Federal Register

Æ\ %. FEDERALREGISTER

NUMBER 139 VOLUME 22 OftiTtO ^ Washington, Friday, July 19, 1957

TITLE 5—-ADMINISTRATIVE regulation. The cancellation of this des­ CONTENTS ignation shall not affect any credit which PERSONNEL has accrued for service at Belize prior Agricultural Marketing Service PaSe Chapter I— Civil Service Commission to the date of this regulation. Proposed rule making: 3. The following name changes are Dates, domestic; produced or Part 6—Exceptions F rom the made effective as of the signature date packed in Los Angeles and Competitive Service of this regulation: Riverside Counties of Cali­ DEPARTMENT OF STATE Accra, Gold Coast to Accra, Ghana. fornia______5777 Khartoum, Anglo-Egyptlan Sudan to Milk; in Texas Panhandle mar­ Effective upon publication in the F ed­ Khartoum, Sudan. keting area______- 5776 eral R eg ister , paragraph

CONTENTS— Continued CONTENTS—Continued Federal Communications Com- PaS° Land Management Bureau— Pas® FEDERA^BEGISTER mission— Continued Continued Notices— Continued Rules and regulations: Hearings, etc.—Continued Idaho; public land order______5771 Published daily, except Sundays, Mondays, Nelson, Wayne M., and Fred Maritime Administration and days following official Federal holidays, H. Whitley______5780 Notices: by the Federal Register Division, National Port City Television Co., Inc., Grace Line, Inc.; application Archives and Records Service, General Serv­ and Bayou Broadcasting ices Administration, pursuant to the au­ for operation of vessel by Corp______5780 charterer______5779 thority contained in the Federal Register Act, Southwest States, Inc., and approved July 26, 1935 (49 Stat. 500, as Navy Department amended; 44 U. S. C., ch. 8B ), under regula­ Kenyon Brown______5780 tions prescribed by the Administrative Com­ Proposed rule making: Rules and regulations: mittee of the Federal Register, approved by Television broadcast stations; . Naval Academy; admission of the President. Distribution is made only by table of assignments: candidates as midshipmen___ 5750 the Superintendent of Documents, Govern­ Alexandria-St. Cloud, Minn. 5776 Patent Office ment Printing Office, Washington 25, D. C. Eugene-Corvallis, Oreg______5776 The F ederal R egister will be furnished by Rules and regulations: mail to subscribers, free of postage, for $1.50 Federal Power Commission Rules of practice; miscellaneous per month or $15.00 per year, payable in Notices: amendments______»______5770 advance. The charge for individual copies Hearings, etc.: State Department (minimum 15 cents) varies in proportion to Algonquin Gas Transmission the size of the issue. Remit check or money Rules and regulations: order, made payable to the Superintendent Co.______5782 Federal Government employees of Documents, directly to the Government Duke Power Co______5781 serving outside United States; Printing Office, Washington 25, D. C. El Paso Natural Gas Co______5782 unhealthful posts..______5733 The regulatory material appearing herein Gulf Interstate Gas Co______5781 Visas; nonimmigrant aliens and Is keyed to the Code of F ederal R eg ulatio ns, Northern States Power Co___ 5780 immigrants; miscellaneous which is published, under 50 titles, pursuant Phillips Petroleum Co______5782 to section 11 of the Federal Register Act, as amendments______. 5769 amended August 5, 1953. The Code of F ed­ Federal Trade Commission Treasury Department eral R egulations is sold by the Superin­ Rules and regulations: tendent of . Documents. Prices of books and Cease and desist orders: See Customs Bureau., pocket. supplements vary. Bloom, Roy M., Inc., et al____ 5769 Veterans Administration There are no restrictions on the re­ Rules and regulations: publication of material appearing in the U. S. Packaging Córp. et al__ 5768 Dependents and beneficiaries F ederal R egister, or the Code of F ederal Food and Drug Administration R eg u latio ns. Rules and regulations: claims; dependency and in­ Antibiotic drugs exempted from demnity compensation______5770 certification; assay require­ Now Available ments.______5769 CODIFICATION GUIDE Health, Education, and Welfare A numerical list of the parts of the Code UNITED STATES Department of Federal Regulations affected by documents GOVERNMENT See Food and Drug Administra­ published in this issue. Proposed rules, as tion. opposed to final actions, are identified as ORGANIZATION 6UCh. MANUAL Housing and Home Finance Agency Title 5 Pa§e 1957-58 Edition Notices: Chapter I: Delegations of authority: Part 6______5733 (Revised through June 1) Regional Administrator, Re- Chapter III: Part 301..... 5733 Published by the Federal Register Division, gion V I (San Francisco) 5783 the National Archives and Records Service, Regional Director of Urban Title 6 General Services Administration Renewal, Region TV (Chi­ Chapter IV : cago) ______5783 Part 421...... 5733 778 pages—-$1.50 a copy Interior Department Title 7 Order from Superintendent of Documents, See also Land Management Bu­ Chapter H I: United States Government Printing Office, reau. Part 301.______j______5735 Washington 25, D. C. Notices: Chapter IX : Delegations of authority: Part 911 (proposed)______5776 Defense functions______5779 Part 936 (10 documents)___ 5738-5745 Fish and Wildlife Service____ 5778 Part 1003 (proposed)__;______5777 CONTENTS— Continued Heads of Bureaus______5778 Part 1020._____ 5746 Proposed rule making : Customs Bureau PaS® Leases, permits, and easements Title 14 Chapter II: Rules and regulations: for public works______5775 Part 609 (2 documents)____ 5746,5747 Certain imported articles sub­ Interstate Commerce Commis­ ject to internal revenue taxes; Title 16 sion Chapter I: correction______5769 Notices : Part 13 (2 documents)_____ 5768,5769 Defense Department Fourth section applications for See Navy Department. relief______5783 Title 19 Federal Communications Com­ Chapter I: Land Management Bureau Part 19.______' 5769 mission Proposed rule making : Notices: General mining regulations; Title 21 Hearings, etc. : disposal of certain reserved Chapter I: Elko Broadcasting Co. and minerals______5774 Part 146...... 5769 Nevada Radio-Television, Revested Oregon and California Title 22 ■ ' ; r:" Inc— — ------5780 Railroad and reconveyed Coos Chapter I: Jackson County Broadcasting Bay Wagon Road grant lands Part 41____ 5769 Co------5780 in Oregon; sale of timber__ 5772 Part 42...... 5769 Friday, July 19, 1957 FEDERAL REGISTER 5735

For wheat testing—Continued Percent within the meaning of the provisions in CODIFICATION GUIDE— Com 63 pounds or over, bu t less than 54 this subpart: pounds ... — _____ - — ------88 Alabama Title 32 pag® 52 pounds or over, but less than 53 Chapter VI: pounds------87 Baldwin County. S% T. 3 S„ Rs. 3 and 4 E.; Part 710______5750 51 pounds or over, but less than 52 SE»4 T. 3 S., R. 2 E.; Tps. 4 and 5 S., Rs. 3 pounds.------85 and 4 E.; E l/2 Tps. 4 and 5 S., R. 2 E.; Tps. 6 Title 37 50 pounds or over, but less than 51 and 7 S., R. 4 E.; E & T. 7 S., R. 3 E.; E y3 and Chapter I: pounds------83 secs. 3, 4, 5, 6 , 7, 8, 9, and 10, T. 6 S., R. 3 E.; Part 1______—— »— ------5770 49 pounds or over, but less than 50 secs. 1, 2, 3, 10, 11, and 12, T. 6 S., R. 2 E.; pounds______.__—------82 secs. 1, 2, 11, and 12, T. 8 S., R. 3 E.; secs. 6 Title 38 48 pounds or over, but less than 49 and 7, T. 8 S., R. 4 E.; S% T. 7 S., R. 5 E.; Chapter I: pounds______,______80 and T. 7 S„ R. 6 E. Part 4______— ------5770 47 pounds or over, bu t less than 48 Clarke County. T. 8 N., R. 3 E., and SVs Title 43 pounds______78 T. 9 N., R. 3 E., including all of the town of 46 pounds or over, but less than 47 Grove Hill; and all that area lying within the Chapter I: pounds______77 corporate limits of the town of Jackson. Part 9 (proposed)______- 5775 45 pounds or over, but less than 46 Coffee County. That part of the county Part 115 (proposed)— ------— 5772 pounds______75 lying south of the South line of T. 6 N. Part 185 (proposed)------5774 44 pounds or over, but less than 45 Conecuh County. T. 5 N., Rs. 9, 10, 11, 12, Appendix (Public land orders) : pounds______• 73 13, and 14 E.; T. 6 N., Rs. 10, 11, 12, and 13 E.; 1445 ...... 5771 43 pounds or over, but less than 44 and those parts of T. 4 N., R. 7 E„ T. 5 N., pounds______- 72 Rs. 7 and 8 E., T. 6 N., Rs. 8 and 9 E., Tps. 7 Title 47 42 pounds or over, but less than 43 and 8 N., R. 9 E., and Tps. 7, 8 , and 9 N., R. Chapter I: pounds______70 10 E., lying in Conecuh County. Part 3 (proposed) (2 docu­ 41 pounds or over, but less than 42 Covington County. All of Covington ments) ______5776 pounds______68 County. 40 pounds or over, but less than 41 Crenshaw County. Secs. 27, 28, 29, 30, 31, pounds______------67 32, 33, and 34, T. 9 N., R. 18 E., and secs. 3, 4, (1) The wheat must be (i) wheat of 5, and 6 , T. 8 N., R. 18 E., including all of the (Sec. 4, 62 Stat. 1070, as amended; 15 U. S. C. any class grading No. 3 or better; (ii) 714b. Interpret or apply sec. 5, 62 Stat. 1072, town of Luverne. Dale County. Secs. 25 and 36, T. 4 N., R. 25 wheat of any class grading No. 4 or 5 secs. 101, 401, 63 Stat. 1051, 1054; 15 U. S. C. E.; secs. 28, 29, and 30, T. 4 N., R. 26 E. because of containing “Durum” and/or 714c, 7 U. S. C. 1441, 1421) “Red Durum” but otherwise grading No. Dallas County. Tps. 13, 14, 15, 16, and 17 Issued this 15th day of July 1957. N., Rs. 10 and 11 E.; N% of T. 15 N., Rs. 6 , 3 or better; (iii) wheat of any class 7, 8 , and 9 E.; T. 16 N., Rs. 7, 8 , and 9 E. grading No. 4, 5 or “ Sample” on the fac­ [ s e a l ] C lar en c e L. M il l e r , Escambia County. Tps. 1, 2, and 3 N., Rs. 6 , tor of test weight only but otherwise Acting Executive Vice President, 7, and 8 E.; secs. 33, 34, 35, and 36, T. 1 meeting the requirements stated in sub­ Commodity Credit Corporation. N., R. 10 E., and all area south thereof to division (i) or (ii) of this subparagraph the Alabama State line. [F. R. Doc. 57-5932; Filed, July 18, 1957; Geneva,County. All of Geneva County. and having a test weight of not less than 8:53 a. m.] 40 pounds per bushel; or (iv) wheat of Houston County. All of Houston County west of west line of R. 28 E. the class Mixed Wheat, consisting of Jefferson County. Secs. 17, 18, 19, and 20, mixtures of grades of eligible wheat as TITLE 7— AGRICULTURE T. 18 S., R. 3 W~, and that area included stated in subdivision ,(i), (ii) or (iii) of within the corporate limits of the city of this subparagraph provided such mix­ Chapter III— Agricultural Research Birmingham. tures are the natural products of the Service, Department of Agriculture Lowndes County. All of T. 14 N., R. 12 E. field. Marengo County. Secs. 28, 29, 30, 31, 32, [P. P. C. 618, Revised] and 33, T. 16 N., R. 3 E.; and secs. 4, 5, 6 , 2. Section 421.2240 (c) is amended by 7, 8, and 9, T. 15 N., R. 3 E. extending the schedule therein to apply P art 301— D omestic Quarantine N otices Mobile County. A ll of Mobile County. to wheat testing as low as 40 pounds Subpart—W hite-F ringed B eetle Monroe County. All of Monroe County. per bushel so that the amended para­ Montgomery County. Tps. 16 and 17 N., graph reads as follows: AMENDMENT OF ADMINISTRATIVE Rs. 17, 18, and 19 E.; and that part of T. 18 INSTRUCTIONS DESIGNATING REGULATED N., R. 18 E., lying in Montgomery County. § 421.2240 Determination of quan­ AREAS v . Washington County. All of Washington tity. * * * County. (c) When the quantity of wheat is Pursuant to § 301.72-2 of the regula­ Wilcox County. N % T. 10 N., Rs. 6 , 7, determined by measurement, a bushel tions supplemental to notice of quaran­ 8 , 9, 10, and 11 E.; T. 11 N., Rs. 8 , 9, 10, and shall be 1.25 cubic feet of wheat testing tine No. 72 relating to the white-fringed 11 E.; T. 12 N., Rs. 9 and 10 E.; that part of T. 12 N., R. 8 E., lying south of the Alabama 60 pounds per bushel. The quantity de­ beetle (7 C F R 1956 Supp. 301.72-2), under sections 8 and 9 of the Plant Quarantine River; and those portions of T. 13 N., Rs. 8 termined shall be the following percent­ and 9 E., lying east of the Alabama River ages of the quantity determined for 60- Act of J.912, as amended (7 U. S. C. 161, and south of Pine Barren Creek. pound wheat: 162), the administrative instructions in 7 F lorida For wheat testing: Percent CFR 1956 Supp., § 301.72-2a are hereby 65 pounds or over------108 revised to read as follows: Escambia County. All of Escambia County. Holmes County. S% T. 6 N., R. 15 W., ex­ 64 pounds or over, but less than 65 § 301.72-2a Administrative instruc­ pounds______107 cept secs. 18, 19, 30, and 31; NE^4 and secs. 63 pounds or over, but less than 64 tions designating regulated areas under 22, 23, and 24, T. 5 N., R. 15 W., including all pounds______105 the white-fringed beetle quarantine and of the town of Smyrna; secs. 5, 6 , 7, 8 , 17, 18, 62 pounds or over, but less than 63 regulations. Infestations of white- 19, and 20, T. 5 N., R. 14 W.; secs. 29, 30, 31, pounds______103 fringed beetles have been determined to and 32, T. 6 N., R. 14 W.; and E y2 of Tps. 4, 61 pounds or over, but less than 62 exist, in the quarantined States, in the 5, 6 , and 7 N., R. 18 W. pounds.------10 2 Jackson County. All of Jackson County respective counties, parishes, cities, sec­ east of Cowarts Creek and the Chipola River. 60 pounds or over, but less than 61 tions, townships, militia districts, and pounds______100 Okaloosa County. That part of the county 59 pounds or over, but less than 60 other civil divisions, and parts thereof, lying north of the south line of T. 2 N. pounds______-_j.______98 listed below, or it has been determined Santa Rosa County. All of Santa Rosa 58 pounds or over, but less than 59 that such infestation is likely to exist County. pounds.______97 therein, or it is deemed necessary to reg­ Walton County. That part of the county 57 pounds or over, but less than 58 ulate such civil divisions and parts there­ lying north of the south line of T. 3 N. pounds______95 of because of their proximity to infesta­ G eorgia 56 pounds or over, bu t less than 57 tion or their inseparability for quaran­ Baldwin County. That area included with­ pounds______93 tine purposes from infested locahties. 55 pounds or over, but less than 56 in the corporate limits of the city of Mill- pounds______- 92 Accordingly, such civil divisions and edgeville, and an area one mile wide begin­ 54 pounds or over, but less than 55 parts thereof are hereby designated as ning at the north corporate limits of Mill- pounds______90 white-fringed beetle regulated areas edgeville extending northerly along U. S. 5736 RULES AND REGULATIONS

Highway No. 441 with said highway as a Emanuel County. That area included ville and Montezuma; and that area In­ center line for a distance of one mile. within a circle having a 1 Vi-mile radius and cluded within the corporate limits of Ben Hill County. That area Included with­ center at the Union Grove Methodist Church Oglethorpe. in a circle having a 2 -mile radius and center in Georgia Militia District No. 49. Monroe County. That area included at the Ben Hill County Courthouse in Fitz­ Fulton County. That area Included with­ within the corporate limits of the city of gerald, including all of the city of Fitzgerald. in the corporate limits of the city of East Forsyth. Berrien County. That area included within Point. Montgomery County. That area bounded the corporate limits of the city of Nashville. Greece County. That area included with­ on the east by the Montgomery-Toombs Bibb County. That area included within in the corporate limits of the city of County line, on the south by Rocky Creek, the Georgia Militia Districts of East Macon, Greensboro. on the west by Georgia State Highway 29, Godfrey, Vineville, Hazzard, and Howard; and Houston County. That area included and on the north by Swift Creek; and those that portion of the Georgia Militia District within the lower Fifth Georgia Militia. Dis­ areas included within the corporate limits of Rutland lying east of a line beginning at trict, including all. of the city of Warner of the city of Mount Vernon and the town of the point where U. S. Highway No. 41 crosses Robins and all .of Robins Air Force Base; an Ailey. the north boundary of said militia district area 2 miles wide beginning north of Perry Newton County. That area included (Tobesofkee Creek) and running southward and bounded on the north by Mossy Creek within a circle having a 1 -mile radius and along said highway to its junction with Hart­ and extending southward along U. S. High­ center at the Porterdale High School, includ­ ley ¡Bridge Road and thence southwestward way No. 41 with said highway as a center- ing all of the town of Porterdale. along said road to the west boundary line of line to and bounded on the south by Cieorgia Peach County. That area included within said militia district. State Highway 26, including all of the city of the Georgia Militia District of Fort Valley, Bleckley County. That area included Perry; and an area 2 miles wide beginning including all of the city of Fort Valley; and within the corporate limits of the city of north of Clinchfleld and bounded on the that area included within the corporate Cochran; and that portion of the Georgia north by Big Indian Creek and extending limits of the town of Byron. Militia District of Manning included within southwesterly along the Southern Railway , Putnam County. That area included a boundary beginning at the intersection of with said railway as a centerline to and within the Georgia Militia District of Ash- Georgia State Highway .112 and the Bleckley- bounded on the south by Burnham Branch bank. • Twiggs County line, thence northeast along southwest of Grovania, including all of the Richmond County. That portion of the said county line to the intersection of the communities of Clinchfleld and Grovania. . Georgia Militia District of Forest Hills Bleckley, Twiggs, Wilkinson, and Laurens Irwin County. That area included within bounded on the south by Raes Creek and County lines, thence southeast for a distance a circle having a Vi -mile radius and center Lake Olmsted and on the west by the Berk- of 1 mile along the Bleckley-Laurens County at the intersection in Irwinville of Georgia man Road and a line extended due north line, and thence northwest to the point of State Highway 32 and the Jefferson Davis from the point of intersection of the Berk- beginning. Memorial State Park Road; that area in­ man and Washington Roads. Bulloch County. That area included cluded within a circle having a 2 -mile radius . Screven County. That area included within a circle having a 2 -mile radius and and center at the Irwin County Courthouse within a circle having a 2 -mile radius and center at the Bulloch County Courthouse in at Ocilla, including all of the city of Ocilla; center at the Screven County Courthouse Statesboro, including all of the city of States­ an area 1 mile wide bounded on the south in Sylvania, including all of the city of boro; and that area included within a circle and east by the Irwin-Coffee County line and Sylvania. having a 1 -mile radius and center at the extending northwesterly along the Atlanta, Sumter County. That area included Georgia and Florida Railroad depot in Portal, Birmingham and Coast Railroad with said within the corporate limits of* the city of including all of the town of Portal. railroad as a centerline for a distance of 1 % Americus; and an area 1 mile wide begin­ Burke County. That area, comprising miles beyond the Atlanta, Birmingham and ning at the east corporate limits of Americus parts of Georgia Militia Districts numbers Coast Railroad depot in Wray; and an area 2 and extending along U. S. Highway No. 280 60 and 62, bounded on the east by Fitz miles wide beginning at the Atlanta, Bir­ with said highway as a centerline to Mill Branch;-on the south by a line beginning at mingham and Coast Railroad in Georgia M ili­ Creek. the intersection of Georgia State Highway 56 tia Distict No. 1661 and extending southeast­ Taylor County. That area included in the and the Hephzibah Road and extending due erly along Georgia State Highway 32 with said Georgia Militia District of Reynolds, includ­ east to its intersection with Fitz Branch, on highway as a centerline to. the east boundary ing all of the town of Reynolds; and that the West by Hephzibah Road, and on the of said militia district. area included within a circle having a 2 y2- north by Brier Creek, including all of the Jasper County. That area included within mile radius and center at Taylor County city of Waynesboro. Georgia Militia Districts numbers 262, 289, Courthouse in Butler, including all of the Candler County. That area included and 295; and that portion of Georgia Militia town of Butler. within a circle having a 1 ^4 -mile radius and Districts numbers 288 and 291 lying south Toombs County. That area bounded on center at the intersection in Metter of of Whiteoak and Murder Creeks. the east by the east boundaries of the Georgia State Highways 23 and 46, including Jefferson County. That area included Georgia Militia Districts of Vidalia and Cen­ all of the city of Metter. within the corporate limits of the city of ter, on the south by Rocky Creek, on the Coffee County. That area included within Louisville; and that area Included within west by the Toombs-Montgomery County the corporate limits of the city of Douglas; a circle having a 1 -mile radius and center line, and on the north by Swift Creek, in­ an area 2 miles wide beginning at the north at the Central of Georgia Railway depot in cluding all of the city of Vidalia. corporate limits of the city of Douglas and Bartow, including all of the town of Bartow. Treutlen County. That area included extending northward along U. S. Highway Johnson• County. That area included within the corporate limits of the city of No. 441 with said highway as a centerline within the corporate limits of the city of Soper ton; and an area 1 mile wide beginning to and bounded on the north by Seventeen Wrightsville; and an area 1 mile wide be­ at the south corporate limits of Soperton Mile Creek; that area included within a ginning at the west corporate limits of and extending southeasterly along Georgia circle having a 2 -mile radius and center at Wrightsville and extending southwesterly State Highway 29 with said highway as a the Atlanta, Birmingham and Coast Rail­ along Georgia State Highway 15 with said centerline to the Treutlen-Montgomery road depot in Ambrose, including all of the highway as a centerline to the Ohoopee County line. town of Ambrose; and an area 3 miles wide River. Turner County. That area bounded on the . beginning at a line projected due east and Laurens County. Those portions of the east by a line parallel to and y2 mile east due west from a point on the Georgia and Georgia Militia Districts of Dublin, Dudley, of the Sycamore town limits, on the south Florida Railroad 1 mile northwest of the rail­ and Harvard included within an area 2 mil&s by a line parallel to and y2 mile south of road depot in Broxton, and extending north­ wide beginning at the west corporate limits the Sycamore town limits, on the west by a westerly with said railroad as a centerline to of Dublin and extending northwesterly line parallel to and y2 mile west of the Syca­ and bounded on the north by Georgia State along the Macon, Dublin and Savannah Rail­ more town limits, on the porth by a line Highway 107. road with said railroad as a centerline to the parallel to and y2 mile north of the Sycamore Crawford County. That area included Laurens-Wilkinson and Laurens-Bleckley town limits, and the projections of such lines within a circle having a iy 2 -mile radius and County lines, including all of the towns of to their intersections, including all of the center at the intersection in Roberta' of Dudley and Montrose and that portion of town of Sycamore; and that part of the U. S. Highway No. 80 and Georgia State Allentown lying in Laurens County; that Georgia Militia District of Clements included Highway 7, including all of the city of area included within the corporate limits of within a circle having a % -m ile radius and Roberta and the town of Knoxville. the city of Dublin; an area 2 miles wide center at the Bethel School. Crisp County. That area included within beginning at the north corporate limits of Twiggs County. That portion of the Geor­ the corporate limits of the city of Cordele. Dublin and extending northward along Geor­ gia Militia District of Higgsville bounded on Dodge County. That area included within gia State Highway 29 with said highway as the east by the Twiggs-Wilkinson County land lots numbers 6 , 7, 8 , 9, 10, 11, 12, 13, a centerline for a distance of 3 miles; and line, on the south by the Twiggs-Bleckley 18, 19. 20, 21, 22, 23, 24, 25, 36, 37, 38, 39, that portion of the Georgia Militia District County line, on the north by a line parallel 40, 41, and 42 in the Fifteenth Land District, of Smith lying north of the Macon, Dublin to and zy2 miles north of the Twiggs* and land lots numbers 278, 279, 280, 281, 282, and Savannah Railroad and east of Shaddock Bleckley County line, on the west by a line 289, 290, 291, 292, 293, 294, 295, 306, 307, 308, Creek. parallel to and 1 mile west of the Twiggs* 309, 310, 311, and 312 in the Sixteenth Land Macon County. That area lying east of Wilkinson County line, and the projections District, including all of the city of Eastman. Flint River including the cities of Marshall- of such lines to their intersections, including Friday, July 19, 1957 FEDERAL REGISTER 5737 all of those portions of the towns of Allen­ except secs. 6 , 7, and 18; secs. 5, 6 , 7, 8 , 17, center line to a due north-south line pro­ town and Danville lying in Twiggs County. and 18, T. 2 S„ R. 5 W.; and that part of secs. jected through the point of intersection of Washington County. That area included 31 and 32, T. 1 S., R. 5 W., lying south of said railroad with the east corporate limits within a circle having a 5 -mile radius and Mississippi State Highway No. 15; and W% of Polkton, including all of the towns of center at the Washington County Court­ of T. 3 S., R. 5 W. Peachland and Polkton. house in Sandersville, including all of the Greene County. Secs. 16, 17, 18, 19, 20, 21, Brunswick County. All of Eagles Island. city of Sandersville and the city of Tennille. 28, 29, 30, 31, 32, and 33, T. 2 N., R. 8 W.; and Cumberland County. That area included Wheeler County. That area included with­ secs. 1, 2,11, and 12, * . 2 N., R. 6 W., including within a circle having a 4%-mile radius and in land lots numbers 40, 41, 42, 43, 48, 49, all of the City of Leaksville. center at the Atlantic Coast Line Railroad 50, 51, 70, 71, 72, 73, 78, 79, 80, 81, 100, 101, Hancock County. All of Hancock County. depot in Hope Mills, including all of the town 102, and 103, in the Eleventh Land District, Harrison County. All of Harrison County. of Hope Mills and all of the communities including all of the town of Alamo. Hinds County. Secs. 2, 3, 4, 9,'10, and 11, of Cumberland and Roslin. Wilkinson County. That portion of the T. 7 N., R. 1 W.; E% T. 6 N., R. 3 W.; W & T. Duplin County. That area included within Georgia Militia District of Turkey Creek 6 N., R. 2 W.; and that area within the cor­ the corporate limits of the town of Warsaw; bounded on the west by the Wilkinson- porate limits of Jackson. and an area 2 miles wide beginning at a line Twiggs County line, on the south by the Jackson County. All of Jackson County. projected northeast and southwest along and Wilkinson-Laurens County line, on the east Jasper County. T. 3 N., R. 10 E.; W % T. 2 beyond the north corporate limits of Warsaw by a line parallel to and 1 %. miles east of ■ N., R. 10 E.; secs. 3, 4, 5, 6 , 32, 33, and 34t and extending northwesterly along U. S. the Wilkinson-Twiggs County line, on the T. 1 N., R. 10 E.; secs. 1, 2, and 3, T. 10 N.,* Highway No. 117 with said highway as a north by a line parallel to and 3 y2 miles R. 13 W.; T. 1 N., R. 13 E.; that portion of center line for a distance of 3 miles. north of the Wilkinson-Laurens County line, T. 10 N., R. 9 W., and E% T. 10 N., R. 10 W .f Edgecombe County. That portion of the and the projections of such lines to their lying in Jasper County. city of Rocky Mount lying in Edgecombe intersections, including all of those portions Jefferson Davis County. All of Jefferson County. of the towns of Allentown and Danville lying Davis County. Harnett County. An area 4 miles wide in Wilkinson County. Jones County. All of Jones County. bounded on the north by the Harnett-Wake Kemper County. SWV4 T. 10 N., R. 18 E.;. County line and extending along U. S. High­ L o u isian a secs. 4, 5, and 6 , T. 9 N., R. 18 E. way No. 15-A with said highway as a center East Baton Rouge Parish. T. 7 S., Rs. 1 and Lamar County. All of Lamar County. line for a distance of 5 miles. 2 E. Lauderdale County. Tps. 5 and 6 N., Rs. Jones County. An area 2 miles wide be­ Jefferson Parish. That part lying north of 15 and 16 E.; S % , T.'7 N., Rs. 15 and 16 E.; ginning at a line projected due east and due the township line between Tps. 14 and 15 S. secs. 31 and 32, T. 8 N., R. 17 E.; and secs. 5 west at the Atlantic Coast Line siding at Orleans Parish. All of Orleans Parish, in­ and 6 , T. 7 N., R. 17 E. Ravenswood, approximately iy 2 miies south cluding the city of New Orleans. Lawrence County. That part lying east of of the Atlantic Coast Line Railroad depot in Plaquemines Parish. That part lying north Pearl River and that portion of T. 8 N., R. Pollicksville, and extending southerly with of the township line between Tps. 15 and 16 9. 21 W., lying west of Pearl River. said railroad as a center line for a distance of Saint Bernard Parish. All of Saint Bernard Leake County. Secs. 31 and 32, T. 11 N., 3 miles. Parish. R. 8 E.; secs. 34, 35, and 36, T. 11 N., R. 7 E.; Nash County. That portion of the city of Saint Tammany Parish. Secs. 38, 39, and W y3 T. 10 N., R. 8 E.; E y2 T. 10 N., R. 7 E.; Rocky Mount lying in Nash County. 40, T. 7 8 , R. 11 E.; secs. 40 and 41, T. 8 S., and T. 9 N., R. 8 E. New Hanover County. That area included R. 11 E.; and that area lying south of the Lincoln County. T. 7 N., R. 8 E.; and within the corporate limits of the city of north line of T. 10 N.; secs. 33 and 43, T. 4 S., T. 7 N., R. 7 E. Wilmington; all of Cape Fear Township; all R. 10 E.; secs. 3 and 4, T. 5 S., R. 10 E.; secs. Marion County. All of Marion County. that part of Harnett Township lying west 26, 27, 28, 33, 34, 35, 38, and 39, T. 7 S., Neshoba County. Secs. 15, 16, 17, 20, 21, of the Wrightsboro-Winter Park Road, in­ R. 14 E. 22, 27, 28, and 29, T. 9 N.,- R. 13 E. cluding all of the town of Winter Park; and Tangipahoa Parish. Secs. 26, 27, 28, 33, 34, Newton County. Secs. 13, 14, 15, 16, 21, all that part of Masonboro Township lying and 35, T. 5 S., R. 7 E.; secs. 2, 3, 4, 9, 10, 11, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, and 36, north of the Sunset Park-Winter Park Road. 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 35, and T. 5 N., R. 11 E. Onslow County. That area 3 y2 miles wide 36, T. 6 S., R. 7 E.; secs. 19, 22, 23, 24, 26, 27, 30, Pearl River County. All of Pearl River extending along U. S. Highway 17 with said 31, 39, 40, and 41, T. 6 S., R. 8 E., including all County. highway as a center line from Southwest of the town of Ham m ond secs. 32, 33, and Perry County. All of Perry County. Creek on the south to Starky Creek on the 50, T. 3 S., R. 7 E.; and secs. 4, 5, 8 , 9, 10, 50, Pike County. Secs. 31, 32, and 33, T. 4 N., north, including all of the city of Jackson­ and 54, T. 4 S., R. 7 E., including all of the R. 8 E.; secs. 34, 35, and 36, T. 4 N., R. 7 E.; ville; and all of that portion of Onslow town of Amite. secs. 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, and County included within the boundaries of Washington Parish. All of Tps. 1, 2, 3, and 24, T. 3 N., R. 7 E.; secs. 4, 5, 6 , 7, 8, 9, 16, 17, the Camp Lejeune Marine Base. 4 S., R. 14 E.; E% Tps. 3 and 4 S., R. 13 E.; 18, 19, 20, and 21, T. 3 N., R. 8 E. Pender County. All of that portion of Ei/3 Tps. 1 and 2 S., R. 13 E.; secs. 23, 24, 25, Rankin County. T. 3 N., Rs. 2 and 3 E.; T. Pender County lying west of a line parallel to 34, 36, 44, 45, 46, 47, 48, 51, 52, 53, and 54, 4 N„ Rs. 1 and 2 E.; and Tps. 5 and 6 N., and 8 miles west of the Pender-Onslow T. 2 S., R. 10 E.; secs. 3, 8, 9, 10, 14, 15, 16, Rs. 1 and 2 E. County line. 17, 20, 21, 39, 40, 41, 42, 43, 46, 48, 49, 50, and Scott County. W % T. 8 N„ R. 8 E.; and Union County. An area 2 miles wide be­ 51, T. 3 S., R. 10 E.; secs. 19, 20, 29, 30, 31, 32, secs. 3, 4, 5, and 6, T. 7 N., R. 8 E. ginning at a line projected due north and 38, and 39, T. 2 S., R. 11 E.; secs. 5, 6 , 7, 8 , Simpson County. All of Simpson County. due south from a point where the west 17, 18, 19, 20, 29, 37, 38, 39, 40, 41, 43, 49, and Smith County. W y2 of T. 10 N., R. 14 W., corporate limits of Marshville intersect the 50, T. 3 S., R. 11 E., and that portion of the and secs. 3, 4, 9, 10, 15, and 16, T. 1 N„ R. 8 E. Seaboard Air Line Railroad and extending Parish lying between the M. & O. Railroad Stone County. All of Stone County. easterly with said railroad as a center line and Bogue Chitta River, south of the north­ Walthall County. All of Tps. 1 and 2 N., to the Union-Anson .County line, including ern boundary of sec. 44, T. 3 S., R. 11 E., and Rs. 9, 10, 11, 12, and 13 E. all of the town of Marshville. along the Franklinton-Enon-Sun Highway to — Warren County. All that area lying within Wake County. An area 4 miles wide the east boundary of T. 4 S., R. 12 E., and the the corporate limits of the city of Vicksburg, bounded on the east by a line projected due Parish line. and that area included within a boundary north and due south for 2 miles on each side M is s is sipp i beginning at a point where Halls Ferry Road of the point of intersection of U. S. High­ intersects the, corporate limits of the city way No. 15—A and the Norfolk Southern Rail­ Attala County. Secs. 7, 8, 9, 10, 15, 16, 17, of Vicksburg, thence southeast along said way, . approximately 1 y2 miles east of the 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, road to the point of its intersection with Norfolk Southern Railway depot in Fuquay 31, 32, 33, 34, 35, and 36, T. 14 N., R. 7 E.; the range line between Rs. 3 and 4 E., thence Springs, and extending westerly and south­ secs. 19, 30, and 31, T. 14 N., R. 8 E.; sec. 6 T. south along the ränge line to the SE. corner westerly along U. S. Highway No. 15-A with 13 N., R. 8 E.; secs. 1 and 2, T. 13 N., R. 7 E. sec. 42, T. 15 N., R. 3 E., thence west along said highway as a center line to the Wake- Clarke County. Secs. 4, 5, 6 , 7, 8, and 9, the section line to .the Mississippi River, Harnett County line, including all of the T. 2 N., R. 14 E.; secs. 4, 5, 8 , and 9, T. 4 N., thence north along the east bank of the town of Fuquay Springs. R. 15 E.; secs. 6 , 7, and 18, T. 2 N., R. 16 E.; Mississippi River to said corporate limits, Wayne County. All of Goldsboro Town­ sec. 31, T. 3 N., R. 16 E.; secs. 34, 35, and and thence along the south corporate limits ship, including all of the city of Goldsboro; 36, T. 3 N., R. 15 E.; secs. 1, 2, 3, 10, 11, 12, to the point of beginning. an area 2 miles wide beginning at the west 13, 14, and 15, T. 2 N., R. 15 E.; W ft T. 1 N., Wayne County. Secs. 19, 20, 29, 30, 31, and boundary of Goldsboro Township and ex­ R. 14 E.; and WJ4 T. 10 N., R. 9 W. 32, T. 7 N., R, 5 W.; secs. 24, 25, and 36, T. tending northwesterly along U. S. Highway Copiah County. Secs. 31, 32, 34, 35, and 36, 7 N., R. 6 W.; secs. 6 , 7, and 18, T. 8 N., R. "No. 70 with said highway as a center- T. 1 N., R.» 2 W.; Ni/2 T. 10 N., R. 8 E.; and line to the Wayne-Johnston County line; N% T. 1 N., R. 1 E„ lying west of Pearl River. 6 W.; secs. 1, 2, 11, 12, 13, fend 14, T. 8 N., E .7 W . an area 2 miles wide beginning at the Covington County. All of Covington N orth Car o lin a north boundary of Goldsboro Township County. and extending northerly along the Atlantic Forrest County. All of Forrest County. Anson County. An area 2 miles wide be­ Coast Line Railroad with said railroad as a George County. Secs. 27, 28, 29, 32, 33, 34, ginning at the Anson-Union County line center line to the Wayne-Wilson County line, 35, and 36, T. 1 S., R. 6 W., including all of and extending easterly along the Seaboard including all of the towns of Pikeville and the town of Lucedale; N V, T. 2 S., R. 6 W., Air Line Railroad with said railroad as a Fremont; and an area bounded on the north 5738 RULES AND REGULATIONS by the Atlantic and East Carolina Railway, Chapter IX— Agricultural Marketing unless such plums grade at least U. S. No. on the west by Stony Creek, on the south by Service (Marketing Agreements and 1 with a total tolerance of ten (10) per­ the Neuse River, and on the east by a line cent for defects not considered serious beginning at the junction of U. S. Highway Orders), Department of Agriculture damage in addition to the tolerances per­ No. 70 and North Carolina State Highway 111 [Plum Order 19] and extended due north and due south to its mitted for such grade; and, except to the intersections with the north and south P art 936—F r e s h B a r tlett P ears, P l u m s , extent otherwise permitted under this paragraph, boundaries, including all of Seymour John­ a n d E lber ta P e ac h es G r o w n i n C a l i ­ son Field. f o r n ia (1) I f the plums are packed in a stand­ SÓXTTH Caro lina ard basket, they are of a size not smaller REGULATION BY GRADES AND SIZES Beaufort County. That area bounded on than a size that will pack a 4 x 4 standard the east by Wimbee Creek and Bull River, § 936.572 Plum Order 19— (a) Find­ pack; on the south by Whale Branch and the ings. (1) Pursuant to the marketing (ii) I f the plums are packed in a Coosaw River, on the west by Háulover Creek, agreement, as amended, and Order No. special plum box, they are of a size not and on the north by a line parallel to and 36, as amended (7 CFR Part 936), reg­ smaller than a size that will pack a 6-row one-half mile north of the Seaboard Air standard pack; Line Railroad between Wimbee and Haulover ulating the handling of fresh Bartlett Creeks. .pears, plums, and Elberta peaches grown (iii) I f the plums are packed in any T ennessee in the State of California, effective under container other than a standard basket the applicable provisions p i the Agri­ or special plum box, seventy-five (75) Hamilton County. That area included percent, by count, of the plums measure within a circle having a 1 4 -mile radius and cultural Marketing Agreement Act of center at the office of the Shell Oil Corpgra- 1937, as amended (7 U. S. C. 601 et seq.), not less than two (2) inches in diameter: tion bulk plant located on Jersey Pike Road. and upon the basis of the recommenda­ Provided, That, individual containers in Hardeman County. That area included tions of the Plum Commodity Commit­ any lot may contain not more than within a circle having a 3-mile radius and tee, established under the aforesaid thirty-seven and one-half (37%) per­ center at the courthouse in Bolivar. amended marketing agreement and or­ cent, by count, of plums which measure Shelby County. All of Shelby County. der, and upon other available informa­ less than two (2) inches in diameter, if Tipton County. That area within a circle the average percentage of such smaller having a 14 -mile radius and center at the tion, it is hereby found that the limita­ E. L. Reed homeplace, excluding any area not tion of shipments of plums of the variety sized plums in all containers in such lot in Tipton County and including that area hereinafter set forth, and in the man­ does not exceed twenty-five (25) percent; within the corporate limits of the town of ner herein provided, will tend to effec­ and Mason. tuate the declared policy of the act. (iv) The diameters of the smallest and largest plums in the package or con­ These revised administrative instruc­ (2) It is hereby further found that it ' is impracticable and contrary to the tainer do not vary more than one-fourth tions add to the regulated areas the inch: Provided, That, a total of not more County of Washington, Alabama, and public interest to give preliminary notice, engage in public rule-making procedure, than five (5) percent, by count, of the certain localities in the counties of plums in the package or container may Kemper, Neshoba, Newton, and Smith, and postpone the effective date of this section until 30 days after publication fail to meet this requirement., Mississippi. They, also extend the areas (2) During each day of the aforesaid thereof in the F ederal R eg ister (60 Stat. now under regulation in the parishes of period, any shipper may ship from any St. Tammany, Tangipahoa, and Wash­ 237; 5 U. S. C. 1001 et seq.) in that, as hereinafter set forth, the time interven­ shipping point a quantity of such plums, ington, Louisiana, and the counties of by number of packages or containers, Copiah, George, Greene, Lauderdale, ing between the date when information upon which this section is based became which are of a size smaller than the size Lawrence, Marion, Perry, Pike, Simpson, prescribed in subparagraph (1) of this and Walthall, Mississippi. The county available and the time when this section must become effective in order to effec­ paragraph if said quantity does not ex­ of Fairfield, South Carolina is removed ceed twenty-five (25) percent of the from the regulated areas. tuate the declared policy of the act is insufficient; a reasonable time is per­ number of the same type of packages or These instructions should become ef­ containers of plums shipped by such fective as soon as possible with respect mitted, under the circumstances, for preparation for such effective time; and shipper which meet the size requirement to the newly regulated areas in order to of said subparagraph (1) of this para­ control the movement therefrom of arti­ good cause exists for making the pro­ visions hereof effective not later than graph and all such smaller plums meet cles that might spread the white-fringed the applicable one of following require­ beetle and with respect to the area re­ July 20, 1957. A reasonable determina­ tion as to the supply of, and the demand ments: moved from regulation in order to be of (i) If the plums are packed in a stand­ maximum benefit to affected shippers. for, such plums must await the develop­ ment of the crop thereof, and adequate ard basket, they are of a size not smaller Accordingly, pursuant to section 4 of the than a size that will pack a 4 x 5 standard Administrative Procedure Act (5 U. S. C. information thereon was not available to the Plum Commodity Committee until pack; 1003) it is found upon good cause that *(ii) I f the plums are packed in a spe­ notice and other public procedure with July 9, 1957; recommendation as to the need for, and the extent of, regulation of cial plum box, they are of a size not respect to these instructions are imprac­ smaller than a size that will pack a 7- ticable and contrary to the public inter­ shipments of such plums was made at the meeting of said committee on July row standard pack;. est, and good cause is found for the (iii) I f the plums are packed in any issuance thereof effective less than 30 9, 1957, after consideration of all avail­ able information relative to the supply container other than a standard basket days after publication in the F ederal or special plum box, sixty-six and two- R eg ister . and demand conditions for such plums, at which time the recommendation and thirds (66%) percent, by count, of the (Sec. 9, 37 Stat. 318; 7 U. S. C. 162. Interprets supporting information were submitted plums measure not less than one and or applies sec. 8, 37 Stat. 318, as amended; thirteen-sixteenths (MMe! inches in di­ 7 U. S. C. 161) to the Department; shipments of the cur­ rent crop of such plums are expected to ameter: Provided, That, individual con­ The foregoing administrative instruc­ begin on or about July 22,1957; this sec­ tainers in any lot may contain not more tions shall be effective July 19, 1957, and tion should be applicable to all such ship­ than fifty (50) percent, by count, of shall supersede administrative instruc­ ments in order to effectuate the declared plums which measure less than one and tions designating regulated areas effec­ policy of the act; and compliance with thirteen-sixteenths ( l 1^« ) inches in di­ tive November 8,1956 (7 CFR, 1956 Supp., the provisions of this section will not re­ ameter, if the average percentage of 301.72-2a). quire of handlers any preparation there­ such smaller sized plums in all containers in such lot does not exceed thirty-three Done at Washington, D. C., this 15th for which cannot be completed by the effective time hereof. and one-third (33%) percent; and day of July 1957. (iv) The diameters of the smallest and (b) Order. (1) During the period be­largest plums in the package or container [ s e a l ] E . D . B u r g e s s , ginning at 12:01 a. m., P. s. t., July 20, Director, do not vary more than one-fourth inch: 1957, and ending at 12:01 a. m., P. s. t.f Provided, That, a total of not more than Plant Pest Control Division. November 1, 1957, no shipper shall ship five (5) percent, by count, of the plums in [F. R. Doc. 57-5915; Filed, July 18, 1957; from any shipping point during any day the package or container may fail to 8:50 a. m.] any* package or container of Ace plums meet this requirement. Friday, July 19, 1957 FEDERAL REGISTER 5739

(3) I f any shipper, during any day of agreement, as amended, and Order No. (ii) I f the plums are packed in a special the aforesaid period, ships from any 36, as amended (7 CFR Part 936), regu­ plum box, they are of a size not smaller shipping point less than the maximum lating the handling of fresh Bartlett than a size that will pack a 6-row stand­ allowable quantity of such plums that pears, plums, and Elberta peaches grown ard pack; may be of a size smaller than the size in the State of California, effective un­ (iii) I f the plums are packed in any prescribed in subparagraph (1) of this der the applicable provisions of the Agri­ container other than a standard basket paragraph, the quantity of such under­ cultural Marketing Agreement Act of or special plum box, seventy-five (75) shipment may be shipped by such shipper 1937, as amended (7 U. S. C. 601 et seq.), percent, by count, of the plums measure only from such shipping point during and upon the basis of the recommenda­ not less than two (2) inches in diameter: the next 2 succeeding calendar days: tions of the Plum Commodity Commit­ Provided, That, individual containers in Provided, That, shipment is also made tee, established under the aforesaid any lot may contain not more than on the particular calendar day by such amended marketing agreement and or­ thirty-seven and one-half (37%) per­ shipper of the full quantity of such der, and upon other available informa­ cent, by count, of plums which measure smaller-sized plums such shipper is au­ tion, it is hereby found that the limita­ less than two (2) inches in diameter, if thorized to ship on such day under sub- tion of shipments of plums of the variety the average percentage of such smaller paragraph (2) of this paragraph. hereinafter set forth, and in the manner sized plums in all containers in such (4) As used herein, “U. S. No. 1,** herein provided, will tend to effectuate lot does not exceed twenty-five (25) “fairly uniform in size,” “serious dam­ the declared policy of the act. percent; and aged,” and “standard pack” shall have (2) It is hereby further found that it (iv) The diameters of the smallest and the same meaning as set forth in the re­ is impracticable and contrary to the largest plums in the package or container vised United States Standards for plums public interest to give preliminary notice, do not vary more thair one-fourth inch: and primes (Fresh) (§§ 51.1520 to 51.1530 engage in public rulermaking procedure, Provided, That, a total of not more than of this title ); “ standard basket” shall and postpone the effective date of this five (5) percent, by count, of the plums mean the standard basket set forth in section until 30 days after publication in the package or container may fail to paragraph 1 of section 828.1 of the Agri­ thereof in the F ederal R egister (60 meet this requirement. cultural Code of California; “ special Stat. 237; 5 U. S. C. 1001 et seq.) in that, (2) During each day of the aforesaid plum box” shall mean the special plum as hereinafter set forth, the time inter­ period, any shipper may ship from any box set forth in section 828,15 of the Agri­ vening between the date when informa­ shipping point a quantity of such plums, cultural Code of California; “ 6-row tion upon which this section is based by number of packages or containers, standard pack” shall mean that the top became available and the time when Which are of a size smaller than the layer of the pack contains 39 plums which this section must become effective in size prescribed in subparagraph (1) of are fairly uniform in size and the plums order to effectuate the declared policy this paragraph if said quantity does not in the top layer are not superior in size to of the act is insufficient; a reasonable exceed twenty-five (25) percent of the those in the remainder of the pack; “ 7- time is permitted, under the circum­ number of the same type of packages or row standard pack” shall mean that the stances, for preparation for such effec­ containers of plums shipped by such top layer of the pack contains 52 plums tive time; and good cause exists for shipper which meet the size requirement which are fairly uniform in size and the making the provisions hereof effective of said subparagraph (1) of this para­ plums in the top layer are not superior not later than July 20, 1957. A reason­ graph and all such smaller plums meet in size to those in the remainder of the able determination as to the supply of, the applicable one of following require­ pack; “ diameter” shall mean the dis­ and the demand for, such plums must ments: tance through the widest portion of the await the development of the crop there­ (i) I f the plums are packed in a stand­ cross section of a plum at right angles of, and adequate information thereon ard basket, they are of a size not smaller to a line running from the stem to the was not available to the Plum Com­ than a size that will pack a 4 x 5 standard blossom end; and, except as otherwise modity Committee until July 9, 1957; pack; specified, all other terms shall have the recommendation as to the need for, and (ii) I f the plums are packed in a spe­ same meaning as when used in the the extent of, regulation of shipments cial plum box, they are of a size not amended marketing agreement and of such plums was made at the meeting of smaller than a size that will pack a 7-row order. said committee on July 9, 1957, after standard pack; (5) Section 936.143 sets forth the re­ consideration of all available informa­ (iii) I f the plums are packed in any quirements with respect to the inspec­ tion relative to the supply and demand container other than a standard basket tion and certification of shipments of conditions for such plums, at which or special plum box, sixty-six and two- fruit covered by this section. Such sec­ time the recommendation and support­ thirds (66%) percent, by count, of the tion also prescribes the conditions which ing information were submitted to the plums measure not less than one and must be met if any shipment is to be Department; shipments of the current thirteen-sixteenths ( l 1^« ) inches in di­ made without prior inspection and cer­ crop of such plums are expected to begin ameter: Provided, That, individual con­ tification. Notwithstanding that ship­ on or about July 20, 1957; this section tainers in any lot may contain not more ments may be made without inspection should be applicable to all such ship­ than fifty (50) percent, by count, of and certification, each shipper shall ments in order to effectuate the declared plums which measure less than one and comply with all grade and size regula­ policy of the act; and compliance with thirteen-sixteenths ( l 1^ ) inches in di­ tions applicable to the respective ship­ the provisions of this section will not ameter, ix the average percentage of such ment. require of handlers any preparation smaller sized plums in all containers in therefor which cannot be completed by such lot does not exceed thirty-three and (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. 608c) the effective time hereof. one-third (33%) percent; and (b) Order. (1) During the period (iv) The diameters of the smallest Dated: July 16,1957. beginning at 12:01 a. m., P. s. t., July 20, and largest plums in the package or con­ [ seal] ' F loyd F. H edlund, 1957, and ending at 12:01 a. m., P. s. t., tainer do not vary more than one-fourth Acting Director, Fruit and Vege­ November 1, 1957, no shipper shall ship inch: Provided, That, a total of not more than five (5) percent, by count, table Division, Agricultural from any shipping point during any day Marketing Service. of the plums in the package or container any package or container of Elephant may fail to meet this requirement. [P. R. Doc. 57-5902; Piled, July 18, 1957; Heart plums unless such plums grade at (3) I f any shipper, during any day of 8:47 a. m.] least U. S. No. 1 with a total tolerance the aforesaid period, ships from any of ten (10) percent for defects not con­ shipping point less than the maximum [Plum Order 20] sidered serious damage in addition to allowable quantity of such plums that the tolerances permitted for such grade; may be of a size smaller than the size Part 936— Fresh B artlett P ears, P lums, and, except to the extent otherwise per­ prescribed in subparagraph (1) of this and Elberta P eaches G rown in Cali­ mitted under this paragraph. paragraph, the quantity of such under- fornia (i) I f the plums are packed in a stand­shipment may be shipped by such regulation by grades and sizes ard basket, they are of a size not smaller shipper only from such shipping point S 936.573 Plum Order 20— (a) Find- than a size that will pack a 4 x 4 standard during the next 2 succeeding calendar ings% (l) Pursuant to the marketing pack; days: Provided, That, shipment is also 5740 RULES AND REGULATIONS made on the particular calendar day tee, established under the aforesaid than fifty (50) percent, by count, of by such shipper of the full quantity of amended marketing agreement and or­ plums which measure less than one and such smaller-sized plums such shipper der, and upon other available informa­ thirteen-sixteenths (1*%«) inches in di­ is authorized to ship on such day under tion, it is hereby found that the limita- ameter, if the average percentage of such subparagraph (2) of this paragraph. . tion of shipments of plums of the variety smaller sized plums in all containers in (4) As used herein, “U. S. No. 1** , hereinafter set forth, and in the manner such lot does not exceed thirty-three “ fairly uniform in size,” “ serious dam­ herein provided, will tend to effectuate and one-third (33%) percent; and age,” and “standard pack” shall have the the declared policy of the act. (iv) The diameters of the smallest and same meaning as set forth in the revised (2) It is hereby further found thatlargest plums in the package or container United States Standards for plums and it is impracticable and contrary to the do not vary more than one-fourth inch: primes (Fresh) (§§ 51.1520 to 51.1530 of public interest to give preliminary no-, Provided, That, a total of not more than this title ); “standard basket” shall mean tice, engage in public rule-making pro­ five (5) percent, by count, of the plums the standard basket set forth in para­ cedure, and postpone the effective date in the package or container may fail graph 1 of section 828.1 of the Agricul­ of this section until 30 days after pub­ to meet this requirement. tural Code of California; “special plum lication thereof in the F ederal R eg ist e r (2) As used herein, “U. S. No. 1,” box” shall mean the special plum box set (60 Stat. 237; 5 U. S. C. 1001 et seq.) in “ fairly uniform in size,” “serious dam­ forth in section 828.15 of the Agricultural that, as hereinafter set forth, the time age,” and “ standard pack” shall have Code of California; “ 6-row standard intervening between the date when in­ the same meaning as set forth in the pack” shall mean that the top layer of formation upon which this section is revised United States Standards for the pack contains 39 plums which are based became available and the time plums and prunes (Fresh) (§§51.1520 fairly uniform in size and the plums in when this section must become effective to 51.1530 of this, title); “standard the top layer are not superior in size to in order to effectuate the declared pol­ basket” shall mean the standard basket those in the remainder of the pack; icy of the act is insufficient; a reasonable set forth in paragraph 1 of section “ 7-row standard pack” shall mean that time is permitted, under the circum­ 828.1 of the Agricultural Code of Cali­ the top layer of the pack contains 52 stances, for preparation for such ef­ fornia; “special plum box” shall mean plums which are fairly uniform in size fective time; and good cause exists for the special plum box set forth in and the plums in the top layer are not making the provisions hereof effective section 828.15 of the Agricultural Code superior in size to those in the remainder not later than July 20, 1957. A reason­ . of California; “ 7-row standard pack” of the pack; “diameter” shall mean the able determination as to the supply of, shall mean that the top layer of the pack distance through the widest portion of and the demand for, such plums must contains 52 plums which are fairly uni­ the cross section of a plum at right angles await the development of the crop there­ form in size and the plums in the top to a line running from the stem to the of, and adequate information thereon layer are not superior in size to those in blossom end; and, except as otherwise was not available to the Plum Commodity the remainder of the pack; “ diameter” specified, all other terms shall have the Committee until July 9, 1957; recom­ shall mean the distance through the same meaning as when used in the mendation as to the need for, and the widest portion of the cross section of a amended marketing agreement and extent of, regulation of shipments of plum at right angles to a line running order. such plums was made at the meeting of from the stem to the blossom end; and, (5) Section 936.143 sets forth the re­ said committee on July 9, 1957, after except as otherwise specified, all other quirements with respect to the inspection consideration of all available informa­ terms shall have the same meaning as and certification of shipments of fruit tion relative to the supply and demand when used in the amended marketing covered by this section. Such section also conditions for such plums, at which time agreement and order. prescribes the conditions which must be the recommendation and supporting in­ (3) Section 936.143 sets forth the re­ met if any shipment is to be made with­ formation were submitted to the Depart­ quirements with respect to the inspec­ out prior inspection and certification. ment; shipments of the current crop of tion and certification of shipments of Notwithstanding that shipments may be such plums are expected to begin on or fruit covered by this section. Such sec­ made without inspection and certifica­ about July 22, 1957; this section should tion also prescribes the conditions which tion, each shipper shall comply with be applicable to all such shipments in must be met if any shipment is to be all grade and size regulations applicable order to effectuate the declared policy made without prior inspection and cer­ to the respective shipment. of the act; and compliance with the tification. Notwithstanding that ship­ ments may be made without inspection (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. provisions of this section will not require 608c) of handlers any preparation therefor and certification, each shipper shall com­ which cannot be completed by the ef­ ply with all grade and size régulations Dated; July 16, 1957. fective time hereof. applicable to the respective shipment. [ s e a l ] F l o y d F . H e d l u n d , (b) Order. (1) During the period be­(Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. Acting Director, Fruit and Vege­ ginning at 12:01 a. m., P. s. t., July 20, 608c) table . Division, Agricultural 1957, and ending at 12:01 a. m., P. s. t., Dated: July 16,1957. Marketing Service. November 1, 1957, no shipper shall ship [ s e a l ] F l o y d F. H e d l u n d , [F. R. Doc. 57-5903; Filed, July 1,8. 1957; any package or container of Late Santa 8:47 a. m.] Rosa plums unless such plums grade at Acting Director, Fruit and Vege­ least U. S. No. 1 with a total tolerance of table Division, Agricultural ten (10) percent for defects not consid­ Marketing Service. ered serious damage in addition to the [F. R. DOC. 57-5904; Filed, July 18, 1957; [Plum Order 21] tolerances permitted for such grade; 8:48 a. m .] and P art 936—F r e s h B ar t le t t P ears, P l u m s , (i) I f the plums are packed in a stand­ a n d E lber ta P e ac h es G r o w n i n C a l i ­ ard basket, they are of a size not smaller f o r n ia than a size that will pack a 4 x 5 standard [Plum Order 22] REGULATION BY GRADES AND SIZES pack; P art 936— F r e sh B ar tle tt P ears, P l u m s , § 936.574 Plum Order 21— (a) Find­ (ii) I f the plums are packed in a spe- cialplum box, they are of a size not a n d E lbe r ta P e ac h es G r o w n i n C a li­ ings. (1) Pursuant to the marketing f o r n ia agreement, as amended, and Order No. smaller than a size that will pack a 7-row standard pack; 36, as amended (7 CFR Part 936), regu­ REGULATION BY GRADES AND SIZES (iii) I f the plums are packed in any lating the handling of fresh Bartlett § 936.575 Plum 'Order 22— (a) Find­ pears, plums, and Elberta peaches grown container other than a standard basket ings. (1) Pursuant to the marketing in the State of California, effective un­ or special plum box, sixty-six and two- agreement, as amended, and Order No. der the applicable provisions of the Agri­ thirds (66%) percent, by count, of the 36, as amended (7 CFR Part 936), regu­ cultural Marketing Agreement Act of plums measure not less than one and lating the handling of fresh Bartlett 1937, as amended (7 U. S. C. 601 et seq.), thirteen-sixteenths ( l x%6) inches in di­ pears, plums, and Elberta peaches grown and upon the basis of the recommenda­ ameter: Provided, That, individual con­ in the State of California, effective un­ tions of the Plum Commodity Commit­ tainers in any lot may contain not more der the applicable provisions of the Ag- Friday, July 19, 1957 FEDERAL REGISTER 5741 rlcultural Marketing Agreement Act of of plums which measure less than one Agricultural Marketing Agreement Act 1937, as amended (7 U. S. C. 601 et seq.), and thirteen-sixteenths ( l 1%e) inches in of 1937, as amended (7 U. S. C. 601 et and upon the basis of the recommenda-' diameter, if the average percentage of seq.), and upon the basis of the recom­ tions of the Plum Commodity Commit- such »nailer sized plums in all containers mendations of the Plum Commodity tee, established under the aforesaid in such lot does not exceed thirty-three Committee, established under the afore­ amended marketing agreement and and one-third (33%) percent; and said amended marketing agreement and order, and upon other available infor­ (iv) The diameters of the smallest andorder, and upon other available informa­ mation, it is hereby found that the limi­ largest plums in the package or container tion, it is hereby found that the limita­ tation of shipments of plums of the vari­ do not vary more than one-fourth inch: tion of shipments of plums of the variety ety hereinafter set forth, and in the Provided, That, a total of not more than hereinafter set forth, and in the manner manner herein provided, will tend to five (5) percent, by count, of the plums herein provided, will tend to effectuate effectuate the declared policy of the act. in the package or container may fail to the declared policy of the act. (2) It is hereby further found that it meet this requirement. (2) It is hereby further found that it is impracticable and contrary to the pub­ (2) As used herein, “ U. S. No. 1,” is impracticable and contrary to the pub­ lic interest to give preliminary notice, "fairly uniform in size,” and “ standard lic interest to give preliminary notice, engage in public rule-making procedure, pack” shall have the same meaning as engage in public rule-making procedure, and postpone the effective date of this set forth in the revised United States and postpone the effective date of this section until 30 days after publication Standards for plums and prunes (Fresh) section until 30 days after publication thereof in the F ederal R eg ister (60 Stat. thereof in the F ederal R e g ister (60 Stat. (§§51.1520 to 51.5130 of this title); 237; 5 U. S. C. 1001 et seq.) in that, as “ standard basket” shall mean the stand­ 237; 5 U. S. C. 1001 et seq.) in that, as hereinafter set forth, the time inter­ ard basket set forth in paragraph 1 of hereinafter set forth, the time interven­ vening between the date when informa­ section 828.1 of the Agricultural Code of ing between the date when information tion upon which this section is based California; “ special plum box” shall upon which this section is based became became available and the time when this mean the special plum box set forth in available and the time when this section section must become effective in order to section 828.15 of the Agricultural Code of must become effective in order to effec­ effectuate the declared policy of the act California; “ 7-row standard pack” shall tuate the declared policy of the act is is insufficient; a reasonable time is per­ mean that the top layer of the pack con­ insufficient; a reasonable time is per­ mitted, under thé circumstances, for mitted, under the circumstances, for tains 52 plums which are fairly uniform preparation for such effective time; and preparation for such effective time; and in size and the plums in the top layer good cause exists for making the pro­ are not superior in size to those in the good cause exists for making the provi­ visions hereof effective not later than remainder of the pack; “diameter” shall sions hereof effective not later than July July 20, 1957. A reasonable determina­ mean the distance through the widest 20,1957. A reasonable determination as tion as to the supply of, and the demand portion of the cross section of a plum at to the supply of, and the demand for, for, such plums must await the develop­ right angles to a line running from the such plums must await the development ment of the crop thereof, and adequate stem to the blossom end; and, except as of the crop thereof, and adequate infor­ information thereon was not available otherwise specified, all other terms shall mation thereon was not available to the to the Plum Commodity Committee un­ have the same meaning as when used in Plum Commodity Committee until July 9, 1957; recommendation as to the need til July 9, 1957; recommendation as to the amended marketing agreement and the need for, and the extent of, regula­ order. for, and the extent of, regulation of ship­ tion of shipments of such plums was (3) Section 936.143 sets forth the re­ ments of such plums was made at the made at the meeting of said committee quirements with respect to the inspec­ meeting of said committee on July 9, on July 9, 1957, after consideration of tion and certification of shipments of 1957, after consideration of all available all available information relative to the fruit covered by this section. Such sec­ information relative to the supply and supply and demand conditions for such tion also prescribes the conditions which demand conditions lo r such plums, at plums, at which time the recommenda­ must be met if any shipment is to be which time the recommendation and tion and supporting information were made without prior inspection and cer­ supporting information were submitted to the Department; shipments of the submitted to the Department; shipments tification. Notwithstanding that ship­ current crop of such plums are expected of the current crop of such plums are ex­ ments may be made without inspection pected to begin on or about July 22,1957 ; and certification, each shipper shall to begin on or about July 22, 1957; this this section should be applicable, to all comply with all grade and size regula­ section should be applicable to all such such shipments in order to effectuate the tions applicable to the respective ship­ shipments in order to effectuate the .de­ declared policy of the act; and compli­ ment. clared policy of the act; and compliance ance with the provisions of this section with the provisions of this section will not (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. require of handlers any preparation will not require of handlers any prepa­ 608c > ration therefor which cannot be com­ therefor which cannot be completed by pleted by the effective time hereof. Dated: July 16,1957. the effective time hereof. (b) ’ Order. (1) During the period be­ (b) Order. (1) During the period be­ [ s e a l ! F l o y d F. H e d l u n d , ginning at 12:01 a. m., P. s. t., July 20, ginning at 12:01 a. m., P, s. t., July 20, Acting Director, Fruit and Vege­ 1957, and ending at 12:01 a. m., P. s. t., 1957, and ending at 12:01 a. m., P. s. t., table Division, Agricultural November 1, 1957, no shipper shall ship November 1, 1957, no shipper shall ship Marketing Service. any package or container of Kelsèy plums any package or container of Sharkey unless such plums grade at least U. S. Plums unless such plums grade at least [F. R. Doc. 57-5905; Filed, July 18, 1957; 8:48 a. m.] No. 1 with a total tolerance of ten (10) U. S. No. 1 ; and percent for defects not considered serious (i) I f the plums are packed in a stand­ damage in addition to the tolerances per­ ard basket, they are of a size not smaller mitted for such grade ; and than a size that will pack a 4 x 5 standard (i) I f the plums are packed in a pack; [Plum Order 23] standard basket, they are of a size not (ii) I f the plums are packed in a special P art 936—F r e s h B ar tlett P ears, P l u m s , smaller than a size that will pack a 4 x 4 Plum box, they are of a size not smaller a n d E lberta P ea c h e s G r o w n i n C a l i­ standard pack; than a size that will pack a 7-row stand-, f o r n ia (ii) I f the plums are packed in a ard pack ; - special plum box, they are of a size not REGULATION BY GRADES AND SIZES (iii) I f the plums are packed in any smaller than a size that will pack a 6- container other than a standard basket § 936.576 Plum Order 23— (a) Find­ row standard pack; or special plum box, sixty-six and two- ings. (1) Pursuant to the marketing (iii) I f the plums are packed in any thirds (66%) percent, by count, of the agreement, as amended, and Order No. container other than a standard basket Plums measure not less than one and 36, as amended (7 CFR Part 936), regu­ or special plum box, seventy-five (75) thirteen-sixteenths ( l 1%e) inches in lating the handling of fresh Bartlett percent, by count, of the plums measure diameter: Provided, That, individual pears, plums, and Elberta peaches not less than two (2) inches in diameter: containers in ahy lot may contain not grown in the State of California, effective Provided, That, individual containers in more than fifty (50) percent, by count, under the applicable provisions of the any lot may contain not more than No. 139---- 2 5742 RULES AND REGULATIONS thirty-seven and one-half (37%) per­ as amended (7 U. S. C. 601 et seq.), and containers in any lot may contain not cent, by count, of plums which measure upon the basis of the recommendations more than fifty (50) percent, by count, less than two (2) inches in diameter, if of the Plum Commodity Committee, es­ of plums which measure less than one the average percentage of such smaller tablished under the aforesaid amended and thirteen-sixteenths ( l x%6) inches in sized plums in all containers in such lot marketing agreement and order, and diameter, if the average percentage of does not exceed twenty-five (25) percent; upoh other available information, it is such smaller sized plums in all containers and hereby found that the limitation of ship­ in such lot does not exceed thirty-three (iv) The diameters of the smallest andments of plums of the variety hereinafter and one-third (33%) percent; and largest plums in the package or con­ set forth, and in the manner herein pro­ (iv) The diameters of the smallest and tainer do not vary more than one-fourth vided, will tend to effectuate the declared largest plums in the package or container inch: Provided, That, a total of not more policy of the act. do not vary more than one-fourth inch: than five (5) percent, by count, of the (2) It is hereby further found that itProvided , That, a total of not more than plums in the package or container may is impracticable and contrary to the pub­ five (5) percent, by count, of the plums fail to meet this requirement. lic interest to give preliminary notice, in the package or container may fail to (2) As used herein, “ U. S. No. 1,” engage in public rule-making procedure, meet this requirement. “ fairly uniform in size,” “ serious dam­ and postpone the effective date of this (2) During each day of the aforesaid age,” and “standard pack” shall have section until 30 days after publication period, any shipper may ship from any the same meaning as set forth in the re­ thereof in the F ederal R e g ister (60 Stat. shipping point a quantity of such plums, vised United States Standards for plums 237; 5 U. S. C. 1001 et seq.) in that, as by number of packages or containers, and prunes (Fresh) §§ 51.1520 to 51.1530 hereinafter set forth, the time interven­ which are of a size smaller than the size of this title), “standard basket” shall ing between the date when information prescribed in subparagraph (1) of this mean the standard basket set forth in upon which this section is based became paragraph if said quantity does not ex­ paragraph 1 of section 828.1 of the Agri­ available and the time When this section ceed eleven and eleven one-hundredths cultural Code of California; “ special must become effective in order to effec­ (11.11) percent of the number of the plum box” shall mean the special plum tuate the declared policy of the act is same type of packages or containers of box set forth in section 828.15 of the insufficient; a reasonable time is per­ plums shipped by such shipper which Agricultural Code of California; “ 6-row mitted, under the circumstances, for meet the size requirement of said sub- standard pack” shall mean that the top preparation for such effective time; and paragraph (1) of this paragraph and layer of the pack contains 39 plums good cause exists for making the pro­ all such smaller plums meet the applica­ which are fairly uniform in size and the visions hereof effective not later than ble one of the following requirements: plums in the top layer are not superior in July 20, 1957. A reasonable deter­ (i) I f the plums are packed in a stand­ size to those in the remainder of the mination as to the supply of, and the ard basket, they are of a size not smaller pack; “ diameter” shall mean the dis­ demand for, such plums must await the than a size that will pack a 5 x 5 stand­ tance through the widest portion of the development of the crop thereof, and ard pack; cross section of a plum at right angles to adequate information thereon was not (ii) I f the plums are packed in a spe­ a line running from the stem to the blos­ available to the Plum Commodity Com­ cial plum box, they are of a size not som end; and, except as otherwise speci­ mittee until July 9, 1957; recommenda­ smaller than a size that will pack a 7.%- fied, all other terms shall have the same tion as to the need for, and the extent row standard pack; meaning as when used in the amended of, regulation of shipments of such plums (iii) I f the plums are packed in any marketing agreement and order. was made at the meeting of said com­ container other than a standard basket (3) Section 936.143 sets forth the re­ mittee on July 9, 1957, after considera­ or special plum box, seventy-five (75) quirements with respect to the inspection tion of all available information relative percent, by count, of the plums measure and certification of shipments of fruit to the supply and demand conditions for not less than one and ten-sixteenths covered by this section. Such section such plums, at which time the recom­ (1^%6> inches in diameter: Provided, also prescribes the conditions which must mendation and supporting information That individual containers in any lot be met if any shipment is to be made were submitted to the Department; may contain not more than thirty-seven without prior inspection and certifica­ shipments of the current crop of such and one-half (37%) percent, by count, tion. Notwithstanding that shipments plums are expected to begin on or about of plums which measure less than one may be made without inspection and cer­ July 22, 1957; this section should be and ten-sixteenths ( l 1%e) inches in di­ tification, each shipper shall comply with applicable to all such shipments in order ameter, if the average percentage of such all grade and sizp regulations applicable to effectuate the declared policy of the smaller sized plums in all containers in to the respective shipments. act; and compliance with the provisions such lot does not exceed twenty-five (25) (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. of this section will not require of han­ percent; and 608c) dlers any preparation therefor which (iv) The diameters of the smallest and cànnot be completed by the effective largest plums in the package or container Dated: July 16, 1957. time hereof. do not vary more than one-fourth inch: [ s e a l ] F l o y d F . H e d l u n d , (b)v Order. (1) During the period be­ Provided, That a total of not more than Acting Director, Fruit and Vege­ ginning at 12:01 a. m., P. s. t., July 20, five (5) percent, by count, of the plums table Division, Agricultural 1957, and ending at 12:01 a. m., P. s. t., in the package or container ma^ fail to Marketing Service. November 1, 1957, no shipper shall ship meet this requirement. [F. R. Doc. 57-5906; Filed, July 18, 1957; from any shipping point during any day (3) I f any shipper, during any day 8:48 a.in.] any package or container of Emily plums of the aforesaid period, ships from any unless such plums grade at least U. S. shipping point less than the maximum No. 1 ; and, except to the extent otherwise allowable quantity of such plums that permitted under this paragraph, may be of a size smaller than the size [Plum Order 24] (i) I f the plums are packed in a stand­prescribed in subparagraph (1) of this P art 936—F r e sh B a r tlett P ears, P l u m s , ard basket, they are of a size not smaller paragraph, thè quantity of such under­ a n d E lberta P ea c h e s G r o w n i n C a l i­ than a size that will pack a 4 x 5 standard shipment may be shipped by such shipper f o r n ia pack; only from such shipping point during the (il) I f the plums are packed in a special next 2 succeeding calendar days: Pro­ REGULATION BY GRADES AND SIZES plum box, they are of a size not smaller vided, That, shipment is also made on § 936.577 Plum Order 24— (a) Find­ than a size that will pack a 7-row stand­ the particular calendar day by stich ings. (1) Pursuant to the marketing ard pack; shipper of the full quantity of such agreement, as amended, and Order No. (iii) I f the plums are packed in any smaller-sized plums such shipper is au­ 36, as amended (7 CFR Part 936), regu­ container other than a standard basket thorized to ship on such day under sub- lating the handling of fresh Bartlett or special plum box, sixty-six and two- paragraph (2) of this paragraph. pears, plums, and Elberta peaches grown thirds (66%) percent, by count, of the (4) As used herein, “ U. S. No. V* in the State of California, effective under plums measure not less than one and “ fairly uniform in size,” and “ standard the applicable provisions of the Agricul­ thirteen-sixteenths ( l x%6) inches in pack” shall have the same meaning as tural Marketing Agreement Act of 1937, diameter: Provided, That, individual set forth in the revised United States Friday, July 19, 1957 FEDERAL REGISTER 5743

Standards for plums and prunes (Fresh)’ (2) It is hereby further found that it (iv) The diameters of the smallest and (§§51.1520 to 51.1530 of this title); Is impracticable and contrary to the pub­ largest plums in the package or container “standard basket” shall mean the lic interest to give preliminary notice, do not vary more than one-fourth inch; standard basket set forth in paragraph engage in public rule-making procedure, Provided, That, a total of not more than 1 of section 828.1 of the Agricultural and postpone the effective date of this five (5) percent, by count, of the plums Code of California; “ special plum box” section until 30 days after publication in the package or container may fail to shall mean the special plum box set forth thereof in the F ederal R e g ister (60 Stat. meet this requirement. in section 828.15 of the Agricultural Code 237; 5 U. S. C. 1001 et seq.) in that, as (2) During each day of the aforesaid of California; “7-row standard pack” hereinafter set forth, the time interven­ period, any shipper may ship from any shall mean that the top layer of the pack ing between the date when information shipping point a quantity of such plums, contains 52 plums which are fairly uni­ upon which this section is based became by number of packages or containers, form in size and the plums in the top available and the time when this section which are of a size smaller than the size layer are not superior in size to those must become effective in order to effec­ prescribed in subparagraph (1) of this in the remainder of the pack; “ 7%-row tuate the declared policy of the act is paragraph if said quantity does not ex­ standard pack” shall mean that the top insufficient; a reasonable time is per­ ceed eleven and eleven one-hundredths layer of the pack contains 56 plums mitted, under the circumstances, for (11.11) percent of the number of the which are fairly uniform in size and the preparation for such effective time; and same type of packages or containers of plums in the top layer are not superior good cause exists for making the pro­ plums shipped by such shipper which in size to those in the remainder of the visions hereof effective not later than meet the size requirement of said sub- pack; “ diameter” shall mean the dis­ July 20, 1957. A reasonable deter­ paragraph (1) of this paragraph and tance through the widest portion of the mination as to the supply of, and the all such smaller plums meet the appli­ cross section of a plum at right angles demand for, such plums must await the cable one of following requirements: to a line running from the stem to the development of the crop thereof, and (i) I f the plums are packed in a blossom end; and, except as otherwise adequate information thereon was not standard basket, they are of a size not specified, all other terms shall have the available to the Plum Commodity Com­ smaller than a size that will pack a 4 x 5 same meaning as when used in the mittee until July 9, 1957; recommenda­ standard pack; amended marketing agreement and tion as to the need for, and the extent (ii) I f the plums are packed in a spe­ order. of, regulation of shipments of such plums cial plum box, they are of a size not (5) Section 936.143 sets forth the re­was made at the meeting of said com­ smaller than a size that will pack a 7- quirements with respect to the inspection mittee on July 9, 1957, after considera­ row standard pack; and certification of shipments of fruit tion of all available information relative (iii) I f the plums are packed in any covered by this section. Such section to the supply and demand conditions for container other than a standard basket also prescribes the conditions which must such plums, at which time the recom­ or special plum box, sixty-six and two- be' met if any shipment is to be made mendation and supporting information* thirds (66%) percent, by count, of the without prior inspection and certifica­ were submitted to the Department; plums measure not less than one and tion. Notwithstanding that shipments shipments of the current crop of such thirteen-sixteenths ( l x%6) inches in di­ may be made without inspection and cer­ plums are expected to begin on or about ameter: Provided, That, individual con­ tification, each shipper shall comply July 29, 1957; this section should be tainers in any lot may contain not more with all grade and size regulations ap­ applicable to all such shipments in order than fifty (50) percent, by count, of plicable to the respective shipment. to effectuate the declared policy of the plums which measure less than one and act; and compliance with the provisions thirteen-sixteenths ( l 1%e) inches in di­ (Sec. 5, 49 Stat. 753, as amended; 7 U. S. O. ameter, if the average percentage of such 608c) of this section will not require of han­ dlers any preparation therefor which smaller sized plums in all containers in Dated: July 16, 1957. cannot be completed by the effective such lot does not exceed thirty-three and one-third (-33%) percent; and [ se al] F l o y d F . H e d l u n d , time hereof. (iv) The diameters of the smallest and Acting Director, Fruit and Veg­ (b) Order. (1) During the period be­ etable Division, Agricultural ginning at 12:01 a. m., P. s. t., July 20, largest plums in the package or con­ tainer do not vary more than one-fourth Marketing Service. 1957, and ending at 12:01 a. m., P. s. t., November 1, 1957, no shipper shall ship inch: Provided, That, a total of not more [F. R. Doc. 57-5907; Filed, July 18, 1957; from any shipping point during any day than five (5) percent, by count, of the 8:48 a. m .] any package or container of Queen Ann plums in the package or container may plums unless such plums grade at least fail to meet this requirement. U. S. No. 1 with a total tolerance of ten (3) I f any shipper, during any day of (10) percent for defects not considered the foresaid period, ships from any ship­ [Plum Order 25] serious damage in addition to the toler­ ping point less than the maximum al­ Part 936—-Fr e s h B a r tlett P ears, P ltjms, ances permitted for such grade; and, ex­ lowable quantity of such plums that may and E lberta P ea c h e s G r o w n i n C a l i­ cept to the extent otherwise permitted be of a size smaller than the size pre­ fo r n ia under this paragraph, scribed in subparagraph (1) of this par­ (i) - If the plums are packed in a stand­ agraph, the quantity of such undership­ REGULATION BY GRADES AND SIZES ard basket, they are of a size not smaller ment may be shipped by such shipper § 936.578 Plum Order 25— (a) Find­ than a size that will pack a 4 x 4 standard only from such shipping point during ings. (1) Pursuant to the marketing pack; the next 2 succeeding calendar days: agreement, as amended, and Order No. (ii) I f the plums are packed in a spe­ Provided, That, shipment is also made 36, as amended (7 CFR Part 938), regu­ cial plum box, they are of a size not on the particular calendar day by such lating the handling of fresh Bartlett smaller than a size that will pack a 6-row shipper of the full quantity of such pears, plums, and Elberta peaches grown standard pack; smaller-sized plums such shipper is au­ in the State of California, effective under (iii) I f the plums are packed in any thorized to ship on such day under sub- the applicable provisions of the Agricul­ container other than a standard basket paragraph (2) of this paragraph. tural Marketing Agreement Act of 1937, or special plum box, seventy-five (75) (4) As used herein, “U. S. No. 1,” as amended (7 U. S. C. 601 et seq.), and percent, by count, of the plums measure “ fairly uniform in size,” “ serious dam­ upon the basis of the recommendations not less than two (2) inches in diameter: age,” and “ standard pack” shall have the of the Plum Commodity Committee, es­ Provided, That, individual containers in same meaning as set forth in the revised tablished under the aforesaid amended any lot may contain not more than United States Standards for plums and marketing agreement and order, and thirty-seven and one-half (37%) per­ primes (Fresh) (§§ 51.1520 to 51.1530 of upon other available information, it is cent, by count, of plums which measure this title ); “ standard basket” shall mean hereby found that the limitation of ship­ less than two (2) inches in diameter, if the standard basket set forth in para­ ments of plums of the variety hereinafter the average percentage of such smaller graph 1 of section 828.1 of the Agricul­ set forth, and in the manner herein pro­ sized plums in all containers in such lot tural Code of California; “ special plum vided, will tend to effectuate the declared does not exceed twenty-five (25) percent; box” shall mean the special plum box set Policy of the act. and forth in section 828.15 of the Agricultural 5744 RULES AND REGULATIONS

Code Qf California; “ 6-row standard hereinafter set forth, the time interven­ which are of a size smaller than the size pack” shall mean that the top layer of ing between the date when information prescribed in subparagraph (1) of this the pack contains 39 plums which are upon which this section is based became paragraph if said quantity does not ex­ fairly uniform in size and the plums in available and the time when this section ceed thirty-three and one-third (33 y3) the top layer are not superior in size to must become effective in order to effec­ percent of the number of the same type those in the remainder of the pack; tuate the declared policy of the act is of packages or containers of plums “ 7-row standard pack” shall mehn that insufficient; a reasonable time is per­ shipped by such shipper which meet the the top layer of the pack contains 52 mitted, under the circumstances, for size requirement of said subparagraph plums which are fairly uniform in size preparation for such effective time; and (1) - of this paragraph and all such and the plums in the top layer are not good cause exists for making the pro­ smaller plums meet the applicable one of superior in size to those in the remainder visions hereof effective not later than following requirements; of the pack; “diameter” shall mean the July 20, 1957. A reasonable deter­ (i) I f the plums are packed in a stand­ distance through the widest portion of mination as to the supply of, and the ard basket, they are of a size not smaller the cross section of a plum at right demand for, such plums must await the than a size that will pack a 4 x 5 standard angles to a line running from the stem to development of the crop thereof, and pack; the blossom end; and, except as other­ adequate information thereon was not (ii) I f the plums are packed in a special wise specified, all other terms shall have available to the Plum Commodity Com­ plum box, they are of a size not smaller the same meaning as when used in the mittee until July 9, 1957; recommenda­ than a size that will pack a 7-row stand­ amended marketing agreement and tion as to the need for, and the extent ard pack; order. of, regulation of shipments of such plums (iii) I f the plums are packed in any (5) Section 936.143 sets forth the re­was made at the meeting of said com­ container other than a standard basket quirements with respect to the inspection mittee on July 9, 1957, after considera­ or special plum box, sixty-sfx and two- and certification of shipments of fruit tion of all available information relative thirds (66%) percent, by count, of the covered by this section. Such section to the supply and demand conditions for plums measure not less than one and. also prescribes the conditions which must such plums, at which time the recom­ thirteen-sixteenths ( l 1%e> inches in be met if any shipment is to be made mendation and supporting information diameter: Provided, That, individual without prior inspection and certifica­ were submitted to the Department; containers in any lot may contain not tion. Notwithstanding that shipments shipments of the current crop of such more than fifty (50) percent, by count, may be made without inspection and plums are expected to begin on or about of plums which measure less than one certification, each shipper shall comply July 25, 1957; this section should be and thirteen-sixteenths (DMe) inches in with all grade and size regulations ap­ applicable to all such shipments in order diameter, if the average percentage of plicable to the respective shipment. to effectuate the declared policy of the such smaller sized plums in all containers (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. act; and compliance with the provisions in such lot does not exceed thirty-three 608c) of this section will not require of han­ and one-third (33%) percent; and dlers any preparation therefor which (iv) The diameters of the smallest and Dated: July 16, 1957. cannot be completed by the effective largest plums in the package or container [ s e a l ! F l o y d F . H e d l u n d , time hereof. do not vary more than one-fourth inch: Acting Director, Fruit and Vege­ (b) Order. (1) During the period be­Provided, That, a total of not more than table Division, Agricultural ginning at 12:01 a. m., P. s. t., July 20, five (5) percent, by count, of the plums Marketing Service. 1957, and ending at 12:01 a. m., P. s. t., in the package or container may fail to November 1, 1957, no shipper shall ship [F. R. Doc. 57-5908; Filed, July 18, 1957; meet this requirement. 8:49 a. m.] from any shipping point during any day (3) I f any shipper, during any day of any package or container of Laroda the aforesaid period, ships from any plums unless such plums grade at least shipping point less than the maximum U. S. No. 1 ; and, except to the extent allowable quantity of such plums that [Plum Order 26] otherwise permitted under this para­ may be of a size smaller than the size graph, prescribed in subparagraph (1) of this P art 936— F r e sh B a r tlett P ears, P l u m s , (1) I f the plums ate packed in a stand­ paragraph, the quantity of such under­ a n u E lberta P e ac h es G r o w n i n C a l i­ ard basket, they are of a size not smaller shipment may be shipped by such shipper f o r n ia than a size that will pack a 4 x 4 stand­ only from such shipping point during the REGULATION BY GRADES AND SIZES ard pack; next 2 succeeding calendar days: Pro­ (ii) I f the plums are packed in a spe­ vided, That, shipment is also made on § 936.579 Plum Order 26— (a) Find­ cial plum box, they are of a size not the particular calendar day by such ship­ ings. (1) Pursuant to the marketing smaller than a size that will pack a 6-row per of the full quantity of su,ch smaller- agreement, as amended, and Order No. standard pack; sized plums such shipper is authorized 36, as amended (7 CFR Part 936), regu­ (iii) If the plums are packed in any to ship on such day under subparagraph lating the handling of fresh Bartlett container other than a standard basket (2) of this paragraph. pears, plums, and Elberta peaches grown or special plum box, seventy-five (75) (4) As used herein, “ U. S. No. 1," in the State of California, effective under'' percent, by count, of the plums measure “ fairly, uniform in size,” and “standard the applicable provisions of the Agricul­ not less than two (2) inches in diameter: pack” shall have the same meaning as set tural Marketing Agreement Act of 1937, Provided, That, individual containers in forth in the revised United States as amended (7 U. S. C. 601 et seq.), and any lot may contain not more than Standards for plums and prunes (Fresh) upon the basis of the recommendations thirty-seven and one-half (37%) per­ (§§ 51.1520 to 51.1530 of this title); of the Plum Commodity Committee, es­ cent, by count, of plums which measure “ standard basket” shall mean the stand­ tablished under the aforesaid amended less than two (2) inches in diameter, if ard basket set forth in paragraph 1 of marketing agreement and order, and the average percentage of such smaller section 828.1 of the Agricultural Code of upon other available information, it is sized plums in all containers in such lot California; “special plum box” shall hereby found that the limitation of ship­ does not exceed twenty-five (25) per­ mean th'e special plum box set forth in ments of plums of the variety hereinafter cent; and section 828.15 of the Agricultural Code set forth, and in the manner herein pro­ (iv) The diameters of the smallest of California; “6-row standard pack” vided, will tend to effectuate the declared and largest plums in the package or con­ shall mean that the top layer of the pack policy of the act. tainer do not vary more than one-fourth contains 39 plums which are fairly uni­ (2) It is hereby further found that itinch: Provided, That a total of not more form in size and the plums in the top is impracticable and contrary to the pub­ than five (5) percent, by count, of the layer are not superior in size to those in lic interest to give preliminary notice, plums in the package or container may the remainder of the pack; “ 7-row engage in public rule-making procedure, fail to meet this requirement. standard pack” shall mean that the top and postpone the effective date of this (2) During each day of the aforesaid layer of the pack contains 52 plums section until 30 days after publication period, any shipper may ship from any which are fairly uniform in size and the thereof in the F ederal R eg ister (60 Stat. shipping point a quantity of such plums, plums in the top layer are not superior in 237; 5 U. S. C. 1001 et seq.) in that, as by number of packages or containers, size to those in the remainder of the Friday, July 19, 1957 FEDERAL REGISTER 5745 pack; '‘diameter” shall mean the dis­ visions hereof effective not later than uniform in size and the plums in the top tance through the widest portion of, the August 1, 1957. A reasonable deter­ layer are not superior in size to those in cross section of a plum at right angles to mination as to the supply of, and the the remainder of the pack; “diameter” a line running from the stem to the demand for, such plums must await the shall mean the distance through the wid­ blossom end; and, except as otherwise development of the crop thereof, and est portion of the cross section of a plum specified, all other terms shall have the adequate information thereon was not at right angles to a line running from same meaning as when used in the available to the Plum Commodity Com­ the stem to the blossom end; and, except amended marketing agreement and mittee until July 9, 1957; recommenda­ as otherwise specified, all other terms order. tion as to the need for, and the extent shall have the same meaning as when (5) Section 936.143 sets forth the re­of, regulation of shipments of such plums used in the amended marketing agree­ quirements with respect to the inspection was made at the meeting of said com­ ment and order. and certification of shipments of fruit mittee on July 9, 1957, after' considera­ (3) Section 936.143 sets forth the re­ covered by this section. Such section tion of all available information relative quirements with respect to the inspection also prescribes the conditions which must to the supply and demand conditions for and certification of shipments of fruit be met if any shipment is to be made such plums, at which time the recom­ covered by this section. Such section without prior inspection and certifica­ mendation and supporting information also prescribes the conditions which must tion. Notwithstanding that shipments were submitted to the Department; be met if any shipment is to be made may be made without inspection and shipments of the current crop of such without prior inspection and certifica­ certification, each shipper shall comply plpms are expected to begin on or about tion. Notwithstanding that shipments with all grade and size regulations appli­ August 5, 1957; this section should be may be made without inspection and cer­ cable to the respective shipment. applicable to all such shipments in order tification, each shipper shall comply with to effectuate the declared policy of the all grade and size regulations applicable (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. to the respective shipment. 608c) act; and compliance with the provisions of this section will not require of han­ (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. Dated: July 16, 1957. dlers any preparation therefor which 608c) cannot be completed by the effective [ se al] F l o y d F. H e d l u n d , Dated: July 16,1957. Acting Director, Fruit and time hereof. Vegetable Division, Agricul­ (b) Order. (1) During the period be­ [ s e a l ] F l o y d F. H e d l u n d , tural Marketing Service. ginning at 12:01 a. m., P. s. t., August Acting Director, Fruit and Vege­ 1,1957, and ending at 12:01 a. m., P. s. t., table Division, Agricultural [P. R. Doc. 57-5909; Piled, July 18, 1957; Marketing Service. 8:49 a. m.] November 1, 1957, no shipper shall ship any package or container of Giant plums [F. R. Doc. 57-5910; Piled, July 18, 1957; unless such plums grade at least U. S. 8:49 a. m.] No. 1; and [Plum Order 27] (1) If the plums are packed in a stand­ ard basket, they are of a size not smaller Part 936—F r e s h B a r tlett P ears, P ltjms, than a size that will pack a 5 x 5 standard [Plum Order 28] and E lber ta P ea c h e s G r o w n i n C a l i­ pack; fo r n ia (ii) I f the plums are packed in a spe­ P art 936—F r e s h B a r tlett P ears, P l u m s , a n d E lberta P e a c h e s G r o w n i n C a l i­ r e g u l a t io n b y grades a n d s iz e s cial plum box, they are of a size not smaller than a size that will pack a 7%- f o r n ia § 936.580 Plum Order 27— (a) Find­ row standard pack; ings. (1) Pursuant to the marketing (iii) I f the plums are packed in any REGULATION BY GRADES AND SIZES agreement, as amended, and Order No. container other than a standard basket § 936.581 Plum Order 28— (a) Find­ 36, as amended (7 CFR Part 936), regu­ or special plum box, seventy-five (75) ings. (1) Pursuant to the marketing lating the handling of fresh Bartlett percent, by count, of the plums measure agreement, as amended, and Order No. pears, plums, and Elberta peaches grown not less than one and ten-sixteenths 36, as amended (7 CFR Part 936), regu­ in the State of California, effective under (1 1%6) inches in diameter: Provided, lating the handling of fresh Bartlett the applicable provisions of the Agricul­ That, individual containers in any lot pears, plums, and Elberta peaches grown tural Marketing Agreement Act of 1937, 'may contain not more than thirty-seven in the State of California, effective under as amended (7 U. S. C. 601 et seq.), and and one-half (37Vis) percent, by count, the applicable provisions of the Agricul­ upon the basis of the recommendations of plums which measure less than one tural Marketing Agreement Act of 1937, of the Plum Commodity Committee, es­ and ten-sixteenths (D^ie) inches in di­ as amended (7 U. S. C. 601 et seq.), and tablished under the aforesaid amended ameter, if the average percentage of such upon the basis of the recommendations marketing agreement and order, and smaller sized plums in all containers in of the Plum Commodity Committee, es­ upon other available information, it is such lot does not exceed twenty-five (25) tablished under the aforesaid amended hereby found that the limitation of ship­ percent; and marketing agreement and order, and ments of plums of the variety hereinafter (iv) The diameters of the smallest and upon other available information, it is set forth, and in the manner herein pro­ largest plums in the package or container hereby found that the limitation of ship­ vided, will tend to effectuate the declared do not vary more than one-fourth inch: ments of plums of the variety hereinafter policy of the act. Provided, That, a total of not more, than set forth, and in the manner herein pro­ (2) It is hereby further found that itfive (5) percent, by count, of the plums in vided, will tend to effectuate the declared is impracticable and contrary to the pub­ the package or container may fail to policy of the act. lic interest to give preliminary notice, meet this requirement. (2) It is hereby further found that it engage in public rule-making procedure, (2) As used herein, “ U. S. No. 1,” is impracticable and contrary to the pub­ and postpone the effective date of this “ fairly uniform in size,” and “ standard lic interest to give preliminary notice, section until 30 days after publication pack” shall have the same meaning as set engage in public rule-making procedure, thereof in the F ederal R egister (60 Stat. forth in the revised United States stand­ and postpone the effective date of this 237; 5 U. S. C. 1001 et seq.) in that, as ards for plums and prunes (Fresh) section until 30 days after publication hereinafter set forth, the time interven­ (§§ 51.1520 to 51.1530 of this title); thereof in the F ederal R egister (60 Stat. ing between the date When information “standard basket” shall mean the stand­ 237; 5 U. S. C. 1001 et seq.) in that, as upon which this section is based became ard basket set forth in paragraph 1 of hereinafter set forth, the time interven­ available and the time when this section section 828.1 of the Agricultural Code of ing between the date when information must become effective in order to effec­ California; “ special plum box” shall upon which this section is based became tuate the declared policy of the act is mean the special plum box set forth in available and the time when this section insufficient; a reasonable time is per­ section 828.15 of the Agricultural Code must become effective in order to effec­ mitted, under the circumstances, for of California; “7 ^-row standard pack” tuate the declared policy of the act is Preparation for such effective time; and shall mean that the top layer of the insufficient; a reasonable time is per­ good cause exists for making the pro­ pack contains 56 plums which are fairly mitted, under the circumstances, for 5746 RULES AND REGULATIONS preparation for such effective time; and “ 7-row standard pack” shall mean that tee to perform its functions, in accord­ good cause exists for making the pro­ the top layer of the pack contains 52 ance with the provisions thereof, during visions hereof effective not later than plums which are fairly uniform in size the initial fiscal period beginning May 21, August 1, 1957. A reasonable deter­ and the plums in the top layer are not 1957, and ending March 31, 1958, will mination as to the supply of, and the superior in size to those in the remain­ amount to $7,922.00. demand for, such plums must await the der of the pack; “diameter” shall mean (b) Rate of assessment, rçhe rate of development of the crop thereof, and the distance through the widest por­ assessment, which each handler who first adequate information thereon was not tion of the cross section of a plum at handles apricots shall pay as his pro available to the Plum Commodity Com­ right angles to a line running from the rata share of the aforesaid expenses in mittee until July 9, 1957; recommenda­ stem to the blossom end; and, except as accordance with the applicable provi­ tion as to the need for, and the extent otherwise specified, all other terms Shall sions of said marketing agreement and of, regulation of shipments of such plums have the same meaning, as when used in order is hereby fixed at one dollar was made at the meeting of said com­ the amended marketing agreement and ($1.00) per ton of apricots so handled mittee on July 9, 1957, after considera­ order. by such handler during such initial fiscal tion of all available information relative (3) Section 936.143 sets forth theperiod. requirements with respect to the in­ to the supply and demand conditions for It is hereby further found that it is spection and certification of shipments such plums, at which time the recom­ impracticable and contrary to the public of fruit covered by this section. Such mendation and supporting information interest to postpone the effective time were submitted to the Department; section also prescribes the conditions hereof until 30 days after publication in shipments of the current crop of such which must be met if any shipment is the F ederal R egister (60 Stat. 237; 5 plums are expected to begin on or about to be made without prior inspection U. S. C. 1001 et seq.) in that (1) ship­ and certification. Notwithstanding that August 5, 1957; this section should be ments of apricots are now being made; applicable to all such shipments in order shipments may be made without in­ (2) the rate of assessment is applicable to effectuate the declared policy of the spection and certification, each shipper to all apricots shipped during the afore­ act; and compliance with the provisions shall comply with all grade and size said initial fiscal period; and (3) it is of this section will not require of han­ regulations applicable to the respective essential that the specification of as­ dlers any preparation therefor which shipment. sessment rate be issued immediately so cannot be completed by the effective (Sec. 5, 49 Sta't. 753, as amended; 7 U. S. C. as to enable the said Washington Apri­ time hereof. 608c) cot Marketing Committee to perform its (b) Order. (1) During the period be­ Dated: July 16, 1957. duties and functions in accordance with ginning at 12:01 a. m., P. s. t., August 1, said marketing agreement and order. 1957, and ending at 12:01 a. m., P. s. t., [ s e a l ] F l o y d F. H e d l u n d , Terms used in the marketing agree­ November 1, 1957, no shipper shall ship Acting Director, Fruit and Vege­ ment and order shall, when used herein, any package or container of Late Duarte table Division, Agricultural have the same meaning as is given to the plums unless such plums grade at least Marketing Service. respective term in said marketing agree­ U. S. No. 1 ; and [F. R. Doc. 57-5911; Filed, July 18, 1957; ment and order. (1) If the plums are packed in a stand­ 8:49 a. m.] (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. ard basket, they are of a size not smaller 608c) than a size that will pack a 4 x 5 standard pack; Dated: July 15, 1957. (ii) I f the plums are packed in a special P art 1020— A p r ic o t s G r o w n i n D e s ig ­ [ s e a l ] R o y W. L e n n a r t s o n . plum box, they are of a size not smaller na te d C o u n t ie s i n W a s h in g t o n Deputy Administrator, than a size that will pack a 7-row stand­ Marketing Services. DETERMINATION RELATIVE TO EXPENSES AND ard pack; [F. R. Doc. 57-5912; Filed, July 18, 1957; FIXING OF RATE OF ASSESSMENT FOR IN I­ (iii) I f the plums are packed in any 8:49 a. m.j container other than a standard basket TIAL FISCAL PERIOD or special plum box, sixty-six and two- Notice was published in the July 4, thirds (66%) percent, by count, of the 1957, daily issue of the F ederal R egister TITLE 14— CIVIL AVIATION plums measure not less than one and (22 F. R. 4730) that consideration was thirteen-sixteenths ( l 1%e> inches in being given to the proposals regarding Chapter II— Civil Aeronautics Admin­ diameter: Provided, That individual the expenses and the fixing of the rate istration, Department of Commerce containers in any lot may contain not of assessment for the initial fiscal period . [ Amdt. 26] more than fifty (50) percent, by count, ending March 31, 1958, under the mar­ of plums which measure less than one keting agreement and Order No. 120 (7 P art 609— S tandard I n s t r u m e n t and thirteen-sixteenths (11%6) inches in CFR Part 1020; 22 F. R. 3514) regulating A ppr o ac h P rocedures diameter, if the average percentage of the handling of apricots grown in des­ ALTERATIONS such smaller sized plums in all such lot ignated counties in Washington, effec­ does not exceed thirty-three and one- tive under the applicable provisions of The Terminal VOR procedure No. 17 third (33%) percent; and the Agricultural Marketing Agreement for Redstone (Army) Airport, Huntsville, (iv) The diameters of the smallest and Act of 1937, as amended (7 U. S. C. 601 Alabama, appearing in Amendment No. 256 and published in the F ederal R eg­ largest plums in the package or container et seq.). After consideration of all rel­ ist e r on July 6, 1957 (22 F. R. 4746) is do not vary more than one-fourth inch: evant matters presented, including the Provided, That, a total of not more than hereby corrected to read: “Distance, proposals set forth in such notice which five (5) percent, by count, of the plums Rocket FM @ or abeam HUA-RBn to in the package or container may fail to were submitted by the Washington Apri­ Rny, 3.8” instead of “Distance Rocket meet this requirement. cot Marketing Committee (established FM @ or abeam HUA-RBn to Rny, 3.2”. pursuant to said marketing agreement (2) As used herein, “U. S. No, 1,” This amendment shall become effec­ “fairly uniform in size,” and “standard and order), it is hereby found and de­ tive on August 3,1957. pack” shall have the same meaning as termined that: set forth in the revised United States (Sec. 205, 52 Stat. 984, as amended; 49 U. S. C. § 1020.201 Expenses and rate of as-* 425. Interpret or apply sec. 601, 52 Stat. 1007, Standards for plums and prunes (Fresh) sessment for the initial fiscal period— as amended; 49 U. S. C. 551) (§§ 51.1520 to 51.1530); “ standard bas­ ket” shall mean the standard basket set (a) Expenses. The expenses that are [ s e a l ] W il l ia m B . D a v is , forth in paragraph 1 of section 828.1 of reasonable and likely to be incurred by Acting Administrator the Agricultural Code of California; the Washington Apricot Marketing Com­ > of Civil Aeronautics. “special plum box” shall mean the spe­ mittee, established pursuant to the pro­ J u l y 12,1957. cial plum box set forth in sectiôn 828.15 visions of the aforesaid marketing agree­ [F. R. Doc. 57-5885; Filed, July 18, 1957; of the Agricultural Code of California; ment and order, to enable such commit­ 8:45 a. m .l Friday, July 19, 1957, FÉDÉRAL REGISTER 5747 [Amdt. 27] P art 609—Standard I nstrument A pproach P rocedures PROCEDURE ALTERATIONS The standard instrument approach procedures appearing hereinafter are adopted to become effective when indicated in order to promote safety. Compliance with the notice, procedures, and effective date provisions of section 4 of the Administrative Procedure ^ct would be impracticable and contrary to the public interest, and therefore is not required. Part 609 is amended as follows: N o t e - WUere the general classification (L/MFR, ADF, VOR, TerVOR, VOR/DME, ILS. or RADAR), location, and procedure number (if any) of any procedure in the amendments which follow, are identical with an existing procedure, that procedure is to be substituted for the existing one, as of the effective date given, to the extent that it differs from the existing procedure; where a procedure is cancelled, the existing procedure is revoked; new procedures are to be placed in appropriate alphabetical sequence within the section amended. 1. The low or medium frequency range procedures prescribed in § 609.100 (a) are amended to read in part:

LFR Standard I nstrument A pproach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical m U l te^dm íedhatthe below named airport,« shall be in accordance with the following instrument approach procedure, unless mi* aDPro^h is conducted in accordance with a different procedure for such airport authorized by the Administrator of Civil Aeronautics Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less More than Course and Minimum 2-engine, To— altitude Condition more than >• From— distance (feet) 65 knots More than or less 65 knots 65 knots

p r o c e d u r e Ca n c e l l e d , e f f e c t i v e 29 a u g u s t -i 957, d u e t o decommissioning o f l f r .

City, Austin; State, Tex; Airport Name, Mueller; Elev 631'; Fac Class SBMRLZ; Ident, Aus; Procedure No. 1, Amdt 12; Eff Date, 16 Mar 57; Sup Amdt No. 11; Dated, - 9 Feb 57

300-1 300-1 200-)$ Perryville FM PH X T/’P'H 4000 T-dn______PHTC-IYFR _ ...... Direct______2600 C-dn...... 500-1 600-1 600-1)$ Phoenix VOR. A-dn______800-2 800-2 800-2 Tolleson Int*~ PTTX-LTTR . ,r Direct______2600

*Int W crs PH X-LFR and GBN-VOR R-027. Procedure turn S side E crs, 081 Outbnd, 261 Inbnd, 2600' within 10 miles. 4000 within 15 miles. Beyond 15 miles NA. (Nonstandard due to high terrainto the North.) Minimum altitude over facility on final approach crs, 2100'. Uvisual contact^no^St ablisheTu^n^^cent to authorized landing minimums or if landing not accomplished within 1.5 miles, climb to 2500' on W crs, make a climbing right turn, returning to LFR at 4000'. Caution: Hills and tower 2905' 6 miles SSW of airport. Citv Phoenix- State Ariz; Airport Name, Sky Harbor; Elev, 1124'; Fac Class, SBMRAZ; Ident, PHX; Procedure No. 1, Amdt 9, Eff Date, 17 Aug 57; Sup Amdt No. 8; ■ ’ Dated, 29 Dec 56 2. The automatic direction finding procedures prescribed in § 609.100 (b) are amended to read in part:

■ ADF Standard I nstrument A pproach P rocedure Bearings headings, courses and radiate are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical ^^^f a^instrament?p^^M^pr(S?ure^the abov^ty^ls condMtedTat^lm below named airport, it shall be in accordmce with the following instrument a p p r o ^ p r ^ u r e , nnless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of CivU Aeronautic. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.______

Transition Ceiling and visibility minimums

2-engine or less More than Course and Minimum 2-engine, From— To— altitude Condition more than distance (feet) 65 knots More than or less 65 knots 65 knots

TDW-MHW ______Direct. ______5000 T-dn______.... 300-1 NA NA TDW-MHW ...... —...... , Direct______5000 C-dn.______700-1 NA NA TDW-MHW ...... „ • ...... Direct______5300 A-dn______NA NA NA TD W -M H W ...... Direct______4900 TD W -M H W ...... Direct...______4900 TD W -M H W ...... Direct—._____ :__ 4900 TD W -M H W ...... Direct______4900 TD W -M H W ...... Direct______5000 TDW-MHW..-...... Direct...i______5300

Teardrop procedure turn, 092 outbnd, 254 inbnd, 4900' within 10 mi. N A beyond 10 mi. Minimum altitude over facility on final approach course, 4400'. Hvisual TO ntl^notcSsh^d^pan descent to authorized landing minimums or If landing not accomplished within 3J. mi after passing TDW , climb to 5000' on crs of 254° within 20 mi. / N ote: Air carrier use not authorized. City, Amarillo; State, Tex; Airport Name, Tradewind; Elev 3636'; Fac Class, MHW; Ident, TDW; Procedure No. 1; Amdt 1; Eff Date, 17 Aug 57; Sup Amdt No. Orig; Dated, 29 Jun 57 5748 RULES AND REGULATIONS

3. The very high frequency omnirange procedures prescribed in § 609.100 (c) are amended to read in part:

VOR Standard I nstrument A pproach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. u<*uwcai If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of Civil Aeronautics. Initial approaches shall he made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— T o - Course and 2-engine, distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots

Austin RBn______AÜS-VOR-...... 2000 300-1 300-1 3 mi DME fix R-355...... AUS-VOR iFinal)______•300-1 1600 O—rin 400-1 500-1 600-1)4 S-dn-16R...... -400-1 400-1 & 400-1 A-dn______800-2 800-2 800-2

*200-)4 authorized on Runways 16R, 34L, 12R and 30L only. Procedure turn W side crs, 355 Outbnd, 175 Inbnd, 2000' within 10 mi. Beyond 10 mi. NA. Minimum altitude over facility on final approach crs, VOR 1600'; AUS FM or DME fix 2.4 on R-175 AUS VOR 1300'**. •♦Descent below 1300' authorized only after passing AUS FM, DME fix 2.4 on R-175. Crs and distance, facility to airport, 175—4.9 VOR to airport; 175—2.5 from 2.4 DME fix to airport. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.9 ml, turn left, climb to 2000' on R-100 within 20 mL u au tio n: lank 855 MSI, 1.2 mi W final approach crs 2.3 mi NW of airport. City, Austin; State, Tex; Airport Name, Mueller; Elev 631'; Fac Class, BVOR; Ident, AUS; Procedure No. 1; Amdt 7; Eff Date, 29 Aug 57; Sup Arndt No. 6; Dated, 31 Mar 56

HSV-VOR.. Ballard Int.* (Final)... Direct. 2200 T-dn. 300-1 Ballard Int.*, 300-1 800-1 Chemical Int.# (Final) Direct. 1700 C-d.. 400-1 500-1 500-1)4 C-n._ 600-2 600-2 600-2 A-dn. NA NA NA

•Ballard Int.; Int. HSV-VOR R-238 and HUA-VOR R-351. #Chemical Int: Int. HSV-VOR R-238 and HUA-VOR R-275. (HUA-VOR is on Redstone AAF.) Procedure turn N side of crs 058 Outbnd, 238 Inbnd, 3000' within 10 mi. - ...... Minimum altitude over facility on final approach crs, 2500'. Crs and distance, facility to airport, 238—17.9.) ’ v ...... Minimum altitude over Ballard Int on final approach crs, 2200'. > Crs and distance, Ballard Int to airport, 238—14.2. Minimum altitude over Chemical Int, 1700'. Crs and distance, Chemical Int to airport, 238—4.7. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished turn left and return to HSV-VOR on R-238 at 3000'. N ote: N o weather reporting facilities available. Air carrier use not authorized. City, Decatur; State, Ala; Airport Name, Pryor Field; Elev 591'; Fac Class, VOR; Ident, HSV; Procedure No. 1, Orig; Eff Date, 17 Aug 57

Windsor L F R ______Windsor VOR______2700 500-1 600-1 500-1 C-dn#...... 700-1 700-1 700-1)4 800-2 800-2 800-2

@300-1 take-off authorized Rny-33 only. / Procedure turn East side of course, 170 Outbnd, 350 Inbnd, 2700' within 10 miles. Minimum altitude over QG VOR on final approach, 2700'. Course mid distance, Int* to airport 350°—5.0 mi. ^Maintain 2700' until passing Int*, after which descend to authorized minimums. crs Windsor LFR&to w Lren I n t ^ Up°n descent to authorized landing minimums or if landing not accomplished within 5.0 miles after passing Int*, climb to 2300' on NW *Int. R-350 QG and R-081 Y IP or bmg 255 to R M L LFR. N ote: Dual VOR or VOR and ADF receivers required for this procedure. A ir Carr ier N ote: Sliding scale not authorized. City, Detroit; State, Mich; Airport Name, Detroit City; Elev 626'; Fac Class, BVOR; Ident, QG; Procedure No. 1. Amdt 1; Eff Date, 17 Aug 57; Sup Amdt No. Orig; Dated, 29 Jun 57

Cave Creek Int______PH X-VO R...... 5000 300-1 300-1 200-)4 Perry ville FM ______PHX-VOR ______4000 500-1 600-1 600-1)4 Phoenix L F R ______PHX-VOR...... 2600 800-2 800-2 800-2 Thunderbird Int*______PHX-VOR...... __ 4000 McDowell Int**______PHX-VOR______5000 Ocotillo Int#______PH X-V O R ...... 4000 Tolleson Int##______PHX-VOR...... 2600

•Int. PH X R-325 and H ŸM R-065. **Int. PH X R-015 and H YM R-065. #Int. PH X R-146 and H YM R-090. ##Int. PH X R-258 and GBN R-027. Procedure turn S side crs, 080 Outbnd, 260 Inbnd, 2600' within 10 miles%. 4000' within 15 miles. Beyond 15 miles NA. (Nonstandard due high terrain to the North.) %Caution: 2970'obstruction 5 mi N of crs, 13 mi E of VOR. Minimum altitude over facility on final approach crs, @2100'. @Descent below 1900' not authorized until ABEAM of PH X LFR, Inbnd. Crs and distance, facility to airport, 256—5.5. • . F,visual ®°ntact not established upon descent to authorized landing minimums or if landing not accomplished within 5.5 miles, climb to 2500' on R-256. make a climbing right turn, returning to VOR at 4000'. - Cau tio n : Hills and tower 2905' 6 mi SSW of airport. City, Phoenix; State, Ariz; Airport Name, Sky Harbor; Elev, 1124'; Fac Class, BVOR; Ident, PHX; Procedure No. 1, Amdt 6; Eff Date, 17 Aug 57; Sup Amdt No. 5; Dated, 29 Dec 56 Friday, July 19, 1957 FEDERAL REGISTER 5749

4. The instrument landing system procedures prescribed in 5 609.400 are amended to read in part:

ILS Standard Instrument A pproach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are In feet above airport elevation. Distances are in nautical miiftR unless otherwise indicated, except visibilities which are in statute miles. . , . If an instrument approach procedure of the above type is conducted at the below named airport, it shall be In accordance with the following instrument approach procedure, unless an approach is conducted in accordance with & different procedure for such airport authorized by the Administrator of Civil Aeronautics. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation In the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less More than Course, and Minimum 2-engine, ?, From— To— altitude Condition more than distance (feet) 65 knots More than or less 65 knots 65 knots

Direct______3000 T-dn#...... 300-1 300-1 200-)$ Direct______2300 C-dn...... 400-1 500-1 500-1)$ Burnet Int (Final)...______Direct______1400 S-dn-12...... 400-1 400-1 400-1 A-dn..______800-2 800-2 800-2

# Not less than 300-1 authorized for take-off on runways 3-21,16L-34R, and 12L-30R. Procedure turn W side NW crs, 305 Outbnd. 125 Inbnd, 3000' within 10 mi of Plateau lnt. Beyond 10 mi NA. No glide slope. M inimum altitude at Plateau lnt 2300', Burnet lnt 1400'. r Distance, Burnet lnt to Rny 12,2.4 mi. ’ ...... ,, , ...... , , _ . _ If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 2.4 miles of Burnet lnt., climb to 2000' on SE crs ILS within 20 miles, or when directed by ATC, turn left, climb to 2000r, proceed direct to AUS-VOR, or turn right, climb to 2100' on R-175 within 20 mi. Citv Austin- State. Tex: Airport Name, Mueller; Elev, 631'; Fac Class, ILS-IAUS; Ident VOR-AUS, NW crs ILS; Procedure No. ILS-12R, Arndt 3; Eft Date, 29 Aug 57; Sup Amdt No, 2; Dated, 16 Mar 57

LOM ...... -...... Direct...... 2000 T-dn#...... 300-1 300-1 200-)$ LOM ...... Direct______2000 C-dn— ...... 400-1 500-1 500-1)$ Direct.______1900 S-dn-30L: LOM ...... Direct______2000 ILS ...... 300-)$ 300-)$ 300-)$ TDM (Final) ______Direct______2000 ADF...... 400-1 400-1 400-1 A-dn: ILS...... 600-2 600-2 600-2 ADF...... 800-2 800-2 800-2

#A11 aircraft are restricted to 300-1 minima for take-off on Runways 3-21,16L-34R, and 12L-30R. Procedure turn E side SE crs, 125 Outbnd, 305 Inbnd, 2000' within 10 miles. Beyond 10 mi NA. Minimum altitude at G. S. int inbnd, 2000'* ILS, minimum altitude over LOM inbnd final 1200' ADF. *2000' will intercept glide slope 0.5 mi after passing OM. Altitude of G. 8. and distance to approach end of Rny at OM 2120—5.1; at M M 820—0.4. Crs and distance, LOM to airport, 305-5.1. . . . . ,, , ...... „ . . T .. XTt*r _ TT a If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, within 5.1 mi of LOM (ADF) climb to 3000 on N W crs ILS (305) within 20 miles, or when directed by ATC, turn right, climb to 2000', proceed direct to VOR...... , . „ N ote: 400-1 reQuired when glide slope not used. No approach lights. All installed components of ILS must be operating or alternate minima of 800-2 apply. City, Austin; State, Tex; Airport Name, Mueller; Elev 631'; Fac Class, ILS-IAUS; Ident, LOM-AU; Procedure No. ILS—30L, Amdt 14, Comb ILS—ADF; Eflf Date, 29 Aug 57 Sup Amdt No. 13; Dated, 13 Apr 57

LMM ...... Direct______1700 T-dn______300-1 300-1 200-)$ T.MM ...... Direct______1700 C-dn...... 500-1 600-1 600-1)$ L M M -...... Direct______1700 S-dn-6: Í1M (Pinal) _____ Direct______1700 ILS...... 200-)$ 200-)$ 200-)$ OM (Pinal) ______Direct______*800 ADF*...... 400-1 400-1 400-1 A-dn: ILS...... 600-2 600-2 600-2 ADF...... 800-2 800-2 800-2 ;.v' :‘; V'

Procedure turn S side SW crs, 237 Outbnd, 057 Inbnd, 1700' within 10 mi of OM. _ Minimum altitude at glide slope int inbnd, 1700' ILS. Minimum altitude over OM inbnd final 80(r ADF. _ _ _ .... , , . *ADF approach: descent to airport minimums authorized after passing OM; if OM not received, maintain 800' until passing LM M and circling minimums apply. Altitude of glide slope and distance to approach end of runway at OM 1655'—4.7; at M M SIO'—0.6. . . . / m m , , . . „ If visual-, contact . . . not established1.1.-..1 I upon_____ ------descent to authorized™ i1 landing if lon^iru, minimums nnf onnnmn or if landing ctlo/i not Trnfhin accomplished, O fi in within 0.6 mi after passing nSQQintf T.MMLM M I(ADF) A TlPl make Hflright ht. PI1Tclimbing turn as soon as practical to 1700' returning to ILS LM M , and hold SW. N ote: Runway 10-28 closed nights. City, Islip; State, N Y; Airport Name, MacArthur Field; Elev ( i'; Fac Class, ILS-ISL; Ident, LMM-SL; Procedure No, 1, Amdt 4, Comb ILS-ADF; Eft Date, 17 Aug 57 Sup Amdt No. 3; Dated, 29 May 54

MSN-LFR...... 2500 T-dn____ ._____ 300-1 300-1 200-)$ Int 099R LNR-VOR and Back crs 2500 O-dn...... 600-1 600-1 600-1)$ MSN-ILS. Mendota VHF In t...... 2500 S-dn...... 400-1 400-1 400-1 MSN-LOM-...... 2500 A-dn______800-2 800-2 800-2

Procedure turn E side of crs, 359 Outbnd, 179 Inbnd, 2500' within 10 mi. No glide slope. Altitude over Truax Int #2000'. No markers; distance from Truax Int #3.7. , _ T ;. , . ninn, _ If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.7 miles after passing Truax Int#, climb to 2400 on S crs ILS within 20 mi. # Truax Int: Int 270 brag to Truax Rbn and N crs MSN ILS. (To be shown on A L charts only.) N ote: It Truax Rbn not operative, VFR minimums apply. City, Madison; State, Wis; Airport Name, Truax Field; Elev 85V; Fac Class, ILS MSN; Ident, M HW TAX; Procedure No. 2, Amdt 1, Back crs ILS approach utilizing AD F fix; Eft Date, 17 Aug 57; Sup Amdt No. Orig; Dated, 29 Dec 56 These procedures shall become effective on the dates indicated on the procedures. (Sec. 205, 52 Stat. 984, as amended; 49 U. S. C. 425. Interpret or apply sec. 601, 52 Stat. 1007, as amended; 49 TJ. S. C. 551)

[SEAL] W i l l ia m B . D a v is , Acting Administrator of Civil Aeronautics. J u l y 12, 1957. (F. R. Doc. 57-5886; Filed, July 18, 1957;. 8:45 a. m.]

No. 139— 3 5750 RULES AND REGULATIONS

Sec. source. Detailed information concern­ TITLE 32— NATIONAL DEFENSE 710.33 Tests for candidates nominated for ing entrance procedure, equipment and Teadmission. pay is contained in Appendix I (§ 710.60). Chapter VI— Department of the Navy 710.34 Time for reporting for admission. Subchapfer C— Personnel 710.35 Certificate forms. § 710.2 . Engagement to serve. Title ADMISSION BASED ON COLLEGE CERTIFICATE 10, United States Code, section 6959 P art 710—A d m is s io n o f C a nd id ates I n t o reads as follows: t h e N aval A c a d e m y as M id s h ip m e n 710.36 Requirements for admission based on college certificate. Sec. 6959. Midshipmen: agreement for REVISION OF PART 710.37 Evaluation of courses. length of service. Each midshipman who Is a citizen or national of the United States Part 710 is revised to read as follows: 710.38 Length of college attendance. 710.39 Accredited schools and colleges. shall sign an agreement that, unless sooner Subpart A— General 710.40 Preliminary college certificate. separated, he will— > Sec. 710.41 Tentative acceptance. (1) Complete the course of instruction at 710.1 Nomenclature. 710.42 Special requirements. the Naval Academy; 710.2 Engagement to serve. 710.43 Completion of record essential. (2) Accept an appointment and serve as a commissioned officer of the Regular Navy, Subpart B— Additional Service Obligation ADMISSION BASED ON HIGH SCHOOL CERTIFICATE the Regular Marine Corps, or the Regular Required of Certain Midshipmen AND SUBSTANTIATING EXAMINATION Air Force for at least three years immediately 710.3 Enlisted members. 710.44 Requirements for admission based after graduation; and 710.4 Members separated from the Naval on .high school certificate and sub­ (3 ) Accept an appointment as a commis­ Academy. stantiating examination. sioned officer in the reserve component of the Navy or the Marine Corps or as a Reserve 710.45' Low grades, irregular date and other Subpart C— Age, Moral, and Citizenship special circumstances. in the Air Force^for service in the Air Force Requirements, Marriage 710.46 Responsibility of school authorities. Reserve and remain therein until the sixth anniversary of his graduation if an appoint­ 710.5 Age and citizenship requirements. 710.47 Description of unit of admission ment in the regular component of that 710.6 Moral requirements. requirements. armed force is not tendered to him or if he 710.7 Marriage. 710.48 Decision as to acceptance or rejec­ is permitted to resign as a commissioned tion of a certificate. Subpart D— Sources of Nominations 710.49 Certificates covering uncompleted officer of that component before that anni­ versary. 710.8 Appointments by the Vice-President, high school work. each Senator, Representative, and 710.50 Submission of essential certificate If the midshipman is a minor and has Delegate. papers in time. parents or a guardian, he may sign the agree­ 710.9 Appointments by the Commissioners, 710.51 List of secondary school subjects ment only with the consent of the parents D.C. which can be used for certification or guardian. 710.10 Appointments by the President at (Form II ). large. 710.52 Definition of unit. SUBPART B— ADDITIONAL SERVICE OBLIGATION 710.11 Appointments from the enlisted 710.53 Admission by certificate methods— a REQUIRED OF CERTAIN MIDSHIPMEN men of the Regular Navy and the privilege. 710.3 Enlisted members. Enlisted Marine Corps. ADMISSION BY REGULAR EXAMINATION members of the Armed Forces qualified 710.12 Appointments from the enlisted men of the Naval Reserve and the 710.54 Regular examination. for admission as midshipmen at the U. S. Marine Corps Reserve. Naval Academy, who accept appoint­ Subpart G — Physical Requirements 710.13 Vacancies. ments as midshipmen, will not be dis­ 710.14 Appointments from among the sons 710.55 Physical standards. charged from their enlistment contracts of deceased officers, soldiers, sailors, 710.56 Three categories of physical ex­ or from their period of obligated service and marines of the World Wars aminations. during the continuation of their mid­ and other periods. 710.57 Preliminary physical examination. shipman status except for reasons of ac­ 710.15 Appointments from among the honor 710.58 Formal physical examination. ceptance of commission or for physical graduates of educational institu­ 710.59 Physical reexamination. tions which are designated as disability. “honor schools” by the Department Subpart H— Appendixes to Regulations Govern­ § 710.4 Members separated from the of the Army or by the Navy Depart­ ing the Admission of Candidates Into the Naval Academy as Midshipmen Naval Academy. Members separated ment, and the members of the from the U. S. Naval Academy, except for Naval Reserve Officers’ Training 710.60 Appendix I—Entrance procedure, reasons specified in article 3 above, shall Corps. equipment and pay. 710.16 Appointments from among the sons 710.61 Appendix II—Appointments from have their appointment as a midship­ of persons who have been or shall without the United States. man terminated and their enlisted status hereafter be awarded the Congres­ 710.62 Appendix HI—Definition of certain shall be resumed. Members so reverted sional Medal of Honor. of the subjects listed in secondary to enlisted status shall be continued in 710.17 Qualified alternates and qualified school certificates. such enlisted status until expiration of competitors. 710.63 Appendix IV—Physical standards and enlistment, or for the remainder of their 710.18 Appointments from—Puerto Rico; disqualifying defects. obligated service, as appropriate, or until the Canal Zone; the Republic of 710.64 Appendix V—Installations conduct­ sooner discharged. In computing the the Philippines; and from Ameri­ ing preliminary physical examina­ can Republics (other than the tions for the U. S. Naval Academy. unexpired portion of an enlistment con­ United States) and Canada. 710.65 Appendix VI— Installations conduct­ tract or period of obligated service, time ing formal physical examinations served as a midshipman shall be counted Subpart E— Nomination Procedures for the U. S. Naval Academy. as time served under such contract or 710.19 Statutory provisions and deadlines. 710.66 Appendix VII— Course of instruction. period of obligated service. (Act of June 710.20 Residence requirement. A u t h o r it y : § § 710.1 to 710.66 issued under 25, 1956, 70 Stat. 333, 50 U. S. C. 1411, 710.21 Nomination of alternates. sec. 6011, 70A Stat. 375; 10 U. S. C. 6011. 1412.) 710.22 Information regarding entrance re­ Interpret or apply secs. 6951-6974, 70A Stat. quirements and first year’s work. SUBPART C— AGE, MORAL, AND CITIZENSHIP 428; 10 U. S. C. 6951-6974. 710.23 Competitive examinations by the REQUIREMENTS, MARRIAGE Civil Service Commission. SUBPART A— GENERAL § 710.5 Age and citizenship require­ Subpart F— Methods of Admission § 710.1 Nomenclature. The students ments. (a ) All candidates are required States 710.24 Statutory requirement regarding of the Naval Academy are called Mid­ to be male citizens of the United mental examinations. shipmen» Upon acceptance and execu­ and must be not less than 17 years of 710.25 Scholastic examinations. tion of the required oath of office, they age nor more than 22 years of age on 710.26 Instructions and registration. are issued appointments as Midshipmen July 1 of the calendar year in which they 710.27 Information on the tests. in the United States Navy which are enter the Naval Academy. (10 U. S. C. 710.28 Three methods of qualifying signed by the Secretary of the Navy by 6958.) mentally. direction of the President of the United (b ) I f the candidate has not reached 710.29 Determination of the order of suc­ his seventeenth birthday on or before cessful candidates. States. All of the sources of nomination 710.30 Candidates falling achievement tests. for appointment are established by law July 1, or if he will have reached his 710.31 Determination of satisfactory scores. and no one can be appointed unless duly twenty-second birthday on or before July 710.32 Renominated candidates. nominated by or from an authorized 1 of the calendar year in which he expects Friday, July 19, 1957 FEDERAL REGISTER 5751 to enter the Naval Academy, he will he the Secretary of the Navy to appoint each at large, to be appointed by the Pres­ ineligible for admission. year 160 enlisted men of the regular Navy ident from among the sons of members and Marine Corps who are not more than of the Armed Forces of the United States, § 710.6 Moral requirements. Candi­ 22 years of age on July 1 of the year it is who were killed in action or have died, dates must be of good moral character. desired to enter and who enlisted in the or may hereafter -die, of wounds or in­ No candidate who has been dismissed in Navy or Marine Corps on or before July 1 juries received, or disease contracted, or accordance with Title 10, United States of the preceding year. Enlisted men who preexisting injury or disease aggravated, Code, section 6961, or who is permitted to can fulfill the requirements as to age and in active service during (1) World War resign in lieu of dismissal, shall be re­ length of service should make known to I or World War I I (as each is defined by appointed or allowed to reenter the Naval their commanding officers early in their laws providing service-connected com­ Academy. enlistments their desire to become candi­ pensation or pension benefits for veter­ § 710.7 Marriage. No person who is dates for admission to the Naval Acad­ ans of World War I and World War II married, or who has been married, shall emy. The initial selection steps directed and their dependents) ; or (2) the period be admitted as a midshipman to the by the Bureau of Naval Personnel usually beginning June 27, 1950 and ending on Naval Academy. Midshipmen shall not begin in thè Spring of each year to deter­ January 31,1955: Provided, That the de­ marry, and any midshipman who be­ mine eligibility for assignment to the termination of the Veterans' Administra­ comes married or who is found to be mar­ United States Naval Preparatory School tion as to service connection of the cause ried shall be recommended for discharge. convening in September. Only men as­ of death shall be binding upon the Sec­ signed to this school are eligible to com­ retary oi. the Navy: Provided further, SUBPART D— SOURCES OF NOMINATIONS pete for appointment to the Naval Acad­ That all such appointees are otherwise § 710.8 Appointments by the Vice- emy by the Secretary of the Navy. qualified for admission: And provided President, each Senator, Representative, Enlisted men failing in the examinations further, That appointees under this act and Delegate. Appointments by the for midshipman will be required to serve shall be selected in order of merit as Vice-President, each Senator, Represent­ out their terms of enlistment. established by competitive examination. ative, and Delegate are allowed a maxi­ (b). For further information in regard (b) No- recommendation or endorse­ mum of 5 midshipmen at the Naval to enlisting in the Navy, candidates ment from any source is necessary. All Academy at any one time. The selection should apply to the nearest Navy Re­ applications for appointment or for of candidates, by competitive examina­ cruiting Station. further information should be addressed tion or otherwise, for vacancies in the to the Chief of Naval Personnel, Navy quotas of Senators, Representatives, and § 710.12 Appointments from the en­ listed men of the. Naval Reserve and the Department, Washington 25, D. C. Full Delegates in Congress is entirely in the name and date of birth of applicant hands of each Senator, Representative, Marine Corps Reserve, (a) The law au­ thorizes the Secretary of the Navy to should be given; also full name, grade, and Delegate in Congress having a va­ and date of death of his parent. cancy; and all applications for appoint­ appoint each year 160 midshipmen, to be ments or inquiries relative to competitive selected as a result of competitive exam­ § 710.15 Appointments from among examinations should be addressed ination of enlisted men of the Naval Re­ the honor graduates of educational in­ accordingly. serve and the Marine Corps Reserve, stitutions which are designated as hereinafter referred to as the Reserve. “honor schools” by the Department of § 710.9 Appdintments by the Com­ (b) Candidates must not be more than the Army or by the Navy Department, missioners, D. C. Appointments by the 22 years of age and have been members and the members of the Naval Reserve Commissioners, D. C., are allowed a of the Reserve for one year by July 1 of Officers’ Training Corps, (a) Title 10, maximum of 5 midshipmen at the Naval the year of entrance to the Naval Acad­ United States Code, § 6954, authorizes Academy at any one time. The selec­ emy. In addition, candidates ' must be the Secretary of the Navy to appoint not tion of candidates to fill vacancies for the members of a drilling unit of the Reserve, more than 20 midshipmen annually to District of Columbia is performed by the be recommended by their commanding the Naval Academy from among the Board of Commissioners of the District officers, have maintained efficiency in honor graduates of educational institu­ of Columbia, and the appointments are drill attendance with their Reserve units, tions which are designated as “ honor made by the President. and must meet the same mental and schools” by the Department of the Army § 710.10 Appointments by the Presi­ physical requirements as other candi­ or by the Navy Department in accordance dent at large. The law authorizes the dates for appointment to the Naval with regulations established by the President to appoint 75 midshipmen each Academy. Secretary of the Navy, and from among year, to be selected by competitive ex­ (c) .Men in Reserve classes NROTC, members of the Naval Reserve Officers’ amination from the United States at NACP, and aviation cadet program, are Training Corps. large. The appointments of midshipmen not eligible to enter from the enlisted (b) The 20 appointments authorized in at large are given by the President to the quotas. the above law will be made as a result sons and adopted sons of officers and en­ (d) For further information regarding of competitive examinations. These ex­ listed personnel of the Regular Army, details of enlistment and service there­ aminations will be open to candidates Navy, Marine Corps, Air Force, and Coast after, candidates should apply to the selected in accordance with paragraph Guard for the reason that officers and nearest Navy Recruiting Station. (c) of this section. The Secretary of the Navy has approved the establishing of enlisted personnel, owing to the nature of § 710.13 Vacancies. In the event their duties, are unable to establish per­ separate competing groups with a maxi­ that the quota of midshipmen authorized mum of .10 appointments being allowed manent residence and thus be in a posi­ by law to be appointed annually to the tion to secure nominations for their sons from the honor military school nominees Naval Academy from (a) enlisted men of and 10 from the Naval Reserve Officers’ from their Senators and Representatives. the United States Navy and Marine Stepsons are not eligible for these ap­ Training Corps nominees except that in Corps, (b) enlisted men of the Naval Re­ the event less than 10 qualify for ap­ pointments. Adopted sons must have serve or Marine Corps Reserve, or (c) been adopted prior to having reached the pointment from either group the quota by the President at large, is not filled, the of that group may be filled by appoint­ age of 15 years in order to be eligible. Secretary of the Navy may fill the vacan­ Applications should be addressed directly ment of excess qualified nominees from cies in such quota by appointing other the other group. to the Chief of Naval Personnel, Navy candidates, from any other of such (c) The candidates for the competi­ Department, Washington 25, D. C., and sources, who were found best qualified on should give the full name, date of birth, examination for admission into the tive examinations mentioned in para­ home address, and present address of the Academy and not otherwise appointed. graph (b) of this section will be selected candidate, the full name, grade or rate in accordance with the following: of his parent, and in case of an adopted § 710.14 Appointments from among (1) The Navy Department will obtain son evidence should be submitted as to the sons of deceased officers, soldiers, a list of “honor schools” from the De­ sailors, and marines of the World Wars date of adoption. partment of the Army each year, and and other periods, (a) Title 10, United three honor graduates as defined by the § 710.11 Appointments from the en­ States Code, § 6954, authorizes in addi­ Army Regulations may be designated listed men of the Regular Navy and the tion that there may be, at any one time, each year by the head of each such Marine Corps, (a) The law authorizes 40 midshipmen from the United States school; similar action will be taken in the 5752 RULES AND REGULATIONS case of the three honor graduates desig­ exceed the authorized strength of the (d) If the annual quota of midshipmen nated by the head of each “honor school” brigade of midshipmen, from qualified from— candidates holding alternate appoint­ (1) Enlisted men of the Regular Navy and selected by the Navy Department. The the Regular Marine Corps; candidates from these “honor schools” ments and other qualified candidates (2) Enlisted men of the Naval Reserve and whose standing indicates that they will holding competitive appointments from the Marine Corps Reserve; or be honor graduates of said schools, in the remaining sources of admission au­ (3 ) At large by the President; thorized by law recommended and found June of the year in which the examina­ is not filled, the Secretary may fill the vacan­ tion will be held will also be eligible to to be qualified by the Academic Board cies by nominating for appointment other be nominated as candidates from such of the Academy, at least two-thirds of candidates from any of these sources who schools to compete in the examination, those so appointed to be from among were found best qualified on examination but will not be considered for appoint­ qualified alternate candidates nominated for admission and not otherwise nominated. ment in case they do not fulfill the re­ by the Vice President, Members of the (e) If it is determined that, upon the quirements which would entitle them to Senate and House of Representatives of admission of a new class to the Academy, the United States, Delegates and Resi­ the number of midshipmen at the Acad­ be honor graduates at the time of their emy will be below the authorized number, graduation. dent Commissioners, the Commissioners the Secretary may fill the vacancies by (2) Three candidates may be nomi­ of the District of Columbia, and the Gov­ nominating additional midshipmen from nated each year by the president of each ernor of the Canal Zone, and not more qualified candidates designated as alternates of the educational institutions in which than one-third of those so appointed to and from other qualified candidates who a Naval Reserve Officers’ Training Corps be from among qualified candidates hold­ competed for nomination and are recom­ unit is established. Each such candidate ing competitive appointments from mended and found qualified by the Academic must be a regularly enrolled contract sources authorized by law other than Board. At least two-thirds of those nomi­ those holding such alternate appoint­ nated under this subsection shall be from student in the Naval Reserve Officers’ qualified alternates under clauses ( 2 )-( 8 ) of Training Corps and must have completed ments. This law provides that these ap­ section 6954 (a) of this title, and the re­ a minimum of 1 year’s scholastic work in pointments shall be in addition to and mainder shall be from qualified candidates that corps at the time of entrance to the not in lieu of appointments otherwise who competed for appointment under any Naval Academy. authorized by law. The only candidates other provision of law. An appointment of (3) All students nominated as candi­ eligible for consideration under this law a nominee under this subsection is an addi­ dates In accordance with subparagraphs are those who were found mentally and tional appointment and is not in place of an (1) and (2) of this paragraph must meet physically qualified for admission under appointment otherwise authorized by law. alternate or competitive nominations (f) The failure of a member of a graduat­ the requirements as to age, moral qual­ ing class to complete the course with his class ifications, etc., as set forth herein. from authorized sources in the year for does not delay the appointment of his suc­ (d) The 10 candidates in each* groupwhich they are being considered under cessor. passing the entrance examinations with the provisions of this law. Special appli­ the highest rating will, if physically qual­ cation for consideration is unnecessary (b) Nominations received from each ified, be appointed in order of their stand­ because the Academic Board at the Naval Senator, Representative, or Delegate by ing on the list. In case of failure of any Academy will automatically review and the 1st day of February will enable a of these candidates to pass physically, classify in order of merit the available candidate to register for the March the candidates passing the examination records of all candidates in this category scholastic examinations. Nominees from with a standing below that of the first 10 in each year that additional admissions the same sources received between Febru­ on each competitive list will be called for are possible. The candidate should in­ ary 1st and March 4th if too late for admission in the order of their mental sure, however, that a transcript of his March tests may be considered for the standing to fill the vacancies caused by school record including the endorsement May tests. All nominations for competi­ physical failure or rejection for any other by the school principal is available to the tive type appointments must be received reason of candidates who have qualified Academic Board. by February 1st as competitive examina­ tions will be held only in March. mentally above them on the list. § 710.18 Appointments from—Puerto § 710.16 Appointments from among Rico; the Canal Zone; the Republic of § 710.20 Residence requirement. Can­ the sons of persons who have been or shall the Philippines; and from American Re­ didates allowed for States, congressional hereafter be awarded the Congressional publics (other than the United States) districts, Territories, and the District of Medal of Honor, (a) Title 10, United and Canada. These appointments are Columbia must be actual residents of States Code, section 6954, provides that covered in Appendix II (§ 710.61). such States, congressional districts, Ter­ the President may also appoint as mid­ ritories, or District of Columbia, respec­ shipmen at the Academy sons of persons SUBPART E—NOMINATION PROCEDURES. tively, from which they are nominated. who have been awarded the Medal of § 710.19 Statutory provisions and _(10U. S. C. 6958.) Honor for acts performed while in the deadlines, (a) Title 10, United States § 710.21 Nomination of alternates. armed forces: Provided, That such ap­ Code, section 6956 reads as follows: The number of alternates that may be pointees are otherwise (i. e., under 10 (a) The Secretary of the Navy shall, as nominated for any one vacancy for U. S. C. sec. 6958) qualified for admission. soon as possible after the first of June of midshipman shall be restricted to five. (b) No recommendation or endorse­ each year, notify in writing each Senator, Alternate and principal candidates have ment from any source is necessary. All Representative, and Delegate in Congress of the same privileges with regard to taking applications for appointment or for fur­ any- vacancy that will exist at the Naval the scholastic entrance tests. In lieu ther information should be addressed to Academy because of graduation in the fol­ of a principal and five alternates, six the Chief of Naval Personnel, Navy De­ lowing year, or that may occur for other reasons, for which the member or delegate candidates may be nominated to take thè partment, Washington 25, D. C. Pull is entitled to nominate a candidate and one entrance examinations on a competitive name and date of birth of applicant or more alternates. basis, the one passing highest to receive should be given; also full name and grade (b) A nomination following notification the principal appointment. Regardless or rate of person awarded medal. under subsection (a) shall be made by the of method of qualifying mentally the § 710.17 Qualified alternates and fourth of March of the year following that number of candidates designated for any in which notice of the vacancy is given. one vacancy must be limited to six. qualified competitors. Title 10, United However, if the candidate dies or declines the States Code, section 6956, provides "that nomination, or if the nomination cannot be § 710.22 Information regarding en­ when upon determination that upon the made by reason of a vacancy in the member­ trance requirements and first year’s admission of a new class to the United ship of thè Senate or the House of Repre­ work. As soon as nominated, a copy of States Naval Academy, the total number sentatives, the nomination may be made, as these entrance regulations will be for­ of midshipmen will be less than the num­ determined by the Secretary, not later than warded direct taeach candidate in order ber authorized, the Secretary of the Navy the date of the final entrance examination for that year. that he may be fully informed regarding may within his discretion and within (c) Nomination of candidates to fill vacan­ service requirements and the mental and the capacity of the Academy nominate cies for the District of Columbia, and selec­ physical qualifications of candidates. A additional midshipmen to be admitted in tion of all candidates at large, shall be made syllabus of the first year’s work at the such class in such number to meet the by the fourth of March of the year in which Naval Academy is shown elsewhere in needs of the armed services, but not to the candidates are to enter the Academy. this pamphlet to enable each candidate Friday, July 19, 1957 FEDERAL REGISTER 5753 to spend his time profitably at his local § 710.26 Instructions and registration. from any of the purely competitive school and thus be better prepared to Each duly nominated candidate shall sources such as Presidential nominees of pursue the course at the Naval Academy register with the College Entrance Exam­ the sons of members of the regular after appointment. ination Board as promptly as possible armed services, and Coast Guard, after receiving the necessary instructions those from the regular Navy and Marine § 710.23 Competitive examinations "by from the Bureau of Naval Personnel, Corps, those from the Naval and Marine the Civil Service Commission. It is the Navy Department, Washington, D. C. Corps Reserves, those from honor mili­ policy of some Senators and Representa­ These instructions will include infor­ tary schools and Naval Reserve Officers’ tives to have the United States Civil mation as to the latest registration date Training Corps units, etc., and those who Service Commission hold special compe­ for each of the several administrations are specifically required by the Member titive examinations for the purpose of of the tests. I f it is impracticable to of Congress nominating them to take all enabling them to select their nominees. obtain from the Naval Academy an These special competitive examinations of the College Entrance Examination opinion concerning acceptance or rejec­ have no bearing upon the candidate’s Board tests required for admission to the tion of the candidate’s school record or mental qualifications for admission as Naval Academy on a competitive basis, to make a personal estimate of certificate midshipman, as the Naval Academy re­ the average of the scores received in the prospects in advance of the appropriate quirements must also be met. All of the Scholastic Aptitude Test and the achieve­ registration date, a candidate should reg­ details concerning the special competi­ ment tests in English and Intermediate ister for the complete series of tests, i. e., tive examinations are handled by the or Advanced Mathematics will be used. the Aptitude Test, and the achievement Senator or Representative concerned and Candidates who must also submit to ex­ tests in English Composition, Intermedi­ the United States Civil Service Commis­ amination in Social Studies must obtain a sion in Washington, and correspondence ate or Advanced Mathematics and So­ satisfactory score in that test, but it will cial Studies. The candidate must accept relative thereto should be addressed ac­ not be used in determining relative responsibility for this decision and any cordingly. standing in competitive lists. candidate who undertakes the full series SUBPART F— METHODS OF ADMISSION of tests, including Social Studies, will be § 710.30 Candidates failing achieve­ passed or failed on the test scores alone. ment tests. In case a candidate has § 710.24 Statutory requirement re­ failed any of the College Entrance Ex­ garding mental examinations. Title 10, § 710.27 Information on the tests. amination Board achievement tests United States Code, section 6958 (a) (2) Complete information on the tests— dates taken for purposes of qualifying for ap­ reads as follows: of administration, location of testing pointment to the Naval Academy he is Each candidate for admission to the Naval centers, dates by which applicants must disqualified for that year. I f he at­ Academy * * * shall be examined according register, method of application, sample tempts admission in a subsequent year to such regulations as the Secretary of the questions, etc.—is published in a booklet he must take the regular examinations, Navy prescribes, and if rejected at one exam­ entitled College Board Tests. This bulle­ or obtain certificate credit as follows: ination may not be examined again for ad­ tin, published annually by the College “ Credits claimed for subjects on a cer­ mission to the same class unless recom­ Board, may be obtained without charge mended by the Academic Board. tificate by a candidate who has registered by writing to: a failure in a College Entrance Exam­ (This refers to mental examinations.) The College Entrance Examination Board, ination Board achievement test taken § 710,25 Scholastic examinations. For Post Office Box 592, Princeton, N. J. for purposes of qualifying for ap­ admission in 1958 and thereafter the or pointment to the Naval Academy cannot The College Entrance Examination Board, be allowed. To overcome the certain dis­ scholastic examinations for the Naval Post Office Box 27896, Los Angeles 27, Calif. Academy will consist of the tests of the allowance of such credits the submitted College Entrance Examination Board. For the majority of candidates, the ex­ certificate must show that the subjects All competitive candidates must take the amining points are in the communities in on which he failed have been reviewed at College Board tests that are administered which they live. It is expected that few, some duly accredited school subsequent in March of the year of admission to the if any, candidates, will have to travel to such failure. Such review work must Naval Academy. Noncompetitive candi­ more than 75 miles. For young men who be done in regular school course and the dates may take either the December or take the College Entrance Examination marks assigned must meet the require­ the March administrations of tests by the Board tests after formal nomination as ments of the Academic Board.” Post­ College Entrance Examination Board. candidates for admission to the Naval graduate work in secondary school or In unusual circumstances by special per­ Academy, the costs of the tests will be college work in advanced related mission of the Naval Academy or where borne by the Department of the Navy. branches of the failed subject or subjects late nominations received between Feb­ A copy of this publication is sent to each may be offered in lieu of review work. ruary 1st and March 4th make it manda­ candidate at the time he is informed of (The Academic Board .has established tory, a noncompetitive candidate may be his nomination. It may also be available 60 clock hours of classroom work as its permitted to take the May tests. A non­ for reference in the office of the princi­ minimum for a half year’s work in sec­ competitive candidate who completed the pal, guidance counselor, or librarian of ondary school and 120 clock hours as its proper series of tests prior to being offi­ most high and preparatory schools. All minimum for a full year’s work. In re­ cially designated as a candidate for those qualifying mentally and physically, gard to college, work, the board requires admission to the Academy may designate who are entitled to appointment in order approximately 50 clock hours, or 3 semes­ that series as his Naval Academy en­ of nomination, will be notified by the ter hours of credit, for a half year’s work trance tests. In any case, the complete Bureau of Naval Personnel when to re­ and 100 clock hours, or 6 semester hours,\ series of tests, i. e., the Aptitude Test port to the Academy for appointment as for a full year’s work.) and the required achievement tests which midshipman. § 710.31 Determination of satisfac­ the candidate designates as his entrance § 710.28 Three methods of qualifying tory scores. Satisfactory scores in the tests must have been, or must be, taken mentally. There are three separate and College Entrance Examination Board on a single examination date. The Naval distinct methods of qualifying mentally tests will be determined by the Academic Academy will not accept a division of for admission to the Naval Academy: Board of the Naval Academy. No can­ tests undertaken on different dates. The (a) By College Certificate— §§ 710.36 didate shall be admitted unless in the Particular College Entrance Examination to 710.43 (applicable to noncompetitive opinion of the Academic Board, he shows Board tests which a candidate must take, candidates on ly); the requisite mental qualifications. if he is qualifying other than by the col­ (b) By High School Certificate and lege certificate method, depend upon § 710.32 Renominated candidates. Substantiating Examination— §§ 710.44 Candidates who have qualified by one whether the candidate’s nomination is to 710.53; of the three prescribed methods in a competitive o r noncompetitive and upon (c) By Regular Examination— preceding year will not be required again whether his secondary school certificate § 710.54. to qualify mentally in the event of re­ bas been accepted or will be acceptable § 710.29 Determination of the order nomination. The only exceptions to this at the close of the normal school year in of successful candidates. In determin­ rule are as stated in the following para­ May or June. (See § 710.28.) ing the order of successful candidates graph and in cases in which candidates 5754 RULES AND REGULATIONS are required to compete for appoint­ ceptable college work in the lacking sub­ the accredited status of the institution ments. ject or subjects. College credits used for under consideration, specific inquiry the purpose of making up deficiencies should be addressed to the Superintend­ § 710.33 Tests for candidates nomi­ in the secondary school certificate must, ent, United States Naval Academy, An­ nated for readmission. Former midship­ however, be in excess of the minimum napolis, Md., giving the name of the men who may be nominated for readmis­ requirements for an acceptable college institution. sion to the Naval Academy, and who certificate. were deficient in the academic work of § 710.40 Preliminary college certifi* (b) At the time of entry into the cate. A nominee who contemplates the first year of the course at the time of Naval Academy he will have satisfac­ separation, must requalify by passing the qualifying by certificate only but who torily (low or barely passing grades may has not completed the required year of College Entrance Examination Board not be considered satisfactory) com­ Scholastic Aptitude Test and achieve­ college work at the time of receipt of pleted a year’s work in the university, nomination for appointment should sub­ ment tests in English and Intermediate college, or technological school, with a or Advanced Mathematics. mit his high school record on the pre­ minimum of 24 semester hours in Eng­ scribed form and should have a prelim­ § 710.34 Time for reporting for ad­ lish, natural science, social science, or inary college certificate (Form I) mission. Candidates will be required to languages, at least 6 of which shall be submitted showing the courses contem­ enter the Academy immediately after in college English and/or history, and 6 plated or in progress and the amount passing the prescribed mental and physi­ shall be in college mathematics, selected of credit in semester hours to be assigned cal examinations, or at such times as from such subjects as college algebra, for each course. For instance, a college the Secretary of the Navy may desig­ plane trigonometry, analytical geometry, certificate submitted at the end of the nate, Normally candidates are required calculus, differential equations, etc. first semester should show the first to report for admission on the last Mon­ § 710.37 Evaluation of courses. It is semester grade for each course and day in June. Notification of the date the policy of the Naval Academy to should indicate the courses to be pur­ and hour of reporting will be issued each evaluate the courses offered in the col­ sued during the second semester and eligible candidate by the Bureau of Naval lege certificate in terms of semester the amount of credit to be assigned Personnel, Navy Department, Washing- hours. A semester hour of credit implies eventually for each. A certificate sub­ tion 25, D. C. that, in addition to outside preparation, mitted prior to the receipt of any grades § 710.35 Certificate forms, (a) Im ­ the subject has required one classroom should indicate the courses to be pur­ mediately upon its acceptance of the recitation of approximately 1 hour in sued during the full school year and the nomination of a candidate, the Bureau of length each week for a semester of not credit value of each course. Naval Personnel will send him the Naval less than 16 weeks; or one double-length § 710,41 Tentative acceptance. When Academy certificate forms and other laboratory or practical work period for review of a nominee’s secondary school pertinent papers. The high school rec­ the same length of time. In general, and college certificates discloses that the where this definition is approximated, it ord, and college record, if any, should be secondary record is acceptable and that is the policy to abide by the credit values submitted to the Naval Academy at the the college record through the first earliest practicable date on the appro­ indicated by the certifying institutions. semester or first two quarters meets re­ priate certificate forms. Certificates § 710.38 Length of college attendance. quirements as to subjects studied and should include all entries required by the The length of college attendance grades received with formal acceptance form covering work that has been com­ prescribed is defined as requiring actual dependent only upon satisfactory com­ pleted and should list subjects scheduled full-time attendance for one regular pletion of the final term’s courses, ten­ for completion in the current school school year during which the candidate tative acceptance will be reported. year with information to indicate the pursues courses constituting a normal Acceptance of the college certificate will ultimate credit value of each incom­ year load. Deficiencies not in excess of become final upon receipt of a supple­ plete or proposed course. Regardless of nine semester hours of credit may be mentary statement from the college whether or not a candidate is a high made up as the result of regular class registrar, or other authorized official school graduate or whether or not he work in extension classes of fully accred­ attesting satisfactory standing in studies wishes to qualify by one or the other of ited colleges and universities provided and conduct during the final term. the certificate methods, he should have such work is in excess of the normal year his school records submitted. of college work. Extension classes are § 710.42 Special requirements. If ah (b) No assurance can be given that defined as classes which meet beyond informal opinion is rendered which certificate action can be reported to a regular day school hours. Under no cir­ involves modification of the nominee’s candidate prior to the entrance examina­ cumstances will credit be allowed for schedules of courses, or if the qual­ tion date unless his certificate or certifi­ correspondence or tutoring work or for ity of his work is such that special ad­ cates are received at the Naval Academy a ^subject for which credit has been ditional requirements must be imposed, on or before February 10. established as the result of an examina­ it will be the responsibility of the nomi­ ADMISSION BASED ON COlLEGE CERTIFICATE tion alone. nee to decide which of the College Entrance Examination Board tests he § 710.36 Requirements for admission § 710.39 Accredited schools and col­ should take for purposes of completing based on college certificate. The Aca­ leges. The Naval Academy does not his scholastic qualification for admission. demic Board will consider and may ad­ maintain a restricted list of accredited The decision of the nominee should de­ mit without mental examination a can­ colleges, universities, and technological pend upon his ability to effect such didate who presents a properly attested schools. It accredits, for certification changes as may be necessary in his certificate (Form I) that he is or has been purposes, any of the standard colleges, courses or, as the case may be, upon his a regularly enrolled student in good universities, technological schools of col­ own estimate of his ability to meet such standing without condition in a uni­ legiate rank and 2-year junior colleges other specific requirements as may have versity, college, or technological school that are fully and unqualifiedly accred­ been imposed. accredited by the United States Naval ited by the various State boards of edu­ Academy: Provided, That: cation which prescribe collegiate stand­ § 710.43 Completion of record essen­ (a) He submits also a properly at­ ards in their respective States, or by any tial. I f the supplementary statement tested certificate (Form I I ) that he has of the recognized accrediting agencies cannot be mailed to the Naval Academy been graduated from an accredited sec­ such as the New England Association of by June 25 and if the nominee receives ondary school, indicating that he has Colleges and Secondary Schools, the As­ from the Chief of Naval Personel an shown proficiency in 7 units of certain sociation of Colleges and Secondary authorization to report at the Naval required subjects and in at least 8 units Schools of the Middle States and Mary­ Academy for admission before it is of optional subjects. These subjects are land, the Association of Colleges and Sec­ mailed, he must bring it with him and listed in § 710.51. I f some of the neces­ ondary Schools of the Southern States, present it when he reports. It is the sary 15 units (mentioned above) are the North Central Association of Col­ specific responsibility of each nominee to lacking from the candidate’s secondary leges and Secondary Schools, and the insure compliance with this limiting date, school record, the deficiency may be Northwest Association of Secondary and and failure to do so can conceivably re­ made up by showing completion of ac­ Higher Schools. In case of doubt as to sult in cancellation of the nomination. A Friday, July 19, 1957 FEDERAL REGISTER 5755 nominee who is an alternate has no ready set for the graduation of a class of which certificate will influence the academic means of knowing when he may become the applicant is a member. board in its future consideration of cer­ eligible for admission and should not be (c) When the credits submitted havetificates submitted by the schools or deterred from taking every possible step been obtained in more than one second­ colleges from which these midshipmen to insure submission of essential, certifi­ ary school, it is advisable to have the come. Final decision as to the accept­ cate papers. An incomplete record when credits and marks obtained at the pre­ ance or rejection of any certificate rests a nominee becomes eligible for call can vious school reported to the later school with the academic board. A certificate result in the conclusion that the individ­ for incorporation in the final certificate. will not be formally considered unless ual has abandoned his candidacy. The I f this is impracticable, the candidate submitted on one of the above-noted nominee is encouraged to submit will be permitted to forward certificates forms, except that official college tran­ certificates prior to completion of the from each institution to be judged script forms may be used for record of first term of the school year immediately together. academic work when attached to our preceding entrance to the Naval Acad­ Form I certificate. All work essential § 710.46 Responsibility of school au­ to the acceptance of the certificate or emy. An early review of the record of thorities. The Secondary school certify­ completed work and of courses proposed certificates must have been completed ing a candidate stands sponsor for. his by the end of the regular school year for completion may reveal defects which success under conditions explained on can be offset by slight changes in the in order to establish eligibility for ad­ the official Form II certificate, and it is mission to the Naval Academy in that final semester schedule. As previously expected that the responsible school au­ stated, the certificate action reports year. Summer school work will not be thority will recommond only those can­ accepted for entry in the year in which issued by the Naval Academy state clearly didates, who, in his or her opinion, have such ensuing steps on the candidate’s it is completed. High school and col­ scholastic background needed to pursue lege certificates should be submitted to part as may be necessary to complete his successfully a difficult college course in case. When in doubt, however, com­ the Superintendent of the Naval Acad­ which the emphasis is placed principally emy as early as practicable, and not munications addressed to the Superin-, on engineering subjects; and who have tendent, United States Naval Academy, later than June 25 for the class entering those qualities of character necessary that year (see §710.49). As soon as Annapolis, Md., will be answered as for success in an institution where train­ promptly as possible. nominated each candidate will receive ing for effective leadership is of para­ copies of the certificate forms from the ADMISSION BASED ON HIGH SCHOOL CERTIFI­ mount importance. Bureau of Naval Personnel. For addi­ CATE AND SUBSTANTIATING EXAMINATION §710.47 Description of unit of ad­ tional forms, address the Bureau of § 710.44 Requirements for admission mission requirements. In order to facil­ Naval Personnel, Navy Department, "based on high school certificate and sub­ itate the comparison of credits submitted Washington 25, D. C. stantiating examination, (a) The Aca­ by various institutions in fulfillment § 710.49 Certificate covering uncom­ demic Board will consider and may admit of admission requirements with one pleted high school work, (a) Certificate a candidate provided that: another, the academic board has given or certificates covering high school work (1) He submits a properly attested its approval to the following statement still uncompleted will be reviewed in­ certificate (Form I I ) that he has been fbrmulated by the National Conference formally and the nominee will be fur­ graduated from an accredited secondary Committee on Standards of Colleges nished a report of the academic board’s school, indicating that he has shown pro­ and Secondary Schools descriptive of a action in his case. This report will ficiency in 7 units of certain required unit of admission requirements: “ A unit indicate clearly necessary further steps, subjects and in at least 8 units of op­ represents a year’s study in any sub­ if any, on his part to complete his cer­ tional subjects. These subjects are listed ject in a secondary school, constituting tificate papers. I f certificates are fully in a following table. However, if some approximately a quarter of a full year’s acceptable and require no further evi­ of the necessary 15 units (mentioned work. A 4-year secondary school cur­ dence of school work, no other action on above) are lacking from the candidate’s riculum should be regarded as repre­ his part will be necessary with regard secondary school record, the deficiency senting not more than 16 units of to school records and he will be so may be made up by transferring credits work.” This statement is designed to informed. assigned for acceptable college work in afford a standard of measurement for (b) A certificate submitted for a nomi­ the lacking subject or subjects to the the work done in secondary schools. nee who has additional subjects in course secondary school record. It takes the 4-year high-school course for which final marks have not been (b) The above-mentioned certificate is as a basis and assumes that the length assigned should indicate clearly the sub­ accepted by the Academic Board as evi­ of the school year is from 36 to 40 jects that are still being pursued to­ dence that the candidate can pursue suc­ weeks, that a period is from 40 to 60 gether with an average of the marks cessfully the course at the Naval minutes in length, and that the study is assigned in each subject in course at the Academy. pursued for 4 or 5 periods a week; but time of the submission of the certificate. under ordinary circumstances a satisfac­ (3) This evidence Is further substan­ (c) If an informal opinion is rendered tory year’s work in any subject cannot tiated by the candidate's attainment of which involves modification of his sched­ be accomplished in less than one hun­ acceptable scores on the College Entrance ule of courses or if the quality of his dred and twenty 60-minute periods or Examination Board Scholastic Aptitude work is such that special additional re­ Test, and achievement tests in English their equivalent. Schools organized on any other than a 4-year basis can, never­ quirements must be imposed, it will be Composition and Intermediate or Ad­ the nominee’s responsibility to decide theless, estimate their work in terms of vanced Mathematics. whether to take the full regular entrance this unit. Not more than IV2 units of (b) Candidates whose certificates are examination. The nominee’s decision, credit can be allowed for work done in rejected because of low grades or who for naturally, should depend upon his ability fully accredited night high schools or reasons mentioned below cannot satisfy to effect such changes as may be neces­ in fully accredited schools of comparable the requirements in a secondary school sary in his courses or, as the case may character where the classes meet other certificate have the right to demonstrate be, upon his own estimate of his ability than in regular day school hours. No their qualifications by taking and scoring to meet such other specific requirements acceptably in the Regular Examination. credit will be allowed in a certificate, or as evidence of review to offset low grades as may have been imposed. § 710.45 Low grades, irregular date or a failure on the entrance examina­ (d) When review of the secondary end other special circumstances, (a) tions for work done in correspondence school record reveals that subjects If the certificate (Form n ) sub­ courses, under a tutor, or in nonaccred- studied and grades received fulfill re­ mitted shows evidence of low grades, or ited schools. quirements and that formal acceptance of grades below the standards of accept­ of the certificate i« dependent only upon ance set by higher institutions to which § 710.48 Decision as to acceptance or successful completion of courses in prog­ rejection of a certificate. The accept­ ress in the final semester, tentative ac­ the certifying school is accredited, the ance or rejection of a certificate will ceptance will be reported. In such case, certificate will be rejected. depend on the evidence it shows as to acceptance of the certificate will become (b) A certificate showing graduation at the thorough completion of the work final upon receipt of a supplementary an irregular date will be rejected; that submitted. The records made in the statement from the school attesting is, at a date other than the regular date Academy by midshipmen admitted by satisfactory standing in studies and con- 5756 RULES AND REGULATIONS duct during the final semester. The (e) Such other standard subjects as statement must also include indication Maxi­ are included in the usual high-school or Desig­ mum of eligibility for graduation and the nation units college courses under the general divi­ secondary school diploma unless evi­ allowed sions of language, mathematics, philoso­ dence of graduation was presented phy, science, economics, and law will be previously. Group 11—Mathematics (three units allowed. Subjects such as penmanship» requited of which at least two must be (e) I f the supplementary statement algebra and one plane geometry: units stenography, typewriting, bookkeeping, cannot be mailed tp the Naval Academy in excess of three count as optional. Bible, free-hand drawing, music, drill, by June 25 and if the nominee receives Three semesters of algebra will be ac­ ceptable'for the algebra requirement if agriculture, teacher training, and stu­ from the Chief of Naval Personnel his the school certifies that the candidate has dent activities will not be allowed. authorization to report at the Naval covered satisfactorily the material listed Academy for admission before it is under mathematics A1 and A t as de­ § 710.52 Definition of unit. The def­ scribed in a following paragraph in inition of unit and of the ground covered mailed, he must bring it with him and this pamphlet. In such a case two present it upon reporting. units of algebra will be allowed toward by the designated subjects is given in certification.) § 710.47. Credits must correspond to the § 710.50 Submission of essential cer­ Algebra to quadratics______A l 1 unit values of the respective subjects. tificate pavers in time, (a) It is' the Algebra, quadratics and beyond A2 1 Greater credit than indicated will not be Algebra) advanced.... . ’ B V* specific responsibility of each nominee c 1 allowed; less credit will be understood as to insure compliance with this limiting Solid geometry ...... D y evidence that the entire subject has not date, and failure to do so can conceivably Plane trigonometry. _ . . E Va Higher mathematics______been completed. result in cancellation of the nomina­ tion. A nominee who-is an alternate has Group I II —History (one unit of United § 710.53 Admission by certificate States history required: other units methods—a privilege. Admission by no ready means of knowing when he count as optional) _ may become eligible for admission and either of the certificate methods is a priv­ ilege which the Academic Board may ac­ should not be deterred from taking every History, ancient.______A i B 1 cord to those whom it considers, on the possible step to insure submission of History) English______1 c basis of school records presented, to be essential certificate papers. An incom­ History) United States______D 1 E 1 plete record when a nominee becomes worthy of the exemptions allowed and to F 1 be capable of pursuing successfully the eligible for call can result in the con­ Group IV —Sciences, drawing, and Naval Academy course. clusion that the individual has aban­ languages (all units count as optional. doned his candidacy. A candidate who does not present ac­ ADMISSION BY REGULAR EXAMINATION ceptable school or college credit in (b) The nominee is encouraged to physics or chemistry will be required § 710.54 Regular examination. A can­ submit certificates prior to completion of to demonstrate by performance in the didate who cannot qualify under either the first term of the school year imme­ Aptitude Test his capacity to pursue studies along engineering and scientific of the methods described in §§ 710.36 to diately preceding entrance to the Naval lines) 710.43 and §§ 710.44 to 710.53, that is, who Academy. An early review of the record Physics (recitation, laboratory), first cannot submit an acceptable certificate of completed work and of courses pro­ I i as required by one of those methods, can posed for completion may reveal defects Physics (recitation, laboratory), sec- II 1 qualify mentally for admission to the Na­ which can be offset by slight changes in Chemistry (recitation, laboratory) val Academy by scoring acceptably in the the final semester schedule. I i Chemistry (recitation, laboratory), College Entrance Examination Board (c) As previously stated, the certifi­ II i Scholastic Aptitude Test and achieve­ cate action reports issued by the Naval I i General Science (recitation,' labora- ment tests in English Composition, Inter­ Academy state clearly such ensuing steps I i mediate or Advanced Mathematics and on the nominee’s part as may be neces­ I i Social Studies. An unacceptable score sary to complete his case. When in I i Mechanical drawing) second year____ II i in any one of these tests will be sufficient doubt, however, communications ad­ I i to cause rejection of the candidate. dressed to the Superintendent, United II i III i States Naval Academy, Annapolis, Mary­ I 1 SUBPART G— PHYSICAL REQUIREMENTS land, will be answered as promptly as II i III i § 710.55 Physical standards. All can­ possible. I i didates for the Naval Academy must II i meet the physical standards established § 710.51 List of secondary school sub­ III i jects which can be used for certification I i by the Secretary of the Navy. These The list of subjects and of II i standards are outlined in detail in Ap­ (.Form II). III i the corresponding weights in units is as I i pendix IV (§ 710.63). follows: II i Latin) third year....__.... ______III i § 710.56 Three categories o f physical (a) Required subjects______7 IV i examinations. Physical examinations Optional subjects______~_____ 8 Group V—Miscellaneous (all units are divided into three categories: (a) count as optional) Preliminary physical examination; (b) Total units needed for an formal physical examination; and (c) acceptable certificate. _ 15 Physical geography (recitation, labo- i physical reexamination. Each of these i Candidates are not admitted on condi­ i is discussed in §§ 710.57 to 710.59 under tion. i the appropriate heading. Astronomy______i (b) Required and optional subjects: i § 710.57 Preliminary physical exami­ Every certificate must show evidence of i i nation. (a) The Departments of the proficiency in seven units of required i Navy, Army and Air Force have made subjects and at least eight units of i i available, to all candidates for the Naval optional subjects chosen from the i Academy facilities where a careful pre­ following: Vs *A liminary physical examination can be A obtained at no expense to the candidate Maxi­ Desig­ mum other than the cost of such travel and nation units xA subsistence as may be necessary. The allowed A b preliminary physical examinations are f t conducted by medical specialists under Group I —English (maximum of three y units allowed and required) g conditions approximating as closely as A possible those of the formal physical ex­ English T ____ - - __ ... I l II l aminations given by the medical ex­ English ITI______III amining boards authorized to conduct English IV — ______IV formal examinations. Friday, July 19, 1957. FEDERAL REGISTER 5757

(b) The preliminary examinations are the formal physical examination. The nated by the Attorney General of the authorized primarily for the convenience Physical Aptitude Examination will con­ United States to be totalitarian, fascist, of candidates and prospective candidates. sist of a series of tests, such as leg lifts, communist or subversive, or as having »They serve to reveal obviously disquali­ sit-ups, pull-ups, push-ups, Burpee, squat adopted a policy of advocating or ap­ fying defects which may preclude admis­ jump, duck walk, arm dip, broad jump, proving the commission of acts of force sion as midshipman. While failure to and arm hang. The results of these tests or violence to deny persons their rights meet the established physical standards will indicate strength of arms, legs, and under the Constitution of the United may cause rejection on the preliminary the torso, and the ability to coordinate all States, or as seeking to alter the form of physical examination, the Medical Ex­ body parts. Also included in this battery government of the United States by un­ aminer should not discourage correction of tests will be movements which will constitutional means. of defects when they are generally con­ bring out disqualifying orthopedic de­ (3) The admission of conduct or asso­ sidered amenable to treatment. Candi­ fects such as shoulder and knee mal­ ciation, past or present, within the pur­ dates are urged to avail themselves of functions. Failure to obtain a passing view of acts as defined in the certificate, this opportunity and thus spare them­ grade in this examination will be cause or association with any of the groups selves the needless expense and disap­ for rejection. or organizations designated by the pointment which may result from the (c) When reporting for the formal Attorney General, shall preclude ap­ late discovery of disqualifying defects. physical examination, it is recommended pointment pending investigation and (c) Where considered desirable for ob­ that each candidate have with him an determination of eligibility by the De­ viously well motivated candidates, the athletic supporter and shorts suitable for partment of the Navy. Medical Examiner should bring to the use when undergoing the required phys­ (4) False representation, or failure attention of the candidate the provisions ical exercises. fully to disclose conduct or associations for waiver of minor physical defects out­ (d) Installations conducting formal defined in the certificate shall constitute lined in paragraph (a) (3) of Appendix physical examinations for the U. S. grounds for trial before a general court- IV (§ 710.63 (a) (3 )). Naval Academy are listed in Appendix martial with possible consequent convic­ (d) Preliminary physical examinations V I (§ 710.65). tion and imprisonment, or for separation from the naval service under conditions are conducted at any of the places listed § 710.59 Physical reexamination. in Appendix V (§ 710.64) and will be other than honorable, with or without Candidates rejected by a medical exam­ given to any candidate who presents an any preceding court-martial procedure. ining board because of „defects which authorization from the Chief of Naval (d) Oaths. (1) each candidate for can be corrected promptly, or who desire Personnel, or from a member of Con­ midshipman upon entrance will be re­ reexamination for other reasons, may be gress, or who is a son or dependent rela­ quired to take oath of office as follows: given a reexamination by the Board of tive of a member of the Armed Forces Medical Review at the United States I, ______, of the State and presents a request signed by the Naval Acadamy, Annapolis, Md., upon o f ------a g e d ______y e a r s ____ _ member concerned. It is advisable to months, having been appointed a midship­ authorization by the Chief of Naval Per­ communicate with the activity selected man in the United States Navy, do solemnly sonnel. Candidates desiring to avail for physical examination to arrange an swear (or affirm) that I will support and themselves of this privilege must make appointment. defend the Constitution of the United States written request to the Chief of Naval against all enemies, foreign and domestic; (e) The report of the preliminary Personnel by June 1. The physical re­ that I will bear true faith and allegiance to physical examination of a candidate, the same; that I take this obligation freely, whether a civilian or a member of the examinations will be conducted late in June. The cost of travel to and from without any mental reservation or purpose Armed Forces, shall be submitted on of evasion; and that I will well and faith­ Annapolis, and subsistence, must be Standard Form 88 (Report of Medical fully discharge the duties of the office on borne by the candidate. Those who are Examination) in triplicate, and on which I am about to enter; So Help Me God. found qualified by the Board of Medical Standard Form 89 (Report of Medical (2) He will also be required to sub­ History) in the candidate’s own hand­ Review and who are otherwise eligible for appointment may remain at Annapolis scribe to the following under oath : writing. The report of physical exami­ nation shall be distributed as follows: A for the brief period prior to actual ad­ For and in consideration of the privileges, copy to the congressman, parent or mission as midshipman. See paragraph opportunities, and benefits afforded me dur­ (a) (3) of Appendix IV (§710.63 (a) ing the continuance of my service as a mid­ guardian who requested the examina­ shipman, I agree to and with the Superin­ tion; a copy to the Chief of Naval Per­ (3 )) for procedure to request waiver of minor physical defects. tendent of the United States Naval Academy, sonnel (Naval Academy Midshipman as follows: Branch), Navy Department, Washington SUBPART H— APPENDIXES TO REGULATIONS First: To enter the service of the Navy of 25, D. C., and the original Standard Form GOVERNING THE ADMISSION OF CANDI­ the United States and to the utmost of my 88 with Standard Form 89 to the Chief, DATES INTO THE NAVAL ACADEMY AS power and ability to be in everything con­ Bureau of Medicine and Surgery, Navy MIDSHIPMEN formable and obedient to the several require­ ments and lawful commands of the officers Department, Washington 25, D. C. § 710.60 Appendix I—Entrance pro­ who may be placed over me. § 710.58 Formal physical examination. cedure, equipment and pay— (a) General. Second: I oblige myself, during such serv­ (a) Each candidate who receives an Candidates for whom there are vacan­ ice, to comply with and be subject to the official notification from the Bureau of cies, who have subscribed the “Engage­ Uniform Code of Military Justice and such Naval Personnel, Navy Department, ment to Serve” and who have met the other laws and regulations as are or shall be mental, moral, and physical require­ established by the Congress of the United Washington 25, D. C., authorizing him to States or other competent authority. report for formal physical examination ments will receive appointments as mid­ Third : To submit to treatment for the pre­ must bear all expenses for travel and shipmen and be admitted as such to the vention of smallpox, typhoid (typhoid pro­ subsistence incident to this examination. Naval Academy. phylaxis), and to such other preventive The formal physical examinations will be (b) Age. Each candidate will be re­ measures as may be considered necessary by conducted usually during the period from quired to certify on honor his exact age. naval authorities. May i to May 10 each year and every (c) Loyalty certificate. In keeping (e) Course of instruction. All mid­ eligible candidate will be notified with the policy of the Department of shipmen at the Naval Academy take the by the Bureau of Naval Personnel when Defense and as directed by the Secretary same course of instruction except in For­ and where to report for the examination. of the Navy, candidates for appointment eign Languages. The course is of 4 years’ Normally, it will require only 1 day. In as midshipman are required to execute duration and is designed for the purpose a loyalty certificate. case of urgent necessity for change in the of training students to become officers in Place or date of examination, within the (1) The purpose of this certificate is 10-day period, written or telegraphic re­ to aid in determining whether the candi­ the Navy. The word “ officers” as used in quest should be addressed to the Bureau date’s conduct or associations, past or the foregoing sentence means officers of Naval Personnel, address as above, present, have been such as to cast any the line and does not include officers of (b) in order to determine coordina­ doubt whatever upon his loyalty to the the Medical Corps, Dental Corps, etc. tion, strength, and endurance of the body Government of the United States. No special courses are offered. No mid­ musculature, a physical aptitude exami­ (2) The'loyalty certificate includes a shipman, regardless of his special quali­ nation will be given in conjunction with list of those agencies, groups, etc., desig­ fications or advanced education, can be No. 139------1 5758 RULES AND REGULATIONS

given advanced standing upon his admis­ mented by an entrance credit of $600 (m ) Evidence of "birth. Candidates sion to the Naval Academy and no one is upon first admission to the Naval Acad­ admitted" as midshipmen will be required admitted or readmitted to other than the emy. The $600 credit is a loan advanced to submit to the Superintendent, U. S. fourth (freshman) class. However, ad­ by the Government to be subsequently Naval Academy, for transmission to the vanced education should be beneficial in repaid by deductions from the midship­ Bureau of Naval Personnel upon admis­ that it should enable a midshipman to man’s pay. Thus the sum of $700 is sion, or as soon as practicable thereafter, stand near the top of his class. His rel­ available toward defraying the cost of evidence of birth. A certified copy of thé ative standing in his class upon gradua­ the uniforms and equipment essential public record of birth is the best evi­ tion has an important bearing on pro­ during the firstfyear. Repayment of the dence of birth. Supporting evidence motions after being commissioned an indebtedness is accomplished by monthly will be required if the name on the evi­ officer in the Navy. Readmitted mid­ deductions of $20 from the midshipman’s dence of birth is not identical with the shipmen who previously completed suc­ pay, beginning in October of the second name being used. cessfully one or more years of the Naval year at the Naval Academy and con­ (n) Social Security card. Every can­ Academy course, may request advance­ tinuing until the indebtedness is liqui­ didate on reporting for appointment ment to a higher class after re-entry. dated. Any midshipman desiring to do must present his Social Security card. If There can be no deviation from the stat­ so may repay this $600 entrance credit an individual has not obtained a social utory age limits contained in § 710.5. from personal funds immediately after security number as a result of work ex­ (f) Commissions. Graduates of the appointment as midshipman. This sum perience prior to entering, he should ob­ Naval Academy who at graduation meet is not required and only that portion of tain one based on the strength of ex­ all requirements are commissioned as en­ it that is not expended is recoverable pected employment as a midshipman. signs in the Navy and from each graduat­ should a midshipman subsequently be (o) Statement of Personal History. ing class a limited number may be com­ separated. Midshipmen who are invol­ Each midshipman, except Foreign Na­ missioned as second lieutenants i£ the untarily separated from the Naval Acad­ tionals, shortly after entrance, will be Marine Corps and in the United States emy prior to repayment of the entrance required to complete a Statement of Per­ Air Force. Their commissions may be credit, are required to turn in all articles sonal History. Candidates should be revoked at any time during the first 3 of uniform and equipment deemed suit­ prepared to furnish such information as: years following graduation from the able for reissue, to an amount sufficient (1) Names and locations of all schools Naval Academy. On successful comple­ to liquidate the indebtedness. I f re­ attended. tion of the probationary period, officers' claimed articles are insufficient to cover (2) Family names, dates and places of are permanently commissioned. Officers the indebtedness, the remainder of the birth of parents, service data if parents whose commissions are revoked shall be debt is canceled. Midshipmen apply­ are or were in Armed Forces, naturaliza­ discharged from the service, without ad­ ing for voluntary separation for their tion numbers of parents if applicable. vance pay or allowances. own convenience are required to repay (3) Relatives in Foreign Countries— (g) Pay. The pay of the Midshipman in full the amount of indebtedness prior relationship and location. is $1,333.80 a year, commencing at the to such separation. (4) Names and addresses of former date of his admission. Its purpose is to (k) Allowances. Upon being admitted employers. permit him to pay all of his expenses; to the Naval Academy, midshipmen re­ (5) Names and addresses of three i. e., uniforms, books, equipment, laun­ ceive the travel and transportation al­ credit and five personal references. dry, income tax, etc., while at the Naval lowances prescribed in paragraph 5001, (Credit references may be those of Academy. Joint Travel Regulations. A mileage al­ parents.) (h) Regulation entrance outfit. Mid­ lowance of 6 cents per mile is payable for (6) Residences during past fifteen shipmen, immediately upon entrance, all authorized travel within the United years. (Dates— street addresses—cities will be required to purchase from the States. A monetary allowance of 5 cents required.) midshipmen’s storekeeper a regulation per mile is payable for all authorized entrance outfit. Slide rules and draw­ land travel outside the United States. In § 710.61 Appendix I I — Appointments ing sets are furnished as part of the out­ addition, reimbursement will be made for from without the United States—(a) One fit. Candidates are advised, therefore, the actual cost of passage fares on com­ Appointments from. Puerto Rico. not to purchase these items prior to en­ mercial vessels if sea travel is involved midshipman is allowed from Puerto tering the Academy. and provided no Government transpor­ Rico, who must be a native of that (i) Deposit. Each candidate who has tation is available. In the event travel island. The appointment is made by the qualified mentally and physically must, originates outside the United States, President, on the recommendation of the Governor of Puerto Rico. At pres­ before being admitted as a midshipman, candidates must contact the nearest deposit with the midshipmen’s store­ naval activity for information as to the ent, five midshipmen are also allowed keeper the sum of $100, to be used in part availability of Government transporta­ from Puerto Rico, appointed on the nom­ payment to cover cost of uniforms, cloth­ tion before endeavoring to procure com­ ination of the Resident Commissioner. (b) Appointments from Canal Zone. ing, textbooks, etc. The amount depos­ mercial transportation. The money to ited is not refunded, but is expended for which entitled is paid after the candi­ Title 10, United States Code, section clothing and textbooks, which become dates have become midshipmen. 6954 provides that there shall be at the the property of the midshipman. This (l) Reporting date. Candidates are United States Naval Academy one mid­ deposit should be made in the form of usually sworn in as midshipmen on the shipman to be selected from among the cash, cashier’s check, certified check, day they are accepted for admission, L e., sons of civilians residing in the Canal traveler’s check, or postal or telegraph the date of reporting at the Naval Acad­ Zone and the sons of civilian employees money order and must not be made pay­ emy as designated in the authorization of the United states Government and the able to the order of the Superintendent Panama Canal Company residing in the to report issued by the Bureau of Naval Republic of Panama, whose appointment of the United States Naval Academy but Personnel. Due to limited living ac­ shall be made by the Secretary of the should be made payable to the candi­ commodations in the city of Annapolis Navy on the recommendation of the date’s own order and presented to the candidates are urged to time their ar­ midshipmen’s storekeeper at the Naval rival at Annapolis to coincide as closely Governor of the Canal Zone. Academy at the time of entrance. Com­ as possible with the reporting date, (c) Appointments from the Republic of the Philippines. (1) Title 10, United mercial paper made payable in any other keeping in mind, however, that trans­ States Code, section 6957 provides that form causes needless delay and incon­ portation facilities between Washington the Secretary of the Navy is authorized venience. and Baltimore and Annapolis are not to permit, for the President of the United (j) Fiscal provisions. The required unlimited. Those arriving in Annapolis States, not exceeding four Filipinos at regulation entrance outfit, plus the ad­ a day or two prior to actual reporting & time to receive instruction at the ditional uniforms, clothing, and text­ date may take advantage of berthing and United States Naval Academy at An­ books required the first year, are valued messing facilities made available in Ban­ napolis, Md. The Filipinos receiving at approximately $1,000. Candidates are croft Hall, the midshipmen’s dormitory. instruction under authority of this law required to deposit a minimum of*$100 The cost for bed and meals per day is shall receive the same pay, allowances, as a prerequisite to appointment as mid­ equal to the cost of a midshipman’s daily and emoluments, to be paid from the shipman. This $100 deposit is supple- ration allowance. same appropriations, and, subject to such Friday, July 19, 1957 FEDERAL REGISTER 5759 exceptions as may be determined by the submit a certificate from his Government by a board of medical examiners desig­ Secretary of the Navy, shall be subject that he is conversant with the literature nated by the Chief of Naval Personnel. to the same rules and regulations gov­ and history of his native country and that The formal physical examination of can­ erning admission, attendance, discipline, he has: didates from other American Republics resignation, discharge, dismissal, and (i) In literature, completed a course inand the Dominion of Canada will be con­ graduation, as midshipmen at the Naval the literature of his native language ducted by the Permanent Medical Ex­ Academy appointed from the United equivalent in general to 2 years of second­ amining Board at the United States States; but such persons shall not be ary school work in literature in the Naval Academy at the time of reporting entitled to appointment to any office or United States. for admission. Such candidates are position in the United States Navy by (if) In history, completed a course in therefore urged to undergo careful pre­ reason of their graduation from the the history of his native country equiva­ liminary examination by qualified medi­ Naval Academy. Applicants for ap­ lent in general to a 1-year history course cal personnel informed of the physical pointment under provisions of this law in the secondary schools of the United requirements set forth elsewhere in this must be addressed through diplomatic States. part before leaving their homes for channels of the applicant’s country. (3) In lieu of these two certifications, the Naval Academy. Those with obvi­ Nominations must reach the State De­ a candidate from the Republic of the ously disqualifying defects may be spared partment in Washington, D. C., by Philippines may produce evidence of hav­ the needless expense of the trip to An­ January 1. ing acquired the units for literature. napolis; However, in case of reasonable (2) The following regulations are and/or United States history from ac­ doubt as to whether defects are disquali­ established for candidates from the credited schools of the United States or fying it is recommended that telegraphic Republic of the Philippines: of the Republic of the Philippines. inquiry be addressed to the Superintend­ (i). Each such candidate must: ( 4) See §§710.25 to 710.27 for the ent, United States Naval Academy, An­ (a) Be an unmarried, bona fide male sources of information as to time, place, napolis, Md., U. S. A. citizen of the Republic of the Philip­ etc., of College Entrance Examination (c) Be proficient in reading, writing, pines, and, unless otherwise approved by Board tests. and speaking idiomatic English and meet the Secretary of the Navy, be not less (d) Appointments from American Re­the following scholastic entrance re­ than 17 years of age nor more than 22 publics (other than the United States) quirements: years of age on July 1 of the calendar and Canada. (1) Title 10, United States ( I ) Candidates may qualify for ad­ year in which he enters the Naval Code, section 6957 provides that the Sec­ mission by either of the following two Academy. retary of the Navy is authorized to per­ methods: (b) Possess physical qualifications as mit, upon designation of the President (1) Certificates from accredited sec­ specified in this part. All candidates of the United States, not exceeding 20 ondary schools and colleges of the United must undergo a physical examination persons at a time from the American States of America. See §§ 710.36 to and a physical aptitude examination Republics (other than the United States) 710.53. by a board of medical examiners desig­ and Canada to receive instruction at the (it). Taking the College Entrance Ex­ nated by the Chief of Naval Personnel, United States Naval Academy at An­ amination Board Scholastic Aptitude The formal physical examination of can­ napolis, Md. Not more than three per­ Test and achievement tests in English didates from the Republic of the Philip­ sons from any one of such Republics, or Composition and Intermediate or Ad­ pines will be conducted by the Perma­ Canada, shall receive instruction under vanced Mathematics. nent Medical Examining Board at the authority of this law at the same time. (2) Candidates from the American United States Naval Academy at the The persons receiving instructions under Republics will be given the same exam­ time of reporting for admission. Such authority' of this law shall receive the ination in English Composition as other candidates are therefore urged to un­ same pay, allowances, and emoluments, candidates, but due consideration will dergo careful preliminary examination to be paid from the same appropriations, be accorded these foreign students when by qualified medical personnel informed and, subject to such exemptions as may evaluating test results. These candi­ of the physical requirements set forth be determined by the Secretary of the dates will not be given the examination elsewhere in this part before leaving Navy, shall be subject to the same rules in Social Studies. Each candidate shall their homes for the Naval Academy. and regulations governing admission, submit a certificate from his Government Those with obviously disqualifying de­ attendance, discipline, resignation, dis­ that he is conversant with the literature fects may be spared the needless expense charge, dismissal, and graduation as and history of his native country and of the trip to Annapolis. However, in midshipmen at the Naval Academy ap­ that he has: case of reasonable doubt as to whether pointed from the United States; but such W In literature, completed a course in defects are disqualifying, it is recom­ persons shall not be entitled to appoint­ the literature of his native language mended that telegraphic inquiry be ment to any office or position in the equivalent in general to 2 years of sec­ addressed to the Superintendent, U. S. United States Navy by reason of their ondary school work in literature in the Naval Academy, Annapolis, Md., U. S. A. graduation from the Naval Academy. United States. (c) Be proficient in reading, writing, Application for appointment under the (ii) In history, completed a course in and speaking idiomatic English and meet provisions of this law must be addressed the history of his native country equiva­ the following scholastic entrance re­ through the appropriate diplomatic lent in general to a 1-year history course quirements : ■channels of the applicant’s country. in the secondary schools of the United (1) Candidates may qualify for admis­Nominations must reach the State De­ States. sion by either of the following two meth­ partment in Washington, D. C., by Jan­ (3) In lieu of these two certifications, a ods: uary 1. candidate «from an American Republic (1) Certificates from accredited sec­ (2) The following regulations are es­may produce evidence of having acquired ondary schools and colleges of the United tablished for candidates from American the units for literature and/or United States of America. See §§ 710.36 to Republics (other than the United States) States history from accredited schools of 710.53. and Canada: the United States. _ <«) Taking the College Entrance Ex­ (i) Each candidate must: (4) Candidates from Canada will not be amination Board Scholastic Aptitude (a) Be an unmarried, bona fide maleexamined in Social Studies but must Test and achievement tests in English citizen of the country transmitting the meet the same requirements in English Composition and Intermediate or Ad­ request, and, unless otherwise approved as a citizen of the United States. In lieu vanced Mathematics. by the Secretary of the Navy, be not of the examination in Social Studies, a (2) Candidates from the Republic of less than 17 years of age nor more than candidate from Canada will be required 22 years of age on July 1 of the calendar the Philippines will be given the same to submit a certificate of equivalent study examination in English Composition as year in which he enters the Naval (a 1-year secondary school course) of the other candidates, but due consideration Academy. will be accorded these foreign students (5) Possess physical qualifications history of Canada, or produce evidence When evaluating test results. These can­ as specified in this pamphlet. All candi­ of having acquired the unit for United didates will not be given the examination dates must undergo a physical examina­ States history from accredited schools of ih Social Studies. Each candidate shall tion and a physical aptitude examination the United States. 5760 RULES AND REGULATIONS

(5) See 55 710.25 to 710.27 for the Simple cases of equations with one or more A. GRAMMAR AND COMPOSITION (ONE AND ONE« sources of information as to time, place, unknown quantities that can be solved by HALF UNITS) etc., of College Entrance Examination the methods of linear or quadratic equations. Problems depending on quadratic equa­ The first object requires instruction in Board tests. The naval attaché or a dip­ tions. grammar and composition. English gram« lomatic representative of the United Graphical solution of quadratic equations. mar should ordinarily be reviewed in the States in the candidate’s country shall in Simultaneous equations in three unknowns. secondary school; and correct spelling and the cases of all candidates from other The solution of simple cases of equations grammatical accuracy should be rigorously American Republics furnish a report as o f degree higher than the second. exacted in all written work during the four Elementary theory and use of logarithms. years. The principles of English composition to the candidate’s proficiency in the use governing punctuation, the use of words, sen­ of idiomatic English. Variation. The binomial theorem for positive integral tences, and paragraphs should be thor­ (d) Each Government con cern ed exponents. oughly mastered; and practice in composi­ should submit the names of'candidates as The formulas for the nth term and the tion, oral as well as written, should ëxtend early as possible in order that they may sum of the terms of arithmetic and geo­ . throughout the secondary school period. qualify for entrance during the month metric^ progressions, with applications. Written exercises should include letter writ­ o f March and enter the Naval Academy It is assumed that pupils will be required ing, narration, description, and simple expo­ in July except in the cases of candidates throughout the course to solve numerous sition and argument. It is advisable that problems which involve putting questions subjects for this work be taken from the attending secondary schools and colleges student’s personal experience, general knowl­ in the United States whose school records into equations. Some of these problems should be chosen from mensuration, from edge, and studies other than English, as well for the current year are essential to ful­ physics, and from commercial life. The use as from his reading in literature. Finally, fillment of admission requirements. In of graphical methods and illustrations, par­ special instruction in language and composi­ this case candidates may be granted until ticularly in connection with the solution of tion should be accompanied by concerted ef­ June 25 in order to permit completion of equations, is also expected. fort of teachers in all branches to cultivate the required certificates. The nomina­ in the student the habit of using good Eng­ B. ADVANCED ALGEBRA (ONE-HALF UNIT) lish in his recitations and various exercises, tion of the candidate should contain a whether oral or written. statement of the method of admission Permutations and combinations, limited under which he wishes to qualify. to simple cases. B. LITERATURE (ONE AND ONE-HALF UNITS) Complex numbers, with graphical repre­ (e) In lieu of the oath of allegiance to sentation of sums and differences. The second object is sought by the reading the United States, a substitute oath will Determinants, chiefly of the second, third, and study of English and American literature be required, in substance as follows: an d fourth orders, including the use of in a progressive course covering four years. minors and the solution of linear equations. The student should be trained to read aloud I, — ,— — ------—.______a citizen with expression and clarity and to read of — ------— , a g e d ______years Numerical equations of higher degree, and as much of the theory of equations, with silently with swift ' comprehension. He ------months, having been appointed a should be encouraged to commit to memory midshipman at the United States Naval graphical methods, as is necesary for their treatment, Including Descartes’ rule of signs some of the more notable passages both in Academy, do solemnly swear to comply with verse and in prose. As an aid to literary all regulations for the police and discipline and Horner’s method, but not Sturm’s func­ tions or multiple roots. appreciation he should be further advised of the Academy, and to give my utmost efforts to acquaint himself with the most important to accomplish satisfactorily the required cur­ C. PLANE GEOMETRY (ONE U NIT) facts in the lives of the authors whose works riculum; do swear not to divulge any infor­ he reads and with their place in literary his­ mation of military value which I may obtain, The usual theorems and constructions of good textbooks, including the general prop­ tory. The aim is to foster in the student the directly or indirectly in consequence of my habit of intelligent reading and to develop a presence at the/United States Naval Academy, erties of plane rectilinear figures; the circle and the measurement of angles; similar poly­ taste for good literature, by giving him a first­ to any alien government; and do agree that hand knowledge of some of its best speci­ I shall be withdrawn from the United States gons; areas; regular polygons, and the mea­ surement of the circle. mens. He should read the books carefully, Naval Academy if deficient in conduct, but his attention should not be so fixed upon health, or studies. The solution of numerous original exer­ cises. details that he fails to appreciate the main (/) Notification shall be made to each Application to the mensuration of lines purpose and charm of what he reads. foreign government concerned that stu­ and plane surfaces. H is t o r y dents found by proper authority to be D. SOLID GEOMETRY (ONE-HALF UNIT) A. Ancient history, comprising the history unsatisfactory in conduct, studies, or The usual theorems and constructions of of the ancient world and of Greece and Rome health would be accorded the same con­ good textbooks, including the relations of to the year 476 A. D. (One unit.) sideration given other midshipmen re­ planes and lines in space; the properties and B. European history, including both me­ garding withdrawal from the Academy, measurement of prisms, pyramids, cylinders, dieval and modern. (One unit.) or repetition of a year’s work. and cones; the sphere and the spherical C. English history. (One unit.) triangle. D. United States history. (One u n it re­ § 710.62 Appendix III—Definition of The solution of numerous original exercises. quired. The standard year course in United certain of the subjects listed in secondary Applications to the mensuration of lines, States history, or a year course embracing school certificates. surfaces, and solids. both United States history and civil govern­ ment, will fulfill this requirenient.) M a t h e m a t ic s E. PLANE TRIGONOMETRY (ONE-HALF UNIT) E. Modern European history. (One unit.) A l. ALGEBRA TO QUADRATICS (ONE U NIT) Definitions and relations of the six trigo­ F. World history. (One unit.) nometric functions as ratios; circular meas­ The four fundamental operations for ra­ §710.63 Appendix IV — Physical urements of angles. tional algebraic expressions. standards and disqualifying defects—(a) Proofs of principal formulas, in particular Factoring, determination of highest com­ for the sine, cosine, and tangent of the sum General. The physical standards out­ mon factor and lowest common»*multiple by lined in the succeeding paragraphs are factoring. and the difference of two angles, of the double angle and the half angle, the product expres­ prescribed for candidates. The stand­ Fractions, including complex fractions, and sions for the sum or the difference of two ards are established to secure uniformity ratio and proportion. sines or of two cosines, etc.; the transforma­ Meaning, use, and evaluation of formulas. in conducting physical examinations and tion of trigonometric expressions by means Graphical representation. in interpreting physical fitness of candi­ of these formulas. dates for admission to the U. S. Naval Linear equations, both numerical and lit­ Solutions of trigonometric equations of a eral, containing one or two unknown quanti­ simple character. Academy. The object is to procure per­ ties. Theory and use of logarithms (without the sonnel who are physically fit and tem­ Problems depending on linear equations. introduction of work involving infinite peramentally adapted to the conditions Radicals, including the extraction of the series). of naval life and who will be physically fit square root of polynomials and of numbers. The solution of right and oblique triangles for appointment to commissioned grade Exponents, including fractional and nega­ and practical applications. when duly qualified otherwise therefor. tive. E n g l is h I, II, III a n d IV The standards prescribed are intended to Numerical trigonometry—the use of the preclude from acceptance, those indi­ sine, cosine, and tangent in solving right The study of "English in school has two triangles. viduals who present contagious or infec­ main objects: (A) Command of correct and tious disease which would be likely to en­ A2. QUADRATICS AND BETONO (ONE U NIT) clear English, spoken and written; (B ) ability to read with accuracy, intelligence, and ap­ danger the health of other personnel, Quadratic equations, both numerical and preciation; familiarity with a few master­ those who are likely to require repeated literal. pieces. admissions to the sick list, prolonged Friday, July 19, 1957 FEDERAL REGISTER 5761 hospitalization, or invaliding from serv­ (ii) Nonpsychotic mental disorders (fir) Sexual deviate. ice, and those who present any condition with demonstrable physical etiology or (ii) Immaturity reactions: which would be reasonably likely to dis­ associated structural changes in the (a ) Emotional-instability reaction. qualify for appointment to commissioned brain. (b) Passive-dependency reaction. status or result in early retirement for (3) Psychoneurotic disorders: (c) Passive-aggression reaction. physical disability. (i) Anxiety reaction. (d) Aggressive reaction. (1) Candidates will save valuable time (ii) Dissociative reaction. ( e) Immaturity with symptomatic and money for themselves and the Gov­ (iii) Conversion reaction. habit reaction. ernment by procuring careful complete (iv) Phobic reaction. (5) Disorders of intelligence: physical and dental examinations prior (v) Obsessive-compulsive reaction. / (1) Mental deficiency, primary. to reporting for their formal physical (vi) Neurotic-depressive reaction. (2) Mental deficiency, secondary. examinations in order that temporary (vii) Somatization reaction. (3) Specific learning defect. disqualifying defects may be remedied. (viii) Hypochondriacal reaction. (d) Weight, height and miscellaneous (See § 710.57.) (4) Character and behavior disorders: considerations. (1) The applicant’s (2) The candidate should insist that (i) Pathological personality types: weight should be well distributed and in his medical and dental examiner fully (a ) Schizoid personality. proportion to age, heiight and skeletal inform him of all his physical defects (b) Paranoid personality. structure. The purpose of the standard and whether or not such defects are (c) Cyclothymic personality. is to facilitate detection and disqualifica­ considered disqualifying for entrance id) Inadequate personality. tion of the unduly obese and to avoid to the U. S. Naval Academy under these (e) Antisocial personality. disqualifying muscular, healthy appli­ standards. (/) Asocial (amoral) personality. cants. (3) Under certain circumstances, the Chief of Naval Personnel may authorize Height (inches)______64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 waivers of minor physical defects for Weight (pounds): Minimum____ j______112 116 120 124 128 132 136 140 144 148 152 156 160 164 168 candidates who are properly motivated, Maximum______160 165 170 175 181 186 192 197 203 209 214 219 225 230 235 academically qualified and otherwise en­

titled to admission to the Naval Academy. N ote: The figures In the table above are for growing youths and are for the guidance of medical officers In con­ Individual requests for such waivers of nection with the other data obtained at the examination, a consideration of which will determine the candidate's minor physical defects will be enter­ physical eligibility. tained by a Board of Officers convened (2) The applicant’s height should befreedom from seizures since six or seven by the Chief of Naval Personnel for the measured in inches to the nearest one- years of age and provided that seizures purpose. Request for such a waiver must half inch without shoes. The table prior to that time were not severe or be in writing by the candidate addressed below sets forth the minimum and prolonged and did not require extensive to the Chief of Naval Personnel prior to maximum heights acceptable for candi­ therapy; allergic conjunctivitis, allergic June 1 or within 10 days of the formal dates for the U. S. Naval Academy. dermatoses, or allergic rhinitis particu­ physical,examination, or reexamination. Inches larly if there is associated hyperplastic (4) Since a history of having had cer­ Minimum______64 sinusitis or nasal polyps, or a history tain illnesses which are recurrent and/or Maximum______!______« 78 thereof, when in the opinion of the ex­ progressive in nature is disqualifying for aminer, the condition is likely to fre­ entrance and for retention in the U. S. (3) The following miscellaneous con­quently recur, or to cause more than Naval Academy it is of paramount im­ ditions are causes for rejection: minimal loss of time from duty or other­ portance that the candidate inform the (i) Any deformity which is repulsive wise is of present or future clinical medical and dental examiner in detail or which prevents the proper functioning significance. of his past medical record. The candi­ of any part to a degree interfering with (e) The endocrine glands and metabo­ date who fails to inform his examiner of military efficiency. lism. The following conditions are his past medical record in order to gain (ii) Deficient muscular development causes for rejection: entrance into the U. S. Naval Academy or deficient nutrition. (1) Toxic goiter; thyroid adenoma has not accomplished his goal if he must (iii) Evidences of physical character­ with pressure symptoms or of such size be discharged because of a recurrent or istics of congenital asthenia, such as as to interfere with wearing a uniform. progressive disease subsequent to his en­ slender bones, a weak ill-developed (2) Cretinism; hypothyroidism; myx­ trance thereto. thorax, nephroptosis, gastroptosis, con­ edema, spontaneous or postoperative (b) Medical history. In order to assist stipation, and “ drop” heart, with its (with clinical manifestations and diag­ the examiner in conducting the physical peculiar attenuation and weak and nosis not based solely on low basal meta­ examination, it is required that a careful easily fatigued musclature. bolic rate). history be obtained. An applicant for (iv) All acute communicable diseases. (3) Gigantism or acromegaly; dia­ entry into the U. S. Naval Academy, upon (v) All diseases and conditions which betes insipidus, Simmonds’ disease; reporting for examination, shall first be are Lijot easily remediable or that tend Cushing’s syndrome; other diseases be­ required to complete Standard Form 89 physically to incapacitate the individual, cause of a disorder of the pituitary gland. (Report of Medical History). The use of such as: chronic malaria or malarial (4) Frohlich’s syndrome, if severe. this form is not required in case of a cachexia; tuberculosis; leprosy, actino­ (5) Hyperparathyroidism and hypo­ candidate appearing before his own mycosis; recurrent attacks of rheumatic parathyroidism when the diagnosis is family physician and dentist. When fever withirT^the previous five years, supported by adequate laboratory used, the data on the completed form rheumatoid arthritis; osteomyelitis; ma­ studies. shall be reviewed, and elaborated upon by lignant diseases of all kinds in any loca­ (6) Addison’s disease. the exanjiner whenever it is necessary to tion; hemophilia; purpura; leukemia of (7) Glycosuria if persisting; diabetes Present a more complete picture of the all types; pernicious anemia; sickle mellitus. If sugar is found in the urine, individual’s medical history. cell anemia; trypanosomiasis; filariasis further specimens, voided in the presence (c) Psychiatric disorders. The fol­ which has produced permanent disability of the physician or authorized assistant, lowing conditions are causes for rejec­ or deformity, history of any acute attack should be examined. In doubtful cases tions: of filariasis within 6 months of date of the fasting blood sugar and glucose tol­ (1) Psychotic disorders: examination, or the finding of micro­ erance tests should be obtained. In the

(10) Hyperinsulinism when established If they pass one of the American Optical auditory acuity loss as demonstrated by by adequate investigation and if regarded Company pseudo-isochromatic plate test audiogram if such test has been per­ by the examiners as of sufficient degree sets listed in subparagraph (2) below or formed. to disqualify for military service. if they pass the Farnsworth Lantern (8) Any acute or chronic disease of the (f) The eyes. (1) For enrollment in test. Candidates who fail to pass the external, middle, or internal ear. the U. S. Naval Academy a minimum vis­ American Optical Company pseudo- (i) The skin. The following condi­ ual acuity of 20/20 each eye is required isochromatic plate test shall be con­ tions are causes for rejection: (request for waiver of minor visual acuity sidered qualified if they pass the (1) Eczema of long standing or which defect may be submitted). No squinting Farnsworth Lantern test. The results is resistant to treatment; allergic derma­ or visual aids are allowed and the test obtained with the Farnsworth Lantern tosis, if severe. letters should be read correctly and shall be considered final in the resolution (2) Chronic impetigo; sycosis; car­ promptly. Refraction is not required for of all cases of questionable color percep­ buncle; acne upon face or neck which is entrance into the U. S. Naval Academy tion. Where available the Farnsworth so pronounced as to amount to positive unless medically indicated. Depth per­ Lantern shall be used to test color per­ deformity. ception shall be examined using the Ver- ception in lieu of the AOC plate tests. (3) Actinomycosis; dermatitis herpet­ hoeff Stereopter and the findings re­ (2) When the Amërican Optical Com­ iformis; mycosis fungoides. ported in accordance with Art. 15-62 (12) pany pseudo-isochromatic plate test set (4) Extensive psoriasis; ichtyosis; (a) and (b ), Manual of the Medical De­ is used for determination of color per­ chronic lichen planus. partment. (See subparagraph (4) (xiv) ception, a. color vision test lamp with (5) Elephantiasis. of this paragraph.) daylight filter or a fluorescent light with (6) Scabies; pediculosis (if indicative (2) Disease of the eye grounds shall a daylight tube shall be used for illumi­ of unhygienic habits). be cause for rejection. nation. The examinee shall not be al­ (7) Ulcerations of the skin not amena­ (3) Both eyes must be free from any lowed to trace the patterns or otherwise ble to treatment, or those of long stand­ disfiguring or incapacitating abnormality touch the test plates. The plates shall ing or of considerable extent, or of and from acute or chronic disease. be shown at a distance of thirty inches syphilitic or malignant origin. (4) The following conditions are causes and two seconds allowed to identify each (8) Extensive, deep, or adherent scars for rejection: plate. I f the examinee hesitates, he that interfere with muscular movements, (i) Trachoma. should be asked again to “read the num­ or that show a tendency to break down (11) Chronic conjunctivitis, or xeroph­ bers.” I f he fails to respond, the ex­ and ulcerate. thalmia. aminer must turn to the next plate (9) Naevi and other erectile tumors if (iii) Pterygium encroaching upon the without comment. Qualification of ex­ extensive, disfiguring, or exposed to con­ cornea. aminees using the American Optical stant pressure. (iv) Complete or extensive destruction Company pseudo-isochromatic test (10) Obscene, offensive, or indecent of the eyelids, disfiguring cicatrices, ad­ plates is ascertained as follows: tattooing. hesions of the lids to each other or to (i) When the twenty plate test set (11) Pilonidal cyst or sinus if evi­ the eyeball. (number N3-885-960) is used and the denced by presence of readily palpable (v) Inversion or eversion of the eye­ examinee reads correctly seventeen of tumor mass or if there is a history of lids, or lagophthalmus. the twenty plates, demonstration plates inflammation or of purulent discharge. (vi) Trichiasis, ptosis, blepharospasm, excluded, he is qualified. (12) Lupus vulgaris; other tuberculous or chronic blepharitis. (ii) When the eighteen plate test set skin lesions. (vii) Epiphora, chronic dacryocystitis, (number 65-15-388-6606) is used and (13) Lupus erythematosus, discoid or or lachrymal fistula. the examinee reads correctly fourteen of generalized; scleroderma. (viii) Chronic keratitis, ulcers of the the eighteen plates, demonstration plate (14) Epidermolysis bullosa; pemphi­ cornea, staphyloma, or corneal opacities excluded, he is qualified. gus. encroaching on the pupilliary area and (iii) When the fourteen plate test set (15) Plantar warts on weight-bearing reducing the acuity of vision below the (number 65-15-299-8186) is used and the areas, if of significance. standard. examinee reads correctly ten of the four­ (j ) The head and face. The following (ix) Irregularities in the form of the teen plates, demonstration plate ex­ conditions are causes for rejection: iris, or anterior or posterior synechiae cluded, he is qualified. (1) Tinea in any form. sufficient to reduce the visual acuity be­ (3) Detailed instructions for the ad­ (2) All benign tumors which are of low the standard. ministration of the Farnsworth Lantern sufficient size to interfere with the wear­ (x) Opacities of the lens or its capsule test, as well as the criteria for passing ing of military headgear, or subject to sufficient to reduce the acuity of vision the test, are engraved on a metal plate chronic irritation. below the standard, or progressive cata­ which is permanently attached to the (3) Imperfect ossification of the cra­ ract of any degree. instrument and shall be followed without nial bones or persistence of the anterior (xi) Extensive coloboma of the cho­ exception. These instructions have been fontanelle. roid or iris, absence of pigment (albino), reprinted as enclosure (1) to BuMed (4) Extensive cicatrices, especially glaucoma, iritis, or extensive or pro­ [Bureau of Medicine and Surgery] In ­ such adherent scars as show a tendency gressive choroiditis of any degree. struction 6730.2. The results of the test to break down and ulcerate. (xii) Retinitis, detachment of the shall be recorded in item 64 of the Re­ (5) Depressed fractures or other de­ retina, neuroretinitis, optic neuritis, or port of Medical Examination as “Passed pressions, or loss of bony substance of the atrophy of the optic nerve. FaLant” or “Failed FaLant.” skull, unless the examiner is certain the (xiii) Loss or disorganization of either (h) The ears. The following condi­defect is slight and will cause no future eye, or pronounced exophthalmos. tions are causes for rejection: trouble. (xiv) Pronounced nystagmus, well- (1) The total loss of an external ear, (6) Monstrosity of the head, or hy­ marked strabismus, or lack of continu­ marked hypertrophy or atrophy, or dis­ drocephalus. ous and complete third degree binocular figuring deformity of the organ. (7) Hernia of the brain. fusion. (2) Atresia of the external auditory (8) Deformities of the skull of any (xv) Diplopia, or night blindness. canal, or tumors of this part. degree associated with evidence of dis­ (xvi) Abnormal condition of the eye (3) Acute or chronic suppurative otitis ease of the brain, spinal cord, or pe­ due to disease of the brain. media, or chronic catarrhal otitis media. ripheral nerves. (xvii) Malignant tumors of lids or eye­ (4) Mastoiditis, acute or chronic. (9) Extreme ugliness. balls. (5) Existing perforation of either (10) Unsightly deformities, such as (xviii) Asthenopia. membrana tympani. large birthmarks, large hairy moles, ex­ (xix) Any organic disease of either eye. (6) Deafness of one or both ears. tensive cicatrices, mutilations due to in­ (g) Color perception. (1) It is essen­ (7) Any diminution of auditory acuity juries or surgical operations, tumors, tial that all candidates for the Naval in either ear, below 15/15 by whispered ulcerations, fistulae, atrophy of a part of Academy have normal color perception. voice, below 40/40 by standard clock, or the face, or lack of symmetrical develop­ Candidates shall be considered qualified below 20/20 by coin click, or a significant ment. Friday, July 19, 1957 FEDERAL REGISTER 5763

(11) Persistent neuralgia, tic doulou­ - (4) Benign tumors or cysts which are (13) Pneumothorax, hydrothorax, or reux, or paralysis of central nervous so large as to interfere with the wearing hemothorax. (14) Tumors of the lung, pleura or origin. of a uniform or military equipment. (12) Ununited fractures of the maxil­ (5) Torticollis. mediastinum. lary bones, deformities of either maxil­ (6) Tracheal openings, thyroglossal or (15) Chronic bronchitis, bronchiecta­ lary bone interfering with mastication or cervical fistulae. sis, abscess of the lung, pulmonary in­ speech, extensive exostosis, necrosis, or (7) Restricted mobility sufficient to filtration of undetermined origin, asthma osseous cysts. limit the normal range of naotion. (see paragraph (d) (3) (v) of this sec­ (13) Chronic arthritis of the temporo­ (m ) The spine. The following condi­ tion) , cystic disease of the lung. mandibular articulation, badly reduced tions are causes for rejection: (16) Actinomycosis, nocardiosis, blas­ or recurrent dislocations of this joint, or (1) Lateral deviation of the spine from tomycosis, coccidioidomycosis, aspergil- ankylosis, complete or partial. the normal midline of such degree that liosis or histoplasmosis if there is reason (k) The mouth, nose, pharynx, larynx, it impairs normal function or is likely to suspect recent activity of the dis­ trachea, and esophagus. The following to do so. ease process. conditions are causes for rejection: (2) Curvature of the spine of such (17) Sarcoidosis. ( l ) Harelip, unless adequately re­ degree that function is interfered with (18) Hydatid or echinococcus cysts of paired, loss of the whole or a large part or is likely to be interfered with, or in the lung. of either lip, unsightly mutilations of the which there is noticeable deformity when (19) Disqualifying defects demonstra­ lips from wounds, burns, or disease. the applicant is dressed (scoliosis, hy- ble by a roentgenographic examination (2) Malformation, partial loss, atro­ phosis, or lordosis). of the chest, such as: phy, or hypertrophy of the tongue, split (3) Fracture or dislocation of the ver­ (i) Evidence of reinfection (adult) or bifid tongue, or adhesions of the tebrae. type tuberculosis, active or inactive, other tongue to the sides of the mouth, pro­ (4) Vertebral caries (Pott’s disease). than slight thickening of the apical vided these conditions interfere with (5) Abcess of the spinal column or its pleura or thin solitary fibroid strands. mastication, speech, or swallowing, or vicinity. (ii) Evidence of active primary (child­ appear to be progressive. (6) Osteo-arthritis of the spinal col­ hood) type tuberculosis. (3) Malignant tumors of the tongue, umn, partial or complete. (iii) Extensive calcification of the or benign tumors that interfere with its (7) Fracture of the coccyx; spina pleura, lung parenchyma or hilum, if of functions. bifida; spondylolisthesis; other congeni­ questionable stability or of such size and (4) Marked stomatitis, or ulcerations, tal anomalies of the lumbosaçral spine extent as to interfere with pulmonary or severe leukoplakia. if associated with symptoms of a chronic function. (5) Ranula if at all extensive, or or recurrent nature or if in the opinion (iv) Evidence of fibrous or serofibrin­ salivary fistula. of the examiner of such a degree or type ous pleuritis, except moderate diaphrag­ (6) Perforation or extensive loss of as to predispose to mechanical instability. matic adhesions with or without blunting substance or ulceration of the hard or (8) Active arthritic processes from any or obliteration of the costophrenic Sinus. soft palate, extensive adhesions of the cause. (0) The heart and blood vessels. The soft palate to the pharynx, or paralysis (9) Herniation of intervertebral disc following conditions are causes for re­ of the soft palate. (nucleus pulposus) or history of opera­ jection: (7) Loss of the nose, malformation, or tion for this condition. (1) All diastolic murmurs. deformities thereof that interfere with (n) The thorax. The following condi­ (2) Apical systolic murmurs, when speech or breathing, or extensive ulcera­ tions are causes for rejection: persistent in both the recumbent and tions. (1) Congenital malformations or ac­ upright positions, when moderate in in­ (8) Perforated nasal septum if con­ quired deformities which result in re­ tensity, when transmitted to the axilla, sidered causative of symptoms or local ducing the chest capacity and diminish­ and when not abolished nor signifi­ pathology, or likely to do so. ing the respiratory function to such a cantly diminished in intensity by forced (9) Nasal obstruction due to septal degree as to interfere vwith vigorous breathing. deviation, hypertrophic rhinitis, or other physical exertion or to produce disfigure­ (3) Harsh systolic murmurs, heard at causes, and particularly if sufficient to ment when the applicant is dressed. aortic area, even of less than moderate produce mouth breathing. (2) Pronounced contractions or mark­ intensity with diminished or absent sec­ (10) Acute or chronic inflammation of edly limited mobility of the chest wall ond sound. the accessory sinuses of the nose, hay following pleurisy or empyema. (4) Pulmonic systolic murmurs, blow­ fever, or allergic rhinitis (see paragraph (3) Deformities of the scapulae suffi­ ing or rough, low pitched, of more than (d) (3) (v) of this section). cient to interfere with the carrying of moderate intensity. (11) Atrophic rhinitis. equipment. (5) All valvular diseases of the heart, (12) Malformations or deformities of (4) Absence or faulty development of congenital heart disease, or pathological the pharynx of sufficient degree to inter­ the clavicle. murmurs. fere with function. (5) Old fracture of the clavicle where (6) Hypertrophy or dilation of the (13) Postnasal adenoids interfering there is much deformity or interference heart. with respiration or associated with mid­ with the carrying of equipment ; ununited (7) History of evidence of pericar­ dle-ear disease. fractures, or partial or complete dislo­ ditis, endocarditis, myocarditis, angina (14) Marked enlargement of the ton­ cation of either end of the clavicle. pectoris, coronary occlusion, or coronary sils or markedly diseased tonsils. (6) Suppurative periostitis or caries or atherosclerosis. (15) Laryngitis from any cause. necrosis of the ribs, the sternum, the (8) A heart rate of 100 or over, or of (16) Paralysis of the vocal cords, or clavicles, or the scapulae. 50 or under, when these are proved to be aphonia. (7) Old fractures of the ribs with persistent in the recumbent posture and (1) The neck. The following condi­ faulty union, if interfering with function. on observation and reexamination over tions are causes for rejection: (8) Benign tumors or cysts of the a sufficient period of time. (1) Cervical adenitis of other than be­ breast or chest wall which are so large (9) Marked cardiac arrhythmia or ir­ regularity, or an authenticated history nign origin, including cancer, Hodgkin’s as to interfere with the wearing of a uniform or of equipment. of paroxysmal tachycardia, or auricular disease, leukemia, tuberculosis, syphilis, etc. (9) Unhealed sinuses of the chest wall. fibrillation or flutter. (10) Scars of old operations for em­ (10) Arteriosclerosis. (2) Adherent or disfiguring scars from pyema unless the examiner is assured (11) Arterial hypertension, essential disease, injuries, or burns. that the respiratory function is entirely hypertension (hypertensive vascular dis­ (3) Thyroid adenoma interfering with normal. ease). The diagnosis of essential hyper­ breathing or with the wearing of cloth­ (11) Pneumoconiosis, extensive pul­ tension, especially in the earlier phases ing; exophthalmic goiter or thyroid en­ monary fibrosis or pulmonary em­ when blood pressure is still variable, re­ largement from any cause associated physema. quires judgment tempered by experience fdth toxic symptoms or which is disfig­ (12) Acute or chronic pleurisy or and with evaluation of any family his­ uring. empyema. tory of hypertension, the vascular reac- 5764 RULES AND REGULATIONS

tion to special tests, and repeated blood (7) External hemorrhoids sufficient in (vl) Hypertrophy, abscess, or chronic pressure and pulse rate determinations. size to produce marked symptoms; in­ infection of the prostate gland. In general, a persistent systolic blood ternal hemorrhoids, if large or accom­ (vii) Urethral stricture or urinary pressure above 130, or a persistent dias­ panied by hemorrhage, or protruding fistula. tolic blood pressure above 84 (fifth intermittently or constantly. • (viii) Epispadias or hypospadias, ex­ phase), is cause for rejection, particu­ (8) Incontinence of feces. cept for minor displacements of the larly if associated with a labile pulse 1 (r) The genito-urinary system and Urethral orifice with no impairment in rate or evidence of vasomotor lability, venereal disease, ( l ) All candidates for function of micturition, and no symp­ or with positive family history of hyper­ the U. S. Naval Academy shall receive toms of irritation. tensive vascular disease (sitting blood a serologic test for syphilis. This test (ix) Phimosis when prepuce is adher­ pressure values). The objective is to shall be conducted at the time of the ent in whole or in part to the glans. disqualify those applicants who are most final physical examination. (x) Hermaphroditism. likely to develop severe and incapacitat­ (1) When albumin, casts, hemoglobin, (xi) Amputation of the penis. ing hypertension within a relatively short or red blood cells are found in the urine, (xii) Varicocele, if large and painful, time. Generally, youthful applicants the applicant shall not be accepted un­ or hydrocele upon original appointment. with a healthy vascular system are to less further study proves such findings (xiii) Atrophy of both testicles or loss be considered qualified even though to be of no significance. Such further of both. blood pressure values sometimes exceed study, if desired, should include daily (xiv) Undescended testicle (acceptable the standard. complete examinations of the urine for if unilateral, abdominal and unassociated (12) Aneurysm of any variety in any at least 3 days and such other tests as with hernia), infantile genital organs. situation. are necessary, unless the presence of (xv) Chronic orchitis or epididymitis. (13) Intermittent claudication. albumin and casts is associated with (xvi) A persistently positive serologic (14) Raynaud’s disease, acrocyanosis. enlargement of the heart, high blood test for syphilis. (15) Thrombophlebitis of one or more pressure, or other evidence of cardio­ (xvii) Syphilis in any stage, or a clearly extremities, if there is a persistence of vascular disease of such degree that a defined history thereof. the thrombus or any evidence of ob­ diagnosis of renal disease may be made (xviii) Any active venereal infection, struction to circulation in the involved immediately. When albumin is con­ acute or chronic, or any active infectious vein or veins. stantly or intermittently present, the un­ process resulting therefrom. (16) An authenticated history of derlying pathological condition should, (xix) Reiter’s disease. rheumatic fever or chorea within the if possible, be determined and stated as (s) The extremities. The following past 5 years, or a history of more than the cause for rejection; but if albumi­ conditions are causes for rejection: one attack of rheumatic fever. nuria be present daily during a period (1) All anomalies in the number, the (17) Arterial hypotension if it is caus­ of 3 days, it should be regarded as rea­ form, the proportion, and the movements ing, or has caused, symptoms. son for rejection, even if the origin can­ of the extremities which produce notice­ (p) The abdomen. The following not be determined. able deformity or interfere with function. conditions are causes for rejection: (ii) I f glucose is found in the urine, (2) Atrophy of the muscles of any (1) Wounds, injuries, cicatrices, or further observation is indicated, includ­ part, if progressive or if sufficient to muscular ruptures of the abdominal ing an estimation of the 24-hour amount interfere with function. walls sufficient to interfere with func­ of urine and the employment of other (3) Benign tumors if sufficiently large tion. tests to demonstrate the possible exist­ to interfere with function. (2) Fistulae or sinuses from visceral ence of diabetes. Blood-sugar values and (4) Ununited fracture, fractures with or other lesions or following operation. blood-sugar tolerance tests must be nor­ shortening or callus formation sufficient (3) Hernia of any variety. mal if such an applicant is to be found to interfere with function, old disloca­ (4) Large tumors of the abdominal qualified; the glycosuria must be shown tions unreduced or partially reduced, wall. to have been transient and not a per­ complete or partial ankylosis of a joint, (5) Scar pain, if severe or causing per­ sistent condition. or relaxed articular ligaments permitting sistent or recurring complaints. (iii) When the specific gravity of the of frequent voluntary or involuntary dis­ (6) Chronic diseases of the stomach specimen first examined is under 1.010, placement. or intestine or a history thereof, includ­ further observation of the applicant and (5) Reduced dislocation or united frac­ ing such diseases as peptic ulcer, re­ repeated complete urinary examinations tures with incomplete restoration of gional ileitis, ulcerative colitis and are indicated. function. diverticulitis. (iv) When serological test for syphilis (6) Amputation of any portion of a (7) Gastric resection, gastro-enteros- Is positive, the possibility of a false posi­ limb (except fingers or toes if there is tomy, or bowel resection. tive test should be considered. In view no interference with military activities), (8) Chronic appendicitis. of the possibility of error in such a test, or resection of a joint. (9) Ptosis of the stomach or intes­ the candidate giving a positive reaction (7) Excessive curvature of a long bone tines. will have the opportunity for a physical or extensive, deep, or adherent scars in­ (10) Acute or chronic disease of the reexamination subject to the conditions terfering with motion. liver, gall bladder, pancreas, or spleen. set forth herein under the heading (8) Severe sprains. (11) Chronic peritonitis or peritoneal “Physical Reexamination.” (9) Disease of the bones or joints. adhesions. (2) The following conditions are (10) Chronic synovitis, or floating car­ (12) Chronic enlargement of the liver. causes for rej ection: tilage, or other internal derangement in (13) Chronic enlargment of the spleen (i) Acute or chronic nephritis, dia­ a joint (particularly of knee joint with if marked. betes, mellitus or insipidus, or glycosuria history of disability). (14) Jaundice. if accompanied by abnormal response to (11) Varicose veins in an extremity (q) The perineum and the pelvis in­ blood sugar tests. In the presence of when they cover a large area or are cluding the sacroiliac and lumbosacral diabetes mellitus in a parent, sibling or markedly tortuous or much dilated, or joints. The following conditions are grandparent, a standard glucose toler­ are associated with edema or hemor­ causes for rejection: ance test is a requirement. rhoids, or are accompanied by subjective (1) Malformation and deformities of (ii) Blood, pus, or albumin in the symptoms. the pelvis sufficient to interfere with urine, if persistent. (12) Varices of any kind situated in function. the leg below the knee, if associated with (iii) Floating kidney, hydronephrosis, (2) Disease of the sacroiliac or lum­ varicose ulcers or scars from old ulcera­ bosacral joints. pyonephrosis, pyelitis, tumor of the kid­ tions; chronic edema of a limb. (3) Urinary fistula. ney, renal calculi, or absence of one (13) Chronic or obstinate neuralgias, (4) Stricture or prolapse of the kidney. particularly sciatica. rectum. (Iv) Acute or chronic cystitis. (14) Adherent or united fingers (web (5) Fissure of the anus or pruritus anL (v) Vesical calculi, tumors of the blad­ fingers). (6) Fistula in ano or ischiorectal der, incontinence of urine, enuresis, or (15) Deviation of the normal axis of abscess. retention of urine. the forearm to such a degree as to inter- Friday, July 19, 1957 FEDERAL REGISTER 5765 fere with the proper execution of the ington’s chorea, muscular atrophies and (xi) Tumors or cysts of the oral cavity manual of arms. dystrophies of any type, cerebral arterio­ which require treatment or may require (16) (i) Permanent flexion or exten­ sclerosis. treatment in the foreseeable future. sion of one or more fingers, as well as (3) Residuals of infection (moderate § 710.64 Appendix V—Installations irremediable loss of motion .of these and severe residuals of poliomyelitis, conducting preliminary physical exami­ parts, if sufficient to interfere with meningitis and abscesses, paralysis nations for the U. S. Naval Academy. proper execution of duties. agitans, postencephalitic syndromes, (ii) Total loss of either thumb. Sydenham’s chorea). * A labama (iii) Mutilation of either .thumb to (4) Peripheral nerve disorder Anniston— USAH, Port McClellan. such an extent as to produce material (chronic or recurrent neuritis or neu­ Birmingham: loss of flexion or strength of the member. ralgia of an intensity which is periodi­ USNAS. (iv) Loss of more than one phalanx cally incapacitating, multiple neuritis, USN Recruiting Station. neurofibromatosis). Foley— IJSNAAS, Barin Field. of the right index finger. Daleville— USAH, Fort Rucker. (v) Loss of the terminal and mid­ (5) Residuals of trauma (residuals of Montgomery— Maxwell AFB. dle phalanges of any two fingers on the* concussion or sevère cerebral trauma, same hand. post-traumatic cerebral syndrome, inca­ A lask a (vi) Entire loss of any finger except pacitating severe injuries to peripheral Adak— U. S. Naval Station. the little finger of either hand or the nerves). Kodiak— U. S. Naval Station. ring finger of the hand not used in (6) Paroxysmal convulsive disorders Arizo n a writing. and disturbances of consciousness (grand (17) Perceptible lameness or limping. mal, petit mal, and psyehomotor attacks, Fort Huachuca?—USAH. Phoenix— USNAF, Litchfield Park. (18) Knock-knee, when the gait is syncope, narcolepsy, migrane). Tucson—Davis Monthan AFB. clumsy or ungainly, or when subjective (7) Miscellaneous disorders (tics, symptoms of weakness are present; bow­ spasmodic torticollis, spasms, brain and Ar kansas legs if so marked as to produce notice­ spinal cord tumors, whether operated Little Rock— USN Recruiting Station. able deformity when the applicant is upon or not, cerebrovascular disease, Fort Smith— Camp Chaffee. dressed. congenital malformations, including Ca lifo r n ia (19) (i) Clubfoot unless the defect is spina bifida if associated with neuro­ so slight as to produce no- symptoms dur­ logical manifestations and meningocele Alameda— U. S. Naval Station. Barstow: ing vigorous exercise. even if uncomplicated, Meniere’s dis­ Station Hospital, U. S. Marine Corps. (ii) Pes cavus if extreme and causing ease) . Supply Center. symptoms. (u) Dental. (1) The attention of the China Lake— Station Hospital, USNOTS. (iii) Flatfoot when accompanied with dental examiner is invited to § 710.63 (a ). Corona— USNH. symptoms of weak foot or when the foot (2) Standards, (i) Every candidate El Centro— USNAAS. is weak on test. Pronounced cases of shall be given a Type 2 dental examina­ Fairfield— Travis AFB. flatfoot attended with decided eversion of tion by a dental officer o f the military Livermore— Parks AFB. the foot and marked bulging of the inner services who shall record his findings in Long Beach— USNAS, Los Alamitos. Los Angeles—USN Recruiting Station and border, due to inward rotation of the the Report of Medical Examination. ONOP. astragalus, are disqualifying regardless of (ii) A candidate for appointment as Moff et Field— USNAS. the presence or absence of subjective midshipman must have a minimum o f 16 Mojave— USMCAAS. symptoms. natural permanent teeth of which a min­ Monterey—USAH, Fort Ord, USNNAS. (20) Loss of either great toe or loss of imum of 8 must be in each arch. He Oakland— USNH. any two toes on the same foot. must have all missing teeth, which if not Oceanside— USNH. (21) Overriding or superposition of replaced would cause unsightly space or Port Hueneme— Station Hospital, USNCBCT. Riverside— March AFB. any of the toes to such a degree as will significantly reduce masticatory or in­ San Diego—USNH, USNAS N. Island. produce pain when wearing the military cisal efficiency, replaced by bridges or San Francisco: shoe. partial dentures which .are well designed USN Dispensary, 50 Fell Street. (22) Ingrowing toenails when marked and in good condition. He must have USN Recruiting Station and ONOP. or painful. received all required dental treatment Treasure Island—USN Station. (23) (i) Hallux valgus when sufficiently including permanent restoration of teeth USN Shipyard. marked to interfere with locomotion or damaged by dental caries except minor Letterman AH. or questionable carious areas. Santa Ana— Station Hospital, USMCAS. when accompanied by a painful bunion. Stockton: (ii) Bunions sufficiently pronounced to (3) Disqualifying defects, (i) Lack of USN Supply Center (Stockton Annex). interfere with function. satisfactory incisal or masticatory func­ Vallejo— USNH, Mare Island. (iii) Hammertoes when existing to tion. such a degree as to interfere with func­ (ii) Failure to have a minimum of 8 Ca n a l Z o ne tion when wearing shoes. natural permanent teeth in each arch. Coco Solo— Infirmary, USN Station. (iv) Webbing of all the toes. (iii) Unreplaced teeth which cause un­ Colorado (v) Corns or calluses on the sole of the sightly spaces or significantly reduce foot when they are tender or painful. masticatory function. Colorado Springs— USAH, Fort Carson. Denver: (24) (i) Hyperidrosis or bromidrosis (iv) Carious teeth except minor or Fitzshhons AH, Lowry AFB, USNAS. when present to a marked degree. questionable carious areas. Active duty USN Recruiting Station and ONOP. (ii) Habitually sodden feet with blis­ enlisted personnel who are candidates tered skin. should not be disqualified for caries but Co n n e c tic u t (iii) Unusually large or deformed feet appointments arranged for remedial New London—Station Hospital, USN Sub for Which proper shoes cannot be readily treatment. Base. obtained. (v) Infectious or chronic diseases of CUBA (25) Severe fungoid infection of nail- the soft tissue of the oral cavity. Guantanamo Bay—USN. beds. (vi) Marked malocclusion resulting in F lorida (26) Surgical procedures involving severe dento-f acial deformity. joints, unless at least a six-month period Green Cove Springs— USN Station. Jacksonville—USNAS, USNH. since operation has elapsed and providing (vii) Orthodontic appliances attached to teeth for continued treatment are dis­ Pensacola— USNAS, USNH. full function has been restored. Miami—Station Hospital, USMCAS. (t) The nervous system. The follow­qualifying, but retainer appliances are Tampa—MacDill AFB. ing conditions are causes for rejection: permissible. Key West—USNAS, USNH. (viii) Unsatisfactory restorations, (1) Neurosyphilis of any form (gen­ G eorgia bridges, or dentures. eral paresis, tabes dorsalis, meningo­ Albany—USMC Supply Center. vascular syphilis). (ix) Apical or periodontal infection Atlanta— USAH, Fort McPherson, USNAS. (2> Degenerative disorders (multiple which requires bridges, or dentures. Augusta— USAH, Camp Gordon. sclerosis, encephalomyelitis, cerebellar (x) Perforations front the oral cavity Brunswick.—USNAAS, Glynco. and Friedreich’s ataxia, athetoses, Hunt- into the nasal cavity or maxillary sinus. Columbus—USAH, Fort Bennlng. No. 139-— 5 5766 RULES AND REGULATIONS

Hinesville— USAH, Camp Stewart. N ebraska T ennessee Macon— USN Recruiting Station and ONOP. Valdosta— Moody APB. Lincoln—USNAS. Memphis— USNAS, USNH. Omaha: Nashville—USN Recruiting Station and Ha w a ii Offutt AFB. ONOP. Honolulu: USN Recruiting Station and ONOP. Smyrna— Stewart AFB. Hickam AFB, Naval Medical Unit. N evada Tripler Army Hospital, USN AS. T exas Barbers Point, USN Base, Pearl Harbor. Fallon— USNAAS. Beeville— USNAAS Chase Field. Hawthorne— USN Ammunition Depot. I daho Corpus Christi— USNAS, USNH. N ew H am psh ir e Dallas: Pocatello— USNOrd Plant. USNAS. Portsmouth—USNH. I l l in o is « USN Recruiting Station and ONOP. N ew Jersey El Paso— William Beaumont AH. Belleville— Scott AFB. Houston: Chicago— USN Recruiting Station and ONOP. Atlantic City—USNAS. Ellington AFB. Glenview—USNAS. Lakehurst—USNAS. - USN Recruiting Station and ONOP. Great Lakes— USNH, USNTC. Red Bank—USAH, Fort Monmouth. Killeen— USAH, Fort Hood. Trenton—USAH, Fort Dix. I n d ia n a Orange— USN Station. Indianapolis: N ew M exico San Antonio— Fort Sam Houston, Randolph USAH, Fort Benjamin Harrison. AFB. Albuquerque—USN Recruiting Station and USN Recruiting Station. U t a h ONOP. I owa Las Cruces—USNOM Test Facility, White Ogden— Hill AFB. Sands. Salt Lake City—USN Recruiting Station and Des Moines— USN Recruiting Station. Roswell— Walker AFB. ONOP. K ansas ir g in ia N ew Y ork V Fort Leavenworth—USAH. Albany—USN Recruiting Station and ONOP. Accotink— USAH, Fort Belvoir. Hutchinson— Station Hospital, USNAS. Buffalo— USN Recruiting Station and ONOP. Chincoteague— Station Hospital, USNAS. Junction City— Fort Riley. Hempstead, L. I.— Mit6hel AFB. Hampton— USAH, Langley AFB. Olathe— USNAS. Geneva—Sampson AFB. Lee Hall— USAH, Fort Eustis. K e n t u c k y Governors Island— USAH, Fort Jay. Little Creek— USN Amphibious Base. New York City: Norfolk— USNAS, USN Station. Ashland— USN Recruiting Station. USNAS, Floyd Bennett Field. Oceana—USNAS. Fort Knox—USAH. USN Recruiting Station and ONOP. Petersburg— USÀH, Fort Lee. Hopkinsville— USAH, Fort Campbell. Niagara Falls— USNAS. Portsmouth— USNH. Louisville— USN Recruiting Station. St. Albans, L. I.T-USNH. Quantico—USNH. West Point—U. S. Army Hospital, USMA. L o u isian a W a sh in g t o n New Orleans: N orth Caro lina USAH— Camp Leroy Johnson. Bremerton— USNH, Naval Base. US Naval Station. Camp Lejeune—USNH. Seattle : USNAS. Cherry Point— Station Hospital, USMCAS. USNAS. USN. Recruiting Station and ONOP. Fayetteville— USAH, Fort Bragg. USAH, Fort Lawton. Shreveport— Barksdale AFB. Raleigh—USN Recruiting Station and ONOP. Spokane— USNAS. Tacbma: M a in e N orth Dako ta Fort Lewis, Madigan AH. Brunswick— Station Hospital, USNAS. Fargo— USN Recruiting Station. McChord AFB, USN Station. Portland— USN Recruiting Station. Whidbey Island, Oak Harbor— USNAS. ' Oh io M aryland Akron— USNAS. W a sh in g t o n , D. C. Aberdeen— USAH, Aberdeen Proving Ground. Cincinnati—USN Recruiting Station and Anacostia—USNAS. Annapolis— USNA. ONOP. Bolling AFB. Bainbridge— USNH. Cleveland— USN Finance Center. U. S. Naval Dispensary. Baltimore— USN Recruiting Station. Columbus— USNAS, USN Recruiting Station. Walter Reed AH—Physical Examining Sec­ Bethfesda— USNH, National Naval Medical Dayton—Wright-Patterson AFB. tion (Outpatient Clinic). Center. Ok l a h o m a Fort George G. Meade— USAH. H o spital Sh ip s Patuxent River— USAS. Lawton—USAH, Fort Sill. U. S. S. “Haven.” Norman— USNATTC. assachusetts M Oklahoma City—USN Recruiting Station. G u a m —USNH Ayer— USAH, Fort Devens. Oregon Ja pa n Boston— USN Recruiting Station and ONOP. Chelsea— USNH. Astoria—Station Hospital, USNAS, Tongue Yokosuka— USNH. Chicopee Falls—Westover AFB. Point. South Weymouth—USNAS., Portland—USN Recruiting Station. § 710.65 Appendix V I—Installations conducting formal physical examina­ M ic h ig a n P ennsylvania tions for the U. S. Naval Academy. Detroit—USN Recruiting Station & ONOP. Mechanicsburg— USN Supply Center. U. S. Naval Hospital, Chelsea, Mass. * Grosse Ille—USNAS. Middletown—Olnistead AFB. U. S. Naval Hospital, St. Albans, Long Island, Mount Clemens—Selfridge AFB. Phoenixville^—-Valley Forge AH. N. Y. • Philadelphia: M in n e so ta U. S. Naval Hospital, Philadelphia, Pa. USNH, 17th and Pattison Avenue. Permanent Board of Medical Examiners, U. S. Minneapolis: USN Recruiting Station and ONOP. Naval Academy, Annapolis, Md. Station Hospital, USNAS. v Pittsburgh—USN Recruiting Station and U. S. Naval Hospital, Portsmouth, Va. ONOP. USN Recruiting Station and ONOP. U. S. Naval Hospital, Charleston, S. C. Willow Grove—USNAS. t M is s is sipp i U. S. Naval Hospital, Memphis, Tenn. P uerto R ico U. S. Naval Hospital, Pensacola, Fla. Biloxi— Keesler AFB. U. S. Naval Hospital, Key West, Fla. Gulfport— USN Const. Batt. Center. Rodriquez—AH. U. S. Naval Hospital, Jacksonville, Fla. M issouri R hode I sland U. S. Naval Hospital, Corpus Christi, Tex. U. S. Naval Air Station, Dallas, Tex. Kansas City—USN Recruiting- Station and Newport—USNH. U. S. Naval Hospital, Great Lakes, 111. ONOP. Quonset Point—Station Hospital, USNAS. U. S. Naval Air Station, Olathe, Kans. Newbury—USAH, Fort Leonard Wood. Fitzsimons Army Hospital, Denver, Colo. So u t h Car o lin a St. Louis: U. S. Naval Hospital, San Diego, Calif. USNAS Beaufort— USNH. U. S. Naval Hospital, Oakland, Calif. USN Recruiting Station and ONOP. ’ Charleston— USNH. U. S. Naval Hospital, Bremerton, Wash. Columbia: M o n t a n a Naval Medical Unit, Tripler Army Hospital» USAH, Fort Jackson. Honolulu, T. H. Butte—USN Recruiting Station and ONOP. USN Recruiting station. Infirmary, U. S. Naval Station, Coco Solo, Great Falls—Great Falls AFB. Sumter—Shaw AFB. C. Z. Friday, July 19, 1957 FEDERAL REGISTER 5767

The II. S. Naval Hospital, Bainb ridge, struction, drills, and exercises are de­ Executive De pa r t m e n t Maryland, will provide similar service to the signed to provide them with a basic Infantry Drills» watch standing, continued enlisted candidates- at the U. S. Naval Pre­ education and knowledge of the naval indoctrination. paratory School, U. S. Naval Training Center, profession and to prepare them for the Bainbridge, Md., upon completion, of the D e partm en t o p Se a m a n s h ip an» N avigation scholastic entrance examinations. duties of a junior line officer of the Navy. High and exacting academic standards Drills in deck seamanship, boat handling, § 710.66 Appendix V II— Course of in­ Rules of the Road, lqokout procedures, com­ prevail. Only candidates who are munications, and signaling. In preparation struction. All midshipmen at the Naval equipped to assimilate rapidly, who pos­ for the first cruise, a series of lectures is given Academy take the same course of in » sess retentive memories, and are capable at the end of the year for indoctrination in fraction except in Foreign Languages. of intense application may reasonably shipboard functions. The course is of 4 years’ duration. In ­ expect to complete the course. Departm ent op M ar in e En g ineering

F o u r t h C lass—F r e s h m a n Y e a h FIRST TERM

SUMMER TERM Engineering drawing and descriptive geom­ etry. A basic study of the principles of en­ gineering drawing and of intersections of Departments Total Subjects Textbooks hours lines, planes and solids and the development of geometrical surfaces, and their practical application to engineering drawing. Instruc­ Executive’.______— 19 Orientation______V. S. Naval Academy Regulations, Orientation Movies. tion in the use of drawing instruments and Infantry drill______mechanical drafting procedures leading to Seamanship and Navigation. Practical seamanship—,______Elementary Seamanship (by De­ creation of accurate, legible drawings. Appli­ Basic instruction in knot-tying, partment of Seamansbip and pulling whaleboats, sailing, vis­ Navigation.). cations of orthographic and isometric projec­ ual communications and han­ Seamanship (NavPers 16118B). tion to engineering drawings. Sketching and dling motor launches. Bluejacket’s Manual. drawing standard fastenings and pipe, fittings, Ordnance and Gunnery Small arms..______=_____ :_____ employing data obtained from tables of Marine Engineering.__ General marine engineering, basic, Technical Drawing, by Giesecke, shop practices and elementary Mitchell, and Speneer, third standards. Making freehand sketches from drawing. edition, 1949. models and pencil working drawings from Aviation______Introduction to naval aviation. sketches. Producing simple detailed working Electrical Engineering.. Chemistry...______1______Department’s Measurements and drawings from dimensioned assemblies. Mathematical Operations (inimea). Textbook : Technical Drawing, by Giesecke, English, History, and Gov­ Library and Museum orientation. The- Book of the- Navy, by Roberts Mitchell, Spencer, 1949 edition. ernment. and Brentano. Readings in naval history. Webster’s New Collegiate Die* SECOND TERM Lectures in naval history . tionary. Examination....______Handbook for Writers, by Leggett, Engineering drawing. A continuation of Mead, and Charvat (Second the work of the first term leadings ta pro­ Edition). ducing simple assembly drawings from detail Foreign Languages.. Language interviews and assign­ ment to language courses. drawings, a simple set of ship’s lines from a Physical Education. Phyacatachievement tests. Basic Physical Education Plebe Summer table of offsets, and a simple, original design instruction in swimming, box­ Drill Manual (revised). project. ing, and wrestling. Orientation Textbook: Technical Drawing, by Giesecke, in 5 additional sports. Hygiene.,.____ »___ Personal hygiene, including social No textbook is required. Moving Mitchell, Spencer, 1949 edition. and mental hygiene, oral hy­ pictures are employed. Naval boilers. An elementary, descriptive giene, care of the eyes, prevent­ course in naval boilers, their design, con­ able diseases, and rules for main- struction and operation. Briefly covers the taining health. history and development of steam generating units, with emphasis on marine boilers used The total hours shown ahove represent the maximum. The admission, of the new fourth class usually begins by the U. S. Navy. The marine propulsion on the last Monday in June and continues through the early part of the summer. The extent of individual par­ steam cycle and function of the holier unit ticipation depends upon the date of entrance. Annual leave of absence during the summer will not be granted to midshipmen of the fourth class (1st year therein, boiler components, boiler water students!. treatment, the specifications, testing and HRST AND SECOND TERMS combustion of fuel oil, descriptions at opera­ tion boiler types, including forced circulation and nuclear power plants, are studied. Number Total periods of 50 minutes Textbook; Naval Boilers, by Latham, 1956 Studies pursued during regular of weeks Exam- Departments academie year (Summer term Periods (Exam­ {nation edition. not included) 4th class—(1st per week ination Recita­ Practical Evening1 (hours) year’s work) week not tions work lectures Departm ent of M ath em atics included) FIRST TERM Plane Trigonometry,. Slide Rule; Definition Executive: 2 10 20 of trigonometric functions of any angle, nu­ 2 9 18 merical value of functions of special angles; Seamanship and navi­ identities;. Slide Rule solution of right tri­ gation': 1 17 17 angles; Functions of related angles; Radians; 1 8 8. 3 Graphs; Functions of composite angles; Marine engineering: Logarithmic solution of right triangles; Law 1 Engineering drawing and de- 6 19 114 2.5 of sines, law of cosines; Inverse trigonometric 1 scriptive geometry. 6 8 48 3.0 functions; Trigonometric equations. . tinued) .. College Algebra. Inequalities; Complex 4 9 18 18 2.0 numbers: definitions, rules of operation, Mathematics: polar form, DeMoivre’s Theorem, roots; 5.1 1 ‘ 8 40 5 3 10 Theory of Equations; remainder theorem, & . 8 40 2.5 synthetic division; Fundamental Theorem of 5 2.8 14 Algebra, graphs, Deseartes’ Rule of Signs, 5 1 14.2 71 2.5 rational roots, solution of equations. Electrical engineering: 4.75 18 49 36 3.0 Plane Anatgtic Geometry. Fundamental 4.75 17 46 34 3.0 ideas of analytic geometry : The straight line, English, history, and including equations, properties, and applica­ government: tions; The conic sections, including equa­ Composition and literature__ 3 18 53 25 6 17 1 51 1 2.5 tions, properties, and applications; Transfor­ Foreign languages: mation of coordinates and simplification of f Regular course: or advanced 3 18. - 53 3.0 equations; Curve sketching; Polar coordi­ course. 3 1* ; 61 3.0 nates; Parametric equations. Physical education: Textbooks and Slide Rule: 1 Physical education program— 1.6 18 28 Dietzgen Slide Rule Model 1733 with 2 1 n 34 2nd term.__ ___ .. r------Manual. Plane Trigonometry, 3d edition, by Sparks 1 Evening lectures are given outside the regular academic day and are not included In "Periods per week. ’ and Rees. 5768 RULES AND REGULATIONS

Brief College Algebra, revised edition, by SECOND TERM Larousse’s French-English, English-French Hart. Dictionary, by DuBois et al. Composition and Literature. The objec­ Brief Analytic Geometry, second edition, by Carmen et Autres Nouvelles, by Merimee tive content of the term’s work is a chrono­ Mason and Hazard. (edited by Blondheim). logical survey of English literature, but the Logarithmic and Trigonometric Tables by emphasis on practice in speaking and writ­ D epartm ent of P h y sic al Education Department of Mathematics (Reference ing is continued. The course is divided into bo ok ). FIRST AND SECOND TERMS six units: The Elizabethan Period, The SECOND TERM Seventeenth Century, The Eighteenth Cen­ Fundamentals of swimming, boxing, Solid Analytic Geometry. Fundamental tury, The Early Nineteenth Century, The wrestling, gymnastics, golf, tennis, posture, concepts; Equations of planes and lines in Later Nineteenth Century, and The Twen­ volleyball, basketball, handball, and squash space; Quadric surfaces. tieth Century. Each unit is concluded by a racquets. Tests in applied strength, agility, Calculus. Concepts of variable, function, theme. There are four library periods coin­ swimming, boxing, wrestling, and gymnastics. limit; The process of differentiation; Form­ ciding with theme days, and there is a Textbook: Physical Education Drill ulas for differentiating polynominals; Appli­ Library Paper which covers the library work Manual. cation of derivatives to rates and tangents; of both tefms. Successive differentiation and curve sketch­ Textbooks: Dated: July 15, 1957. ing; Application of derivatives to maxima and Handbook for Writers, Leggett, Mead, and By direction of the Secretary of the minima problems; Differentials; Integration Charvat. Navy. of polynominals; The definite integral; The British Poetry and Prose, Lieder, Lovett, Fundamental Theorem of Integral Calculus, and Root. [ seal] R obert D. P owers, Jr., and application to areas, volumes, moments, Webster’s New Collegiate Dictionary. Acting Judge Advocate General. etc.; Differentiation of general algebraic, im­ Shakespeare: Five Plays. plicit and transcendental functions, and ap­ [F. R. Doc. 57-5920; Filed, July 18, 1957; Departm ent of F oreign L anguages plications; Application of derivatives to re­ 8:51 a. m.] lated rates, curvature, radius of curvature; FIRST AND SECOND TERMS Differentiation of parametric equations. Regular course. Brief elementary pro­ Textbooks: nunciation course conducted using depart­ TITLE 16— COMMERCIAL Brief Analytic Geometry, second edition, mental pamphlets or suitable regular texts; by Mason and Hazard. PRACTICES essentials of grammar; conversation on area Unified Calculus, by Smith, Salkover and material. > Chapter I— Federal Trade Commission Justice. Textbooks: D epar tm e n t of Electrical Eng in eerin g Beginning Spanish, A Cultural Approach, [Docket 6580] by Armitage and Meiden. P art 13—D igest of Cease and D esist FIRST AND SECOND TERMS The University of Chicago Spanish Dic­ rders Chemistry. Fundamentals of chemical tionary, by Castillo and Bond. O theory with a study of thè properties of De Que Hablamos? by Starnes and Fernan­ U. S. PACKAGING CORP. ET AL. metals and non-metals. Among specific dez. topics studied in chemical theory are th$ Primer Curso de Ingles, by Sparkman. Subpart—Advertising falsely or mis­ laws of chemical change, atomic structure Beginning French, A Cultural Approach, leadingly: § 13.20 Comparative data or and the periodic table, kinetic molecular by Hendrix and Meiden. merits: § 13.25 Competitors and their theory and the gas laws, thermo-chemistry, Larousse’s French-English, English-French :products: Competitors’ products; S'13.180 solutions, chemical equilibrium, ionization, Dictionary, DuBois et al. Quantity. Subpart — Misrepresenting Lectures Littéraires Graduées, by Crouteau electrochemistry, radioactivity and nuclear oneself and goods— goods: § 13.1720 reactions. Metals studied include the alkali and Selvi. and alkaline earth metals, aluminum, and Beginning German, Alternate edition, by Quantity. iron. Non-metals studied are limited to Schinnerer. (Sec. 6, 38 Stat. 721; 15 U. S. C. 46. Interpret oxygen, hydrogen, halogens, nitrogen and Auf dem Dorfe, by Meyer (Top Sections or apply sec. 5, 38 Stat. 719, as amended; 15 sulfur families, carbon and simple organic only). U. S. C. 45) [Cease and desist order, U. S. compounds. Practical naval applications In der Stadt, by Meyer (Top Sections only). Packaging Corporation et al., Bridgeport, such as corrosion, water treatment, explo­ Langenscheidt’s German-English, English- Conn., Docket 6580, June 21, 1957] sives, chemical warfare, and nuclear energy German Dictionary, by Klatt and Golze. from fission and fusion reactions are also Himmel, Meine Schuhe!, by Froschel (Top This proceeding was heard by a hear­ included. The laboratory work includes both Sections o n ly ). ing examiner on the complaint of the descriptive and quantitative - experiments, Erzähl Mir Was!, by Blauth and Roder- Commission charging a company en­ and a brief introduction to the principles of bourg. gaged in Bridgeport, Conn., in packaging semi-micro qualitative analysis applied to a Say it in German, by Evans and Roseler snow-making chemicals in pressurized few of the more common cations. (Top Sections on ly ). over-sized containers only partially Textbooks: Pamphlet on Portuguese Pronunciation. Sisler, VanderWerf, and Davidson, College Brazilian Portuguese Grammar, by Sa filled, under the trade name of “Frosty Chemistry, 1953. Pereira. Snow” , for sale mainly during the Department’s Chemistry Laboratory Man­ McKay’s Modern Portuguese-English, Eng- Christmas season, with representing ual and Department Notes, 1956 edition. lish-Portuguese Dictionary, by Richardson falsely in advertising and counter dis­ and Sa Pereira. plays furnished to dealers that because D epartm en t of En g l is h , H isto r y, and Departmental Transcription (Portuguese). G overnm ent its containers were larger than those of Russian Conversation and Grammar, by competitive brands, a larger amount of fir st term Lemieux. snow would be produced therefrom, and Russian-English Dictionary, by Smirnitzky. Composition and Literature. Primary em­ Present Day Italian, by Russo. that the amount of snow produced from phasis is on composition— exposition, narra­ McKay’s Modern Italian-English, English- an ounce of its material was substan­ tion, and argumentation. Writing tech­ Italian Dictionary, by Purves. tially greater than that produced by an niques are illustrated by selections from Sotto un Cielo Azzurro, by Russo. ounce of competitors’. twenty-seven leading American authors. The Advanced course. (Those midshipmen After approval of an agreement be­ course is divided into ten units: Autobio­ Who have the equivalent of at least one year graphical Writing, Character Portrayal, Nar­ tween the parties containing^ consent of college French or Spanish, and who qualify order, the hearing examiner made his ration and Reporting, Comparison and Con­ by examination, are permitted to enroll in trast, Development of an Idea, Understanding the advanced course.) Accelerated Course, initial decision and order to cease and American Poetry, Correspondence, Under­ First Term. Thereafter parallels the Third desist which became on June 21 the deci­ standing American Fiction, Argument, and Class Regular Course. sion of the Commission. Public Speaking. Each unit is concluded Textbooks : The order to cease and desist is as by a theme, a stated quiz, or a speech. There Beginning Spanish, A Cultural Approach, follows: are four library periods, coinciding with by Armitage apd Meiden. theme days. The University of Chicago Spanish Diction­ I t is ordered, That respondent U. S. Textbooks:* ary, by Castillo and Bond. Packaging Corporation, a corporation, Handbook for Writers, Leggett, Mead, and Platicas y Temas, by Guyer and Ugarte. and its officers, and Abraham O. Samuels, Charvat. . Antologia de Cuentos Espanoles, by Hill H. R. Shepherd, Jack Sehenberg, and Major American Writers, Jones, Leisy, and and Buceta. Herbert L. Cohen, individually and as of­ Ludwig. Naval Phraseology, U. S. Naval Institute. Webster’s New Collegiate Dictionary. Beginning French, A Cultural Approach, ficers of said corporation, and respond­ A Guide to Efficient Study. by Hendrix and Meiden. ents’ representatives, agents and em- Friday, July 19, 1957 FEDERAL REGISTER 576» ployees, directly or through any corpo­ Following an agreement between coun­ amended to exempt penicillin troches rate or other device, in connection with sel for a consent order disposing of the and bacitracin ointment from the certi­ the offering for sale, sale, and distribution charges, the hearing examiner made his fication requirements under section 507 of materials or preparations for use in initial decision and order to cease and of the Federal Food, Drug, and Cos­ making artificial snow, in commerce, as desist which became on June 21 the deci­ metic Act, provided the drugs comply “commerce” is defined in the Federal sion of the Commission. with certain prescribed standards. Since Trade Commission Act» do forthwith The order to cease and desist is as that time a number of veterinary prepa­ cease and desist from: follows: rations that contain penicillin, strepto­ mycin, dihydrostreptomycin, Chlortetra­ 1. Representing, directly or by impli­ I t is ordered, That respondent Roy M. cycline, or bacitracin have also been cation: Bloom, Inc., a corporation, and its of­ exempted, under certain conditions. (a ) That the size o f the container is a ficers and respondent Roy M. Bloom, One of these conditions is that the label determination of the amount of artificial individually and as an officer o f said snow that will be produced therefrom. corporation, and respondents’ agents, of each package shall bear an expira­ tion date which is determined from the (b) That respondents’ product will representatives and employees, directly date “ during which the batch was last produce more artificial snow than com­ or through any corporate or other device, petitive brands by any method of meas­ assayed and released by the manu­ in connection with the offering for sale, facturer.” urement or determination, unless such is sale or distribution of their device or the fact. apparatus designated “Port-A-Temp” , or (b) It has come to the attention of the Food and Drug Administration that 2. Offering for sale or selling their any other device or apparatus o f sub­ a number o f manufacturers and/or re­ products in containers or packages of a stantially similar construction and de­ size or capacity in excess of that reason­ signed to operate on the same or similar packers do not test these drugs to deter­ ably required for packaging the quantity principle, whether sold under the same mine if they comply with the standards of product actually contained therein. name or any other name, in commerce, prescribed for them by the regulations. as “ commerce” is defined in the Federal It is the position of the Food and Drug By “Decision of the Commission” , etc.r Administration that if each batch of such report o f compliance was required as Trade Commission Act, do forthwith cease and desist from: drugs is not tested by the manufacturer follows: or his agent to determine whether it 1. Using the words “Air Conditioner” , complies with the standards of identity, It is ordered, That the respondents or any other word or words of similar strength, quality, and purity prescribed herein shall within sixty (60) days after import or meaning, either alone or in service upon them of this order, file with combination with any other word or for it, the batch is not exempt from certification and it may be deemed to be the Commission a report in writing set­ words, to designate, describe or refer to misbranded under section 562 (1) of the ting forth in detail the manner and form said device or apparatus. act when in interstate commerce. in which they have complied with the 2. Representing, directly or by impli­ order to cease and desist. cation, that said device will purify, de- (Sec. 701, 53 Stat. 1055, as amended; 21 Issued: June 21,195T. humidify, deodorize or cool air. IJ. S. C. 371. Interprets or applies sec. 502, 52 Stat, 1050, as amended, sec. 507, 59 Stat. By the Commission. By “Decision of the Commission”, etc., 463, as amended; 21 U. S. C. 352, 357) report of compliance was required as [ s e a l ] R o b e r t M . P a r r ish ; Dated: July 12, 1957. Secretary. follows: [ s e a l ! G e o , P . L a r r ic k , I t is ordered, That the respondents JF. R. Doc. 57-5901; Filed, July 18, 1957; Commissioner of Food and Drugs. 8:47 a. m.J herein shall, within sixty (60) days after service upon them iff this order, file with [F. R. Doc. 57-5916; Filed, July 18, 1957; the Commission a report in writing set­ 8:50 a. m.] ting forth in detail the manner and form in, which they have complied with the [Docket 6723] order to cease and desist., TITLE 19— CUSTOMS DUTIES Part 13—D igest o f Cease and D esist Issued: June 21,1957. O rders Chapter I-—Bureau of Customs, By the Commission. Department of the Treasury ROT M. BLOOM, INC. AND ROY M. BLOOM [ s e a l ] R o bert M . P a r r ish , [T. D. 543931 Subpart—Advertising falsely or mis­ Secretary. leadingly: § 13.135 Nature: Product or C e r t a in I m po r t e d A r t ic l e s S u b j e c t tq service; § 13.170 Qualities or properties [F. R. Doc. 57-5900; Filed, July 18, 1957; I n t e r n a l R e v e n u e T a x e s 8:47 a. m.] of product or service. Subpart— Using Correction misleading name—goods: §13.2315 Na­ ture; § 13.2325 Qualities or properties. In F. R. Doc. 57-5662, appearing at TITLE 21— FOOD AND DRUGS page 4912 of the issue for July 12, 1957, (Sec. 6, 38 Stat, 721; 15 U. S. C. 46. Interpret the following changes should be made: or apply sec. 5r 38 Stat. 719, as amended; Chapter I— Food and Drug Adminis­ 1. In item 1 under Part 19, the refer­ 15 U. S. C. 45) [Cease and desist order, tration, Department of Health, Edu­ Roy M. Bloom, Inc., et al., New York, N. Y., ence “ § 270.199 of this chapter” should Docket 6723, June 21,1957] cation, and Welfare read “ 26 CFR 270.199” . 2. The headings should read as set P art 146— G e n e r a l R e g u l a t io n s for t h e This proceeding was heard by a hear­ forth above. ing examiner on the complaint of the C ertification o f A n t ib io t ic a n d A n t i - Commission charging a seller in New b iq t ic -C q n t a in in g D rug s York City with representing falsely in ASSAY REQUIREMENTS FOR ANTIBIOTIC DRUGS advertisements in newspapers, by circu­ EXEMPTED FROM CERTIFICATION TITLE 22— FOREIGN RELATIONS lars, etc., and by use of the words “A ir Chapter I— Department of State Conditioner” , that its ‘Port-a-Tem p” Pursuant to the provisions o f the Fed­ device— a rubber and plastic receptacle eral Food, Drug, and Cosmetic Act (secs. [Dept. Reg. 108.323] 502 (1), 507 (c ), 701 (a ), 52 Stat. 1055-, in which a fan drew air through a fiber P art 41—V isa s : D ocumentation o f N o n ­ glass filter over two small cans o f refrig­ 59 Stat. 463, 61 Stat. II, 63 Stat. 409, 67 Stat. 389; 21 U. S. C. 352 (1), 357 (c), 371 im m ig r a n t A l ie n s U nd er t h e I m m ig r a ­ erant (required to be cooled periodically t io n an d N a t io n a l it y A ct in the refrigerator) and expelled it (a )), the following statement of in­ through grilled openings in the front of terpretation is issued: P art 42—V is a s : D ocumentation o f I m ­ the housing—performed all the functions § 146.11 Assay requirements for anti­ m ig r a n t s U nd er t h e I m m ig r a t io n a n d N a t io n a l it y A c t of an air conditioner, and would purify biotic drugs exempted from certifica­ and deodorize and significantly dehu- tion. (a) On December 3,1953, the regu­ miscellaneous a m e n d m e n t s midify and cool hot air in the home, lations for the certification of antibiotic Parts 41 and 42, Chapter I, Title 22 office, automobile, etc. and antibiotic-containing drugs were of the Code of Federal Regulations, are 5770 RULES AND REGULATIONS hereby amended in the following re* of section 4 of the Administrative Pro­ 7. Section 1.154 is amended by cancel­ spects : cedure Act (60 Stat. 238; 5 U. S. C. 1003) ling the words “ and residence” in para­ 1. Paragraph (a) of § 41.100 Tempo­ relative to notice of proposed rule mak­ graph (a). rary workers and trainees, is amended to ing and delayed effective date are in­ 8. Section 1.162 is amended by adding read as follows: applicable to this order because the regu­ the following sentence: “Where the plant (a) No alien shall be accorded con­lations contained therein involve foreign is a newly found plant the oath must also sideration as a nonimmigrant under the affairs functions of the United States. state that it was found in' a cultivated provisions of section 101 (a) (15) (H ) Dated: July 8,1957. area.” of the act unless the consular officer 9. Section 1.163 is amended by adding shall have received from the Immigra­ R oderic L. O ’C o n n o r , the following at the end of paragraph tion and Naturalization Service a peti­ Administrator, Bureau of ( a ) : “In the case of a newly found plant, tion filed by the alien’s prospective em­ Security and Consular Affairs. the specification must particularly point ployer and approved in accordance with [F. R. Doc. 57-5936; Filed, July 18, 1957; out the location and character of the the provisions of section 214 (c) of the 8:54 a. m.] area where the plant was discovered.” act. Subject to the provisions of § 42.28 10. Section 1.196 is amended by in­ of this chapter, consular officers shall, serting the word “appealed” before the upon receipt of such a petition, grant tlTLE 37— PATENTS, TRADE­ word “claim” in the first sentence of the nonimmigrant status indicated in the MARKS, AND COPYRIGHTS paragraph (b). petition: Provided, That the approval of 11. Paragraph (b) of § 1.203 is such a petition shall not, of itself, estab­ Chapter I— Patent Office, Department amended by cancelling the second sen­ lish that the alien is a bona fide non­ of Commerce tence, and by cancelling the words “ upon immigrant or that he is otherwise eligible a proper showing” in the fourth sentence. P art 1— R u l e s o f P ractice i n P a t e n t to receive a nonimmigrant visa. 12. Section 1.248 is amended by chang­ C ases ing the words “ or registered mail” in 2. Section 42.26 Procedure in granting MISCELLANEOUS AMENDMENTS paragraph (d) to read “mail which may preference, is amended to read as fol­ also be certified or registered.” lows: The following amendments to the 13. Section 1.273 is amended by can­ rules of practice in patent cases are made § 42.26 Procedure in granting pref­ celling the words “ sworn proof of” in to take effect thirty days after publica­ erence status. No alien shall be accorded the last sentence of paragraph (b) and tion in the F ederal R e g ister . Advance consideration as a quota immigrant en­ substituting “ a statement signed by the .notice of proposed rule making was not titled to first, second, third, or fourth attorney as to”. given since the changes relate to minor preference status unless the consular 14. Section 1.304 is amended by insert­ 'details of procedure and clarification of ing the following sentence before the officer shall have received from the Im ­ language, and such publication was not migration and Naturalization Service a last sentence: “ The times specified here­ considered necessary or useful. petition filed and approved in accordance in are calendar days. If the last day of The purpose of the amendment to with the provisions of section 204 or sec­ the time specified for appeal or com­ § 1.304 is to make the computation of mencing a civil action falls on a Satur­ tion 205 of the act. Subject to the pro­ time the same in the review of Patent visions of § 42.28, consular officers shall, day, Sunday or legal holiday, the time is Office decisions by Civil action as in the upon receipt of such à petition, grant extended to the next day which is neither review by appeal and the amendment is the status indicated in the petition, but a Saturday, Sunday nor a holiday.” madb in exercise of the authority under further consideration of the case of such 15. Section 1.317 is amended by cancel­ 35 U. S. C. 142, 145 and 146. immigrant shall be in the order of his ling the last phrase reading “ and a veri­ 1. Section 1.7 is amended by: priority among other immigrants in the fied statement in support of the petition” a. Cancelling the phrase “ unless same classification as determined under and substituting in place thereof “and otherwise indicated” in the first sentence. the provisions of § 42.25. a verified showing (as for example that b. Inserting the words “in the Patent the delay was unavoidable) in support of 3. Section 42.27 Petitions for nonquota Office after the word “fee”, first the petition.” immigrant status, ifl amended to read as occurrence. 16. Section .1.341, paragraph (c) is follows: c. Adding the following sentence: amended by cancelling the words “served § 42.27 Procedure in granting non­ “ See § 1.304 for time for appeal or for for three years” in the last sentence and quota status in petition cases. No alien commencing civil action.” substituting “actively served for four shall be accorded consideration as a non­ 2. Section 1.23 is amended by can­ years”. quota immigrant entitled to the status of celling “or postal notes payable in Wash­ ington, D. C.” from the first sentence. (Sec. 1, 66 Stat. 793; 35 U. S. C. 6. In­ minister of a religious denomination terpret or apply sec. 1, 66 Stat. 802, 803; 35 under the provisions of section 101 (a) 3. Section 1.36 is amended by can­ U. S. C. 142, 145, 146) , celling the second sentence and substi­ (27) (F) (i) of the act, or to the status Dated: July 15,1957. of a child or spouse of a citizen of the tuting: “An attorney or agent, except an United States under the provisions of associate attorney or agent whose ad­ [ seal] R obert C. W atson, section 101 (a) (27) (A ) of the act, unless dress is the same as that of the principal Commissioner of Patents. attorney or agent, will be notified of the the consular officer shall have received Approved: from the Immigration and Naturaliza­ revocation of his power of attorney or tion Service a petition filed and approved authorization and the applicant will be Sinclair W eeks, in accordance with the provisions of notified of the withdrawal of the attor­ Secretary of Commerce. section 204 or section 205 of the act. ney or agent.” [F. R. Doc. 57-5918; Filed, July 18, 1957; Subject to the provisions of § 42.28, con­ 4. Section 1.76 is amended by can­ 8:50 a. m.] sular officers shall, upon receipt of such celling the first sentence and substi­ a petition, grant the status indicated in tuting: “When the oath is attached to and refers to the petition, specification the petition, but further consideration of and claim to which it applies, the speci­ TITLE 38—-PENSIONS, BONUSES, the case of such immigrant shall be in fication need not be signed. Otherwise AND VETERANS’ RELIEF the order of his priority among other it must be signed by the applicant in Chapter I— Veterans Administration immigrants in the same classification as person.” determined by the date on which the ap­ 5. Paragraph (g) of § 1.84 is amended P art 4—D ependents and B eneficiaries proved petition was filed with the ^At­ by inserting the following sentence be­ Claims torney General. fore the last sentence: “ Arrows may be DEPENDENCY AND INDEMNITY (Sec. 104, 66 Stat. 174; 8 Ü. S. C. 1104) required, in proper cases, to show direc­ tion of movement.” COMPENSATION The regulations contained in this order 6. Section 1.153 is amended by can­ 1. Immediately following § 4.422a, a shall become effective upon publication celling the word “ specific” and the words new centerhead and §§4.424 through in the F ederal R eg ister . The provisions ftor permitted” in the second sentence. 4.427 are added as follows: Friday, July 19, 1957 FEDERAL REGISTER 5771

DEATHS PRIOR TO JANUARY 1, 1957 and indemnity compensation, payments plied for dependency and indemnity to her and to the children of the de­ compensation, (1) dependency and in­ Sec. demnity compensation to each such child 4.424 Right of election. ceased person, including children over 4.425 Nonduplication of benefits. the age of 18 and children not in the shall not exceed the amounts which 4.426 Finality of election. widow’s custody, shall thereafter be would be paid if the application had been 4.427 Elections within class of dependents. made under Title II, Public Law 881, made by, or on behalf of, all such chil­ dren, and (2) benefits paid to each child A u t h o r it y : §§4.424 to 4.427 issued under 84th Congress, and payments shall not sec. 5, 43 Stat. 608, as amended, sec. 2, 46 thereafter be made to them by reason under any other law administered by the Stat. 1016, sec. 7, 48 Stat. 9; 38 U. S. C. of the death of the deceased person Veterans Administration providing for 11a, 426, 707. Interpret or apply sec. 209, under: the payment of death compensation, 70 Stat. 867; 38 U. S. C. 1119. (1) Any other law administered by shall not exceed the amounts which the Veterans Administration providing would be paid to him if no such applica­ §4.424 Right of election— (a) Widow tion had been made. or child. Any person who, on or after for the payment of compensation or pen­ December 31, 1956, is eligible as a widow sion, or (Sec. 206 (c ), Pub. Law 881, 84th Cong.) or child for .death compensation under (2) The Federal Employees’ Compen­ sation Act. (b) Parents. I f there are two parents any other law administered by the Vet­ of a deceased person eligible for de­ erans Administration by reason of a (Sec. 206 (b ) (1 ), Pub. Law 881, 84th Cong.) pendency and indemnity compensation, death occurring before January 1, 1957, (b) Children (.no widow) and parents. and an application for benefits is not may receive dependency and indemnity Whenever the child or parent of any de­ made by both parente, (1) dependency compensation upon application therefor, ceased person is granted dependency and and indemnity compensation paid to the without regard to clause (1) of section indemnity compensation, payments shall parent who applies therefor shall not ex­ 209 (c) of the act. not thereafter be made to such child or ceed the amounts which would be paid to (Sec. 206 (a) (1), Pub. Law 881, 84th Cong.) parent by reason of the death of the de­ him if both parents had so applied, and (2) benefits paid to the other parent (b) Parent. Any person who, on or ceased person under: (1) Any other law administered by the under any other law administered by the after December 31; 1956, is eligible as a Veterans Administration providing for parent, or, but for his annual income, Veterans Administration providing for the payment of compensation or pension, the payment of death compensation shall would he eligible as a parent, for death not exceed the amounts which would be compensation under any other law ad­ or (2) The Federal Employees’ Compen­ paid to him if no such application had ministered by the Veterans Administra­ been made. tion by reason of a death occurring on sation Act. or before that date may receive depend­ (Sec. 206 (b ) (2 ), Pub. Law 881, 84th Cong.) (Sec. 206 (d ), Pub. Law 881, 84th Cong.) ency and indemnity compensation upon (c) Adjustments. (1) When an award 2. In § 4.445, paragraph (h) is re­ application therefor, without regard to of dependency and indemnity compen­ voked as follows : clause (1) of section 209 (c) of the act; sation is made covering a period for however, the annual income limitations § 4.445 Commencing dates of original which death compensation, servicemen’s awards of dependency and indemnity established by section 205 of the act shall indemnity or benefits under the Fed­ apply to each such parent. compensation. * * * * eral Employees’ Compensation Act based (h) Bureau of Employees’ Compensa­ (Sec. 206 (a) (2), Pub. Law 881, 84th Cong.) on military service have been paid to the tion cases. [Revoked] (c) Form of election. The applica­ same payee based on the same death, the award of dependency and indemnity This regulation is effective July 19, tion for dependency and indemnity com­ 1957. pensation need not be made on a specific compensation shall be made subject to form. A statement in writing Over the payments of death compensation or [ s e a l ] J o h n S. P a t t e r so n , payee’s signature (or the signature of benefits under the Federal Employees' Deputy Administrator. Compensation Act over the same period, the fiduciary) may be accepted as a valid [F. R. Doc. 57-5921; Filed, July 18, 1957; application for dependency and indem­ and to installments of servicemen’s in­ 8:51 a. m.] nity compensation. demnity due on or after the commencing (d) Limitation on election. An ap­ date of the award of dependency and in­ plication for dependency and indemnity demnity compensation. TITLE 43— PUBLIC LANDS: (2) When a retroactive award of de­ compensation may not be filed or with­ INTERIOR drawn after the death of the widow, pendency and indemnity compensation child or parent. is made to or for a child over the age Chapter I— Bureau of Land Manage­ (e) Bureau of Employees’ Compensa­ of 18 years and the widow has received ment, Department of the Interior tion cases. (1) Except as provided in death compensation on behalf of such subparagraph (2) of this paragraph, a child at a higher rate than the rate of Appendix— Public Land Orders dependency and indemnity -compensa­ person who had elected to receive ben­ [Public Land Order 1445] tion which is payable to her over the efits under the Federal Employees’ Com­ [Idaho 05295] pensation Act based on military service same period, the difference will be offset of the same veteran may elect to receive against the award of dependency and I daho indemnity compensation otherwise pay­ dependency and indemnity compensa­ r ese r v in g p u b l ic l a n d s w i t h i n cache tion. The commencing date of an award able for the child, I f awards of de­ pendency and indemnity compensation NATIONAL FOREST FOR USE OF FOREST will be determined under § 4.445 (a ). SERVICE AS ROADSIDE ZONES The award will be subject to offset of are being made for more than one child Payments received as provided in § 4.425 over the age of 18, the amount to be off-? By virtue of the authority vested in the (c) ( l ) . set will be equally divided. President by the act of June 4, 1897 (30 (2) A person who received benefits § 4.426 Finality of election. A person Stat. 34, 36; 16 U. S. C. 473) and other­ under the Federal Employees’ Compen­ shall be considered to have been “ granted wise, and pursuant to Executive Order sation Act based on service in the Public dependency and indemnity compensa­ No. 10355 of May 2t6,1952, it is ordered as Health Service or received a lump sum tion” when he (or his fiduciary) has ne­ follows: Settlement in lieu of monthly payments gotiated one check for this benefit or Subject to valid existing rights, the (as authorized by sec. 14 of the Federal dies after filing an application and prior following-described public lands within Employees’ Compensation Act) was not to receipt or negotiation of a check. the Cache National Forest in Idaho are “eligible * * * for death compensation” There is no right of reelection. hereby withdrawn from all forms of ap­ on December 31,1956, based on the same propriation under the public land laws, § 4.427 Elections within class of de­ including the mining but not the miner­ death and may not elect dependency and pendents— (a) Children. If children of indemnity compensation. al-leasing laws nor the act of July 31, a deceased person are receiving death 1947 (61 Stat. 681; 69 Stat. 367; 30 U. S. C. § 4.425 Nonduplication of "benefits— compensation under any other law ad­ 601-604) as amended, and reserved for (a) Widows. Whenever the widow of a ministered by the Veterans Administra­ use of the Forest Service, Department of deceased person is granted dependency tion, and all such children have not ap­ Agriculture, as roadside zones: 5772 RULES AND REGULATIONS

B o is e M e r id ia n T. 10 S., R. 42 E„ partly uneurveyed STRAWBERRY— SHARON, « ’OREST HIGHWAY, FRANKLIN BASIN, FOREST DEVELOPMENT ROAD, . Bee. 28, Sy2JNEi48Wi4 and S E ^ S W ^ -; ROADSIDE ZONE ROADSIDE ZONE Sec. 32, I ^ N W y 4 and Wy2SW:y4. T.12 S., R. 41 E„ A strip of land 200 feet on each side of the A strip of land 100 feet on BatSh side of Sec. l,NEy4NEy4 (unsurveyed). center line, of Strawberry—Sharon Forest the center line of Franlclin. Basin Idaho Hoad T. 11 S..R.41E., Highway through the foUowing legal sub­ divisions: through the following legal subdivisions: Sec. '27, Wy2»W }4 , SE ^N W y^, -and E% SW 14.1 T. 15 S., R. 41 E., unsurveyed, T. 12 6 „ R. 41 E., ;partly .unsurv&yed, Sec. 34, NEy4NWy4, N%NEy4, an d BEJ4 Sec. 2, N%SW»/4 and S E ^S W 1^ Bee. 36,JE.y4SW 14 , S &NE,yi, and N E 14NE14. NW i4: T. 12 S„ R. 42 E., sec. 3, nyasy2; Bee. 35, SyaNy2; Sec. 4, S%6WV4; Sec. 20, S 14SW 14., Wy^SEyi, andUEy4SEy4: sec. 36, sw.y4u w .14, N.y,swiA. w y aSEy4 , 2 1 Sec. 5,‘S%Byfr; Sec. , NyaNEy4 andNWy4SWyi; an d BE 14 SE 14. Sec. 22, N % N % ; sec. e, w y ?N W }(; T. 11B., R. 42 E.,*unsurveyed, Sec. 23, N% N% ; Sec. 11, N E ^ N W 1^, NWy4SEy4„ and E & SW V U Sec. 3, w y a'NWy4 andBWi/4; sec. 29, Nwy4Nwy4: Sec. 14, UEy4NW }4 , SW % N E % , and W& Sec. ,7,E%SEy4;. Bee. 30, lots 3 and 4, SEy4NWy4, ey&NEy4, and N®y4NEy4 ; HEy4; Sec. e, wy>wy4: Bee. 31, lo t i. Sec. .23, W%NEy4, B£y4NEy4, and NE% Sec. 17, w y aw y a; T. 13 S., R. -41 E„ partly unsurveyed, ■SEy4; Sec. 20, N.y2Nw y4 , SE'y4 NEy4 , UEy4Sw y4, sec. 1 , Nw y4sw y4 , wy^wwyi, and UE 54 Sec. 24, W^SWy4, BE%SWi4, and SE14 and W 14SE.14; Nwy4i SE>4; Sec. 29, W% NEy4 ,SEy4NEi4 . and TSy2 SE14: Sec. 2, E%SEy4; Sec. 25, t p w %i S W ^ N W i4 , and W»/a Sec. 32, N E 14WE14; swy4; Sec.3, SEy4SWy4 and Sec. 33, W p w y 4, S E 14NW 14, NEi4SWy4, Sec. 9, WyaSEy4 and Sy2tiEy4; Sec. 85, Ei/2NE%1 Sec. 10, N»4Ny4; Sec. 86, SW%NWy4, *T$fcSW%, >amd SE% and Wy2SB%. T. 12 S., R. 42 E., s w % . sec. li, wy4 Nwy4 , SEy4Nwy4. Nwy4NEy4, andUi/aBW^NEJ^. T. 16 S., R. 41JS„ Sec. 4, lot 2, SWy4NEy4, and Wy2SEy4; Sec. I, NEi4NW i4, W%NEy4, NWy4SWy4 sec. 8, Nwy4Nwy4, sEy4Nwy4, and sy2 The tracts described contain 58.2 acres. SE14, and S & S W 14SE 14;; NEy4 ; The order shall take precedence over Sec. 12, Wi/2NE%, N%SEi4, and SEftSE^. Sec. 6, lot 4, SEy4NWy4, SW%NEy4, N% but not otherwise affect the ■existing res­ T. 16 B„ R. 42 E., SE 14, and BE 14SE 14:; Sec. 18, Wy2WW%, N%SW%, and BE% ervation of the lands for national forest Sec. 9, sy2Nwy4, NEy4Nwy4, w y aNEy4, and purposes. swyi; SEy4JiBy4; sec. 19, wy 2w y 2; Sec. 10, sy2Ni/2; R oger C. R r n s t , Sec. 3Q, W%W%, Sec. 1-1 , S W 14NW 14., uy4®wy4, and Ny2 Assistant Secretary of the Interior. The tracts described contain 37.6 acres. SE1/4; Ju ly 12,1957. SAINT CHARLES CANTON, FOREST DEVELOPMENT B ec.i2, w y 2u w y 4 sw y4 and Ey2w y 2SEy4 . ROAD, ROADSIDE-ZONE JF. R. Doc. 37-5887; Filed, July 18,1957; T h e tracts described contain Tia .97 acres. 8 A strip of land ‘200 Seet on each side of :45 a. m.’] the center line of Saint Charles 'Can yon Road through „ the following legal sub­ divisions.: T. 15 5., R . 42 E „ Sec. 23, SE%SW*%, an d NE % PROPOSED RULE MAKING SE%.; Sec. 24, Ny2SWV4, S E ^ N W ^ , and Sy2 n e ^4; Sec. 27, N E ^S E V i. DEPARTMENT OF THE -INTERIOR SALE OF TIMBER T. 15 S.,R. 43 E., Sec. 115.15 Statutory authority. Sec. 17, lots 1 and 2, SE^S-W^, and NEy4 Bureau of land Management SE%; 115.16 Definitions. 11517 Annual 'timber sale plan. Sec. 19, lots 1, 2,8, and 4, N E ^N W 1^, and t 43CFR PartH5 1 115.18 Advertising. N % NE>4" R evested O reg o n a n d C a l if o r n ia R a il ­ Sec. 2Q, N ^N W ,i4. 115.19 Appraisal and meaeurement. road and R e c o n v e n e d C oos B a y W a g o n 115.20 'Competitive sales. The tracts described contain 29.6 acres. R oad 'G r an t L an d s .i n O r e g o n 115.21 .'Negotiated sales. 11522 "Qualifications of bidders. ST. CHARLES—GREEN CANTON, FOREST DEVELOP­ SALE OF TIMBER •115.23 Deposits with bids. MENT ROAD, ROADSIDE ZONE Notice is ¿hereby given that pursuant 115.24 Conduct of sales. A strip of land IDO feet on each side of the ±0 the authority vested in the Secretary ITS 25 Awardtof contract. center line of St. Charles-Green Canyon 11526 Contract forms. Road through the following legal subdivi­ o f the Interior ¡by the Act of August 28, 11527 ¡Performance bonds. sions: _ 1837 (50 Stat. 874») and Revised Statutes 11528 Payments. T. 15 S., R . 42 E., 2478 (43 U. S. C. 1201), sand as a result 11529 Thnelor cutting. Sec. 25, N # S E % , N ^ S W ft , and SWy4 of the removal of marketing reefurre- 11530 Extension of time. SWy4 ; ments for timber /4l and Reconveyed Coos Bay Wagon Road and S%NWy4 . objections with respect to the proposed T. 16 S., R. 42 E„ regulations to the Bureau of Land Man­ Lands and directs that such lands shall sec. 2 , w ^ w y 2; agement, Washington 25, D. C„ within be managed for permanent forest pro­ ’Sec. 1 1 , w y 2'w y2: 30 days from the date of publication o f duction and ih e timber thereon sold, cut Sec. 14, W & W y2i and removed in conformity with the Sec. 22, Sy2NEi4 , NW%SE%', and this notice in the Federal R egister. principle of sustained yield for the pur­ Sec. 23, w y 2NWi/4 and SW%SWy4; R oger C. E r n s t , Sec. 26, Ny23SrW»A, SEi/4NWy4, and E V, pose of providing a permanent source of SW14. Assistant Secretary of the Interior. limber supply, protecting watersheds, The tracts described contain 25.2 acres. J u l y 15,1957. regulating streamflow and contributing to the economic stability of local ^com­ MEADOW VIEW, FOREST DEVELOPMENT ROAD, The present § § 115.15 to 115 JB4, includ­ ROADSIDE ZONE ing the center heads preceding and munities and industries and providing recreational facilities. A Strip of land 200 feet on each side of the within such portion -.of -this part are re­ center line of Meadow View Road through voked and the following issued in lieu §115.16 Definitions. Except as the the following legal subdivisions: thereof: context may otherwise indicate, as the Friday, July 19, 1957 FEDERAL REGISTER 5773

terms are used in §§ 115.15 to 115.32 and one week after the last advertisement. highest bidder shall then be determined in contracts issued thereunder: No competitive sales shall be offered by by lot. In oral auction sales the high (a) “Bureau” means Bureau of Land the authorized officer unless there is bidder must confirm his bid in writing Management, D ep artm en t of the access to the sale area which is available immediately upon being declared the high bidder. Except for the first bid, Interior. to anyone who is qualified to bid. (b) “Director” means the Director no oral bid will be considered or recorded § 115.21 Negotiated sales, (a) When which is not higher than the highest of the Bureau of Land Management. it is determined by the authorized officer (c) “Authorized Officer” means the preceding bid. to be in the public interest, he may sell (b) A t the request of the authorized Government official who has been duly at not less than the appraised value, authorized to sign a contract for the sale officer, or the officer conducting the sale, without advertising or calling for bids, bidders must furnish evidence of qualifi­ of timber from O & C lands or to super­ timber not exceeding an estimated vol­ vise operations and take action under cation in conformance with section 115.22 ume of 100 M board feet or, if the timber or if such evidence has already been such contract. is not measured in board feet, a quan­ (d) “ O. and C. Lands”—see § 115.2 furnished, make appropriate reference tity not exceeding $2,000 in appraised to the record containing it. (e) “ Timber” means standing trees, value; Provided, That not more than downed trees, logs or forest products of (c) When it is in the interest of the two such sales may be made to or for Government to do so the authorized any type. , . . . the benefit of any one person, partner­ (f) “Salvage” means trees that have officer may reject any or all bids and may ship, association or corporation in any waive minor deficiencies in the bids or been killed or are dying because of wind, period of twelve consecutive months. fire, insects, disease or other similar the timber sale advertisement. (b) 'When it is determined by the au­ (d) f f no bid is received within the cause, or defective trees or logs remain­ thorized officer to be in the public in­ ing from a previous logging operation. time specified in the advertisement of terest or to be necessary for the normal sale, and if the authorized officer de­ § 115.17 Annual timber sale plan. conduct of logging, he may sell to a termines that there has been no signifi­ Plans for the sale of timber from the O. holder of a timber sale contract, during cant rise in the market value of the and C. lands will be developed annually. the term thereof, without advertising timber, he may in his discretion, keep Suggestions from prospective pin-chasers or calling for bids, additional timber not the sale open for not to exceed 90 days of such timber may be received to assist to exceed 250 M board feet within or by posting notice thereof in a conspicu­ in the development of a sound annual near the contract area. Such sale of ous place in the office where bids are to timber sale plan. Such plan shall be ad­ additional timber shall be at not less be submitted. If during such period a vertised before the commencement of than the appraised value at the time of written bid is submitted, together with each calendar year or as soon there­ the additional sale. the required deposit, for not less than after as possible in a newspaper of gen­ (c) Timber on the right-of-way of a the advertised appraised value, a notice eral circulation in the marketing area in logging road and danger trees adjacent of such bid shall be posted immediately which the timber is located. Such ad­ to the right-of-way may be sold at not after receipt of such bid for seven suc­ vertisement shall indicate generally the less than the appraised value without cessive days in the same office and in «the probable time when the various tracts of advertising or calling for bids to (1) a same manner. I f no other written bid timber included in the plan will be offered permittee who constructs a road pur­ is received during the seven day posting for sale, and the probable location and suant to a permit issued under this part period, the sole bidder shall be deemed anticipated volumes of such tracts. The or (2) a contractor who is constructing the high bidder. If, however, during authorized officer may subsequently a road with Government funds. such seven day posting period other change, alter or amend the annual § 115.22 Qualifications of bidders. A written bids are received, an oral auction timber sale plan. bidder for the sale of timber must be shall be conducted in the usual manner § 115.18 Advertising, (a) Competitive authorized to transact business in the for those who have submitted written timber sales shall be advertised in a State of Oregon and must have submit­ bids. The authorized officer shall notify newspaper of general circulation in the ted a deposit in advance of sale as re­ those who have submitted written bids of the time and place of the oral auction. area in which the timber is located and quired by § 115.23. The written bids shall be considered the a notice of the sale shall be posted in a ¿115.23 Deposits with bids. Sealed initial bids in such oral auction. I f there conspicuous place in the office where bids bids must be accompanied by a deposit of are to be submitted. Such advertisement not less than 10 per cent of the appraised is a tie in the high written bids that are submitted during the seven day posting shall be published on the same day once value of the timber. For timber offered a week for two consecutive weeks, except at oral auction, bidders must make a de­ period and if no higher bid is offered dur­ ing the oral auction, the party who first that sales amounting to less than 500 M posit of not less than 10 per cent of the submitted the high bid shall be deemed board feet, need be published once only. appraised value prior to the opening of (b) The advertisement of sale shall the bidding. The authorized officer may, the high bidder. state the location by legal description of in his discretion, require larger deposits. § 115.25 Award of contract, (a) The the tract or tracts on which timber is Deposits may be in the form of cash, authorized officers may require the high being offered, the species, estimated money orders, bank drafts, cashiers’ or bidder to furnish such information as is quantities, the unit of measurement, ap­ certified checks made payable to the Bu­ necessary to determine the ability of the praised values, time and place for re­ reau of Land Management, or bid bonds bidder to perform the obligations of the ceiving and opening of bids, minimum of a corporate surety shown on the ap­ contract. The contract shall be awarded deposit required, the access situation, the proved list of the United States Treasury to the high bidder, unless he is not quali­ method of bidding, the office where ad-: Department. Upon conclusion of the fied or responsible, or unless all bids are ditional information may be obtained, bidding, the bid deposits of all bidders, rejected. If the high bidder is not quali­ and such additional information as the except the high bidder, shall be returned. fied or responsible, the contract may be authorized officer may deem necessary. Except for corporate surety bid bonds, offered and awarded for the amount of the deposit of the successful bidder will the high bid to the highest of the other § 115.19 Appraisal and measurement. be applied on the purchase price at the bidders who is qualified, responsible, and All timber to be sold shall be appraised time the contract is signed by the author­ willing to accept the contract. and in no case shall be sold at less than (b) Within 30 days after receipt of the appraised value. Such timber shall ized officer. § 115.24. Conduct of sales. (a) the contract the successful bidder shall be measured by tree cruise, log scale, sign and return the contract, together weight, or such other form of measure­ Bidding at competitive sales shall be conducted by the submission of written with any required performance bond; ment as the authorized officer determines Provided, That the authorized officer to be in the public interest. sealed bids, oral bids, or a combination of both as directed by the authorized may, in his discretion, extend such pe­ § 115.20 Competitive sales. All sales officer. In the event of a tie in high riod an additional 30 days if the exten­ other than those specified in § 115.21 sealed bids, the highest bidder shall be sion is applied for in writing and granted shall be made only after inviting compet­ determined by oral auction among the in writing within the first 30-day period. itive bids through publication and post­ high bidders, I f no oral bid is made I f the successful bidder fails to comply ing. Sales shall not be held sooner than which is higher than the sealed bids, the within the stipulated time, his bid de- No. 139---- 6 5774 PROPOSED RULE MAKING

posit shall he forfeited as liquidated § 115.29 Time far ^cutting. Time for of July 17, 1944 <88 Stat. 509, 30II. S, C„ damages. cutting timber sold shall not exceed a sec. 122) to permit the disposal of cer­ § 115.26 Contract forms. All sales period of two years except that such tain reserved mineral deposits under the shall be made on contract forms ap­ time for nutting may be extended as mining laws of the United States. The proved by the Director. The authorized provided in § 115.30. act obviates the necessity for the recon­ officer may include additional provisions § 115.30 Extension of time. I f the veyance of the surface title in order to in the contract to cover conditions pe­ purchaser shows that his delay .in cutting obtain a patent under the United States culiar to the sale area, such as road con­ was due to causes beyond his control and mining laws, as required by the James struction, logging methods, silvicultural without his fault or negligence, the au­ W. Bell decision, 52 L. D. 197. Th e pro­ practices, reforestation, snag felling, thorized officer may grant an extension posed regulations appear below. slash disposal, fire prevention, fire con­ of time, not to exceed one year, upon Interested persons may submit in trip­ trol, and protection of improvements, written request of the purchaser. Such licate written comments, suggestions or watersheds and recreational values. written request must be received not objections with respect to the proposed Such additional provisions shall be made later than 30 days prior to the expira­ regulations to the Bureau of Land Man­ available for inspection by prospective tion date of the time for cutting but not agement, Washington 25, D. C., within bidders during the advertising period. earlier than 90 days prior thereto. Ad­ 30 days from the date of publication of this notice in the F ederal R egister. . § 115.27 Performance bonds. A per­ ditional extensions may be granted if formance bond of not less than 20 per­ the purchaser submits the same type of Dated: July 15,1957. cent of the total contract price will be written request not later than 30 days prior to the expiration date of an ex­ F red G . A a n d a h l , required for contracts Df $2,000 or more. Assistant Secretary of the Interior. When the total contract price‘ is less tension but not earlier than 90 days prior thereto. No extension may be granted than $2,000, bond requirements, i f any, Part 185 is supplemented by adding will be in the discretion of the author­ without reappraisal as provided in thereto a new subpart including the fol­ § 115.31. ized officer. The performance bond lowing sections: may be : § 115.31 Reappraisals. If an exten­ SUBPART H— DISPOSAL OF MINERALS RE­ (a) Bond of a corporate surety shown sion is granted as provided in § 115.30, SERVED BY THE ACT OF JULY 17, 1914 (38 on the approved list issued by the United each species -of timber remaining on the STAT. 509) States Treasury Department and ex­ contract area, title to which has not ecuted on an approved standard form. passed to the purchaser, Shall be reap­ Sec. 185.160 Purpose. (b) .Personal surety bond, executed on praised by the authorized officer. Such 185.161 Minerals reserved by the Act of July an approved .-standard form if the au­ reappraised prices shall become the new 17, 1914 subject to mineral loca­ thorized officer determines the princi­ unit prices for the purpose of computing tion, entry and patenting. pals and bondsmen are capable of-carry­ the reappraised total purchase price, 185.162 Mineral subject to disposition. ing out the terms of the contract; or except that the new unit prices shall not 185.163 Procedure necessary to authorize (e) Cash bond, or be less than the unit prices that were in entry o f the land hy a mineral (d) Negotiable securities of the Unitedeffect during the original time for cut­ claimant. States. ting or previous extension. ATJTHORrrr: §§ 185.160 to 185.168 issued under R. S. 2478; 38 Stat. 509; 30 U. S. C. 122, § 115.28 Payments. (a) No part of § 115.32 Assignments, (a) The pur­ as amended by 70 Stat. 592. any timber sold may be cut or removed chaser may not assign the contract or unless advance payment has "been made any interest therein without the written § 185.160 Purpose. The act of .July as provided in the contract. approval of the authorized officer. An 20, 195® (70 Stat. 592) , which amended (b) For sales under $2;000 the full assignment shall contain all the terms the act of July 17, 1914 (38 Stat. 509; amount shall be paid prior to or at the and conditions agreed upon by the 30 U.JS. C. sec. .122) was enacted to per­ time the authorized officer signs the con­ parties thereto. mit the disposal of certain reserved min­ tract. For sales of -$2,000 or more the (b) The authorized officer will not ap­ eral deposits , under the mining laws of authorized officer may allow payment by prove any proposed assignment involving the United States. installments as provided below: contract perf ormance tinless the assignee § 185.181 Minerals reserved by the act (1) installment payments shall be de­ (1) is authorized to transact business in of July 17,1914 subject to mineral loca­ termined by the authorized officer but in the State of Oregon; (2) submits such tion, entry and patenting. The act of no case shall be less than 10 percent of information.as is necessary to assure the July 17, 1914 (38 Stat. 509; 30 U. S. C. the total purchase price. For cruise sales authorized officer of his ability to fulfill sec. 122), as amended by the act of July the first installment shall be paid prior the contract.; and (3) furnishes a per­ 20, 1956 (70 Stat. ,592), provides in part to or at the time the authorized officer formance bond as required by § 115.28 as follows: signs the contract. The second install­ or obtains a commitment from the pre­ * ■* * such deposits to foe subject to dis­ ment shall be paid prior to the com­ vious surety to be bound by the a lig n ­ posal by the United States only as shall be mencement of cutting operations. Re­ ment when approved. Upon approval of hereafter expressly directed by law: Pro­ maining installments shall be due and an assignment by the authorized officer, vided, however,, That all mineral deposits payable without notice whenever the the assignee shall be entitled to all the heretofore or hereafter reserved to the United value of the timber cut shah equal rights and subject to all the .obligations States under this Act which are subject, at the sum of the second and subse­ under the contract, -and the assignor the time o f .application for patent to valid quent installments paid by the pur­ shall be released from any further lia­ and subsisting rights acquired by discovery chaser. The total amount of -the pur­ and location under the mining laws of the bility under the contract. United States made prior to the date of chase price must be paid prior to 60 days the Mineral Leasing Act of February 25, 1920 before the expiration date of the con­ '[F. *R. Doc. 57-5889; ."Filed, July 18, 1957; 8:'45 a. m.] (41 Stat. 437)., shall hereafter 'be subject to tract. The purchaser shall not be en­ disposal to the holders of those valid and titled to .a refund on a cruise sale »even subsisting rights by patent under the min­ though the amount o f timber cut, re­ ing laws of the United States in force at the moved or designated fo r cutting may be time of such disposal. Any person qualified less than the «estimated total volume i 43 CFR Port 1651 to acquire the reserved deposits may enter upon said lands with a view of prospecting shown in the contract. G e n e r a l M i n i n g . R e g u l a t io n s for the same upon the approval of the Sec­ (2) For scale sales installment pay­ retary of the Interior of a bond or under­ DISPOSAL OF CERTAIN RESERVED MINERALS ments shall be made in the .same man­ taking to be filed w ith him as security for ner as in subparagraph ( i ) -of this para­ Notice is hereby given that pursuant to the payment of all damages to the crops and graph, except that if it iis determined the authority vested in the Secretary of Improvements on such lands by reason of after all designated timber has been the Interior by Revised Statutes '2478 such prospecting, the measure of any such cut that the total payments made under damage to be fixed by agreement of parties "(43 U. :S. C. 1201) It is proposed to issue or .hy a court of competent jurisdiction. Any the contract' exceed the total value of regulations implementing the provisions person who has acquired from the United the timber measured, such excess shall eff the act of July 20,1956 <70 Stat. 592). States the title to or the right to mine and be returned to the purchaser. The act of July 20, 195® amends the act remove the reserved deposits, should the Friday, July 19, 1957 FEDERAL REGISTER 5775

United States dispose of the mineral deposits objections with respect to the proposed Affairs, applications shall be filed in the In lands, may re-enter and occupy so much, regulations to the Bureau of Land Man­ office of the superintendent of the agency of the surface thereof as may be .required agement, Washington 25, D. C „ within which has jurisdiction over the lands, or for all purposes reasonably incident to the 30 days from the date of publication of for lands for which there is no agency, in Tuning and removal of the minerals there­ this notice in the F ederal R e g ister . the office of the Area Director who has from; and mine and remove such minerals, jurisdiction over the lands. upon payment of damages caused thereby to F red A . S e a t o n , the owner of the land, or upon giving a good Secretary of the Interior. (f ) For public lands under the admin­ and sufficient bond or undertaking therefor istration of other Bureaus of the De­ in an action instituted in any competent J u l y 12,1957. partment of the Interior, applications court to ascertain and fix said damages; A new part is added as follows: shall be filed in the appropriate local office of such Bureau. § 185.162 Mineral subject to disposi­ P art 9—-Leases, P e r m it s , and E a s e m e n t s tion. The act of 1956 applies only to: for P u b l ic W o r k s § 9.3 General provisions. The follow­ (a) Any mineral discovered and lo­ Sec. ing terms and conditions apply to all cated under the United States mining 9.1 "Statutory authority. leases, permits, and easements granted laws prior to February 25, 1920, and re­ 9.2 Applicability of regulations; where to under the regulations of this part. served to the United States under the apply. (a) All minerals, together with the act of July 17, 1914 (38 Stat. 509 ; 30 9.3 General provisions. right to mine and remove the same under 9.4 Applications; modification; transfers; U. S. C. 122) in the patent for the land renewals. applicable laws and regulations, will be and held under a valid mining location 9.5 Terms and conditions of easements. reserved to the United States. subsisting on the date that the patent 9.6 Terms and conditions of leases and (b) Th e term of all leases, permits, application for the mining claim was permits. and easements will be fixed by the au­ filed. “Oil” reserved under the act of 9.7 Appeals. thorized officer but may not exceed 30 1914 has been held to include oil shale. A u t h o r it y : §*§ 9.1 to 9.7 issued under R. S. years. Such instruments will be renew­ See 52 L.T>. 329. 2478; 43 U. S. C. 1201. able at the discretion of such officer who (b) Any of the other minerals within at the request of the grantee, may also the boundaries of the mining claim re­ § 9.1 Statutory authority. The act authorize modification of the permitted served to the United States under the of September 3, 1954 (68 Stat. 1146; 43 use of the lands and the transfer of the act of 1914 in the patent for the land U. S, C. 931c, 931d) authorizes the head instrument to another qualified public but excepting such of those minerals as of any Federal department or agency agency. may be covered by a mineral lease or having jurisdiction over public lands and (c) Applicants will be required to pay permit until such time as the rights national forests of the United States, the fair market value of the permit, lease, either under the lease or permit are ex­ to grant permits, leases, or easements, or easement, as determined by appraisal tinguished or terminated. under certain conditions, to States, by the authorized officer. Periodic pay­ counties, cities, towns, townships, muni­ ments or a lump-sum payment, both § 185.163 ¿Provisions of the mineral cipal corporations, or other public payable in advance, will be required at patent, (a) Each patent issued under agencies for the purpose of constructing the discretion of such officer: (1) When the act of July 20, 1956, shall name and maintaining public buildings and periodic payments are required, the ap­ discovered reserved mineral as well as other public works on such lands. Na­ plicant will be required to make the first the other minerals reserved to the United tional parks and monuments are not sub­ payment before the lease, permit, or States and shall recite that in accord­ ject to the provisions of the act. The easement will be issued; (2) upon the ance with the reservation in the land authority granted by the act is in addi­ voluntary relinquishment of such an in­ patent, the mineral patentee, and its tion to and not in derogation of any strument before the expiration of its successors (or his heirs and assigns, if authority conferred upon the Seretary of term, any payment made for any unex­ a person), shall have the right to pros­ the Interior to grant permits, leases, pired portion of the term will be re­ pect for, mine and remove the mineral or easements, or rights-of-way. turned to the payer upon a proper appli­ minerals for which the patent is issued. § 9.2 Applicability of regulations; cation for repayment to the extent that (b) If, when the mineral entry is the amount paid covers a full permit, approved for patenting, there is a sub­ where to apply, (a) The regulations of this part apply only to public lands under lease, or easement year or years after sisting mineral lease or permit for any the formal relinquishment. The amount of the reserved minerals, the mineral the administration of the Department of the Interior. For regulations applicable .to be so returned will be the difference patent shall identify the lease or permit between the total payments made and and shall expressly except and exclude to other Federal public lands, the appro­ priate titles of this code should be con­ thé value of the expired portion of the from the mineral conveyed by the patent, term calculated on the same basis as the the mineral covered by the lease or per­ sulted. (b) For public lands under the ad­ original payments. mit, but shall provide that the excep­ (d) Leases, permits, and easements tion and exclusion shall be effective only ministration of the Bureau of Land Man­ agement, applications shall be filed in will be terminable by the authorized of­ so long as any rights under either the ficer upon a finding (1) of failure by lease or permit shall exist. the proper land office in the State or for lands in a State in which there is no land the holder to comply with their terms, (2) [F. R. Doc. 57-5888; Filed, July 18, 1957; office, shall be filed with the Bureau of that aU or part of the land is being de­ 8:45 a. m.] Land Management, Washington 25, D. C., voted to uses other than the use specified except that applications for lands in in the lease, permit, or easement, (3) North Dakota or South Dakota shall be that the lands are not being used for Office of the Secretory filed in the land office at Billings, Mon­ the purpose so specified, or (4) that the tana, applications for lands in Kansas or lease, permit, or easement has been [ 43 CFR Port 9 1 Nebraska shall be filed in the land office transferred to another without the con­ L eases, P e r m it s , a n d E a s e m e n t s for at Cheyenne, Wyoming, and for lands in sent of the authorized officer. P u b l ic W orks Oklahoma in the land office at Sante Fe, §9.4 Applications,* modifications; New Mexico. n o t ic e o f pro po sed r u l e m a k in g transfers; renewals, (a) Applicants for (c) For public lands under the admin­ a permit, lease, or easement must file an Notice is hereby given that pursuant istration of the United States Fish and application, in triplicate (quadruplicate if to the authority vested in the Secretary Wildlife Service, applications shall be the lands are administered by the United of the Interior by the act of September 3, filed in the local office of the hatchery, States Fish and Wildlife Service) and in 1954 (£8 Stat. 1146) and Revised Statutes refuge, or other station which has juris­ typewritten form. No particular form 2478 (43 U. S. C. 1201)« it is proposed to diction over the lands. is prescribed, but the application must issue regulations implementing the said (d) For public lands under the admin­ include (1) the name and post office ad­ act of September 3, 1954, supra, so far istration of the Bureau of Reclamation, dress of the applicant, (2) the legal as it relates to public lands administered applications shall be filed in the office of description of the lands desired or, if not by the Department of the Interior. The the Regional Director who has jurisdic­ surveyed according to the rectangular Proposed regulations are set forth below. tion over the lands. system of surveys, the description of the Interested persons may submit in trip­ (e) Far public lands under the ad­ lands in sufficient detail to permit their licate written comments, suggestions, or ministration of the Bureau of Indian accurate identification on the ground, 5776 PROPOSED RULE MAKING

and if an easement for a right-of-way by the Oregon State Board of Higher In view of the foregoing: I t is ordered, is involved, the maps specified in § 244.6 Education on behalf of the State of Ore­ That the time for filing comments in the of this title, (3) a statement showing the gon requesting that the time within above-entitled proceeding is extended purposes for which the lands would be which to file reply comments in this pro­ from July 12 to July 22, 1957; and that used, and (4) the name and title of the ceeding be extended from July 11 to reply comments may be filed within 10 person making application, together with July 22; an opposition to the petition for days from the latter date. a statement showing his authority to extension filed by Liberty Television, Inc. make application on behalf of the on July 9; and a reply to Liberty’s op­ Released: July 15, 1957. applicant. position filed by the State Board on F ederal C ommunications (b) Holders of leases, permits, or ease­ July 10. C o m m is s io n , ments may make application (1) to add The State Board of Higher Education [ s e a l ] B e n F. W a p l e , to or change the use of the lands, (2) to asserts that it has filed comments in this Acting Secretary. transfer the instrument to another pub­ proceeding; that Liberty Television has [F. R. Doc. 57-5922; Filed, July 18, 1957; lic agency qualified under the act and also filed lengthy comments and attach­ 8:52 a. m.] complying with these regulations, or (3) ments; and that adequate reply to Lib­ to renew the instrument at the end of erty’s comments cannot be completed its term. No form is specified but the' and filed by July 11. matter should be fully explained by the The Commission is of the view that the DEPARTMENT OF AGRICULTURE applicant. Each such application must State Board. of Higher Education has Agricultural Marketing Service be in triplicate (quadruplicate if the advanced good cause for extending the lands are administered by the United time for filing reply comments in this 17 CFR Part 911 1 States Pish and Wildlife Service). proceeding and that such extension will [Docket No. AO-282—A3 ] § 9.5 Terms and conditions of ease­ serve the public interest, convenience and necessity. M i l k i n T exas P a n h a n d l e M a r k e t in g ments. The terms and conditions of A rea easements issued under the regulations In view of the foregoing: I t is ordered, of this part will be governed by the That the time for filing reply comments n o t ic e o f recommended d e c is io n and regulations of Part 244 of this title, in­ in the above-entitled proceeding is ex­ opportunity t o f il e w r it t e n e x c e p­ cluding § 244.17 of this title, insofar as tended from July 11 to July 22, 1957. t io n s WITH RESPECT TO PROPOSED MAR­ they are applicable and insofar as they Released: July 15,1957. KETING AGREEMENT AND TO PROPOSED do not conflict with regulations in this ORDER, AS AMENDED part. F ederal C ommunications C o m m is s io n , Pursuant to the provisions of the Agri­ . §9.6 Terms and conditions of leases [ s e a l ] B e n F . W a p l e , cultural Marketing Agreement Act of and permits, (a) Leases and permits Acting Secretary. 1937, as amended (7 U. S. C. 601 et seq.), issued under the regulations of this part and in accordance with the applicable [F. R. Doc. 57-5922; Filed, July 18, 1957; rules of practice and procedure governing will contain (1) the usual terms and con­ 8:52 a. m.] ditions required by law, public policy, the formulation of marketing agree­ and insofar as possible, by Department ments and marketing orders (7 CFR, of the Interior procedures and (2) such Part 900), notice is hereby given of the other terms and conditions which the [ 47 CFR Part 3 3 filing with the Hearing Clerk, of the rec­ ommended decision of the Deputy Ad­ authorized officer considers necessary for [Docket No. 12075; FCC 57-760] the proper development of the land, for ministrator, Agricultural Marketing the protection of public property, and T e l e v is io n B roadcast S t a t io n s Service, United States Department of Agriculture, with respect to a proposed for the protection of the public interest. TABLE OF ASSIGNMENTS; ALEXANDRIA-ST. marketing agreement and a proposed or­ . (b) Any minerals subject to the leas­ CLOUD, MINN, ing laws in the lands under lease or der amending the order, as amended, ' At a session of the Federal Communi­ permit under the regulations may be dis­ regulating the handling of milk in the cations Commission held at its offices in posed of to any qualified person under Texas Panhandle marketing area. In­ Washington, D. C. on the 11th day of applicable laws and regulations. Until terested parties may file exceptions to July 1957. this decision with the Hearing Clerk, other rules and regulations are issued, The Commission has before it for con­ other minerals are not subject to disposi­ United States Department of Agriculture, sideration a petition filed July 3, 1957, Washington 25, D. C., not later than the tion or, except by an authorized Federal by St. Cloud Television Company for an agency, to prospecting. close of business on the 5th day after extension of time within which to file (c) A lessee or permittee will not be publication of this decision in the F ed­ comments in this proceeding from July eral R eg ist e r . Exceptions should be permitted to cut timber from the land 12 to July 22, 1957; an opposition to the without prior permission from the au­ filed in quadruplicate. thorized officer. aforesaid petition filed by Central Min­ Preliminary statement. The hearing nesota Television Company on July 8; on the record of which the proposed § 9.7 Appeals. An appeal pursuant to and a reply to the above opposition filed marketing agreement and the order the rules of practice of the Department by St. Cloud on July 9. amending the order, as amended, were of the Interior may be taken from the Petitioner alleges that it is a newly formulated was held at Amarillo, Texas, decision of an authorized officer. formed Minnesota Corporation, organ­ on June 12, 1957 (22 F. R. 4055). [F. R. Doc. 57-5893; Filed, July 18, 1957; ized for the purpose of applying for a The material issues of record relate to: 8:45 a. m.] television station in St. Cloud, Minne­ 1. Suspending the supply-demand ad­ sota; that it is engaged in preparing an juster; and application for a station on Channel 7 2. Considering Class I milk prices. FEDERAL COMMUNICATIONS in St. Cloud and intends to file comments Separate action was taken on Issue COMMISSION in opposition to the proposed rule making No. 1 by means of a Suspension order to shift Channel 7 from St. Cloud to issued by the Assistant Secretary on June [ 47 CFR Part 3 1 Alexandria, Minnesota; that the Notice 28,1957, effective as of July 1,1957. This of Rule Making in this proceeding was [Docket No. 12034; FCC 57-759] decision, therefore, is confined to a con­ not released until July 2, 1957, affording sideration of Class I milk prices. T e l e v is io n B roadcast S t a t io n s it only 10 days in which to prepare its Findings and conclusions. The follow­ comments; and that this period is too ing findings and conclusions are based on TABLE OF ASSIGNMENTS; EUGENE-CORVALLIS, short to enable it to make a proper OREG. the evidence presented at the hearing presentation. and the record thereof. At a session of the Federal Commu­ The Commission is of the view that St. The present Class I milk pricing pro­ nications Commission held at its Offices Cloud Television Company has advanced vision in the order (§ 911.51 (a)) should in Washington, D. C. on the 11th day of good cause for extending the time for be continued. July 1957. filing comments in this proceeding and When the order was promulgated, the The Commission has before it for con­ that such extension will serve the public Class I milk price provision was made sideration a petition filed July 8, 1957, interest, convenience and necessity. to expire after 20 months of operation. Friday, July 19, 1957 FEDERAL REGISTER 5777

The purpose was to provide for u review affect market supply and demand for Consideration will be given to any and appraisal of the supply-demand sit­ milk in the said marketing area, and data, views, or arguments pertaining uation after having had operating ex­ the minimum prices specified in the pro­ thereto which are filed in triplicate with perience under the order for approxi­ posed marketing agreement and in the the Director, Fruit and Vegetable Divi­ mately IB months. It was felt that after order, as amended, and as hereby pro­ sion, Agricultural Marketing Service, such a period of operation, the statistical posed to be further amended, are such U. S. Department of Agriculture, Wash­ information available would provide a prices as will reflect the aforesaid fac­ ington 25, D. C., and received not later basis for establishing a Class I pricing tors, insure a sufficient quantity of pure than the close of business on the tenth provision in the order which would re­ and wholesome milk and be in the pub­ day af ter the date of the publication of flect and be responsive to changes in lic interest; and this notice in the F ederal R e g ist e r , ex­ supply and demand conditions. •(e) The proposed marketing agree­ cept that, if said tenth -day after publi­ It is expected tirât a hearing will be ment and the order, as amended, and as cation should fall on a legal holiday, held in the near future on a proposal for hereby proposed to be further amended, Saturday, or Sunday, such submission a substantial increase in the size of the will regulate the handling of milk in must be received by the Director not later marketing area. If, as a result o f such the same manner as and are applicable than the close of business on the next hearing, the marketing area were ox- only to persons in the respective classes following business day. tended to encompass all or a major por­ of industrial and commercial .activity The proposed percentages for market­ tion of the additional area.proposed, ad­ specified in, the said marketing agree­ able Deglet Noor and Zahidi dates are ditional handlers would be brought under ment upon which a hearing has been based on estimates submitted by the Date regulation, and the volume of milk would held. Administrative Committee, as follows: be greatly increased. At the present time Recommended marketing agreement no figures are available on either the and order. The following order amend­ Varieties ing the order, as amended, is recom­ additional volume o f milk or the per­ Item mend as the detailed and appropriate centage o f it which would be classified Deglet Zahidi as Class I milk. Under these circum- means whereby the foregoing conclu­ Noor stanoes, a Class I pricing provision based sions may be carried out. The recom­ on supply-demand conditions existing mended marketing agreement is not lflOO pounds during the past year probably would not included in this decision because the reg­ be applicable to a changed market ulatory provisions thereof would be 1. Uncertified handler carryin___ ! 2,369 285 2. Estimated marketable produc- situation. identical with "those contained in the 33,300 1,337 It is concluded that the development order as hereby proposed to be amended : of a more permanent Class I pricing pro­ Delete § 911.51 (a) and substitute 3. Total -subject to Tegulatlon_____ 35,669 1,622 vision should be deferred until such therefor the ïollowing: 4. Estimated trade demand_ 23,000 1,100 5. Plus desirable carryout______4,000 200 time as consideration also can be given (a) Class I milk price. The Class I 6. Less certified -handler carryin__ _ 2,381 0 to the proposed expanded marketing milk price shall be the “basic formula 24,619, 1,300 area. price for the preceding month, plus $2.15 8. Restricted poundage '(Item 3 Producers proposed an increase in the during the months of July through Feb­ 11,050 322 Class I price. The record shows that, ruary and plus $1.85 during all other since the inception of the order in Jan­ months. Although the free poundage of Deglet uary! 9 56, receipts of producer milk have Noor dates of 24,619,000 pounds is 69.02 increased slightly f aster than Class Ï Filed at Washington, D. C„ this 16th day of July 1957. percent o f the estimated simply subject sales. During the January-March pe­ to regulation, the committee unani­ riod o f 1957, the ratio of producer [ s e a l I R o y W. L e n n a r t s o n , mously recommended that the free per­ receipts to Class I sales was 111 percent Deputy Administrator. centage be rounded to 70 percent, making as compared with 104 percent for the {F. JR . Doc. 57-5914; Filed, July 18, 1957; the restricted percentage 30 percent and same period a year earlier. Thus, the 8:50 a. m.] the withholding percentage 42.9 percent. production trend In relation to sales dur­ On the basis of the above estimates of ing the past year was such that some production and carryin, a free percent­ progress has been made toward provid­ age of 70 would provide 23,349,300 pounds ing an adequate supply of milk for the 17 CFR Part 10031 of whole and pitted Deglet Noor dates market. for shipment in 1957-58 which compares In view of the foregoing situation, it D o m e st ic D ates P roduced or P acked i n with estimated shipments In the 1956-57 is concluded that the present Class I Los A n g e les a n d R iv e r s id e C o u n t ie s of crop year of 23,093,000 pounds. In addi­ milk price provision in the order should C a l if o r n ia tion, 4,000,000 pounds of such dates be continued. estadlishment o f fr ee, restr icted, an d would be made available for carryout Rulings on proposed findings and con­ on July 31, 1958. The estimated trade clusions. Briefs were filed on behalf of WITHHOLDING PERCENTAGES FOR 1957-58 CROP YEAR demand of 1,100,000 pounds for Zahidi certain interested parties in the mar­ dates compares with estimated ship­ Notice is hereby given that there is ket. These briefs and the evidence in ments of whole and pitted Zahidi dates being considered a proposed rule to es­ the record were considered in making in the 1956-57 crop year of 1,110,000 tablish free, restricted, and withholding the findings and conclusions set forth pounds. above. To the extent that the suggested percentages, as hereinafter set forth, in No restriction is proposed on the quan­ connection with the handling of market­ findings and conclusions set forth in the tity of marketable Khadrawy dates able Deglet Noor and Zahidi varieties of briefs are inconsistent with the findings which may be handled. The estimated dates for the 1957-58 crop year begin­ and conclusions set forth herein, the re­ supply of this variety for the 1957-58 ning August 1, 1957, and ending July 31, quest to make such findings or reach crop year approximates the estimated such conclusions is denied on the basis 1958. The proposed rule, which is based trade demand therefor. on the unanimous recommendation of of the facts found and stated in connec­ Average return to California produ­ tion with the conclusions in this decision. the Date Administrative Committee and cers for 1957 crop dates will not exceed General findings, (a) The proposed other information available to the Secre­ the price level specified in section 2 (1) marketing agreement and the order, as tary, would be established in accordance of the aforesaid act. amended, and as hereby proposed to be with the- applicable provisions of M ar­ The proposed rule is as follows t further amended, and all of the terms keting Agreement No. 127 and Marketing and conditions thereof will tend to ef­ Order No. 103 (7 CFR Part 1003) regu­ 1 1003.205 Free, restricted and with­ fectuate the declared policy of the act; lating the handling of domestic dates holding percentages. The free percent­ (b) The parity prices of milk as de­ produced or packed in Los Angeles and age, restricted percentage, .and with­ termined pursuant to section 2 of the Riverside Counties of California, effec­ holding percentage of marketable dates act are not reasonable in view of the tive under the Agricultural Marketing of the Deglet Noor variety shall be, for price of feeds;, available supplies of feeds, Agreement Act of 1937, as amended (7 the crop year beginning August 1, 1957, and other economic conditions which U. S. C. 601 et seq.). and ending July 31, 1958, as follows: 5778 PROPOSED RULE MAKING

Free percentage, 70 percent; restricted centage, 20 percent; and withholding with respect to any matter relating to fish percentage, 30 percent; and withholding percentage, 25 percent. and wildlife, except percentage, 42.9 percent. The free per­ Dated: July 15, 1957. ( 1) The signing of correspondence ad­ centage, restricted percentage, and with­ dressed to the President; holding percentage of marketable dates [ s e a l ] F l o y d F. H e d l u n d , (2) The exercise of powers delegated of the Zahidi variety shall be, for the Acting Director, by the President to the Secretary without crop year beginning August 1, 1957, and Fruit and Vegetable Division. any authorization for redelegation; ending July 31, 1958, as follows: Free {P. R. Doc. 57-5913; Piled, July 18, 1957; (3) The issuance of regulatory docu­ percentage, 80 percent; restricted per- 8:50 a. m .] ments, which are subject to codification in the Code of Federal Regulations (44 U. S. C., 305; 1 CFR 1.10), and which do not fall within the provisions of para­ graph (b) of this section; NOTICES (4) The making of apportionments of funds in connection with Federal aid in fish or wildlife restoration; DEPARTMENT OF THE INTERIOR requirements and shall be subject to the (5) The appointment or removal of availability of appropriations. Commissioners as provided in the Alaska Office of the Secretary (d) As used in this section, the termGame Law of January 13, 1925, as [Order 2509, Amdt. 25] “ bureau” means The Alaska Railroad, amended (43 Stat. 739; 48 U. S. C. 208); the Bonneville Power Administration, the (6) The taking of actions required by H eads o f B u r e a u s Bureau of Indian Affairs, the Bureau of sections 3 and 4 of the Whaling Treaty DELEGATIONS OF AUTHORITY, GENERAL Land Management, the Bureau of Mines, Act of August 9, 1950 (64 Stat. 421, 422; the Bureau of Reclamation, the United 16 U. S. C., 916a, 916b) to be taken by J u l y 11,1957. States Fish and Wildlife Service, the the Secretary of the Interior; 1. Order No. 2509, as amended, is fur­ Geological Survey, the National Park (7) The appointment of the advisory ther amended as hereinafter indicated: Service, the Office of Territories, the committee of the American fisheries in­ Paragraph (g) of section 50 Contracts; Southeastern Power Administration, and dustry, provided for in section 2 (c) of the Bureaus (17 F. R. 6793, 8634; 19 F. R. 433, the Southwestern Power Administration. act of July 1, 1954 (68 Stat. 376; 15 7417) is amended to read as follows: 2. Authority with respect to contracts U. S. C. 713c-3 (c)); (g) As used in this section, the -termfor construction, supplies, or services and (8) The exercise of the authority con­ “ fcureau” means The Alaska Railroad, authority with respect to the lease of tained in the act of June 25, 1934 (48 the Bureau of Indian Affairs, the Bureau space which was previously vested in the Stat. 1213? 15 U. S. C. 522) relating to of Land Management, the. Bureau of Director of the former Fish and W ild­ monopolization and restraint of trade by Mines, the Bureau of Reclamation, the life Service and which was included in associations of persons engaged in the United States Fish and Wildlife Service, the authority delegated severally on No­ fishery industry; the Geological Survey, the National Park vember 3, 1956 (21 F. R. 8513) to the (9) The submission of reports to the Service, the Office of Territories, the Director, Bureau of Commercial Fish­ President or the Congress; Southeastern Power Administration and eries, and the Director, Bureau of Sport (10) The designation of a representa-- the Southwestern Fower Administration. Fisheries and Wildlife, may be exercised tive of the Department referred to in by such officers until 90 days from the section 8 (a ) of the Fish and Wildlife Section 52 Leases (17 F. R. 6793; 19 date of this amendment to Order No. Act of 1956 (70 Stat. 1119); F. R. 433) is amended to read as follows: 2509 unless sooner revoked or superseded (11) The submission of reports to the S ec. 52. Leases, (a) The head of a by or pursuant to an action of the Com­ United States Tariff Commission under bureau and the Solicitor may exercise the missioner of Fish and Wildlife. Any au­ section 9 .(b) of the Fish and Wildlife authority vested in the Secretary pur­ thority with respect to contracts for con­ Act of 1956 supra; suant to Regulations of the General struction, supplies, or services and any (12) The approval of fisheries loan Services* Administration, Title 2, Real authority with respect to the lease of authorizations in excess of <$50,000. Property Management, to perform all space which was continued in force pur­ (b) The authority granted in para­ functions with respect to acquisition by suant to the document issued by the Sec­ graph (a) of this section includes au­ lease of space in buildings and land in­ retary of the Interior on November 3, thority to take any action which, as pro­ cidental to the use thereof when: 1956 (21 F. R. 8513), empowering other vided in Title 50 of the Code of Federal (1) The space is found by the Admin­ officers and employees of the United Regulations, may be taken by an au­ istration to be special purpose in char­ States Fish ancl Wildlife Service to ex­ thorized representative of the Secretary acter under section 1 (d) of Reorganiza­ ercise certain authority, is continued in of the Interior or an officer or employee tion Plan 18 of 1950. force until 90 days from the date of this of the United States Fish and Wildlife (2) The space is required for use in­ amendment to Order No. 2509 unless Service, such as the issuance of orders cidental to, in conjunction with, and in sooner revoked or superseded by or pur­ or regulations which close proximity to, space which has been suant to an action of the Commissi oner (1) Extend or reopen, pursuant to of Fish and Wildlife. f-und by the Administration to be special Part 6, Title 50, Code of Federal Regu­ purpose. lations., the hunting seasons on migra­ F red A . S e a t o n , tory game birds to compensate for (3) The spaee is leased for no rental, Secretary of the Interior. or for a nominal consideration of $1.00 emergency closures to prevent forest [P. R. Doc. 57-5890; Piled, July 18, 1957; fires; per annum. 8:45 a. m.] (4) The space is located in Puerto (2) Prescribe a temporary closure of Rico, the Virgin Islands, or the Terri­ the open seasons on any species of big tories of Alaska and Hawaii. game animals, pursuant to Part 46, Code (5) The agency has been specifically 6f Federal Regulations, in any area in authorized by the Administration to per­ [Order 2821] Alaska where necessary; form any or all such functions. (3) Prescribe, pursuant to Subchapter C ommissioner and E m p l o y e e s o f U n it e d C, Title 50 Code of Federal Regulations, (b) The head of a bureau and the S tates F is h a n d W il d l if e S ervice Solicitor may, in writing, redelegate or the terms and conditions to govern hunt­ authorize written redelegation of the delegations o f a u t h o r it y w i t h r espect ing, fishing, trapping, and recreational authority granted in this section. Each t o c e r t a in d u t ie s an d f u n c t io n s activities on wildlife conservation areas; redelegation shall be published in the (4) Pursuant to Part 102, Title 50, Ju ly 11,1957. Code of Federal Regulations, shorten, F ed er al R e g ist e r . S e c t io n 1. Commissioner of Fish and lengthen, or reopen for limited periods, (c) The authority granted under this Wildlife, (a) The Commissioner of Fish and impose further restrictions on the section shall be exercised in compliance and Wildlife may exercise all of the au­ means, methods and areas of fishing and with applicable regulations and statutory thority of the Secretary of the Interior on the catch of fish otherwise permitted Friday, July 19, 1957 FEDERAL REGISTER 5779 to be taken for commercial purposes in exploration for metals and minerals, by respecting the distribution of coal chem­ Alaska. the Director of the Office of Minerals icals produced as byproducts of coke (c ) The authority granted in para­ Mobilization; made from coal is continued in force. graph (a) of this section shall not be (c) In so far as these functions and Petroleum Administration for Defense construed as including authority in any powers relate to fishery commodities or Delegation 1 (16 F. R. 3389) to the Busi­ m atter covered by a delegation from the products, by the Commissioner of Fish ness and Defense Services Administra­ S ecretary of the Interior to the Commis­ and Wildlife; and tion [N. P. A.], Department of Com­ sioner of Pish and Wildlife, expressly, or (d) In so far as these functions and merce, respecting certain products of as th e head of a bureau,; such as author­ powers relate to petroleum or gas, other petroleum and gas origin is continued in ity w ith respect to defense functions re­ than the distribution of petroleum coke, force. Defense Minerals Exploration lating to fishery commodities or products, by the Director of the Office of Oil and Administration Order 1, as amended, and authority with respect to personnel man­ Gas. redelegations made by the Administrator of the Defense Minerals Exploration Ad­ agem ent, authority to designate certi­ Sec. 2. Electric power. The defense ministration are continued in force. fying officers, etc. Authority in such functions of the Secretary relating to This order shall not be deemed to affect matters is delegated to the Commissioner electric power fall within the assignment the Voluntary Agreement Relating to by o th e r documents. of the Assistant Secretary—Water and Foreign Petroleum Supply, dated May 1, (d ) The Commissioner of Pish and Power Development, whp is one of the 1953 (18 F. R. 4262), as amended April 15, W ild life may, in writing, redelegate or Secretarial officers already empowered 1954 (19 F. R. 2278). authorize written redelegation of the au­ by section 1 of Order No. 2509, as (b) This order supersedes Order No. thority granted in paragraph (a) of this amended (17 F. R. 6793, 8634; 22 F. R. 2781 (20 F. R. 316). (Defense Production section, except that authority to approve 2218) to exercise the authority of the Act of 1950, as amended (50 U. S. Ç. App., fisheries loan authorizations may be re­ Secretary with respect to various matters sec. 2153) ; Sec. 168 of the Internal Reve­ delegated only to the Director, Bureau relating to defense, including electric of Commercial Fisheries. nue Code; E. O. 10480, as amended (18 power. F. R. 4939, 6201, 19 F. R. 7249) ; Defense Sec. 2. Other officers or employees of Sec. 3. Limitations, (a) Section 1 of Mobilization Order 1-7, as amended (18 the Service. Each officer or employee this order does not authorize any officer F. R. 5366,19 F. R. 7348) ; Defense Mobili­ of the United States Fish and Wildlife mentioned in that section to: zation Order 1-13 (19 F. R. 7348) ; De­ Service is empowered to continue to ex­ (1) Perform any function or exercise fense Mobilization Order VTI-5, as ercise authority vested in such person any power which cannot be redelegated amended (18 F. R. 6408, 19 F. R. 7349) ; or position by the document issued by by the Secretary of the Interior under Defense Transport Administration Dele­ the Secretary of the Interior on Novem­ the provisions of any delegation of au­ gation No. 6, as amended, and continued ber 3, 1956 (21 P. R. 8513) for 90 days thority to the Secretary; by Organization Order DTA 1, as from the date of this order, unlèss such (2) Redelegate any power or function amended (16 F. R. 4149, 19 F. R. 1071, 20 authority Is sooner revoked or super­ to any person other than an officer or F. R. 4550) ; NPA Delegation No. 9, con­ seded by or pursuant to an action of the employee of the bureau or office which tinued by Business and Defense Services Commissioner of Fish and Wildlife. he heads; Administration Regulation No. 1 (17 F. R. Sec. 3. Revocation. The following or­ (3) Appoint or employ any person 1908, 18 F. R. 6337) ; Department of Ag­ ders and amendments thereof are re­ under section 710 of the Defense Pro­ riculture, Defense Food Delegation No. 2, voked, but this action shall not be con­ duction Act of 1950, as amended; or Revision 1 (17 F. R. 2369) ; Federal Civil strued as affecting the provisions of (4) Issue orders or directives relating Defense Administration Delegation 3 (20 section 2 of this order. to petroleum, *gas, or solid fuels. F. R. 5957) ; Federal Civil Defense Ad­ (b) Existing arrangements for De­ ministration Delegation 4 (20 F. R. 1798, 2240, 2409, 2532, 2570, 2584, 2711, 2817 partment representation on interagency 8733)) (21F.R. 8032) . and interdepartmental committees and red e a t o n F red A. S e a t o n , F A. S , boards dealing with defense functions Secretary of the Interior. Secretary of the Interior. are hereby confirmed, but the function [P. R. Doc. 57-5892; F iled , J u ly 18, 1957; of specifying the arrangements for such [F . R . D oc. 57-5891; P ile d , J u ly 18, 1957; 8:45 a .m .] representation as may be necessary is 8:45 a. m .] reserved to the Secretary. (c) The function of establishing poli­ [Order 2822] cies pertaining to defense matters in­ DEPARTMENT OF COMMERCE volving two or more defense areas is D e f e n s e F u n c t io n s reserved to the Secretary. Maritime Administration

DELEGATIONS OF AUTHORITY Sec. 4. Access roads, (a) The Di­ G race L in e , I n c . J u l y 11, 1957. rector of the Office of Minerals Mobiliza­ tion is directed to exercise the function NOTICE OF APPLICATION Se c t io n 1. Delegation of authority. Except as provided in section 3 of this of certifying access roads in connection Notice is hereby given of the applica­ with the production of metallurgical coal tion of Grace Line, Inc., for written per­ order and in redelegations, which the Secretary may make or has continued, to to the Secretary of Commerce under sec­ mission of the Maritime Administrator agencies outside of the Department of tion 6 of the Defense Highway Act of under section 805 (a) of the Merchant 1941, as amended (23 U. S. C., sec. 106) Marine Act, 1936, 46 U. S. C., 1223, to the Interior,' all functions and powers which are or may be vested in the Sec­ and section 12 of the Federal-Aid High­ permit operation of its owned vessel way Act of 1950 (64 Stat. 791), pursuant “ Oregon” by the charterer of said vessel. retary of the Interior by delegations or redelegations issued pursuant to the De­ to the Presidential memorandum of States Marine Lines, on a voyage com­ fense Production Act of 1950, as March 3, 1952. mencing on or about July 23,1957, carry­ amended, or issued pursuant'to any other (b) The Administrator of the Defense ing lumber from United States north Minerals Exploration Administration is Pacific ports to United States Atlantic law b y virtue of authority delegated to him under the Defense Production Act of similarly directed to exercise the func­ ports, north of Cape Hatteras. f950, as amended, may be performed and tion of certifying access roads in connec­ Any person, firm, or corporation hav­ tion with the exploration for strategic exercised: ing an interest in such application and (a) in so far as these functions and and critical metals and minerals and re­ desiring a hearing on issues pertinent to Powers relate to domestic exploration for lated development. section 805 (a) should notify the Secre­ ■Petals and minerals, by the Adminis­ Sec. 5. Effect on prior actions. (a> tary, Maritime Administration, on or trator of the Defense Minerals Explora­ Interior Defense Delegation 1 (19 F. R. before July 22, 1957, and file petition for tion Administration; 9357). to the Administrator of General leave to intervene in accordance with (b) in so far as these functions and Services respecting metals and minerals the rules of practice and procedure of Powers relate to solid fuels and the dis-, is continued in force. Defense Solid the Martime Administrator. tribution of petroleum coke, and to Fuels Administration Delegation 1 (16 I f no request for hearing and petition ■Petals and minerals, other than domestic F. R. 4590) to the Secretary of Commerce for leave to intervene is received within 5780 NOTICES

the specified time, the application will It is ordered, This 15th day of July 12095, File No. BP-10936; Fred H. Whit- be processed without a hearing. 1957, that Charles J. Frederick will pre­ ley, Dallas, North Cârolina, Docket No. Dated: July 18, 1957. side at the hearing in the above-entitled 12096, File No. BP-10987; for construc­ proceeding which is hereby scheduled to tion permits. By order of the Maritime Administra­ commence on September 16, 1957, in I t is ordered, This 15th day of July tor. Washington, D. C. 1957, that Elizabeth C. Smith will preside tsEALl G eo. A. V ie h m a n n , Released; July 16, 1957. at the hearing in the above-entitled pro­ Assistant Secretary. ceeding which is hereby scheduled to IF. R. Doe. 57-5996; Piled, July 18, 1957; F ederal C ommunications commence on October 1, 1957, in Wash­ 12:04 p. m.] C o m m is s io n , ington, D. C. [ s e a l ! B e n F. W a p l e , Released: July 16, 1957. Acting Secretary. CIVIL AERONAUTICS BOARD [P. R. Doc. 57-5924; Piled, July 18, 1957; F ederal C ommunications 8:52 a. m.J C o m m is s io n , [Docket No. 6908] Es e a l J B e n F . W a p l e , G reat L a k e s E n f o r c e m e n t C ase Acting Secretary. NOTICE OF POSTPONEMENT OF HEARING [Docket Nos. 12091, 12092; FCC 57M-689] [F. R. Doc. 57-5927; Piled, July 18, 1957; 8:52 a. m.] Notice is hereby given that the hear­ S o u t h w e s t S ta t es, I n c ., a n d K e n y o n ing in the above-entitled matter previ­ B r o w n ously assigned to be held on July 24, ORDER SCHEDULING HEARING 1957, at 10:00 a. m. in Boom 810, Post [Docket No. 12097; PCC 57M-692] Office and Court House Building, Los In re applications of Southwest States, J a c k s o n C o u n t y B roadcasting C o. Angeles, California, before Examiner Inc., Amarillo, Texas, Docket No. 12091, Merritt Ruhlen has been postponed un­ File No. BPCT-2199; Kenyon Brown, ORDER SCHEDULING REARING til August 27, 1957, at 10:00 a. m. at the Amarillo, Texas, Docket No. J2092, File In re application of Nathan L, Goetz, same place. No. BPCT-2275; for construction per­ Robert Goetz and Merlin J. Meythaler, mits for new television broadcast d/b as Jackson County Broadcasting Dated at Washington, D. C., July 11, stations. 1957. Company, Maquoketa, Iowa, Docket No. I t is ordered, This 15th day of July 12097, File No. BP-10882; for construc­ [ s e a l I F r a n c is W . B r o w n , 1957, that Annie Neal Huntting will pre­ tion permit. Chief Examiner. side at the hearing in the above-entitled It is ordered, This 15th day of July [F. R. Doc. 57-5933; Piled, July 18, 1957; proceeding which is hereby scheduled to 1957, that Herbert Sharfman will pre­ 8:53 a. m.J commence on September 16, 1957, in side at the hearing in the above-entitled Washington, D. C. proceeding which is hereby scheduled to Released: July 16,1957. commence on October 1, 1957, in Wash­ ington, D. C. [Docket No. 8680} F ederal C ommunications C o m m is s io n , Released: July 16,1957. W or ld W id e A ir l in e s , I n c ., E n f o r c e m e n t [ s e a l ! B e n F . W a p l e , F ederal C ommunications C ase Acting Secretary. C o m m is s io n , n o t ic e o f postponement o f h e a r in g [P. R. Doc. 57-5925; F led, July 18, 1957; [ s e a l ] B e n F . W a p l e , In the matter of the revocation of In­ 8:52 a. m.] Aeting Secretary. terim Operating Authorization No. 48 is­ [F. R. Doc. 57-5928; Piled, July 18, 1957; sued to World Wide Airlines, Inc. 8:52 a. m.] Notice is hereby given that the hear­ [Docket Nos. 12093,12094; PCC 57M-688] ing in the above-entitled proceeding now E l k o B roadcasting C o . a n d N evada assigned to be held on July 16, 1957, is FEDERAL POWER COMMISSION postponed until July 30, 1957, at 10:00 R a d io -T e l e v is io n , I n c . a. m., d. s. t., in Room E-210, Temporary ORDER SCHEDULING HEARING [Docket No. E-6763] Building No. 5, 16th Street and Consti­ Ini re applications of Elko Broadcast­ N o r t h e r n S t a t e s P o w e r Co. tution Avenue NW., Washington, D. C., ing Company, Elko, Nevada, Docket No. NOTICE OF APPLICATION before Examiner James S. Keith. 12093, File No. BPCT-2200; Nevada Ra­ Dated at Washington, D. C., July 12, dio-Television, Inc., Elko, Nevada, Docket J u l y 12, 1957. 1957. No. 12094, File No. BPCT-2278; for con­ Take notice that on July 3, 1957, an struction permits for new television application was filed with the Federal [ s e a l I F r a n c is W . B r o w n , broadcast stations. Power Commission pursuant to section Chief Examiner. It is ordered, This 15th day of July 204 of the Federal Power Act by North­ TP. R. Doc. 57-5934; Piled, July 18, 1957; 1957, that Basil P. Cooper will preside ern States Power Company (hereinafter 8:53 a. m.J _ at the hearing in the above-entitled pro­ called NSP), a corporation organized ceeding which is hereby scheduled to under the laws of the State of Minne­ commence on September 16, 1957, in sota and doing business in said State and FEDERAL COMMUNICATIONS Washington, D. C. the States of North Dakota and South COMMISSION Released: July 16, 1957. ' Dakota with its principal business office at Minneapolis, Minnesota, seeking on or­ [Docket Nos. 12089,12090; PCC 57M-690] F ed eral C ommunications der authorizing the issuance of $18,000,- P ort C i t y T e l e v is io n C o ., I n c . and C o m m is s io n , 000, principal amount of First Mortgage B a y o u B roadcasting C o r p. Es e a l ] B e n F. W a p l e , Bonds, Series due August 1, 1987. NSP Acting Secretary. proposes to issue the aforesaid $18,000,- order s c h e d u l in g h e a r in g [P. R. Doc. 57-5926; Piled, July 18, 1957; 000 of First Mortgage Bonds, Series due In re applications of Port City Tele­ 8:52 a. m.J August 1, 1987 under and secured by the vision Company, Inc., Baton Rouge, Lou­ Trust Indenture, dated February 1,1927 isiana, Docket No. 12089, File No. BPCT- from NSP to Harris Trust and Savings 2262; for construction permit for new Bank, Trustee, as supplemented, includ­ television broadcast station; Bayou [Docket Nos. 12095, 12096; FCC57M-691I ing the Supplemental Trust Indenture Broadcasting Corporation, Baton Rouge, W a y n e M . N e l s o n a n d F red H . W h it l e y to be dated as of August 1, 1957 which Louisiana, Docket No. 12090, File No» WiB set forth the terms of the proposed BMPCT-4417; for modification of con­ ORDER SCHEDULING HEARING issue. NSP proposes to sell the $18>* struction permit for new television In re applications of Wayne M. Nelson, 000,000 of First Mortgage Bonds under broadcast station. Concord, North Carolina, Docket No. competitive bidding. The proceeds from Friday, July 19, 1957 FEDERAL REGISTER 5781 the sale of the First Mortgage Bonds will cost of Construction of additions to Ap­ tions (Nos. 1 and 10). The station loca­ be added to the general funds of NSP. plicant’s electric generating, transmis­ tions and horsepower to be installed, as The general funds of NSP augmented by sion and distribution facilities; and also alleged in the application, are: the proceeds of the sale of the First for the purpose of reimbursing (in whole Mortgage Bonds will be used for (1) pre­ or in part) Applicant’s treasury for ex­ Horse­ penditures made therefrom between Sta­ power to payment of $5,000,000 of short-term tion County or parish State be in­ bank loans made June 17, 1957; (2) for April 1, 1957 and the date when the pro­ No. stalled expenditures under NSP’s construction ceeds of such new securities will be avail­ program during the last eight months of able to Applicant for such construction, 10___ Louisiana.. ___ 2,000 1957, estimated at $27,600,000; and (3) including the payment by Applicant of 0 3.500 7 .. . 3.500 for the proposed redemption and pay­ any note or notes outstanding when the ñ ____ do-T-’ ______3.500 ment of Wisconsin Hydro- Electric Com­ proceeds of such new securities issued 3 3.500 pany’s long-term debt and bank loans by Applicant pursuant to section 204 (e) 1 3.500 amounting to approximately $3,200,000. of the Federal Power Act become avail­ NSP expects that the First Mortgage able for the purpose of reimbursing Applicant alleges that the following Bonds will be Issued on August 22, 1957. Applicant’s treasury for such expendi­ gathering lines and measuring stations Take further notice that NSP in a tures, or for the purpose of providing are required to connect the new supplies supplement filed July 3, 1957, to the ap­ funds necessary for such construction of gas in South Louisiana with the facili­ plication seeks authorization to include pending the issuance of such new ties of the Gulf Interstate Gas Company. a non-callable provision in the Supple­ securities. Gathering lines totaling eleven (11) mentary Trust Indenture authorizing Any person desiring to be heard op to miles of 6 " x 0.280" wall pipe and four the issuance of the $18,000,000 First make any protest with reference to said (4) measuring stations are necessary to Mortgage Bonds. Under this proposed application should, on or before the 2d connect new supplies at Southeast amendment to the Supplemental Trust day of August 1957, file with the Federal Houma, North Maxie and Thornwell. Indenture no bonds of the proposed Power Commission, Washington 25, D. C., Four (4) miles of 4 " x 0.237" wall pipe Series due August 1, 1987, may be re­ petitions or protests in accordance with and two (2) measuring stations are nec­ deemed prior to August 1, 1962. the requirements of the Commission’s- essary to connect new supplies at North Any person desiring to be heard or to rules of practice and procedure (18 CFR Rayne and North Chalkley. Two (2) make any protest with reference to said 1.8 or 1.10). additional measuring stations are re­ application should, on or before the 29th quired at Luling and Lake Hatch. [ s e a l ] J o s e ph H. G u t r id e , day of July 1957, file with the Federal Secretary. The estimated cost of the proposed Power Commission, Washington 25, D. C., facilities is $8,965,000 including $475,000 petitions or protests in accordance with [F. R. Doc. 57-5897; Filed, July 18, 1957; for the additional gathering lines and the requirements of the Commission’s 8:46 a. m.] measuring stations, which Applicant rules of practice and procedure (18 CFR proposes to finance by current funds 1.8 or 1.10). which are available to the company and by temporary bank loans. [ seal] f J o s e p h H. G u t r id e , Secretary. [Docket No. G-10841] This matter should be heard and dis­ posed of as promptly as possible under [P. R. Doc. 57-5898; Filed, July 18, 1957; G u l f I n t e r st a t e G as C o . the applicable rules and regulations, and 8:46 a. m .] NOTICE OF APPLICATION AND DATE OF to that end: HEARING Take further notice that, pursuant to the authority contained in and subject to J u l y 12, 1957. the jurisdiction conferred upon the Fed­ [Docket No. E-6764] Take notice that Gulf Interstate Gas eral Power Commission by sections 7 Company . (Applicant), a Delaware cor­ and 15 of the Natural Gas Act, and the - D u k e P o w e r Co. poration having its principal place of Commission’s rules of practice and pro­ NOTICE OF APPLICATION business in Houston, Texas, filed an ap­ cedure, a hearing will be held on August plication on August 1, 1956, and on Au­ 15, 1957, at 9:30 a. m., e. d. s. t., in a J u l y 12,4957. gust 27,1956, a supplement thereto, for a hearing room of the Federal Power Take notice that on July 5, 1957, an certificate of public convenience and Commission, 441 G Street NW., Wash­ application was filed with the Federal necessity authorizing the construction ington, D. C., concerning the matters in­ Power Commission pursuant to section and operation of certain additional com­ volved in and the issues presented by 204 of the Federal Power Act by Duke pression facilities aggregating 19,500 such application: Provided, however, Power Company (“Applicant”.), a cor­ horsepower and appurtenances and mis­ That the Commission may, after a non- poration organized under the laws of the cellaneous small gathering lines and contested hearing, dispose of the pro­ State of New Jersey and doing business measuring stations to connect new sup­ ceedings pursuant to the provisions of in the States of North Carolina and plies of gas contracted for by United Fuel § 1.30 (c) (1) of the Commission’s rules South Carolina, with its principal busi­ Gas Company (United Fuel) in Southern of practice and procedure. ness office at Charlotte, North Carolina, Louisiana, all as more fully represented Protests or petitions to intervene may seeking an order authorizing the issu­ in the application, which is on file with be filed with the Federal Power Com­ ance of $50,000,000, principal amount the Commission and open for public mission, Washington 25, D. C., in ac­ of __ percent non-convertible, unsecured inspection. cordance with the rules of practice and Sinking Fund Debentures due 1982. United Fuel has requested Applicant procedure (18 CFR 1.8 or 1.10) on or Applicant proposes to issue the aforesaid to deliver to it in the year 1957 a total before August 2, 1957. Failure of any $50,000,000 of Debentures under and of approximately 152,859,000 Mcf on a party to appear at and participate in Pursuant to the provisions of a Trust 15.025 psig basis in order to meet the the hearing shall be construed as waiver Indenture to be made and executed be­ growing requirements of its markets. of and concurrence in omission herein tween the Applicant and Chemical Corn Applicant proposes to attach to its sys­ of the intermediate decision procedure in Exchange Bank, Trustee, and to be dated tem additional gas reserves found in the cases where a request therefor is made. September 1, 1957. A sinking fund will following fields: Lake Hatch, North Under the procedure herein provided for, Provide for retirement of $1,250,000 of Maxie, Northeast Rayne, Southeast unless otherwise advised it will be un­ the Debentures annually prior to Sep­ Houma, Luling, North Chalkley and necessary for Applicant to appear or be tember l of each year commencing in Thornwell. represented at the hearing. 1962. Applicant proposes to .issue the In order to transport the additional $50,000,000 of Debentures under com­ gas to United Fuel in Kentucky, Appli­ [ s e a l ] J o s e p h H. G u t r id e , petitive bidding. The proceeds from the cant proposes to construct four new com­ Secretary. sale of the Debentures will be used for pressor stations (Nos. 3, 5, 7 and 9) and [F. R. Doc. 57-5899; Filed, July 18, 1957; the purpose of financing in part the additions to two existing main line sta- 8:46 a. m.] No. 139- -7 5782 NOTICES

[Docket No. G-12428] poraiion with its principal place of busi­ or (2) of the Commission’s rules of prac­ ness in El Paso, Texas, filed an applica­ tice and procedure: Under the procedure A lg o n q u in G as T ransmission C o . tion on May 28,1957, pursuant to Section herein provided for, unless otherwise ad­ NOTICE OF APPLICATION AND DATE OF 7 of the Natural Gas Act, for authority vised, it will be unnecessary for Appli­ HEARING to construct and operate facilities to cant to appear or be represented at the Ju l y 12,1957. render additional natural gas service, as hearing. hereinafter described, subject to the ju­ Protests or petitions to intervene may Take notice that AlgonquinGas Trans­ risdiction of the Commission, all as more be filed with the Federal Power Commis­ mission Company (Applicant), a Dela­ fully represented in the application sion, Washington 25, D. C.„ in accordance ware corporation having its principal which is on file with the Commission and with the rules of practice and procedure place of business at 25 Faneuil Hall open to public inspection. " (18 CFR 1.8 or 1.10) on or before July Square, Boston, Massachusetts, filed on Applicant proposes to construct and 31, 1957. Failure of any party to appear April 16, 1957, an application for a cer­ operate a 4-inch tap with metering and at and participate in. the hearing shall tificate of public convenience and neces­ regulating appurtenances on El Paso’s be construed as waiver of and concur­ sity, pursuant to Section 7 of the Natural existing 30-inch O. D. Permian-San Juan rence in omission herein of the inter­ Gas Act, authorizing it to increase the crossover line in order to serve additional mediate decision procedure in cases maximum daily quantity of natural gas gas to a present resale gas customer, where a request therefor is made. which it is authorized to sell to Buzzards Southern Union Gas Company, in Val­ Bay Gas Company (Buzzards Bay) from [ seal]J oseph H. G utride, encia CQunty, New Mexico. Southern Secretary. 3,060 Mcf to 3,260 MCf, and to The Con­ Union, which is franchised to operate in necticut Gas Company (Connecticut the, county, will resell the gas to 25 do­ [F. R. Doc. 57-5896; Filed, July 18, 1957; Gas) from 16,190 M cf to 17,290 M cf mestic consumers and to a uranium ore 8:46 a. m.J through existing facilities beginning benefication plant of Homestake-New September 1, 1957, all as more fully rep­ Mexico Partners. Homestake will spend resented in the application, which is on $25,000 for the' 41/4-inch 2%-mile long [Docket No. G-12876] file with the Commission and open for lateral line to serve the plant. Southern public inspection. Union will construct a 1,500 foot-long P h il l ip s P etroleu m C o . Applicant proposes no additional fa ­ 2-inch line tapping the plant pipeline to cilities nor additional gas supply. ORDER FOR HEARING AND SUSPENDING serve 25 domestic consumers near the PROPOSED CHANGE IN RATE This matter is one that should be dis­ plant. The biggest user of the gas will posed o f as promptly as possible under be Homestake. The plant will burn gas Ju l y 12,1957. the applicable rules and regulations and to generate-steam for heating a carbon­ Phillips Petroleum Company (Phillips) to that end: ate leaching solution to treat 750 dry on June 14, 1957, tendered for filing a Take further notice that, pursuant to tons of uranium ore every day of the proposed change in its presently effective the authority contained in and subject week. The solution will be treated with rate schedule for sales of natural gas to the jurisdiction conferred upon the caustic to precipitate yellow oxide of subject to the jurisdiction of the Com­ Federal Power Commission by sections uranium. The ore will be crushed prior mission. The proposed change, which 7 and 15 of the Natural Gas Act, and the to the chemical treatment using electric constitutes an increased rate and charge, Commission’s rules of practice and pro­ crushers drawing their current from gas is contained in the following designated cedure, a hearing will be held on August engine driven generators. filing: 14, 1957, at 9:30 a. m., e. d. s. t», in a The estimated 25 domestic customers, Hearing Room of the Federal Power Description: Notice of Change, dated June representing a population of 100, will use 12, 1957. Commission, 441 G Street NW., Wash­ gas for the usual domestic purposes re­ Purchaser: Panhandle Eastern Pipe Line ington, D. C., concerning the matters placing liquefied petroleum gas and wood Company (Panhandle). involved in and the issues presented by fuel. Rate schedule designation: Supplement such application: Provided, however, No. 8 to Phillips’ FPC Gas Rate Schedule No. Applicant quotes Southern Union’s That the Commission may, after a non- 61. estimates of the first three years of full contested hearing, dispose of the pro­ Effective d a te :1 July 15,1957. operation as 2,750 Mcf annually for resi­ ceedings pursuant to the provisions of In support of the increased rate and § 1.30 (c) (1) or (2) of the Commission's dential customers, 418,290 Mcf annually for the uranium plant, giving a total de­ charge Phillips states that the proposed rules of practice and procedure. Under mand of 421,040 Mcf each year. The Increase results from the application of the procedure herein provided for, un­ peak day requirement is given as 38 Mcf a provision in its rate schedule that if. less otherwise advised, it will be unnec­ residential and 1,250 M cf for the plant, at the end of fifteen years from and after essary for Applicant to appear or be the date of such rate schedule (February represented at the hearing. giving a total o f 1,288 Mcf for each of the three years. 1, 1937), the weighted average royalty Protests or petitions to intervene may Applicant states that the plant has rate being paid on gas produced in Moore be filed with the Federal Power Commis­ County, Texas, is in excess of % of 4 sion, Washington 25, D. C., in accord­ been designed to operate on natural gas and the uranium concentrate sales con­ cents per M cf at 16.4 psia, then the price ance with the rules of practice and pro­ to be paid thereafter shall be increased cedure (18 CFR 1.8 or I.1Q) on or before tract between Homestake and the Atomic Energy Commission was written on the in the amount such royalty rate exceeds August 1, 1957. Failure of any party % of 4 cents per Mcf. Phillips bases its to appear at and participate in the hear­ assumption that gas would be the fuel. This matter is one that should be dis­ proposed increase on the weighted aver­ ing shall be construed as waiver of and age royalty rate being paid for gas de­ concurrence in omission herein of the in­ posed of as promptly as possible under the applicable rules and regulations and livered to major pipeline companies and termediate decision procedure in cases Phillips in Moore County in December where a request therefor is made. to that end: • Take further notice that, pursuant to 1956, rather than the weighted average [ se al! J o seph H. G utride, the authority contained in and subject rate being paid by Phillips in that county Secretary. to the jurisdiction conferred upon the during that month. Panhdhdle protests Phillips’ proposed [F. R. Doc. 57-5894; Filed, July 18, 1957; Federal Power Commission by sections 7 8:46 a. m. j and 15 of the Natural Gas Act, and the increase as inconsistent with the provi­ Commission’s rules of practice and pro­ sions o f the rate schedule, contending cedure, a hearing will be held on August that such rate schedule provides for a 7,1957, at 9:30 a. m., e. d. s. t., in a Hear­ single adjustment based on the weighted [Docket No. G-I2650 } ing Room of the Federal Power Commis­ average royalty rate being paid in Moore County on February 1,1952, and does not El P aso N atural G as C o. sion, 441 G Street NW.,' Washington, D. C., concerning the matters involved permit continuing adjustments as evi­ n o t ic e o f application and date of in and the issues presented by such ap­ denced by Phillips’ use of the rate being HEARING plication: Provided, however,, That the 1 The stated effective date is the first day July 12,1957. Commission may, after a non-contested after expiration of the required thirty dap Take notice that El Paso Natural Gas hearing, dispose of the proceedings pur­ notice, or the effective date proposed by Company (Applicant), a Delaware cor- suant to the provisions of § 1.30 (c) (1) Phillips, if later. Friday, July 19, 1957 FEDERAL REGISTER 5783 paid in December 1956. Panhandle also HOUSING AND HOME Act of 1954, as amended (68 Stat. 640, as contends that the rate should be de­ amended, 40 U. S. C. 461), except those creased by reason of other provisions of FINANCE AGENCY authorities which under paragraph 5 of the rate schedule. Office of the Administrator such delegation may not be redelegated. The instant rate schedulê has been the (Reorg. Plan No. 3 of 1947, 61 Stat. 954; 62 subject of previous hearings in Docket R e g io n a l A dministrator , R e g io n V I Stat. 1283 (1948), as amended by 64 Stat. 80 No. G-10908 resulting from the filing by (S a n F r a n c is c o ) (1950), 12 TJ. S. C. 1952 ed. 1701c) Phillips on June 29, 1956, of a proposed DELEGATION OP AUTHORITY TO REDELEGATE Effective as of the 21st day of May “correction” in its June 1954 billing-state­ CERTAIN AUTHORITY TO, AND TO DESIGNATE 1957. ment under the rate schedule. By order AN ACTING DIRECTOR FOR NORTHWEST OP­ J o h n P . M cC o l l u m , issued in that docket on April 5,1957, the ERATIONS, REGION VI Regional Administrator, Commission determined the rate effec­ Region IV. tive on June 7, 1954, to be that set forth 1. The Regional Administrator, Re­ in Phillips’ initial filing and held that the gion VI, San Francisco, California, Hous­ [F. R. Doc. 57-5930; Filed, July 18, 1957; “correction” constituted a change in rate ing and Home Finance Agency, is hereby « 8:53 a. m.] which would only be accomplished by a authorized to redelegate to the Director proper filing in conformity with the Com­ for Northwest Operations, Region VI, at mission’s regulations under the Natural Seattle, Washington, any of the author­ INTERSTATE COMMERCE Gas Act. -• ity delegated to the Regional Adminis­ COMMISSION The instant filing of a change in rate trator with respect to programs admin­ F o u r t h -S e c t io n A pplications for R e l ie f raises many of the questions upon which istered under the Community Facilities evidence was received at the hearing in Administration (Part VI, 21 F. R. 10188, J u l y 16, 1957. December 19, 1956, as amended) for ex­ Docket No. G-10908. Incorporation of Protests to the granting of an applica­ ercise concerning matters within his ju­ pertinent evidence in that proceeding in tion must be prepared in accordance with the record to be made in this docket risdiction (the counties of Adams, Bene­ wah, Bonner, Boundary, Clearwater, Rule 40 of the general rules of practice should permit expeditious disposition of (49 CFR 1.40) and filed within 15 days the questions raised by the instant filing. Idaho, Kootenai, Latah, Lemhi, Lewis, Nez Perce, Shoshone, Valley, and Wash­ from the date of publication of this notice The increased rate and charge so pro­ in the F ederal R e g ist e r . posed has not been shown to be justified, ington in the state of Idaho; and the and may be unjust, unreasonable, un­ states of Montana; Oregon; and Wash­ LONG-AND-SHORT HAUL ington). duly* discriminatory, or preferential, or FSA No. 34005: Sand— Arkansas,.Mis­ otherwise unlawful. 2. The Regional Administrator, Re­ souri, and Oklahoma points to James­ The Commission finds: It is necessary gion VI, San Francisco, California, Hous­ town, N. Y. Filed by F. C. Kratzmeir, and proper in the public interest and to ing and Home Finance Agency, is hereby Agent, for interested rail carriers. Rates aid in the enforcement of the provisions authorized to designate by position title on sand, noibn, carloads, from Gurion, of the Natural Gas Act that the Com­ the Regional officer or officers next in Ark., Klondike, Ludwig, Pacific, Mo.» mission enter upon a hearing concern­ order who shall act in the place and Gate, Mill Creek, and Roff, Okla., to stead of the Director for Northwest Op­ ing the lawfulness of the proposed Jamestown, N. Y. change, and that the above-designated erations, Region VI, in the event such Grounds for relief: Short-line distance Director is unable to act by reason of his supplement be suspended and the use formula and circuitous routes. absence, illness, or other cause. Each thereof deferred as hereinafter ordered. Tariff: Supplement 112 to Agent office^ so designated shall, while acting The Commission orders: Kratzmeir’s tariff I. C. C. 4135. (A) Pursuant to the authority of the as “Acting Director for Northwest Op­ FSA No. 34006: Lettuce— Texas points erations, Region VI,” exercise all the Natural Gas Act, particularly sections 4 to Arkansas points and Memphis, Tenn. powers and functions and assume the and 15 thereof, the Commission’s rules Filed by F. C. Kratzmeir, Agent, for in­ duties and responsibilities which have of practice and procedure, and the Reg­ terested rail carriers. ■ Rates on lettuce, ulations under the Natural Gas Act (18 been delegated or assigned to such carloads from specified points in Texas Director. CPR Ch. I ) , a public hearing be held on the Panhandle and Santa Fe Railway upon a date to be fixed by notice from (Reorg. Plan No. 3 of 1947, 61 Stat. 954; 62 Company to Jonesboro and Little Rock, the Secretary concerning the lawfulness Stat. 1283 (1948), as amended by 64 Stat. 80 Ark., and Memphis, Tenn. (1950), 12 U. S. C. 1952 ed. 1701c) of the proposed increased rate and Grounds for relief: Circuitous routes. charge. Effective as of the 12th day of August Tariff: Supplement 356 to Agent (B) Pending such hearing and deci­ 1957. Kratzmeir’s tariff I. C. C. 4139. sion thereon, said supplement be and it A lbe r t M . C o l e , FSA No. 34007: Volcanic ash— Colorado Housing and Home points to the southwest. Filed by F. C. is hereby suspended and the use thereof Finance Administrator. Kratzmeir, Agent, for interested rail car­ deferred until August 15, 1957, and until riers. Rates on ash, scoria or slag, vol­ such further time as it is made effective [F. "r . D oc. 57-5929; Filed, July 18, 1957; 8:53 a. m.] canic, carloads from Antonito, Crater, in the manner prescribed by the Natural Howard and Mesita, Colo., to points in Gas Act. Arkansas, Louisiana (west of the Mis­ (C) Neither the supplement hereby sissippi R iver), southern Missouri, New suspended, nor the rate schedule sought R e g io n a l D irecto r o p U rban R e n e w a l , Mexico, Oklahoma and Texas. to be altered thereby, shall be changed R e g io n IV (C h ic a g o , I l l i n o i s ) Grounds for relief: Short-line distance until this proceeding has been disposed of formula, and circuitous routes. redelegation o p a u t h o r it y w i t h respect Tariff: Supplement 10 to Agent Kratz­ or until the period of suspension has ex­ TO URBAN PLANNING GRANT PROGRAM pired, unless otherwise ordered by the meir’s tariff I. C. C. 4252. The Regional Director of Urban Re­ FSA No. 34008: Superphosphates and Commission. fertilizer compounds to Spartanburg, (D) Interested State commissions may newal, Region IV (Chicago, Illinois), Housing and Home .Finance Agency, is S. C. Filed by O. W. South, Jr., Agent, participate as provided by §§ 1.8 and 1.37 hereby authorized within such Region to for interested rail carriers. Rates on (f) of the Commission’s rules of practice exercise the authority delegated to the superphosphates and fertilizer com­ and procedure (18 CFR 1.8 and 1.37 (f) ). HHFA Regional Administrator by the pounds from Wilmington and Acme, By the Commission. Housing and Home Finance Administra­ N. C., to Spartanburg, S. C. tor’s delegation of authority effective Grounds for relief: Circuitous routes. [ se al] J o s e ph H . G u t r id e , December 23, 1954 (20 F. R. 428-429, Tariff: Supplement 83 to Agent Span- Secretary. January 19, 1955), as amended, with re­ inger’s tariff I. C. C. 1510. [P. R. Doc. 57-5895; Filed, July 18. 1957; spect to grants for urban planning au­ FSA No. 34009: Fullers earth— Flor­ 8:46 a.m .] thorized under section 701 of the Housing ida and Georgia points to southern 5784 NOTICES

points. Piled by O. W. South, Jr., Agent, on one hand, and Conshohocken, Phila­ Grounds fo r relief:- Short-line dis­ for interested rail carriers. Rates on delphia, West Chester, Pa., Freehold, tance formula, and circuitous routes. fullers earth, carloads from Jamieson, Riverside and Trenton, N. J., on- the Tariffs: Supplements 53 and 7 to Agent Magnet Cove, Quincy, Fla., Attapulgus, other. C. W. Boin’s tariffs L C. C. A-1059 and Faceville, Quality, and Roddenbery, Ga., Grounds for relief: Motor truck com­ A-1087, respectively, and Supplement to Norco, La., Heathman, Miss., and petition. 249 to Reading Company’s tariff I. C C South Washington, Va. Tariff: Supplement 5 to The Pennsyl­ 2323. ' * Grounds for relief: Modified short-line vania Railroad Company’s tariff I. C. C. FSA No. 34014: Barium sulphate— distance formula, and circuitous routes. No. 3543. North Atlantic ports to West Virginia Tariff: Supplement 75 to Agent Span- FSA No. 34012: Foodstuffs—Onset, points. Filed by o ; E. Schultz, Agent inger’s tariff L C. C. 1491. Mass., to official territory. Filed by O. E. for interested rail carriers. Rates on PSA NOi-34010: Slag— Carteret, N. J., Schultz, Agent, for interested rail car­ crude, unground barium sulphate (b ar­ to Mobile, Ala., and New Orleans, La. riers. Rates on canned cranberry cock­ ytes ore>, in bulk, in open top equipment, Filed by St. Louis-San Francisco Railway tail, jelly, juice or sauce, carloads from carloads from Albany and New York’ Company, for itself and interested rail Onset, Mass., to specified points in official N. Y ., Boston, Mass., Philadelphia, Pa., carriers. Rates on slag, granulated, car­ (including Illinois) territory. and Norfolk, Ya. (import traffic) to loads from Carteret, N. J., to Mobile, Ala., Grounds for relief: Modified short-line Charleston and South Charleston, W. and New Orleans, La. distance formula, origin relationship Ya., and Huntington, W. Va. Grounds for relief: Circuitous routes with South Hanson, Mass., and circuitous Grounds for relief: Circuitous mites. in part west of the Mississippi River. routes. Tariffs: Supplements 2(1 and 51 to FSA No. 34011: T. O. F. C. service— Tariffs: Supplements 8 and 9 to Agent Agent C. W. Boin’s tariffs I. C. C. A-1116 Pennsylvania Railroad Company. Filed C. W. Bain’s tariff I. C. C. A-1105. and A-2017, respectively, supplement 232 by The Pennsylvania Railroad Company, FSA No. 34013: Sugar—Eastern points to Agent O. E. Swenson’s tariff I. C. C. for itself and on behalf of The Long to official, Illinois and northwestern ter­ 591, and supplements 216 and 45 to Agent Island Railroad Company. Rates on ritories. Filed by O. E. Schultz, Agent, R. B. LeGrande’s tariffs I. C. C. 253 and 256, respectively. property of various kinds, loaded in or for interested rail carriers. Rates on on trailers and transported on railroad sugar, beet or cane, in bulk, carloads in By the Commission. flat cars betweén Detroit, Mich., and self-clearing permanently enclosed cars Es e a l ] H arold D. M cC o y , Toledo, Ohio, on one hand, and New from Philadelphia, Pa. , and other eastern Secretary. Brunswick, N. J., and New York, N. Y „ points to points in official, Illinois, and TF. ft. Doc. 57-5917; Filed, July 18, 1957; on the other ; also between Toledo, Ohio, northwestern territories. 8:50 a.m . J

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