EGISTER '9 3 4 ^ VOLUME 24 NUMBER 215 * ^A/iTEO ^ Washington, Tuesday, November 3, 1959

propriated funds. They do not apply to CONTENTS Title 5— ADMINISTRATIVE those principals, school administrators, or others whose services are required Agricultural Marketing Service PaS® PERSONNEL for a full calendar year. Proposed rule making: Chapter VI— Department of Defense § 601.3 Implementation. Milk in the Detroit and Central Implementing documents, to be issued Michigan marketing areas__ 8935 SUBCHAPTER A— OFFICE OF THE SECREtARY Oranges, navel, grown in Ari­ OF DEFENSE by the Secretaries of the military depart­ ments, will be submitted to the Asistant zona and designated part of PART 601— SALARIES AND PERSON­ Secretary of Defense (Manpower, Per­ California______8935 NEL PRACTICES APPLICABLE TO sonnel and Reserve) for review for con­ Rules and regulations : TEACHERS, CERTAIN SCHOOL OF­ sistency prior to their issuance. Such Lemons grown in California and documents shall be prepared with the Arizona; limitation of han­ FICERS, AND OTHER EMPLOYEES dling------8934 OF THE OVERSEAS DEPENDENTS’ objective of attaining maximum con­ sistency among the teacher personnel Agriculture Department SCHOOLS OF THE DEPARTMENT programs of the military departments in See Agricultural Marketing Serv­ OF DEFENSE procedures and practices. ice. Subpart A— General § 601.4 Effective date. Sec. Alien Property Office 601.1 Purpose. The effective date for the adoption Notices: 601.2 Scope. of the personnel program and compensa­ Vested property, intention to 601.3 Implementation. tion plan provided by this part shall be return: 601.4 Effective date. not later than 90 days after October 15, Pankos Operating Co., S.A__ 8959 Subpart B— Regulations Governing Salaries and 1959. The actual date of adoption shall Stoll, Arnold______8959 Personnel Practices Applicable to Teachers, be mutually agreed upon by appropriate Customs Bureau Certain School Officers and Other Employees authorities in the military departments of the Overseas Dependents’ Schools of the and there shall be a single effective date Proposed rule making: Department of Defense for all. Warehouse withdrawals; filing of entries, _____;______8934 601.5 Definitions. Subpart B— Regulations Governing 601.6 Applicability of Civil Service Com­ Rules and regulations: mission rules and regulations. Salaries and Personnel Practices Articles conditionally free, sub­ 601.7 School year. Applicable to Teachers, Certain ject to a reduced rate; etc.; 601.8 Responsibilities. School Officers and Other Employ­ miscellaneous amendments_ 8926 601.9 Establishment of teaching positions. 601.10 Compensation of teaching positions. ees of the Overseas Dependents’ Defense Department 601.11 Personnel actions. Schools of the Department of De­ Rules and regulations: 601.12 Leave. fense Overseas Dependents’ Schools; 601.13 Allowances and differentials: salaries and personnel prac­ 601.14 Orientation of teachers. § 601.5 Definitions. tices ------8921 Authority : §§ 601.1 to 601:14 issued under As used in this part: (a) “Teaching Federal Aviation Agency sec. 4, 73 Stat. 214 (Public Law 86-91) The position” means those duties and re- Acting Secretàry of Defense approved the sponsibilties which : ( 1 ) Are performed Notices: following on October 15. 1959: on a school-year basis principally in a City of Tacoma, Wash.; notice of public hearing______8953 Subpart A— General school operated by the Department of Defense in an overseas area for depend­ Proposed rule making: § 601.1 Purpose. ents of members of the Armed Forces Air traffic rules; postponement of effective date______8951 To implement the provisions of Public and dependents of civilian employees of the Department of Defense, and Rules and regulations: Law 86—91, the “Defense Department Airworthiness directives: Overseas Teachers Pay and Personnel (2) Involve: (i) Classroom or other instruction or the supervision or direc­ Lockheed 188 Aircraft______8928 Practices Act”, by prescribing regula­ Miscellaneous amendments__ 8928 tions required to carry out the purposes tion of classroom or other instructions; of that Act. or Designation of Federal airways, etc.; revocation______8929 § 601.2 ' Scope. (ii) Any activity (other than teaching) which requires academic credits in edu­ Flight of civil aircraft over relations prescribed herein cational theory and practice required Cuba; flight plans______8928 Is 601.5 to 601.14, are applicable to all for a bachelor’s degree in education from Restricted areas; modification teaching positions and teachers, includ­ an accredited institution of higher edu­ (2 documents)______8929 ing substitute teachers and summer cation; or Standard instrument approach school teachers, who are paid from ap­ procedures; miscellaneous (Continued on next page) alterations______8930 8921 8922 RULES AND REGULATIONS CONTENTS— Continued CODIFICATION GUIDE A numerical list of the parts of the Code Federal Communications Com- Page of Federal Regulations affected by documents FEDERALMREGISTER mission— Continued published in this issue. Proposed rules, as V\ vw-" »34 4)f>& opposed to final actions, are identified as ' i/AilTFO 9 Notices—Continued such. Hearings, etc.—Continued A Cumulative Codification Guide covering REpublic 7-7500 Extension 3261 Santa Rosa Broadcasting Co_ 8956 the current month appears at the end of each Tiffin Broadcasting Co. et al__ 8956 issue beginning with the second issue of the Published daily, except Sundays, Mondays, Tri-State Broadcasting Co. month. and days following official Federal holidays, by the Office of the Federal Register, National (WGTA) ______— 8957 Rules and regulations: 5 CFR ■ ■ Page Archives and Records Service, General Serv­ 601______- ______8921 ices Administration, pursuant to the au­ Radio broadcast services; day­ thority contained in the Federal Register Act, time skywave transmissions— 8925 7 CFR approved July 26, 1935 ( 49 Stat. 500, as Food and Drug Administration 953______8934 amended; 44 U.S.C., ch. 8 B ), under regula­ Rules and regulations: Proposed rules: tions prescribed by the Administrative Com­ 914___ •______t 8935 mittee of the Federal Register, approved by Vitamin E in foods for special the President. Distribution is made only by dietary use ; label declaration ; 924______8935 the Superintendent of Documents, Govern­ correction ______8927 1025______— 8935 ment Printing Office, Washington 25, D.C. Health, Education, and Welfare The F ederal R egister will be furnished by 14 CFR mail to subscribers, free of postage, for $1.50 Department 60______— 8928 per month or $15.00 per year, payable in See Food and Drug Administration. 507 (2 documents)______8928 advance. The charge for individual copies 600 ______8929 (minimum 15 cents) varies in proportion to Indian Affairs Bureau 601 ______8929 the size of the issue. Remit check or money Notices: 608 (2 documents)______8929 order, made payable to the Superintendent Various designated officials; re­ 609 "______- ______—— 8930 of Documents, directly to the Government delegation of authority------. 8952 Printing Office, Washington 25, D.C. 620______8928 The regulatory material appearing herein Interior Department Proposed rules: il s ’TD.fca*1 is keyed to the Code op F ederal R egulations, S ee Indian Affiairs Bureau. 60______——'_____ 8951 which is published, under 50 titles, pursuant Interstate Commerce Commis­ to section 11 of the Federal Register Act, as 19 CFR amended August 5, 1953. The Code op F ed­ sion 10______8926 eral R egulations is sold by the Superin­ Notices: Proposed rules: tendent of Documents. Prices of books and Fourth section applications for 8 .______— 8934 pocket supplements vary. relief (2 documents)__ _ 8959, 8960 There are no restrictions on the re­ 21 CFR publication of material appearing in the Motor carrier transfer proceed­ 3______8927 ings______8959 F ederal R egister, or the Code op F ederal 22 CFR R egulations. Justice Department 52______8927 S ee Alien Property Office. Labor Department 29 CFR S ee Wage and Hour Division. Proposed rules: SEMIANNUAL 687______8951 CFR SUPPLEMENT Securities and Exchange Com­ 31 CFR mission 3____ 8934 Notices: (As of July 1, 1959) Hearings, etc.: 47 CFR Jacobs, F. L., Co------8958 . 3______8925 The following semiannual cumulative Studebaker-Packard Corp. (3 pocket supplement is now available: documents)______8957. (iii) Any activity in or related to the State Department field of education notwithstanding that Title 46, Parts 146-149, Rules and regulations r academic credits in educational theory 1959 Supplement 1 ($1.25) Births and marriages; registra­ and practice are not a formal require­ tion of birth abroad and cer­ ment for the conduct of such activity. Order from Superintendent of Documents, tification thereof------8927 (b) “Teacher” means an individual: Government Printing Office, Washington Treasury Department (1) Who is a citizen of the United 25, D. C. States, See also Customs Bureau. (2) Who is a civilian, and Notices: (3) Whose services are required on Aluminum mill products from a school-year basis in a teaching position. CONTENTS— Continued Italy; determination of no (c) “Substitute teacher” means a civil­ sales at less than fair value—^ 8952 Federal Communications Com- Page ian who is a U.S. citizen whose services Delegation of functions: are required on a temporary or intermit­ mission Bureau chiefs and Coast tent basis to perform the duties and re­ Notices; Guard Commandant------8952 sponsibilities assign to a teacher. Hearings, etc.; Coast Guard Commandant (2 (d) “Summer school teacher” means American Telephone and Tel­ documents)______- 8952 a civilian who is a U.S. citizen whose egraph Co. et al— ------8953 Rules and regulations: services are required during a summer Pelt, Lawrence W., and Inter­ Claims regulations; miscellane­ school session to perform the duties of a national Good Music, Inc__. 8953 ous amendments------8934 teaching position. Florence Broadcasting Co., (e) “Overseas dependents schools” Inc.,‘et al. (2 documents)— 8953, Wage and Hour Division 8956 Notices: means the schools operated by the mili­ tary departments' to provide primary Graves County Broadcasting Learner employment certifi­ cates; issuance to various in­ and secondary educations for dependents Co., Inc., and Muhlenburg of military personnel and civilian per­ Broadcasting Co. (WNES) _ 8956 dustries ______— - 8958 Proposed rule making: sonnel employed by the Department of Madison Broadcasters— - 8956 Defense in areas located outside the Mount Wilson FM Broadcast­ Industry Committee 45-B; res­ ignation and appointment of several States, the District of Columbia, ers, Inc., (KBCA) and Fred- the Commonwealth of Puerto Rico, the dot, Ltd. (K IT T )...... 8956 employee member—------— 8951 Tuesday, November 3, 1959 FEDERAL REGISTER 8923

Canal Zone, and the possessions of the (b) Schedules. A single, coordinated, (6) Initial conversion from Classifica­ United States (excluding the Trust uniform compensation schedule will be tion Act schedule to the teacher sched­ Territory of the Pacific Islands and jointly developed and adopted, and from ule. A teacher initially converted with Midway Islands). time to time adjusted, as appropriate, by his position from the Classification Act § 601.6 Applicability of Civil Service the three military departments, which schedule to the teaching schedule shall Commission rules and regulations. will: be entitled to compensation in the level (1) List the various classes and levels to which his position is assigned which Except as otherwise provided in ap­ of teaching positions; is not less than 10/12’s of the annual sal­ plicable law and by Subpart B of this (2) For each level, establish and pre­ ary rate received by the employee under part, the regulations issued by the scribe on a school year basis the basic the Classification Act prior to such con­ United States Civil Service Commission compensation step rates. At each level version. However, if such rate is in for the “Excepted Service”, as imple­ the schedule will gilso provide, in each excess of the maximum rate of the level mented by the military departments, step rate, for an appropriate additional to which his position is assigned, he shall will apply. increment for those teachers who possess then be paid at a rate equal to 10/12’s § 601.7 School year. a Master’s degree and may provide a fur­ of his annual rate prior to such conver­ ther increment for those who have sion. He shall continue to receive com­ The “school year” for teachers will completed a higher level of academic consist of not more than 190 working pensation at such rate so long as he preparation. occupies the same level of position, until days including not less than 175 days of (3) The daily rate for a teaching posi­ classroom instruction. he becomes entitled under the normal tion will be the school year rate divided operations of the pay system to compen­ § 601.8 Responsibilities. by 190. Substitute teachers and summer sation equal to or greater than that school teachers will receive a flat daily Subject to Subpart B of this part, the which results from the application of rate as prescribed in the compensation the regulations in this paragraph. Secretary of each military department schedules. will: (7) During travel. While enroute to (c) Rules for fixing compensation— and from overseas assignments, teachers (a) Determine the need for and estab­ (1) New appointments. Each new ap­ lish teaching positions in his depart­ will be in a non-pay status. However, ment; pointment shall be made at the mini­ they will receive appropriate per diem mum rate for the level to which the (b) Establish for each such position while traveling. employee is assigned plus any additional (d) Step increases— (1) Eligibility. appropriate salary rates; and increment to which he would be entitled (c) Issue such regulations as he may Each employee in a teaching position in accordance with paragraph (b) (2) of whose salary is fixed under Subpart B of determine to be necessary for further this section. implementation of Public Law 86-91 this Part 601 and who is serving under an (2) Reemployments, transfers, reas­ appointment without time limitation (Defense Department Overseas Teachers signments and demotions other than for Pay and Personnel Practices Act), of shall advance one numerical service step cause. Upon reemployment, transfer, for each school year of satisfactory serv­ July 17, 1959 (73 Stat. 213), and Subpart reassignment or demotion other than for B of this part. ice until he reaches thè highest step on cause pay may be fixed at any step rate the schedule for his level : Provided, That § 601.9 Establishment of teaching posi­ for the level in which employed which he has been in a pay status at least 150 tions. does not exceed the highest previous rate ~ working days during his last previous (a) Uniform classification standards received in Federal employment. How­ school year in a Department of Defense will be jointly developed and adopted by ever, if the highest previous rate falls Overseas Dependents School, for which a the three military departments for all between two scheduled service step rates step increase has not been granted. Eli­ teaching positions. of the new level pay may be fixed at the gibility for an additional advancement (b) All teaching positions which in­ higher step rate. In those cases where within the same level (by reason of volve approximately the same degree of former Federal employment was under a attaining higher academic qualifica­ difficulty, responsibility and training, different pay schedule the highest pre­ tions) shall not preclude the teacher and which should receive' comparable vious rate shall be determined as 10/12’s from receiving a service step increase if pay treatment, will be assigned to a sin­ of the salary received under such other otherwise eligible. gle level. schedule if such salary was on an annual (2) Effective date. Step increases ..basis. If the reemployment, transfer or (c) The schedule of teaching positions shall be made effective at the beginning will consist of as many levels as are reassignment occurs in the sqhool year of the school year. following satisfactory completion of a (e) Compensation payment— (1) Sal­ found to be necessary to properly recog­ school year, the teacher may be granted nize the various significant degrees of ary .computation. Compensation of difficulty, responsibility and training the step increase earned in the previous teachers, substitute teachers, and sum­ vyear. mer school teachers shall be in accord­ which are required in teaching positional (3) Eligibility for additional pay in­ in the overseas dependents schools. ance with the payroll and leave account­ crement upon completing advanced edu­ ing procedures of the employing depart­ (d) Each level shall include titles of cational preparation. A teacher who classes of teaching positions which are ment and such policies and instructions completes advanced educational prepa­ as may be prescribed by the Assistant appropriate for the various categories of ration for which an additional pay incre­ teaching positions which should prop­ Secretary of Defense (Comptroller). ment is provided shall be assigned to the (2) Late arrivals at teaching posts. erly be placed in the same level. To the higher rate effective on the first day of extent appropriate, titles should be of a (i) Teachers who are employed with the the first pay period following the receipt understanding that they will serve for broad, general nature (i.e., “Classroom of documentary evidence that the work Teacher”, “Librarian”, etc.). an entire school year or a specified part has been completed. thereof and who through no fault of § 601.10 Compensation of teaching posi­ (4) Promotions between levels. A their own as a result of transportation or tions. v teacher who is promoted to a higher level processing delays after appointment ar­ (a) Basis. Rates of basic compensa­shall be assigned to the lowest numerical rive late at their post of assignment will tion for teaching positions will be fixed step on the schedule for his new level be administratively excused and paid as by the Secretaries of the military de­ which will give him an immediate in­ if they had arrived on time and actually partments in relation to rates of basic crease in school year salary rate at least served during the lost time. compensation forsimilar positions in the equal to a service step increment in the (ii) Teachers who through their own continental United States, exclusive of level from which promoted. fault arrive late at their post of assign­ Alaska and Hawaii, but no such rate (5) Demotions for cause. Teachers ment will not be paid for the teaching days or school recess period days occur­ shall exceed the highest rate of basic who are demoted for cause shall be as­ compensation for similar positions of a ring prior to the day of arrival at the post signed to a step rate in the level to which of duty. comparable level of duties and responsi­ demoted which does not exceed the (3) Early arrivals at teaching posts. bilities under the municipal government numerical step held in the level from (i) Teachers who arrive at their post of of the District of Columbia. which they were demoted. assignment prior to the start of the school 8924 RULES AND REGULATIONS required full time for the balance of (ii) He is an employee of the Federal year will not be entitled to compensation Government or the municipal govern­ until the start of the school year. the school year, action may be taken (ii) Teachers who are required to re­ to appoint him as a teacher provided ment of the District of Columbia who is. he is otherwise eligible for such appoint­ transferred, promoted, or reappointed, port at their post of assignment and to without break in service, from a position perform work prior to the start of the ment. ^ school year shall be paid at the daily rate (e) Actions affecting summer school under a different leave system to a teach­ teachers. Teachers who are employed as ing position. for their level and numerical service step (2) Sick leave so credited shall be for each day of such work performed. summer school teachers will be given ex­ (4) Late departures from teachingcepted appointments not to exceed the included in the leave provided for in posts, (i) Teachers who cannot leave length of time for which their service paragraph (a) of this section. Annual promptly at the end of a school year be­ will be required, on a when-actually- leave so credited shall not be included cause of circumstances beyond their employed (WAE) basis under Schedule in the leave provided for in such para­ A, Part 6 of the Civil service Regulations. graph but shall be used under regulations control such as a lack of available trans­ which shall be prescribed by the Secre­ portation facilities will not be entitled § 601.12 Leave. to compensation for the period between tary of the military department con­ the end of the school year and the date (a) Amount and accrual rate. A cerned. teacher (other than an individual em­ (3) In any case in which the amount of departure. (ii) Teachers who are required to per­ ployed as a substitute teacher) shall be of sick leave, which is to the credit of any individual under a different leave form work after the end of the school entitled to cumulative leave, with pay, which shall be known as “teachers system immediately prior to the date on year shall be paid at the daily rate for leave”, which shall accrue at the rate which he becomes subject as a teacher their level and numerical service step for of one day for each calendar month or to the leave system provided by this sec­ each day of such work performed. part thereof, of a school year, except tion and which is included in the leave § 601.11 Personnel actions. that: provided for in paragraph (a) of this (a) Qualification standards. The mil­ (1) If the school year includes more section, is in excess of the maximum itary departments will develop and use than eight months, any teacher who amount of accumulated leave allowable uniform minimum experience and train­ shall have served for the entire school under paragraph (a) (2) of this section, ing qualification standards for all teach­ year shall be entitled to ten days of such excess shall remain to the credit of ing positions. cumulative leave with pay; such teacher until used. However, the (b) Actions affecting teachers— (1) (2) Not more than seventy-five days use during any leave year of any amoimt Appointments. Appointments will be of leave may accumulate to the credit of in excess of the aggregate amount which made under Schedule A, Part 6 of the a teacher at any one time under this shall have accrued during such year shall Civil Service Regulations and in full paragraph; and reduce automatically the maximum al­ recognition of applicable civil service (3) Such leave, not to exceed the lowable amount of accumulated leave at appointment requirements and regula­ amount which may be accrued during the beginning of the next leave year tions of the military departments the school year, may be advanced for until such amoimt no longer exceeds the use at any time within the school year. concerned. maximum amount allowable under para­ (2) Trial period. Appointees are re­ Such advance shall be subject to subse­ graph (a) (2) of this section. quired to serve a trial period of one quent earning of such leave, or repay­ (g) Minimum charge. The minimum school year except as follows: ment upon separation or at the end of charge for leave shall be one-half day (i) Present and former teachers who the school year, for leave advanced but and additional charges shall be in multi­ have already satisfactorily completed at not earned. , ples thereof. Absence from duty of less least one school year as a teacher in (b) Summer school teachers. Leave than one-half day may be excused for the Department of Defense dependents will not be earned by summer school adequate reasons without charge to schools system. teachers, nor will teachers leave accu­ leave, at the discretion of administrative (ii) Persons transferred or appointed mulated during school years be granted authority. without a break in service of more than for summer school absence. (h) Transfer and recredit of teachers 30 calendar days while serving a trial (c) Substitute teachers. Substitute leave. (1) When a teacher is separated period as a teacher may complete the teachers will not earn leave of any kind. from a teaching position and is reap­ trial period in the teaching position to (d) Non-work days. Saturdays, Sun­ pointed in another teaching position which appointed. days, regularly scheduled holidays and without a break in service of more than (3) Reassignment. Reassignments other administratively authorized non­ one school year, his leave account may be effected at any time following work days shall not be considered to be (teachers leave) shall be certified to the appointments. Consent of the teacher days of leave. employing agency for credit or charge. while desirable need not be a decisive (e) Use of leave. Leave earned by (2) When an employee is separated factor for reassignment either within any teacher under this section may be from a teaching position and is reap­ the 'fcame school or to another school granted during the school year: pointed in a position subject to another within a school area as defined by each ( 1 ) For maternity purposes ; leave act without a break in service his military department when the need for (2) In the event of the illness of such leave account shall be certified to the a teacher with, particular qualifications teacher; employing agency for credit or charge is clearly evident. (3) In the event of illness, contagious in accordance with regulations to be (4) Promotion. Promotions will be disease, or death in the immediate family issued by the Civil Service Commission. based on qualifications and merit. No of such teacher and réquiring their (i) Liquidation of leave upon separa­ time in level restrictions governing pro­ absence; tion. (1) Any annual leave earned under motions will be applied by the military (4) In the event of any personal a different leave system and remaining departments. emergency; ¡and to the credit of a teacher upon separa­ (c) Actions affecting substitute teach- (5) If appropriate advance notice is tion shall be liquidated by a lump-sum ers. (1) Substitute teachers will be given given of the intended absence of a payment in accordance with the Act of excepted appointments not to exceed one teacher, not to exceed three days of such December 21,1944 (5 U.S.C. 61b). year on a when-actually-employed leave may be granted for any purpose (2) The teacher’s leave earned or in­ (WAE) basis under Schedule A, Part in each school year to such teacher. cluded under paragraph (a) of this sec­ 6 of the Civil Service Regulations. (f) Conversion o f leave. (1) A teacher tion shall not be liquidated through (2) The same minimum experienceshall be credited, for the purposes of the lump-sum payment when the teacher is and qualifications standards used for leave system ^provided by this section, separated. regular teachers will be applicable to with the annual and sick leave to his § 601.13 Allowances and differentials. substitute teachers. Waivers may be credit immediately prior to the effective authorized by regulations of the military date of his conversion, transfer, promo­ (a) Entitlement to cost-of-living al­ departments. tion, demotion, or reappointment to a lowances and post differentials. (1) En­ ✓ (d) Change from substitute teacher to teaching position provided: titlement of teachers and summer school teacher. When it is determined that the (i) He is holding a position which isteachers to quarters, quarters allow­ services of a substitute teacher will be determined to be a teaching position, or ances, cost-of-living allowances and post Tuesday, November 3, 1959 FEDERAL REGISTER 8925

differentials shall be in accordance with 7755>, in which we adopted certain ance with the daytime skywave restric­ “Standardized Regulations (Government amendments to §§ 3.23(b) and 3.24 of the tions at such higher angles. But such a Civilians, Foreign Areas)” issued by Commission’s rules, added new §§3.38 rigid requirement we believe to be un­ Department of State, June 1953, as and 3.187 to the rules, added new ma­ desirable, especially because if it should amended, and Department of Defense terial to § 3.190, and ordered that this be adopted our rules would present the Instruction 1418.1, dated December 3, proceeding is terminated. The changes anomaly of requiring a more complete 1957, "Policy in Regard to Payment of in the rules were all made effective Oc­ showing of protection with respect to Allowances in Foreign Areas”. tober 30, 1959. daytime skywave radiation than with re­ (2) Substitute teachers will not be en­ 2. Upon further consideration of the spect to nighttime skywave radiation titled to quarters, quarters allowances, Daytime Skywave proceeding and our (which is of course much greater), since cost-of-living allowances, post differen­ decision therein, we are of the view that the latter is evaluated over the portion tials or storage of household goods. certain additional changes in our rules of the vertical angle up to the pertinent (b) Entitlement to storage of house­are necessary and appropriate in order angle as indicated by Fgures 6 or 6a (See hold effects. When a teacher is reas­ to achieve proper and complete resolu­ §3.185 of the rules). Therefore, we signed to another location between tion of this matter. These are: (1) adopt herein the decision on this matter school years or for another reason re­ clarification of the language of the new announced in our 1954 Proposed Report linquishes his quarters during the sum­ § 3.187(a) so as to define the pertinent and Order. Accordingly, we are amend­ mer with the result that a quarters vertical angles of radiation which are to ing § 3.187(a) by the addition of the allowance is not payable, or when gov­ be considered in applying the restrictions words "at or below-the pertinent vertical ernment quarters assigned for the school on operation during the two hours after angle determined from Curve 4 of Figure year are not made available to the sunrise and the two hours before sunset; 6a of § 3.190” immediately after the teacher for the vacation period, storage (2) modification of the same section so words “Class I station” in subparagraph (including packing, dray age, unpacking as to permit changes in existing Class (I) of that paragraph. and transportation to and from storage) II facilities which, while not conforming 5. Changes in facilities not resulting in of his household goods and personal to the new restrictions, would not result increased daytime skywave interference. possessions, will be authorized by the in daytime skywave interference greater As set forth in the Appendix to our Sep­ employing agency at no cost to the than that from the present facilities; (3) tember Report and Order, § 3.187(a) teacher, subject to the weight limitations similar modification of the restriction on precludes the authorization of any new applicable to the shipment of household changes in existing Class II Limited Time Class II facilities and of any changes goods and personal effects of civilian facilities (§ 3.38) ; and (4) a clarifying in facilities, unless the proposed opera­ employees. amendment to § 3.87 relating to pre-sun­ tion would comply with the new daytime § 601.14 Orientation of teachers. rise operation by Class II stations. Ac­ skywave restrictions. Upon further con­ cordingly, on our own motion, pursuant Prior to their departure from the sideration, we conclude that this rule is to § 1.16 of our rules, we set aside those unduly restrictive as to changes in fa­ United States, teachers employed for the portions of Paragraph 27 of our Septem­ overseas dependents schools will be given cilities, in that it would preclude author­ ber 18 Report and Order, and of the izations for changes in Class n opera­ an adequate orientation on the condi­ Appendix thereto, which: (1) make all of tions under which they will live and tions which, while not meeting the new the changes in the rules effective October restrictions, would in fact cause daytime work. This information will be included 30, 1959; (2) set forth the text of new in printed form and will cover the fol­ skywave interference less than, or no §§ 3.38 and 3.187; (3) order the proceed­ more than, the present mode of the Class lowing matters as a minimum. ing terminated. The, present Supple­ (a) The nature, extent and duration n station’s operation. Therefore we are mental Report and Order covers these revising § 3.187(a) so as not to preclude of the service which the Government of matters; in all other respects our Sep­ the United States expects from them as grants of changed facilities where there tember 18 Report and Order is affirmed. would be no increase in daytime radia­ provided uniformly in the regulations of 3. The pertinent vertical angles in­ the employing agency. tion toward the co-channel Class I sta­ volved. In our March 1954 Proposed Re­ tion, or material decrease in the distance

" "Books, engravings, photographs, etch­ the appropriate department in the fol­ 22 of the Code of Federal Regulations ings, bound or unbound, maps and charts lowing form: Imported by authority or for the use of the is amended to read as follows: United States or for the use of the- Library I certify that the procurement of this § 52.1 Registration of birth abroad and of Congress; sound recordings imported by material constituted an emergency purchase certification thereof. the Department of State for use in the pro­ of war material abroad by the Department gram authorized by the United States Infor­ of the (name of the military department), In order that children bom abroad mation and Educational Exchange Act of and it is accordingly requested that such ma­ who are citizens of the United States 1948. ” (Tariff Act of 1930, par. 1628, as terial be admitted free of duty pursuant to may be provided with the means to es­ amended (free list) ; 19 U.S.C. 1201, par. 1628) the Act of August 10, 1956 (10 U.S.C. 2383). tablish a record of their birth, the fol­ 2. Section 10.103 is amended to read: (Name) lowing shall govern: (a) Registration of birth. (1) Upon § 10.103 Entry, examination, and tariff (Title), who has been application of a parent or person in in­ status. designated to execute terest, consular officers are required to Except as otherwise provided for in free-entry certificates for record the birth abroad of children who § 8.8(d), 8.15(c) (12), 8.28(c) of this the above-named depart­ are citizens of the United States. The chapter, 10.104, 10.105, or elsewhere in ment proof of birth may consist of, but is not these regulations, importations made by (Grade) (Organization) limited to, an authentic copy of the or for the account of any agency or office registry of the birth with local author­ of the United States Government are c. Paragraph (c) (2) is amended by ities, a baptismal certificate, or an af­ subject to the usual customs entry and deleting “Emergency Procurement Serv­ fidavit of the doctor or other person examination requirements, and, in the ice,” from the signature portion of the attending at the birth, etc. If no such absence of express exemptions from duty, certificate form. proof of the birth is available, the ap­ such as are contained in paragraph 1628 d. The citation of authority for sec­ plicant for registration of the birth must or other free list provision of the Tariff tion 10.104 is amended to read: submit his affidavit explaining satisfac­ Act of 1930, as amended,®5 the Act of (70A Stat. 137, sec. 448(b), 46 Stat. 714, sec. torily why such proof is not available August 10, 1956 (10 U.S.C. 2383),96 sec­ 602(d )(6), 63 Stat. 402, sec. 181(1), 68 Stat. and setting forth the facts relating to tion 602(d)(6) of the Act of June 30, 950; 10 U.S.C. 2383, 19 U.S.C. 1448(b), 40 the birth. If satisfied as to the facts 1949, as amended (40 U.S.C. 474(6)),” UJS.C. 474(6), 42 U.S.C. 2201(1) ) relating to the birth of the child, the and section 161(1), Atomic Energy Act 6. The citation of authority for sectionconsul shall record the birth. of 1954 (42 U.S.C. 220K1)),®8 such im­ 10.105 is amended to read: (2) Fees for registration of birth rec­ portations are also subject to duty. ord. At the time of the registration of (70A Stat. 137, sec. 201 (par. 1615), 46 Stat. birth, the consular officer shall issue to 3. Footnotes 96, 97, and 98 appended 674, as amended, sec. 602(d) (6), 63 Stat. 402, to section 10.103 are deleted and the fol­ sec. 161(1), 68 Stat. 950; 10 U.S.C. 2383, 19 the parent or person in interest a copy lowing new footnotes 96 and 97 are sub­ U.S.C. 1201 (par. 1615), 40 U.S.C. 474(6), 42 of the registration record when re­ stituted therefor: U.S.C. 2201 (1) ) quested and upon payment of a fee of $1.58. Additional copies of the registra­ “ “The Secretary of a military department (R.S. 161, as amended, 251, sec. 624, 46 Stat. 759; 5 U.S.C. 22, 19 U.S.C. 66, 1624) tion of birth record shall be issued by may make emergency purchases of war ma­ the Authentication Officer of the De­ terial abroad. Material so purchased shall [ seal] D. B. Strubinger, be admitted free of duty.’* (10 U.S.C. 2383) partment of State for and on behalf of K “Nothing in this chapter * • * shall Acting Commissioner of Customs. tiie Secretary of State, when requested impair or affect any authority of * * * (6) Approved: October 28,1959, by the parent or person in interest and the Secretary of the Defense * * * and the upon payment of the required fees, in Secretaries of the Army, Navy, and Air Force A. G ilmore F lu es, accordance with § 21.1 Schedule of fees with respect to the administration of the Acting Secretary of the Treasury. of this chapter. All requests for a copy Strategic and Critical Materials Stock Piling or copies of the registration of birth Act, and provided that any imported ma­ [F.R. Doc. 59-9271; Filed, Nov. 2, 1959; terials which the authorized procuring 8:47 ajn.) record subsequent to the time of regis­ agency shall certify to the Commissioner of tration shall be made in accordance Customs to be strategic and critical ma­ with §21.2 of this chapter. terials procured under said Act may be en­ (b) Certification of birth record. (1) tered, or withdrawn from warehouse free Title 21— FOOD AND DRUGS At the time of registration of birth, the of duty; * * (40 U.S.C. 474(6) ) Chapter I— Food and Drug Adminis­ consular officer shall furnish to the 4. Footnote 98a is renumbered 98. tration, Department of Health, Edu­ parent or person in interest a formal 5. Section 10.104 is amended as fol­ cation, and Welfare Certification of Birth record without fee. lows: PART 3— STATEMENTS OF GENERAL This certification shall include the a. The headnote and first sentence of name, sex, place and date of birth, and paragraph (a) are amended to read: POLICY OR INTERPRETATION date of filing of the birth registration § 10.104 Importations by a military de­ Label Declaration of Vitamin E in record. The certification form shall partment, the General Services Ad­ Foods for Special Dietary Use bear the signature of the consular ministration, and the Atomic Energy officer, the date of the issuance, and the Commission. Correction seal of the issuing office. (a) Shipments consigned to a military In F.R. Doc. 59-9169, appearing at (2) At any time subsequent to the department, the General Services Ad­ page 8792 of the issue for Thursday, registration of birth, when requested ministration, the Atomic Energy Com­ October 29, 1959, the quoted statement and upon payment of the required fee, mission, or other party acting for the in § 3.9(a) should read: “The need for the Authentication Officer of the Atomic Energy Commission, or to an offi­ ------in human nutrition has not been established,”. Department of State for and on behalf cer or official of any such agency in his of the Secretary of State shall issue to official capacity, shall be regarded for the parent or person in interest a purposes of this regulation as shipments the immediate delivery of which is nec­ “Certification of Birth” form which essary within the purview of section Title 22— FOREIGN RELATIONS shall be similar in content to that de­ 448(b), Tariff Act of 1930. Chapter I— Department of State scribed in subparagraph (1) of this paragraph. All requests for "Certifica­ b. Paragraph (c) (1) is amended to [Dept. Reg. 108.417] read: tion of Birth” under the provisions of (c) (1) Collectors may admit articlesPART 52— BIRTHS AND MARRIAGES this paragraph shall be made in accord­ free of duty under the Act of August ance with § 21.2 of this chapter. 10, 1956 (10 U.S.C. 2383), only upon Registration of Births (3) Fees for certification of birth rec­ receipt of a certificate executed by a duly Section 52.1 Registration of "birth ord. The fee for issuance of a Certifi­ authorized officer or civilian official of abroad and certification thereof, of Title cation of Birth subsequent to the 8928 RULES AND REGULATIONS § 6.13 of the Air Commerce Regulations of cate the means when this action is com­ registration of birth is $2.50. The fees the Bureau of Customs (19 CFR 6.13).* pleted. for additional copies are in accordance The pilot in command of a civil aircraft with § 21.1, Schedule of fees, of this (Sec. 313(a), 601, 603; 72 Stat. 752, 775, 776; departing from the continental United States, 49 U.S.C. 1354(a), 1421, 1423) chapter. (excluding Alaska) for flight over, or landing The regulation contained in this order within, Cuba, shall file a DVFR or IFR flight Issued in Washington, D.C., on October plan in accordance with the requirements shall become effective upon publication 28, 1959. prescribed in § 620.11 of the Security Control E. R . Quesada, in the F ederal R egister. The provi­ of Air Traffic Rules (14 CFR 620). In addi­ Administrators sions of section 4 of the Administrative tion, at least one hour prior to the time of Procedure Act 160 Stat. 238, 5 U.S.C. departure from such international airport, [F.R. Doc, 59-9251; Filed, Nov. 2, 1959; 1003) relative to notice of proposed rule the pilot in -command shall file with the 8:45 am .] making and delayed effective date are office of the Immigration and Naturalization inapplicable to this order because the Service at the airport a written statement containing the information in the flight [Reg. Docket No. 167; Arndt. 50] provisions thereof involve foreign af­ plan, together With the following further fairs functions of the United States. information: Number and names of all per­ PART 507— AIRWORTHINESS J ohn W . Hanes, J r ., sons aboard the aircraft, description of the DIRECTIVES Administrator, Bureau of Secu­ cargo, if any, carried aboard the aircraft, and the international airport of departure. Miscellaneous Amendments rity and Consular Affairs, This regulation shall not apply to aircraft Department of State. operated by a scheduled air carrier or foreign As there is a possibility of using the air carrier departing from the United States same fuel tank caps on Piper PA-20 air­ October 23,1959. over routes authorized in operations specifi­ craft as used on the Piper models covered [F.R. Doc. 59-9293; Filed, Nov. 2, 1959; cations issued by the Administrator. by airworthiness directive 59-10-8, a re­ 8:49 a.m.] This regulation shall become effective on vision to the directive is necessary to in­ November 4, 1959, and remain in effect until clude Model PA-20 as well as to indicate superseded, rescinded or revoked. that the referenced Service Bulletin sup­ Title 14— AERONAUTICS AND (Sec. 313(a), 601(a), 1202; 72 Stat. 752, 775, plements the AD. 800; 49 U.S.C. 1354(a), 1421(a), 1522) Further review has shown that an SPACE Issued in Washington, D.C., on October amendment can be made to directive 59- 30, 1959. 16-2 on Lockheed 18, PV-1 and PV-2 air­ [Reg. Docket No. 169; Special Civil Air craft discontinuing the 300-hour inspec­ Reg. SR-437J J ames T . P y l e , „ Acting Administrator. tion after incorporation of spar rein­ Chapter I— Federal Aviation Agency [F.R. Doc. 59-9330; Filed, Nov. 2, 1959; forcements. 10:25 a.m.] Since these amendments are minor in PART 60— AIR TRAFFIC RULES nature, notice and public procedure here­ Chapter III— Federal Aviation Agency on are unnecessary and the amendment may be made effective upon publication PART 620— SECURITY CONTROL OF Chapter III— Federal Aviation Agency in the F ederal R egister. AIR TRAFFIC , In consideration of the foregoing SUBCHAPTER C— AIRCRAFT REGULATIONS § 507.10(a) is amended as follows: Flight Plans for Flight of Civil Aircraft [Reg. Docket No. 166; Arndt. 49] 1. 59-10-8 Piper as it appeared in 24 Over Cuba F.R. 5178 is revised by adding “PA-20’' PART 507— AIRWORTHINESS to the applicability statement and In order to provide for the proper co­ DIRECTIVES changing the compliance statement to ordination and clearance of all civil read as follows: “Compliance required aircraft departing the United States for Lockheed 188 Aircraft not later than July 15, 1959, for Models flight to or over Cuba, this regulation re­ PA-18, PA-18A and PA-22, and not later quires the pilot in command of such Due to repeated loosening of wing leading edge attachment screws between than November 30, 1959, for Model aircraft to file a flight plan prior to take­ PA-20.” off. The DVFR or IF R flight plan re­ the fuselage and the outboard nacelles, inspection must be accomplished on all Also, delete the parenthetical state­ quired in § 620.11 of the Security Control ment at the end of the directive and sub­ of Air Traffic Rules may be used for this Lockheed Model 188 aircraft until a cor­ rective means is developed by the manu­ stitute the following: “(This airworthi­ purpose. Additionally, at least one hour ness directive supplements Piper Service prior to departure a statement in writ­ facturer. For the reasons stated above, the Ad­ Bulletin No. 148A dated May 29, 1957. ing with certain supplemental informa­ The drawings included in this bulletin tion must be filed with the office of the ministrator finds that notice and public procedure hereon are impracticable and may be referred to as a guide in re­ Immigration and Naturalization Service working the fuel tank caps.) ” at the international airport from which that good cause exists for making this amendment effective upon publication in 2. 59-16-2 Lockheed as it appeared in such flights will depart. the F ederal R egister. ^ 24 F.R. 6581 is revised by changing the This regulation does not apply to In consideration of the foregoing applicability statement to read as fol­ scheduled air carriers or foreign air car­ lows: “Applies to all Lockheed Model 18, riers conducting flights from a place in § 507.10(a) is amended by adding the following new airworthiness directive: PV-1, and PV-2 Series aircraft except the United States over routes authorized those incorporating spar reinforcement in operations specifications issued by the 59-21-2 L ockheed. Applies to all Lockheed as covered in Lockheed Aircraft Service Administrator. Model 188 Series aircraft. Compliance required «us indicated. Bulletin 18/SB—112.” Since a situation exists requiring the Due to repeated loosening of wing leading In addition, the last paragraph is re­ immediate adoption of this regulation edge attachment screws between the fuselage vised by inserting the following before for the national security and safety in and the outboard nacelles, the following in­ the final sentence: “Visual inspections air commerce I find that notice and pub­ spections shall be conducted: of the area with a 10-power glass are lic procedure hereon are impracticable, (a) At each 50 hours of service time, adequate. The 300-hour inspection may and that good cause exists for making visually inspect the leading edge attachment be discontinued after incorporation of this regulation effective on November 4, screws, top and bottom, from the fuselage to the outboard nacelles, paying particular the reinforcements.” 1959. (Sec. 313(a), 601, 603 ; 72 Stat. 752, 775, 776; In consideration of the foregoing, the attention to screws adjacent to nacelles. Tighten any screws found loose. 49 U.S.C. 1354(a), 1421, 1423) following Special Civil Air Regulation is (b) At 300-hour intervals retighten all af­ Issued in Washington, D.C., on Octo­ adopted. fected screws to 25 to 40 in./lbs. torque. The above inspection program may be dis­ ber 28, 1959. No person shall operate a civil aircraft E. R. Quesada, from the United States for flight over, or continued upon the installation of an ap­ Administrator. landing within Cuba, unless departure is proved attachment. Such corrective means made from an international airport desig­ is currently being developed and this air­ [F.R. Doc. 59-9252; Filed, Nov, 2, 1959; nated as an international airport of entry in worthiness directive will be revised to indi- 8:45 a.m.] Tuesday, November 3, 1959 FEDERAL REGISTER 8929

SUBCHAPTER E— AIR NAVIGATION (a) In the caption delete "(Puebjo, Notice, public procedure, and effective REGULATIONS Colo., to New York, N.Y.)" and substi­ date requirements of section 4 of the [Airspace Docket No. 59-WA-117J tute therefor “(Pueblo, Colo., to Youngs­ Administrative Procedure Act is un­ town, Ohio)." [Arndt. 78] . necessary (b) In the text delete “Youngstown, In consideration of the foregoing, the PART 600— DESIGNATION OF Ohio, omnirange station; Clarion, Pa., following action is taken: FEDERAL AIRWAYS omnirange station; Philipsburg, Pa., om­ In § 608.36, the Fallon, Nev., Re­ nirange station; Selinsgrove, Pa., omni­ stricted Area (R-267) (Reno Chart) [Arndt. 90] : . range station; point of intersection of (23 F.R. 8583) is amended to read: PART 601— DESIGNATION OF THE the Wilkes-Barre-Scranton, Pa., om­ Description by geographical coordinates. CONTINENTAL CONTROL AREA, nirange 217° True and the Stroudsburg, Beginning at latitude 39°52'45", longitude Pa., omnirange 270° True radials; 118° 17'15", thence to latitude 39°48'15", CONTROL AREAS, CONTROL Stroudsburg, Pa., omnirange station; longitude 118°17'15", thence to latitude ZONES, REPORTING POINTS, AND to the point of INT of the Stroudsburg 39°48'15", longitude 118°24'Q0", thence to POSITIVE CONTROL ROUTE SEG- VOR 114° with the Robbinsville, N.Y., latitude 39°52'45", longitude 118°24'00", MENTS VOR 040° radials.” and substitute there­ thence in a semi-circular pattern to the for “to the Youngstown, Ohio, VOR." point of beginning, with a radius of 3 miies Revocation of Segment of Federal Air­ from latitude 39*52'36, longitude 118°20'- 2. Section 601.6010 VOR Federal air­ 47". way and Associated Control Areas way No. 10 control areas (Pueblo, Colo., Designated altitudes. Surface to 8000 to New York, N.Y.): In the caption de­ feet. The purpose of these amendments to lete “(Pueblo, Colo., to New York, Time of designation. Continuous during §§ 600.6010 and 601.6010 of the regula­ N.Y.)" and substitute therefor“(Pueblo, VFR conditions only. tions of the Administrator is to revoke Colo., to Youngstown, Ohio)." Controlling agency. Commander, Naval the segment of VOR Federal airway No. Air Bases, Twelfth Naval District, Alameda, 10, and its associated control areas, These amendments shall become ef­ California. Local control for use or transit which extends from Youngstown, Ohio, fective 0001 e.s.t. December 17, 1959. is NAAS Fallon Tower. to Coney Island, N.Y., intersection. (Secs. 307(a), 313(a), 72 Stat. 749, 752; 49 This amendment shall become effec­ The revocation of this segment of Vic­ U.S.C. 1348, 1354) tive upon date of publication in the tor 10 is a part of a Federal Aviation Issued in Washington, D.C., on Octo­ F ederal R egister. . Agency plan to revise traffic flow proce­ ber 26, 1959. dures in the New York, N.Y., control (Secs. 307(a), 313(a), 72 Stat. 749, 752; 49 D. D. T homas, U.S.C. 1348, 1354) area. Victor 10 overlies VOR Federal Director, Bureau of airway No. 6 between Youngstown and Air Traffic Management. Issued in Washington, D.C., on Oc­ the Numidia, Pa., intersection, and is tober 28, 1959. not necessary. Between the McAdoo, [F.R. Doc. 59-9255; Filed, Nov. 2, 1959; 8:45 a.m.] E. R. Quesada, Pa., intersection and Stroudsburg, Pa., Administrator. Victor 10 does not have adequate lateral separation with VOR Federal airway No. [F.R. Doc. 59-9253; Filed, Nov. 2, 1959; 8:45 a.m.] 232. In Airspace Docket No. 59-WA-114, [Airspace Docket No. 59-LA-46] which is effective concurrently with this action, Victor 232 is extended from [Amdt. 34] Stroudsburg to the Somerset, N.J., inter­ PART 608— RESTRICTED AREAS [Airspace Docket No. 59-FW -69] section, and will replace Victor 10 be­ [Amdt. 40] tween these points. The portion of Vic­ Modification tor 10 from the Somerset intersection PART 608— RESTRICTED AREAS to the Coney Island intersection is no The purpose of this amendment to longer utilized. Therefore, the retention § 608.36, Fallon, Nev. (R-267) (Reno Revocation of this segment of Victor 10 and its as­ Chart), is to reduce the size of the Re­ stricted Area to 39 square miles vice 117 The purpose of this amendment is to sociated control areas between Youngs­ revoke the Camp Bowie, Tex., restricted town and Coney Island intersection is square miles; to change the designated altitudes to surface to 8,000 feet vice sur­ area (R-480) (Austin Chart). unjustified as an assignment of airspace Department of the Navy has advised and revocation thereof will be in the face to unlimited; and to change the time of designation to continuous during that Restricted Area (R-480) is no longer public interest. Victor 10, and its as­ being utilized and that they have no sociated control areas, will then extend VFR conditions only vice continuous. The U.S. Navy has requested that the present or future requirement for the from Pueblo, Colo., to Youngstown, Ohio. area. Therefore, the Federal Aviation This action has been coordinated with size of Restricted Area (R-267) be re­ duced to encompass only that area re­ Agency is revoking Restricted Area the Army, the Navy, the Air Force, and R-480. interested civil aviation organizations. quired for air-ground jettison of unex­ pended ordnance. The Navy has a need Since this amendment reduces a bur­ Accordingly, compliance with the Notice, den on the public, compliance with the and public procedures provisions of sec­ for a dump area to dispose of ordnance which aircraft must expend as a result Notice, public procedure, and effective tion 4 of the Administrative Procedure of: Diversion from primary target; ord­ date requirement of section 4 of the Ad­ Act have, in effect, been complied with. nance that cannot be returned to the ministrative Procedure Act is unneces­ However, since it is necessary that suffi­ operating field with the aircraft; and sary. cient time be allowed to permit appro­ ordnance that could not be delivered on In consideration of the foregoing, the priate changes to be made on aeronauti­ the primary target by reason of equip­ following action is taken: In § 608.51 the cal charts, these amendments will ment malfunction. Camp Bowie, Texas (R-480) (Austin become effective more than 30 days after Restricted Area R-267 is located ap­ Chart) (23 F.R. 8587) is revoked. publication. proximately 29 miles northeast of Fal­ This amendment shall become effective In consideration of the foregoing, and lon, Nev. The target for jettisoning of upon the date of publication in the pursuant to the authority delegated to ordnance in this restricted area is a rock F ederal R egister. me by the Administrator (24 F.R. 4530) pinnacle which can be recognized by its (Secs. 307(a) and 313(a), 72 Stat. 749, 752; § 600.6010 (14 CFR, 1958 Supp., 600.6010, profile and central location in the Car- 49 U.S.C. 1348, 1354) 24 F.R. 701, 24 F.R. 3226) and § 601.6010 son Sink area. Restricted Area R-267 will be utilized by the Navy on a con­ Issued in Washington, D.C., on Oc­ (14 CFR, 1958 Supp., 601.6010) are tinuous use basis under visual flight rule tober 28, 1959. amended as follows: conditions only, from the surface to 8,000 E. R. Quesada, 1. Section 600.6010 VOR Federal air­ feet. Administrator. way No. 10 (Pueblo, Colo., to New York, Since this amendment reduces a bur­ [F.R. Doc. 59-9254; Filed, Nov. 2, 1959; N.Y.): den on the public, compliance with the 8:45 a.m.] No. 215------2 8930 RULES AND REGULATIONS [Beg. Docket No. 160; Arndt. 141] PART 609— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Alterations The new and revised standard instrument approach procedures appearing hereinafter and/or canceled when indicated in order to promote safety. The revised proceduressupersedethe a c tin g the same classification now in f~>ct for the airports specified therein. For the convenience of the users, tne revisea procedures specify the complete -ocedure and indicate the changes to the existing procedures. Pursuantto authority delegated to irte by the Administrator (24 F.R. 5662), I find that a situation exists requiring immediate action in the^ e r e s t of safety, that notice and public procedure hereon are impracticable, and that good cause exists for making this amendment effec­ tive ori less than thirty days’ notice. . v Part 609 (14 CFR, Part 609) is amended as follows: . . . 1. The low or medium frequency range procedures prescribed in § 609.100(a) are amended to read in part, L F R Standard I nstrument Approach P rocedure Bearings headings, courses and radials are magnetic. Elevations and altitudes are to feet M SL. Ceilings are in feet above airport elevation.' Distances are in nautical

Transition Ceiling and visibility minimums

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

200-V4 M K E -L F R ...... Direct—______2500 T-dn...... 300-1 300-1 M K E VOR...... - ...... 1400 C-dn______600-1 600-1 600-1V4 Franksville FM (Final)------Direct______2700 S-dn-1...... 400-1 400-1 400-1 Int MKE VOR R-086 & N crs MKE LFR- M K E -L F R ...... 800-2 800-2 800-2

Procedure turn E side of S crs. 179° Outbnd, 350° Inbnd, 2000'within 10 miles. . ______„ , ... „„„ Minimum altitude over facility on final approach crs, 1500' after a procedure turn is conducted; 1400 stratght-in over Franksvllle FM . l i M to authorized landing minimums or if landing not accomplished within 1.8 miles, climb to 2700' on N crs M K E -L F B , or when directed by ATC, make left climbing turn, climb to 2500' on W crs M K E -L F R witbm 20 miles. City, Milwaukee; State, Wis.; Airport Name, General Mitchell; Elev., 698'; Fac Class. SBRAZ; Ment., M K E ; Procedure No. 1, Arndt. 11; Eff. Date, 20 Oct 59; Sup. Arndt. ^10. lu# uatea. £i uec. os 2. The automatic direction finding procedures prescribed in § 609.100(b) are amended to read in part^ AD F Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are to feet M SL. .Ceilings are in feet above ¿ p o r t elevation. Distances are in nautical

Transition Ceiling and visibility minimums

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

Direct______2400 T-dn... 300-1 300-1 200-Vd F R Y R B n ...... 600-1 700-1Yt F R Y R B n ...... Direct______2400 C-dn*_. 600-1 Direct______2400 S-dn-30 600-1 600-1 600-1 F R Y R B n ...... 1600-3 1600-3 F R Y R B n ...... — Direct______2400 A-dn... 1600-3 F R Y R B n ...... Direct______2400

Procedure turn East side of crs, 124° Outhnd, 304° Inbnd, 2300' within 10 mi. . Minimum altitude over facility on final approach crs, 1700'. authorized laadlug olulmum, 0, U toding not aceompliehed rrlthin « m il« a lt« pming F R Y “ H ", climb to 2«0- on crs 304° from the “ H” to the #Atchinson Int. Hold Southeast one minute, all turns to the right. Caution: Hills and towers with elevations to 1066' M SL adjacent to airport W & NW. ♦All circling approaches will be made to the east ofthe airport. „ #Atchtoson Int: 304° brng from F R Y “H” and either the S T J VOR R-203 or the TOP VOR R-021. City, Ft. Leavenworth; State, Kans.; Airport Name, Sherman AAF; Elev., 770'; Fac. Class., “ H”; Ident., F R Y ; Procedure No. 1, Arndt. Prig.; Eff. Date, 21 Nov. 59

2300 T-dn______300-1 300-1 200-Vi Greenville LFR.. 2200 C-dn______500-1 500-1 500-1Vi Honea Int______S-dn...... —- 400-1 400—1 400-1 A-dn______800-2 800-2 800-2

Procedure turn W side S crs, 181° Outbnd, 001 Inbnd, 2200' within 10 ml Minimum altitude over LOM inbnd final, 1600'. Distance to appr end of my at OM, 3.6; at. M M , 0.6. on N S Z g S . « k o r t * 4 landtog minimums « « to LFR . G RL L F R within 10 miles, turn right and return to LOM or, when directed by ATC, climb to 4000' on N crs L F R within 13 miles, turn rigni ana return vo u * xv. Caution: Heavily obstructed missed approach area. Major Change: Deletes the transition from Reedy Int. City, Greenville; State. S.C.; Airport Name, Greenville; Elev., 1049'; Fac. Class., LOM; Ident., GR; Procedure No. 1, Arndt. 1; Eft. Date, 21 Nov. 59; Sup. Arndt. No. J Orig.; Dated, 2 Aug. 58 , Tuesday, November 3, 1959 FEDERAL REGISTER 8931

ADF S tandard instrument Approach P rocédure— Continued

N Transition Ceiling and visibility minimums

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

PNC-A DE 2200 T-dn...... 300-1 300-1 200-)$ C-dn...... 500-1 500-1 500-1)4 S-dn-17...... 400-1 400-1 400-1 800-2 800-2 800-2

Procedure turn W side of crs 350° Outbnd, 170° Inbnd, 2300' within 10 miles of Kildare Fix.* Minimum altitude over facility on final approach crs, 1800' over Kildare Fix.* Crs and distance, facility to airport, 170—3.6 from Kildare Fix.* If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile, after passing PNC R B N , climb to 2300' on c-rs of 210° within 20 miles. Note: Procedure authorized only for aircraft equipped to receive Ponca City RBN and Ponca City VOR bearings simultaneously. *Kildare Fix is Int 040° radial PNC VOR and final approach ers. City, Ponca City; State, Okla.; Airport Name, Municipal; Elev., 1014'; Fac. Class., BM H; Ident., PNC; Procedure No. 2, Arndt. 1; Eff. Date, 21 Nov. 59; Sup. Arndt. No. Orig.; Dated, 26 June 54 3. The very high frequency omnirange (VOR) procedures prescribed in § 609.100(c) are amended to read in part: VOR Standard Instrument Approach P rocedure ✓ Bearings, headings, courses and radiais are magnetic. Elevations and altitudes are in feet M SL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherw.se 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 a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. 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— distance altitude Condition more than (feet) 65 knots More than 65 knots or less 65 knots

T-dn 300-1 NANA C-d 800-1 NA NA G-n 800-3 NA NA 1000-2 NA NA 1000-3 NA NA

Procedure turn North side of ers, 049° Outbnd, 229° Inbnd, 5000' within 10 miles. Minimum altitude oyer facility on final approach, crs, 3700'...... * Crs and distance, facility to airport, 229°—0.5 mi. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished at the Bluefleld VOR, make an immediate climbing right (North) turn to 5000'. Hold Northeast on the Bluefleld VOR R-049 within 10 miles of the VOR. City, Bluefleld; State, W. Va.; Airport Name, Mercer County; Elev., 2857'; Fac. Class., VOR; Ident., B L F ; Procedure No. 1, Arndt. 1; Eff. Date, 21 Nov. 59; Sup. Arndt. No. Orig.; Dated, 9 May 59

T-dn______300-1 300-1 200-)$ C-dn...... 600-1 600-1 600-1)$ A-dn______800-2 800-2 800-2

Procedure turn* East side of crs, 049° Outbnd, 229° Inbnd, 1500' within 10 mi. Facility on airport. Minimum altitude over facility on final approach crs, 700'. Crs and distance, breakoff point to approach end of Rnwy 24, 238°—0.5 mi. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile, make a right climbing turn to 1500' on R-049 within 10 miles. •Procedure turn nonstandard to provide lateral separation with Willow Grove, Pa. City, Philadelphia; State, Pa.; Airport Name, N. Philadelphia; Elev., 120'; Fac. Class., VOR; Ident., PN E; Procedure No. 1, Arndt. Orig; Eff. Date, 21 Nov. 59 4. The terminal very high frequency omnirange (TerVOR) procedures prescribed in § 609.200 are amended to read in part:

T erminal VOR Standard I nstrument Approach P rocedure Bearings, headings, courses and radiais are magnetic. Elevations and altitudes are in feet M SL. Ceilings are in feet above airport elevation. Distances are in nautical miles 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 bein 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 the Federal Aviation Agency. 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— distance altitude Condition more than (feet) 65 knots More than 65 knots or less 65 knots

T-dn...... 300-1 300-1 C-d...... 700-1 700-1 C-n______700-2 700-2 A-dn______1500-2 1500-2 # ■ Procedure turn S side of crs, 288° Outbnd, 108° Inbnd, 4500' within 10 mi. - Minimum altitude over facility on final approach crs, 3200'. Crs and distance, breakoff point to appr. end of rnwy, 101—0.3. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0.0 mile, make climbing right turn to 5000' hold West of Beckley VOR 288° Outbnd, 108° Inbnd. City, Beckley; State, W. Va.; Airport Name, Raleigh County Memorial; Elev., 2504'; Fac. Class., VOR; Ident., BKW ; Procedure No. 1, Arndt. 1; Eff. Date, 21 Nov. 59; Sup. Arndt. No. Orig.; Dated, 19 May 59 8932 RULES AND REGULATIONS

T erminai, YOU S tandard I nstrument, Approach P rocedure— Continued

Transition Ceiling and visibility minimums

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

T-dn______300-1 309-1 209-Vi C-dn...... 700-1 700-1 700-1Vi S-dn-23...... — 700-1 700-1 700-1 A-dn______800-2 800-2 800-2 If aircraft dual on mi equipped and Prison* h t received, the following mini:mums apply C-dn...... 400-1 500-1 500-1Vi S-dn-23...... 400-1 400-1 409-1

Procedure turn North side of crs, 046° Outbnd, 226° Inbnd, 2300' within 10 mi. Minimum altitude over Prison Int* on final approach crs, 1700'. Crs and distance, Prison. Int* to airport, 226°—3.7 mi. Minimum altitude over JX N VOR** on final approach crs, 1400'. Crs ant| distance, breakoff point to Rnwy 23, <233°—0.30 mi. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished over JX N VOR, climb to 2300' on R-226 within 10 miles. Reverse course, proceed to JX N VOR. Caution: Tower 3.0 mi NË, 1310'; tower 11.3 mi N W, 1969'. »Prison Int: Int JX N VOR R-046 and LAN VOR R-154. **If Prison Int not received, descent below 1700' not authorized. City, Jackson; State, Mich.; Airport Name, Reynolds Field; Elev., 1000'; Fac. Class., BVOR; Ident., JX N ; Procedure No. TerVOR-23, Arndt. Orig.; Eff. Date, 21 Nov. 59

T-dn ...... 300-1 300 1 200-Vi C-dn ...... 500-1 500-1 509-1 Vi S-dh-13...... 500-1 500-1 500-1 809-2 800-2 800-2 If aircraft dual omni> equipped and Cl overleaf Int received, t le following minimums a pply: C-dn______400-1 1 500-1 500-lVi S-dn-13...... 400-1 400-1 400-1

Procedure turn West side of crs, 308° Outbnd, 128° Inbnd, 2300' within 10 m l Minimum altitude over Cloverleaf Int* on finaL approach crs, 1500'. Crs and distance, Cloverleaf Int to airport, 128°—4.4 mi. Minimum altitude over JX N VOR** on final approach crs, 1400'. Crs and distance, breakofl point to Rnwy 13,135°—0.30 mi. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished over JX N VOR, climb to 2300' on R-128 within 10 mi. Reverse crs, proceed to JX N VOR. Caution: Tower 11.3 mi NW, 1969'. »Cloverleaf Int: Int JX N VOR R-308 and LFD VOR R-036. **If Cloverleaf Int not received, descent below 1500' not authorized. City, Jackson; State, Mich.; Airport Name, Reynolds Field; Elev., 1000'; Fac. Class., BVOR; Ident., JX N ; Procedure No. TerVOR-13, Amdt. Orig.; Eft. Date, 21 Nov. 59 % T-dn______300-1 300-1 200-n C-dn...... 500-1 500-1 500-iVi S-dn-5______500-1 500-1 509-1 A-dn______800-2 800-2 809-2

Procedure turn South side of crs, 240° Outbnd, 060° Inbnd, 2300' within 10 mi. Minimum altitude over facility on final approach crs, 1500'. Crs and distance, breakofl point to Rnwy 5, 053°—0.25 mi. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished over JX N VOR, climb to 2300* on R-060 within 10 miles, reverse course, proceed to JX N VOR. ■ Caution: Tower 3.0 mi NE, 1310'; tower 11.3 mi NW, 1969'. City, Jackson; State, Mich.; Airport Name, Reynolds Field; Elev., 1000'; Fac. Class., BV O R; Ident., JX N ; Procedure No. TerVOR-5, Amdt. Orig.; Eft. Date, 21 Nov 59

T-dn...... 300-1 300-1 200-Vi 9 C-dn...... 700-1 700-1 700-lVi S-dn-31...... 700-1 700-1 700-1 A -dn... ______800-2 800-2 800-2 If aircraft dual omni equipped and Town Int received, the following minimums apply C-dn...... 409-1 509-1 509-lVi S-dn-31...... 400-1 400-1 400-1

Procedure turn East side of crs, 143° Outbnd, 323° Inbnd, 2300' within 10 mi. Minimum altitude over Town Int* on final approach crs, 1700'. Crs and distance, Town Int* to airport, 323°—2.5 mi. Minimum altitude over JX N VOR** on final approach crs, 1400'. Crs and distance, breakofl point to Rnwy 31, 315®—0.27 mi. If visual contact not established upon descent to authorized landiiig minimums or if landing not accomplished over JX N VOR, climb to 2300' on R-308 within 10 mi. Reverse course, proceed to JX N VOR. <* Caution: Tower 2.5 mi SE, 1330'; tower 11.3 mi NW, 1969'. ' . •Town Int: Int JX N VOR R-143 and LFD VOR R-058. **If Town Int not received, descent below 1700' not authorized. City, Jackson; State, Mich.; Airport Name, Reynolds Field; Elev., 1000'; Fac. Class., BVOR; Ident., JX N ; Procedure No. TerVOR-31, Amdt. Orig.; Eff. Date, 21 Nov. 59 Tuesday, November 3, 1959 FEDERAL REGISTER 8933

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

IL S Standard I nstrument A pproach P rocedure. Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet M SL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the belownamed 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 the Federal Aviation Agency. 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 Minimum More than From— v T o - Course and 2-engine, distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots

Greenville L F R ______LOM ...... 2300 T-dn 300-1 300-1 200-)3 Honea Int______LOM ...... 2200 500-1 500-1 500-1)3 S-dn-36*--...... 30044 30044 30044 600-2 600-2 600-2

Procedure turn W side S crs, 181° Outbnd, 001° Inbnd, 2200' within 10 miles. Minimum altitude at G.S. int inbnd, 2200'. Altitude of G.S. and distance to appr end of my at OM 2188—3.6, at MM 1213—0.6. - If visual contact not established upon descent to authorized landing minimums or if landing not accomplished climb to 5000' on R-190 AVL-VOR and hold south of Tiger- ville Int or, when directed by ATC, climb to 3200' on N crs ILS within 10 mi, turn right and return to LOM. Caution: Maximum angle glide slope, heavily obstmcted missed approach are%. Major Change: Deletes transition from Reedy Int to LOM (Pinal). *No approach lights, 400-J4 required when glide slope not utilized. City, Greenville; State, S.C.; AirportName, Greenville; Elev., 1049'; Fac. Class.. ILS; Ident., IG R L; Procedure No. ILS-36, Arndt. 5; Eff. Date, 21 Nov. 59; Sup. Arndt. No. 4- Dated, 2 Aug. 58

MKE-LFR ...... LOM ...... 2000 Franksville FM -ILS______LOM ('F in a l')_____ — , . 1 . 2000 C-dn 6Ö0-1 6 00-1 6 0 0 -1 )3 Franksville FM-ADF______1400 S-dn-1: Int N crs M K E L F R and S crs IL S ______LO M ...... 2000 ILS 2 0 0 - 1 3 Genesee F M ______LOM ...... '...... 2000 ADF "500-1 500-1 5 00-1 LOM ...... - 2000 Cardinal Int VH K ...... LOM ...... 2700 ILS .. 6 0 0 -2 fiOO 2 M K E VOR...... LOM . . . . . 2500 ADF 8 0 0 -2 8 0 0 -2 8 0 0 -2

Procedure turn E side S crs, 186° Outbnd, OOO^Pnbnd, 2000' within 10 mi. 1 Minimum altitude at glide slope int inbnd—2000' ILS. Min. alt. over LOM inbnd final 1400' ADF. Altitude of glide slope and distance to approach end of runway at OM 2035—4.1; at MM 918—0.6 If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.1 mi after passing LOM, climb to 2700' on N crs M K E -L F R within 20 mi, or when directed by ATC, make left climbing turn to 2300' and intercept R-109 M K E and proceed to M KE-V O R. City, Milwaukee; State, Wis.; Airport Name, General Mitchell; Elev., 698'; Fac. Class., IL S-M K E ; Ident., LO M -M K; Procedure No. 1, Arndt. 10, Comb. ILS-A D F; Eff. Date, 20 Oct 59; Sup. Arndt. No. 9; Dated, 22 Jan 56 6. The radar procedures prescribed in § 609.500 are amended to read in part:

R adar Standard I nstrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet M SL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. . If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following-instrument procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitude(s) shall correspond with those established for en route operation in the particular area.or as set forth below. Positive Identification must be established with the radar controller. From initial contact with radar to final authorized landing minimums, the instructions of the radar controller are mandatory except when (A) visual contact is established on final approach at or before descent to the authorized landing minimums, or (B) at pilot’s discretion if it appears desirable to discontinue the approach, ex­ cept when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A) communication on final approach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds during a surveillance approach; (B) directed by radar controller; (C)'visual contact is not established upon descent to authorized landing minimums; or (D) if landing is not accomplished.

Transition Ceiling and visibility minimums

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

Precision Approach T-dn__ 300-1 300-1 20043 C-d-34.. 600-1 600-1 600-1^ C-n-34.. 600-2 600-2 600-2 S-d-34.. 300- 30044 30043 S-n-34.. 300-1 300-1 300-1 A-dn-34 600-2 600-2 600-2- Surveillance Approach T-dn-16, 34. 300-1 300-1 20043 C-d-16, 34.. 600-1 600-1 600-1)3 C-n-16, 34.. 600-2 600-2 600-2 S-d-16, 34... 600-1 600-1 600-1)3 S-n-16, 34... 600-2 600-2 600-2 A-dn-16, 34. 800-2 800-2 800-2

Instrument Approach to be conducted in accordance with USAF GCA Standard Instrument Approach. City, Tacoma; State, Wash.; Airport Name, McChord A FB; Elev., 320'; Fac. Class., McChord A FB; Ident., Radar; Procedure No. 1, Arndt. 1; Eff. Date, 21 Nov. 59; Sup. Arndt. No. Orig.; Dated, 10 Oct. 59 These procedures shall become effective on the dates indicated on the procedures. (Secs. 313(a), 307(c); 72 Stat. 752, *749; 49 U.S.C. 1354(a), 1348(c)) Issued in Washington, D. C., on October 19,1959. W illiam B . Davis, Director, Bureau of Flight Standards. [F.R. Doc. 59-8936; Filed, Nov. 2,1959; 8:45 a.m.] 8934 RULES AND REGULATIONS

the declared policy of the Agricultural (1) Paragraph (a) of § 3.3 is amended Title 7— AGRICULTURE Marketing Agreement Act of 1937, as to read as follows: amended, is insufficient, and this amend­ § 3.3 Approval of claim. Chapter IX— Agricultural Marketing ment relieves restriction on the handling Service (Marketing Agreements and of lemons grown in California and (a) Claims not exceeding $2,500 sub­ Orders), Department of Agriculture Arizona. mitted under the Federal Tort Claims Act and claims not exceeding $1,000 sub­ [Lemon Reg. 816, Arndt. No. 1] Order, as amended. The provisions in paragraph (b)(1) (ii) and (iii) of mitted under the Small Claims Act are PART 953— LEMONS GROWN IN § 953.923 (Lemon Regulation 816, 24 approved or disapproved by the head of CALIFORNIA AND ARIZONA F.R. 8630) are hereby amended to read the bureau, division or office out of whose as follows: activities the accident or incident arose, Limitation of Handling or his designee, upon the recommenda­ (ii) District 2 f 144,150 cartons; tion of the Chief Counsel or other legal Findings. 1. Pursuant to the market­ (iii) District 3: 65,100 cartons. officer in immediate charge of the legal ing agreement, as amended, and Order (Secs. 1—19, 48 Stat. 31, as amended.; 7 U.S.C. affairs of the bureau, division or office. No. 53, as amended (7 CFR Part 953), 601-674) regulating the handling of lemons grown (2) Section 3.21 is amended to read as follows: in California and Arizona, effective under Dated: October 29, 1959. the applicable provisions of the Agricul­ F loyd F . Hedlund, § 3.21 Allowable claims. tural Marketing Agreement Act of 1937, Acting Director, Fruit and Veg­ Claims are payable by the Department as amended (7 U.S.C. 601 et seq.; 68 Stat. etable Division, Agricultural under the Federal Tort Claims Act and 906, 1647), and upon the basis of the Marketing Service. this subpart on account of damage to, or recommendation and information sub­ [F.R. Doc. 59-9290; Filed, Nov. 2, 1959; loss of, property or on account of per­ mitted by the Lemon Administrative 8:49 am .} sonal injury or death, where the total Committee, established under the said amount of the claim does not exceed amended marketing agreement and order, and upon other available informa­ $2,500, caused by the negligent or wrong­ tion, it is hereby found that the limita­ Title 31— MONEY AND ful act or omission of any employee of tion of handling of such lemons as the Department, while acting within the hereinafter provided tyill tend to effectu­ FINANCE: TREASURY scope of his office or employment, under ate the declared policy of the act. circumstances where the United States, 2. It is hereby further found that it is Subtitle A— Office of the Secretary of if a private person, would be liable to the impracticable and contrary to the public the Treasury claimant for such damage, loss, injury interest to give preliminary notice, en­ PART 3— CLAIMS REGULATIONS or death, in accordance with the law of gage in public rule-making procedure, the place where the act or omission and postpone the effective date of this Approval of Claim; Allowable Claims occurred. amendment until 30 days after publica­ Public Law 86-238 amended section (Pub. Law 86-238) tion hereof in the F ederal R egister (60 2672 of Title 28 of the United States Code Stat. 237; 5 U.S.C. 1001 et seq.) because to increase the limit for administrative Dated: October 28, 1959. the time intervening between the date settlement of claims under the tort [ seal] F red C. S cribner, Jr., when information upon which this claims procedure from $1,000 to $2,500. Acting Secretary of the Treasury. amendment is based became available Paragraph (a) of §§ 3.3 and 3.21 are and the time when this amendment must amended to conform to the provisions of [F.R. Doc. 59-9273; Filed, Nov. 2, 1959; become effective in order to effectuate Public Law 86-238. 8:47 a.m.]

PROPOSED RULE MAKING

of the Customs Regulations to provide a be paid within 60 days from the date the DEPARTMENT OF THE TREASURY reasonable time limit on the period with­ withdrawal is filed and approved or the drawals will be. held for payment of withdrawal will be considered abandoned Bureau of Customs duties and charges. The period pro­ and therefore invalid.” [1 9 CFR Part 8 1 posed is 60 days. (R.S. 161, 251, sec. 567, 624; 46 Stat. 759, 46 Under § 8.37(a) of the Customs Regu­ Stat. 744, as amended; 5 U.S.C. 22, 19 U.S.C. WAREHOUSE WITHDRAWALS; lations, withdrawals for consumption of 1557,1624) FILING OF ENTRIES merchandise in bonded warehouses are This notice is published pursuant to required to be filed in triplicate on cus­ Notice of Proposed Rule Making section 4 of the Administrative Procedure toms Form 7505. Conditions peculiar to Act (5 U.S.C. 1Q03). Prior to the is­ Notice is hereby given that, pursuant the port of New York relating to ware­ suance of the proposed amendment, con­ to authority contained in sections 161, house withdrawal procedure require a sideration will be given to any relevant as amended, and 251 of the Revised change in the number of copies of the data, views or arguments pertaining Statutes and sections 557 and 624 of the withdrawal now filed. One additional thereto which are submitted in writing Tariff Act of 1930, as amended (5 U.S.C. copy of the withdrawal is required at to the Commissioner of Customs, Bureau 22,19 U.S.C. 66,1557,1624), it is proposed New York for use in establishing neces­ of Customs, Washington 25, D.C., and to amend the Customs Regulations re­ sary improvement in accounting controls. received not later than 30 days from the lating to withdrawals of merchandise The amendments in tentative form are date of publication of this notice in the from warehouses. as follows: F ederal R egister. No hearing will be Withdrawals for consumption of mer­ The first sentence of § 8.37 (a) is held. amended to read: “Withdrawals for con­ chandise in bonded warehouses cannot sumption of merchandise in bonded [seal] R alph K e l l y , be completed until all duties and charges warehouses shall be filed in triplicate Commissioner of Customs. are paid. Dilatoriness on the part of on customs Form 7505 (in quadruplicate Approved: October 28,1959. importers in making such payments re­ at the port of New York) .3i” sults in backlogs of pending withdrawals Section 8.38 is amended by inserting A. G ilmore F lu es, which create administrative problems in the following new sentence at the begin­ Acting Secretary of the Treasury. accounting. To prevent such dilatory ning thereof: “All duties or other charges [F.R. Doc. 59-9270; Filed, Nov. 2, 1959; practice, it is proposed to amend § 8.38 on withdrawals for consumption must 8:47 a.m.] Tuesday, November 3, 1959 FEDERAL REGISTER 8935

orders (7 CFR Part 900), notice is hereby other counties. Michigan Milk Pro­ DEPARTMENT OF AGRICULTURE given of the filing with the Hearing ducers Association, which represents Clerk of this recommended decision of more than 80 percent of Detroit pro­ Agricultural Marketing Service the Deputy Administrator, Agricultural ducers and more than half of those pro­ Marketing Service, United States De­ ducers supplying the proposed Central [ 7 CFR Part 914 1 partment of Agriculture, with respect Michigan area proposed that the Detroit NAVEL ORANGES GROWN IN ARI­ to proposed amendments to the tentative marketing area be extended to include marketing agreements and orders regu­ much of the same territory. Handler ZONA AND DESIGNATED PART lating the handling of milk in the De­ proposals expanded the area under con­ OF CALIFORNIA troit, Michigan, and Central Michigan, sideration to a total of 32 counties plus Definitions marketing areas. Interested parties may parts of eight others. While not co­ file written exceptions to this decision extensive, all the principal proposals in­ Notice is hereby given that the Depart­ with the Hearing Clerk, United States cluded Battle Creek, Bay City, Flint, ment is considering the approval of a Department of Agriculture, Washington, Grand Rapids, Jackson, Kalamazoo, proposed amendment, hereinafter set D.C., not later than the close of business Lansing, Saginaw and their environs. forth, to the rules and regulations (7 the 20th day after publication of this These are the largest cities in Michigan CFR 914.100 et seq.; Subpart—Rules and 'decision in the F ederal R egister. The for which the handling of milk is not Regulations) of the Navel Orange Ad­ exceptions should be filed in quad­ now regulated, with urban populations ministrative Committee, currently in ef­ ruplicate. ranging from 50,000 to 250,000. fect pursuant to the amended marketing Preliminary statement. The hearing This area is also that from which the agreement and Order No. 14, as amended on the record of which the proposed great majority of the milk supply for (7 CFR Part 914), regulating the han-; amendments, as hereinafter set forth, to the presently defined Detroit market is dling of Navel oranges grown in Arizona the tentative marketing agreements, and drawn. Eighteen of the 20 supply plants and designated part of California, ef­ to the orders, were formulated, was con­ qualified for Detroit are located in the fective under the applicable provisions ducted at Lansing, Michigan, on Janu­ area, as are farms of producers deliver­ of the Agricultural Marketing Agree­ ary 6-16,1959, pursuant to notice thereof ing milk direcly to Detroit bottling ment Act of 1937, as amended (7 U.S.C. which was issued December 5, 1958 <23 plants. Total Detroit production in the 601-674). F.R. 9552). area is more than double that for the The proposed amendment would add The material issues on the record of outstate markets. a new paragraph to § 914.100 “Defini­ the hearing relate to: - There is considerable variation in the tions” as follows: I. Regulation of additional areas inmilk marketing methods in effect in Michigan. these principal centers of population and § 914.100 Definitions. (a) Need for and form of regulation; ***** in some instances these differences occur (b) Character of commerce; and within the same area. Locals of Michi­ (e) Pursuant to § 914.17, the quantity (c) Specific boundaries of the area. gan Milk Producers Association at Bay of oranges comprising a carload, as such n. Provisions to be included in any City, Saginaw, Midland and Mount term is therein defined, is hereby in­ new regulation, or to be modified in the Pleasant negotiate class prices for all creased from a quantity of oranges present Detroit order with respect to: milk sold dealers in what is generally equivalent to 924 cartons of oranges to a

At Lansing there are no effective bar­ The most extensive expansion has been Detroit pool as vendors formerly sup­ gaining arrangements between producers from Lansing, for which no classified plied by Detroit dealers have changed and dealers. Paying prices to 683 pro­ price plan applies. Tha Valley pool pro­ their source of supply to Lansing dealers. ducers delivering to 11 plants approxi­ vides reduced Class I pricing for milk Substantial volumes of milk move from mate the Detroit producer prices at sold in specific competitive areas. The Detroit plants to outstate plants. In plants near Lansing, regardless of the Kalamazoo classified price schedule pro­ 1958 almost 10 million pounds of milk use made of the milk. This makes it vides a 25-cent per hundredweight dis­ was transferred as Class I milk from profitable for Lansing dealers to main­ count for milk sold to grocery stores Detroit pool plants to nonpool plants not tain the highest possible utilization. Ex­ and a further 25-cent reduction for milk regulated under any other order. Such cept as the producer members of a sold by the first receiver to another milk movements are almost exclusively to cooperative association processing and plant. At Jackson and Battle* Creek, bottling plants in the outstate area under distributing milk share in income over from which local handlers have not en­ consideration. operating costs, producers receive no gaged in extensive inter-area sales, sub­ There has developed a decided tend­ benefit from the high Class I utilization stantial price concessions have been ne­ ency for reserve milk supplies in this of Lansing plants. gotiated to meet the competition of milk common supply area to gravitate to the In addition to the distribution of milk from other districts. The Grand Rapids Detroit pool and for the outstate markets from these principal centers of popula­ association pool has an equalization ar­ to rely on the Detroit pool for supple­ tion there are numbers of small plants rangement with the Battle Creek pool mental supplies in the short season. located in smaller cities and towns whose to compensate for the Grand Rapids Two of the cooperatives proposing a milk supplies are procured without re­ sales in Battle Creek. While sales from separate Central Michigan order operate gard to utilization. There is in addition outside plants in the City of Flint have Detroit supply plants in addition to the substantial distribution throughout much been wholly from a plant in the “Valley” bottling plants, from which they distrib­ of the area from the plant of a coopera­ area for which price negotiations are on ute milk. Reserve supplies may thus be tive association located in Montcalm a basis comparable to Flint, the impact carried in the Detroit pool without County. This plant is presently regu­ of milk purchased at flat prices has been sharing Class I sales with Detroit pro­ lated under the Upstate Michigan order felt in Flint. For some months in 1958 ducers. A number of outstate markets but distributes approximately 60 percent a Flint dealer who also operates a plant now receive milk only from farmers of its Class I sales in the Southern in Lansing diverted Lansing producers equipped to make delivery in bulk tank Michigan territory. to his Flint plant, assigned these deliv­ trucks. In the transition to this form of Substantial volumes of milk in pack­ eries to his Class I sales and thereby in­ delivery producers delivering milk in aged form are now sold in sales terri­ creased the surplus , milk for which his cans transferred to nearby Detroit re­ tory heretofore associated with each of Flint producers were paid while the di­ ceiving plants. During the past two these cities by dealers from one or more verted producers were paid at Lansing years there has been a substantial in­ of the other cities. There is also ex­ prices. crease in the production of inspected tensive competition in the intervening Detroit handlers make substantial milk in this area of Michigan. Yet smaller communities. Milk processed sales outside the presently defined mar­ for that portion (about 65 percent of the and packaged in Flint is sold in the keting area. For such sales they com­ total) of the outstate markets for which “Valley” area and vice versa. Lansing pete with dealers from the outside mar­ records are available Class I sales have milk is sold in the^'Valley” area, Grand kets. Throughout the “Thumb” area of increased faster than producer receipts; Rapids, Jackson, Battle Creek and Kala­ Sanilac, Lapeer, Tuscola and- Huron receipts for 1956 were 136.5 percent of mazoo, and near, but not in, the City of Counties a regulated handler whose plant sales, 130.8 percent in 1957 and 126.5 for Flint. One handler with bottling plants is in Port Huron competes with Flint the data available for 1958. Detroit re­ in Detroit, Lansing and Flint formerly and Saginaw Valley dealers and markets ceipts, on the other hand increased from operated a plant in Grand Rapids, but 38 percent of his Class I sales in these 139.4 percent of sales in '1956 to 144.9 in now serves his Grand Rapids trade from counties. Other Detroit handlers also 1957 and 152.2 in 1958. his Lansing plant. A substantial number distribute milk in the “Thumb” area, The rapid development of long dis­ of producers that formerly delivered to Genesee County, Livingston County and tance sales distribution has outdated the the Grand Rapids plant now deliver their the unregulated portions of St. Clair, local market concept upon which nego­ milk to the Lansing plant. Macomb, Oakland, and Washtenaw tiated class prices and association pools Grand Rapids handlers recently have Counties. One such, handler has daily have operated in certain of these popula­ extended greatly their area of distribu­ sales in this area in excess of 30,000 tion centers. The lack of any bargain­ tion, principally through chain store pounds; another dealer sells 16,000 ing arrangements in some local markets, sales. One Grand Rapids dealer now pounds daily. the volume of milk not affected by the serves stores in Livingston and Oakland Except in the “Thumb” area, compe­ arrangements in other local markets and Counties adjacent to the present bound­ tition between Detroit and outstate han­ diversity of producer representation pre­ ary of the Order No. 24 marketing area. dlers has tended to concentrate nearer" clude voluntary establishment of uniform In addition this handler serves stores to the present marketing area boundary. bargaining and pooling arrangements fot throughout the western half of lower Handlers with multiple plant operations wider areas recognizing present sales Michigan, as does another Grand Rapids have shifted their out-of-area sales from patterns. Organized producer groups handler. Milk from Lansing and Grand Detroit plants to unregulated plants. A without exception support the proposal Rapids, from the cooperative plant regu­ handler with Detroit, Valley and Grand for minimum price regulation in this lated under the Upstate Michigan order, Rapids bottling plants maintains a dis­ .area. Handler opposition was largely and from a plant of another cooperative tribution station at Owosso in Shiawas­ confined to dealers in smaller commun­ association in Berrien County are all see County from which milk bottled at ities. sold in Kalamazo. Milk primarily as­ his Detroit plant had been distributed It would be impossible to establish any sociated with Kalamazoo is sold in for considerable time before the Detroit realistic separate marketing area bound­ Lansing, Jackson and in the area near order became effective. Since that time aries for the outstate markets and the Battle Creek. the milk distributed from Owosso has De.troit market which would not provide These extensive inter-area sales have successively been Detroit milk, Grand for substantial sales of Detroit handlers had substantial impact upon the classi­ Rapids milk, Detroit milk again, and is in the proposed Central Michigan mar­ fied price plans and local association now milk from the Valley plant. The keting area. Regulation of the outstate pools operated in a number of the mar­ last change was in April 1957 at which areas, in whatever form, provides op­ kets. The general effect has been to time sales through the Owosso station portunity for outstate dealers to market decrease the volume of Class I sales of were 25,000 pounds daily. Some Detroit milk in the Detroit area without incur­ dealers buying on classified price plans producers were later shifted to the Val­ ring additional regulation. This actual and to increase those of dealers procur­ ley market but their production was sub­ and potential sales competition and the ing their supplies without regard to utili­ stantially less than the sales volumes common supply area require that most zation. A further effect has been the lost to Dretroit. Substantial sales vol­ provisions of any regulation applicable in negotiation of special sub-classes for umes in Washtenaw, Livingston and the outstate area be the same as those for areas of competition or types of outlets. Oakland Counties have been lost to the Detroit, and that class prices at outstate Tuesday, November 3, 1959 FEDERAL REGISTER 8937 points be closely integrated with those are made in the proposed Central Mich­ practically the entire Detroit supply applicable at Detroit plants. The issue igan area. Handlers regulated under the could be distributed under a Grade A with respect to a separate Central Mich­ South Bend-LaPorte-Elkhart, Indiana, label. igan order versus extension of the pres­ order compete for sales in Berrien Milk from the Valley pool is now sup­ ent Detroit area is whether distribution County with the Berrien County Co­ plied to the only handler whose plant is to producers should be divided into two operative, which also has sales in located in Clare. This dealer has dis­ pools or be through a single pool. Kalamazoo. tribution in Midland, and also receives The substantial sales competition Substantial volumes of milk inspected milk in paper packages from the Dairy- throughout the area and the common for the area are manufactured into dairy land Cooperative plant at Carson City. co-extensive supply area leads to the products sold outside the State of Mich­ Under these circumstances it is appro­ conclusion that in Southern Michigan igan, when not needed for fluid distribu­ priate that two townships in Clare there is a single market supplied from tion. County surrounding the City of Clare be a single supply area practically co-exten­ The handling of milk in the additional included in the area. Inclusion of two sive with the market. Under these cir­ area proposed for regulation is in the townships (Lincoln and Standish) in cumstances producers ' should share current of interstate commerce or di­ Arenac County is appropriate to include equally in the returns of the entire mar­ rectly burdens, obstructs or affects inter­ the City of Standish located near the ket. It is concluded there should be a state commerce in milk or milk products. Bay County line arid the City of Pincon­ single regulation for the Southern Mich­ (c) Specific area to he included. Thening in Bay County. It is estimated that igan marketing area hereinafter defined, specific area to be included in the ex­ two Saginaw dealers and the Carson City and that this should be accomplished by panded marketing area, to be redesig­ plant distribute 85 percent of the milk in appropriate amendment of Order No. 24. nated the Southern Michigan marketing this area. Stability of marketing conditions can area, should include the counties of The marketing area should not be ex­ be assured only when (1) all handlers in Barry, Bay, Calhoun, Clinton, Eaton, tended at this time to include the four the entire area pay for their milk sup­ Genesee, Gratiot, Huron, Ingham, Ionia, townships in Monroe County not now in plies on the basis of use, at prices uni­ Isabella, Jackson, Kalamazoo, Kent, either the Toledo or Detroit marketing form except for necessary adjustments Lapeer, Livingston, Macomb, Mecosta, area. There appears to be no significant for location of receipt and butterfat con­ Midland, Montcalm, Oakland, Saginaw, distribution of milk not subject to price tent, (2) such use is verified by impar­ St. Clair, Sanilac, Shiawassee, Tuscola, regulation in these townships. tial audit, (3) producers supplying all Washtenaw and Wayne; the townships The proposal to include the portion of handlers receive uniform prices for their of Dorr, Leighton, Hopkins, Wayland, Lenawee County not now in the Toledo milk without regard to the use made of Watson, Martin, Otsego, and Gunplain marketing area should likewise be de­ it by the handler receiving such milk, in Allegan County; the townships of Lin­ nied. There is little if any unpriced milk subject to similar adjustments, and (4) coln and Standish in Arenac County; the sold in Lenawee County. The principal accurate information as to the total townships of Grant and Surrey in Clare basis upon which its inclusion in the De­ receipts and sales is proyided to all inter­ County; the townships of Ash and Berlin troit area was urged was to eliminate the ested parties. Inclusion of the area in in Monroe County; and the townships of producer location adjustment applicable a milk marketing order will provide the Wright, Tallmadge, Georgetown and at a Detroit pool plant. Retention of lo­ only practicable means of achieving Jamestown in Ottawa County ; all in the cation adjustments at other supply these needs. State of Michigan. plants was a factor in limiting the 'area (b) Character of commerce. The The area thus defined would include included in other proposals. As indi­ handling of milk in the outstate areas (1) the present Detroit marketing area, cated elsewhere in this decision, consid­ to be brought under regulation affects (2) the “Central Michigan” marketing eration must be given to location adjust­ and is affected by interstate commerce area proposed by the six cooperatives, ments within the boundaries of a mar­ as is the present Detroit Federal order (3) all territory intervening between the keting area as extensive as Southern market. present marketing area and the proposed Michigan. The provisions recommended There is considerable competition for Central Michigan marketing area, and with respect to location adjustments milk supplies between these, outstate (4) two townships each in Arenac and lessen need for consideration of includ­ markets and other Federal order mar­ Clare Counties. The extent is almost ing Lenawee County in the marketing kets. Supply plants for the Cleveland 19,000 square miles and the popula­ area and likewise permit inclusion of market are located at Coldwater and tion is in excess of 6.25 million people. certain other areas in which Detroit Constantine, Michigan, for which pro­ This represents the principal area within supply plants are located. curement routes compete for supplies which dealers serving Detroit, Ann Ar­ Sales in Hillsdale and Branch Coun­ with routes for Battle Creek, Kalamazoo bor, Pontiac, Port Huron, Flint, the Sagi­ ties by handlers to be regulated are not and Detroit. A Chicago supply plant at naw Valley area, Lansing, Jackson, Battle sufficiently substantial to require their Zeeland competes with Kalamazoo, Creek, Kalamazoo and Grand Rapids inclusion in the marketing area at this Grand Rapids and Detroit for milk sup­ compete with each other and with local time. In addition to that of Toledo han­ plies. Procurement routes of Toledo, plants serving the intervening smaller dlers there is distribution in these coun­ Ohio, handlers extend into the south­ communities of the area. ties by some Indiana dealers. While eastern portion of the area. Grand Rap­ All milk sold for fluid consumption in there was a specific proposal for inclu­ ids and Kalamazoo dealers compete for Michigan must meet the farm and plant sion of two townships in Branch County, milk supplies with Muskegon handlers. inspection standards of the Michigan no evidence was offered to distinguish There is likewise considerable com­ Milk Law, Act No. 169, P.A. 1929. Any marketing conditions in the two town­ petition for sales with Federal order milk sold under a Grade A label must ships from the remainder of the county. markets other than Detroit. Toledo, also meet inspection standards of the The three southwest Michigan counties Ohio, handlers extend their routes into State Grade A milk law, Act No. 216, of Berrien, Cass and Van Buren should the vicinity of Jackson and Battle Creek P.A. 1956. While local county and mu­ not be included. One plant located in and a Toledo handler distributes milk in nicipal governments may and do adopt Berrien County will be regulated by vir­ Livingston County. Certain Grand Rap­ local milk ordinances these cannot be tue of sales in and near Kalamazoo. This ids and Kalamazoo dealers sell milk in in conflict with the state laws. From 85 plant is operated by the Berrien County th4, Muskegon marketing area in quan­ to 90 percent of the milk distributed in Milk.Producers Cooperative, a proponent tity sufficient to bring them under par- the proposed Central Michigan area is of regulation in the Central Michigan t?al regulation of the Muskegon order. sold under the Grade A label. While De­ area. The principal distribution of this Two of the Grand Rapids dealers like­ troit dealers have not begun use of the cooperative in Berrien, Cass 'and Van wise market milk in the Upstate Michi­ Grade A label to this extent, the Detroit Uuren Counties is, however, from an­ gan marketing areas as does one Lansing ordinance has recently been amended to other plant. There is substantial compe­ dealer. The plant of the Dairyland Co­ incorporate the farm and plant inspec­ tition in this area from milk priced un­ operative Association at Carson City is tion standards of the State Grade A law der the South Bend-LaPorte-Elkhart and fully regulated under the Upstate Mich­ and 96.5 percent of the Detroit farm sup­ Chicago orders. A bottling plant located igan order, but a substantially greater ply had qualified under Grade A stand­ at Niles in Berrien County is regulated Volume of the Class I sales of this plant ards at the date of the hearing, so that under the South Bend-LaPorte-Elkhart No. 215------3 8938 PROPOSED RULE MAKING order. While Kalamazoo dealers sell pool plants of other handlers. While but provision should be made to price some milk in these counties, the volume the present need for any such operation and pool those plants that may make represents a minor proportion of the is in connection with supplies of the the required shipments to distributing total sales. principal outstate cities, the provision is plants in other parts of the area. Neither should Newaygo County be in­ not so limited. The definition of “handler” should be cluded. A local dealer in this area with The Kalamazoo Creamery Company modified to include a cooperative asso­ ten producers competes with both operates a dual plant operation at Kal­ ciation with respect to milk of its pro­ Muskegon and Grand Rapids dealers. amazoo, Michigan, which has historically ducer members which is delivered to a His procurement practices were not served as a surplus disposal outlet for pool plant of another handler in a tank shown to be a demoralizing factor. Like­ the western portion of the enlarged truck owned, operated by, or under con­ wise no need was shown for extending marketing area in addition to selling tract to the cooperative association for regulation to Iosco County or to the re­ fluid milk on routes. Substantial vol­ the account of the cooperative associa­ maining portions of Arenac and Clare umes of milk are diverted to the manu­ tion. Counties. facturing facilities of this plant by co­ The transportation of milk from farm n . Order Provisions. operative associations, particularly the to market in insulated tank trucks (a) The scope of regulation— (1) Kalamazoo Milk Producers Cooperative, owned, operated by, or under contract Milk to be regulated. With relatively which operates no plant of its own. In to, a cooperative association creates a minor modifications the provisions of the order that the! orderly marketing of milk problem with respect to the determina­ present Detroit order defining producers in portions of the area may not be in­ tion of the responsibility to the individ­ whose milk is to be priced and pooled terrupted it is provided that the receipts ual producer in the expanded area, if and pool plants subject to full regula­ to which the required percentages of the cooperative association is not made a tion of the order are appropriate for the route distribution apply in the case of a handler for such milk. This problem expanded area. distributing plant shall not include re­ would be particularly acute with respect A “producer” is now defined as any ceipts which a cooperative association to the Battle Creek and Kalamazoo mar­ dairy farmer whose milk is received at that operates no milk plant identifies as kets. In the case of the Battle Creek a pool plant or is diverted from a pool diverted from other pool plants for market, all the producers delivering to plant to a nonpool plant for the account manufacturing use if the total volume of the Battle Creek handlers are bulk tank of a handler. For the expanded area such certification does not exceed one- shippers and the transportation from it is desirable that in addition the term third of the cooperative association’s farm to plant is controlled by Michigan “producer” should be restricted to those milk supply. Unless this is provided the Milk Producers Association. The han­ dairy farmers producing milk in con­ regular receipts for fluid use of plants dlers have no knowledge of the identity formity with the sanitation requirements providing the services of surplus disposal of the individual producers from whom for fluid milk of any duly constituted for cooperatives operating no plant they receive milk, nor of the weights and health authority. This will prevent might not be pooled but the diverted tests of milk of individual shippers. The pooling uninspected milk receipts of dual milk could retain pool status. The coopérative association maintains such plant operations which are not so seg­ volume limitations provided are identical information for its member shippers, but regated physically and in accounting with those for standby plants operated the handlers know only the volume and practices as to enable them to be treated by cooperative associations. test of the truckload. The handlers pay as separate operations. The Detroit order provides that a non­ the cooperative association on the basis Distributing plants with route distri­ pool handler with route distribution in of use. The Kalamazoo market operates bution of Class I milk in the marketing the marketing area pay the difference in a similar manner. This situation area are presently regulated as pool between the Class I and Class n prices prevails not only in these districts but plants (1) if located in the marketing on his in-area sales or any amount by has been a market custom in other por­ area or if they have daily average dis­ which such handler has failed to pay his tions of the enlarged marketing area. tribution on routes entering the area dairy farmers the use value of all milk When a cooperative association is in of 600 pounds or more, and (2) if spec­ at order prices, whichever is less. Ex­ control of the transportation, it is more ified percentages (55 in October through pense of administration is assessed on appropriate to permit the cooperative as­ March, 45 in other months) of receipts the volume of his in-area sales. Obvi­ sociation to qualify as a handler under from producers and supply plants are ously, comparison of the classified use the order and to report milk so handled. disposed of on routes either within or value of all such a handler’s receipts with In such case the cooperative association without the marketing area. The 45 per­ respect to the payments made to dairy will report to the market administrator cent requirement does not apply to farmers involves fully as much verifica­ the producers, the quantity of milk so plants which qualified each month of the tion of receipts and utilization by the handled and the aggregate disposition of preceding October-March period. market administrator as is required at the milk. Accounting for the disposition Provisions should also be made to a fully regulated pool plant, The non­ of the milk will be handled in the same qualify as pool plants standby plants pool handler should, therefore, be sub­ manner as presently provided for trans­ operated by cooperative associations as ject to the same administrative assess­ fers of bulk milk from a cooperative adjuncts of their function oi supplying ment if he is to receive the benefit of this association plant to the pool plant of direct-shipped milk to the outstate comparison. another handler. Classification is estab­ markets. Such plants are presently op­ Should such a handler choose to forego lished on the basis of utilization as pro­ erated at Saginaw and Grand Rapids this comparison and pay at the difference ducer milk in the receiving plant, and by the Michigan Milk Producers Asso­ between class prices on his in-area sales, settlement is made to the cooperative as­ ciation. The proponents of the separate the verification required is reduced sociation at the base milk price. The co­ order for the Central Michigan area materially and it is appropriate that the operative association will be required to proposed to afford such plants pool status expense of administration apply only to make monthly reports and make pay­ on the basis of performance of the co­ the volume of in-area sales. Accord­ ments to the administrative fund with operative in supplying member milk ingly, it is provided that the handler respect to such milk. direct to the pool plants of other han­ may elect this option at the time of filing It was proposed that a producer- dlers. Under the Southern Michigan his report. handler be pooled if his average daily order these particular plants may be Conditions for qualification of supply production exceeded 1,075 pounds per pooled as supply plants under the aggre­ plants for pool status should be retained day. It appears, however, that the prin­ gate performance or “system” provisions as presently provided except that the cipal objective sought to be achieved by to be retained in the order. Provision required health authority, plant ap­ the volume limitation is provided for by should be included, however, to afford provals should be broadened from those the requirement that a producer-handler pool status to plants of other cooperative of Detroit, Ann Arbor, Pontiac, Port utilizes only his own production or milk associations rendering similar services Huron, and Wayne County to that of received from pool plants. Milk trans­ under similar circumstances. To qualify any appropriate health authority of the ferred from pool plants to a producer- such a plant the cooperative association marketing area, It is to be expected handler is classified as Class I. It follows that operates it must deliver at least most supply plants will continue to that any supplemental milk will have to two-thirds of the milk of its members to qualify on shipments to the Detroit area, he pooled and will not represent a non- Tuesday, November 3, 1959 FEDERAL REGISTER 8939 regulated source of supply to thé pro­ The extent to which cream in bulk to Class I only when current receipts of ducer-handler. Therefore, it is con­ form is moved for manufacturing pur­ pool milk (except Class n shrinkage) are cluded that there should not be any poses requires different rules of classi­ less than Class I sales. In such case, change in the present producer-handler fication of cream transferred to nonpool the handler should pay the difference definition. plants from those now effective with between the Class II price for such milk “Fluid milk product” is defined in the respect to movements of milk and skim in the preceding month and the current order because frequent references are milk. There are currently no transfer Class I price. The volume on which this made to this group of products. The rules with respect to cream, since any charge is made should not exceed the products specified in the fluid milk prod­ disposition is Class II utilization. volume (in excess of Class n shrinkage) uct definition are for milk, skim milk, Bulk cream transfererd to a nonpool for which producers were paid at the flavored milk, buttermilk, half and half plant should be Class I unless the han­ Class n price in the preceding month. and cream (exclusive of frozen, whipped dler claims Class II utilization and (i). Any opening inventory of fluid milk (commonly referred to as “aerated”) and such nonpool plant is located in Penn­ products subtracted from Class I in ex­ sour cream ). sylvania, New Jersey, New York or one cess of the volume of producer milk clas­ The term "other source milk” should of the New England states, or (2) the sified as Class II in the preceding month be defined as all the skim milk and but- market administrator is permitted to should be subject to a reclassification terfat contained in fluid milk products audit the records of receipts and utiliza­ charge, if such milk was not classified received by a handler at his pool plant tion at such nonpool plant and the plant and priced under another order issued except producer milk and receipts from has at least an equivalent amount of pursuant to the Act; other pool plants. This definition would skim milk and butterfat in Class II utili­ It was proposed that packaged Class I also include milk products, other than a zation. Retention of Class n classifica­ milk classified and priced under another fluid milk product, from any source (in­ tion of cream shipments to plants in Federal order be allocated to Class I in cluding those produced at the pool plant) these eastern states will allow handlers the proposed Central Michigan order. which are reprocessed or converted into who have established cream accounts A handler proposed this provision to ac­ another product in the plant during the to remain competitive in these markets. commodate integrated operations of month. Products neither converted nor With the single exception of New York plants which would have been regulated reprocessed will not be subject to the City for which no Michigan cream meets under both the Central Michigan and allocation and,pricing provision of the inspection requirements, fluid cream is Detroit orders. In view of the findings order because they will in no way affect priced in a class comparable to the that one order should regulate the the allocation or pricing of producer milk Southern Michigan Class II under all Southern Michigan area there is no need in the plant. Products reprocessed or Federal orders in these states. There is, for such an allocation provision. It is converted should be treated as other therefore, no need for the market ad­ therefore denied. source milk regardless of whether re­ ministrator to verify manufacturing use (c) Determination and level of class ceived from outsidè sources or produced of cream shipped to this area. Cream prices— (1) Class 1 price. The basic in a pool plant. This definition of other moved to a nonpool plant other than formula price and the Class I price dif­ source milk will insure uniformity among those located in the above mentioned ferentials of Order No. 24 should con­ all handlers under the allocation and states is moved primarily for surplus tinue to be used under the order for the pricing provisions of the attached order. disposal into manufactured products. enlarged area, subject to the supply- (b) The classification and allocation ofIf the nonpool plant had at least an demand and location adjustments dis­ milk. With certain modifications dis­ equivalent amount of Class n utilization cussed hereafter. Class I differentials cussed hereafter in detail the classifica­ to cover the shipment of cream and the of $1.23 for the months of February tion, transfer and allocation provisions market administrator could verify it, the through July, and of $1.63 for other of Order No. 24 are appropriate for the cream so transferred would be Class II. months, are now added to a basic for­ expanded marketing area. The majority of the cream transferred mula price which is the highest of the The state laws cited previously result to nonpool plants will be for manufac­ average paying price of 12 midwest con- in substantial uniformity throughout the turing purposes, therefore, it is not denseries, a butter-powder formula price area in the products which are required appropriate to apply the same transfer and the paying price of the Michigan to be from inspected milk. The fluid provisions to cream as are applied to plants that determine the price for Class milk products defined represent the sub­ milk and skim milk. n milk. stantial volume of such products. The Inventories of fluid milk products on A proposal to include as an alternative sole controversy with respect to any such hand at the end of the month should basic formula price a formula price based products was related to fluid cream, be classified as Class II. on market values of cheese and butter which is presently classified as Class II Handlers have inventories of milk and should not be adopted. Use of this basic utilization in the Detroit order. The milk products on hand at the beginning formula price was advocated on the basis revised Detroit health ordinance requires and end of each month which should that it was included in the pricing mech­ that sweet cream be from inspected enter into the accounting for current re­ anism of the order for the nearby sources. Sweet cream distributed in ceipts and utilization. It is appropriate Toledo market. Official notice is taken fluid form in the outstate markets is that the ending inventory of fluid milk that by amendment of the Toledo order from inspected sources. There is evi­ products be classified as Class II. This since the date of the hearing the cheese- dence, however, that whipped (aerated) manner of classifying inventory, with butter formula is no longer used in that and sour cream are widely distributed correlated steps in the allocation proce­ order. It is also concluded that the without being from locally inspected dure, provides a means of charging each paying prices of the Michigan plants sources. handler for his Class I sales each month listed in the order should be used rather In view of the requirement that fluid at the current Class I price. Fluid milk than the paying prices of a slightly dif­ sweet cream disposed of for consumption products, whether in bulk or packaged ferent list of plants proposed for the as such be from inspected milk, the ex­ form, should be inventoried and classi­ Central Michigan order. No significant tra cost of producing such milk should fied as Class II. Manufactured milk differences in the level of prices paid by be reflected in the cost of cream as a products are not included in inventory the two groups of plants was shown. Class I product. Since Class I and II accounting because the skim milk and There was no proposal to change the butterfat differentials of the order are butterfat used for such products are ac­ Class I differentials of the order. In ­ identical the additional cost is largely a counted for in the month when such stead the Detroit differentials were pro­ skim milk cost. products are manufactured. posed for the Central Michigan order/ In view of the widespread distribution Uniformity in the application of the The annual average differential of $1.43 of whipped cream and sour cream pricing provisions and simplicity of ac­ is in reasonable alignment with those through channels outside of the normal counting are achieved if, so far as pos­ of the Chicago (90 cents) and Cleveland fluid milk trade these cream products sible^ Class I utilization each month is ($1.65) orders, considering the distances are classified as Class n utilization. It assigned to current receipts of producer between the markets and costs of trans­ is not provided that distribution of bulk milk. This can be accomplished by clas­ porting milk such distances. The an­ cream alone will subject a plant to reg­ sification of closing inventory as Class nual average ($1.45) of the Class I ulation. n, and allocation of opening inventory differential of the nearby Toledo market 8940 PROPOSED RULE MAKING is now in close alignment with this dif­ under the order for the expanded area. cent are stated in the order for use ferential. Toledo handlers sell consider­ As soon as sufficient experience under during this period. These reflect recent able milk in competition with dealers the expanded order provides necessary seasonal experience of the Detroit mar­ now regulated and to be regulated, some data the “two-month” normal percent­ ket with some modification for the sea­ of which is sold in the Southern Mich­ ages used to reflect the necessary sea­ sonal pattern of utilization in the igan marketing area. sonal variation from the 136.7 percent outstate markets for which data are Subject to certain interim provisions annual average should be determined available. For the period from the 15th necessary to incorporate in an orderly from recent experience. Changes in the through the 26th month the three-cent manner the substantial sales and receipts seasonal pattern of utilization are taking rate is applicable but it is provided that of the additional territory -added, the place in the market as producer numbers the stated norms shall be averaged with Class I price should be adjusted on the decline but production per farm increases seasonal experience developed under the basis of the supply-sales relationship much more rapidly. Changes in the sea­ order for the most recent 14 months. in the most recent two-month period. sonal pattern of utilization have not been (2) Location adjustments. The Class The Class I price should be increased as great in this as in some other areas I price should be adjusted for the loca­ when the most recent two-month period but are of significance. When viewed on tion of the plant at which milk is re­ data indicate that the annual average a calendar year basis the constantly in­ ceived from producers. Adjustments are level of supply is less than 136.7 percent creasing ratio of supplies to sales that provided in the present Detroit order, of Class I utilization. This is the average has occurred since 1956 exaggerates the for Class I milk received at plants out­ of the monthly normal percentages extent to which changes in seasonality side the marketing area and more than presently incorporated in the order. have occurred. These seasonal changes 34 miles from the Detroit City Hall (or Likewise it should be decreased when in­ have likewise had the effect of decreas­ in certain instances the boundary of the dicated supplies exceed the 136.7 per­ ing the relative ratio of supplies to sales marketing area). The rate of such ad­ cent figure. Instead of stated seasonal in early months of the year as compared justments is 14 cents per hundredweight norms seasonal experience of a recent to fall and early winter months, but to for the 34-50 mile zone, 15 cents for the period should determine the seasonally a lesser degree than the calendar year 50-70 mile zone and one-cent additional adjusted normal percentages with which comparison would indicate. for each 20 miles or fraction thereof over utilization in the current two-month In order that supply-demand adjust­ 70 miles. period is compared. The maximum ment of the Class I price for the order Proponents of enlarging the Detroit range of adjustment should be 45 cents, for the expanded area may reflect as order and of the Central Michigan order as presently provided in the Detroit soon as possible recent seasonal patterns proposed that no location adjustments order. of utilization of the milk to be priced, apply within the respective marketing As indicated elsewhere in this decision provision should be made to use this ex­ areas. Accordingly, the Michigan Milk milk supplies in the Detroit market have perience as soon as practicable without Producers Association’s proposal to en­ increased substantially in recent years, introducing substantial random variation large the marketing area omitted certain both in total and in relation to Class I or errors due to non-seasonal trends of areas in which Detroit supply plants are utilization. Since April 1956 negotiated supplies or sales. To do this the utiliza­ presently located. Price relationships “superpool” prices have been in effect in tion percentages (ratio of supplies to between plants located near each other the market. As a consequence the sup­ sales) in the immediately preceding two- and regulated under the same or com­ ply-sales relationship presently prevail­ month period and of . the same periods panion orders cannot be ignored regard­ ing cannot be used as a basis for judging one and two years earlier should be less of marketing area boundaries. Ac­ effects of the level of Class I prices es­ averaged and compared to the utiliza­ cordingly, the marketing area described tablished under the order. Such prices tion percentage of the two-year period elsewhere in this decision was deter­ have not been the effective prices of the beginning with the 25th preceding mined on the basis of factors other than market. It is impossible to estimate month and ending with the 2d preced­ location of present Detroit supply plants. what supply conditions at any given ing month. This will thus provide a Of 20 such plants 16 are located in that time might be had order prices been ef­ comparison of the average two-month area. Three others are located near the fective. Since such supply conditions utilization at approximately the begin­ area boundary. in turn determine the amount of supply- ning, center, *and end of a two-year Price relationships between the var­ demand adjustment, the order prices period with that of the two-year period. ious portions of this extensive area from that would have prevailed under such The relationship thus established would which both Detroit and the outstate circumstances likew ise cannot be be applied to the annual average of 136.7 cities draw their supplies present an ex­ determined. to establish the “norm” for comparison tremely complex problem. At a number It is concluded that the normal sup­ with actual utilization in the most re­ of outstate points Class I prices at the ply level at which no adjustment would cent two-month period. full f .o.b. Detroit level (including “super- occur should remain the 136.7 annual Under the provisions described, a pe­ pool”, prices) have been negotiated al­ average. While at the present Class I riod of twenty-six months must ensue though in many such cases not applicable utilization in the outstate territory before all required data based upon ex­ to comparable classification. The same added is substantially less than that of perience under the expanded order are producers’ organization that has nego­ the present order pool, data available available. Such a period is too long to tiated these outstate prices is responsi­ with respect to earlier periods indicates defer all provisions for supply-demand ble for movements of the majority of that when annual supplies in the Detroit adjustment of the Class I price. In view milk from supply plants to Detroit pool approximated the established “nor­ of the period for which superpool prices plants. mal” percentage, supply conditions in have negated the effects of the present It is obvious that differences as great the outstate area were substantially the provisions some period for which no ad­ as the present initial location adjust-, same as those in Detroit. It is within justment is provided is appropriate to ment of 14 cents are not appropriate be­ the past two to three years that consid­ afford a possibility that adjustment may tween bottling plants within short dis­ erable divergence in utilization has de­ be based on results of the order pricing tances of each other. Prices 15-20 cents veloped, principally by increase in to which it is to be applied. It is pro­ less than the Detroit price are appro­ Detroit supplies but also by substantial vided that for the first six months the priate at plants in western Michigan, decrease in the relation of outstate adjustment shall be inoperative. For where procurement and sales competi­ market supplies to sales. It is evident the additional eight-month period for tion with Chicago, South Bend-LaPorte- that the normal supply sales relationship which a full year’s receipts and sales Elkhart and Muskegon dealers justifies for the expanded market will be accu­ of the enlarged market area cannot be a lower price level. . The Muskegon Class rately reflected by the present annual compared with utilization in more than I differentials average $1.25 or 18 cents norm (which was computed before the one two-month period the rate of ad­ less than that provided at Detroit. justment should be modified from the In the attached order the marketing supply transfers of the last few years rate of three cents per percentage point took place). These circumstances justify area and adjoining or nearby Michigan of deviation to one-cent for the 7th counties to the south and west are di­ the conclusion that the annual average through the 10th month and two cents vided into six zones. The first zone, for level of supply considered normal under for the 11th through the 14th month. which no adjustment is provided, is es­ the present order is likewise appropriate Normal percentages averaging 136.7 per­ sentially the present Detroit marketing Tuesday, November 3, 1959 FEDERAL REGISTER 8941 area, but also includes seven additional average paying prices of certain Michi­ Official notice is taken of the fact townships in Macomb, Oakland, and St. gan milk manufacturing plants or a Clair Counties and that portion of Mon­ that there was further consideration of butter-powder formula price less 18.3 Class II pricing at a public hearing held roe County not in "the marketing area, cents for the months of February but most of which is in the Toledo September 10, 1959. Should action on through September. For the four the basis of the record of such hearing marketing area. For the heavily popu­ months of October .through January, lated area extending through Flint to result in change in Class II pricing pro­ twenty cents per hundredweight is visions for any period for which the Bay City, Zones II and III provide Class added to this price. I prices three cents and six cents, re­ amended order here proposed will be The proponents of the Central Michi­ effective, official notice of such action spectively, less than the Zone I price. gan order proposed that the Class II Zone III also includes the areas im­ may be taken at a later stage of the price be the same as the Detroit Class proceedings. mediately to the west of Zone I in which II price, except for a slightly different population is less concentrated but dis­ (d) Distribution of returns to produc- list of manufacturing plants and elimi­ ers (1) Type of pool. No proposal was tances to Detroit and Toledo are less nation of the 20 cents in the months of than from Saginaw and Bay City. The made to change the marketwide pool by October through January. The Michi­ which returns are distributed to produc­ remaining three zones provide for de­ gan Producers Dairy Company proposed ductions of 10, 15, and 20 cents, respec­ ers under Order No. 24. The proponents that a credit of 20 cents per pound on of a Central Michigan order proposed tively. Mecosta County is the only part skim milk and one-half cent per pound of the marketing area included in the marketwide pooling for that regulation. of butterfat on all the skim milk and The Detroit marketing system requires 20-cent zone, which is largely made up butterfat used to produce nonfat dry of the area extending westward to Lake marketwide pooling, likewise there is milk and butter during the months of need for wider sharing of Class I utiliza­ Michigan from the marketing area boun­ October through January. Certain han­ dary. For plants located outside of this tion among producers in the expanded dlers proposed the deletion of the 20 area than is presently provided by local zoned area and more than 50 miles from cents during the months of October the Detroit City Hall present rates of pools. The sole pooling issue of the hear­ through January. ing was whether there should be one adjustment apply. The posted paying prices of the Mich­ The differences provided by these zone marketwide pool or two. Under the deci­ igan plants have been the effective Class sion to expand the Detroit marketing rates are appropriate to recognize dis­ II price making factor each month since tances from Detroit, concentrations of area it is imperative that the market­ September 1956. While the plants in­ wide pool continue. population and the extent to which near­ cluded in this list are representative of by production exceeds local demand, it (2) Base rating plan, Payment to manufacturing operations in the lower producers should continue to be com­ is concluded that they should be appli­ peninsula of Michigan, the posted pay-, cable to the price of Class I milk and puted under the base-excess plan in all ing prices used are not representative of months of the year. Half or more of to payments to producers for base milk- the actual prices paid for manufactur­ or at the uniform price. A more equi­ the producers delivering to the outstate ing milk. Manufacturing plants in this plants to be brought under regulation table pattern of producer pricing will re­ area quite generally pay premiums over sult if no location adjustments apply to are pa.J on base-excess plans essentially posted pay prices. Testimony at the the same as that under which Detroit the excess milk price. The excess milk- hearing would indicate that such pay­ price has been 17 cents above th? Class producer payments are computed. Such ments equal or exceed on the annual a plan was supported by producer groups II price but subject to location differen­ average the 6.7 cent average effect of tial. It is provided herein that the excess for the proposed Central Michigan reg­ the 20-cent addition for 4 months. ulation. With the modifications de­ milk price shall be the Class II price The record contains prices reported without location differentials. scribed below the present base-excess paid by Michigan plants for milk used plan provisions should be continued. The location adjustments provided by for evaporated milk and also for milk this zoning system are somewhat less In view of the substantial number of used in butter and creamery by-prod­ new producers involved and the date at than those applicable under present ucts. Official notice is hereby taken of mileage rates at Detroit supply plants. which amendments may now be effective reports of such prices published by the as related to the August-December base The record indicates that in many areas Department since the hearing. For 1958 producers can increase their net returns forming period, provision must be made the posted paying prices of the plants for orderly integration of producers cur­ by bulk deliveries direct to Detroit named in the order averaged 7.7 cents plants. Cost of delivery from the farm rently supplying plants newly brought less than the prices reported paid by under fegulation. It was proposed that to supply plant combined with the lo­ condenseries and 4.2 cents less than those cation adjustment, exceeds the direct such producers have the option of being reported paid by creameries. For the paid at the uniform price of the order haul from farm to Detroit. As a conse­ first five months of 1959 the posted plant quence a number of Detroit supply plants or of having bases computed on the basis prices averaged 7.0 cents less than the of August-December deliveries certified have closed in recent years. It was pro­ condensery prices and 5.8 cents less than posed that the producer adjustment be to the market administrator. The order the creamery prices. These comparisons presently provides for this second option reduced six cents per hundredweight at are at the average tests of milk reported all supply plants, without change in the when a plant first becomes a pool plant. received by the condenseries and cream­ In the present instance, however, the handler adjustment. The average rate eries, respectively, with the posted pay­ of adjustment provided herein at pres­ number of plants and producers are such ing prices adjusted by the order Class that the administrative detail of col­ ent Detroit supply plants is less than the n differential. Therefore, with the 20- present rate by approximately half the lecting delivery data for past periods and cent addition in four of twelve months determining the option chosen by each change proposed in the producer adjust­ the Class H price of the order is in good ment and applies also to the handler producer would be quite substantial. alignment with prices paid in the area Accordingly, it is provided that producers cost of Class I milk. for manufacturing milk. The Detroit order presently provides delivering to plants during the first that with respect to movements from For 1958 the Detroit Class II price month they are brought under regula­ supply plants to distributing plants ap­ averaged $3,015 as compared with a Class tion by the proposed redefinition of the plicable location adjustments are cred­ HI price of $3.01 under the Cleveland marketing area shall be paid the uni­ ited to the transferee handler rather order. This class does not include cot­ form price of the order for deliveries than tiie handler receiving the milk from tage cheese, one of the higher valued through January 1961. By that date Producers. Administrative convenience products to be retained in Class n under they will have had opportunity to estab­ and the custom of the market make it the Southern Michigan order. lish bases by August-December 1960 de­ desirable that this practice be continued. In view of the above facts the Class liveries. Cooperative associations desir­ (3) The Class II milk price. The pro­ ing to continue base-excess payments to II price as now determined in the Detroit their members can of course accomplish visions for pricing Class n milk should order is an appropriate value for milk- not be changed. this under their reblending privilege. used in manufacture of dairy products Provisions for payments to other pro­ The Class H milk price, since Sep­ and should be used to determine the tember 1956, has been the higher of the ducers without established bases and Class II price in the amended order. those producers who elect to relinquish 8942 PROPOSED RULE MAKING Rulings on proposed findings and con­ Sec. their bases should also be modified by 924.10 Other souree milk. providing that such producers shall be clusions. Briefs and proposed findings 924.11 Fluid milk product. paid at an adjusted uniform price until and conclusions were filed on behalf of 924.12 Base milk. they have established or reestablished certain interested parties in the'market. 924.13 Excess milk. a base by deliveries in the August-De- These briefs, proposed findings and con­ 924.14 Cooperative Association. cember period. For this purpose the clusions and the evidence in the record 924.15 Route. were considered in making the findings 924.16 Pool plant. uniform price would be reduced by a 924.17 Call percentage. percentage (seasonally varied from 5 and conclusions set forth above. To the percent for August-December to 50 per­ extent that the suggested findings and Market Administrator cent for April-June) of the difference conclusions filed by interested parties are 924.20 Market Administrator. between the uniform and excess prices inconsistent with the findings and con­ 924.21 Powers. computed under the order. Such provi­ clusions set forth herein, the requests to 924.22 Duties. make such findings or reach such con­ sions have proved satisfactory under the R eports, R ecords, and F acilities Muskegon order and simplify consider­ clusions are denied for the reasons pre­ ably the computations with respect to viously stated in this decision. 924.30 Monthly reports of receipts and General findings. The findings and utilization. the producers involved. At the same 924.31 Other reports. time they provide an equitable means of determinations hereinafter set forth are 924.32 Records and facilities. paying such producers without undue supplementary and in addition to the 924.33 Retention of records. findings and determinations previously encouragement for producers to relin­ Classification quish established bases and thus dimin­ made in connection with the issuance of ish the effectiveness of the base plan in the aforesaid order and of the previously 924.40 Skim milk and butterfat to be affecting seasonality of production. To issued amendments thereto; and all of classified. avoid confusion during the initial pe­ said previous findings and determina­ 924.41 Classes of utilization. tions are hereby ratified and affirmed, 924.42 Shrinkage. riod for which payment at the uniform 924.43 Transfers. price (not adjusted) is provided for pro­ except insofar as such findings and de­ 924.44 Responsibility of handlers and re- ducers supplying newly regulated plants, terminations may be in conflict with the 4 classification. the effective dates of this change is de­ findings and determinations set forth 924.45 Computation of skim milk and but­ ferred until February 1, 1961. herein. terfat in each class. (3) Payments to cooperatives. Pay­ (a) The tentative marketing agree­ 924.46 Allocation of butterfat classified. ments due any producer for milk should ment and the order, as hereby proposed 924.47 Allocation of skim milk classified. to be amended, and all of the terms and 924.48 Computation of total producer milk be paid by the handler to a cooperative in each class. association if the cooperative associa­ conditions thereof, will tend to effectuate tion makes a written request for such the declared policy of the Act ; Min im u m P rices payment and if the producer has given (b) The parity prices of milk as de­ 924.50 Basic formula price. the cooperative association written au­ termined pursuant to section 2 of the 924.51 Glass I milk price. thorization; in the form of a contract or Act are not reasonable in view of the 924.52 Class 11 milk price. otherwise, to collect such payments. The price of feeds, available supplies of feeds, 924.53 Handler butterfat differential. association request should also provide and other economic conditions which af­ 924.54 Location adjustments to handlers. for indemnifying the handler for any fect market supply and demand for milk 924.55 Use of equivalent prices. loss due to any improper claim. in the marketing area, and the minimum Determination of P rice • to Producers \ provision is made for handlers to make prices specified in the proposed market­ 924.60 Net obligation to handlers operating payments to a cooperative association ing agreement and the order, as hereby pool plants. two days in advance of the time the proposed to be amended, are such prices 924.61 Computation of the 3.5 percent value handler is required to make payments to as will reflect the aforesaid factors, in­ of all producer milk. individual producers in order that all sure a sufficient quantity of pure and 924.62 Uniform price. producers will receive payments on ap­ wholesome milk, and be in the public in­ 924.63 Adjusted uniform price. proximately the same date. In making terest; and 924.64 Excess milk price. (c) The tentative marketing agree­ 924.65 Computation of uniform price for such payments for producer milk to a base milk. cooperative association the handler ment and the order, as hereby proposed 924.66 Handler operating a plant which is should furnish the necessary data from to be amended, will regulate the han­ not a pool plant. which the cooperative association can dling of milk in the same manner as, 924.67 Location adjustment to producers. make proper distribution of money to and will be applicable only to persons 924.68 Producer butterfat differential. producers for whom it collects payments. in the respective classes of industrial 924.69 Notification. Unless a cooperative association can re­ and commercial activity specified in, a B ase Rules marketing agreement upon which a ceive payment for the milk marketed on 924.70 Determination of base. behalf of its member producers it can­ hearing has been held. Recommended marketing agreement 924.71 Application of bases. not reblend the sales proceeds from milk 924.72 Relinquishing a base. sold in various outlets. This important and order amending the order. The function is specifically provided in the following order amending the order reg­ P ayment for Mil k Act. The provision in the Southern ulating the handling of milk in the De­ 924.80 Time and method of payment. Michigan order will insure continuation troit, Michigan, redesignated as the 924.81 Producer-equalization fund. of payment practices now prevailing in Southern Michigan marketing area is 924.82 Payments to the producer-equaliza­ Battle Creek, Grand Rapids, Jackson recommended as the detailed and appro­ tion fund. priate means by which the foregoing 924.83 Payment out of the producer-equali­ and Kalamazoo. It should not be lim­ zation fund. ited, as was suggested by testimony at the conclusions may be carried out. The recommended marketing agreement is 924.84 Expense of administration. hearing, by the number or percentage of 924.85 Marketing services. producers supplying the plant that are not included in this decision because the 924.86 Adjustment of accounts. represented by the association claiming regulatory provisions thereof would be 924.87 Overdue accounts. the same as those contained in the payment. 924.88 Termination of obligations. + As indicated elsewhere in, this decision order, as hereby proposed to be Application of P rovisions payment by a handler to a cooperative amended: * Defin itio n s 924.90 Milk caused to be delivered by co­ association for milk transferred from an Sec. operative association. association operated pool plant and for 924.1 Act. 924.91 Handler exemption. milk for which the cooperative associa­ 924.2 Secretary. 924.92 Handlers subject to other Federal tion is a handler by virtue of operation 924.3 U.S.D.A. orders. 924.4 Person. , 924.93 Producer-handler exemption. of a bulk tank route should be made at 924.5 Southern Michigan marketing area. 924.94 Special reporting dates. the base milk price. The date of such 924.6 Handler. E ffective T im e , S uspension or T ermination payment should likewise be two days 924.7 Producer. earlier than the date for payments by the 924.8 Producer-handler. 924.100 Effective time. 924.101 Suspension or termination. handler to individual producers. 924.9 Producer milk. Tuesday, November 3, 1959 FEDERAL REGISTER 8943 Sec. 924.102 Continuing obligations. § 924.7 Producer. (b) To have full authority in the sale 924.103 Liquidation. “Producer” means any person other of milk of its members; and Miscellaneous Provisions than a producer-handler who produces (c) To be engaged in making collective milk in conformity with the sanitation sale or marketing milk or its products 924.110 Agents. for its members. 924.111 Separability of provisions. requirements for fluid milk of any duly constituted health authority, which is: § 924.15 Route. Definitions (a) Received at a pool plant; or “Route” means a delivery (including § 924.1 Act. (b) Diverted to a nonpool plant for the account of a cooperative association a delivery by a vendor or sale from a “Act” means Public Act No. 10, 73d or of a handler operating a pool plant. plant or plant store) of any fluid milk Congress, as amended, and as re-enacted Milk so diverted shall be deemed to have product (except bulk cream) classified and amended by the Agricultural Mar­ been received at the pool plant from as Class I to a wholesale or retail out­ keting Agreement Act of 1937, as which diverted, if for the account of the let other than a delivery to any milk amended (7 U.S.C. 601 et seq.). operator of such plant, or at an identical plant. § 924.2 Secretary. location if for the account of a coopera­ § 924.16 Pool plant. tive association through diversion from “Secretary” means the Secretary of the pool plant of another handler. A “pool plant” shall be any plant Agriculture of the United States, or any meeting the conditions of paragraph officer or employee of the United States § 924.8 Producer-handler. (a), (b) or (c) of this section, except a authorized to exercise the powers to per­ “Producer-handler” means a dairy plant of a producer-handler or a plant form the duties of the Secretary of Agri­ farmer who operates a milk plant from of a handler exempt pursuant to culture. which fluid milk products are distributed §§ 924.91 or 924.92; (a) Any plant, hereinafter referred to § 924.3 U.S.D.A. on route(s) in the marketing area and who receives no fluid milk products ex­ as a “distributing plant”; (1) in which “U.S.D.A.” means the United States cept milk of his own production or by * rmilk is pasteurized or packaged for dis­ Department of Agriculture. transfer from a pool plant. tribution in the marketing area, (2) § 924.4 Person. from which fluid milk products are dis­ § 924.9 Producer milk. tributed on routes in the marketing area, “Person” means any individual, part­ “Producer milk” means all the skim and (3) the total quantity of fluid miiir nership, corporation, association, or any milk and butterfat contained in milk re­ products distributed on all routes oper­ other business unit. ceived at a pool plant from producers ated inside or outside the marketing § 924.5 Southern Michigan marketing (including that diverted to a nonpool area during the month equals the appli­ area. plant for the account^ of the operator cable percentage specified below of re- of such pool plant) and milk to be classi­ cepits of producer milk, and from supply “Southern Michigan marketing area” fied at such pool plant pursuant to plants of milk approved by the appro­ hereinafter referred to as the “market- § 924.43(d). priate health authority for fluid use ing area” means all territory, including exclusive of receipts certified by a co­ all incorporated municipalities, within § 924.10 Other source milk. operative association which operates no the counties of Barry, Bay, Calhoun, “Other source milk” means all skim milk plant as having been diverted from Clinton, Eaton, Genessee, Gratiot, Huron, milk and butterfat contained in (a) re­ other pool plants for manufacturing use Ingham, Ionia, Isabella, Jackson, Kala­ ceipts during the month of fluid milk if the total volume of milk covered by mazoo, Kent, Lapeer, Livingston, Ma­ products except (1) receipts from other all certifications issued by such associa­ comb, Mecosta, Midland, Montcalm, pool plants and (2) producer milk, and tion does not exceed one-third of the Oakland, Saginaw, St. Clair, Sanilac, (b) products, other than fluid milk prod­ milk delivered to all pool distributing Shiawassee, Tuscola, Washtenaw and ucts from any source (including those plants by producers who are members of Wayne; the townships of Dorr, Leighton, produced at the pool plant) which are such association: Hopkins, Wayland, Watson, Martin, reprocessed or converted to another (i) 55 percent during any of the Otsego and Gunplain in Allegan County; product in the pool plant during the months of October through March; and the townships of Lincoln and Standish month. (ii) 45 percent during any of the in Arenac County; the townships of § 924.11 Fluid milk product. months of April through September, ex­ Grant and Surrey in Clare County; the cept that no such requirement shall ap­ townships of Ash and Berlin in Monroe “Fluid milk product” means milk, ply during such months with respect to County; and the townships of Wright, skim milk, flavored milk, buttermilk, any such plant which qualified as a dis­ Tallmadge, Georgetown and Jamestown half and half, or cream (exclusive of tributing plant during each of the im­ m Ottawa County; all in the State of frozen, whipped and sour cream). mediately preceding months of October Michigan. § 924.12 Base» milk. through March; or § 924.6 Handler. (b) Any plant, hereinafter referred to “Base milk” means the amount of milk as a “supply plant”, which is approved “Handler” means (a) any person who delivered by a producer each month by the appropriate health authority in operates a pool plant, (b) any person which is not in excess of his base com­ the marketing area for supplying milk who operates a nonpool plant from puted pursuant to § 924.70 multiplied by for fluid use and from which during the which fluid milk products are disposed the number of days for which his miiir month not less than 25 percent or the of on a route in the marketing area, (c) production is delivered during the call percentage as defined in § 924.17, month. a cooperative association, with respect whichever is higher, of its dairy farm to milk of its member producers which is § 924.13 Excess milk. supply of milk qualified for fluid distri­ delivered to the pool plant of another bution in the marketing area, including “Excess milk” means milk delivered any receipts for which a cooperative as­ handler in a tank truck owned, operated by a producer each month in excess of by, or under contract to such cooperative sociation is the handler pursuant to his base milk. § 924.6(c), less any milk disposed of from association for the account of such co­ § 924.14 Cooperative association. the plant as Class I other than by trans­ operative association (such milk shall fers to pool plants of other handlers, is be considered as having been received “Cooperative association” means any moved to a distributing plant. Any sup­ by such cooperative association at a lo­ cooperative marketing association of ply plant which has met the required cation identical to the pool plant to producers, duly organized as such under percentages during each of the months which it is delivered), or (d) a coopera­ laws of any state which the Secretary determines: • of October through January shall be a tive association with respect to miiir pool plant for each of the following customarily received at a pool plant (a) To be qualified under the stand­ months of February through September ards set forth in.the Act of Congress of during which it ships the percentage pro­ which is diverted to a nonpool plant for February 18, 1922, as amended, known the account of such association. vided for in any call which may be is­ as the “Capper-Volstead Act”; sued pursuant to § 924.17. All supply

V 8944 PROPOSED RULE MAKING plants which are operated by one han­ (c) At any time during a month when (1) Reports pursuant to §§ 924.30 and dler, or all of the supply plants from it appears that more milk is being de­ 924.31; or which a handler is responsible for the livered to distributing plants than is (2) Payments pursuant to §§ 924.80 movement of milk to distributing plants needed to fulfill their Class I require­ and 924.85; under a marketing agreement certified ments, the market administrator may (g) Calculate a base for each pro­ to the market administrator by both reduce the call percentage applicable for ducer in accordance with § 924.70 and parties, may be considered as a unit for such month. advise the producer and the handler re­ ceiving the milk of such base; the purpose of meeting the milk move­ M arket Administrator ment requirements of this paragraph (b) (h) Submit his books and records to upon written notice to the market ad­ § 924.20 Market administrator. examination by the Secretary and fur­ nish such information and reports as ministrator specifying the plants to be The agency for the administration of considered as a unit and the period dur­ may be requested by the Secretary; this part shall be a-market administra­ (i) Audit records of all handlers to ing which such consideration shall ap­ tor, selected by the Secretary, who shall ply. Such notice, and notice- of any verify the reports and payments required be entitled to such compensation as may pursuant to the provisions of this part; change in designation, shall be furnished be determined by, and shall be subject (j) Prepare and disseminate to pro­ on or before the 5th day (exclusive of to removal by, the Secretary. ducers, handlers and the public, general Sundays and holidays) following the § 924.21 Powers. information Which does not reveal con­ month to which the notice applies. In fidential information; and any of the months of February through The market administrator shall have (k) Publicly announce the prices de­ September a unit shall not contain plants the following powers with respect to this termined for each month as follows: which were not qualified as pool plants, part: (l) On or before the 5th day of each either individually or as a member of (a) To administer its terms and month, the minimum class prices for the a unit, during the previous October provisions; preceding month computed pursuant to through January; or (b) To receive, investigate, and re­ § 924,51 and § 924.52, and the handler (c) A plant which is operated by aport to the Secretary complaints of butterfat differential computed pursuant cooperative association and during the violations; to § 924.53; and month two-thirds or more of the milk of (e) To make rules and regulations to (2) On or before the 11th day of each producers who are members of such asso­ effectuate its terms and provisions; and month the uniform price, the adjusted ciation is delivered either directly or (d) To recommend amendments to the uniform price, the price for base milk pursuant to § 924.6(c) to pool plants of Secretary. and the price for excess milk for the other handlers. § 924.22 Duties. preceding month, computed pursuant to § 924.17 Call percentage. §§ 924.62, 924.63, 924.64 and 924.65, and The market administrator shall per­ the producer butterfat differential com­ (a) The “call percentage” .is the per­form all duties necessary to administer puted pursuant to § 924.68. centage of net receipts at a supply plant the terms and provisions of this part, (after subtracting any milk disposed of including, but not limited to, the R eports, R ecords, and F acilities as Class I other than by transfers to following: § 924.30 Monthly reports of receipts other pool plants) which such plant is (a) Within 30 days following the date and utilization. required to ship to a distributing on which he enters upon his duties, ex­ On or before the 5th day (exclusive plant (s) in order to qualify as a pool ecute and deliver to the Secretary a bond, effective as of the date on which of Sundays) of each month, each han­ plant pursuant to § 924.16. A call per­ dler, other than a producer-handler or centage may be announced for any he enters upon such duties and condi­ tioned upon the faithful performance of a handler exempt pursuant to §§ 924.91 month except April, May, June or July or 924.92, shall report to the market ad­ and shall be issued on or before the first such duties, in an amount and with surety thereon satisfactory to the ministrator for the preceding month in day of the month to which it applies. the detail and on the forms prescribed The call percentage shall be computed Secretary; by the market administrator as follows: by the market administrator from his (b) Employ and fix the compensation (a) The quantities of skim milk and of such persons as may be necessary to estimate of the Class I utilization of dis­ butterfat contained in: tributing pool plants during the month enable him to administer its terms and (1) Milk received from producers (or for which the call percentage is being provisions; from qualified dairy farmers, in case of computed, plus an operating margin of (c) Obtain a bond in a reasonable a nonpool plant) including the aggre­ 15 percent. From such estimated gross amount and with reasonable surety gate quantities of base milk, excess milk Class I requirements of distributing thereon covering each employee who and milk to be paid for at the uniform plants, inclusive of the 15 percent oper­ handles funds entrusted to the market or adjusted uniform price; ating reserve, shall be deducted the esti­ administrator; (2) Fluid milk products received from mated receipts directly from producers (d) Pay, out of the funds provided by other pool plants; during such month at such distributing § 924.84: (3) All other source milk; and plants and from those supply plants (1) The cost of his bond and of the (4) Inventories of fluid milk products which regularly send their entire avail­ bonds of his employees; on hand at the beginning of the month; able supply to such distributing plants (2) His own compensation; and ' and during the months of August through (3) All other expenses, except those in­ (b) The utilization of all skim milk March. The remainder shall be divided curred under § 924.85, necessarily in­ and butterfat required to be reported by the estimated net available supply curred by him in the maintenance and pursuant to paragraph (a) of this sec­ (after subtracting any milk estimated to functioning of his office and in the per­ tion; and be disposed of as Class I other than formance of his duties; (c) Such other information as the transfers to other pool plants) at supply (e) Keep such books and records as market administrator may prescribe. . plants other than those regularly ship­ will clearly reflect the transactions pro­ § 924.31 Other reports. ping their entire supply as described vided in this part, and, upon request by above, and the result shall be multiplied the Secretary, surrender the same to (a) Each producer-handler and each by 75 to determine the call percentage. such other person as the Secretary may handler described in §§ 924.91 and 924.92 No call percentage of less than 25 shall shall make reports at such time and in be issued; designate; such manner as the market administra­ (b) The market administrator’s an­ (f) Publicly announce, unless other­ tor may request; and nouncement of a call percentage shall in­ wise directed by the Secretary, by post­ (b) On or before the 20th day of each clude the historical data on which his ing in a conspicuous place in his office, month each handler who received milk estimates of Class I utilization and the and by such other means as he deems from producers shall report his producer various sources of supply are based, to­ appropriate, the name of any person payroll for the preceding month which gether with appropriate explanatory who, within 10 days after the day upon shall show: comments on the computations in­ which he is required to perform such (1) The pounds of base milk and volved; and acts, has not made; pounds of excess milk, or the pounds of Tuesday, November 3, 1959 FEDERAL REGISTER 8945

milk to be paid for at the uniform or ad­ prior notification to and inspection (at tion at such nonpool plant and such non­ justed uniform price, received from each his discretion within 18 hours) by the pool plant had Class II utilization of not producer, and the percentage of butter- market administrator, (3) in cream less than an equivalent amount of skim fat contained therein; frozen, (4) in inventory of fluid milk milk and butterfat; (2) The amount and date of payment products on hand at the end of the (d) Producer milk transferred in bulk to each producer (or to a cooperative as­ month, (5) in shrinkage of producer by a cooperative association to a pool sociation) ; and milk up to two percent of receipts, and plant and that delivered pursuant to (3) The nature and amount of each (6) in shrinkage of other source milk. § 924.6(c) shall be deducted from the deduction or charge involved in the pay­ § 924.42 Shrinkage. producer milk to be classified as that for ments referred to in subparagraph (2) which the cooperative association is the of this paragraph. (a) If producer milk is utilized in con­ handler, and shall be included in pro­ § 924.32 Records and facilities. junction with other source milk, the ducer milk classified at the plant of the shrinkage shall be allocated pro rata transferee handler; and Each handler shall maintain and make between the receipts of s k im milk and available to the market administrator (e) As Class I if transferred in the butterfat in producer milk and other form of a fluid milk product to a pro­ during the usual hours of business, such source milk; ducer-handler. accounts and records of all of his opera­ (b) Producer milk transferred from a tions and such facilities as are necessary pool plant to another pool plant with­ § 924.44 Responsibility of handlers and to verify reports* or to ascertain the cor­ out first having been received for the reclassification. rect information with respect to (a) the purpose of weighing and testing in the All skim milk and butterfat shall be receipts and utilization or disposition of transferor handler’s pool plant, and that classified as Class I utilization unless all skim milk and butterfat received, in­ for which a cooperative association is the the handler who first receives such skim cluding all milk products received and handler pursuant to § 924.6(c), shall be milk or butterfat proves to the market disposed of in the same form; (b) the included in the receipts at the plant of administrator that such skim milk or weights and tests for butterfat, skim the transferee handler for the purpose butterfat should be classified otherwise. milk and other contents of all milk and of computing his shrinkage and shall be milk products handled; and (c) pay­ § 924.45 Computation of skim milk and excluded from receipts of the transferor butterfat in each class. ments to producers and cooperative handler in computing his shrinkage; and associations. (c) Producer milk received at a sup­ For each month the market adminis­ § 924.33 Retention of records. ply plant and transferred in bulk from trator shall correct for mathematical such plant, ta a distributing plant shall and other obvious errors the monthly All books and records ‘required under be subtracted from the producer milk report submitted by each handler, and this part to be made available to the mar­ receipts at the supply plant and added compute the total pounds of skim milk ket administrator shall be retained by to the producer milk receipts at the dis­ and butterfat, respectively, in Class I the handler for a period of three years tributing plant in computing shrinkage. and Class II utilization for such handler. to begin at the end of the month to which If any of the water contained in the mill«; such books and records pertain: P ro­ §924.43 Transfers. from which a product is made is removed vided, That if within such three-year Skim milk and butterfat transferred before the product is utilized or disposed period, the market administrator noti­ or diverted from a pool plant shall be of by a handler, the pounds of skim milk fies a handler in writing that the reten­ classified: disposed of in such product shall be con­ tion of such books and records, or of (a) As Class I if transferred to a pool sidered to be an amount equivalent to specified books and records, is necessary plant of another handler (except as pro­ the nonfat milk solids contained in such in connection with a proceeding Tinder vided in paragraph (d) of this section) product, plus all of the water normally section 8c(15) (A) of the Act or a court as a fluid milk product unless Class II associated with such solids in the form action specified in such notice, the han­ utilization is indicated by both handlers of whole mlik. dler shall retain such books and records in their reports pursuant to § 924.30. In until further written notification from § 924.46 Allocation of butterfat classi­ no event shall the amount so classified fied. the market administrator. The market in Class n be greater than the amount administrator shall give further written of producer milk used in such, class by The pounds of butterfat remaining notification to the handler promptly the transferee handler after allocating after making the following computation upon the termination of the litigation or other source milk and beginning inven­ shall be the pounds in each class allo­ when the records are no longer necessary tory of fluid milk products in his plant cated to milk received from producers: in connection therewith. pursuant to §§924.46 and 924.47; (a) Subtract from the total pounds of C lassification (b) As Class I if transferred or buttetfat in Class II utilization, the diverted to a nonpool plant in the form pounds of butterfat in shrinkage pur­ § 924.40 ^ Skim milk and butterfat to be suant to § 924.41(b) (5); classified. of milk or skim milk in bulk if so re­ ported by the handler, or unless the (b) Subtract from the pounds of but­ All skim milk and butterfat received market administrator is permitted to terfat remaining in each class, in series at a pool plant which is required to be audit the records of receipts and utiliza­ beginning with the lowest priced utiliza­ reported purusant to § 924.30 shall be tion at such nonpool plant, in which case tion, the pounds of butterfat in other classified pursuant to §§ 924.41 through the classification of all skim milk' and source milk other than that to be sub­ 924.48. butterfat at such nonpool plant shall be tracted pursuant to paragraph (c) of this section; § 924.41 Classes of utilization. determined and the skim milk and but­ terfat so transferred from the pool plant (c) Subtract from the pounds of but­ Subject to the conditions set forth in shall be allocated to the lowest use dur­ terfat remaining in each class, in series §§ 924.43 and 924.44 the classes of utiliza­ ing the months of April, May, or June beginning with the lowest priced utiliza­ tion shall be: and to the highest use during any other tion, the pounds of butterfat in other (a) Class I utilization shall be all «Mm month. If all or a portion of the milk so source milk received from a plant at milk and butterfat: ' transferred is retransferred to a second which the handling of milk is fully sub­ (1) Disposed of in the form of a fluid nonpool plant, the same conditions of ject to the pricing and payment provi­ milk product, except as provided in audit, classification and allocation shall sions of another marketing agreement or Paragraph (b) (2) and*(4) of this sec­ apply; order issued pursuant to the Act; tion; and (c) As Class I if transferred to a non­ (d) Subtract from the remaining (2) Not accounted for as Class II pool plant in the form of cream in bulk pounds of butterfat in each class, in utilization; unless the handler claims Class II utili­ series beginning with the lowest priced (b) Class II utilization shall be all the zation, and (1) such nonpool plant is utilization, the pounds of butterfat con­ skim milk and butterfat: (1) Used to ; located in Pennsylvania, New Jersey, tained in inventory of fluid milk prod­ ucts on hand at the beginning of the Produce any product other than a fluid New York or New England, or (2) the’ milk product, (2) disposed of as livestock month; market administrator is permitted to (e) Subtract from the pounds of but­ feed or skim milk dumped subject to audit the record of receipts and utiliza­ No. 215------4 terfat remaining in each class, the 8946 PROPOSED RULE MAKING to redefine and redesignate the market­ pounds of butterfat received from pool (2) From the simple average of the weighted averages of the carlot prices ing area, the following modifications of plants of other handlers (except from a the procedure set forth in paragraph (b) cooperative association as set forth in per pound of spray and roller process nonfat dry milk solids for human con­ of this section will apply : § 924.43(d) ) in such classes pursuant to (1) For the first six months, the § 924.43(a); sumption, f,o.b. manufacturing plants in.the Chicago area, as published for the supply-demand adjustment shall be zero; (f) Add to the remaining pounds of (2) For the 7th month through the butterfat in Class II utilization the period from the 26th day of the imme­ diately preceding month through the 10th month, inclusive, the rate specified pounds subtracted pursuant to para­ in paragraph (b) (4) of this section shall graph (a) of this section; and 25th day of the current month by the Department of Agriculture, deduct 5.5 be one cent; (g) If the remaining pounds of but- (3) For the 11th month through the terfafc in all classes exceed the pounds cents, multiply by 8.2; or (c) The average of the prices per hun­ 14th month, inclusive, the rate specified of butterfat in milk received from pro­ in paragraph (b)(4) of this section shall ducers, subtract such excess from the dredweight reported to have been paid, or to be paid, for milk of 3.5 percent be two cents; remaining pounds of butterfat in each (4) For the 7th month through the class in series beginning with the lowest butterfat content received from farm­ ers during the month at the following 14th month, inclusive, the percentages priced utilization. Any amount so sub­ for the corresponding two-month period tracted shall be known as “overage". plants, except any which meet the quali­ fication of § 924.16, for which prices in the following schedule shall be sub­ § 924.47 Allocation of skim milk classi­ have been reported to the market ad­ stituted for the calculations pursuant to fied. ministrator: paragraph (b) (1) and (2) of this sec­ tion: Allocate the pounds of skim milk in Present Operator and Location each class to milk received from pro­ Borden Co., Mt. Pleasant, Mich. Pricing month Two-month period Percent­ ducers in a manner similar to that pre­ Carnation Co., Sheridan, Mich. age scribed for butterfat in § 924.46. Carnation Co., Sparta, Mich. § 924.48 Computation of total producer Fairmont Foods Co., Bad Axe, Mich. November-December— 1 3 0 .2 Kraft Foods, Clare, Mich. February______December-January------1 3 2 .0 milk in each class. Kraft Foods, Pinconning, Mich. January-February------1 3 0 .8 The amounts computed pursuant to Nestle Co., Ubly, Mich. 1 3 1 .7 TV/Tcrv March-Àpril— ------1 3 5 .7 § § 924.46 and 924.47 shall be combined JWIA * 1 4 1 .9 § 924.51 Class I milk priee. 1 5 1 .7 into one total for each class and the 1 5 0 .2 weighted average butterfat content of (a) Subject to the adjustments pro­ 1 4 0 .1 producer milk in each class determined. vided in paragraph (b) or (c) of this August-September------1 3 6 .4 September-October------3 3 2 .6 section and §§ 924.53. and 924.54, the October-November...... 1 2 8 .9 M inimum P rices minimum price per hundredweight to December______§ 924.50 Basic formula price. be paid by each handler, f.o.b. his plant, for milk of 3.5 percent butterfat content (5) For the 14th month through the The basic formula price per hundred­ received from producers or from co­ 26th month, inclusive, the utilization weight of milk to be used in determining operative associations, during the month, percentages calculated pursuant to par­ class prices for each month shall be the which is classified as Class I utilization, agraph (b) (1) of this section shall be higher of the prices per hundredweight shall be the basic formula price plus $1.23 for the one-year period ending with the of milk of 3.5 percent butterfat content during the months of February through second preceding month, for the two- computed by the market administrator July and plus $1.63 in all other months; month period ending with the preceding pursuant to paragraphs (a), (b) or (c) (b) Subject to the conditions in para­ month, and for the same period of the of this section: graph (c) of this section a supply- preceding year. The average of these (a) The average of the basic (or field) demand adjustment shall be computed two-month period percentages will be prices ascertained to have been paid per by the market administrator as follows: divided by the percentage for the one- hundredweight for milk of 3.5 percent (1) Calculate as a utilization percent­ year period, multiplied by 136.7 and this butterfat content received from farmers age the percentage that total receipts of result averaged with the percentage during the month at the following plants milk from producers by all handlers specified in subparagraph (4) of this or places for which prices have been was of total Class I utilization at all pool paragraph. This result will be sub­ reported to the market administrator by plants in each of the following periods: tracted from the utilization percentage the Department of Agriculture oi/by the (1) The two-year period ending with for the two-month period ending with companies indicated below: the second preceding month; the preceding month in computing the Company and Location (ii) The two-month period ending deviation percentage. Borden Co., Mt. Pleasant, Mich. with the preceding month and the same § 924.52 Class II milk price. Borden Co., New London, Wis. period of each of the two preceding Borden Co., Orfordville, Wis. years; The minimum price per hundred­ Carnation Co., Oconomowoc, Wis. (2) Average the utilization percent­ weight to be paid by each handler, f.o.b. Carnation Co., Riehland Center, Wis. ages of the three two-month periods, his plant, for milk of 3.5 percent butter­ Carnation Co., Sparta, Mich. divide by the utilization percentage of fat content received from producers or Pet'Milk Co., Belleville, Wis. the two-year period, and multiply by from a cooperative association during Pet Milk Co., Coopersville, Mich. the month which is classified as Class II Pet Milk Co., New Glarus, Wis. 136.7; Pet Milk Co., Wayland, Mich. (3) Subtract from the utilization per­ utilization shall be as follows: White House Milk ¡Co., Manitowoc, Wis. centage for the two-month period end­ (a) In the months of February White House Milk Co., West Bend, Wis. ing with the preceding month the quan­ through September the higher of: tity computed pursuant to subparagraph (1) The price described in § 924.50 (b) The price per hundredweight (2) of this paragraph and round the re­ (c); or . , . computed by adding together the plus sult to the nearest full percentage, this (2) The price per hundredweight de­ amounts pursuant to subparagraphs (1) result is the “deviation percentage”; scribed in § 924.50(b), less 18.3 cents, and (2) of this paragraph: and and (1) Prom the average of the daily (4) For each percentage point of plus (b) In the months of October, Novem­ wholesale selling prices per pound (using deviation the Class I price will be de­ ber, December and January, add 20 cents the midpoint of any price range as one creased three cents and for each per­ per hundredweight to the price deter­ price) of Grade A (92-score) bulk centage point of minus deviation the mined in paragraph (a) of this section. creamery butter for the month as re­ Class I price will be increased three § 924.53 Handler butterfat differential. ported by the Department of Agricul­ cents, but no such adjustment shall ex­ ture for the Chicago market, subtract ceed 45 cents; and There shall be added to or subtracted three cents, add 20 percent of the result­ (c) For the 26-month period following from, the prices of milk for each class the effective date of this paragraph and as computed pursuant to §§ 924.51 and ing amount and then multiply by 3.5; 924.52, for each one-tenth of one per- and the simultaneous amendment of § 924.5 Tuesday, November 3, 1959 FEDERAL REGISTER 8947

cent that the average butterfat test of Zone VI—Adjustment rate 20 cents shrinkage) for the preceding month; the milk in each class above or below 3.5 In Allegan County all territory not in­ and percent, as the case may be, an am ount, cluded in Zone V; Berrien County; Cass (d) Add an amount equal to the dif- equal to the average daily wholesale County; Mecosta County; Muskegon County; v ference between the values (subject to price per pound of Grade A (92-score) Newaygo County; in Ottawa County all ter­ 'butterfat and location differentials) at bulk creamery butter per pound at ChU ritory not included in Zone V; and Van Buren County. the Class I price and the Class II price cago as reported by the U.S.D.A. during with respect to : the month multiplied by 0.113 and the (b) Mileage rates. The mileage rate (1) Other source milk subtracted from result rounded to the nearest one-tenth applicable to plants located outside of Class I pursuant to § 924.46(b) and the of a cent. Zones I—VI, inclusive, as described in corresponding step of § 924.47; and § 924.54 Location adjustments to han­ § 924.54(a), shall be based on the short­ (2) Milk in inventory subtracted from dlers. est highway distance to the plant from Class I pursuant to § 924.46(d) and the (a) Zone rates. For plants located inthe City Hall in Detroit, Michigan,- as corresponding step of § 924.47 which is determined by the market administrator, in excess of the sum of: the following described territory in Mich­ and shall be 15 cents for distances of igan the applicable zone rates shall be (i) The quantity of milk for which a as follows: more than 50 miles, but not more than payment was computed pursuant to 70 miles, plus one-cent for each 20 miles paragraph (c) of this section; and Zone I—No adjustment or fraction thereof over 70 miles. (ii) The quantity of milk subtracted In Macomb County the townships of (c) Direct disposition adjustment. from Class II in the preceding month' Shelby, Macomb, Chesterfield, Sterling, Clin­ With respect to milk received from pro­ pursuant to § 924.46(c) and the corre­ ton, Harrison, Warren, Erin and Lake; Mon­ ducers at a pool plant and classified as sponding step of § 924.47. roe County; in Oakland County the town­ Class I utilization without movement to ships of Highland, White Lake, Waterford, another pool plant the Class I price to § 924.61 Computation of the 3.5 per­ Pontiac, Avon, Milford, Commerce, West cent value of all producer milk. Bloomfield, Bloomfield, Troy, Lyon, Novi,. the handler receiving such milk shall be Farmington, Southfield and Royal Oak; in reduced by the applicable zone rate for For each month, the market adminis­ St. Clair County the townships of Burtch- plants located in the zones described in trator shall compute the 3.5 percent ville, Grant, Greenwood, Kenochee, Wales, § 924.54(a) and by the applicable mile­ value of all producer milk by : Clyde, Fort Gratiot, Kimball, Port Huron, age rate for plants located elsewhere. (a) Combining into one total the in­ Columbus, St. Clair, Casco, China, East (d) Transfer adjustments. With re­ dividual values of milk of all handlers China, Ira, C.ottrellville and Clay; Wayne spect to fluid milk products moved in computed pursuant to § 924.60; County; and in Washtenaw County the bulk from a pool plant to a pool plant (b) Adding, if the weighted average townships of Salem, Northfield, Webster, Scio, butterfat test of all producer milk repre­ Ann Arbor, Superior, Ypsilanti, Pittsfield! described in § 924.16(a) the operator of Lodi, Saline, York and Augusta. the transferee plant shall receive credit sented in paragraph (a) of this section at the applicable zone or mileage rate, is less than 3.5 percent, or subtracting Zone II—Adjustment rate 3 cents based on the location (s) of the trans­ if the weighted average butterfat test Genesee County; in Macomb, Oakland and feror plant (s), the total volume on which of such milk is more than 3.5 percent, St. Clair Counties all territory not included such credit is computed to be not more an amount computed by multiplying the in Zone I. than the amount by which 108 percent total pounds of butterfat represented by Zone III—Adjustment rate 6 cents of Class I utilization at the transferee the difference of such average butterfat plant exceeds receipts of milk at such test from 3.5 percent by the butterfat Bay County, except the townships of Fraser, Garfield, Mount Forest, Pinconning and Gib­ plant from producers and from cooper­ differential provided in § 924.68 multi­ son; in Lenawee County the townships of ative associations pursuant to § 924.6(c), plied by 10; Franklin, Clinton, Tecumseh, Macon, Adrian, and to be assigned to transferor plants (c) Adding the aggregate of the Raisin, Ridgeway, Madison, Palmyra, Bliss- pro rata to receipts of fluid milk prod­ values of the applicable producer loca­ field, Deerfield, Fairfield, Ogden and Riga; ucts from such plants. tion adjustments pursuant to § 924.67; Livingston County; Saginaw County, except and the townships of Jonesfield, Richland, Lake- § 924.55 Use of equivalent prices. (d) Adding not less than one-half of field, Freemont, Marion, Brant, Chapin, If for any reason a price quotation re­ Brady, Chesaning and Maple Grove. the unobligated balance in the producer- quired by this order for computing class equalization fund. Zone IV—Adjustment rate 10 cents prices or for any other purposes is not § 924.62 Uniform price. In Arenac County the townships of Lin­ available in the manner described, the coln and Standish; in Bay County the town­ market administrator shall use a price For each month, the uniform price ships of Fraser, Garfield, Mount Forest, Pin­ determined by the Secretary to be equiv­ shall be computed by: conning and Gibson; in Clinton County the alent to the price which is required. (a) Dividing the amount computed townships of Bengal, Bingham, Ovid, Riley, pursuant to § 924.61 by the hundred­ Olive, Victor, Watertown, De Witt and Bath; Determination of P rice to P roducers weight of milk received from producers in Eaton County the townships of Delta, § 924.60 Net obligation to handlers op­ represented by the values included in Windsor, Eaton Rapids, and Hamlin; Hills­ erating pool plants. dale County, except the townships of Litch­ § 924.61; and field, Allen, Reading and Camden; Ingham The net obligation for milk received (b) Subtracting not less than six cents County; Jackson County; Lapeer County; in by each handler who operates a pool or more than seven cents. Lenawee County all territory not included in plant shall be computed as follows: Zone III; Midland County; in Saginaw § 924.63 Adjusted uniform price. County the townships of Jonesfield, Rich­ (a) Multiply the pounds of milk in each class computed^ursuant to § 924.48 For the purpose of payments pursuant land, Lakefield, Fremont, Marion, Brant, to § 924.70(c) the uniform price com­ Chapin, Brady,.Chesaning, and Maple Grove; by the applicable class prices; Shiawassee County and Tuscola County. (b) Add an amount determined by puted pursuant to § 924.62 shall be ad­ justed by deducting therefrom the appli­ Zone V—Adjustment rate 15 cents multiplying the pounds of overage com­ puted pursuant to § 924.46(g) and the cable percentage specified below of the The following territory in Michigan: corresponding step of § 924.47 by the ap­ differences between the uniform price In Allegan County the townships of Dorr, plicable class prices; and the excess milk price, rounded to Leighton, Hopkins, Wayland, Watson, Martin, the nearest cent: Otsego and Gunplain; Barry County; Branch (c) Add any amount obtained through County; Calhoun County; in Clare County multiplying by the difference between Month Percent the townships of Grant and Surrey; in Clin­ the Class H price for the preceding January, February and March______30 ton County all territory not included in Zone months and the Class I price for the April, May and June______50 IV; Gratiot County; in Hillsdale County the current month the lesser of: July------15 All others______5 townships of Litchfield, Allen, Reading and "(1) The hundredweight of milk sub­ Camden; Huron County; Ionia County; Isa­ tracted from Class I pursuant to § 924.64 Excess -milk price. „ bella County; Kalamazoo County; Kent County; Montcalm County; in Ottawa § 924.46(d) and the corresponding step For each month, the excess price shall County the townships of Wright, Tallmadge, of § 924.47; or be the price of Class II utilization, deter­ Georgetown and Jamestown; Sanilac County (2) The hundredweight of producer mined pursuant to § 924.52, rounded to «fid St. Joseph County. milk classified as Class H (except as the nearest cent. 8948 PROPOSED RULE MAKING

§ 924.65 Computation of uniform price cash payments made to the dairy farmer average of daily deliveries for the August for base milk. or his assignee on or before the date of 1-December 31 period is less than such the report required pursuant to § 924.31, base shall have a base computed by sub­ (a) Multiply the total pounds of ex­ plus the value of any supplies or services tracting from his previous base any cess milk for the month by the excess furnished by the handler on prior writ­ amount by which 90 percent of his pre­ milk price; ten authorization or as evidenced by a vious base exceeds such average of daily (b) Multiply the total amount of milk delivery ticket signed by the dairy deliveries; to be paid for at the uniform price pursu­ farmer; and (b) A producer with an established ant to § 924.70 (d) and (f) by the uni­ (2) On or before the 25th day after the base who does not forfeit his base pur­ form price for the month; end of the month, as his pro rata share suant to § 924.71(c) but who fails to (c) Multiply the total amount of milk of the expense of administration, an deliver milk on at least 122 days of the to be paid for at the adjusted uniform amount equal to that which would have August 1 through December 31 period price pursuant to § 924.70(c) by the ad­ been computed pursuant to § 924.84 had shall have his base for the 12 months justed uniform price for the month; such plant been a pool plant. beginning the following February 1 com­ (d) Subtract the total values arrived puted by dividing the total pounds at in paragraphs (a), (b) ancf (c) of this § 924.67 Location adjustment to pro­ shipped during the period by 122; section from the total 3.5 percent value ducers. (c) Except as provided in paragraphs of all producer milk arrived at in In making payments to producers or (d), (e), (f) and (g) of this section a § 924.61; cooperative associations pursuant to producer who has no base shall be paid (e) Divide the resultant value by the § 924.80 a handler may deduct with re­ until February 1 following the August- total hundredweight of base milk and spect to base milk and milk to be paid for December period within which he estab­ milk to be paid for at the base price at the uniform price or adjusted uniform lishes a base pursuant to paragraph (a) pursuant to § 924.70 (b) and (e ); and price the zone rate per hundredweight of this section at the adjusted uniform (f) Subtract not less than six cents applicable pursuant to § 924.54(a) for the price computed pursuant to § 924.63; nor more than seven cents. The result­ location of the plant at which the milk (d) Whenever total receipts of pro­ ant hundredweight price shall be the was received, or if such plant is not lo­ ducer milk by all handlers during the uniform price of base milk of 3.5 percent cated in a defined zone, the mileage rate month are less than 112.5 percent of the butterfat content received at pool plants. applicable pursuant to § 924.54(b). total Class I utilization of all milk by handlers during such month, all produc­ § 924.66 Handler operating a plant § 924.68 Producer butterfat differential. which is not a pool plant. ers and cooperative associations shall be In making payments pursuant to paid the uniform price for all milk Each handler, other than a producer- § 924.80, 'the base price and excess price delivered; handler or one exempt pursuant to or the uniform prices shall be increased (e) When a plant first becomes a pool §§ 924.91 and 924.92, who during the or decreased for each one-tenth of one plant pursuant to § 924.16(a) bases for month operates a nonpool plant from percent of butterfat content that the producers delivering to such plant may which fluid ,milk products are disposed milk received from each producer or a be established on the basis of deliveries of on a route in the marketing area, cooperative association is above or below of milk to such plant for the preceding shall in lieu of the payment required 3.5 percent, as the case may be, by an August-December period certified by sub­ pursuant to § 924.80 through § 924.83, amount equal to the average daily whole­ mission of delivery receipts or xother pay to the market administrator as fol­ sale price per pound of Grade A (92- evidence satisfactory to the market lows: score) bulk creamery butter per pound administrator; and (a) If such handler so elects at the at Chicago as reported by the U.S.D.A. (f) Notwithstanding the provisions of time of reporting pursuant to § 924.30 during the month multiplied by 0.113 and paragraph (e) of this section producers his obligation shall be as follows: the result rounded to the nearest one- without an established base who are de­ (1) On or before the 13th day after the half cent. livering milk to plants during the month end of the month, Tor the producer- that such plants first become pool plants equalization fund, an amount equal to § 924.69 Notification. as a result of redefinition of the market­ the difference between the value of Class On or before the 12th day after the ing area effective at the same date as I milk disposed of during the month on end of each month the market adminis­ this paragraph shall be paid until Feb­ routes in the marketing area at the ap­ trator shall notify each handler of: ruary 1,1961, at the uniform price com­ plicable Class I price for the month and (a) The amounts and values of his puted pursuant to § 924.62; and the value of such milk at the Class II milk in each class and the total of such (g) Through January 1961 a producer price; and amounts and values; who has no base (or who relinquishes <2> On or before the 13th day after (b) The base of any producer deliver­ his base pursuant to § 924.72) shall be the end of the month, as his pro rata ing milk to the handler which was not paid during the first three full months share of the expense of administration, used in making payments for the pre­ he is a producer the uniform price in the rate specified in § 924.84 with respect vious month; each of the months of August through to the fluid milk products disposed of on (c) The amount due such handler December and in other months, the price routes in the marketing area; from the producer-equalization fund or applicable to base milk for the following (b) Unless such handler elects to have the amount to be paid by such handler percentages of his milk deliveries and his obligations computed pursuant to to the producer-equalization fund, as the the price applicable to excess milk for the paragraph (a) of this section, his obli­ case may be; and remainder of his deliveries: 75 percent gation shall be as follows: (d) The totals of the minimum for January and February, 70 percent (1) On or before the 25th day after amounts to be paid by such handler pur­ for March, 60. percent for April and July the end of the month, for the producer- suant to §§ 924.80, 924.82, 924.84, 924.85 and 40 percent for May and June. At equalization fund, the lesser of the and 924.86. the conclusion of the first- three full amount ‘computed pursuant to para­ B ase R ules months delivery, a base shall be estab­ graph (a)(1) of this section, or any plus lished in the following manner: Multiply § 924.70 Determination of base. amount resulting from the following the total .deliveries in the months of computation: ' (a) A producer who delivered milk August and September by 0.8 and Octo­ (i) Compute an amount equal to the on at least 122 days during the period ber, November and December by 0.9, in August 1 through December 31, inclusive, January and February by 0.75, in March value of milk which would be computed by 0.7, in April and July by 0.6, and in pursuant to § 924.60 for milk received of any year shall have a base computed by the market administrator to be ap­ May and June by 0.4. Add the amounts from dairy farmers at such plant for such plicable, subject to § 924.72, for the 12 so computed and divide by the number month if such plant had been a pool months period beginning the following of days in which milk was delivered plant; February 1, equal to his daily average during the three months. (ii) Deduct the gross payments made milk deliveries from the date on which § 924.71 Application of bases. by the handler to qualified dairy farmers milk was first delivered in the period to for milk received at such plant for such the end of such August 1-December 31 (a) A base shall apply to deliveries of month. Gross payments to be included period: Provided, That a producer who milk by the producer for whose account in this computation shall be limited to had a base on December 1 and whose milk was delivered during the base pe- Tuesday, November 3, 1959 FEDERAL REGISTER 8949 riod, and upon death may be transferred ten promise to reimburse the handler to a member or members of the deceased by which such value for such month (in the amount of any actual loss incurred the case of a cooperative association producer’s immediate family; by him because of any improper claim (b) Bases may be transferred under which is a handler, plus the minimum on the part of the association, each han­ amount due from other handlers pursu­ the following conditions upon written dler shall pay to the cooperative associa­ notice by the holder of the base to the ant to § 924.80(c)) is greater than the tion on or before the 13th day of each minimum amount required to be paid by market administrator on or before the month, in lieu of payments pursuant to last day of the month that such base is him pursuant to § 924.80; and paragraph (a) of this section an amount (b) On or before the date applicable, to be transferred; equal to the gross sum due for all milk (1) Upon retirement or entry into mil­ thereto each handler who is required to received from certified members, less make payment pursuant to § 924.66 (a) itary service of a producer the entire amounts owing by each member-produ­ base may be transferred to a member or (1) or (b) (1) shall pay such amount to cer to the handler for supplies purchased the market administrator. members of his immediate family; from him on prior written order or as (2) Bases may be held jointly and if evidence by a delivery ticket signed by § 924.83 Payment out of the producer- such joint holding is terminated the base the producer and submit to the coopera­ equalization fund. may be divided among the joint holders tive association written information On or before the 14th day after the as specified in writing to the market ad­ which shows for each such member-pro­ ministrator; and end of each month, the market adminis- ducer (i) the total pounds of milk re­ trator shall pay to each handler any (3) Two or more producers with bases ceived from him during the preceding amount by which the value of milk for may combine those bases upon the for­ month, (ii)-the total pounds of butterfat mation of a bona fide partnership; and such handler for the month pursuant to contained in such milk, (iii) the number § 924.60 (in the case of a cooperative (c) A producer who does not deliver of days on which milk was received, and association which is a handler, plus the milk to any handler for 45 consecutive (iv) the amounts withheld by the han­ days shall forfeit his base except that the minimum amount due from other hand­ dler in payment for supplies- sold. The lers pursuant to § 924.80(c) ) is less than following producers may retain their foregoing payment and submission of bases without loss for 12 months: the total minimum amount required to information shall be made with respect be paid by him pursuant to § 924.80, less (1) A producer who suffers the com­ to milk of each producer whom the co­ plete loss of his barn as a result of fire any unpaid obligations of such handler operative association certifies is a mem­ to the market administrator: Provided, or windstorm; or ber, which is received on and after the (2) . A producer for whom loss of 70 That if the balance in the producer- first day of the month next following equalization fund is insufficient to make percent or more of the milk herd from receipt of such certification through the brucellosis or bovine tuberculosis, is all payments to all handlers pursuant to last ^ day of the month next preceding this paragraph, the market administra­ shown by evidence issued under state or receipt of notice from the cooperative Federal authority. tor shall reduce uniformly such pay­ association of a termination of member­ ments and shall complete such payments § 924.72 Relinquishing a base. ship or until the original request is re­ as soon as the necessary funds become scinded in writing by the association; available. A producer with a base, by notifying (2) A copy of each such request, prom­ the market administrator that he relin­ ise to reimburse and certified list of § 924.84 Expense of administration. quishes such base, may be paid pursuant members shall be filed simultaneously to the provisions of § 924.70(c) applicable As his pro rata share of the expense with the market administrator by the as­ of administration of this part, each to a producer without a base beginning sociation and shall be subject to verifi­ with the first day of the month in which handler shall pay to the market admin­ cation at his discretion, through audit istrator on or before the 13th day after such notification is received by the mar­ of the records of the cooperative associa­ ket administrator. the çnd of each month two cents per tion pertaining thereto. Exceptions, if hundredweight, or such amount not ex­ P ayment for Mil k any, to the accuracy of such certification ceeding two cents per hundredweight as by a producer claimed to be a member, or § 924.80 Time and method of payment. the Secretary may prescribe, with re­ by a handler shall be made by written spect to (a) all receipts within the month (a) Except as provided by paragraph notice to the market administrator, and of milk from producers, including miiir (b) of this section, on or before the 15th shall be subject to his determination; of such handler’s own production, (b) all day of each month, each handler (except (c) On or before the 13th day-after other source milk on which payments a cooperative association) shall pay each the end of each month, each handler are computed pursuant to § 924.60 (d ), producer for milk received from him dur­ shall pay a cooperative association which and (c) the applicable amount specified ing the preceding month, not less than an is a handler, with respect to milk received in § 924.66 (a)(2) or (b )(2 ). amount of money computed by multiply­ by him from a pool plant operated by ing the total pounds of such milk by the such cooperative association, or in bulk § 924.85 Marketing^ services. applicable uniform pricers) computed tank delivery pursuant to § 924.6(c), not (a) Except as set forth in paragraph pursuant to §§ 924.61, 924.62, 924.63 or less than an amount computed by multi­ (b) of this section, each handler, in 924.64 adjusted by the location and but- plying the price, for base milk subject making payments pursuant to § 924.80 terfat differentials pursuant to §§ 924.67 to the location adjustment applicable at (a) for milk received from each producer and 924.68, less any proper deduction au­ the transferee plant as provided by (including milk of such handler’s own thorized by the producer: Provided, That § 924.54 and the butterfat differential production) at a plant not operated by if by such date such handler has not re­ provided by § 924.53, by the total hun­ a cooperative association of which such ceived full payment for such month pur­ dredweight of milk received by such producer is a member, shall deduct five suant to § 924.83 he may reduce such handler from the cooperative association. cents per hundredweight, or such amount payments uniformly per hundredweight § 924.81 Producer-equalization fund. not exceeding five cents per hundred­ lor all producers, by an amount not in weight as the Secretary may prescribe, excess of the per hundredweight reduc­ The market administrator shall estab­ and, on or before the 13th day after thé tion in payment from the market ad­ lish and maintain a separate fund, known end of each month, shall pay such de­ ministrator; however, the handler shall as the “producer-equalization fund” ductions to the market administrator. make such balance of payment to those into which he shall deposit all payments Such moneys shall be used by the market Producers to whom it is due on or before received pursuant to § 924.82 and out of administrator to verify weights, samples, the date for making payments pursuant which he shall make all payments pur­ and tests of milk received from producers to this paragraph next following that on suant to § 924,83. and to provide producers with market which such balance of payment is re­ § 924.82 Payments to the producer- information, such services to be per­ ceived from the market administrator ; equalization fund. formed by the market administrator or (b) (1) Upon receipt of a written re­ by an agent engaged by and responsible quest from a cooperative association (a) On or before the 13th day after to him; which the Secretary determines is ‘au­ the end of each month, each handler (b) In the case of producers whose thorized by its members to collect pay­ whose value of milk is required to be milk is received at a plant not operated ment for their milk and receipt of a writ- computed pursuant to § 924.60 shall pay by a cooperative association of which to the market administrator any amount such producers are members, for which 8950 PROPOSED RULE MAKING payment is not made pursuant to § 924.80 provided for in paragraph (a) of this § 924.94 Special reporting dates. (b) or (c), and for whom a cooperative section, notify the handler in writing of When a holiday prevents normal busi­ association is actually performing the such failure or refusal. If the market ness activities on any day except Sunday services described in paragraph (a) of administrator so notifies a handler, the during the first 15 days of the month, this section, as determined by the Secre­ said twò-year period with respect to such those of the dates specified in §§ 924.22 tary, each handler shall make, in lieu obligation shall not begin to non until (j)(2 ), 924.30, 924.31(b), 924.66, 924.80, of the deductions specified in paragraph the first day of the month followihg the 924.82, 924.83, 924.84, and 924.85 which (a) of this section, such deductions from month during which such books and rec­ follow such holiday shall be postponed payments required pursuant to § 924.80 ords pertaining to such obligation are by the number of days lost as a result as may be authorized by such producers, made available to the market adminis­ of such holiday. and pay such deductions on or before the trator or his representatives; (c) Notwithstanding the provisions of E ffective T im e, Suspension or 13th day after the end of the month to T ermination the cooperative association rendering paragraphs (a) and (b) of this section, such services of which such producers a handler’s obligation under this part to § 924.100 Effective time. . are members. pay money shall not be terminated with respect to any transaction involving The provisions of this part, or of any § 924.86 Adjustment of accounts. fraud or wilfull concealment of a fact, amendment hereto, shall become effec­ material to the obligation, on the part of tive at such time as the Secretary may Whenever audit by the market admin­ declare and shall continue in force until istrator of any handler’s reports, books, the handler against whom the obligation records, or accounts discloses adjust­ is sought to be imposed; and suspended or terminated. ments to be made, for any reason, which (d) Any obligation on the part of the § 924.101 Suspension or termination. market administrator to pay a handler result in moneys due: The Secretary shall, whenever he finds (a) To the market administrator any money which such handler claims to be due him under the terms of this that this part, or any provision thereof, from such handler; obstructs or does not tend to effectuate (b) To such handler from the market part shall terminate two years after the end of the month during which the milk the declared policy of the Act, terminate administrator; or or suspend the operation of this part of (c) To any producer or cooperative involved in the claim was received if an association from such handler, the mar­ under payment is claimed, or two years any such provision thereof. ket administrator shall promptly notify after the end of the month during which § 924.102 Continuing obligations. the payment (including deduction or such handler of any such amount due, If, upon the suspension or termination and payment thereof shall be made on setoff by the market administrator) was made by the handler if a refund on such of any or all provisions of this part, there or before the next date for making pay­ are any obligations thereunder the final ment set forth in the provisions under payment is claimed, unless such han­ dler, within the applicable period of accrual or ascertainment of which re­ which such error occurred, following the quires further acts by any person (in­ 5th day after such notice. time, files, pursuant to section 8c (15) (A) of the Act, a petition claiming such cluding the market administrator), such § 924.87 Overdue accounts. money. further acts shall be performed not­ withstanding such suspension or termi­ Any unpaid obligation of a handler or Application op P rovisions of the market administrator pursuant to nation. §§ 924.82, 924.83, 924.84, 924.85 and § 924.90 Milk caused to be delivered by § 924.103 Liquidation. cooperative associations. 924.86 shall be increased one-half of one Under the suspension or termination percent on the first day of the month Milk referred to in this part as re­ of the provisions of this part, except this next following the due date of such ob­ ceived from producers by a handler shall section, the markêt administrator, or ligation and on the first day of each include milk of producers caused to be such other liquidating agent as the Sec­ month thereafter until such obligation delivered to such handler by a coopera­ retary may designate, shall, if so directed is paid. tive association. by the Secretary, liquidate the business § 924.88 Termination of obligations. § 924.91 Handler exemption. of the market administrator’s office, dis­ (a) The obligation of any handler to pose of all property in his possession or A handler who operates a plant, other control, including accounts receivable, pay money required to be paid under the than a plant described in § 924.16 (b) or terms of this part shall,, except as pro­ and execute and deliver all assignments (c), located outside the marketing area or other instruments necessary or ap­ vided in paragraphs (b) and (c) of this from which fluid milk products are dis­ section, terminate two years after the propriate to effectuate any such disposi­ posed of on a route (s) within the mar­ tion. If a liquidating agent is so desig­ last day of the month during which the keting area but from which the disposi­ market administrator receives the han­ nated, all assets, books, and records of tion of fluid milk products on all routes the market administrator shall be trans­ dler’s report of utilization of the milk operating wholly or partly within the involved in such obligation, unless ferred promptly to such liquidating marketing area averages less than 600 agent. If, upon such liquidation, the within such two-year period the market pounds per day for the month, and from administrator notifies the handler in funds on hand exceed the amounts re­ which no milk is transferred to other quired to pay outstanding obligations of writing that such money is due and pay­ handlers, shall be exempted for such able. Service of such notice shall be the office of the market administrator month from all provisions of this part and to pay necessary expenses of liquida­ complete upon mailing to the handler’s except §§ 924.31, 924.32, and 924.33. last known address, and it shall contain, tion, and distribution, such excess shall but need not be limited to, the following § 924.92 Handlers subject to other Fed­ be distributed to contributing handlers information: eral orders. and producers, in an equitable manner. (1) The amount of the obligation; A handler who operates a plant at Miscellaneous P rovisions (2) The month(s) during which the which during the month milk is fully milk, with respect to which the obliga­ subject to the classification, pricing and § 924.110 Agents. tion exists, was received or handled; and payment provisions of another market­ The Secretary may, by designation in (3) If the obligation is payable to one ing agreement or ordér issued pursuant writing, name any officer or employee of or more producers or to a cooperative to the act and the disposition of fluid the United States to act as his agent or association, the name of such producers milk products in the other Federal mar­ representative in connection with any or association, or if the obligation is keting area exceeds that in the Southern of the provisions of this part. payable to the market administrator, the Michigan marketing area shall be account for which it is to be paid; exempt for such month from all provi­ § 924.111 Separability of provisions. (b) If a handler fails or refuses, with sions of this part except §§ 924.31, 924.32, If any provision of this part, or its respect te any obligation under this part, and 924.33. application to any person or circum­ to make available to the market admin­ stances, is held invalid the application of istrator or his representatives all books § 924.93 Producer-handler exemption. such provisions, and of the remaining or records required by this order to be A producer-handler shall be exempt provisions of this part, to other persons made available, the market administra­ from all provisions of this part except or circumstances shall not be affected tor may, within the two-year period §§ 924.31, 924.32, and 924.33. thereby. Tuesday, November 3, 1959 FEDERAL REGISTER 8951

issued at Washington, D.C., this 29th in the light of comments received. All ever, Amendment 60-14 requires the day of October 1959. comments submitted will be available for floor of control areas to be established P. R . B ttrke, examination by interested persons in the 1,500 feet or higher above the surface and Acting Deputy Administrator. Docket Section when the prescribed date intended that a safety buffer would be for return of comments has expired. Be­ provided by establishing the minimum [F.R. Doc. 59-9292; Filed, Nov. 2, 1959; cause of the large number of comments 8:49 a.m.] en route altitude (MEA) 500 feet above which we anticipate receiving in response the floor. This, in effect, places a dual to this Draft Release, we will be unable requirement for the establishment of to acknowledge receipt of each reply. MEA’s, at least 1,000 feet above obstruc­ DEPARTMENT OF LABOR However, you may be assured that all tions and in addition, at least 2,000 feet comments will be given careful con­ above the terrain. Wage and Hour Division sideration. . Although the Federal Aviation Agency I 29 CFR Part 687 1 Amendment 60-14 was adopted De­ has complete records of obstruction alti­ cember 29, 1958, to become effective on tudes, very little information relative to [Administrative Order No. 525] January 1, 1960. This Amendment con­ exact terrain elevations is available INDUSTRY COMMITTEE NO. 45-B tains provisions for the establishment of from any source. To positively assure “floors” of control areas at 1,500 feet that all MEA’s are designated so as to be Resignation and Appointment of and establishes a requirement for des­ 2,000 feet above the terrain, a compre­ Employee Member ignation of terminal control areas with hensive review of the national route a floor of 700 feet to provide for the structure including extensive flight A. Bernstein of Santurce, Puerto Rico, transition of arrival and departure air­ checking is essential. This includes has resigned as an employee representa­ craft between the control zone and en some 40,000 en route and terminal pro­ tive on Committee No. 45-B. Under the route control area. In addition, this cedures, including 310,000 miles of en authority of the Pair Labor Standards Amendment authorizes the Administra­ route segment procedures and some 2,000 Act of 1938 (52 Stat. 1060, as amended; tor to make this Amendment, or any instrument approach procedures. While 29 U.S.C. 201 et seq.), and Reorganiza­ part thereof, effective in any portion in some areas the flight procedure alti­ tion Plan No. 6 of 1950 (3 CFR, 1950 of the airspace prior to January 1, 1960, tudes will remain unchanged, there is Supp., p. 165), I hereby appoint Hipolito the mandatory effective date. no alternative but to conduct these Marcano of San Juan, Puerto Rico, to To implement the provisions of this analyses and necessary flight checks to serve on said Committee as an employee Amendment, a detailed study of ter­ determine that change was not re­ representative. minal areas and route structures is re­ quired. A similar analysis is necessary Signed at Washington, D.C., this 28th quired. The Federal Aviation Agency for all instrument approach procedures day of October 1959. Regional Offices are presently conduct­ and terminal procedures. ing this study to determine those ter­ In addition to the requirement for ex­ J ames P . Mitch ell, minal control area configurations which tensive flight checking throughout the Secretary of Labor. are compatible with the terms of this routes system, innumerable other de­ [F.R. Doc. 59-9288; Filed, Nov. 2, 1959; Amendment and those which will re­ tailed analyses must be accomplished 8:49 a.m.] quire the designation of additional ter­ prior to implementation of Amendment minal control areas to accommodate the 60-14. Further, once the determina­ airport. Each individual change or ad­ tions are made after a completed review dition to these areas involves additional and analysis, airspace designation ac­ FEDERAL AVIATION AGENCY time in order to conduct airspace action tion will require additional time. Since [ 14 CFR Part 60 ] in accordance with the Administrative actual airspace actions require normal [Reg. Docket No. 165; Draft Release 59-16] Procedure Act. Each segment of the handling in the rule making process, it airway route structure must be examined becomes apparent that complete action AIR TRAFFIC RULES with respect to the elevation of the ter­ to ready the entire controlled airspace rain. The corresponding minimum en structure cannot be finalized by Ja n ­ Postponement of Effective Date route altitude (MEA) is then adjusted uary 1, i960. Pursuant to the authority delegated to based upon the newly established floor Until each step of this time-consum­ me by the Administrator (§ 405.27, 24 of the control area. It is anticipated ing task has been completed, the Fed­ P.R. 2196), notice is hereby given that that they will have completed their eral Aviation Agency' is unable to im­ the Federal Aviation Agency has under studies and submitted the results to plement the provisions of Amendment consideration a proposal to'postpone the the Washington Office by November 16, 60-14. Therefore, it is proposed to ex­ effective date of Civil Air Regulations 1959. tend the mandatory effective date of Amendment 60-14 (24 P.R. 6) from Ja n ­ In addition to the workload associated Civil Air Regulations Amendment 60-14 uary 1, I960, to July 1, 1960. with the development of the necessary to July 1, I960, in order to permit the Interested persons may participate in airspace action, several more problems Federal Aviation Agency additional time the making of the proposed rules by sub­ have become apparent which further to accomplish the implementation, re- mitting such written data, views or argu­ affect implementation of the provisions quired by this Amendment. ments as they may desire. Communica­ of Amendment 60-14. For example, (Sec. 307(a), 307(c), 313(a) of the Federal tions should be submitted in duplicate minimum en route altitudes (MEA) are Aviation Act of 1958 (72 Stat. 752. 749 49 to the Docket Section of the Federal presently determined with respect to U.S.C.1354, 1348)) obstructions on the ground and are Aviation Agency, Room B-316, 1711 New Issued in Washington, D.C., on October York Avenue NW., Washington 25, D.C. established at least 1,000 feet (higher in 28,1959. mountainous terrain) above the highest AH communications received by Decem­ . D. D. T homas, ber 15, 1959, will be considered by the obstruction located within a route seg­ ment. Accordingly, flight check in­ Director, Bureau o f Administrator before taking action upon formation on the majority of the routes Air Traffic Management. the proposed rule. The proposal con­ is based upon obstructions such as tall [F.R. Doc. 59-9256; Filed, Nov. 2, 1959; tained in this notice may be changed buildings, television towers, etc. How- . 8:45 a.m.] 8952 FEDERAL REGISTER NOTICES

tivity, when such utilities are not avail­ aluminum mill products, the same as or DEPARTMENT OF THE TREASURY able from local sources. similar to the aluminum mill products The Commandant may make provi­ sold to the United States, sold for home Office of the Secretary sions for the performance by subordi­ consumption was adequate to form a {Order No. 145, Rev. 2 ]' nates in the Coast Guard of the func­ basis. for a fair value comparison. It tions delegated herein. was accordingly determined that the BUREAU CHIEFS AND COAST GUARD. proper fair value comparison was be­ COMMANDANT Dated: October 28, 1959. tween purchase price and home market [seal] A. Gilmore F lues, price. Delegation of Functions Acting Secretary of the Treasury. It was further determined that pur­ October 28, 1959. [FR . Doç. 59-9274; Filed, Nav. 2, 1959; chase price was not less than home mar­ 8:47 a.m.] ket price. In arriving at the home market By virtue of the authority vested in price for the purpose of the fair value the Secretary of the Treasury by Reor­ comparison, due allowance was made ganization Plan No. 26 of 1950, the fol­ for differences in quantity where appli­ lowing delegation of functions is hereby [Order No. 167-40; (CGFR 59-44) ] cable, for the cost of export packing, made: and for other differences in circum­ 1. To the head of each bureau: COMMANDANT, U.S. COAST GUARD stances of sale. The amount of import (a) The functions authorized by 28 Delegation of Functions duties paid upon materials and rebated U.S.C. 2672, to consider, ascertain, adjust, upon the exportation of the finished determine, settle, and pay claims for By virtue of the authority vested in products was added, to purchase price, money damages of $2,500 or less, for me by Reorganization Plan No. 26 of 1950 as provided by section 203 of the Anti­ injury, loss, or death, caused by the neg­ and 14 U.S.C. 631, there are transferred dumping Act. ligent or wrongful act or omission of any to the Commandant, U.S. Coast Guard, This determination and the statement employee of the bureau concerned; and the functions under section 654 (added of reasons therefor are published pur­ (b) The functions authorized by the by Pub. Law 86-159) of Chapter 17, Title suant to section 201(c) of the Anti­ Act of December 28, 1922, 42 "Stat. 1066, 14, U.S.C. relating to the sale of fuel, dumping Act, 1921, as amended (19 U.S.C. to consider, ascertain, adjust, and deter­ supplies, and services to public and com­ 160(c)). mine claims. mercial vessels and watercraft if such 2. To the Commandant, United States vessel or watercraft is unable (1) to pro­ [seal] A. G ilmore F lu es, Coast Guard: cure the fuel, supplies or services at its Acting Secretary o f the Treasury. (a) The functions authorized by 14 present location; and (2) to proceed to [FR . Doc. 59-9276; Plied, Nov. 2, 1959; U.S.C. 645, to consider, adjust, deter­ the nearest port where they may be 8:47 aJU.] mine, settle, and pay in an amount obtained without endangering the saf ety not in excess of $1,000, claims incident to of the ship, the health and comfort activities of the Coast Guard, and to of its personnel, or the safe condition prescribe regulations pertaining thereto; of the property carried aboard. DEPARTMENT OF THE INTERIOR (b) The functions authorized by 14 The Commandant may make provi­ Bureau of Indian Affairs U.S.C. 646, to consider, ascertain, adjust, sions for the performance by subordi­ compromise, settle, and pay claims for nates in the Coast Guard of the func­ [Order No. 566, Arndt. 7] damages caused by vessels in the Coast tions delegated herein. CERTAIN DESIGNATED OFFICIALS Guard service, and for compensation for towage and salvage services, where the Dated: October 28, 1959. Redelegation of Authority With Re­ settlement of any such claim does not [seal] A. Gilmore F lu es, spect to Contracts for Services of exceed $3,000; and Acting Secretary of the Treasury. Engineering and Architectural Firms (c) The functions authorized by 14 U.S.C. 647, to consider, ascertain, adjust, [FR . Doc. 59-9275; Filed, Nov. 2, 1959;. Order 566 (19 F.R. 3971), as amended determine, compromise, or settle claims 8:47 a.m.] (20 F.R. 2092, 5703; 21 F.R. 2290, 7460, for damage to property of the United 8219; 23 F.R. 5611), is further amended States, where the settlement of any such as hereinafter indicated. claim does not exceed $3,000. Paragraph (a) of section 1 is revised Hie authority herein delegated to the [AA 643.3] to read as follows: heads of bureaus and to the Comman­ ALUMINUM MILL PRODUCTS FROM S ection 1(a). Redelegation of author­ dant of the Coast Guard may be redele­ ITALY ity and designation of contracting offic­ gated by them to any officer or employee ers. The authority delegated to the of their respective bureaus. Determination of No Sales at Less Commissioner of Indian Affairs by the [ seal! F red C. Scribner, Jr. Than Fair^Value Secretary of the Interior by Order 2838 Acting Secretary of the Treasury. October 28, 1959. (24 F.R. 2661) to negotiate, without ad­ [F R . Doc. 59-9272; Filed w Nov, 2, 1959; A complaint was reéeived that alu­ vertising, in accordance with Title HI 8:47 a.m.] minum mill products such as sheets, of the Federal Property and Adminis­ plates, coils, and circles, imported from trative Services Act of 1949, as amended Italy, were being sold in the United (41 U.S.C. 251 et seq.) under section 302 States at less than fair value within the (c) (4) of that act, contracts for services [Order No. 167-39; (CGFR 59-45) 1 meaning of the Antidumping Act of 1921. of engineering and architectural firms COMMANDANT, U.S. COAST GUARD I hereby determine that aluminum mill and Order 2509, as amended, pertaining products from Italy are not being, nor Delegation of Functions to construction, supply and service con­ likely to be, sold in the United States tracts, irrespective of the amounts in­ By virtue of the authority vested in at less than fair value within the mean­ volved, is redelegated to each of the fol­ me by Reorganization Plan No. 26 of 1950 ing of section 201(a) of the Antidumping lowing officials or any one acting for and 14 U.S.C. 631, there are transferred Act, 1921, as amended (19 U.S.C. 160(a) ). them: The Deputy Commissioner; the to the Commandant, U.S. Coast Guard, Statement of reasons. The aluminum Assistant Commissioner, Administra­ the functions vested in the Secretary of mill products from Italy are purchased outright by the persons by whom or for tion; the Chief, Branch of Plant Design the Treasury by 10 U.S.C. 2481, as and Construction and Area Directors. amended by Public Law 86-156, pertain­ whose account the merchandise is im­ ing to the sale of certain utilities in the ported into the United States in arms- Each of those officials, or any one acting immediate vicinity of a Coast Guard ac- length negotiations. The quantity of for them, is also designated as and is Tuesday, November 3, 1959 FEDERAL REGISTER 8953

authorized to perform the duties of Con­ for examination at the office of the Re­ [Docket Nos. 13197, 13198; FCC 59M-1434] tracting Officer. gional Administrator. LAWRENCE W. FELT AND INTERNA­ G lenn L. E mmons, This hearing is scheduled under sec­ Commissioner. tions 307(a), 313(a) and 313(c), of the TIONAL GOOD MUSIC, INC. Federal Aviation Act of 1958 (72 Stat. October 28, 1859. 749, 752, and 753), and section 9(e) of Order Affirming Prehearing [P.R. Doc. 59-9267; Piled, Nov. 2, 1959; the Federal Airport Act (60 Stat. 173, as Conference 8:45 a.m.] amended). In re applications of Lawrence W. Felt, Issued in Washington, D.C., on Octo­ Carlsbad, California, Docket No. 13197, ber 30,1959. File No. BPH-2499; International Good FEDERAL AVIATION AGENCY J ames T. P y l e , Music, Inc., San Diego, California, Acting Administrator. Docket No. 13198, File No. BPH-2695; [Airspace and Airport Docket No. 59-WA-400] for construction permits. [F.R. Doc. 59-9319; Filed, Nov. 2, 1959; CITY OF TACOMA, WASHINGTON 8:49 a.m.] A prehearing conference had been originally scheduled for October 26,1959, Notice of Public Hearing but was canceled by order released Octo­ Notice is hereby given pursuant to Part ber 15. On the request of counsel for 409 (24 F.R. 3498) and Part 550 (24 F.R. FEDERAL COMMUNICATIONS applicant International, however, on October 19 it was rescheduled for No­ 7810) of the Regulations of the Adminis­ vember 17, 1959. trator that the Federal Aviation Agency COMMISSION will hold a public hearing for the pur­ [Docket No. 12194 etc.; FCC 59M-1421] The Hearing Examiner has just today poses hereinafter set forth. received a letter, dated October 12, 1959, The City of Tacoma, Washington, has AMERICAN TELEPHONE AND written by applicant Felt, asking that the requested funds under the Federal Air­ TELEGRAPH CO. prehearing conference of October 26 “be postponed for 30 days in order that my port Act (60 Stat. 173, as amended) for Order Scheduling Further Hearing the construction of a municipal airport attorney and engineer may have time to to serve scheduled air carriers and gen­ In the matter of American Telephone prepare their presentations." Since a eral aviation operations, at a site located and Telegraph Company, et al., Docket substantial extension has already been across The Narrows from Tacoma on the No. 12194 (11645 & 11646);1 charges, granted by the order rescheduling the Peninsula, Pierce County, Washington. classifications, regulations and practices conference to November 17, Felt’s re­ The geographical coordinates of this site for and in connection with channels for quest for a 30-day postponement from are approximately latitude 47°17'00" N. data transmission. October 26, which was written before but and longitude 122°34'00" W. - Pursuant to agreements reached in received by the Hearing Examiner after A public hearing will be held on De­ hearing conference on October 14, 1959, that order, may be dismissed. cember 2, 1959, at lOiOO a.m., local time, as shown by the transcript record, Vol­ Accordingly: It is ordered, This 28th at 3628 South 35th Street, Tacoma, ume D -3; day of October 1959, that Felt’s request Washington, for the purpose of assisting It is ordered, This 27th day of October for postponement in his letter dated Oc­ the Administrator in ascertaining facts 1959, that copies of proposed written tober 12, 1959, is dismissed, and the date testimony and exhibits to be offered in of November 17, 1959, for a prehearing relevant to the location of the proposed conference is affirmed. airport and assuring conformance with evidence by the respondents shall be plans and policies of the Administrator notified to the participating parties Released: October 29, 1959. for allocations of airspace in the Seattle- (GSA and Bureau) on or before January Tacoma Terminal area complex. 8, 1960, and that the further hearing F ederal Communications shall be commenced at 10:00 a.m. on Commission, Persons desiring to be heard are re­ [ seal] Mary J ane Morris, quested to notify the Regional Admin­ Tuesday, January 26, 1960. Secretary. istrator, Federal Aviation Agency, by Released: October 28, 1959. November 25, if possible, at 5651 Man­ [F.R. Doc. 59-9278; Filed, Nov. 2, 1959; chester Avenue, Post Office Box 90007, F ederal Communications 8:48 a.m.] Airport Station, Los Angeles 15, Califor­ Commission, nia. Mr. Charles W. Carmody, Chief, [ seal] Mary J ane M orris, Airspace Utilization Division, Bureau of Secretary. Air Traffic Management; and Mr. Paul [F.R. Doc. 59-9277; Filed, Nov. 2, 1959; [Docket No. 12068 etc.; FCC 59-1079] Morris, Deputy Chief, Airports Division, 8:48 a.m.] FLORENCE BROADCASTING CO., INC., Bureau of Facilities, are hereby desig­ ET AL. nated as presiding officers pursuant to 1 This proceeding technically continues to §§ 409.14 and 550.10, respectively, of the be part of the hearing upon the private line Order Designating Applications for Regulations of the Administrator, and matters involved in the consolidated Dockets 11645, 11646, and 12194. However, pursuant Consolidated Hearing on Stated sections 313 and 1004 of the Federal Issues Aviation Act of 1958. (72 Stat. 752 and to procedures specifically ordered by the 792.) Commission, the evidentiary hearings in Dockets 11645 and 11646 have been com­ In re applications of Florence Broad­ Interested persons may also submit pleted and the hearing record will soon be casting Company, Inc., Brownsville, written data, views or arguments, in lieu certified for Commission consideration as Tennessee, Requests: 940 kc, 250 w, Day, of, or in addition to, matter presented directed. Also, as the Commission has ex­ Docket No. 12068, File No. BP-10850; oraUy at the hearing. Such communi­ plicitly ordered, the hearing of additional Michigan Broadcasting Company cations should be submitted in triplicate evidence to complete the record in Docket (WBCK), Battle Creek, Michigan, Has: 12194 will be carried on as indicated in this 930 kc, 1 kw, DA-2, U, Requests : 930 kc, to the Regional Administrator, Los An­ order. For the purpose of preserving a dis­ geles, California. All relevant material tinction in this duality situation of over­ 1 kw, 5 kw-LS, DA-2, U, Docket No. Presented at the hearing or in written lapping hearing records, the caption of the 13222, File No. BP-11439; F. E. Lackey, communications received on or before further proceedings has been modified and Pierce E. Lackey and William Ellis Wil­ December 8, 1959, will be considered by will be henceforth utilized as here shown. son, d/b as Richmond Broadcasting Additionally, transcript volumes in this Company, Centerville, Indiana, Requests: the Administrator before action is taken phase of the proceeding (two were generated 930 kc, 500 w, DA-D, Docket No. 13223, on the issues involved herein. before consolidation) will bear the single File No. BP-11625; Charles H. Cham­ The official Docket will be available, caption of Docket No. 12194, and are to be berlain, Urbana, Ohio, Requests: 940 kc, or examination by interested persons serially numbered with a D prefix. It is 1 kw, Day, Docket No. 13224, File No. at the Docket Section, Federal Aviation finally to be noted that future documents BP-11736; Guilford Advertising, Inc. Agency, Room B-316, 1711 New York (e.g., orders and proposed findings) to be (WPET), Greensboro, North Carolina, Avenue NW„ Washington 25, D.C. An filed in the closed record proceedings will Has: 950 kc, 500 w, Day, Requests: 950 properly bear the entire caption of the con­ kc, 5 kw, DA-2, U, Docket No. 13225, File informal Docket will also be available solidated proceeding. No. 215------5 No. BP-11742; Mt. Vernon Radio and 8954 NOTICES

Television Company (W M IX), Mt. Ver­ 1 kw, DA-D, Docket No. 13245, File No. It further appearing, that, by letter non, Illinois, Has: 940 kc, 1 kw, Day, Re­ BP-12962; Continental Broadcasting dated August 19, 1959, BP-12724 was quests: 940 kc, 5 kw, DA-D, Docket No. Company, Cincinnati, Ohio, Requests: asked to submit pertinent measurement 13226, Pile No. BP-11829; Seven Locks 940 kc, 5 kw, DA-D, Docket No. 13246, data to establish whether 2 and 25 mv/m Broadcasting Company, Potomac-Cabin File No. BP-13088; contour overlap would occur with Station John, Maryland, Requests: 950 kc, 1 kw, Rossmoyne Corporation, Lebanon, WTCW, Whitesburg, Kentucky, but to DA-D, Docket No. 13227, File No. B P - Pennsylvania, Requests: 940 kc, 1 kw, D, date, the above data has not been sub­ 11877; M. M. Lawrence and Ruel O. Docket No. 13247, File No. BP-13110; mitted, although it is still required in Thomas, d/b as Lake Cumberland Broad­ Edwin R. Fischer, Newport News, Vir­ order to make the above determination; casting Company, Jamestown, Kentucky, ginia, Requests: 940 kc, 10 kw, D, Docket and Requests: 940 kc, 1 kw, Day, Docket No. No. 13248, File No. BP-13114; Clarence C. It further appearing, that, by amend­ 13228, Pile No. BP-12213; Moore, tr/as Fort Wayne Broadcasting ment filed September 8, 1959, Michigan Radio Virginia, Incorporated (WXGI), Company, Fort Wayne, Indiana, Re­ Broadcasting Company, BP-11439, dem­ Richmond, Virginia, Has: 950 kc, 1 kw, quests: 940 kc, 1 kw, DA-Day, Docket No. onstrated that no interference would be Day, Requests: 950 kc, 5 kw, Day, Docket 13249, File No. BP-13120; Charles R. caused to BP-11625 from its instant pro­ No. 13229, File No. BP-12228; Sam K a- Rudolph, Farley W. Warner, Richard S. posal; and min and James A. Howenstine, d/b as Cobb and Mary Cobb, d/b as Catons- It further appearing, that, in the Com­ Citizens Broadcasting Company, Lima, ville Broadcasting Company, Catonsville, mission’s letter of August 19, 1959, a Ohio, Requests: 940 kc, 250 w, DA-D, Maryland, Requests: 940 kc, 1 kw, question was raised as to whether the Docket No. 13230, File No. BP-12319; DA-Day, Docket No. 13250, File No. Wilson family retained any interest in Virginia-Kentucky Broadcasting Com­ BP-13150; Mary Cobb and Richard S. Station WOPI in contravention of § 3.35 pany, Incorporated (WNRG), Grundy, Cobb, d/b as Tenth District Broadcasting of the Commission rules, since James C. Virginia, Has: 1250 kc, 1 kw, Day, Re­ Co., McLean, Virginia,, Requests: 950 kc, Wilson is a shareholder in BP-12724 ; quests: 940 kc, 5 kw, Day, Docket No. 1 kw, DA-Day, Docket No. 13251, File No. that by amendment filed September 29, 13231, File No. BP-12326; J . B. Crawley, BP-13153; for construction permits. 1959, the applicant in BP-12724 contends R. L. Turner, W. B. Kelly and Dean At a session of the Federal Communi­ that the notes held by James C. Wilson Harden, d/b as Shelby Broadcasting cations Commission held at its offices do not constitute an ownership interest Company, Shelbyville, Kentucky, Re­ in Washington, D.C- on. the 21st day of in Station WOPI, however, should the quests: 940 kc, 250 w, Day, Docket No. October 1959; Commission deem it necessary that all 13232, File No. BP-12352; Richard M. The Commission having under consid­ connections with WOPI be severed, Mr.J Pomeroy and Bessie M. Pomeroy, d/b as eration the above-captioned and' de­ Wilson is willing to have the grant of Radio 940, South Haven, Michigan, Re­ scribed applications; BP-12724 conditioned upon the dispos­ quests: 940 kc, 1 kw, DA-D, Docket No. It appearing, that, except as indicated ing of his interest in the notes; that it 13233, File pro. BP-12373; William E. by the issues specified below, each of the is further contended that the notes held Benns, Jr., and Barbara Benns, d/b as applicants is legally, technically, finan­ by members of the Wilson family do not East Virginia Broadcasting Co., Smith- cially, and otherwise qualified to con­ constitute an ownership interest in field, Virginia, Requests: 940 kc, 10 kw, struct and operate its instant proposal WOPI; that the Commission has permit­ 50 kw-LS, D A -2, U, Docket No. 13234, with the exceptions that Florence Broad­ ted members of immediate families to File No. BP-12384; Robin H. Mathis, casting Company, Inc. (BP-10850); Tri- hold ownership interests simultaneously Ralph C. Mathis, Rad W. Mathis & Cities Radio Corporation (BP-12724); in broadcast facilities in the same city John B. Skelton, Jr., d/b as WCPC and Miami Valley Christian Broadcast­ and that therefore no question can exist Broadcasting Company (WCPC), Hous­ ing Association, Inc. (BP-12640) may not under § 3.35 of the rules as to the pro­ ton, Mississippi, Has: 1320 kc, 5 kw, be financially qualified; and priety of their holding notes against Day, Requests: 940 kc, 10 kw, DA-D, It further appearing, that, pursuant WOPI; but that the Commission is un­ Docket No. 13235, File No. BP-12420; to section 309(b) of the Communications able to make a determination in this Cape Fear Broadcasting Company Act of 1934, as amended, the Commis­ matter on the basis of the information (WFNC), Fayetteville, North Carolina, sion, in a letter dated August 19, 1959, before it and is of the opinion that it and incorporated herein by reference, is necessary to obtain complete informa­ Has: 1390 kc, 1 kw, 5 kw-LS, DA-2, tion in the evidentiary hearing ordered U, Requests: 940 kc, 1 kw, 10 kw-LS, notified the instant applicants, and any other known parties in interest, of the below to determine whether James C. DA-N, U, Docket No. 13236, File No. Wilson and members of his immediate BP-12485; grounds and reasons for the Commis­ W.L.K.Y., Inc., Lexington, Kentucky, sion’s inability to make a finding that a family retain any interest in Station grant of any one of the applications WOPI in view of the terms of the agree­ Requests: 940 kc, 1 kw, Day, Docket No. ments governing the transfer of control 13237, File No. BP-12498; Radio Asso­ would serve the public interest, conven­ ience, and necessity; and that a copy of WOPI by members of the Wilson ciates, Inc., Potomac, Maryland, Re­ family and to determine whether a grant quests: 950 kc, 1 kw, DA-D, Docket No. of the aforementioned letter is available for public inspection at the Commission’s of the application of the Tri-Cities Radio 13238, File No. BP-12587; Miami Valley Corporation would be in contravention Christian Broadcasting Association, In­ offices; and of § 3.35 of the Commission rules on mul­ corporated, Miamisburg, Ohio, Requests: It further appearing, that the appli­ 940 kc, 250 w, DA-D, Docket No. 13239, cants’ replies t& the aforementioned tiple ownership; and letter have not entirely eliminated the It further appearing, that by amend­ File No. BP-12640; Tri-Cities Radio Cor­ ment filed October 15, 1959, replying to poration, Bristol, Virginia, Requests: 940 grounds and reasons precluding a grant of any one of the applications herein the Commission’s letter of August 19, kc, 50 kw, DA-D, Docket No. 13240, File 1959, the applicant in BP-12640 sub­ No. BP-12724; Charles F. Trivette and and requiring an evidentiary hearing on the particular issues hereinafter speci­ mitted data purporting to show that it Herman G. Dotson, d/b as Western Ohio was financially qualified to construct and Broadcasting Co., Delphos, Ohio, Re­ fied; and quests: 940 kc, 250 w, Day, Docket No. It further appearing, that, by amend­ operate its proposed station, but that on ment filed September 21,1959, the appli­ the basis of the information filed it can­ 13241, File No. BP-12779; Raymond I. not be found that the applicant has Kandel and Gus Zaharis, Zanesville, cant in BP-12384, claims that it will not cause objectionable nighttime inter­ shown sufficient funds available to fi­ Ohio, Requests: 940 kc, 250 w, Day, nance the construction and early opera­ Docket No. 13242, File No. BP-12812; ference to the existing operation of Sta­ The Tidewater Broadcasting Company, tion WIPR, San Juan, Puerto Rieo, since tion of the proposed station since (1) the persons who have subscribed for the Incorporated, Smithfield, Virginia, Re­ WIPR is presently under considerable interference from a station located in bonds have not shown adequate avail­ quests: 940 kc, 10 kw, Day, Docket No. Haiti; but there has been no official able funds to fulfill their commitments 13243, File No. BP-12814; Greater Dis­ notification of the said Haitian opera­ to the applicant corporation;- (2) the trict Broadcasting Company, Takoma tion; and that, therefore, it appears, on two individuals, Corbin and Speece, who Park, Maryland, Requests: 940 kc, 10 kw, the basis of the information presently have agreed to lend $5,000 each to the ap­ DA-D, Docket No. 13244, File No. B P - available, that Station WIPR will receive plicant have secured loan commitments 12924; Caba Broadcasting Corporation, objectionable nighttime interference in order to obtain the cash needed but Baltimore, Maryland, Requests: 940 kc, from the proposal of BP-12384; and thé loan commitments appear to be hH Tuesday, November 3, 1959 FEDERAL REGISTER 8955

complete since Corbin does not show tected primary service area of any one and Miami Valley Christian Broadcast­ terms of repayment of his loan; and the of the instant proposals in contravention ing Association, Inc. (BP-12640), are fi­ agreement made by Speece in which his of § 3.28(c) (3) of the Commission rules nancially qualified to construct and loan was conditioned upon the furnish­ and, if so, whether circumstances exist operate their stations as proposed. ing to the Gem City Savings Association which would warrant a waiver of said 12. To determine whether the instant a good title to his property and that said section. propsals of Seven Locks Broadcasting commitment for the loan would only be 5. To determine whether the followingCompany (BP-11877), Radio Associates, good until December 1, 1959, is too in­ proposals would involve objectionable in­ Inc. (BP-12587), and Catonsville Broad­ definite to be considered a binding agree­ terference with the operations indicated casting Company (BP-13150) would ment; and, below, or any other existing standard serve what is a community within the It further appearing, that, by amend­ broadcast stations, and, if so, the nature meaning of section 307(b) of the Com­ ment filed September 29, 1959, replying and extent thereof,- the areas and popu­ munications Act of 1934, as amended. to the Commission’s letter of August 19, lations affected thereby, and the avail­ 13. To determine, in the light of sec­ 1959, the applicant in BP-12724 sub­ ability of other primary service to such tion 307(b) of the Communications Act mitted data purporting to show that it areas and populations: of 1934, as amended, which of the in­ was financially qualified but that on the Proposals and Existing Stations stant proposals would best provide a fair, basis of the information filed, it cannot efficient and equitable distribution of be found that the applicant has shown BP-10850 KXJK, Forrest City, Ark. radio service. BP-11625 WPFB, Middletown, Ohio. adequate funds available to finance the BP-11736 WWJ, Detroit, Mich. 14. To determine, on a comparative construction and early operation of its BP-11829 BP-11001, Cape Girardeau, Md, basis, in the event that Potomac, Mary­ proposed station since (1) the financial (Docket No. 12264). land or Smithfield, Virginia is, or are, se­ statement of James C. and Josephine BP-12213 WLIV, Livingston, Tenn. lected as having the greatest need pur­ Wilson does not appear to reflect suffi­ BP-12228 WPEN, Philadelphia, Pa.; WPET, suant to section 307(b) , which of the cient cash or liquid assets available to Greensboro, N.C. competing applicants for that city would fulfill their commitments to the appli­ BP-12352 WXLW, Indianapolis, Ind. better serve the public interest in the BP-12384 WXGiI, Richmond, Va.; WRRF, cant corporation; and (2) the letter from Washington, N.C.; WIPR, San light of the evidence adduced pursuant the equipment manufacturer indicates Juan, Puerto Rico. to the foregoing issues and the record the estimated cost of the station has in­ BP-12420 KXJK, Forrest City, Ark.; WSLI, made with respect to the significant dif­ creased whereas the application does not Jackson, Miss. ferences between the applicants as to: appear to show this change, nor does the BP-12724 WTCW, Whitesburg, Ky. (a) The background and experience of letter appear toi be a definite commit­ BP-12779 WWJ, Detroit, Mich. each having a bearing on the applicant’s BP-12812 WESA, Charleroi, Pa.; WGRP, ment for deferred credit but merely in­ Greenville, Pa. ability to own and operate its proposed formation showing terms available in the BP-12814 WXGI, Richmond, Va. station. purchase of equipment if and when credit BP-12924 WFMD, Frederick, Md. (b) The proposals of each of the ap­ has been approved ; and BP-12962 WPEN, Philadelphia, Pa. plicants with respect to the management It further appearing, that, after con­ BP-13110 WCNR, Bloomsburg, Pa.; WHYL, and operation of the proposed station. sideration of the foregoing and the ap­ Carlisle, Pa.; WPEN, Phila­ (c) The programming service pro­ plicants’ replies, the Commission is still delphia, Pa. posed in each of the said applications. BP-13114 WXGI, Richmond, Va. unable to make the statutory finding that BP-13120 WMIX, Mt. Vernon, 111.; WXLW, 15. To determine, in the light of the a grant of the applications would serve Indianapolis, Ind. evidence adduced pursuant to the fore­ the public interest, convenience, and ne­ BP-13150 WFMD, Frederipk, Md. going issues which, if any, of the instant cessity ; and is of the opinion that the ap­ BP-13153 WNCC, Barnesboro, Pa. applications should be granted.’ It is further ordered, That the follow­ plications must be designated for hear­ 6. To determine whether transmitter ing in a consolidated proceeding on the ing licensees of the stations indicated site proposed by Florence Broadcasting are made parties to the proceeding: issues specified below ; Company, Inc. (BP-10850) is satisfac­ It is ordered, That, pursuant to section tory with particular regard to any condi­ Forrest City Broadcasting Company. 309(b) of the Communications Act of tions that may exist in the vicinity of (KXJK, Forrest City, Ark.). 1934, as amended, the instant applica­ Mr. Paul F. Braden (WPFB, Middletown, the antenna system which would distort Ohio). tions are designated for hearing in a con­ the proposed antenna radiation pattern. solidated proceeding, at a time and place The Evening News Association (WWJ, 7. To determine whether overlap of Detroit, Mich.). to be specified in a subsequent order, the 2 mv/m and 25 mv/m contours would Hirsch Broadcasting Co. BP-11001 (KFVS, upon the following issues: occur between the instant proposal of Cape Girardeau, Mo.). 1. To determine the areas and popula­ BP-12724 and WTCW, Whitesburg, Ken­ Audie Broadcasters (WLIV, Livingston, tions which would receive new primary tucky, in contravention of § 3.37 of the Tenn.). service from each of the instant propos­ Commission rules and, if so, whether William Penn Broadcasting Co. (WPEN, als for a broadcast station, and the Philadelphia, Pa.). circumstances exist which would warrant Radio Indianapolis, Inc. (WXLW, Indian­ availability of other primary service to a waiver of said section. such areas and populations. apolis, Ind.). 8. To determine whether the antenna North Cambria Broadcasters, Inc. (WNCC, 2. To determine the areas and popula­ system proposed by WCPC Broadcasting Barnesboro, P a.). tions which may be expected to gain or Company (BP-12420), Continental Tar Heel Broadcasting System, Inc. lose primary service from each of the Broadcasting Company (BP-13088), (WRRF, Washington, N.C.). instant proposals for a change in the Catonsville Broadcasting Company (B P - Dept, of Education of Puerto Rico (WIPR, facilities of an existing broadcast sta­ 13150), and Guilford Advertising, Inc. San Juan, Puerto Rico). tion and the availability of other primary Capitol Broadcasting Company (WSLI, (BP-11742) would constitute a hazard to Jackson, Miss.). service to such areas and populations. air navigation. Folkways Broadcasting Company, Inc. 3. To determine the nature and extent 9. To determine the type and char­ (WTCW, Whitesburg, K y.). of the interference, if any, that each of acter of program service which would be Monongahela Valley Broadcasting Corp. the instant proposals would cause to and broadcast by Guilford Advertising, Inc., (WESA, Charleroi, Pa.). receive from each other and all other BP-11742 and whether the program serv­ Greenville Broadcasting Company (WGRP, existing standard broadcast stations, the ice would be in the public interest. Greenville, P a.). areas and populations affected thereby, The Monocacy Broadcasting Co. (WFMD, 10. To determine whether a grant of Frederick, Md.). and the availability of other primary the instant proposal of Tri-Cities Radio Columbia-Montpur Broadcasting Corp. service to the areas and populations in­ Corporation (BP-12724) would be in (WCNR, Blooms burg, Pa.). volved in the interference between'thè contravention of the provisions of § 3.35 Richard F. Lewis, Jr., Inc., of Carlisle Proposals. (a) of the Commission rules with respect (WHYL, Carlisle, Pa.). 4. To determine whether the interfer­ to multiple ownership of standard broad­ ence received from any of the other pro­ It is further ordered, That, the follow­ cast stations. ing licensees who are applicants in the posals herein and any existing stations 11. To determine whether Florence instant proceeding are made parties would affect more than ten percent of Broadcasting Company, Inc. (BP-10850), thereto with respect to their existing the population within the normally pro­ Tri-Cities Radio Corporation (BP-12724) operations : 8956 NOTICES [Docket Nos. 13213, 13214; FCC 59M-1430] ) Guilford Advertising, Inc. (W PET), Greens­ 13229, 13230, 13231, 13232, 13233, 13234, boro, North Carolina. 13235, 13236, 13237, 13238, 13239, 13240, MOUNT WILSON FM BROADCASTERS, \ Mt. Vernon Radio & Television Company 13241, 13242, 13243, 13244, 13245, 13246, INC. AND FREDDOT, LTD. (KITT) (WMLX), Mt. Vernon, Illinois. 13247, 13248, 13249, 13250, 13251, File \ Radio Virginia, Incorporated (W XGI), No. BP-10850; for construction permits. Order for Prehearing Conference Richmond, Virginia. It is ordered, This 28th day of October [ It is further ordered, That, in the event 1959, that Elizabeth C. Smith will preside In re application of Mount Wilson FM of a grant of the proposal of Guilford at the hearing in the above-entitled pro­ Broadcasters, Inc. (KBCA), Los Angeles, Advertising, Inc. (BP-11742), the con­ ceeding which is hereby scheduled to California, Docket No. 13213, File No.- struction permit shall contain a Condi­ commence on February 15, 1960, in BPH-2705; Freddot, Ltd. (KITT), San tion that the permittee must submit cur­ Washington, D.C. Diego, California, Docket No. 13214, File No. BMPH-5593; for construction per­ rent distribution measurement data to Released: October 29,1959. establish that the electrical height of mits (FM facilities). the antenna towers has been achieved F ederal C ommunications A prehearing conference in the above- by top loading as proposed. Commission, entitled proceeding will be held on Tues­ It is further ordered, That, in the event [ seal] M ary J ane Morris, day, November 10, 1959, beginning at of a grant of BP-12384, the construction Secretary. 10:00 a.m. in the offices of the Commis­ sion, Washington, D.C. This conference permit shall contain a condition that the [F.R. Doc. 59-9280; Filed, Nov. 2, 1959; permittee shall submit, prior to program 8:48 a.m.] is called pursuant to the provisions of test authorization, satisfactory measure­ § 1.111 of the Commission’s rules and the ment data pursuant to the provisions of matters to be considered are those speci­ §§ 3.48 and 3.524 of the Commission fied in that section of the rules. It is so ordered, This the 28th day of rules. [Docket Nos. 12619,12620; FCC 59M-1422] October 1959. It is further ordered, That, in the event GRAVES COUNTY BROADCASTING of a grant of BP-12724, the construction Released: October 28,1959. permit shall contain a condition that CO., INC. A N D MUHLENBURG F ederal Communications type approved frequency and modula­ BROADCASTING CO. (WNES) C ommission, tion monitors be installed. Order Scheduling Hearing [seal] Mary J ane Morris, It is further ordered, That, in the event Secretary. of a grant of BP-11829, the construction In re applications of Graves County permit shall contain a condition that the Broadcasting Company, Inc., Providence, [FH . Doc. 59-9283; Filed, Nov. 2, 1959; permittee has agreed and therefore will Kentucky, Docket No. 12619, File No. B P - 8:48 a.m.] accept any interference which may re­ 11577; Muhlenburg Broadcasting Com­ sult from a subsequent grant of either pany (WNES), Central City, Kentucky, BP-11685, BP-11875, or BP-12530, all in Docket No. 12620, File No. BP-11731; for Granite City, Illinois. construction permits. [Docket No. 13254; FCC 59M-1425] It is further ordered, That to avail On the Examiner’s own motion: It is SANTA ROSA BROADCASTING CO. themselves of the opportunity to be ordered, This 27th day of October 1959, heard, the instant applicants and parties that the hearing in the above-entitled Order Scheduling Hearing respondent herein pursuant to § 1.140 proceeding presently continued without In re application of Santa Rosa Broad­ of the Commission rules, in person or by date, is hereby scheduled to be held on casting Company, Santa Rosa, Cali­ attorney, shall, within 20 days of the November 23, 1959, at ,9:45 a.m., in the fornia, Docket ~ No. 13254, File No. mailing of this order, file with the Com­ offices of the Commission, Washington, BP-11573; for construction permit. mission, in triplicate, a written appear­ D.C. It is ordered, This 27th day of October ance stating an intention to appear on Released: October 28,1959. 1959, that Herbert Sharfman will pre­ the date fixed for the hearing and pre­ side at the hearing in the above-entitled sent evidence on the issues specified in F ederal Communications proceeding which is hereby scheduled to this order. Commission, commence on January 4, 1960, in Wash­ [ seal] Mary J ane Morris, It is further ordered, That, the issues ington, D.C. in the above-captioned proceeding may Secretary. be enlarged by the Examiner, on his own Released: October 28,1959. [F.R. Doc. 59-9281; Filed, Nov. 2, 1959; motion or on petition properly filed by 8:48 a.m.] F ederal- Communications a party to the proceeding, and upon suf­ Commission, ficient allegations of fact in support [seal] Mary J ane Morris, thereof, by the addition of the following Secretary. issue: To determine whether the funds [Docket No. 13253; FCC 59M-1427] available to the applicant will give rea­ [F.R. Doc. 59-9284; Filed, Nov. 2, 1959; sonable assurance that the proposals set MADISON BROADCASTERS 8:48 a.m.] forth in the application will be effectu­ Order Scheduling Hearing ated. Released: October 28, 1959. In re' application of John W. Ecklin [Docket No. 13089 etc.; FCC 59M-1424] and James C. Grisham d/b as Madison F ederal Communications Broadcasters, Madison, South Dakota, TIFFIN BROADCASTING CO. Commission, Docket No. 13253, File No. BP-12222; Order Scheduling Further Prehearing [ seal] M ary J ane Morris, for construction permit. Conference and Continuing Hear­ Secretary. It is ordered, This 27th day of October [F.R. Doc. 59-9279; Filed, Nov. 2, 1959; 1959, that Charles J. Frederick will pre­ ing ^ 8:48 a.m.] side at the hearing in the above-entitled In re applications of William E. proceeding which is hereby scheduled to Benns, Jr., & Barbara Benns, d/b as commence on January 4, 1960, in Wash­ Tiffin Broadcasting Company, Tiffin. ington, D.C. Ohio, et al., Docket Nos. 13089, 13090, [Docket No. 12068 etc.; FCC 59M-1435] Released: October 28, 1959. 13091, 13092, 13093, 13094, 13095, 13096, FLORENCE BROADCASTING CO., INC. 13097, 13098, 13099, 13100, 13101, 13102, F ederal Communications 13103, 13104, 13105, 13106, 13107, 13108, Order Scheduling Hearing Commission, 13109, 13110, 13111, 13112, 13113, 13114, [ seal] Mary J ane M orris, 13115, 13116, 13117, 13118, 13119, 13120, In re applications of Florence Broad­ Secretary. 13121, 13122, 13123, 13124, 13125, 13126, casting Company, Inc., Brownsville, Ten­ [F.R. Doc. 59-9282; Filed, Nov. 2, 1959; 13127, 13129, 13130, 13131, 13132, 13133, nessee, et al., Docket Nos. 12068, 13222, 13134, 13135, 13136, 13137, 13138, 13139, 13223, 13224, 13225, 13226, 13227, 13228, 8:48 a.m.] Tuesday, November 3, 1959 FEDERAL REGISTER 8957

13140, 13141, 13142, 13143, 13144, 13145, commence on January 7,1960, in Wash­ baker-Packard Corporation, Common 13146, 13147, Pile No. BP-11392; for ington, D.C. Stock “When Issued”, File No. 7-2037. construction permits. Released: October 28, 1959. The above named stock exchange, pur­ It is ordered, This 27th day of October suant to section 12(f) (2) of the. Securi­ 1959, that the following dates shall F ederal C ommunications ties Exchange Act of 1934 and Rule 12f-l apply for the exchange of engineering C ommission, promulgated thereunder, has made ap­ data and for further prehearing confer­ [ seal] M ary J ane M orris, plication for unlisted trading privileges ences by groups: Secretary. in the specified security, which is listed [F.R. Doc. 59—9286; Piled, Nov. 2, 1959; and registered on the New York Stock Further pre- 8:48 a.m.] Exchange. Exchange date hearing con­ Upon receipt of a request, on or before ference November 13, 1959, from any interested person, the Commission will determine Nov. 25,1959 Dec. 9,1959 Dec. 18,1959 Jan. 11,1960 whether to set the matter down for hear­ Jan. 4,1960 Jan. 18,1960 ing. Such request should state briefly Jan. 11,1960 Jan. 25,1960 Jan. 18,1960 Feb. 1,1960 the nature of the interest of the person Jan. 25,1960 Feb. 8,1960 [Pile No. 7-2036] making the request and the position he Feb. 1,1960 Feb. 15,1960 proposes to take at the hearing. In ad­ STUDEBAKER-PACKARD CORP. dition, any interested person may submit and Notice of Application for Unlisted his views or any additional facts bearing It is further ordered, That the parties on this application by means of a letter may, if they desire, limit their service Trading Privileges, and of Oppor­ addressed to the Secretary of the Securi­ of the exchange of engineering data to tunity for Hearing ties and Exchange Commission, Wash­ the particular group in which they are October 28, 1959. ington 25, D.& If no one requests a associated, to “connecting” parties- to hearing on this matter, this application In the matter of application by the will be determined by order of the Com­ the groups in which they are involved, Boston Stock Exchange for unlisted and to respondents connected to their mission on the basis of the facts stated trading privileges in Studebaker-Packard in the application and other information groups, provided that if any party to this Corporation, Common Stock “When proceeding requests service of such engi­ contained in the official file of the Com­ Issued”, File No. 7-2036. mission pertaining to the matter. neering data from any other party to The above named stock exchange, pur­ the proceeding, irrespective of-grouping, suant to section 12(f) (2) of the Securi­ By the Commission. the requesting party may receive the ties Exchange Act of 1934 and Rule 12f-l same by making his request to the sup­ [ seal] Orval L . DuB ois, promulgated thereunder, lias made ap­ Secretary. plier at least twenty (20) days prior to plication for unlisted trading privileges the exchange date (set forth above) for in the specified security, which is listed [F.R. Doc. 59-9262; Piled, Nov. 2, 1959; the exchange .concerning the particular and registered on the New York Stock 8:46 a.m.] group in question; Exchange. It is further ordered, That the engi­ Upon receipt of a request, on or before neering data should be as nearly in ex­ November 13, 1959, from any interested [Pile No. 7-2038] hibit form as possible (pursuant to dis­ person, the Commission will determine cussions in the prehearing conferences whether to set the matter down for hear­ STUDEBAKER-PACKARD CORP. already held) and that the engineering ing. Such request should state briefly data shall cover all technical matters the nature of the interest of the person Notice of Application for Unlisted with which the applicant finds himself making the request and the position he Trading Privileges, and of Oppor­ concerned under the Commission’s order proposes to take at the hearing. In tunity for Hearing of designation; addition, any interested person may sub­ It is further ordered, That the hearing mit his views or any additional facts October 28, 1959. in this matter now scheduled to com­ bearing on this application by means of In the matter of application by the mence on November 23,1959, is continued a letter addressed to the Secretary of the Pacific Coast Stock Exchange for un­ to a further date or dates to be deter­ Securities and Exchange Commission, listed trading privileges in Studebaker- mined at the above-mentioned prehear­ Washington 25, D.C. If no one requests Packard Corporation, Common Stock ing conferences. a hearing on this matter, this application “When Issued”, File No. 7-2038. Released: October 28,1959. ' will be determined by order of the Com­ The above named stock exchange, pur­ mission on the basis of the facts stated suant to section 12(f) (2) of the Securi­ F ederal Communications in the application and other information ties Exchange Act of 1934 and Rule 12f-l Commission, contained in the official file of the Com­ promulgated thereunder, has made ap­ [ se a l ] M ary J ane M orris, mission pertaining to the matter. plication for unlisted trading privileges Secretary. in the specified security, which is listed By the Commission. [Pit. Doc. 59-9285; Piled, Nov. 2, 1959; and registered on the New York Stock 8:48 a.m.] [SEAL] ORVAL L. DUBOIS, Exchange. Secretary. Upon receipt of a request, on or before November 13, 1959, from any interested [FT R. Doc. 59-9261; Piled, Nov. 2, 1959; person, the Commission will determine 8:46 a.m.] [Docket No. 13252; FCC 59M-1426] whether to set the matter down for hear­ ing. Such request should state briefly TRI-STATE BROADCASTING CO. the nature of the interest of the person (WGTA) making the request and the position he [File No. 7-2037] Order Scheduling Hearing proposes to take at the hearing. In ad­ STUDEBAKER-PACKARD CORP. dition, any interested person may submit !n re application of Tri-State Broad­ his views or any additional facts bearing casting Company (WGTA), Summerville, Notice of Application for Unlisted on this application by means of a letter Georgia, Docket No. 13252, File No. B P - Trading Privileges, and, of Oppor­ addressed to the Secretary of the Securi­ 12296; for construction permit. tunity for Hearing ties and Exchange Commission, Wash­ It is ordered, This 27th day of October ington 25, D.C. If no one requests a October 28, 1959. hearing on this matter, this application 1959, that Annie Neal Huntting will pre- In the matter of application by the will be determined by order of the Com­ sMe at the hearing in the above-entitled Philadelphia-Baltimore Stock Exchange mission on the basis of the facts stated Proceeding which is hereby scheduled to for unlisted trading privileges in Stude- in the application and other information 8958 NOTICES Harriet Shirt Corp., Inc., Êxmore, Va.; ef­ contained in the official file of the Com­ deceptive or manipulative acts or prac­ fective 11-1-59 to 10-31-60 (boys’ shirts). mission pertaining to the matter. tices, this order to be effective for a Harrisburg Children’s Dress Co., 1380 How- ; period of ten (10) days, October 29,1959 aid Street, Harrisburg, Pa.; effective 10-26-59 By the Commission. to November 7, 1959, inclusive. to 10-25-60 (children’s and girls’ dresses and [ se a l] O rval L. DuBois, By the Commission. playsuits). Secretary. Heavy Duty Manufacturing Co., Gaines- [se a l ] O rval L. DtrBois, boro, Tenn.; effective 10—26—59 to 10-25—60 [F.R. Doc. 59-9263; Filed, Nov. 2, 1959; Secretary. (men’s and boys’ sport shirts). 8:46 a.m.] Hicks-Hayward Co., Del Rio, Texas; effec­ [F.R. Doc. 59-9264; Filed, Nov. 2, 1959; tive 10-21-59 to 10-20-60 (men’s and boys’ j 8:46 a.m.] work clothing). Knickerbocker Manufacturing Co., West ’ [File No. 1-2645] Point, Miss.; effective 10—31—59 to 10-30-60 (men’s woven sleepwear). F. L. JACOBS CO. DEPARTMENT OF LABOR Luverne Slacks^.Co., Luverne, Ala.; effective 10-19-59 to 10-18-60 (men’s and boys’ ! Order Summarily Suspending Trading Wage and Hour Division slacks). Milam Manufacturing Co., Tupelo, Miss.; O ctober 28, 1959. LEARNER EMPLOYMENT effective 10-19-59 to 10-18-60 (children’s In the matter of trading on the New CERTIFICATES garments). York Stock Exchange and the Detroit Monticello Manufacturing Co., Inc., Mon- Stock Exchange in the $1.00 par value Issuance to Various Industries ticello, Ky.; effective 10-19-59 to 5-7-60 (re­ common stock of F. L. Jacobs Co., File Notice is hereby given that pursuant placement certificate) (men’s and ladies’ sport shirts). No. 1-2645. to section 14 of the Fair Labor Standards Nettleton Garment Co., Nettleton, Miss.; ; I. The common stock; $1.00 par value, Act of 1938 (52 Stat. 1060, as amended, effective 10-27-59 to 10-26-60 (men’s and of F. L. Jacobs Co. is registered on the 29 U.S.C. 201 et seq.), the regulations boys’ cotton work pants). New York Stock Exchange and admitted on employment of learners (29 CFR Part Reliance Manufacturing Co., Factory No. to unlisted trading privileges on the De­ 522), and Administrative Order No. 485 40, Water Valley, Miss.; effective 10-15-59 to troit Stock Exchange, national securi­ (23 F.R. 200), the firms listed in this 10-14r-60. (men’s and boys’ work pants). ties exchanges, and notice have been issued special certifi­ Selro Manufacturing Co., Washington II. The Commission on February 11, Street Extended, Rear 115 Race Street, 113 cates authorizing the employment of Gay Street, Cambridge, Md.; effective 1959, issued its order and notice of hear­ learners at hourly wage rates lower than 10- 15-59 to 4-19-60 (replacement certificate) ing under section 19(a) (2) of the Securi­ the minimum wage rates otherwise ap­ (women’s sportswear). ties Exchange Act of 1934 to determine plicable under section 6 of the Act. The Tom and Huck Togs, Inc., Amory, Miss.; at a hearing beginning March 16, 1959 effective and expiration dates, occupa­ effective 10-15-59 to 10-14-60 (men’s and whether it is necessary or appropriate for tions, wage rates, number or proportion boys’ slacks). the protection of investors to suspend of learners, learning periods, and the Trend Trousers, Inc., LaCrosse, Ind.; effec­ for a period not exceeding twelve principal product manufactured by the tive 10-14-59 to 10-13-60 (men’s dress months, or to withdraw, the registration slacks). employer for certificates issued under Trend Trousers, Inc., 512 Railroad Avenue, of the capital stock of F. L. Jacobs Co. general learner regulations (§§ 522.1 to North Judson, Ind.; effective 10-14-59 to on the New York Stock Exchange and 522.11) are as indicated below. Condi­ 10-13-60 (men’s dress slacks). Detroit Stock Exchange for failure to tions provided in certificates issued under Vesta Corset Co;, Inc., McGraw, N.Y.; ef­ comply with section 13 of the Act and special industry regulations are as estab­ fective 10-19-59 to 10-18-60 (women’s cor­ the rules and regulations thereunder. lished in these regulations. sets, etc.). On October 16, 1959, the Commission Apparel Industry Learner Regulations Washington Overall Manufacturing Co., Inc., South Court and Maple Streets, Scotts- issued its order summarily suspending (29 CFR 522.1 to 522.11, as amended,'and trading of said securities on the ex­ ville, Ky.; effective 10-26-59 to 10-25-60 29 CFR 522.20 to 522.24, as amended). (men’s and boys’ trousers). changes pursuant to section 19(a)(4) The following learner certificates were of the Act for the reasons set forth in issued authorizing the employment of ten The following learner certificates were said order to prevent fraudulent, decep­ percent of the total number of factory issued for plant expansion purposes. tive or manipulative acts or practices production workers for normal labor The effective and expiration dates and for a period of ten days ending October turnover purposes. The effective and the number of learners authorized are 28, 1959. expiration dates are indicated. indicated. Ill; The Commission being of the Blue Bell, Inc., Red Bay, Ala.; effective opinion that the public interest requires Blue Bell, Inc., Coalgate, Okla.; effective 10-16-59 to 10-15-60 (men’s and boys’ work 10-14-59 to 1-14-60; 30 learners (supple­ the summary suspension of trading in pants and dungarees). mental certificate) (men’s and boys’- work such security on the New York Stock Blue Ridge Shirt Manufacturing Co., Inc., and sport trousers). Exchange and Detroit Stock Exchange Fayetteville, Tenn.; effective 10-25-59 to 10- Carl-Lee Trouser Co., Inc., Brilliant, Ala.; and that such action is necessary and 24—60 (men’s and boys’ sport shirts). effective 10-16-59 to 4r-15-60; 10 learners appropriate for the protection of in­ ' Carbondale Children’s Dress Co., 30 Sev­ (men’s and boys’dress slacks). enth Avenue, Carbondale, Pa.; effective 10— Harmony Manufacturing Co., Inc., Har­ vestors; and mony, N.C.; effective 10-13-59 to 4-12-60; 40 The Commission being of the further 26-59 to 10-25-60 (children’s and girls’ dresses and playsuits). learners (women’s apparel, men’s shirts). ■ opinion that such suspension is neces­ The Carthage Corp., Carthage, Miss.; ef­ Landress-Smith Corp., Hoschton, Ga.; ef­ sary in order to prevent fraudulent, de­ fective 11-1-59 to 10-31-60 (men’s pants). fective 10-19-59 to 4-18-60; 50 learners ceptive or manipulative acts or practices, Cordele Uniform Co., 621 Eleventh Avenue (men’s slacks). trading iri the stock of F. L. Jacobs Co. East, Cordele, Ga.; effective 10-16-59 to 10- Monticello Manufacturing Co., Inc., Mon­ will be unlawful under section 15(c) (2) 15-60; workers engaged in the production of ticello, Ky.; effective 10-19-59 to 4r-18-60; 30 of the Securities Exchange Act of 1934 men’s washable service apparel. learners (men’s and ladies’ sport shirts). and the Commission’s Rule 240.15c2-2 Cordele Uniform Co., 621 Eleventh Avenue, Reidbord Brothers Co., Livingston Street, (17 CFR 240.15c2-2) thereunder for any East, Cordele, Ga.; effective 10—16—59 to 10— Elkins, W. Va.; effective 10-16-59 to 2-29-60; broker or dealer to make use of the mails 15-60; workers engaged in the production of 35 learners (men’s work shirts and trousers). women’s washable service apparel. Henry I. Siegel Co., Inc., South Fulton, or of any means or instrumentality of Decherd-Franklin Co., Inc., Decherd, Tenn.; effective 10—13—59 to 12—14—59; 60 interstate commerce to effect any trans­ Tenn.; effective 10-15-59 to 10-14-60 (men’s learners (supplemental certificate) (mens action in, or to induce or attempt to in­ single slacks). and boys’ single pants). duce the purchase or sale of such Elberton Manufacturing Co., Elberton, security, otherwise than on a national Ga.; effective 10-16-59 to 10-15-60 (women’s Glove Industry Learner Regulations securities exchange. blouses). .. . (29 CFR 522.1 to 522.11, as amended, and It is ordered, Pursuant to section 19 The Erno Shirt Co., Inc., 1010 South Pres­ 29 CFR 522.60 to 522.66, as amended). (a) (4) of the Securities Exchange Act ton Street, Louisville, Ky.; effective 10-19-59 of 1934 that trading in said security on to 10-18-60 (men’s shirts and sport shirts). Lambert Manufacturing Co„ KirksvWe> the New York Stock Exchange and De­ Glenn Manufacturing Co., Inc., Amory, Mo.; effective 10-17-59 to 10-16-60; 10 learn­ troit Stock Exchange be summarily sus­ Miss.; effective 10-15-59 to 10-14-60 (men’s ers for normal labor turnover purposes (cot­ pended in order to prevent fraudulent, pants). ton and leather palm work gloves). Tuesday, November 3, 1959 FEDERAL REGISTER 8959 Hosiery Industry Learner Regulations Regulations. Any person aggrieved by (29 CFR 522.1 to 522.11, as amended, and the issuance of any of these certificates INTERSTATE COMMERCE 29 CFR 522.40 to 522.44, as amended). may seek a review or reconsideration Charles H. Bacon Co., Inc., Loudon, Tenn.; thereof within fifteen days after publi­ COMMISSION effective 10-17-59 to 10-16-60; five percent of cation of this notice in the F ederal R eg­ the total number of factory production work­ ister pursuant to the provisions of 29 FOURTH SECTION APPLICATIONS ers for normal labor turnover purposes CFR 522.9. (seamless and full-fashioned). . FOR RELIEF Craftsmen Finishers, Inc., 108 Buffalo Signed at Washington, D.C., this 21st • O ctober 29, 1959. Street, Concord, N.C.; effective 10-20-59 to day of October 1959. 4-19-60; 15 learners for plant expansion Protests to the granting of an appli­ purposes (full-fashioned and seamless). R obert G. G ronewald, cation must be prepared in accordance Mary Grey Hosiery Mills, Bristol, Va.; ef­ Authorized Representative with Rule 40 of the general rules of prac­ fective 10—31—59 to 10—30—60; five percent of of the Administrator. tice (49 CFR 1.40) and filed within 15 the total number of factory production [F.R. Doc. 59-9260; Filed, Nov. 2, 1959; days-from the date of publication of this workers for normal labor turnover purposes notice in the F ederal R egister. (seamless and full-fashioned). 8:46 a.m.J Kayser Roth Hosiery Co., Concord Full L ong-and-S hort H aul Fashioned Knitting, Concord Seamless Knit­ ting and Concord Finishing Divs., Concord, FSA No. 35794: Sand—Southwestern N.C.; effective 10-31-59 to 10-30-60; five per­ DEPARTMENT OF JUSTICE points to northern and eastern points. cent of the total number of factory produc­ Filed by Southwestern Freight Bureau, tion workers for normal labor turnover Office of Alien Property Agent, (No. B-7672), for interested rail purposes (full-fashioned and seamless). ARNOLD STOLL carriers. Rates on sand, carloads, as The Wilma Hosiery Mill, Inc., Spruce Pine, described in the application from speci­ N.C.; effective 10-19-59 to 4-18-60; 15 Notice of Intention To Return Vested fied points in Arkansas, Missouri, Okla­ learners for plant expansion purposes (seamless). Property homa, and Texas to Crown Point, Ind., Harrison, N.J., and Nelsonville, Ohio. Wyatt Knitting Co., 1006 Goldsboro Av­ Pursuant to section 32/f ) of the Trad­ enue, Sanford, N.C.; effective 10-15-59 to Grounds for relief: Short-line distance 10-14-60; 5 learners for normal labor turn­ ing With the Enemy Act, as amended, formula. over purposes (full-fashioned and seamless). notice is hereby given of intention to Tariff: Supplement 30 to Southwestern return, on or after 30 days from the date Freight Bureau, Agent, tariff I.C.C. 4319. Knitted Wear Industry Learner Regu­ of publication hereof, the following prop­ lations (29 CFR 522.1 to 522.11, as FSA No. 35795: Liquefied petroleum erty, subject to any increase or decrease gas between points in Texas. Filed by amended, and 29 CFR 522.30 to 522.35, resulting from the administration there­ as amended). Texas-Louisiana Freight Bureau, Agent of prior to return, and after adequate (No. 367), for interested rail carriers. Brookfield Mills, Inc., 202 North Elm Av­ provision for taxes and conservatory Rates on liquefied petroleum gas, tank- enue, Sanford, Fla.; effective 10-13-59 to expenses: 4-12-60; 15 learners for plant expansion pur- car loads between points in Texas over poses. Learners may not be engaged at Claimant, Claim No., Property, and Location interstate routes through adjoining special minimum wage rates in the produc­ Arnold Stoll, Berne, Switzerland; Claim states. tion of separate skirts (ladies’ sportswear). No. 61228; $537.00 in the Treasury of the Grounds for relief: Short-line distance Carolina Underwear Co., Inc., Forsyth Divi­ United States. Vesting Order No. 17903. formula and maintenance of different sion, Thomasville, N.C.; effective 10-21-59 to bases of rates from or to points in other 4-20-60; 15 learners for plant expansion pur­ Executed at Washington, D.C., on states. poses (children’s and ladies’ panties). October 28,1959. Knickerbocker Manufacturing Co., West Tariff: Supplement 41 to Texas-Louisi­ Point, Miss.; effective 10-31-59 to 10-30-60; For the Attorney General. ana Freight Bureau, Agent, tariff I.C.C. 890. five percent of the total number of factory [ seal] P aul V. M yron, production workers engaged in the manufac­ By the Commission. ture of men’s woven underwear for normal Deputy Director, labor turnover purposes. Office of Alien Property. [ seal] H arold D. M cCo y, Roanoke Mills, Inc., 505 Sixth Street, SW„ [FJl. Doc. 59-9265; Filed, Nov. 2, 1959; Secretary. Roanoke, Va.; effective 10-13-59 to 10-12-60; 8:46 a.m.] five percent of the total number of factory [F.R. Doc. 59-9258; Filed, Nov. 2, 1959; production workers for normal labor turn­ 8:46 a.m.] over purposes (sportswear, underwear, etc.). Van Raalte Co., Inc., Maple Street, Middle- PANKOS OPERATING CO., S.A. bury, Vt.; effective 10-31-59 to 10^30-60; five percent of the total number of factory pro­ Notice of Intention To Return Vested [Notice 214] duction workers for normal labor turnover purposes (women’s underwear and night­ Property MOTOR CARRIER TRANSFER wear). Pursuant to section 32(f) of the Trad­ PROCEEDINGS ing With the Enemy Act, as amended, Regulations Applicable to the Employ­ . O ctober 29, 1959. ment of Learners (29 CFR 522.1 to 522.11, notice is hereby given of intention to re­ Synopses of orders entered pursuant as amended). turn, on or after 30 days from the date of to section 212(b) of the Interstate Com­ Monarch-Comer Co., Comer, Ga.; effective publication hereof, the following prop­ merce Act, and rules and regulations 10-19—59 to 4—18—60; five learners for normal erty, subject to any increase or decrease prescribed thereunder (49 CFR Part labor turnover purposes in the occupations resulting from the administration there­ of sewing machine operating and final press­ 179), appéar below: of prior to return, and after adequate As provided in the Commission’s spe­ ing each for a learning period of 480 hours at provision for taxes and conservatory the rates of not less than 90 cents an hour expenses: cial rules of practice any interested per- for the first 280 hours and not less than 95 s6n may file a petition seeking recon­ cents an hour for the remaining 200 hours Claimant, Claim No., Property^and Location sideration of the following numbered (coats and jackets). Pankos Operating Company, S.A., Göteborg, proceedings within 20 days from the date Each learner certificate has been is­ Sweden; Claim No. 59803; $450.00 in the of publication of this notice. Pursuant sued upon the representations of the Treasury of the United States. Vesting Order to section 17(8) of the Interstate Com­ employer which, among other things, No. 17673. merce Act, the filing of such a petition were that employment of learners at Executed at Washington, D.C., on will postpone the effective date of the subminimum rates is necessary in order October 26,1959. order in that proceeding pending its dis­ *° Prevent curtailment of opportunities m For the Attorney General. position. The matters relied upon by for employment, and that experienced j petitioners must be specified in their Workers for the learner occupations are •i f , [ seal] " D allas S. T ownsend, petitions with particularity. Hot available. The certificates may be -.-.y“ Assistant Attorney General, No. MC-FC 62477. By order of Octo­ annulled or withdrawn, as indicated Director, Office of Alien Property. ber 27, 1959, the Transfer Board ap­ ge/ein, in the manner provided in Part [F.R. Doc. 59-9226; Filed, Oct. 30, 1959; proved the transfer to Nelson Trucking, 28 of Title 29 of the Code of Federal 8:46 a.m.] Inc., Burket, Ind., of Certificates in Nos. 8960 NOTICES ing business as Garnett 'i’ruck Line, Gar­ westem Freight Bureau, Agent (B-7669), MC 93035, MC 93035 Sub 9, and MC 93035 for interested rail carriers. Rates on Sub 10, issued August 6, 1946, May 10, nett, Kansas, of Certificate in No. MC 7127, issued July 19, 1951, to Francis petroleum and petroleum products, as 1948, and November 14, 1950, respec­ described in the application, in tank cars, tively, to Denzel Nelson, doing business Holmes and Thomas Holmes, a partner­ ship, doing business as Holmes Bros., straight or mixed carloads from Kansas as Nelson Trucking Company, Burket, City, Mo.-Kans., to specified points in Ind., authorizing the transportation of: Garnett, Kansas, authorizing the trans­ portation of: General commodities, ex­ Iowa and Missouri. Various named commodities of a general Grounds for relief: Motor truck com­ commodity nature, 'between specified cluding household goods, and other points in Illinois, Indiana, Kentucky^ specified commodities, between Garnett, petition. Kans., and Kansas City, Mo., and from Tariffs: Supplement 29 to Southwest­ 'Michigan, Missouri, New York, Ohid, ern Freight Bureau, Agent, tarff I.C.C. Pennsylvania, and Wisconsin. William Kansas City, Mo., to Garnett, Kans.; twine, parts for agricultural implements 4113. Supplemeht 99 to Southwestern J. Guenther, 1511-14 Fletcher Trust Freight Bureau, Agent, tariff I.C.C. 4279. Building, Indianapolis 4, Indiana, for and grease in containers from Kansas City, Mo., to Richmohd, Kans.; feed, FSA No. 35791: Chemicals—Baton applicants. Rouge and Reserve, La., to southern ter­ No. MC-FC 62478. By order of Octo­ agricultural implements and wire from Kansas City, Mo., to Williamsburg, ritory. Filed by O. W. South, Jr. (SFA ber 26, 1959, the Transfer Board ap­ No. A3857), Agent, for interested rail proved the transfer to Robert F. Han­ Kans.; livestock between Harris, Kans., and Kansas City, Mo.; general commodi­ carriers. Rates on benzene, toluene, and sen, doing business as Hansen Trucking, xylene, tank-car loads from Baton Lovell, Wyo., of Certificate No. MC ties from Kansas City, Mo., to Harris, Kans.; livestock, agricultural commodi­ Rouge and Reserve, La., and points 107452 issued January 22, 1948, in the grouped with and taking same rates to name of Clarence R. Mangus, Lovell, ties and farm machinery from Garnett, _ Kans., and points within 15 miles of Gar­ destinations in southern territory and Wyo., authorizing the transportation of points grouped with named destinations livestock, feeds, and seeds, over irregu­ nett, to Kansas City, Kans., and Kansas lar routes, between Billings, Mont., and City, Mo.; and livestock, fertilizer, feed, as taking same rates. agricultural commodities, lumber, farm Grounds for relief: Market competi­ points in Montana within 50 miles there­ tion with New Orleans, La. of, on the one hand, and, on- the other, machinery and parts from Kansas City, Mo., and Kansas City, Kans., to Garnett, Tariff: Supplement 6 to Southern Lovell, Wyo., and points within 50 miles Freight Association, Agent, tariff I.C.C. thereof, except those in Park County, Kans., and points within 15 miles of Garnett. C—72, and later amendment thereto. Wyo. Robert F. Hansen, P.O. Box 362, FSA No. 35792: Substituted service— Lovell, Wyo., for transferee and Clarence No. MC-FC 62652. By order of Octo­ ber 27,1959, the Transfer Board approved C&NW Ry. for Allied Van Lines, Inc. R. Mangus, Lovell, Wyo., for transferor. Filed by Household Goods Carriers’ Bu­ No. MC-FC 62492. By order of Octo­ the transfer to Jim Tiona, Jr., Butler, Mo., of Certificate in No. MC 118535, reau, Agent (No. 18), for interested car­ ber 27, 1959, the Transfer Board ap­ riers. Rates on property loaded in high­ proved the transfer to W. E. Zink, Jr., issued September 4, 1959, to Homer. J. Henke, doing business as Henke Truck way trailers and transported on railroad Knob Noster, Mo., of Certificate in No. flat cars between Chicago, 111., on the one MC 999, issued May 10, 1937, to W. E. Line, Falls City, Nebr., authorizing the transportation of: Dry fertilizer, dry hand, and Council Bluffs, Iowa, or St. 7.ink, doing business as Zink Truck Paul, Minn., on the other, on traffic origi­ Service, Knob Noster, Mo., authorizing fertilizer materials, feed grade urea com­ pounds and technical grade urea, from nating at or destined to points in the the transportation of: commodities gen­ territories described in the application. erally, except those of unusual value, Pryor, Okla., to points in Kansas and Nebraska; and substituted Jim Tiona, Jr., Grounds for relief: Motor truck com­ between Knob Noster, Mo., and Kansas petition. City, Kans. for Homer J. Henke, doing business as Henke Truck Line, in MC 118535 Sub 2. Supplement 1 to Household Goods Car­ }i No. MC-FC 62550. By order of Octo­ riers’ Bureau, Agent, tariff MF-I.C.C. ber 26, 1959, the Transfer Board ap­ C. A. Ross, 1005 Trust Building, Lincoln 8, Nebr. No. 91. proved the transfer to Richard A. Bang- FSA No. 35793: Substituted service— sund, Downey, California, of Certificate [ seal] Harold D. M cCo y , Illinois Central R.R. for H. & W. Motor in No. MC 106906, issued February 2, Secretary. Express. Filed by Middlewest Motor 1950, to Ray Cox, doing business as Pan­ [F. R. Doc. 59-9259; Filed, Nov. 2, 1959; Freight Bureau, Agent (No. 198), for handle Transfer Co., Amarillo, Texas, 8:46 a.m.] interested carriers. Rates on property authorizing the transportation of: loaded in trailers ahd transported on Household goods between points in Gray, railroad flat cars between Chicago, 111., Hutchinson, Hemphill, Carson and and Dubuque, Iowa, on traffic originating Wheeler Counties, Tex., on the one hand, FOURTH SECTION APPLICATIONS at or destined to points in territories and, on the other, points in New Mexico; FOR RELIEF described in the application. between points in Hemphill, Carson, and Wheeler Counties, Tex., on the one hand, October 28, 1959. Grounds for relief: Motor truck com­ and, on the other, points in Oklahoma Protests to the granting of an appli­ petition. and Kansas; and between points in Gray, cation must be prepared in accordance Tariff: Supplement 114 to Middlewest and Hutchinson Counties, Texas, on the with Rule 40 of the general rules of Motor Freight Bureau, Agent, tariff one hand, and, on the other, points in practice (49 CFR 1.40) and filed within MF-I.C.C. 223. 15 days from the date of publication of Oklahoma and Kansas. Sterling E. Kin­ By the Commission. ney, 630 Amarillo Building, Amarillo, this notice in the F ederal R egister. Texas. L ong- and-S hort H aul [ seal] Harold D. M cC o y, No. MC-FC 62635. By order of Octo­ Secretary. ber 27, 1959, the Transfer Board ap­ FSA No. 35790: Petroleum and Prod­ proved the transfer to Thomas Holmes ucts—Kansas City, Mo.-Kans., to Iowa [F.R. Doc. 59-9228; Filed, Oct. 30, 1959; and Donald Couture, a partnership, do­ and Missouri points. Filed by South- 8:46 a.m.]