EGISTER 1934 VOLUME 23 \ NUMBER 27 C ^NiTtO ^ Washington, Friday, February 7, 1958

DONE at the City of Washington this CONTENTS TITLE 3— THE PRESIDENT third day of February in the year of our. PROCLAMATION 3221 Lord nineteen hundred and THE PRESIDENT [ s e a l ] fifty-eight, and of the Inde­ L a w D a y , 1958 pendence of the United States Proclamation Pa&e Law Day, 1958------821 BY THE PRESIDENT OF THE UNITED STATES of America the one hundred and eighty- OF AMERICA second.. • EXECUTIVE AGENCIES D w ig h t D. E is e n h o w e r A PROCLAMATION By the President; ' Agricultural Marketing Service WHEREAS it is fitting that the people Proposed rule making; of this Nation should remember with J o h n F oster D u l l e s , Milk in New Yor^-New Jersey pride and vigilantly guard the great Secretary of State. milk marketing area------830 heritage of liberty, justice, and equality [F. R. Doc. 58-1014; Filed, Feb. 5, 1958; Rules and regulations: under law which our forefathers be­ 4:29 p. m.] Almonds grown in California; queathed to us; and order establishing revised sal­ WHEREAS it is our moral and civic able and surplus percentages- 823 obligation, as frèe men and as Americans, TITLE 5— ADMINISTRATIVE Dates, Zahidi, domestic, pro­ to preserve. and strengthen that great duced or packed in Los An­ heritage ; and PERSONNEL geles and Riverside Counties WHEREAS the principle of guaran­ Chapter I——Civil Service Commission of California; percentages for teed fundamental rights of individuals 1957-58 crop year------823 under the law is the heart and sinew of P art 6— E x c e p t io n s F r o m t h e Agricultural Research Service our Nation, and distinguishes our gov­ C o m p e t it iv e S ervice Proposed rule making: ernmental system from the type of gov­ DEPARTMENT OF STATE Anti-hog-cholera serum and ernment that rules by might alone; and hog-cholera virus------832 WHEREAS o u r Government has Effective upon publication in the F ed­ Rules and regulations: served as an inspiration and a beacon eral R eg ister , subparagraph (4 ) of para­ Brucellosis in domestic animals; light for oppressed peoples of the world graph q) are amended as set out below. Agriculture Department WHEREAS universal application of See Agricultural Marketing Serv­ § 6.302 Department of State. * * * the principle of the rule of law in the ice ; Agricultural Research Serv­ (q) Office of the Deputy Under Secre­ settlement of international disputes ice. tary for Administration. * * * would greatly enhance the cause of a just (3) One Assistant Chief, Special Liai­Civil Aeronautics Board and enduring peace; and Notices: WHEREAS a day of national dedica­ son Staff. * * * * * Hearings, etc.: tion to the principle' of government Brown, James H., and Robert under laws would afford us an opportu­ (5) Two Special Liaison Assistants, J. Sullivan______835 nity better to understand and appreciate Special Liaison Staff. Pan American World Airways, the manifold virtues of such a govern­ (R. S. 1753, sec. 2, 22 Stat. 403, as amended; Inc______835 ment and to focus the attention of the 5 U. S. C. 631,633) world upon them; Civil Service Commission U n it e d S tates C iv il S er v­ NOW, THEREFORE, I, DWIGHT D. Rules and regulations: ic e C o m m is s io n , Additional compensation in for­ EISENHOWER, President of. the United [ s e a l ] W m . C. H u l l , eign area s; miscellaneous States of America, do hereby designate Executive Assistant. amendments------1------822 Thursday, May 1, 1958, as Law Day. Exceptions fro m competitive I urge the people of the United States [F. R. Doc. 58-972; Filed, Feb. 6, 1958; 8:49 a. m.] service: „ to observe the designated day with ap­ Interior Department------822 propriate ceremonies and activities ; and Justice Department------821 I especially urge the legal profession, the State Department------821 press, and the radio, television, and P art 6— E x c e p t io n s F r o m t h e Federal Communications Com­ motion-picture industries to promote C o m p e t it iv e S e r v ic e mission and to participate in the observance of DEPARTMENT OF JUSTICE Notices : that day. Hearings, etc.: IN WITNESS WHEREOF, I have here- Effective upon publication in the F ed ­ Albany Broadcasting Corp. nf+uS6^ hand and caused the Seal er al R e g ister , paragraph (g) (8 ) is and W. Gordon Allen------836 q*5 e ^ tte d States of America to be added to § 6.308 as set out below. Baw Beese Broadcasters, Inc. • affixed. . (Continued on next page) (W BSE)...... — 836 821 822 RULES AND REGULATIONS

CONTENTS— Continued § 6.308 Department of Justice. * * * ( g ) Tax Division. * * * FEDERAL^REGISTER Health, Education, and Welfare Pa@e (8) Chief, Claims Section. Department (R. S. 1753, sec. 2, 22 Stat. 403, as amended* ‘ ) See Pood and Drug Administra­ 5 Ü. S. C. 631, 633) tion. Published daily, except Sundays, Mondays, U n it e d S tates C iv il S erv­ and days following official Federal holidays, Interior Department ic e C o m m is s io n , by the Federal Register Division, National [ s e a l ] W m . C. H u l l , Archives and Records Service, General Serv­ See Land Management Bureau; Executive Assistant. ices Administration, pursuant to the au­ National Park Service. thority contained in the Federal Register Act, [F. R. Doc. 58-970; Filed, Feb. 6, 1958; approved July 26, 1935 (49 Stat. 500, as Land Management Bureau 8:49-a. m.] amended; 44 U. S. C., ch. 8B), under regula­ Rules and regulations : tions prescribed by the Administrative Com­ South Dakota; public land mittee of the Federal Register, approved by ord er™ ______830 the President. Distribution is made only by P art 6— E x c e p t io n s F rom the the Superintendent of Documents, Govern­ National Park Service C o m p e t it iv e S ervice ment Printing Office, Washington 25, D. C. Rules and regulations: The Federal Register will be furnished by d e p a r t m e n t o r t h e inter io r mail to subscribers, free of postage, for $1.50 Petersburg National Park; speed per month or $15.00 per year, payable in amendment.______I______829 Effective upon publication in the F ed­ advance. The charge for individual copies eral R egister, paragraph (a) (18) is (minimum 15 cents) varies in proportion to Securities and Exchange Com­ added to § 6.310 as set out below.- the size of the issue. Remit check or money mission § 6.310 Department of the Interior— order, made payable to the Superintendent Notices : (a) Office of the Secretary. * * * of Documents, directly to the Government Hearings, etc.: Printing Office, Washington 25, D. C. Foote Mineral Co______835 (18) One Secretarial Attendant to the The regulatory material appearing herein Secretary. Is keyed to the Code of Federal Regulations, Rhine-Ruhr Water Service which is published, under 50 titles, pursuant Union------835 (R. S. 1753, sec. 2, 22 Stat. 403, as amended; to section 11 of the Federal Register Act, as 5 U. S. C. 631, 633) amended August 5, 1953. The Code of F ed­ Small Business Administration U n it e d S tates C tvil S erv­ eral R egulations is “sold by the Superin­ Notices : ic e C o m m is s io n , tendent of Documents. Prices of books and Georgia; declaration of disaster pocket supplements, vary. [ s e a l ] W m . C. H u l l , There are no restrictions on the re­ area------834 Executive Assistant. publication of material appearing in the [F. R. Doc. 58-971; Filed, Feb. 6, 1958; F ederal R egister, or the Code of Federal CODIFICATION GUIDE 8:49 a. m .] R egulations. A numerical list of the parts of the Code of Federal Regulations affected by documents published in this issue. Proposed rules, as CFR SUPPLEMENTS opposed to final actions, are identified as Chapter III— Foreign and Territorial (As of January T, 1958) such. Compensation Title 3 Page [Dept. Reg. 108.3561 The following Supplement is now available: Chapter I (Proclamations) ; P art 325— A dditional Compensation in 3221 ------821 F oreign A reas Title 18 ($0.50) Title 5 designation o r differential posts Chapter I: Order from Superintendent of Documents, Section 325.11 Designation of differ­ Government Printing Office, Washington Part 6 (3 documents) ______821. 822 ential posts, is amended as follows, effec­ 25, D. C. Chapter H I: tive on the dates indicated: Part 325------822 1. Effective as of the beginning of the Title 7 first pay period following January 11, CONTENTS— Continued Chapter IX : 1958, paragraph (a) is amended by the Part 909_™ ------823 deletion of the following: Federal Communications Com- Pase Part 927 (proposed)______830 Vieux Fort, St. Lucia, B. W. I. mission— Continued Part 1003—______823 2. Effective as of the beginning of the Notices-MUontinued Title 9 first pay period following February 8, Hearings, etc.— Continued 1958, paragraph (b) is amended by the Binder-Carter-Durham, Inc. Chapter I: deletion of the following: (WAMM), et al______836 Part 78______824 Bosque Radio______835 Part 131 (proposed)______832 Philippines, all posts except Angeles, Dixie Broadcasters and Radio Baguio City, Cavite (including Sangley Blakely______836 Title 21 Point), Manila and Subic Bay (including Imes, Bimey, Jr. (W M OX) Chapter I: Cubi Point). and Mississippi Broadcast­ Part 146— ------829 3. Effective as of the beginning of the ing Co------835 Title 36 first pay period following June 15, 1957, Peaden, James E______836 paragraph (a) is amended by the addi­ Triangle Publications, Inc. Chapter I: tion of the following: Part 20------829 (WNHC-TV)______836 Sabana de la Mar, Dominican Republic. Proposed rule making; Title 43 Aeronautical mobile services; 4. Effective as of the beginning of the extension of time to submit Chapter I: first pay period following February 8, comments______834 Appendix (Public land orders) : 1958, paragraph is amended by the 239 (revoked by PLO 1580)— 830 addition of the following: Food and Drug Administration 1580------830 Rules and regulations: Philippines, all posts except Angeles, General regulations for certifi­ Title 47 Baguio City, Cavite (including Sangiej cation of antibiotic and anti- Chapter I: P oin t), ManUa, San Miguel and Subic biotic-coniaining drugs; ani­ Parts 2-11 (proposed)______834 (including Cubi Point). mal feed containing antibiotic Part 16 (proposed)______834 5. Effective as of the beginning of the drugs------829 Part 19 (proposed)______._____ 834 first pay period following February » Friday, February 7, 1958 FEDERAL REGISTER 823

1958, paragraph (d) is amended by the desirable carryover requirements for the lished by an order published August 6, 1957 (22 F.R. 6271). addition of the following; crop year 1957-58. After consideration of all relevant in­ The revised estimates upon which the San Miguel, Philippines. formation and estimates available, it is cpmmittee based its recommendation (Sec. 102, Part X. E. O. 10,000, 3 CFR, 1948 hereby found that to establish the re­ may be compared with the committee’s Supp.) vised salable and surplus percentages set original marketing policy estimates for For the Secretary of State. forth below will tend to effectuate the the 1957-58 crop year, as follows: declared policy of the act. Estimates fob Zahidi Dates, 1957-58 L o y W. H e n d e r s o n , Therefore, it is ordered, That the ad­ Deputy Under Secretary ministrative rule, published in the F ed­ for Administration. r Original Revised eral R eg ister of August 24,1957 (22 F. R. Item [P. E. Doc. 58-951; Piled, Feb. 6, 1958; 6861), with respect to salable and surplus 1,000 pounds 8:46 a. m.] percentages for almonds received by handlers during the 1957-58 crop year, 1. Handler carryin subject to be revised to read as follows: regulation______285 277 TITLE 7— AGRICULTURE 2. Marketable production...... 1,337 1,417 § 909.207 Revised salable and surplus Chapter IX— Agricultural Marketing 3. Total subject to régula- percentages for almonds during the crop 1,622 1,694 Service (Marketing Agreements and year beginning July 1, 1957. The salable tion______and surplus percentages applicable to the 4. Trade demand ------1,100 1,319 Orders), Department of Agriculture 5. Plus desirable carryout...... 200 200 total kernel weight of almonds received 6. Less handler carryin not sub- Part 909—A lm o n d s G r o w n i n C a l if o r n ia by handlers for their own accounts dur­ ject to regulation______0 13 ORDER ESTABLISHING REVISED SALABLE AND ing the crop year beginning July 1, 1957, 7. Total free poundage re- SURPLUS PERCENTAGES shall be 75 percent and 25 percent, re­ quirements______1,300 1,506 spectively. Pursuant to the provisions of Market­ It is hereby found that good cause Percent ing Agreement No. 119, as amended, and exists for making this .order effective Order No. 9, as amended, regulating the upon publication in the F ederal R egister 8. Free percentage (item 7 item handling of almonds grown in California rather than 30 days or any lesser period 3 )...... -...... 80.1 88.9 (7 CFR Part 909), effective under the 9. Rounded free percentage------80 89 thereafter for the reasons that (1) har­ 10. Restricted percentage (100% Agricultural Marketing Agreement Act vest of the 1957-58 almond crop is nearly minus item 9)...... 20 11 of 1937, as amended (7 U. S. C. 601 et completed, (2) the effect of this action is 11. Withholding percentage (item 10-i-item 9)______25 12.4 seq.), notice of a proposal to change the to relieve restrictions upon handlers, and salable percentage from 70 percent to (3) compliance with the changed per­ Pounds 75 percent and the surplus percentage centages herein established will require from 30 percent to 25 percent, applicable no special preparation on the part of to almonds received by handlers during handlers. 12. Free poundage (item 9Xitem the crop year beginning July 1,1957, was 3)...... 1,207,6&) 1, 507,660 (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. 13. Restricted poundage (item 3 published in the F ederal R eg ister on minus item 12)______...... 324,400 186,340 January 8, 1958 (23 F. R. 144). Salable 608c) . and surplus percentages of 70 and 30, Dated: February 4,1958 to become ef­ The free percentage of 80 percent ini­ respectively, were established by an order fective upon publication in the F ederal tially established for the 1957-58 crop published August 24,1957 (22 F. R. 6861). R eg ister . year was based in part on the commit­ The said notice provided that written [.s e a l ] F l o y d F. H e d l u n d , tee’s pre-season estimate that the trade data, views, or arguments filed by Jan­ Acting Director, demand for packaged Zahidi dates dur­ uary 23, 1958, would be considered prior Fruit and Vegetable Division. ing this crop year would approximate to issuance of a final order establishing 1,100,000 pounds. However, at the end the revised percentages. [F. R. Doc. 58-973; Filed, Feb. 6, 1958; 8:50 a. m.] of the first five months of 1957-58, De­ Five communications were received cember 31, 1957, reported sales of such suggesting that a smaller surplus' per­ dates already totaled 1,119,000 pounds. centage would be desirable. However, Thereafter the committee adjusted its none of these contained specific data P art 1003—D o m e st ic D ates P roduced or estimate of 1957-58 trade demand up­ which, when considered with information P ack ed i n Los A n g e l e s a n d R ive r sid e ward to 1,319,000 pounds and recom­ and estimates presently available from C o u n t ie s , C a l if . mended the more liberal free percentage the Almond Control Board on handler of 89 percent so that the increased de­ carryover as of July 1, 1957, production, order establishing revised f r e e , r e­ mand could be met and producer returns demand, and desirable handler carryover str ic te d , AND WITHHOLDING PERCENT­ maximized. Sales of whole and pitted as of June 30, 1958, support the estab­ AGES FOR ZAHIDI DATES FOR 1957-58 CROP packaged Zahidi dates totaled 1,307,000 lishment at this time of salable and sur­ YEAR pounds in 1955—56 and 1,109,000 pounds plus percentages other than those Pursuant to the provisions of Market­ in 1956-57. It is concluded that a free proposed in the aforesaid notice. The ing Agreement No. 127 and Order No. percentage of 89 percent is necessary to communications contained views that 103 (7 CFR Part 1003), regulating the provide sufficient Zahidi dates to meet the 1957-58 crop production would be h a n dlin g of domestic dates produced or the increased 1957-58 trade demand and lower than the estimate of 36 million packed in Los Angeles and Riverside to provide a desirable carryout of 200,000 pounds kernel weight upon which the Counties of California, effective under pounds. proposed percentages were based. Sub­ the provisions of the Agricultural Mar­ After consideration of the basis of the sequent to the publication of the pro­ keting Agreement Act of 1937, as committee’s recommendation and sup­ posed rule, the Department has received porting data and other information, it sales and inventory data as of December amended (7 U. S. C. 601 et seq.), the D ate Administrative Committee has is hereby found that to establish the re­ 31,1957, whicH indicate that the 1957-58 unanimously recommended that, for vised percentages set forth below will crop production of almonds will approxi­ marketable dates of the Zahidi variety, tend to effectuate the declared policy of mate 36 million pounds, as previously the free percentage should be revised the act. estimated. Therefore, it is ordered, That § 1003.205 It is hereby found from the recom­ from 80 Tn 89 percent, the restricted per­ centage from 20 to 11 percent, and the (see 22 F. R. 6271), which fixes the con­ mendations and supporting information trol percentages for the Deglet Noor and supplied by the Control Board and from withholding percentage from 25 to 12.4 other information presently available percent for the 1957-58 crop year. Free, Zahidi varieties of dates for the 1957-58 that the quantity of salable almonds is restricted, and withholding percentages crop year, is hereby modified by chang­ not sufficient to satisfy trade demand and of 80,20, and 25, respectively, were estab­ ing the last sentence thereof, which fixes 824 RULES AND REGULATIONS such percentages for the Zahidi variety ties, municipalities, and other areas, are (w> Nebraska: Burt, Cedar, Chase, of dates, to read as follows: “The free hereby designated as modified certified Colfax, Cuming, Dixon, Dodge, Douglas! percentage, restricted percentage, and brucellosis-free areas: Fillmore, Gage, Hamilton, Harlan, Jef­ withholding percentage of marketable (a) The entire State of Connecticut; ferson, Johnson, Lancaster, Merrick, dates of the Zahidi variety shall be, for (b) The entire State of Delaware; Nance, Nemaha, Otoe, Pawnee, Polk, the crop year beginning August 1, 1957 (c) The entire State of Maine; Sarpy, Saunders, Seward Thayer, Stan­ and ending July 31, 1958, as follows: (d) The entire State of Minnesota; ton, Thurston, Washington, Wayne, Free percentage, 89 percent; restricted (e) The entire State of New Hamp­ Webster, and York Counties; percentage, 11 percent; and withholding shire; (x) Nevada: Clark, Douglas, Lincoln, percentage, 12.4 percent.” (f) The entire State of North Caro­ Mineral, Ormsby, and Storey Counties; It is hereby found and determined that lina ; * (y) New Jersey: Atlantic, Bergen, it is impracticable, unnecessary, and con­ (g) The entire State of Vermont; Camden, Cape May, Essex, Mercer, Mid­ trary to the public interest to give pre­ (h) The entire State of Washington; dlesex, Ocean, Passaic, Union, and War­ liminary notice or to engage in public (i) The entire State of Wisconsin; ren-Counties; rule making on this action, and that good (j) Arizona: Apache, Coconino, Gila, (z) New Mexico: Bernalillo, Catron, cause exists for making this order effec­ Graham, Greenlee, and Navajo Counties; De Baca, Grant, Guadalupe, Harding, tive upon publication in the F édérai. Apache Indian Reservation, Hopi Indian Hidalgo, Los Alamos, Lea, Lincoln, R egister rather than 30 days or any Reservation, and Navajo Indian Reser­ McKinley, Mora, San Juan, Sierra, So­ lesser period thereafter in that: (1) Over vation ; corro, and Torrance Counties; and Isleta, one-half of the 1957-58 crop year has (k) Arkansas: Baxter, Columbia, Ful­ Jicarilla, Mescalero, Navajo, Taos, and already elapsed; (2) the new free per­ ton, Hampstead, and Izard Counties; Zuni Indian Reservations; centage of 89 percent will increase the (l) Colorado: Southern Indian Ute (aa) New York: Essex, Hamilton, and quantity of Zahidi dates available for Reservation; Warren Counties; shipment in normal trade channels, and (m) Florida: Bay, Calhoun, Escambia, (bb) North Dakota: Adams, Barnes, handlers need the maximum period of Franklin, Gadsden, Gulf, Holmes, Jack- Benson, Bottineau, Bowman, Burke, time remaining in the 1957-58 crop year son, Liberty, Okaloosa, Santa Rbse, Cass, Cavalier, Divide, Grand Forks, to maximize their sales of such free Wakulla,.Walton, and Washington Coun­ Grant, Griggs, Hettinger, McLean, Mer­ dates; (3) the effect of this action is to ties; cer, Nelson, Oliver, Pembina, Pierce, relieve restrictions upon handlers; and (n) Georgia: Brantley, Bryan, Cand­ Ramsey, Renville, Rolette, Sheridan, (4) handlers are aware that the changes ler, Chattooga, Crawford, Dodge, Elbert, Sioux, Slope, Stark, Steele, Towner, in the percentages were unanimously Evans, Franklin, Glascock, Gordon, Hall, Traill, Walsh, Ward, Williams and Wells recommended by the committee, and Lumpkin, Oconee, Toombs, Towns, Counties; they need no additional advance notice Union, and Wilkinson Counties; (cc) Ohio: Carroll, Columbiana, and to comply therewith. (o) Idaho: Benewah, Bonner, Bound­ Paulding Counties; ary, Butte, Camas, Clearwater, Jerome, (dd) Oregon: Clatsop, Columbia, (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. Kootenai, Latah, Lemhi, Lewis, Mini­ Coos, Curry, Douglas, Josephine, Marion, 608c > doka, Nez Perce, and Shoshone Counties; Morrow, Multnomah, Sherman, Tilla­ Dated: February 4, 1958, to become (p) Indiana: Adams, Allen, Brown, mook, Umatilla, Washington, and Yam­ effective upon publication in the F ederal Clark, Crawford, Daviess, Decatur, Diear- hill Counties; R eg ister . born, Delaware, Dubois, Fulton, Floyd, (ee) Pennsylvania: Adams, Allegheny, Grant, Harrison, Huntington, Jay, Lake, Armstrong, Beaver, Bedford, Blair, [ s e a l ] F l o y d F. H e d l u n d , LePorte, Marshall, Martin, Orange, Bucks, Butler, Cambria, Cameron, Car­ Acting Director, Parke, Perry, Porter, Posey, Pulaski, St. bon, Centre, Chester, Clearfield, Clinton, Fruit and Vegetable Division. Joseph, Spencer, Starke, Vanderburgh, Columbia, Crawford, Dauphin, Dela­ [F. R. Doc. 58-974; Filed, Feb. 6, 1958; Vermilion, Wabash, Warrick, Wells, and ware, Elk, Erie, Fayette, Forest, Fulton, 8:50 a. m.] Whitley Counties; Greene, Huntingdon, Indiana, Jefferson, (q) Kentucky: Elliott, and Rowan Juniata, Lackawanna, Lawrence, Lehigh, Counties; Luzerne, Lycoming, McKean, Mercer, TITLE 9— ANIMALS AND (r) Maryland: Caroline, Dorchester, Mifflin, Monroe, Montgomery, Montour, ANIMAL PRODUCTS Montgomery, Somerset, Talbot, Wicom­ Northampton, Northumberland, Phila­ ico, and Worcester Counties; delphia, Pike, Potter, Schuylkill, Snyder, Chapter I— Agricultural Research (s) Massachusetts: Barnstable, Dukes, Somerset, Sullivan, Susquehanna, Tioga, Service, Department of Agriculture and Suffolk Counties; Union, Venango, Warren, Washington, (t) Michigan: Alcona, Alger, Arenac, Wayne, Westmoreland, and Wyoming Subchapter C— Interstate Transportation of Antrum, Baraga, Bay, Benzie, Berrien, Counties; Animals and Poultry Cass, Charlevoix, Cheboygan, Chippewa, (ff) Puerto Rico: Adjuntas, Aguada, Clare, Crawford, Delta, Dickinson, Em­ Aguadilla, Aguas Buenas, Aibonito, P ar t 78—B r u c e l l o s is i n D o m e st ic mett, Gladwin, Gogebic, Grand Traverse, Añasco, Arecibo, Arroyo, Barcelonesa, A n im a l s Houghton, Iron, Kalamazoo, Kalkaska, Barranquitas, Bayamon, Cabo Rojo, S ü b pa r t D — D e s ig n a t io n o p M o d if ie d Keweenaw, Lake, Leelanau, Luce, Macki­ Camuy, Canovanas, Carolina, Catano, C e r t ifie d B r u c e l l o s is -F ree A reas, nac, Manistee, Marquette, Mason, Me­ Cayey, Ceiba, Cíales, Cidra, Coamo, P u b l ic S t o c k y a r d s , a n d S laughtering nominee, Messaukee, Midland, Mont­ Comerio, Corozal, Culebra, Dorado, Fa­ E stablishments calm, Montgomery, Muskegon, Newaygo, jardo, Guanica, Guayama, Guayanilla, Oceana, Ogenaw, Ontonagon, Osceola, Guaynabo, Gurabo, Hatillo, Hormigueros, miscellaneous a m e n d m e n t s Oscoda, Otsego, Ottawa, Presque Isle, Humacao, Isabela, Jayuya, Juana Dias, Juncos, Lajas, Las Piedras, Lares, Las Pursuant to § 78.16 of the regulations Roscommon, Saginaw, Schoolcraft, Tus­ in Part 78, as amended, Title 9, Code of cola, Van Buren and Wexford Counties; Marias, Luquillo, Manatí, Maricao, Mau- Federal Regulations, containing restric­ (u) Mississippi: Itawamba County; nabo, Mayaguez, Moca, Morovis, Nagu- tions on the interstate movement of ani­ (v) Montana: Beaverhead, Blaine, abo, Naranjito, Orocovis, Patillas, Penu- mals because of brucellosis, under the Broadway, Carbon, Cascade, Chouteau, elas, Ponce, Quebradillas, Rincon, Rio Acts of May 29, 1884, as amended, Feb­ Daniels, Dawson, Deer Lodge, Flathead, Piedras, Rio Grande, Sabana Grande, ruary 2, 1903, as amended, and March Gallatin, Garfield, Golden Valley, Hill, Salinas, San German, San Juan, San Lorenzo, San Sebastian, Santa Isabel. 3, 1905, as amended (21 U. S. C. 111-113, Jefferson, Judith Basin, Lake, Lewis and Toa Alta, Toa Baja, Trujillo Alto, Utuado, 114a-l, 115, 117, 120, 125), said Part 78 Clark, Liberty, Lincoln, M cC one, Vega Alta, Vega Baja, Vieques, ViUalba, is hereby amended in the following Meagher, Mineral, Missoula, Musselshell, respects: Park, Phillips, Pondera, Powell, Prairie, Vabucoa, and Yauco Municipalities; (gg) South Carolina: Bamberg, Cher­ 1. Section 78.13 is amended to read: Richland, Roosevelt, Sanders, Sheridan, Silver Bow, Stillwater, Sweet Grass, okee, Chester, Chesterfield, H onx L®e* § 78.13 Modified certified brucellosis- Teton, Toole, Valley, and Wibaux Coun­ Lexington, Marlboro, Pickens, Saiu , free areas. . The following States, coun­ ties; Union, and York Counties; Friday, February 7, 1958 FEDERAL REGISTER 825

(hh) Tennessee: Anderson, Claiborne, ♦Grand Junction Livestock Auction, Grand •Schooler and Son, Frankfort. Junction. ♦St. Francis Livestock Commission Co., St. Hancock, Jackson, Johnson, McNairy, *H & G Livestock Commission Co., Montrose. Francis. Macon, Polk, Scott, Smith, Trousdale, ♦Haxtun Co-op Livestock Exchange, Haxtun* •Valley Falls Livestock Auction, Valley Falls. Unicoi, and Weakley Counties; ♦Hess Livestock Commission Co., Pueblo. ♦WaKeeney Livestock Comm. Co., WaKeeney. (ii) Utah: Davis, Emery, Garfield,* L a Junta Livestock Commission Co., La ♦Winfield Sales Co., Winfield. Grand, Kane, Morgan, Piute, Salt Lake, Junta. ♦Zim a Livestock Sales Co., Emmett. San Juan, Sanpete, Wasatch, Washing­ ♦Limon Livestock Commission Co., Lijnon. K entucky ton, Wayne, and Weber Counties; and ♦Stratton Sale Barn, Stratton. ♦Albany Stockyards, Albany. Navajo Indian Reservation; ♦Sunset Sales Yard, Greeley. ♦Valley Livestock Auction Co., Grand Adair County Stockyards, Columbia. (jj) Virginia: Mathews, Middlesex, Junction. Berry and Whitford Stockyard, Mayfield. Richmond, and Warwick Counties; ♦Winter Livestock Commission Co., La ♦Bowling Green Livestock Market, Inc., Bowl­ (kk) West Virginia: Boone, Brooke, Junta. ing Green. Cabell, Clay, Fayette, Grant, Greenbrier, ♦Wray Sales Barn, Wray. ♦Brown & Whayne Stockyards, Clinton. ♦Catlettsburg Live Stock Sales Co., Catletts- Hancock, Harrison, Lincoln, Logan, Mc­ F lorida Dowell, Marshall, Mingo, Ohio, Pleasants, burg. ♦Tindel-Williams Livestock Auction Market, •Christian County Livestock Market, Inc., Summers, Taylor, Upshur, Wayne, and Hopkinville. Wyoming Counties. Graceville. Georgia ♦Clay-Gentry, Lexington. 2. The Farmer’s Livestock Exchange, •Farmers Commission Co., Inc., Tompkins- ♦Chatham County Stockyards, Savannah. ville. Incorporated, Boonsboro, Maryland, is ♦Gordon Roberts Livestock Co., Inc., Baxley. deleted from the list of stockyards desig­ ♦Farmers Livestock Market, Inc., Somerset. ♦Hudson-Troup-Auctions, Fitzgerald. ♦Farmers Stockyards, Flemingsburg. nated under paragraph (a) of § 78.14 as ♦Jesup Stock Yard, Jesup. Farmers Livestock Market, Louisa. stockyards where Federal inspection is ♦Swainsboro Stockyards, Swainsboro. ♦Franklin Livestock Market, Inc., Franklin. maintained for the inspection of live­ ♦Sylvania Stockyards, Sylvania. ♦Garrard County Stockyards, Lancaster. stock for communicable diseases, and ♦Queen City Livestock Auction Co., Gaines­ ♦Glasgow Livestock Market, Glasgow. the Muncie National Stockyards, Muncie, ville. Graves County Stockyard, Mayfield. I daho Indiana, is added to such list. Green County Stockyards, Greensburg. 3. The following stockyards are added ♦Pocatello Livestock Auction, Inc., Pocatello. Horse Cave Stockyard, Horse Cave. ♦Rexburg Livestock Auction, Inc., Rexburg. ♦Hutcherson Livestock Market, Glasgow. to the list of stockyards designated under ♦Logan County Livestock Company, Inc., paragraph (b) of § 78.14 as stockyards I llinois Russellville. specifically approved for the purposes of Danville Livestock Commission Co., Dan­ ♦Madison Sales Company, Richmond. the regulations in Part 78. The stock- ville. Monticello Stockyards, Monticello. yards preceded by an asterisk are specif­ Rock Island Auction Sales, Rock Island. Paintsville Livestock Market, Paintsville. ically approved for the purposes of ♦Science Hill Stockyards, Science Hill. § 78.5 concerning brucellosis reactors and I owa ♦Thompkinsville Livestock Market, Tomp- of paragraphs (b) and (c) of § 78.12 con­ Adams County Auction Co., Corning. ktnsvllle. Washington County Stockyard, Springfield. cerning cattle not known to be affected Allerton Sale Co., Allerton. with brucellosis, and those not preceded Algona Sales Co., Algona. L ouisiana by an asterisk are specifically approved Centerville Sales Co., Centerville. Corning Auction Co., Inc., Corning. ♦Amite Livestock Auction, Inc., Amite. for the purposes of paragraphs (b) and Coggon Livestock Sales Co., Coggon. ♦Clark Commission Co., Benton. ♦Coltharp’s Commission Barn, DeRidder. (c) of § 78.12 only. Davis County Sales Co., Bloomfield. ♦Dominique’s Livestock Auction, Alexandria. Name of Stockyard and Location Donnellson Commission Exchange, Don* nellson. ♦Eunice Stockyard, Eunice. ♦Farmerville Livestock Auction, Farmerville. A labama Dyersville Sale Barn, Dyersville. ♦Hodges and Company, W. H., Alexandria. ♦Arab Stockyards, Arab. Elkader Sales Barn, Elkader. ♦Hodges and Company, W. H., New Roads. ♦Atmore Truckers Association, Inc., Atmore. Estherville Auction Co., Estherville. ♦Hodges and Company, W. H., Tallulah. ♦Geneva Stockyards, Geneva. Fairfield Livestock Commission Co., Fair- ♦Miller and Dominique Stockyard, Elton. ♦King and Mewbourn, Florence. field. ♦Tate Commission Barn, Joe, Ville Pliitte. ♦Limestone County Stock Yards, Athens. Fonda Sales Barn, Fonda. ♦Voiron’s Stockyards, Thibodaux. ♦Montgomery Auction Market, Montgomery. Halbert Cattle Co., J. C., Washington. ♦Welsh Stockyard, Welsh. ♦Ramsey & Sons Stockyards, Dothan. Hi Dollar Sale Co., Sigourney. ♦West Monroe Livestock Auction, Inc., West •Robertsdale Livestock Auction, Inc., R ob- Huineston Sale Barn, Humeston. Monroe. ertsdale. Iowa Falls Sales Pavilion, Iowa Falls. Maryland ♦Stokes Stockyard, M. V., Andalusia. Jefferson Livestock Market, Jefferson. Union Stock Yards, Eufaula. Kalona Sales Barn, Kalona. Aberdeen Sales Company, Aberdeen. Kimballton Auction Co., Kimballton. Caroline Sales Company, The, Denton. Arkansas Lawton Sale Barn, Lawton. Cumberland Stock Yard, Inc., Cumberland. ♦Benton County Sales Company, Rogers. - Leonard’s Auction Sale, Manchester. Eyler’s Live Stock Market, Thurmont. Decatur Sales Company, Decatur. LeMars Sales Company, LeMars. Four States’ Livestock Sales, Inc., Hagers­ ^Dequeen Livestock, Dequeen. Lizer’s Sale, Gowrie. town. ♦Eureka Sales Company, Eureka Springs. Mahaska Sales Company, Oskaloosa. Friend Stock Yard, Inc., Accident. •twmers Livestock Auction, Springdale. Oxford Sales Barn, Inc., Oxford. Grantsville Auction Market, Grantsville. Flippin Sale Company, Inc., Flippin. Peterson Cattle Co., Clinton. Rudnick Live Stock Sales, Harry, Galena. McGehee Auction, McGehee. Peterson Cattle Co., Des Moines. Western Maryland Stock Yards, Inc., West­ Polk County Auction, Mena. Peterson Cattle Co., Mt. Vernon. minster. Sutton Livestock Commission, Hope, Peterson Cattle Co., Schaller. Woodsboro Livestock Sale.Jnc., Walkersville. lellville Sales Company, Yellville. Peterson Cattle Co., Spencer. Michigan Peterson Cattle Co., Washington. California Sioux Center Sales Company, Sioux Center. ♦Coldwater Livestock Auction, Coldwater, ♦Bakersfield Livestock Auction Company, Wherheim Commission Firm, W. H., Web­ •Dundee Livestock Auction, Dundee. Bakersfield. ster City. ♦Napoleon Livestock Auction, Napoleon. •Roseville Livestock Auction Yard', Roseville. Westhope Auction Co., Harlan. Mississippi Wilson Bull Cattle Co., Clinton. Colorado ♦Amory Commission Company, Amory. K ansas Alsbury Sales Pavilion, Glenwood Springs. •Batesville Livestock Auction, Batesville. *R r,u SaS Valley S£>les Company, Lamar. ♦Atwood Sale Barn, Atwood. ♦Chickasaw Commission Company, Houston. Brush ^ vestoc^ Commission Company, ♦AT & SF Stockyard, Emporia. ♦Case Stock Yards, Bude. ♦Bronson Community Sale, Bronson. ♦Deercreek Stockyards, Inc., Hollandale. *Bl^ iiliFton Livestock Commission Company, ♦Ft. Scott Sale Company, Ft. Scott. ♦Hattiesburg Stockyard, Inc., Hattiesburg. , SbrUngton. ♦Hiawatha Livestock Auction, Hiawatha. ♦Jackson County Stockyards, Pascagoula. Yard> Delta. ♦Holton Livestock Exchange, Holton. ♦Jefferson County Stock Yards, Fayette. ‘Farm ^ Livestock Auction, Elizabeth. •Hoxie Livestock Sale, Hoxie. ♦Knight Brothers Livestock Sales, Louisville. ♦Farm!^8 livestock Commission Co., Wray. ♦Liberal Livestock Sales Company, Liberal, •Lum Commission Company, Vicksburg. Collin* ^ anc^ er Commission Co., Fort ♦Lincoln Bales Co., Lincoln. ♦Leake County Commission Sales Company, ♦Pratt Livestock Comm. Co., Pratt. Carthage. 826 RULES AND REGULATIONS

•Lexington Sales Company, Lexington. •Tecumseto Livestock Market, Tecumseh. Pennsylvania •Peelers Livestock Sales, Kosciusko. •Thedford Livestock Sales Company, Thed- •Richton Stock Yards, Richton. ford. GilbertsVille Sales Stables, Gilbertsville. •Shaw and Gray Comission Co., Oxford. •Third City Livestock Commission Company, Middleburg Auction Sales, Inc., Middleburg. •Spicer Lipscomb Commission Co., Senatobla. Grand Island. Nicholson Sales Company, Nicholson. •Waynesboro Livestock Yards, Waynesboro. •Tri-State Livestock Commission Company, South Carolina McCook. M issouri •Union Livestock Commission Company, •Bruce and Company, P. L., Greenville. Beebe Brothers Salesbarn, Warrensburg. Scottsbluff. •Edgefield County Stock Yards, Edgefield. Carthage Auction Company, Carthage. •Valentine Livestock Auction Company, Val­ •Florence Auction Market, Florence. Salem Auction Company, Salem. entine. •Florence Union Stock Yards, Florence. •Greenwood Stock Yard, Greenwood. N ebraska •Verdigre Livestock Auction Market, Inc., Verdigre. •Herndon Stock Yards, Ehrhardt. •Ainsworth Sale Yard, Ainsworth. •Wayne Sales Company, Wayne. •Lenox Stock Yards, Bennettsville. •Pageland Livestock Barn, Pageland. •Alliance Livestock Commission Co., Alliance. •W ebb Livestock Commission Co., Grand •Alma Sale Barn, Alam. Island. •Pickens Auction Market, Pickens. •Ashland Sale Barn, Ashland. •Wells Commission Company, Fremont. •Rock Hill Sales Barn, Rock Hill. •Saluda County Stockyard, Inc., Saluda. •Atkinson Livestock Market, Atkinson. •West Point Sales Company, West Point. •Smith Stock Yard Co. No. 2, Columbia. •Aurora Sale Pavilion, Aurora. •Western Livestock Auction Company, North •Bassett Livestock Sales Company, Bassett. Platte. •Springfield Stockyards, Springfield. •Taylor Stockyards, Jno. C., Anderson. •Beatrice Sales Pavilion, Beatrice. * Wisner Livestock Sales Company, Wisner. •Union County Stock Yard, Union. •Beaver Valley Sale Barn, Beaver City. •York Livestock Commission Company, York. •Benkelman Sales Company, Benkelman. •Walterboro Stockyards Company, Waiter- •Blue Hill Sales Company, Blue Hill. New Mexico boro. •Butte Livestock Market, Butte. . •York County Stockyards, Ihc., York. •New Mexico Livestock Exchange, Inc., Albu­ •Bloomfield Community Market, Bloomfield. querque. South Dakota •Chadron Sales Company, Chadron. •South Second Street Commission Company, •Chappell Livestock Commission Company, •Aberdeen livestock. Sales Company, Aber­ Albuquerque. Chappell. deen. •Christensen Livestock Commission Com­ New Jersey •Belle Fourche livestock Exchange, Belle pany, Fullerton. Fourche. •Columbus Sales Pavilion, Cblumbus. •Community Livestock Auction Market, •Bowdle Livestock Commission Company, Wood st own. •Colorado-Montana Cattle Co., Lincoln. Bowdle. * Community Sales, Central City. New Y ork •Britton Sales Pavilion, Ihc., Britton. •Crawford Sales Company, Inc., Crawford. * Canton Livestock Sales Company, Canton. Chambers & Sons, Inc., D. R. Unadilla. •Cresbard Sales Company, Cresbard. •Creighton Livestock Market, Creighton. Empire Livestock Marketing Cooperative, •Deshler Livestock Commission Company, •Eureka Livestock Sales Company, Inc., Ihc., Dryden. Eureka. Deshler. Empire Livestock Marketing Cooperative, •Dooley Auction Market, Wahoo. •Herreid Livestock Commission Company, Inc., Watertown. Herreid. •Dovel Sale Barn, Auburn. Pavilion Livestock Market, Pavilion. •Elkhorn Valley Cattle Co., Norfolk. •Hub'City livestock Sales Pavilion, Aberdeen. •Ewing Livestock, Ewing. N orth Dakota •Lemmon Livestock Sates Company, Lem- •Fair bur y Livestock Company, Fairbury. inon. •Falls City Auction Company, Falls City. •Armour and Company Yards, West Fargo. •Leola Livestock Sales Company, Leola. •Farmers Livestock Sales Company, Benkel­ •Harikinson Sales Barn, Hankinson. •McLaughlin Commission Company, Mc­ man. •West Fargo Union Stock Yards, West Fargo. Laughlin. •Mobridge Commission Company, Mobridge. •Friend Sale Bam, Friend. Oh io •Gordon Sales Company, Gordon. •Sisseton livestock Sales Company, Sisseton. •Hebron Livestock Commission Company, •Athens Livestock Sales Company, Athens. •Stockmans Commission Company, Inc., Hebron. •Canfield Livestock Auction, Canfield. Rapid City. •Holdrege Livestock Commission Co., Hol- •Carrollton Livestock Auction, Carrollton. •Sturgis livestock Exchange, Inc., Sturgis. drege. •Creston Livestock Sales, Creston. •Timber Lake Livestock Sales Company, Tim­ •Imperial Sales Co., Imperial. •Damascus Livestock Auction, Damascus. ber Lake. •Kearney Livestock Commission Co., Kearney. •Dorset Livestock Auction,Dorset. •Tri-County Commission Company, Inc- •Kimball Livestock Auction, Kimball. •Farmers Livestock Association, Wooster. Faith. •Lexington Livestock Comm. Co., Lexington. •Geauga Livestock Commission, Middlefleld. T ennessee •Lincoln Livestock Comm. Co., Uncoin. •Kidron Auction Company, Kidron. •Athens livestock Company, Athens. •McCook Livestock Exchange Co., McCook. •Lugbill Brothers, Inc., Archbold. •Beasley Community Auction, Franklin. •McKee Sales Company, Superior. •Ohio Valley Livestock Company, Gallipolis. •Botts-Evans Livestock Company, Union Newman Grove Sales Company, Newman •Marietta Livestock Market, Inc., Marietta. City. Grove. •Producers Livestock Association, Bucyrus. •Bryan Brothers livestock Market, Decherd. •Nebraska City Sales Barn, Nebraska City. •Producers Livestock Association, Washing­ •Chattanooga Union Stockyârds, Chatta­ •Nebraska Livestock Comm. Co., Hastings. ton, C.H . nooga. •Norfolk Livestock Sales Company, Norfolk. •Peoples Livestock Exchange, Greenville. •Clinton Livestock Market, Clinton. •North Bend Auction Company, North Bend. •Producers Livestock Association,-Coshocton. •Clarksville Livestock Auction Company, •O & O Commission Company, Kearney. •Producers Livestock Association, Hillsboro. Clarksville. •O ’Neill Livestock Market, O’Neill. •Producers Livestock Association, Columbus. * Coffee County Livestock Market, Manchester, •Ogallala Livestock Commission Company, •Producers Livestock Association, Wapa- •Cookeville Livestock Company, Cookeville. Ogallala. koneta. •Covington Sales Barn, Covington. •Ord Livestock Market, Ord. •Producers Livestock Association, Wilming­ •Cross Roads Sales Bam , Middleton. •Oshkosh Livestock Commission Company, ton. •Cumberland City Auction Company, Cum­ Oshkosh. • •Producers Livestock Association, Mt. Vernon. berland City. •Oxford Livestock Comm. Co., Oxford. •Producers Livestock Association, Chilli-' •Davis Livestock Auction, M. H., Hartsville. •Pawnee Livestock Company, Pawnee City. cothe. •Dayton Livestock Company, Dayton. •Pender Livestock Company, Pender. •Producers Livestock Association, Lancaster. •DeKalb County Commission Company, •Producers Livestock Association, Marion. •Plattsmouth Sale Bam, Plattsmouthl Alexandria. •Washington C. H. Union Stockyards, Wash­ •Farmers Auction Co., Fayetteville. •Red Cloud Sales Company, Red Cloud. ington, O. H. •Republican Valley Livestock Auction, •Farmers Livestock Market, Greeneville. Franklin. - Oklahoma •Farmers Commission Company, Carthage. •Scottsbluff Livestock Commission Company, •Farmers Stockyard, Newport. •Akard Commission Company, Roy, Tda/hqi. •Farmers Livestock Commission Company, Scottsbluff. •Beaver Livestock Sale, Beaver. •Seward Sales Barn, Seward. Camden. •Durant Livestock Commission Co., Durant. ^Fayetteville Stockyards, Fayetteville. •Sheridan Livestock Commission Company, •Farmers Livestock Cdmm. Co., Enid. Rush ville. •Gallatin livestock Market, Gallatin. •Hominy Sale Company, Hominy. •Greeneville Livestock Company, Greenevil e. •Spalding Livestock Market, Spalding. •Maxson Sales Company, Inc., Welch. •Henderson Sale Company, Henderson. •Stickelman Livestock Commission Company, •Osage County Sales Ring, Fairfax. •Johnson City Livestock Market. Johnson Gothenburg. •Selling Sales Assn., Inc., Selling. ty. •Superior Sales Company, Ihc., Superior. son Packing Company, Jackson. •Sutton Sales Pavilion, Sutton. Oregon ______m - a - f'înTïlD&ïiy» •Syracuse Sales Pavilion Company, Syracuse. Ab’s Slaughterhouse, Sherwood. Friday, February 7, 1958 FEDERAL REGISTER 827

♦Kingsport Livestock Market, Kingsport. poses of the regulations in Part 78. The West Frankfort Packing Company, West ♦Kirk Auction Company, Cleveland. establishments preceded by an asterisk Frankfort. •Logan & Hicks, Union City. are specifically approved for the pur­ I ndiana •Lexington Livestock Sales Company, Lex* poses of § 78.5 concerning brucellosis ington. Frozen Food Service, Inc., Salem. •Madisonville Livestock Auction Company, reactors and of paragraphs (b) and (c) Knight’s Frozen Food Locker, Edinburg. Madisonville. of § 78.12 concerning cattle not known Rahe & Sons, W illiam J., Muncie. •Mid-South Livestock Commission Company, to be affected with brucellosis, and those Stahley’s Slaughterhouse, Milan. Columbia. not preceded by an asterisk are specifi­ Young Packing Company, Noblesville. •Macon County Livestock Market, Lafayette. cally approved for the purposes of para­ I owa •Murfreesboro Livestock Market, Murfrees­ graphs (b) and (c) of § 78.12 only. Hawkeye Pack, Sioux City. boro. •Newbern Sales Company, Newbern. Name of Slaughtering Establishment and Hilleman Packing Plant, Marshalltown. •Nichols Bros. Livestock Market, Thompson Location Nissen & Son Packing Company, Inc., G. B., Webster City. Station. Alabama ♦Newport Livestock Auction Company, New­ Younie Processing Plant, Hawarden, Bartel’s Frozen Food, Atmore. port. K ansas •New Tazewell Stockyards, New Tazewell. •Beesley Packing Company, Andalusia. ♦Paris Livestock Commission Co., Paris. •Brewton Abattoir, Brewton. Ayres Packing Plant, Greenleaf. •Peoples Livestock Company, Cookeville. Brock-Mosely Packing Company, Loxley. Beattie Lockers, Beattie. •Richardson Livestock Co., E. L., Dyer. Greensboro Packing Company, Greensboro. Beverly Meat and Locker, Inc., Salina. ♦Rogersville Livestock Market, Rogersville. •Zeigler, Inc., R. L., Selma. Brooks Locker Service, Blue Rapids. •Southwestern Sales Company, Huntington. •Zeigler, Inc., R. L., Tuscaloosa. Cramer Food Bank, Washington. Columbus Wholesale & Retail Meats, Co­ •Scotts Hill Auction Company, Scotts Hill. Arizona ♦Smith County Commission Co., Carthage. lumbus. * Smith ville Stockyards, Smithville. Beverly Meat Company, Tucson. Comanche Meat Company, Wichita. Community Locker Service, Medicine Lodge. ♦Shelbyville Livestock Market, Shelbyville. Arkansas •Thompson Livestock Company, Obion. Emporia Packing Company, Emporia. ♦Thompson & Oliver Livestock Dealers, Union Charleston Frozen Foods and Locker Plant, Gettle and Sons Lockers, Emporia. Gardner Packing Company, Hutchinson. City. Charleston. ♦Trenton. Livestock Sales Company, Trenton. Dunn Slaughter House, John, Dequeen. Haddam Locker, Haddam. ♦Tri-County Stockyards, McKenzie. Huber Slaughter Plant, Subiaco. Herndon and Sons, Syracuse. •Trousdale Cpunty Livestock Market, Harts- Kranc Meat Market, Ozark. Independent Slaughter Establishment, Sa­ ville. Malone Packing Company, Texarkana. una. •Union Livestock Yards, Inc., Knoxville. Phillips Packing Company, Magnolia. Kane’s Packing Plant, Meade. •Warren County Livestock, McMinnville. Polk County Locker Plant, Mena. Katches Packing Company, Wichita. ♦Wilson County Livestock Market, Lebanon. Robertson Packing Company, Booneville. Kiowa Locker System, Kiowa. •Wilson’s Livestock Market, Lewisburg. Russellville Packing Company, Russellville. •M and M Packing Company, Iola. Scheile Slaughter House, Paris. McFarron Brothers Wholesale Meats, Law- T exas Wards Packing Company, Texarkana. ton. Pratt Frozen Food Locker, Pratt. •Mid West Peed Yards, San Angelo. Colorado Schnelle’s Wholesale Meats, Greensburg. ♦Morris Comm. Co., J. C. (po boy), Douglass- Swim Lockers Service, Marysville. ville. * A & C Packing Company, La Salle. Synovec Grocery and Locker, Morrowville. •Paris Livestock Commission Company #1, * Altburger, Louis, Denver. Paris. . •Arvada Packing Company, Arvada. Tonganoxie Frozen Foods Locker, Tonga- noxie. •Paris Livestock Commission Company #2, •Colorado Packing Company, Inc., La Junta. Paris. •Loveland Packing Company, Inc., Loveland. Vlach and Sons (Joseph), Hanover. Welch’s Frozen Food Center, Frankfort. •Quanah Livestock Comm. Company, Mountain Packing Company, Dolores. Wilkerson Meat Company, Pittsburg. Quanah. Ovid Locker Plant, Ovid. •San Angelo Livestock Auction Company & Connecticut K entucky West Texas, San Angelo. •Ashland Meat Company, Ashland. •Vernon Stockyard Company, Vernon. Andrychowski, Emil and John, Willimantic. Block, Benjamin, Shelton. Boones’ Abattoir, Bardstown. Utah •Bridgeport Municipal Abattoir, Bridgeport. Campbell Company, S. M., Gray. Rice Packing Company, C., Covington. •Delta Livestock Auction Company, Delta. •Zeffiro, Frank, New Hartford. Riddell Meat Market, Warsaw. •Richfield Auction Market, Richfield. F lorida Waldrup Packing Company, Blackey. Virginia Brock and Burdeshaw Packing Company, L ouisiana •Abingdon Livestock Market, Abingdon. Pensacola. Bossier Frozen Foods, Bossier City. •Danville Livestock Auction Market, Dan­ •Jones Chambliss Company, Jacksonville. ville. Suwannee Packing Company, Live Oak. Green Slaughterhouse, Edward, Bastrop. Quin Packing Company, T. R„ Oxyka. •Front Royal Livestock Market, Front Royal. Georgia Highland County Livestock Market, Inc., Maryland Monterey. * Levinson Brothers, Inc., Rome. •Loudoun County Livestock Market, Lees­ Powell Meat Company, Bainbridge. Burger, Samuel B., Williamsport. burg. Rome Provisions Company, Inc., Rome. Fraley, J. Austin, Thurmont. ^Orange Livestock Market, Orange. Wofford Abattoir, Gainesville. Gladhill Meat Market, Damascus. W olfe’s Slaughter House, Cumberland. Pfcenix Livestock Market, Phenix. I daho ^f^thside Stockyards, Petersburg. Massachusetts South Hill Stockyards, South Hill. •Douglas Miller Packing Plant, Rupert. •Grimes Packing Company, Nampa. Blood & Son, E. L., West Groton. Washington Ideal Slaughtering Establishment, Eagle. Independent Packing Company, Brockton.' •Toppenish Sales Yard, Toppenish. •Kooken Slaughter Plant, Pocatello. Johnson, Lewis, Templeton. •Liberty Meat Packers, Eagle. Miller & Son, Ira G., Milford. West Virginia •Moscow Meat Company, Moscow. Wilbur, Joseph H., S. Easton. Greenbrier Valley Stock Yards, Inc., Ronce- •Peoples Market Plant, Pocatello. verte. •Taylor Meat Company, Idaho Falls. Michigan *MoundSville Livestock Auction Co., Mounds- •Tiffany Meat Packers, Nampa. •Allendale Beef Company, Allendale. ville. •Zweigart Packing Corp., Pocatello. •Arensen Packing Company, Grand Rapids. Besbris and Sons, Inc., Max, Kalamazoo. W yoming I llinois •Bettinger & Barnett Beef Company, Detroit. •Loi^T? Llvestock Exchange, Gillette. Burnside and Sons, L., Marengo. •Cohen & Levenberg, Detroit. ♦Wnri U r stock Commission Company, Lusk. Ducey & Son, Mike, Pittsfield. •Costello Packing Company, Detroit. Worl^i(i^VeS^OCk Commission Company, Foremost Packing Company, East Moline. Cox Slaughterhouse, Hudson. Houchlei Meat Market, Sorento. Fillmore Beef Company, Holland. lich'J01? following slaughtering estab- Lord, C. R. Olney. •Gemmen & Sons, Albert, Allendale. Madison Packing Company, Madison. •Huler Beef Company, Detroit. l S 6niS are added t0 the list of estab- Mounds Locker Service, Mounds. Johnson, Carl R., Kalamazoo. desi&nated under paragraph Noble Locker, Noble. •Loewenstein & Son, S., Detroit. j,. as slaughtering establish- Prairie Packing Company, Carlinville. Marshall Packing Company, Bruce T., Bay s specifically approved for the pur- Virginia Packing Company, Virginia. City. 828 RULES AND REGULATIONS

♦Merritt Packing Company, Carrollton. Stewart’s Abattoir, Mount Airy. Landis, T. M., Mainland. ♦Midway Packing Company, Wayland. Yadkin Valley Packers, Inc., Elkin. Lawrence & Son, H. M., Albion. ♦Monarch Packing Company, Detroit. North Dakota Lepiki & Sons, Inc., M., Jeannette. ♦Nathan Bubin, Inc., Detroit. Levchik, Mike, Hooversville. ♦Morris Snow & Company, Detroit. Williston Meat Company, Wflliston. Livezey, Merill, Sugar Grove. Simpson’s Country Market, Galien. Little & Son, L. D., Hanover. ♦Smallegan, Arthur, Forest Grove. Ohio Loutsion Packing Company, Canonsburg. Smith Packing Plant, H. A., Port Huron. Busse & Sons, L. W., Ft. Loramie. Lower’s Store, Biglerville. ♦Standard Beef Inc. (east), Detroit. ♦Copley Packing Company,Copley. • Lukon Meats, Burgettstown. ♦Standard Beef Inc. (west), Detroit. ♦Davies, Inc., David, Columbus. Madrigale, Frank, Bristol. ♦Tamaren Beef Company, Isaac, Detroit. Fidel Bros. Pkg. Co., Unionville. Martin, Charles G. & Leon G., East Earl. ♦Tannehill & DeYoung, Inc., Traverse City. Findlay Provision Company, Findlay. Moyer & Sons, A. F., Souderton. ♦Vander Boon Brothers, Ada. Hall Bros., Inc., Olmsted Falls. Myers Brothers, Spring Mills. ♦Victory Beef Company, Detroit. Hasselback & Son, E. E-, Fremont. Myers Meat Market, Codorus. ♦Vogt Packing Company, Flint. ♦Henry Packing Company, Lime City. Nace, Melvin M., Hanover. ♦W all Packing Company, Sturgis. Routh Packing Company, Tiffin. Naser’s Home Dressed Meats, Greensburg. ♦Wayne Packing Company, Detroit. Sear’s Meat Market, Greenville. New Holland Meat Market, New Holland. ♦Zandbergen Slaughterhouse, Grandville. Seman Sons, A. GH Versailles. Newman, Raymond H., Hanover. M ississippi Springfield Meat Company, Springfield. Newman’s Market, Fairfield. Sturgis Packing Company, Kenton. North Side Packing Company, Pittsburgh. •Hickman, H. J., Gulfport. Suter’s Meat Market, Greenville. Northrup, Gerry C., North East. Walter & Sons, Wapakoneta. Missouri Patterson’s Meat Market, Httlestown. •Weber Packing Company, Marietta. Pezzner Brothers, Ashley. Baum Packing Company, Dan, St. Louis. Winner Sons, Robert F., Osgood. Pleasant Unity Packing Company, Pleasant Crandal’s Frozen Food Lockers, Warrens- Unity. Oklahoma burg. Prim Packing Company, McDonald. Lebanon Packing Company, Lebanon. ♦Brooks Packing Company, Tulsa. Reed, Jay, Latrobe. Modlin, Jack, Webb City. Butcher Slaughtering Establishment, Bart­ Reitz & Son, Maynard M., Winfield. Roseville Packing Company, Springfield. lesville. Rendulic, Frank D., McKeesport. Walter Wick’s Slaughter House, Pierce City. ♦Central Packing Company, Muskogee. Robie Meat Packers, Inc., Erie. Durwood Box Slaughtering Establishment, Montana Sabatasse Packing Company, Slovan. Valliant. Schantz, Cliffort G., East Greenville. Rahr, John, Glendive. Fraser Wholesale Meat Company, Ardmore. Shaffer Slaughter Shop, Guf, Hooversville. Valley Meat Company, Sidney. Groceteria Slaughtering Establishment, Shively Brothers, Miffiinburg. Texhoma. Nebraska Smith’s Quality Super Market, Glen Rock. Jackson Slaughtering Establishment, Earl, Stambaugh’s Food Market, Spring Grove. Bridgmon Wholesale, Tueumseh. Pawhuska. Sterner’s Grocery, Inc., Hanover. Consumers Packing Cdmpany, Superior. ♦Lawton Meat Supply, Lawton. Thoma’s Slaughter House, Saxonburg. Custom Pack, Hastings. * Miller Slaughtering Establishment, Elmer, Troutman, N. S. & C. H., Freeburg. Dundy County Processors, Benkelman. Covington. Utz, Raymond R., Hanover. F & S Sausage Company, Cozad. ♦Santa Fe Packing Company, Muskogee. Venuto, Joseph, Philadelphia. Farmers Union Co-op Gas & Oil Company, ♦Southeastern Slaughtering Establishment Waynesburg Packing Company, Waynesburg. Big Springs. No, 91, Durant. Weiss Packing Company, Inc., Donora. Flicker Packing Company, Scottsbluff. Tri-State Super Market, Guymon. Wildasin’s Meat Market, Hanover. Ford Packing Company, Grand Island. Ward Slaughter Establishment, John, Wood­ Yoder, Kermit C., Hollsopple. H & B Packing Company, Scottsbluff. ward. Yost, C. B., Logansville. Kauf Packing Company, Hastings. Woodward Packing Company, Woodward. Nebraska Ice and Locker Service, Falls City. South Dakota North Platte Packing, Inc., North Platte. P ennsylvania Flanery Sausage Company, Milbank. Bed Cloud Packing Company, Red Cloud. Anderson, Roy, East Berlin. Trumbull Packing Company, Sioux Falls. Roode Packing Company, Inc., Fairbury. Arena Dressed Beef Company, Norristown. T ennessee Roman Packing Company, Norfolk. Baker’s Meat Market, Biglerville. Snyder Packing Company, Red Cloud. Berwick Packing Company, Berwick. ♦Baker’s Processing Company, McKenzie. Sterling Packing Company, Sidney. Bilski, Joseph, Waterford. Carthage Grocery & Locker, Carthage. Superior Locker, Superior. Bongiorni Brothers, Slovan. ♦Fletcher Brothers, Lenoir City. Bovalina Packing Company, Inc., Slovan. Glasgow Meat Company, Martin. Nevada Brillhart’s Meat Market, Hanover. ♦Hackett’s Meat Company, Carthage. 'Peoples Packing Company, Yerington. Bristol Beef Company, Bristol. Hartsville Locker (McDonald Meats), Harts- Cappuccio & Carbonaro, Philadelphia. ville. New Jersey Carpenter Packing Company, Rex, Town- H ill’s Wholesale Meats, Dayton. Delaware Packing Company, Trenton. ville. Hyde, Ed., Gallatin. Dielmann, Fritz, Oak Ridge. DeFranco, Nick, Bangor. Jackson Packing Company, Jackson. Fisher Brothers, Bridgeton. Delfrate Packing Company, Slovan. ♦Loomis Frozen Food Co., Inc., Sweetwater. Hartman, J. H. & H. E., Trenton. Denholm Packing Company, Pittsburgh. Napier, W. B., Celina. Irell Packing Company, Monroeville. Detwiler’s Abattoir, Pottstown. ♦Norman’s Packing Company, Covington. Schein, Inc., Hopelawn. Devault Packing Company, Devault. ♦Purity Packing Company, Powell. Singer, Philip L., Sussex. East Carson Packing Company, Hays. Randolph Produce Company, Crossville. Trenton Packing Company, Trenton. Engle and Schantz, East Greenville. Smith’s Market, Gallatin. Young, A. A., Phillipsburg. Esposito, Attilio, Philadelphia. Thompson & Groce Provision Company, Fisher, W. J., Winfield. Fayetteville. New Mexico Frigid-Freeze Locke’s, RiegelsviUe. T exas Addington Locker Plant, Clayton. Gashel, Lee, Claysville. A. B. C. Packing Company, Wichita Falls. Ben’s Slaughterhouse, Las Vegas. Gehman, Warren B., Norwood. ♦Allen’s Wholesale Meats, McKinney. Dick’s Slaughtering House, Clovis. Gentzler, Wilfert N„ Dover. Apache Packing Company, San Antonio. Frontier Packing Company, Albuquerque. Giorgio, J., Philadelphia. Azle Food Locker Corp., Azle. Houk’s Custom Slaughter Service, Clovis. Giunta & Sons, Joseph L., Philadelphia. Big 4 Packing Company, Perryton. Karler Packing Company, Albuquerque. Godshall, Marvin K., Telford. Brown’s Slaughter House,. Annona. Palmer Packing Company, Albuquerque. Goldberg Provision Company, Greensburg. Central Packing Company, Wichita Falls. Rayjax Packing Company, Fort Sumner. ¡Good, Inc., Carl, Denver. ♦Crow Packing Company, Pecos. Tularosa Packing Company, Tularosa. Good’s Market, Quincy. ♦Ehresman Brothers Packing Company, Zero Locker Plant, Portales. Gorski, Frank, Hatfield. Plainview. Gourley, James P., New Bethlehem. N ew Y ork Locker, Floyd, Spearman. Green Valley Packing Company, Claysville. *H & R Meat Company, Vernon. Legters Brothers, Clymer. Gress Brothers, Center Valley. Haley’s Food Locker, Crowley. Malecki, Inc., Joseph, Buffalo. Hanover Provision Company, Hanover. Hereford Locker, Hereford. N orth Carolina Hostoffer & Sons, E. B., Mt. Pleasant. Lamesa Meat Company, Lamesa. Hynes Abattoir, O. J., Cedars. ♦Newsom Packing Company, Mt. Vernon. Bryan Packing Corporation, Asheville. Joseph Packing Company, Connellsville. P & H Packing Company, Dallas. Edwards Abattoir, Leaksville. Kesselring, J. R„ Greencastle. Perryton Packing Company, Perryton.__ Land’s Slaughterhouse, Spray. Kolb, Samuel, Spring City. Pickering Abattoir (P & S Meats), Texar- Martin’s Abattoir, Godwin. Landis, Edgar M., Franconia. * kana. Friday, February 7, 1958 FEDERAL REGISTER 829

Pitner & Hensley, Denton. adds the Muncie National Stockyards to 2. Section 146.26 (b) (25) is further ♦Pratt Packing Company, Inc., Sulphur this list. Paragraph (b) of § 78.14 and amended by adding thereto the following Springs. A . , paragraph (b) of § 78.15 are amended to new subdivision: Quality Packing Company, San Antonio. specifically approve certain additional (v) As an aid in the prevention of Richards Slaughter House, Bovina. stockyards and slaughtering establish­ ♦Roberts Wholesale Beef, Van Horn. liver abscesses in feed-lot beef cattle: 70 ♦Southern Packing Company, Denison. ments for the purposes of the regulations milligrams per head per day; Stratford Frozen Food Lockers, Stratford. in Part 78 of Title 9, CÎode of Federal Regulations. It has been determined Notice and public procedure are not ♦West Texas Packing Company, San Angelo. necessary prerequisites to the promulga­ •Wilburn and Miller Wholesale Meats, Deni­ that the inspection and handling of live­ tion of this order, and I so find, since it son. stock at such stockyards and of livestock, ♦Wright Packing Company, Vernon. carcasses, and products at such slaugh­ was drawn in collaboration with inter­ ested members of the affected industry, Utah tering establishments are adequate to èffectuate the purposes of the regula­ since it relaxes existing requirements, ♦Blue Mountain Meats, Monttcello. tions. and since it would be contrary to public interest to delay providing for these Vermont The amendments impose certain fur­ ther restrictions necessary to prevent the amendments. Delairs Slaughtering Establishment, East I further find that animal feeds con­ Montpelier. spread of brucellosis in cattle and relieve certain restrictions presently imposed. taining antibiotic drugs and conforming Gibbs Slaughtering Establishment, John A., with the conditions prescribed in the Bradford. They should be made effective promptly Quinn Slaughtering Establishment, T. Ger­ in order to accomplish their purpose in regulations involved need not comply ald, Poultney. the public interest and to be of maximum with the requirements of sections 502 (1) and 507 of the Federal Food, Drug, and Virginia benefit to persons subject to the re­ strictions which are relieved. Accord­ Cosmetic Act in order to ensure their Isom’s Slaughter House, Galax. ingly, under section 4 of the Administra­ safety and efficacy. ♦Harrell Brothers, St. Brides. Rhymer & Coleman. Bristol. tive Procedure Act (5 U. S. C. 1003), it Effective date. This order shall be­ is found upon good cause that notice and come effective upon publication in the Washington other public procedure with respect to F ederal R e g ister . Dejong Packing Company #14, Lynden. the amendments are impracticable, and (Sec. 701, 52 Stat. 1055, as amended; 21 Farmers Meat Company #50, Sumas. contrary to the public interest, and good U. S. C. 371. Interprets or applies secs. 502, Hibbs Packing. Company #43, Ellensburg. cause is found for making the amend­ 507, 52 Stat. 1051, 59 Stat. 463, as amended; Johansen’s Meats #41, Enumclaw. ments effective less than 30 days after 21 U. S. C. 352, 357) ♦Knight Packing Company #21, James, publication in the F ederal R eg ist e r . Woodlnville. Dated: January 31, 1958. (Secs. 1, 2, 32 Stat. 791-792, as amended; sec. ♦Pasco Central Stockyards and Salesyard, [ s e a l ] G e o . P . L a r r ic k , 3, 33 Stat. 1265, as amended, sec. 2, 65 Stat. Pasco. Commissioner of Food and Drugs. Sierk Meat Company #55, Hans, Wenatchee. 693; 21 U. S. G. 111-113, 114a-l, 120, 125) [F. R. Doc. 58-947; Filed, Feb. 6, 1958; W est Virginia Done at Washington, D. C., this 31st day of January, 1958. 8:45 a. m.] Fischer & Fischer, Charleston. Independent Dressed Beef Company, Mor­ [ s e a l ] R. J. A n d e r s o n , gantown. Director, Animal Disease Eradi­ TITLE 36— PARKS, FORESTS, AND Jenkins, Frank M., Martinsburg. cation Division, Agricultural Peerless Packing Company, Beckley. Research Service. MEMORIALS Staggs Meat Market, Burlington. * Chapter I— National Park Service, W isconsin [F. R. Doc. 58-941; Filed, Feb. 6, 1958; 8:45 a. m.} Department of the Interior Bohrer’s Packing Company, Muskego. Dobratz Meat Market, Shawano. P art 20— S p e c ia l R e g u l a t io n s Holland’s Food and Locker) Juda. ♦Richberg & Son, N., Manitowoc. TITLE 21— FOOD AND DRUGS PETERSBURG NATIONAL MILITARY PARK ; Schaefer Sausage Company, Inc., Oshkosh. SPEED Sykes Packing Company, Canton. Chapter I— Food and Drug Adminis­ Thomson Packing Company, West De Pere. tration, Department of Health, Edu­ § 20.56 Petersburg "National Military Valley Packing Company, Kaukauna. cation, and Welfare Park— (a) Speed. Speed limits in the Van Vonderen, Fred, Seymour. Subchapter C— Drugs Park, except in emergencies as provided ♦Zitron Brothers, Inc., Milwaukee. in § 1.42 (b) of this chapter, are as W yoming P art 146— G e n e r a l R e g u l a t io n s for t h e follows: ♦Rocky Mountain Packing Company, Casper. C ertification o f A n t ib io t ic a n d (1) 35 miles per hour: S & S Packing Company, Cheyenne. A n t ib io t ic -C o n t a in in g D rugs (1) On the Flank, Defense, and Siege Triangle Packing Company, Worland. ANIMAL FEED CONTAINING ANTIBIOTIC DRUGS Roads, except that vehicles shall be op­ Effective date. The foregoing amend- erated at safe driving speeds as provided Under the authority vested in the in § 1.42 (a) of this chapter. meJj^ shall become effective upon Secretary of Health, Education, and W el­ publication in the F ederal R egister. (2) 25 miles per hour: fare by the Federal Food, Drug, and Cos­ (i) On the Prince George Courthouse The amendment of § 78.13 deletes metic Act (sec. 507, 59 Stat. 463, as Clarion county in Pennsylvania and Mor­ Road and Attack Road. amended; sec. 701, 52 Stat. 1055, as (ii) On the Loop Road in the Battery ton and Mountrail counties in North amended; 21 U. S. C. 357, 371) and dele­ Dakota from the list of areas designated 5 area. gated to the Commissioner of Food and (iii) Except that vehicles shall be op­ as modified certified brucellosis-free Drugs by the Secretary (22 F. R. 1045), ?5eas> because it has been determined erated at safe driving speeds as provided the general regulations for the certifica­ in § 1.42 (a) of this chapter. mat such areas no longer come within tion of antibiotic and antibiotic-contain­ to? of § 78.1 ( i ) , and adds cer- ing drugs (21 CFR, 1956 Supp., 146.26; 22 (Sec. 3, 39 Stat. 535, as amended; 16 U. S. C. m additional areas which have been F. R. 1931) are amended as follows: 3) come Within such, defini- 1. In § 146.26 Animal feed containing Issued this 7th day of January 1958. f * -0 , e amendment of paragraph (a) ‘penicillin * * *, the introduction to para­ B ernard T . C a m p b e l l , Fvm,'8'14 the Farmer’s Livestock graph (b) (25) is amended by inserting Superintendent, 2 2 “ * Incorporated, from the list of after the words “ anaplasmosis in cattle’* Petersburg National Military Park. n,Q.^fa.r^s at which Federal inspection is the phrase “ or as an aid in the preven­ stJt f ^ *or inspection of live- tion of liver abscesses in feed-lot beef [F. R. Doc. 58-950; Filed, Feb. 6, 1958; * tor communicable diseases, and cattle;". 8:46 a. in.] No. 27------2 830 RULES AND REGULATIONS

TITLE 43— PUBLIC LANDS: 1947, is hereby revoked In its entirety. T. 5 S., R. 6 E., The following lands are included in the Sec. 5, Lot 4, S W ^ N W ^ and NW*4SW}4; INTERIOR revocation made by this order: Sec. 6, Lots 1 and 3. Chapter I— Bureau of Land Manage­ Black Hills Meridian The areas described aggregate 201.75 ment, Department of the Interior acres. T. 5 S., R. 6 E„ This revocation is made in furtherance Appendix— Public Land Orders Sec. 5, lot 4, S W & N W & and N W & S W ^ ; of a proposed exchange under section 8 [Public Land Order 1580] Sec. 6, lots 1 and 3; Sec. 7, lot 3; of the act of June 28, 1934, as amended [934327] Sec. 18,SE^NEi4; by section 3 of the act of June 26, 1936 Sec. 23, NW % NE% and Ei/jNW‘/4; (48 Stat. 1272; 49 Stat. 1976; 43 U. S. C. S o u t h D a k o t a Sec. 28, W'/2NW54, E^SW V4, and S E ^ ; 315g) by which the offered lands will REVOKING PUBLIC LAND ORDER NO. 239 OP Sec. 33, N E & and benefit a Federal land program. This JUNE 28, 1944, AS AMENDED The areas described aggregate 1,040.29 opening is, therefore, not subject to the 'acres. provisions contained in the Act of Sep­ By virtue of the authority vested in tember 27, 1944 (58 Stat. 747; 43 U. S. C. the President, arid pursuant to Executive Portions of the lands have been added to the Wind Cave National Park by the 279-284) as amended, granting prefer­ Order No. 10355 of May 26, 1952, it is ence rights to veterans of World War II, ordered as follows: act of August 9, 1946 (60 Stat. 970). the Korean Conflict, and others. Public Land Order No. 239 of June 28, Effective at 10:00 a. m. on March 8, 1944, which withdrew public lands in aid 1958, the following-described lands will R oger E rnst, of legislation for the extension of the become subject to application, petition, Assistant Secretary of the Interior. Wind Cave National Park in South Da­ location, offer or selection under the January 31,1958. kota, which was revoked in part by Pub­ public land laws, including the m ining lic Land Order No. 425 of November 12, [P. R. Doc. 58-949; Filed, Feb. 6, 1958; and mineral leasing laws: 8:45 a.m .]

PROPOSED RULE MAKING

DEPARTMENT OF AGRICULTURE Findings and conclusions. The fol­ than for any prior year since 1951 when lowing findings and conclusions on the the annual average also was $5.64. The Agricultural Marketing Service material issue are based on evidence pre­ level of Class I-A prices declined from t 7 CFR Part 927 ] sented at the hearing and the record 1951 to an average of $5.13 in 1954. This thereof. decline reflected increased supplies of [Docket No. AÔ-71-A33] The hearing was called in compliance pool milk relative to fluid sales. In­ M i l k i n N e w Y o r k -N e w J e r s e y M i l k with a provision of the order (§ 927.40 creases in 1955 and 1956 of 7 and 9 cents, M a r k e t in g A rea (b) (3) requiring that, whenever for each respectively, from the 1954 level reflect of three consecutive months the mini­ increases in the wholesale pripe index n o t ic e o p "recommended d e c is io n a n d mum price established for Class I-A milk and also improved utilization during OPPORTUNITY TO PILE WRITTEN EXCEP­ is more than $2.50 (or less than $1.00) the last half of 1956. The increase of TIONS W IT H RESPECT TO PROPOSED higher than the average of prices re­ 35 cents from 1956 to 1957 in the level AMENDMENTS TO TENTATIVE MARKETING ported to have been paid by specified of the Class I-A price reflects both AGREEMENT AND TO ORDER Midwest condenseries, (l)a public hear­ further increases in the wholesale price Pursuant to the provisions of the Agri­ ing be called promptly to consider those index and the utilization for fluid use cultural Marketing Agreement Act of and other economic conditions, or (2) of a higher percentage of the total vol­ 1937, as amended (7 U. S, C. 601 et seq.), announcement be made of a determina­ ume of pooled milk. and the applicable rules of practice and tion that such a hearing should not be Receipts of pool milk in the 12-month procedure-governing the formulation of held, together with reasons for such de­ period ending with July 1957 were 7 per­ marketing agreements and marketing termination. The calling of the hearing cent less than during the 12-month orders (7 CFR Part 900), notice is hereby constituted an exercise of the first of period ending with August 1956. Concur­ given of the filing with the Hearing Clerk these authorized choices in recognition rently, Class I sales increased 3 percent. of this recommended decision of the of the fact that the Class I-A price was (Expansion of the marketing area effec­ Deputy Administrator, Agricultural Mar­ more than $2.50 higher than the average tive August 1, 1957, precludes a direct keting Service, United States Depart­ of prices reported to have been paid by comparison of receipts and sales volumes ment of Agriculture, with respect to pro­ the specified Midwest condenseries for since that date with those occurring posed amendments to the tentative mar­ each of the months of August, Septem­ previously.) In July 1957, the number of keting agreement, and order regulating ber, and October 1957. producers delivering to pool plants the handling of milk in the New York- A decision on the issue here presented (43,724) was 3,353 less than in July 1956 New Jersey milk marketing area. Inter­ requires consideration of the purposes or and 5,982 less than in July 1954. De­ ested parties may file written exceptions objectives properly sought to be accom­ liveries of milk per day per producer were to this decision with the Hearing Clerk, plished in the fixing of Class I-A prices less than a year earlier in eight of the United States Department of Agriculture, under the order. The Agricultural Mar­ twelve months ending with July 1957 Washington, D. C., not later than the keting Agreement Act of 1937, as contrary to a consistent trend during the close of business the 7th day after pub­ amended, pursuant to which minimum preceding several years. lication of this decision in the F ederal prices are established under the order, Reflecting this reductipn in supply and R eg ister . The exceptions should be filed authorizes the Secretary of Agriculture increase in, fluid sales, the percentage in quadruplicate. to fix such prices as he finds will reflect (hereinafter called “utilization percent­ Preliminary statement. The hearing the price of feeds, the available supply age” ) of pool milk utilized in Class I on the record of which the findings and of feeds, and other economic conditions together with milk used for fluid cream conclusions, as hereinafter set forth, which affect market supply and demand in the marketing area (also required by were formulated was conducted at Utica, for milk in the marketing area, insure health authorities to be from approved New York, on December 5 and 6, 1957, a sufficient quantity of pure and whole­ sources), has been higher in each montn pursuant to notice thereof which was some milk and be in the public interest. since August 1956 than in the same issued November 22, 1957 (22 F. R. 9481). Prices established under the order must month a year earlier. The average/* The only material issue on the record conform to these standards. monthly utilization percentages during of the hearing relates to the question of Monthly Class I-A prices for the year the 12-month period ending with ouw whether the order should be amended by 1957 averaged $5.64, an increase of 35 1957 increased to 60.3 from an average reducing the level of Class I-A prices. cents over the average in 1956 and higher of 54.3 during the 12-month period ena- Friday, February 7, 1958 FEDERAL REGISTER 831 ing with August 1956. This !s a larger there is some level of Class I-A prices at the first half of 1958. Cow numbers are increase than has occurred at any time which additional sources of milk located not expected to decline this year as in since 1946 and reversed a trend of gen­ outside the present supply area and now 1957. In general, roughage supplies cur­ erally declining utilization percentages used for manufacturing purposes eco­ rently available are more plentiful and during the entire period from 1946 to nomically could be converted from po­ of higher quality than a year ago. The August 1956. tential to actual sources of supply for supply of homegrown feed grains is Expansion of the marketing area effec­ fluid use in the marketing area. The larger than a year earlier and the price tive August 1, 1957, contributed to a fixing of Class I-A prices at a level high of purchased feed grain is lower. Pro­ further increase in utilization percent­ enough to produce that result could be duction per day per producer since July ages in recent months with the result justified under the prescribed pricing 1957 has been higher than a year earlier, that during the period August-November standards of the act only if additional whereas -it was lower than a year earlier 1957, utilization percentages (including sources of supply were necessary in order during the period September 1956-April fluid cream in all of the expanded area) to insure an adequate supply of milk 1957. Thus, it is anticipated that higher averaged 78.2 compared with 68.5 and for the marketing area. The present and production relative to fluid sales will 62.9 during the same periods of 1956 and prospective supply of milk originating in operate (again taking into account the 1955, respectively. Calculated on this territory currently supplying the market­ August i, 1957, formula revision off­ basis, the utilization percentage in ing area is adequate. Accordingly, a setting the effect on utilization of ex> August 1957 (73.7) was higher than in level of Class I-A prices high enough to pansion of the marketing area), by August of any prior year and in Novem­ attract new sources of supply cannot be means of the utilization adjustment per­ ber (82.4) was the highest since 1948. justified. centage in the Class I-A pricing formula, Using only Class I sales in the calculation It is apparent, of course, in this con­ to produce a level of Class I-A prices of utilization percentages, such percent­ nection, that the level of Class I-A prices during the first half of 1958 somewhat ages averaged 65.9 during the August- in relation to the Midwest condensery lower than-in 1957. The other mover in November 1957 period compared with price (taken as a measure of the value the Class I-A formula, the wholesale 60.5 and 55.3, respectively, in comparable of milk for manufacturing purposes) is a commodity price index, also reasonably periods of 1956 and 1955. Class I-A matter of real importance. The precise may be expected to average no higher prices exceeding the Midwest condensery maximum justifiable margin of Class during the first half of 1958 than in 1957. prices by more than $2.50 in recent I-A prices over condensery prices, how­ The question of amending the provi­ months have occurred during a period ever, is difficult to determine on this sion of the order requiring a review of when utilization percentages were accel-«. record. There is no adequate basis in Class I-A prices whenever they exceed erating and when the supply for the the record for determining the cost of condensery prices by more than $2.50 market was not greatly in excess of fluid transporting from locations outside the was not an issue at the hearing. Evi­ requirements plus an adequate reserve. present production area potential fluid dence was presented, however, designed Consideration of the relationship be­ milk supplies which currently are being to show that changed conditions since tween the Class I-A price and Class I used for manufacturing or for determin­ adoption of that provision in 1950 render prices in other markets is appropriate ing the amount required for conversion the $2.50 figure inapplicable or inappro­ since the supply of milk available for of such manufacturing supplies to sup­ priate as a compelling reason for reduc­ the market may be affected to some ex­ plies qualified for fluid use. ing the level of the Class I-A price. It tent by such relationship. Relative to The record does reveal, however, that was stated in this connection that the Class I prices in most northeastern mar­ the average margin of Class I-A prices seasonality both of Class I-A prices and kets the level of the Order No. 27 Class over condensery prices of $2.51 for the of condensery prices has changed since I-A price declined generally after 1950 year 1957, and an average margin of 1950; that levels of price support affect­ through 1954 and since that time has about $2.87 for the period September ing the condensery price have changed; tended to increase so that by 1957 its 1957-January 1958, are higher than in that a change in the value of money relationship approached that prevailing any comparable periods theretofore. makes $2.82 in 1957 equivalent to $2.50 in in 1950. In most instances, the 1957 Such margin averaged $2.40 in 1949, the 1948 and that milk transportation costs relationship was not significantly out of highest of any prior year, $2.13, $2.24, have increased. line with the average relationship for the and $2.17, respectively, for the years The points were made also that the eight-year period 1950-1957. 1954, 1955, and 1956 and averaged $2.13 surplus or reserve supply over fluid re­ Class I-A prices have exceeded Mid­ for the nine-year period 1949-1957. The quirements needs to be larger than here­ west condensery prices in recent months fact that new supplies of fluid milk from tofore because of the multiplicity of by the following amounts: August $2.52, manufacturing areas have not entered health authorities in the expanded mar­ September $2.73, October $2.93, Novem­ the marketing area could mean that keting area, and that forecasts of supply- ber $3.07, and December $2.94. Assum­ the 1957 margin is not high enough to fluid sales relationships are more uncer­ ing the same Midwest condensery price produce that result. This conclusion tain in view of the recent expansion of for January 1958 as for December 1957 does not appear inescapable, however, the marketing area, and accordingly, ($3.15), the Class I-A price of $5.82 for since there is no assurance that a Class that present Class I-A pricing provisions January 1958 (official notice being taken I-A margin as high as in recent months should not be changed pending expe­ of the announcement thereof on Decem­ would not produce a different result if rience for a longer period under the ber 26,1957) also will exceed the Midwest maintained over an extended period. order for the expanded area. condensery price by $2.67. Although Present indications are that Class I-A It is concluded that existing provisions there will be a seasonal decline of two prices beginning with March 1958 and of the order for the pricing of Class I-A Percent in the Class I-A price for Febru- at least for several months thereafter milk are operating to produce Class I-A wy, it probably will be slightly more than will not exceed condensery prices by as prices consistent with the prescribed $2.50 above the Midwest condensery much as $2.50 and that such Class I-A pricing standards of the act, and ac­ ' Thus, February will be the sev­ prices will be lower than for the same cordingly, that no amendment of such enth consecutive month of Class I-A months in 1957. As earlier indicated, provisions should be made at this time. Prices exceeding Midwest condensery the receipts and utilization figures for However, the level of Class I-A prices i2£e! ? y more than $2-50- For the year months beginning in August 1957 are not relative to the value of milk for manu­ m>oh ,Te avera£e of Class I-A prices ex- comparable with earlier periods because facturing should be reconsidered upon by $2 5 average condensery prices of the expansion of the marketing area. recurrence of a disparity exceeding However, it appears that the supply of presently prescribed limits. in?1+ app^cation of prescribed pric- pool milk relative to fluid sales (exclud­ Issued at Washington, D. C., thfs 4th riimfianc^ar^s’ ^ milk, wherever pro­ ing the influence of marketing area ex­ of C^T’ faceting the quality requirements day of February 1958. pansion for which the Class I-A pricing iniicfu e*‘*ng. area health authorities [ s e a l ] R o y W. L e n n a r t s o n , ust be considered as compromising a formula was adjusted effective August 1, Deputy Administrator. thp J ? the potential supply of milk for 1957) has tended to increase during the fr o r n ^ ^ S * area. It is axiomatic that, last quarter of 1957, and that this rela­ [F . R. Doc. 58-956; Filed, Feb. 6, 1958; a strictly economic standpoint, tionship will continue through at least 8:47 a. m.] 832 PROPOSED RULE MAKING

Agricultural Research Service thirteen of which produce serum and Except for one reported Incident since E 9 CFR Part 131 ] virulent virus, twelve produce both serum the advent of vaccines this practice has and vaccines and five produce vaccines not disturbed the orderly marketing of [Docket No. A016-A6] only. The use of the vaccines as im­ the products, although under certain cir­ munizing agents has increased tremen­ H a n d l in g o f A n t i -H o g-C h o le r a S e r u m cumstances an unscrupulous handler or dously over the period of years with a a n d H o g-C h o l e r a V ir u s handlers could have operated to the dis­ concurrent decrease in the use of the advantage of another manufacturer or NOTICE OF RECOMMENDED DECISION AND OP­ serum-virulent virus immunization proc­ wholesaler-handler or to the entire mar­ PORTUNITY TO FILE WRITTEN EXCEPTIONS ess. In 1951 the total marketings of ket. It appears that permitting such W IT H RESPECT TO PROPOSED AMENDMENT vaccines were 4,478,155 doses and the •sales at a negotiated price with certain TO MARKETING AGREEMENT AND ORDER, AS total serum marketed was 1,570,441,879 resale safeguards would not disturb AMENDED cc. In 1955 there were 27,329,260 doses orderly marketing and would be of as­ Pursuant to the provisions of the Anti- of vaccines sold and 775,470,925 cc. of sistance in preserving the serum pro­ Hog-Cholera Serum and Hog-Cholera serum sold. The use of vaccine is con­ ductivity of the industry. Virus Marketing Agreement Act (7 tinuing to displace the serum—virulent The two briefs filed pursuant to the TJ. S. C. 851 et seq.) and the rules of virus method of inoculation. hearing proposed that a manufacturer- practice and procedure governing for­ The change-over in the method of handler be permitted to purchase a prod­ mulation of Marketing Agreements and inoculation has created many market­ uct from another manufacturer-handler Marketing Orders applicable to anti­ ing problems in the industry. It is now at a negotiated price and that the pur­ hog-cholera serum and hog-cholera necessary that a manufacturer-handler chaser be required to sell such product virus (9 CFR Part 132), notice is hereby be able to offer his customers both serum at a price not less than his supplier’s given of the filing with the Hearing and vaccines in order to be on a competi­ posted prices at the time of such resale. Clerk of the recommended decision of tive basis with those manufacturers han­ The proposal that the manufacturer- the Director of the Animal Inspection dling both products. The competitive purchaser be required to sell the pur­ and Quarantine Division, Agricultural pressures exerted by the advent of the chased product at a price not less than Research Service, United States Depart­ vaccines has already resulted in the re­ his supplier’s posted prices at the time ment of Agriculture, with respect to a duction of the number of manufacturers of such resale would guard against the proposed amendment to the marketing of serum. buyer in combination with the seller, or agreement and to the order, as amended, There are obstacles in becoming a the buyer alone, from engaging in un­ regulating the handling of anti-hog- manufacturer of vaccines. The pres­ fair practices. Without such a restric­ cholera serum and hog-cholera virus. ently known methods of producing vac­ tion on resale the buyer would be able to Interested parties may file written ex­ cines are covered by patents and a serum undersell the wholesalers handling his ceptions to this recommended decision producer can embark upon vaccine pro­ supplier’s product thereby eliminating with the Hearing Clerk, Room 112, Ad­ duction only by inventing a new method competition at the dealer level of mar­ ministration Building, United States or obtaining a license from a present keting. The buyer in concert with his patent holder, the granting of which is Department of Agriculture, Washington supplier could also enter a highly de­ 25, D. C., not later than the close of discretionary with the patent holder. sirable sales area of his supplier for the business on the 30th day after its publi­ Further, such manufacture requires a purpose of driving out his supplier’s capital outlay which small serum manu­ cation in the “F ederal R eg ist e r . Excep­ competitors by undercutting their prices, tions should be filed in quadruplicate. facturers may not be in a position to which practice would eventually result make. in driving the price of the product down Preliminary statement. Testimony There are thirteen manufacturers of with respect to proposed amendment to to an uneconomic level or in the capture serum who do not produce vaccines. The of the area market by such buyer and the marketing agreement and to the serum production of these manufacturers order, as amended, was received at a supplier. Such practices and variations is of the greatest importance to the thereof could result in chain reactions public hearing held at Kansas City, Mis­ growers of swine and the public generally souri, July 24, 1956, pursuant to notice in other areas as all handlers are re­ as serum is the only product that can be quired to sell at the same price to each published in the F ederal R eg ister on used to control outbreaks of the disease June 23, 1956 (21 F. R. 4520). classification of the trade throughout of hog-cholera. Serum is also required the United States. The material issues presented on the in the inoculation process with some of The briefs were not in agreement as to record are (1) the terms and conditions the vaccines and its use is often recom­ further provisions with respect to the under which sales of serum or virus may mended with the other vaccines. The situation where the . manufacturer pur­ be made between manufacturer han­ productive capacity of these manufac­ chases a product from more than one dlers and (2) whether the order should turers should be preserved for the bene­ manufacturer. It was suggested or rec­ contain an express provision prohibiting fit of the swine growers and the public ommended that further provision be the merging of the different classifica­ generally. Further, the maintenance of made (1) that the buyer post separate tions of handlers under the order. an adequate and available supply of prices for each supplier’s product; (2) 1. The marketing agreement and orderserum is a major objective of the act. that no manufacturer be permitted to should be amended to provide that sales It is therefore concluded that the best sell or deliver to another manufacturer between manufacturers of serum or of interests of the swine growers, the in­ whose currently effective posted prices virus may be made at negotiated prices. dustry and the public will be served by are in any respect lower than the cur­ Provision should be made with respect amending the marketing agreement and rently effective posted prices of such to the sale and resale of the purchased order to specifically provide that a man­ manufacturer; and (3) that the manu­ product in order to guard against prac­ ufacturer may purchase the regulated facturer-buyer be required to post and tices which could create disorderly mar­ products. sell at prices no lower than the highest keting conditions. The record discloses that a manufac­ prices of all his suppliers. The marketing agreement and order turer-buyer would be placed at a great The proposal that the manufacturer- does not contain specific provisions pro­ competitive disadvantage if he were re­ purchaser be required to post separate viding for sales of serum and virus be­ quired to purchase a product at the prices for each of his supplier’s products tween manufacturer-handlers. Prior to posted wholesaler price as he would have overlooks one of the fundamental re­ the advent of modified and inactivated to resell the product at a higher price to quirements of the order program, i. ®-* virus (vaccines) in 1951, there was no cover his cost of handling. By reason of that a handler may file only one pnce great need for inter-manufacturer sales these additional costs he would not be for each product for each classification as ail manufacturer-handlers manufac­ able to compete with other manufac­ of the trade. To adopt such proposal tured serum and virulent virus. In 1950 turers at the wholesaler level of market­ would disrupt the regulatory scheme set there were approximately thirty-six li­ ing. Traditionally it has been the in­ forth in the marketing agreement ana censed manufacturers of serum and formal practice for manufacturers in order. virulent virus under the order. There times of emergency to sell a product to Proposal (2) in its entirety prohibits a are now thirty licensed manufacturers another manufacturer at a negotiated manufacturer from selling serum or virus coming within the purview of the order; price. to a manufacturer-buyer whose selling Friday, February 7, 1958 FEDERAL REGISTER 833 prices are less than the currently effec­ market. The wholesalers handling his classification of handler from (1) own­ tive prices of such manufacturer and product would be faced with the same ing another business, in whole or in part, providing further that no manufacturer- situation, however, they have the addi­ whose operations come within a different buyer shall sell serum or virus to whole­ tional choice' of buying their products classification of handler, (2) from exer­ salers, dealers and consumers at prices from the manufacturer-buyer’s co­ cising control over the operations of a lower than the currently effective prices partner in the scheme. person or business unit coming within a of the manufacturer from whom he pur­ The requirement that a manufacturer- different classification of handler by chased such serum or virus. These pro­ buyer sell the purchased product at a means of contract, agency or otherwise, visions would allow the purchaser to pur­ price no lower than the highest price of (3) from utilizing a person or business chase a product from a manufacturer his suppliers under certain circumstances unit coming within a different classifica­ with a high price and then purchase the could operate temporarily to the detri­ tion of handler as a distributive outlet same product from one or more other ment of the buyer who purchases a or branch house, (4) from utilizing a manufacturers with a lower price and product from two suppliers whose prices person or business unit coming within a alternately sell the product at the dif­ thereafter deviate from each other. The different classification of handler as an ferent prices of his suppliers by. raising buyer, however, can control with whom agent or salesman for the sale or dis- ■ and lowering his posted prices (in ac­ and how many manufacturers he deals tribution of his products, and (5) or in cordance with the suppliers product whereas a seller cannot control the any manner combining the business being sold) as might be expedient under buyer’s purchases from other manufac­ operations of two or more different clas­ changing circumstances. His competi­ turers. The wholesaler handlers of the sifications of handlers. To permit the tors would be subjected to the stress of seller’s product, of course, have no con­ foregoing practices would result in the fluctuating prices without knowledge of trol over such sales or purchases. Under gradual eroding away of the separation the particular brand being marketed. present marketing conditions it appears of the classes defined in the order, He would be in the position to influence necessary to permit a manufacturer to thereby destroying the regulatory scheme the various classes of buyers to switch purchase the regulated products, how­ for the orderly marketing of serum and the brands normally purchased by them. ever, it is not intended that he be placed virus. Other variations of this method of com­ in a more advantageous position than his The proposal will not prohibit the petition could be accomplished. Further, supplier or his competitors by reason of ownership of two or more business units it would tend to unduly restrict free such purchase. coming within the same classification of trade between manufacturers as only Any scheme of regulating the resales handler. However, such business units those manufacturers with identical or of a manufacturer-buyer presents prob­ are required to post and sell the same lower posted prices could compete for a lems with regard to marketing, admin­ products at the same price for each manufacturer-purchaser’s business and istration and enforcement. Many of classification of buyers as heretofore the purchasing manufacturer could only these problems will be resolved through required. It will not prevent the selling purchase from another manufacturer the natural forces of marketing. Under of the products by a particular class of whose prices were identical or lower. He the provision hereinafter set forth han­ handler to any other class of handler in would be wholly dependent upon a sup­ dlers can detect a violation thereof as accordance with the applicable order plier whose price was the lowest regard­ they have knowledge of each manufac­ provisions. It will not inhibit bona fide less of other considerations. Such re­ turer’s branded products and his filed farm cooperatives in their usual manner strictions would be solely on the basis of price therefor, and through this means of operating under the order provisions price. Also there would be a tendency administration and enforcement will be in accordance with opinions rendered on the part of manufacturers to lower made easier. the Control Agency by the Department. their selling prices to capture a desirable 2. The marketing agreement and order Inasmuch as it would be impossible to customer or customers. Such action should be amended to specifically pro­ foresee the different situations that may might result in driving the price of the hibit the merging of the different classi­ arise in the future and make provision product to an uneconomic level. fications of handlers (manufacturer, therefor in the order, it is contemplated that the Control Agency will issue regu­ The scheme of regulation contained in wholesaler and dealer) defined in the lations spelling out the prohibited prac­ proposals (1) and (2) were not specifi­ marketing agreement and order. tices under the proposed amendment in cally mentioned at the hearing. While This requirement is implicit in the accordance with the Secretary’s decision. the need for restrictions on the resale of order program by reason of the regula­ The percentage of ownership that would products purchased by a manufacturer tory scheme set forth in the order. How­ constitute an undue merging or control ever, the prohibition should be set forth were discussed, sales restrictions on the should be covered as it is obvious that in specific terms in order that no person manufacturer producing the product partial ownership under certain circum­ be misled by the absence of a specific were not mentioned. Proposal (3), stances, such as the ownership of a very providing that the manufacturer-buyer provision. The regulatory scheme under minor share of the stock of a large busi­ the order provisions is the separation be required to post and sell at prices ness unit for investment purposes, would into classes of the various types of han­ Do lower than the highest prices of confer no control over the operations of dlers in accordance with their functions all his suppliers, was advanced at the such business or result in favorable hearing. This provision would accom­ under the order and requiring that only .treatment to the owner thereof. one price be posted for each product for plish the objective of proposal (2) with­ Rulings on proposed findings and con- out unduly restricting free trade (leaving each classification of buyers under the order, and prohibiting the sale of the elusions. Briefs were filed by the Con­ the handlers free to choose with whom trol Agency and Armour Veterinary they deal) and will eliminate the situa­ products at prices different than the Laboratories. The proposed findings and tions whereby the price of the products posted price. It is obvious that to permit conclusions set forth therein have been could be driven down to an uneconomic a handler to operate, either directly or discussed in this decision, and all were icvel and the selling of a product of two indirectly, under more than one classi­ carefully considered along with the evi­ or more manufacturers at alternating fication of handler would result in a dence in the record in making the find­ Prices. It will guard against the under­ breaking down of the order program as ings and reaching the conclusions here­ cutting of the prices of the supplier and the classifications would become mean­ ingless through the merging of such inbefore set forth. To the extent that i wholesalers handling the supplier’s the proposed findings and conclusions classes. product, it would also prevent the situa- contained in the aforesaid briefs are in­ r ® whereby the buyer purchases the A merging of the classifications of consistent with the findings and conclu­ .® e. Product from two manufacturers handlers occurs where a member of a sions contained herein such proposed j ln combination with one of them particular class (a manufacturer, a findings and conclusions are denied. the product of the other wholesaler, or a dealer) owns, utilizes or General findings. Upon the basis of manufacturer in one of his desirable exercises control over the operations of the evidence adduced at the hearing, and hi® S ar.eas f°r the purpose of capturing a business unit or person coming within the record thereof, it is hereby found tuvArUS^?InerS- the other manufac- a different classification of handler. The that: twn r k • on a rrational scale he has only proposed amendment would prohibit a ,lces’ erther to lower his prices person or business unit whose operations (1) The said marketing agreement, as onally or lose his desirable local come with the definition of a particular amended, and as hereby proposed to be 834 PROPOSED RULE MAKING further amended, and all of the terms 2. Amend § 131.51 and § 131.54 (for­ 1958, filed by Aeronautical Radio, Inc., and conditions thereof will tend to ef­ merly § 131.53) by changing the capital requesting an extension of time imwhich fectuate the declared policy of the act; “ E” in the first word in the first sentence to submit comments directed to the (2) The order, as amended, and asin each section to a lower case “ e” and Commission’s further notice of proposed hereby proposed to be further amended, add in each section the words “Except as rule making in the above-entitled mat­ regulates the handling of anti-hog- provided in § 131.57” immediately prior ters, released October 21,1957. cholera serum and hog-cholera virus in thereto. It appearing that the petitioner, as the same manner as, and contains only 3. Add a new § 131.80 to read as fol­ licensee of numerous aeronautical en- such terms and conditions as are con­ lows: route and aeronautical fixed facilities tained in the said marketing agreement § 131.80 Merging of classifications. serving both domestic and international upon which a hearing has been held. The merging of the different classifica­ civil air routes, is directly concerned in Recommended amendments to the tions of handlers defined in this subpart the outcome of these proceedings; and marketing agreement and order, as (manufacturer, wholesaler and dealer), It further appearing that the Radio amended. The fo llo w in g proposed either by direct or indirect means, is Technical Commission for Aeronautics amendments to the marketing agreement prohibited. (RTCA) has, at the request of the and order, as amended, are recommended United States CCIR Preparatory Com­ as the detailed and appropriate means Done at Washington, D. C., this 3d day mittee and United States Study Group by which the foregoing conclusions may of February 1958. X III, recently undertaken further study be carried out. The regulatory provi­ [ s e a l ] L. C. H e e m st r a , of single sideband standards for the sions of the said agreement are identical Director, aeronautical mobile service (RTCA with those contained in the following Animal Inspection and Special Committee 84); and order. Quarantine Division. It further appearing that it is not anticipated that the RTCA single side­ 1. Add a new § 131.57 to read as [F. R. Doc. 58-957; Filed, Feb. 6, 1958; follows: 8:47 a. m.] band study will be completed before July 1, 1958; and § 131.57 Purchases by manufacturers. It further appearing that the nu­ A manufacturer of serum or virus may FEDERAL COMMUNICATIONS merous technical and operational prob­ purchase serum or virus from another lems attendant upon the adoption of any manufacturer at a negotiated price. COMMISSION particular mode of single sideband oper­ Such purchaser shall not sell or offer for ation make closing of the record at this sale the purchased product to whole­ [ 47 CFR Parts 2-11, 16, 19 1 time inappropriate and premature; and salers, dealers or consumers at prices [Docket No. 11513 etc.] It further appearing that the public (including discounts and terms of sale) interest would be served by postponing A eronautical M o b ile S ervices lower than the currently effective posted final consideration of and action by the prices for such classes of purchasers of EXTENSION OF TIME TO SUBMIT COMMENTS Commission in these proceedings, as re­ the manufacturer from whom he pur­ quested by the petitioner; chased such product: Provided, however, In the matter of amendment of Parts 6 and 9 of the Commission’s rules and I t is ordered, This 3d day of February That in the évent such purchaser pur­ 1958, that, pursuant to authority con­ chases the same product from two or regulations to require the use of single tained in section 0.322 (b) of the Com­ more manufacturers said purchaser shall sideband transmission in fixed radio­ not sell or offer for sale such purchased telephone service below 25,000 kc, except mission’s rules, the time for filing com­ product to wholesalers, dealers or con­ Alaskan and maritime fixed, Docket No. ments in the above-captioned matters is sumers at prices (including discounts 11513; and in the matter of amendment hereby extended from February 3, 1958, and terms of sale) lower than the highest of Part 9 of the Commission’s rules to to July 15, 1958, and that rebuttal com­ effective prices currently posted by his require the use of single sideband trans­ ments may be filed within 20 days from suppliers for wholesalers, dealers, and mission in the aeronautical mobile serv­ such extended date. consumers. The prices, discounts and ice for radiotelephony on frequencies be­ Released: February 4, 1958. terms of sale filed by a manufacturer- low 25,000 kc, Docket .No. 11678; and in the matter of amendment of Parts 2, 3, buyer for serum or virus shall be uniform F ederal C ommunications 4, 5, 6, 7, 8, 9,10,11, and 16, and 19 of the for all buyers In each classification of Commission’s rules concerning type acr C o m m is s io n , the trade regardless of whether it is of ceptance of transmitters, bandwidth and [ s e a l ] M a r y Ja n e M orris, his own manufacture or has been pur­ spurious emissions, Docket No. 11654. Secretary. chased from one or more other manu­ The Commission having under con­ [F. R. Doc. 58-959; Filed, Feb. 6, 1958; facturer-handlers. sideration a petition dated January 27, 8:47 a. m.]

NOTICES

SMALL BUSINESS ADMINISTRA­ Whereas, after reading and evaluating County: Bleckley (Tornado occurring on reports of such conditions, I find that the or about January 24). TION conditions in such areas constitute a Office: Small Business Administration Re­ gional Office, 90 Fair lie Street NW„ Atlanta [Declaration of Disaster Area 178] catastrophe within the purview of the Small Business Act of 1953, as amended; 3, Ga. G eorgia Now, therefore, as Administrator of the 2. No special field offices will be estab­ DECLARATION OF DISASTER AREA Small Business Administration, I hereby lished at this time. determine that: 3. Applications for disaster loans Whereas, it has been reported that dur­ 1. Applications for disaster loans under the authority of this Declaration ing the month of January 1957, because under the provisions of section 207 (b) will not be accepted subsequent to July of the effects of certain disasters, dam­ (1) of the Small Business Act of 195ft, as 31, 1958. ‘ age resulted to residences and business amended, may be received and considered property located in certain areas in the by the Offices below indicated from per­ Dated: January 28, 1958. State of Georgia; sons or firms whose property situated in W e n d e ll B. B arnes, Whereas, the Small Business Adminis­ the following county (including any areas Administrator. tration has investigated and has received adjacent to said county) suffered dam­ other reports of investigations of condi­ age or other destruction as a result of [F. R. Doc. 58-953; Filed, Feb. 6. l958, tions in the areas affected; the catastrophe hereinafter referred to: 8:46 a. m.] Friday, February 7, 1958 FEDERAL REGISTER 835

SECURITIES AND EXCHANGE debt adjustment bonds, $111,000 had in the above-entitled proceeding is as­ been validated or registered for valida­ signed to be held on March 4, 1958, at COMMISSION tion but not yet presented for exchange, 10:00 a. m., e. s. t., in Room 5042, Com­ [File No. 7-1906] $21,000 were subject to declaratory decree merce Building, 14th Street and Con­ under the German validation law, and stitution Avenue NW., Washington, D. C., Foote M ineral Co, $152,000 had not been registered for before the Board. The Administrator NOTICE or APPLICATION FOR UNLISTED validation. has been allotted 60 minutes and counsel TRADING PRIVILEGES, AND OF OPPORTUNITY Upon receipt of a request, on or before for the respondents a total of 60 minutes FOR HEARING February 25, 1958, from any interested to be presented in that order. The Ad­ F ebruary 3, 1958. person for a hearing in regard to terms ministrator may reserve one-quarter of In the matter of application by the to be imposed upon the delisting of this his allotted time for rebuttal. Philadelphia-Baltimore Stock Exchange security, the Commission will determine Dated at Washington, D. C., February for unlisted trading privileges in Foote whether to set the matter down for 4, 1958. Mineral Company common stock; File hearing. Such request should state No. 7-1906. briefly the nature of the interest of the [ seal] F rancis W . B r ow n, The above named stock exchange, pur­ person requesting the hearing and the Chief Examiner. suant to section 12 (f) (2) of the Secu­ position he proposes to take at the hear­ [F. R. Doc. 58-968; Filed, Feb. 6, 1958; rities Exchange Act of 1934 and Rule ing with respect to imposition of terms. 8:49 a. m.] X-12F-1 promulgated thereunder, has In addition, any interested person may made application for unlisted trading submit his views or any additional facts privileges in the specified security, which bearing on this application by means of FEDERAL COMMUNICATIONS is listed and registered on the New York a letter addressed to the Secretary of COMMISSION Stock Exchange. the Securities and Exchange Commis­ Upon receipt of a request, on or before sion, Washington 25, D. C. I f no one re­ [Docket No. 11803; FCC 58M-102] February 19, 1958, from any interested quests a hearing on this matter, this B osque R adio person, the Commission will determine application will be determined by order whether to set the matter down for hear­ of the Commission on the basis of the ORDER SCHEDULING HEARING ing. Such request should state briefly facts stated in the application and other In re application of George H. Cook, the nature of the interest of the person information contained in the official file tr/as Bosque Radio, Clifton, Texas, making the request and the position he of the Commission pertaining to the Docket No. 11803, File No. BP-10361; for proposes to take at the hearing. In addi­ matter. construction permit. tion, any interested person may submit By the Commission. I t is ordered, This 31st day of January his views or any additional facts bearing 1958, that Jay A. Kyle will preside at the on this application by means of a letter [ seal] Orval L. D uB ois, hearing in the above-entitled proceeding Secretary. addressed to the Secretary of the Secu­ which is hereby scheduled to commence rities and Exchange Commission, Wash­ [F. R. Doc. 58-955; Filed, Feb. 6, 1958; on March 24, 1958, in Washington, D. C. ington 25, D. C. I f no one requests a 8:47 a .m.] hearing on this matter, this application Released: February 3, 1958. will be determined by order of the Com­ F ederal Communications mission on the basis of the facts stated CIVIL AERONAUTICS BOARD Commission, in the application and other information [Docket No. 6594] [ seal] M ary Jane M orris, contained in the official file of the Com­ Secretary. P an American W orld A irw ays, I nc.; mission pertaining to the matter. [F. R. Doc. 58-960; Filed, Feb. 6, 1958; A cquisition of Lineas Aereas Costa­ 8:48 a. m.J By the Commission. rricenses, S. A. (R eopened) [ seal] Orval L. D uB ois, NOTICE OF POSTPONEMENT OF ORAL Secretary. ARGUMENT IF. R. Doc. 58-954; Filed, Feb. 6, 1958; Notice is hereby given, pursuant to the [Docket Nos. 11880,11881; FCC 58M-105] 8:46 a. m.] provisions of the Civil Aeronautics Act B irney I mes, Jr. (W M OX) and of 1938, as amended, that oral argument M ississippi B boadcasting Co. in the above-entitled proceeding now as­ NOTICE OF FURTHER PRE-HEARING signed to be held on March 5, 1958, is CONFERENCE [File No. 1-2557] postponed to March. 6, 1958, at 10:00 Rhine-Rtjhr W ater Service U n io n a. m., e. s. t., Room 5042, Commerce In re applications of Birney Imes, Jr. Building, 14th Street and Constitution (W M O X), Meridian, Mississippi, Docket notice of application to strike from Avenue NW., Washington, D. C., before No. 11880, File No. BP-10163; Mississippi listing and registration, and of the Board. Broadcasting Company, Carthage, Mis­ opportunity for hearing sissippi, Docket No. 11881, File No. Dated at Washington, D. C., February F ebruary 3, 1958. BP-10637; for construction permits. 4, 1958. In the matter of Rhine-Ruhr Water A further pre-hearing conference in Service Union 6 Percent External Gold [ seal] F rancis W. B row n, the above proceeding will be held Friday, debentures due 1/1/53; File No. 1-2557. Chief Examinerv January 31, 1958, beginning at 11:00 New York Stock Exchange has made [F. R. Doc. 58-969; Filed, Feb. 6, 1958; a. m. in the offices of the Commission in ^Plication, pursuant to section 12 (d) of 8:49 a. m.] Washington, D. C. The matters to be wie Securities Exchange Act of 1934 and discussed include, but are not limited to, ^~I2D2-1 (b) promulgated there­ the necessity of calling engineering wit­ under to strike the above named security nesses to testify in support of certain otn listing and registration thereon. [Docket Nos. SR-2274, SR-2275] rebuttal exhibits which have been ex­ changed by one of the applicants. fmTi reasons alleged in the application James H. B rown and R obert J. Sullivan striking this security from listing Released: February 3, 1958. NOTICE OF ORAL ARGUMENT a registration include the following; Dated this the 30th day of January dno applicant’s opinion, the issuer James T. Pyle, Administrator of Civil 1958. tin,? r?eet N® requirements for con- Aeronautics, complainant v. James H. F ederal Communications hw»n j ^ng in that the debentures have Brown, Docket No. SR-2274 and Robert Commission, rinoi reduced to less than $200,000 prin- J. Sullivan, Docket No. SR-2275, re­ spondents. [ seal] M ary Jane M orris, thnt amount. The application recites Secretary. of 0f November 12, 1957, $1,161,000 Notice is hereby given, pursuant to the dPW? recently outstanding $1,445,000 provisions of the Civil Aeronautics Act [F. R. Doc. 58-961; Filed, Feb. 6, 1958; ntures had been exchanged for new of 1938, as amended, that oral argument 8:48 a. m.] 836 NOTICES

[Docket No. 12261; PCC 58M-103] [Docket Nos. 12278, 12279; FCC 58M-109] [Docket Nos. 12297,12298; FCC 58M-99J

Baw B e ese B roadcasters, I n c . (WBSE) A l b a n y B roadcasting C o r p. an d D i x ie B roadcasters a n d R adio B lakely

ORDER SCHEDULING PREHEARING CONFERENCE W . G ordo n A l l e n order s c h e d u l in g h earing In re application of Baw Beese, Broad­ order s e t t in g pr e h e a r in g c o n f e r e n c e In re applications of Cyril W. Reddoch casters, Incorporated (W BSE), Hillsdale, and Ralph L. Hooks, d/b as Dixie Broad­ In re applications of The Albany Michigan, Docket No. 12261, Pile No. casters, Blakely, Georgia, Docket No. Broadcasting Corporation, Albany, Ore­ BP-10917; for construction permit. 12297, File No. BP-11092; H. A. Felder gon, Docket No. 12278, File No. BP— It is ordered, This 31st day of January and W. C. Woodall, Jr., d/b as Radio 10793; W. Gordon Allen, Eugene, Oregon, 1958, on the Hearing Examiner’s own Blakely', Blakely, Georgia, Docket No. Docket No. 12279, File No. BP-11173; for motion, that a pre-hearing conference in 12298, File No. BP-11461; for construc­ the above-entitled proceeding is sched­ construction permits. tion permits. uled to be held at 2:00 o’clock p. m. on I t is ordered, This 3d day,of February I t is ordered, This 31st day of Janu­ Wednesday, February 5, 1958, in the 1958, that, pursuant to the provisions of ary 1958, that J. D. Bond will preside at offices of this Commission, Washington, 1 1.111 of the Commission’s rules (as re­ the hearing in the above-entitled pro­ D. C. vised, effective February 3, 1958), all ceeding which is hereby scheduled to parties to the above-entitled proceeding Released: February 3, 1958. commence on March 31, 1958, in Wash­ ■ '/ or their counsel are directed to appear ington, D. C. F ederal C ommunications for a prehearing conference at the offices C o m m is s io n , of the Commission in Washington, D. C., Released: February 3,1958. [ s e a l ] M a r y Ja n e M o r r is, at 10:00 a. m., February 19, 1958, for the F ederal C ommunications Secretary. purpose of considering the following C o m m is s io n , matters; [F. R. Doc. 58-962; Filed, Feb. 6, 1958; [ s e a l ] M a r y J a n e M orris, (1) The necessity or desirability of Secretary. 8:48 a. m.] simplification, clarification, amplifica­ tion, or limitation of the issues; [F. R. Doc. 58-966; Filed, Feta. 6, 1958; 8:48 a. m.] (2) The possibility of stipulating with respect to facts; [Docket No. 12275; FCC 58M-107] (3) The procedure at the hearing; T r ia n g le P ublications , I n c . (W NHC- (4) The limitation of the number of [Docket No. 12299 etc.; FCC 58M-98] TV) witnesses; (5) Such other matters as will be con­ B in d e r -C arter-D u r h a m , I n c . (WAMM) ORDER CONTINUING HEARING CONFERENCE ducive to an expeditious conduct of the ORDER SCHEDULING HEARING In re application of Triangle Publica­ hearing. In re applications of Binder-Carter- tions, Inc. (W N C H -TV ), New Haven, Released: February 4, 1958. Connecticut, Docket No. 12275, File No. Durham, Inc. (W A M M ), Flint, Michigan; BPCT-2381; for construction permit F ederal C ommunications Docket No. 12299, File No. BP-10839; (Channel 8). C o m m is s io n , The Circle Corporation (WKLZ), Kala­ The Hearing Examiner having under [ s e a l ] M a r y J a n e M o r r is, mazoo, Michigan; Docket No. 12300, File consideration a petition filed January 30, Secretary. No. BP-10852; William Kuiper & Wil­ 1958, by Springfield Television Broad­ liam Eugene Kuiper d/b as Kalamazoo [F . R. Doc. 58-964; Filed, Feb. 6, 1958; Broadcasting Company, Kalamazoo, casting Corporation, protestant in the 8:48 a. m.] above-entitled proceeding, requesting Michigan; Docket No. 12301, File No. BP- that the pre-hearing conference now 11022; Northern Indiana Broadcasters, scheduled for February 4, 1958, be Inc, (W IM S), Michigan City, Indiana; Docket No. 12302, File No. BP-11285; continued to February 7, 1958; and [Docket No. 12296; FCC 58M-100] It appearing that counsel for all par­ William Kuiper & William Eugene Kuiper ties have consented to the requested J a m es E. P eaden d/b as Dowagiac Broadcasting Company, continuance, that good cause for the re­ Dowagiac, Michigan; • Docket No. 12303, quested continuance has been shown, and ORDER SCHEDULING HEARING File No. BP-11457; WBRB, Inc. (WBRB), that the orderly conduct of the Commis­ In re application of James E. Peaden, Mt. Clemens, Michigan; Docket No. 12304, File No. BP-11554; Warner C. sion’s business requires immediate action Twentynine Palms, California, Docket on the pleading; No. 12296, File No. BPTT-42; for a con­ Tidemann, tr/as McLean County Broad­ casting Company, Bloomington, Illinois; It is ordered, This the 3d day of struction permit to construct Television February 1958, that the petition for Broadcast Translator Station. . Docket No. 12305, File No. BP-11649; for continuance is granted and that the pre- construction permits. I t is ordered, This 31st day of Janu­ I t is ordered, This 31st day of January hearing conference now scheduled for ary 1958, that Herbert Sharfman will 1958, that Charles J. Frederick will .pre­ February 4, 1958, is continued to Feb­ preside at the hearing in the above- side at the hearing in the above-entitlea ruary 7, 1958, beginning at 10:00 entitled proceeding which is hereby proceeding which is hereby scheduled to a. m. in the offices of the Commission, scheduled to commence on March 24, commence on March 20, 1958, in Wash­ 1958, in Washington, D. C. Washington, D. C. < - ington, D. C. Released: February 4, 1958. Released: February 3,1958. Released: February 3,1958. F ederal C ommunications F ederal C ommunications . F ederal Communications C o m m is s io n , C o m m is s io n , C o m m ission, [ s e a l ] M a r y J a n e M o r r is, [ s e a l ] M a r y Ja n e M o r r is, [ s e a l ] M a r y Ja n e M orris, Secretary. Secretary. Secretary. [F. R. Doc. 58-963; FUed, Feta. 6, 1958; [F. R. Doc. 58-965; Filed, Feta. 6, 1958; [F. R. Doc. 58-967; Filed, Feb. 6, 1958; 8:48 a.m .] 8:48 a. m.] 8:48 a. m.J