» t i T t t D â l V i FEDERALÜ®ISTE 1 9 3 4 ^ VOLUME 19 \ NUMBER «4

Washington, Friday, April 30, 1954

Sec. CONTENTS TITLE 5— -ADMINISTRATIVE 729.552 Report and misuse of marketing PERSONNEL card. Agricultural Marketing Service Pa6® MARKETING OR OTHER DISPOSITION OF PEANUTS Chapter l~—Civil Service Commission Proposed rule making: AND PENALTIES Milk handling in New York met­ P art 6— E x c e p t io n s P r o m t h e 729.553 Extent to which marketings from ropolitan marketing area____ 2521 C o m p e t it iv e S ervice a farm are subject to penalty. Rules and regulations: 729.554 Identification of marketings. Milk handling in marketing DEPARTMENT OF THE AIR FORCE 729.555 Rate of penalty. areas: In Federal Register Document 54-3158, 729.556 Persons to pay penalty. New York metropolitan______2512 subparagraph (3) of § 6.307 (a) was er­ 729.557 Marketing subject to penalty. 729.558 Payment of penalty. Tri-State______2513 roneously revoked. Effective upon pub­ 729.559 Use of agreement to permit mar­ Agricultural Research Service lication in the F ederal R eg ister , sub- ketings from overplanted farms. Rules ancLregulations: paragraph (3) of § 6.307 (a) is amended 729.560 Request for refund of -penalty. Meat inspection; miscellaneous to read as follows: RECORDS AND REPORTS amendments______2515 § 6.307 Department of the Air Force— 729.561 Producer’s records and reports. Vesicular exanthema; changes (a) Office of the Secretary. * * * 729.562 Records and reports of buyers and in areas quarantined------2516 (3) The General Counsel. others. Agriculture Department (R. S. 1753, sec. 2, 22 Stat. 403; 5 XT. S. C. 631, 729.563 Record and report of peanuts shelled See Agricultural Marketing Serv­ 633; E. O. 10440, 18 F. R. 1823, 3 CFR 1953 for producers. 729.564 Separate records and reports from ice; Agricultural Research Serv- 6upp.) persons engaged in more than one ice; Commodity Stabilization U n it e d S tates C i v i l S erv­ business. Service. ic e C o m m is s io n , 729.565 Failure to keep records or make re­ Civil Aeronautics Administra­ [ seal] W m . C. H u l l , ports. Executive Assistant. 729.566 Examination of records and reports. tion 729.567 Length of time records and reports Repair station certificates; pene­ [F. R. Doc. 54-3226; Filed, Apr. 29, 1954; to be kept. 8:49 a. m.] trant type inspection procedure MISCELLANEOUS ( see Civil Aeronautics Board). 729.568 Information confidential. Civil Aeronautics Board TITLE 7— AGRICULTURE 729.569 Redelegation of authority. Rules and regulations: Repair station certificates; pen­ Chapter VII— Commodity Stabiliza­ A u th o r ity: 5§ 729.540 to 729.569 issued under sec. 375, 52 Stat. 66, as amended; etrant type inspection proce­ tion Service (Farm Marketing 7 U. S. C. 1375. Interpret or apply secs. 301, dure______2519 Quotas), Department of Agriculture 858, 359, 361-368, 372, 373, 374, 376, 388, 52 Civil Service Commission Stat. 38, 62, 63, 64, 65, 66, 68, as amended; [1026 (Peanuts 54)-1] Rules and regulations: 55 Stat. 88, as amended, 66 Stat. 27; 7 U. S. C. Competitive service, exceptions P a r t 729—P e a n u t s 1301, 1358, 1359, 1361-1368; 1372, 1373, 1374, 1376, 1388. from; Air Force Department- 2505 MARKETING QUOTA REGULATIONS FOR 1954 GENERAL Commerce Department CROP § 729.540 Basis and purpose. The See Civil Aeronautics Board; Fed­ GENERAL regulations contained in §§ 729.540 to eral Maritime Board. Sec. Commodity Stabilization Service 729.540 Basis and purpose. 729.569 are issued pursuant to the Agri­ 729.541 Definitions. cultural Adjustment Act of 1938, as Rules and regulations: 729.542 Instructions and- forms. amended, and govern the determination Peanuts; marketing quota reg­ 729.543 Extent of calculations and rule of of farm peanut acreages, the issuance of ulations for 1954 crop_____ .— 2505 fractions. marketing cards, the identification of Defense Department identification a n d measurement o f f a r m s peanuts, the collection and refund of Notices: penalties, and the records and reports 729.544 Identification of farms. Assistant Secretary of Defense 729.545 Measurement of farms. incident thereto, on the marketing of for Property and Installa­ peanuts of the 1954 crop, regardless of tions; delegation of authority FARM MARKETING QUOTAS AND MARKETING whether such peanuts are marketed with respect to application of CARDS before, during, or after the 1954-55 mar­ • certain statutory limitations 729.546 Amount of farm marketing quota. keting year. Prior to preparing the reg­ on unit costs for certain con­ 729.547 Marketing quotas not transferable. ulations in §§ 729.540 to 729.569, public struction______2522 729.548 Issuance of marketing cards. notice of their formulation was pub­ 729.549 Person authorized to issue cards. Secretaries of Army, Navy, and lished in the F ederal R egister (19 F. R. 729.550 Successors in interest. Air Force; expiration of cer­ 729.551 Invalid marketing card. (Continued on p. 2507) tain delegations of authority. 2522 2505

t 2506 RULES AND REGULATIONS

CONTENTS— Continued CONTENTS— Continued Federal Communications Com­ Page Interstate Commerce Commis- Pas® FEDERALÄREGISTER mission-— Continued sion— Continued 1934 cflT Notices— Continued Notices—Continued Hearings, etc.—Continued Applications for relief—Con. Straits Broadcasting Co. and Merchandise in mixed car­ loads from St. Louis, Mo., Published daily, except Sundays, Mondays, Midwestern Broadcasting and days following official Federal holidays, Co______2523 and East St. Louis, 111., to by the Federal Register Division, National White Radio Co. et al______,» 2523 Gulfport and Hattiesburg, Archives and Records Service, General Serv­ Proposed rule making: Miss______—______2527 ices Administration, pursuant to the au­ Coast and ship stations operat­ Petroleum products: thority contained in the Federal Register ing on frequencies not open to From Jacksonville to Mel­ Act, approved July 26, 1935 (49 Stat. 500, as public correspondence; eligi­ bourne, Fla______2528 amended; 44 U. S. C., ch. 8B), under regula­ bility for licenses______2522 Low grade, between points tions prescribed by the Administrative Com­ in Texas______,____— 2525 mittee of the Federal Register, approved by Federal Maritime Board the President. Distribution is made only by Notices: Soda ash from Detroit and the Superintendent of Documents, Govern­ Pacific Far East Line, Inc.; Wyandotte, Mich., and ment Printing Office, Washington 25, D. C. application______2522 Painesville and Perry, Ohio, The regulatory material appearing herein to Lexington, K y______2526 is keyed to the Code of Federal Regulations, Federal Power Commission Tire and tube material from which is published, under 50 titles, pursuant Notices: southern to official territo­ to section 11 of the Federal Register Act, as Utah Power & Light Co. ; appli­ ries______2528 amended August 5, 1953. cation for amendment of The F ederal R egister will be furnished by Tires, rubber, from Memphis, mail to subscribers, free of postage, for $1.50 license______;______2523 Term., to Center Line, per month or $15.00 per year, payable in Federal Trade Commission Mich______2528 advance. The charge for individual copies Rules and regulations: Woodpulp from Doctortown (minimum 15tf) varies in proportion to the Cleaning and dyeing industry and Jessup, Ga., to western size of the issue. Remit check or money trunk-line territory__ 2526 order, made payable to the Superintendent (Pennsylvania and adjoining of Documents, directly to the Government territory) ; rescission of trade Justice Department Printing Office, Washington 25, D. C. practice rules—______2519 See Immigration and Naturaliza­ There are no restrictions on the republica­ Housing and Home Finance tion Service. tion of material appearing in the F ederal R eg iste r. Agency Land M anagement Bureau Rules and regulations: Notices: Time for disposition of Lanham Arkansas; proposed withdrawal Act housing; exceptions______2519 and reservation of lands_____ 2525 CFR SUPPLEMENTS Immigration and Naturaliza­ Maritime Administration See Federal Maritime Board. (For use during 1954) tion Service Rules and regulations: Securities and Exchange Com­ The following Supplement is now immigration and nationality mission available: regulations; miscellaneous Notices: amendments------2514 Title 17 ($0.50) Delaware Power & Light Co.; Indian Affairs Bureau issuance and sale of principal Previously announced: Title 3, 1953 Supp. Rules and regulations: amount of first mortgage and _($1.50); Title 8 ($0.35); Titles 10-13 Osage Tribe, election of officers collateral trust bonds at com- _ ($0.50); Title 16 ($1.00); Title 18 ($0.45); of; miscellaneous amend­ petitive bidding______2523 2519 Titles 2 2-23 ($1.00); Title 24 ($0.75); ments______:______Treasury Department Title 25 ($0.45); Titles 30-31 ($1.00); Interior Department Rules and regulations: Title 33 ($1.25); Titles 4 0-42 ($0.50); See also Land Management Bu­ Deposit of public moneys and Titles 4 4-45 ($0.75); Title 49: Parts 1 reau. paym ent of Government to 70 ($0.60); Parts 71 to 90 ($0.65); Rules and regulations: checks; miscellaneous amend­ Parts 91 to 164 ($0.45); Parts 165 to Records and testimony; charges: ments______2520 end ($0.60) General rules.______2521 Specific rates______2521 CODIFICATION GUIDE Order from Interstate Commerce Commis­ A numerical list of the parts of the Code . Superintendent of Documents, Government sion of Federal Regulations affected by documents Printing Office, Washington 25, D. C. Notices: published in this issue. Proposed rules, as Applications for relief : opposed to final action, axe identified as Aluminum billets, etc., from such. ^ CONTENTS— Continued Chalmette and New Or­ Title 5 Pas® - . N leans, La., to Cincinnati, Chapter I: Defense Department— Con. Pa&e Columbus, and Heath, Part 6______'______2505 Notices— Continued Ohio______-__ ;_____ 2527 Barite (barytes) from Mis­ Title 7 Secretaries of the Military De­ Chapter VII: partments; delegation of au­ souri and Arkansas to Louisiana and Texas—____ 2526 Part 729______2505 thority to enter into certain Chapter IX : agreements with claimants— 2523 Bituminous fine coal from Clinton and Linton to ' Part 927— ______2512 Proposed rules______— 2521 Federal Communications Com­ Noblesville and Davin, Ind_ 2527 Part 972______i- 2513 mission Carbon tetrachloride and Notices; other chemicals from Mich­ Title 8 Change lists for radio stations: igan and West Virginia to Chapter I: •, Cuban (2 documents)______- 2524 trunk-line and New Eng­ Part 245______2514 M exican ______2525 land territories______2526 Part 248______2514 Hearings, etc.: Caustic soda from Baton Part 249___■_*.___ 2515 Carthage Broadcasting Co___ 2524 Rouge and North Baton Part 292______2515 Seaton Publishing Co. and Rouge, La., to Jacksonville ' Part 341______2515 Strand Amusement Co____ 2524 and Tuscola, 111______2527 Part 481______2515 Friday, A p ril 30, 1954 FEDERAL REGISTER 2507

CODIFICATION GUIDE— Con. governing the selection and functions of will not be picked or threshed either be­ Agriculture Stabilization and Conserva­ fore or after marketing from the farm: Provided, however, That: Title 9 Page tion county and community committees. (2) “ County committee” means the (1) The farm peanut acreage shall be Chapter I: considered equal to the farm allotment Parts 1-29------;— ------2516 persons elected within a county as the county committee, pursuant to the reg­ on a farm for which such allotment Part 40______2515 equals or exceeds one acre, if the acreage Part 76______2516 ulations governing the selection and functions of Agricultural Stabilization in excess of the farm allotment from Title 14 and Conservation county and community which peanuts are picked or threshed is Chapter I: committees. not greater than one-tenth acre or three Part 52______2519 (3) “State committee” means the per­ percent of the farm allotment; whichever Title 16 sons designated in a State by the Secre­ is larger; Chapter I: tary as the Agricultural Stabilization and (2) The farm peanut acreage shall be Part 100______— ------2519 Conservation State committee. considered equal to one acre on a farm (e) “ County office manager” meansfor which the farm allotment is equal to Title 24 the person employed by the county com­ or less than one acre and the acreage Subtitle A: mittee to execute the policies of the from which peanuts are picked or Part 1___------2519 • county committee and be responsible for threshed does not exceed 1.1 acres; but Title 25 the day-to-day operation of the county the provisions of this subparagraph and Chapter I: ASC office, or the person acting in such of subparagraph (1) of this paragraph Part 18------2519 capacity. shall not apply unless a quantity of pea­ nuts equal to the county office manager’s Title 31 (f ) “Deputy administrator” means the Deputy Administrator for Production estimate of the production from the Chapter H : Adjustment or the Acting Deputy Admin­ acreage in excess of the larger of the Part 2 0 2 „______2520 istrator for Production Adjustment, farm allotment, or one acre, is disposed Title 43 Commodity Stabilization Service, United of on the farm in a manner approved by Subtitle A: States Department of Agriculture. the county committee so that the pea­ Part 2 (2 documents)------2521 (g) “Director” means the Director, or nuts cannot thereafter be used or mar­ Title 47 the Acting Director of the Oils and Pea­ keted as peanuts: Provided, further, Chapter I: nut Division, Commodity Stabilization That the maximum acreage limit pre­ Part 7 (proposed)______2522 Service, United States Department of scribed in this subparagraph or subpara­ Part 8 (proposed)______2522 Agriculture. graph (1) of this paragraph shall not be (h) “Excess acreage” means the acre­ applicable if the State committee con­ age by which the farm peanut acreage curs in the findings and recommenda­ 1489) in accordance with the Admin­ exceeds the farm allotment but there will tions of the county committee that the istrative Procedure Act (5 U. S. C. 1003). be no excess acreage if the farm peanut unusual circumstances from which the Views and recommendations received in acreage is one acre or less. excess resulted are such that the maxi­ response to such notice have been duly (i) “Excess peanuts” means peanuts mum limitation should not apply. considered within the limits prescribed in excess of the farm marketing quota (m) “Farmers stock peanuts” means by the Agricultural Adjustment Act of determined pursuant to § 729.546. picked or threshed peanuts produced in 1938. (j) “Farm” means all adjacent or the continental United States during the § 729.541 Definitions. As used in nearby farmland under the same owner­ calendar year 1954 which have not been §§ 729.540 to 729.569 and in all instruc­ ship which is operated by one person, shelled, crushed, cleaned (except for re­ tions, forms, and documents in connec­ including also: moval of foreign material)- or otherwise tion therewith, the words and phrases (1) Any other adjacent or nearby, changed from the state in which picked defined in this section shall have the farmland which the county committee, or threshed peanuts are customarily meanings herein assigned to them unless in accordance with instructions issued marketed by producers. the context or subject matter otherwise by the Deputy Administrator, determines (n) “Market” mean to dispose of pea­ requires. is operated by the same person as part nuts, including farmers stock peanuts, (a) “Act” means the Agricultural Ad­ of the same unit with respect to the shelled peanuts, cleaned peanuts, or pea­ justment Act of 1938, as amended. rotation of crops and with work-stock, nuts in processed form by voluntary or (b) “Areas” means: farm machinery, and labor substantially involuntary sale, barter, or exchange, or (1) The Southeastern Area consisting separate from that for any other lands; by gift inter vivos. Delivery of peanuts of the States of Alabama, Georgia, Mis­ and by a producer to a cooperative association sissippi, Florida, and that part,of South (2) Any field-rented tract (whether of peanut producers for marketing shall Carolina south and west of the Santee- operated by the same or another person) constitute a marketing. The terms Congaree-Broad Rivers. which, together with any other land in­ “marketed”, “marketing”, and, “for mar­ (2) The Southwestern Area consisting cluded in the farm, constitutes a unit ket” shall have corresponding meanings of the States of Arizona, Arkansas, Cali­ with respect to the rotation of crops. to the term “market” in the connection in which they are used. The terms “ bar­ fornia, Louisiana, New Mexico, Okla­ A farm shall be regarded as located in homa, and Texas. ter” and “ exchange” shall include the the county in which the principal dwell­ payment by the producer of any quan­ (3) The Virginia-Carolina Area con­ ing is situated, or if there is no dwelling sisting of the States of Missouri, North tity of peanuts for the harvesting, pick­ thereon, it shall be regarded as located ing, threshing, cleaning, crushing, or Carolina, Tennessee, Virginia, and that in the county in which the major por­ part of South Carolina north and east shelling of peanuts, or for any other tion of the farm is located. service rendered to him by anyone. of the Santee-Congaree-Broad Rivers. (k) “Farm allotment” means the farm (c) “ Buyer” means a person who: (o) “Marketing card” : (1) “Excess peanut acreage allotment for the 1954 penalty card” means MQ-77—Peanuts (1) Buys or otherwise acquires any crop of peanuts established pursuant to (1954) or MQ-77-VC—Peanuts (1954), peanuts from a producer; §§ 729.510 to 729.530 of the marketing 1954 Peanut Excess Penalty Marketing (2 ) -Buys or otherwise acquires farm­ quota regulations for the 1954 crop of Card. MQ-77 will be issued for farms in ers stock peanuts from any person; or peanuts (18 F. R. 6372). the Southeastern area and in the South­ (3) Markets, as a commission mer­ (l) “Farm peanut acreage” means the western area. MQ-77-VC will be issued chant, broker, or cooperative any peanuts acreage on the farm planted to peanuts for farms in the Virginia-Carolina area. for the account of a producer and who in 1954 as determined in accordance with These cards will be issued for farms for is responsible to the producer for the instructions issued by the Deputy Ad­ amount received for the peanuts. ministrator, less any such acreage with which it is determined that the farm (d) Committees: (1) “ Community respect to which it is established by the peanut acreage is in excess of the larger committee” means the persons elected operator or otherwise to the satisfaction of the farm allotment or one acre. A within a community as the community of the county office manager that the en­ portion of each lot of peanuts identified committee, pursuant to the regulations tire production therefrom has not and by an excess penalty card is subject to 2508 RULES AND REGULATIONS the marketing penalty prescribed in (2) Form MQ-94—Peanuts (1954), percent excess for a farm having any § 729.555 at the time the peanuts are which may be used by buyers in the excess acreage shall be one-tenth of one marketed. Southeastern ajad Southwestern areas to percent. (2) “Within quota card” means M Q-record and report data with respect to (c) The converted penalty rate shall 76—-Peanuts (1954) or MQ-76-VC—Pea­ purchases of peanuts identified by either be expressed in tenths o f a cent and nuts (1954), 1954 Peanut Within Quota a within quota or an excess penalty card fractions of less than a tenth of a cent Marketing Card. MQ-76 will be issued if the peanuts have been inspected by the shall be dropped, except that the mini­ for farms in the Southeastern area and Federal-State Inspection Service. mum converted penalty rate for a farm in the Southwestern area. MQ-76-VC (3) Form, MQ-76-A-VC—Pean u ts having any excess acreage shall be one- will be issued for farms in the Virginia- (1954), ten copies of which are attached tenth of a cent. Carolina area. These cards will be is­ to each Form MQ-76-VC. This form (d) The amount of penalty with re­ sued for farms for which it is determined may be used by buyers to record and re­ spect to any lot of peanuts, or the amount that the farm peanut acreage is not in port data with respect to purchases of of damages due Commodity Credit Cor­ excess of the larger of the farm allot­ peanuts identified by Form MQ-76-VC. poration under an agreement made pur­ ment or one acre. A within quota card (4) Form MQ-77-A-VC—P e a n u t s suant to § 729.559, shall be expressed as authorizes the marketing of all peanuts (1954), ten copies of which are attached dollars and in whole cents. Fractions of produced on the farm without payment to each Form MQ-77-VC. -This form less than a cent shall be dropped. at the time of marketing of the penalty may be used by buyers to record and re­ (e) The quantity of peanuts marketed, prescribed in § 729.555. port data with respect to purchases of the farm marketing quota, and the nor­ (p) “Marketing year” means the 1954- peanuts identified by Form MQ-77-VC. mal and actual yield per acre, shall be 55 marketing year beginning August 1, (5) Any other form furnished by the expressed in whole pounds. Fractions 1954, and ending July 31, 1955. buyer for recording and reporting pur­ of less than a pound shall be dropped. (q) “Offices” : (1) “ County ASC of­ chases of peanuts, provided (i) the State IDENTIFICATION AND MEASUREMENT OF fices” means the office of the Agri­ committee determines that the use of FARMS cultural Stabilization and Conservation forms other than those enumerated in county committee. subparagraphs (1) through (4) of this § 729.544 Identification of farms. (2) “State ASC office” means the of­paragraph will not operate to reduce ef­ Each farm as operated for the 1954 crop fice of the Agricultural Stabilization and fective administration of the program in of peanuts shall be identified by a farm Conservation State committee. the State and (ii) the form proposed for serial number and all records pertaining (r) “ Operator” means the person who use by the buyer is approved by the to marketing quotas for the 1954 crop Is in charge of the supervision and con­ State Administrative Officer of each of peanuts shall be identified by the farm duct of the farming operations on the State in which the buyer will purchase serial number. entire farm. 1954 crop peanuts as being consecutively § 729.545 Measurement of farms. (s) “Peanuts” means all peanuts pro­ numbered and containing the necessary The peanut acreage on farms shall be duced, excluding any peanuts which were language and spaces for recording and measured to determine compliance with not picked or threshed either before or reporting the same information as that farm allotments in acordance with in­ after marketing from the farm. re q u ired by Form MQ-93—Peanuts structions issued by the Deputy Admin­ (t) “Person” means an individual, (1952) for purchases of farmers stock istrator. partnership, association, farmers coop­ peanuts. erative association, corporation, firm, (y) “ Secretary” means the Secretary FARM MARKETING QUOTAS AND MARKETING joint-stock company, estate or trust, or or the Acting Secretary of the United CARDS . other business enterprise or other legal States Department of Agriculture. § 729.546 Amount of farm marketing entity, and whenever applicable, a State, (z) “ State administrative officer” quota, (a) The farm marketing quota a political subdivision of a (State, or any means the person employed by the State for a farm having no excess acreage shall agency thereof. committee to execute the policies .of the be the actual production of peanuts on (u) “Pound” means that quantity of State committee and be* responsible for the farm peanut acreage. farmers stock peandts equal to one the day-to-day operations of the State (b) The farm marketing quota for a pound standard weight. I f peanuts have ASC office, or the person acting in such farm having excess acreage shall be a been graded at the time of marketing, the capacity. quantity of peanuts equal to the actual poundage shall be the weight thereof (aa) “Yields”:- (1) “Normal yield” yield multiplied by the farm allotment. excluding foreign material and excess means the normal yield per acre for § 729.547 Marketing quotas not trans­ moisture. I f shelled peanuts are mar­ the farm as determined under § 729.521 ferable. Farm marketing quotas are not keted, the poundage thereof shall be or § 729.523, whichever is applicable, of transferable in whole or in part from converted to the weight of farmers stock the marketing quota regulations for the peanuts by multiplying the number of 1954 crop o f peanuts (18 F. R. 6372). one farm to another farm and peanuts pounds of shelled peanuts hy 1.5 and the (2) “Actual yield” means the actual produced on one farm shall not be mar­ keted on a marketing card issued with result shall be the number of pounds of yield per acre for the farm obtained by respect to another farm. I f any amount peanuts considered as marketed under dividing the farm peanut acreage into this part. the total production of peanuts for the of peanuts produced on one farm is falsely identified by a representation (v) “Producer” means a person who, farm. as landlord, tenant, or sharecropper is that such peanuts were produced on an­ entitled to share in the peanuts produced § 729.542 Instructions and forms. other farm, the allotment next estab­ on the farm or in the proceeds thereof. The Director shall cause to be prepared lished for each such farm shall be and issued such forms as are necessary (w) “Quota peanuts” means peanuts reduced as provided in I 729.524 of the and shall cause to be prepared such in­ which are within the amount of the farm Marketing Quota Regulations for the structions as are necessary for carrying 1954 Crop of Peanuts (18 F. R. 6372). marketing quota determined pursuant to out the regulations in this part. The § 729.546. forms and instructions shall be approved § 729.548 Issuance of marketing (x) “ Sales memorandum” means: by, and the instructions shall be issued cards, (a) A marketing card shall be (1) Form MQ-93—Peanuts (1952), by, the Deputy Administrator. issued to the operator of each farm, hav­ Which may be used (i) by buyers to ing 1954 crop peanuts for use by any record and report data with respect to § 729.543 Extent of calculations and producer for marketing his share of the purchases of peanuts identified by both rule of fractions, (a) The farm peanut peanuts produced on the farm. If the within quota and excess penalty cards, acreage shall be expressed in tenths of county office manager finds that it will (ii) to record and report data with re­ an acre and fractions of less than one- serve a useful purpose, additional mar­ spect to purchases of peanuts that are tenth of an acre shall be dropped. keting cards may be issued in the name not identified by a marketing card, and (b) The percentage of excess peanuts of the operator and delivered to other (iii) by shellers to record and report data for a farm, hereinafter referred to as with respect to peanuts shelled for pro­ the “percent excess”, shall be expressed producers on the farm or the marketing ducers in instances where all of the in tenths of a percent and fractions of card may be issued in the name of the shelled peanuts are returned to the pro­ less than one-tenth of a percent shall operator and one or more producers on ducer. be dropped, except that the minimum the farm. Friday, April 30, 1954 FEDERAL REGISTER 2509

(b) I f the county committee deter­ the issuing officer as written by him or (c) I f the disposition of peanuts pro­ mines that such action is necessary to stamped on the card. duced on the farm is not accounted for enforce the provisions of §§ 729.540 to § 729.550 Successors-in-interest. Any to the satisfaction of the State commit­ tee or if any amount of peanuts produced 729.569, the issuance of marketing cards person who succeeds in whole or in part may be withheld for farms in which a to the share of a producer in the peanuts on one farm is falsely identified by a multiple farm producer has an interest, to be marketed from a farm shall, to the representation that such peanuts were if one or more of such farms are eligible extent of such succession, have the same produced on another farm, the total for an excess penalty marketing card, rights as the producer to the use of any amount of penalty for the farm shall be until the committee provides for an esti­ marketing card issued for the farm. determined by multiplying the normal mate to be made of the peanut produc­ yield by the excess acreage by the basic tion on each farm in which the multiple § 729.551 Invalid marketing cards. penalty rate. farm producer has an interest. The es­ (a) A marketing card shall be invalid i f : (d) If the representative of the county timated production on each such farm (1) It is not issued or delivered in the committee is prevented by the operator will be used in determining, after all form and manner prescribed; or other producer or person from deter­ peanuts produced on such farms have (2) Entries are omitted, incorrect, mining the farm peanut acreage, the been marketed or otherwise disposed of, contradictory, or illegible; farm will be deemed to have excess acre­ whether the marketing card issued for (3) It is lost, destroyed, or stolen; age and the penalty for the farm shall each farm was properly used. The term (4) Any erasure or alteration has been be determined by multiplying the quan­ “multiple farm producer” means a per­ made and not properly initialed; or tity of peanuts marketed from the farm son who has an interest as a producer (5) The converted penalty rate on an by the basic penalty rate. I f however, in the 1954 crop of peanuts on more than excess penalty card has been altered. the operator furnishes a complete and one farm. (b) If any marketing card becomes correct report containing the informa­ (c) All entries on each marketing invalid (other than by loss, destruction, tion specified in § 729.561 (b ), the pen­ card shall be made in accordance with or theft) the operator, or the person alty for the farm shall be determined in the instructions for issuing marketing having the card in his possession, shall accordance with paragraph (b) of this cards. Upon return to the county ASC return it to the county ASC office from section. office, of any marketing card where all which it was issued. I f any marketing (e) Notwithstanding the foregoing spaces for recording sales have been used card is lost, destroyed, or stolen, the pro­ provisions of this section, the penalty will and before the marketing of peanuts ducer to whom the card was issued shall not be applicable to the shriveled, dam­ from the farm has been completed, a give written notice of such fact to the aged, split, and broken peanut kernels new marketing card of the same kind, county ASC office from which the card which are obtained in the process of bearing the same name, information, was issued. shelling farmers stock peanuts of the and identification as the used card shall (c) I f a marketing card becomes in­ 1954 crop for use by the producer as seed be issued. A new marketing card of the valid because an entry is not made as in 1955 if the quantity of peanuts shelled same kind shall also be issued to replace required either through omission or in­ by or for the producer is in line with the a card which has been determined by the correct entry, and the proper entry is seed requirements for his farm in 1955 as county office manager to have been lost, later made and initialed as provided in determined by the county office manager. stolen, mutilated, or destroyed. the instruction for issuing marketing (d) Within quota card. A farm is cards, then such card shall become valid; § 729.554 Identification of marketing. eligible for a within quota card under or if the invalid card is not made valid (a) Each marketing of peanuts from a any one of the following conditions: in this manner, it shall be cancelled and farm shall be recorded by the buyer or (1) The farm has no excess acreage. a new card issued in its place. his representative on a marketing card issued for the farm on which the pea­ (2) The acreage planted to peanuts on § 729.552 Report of misuse of mar­ the farm is in excess of the farm allot­ nuts were produced, .if such marketing keting card. Any information which card is presented to the buyer by the ment but an agreement on Form causes a member of a State, county, or MQ-92—Peanuts (1954) is executed and producer at the time the peanuts are community committee, or an employee márketed. Each marketing of peanuts approved in accordance with § 729.559. of a State or county ASC office, or any (3) The farm has excess acreage without a marketing card shall be subject person engaged in buying or handling to the penalty at the rate prescribed in which consists of (i) peanuts grown only peanuts, to believe that any peanuts have for experimental purposes on land owned § 729.555 (a) unless the marketing con­ been or are being marketed on a mar­ sists of shriveled, damaged, split, and or leased by a publicly owned agricul­ keting card issued for another farm or tural experiment station and are pro­ broken peanut kernels which were pro­ to another producer shall be reported duced in shelling not in excess of that duced at public expense by employees of immediately by such committeeman, em­ the experiment station, or (ii) peanuts quantity of farmers stock peanuts for a ployee, or person to the county ASC -producer which the county office mana­ produced by farmers pursuant to an office or to the State ASC office. , agreement with a publicly owned experi­ ger determines is reasonable for seed MARKETING OR OTHER DISPOSITION OF ment station whereby the experiment purposes on the producer's farm for the PEANUTS AND PENALTIES station bears the cost and risks incident 1955 crop. The marketing of such shriv­ to the production of the peanuts and the § 729.553 Extent to which marketings eled, damaged, split, and broken peanut kernels that are not identified by mar­ proceeds from the crop inure to the bene­ from a farm are subject to penalty. keting card will be identified by Form fit of the experiment station. Any such The penalty for a farm having excess MQ-93—Peanuts (1952) partially exe­ agreement must be approved by the State acreage shall be determined as follows: committee prior to the issuance of a (a) If the peanuts produced on the cuted by the county office manager to marketing card for the farm. farm are properly marketed with an show the quantity of peanuts that is reasonable for seed purposes on the pro­ (e) Excess penalty card. An excess excess penalty card issued for the farm, the penalty shall be paid on each lot ducer’s farm for the 1955 crop. Buyers penalty card shall be issued for a farm will record and report purchases of if the farm peanut acreage exceeds the of peanuts marketed from the farm in shelled peanuts from producers on Form larger of the farm allotment or one acre an amount determined by multiplying MQ-91—Peanuts (1954) : Provided, how­ and the farm is not eligible for a within the converted penalty rate for the farm ever, That a person who is not engaged quota card under paragraph (d) of this by the number of pounds in the lot. section. (b) I f the peanuts produced on the in the business of buying peanuts for farm are not properly marketed with an movement into the regular channels of § 729.549 Person authorized to issue excess penalty card issued for the farm trade shall not be required to make a cards. The county office manager shall but the disposition of the peanuts pro­ record and report of purchases of pea­ sign marketing cards for farms in the duced on the farm is accounted for to nuts from producers if the county office county as issuing officer. The issuing the satisfaction of the State committee, manager has determined that it would officer may designate not more than the total amount of penalty for the farm be administratively impracticable to re­ three persons to sign his name in issuing shall be determined by multiplying the quire such buyer to execute forms, keep marketing cards: Provided, That each total quantity of peanuts marketed from the records, and make the buyer’s re­ person So designated shall place his ini­ the farm by the converted penalty rate ports as required in §§ 729.540 to 729.569, tials immediately beneath the name of for the farm. in which case the producer marketing 2510 RULES AND REGULATIONS the peanuts shall be responsible for re­ card is issued if he agrees to payment is not so reported within the time and porting each marketing to the county of the penalty in this manner. I f the in the manner therein required, shall be ASC office as provided in instructions county office manager determines that deemed to be a marketing subject to issued by the Deputy Administrator. satisfactory information is not available penalty unless and until such buyer fur­ (b) A buyer who resells any farmersfor estimating the 1954 yield, a normal nishes a report of such marketing which stock .peanuts of the 1954 crop shall yield for the farm shall be determined is acceptable to the State committee. keep, as part of or in addition to the and it shall be considered to be the The penalty shall be determined by mul­ records maintained by him in the con­ estimated actual yield for the purpose of tiplying the pounds marketed by the duct of his business, such records as he determining the amount of penalty. basic penalty rate, and such amount of determines are necessary to enable him An excess penalty card shall be issued penalty shall be paid by the buyer who to certify, in connection with any such for the farm. If the penalty is paid fails to make the report as required. resale of farmers stock peanuts, that such before the excess penalty card is issued, peanuts were identified to him by valid § 729.558 Payment of penalty. Pen­ the penalty rate on the card shall be alties shall become due at the time the marketing cards when purchased from shown as “zero”. I f the county commit­ farmers or other records of resale and peanuts are marketed and shall be paid tee determines, after marketing of the by remitting the amount thereof to the that any penalty due was collected and 1954 crop for the farm has been com­ State ASC office not later than the end of remitted. The records maintained by pleted that the actual production for the two calendar weeks following the week the buyer with respect to such peanuts farm was less than the estimated pro­ shall be available for examination in in which the peanuts became subject duction, any penalty paid in excess of to penalty. A draft, money order, or accordance with § 729.566. the amount actually due shall be re­ check drawn payable to the Treasurer § 729.555 Rate of penalty, (a) The funded upon presentation of a request of the United States may be used to pay basic penalty rate shall be equal to 50 therefor as provided in § 729.560. any penalty, but any such draft or check percent of the basic rate of the loan or § 729.557 Marketings subject to pen­ shall be received subject to collection support price for peanuts for the mar­ alty. In addition to marketings subject and payment at par. keting year. to penalty that are identified by excess § 729.559 Use of agreement to permit Note: The exact amount of the penalty penalty cards, the marketing of peanuts marketings from overplanted farms—■ rate for peanuts of the 1954 crop will be under any of the following conditions (a) Within quota card issued on basis of Issued as an amendment to this section as shall be deemed to be a marketing sub­ agreement. I f the State committee de­ soon as the basic rate of the loan or support ject to penalty ^,t the rate prescribed in price for 1954 is announced. termines that the agreement provided § 729.555. for in this section will serve a useful (b) The converted penalty rate for a (a) Producer marketings. (1) Any purpose, it may authorize its use in the farm shall be determined as follows: marketing of peanuts by a producer State. Where the use of the agreement (1) Compute the percent excess for a which is not identified by a valid market­ is authorized, the county office manager farm by dividing the farm peanut acre­ ing card shall be deemed to be a mar­ may, upon request of the operator of any age into the excess acreage. keting subject to penalty at the rate farm on which the acreage planted to (2) Multiply the percent excess for prescribed in § 729.555 (a) unless the peanuts exceeds the farm allotment, is­ the farm by the basic penalty rate. peanuts marketed consist of shriveled, sue a within quota card with respect to damaged, split, and broken peanut ker­ the farm in the manner prescribed in § 729.556 Persons to pay penalty. nels as described in § 729.554 (a) or un­ (a) The penalty due on peanuts pur­ § 729.548 if the operator executes an less the marketing is within the terms agreement form in which he represents chased directly from a producer shall be of the proviso contained in § 729.554 (a ). paid by the buyer who may deduct an that the farm peanut acreage will not The penalty due under the provisions of exceed the larger of the farm allotment amount equivalent to the penalty from this paragraph shall be determined by the price paid to the producer, except or one acre and such form is approved multiplying the pounds marketed by the by the county committee. that the penalty due on marketings by basic penalty rate, and such amount of a producer directly to any person out­ penalty shall be paid by the buyer who (b) Form of agreement. The agree­ side the United States shall be paid by may deduct an amount equivalent to the ment referred to in this section shall be on Form MQ-92—Peanuts (1954) ex­ the producer. The buyer shall not be penalty from the amount due the pro­ relieved of any liability with respect to ducer. ecuted in accordance with instructions issued by the Deputy Administrator. If the amount of penalty because of any (2) Notwithstanding the provisions of error which may occur in executing a § 729.553, if any producer falsely iden­ the county committee determines that sales memorandum. I f the buyer fails tifies or fails to account for the disposi­ a within quota card issued pursuant to to collect or to pay the penalty due on tion of any peanuts produced on a farm, - this section would be used as a device to evade the payment of penalty or the any marketing of peanuts from a farm, an amount of peanuts equal to the nor­ terms and conditions of the 1954 crop he and all producers on the farm shall mal yield of the excess acreage for thè be jointly and severally liable for the farm shall be deemed to have been a price support program, the agreement amount of the penalty. marketing subject to penalty from such shall not be approved by the county com­ (b) Notwithstanding any other provi­farm. The penalty for the farm shall be mittee and a marketing card shall not sions of § § 729.540 to 729.569, if the determined by multiplying the normal be issued for the farm until the farm county office manager finds that peanuts yield by the excess acreage by the basic peanut acreage has been determined. produced on a farm on which there is penalty rate, and such amount of pen­ (c) Payment of penalty. I f any pen­ excess acreage have been or probably alty shall be paid by the producer. alty becomes due for a farm for which will be sold to persons who are not en­ (b) Buyer’s marketings. The part or an agreement has been* executed and gaged in the business of buying peanuts all . of any marketing of peanuts by a approved, the amount of the penalty for movement into the regular channels buyer which such buyer represents to shall be determined in acordance with of trade and determines that it would be be a resale, but which when added to § 729.553. At the request of the county administratively impracticable to effect prior resales by such buyer, is in excess of office manager, the operator shall sur­ the collection of the marketing penalty the total amount of his prior purchases render the marketing card issued for the from such persons, the county office shall be deemed to be a marketing sub­ farm showing thereon the required rec­ manager may, on the basis of county ject to penalty unless and until such ord of all peanuts marketed. After col­ office records or other available in­ buyer furnishes proof acceptable to the lecting the amount of any penalty due, formation, estimate the actual yield and State committee showing that such mar­ an excess penalty card shall be issued the production for the farm and deter­ keting is not a marketing subject to for the farm if marketings from the farm mine the amount of penalty due on the have not been completed. quantity of peanuts marketed to such penalty. Any penalty due under this persons. The amount of penalty shall be paragraph shall be paid by the buyer § 729.560 Request for refund of pen­ determined by multiplying the converted making the resale. alty. After the marketing of peanuts penalty rate by the estimated total pro­ (c) Marketings not reported. Any from the farm has been completed and duction for the farm. The amount of marketing of peanuts which, under the the disposition of any other peanuts penalty may be collected from the op­ regulations in §§ 729.540 to 720.569, a produced on the farm can be shown, the erator or producer before the marketing buyer is required to report, but which producer or any other person who bore Friday, A p ril 30, 1954 FEDERAL REGISTER 2511 the burden of the payment of any penalty to each lot of peanuts marketed to or State ASC office by letter not later than may request the return of the amount of through him by a producer: two calendar weeks following the week in such penalty which is in excess of the (1) Serial number of the marketing which the peanuts are shelled. I f any amount required under §§ 729.540 to card presented by the producer to iden­ of the shelled peanuts are retained by the 729.569 to be paid. Such request shall tify each marketing. seed sheller, such action constitutes a be filed with the county ASC office within (ii) Name of producer and either the marketing and the buyer shall record and two years after the payment of the pen­ name of the operator of the farm or the report data covering the purchase of the alty. No refund shall be made because farm serial number. shelled peanuts as provided in § 729.562 of peanuts kept on the farm for seed (iii) Date of marketing. (c ). or for home consumption. (iv) Number of pounds marketed. § 729.564 Separate records and re­ (v) Amount of any penalty due and RECORDS AND REPORTS ports from persons engaged in more than the amount of any deduction for penalty one business. Any person who is re­ § 729.561 Producer’s records and re­ from the amount paid the producer. . quired to keep any record or make any ports— (a) Report on marketing card. (2) This record may be kept by the report as a buyer, processor, or other Each marketing card issued with respect buyer maintaining a file on his copies of person engaged in the business of shell­ to a farm on which peanuts are produced sales memoranda. ing or crushing peanuts, and who is in 1954 shall be returned to the county (3) Records of all resales of farmers engaged in more than one such business ASC office whenever marketings from stock peanuts by the buyer shall be main­ shall keep such records as will enable the farm are completed or at such earlier tained and the name of each person to him to make separate reports for each time as the county office manager may whom such resale was made shall be such business in which he is engaged to request. Failure to return the market­ shown on the buyer’s record in accord­ the same extent for each such business as ing card shall constitute failure to ac­ ance with § 729.554 (b ). if he were engaged in no other business. count for disposition of peanuts mar­ (b) Sales memorandum. Buyers will keted from the farm in the event that a record and report each purchase of farm­ § 729.565 Failure to keep records or satisfactory account of such disposition ers stpck peanuts on a sales memoran­ make reports. Any buyer, warehouse­ is not furnished otherwise, and the al­ dum. The CSS copies of sales memo­ man, processor, or common carrier of lotment next established, for such farm randa, with remittances covering the peanuts, any broker or dealer in peanuts, shall be reduced as provided in § 729.524 penalties due on purchases of excess pea­ any agent marketing peanuts for a pro­ of the Marketing Quota Regulations for nuts, shall be forwarded to the State ducer or acquiring peanuts for a buyer Peanuts of the 1954 Crop (18 F. R. 6372). ASC office by means of MQ-79—Peanuts or dealer, any peanut growers coopera­ (b) Additional reports by producers. (1954), Buyers Weekly Report and tive association, any person engaged in (1) In addition to any other reports Transmittal to State ASC office, not later the business of cleaning, shelling, crush­ which may be required under §§ 729.540 than the end of the two calendar weeks ing, or salting peanuts, or manufactur­ to 729.569, the operator of each farm following the week in which the peanuts ing peanut products, or any person own­ or any other producer on the farm (even were marketed. ing or operating a peanut picking or though the farm has no excess acreage) (c) Shelter’s report of shelled peanuts peanut threshing machine, who fails to shall, upon written request from the purchased or acquired from producers. make any report or keep any record as State administrative officer sent by reg­ Persons who shell peanuts for producers required in accordance with §§ 729.540 to istered mail to such person at his last and purchase or retain a quantity of the 729.569, or who makes any false report or known address, furnish the Secretary a shelled peanuts shall record and report record, shall be deemed guilty of a mis­ written report of the disposition made of such purchases or acquisitions of shelled demeanor and upon conviction thereof all peanuts produced on the farm by peanuts from producers on Form MQ- shall be subject to a fine of not more than sending the same to the State ASC office 91—Peanuts, Sheller’s Report of Peanuts $500. within 15 days after the request for such Shelled for Producers. The CSS copy § 729.566 Examination of records and report was deposited in the United States of Form MQ-91—Peanuts with remit­ reports. Any buyer, warehouseman, mails. Such written report shall show tances covering the penalty due on the processor, or common carrier of peanuts, for the farm: purchase of excess peanuts subject to any broker or dealer in peanuts, any (1) The farm peanut acreage; penalty shall be forwarded to the State agent marketing peanuts for a producer (ii) The total production of peanuts ASC office not later than the end of two or acquiring peanuts for a buyer or on the farm peanut acreage; calendar weeks after the buyer has ceased dealer, any peanut growers cooperative (iii) The name and address of the purchasing shelled peanuts of the 1954 association, any person engaged in the buyer to or through whom each lot of crop. business of cleaning, shelling, crushing, peanuts was marketed, the number of (d) Additional records and reports. or salting peanuts, or manufacturing pounds marketed in each lot, and the Each buyer, warehouseman, processor, peanut products, or any person owning date marketed; or common carrier of peanuts, any broker or operating a peanut picking or thresh­ (iv) The quantity of peanuts not mar­ or dealer in peanuts, any agent market­ ing machine, shall make available for keted; and ing peanuts for a producer or acquiring examination upon written request by the (v) In the case of a farm for which an peanuts for a buyer or dealer, any peanut State administrative officer or the Direc­ agreement was approved under § 729.559, growers cooperative association, any per­ tor, such books, papers, records, accounts, the gross value received for each lot son engaged in the business of cleaning, correspondence, contracts, documents, of peanuts. shelling, crushing, or salting peanuts, and memoranda as the State adminis­ (2) Failure to file the report as re­ or manufacturing peanut products, or trative officer or the Director has reason quested or the filing of a report which any person owning or operating a peanut to believe are relevant to any matter is found by the State committee to be picking or peanut threshing machine under investigation in connection with false shall constitute failure of the pro­ shall keep such records and furnish such enforcement of the program and which ducer to account for disposition of pea­ reports to the State ASC office, in addi­ are within the control of such person. nuts produced on the farm and the allot­ tion to the foregoing, as the State com­ § 729.567 Length of time records and mittee may find necessary to insure the ment next established for such farm reports to be kept. Records required to proper identification of the marketings shall be reduced as provided in § 729.524 be kept and copies of reports required to of the Marketing Quota Regulations for of peanuts and the collection of penalties be made by any person in accordance Peanuts of the 1954 Crop (18 F. R. 6372). due thereon as provided in §.§ 729.540 to with §§ 729.540 to 729.569 for the 1954-55 729.569. § 729.562 Records and reports of buy­ marketing year shall be kept by him ers and others. The following para­ § 729.563 Record and report of pea­ until July 31, 1957. Records shall be graphs shall apply to all marketings ex­ nuts shelled for producers. Any person kept for such longer period of time as cept marketings within the terms o f the who shells peanuts for a producer and may be requested in writing by the proviso contained in § 729.554 (a) : does not retain any of the shelled pea­ Director. (a) Record of marketings. (1) Eachnuts shall make a record of the shelling MISCELLANEOUS buyer shall keep such records as will en­ of each lot of such peanuts by executing able him to furnish the State ASC office Form MQ-93—Peanuts (1952) and shall § 729.568 Information confidential. the following information with respect forward the CSS copies of the form to the All data reported to or as required by 2512 RULES AND REGULATIONS the Secretary pursuant to the provisions (2) The parity prices of milk pro­ (3) The issuance of this order amend­ of §§ 729.540 to 729.569 shall be kept duced for sale in the said marketing area ing the order, as amended, is approved confidential by all officers and employees as determined pursuant to section 2 of or favored by at least two-thirds of the of the United States Department of Ag­ the act are not reasonable in view of the producers who, during the determined riculture and by all members and em­ price of feeds, available supplies of feeds representative period (July 1953), were ployees of State or county committees, and other economic conditions which a f­ engaged in the production of milk for and only such data so reported or ac­ fect market supplies of and demand for sale in the said marketing area and who quired as the Deputy Administrator such milk, and the minimum prices participated in a referendum on the deems relevant shall be disclosed by them specified in the order, as amended, and question of approval of its issuance. and then only in a suit or administrative as hereby further amended, are such I t is therefore ordered, That on and hearing under Title m of the act. prices as will reflect the aforesaid fac­ after May 1, 1954, the handling of milk § 726.569 Redelegation of authority. tors, insure a sufficient quantity of pure in the New York metropolitan milk mar­ Any authority delegated to the State com­ and wholesome milk and be in the public keting area shall be in conformity to interest; and mittee by the regulations in §§ 729.540 and in compliance with the terms and to 729.569 may be redelegated by the (3) The said order, as amended, and conditions of the aforesaid order, as as hereby further amended, regulates State committee. heretofore amended and as hereby fur­ the handling of milk in the same manner ther amended as follows: N ote: The record-keeping an4 reporting as and is applicable only to persons in requirements of these regulations have been 1. Amend § 927.40 (f) to read as fol­ the respective classes of industrial and lows: approved by, and subsequent reporting re­ commercial activity specified in a mar­ quirements will be subject to the-approval of, the Bureau of the Budget in accordance keting agreement upon which a hearing (f) For Class I I I milk, the price shall with the Federal Reports Act of 1942. has been held. be the sum of the amounts computed (b) Additional findings. It is neces­ pursuant to subparagraphs (1) and (2) Done at Washington, D. C., this 27th sary, in the public interest, to make this of this paragraph minus 80 cents: Pro­ day of April 1954. Witness my hand order, as amended, effective on May 1, vided, That for the months of May and and the seal of the Department of 1954. Otherwise, the administrative im­ June 1954 an additional 10 cents shall be Agriculture. practicability of an effective date other subtracted from such sum. [ s e a l ] E zra T aft B e n s o n , than as of the first day of a month would (1) To the simple average of the daily Secretary of Agriculture. require a minimum deferment of one wholesale selling prices per pound full month in its effective date. Such (using the midpoint of any price range |F. R. Doc. 54-3239; Filed, Apr. 29, 1954; 8:51 a. m.] . delay in the effective date of this order, as one price) reported during such as amended, would seriously threaten the month by the United States Department orderly marketing of milk in the New of Agriculture for Grade A (92-score) York metropolitan milk marketing area. bulk creamery butter in the New York The provisions of the said order are well City market, add two cents, multiply by Chapter IX— Agricultural Marketing known to handlers, the recommended 1.22 and then multiply by 3.5: Provided, Service (Marketing Agreements and decision having been published in the That for any of the months from August Orders), Department of Agriculture F ederal R eg ister on March 27, 1954 (19 through February for which the utiliza­ [Docket No. AO-71-A-25] F. R. 1672), and the final decision having tion adjustment percentage announced been published in the F ederal R egister pursuant to § 927.46 (a) (2) is 92 or P art 927—M i l k i n t h e N e w Y o r k * on April 10,1954 (19 F. R. 2086). Under larger, there shall be an additional M etropolitan M a r k e t in g A rea the circumstances, adequate and reason­ three cents added to such average but­ ORDER AMENDING ORDER, AS AMENDED able time has been afforded persons af­ ter price. fected to prepare for its effective date. (2) Multiply by 7.8 the weighted aver­ § 927.0 Findings and determinations. In view of the foregoing, it is hereby age, as computed by the market admin­ The findings and determinations here­ found and determined that good cause istrator using a weight of 70 for roller inafter set forth are supplementary and exists for making this order, as amend­ process prices and a weight of 30 for in addition to the findings and determi­ ed, effective on May 1, 1954, and that it spray process prices, of the prices per nations previously made in connection would be contrary to the public interest pound of roller process and spray process with the issuance of the aforesaid order to delay the effective date of this amend­ nonfat dry milk solids, for human con­ and or each of the previously issued ment for 30 days after its publication in sumption in carlots f. o. b. manufactur­ amendments thereto; and all of said pre­ the F ederal R e g ister . ing plants in the Chicago area, as pub­ vious findings and determinations are (c) Determinations. It is hereby de­ lished by the United States Department hereby ratified and affirmed, except in­ termined that handlers (excluding co­ of Agriculture for the period from the sofar as such findings and determina­ operative associations of producers who 26th day of the immediately preceding tions may be in conflict with the find­ are not engaged in processing, distribut­ month through the 25th day of the cur­ ings and determinations set forth herein. ing or shipping milk covered by this rent month. (a) Findings upon the basis of theorder amending the order, as amended, hearing record. Pursuant to the provi­ which is marketed within the New York 2. Amend § 927.43 by (1) changing to sions of the Agricultural Marketing metropolitan milk marketing area) of “ (5) ” “ (7 )” and “ (8 )” the references Agreement Act of 1937, as amended (7 more than 50 percent of the milk which made therein to subparagraphs “ (6)” U. S. C. 601 et seq.), and the applicable is marketed within the said marketing “ (8) ” and “ (9) ” of § 927.46 (b ), and (2) rules of practice and procedure, as area, refused or failed to sign the pro­ by adding after the first proviso therein amended, governing the formulation of posed marketing agreement regulating the following: “Provided further, That marketing agreements and marketing the handling of milk in the said market­ for milk received from producers during orders (7 CFR Part 900), a public hear­ ing area, and it is hereby further de­ any of the months of March through ing was held upon certain proposed termined that: July which is classified on the basis of amendments to the tentative marketing (1) The refusal or failure of such one of the types of cheese named in this agreement and to the order, as amended, handlers to sign said proposed market­ section, the amount so credited shall be regulating the handling of milk in the ing agreemént tends to prevent the ef­ increased one cent per pound of butter- New York metropolitan milk marketing fectuation of the declared policy of the fat for each full five hundredths by area. Upon the basis of the evidence act; which the ratio of 2.5 is lower than the introduced at such hearing and the rec­ (2) The issuance of this order amend­ ratio computed pursuant to the first pro­ ord thereof, it is found that: ing the order, as amended, is the only viso of this section, except that, for pin- (1) The said order, as amended, and practical means, pursuant to the de­ poses of this proviso, the ratio computed as hereby further amended, and all of clared policy of the act, of advancing the shall be rounded to the nearest hun­ the terms and conditions thereof, will interests of producers of milk which is dredth.** tend to effectuate the declared policy of produced for sale in the said marketing 3. Amend paragraph (b) of § 927.46 by the act: area; and deleting subparagraph (5), thereof, and Friday, April 30, 1954 FEDERAL REGISTER 2513 renumbering other subparagraphs ac­ effective May 1,1954. Such action is nec­ (b) In any delivery period in which a cordingly. essary in the public interest in order to total of 25,000 pounds or more of milk, reflect current marketing conditions and or an amount of skim milk and butterfat (Sec. 5, 49 Stat.‘753, as amended; 7 U. S. C. from which 25,000 pounds or more of 608c) to insure the orderly marketing of avail­ able milk supplies. Accordingly, any Class I milk is derived, is delivered in Issued at Washington, D. C., this 27th further delay in the effective date of this fluid form from such plant to any day of April 1954. order amending the order, as amended, plant(s) which is a fluid milk plant pur­ suant to paragraph (a) “of this section: [ se al! J o h n H . D a v is , will seriously impair the orderly market­ Assistant Secretary of Agriculture. ing of milk in the Tri-State marketing Provided, That a “fluid milk plant” pur­ area. The provisions of the said amend­ suant to this section shall not mean such [F. R. Doc. 54-3244; Filed, Apr. 29, 1954; portions of a building or facilities used 8:53 a. m.] atory order are well known to handlers and producers, the public hearing hav­ for receiving or processingjsuch milk, or ing been held on February 18-19, 1954, milk product, as is requited by the ap­ and a final decision on the amendment propriate health authority to be kept physically separate from the receiving or [Docket No. AO-177-A13] provisions having been issued April 22, 1954. Reasonable time under the cir­ processing of Class I milk for the com­ P a r i 972—M i l k i n t h e T r i-S tate cumstances has been afforded persons munity (s) served. M ar k e tin g A rea affected to prepare for its effective date. 2. Delete § 972.9 and substitute there­ ORDER AMENDING ORDER, AS AMENDED Therefore, it would be contrary to the for the following: public interest to delay the effective date § 972.0 Findings and determinations. of this amendatory order for 30 days § 972.9 Gallipolis district plant. The findings and determinations herein­ after its publication in the F ederal R eg­ “Gallipolis district plant” means a fluid after set forth are supplementary and in ist e r . (See sec. 4 (c), Administrative milk plant located in Gallia County or addition to the findings and determi­ Procedure Act, Pub: Law 404, 79th Cong., Meigs County, Ohio, or in Mason County, nations previously made in connection 60 Stat. 237.) West Virginia. with the issuance of the aforesaid order (c) Determinations. It is hereby de­ 3. Delete § 972.13 and substitute there­ and of the previously issued amendments termined that handlers (excluding coop­ for the following: thereto, and all said previous findings erative associations of producers who are and determinations are hereby ratified not engaged in processing, distributing § 972.13 Producer. “Producer” means and affirmed, except insofar as such or shipping milk covered by this order, a person other than a producer-handler findings and determinations may be in as amended, and as hereby further who produces milk received: conflict with the findings and determi­ amended, which is marketed within the (a) At a fluid milk plant, or nations set forth herein. Tri-State marketing area) of more than (b) At a nonfluid milk plant by diver­ (a) Findings upon the basis of the50 percent of the milk which is marketed sion within April, May, June, or July hearing record. Pursuant to the pro­ within the said marketing area refused from a fluid milk plant: Provided, That visions of the Agricultural Marketing or failed to sign the proposed marketing such person producing milk holds a dairy farm inspection permit or equivalent cer­ Agreement Act of 1937, as amended (7 agreement regulating the handling of U. S. C, 601 et seq.), and the applicable milk in the said marketing area, and it tification if required by the appropriate rules of practice and procedure, as is hereby further determined that: health authority of the community (s), amended, governing the formulation of (1 ) . The refusal or failure of such han­for which his milk is produced. marketing agreements and marketing dlers to sign said proposed marketing 4. Delete § 972.16 and substitute there­ orders (7 CFR Part 900), a public hear­ agreement tends to prevent the effectua­ for the following: ing was held upon certain proposed tion of the declared policy of the act; § 972.16 Handler. “ Handler” means: amendments to the tentative marketing (2) The issuance of this order amend­ agreement and to the order, as amended, (a ) A person, including a cooperative ing .the order, as amended, is the only association, who operates a fluid milk regulating the handling of milk in the practical means, pursuant to the de­ Tri-State marketing area. Upon the plant, or clared policy of the act, of advancing the (b) A cooperative association with re­ basis of the evidence introduced at such interests of producers of milk which is hearing and the record thereof, it is spect to milk customarily received as produced for sale in the said marketing producer milk at a fluid milk plant which found that: area; and (1) The said order, as amended, and is diverted by such association within (3) The issuance of this order amend­ April, May, June, or July on its account as hereby further amended, and all of ing the order, as amended, is approved the terms and conditions thereof, will from a fluid milk plant to a nonfluid milk or favored by at least two-thirds of the plant. tend to effectuate the declared policy producers who, during the determined of the act. representative period (March 1954), 5. Add the following as § 972.19: (2) The parity prices of milk as de­ were engaged in the production of milk § 972.19 Cooperative association. termined pursuant to section 2 of the for sale in the said marketing area. act are not reasonable in view of the “ Cooperative association” or “ associa­ price of feeds, available supplies of feeds Order relative to handling. It is tion of producers” means any coopera­ and other economic conditions which therefore ordered, that on and after the tive marketing association of producers, affect market supply and demand for effective date hereof, the handling of duly organized as such under the laws milk in the said marketing area, and milk in the Tri-State marketing area of any State, which includes members the minimum prices specified in the or­ shall be in conformity to, and in com­ who are producers as defined in § 972.13 der, as amended, and us hereby further pliance with, the terms and conditions and which the. Secretary determines, amended, are such prices as will reflect of the aforesaid order, as amended, and after application by the association: the aforesaid factors, insure a sufficient as hereby further amended as follows: (a) To be qualified under the stand­ quantity of pure and wholesome milk 1. Delete § 972.7 and substitute there­ards set forth in the act of Congress of for the following: February 18, 1922, as amended, known and be in the public interest ; and as the “ Capper-Volstead Act” ; (3) The said order, as amended, and » § 972.7 Fluid milk plant. “Fluid milk (b) To have its entire organization as hereby further amended, regulates plant” means any milk handling plant and all of its activities under the control the handling of milk in the same man­ (hereinafter referred to as a “plant”), of its members; and ner as, and is applicable only to persons except a plant at which the handling of (c) To be currently engaged in mak­ in the respective classes of industrial milk is regulated by another milk mar­ ing collective sales of or marketing milk and commercial activity specified in, a keting agreement or order issued pursu­ or its products for its members. ant to the act, under the following marketing agreement upon which a conditions: 6. Delete from § 972.22 (j) (2) the hearing has been held. (a) In any delivery period in which aword “ 10th” and substitute therefor the (b) Additional findings. It is herebyroute is operated' whólly or partially word “ 12th” . found and determined that good cause within the marketing area from such 7. Delete § 972.41 (a) and (b) and sub­ exists for making this amendatory order plant; or stitute therefor the following; No. 84------2 2514 RULES AND REGULATIONS

(a) Add the following amounts for the July 1954 the price so determined shall be <3) All milk received at a plant op­ delivery periods indicated: reduced 25 cents per hundredweight with erated by a cooperative association(s) respect to all Class III milk other than from producers who are members thereof Septem­ that used to produce ice cream, ice cream but for whom any of the services set April, Febru­ ber, mix, and cottage cheese.” forth below in this paragraph is not May, ary, October, 9. Delete from § 972.44 (a) the figure being performed by such association(s), Merch, Novem­ June, ber, “ 1.0” and substitute therefor the figure as determined by the market adminis­ and and Decem­ July August “0.5.” trator. ber, and 10. Delete § 972.44 (c) and substitute January Such deduction shall be paid by the therefor the following: handler to the market administrator on Huntington district plants— $1.10 $1.35 $1.80 (c) Class I I I milk. Subtract $3.00 or before the 15th day after the end of Gallipolis district plants___ 1.00 1.25 1.70 Sciotô district plan#------.90 1.15 1.60 from the average price per hundred the delivery period. Such moneys shall Athens district plants_____ .80, 1.05 1.50 pounds of butter as described in § 972.40 be expended by the market administra­ (c) (1), multiply by 1.2, subtract there­ tor for the verification of weights, sam­ (b) Add or subtract a “ supply- from the amount per hundredweight pling, and testing of milk received from demand adjustment” computed as computed pursuant to § 972.40 (c) (2), producers and in providing for market follows: and divide such result by .1000. information to producers; such services (1) Divide the total gross volume of 11. Delete the word “and” at the end to be performed in whole or in part by the market administrator or by an agent Class I milk (less interhandler transfers) of § 972.65 (a ). at all fluid milk plants described under 12. Delete § 972.65 (b) and substitute engaged by and responsible to him. (b) In the case of each producer (1) § 972.7 (a) for the first and second pre­ therefor the following: ceding delivery periods by the total re­ who is a member of, or who'has given ceipts of milk from producers at such (b) To a cooperative association for written authorization for the rendering plants during the same delivery periods, milk received from" producers from of marketing services and the taking of multiply tiie result by 100, and round to whom such association has received deduction therefor to, a cooperative as­ the nearest whole number. The result written authorization to collect pay­ sociation, (2) whose milk is received at shall be known as the “ current utiliza­ ment, on or before the 16th day after a plant not operated by such association, tion percentage.” such delivery period, of a total amount and (3) for whom the market adminis­ (2) Compute a “ net utilization per­ equal to not less than the sum of the trator determines that such association centage” by subtracting from the current individual amounts otherwise payable is performing the services described in utilization percentage as computed in to other producers under paragraph (a) paragraph (a) of this section, each han­ subparagraph (1) of this paragraph the of this section. dler shall deduct in lieu of the deduction “ standard utilization percentage” shown (c) On or before the 16th day after specified under paragraph (a) of this below: such delivery period each handler shall section, from payments made pursuant Standard pay to each cooperative association to § 972.65 (a) the amount per hundred­ Delivery period for which price utilization which operates a fluid milk plant, for weight of milk authorized by such pro­ is being computed: percentage skim milk and butterfat received as milk ducer and shall pay over, on or before January______92 or a milk product from such coopera­ the 15th day after the end of the de­ Febru ary ______- 91 tive association during such delivery livery period, such deduction to the as­ M a r c h ______89 period, an amount of money computed sociation entitled to receive it under this April ______,___ 85 May _____ 80 by multiplying the total pounds of such paragraph. J u n e ______.____— ___ 73 skim milk and butterfat in each class by (Sec. 5, 49 Stat. 753, as amended; 7 U. S. 0. July ______.____ - ___ — ------l----- 62 the respective class price pursuant to 608c) A u g u st______63 972.41, 972.42, and 972.43, adjusted September ______i______68 by the appropriate butterfat differential Issued at Washington, D. C., this 27th O cto b er______;___- ______,___ 81 pursuant to § 972.44; and day of April 1954 to be effective on and N ovem ber______— 90 (d) None of the provisions of this sec­ after May 1, 1954. D ecem ber______.______,____ _ 91 tion shall be construed to restrict any [ s e a l ! J o h n H . D a v is, (3) Determine the amount of the sup­cooperative association qualified under Assistant Secretary of Agriculture, ply-demand adjustment as follows: section 8c (5) (P) of the act from mak­ [F. R. Doc. 54—3253; Filed, Apr. 29, 1954; Supply-demand ing payment for milk to its member 8:54 a. m.] If the net utilization adjustment is producers in accordance with such provi­ percentage is: (c e n ts ) sion of the act. + 12 or over______'.______+38 + 9 or +10______4______+28 13. Delete from § 972.71 the word TITLE 8— ALIENS AND + 6 or + 7 ______+ 2 0 “ 13th” and substitute therefor the word NATIONALITY + 3 or + 4 - ______- +10 “ 15th” ; delete from the same section the + 1 or —1______0 word “ 10th” and substitute therefor the Chapter I— Immigration and Natural­ —3 or —4______— - — 10 word “ 12th.” ization Service, Department, of — 6 or —7 ...... - — 20 14. Delete §§ 972.75 and 972.76 and Justice — 9 or - 1 0 ______— 28 substitute therefor the following: — 12 or under______—38 § 972.75 Marketing services* (a) Ex­ M iscellaneous A m e n d m e n t s to t h e I m ­ When the net utilization percentage does cept as set forth in paragraph (b) of this m ig r a t io n a n d N a t io n a l it y R egula­ not fall within a tabulated bracket, the section, each handler in making pay­ t io n s supply-demand adjustment shall be de­ ments to producers (other than with re­ The following amendments to Chap­ termined by the adjacent bracket which spect to milk of such handler’s own ter I of Title 8 of the Code of Federal is the same or nearest to the bracket production) pursuant to § 972.65 (a) Regulations are hereby prescribed: used in the previous month. I f for the shall make a deduction of 6 cents per first delivery period the above schedule hundredweight, or such amount not ex-* P art 245—A d j u s t m e n t o f S ta tus of is in effect the net utilization percentage ceeding 6 cents per hundredweight as N onimmigrant to T h a t o f a P erson does not fall within a tabulated bracket, the Secretary may prescribe, with re­ A d m it t e d for P e r m a n e n t R esid ence the supply-demand adjustment shall be spect to the following: Part 245 is amended by deleting determined by the nearest bracket (1) All milk received from producers § 245.13 Attorneys. thereto which would result in the least at a plant not operated by a cooperative change from zero. association: P art 248— C h a n g e o f N onimmigrant 8. Replace the period at the end of (2) All milk received at a plant op­ C lassification § 972.43 with a colon and add the follow­ erated by a cooperative association from ing proviso to such section: “Provided, producers who are not members of such Part 248 is amended by deleting That for the months of May, June, and association: and 2 248.12 Attorneys. Friday, April 30, 1954 FEDERAL REGISTER 2515

P art 249— C r e a t io n o f R ecord o f L a w ­ a notice of rule-making concerning the 71 et seq.) or under the provisions in f u l A d m is s io n fo r P e r m a n e n t R e s i­ proposed issuance of regulations provid­ paragraphs 306 (b) . and (c) of the d en c e ing for the furnishing of a service for Tariff Act of 1930 (19 U. S. C. 1306 (b) the identification and marking, as fed­ and ( c )). Part 249 is amended by deleting erally inspected and passed, of divided (h) Official establishment. An estab­ § 249.12 Attorneys. portions of meats, meat by-products, and lishment operated under Federal meat meat food products which have been inspection pursuant to the Meat In ­ P art 292—E n r o l l m e n t a n d D is b a r m e n t . federally inspected and passed and so spection Act, as amended (21 U. S. C. o f A t t o r n e y s an d R epresentatives marked, but all divided portions of which 71 et seq.). do not bear the marks of Federal meat § 40.3 Kind of service. Meat or Section 292.11 Service upon and action inspection, and the collection of fees for ;by attorney, representative, or other per­ other product that is federally inspected such service. Due consideration has and passed at an official establishment son is amended by designating the exist­ been given to all relevant matters sub­ ing material as paragraph (a) and by or upon importation is officially marked mitted in connection with the notice. at such establishment or the port of adding a new paragraph designated 1. Under the authority of sections 203 paragraph (b) which will read as follows: entry with sufficient marks of Federal and 205 of the Agricultural Marketing meat inspection to identify, as federally (b) Whenever an examination is pro­ Act of 1946 (7 U. S. C. 1622, 1624), sec­ inspected and passed,, the carcass, tank vided for by any of the provisions of this tion 520 of the Revised Statutes (5 carload, or other basic unit constituting chapter in any case pending before the U. S. C. 511) and provisions in the item the product when'it leaves such estab­ Service, the person involved shall have for Marketing Services in the Depart­ lishment or is allowed importation. In the right to be represented at the exam­ ment of Agriculture Appropriation Act, order to facilitate the division of such ination by an attorney or representative 1954 (67 Stat. 205, 7 U. S. C. Supp. 414), carcass, tank carload, or other unit into authorized to practice before the Service. the following new regulations are here­ smaller portions and to maintain the The attorney or representative shall be by promulgated to appear in 9 CFR Part identity of such portions as federally permitted to examine or cross-examine 40:, inspected and passed, service may be such person and witnesses, to introduce P art 40— I dentification S ervice for furnished, upon application, under the evidence, to make objections which shall M eat a n d O th e r P roduct regulations in this part to identify such be stated succinctly and entered on the Sec. portions as part of a unit which was record, and to submit briefs. 40.1 Meaning of words. federally inspected and passed and so 40.2 Definitions. marked and to mark such portions with 40.3 Kind of service. P art 341—C e r t ific a te o f C it iz e n s h ip the marks of Federal meat inspection. 40.4 Availability of service. U nder S e c t io n 341 o f t h e I m m ig r a t io n 40.5 Application for service. § 40.4 Availability of service. Serv­ and N a t io n a l it y A ct 40.6 Denial or withdrawal of service. ice under the regulations in this part Part 341 is amended by deleting 40.7 Fees and charges. • will be available only with respect to § 341.17 Attorneys. A u t h o r it y : §§ 40.1 to 40.7 issued under 34 meat or other product which is on Stat. 1264, sec. 306, 46 Stat. 689, sec. 205, 60 premises other than those of an official Stat. 1090, sec. 101, 66 Stat. 348; 21 U. S. C. establishment; which is sound, health­ P art 481—A d j u s t m e n t o f S t a t u s o f 89, 19 U. S. C. 1306, 7 U. S. C. 1624. Inter­ ful, wholesome, and fit for human food N onimmigrant t o T h a t o f a P er so n pret or apply R. S.- 520, 34 Stat. 1260—1265, as at the time the service would be fur­ A d m itted for P e r m a n e n t R e sid e n c e i n amended, 41 Stat. 241, sec. 203, 60 Stat. 1087; nished; and which can be identified as A ccordance W it h t h e R e fug ee R e l ie f 5 U. S. C. 511, 21 U. S. C. 71-88, 90-91, 21 TJ. S. C. 96, 7 U. S. C. 1622. a portion of a carcass, tank carload, or A ct o f 1953 other basic unit which was federally in­ Part ’481 is amended by deleting § 40.1 Meaning of words. Words spected and passed and so marked. S 481.14 Attorneys. used in this part in the singular form shall be deemed to import the plural, and § 40.5 Application for service. Any (Sec. 103, 66 Stat. 173; 8 U. S. C, 1103) vice versa, as the case may demand. person who desires to receive service under the regulations in this part for This order shall become effective on § 40.2 Definitions. For the purposes meat or other product eligible therefor the date of its publication in the F ederal of the regulations in this part, unless under such regulations may make appli­ R egister. Compliance with the provi­ the context otherwise requires, the fol­ cation for service to the Chief, upon an sions of section 4 of the Administrative lowing terms shall be construed, respec­ application form which will be furnished Procedure Act (60 Stat. 238; 5 U. S. C. tively, to mean: by the Chief upon request. 1003) as to notice of proposed rule mak­ (a) Department. The United States ing and delayed effective date is unnec­ Department of Agriculture. § 40.6 Denial or withdrawal of serv­ essary in this instance because the rules (b) Service. The Agricultural Re­ ice. (a) I f any person has applied for service for meat or other product not prescribed by the order are clearly ad­ search Service of the Department. vantageous to persons affected thereby. (c) Administrator. The Administra­ eligible therefor under the regulations tor of the Service or any officer or em­ in this part, or has failed to make proper Dated: April 16, 1954. application for service or to pay fees and ployee of the Department to whom charges due for service furnished or to H erbert B r o w n e l l ; Jr. authority has heretofore been delegated, Attorney General. or to whom authority may hereafter be be furnished to him under the regula­ delegated, to act in his stead. tions in this part, or if the service can­ Recommended: March 12, 1954. not be furnished to any person applying (d) Chief. The Chief, Meat Inspec­ B e n j a m in G. H abber to n, therefor because of lack of available in­ tion Branch of the Service, or any of­ spectors or other administrative reasons, Acting Commissioner of Im m i­ ficer or employee of the Department, to gration and Naturalization. the service may be denied to such person whom authority has heretofore been by the Chief until the condition justify­ IF. R. Doc. 54-3222; Filed, Apr. 29, 1954; delegated, or to whom authority may ing such denial is corrected. 8:48 a. m.] hereafter be delegated, to act in his (b) Service under the regulations in stead. this part may also be denied to any per­ (e) Inspector. Any officer or em­ TITLE 9— ANIMALS AND son by*the Administrator for such period ployee of the Department authorized to as he may deem proper, if it is deter­ ANIMAL PRODUCTS perform any duties under the regula­ mined, after opportunity for hearing be­ tions in this part. fore a proper official in the Department, Chapter I— Agricultural Research ( f ) Person. Any individual, corpora­ that such person has been responsible for Service, Department of Agriculture tion, company, association, firm, part­ any willful misrepresentation to the De­ nership, society, or joint stock company, Subchapter A— Meat Inspection Regulations partment concerning any meat or other or other organized group of any of the product for which service has been re­ M iscellaneous A m e n d m e n t s t o foregoing. quested under the regulations, in this S u b c h a p t e r (g) Federally inspected and passed. part, or that such person has been re­ On March 9, 1954, there was published Inspected and passed under the Meat sponsible for the use without authority, in the F ederal R eg ister (19 F. R. 1326) Inspection Act, as amended (21 U. S. C. or the imitation, of any marks or certifi- 2516 RULES AND REGULATIONS

cates of Federal meat inspection on or C. § 27.15 (c) is amended to read: as amended (21 U. S. C. 111-113, 120), with respect to any meat or other prod­ (c ) No person shall remove or causeand section 7 of the act of May 29, 1884, uct, or has otherwise been responsible as amended (21 U. S. C. 117), § 76.27, as for any fraudulent or deceptive practice to be removed from any place designated as a place of inspection by, or in accord­ amended, Subpart B, Part 76, Title 9, with respect to such service, or that such ance with, Parts 1 through 29 of this Code of Federal Regulations (19 F. R. person has interfered with or obstructed subchapter, any product which Parts 1 1367, 1597, 1947, 2226, 2247), which con­ any inspector in the performance of his tains a notice of the areas in which swine duties under the regulations in this part, through 29 require to be marked in any way, unless the product has been clearly are affected with vesicular exanthema, a or attempted to do so. Pending final de­ contagious, infectious, and communica­ termination of the matter, the Chief may and legibly marked in compliance with such requirements. ble disease, and which quarantines such deny or withdraw service without hear­ areas because of said disease, is hereby ing in those cases where the public inter­ The foregoing new regulations, to ap­ further amended in the following ests so require. In other cases prior to pear in 9 CFR Part 40, provide for the respects: _ the institution of proceedings for denial furnishing of a service which hereto­ 1. Subparagraphs (2), (3), (6), (7), of service under this paragraph, the fore has not been available. In order to (8), (9), (10), (11), (12), (13), (14), facts or conduct which may warrant such be of maximum benefit to persons desir­ (15), (16), (17), and (19) of paragraph action shall be called to the attention ing to utilize such service the new regu­ (b ), relating to California, are amended of the person involved, in writing, and lations should be made effective at the to read: he shall be given an opportunity to dem­ earliest practicable date. Accordingly, (2) That area lying north and west of onstrate or achieve compliance with all it is found pursuant to section 4 of the State Highway No. 24, south of the Richvale- applicable requirements. Administrative Procedure Act (5 U. S. C. Oroville Highway, and east of the Feather § 40.7 Fees and charges, (a) Fees 1003) that good cause exists for making River; that area lying north of Humboldt the new regulations effective in less than Road, south of Eighth Avenue and Big Chico and charges for service under the regu­ Creek, west of Ponderosa Way, and east of lations in this part shall be paid by the 30 days. Heretofore Subchapter A of Chapter I Forest Avenue; and that area lying south applicant for the service in accordance and west of Manzanita Avenue, north of with this section, and, if required by the of Title 9, Code of Federal Regulations, consisted of the Meat Inspection Regula­ Sandy Gulch, and east of Cactus Avenue and Administrator, the fees and charges shall its prolongation to Sandy Gulch, in Butte be paid in advance. tions in Parts 1 through 29 of the sub­ County. (b) The fees and charges provided for chapter; and general references in (3) That area lying southwest of State in this section shall be paid by check, certain of the Meat Inspection Regula­ Highway No. 20, southeast of Wescott Road, tions to other provisions of the sub­ and north of Power line, in Colusa County. draft, or money order payable to the chapter were meant to relate to Parts 1 * * * • • Treasurer of the United States and shall through 29. Addition to the subchapter (6) That area lying north of County Road be remitted promptly to the Administra­ of new Part 40, set out above, makes No. 57, south of County Road No. 53, west of tor upon furnishing to the applicant of a necessary the restriction of such refer­ County Road “M ”, and east of Glenn-Colusa statement as to the amount due. ences to Parts 1 through 29 as intended. Irrigation Canal; and that area lying south (c) The fees to be charged and col­ of County Road No. 14, north of County The foregoing amendments modify the Road No. 15, west of County Road “H ”, and lected for service under the regulations Meat Inspection regulations accordingly. in this part shall be based on the time re­ east of Olive Avenue, in Glenn County. These modifications are merely formal (7) Sec. 31, T. 7 N., R. 1 E„ HU. B. & M.; quired to render such service, including and clarifying and therefore, to the ex­ but not limited to the time required for Sec. 24, T. 4 S., R. 3 B , HU. B. & M.; Sec. 7, tent that they were not covered by the T. 2 N., R. 1 E., HU. B. & M.; Sec. 19, T. 4 S„ the travel of the inspector or inspectors notice of rule-making mentioned above, R. 4 E„ HU. B. & M.; Sec. 30, T. 8 N., R. 1 E., in connection therewith, at a rate to be it is found upon good cause under section HU. B. & M.; Sec. 17, T. 2 N., R. 1 E„ HU. B. & determined by the Chief, which shall be 4 of the Administrative Procedure Act M.; Secs. 8, 16, and 31, T. 6 N., R..1 E., HU. not more than $3.20 per hour for each (5 U. S. C. 1003) that notice and other B. & M.; and Secs. 10 and 28, T. 4 N., R. 1 W „ hour for each inspector for the time re­ HU. B. & M., in Humboldt County. public procedure thereon in accordance (8) Sec. 2, T. 14 N., R. 7 W., M. D. B. & M4 quired. with said section 4 are impracticable (d) Charges may also be made to Secs. 26 and 27, T. 14 N., R. 10 W., M. D. and unnecessary, and good cause is B & M.; and Secs. 3, 10, and 15, T. 10 N., R. cover the cost of travel and other ex­ found for making such modifications 7 W., M. D. B. & M., in Lake County. penses incurred by the Service in connec­ affective in less than 30 days. (9) Sec. 5, T. 29 N., R. 12 E„ M. D. B. & M.; tion with the furnishing of the service. and Sec. 4, T. 26 N., R. 16 E., M. D. B. & M., in (Ch. 2907, 34 Stat. 1264, sec. 306, 46 Stat. Lassen County. 2. Under the authority of the Meat In­689; 19 U. S. C. 1306, 21 U. S. C. 89) (10) Secs. 6, 19, and 20, T. 18 N., R. 17 W., spection Act, as amended (21 U. S. C. The foregoing new regulations and M. D. B. & M.; Sec. 29, T. 20 N., R. 14 W., M. D. 71-91), the Horse-Meat Act (21 U. S. C. B. & M.; Secs. 4 and 27, T. 15 N., R. 12 W., 96) and paragraphs 306 (b) and (c) of amendments shall become effective May 5, 1954. M. D. B. & M.; Secs. 3, 4, 20, and 29, T. 18 N., the Tariff Act of 1930 (19 U. S. C. 1306 R. 13 W., M. D. B. & M.; Sec. 22, T. 19 N.f (b) and (c )), the Meat Inspection Regu­ Done at Washington, D. C., this 26th R. 13 W., M. D.. B & M.; Sec. 1, T. 22 N., R. 13 lations (9 CFR Parts 1 through 29 as day of April 1954. W., M. D. B. & M.; Sec. 30, T. 13 N., R. 11 W., amended), are hereby amended as M. D. B. & M.; Sec. 31, T. 17 N., R. 12 W., M. D. follows: [ seal] M. R. C larkson, B. & M.; Sec. 20, T. 19 N., R. 17 W., M. D. Acting Administrator, B. & M.; Sec. 2, T. 13 N., R. 14 W., M. D. B. & A. The phrase “ Parts 1 through 29 of” Agricultural Research Service. M.; and Sec. 34, T. 14 N., R. 14 W., M. D. is inserted before the phrase “ this sub­ B. & M., in Mendocino County. chapter” wherever the latter appears in IP. R. Doc. 54-3237; Piled, Apr. 29, 1954; (11) Sec. 1 and N. y2 Sec. 12, T. 42 N., R. 12 the introductory portion of § 1.1; and in 8:51 a. m.] E., M. D. B. & M., in Modoc County. § 1.1 (i), (k ), and ( r ) ; § 2.2; § 4.6; § 5.4; (12) Sec. 7, T. 15 N., R. 8 E., M. D. B. & M., in Nevada County. §6.2; § 7.5 ( i ) ; § 9.1; § 9.2; § 9.3; § 9.7; (13) That area lying north and west of § 9.8; § 9.10; § 9.12; § 10.5; § 10.8; § 11.1; Subchapter C— Interstate Transportation of U. S. Highway No. 40, south of Grove Creek, § 11.17; § 16.1; § 16.2; § 16.5; § 16.11; Animals and Poultry and east of U. S. Highway No. 99 E; that §1-6.12; §16.13 (d ); §17.1 ( c ) ; §17.7; {B. A. I. Order 383, Revised, Amdt. 26] area lying north of County Road No. P10, south and east of U. S. Highway No. 40, and § 17.9; § 17.11; § 17.13; § 18.4 (b )f§ 23.1; P art 76— H og Cholera, S w in e P lague, west of County Road No. P18 and its pro­ § 23.2; § 24.7; § 25.2; § 25.4 (a ), (b) and and Other C ommunicable S w in e longation to U. S. Highway No. 40; that area .(c ); § 25.10; § 25.13; § 27.2; § 27.4; § 27.6; D iseases lying north of Flood Road, south of Dry Creek § 27.16 (b ); § 27.20 (a ); § 29.1; and § 29.9 Road, west of U. S. Highway No. 40, and S ubpart B — V esicular E xanthema B. The phrase “Parts 1 through 29 of” east of State Highway No. 49; and that area is inserted before the phrase “ this sub­ CHANGES IN AREAS QUARANTINED lying south of Colfax Iowa Hill Road, north chapter” the first time the latter phrase of Bunch Ravine Road, west of the North Pursuant to the provisions of sections Fork American River, and east of U. S. High­ appears in §§ 2.1, 4.3 and 4.5, the second 1 and 3 of the act of March 3, 1905, as way No. 40, in Placer County. time it appears in § 27.12 (d ), and the amended (21 U. S. C. 123, 125), sections (14) That area lying north of the Quincy- third time it appears in § 18.4 (a ). 1 and 2 of the act of February 2, 1903, Meadow Valley Road, south of the Oakland Friday, A p ril 30, 1954 FEDERAL REGISTER 2517

Gamp Road, and-west of Meadow Valley Oak­ (i) That part of the Town of Branford of School Street, and west of King Phillip land Camp Road, in Plumas County. lying west, south, and east of Laurel Hill Street; that part of the City of Taunton (15) W. V2 of SW. % Sec. 30, T. 32 N., Road and north of Pond Lily Stream; that lying south of East Brittania, north of R. 4 W., M. D. B. & M.; and Sec. 32, T. 32 N., part of the Town of Branford lying west of Thrasher Street, east of Washington Street, R. 5 W., M. D. B. & M., in Shasta County. Brushy Plains Road, north of Parish Farm and west of King Phillip Street; that part (16) N. y2 Sec. 23, S. y2 Sec. 14, and W. & Road, east of Todd’s Hill Road, and south of the City of Taunton lying south of Tre- of SW. % of SW. % Sec. 26, T. 45 N., R. 7 W „ of Hosley Road; and that part of the Town mont Street, north of Glebe Street, east of M. D. B. & M.; NW. % Sec. 34, T. 40 N., R. of Branford lying west of Farmington Ave­ Burt Street, and west of North Walker 4 E., M. D. B. & M.; and Secs. 1 and 12, nue, east of Plant’s Orchard, south of U. S. Street; that part of the City of Taunton T. 39 N., R. 3 W., M. D. B. & M., in Siskiyou Route No. 1, and north of Burban Drive. lying north of Spring Street, south of Cohan- County. J (ii) That part of the Town of New Haven net Street, west of Dighton Avenue, and east (17) Lot 50 of Los Molinos Subdivision 10, lying east of the Quinnipiac River and north­ of the Three Mile River; that part of the Sec. 8, T. 25 N., R. 2 W., M. D. B. & M.; and west of State Route No. 17; and that part City of Taunton lying north of Orchard that area included within a boundary begin­ of the Town of New Haven lying east of Street, south of the Taunton River, west of ning 10 miles south of Red Bluff on U. S. Eastern Street and south of State Route No. the New York, New Haven, and Hartford Highway 99W, extending 140 feet south on 80. Railroad, and east of Plain Street; and that U. S. Highway 99W, thence 100 feet east, (iii) That part of the Town of North part of the City of Taunton lying north of thence 40 feet north, thence northwest to Haven lying east of the Quinnipiac River, Seekell Street, south of Caswell Street, west the point 10 miles south of Red Bluff on west of U. S. Route No. 5A, and south of of South Precinet Street, and east of Staples U. S. Highway 99W, in Tehama County. Waterman’s Brook. Street. ***** (iv) That part of the Town of Madison (xiv) That part of the Town of Westport lying south and east of Warpas Road, north (19) NW. % Sec. 11 and E. y2 of SE. % Sec. lying east of Main Road, north of Kirby Road, of Green Hill Road, west of State Route No. 34, T. 9 N., R. 2 E., M. D. B. & M.; SE. % of west of Drift Road, and south of Old County 79, and east of Copse Road. NW. % Sec. 30, T, 10 N., R. 2 E.; M. D. B. & M.; Road; that part of the Town of Westport that area included within a boundary begin­ 4. Subdivisions (ii), (v ), (ix), (xiii),lying north of Narrow Avenue, south of State ning at a point one mile east of the inter­ Route No. 177 and Old County Road, east (x iv ), and (xvi) of subparagraph (2) of of Crandell Road, and west of Soddom Road; section of County Road No. 93 and State paragraph (e ), relating to Bristol County Highway No. 16, extending east along State that part of the Town of Westport lying Highway No. 16 for a distance of 176 yards, in Massachusetts,' are amended to read: north of Hix Bridge Road, south of Old thence north % mile, thence west 176 yards, (ii) That part of the City of Fall RiverCounty Road, east of Drift Road, and west thence south to point of origin in Sec. 33, T. lying southeast of Blossom Road, southwest - of the Westport River; and that part of the 10 N., R. 1 E., M. D. B. & M.; that area in­ of Yellow Hill Road, and north of Indian Town of Westport lying north of Hix Bridge cluded within a boundary beginning at the Town Road; that part of the City of Fall Road, south of Old County Road, west of intersection of County Roads Nos. 32 and 95, River lying north of President Avenue, south Fisher Road and White Oak Run Road, and. extending west along Road No. 32 for 176 of Driftwood Street, west of Meriden Street, east of Pine Hill Road. yards, thence south 200 yards, thence east and east of Highland Avenue; that part of • * * * * 200 yards, thence north 200 yards, thence the City of Fall River lying south of Wilson (xvi) That part of the Town of Seekonk west 24 yards to point of origin in Secs. 15 Road, north of New Boston Road, east of lying north of Asylum Street, south of County and 16, T. 8 N., R. 1 E., M. D. B. & M.; and Robeson Street, and west of Meridian Street; Street, west of Miller Street, and east of that area included within a boundary be­ and that part of the City of Fall River lying Bradley Street; that part of the Town of ginning at the intersection of County Roads north of Wilson Road, west of North Main Seekonk lying north of Ledge Road, south of Nos. 124 and 126, extending south % mile, Street, and east of the Taunton River. Newman and Woodward Avenues, west of thence west y2 mile, thence north V4 mile, ***** Runnins River, and east of Arcade Avenue; thence east to County Road No. 124, and (v) That part of the City of Norton lying and that part of the Town of Seekonk lying thence southeast along County Road No. north, south, and east of Smith Street and north of Read and Walker Streets, south of 124 to the point of origin, in Yolo County. west of Mansfield Avenue; that part of the Brown Avenue, east of Newman Avenue and Town of Norton lying northeast of Mansfield State Route No. 152, and west of Pine Street. 2. Subparagraph (1) of paragraph (c), Avenue, southwest of Elm Street, northwest relating to Hartford County in Connecti­ 5. A new subdivision (xviii) is added to of State Route No. 123, and southeast of subparagraph (2) of paragraph (e), re­ cut, is amended to read: Reservoir Street; that part of the Town of Norton lying northeast of Elm Street, north­ lating to Bristol County in Massachu­ (1) All of Hartford County except the west of State Route No. 123, southeast of setts, to read: following: Cross Street, and southwest of North Wash­ (1) That part of the Town of Bloomfield (xviii) That part of the Town of Assonet ington Street; and that part of the Town of lying southwest of Blue Hills Avenue, north lying north and east of Copecut Road, south Norton lying north of Pleasant Street and of Wintonbury Avenue, west of Bloomfield of the New York, New Haven, and Hartford State Route No. 123, south and east of Rich­ Avenue, and east of Woodland Avenue; and Railroad, and west of High Street. ardson Avenue, and west of North Worcester that part of the Town of Bloomfield lying 6. Subdivisions (xiii) and (xv) of sub- southwest of Blue Hills Avenue, west of Street. Windsor Road, northeast of Dudley Town • • • • • paragraph (3) of paragraph (e ), relating Road, and east of Bloomfield Avenue. (ix) That part of the Town of Rehobothto Essex County in Massachusetts, are (ii) That part of the Town of Enfield lying west of Reed Street, south of Provi­ amended to read: dence Street, and north and east of Peckham lying south of Farm and Wallop Roads, west (xiii) That part of the Town of Middleton of State Route No. 191, and east of the Street; that part of the Town of Rehoboth lying north of Old Fall River Avenue, west lying southwest of State Route No. 114 and Scantic River. northwest of Forest Street; that part of the (iii) That part of the Town of Manchester of Barney Avenue, east of Wheaton Avenue, and south of Allen Avenue; that part of the Town of Middleton lying northeast of State lying south of Spencer Street, west of Hills- Route No. 114 and west of Essex and School town Road, and north of Woodside Street. Town of Rehoboth lying north of Brook and Water Streets, south of Winter Street, east of Streets; and that part of the Town of Middle- (iv) -That part of the Town of Plainville ton lying north of State Route No. 62, south lying south of New Britain Avenue, north of Reed and Lake Streets, and west of School Street; that part of the Town of Rehoboth of Locust Street, and east of East Street. Woodford Street, west of Ledge Road, and ***** east of State Route No. 10. lying north of Providence Street, south of (v) That part of the Town of Rocky Hill Brook Street, east of Peckham Street, and (xv) That part of the City of Peabody lying southwest *bf Dividend Road, north of west of Wood Street; and that part of the lying northeast of Lake Street (rear), north­ Forest Street, and east of State Route No. 9. Town of Rehoboth lying north of River west of the Boston and Mainer Railroad, and (vi) That part of the Town of Simsbury Street, south of Homestead Street, west of southwest of Lake Street; that part of the lying southwest of Stratton Brook Road, west Danforth and Rocky Hill Roads, and east of City of Peabody lying north of Goodale of Canal Street, north of Sand Hill Road, and Hillside Avenue and Pine Street. Street, south of the Middleton Town Foundry, east of Bushy Hill Road and State Route • * * • •west of U. S. Route No. 1, and east of Morris Brooks; that part of the City of Peabody No. 167. (xiii) The Myles Standish State School in lying east of Farm Avenue, south of Forest (vii) That part of the Town of Wethers­ the Town of Taunton lying east of State Street, and north and west of Goldthwaite field lying south of Wells Road, north of Pros­ Route No. 140, south and west of Bassett Brook; that part of the City of Peabody Street, and north of the New York, New pect Street; west of Willow Street, and east lying north of Lowell Street and east, west, Haven, and Hartford Railroad; that part of of Goff Road. and south of Goodale Street; that part of the City of Taunton lying south of Norton the City of Peabody lying north of Winona 3. Subparagraph (2) of paragraph (c ), Avenue, west of Crane Avenue, north of the Street, south of Lowell Street, and west of New York, New Haven, and Hartford Rail­ relating to New Haven County in Con­ lakft street; that part of the City of Peabody necticut, is amended to read: road, and east of State Route No. 140; that part of the City of Taunton lying south of lying south of Forest Street, north of State (2) All of New Haven County except the Thrasher Street, north of Longmeadow and Route No. 128, east of TJ. S. Route No. 1, following: Winter Streets and U. S. Route No. 44, east and west of Farm Avenue; that part of the 2518 RULES AND REGULATIONS

City of Peabody lying south of Lynnfleld ©f Lincoln Street, and north of Winter Street; Pike, north of Plainfield Pike, west of Taylor Street, west of Lynn Street, north of Glenway and that part of the City of Waltham lying Road, and east of Green Hill Road. Street, and east of the junction of Lynnfleld south of Winter Street, east of West Street, and Glenway Streets; that part of the City and west of Lexington Street. 15. New subdivisions (hi) and (iv) are of Peabody lying northeast of Bussell Street added to subparagraph (3) of paragraph and southwest of the Boston and Maine 10. Subdivisions (iv), (xi), (xii), and (i), relating to Kent County in Rhode Railroad; that part of the Town of Peabody (xviii) of subparagraph (6) of paragraph Island, to read: lying south of State Route No. 114, north (e ), relating to Norfolk County in Massa­ (iii) That part of the Town of East Green­ of the Lowell Branch of the Boston and chusetts, are amended to read: wich lying north of Middle Road, south of Maine Railroad, east of Prospect Street, and (iv) The Town of Dedham. Frenchtown Road, east of South County west of State Route No. 128; that part of Trail, and west of Tillinghast Road. the Town of Peabody lying east of U. S. * * * ' # • (iv ) That part of the Town of West Green* Route No. 1, south of Forest Street, north (xi) That part of the Town of Randolph wich lying north of Division Street, south of of Locust Street, northwest of State Route lying east of High Street, north of Chestnut Henry Brown Road, east of Hopkins HiU Road, No. 128, and west of Farm Avenue; that part Street, west of Overlook Road, and south of and west of New London Pike. of the Town of Peabody lying north of Lynn Canton Street; that part of the Town of Street, south of Lynnfleld Street, and east Randolph lying south of Canton Street, north Effective date. The foregoing amend­ of the junction of Lynnfleld and Lynn of the Braintree Tap, Algonquin Gas Line, ment shall become effective upon issu­ Streets; that part of the Town of Peabody and west of Irving Road; that part of the ance. located on Farm Avenue, known as West Town of Randolph lying east of State Route Lot in Follet’s Wood, consisting of about No. 28; and that part of the town of Ran­ The amendment includes the follow­ 5 acres, owned and occupied by John Con- dolph included within a boundary beginning ing areas in California within the areas toni, whose address is 45 Farm Avenue; that 1500 feet south of the junction of High and in which vesicular exanthema has been part of the Town of Peabody located on Canton Streets on the west side of High found to exist and in which a quarantine Rockfarm Avenue, lying approximately 600 Street, extending 1130 feet south on High has been established: feet east of the junction of State Route No. Street, thence 240 feet west, thence 1130 feet 128 and Rockfarm Avenue, consisting of about north, and thence 240 feet east to starting That area lying south and west of Man- 5 acres, owned and occupied by John Pais; point, consisting of about 7 acres, owned by zanita Avenue, north of Sandy Gulch, and that part of the Town of Peabody lying north Harry Sargent and leased by David Haynes. east of Cactus Avenue and its prolongation of Lowell Street, south of the Lowell Branch (xii) The Town of Sharon. to Sandy Gulch, in Butte County; that area of the Boston and Maine Railroad, and west ***** lying south of County Road No. 14, north of County Road No. 15, west of County Road of Birch Street; and that part of the Town (xviii) The Town of Wrentham. of Peabody located on Lynnfleld Street, con­ “H ”, and east of Olive Avenue, in Glenn sisting of about 23 acres, owned and occu­ 11. New subdivisions (xxii) and (xxiii) County; Secs. 10 and 28, T. 4 N., R. 1 W., pied by Sancho Domingos, whose address is are added to subparagraph (6) of para­ HU. B. & M., and Secs. 8 apd 31, T. 6 N., R. 285 Lynnfleld Street. 1 E., HU, B. & M., in Humboldt County; Sec. graph (e), relating to Norfolk County 10, T. 10 N., R. 7 W., M. D. B. & M., in Lake 7. Subdivision (vi) of subparagraph in Massachusetts, to read:. County; Sec. 2, T. 13 N., R. 14 W „ M. D. (4) of paragraph (e), relating to Hamp­ ***** B. & M., and Sec. 34, T. 14 N., R. 14 W „ M. D. den County in Massachusetts, is amended (xxii) That part of the Town of Franklin B. & M., in Mendocino County; that area in­ to read: lying south of Brook Street, north of Pleasant cluded within a boundary beginning 10 miles Street, east of Lincoln Street, and west of south of Red Bluff on U. S. Highway 99W, (vi) That part of the Town of AgawamMiller Street. extending 140 feet south on U. S. Highway lying north of State Route No. 57, southwest (xxiii) That part of the Town of Medway 99W, thence 100 feet east, thence 40 feet of Westfield Road, and southeast of North­ located on the south side of Main Street north, thence northwest to the point 10 miles west Road; that part of the Town of Agawam approximately 600 feet east of the junction south of Red Bluff on U. S. Highway 99W, in lying north of School Street, south of Meadow of Main and Holliston Streets, consisting of Tehama County, California. Street, east of Main Street, and west of 63 acres owned by Francis Cassidy; and that River Road; and that part of the Town of part of the Town of Medway lying north of Hereafter, the restrictions pertaining to Agawam lying north of Suffleld Road, south State Route No. 109. the interstate movement of swine, and of Silver Lake, east of Edgewater Street, and carcasses, parts and offal of swine, from west of Mill Street. 12. Subdivisions (iv) and xviii) of sub- or through quarantined areas, contained paragraph (7) of paragraph (e ), relating 8. New subdivisions (ix) and (x) are in 9 CPR, Part 76, Subpart B, as amended to Plymouth County in Massachusetts, (18 F. R. 3636, as amended), will apply added to subparagraph (4) of paragraph are amended to read: (e), relating to Hampden County in to such areas. Massachusetts, to read: (iv) That part of the Town of Carver The amendment also excludes certain lying north of High Street, west of Plympton areas in California, Connecticut, Massa­ (ix) That part of the Town of Blandford Road, and east of Brook Street; and that part lying north of East Otis Road and State of the Town of Carver lying north of Purchase chusetts, and Rhode Island, from the Route No. 23, south of North Blandford Street and Middleboro Road. areas in which vesicular exanthema has Road, east of Blair Road, and west of George ***** been found to exist and in which a Millard Road. (xviii) That part of the Town of East quarantine has been established. Here­ (x) That part of the Town of Feeding Hills Bridgewater lying west of State Route No. 18; after, the restrictions pertaining to the lying north of Halladay Avenue, south of that part of the Town of East Bridgewater interstate movement of swine, and car­ Shoemaker Road, east of South Westfield lying north of Highland Street, south of casses, parts and offal of swine, from Street, and west of SufiQeld Road. Winter Street, east of Elm Street, and west or through quarantined areas, contained 9. Subdivisions (xxv) and (xxvii) of of Bedford Street; and that part of the in 9 CFR, Part 76, Subpart B, as amended subparagraph (5) of paragraph (e ), re­ Town of East Bridgewater lying south of (18 F. R. 3636, as am end«!), will not Plymouth and Whitm an Streets, east of lating to Middlesex County in Massachu­ East Street, and west of Bridge Street. apply to such areas. However, the re­ setts, are amended to read: strictions pertaining to such movement 13. Subparagraph (1)- of paragraph (xxv) That part of the Town of Tewksbury from non-quarantined areas, contained lying northwest of the Shawshèen River, (1) , relating to Bristol County in Rhode in said Subpart B, as amended, will apply northeast of State Route No. 38, and south Island, is amended to read: thereto. of Salem Street; that part of the Town of (1) All of Bristol County except that part The amendment imposes certain fur­ Tewksbury lying south of East Street, north of the Town of Barrington lying north and ther restrictions necessary to prevent of North Street, east of State Route No. 38, west of the Barrington River, south of Wam- the spread of vesicular exanthema, a and west of Maple Street; that part of the panaug Trail, and east of County Road. contagious, infectious, and communi­ Town of Tewksbury lying north of the Shaw- cable disease of swine, and relieves cer­ sheen River and east of State Route No. 38; 14. Subdivision (ii) of subparagraph that part of the Town of Tewksbury lying (2) of paragraph (i), relating to Provi­ tain restrictions presently imposed. The north of the Lowell Branch of the Boston and dence County in Rhode Island, is amendment must be made effective im­ Maine Railroad, west of the Portland Branch amended to read: mediately to accomplish its purpose in of the Boston and Maine Railroad, and east (ii) That part of the Town of Johnston the public interest and to be of maximum of Sutton Brook; and that part of the Town lying east of Simmonsville Avenue, northwest benefit to persons subject to the restric­ of Tewksbury lying north of Pringle Street, of Scituate Avenue, and south of Simmons­ tions which are relieved. Accordingly, east of South Street, and south of Sutton ville Lake; that part of the Town of Johnston under section 4 of the Administrative Brook. lying east of Old Pocasset Road, west of Procedure Act (5 U. S. C. 1003), it is * * * * . * Atwood Avenue, north of Central Pike, and (xxvii) That part of the City of Waltham south of U. S. Route No. 6; and that part of found upon good cause that notice and lying east of Wyman Street, south and west the Town of Johnston lying south of Shun other public procedure with respect to Friday, A p ril 30, 1954 FEDERAL REGISTER 2519 the amendment are impracticable and I t is ordered, That the said rules be on the quarterly annuity roll at the contrary to the public interest, and good and the same are hereby rescinded. Osage Agency as of the last quarterly cause is found for making it effective Issued: April 27, 1954. payment immediately preceding date of less than 30 days after publication in election will be entitled to hold office or By the Commission. the F ederal R egister. vote for any tribal officer. No person shall be permitted to cast more than one (Sec. 7, 23 Stat. 32, as amended, secs. 1, [ s e a l ] R obert M . P a r r ish , 2, 32 Stat. 791-792, as amended, secs. 1, 3, Secretary. vote on his own account: Provided, That 33 Stat. 1264, as amended, 1265, as amended; whenever any qualified elector shall be [F. R. Doc. 54-3236; Filed, Apr. 29, 1954; absent from Osage County for any rea­ 21 U. S. C. 111-113, 117, 120, 123, 125) > 8:51 a. m.] son on the date appointed by law for the Done at Washington, D. C., this 23d holding of a quadrennial tribal election, day of April 1954. TITLE 24— HOUSING AND or cannot appear at the polls because of [ s e a l ] M. R. C lar k so n , sickness or physical disability on that Acting Administrator, HOUSING CREDIT date, such elector shall be entitled at Agricultural Research Service. Subtitle A— Office of the Administra­ such election to exercise the right of suffrage in the manner and form pre­ [F. R. Doc. 54-3238; Filed, Apr. 29, 1954; tor, Housing and Home Finance scribed in this part. 8:51 a. m.] Agency § 18.5 Applications for absentee "bal­ P art 1—T im e fo r D is p o s it io n o f L a n h a m lots. All applications for absentee bal­ TITLE 14— CIVIL AVIATION A ct H o u s in g lots shall be made in writing by the e x c e pt io n s absentee elector to the superintendent of Chapter I— Civil Aeronautics Board Osage Agency. It shall be the duty of Housing and Home Finance Admin­ ’Subchapter A— Civil Air Regulations the superintendent, upon receipt of said istrator’s Regulation “Part 1—Time for application, to forward all supplies, affi­ [Supp. I ] Disposition of Lanham * Act Housing” davits, and ballots, as required by this P art 52—R epair S t a t io n C ertificates (originally published at 18 F. R. 4043, part, to said absentee elector, not more July 10, 1953, and amended at 18 F. R. than 30 days before any election provided pe n e t r a n t t y p e in s p e c t io n procedures 7271, November 17,1953) issued pursuant for in this part, except that supplies, Penetrant type inspection procedures to delegation of authority under Execu­ affidavits, and ballots may be mailed to and methods have been developed to a tive Order 10462, dated June 19,1953 (18 absentee electors residing outside the point where they may be recognized as F. R. 3613) to perform the functions continental limits of the United States at adequate inspection aids. Hence, the vested in the President by section 611 of any time after the issuance of the elec­ following amendments to Part 52 are Public Law 849, 76th Congress, 54 Stat. tion proclamation. - The superintendent adopted in order to establish a magnetic 1125, as amended (42 U. S. C. 1521), is shall maintain a file of all applications and penetrant rating for repair stations: hereby further amended by amending received together with a record of the Sections 52.27-1 (c) (9) and 52.37-1 § 1.5 to rea,d as follows: names and addresses of all persons to (b) (1) as published in 17 F. R. 5002, § 1.5 Exceptions. . Notwithstanding whom absentee ballots are mailed, in­ June 4, 1952, are amended by substitut­ any other provision in this part, the cluding date of mailing, and shall write ing the word “ penetrant” for “fluores­ Public Housing Commissioner may ex­ across the margin of each such ballot the cent” wherever the word appears in each tend, with respect to a particular hous­ words “Absentee Ballot,” with the date section. ing project or projects, the time within of issuance marked thereunder. (Sec. 205, 52 Stat. 984; 49 U. S. C. 425. which any action is required or permitted § 18.6 Execution of instrument au­ Interpret or apply secs. 607, 608, 52 Stat. to be taken by § 1.1 or § 1.2 where he thorizing elector to cast ballot for ab­ 1011, as amended; 49 U. S. C. 557, 558) determines (after considering the needs sentee. Any qualified absent elector who of national defense and the effect of such desires to exercise the right of suffrage This amendment shall become effec­ extension upon the general housing situ­ tive April 30, 1954. shall, by an instrument in writing, exe­ ation and the national economy) that cuted by him at any time after the issu­ [ s e a l] F. B. L e e , special circumstances warrant such ex­ ance of the election proclamation and Administrator of Civil Aeronautics. tension in the public interest. prior to the date of any quadrennial (See. 11, 54 Stat. 1128; 42 U. S. C. 1548) tribal election, authorize any elector of [F. R. Doc. 54-3240; Filed, Apr. 29, 1954; 8:52 a. m.] Effective as of the 31st day of March the tribe to cast for him his vote, or 1954. ballot, in the manner prescribed in this part, for all officers for whom he would [ se al] A lbert M . C o l e , TITLE 16— COMMERCIAL have a right to vote if he were present at Housing and Home Finance such election; said instrument shall be PRACTICES Administrator. signed by such absent elector, and sworn [F. R. Doc. 54-3223; Filed, Apr. 29, 1954; Chapter I— Federal Trade Commission to before the clerk of a court of record or 8:49 a. m.] notary public, or other officer or person [File No. 21-214] authorized to administer oaths. P art 100— C l e a n in g an d D y e in g I n d u s ­ TITLE 25— INDIANS § 18.7 Affidavit by absent elector. t r y , P ennsylvania a n d A d j o in in g The said absent elector shall make and T er r ito r y Chapter I— Bureau of Indian Affairs, subscribe an affidavit in the form or of Department of the Interior the effect following: r e s c is s io n o f part Subchapter D— Election of Officers of the Osage I, A. B., do solemnly swear (or affirm) that Whereas, the Commission on January Tribe I am a member of the Osage Tribe of Indians; 11, 1934, promulgated trade practice that I will be twenty-one years of age or rules for the Cleaning and Dyeing In ­ P art 18— R e g u l a t io n s G o v e r n in g t h e over at the election date; that I am now a dustry, Pennsylvania and adjoining ter­ E l e c t io n o f O fficers o f t h e O sage resident o f ______; and that I will T r ibe be unavoidably absent, from Osage County, ritory, which were codified in the Code Oklahoma, because of------(that of Federal Regulations (16 CFR Part MISCELLANEOUS AMENDMENTS I am incapacitated by illness or physical 100); and disability), and wiU be unable to appear at A p r il Whereas, the above-mentioned rules 26,1954. the polls in Pawhuska, Oklahoma, on election are general in form and in many respects Sections 18.4 to 18.7 of Part 18 Title day. are now^inaccurate; and 25, Code of Federal Regulations, are Whereas, it appears that the business amended to read as follows: Subscribed and sworn to before me this ______day of ______19— . of this industry is largely intrastate and § 18.4 Qualifications of electors. involves rendition of services rather than Only members of the Osage Tribe, 21 Provided, however, That any elector in­ the sale of commodities: years of age or over, whose names appear capacitated because of illness or physical

\ 2520 RULES AND REGULATIONS disability and seeking an absentee ballot States should be notified at once in order (b) Government checks which are shall obtain from an attending physician that proper correction may be made. presented by disbursing officers in ex­ change for cash should be handled out­ a certificate stating that the elector is 2. By revising § 202.18 to read as fol­ physically incapacitated and cannot ap­ lows: side of the Treasurer’s General Account pear at the polls. Such certificate shall through normal channels. The Treas­ accompany the absentee ballot as pre­ § 202.18 Uncollected and lost checks urer of the United States, upon special scribed in this section. in connection with deposits for credit to request, will advise active general depos­ (Sec. 7, 45 Stat. 1481) the account of the Treasurer of the itaries as to whether the balances to the United States. The procedure set forth credit of the disbursing officers are suffi­ G l e n n L. E m m o n s , in § 202.12 (except § 202.12 (c), (i) and cient for the payment of the checks pre­ Commissioner, (j) shall apply in the event cheeks, drafts sented. In those cases in which active Bureau of Indian Affairs. or other items included in deposits with general depositaries deem it necessary to A pril 26, 1954. active general depositaries are uncollect­ obtain immediate credit for such Gov­ ible or lost. In lieu of following the ernment checks, the procedure outlined [P. R. Doc. 54-3206; Piled, Apr. 29, 1954; procedure set forth in § 202.12 (c), the in § 202.22 may be followed. 8:45 a. m.] depositary shall transmit on the date the (c) All other Government checks shall charge is made in the Treasurer’s ac­ be handled outside of the Treasurer’s TITLE 31— MONEY AND count the original of each executed Form General Account through normal chan­ 5504 (Revised)—Debit Voucher to the nels. FINANCE: TREASURY Federal Reserve Bank or branch of the (d) Shipments of Government checks district in which the depositary is lo­ to^ Federal Reserve Banks and branches Chapter II— Fiscal Service, Depart­ cated, under cover of the prescribed under cover of the prescribed transcript ment of the Treasury transcript on which the debit appears. will be covered under the Government Subchapter A— Bureau of Accounts All other copies in the set will be distrib­ Losses in Shipment Act, provided the de­ uted in accordance with instructions positary retains copies of the transcripts P art 202— D e p o sit o p P u b l ic M o n e y s appearing on the face thereof. containing a description of the checks* a n d P a y m e n t o f G o v e r n m e n t C h e c k s 3. By revising § 202.19 to read as fol­ 5, By revising § 202.22 to read as fol­ MISCELLANEOUS AMENDMENTS lows: lows: Part 202, Subchapter A, Chapter II, § 2Q2.19 Transfer of net receipts. § 202.22 Obtaining immediate credit Title 31 of the Code of Federal Regula­ Each general depositary shall forward at for Government checks presented by dis­ tions of the United States of America the close of business each day on which bursing officers in exchange for cash. In.. (appearing also as Treasury Department there are transactions in the Treasurer’s those cases in which -active general de­ Circular No. 176 (Revised) dated De­ General Account, to the Federal Reserve positaries deem it necessary to obtain cember 21, 1945, as amended) is hereby Bank or branch of the district in which immediate credit for Government checks amended in the following respects: the depositary is located, the net amount presented by disbursing officers in ex­ 1. By revising paragraph (d) of § 202.6of the day’s transactions in funds avail­ change for cash, the following procedure to read as follows: able for immediate credit to the Treas­ may be followed: The depositary may (d) Disposition of original and copies.urer’s account by such Federal Reserve request the Treasurer of the United The original of each certificate of de­ Bank or branch, under cover of the pre­ States by wire (prepaid), stating the posit shall be transmitted at the close of scribed transcript on which the trans­ check number, symbol number and business on the day it is received by a actions appear. amount of the check, to place, to the general depositary to the Federal Re­ 4. By revising § 202.21 to read as fol­ credit of the depositary an amount equal serve Bank or branch of the district in lows: to the amount of the check. The Treas­ which the depositary is located, under urer of the United States will place the cover of the prescribed transcript on § 202.21 Cashing and handling of funds to the credit of the depositary which the credit appears. Federal Re­ checks drawn on the Treasurer of the by either of the following methods, as serve Banks will prepare a consolidated United States. Active general deposi­ may be requested by the depositary, by transcript of transactions with general taries shall not charge any Government directing the appropriate Federal Re­ depositaries in its district and transmit checks in the Treasurer’s General Ac­ serve Bank by wire to credit (a) the the original certificates of deposit to the count maintained on their books and depositary bank’s reserve account, or (b) Treasurer of the United States under shall handle them as follows: a correspondent bank in any city where cover of such consolidated transcript. (a) Government checks (1) issued fora Federal Reserve Bank is located, for The original of each certificate of de­ the purpose of transferring funds from the account of the depositary bank. Im­ posit received directly from depositors one disbursing officer to another, dr from mediately upon directing such transfer, by Federal Reserve Banks shall be trans­ one account of a disbursing officer to the Treasurer will advise the depositary mitted to the Treasurer of the United another account; or (2) drawn by a bank by wire (prepaid), and the deposi­ States by the Federal Reserve Bank with disbursing officer for the purpose of tary will take up the amount on the same its own separate transcript of the Treas­ depositing the amounts, of such Govern­ date as a credit to the Treasurer’s Gen­ urer’s account on which the credit ap­ ment checks to the credit of the Treas­ eral Account on its books. The check pears. Federal Reserve Banks may be urer of the United States'; which" are presented by the disbursing officer will authorized by the Treasury Department received in deposits of Government offi­ then be used as payment in remitting to transmit certain original certificates cers, shall be appropriately endorsed and the amount of the deposit (transfer of of deposit and other documents to speci­ used by depositaries as part or full pay­ funds) to the Federal Reserve Bank, in fied Treasury offices other than the Office ment in remitting the net amount of the the manner described in §202.21. day’s transactions to the Federal Reserve of the Treasurer of the United States. 6. By deleting § 202.26. The copies of the certificate of deposit Bank or branch of the district in which in the set should be distributed in ac­ the depositary is located, without charg­ The provisions of this amendment cordance with the instructions printed ing such checks in the Treasurer’s Gen­ shall become effective upon receipt by thereon. In no case shall a duplicate or eral Account. This will be accomplished the general depositaries and Federal Re­ second set of certificates be issued with­ by listing the checks in the prescribed serve Banks of specific instructions out special authority of the Secretary of transcript and forwarding them, together from the Treasury Department relating the Treasury, unless and until the entire with the related certificates of deposit thereto. included in the transcript to the Federal original set has been canceled; however, Reserve Bank or branch, in part or full (Sec. 10, 56 Stat. 356; 12 U. S. C. 265) copies of any certificate in a set may be payment of the net amount of the day’s furnished on request provided each such [ s e a l ] A. N. O v e r b y , transactions. In effect, this will permit Acting Secretary of the Treasury. copy is plainly stamped across the face depositaries to receive immediate credit in large letters “Copy”. If an error is for these specific Government checks A pril 26, 1954. discovered after the original has been without charging them in the Treasurer’s IF. R. Doc. 54-3227; Filed, Apr. 29, 1954; mailed, the Treasurer of the United General Account. 8:50 a. m.] Friday, A p ril 30, 1954 FEDERAL REGISTER 2521

TITLE 43— PUBLIC LANDS: Cl) When requested by a court, if the lized Tribes, as authorized by section 9 copy will serve as a substitute for per­ of the act of April 26,1906 (34 Stat. 136); INTERIOR sonal appearance in court of a Govern­ or for copies of aerial or other photo­ graphs and mosaics sold by the Geologi­ Subtitle A — Office o f the Secretary of ment witness. (2) To press, radio, television, and cal Survey; or with the exception of the the Interior newsreel representatives for dissemina­ charges for transcripts or copies of offi­ P art 2— R ecords a n d T e s t im o n y tion to the general public. cial records furnished by the managers (3) To donors with respect to the of the land offices or the land and survey c h ar g es; g eneral r u le s original of their gift, individuals or asso­ offices, to other charges specifically Section 2.4 of Part 2 i? amended to ciations having an official voluntary or established by statute. read as follows: cooperative relationship to an agency (Sec. 2, 37 Stat. 498; 5 U. S. C. 489. Inter­ in rendering assistance toward its work, § 2.4 Charges; general rules, (a) prets or applies sec. 1, 35 Stat. 989, as amend­ or national governments and interna­ ed; sec. 1, 37 Stat. 497, as amended, 65 Stat. The Chief Clerk of the Department shall tional agencies when furnishing the' 290; 43 U. S. C. 45, 5 U. S. C. 488, 140) establish charges, or prescribe the service without charge is an appropriate method of computing charges, to be col­ D o u g las M cK a y , courtesy* Secretary of the Interior. lected by all bureaus and offices for fur­ (4) To agencies of State and local nishing copies of official records, except governments which are carrying on a A p r il 23, 1954. as otherwise provided in this section. function related to that of the Federal Such charges shall be equal to the cost of [F. R. Doc. 54-3208; Filed, Apr. 29, 1954; agency involved, when furnishing the 8:46 a. m.] producing the copies plus the cost of service will help to accomplish an objec­ administrative services involved in han­ tive of the Federal agency. dling the records for such purpose. (5) When furnishing the service free (b) A charge of 25 cents may be made saves costs or yields income equal to the P art 2—R ecords an d T e s t im o n y for each certificate or verification at­ direct costs of the agency providing the tached to authenticated copies of official service. This category includes cases c h a r g e s; s p e c if ic rates records furnished to the public. where the fee for the service would be (c) No charge shall be made for fur­ Section 2.4a, reading as follows, is included in a billing against the Gov­ added to Part 2: nishing unauthorized copies of any ernment (for example, in cost-type rules, regulations, or instructions printed contracts, or in the case of private phy­ § 2.4a Charges; specific rates, (a) by the Government for gratuitous dis­ sicians who are treating Government Except as otherwise provided or permit­ tribution. beneficiaries at Government expense). ted in § 2.4 and this section, on and (d) No charge shall be made for the (6) When furnishing the service free after May 3, 1954, a basic charge of making or verifying of copies of official is in conformance with generally estab­ $1.00 per sheet shall be collected by all records which are required for official lished business custom, such as furnish­ bureaus and offices of the Department use by the officers of any branch of the ing personal reference data to prospec­ of the Interior for furnishing copies of Government. tive employers of former Government official records, including authentication (e) No charge shall be made for fur­ employees. thereof when required. nishing one copy of a personal document (7) To the extent of one copy, to those (b) If the request for copies of official (e. g., a birth certificate) to a person who require copies of records or infor­ records is of such an unusual nature that who has been required to furnish it for mation from the records in order to the basic charge established for them retention by an agency of the Depart­ obtain financial benefits to which they would be either excessive, or insufficient ment. may be entitled (e. g., veterans or their to cover the entire cost of searching for (f ) A copy of the transcript of a hear­ dependents, employees with workmen’s and reproducing the records, the charge ing before a security hearing board shall compensation claims, or persons insured shall be actual cost of search and repro­ upon request be furnished without by the Government). duction plus 25 percent adjusted to the charge to the employee for whom the (8) When a service is occasional and nearest 5 cents. hearing was held or to his counsel. incidental, not a type that is requested (Sec. 2, 37 Stat. 49$ 5 U. S. C. 489. Interprets (g) Money received from the collec­ often, and if it is administratively deter­ or applies sec. 1, 35 Stat. 989, as amended; tion of charges fixed under this section mined that a fee would be inappropri­ sec. 1, 37 Stat. 497, as amended, 65 Stat. 290; shall be deposited in the Treasury to the ate in such an occasional case. 4a U. S. O. 45, 5 U. S. C. 488, 140) credit of the appropriation current and '( i ) The authority of the Chief Clerk chargeable for the cost of furnishing the to establish charges under paragraph F l o y d E. D o t s o n , copies. (a) of this section does not extend to Chief Clerk. A p r il 26, 1954. (h) At the discretion of the head of a the establishment of fees or charges for bureau or office or his designee, copies copies of records pertaining to the en­ [F. R. Doc. 54-3209; Filed, Apr. 29, 1954; of official records may be provided free: rollment of members of the Five Civi­ 8:46 a. m.]

PROPOSED RULE MAKING

DEPARTMENT OF AGRICULTURE tice and procedure, as amended, govern­ recently amended Agriculture and Mar­ ing the formulation of marketing agree­ kets law of the State of New York. The Agricultural Marketing Service ments and marketing orders (7 CFR Milk Dealers’ Association of Metropoli­ Part 900), notice is hereby given- of a tan New. York, Inc. has proposed that [ 7 CFR Part 927 1 public hearing to be held at the Hotel the milk equivalent of the butterfat used [Docket No. AO-71-A-27] Syracuse in Syracuse, New York on May in such “ half and half” be classified the 6,1954, beginning at 10:00 a. m., e. d. s. t., same as at present when used for cream. H a n d lin g o f M i l k i n t h e N e w Y o r k for the purpose of receiving evidence This proposed amendment has not re­ M etropolitan M i l k M a r k e t in g A rea with respect to the amendment of the ceived the approval of the Secretary of NOTICE OF HEARING ON PROPOSED AMEND­ tentative marketing agreement and the A&riculture. MENTS TO TENTATIVE AGREEMENT AND TO order, as amended, regulating the han­ Copies of this notice of hearing, the ORDER, AS AMENDED dling of milk in the New York metro­ said order, as amended, and the said Pursuant to the provisions of the politan milk marketing area so as to tentative marketing agreement may be Agricultural Marketing Agreement Act provide for the appropriate classification procured from the Market Administrator, of 1937, as amended (7 U. S. C. 601 et and pricing of milk used in “half and 205 East Forty-second Street, New York seq.), and the applicable rules of prae- half” as such product is defined in the 17, New York, or from the Hearing Clerk, No. 84------3 2522 PROPOSED RULE MAKING

United States Department of Agricul­ and ship stations operating on fre­ Lakes, was not appreciated until after ture, Room 1353, South Building, Wash­ quencies not open to public correspond­ the time for filing comments had ex-, ington, D. C., or may be there inspected. ence, Docket No. 10904. pired, and; Dated: April 27, 1954, at Washington, At a session of the Federal Communi­ It further appearing that the peti­ D. C. cations Commission held at its offices tioners’ requests for an extension of in Washington, D. C., on the 21st day time in which to file comments in this [ s e a l ] R o y W. L e n n a r t s o n , of April 1954; proceeding are reasonable ; and that the Deputy Administrator. The Commission having under con­ public interest would be served by an [F. R. Doc. 54-3220; Piled, Apr. 29, 1954; sideration a petition filed by the Lorain extension until May 1,1954 ; 8:48 a. m.] County Radio Corporation and a peti­ I t is ordered. That the petition of tion filed by the Lake Carriers’ Associa­ Lorain County Radio Corporation and tion in the above-entitled proceeding, the petition of the Lake Carriers’ Asso­ FEDERAL COMMUNICATIONS both requesting an extension of time in ciation are granted and the time for which to file comments directed to the filing comments in the above-entitled COMMISSION Commission’s notice of proposed rule proceeding is hereby extended from l 47 CFR Parts 7, 8 ] making in this docket; M?irch 22, 1954 to May 1, 1954. Reply It appearing that, in the case of the comments must be filed on or before [Docket No. 10904] Lorain County Radio Corporation, due May 10,1954. C oast a n d S h ip S t a t io n s O pe r a tin g o n to inadvertence or error, actual notice Released:,April 27, 1954. . F r e q u e n c ie s N ot O p e n t o P u b l ic of the proposal in this docket was not C orrespondence received until April 8, 1954 (closing date F ederal C ommunications C o m m is s io n , ELIGIBILITY FOR LICENSES for filing comments was March 22, 1954) ; and, in the case of the Lake Car­ [ s e a l ] W m. P. M a s s in g , In the matter of amendment of Parts riers’ Association, the significance of the Acting Secretary. 7 apd 8 of the Commission’s rules re­ proposed rule making, as it would affect [F. R. Doc. 54-3228; Filed, Apr. 29, 1954; garding eligibility for licenses for coast procedures now in use on the Great 8:50 a. m.]

NOTICES

DEPARTMENT OF COMMERCE In the absence of receipt of any such (d) $1,400 per man for 10-year-life request for hearing and petition for leave barracks, and Federal Maritime Board and Maritime to intervene, the Federal Maritime (e) $5,000 per man for bachelor officer Administration Board/Maritime Administrator will take quarters. such action with respect to the applica­ 2. All determinations heretofore made [Docket No. S-50] tion as may be deemed appropriate. by thé Assistant Secretary of Defense for P a c if ic F ar E ast L in e , I n c . Dated: April 27, 1954. Properties and Installations of imprac­ NOTICE OF APPLICATION ticability of application of such limita­ By order of the Federal Maritime tions are ratified and confirmed. Notice is hereby given of the applica­ Board/Maritime Administrator. tion of Pacific Far East Line, Inc., seek­ C. E. W il s o n , ing the written permission of the Federal [ s e a l ] G e o . A. V ie h m a n n , Secretary of Defense. Assistant Secretary. Maritime Board/Maritime Administra­ A p r il 16,1954. tor under section 805 (a ), Merchant Ma­ [F. R. Doc. 54-3224; Piled, Apr. 29, 1954; 8:49 a. m.] [F. R. Doc. 54-3203; Filed, Apr. 29, 1954; rine Act, 1936, as amended, 46 U. S. C. 8:45 a. m.] 1223, (1) to act as General Agent for Coastwise Line’s Pacific coastwise and Alaskan services, or for such services DEPARTMENT OF DEFENSE operated in combination with Coastwise S ecretaries o f A r m y , N a v y , an d A ir F orce Office of the Secretary Line’s service between United States Pa­ EXPIRATION OF CERTAIN DELEGATIONS OF cific Coast ports and British Columbia; A s s is t a n t S ecretary o f D e f e n s e for AUTHORITY and (2) to charter to Coastwise Line ves­ P roperties and I nstallations The following delegations of authority, sels owned or chartered by Pacific Far DELEGATION OF AUTHORITY WITH RESPECT TO based on the provisions of section 21, East Line, Inc., for operation by Coast­ Universal Military Training and Service wise Line from United States Pacific APPLICATION OF CERTAIN STATUTORY LIM­ ITATIONS ON UNIT COSTS FOR CONSTRUC­ Act, as amended, are no longer valid, Northwest and/or British Columbia ports since the authority referred to expired to California. TION OF WAREHOUSING, BARRACKS AND BACHELOR OFFICER QUARTERS July 1, 1953. These delegations were Under the provisions of section 805 (a ), published in the “Notices” section of the the Federal Maritime Board/Maritime By virtue of the authority vested in me F ederal R egister. Administrator may not grant any such as Secretary of Defense, the following 1. Delegation of Authority to the Sec­ application if they find it will result in delegation of authority is hereby made: retaries of Army, Navy, and Air Force to unfair competition to any person, firm 1. There is delegated to the Assistant Order Members and Units of Reserve or corporation operating exclusively in Secretary of Defense for Properties and Components into Active Federal Service, the coastwise or intercoastal service, or Installations the authority vested in the /s/ Robert A. Lovett, Acting Secretary of that it will be prejudicial to the objects Secretary of Defense by section 508 of Defense, July 31, 1951, appearing at and policy of the act. the act of August 7, 1953 (Pub. Law 209, 16 F. R. 6968; Any person, firm or corporation hav­ 83d Congress; 67 Stat. 440, 452) to de­ 2. Delegation of Authority to the Sec­ ing any interest in such application and termine that, because of special circum­ retary of the Army to Order Members desiring a hearing on issues pertinent stances, it is impracticable to apply to a and Units of Reserve Components into to section 805 (a) should notify the Sec­ building construction project authorized Active Federal Service, /s/ Robert A. retary, Federal Maritime Board/Mari­ by said act of August 7,1953, the follow­ Lovett, Acting Secretary of Defense, time Administration, Washington 25, ing limitations on unit costs: ■ August 24, 1951, appearing at 16 F. R. D. C., on or before May 10, 1954, and (a) $20 per square foot for cold stor­ 8747; should file petitions for leave to intervene age housing, 3. Delegation of Authority to the Sec­ in accordance with § 201.74 of the Fed­ (b) $6 per square foot for regular retary of the Air Force to Order Members eral Maritime Board/Maritime Admin­ housing, and Units of Reserve Components into istration’s rules of procedure (18 F. R. (c) $1,700 per man for permanent Active Federal Service, /s/ William C. 3716). barracks, Foster, Acting Secretary of Defense, Friday, A p ril 30, 1954 FEDERAL REGISTER 2523

March ,28, 1952, appearing at 17 F. R. The application is on file with the Com­ thereon not having been requested of 3113, and mission for public inspection. or ordered by the Commission; and 4. Delegation of Authority to the Sec­ The Commission finding that the ap­ [ s e a l ] L e o n M . F u q u a y , plicable provisions of the act and the retary of the Army to Order Members Secretary. and Units of Reserve Components into rules thereunder are satisfied, that it is Active Federal Service, /s/ Robert A. [F. R. Doc. 54-3210; Filed, Apr. 29, 1954; not necessary to impose terms and con­ Lovett, Secretary of Defense, appearing 8:46 a. m.] ditions other than those set forth below, at 17 P. R. 9109. that the fees and expenses, if they do not exceed the estimates, are not unreason­ M aurice W . R o c h e , SECURITIES AND EXCHANGE able, and that the declaration, as Administrative Secretary. COMMISSION amended, should be permitted to become [P. R. Doc. 54-3204; Filed," Apr. 29, 1954; effective forthwith: 8:45 a. m.] [File No. 70-3238] I t is ordered, Pursuant to Rule U-23 and the applicable provisions of the act, D e la w a r e P o w e r & L ig h t C o . that said declaration, as amended, be, ORDER REGARDING ISSUANCE AND SALE OF and the same hereby is, permitted to S ecretaries o p t h e M il it a r y PRINCIPAL AMOUNT OF FIRST MORTGAGE become effective forthwith, subject to the D e par tm e n t s AND COLLATERAL TRUST BONDS AT COM­ terms and conditions prescribed in Rule PETITIVE BIDDING U-24 and Rule U-50. DELEGATION OP AUTHORITY TO ENTER INTO AGREEMENTS WITH CLAIMANTS IN FULL A p r il 26, 1954. By the Commission. SETTLEMENT AND COMPROMISE OF CLAIMS Delaware Power & Light Company [ s e a l] O rval L. D u B o is , AGAINST THE UNITED STATES UNDER THE (“Delaware”) , a registered holding com­ Secretary. PROVISIONS OP SECTION 517 OF THE MU­ pany and a public utility company, has TUAL SECURITY ACT OP 1951, AS AMENDED [F. R. Doc. 54-3211; Filed, Apr. 29, 1954; filed with this Commission a declaration 8:46 a. m.] The Secretaries of the Military De­ and an amendment thereto pursuant to partments are hereby authorized to ex­ section 7 of the Public Utility Holding ercise the power and authority conferred Company Act of 1935 ( “act” ) and Rule FEDERAL COMMUNICATIONS by subsection (c) of section 517 of said U-50 promulgated thereunder, regarding act to enter into agreements with claim­ certain transactions, which are sum­ COMMISSION ants in full settlement and compromise marized as follows; [Docket Nos. 10667, 10668] of any claim against the United States Delaware proposes to issue and sell at competitive bidding $10,000,000 principal S traits B roadcasting C o . and M id ­ under said section 517, subject to such w e s t e r n B roadcasting C o . rules and regulations, if any, as the Sec­ amount of its First Mortgage and Col­ retary of Defense may promulgate from lateral Trust Bonds,_Percent Series ORDER POSTPONING HEARING DATE time to time. due 1984. The bonds are to be issued under and secured by the Mortgage and > In re applications of Richard E. Hunt, The Secretaries of the Military De­ tr/as Straits Broadcasting Company, partments are authorized to redelegate Deed of Trust of Delaware to The New York Trust Company, Trustee, dated as Cheboygan, Michigan, Docket No. 10667, in writing, to any officer, employee, board File No. BP-8753; Midwestern Broadcast­ or agent of their respective departments of October 1* 1943, and indentures sup­ plemental thereto, and by a further ing Company, Cheboygan, Michigan, the power and authority conferred by Docket No. 10668, File No. BP-8795; for said subsection. supplemental indenture to be dated as of May 1, 1954. The price to Delaware construction permits. C. E. W il s o n , The Commission having by order pre­ Secretary of Defense. for the bonds (which shall be not less than 100 percent nor more than 102% viously designated the above-entitled matter for hearing on April 20, 1954; A pril 15, 1954. percent of the principal amount thereof) and the coupon rate (which shall be a and [F. R. Doc. 54-3205; Filed, Apr. 29, 1954; • It appearing that one of the applicants 8:45 a. m.] multiple of Ya of 1 percent) are to be determined by competitive bidding. has filed a motion to dismiss its appli­ The net proceeds from the sale of the cation; and It further appearing that this not a FEDERAL POWER COMMISSION bonds are to be used for additions and improvements of Delaware’s properties matter to be retained in hearing in the event the motion is granted; [Project No. 713] and also the properties of its subsidiaries. The declaration, as amended, states It is hereby ordered, This 19th day of U tah P o w e r & L ig h t C o. that the issue and sale of the bonds have April 1954, that the hearing conference pursuant to § 1.841 of the Commission’s notice o p application for a m e n d m e n t o p been expressly authorized by the Public Service Commission of Delaware. rules heretofore scheduled to be held LICENSE on April 20, 1954, be and it hereby is Fees and expenses of Delaware are postponed indefinitely. A p r il 23, 1954. estimated as follows: F ederal C ommunications Public notice is hereby given that Utah Accounting services (Lybrand, Ross Power & Light Company, of Salt Lake Bros. & Montgomery) ______$5,000 C o m m is s io n , City, Utah, has filed application under Legal services, company counsel (Berl [ s e a l] M a r y J a n e M orris, the Federal Power Act (16 U. S. C. 791a- Potter & Anderson)______7, 500 Secretary. Financial advisor (Drexel & Co.)___ 3, 000 825r) for amendment of the license for [F. R. DOC. 54-3229; Filed, Apr. 29, 1954; waterpower Project No. 713, located on Securities and Exchange Commission filing fee______1,035 8:50 a. m.] Mill Creek in Salt Lake City, Utah, to Issuance taxes______II, 000 show the reconstruction of the Upper Fees and expenses of trustee______7,000 Mill Creek dam and intake and to ex­ Prin tin g______,______14, 000 clude from the license that part of the Printing and engraving of bonds____ 8, 000 [Docket Nos. 10719, 10720, 10993] project known as the Lower Mill Creek Listing fees.______2, 200 plant, which has been nonoperative since Miscellaneous___*______6,265 W h it e R adio C o . e t a l . 1949 and will be abandoned. The Upper order c o n t in u in g h e a r in g Total ______65,000 Mill Creek plant, including its appurte­ In re applications of W. Erie White, nant works, will remain as it presently The fees and expenses of Townsend, exists. tr/as White Radio Company, Wichita Elliot & Munson, counsel for the pur­ Falls, Texas, Docket No. 10719, File No. Protests or petitions to intervene may chasers, are estimated at $7,150, which BP-8615; Lawton Broadcasting Com­ be filed with the Federal Power Com­ amount is to be paid by the successful pany, Lawton, Oklahoma, Docket No. mission, Washington 25, D. C., in ac­ bidders. 10720, File No. BP-10720; Progressive cordance with the rules of practice and Notice of the filing of said declaration Broadcasting Company, Lawton, Okla­ Procedure of the Commission (18 CFR having been given in the manner pre­ homa, Docket No. 10993, File No. B P - 1*8 or 1.10) on or before June 3, 1954. scribed by Rule U-23 and a hearing 9122; for construction permits. 2524 NOTICES

The Commission having under con­ [Docket Nos. 10965, 10966] It further appearing that a hearing on sideration a petition for postponement April 23, as scheduled, would serve no S e a t o n P u b l is h in g C o . an d S trand of hearing filed April 19, 1954, by Pro­ useful purpose; A m u s e m e n t C o . gressive Broadcasting Company, re­ I t is accordingly ordered, This 21st day questing that the hearing in the above- ORDER POSTPONING HEARING DATE of April 1954, by the Examiner, on his entitled applications, presently sched­ own motion, that the hearing conference uled to commence May 4,1954, at Wash­ In re applications of The Seaton Pub­ pursuant to § 1.841 of the Commission’s ington, D. C., be postponed until May lishing Company, Hastings, Nebraska, rules, heretofore scheduled to be held on 12, 1954; and Docket No. 10965, File No. BPCT-1265; April 23, 1954, be and it hereby is post­ It appearing that all participants in Strand Amusement Company, Hastings, poned indefinitely. this proceeding have interposed no ob­ Nebraska, Docket No. 10966, File No. BPCT-1272; for construction permits for F ederal C ommunications jection to the grant of the instant peti­ C o m m is s io n , tion, and that the time for filing such new television stations. The Commission having by order pre­ [ s e a l ] W m . P. M a s s in g , opposition under the provisions of Acting Secretary. §§ 1.745 and 1.746 of the Commission’s viously designated the above-entitled rules has expired ; matter for hearing to be held on April [F. R. Doc. 54-3232; Filed, Apr. 29, 1954; I t is ordered', This 23d day of April, 23, 1954, and 8:51 a. m.] 1954, that the petition of Progressive It appearing to the Examiner that a Broadcasting Company is granted, and principal of the applicant, Seaton Pub­ the hearing date in the above-entitled lishing Company, whose attention has [Change List 1] matter is continued from May 4, 1954, been in the recent past and will be in the C u b a n R a d io S t a t io n s to May 12, 1954, at 10:00 a. m. in Wash­ immediate future required to be devoted ington, D. C. to matters pertaining to the national de­ c h a n g e s, modifications a n d d e let io n s fense and that as a consequence, certain J a n u a r y 27, 1954. F ederal C ommunications features of the presentation of the case C o m m is s io n , Notification of new Cuban Radio Sta­ have not been prepared; and tions, and of changes, modification and [ s e a l] M a r y J a n e M o rris, It further appearing that the other ap­ Secretary. deletions of existing stations, in accord­ plicant, Strand Amusement Company, ance with Part m , section F, of the ,[F, R. Doc. 54-3230; Filed, Apr. 29, 1954; has, by letter, asked that its application North American Regional Broadcasting 8:50 a. m.] be dismissed; and Agreement, Washington, D. C., 1950.

R epublic op Cuba

[Docket No. 10945] Proposed Call date of C arthage B roadcasting Co. Location Power (kw.) An­ Sched­ change or letters tenna ule Class commence­ ORDER CONTINUING HEARING ment of operation In re application of Lloyd C. McKenney & John J. Daly d/b as Carthage Broad­ 94O kilocycles casting Company, Fort Scott, Kansas, for New...... Santa Clara, Las Villas.__ . ... 0.26 DA-N Ü n July 7,1961 construction permit; Docket No. 10945, File No. BP-8948. 990 kilocycles The Commission having before it a New_____ Pinár del Rio, P. R. (provisional author­ 0.25 ND JJ n Do. petition filed April 16, 1954, by Carthage ization). Broadcasting Company for cancellation Î110 kilocycles of the prehearing conference now sched­ New_____ Guantanamo, Oriente (provisional author­ 0.25 __ ND V n Do. uled for April 20, 1954, and for a continv ization). uance of the hearing now scheduled for April 22, 1954, until May 3, 1954, or some F ederal C ommunications C o m m is s io n , date within the week of May 3,1954, most [ s e a l] W m . P. M a s s in g , suitable to the Examiner; and Acting Secretary. It appearing that the reason for the [F. R. Doc. 54-3233; Filed, Aprf29, 1954; 8:51 a. m.J request by Carthage Broadcasting Com­ pany is to enable it to obtain sufficient time in which to prepare, together with required engineering data, a petition for [Change List 3] leave to amend the application to an­ other frequency and removal from the C u b a n R adio S t a t io n s hearing docket; and c h a n g e s , modifications and d e l e t io n s It further appearing that the Exam­ A pril 3, 1954. iner’s docket does not now permit a spe­ Notification of new Cuban Radio Stations, and of changes, modification and cific date being scheduled for hearing at deletions of existing stations, in accordance with Part IH, section F, of the North the time or during the week requested; American Regional Broadcasting Agreement, Washington, D. C., 1950. and It further appearing that Protestant Cuba and the Chief, Broadcast Bureau have consented to a waiver of the four-day Proposed date of change Call letters Location Power (kw.) Anten­ Sched­ Class or commencement of rule; na ule operation It is ordered, This 19th day of April 1954, that the petition is granted, that 1110 kilocycles the prehearing conference is cancelled, New____ 0.25D/0.1N.... ND V n Correction of notifica­ and that the hearing herein is continued tion on List No. 1, Jan. until a date to be scheduled in a later 27, 1954. order. UtO kilocycles F ederal C ommunications New_____ Camaguey, Camagney 0.25 ... ND V IV C o m m is s io n , [ s e a l ] M a r y J a n e M o r r is, F ederal C ommunications C o m m is s io n , Secretary. [ s e a l] M a r y Ja n e M o rris, [F. R. Doc. 54-3231; Filed, Apr. 29, 1954; Secretary. 8:50 a. m.] [F . R. Doc. 54-3234; Filed, Apr. 29, 1954; 8:51 a. m .] Friday, A p ril 30, 1954 FEDERAL REGISTER 2525

[Change List 167] DEPARTMENT OF THE INTERIOR M e x ic a n B roadcast S t a t io n s Bureau of Land Management LIST OF CHANGES, PROPOSED CHANGES, AND CORRECTIONS IN ASSIGNMENTS A rk ansas NOTICE OF PROPOSED WITHDRAWAL AND A p r il 3, 1954. RESERVATION OF LANDS Notification under the provisions of Part III, section 2 of the North American Regional Broadcasting Agreement. A p r il 26, 1954. List of changes, proposed changes, and corrections in assignments of Mexican An application, serial number BLM 036992, for the withdrawal from all Broadcast Stations modifying the appendix containing assignments of Mexican forms of appropriation under the public Broadcast Stations (Mimeograph 47214-6) attached to the recommendations of land laws, except mineral-leasing laws the North American Regional Broadcasting Agreement Engineering Meeting, of the lands described below was filed January 30, 1941. on March 25,1954, by the Department of M exico Agriculture. The purposes of the pro­ posed withdrawal: Recreation area. Probable For a period of 30 days from the date date of of publication of this notice, persons An­ Call Location Power (kw.) Sched­ Class ehange or letters tenna ule commence­ having^ cause to object to the proposed ment of Withdrawal may present their objections operation in writing to the Regional Administra­ tor, Region VI, Bureau of Land Man­ 680 kilocycles agement, Department of the Interior at XTCFT 5 kw-250 w___ D/N P IV May 3,1954 Washington 25, D. C. In case any ob­ XEHA-— C. Camargo, Chihuahua (delete assign­ jection is filed and the nature of the ment; see 1440 kc.). 690 kilocycles opposition is such as to warrant it, a public hearing will be held at a con­ HEHQ---- 1 kw______ND P m - B Do. venient time and place, which will be 600 kilocycles announced, where opponents to the or­ der may state their views and where XEWZ.— Guanajuato, Guanajuato (previously on 610 25ft w______ND u IV Do. kc.). proponents of the order can explain its XTCTQ Lagos de Moreno, Jalisco (delete; see 1,110 250 w______ND u IV Do. purpose. kc.). 610 kilocycles The determination of the Secretary on the application will be published in 250 w ...... ND IV x e w z ...: Guanajuato, Guanajuato (delete; see 600 p Do. the F ederal R egister, either in the form kc.). « 700 kilocycles of a public, land order or in the form of a Notice of Determination if the ap­ 500 w______D n Do. plication is rejected. In either case, a 820 kilocycles separate notice will be sent to each in­ 1,000 w...... D n Oct. 3,1954 terested party of record. The lands involved in the application 1,110 kilocycles are: F if t h P r in c ip a l M e r id ia n YTTTQ Lagos de Moreno, Jalisco (previously 600 250 w ______ND D n May 3,1954 kc.; reduction in time of operation). T. 13 N., R. 18 W., 1,940 kilocycles Sec. 6, Si/2SWi/4S E ^ and S%N%SWi4' 250 w u IV Oct. 3,1954 SE14. 1,870 kilocycles H . S. P r ic e , Regional Administrator. D/N u r v Do. [F. R. Doc. 54-3207; Filed, Apf. 29, 1954; 1880 kilocycles 8:46 a. m.] XEMX__ Mexico, D. F. (correction in classification).. ND u TTT-A May 3, 1954 250 w _____ UIV Oct. 3, 1954 141/0 kilocycles INTERSTATE COMMERCE XEHA___ 5 kw-1 kw___ D/N U m-A May 3,1954 COMMISSION XEFI C hihuahua, Chihuahua (delete assignment; [4th Sec. Application 29179] see 580 kc/s). 1450 kilocycles' Low G rade P e t r o l e u m P r o d ucts > XEPY™ Ensenada, Baja California (change in call 100 w _ _ U IV Do. B e t w e e n P o in t s i n T exas letters from XESS). XESS. Ensenada, Baja California (change in call 100 w ___ U IV Do. APPLICATION FOR RELIEF letters from XEFY). . 1470 kilocycles A p r il 26, 1954. The Commission is in receipt of the ?EHI.___. Ciudad Miguel Aleman, Tamaulipas (now 500 w-250 w__ D/N U IV Do. in operation). above-entitled and numbered applica­ 1640 kilocycles tion for relief from the long-and-short- New 500 w ____ . D TL Oct. 3,1954 haul provision of section 4 (1) of the Interstate Commerce Act. Filed by: Lee Douglass, Agent, for 1FCC records show X E F Y only at this location and on this frequency. carriers parties to schedule listed below. F ederal C ommunications C o m m is s io n , Commodities involved: Petroleum [ seal] M a r y Ja n e M o r r is, road oil, petroleum distillate fuel oil, Secretary. petroleum residual fuel and other low grade petroleum products, in tank-car [F. R. Doc. 54-3235; Filed, Apr. 29,1954; 8:51 a. m.1 loads. 2526 NOTICES

Between: Points in Texas. hearing, upon a request filed within that Grounds for relief: Rail competition, Grounds for relief: Rail competition, period, may be held subsequently. circuity, to maintain grouping, and to apply rates constructed on the basis of circuity, to meet intrastate rates, and By the Commission. to apply rates constructed on the basis the short line distance formula. of the short line distance formula. [ s e a l ] ' G eorge W . L aird, Schedules filed containing proposed Schedules filed containing proposed Secretary. rates: C. A. Spaninger, Agent, I. C. C. rates; Lee Douglass, Agent, I. C. C. No. [F. R. Doc. 54-3188; Filed, Apr. 28, 1954; No. 1260, supp. 61. 845, supp. 4. 8:49 a. m.] Any interested person desiring the Any interested person desiring the Commission to hold a hearing upon such Commission to hold a hearing upon such application shall request thé Commis­ sion in writing so to do within 15 days application shall request the Commis­ [4th Sec. Application 29181] sion in writing so to do within 15 days from the date of this notice. As pro­ from the date of this notice. As pro­ S oda A s h F r o m D etr o it and W y a n d o t t e , vided by the general rules of practice of vided by the general rules of practice of M ic h ., an d P a in e s v il l e a n d P e r r y, the Commission, Rule 73, persons other the Commission, Rule 73, persons other O h io , t o L e x in g t o n , K y . than applicants should fairly disclose than applicants should fairly disclose APPLICATION FOR RELIEF their interest, and the position they in­ their interest, and the position they in­ tend to take at the hearing with respect tend to take at the hearing with respect A p r il 26, 1954. to the application. Otherwise the Com­ to the application. Otherwise the Com­ The Commission is in receipt of the mission, in ité discretion, may proceed to mission, in its discretion, may proceed above-entitled and numbered applica­ investigate and determine the matters to investigate and determine the matters tion for relief from the long-and-short- involved in such application without fur­ involved in such application without fur­ haul provision of section 4 (1) of the ther or formal hearing. If because of ther or formal hearing. I f because of Interstate Commerce Act. an emergency a grant of temporary re­ an emergency a grant of temporary relief Filed by: H. R. Hinsch, Agent, for car­ lief is found to be necessary before the is found to be necessary before the expi­ riers parties to his tariff I. C. C. No. 4510, expiration of the 15-day period, a hear­ ration of the 15-day period, a hearing, pursuant to fourth-section order No. ing, upon a request filed within that upon a request filed within that period, 17220. period, may be held subsequently. may be held subsequently. Commodities involved: Soda ash, car­ By the Commission. loads. By the Commission. From: Detroit and Wyandotte, Mich., [ s e a l ] G eorge W . L aird, [ s e a l ] G eorge W . L aird, Painesville and Perry, Ohio. - Secretary. Secretary. To: Lexington, Ky. [F. R. Doc^ 54-3190; Filed, Apr. 28, 1954; [P. R. Doc. 54-3187; Piled, Apr. 28, 1954; Grounds for relief: Competition with 8:49 a. m.J 8:48 a. m.J rail carriers and circuitous routes. Any interested person desiring the Commission to hold a hearing upon such application shall request the Commis­ [4th Sec. Application 29183] [4th Sec. Application 29180] sion in writing so to do within 15 days from the date of this notice. As provided B ar ite (B a r y t e s ) F r o m P o in t s i n M is ­ C ar bo n T etrachloride a n d O th er C h e m ­ by the general rules of practice of the s o u r i a n d A r k an sas to L o u is ia n a and ic a l s P r o m M ic h ig a n and W est V ir ­ Commission, Rule 73, persons other than T e x a s g in ia to P o in t s i n T r u n k -L i n e and applicants should fairly disclose their APPLICATION FOR RELIEF N e w E n g la n d T erritories interest, and the position they inténd to A p r il 27, 1954. application for r e l ie f take at the hearing with respect to the application. Otherwise the Commission, The Commission is in receipt of the A p r il 26, 1954. in its discretion, may proceed to investi­ above-entitled and numbered applica­ The Commission is in receipt of the gate and determine the matters involved tion for relief from the long-and-short- above-entitled and numbered applica­ in such application without further or haul provision of section 4 (1) of the tion for relief from the long-and-short- formal hearing. I f because of an emer­ Interstate Commerce Act. haul provision of section 4 (1) of the gency a grant of temporary relief is found Filed by: F. C. Kratzmeir, Agent, for Interstate Commerce Act. to be necessary before the expiration of carriers parties to schedule listed below. Piled by : H. R. Hinsch, Alternate the 15-day period, a hearing, upon a re­ Commodities involved: Barite (bary­ Agent, for carriers parties to his tariff quest filed within that period, may be tes), ground and crude in carloads. I. C. C. No. 4542, pursuant to fourth-sec­ held subsequently. From: Cadet, Fountain Farm, Mineral tion order No. 17220. Point, Potosi and Tiff, Mo., and Butter­ Commodities involved: Carbon tetra­ By the Commission. field, Malvern and National, Ark. chloride and other commodities, car­ [ s e a l ] G eorge W. L aird, To: Points in Louisiana and Texas. loads and tank-car loads. Secretary. Grounds for relief: Rail competition, Prom: Points in Michigan and West circuity, market competition, and foreign Virginia. [F. R. Doc. 54-2189; Filed, Apr. 28, 1964; 8:49 a. m.] competition. To: Points in trunk-line and New Schedules filed containing proposed England territories. rates: F. C. Kratzmeir, Agent, I. C. C. Grounds for relief: Competition with [4th Sec. Application 29182] No. 4092, supp. 4. rail carriers, and circuitous routes. Any interested person desiring the Any interested person desiring the W o o d p u lp F r o m D o c t o r t o w n a n d J e s s u p , Commission to hold a hearing upon such Commission to hold a hearing upon such G a., to W e ste r n T r u n k -L i n e T e r r i­ application shall request the Commission application shall request the Commis­ t o r y in writing so to do within 15 days from sion in writing so to do within 15 days APPLICATION FOR RELIEF the date of this notice. As provided from the date of this notice. As provided by the general rules of practice of the A?r il 26, 1954. by the general rules of practice of the Commission, Rule 73, persons other than Commission, Rule 73, persons other than The Commission is in receipt of the applicants should fairly disclose their in­ applicants should fairly disclose their above-entitled and numbered application terest, and the position they intend to interest, and the position they intend for. relief from the long-and-short-haul take at the hearing with respect to the to take at the hearing with respect to provision of section 4 (1) of the Inter­ application. Otherwise the Commission, the application. Otherwise the Commis­ state Commerce Act. sion, in its discretion, may proceed to Filed by: R. E. Boyle, Jr., Agent, for in its discretion, may proceed to in­ investigate and determiné the matters carriers parties to schedule listed below. vestigate and determine the matters in­ involved in such application without Commodities involved: Woodpulp, car­ volved in such application without further or formal hearing. I f because loads. further or formal hearing. I f because of of an emergency a grant of temporary From: Doctortown and Jessup, Ga. an emergency a grant of temporary re­ relief is found to be necessary before To: Specified points in western trunk­ lief is found to be necessary before the the expiration of the 15-day period, a line territory. expiration of the 15-day period, a hear-. Friday, 5 A p ril SO, 1954 FEDERAL REGISTER 2527 ing, upon a request filed within that for relief from the long-and-short-haul the general rules of practice of the Com­ period, may be held subsequently. provision of section 4 (1) of the Inter­ mission, Rule 73, persons other than state Commerce Act. applicants should fairly disclose their By the Commission. Filed by: F. C. Kratzmeir, Agent, for interest, and the position they intend [ seal] G eorge W. L aird, carriers parties to Agent W. P. Emerson, to take at the hearing with respect to Secretary. Jr.’s tariff I. C. C. No. 417, pursuant to the application. Otherwise the Com­ fourth-section order No. 16101. mission, in its discretion, may proceed [P. R. Doc. 54-3212; Piled, Apr. 29, 1954; to investigate and determine the matters 8:47 a. m.l Commodities involved: Caustic soda, in solution, in tank-car loads. involved in such application without From: Baton Rouge and North Baton further or formal hearing. I f because Rouge, La. of an emergency a grant of temporary relief is found to be necessary before the [4th Sec. Application 29184] To: Jacksonville and Tuscola, 111. Grounds for relief: Rail competition, expiration of the 15-day period, a hear­ A l u m in u m B il l e t s , E t c ., F rom C h a l - circuity, and operation through higher­ ing, upon a request filed within that m ette an d N e w O r l e a n s , L a., to C i n ­ rated territory. period, may be held subsequently. c in n a t i, C o l u m b u s , and H e a t h , O h io Any interested person desiring the By the Commission. APPLICATION FOR RELIEF Commission to hold a hearing upon such application shall request the Commission [ s e a l ] G eorge W. L a ir d , A p r il 27, 1954. in writing so to do within 15 days from Secretary. The Commission is in receipt of the the date of this notice. As provided by above-entitled and numbered application [F. R. Doc. 54-3215; Filed, Apr. 29, 1954; the general rules of practice of the Com­ 8:47 a. m.] for relief from the long-and-short-haul mission, Rule 73, persons other than provision of section 4 (1) of the Inter­ applicants should fairly disclose their state Commerce Act. interest, and the position they intend to Filed by: F. C. Kratzmeir, Agent, for take at the hearing with respect to the [4th Sec. Application 29187] carriers parties to W. P. Emerson Jr.’s application. Otherwise the Commission, tariff I. C. C. 417 pursuant to fourth- in its discretion, may proceed to inves­ M e r ch and ise i n M ix e d C arloads F r o m section order No, 16101. tigate and determine the matters in­ S t . L o u is , M o ., and E ast S t . L o u is , I I I . , Commodities involved: Aluminum bil­ volved in such application without fur­ to G u l f p o r t and H a t t ie s b u r g , M is s . lets, blooms, ingots or slabs, loose or in ther or formal hearing. I f because of packages, carloads. an emergency a grant of temporary relief application for r e lie f From: Chalmette and New Orleans, is found to be necessary before the expi­ A p r il 27, 1954. La. ration of the 15-day period, a hearing, To: Cincinnati, Columbus, and Heath, The Commission is in receipt of the upon a request filed within that period, above-entitled and numbered application Ohio. may be held subsequently. Grounds for relief: Rail competition, for relief from the long-and-short-haul circuity, and operation through higher­ By the Commission. provision of section 4 (1) of the Inter­ rated territory. . state Commerce Act. [ s e a l ] G eorge W. L aird, Filed by: R. K Boyle, Jr., Agent, for Any interested person desiring the Secretary. Commission to hold a hearing upon carriers parties to* schedule listed below. such application shall request the Com­ [F. R. Doc. 54-3214; Filed, Apr. 29, 1954; Commodities involved: Merchandise in mission in writing so to do within 15 8:47 a. m..] mixed carloads. days from the daxe of this notice. As From: St. Louis, Mo., and East St. provided by the general rules of practice Louis, 111. of the Commission, Rule 73, persons To: Gulfport and Hattiesburg, Miss. other than applicants should fairly dis­ . [4th Sec. Application 29186] Grounds for relief: Competition with close their interest, and the position rail carriers and circuitous routes. B it u m in o u s F in e C oal F r o m C l in t o n and they intend to take at the hearing with Schedules filed containing proposed L in t o n , I n d ., to N o b l e s v ill e and D a v in , respect to the application. Otherwise rates: C. A. Spaninger, Agent, I. C. C. the Commission, in its discretion, may I n d . No. 1305, supp. 45. proceed to investigate and determine the application for r e l ie f Any interested person desiring the matters involved in such application Commission to hold a hearing upon such without further or formal hearing. I f A p r il 27, 1954. application shall request the Commission because o f an emergency a grant of The Commission Is in receipt of the in writing so to do within 15 days from temporary relief is found to be necessary above-entitled and numbered application the date of this notice. As provided by before the expiration of the 15-day pe­ for relief from the long-and-short-haul the general rules of practice of the Com­ riod, a hearing, upon a request filed provision of section 4 (1) of the Inter­ mission, Rule 73, persons other than within that period, may be held subse­ state Commerce Act. applicants should fairly disclose their quently. Filed by: R. G. Raasch, Agent, for car­ interest, and the position they intend to riers parties to schedule listed below. take at the hearing with respect to the By the Commission. application. Otherwise the Commission, Commodities involved: Bituminous in its discretion, may proceed to investi­ [ seal] G eorge W. L aird, fine coal, carloads. Secretary. gate and determine the matters involved From: Mines in the Clinton and Lin­ in such application without further or [F. R. Doc. 54-3213; Filed, Apr. 29, 1954; ton, Ind., districts. 8:47 a. m.] formal hearing. If because of an emer­ To: Noblesville, and Davin, Ind. gency a grant of temporary relief is Grounds for relief: Competition with found to be necessary before the expira­ rail carriers, circuitous routes, and to tion of the 15-day period, a hearing, upon [4th Sec. Application 29185] meet intrastate rates. a request filed within that period, may Schedules filed containing proposed be held subsequently. Caustic S oda F r o m B a t o n R o u g e an d rates: R. G. Raasch, Agent, I. C. C. No. N orth B a t o n R o u g e , L a ., to J a c k s o n ­ 728, supp. 24. By the Commission. v il l e and T u s c o la , I I I . Any interested person desiring the APPLICATION FOR RELIEF [ s e a l] G eorge W. L aird, Commission to hold a hearing upon such Secretary. A p r il 27, 1954. application shall request the Commission The Commission is in receipt of the in writing so to do within 15 days from [F. R. Doc. 54-3216; > Filed, Apr. 29, 1954; above-entitled and numbered application the date of this notice. As provided by 8:47 a. m .] 2528 NOTICES

[4th Sec. Application 29188] [4th Sec. Application 29189] [4th Sec. Application 29190]

P e t r o l e u m P roducts F r o m J acksonville R u bber T ir es F r o m M e m p h is , T e n n ., to T ir e a n d T u b e M ater ial F r o m S o u t h e r n t o M e lb o u r n e , F l a . C e n t e r L in e , M ic h . t o O f f ic ia l a n d I l l in o is T erritories

APPLICATION FOR RELIEF application fo r r e l ie f APPLICATION FOR RELIEF

A p r il 27, 1954. * A p r il 27, 1954. A p r il 27, 1954. The Commission is in receipt of the The Commission is in receipt of the The Commission is in receipt of the above-entitled and numbered applica­ above-entitled and numbered applica­ above-entitled and numbered applica­ tion for relief from the long-and-short- tion for relief from the long-and-short- tion for relief from the long-and-short- haul provision of section 4 (1) of the haul provision of section 4 (1) of the haul provision of section 4 (1) of the Interstate Commerce Act. Interstate Commerce Act. Interstate Commerce Act. Filed by: R. E. Boyle, Jr., Agent, for Filed by: R. E. Boyle, Jr., Agent, for Filed by: R. E. Boyle, Jr., Agent, for carriers parties to schedules listed below. carriers parties to schedule listed below. carriers parties to Agent C. A. Spanin- Commodities involved: Gasoline, kero­ Commodities involved: Tires, artifi­ ger’s tariffs I. C. C. Nos. 1324 and 1351. sene, distillate fuel oil and other petro­ cial, guayule, natural, neoprene or syn­ Commodities involved: Tire and tube leum products. thetic rubber, pneumatic, and parts, car­ repair material, consisting of rubber or From: Jacksonville, Fla. loads. rubber impregnated fabric, also kindred To: Melbourne, Fla. From: Memphis, Tenn. articles, carloads. Grounds for relief: Rail competition, To: Center Line, Mich. From: Points in southern territory. circuity, competition with motor carri­ Grounds for relief: Rail competition, To: Points in official and Illinois ter­ ers, and to meet intrastate rates. circuity, to apply rates constructed on ritories. Schedules filed containing proposed the basis of the short line distance for­ Grounds for relief: Rail competition, rates: C. A. Spaninger, Agent, I. C. C. mula, and additional destination. , circuity, to apply rates constructed on No. 1253, supp. 145. Schedules filed containing -proposed the basis of the short line distance for­ Any interested person desiring the rates: C. A. Spaninger, Agent, I. C. C. mula, and analogous* articles. Commission to hold a hearing upon such N o -1351, supp. 70. Any interested person desiring the Any interested person desiring the application shall request the Commission Commission to hold a hearing upon such Commission to hold a hearing upon such application shall request the Commis­ in writing so to do within 15 days from application shall request the Commission sion in writing so to do within 15 days the date of this notice. As provided by in writing so to do within 15 days from from the date of this notice. As pro­ the general rules of practice of the Com­ the date of this notice. As provided by vided by the general rules of practice of mission, Rule 73, persons other than the general rules of practice of the Com­ the Commission, Rule 73, persons other applicants should fairly disclose their mission, Rule 73, persons other than ap­ than applicants should fairly disclose interest, and the position they intend to plicants should fairly disclose their in­ their interest, and the position they in­ take at the hearing with respect to the terest, and the position they intend , to tend to take at the hearing with respect application. Otherwise the Commission, take at the hearing with respect to the to the application. Otherwise the Com­ in its discretion, may proceed to investi­ application. Otherwise the Commission, mission, in its discretion, may proceed to gate and determine the matters involved in its discretion, may proceed to investi­ investigate and determine the matters in such application Without further or gate and determine the matters involved involved in such application without fur­ formal hearing. I f because of an emer­ in such application without further or ther or formal hearing. I f because of an formal hearing. I f because of an emer­ gency a grant of temporary relief is emergency a grant of temporary relief gency a grant of temporary relief is is found to be necfssary before the found to be necessary before the expira­ found to be necessary before the expira­ expiration of the 15-day period, a hear­ tion of the 15-day period, a hearing, upon tion of the 15-day period, a hearing, a request filed within that period, may be upon a request filed within that period, ing, upon a request filed within that held subsequently. may be held subsequently. period, may be held subsequently. By the Commission. By the Commission. By the Commission.

[ s e a l ! G eorge W . L aird, [ s e a l] G eorge W. L aird, [ s e a l] G eorge W. L aird, Secretary.. Secretary. Secretary. IF. R. Doc. 54-3217; Filed, Apr. 29, 1954; [F. R. Doc. 54-3218; Filed, Apr. 29, 1954; [F. R. Doc. 54-3219; Filed, Apr. 29, 1954; 8:47 a. m.] 8:48 a.m .] 8:48 a. m.)

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