, Series VM-920, alloy steel body service pressure rating, 900° F. maximum 1949, approved for sizes l 1/^", 2", 2^" pop safety valve, flanged nozzle type, temperature, dwg. No. A-1052S, dated and 3", manufactured by J. E. Lonergan exposed spring, fitted with spring cover, July 29, 1948, and dwg. No. B-1700S, Co., Second and Race Streets, Philadel 900 pounds per square inch primary dated February 2, 1949, approved for phia 6, Pa. (Approved F ederal R egister service pressure rating, 750° F. maxi sizes 1&", 2", 2 y2" , 3" and 4", manu August 9, 1949. Termination of ap mum temperature, dwg. No. A-1051S, factured by J. E. Lonergan Co., Second proval effective August 9, 1954.) dated July 29,' 1948, and dwg. No. and Race Streets, Philadelphia 6, Pa. Termination of Approval No. 162.001/ B-17Ö0S, dated February 2, 1949, ap (Approved F ederal R egister August 9, 134/0, Model WT (Duplex) carbon steel proved for sizes 1%", 2", 2V2", 3" and 1949. Termination of approval effective body pop safety valve, wing disc type, 4", manufactured by J. E. Lonergan Co., August 9, 1954.) exposed spring, fitted with spring cover, Second and Race Streets, Philadelphia Termination of Approval No. 162.001/ 250 pounds per square inch maximum 6, Pa. (Approved F ederal R egister Au 126/0, Series VM-1240, alloy steel body pressure, 450° F. maximum temperature, gust 9, 1949. Termination of approval pop safety valve, flanged nozzle type, ex dwg. No. F-150, dated June 20,1949, and effective August 9, 1954.) posed spring, fitted with spring cover, dwg. No. B-1700S, dated February 2, Termination of approval No. 162.001/ 1.500 pounds per square inch primary 1949, approved for sizes 2", 2y%", 3", 121/0, Series VM-930, alloy steel body service pressure rating, 1,000° F. maxi 3%", and 4", manufactured by J. E. pop safety valve, flanged nozzle type, mum temperature, dwg. No. A-1052S, Lonergan Co., Second and Race Streets, exposed spring, fitted with spring cover, dated July 29, 1948, and dwg. No. Philadelphia 6, Pa. (Approved F ederal 900 pounds per square inch primary B-1700S, dated February 2, 1949, ap R egister August 9, 1949. Termination service pressure rating, 900° F. maxi proved for sizes IV 2 " , 2", 2Î4", 3" and of approval effective August 9, 1954.) mum temperature, dwg. No. A-1051S, 4", manufactured by J. E. Lonergan Co., (R. S. 4405, as amended, and 4462, as amend dated July 29, 1948, and dwg. No. Second and Race Streets, Philadelphia 6, ed, 46 U. S. C. 375, 416. Interpret or apply B-1700S, dated February 2, 1949, ap Pa. (Approved F ederal R egister August R. S. 4417a, as amended, 4418, as amended, proved for sizes 1%", 2", 2%", 3" and 9, 1949. Termination of approval effec 4426, as amended, 4433, as amended, 4491, 4” , manufactured by J. E. Lonergan Co., tive August 9, 1954.) as amended, secs. 1 and 2, 49 Stat. 1544, as amended, sec. 3, 54 Stat. 346, as amended, Second and Race streets, Philadelphia Termination of Approval No. 162.001/ and sec. 5, 55 Stat. 244, 245, as amended; 6, Pa. (Approved F ederal R egister Au 127/0, Series VM-1510, alloy steel body 46 U. S. C. 391a, 392, 404, 411, 489, 367, 1333, gust 9, 1949. Termination of approval pop safety valve, flanged nozzle type, ex 50 U. S. C. App. 1275, E. O. 10402, 17 F, R. effective August 9, 1954.) posed spring, fitted with spring cover, 9917, 3 CFR, 1952 Supp.; 46 CFR 162.001) Termination of Approval No. 162.001/ 1.500 pounds per square inch primary 122/0, Series VM-940, alloy steel body service pressure rating, 650° F. maxi FIRE EXTINGUISHERS, PORTABLE, HAND, pop safety valve, flanged nozzle type, mum temperature, dwg. No. A-1053S, SODA-ACID TYPE exposed spring, fitted with spring cover, dated July 29, 1948, and dwg. No. Termination of Approval No. 162.007/ 900 pounds per square inch primary serv B-1700S, dated February 2, 1949, ap 26/0, Miller Peerless (Symbol GE) 2V2- ice pressure rating, 1,000° F. maximum proved for sizes IV 2 " , 2", 2 W , and 3", gallon soda-acid type hand portable fire temperature, dwg. No. A-1051S, dated manufactured by J. E. Lonergan Co., extinguisher, assembly dwg. No. S-303-%, July 29, 1948, and dwg. No. B-1700S, Second and Race Streets, Philadelphia redrawn July 2, 1947, no revision, name 6, Pa. (Approved F ederal R egister plate dwg. No. AS-303-14V, dated May dated February 2, 1949, approved for August 9, 1949. Termination of ap 2, 1947, no revision, manufactured by sizes 1W* 2", W, 3" and 4", manu proval effective August 9, 1954.) The General Detroit Corp., 2272 East factured by J. E. Lonergan Co., Second Termination of Approval No. Jefferson Avenue, Detroit 7, Mich., for and Race Streets, Philadelphia 6, Pa. 162.001/128/0, Series VM-1520, alloy Miller Peerless Mfg. Co., 452 North San (Approved F ederal R egister August 9, steel body pop safety valve, flanged gamon Street, Chicago 22, HI. (Ap- Wednesday, October 6, 1954 FEDERAL REGISTER 6457 proved Federal R egister July 27, 1949. The lands are included in prior with FEDERAL POWER COMMISSION Term ination of a p p r o v a l effective July drawals for national forest and national 27, 1954.) park purposes. [Docket No. G-2580] (R. S. 4405, 4417a, 4426, 4479, 4491, 4492,' 49 W. G. G uernsey, B yrd Oil Corp. Stat. 1544, 54 Stat. 165, 166, 346, 1028, and Associate Director, sec. 5, 55 Stat. 244, 245, as amended; 46 Bureau of Land Management. notice of application and order fixing Ü. S. C. 367, 375, 391a, 404, 463a, 472, 489, DATE OF HEARING 490, 526g, 526p, 1333, 50 U. S. C. App. 1275; ]F. R. Doc. 54-7824; Filed, Oct. 5, 1954; 8:46 a. m.] Take notice that Byrd Oil Corporation 46 CFR 25.30, 34.25-1, 76.50, 95.50) (Applicant) a Delaware corporation APPLIANCES, LIQUEFIED PETROLEUM GAS with its principal office in Dallas, Texas, CONSUMING DEPARTMENT OF AGRICULTURE filed on August 26, 1954, an application Termination of Approval No. 162.020/- for a certificate of public convenience 14/0, Magic Chef Hot Plate Model No. Commodity Credit Corporation and necessity pursuant to section 7 of 800, approved by the American Gas As D irectors of Commodity S tabilization the Natural Gas Act, authorizing Appli sociation, Inc., under Certificate No. S ervice Commodity Offices et al. cant and James S. Pedler, James S. Ped- 14-2-3.001 and supplement to Certificate ler, Jr., Edward T. Pedler and C. O. Bell No. 14-2-2.001, Serial No. 1, for liquefied designation of agents to receive service to sell natural gas subject to the juris petroleum gas service, manufactured by OF PROCESS diction of the Commission, all as more Magic Chef, Inc. (formerly American The Directors and Acting Directors of fully represented in its application filed Stove Co.), 4931 Daggett Avenue, St. the Commodity Stabilization Service herein. Applicant and James S. Pedler, James Louis 10, Mo. (Approved F ederal R egis commodity offices and the State Admin S. Pedler, Jr., Edward T. Pedler and C. O. ter July 27, 1949. Termination of ap istrative Officers and Acting State Ad proval effective July 27,1954.) ministrative Officers of the State Agri Bell produce and sell natural gas in in cultural Stabilization Conservation terstate commerce in the Winnsboro (R. S. 4405, 4417a, 4426, 4491, secs. 1, 2, 49 Field, Wood County, Texas, to the Lone Stat. 1544, sec. 2, 54 Stat. 1028, and sec. 5, Committees are hereby designated as Star Gas Company. 55 Stat. 244, 245, as amended; 45 U. S. C. 367, agents to receive service of process in 375, 391a, 404, 463a, 489, 1333, 50 U. S. C. any action to which Commodity Credit Protests or petitions to intervene may App. 1275; 46 CFR 55.16-10) be filed with the Federal Power Commis Corporation shall be a party, brought in sion, Washington, D. C., in accordance Dated September 30, 1954. the respective states in which the offices of such agents are located. The name with the rules of practice and procedure [seal] J. A. H irshfield, and address of the individual occupying (18 CFR 1.8 or 1.10) on or before the 8th Rear Admiral, U. S. Coast Guard, any such office at the time suit is insti day of October 1954. The application is Acting Commandant. on file with the Commission for public tuted may be obtained from the local inspection. [P. R. Doc. 54-7851; Filed, Oct. 5, 1954; county Agricultural Stabilization Con This matter is one that should be dis 8:51 a. m.] servation Committee or from Commodity posed of as promptly as possible under Credit Corporation, Washington 25, D. C. the applicable rules and regulations. This supersedes the designation of The Commission finds: It is proper and DEPARTMENT OF THE INTERIOR agents to receive service of process issued consistent with the public interest that by the Manager of Commodity Credit notice of the application and order fixing Bureau of Reclamation Corporation and dated March 17, 1949, 14 F. R. 1274. date of hearing be published simulta Colorado-B ig T hompson P roject neously. [seal] P reston R ichards, The Commission orders: Pursuant to ORDER OF REVOCATION Vice President, the authority contained in and subject Commodity Credit Corporation. to the jurisdiction conferred upon the April 20, 1953. Federal Power Commission by sections 7 Pursuant to the authority delegated S eptember 29, 1954. and 15 of the Natural Gas Act, and the by Departmental Order No. 2515 of [F. R. Doc. 54-7857; Filed, Oct. 5, 1954; Commission’s rules of practice and pro April 7, 1949 (14 F. R. 1937), I hereby 8:52 a. m.] cedure, a hearing be held on October 11, revoke Departmental Order of March 7, 1954, at 9:50 a. m. E. S. T., in a hearing 1935, insofar as said order affects the room of the Federal Power Commission, following described land,* provided, CIVIL AERONAUTICS BOARD 441 G Street NW., Washington, D. C., however, that such revocation shall not [Docket No. 3292] concerning the matters involved and the affect the withdrawal of any other lands issues presented by such application: by said order or affect any other orders Eastern Air Lines, Inc. Provided, however, That the Commis withdrawing or reserving the land here notice of prehearing conference sion may, after a non-contested hearing, inafter described; dispose of the application under the pro In the matter of the application of Sixth Principal Meridian, Colorado visions of § 1.30 (c) (2) of the Commis Eastern Air Lines, Inc., for inclusion of sion’s rules of practice and procedure. T. 2 N„ R. 75 W., Cincinnati, Ohio as an intermediate Sec. 14: Ni/2, Ni/2NE^SW%, SE^NE^ point on Route No. 47; the consolida Adopted: September 29, 1954. SW%, SE^4; tion of the Memphis-Nashville-Louis- Sec. 21: NW14, s y2; Issued: September 30, 1954. Sec. 22: S^ ; ville segment of Route No. 10 with Route Sec. 23: NWy4SWi/4, S^SW ^. No. 47, and consolidation of Route No. 47 By the Commission. T. 3 N., R. 75 W.. in its entirety with the Washington- [seal] J. H. Gutride, Sec. 7: All; Boston segment of Route No. 5. Acting Secretary. Sec. 18: All; Notice is hereby given that a pre- Sec. 19: All; hearing conference in the above-entitled [F. R. Doc. 54-7836; Filed, Oct. 5, 1954; Secs. 29, 30 and 32: Those portions lying matter is assigned to be held on October 8:48 a. m.] within the Rocky Mountain National Park. 19, 1954, at 10:00 a. m., e. s. t., in Room 1512, Temporary Building No. 4, Seven The above areas aggregate 4,443 acres, teenth Street and Constitution Avenue more or less. NW., Washington, D. C., before Exam [Docket No. <3-2660] G. W. Lineweaver, iner Walter Bryan. R uby Oil & Gas Co. Assistant Commissioner. Dated at Washington, D. C., October notice of application and order fixing [Misc. 169 7729] 1,1954. DATE OF HEARING S eptember 30,1954. [seal] F rancis W. B rown, Take notice that Ruby Oil & Gas Com I concur. The records of the Bureau Chief Examiner. pany (Applicant), a West Virginia cor 01 Land Management will be noted ac- [F. R. Doc. 54-7855; Filed, Oct. 5, 1954; poration with its principal office in Har- pordingly. 8:52 a. m.] -risville, West Virginia, filed, on August 6458 NOTICES 30, 1954, an application for a certificate necessity, pursuant to section 7 of the (C> Pursuant to the authority con of public convenience and necessity, Natural Gas Act, as hereinafter de tained in and subject to the jurisdiction pursuant to section 7 of the Natural scribed. conferred upon the Federal Power Com Gas Act, authorizing Applicant to sell Calto et al., as Seller, under a 20-year mission by sections 7, 15, and 16 of the natural gas, subject to the jurisdiction contract dated August 24, 1954, with Natural Gas Act, and the Commission’s of the Commission, all as more fully Olin as the buyer, propose to construct general rules and regulations, including represented in the application. approximately 4.3 miles of 2-inch diam rules of practice and procedure (18 CFR The application recites that Applicant eter natural gas transmission pipe line, Chapter I), a hearing be held on Octo produces and sells natural gas in inter extending from the Possum Corner ber 19, 1954, at 9:30 a. m., e. s. t., in a state commerce in Ritchie County, West Field, Wilkinson County, Mississippi, to Hearing Room of the Federal Power Virginia, to the Tennessee Production a point of connection with the Monroe- Commission, 441 G Street NW., Wash Company for resale. Baton Rouge Line,1 of Olin’s existing ington, D. C., concerning the matters in Protests or petitions to intervene may interstate natural gas pipe line facilities, volved in and the issues presented by the be filed with the Federal Power Com and by means of such pipe line Calto applications: Provided, however, That mission, Washington, D. C., in accord proposes to transport and sell to Olin the Commission may, after a noncon ance with the rules of practice and for resale a minimum of 500 Mcf of nat tested hearing, forthwith dispose of the procedure (18 CFR 1.8 or 1.10), on or ural gas per day produced from Calto’s proceedings pursuant to the provisions before the 12th day of October 1954. The acreage and wells in such field. The of § 1.32 (b) of the Commission’s rules application is on file with the Commis price to be paid under the contract is of practice and procedure (18 CFR 1.32 sion for public inspection. This matter 10 cents per Mcf. Calto estimates the (b)). is one that should be disposed of as gas reserves in place to be 6 billion cubic (D) Protests or petitions to intervene promptly as possible under the appli feet—75 percent recoverable. may be filed with the Commission in ac cable rules and regulations. Olin proposes, by its application filed cordance with §§ 1.8 and 1.10 of its rules The Commission finds: It is proper simultaneously with Calto’s application, of practice and procedure (18 CFR 1.8 and consistent with the public interest to construct and operate interconnect and 1.10), on or before October 13,1954. that notice of application and order fix ing, metering, and regulating facilities (E) Interested State commissions may ing date of hearing be published simulr to receive into its interstate pipe-line fa participate a£ provided by §§ 1.8 and 1.37 taneously. cilities the gas proposed to be delivered (f ) of the Commission’s rules of practice The Commission orders: Pursuant to by Calto. Olin estimates the quantity and procedure (18 CFR 1.8 and 1.37 (f) ). the authority contained in and subject of gas to be purchased will approximate to the jurisdiction conferred upon the 182.500 Mcf per year. The gas received Adopted : September 29, 1954. Federal Power Commission by sections from Calto is to be commingled with Issued: September 30, 1954. 7 and 15 of the Natural Gas Act and the natural gas in Olin’s interstate pipeline Commission’s rules of practice and pro facilities being transported and sold in By the Commission. cedure, a hearing be held on October 15, interstate commerce for resale, subject [ s e a l ] J. H. G u t r id e , 1954, at 9:40 a. m., e. s. t., in a Hearing to the Commission’s jurisdiction. Acting Secretary. Room of the Federal Power Commission, Calto and Olin have requested that [F. R. Doc. 54-7838; Filed, Oct. 5, 1954; 441 G Street NW., Washington, D. C., their applications be heard under the 8:48 a. m.] concerning the matters involved in and shortened procedure provided by § 1.32 the issues presented by such applica (b) of the Commission’s rules of practice tion: Provided, however, That the Com and procedure (18 CFR 1.32 (b)). The mission may, after a noncontested hear applications are on file with the Com [Docket No. G-2716] ing, dispose of the proceeding pursuant mission and open to public inspection. to the provisions of § 1.30 (c) (2) of the The Commission finds: K ight Gas Co. Commission’s rules of practice and pro (1) It is appropriate, reasonable, and notice of application and order fixing cedure. in the public interest in carrying out the DATE OF HEARING Adopted: September 29,1954. provisions of the Natural Gas Act, and good cause exists, to give due notice of Take notice that Kight Gas Co. (Appli Issued: September 30, 1954. the applications filed herein on Septem cant), organized under the laws of the ber 7, 1954, including publication in the State of West Virginia, with a principal By the Commission. F ederal R egister, to consolidate the office in Grantsville, West Virginia, filed proceedings in Docket Nos. G-2666 and on September 9, 1954, an application for [seal] J. H. Gtjtride, a certificate of public convenience and Acting Secretary. G-2667, and to hold a public hearing in the consolidated proceedings, all as necessity, pursuant to section 7 of the [P. R. Doc. 54-7837; Piled, Oct. 5, 1854; hereinafter provided and ordered. Natural Gas Act, authorizing Applicant 8:48 a. m.] (2) These proceedings are proper ones to sell natural gas subject to the juris for disposition under the provisions of diction of the Commission, all as more § 1.32 (b) of the Commission’s rules of fully represented in its application. practice and procedure (18 CFR 1.32 The application recites that Applicant [Docket Nos. G—2666, G-2667] (b)), the applicants having requested produces natural gas in Calhoun County, that their applications be heard under West Virginia, and sells in interstate Olin Gas T ransmission Corp. ano commerce to Hope Natural Gas Com Calto Oil Co. the shortened procedure provided for by the aforesaid rule for noncontested pro pany. NOTICE OP APPLICATIONS AND ORDER CON ceedings: Provided, however, That no Protests or petitions to intervene may SOLIDATING PROCEEDINGS AND FIXING request to be heard, protest or petition is be filed with the Federal Power Commis DATE OF HEARING filed raising an issue of substance. sion, Washington, D. C., in accordance with the rules of practice and procedure In the matter of Olin Gas Transmis The Commission orders: (A) Due notice be given including pub (18 CFR 1.8 or 1.10)' on or before the sion Corporation, Docket No. G-2666; 13th day of October 1954. The applica and Calto Oil Company, Docket No. lication in the F ederal R egister, of this notice of applications and order. tion is on file with the Commission for G-2667. > public inspection. Olin Gas Transmission Corporation (B) The proceedings in Docket Nos. This matter is one that should be dis (Olin), a Delaware corporation with its G-2666 and G-2667 be and the same are posed of as promptly as possible under principal office in the Ouachita National hereby consolidated for purposes of hearing and determination. the applicable rules and regulations. Bank Building, Monroe, Louisiana, and The Commission finds: It is proper Calto Oil Company (Calto), a Texas and consistent with the public interest corporation with its principal place of 1 This line extends from a point in the that notice of the application and order business at 25 V2 Highland Park Village, Monroe Gas Field in northern Louisiana to near Natchez, Mississippi, thence through fixing date of hearing be published si Dallas, Texas, filed, on September 7, Adams and Wilkinson Counties, Mississippi, multaneously. 1954, interdependent applications for and into Louisiana to Baton Rouge, Louis The Commission orders: Pursuant to certificates of public convenience and iana. the authority contained in and subject Wednesday, October 6, 1954 FEDERAL REGISTER 6459 to the jurisdiction conferred upon the in the above-entitled proceeding, all as until February 1, 1955, in Docket No. Federal Power Commission by sections 7 hereinafter provided and ordered. G-2576. and 15 of the Natural Gas Act, and the (2) This proceeding is a proper one Certain customers of Natural have Commission's rules of practice and pro for disposition under the provisions of protested and urged suspension of the cedure, a hearing be held on October 19, § 1.32 (b) of the Commission’s rules of aforesaid tariff sheets, along with the 1954, at 9:30 a. m., e. s. t., in a Hearing practice and procedure (18 CFR 1.32 State Commissions of Wisconsin and Room of the Federal Power Commission, (b.)), Applicant having requested that its Illinois. 441 G Street NW., Washington, D. C., application be heard under the shortened The increased rates and charges pro concerning the matters involved and the procedure provided for by the aforesaid vided in said new rate schedules have not issues presented by such application: rule for noncontested proceedings: Pro been shown to be justified and may be Provided, however, That the Commission vided, however, That no request to be unjust, unreasonable, unduly discrimi may, after a non-contested hearing, dis heard, protest or petition is filed raising natory or preferential, or otherwise un pose of the proceedings pursuant to the an issue of substance. lawful. provisions of § 1.30 (c) (2) of the Com The Commission orders: The Commission finds: It is necessary mission’s rules of practice and procedure. (A) Due notice be given, including and proper in the public interest and to publication in the F ederal R egister, of aid in the enforcement of the provisions Adopted: September 29, 1954. this notice of application and order. of the Natural Gas Act that the Com Issued: September 30, 1954. (B) Pursuant to the authority con mission enter upon a hearing, pursuant By the Commission. tained in and subject to the jurisdiction to authority contained in sections 4 and conferred upon the Federal Power Com 15 of the Natural Gas Act, concerning [seal] J. H. G utride, mission by sections 7, 15 and 16 of the the lawfulness of Natural’s FPC Gas Acting Secretary. Natural Gas Act, and the Commission’s Tariff, First Revised Volume No. 1, as general rules and regulations, including [F. R. Doc. 54—7839; Filed, Oct. 5, 1954; proposed to be changed by Third Revised 8:49 a. m.J rules of practice and procedure (18 CFR Sheets Nos. 5 and 6, and that said tariff Chapter I ), a hearing be held on October sheets be suspended as hereinafter pro 19, 1954, at 9:45 a. m., e. s. t., in a Hear vided and the use thereof be deferred ing Room of the Federal Power Commis pending hearing and decision thereon. sion, 441 G Street NW., Washington, [Docket No. G-2722] The Commission orders: D. C., concerning the matters involved in (A) Pursuant to the authority con Olin Gas T ransmission Corp. and the issues presented by the applica tained in sections 4 and 15 of the Natural tion: Provided, however, That the Com Gas Act, a public hearing be held in this NOTICE OF APPLICATION AND ORDER FIXING mission may, after a noncontested hear proceeding on October 18, 1954, at 19 DATE OF HEARING ing, forthwith dispose of the proceedings a. m., E. S. T., in the Hearing Room pursuant to the provisions of § 1.32 (b) Olin Gas Transmission Corporation of the Federal Power Commission, 441 of the Commission’s rules of practice and G Street NW., Washington, D. C., con (Applicant), a Delaware corporation procedure (18 CFR 1.32 (b)). with its principal office in the Ouachita cerning the lawfulness of Natural’s FPC (C) Protests or petitions to intervene Gas Tariff, First Revised Volume No. 1, National Bank Building, Monroe, Louisi may be filed with the Commission in ac ana, filed, on September 10, 1954, an as proposed to be changed by Third Re cordance with §§ 1.8 and 1.10 of its rules vised. Sheets Nos. 5 and 6. application for a certificate of public of practice and procedure (18 CFR 1.8 (B) Pursuant to the provisions of sec convenience and necessity, pursuant to and 1.10), on or before October 13, 1954. tion 4 (e) of the Natural Gas Àct, Nat section 7 of the Natural Gas Act, au (D) Interested State commissions may ural shall go forward with the burden of thorizing the construction and operation participate as provided by §§ 1.8 and 1.37 proof imposed upon it, to present its in Adams County, .Mississippi, near (f) of the Commission’s rules of practice justification of such proposed increased Natchez, Mississippi, of certain natural and procedure (18 CFR 1.8 and 1.37 (f)). rates and charges. gas transmission pipeline facilities for Adopted: September 29, 1954. (C) After Natural has so presented its the transportation and sale of natural justification, other parties, including gas to Mississippi Valley Gas Company Issued: September 30, 1954. Commission Staff Counsel, shall conduct (Mississippi Valley), subject to the juris By the Commission. so much of their cross-examination with diction of the Commission. respect to Natural’s justification as they Applicant proposes to establish a de [seal] J. H. Gutride, are then prepared to undertake. There livery point to Mississippi Valley from Acting Secretary. upon the Presiding Examiner shall recess Applicant’s Fowler-Baton Rouge pipe [F. R. Doc. 54-7840; Filed, Oct. 5, 1954; the hearing to a time to be fixed by line in Adams County, Mississippi, for 8:49 a. m.] further order of the Commission, in or delivery and sale of natural gas to Mis der to permit such preparation for the sissippi Valley for resale in the Clover- remainder of their cross-examination as dale Subdivision, located in an area [Docket No. G-3123] the facts and circumstances may war southwest of Natchez, Mississippi, and rant, to expedite the proceeding. for such purpose Applicant proposes to Natural Gas P ipeline Co. of America (D) Pending such hearing and deci construct a tap connection and metering sion thereon, Natural’s proposed Third and regulating facilities. The City of ORDER SUSPENDING REVISED TARIFF SHEETS AND PROVIDING FOR HEARING Revised Sheets Nos. 5 and 6 of its FPC Natchez has natural gas service through Gas Tariff, First Revised Volume No. 1, sales for resale by Applicant to Missis On September 1, 1954, Natural Gas be and the same hereby are suspended sippi Valley. Applicant estimates that Pipeline Company of America (Natural) and the use thereof deferred until March gas usage for the Cloverdale Subdivision tendered for filing Third Revised Sheets 2, 1955, and until such further time as will approximate 5,000 Mcf per year. Nos. 5 and 6 to its FPC Gas Tariff, First they may be made effective in the man Applicant has requested that its appli Revised Volume No. 1, to ‘become effec ner prescribed by the Natural Gas Act. cation be heard under the shortened pro tive October 1, 1954, proposing an in (E) Interested State commissions may cedure provided by § 1.32 (b) of the Com crease in rates and charges of $10,701,- participate as provided by §§1.8 and mission’s rules of practice and procedure 551, based on sales for twelve months 1.37 (f) (18 CFR 1.8 and 1.37 (f ) ) of the (18 CFR 1.32 (b)). The application is ending June 30, 1954, as adjusted. The Commission’s rules of practice and pro on file with the Commission and open proposed increase is in addition to the cedure. to public inspection. presently effective contingent rates Adopted: September 29, 1954. The Commission finds: (1) It is appro which are the subject of investigation priate, reasonable, and in the public in in Docket No. G-2302. Issued: September 30, 1954. terest in carrying out the provisions of In support of its proposed increase, By the Commission. the Natural Gas Act, and good cause Natural relies primarily on the “average exists, to give due notice of the applica field price” of gas at wellhead and on the [seal] J. H. Gutride, tion filed herein on September 10, 1954, increased rates filed by one of its sup Acting Secretary. including publication in the F ederal pliers, Colorado Interstate Gas Com [F. R. Doc. 54-7841; Filed, Oct. 5, 1954; Register, and to hold a public hearing pany, which rates are under suspension 8:49 a. m.] 6460 NOTICES [Project No. 553] [Project No. 2149] LINES, 220 N. McIntosh Street, Elberton, Ga. Applicant’s attorney: Reuben G. City or S eattle P ublic U tility D istrict N o. 1 of D ouglas County, Washington Crimm, 805 Peachtree Street Building, NOTICE OF ORDER REVISING LICENSE Atlanta 5, Ga. For authority to operate (MAJOR) NOTICE OF ORDER ISSUING PRELIMINARY as a common carrier, over irregular PERMIT S eptember 30, 1954. routes, transporting: Cereal prepara S eptember 30, 1954. tions, dry, (1) from Hamlin, Hilton, Notice is hereby given that on Septem Holley, Rochester and Williamson, N. Y., ber 22, 1954, the Federal Power Commis Notice is hereby given that on Sep to points in Georgia and South Carolina, sion issued its order adopted September tember 22,1954, the Federal Power Com and (2) from points in Adams County, 17, 1954, revising Article 36 of license mission issued its order adopted Septem Pa., to points in Georgia, North Caro (Major) in the above-entitled matter. ber 17, 1954, issuing preliminary permit lina, and South Carolina. Applicant is in the above-entitled matter. [seal] J. H. Gutride, authorized to conduct operations in In Acting Secretary. [seal] J. H. Gutride, diana, Georgia, and South Carolina. Acting Secretary. NO. MC 531 SUB 57, YOUNGER [P. R. Doc. 54-7842; Piled, Oct. 5, 1954; BROTHERS, INC., 4904 Griggs Road, 8:49 a. m.] [F. R. Doc. 54-7846; Filed, Oct. 5, 1954; 8:50 a. m.] P. O. Box 14287, Houston 21, Texas. Ap plicant’s attorney: Herbert L. Smith, 401 Perry-Brooks Building, Austin 1, Texas. INTERSTATE COMMERCE For authority^ to operate as a common [Project No. 2053] carrier, over irregular routes, transport F all R iver P ower Co. COMMISSION ing: Petroleum and petroleum products, NOTICE OF ORDER ISSUING LICENSE (MAJOR) [Notice 28] in bulk, in tank vehicles, (1) between points in Texas on and north of U. S. S eptember 30, 1954. M otor Carrier Applications Highway 190 from the Texas-Louisiana Notice is hereby given that on Sep October 1, 1954. State line through Jasper, Woodville, tember 23,1954, the Federal Power Com Protests, consisting of an original and and Livingston, Tex., to junction U. S. mission issued its order adopted Septem two copies, to the granting of an appli Highway 75, and on and east of U. S. ber 17, 1954, issuing license (Major) in cation must be filed with the Commis Highway 75 from junction U. S. Highway the above-entitled matter. sion within 30 days from the date of 190 through Madisonville, Corsicana, publication of this notice in the F ederal Ennis, Dallas, McKinney, Sherman, and [seal] J. H. G utride, R egister and a copy of such protest Denison, Tex., to the Texas-Oklahoma Acting Secretary. served on the applicant. Each protest State line, (2) between points in Loui [P. R. Doc. 54^7843; Piled, Oct. 5, 1954; must clearly state the name and street siana, and (3) between points in Louisi 8:49 a. m.] number, city and state address of each ana, on the one hand, and, on the other, protestant on behalf of whom the pro points in Texas on and north of U. S. test is filed (49 CFR 1.240 and 49 CFR Highway 190 from the Texas-Louisiana 1.241). Failure to seasonably file a pro State line through Jasper, Woodville, [Project No. 2088] test will be construed as a waiver of op and Livingston, Tex., to junction U. S. position and participation in the pro Highway 75, and on and east of U. S. Oroville-W yandotte Irrigation ceeding unless an oral hearing is held. Highway 75 from junction U. S. High D istrict In addition to other requirements of way 190 through Madisonville, Corsi NOTICE OP ORDER FURTHER AMENDING Rule 40 of the general rules of practice cana, Ennis, Dallas, McKinney, Sherman, LICENSE (MAJOR) of the Commission (49 CFR 1.40), pro and Denison, Tex., to the Texas-Okla tests shall include a request for a public homa State line. Applicant is author S eptember 30, 1954. hearing, if one is desired, and shall ized to conduct operations in Alabama, Notice is hereby given that on Sep specify with particularity the facts, mat Arkansas, Georgia, Louisiana, Missis tember 23,1954, the Federal Power Com ters and things relied upon, but shall sippi, Tennessee, and Texas. mission issued its order adopted Septem not include issues or allegations phrased NO. MC 573 SUB 36, HOWARD R. ber 17, 1954, further amending license generally. Protests containing general WILLIAMS, INC., 4621 N. W. St. Helens (Major) in the above-entitled matter. allegations may be rejected. Requests Road, Portland, Oreg. Applicant’s at for an oral hearing must be supported torney: Norman E. Sutherland, 1100 [seal] J. H. Gutride, by an explanation as to why the evi Jackson Tower,"'Portland 5, Oreg. For Acting Secretary. dence cannot be submitted in the form authority to operate as a common car [F. R. *Boc. 54-7844; Piled, Oct. 5, 1954; of affidavits. Any interested person, not rier, over irregular routes, transporting: 8:50 a. m.Jy a protestant, desiring to receive notice Petroleum, and petroleum products, in of the time and place of any hearing, bulk, in tank vehicles, between Tacoma, prehearing conference, taking of depo Wash, and points within four miles sitions, or other proceedings shall notify thereof, on the one hand, and, on the [Projects Nos. 2148, 2149] the Commission by letter or telegram other, United States Government instal lations in Washington, Oregon, Idaho, P uget S ound P ower & Light Co. and within 30 days from the date of publica F ederal and that portion of Montana on and Public U tility D istrict N o. 1 of tion of this notice in the R egister. westr of U. S. Highway 91. Applicant is D ouglas County, W ashington Except when circumstances require authorized to conduct operations in NOTICE OF ORDER DENYING APPLICATION FOR immediate action, an application for ap Idaho, Montana, Oregon, and Washing- PRELIMINARY PERMIT proval, under section 210a(b) of the act, ton. NO. MC 665 SUB 42, MISSOURI S eptember 30, 1954. of the temporary operation of motor car rier properties sought to be acquired in ARKANSAS TRANSPORTATION COM Notice is hereby given that on Septem an application under section 5(2) will PANY, a corporation, 1300 West 10th ber 22, 1954, the Federal Power Com not be disposed of sooner than 10 days St., Joplin, Mo. For authority to oper mission issued its order adopted Septem from the date of publication of this no ate as a common carrier, over a regular ber 17, 1954, denying application for tice in the F ederal R egister. If a pro route, transporting: General commodi preliminary permit in the above- test is received prior to action being ties, except those of unusual value, Class entitled matters. taken, it wil be considered. A and B explosives, livestock, household goods as defined by the Commission, [seal] J. H. Gutride, APPLICATIONS OF MOTOR CARRIERS OF commodities in bulk, and those requiring Acting Secretary. PROPERTY special equipment, between Military, [P. R. Doc. 54-7845; Filed, Oct. 5, 1954; NO. MC 504 SUB 17, LOUIS PATZ, Kans., and Crestline, Kans., over pres- 8:50 a. m.] doing business as HARPER MOTOR pnt.lv ant.hnrìzp.rì rmitp (Kansas Highway Wednesday, October 6, 1954 FEDERAL REGISTER 6461 26), serving no intermediate points. Michigan, Ohio, West Virginia, Missis Street, Madison 3, Wis. For authority Applicant is authorized to conduct oper sippi, those in Pennsylvania on and west to operate as a common carrier, over ir ations in Arkansas, Kansas, Missouri, of U. S. Highway 219, those in Scott, regular routes, transporting: Malt bever and Oklahoma. Cape Girardeau, Perry, St. Genevieve, ages, from Monroe, Wis., to points in NO. MC 665 SUB 43, MISSOURI- Jefferson, St. Louis, St. Charles, Lincoln, Illinois on and north of U. S. Highway ARKANSAS TRANSPORTATION COM Pike, Ralls, Marion, Lewis and Clark 36 and to points in Iowa on and east of PANY, a corporation, 1300 West 10th Counties, Mo., Lee, Des Moines, Louisa, U. S. Highway 169, and empty malt St., Joplin, Mo. For authority to oper Muscatine, Cedar, Scott, Clinton, Jack- beverage containers on return. ate as a common carrier, over regular son and Dubuque Counties, Iowa, and NO. MC 28439 SUB 60, DAILY routes, transporting: Class A and B ex those in Lafayette, Green, Rock, Wal MOTOR EXPRESS, INC., Penn and Pitt plosives, between junction U. S. High worth, Kenosha, Racine, Iowa, Dane, Streets, Carlisle, Pa. For authority to ways 169 and 160, located six miles north Jefferson, Waukesha, Milwaukee, Colum operate as a common carrier, over irreg of Cherryvale, Kans., and Wichita, bia, Dodge, Washington, Ozaukee, Fond ular routes, transporting: Buildings, Kans., over U. S. Highway 169 to junc-. du Lac, Winnebago, Outagamie, Brown, complete, knocked down or in sections, tion Kansas Highway 37, thence over Kewaunee, Door, Calumet, Manitowoc including all component parts, materials, Kansas Highway 37 to junction^ U. S. and Sheboygan Counties, Wis. Appli supplies and fixtures when shipped with Highway 75, thence over U. S. Highway cant is authorized to conduct operations such buildings, including accessories 75 to junction Kansas Highway 96, in Illinois, Indiana, Iowa, Kentucky, used in the erection, construction and thence over Kansas Highway 96 to Michigan, Ohio, and West Virginia. completion thereof, between points in Wichita, Kans., and return over thé same NO. MC 10928 SUB 22, SOUTHERN- Pennsylvania, on the one hand, and, on route, serving all intermediate points, PLAZA EXPRESS, INC., P. O. Box 837, the other, all points in the United States. except Augusta, Kans., and to and from Dallas, Tex. Applicant’s attorney: NO. MC 30887 SUB 53, SHIPLEY the off-route points of Piedmont, Severy, Charles F. Riddle, Todd, Dillon & Cur TRANSFER, INC., 534 Main Street, Leon, Keighley, Haverhill, and Beau tiss, Suite 944 Washington Building, Reisterstown, Md. Applicant’s at mont, Kans. Washington 5, D. C. For authority to torney: William J. Little, Baldwin, Jar NO. MC 1124 SUB 116, HERRIN operate as a common carrier, over regu man and Norris, Fidelity Building, Balti TRANSPORTATION COMPANY, a cor lar routes, transporting: Class A and B more 1, Md. For authority to operate as poration, 2300 Walker Avenue, Houston, explosives, (1) between Fort Worth, a common carrier, over irregular routes, Tex. Applicant’s attorney: Leroy Hall Tex., and junction U. S. Highways 80 transporting: Liquid Latex, in bulk, in man, Phinney and Hallman, First Na and 290 at Davis Mountain Junction, tank vehicles, (1) from Baltimore, Md., tional Bank Building, Dallas 2, Tex. For Tex., over U. S. Highway 80, and (2) be to Garrettsville, Ohio, St. Paul and authority to operate as a common car tween Fort Worth, Tex., and El Paso, Chemolite Siding, Minn., (approxi rier, over a regular route, transporting: Tex., over U. S. Highway 180, serving no mately 16 miles south of St. Paul on General commodities, including Class A intermediate points, as alternate routes, U. S. Highway 61), and Roxboro, N. C., and B explosives, except those of unusual for operating convenience only, in con (2) From New York, N. Y., to Garretts value and except livestock, household nection with applicant’s lease of operat ville, Ohio and St. Paul and Chemolite goods as defined by the Commission, ing authority granted English Freight Siding, Minn, (approximately 16 miles commodities in bulk, and those requiring Company, a Corporation, in Certificate south of St. Paul on U. S. Highway 61), special equipment, between junction No. MC 30165 dated November 17, 1952, and (3) from Philadelphia, Pa., to Rox U. S. Highways 79 and 70 near Lehi, Ark., for regular route operations between boro, N. C. Applicant is authorized to and Fordyce, Ark., over U. S. Highway Austin and El Paso, Tex. (which is a por conduct operations in Connecticut, 79, serving no intermediate points, as an tion of the regular route between Hous Indiana, Maryland, Massachusetts, alternate route for operating conven ton and El Paso, Tex.), and between Fort Michigan, Missouri, New Jersey, New ience only, in connection with carrier’s Worth and San Antonio, Tex. (which is York, North Carolina, Ohio, Pennsyl regular route operations between Mem a portion of the regular route between vania, Rhode Island, Virginia, and Wis phis, Tenn., and Shreveport, La.., via Lit Dallas and San Antonio, Tex.), which consin. tle Rock and Fordyce, Ark. Applicant is lease expires February 18, 1956, unless NO. MC 52920 SUB 15, PACIFIC authorized to conduct operations in Ar applicant exercises its option to purchase HIGHWAY TRANSPORT, INC., Sixth kansas, Louisiana, Oklahoma, Tennessee, said operating authority. Applicant is Avenue South & Holgate, Seattle, Wash. and Texas. authorized to conduct operations in Illi Applicant’s attorney: William B. Adams, nois, Indiana, Kansas, Missouri, Okla Pacific Building, Portland 4, Oreg. For NO. MC 1124 SUB 117, HERRIN homa, Tennessee and Texas. TRANSPORTATION COMPANY, a cor authority to operate as a common car poration, 2300 Walker Avenue, Houston, NO. MC 14659 SUB 2, GEORGE C. rier, over irregular routes, transporting: Tex. Applicant’s attorney : Leroy Hall- O’DONNELL, doing business as O’DON Class A, B, and C explosives, between Man, Phinney and Hallman, First Na NELL’S EXPRESS, 7 Kendall St., Houl- Tacoma, Fort Lewis and Seattle, Wash., tional Bank Building, Dallas 2, Tex. For ton, Maine. For authority to operate as and points within 15 miles of each, on authority to operate as a common car a common carrier, over regular routes, the one hand, and, on the other, Paine rier, over a regular route, transporting : transporting: Class A, B, and C explo Field (near Everett), Wash. Applicant General commodities, including Class A sives, for the U. S. Government only, is authorized to conduct operations in and B explosives, but excluding com between Boston, Mass., and U. S. Airbase, Oregon and Washington. modities of unusual value, household Limestone, Maine, from Boston over NO. MC 59788 SUB 2, LAURENCE goods as defined by the Commission, U. S. Highway 1 to Brunswick, Maine, VERHAAG, doing business as COL- commodities in bulk, and those contam thence over U. S. Highway 201 to Water - VILLE-BOUNDARY-LAURIER AUTO inating to other lading, between LaPlace, ville, Maine, thence over Maine Highway FREIGHT, Colville, Wash. For author La., and New Orleans, La., over U. S. 100 to Newport, Maine, thence over U. S. ity to operate as a common carrier, Highway 61, serving all intermediate Highway 2 to Houlton, Maine, thence transporting: General commodities, ex Points. Applicant is authorized to con- over U. S. Highway 1 to Limestone, cept those of unusual value, Class A and » operations in Arkansas, Louisiana, Maine, thence via Military Highway to B explosives, household goods as defined Oklahoma, Tennessee, and Texas. Airbase. by the Commission, commodities in bulk, NO. MC 1328 SUB 3, JACOB J. LONG, NO. MC 14948 SUB 1, ROSS R. commodities requiring special equip Alexandria, Ind. Applicant’s attorney: GANDY, Box 552, Wilson, Okla. For au ment, and those injurious or contami oeorge O. Cowan, Cowan and Smith, 512 thority to operate as a common carrier, nating to other lading, serving Kettle Illinois Building, Indianapolis 4, Ind. over irregular routes, transporting: Falls, Wash., as an intermediate point Household goods, as defined by the Com in connection with applicant’s regular- or authority to operate as a contract mission, between points in Texas, and route operations between Colville, Wash carrier, over irregular routes, transport those in Carter County, Okla. ington, and Boundary, Wash. Appli ing: Roofing materials, building mate NO. MC 27754 SUB 10, FRANK cant is authorized to conduct operations rials and insulating materials, from Al KUBLY, 1916—12th Avenue, Monroe, in Washington. exandria and Gimco City, Ind., and Wis. Applicant’s attorney: Adolph J. NO. MC 63800 SUB 1, SIMON S. HILL, Points in Indiana within one mile of Bieberstein, Stephens, Bieberstein, INC., 202 North 10th Street, Brooklyn, each, to points in Illinois, Kentucky, Cooper and Bruemmer, 121 West Doty New York. For authority to operate as No. 194----- 6 6462 NOTICES a common carrier, over irregular routes, sylvania, and West Virginia, and (4) be NO. MC 96568 SUB 7, ROBERT R transporting: Coice, in containers, from tween points in Illinois, on the one hand, MUSKIN and JEROLD B. MUSKIN, do-^ Kearny, N. Y., to Brooklyn, N. Y., and and, on the other, points in Ohio, and ing business as MUSKIN TRUCKING empty containers or other such inci Pennsylvania. Applicant is presently CO., East Martin Street Ext., East Pal dental facilities (not specified) used in authorized to conduct operations in Ar estine, Ohio. For authority to operate transporting the commodities specified kansas, Colorado, Illinois, Indiana, Iowa, as a contract carrier, over irregular on return movement. Kansas, Kentucky, Louisiana, Michigan, routes, transporting: Uncrated new fur NO. MC 64932 SUB 159, ROGERS Minnesota, Missouri, Montana, Nebras niture, from Tyler, Tex., to points in CARTAGE CO., a corporation, 1934 ka, New Mexico, North Dakota, Ohio, Arizona, New Mexico and Florida, and South Wentworth Avenue, Chicago, 111. Oklahoma, Pennsylvania, South Dako damaged, defective, or returned ship Applicant’s attorney: Jack Goodman, 39 ta, Texas, Utah, West Virginia, and Wyo ments on return movements. Applicant South La Salle St., Chicago 3, HI. For ming. is authorized to conduct operations in authority to operate as a common car NO. MC 86676 SUB 2, ANTON Alabama, Arkansas, Louisiana, Missis rier, over irregular routes, transporting: SCHNEIDER, Post Office Box 92, Lan- sippi, Oklahoma, and Texas. Acids, and chemicals (including but not non, Wis. Applicant’s attorney: C. R. NO. MC 93890 SUB 11, McDOWALL restricted to those classified in Appendix Dineen, 341 Empire Building, 710 North TRANSPORT, INC., 33 West Grant Ave XV to Descriptions in Motor Carrier Cer Plankinton Ave., Milwaukee 3, Wis. nue, P. O. Box 3231, Orlando, Fla. Ap tificates, 61 M. C. C. 209), and chemical For authority to operate as a contract plicant’s attorney: R. J. Reynolds, Jr., products; in bulk, in tank vehicles, from carrier, over irregular routes, transport 1403 Citizens & Southern National Bank Terre Haute, Ind., and Peoria, HI., to ing: Rough stone, and cut stone, from Building, Atlanta 3, Ga. For authority points in Kansas. The applicant is au points in the townships of Menomonee, to operate as a common carrier, over thorized to conduct operations in Illi and Lisbon, and the Village of Lannon, irregular routes, transporting: Automo nois, Indiana, Iowa, Kentucky, Michi Waukesha County, Wis., to points in biles, trucks, chassis, and trailers, re gan, Minnesota, Missouri, Ohio, New Illinois, Indiana, Michigan, Iowa, and stricted to those manufactured by the Jersey, New York, Pennsylvania, Ten Minnesota, and return with empty con Hudson Motor Division of American Mo nessee, West Virginia, and Wisconsin. tainers or other such incidental facili tors, Inc., in truckaway and driveaway NO. MC 66562 SUB 1214. . RAILWAY ties (not specified) used in transporting service, from Kenosha, Wis., to points in EXPRESS AGENCY, INCORPORATED, rough stone and cut stone. Applicant is Florida. Applicant is authorized to con 219 East 42nd Street, New York 17, N. Y. authorized to conduct operations in Illi duct operations in Michigan, Indiana, For authority to operate as a common nois, and Wisconsin. Ohio, and Florida. carrier, over regular routes, transport NO. MC 90147 SUB 1, (Amended) NO. MC 103514 SUB 3, WILLIAM D. ing: General commodities, including HELMER V. CARLSON, doing business SMITH TRUCKING CO., INC., Mount Class A and B explosives, moving in ex . as HOPKINS AND CARLSON, 97 Hale Wolf, Pa. Applicant’s attorney: Norman press service, between Newport, Maine St., Haverhill, Mass. For authority to T. Petow, 43 North Duke Street, York, and Dexter, Maine over Maine High operate as a common carrier, over irre Pa. For authority to operate as a con ways 7 and 11, serving the intermediate gular routes, transporting: Lumber, be tract carrier, over irregular routes, trans point of Corinna, Maine. tween points in Essex County, Mass., porting: Paper products, from the plant NO. MC 67818 SUB 51, MICHIGAN and points in Belknap, Cheshire, Hills of the York Container Company, in EXPRESS, INC., 505 Monroe Avenue, boro, Merrimack, Rockingham and Springettsbury Township, York County, N. W., Grand Rapids 2, Mich. Appli Strafford Counties, N. H., and House Pa., to points in Delaware, Maryland, cant’s attorney: Robert H. Levy, Axel hold goods, as defined by the Commis New Jersey, New York, Ohio, Pennsyl rod, Goodman & Steiner, 39 South La sion, between points in Essex County, vania, West Virginia, and the District of Salle St., Chicago 3, 111. For authority Mass., and points in Rockingham Columbia; and empty containers or to operate as a common carrier, over County, N. H. other such incidental facilities (not spec irregular routes, transporting: Dicalcium NO. MC 93980 SUB 23, VANCE ified) used in transporting the commodi phosphate, fertilizer, and fertilizer in TRUCKING COMPANY, INCORPOR ties, and waste paper products, on return gredients, in bulk, and in packages, be ATED, Box 336, Henderson, N. C. Ap movement. Applicant is authorized to tween points in Michigan and points in plicant’s attorney: James E. Wilson; conduct operations in Maryland, New Ohio. Roberts & Mclnnis, Continental Build Jersey, New York, Ohio, Pennsylvania, NO. MC 83835 SUB 31, WALES ing, Fourteenth at K Northwest, Wash and West Virginia. TRUCKING COMPANY, a corporation, ington 5, D. C. For authority to operate NO. MC 105987 SUB 6, PAUL M. GILL- 319 Forest Ave., Rd., Post Office Box 6186, as a common carrier, over irregular MOR CO., A CORPORATION, Old Port, Dallas, Tex. Applicant’s attorney: routes, transporting: Materials, supplies, Ohio. Applicant’s attorney: Richard H. Charles D. Mathews, Brown Building, and equipment, used in marketing, pack Brandon, Sanborn, Nacey, and Brandon, Austin 1, Tex. For authority to operate ing, processing and handling of leaf to Society for Savings Building, Cleveland as a common carrier, over irregular bacco, between points in North Carolina, 14, Ohio. For authority to operate as a routes, transporting: Machinery, equip South Carolina, Virginia, Georgia, and contract carrier, over irregular routes, ment, materials, and supplies, used in or Florida. Applicant is authorized to con transporting: Petroleum products, in in connection with the discovery, devel duct operations in Florida, Georgia, bulk, in tank vehicles, between points in opment, production, refining, manufac Maryland, New Jersey, New York, North Ohio. (Applicant is authorized to con ture, processing, storage, transmission, Carolina, Pennsylvania, South Carolina, duct operations in Michigan, Indiana, and distribution of sulphur and its prod and Virginia. and Ohio, as a contract carrier and there ucts and by-products, and machinery, NO. MC 92983 SUB 110, ELDON is pending an application to convert such equipment, materials, and supplies, used MILLER, INC., 1030 Riverside Drive, operations to common carrier, Docket in or in connection with irrigation, the P. O. Box 232, Iowa City, Iowa. For No. MC 114230. If applicant’s certificate drilling of water wells, salt water injec authority to operate as a common car should be issued during the considera tion wells, wells for underground reser rier, over irregular routes, transporting: tion of this matter applicant requests voir storage, and the drilling of wells for Acids and chemicals, in bulk, between that this application be considered as one all other purposes (1) between points in Toledo, Ohio, and Buffalo and Niagara for a common carrier.) Arkansas, Indiana, Iowa, Kansas, Colo Falls, N. Y., on the one hand, and, on rado, Illinois, Kentucky, Louisiana, Min NO. MC 106398 SUB 17, NATIONAL the other, points in Iowa, Kansas, Min TRAILER CONVOY, INC., Box 8096 nesota, Missouri, Montana, Nebraska, nesota, Missouri, and Nebraska. Appli New Mexico, North Dakota, South Da cant is authorized to conduct operations Dawson Station, 1916 North S h e r id a n kota, Oklahoma, Texas, Utah, and Wyo in Arkansas, Colorado, Connecticut, m i-, Road, Tulsa, Okla. For authority to op ming, (2) from Coluipbus, and Marietta, nois, Indiana, Iowa, Kansas, Kentucky, erate as a common carrier, over ir r e g u Ohio, to points in Louisiana, New Mex Louisiana, Massachusetts, Minnesota, lar routes, transporting: House trailers, ico, Colorado, and Arkansas, (3) be Missouri, Nebraska, New York, North cabin trailers and bungalow trailers, in tween points in Kansas, Oklahoma, and Dakota, Ohio, Oklahoma, Pennsylvania, initial movements, in driveaway service, Texas, on the one hand, and, on the South Dakota, Tennessee, Texas, West from Atlanta and East Point, Ga., to ether, points in Michigan, Ohio, Penn Virginia, and Wisconsin. all points in the United States. Appli* Wednesday, October 6, 1954 FEDERAL REGISTER 6463 cant is authorized to conduct opera routes, transporting: Petroleum and pe now conducted by applicant as a con tions throughout the United States. troleum products, in bulk, in tank ve tract carrier to those of a common car-' NO. MC 107456 SUB 7, HARRY L. hicles, between points in Lousiana. rier, therefore, applicant requests that YOUNG AND SONS, INC., 542 West NO. MC 112063 SUB 2, P. I. & I. the contract carrier operations be re Sixth South Street, Salt Lake City, Utah. MOTOR EXPRESS, INC., 836 South voked concurrently upon a grant of the For authority to operate as a common Irvine Avenue, Masury, Ohio. Appli authority applied for in this applica carrier, over irregular routes, transport cant’s representative: G. H. Dilla, 3030 tion.) ing: Ore and ore concentrates, in bulk, Euclid Avenue, Cleveland 15, Ohio. For NO. MC 114837 SUB 1, ROLAND LEI- from points in White Pine County, Nev., authority to operate as a common car SCHOW, doing business as LEISCHOW to railheads at Delta, Utah. Applicant rier, over irregular routes, transporting: TRUCKING, Route No. 2, Algoma, Wis. is authorized to conduct operations in Steel and manufactured steel products, Applicant’s attorney: Roger S. Bessey, Nevada and Utah. from Sharon, Pa., and points within five 324 East Wisconsin Avenue, Milwaukee NO. MC 108991 SUB 14, SOUTHERN miles thereof, to Warren, Ohio. (No 2, Wis. For authority to operate as a TRUCK LINES INC., 2381 West Beaver service to be rendered at Warren, Ohio, common carrier, over irregular routes, Street, Jacksonville, Fla. Applicant’s except to be interchanged to American transporting: Feed, feed concentrates attorney: Martin Sack, Atlantic National Cartage Co., for further transportation and fertilizer, from points in the Minne- Bank Building, Jacksonville 2, Fla. For to Chicago, 111., and Milwaukee, Wis.) apolis-St. Paul, Minn., and those in the authority to operate as a contract car Applicant is authorized to conduct op Chicago, 111., Commercial Zones, as de rier, over irregular routes, transporting: erations in Pennsylvania, Indiana, and fined by the Commission, to points in Dairy products, as defined by the Com Illinois. Door and Kewaunee Counties, Wis. mission in Ex Parte No. MC 38, from NO. MC 112223 SUB 22, QUICKIE NO. MC 112989 SUB 1, JOHNSON Fayetteville and Lewisburg, Tenn., to TRANSPORT COMPANY, A Corpora TRUCK SERVICE, INC., 1403 Second points in Georgia, North Carolina, Flor tion, 1121 South Seventh Street, Minne Street, Tillamook, Oreg. For authority ida, South Carolina, Mississippi, Ala apolis, Minn. For authority to operate to operate as a common' carrier, over bama, Arkansas, Louisiana and Texas, as a common carrier, over irregular irregular routes, transporting: Lumber, and empty containers or other such in routes, transporting: Petroleum and pe from points in Curry County, Oreg., to cidental facilities (not specified) used in troleum products including chemicals points in Josephine County, Oreg. Ap transporting the commodities specified, derived from petroleum and compounded plicant is authorized to conduct oper on return movement. Applicant is au oils having a petroleum base, in bulk, in ations in Oregon and Washington. thorized to conduct operations in Ala tank vehicles, between points in Minne NO. MC 114873 (Amended), M. W. bama, Arkansas, Florida, Georgia, Lou sota. Applicant is authorized to conduct LOZEL, doing business as SEIBOLD & isiana, Minnesota, Mississippi, North operations in Minnesota and Iowa. LOZEL, 101-42 Lefferts Boulevard, Rich Carolina, South Carolina, Tennessee and No. MC 112223 SUB 23, QUICKIE mond Hill, N. Y. Applicant’s attorney: Texas. TRANSPORT COMPANY, A Corpora Wm. Walter Frankel, 276 Fifth Avenue, NO. MC 109471 SUB 9, R. A. CONYES, tion, 1121 South Seventh Street, Min New York, N. Y. For authority to oper doing business as R. A. CONYES TANK neapolis, Minn. For authority to oper ate as a contract carrier, over irregular LINES, 2884 San Pablo Avenue, P. O. Box ate as a common carrier, over irregular routes, transporting: Plate glass, window 6, San Pablo, Calif. Applicant’s attor routes, transporting: Petroleum and pe glass and mirrors requiring special equip ney: Marvin Handler, 465 California troleum products including chemicals: ment and handling, from New York, Street, San Francisco 4, Calif. For au derived from petroleum and compound N. Y., to points in New Jersey and Con thority to operate as a common carrier, ed oils having a petroleum base, in bulk, necticut, and empty containers or other over irregular routes, transporting: in tank vehicles, between points in Wis such incidental facilities (not specified) Petroleum and petroleum products, in consin. Applicant is authorized to con used in transporting the commodities, on bulk, in tank vehicles, from Colusa, duct operations in Minnesota and Iowa. return movement. Calif., and points within ten miles there NO. MC 112223 SUB 24, QUICKIE NO. MC 114929, ANDREW R. HOR of, to all points in Nevada. Applicant is TRANSPORT COMPANY, A Corpora VATH, 3450 N. W. 79th Street, Miami, authorized to conduct operations in Cal tion, 1121 South Seventh Street, Min Fla. Applicant’s attorney: A. C. Franks, ifornia and Nevada. neapolis, Minn. For authority to oper Franks and Gordon, Seybold Building, NO. MC 109637 SUB 23, GASOLINE ate as a common carrier, over irregular Miami 32, Fla. For authority to operate TRANSPORT CO., A Corporation, 4500 routes, transporting: Petroleum and. pe as a common carrier, over regular routes, Bells Lane, Louisville, Ky. For authority troleum products, in bulk, in tank vehi transporting: Clay sewer pipe, from Mil- to operate as a common carrier, over ir cles, from the United States Air Force ledgeville, Ga., to West Palm Beach, Fort regular routes, transporting: Petroleum Installation located near Hastings, Lauderdale, Hollywood and Miami, Fla.; and petroleum products, in bulk, in tank Minn., to the United States Air Force, (1) from Milledgeville, Ga., over Georgia vehicles, between Bradenburg, Ky., and the United States Navy or National Highway 24 to junction Georgia High points within 10 miles thereof, on the one Guard Installations in Minnesota, Wis way 15, thence over Georgia Highway 15 hand, and, on the other, Louisville, Ky. consin, Iowa, North Dakota, South Da to junction Georgia Highway 78, thence Applicant is authorized to conduct op kota and the upper peninsula of Mich over Georgia Highway 78 to junction erations in Illinois, Indiana, Kentucky igan. Applicant is authorized to con Georgia Highway 29, thence over Geor and Tennessee. duct operations in Minnesota and Iowa. gia Highway 29 to junction U. S. High NO. MC 110045 SUB 4, FRANK MAR NO. MC 112474 SUB . 1, WALTER way 1, thence over U. S. Highway 1 to CELLO, doing business as MARCELLO’S ROWAN, 28 Market St., Jamestown, junction Georgia Highway 121 (near SERVICE, 230 Park Avenue, Quaker- N. Y. Applicant’s attorney: Kenneth' Baxley, Ga.), thence over George High tpwn, pa> Applicant’s attorney: Jacob T. Johnson, Johnson & Peterson, James way 121 to junction U. S. Highway 1 Polin, 257 Ellis Road, Havertown, Pa. town, New York. For authority to op (near Racepond, Ga.), and thence over For authority to operate as a contract erate as a common carrier, over irregu U. S. Highway 1 to West Palm Beach, carrier, over irregular routes, transport lar routes, transporting: Such bulk com Fort Lauderdale, Hollywood and Miami, ing: Men’s shirts, in boxes, from Mason- modities as are transported in dump Fla., also (2) from Milledgeville, Ga., town, Pa., to New York, N. Y., and empty ■ trucks, from Chautauqua County, N. Y., over U. S. Highway 441 to junction Geor boxes, buttons, and processed piece goods to points in Erie, Crawford, Warren, Mc gia Highway 94, thence over Georgia for men’s shirts, on return. Applicant Kean, Potter, Venango, Forest, Elk, and Highway 94 to junction Florida Highway js authorized to conduct operations in Clarion Counties, Pa. (Applicant is 2, thence over Florida Highway 2 to junc presently authorized in Permit No. MC tion U. S. Highway 90, thence over U. S. New York and Pennsylvania. Highway 90 to junction U. S. Highway 1, NO. MC 110570 SUB 2, PRUDHOME 59612, dated March 5, 1952, to transport and thence over U. S. Highway 1 to West OIL COMPANY, INC., 417 West Grant such bulk commodities, except salt, as Palm Beach, Fort Lauderdale, Holly otreet, Lafayette, La. Applicant’s at are transported in dump trucks, between wood, and Miami, Fla.; also (3) from torney: Robert A. Ainsworth, Jr., Na- Jamestown, N. Y., and points in that part Milledgeville, Ga., over U. S. Highway wonal Bank of Commerce Building, New of New York and Pennsylvania within 441 to junction U. S. Highway 27, thence Orleans 12, La. For authority to operate 75 miles of Jamestown, N. Y. This ap over U. S. Highway 27 to Miami, Fla., 68 a common carrier, over irregular plication is for conversion of operations also (4) from Milledgeville, Ga., over the 6464 NOTICES above specified route to junction U. S. Lincoln, Lane and Douglas Counties, of beginning at the Missouri-Arkansas Highway 27 and Florida Highway 84, Oreg. State line, including points along the in thence over Florida Highway 84 to junc NO. MC 114961, A. DIXON, doing bus dicated portions of the highways speci tion U. S. Highway 441, and thence over iness as A. & R. DIXON, Camden, Ohio, fied; and damaged and contaminated U. S. Highway 441 to Miami, Fla., also Applicant’s attorney: Julian E. Clark, liquid petroleum products, in bulk, in (5) from Milledgeville, Ga., over the Preble County National Bank Bldg., tank vehicles, from points in that part above specified route to junction U. S. Eaton, Ohio. For authority to operate of Missouri indicated above, to points in Highway and Florida Highway 60 as a contract carrier, over a regular Kansas. (Applicant is presently au (near Lake Wales, Fla.), thence over route, transporting: Corrugated fibre thorized in Permits No. MC 66344, No. Florida Highway 60 to junction U. S. board boxes, from the site of the Atlas MC 66344 Sub 10, and No. MC 66344 Sub Highway 441, thence over U. S. Highway Plywood Corporation, located at Cam 13, dated June 28, 1941, April 11, 1947, 441 to junction Temp. U. S. Highway 98, den, Ohio, to the site of the Rex Manu and March 20, 1950, respectively, to thence over Temp. U. S. Highway 98 to facturing Co., located at Connersville, transport the above-specified commodi junction U. S. Highway 1 at West Palm Ind., operating from Camden over Ohio ties in the territory described above. Beach, Fla., and thence over U. S. High Highway 725 to the Ohio-Indiana State This application is for conversion of op way 1 to Fort Lauderdale, Hollywood line, thence over Indiana Highway 44 to erations now conducted by applicant as and Miami, Fla.; also, (6) from Milledge Connersville, and return over the same a contract carrier to those of a common ville, Ga., over the above specified route route, serving no intermediate points. carrier, therefore, concurrently upon a to junction U. S. Highway 441 and Temp. NO. MC 114965, L. R. CYRUS, doing grant of the authority applied for in this U. S. Highway 98 (west of Loxahatchee, business as CYRUS PETROLEUM application, the carrier’s contract car Fla.), and thence over U. S. Highway 441 TRUCK LINE, 120 East Madison Street, rier operations should be revoked.) Ap to Miami, Fla., serving no intermediate Iola, Kans. Applicant’s attorney : James plicant is authorized to conduct opera points, with service only at West Palm F. Miller, 500 Board of Trade, 10th and tions in Kansas and Missouri. Beach, Fort Lauderdale, Hollywood and Wyandotte, Kansas City 6, Mo. For au NO. MC 114967, E. F. BOCK, doing Miami, Fla.; and lumber from Athens, thority to operate as a common car business as BOCK TRANSPORT CO., Augusta, Atlanta and Columbus, Ga., to rier, over irregular routes, transporting: 413 West Third St., Gamer, Iowa. Ap West Palm Beach, Fort Lauderdale, Petroleum products, from refining and plicant’s representative: William A. Hollywood and Miami, Fla., (1) from producing points in Kansas, to points in Landau, 1307 East Walnut St., Des Athens, Ga., over U. S. Highway 441 to that part of Missouri south of U. S. High Moines 16, Iowa. For authority to op Milledgeville, Ga., and thence over the way 36, west of U. S. Highway 63, and erate as a common carrier, over irregular above described routes to West Palm north of U. S. Highway 60, including route, transporting: Petroleum and pe Beach, Fort Lauderdale, Hollywood, and points on the indicated portions of the troleum products, as described in Ex Miami, Fla.; (2) from Augusta, Ga., over highways specified; petroleum and pe- Parte No. MC-45, in bulk, in tank ve U. S. Highway 25 to junction U. S. High troleum products, (1) from refining and hicles, between points in Iowa on and way 301, thence over U. S. Highway 301 producing points in Kansas and the Kan north of Iowa Highway 3. to junction U. S. Highway 1, and thence sas City, Mo.-Kansas City, Kans., com NO. MC 114968, THEODORE MONDI, over U. S. Highway 1 to West Palm mercial zone, as defined by the Commis 1826 South Camac Street, Philadelphia, Beach, Fort Lauderdale, Hollywood and sion, to points in that part of Missouri Pa. Applicant’s representative: Jacob Miami, Fla.; (3) from Atlanta, Ga., over south of U. S. Highway 60 on and west Polin, 257 Ellis Road, Havertown, Pa. U. S. Highway 41 to junction U. S. High of U. S. Highway 65; (2) from refining For authority to operate as a contract way 441, and thence over the above spec and producing points in Kansas and the carrier, over irregular routes, transport ified routes to West Palm Beach, Fort Kansas City, Mo.-Kansas City, Kans., ing: Malt beverages, from Newark, N. J., Lauderdale, Hollywood and Miami, Fla.; commercial zone, as defined by the Com and New York, N. Y., to points in Bucks, (4) from Columbus, Ga., over U. S. High mission, to points in that part of Mis Chester, Delaware, Montgomery, and way 27 to Tallahassee, Fla., thence over souri north of U. S. Highway 36 and on Philadelphia Counties, Pa., and empty U. S. Highway 98 to junction Florida and west of U. S. Highway 63; and (3) containers or other such incidental fa Highway 60 (also from Tallahassee, over from refining and producing points in cilities (not specified) used in transport U. S. Highway 27 to junction U. S. High Kansas and the Kansas City, Mo.-Kan way 98 (near Perry, Fla.)), thence over ing the commodities specified, on return sas City, Kans., commercial zone, as de movement. Florida Highway 60 to junction U. S. fined by the Commission, to Ava, Mo.; Highway 27 (near Lake Wales, Fla.), and NO. MC 114969, PROPANE TRANS and empty containers for petroleum and PORT, INC., 5 Water Street, Milford, thence over the above specified routes to petroleum products, from the above- Miami, Fla.; also from junction U. S. Ohio. Applicant’s attorney: Leonard D. specified Missouri points and from points Slutz, Nichols, Wood, Marx & Ginter, 900 Highway 27 and Florida Highway 60 over in that part of Missouri on and south of Florida Highway 60 to junction U. S. Traction Building, Cincinnati 2, Ohio. U. S. Highway 36, and on and west of For authority to operate as a common Highway 441, and thence over the above U. S. Highway 63 and on and north of specified routes to West Palm Beach, carrier, over irregular routes, transport U. S. Highway 60 to the origin points ing : Liquefied petroleum gas, in bulk, in Fort Lauderdale, Hollywood and Miami, above-specified; liquid petroleum prod Fla., serving no intermediate points on tank vehicles, from Tuscola, 111., and ucts, in bulk, in tank vehicles, from points in Illinois within five miles there the above described routes, with service points within two miles of Iola, Kans., only at West Palm Beach, Fort Lauder of to points in Ohio, south and west of and Coffeyville, Kans., to Ava, Mo., and a line extending from the Ohio-Indiana dale, Hollywood, and Miami, Fla. points in that part of Missouri bounded NO. MC 114955, HERBERT EDWARD State line along Ohio Highway 47 in an on the south by the Missouri-Arkansas easterly direction to Waldo, Ohio, thence WILSON, doing business as WILSON State line beginning at the Missouri- CARTAGE, 240 St. Mary’s Blvd., River in a southerly direction along U. S. High Oklahoma State line and extending way 23 to Columbus, Ohio, thence in an side, Ontario, Canada. For authority to easterly to U. S. Highway 65, thence operate as a common currier, over irre easterly direction along U. S. Highway north along U. S. Highway 65 to junction 40 to Zanesville, Ohio, thence in a south gular routes, transporting; Building sup with U. S. Highway 60, thence east along plies, medical supplies, textiles, plastics, easterly direction along Ohio Highway U. S. Highway 60 to junction with U. S. 77 to tile Ohio River at Marietta, Ohio. chemicals, automotive accessories, forg Highway 63, thence north along U. S. ings, and empty containers, between the Highway 63 to the Missouri-Iowa State APPLICATIONS OF MOTOR CARRIERS OF United States-Canada International line, thence west along the Missouri- PASSENGERS Boundary line at or near Detroit, Mich., and points in the Detroit, Mich., Com Iowa State line to • the Missouri- No. MC 12616, BYRON L. BURFORD, mercial Zone as defined by the Commis Nebraska State line, thence south along SR., BYRON L. BURFORD, JR., and sion. the Missouri-Nebraska State line to the MARY DELL BURFORD, doing business NO. MC 114958, GEORGE H. BROWN, Missouri-Kansas State line, and thence as.MISSISSIPPI YOUTH TOURS, 620 Route 1, Florence, Or eg. For authority south along the Missouri-Kansas State Chickasaw, Jackson, Miss. Applicant’s to operate as a common carrier, over ir line, to the Missouri-Oklahoma State attorney: Shelby R. Rogers; Watkins & regular routes, transporting: Lumber line, and thence south along the Mis Eager, 1001-09 Plaza Building, Jackson, and forest products, between points in souri-Oklahoma State line to the point Miss. For a license (BMC 5) authoriz- Wednesday, October 6, 1954 FEDERAL REGISTER 6465 ing operations as a "broker at Jackson, NO. MC-F-5785 published in the Sep Vendee is authorized to operate in Min Miss., in arranging for transportation in tember 29,1954 issue of the F e d e r a l R e g nesota, Wisconsin, Indiana, and Illinois. interstate or foreign commerce, by motor i s t e r . Amendment filed September 24, Application has been filed for temporary vehicle, of passengers and their baggage, 1954, seeking temporary lease of motor authority under section 210a (b). in the same vehicle, in special round trip carrier properties of LESTER BOYCE NO. MC-F5798. Authority sought for service, and also charter service, such as and BOYCE MOTOR LINES, INC., in control by DOHRN TRANSFER COM educational tours, sightseeing tours, and lieu of a management contract. PANY, Robinson Bldg., Rock Island, pleasure or recreational tours, including NO. MC-F-5796. Authority sought 111., of the operating rights and prop arrangements for taking care of all in for control by WILSON FREIGHT FOR erty of STANDARD FREIGHT LINES, cidental expenses in connection with WARDING COMPANY, 3636 Follett Ave., INC., 501 West 18th St., Chicago, 111., such tours, beginning and ending at Cincinnati, Ohio, of the operating rights and for acquisition by CHARLES H. Jackson, Miss., and extending to points and property of THE CLEVELAND AND DOHRN and ARTHUR H. LORENZEN, in the United States. CHICAGO MOTOR EXPRESS COM Rock Island, 111., of control of said car NO. MC 114941, WILLIAM V. YODER PANY, 1970 Scranton Road, Cleveland, rier through the transaction. Appli and JOHN E. YODER, doing business as Ohio, and for acquisition by LEONARD cants’ attorney: David Axelrod, 39 S. ROCHESTER MOTOR COACH COM S. SHORE, S. DAVID SHORE, and LaSalle St., Chicago, 111. Operating PANY, 1730 Pennsylvania Ave., Monaca, DAVID M* GRANZ, Cincinnati, Ohio, of rights sought to be controlled: General Pa. Applicant’s attorney: Henry M. control of said carrier through the trans commodities, with certain exceptions, Wick, Jr., 1211 Berger Building, Pitts action. Applicants' attorney: Harry C. including household goods, as a common burgh 19, Pa. For authority to operate Ames, Jr., 227 Transportation Bldg., carrier, over regular routes, between as a common carrier, over regular routes, Washington, D. C. Operating rights points in Illinois, Michigan, Indiana, transporting: Passengers and their bag sought to be controlled: General com Ohio, and Kentucky, including routes, gage, and express, mail, and newspapers, modities, with certain exceptions, in between Chicago, 111., and Detroit, Mich., in the same vehicle with passengers, be cluding household goods,, as a common between Chicago, 111., and Columbus, tween (1) Beaver Falls, Pa., and East carrier, over regular routes, between Ohio, between Cincinnati, Ohio, and Liverpool, Ohio, over Pennsylvania High Cleveland, Ohio, and Chicago, 111., be Veedersburg, Ind., between Cincinnati, way 18 from Beaver Falls through tween Toledo, Ohio, and Fort Wayne, Ohio, and'Richmond, Ind., between In Brighton, Rochester, and Monaca, Pa. Ind., between Cleveland, Ohio, and dianapolis, Ind., and St. Marys, Ohio, to junction Pennsylvania Legislative Youngstown, Ohio, between Sandusky, between South Bend, Ind., and Louis Route 483, thence over Pennsylvania Ohio, and Akron, Ohio, between Fort ville, Ky., and between Peru, Ind., and Legislative Route 483 to Junction Penn Wayne, Ind., and junction Indiana Richmond, Ind., serving numerous inter sylvania Highway 168, thence over Penn Highway 2 and U. S. Highway 6, between mediate and off-route points; over var sylvania Highway 168 to junction U. S. Elyria, Ohio, and junction U. S. High ious routes for operating convenience Highway 30, thence over U. S. Highway way 20 and Ohio Highway 120 (west of only; and over certain routes with 30 to East Liverpool, and return over Toledo, Ohio), between Cleveland, Ohio, empty equipment; agricultural commo the same route, (2) Ambridge, Pa., and and Lorian, Ohio, and between junction dities, creamery products, and materials, East Liverpool, Ohio, over the Ambridge- of U. S. Highway 20 and Ohio Highway supplies, and equipment, used in the Aliquippa Bridge from Ambridge to 120 (east of Toledo) and junction of conduct of such business, over irregular Pennsylvania Highway 930, thence over Ohio Highway 120 and U. S. Highway 20 routes, between points in a described Pennsylvania Highway 930 to Monaca,. (west of Toledo), serving numerous in portion of Wisconsin, on the one hand, Pa., thence over route ¡Specified under termediate and off-route points; over and on the other, points in the Chicago, (1) above to East Liverpool, and return certain routes for operating convenience 111., Commercial Zone, and a certain por over the same route, and (3) Aliquippa, only. Vendee is authorized to operate tion of Illinois. Application has been Pa., and East Liverpool, Ohio, over Penn in Indiana, Ohio, Pennsylvania, New filed for temporary authority under sylvania Highway 04019 from Aliquippa York, Maryland, Kentucky, New Jersey, section 2i0a (b). to junction Pennsylvania Highway 51, Massachusetts, Virginia, North Caro NO. MC-F-5799. Authority sought for thence over Pennsylvania Highway 51 lina, Tennessee, West Virginia, Dela purchase by PALMER LINES, INC., (also over route specified under (2) ware, Connecticut, and the District of Sheffield Road, Sheffield, Mass., of the above, Pennsylvania Highway 930, from Columbia. Application has been filed operating rights and property of Aliquippa) to Monaca, Pa., thence over for temporary authority under section GEORGE F. PEASE, INC., 52 Russell St., routes specified under (1) and (2) above 210a (b). West Springfield, Mass., and for acqui to East Liverpool, and return over the NO. MC-F-5797. Authority sought sition by MELVIN B. WOOD, ROBERT same route; serving a ll. intermediate for purchase by SCHIRMER TRANS K. WHEELER, GEORGE R. McCOR- points on said routes. PORTATION COMPANY, INCORPO MICK, WILFRED MARDENBOROUGH, RATED, 649 Pelham Blvd., St. Paul, and MARIE HEISER CAUL, Sheffield, CORRECTIONS Minn., of the operating rights of NY- Mass., of control of the operating rights Application of OHIO TRI-COUNTY GREN TRANSPORTATION COMPANY, and property through the purchase. Ap TRUCKING CO., Toledo, Ohio, MC P. O. Box 348, New Brighton, Minn., and plicants’ attorney: William L. Mobley, 108001 Sub 5 is the correct docket num for acquisition by LLOYD W. SCHIR 1694 Main St., Springfield, Mass. Oper ber assigned to instant application pub MER, GAILE H. SCHIRMER and G. W. ating rights sought to be transferred: lished on page 6094, issue of Wednesday, BUSE, St. Paul, Minn., of control of the General commodities, with certain ex September 22, 1954, in lieu of docket operating rights through the purchase. ceptions, including household goods, as number MC 108011 Sub 5 as published. Applicants’ attorney: Donald A. Morken, a common carrier, over regular routes, Application of FLORA & RUNDLE, 1100 First National-Soo Line Bldg., Min between Springfield, Mass., and New Dodgeville, Wis., MC 114922 is the cor neapolis, Minn. Operating rights sought York, N. Y., serving the intermediate and rect docket number assigned to instant to be transferred: Petroleum products, off-route points of Thompsonville, Hart application published on page 6095, issue in bulk, in tank trucks, as a common car ford, Meriden, West Haven, Milford, or Wednesday, September 22, 1954, in rier, over irregular routes, from St. Paul, Bridgeport, Stamford, and Greenwich, neu of docket number MC 113922 as pub Minn., to the site of the Aberdeen Mu Conn., those within 15 miles of Spring- lished. nicipal Airport, near Aberdeen, S. Dak.; field and those within 25 miles of New residual oils, in bulk, in tank vehicles, York, N. Y.; boilers and boiler parts, APPLICATIONS UNDER SECTIONS 5 AND from Minneapolis and St. Paul, Minn., over irregular routes, from Westfield, 210a (b) and points within five miles of St. Paul, Mass., to New York, N. Y„ and points NO. MC-F-5677 published in the May to Algona, Charles City, Emmetsburg, on Long Island, N. Y., and those in New > 1954 issue of the Federal Register, Estherville, Fort Dodge, Graettinger, York and New Jersey within 60 miles Page 2754. Amendment filed September Hull, Humboldt, Lytton, Mason City, of New York, N. Y.; soap and soap prod Oelwein, Pocahontas, Sac City, Ansgar, ucts, from New York, N. Y., to points in toa 4’ to show the vendor as ALLMEN TRANSFER & MOVING COMPANY in Sanborn, Sibley, Sioux City, Spencer, Connecticut and those in Hampden THE ALLMEN TRANSFER & Storm Lake, Strawberry Point, and County, Mass. Vendee is authorized to moving co. Whittemore, Iowa, and Aberdeen, Madi operate in Massachusetts, New York, son, Mitchell, and Milbank, S. Dak. Delaware, New Hampshire, Virginia, 6466 NOTICES Pennsylvania, Vermont, Maine, Ohio, tion for relief from the long-and-short- mission, in its discretion, may proceed to New Jersey, Connecticut, Maryland, haul provision of section 4 (1) of the In investigate and determine the matters Rhode Island, and the District of Co terstate Commerce Act. involved in such application without lumbia. Application has been filed for Filed by: J. F. Brown, Agent, for car further or formal hearing. If because of temporary authority under section riers parties to schedule listed below. an emergency a grant of temporary relief 210a (b). Commodities involved: Castor beans, is found to be necessary before the ex By the Commission. carloads^ malted milk, carloads and less- piration of the 15-day period, a hearing, than-carloads, aluminum wire, less- upon a request filed within that period,’ [ seal ] George W. Laird, than-carloads. may be held subsequently. Secretary. Between: Points in Texas. By the Commission. [F. R. Doc. 54-7835; Filed, Oct. 5, 1954; Grounds for relief: Rail competition, 8:48 a. m.] circuity, to meet intrastate rates, and [seal] G eorge W. Laird, rates constructed on the basis of the Secretary. short line distance formula. [F. R. Doc. 54r-7830; Filed, Oct. 5, 1954; Schedules filed containing proposed 8:47 a. m.] [4th Sec. Application 29741] rates: J. F. Brown, Agent, I. C. C. No. 807, Supp. 59. S uperphosphate F rom East Tampa, F la., Any interested person desiring the [4th Sec. Application 29744] and S heffield, Ala., to B lytheville Commission to hold a hearing upon such and Walport, Ark. application shall request the Commis Coffee F rom H ouston, T ex., and New Orleans, La., to Illinois and Iowa application for relief sion in writing so to do within 15 days from the date of this notice. As provided APPLICATION FOR RELIEF October 1,1954. by the general rules of practice of the The Commission is in receipt of the October 1, 1954. Commission, Rule 73, persons other than The Commission is in receipt of the above-entitled and numbered application applicants should fairly disclose their in for relief from the long-and-short-haul terest, and the position they intend to above-entitled and numbered applica provision of section 4 (1) of the Inter take at the hearing with respect to the tion for relief from the long-and-short- state Commerce Act. application. Otherwise the Commission, haul provision of section 4 (1) of the - Filed by: R. E. Boyle, Jr., Agent, for in its discretion, may proceed to investi Interstate Commerce Act. carriers parties to schedule listed below: gate and determine the matters involved Filed by: F. C. Kratzmeir, Agent, for Commodities involved: Superphos in such application without further or carriers parties to schedules, listed be phate (acid phosphate), other than am- formal hearing. If because of an emer low. . moniated or defluorinated, in bulk, car gency a grant of temporary relief is Commodities involved: Green coffee, loads. found to be necessary before the expira carloads, roasted, ground, etc., in transit. From: East Tampa, Fla., and Sheffield, tion of the 15-day period, a hearing, From: Houston, Texas, and New Or Ala. upon a request filed within that period, leans, La. To: Blytheville and Walport, Ark. may be held subsequently. To: Specified points in Illinois and Grounds for relief: Rail competition, Iowa. circuity, grouping, rates constructed on By the Commission. Grounds for relief: Rail competition, the basis of the short line distance form [seal] George W. Laird, circuity, and market competition. ula, and additional destinations. Secretary. Schedules filed containing proposed . Schedules filed containing proposed rates: F. C. Kratzmeir, Agent, I. C. C. No. [F. R. Doc. 54-7829; Filed, Oct. 5, 1954; 4018, supp. 21. W. P. Emerson, Jr., rates: C. A. Spaninger,, Agent, I. C. C. 8:46 a. m.] No. 1433, supp. 2. Agent, I. C. C. No. 416, supp. 63. Any interested person desiring the Any interested person desiring the Commission to hold a hearing upon such Commission to hold a hearing upon such application shall request the Commission application shall request the Commis in writing so to do within 15 days from [4th Sec. Application 29743] sion in writing so to do within 15 days the date of this notice. As provided by Paper B oxes F rom Middletown, Ohio to from the date of this notice. As pro the general rules of practice of the Com B ogalusa, La., Jackson and Meridian, vided by the general rules of practice mission, Rule 73, persons other than Miss. of the Commission, Rule 73, persons applicants should fairly disclose their other than applicants should fairly dis interest, and the position they intend to application for relief close their interest, and the position take at the hearing with respect to the October 1,1954. they intend to take at the hearing with application. Otherwise the Commission, The Commission is in receipt of the respect to the application. Otherwise in its discretion, may proceed to investi above-entitled and numbered applica the Commission, in its discretion, may gate and determine the matters involved tion for relief from the long-and-short- proceed to investigate and determine the in such application without further or haul provision of section 4 (1) of the matters involved in such application formal hearing. If because of an emer Interstate Commerce Act. without further or formal hearing. If gency a grant of temporary relief is because of an emergency a grant of Filed by: H. R. Hinsch, Agent, for temporary relief is found to be necessary found to be necessary before the expira carriers parties to his tariff I. C. C. No. before the expiration of the 15-day pe tion of the 15-day period, a hearing, upon 4510, pursuant to fourth-section order riod, a hearing, upon a request filed a request filed within that period, may No. 17220. within that period, may be held sub be held subsequently. Commodities involved: Paper articles, viz.: boxes, fibreboard, without wooden sequently. By the Commission. frames, carloads. By the Commission. [seal] G eorge W. Laird, From: Middletown, Ohio. [seal] George W. Laird, Secretary. . To: Bogalusa, La., Jackson and Meri Secretary. dian, Miss. [F. R. Doc. 54-7828; Filed, Oct. 5, 1954; [F. R. Doc. 54-7831; Filed, Oct. 5, 1954; 8:46 a. m.] Grounds for relief: Competition with rail carriers and circuitous routes. 8:47 a. m.] Any interested person desiring the Commission to hold a hearing upon such [4th Sec. Application 29745] [4th Sec. Application29742] application shall request the Commis sion in writing so to do within 15 days M otor-R ail-M otor R ates B etween Chi Castor B eans and Other Commodities from the date of this notice. As pro cago, III., and K ansas City, Mo.; etween oints in exas B P T vided by the general rules of practice of S ubstituted S ervice the Commission, Rule 73, persons other . application for relief application for relief than applicants should fairly disclose O ctober 1, 1954. their interest, and the position they in October 1,1954. The Commission is in receipt of the tend to take at the hearing with respect The Commission is in receipt of th® above-entitled and numbered applica to the application. Otherwise the Com above-entitled and numbered application. Wednesday, October 6, 1954 FEDERAL REGISTER 6467 for relief from the long-and-short-haul from the date of this notice. As pro SECURITIES AND EXCHANGE provision of section 4 (1) of the Inter vided by the general rules of practice state Commerce Act. of the Commission, Rule 73, persons COMMISSION Piled by: Middlewest Motor Freight other than applicants should fairly dis [File Nos. 31-208, 31-505] Bureau, Agent, for the Chicago Great close their interest, and the position they Western Railway Company, Motorways, intend to take at the hearing with re I nternational Paper Co. Inc., Ringsby Truck Lines, Inc., and spect to the application. Otherwise the ORDER DECLARING SUBSIDIARY NOT TO BE AN other motor carriers. Commission, in its discretion, may pro ELECTRIC U TILITY COMPANY AND GRANT Commodities involved : Highway- ceed to investigate and determine the ING CERTAIN RELATED REQUESTS trailers, loaded or empty, on flat cars. matters involved in such application Between: Chicago, 111., and Kansas without further or formal hearing. If S eptember 30, 1954. City, Mo. because of an emergency a grant of tem International Paper Company (“Pa Grounds for relief: Competition with porary relief is found to be necessary per”) has filed an application, under motor carriers. before the expiration of the 15-day pe section 2 (a) (3) of the Public Utility Schedules filed containing proposed riod, a hearing, upon a request filed Holding Company Act of 1935 (“act”), rates: Middlewest Motor Freight Bureau, within that period, may be held for an order declaring its subsidiary, Agent, MF-I. C. C. No. 223, supp. 15. subsequently. Canadian International Paper Company Any interested person desiring the By the Commission. (“Canadian”), not to be an electric util Commission to hold a hearing upon such ity company as defined in that section application shall request the Commission [seal] G eorge W. Laird, of the act. in writing so to do within 15 days from Secretary. Paper also has filed certain applica the date of this notice. As provided by [F. R. Doc. 54r-7833; Filed, Oct. 5, 1954; tions (File Nos. 31-208 and 31-505) re the general rules of practice of the Com 8:47 a. m.] questing an order making applicable to mission, Rule 73, persons other than ap it orders previously issued in respect of plicants should fairly disclose their in its predecessors, International Paper and terest, and the position they intend to Power Company (“Power”) and Inter take at the hearing with respect to the [4th Sec. Application 29747] national Paper Company (“Old Paper”) ; or, in the alternative, requesting orders application. Otherwise the Commis P etroleum P roducts F rom D oniphan, sion, in its discretion, may proceed to under sections 2 (a) (7) and 2 (a) (3) N ebr., to P oints in N ebraska investigate and determine the matters of the act declaring Paper not to be a involved in such application without fur APPLICATION FOR RELIEF holding company and not to be an elec ther or formal hearing. If because of an October 1, 1954. tric utility company, as defined therein. emergency a grant of temporary relief is Paper has also requested permission, found to be necessary before the ex The Commission is in receipt of the upon the entry of an order declaring piration of the 15-day period, a hearing, above-entitled and numbered applica Canadian not to be an electric utility upon a request filed within that period, tion for relief from the long-and-short- company, to withdraw the pending ap may be held subsequently. haul provision of section 4 (1) of the plications with regard to Paper and that Interstate Commerce Act. it be relieved of any further duty or By the Commission. Filed by: W. J. Prueter, Agent, for obligation under a certain commitment [seal] G eorge W. Laird, carriers parties to schedules listed below. (contained in Paragraph 11 of Amend Secretary. Commodities involved: Gasoline, dis ment No. 2, dated January 31, 1939, to tillate fuel oil and other petroleum prod the application in File No. 31-208), made [P. R. Doc. 54-7832; Filed, Oct. 5, 1954; ucts, in tank-car loads. 8:47 a. m.] by Power and Old Paper obligating them From : Pipe line terminal at Doniphan, to notify the Commission within thirty Nebr. days of any material changes in any To: Points in Nebraska. existing leases or contracts,.or the terms [4th Sec. Application 29746] Grounds for relief: Competition with and conditions of any new lease or con rail carriers, circuity, competition with tract, between Power and Old Paper and Coal Ashes and Cinders F rom Maryland motor carriers. their subsidiaries, on the one hand, and and Pennsylvania to Virginia Schedules filed containing proposed International Hydro-Electric System rates: W. J. Prueter, Agent, I. C. C. No. application for relief (“IHES”), a former holding company A-3985, supps. 9 and 10. subsidiary of Power, and The Olcott Falls October 1,1954. Any interested person desiring the Company, a former public-utility sub The Commission is in receipt of the Commission to hold a hearing upon such sidiary of Old Paper, and their sub above-entitled and numbered application application shall request the Commis sidiaries, on the other hand. for relief from the long-and-short-haul sion in writing so to do within 15 days Due notice of the filing of the applica provision of section 4 (1) of the Inter from the date of this notice. As pro tion for an order declaring Canadian not state Commerce Act. vided by the general rules of practice to be an electric utility having been Filed by: C. W. Boin, Agent, for car of the Commission, Rule 73, persons given, and a hearing not having been riers defendants in docket 31116, 292 other than applicants should fairly dis ordered by, or requested of, the Commis l C. C. 93. close their interest, and the position they sion; and Commodities involved: Coal ashes and intend to take at the hearing with respect The Commission having examined said cinders, carloads. to the application. Otherwise the Com application, the statements contained From: Auchincloss, Centralia, Ches- mission, in its discretion, may proceed to therein, and the files pertinent thereto, tv.’ Harw°°d Mines, Forest Castle, and investigate and determine the matters and having considered the requests made other points in Pennsylvania, Amcelle, involved in such application without in connection therewith; and Cijjûberland and Sparrows Point, Md. further or formal hearing. If because It appearing that Canadian is a cor To: Charlottesville, Fredericksburg, of an emergency a grant of temporary poration organized under the laws of the Lynchburg, Richmond, South Boston, relief is found to be necessary before the Province of Quebec, Canada, operates btone Springs and Webster, Va. expiration of the 15-day period, a hear entirely in Canada, has no securities out Grounds for relief: Rail competition, ing, upon a request filed within that standing in the hands of the public, and circuity, and to apply rates constructed period, may be held subsequently. has no subsidiaries operating in the on the basis of the short line distance By the Commission. United States; that it and its subsidiaries formula. are all engaged in the manufacture and Any interested person desiring the [seal] G eorge W. Laird, sale of pulp, paper, and paper products, commission to hold a hearing upon such Secretary. or in owning and holding property and application shall request the Commis [F. R. Doc. 54-7834; Filed, Oct. 5, 1954; facilities for future development and use sion in writing so to do within 15 days 8:47 a. m.] in connection with such manufacturing lk68 NOTICES business; that Canadian purchases the It further appearing that neither taining to it under sections 2 (a) (7) and major pbrtion of its electric power re Paper nor any of its subsidiaries now 2 (a) (3) of the act, and that it be re quirements from Gatineau Power Com owns any securities of IHES or The Ol- lieved of any further duty or obligation pany and the Hydro-Electric Power cott Falls Company and that Paper owns under the aforesaid commitment of Commission of Ontario, non-affiliates; only 29 shares of preferred stock and 43 Power and Old Paper: but that, in connection with certain of shares of common stock of Gatineau It is ordered, Pursuant to section 2 (a) its manufacturing plants, it owns and Power Company (a public-utility sub (3) of the act, that Canadian be, and it operates certain facilities for the genera sidiary of IHES and formerly an indi is hereby, declared not to be an electric tion of electric energy for use in its man rect subsidiary of Power), and 1,440 utility company. ufacturing operations, and ' it sells shares of common stock of New England It is further ordered, That permission electric energy to certain affiliated and Electric System, a registered holding be, and it hereby is, granted to Paper to nonaffiliated manufacturing companies, company (whose predecessor was a withdraw the pending applications per and to tenants, employees, and in a holding company subsidiary of IHES and taining to it under section 2 (a) (3) and minor measure to others, residents of an indirect subsidiary of Power); and 2 (a) (7) of the act. communities adjacent to certain of its The Commission having found that plants; and that during the eight-year It is further ordered, That Paper be, Canadian is primarily engaged in one or and it ^hereby is, relieved of the commit period 1946-1953, Canadian’s gross reve more businesses other than the business nues ranged from $87,829,910 in 1946 of an electric utility company, and that ment 'contained in Paragraph 11 of upwards to $174,646,438 in 1953. During by reason of the small amount of electric Amendment No. 2 dated January 31,1939 the same "period its revenues from the energy sold by such company, all of to the application in File No. 31-208. sale of electric energy ranged from $148,- which is sold in the Dominion of Canada, It is further ordered, Pursuant to re 453 in 1946 upwards to $253,789 in 1953, it is not necessary in the public interest quest by applicant, that this order be of which the portion from sales to or for the protection of investors or con come effective upon its issuance. sumers that such company be considered By the Commission. tenants, employees, and other house an electric utility company for the pur holders ranged from $31,000 in 1946 to poses of the act; and the Commission [seal] r Orval L. D ttBois, $58,945 in 1953 (approximately 95 per having further found it appropriate to Secretary. cent being from tenants and employees); grant Paper’s requests for permission to [F. R. Doc. 54-7825; Piled, Oct. 5, 1954; and withdraw the pending applications per 8:46 a. m.l