^ O N A L ^

VOLUME 24 1 9 3 4 ^ NUMBER 233 ^ V l T E O ^

Washington, Tuesday, December 1, 1959

seal as the official seal of the National CONTENTS Title 3— THE PRESIDENT Aeronautics and Space Administration. Executive Order 10849 D w ig h t D . E is e n h o w e r THE PRESIDENT ESTABLISHING A SEAL FOR THE T h e W h it e H o u s e , Executive Orders PaSe November 27, 1959. Amendment of Executive Order NATIONAL AERONAUTICS AND No. 10530, providing for the per­ SPACE ADMINISTRATION [F.R. Doc. 59-10142; Filed, Nov. 30, 1959; 9:35 a.m .] formance of certain -functions WHEREAS the Administrator of the vested in or subject to the ap­ National Aeronautics and Space Admin­ proval of the President______9565 istration has caused to be made, and has Delegating the authority of the recommended that I approve, a seal for President with respect to vari­ Executive Orcfer 10850 ous allowances to certain Gov­ the National Aeronautics and Space Ad- ernment personnel on foreign ministration, the design of which ac­ MODIFYING THE EXTERIOR BOUND­ ARIES OF CERTAIN NATIONAL duty------9565 companies and is hereby made a part of Enlarging the Chattahoochee, this order, and which is described as FORESTS IN ALABAMA, FLORIDA, Kisatchie, Holly Springs, and follows: LOUISIANA, MISSISSIPPI, NORTH Ouachita National Forests_____ 9563 On a disc of the blue sky strewn with CAROLINA, OKLAHOMA, AND Establishing a seal for the Na­ white stars, to dexter a large yellow sphere SOUTH CAROLINA tional Aeronautics and Space bearing a red flight symbol apex in upper Administration______9559 sinister and wings enveloping and casting WHEREAS certain areas of land Extension of the application of a gray-blue shadow upon the sphere, all chiefly in private ownership were in­ the Federal Aviation Act of partially encircled with a horizontal white cluded within the exterior boundaries of orbit, in sinister a small light-blue sphere; 1958_____ 9565 certain national forests in the States of Inspection of income tax returns circumscribing the disc a white band edged Alabama, Florida, Louisiana, Mississippi, gold inscribed “National Aeronautics and by the Senate Committee on the Space Administration U.S.A,” in red letters. North Carolina, Oklahoma, and South Judiciary______9565 Carolina, in anticipation of acquisition Modifying the exterior boundaries AND WHEREAS It appears that such of such lands by the United States for of certain National forests in seal is of suitable design and appropriate national-forest purposes, pursuant to Alabama, Florida, Louisiana,. for establishment as the official seal of section 7 of the act of March 1, 1911, 36 Mississippi, North Carolina, the National Aeronautics and Space Stat. 962, as amended (16 U.S.C. 516); Oklahoma, and South Carolina- 9559 Administration: and NOW, THEREFORE, by virtue of the WHEREAS, because of changes in land EXECUTIVE AGENCIES use and for other reasons, it is no longer authority vested in me as President of Agricultural Conservation Pro­ the United States^ I hereby approve such desirable that such lands be acquired for national-forest purposes, and they may gram Service properly be excluded from the exterior Rules and regulations: boundaries of the national forests; and Agricultural conservation; WHEREAS the United States has ac­ Puerto Rico; 1960______9568 quired through exchange under authority Agricultural Marketing Service of Title H I of the Bankhead-Jones Farm Notices: Tenant Act (50 Stat. 525), as amended Barton Livestock Commission (7 U.S.C. 1010-1012), certain lands adja­ Co. et al.; proposed posting of cent to the Apalachicola National Forest stockyards______9589 in Florida, and through exchange or by Raleigh Stock Yards et al.; de­ purchase under authority of the act of posting of stockyards______9589 March 1,1911, as amended, certain lands Rules and regulations: adjacent to the De Soto National Forest Milk in certain marketing areas: in Mississippi and the Kisatchie National Greater Boston, Springfield, Forest in Louisiana; and and Worcester, Mass______9567 North Texas______9568 WHEREAS the lands thus acquired are St. Louis, Mo______9567 suitable for national-forest purposes and Poultry and poultry products can be most effectively administered as inspection; miscellaneous (Continued on p. 9561) amendments______9566 9559 9560 THE PRESIDENT

CONTENTS— Continued CONTENTS— Continued Federal Aviation Agency Page Treasury Department page Rules and regulations: See also Foreign Assets Control; Designation of Federal airway Internal Revenue Service. and reporting points------9581 Notices: RE public 7-7500 Extension 3261 Determination of no sales at less Federal Home Loan Bank Board . than fair value: Published daily, except Sundays, Mondays, Rules and regulations: Aluminurii foil from West and days following official Federal holidays, Definitions; organization of G erm any ------9588 by the Office of the Federal Register, National banks; additional directors Rayon staple fiber from Archives and Records Service, General Serv­ and miscellaneous amend- Austria______9588 ices Administration, pursuant to the au­ ments ______9578 thority contained in the Federal Register Act, Operations; grace periods with W age and Hour Division approved July 26, 1935 (49 Stat. 500, as respect to withdrawals------9580 Rules and regulations: amended; 44 U.S.C., ch. 8B ), under regula­ Textile and hosiery industries in tions prescribed by the Administrative Com­ Federal Power Commission Puerto Rico; wage order giv­ mittee of the Federal Register, approved by Notices : the President. Distribution is made only by ing effect to recommenda­ Hearings, etc.: tions (2 documents)______9585 the Superintendent of Documents, Govern­ Abercrombie, J. S., Mineral ment Printing Office, Washington 25, D.C. Co., Inc______— 9590 The Federal R egister will be furnished by CODIFICATION GUIDE mail to subscribers, free of postage, for $1.50 Idaho Power Co------— y 9590 per month or $15.00 per year, payable in Johnston, Charles B., Jr------9590 A numerical list of the parts of the Code advance. The charge for individual copies Pacific Northwest Pipeline of Federal Regulations affected by documents (minimum 15 cents) varies in proportion to Corp. and El Paso Natural published in this issue. Proposed rules, as the size of the issue. Remit check or money Gas Co______9591 opposed to final actions, are identified as order, made payable to the Superintendent Sinclair Oil & Gas Co. et al— 9591 such. of Documents, directly to the Government Socony Mobil Oil Co------9591 A Cumulative Codification Guide covering printing Office, Washington 25, D.C. the current month appears at the end of each The regulatory material appearing herein Swearingen, W. P., et al----- 9592 issue beginning with the second issue of the is keyed to the "Code of Federal R egulations, Federal Trade Commission month. JTjfrwr which is published, under 50 titles, pursuant Rules and regulations : to section 11 of .the Federal Register Act, as 3 CFR Page amended August 5, 1953. The Code of Fed­ Jewelry industry; miscellaneous eral Regulations is sold by the Superin­ amendments------9581 Proclamations: ' x tendent of Documents. Prices of books and Foreign Assets Control Dec. 18, 1907 (modified by EO pocket supplements vary. 10850)______9559 There aré no restrictions on the re­ Notices: Nov. 24, 1908 (modified by EO publication of material appearing in the Importation of certain mer­ chandise; available certifica­ 10850)______— 9559 Federal Register, or the Code óf Federal Apr. 17, 1911 (modified by EO egulations tions by the Governments of R . 10850),—______9559 Spain and the Republic of Jan. 15, 1918 (modified by EO K o r e a ------9588 10850)______9559 CONTENTS— Continued Housing and Home Finance Oct. 17, 1927 (modified by EO 10850)______9559 Agriculture Department Page Agency Notices : 1349 (modified by EO 10850) _ 9559 See Agricultural Conservation Regional Director, Community 2169 (modified by EO 10850)- 9559 Program Service; Agricultural Facilities Activities (Philadel­ 2173 (modified by EO 10850) _ 9559 Marketing Service; Commodity phia) ; redelegation of au­ 2174 (modified by EO 10850) _ 9559 Credit Corporation; Commodity thority.------9592 2178 (modified by EO 10850)- 9559 Stabilization Service. % 2187 (modified by EO 10850) _ 9559 Interior Department 2188 (modified by EO 10850) _ 9559 Army Department See Land Management Bureau. See Engineers Corps. 2189 (modified by EO 10850) _ 9559 Internal Revenue Service 21S0 (modified by EO 10850)- 9559 Atomic Energy Commission Proposed rule making: 2285 (modified by EO 10850) _ 9559 Notices : Scientific organizations; tax­ 2289 (modified by EO 10850) _ 9559 Worcester Polytechnic Insti­ able years beginning after 2293 (modified by EO 10850) _ 9559 tute; construction permit—— 9590 Dec. 31, 1953______9587 Executive orders: Rules and regulations: 3820 (modified by EO 10850) _ 9559 Civil Aeronautics Board Income tax; taxable years be­ 4436 (modified by EO 10850) _ 9559 Rules and regulations; ginning after Dec. 31, 1953; 5814 (modified by EO 10850) _ 9559 International air freight for­ miscellaneous amendments __ 9582 7443 (modified by EO 10850) _ 9559 warders; classification and Interstate Commerce Commis­ 7908 (see EO 10851) — :------9563 exemption; extension of op­ 8531 (see EO 10851)______9563 erating authority------9580 sion 10000 (see EO 10853)------9565 Notices : 10011 (amended by EO Commodity Credit Corporation Fourth section applications for 10853)______9565 Notices: r e lie f------9593 10530 (amended by EO Peanuts; applicability of certain Motor carrier transfer proceed­ 10852)______— r - ---- 9565 provisions______9589 ings ------— 9593 10849 ______9559 Commodity Stabilization Service Labor Department 10850 ______9559 See Wage and Hour Division. 10851______—----- 9563 Rules and regulations : Land Management Bureau 1C852_____ 9565 Rice; State acreage allotments; 10853 ______9565 1960-61 marketing year------9567 Rules and regulations: 10854 __ 9565 Public land orders: 10855 ______9565 Defense Department Id ah o------9586 See Engineers Corps. W yom ing______9586 7 CFR Engineers Corps Renegotiation Board 81_*______9566 73ÖI______9567 Rules and regulations ; Rules and regulations: Request for consolidated re­ 903 ____ 9567 Bridge regulations; Wilmington 904 ______9567 River, Ga., and Pensacola Bay, negotiation of related group; Fla______- 9587 when granted------9587 943______9568 Tuesday, December 1, 1959 FEDERAL REGISTER 9561 CODIFICATION GUIDE— Con. Stat. 1678), Proclamation of October 17, T. 9 S., R. 9 W „ ' 1927 (45 Stat. 2927), Executive Order No. Secs. 19 to 21, inclusive, and secs. 28 to 7 CFR—Continued Page 5814 of March 1, 1932, Proclamation No. 33, Inclusive. 2293 of July 16,1938 (53 Stat. 2462), and T. 10 S., R. 9 W. 996______9567 T. 11 S., R. 9 W., Public Land Order No. 750 of August 29, 999______9567 Secs. 5 to 8, inclusive, secs. 17 to 19, inclu­ 1102___ 9.568 1951 (16 F.R. 9044); (7) the Ouachita sive, sec. 20 except S ^ S W ^ , and secs. National Forest, Arkansas and Okla­ 29 to 32, inclusive. 12 CFR homa, established as the Arkansas T. 12 S., R. 9 W., 521 ------9578 National Forest by Proclamation of De­ Secs. 1 to 16, inclusive, sec. 17 except 522 ___ 9578 cember 18, 1907 (35 Stat. 2167), as modi­ SW^NW>/4, and sec. 18. 545______9580 fied by several proclamations, executive T. 7 S., R. 10 W., orders, public land orders and the act of Secs. 1 to 7, Inclusive, sec. 8 except 14 CFR SE^4NW^4, secs. 9 to 12, inclusive, sec, June 24, 1938 (52 Stat. 1038), which 13 except N E ^ N W 1^, secs. 14 to 23, in­ 297______9580 transferred land from the national for­ 600______I__ 9581 clusive, sec. 26, sec. 27 except NEJ4 NE 14, est to a national park, the name having secs. 28 to 34, inclusive, and sec. 35 ex­ 601—------9581 been changed to Ouachita National cept SE^NE^ and NE&SE^. 16 CFR Forest by Executive Order No. 4436 of T. 8 S., R. 10 W., 23------:------9581 April 29, 1926; (8) the Pisgah National Secs. 2 to 11, inclusive, secs. 14 to 23, in­ Forest as described by Proclamation No. clusive, and secs. 26 to 35, inclusive. 26 (1954) CFR 1349 of October 17, 1916 (39 Stat. 1811), T. 9 S., R. 10 W., Secs. 2 to 11, inclusive, and secs. 14 to 36, 1------9582 as modified by Executive Order No. 3820 inclusive. Proposed rules: of April 9, 1923, the acts of August 26, T. 10 S., R. 10 W., 1------. 9587 1935 (49 Stat. 800), and July 26, 1950 Secs. 1 to 5, inclusive, sec. 6 except SW^4 29 CFR (64 Stat. 377), and several proclama­ SE}4, and secs. 7 to 36, inclusive. tions, the latest being No. 2187 of July T. U S ., R. 10W., 687------9585 10, 1936 (50 Stat. 1745); (9) the Sumter .Sec. 1, sec. 2 except SE14SE14, secs. 3 to 699------9585 18, inclusive, sec. 19 except S W ^ N E ^ , National Forest, South Carolina, as de­ and secs. 20 to 36, inclusive. 32 CFR scribed by Proclamation No. 2188 of July T. 12 S., R. 10 W., 1464------‘______9587 13, 1936 (50 Stat. 1750); and (10) the Secs. 1 to 18, inclusive. 33 CFR Talladega National Forest, Alabama, as 3. Lands Excluded From the Conecuh 203------9587 described by Proclamation No. 2190 of National Forest, Alabama July 17,1936 (50 Stat. 1755), as modified 43 CFR ST. STEPHENS MERIDIAN by Executive Order No. 7443 of August T. 1 N., R. 11 E., Public land orders: 31, 1936, and Proclamation No. 2285 of 750 (modified by EO 10850) __ 9559 Secs. 1,2; 2021------9586 May 11,1938 (52 Stat. 1548), are hereby Secs. 3 to 8, inclusive, those parts within 2022------9586 modified to exclude therefrom the fol­ the proclaimed national forest bound­ lowing described lands: ary; Secs. 9 to 36, inclusive. 1. L ands Excluded Prom the Apalachicola T. 2 N.,R. 11 E., parts of the aforementioned national National Forest, Florida forests; and Secs. 33, 34, 35, and 36, those parts within TALLAHASSEE MERIDIAN the proclaimed national forest boundary. WHEREAS it is desirable and in the T. 1 N.,R. 12 E., public interest that the exterior boun­ T. 1 S., R. 1 E., Secs. 1 to 11, inclusive, secs. 16 to 21, inclu­ daries of such national forests be ex­ Secs. 28, 29, and those parts of secs. 30, sive, and secs. 28 to 33, inclusive. tended to include those lands and other 31 and 32 lying east of U S . Highway No. T. 2 N., R. 12 E., intermingled lands of like character: 319. Secs. 13, 14, 15, 16, 20, 21, 22, 29, 30 and NOW, THEREFORE, by virtue of the T. 2 S., R. 143., 31, those parts within the proclaimed Sec. 5, that part lying east of U.S. Highway national forest boundary, and secs. 23 to authority vested in me by section 24 of No. 319. 28, inclusive, secs. 32 to 36, inclusive. the act of March 3, 1891, 26 Stat. 1103, T. 2 S., R. 5 W., T, 1 N., R. 15 E., as amended (16 U.S.C. 471), and the act Secs. 31 and 32. Secs. 12, 1.3, 14, 22, 23, 27 and 34, those of June 4, 1897, 30 Stat. 34, 36 (16 U.S.C, T. 3 S., R. 5 W., parts lying east of the Yellow River, ex­ 473), and upon the recommendation of Secs. 5 to 10, inclusive, those parts of secs. cept any national forest land lying the Secretary of Agriculture, it is or­ 11 and 14 lying in Liberty County, and within said parts of said sections, and dered as follows: secs. 15 and 16. secs. 24, 25, 26, 35 and 36. T. 1 N., R. 16 E., 2. L ands Excluded From the W m . B. Ba n k - S e c t io n Secs. 1 to 4, inclusive, those parts of secs. 1. The exterior boundaries of head National F orest, Alabama (1) the Apalachicola National Forest, 5, 6 and 7 lying south and east of the Florida, as described by Proclamation HUNTSVILLE MERIDIAN Yellbw River, except any national forest ^ lands lying within said parts of said No. 2169 of May 13, 1936 (49 Stat. 3516), T. 10 S., R. 6 W., sections, and secs. 8 to 36, inclusive. and modified by Proclamation, No. 2289 Secs. 1 to 5, inclusive, secs. 8 to 17, inclu­ T. 2 N., R. 16 E., of June 21, 1938 (53 Stat. 2453); (2) the sive, secs. 20 to 25, inclusive, sec. 26 ex­ Secs. 13, 14, 23, 26, 27, 31, 32, 33 and 34, William B. Bankhead National Forest, cept NE*4NE% , secs. 27 to 29, inclusive, those parts lying south and east of the Alabama (formerly named the Alabama sec. 32 except SE^4NE%, and secs. 33 to Yellow River, except any national forest National Forest and later the Black War- 36, inclusive. lands lying within said parts of said sec­ T. 11 S., R. 6 W., tions, and secs. 24, 25, .35 and 36. nor National Forest), as described by Sec. 1 except SE%NW^4, secs. 2 to 4, in­ Proclamation of January 15, 1918 (40 T. 1 N., R. 17 E., clusive, sec. 5 except S W ^ S E ^ , secs. 8 Secs. 1 to 24, inclusive, and secs. 29 to 32, Stat. 1740), and modified by Proclama­ to 10, inclusive, sec. 11 except N W ^ N E 1/^ Inclusive. tion No. 2178 of June 19, 1936 (49 Stat. secs. 12 to 17, inclusive, sec. 20, sec. 21 T. 2 N., R. 17 E., ai <3) the Conecuh National Forest, except SE^4NE*4 , sec. 22 except Secs. 1, 2, 3, those parts of secs. 5, 7, 8 and Alabama, as described by Proclamation NE%NW}4 and E % S W %, sec. 23 except 18 lying east of the Yellow River, except No. 2189 of July 17, 1936 (50 Stat. 1754); SE 14SE14, sec. 24 except NV2SE14, sec. any national forest lands lying within (4) the De Soto National Forest, Missis- 25 except N ^ N W 1^, sec. 26, sec. 27 except said parts of said sections, and secs. 10 SW^4NE% and NE 14NW 14, secs. 28 and sippi, as described by Proclamation No. to 17, inclusive, secs. 19 to 36, inclusive. 29, sec. 32 except S W ^ N W ^ , and secs. T. 3 N., R. 17 E., ¿174 of June 17, 1936 (49 Stat. 3524); 33 to 36, inclusive. Sec. 24, E y2; secs. 25, 35 and 36. (5) the Kisatchie National Forest, T. 12 S., R. 6 W., T. 1 N., R. 18 E. Louisiana, as described by Proclamation Sec. 1, sec. 2 except N E ^ S E 1^, secs. 3 to T. 2 N., R. 18 E., of June 3> 1936 <49 Stat. 3520); 5, inclusive, sec. 8 except SEV4, sec. 9, vb) the Ocala National Forest, Florida, sec. 10 except S E ^ S W ^ , secs. 11 and 12, Secs. 4 to 9, inclusive, secs. 16 to 21, inclu­ as described by Proclamation of Novem- sec. 13 except S E ^ N E 1/*, sec. 14, and sive, and secs. 28 to 33, inclusive. those parts of secs. 15, 16,17 and 20 lying T. 3 N., R. 18 E„ 34> 19°8 <35 Stat. 2206), as modified within the proclaimed boundaries of Secs. 19 to 21, inclusive, and secs. 28 to 33, oy Proclamation of April 17, 19 11 (37 the National Forest. inclusive. 9562 THE PRESIDENT

TALLAHASSEE MERIDIAN 5. L ands Excluded P rom the K isatchie T. 17 S., R. 25 E„ National Forest, Louisiana Sec. 5, that part lying west of Forest Serv­ T. 6 N., R. 20 W .( ice Road No. 8;. Bees. 19 to 23, inclusive, and those parts of LOUISIANA MERIDIAN Sec. 6, that part lying west of Forest secs. 26 to 30, inclusive, lying in Alabama. T .9 N ., R. } W , Service Road No. 8, and east of the Okla­ T. 6 N., R. 21 W., Sec. 3 except E ^ E % , secs. 4 to 6, inclu­ waha River; Secs. 19 and 20, and those parts of secs. 29 sive, sec. 7 except N W y4 NE y4, secs. 8 and Sec. 7, that part lying east of the Oklawaha and 30 lying in Alabama. 9, sec. 10 except Ey2Ey2, W ^ S E ^ N W ^ , River; T. 6 N., R. 22 W., sec. 15 except E% E% , secs. 16 to 20, Sec. 8, that part lying west of Forest Secs. 19 to 24, inclusive, and those parts of inclusive, sec. 21 except NE^4, and secs. Service Road No. 8; secs. 25 to 30, inclusive, lying in Alabama. 28 to 33, inclusive. Sec. 16, that part lying south and west of T. 6 N., R. 23 W., T. 10 N., R. 3 W., Forest Service Road No. 8; Sec. 21, that part lying east of the Yellow Secs. 5 to 8, inclusive, sec. 9 except Sec.-17, that part lying-south of Forest River, secs. 22 to 24, inclusive, those parts NE 14NE 14, sec. 10 except N W ^ N W ^ , Service Road No. 8 and east of the Okla­ of secs. 25 to 27, inclusive, lying in Ala­ secs. 11 to 2i; inclusive, sec. 22 except waha River; bama, and that part of sec. 28 lying in Ey2SEy4, sec. 23, sec. 24 except Sec. 18, that part lying east of the Okla­ Alabama and east of the Yellow River. NW*4SWi4, Sy2SEi4, secs. 27 to 33, in­ waha River; T. 6 N., R. 26 W., clusive, and sec. 34 except E ‘/2NW54. Sec. 20, that part lying east of the Okla­ Secs. 29 and 30, those parts lying in T. 11 N„ R. 3 W., waha River and north of Florida High­ Alabama. Sec. 29 except W ^w yfc, and sec. 32 except way No. 42; T. 6 N., R. 27 W., W y2 N W 14, N W % S W 14. Sec. 21, that part lying north of Florida Secs. 25 to 30, inclusive, those parts lying T. 9 N„ R. 4 W., Highway No. 42. in Alabama. Secs. 1 to 13, inclusive, sec. 14 except T. 17 S., R. 27 E., y „ T. 6 N., R. 28 W., S W ^ S E ^ , sec. 15, sec. 16 except Sec. 19 except N W & N E & N E ^ and wy> Sec. 25, that part lying in Alabama. NW 14SE14, secs. 17 to 36, inclusive. NE%NEi4NE%; 4. L ands Excluded Prom the De Soto T. 10 N., R. 4 W., Sec. 20 except Lot 1 and N W ^ N W ^ ; National Forest, Mississippi Secs. 12 to 16, inclusive, N W y4 SE 14, Sec. 28 except Lots 1, 2 and 5, S W ^ S E 1^; Sy2SEy4 sec. 21, secs. 22 to 26, inclusive, Sec. 29, Lot 1, the W 11.81 chains of NW*4 ST. STEPHENS MERIDIAN sec. 27 except ,NE 14 SW}4, sec. 28 except Nw y4, S W 14NW 14, w y s w 1^, s e ^ s w %, T. 1 N., R. 14 W. NW 14, N E ^ S W % , secs. 29, 31, 32, sec. S y-S W ^S E i/i, SE1/4SE14; T. 1 N., R. 15 W. 33 except E y -N E ^ S E ^ , S W ^ N E ^ S E ^ , Sec. 30 except N ^ N W ^ and E ^ E ^ S E ^ T. 2 N., R. 15 W., and secs. 34 to 36, inclusive. N E ^ ; Secs. 31 and 32, those parts lying north of Secs. 2 t o 'll, inclusive, secs. 14 to 23, inclu­ 6. Lands Excluded Prom the Ocala National Florida Highway No. 42; sive, and secs. 26 to 35, inclusive. F orest, Florida Tps. 1, 2 and 3 N., R. 16 W. Sec. 33, N W 1/4NE 14, Si/2Ny2, Wy2SWi4, T. 1 N„ R. 17 W., TALLAHASSEE MERIDIAN s e & s w ^ , SE14SE14; Secs. 1 to 18, inclusive sec. 19 east of the T. 15 S., R. 23 E., Sec. 34, SW1^, and those parts of W ^ S E ^ Pearl River, secs. 20 to 29, inclusive, sec. Sec. 14, that part lying south of the and SE1/4SE14 lying north of Florida 82, sec. 33 except of Lot 3, and secs. Sharps Ferry-Moss Bluff Road; Highway No. 42. 34 to 36, inclusive. Sec. 15, that part of the S E ^ lying east 7. Lands Excluded From the Ouachita Na­ Tps. 2 and 3, N., R. 17 W . of the Oklawaha River and south of the tional Forest, Oklahom a T. 2 S., R. 9 W., Sharps Ferry-Moss Bluff Road; Secs. 1 to 3, inclusive, secs. 10 to 15, in­ Sec. 22, that part lying east of the Okla­ INDIAN MERIDIAN clusive, secs. 22 to 27, inclusive, and secs. waha River; T. 4 N„ R. 21 E., 34 to 36, inclusive. Sec. 23, that part lying east of the Okla­ S ^ S W ^ , SE% sec. 12, secs. 13, 24, 25, and T. 3 S., R. 9 W., waha River and west of the Sharps^ Ny2Ni/2 sec. 36. Sec. 1, except S W ^ N W % , secs. 2, 3, secs. 10 Ferry-Moss Bluff Road; T. 3 N„ R. 22 E., - to 15, inclusive, secs. 22 to 27, inclusive, Sec. 24, that part lying west of the Sharps sy2sy2 sec. 1, s% sy 2 sec. 2, and E y2 sec. 3. and secs. 34 to 36, inclusive. Ferry-Moss Bluff Road; T. 4 N>, R. 22 E., T. 6 S., R. 9 W., Sec. 25, that part lying west of the Sharps Secs. 1 to 4, inclusive, E ^ E % sec. 5, secs. Secs. 19 to 21, inclusive, and -secs. 25 to 36 Ferry-Moss Bluff Road and north of the 7 to 23, inclusive, secs. 26 to 34, inclu­ inclusive. Oklawaha River; • sive, and W y2 sec. 35. T. 3 S., R. 10 W., Secs. 26 and 36, those parts lying north and T. 5 N., R. 22 E., Secs. 3 to 10, inclusive, and secs. 15 to 36, east of the Oklawaha River. Ey2,s w y i sec. 22, Secs. 23 to 27, inclusive, inclusive. T. 15 S., R. 24 E., E y2 sec. 28, E y2 sec. 33, and secs. 34 to T. 4 S., R. 10 W., Sec. 30, that part lying west of the Sharps 36, inclusive. Secs. 1 to 18, inclusive. Ferry-Moss Bluff Road; T. 5 N., R. 23 E., T. 6 S., R. 10 W., Sec. 31, that part lying east of the Okla­ S 1/^ sec. 19, and W y2 sec. 30. Secs. 18 to 23, inclusive, sec. 24 except waha River and west of the Sharps T. 2 N., R. 24 E„ S E ^ S W 1^, and secs. 25 to 36, inclusive. Ferry-Moss Bluff Road; Ey2, Ei/2NW'/4, N W 14NW 14, NEV4SW14 sec. T .3 S , R. 11 W., Sec. 32, that part of the lying west 1, and NEy4 sec. 12. Secs. 13, 14, 23, 24, 25, 26, 30, 31, 35 and 36. of the Sharps Ferry-Moss Bluff Road. T. 5 N., R. 24 E., T .4S., R. 11 W., T. 16 S., R. 24 E., E y2 Sec. 31, W % , SE& sec. 32, and S W 1^ Secs. 1 to 16, inclusive. Sec. 5, W y,, and that part of the SE% ly­ sec. 34. ing west of the Muck Farms Canal; T. 6 S., R. 11 W., T. 4 N., R. 25 E., Secs. 6, 7,13,14,15,23, 24, and N E ^ sec. 25. Secs. 6 and 7, those parts lying east of Sy.SEi/4 sec. 11, SE14 sec. 13, N E 14 sec. T. 3 S., R. 12 W., the Oklawaha River; 14, and NE}4, Ny2SEVi sec. 24. Secs. 19 to 36, inclusive. Sec. 8, that part lying east of the Okla­ T. 3 N„ R. 26 E., T .4 S ..R . 12 W., waha River and west of the Muck Farms E y2 sec. 1, and N E 1/! sec. 12. Secs. 1 to 12, inclusive. Canal; T. 4 N., R. 26 E., T. 5 S., R. 12 W., Sec. 16, that part lying north of the Okla­ SE14 sec. 7, Ny2 secs. 11, 12 and 18, N ^ N ^ Secs. 1 to 20, inclusive, sec. 21 except waha River and west of the Muck Farms sec. 26, Ny2 sec. 27, and N E & , Sy^NWyi S W ^ N W 'i, secs. 22 to 30, inclusive, sec. Canal; sec. 28. 31 except N ^ S W 1^, SW % SW % , NW'/4 Sec. 17, that part lying northeast of the T. 4 N., R. 27 E., SE%, sec. 32 except S ^ N E ^ , S E ^ N W 1^, Oklawaha River; Secs. 3, 4, S% sec. 5, and NJ4 sec. 7. NE y4 SE y4, and Lees. 33 to 36, inclusive. Sec. 21, that part lying east of the Okla­ T. 6 S„ R. 12 W., waha River; 8. L ands Excluded From the Pisgah Na­ Secs. 1 to 12, inclusive. Secs. 22 and 23, those parts lying north tional Forest, N orth Carolina T. 3 S., R. 13 W., of the Oklawaha River; Secs. 21 to 28, inclusive, and secs. 35 and Sec. 24; All that part of the Pisgah National Forest 36. Secs. 25 and 26, those parts lying north described in Division 1 of Proclamation No. T.5S..R. 13 W„ and east of the Oklawaha River; 2187, dated July 10,1936 (50 Stat. 1745), lying Secs. 1 to 32, inclusive, sec. 33 except Sec. 36, that .part lying east of the Okla­ west of the following described line: • W ^NW % , and secs. 34 to 36, inclusive. waha River. Beginning at Pigeon Gap, at a point where T. 17 S., R. 24 E., T. 6 S.,R. 13 W., North Caroling, State Highway No. 284 passes Sec. 1, that part of the N E ^ N E 1^ lying Secs. 1 to 12, inclusive. through the Lickstone Ridge-Radcliff Moun­ north of Oklawaha River. tain Range; thence southerly and westerly T. 1 S., R. 14 W „ T. 16 S., R. 25 E., Secs. 6, 7,18.19, 30 and 31. Sec. 19, that part of the SW% lying west with the meanders of the top of Lickstone T. 1^., R. 15 W. of Forest Service Road No. 8; Ridge about 4.4 miles to Richland Balsam T. 1 S., R. 16 W., Secs. 30 and 31, those parts lying west of Mountain on the Jackson-Haywood County Secs. 1 to 18, inclusive. Forest Service Road No. 8. line, the present proclaimed boundary. Tuesday, December 1, 1959 FEDERAL REGISTER 9563

All that part described In Division 2 of T. 23 N., R. 11 E. T. 2 N., R. 3 W., said proclamation lying south and east of T. 21 N., R. 12 E., Secs. 5 to 8, inclusive, S W ^ S W ^ , sec. 15, the following described line: Secs. 5 to 8, inclusive, secs. 17 to 19, Inclu­ W & N W & , S W & , Sy2SE& sec. 16, secs. Beginning at a point in the present pro­ sive, N% , SW% sec. 20, w y2 sec. 29, secs. 17 to 21, inclusive, W ^ N W ^ , S E & N W ^ , claimed boundary on the French Broad River 30 and 31, and sec. 32. S W & , Wy2SEV4 sec. 22, Sy2 sec. 25, Sy2 at Barnard; thence with the Big Pine Creek T. 22 N., R. 12 E., sec. 26, sy2NEi4, NWy4, Sy2 sec. 27, sec. Road about 2 miles to the Rector Branch Secs. 5 to 8, inclusive, secs. 17 to 20, Inclu­ 28, and secs. 33 to 36, inclusive. crossing; thence westerly up and with the sive, secs. 29 and 30, sec. 31 except S W 1^ T. 2 N., R. 4 W., meanders of Rector Branch to the top of NW % and Wy2S W ^ , and sec. 32. Secs. 1 to 24, inclusive. Spring Creek Mountain; thence southerly T. 23 N., R. 12 E., T. 3 N., R. 4 W. with the lead divide of Spring Creek Moun­ Secs. 5 to 8, inclusive, secs. 17 to 20, inclu­ T. 4 N., R. 4 W., . tain about 5 miles to Duckett Top Mountain; sive, and secs. 29 to 32, inclusive. Secs. 13 to 36, inclusive. thence westerly about 1 mile to Ellison Gap, T. 5 N., R. 5 W., thence southwesterly down and with the S e c . 2. The exteripr boundaries of the Secs. 6 and 7, W y2 sec. 17, secs. 18 and 19, meanders of the Bee Branch to North Caro­ Apalachicola National Forest, the De W y2 sec. 20, sec. 30, and Nyfc sec. 31. lina State Highway No. 63 about 1.4 miles; Soto National Forest, and the Kisatchie T. 4 N., R. 6 W., thence westerly with said North Carolina National Forest, as described by the Secs. 2 and 3, and that part of sec. 4 lying State Highway No. 63 about .5 mile to its in­ aforementioned proclamations, are here­ east of Devil Creek. tersection with North Carolina State Highway by extended to include the lands herein­ T. 5 N„ R. 6 W., No. 209 at Trust; thence with the meanders after described, and all of such lands Secs. 1, 2, 3, 8 to 17, inclusive, secs. 20 to of North Carolina State Highway No. 209, 28, inclusive, E l/2 sec. 33, secs. 34 and 35, via the hamlet of Luck, Lusk Chapel and the that have been acquired by the United N y2 sec. 36, and secs. 38 to 41, inclusive. hamlet of Cove, about 14 miles to Crabtree, States under authority of Title III of the T. 1 S., R. 2 W., at the present proclaimed boundary. Bankhead-Jones Farm Tenant Act, as Secs. 5 to 8, Inclusive, and those parts of amended, or the act of March 1, 1911, as secs. 3, 4 and 9 lying west of U.S. High­ 9. Lands Excluded From the Sumter Na­ way No. 165. tional Forest, South Carolina amended, arp hereby added to and re­ served as parts of the designated na­ T. 1 S., R. 3 W., All that part of the Oconee Division of tional forests; and all of such lands with­ Secs. 1 to 4, inclusive, and secs. 9 to 12, the Sumter National Forest, described in inclusive. Proclamation No. 2188 of July 13, 1936 (50 in the described areas that are hereafter Stat. 1750), which lies east o f the Keowee acquired by the United States under the The reservations made by this order River, being all that part of the said national act of March 1,1911, as amended, or any shall not affect any claim, filing, or entry forest lying in Pickens County, South Caro­ other law authorizing the acquisition of heretofore made and hereafter legally lina. lands for national-forest purposes, shall maintained, or any prior withdrawal of 10. Lands Excluded From the T alladega likewise be added to and reserved as parts land for other public purposes, so long National Forest, Alabama (T alladega of the respective national forests immedi­ as such withdrawal remains in effect. D iv is io n ) ately upon acquisition of title thereto by D w ig h t D . E is e n h o w e r HUNTSVILLE MERIDIAN the United States u T h e W h it e H o u s e , T. 13 S., R. 11 E., Lands I ncluded W it h in the Apalachicola November 27, 1959. Secs. 1 and 2, sec. 11 except NE% NW i4. secs. National Forest, Florida 12 to 14, inclusive, secs. 22 and 23, sec. 24 {F H . Doc. 59-10136; Filed, Nov. 30, 1959; TALLAHASSEE MERIDIAN except SW % SE% , sec. 25, sec. 26 except 9:34 a.m.] that part of the N E ^N E ^ lying north of Those lands situated In Liberty County, the Old Creek and Cherokee boundary Florida, in secs. 20 and 29, T. 5 S., R. 8 W., and line, secs. 27, 34, sec. 35 except E% SW % secs. 11, 12, 13 and 14, T. 5 S., R. 9 W., desig­ and SW }4S W % . and sec. 36. nated as Forest Service Tracts Nos. 91 and 91a, T. 14 S., R. 11 E., said tracts being those acquired from St. Joe Executive Order 10851 Sec. 1 except SE% NW % , Ei/2SW % , NW % Paper Company by deed dated June 24, 1950. SEV4, secs. 2, 3, 10, sec. 11 except NWi4 ENLARGING TÜE CHATTAHOOCHEE, NE^4, secs. 12 to 15, inclusive, sec. 22 ex­ Lands I ncluded W it h in the De Soto KISATCHIE, HOLLY SPRINGS, AND cept S W 14SW 14, and secs.. 23 and 24. National Forest, Mississippi T. 13S..R. 12 E., OUACHITA NATIONAL FORESTS ST. STEPHENS MERIDIAN Secs. 5 to 8, inclusive, secs. 17 and 18, sec. 19 WHEREAS certain lands in the States except S%SWi4, NE^SE^, secs. 20, 29, T. 6 N., R. 10 W., sec. 30 except W % N E% , N % N W & , secs. of Georgia, Louisiana, Mississippi, and Sec. 33, SE»4. Oklahoma have been acquired by the 31 and 32, and fractional sec. 4, frac­ T .7 N ., R. 11W., tional sec. 9 except fractional N^NW *4, Sec. 13, E'%, S E & N W & , E ^ S W % ; United States under the authority of the and fractional secs. 16, 21, sec. 28 except Sec. 24, E & . Emergency Relief Appropriation Act of NW%SE%, and sec. 33. 1935, approved April 8, 1935 (49 Stat. T. 14 S., R. 12 E., L ands I ncluded Wit h in the K isatchie 115), or Title m of the Bankhead-Jones Secs. 4 to 9, inclusive, secs. 16 to 21, inclu­ National Forest, Louisiana Farm Tenant Act, approved July 22,1937 sive, fractional secs. 3, 10, 15, and frac­ tional section 22 except E & S W 14. LOUISIANA MERIDIAN (50 Stat. 525), as amended (7 U.S.C. 1010-1012), for use in connection with ST. STEPHENS MERIDIAN T. 8 N., R. 1 E., the Limestone Valleys, Northwest Lou­ Secs. 6 and 7, those parts lying west of T. 19 N„ R. 9 E., State of Louisiana Highway No. 123. isiana, Claiborne Parish, Yalobusha, and Sjcs. 1 to 3, inclusive, secs. 10 to 15, inclu­ T. 1 N„ R. 1 W., McCurtain County Land Utilization sive, secs. 22 to 27, inclusive, and secs. 34 Sec. 6, that part lying west of U.S. High­ Projects; and to 36, inclusive. way No. 165. WHEREAS, by reason of the transfer T. 20 N., R. 9 E., T. 2 N., R. 1 W., effected by Executive Order No. 7908 of Sec. 22, sec. 23 except Ni/2NE ^N E i4 and Secs." 19, 20, 29, 30 and 31, those parts NW ^N E^4, secs. 24 to 27, inclusive, and June 9, 1938, as amended by Executive lying west of U.S. Highway N a 165. Order No. 8531 of August 31, 1940, such secs. 34 to 36, inclusive. T. 1 N., R. 2 W., T. 19 N., R. 10 E„ . Secs. 2 to 11, Inclusive, secs. 14 to 23, in­ projects are now being administered pur­ Secs. 6, 7,18, 19, 30 and 31. clusive, secs. 27 to 33, inclusive, and suant to Title i n of the Bankhead-Jones T. 20 N„ R. 10 E„ those parts of secs. 1, 12, 13, 24,. 25, 26, Farm Tenant Act; and Secs. 19,30, and 31. 34 and 35 lying west of U.S. Highway No. WHEREAS it appears that such lands T. 23 N., R. 10 E., 165. are suitable for national-forest purposes Secs. 1 to 3, inclusive, secs. 10 to 15, inclu­ T. 2 N„ R. 2., and that it would be in the public inter­ sive, secs. 22 to 27, inclusive, and secs. 34 SE*4 sec. 22, S»4 sec. 23, S 1^ sec. 24, secs. to 36, inclusive. est to include them in and reserve them 25 to 27, inclusive, NE% , Sy2 sec. 28, as parts of certain hereinafter-desig­ T. 22 N ..R .H E ., S% sec. 29, S^j sec. 30, and secs. 31 to Secs. 1 to 4, inclusive, secs. 9 to 16, inclu­ 36, inclusive. nated national forests; and sive, secs. 21 to 27, inclusive, sec. 28 ex­ T. 1 N„ R. 3 W.. WHEREAS it appears desirable to in­ cept SE14NW 14, secs. 33 to 35, inclusive, Secs. 1 to 4, inclusive, secs. 9 to 16, Inclu­ clude within the exterior boundaries of x ™ ,,sec- 36 excePt NEy4SEy4 and Si/2 sive, secs. 21 to 28, inclusive, and secs. such national forests certain State and NWI4SE14. 33 to 36, inclusive. privately-owned lands which are so in- 9564 THE PRESIDENT

termingled with the lands owned by the T.23N..R. 4W., . T. 25 N., R. 4 E., United States that segregation thereof Secs. 20 to 22, Inclusive, secs. 27 to 29, in­ Secs. 10 to 15, inclusive, secs. 21 to 28, in­ is impracticable; and clusive, and secs. 31 to 36, inclusive. clusive, and secs. 34 to 36, inclusive. T. 22 N., R. 5 W., T. 23 N., R. 5 E., WHEREAS some of such lands owned Secs. 6, 7, and secs. 16 to 20, inclusive. Secs. 1 to 3, inclusive. by the United States are under lease to T. 22 N., R. 6 W., T. 24 N., R. 5 E.,‘ Soil Conservation Districts or to indi­ Secs. 1 to 3, inclusive, secs. 9 to 17, in­ Secs. 1 to 27, inclusive, secs. 29 to 32, in­ viduals, and it is desirable that such clusive, secs. 20 to 24, inclusive, and secs. clusive, and secs. 34 to 36, inclusive. ' leases remain in force and effect until 27 to 30, inclusive. T. 25 N., R. 5 E., terminated as provided therein: T. 23 N„ R .6 W„ Secs. 3 to 9, inclusive, secs. 16 to 21, in­ NOW, THEREFORE, by virtue of the Secs. 34 to 36, Inclusive. clusive, andsecs. 28 to 35, inclusive. T. 20 N., R. 8 W., authority vested in me by section 24 of Secs. 17 to 19, inclusive, and sec. 30. CHICKASAW MERIDIAN the act of March 3, 1891, 26 Stat. 1103, T. 19 N., R. 9 W., as amended (16 U.S.C. 471), and the act Secs. 1 to 5, inclusive, and sec. 11. T. 12 S., R. 6 W., Sec. 2. of June 4, 1897, 30 Stat. 34, 36 (16 U.S.C. T. 20 N., R. 9 W., 473), and upon recommendation of the Secs. 1 to 3, inclusive, secs. 9 to 16, in­ O u a c h it a N a t io n a l F orest—Ok l a h o m a Secretary of Agriculture, it is ordered as clusive, secs. 20 to 29, inclusive, and secs. follows: 32 to 35, inclusive. INDIAN MERIDIAN T. 21 N., R. 9 W., The exterior boundaries of the Chatta­ T. 8 S., R. 24 E., Secs. 34 to 36, inclusive. hoochee National Forest, in Georgia, the Secs. 7 to 27, inclusive, and secs. 34 to 36, Kisatchie National Forest, in Louisiana, H o l l y Sp r in g s N a t io n a l F orest—M is s is s ip p i inclusive. T. 9 S., R. 24 E., the Holly Springs National Forest, in CHOCTAW MERIDIAN Mississippi, and the Ouachita National Secs. 1 and 2. Forest, in Oklahoma, are hereby extended T. 24 N., R. 4 E., t Tt S., R. 25 E., to include, respectively, the areas here­ Secs. 1 to 3, inclusive, secs. 10 to 15, in­ Secs. 12 to 18, inclusive, those ¿>arts lying inafter described under the names of clusive, secs. 23 to 26, inclusive, and secs. south of the Little River; Sec. 19; such national forests; and, subject to 35 and 36. the aforementioned leases and other U. S. DEPARTMENT O F AGRICULTURE valid existing rights, all lands of the FOREST SERVICE United States within such areas which have been acquired by the United States CHATTAHOOCHEE NATIONAL FOREST under authority of the Emergency Relief GEORGIA Appropriation Act of 1935 or Title III of 1959 the Bankhead-Jones Farm Tenant Act and which are being administered as parts of the aforementioned land-utili­ zation projects are hereby added to and TENN. reserved as parts of the respective na­ tional forests: Chattahoochee N a t io n a l F orest—G eorgia Beginning at a point on the Tennessee- Georgia State Line, the county line comer of Catoosa and Whitfield Counties, Georgia; thence south and west with said county line to Tiger Creek Road; thence southeasterly with said road to a point west of the north­ west comer of U.S. Tract No. 158; thence due east to said comer; thence south with west boundary of Tract 158; thence east with south boundary of said tract and continuing east to the westerly right-of-way line of the Southern Railroad right-of-way; thence south with said right-of-way to a point due east of the northeast corner of U.S. Tract No. 303; thence west to said comer and with-the north boundary thereof, continuing west to the westerly right-of-way line of . Waring Road; thence south with said road to the north boundary line of U.S. Tract 156; thence with said tract to its southeast comer near the Pleasant Grove'Road; thence in a south­ easterly and northeastgrly direction with said road to the west and right bank of Ooahulla Creek; thence up and with said bank of Coahulla Creek 1% miles to a point where an unnamed branch of the Creek en­ ters from the northeast; thence due east to a point on the right and west bank of the Conasauga River; thence up and with the meanders of the Conasauga River and Sugar Creek to the Tennessee State Line; thence west with the Tennessee-Georgia State Line to the place of beginning. The boundaries of the Chattahoochee National Forest addition described . . . NATIONAL FOREST B0UN0ARY herein are graphically shown on the dia­ p i M n a t io n a l f o r e s t a d d it io n gram attached hereto and made a part hereof. 1 K is a t c h ie N a t io n a l F orest—L o u is ia n a l ■ DIAGRAMMATIC MAP FORMING AN OFFICIAI SUPPIEM6NT O ALTpN Ml. LOUISIANA MERIDIAN T. 22 N., R. 4 W., Secs. 1 to 6, inclusive, secs. 9 to 14, in­ clusive, and sec. 24. Tuesday, December 1, 1959 FEDERAL REGISTER 9565

Secs. 20 and 21, those parts lying south, of S e c t io n 1. The regulations contained in 1301 et seq.), to the ^extent necessary to the.Little River; Executive Order No. 10000 of September permit the Administrator of the Federal Secs. 22 to 36, inclusive. 16, 1948, as now or hereafter amended, Aviation Agency to accomplish the pur­ T. 8 S., R. 25 E. T. 9 S., R. 25 E., which govern the payment of additional poses and objectives of Titles n i and X II Secs. 1 to 17, inclusive, and secs. 20 to 24, compensation in foreign areas (referred thereof (49 U.S.C. 1341-1355 and 1521- inclusive. to as foreign post differential) shall gov­ 1523), is hereby extended to those areas T. 7 S., R. 26 E., ern the payment of the additional com­ of land or water outside the United Secs. 9, 10, and 12 to 20, inclusive, those pensation authorized by section 8 (a )(2 ) States and the overlying airspace thereof parts lying south of the Little River; of the Defense Department Overseas over or in which the Federal Govern­ Secs. 21 to 36, inclusive. Teachers Pay and Personnel Practices ment of the United States, under inter­ Tps. 8 and 9 S., R. 26 E. T. 7 S., R. 27 E„ Act of 1959, subject to the provisions of national treaty, agreement or other Secs. 7, 16, 17, 18, those parts lying south section 8(b) of that act (73 Stat. 216). lawful arrangement, has appropriate jurisdiction or control: Provided, that of Little River; S ec. 2. Paragraph 1 of Executive Or­ Sec. 19; der No. 10011 of October 22, 1948, as the Administrator, prior to taking any Secs. 20 and 21, those parts lying south of action under the authority hereby con­ Little River; amended, is hereby further amended by adding the following subsections (e) and ferred, shall first consult with the Sec­ Secs. 28 to 33, inclusive. retary of State on matters affecting T. 8 S., R. 27 E., ( f ) at the end thereof: Secs'. 4 to 9, inclusive; secs. 16 to 21, inclu­ “ (e) The authority vested in the Presi­ foreign relations, and with the Secre­ sive, and secs. 28 to 33, inclusive. dent by section 7 (a) o f the Defense De­ tary of Defense on matters affecting T. 9 S., R. 27 E„ partment Overseas Teachers Pay and national-defense interests, and shall not Secs. 3 to 10, inclusive, secs. 15 to 22, in­ Personnel Practices Act (73 Stat. 216) take any action which the Secretary of clusive, and secs. 27 to 34, inclusive. to prescribe regulations relating to quar­ State determines to be in conflict with any international treaty or agreement to D w ig h t D . E is e n h o w e r ters, quarters allowance, and storage, and the authority vested in the President which the United States is a party, or T h e W h it e H o u s e , to be inconsistent with the successful November 27, 1959. by section 8(a) (1) of that act to pre­ scribe regulations relating to cost-of- conduct of the-foreign relations of the {F.R. Doc. 59-10137; Piled, Nov. 30, 1959; living allowances. United States, or which the Secretary of 9:34 a.m.] “(f) The authority vested in the Defense determines to be inconsistent President by section 235(a) of title 38 with the requirements of national de­ of the United States Code to prescribe fense. rules and regulations with respect to al­ D w ig h t D. E is e n h o w e r Executive Order 10852 lowances and benefits similar to those T h e W h it e H o u s e , provided by those sections of the Foreign November 27, 1959. AMENDMENT OF EXECUTIVE ORDER Service Act of 1946 designated in para­ NO. 10530,1 PROVIDING FOR THE graphs (1), (2), (3), (5), (6), and (8) [F.R. Doc. 59-10140; Filed, Nov. 30, 1959; PERFORMANCE OF CERTAIN FUNC­ of section 235(a).” 9:35 a.m.]

TIONS VESTED IN OR SUBJECT TO S e c . 3. The Administrator of Veterans’ THE APPROVAL OF THE PRESIDENT Affairs is hereby authorized to exercise By virtue of the authority vested in me the authority vested in the President by Executive Order 10855 by section 301 of title 3 of the United section 235(a) of title 38 of the United States Code, and as President of the States Code to prescribe rules and regu­ INSPECTION OF INCOME TAX RE­ United States, it is ordered that Execu­ lations with respect to allowances and benefits similar to those provided by TURNS BY THE SENATE COMMIT­ tive Order No. 10530 of May 10, 1954, TEE ON THE JUDICIARY entitled “Providing for the Performance those sections of the Foreign Service Act of Certain Functions Vested in or Sub­ of 1946 designated in paragraphs (4) and By virtue of the authority vested In ject to the Approval of the President,” (7) of section 235(a). me by sections 55(a) and 508 of the In ­ be, and it is hereby, amended by delet­ Sec. 4. The rules and regulations pre­ ternal Revenue Code of 1939 (53 Stat. ing from section 4(b) thereof the words scribed by the Secretary of State or the 29, 111; 54 Stat. 1008; 26 U.S.C. 55(a) “capital grants with respect to projects Administrator of Veterans’ Affairs pur­ and 508), and by section 6103(a) of the assisted under Title I of the said act” and suant to section 2 or section 3 of this Internal Revenue Code of 1954 (68A Stat. inserting in lieu thereof the following: order shall become effective on such 753; 26 U.S.C. 6103(a)), it is hereby or­ “grants under Title I of that act” . dates as those officials shall, respectively, dered that any income tax return for the years 1945 to 1958, inclusive, shall, dur­ D w ig h t D . E is e n h o w e r determine, but not in any case earlier than July 28, 1959. ing the Eighty-sixth Congress, be open T h e W h it e H o u s e , to inspection by the Senate Committee November 27, 1959. D w ig h t D. E is e n h o w e r on the Judiciary, or any duly authorized IF.R. Doc. 59-10138; Filed, Nov. 30, 1959; T h e W h it e H o u s e , subcommittee thereof, in connection 9:34 a.m.] November 27, 1959. with its study and investigation of the [F.R. Doc. 59-10139; Filed, Nov. 30, 1959; applicability of the antitrust and anti- 9:34 a.m.] monopoly laws of the United States to professional boxing, pursuant to Senate Executive Order 10853 Resolution 57, 86th Congress, agreed to February 2, 1959, such inspection to be DELEGATING THE AUTHORITY OF Executive Order . 10854 * in accordance and upon compliance with THE PRESIDENT WITH RESPECT the rules and regulations prescribed by TO VARIOUS ALLOWANCES TO EXTENSION OF THE APPLICATION OF the Secretary of the Treasury in Treas­ CERTAIN GOVERNMENT PERSON­ THE FEDERAL AVIATION ACT OF ury Decisions 6132 and 6133, relating to NEL ON FOREIGN DUTY the inspection of returns by committees 1958 of the Congress, approved by me on May By virtue of the authority vested in me By virtue of the authority vested in me 3,1955. by section 7(a) and 8(a) of the Defense This order shall be effective upon its Department Overseas Teachers Pay and by section 1110 of the Federal Aviation filing for publication in the F ederal Personnel Practices Act (73 Stat. 216) Act of 1958 (72 Stat. 800; 49 U.S.C. R e g ister . and by section 235(a) of title 38 of the 1510), and as President of the United D w ig h t D . E is e n h o w e r United States Code, and as President of States, and having determined that such the United States, it is ordered as action would be in the national interest, T h e W h it e H o u s e , follows: I hereby order as follows: November 27, 1959. The application of the Federal Avia­ [F.R. Doc. 59-10141; Filed, Nov. 30, 1959; 119 FR . 2709; 3 CFR, 1954 Supp., p. 55. tion Act of 1958 (72 Stat. 731; 49 U.S.C. 9:35 a.m.l / 9566 FEDERAL REGISTER B RULES AND REGULATIONS

(j) Ready-to-cook poultry shall be c. In § 81.50, paragraph (d) is Title 7— AGRICULTURE adequately drained to remove ice and amended to read: free water prior to packaging or packing. (d) Cooling giblets. Giblets shall be Chapter I— Agricultural Marketing (k) Cut-up poultry shall be prepared chilled to 40° F. or lower within two Service (Standards,Inspection, Mar­ from chilled carcasses (with or without hours from the time they are removed keting Practices), Department of necks) and the parts shall not be re­ from the inedible viscera, except that Agriculture chilled in ice and water or water but when they are cooled with the carcass may be temporarily held in containers the requirements of paragraphs (b) (2) SUBCHAPTER D— REGULATIONS UNDER THE of crushed ice which are continuously and (f) (4) of this section shall apply. POULTRY PRODUCTS INSPECTION ACT drained pending further processing and Any of the acceptable methods of chill­ packaging. Notwithstanding the fore­ ing the poultry carcass may be followed PART 81— INSPECTION OF POULTRY going, giblets and necks and certain in cooling giblets, except that unwrapped AND POULTRY PRODUCTS parts resulting from special processing livers shall not be cooled in agitated ice operations approved by the Administra­ and water chilling media for a period in Miscellaneous Amendments tor, may be chilled in agitated ice and excess of 20 minutes, but may be cooled On October 7,1959 there was published water slush or refrigerated water for a in perforated containers which are im­ in the F ederal R eg ister (24 F.R. 8114) period not in excess of 20 minutes. mersed in noncirculated ice and water a notice of the proposed issuance of (l) All offal resulting from the evis­ chilling media: Provided, That the livers amendments to the regulations govern­ ceration operation shall be removed are removed from the chilling containers ing the inspection of poultry and poultry from the establishment as often as nec­ when their temperature has been low­ products (7 CFR Part 81, as amended) essary to prevent the development of a ered to 40° F. When ready-to-cook under the Poultry Products Inspection nuisance. birds are to be consumer packaged, the it' i Act (71 Stat. 441; 21 U.S.C. 451 et seq.). (m) Containers to be used for pack­ giblets shall be handled in a manner The amendments provide that breath­ aging dressed poultry and ready-to-cook that will prevent free water from being ing shall have stopped prior to scalding poultry shall be clean, free from objec­ included in the giblet package. Giblet of poultry, regulate the type of cuts to tionable substances and odors and of wrappers shall be made of reasonably be made prior to chilling, require in­ sufficient strength and durability to nonabsorbent materials and shall be no spectors to make weight tests as they protect the product adequately during larger than necessary to properly wrap deem necessary, clarify chilling require­ normal distribution. the giblets. ments, and make other changes. (n) Paper and other material used for 3. Section 81.89 is amended to read: lining barrels or other containers in After consideration of all relevant ma­ § 81.89 Contamination. terial, the regulations in 7 CFR Part 81, which products are packed shall be of as amended, are hereby further amended such kinds as do not tear readily during Carcasses of poultry contaminated by volatile oils, paints, poisons, gases, scald as follows: use but remain intact when moistened by the product. Wooden containers to be vat water in the air sac system, or other § 81.49 [Amendment] used for packing poultry shall be fully substances which affect the wholesome­ la. In § 81.49, paragraph (b) is lined except when the individual birds ness of the carcasses, shall be con­ amended to read: to be packed therein are fully wrapped. demned. Any organ or part of a carcass (o) Protective coverings shall be used which has been contaminated following (b) Poultry shall be slaughtered infor the product, in the plant and as it is mutilation shall be condemned, and if such a manner that breathing has distributed from the plant, which are the whole carcass is affected, the whole stopped prior to scalding. Blood from adequate to protect the product against carcass shall be condemned. the killing operation shall be confined to contamination by any foreign substances 4. Section 81.120 is amended to read: a relatively small area. (including, but not being limited to, dust, § 81.120 Special procedure or require­ b. In § 81.49, paragraphs (h ), (i), (j), dirt, and insects) considering the means intended to be employed in transporting ments as to certification of slaugh­ and (k) are deleted and new paragraphs tered poultry for export to certain (h) through (o) are inserted to read: the product from the plant. countries. (h) Cuts for the removal of the vis­ c. In § 81.49, paragraph (1) is redesig­ When export certificates are required cera shall be limited to those necessary nated as paragraph (p ). by any foreign country for slaughtered for proper processing operations and in­ § 81.50 [Amendment] poultry exported to such country, the spection With respect to roaster style Administrator shall prescribe or approve evisceration, opening cuts shall be made 2a. In § 81.50, paragraph (b) (3) (i) is the form of export certificate to be used 'in such a manner that the skin between amended to read: and the methods and procedures as he the thighs and rib cage will not be cut (i) Poultry which is to be held in chill­ deems appropriate with respect to the or torn open during the drawing opera­ ing tanks in excess of 24 hours shall at preparation and transportation of such tion. No additional cuts shall be made the end of the 24-hour chilling period poultry, in order to comply with require­ prior to chilling other than those neces­ be removed from the tanks and repacked ments specified by the foreign country sary to perform the complete eviscera­ in clean ice and in clean tanks which are regarding the exported products. tion of the bird. With respect to poultry continually drained, or as an alternative, that is permitted to be opened by the the tanks shall be drained and re-iced § 81.130 [Amendment] “ bar-cut” method, particular care shall and placed in a cooler which will main­ 5. In § 81.130, paragraph (a) (3) is be exercised in making transverse cuts tain all of the poultry in the tanks at a amended to read: so that the thigh areas will not be opened temperature of 40° F. or below. * and the flesh at the posterior end of the (3) The net weight or other appro­ keel will not be exposed. An occasional b. In § 81.50, paragraph (b) (3) (ii) is priate measure of the contents, except bird that is unintentionally opened in deleted and a new paragraph (b) (3) (ii) that the Administrator may approve the the aforesaid areas will be permitted. is inserted to read: use of labels for certain types of immedi­ ate containers which do not bear the net All birds which are opened by the “bar- (ii) With respect to poultry that is to cut” method shall be trussed (both legs) weight: Provided, That the retailer or be consumer packaged or frozen, or both, distributor supplying the retailer agrees prior to chilling. chilling and draining procedures shall be (i) The area at the junction of the in writing to the Administrator to mark such as will minimize moisture absorp­ neck with the body of the eviscerated the true net weight on the label prior to bird shall be positively opened so that tion and retention at time of packaging. display and sale thereof: And provided water will drain freely from the body The inspector will make such weight further, That the shipping container cavity and not become trapped in the tests as he deems necessary to assure bears a statement “ Net weight to be area between the neck skin and the neck. compliance with this requirement. marked on consumer packages prior to Tuesday, D ecem ber 1, 1959 FEDERAL REGISTER 9567

display and sale” ; And provided further, lieu thereof the figure “ 16,951” ; and by (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. That the total net weight of the contents striking out the figure “ 16,951” for the 601-674) of the shipping container shall be Farm Administrative Area of Louisiana Issued at Washington, D.C., this 24th marked on such container. The net and inserting in lieu thereof the figure day of November 1959. weight marked on immediate containers “ 458,057”. C lar en c e L. M il l e r , of poultry products shall be the net (Sec. 375, 52 Stat. 66, as amended; 7 UüJ.C. weight of the poultry and shall not' in­ 1375. Interprets or applies sec. 353, 52 Stat. Assistant Secretary. clude the weights of the wet or dry 61, as amended; 7 U.S.C. 1353) [F.R. Doc. 59-10072; Filed, Nov. 30, 1959; packaging materials and giblet wrapping 8:46 a m .] materials. Issued at Washington, D.C., this 25th day of November 1959. (Sec. 14. 71 Stat. 447; 21 U.S.C. 463; 19 F.R. 74, as amended) T r u e D. M orse, Acting Secretary. The foregoing amendments differ in pa r t 904— MILK IN GREATER BOS­ some respects from the proposals set [F.R. Doc. 59-10097; Mied, Nov. 30, 1959; TON, MASSACHUSETTS, MARKET­ forth in the notice of rule-making. All 8:49 a.m.] ING AREA of the differences are due to nonsubstan- tial changes made for clarification or PART 996— MILK IN SPRINGFIELD, simplification except for extension of Chapter IX— Agricultural Marketing MASSACHUSETTS, MARKETING § 81.49 (j) to all ready-to-cook poultry. AREA The latter change is deemed desirable Service (Marketing Agreements and in the public interest. It does not appear Orders), Department of Agriculture PART 999— MILK IN WORCESTER, that further public rule-making pro­ [Milk Order 3] MASSACHUSETTS, MARKETING cedure would make additional informa­ AREA tion available to this Department. PART 903— MILK IN ST. LOUIS, Therefore under section 4 of the Admin­ MISSOURI, MARKETING AREA Order Suspending Certain Provisions istrative Procedure Act (5 U.S.C. 1003) Order Suspending Certain Provision Pursuant to the provisions of the Agri­ it is found upon good cause that further cultural Marketing Agreement Act of notice and other public rule-making Pursuant to the provisions of the Agri­ 1937, as amended (7 U.S.C. 601 et seq.), procedure on the amendments are un­ cultural Marketing Agreement Act of and the orders regulating the handling of necessary and impracticable. 1937, as amended (7 U.S.C. 601 et seq.), milk in the Greater Boston, Massachu­ Issued at Washington, D.C., this 25th and of the order regulating the handling setts, marketing area (7 CFR Part 904), day of November 1959, to become ef­ of milk in the St. Louis, Missouri, mar­ the Springfield, Massachusetts, market­ fective January 1, 1960. keting area (7 CFR Part 903), it is hereby ing area (7 CFR Part 996), and the W or­ found and determined that: cester, Massachusetts, marketing area (7 R o y W. L e n n a r t s o n , (a) The following provision of the or­ CFR Part 999), it is hereby found and Deputy Administrator, der, no longer tends to effectuate the de­ determined that: Agricultural Marketing Service. clared policy of the Act with respect to (a) For the month of December 1959 [F.R. Doc. 59-10093; Filed, Nov. 30, 1959; the month of November 1959: all the provisions of § 904.48(b), § 996.48 8:48 a.m.] (1) The provision “ and November” ap­(b) and § 999.48(b) of the respective or­ pearing in the first proviso of § 903.9(b). ders, except the provision “ The supply- Emergency conditions are such that demand adjustment factor shall be” and this provision would prevent substantial the provision “ .88” as they appear in Chapter VII— Commodity Stabiliza­ numbers of producers regularly asso­ subparagraph (4), no longer tend to ef­ ciated with the market from participa­ fectuate the declared policy of the Act. tion Service (Farm Marketing tion in the pool. The temporary and un­ Quotas and Acreage Allotments), The supply-demand adjustor, as set expected heavy fall production has made forth in the sections of the respective Department of Agriculture it virtually impossible for supply plants orders referred to above, is intended to to qualify during November 1959, under reflect in the computation of the New PART 730—-RICE the present order provision. Suspen­ England basic Class I price for the cur­ sion of the provision cited will permit Subpart— 1960—61 Marketing Year rent month the current regional supply- plants regularly associated with the mar­ demand balance based on experience in S tate A creage A l l o t m e n t s ; M is c e l l a ­ ket to continue pool plant status under the second and third preceding months n e o u s A m e n d m e n t s • these unusual circumstances. Other as measured by conditions existing in the provisions will serve to limit the pool to Basis and purpose. The amendments Greater Boston, Springfield, and Worces­ plants associated with the market for ter markets. With the institution of herein are issued under and in accord­ the limited period provided. ance with the rice marketing quota pro­ regulation in the Southeastern New Eng­ (b) Notice of proposed rule making, land and Connecticut markets there has visions of the Agricultural Adjustment public procedure thereon, and 30 days Act of 1938, as amended, and is issued been a shifting of supplies and sales as notice of effective date hereof are im­ between the five New England markets for the purpose of correcting typographi­ practical, unnecessary, and contrary to cal errors in the issuance of State rice which has resulted in an apparent short­ the public interest in that: ening of the regional supply as measured acreage allotments for the 1960 crop (24 (1) This suspension order involves a P.R. 9122). by the present mechanics of the supply- relief from certain aspects of the regula­ demand adjustor. Since the only purpose of these amend­ tion. ments is to correct typographical errors, On the basis of the evidence intro­ (2) This suspension order is necessary duced at a public hearing held in Boston it is hereby determined that compliance to reflect current marketing conditions with the public notice, procedure, and on April 14-15, 1959, it was concluded and to maintain orderly marketing con­ that, in fact, there had been no signifi­ 30-day effective date provisions of sec­ ditions in the marketing area. tion 4 of the Administrative Procedure cant change in the actual supply-de­ (3) This suspension order has been re­ Apt U.S.C. 1003) is unnecessary. mand situation in the region. Accord­ (5 quested by associations representing Therefore, the amendments shall be­ ingly, the ^.supply-demand adjustment more than two-thirds of the producers come effective upon publication in the factor was held by suspension action at whose milk is subject to pricing by the F ederal R e g ister . 0.90 for the pricing months of May order. Section 730.1104 is amended by strike through October. Therefore, good cause exists for mak­ mg out in the table of State acreage al­ Evidence received at the public hear­ ing this order effective for the month of lotments the figure “ 299” for Arizona ing held at Boston on October 19-20, November 1959. 1959, indicated that the Class I price and inserting in lieu thereof the figure I t is therefore ordered, That the afore­ level maintained by suspension of the J229” ; by striking out the figure said provision of. the order is hereby sus­ supply-demand adjustment factor to 458,057” for the Producer Administra­ pended as of November 1, 1959, and until 0.90 since May 1959 had brought forth tive Area of Louisiana and inserting in further ordered. an adequate supply of milk to meet the No. 233------2 9568 RULES AND REGULATIONS fluid milk uses in the five markets. 1937, as amended (7 U.S.C. 601 et seq.), out needed soil and water conservation While other factors contained in the and of the order regulating the handling measures. The Agricultural Conserva­ New England basic Class I price formula of milk in the North Texas marketing tion Program is a means of making indicated a price increase for the month area (7 CFR Part 943), it is hereby found this Federal cost-sharing available to of November, the overall supply-demand and determined that : farmers. relationship did not warrant such ac­ (a) The following provisions of the I ntroduction tion. Accordingly, suspension action was order, no longer tend to effectuate the See." 1102.1000 Introduction. taken to set a supply-demand factor of declared policy of the Act: § 943.51(a) 0.88 for the month of November 1959, (3) (ii,) and (iii). General Program Principles thus continuing the same basic Class I (b) Notice of proposed rule making, 1102.1001 General program principles. price level as that which has provided public procedure thereon, and 30 days Allocation op Funds an adequate supply of milk for the five notice of effective date hereof are im­ markets during the preceding months practical, unnecessary, and contrary to 1102.1002 Allocation of funds. of 1959. the public interest in that: Selection op Practices, Responsibility for There has been no significant change (1) This suspension order does not T echnical P hases, and Bulletins, I n ­ in the supply-demand situation in the require of persons affected substantial structions, and Forms five markets or in the other factors con­ or extensive preparation prior to the 1102.1003 Selection of practices. tained in the New England Class I price effective date. 1102.1004 Responsibility for technical phases formula since the last suspension action. (2) This suspension order is necessary of practices. Use of a supply-demand adjustment fac­ to reflect current marketing conditions 1102.1005 - Bulletins, instructions, and forms. tor of 0.88 for the month of December and to maintain orderly marketing con­ Approval of Conservation Practices on 1959, will provide for continuing the ditions in the marketing area. I ndividual Farms same basic Class I price level which has (3) This suspension will decrease the effect of the supply-demand adjustment 1102.1006 Opportunity for requesting cost­ prevailed in the preceding months of sharing. 1959. in lowering the Class I price pending 1102.1007 Prior request for cost-sharing. Failure to suspend the provisions as amendatory action with respect to the 1102.1008 Method and extent of approval. herein provided would result in a Class I supply-demand adjustor. 1102.1009 Initial establishment or installa­ price for the month of December 1959 (4) Suspension action is based on evi­ tion of practices. in the five New England Federal order dence presented at a hearing held at 1102.1010 Repair, upkeep, and maintenance markets higher than would otherwise Dallas, Texas on October 28, 1959, and a of practices. prevail. Any price higher than that request by cooperative associations sup­ 1102.1011 Pooling agreements. which will result from this action would plying milk to the Texas Federal order Practice Completion Requirements be higher than necessary to provide an marketing areas which are affected by 1102.1012 Completion of practices. adequate supply of pure and wholesome the North Texas supply-demand ad­ 1102.1013 Practices substantially completed milk, and would be higher than justified justor; namely, North Texas, Central during program year. by the actual supply-demand situation. West Texas, Austin-Waco, San Antonio, 1102.1014 Practices involving the establish­ (b) Notice of proposed rule making,and Corpus Christi. The producer ment or improvement of vege­ public procedure thereon, and 30 days members of these associations supply tative cover. notice of effective date hereof are not more than 90 percent of the milk for Federal Cost-Shares practical, not necessary, and contrary these markets. 1102.1015 Conservation materials and serv­ to public interest in that: Therefore, good cause exists for mak­ ices. (1) This suspension order does not ing this order effective December 1,1959. 1102.1016 Practices carried out with State require of persons affected substantial I t is therefore ordered, That the afore­ or Federal aid. or extensive preparation prior to the said provisions of the order are hereby 1102.1017 Division of Federal cost-shares. effective date. suspended effective December 1, 1959. 1102.1018 Increase in small Federal cost- shares. (2) This suspension order is necessary (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.O. 1102.1019 Maximum Federal cost-share to reflect current marketing conditions 601-674) limitation. and to maintain orderly marketing con­ Issued at Washington, D.C., this 25th 1102.1020 Persons eligible to file application. ditions in each of the respective market­ day of November 1959. 1102.1021 Time and manner of filing appli­ ing areas. cation and required information. Therefore, good cause exists for mak­ • C lar en c e L. M il l e r , 1102.1022 Appeals. ing this order applicable for the month Assistant Secretary. General Provisions R elating To Federal of December 1959. [FJR. Doc. 59-10092; ""Filed, Nov. 30, 1959; Cost-Sharing I t is therefore ordered, That the afore­ 8:48 a.m.] 1102.1023 Compliance with regulatory meas­ said provisions of the aforesaid orders ures. . are hereby suspended effective upon 1102.1024 Maintenance of practices. issuance, for the month of December 1102.1025 Practices defeating purposes of 1959. programs. Chapter XI—-Agricultural Conserva­ 1102.1026 Depriving others of Federal cost- (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.O. tion Program Service, Department shares. 601-674) of Agriculture 1102.1027 Filing of false claims. 1102.1028 Misuse of purchase orders. Issued at Washington, D.C., this 24th PART 1102— AGRICULTURAL CON­ lit>2.1029 Federal cost-shares not subject to day of November 1959. SERVATION; PUERTO RICO claims. 1102.1030 Assignments. C lar en c e L; M il l e r , Assistant Secretary. Subpart— 1960 Definitions [F.R. Doc. 59-10071; Filedr, Nov. 30, 1959; The soil and water resources of the 1102.1033 Definitions. 8:46 a.m.] farmlands of our Nation must be pro­ Authority, Availability of Funds, and tected and conserved. This is essential Applicability in order that farms will continue to have 1102.1035 Authority. the capacity to produce sufficient food 1102.1036 Availability of funds. [ Milk Order No. 43 ] and other raw materials to meet the 1102.1037 Applicability. future needs of the Nation. PART 943— MILK IN NORTH TEXAS All the people of this Nation, not the Conservation Practices and Maxim um Rates of Cost-Sharing MARKETING AREA farmers alone, have a stake in, and a part Order Suspending Certain Provisions of the responsibility for protecting and 1102.1041 Practice 1: Initial establishment conserving, our farmlands. Recognizing of permanent sod waterways to Pursuant to the provisions of the Agri­ this, the Congress appropriates funds to » dispose of excess water without cultural Marketing Agreement Act of share with farmers the cost of carrying causing erosion. t Tuesday, December 1, 1959 FEDERAL REGISTER Ô569

Sec. Sec. '-r shared when carried out on a particular 1102.1042 Practice 2: Constructing continu­ 1102.1059 Practice 19: Applying ground farm, and the exact specifications and ous terraces to detain or con­ limestone, or its equivalent, to trol the flow of water and check permit the initial establishment rates of cost-sharing for such practices, soil erosion on sloping land. of grasses and legumes under are set forth in this subpart. Any addi­ 1102.1043 Practice 3: Establishing field di­ practice 20 (§ 1102.1060) and tional information may be obtained at version ditches or diversion the improvement of established the ASC district offices, or at the local terraces to intercept surface permanent pastures under offices’ of the Soil Conservation Service runoff from the watershed practice 22 (§ 1102.1062) or to with respect to practices 1 to 14, 18, 26, above and divert it into pro­ improve pastures established and 27 (§§ 1102.1041 to 1102.1054, 1102.- tected outlets to prevent ero­ prior to 1960. 1058, 1102.1066, and 1102.1067) and at sion and protect lower lying 1102.1060 Practice 20: Initial establishment cultivated areas. of improved permanent pasture the offices of the Forest Service with re­ 1102.1044 Practice 4: Constructing or en­ for erosion control by seeding, spect to practice 15 (§ 1102.1055). larging permanent open drain­ sodding, or sprigging perennial

keep and maintenance of those practices State forestry agencies will be utilized (d) These forms must be filed on or through their life spans. Cost-shares to the full extent such services are before June 30, 1960, or such extension are not applicable, after they are ini­ available. - thereof as determined by the ASC State tially utilized, to undertake a practice Office, but not extending beyond July 31, during its normal life span unless the § 1102.1005 Bulletins, instructions, and forms. 1960, except for cases of hardship as de­ practice has failed to serve for its normal termined by the ASC State Office. life span due to conditions beyond the The Administrator, ACPS, is author­ control of the farm operator. ized to make determinations and to-pre- § 1102.1008 Method and extent o f ap­ pare and issue bulletins, instructions, proval. A l l o c a t io n o f F u n d s 'and forms containing detailed informa­ The ASC State Office will determine, § 1102.1002 Allocation of funds. tion with respect to the 1960 program as or may delegate to the district offices au­ The amount of funds available for con­ it applies to Puerto Rico, and forms will thority to determine, the extent to which servation practices under this program be made available at the State and dis­ Federal funds will be available to share, is $867,000. This amount does not in­ trict ASC offices. Persons wishing to the cost of each approved practice on clude the amount set aside for adminis­ participate in tins program should ob­ each farm, taking into consideration the trative expenses and the amount re­ tain all information needed from the available funds, the conservation prob­ quired for increases in small Federal offices mentioned in this subpart in order lems of the individual farm and other cost-shares in § 1102.1018. to comply with all provisions of -the farms, and the conservation work for program. which requested Federal cost-sharing is S e l e c t io n o f P ractices, R esponsibility considered as most needed in 1960. Prior A ppr o va l o f C onservation P ractices o n for T e c h n ic a l P h a s e s , an d B u l l e t in s , approval of the ASC State Office is re­ I n d iv id u a l F arm s a n d F orm s quired for all practices. The notice of § 1102.1006 Opportunity for requesting § 1102.1003 Selection of practices. approval shall show for each approved cost-sharing. practice the number of units of the prac­ The practices included in this subpart Each farmer shall be given an oppor­ tice for, which the Federal Government are those for which the ASC State Office, tunity to request that the Federal Gov­ will share in the cost and the amount the Soil Conservation Service, and the ernment share in the cost of those prac­ of the Federal cost-share for the per­ Forest Service agree that cost-sharing is tices on which he considers he needs such formance of that number of units of the essential to permit accomplishment of assistance in order to permit their per­ practice. The maximum Federal cost- needed conservation work which would formance on his farm. share for a farm shall be equal to the not otherwise be carried out. total of the cost-shares for all practices § 1102.1007 Prior request for cost-shar­ approved for the farm and carried out in § 1102.1004 Responsibility for technical ing. phases of practices. accordance with the specifications for (a) Costs will be shared only for those such practices. No practice may be ap­ (a) The Soil Conservation Service is practices for which cost-sharing is re­ proved for cost-sharing except as author­ responsible for the technical phases of quested by the farmer before perform­ ized by the program contained in this practices 1 to 14, 18, 26, and 27 (§§ 1102.- ance thereof is started. For practices subpart, or in accordance with proce­ 1041 to 1102.1054, 1102.1058, 1102.1066, for which (1) approval was given under dures incorporated therein. Available and 1102.1067). This responsibility the 1959 Agricultural Conservation Pro­ funds for cost-sharing shall not be allo­ shall include (1) a finding that the gram, (2) performance was started but cated on a farm or acreage-quota basis, practice is needed and practicable on not completed during the 1959 program but shall be directed to the accomplish­ the farm, (2) necessary site selection, year, and (3) the ASC State Office be­ ment of the most enduring conservation other preliminary work, and layout work lieves the extension of the approval to benefits attainable. of the practice, (3) necessary supervision the 1960 program is justified under the of the installation, and (4) certification § 1102.1009 Initial establishment or in­ 1960 program regulations and provisions, stallation o f practices. of performance. Complete specifica­ the filing of the request for cost-sharing tions for practices 1 to 12 (§§ 1102.1041 to under the 1959 program may be regarded (a) Federal cost-sharing may be au­ 1102.1052) are contained in a document as meeting the requirement of the 1960 thorized under the 1960 program only entitled “Detailed Specifications for Con­ program that a request for cost-sharing for the initial establishment or installa­ servation Practices—Puerto Rico” pre­ be filed before performance of the prac­ tion of the practices contained in this pared by the Soil Conservation Service, tice is started. subpart. The initial establishment or Caribbean Area Office, and available at (b) Any farmer who wishes to par­ installation of a practice, for the pur­ the SCS work unit offices and the ASC ticipate in the 1960 program must file poses of the 1960 program, shall be district offices. The Soil Conservation the applicable form as follows: deemed to include the replacement, en­ Service may utilize assistance from pri­ (1) For practices 1 to 15 and 27 largement, or restoration of practices for vate, State, or Federal agencies in carry­ (§§ 1102.1041 to 1102.1055 and 1102.1067), which cost-sharing has been allowed ing out these assigned'responsibilities. Cert. Form No. 39-60—P.R., Request for since the 1953 program if the practice has served for its normal life span, or The Soil Conservation Service will utilize Federal Cost-Shares and Notice of to the full extent available resources of Approval. if all of the following conditions exist : (1) Replacement, enlargement, or res­ the State forestry agencies in carrying (2) For practices 16 to 22 and 26 toration of the practice is needed to meet out its assigned responsibilities for prac­ (§§ 1102.1056 to 1102.1062 and 1102.1066), tice 14 (§ 1102.1054). the conservation problem. Cert. Form No. 40-60—P.R., Request for (b) The Forest Service is responsible (2) The failure of the original prac­ for the technical phases of practice 15 Cost-Shares and Purchase Order, Certifi­ tice was not due to the lack of proper ¡(.§ 1102.1055). This responsibility shall cation of Eligibility and Notice of maintenance by the current operator. include (1) providing necessary spe­ Approval. (3) The ASC State Office believes that cialized technical assistance, (2) devel­ (3) For practices 23 to 25 (§§ 1102.1063 the replacement, enlargement, or restor­ opment of specifications for the practice, to 1102.1065), O-Form No. 112 (Revised), ation of the practice merits considera­ and (3) working through the ASC State Request for Cost-Shares and Purchase tion under the program to an equal Office, determining performance in meet­ Order, Certification of Eligibility and extent with other practices for which ing these specifications. This responsi­ Notice of Approval. cost-sharing has not been allowed under bility also includes (i) a finding that the (c) These forms may be obtained and a previous program. practice is needed and practicable on the (b) With normal upkeep and mainte­ filed at any of the ASC district offices, nance, practices 1 to 23, 26, and 27 farm, (ii) necessary site selection, other field offices of the Soil-Conservation preliminary work, and layout work of (§§ 1102.1041 to 1102.1063, 1102.1066, and the practice, (iii) necessary supervision Service (SCS), field offices of the Exten­ 1102.1067) carried out under the 1954 of the installation, and (iv) certification sion Service, district offices of the or a subsequent program would not have of performance. The Forest Service may Farmers Home Administration, and field served their life spans by the end of the utilize assistance from private, State, or offices of the Department of Agriculture 1960 program year. Accordingly, cost­ Federal agencies in carrying out these and Commerce of the Commonwealth of sharing for reestablishment or replace­ assigned responsibilities, but services of Puerto Rico. ment of these practices may be author-

I Tuesday, D ecem ber 1, 1959 FEDERAL REGISTER 9571

ized only under the conditions set forth F ederal C o s t -S hares tice for which it was furnished. I f the in this section. § 1102.1015 Conservation materials and person uses any material or service for § 1102.1010 Repair, upkeep, and main­ services. any purpose other than that for which tenance o f practices. it was furnished, he shall be indebted to

(b) Death, incompetency, or disap­Amount of cost-share Increase in where failure to submit required forms pearance. In case of death, incompe­ computed— Continued cost-share and information within the applicable $55 to $55.99______$13.50 time limits is due to reasons beyond the tency, or disappearance of any person, $56 to $56.99______13.60 any Federal share of the cost due him control of the farmer. $57 to $57.99_.____:______:______._ 13. 70 (b) Payment of Federal cost-shares shall be paid to his successor, determined $58 to $58.99_.______13.80 will be made only upon application sub­ in accordance with the provisions of the $59 to $59.99______13.90 $60 to $185.99______14. 00 mitted on the prescribed form to the ASC regulations in ACP-122, as amended $186 to $199.99______— (*)' district offices not later than February 28, (Part 1108 of this chapter). $200 and over______i ______i 2) • 1961, except that the ASC State Office § 1102.1018 Increase in small Federal »Increase to $200. may accept an application filed after cost-shares. 8 No increase. February 28, 1961, but not later than December 31, 1961, in cases where the The sum of the Federal cost-shares § 1102.1019 Maximum Federal cost- failure to timely file was not the fault, computed for any person with respect to share limitation. of the applicant. Any application for any farm shall be increased as follows: (a) The total of all Federal cost-shares payment may be rejected if any form or Provided, however, That in the event under the 1960 program to any person information required of the applicant legislation is enacted which repeals or with respect to farms, ranching units, is not submitted to the ASC district office amends the authority for making such and turpentine places in the United within the applicable time limit. Re­ increases, the Secretary may, in such States (including Puerto Rico and the ceipts or invoices required by the word­ manner and at such time as is consistent Virgin Islands) for approved practices ing of practices as evidence of perform­ with such legislation, discontinue such which are not carried out under pooling ance shall be retained by the applicant agreements shall not exceed the sum of for presentation to the ASC State Office increases: $2,500, and for all approved practices, for a period of two years following the (a) Any Federal cost-share amounting including those carried out under pooling end of the program year. to $0.71 or less shall be increased to $1.00. agreements, shall not exceed the sum of (c) If an application for a farm is (b) Any Federal cost-share amounting $ 10,000. filed within the time prescribed, any to more than $0.71, but less than $1.00, (b) All or any part of any Federal cost- person on the farm who did not sign the shall be increased by 40 percent. share which otherwise would be due any application may subsequently file an ap­ (c) Any Federal cost-share amounting person under the 1960 program may be plication, provided he does so on or be­ -to $1.00 or more shall be increased in withheld, or required to be refunded, fore December 31, 1961. accordance with the following schedule: if he has adopted, or participated in adopting, any scheme or device, includ­ § 1102.1022 Appeals. Amount of cost-share Increase in computed: cost-share ing the dissolution, reorganization, re­

dered had met all requirements for the penalty or liability which might other­ ing quota and acreage allotment pro­ practice. wise be imposed. grams. G ener al P r o v is io n s R e l a t in g t o F ederal § 1102.1028 Misuse of purchase orders. (g) “ Coffee farm” means the same as C o st -S h a r in g “farm,” except that it shall contain at I f the ASC State Office finds that any least 0.5 acre of coffee in production in §1102.1023 Compliance with regulatory person has knowingly used a purchase any one contiguous area. measures. order issued to him for conservation ma­ (h) “ Sugarcane farm” means any Persons who carry out conservation terials or services for a purpose other farm that has sugarcane growing in practices under the 1960 program shall than that for which it was issued, and 1960. be responsible for obtaining the authori­ that such misuse of the purchase order

United States or a corporation wholly of the lower lying areas does not follow (d) In order to qualify for Federal owned by it. the approximate contour. Necessary cost-sharing, the construction or en­ (b) The program is applicable to (1) protected outlets must be established in largement of permanent open drainage privately owned lands; (2) lands owned accordance with the specifications for systems must conform with the speci­ by a State or political subdivision or practice 1 (§ 1102.1041) prior to con­ fications set forth in “Detailed Specifi­ agency thereof; (3) lands owned by cor­ struction of field diversion ditches. In cations for Conservation Practices— porations which are partly owned by the order to qualify for Federal cost-sharing, Puerto Rico,” prepared by the Soil Con­ United States, such as production credit the establishment of field diversion servation Service, Caribbean Area Office. associations; (4) lands temporarily ditches or diversion terraces must con­ Maximum Federal cost-share, (a ) $0.20 owned by the United States or a cor­ form with the specifications set forth in per cubic yard of earth moved. poration wholly owned by it which were “ Detailed Specifications for Conservation (b) $15.00 per acre for clearing existing not acquired or reserved for conservation Practices—Puerto Rico,” prepared by the channel and 15 feet beyond each bank, but purposes, including lands administered Soil Conservation Service, Caribbean not to exceed 50 percent of actual cost of by the Farmers Home Administration, Area Office. clearing. (Receipts or records showing pay­ ment for labor will be required by the in­ the Federal Farm Mortgage Corporation, Maximum Federal cost-share. $0.20 per spector as evidence of accomplishment under the United States Department of De­ cubic yard of earth moved. this rate of cost-sharing.) fense, or by any other Government agen­ cy designated by the Administrator, § 1102.1044 Practice 4: Constructing or § 1102.1045 Practice 5: Installing per­ ACPS; (5) any cropland farmed by pri­ enlarging permanent open drainage manent underground tile drainage vate persons which is owned by the systems to dispose o f excess water. systems to dispose of excess water. United States or a corporation wholly (a) Federal cost-sharing will be al­ (a) This practice will be applicable owned by it; and (6) noncropland owned lowed for both new ditches and for where internal drainage is needed, soils by the United States for performance by clearing and/or enlarging old channels are adaptable, and all possible surface private persons of conservation practices where there is poor drainage and flood drainage consistent with farming prac­ which directly conserve or benefit nearby damage due to poor conditions of natural tices has been completed. or adjoining privately owned lands of streams of extremely low gradients, or (b) No Federal cost-sharing will be such persons who maintain and use such to impaired carrying capacity because allowed for systems, the primary pur­ federally owned noncropland under of vegetative or woody growth or irregu­ pose of which is to bring new land into agreement with the Federal agency hav­ larities in channel gradients, and where agricultural production. This practice ing jurisdiction thereof. a new straight channel would have ex­ is not applicable to land other than that cessive gradient. devoted to the production of cultivated C onservation P r actices an d M a x im u m (b) No Federal cost-sharing will be crops or crops normally seeded to hay R ates o f C o s t -S h a r in g allowed for ditches, the primary purpose or pasture during at least 2 of the 5 years § 1102.1041 Practice 1 : Initial establish­ of which is to bring new land into agri­ preceding that in which the practice is ment of permanent sod waterways to cultural production. This practice is not > applied: Provided, however, That upon a dispose o f excess water without caus­ applicable to land other than that de­ showing by a farmer applicant for this ing erosion. voted to the production of cultivated practice that the land on which the prac­ In order to qualify for Federal cost­ crops or crops normally seeded to hay or tice is to be applied was in cultivated sharing, the establishment of natural pasture during at least 2 of the 5 years crops or seeded pasture 2 years out of waterways or disposal areas and the con­ preceding that in which the practice is 10 years preceding the application ap­ struction of outlet channels must con­ applied: Provided, however, That upon a plied for, he may be allowed cost-shares form with specifications set forth in showing by a farmer applicant for this as to such land. The installation of this “ Detailed Specifications for Conservation practice that the land on which the practice on eligible land shall not be Practices—Puerto Rico,” prepared by the practice is to be applied was in cultivated ineligible for cost-shares because its use Soil Conservation Service, Caribbean crops or seeded pasture 2 years out of results in incidental drainage on ineli­ Area Office. 10 years preceding the application ap­ gible land. In the installation of drain­ plied for, he may be allowed cost-shares age systems, due consideration shall be Maximum Federal cost-share, (a ) $2.25 per 1,000 square feet, when established by as to such land. The installation of this given to the maintenance of wildlife shaping and planting cuttings, runners, practice on eligible land shall not be habitat. stolons, or broadcasting seed. ineligible for cost-shares because its use (c ) , Regardless of the size of tile used, (b) $9.75 per 1,000 square feet, when results in incidental drainage on ineligi­ Federal cost-sharing shall not exceed established by shaping and sodding. ble land. No Federal cost-shares are $50.00 per acre. No Federal cost-sharing (c) $0.30 per cubic yard of earth moved, allowable for cleaning a ditch, installing will be allowed for repairing or main­ when a channel is constructed by excavation crossing structures, or for other struc­ taining existing tile drainage systems. and vegetation is established. tures primarily for the convenience of (d) In order to qualify for Federal § 1102.1042 Practice 2: Constructing the farm operator. In the installation cost-sharing, acceptable size and grade continuous terraces to detain or con­ of drainage systems, due consideration of tile shall be laid to a predesigned trol the flow o f water and check soil shall be given to the maintenance of depth, grade, and alinement, and cov­ erosion on sloping land. wildlife habitat. No Federal cost-shar­ ered, all in a workmanlike manner. An In order to qualify for Federal cost­ ing will be allowed for permanent open acceptable outlet must be provided. sharing, a channel or Nichols type ter­ farm drainage ditches constructed or en­ (e) The tile drainage system must race shall be constructed on land of from larged on sugarcane land, except where comply with the conditions and specifi­ 2 to 13 percent slope. The terrace sys­ such drainage is carried out as a commu­ cations set forth in “Detailed Specifica­ tem must also comply with the condi­ nity project under a pooling agreement tions for Conservation Practices—Puerto tions and specifications set forth in approved by the ASC State Office. No Rico,” prepared by the Soil Conservation “ Detailed Specifications for Conservation Federal cost-sharing will be allowed for Service, Caribbean Area Office. Practices—Puerto Rico,” prepared by the this practice where there is any likeli­ Maximum Federal cost-share, (a) $0.08 Soil Conservation Service, Caribbean hood that it will create an erosion or per linear foot for 4-inch tile. Area Office. flood hazard. (b ) $0.10 per linear foot for 6-inch tile. (c) Construction or improvement of (c) $0.12 per linear foot for 8-inch tile. Maximum Federal cost-share. $1.25 per channels under this practice will not be (d ) $0.15 per linear foot for 10- to 12-inch 100 linear feet of terrace. tile. approved where the watershed being (e) $0.20 per linear foot for 12-inch tile § 1102.1043 Practice 3: Establishing drained discharges large quantities of and above. field diversion ditches or diversion sand or silt creating a sedimentation terraces to intercept surface runoff problem in drainage channels, unless § 1102.1046 Practice 6: Constructing from the watershed above and divert protective Pleasures are applied in the hillside ditches with or without vege­ it into protected outlets to prevent contributing watershed such as vegeta­ tative barriers to detain or control erosion and protect lower lying culti­ tive cover on sand or silt contributing the flow o f water and check erosion vated areas. areas and/or silt detention reservoirs or on sloping land. \ No Federal cost-sharing will be al­ desilting basins established prior to con? (a) In order to qualify for cost-shar­ lowed for this practice if the cultivation struction of ditches. ing, the hillside ditch system must be Tuesday, D ecem ber 1, 1959 FEDERAL REGISTER 9575

established on fields cultivated along dams, pits, or ponds, the primary pur­ the Soil Conservation Service. The approximate contour or in orchards of pose of which is to bring into agricul­ width of the clean-tilled area must not 2 to 40 percent slope in accordance with tural production land which was not exceed twice the width of the nonculti- the conditions and specifications set devoted to the production of cultivated vated area of vegetation. forth in “Detailed Specifications for Con­ crops or crops normally seeded for hay Maximum Federal cost-share. $6.00 per servation Practices—Puerto Rico,” pre­ or pasture in the area dining at least acre. pared by the Soil Conservation Service, 2 of the last 5 years. Caribbean Area Office. (b) In order to qualify for Federal § 1102.1052 Practice 12: Leveling land (b) No Federal cost-sharing will be cost-sharing, the construction, enlarg­ for more efficient use o f irrigation allowed under this practice if the Com­ ing, or sealing of dams, pits, or ponds for water and to prevent erosion. monwealth Government shares in the irrigation water must conform with the (a) The purpose of this practice is to cost under any other program. conditions and specifications set forth in alter the slope or topography of irrigated Maximum Federal cost-share, (a ) $1.00 “ Detailed Specifications for Conserva­ land in such a manner as to (1) hold per 100 linear feet of ditches without vege­ tion Practices—Puerto Rico,” prepared 1 erosion damage to the minimum, (2) tative barriers. by the Soil Conservation Service, Carib­ make maximum use Of rainfall, (3) ob­ (b) $1.30 per 100 linear feet of ditches bean Area Office. tain effective use of irrigation Crater, and with vegetative barriers. Maximum Federal cost-share, (a ) $0.20 (4) facilitate soil and water manage­ § 1102.1047 Practice 7: Constructing per cubic yard of earth moved in the con­ ment. rock barriers to form and support struction of an earth dam, pond, or pit. (b) Federal cost-sharing will not be bench terraces and control the flow (b) $15.00 per cubic yard of concrete or approved for routine floating or restora­ o f water and check erosimi on sloping rubble masonry vised in the construction of tion of grade, or on any land for which land. a concrete dam or in lining any part of an excavated pond or pit when the permeability cost-sharing for leveling was givèn under In order to qualify for Federal cost­ of the soil makes such lining desirable, or a previous program. Federal cost-shar­ sharing, the rock barriers must be con­ in the construction of a masonry dam. ing will not be approved if the primary structed in accordance with specifica­ (c) $22.00 per cubic yard of steel rein­ purpose of the leveling is to bring into tions set forth in “Detailed Specifica­ forced concrete used for box culvert, cradle, agricultural production land which was tions for Conservation Practices— Puerto cutoff walls, headwalls, outlet structures, not devoted to the production of culti­ and/or risers. vated crops or crops normally seeded for Rico,” prepared by the Soil Conservation (d) 50 percent of actual cost of conduits, Service, Caribbean Area Office. slide gates, and metal cutoff collars. (R e­ hay or pasture in the area during at least 2 of the last 5 years. The leveling must Maximum Federal cost-share. $1.50 per ceipts or invoices showing the purchase of cubic yard of rock used. these materials will be required by the in­ be carried out in accordance with a plan spector as evidence of accomplishment un­ approved by the responsible technician. § 1102.1048 Practice 8: Constructing, der this rate of cost-sharing.) (c) The practice must be recom­ enlarging, or sealing dams, pits, or mended, supervised, and approved by a ponds as a means of protecting vege­ § 1102.1050 Practice 10: Planting vege­ tative barriers on cultivated land, Soil Conservation Service representative, tative cover or to make practicable and performed to meet the requirements the utilization o f the land for vegeta­ orchards, or coffee groves of 10 per­ cent or more slope. of SCS Conservation Practice Engineer­ tive cover. ing Specifications on “Land Leveling for (a) The dams, pits, or ponds must be No Federal cost-sharing will be al­ Irrigation.” at locations which will bring about the lowed on cultivated land if cultivation does not follow the approximate contour. Maximum Federal cost-share. $0.20 per desired protection of vegetative cover cubic yard, not to exceed $25.00 per acre. through proper distribution of grazing Cost-sharing will be allowed when the or better grassland management or grasses forming the barrier are planted §1102.1053 Practice 13: Constructing make practicable the utilization of the in accordance with the following specifi­ or installing miscellaneous perma­ land for vegetative cover. cations: nent structures such as dams, chutes, (b) In order to qualify for Federal (a) Grasses listed under the specifica­ drops, flumes, or similar structures tions for practice 6 (§ 1102.1046) may be to prevent or heal gullying, or in con­ cost-sharing, the construction, enlarg­ nection with farm drainage systems, ing, or sealing of dams, pits, or ponds used and must be planted along contour lines. or in connection with the reorganiza­ must conform with the conditions ^nd tion o f farm irrigation systems. specifications set forth in “Detailed Ob) The vertical distance between the Specifications for Conservation Prac­ barriers must not exceed 9 feet. (a) In order to qualify for cost-shar­ tices— Puerto Rico,” prepared by the Soil (c) When cuttings of stiff-stemmed ing, measures performed under this Conservation Service, Caribbean Area grasses are used, two rows 6 inches apart practice must be in accordance with Office. must be planted. ' When clump divisions technical standards approved by the Soil of such grasses are used, the rows must Conservation Service, Caribbean Area Maximum Federal cost-share, (a ) $0.20 be approximately 6 inches wide. Office. per cubic yard of earth moved In the con­ struction of an earth dam, pond, or pit. (d) When sod-forming grasses are (b) The reorganization of farm irri­ (b) $15.00 per cubic yard of concrete or used, the planted rows must be approxi­ gation systems (a change for the better rubble masonry used in the construction of mately 3 feet wide. in the method of conveying water to and a concrete dam or in lining any part of an (e) No Federal cost-sharing will be in fields) must be in accordance with a excavated pond or pit when the permeability allowed under this practice if the Com­ plan approved by an SCS technician. of the soil makes such lining desirable, or monwealth Government shares in the No Federal cost-sharing will be allowed in the construction of a masonry dam. cost under any other program. for structures installed for crossings, or (c) $22.00 per cubic yard of steel rein­ forced concrete used for cutoff walls, head- Maximum Federal cost-share. $0.30 per for other structures primarily for the walls, outlet structures, and/or risers. 100 linear feet. convenience of the farm pperator. (c) No Federal cost-sharing will be (d) 50 percent of actual cost of conduits § 1102.1051 Practice 11: Initial estab­ &nd metal cutoff collars. (Receipts or in­ allowed for structures constructed or in­ lishment of contour strip-cropping on voices showing the purchase of these mate­ stalled in connection with irrigation if nonterraced land to protect soil from rials will be required by the inspector as the primary purpose is to bring addi­ water erosion by planting alternate evidence of accomplishment under this rate tional land under irrigation or to reor­ of cost-sharing.) strips o f clean-tilled crops and non- cultivated grasses or legumes which ganize a system not used during at least § 1102.1049 Practice 9: Constructing, will prevent soil washing. 2 of the last 5 years. enlarging,' or sealing dams, pits, or (d) No Federal cost-sharing will be No cost-sharing will be allowed on cul­ ponds to impound surface water for allowed for structures constructed or in­ irrigation. tivated land if cultivation does not fol­ low the approximate contour. Contour stalled in connection with drainage, the (a) The purpose of this practice is to lines must be established and all cultural primary purpose of which is to bring new conserve agricultural water or to provide operations performed as nearly as prac­ land into agricultural production. Water necessary for the conservation of ticable on the contour. The spacing Maximum Federal cost-share, (a ) $0.20 soil resources. No Federal cost-sharing and width of the strips must be in ac­ will be allowed for constructing or lining per cubic yard of earth moved in the con­ cordance with the recommendations of struction of earth dams. 9576 RULES AND REGULATIONS

' (b) $15.00 per cubic yard of rubble (c) Cost-sharing for carrying out this (e) Cost-sharing for carrying out this masonry. practice is limited to farms located with­ practice is limited to farms located (c) $22.00 per cubic yard of steel rein­ in the North Area, comprising the mu­ within the eight areas mentioned in forced concrete. nicipalities of Toa Baja, Bayamon, Ca- practice 16 (§ 1102.1056). (d ) 50 percent of the actual cost of ma­ (f) No Federal cost-sharing will be terials used other than concrete and rubble tano, Guaynabo, Carolina, Rio Piedras, masonry. (Receipts or invoices showing the Trujillo Alto, and Dorado; the West allowed under this practice if the Com­ purchase of these materials will be required Area, comprising the municipalities of monwealth of Puerto Rico shares in the by the inspector as evidence of accomplish­ Aguàda, Aguadilla, Anasco, Rincon, cost under any other program. ment under this rate of cost-sharing.) Moca, Mayaguez, Cabo Rojo, Hormi- Maximum Federal cost-share. $3.00 per § 1102.1054 Practice 14: Initial estab­ gueros, and San German; the Southeast 100 linear feet. Area, comprising the municipalities of lishment o f a stand bf fruit trees for § 1102.1058 Practice 18: Installing pipe­ erosion control and/or for wind­ Arroyo, Cayey, Guayama, and Salinas; the Southwest Àrea, comprising the mu­ lines for livestock water as a means breaks. o f protecting vegetative cover or to nicipalities of Guanica, Lajas, Sabana make practicable the utilization of For erosion control, trees must be Grande, and Yauco; the South Area, the land for vegetative cover. planted on the contour and be protected comprising the municipalities of Guay- from fire and grazing. A permanent anilla, Penuelas, Juana Diaz, Villalba, (a) The pipelines must deliver water cover of grass, legumes, or mulch must Santa Isabel, and Ponce; the East Area, to locations which will bring about the be maintained under the trees. For comprising the municipalities of Hu- desired protection of vegetative cover windbreaks, the trees must be planted macao, Juncos, Las Piedras, Naguabo, through proper distribution of grazing in such a pattern as to constitute an Patillas, Yabucoa, and Maunabo; the or better grassland management or make effective barrier against the prevailing Central East Area, comprising the mu­ practicable the utilization of the land winds. They must afford protection for nicipalities of Gurabo, Aguas Buenas, for vegetative cover. adjacent areas which are devoted to agri­ Cidra, Caguas, and San Lorenzo; and the (b) Cost-sharing will be allowed when cultural purposes.' Federal cost-sharing Northeast Area, comprising the mu­ the pipeline carries water to areas where will be allowed for not more than 200 nicipalities of Loiza, Luquillo, Rio no other water supply for livestock is trees on a farm. Grande, Fajardo, Ceiba, Vieques, and available and proper drinking troughs Maximum Federal. cost-share. $0.10 per Culebra. have been provided; and where the pipe tree. (d) No Federal cost-sharing will be used is new galvanized or comparable § 1102.1055 Practice 15: Planting of allowed for carrying out this practice on pipe meeting the following minimum ' trees on farmland for purposes other any acreage for which cost-sharing for specifications: (1) Metal pipes (gal­ than the prevention of wind or water eliminating the same competitive shrubs vanized, wrought iron, welded steely lead, erosion. was allowed by the Commonwealth Gov­ copper, or brass) meeting specifications ernment under a previous program. No as adopted by all reputable pipe manu­ In order to qualify for Federal cost­ Federal cost-sharing will be allowed facturers; (2) plastic pipes either flex­ sharing, at least % acre must be planted, under this practice if the Common­ ible or rigid as specified in standards and the trees are to be spaced no wider wealth of Puerto Rico shares in the cost established by the Society of Plastic In ­ than 8 by 8 feet. Plantings must be under any other program. dustry, The pipe will be buried suffi­ protected from fire and grazing. Fed­ ciently deep to prevent damage by farm eral cost-sharing may be authorized for Maximum Federal cost-share. $4.00 per acre. machinery where crossings are needed. fences, where needed to protect the trees (c) Receipts or invoices showing the being planted, but shall be limited to § 1102.1057 Practice 17: Constructing purchase of new pipe, properly dated and permanent fences. Boundary and road permanent fences as a means of pro­ signed by the vendor, should be retained fences and the repair, replacement, or tecting vegetative cover. for presentation to the farm inspector maintenance of existing fences are ex­ (a) This practice may be approved at the time of inspection. cluded. The fences must be constructed only where fencing will contribute to (d) Cost-sharing for carrying out this with new materials. The posts must be better distribution of livestock and sea­ practice is limited to farms located spaced not more than 8 feet apart with sonal use of the forage. Fences between within the eight areas mentioned in the corner posts adequately braced. pasture and other land will not qualify practice 16 (§ 1102.1056). Three strands of barbed wire, No. 12% for cost-sharing. Fences must have (e) No Federal cost-sharing will be gauge or heavier, properly stretched pasture or range land on both sides of allowed under this practice if the Com­ must be used. the fence. monwealth of Puerto Rico shares in the Maximum Federal cost-share, (a ) $4.00 (b) Cost-sharing will be allowed only cost under any other program. per 100 trees living at the time of inspection, for new fenoes constructed entirely of Maximum Federal cost-share, (a ) $0.10 not to exceed 1,750 trees per acre. new materials. Cost-sharing will not be (b) $3.00 per 100 linear feet of fences. per linear foot when new pipes of from % allowed for the repair, replacement, or to 1 inch diameter are used. § 1102.1056 Practice 16: Controlling maintenance of existing fences. (b) $0.15 per linear foot when new pipes competitive shrubs by brushing estab­ (c) Eligible fences are generally those of from 1% to 1% inches diameter are used. lished permanent pasture to permit which are constructed for the purpose of (c) $0.25 per linear foot when new pipes growth of adequate desirable vegeta­ dividing an original field into two or of 2 inches or more diameter are used. tive cover for soil protection on more small fields between which live­ § 1102.1059 Practice 19: Applying pasturelands. stock will be rotated. I f it is necessary ground limestone, or its equivalent, (a) This practice is eligible only on to construct some boundary or road to permit the initial establishment of pastures of the grasses and legumes fence, as well as the dividing fence, to grasses and legumes under practice specified in practice 20 (§ 1102.1060). In accomplish the needed protection of the 20 (§ 1102.1060) and the improve­ order to qualify for the cost-share al­ vegetative cover, cost-sharing will be ment of established permanent pas­ lowed under this practice, all competi­ allowed for the boundary or road fence. tures under practice 22 (§ 1102.- tive shrubs, such as the following, must (d) Hardwood, steel, or concrete posts 1062) or to improve pastures estab­ be eliminated by uprooting or through or living tree posts shall be used. Posts lished prior to 1960. the use of herbicides: Santa Maria, must be spaced not more than 8 feet (a) Cost-sharing for the application Zarzas, Tunas, Margarita, Albahaca, apart with corner posts adequately of ground limestone is based on soil pH Cadillo, Guayabo, Jaraguazo, Verbena, braced. For barbed wire fences, three as follows: (1) If the pH determination strands of No. 12% standard gauge or Aroma, Escoba, Mesquite. shows 5.2 or less, cost-sharing will be heavier wire must be used and tightly allowed for applying up to 4 tons per (b) On areas where it is determined stretched. For woven wire fences, the acre. (2) i f the pH determination shows that the control of competitive shrubs wire must be not less than 4 feet high will reduce the vegetative cover to such with a top and bottom strand of No. 10 more than 5.2, but not more than 5.8, an extent as to induce erosion, the prac­ standard gauge wire, and No. 12% stand­ cost-sharing will be allowed for applying tice will not be approved unless followed ard gauge in all intermediate wires and up to 2 tons per acre. (3) I f the pH by seeding or other approved erosion with stay wires 12 inches apart. The determination shows more than 5.8, no control measures. woven wire must be tightly stretched. cost-sharing will be allowed. Tuesday, D ecem ber 1, 1959 FEDERAL REGISTER 9577 .

(b) Cost-sharing for carrying out this § 1102.1061 Practice 21: Initial applica­ designated for the initial establishment practice is limited to farms located within tion of refuse from sugar mill grind­ of the coffee groves. Such designated the eight areas mentioned in practice 16 ing operations, known as filter cake, area shall not exceed 25 acres on the (§ 1102.1056). to permit the initial establishment o f farm of any program participant. (c) No Federal cost-sharing will be pasture under practice 20 (§ 1102.- (b) The shade trees to be planted must allowed under this practice if. the Com­ 1060) for soil protection and mois­ be of the leguminous species currently monwealth of Puerto Rico shares in the ture conservation. used such as guaba venezolana, guaba, cost under any other program. (a) Farms from which more than 100 guama, moca, bucare enano, madre de Maximum Federal cost-share. $4.00 per acres of sugarcane are harvested in I960, cacao, Leucaena, etc. Not more than ton of ground limestone containing at least and any farm operated by a producer- 100 shade trees should be planted per 80 percent calcium carbonate equivalent. processor as defined under the Sugar acre and they must be well distributed Program, are not eligible for cost-shar­ throughout the area in order to provide, § 1102.1060 Practice 20: Initial estab­ lishment of improved permanent pas­ ing under this practice. when grown, not less than approximately ture for erosion control by seeding, (b) The filter cake should be spread 20 percent shade nor more than approxi­ sodding, or sprigging perennial leg­ over the land and plowed under with the mately 40 percent shade. As far as prac­ umes or self-reseeding annual or second plowing and before furrowing. A ticable, all new permanent shade trees perennial grasses, or a mixture of certificate from the mill showing the tons must be planted along the approximate legumes and perennial grasses, or of filter cake delivered to the participat­ contour. Cost-sharing will be allowed other approved forage plants. ing farmer must be retained for pres­ only for shade trees which are well es­ entation to the farm inspector at the tablished, free from vines and weeds, (a) Commercial fertilizers of formulas and at least 18 inches high at the time other than 12-6-10 or 12-6-8 may be ac­ time of inspection. I f such certificate is not obtainable, the farmer must re­ of inspection. cepted if approved by the ASC State (c) Measures for the improvement of Office. quest the corresponding ASC district office to inspect the filter cake before it an existing stand of shade trees shall (b) The varieties of grasses and leg­ is spread over the land. consist of thinning, pruning, cutting, and umes planted must be well adapted to (c) Cost-sharing for carrying out this protection of desirable trees by remov­ the conditions of the particular area. practice is limited to farms located ing or killing competing and undesirable Plantings must be carried out on not within the eight areas mentioned in vegetation. To be,eligible for cost-shar­ less than y acre to qualify for cost­ 2 practice 16 (§ 1102.1056). ing, the trees left must be less than 6 sharing. The land must be properly inches in diameter at breast height and prepared by plowing, harrowing (if nec­ (d) No Federal cost-sharing will be allowed under this practice if the Com­ the residual stand of trees shall provide essary), and furrowing on approximate not less than approximately 20 percent contour lines, or by hand preparation. monwealth of Puerto Rico shares in the cost under any other program. shade nor more than approximately 40 Sufficient clump divisions, sprigs, cut­ percent shade. tings, or seeds must be used to secure a Maximum Federal cost-share. $0.50 per ton, but not exceeding 20 tons per acre. (d) The live and dead ground cover good ground cover at maturity. must be maintained so that not less than (c) When a Guinea grass pasture is § 1102.1062 Practice 22: Improvement 80 percent of the soil surface within the established by using seed, the rate of of established permanent pasture of designated area is adequately main­ seeding should not be less than 20 pounds Molasses, Guinea, Gramalote, and tained.- The live ground cover must be per acre. When Guinea and/or Molas­ Para grass by seeding Tropical dense and not less than about 6 inches ses grass is seeded in mixtures with Kudzu for soil or watershed protec­ tall. The forest litter accumulated shall Tropical Kudzu, the rate of seeding will tion. not be removed. be as follows: (1) Molasses grass, 5 (a) Commercial fertilizers of formulas (e) Coffee trees of improved varieties pounds per acre, Tropical Kudzu, 4 other than 12-6-10 or 12-6-8 may be ac­ or of approved selections shall be planted. pounds per acre; (2) Guinea grass, 8 cepted if approved by the ASC State Trees shall be spaced as nearly as pos­ pounds per acre, Tropical Kudzu, 4 Office. sible in rows 10 feet apart along the pounds per acre. (b) To qualify for cost-sharing, the approximate contour. Within rows, the (d) When grass pasture is established seeding must be carried out on not less distance between trees may vary so as by using slips or cuttings, the distance than y2 acre and the Tropical Kudzu to allow between 700 and 1,200 trees per between the rows must not be more than must occupy at least 40 percent of the acre. The height of the coffee trees shall 3 feet. On land of 2 percent or more area in pasture to be improved. be not less than 18 inches at the time of slope, the plantings and all cultivating (c) Cost-sharing for carrying out this inspection. The coffee trees Imust have must be as near as practicable along the practice is limited to farms located full crowns with not more than one- contour lines. within the eight areas mentioned in fourth of the foliage area showing visi­ (e) Cost-sharing for carrying out this practice 16 (§ 1102.1056). ble signs of insect damage or disease. Where necessary to maintain the coffee practice is limited to farms located (d) No Federal cost-sharing will be allowed for any component of this prac­ trees in a healthy condition, spraying or within the eight areas mentioned in tice for which the Commonwealth of dusting must be carried out in accord­ practice 16 (§ 1102.1056). Puerto Rico shares in the cost under any ance with the specifications approved (f) No Federal cost-sharing will be other program. by the ASC State Office. In the event allowed for any component of this prac­ Maximum Federal cost-share, (a ) $10.00 severe minor element deficiencies are de­ tice for which the Commonwealth of per acre for seeding at a rate of not less than tected, the farmer shall take appropriate Puerto Rico shares in the cost under any ‘4 pounds of Tropical Kudzu. This rate of corrective measures by applying the min­ other program. cost-sharing applies to the total area occu­ erals recommended by the Agricultural pied by the Tropical Kudzu and the estab­ Experiment Station or the Department Maximum Federal cost-share, (a ) $15.00 lished pasture. of Agriculture and Commerce of Puerto per acre for planting Para, Guinea, Grama­ (b ) $35.00 per ton of 12-6-10 or 12-6-8 lote, Pangóla, Giant St. Augustine, Buffel, Rico. fertilizer applied to the area seeded to Tropi­ (f) Fertilizer formulas other than or Marker grass, or any combination of cal Kudzu, but not exceeding 500 pounds per these grasses. acre. those specified in this practice may be (b) $18.00 per acre for planting Tropical accepted only upon request and with the Kudzu in combination with Molasses, § 1102.1063 Practice 23: Development approval of the ASC State Office. Guinea, Gramalote, or Para grass, or a com­ o f permanent woodland cover for ero­ (g) No Federal, cost-sharing will be al­ bination of these grasses. sion control on steep slopes and for lowed for any component of this prac­ (c) $35,00 per ton of 12-6-10 or 12-6-8 watershed protection through the tice for which the Commonwealth 'of fertilizer applied to permit the initial es­ initial establishment o f coffee groves. Puerto Rico shares in the cost under any tablishment of grasses and legumes under (a) In order to qualify for cost-shar­ other program. rates (a) and (b ), but not exceeding 1,000 ing, all components which are needed Maximum Federal cost-share, (a) Initial pounds per acre. > must be carried out on the 1960 area establishment of permanent shade trees or 9578 RULES AND REGULATIONS

Initial improvement of an existing stand § 1102.1066 Practice 26: Installing tions for the Federal Home Loan Bank of shade trees: sprinkler irrigation in perpianent System (12 CFR Parts 521, 522) and for (1) $0.04 per tree planted in 1960, but in pasture to develop forage so as to en­ the purpose of effecting such amendment no event for more than 100 trees per acre. courage rotation grazing and better hereby amends the aforesaid parts as fol­ ( 2 ) 60 percent of the actual cost of thin­ pasture management for protection ning, pruning, or removing old shade trees, lows, effective December 1, 1959: o f all grazing land in the farm against but in no event more than $12.00 per acre. (1) Amend § 521.10 (12 CFR 521.10) of (Receipts or records showing actual cost must overgrazing and erosion. said Part 521 (12 CFR Part 521) by strik­ be furnished as evidence of accomplishment.) (a) Installation of sprinklers must be ing therefrom the language “Guam, or (b) $35.00 per ton of fertilizer applied ofsolely for irrigation in connection with the Territory of Alaska or Hawaii.” and the formulas 9-10-5 or 10-10-8, but for not the initial establishment or improvement inserting in lieu of the language so more than 500 pounds per acre. of old or new permanent pastures on stricken the following: “ or Guam.” as § 1102.1064 Practice 24: Development steep slopes and in accordance with a amended, § 521.10 reads as follows: of permanent woodland cover for ero­ written plan approved by an SCS field § 521.10 State. sion control on steep slopes and for engineer prior to the installation. watershed protection through the ap­ (b) No Federal cost-sharing will be al­ Except as defined in § 522.45 of this plication of fertilizer to coffee groves lowed under this practice if the Com­ subchapter, the term “ State” means any more than 1 year old but not more monwealth Government shares in the one of the States, the District of Colum­ than 4 years old. cost under any other program. bia, Puerto Rico, the Virgin Islands of the United States, or Guam. (a) Fertilizer formulas other than Maximum Federal cost-share. 35 percent those specified in this practice may be of the cost of plain or perforated pipe, (2) Amend § 522.20 (12 CFR 522.20) of accepted only upon request and with the sprinklers, and fittings, but not over $100 Part 522 (12 CFR Part 522) to read as approval of the ASC State Office. per acre. (Receipts or invoices showing the follows: (b) Cost-shares will be allowed only purchase of these materials will be required as evidence of accomplishment under this § 522.20 Appointment. for acreage rejuvenated or initially es­ practice.) tablished in prior years and which is Four directors of each bank will be still less than 4 years old. § 1102.1067 Practice 27: Shaping or appointed by the Board: Provided, That, (c) The coffee trees shall be healthy land grading to permit effective in the case of the Federal Home Loan trees free of diseases and harmful in­ drainage. Bank of San Francisco, six directors will sects. The live ground cover (grass and (a) No Federal cost-sharing will be be appointed by the Board for said Bank. herbs) should not be cut to a height of allowed for any shaping or grading (3) Amend § 522.21 (12 CFR 522.21) less than about 6 inches and the forest which is performed through farming op­ by striking the word “ eleven” from said litter must not be removed. The shade erations in connection with land prep­ section and inserting in lieu of the word trees should be kept so pruned or thinned aration for planting or cultivation of so stricken, the word “ thirteen”. As that their shade does not exceed 40 per­ crops. No Federal cost-sharing will be amended, § 522.21 reads as follows: cent. When new coffee trees are planted allowed for shaping or land grading on they must be planted, as far as prac­ land which was not devoted to the pro­ § 522.21 Election. ticable, along the contour. duction of cultivated crops or crops nor­ Not less than eight nor more than (d) No Federal cost-sharing will be mally seeded for hay or pasture in the thirteen directors of each Bank will be allowed under this practice if the Com­ area during at least 2 of the last 5 years. elected in accordance with the provisions monwealth of Puerto Rico shares in the (b) The practice must be recom­ of §§ 522.21 to 522.45. cost under any other program. mended, supervised, anti approved by a Soil Conservation Service representative, (4) Amend § 522.23 (12 CFR 522.23) Maximum Federal cost-share. $35.00 per by amending the proviso in the first sen­ ton of fertilizer applied of formulas 9-10-5 and performed to meet, the requirements or 10- 10-8 for young coffee and 12- 6 -10 or of SCS Conservation Practice Engineer­ tence of said section to read as follows: 12-6-16 for bearing coffee, but for not more ing Specifications on “Land Grading for “Provided, That, in the case of the Fed­ than 1,000 pounds per acre. eral Home Loan Bank of San Francisco, Drainage.” j* there shall be four elective directors who § 1102.1065 Practice 25: Improving the Maximum Federal cost-share. $0.20 per shall be known as Class A directors, three woodland protection which coffee cubic yard, not to exceed $25.00 per acre. as Class B and three as Class C, and shall groves provide for steep slopes by applying to coffee trees fertilizer of Done at Washington, D.C., this 25th hold office for terms of two years.” As formulas 12—6—10 or 12—6—16. day of November 1959. amended, § 522.23 reads as follows: (a) Fertilizer formulas other than E. L. P e t e r so n , § 522.23 Class directors. Assistant Secretary. those specified in this practice may be ac­ Two of the elective directors shall be cepted only upon request and with the [F.R. Doc. 59-10086; Filed, Nov. 30, 1959; known as Class A directors, two as Class approval of the ASC State Office. 8:48 a.m.] B and two as Class C, and shall hold of­ (b) The maximum number of pounds fice for terms of two years: Provided, of coffee fertilizer for which cost-sharing That, in the case of the Federal Home will be allowed shall be the product of Title 12— BANKS AND BANKING Loan Bank of San Francisco, there shall (1) 600 and (2) 25 percent of the actual be four’ elective directors who shall be number of coffee-bearing acres on the Chapter V— Federal Home Loan Bank known as Class A directors, three as Class farm. Board B and three as Class C, and shall hold office for terms of two years. Each of (c) To qualify for cost-sharing, the SUBCHAPTER B— FEDERAL HOME LOAN BANK these directors shall be a citizen of the shade trees on the area where the fer­ SYSTEM United States, a bona fide resident of the tilizer is applied must have been properly [No. 12,941] district in which the Bank is located; pruned, the forest litter and live ground PART 521— DEFINITIONS shall be an officer or director of a member cover properly maintained, and old or of the Bank in the group electing him nonproductive coffee trees removed; all PART 522— ORGANIZATION OF and shall be deemed to be from the State in accordance with the Specifications ap­ THE BANKS in which such member is located. proved by the ASC State Office. Miscellaneous Amendments (5) Amend § 522.24 (12 CFR 522.24) (d) No Federal cost-sharing will be by striking the period at the end of the allowed under this practice if the Com­ N o vem ber 24, 1959. first sentence and adding the following monwealth of Puerto Rico shares in the Resolved that the Federal Home Loan proviso: “ : Provided, That, in the case cost under any other program. Bank Board, upon the basis of considera­ of the Federal Home Loan Bank of San Maximum Federal cost-share. $35.00 per tion by it of the advisability of amend­ Francisco, there shall be three élective ton of fertilizer applied. ment of Parts 521 and 522 of the regula­ directors who shall be known as direc- Tuesday, December 1, 1959 FEDERAL REGISTER 9579 tors-at-large, elected by the member­ appearing on such forms, the Board will nupieral “ 15” and inserting in lieu ship-at-large, without regard to classes, establish lines of class demarcation for, thereof the numeral “ 20”. As amended who shall hold office for terms of two and divide the members of each Bank §522.29 reads as follows: years.” As amended, § 522.24 reads as into, classes A, B, and C. In the event § 522.29 Nominations for more than one follows: the above described form shall not have directorship. been received from a member before the § 522.24 Directors-at-large. time limit specified in this section, the In the event any person is nominated Two of the elective directors shall be size of such member will be determined fo r more than one directorship, he will known as directors-at-large, shall be from the unpaid principal of its home be so informed by the Board in the letter elected by the membership-at-large, mortgage loans appearing on the most referred to in § 522.28 and given the without regard to classes, and shall hold recent report in the possession of the opportunity to express his order of office for terms of two years: Provided, Board on the immediately preceding preference for the directorships for That, in the case of the Federal Home December 31. Any institution admitted which he has been nominated. In each Loan Bank of San Francisco, there shall to membership subsequent to the said such case the nominee will be informed be three elective directors who shall be December 31 will be classified on the by said letter that it is necessary that the known as directors-at-large, elected by basis of the unpaid principal of its Board receive from him, not later than the membership-at-large, without regard home mortgage loans appearing on the September 20, an expression of prefer­ to classes, who shall hold office for terms most recent report in the possession of ence in order to have his name placed on of two years. Each of these directors the Board immediately preceding the an election ballot. In each such case shall be a citizen of the United States, a date of admittance. The Board will then where the Board has received from a bona fide resident of the Bank district notify each member not later than nominee an expression of preference and if affiliated, as an officer or director, August 1 of each year of its classification within the time-referred to and the other with a member of the Bank, shall be and of its right to nominate and will information as required in this part, the deemed to be from the State in which furnish each member with a list of the Board will, in accordance with the such member is located. Each of these members in its class and a list of those preference expressed, designate the directors who is not affiliated, as an offi­ holding directorships at that time in the directorship for which the nominee shall cer or director, with a member of the Bank of which it is a member, reflecting be a candidate; however, if it appears Bank, shall be deemed to be from the each class directorship and each direc­ to the Board that such action would im­ State in which he has established a bona torship-at-large and containing the pair, or result in such nominee having fide residence. name of each director, the date of ex­ no chance of being elected on account piration of the term of each director, of, the representation per State as set (6) Amend § 522.25 (12 CFR 522.25) the name and address of the member forth in § 522.32, the Board will desig­ by striking from the second sentence in institution of which each class director nate such person as a candidate only for said section the language “ 10 days” is an officer or director and his title, the the directorship which appears to the whenever it appears in said sentence and name and address of the institution with Board to be the most suitable, if it also inserting in lieu of the language so which each director-at-large is affiliated appears to the Board such person has a stricken the following language: “ 10 and his title, or, if not affiliated with an chance of being elected to such director­ calendar days” . As amended § 522.25 institution, his present or former occu­ ship. I f it appears to the Board that a reads as follows: pation and the city and State of which candidate has no chance of being elected § 522.25 Conduct o f election. he is a bona fide resident. At the same to a directorship or to any of the directorships for which he has been The election of directors shall be held time each member will be furnished with a copy of the regulations in this part nominated, on account of the representa­ annually and shall be conducted by mail tion per State as set forth in § 522.32, under the supervision of the Board. No governing the nomination and election of Bank directors and the necessary the name of such candidate will not be nominations shall be accepted from placed on an election ballot if he has members which were admitted to mem­ nominating certificate and will be noti­ fied of each directorship to be filled from made a request that his name not be so bership within the 10 calendar days prior placed in such event. to the date nomination certificates are the membership-at-large and of each to be forwarded to members as set forth directorship to be filled in its class. (10) (a) Amend § 522.32 (12 CFR 522.32) by inserting immediately follow­ in § 522.26 and no votes for the election (8) Amend § 522.27 (12 CFR 522.27) ing the numeral “522.23,” the following of candidates shall be accepted from by striking the language at the beginning “ 522.24,” . members which were admitted to mem­ of the first sentence of said section bership within the 10 calendar days prior “Upon receipt of the nominating certifi­ "(b) Amend § 522.32 (12 CFR 522.32) by striking all the language of said sec­ to the date election ballots are to be for­ cate” and capitalizing the word “each” tion appearing after the line beginning warded to members as set forth in immediately'following the language so with the word “Topeka” and inserting in §§ 52*2.30 and 522.36, respectively. stricken. As amended, § 522.27 reads as follows: lieu of the language so stricken the fol­ (7) Amend § 522.26 (12 CFR 522.26) lowing language: by striking from the fifth sentence the § 522.27 Nominating certificates. “San Francisco: language “ as of the date of admittance.” Each member, by resolution of its C a lifo rn ia ______3 and inserting in lieu of the language so governing body, may nominate, or au­ Each other State______1 stricken the following language: “ ap­ thorize one of its directors and one of Provided further, That in the case of the pearing on the most recent report in the its officers to nominate, a suitably quali­ Federal Home Loan Bank of San Fran­ possession of the Board immediately pre­ fied person for each directorship to be cisco, there shall riot be more than three ceding the date of admittance.” As filled in its class and each directorship elective directors from any of the States.” amended, § 522.26 reads as follows: to be filled from the membership-at- As amended § 522.32 reads as follows: § 522.26 Notification o f nomination and large. The certificate shall then be duly classification. executed and mailed to the Secretary to § 522.32 State representation. Not later than January 15 of each year the Board, so as to be delivered to his In determining the results of balloting the Boqrd will mail to members, as of office in Washington, D.Q,, not later than by the members, the Board will, subject the immediately preceding December 31, August 31. to the provisions of §§ 522.23, 522.24, forms upon which each member shall (9) In § 522.29 (12 CFR 522.29) amend 522.33 and 522.34, see that each State is report the aggregate unpaid principal the first sentence to read as follows: “In represented on the new board of direc­ of its home mortgage loans at the close •the event any person is nominated for tors by at least the number of elective of said December 31. The forms shall be more than one directorship, he will be so directors set forth below: Provided, duly executed and mailed so as to be informed by the Board in the letter re­ There has been an eligible candidate received by the Secretary to the Board ferred to in § 522.28 and given the oppor­ from such State who has been voted for: not later than February 15. On the basis tunity to express his order of preference Directors of the size of the members, as determined for the directorships for which he has Fédéral Home Loan Bank of— per State from the aggregate unpaid principal of been nominated.” Amend the second B o s to n ______- ______- 1 each member’s home mortgage loans sentence of said section by striking the New York______- ______- 3 9580 RULES AND REGULATIONS

Directors same cause, deferment of the effective Federal Home Loan Bank of— per State striction, deferment of the effective date P ittsburgh______i date of such amendments is not required thereof is not required under section G reensboro______1 under section 4(c) of said Act,- and that 4(c) of said Act. Cincinnati______2 the remaining amendments being of a Indianapolis______3 minor, noncontroversial nature, the By the Federal Home Loan Bank Chicago ______3 Board hereby finds that notice and pub­ Board. Des Moines______i lic procedure with respect to such [ s e a l ] H a r r y W . C attlsen, Little Bock______i amendments are unnecessary under the T o p ek a______i Secretary. San Francisco: provisions of § 508.12 of the General Reg­ ulations of the Federal Home Loan [F .B . Doc. 59-10081; Filed, Nov. 30, 1959; C a lifo rn ia______3 8:47 a.m.] Each other State______1 Bank Board (12 CFR 508.12) or section 4(a) of the Administrative Procedure Provided further, That in the case of Act, and, for the same cause, deferment the Federal Home Loan Bank of San of the effective date of said amendment Francisco, there shall not be more than Title 14— AERONAUTICS AND is not required under section 4(c) of said three elective directors from any of the Act. States. SPACE (11) Amend § 522.40 (12 CFR 522.40) By the Federal Home Loan Bank Chapter II— Civil Aeronautics Board by inserting in the first sentence of said Board. section immediately preceding the lan­ [ s e a l ] H a r r y W . C atjlsen, SUBCHAPTER B— ECONOMIC REGULATIONS guage “Puerto Rico” the following: Secretary. [Beg. No. EB-287] “ Guam,”. As amended § 522.40 reads as follows: [F.B. Doc. 59-10080; Filed, Nov. 30, 1959; 8:47 a.m.] PART 297— INTERNATIONAL AIR § 522.40 Mailing of nominating certifi­ FREIGHT FORWARDERS cates and balloting material. All nominating and balloting material Classification and Exemption; Exten­ sent to members shall be forwarded by [No. 12942] sion of Operating Authority regular mail, except that such material SUBCHAPTER C— FEDERAL SAVINGS AND Adopted by the Civil Aeronautics sent to members in Guam, Puerto Rico, LOAN SYSTEM Board at its office in Washington, D.C., the Virgin Islands, Alaska and Hawaii on the 27th day of November 1959. shall be forwarded by airmail. Each PART 545— OPERATIONS Part 297 of the Economic Regulations Bank will be furnished with copies of Grace Periods With Respect To establishes the classification of, and all nominating certificates, ballots and Withdrawals grants a temporary exemption to, Inter­ other election material which has been national Air Freight Forwarders. Sec­ forwarded to its members. N o v e m b e r 24, 1959. tion 297.8 provides that such temporary (12) Amend § 522.43 (12 CFR 522.43) Resolved that the Federal Home Loan authority shall terminate 60 days after by inserting in the first sentence of said Bank Board, upon the basis of considera­ the final Board disposition of Docket section immediately preceding the word tion by it of the advisability of amend­ 7132, the International Air Freight For­ “ Sunday” the following: “ Saturday,” . ment as hereinafter set forth of Part 545 warder Investigation. The Board hav­ As amended § 522.43 reads as follows: of the Rules and Regulations for the Fed­ ing adopted its Supplemental Opinion eral Savings and Loan System (12 CFR and Order on Reconsideration (Order § 522.43 Polling time. Part 545), and for the purpose of effect­ E-14510) on October 1,1959, which final­ In the event any date specified in ing such amendment, hereby amends ized its Opinion and Order (Order E- §§ 522.22 to 522.37 falls on a Satur­ said part by adding thereto, immediately .13141) of November 6, 1958 terminating day, Sunday or a holiday, the next busi­ after § 545.1-2, the following new section, that investigation, Part 297 will expire ness day shall be included in the time effective December 1, 1959: on November 30, 1959, unless further allowed. All polls shall be closed on Board action is taken. the dates specified at 5:00 p.m., e.s.t. § 545.1—3 Grace periods with respect to withdrawals. On November 6,1958, the Board issued No nominating certificate, question­ a Notice of Proposed Rule Making (Draft naire or ballot shall be considered un­ Where (a) a Federal association has a Release 100) concerning the formulation less delivered at the office of the Sec­ charter in the form of Charter N or of an appropriately revised Part 297 but retary to the Board, Washington, D.C., Charter K (rev.) without any variation has not yet taken final action thereon. at or before the time specified. or amendment inconsistent with the pro­ Accordingly, the Board has decided to (Sec. 17, 47 Stat. 736, as amended; 12 TJ.S.C. visions of this section, and (b) there is maintain the status quo by extending 1437, Beorg. Plan No. 3 of 1947, 12 F.B. 4981, outstanding, immediately prior to the the life of current Part 297 until the ef­ 3 CFB, 1947 Supp.) beginning of the first of the last three fective date of a revision thereof adopted business days of a dividend period of Resolved further that to afford notice in the presently pending rule making such association, a resolution or other proceeding or until further appropriate and public procedures, and to defer the action of the association’s board of direc­ effective date of the amendments to action is taken by the Board. tors adopting the basis of distribution Since this amendment imposes no ad­ §§ 522.20, 522.21, 522.23, 522.24, and provided for in this section, any with­ 522.32 (12 CFR 522.20, 522.21, 522.23, ditional requirement on any person and drawal, total or partial, made during extends this temporary operating au­ 522.24, 522.32)" would make it impossible such last three business days shall, for by the commencement of calendar year thority only for the interim period prior the purpose of the calculation of divi­ to the Board’s final disposition of the 1960 to give effect to the provisions of dends, be considered as having been made Public Law 86-349, 86th Congress, ap­ pending rule making proceeding, prior immediately after the close of such notice and public procedure thereon are proved September 22, 1959, authorizing period. an increase in the number of directors, unnecessary and it may be made effective immediately. and since it is desirable to amend said (Sec. 5, 48 Stat. 132, as amended; 12 TT.S.C. 1464. Beorg. Plan No. 3 of 1947, 12 FJEt. 4981, In consideration of the foregoing, the regulations to permit an increase in the 3 CFB, 1947 Supp.) number of directors by the commence­ Board hereby amends § 297.8 of the Eco­ ment of calendar year 1960, so as to give Resolved further that, as said amend­ nomic Regulations (14 CFR Part 297), effect to said legislation, the Board here­ ment only relieves restriction, the Board effective November 27, 1959, to read as follows: by finds that notice and public procedure hereby finds that notice and public pro­ with respect to said amendments would cedure thereon are unnecessary under § 297.8 Duration. be impracticable under the provisions of the provisions of § 508.12 of the General The temporary authority provided by § 508.12 of the General Regulations of Regulations of the Federal Home Loan this part shall continue in effect until the Federal Home Loan Bank Board (12 Bank Board (12 CFR 508.12) or section the effective date of a revision of Part CFR 508.12) or section 4(a) of the Ad­ 4(a) of the Administrative Procedure 297 adopted in the pending rule making ministrative Procedure Act, and for the Act and, as said amendment relieves re­ proceeding instituted by Draft Release Tuesday, December 1, 1959 FEDERAL REGISTER 9581

100 of November 6, 1958, or until the priate changes to be made on aero­ 10. Exemptions recognized in the Jewelry further action of the Board. nautical charts, these amendments will trade and not to be considered in any assay become effective more than 30 days after for quality include springs, posts, and sep­ (Sec. 204(a), 101(3), 416, 72 Stat. 743, 731, arable backs of lapel buttons, posts, and nuts 771; 49 U.S.C. 1324,1301, 1386) publication. for attaching interchangeable ornaments, In consideration of the foregoing, and and wire pegs or rivets used for applying By the Civil Aeronautics Board. pursuant to the authority delegated to mountings and other ornaments, which [ s e a l ] M abel M cC art, me by the Administrator (24 F.R. 4530) mountings or ornaments shall be of the Acting Secretary. § 600.6193 (24 F.R. 3227) and § 601.7001 quality marked. [F.R. Doc. 59-10127; Filed, Nov. 30, 1959* (14 CFR, 1958 SUPP., 601.7001), are ( f ) The exemption provisions of Com­ 9:13 a.m.] amended as follows: mercial Standard CS 47-34, mentioned 1. In the text of § 600.6193 VOR Fed­ in paragraph (d) of this section, are as eral airway No. 193 (Keeler, Mich., to follows: Sault Ste. Marie, M ich.), delete “IN T Chapter III— Federal Aviation Agency of the Traverse City VOR 018° and the 12(a). Exemptions recognized in the Jew­ Sault Ste. Marie VOR 214° radials;” and elry trade and not to be considered in any SUBCHAPTER E— AIR NAVIGATION assay for quality include joints, catches, REGULATIONS substitute therefor “Pellston VOR; IN T screws, pin stems, pins of scarf pins, hat pins, [Airspace Docket No. 59-WA-296] of the Pellston VOR 003° and the Sault etc., field pieces and bezels for lockets, posts Ste. Marie VOR 214° radials;” . and separable backs of lapel buttons, springs, [Amdt. 88] Jc 2. In the text of § 601.7001 Domestic and metallic parts completely and perma­ PART 600-—DESIGNATION OF VOR reporting points add: Pellston, nently encased in a nonmetallic covering. Mich., VOR. Field pieces of lockets are those inner por­ FEDERAL AIRWAYS tions used as frames between the inside edges [Amdt. 98] These amendments shall become ef­ of the locket and the spaces for holding fective 0001 e.s.t. January 14, 1960. pictures. Bezels are the separable inner PART 601— DESIGNATION OF THE metal rings used to hold the pictures in place. (Secs. 307(a) and 313(a), 72 Stat. 749, 752; CONTINENTAL CONTROL AREA, 49 U.S.C. 1348, 1354) 2. Footnote 4 to § 23.23(a) is amended CONTROL AREAS, CONTROL Issued in Washington, D.C., on No­ to read as follows: ^ ZONES, REPORTING POINTS, AND vember 23,1959. § 23.23 Misrepresentation as to silver POSITIVE CONTROL ROUTE SEG­ G. S. C a s sa d y , content. MENTS Acting Director, Bureau of (a) * * * Modification of Federal Airway and Air Traffic Management. 4 The requirements of this section relating [F.R. Doc. 59-10058; Filed, Nov. 30, 1959; Designation of Reporting Points to markings and descriptions of industry 8:45 a.m.] The purpose of these amendments to products and parts thereof are subject to the §§ 600.6193 and 601.7001 of the ,Regula­ tolerances applicable thereto under the Na­ tions of the Administrator is to modify tional Stamping Act (15 U.S. Code, section 294, et seq.) and to the exemptions applicable the segment of VOR Federal airway No. Title 16— COMMERCIAL thereto under section 8 of Commercial Stand­ 193, which extends from Traverse City, ard CS 118—44 (Marking of Jewelry and Nov­ Mich., to Sault Ste. Marie, Mich., and PRACTICES elties of Silver), and section 8 (a) of Com­ designate Fellston, Mich., VOR as a re­ mercial Standard CS 51-35 (Marking Articles porting point. Chapter I— Federal Trade Commission Made of Silver in Combination with Gold). The exemption provisions of Commercial Victor 193 presently extends from SUBCHAPTER B— TRADE PRACTICE CONFERENCE Standard CS 118-44, above mentioned, are as Keeler, Mich., to Sault Ste. Marie. The RULES Federal Aviation Agency is realigning the follows: [File No. 21-515] 8. Exemptions: The only exemptions rec­ segment between Traverse City and Sault ognized and not to be included in any assay Ste. Marie via an intermediate VOR to be PART 23— JEWELRY INDUSTRY for quality include screws, rivets, springs, commissioned on or about December 17, spring pins for wrist watch straps; posts and 1959 near Pellston, Mich., at latitude 45° Miscellaneous Amendments separable backs of lapel buttons; wire pegs, 37'47" N., longitude 84° 39'42" W., to The following miscëllaneous amend­ posts and nuts used for applying mountings provide more precise navigational guid­ or other ornaments, which mountings or ments to Part 23, Jewelry Industry are ornaments shall be of the quality marked; ance. This modification will also align set forth below: this segment of the airway so as to by­ pin stems of badges, brooches, emblem pins, 1. Section 23.22(d) is amended andhat pins, and scarf pins; levers for belt pass the Kinross AFB Restricted Area/ paragraphs (e) and (f) are added to buckles; and blades ^and skeletons of pocket Military Climb Corridor (R-562). Vic­ read as follows: knives. tor 193 is hereby designated from the* The exemption provisions of Commercial Traverse City VOR to the Sault Ste. Ma­ § 23.22 Misrepresentation as to gold con­ Standard CS 51-35, above mentioned, are as rie VOR via the Pellston VOR and ✓ the tent. follows: intersection of the Pellston VOR 003° # * ♦ * ♦ 8 (a). Unless otherwise required by the and the Sault Ste. Marie VOR 214° (d) The requirements of this section National Stamping Act, exemptions recog­ nized in the jewelry trade and not to be con­ radials. The control areas associated relating to markings and descriptions of sidered in any assay for quality include with Victor 193 are so designated that industry products and parts thereof are joints, catches, screws, pin stems, pins of they will automatically conform to subject to the tolerances applicable scarf pins, hat pins, etc., posts and separable the modified airway. Accordingly, no thereto under the National Stamping Act backs of lapel buttons, springs, and metallic amendment relating to such control (15 U.S. Code, sections 294, et seq.) and parts completely and permanently encased areas is necessary. Coincident with this to the exemptions applicable thereto un­ in a nonmetallic covering. action, § 601.7001 pertaining to domestic der section 10 of Commercial Standard (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret VOR reporting points, is amended by CS 67-38, relating to marking articles or apply sec. 5, 38 Stat. 719, as amended; 15 adding the Pellston VOR. made of karat gold, and under section U.S.C. 45) This action has been coordinated with 12(a) of Commercial Standard CS 47-34 Issued: November 25,1959. the Army, the Navy, the Air Force, and (including supplement thereof effective interested civil aviation organizations. February 25, 1939), relating to marking Effective date: December 1,1959. Accordingly, compliance with the Notice, of gold filled and rolled gold plate arti­ By direction of the Commission. and public procedures provisions of sec­ cles other than watch cases. tion 4 of the Administrative Procedure (e) The exemption provisions of Com­ [ s e a l ] R obert M . P a r r ish , Act have, in effect, been complied with. mercial Standard CS 67-38, mentioned Secretary. However, since it is necessary that suf­ in paragraph (d) of this section, are as [F.R. Doc. 59-10034; Filed, Nov. 30, 1959; ficient time be allowed to permit appro-jj follows: 8:45 a.m.] '9582 RULES AND REGULATIONS

rate, is sent by the party proposing the 911(a) (2). A taxpayer desiring an ex­ Title 26— INTERNAL REVENUE, change to the other party and is sent tension of time (in addition to the auto­ by registered mail, if such notice is matic extension of time granted by 1954 mailed before September 3, 1958, or is § 1.6081-2) for filing the return until sent by certified mail or registered mail, after the completion of the qualifying Chapter I— Internal Revenue Service, if such notice is mailed after September period under section 911(a)(2) shall Department of the Treasury 2, 1958.” make application therefor on Form 2350, Application for Extension of Time for SUBCHAPTER Ay—INCOME TAX § 1.911 [Amendment] Filing U.S. Income Tax Return. Such [TJ5. 6426] P ar. 3. Section 1.911 is amended— application shall be filed with the in­ PART 1— INCOME TAX; TAXABLE (A ) By adding to section 911 the fol­ ternal revenue officer (Director, Inter­ lowing new subsection: national Operations Division, Internal YEARS BEGINNING AFTER DE­ (c) Cross reference. For administrativeRevenue Service, Washington 25, D.C., CEMBER 31, 1953 and penal provisions relating to the exclu­ or the district director) with whom the Miscellaneous Amendments sion provided for in this section, see sec­ return is required to be filed. The appli­ tions 6001, 6011, 6012(c), and the other pro­ cation shall set forth the facts relied On January 14, 1959, notice of pro­ visions of subtitle F. upon to justify the extension of time posed rule making with respect to (B) By adding at the end thereof the requested and include a statement as to amendment of the Income Tax Regula­ following historical note: the earliest date the taxpayer expects to tions (26 CFR Part 1) under sections [Sec. 911 as amended by sec. 72(b), Tech­ be in a position to determine whether he 167(d), 911, and 6015(f) of the Internal nical Amendments Act 1958 (72 Stat. 1660) ] will be entitled to the exclusion provided Revenue Code of 1954 to reflect the by section 911(a)(2). An extension of changes made by sections 72(b), 74, and § 1.911—1 [Amendment] time may be granted for more than 6 89(b) of the Technical Amendments Act P ar. 4. Section 1.911-1 is amended— months in the case of taxpayers who are of 1958 (72 Stat. 1660, 1665), and with (A ) By striking out paragraph (a) (7) abroad. See section 6081 and § 1.6081-1. respect to the issuance of Income Tax and inserting in lieu thereof the fol­ See section 6012(c) and paragraph Regulations under section 6851 of the lowing: (a) (3) of § 1.6012-1 relating to the re­ Internal Revenue Code of 1954, as turns to be filed and the information to amended by section 87 of the Technical (7) Returns. Any return filed before be furnished by individuals who qualify Amendments Act of 1958 (72 Stat. 1665), the completion of the period necessary for exemption under section 911. was published in the F ederal R egister to qualify a citizen for the exemption (24 F.R. 316). After consideration of all under section 911(a) (1) shall be filed § 1.6015 [Amendment] such relevant matter as was presented without regard to the exemption pro­ P ar. 5. Section 1.6015(f) is amended— by interested persons regarding the rules vided by that section, but claim for (A) By adding after paragraph (2) of proposed, the regulations as so published credit or refund of any overpayment of section 6015(f) the following: tax may be filed if the taxpayer subse­ are hereby adopted, subject to the In the application of this subsection in the changes set forth below. The regula­ quently qualifies for the exemption under case of a taxable year beginning on any date tions hereby adopted are applicable for section 911(a)(1). A taxpayer desiring other than January 1, there shall be substi­ taxable years beginning after December an extension of time (in addition to the tuted, for the 15th or last day of the months 31, 1953, and ending after August 16, automatic extension of time granted by specified in this subsection, the 15th or last 1954, except as otherwise specifically § 1.6081-2) for filing the return until day of the months which correspond thereto. provided. after the completion of the qualifying (B) By adding at the end thereof the Section 1.685,1-2, as set forth in para­ period under section 911(a)(1) shall following historical note: graph 6 of the notice of proposed rule make application therefor on Form 2350, Application for Extension of Time for [Sec. 6015(f) as amended by sec. 74, Techni­ making, is revised. cal Amendments Act 1958 (72 Stat. 1660) ] This Treasury decision is issued under Filing U.S. Income Tax Return. Such the authority contained in section 7805 application shall be filed with the inter­ P ar. 6 . The regulations adopted under of the Internal Revenue Code of 1954 nal revenue officer (Director, Interna­ section 6851 of the Internal Revenue (68A Stat. 917; 26 U.S.C. 7805). tional Operations Division, Internal Rev­ Code of 1954 read as follows: enue Service, Washington 25, D.C., or [ s e a l ] C h a r le s I. Fox, the district director) with whom the re­ T e r m in a t io n o f T axable Y ear i n C ase of Acting Commissioner turn is required to be filed. The appli­ Je o pa r d y of Internal Revenue. cation shall set forth the facts relied § 1.6851 Statutory provisions; termina­ Approved: November 25, 1959. upon to justify the extension of time tion o f taxable year. requested and include a statement as to Sec. 6851. Termination of taxable year— F red C. S c r ib n e r , Jr., the earliest date the taxpayer expects (a ) Income tax in jeopardy— (1) In general. Acting Secretary of the Treasury. to be in a position to determine whether If the Secretary or his delegate finds that § 1.167 [Amendment] he will be entitled to the exclusion pro­ a taxpayer designs quickly to depart from vided by section 911(a) (1 ). An exten­ the United States or to remove his property P aragraph 1. Section 1.167(d) is therefrom, or to conceal himself or his prop­ amended— sion of time may be granted for more erty therein, or to do any other act tending (A ) By striking out “ registered mail” than 6 months in the case of taxpayers to prejudice or to render wholly or partly in the last sentence of section 167(d) and who are abroad. See section 6081 and ineffectual proceedings to coUect the Income inserting in lieu thereof “certified mail § 1.6081-1. See section 6012(c) and tax for the current or the preceding taxable paragraph (a) (3) of § 1.6012-1 relating year unless such proceedings be brought or registered mail” ; and without delay, the Secretary or his delegate (B) By adding at the end thereof the to the returns to be filed and the infor­ mation to be furnished by individuals shall declare the taxable period for such following historical note: taxpayer immediately terminated, and shall who qualify for exemption under section cause notice of such finding and declaration [Sec. 167(d) as amended by sec. 89(b), Tech­ 911. nical Amendments Act 1958 (72 Stat. 1665)] to be given the taxpayer, together with a (B) By striking out paragraph (b) (3) demand foy immediate payment of the tax P ar . 2. Section 1.167(d)-l is amended and inserting in lieu thereof the follow­ for the taxable period so declared terminated and of the tax for the preceding taxable by striking out the fourth sentence from ing: the end of the section and inserting year or so much of such tax as is unpaid, (3) Returns. Any return filed beforewhether or not the time otherwise allowed in lieu thereof the following: “Any by law for filing return and paying the tax change in the useful life or rate specified the completion of the period necessary to qualify a citizen for the exemption has expired; and such taxes shall there­ in such agreement shall be effective only upon become immediately due and payable. under section 911(a)(2) shall be filed In any proceeding in court brought to en­ prospectively, that is, it shall be effective without regard to the exemption pro­ beginning with the taxable year in which force payment of taxes made due and pay­ vided by that section, but claim for credit able by virtue of the provisions of this sec­ notice of the intention to change, in­ or refund of any overpayment of tax tion, the finding of the Secretary or his cluding facts and circumstances war­ may be filed if the taxpayer subsequently delegate, made as herein provided, whether ranting the adjustment of useful life and qualifies for the exemption under section made after notice to the taxpayer or not, Tuesday, December 1, 1959 FEDERAL REGISTER 9583 shall be for all purposes presumptive evi­ § 1.6851—1 Termination of taxable pe­ a return in accordance with section 6012 dence of jeopardy. riod by district director. and the regulations thereunder for his (2) Corporation in liquidation. If the current taxable year showing all items Secretary or his delegate finds that the (a) Income tax in jeopardy— (1) In general. I f a taxpayer designs by of gross income, deductions, and credits collection of the income tax of a corpora­ for such taxable year. The term “ cur­ tion for the current or the preceding tax­ immediate departure from the United able year will be jeopardized by the distri­ States, or otherwise, to avoid the pay­ rent taxable year” means the taxpayer’s bution of all or a portion of the assets ment of income tax for the preceding or usual annual accounting period deter­ of such corporation in the liquidation of current taxable year, the district direc­ mined without regard to any action the whole or any part of its capital stock, tor may, upon evidence satisfactory to under section 6851 and this section. the Secretary or his delegate shall declare Any tax paid as a result of a termination the taxable period for such taxpayer im­ him, declare the taxable period for such taxpayer immediately terminated and under section 6851 and this section will mediately terminated and shall cause notice be applied against the tax due for his of such finding and declaration to be given cause to be served upon him notice and the taxpayer, together with a demand for demand for immediate payment of the current taxable year. immediate payment of the tax for the tax­ income tax for the short taxable period (d) Evidence of compliance with in­ able period so declared terminated and of resulting from such termination, and come tax obligations. Citizens of the the tax for the preceding taxable year or so United States or of possessions of the of the income tax for the preceding tax­ much of such tax as is unpaid, whether or United States departing from the United able year, or so much of such tax as is not the time otherwise allowed by law for States or its possessions will not be re­ unpaid. In such a case, the taxpayer is filing return and paying the tax has expired; quired to procure certificates of com­ entitled to a deduction for his personal and such taxes shall thereupon become im­ pliance or to present any other evidence mediately due and payable. exemptions (as limited in the case of of compliance with income tax obliga­ (b ) Reopening of taxable period. Not­ certain nonresident aliens) without any withstanding the termination of the taxable tions. However, for the rules relating proration because of the short taxable to the furnishing of evidence of compli­ period of the taxpayer by the Secretary or period. his delegate, as provided in subsection (a ), ance with the income tax obligations by (2) Corporations in liquidation. I f the the Secretary or his delegate may reopen certain departing aliens, see § 1.6851-2. such taxable period each time the taxpayer district director finds that the collection is found by the Secretary or his delegate of the income tax of a corporation for the § 1.6851—2 Certificates o f compliance to have received income, within the current current or the preceding taxable year with income tax laws by departing taxable year, since a termination of the will be jeopardized by the distribution of aliens. period under subsection (a). A taxable all or a portion of the assets of such cor­ period so terminated by the Secretary or (a) In general— (1) Requirement. Ex­ his delegate may be reopened by the tax­ poration in the liquidation of the whole cept as provided in subparagraph (2) of payer (other than a nonresident alien) if or any part of its capital stock, he shall this paragraph, no alien, whether resi­ he files with the Secretary or his delegate declare the taxable period for such cor­ dent or nonresident, may depart from a true and accurate return of the items of poration immediately terminated and the United States unless he first procures gross income and of the deductions and cause to be served upon the corporation a certificate that he has complied with credits allowed under this title for such notice and demand for immediate pay­ all of the obligations imposed upon him taxable period, together with such other ment of the income tax for the short information as the Secretary or his delegate by the income tax laws. In order to pro­ may by regulations prescribe. If the tax­ taxable period resulting from such ter­ cure such a certificate an alien who in­ payer is a nonresident alien the taxable, mination, and of the income tax for the tends to depart from the United States period so terminated may be reopened by preceding taxable year, or so much of (i) must file withr the district director him if he files* or causes to be filed, with such tax as is unpaid. for the internal revenue district in which the Secretary or his delegate a true and. (3) Presumptive evidence of jeopardy. he is located the statements or returns accurate return of his total income derived In any proceeding in court brought to required by paragraph (b) of this section from all sources within the United States, enforce payment of taxes made due and in the manner prescribed in this title. to be filed before obtaining such certifi­ (c) Citizens. In the case of a citizen payable by virtue of the provisions of cate, (ii) must appear before such dis­ of the United States or of a possession of section 6851 and this paragraph, the trict director if the district director the United States about to depart from the finding of the district director shall be deems it necessary, and (iii) must pay United States, the Secretary or his delegate for all purposes presumptive evidence of any taxes required under paragraph (b) may, at his discretion, waive any or all of jeopardy. of this section to be paid before obtain­ the requirements placed on the taxpayer (4) Bond. For the provisions relating ing the certificate. Either such certifi­ by this section. to the furnishing of a bond in lieu of (d ) Departure of alien. Subject to such cate of compliance, properly executed, exceptions as may, by regulations, be pre­ making immediate payment of the taxes or evidence that the alien is excepted un­ scribed by the Secretary or his delegate— which become due by action pursuant der subparagraph (2) of this paragraph (1) No alien shall depart from the United to this paragraph, see § 1.6851-3. from obtaining the certificate must be States unless he first procures from the (b) Reopening of taxable period. (1) presented at the point of departure. An Secretary or his delegate a certificate that I f a taxpayer whose taxable period has alien who presents himself at the point he has complied with all the. obligations been terminated under section 6851 and of departure without a certificate of imposed upon him by the income tax laws. paragraph (a) of this section receives (2) Payment of taxes shall not be en­ compliance, or evidence establishing that forced by any proceedings under the pro­ other income subsequent to such termi­ such a certificatè is not required, will be visions of this section prior to the expiration nation within his current taxable year, subject at such departure point to ex­ of the time otherwise allowed for paying the district director may reopen the amination by an internal revenue officer such taxes if, in the case of an alien about period so terminated and may, in ac­ or employee and to the completion of to depart from the United States, the Sec­ cordance with section 6851 and para­ returns and statements and payment of retary or his delegate determines that the graph (a) of this section, again termi­ taxes as required by paragraph (b) of collection of the tax will not be jeopardized nate the taxable period of such taxpayer. by the departure of the alien. this section. (e) Furnishing of bond where taxable In such case, tax liability shall be com­ (2) Exceptions— (i) Diplomatic rep­ year is closed by the Secretary or his dele­ puted for the period beginning with the resentatives. (a) Representatives of gate. Payment of taxes shall not be enforced first day of the current taxable year of foreign governments bearing diplomatic by any proceedings under the provisions of the taxpayer and ending at the time of passports, whether accredited to the this section prior to the expiration of the the later termination. United States or other countries, and time otherwise allowed for paying such (2) When a taxpayer whose taxablemembers of their households shall not, taxes if the taxpayer furnishes, under regu­ period has been terminated under sec­ upon departure from the United States lations prescribed by the Secretary or his tion 6851 and paragraph (a) of this or any of its possessions, be examined as delegate, a bond to insure the timely making section files the return required by para­ to their liability for United States in­ of returns with respect to, and payment of, graph (c) of this section, the taxable come tax or be required to obtain a cer­ such taxes or any income or excess profits period so terminated shall be reopened. tificate of compliance. I f a foreign gov­ taxes for prior years. Oc) Taxable year not affected by ter­ ernment does not issue diplomatic [Sec. 6851 as amended by sec. 87, Technical mination. Notwithstanding any action passports but merely indicates on pass­ Amendments Act 1958 (72 Stat. 1665) ] by a district director under section 6851 ports issued to members of its diplomatic No. 233------4 and this section, a taxpayer shall file service the status of the bearer as a mem- 9584 RULES AND REGULATIONS

ber of such service, such passports are admitted on a C-l visa or who is ad­ departure of the alien will result in considered as diplomatic passports for mitted under a contract, including a bond jeopardy. income tax purposes. agreement, between a transportation line (2) Nonresident alien having no tax­ (b) Likewise, the servant of a repre­ and the Attorney General pursuant to able income. A statement on Form 2063 sentative described in (a ) of this sub­ section 238(d) of the Immigration and shall be filed with the district director division who accompanies any individual Nationality Act. by every nonresident alien individual bearing a diplomatic passport upon de­ (iv) Alien commuters. An alien resi­required to obtain a certificate of com­ parture from the United States or any dent of Canada or Mexico who commutes pliance— of its possessions shall not be required, between such country and the United (i) Who is not in default in making upon such departure, to obtain a certifi­ States at frequent intervals for the pur­ return of, or paying, any United States cate of compliance or to submit to exam­ pose of employment and whose wages income tax, and ination as to his liability for United are subject to the withholding of tax (ii) Who has had no taxable income States income tax. If the departure of shall not, upon departure from the for the taxable year up to and including such a servant from the United States United States, be examined as to his the date of his departure, and for the or any of its possessions is not made in United States income tax liability or re­ preceding taxable year where the period the company of an individual bearing a quired to obtain a certificate of com­ for making the income tax return for diplomatic passport, the servant is re­ pliance, unless the internal revenue the preceding taxable year has not quired to obtain a certificate of com­ officer or employee at the point of expired. pliance. However, such certificate will departure is in possession of information be issued to him on Form 2063 without indicating that collection of income tax I f the district director is satisfied that examination as to his income tax lia­ from such alien will be jeopardized by such nonresident alien fulfills the con­ bility upon presentation to the district his departure from the United States. ditions of subdivisions (i) and (ii) of this director for the internal revenue district (b) Issuance of certificate of compli­suhparagraph, he shall execute and issue in which the servant is located of a letter ance— (1) In general, (i) Upon the de­ to the departing alien the certificate of from the chief of the diplomatic mission parture of an alien required to secure a compliance attached to the Form 2063. to which the servant is attached certify­ certificate of compliance under para­ (3) Alien whose taxable period is not ing ( I ) that the name of the servant ap­ graph (a) of. this section, the district terminated.—Any alien required to ob­ pears on the “White List” , a list of em­ director shall determine under section tain a certificate of compliance (but not ployees of diplomatic missions, and (2) 6851 whether the departure of such described in subparagraph (2) of this that the servant is not obligated to the alien jeopardizes the collection of any paragraph) whose taxable period is not United States for any income tax, and income taxes for the current or the pre­ terminated upon departure shall file with the district director— will not be so obligated up to and includ­ ceding taxable year, but the district ing the intended date of departure. director may determine that jeopardy (i) A return in duplicate on Form (c) An alien who has filed with the does not exist in some cases. I f the 1040C for the taxable year of his in­ Attorney General the waiver provided district director finds that the departure tended departure, showing income re­ for under section 247(b) of the Immigra­ of such an alien results in jeopardy, the ceived, and reasonably expected to be tion and Nationality Act is not en­ taxable period of such alien will be ter­ received, during the entire taxable year titled to the exception provided by this minated, and such alien will be required within which the departure occurs; subdivision. to file returns and make payment of (ii) Where the period for filing has (ii) Alien visitors or tourists. An taxes in accordance with subparagraph not expired, the return required under alien visitor or tourist in the United (4) of this paragraph. On the other section 6012 and § 1.6012-1 for the pre­ ceding taxable year; and States or any of its possessions shall not, hand, if the district director finds that upon departure therefrom, be examined the departure of such an alien does not (iii) Any income tax returns which have not been filed as required. as to his liability for United States in­ result in jeopardy, such alien will be come tax or be required to obtain a required to file returns in accordance Upon compliance by the alien with the certificate of compliance provided— with subparagraph (2) or (3) of this foregoing requirements of this subpara­ (a) He was admitted solely on a B-2 paragraph, but will not be required upon graph, and payment of any income tax visa; departure to pay income tax before the due and owing, the alien will be issued (b) He has been in the United States usual time for payment. the certificate of compliance on the or any of its possessions for not more (ii) The fact that an alien intends duplicate copy of Form 1040C completed than 60 consecutive days, whether or not to depart from the United States will to certify that the alien has complied within the same calendar year, or not justify a finding that jeopardy exists un­ with all of the obligations imposed upon more than a total of 60 days, whether or less the district director is convinced that him at the time of his departure by the not consecutive, during the calendar the alien (whether resident or not) will income tax laws and the regulations year;. return to the United States or any of its thereunder with respect to income for his (c) He has received no gross income possessions or unless the district director current and prior taxable years. A from sources within the United States is convinced that the alien will leave certificate of compliance so issued shall for the taxable year up to and including sufficient property in the United States be subject to revocation by the district the date of his intended departure (and or its possessions to secure payment of director if the taxable period is termi­ for the preceding taxable year in any his income taxes. The fact that a resi­ nated upon a subsequent departure from case in which the period for making the dent alien leaves a family in the United the United States or any of its posses­ income tax return for such preceding States or that an alien (whether resi­ sions during the same taxable year. A year has not expired); and dent or not) is engaged in a trade or return on Form 1040C will not be re­ (d) He is not in default in making re­ business in the United States may pro­ quired upon any such subsequent depar­ turn of, or paying, United States income vide such evidence. ture in the same taxable year unless the tax for any taxable year. (iii) A departing alien who wishes to taxable period is terminated upon such (iii) Aliens in transit. An alien in establish that his departure does not subsequent departure. The return re­ transit through the United States or any result in jeopardy shall furnish to the quired under subdivision (i) of this sub- of its possessions who remains in the district director a statement showing— paragraph, if made for a taxable year United States or a possession thereof for (a) The reason for his departure and beginning before January 1, 1960, may a period of not more than, five days in facts evidencing his intention to return; be made on a Form 1040D in lieu of a any one trip shall not upon departure be (b) The anticipated duration of his Form 1040C. examined as to his income tax liability absence; (4) Alien whose taxable period is or be required to procure a certificate of (c) The nature and extent of his busi­ compliance, unless the -internal revenue ness and property and of his family in terminated. Any alien required to ob­ officer or employee at the point of de­ the United States or any of its posses­ tain a certificate of compliance (but not parture is in possession of information sions ; and described in subparagraph (2) of this indicating that the alien is obligated to id) Such other information as the paragraph) whose taxable period is the United States for income tax. This district director may consider necessary terminated upon departure shall file with exception applies to any alien who is .to enable him to determine whether the the district director— Tuesday, December 1, 1959 FEDERAL REGISTER 9585

(i) A return on Form 1040C for the Administrator of the Wage and Hour short taxable period resulting from such Title 29— LABOR Division of the United States Depart­ ment of Labor and shall give such other termination, showing income received, Chapter V— Wage and Hour Division, and reasonably expected to be received, notice as the Administrator may during the taxable year up to and in­ Department of Labor prescribe. cluding the date of departure j PART 687— HOSIERY INDUSTRY IN Signed at Washington, D.C., this 23d (ii) Where the period for filing has day of November 1959. not expired, the return required under PUERTO RICO section 6012 and § 1.6012-1 for the pre­ Pursuant to section 5 of the Fair Labor C lar en c e T. L u n d q u is t , ceding taxable year; and Standards Act of 1938 (52 Stat. 1062, as Administrator. (iii) Any income tax returns which amended; 29 U.S.C. 205 et seq.), the Sec­ [F.R. Doc. 59-10083; Filed, Nov. 30, 1959; have not been filed as required. retary of Labor by Administrative Order 8:47 a.m.] Upon filing such returns, and paying the No. 521 (24 F.R. 7736), as amended by income tax required to be shown thereon Administrative Order No. 523 (24 F.R. and any other income tax due and owing, 8552), and Administrative Order No. 525 the departing alien will be furnished the (24 F.R. 8951), appointed, convened, and PART 6 9 9 — TEXTILE AND TEXTILE certificate of compliance on the dupli­ gave due notice of the hearing of, and referred to Industry Committee No. 45-B PRODUCTS INDUSTRY IN PUERTO cate copy of Form 1040C completed to RICO certify that the alien has complied with the question of the minimum wage rate all the obligations imposed on him at or rates to be paid under section 6 of Pursuant to section 5 of the Fair Labor the time of his departure by the income that Act to employees in the hosiery in­ Standards Act of 1938, as amended (52 tax laws and regulations thereunder with dustry in Puerto Rico, as defined in said Stat. 1062, as amended; 29 U.S.C. 205), respect to income received, and rea-. Administrative Order, who are engaged the Secretary of Labor by Administrative sonably expected to be received, up to in commerce or in the production of Order No. 521 (24 F.R. 7736), as amended and including the date of departure. A goods for commerce. by Administrative Order No. 523 (24 F.R. departing alien may postpone payment Subsequent to an investigation and a 8552), appointed, convened and gave due of the tax required to be shown on the hearing conducted pursuant to the no­ notice of the hearing of, and referred to returns filed in accordance with sub­ tice, the committee filed with the Ad­ Industry Committee No. 45-A the ques­ ministrator a report containing its find­ divisions (i) and (ii) of this subpara­ tion of the minimum wage rate or rates graph until the usual time of payment by ings with respect to the matters referred to be paid under section 6 of that Act to furnishing a bond as provided in to it. employees in the Textile and Textile Accordingly, as authorized and re­ § 1.6851-3. Products Industry in Puerto Rico as de­ (5) Joint return on Form 1040C. A quired by section 8 of the Fair Labor fined in said Administrative Order, who departing alien may "not file a joint re­ Standards Act of 1938, as amended (52 are engaged in commerce or in the pro­ turn on Form 1040C unless— Stat. 1064, as amended; 29 U.S.C. 208), duction of goods for commerce. There Reorganization Plan No. 6 of 1950 (64 (i) Such alien and his spouse may rea­ was not referred to the committee the sonably be expected to be eligible to file Stat. 1263; 3 CFR, 1950 Supp., p. 165), wage rate fixed for the "mattress and a joint return at the normal close of their and General Order No. 45-A (15 F.R. pillow classification of the industry (23 3290), the recommendations of the com­ taxable periods for which the return is F.R. 1809) which had reached the ob­ mittee are hereby published in this order made; and jective of the minimum wage prescribed (ii) If the taxable period of such alien amending 29 CFR Part 687, effective De­ in paragraph (J.) of section 6(a) of the cember 17, 1959, to read as follows: is terminated, the taxable periods of Act. both spouses are so terminated as to end Sec. Subsequent to an investigation and a at the same time. 687.1 Definition. hearing conducted pursuant to the no­ (6) Annual return. Notwithstanding 687.2 Wage rates. tice, the committee filed with the Ad­ that Form 1040C has been filed for either 687.3 Notices. ministrator a report containing its the entire taxable year of departure or A u t h o r it y : §§ 687.1 to 687.3 issued under findings of fact and recommendations for a terminated period, the return re­ Section 8, 52 Stat. 1064, as amended; 29 with respect to the matters referred to it. quired under section 6012 and § 1.6012-1 U.S.C. 208. Interpret or apply Section 5, 52 Accordingly as authorized and re­ for such taxable year shall be filed. Any Stat. 1062, as amended; 29 U.S.C. 205; sec. 6, 52 Stat. 1062 as amended; 29 U.S.C. 206. quired by section 8 of the Fair Labor income tax paid on income shown on the Standards Act of 1938, as amended (52 return on Form 1040C shall be applied § 687.1 Definition. Stat. 1064, as amended; 29'U.S.C. 208), against the tax determined to be due on The hosiery industry in Puerto Rico to Reorganization Plan No. 6 of 1950 (64 the income required to be shown on the which this part shall apply; is defined Stat. 1263; 3 CFR 1950 Supp., p. 165), subsequent return under section 6012 as the manufacture and processing of and General Order No. 45-A of the Sec­ and § 1.6012-1. full-fashioned and seamless hosiery, in­ retary of Labor (15 F.R. 3290), the rec­ § 1.6851—3 Furnishing o f bond to insure cluding, among other processes, the ommendations of the committee are payment. knitting, seaming, looping, dyeing, hereby published in this order amending 29 CFR Part 699, except for § 699.2(a) If any income tax is made due and clocking, and all phases of finishing ho­ siery, but not including the manufacture thereof, effective December 17, 1959, to payable by virtue of the provisions of read as follows: section 6851 and §§ 1.6851-1 and 1.6851-2, or processing of yarn or thread. a taxpayer may, in lieu of making im­ § 687.2 W age rates. Sec. mediate payment thereof, furnish the 699.1 Definition. Wages at a rate of not less than 68 699.2 Wage rates. district director a bond in an amount cents an hour shall be paid under sec­ 699.3 Notices. equal to the amount of tax (including tion 6 of the Fair Labor Standards Act A u t h o r it y : §§ 699.1 to 699,2 issued under interest thereon to the date of payment of 1938 by every employer to each of his as calculated by the district director) section 8,52 Stat. 1064, as amended; 29 U.S.C. employees in the hosiery industry in 208. Interpret or apply sec. 5, 52 Stat. 1062 payment of which is sought to be stayed, Puerto Rico, who is engaged in commerce as amended; 29 U.S.C. 205; sec. 6, 52 Stat. conditioned upon the timely filing of re­ or in the production of goods for 1062, as amended; 29 U.S.C. 206. turns with respect to such tax and the commerce. payment of such tax at the time it would § 699.1 Definition. otherwise be payable without regard to § 687.3 Notices. The textile and textile products in­ the provisions of section 6851 and Every employer subject to the provi­ dustry in Puerto Rico to which this part §§ 1.6851-1 and 1.6851-2. See section sions of § 687.2 shall post in a conspic­ shall apply is defined as the preparation 7101 and the regulations thereunder, re­ uous place in each department of his of textile fibers, including the ginning lating to the form of bond and the sure­ establishment where employees subject and compressing of cotton; the manu­ ties thereon. to the provisions of § 687:2 are working facture of batting, wadding, and filling; IP.R. Doc. .59-10085; Piled, Nov. 30, 1959; such notices of this order as shall be the manufacture, including dyeing and 8:48 a.m.] prescribed from time to time by the finishing of yarn, cordage, twine, felt, 9586 RULES AND REGULATIONS

woven and knitted fabrics, and lace- (e) Wages at a rate of not less thanin Sweetwater County about ten miles machine products, from cotton, jute, 68 cents an hour shall be paid under sec­ north of the town of Eden. sisal, coir, maguey, silk, rayon, nylon, tion 6 of the Pair Labor Standards Act of 3. Subject to any valid existing rights wool or other vegetable, animal, or syn­ 1938 by every employer to each of his and the requirements of applicable law, thetic fiber, or from mixtures of these employees in the general classification the lands are hereby opened to filing of fibers; and the manufacture of blankets, of the textile and textile products indus­ applications, selections and locations in textile bags, mattresses, quilts, pillows, try in Puerto Rico, who is engaged in accordance with the following; hairnets, oilcloth and artificial leather commerce or in the production of goods a. Applications and selections under containing a textile base, woven carpets for commerce, and this classification the nonmineral public land laws and the and rugs, and hooked or punched rugs shall be defined as all services and the regulations in 43 CFR will be received at and carpeting: Provided, however, That manufacture of all products included in once by the Manager named below. the industry shall not include the chemi­ the textile and textile products industry Preferences in the consideration of such cal manufacturing of synthetic fiber and in Puerto Rico, except those products and applications will be recognized as such related processing of yarn as is con­ activities included in the mattress and follows: ducted in establishments manufacturing pillow classification, the bag cleaning (1) Until 10:00 a.m. on May 23, 1960, synthetic fiber. and repairing classification, the multiple- the State of Wyoming shall have a pre­ § 699.2 W age rates. needle power-driven maehine operations ferred right of application to select the on hooked rugs classification, and the lands in accordance with and subject to (a) Wages at a rate of not less than other operations on hooked rugs the provisions of subsection (c) o f sec­ $1.00 an hour shall be paid under sec­ classification. tion 2 of the act of August 27, 1958 tion 6 of the Pair Labor Standards Act of § 699.3 Notices. (72 Stat. 928; 43 U.S.C. 852c), and the 1938 by every employer to each of his regulations in 43 CFR. employees in the mattress and pillow Every employer subject to the provi­ (2) All valid applications under the classification of the textile and textile sions of | 699.2 shall post in a con­ nonmineral public land laws other than products industry in Puerto Rico, who is spicuous place in each department of his those coming under subparagraph (1) engaged in commerce or in the produc­ establishment where employees subject above, presented prior to 10:00 a.m: on tion of goods for* commerce, and this to the provisions of § 699.2 are working December 30, 1959, will be considered as classification shall be defined as the such notice of -this part as shall be pre­ simultaneously filed at that hour. Any manufacture of mattresses and pillows.1 scribed from time to time by the Ad­ rights under such applications filed (b) Wages at a rate of not less than ministrator of the Wage and Hour thereafter will be governed by the time 60 cents an hour shall be paid under sec­ Division of the United States Depart­ of filing. tion 6 of the Fair Labor Standards Act of ment of Labor and shall give such other (3) All applications under subpara­ 1938 by every employer to each of his notice as the Administrator may graphs (1) and (2) above, shall be employees in the bag cleaning and re­ prescribe. subject to those from persons having pairing classification of the textile and prior existing valid settlement rights, textile products industry in Puerto Rico, Signed at Washington, D.C., this 23d day of November 1959. preference rights conferred by existing who is engaged in commerce or in the law, and equitable claims subject to al­ production of goods for commerce, and C lar en c e T. L u n d q u is t , lowance and confirma tion^ this classification shall be defined as the Administrator. 4. The lands have been open to ap­ cleaning, mending, and repairing of bags [PJR. Doc. 59-10084; Piled, Nov. 80, 1959; plications and offers under the mineral made from burlap, cotton, and other tex­ 8:47 a.m.] leasing laws. They will be open to loca­ tile materials. tion under the United States mining laws (c) Wages at a rate of not less than at 10:00 a.m. on May 23,1960. 76 cents an hour shall be paid under sec­ 5. Persons claiming preferential con­ tion 6 of the Pair Labor Standards Act Title 43— PUBLIC LANDS: sideration must submit evidence of their of 1938 by every employer to each of his entitlement. employees in the multiple-needle power- INTERIOR Inquiries concerning the lands shall be driven machine operations on hooked Chapter I— Bureau of Land Manage­ addressed to the Manager, Land Office, rugs classification of the textile and tex­ Bureau of Land Management, Cheyenne, tile products industry in Puerto Rico, ment, Department of the Interior Wyoming. who is engaged in commerce or in the APPENDIX— PUBLIC LAND ORDERS R oger E r nst, production of goods for commerce, and Assistant Secretary of the Interior. this classification shall be defined as the [Public Land Order 2021] N o vem ber 24,1959. punching or tufting in the manufacture [Wyoming 084861] of hooked or punched rugs and carpeting [F .R . Doc. 59-10067; Filed, Nov. 30, 1959; with multiple-needle machines contain­ WYOMING 8:45 a.m.] ing five or more needles, including the operation of the machine, the work of Revocation in Part of Reclamation the assistant or helper thereon, and the Withdrawal Eden Project work of the maintenance employees who By virtue of the authority contained [Public Land Order 2022] set up or repair these machines. in section 3 of the act of June 17, 1902 [Idaho 07470] (d) Wages at a rate of not less than (32 Stat. 388; 43 U.S.-C. 416), it is or­ 58 cents an hour shall be paid under sec­ dered as follows: IDAHO tion 6 of the Pair Labor Standards Act 1. The orders of the Bureau of Recla­ Withdrawing Lands for Stock of 1938 by every employer to each of his mation dated August 30, 1951 and May Driveway Purposes employees in the other operations on 8, 1952, concurred in by the Bureau of hooked rugs classification of the textile Land Management on January 24, 1952, By virtue of the authority vested in and textile products industry in Puerto and June 2,1952, withdrawing lands un­ the Secretary of the Interior by section Rico, who is engaged in commerce or in der the first form for reclamation pur­ 10 of the act of December 29, 1916 (39 the production of goods for commerce, poses in connection with the Eden Proj­ Stat. 365; 43 U.S.C. 300), as amended, and this classification shall be defined as ect, are hereby revoked so far as they it is ordered as follows : all operations and processes in the affect the following-described laiids: Subject to valid existing rights, the manufacture of hooked or punched rugs S ix t h P r in c ip a l M e r id ia n following-described public lands in Idaho and carpeting except those included in are hereby withdrawn from all forms of the multiple-needle power-driven ma­ T. 26 N., R. 105 W., appropriation under the public land Sec. 32, S E ^ S W % . chine operations on hooked rugs laws, except the mining and m in eral classification. T. 25 N., R. 106 W „ Sec. 2, lot 3, SW & SW^4. leasing laws and disposals of materials under the act of July 31, 1947 (61 Stat. 1 This wage rate and classification was The areas contain 119.85 acres. 681; 30 U.S.C. 601-604), as amended, established -by wage order effective April 3, 2. The lands are desert shrub grazing and reserved under jurisdiction of the 1058 <23 F.R. 1809). lands of low carrying capacity, located Bureau of Land Management for use of Tuesday, December 1, 1959 FEDERAL REGISTER 9587 the general public for stock driveway (Sec. 109, 65 Stat. 22; 50 TJ.S.C. App. Sup. lations are to be issued under the author­ purposes: 1219) ity contained in section 7805 of the In ­ B o ise M e r id ia n Dated: November 25,1959. ternal Revenue Code of 1954 (68A Stat. 917; 26 U.S.C. 7805). T. 6 S., R. 22 E., T h o m a s C o g g e sh a ll, Sec. 13; Chairman. [ s e a l ] D a n a L a t h a m , Sec. 14; Commissioner of Internal Revenue. S6C. 23* [F.R. Doc. 59-10075; Filed, Nov. 30, 1959; Sec! 26,’ Wi/2, W % E % ; 8:46 a.m.] The Income Tax Regulations (26 CFR Sec. 35, lots 1,2, 3,4, and Ni/2S%. Part 1) are hereby amended to prescribe T. 7 S., R. 22 E., a definition of the term “scientific”, as Sec. 1, lots 1, 2, 3, 4, S ^ N ^ and used in section 501(c) (3) of the Internal Sec. 2, lots 1,2, 3, 4, and S%; Title 33— NAVIGATION AND Revenue Code of 1954, and to prescribe Sec. 11; ' Sec. 14, Wy2NE ^, NW'/4, and sy2. rules with respect to the taxation under T. 7 S., R. 23 E„ NAVIGABLE WATERS section 511 of such Code of income de­ Sec. 5, lots 2, 3, 4, Sy2NW % and Wy2SWi,4: Chapter II— Corps of Engineers, rived from certain research. Sec. 6, lots 1, 2, 3, 4, 5, S E ^ N E ^ and P aragraph 1. Paragraph (d) of § 1.501 Ei/2SE^; V ,1 Department of the Army (c) (35 —1 is amended by adding the fol­ Sec. 7, lot 1 and N E ^ N E 1^; lowing new subparagraph at the end Sec. 8, N E 14NE 14. . PART 203—^-BRIDGE REGULATIONS thereof: The areas described aggregate 5,908.78 Wilmington River, Ga., and Pensacola (5) Scientific defined, (i) Since an acres. Bay, Fla. organization may meet the requirements Any mineral deposits in the lands shall of section 501(c)(3) only if it,serves a be subject to location and entry only in Pursuant to the provisions of section public rather than a private interest, a the manner prescribed by the Secretary 5 of the River and Harbor Act of August “scientific” organization must be organ­ of the Interior in accordance with the 18, 1894 (28 Stat. 362; 33 U.S.C. 499), ized and operated in the public interest provisions of the Act of January 29, 1929 § 203.405 governing the operation of the (see subparagraph (1) (ii) of this para­ (45 Stat. 1144; 43 U.S.C. 300) and exist­ highway bridge across Wilmington River graph) . Therefore, the term “scientific”, ing regulations. on U.S. Route 80 at Thunderbolt, Geor­ as used in section 501(c) (3), includes the R oger E r n s t , gia, is hereby revoked, the bridge having carrying on of scientific research if such Assistant Secretary of the Interior. been removed from the waterway, and research is directed not toward promot­ N ovem ber 24, 1959. § 203.482 governing the operation of the ing private gain, but rather toward bene­ [PR. 4Doc. 59-10068; Filed, Nov. 30, 1959; Pensacola Bay bridge across Pensacola fiting the public. Research when taken 8:45 a.nj..] Bay at Pensacola, Florida, during the alone is a word with various meanings; it is not synonymous with “scien­ Quadricentennial Celebration which tific” ; and the nature of particular re­ ended on 30 September 1959, is hereby search depends upon the purpose which Title 32— NATIONAL DEFENSE revoked, as follows: it serves. For research to be “ scientific” , Chapter XIV— The Renegotiation § 203.405 Wilmington River, Ga. ; swing within the meaning of section 501(c) (3), highway bridge oh U.S. Route 80, at it must be carried on in furtherance of Board , Thunderbolt, Ga. a “¿teientific” purpose. An organization which carries on research in furtherance PART 1464— CONSOLIDATED RENE­ [Revoked! GOTIATION OF AFFILIATED of an educational purpose is not a “sci­ § 203.482 Pensacola Bay, Fla.; Pensa­ entific” organization although it may GROUPS AND RELATED GROUPS cola Bay bridge at Pensacola. qualify for exemption under section Request for Consolidated Renego­ [Revoked] 501(c) (3) as an “ educational” organiza­ tiation of Related Group; When tion. Similarly, research, though not [Regs. November 13, 1959, 285/91 (W ilm ing­ “scientific”, may be a charitable activity Granted ton River, Ga., and Pensacola Bay, Fla.) — ENGW O] (Sec. 5, 28 Stat. 362; 33 U.S.C. 499) if it is carried on in furtherance of a Section 1464.4 Request for consoli­ charitable purpose as described in sec­ dated renegotiation of a related group; R. V . L e e , tion 501 (c) (3). The determination as to when granted is hereby amended by de­ M ajor General, U.S. Army, whether research is “scientific” does not leting paragraph (b ), including the note The Adjutant General. depend on whether such research is clas­ appended thereto, and by redesignating [F R . Doc. 59-10057; Filed, Nov. 30, 1959; sified as “ fundamental” or “ basic” as paragraph (c) as paragraph (b). 8:45 a.m.] contrasted with “ applied” or “ practical”. On the other hand, for purposes of the exclusion from unrelated business tax­ able income provided by section 512(b) (9), it is necessary to determine whether PROPOSED RULE MAKING the organization is operated primarily for purposes of carrying on “ fundamen­ tal” , as contrasted with “ applied” , tion of such regulations, consideration research. DEPARTMENT OF THE TREASURY will be given to any comments or sugges­ (ii) The term “ research” means the tions pertaining thereto which are sub­ endeavor to discover, to develop, and to Internal Revenue Service mitted in writing, in duplicate, to the verify knowledge. Such term does not [ 26 CFR (1954) Part 1 1 Commissioner of Internal Revenue, A t­ include activities of a type ordinarily tention: T:P, Washington 25, D.C., carried on as an incident to commercial INCOME TAX; TAXABLE YEARS BE­ within the period of 30 days from the or industrial operations, as, for example, GINNING AFTER DECEMBER 31, date of publication of this notice in the the ordinary testing or inspection of 1953 F ederal R eg ist e r . Any person submit­ materials or products or the designing ting written comments or suggestions or construction of equipment, buildings, “Scientific” Organizations who desires an opportunity to comment etc. An organization is not “ scientific” Notice is hereby given, pursuant to the orally at a public hearing on these pro­ within the meaning of section 501(c) (3) Administrative Procedure Act, approved posed regulations should submit his re­ if it uses the results of its research to June 11, 1946, that the regulations set quest, in writing, to the Commissioner advocate a particular position or view­ forth in tentative form below are pro­ within the 30-day period. In such a point as distinguished from engaging in posed to be prescribed by the Commis­ case, a public hearing ..will be held, and nonpartisan research and making the sioner of Internal Revenue, with the ap­ notice of the time, place, and date will results thereof available to the public. proval of the Secretary of the Treasury be published in a subsequent issue of the Thus, an organization is not “ scientific” °r his delegate. Prior to the final adop- F ederal R e g ist e r . The proposed regu­ if it performs research but only makes 9588 PROPOSED RULE MAKING

available to the public that portion of § 1.513-1, with respect to research which amount of such payment is income from the results of such research as will sup­ constitutes an unrelated trade or busi­ an unrelated trade or business. See, port a particular position or viewpoint ness, and section 512(b) (7), (8), and however, section 512(b), (7), (8), and or if its principal function is the mere (9), with respect to income derived from (9), relating to the exclusion from unre­ presentation of unsupported opinion. research which is excludable from the lated business taxable income of income (iii) Research will be regarded as tax on unrelated business income. derived from research for the United directed not toward promoting private States or any State, and of income de­ P ar. 2. Paragraph (a) of § 1.513-1 is gain, but rather toward benefiting the rived from research performed for any public, if the results of such research amended by adding the following new subparagraph at the end thereof: person by a college, university, hospital, are freely available to the general public. or organization operated primarily for (iv) A determination as to whether (5) I f an organization receives a pay­the purpose of carrying on f undamental the results of research are freely avail­ ment pursuant to a contract nr agree­ research the results of which are freely able to the general public will depend on ment under which such organization is available to the general public. the particular facts and circumstances to perform research which constitutes [ F A Doc. 59-10077; Filed, Nov. 30, 1959; of each case. The requirement that the an unrelated trade or business, the entire 8:46 a.m.] results of research be freely available to the general public is satisfied if the re­ sults of such research (including any patents, copyrights, processes, or for­ mulae resulting from the research) are made available to the interested public NOTICES in a practicable manner and on a non- discriminatory basis. For example, the results of research which are of such DEPARTMENT OF THE TREASURY I hereby determine that aluminum foil a technical nature as to be of interest from West Germany is not being, nor is to only a small segment of the public may Foreign Assets Control likely to be, sold at less than fair value be considered freely available to the gen­ within the meaning of section 201 (a) of eral public although such results are IMPORTATION OF CERTAIN the Antidumping Act, 1921, as amended available only in such form and in such MERCHANDISE (19U.S.C. 160(a)). Statement of reasons: place as will permit their use by such Available Certifications by the Gov­ segment of the public. The results of Aluminum foil identical or similar to research are not freely available to the ernments of Spain and the Republic that sold for exportation to the United general public in any case when the re­ of Korea States is sold in substantial quantities in the home market in Germany. Accord­ search. is performed for any person (1) Certificates of origin issued by (other than the United States, or any ingly, a comparison was made of prices the Ministry of Commerce of the Gov­ to the United States and prices in the of its agencies or instrumentalities, or ernment of Spain under procedures any State or political subdivision home market for fair value purposes. agreed upon between that Government In making the comparison, due allow­ thereof) and such person has the right and the Foreign Assets Control are now to control the availability (including the ance was m£de for differences in quan­ available with respect to the importa­ tity where applicable, for differences in extent or timing of disclosure) to the tion into the United States directly, or public of the results of such research cost of manufacture in the case of sim­ on a through bill of lading, from Spain ilar merchandise, and for included taxes or has the right to obtain ownership or of the following commodity; control of any patents, copyrights, proc­ and inland freight. The comparison esses, or formulae resulting from such Menthol, synthetic. disclosed no sales at less than home mar­ research. The results of research per­ (2) Certificates of origin issued by the ket price, with the exception of a single formed for and inuring to the benefit of Ministry of Commerce and Industry of type of foil exported by one manufac­ the United States, or any of its agencies the Republic of Korea under procedures turer, which was sold prior to July 1, or instrumentalities, or a State or politi­ agreed upon between the Government of 1959, at a price lower than the home cal subdivision thereof, shall be con­ the Republic of Korea and the Foreign market price of similar foil produced by sidered freely available to the general Assets Control are now available with other manufacturers in Germany. As public unless the organization perform­ respect to the importation into the a result of a price change by this manu­ ing the research retains the right to United States directly, or on a through facturer, there have been no sales since obtain ownership or control of any bill of lading, from the Republic of Korea that date at less than the home market patent, copyright, process, or formula of the following commodity: price of similar merchandise. The evi­ resulting from such research and does dence available indicates that there is Feathers, domestic cock and male pheas­ no likelihood of sales at less than home not make such patent, copyright, proc­ ant. ess, or formula available to the public market price in the future. The quan­ on a nondiscriminatory basis. The re­ [ s e a l] E l t in g A r n o l d , tity involved in the sales in question was sults of research shall be considered Acting Director, deemed to be not more than insignificant. freely available to the general public Foreign Assets Control. This determination and the statement although such results are not, in fact, of reasons therefor are published pur­ [F.R. Doc. 59-10076; Filed, Nov. 30, 1959; suant to section 201 (c) of the Antidump­ made available to the public because their 8:46 a.m.] publication is restricted by the Govern­ ing Act, 1921, as amended (19 UJ3.C. 160 (c) ^. ment for national security or other reasons. [ s e a l] A. G ilm o r e F l u e s , f

thereby when added to the amount of action with the Office of the Federal such application: Provided, however, any nonrecourse price support extended Register on November 5,1959, the Atomic That the Commission may, after a non- through loans for peanuts shall not ex­ Energy Commission has issued Construc­ contested hearing, dispose of the pro­ ceed $50,000 for any person who is tion Permit No. CPRR-45 authorizing ceedings, pursuant to the provisions of ineligible for unlimited nonrecourse Worcester Polytechnic Institute to con­ § 1.30(c) (1) or (2) of the Commission’s price support. Any such person not struct a one kilowatt pool-type nuclear rules of practice and procedure. Under eligible for unlimited nonrecourse price reactor facility on the Institute’s campus the procedure herein provided for, un­ support may obtain recourse price sup­ in Worcester, Massachusetts. Notice of less otherwise advised, it will be unneces­ port on any quantity of peanuts not the proposed action was published in the sary for Applicant to appear or be repre­ eligible for tender under purchase agree­ F ederal R egister on November 6, 1959. sented at the hearing. ment if he otherwise meets eligibility re­ 24 F.R. 9064. Protests or petitions to intervene may quirements through the regular pro­ be filed with the Federal Power Com­ cedure established therefor. Dated at Germantown, Md., this 23d day of November 1959. mission, Washington 25, D.C., in accord­ 5. In case a person receives price sup­ ance with the rules of practice and pro­ port advances in excess of $50,000 and For the Atomic Energy Commission. cedure (18 CFR 1.8 or 1.10) on or before such person is ineligible for unlimited R . L. K ir k , December 14,1959. Failure of any party nonrecourse price support, the amount Deputy Director, Division of to appear at and participate in the hear­ due on a recourse basis shall be the Licensing and Regulation. ing shall be construed as waiver of and amount advanced in excess of $50,000 concurrence in omission herein of the plus interest and charges. Charges shall [P it. Doc. 59-10056; Piled, Nov. 30, 1959; intermediate decision procedure in cases 8:45 a.m.] include storage and other applicable where a request therefor is made. charges paid or payable by CCC with respect to the loan collateral relating to J o s e ph H . G u t r id e , the recourse advance. In the event any FEDERAL POWER COMMISSION Secretary. person does not repay the recourse ad­ [P H . Doc. 59-10059; Piled, Nov. 30, 1959; [Docket No. 0-18064] vance when due, CCC shall have the 8:45 am .] right to sell the collateral securing the J. S. ABERCROMBIE MINERAL recourse advance. Further, if it is de­ COMPANY, INC. termined by CCC that the peanuts can no longer be held because of danger of Notice of Application and Date of [Project No. 1971] deterioration or other reasons and the Hearing peanuts are not redeemed, CCC may IDAHO POWER CO. dispose of the peanuts prior to-the date N ovem ber 23,1959. Notice of Postponement of Hearing when the recourse advance is due in Take notice that J. S. Abercrombie such manner as it deems best to protect Mineral Company, Inc. (Applicant), a November 23, 1959. the interests of CCC and the person. Delaware corporation with its principal Take notice that the hearing in the Upon sale of the collateral the net pro­ place of business in Houston, Texas, filed above-designated matter now scheduled ceeds will be credited to such person’s an application in Docket No. G-18064 on for December 7, 1959, is hereby post­ recourse indebtedness.. Any amount by March 13, 1959, pursuant to section 7 of poned to December 8,1959, at 10:00 am., which the net proceeds exceed the re­ the Natural Gas Act for a certificate of e.s.t„ in a hearing room o f the Federal course indebtedness for any person shall public convenience and necessity for Power Commission, 441 G Street NW., be paid to such person. Any un­ authorization to continue a sale of Washington, D.C. liquidated balance due CCC shall be col­ natural gas to Texas Illinois Natural Gas J o s e ph H . G u t r id e , lected by appropriate means. Pipeline Company (Texas Illinois), pre­ Secretary. 6. These limitations applicable to the viously made by J. S. Abercrombie, an 1960 production of peanuts apply to the individual, from certain acreage in the [F.R. Doc. 59-10060; Piled, Nov. 30, 1959; crop which would be eligible for price Milton Field, Harris County, Texas, pur­ 8:45 a.m,] support under the peanut price support suant to a 20-year gas sales contract program for 1980. dated April 1, 1956, between J. S. Aber­ 7. Provisions implementing this notice, crombie, et al., sellers, and Texas Illinois, including provisions which will preclude buyer, which contract was originally ac­ [Docket No. G—18940] arrangements, entered into by persons cepted for filing as J. S. Abercrombie FPC in the production of peanuts on farms Gas Rate Schedule No. 3, all as more CHARLES B. JOHNSTON, JR. 1 in 1960, from having the effect of circum­ fully described in the application on file Notice of Application and Date of venting these provisions of law, will be with the Commission, and open to public Hearing included in regulations to be issued by inspection. the Department of Agriculture at a later Applicant states that by instrument of N o vem ber 23,1959. date. assignment dated December 31, 1958, Take notice that Charles B. Johnston, (Pub. Law 86-80) effective January 1, 1959, J. S. Aber­ Jr. (Applicant), with a principal place crombie conveyed his working interest of business in Pittsburgh, Pennsylvania, Issued this 24th day of November 1959. in the subject acreage to Applicant; and filed an application in Docket No. C lar en c e D. P a l m b y , that J. S. Abercrombie was authorized G-18940 on July 8, 1959, pursuant to Acting Executive Vice President, in Docket No. G-10927 to render the section 7(b) of the Natural Gas Act, for Commodity Credit Corporation. service proposed to be continued by permission and approval to abandon Applicant. service to Hope Natural Gas Company [F.R. Doc. 59-10096; Piled, Noy. 30, 1959; This matter is one that should be dis­ 8:48 a.m.]; (Hope) from acreage in Meade District, posed of as promptly as possible under Tyler County, West Virginia, covered by the applicable rules and regulations and a sales contract dated September 12, to that end: 1930, as amended, by and between Ohio ATOMIC ENERGY COMMISSION Take further notice that, pursuant to Oil and Gas Company, Inc., predecessor the authority contained in and subject in interest to Johnston, as seller, and [Docket 50-134] to the jurisdiction conferred upon the Hope, as buyer, on file as Charles B. Notice of Issuance of Construction Federal Power Commission by sections 7 Johnston, Jr. FPC Gas Rate Schedule Permit and 15 of the Natural Gas Act, and the No. 1, as supplemented. The service Commission’s rules of practice and pro­ was authorized on May 4, 1959, in Dock­ WORCESTER POLYTECHNIC cedure, a hearing will be held on Decem­ et No. G-14206, all as more fully de­ INSTITUTE ber 16, 1959, at 9:30 a.m., e.s.t., in a scribed in the application on file with Hearing Room of the Federal Power the Commission, and open to public Please take notice that no request for Commission, 441 G Street NW., Wash­ inspection. a formal hearing having been filed fol­ ington, D.C., concerning the matters in­ In support of the proposed abandon­ lowing the filing of notice of proposed volved in and the issues presented by ment Applicant states the available sup- Tuesday, December 1, 1959 FEDERAL REGISTER 9591 ply of natural gas has declined to a point the argument shall notify the Secretary Each Applicant, as a part of the re­ where it is no longer economically feasi­ the amount of time desired for such spective applications, filed a letter from ble to continue the operation. Appli­ purpose on or before December 8, 1959. El Paso which stated El Paso does not oppose the proposed abandonment of cant has included with the application J o s e p h H . G u t r id e , a letter from Hope dated June 25, 1959, Secretary. service. notifying Applicant that as deliveries of These related matters should be heard gas under the subject contract have de­ [F.R. Doc. 59-10062; Filed, Nov. 30, 1959; on a consolidated record and disposed of clined to less than 5 Mcf per day the 8:45 a.m.] as promptly as possible under the ap­ contract is cancelled by its own terms. plicable rules and regulations and to This matter is one that should be dis­ that end: posed of as promptly as possible under {Docket No. G-18631 etc.] Take further notice that, pursuant to the applicable rules and regulations and the authority contained in and subject to that end: SINCLAIR OIL & GAS CO.* ET AL. to the jurisdiction conferred upon the Take further notice that, pursuant to Notice of Applications and Date of Federal Power Commisison by sections 7 and 15 of the Natural Gas Act, and the the authority contained in and subject Hearing to the jurisdiction conferred upon the Commission’s rules of practice and pro­ Federal Power Commission by sections N ovem ber 23,1959. ^ cedure, a hearing will be held on De­ 7 and 15 of the Natural Gas Act, and In the matters of Sinclair Oil & Gas cember 23, 1959, at 9:30 a.m. e.s.t., in a the Commission’s rules of practice and Company, Docket No. G-18631^' The Hearing Room of the Federal Power procedure, a hearing will be held on Atlantic Refining Company, Docket No, Commission, 441 G Street NW., Wash­ December 16, 1959, at 9:30 a.m., e.s.t., G-18656; Shell Oil Company, Docket No. ington, D.C., concerning the matters in­ in a Hearing Room of the Federal Power G-18665. volved in and the issues-presented by Commission, 441 G Street, NW., Wash­ Take notice that on May 25, K)59, such applications: Provided, however, ington, D.C., concerning the matters in­ Sinclair Oil & Gas Company (Sinclair), That the Commission may, after a non- volved in and the issues presented by a Maine corporation with its principal contested hearing, dispose of the pro­ such application: Provided, however, office in Tulsa, Oklahoma, in Docket No. ceedings pursuant to the provisions of That the Commission may, after a non- G-18631, and The Atlantic Refining § 1.30(c) (1) or (2) of the Commission’s contested hearing, dispose of the pro­ Company (Atlantic), a Pennsylvania rules of practice and procedure. Under ceedings pursuant to the provisions corporation with its principal office in the procedure herein provided for, unless of § 1.30(c) (1) or (2) of the Commis­ Dallas, Texas, in Docket No. G-18656, otherwise advised, it will be unnecessary sion’s rules of practice and procedure. and on May 29, 1959, Shell Oil Company for Applicants to appear or be repre­ Under the procedure herein provided for, (Shell), a Delaware corporation with its sented at the hearing. unless otherwise advised, it will be un­ principal office in New York, New York, Protests or petitions to intervene may necessary for Applicant to appear or in Docket No. G-18665, filed applications, be filed with the Federal Power Commis­ be represented at the hearing. pursuant to Section 7(b) of the Natural sion, Washington 25, D.C., in accordance Protests or petitions to intervene may Gas Act, for authorization to abandon with the rules of practice and procedure be filed with the Federal Power Com­ service to El Paso Natural Gas Company (18 CFR 1.8 or-1.10) on or before De­ mission, Washington 25, D.C., in accord­ (El Paso) from their compressor plant1 cember 15, 1959. Failure of any party ance with the rules of practice and pro­ which receives gas from approximately to appear at and participate in the cedure (18 CFR 1.8 or 1.10) on or before 1,440 acres of leased land in the Midway hearing shall be construed as waiver o f and concurrence in omission herein of December 15,1959. Failure of any party Lane Field, Crockett County, Texas, to appear at and participate in the hear­ subject to the jurisdiction of the Com­ the intermediate decision procedure in ing shall be construed as waiver of and mission, as more fully described in the cases where a request therefor is made. concurrence in omission herein of the applications on file with the Commission J o s e p h H . G u t r id e , intermediate decision procedure in cases and open to public inspection. Secretary. where a request therefor is made. These sales are covered by a gas sales [F.R. Doc. 59-10063; Filed, Nov. 30, 1959; J o s e p h H. G u t r id e , contract dated July 10,1953, as amended, 8:45 a.m.] Secretary. by and between Sinclair, Atlantic, and 'Shell, as sellers, and El Paso, as buyer, [F.R. Doc. 59-10061; Piled, Nov. 30, 1059; now on file as Sinclair Oil & Gas Com­ 8:45 a.m.] pany FPC Gas Rate Schedule No. 13, as [Docket No. G-18485 ] supplemented, The Atlantic Refining Company FPC Gas Rate Schedule No. 27, SOCONY MOBIL OIL CO. as supplemented, and Shell Oil Company {Docket Nos. G-13018, G-13019] Notice of Application and Date of FPC Gas Rate Schedule No. 15, as Hearing PACIFIC NORTHWEST PIPELINE CORP. supplemented. Applicants state that due to declining AND EL PASO NATURAL GAS CO. November 23,1959. production and field pressures, the , Take notice that on May 7, 1959, Notice Fixing Time for Filing Excep­ amount erf gas available to the plant has Socony Mobil Oil Company (Applicant) tions and for Oral Argument declined to a point where continued op­ formerly Magnolia Petroleum Company eration of the plant is uneconomical (Magnolia) filed in Docket No. G-18485 N ovem ber 23,1959. since the revenues from the plant barely an application pursuant to section 7(b) In the matters of Pacific Northwest approximate the operating costs of the of the Natural Gas Act for permission Pipeline Corporation, Docket No. G - compressor plant itself, exclusive of op­ and approval to abandon sales and serv­ 13018; El Paso Natural Gas Company, erating labor costs, and results in no ice of Texas, to United Gas Pipe Line Docket No. G-13019. allowance for cost of lease and well Company (United). The sales and serv­ Upon consideration of the motion filed operations, gathering taxes and return ice sought to be abandoned are all more November 20, 1959, by El Paso Natural on investment. Shell further states that fully described in the gas sales contract *Gas Company and Pacific Northwest initial deliveries to El Paso were from between Magnolia, as Seller and United Pipline Corporation, the time for filing gas wells which were depleted and aban­ as Buyer, dated January 1, 1952, and exceptions, if any, to the Examiner’s doned in 1956, and .that since 1955 filed with the Commission as Magnolia decision issued November 20, 1959 in the casinghead gas has been compressed and Petroleum Company FPC Gas Rate above-designated matters is hereby fixed sold to El Paso through said compressor Schedule No. 25, as supplemented, which for December 7,1959. plant. said contract is on file and open to Oral argument in this matter will be public inspection. heard before the Commission en banc at 1The compressor facilities were originally Applicant states that all wells in the installed as a pressure maintenance plant 10:00 a.m., e.s.t., December 10,1959, in a rather than as a plant for compressing gas Berclair Field, above-mentioned, are de­ hearing room of the Federal Power Com­ for resale. Such facilities are proposed to be pleted and on March. 2, 1959, a formal mission, 441 G Street NW., Washington, removed upon receipt of the abandonment agreement of release was entered into D.Ç. Parties desiring to participate in authorization requested herein. with United. No. 233— -5 9592 NOTICES

On September 9, 1958, in Docket No. the respective applications and amend­ Operator, lists C. J. Foster Drilling Company, G-11932 Magnolia was authorized by or­ ments and supplements thereto, which Inc., as nonoperator and owner of the re­ der of the Commission to render the are on file with the Commission and maining working interest. Application service to United under the agreement of open to public inspection. covers a ratification agreement dated May sale dated January 1, 1952. 28, 1959, of a basic gas sales contract dated The respective Applicants produce and March 6, 1954, between Slick-Moorman Oil This matter is one that should be dis­ propose to sell natural gas for transpor­ Company, et al., Sellers, and TGT, Buyer. posed of as promptly as possible under tation in interstate commerce for resale Applicant, Buyer and Slick Oil Corporation the applicable rules and regulations of as indicated below: (formerly Slick-Moorman Oil Company, are the Commission and to that end: all signatory seller parties to the subject Docket No., Field and Location, and ratification agreement. Take further notice that, pursuant to Purchaser the authority contained in and subject to 8 Application covers a basic gas sales con­ the jurisdiction conferred upon the Fed­ G-18766; Martha Field, Liberty County, tract dated May 1, 1959, and an amendatory Tex.; Transcontinental Gas Pipe Line Corp. agreement dated July 31, 1959, adding addi­ eral Power Commission by sections 7 and G-18767; Southwest Camp Creek Field, Bea­ tional acreage thereto. J. Wes Johnson, 15 of the Natural Gas Act, and the Com­ ver County, Okla.; Colorado Interstate Gas d/b/a/Tower Oil & Gas Company of Texas mission’s rules of practice and procedure, Co. is the sole signatory seller party to the sub­ a hearing will be held on December 23, G-18787; Skin Creek District, Lewis ject contract. 1959, at 9:30 a.m., e.s.t., in a Hearing County, W. Va.; Equitable Gas Co. 4 J. M. Huber Corporation, Operator, is fil­ Room of the Federal Power Commission, G-18826; Tomball Southeast Field, Harris ing for itself and, as Operator, lists in the 441 G Street NW., Washington, D.C., County, Tex.; Tennessee Gas Transmission application, together with the percentages concerning the matters involved in and Co. of working interest in the subject unit, the G-18852; Acreage in Upton and Reagan following nonoperators: Sunray Mid-Conti­ the issues presented by such application: Counties, Tex.; El Paso Natural Gas Co. nent Oil Company and Ashland Oil & Re­ Provided, however, That the Commis­ G-18855; Harper Ranch Field, Clark fining Company. Operator is the sole signa­ sion may, after a non-contested hearing, County, Kans.; Northern Natural Gas Co. tory seller party to the subject gas sales dispose o f the proceedings pursuant to G-18859; Guymon-Hugoton Field, Texas contract. the provisions of § 1.30(c) (1) or (2) of County, Okla,; Kansas-Nebraska Natural Gas B Hinton Production Company, Operator, the Commission’s rules of practice and Co., Inc. is filing for itself and on behalf of the fol­ procedure. Under the procedure herein G-18862; North Rincon Field, Starr County, lowing nonoperators: Charles A. Hinton, provided for, unless otherwise advised, Tex.; Coastal Transmission Corp. Elizabeth Chilcoat Lawson, Herbert C. Leiter, G-18883; Laverne Field, Harper County, W. M. Plaster, M. E. Pollard, Carl Reed and it will be unnecessary for Applicant to Okla.; Michigan Wisconsin Pipe Line Co. A. M. Rozeman. All are signatory seller par­ appear or be represented at the hearing. G—18885; Sunrise Field, Terrebonne Parish, ties to the subject gas sales contract. Protest or petitions to intervene may La.; United Gas Pipe Line Co. be filed with the Federal Power Com­ G-18943; Center District, Calhoun County, [F.R. Doc. 59-10065; Filed, Nov. 30, 1959; mission, Washington 25, D.C., in accord­ W. Va.; Hope Natural Gas Co. 8:45 a.m.] ance with the rules of practicfe and pro­ G-18958; Waskom Fieldv Harrison County, cedure (18 CFR 1.8 or 1.10) on or before Tex.; Arkansas Louisiana Gas Co. December 16,1959. Failure of any party These related matters should be heard HOUSING AND HOME to appear at and participate in the hear­ on a consolidated record and disposed of ing shall be construed as waiver of and as promptly as possible under the ap­ FINANCE AGENCY concurrence in omission herein of the plicable rules and regulations and to that intermediate decision procedure in cases end: Office of the Administrator where a request therefor is made. Take further notice that, pursuant to REGIONAL DIRECTOR, COMMUNITY J o s e ph H. G u t r id e , the authority contained in and subject to Secretary. the jurisdiction conferred upon the Fed­ FACILITIES ACTIVITIES REGION II eral Power Commission by sections 7 and (PHILADELPHIA) [F.R. Doc. 59-10064; Filed, Nov. 30, 1959; 15 of the Natural Gas Act, and the Com­ 8:45 a.m.] mission’s rules of practice and procedure, Redelegation of Authority W ith. Re­ a hearing will be held on January 12, 1960, at 9:30 a.m., e.s.t., in a Hearing spect to the Program of Loans for Room of the Federal Power Commission, Housing for Educational Institutions W. P. SWEARINGEN ET AL. 441 G Street NW., Washington, D.C., The Regional Director, Community Notice of Applications and Date of concerning the matters involved in and Facilities Activities, Region n (Phila­ Hearing the issues presented by such applica­ delphia) , in connection with the program tions: Provided, however, That the Com­ of loans for housing for educational in­ N o v e m b e r 23,1959. mission may, after a non-contested hear­ stitutions, is hereby authorized, within In the matters of W. P. Swearingen, ing, dispose of the proceedings pursuant such Region, under Title IV of the Hous­ Operator, et al.,1 Docket No. G-18766; to the provisions of § 1.30(c) (1) or (2) ing Act of 1950, as amended (64 Stat. 77, Anderson-Pritchard Oil Corporation, of the Commission’s rules of practice and as amended, 12 U.S.C. 1749-1749c) : Docket No. G-18767; St. Clair Oil Com­ procedure. Under the procedure herein 1. To execute agreements for loans for pany, Docket No. G-18787; Lloyd M. provided for, unless otherwise advised, it student and/or faculty housing and/or Feland, Operator,* Docket’No. G-18826; will be unnecessary for Applicants to ap­ dining facilities in amounts approved by Tower Oil & Gas Company of Texas,® pear or be represented at the hearing. the Regional Administrator, and, with Docket No. G-18852; J. M. Huber Cor­ Protests or petitions to intervene may respect to such agreements, execute poration, Operator,4 Docket No. G-18855; be filed with the Federal Power Commis­ amendments or modifications thereof as The Atlantic Refining Company, Docket sion, Washington 25, D.C., in accordance approved by the Regional Administra­ No. G-18859; V. F. Neuhaus, Docket No. with the rules of practice and procedure tor; and G—18862; F. A. Gillespie and Sons Com­ (18 CFR 1.8 or 1.10) on or before De­ 2. To execute agreements for loans in pany, G-18883; Trice Production Com­ cember 29,1959. Failure of any party to amounts approved by the Community pany, Docket No. G-18885; Bryner Gas appear at and participate in the hearing Facilities Commissioner and, with re­ Company, Docket No. G-18943; Hinton shall be construed as waiver of and con­ spect to such agreements, execute currence in omission herein of the inter­ Production Company, Operator, et al.,* amendments or modifications thereof as mediate decision procedure in cases approved by the Community Facilities Docket No. G-18958. where a request therefor is made. Take notice that each of the above Commissioner. Applicants has filed an application for J o s e p h H. G u t r id e , This redelegation of authority super­ a certificate of public convenience and Secretary. sedes the redelegation effective February 18, 1959 (24 F.R. 2417)., necessity, pursuant to section 7 of the 1W. P. Swearingen, Operator, is filing for Natural Gas Act, authorizing each to himself and on behalf of nonoperator, Joseph (Reorg. Plan No. 3 of 1947, 61 Stat. 954; 62 render service as hereinafter described, E. Guilbault. Both are signatory seller par­ Stat. 1283 (1948), as amended by 64 Stat. 80 ties to the subject gas sales Contract. (1950), 12 U.S.C. 1952 ed. 1701c; Delegation subject to the jurisdiction of the Com­ •Lloyd M. Feland, Operator, is filing for of Authority effective November 7, 1959, 24 mission, all as more fully represented in his interest in the subject acreage and, as F .R .9092) Tuesday, December 1, 1959 FEDERAL REGISTER 9593

Effective as of the 1st day of Decem­ Ala., Gulfport, Miss., and Pensacola, son may file a petition seeking recon­ ber 1959. Fla. sideration of the following numbered Grounds for relief: Port equalization. proceedings within 20 days from the date [ s e a l] C h ester H . K n o w l e s , Tariff: Supplement 19 to The Kansas Regional Administrator, of publication of this notice. Pursuant City Southern Railway Company tariff Region II, to section 17(8) of the Interstate Com­ I.C.C. 5364 and others listed in the merce Act, the filing of such a petition [F.R. Doc. 59-10082; Piled, Nov. 30, 1959; application. will postpone the effective date of the 8:47 a.m.] ~ FSA No. 35852: Substituted service— order in that proceeding pending its dis­ CRI&P for Lee Way Motor Freight, Inc. position. The matters relied upon by Filed by Middlewest Motor Freight petitioners must be specified in their Bureau, Agent (No. 202), for interested petitions with particularity. INTERSTATE COMMERCE carriers. Rates on property loaded in No. MC-FC 62533. By order of No­ highway trailers and transported on vember 23, 1959, the Transfer Board COMMISSION railroad flat cars between Chicago (Burr approved the transfer to Randall R. FOURTH SECTION APPLICATIONS Oak), 111., Kansas City, (Armourdale), Sain, doing business as C. B. Truck Line, FOR RELIEF Kans., and St. Louis, Mo., on the one El Paso, Texas; of Certificates in Nos. hand, and Dallas, Fort Worth, and MC 100542 Sub 1, MC 100542 Sub 2, and N ovem ber 25, 1959. Houston, Tex., and Oklahoma City, MC 100542 Sub 3, issued December 14, Protests to the granting of an appli­ Okla., as the case may be, on the other, 1951, June 2, 1954, and April 14, 1955, cation must be prepared in accordance on traffic originating at or destined to respectively to Alta Whitaker, doing with Rule 40 of the general rules of prac­ points in the territories described in the business as C. B. Truck Line, El Paso, tice (49 CFR 1.40) and filed within 15 application. Texas; authorizing the transportation days from the date of publication of this Grounds for relief: Motor-truck of: General commodities, with certain notice in the F ederal R eg ister . competition. exceptions including household goods Tariff: Supplement 117 to.Middlewest arid commodities in bulk, between speci­ L o n g - a n d -S h o r t H a u l Motor Freight Bureau tariff MF-I.C.C. fied points in Texas and New Mexico. FSA No. 35849: Barytes—East St. 223. Joe T. Lanham, 1009 Perry-Brooks Louis, III., to southwestern points. FSA No. 35853: Substituted service— Building, Austin, Tex.; for applicants. Filed by Southwestern Freight Bureau, CRI&P for Lee Way Motor Freight, Inc. No. MC-FC 62541. By order of No­ Agent (No. B-7690), for interested rail Filed by Middlewest Motor Freight vember 24, 1959, the Transfer Board carriers. Rates on barite (barytes), Bureau, Agent (No. 203), for interested approved the transfer to Trans Western ground or not ground, carloads irpm carriers. Rates on property loaded in Tankers, Inc., Farmington, N. Mex., of East St. Louis, 111., to destinations in highway trailers and transported on rail­ Certificate in No. MC 115665 Sub 1, Arkansas, Louisiana, Missouri, New road flat cars between St. Louis, Mo., bn issued May 16, 1957, to F. H. Tompkins, Mexico, Oklahoma, and Texas. the one hand, and Fort Worth, Tex., and Jr., doing business as Box Bar Transpor­ Grounds for relief; Short-line dis­ Oklahoma City, Okla., on the other, on tation Company, Aztec, N. Mex., author­ tance formula, and market competition traffic originating at or destined to izing the transportation of: Water and with other producing points, including points beyond referred to in the hydraulic fracturing fluids, in bulk, in St. Louis, Mo, application. tank vehicles, between specified points Tariff: Supplement 21 to Southwestern Grounds for relief: Motor-truck in New Mexico, Colorado, Arizona, and Freight Bureau tariff I.C.C. 4304. competition. Utah. James L. Brown, P.O. Box 1144, FSA No. 35850: Ground barite— Tariff: Supplement 117 to Middlewest Farmington, N. Mex., for applicants. Arkansas and Missouri points to Motor Freight Bureau tariff MF-I.C.C. No. MC-FC 62641. By order of No­ Louisiana. Filed by Southwestern 223. vember 24, 1959, the Transfer Board ap­ Freight Bureau, Agent (No. B-7691), for By the Commission. proved the transfer to Pilgrim Trucking interested rail carriers. Rates on Corp., Perth Amboy, N.J* a portion of ground barite (barytes), carloads from [ s e a l ] H aro ld D . M cC o y , Certificate in No. MC-80402, issued April Secretary. specified points in Arkansas and Mis­ 21, 1950, to Terminal Freight Transport, souri to specified points in Louisiana. [F.R. Doc. 59-10069; Filed, Nov. 30, 1959; Inc., East Rutherford, N.J., authorizing 8:4$ a.m.] Grounds for relief: Commercial and the transportation of: General com­ market competition. modities, excluding household goods, Tariff: Supplement 21 to Southwest­ commodities in bulk, and other specified ern Freight Bureau, Agent, tariff I.C.C. [Notice 228] commodities, over irregular routes be­ 4304. tween points and places in Essex, FSA No. 35851: Wheat and flour— MOTOR CARRIER TRANSFER Hudson, Bergen, Passaic, and Union Southwestern points to Texas and PROCEEDINGS Counties, N.J. William D. Traub, 10 East Louisiana Gulf ports, etc. Filed by N ovem ber 25,1959. 40th Street, New York 16, N.Y., Bert Col­ Southwestern Freight Bureau, Agent Synopses of orders entered pursuant lins and Morton E. Kiel, 140 Cedar (No. B-7680), for interested rail car­ to section 212(h) of the Interstate Com­ Street, New York 6, N.Y. riers. Rates on wheat, in carloads, and merce Act, and rules and regulations pre­ flour, manufactured directly from wheat, [ s e a l ] H arold D . M cC o y , scribed thereunder (49 CFR Part 179)', Secretary. in carloads from points in Kansas, Mis­ appear below: souri, Oklahoma, and Texas to Texas As provided in the Commission’s spe­ [F R . Doc. 59-10070; Filed, Nov. 30, 1959; and Louisiana Gulf Ports, also Mobile, cial rules of practice any interested per­ 8:46 a.m.]