' . tTT«oAY FEDERAL REGISTER ^ 1934 ^ VOLUME 19 NUMBER 19

Washington, Thursday, January 28, 1954

TITLE 3— THE PRESIDENT TITLE 6— AGRICULTURAL CREDIT CONTENTS EXECUTIVE ORDER 10516 Chapter III— Farmers Home Adminis­ THE PRESIDENT tration, Department of Agriculture Transferring Certain Lands to the Sec­ Executive Order Page retary of A griculture for U se, Ad­ Subchapter Farm Ownership Loans Transferring certain lands to Sec­ ministration, and D isposition U nder retary of Agriculture for use, ad­ [FHA Instruction 427.1] ministration, and disposition Title in of the B ankhead-Jones F arm under Title I I I of Bankhead- Tenant A ct P art 327—T itle Clearance Jones Farm Tenant Act------467 WHEREAS I find suitable for the pur­ ARRANGEMENT WITH TITLE INSURERS poses of Title in of the Bankhead-Jones EXECUTIVE AGENCIES Section 327.4 (b) (5), Title 6, Code of Farm Tenant Act, approved July 22,1937 Federal Regulations (13 F. R. 9409), is Agricultural Marketing Service (50 Stat. 522, 7 U. S. C. 1010 et seq.), and revised to modify the requirements with Proposed rule making: Milk handling: the related provisions of Title IV thereof, respect to owners’ policies of title in­ certain lands of the United States under Oklahoma City, Okla., mar- surance and as revised reads as follows: keting area______482 the supervision of the Secretary of Ag­ § 327.4 Arrangements with title in­ Puget Sound, Wash., market­ riculture which are being administered ing area_c------,— 486 surers. * * * by the Department of Agriculture as Referendum order---- 490 (b) Standard proposals: acceptance tree and grass nurseries for thé produc­ Peaches, fresh, grown in Geor­ \by State Director. * * * gia; handling______490 tion of woody and herbaceous planting (5) Ratés for owners’ policies are set stock, such nurseries being designated Strawberries, frozen; U. S. forth in the manner indicated by part standards for grades------480 and described as follows: II, section 1 (if combination policies are Agriculture Department offered there may be supplied in part I, See Agricultural Marketing Serv­ N u rsery County State Acreage section 1, an additional column showing ice. rates, based on amount of insurance, Alabama____ 181.20 applicable to combination policies), and Army Department 45.88 See Engineers Corps. 60.00 such rates are found by the State Di­ 340.70 rector to be reasonable and the lowest Civil Aeronautics Administra­ 181.45. 112.987 ratés which can be secured by negotia­ tion 206.44 Rules and regulations: 212.88 tion. I f the insurer offers to issue M änd an__ ». Morton-B.ur- North Dakota. 595.20 owners’ policies in the same amount as Designation of : leigh. . the mortgage insurance in Farm En­ Civil airways; alterations— 475 Zanesville___ Muskingum... Ohio...... 202.69 Control areas, zones, and re­ Pennsylvania.. 76.924 largement and Farm Development cases, 3.00 porting points; alterations- 476 P ullm an...... Whitman____ Washington... 160.26 the proviso following the semicolon in Federal aid to public agencies Bellingham.:.. Whatcom...... Washington... 72.214 the first paragraph of part n , section 1, for development of public air­ should be stricken. Because each bor­ ports; project costs-,______2. 475 NOW, THEREFORE, by virtue of and rower has the option of electing whether Commerce Department pursuant to the authority vested in me to obtain an owner’s policy, the State See Civil Aeronautics Adminis­ by section 45 of the said Bankhead-Jones Director may delete part n , “ Owners’ tration; Patent Office. Farm Tenant Act, it is ordered that all Policies,” or may approve any provi­ sions satisfactory to him relating to Defense Department the right, title, and interest of the United owners’ policies contained in the pro­ See Engineers Corps. States in and to the above-described posal, including the form of owner’s pol­ Education Office lands be, and they are hereby, trans­ icy offered. Notices: ferred to the Secretary of Agriculture for Director of Division of School use, administration, and disposition in (Sec. 41 (i), 60 Stat. 1066; 7 U. S. C. 1015 Assistance in Federally af- (1). Interprets or applies secs. 3 (a), 12 (a), feoted areas, et al.; delegation accordance with the provisions of Title 44 (b ), 60 Stat. 1074, 1076, 1069; 7 U. S. O. of authority with respect to HI of the said act and the related pro­ 1003 (a), 1005b-(a), 1018 (b )) certain duties and functions— 497 visions of Title TV thereof. Dated: January 20, 1954. Engineers Corps D wight D. Eisenhower Rules and regulations: [ seal] * R. B. M cLeaish, Danger zone regulations: The W hite H ouse, Administrator, Albemarle Sound, Pamlico January 26,1954. Farmers Home Administration. Sound and adjacent waters, 1?. R. Doc. 54-632; Filed, Jan. 26, 1954; [F. R. Doc. 54-579; Filed, Jan. 27, 1954; N. C______479 4:59 p. m .] 8:51 a. m.] Chesapeake Bay area------478 467 468 RULES AND REGULATIONS

CONTENTS— Continued CONTENTS— Continued Federal Communications Com- PaSe Land Management Bureau-^ Page FEDEMLjpREGISTER mission-—Continued Continued "V.1934 ¿y c ¿/AiiTpn ’ Notices—Continued Notices— Continued Hearings, etc.— Continued Alaska—Continued Published daily, except Sundays, Mondays, Greater Huntington Radio Shorespace restoration orders and days following official Federal holidays, Corp. et al______499 by the Federal .Register Division, National (2 documents)______491 492 Archives and Records Service, General Serv­ Palm Beach Broadcasting Arizona: ices Administration, pursuant to the aii- Corp. and W EAT-TV___. . . 497 Classification orders (2 docu­ thority contained in the Federal Register Southern Broadcasting Co., ments)------493,494 Act, approved July 26, 1935 (49 Stat. 500, as Inc., and Charleston Broad­ Nebraska National Forest; pro­ amended; 44 U. S. C., ch. 8B), under regula­ casting Co______497 posed withdrawal and reser­ tions prescribed by the Administrative Com­ W PTF Radio Co. and Capitol vation of lands______494 mittee of the Federal Register, approved by Broadcasting Co., Inc____ 499 Utah; opening of public landsll 495 the President. Distribution is made only by Rules and regulations : the Superintendent of Documents, Govern­ Patent Office ment Printing Office, Washington 25, D. C. Common carriers; instructions The regulatory material appearing herein for conduct of domestic tele­ Notices : is keyed to the Code of Federal Regulations, graph speed of service studies Organization and functions. .. . 495 which is published, under 50 titles, pursuant and submission of reports to section 11 of the Federal Register Act, as thereof______479 Securities and Exchange Com­ amended August 5, 1953. mission Federal Crop Insurance Corpo­ The F ederal R egister will be furnished by Notices: mail to subscribers, free of postage, for $1.50 ration per month or $15.00 per year, payable in Hearings, etc.: Rules and regulations: Cities Service Co. et al. (2 advance. The charge for individual copies Crop insurance: (minimum 15tf) varies in proportion to the documents)______502 size of the issue. Remit check or money Citrus; 1954 and succeeding Mission Oil Co. et al______502 order, made payable to the Superintendent crop years______470 Union Electric Co. of Mis­ of Documents, directly to the Government Cotton, 1952 and succeeding souri------501 Printing Office, Washington 25, D. C. crop years; eligibility for There are no restrictions on the republica­ insurance______470 tion of material appearing in the F ederal Multiple, 1950 and succeed­ CODIFICATION GUIDE R egister. ing crop years; single crop A numerical list of the parts of the Code settlement______470 of Federal Regulations affected by documents Now Available Tobacco, 1954 and succeed­ published in this issue. Proposed rules, as ing crop years; eligibility opposed to final actions, are identified as for insurance______469 such. UNITED STATES Wheat, 1953 and succeeding GOVERNMENT crop years; miscellaneous Title 3 Page amendments______469 Chapter I I (Executive orders) : ORGANIZATION 10516______467 MANUAL Federal Power Commission Notices: Title 6 1953—54 Edition Hearings, etc.: Chapter III: (Revised through July 1) Central Kentucky Natural Part 327.______467 Gas Co__.______“ 501 Published by the Federal Register Division, Community Public Service Title 7 the National Archives and Records Service, Co------______501 Chapter I: General Services Administration Otter Tail Power Co______501 Part 52 (proposed)___,______480 Texas Eastern Transmission Chapter IV : 734 Pages— $1.00 a copy Corp, and United Natural Part 417______469 Gas Co______501 Part 418______469 Order from Superintendent of Documents, Part 419______470 United States Government Printing Office, Food and Drug Administration Part 420______470 Washington 25, D. C. Rules and regulations: Part 422______470 Antibiotic and antibiotic-con­ Chapter IX : taining drugs ; tests and meth­ Part 905 (proposed)______482 ods of assay for and certifica­ CONTENTS— Continued Part 925 (proposed) (2 docu­ tion of batches of; miscella­ ments)______„__ 486, 490 Farmers Home Administration Pase neous amendments______478 Part 962 (proposed)______490 Health, Education, and Welfare Rules and regulations: Title 8 Farm ownership loans, title Department clearance; arrangement with See Education Office; Food and Chapter I: title insurers______467 Drug Administration. Part 214k______473 Federal Communications Com­ Immigration and Naturaliza­ Title 14 mission tion Service Chapter II: Notices: Rules and regulations: Part 550______475 Chief Engineer; delegation of Admission of nonimmigrants: Part 600______475 authority to exempt broadcast Unilateral admission of Mexi­ Part 601______476 stations from certain require­ can agricultural workers.... 473 Title 21 ments of CONELRAD pro­ Interior Department Chapter I: gram______500 See Land Management Bureau. Hearings, etc.: Part 141______478 Biscayne Television Corp. Justice Department Part 146___ 478 et al------498 See Immigration and Naturaliza­ Title 33 tion Service. ' * Cavalier Broadcasting Corp. Chapter II: and Larus & Brother Co., Land Management Bureau Part 204 (2 documents)------478,479 Inc------500 Notices : Chick Capitol Broadcasters, Alaska : Title 47 Inc., and Radio Station Filing of plat of survey cancel­ Chapter I: KAMO------;__ ___ 500 lation______49i Part 64.. 479 Thursday, January 28, 1954 FEDERAL REGISTER 469

2. Insurable acreage. For each crop year exceed 20 percent. The annual premium for TITLE 7— agriculture of the contract any acreage is insurable only the contract shall be the total of the if a coverage for such acreage is shown on premiums computed for the insured for all Chapter IV— Federal Crop Insurance the county actuarial table for that crop insurance units covered by the contract, and Corporation, Department of Agri­ year, provided, however, in any county where with respect to any insured acreage shall be a coverage(s) is established by a farming earned and payable when the wheat on such culture practice(s) any acreage is Insurable only if acreage is seeded. [Amdt. 1] a coverage is established for the farming (b) The premium rate(s) shown on the practice followed on such acreage. county actuarial table is based on prompt Part 417—T obacco Crop I nsurance payment and any amount of the premium 3. Section 6 of the policy shown in which remains unpaid on the day following Subpart—Regulations for the 1954 § 418.210 is amended to read as follows: the discount date (the discount date shall be and Succeeding Crop Y ears the November 30 following the time the 6. Coverage per acre. The coverage per wheat crop is normally harvested) will be eligibility for insurance acre established for the area in which the increased by 10 percent, which increased insured acreage is located shall be shown, amount shall be the premium balance. The above identified regulations (18 by practice(s) where applicable, on the Thereafter, at the end of each 12 months' p. R. 5703), are hereby amended, ef­ county actuarial table on file in the county period, 6 percent simple interest shall at­ fective beginning with the 1954 crop office. The coverage per acre is progressive tach to any amount of the premium balance depending upon whether the acreage is (a) year, by adding a § 417.9 to read as fol­ remaining unpaid. Interest shall not be First Stage— released and seeded to a substi­ charged on premiums earned in the 1955 and lows: tute crop, (b ) Second Stage— not harvested succeeding crop years except as specified in § 417.9 Eligibility for insurance. Not­ and not seeded to a substitute crop or (c) this section. withstanding the provisions of section Third Stage—harvested. (c) The insured’s annual premium for any 20 (b) of the policy as shown in § 417.8, year may be reduced 25 percent if he has 4. Subsections (a) and (d) of section had seven consecutively insured wheat crops insurance may be provided in any crop 9, as amended, of the policy shown in (immediately preceding the current crop year to any person who canceled his § 418.210 are amended to read as follows: year) without a loss for which an indemnity contract for that crop year and who as was paid. Whether or not the insured is owner-operator or tenant-operator files (a ) Subject to the. provisions of this sec­eligible for the above premium reduction, an application for insurance after the tion, the contract shall be in effect for the his annual premium may be reduced in lieu cancellation date and by the applicable first crop year specified on the application of the above in any year by not to exceed closing date preceding such crop year, and shall continue in effect for each succeed­ 50 percent if it is determined by the Cor­ ing crop year until canceled by either the provided the interest(s) covered by such poration that the accumulated balance of insured or the Corporation. Cancellation premiums over indemnities on consecutively application for insurance is not limited may be made by either party giving written insured wheat crops exceeds his total cover­ to the identical interest(s) which was notice to the other party on or before the age (computed on a harvested acreage basis), insured under the canceled contract. applicable cancellation date preceding the Nothing in this paragraph shall create in crop year for which the cancellation is to the insured any right to a reduced premium. (Secs. 506, 516, 52J3tat. 73, as amended, 77, become effective: Provided, however, That as amended; 7 U. S. C. 1506, 1516. Interprets (d) Notwithstanding any other provision (1) if by the March 31 following such can­ of the contract, if in any year a premium or applies secs. 507—509, 52 Stat. 73—75, as cellation date for all counties with a Decem­ amended, Pub. Law 261, 83d Cong.; 7 U. S. C. is earned apd totals less than $10.00 the ber 31 cancellation date any amount of amount shall be increased to $10.00. 1507-1509) Vi premium remains unpaid or ( 2) if by such Adopted by the Board of Directors on cancellation date for all other counties any 6. Subsection (b) of section 13, as amount of premium, except the premium due amended, of the policy shown in January 15,1954. on the crop harvested or to be harvested in § 418.210 is amended to read as follows: [ seal] C. S. Laidlaw, the calendar year in which the cancellation Secretary, date occurs, remains unpaid, the contract (b) Any unpaid amount of any premium shall terminate ag if canceled by the Cor­ Federal Crop Insurance Corporation. or any other amount owed the Corporation poration prior to such concellation date. by the insured may be deducted from any in­ Any notice of cancellation by the insured Approved on January 22,1954. demnity payable by the Corporation or from shall be in writing and shall be filed with any loan or any payment made to the in­ True D. M orse, the county office. The Corporation shall sured under any act of Congress or program mail any notice of cancellation to the in­ Acting Secretary of Agriculture. administered by the United States Depart­ sured’s last known address and mailing shall ment of Agriculture. There shall be no [F. R. Doc. 54-t584; Filed, Jan. 27, 1954; constitute notice to the insured. refund of any annual premium overpayment 8:52 a. m.] * * * * • of less than $1.00 unless written request for (d) If the Corporation determines that such refund is received by the Corporation the county minimum participation require­ within one year after the payment thereof. ment established by the Federal Crop In­ 7. Section 18 of the policy shown in [Amdt. 5] surance Act, as amended, is not met for any crop year, insurance shall not be in effect for § 418.210 is amended to read as follows: P art 418—W h e a t C rop I n s u r a n c e that crop year and the contract shall terminate. 18. Insurance unit. Losses shall be deter­ mined separately for each insurance unit ex­ Subpart—R e g u l a t io n s for t h e 1953 and cept as provided in section 19 (b ). An in­ S u c c eed in g C rop Y ears 5. Section 12, as amended, of the policy shown in § 418.210 is amended to read as surance unit consists of (a) all the insurable acreage of wheat in the county in which the miscellaneous a m e n d m e n t s follows: insured has 100 percent interest in the crop The above identified regulations, as 12. Amount of annual premium, (a ) The at the time of seeding, or (b ) all the insur­ premium rate per acre will be established by able acreage of wheat in the county owned amended (16 P. R. 9628, 11565; 17 P. R. by one person which is operated by the in­ 189, 10537; 18 P. R. 439, 3632, 6990, 7222), the Corporation for the coverage and rate area in which the insured acreage is located sured as a share tenant, or (c) all the in­ are hereby amended for all counties, and will be shown, by practice(s), where surable acreage of wheat in the county which effective beginning with the 1955 crop applicable, on the county actuarial table on is owned by the insured and is rented to one share tenant at the time of seeding. For any year, as follows: file in the county office. The annual crop year of the contract, acreage shall be 1. The table following paragraph (a) premium for each insurance unit under the considered to be located in the county if a contract will be based upon ( 1 ) the insured of § 418.204 (fo rm e rly designated coverage is shown therefor on the county acreage of wheat, ( 2) the applicable premium § 418.154) is amended by changing the actuarial table. Land rented for cash or rate(s) and (3) the insured interest(s) in closing date for all counties in Idaho, for a fixed commodity payment shall be con­ the crop at the time of seeding. There will Oregon, and Washington to October 31, sidered as owned by the lessee. and establishing a closing date of August be a reduction in the annual premium for each insurance unit of 4 percent for the 8. Item 4 of the “ Production Schedule’* 31 for Bennett County, South Dakota. first full 200 acres of insured acreage on the 2. Section 2, as amended, of the policy unit and an additional 2 percent reduction contained in section 19, as amended, of shown in § 418.210 (formerly designated for each additional full 100 acres, provided, the policy shown in § 418.210 is amended § 418.160) is amended to read as follows: however, that the total reduction shall not to read as follows: 470 RULES AND REGULATIONS

2110, 5633, 8206, 8471; 18 P. R; 440, 3633, (Secs. 506, 516, 52 Stat. 73, as amended, 77 as Stage 3994, 6990), are hereby amended, effec­ amended; 7 U. S. C. 1506, 1516. Interprets Acreage classification of cov­ Production to be erage to counted tive beginning with the 1954 crop year, or applies secs. 507-509, 52 Stat. 73- 75, as be used amended, Pub. Law 261, 83d Cong.; 7 U S C by adding a § 419.14 to read as follows: 1507-1509) § 419.14 Eligibility for insurance. 4. Acreage from which T The number of Adopted by the Board of Directors on threshed wheat as deter­ H bushels obtained Notwithstanding the provisions of sec­ January 15,1954. mined by the Corpora­ I by (1) multiply­ tion 8 (b), as amended, of the policy as tion (1) does not grade R ing the bushels of No. 3 or better and does D such threshed shown in § 419.13, insurance may be pro­ [ s e a l] C. S . L a id la w , not grade No. 4 or 5 on wheat by the vided in any crop year to any person who Secretary, the basis of test weight value per bushel only (determined in ac­ as determined by canceled his contract for that crop year Federal Crop Insurance Corporation. cordance with the Offi­ the Corporation, and who as owner-operator or tenant- cial drain Standards of and (2) dividing Approved on January 22,1954. the United States) be­ the result thus operator files an application for insur­ cause of poor quality due obtained by the ance after the cancellation date and by T r u e D . M orse, to insurable causes, and lower of the fixed the applicable closing date preceding Acting Secretary of Agriculture. would not meet these price orthe Com­ requirements if properly modity Credit such crop year, provided the interest (s) [F. R. Doc. 54-581; Filed, Jan. 27, 1954* handled, and (2) has a C orporation covered by such application for insur­ 8:52 a. m .] value per bushel which county loan rate is less than the lower of for No. 5 wheat ance is not limited to the identical inter­ the fixed price or the on the basis of est (s) which was insured under the Commodity Credit Cor­ test weight. poration eounty loan canceled contract. P art 422— Citrus Crop Insurance rate for No. 5 wheat on (Sec. 506, 516, 52 Stat. 73, as amended, 77, as the basis of test weight- amended; 7 U. S. C. 1506, 1516. Interprets or SUBPART— REGULATIONS FOR THE 1954 AND applies secs. 507-509, 52 Stat. 73-75, as SUCEEDING CROP YEARS 9. Subsection, (a ), of section 30, as amended, Pub. Law 261, 83d Cong., 7 U. S. C. amended, of the policy shown in § 418.210 1507-1509) By virtue of the authority contained is deleted. in the Federal Crop Insurance Act, as Adopted by the Board of Directors on amended, the “Regulations for the 1953 10. Subsection (d) of section 30, as January 15, 1954. amended, of the policy shown in § 418.210 and Succeeding Crop Years” (18 F. R. is amended to read as follows: [ s e a l ! C . S. L a id l a w , 440), which shall continue in full force Secretary, and effect for the 1953 crop year, are (d ) “County office” means the Corpora­ hereby amended for the 1954 and suc­ tion’s office for the county, shown on the Federal Crop Insurance Corporation. ceeding crop years to read as set forth application for insurance or such other office Approved on January 22, 1954. as may be specified by the Corporation from below. The provisions of this subpart time to time. T r u e D. M orse, shall apply, until amended or super­ Acting Secretary of Agriculture. seded, to all citrus contracts as they re­ 11. Section 30, as amended, of the late to the 1954 and succeeding crop policy shown in § 418.210 is further [F. R. Doc. 54—583; Filed, Jan. 27, 1954; years. amended by adding a subsection (k) to 8:52 a. m.] read as follows: Sec. 422.21 Availability of citrus crop insurance. (k) “County” means the area shown on 422.22 Coverages per acre. the county actuarial table which may include [Arndt. 14] 422.23 Premium. farms located in a local producing area(s) 422.24 Application for insurance.. bordering on the county. P art 420—M ultiple Crop I nsurance 422.25 Public notice of indemnities paid. 12. Section 32, as amended, of the 422.26 Creditors. Subpart—R egulations for the 1950 422.27 Changes in continuous contracts policy shown in § 418.210 is amended and Succeeding Crop Y ears covering the 1953 and succeeding by deleting the maturity dates and crop years. changing the discount date to November SINGLE CROP SETTLEMENT 422.28 The policy. 30 for all counties. The above identified regulations, as A u t h o r it y : §§ 422.21 through 422.28 is­ 13. Section 32, as amended, of the amended (14 P. R. 5303, 6787, 7827; 15 sued under secs. 506, 516, 52 Stat. 73, as policy shown in § 418.210 is further F. R. 2485, 2622, 3077, 4161, 9633, 9271; amended, 77, as amended; 7 U. S. C. 1506, amended by establishing a cancellation 16 P. R. 579, 4300, 4829, 12111, 12765; 17 1516. Interpret or apply secs. 507-509, 52 date of April 30, and a discount date of P. R. 2110, 2385, 3265, 3671, 5082, 5933, Stat. 73-75, as amended, Pub. Law 261, 83d November 30 for Bennett County, South 8206, 10537, 11257, 11379; 18 F. R. 151, Cong,; 7 U. S. C. 1507-1509. Dakota. 440, 3634, 4418, 6282, 6992, 7222, 8080, § 422.21 Availability of citrus crop in­ (Secs. 509, 516, 52 Stat. 73, as amended, 77, 8530), are hereby amended, effective be­ surance. Citrus crop insurance will be as amended; 7 U. S. C. 1506, 1516. Interpret ginning with the 1954 crop year, as fol­ provided in Orange and Polk Counties, or apply secs. 507-509, 52 Stat. 73-75, as lows : . Florida, except that insurance will not amended, Pub. Law 261, 83d Cong.; 7 U. S. C. 1. The following section is added: 1507-1509) be provided in a county for any crop § 420.36 Single crop settlement. Not­ year unless the minimum participation Adopted by the Board of Directors on withstanding any other provisions of this requirement prescribed by the Federal January 15, 1954. subpart to the contrary, the Manager of Crop Insurance Act, as amended, is met before the June 1 following the begin­ [ s e a l ] c . S. L a id l a w , the Corporation is authorized, in coun­ Secretary, ties designated by him, in any case the ning of "such crop year. For this pur­ Federal Crop Insurance Corporation. insured so elects, to compute premi­ pose an insurance unit shall be counted um (s) and indemnity (ies) as though as one farm. Approved on January 22,1954. each crop insured were the only crop § 422.22 Coverages per acre. The T r u e D. ^ I orse, insured under the contract. For the Corporation shall establish coverages Acting Secretary of Agriculture. first crop year in which such election is per acre by areas which shall not be in [F. R. Doc. 54-582; Filed, Jan. 27, 1954; authorized in a county and for the first excess of the maximum limitations pre­ 8:52 a. m.] crop year of any contract, the election scribed by the Federal Crop Insurance must be made before the closing date Act, as amended. Coverages so estab­ for filing applications for insurance. lished shall be shown on the county Thereafter, any election or change file in [Arndt. 6] actuarial table which shall be on therein shall be in writing and filed in the county office and may be revised from P art 419— Cotton Crop I nsurance the county office prior to thè cancellation year to year. Subpart—R egulations for the 1952 date for the crop year the change is to § 422.23 Premium, (a) The Cor­ and Succeeding Crop Y ears become effective. The combination of poration shall establish premium rates insurance units provided for in section eligibility for insurance per acre by areas for all acreage for 13 of the policy shall not be permitted which coverages are established and such The above identified regulations, as in counties designated under this sec­ rates shall be those deemed adequate to amended (16 P. R. 7975, 11565; 17 P. R. tion. cover claims for citrus crop losses and Thursday, January 28, 1954 FEDERAL REGISTER 471 to provide a reasonable reserve against TERMS AND CONDITIONS following the year in which the Insurance period begins, unless such time is extended unforeseen losses. Premium rates so 1. Citrus crops insured, (a) The kinds of in writing by the Corporation. citrus insured shall be all varieties of established shall be shown on the county 8. Causes of loss not insured against. The oranges, grapefruit, and tangerines. actuarial'table which shall be on file in contract shall not cover loss caused by (a ) (b) Insurance for each crop year of the the county office and may be revised failure to follow recognized good grove prac­ contract shall cover only citrus fruit that tices, (b ) failure properly and without un­ from year to year. normally matures within such crop year and reasonable delay to care for, harvest, salvage, (b) The premium for each crop yearshall not cover any fruit on the trees which or market the insured citrus crops, (c) fail­ shall be paid before the beginning of matures before August 1 of such crop year. ure of a marketing agency or buyer to accept the insurance period for such crop year 2. Insurable acreage. For each crop year delivery of marketable fruit, (d) drought, of the contract, any acreage is insurable only except that payment may be deferred (e) flood, (f) lightning, (g ) fire, (h ) exces­ if a coverage for such acreage is shown on upon the insured making arrangements sive rain, (i) wildlife, (j) insect infestation, the county actuarial table for that crop year. satisfactory to the Corporation for the (k ) plant disease, (1) normal dropping of Acreage having a potential production for fruit, (m) neglect or malfeasance of the payment of the premium. • The Cor­ any crop year of less than 100 standard field insured or of any person in his household or poration may charge interest at not to boxes per acre is uninsurable for that crop employment or connected with the grove as exceed 6 percent per annum on deferred year. caretaker, tenant or wage hand, or (n) any 3. Responsibility of insured to report payments. cause of loss other than freeze, hall, hurri­ acreage and interest. For the initial crop cane, or tornado; nor shall it cover damage § 422.24 Application for insurance. year of the contract, the insured shall to blossoms. Application for insurance on a form ap­ specify on his application all the insurable 9. Amount of annual premium, (a ) The proved by the Corporation may be made acres of citrus in the county in which he has annual premium for each Insurance unit un­ an interest on the date of premium payment by any person to cover his interest as der the contract will be based upon ( 1 ) the for such crop year and his interest in each landlord, owner-operator, or tenant in a insured acreage, (2) the applicable premium such acreage. These data shall be revised by citrus crop. A supplemental application rate(s), and (3) the insured interest(s) in may be submitted to cover any interest the insured on or before the date of premium the citrus crop(s) on the date of premium payment for each succeeding crop year pro­ payment for each crop year. The annual in citrus acreage acquired after the date vided that the data on the application or premium for the contract shall be the total of premium payment for any crop year. latest revision are incorrect, to show the of the premiums computed for the insured For any crop year, applications and actual insurable acreage of citrus in which for all insurance units covered by the con­ he has an Interest on such date and his in­ supplemental applications may be sub­ tract. The annual premium with respect to

mitted to the county office until such terest therein. If such data are not so revised any insured acreage shall be regarded as for any crop year, the data on the latest re­ time as the Manager of the Corporation earned on the beginning of the insurance terminates the sale of citrus insurance vision or the application if there has been no period of each crop year. for such crop year. revision, shall constitute the insured’s report (b) The insured’s annual premium for of his citrus acreage and his interest therein any year may be reduced 25 percent if he § 422.25 Public notice of indemnities on the date of premium payment for such has had seven consecutively insured citrus paid. The Corporation shall provide for crop year. crops (immediately preceding the current the posting annually in each county at 4. Insured acreage. For each crop year of crop year) without a loss for which an in­ the contract the insured acreage with respect demnity was paid. Nothing in this para­ the county courthouse of a list of indem­ to each insurance unit shall be the insurable nities paid for losses in the county. graph shall create in the insured any right acreage of citrus in which the insured has to a reduced premium. § 422.26 Creditors. An interest in an an interest on the date of premium payment, 10. Manner of payment of premium, (a ) insured crop existing by virtue of a lien, as reported by the Insured or as determined Payment on any premium shall be made by by the Corporation, whichever the Corpora­ means of cash or by check, money order, or mortgage, garnishment, levy, execution, tion shall elect: Provided, however, That the bankruptcy, or any involuntary transfer bank draft payable to the order of the Treas­ insured acreage shall not include acreage in urer of the United States. All checks and shall not entitle any holder of any such which the insured does not have an interest drafts will be accepted subject to collection interest to any benefits under the on the date insurance attaches. and, no payment shall be regarded as paid contract. 5. Insured interest. For each crop year of unless collection is made. the contract the Insured interest in the citrus (b) There shall be no refund of any an­ § 422.27 Changes in continuous con­ crops covered by the contract shall be the nual premium overpayment of less than $1.00 tracts covering the 1953 and succeeding insured’s interest on the date of premium unless written request for such refund is payment, as reported by the insured or as received by the Corporation within one year crop years. Continuous citrus insurance determined by the Corporation, whichever contracts in effect for the 1953 and suc­ after the payment thereof. the Corporation shall elect: Provided, how­ 11. Notice of loss or damage, (a) Notice ceeding crop years shall be amended for ever, That such insured interest shall not in writing shall be given the Corporation at 1954 and succeeding crop years so that exceed the insured’s interest on the date in­ the county office within 7 days after each the terms and conditions of such con­ surance attaches. For the purpose of deter­ material damage to the insured crop on any mining the amount of loss the insured tracts will conform with the terms and insurance unit from an insured cause. Such interest shall not exceed the insured’s actual notiee shall state the cause and date of conditions of the policy set forth in this interest at the time of damage. damage and the insured’s estimate of the subpart. 6. Coverage per acre, (a) The coverage(s) percentage of damage. per acre shall be the number of dollars (b) In the case of freeze or hall, if the § 422.28 The policy. The provisions established by the Corporation for the area extent of damage cannot be determined until of the policy for the 1954 and succeeding in which the insured acreage is located, and after the damaged fruit is harvested, an crop years are as follows: will be shown on the county actuarial table additional notice in writing, stating the date on file in the county office. that harvest of the damaged fruit was com­ Pursuant to the provisions of the appli­ (b) Where more than one coverage per pleted for the insurance unit, shall be given cation upon which this policy is issued, acre is established'for a county and shown the Corporation at the county office within which application together with this policy on the county actuarial table, the amount 15 days of such date. shall constitute the contract, and subject to of coverage elected by the insured shall be (c) If notice(s) is not given as required the terms and conditions set forth herein, specified on the application for insurance. by this section, the Corporation reserves the the Federal Crop Insurance Corporation However, the insured may elect to change right to reject any claim for indemnity. (herein called the “Corporation” ) does in­ sure ______A______from one coverage to the other by so advis­ 12. No abandonment. ' There shall be no ing the Corporation in writing at the county liability under the contract on any citrus (Nam e) (Policy No.) office on or before the date of premium pay­ crop or part thereof which is abandoned by ------, ------Florida (here- ment for the crop year the change is to the insured without a release by the Cor­ (Address) (County) become effective. poration. There will be no abandonment of in called the “insured”) , against unavoidable 7. Insurance period. For any insured any crop or portion thereof to the Corpora-, loss on his citrus crops due to freeze, hail, acreage insurance shall attach, subject to tion. hurricane, or tornado. the provisions of section 20, on the first 13. Proof of loss. For each insurance unit In witness whereof, the Corporation has April 1 of each crop year or 10 days after on which a loss is claimed, the insured shall caused this policy to be issued t h is ______submit to the Corporation, on a form ap­ day of ______t 195___ the date of premium payment (see section 25 (e )) for such acreage for such crop year, proved by the Corporation, such Information F ederal Crop I nsurance whichever is later. Insurance shall cease regarding the manner and extent of the loss Corporation, with respect to any portion of a citrus crop as may be required by the Corporation. This By ------i covered by the contract upon harvest but form containing such information shall be (State Crop Insurance in no event shall the insurance remain in executed and submitted for each loss Director) effect after June 30 of the calendar year claimed, within (a) 90 days after the time 472 RULES AND REGULATIONS

of damage in the case of hurricane or tor­ to keep records satisfactory to the Corpora­ shall have access to such records and the nado or (b) 60 days after the completion tion of the acreages Involved and the pro­ grove (s) for purposes related to the contract. of harvesting the damaged fruit in the case duction from each, the Corporation may (1) 20. Life of contract, termination or can­ of freeze or hail, but in no event later than deny liability with respect to all Insurance cellation thereof. The contract shall be in Jxxly 31 following the crop year in which the units involved for the crop year and declare effect for the first crop year specified on the loss occurred, unless additional time is the premium on such units forfeited by the application subject to the provisions of granted in writing by the Corporation, It Insured, or (2) allocate either the com­ subsections (c) and (d) of this section, and shall be a condition precedent to any liability mingled production or the amount of loss Shall continue in effect for each succeeding under the contract that the insured estab­ or both between the acreage involved in such crop year subject to the provisions of sub­ lish the amount of any loss for which claim manner as it determines appropriate. sections (a ), (b ), (c ) and (d ) of this section. is made, and that such loss is not due to 16. Payment of indemnity, (a) Any in­ (a ) The contract shall terminate if for uninsured causes and has been directly demnity will be payable by check within any crop year the premium, computed on caused by one or more of the hazards insured thirty days after satisfactory proof of loss the basis of the insured’s latest report of against by the contract during the insurance is approved by the Corporation, but if pay­ his citrus acreage, is not paid before the period for the crop year for which loss is ment is delayed for any reason the Corpora­ June 1 following the beginning of such claimed. tion shall not be liable for interest or damage crop year, such termination to become ef­ 14. Insurance unit. Losses shall be deter­ on account of such delay. fective beginning with the crop year for mined separately for each insurance unit (b ) If the insured dies, is Judicially de­ which such premium Is not paid. For the except as provided in section 15 (e). An clared incompetent or disappears during an purpose of this section, any premium for insurance unit consists of (a ) all the in­ insurance period any indemnity which is, which the insured has made arrangements surable acreage of citrus in the county in or becomes, part of his estate shall be paid for payment satisfactory to the Corporation which the insured has 100 percent interest to the legal representative of the estate. shall be deemed paid. on the date of premium payment for the Should no such representative be qualified, (b ) Cancellation may be made by either crop year, that is located on contiguous land the Corporation may pay the indemnity to party giving written notice to the other party under the same ownership, or (b) all such the person (s) it determines to be beneficially insurable acreage in the county in which on or before the cancellation date which entitled thereto or to any one or more of shall be the day preceding the beginning of two or more persons have 100 percent interest such persons on behalf of all such persons, on the date of premium payment for the the insurance period for the crop year for or may withhold payment until a legal rep­ which the cancellation is to become effec­ crop year, that is located on contiguous land resentative of the estate is qualified. In tive. Any notice of cancellation by the in­ under the same ownership, excluding any such cases, and in any other case where an other acreage of citrus in which such persons sured shall be in writing and shall be filed indemnity is claimed by a person(s) other with the county office. The Corporation do not have 100 percent interest on such than the original insured or diverse inter­ date. Land rented for cash or for a fixed shall mail any notice of cancellation to the ests appear with respect to any insurance insured’s last known address and the mail­ commodity payment shall be considered as unit, the determination of the Corporation owned by the lessee. Contiguous land shall ing of such notice shall constitute notice to as to the existence or nonexistence of a the insured. include only land that is touching at any circumstance in the event of which payment (c) If the Corporation determines that the point except that land that is separated may be made and of the person (s) to whom only by a public or private way shall be county minimum participation requirement such payment shall be made shall be final considered contiguous. For any crop year established by the Federal Crop Insurance and conclusive. Payment of an indemnity of the contract acreage shall be considered Act, as amended, is not met for any crop shall constitute a complete discharge of the to be located in the county if a coverage is year before the June 1 following the begin­ Corporation’s obligations with respect to the shown therefor on the county actuarial table. ning of such crop year, insurance shall not loss for which such indemnity is paid and 15. Amount of loss, (a) The amount of be in effect for that crop year and the con­ shall be a bar to recovery by any other loss with respect to any insurance unit shall tract shall terminate. person(s). (d ) The contract shall terminate upon be determined by multiplying the coverage 17. Transfer of interest. fa) If the in­ for such unit by the weighted average per­ death or judicial declaration of incompetence sured transfers all or a part 'of his insured cent of damage for all citrus crops on such of the insured, except that if such death or interest in a citrus crop before the end of the unit, except that no loss shall be payable if judicial declaration of incompetence occurs insurance period the transferee upon writ­ the weighted average percent of damage for after the beginning of the insurance period ten request made by the transferor will be the unit on the insured crop during, the in any crop year but before the end of the entitled to the benefits of the contract, and insurance period is less than 10 percent. . insurance period for such year, the contract subject to its terms and conditions, accru­ (b ) The amount of coverage with respect shall terminate at the end of the latest in­ ing after the transfer with respect to the in- surance period for which insurance attached. to any insurance unit shall be determined erest so transferred. Any transfer shall be by multiplying the insured acreage of citrus 21. Changes in contract. The Corporation subject to any collateral assignment made by reserves the right to change the premium .on such unit by the insured interest and the the original insured in accordance with sec­ result by the coverage per acre. rate(s), insurance coverage(s), and other tion 18. However, the Corporation shall not terms and provisions of the contract from (c) The weighted average percent of dam­ be liable for a greater amount of indemnity year to year. Notice of such changes shall age for all citrus crops on any insurance unit in connection with the insured crop than shall be based upon thé percent of damage be mailed to the insured or placed on file would, have been paid if the transfer had not in the county office by the March 1 preced­ to each kind of fruit on the unit and the taken place. insurable acreage in each such kind. ing the beginning of the crop year for which (b ) If a transfer is effected in accordance such changes are to become effective and (d) The percent of damage for each kind with paragraph (a ' above, the contract of the such mailing or filing shall constitute no­ of fruit on any insurance unit shall be the transferor shall cover the interest so trans­ tice to the insured. Failure of the insured ratio of the number of standard field boxes ferred only to the end 6f the insurance period to cancel the contract as provided in section of fruit lost from an insured cause(s) to the for the crop year during which the transfer 20 shall constitute his acceptance of any total number of standard field boxes of such is made. such changes. If no notice is given, the kind of fruit which was or would have been 18. Collateral assignment. The original terms and provisions of the contract for the produced, as determined by the Corporation. Insured may assign his right to an indemnity prior year shall continue in force. In the case of partial damage by freeze or for any year under the contract by executing 22. Voidance of contract. The Corpora­ hail, the number of standard field boxes of a collateral assignment on a form prescribed tion may void the contract and declare the partially damaged fruit lost will be deter­ by the Corporation and upon approval there­ premium(s) forfeited without waiving any mined by the Corporation on the basis of of by the Corporation the interest of the as­ right or remedy including the right to col­ 85 pounds per box for grapefruit, 90 pounds signee will be recognized and the assignee lect any unpaid premium(s) if (a ) at any per box for oranges, and 95 pounds per box shall have the right to submit the loss notices time, either before or after loss, the insured for tangerines. The number of boxes of each and forms required by the contract if the has concealed or misrepresented any mate­ kind of fruit which was or would have been insured neglects or refuses to take such rial fact (including his insurable acreage or produced shall include ( 1 ) fruit picked be­ action. his interest therein) or committed any fraud fore the insured damage occurs, ( 2) fruit 19. Records and access to grove. For the relating to the contract, or (b ) the insured remaining on the trees after the damage purpose of enabling the Corporation to de­ fails to give any notice or otherwise fails to occurs, (3) fruit lost from the insured comply with the terms of the contract at the cause(s) of damage, and (4) any other fruit termine any loss that may have occurred time and in the manner prescribed. not included in items ( 1 ) through (3) , in­ under the contract, the insured shall keep, or cause to be kept, for two years after the 23. Modification of contract. No notice cluding fruit lost from causes not insured to any representative of the Corporation or against. Fruit lost shall include any fruit time of loss, records of the harvesting, stor­ age, shipment, sale, or other disposition of knowledge; possessed by any such representa­ which is unmarketable as fruit or for juice tive or by any other person shall be held to due to an insured cause (s) and the destroyed all citrus produced on each insurance unit covered by the contract, and separate rec­ effect a waiver of or a change in any part of portion (based on weight) of any fruit which the contract, or to estop the Corporation ords showing the same information for pro­ is partially damaged by freeze or hail, as from asserting any right or power under such determined by the Corporation. duction on any uninsured acreage in the , contract, nor shall the terms of such con­ (e) If the production firom an Insurance county in which he has an interest. As tract be waived or changed except as au­ unit is commingled with the production often as may be reasonably required, any thorized in writing by a duly authorized from any other acreage and the insured fails person (s) designated by the Corporation representative of the Corporation; nor shall Thursday, January 28, 1954 FEDERAL REGISTER 473 any provision or condition of this contract Sec. such activities are performed: Provided, or any forfeiture be held to be waived by any 214k.4 Persons ineligible to employ agri­ that the provisions of this subparagraph delay or omission by the Corporation in exer­ cultural workers; report on work­ and subparagraph (4) of this paragraph cising its rights and powers thereunder. er’s leave of employment. shall not be applicable to services per­ 24. Forms* Copies of the forms referred 214k.5 Extension of stay; conditions. to in policy are available at the county 214k.6 Readmission after temporary visits formed in connection with commercial office. to Mexico. canning or commercial freezing, or in 25. Meaning of terms. For purposes of the 214k.7 Previous removal, deportation; con­ connection with any agricultural or citrus insurance program the terms: sent to reapply. horticultural commodities after their (a) “County” means the area shown on 214k.8 Failure to maintain nonimmigrant delivery to a terminal market for dis­ the county acturial table which may include status; arrest and further pro­ tribution or consumption. groves located in local producing area(s) ceedings. (c) The term “employer” means: bordering on the county. SUBPART B---PROCEDURAL AND OTHER (b) “County actuarial table” means the (1) The operator of agricultural prop­ NONSUBSTANTIVE PROVISIONS ’ form(s) and related materials (including erty who is engaged in agricultural the crop insurance maps) which are approved 214k.21 Conveyance of aliens to reception employment and who has not been dis­ annually by the Corporation and show the centers. approved by the Commissioner of Im ­ coverages per acre and the premium rates 214k.22 Immigration inspection at reception migration and Naturalization or an per acre applicable in the county. centers; authority to admit. immigration officer acting for him; or (c) “County office” means the Corpora­ 214k.23 Reemployment in the United States. (2) A processor, shipper, or marketer tion’s office for the county, shown on the 214k.24 Duplicate identification cards. Of agricultural products who employs application for insurance or such other office 214k.51 Extension of period of admission. as may be specified by the Corporation from agricultural workers for work on crops A u t h o r it y : §§ 214k.l to 214k.51 issued un­ time to time. purchased by him and who has not been der sec. 103, 66 Stat. 173; 8 U. S. C. 1103. disapproved by the Commissioner of Im ­ . ( d ) “Crop year” means the period begin­ Interpret or apply Title V, 65 Stat. 119, secs. ning April 1 and extending through June 30 214, 241, 242, 264, 405, 66 Stat. 189, 204, 208, migration and Naturalization or an im­ of the following calendar year and shall be 224, 281; 7 U. S. C. 1461-1468, 8 U. S. C. 1184, migration officer acting for him; or designated by reference to the calendar year 1251, 1252, 1304, 1101 note. (3) An association or other group of in which the insurance period begins. employers as defined in subparagraph (e) “Date of premium payment” means SUBPART— SUBSTANTIVE PROVISIONS ( 1) or (2) of this paragraph which has the date an official receipt is issued to the insured by an authorized representative of § 214k.I Definitions. As used in this not been disapproved by the Commis­ the Corporation acknowledging that pre­ part: sioner of Immigration and Naturaliza­ mium payment has been received in the (a) The term “agricultural worker** tion or an immigration officer acting for county office or that satisfactory arrange­ means a native-born citizen of Mexico him, but only if those of its members for ments for the payment of the premium have at least 18 years of age who is a bona whom agricultural workers are being ob­ been approved by the County office. fide resident of Mexico and who seeks tained are bound, in the event of its de­ (f) “Harvest” means (i) any severance of to enter the United States temporarily fault, to carry out the obligations under­ the fruit from the tree either by pulling or taken by it, unless the Secretary of Labor clipping or (ii) picking the marketable fruit for the sole purpose of engaging in agri­ from the ground. cultural employment as defined in this determines that such individual liability (g) “Person” means an individual, part­ section, and who is legally admitted to is not necessary to assure performance nership, association, corporation, estate, or the United States for such purpose. of such obligations. trust, or other business enterprise or other (b) The term “agricultural employ­ (d) The term “certification** means legal entity and wherever applicable, a State, ment” means employment in connection the finding and determination by the a political subdivision of a State, or any with: Secretary of Labor that (1) sufficient agency thereof. (1) Cultivation and tillage of the soil, domestic workers who are able, willing, Note: The reporting and/or record keep­ planting, production, cultivation, grow­ and qualified are not available at the ing requirements contained herein have been ing, and harvesting of any agricultural time and place needed to perform the approved by the Bureau of the Budget in or horticultural commodities, and any work for which agricultural workers are accordance with the Federal Reports Act of to be employed, (2) the employment of 1942. operations (including any forestry or lumbering operations) performed by a such workers will not adversely affect Adopted by the Board of Directors on farmer or on a farm as an incident to the wages and working conditions of do­ January 15, 1954. or in connection with such activities, mestic agricultural workers similarly em­ including the raising, shearing, feeding, ployed, and (3) reasonable efforts have [ seal] r C. S. L a id l a w , caring for, training and management been made to attract domestic workers Secretary, for such employment at wages and Federal Crop Insurance Corporation. of livestock, preparations for market, delivery to storage, or to market, or to standard hours of work comparable to Approved on January 22, 1954. a carrier for transportation to market, those offered to foreign workers. (e) The term “work agreement” T r ue D. M orse, and cotton ginning; or Acting Secretary of Agriculture. (2) The maintenance of a farm and means the contract entered into by the its tools and equipment, or salvaging of Secretary of Labor on behalf of the* [F. R. Doc. 54r-580; Filed, Jan. 27, 1954; timber or clearing land of brush and United States, the employer, and the 8:51 a. m.] other debris left by a hurricane, if the agricultural worker with respect to the major part of such service is performèd terms and conditions of employment. on a farm; or (f) The term “reception center” TITLE 8— ALIENS AND (3) The maintenance of ditches, means any place established by the Sec­ NATIONALITY canals, reservoirs, or waterways, not retary of Labor within the united States owned or operated for profit and used to which workers are brought to be em­ Chapter I— Immigration and Natural­ exclusively for supplying or storing water ployed by employers and to which the ization Service, Department of for farming purposes; or workers will return upon termination of Justice (4) The handling, drying, packing, the work agreement. packaging, processing, freezing, grading, (g) The term “Secretary of Labor” Subchapter B— Immigration Regulations or storing, in its unmanufactured state means the Secretary of Labor of the Part 214k—Admission op N o nim m i­ of any agricultural or horticultural com­ United States or his duly authorized grants : U nilateral A dmission op modity for the operator of a farm; but representative. Mexican A gricultural W orkers only if such operator shall have pro­ § 214k. 2 Conditions of admission. A Chapter I of Title 8 of the Co'de of duced more than one-half of the com­ Mexican alien who applies for admission Federal Regulations is amended by add­ modity with respect to which the service to the United States as an agricultural ing thereto Part 214k as follows: is performed; or worker shall, as conditions of admission: STJBPART A— SUBSTANTIVE PROVISIONS (5) Any of the activities described in (a) Establish that he is in all respects Sec. subparagraph (4) of this paragraph for admissible under the provisions of the 8143E.L Definitions. a group of operators of farms, but only immigration laws; oia^'2 Conditions of admission. if such operators shall have produced (b) Have been selected by an em­ 214k.3 Admission; period; revocation. the commodities with respect to which ployer; 474 RULES AND REGULATIONS

(c) Establish to the satisfaction of (b) I f an agricultural worker leavestain his nonimmigrant status within the the examining immigration officer that, his employment without proper authori­ meaning of section 241 (a) (9) of the if admitted, he will comply with all of zation, or dies (from either natural or Immigration and Nationality Act if: the conditions of such admission; and accidental causes), or becomes seriously ( 1) He remains in the United States (d) Have been selected by the Secre­ ill or injured, the employer shall sub­ after the expiration of the time for tary of Labor as a qualified agricultural mit an appropriate report within five which he is temporarily admitted or worker. days to the district director having juris­ after the expiration of any authorized diction over the reception center at extension of such period; or § 214k.3 Admission; period; revoca­ which the worker was admitted. Such (2) He violates or fails to fulfill any of tion. A Mexican alien found ad­ report shall contain ( 1) the worker’s the other conditions of his admission to, missible under § 214k.2 may be ad­ name, as shown in the employer’s copy mitted to the United States as an or extended stay in, the United States; of the work agreement; (2) the worker’s or agricultural worker, provided: Form I-100a number; (3) the location (3) He evidences orally or in writing (a) That the initial period of ad­ of the reception center at which the or by conduct an intention to violate or mission shall be that specified in the worker was originally employed; and (4) certification of the Secretary of Labor, to fail to fulfill any of the conditions of the date the employment of the worker his temporary admission to, or extended but shall not exceed six months; and ceased. Upon failure of an employer to stay in, the United States; or (b) That the period of temporary furnish the report required by this para­ (4) He remains in the United States admission shall be subject to immedi­ graph, his authorization to import,and after the period of his temporary ad­ ate revocation, without notice, by the employ agricultural workers may be mission or extended stay is revoked. district director of the district having revoked. (b) Any alien admitted under this jurisdiction over the place of the § 214k.5 Extension of stay; condi­ part who fails to maintain his nonimmi­ worker’s employment upon ( 1) failure grant status shall be subject to being of the worker to maintain his status tions. An alien admitted to the United States as an agricultural worker may be taken into custody and to being made as an agricultural worker by accepting the subject of further proceedings under any employment or engaging in any granted an extension or extensions of the period for Which he was originally the applicable provisions of the immigra­ activities not specifically authorized, tion laws and regulations. or violation by the employer or worker admitted by the district director or the of the work agreement or of any con­ officer in charge having jurisdiction over SUBPART B— PROCEDURAL AND OTHER dition under which the importation of the place of the alien’s employment: NONSUBSTANTIVE PROVISIONS such worker shall have been authorized Provided, That any such extension shall § 214k.21 Conveyance of aliens to re­ or under which he is permitted to re­ be subject to the same conditions as ception centers. If the immigration offi­ main in the United States; or (2) with­ those imposed upon his original admis­ cer at the port of entry determines that drawal by the Secretary of Labor of sion: And provided further, That no ex­ an alien is a bona fide agricultural the certification furnished the em­ tension shall be granted which would worker and is admissible as such upon ployer; or (3) determination and noti­ permit such alien to remain in the United selection by an employer, he shall per­ fication by the Secretary of Labor that States in excess of three years from the mit the alien to proceed to the reception sufficient domestic workers who are date of his original admission. center in the custody of a representative able, willing, and qualified are available § 214k.6 Readmission after temporary of the Secretary of Labor. Such per­ at the time and place needed to per­ visits to Mexico, (a) An agricultural mission shall not be construed as a form the work for which such workers guarantee that the alien will be admitted are employed, or that the employment worker who has been admitted to the United States under this part may be to the United States, nor shall the alien of agricultural workers is adversely readmitted after temporary visits to be entitled to accept employment in the affecting the wages and working con­ Mexico on presentation of Form I-100a, United States unless and until he has ditions of domestic agricultural work­ been issued Form I-100a. Such aliens ers similarly employed, or that reason­ Alien Laborer’s Permit and Identification Card, if he still maintains the status of shall be conveyed directly from the port able efforts have not been made to an agricultural worker in the United of entry to the reception center at or attract domestic workers for such em­ near a port of entry, under the supervi­ ployment at wages and standard hours States. (b) An agricultural worker who Is sion of representatives of the Secretary of work comparable to those offered to granted a furlough shall be furnished a of Labor, for completion of immigration foreign workers. letter by his employer indicating the inspection. The conveyance of an agri­ § 214k.4 Persons ineligible to employ time for which the furlough is granted cultural worker to a reception center agricultural workers; report on worker’s and Stating that all contractual obliga­ shall not constitute an admission to the leave of employment, (a) No agricul­ tions will be reassumed upon the alien’s United States. Such alien shall be con­ tural workers shali be made available return to his employment after the fur­ sidered to have been admitted to the to, nor shall any such workers made lough. The letter shall be appropriately United States only after he has been in­ available be permitted to remain in the noted by a representative of the United spected and issued Form I-100a. employ of, any person ( 1) who has in States Employment Service to show ap­ § 214k.22 Immigration inspection at his employ any Mexican alien when such proval of the furlough. reception centers; authority to admit. person knows or has reasonable grounds § 214k.7 Previous removal, deporta­ (a) An alien conveyed to a reception to believe or suspect or by reasonable center who is found to be admissible as inquiry could have ascertained that such tion; consent to reapply. An alien who establishes that he is in all respects en­ an agricultural worker may be so ad­ Mexican ajfen is not lawfully within the mitted by the examining immigration United States, or (2) who has not re­ titled to admission as an agricultural worker except that he has been previ­ officer, at which time such officer shall ceived a certification from, or whose cer­ fingerprint the alien: tification is withdrawn by, the Secretary ously removed at Government expense pursuant to section 242 (b) of the Immi­ (1) By placing the rolled impression of of Labor, or (3) who the Secretary of the right index finger on the Form Labor determines has wilfully violated gration and Nationality Act, or has been excluded or arrested and deported, on I-100a, Alien Laborer’s Permit and Iden­ the individual work agreement. When­ tification Card, which shall be prepared ever it shall appear that a Mexican alien not more than one occasion solely be­ cause of illegal entry or lack of required in duplicate in each such case; and not lawfully in the United States is em­ (2) By placing complete fingerprints ployed by such a person, an investigation documents, is hereby granted consent to shall be made and a report submitted reapply for admission to the United of both hands on one copy of Form AR-4. to the district director having jurisdic­ States as an agricultural worker. (b) The examining immigration offi­ tion over the place of the alien’s employ­ § 214k.8 Failure to maintain nonim­ cer shall execute the obverse of Form ment. The temporary admission of all migrant status; arrest and further pro­ AR-4 and shall place thereon the serial agricultural workers employed by such a ceedings. (a) An alien admitted to the number of Form I-100a and a stamped person may be revoked in the manner United States as an agricultural worker notation reading “Admitted as agricul­ provided in § 2'14k.3. shall be deemed to have failed to main­ tural worker” ; and shall mail the exe- Thursday, January 28, 1954 FEDERAL REGISTER 475 cuted form direct to the Federal Bureau impede the entry to the United States N ote: The percentages listed in this table wiU vary as changes occur with respect to Investigation, of needed agricultural workers. of Washington 25, D. C. the area of unappropriated and unreserved (c) The alien shall be given the Form Dated: January 21, 1954. public lands and nontaxable Indian lands in I_I00a bearing his photograph and stat­ the several States, in which event such ing his name, place of birth, and citizen­ H erbert B r o w n e l l , Jr., changed percentages wiU be used by the Ad­ ship. Such form shall be duly noted by Attorney General. ministrator in determining the United States an immigration officer to show the date, Recommended: January 8, 1954. share of aUowable project costs other than place, and period of the alien’s admis­ costs of installing high intensity runway sion to the United States and shall be A rgyle R. M ackey, lighting on runways designated as instru­ ment landing runways. signed by such officer across the bottom Commissioner of Immigration of the photograph, partly on the photo­ and Naturalization. (Secs. 1-15, 60 Stat. 170-178, as amended; 49 graph and partly on the card. Such [F. R. Doc. 54-589; Filed, Jan. 27. 1954; U. S. C. and Sup., 1101-1114) noted card shall be the sole document re­ 8:53 a. m.J This amendment shall become effec­ quired for admission to the United States tive upon publication in the F ederal as an agricultural worker. R egister. TITLE 14— CIVIL AVIATION § 214k.23 Reemployment in the United [ seal! F. B. L ee, States. During the period for which he Chapter II— Civil Aeronautics Admin­ Administrator of Civil Aeronautics. is admitted, or any authorized extension istration, Department of Commerce [F. R. Doc. 54-550; Filed, Jan. 27, 1954; thereof, an agricultural worker may, with 8:45 a. m.] the approval of the district director hav­ [Amdt. 22 to Revision of May 10, 1949] ing jurisdiction over the place of the P art 550— F ederal Aid to Public A gen­ worker’s employment and the appropri­ cies for D evelopment of Public ate representative of the United States A irports [Amdt. 25] Employment Service, be reemployed by the same or another employer. When project costs P art 600—D esignation of Civil Airways an agricultural worker is so reemployed, Acting pursuant to the authority alterations his Form I-100a shall be appropriately vested in me by the Federal Airport Act, noted, and the officer in charge having I hereby amend Part 550 of the regula­ The civil airway alterations appearing administrative jurisdiction over the port tions of the Civil Aeronautics Adminis­ hereinafter have been coordinated with of the worker’s entry shall be notified. tration as follows: the civil operators involved, the Army, the Navy, and the Air Force, through the § 214k.24 Duplicate identification Section 550.4 (c) (1) is hereby amend­ ed to read as follows: Air Coordinating Committee, Airspace carets. A duplicate of Form I-100a may Subcommittee, and are adopted to be­ be issued to an agricultural worker in § 550.4 Project costs. * * * come effective when indicated in order the discretion of the district director or (c) United States share of, projectto promote safety of the flying public. the officer in charge having jurisdiction costs. * * * Compliance with the notice, procedures, over the place of the worker’s employ­ (1) Project costs other, than costs ofand effective date provisions of section ment if the original has b§en lost, muti­ installation of high intensity lighting on 4 of the Administrative Procedure Act lated, or destroyed. The officer in charge runways designated instrument landing would be impracticable and contrary to having administrative jurisdiction over runways. The United States share of public interest and therefore is not the port of the worker’s entry shall be the project costs (other than costs of required. notified of the issuance of such dupli­ installation of high intensity lighting on ' Part 600 is amended as follows: cate Form I - 100a. runways designated instrument landing 1. Section 600.104 Amber civil airway § 214k.51 Extension of period of ad­ runways) of an approved project for the No. 4 (Brownsville, Tex., to Minot, N. mission. Extension of the temporary development of an airport, regardless of Dak.) is amended between the “ Fort admission of an alien admitted to the the size or location of the airport to be Worth, Tex., radio range station” and the United States as an agricultural worker developed, shall be 50 percent of the “Tulsa, Okla., radio range station” to may be granted by the district director allowable project costs of the project read: “Fort Worth, Tex., radio range sta­ or the officer in charge having jurisdic­ (other than costs of installation of high tion; Oklahoma City, Okla., radio range tion over the place of the alien’s employ­ intensity lighting on runways designated station; the intersection of the south­ ment only upon determination and instrument landing runways), except east course of the Oklahoma City, Okla., certification by the Secretary of Labor that this share, in the case of any State radio range and the southwest course of that: containing unappropriated and unre­ the Tulsa, Okla., radio range; Tulsa, (a) Sufficient domestic workers who served public lands and nontaxable In ­ Okla., radio range station;”. are able, willing, and qualified are not dian lands (individual and tribal) 2. Section 600.235 is amended to read: exceeding 5 percent of the total area o f available at the time and place needed to § 600.235 Red civil airway No. 35 perform the work for which such work­ all lands therein shall be increased as provided in section 10 (b) of the act and (Pueblo, Colo., to »S t. Joseph, M o.), ers are to be employed; From the Pueblo, Colo., radio range sta­ (b) The employment of such workers except that the United States share shall be 75 percent in the case of the Territory tion via the La Junta, Colo., radio range will not adversely affect the wages and station; Garden City, Kans., radio range working conditions of domestic agricul­ of Alaska and the Virgin Islands, all as set forth in the following table: station; Hutchinson, Kans., radio range tural workers similarly employed; and station; the intersection of the east (c) Reasonable efforts have been made U nited States’ P ercentage Share op A ll o w ­ course of the Hutchinson, Kans., radio to attract domestic workers for such em­ able P roject Costs in States Co n t a in in g range and the southwest course of the U nappropriated and U nreserved Public Forbes AFB, Kans., radio range; Forbes ployment at wages and standard hours L ands and N ontaxable I n d ia n L ands of work comparable to those offered to AFB, Kans., radio range station to the foreign workers. A riz o n a ______60. 97 intersection of the northeast course of C alifo rn ia____ 54.21 the Forbes AFB, Kans., radio range and This order shall become effective on C o lo rad o _____ 53. 22 the south course of the St. Joseph, Mo., January 16, 1954. Compliance with the Idaho ______56. 23 M o n ta n a _____ 53.46 radio range. provisions of section 4 of the Adminis­ N evada____ _ 62. 50 3. Section 600.277 is amended to read: trative Procedure Act (60 Stat. 238; 5 New Mexico— 56. 53 U. S. C. 1003) relative to notice of pro­ Oklahoma 51.37 § 600.277 Red civil airway No. 77 posed rule making and delayed effective Oregon ______55.99 (Greensboro, N. C., to Atlantic City, South Dakota. 52. 99 N. J. I. From the Greensboro, N. C., date is impracticable and contrary to the Utah ______62. 30 public interest in this instance, since Washington 51.76 radio range station via the Lynchburg, such compliance would unduly delay and Wyoming V.__ 57.25 Va., radio range station; Richmond, Va., No. 19------2 476 RULES AND REGULATIONS

radio range station; Tappahannock, Va., head omnirange 042° True and the tional radio beacon via the Parkersburg, radio range station; Dover, Del., AFB Norwich omnirange .224° True radials; W. Va., omnirange station; Wheeling* radio range station to the Atlantic City, Norwich, Conn., omnirange station to the W. Va., omnirange station; Pittsburgh! N. J. (Navy) radio range station, ex­ Boston, Mass., omnirange station. Those Pa., omnirange station; intersection of cluding the portion below 6,000 feet portions of this airway between the A t­ the Pittsburgh omnirange 040° True and which lies over Patuxent Danger Area lantic City, N. J., VAR station and the the Bradford omnirange 210° True radi­ No. 71 and excluding the portion which Colts Neck, N. J., omnirange station more als to the Bradford, Pa., omnirange lies over Patuxent danger area No. 43. than 3 miles either side of the center line station. 4. Section 600.605 Blue civil airway are excluded.” 8. Section 600.6034 is amended to read: 14. Section 600.6130 is added to read: No. 5 (Galveston, Tex., to Wichita, Kans.) § 600.6130 VOR civil airway No. 130 § 600.6034 VOR civil airway No. 34 is amended by deleting the portion (Hartford, Conn., to. Providence, R. /.). which reads: “Dallas, Tex., radio range (Rochester, N. Y„ to Wilton, Conn.). From the Rochester, N. Y „ omnirange From the Hartford, Conn., omnirange station to the intersection of the north­ station via the Norwich, Conn., omni­ west course of the Dallas, Tex., radio station via the Binghamton, N. Y., omni­ range station; intersection of the Bing­ range station to the point of intersection range and the north course of the Fort of the Norwich omnirange 090° True Worth, Tex., radio range.” and by adding hamton omnirange 110° True and the radial and the Providence, R. I., ils the following in lieu thereof: “ Dallas, Wilton omnirange 300° True radials; Wilton, Conn., omnirange station to the localizer course (Wyoming, R. I., fan Tex., radio range station; Ardmore, marker). Okla., nondirectional radio beacon to point of intersection of the Wilton omni­ the intersection of the south course of range 090° True and the Norwich, Conn., 15. Section 600.6138 is added to read: omnirange 224° True radials. _ the Tinker AFB, Okla., radio range and § 600.6138 VOR civil airway No. 138. the southeast course of the Oklahoma 9. Section 600.6035 is amended to read: [Unassigned.l City, Okla., radio range.” 5. Section 600.620 is amended to read: § 600.6035 VOR civil airway No. 35 16. Section 600.6139 is added to read: ( Tri-City, Tenn., to Syracuse, N. Y .). § 600.620 Blue civil airway No. 20 § 600.6139 VOR civil airway No. 139 From the Tri-City, Tenn., omnirange (Norwich, Conn., to Boston, Mass.). ( Millville, N. J., to Allentown, Pa.). station via the intersection of the Tri- From the intersection of the southwest From the Norwich, Conn., omnirange City omnirange 012° True and the station via the intersection of the Nor­ course of the Atlantic City, N. J., (Navy) Charleston omnirange 185° True radials; radio range and thé southeast course of wich omnirange 090° True radial and the Charleston, W. Va., omnirange station; Providence, R. I., ILS localizer course at the Millville, N. J., radio range via the Parkersburg, W. Va., omnirange station; intersection of the southeast course of the Wyoming, R. I., fan marker; Provi­ intersection of the Parkersburg omni­ dence, R. I., ILS localizer; intersection the Millville, N. J., radio range and the range 060° True and the Pittsburgh southeast course of the Philadelphia, of the Providence ILS localizer course omnirange 223° True radials; Pitts­ and the Boston ILS localized course at Pa., radio range; Philadelphia, Pa., radio burgh, Pa., omnirange station; Philips- range station ; a point at latitude the Easton, Mass., fan marker to the burg, Pa., omnirange station; Elmira, Boston, Mass., localizer. 40°15'00", longitude 75°22'45", to the N. Y., omnirange station to the Syracuse, Allentown, Pa., radio range station. N. Y., omnirange station. 17. Section 600.6140 is added to read: 6. Section 600.6004 VOR civil airway 10. Section 600.6036 is amended to . § 600.6140 VOR civil airway No. 140. No. 4 (Seattle, Wash., to Washington, read: [•Unassigned.] D. C.) is amended after the Louisville, Ky., omnirange station to read: “Louis­ § 600.6036 VOR civil airway No. 36 18. Section 600.6141 is added to read: ville, Ky., omnirange station, including (Buffalo, N. Y„ to New York, N. Y.). § 600.6141 VOR civil airway No. 141 a north alternate from the Evansville, From the Buffalo, N. Y., omnirange sta­ (Nantucket, Mass., to Boston, Mass.). Ind., omnirange station to the Louisville tion via the Elmira, N. Y., omnirange From the Nantucket, Mass., omnirange omnirange station; Lexiiigton, Ky., om­ station; Wilkes-Barre-Scranton, Pa., station via the intersection of the Nan­ nirange station; Charleston, W. Va., omnirange station to the intersection of tucket omnirange 331° True and the omnirange station; Elkins, W. Va., omni­ the Wilkes-Barre-Scranton omnirange Boston omnirange 137° True radials to range station; Front Royal, Va., omni­ 117° True and the Wilton, Conn., omni­ the Boston, Mass., omnirange station. range station; Herndon, Va., omnirange range 233 ° True radials. 19. Section 600.6142 is added to read: station to the point of intersection of the 11. Section 600.6046 is amended to Herndon omnirange 089° True and the read: § 600.6142 VOR civil airway No. 142. Washington, D. C., terminal omnirange [Unassigned.] § 600.6046 VOR civil airway No. 46 351° True radiais.” 20. Section 600.6143 is added to read: 7. Section 600.6016 is amended by (New York, N. Y., to Nantucket, Mass.). changing the caption to read : “ VOR civil From the point of intersection of the § 600.6143 VOR civile airway No. 143 airway No, 16 (Los Angeles, Calif., to Riverhead, N. Y., omnirange 262° True (.Montebello, Va., to Front Royal, Va.). Boston, Mass.)”, and by changing the and the Wilton, Conn., omnirange 198° From the Montebello, Va., omnirange portions after “ to the Nashville, Tenn., True radials via the Riverhead, N. Y., station to the Front Royal, Va., omni­ omnirange station.” to read: “From the omnirange station; intersection of the range station. Tri-City, Tenn., omnirange station via Riverhead omnirange 085° True and the (Sec. 205, 52 Stat. 984, as amended; 49 V. S. the Pulaski, Va., omnirange station; Nantucket omnirange 255° True radials C. 425. Interprets or applies sec. 302, 52 Stat. Montebello, Va., omnirange station; to the Nantucket, Mass., omnirange 985, as amended; 49 U. S. C. 452) station. ' Gordonsville, Va., omnirange station; This amendment shall become effec­ Andrews, Md., radio range station via 12. Section 600.6113 is amended to tive 0001 e. s. t., February 2, 1954. the Gordonsville omnirange 056° True read: radial; a point at latitude 38°51'00" [ s e a l ] F. B. L ee, north, longitude 76°30'00" west bearing § 600.6113 VOR civil airway No. 113 Administrator of Civil Aeronautics. 062° True from the Andrews, Md., radio (Paso Robles, Calif., to Reno, Nev.). [P. R. Doc. 54-551; Piled, Jan. 27, 1954; range station; Dover, Del., omnirange From the Paso Robles, Calif., omnirange 8:45 a. m.] station via the Dover omnirange 244° station via the intersection of the Paso True radial;, Atlantic City, N. J., VAR Robles omnirange 352° True and the station via the Dover omnirange 670° Modesto omnirange 176° True radials; [Arndt. 25] True radial; intersection of the Atlantic Modesto, Calif., omnirange station to the City VAR northeast course and the Colts Reno, Nev., omnirange station. P art 601—D e s ig n a t io n o f Control A reas, C o n t r o l Z o n e s , an d R eporting Neck omnirange 204° True .radial; Colts 13. Section 600.6119 is amended to Neck, N. J., omnirange station; inter­ P o in t s reaid: section of the Colts Neck omnirange 103° ALTERATIONS True and the Riverhead omnirange 222° § 600.6119 VOR civil airway No. 119 The control area, control zone and re­ True radiais; Riverhead, N. Y., omni­ (Huntington, W. Va., to Bradford, Pa.). porting point alterations appearing here­ range station; intersection of the River- From the Huntington, W. Va., nondirec­ inafter have been coordinated with the Thursday, January 28, 1954 FEDERAL REGISTER 477 civil operators involved, the Army, the space within a 25-mile radius of the No. 16, Including north and south Navy, and the Air Force, through the Oklahoma City, Okla., radio range sta­ alternates. Air Coordinating Committee, Airspace tion, including the airspace east of Okla­ 16. Section 601.6034 is amended to Subcommittee, and are adopted to be­ homa City bounded on the northwest by read: come effective when indicated in order VOR civil airway No. 14 and on the south to promote safety of the flying public. and southeast by Amber civil airway § 601.6034 VOR civil airway No. 34 Compliance with the notice, procedures, No. 4, and the airspace northeast of control areas (Rochester, N. Y., to W il­ and effective date provisions of section Oklahoma City bounded on the north by ton, Conn.). All of VOR civil airway 4 of the Administrative Procedure Act a line extending through points at lati­ NO. 34. would be impracticable and contrary to tude 36°01'45", longitude 97°20'25" and 17. Section 601.6035 is amended to public interest and therefore is not latitude 36°05'00", longitude 97°01'10", read : required. on the southeast by VOR civil airway Part 601~is amended as follows: No. 14N and on the west by VOR civil § 601.6035 VOR civil airway No. 35 1. Section 601.277 is amended to read: airway No. 77. control areas (Tri-City, Tenn., to Syra­ cuse, N. Y .). All of VOR civil airway § 601.277 Red civil airway No. 77 con­ 7. Section 601.1286 is amended to read: No. 35. trol areas (Greensboro, N. C., to Atlantic § 601.1286 Control area extension City, N. J.). All of Red civil airway 18. Section 601.6046 is amended to (Fort Worth, Tex.). All that airspace read: No. 77. between Waco, Tex., Fort Worth-Dallas, 2. Section 601.620 is amended to read: Tex., and Oklahoma City, Okla., bounded § 601.6046 VOR civil airway No. 46 control areas (.New York, N. Y., to Nan­ § 601.620 Blue civil airway No. 20 con­ on the southeast and east by Blue civil airway No. 5, on the southwest and west tucket, Mass.). All of VOR civil airway trol areas (Millville, N. J., to Allentown, No. 46. Pa.). All of Blue civil airway No. 20. by Amber civil airway No. 4 and on the north by the Oklahoma City, Okla., con­ 19. Section 601.6113 is amended to 3. Section 601.1130 is amended to trol area extension; all that airspace read: read: between Waco, Tex., Fort Worth, Tex., Wichita Falls, Tex., and Abilene, Tex., § 601.6113 VOR civil airway No. 113 § 601.1130 Control area extension control areas (Paso Robles, Calif., to (Spokane, Wash.). Within 5 miles bounded on the east by Amber civil air­ way No. 4, on the northeast by Red civil Reno, Nev.). All of VOR civil airway either side of the north course of the No. 113. Spokane radio range extending from airway No. 10, on the northwest by Blue the radio range station to a point 25 civil airway No. 6, on the south by Green 20. Section 601.6119 is amended to miles north, within 5 miles either side civil airway No. 5 to Mineral Wells, Tex., read: of the 22° and 322° True radials of the thence on the west and southwest by Blue civil airway No. 70. § 601.6119 VOR civil airway No. 119 Spokane omnirange extending from the control areas (Huntington, W. Va., to omnirange station to points 25 miles 8. Section 601.1983 Three mile radius Bradford, Pa.). All of VOR civil airway northeast and northwest; that airspace zones is amended by deleting the fol­ No, 119. southwest of Spokane bounded on the lowing airports: north by Green civil airway No. 2, om 21. Section 601.6130 is added to Salem, Oreg.: Salem-McNary Airport. read: the east by VOR civil airway No. 103 Spokane, Wash.; Fairchild AFB. and on the southwest by a line 5 miles § 601.6130 VOR civil airway No. 130 southwest of and parallel to a direct 9. Section 601.1984 Five mile radius control areas (Hartford, Conn., to Prov­ line between the Pine City and Har­ zones, is amended by deleting the fol­ idence, R. /.). All of VOR civil airway rington, Wash., fan markers; that air­ lowing airport: No. 130. space southeast of Spokane bounded on Spokane, Wash.: Geiger Municipal Airport. the north by VOR civil airway No. 2, 22. Section 601.6138 is added to read: on the west by Blue civil airway No. 1 10. Section 601.2264 Dunkirk, N. Y.t § 601.6138 VOR civil airway No. 138 and on the southeast by a line 5 miles control zone is revoked. control areas. [ Unassigned. ] 11. Section 601.2264 is added to read: southeast of and parallel to a direct 23. Section 601.6139 is added to read: line between the Pine City, Wash., fan § 601.2264 Spokane, Wash., control marker and the intersection of the east zone. Within a 5-mile radius of Geiger § 601.6139 VOR civil airway No. 139 course of the Spokane radio range and Field and within a 3-mile radius of Fair- control areas (Norwich, Conn., to Boston, the south course of the Coeur d’Alene, child AFB including the airspace within Mass.). All of VOR civil airway No. 139. Idaho radio range, and that airspace 2 miles either side of the southwest 24. Section 601.6140 is added to read: east of Spokane bounded on the south course of the Geiger Field ILS localizer by Green civil airway No. 2 and on the extending from Geiger Field to a point § 601.6140 VOR civil airway No. 140 northwest and northeast by Red civil 10 miles southwest of the ILS outer control areas. [Unassigned.] airway No. 48. marker. 25. Section 601.6141 is added to read: 4. Section 601.1150 Control area ex­ 12. Section 601.4277 is amended to § 601.6141 VOR civil airway No. 141 tension (Wilmington, N. C.) is amended read: control areas (Nantucket, Mass., to Bos­ by changing the last portion to read: § 601.4277 Red civil airway No. 77 ton, Mass.). All of VOR civil airway No. “excluding that portion below 2,000 feet (Greensboro, N. C., to Atlantic City, 141. which lies outside the continental limits N. J .). No reporting point designation. of the United States.” 26. Section 601.6142 is added to read: 5. Section 601.1167 is added to read: 13. Section 601.4620 is amended to § 601.6142 VOR civil airway No. 142 read: §601.1167 Control area extension control areas. [Unassigned.] § 601.4620 Blue civil airway No. 20 (Ontario, Or eg.). That airspace within 27. Section 601.6143 is added to read: an 8y2-mile radius of the Ontario, Oreg„ (Millville, N. J., to Allentown, Pa.). No airport including the airspace southeast reporting point designation. § 601.6143 VOR civil airway No. 143 of Ontario bounded on the northeast by 14. Section 601.5001 Other reporting control areas (Montebello, Va., to Front Red civil airway Nos 1, on the south by points is amended by adding the follow­ Royal, Va.). All of VOR civil airway the Boise, Idaho, control area extension ing reporting point: No. 143. and on the southwest by a line 12 miles Farallon Island, Calif., non-directional 28. Section 601.7001 Domestic VOR southwest of and parallel to Red civil radio beacon. reporting points is amended by deleting airway No. 1. 15. Section 601.601$ is amended to the following reporting point: 6. Section 601.1284 is amended to read: Caldwell, N. J„ omnirange station. read; • § 601.6016 VOR civil airway No. 16 (Sec. 205, 52 Stat. 984, as amended; 49 U. S. C. § 601.1284 Control area extension control areas (Los Angeles, Calif., to 425. Interprets or applies sec. 601, 52 Stat. (Oklahoma City, Okla.). All that air­ Boston, Mass.). All of VOR civil airway 1007, as amended; 49 U. S. C. 551). 478 RULES AND REGULATIONS

This amendment shall become effec­ was drawn in collaboration with Inter­ will employ a method of warning con­ tive 0001 e. s. t. February 2, 1954. ested members of the affected industry sisting of repeated shallow dives to a low and since it would be against public in­ altitude in the area following each dive [ s e a l ] F. B. L e e , terest to delay providing for the amend­ with a sharp pull-up. Administrator of Civil Aeronautics. ments set forth above. (iv) Any watercraft under way or at [F. R. Doc. 54-552; Piled, Jan. 27, 1954; This order shall become effective upon anchor, upon being so warned, shall im­ 8:46 a. m.] publication in the F ederal R egister, mediately vacate the area and shall re­ since both the public and the affected main outside the area until conclusion of industry will benefit by the earliest ef­ firing practice. TITLE 21— FOOD AND DRUGS fective date, and I so find. (v) Military and naval vessels will conduct gunnery and training exercises Chapter I— Food and Drug Admin­ Dated: January 21,1954. istration, Department of Health, in the aerial gunnery range. When [ s e a l] O veta C u l p H o b b y , there is apparent conflict between sur­ Education, and Welfare . Secretary. face craft with attendant planes and P art 141— T ests and M eth o d s o p A s s a y [F. R. Doc. 54-594; Filed, Jan. 27, 1954; planes operating under the control of the for A n t ib io t ic a n d A n t ib io t ic -C o n ­ 8:54 a. m.] Naval Test Center, Patuxent River, t a in in g D rugs Maryland, planes from the Naval Test Center are expected to keep clear. P art 146—C ertification o f B atch es o f TITLE 33— NAVIGATION AND (vi) Nothing in this section shall pre­ A n t ib io t ic a n d A n t ib io t ic -C o n t a in in g vent oystering or the setting of fishing D rugs I. NAVIGABLE WATERS structures within the range outside the MISCELLANEOUS AMENDMENTS Chapter II— Corps of Engineers, target areas in accordance with approved Department of the Army Federal and State regulations: Pro­ By virtue of the authority vested in vided, that no permanent or semiperma­ the Secretary by the provisions of the P art 204— D anger Z o n e R e g u l a t io n s nent fishing structures or oyster ground Federal Food, Drug, and Cosmetic Act marker shall be placed on the western CHESAPEAKE BAY AREA, (sec. 507, 59 Stat. 463, as amended by 61 side of Chesapeake Bay between Point Stat. 11, 63 Stat. 409, 67 Stat. 369; sec. Pursuant to the provisions of section No Point and Cedar Point, without prior 701, 52 Stat. 1055; 21 U. S. C. 357, 371; 7 of the River and Harbor Act of August written approval of the Commanding 67 Stat. 18) the regulations for tests and 8, 1917 (40 Stat. 266; 33 U. S. C. 1), Officer, U. S. Naval Air Station, Patuxent methods of assay for antibiotic and anti­ § 204.42 governing the use and navigation River, Maryland. biotic-containing drugs (21 CFR, 1952 of waters of Chesapeake Bay from Point (vii) When operations are being con­ Supp., Part 141) and certification of Lookout to Cedar Point, Maryland, com­ ducted in the target areas, all projectiles, batches of antibiotic and antibiotic-con­ prising an aerial gunnery range and tar­ bombs, and other missiles will be released taining drugs (21 CFR, 1952 Supp., Part get areas, is hereby amended to include to fall within the areas, but naval au­ 146; 18 F. R. 3533, 18 F, R. 1207). are an additional target area, as follows: thorities will not be responsible for amended as indicated below: damage by such missiles or by Naval or 1. In § 141.1 Sodium penicillin * * * § 204.42 Chesapeake Bay, Point Look­ out to Cedar Point; aerial gunnery range Coast Guard vessels to fishing structures amend paragraph (e) Preparation of or fishing equipment which may be plates by inserting between the eight­ and target areas, U. S. Naval Air Sta­ tion, Patuxent River, Md.— (a) Aerial located adjacent to the target areas. eenth and nineteenth sentences the fol­ (b) Target areas— (1) Prohibited lowing: “ (In the preparation of the gunnery range— (1) The danger zone. The waters of Chesapeake Bay within areas. (i) A circular area with a radius suspensions of the test organism on agar of 400 yards having its center at latitude slants and Roux bottles, the 24-hour an area described as follows: Beginning at the easternmost extremity of Cedar 38°16'54", longitude 76°22'00" (bearing storage periods at room temperature approximately 176° true,' 1,870 yards may be omitted if the suspensions will Point; thence easterly to the southern tip of Barren Island; thence south­ from Cedar Point Light). permit 20-percent light transmission (ii) A circular area with a radius of through a filter at 6,500 angstrom units easterly to latitude 38°01'15", longitude 76°05'33"; thence southwesterly to 600 yards having its center at latitude In a photoelectric colorimeter.)” 38°13'00", longitude 76°19'00" (bear­ 2. In § 146.101 Streptomycin sulfate Hedges Strait Middle Ground Buoy 14 (approximately latitude 37°59'36", lon­ ing approximately 153° true, 11,130 * * * paragraph (c) (3) (iii) is amended yards from Cedar Point Light). to read: gitude 76°10'30"); thence northwesterly to Fish Net Buoy 20 W (approximately (2) Restricted area. A circular area (c) Labeling. * * * latitude 38°02'20", longitude 76°17'- with a radius of 600 yards having its (3) * * * 2 6 "); thence northerly to Point No Point center at latitude 38°02'18", longitude (iii) The conditions under which suchLight; thence northwesterly to the shore 76°09'26" (bearing approximately 237° solutions should be stored, including the at latitude 38°15'45"; thence northeast­ 50' true, 7,000 yards from Holland Island statement “Sterile solutions may be erly along the shore to the point of be­ Bar Light). stored at room temperature for 4 weeks ginning. Aerial machine gun practice (3) The regulations, (i) Nonexplo­ without significant loss of potency.” will be conducted in this area throughout sive aerial projectiles will be dropped at 3. In § 146.414 Bacitracin-neomycin the year. infrequent intervals in the areas de­ with vasoconstrictor * * * the first sen­ (2) The regulations, (i) Throu ghscribed in subparagraph (1) (i) and (ii) of this paragraph. The areas shall be tence of paragraph (a) (2) is amended navigation of surface craft will be per­ closed to navigation at all times except by changing the period at the end thereof mitted at all times outside the target areas. Such vessels shall proceed on for vessels engaged in operational and to a comma and adding the following maintenance operations as directed by new clause: “except that the blank may their normal course and shall not delay their progress. the Commanding Officer, U. S. Naval Air be filled in with the date which is 18 Station, Patuxent River, Maryland. The months after the month during which (ii) Advance notice will be given of areas will be patrolled. and vessels the batch was certified if the person who the date on which firing practice is to begin, and such notice will be published “ buzzed” by the patrol plane prior to requests certification has submitted to the conduct of operations in the areas. the Commissioner results of tests and in “Notice to Mariners”. The range will be used throughout the year, and no Vessels which have inadvertently entered assays showing that such drug as pre­ the danger zones upon being so warned pared by him is stable for such period of further notice that firing is continuing shall leave the areas immediately. time.” will be given. (iii) Prior to firing practice the gun­ (ii) Nonexplosive aerial projectiles (Sec. 701, 52 Stat. 1055; 21 TJ. S. C. 371. In ­ nery range will be patrolled by surface will be dropped and aerial machine gun terpret or apply sec. 507, 59 Stat. 463, as craft or naval aircraft to warn any wa­ firing will be conducted in the area de­ amended; 21 U. S. C. 357) tercraft likely to be endangered by such scribed in subparagraph (2) of this par­ Notice and public procedure are not firing by means of signals that firing is agraph. Operations will be conducted necessary prerequisites to the promulga­ to take place. Surface craft so used will throughout the year from sunrise to sun­ tion of this order, and I so find, since it display a square flag. Naval aircraft set daily and no vessel or other crait Thursday, January 28, 1954 FEDERAL REGISTER 479

shall enter or remain in the area during Sound and the Atlantic Ocean within an The Commission, having under con-, daylight hours, except on prior written area described as follows; Beginning at a sideration a letter dated December 15, approval of the Commanding Officer, point bearing 170°, 5,900 yards, from 1953, from the Western Union Telegraph U s. Naval Station, Patuxent River, Caffey Inlet Coast Guard Station; thence Company requesting that § 64.221 of Maryland. The area will be patrolled 55° 30', 7,650 yards; thence 177°, 8,700 and vessels “buzzed” by the patrol plane yards; and thence to the point of begin­ Subpart B of Part 64 of the Commis­ prior to the conduct of operations in the ning. The target is located at latitude sion’s rules and regulations governing area. Vessels which have inadvertently 36°10'28", longitude 75°45'04'/. domestic telegraph speed of service entered the danger zone upon being so N o te: All bearings in this section are re­ studies be amended, effective February 1, warned shall leave the area immediately. ferred to true meridian. 1954, to delete Charlotte, North Caro­ • (c) The regulations in this section ***** shall be enforced by the Commandant, lina, from the cities listed therein at (d) The regulations— (1) Targetwhich Western Union is required to con­ Fifth Naval/District, and such agencies areas. The area described in subpara­ as he may designate. graph (1) of paragraph (a) of this sec­ duct monthly speed of service studies, [Regs., Dec. 30, 1953; 800.2121 (Chesapeake tion will be used as a dive bombing target and to substitute, in lieu thereof, Mil­ Bay) -ENGWO] (40 Stat. 260; 33 TJ. S. C. 1) by naval aircraft. In peacetime, muni­ waukee, Wisconsin; [Seal! W m E. B e r g in , tions will be limited to miniature bombs It appearing, that the major portion Major General, U. S. Army, which contain only small explosive of the relay traffic load has been removed The Adjutant General. charges for producing smoke puffs to from Charlotte and placed in the Rich­ mark points of impact. All operations [F. R. Doc. 54-549; Filed, Jan. 27, 1954; will be conducted during daylight hours, mond, Virginia, reperforator office, 8:45 a. m.J and the area will be’open to navigation thereby leaving very little traffic in the at night. No vessel shall enter this area Charlotte office to be tallied for speed during the hours of daylight without of service purposes; and that Western special permission from the enforcing Union’s manually-operated message Part 204—-Danger Z o n e R e g u l a t io n s agency. The area will be patrolled and center at Milwaukee, Wisconsin, cur­ ALBEMARLE SOUND, PAMLICO SOUND, AND vessels will be warned not to enter. rently handles the largest volume of adjacent w a t e r s , n o r t h Ca r o l in a “Buzzing” by plane will warn vessels that domestic telegraph traffic of any office they are in a danger zone, and upon be­ Pursuant to the provisions of section 7 not now listed in § 64.221 of the rules; ing so warned they shall immediately of the River and Harbor Act of August leave the area. The areas described in It further appearing, that notice of 8, 1917 (40 Stat. 266; 33 U. S. C. 1), and proposed rule-making pursuant to sec­ Chapter XIX of the Army Appropria­ subparagraphs (2), (3), (4) and (5) of paragraph (a) of this section will be tion 4 (a) of the Administrative Proce­ tions Act of July 9, 1918 (40 Stat. 892; dure Act may be omitted as unnecessary 33 U. S. C. 3), section 204.54 establish­ used as target areas by naval aircraft. The areas shall be closed to navigtion. because the proposed amendment in­ ing and governing the use and naviga­ tion of danger zones for naval aircraft at all times, except for vessels engaged in volves only a minor change in the Com­ operations in Albemarle Sound, Pamlico operational and maintenance work as mission’s rules; Sound, and adjacent waters, North Caro­ directed by the enforcing agency. Prior It further appearing, that such rule lina, is hereby amended, changing para­ to the conduct of operations the areas change may be made effective on less graphs (a) and (d) ( 1) to include an will be patrolled by naval aircraft. than 30 days notice inasmuch as Western additional target area in the waters of “Buzzing” by plane will warn vessels that Union is the only person affected by the North Landing River, as follows; they are in a danger zone, and upon be­ ing so warned vessels which have in­ change and it has requested that the § 204.54 Albemarle Sound, Pamlico advertently entered one of the areas amendment be made effective February Sound, and adjacent waters, N. C.; dan­ shall immediately leave the area or areas. 1, 1954; ger zones for naval aircraft operations—* * * * * * It further appearing, that authority (a) Target areas— (1) North Landing (Regs., Dec. 29, 1953, 800.2121-ENGWO] (40 for the proposed amendment is con­ River (Currituck Sound). The waters Stat. 266, 892; 33 U. S. C. 1, 3) tained in sections 4 (i) and 218 of the of North Landing River within a radius Communications Act of 1934, as [ s e a l ] W m . E. B e r g in , of 1,000 yards from a target located at amended; latitude 36°31'00", longitude 76°01'40t-'. Major General, U. S. Army, The Adjutant General. I t is ordered, That, effective February (2) Northern part of Currituck Sound. 1, 1954, § 64.221 of Subpart B of Part 64 Beginning at a point bearing 65° 30', [F. R. Doc. 54-548; Filed, Jan. 27, 1954; 1,025 yards, from Currituck Sound Light 8:45 a. m.] of the Commission’s rules and regula­ 69; thence 86°, 6,000 yards; thence 193°, tions governing domestic telegraph speed 4,425 yards; thence 267° 30', 2,775 yards; of service studies is amended by deleting and thence to the point of beginning. TITLE 47— TELECOMMUNI­ “ Charlotte, N. C.” from the list of cities The target is located at latitude CATION therein and adding “Milwaukee, Wis.” 36°27'16", longitude 75°56'30". immediately following “Los Angeles (3) North of Currituck Beach Light. Chapter i— Federal Communications Calif.” The waters of Currituck Sound and the Commission (Sec. 4, 48 Stat. 1066 as amended; 47 U. S. C. Atlantic Ocean within a radius of 1,000 P art 64—M iscellaneous R u l e s R e la t ­ 154. Interprets or applies sec. 218, 48 Stat. yards from a target located at latitude 1077; 47 U. S. C. 218) 36°25'24", longitude 75°50'09". in g to. C o m m o n C arriers (4) South of Caffey Inlet Coast Guard INSTRUCTIONS FOR CONDUCT OF DOMESTIC Released: January 21, 1954. Station. The waters of Currituck Sound TELEGRAPH SPEED OF SERVICE STUDIES F ederal C ommunications and 'the Atlantic Ocean within a radius AND SUBMISSION OF REPORTS THEREOF C o m m is s io n , of 1,000 yards from a target located at At a session of the Federal Communi­ [ se al] W m . P . M a s s in g , latitude 36°12'15", longitude 75°45'57". cations Commission held at its offices in Acting Secretary. (5) Southeast of Caffey Inlet Coast Washington, D. C., on the 20th day of [F. R. Doc. 54-560; Filed, Jan. 27, 1954; Guard Station. The waters of Currituck January 1954: 8:47 a. m.j , 480 FEDERAL REGISTER

PROPOSED RULE MAKING

DEPARTMENT OF AGRICULTURE packed with or without packing media, easily. The grade of frozen strawberries and are then frozen in accordance with is ascertained by considering with re­ Agricultural Marketing Service good commercial practice and main­ spect to varietal characteristics, flavor tained at temperatures necessary for the and odor, and size relative to U. S. Grade [ 7 CFR Part 52 1 preservation of the product. A or U. S. Fancy which are not scored F r o ze n S trawberries * § 52.1982 Styles of frozen strawber- and the requirements and the factors of color, defects, and character, which are U. S. STANDARDS FOR CRADES ries, (a) “Whole.” (b) “ Sliced.” scored. Notice is hereby given that the United (b) The relative importance of each States Department of Agriculture is § 52.1983 Sizes of whole frozen straw­ factor has been expressed numerically considering the revision, as herein pro­ berries. Except with respect to U. S. on the scale of 100; The maximum num­ posed, of United States Standards for Grade A or U. S. Fancy grade, the size ber of points that may be given for each Grades of Frozen Strawberries pursuant of the whole frozen strawberry is not factor is: incorporated in the grades of the finished to the authority contained in the Agri­ Factors: Points cultural Marketing Act of 1946 (60 Stat. product since size, as such, is not a fac­ Color ____.______4o tor of quality for the purpose of these 1087 et seq.; 7 U. S. C. 1621 et seq.) and Defects______40 grades. When used in connection with the Department of Agriculture Appro­ Character______20 the following sizes of whole frozen priation Act, 1954 (Pub. Law 156, 83d strawberries, the term “diameter” means Total score______100 Cong., approved July 28, 1953). The the greatest dimension measured at right proposal provides three grades for the (c) “ Good flavor” means that, the angles to a straight line running from product has a good characteristic, nor­ product above Substandard instead of the stem to the apex: only two grades as in the present stand­ mal flavor and odor, and is free from (a) Small size means whole frozen objectionable flavors or objectionable ards (7 CFR Part 52; 18 F. R. 8059). strawberries that measure less than % This revision, if made effective, will be odors of any kind. inch in diameter. (d) “Fairly good flavor” means that the fifth issue by the Department of (b) Medium size means whole frozen grade standards for this product. the product may be lacking in good strawberries that measure % inch to one characteristic normal flavor and odor but All persons who desire to submit writ­ inch, inclusive, in diameter. ten data, views, or arguments for con­ is free from objectionable flavors or ob­ (c) Large size means whole frozen jectionable odors of any kind. sideration in connection with the pro­ strawberries that measure more than one posed revision should file the same, in inch in diameter. § 52.1986 Ascertaining the score of duplicate, with the Chief, Processed each factor for frozen strawberries. The Products Standardization and Inspec­ § 52.1984 Grades of frozen strawber­ essential variations within each factor tion Branch, Fruit and Vegetable Divi­ ries. (a) “U. S. Grade A” or “U. S. which is scored are so described that the sion, Agricultural Marketing Service, Fancy” is the quality of frozen strawber­ value may be ascertained for such fac­ United States Department of Agricul­ ries that possess similar varietal charac­ tors and expressed numerically. The ture, Washington 25, D. C., not later teristics; that possess a good flavor ; that numerical range within each factor is than 30 days after publication hereof -possess a good color; that are practically inclusive. For example, the range “36 to in the F ederal R eg ister . free from defects; that possess a good 40 points” means 36, 37, 38, 39, or 40 The proposed revision is as follows: character; that score not less than 90 points. points when scored in accordance with PRODUCT description, styles, sizes and grades the scoring system outlined in this sec­ § 52.1987 Color— (a) (A ) classifica­ Sec. tion and that with respect to whole style tion. Frozen strawberries that possess a 52.1981 Product description. contain not more than 5 percent, by good color may be given a score of 36 to 52.1982 Styles of frozen strawberries. 40 points. “Good color” means that the 52.1983 Sizes of whole frozen strawberries. count, of whole strawberries that are 52.1984 Grades of frozen strawberries. small size. frozen strawberries possess a good red (b) “U. S. Grade B” or “U. S. Choice” or good pink color characteristic of sim­ FACTORS OF QUALITY is the quality of frozen strawberries that ilar varieties, which is not more than 52.1985 Ascertaining the score and grade for possess similar varietal characteristics; slightly affected by a dull, grey, or red­ frozen strawberries. that possess a good flavor; that possess dish-brown cast, and that: 52.1986 Ascertaining the score of each fac­ a reasonably good color; that are reason­ (1) With respect to whole style 85 per­ tor for frozen strawberries. ably free from defects; that possess a cent or more by count, of the strawber­ 52.1987 Color. ries have practically the entire surface 52.1988 Dëfects. reasonably good character; and that 52.1989 Character. score not less than 80 points when scored red or pink characteristic color, but of in accordance with the scoring system the balance not more than 5 percent, by LOT CERTIFICATION TOLERANCE outlined in this section. count, of all the strawberries may have 52.1990 Tolerances for certification of offi­ (c) “U. S. Grade C” or “U. S. Stand­ less than % of the surface area of a char­ cially drawn samples. ard” is the quality of frozen strawberries acteristic red or pink color, and that: SCORE SHEET that possess similar varietal character­ (2) With respect to sliced style 85 per­ cent or more, by weight, of the straw­ 52.1991 Score sheet for frozen strawberries. istics; that possess a fairly good flavor; that possess a fairly good color; that are berries have practically the entire outer A u t h o r it y : §§52.1981 to 52.1991 issued fairly free from defects; that possess a surface (not including cut surfaces) of under sec. 205, 60 Stat. 1090, 7 U. S. C. 1624; fairly good character; and that score not the slice red or pink characteristics color, Pub. Law 156, 83d Cong. less than 70 points when scored in ac­ but of the balance not more than 5 per­ PRODUCT, DESCRIPTION, STYLES, SIZES AND cordance with the scoring system out­ cent by weight, of all the slices may have GRADES lined in this section. less than % of the outer surface of the slice (not including cut surfaces) red or § 52.1981 Product description. Fro­ (d) “ Substandard” is the quality of frozen strawberries that fail to meet the pink characteristics color. zen strawberries means the frozen prod­ (b) (B ) classification. If the frozen uct prepared from sound, properly requirements of “U. S. Grade C” or “U. S. Standard.” strawberries possess a reasonably good ripened fresh fruit of the strawberry color, a score of 32 to 35 points may be plant by stemming, proper washing, sort­ FACTORS OF QUALITY given. Frozen strawberries that fall into ing, and properly draining, may be § 52.1985 Ascertaining the score and this classification shall not be graded re­ ‘ The requirements of these standards grade for frozen strawberries, (a) The above U. S. Grade B or U. S. Choice, shall not excuse failure to comply with the grade of frozen strawberries is deter­ gardless of the total score for the prod­ provisions of the Federal Food, Drug, and mined immediately after thawing to the uct (this is a limiting rule). “Reason­ Cosmetic Act. extent that the units may be separated ably good color” means that the frozen Thursday, January 28, 1954 FEDERAL REGISTER 481 strawberries possess a reasonably good (4) A “stem” means a stem, either (1) Whole. No grit, sand, or silt may red or reasonably good pink color char­ loose or attached, that is longer than be present that affects the appearance acteristic of similar varieties, which is one-eighth inch. or eating quality of the product and for not materially affected by a dull, grey, (5) A “short stem” means a stem that each 16 ounces of net weight there may or reddish-brown cast, and that: is one-eighth inch or less in length and be present an area of not more than (1) With respect to the whole style which may include the center portion of one-half square inch comprising harm­ 75 percent or more, "by count, of the a cap to which no sepal-like bract or less extraneous material (such as leaves strawberries have practically the entire portion thereof is attached. and portions thereof), caps and portions surface red or pink characteristic color, (6) A “ damaged strawberry” means a thereof, and loose sepal-like bracts and but of the balance not more than 10 per­ strawberry or a portion of a strawberry portions thereof; not more than four cent, by count, of all the strawberries that is damaged by bruises or by other stems, including not more than one inay’ have less than % of the surface injury or possesses a hard, seedy, or de­ stem which may exceeds one-half inch area of a characteristic red or pink color, formed end or that possesses deformed in length, or one piece of harmless ex­ and that: or damaged areas which materially traneous material that is not measurable (2) With respect to sliced style 75 per­ affect either the appearance or edibility by area (such as weeds and blades of cent or more, by weight, of the straw­ of the product. Minute, insignificant grass); and not more than 32 short berries have practically the entire outer injuries are not considered as damage. stems; and there may be present not surface (not including cut surfaces) of (7) “Area” means the aggregate sur­ more than a total of 10 percent, by the slice red or pink characteristic color, face covered by the material stated when weight, that are damaged strawberries. but of the balance not more than 10 per­ such material or portions thereof are (2) Sliced. No grit, sand, or silt may cent, by weight, of all the slices may have placed in a contiguous position with no be present that affects the appearance less than % of the outer surface of the intervening spaces. or eating quality of the product and for Slice (not including cut surfaces) red (b) (A) classification. Frozen straw­ each 16 ounces of net weight there may or pink characteristic color. berries that are practically free from de­ be present an area of not more than Yz (c) (C) classification. If the frozen fects may be given a score of 36 to 40 square inch comprising harmless ex­ strawberries possess a fairly good color, points. “Practically free from defects” traneous material (such as leaves and a score of 28 to 31 points may be given. has the following meanings with respect portions thereof), caps, and portions Frozen strawberries that fall into this to the following styles of frozen straw­ thereof, and loose sepal-like bracts and classification shall not be graded above berries: portions thereof; not more than four U. S. Grade C or U. S. Standard, re­ (1) Whole. No grit, sand, or silt may stems, including not more than one stem gardless of the total score for the product be present that affects the appearance which may exceed Yz inch in length or (this is a limiting rule). “Fairly good or eating quality of the product and for one piece of harmless extraneous ma­ color” means that the frozen straw­ each 16 ounces of net weight there may terial that is not measurable by area berries possess a fairly good red or fairly be present an area of not more than one- (such as weeds and blades of grass); good pink color characteristic of similar fourth square inch comprising harmless and not more than 32 short stems; and varieties, that may show a dull, grey, or extraneous material (such as leaves and there may be present not more than a reddish-brown cast, but not to the extent portions thereof), caps *and portions total of 5 percent, by weight, that are that the appearance or eating quality is thereof, and loose sepal-like bracts and damaged portions of strawberries. seriously affected, and that: portions thereof; not more than two (d) (C) classification. If the frozen (1) With respect to whole style not stems, including not more than one stem strawberries are fairly free from defects, more than 25 percent, by count, of the which may exceed one-half inch in a score of 28 to 31 points may be given. strawberries may have less than % of the length, or one piece of harmless ex­ Frozen strawberries that fall into this surface area of a characteristic red or traneous material that is not measurable classification shall not be graded above pink color, and that: by area (such as weeds and blades of U. S. Grade C or U. S. Standard, re­ (2) With respect to sliced style not grass); and not more than 16 short gardless of the total score for the prod­ more than 25 percent, by weight, of the stems; and there may be present not uct (this is a limiting rule). “Fairly slices may have less than % of the outer more than a total of 5 percent, by weight, free from defects” has the following surface of the slice (not including cut that are damaged strawberries. meanings with respect to the following surfaces) red or pink characteristic (2) Sliced. No grit, sand, or silt may styles of frozen strawberries: color. . be present that affects the appearance (1) Whole. A trace of grit, sand, or (d) (SStd) classification. F rozen or eating quality of the product and for silt may be present that does not ma­ strawberries that fail to meet the re­ each 16 ounces of net weight there may terially affect the appearance or eating quirements of paragraph (c) of this be present an area of not more than quality of the product and for each 16 section may be given a score of 0 to 27 one-fourth square inch comprising ounces of net weight, there may be pres­ points and shall not be graded above harmless extraneous material (such as ent an area of not more than % square Substandard, regardless of the total leaves and portions thereof); caps and inch comprising harmless extraneous score for the product (this is a limiting portions thereof, and loose sepal-like material (such as leaves and portions rule). bracts and portions thereof; not more thereof), caps and portions thereof, and than two stems, including not more than loose sepal-like bracts and portions § 52.1988 Defects— (a) General. The thereof; not more than 6 stems, includ­ factor of defects refers to the degree one stem which may exceed one-half ing not more than one stem which may of freedom from grit, sand, or silt, from inch in length, or one piece of harmless extraneous material that is not measur­ exceed Yz inch in length, or one piece harmless extraneous material, caps and of harmless extraneous material that Portions thereof, sepal-like bracts and able by area (such as weeds and blades of grass); and not more than 16 short is not measurable by area (such as weeds portions thereof, stems, short stems, and and blades of grass); and there may be damaged strawberries. stems; and there may be present not more than a total of 2Yz percent, by present not more than a total of 20 (1) “Harmless extraneous material” percent, by weight, that are damaged means vegetable substances such as weight, that are damaged portions of strawberries. strawberries. weeds, grass, and leaves and any por­ (2) Sliced. A trace of grit, sand, or tions thereof that are harmless. (c) (J5) classification. If the frozen strawberries are reasonably free from silt may be present that does not ma­ (2) “Grit, sand, or silt” means any terially affect the appearance or eating Particles of earthy material. defects, a score of 32 to 35 points may be given. Frozen strawberries that fall into quality of the product and for each 16 (3) a “cap” means a loose or attached lull cap or portion of a cap to which at this classification shall not be graded ounces of net weight, there may be least one sepal-like bract or a portion above U. S. Grade B or U. S. Choice, re­ present an area of not more than % thereof is attached. A “ short stem” gardless of the total score for the prod­ square inch comprising harmless extra­ that is attached to the cap is considered uct (this is a limiting rule). “Reason­ neous material (such as leaves and por­ a part of the cap. A “stem” that is at­ ably free from defects” has the following tions thereof), caps and portions thereof, tached to the cap is considered a sep­ meanings with respect to the following and loose sepal-like bracts and portions arate defect. styles of frozen strawberries. thereof; not more than 6 stems, includ- 482 PROPOSED RULE MAKING ing not more than one stem which may (2) Not more than 30 percent, by Done at Washington, D. C„ this 25th exceed Vz inch in length, or one piece of weight, of strawberries may be mushy day of January 1954. harmless extraneous material that is not strawberries. [ s e a l ] R o y W . L e n n a r t so n , measurable by area (such as weeds and (e) (SStd) classification. ' Frozen Deputy Administrator, blades of grass); and there may be pres­ strawberries that fail to meet - the re­ Agricultural Marketing Service. ent not more than a total of 10 percent, quirements of paragraph (d) of this by weight, that are damaged portions section may be given a score of 0 to 13 [F. R. Doc. 54-595; Filed, Jan. 27, 1954- of strawberries. points and shall not be graded above 8:54 a. m.] (e) (SStd) classification. F rozen Substandard, regardless of the total strawberries that fail to meet the re­ score for the product (this is a limiting quirements of paragraph (d) of this sec­ rule). tion may be giy§n a score of 0 to 27 points I 7 CFR Part 905 ] LOT CERTIFICATION TOLERANCES and shall not be graded above Substand­ H a n d l in g o f M i l k i n O k la h o m a City, § 52.1990 Tolerances for certification ard, regardless of the total score of the O k l a h o m a , M a r k e t in g A rea product (this is a limiting rule). of officially drawn samples, (a) When certifying samples that have been offi­ NOTICE OF RECOMMENDED DECISION AND § 52.1989 Character— (a) General. cially drawn and which represent a spe­ OPPORTUNITY TO FILE WRITTEN EXCEP­ The factor of character refers to the cific lot of frozen strawberries, the grade TIONS WITH RESPECT TO PROPOSED texture and the degree of wholeness, for such lot, if all containers comprising AMENDMENT TO TENTATIVE MARKETING degree of disintegration as evidenced by the sample meet all applicable standards AGREEMENT, AND TO ORDER, AS AMENDED partial strawberries and mushy straw­ of quality promulgated under the Fed­ berries. Pursuant to the provisions of the Agri­ eral Food, Drug, and Cosmetic Act and cultural Marketing Agreement Act of (1) A “partial strawberry” in whole in effect at the time of the aforesaid cer­ style means that less than % of the ap­ 1937, as amended (7 U. S. C. 601 et seq.), tification, will be determined by averag­ parent whole strawberry remains intact. and the applicable rules of practice and ing the total scores of all containers (2) “Mushy strawberries” in whole and procedure, as amended, governing the comprising the sample, if, with respect sliced styles are strawberries that are so formulation of marketing agreements to those factors which are scored: soft that they are a pulpy mass and with and marketing orders (7 CFR 900), no­ (1) Not more than one-sixth of such respect to sliced style also includes badly tice is hereby given of the filing with containers fails to meet the grade indi­ disintegated slices. the Hearing Clerk of the recommended (b) (A ) classification. Frozen straw­ cated by the average of such total scores: decision of the Deputy Administrator, berries that possess a good character (2) None of the containers falls more Agricultural Marketing Service, United may be given a score of 18 to 20 points. than 4 p.oints below the minimum score States Department of Agriculture, with “ Good character” means that the straw­ for the grade indicated by the average respect to a proposal to amend the tenta­ berries are fleshy, reasonably firm, that of the total scores; tive marketing agreement and the order, the appearance and eating quality of the (3) None of the containers falls more as amended, regulating the handling of product are not materially affected by than one grade below the grade indi­ milk in the Oklahome City, Oklahoma, disintegration or seediness and that: cated by th% ayerage of such total marketing area. Interested parties may (1) Not more than 10 percent, by scores; and file written exceptions to this decision weight, of strawberries in whole style (4) The average score of all contain­ with the Hearing Clerk, United States may be partial strawberries and mushy ers for any factor subject to a limiting Department of Agriculture, Washington strawberries; and 25, D. C., not later than the close of rule must be within the score range of business the 10th day af^er publication (2) Not more than 15 percent, by that factor for the grade indicated by weight, of strawberries in sliced style of this decision in the F ederal R egister, may be mushy strawberries. the average of the total scores of the Exceptions should be filed in quad­ (c) (B ) classification. If the frozen containers comprising the sample. ruplicate. strawberries have a reasonably good SCORE SHEET Preliminary statement. The hearing, character, a score of 16 or 17 points may on the record of which the following be given. Frozen strawberries that fall § 52.1991 .Score sheet for frozen findings and conclusions were formu­ into this classification shall not be strawberries. lated, was conducted at Oklahoma City, graded above U. S. Grade B or U. S. Oklahoma, on October 19-21, 1953, pur­ Choice, regardless of the total score for Number, size, and kind of container. suant to notice thereof which was issued the product (this is a limiting rule). on September 29, 1953 (18 F. R. 6339). “ Reasonably good character” means Label: Style or pack: Fruit-sugar ratio The material issues of record are con­ that the strawberries are reasonably (if shown). cerned with: fleshy, fairly firm, that the appearance 1. The level and supply-demand ad­ Containers or sample justment of the Class I price; and eating quality of the product are Container mark or not seriously affected by seediness or identification Average 2. The method of determining the disintegration, and that: Cases Class I I price; (1) Not more than 20 percent, by 3. Proposals for the classification and weight, of strawberries in whole style Net weight (ounces)______allocation of milk relating to: Style...... -______(a) Classification of milk transferred may be partial strawberries and mushy Size or sizes (whole)______strawberries; and Under 5/8" (percent by count) to unapproved plants; (2) Not more than 25 percent, by (b) Aerated products; weight, of strawberries in sliced style Factors Score points (c) Emergency milk; may be mushy strawberries. (d) Shrinkage and dumped skim milk; and (d) (C) classification. If the frozen ((A) >36-40 strawberries have a fairly good charac­ I. Color...... 40 1 (B) i 32-35 (e) Inventories. 1(C) >28-31 4. Payments to producers: ter, a score of 14 or 15 points may be l(SStd.) >0-27 given. Frozen strawberries that fall into [(A) 36-40 (a) The base payment period; and J(B) > 32-35 (b) Partial payments. this classification shall not be graded IT. Absence of defects__ 40 1(C) >28-31 above U. S. Grade C or U. S. Standard, l(SStd.) i 0-27 5. Definitions of producer and pro­ regardless of the total score for the prod­ f(A) 18-20 ducer-handler; and J(B) >16-17 uct (this is a limiting rule). “Fairly III. Character______20 (C) >14-15 6. The date of announcement of the good character” means that the straw­ l(SStd.) >0-13 Class I price. Findings and conclusions. The fol­ berries are fairly fleshy, fairly firm and Total score______100 that: lowing findings and conclusions are based upon the testimony received at the (1) Not more than 25 percent, by Normal flavor and odor. count, of strawberries in whole style may Grade-._____ U ____... hearing and the record therèof : be partial strawberries and mushy straw­ 1. The pricing of Class I milk. The berries; and 1 Indicates limiting rule within classification. following three proposals were made to Thursday, January 28, 1954 FEDERAL REGISTER 483 change pricing provisions with respect to (10 each above and below the proposed past year there is no evidence that over Class I milk: norm) within which no adjustment was a long period present prices and differ­ (a) To amend the supply-demand proposed, would make such a provision entials are excessive. From mid 1950 adjustment, relatively ineffective in reflecting through 1952 prices at approximately (b) To make the basic formula price changes in supply and sales relationships these levels did not fully supply the the same as the Class II price, and in the Class I price. market. (c) To reduce the Class I differential The Oklahoma City market has not 2. The Class I I price. It was proposed by 25 cents. been adequately supplied with milk dur­ that two plants in the group of the man­ The Class I price of the Oklahoma City ing fall months in any year prior to ufacturing plants used to determine the order is presently determined by adding 1953 since the effective date of the order. Class n paying price be deleted and two a Class I differential $1.90 ($1.70 for The representative ratios or norm pres­ other plants be substituted. The effect April, May and June) to a basic formula ently provided in the order reflects this of the substitution of the proposed plants price which is the higher of the paying experience to a limited extent. A ratio on the Class n price can not be deter­ prices of midwest condenseries or a of 107 percent of Class I sales is pres­ mined from the record. The Class I I butter-powder formula price. The price ently the norm for the lowest two-month price should be at such levels as will so determined is adjusted on the basis period October-November. Testimony in permit market outlets for necessary re­ of the ratio of producer receipts to Class this record indicates that 110 percent of serve supplies and at the same time not I sales in the immediately preceding two Class I sales is a base minimum supply encourage handlers to retain or increase month period. with which a handler can operate over producer receipts primarily for Class I I Producers proposed that the supply- a 60 day accounting period. Now that use. The testimony fails to show that demand adjustment provisions be modi­ the market is fully supplied it is consid­ the substitution of the proposed plants fied by (1) changing the representative ered appropriate that the norm be raised would reflect a price which is more repre­ ratio or norm now incorporated in the to represent this base minimum supply sentative of competitive prices for milk order by an average of approximately 11 in the short season, but not to the extent for manufacturing uses in this area. The percentage points, (2) providing that proposed by producers. The present record shows that the producers associa­ price adjustments apply only for devia­ norm appears well adjusted seasonally. tion is willing to handle, for its members, tions from the norm that exceed 10 per­ Addition of 3 percentage points uni­ all milk in excess of the handler’s Class centage points instead of 2 percentage formly to each two-month ratio will I requirements which they do not desire points, and (3) limiting the total adjust­ provide adjustment to an adequate sup­ to receive at order prices. It is con­ ment to 30 cents instead of 50 cents. ply level in the short season without cluded that the present basis of estab­ The present supply-demand adjust­ distorting the seasonal adjustment. The lishing Class n prices should not be ment became effective July 1, 1952. Ex­ effect of such adjustment on the present changed. cept for July, when there was no level of prices will be minor, it will pre­ 3. Classification and allocation of milk. adjustment, upward adjustments re­ vent however the possibility of downward a. The provisions of the order pertain­ sulted m the remaining months of 1952. adjustments at times when the market ing to the classification of milk trans­ For 1953 however there has been some may be slightly undersupplied in the ferred or diverted to unapproved milk downward adjustment of the price each short season. plants should be modified to apply the month. For January, February, and No change should be made in the other same classification rules to all milk and March the amount was only 3 cents, but features of the supply-demand adjust­ skim milk transferred to unapproved from April on the decrease has ranged ment. The present range of no adjust­ plants regardless of the type of opera­ from 21 to 50 cents, averaging 34 cents. ment provides jsensitivity which should tion conducted at such plants. Producers contend that these adjust­ be retained. The maximum adjustment The present order language provides, ments, coupled with decreases in the of 50 cents in either direction should in part, for the classification of trans­ basic formula price, have resulted in also be retained rather than limiting the ferred milk from an approved plant to prices that are too low to assure a con­ movement of prices to 30 cents. Such a an unapproved plant on the basis of tinued supply for the market. limit is of necessity arbitrary, and is a location and the character of operation Supply-demand adjustments provide means of limiting action under condi­ at the unapproved plant. If the move­ an automatic means whereby prices may tions of extreme shortage or surplus until ment of such milk is more than 200 miles be adjusted to changing conditions more such time as other pricing features can from the approved plant, the milk is rapidly than by the procedure of public be considered in a public hearing. These classified as Class L I f the movement hearing and order amendment. They considerations do not require that the is less than 200 miles from the approved are designed to increase prices when cur­ range of price change be limited plant, the classification then becomes rent conditions indicate the need for narrowly. dependent on whether or not the un­ greater price incentive to bring more Handler proposals for changes in basic approved plant receiving such trans­ milk to the market and to avoid the formula prices and Class I differentials ferred milk operates wholesale and re­ incentive for more milk to come to the should not be adopted. Testimony in tail routes. Transfers to plants which market when current conditions indicate support of these proposals indicates that do not operate routes are classified au­ that supplies will be more than ample. the proponents are principally interested tomatically as Class I I milk. The Milk supplies in the Oklahoma City in offsetting the increase in the price classification of milk transferred to un­ market have increased substantially in that-jnight have resulted from adoption approved plants having routes is de­ 1953 over those for 1952. While there of producer proposals for revision of the pendent on: has been some increase in Class I sales supply-demand formula. Use of the (a) Utilization of milk at the unap­ this has been at a lesser rate than the Class I I price as the basic formula price proved plant after first giving priority increase in production. As a result the would not produce price changes in the to receipts from the plant’s regular dairy ratio of producer receipts to Class I sales Oklahoma City market consistent with farmers; and for the first 9 months of 1953 averaged those in nearby markets which currently (b) The availability of books and rec­ 135 as contrasted with an average of 116 use a basic formula price identical with ords for audit by the market administra­ for the same months of 1952. While re­ that of the Oklahoma City order. It is tor. ceipts in September 1952 were only 101 argued that with a sensitive supply- The record indicates that all milk or percent of sales, in September 1953 they demand adjustment the actual Class I skim milk transferred to unapproved plants within the 200 miles radius of were 128 percent. For August the com­ price could be the same even though the the market should be classified on a parable figures were 111 and 148 basic formula price plus Class I differ­ respectively. ential might be lower. Even though uniform basis. Classification procedure such a result is conceivable after a long based on whether or not the unapproved Iu general the proposed changes in plant operates retail or wholesale routes the supply-demand formula would pro­ period of operation, no solution is offered is not a satisfactory criteria for classi­ vide increases in price approximating as to how such a result might be achieved fication under present conditions. The those of the present provision and would in a transition period from one method rules which now apply to transfers to have eliminated practically all the de­ of pricing to another. Even though milk processing plants operating routes creases that have occurred. The wide supplies have increased substantially in should be applied to all unapproved range of utilization, 20 percentage points the Oklahoma City market durihg the plants. No. 19---- 8 484 PROPOSED RULE MAKING

, The record shows that some unap­ milk” and allocated separately. The specific provision should be made for the proved plants may be engaged in re­ notice of hearing indicated a different reclassification of skim milk and butter­ ceiving and cooling milk for shipment method of establishing the maximum fat in inventory, which is initially classi­ to other outlets with little or no milk volume to be defined as emergency milk fied as Class H milk and later used as processed in the plant to which the milk and provided allocation for such milk Class I milk. is first transferred or diverted. In or­ which would have produced no change The inventory account should include der to achieve uniformity in the classifi­ from that resulting under the present all bulk milk, skim milk and fluid cream, cation procedure, provision .should be order in the classification of producer and items specifically mentioned as Class made to classify such transfers or diver­ milk. Evidence at the hearing indicated I milk on hand at the beginning or end of sions from the approved plant on the that the intent was that the volume of each month. Class I products are classi­ basis of the utilization in the plant such milk to be defined as emergency fied on the basis of the form in which which processes or manufactures such milk should be that by which 115 per­ disposition is made. It is necessary milk. The proposed change will enable cent of Class I sales exceeded producer therefore to account for bulk milk and the market administrator to follow the receipts and that such emergency milk such Class I products which are on hand utilization of the milk beyond the first should have prior claim over producer and not disposed of at the end of a unapproved plant to determine its clas­ milk for Class I sales. The net result of delivery period. Class II products are sification. This will clarify the intent such a system would be that regardless accounted for primarily on the basis of of the transfer provisions and eliminate of market supplies in relation to sales, the milk used to produce specified the possibility of transferring or divert­ producers would be paid at Class II products. It is therefore unnecessary to ing, as Class n milk, producer milk prices for a volume of milk equal to 15 include Class n products on hand at the through non-processing plants for use percent of the handler’s Class I sales. In end of the month in the handler’s in other unapproved plants for Class I periods of extreme shortage, the shorter monthly report of receipts and utiliza­ usage. the supply of producer milk the lower tion. The handler will be required to Under the present order fluid cream would be the uniform price to producers. keep stock records on holdings of such transferred under Grade A certification Emergency milk provisions should not products to facilitate the auditing of to an unapproved plant located beyond be included in the order on the basis of current receipts and utilization. Prod­ a 200 mile radius from the approved this record. Presently producer milk ucts manufactured from stocks on hand plant is classified as Class I milk and as supplies appear to be adequate to sup­ and used by the handler should be con­ Class n milk if moved without such cer­ ply the needs of the market so that sup­ sidered as a receipt of other source miifr tification. Cream transferred to unap­ plementary supplies are not required. in the month of such usage. proved plants within the 200 mile radius d. Handlers proposed that skim milk At present, plus or minus variations is Class n if transferred to a plant but and butterfat not specifically accounted in inventory between the beginning and does not operate retail or wholesale for as Class II milk no longer be defined end of the month are classified as Class routes. Cream transferred to plants op­ as Class I milk, that the shrinkage allow­ n milk. The classification of inventory erating routes is classified on the same ance be increased during the flush pro­ variations in Class I I milk will result in basis as milk or skim milk. duction months and that dumped milk negative Class n utilization figures in The order should be changed to pro­ be classified as Class n milk. Discus­ any month that a handler’s decrease in vide that cream transferred to an unap­ sion of the proposals resulted in the inventory exceeds other Class n utiliza­ proved plant shall be Class I milk unless abandonment by the handlers of support tion. Such negative figures are confus­ the handler (a) claims classification as of that part of the proposal relating to ing and under such conditions result in Class n milk, (b) establishes that such an increase in the shrinkage allowance. a complicated problem of determining cream was transferred without Grade A Skim milk and butterfat not specifically whether or not reclassification charges certification, and (c) labels or tags each accounted for as Class II milk should be should apply to the inventory milk container to indicate that the contents classified as Class I milk if there is to disposed of as Class I milk. are for manufacturing use only. This be any limit on the shrinkage allow­ The allocation provisions of the order proposed change will provide a uniform ance. The Oklahoma City order pro­ are based on the principle that producer method for establishing the classifica­ vides that skim milk and butterfat used milk is to be given priority over current tion of cream transferred to an unap­ to produce any product not specifically receipts of other source milk for use in proved plant regardless of the type of named as a Class I product shall be Class Class I milk. The classification of in­ operation or location of the unapproved I I milk, but if a handler fails to account ventory variations in Class II milk does plant. for the use of his receipts they are classi­ not follow this principle. Producer milk It was proposed by handlers that milk fied as Class I milk other than for the in beginning inventory is, in effect, as­ transferred to unapproved plants within shrinkage allowance. At present, inas­ signed to Class I I usage prior to current the 200 mile radius be classified by the much as .there is no specific classification receipts of other source milk. For these market administrator on the basis of for skim milk which may be required to reasons the monthly accounting proce­ certification by the handler as to the use be dumped, it is automatically classified dure for the classification of inventory of the milk. It is essential that the as Class I milk when its volume exceeds should be modified and specifically set market administrator be permitted to the shrinkage allowance. Occasions may forth in the order. verify the utilization of transferred milk arise however when handlers are unable Closing inventory should be classified at unapproved plants? in the same man­ to process or otherwise dispose of skim as Class n milk. Opening inventory ner that verification is made of receipts milk in excess of their needs. At such should be treated as a receipt. Provision and utilization in the plants of handlers. times the only practical outlet may be should be made so as to give the handler b. Aerated products containing milk processed skim milk to be disposed of by credit for beginning inventory by sub­ or cream should be classified as Class dumping. Both producers and handlers tracting such inventories from his cur­ II milk rather than Class I milk as favored the adoption of the proposal to rent utilization in series, beginning with presently provided. Such products are handle dumped skim milk as Class I I Class II milk after first subtracting re­ permitted by health authorities to be milk. It is recognized that a handler ceipts of other source milk and allowable disposed of in the Oklahoma City area will use reasonable precautions with re­ producer shrinkage. Any inventory al­ without being from locally inspected spect to dumping milk inasmuch as such located to Class I milk represents a cur­ sources. No handler in the market pro­ disposition does not afford him any re­ rent use in Class I for milk which was duces such products. The present pro­ turn while remaining responsible for classified temporarily as Class II in the vision places handlers at a competitive settlement for such milk at the Class II previous month. Such inventory milk disadvantage with wholesale grocers, in price. Provision should be made how­ should. be subject to a reclassification importing aerated products processed ever, for handlers to notify the market charge if it was derived from producer elsewhere for distribution in the market. administrator in order to afford him an milk. This may be determined by the c. Proposed definition and allocation opportunity to verify such proposed amount of producer milk classified in of emergency milk: It was proposed that dumping and the volumes of such dis­ Class II milk in the previous month. during the months of October through position. Thus the quantity of inventory milk January certain other source milk im­ e. The procedure employed in classify­ which is allocated to Class I milk in the ported under emergency health depart­ ing and allocating skim milk and butter­ current month and on which a reclassifi­ ment permits be defined as “ emergency fat in inventory should be modified and cation charge is to be made should be Thursday, January 28, 1954 FEDERAL REGISTER 485

limited to the amount of producer milk (such as for hauling) may be made from Association and handlers subject to the classified as Class II milk the previous the final payments. order. month. This procedure conforms to the 5. Definition of producer and pro­ The briefs contained proposed findings principles of assigning fluid milk from ducer-handler. A proposal that pro­ and conclusions, and arguments with producers to the highest priced available ducers whose milk was to be priced and respect to the provisions of the proposed utilizations and eliminates the possibil­ pooled deliver all of their production to amendments. Every point covered in ity of reclassification charge on inven­ an approved plant and file sworn state­ the briefs was carefully considered along tory derived from other source milk. , ments that they do not and will not en­ with the evidence in the record in mak­ Provision should be made in the order gage in Class I sales was abandoned by ing the findings and reaching the conclu­ for establishing the rates for reclassifi­ its proponents because of administra­ sions hereinbefore set forth. To the cation charges on inventory milk used tive difficulties. A comparison proposal extent that the findings and conclusions in Class I. This rate should be the dif­ to redefine producer-handler would ap­ proposed in the briefs are inconsistent ference between the Class I price and pear to involve administrative difficul­ with the findings and conclusions con­ the Class n price in the month of utili­ ties in identifying the persons as defined, tained herein, the request to make such zation. In this manner handlers are re­ inasmuch as neither health department findings or to reach such conclusions is quired to pay, and producers receive, the approval nor Class I sales in the market­ denied on the basis of the facts found s^tnft differential over the current ing area would be a prerequisite to pro­ and stated in connection with the conclu­ months’ Class II price for producer milk ducer-handler status. Reports from sions in this recommended decision. derived from inventory, as current former distributors with no connection Recommended marketing agreement receipts of producer milk. with the marketing area would also be and order. The following order, amend­ 4. Payments to producers— a. Exten­required under such a definition. No ing the order, as amended, is recom­ sion of base operating period. Produc­ change in the definition of producers or mended as the detailed and appropriate ers should be paid for base milk during producer-handlers should be adopted on means whereby the foregoing conclusions the months of February through July. the basis of this record. may be carried out. The recommended At present, a producer’s base is formed 6. The order requirement for the an­ marketing agreement is not included in during the months of September, Oc­ nouncements of the Class I price on the this decision because the regulatory pro­ tober, November and December, while 10th day of the month should be changed visions thereof would be identical with producers are paid under the base and to 12th day of the month. those contained in the order as hereby excess plan, during April through June. Handlers reports of receipts and utili­ proposed to be amended. Dairy farmers who are regularly asso­ zation for the preceding month, which 1. In § 905.22 (j) (1) delete “ 10th” ciated with the market, as determined are used in the supply-demand adjust­ and substitute therefor “ 12th” . by their delivery of milk to handlers m e n ts the Class I price for the current 2. In § 905.41 (a) delete the words during the short period of production, month, are required to be forwarded by “ aerated products containing milk or receive the necessary incentive to pro­ handlers not later than the 7th day of cream” . duce milk during the short production the month. With the intervention of a 3. In § 905.41 delete paragraph (b) and season through the operation of the week end or holiday, the market admin­ substitute therefor the following: base and excess plan. To such regular istrator has insufficient time to sum­ (b) Class n milk shall be all skim milk producers, this serves as a means of get­ marize handlers reports to determine the and butterfat, (1) used to produce any ting a high utilization price during the supply-demand adjustment for the an­ product other than those specified in flush production season. The returns nouncement of the Class I priGe by the paragraph (a) of this ¿section ; (2) dis­ to producers during the flush season is 10th day of the month. The proposed revision will not preclude the market ad­ posed of for livestock feed; (3) in frozen commensurate therefore with their de­ cream placed in storage; (4) in skim liveries during the short season. The ministrator from announcing the Class I price at the earliest possible date as milk dumped, after prior notification to record shows that both handlers and and opportunity for verification by the producers are in favor of extending the has been his practice in the past. No market administrator; (5) in shrinkage base operating period since the months objection was raised to the proposed up to 2 percent of receipts from pro­ of April, May and June appears to be change. ducers; (6) in shrinkage of other source too short a period to provide sufficient General findings, (a) The proposed milk; and (7) in inventory at the end of incentive to the producers to furnish marketing agreement and the order, as the month in the forms specified in par­ the milk required during the short pro­ amended, and as hereby proposed to be duction season. Since new producers further amended, and all of the terms agraph (a) (1) and (2) of this section. may form a full base with, deliveries for and conditions thereof will tend to ef­ 4. Delete § 905.43 (b) and substitute ninety days of the base-forming period, fectuate the declared policy of "the act; therefor the following: the months of August and September (b) The parity prices of milk as de­ termined pursuant to section 2 of the act (b) Any skim milk or butterfat classi­ will provide a sufficient period of time fied as Class I I milk shall be reclassified for new producers to enter the market are not reasonable in view of the price of> feeds, available supplies of feeds and if such skim milk or butterfat is later following operating period before de­ disposed of by such handler or another liveries are required in order to establish other economic conditions which affect a full base. market supply of and demand for milk, handler (whether in original or other in the marketing area and the minimum form) as Class I milk. Any skim milk b. Partial payments. A partial pay­ or butterfat which was classified as Class ment with respect to milk received from prices specified in the proposed market­ ing agreem ent and the order, as n milk in the previous month pursuant a producer during the first 15 days of to § 905.41 (b) (7) shall be reclassified each month should not be required if amended, and as hereby proposed to be further amended, are such prices as will as Class I milk if it is subtracted in the the producer has discontinued delivery current month from Class I pursuant to to the handler, and the minimum rate of reflect the aforesaid factors, insure a §905.46 (a) (4). such payment should be specified as the sufficient quantity of pure and wholesome Class II price of the preceding month for milk, and be in the public interest; and 5. Delete paragraphs (d ), (e), and (f) 4 percent milk, without adjustment for (c) The proposed order, as amended, of § 905.44 and substitute therefor the butterfat test or deduction for hauling. and as hereby proposed to be further following r amended, will regulate the handling of Such partial payments are merely ad­ (d) As Class I milk if transferred in vances deductible from' the payment milk in the same manner as, and will be the form of cream to an unapproved computed for deliveries for the entire applicable only to persons in the respec­ month. The provisions stated above tive classes of industrial and commercial plant, unless the handler (1) claims clas­ will avoid any possibility that the re- activity specified in a marketing agree­ sification as Class H milk, (2) establishes advance may exceed the final ment upon which a hearing has been that such cream was transferred with­ settlement and provide for simplicity of held. out Grade A certification, and (3) labels computing the minimum advance. The Rulings on proposed findings and con­ or tags each container “for manufactur­ record indicates the desirability of spe- clusions. ' Briefs were filed, on behalf of ing use only” and so invoices the ship­ cuic mention that authorized deductions the Central Oklahoma Milk Producers ment. 486 PROPOSED RULE MAKING

(e) As Class I milk if transferred orputed by the market administrator as 17 CFR Part 925 1 diverted in the form of bulk milk or follows: [Docket No. A 226—A3 J bulk skim milk to an unapproved plant (a) Multiply the pounds of such milk located not more than 200 miles from in each class by the applicable respec­ M i l k i n P u g e t S o u n d , W ashington, the approved plant unless the following tive class prices and add together the M a r k e t in g A rea conditions are met: resulting amounts; (1) The handler claims classification (b) Add an amount computed by mul­ d e c is io n w i t h respect to a proposes as Class n milk; tiplying the pounds of any overage de­ MARKETING AGREEMENT AND PROPOSED (2) The operator of the unapproved ducted from each class by the applicable ORDER AMENDING ORDER, AS AMENDED plant maintains books and records, class prices; and Pursuant to the provisions of the Agri­ showing the receipts and utilization of (c) Add a reclassification charge com­ cultural Marketing Agreement Act of all skim milk and butterfat at such plant, puted at a rate equal to the difference 1937, as amended (7 U. S. C. 601 et seq.), which are made available if requested between the Class I and Class I I prices and the applicable rules of practice and by the market administrator for the for the current month for skim milk procedure, as amended, governing pro­ purpose of verification; and butterfat in inventory which is sub­ ceedings to formulate marketing agree­ (3) I f the above conditions are met, tracted from Class I pursuant to § 905.46 ments and marketing orders (7 CFR Part the classification reported by the handler (a) (4) and the corresponding step of 900), a public hearing was conducted at shall be subject to verification by the § 905.46 (b) which is not in excess of the Seattle, Washington, on August 10—n market administrator as follows: skim milk and butterfat, respectively, re­ 1953. (i) Determine the use of all skim milk maining in Class n milk in the previous Upon the basis of the evidence intro­ and butterfat at such unapproved plant month pursuant to § 905.46 (a) (4). duced at the hearing and the record and, 9. In § 905.65 delete “April through thereof, the Assistant Administrator, (ii) Allocate the skim milk and but­ June” where such words first appear in Production and Marketing Administra­ terfat so transferred or diverted to the such sections and substitute therefor tion, on December 3, 1953, filed with the highest use classification remaining after “February through July” , and also delete Hearing Clerk, United States Depart­ subtracting, in series beginning with the proviso appearing in paragraph (a) ment of Agriculture, his recommended Class I milk, the skim milk and butterfat of such section. decision. Notice of such recommended in milk received at the unapproved plant 10. In § 905.72 delete “April through decision and opportunity to file written from dairy farmers who the market ad­ June” and substitute therefor “ February exceptions thereto was published in the ministrator determines constitute the through July”. * F ederal R egister on December 9, 1953 regular source of supply for fluid usage 11. In § 905.66 (b) delete “ April (18 F. R. 8090). Following the issuance of such unapproved plant. through June” and substitute therefor of the recommended decision proponents (iii) I f the unapproved plant makes “February through July”. of proposals 3 and 8 as set forth in the bulk shipments of milk or cream and 12. Delete § 905.80 and substitute notice of hearing issued July 23, 1953, the skim milk and butterfat transferred therefor the following: requested that a final decision be with­ to such plant exceeds the amounts re­ held on these proposals pending a re­ maining in the transferee plant after i 905.80 Time and method of pay­ opening of the public hearing for the subtracting receipts from dairy farmers ment. Each handler shall make pay­ reconsideration of such proposals and pursuant to subdivision (ii) of this sub- ment as follows: any closely related matters in relation paragraph, the excess shall be classified (a) On or before the 15th day after to recent developments in economic and according to its* utilization determined the end of the month during which the marketing conditions on which addi­ at the second unapproved plant pursuant milk was received, to each producer for tional evidence would be offered. In light to subdivision (ii) of this subparagraph. whom payment is not made pursuant to of this request a final decision on such paragraph (c) of this section, at not less 6. In § 905.46 (a) insert as subpara­ issues is withheld at this time. Accord­ than the applicable uniform price (s) graph (4) the following and renumber ingly, the following findings and con­ pursuant to § 905.71 or § 905.72, adjusted subparagraphs “ (4 )” “ (5)” and “ (6)” as clusions contained in the recommended “ (5) “ (6)” and “(7)” respectively: by the butterfat differential computed decision are not included as a part of pursuant to § 905.81, less the amount of this decision : (4) Subtract from the remaining the payment made pursuant to para­ (a) The second, third and fourth pounds of skim milk in each class in graph (b) of this section and deductions paragraphs beginning in column 2 and series beginning with Class II, the pounds authorized by the producer. all paragraphs beginning in column 3, of skim milk in inventory specified in (b) On or before the last day of each 18 F. R. 8093 (F. R. Doc. 53-10265), in § 905.41 (b). (7) at the beginning of the month, to each producer (1) for whom their entirety; month; payment is not made pursuant to para­ (b) The first 23 lines in column 1,18 7. In § 905.51 (a) (2) change the tab­ graph (c) of this section* and (2) who F. R. 8094 (F. R. Doc. 53-10265), and ulated schedule of standard utilization has not discontinued delivery of milk the entire first paragraph beginning in percentages to read as follows: to such handler, an advance payment such column; with respect to milk received from such (c) The words “ provisions relating to producer during the first 15 days of such the diversion of producer milk to non­ Month for Standard month computed at the Class n price pool plants should be modified; the” which price Months used In computation utilization applies percentage for 4 percent milk for the preceding contained in the third paragraph begin­ month, without deduction for hauling; ning in column 1, 18 F. R. 8095 (F. R- January_____ 1 1 3 (c) On or before the 13th and 27th Doc. 53-10265) ; also the fourth and fifth February..... 1 1 7 days of each month, in lieu of payments paragraphs beginning in column 1 and March______121 pursuant to paragraphs (a) and (b) re­ the first paragraph beginning in column April______1 2 S May______spectively, of this section, to a coopera­ 2, 18 F. R. 8095 (F. R. Doc. 53-10265) June______tive association, which so requests, with July______1 3 5 in their entirety. August...... June-July______1 3 4 respect to producers for whose milk such Except as referred to in the preceding September___ July-Aueiist. _ 13 0 cooperative associations is authorized to paragraph, the material issues and the October_____ 1 19 collect payments, an amount equal to November.... September-October i n findings and conclusions of the recom­ December___ October-Novemher . the sum of the individual payments oth­ n o mended decision (F. R. Doc. 53-10265, erwise payable to such producers. 18 F. R. 8090) are hereby approved and 8. Delete § 905.70 and substitute there­ Filed at Washington, D. C., this 22d adopted as the findings and conclusions for the following: day of January 1954. of this decision as if set forth in full § 905.70 Computation of value of [ seal] R oy W. L ennartson, herein subject to the following revisions milk. The value of milk received dur­ Deputy Administrator. made in consideration of the exceptions ing each month from each handler from [F. R. Doc. 54-575; Filed, Jan. 27, 1954; filed and certain changes for clarifica­ producers shall be a sum of money com­ 8:50 a. m.l tion: Thursday, January 28, 1954 FEDERAL REGISTER 487

1. Delete the third paragraph begin­ milk should be the most significant un­ ings, conclusions, and amendment action ning in column 3, 18 F. R. 8090 (F. R. derlying consideration to the establish­ decided upon herein are at variance with Doc. 53-10265) and substitute therefor ment of base. However, the transfer the exceptions, such exceptions are over­ the following: of base should be allowed where the ruled. producer transfers his farm and herd (1) The provisions relating to pro­ General findings, (a) The proposed as a going operation to another pro­ marketing agreement and the order, as ducer bases should be revised as to the ducer who continues the production of number of months during the year bases amended, and as hereby proposed to be milk on the same farm. There is little further amended, and all of the terms are applied in distributing to producers likelihood that the curve of production and conditions thereof will tend to ef­ toe proceeds from the sale of milk and established for the farm will alter or fectuate the declared policy of the act; to modify the conditions for the transfer become greatly more seasonal in the (b) The parity prices of milk as deter­ of base between producers. short run, and if the production pattern mined pursuant to section 2 of the act 2. Delete the last paragraph beginning prevailing at the time of transfer is not are not reasonable in view of the price in column 2, 18 F. R. 8091 (F. R. Doc. maintained the transferee producer’s of feeds, available supplies of feeds and 53- 10265) in its entirety and substitute base will be adjusted automatically to other economic conditions which affect therefor the following: his own performance within a period market supply and demand for milk in In establishing percentages for de­ not exceeding twelve months. In the the marketing area, and the minimum termining the bases of new producers meantime the herd should produce gen­ prices specified in the tentative market­ under a 12-month plan, particular con­ erally in accordance with the pattern ing agreement and in the order, as sideration has been given to seasonal resulting from the manner in which the amended, and as hereby proposed to be levels of deliveries for the market as a transferor bred his animals. This revi­ further amended, are such prices as will whole. The seasonal levels of production sion in the base transfer rules will assist reflect the aforesaid factors, insure a in relation to the need for Class I milk a transferor producer to realize full sufficient quantity of pure and whole­ indicates that the percentages of new value from the effort and management some milk and be in the public interest; producer deliveries to be priced as base expended in achieving a desirable pro­ and rniik should be relatively higher in the duction pattern without significantly (c) The order, as amended and as fall and winter months to encourage the affecting the returns of other producers. hereby proposed to be further amended, delivery of milk by new producers in such 4. Add the following immediately fol­will regulate the handling of milk in the months and to minimize the incentive to lowing the last paragraph beginning in same manner as, and is applicable only enter the market during months when column 3, 18 F. R. 8096 (F. R. Doc. to persons in the respective classes of supplies are seasonally large. On the 53-10265): industrial and commercial activity spec­ other hand such percentages should not ified in, the said marketing agreement It is contended in the exceptions filed be set at levels which would result in a upon which a hearing has been held. that the provision adopted differs from price advantage for new producers over Determination of representative pe­ that proposed by the Secretary at the established producers. The latter con­ riod. The month of October 1953 is time of the hearing, and that if the dition would not be in keeping with the hereby determined to be the representa­ original proposal is not the correct solu­ basic concepts of this method of distrib­ tive period for the purpose of ascertain­ tion then no action should be taken until uting producer returns and inevitably ing whether the issuance of an order the provision recommended can be sub­ would induce established producers with amending the order, as amended, regu­ bases earned in the regular manner to mitted for further hearing when inter­ lating the handling of milk in the Pudget abandon them and seek the more favor­ ested parties will have an opportunity to Sound, Washington, marketing area in address their testimony directly, to it. able opportunity afforded by the new the manner set forth in the attached producer bqse. The widespread relin­ The original proposal was based upon an amending order is approved or favored interpretation of the order which had quishment of earned bases would disrupt by producers who during such period the effectiveness of the plan. The fol­ been put into effect by the market ad­ were engaged in the production of milk lowing percentages of deliveries for the ministrator. It is clear in the record for sale in the marketing area specified additional months the plan will be in that the market administrator desired in such marketing order, as amended. effect should provide a situation in which advice as to a proper method of account­ Annexed hereto and made a part here­ ing for the volume of milk to be priced Returns to established producers are not of are two documents entitled respec­ unduly reduced by the entry of new pro­ as fortified skim milk or skim milk drinks tively, “ marketing agreement regulating ducers in the fall months and yet in as the result of the addition of nonfat the handling of milk in the Puget Sound, which no serious deterrent to market dry milk solids. The testimony dis­ Washington, marketing area,’’ and expansion through the addition of new closes that the interpretation applied “order amending the order, as amended, producers is introduced: August, 65; Sep­ does not result in the uniform pricing of regulating the handling of milk in the tember and October, 75; November and milk based on its use, as required by the Puget Sound, Washington, marketing December, 80; and January, 75. The statute. In order to meet the standards area,” which have been decided upon as present record indicates that the percent­ of classification and pricing required by the detailed and appropriate means of ages currently established by the order the act, the provision herein adopted is effectuating the foregoing conclusions. with respect to -new producer deliveries considered necessary. These documents shall not become effec­ for the months of February through July As a corollary change for the purpose tive unless and until the requirements have operated satisfactorily and do not of implementing the accounting for such of §900.14 of the rules of practice and require revision. The above-stated per­ products, a revision of language in the procedure, as amended, governing pro­ centages will establish for the added definition of other source milk has been ceedings to formulate marketing agree­ months a relationship of new producer made. ments and orders have been met. returns to those of regular producers Rulings on exceptions. Exceptions re­ It is hereby ordered, That all of this similar to that currently provided by lating to the findings, conclusions and decision, except the attached market­ the order for February through July. In amendment action recommended by the ing agreement, be published in the F ed ­ view of the foregoing it is concluded Assistant Administrator were filed by eral R eg ist e r . The regulatory provi­ that the base and excess plan of payment the Arden Farms Co. and ten coopera­ sions of said marketing agreement are should be made effective for all months tive associations of producers jointly identical with those contained in the at­ of the year. through the United Dairymen’s Associa­ tached order, as amended, which will be 3. Delete the second and third para­ tion. In arriving at the findings, con­ published with this decision. graphs beginning in column 3, 18 F. R. clusions and amendment action decided in this decision, each of these exceptions This decision filed at Washington, »091 (F. R. Doc. 53-10265) in their en- D. C., this 22d day of January 1954. hrety and substitute therefor the was carefully and fully considered in following: \ conjunction with the record evidence Dated: January 22, 1954. pertaining thereto. Some revisions of The ability of the producer, as a farm the recommended decision have resulted [ s e a l ] J o h n H. D a v is , manager, to produce even supplies of therefrom. To the extent that the find- Assistant Secretary of Agriculture. 488 PROPOSED RULE MAKING

Order * Amending the Order, as and butterfat received from a producer- after allocating to such uses the other Amended, Regulating the Handling of handler (or the plant of a producer- source milk at such plant; and Milk in the Puget Sound, Washington, handler) in any form (including bottled 4a. Delete § 925.44 (b) (1) and substi­ Marketing Area products), and (b) all other skim milk tute therefor the following: § 925.0 Findings and determinations. and butterfat other than in (1) pro­ (1) The skim milk or butterfat so as­ The findings and determinations herein­ ducer milk, and (2) milk and milk prod­ signed to Class II milk shall be limited after set forth are supplementary and ucts in any of the forms specified in to the amount thereof remaining in Class in addition to the findings and deter­ § 925.41 (a) (1) received from fluid milk I I milk in the transferee plant after the minations previously made in connec­ plants and country plants. subtraction pursuant to § 925.45 (b) (2) tion with the issuance of the aforesaid 2. Delete § 925.18 a n d substitute of other source milk at such plant and order and of the previously issued therefor the following: after the subtraction of producer shrink­ amendments thereto; and all of said age classified as Class II milk pursuant previous findings and determinations § 925.18 Base milk. “ Base milk” means milk delivered by a producer dur­ to § 925.41 (b) (4), and any additional are hereby ratified and affirmed, except ing the month which is not in excess of amounts of such skim milk or butterfat insofar as such findings and determina­ (a) his daily base computed pursuant shall be assigned to Class I milk; tions may be in conflict with the findings to § 925.60 (a) multiplied by the num­ and determinations set forth herein. 5. Delete § 925.44 (b) (4) and sub­ ber of days of delivery in such month, (a) Findings upon the basis of the stitute therefor the following: or (b) his base computed pursuant to hearing record. Pursuant to the provi­ § 925.60 (b): Provided, That with re­ (4) If at a country plant any receipts sions of the Agricultural Marketing spect to any producer on “ every-other- of skim milk or butterfat from any fluid Agreement Act of 1937, as amended day” delivery to a fluid milk plant or milk plant(s) or country plant(s) lo­ (hereinafter referred to as the “act”) country plant, the days of non-delivery cated in District No. 1 or in the counties (7 U. S. C. 601 et seq.), and the rules of shall be considered as days of delivery of Kitsap and Mason are assigned to practice and procedure governing the Class II milk, they shall be allocated to formulation of marketing agreements for the purposes of this section and of § 925.60 (a). the uses stated in § 925.54 (a) insofar and marketing orders (7 CFR Part 900) as such uses are available at the trans­ a public hearing was held upon certain 3. Delete the language of § 925.30 pre­ feree plant after allocating to such uses proposed amendments to the tentative ceding paragraph (a) of such section the other source mils: at such plant; and marketing agreement and to the order, and substitute therefor the following: as amended, regulating the handling of 5a. Add the following as § 925.44 (b) § 925.30 Monthly reports of receipts (5): milk in the Puget Sound, Washington, and utilization. On or before the 8th marketing area. Upon the basis of the day of each month and in the detail (5) Notwithstanding the prior provi­ evidence introduced at such hearing and and on fopns prescribed by the market sions of this paragraph, any such skim the record thereof, it is found that: administrator, each person who is a milk and butterfat caused to be moved (1) The said order, as amended, and handler pursuant to § 925.15 (a), except in bulk by a handler during any month as hereby further amended, and all of a producer-handler, shall submit to the from any fluid milk plant or country the terms and conditions of said order, market administrator a separate report plant without being received therein to a as amended, and as hereby further for each of such handler’s fluid milk country plant in which facilities are amended, will tend to effectuate the de­ plants, country plants, and plants where maintained and used during the same clared policy of the act; milk or milk products subject to pay­ month to receive milk or milk products (2) The parity prices of milk as deter­ ments required under § 925.70 (b) were required by applicable health authority mined pursuant to section 2 of the act handled, and each cooperative associa­ regulations to be kept physically separate are not reasonable in view of the prices tion which is a handler pursuant to from milk qualified as described in of feeds, available supplies of feeds, and § 925.15 (b) shall submit to the market § 925.12 shall be deemed to have been other economic conditions which affect administrator a report with respect to transferred by such handler to a country market supply and demand for milk in milk diverted on its account, containing plant and shall be classified in accord­ the marketing area, and the minimum the following information for the pre­ ance with the provisions of this para­ prices specified in the order, as amended, ceding month. graph. and as hereby further amended, are such prices as will reflect the aforesaid factors, 3a. Add the following as § 925.44 (a) 5b. Delete § 925.44 (c) (2) and substi­ insure a sufficient quantity of pure and (5): tute therefor the following : wholesome milk, and be in the public (5) Notwithstanding the prior provi­ (2) As Class I I milk if the transfer interest; and sions of this paragraph any such skim is to a nonpool plant located in the mar­ (3) The said order, as amended, and milk and butterfat caused to be moved in keting area or within any of the counties as hereby further amended, regulates bulk by a handler during any month from of Clallam, Jefferson, Grays Harbor, the handling of milk in the same manner any fluid milk plant or country plant Island, Kitsap and Mason, in the State as, and is applicable only to persons in either by transfer or without being re­ of Washington, which is not engaged in the respective classes of industrial and ceived therein to a fluid milk plant in the distribution of milk for consumption commercial activity specified in, a mar­ which facilities are maintained and used in fluid form: Provided, That if such keting agreement upon which hearings during the same month to receive milk nonpool plant disposes of skim milk or have been held. or milk products required by applicable butterfat in any of the forms specified Order relative to handling. It is there­ health authority regulations to be kept in § 925.41 (a) (1) to any other nonpool fore ordered, that on and after the effec­ physically separate from milk qualified plant distributing milk in fluid form tive date hereof, the handling of milk as described in § 925.12 shall be deemed which is not located in the marketing in the Puget Sound, Washington, mar­ to have been transferred by such han­ area, such disposition up to the quantity keting area shall be in conformity to and dler to a country plant and shall be clas­ of producer milk transferred to the first nonpool plant shall be classified as Class in compliance with the following terms sified in accordance with the provisions I milk: Provided further, That if the and conditions: of paragraph (b) of this section. preceding proviso does not apply the 1, Delete § 925.14 and substitute there­ 4. Delete § 925.44 (a) (4) and sub­ transferred quantity shall be allocated for the following: stitute therefor the following: to uses other than those covered by § 925.14 Other source milk. “ Other (4) I f at a fluid milk plant any receipts§ 925.54 (a) .(1) to the extent that such source milk” means (a) all skim milk of skim milk or butterfat from any fluid other Class I I milk uses are available at milk plant (s) or country plant (s) located such nonpool plant: And provided also, 1 This order shall not become effective un­ in District No. 1 or in the counties of K it­ That if the market administrator is not less and untU the requirements of § 900.14 sap or Mason are assigned to Class I I permitted to audit the records of such of the rules of practice and "procedure gov­ erning proceedings to formulate marketing milk, they shall be allocated to the uses nonpool plant for the purpose of use agreements and marketing orders have been stated in § 925.54 (a) insofar as such verification, the entire transfer shall be met. uses are available at the transferee plant classified as Class I milk. Thursdayt January 28, 1954 FEDERAL REGISTER 489

6. Delete § 925.45 (a) and substitute 10. Delete § 925.61 andsubstitute equipment used are jointly owned or therefor the following: therefor the following: operated. (a) Correct for mathematical and for § 925.61 Base rules. The following 11. Delete that portion of § 925.70 (a) other obvious errors the monthly report rules shall be observed in determination prior to subparagraph (1) of such para­ submitted by such handler and compute of bases: graph and substitute therefor the the total pounds of skim milk and butter- (a) A base may be transferred upon following : fat in each class: Provided, That when written notice to the market adminis­ (a) Except as provided in paragraph nonfat milk solids derived from nonfat trator on or before the last day of the (b) of this section, the total value of dry milk solids, condensed skim milk, month of transfer, but under the follow­ milk received during any month at each or any other product condensed from ing circumstances only: If a producer plant by each handler, including a co­ sfrim milk, are utilized by such handler sells, leases, or otherwise conveys his operative association, shall be a sum of either (1) to fortify (or as an additive to) herd to another producer, the latter may money computed by the market admin­ fluid milk, flavored milk, skim milk or receive the transferor’s base, unless istrator as follows: any other milk product, or (2) for dis­ earned under § 925.60 (b ), pursuant to position in reconstituted form as skim the conveyance and utilize such base 12. Delete § 925.70 (a) (6) and (b) iriiik or a milk drink, the total pounds until February 1 next following the date and substitute therefor the following: of skim milk computed for the appro­ of conveyance, subject to the following (6) Add, with respect to other source priate class of use shall reflect a volume conditions: milk (including overage allocated to equivalent to the skim milk used to pro­ (1) Such base shall apply to deliveries other source milk) received at each fluid duce such nonfat milk solids. of milk by the transferee producer from milk plant and country plant of such 7. Delete in § 925.52 (a) the figure the same farm only; handler in excess of the total volume of (2) If such conveyance takes place "1.25" and substitute therefor the figure his Class I I milk (except allowable subsequent to August 1 of any year, all shrinkage) at such plant, an amount " 1.2.” milk delivered to a handler(s) between 8. Delete § 925.54 (a) and substitute computed by multiplying the hundred­ August 1 and December 31, inclusive, theréfor the following: weight of such other source milk by the from the same farm (whether by the difference between the Class I milk and (a) Compute the sum (in pounds) of : transferor or transferee producer) shall Class n milk prices adjusted, respec­ (1) The total utilization at such plant be utilized, pursuant to § 925.60 (a), in tively, by the butterfat differentials pro­ (including any disposition of skim milk computing the base of the transferee vided in § 925.52 (based on the butterfat and butterfat from such plant for simi­ producer to become effective the next test of such other source milk), and in lar uses at nonpool plants) of skim milk February 1; and the case of a fluid milk plant or country and butterfat, respectively, in evaporated (3) It is established to the satisfaction plant not located in District No. 1, or in milk in hermetically sealed cans, butter, of the market administrator that the the counties of Kitsap or Mason, such nonfat dry milk solids, powdered whole conveyance of the herd was bona-fide difference shall be reduced as follows: milk, all cheeses except “ baker’s,” “pot,” and not for the purpose of evading any 50 cents at any such plant located in cottage (including that creamed), cream provision of this subpart. Clallam Coianty or Jefferson County; and and neufchatel, and shrinkage allowable (b) A producer who ceases deliveries 40 cents at any other plant not located in as Class II milk pursuant to § 92S.41 (b) to a fluid milk plant or country plant for District No. 1 or in the counties of Kitsap (4) and (5), and (2) the total quantity more than 45 days shall lose his base if or Mason. of skim milk and butterfat transferred computed pursuant to § 925.60 (a) and if (b) The value of milk of each handler to other fluid milk plants and country he resumes deliveries to such a plant he at any plant where only other source plants located in District No. 1 or in the shall be paid on a base determined pur­ milk was received and from which, dur­ counties of Kitsap and Mason and allo­ suant to § 925.60 (b) until he can estab­ ing the month, some other source milk cated to the uses specified in subpara­ lish a new base under § 925.60 (a) to was disposed of within the marketing graph (1) of this paragraph (as provided begin the next February 1. in § 925.44 (a) (4) and (b) (4) ) ; area as Class I milk pursuant to § 925.41 (c) By notifying the market adminis­ (a) (1) shall be a sum of money com­ 9. Delete § 925.60 (a) and (b) and sub­trator in writing on or before the 15th puted by the market administrator by stitute therefor the following: day of any month, a producer holding a multiplying the hundredweight of such base established pursuant to § 925.60 (a) (a) The daily base of each producer other source milk so disposed of by the may relinquish such base by cancellation, difference between the Class I milk and whose milk was received by a handler (s) and effective from the first day of the on not less than one hundred twenty Class I I milk prices adjusted, respec­ month in which notice is received by the tively, by the butterfat differentials pro­ (120) days during the months of August market administrator until the next Feb­ through December, inclusive, shall be an vided in § 925.52 (based on the butterfat ruary 1 such producer’s base shall be test of such other source m ilk ), and, in amount computed by dividing such pro­ computed in the manner provided by ducer’s total pounds of milk delivered in the event disposition within the mar­ § 925.60 (b). keting area was only within Districts Nos. such five-month period by the number (d) As soon as bases computed by the 2 or 3, such difference shall be reduced of days from the date of his first de­ market administrator are allotted, notice livery to the end of such five-month of the amount of each producer’s base by 40 cents per hundredweight. period. The base so computed, which shall be given by the market administra­ 13. Delete § 925.80 (b) and substitute shall be recomputed each year, shall be­ tor to the handler receiving such pro­ therefor the following: come effective on the first day of Feb­ ducer’s milk and' to the cooperative ruary next following and shall remain in association of which the producer is a (b) On or before the 17th day after effect through the month of January of member. Each handler, following re­ the end of each month each handler the next succeding year. ceipt of such notice, shall promptly post shall pay to each cooperative association (b> A ny producer who is not eligible in a conspicuous place at each of his which operates a fluid milk plant or to receive a base computed pursuant to plants a list or lists showing the base of country plant, for skim milk and butter­ Paragraph (a) of this section, shall have, each producer whose milk is received at fat received from such cooperative as­ beginning with February 1954, a such plant. sociation during such month, an amount monthly base computed by multiplying (e) I f a producer operates more than of money computed by multiplying the his deliveries to a handler (s) during the one farm he shall establish a separate total pounds of such skim milk and but­ month by the appropriate monthly per­ base with respect to producer milk de­ terfat in each class (pursuant to § 925.41) centage in the following table: livered from each such farm.

14. Delete § 925.81 (b) and substitute Nicholas L. Keyock is hereby desig­ Material issue. The material issue therefor the following: nated agent of the Secretary to conduct presented on the record of the hearing (b) 25 cents per hundredweight shallsuch referendum in accordance with the was concerned with amending the mar­ be added to the uniform price for excess procedure for the conduct of referenda keting agreement and order to: to determine producer approval of milk milk received from producers at plants (1) Provide that no assessments shall marketing orders as published in the „located in District No. 1 or in the coun­ be levied against peaches which are ex­ ties of Kitsap and Mason. F ederal R egister on August 10, 1950 (15 empt from inspection. F. R. 5177). Findings and conclusions. The find­ 15. Delete § 925.87 (a) and substitute ings and conclusions on the material is­ therefor the following: Done at Washington, D. C., this 22d day of January 1954. sue are based upon the evidence adduced (a) Except as set forth in paragraph at the hearing and the record thereof and (b) of this section, each handler, in mak­ [ s e a l ] ' J o h n H . D a v is , are as follows: ing payments to producers (other than Assistant Secretary of Agriculture. (1) The marketing agreement and or­ with respect to milk of such handler’s der should be amended to provide that [F. R. Doc. 54-576; Filed, Jan. 27, 1954; no assessments shall be levied against own production) pursuant to § 925.80 8:50 a. m.] (a), shall make a deduction of 5 cents peaches which are exempt from inspec­ per hundredweight of milk, or such tion. amount not exceeding 5 cents per hun­ .The marketing agreement and order were amended, effective May 26, 1953, to dredweight as the Secretary may pre­ [ 7 CFR Part 962 ] scribe, with respect to the following: authorize the committee to recommend, (1) All milk received from producers [Docket No. AO 162-A4] and the Secretary to prescribe, that the at a plant not operated by a cooperative inspection requirements of the market­ H a n d l in g o f F resh P each es G r o w n i n ing agreement and order shall be not association; G eorgia (2) All milk received at a plant oper­ applicable to any peaches in bulk shipped ated by a cooperative association from NOTICE OF RECOMMENDED DECISION AND OP­ to the adjacent markets (the States of producers who are not members of such PORTUNITY TO FILE WRITTEN EXCEPTIONS Florida, Alabama, Tennessee, North association; and W IT H RESPECT TO PROPOSED AMENDMENTS Carolina, South Carolina, Mississippi, (3) All milk received at a plant oper­ TO AMENDED MARKETING AGREEMENT AND and that portion of Louisiana which is ated by a cooperative association(s) ORDER east of the Mississippi River). T his from producers who are members there­ Pursuant to the rules of practice and provision authorized the exemption of of but for whom any of the services set procedure, as amended, governing pro­ such shipments from only the inspection forth below in this paragraph is not ceedings to formulate marketing agree­ requirements, but such shipments were being performed by such association(s), ments and marketing orders (7 CFR Part required to comply in all other respects as determined by the market adminis­ 900 ; 19 F. R. 57), notice is hereby given with the provisions of the program. In­ trator. of the filing with the Hearing Clerk of spection was not required on peaches Such deduction shall be paid by the the recommended decision of the Dep­ shipped in bulk to adjacent markets un­ handler to the market administrator on uty Administrator, Agricultural Market­ der this provision during the 1953 season, or before the 15th day after the end of ing Service, United States Department and shipments to the adjacent markets the month. Such moneys shall be ex­ of Agriculture, with respect to proposed during 1953 reported to ! the committee pended by the market administrator for amendments to Marketing Agreement constituted only a small percentage (4 the verification of weights, sampling, and No. 99, as amended, and Order No. 62, percent) of the total shipments of fresh testing of milk received from producers as amended (7 CFR Part 962; 18 F. R. peaches from the State of Georgia. and in providing for market information 3013), hereinafter referred to as “mar­ Total shipments to adjacent markets to producers; such services to be per­ keting agreement” and “ order,” respec­ during the 1951 and 1952 seasons were formed in whole or in part by the market tively, regulating the handling of fresh also rather small in relation to other administrator or by an agent engaged peaches grown in the State of Georgia, -out-of-State shipments, totaling 13 per­ by and responsible to him. to be made effective pursuant to the cent and 11 percent, respectively, of the total out-of-State shipments. [F. R. Doc. 54-577; Filed, Jan. 27, 1954; provisions of the Agricultural Marketing 8:50 a. m.] Agreement Act of 1937, as amended (48 Assessments to defray the cost of Stat. 31, as amended; 7 U. S. C. 601 administering and operating the mar­ et seq.), hèreinafter referred to as the keting agreement and order have been “ act.” Interested parties may file writ­ collected from shippers of fresh peaches [ 7 CFR Part 925 1 ten exceptions to this recommended de­ by the Federal-State Inspection Service under a cooperative agreement between M i l k i n P u g e t S o u n d , W a s h in g t o n , cision with the Hearing Clerk, United States Department of Agriculture, Room such service and the committee since the M a r k e t in g A rea 1353, South Building, Washington 25, inception of the marketing agreement ORDER OF SECRETARY DIRECTING THAT REF­ D. C., not later than the close pf busi­ program. Experience has shown that, ERENDUM BE CONDUCTED AMONG PRO­ ness on the tenth day after publication inasmuch as inspectors of this service DUCERS SUPPLYING M IL K AND DESIGNA­ thereof in the F ederal R eg ister . Ex­ are present in the packinghouses of ship­ TION OF AGENT TO CONDUCT SUCH ceptions should be filed in quadruplicate. pers in order to inspect peaches, and REFERENDUM Preliminary statement. The public since this service collects a fee for the hearing, on the record of which the pro­ inspection performed, marketing agree­ Pursuant to section 8c (19) of the ment program assessments can be col­ Agricultural Marketing Agreement Act posed amendments to the marketing agreement and order are formulated, was lected by such inspectors at considerable of 1937, as amended (7 U. S. C. 608c savings over the costs which would be (1 9 )), it is hereby directed that a ref­ initiated by the Production and Market­ ing Administration as a result of pro­ involved in collecting these assessments erendum be conducted among the pro­ if the collections were made by the com­ ducers (as defined in the order, as posals received from the In d u s try Committee, hereinafter referred to as mittee. Bulk shipments to adjacent amended, regulating the handling of markets may originate either at a pack­ milk in the Puget Sound, Washington, the “ committee,” established pursuant to the marketing agreement and order inghouse of a shipper or at an orchard, marketing area) who, during the month whereas packed peaches originate only of October. 1953 were engaged in the pro­ as the agency to administer the terms and provisions thereof. In accordance at packinghouses. Since inspection is duction of milk for sale in the market­ not now required on peaches shipped in ing area specified in the aforesaid order with the applicable provisions of the aforesaid rules of practice and proce­ bulk to the adjacent markets under the to determine whether such producers circumstances stated above, inspectors dure, a notice that a public hearing favor the issuance of the order which would not be required at the packing­ is a part of the decision of the Secretary would be held in Macon, Georgia, begin­ houses and orchards of shippers who of Agriculture filed simultaneously ning on December 17, 1953, to consider ship only bulk peaches to adjacent mar­ herewith.1 the proposed amendments was published kets if assessments on such peaches were in the F ederal R egister (18 F. R . 7895) not required under the marketing agree­ * See F. R. Doc. 54-577 supra. on December 8, 1953. ment and order. The collection of as- Thursday, January 28, 1954 FEDERAL REGISTER 491 sessments on such peaches could be Rulings on findings and conclusions. order as hereby proposed to be amended accomplished under the present provi­ The period ending January 4, 1954, was prescribe such different terms applicable sions of the program by either (1) an fixed for the filing of briefs, proposed to different marketing areas, as are nec­ increase in inspection personnel for the findings, or conclusions. No such docu­ essary to give due recognition to such specific purpose of collecting such as­ ments were filed within the prescribed differences in the marketing of such sessments, or (2) an increase in person­ time. peaches. nel employed by the committee. Reports General findings. (1) The marketing Effective November 15,1953, the parity indicate that the equivalent of 182 car­ agreement as hereby proposed to be price for fresh peaches grown in the loads of fresh peaches were shipped in amended, and the order as hereby pro­ production area was $2.80 per bushel bulk to adjacent markets during 1953. posed to be amended, and all of the on the tree. On the basis of information At the assessment rate in effect during terms and conditions thereof, will tend to now available, the seasonal average farm the 1953 season, revenue from such ship­ effectuate the declared policy of the act ; price for the 1954 crop of peaches grown ments amounted to only $704.34. During (2) The marketing agreement as in the production area will not exceed the 1953 season the Inspection Service hereby proposed to be amended, and the the parity price level for the 1954 maintained a larger force than would order as hereby proposed to be amended, season. have been necessary for inspection pur­ regulate the handling of peaches grown Recommended amendment to the poses, for the purpose of collecting as­ in the State of Georgia in the same man­ marketing agreement and order. The sessments on bulk shipments to adja­ ner as, and are applicable only to per­ following amendment to the marketing cent markets, and the expenses incurred sons in the respective classes of industrial agreement and order is recommended as were greater than the sum collected. and commercial activity specified in, the the detailed means by which the afore­ The expenses of collecting assessments marketing agreement upon which hear­ said conclusions may be carried out: on such peaches in future years, unless ings have been held; 1. Delete the proviso in the first sen­ such adjacent market peaches were re­ (3) The marketing agreement as tence of § 962.41 and insert in lieu quired to be inspected, would be in ex­ hereby proposed to be amended, and the thereof the following: Provided, That cess of the sum collected regardless of order as hereby proposed to be amended no assessment shall be levied against whether collection was accomplished by are limited in their application to the peaches that are exempt from regulation personnel of the Inspection Service or smallest regional production area that pursuant to § 962.71 or against peaches by employees of the committee. During is practicable, consistently with carry­ that are exempt from inspection pur­ those periods, if any, when inspection is ing out the declared policy, of the act; suant to § 962.64/' required on bulk shipments of fresh and the issuance of several orders ap­ Filed at Washington, D. C., this 22d peaches to adjacent markets, however, plicable to subdivisions of such regional day of January 1954. shippers should be required to pay as­ production area would not effectively sessments on such peaches, because un­ carry out the declared policy of the act; [ s e a l ] — F. R. B u r k e , der such circumstances the sum of the and Acting Deputy Administrator. assessments so collected would exceed (4) The marketing agreement as [F. R. Doc. 54-578; Filed, Jan. 27, 1954; the expenses incurred in such collection. hereby proposed to be amended, and the 8:51 a. m.]

NOTICES

DEPARTMENT OF THE INTERIOR tion is rejected. In either case, a sep­ published In the F ederal R egister De­ arate notice will be sent to each inter­ cember 17, 1953, on page 8462 which was Bureau of Land Management ested party of record. amended and published in the F ederal The lands involved in the application R e g ister December 29, 1953, on page N ebraska N a t io n a l F orest are: 8811 is hereby canceled on advice from NOTICE OF PROPOSED WITHDRAWAL AND T. 22 N., R. 26 W., 6th P. M., Nebraska. the Division of Engineering, Bureau of RESERVATION OF LANDS Beginning at a point on the west boundary Land Management, to the effect that An application, serial No. 59154, for the of Sec. 2 from which the south sixteenth a new plat has been authorized. withdrawal from all forms of appropria­ section corner between Secs. 2 and 3 bears The land affected lies in T. 18 N., R. S. 0° 28' E., 0.75 chains; thence N. 0° 28' 13 E., C. R. M. Sections 18, 19 and 20. tion under the public land laws, except W. along section line approximately 19.70 of the lands described below was filed chains to the south boundary of 100 foot A lfr ed P. S teger, on November 10,1952, by the U. S. Forest right of way to C. B. and Q. R. R.; thence Manager. Service. southeasterly along south boundary of said The purposes of the proposed with­ right of way to a point on meridianal center [F. R. Doc. 54-557; Filed, Jan. 27, 1954; 8:47 a. m.] drawal: Land to be added to and made section line of Sec. 2; thence S. 0° 21' E., 10.30 chains, along said center section line a part of the Nebraska National Forest. to south center sixteenth section corner; For a period of thirty days from the thence S. 89° 46' W., 23.34 chains, approx­ date of publication of this notice, per­ imately along south latitudinal sixteenth A lask a sons having cause to object to the pro­ section line; thence N. 81® 48' W.. 13.86 posed withdrawal may present their chains; thence S. 66° 56' W., 3.29 chains to SHORESPACE RESTORATION ORDER NO. 505 objections in writing to the Regional point of beginning. J a n u a r y 22, 1954. Administrator, Region III, Bureau of The area described aggregates approxi­ By virtue of the authority contained Land Management, Department of the mately 54.4 acres. Interior at Billings, Montana. In case in the act of June 5, 1920 (41 Stat. 1059; any objection is filed and the nature of M . B . W a lla c e , 48 U. S. C. 372), and pursuant to section the opposition is such as to warrant it, Regional Administrator. 2.22 (a) (3), of Order No. 1, Bureau of a public hearing will be held at a con­ [F. R. Doc. 54-587; Filed, Jan. 27, 1954; Land Management, Region VII, ap­ venient time and place, which will be 8:53 a. m.J proved by the Acting Secretary of the announced, where opponents to the or­ Interior August 20, 1951 (16 F. R. 8625), der may state their views and where it is ordered as follows: proponents of the order can explain its Subject to valid existing rights, the purpose. A lask a provisions of existing withdrawals, the requirements of applicable law, and the , The determination of the Secretary on f il in g o f p la t o f s u r v e y canceled the application will be published'in the 91-day preference right filing period for Federal R egister, either in the form of J a n u a r y 15, 1954. veterans, and other qualified persons a public land order or in the form of Notice is given that the plat or original entitled to preference under the act of a Notice of Determination if the applica- survey of the following described lands September 27, 1944 (58 Stat. 747; 43 No. 19- 492 NOTICES

U. S. C. 279-284), as amended, the 80- A tract of land .situated on Point Baker, A tract of land situated on Elfin Cove rod shorespace reserved created under Anchorage, Alaska, identified as Lot 38, U. S. Alaska, identified as Lot 55, U. S. Survey the act of May 14, 1898 (30 Stat. 409), Survey 2829, containing approximately 0.93 2953, containing approximately 0.68 acre acres (Homesite Application yof Herbert (Homesite Application of Karl Wollarth as amended by the act of March 3, 1903 Zeiske, Anchorage 024505). Anchorage 025559). (32 Stat. 1028; 48 U. S. C. 371) , is hereby A tract of land situated on Kenai Lake, A tract of land situated on Tongass Nar­ revoked as to the following described Alaska, identified as Lot G, U. S. Survey rows, Alaska, identified as Lot 53, U. S. Survey lands, effective at 10:00 a. m. on the 21st 2520, containing approximately 3.97 acres 2402, containing approximately 1.33 acres day after the date of this order. (Homesite Application of Russell W. Lamo- (Homesite Application of Roland Fisher reaux, Anchorage 024534). Anchorage ,025618). A nchorage L and D istrict A tract of land situated on Turnagain Arm, A tract of land situated on Elfin Cove A tract of land situated on Lake Nancy, Alaska, identified as Lot 10, U. S. Survey 2757, Alaska, identified as Lot 17, proposed U. s! Alaska, more particularly described as fol­ containing approximately 4.48 acres (Home- Survey 2947, containing approximately 0.47 lows: site Application of James W . Carter, Anchor­ acre (Petition for Small Tract Classifica­ Beginning at the section corner common age 024579). tion of Hugh A. Tennison, Anchorage 025623). to Sections 33 and 34, T. 19 N., R. 4 W., and A tract of land situated on Elfin Cove, A tract of land situated on Wrangell Nar­ Section 3, T. 18 N., R. 4 W., Seward Meridian; Alaska, identified as Lot 41, U. S. Survey 2951, rows, Alaska, identified as Lot D, U. S. Survey thence, south 11.55 chains; thence, north­ containing approximately 1.31 acres (Home- 2461, containing approximately 4.88 acres westerly along the shore 13.00 chains; thence, site Application of Arthur H. Alexander, (Homesite Application of Raymond Brady, east 5.57 chains to the point of beginning, Anchorage 024588). Anchorage 022651). containing approximately 4.5 acres (Peti­ A tract of land situated on Point Baker A tract of land situated on Boswell Bay, tion for Shorespace Restoration of Kenneth Anchorage, Alaska identified as Lot 12, U. S. Alaska, identified as Homesite 74, U. S. Sur­ V. Preston, Anchorage 016865). Survey 2827, containing approximately 1.26 vey 2679, containing approximately 4.64 acres A tract of land situated on Seldovia Bay, acres (Homesite Application of Delman (Homesite Application of W. W. Tschoeppl, Alaska, identified as Lot 3, Section 6, T. 9 S., Ramp, Anchorage 024602). Anchorage 025822). R. 14 W., Seward Meridian, containing ap­ A tract of land situated on Auke Lake, A tract of land situated on Kenai proximately 15.29 acres (Homesite Applica­ Alaska, identified as Lot K, ü. S. Survey Alaska, identified as Lot 1, U. S. Survey 2528^ tion of Orland P. Rees, Anchorage 017576). 2386, containing approximately 1.92 acres containing approximately 4.78 acres (Home-’ A tract of land situated on Naknek River, (Homesite Application of Rudy LaBrash, site Application of Harvey Ainsworth, Alaska, more particularly described as Anchorage 024624). Anchorage 026036). follows: A tract of land situated on Elfin Cove, Beginning at comer No. 3, U. S. Survey Alaska, identified as Lot 6, proposed IT. S. F red J. W eiler, 2870; thence, N 16° 50' W 400 feet; thence, Survey 2946, containing approximately 0.27 Chief, easterly 500 feet; thence, southerly 400 feet; acres (Homesite Application of Lucille F. Division of Land Planning, thence, westerly along the right limit of Peterson, Anchorage 024854). Naknek River 500 feet to the point of be­ A tract of land situated on Elfin Cove, [F. R. Doc. 54-559; Filed, Jan. 27, 1954; ginning (Homesite Application of Alex Al­ Alaska, identified as Lot 16, proposed U. S. 8:47 a. m.J varez, Anchorage 018268). Survey 2947, containing approximately 0.73 A tract of land situated on Iliamna Lake, acres (Homesite Application of Karl O. Strom, Alaska, identified IT. S. Survey 3195, contain­ Anchorage 024882). A tract of land situated on Kenai Lake, ing approximately 4.91 acres (Homesite Ap­ A l ask a plication of Charles St. Cyr, Anchorage Alaska, identified as Lot 2, U. S. Survey 2523, 018468). containing approximately 1.87 acres (Home- SHORESPACE RESTORATION ORDER NO. 507 A tract of land situated on Naknek River, site Application of John E. Coppock, Anchor­ Alaska, more particularly described as age 025136). J a n u a r y 22, 1954. follows: A tract of land situated on Kenai Lake, Alaska, identified as Lot G, TT. S. Survey 2529, By virtue of the authority contained Beginning at comer No. 4, U. S. Survey 544; in the act of June 5, 1920 (41 Stat. 1059; thence, easterly along the right limit of the containing approximately 4.55 acres (Home- Naknek River 4.33 chains; thence N 16° 50' W site Application of James W. Dyer, Anchorage 48 U. S. C. 372), and pursuant to section 5.10 chains; thence, westerly along Red Sal­ 025137). 2.22 (a) (3), of Order No. 1, Bureau of mon Company Road 4.40 chains; thence, A tract of land situated on Elfin Cove, Land Management, Region VII, approved S 16° 45' E 4.85 chains along line 3-4 of U. S. Alaska, identified as Lot 11, proposed IT. S. by the Acting Secretary of the Interior Survey 544 to the point of beginning, con­ Survey 2946, containing approximately 0.27 August 20, 1951 (16 F. R. 8625), it is taining approximately 2.0 acres (Trade and acres (Homesite Application of Roy B. El­ liot, Anchorage 025163). ordered as follows: Manufacturing Application of John W. Mag- Subject to valid existing rights, the gitt, Anchorage 018911). A tract of land situated on Turnagain A tract of land situated on Orca Inlet, Arm, Alaska, identified as Lot 2, U. S. Survey provisions of existing withdrawals, the Alaska, identified as Lot 4, U. S. Survey 2764, 2757, containing approximately 2.99 acres requirements of applicable law, and the containing approximately 0.70 acres (Home- (Homesite Application of Lawrence Stain- 91-day preference; right filing period for site Application of Max Wolf, Anchorage brook, Anchorage 025164). veterans, and other qualified persons en­ 019943). A tract of land situated on Elfin Cove, titled to preference under the act of Sep­ A tract of land situated on Fritz Cove, Alaska, identified as Lot 13, proposed U. S. Survey 2946, containing approximately 0.22 tember 27, 1944 (58 Stat. 747, 43 U. S. C. Alaska, identified as Lot 2, proposed U. S. 279-284), as amended, the 80-rod shore- Survey 3281, containing approximately 0.15 acres (Homesite Application of Ernest O. acres (Homesite Application of J. W. Mon- Swanson, Anchorage 025175). space reserve created under the act of agle, Anchorage 021789). A tract of land situated on Elfin Cove, May 14, 1898 (30 Stat. 409), as amended A tract of land situated on Auke Bay, Alaska, identified as Lot 20, proposed IT. S. by the act of March 3, 1903 (32 Stat. Survey 2947, containing approximately 0.78 Alaska, identified as Lot A, U. S. Survey 1028; 48 U. S. C. 371), is hereby revoked 2389, containing approximately 4.72 acres acres (Homesite Application of Hazel Wimer, (Homesite Application of Lyle A. Bowman, .Anchorage 025179). as to the following described lands, effec­ Anchorage 023178). A tract of land situated on Kenai Lake, tive at 10:00 a. m. on the 21st day after A tract of land situated on Lisianski Inlet, Alaska, identified as Lot C, U. S. Survey 2531, the date of this order. Alaska, identified as Lot 25, U. S. Survey 2913, containing approximately 4.97 acres (Home- A nchorage L and District containing approximately 4.76 acres (Home- site Application of Roy M. Malutin, Anchor­ site Application of John W. Breseman, An­ age 025258). All vacant and unappropriated public chorage 024295)1 A tract of land situated on Elfin Cove, lands abutting or lying within 80 rods of A tract of land situated on Point Baker Alaska, identified as Lot 30, proposed IT. S. the shbre of Tongass Narrows, Alaska, be­ Anchorage, Alaska, identified as Lot 40, IT. S. Survey 2948, containing approximately 0.98 tween Corner No. 1 and Corner No. 12, U. S. Survey 2829, containing approximately 1.73 acres (Homesite Application of Roy C, Clem­ Survey 1761, containing approximately 1,140 acres (Homesite Application of Monk D. ents, Anchorage 025285). acres. Lewis, Anchorage 024491). A tract of land situated on Elfin Cove, All vacant and unappropriated public A tract of land situated on Turnagain Alaska, identified as Lot 9, proposed IT. S. lands abutting or lying within 80 rods of the shore of Gastineau Channel, Alaska, be­ Arm, Alaska, identified as Lot 8, U. S. Sur­ Survey 2946, containing approximately 1.00 vey 2757, containing approximately 4.48 tween U. S. Land Monument No. 3 and Cor­ aères (Headquarters Site Application of acres (Homesite Application of George L. ner No. 7, U. S. Survey 1762, containing Adney, Anchorage 024492). John M. Steear, Anchorage 025489). approximately 840 acres. A tract of land situated on Point Baker A tract of land situated on Elfin Cove, AH lands abutting or lying within 80 rods Anchorage, Alaska, Identified as Lot 22, U. S. Alaska, Identified as Lot 31, proposed U. S. of the sbuth bank of Knik River, Alaska, in Survey 2828, containing approximately 0.97 Survey 2949, containing approximately 1.50 unsurveyed sections 5 and 6, T. 16 N., R- 3 E-* acres (Homesite Application of Elof Hanning, acres (Homesite Application of Iva H. Lin- Seward Meridian, containing approximately Anchorage 024493). gard, Anchorage 025510). 450 acres. Thursday, January 28, 1954 FEDERAL REGISTER 493

Seward M eridan Stat. 467; 43 U. S. C. 682a), as herein­ days, commencing at the hour and on after indicated, for lease and sale, the the day specified above, the public lands T. 26 N., R. 5 W., affected by this order shall be subject Section 13: Lot 6. following described lands in the Arizona Land District, embracing approximately only to applications under the Small Containing approximately 38.07 acres. 701.02 acres: Tract Act of June 1, 1938, 52 Stat. 609 A tract of land situated on Tongass Nar­ (43 U. S. C. 682a), as amended, by quali­ rows, Alaska more particularly described as G il a and Sa lt R iver M eridian fied veterans of World War n , subject to follows: Beginning at Corner No. 1, U. S. Survey T. 11 S., R. 6 W., the requirements of applicable law. All Sec. 34, lots 1 to 32, inclusive (W y2S E ^ , 3094; thence, southeasterly 20 chains along applications filed under this paragraph the shore of Tongass Narrows; thence, S 40° EVfeSWft). after the lands were placed under con­ 58' W 20 chains; thence, northwesterly 20 T. 12 S., R. 6 W., Sec. 3, lots 5 to 69, Inclusive ( W ^ E ^ , sideration as stated in paragraph (2) chains- thence, N 40° 58' E 20 chains to the Ey2wy2). above, and either at or before 10:00 a. m. point of beginning, containing approximately Sec. 10, lots 1 to 46, inclusive (N W ^ N E ^ , on the 35th day after the date of this 40 acres. NE14NW 14, w y 2s E % N w % , w y 2Ey2SE»A proposed U. S. Survey 2946: Lots 2, 4, 7, 8, order, shall be treated as though filed NW54, W ‘/a N E 1/4 S W Wy2Ey2NEV4 simultaneously at the hour specified on 10, 12, 13A, 14, and 15. Containing approxi­ swy4, sy2sw%). mately 3.03 acres. . 1 such 35th day. All applications filed proposed U. S. Survey 2947: Lots 18, 19, 21, (a) For home or business sites: under this paragraph after 10:00 a. m. 22, and 23. Containing approximately 3.83 on the said 35th day shall be considered T. 11 S., R. 6 W., acres. Sec. 34, lots 2, 3, 7, 8, 10, 11, 15, 16, 18, in the order of filing. Proposed U. S. Survey 2948: Lots 24-29, 19, 23, 24, 26, 27, 31,. 32. (b) Date for non-preference-right inclusive. Containing approximately 3.81 T. 12 S., R. 6 W., filings. Commencing at 10:00 a. m. on Sec. 3, lots 6, 7, 11, 12, 14, 15, 19, 20, 22, the 126th day after the date of this ^Proposed U. S. Survey 2949: Lots 32-36, 23, 27, 28, 30, 31, 35, 36, 38, 39, 43, 44, inclusive. Containing approximately 3.13 order, any lands remaining unappropri­ 46, 47, 51, 52, 54, 55, 59, 60, 62, 63, 67, 68. ated shall become subject to disposal acres. T. 12 S., R. 6 W., Proposed U. S. Survey 2950: All. Con­ Sec. 10, lots 2, 3, 7, 8, 11, 12, 16, 17. under the Small Tract Act only. All taining approximately 2.65 acres. such applications filed after the lands Proposed U. S. Survey 2951: Lots 42, 42A, (b ) For home sites only: were placed under consideration as 43, 44, and 45A. Containing approximately E. 11 S., R. 6 W., stated in paragraph (2) above, and ei­ 11.93 acres. Sec. 34, lots 1, 4, 5, 6, 9, 12, 13, 14, 17, 20, ther at or before 10:00 a. m. on the 126th U. S. Survey 2952: Lots 45, 46, 47, 48, 49, 21, 22, 25, 28, 29, 30. 75, and 76. Containing approximately 8.18 day after the date of this order shall be T. 12 S., R. 6 W., treated as though filed simultaneously acres. Sec. 3, lots 5, 8, 9, 10, 13, 16, 17, 18, 21, 24, U. S. Survey 2953: Lots 51, 52, 53, 54, 56, at the hour specified on such 126th day. 25, 26, 29, 32, 33, 34, 37, 40, 41, 42, 45, 48, and 74. Containing approximately 6.04 49, 50, 53, 56, 57, 58, 61, 64, 65, 66, 69. All applications filed thereafter shall be acres. considered in the/order of filing. U. S. Survey 2954: Lots 57, .58, 59, 59A, T. 12 S., R. 6 W., Sec. 10, lots 1, 4, 5, 6, 9, 10, 13, 14, 15, 18 6. A veteran s6all accompany his ap­ 60, 72, and 73. Containing approximately to 46, inclusive. plication with a complete photostatic, or 9.28 acres. U. S. Survey 2955: Lots 61, 62, 63, 64, and other copy (both sides) of his certificate 2. The lands in Sec. 34, T. 11 S., R. 6 W. of honorable discharge, or of an official 71. Containing approximately 4.18 acres. described above were placed under con­ document of his branch of the service U. S. Survey 2956: Lots 65, 66, 67, 68, 68A, sideration for small tract classification at 69, and 69A. Containing approximately 6.00 which shows clearly his honorable dis­ 9:30 a. m. on September 29, 1952. The acres. charge as defined in § 181.36 of Title 43 lands in Secs. 3 and 10, T. 12 S., R. 6 W. U. S. Survey 3175: All. Containing ap­ of the Code of Federal Regulations, or described above were placed under con­ proximately 2.50 acres. constitutes evidence of other facts upon U. S. Survey 2829: Lot 33. Containing ap­ sideration for small tract classification proximately 1.05 acres. which the claim for preference is based at 10:30 a. m. on July 28,1952. and which shows clearly the period of U. S. Survey 2616: Lots 1, 4, 12, 14, and 15. 3. The lands affected by this order are service. Other persons claiming credit Containing approximately 9.48 acres. in Pima County, Arizona and adjoin the U. S. Survey 2613: Lots 29 and 36. Con­ for service of veterans must furnish like taining approximately 7.09 acres. northern outskirts of the Ajo community, proof in support of their claims. Per­ extending northward for a distance of U. S. Survey 2612: Lot 22. Containing ap­ sons asserting preference rights, through approximately 2% miles on State High­ proximately 4.31 acres. settlement or otherwise, and those hav­ U. S. Survey 2327: Lot J. Containing ap­ way No. 85. The general topography of proximately 0.61 acres. ing equitable claims, shall accompany the area varies from flat to broken. Sec. their application by duly corroborated U. S. Survey 2615: Lot 2. Containing ap­ 34, T. -ll S„ R. 6 W. has a flat even sur­ statements in support thereof, setting proximately 1.90 acres. face. The same is true for Sec. 3, T. 12 U. S. Survey 2475: Lot L. Containing ap­ forth in detail all facts relevant to their proximately 4.18 acres. S., R. 6 W. In Sec. 10, T. 12 S., R. 6 W. the surface is quite uneven and cut up by claims. U. S. Survey 2450: Lot 1. Containing ap­ 7. Each of the lots described in this numerous washes. The soil is of a rocky proximately 4.02 acres. order will be leased as one tract. Lots U. S. Survey 2451: Lot 6. Containing ap­ to coarse gravel type with some small 62, 63, 67 and 68 in Sec. 3, and lots 2, 3, proximately 4.99 acres. areas of fine sand. Vegetation is typical 7, 8, 11, 12, 16 and 17 in Sec. 10, T. 12 S., U. S. Survey 2452: Lot 15. Containing ap­ of the southwestern desert. proximately 3.74 acres. R. 6 W. contain approximately 3% acres. 4. As to applications filed on landis de­ All remaining lots contain approximately F red J. W eiler, scribed in Sec. 34, T. 11 S., R. 6 W. prior to 9:30 a. m. on September 29, 1952, and 5 acres. Chief, 8. Leases will be for a period of three on lands in Secs. 3 and 10, T. 12 S., R. 6 Division of Land Planning. years at annual rentals of $5.00 for home [P. R. Doc. 54-558; Piled, Jan. 27, 1954; W. prior to 10:30 a. m. on July 28, 1952, this order shall become effective upon sites or a minimum of $20.00 for busi­ 8:47 a. m.] ness sites, payable for the entire lease the date it is signed, provided the appli­ cations are made to conform to the land period in advance of the issuance of the lease. The lessee for a business site descriptions and types of use specified in shall be obligated to pay any additional A rizona this order. rental at the rate fixed by the schedule 5. This order shall not otherwise be­ SMALL TRACT CLASSIFICATION ORDER NO. 26 come effective to change the status of of rentals in effect at the date of the ap­ J a n u a r y 20, 1954. such lands until 10:00 a. m. on the 35th proval of the lease. 1. Pursuant to the authority dele­day after the date of this order. At that 9. Leases will contain an option to gated to me by the Director, Bureau of time the said lands shall, subject to valid purchase clause at appraised values as Land Management, under section 2.21 existing rights and the provisions of follows: of Order No. 427, approved by the Secre­ existing withdrawals, become subject to In Sec. 34,T. 11 S., R. 6 W., lots, 2, 3, 7, 8, tary of the Interior on August 16, 1950 applications under the Small Tract Act 10, 11, 15, 16, 18, 19, 23, 24, 26, 27, 31, and 32 (15 F. R. 5641), I hereby classify, under as follows: axe appraised at $75.00 per lot; lots 1, 4, 5, the Small Tract Act of June 1, 1938 (52 (a) Ninety-one day period for prefer­ 6, 9, 12, 13, 14, 17, 20, 21, 22, 25, 28, 29, and Stat. 609), as amended July 14, 1945 (59 ence-right filings. For a period of 91 30 are appraised at $50.00 per lot. 494 NOTICES

In Sec. 3, T. 12 S., R. 6 W., lots 6, 7, It, 12, the discretion of the authorized officer at or before 10:00 a. m. on the 35th day 14, 15, 19, 20, 22, 23, 27, 28, 30, 31, 35, 36, 37, of the Bureau of Land Management, be after the date of this order shall be 40, 41, 42, 45, 48, 49, 50, 53, 56, 57, 58, 61, 64, definitely located prior to the issuance 65, 66, and 69 are appraised at $100.00 per treated as though filed simultaneously at lot; lots 38, 39, 43, 44, 46, 47, 51, 52, 54, 55, of the patent. If not so located, they that time. All applications filed under 59, 60, 62, 63, 67, and 68 are appraised at may be subject to location after patent this paragraph after 10:00 a. m. on the $115.00 per lot; lots 5, 8, 9, 10, 13, 16, 17, 18, is issued. said 35th day shall be considered in the 21, 24, 25, 26, 29, 32, 33, and 34 are appraised 11. All inquiries relating to these landsorder of filing. at $75.00 per lot. should be addressed to the Manager, (b) Date for non-preference-right fil­ In Sec. 10, T. 12 S., R. 6 W., lots 1, 4, 5, 6, 9, Land and Survey Office, Phoenix, Ari­ ings. Commencing at 10:00 a. m. on the 10, 13, 14, 15, and 18 are appraised at $115.00 zona. 126th day after the date of this order, per lot; lots 2, 3, 7, 8, 11, 12, 16, 17, and 19 m ith to 24, inclusive, are appraised at $125.00 per E. R. S , any lands remaining unappropriated lot; lots 25 to 30, inclusive, and lots 33, 34, Regional Administrator. shall become subject to disposal under .35, 36, 41, 42, 43, and 44 are appraised at [F. R. Doc. 54-555; Filed, Jan. 27, 1954; the Small Tract Act only. All such ap­ $135.00 per lot; lots 31, 32, 37, 38, 39, 40, 45, 8:46 a. m.] plications filed either at or before 10:00 and 46 are appraised at $150.00 per lot. a. m. on the 126th day after the date of (a) Applications to purchase may be this order shall be'treated as though filed filed during the term of the lease but simultaneously at the hour specified on not more than 30 days prior to the ex­ A rizona such 126th day. All applications filed thereafter shall be considered in the piration of one year from the date o£ the classification order order of filing. lease, provided minimum improvements shall have been constructed prior to the January 22,1954. 4. A veteran shall accompany his ap­ date of application to purchase. For 1. Pursuant to the authority delegated plication with a complete photostatic, or home sites the minimum improvements to me by the Director, Bureau of Land other copy (both sides) of his certificate shall consist of a habitable house of at Management, by Order No. 427, dated of honorable discharge, or of an' official least two rooms, containing a minimum August 16, 1950, 15 F. R. 5639, I hereby document of his branch of the service floor area of 500 square feet, and ade­ classify under the Small Tract Act of which shows clearly his honorable dis­ quate water and sanitary facilities. For June 1, 1938 (52 Stat. 609), as amended charge as defined in § 181.36 of Title 43 business sites the minimum improve­ July 14, 1945 (59 Stat. 467, 43 U. S. C. of the Code of Federal Regulations, or ments shall be those improvements suit­ 682a), as hereinafter indicated, the fol­ constitutes evidence of other facts upon able for the purpose for which the tract lowing described lands in the Arizona which the claim for preference is based and which shows clearly the period of is leased. land district, embracing approximately (b> Notwithstanding the minimum re­ 440 acres: service. Other persons claiming credit for service of veterans must furnish like quirements set forth in (a) above, all Arizo na Sm a l l T ract Classification N o. 27 improvements on the lands covered by proof in support of their claims. Per­ this order must comply with the zoning For lease and sale for homesites only:* sons asserting preference rights, through regulations of the Pima County Planning settlement oT otherwise, and those hav­ T. 5 S., R. 10 E., G. & S. R. M., ing equitable claims, shall accompany and Zoning Commission and with the Sec. 34, NW14, NM -SW ^, S E & S W ^ , S E ^ . their application by duly corroborated requirements of the Pima County Health The land is located just north of U. S. Department with regard to building statements in support thereof, setting Highway 80-89, a distance of approx­ forth in detail all facts relevant to their specifications, set-backs, and sanitation imately 7 miles southeast of Florence, facilities. claims. Arizona. A good graded road leading 5. The lands will be leased in tracts (c) Leases issued under the terms of from Highway 80-89 traverses the north this order shall not be subject to assign­ of approximately 5 acres, 660 feet by 330 boundary of the section. The soil is of ment unless and until improvements as feet, the longer dimension extending a deep sandy loam type with a heavy specified in (a) and (b) above shall have north and south. Leases will be for a been constructed. growth of typical southwestern desert period o f three years at an annual rental (d) Leases for lands upon which the vegetation. Water for domestic pur­ of $5.00 payable for the entire lease improvements mentioned above have not poses in the area is obtained from drilled period in advance of the issuance of the been constructed prior to the expiration wells. A privately owned water system lease. thereof shall not be renewed. located north of this area could be ex­ 6. Leases will contain an option to 10. Tracts will be subject to all exist­tended to supply some of these lands. purchase clause at the appraised values ing rights-of-way and to rights-of-way, Electric power is available from the elec­ as follows: thirty-three feet in width, for road pur­ tric power system of the San Carlos Ir­ Tracts in the N '^ N ^ N W ^ are appraised poses and public utilities, as follows: rigation Project. Natural gas service is at $100.00 per tract. not available. Tracts in the S^N ^N W 1^, S1/2NW14, In Sec. 34, T. 11 S., R. 6 W., along north 2. As to applications filed on these N ^ S W ^ and SE54SW% are appraised at line of lots 1, 2, 3, 4, 5, 17, 18, 19, 20, 21; along lands prior to 12:03 p. m. on April 25, $75.00 per tract. ' south line of lots 9, 13, 14, 15, 16, 25, 29, 30, 1949, this order shall become effective Tracts in the SE1^ are appraised at $50.00 31, >32; along east line of lots 1, 5, 9, 13, 17, per tract. 21, 25, 29; along west line of lots 4, 6, 12, 14, upon the date it is signed, provided the 20, 22, 28, 30. applications conform to or are made to (a) Applications for purchase may be In Sec. 3, T. 12 S., R. 6 W., along north line conform to the provisions of this order. filed during the term of the lease but Of lots 5, 6, 7, 8, 9, 21, 22, 23, 24, 25, 37, 38, 3. This order shall not otherwise be­ not more than 30 days prior to the ex­ 39, 40, 41, 53, 54, 55, 56, 57; along south line come effective to change the status of piration of one year from the date of the of lots 13, 17, 18, 19, 20, 29, 33, 34, 35, 36, 45, such lands until 10:00 a. m. on the 35th 49, 50, 51, 52, 65, 66, 67, 68, 69; along east line lease, provided minimum improvements of lots 5, 9, 13, 17, 21, 25, 29, 33, 37, 41, 45, day after the date of this order. At consisting of a habitable house of at least 49, 53, 57, 61, 65, 69; along west line of lots that time the said lands shall, subject two rooms, containing a minimum floor 8, 10, 16, 18, 24, 26, 32, 34, 40, 42, 48, 50, 56, to valid existing rights and the provi­ area of 500 square feet, and adequate 58, 64, 66. sions of existing withdrawals, become water and sanitary facilities shall have In Sec. 10, T. 12 S., R. 6 W. along north line subject to applications under the Small been constructed prior to the date of ap­ of lots 1, 2, 3, 4, 5, 19, 20, 25, 26, 31, 32, 33, 34; Tract Act as follows: plication to purchase. along south line of lots 14, 15, 16, 17, 18, 23, (a) Ninety-one day period for prefer- 24, 29, 30, 43, 44, 45, 46; along east line of (b) Leases issued under the terms of lots 1, 5, 9, 10, 14, 18, 20, 23, 26, 29, 32, 34, 35, ence-right filings. For a period of 91 this order shall not be subject to assign­ 37, 40, 42, 43, 45; along west line of lots 4, 6, days, commencing at the hour and on ment unless and until improvements as 13, 15, 19, 21, 22, 24, 25, 27, 28, 30, 31, 33, 36, the day specified above, the public lands mentioned in (a) shall have been 38, 39, 41, 44, 46. ¡affected by this order shall be subject to completed. applications under the Small Tract Act Such rights-of-way may be utilized by (c) Leases for lands upon which the of June 1, 1938, 52 Stat. 609 (43 U. S. C. improvements mentioned above shall not the Federal Government, or the State, 682a), as amended, by qualified veterans have been constructed at or before the County or municipality in which the of World War II, subject to the require­ expiration thereof shall not be renewed. tract is situated, or by any agency ments of applicable law. All applica­ 7. Lessees and/or their successors in thereof. The rights-of-way may, in tions filed under this paragraph either interest shall comply with all Federal, Thursday, January 28, 1954 FEDERAL REGISTER 495

State, county and municipal laws and application, petition, location, and selec­ Title 43 qf the Code of Federal Regula­ ordinances, especially those governing tion as follows: tions, and applications under the desert- health and sanitation, and failure or re­ (a) Ninety-one day period for prefer­ land laws and the said Small Tract Act fusal to do so may be cause for cancella­ ence-right filings. For a period of 91 of June 1, 1938, shall be governed by the tion of the lease in the discretion of the days, commencing at the hour and on the regulations contained in Parts 232 and authorized officer of the Bureau of Land day specified above, the public lands af­ 257, respectively of that title. Management. fected by this order shall be subject Inquiries concerning these lands shall 8. Tracts will be subject to all exist­ only to (1) application under the home­ be addressed to the Manager, Land and ing rights-of-way and to rights-of-way stead or the desert-land laws or the Survey Office, Salt Lake City, Utah. for road purposes and public utilities Small Tract Act of June 1,1938, 52 Stat. 609 (43 U. S. C. 682a), as amended, by H . B y r o n M o c k , as follows: Regional Administrator. 33 feet along the north and south bound­ qualified veterans of World War I I and aries of the Ny2Nw y4, sy2Nw y4, Ny2swy4, other qualified persons entitled to pref­ [F. R. Doc. 54-556; Filed, Jan. 27, 1954; 8:46 a. m.] sEi/4swy4, Ny2sEy4, s % s e %. erence under the act of September 27, 33 feet along the east and west boundaries 1944, 58 Stat..747 (43 U. S. C. 279-284), of the wy2Nwy4, Ey2Nwy4, Nwy4swy4, as amended, subject to the requirements Ey2SWi4, W % SE% , Ey2S E ^ . of applicable law, and (2) application DEPARTMENT OF COMMERCE under any applicable public-land law, The rights-of-way may, in the dis­ Patent Office cretion of the authorized officer of the based on prior existing valid settlement Bureau of Land Management, be defi­ rights and preference rights conferred [Dept, Order No. 89 (amended) 1 nitely located prior to the issuance of by existing laws or equitable claims sub­ patent. If not so located, they may be ject to allowance and confirmation. Ap­ Organization and F unctions subject to location after patent is issued. plications under subdivision (1) of this paragraph shall be subject to applica­ Section 1. Purpose. The purpose of All rights-of-way herein mentioned and this order is to describe the organization reserved may be utilized by the Federal tions and claims of the classes described in subdivision (2) of this paragraph. and define the functions of the Patent Government, or -the State, county or Office. municipality in which the tract is situ­ All applications filed under this para­ ated, or by any agency thereof. graph either at or before 10:00 a. m. on Sec. 2. Organization. .01 The Patent 9. All inquiries relating to these lands the 35th day after the date of this order Office, a primary organization unit of should be addressed to the Manager, shall be treated as though filed simul­ the Department of Commerce, shall be Land and Survey Office, Phoenix, taneously at that time. All applications Under the direction and supervision of filed under this paragraph after 10:00 the Under Secretary of Commerce. The Arizona. a. m. on the said 35th day shall be con­ E. R . S m it h , Patent Office shall be headed by a Com­ Regional Administrator. sidered in the order of filing. missioner of Patents who shall report (b) Date for non-preference-right fil­ and be responsible to the Under Secre­ [F. R. Doc. 54-554; Filed, Jan. 27, 1954; ings. Commencing at 10:00 a. m. on the 8:46 a. m.] tary of Commerce. 126th day after the date of this order, .02 The Patent Office shall consist of any lands remaining unappropriated the following organization units: shall become subject to such application, 1. Office of the Commissioner of petition, location, selection, or other ap­ [No. 22 (R-IV] Patents. propriation by the public generally as 2. Board of Appeals. U t a h may be authorized by the public-land 3. Office of the Solicitor. laws. All such applications filed either 4. Office of Interferences. ORDER PROVIDING FOR OPENING OF PUBLIC at or before 10:00 a. m. on the 126th day LANDS 5. Executive Office, including: after the date of this order, shall be (1) Executive Officer, January 19, 1954. treated as though filed simultaneously (2) Budget and Finance Division. In an exchange of lands made under at the hour specified on such 126th day. (3) Administrative Management Divi­ the provisions of section 8 of the act of All applications filed thereafter shall be sion. June 28, 1934 (48 Stat. 1269), as amend­ considered in the order of filing. (4) Personnel Division. ed June 26, 1936 (49 Stat. 1976, 43 A veteran shall accompany his appli­ (5) General Services Division. U. S. C. 315g), the following described cation with a complete photostatic, or (6) Scientific Library. lands have been reconveyed to the other copy (both sides), of his certificate 6. Patent Examining Operation, in­ United States: of honorable discharge, or of an official cluding: document of his branch of the service Salt L ak e Meridian (1) Patent Examining Groups. which shows clearly his honorable dis­ (2) Classification Group. T. 35 S., R. 26 E., charge as defined in § 181.36 of Title 43 of 7. Trade-Mark Examining Operation, Sec. 9, Ey2N E ^ , NEV4SEV4. the Code of Federal Regulations, or con­ Sec. 15, NE14. including: stitutes evidence of other facts upon (1) Trade-Mark Examining Group. The area described contains 280 acres. which the claim for preference is based (2) Trade-Mark Classification Divi­ The land in section 9 is primarily and which shows clearly the period of sion. valuable for grazing, and it is unlikely service. Other persons claiming credit that it will be classified as suitable for for service of veterans must furnish like Sec. 3. Delegation of authority. .01 disposal' under the homestead, desert- proof in support of their claims. Per­ Reorganization Plan No. 5 of 1950 trans­ land, or small tract laws. The NE% sons asserting preference rights, through ferred all functions of all officers, agen­ section 15 may have agricultural possi­ settlement or otherwise, and those hav­ cies and employees of the Department, bilities. ing equitable claims, shall accompany including the Patent Office, to the Sec­ No applications for these lands may be their applications by duly corroborated retary of Commerce; also, pursuant to allowed under the homestead, small statements in support thereof, setting the authority conferred on the Secretary tract, desert-land, or any other nonmin­ forth in detail all facts relevant to their of Commerce in section 3 of Title 35, eral public-land laws, unless the lands claims. United States Code, there were vested have already been classified as valuable Applications for these lands, which in the Secretary of Commerce by Amend­ or suitable for such type of application, shall be filed in the Land and Survey ment No. 1 of Department Order No. 89 or shall be so classified upon considera­ Office at Salt Lake City, Utah, shall be (Amended), effective January 1, 1953 tion of an application. acted upon in accordance with the regu­ (18 F. R. 87), the functions of the Patent This order shall not otherwise become lations contained in § 295.8 of Title 43 Office and its officers and employees spec­ effective to change the status of such of the Code of Federal Regulations and ified in Title 35. lands until 10:00 a. m. on the 35th day Part 296 of that title, to the extent that .02 Pursuant to the same authority, after the date of this order. At that such regulations are applicable. Appli­ the Patent Office and its officers and time the said lands shall, subject to valid cations under the homestead laws shall employees were authorized to continue existing rights and the provisions of be governed by the regulations con­ to perform the functions of the Patent existing withdrawals, become subject to tained in Parts 166 to 170, inclusive, of Office and the several officers and em- 496 NOTICES

ployees thereof theretofore performed the conduct of administrative and serv­ matters; and exercises overall responsi­ and as specified in said Title 35. ice functions of the Patent Office; bility for the professional competence .03 Pursuant to the same authority 2. The Budget and Finance Division, and productive efficiency of the examin­ the Patent Office and its officers and which provides assistance to the Execu­ ing corps. The major organizational employees shall continue to exercise the tive Officer in developing sound budget­ components of the Patent Examining same authority and functions in accord­ ary and fiscal policies and practices. It Operation comprise a number of Patent ance with the provisions of this order. prepares budget estimates and aids in Examining Groups and a Classification Sec. 4. General functions. The basic their justification; administers and con­ Group. function of the Patent Office is the ad­ trols the approved expenditures pro­ 1. Each Patent Examining Group ministration of patent and trade-mark gram; and provides accounting services comprises a Supervisory Patent Exam­ laws as they relate to the granting of and administers payroll and leave func­ iner, as its head, and a number of patent patents for inventions and the registra­ tions;' examining divisions. The Supervisory tion of trade-marks. 3. The Administrative Management Patent Examiner is responsible for en­ Division, which maintains a continual suring the fullest effectiveness of opera­ Sec. 5. Office of the Commissioner of appraisal of operations to identify con­ tion in the various examining divisions Patents. .01. The Office of the Com­ ditions requiring management improve­ within his cognizance and maintaining missioner includes the Commissioner of ment and conducts required analysis, Patents, the First Assistant Commis­ relative uniformity of practice among research .and planning to effect the in­ them. He also fosters quantitative and sioner, and two Assistant Commissioners. dicated improvement. It collects, ana­ .02 The Office of the Commissioner of qualitative improvements in the exam­ lyzes and distributes internally workload ining process; passes upon certain ac­ Patents shall be responsible for formu­ and performance data for the Office and lating the policies, developing and co­ tions proposed to be taken by examiners; provides a continuing review of adminis­ and acts for the Commissioner in de­ ordinating the programs and directing trative printing and duplicating includ­ all operations and administrative func­ ciding petitions filed by applicants on ing the administration of a forms devel­ matters not appealable to the Board of tions of the Patent Office. opment and control operation. It is also .03 The First Assistant Commissioner Appeals. Each patent examining di­ responsible for records managament and vision comprises a primary examiner and the Assistant Commissioners per­ the development of administrative man­ form such duties pertaining to the Office and a number of assistant examiners uals; and has jurisdiction of applications in of Commissioner as may be assigned 4. The Personnel Division, which for­ them by the Commissioner. By statu­ assigned fields of inventions. The func­ mulates personnel policies and pro­ tions of the divisions are to determine tory designation, they are members of grams; recruits and places personnel; the Board of Appeals. the patentability of claimed invention effects proper position classification; based on search of prior art and ap­ S ec. 6. Board of Appeals. The Board recommends actions to improve working plication of statutory provisions; allow of Appeals consists of the Commissioner, conditions and employee morale; devel­ or reject the claims in applications on the Assistant Commissioners, nine ex­ ops and administers employee training the basis of their findings; make hold­ aminers-in-chief, and such pro tempore programs; maintains records of all per­ ings of abandonment; institute interfer­ members as may be assigned by the Com­ sonnel actions; and administers the per­ ence proceedings to determine priority missioner under the authority contained formance rating system; of invention; rule on certain motions in in Title 35, U. S. Code, section 7. The 5. The General Services Division, connection with interferences; and per­ Board shall hear and decide appeals from which reviews new patent applications form related duties; and final rejections by the patent examining for compliance with requirements as to 2. The Classification Group develops divisions denying the patentability of form prior to consideration by patent and maintains a system for the classifi­ inventions claimed in patent applica­ examiners; inspects drawings submitted cation of the useful arts to provide a tions. in applications to insure conformance basic frame of reference for the guid­ with requirements as to formal execu­ ance of patent examiners and the gen­ Sec. 7. Office of the Solicitor. The O f­ tion; prepares allowed applications for eral public in making searches for fice of the Solicitor includes the Solicitor printing and issues patent grants and and the Law Examiners, who comprise novelty, interference, or infringement trade-mark registration certificates; re­ of inventions. The Group also insures the legal staff of the Commissioner. cords assignments transferring property This office shall have charge of litigation the effective use of this system in the rights in patents and trade-marks and classification of issued patents and re­ in which the Patent Office is a party; in­ furnishes abstracts of title; procures, vestigate legal and legislative matters for views the work of the examining stores and sells printed copies of patents divisions for uniform application of the Commissioner, and render opinions and trade-marks; answers correspond­ and decisions on legal questions. prescribed practice governing the re­ ence of a general nature; and provides striction of patent applications to a Sec. 8. Office of Interferences. The the routine service and supply needs of the Office; and single invention. These functions are Office of Interferences consists of the divided among five classification di­ Board of Patent Interferences and the 6. The Scientific Library, which main­ visions. Examiners of Trade-Mark Interferences, tains a search room for the benefit of the who function under the direction of the public in searching and examining the Sec. 11. Trade-Mark Examining Oper­ Chief Examiner of Interferences. United States patents. It also main­ ation. The Trade-Mark Examining Op­ 1. The Board of Patent Interferences tains a library of scientific publications eration is under the supervision of an- shall make final determinations in the and a comprehensive file of foreign pat­ Executive Examiner (Trade-Marks). Patent Office of the question of priority ents, for use by Patent Office examiners The Executive Examiner plans, directs, of invention in proceedings involving and the public. In addition, it main­ and coordinates the trade-mark classifi­ rival claimants for patents for the same tains a register of patents dedicated to cation, examination, and service activi­ patentable invention; and public use and those available for li­ ties; formulates and directs the execu­ 2. The Examiners of Trade-Mark In­ cense or sale. tion of basic examining and classification policies and practices relating to the terferences sfiall determine the respec­ 1°- Patent Examining Operation. tive rights to trade-mark registration registration of marks; insures that such The Patent Examining Operation is un­ policies comply with statutory and regu­ among rival claimants to the same mark. der the direction of the Executive Ex­ Determinations shall also be made as latory provisions, court decisions, and aminer (Patents), who is responsible to decisions of the Commissioner; effects to the rights of parties involved in oppo­ the Commissioner of Patents for the op­ sitions to registration, applications to standards of performance for individu­ eration of the patent examining and als and groups; and, in general, exercises register as a lawful concurrent user, and patent classification functions of the applications to ^cancel registrations. overall responsibility for the effective­ Patent Office. The Executive Examiner ness of trade-mark operations. The Sec. 9. Executive Office. The Execu­ formulates and directs the execution of principal organizational units within the tive Office comprises the following major basic examining policies and practices; Trade-Mark operation are: organizational units: applies provisions of law relating to the 1. The Trade-Mark Examining Group, 1. The Executive Officer, who is respon­ security of applications; renders de­ consisting of four trade-mark examining sible to the Commissioner of Patents for cisions on procedural and substantive divisions, a service branch, and a search Thursday, January 28, 1954 FEDERAL REGISTER 497 room, which performs trade-mark ex­ School Assistance in Federally Affected counsel for the Broadcast Bureau with amining functions; furnishes necessary Areas, or in the event of their concurrent copies thereof, on February 3, 1954. clerical processing and recording serv­ absence the Director of the Field Opera­ Released: January 25, 1954. ices connected with these functions; and tions Branch, Division of School Assist­ maintains a digest of published and reg­ ance in Federally Affected Areas, are F ederal C ommunications istered marks, classified according to the hereby authorized and empowered to C o m m is s io n , characteristics of the marks, to facilitate exercise all authority vested in the Com­ [ s e a l ] W m . p. M a s s in g , reference searches by examiners and the missioner of Education by Titles II, III, Acting Secretary. public. Each of the trade-mark exam­ and IV of Public Law 815, 81st Congress, [F. R. DOC. 54-591; Filed, Jan. 27, 1954; ining divisions, under the supervision of as amended, and Public Law 874, 81st 8:53 a. m.] a primary examiner, examines applica­ Congress, as amended, including the tions for the registration of trade-marks certification of payments, subject to within assigned class of goods or services. applicable regulations, except: The divisions develop the formal suffi­ 1. The authority to make regulations; [Docket Nos. 10859, 10860] ciency of applications; determine the 2. The authority with respect to the registrable merits of marks through holding of hearings as provided in Part S o u t h e r n B roadcasting C o ., I n c ., a n d search of the prior art and application 106, Chapter I, 45 CFR, as amended, C h a r l e s t o n B roadcasting C o . of references, precedent decisions, estab­ or as it may be amended; * ORDER DESIGNATING APPLICATIONS FOR lished rules and procedures, and statu­ 3. The authority to delegate functions CONSOLIDATED HEARING ON STATED ISSUES tory requirements; allow or reject ap­ to officers or employees of the Office of In re applications of Southern Broad­ plications on the basis of their findings; Education as set forth in section 105 (a) casting Company, Inc., Charleston, make holdings of abandonment; insti­ of Public Law 815, 81st Congress, as amended, and section 8 (a) of Public South Carolina, Docket No. 10859, File tute interference proceedings to deter­ No. BPCT-693; Charleston Broadcast­ Law 874, 81st Congress, as amended; and mine priority of use of marks and rule ing Company, Charleston, South Caro­ 4. The responsibility for making an on certain motions in connection there­ lina, Docket No. 10860, File No. BPCT- with; and perform related duties; and annual report to the Congress as set 2. The Trade-Mark Classification Di­forth in section 208 (c) of Public Law 1110; for construction permits for new television stations. vision, which develops and maintains a 815, 81st Congress, as amended, and sec­ system for the classification of goods and tion 7 (c) of Public Law 874, 81st Con­ ’ At a session of the Federal Communi­ services to which trade-marks may be gress, as amended. cations Commission held at its offices in applied, and insures the effective appli­ Washington, D. C., on the 20th day of Dated: January 18, 1954. January 1954; cation of the system in the examination The Commission having under con­ of trade-mark applications and the reg­ [ s e a l ] S. M . B r o w n e l l , istration of marks. Commissioner of Education. sideration the above-entitled applica­ tions, each requesting a construction Sec. 12. Effect on other orders: This Approved: January 21, 1954. permit for a new television broadcast order supersedes Department Order No. O veta C u l p H o b b y , station to operate on Channel 2 in 89 (amended) of May 5, 1948 (13 P. R. Secretary. Charleston, South Carolina; and 2568-2569). This order also supersedes It appearing, that the above-entitled Department Order No. 89 (amended), [F. R. Doc. 54-593; Filed, Jan. 27, 1954; applications are mutually exclusive in Amendment 1, effective January 1, 1953 8:54 a. m.] that operation by more than one appli­ (18 P. R. 87), inasmuch as the provisions cant would result in mutually destruc­ of that amendment are incorporated tive interference; and herein. This order also supersedes FEDERAL COMMUNICATIONS It further appearing, that pursuant to paragraphs 1, 2, and 14 through 27 of COMMISSION section 309 (b) of the Communications the material appearing at 12 P. R. 5874. Act of 1934, as amended, the above- [Docket Nos. 10828, 10829] This order shall not affect any existing named applicants were advised by letters delegations or authorizations issued by. P a l m B e a c h B roadcasting C orp. an d of the fact that their applications were the Secretary relating to specific func­ W EAT-TV, I n c . mutually exclusive, of the necessity for tions or officials of the Patent Office. ORDER CONTINUING HEARING a hearing and of all objections to their Any other orders or parts of orders the applications; and were given an oppor­ provisions of which are inconsistent or In re applications of Palm Beach tunity to reply; and in conflict with the provisions of this Broadcasting Corporation, West Palm It further appearing, that upon due order are hereby amended or superseded .Beach, Florida, Docket No. 10828, File consideration of the above-entitled ap­ accordingly. No. BPCT-1237; W EAT-TV, Inc., West plications, the amendments filed thereto, Effective date: December 30,1953. Palm Beach, Florida, Docket No. 10829, and the replies to the above letters, the File No. BPCT-1803; for construction Commission finds that under section [seal] S in c l a ir W e e k s , permits for new television stations. 309 (b) of the Communications Act of Secretary of Commerce. In view of the order issued on Janu­ 1934, as amended, a hearing is manda­ [P. R. Doc. 54-588; Filed, Jan. 27, 1954; ary 19, 1954, granting an extension of tory; that Southern Broadcasting Com­ 8:53 a. m.] time through January 25, 1954, to both pany, Inc., is legally, technically and applicants in the above-entitled proceed­ financially qualified to construct, own ing, for the filing of certain supplemen­ and operate a television broadcast sta­ d ep a r t m en t o f h e a l t h , e d u ­ tary information required by the Com­ tion; that Charleston Broadcasting Com­ mission’s McFarland letters of November pany is legally qualified to construct, own c a t io n , AND WELFARE 30, 1953: It is hereby ordered, This 22d and operate a television broadcast sta­ Office of Education day of January, 1954, that the hearing tion and is technically so qualified except in said proceeding, heretofore scheduled as to the matters referred to in issues Director op D iv is io n o f S c h o o l A s s is t ­ to commence on Janilary 29, 1954, is “2” , “ 3” and “ 4” below; and ance i n F e d e r a lly A ffected A reas, continued to February 5, 1954, at It further appearing, that Charleston et AL. 10:00 a. m. at Washington, D. C. Broadcasting Company proposes an an­ DELEGATION OF AUTHORITY W IT H RESPECT The hearing will commence at the re­ tenna location in the immediate vicinity TO CERTAIN DUTIES AND FUNCTIONS scheduled time stated above with a con­ of the antennas of standard broadcast ference pursuant to § 1.841 of the Com­ stations WHAN and W PAL: that no' de­ Pursuant to section 105 (a) of Public mission’s rules and regulations for the termination has been made as to the Law 815, 81st Congress (act of Septem­ purpose of discussing the various matters feasibility of such proposed operation ber 23, 1950, 64 Stat. 967), as amended, and for taking such action as is pre­ and as to the effects of such proximate and section 8 (a), Public Law 874, 81st scribed in said section. operation upon the operation of stations congress (act of September 30, 1950, 64 Counsel for the applicants have in­ WHAN and WPAL, particularly with re­ °tat. 1100), as amended, the Director or formally agreed to exchange their pro­ spect to the effects of such operation Associate Director of the Division of posed points of reliance, and to furnish upon the ability of stations WHAN and 498 NOTICES

W PAL to operate in accordance with the issue: To determine whether the funds result in a lessening of competition be­ terms of their licenses; and that if the available to the applicant will give rea­ tween radio stations WQAM and WIOD proposed operation is determined to be sonable assurance that the proposals set and between radio stations WQAM-Fm feasible and the application is granted forth in the application will be effec­ and WIOD-FM; that Mel Foster-Harold after the hearing herein, such grant shall tuated. Hoersch are legally and financially so be subject to a condition as follows: Released: January 22,1954. qualified and are technically so qualified The construction authorized shall not ad­ except as to the matters raised in issue« versely affect the ability of standard broad­ F ederal C ommunications “ 2” and “3” below; cast stations WHAN and WPAL to operate in C o m m is s io n , I t is ordered, That pursuant to section accordance with the terms of their licenses, [ s e a l] W m. P. M a s sin g , 309 (b) of the Communications Act of particularly with respect to their antenna Acting Secretary. systems, and that sufficient field intensity 1934, as amended, the above-entitled measurements of stations WHAN and WPAL [F. R. Doc. 54-592; Filed, Jan. 27, 1954; applications are designated for hearing shall be made before and after such construc­ 8:53 a. m.] in a consolidated proceeding to com­ tion to prove that no material effect thereon mence at 10:00 a. m. on the 19th day of has resulted. February 1954 in Washington, D. c. upon the following issues: It is ordered, That pursuant to section [Docket Nos. 10854-10858] 1. To determine, in the light of the 309 (b) of the Communications Act of provisions of §§3.35 and 3.240 of the 1934, as amended, the aboye-entitled ap­ B is c a y n e T e l e v is io n C o r p. et a l . plications are designated for hearing in Commission’s rules and the Commission’s ORDER DESIGNATING APPLICATIONS FOR CON­ policy with respect to complete divorce­ a consolidated proceeding to commence SOLIDATED HEARING ON STATED ISSUES ment of management, ownership and at 10:00 a. m. on the 19th day of Febru­ other interests between stations of the ary 1954 in Washington, D. C., upon the In re applications of Biscayne Televi­ following issues: sion Corporation, Miami, Florida, Docket same class in the same community or serving substantially the same area, what (1) To determine whether Charleston No. 10854, File No. BPCT-1453 ; Mel special circumstances, if any, exist which Broadcasting Company is financially Foster-Harold Hoersch, Miami, Florida, might justify the grant of the above- qualified to construct, own and operate Docket No. 10855, File No. BPCT-1611; East Coast Television Corp., Miami, entitled application of Biscayne Tele­ the proposed television broadcast station. vision Corporation. (2) To determine what effects, if any, Florida, Docket No. 10856, File No. the installation of the television antenna BPCT-1612; South Florida Television 2. To determine whether the instal­ lation and operation of the station pro­ as proposed in the above-entitled appli­ Corporation, Miami, Florida, Docket No. cation of Charleston Broadcasting Com­ 10857, File No. BPCT-1806; Sunbeam posed by Mel Foster-Harold Hoersch in pany would have on the operation of Television Corporation, Miami, Florida, their above-entitled application would constitute a hazard to air navigation. standard broadcast stations WHAN and Docket No. 10858, File No. BPCT-1816; W PAL; whether corrective measures for for construction permits for new televi­ 3. To determine the loss of the diplexer such effects are possible and feasible; sion stations. and the power gain of the antenna sys­ tem proposed by Mel Foster-Harold and what proof should be submitted to A t a session of the Federal Communi­ Hoersch, and the effect thereof on the show that such corrective measures have cations Commission held at its offices in calculated effective radiated power. been taken after installation and opera­ Washington, D. C., on the 20th day of tion of the said proposed antenna. January 1954: 4. To determine on a comparative (3) To determine whether the engi­ basis which of the operations proposed The Commission having under con­ in the above-entitled applications would neering data contained in the above- sideration the above-entitled applica­ entitled application of Charleston best serve the public interest, conven­ tions, each requesting a construction ience and necessity in the light of the Broadcasting Company is in accordance permit for a new television broadcast record made with respect to the sig­ with the requirements of § 3.684 of the station to operate on Channel 7 in Commission’s rules. nificant differences among the applica­ Miami, Florida; and tions as to: (4) To determine the antenna gain It appearing, that the above-entitled rating, aural transmitter output rating (a) The background and experience applications are mutually exclusive in of each, of the above-named applicants and transmission line losses proposed by that operation by more than one appli­ having a bearing on its ability to own Charleston Broadcasting Company, and cant would result in mutually destructive and operate the proposed television sta­ the effect thereof on the calculated ef­ interference; and tion. fective radiated power. It further appearing, that pursuant to (b) The proposals of each of the (5) To determine on a comparative section 309 (b) of the Communications^ above-named applicants with respect to basis which of the operations proposed Act of 1934, as amended, the above-* the management and operation of the in the above-entitled applications would named applicants were advised by letters proposed station. better serve the public interest, con­ of the fact that their applications were (c) The programming service pro­ venience and necessity in the light of mutually exclusive, of the necessity for posed in each of the above-entitled ap­ the record made with respect to the sig­ a hearing and of all objections to their plications. nificant differences between the appli­ applications; and were given an oppor­ I t is further ordered, That the issues cations as to: tunity to reply; and (a) The background and experience in the above-entitled proceeding may be I t further appearing, that upon due enlarged by the Examiner, on his own of each of the above-named applicants consideration of the above-entitled ap­ having a bearing on its ability to own motion or oh petition properly filed by plications, the amendments filed thereto, a party to the proceeding and upon suf­ and operate the proposed television and the replies to the above letters, the station. ficient allegations of fact in support Commission finds that under section 309 thereof, by the addition of the following (b) The proposals of each of the

[Docket Nos. 10861, 10862] two-thirds of the height. The width of each The Commission having under consid­ stroke shall be approximately one-seventh eration the above-entitled applications, W P T F R adio C o . a n d C a p it o l B road­ of the height of the letters. In addition, the each requesting a construction permit c astin g Co., I n c . letters shall be painted aviation surface for a new television broadcast station orange. ORDER DESIGNATING APPLICATIONS FOR CON­ The symbols shall be cleaned and repainted to operate on Channel 13 in Huntington, SOLIDATED HEARING ON STATED ISSUES as often as necessary to maintain good visi­ West Virginia; and It appearing, that the above-entitled In re applications of W PTF Radio bility. If the strokes of the letters are con­ structed of. wood or metal panels such applications are mutually exclusive in Company, Raleigh, North Carolina, construction shall be designed to prevent an that operation by more thari one appli­ Docket No. 10861, File No. BPCT-511; accumulation of snow. cant would result in mutually destruc­ Capitol Broadcasting Company, Incor­ tive interference; and porated, Raleigh, North Carolina, Docket It is ordered, That pursuant to section 309 (b) of the Communications Act of It further appearing, that pursuant to No. 10862, File No. BPCT-824; for con­ section 309 (b) of the Communications struction permits for new television 1934, as amended, the above-entitled ap­ plications are designated for hearing in Act of 1934, as amended, the above- stations. named applicants were advised by letters At a session of the Federal Communi­ a consolidated proceeding to commence at 10:00 a. m. on the 19th day of Febru­ of the fact that their applications were cations Commission held at its offices in mutually exclusive, of the necessity for Washington, D. C., on the 20th day of ary 1954 in Washington, D. C., to deter­ mine on a comparative basis which of the a hearing and of all objections to their January 1954; operations proposed in the above-entitled applications; and were given an oppor­ The Commission having under con­ tunity to reply; and sideration the above-entitled applica­ applications would better serve the public interest, convenience and necessity in It further appearing, that upon due tions, each requesting a construction consideration of the above-entitled ap­ permit for a new television broadcast the light of the record made with respect to the significant differences between the plications, the amendments filed thereto, station to operate on Channel 5 in and the replies to the above letters, the Raleigh, North Carolina; and applications as to: (1) The background and experience Commission finds that under section 309 It appearing, that the above-entitled (b) of the Communications Act of 1934, applications are mutually exclusive in of each of the above-named applicants having a bearing on its ability to own and as amended, a hearing is mandatory; that operation by more than one appli­ and that each of the above-named appli­ cant would result in mutually destructive operate the proposed television station. (2) The proposals of each of the above- cants is legally, financially and tech­ interference; and nically qualified to construct, own and It further appearing, that pursuant to named applicants with respect to the management and operation of the pro­ operate a television broadcast station; section 309 (b) of the Communications I t is ordered, That pursuant to section Act of 1934, as amended, the above- posed station. (3) The programming service pro­ 309 (b) of the Communications Act of named applicants were advised by letters 1934, as amended, the above-entitled ap­ of the fact that their applications were posed in each of the above-entitled applications. plications are designated for hearing in mutually exclusive, of the necessity for a consolidated proceeding to commence a hearing and of all objections to their It is further ordered, That the issues in the above-entitled proceeding may at 10:00 a. m. on the 19th day of Febru­ applications; and were given an opportu­ ary 1954, in Washington, D. C., to de­ nity to reply; and be enlarged by the Examiner, on his own motion or on petition properly filed by termine on a comparative basis which It further appearing, that upon due of the operations proposed in the above- consideration of the above-entitled ap­ a party to the proceeding and upon sufficient allegations of fact in support entitled applications would best serve plications, the amendments filed thereto, the public interest, convenience and and the replies to the above letters, the thereof, by the addition of the following issue: To determine whether the funds necessity in the light of the record made Commission finds that under section 309 with respect to the significant differences (b) of the Communications Act of 1934, available to the applicant will give rea­ sonable assurance that the proposals among the applications as to: as amended, a hearing is mandatory; (1) The background and experience and that each of the above-named appli­ set forth in the application will be ef­ fectuated. of each of the above-named applicants cants is legally, financially and tech­ having a bearing on its ability to own nically qualified to construct, own and Released: January 22, 1954. and operate the proposed television operate a television broadcast station; station. and F ederal C ommunications C o m m is s io n , (2) The proposals of each of the It further appearing, that W PTF Ra­ above-named applicants with respect to dio Company and Capitol Broadcasting [ s e a l ] W m. P. M a s s in g , Acting Secretary. the management and operation of the Company, Incorporated were notified, by proposed station. letters dated January 7 and 11, 1954, [F. R. Doc. 54-563; Filed, Jan. 27, 1954; (3) The programming service pro­ respectively, that in the event of a grant 8:48 a. m .] posed in each of the above-entitled ap­ of either of their applications, such grant plications. would be conditioned so as to require the I t is further ordered, That the issues installation and maintenance of special In the above-entitled proceeding may be [Docket Nos. 10863-108651 hazard markers; that both applicants enlarged by the Examiner, on his own have replied to said letters and have indi­ G reater H u n t in g t o n R adio C o r p. e t a l. motion or on petition properly filed by a cated their willingness to accept such ORDER DESIGNATING APPLICATIONS FOR party to the proceeding and upon suffl- conditions; and that any grant made to CONSOLIDATED HEARING ON STATED ISSUES ^ cient allegations of fact in support either of the above applicants shall be thereof, by the addition of the following In re applications of Greater Hunting- subject to the following conditions: ton Radio Corporation, Huntington, issue: To determine whether the funds The outer limits of the hazard area in West Virginia, Docket No. 10863, File No. available to the applicant will give rea­ which the tower will be situated shall be BPCT-773 ; The Ashland Broadcasting sonable assurance that the proposals set marked by symbols consisting of the letters Company, Huntington, West Virginia, forth in the application will be “HAZ” located so that at least one symbol effectuated. will be visible from aircraft at any normal Docket No. 10864, File No. BPCT-1639; angle of approach. The marking symbols Huntington Broadcasting Corporation, Released: January 22, 1954. shall be located immediately beyond the Huntington, West Virginia, Docket No. ground connection of the outer guy wires. 10865, File No. BPCT-1762; for construc­ F ederal C ommunications The letters of such symbols shall be in­ tion permits for new television stations. C o m m is s io n , stalled in a manner to be legible in clear air At a session of the Federal Communi­ [ s e a l ] W m. P. M a s s in g , at an altitude of 3000 feet at a distance of Acting Secretary. two miles. Moreover the symbols shall con­ cations Commission held at its offices in sist of uniform block letters having a height Washington, D. C., on the 20th day of [F. R. Doc. 54-564; Filed, Jan. 27, 1954; of at least thirty feet and a width equal to January 1954; 8:48 a. m.] No. 19------5 500 NOTICES

[D o c k et Nos. 10666, 10867] I t is ordered, That, pursuant to sec­ of our rules, and our established policy C h ic k C a p it o l B roadcasters, I nc., and tion 309 (b) of the Communications Act raises a serious question as to whether R a d io S t a t io n KAMO of 1934, as amended, the said applica­ grant of the instant application would tions are designated for hearing in a result in a serious overlap between Sta­ ORDER DESIGNATING APPLICATIONS FOR CON­ consolidated proceeding, at a time and tions WCAV and WRVA; SOLIDATED HEARING ON STATED ISSUES place to be specified in a subsequent It is ordered, That, pursuant to section In re applications of Chick Capitol order, upon the following issues: 309 (b) of the Communications Act of Broadcasters, Inc., Rogers, Arkansas, To determine, on a comparative basis, 1934, as amended, the above-entitled Docket No. 10866, File No. BP-8552;^ which of the operations proposed in the application is designated for hearing, at G. Don Thompson and Leon McAuliffe, above-entitled applications would best a date to be determined, in Washington, a partnership d/b as Radio Station serve the public interest, convenience D. C., upon the following issues: KAMO, Rogers, Arkansas, Docket No.' or necessity in the light of the evidence 1. To determine the degree of overlap 10867, File No. BP-8923; for construction adduced and the record made with re­ between Stations WCAV, Norfolk, Vir­ permit. spect to the significant differences be­ ginia; and WRVA, Richmond, Virginia. At a session of the Federal Communi­ tween the applicants as to: 2. To determine if the overlap, as cations Commission held at its offices in (a) The background and experience manifested by Issue No. 1, is so substan­ Washington, D. C., on the 20th day of of each of the above-named applicants tial as to violate § 3.35 of the Commis­ January 1954; to own and operate the proposed station. sion’s rules and regulations. The Commission having under con­ (b) The proposals of each of the 3. To determine, in light of the evi­ sideration the above-entitled applica­ above-named applicants with respect to dence adduced under the above issues, tions of Chick Capitol Broadcasters, the management and operation of the whether grant of the above-entitled ap­ Inc., and Radio Station KAMO for a proposed station. plication would serve the public interest, construction permit to operate a hew (c) The programming service pro­ convenience, and necessity. standard broadcast station in Rogers, posed in each of the above-entitled Arkansas, on 1390 and 1370 kilocycles, applications. Released: January 21, 1954. respectively, with a power of 1000 watts, Released: January 22, 1954. F ederal C ommunications daytime only; C o m m is s io n , It appearing, that each applicant is F ederal C ommunications [ s e a l ] W m . P . M a ssin g , legally, technically, financially and C o m m is s io n , - Acting Secretary. otherwise qualified to operate the sta­ [ s e a l] W m . P. M a s s in g , tion proposed; that no interference Acting Secretary. [F. R. Doc. 54-566; Filed, Jan. 27, 1954; would be caused to any existing or pro­ 8:49 a. m .] [F . R . Doc. 54-565; F iled , Jan. 27, 1954; posed station, but that the operation of 8:49 a. m .} both stations as proposed would result in mutually prohibitive interference with each other; and C h ie f E n g in ee r It further appearing, that pursuant to [Docket No. 10868] DELEGATION OF AUTHORITY TO EXEMPT section 309 (b) of the Communications BROADCAST STATIONS FROM CERTAIN RE­ Act of 1934, as amended, the subject ap­ C avalier B roadcasting C orp. an d L arus QUIREMENTS OF CONELRAD PROGRAM plicants were advised by letters dated & B rother C o ., I n c . Septembers, 1953, of the fact that both A t a session of the Federal Communi­ proposals were mutually exclusive with ORDER DESIGNATING APPLICATION FOR cations Commission held at its offices in a proposal of the Ozark Playground HEARING ON STATED ISSUES Washington, D. C., on the 20th day of Broadcasters to operate a new standard In re application of Cavalier Broad­ January 1954; broadcast station on 1390 kilocycles, with casting Corporation (Assignor), Larus The Commission having under con­ a power of 500 watts, daytime only, at & Brother ! Company, Inc. (Assignee), sideration a proposal to amend Part 0 Neosho, Missouri (File No. BP-8880); for assignment of the broadcast license of its rules to delegate authority to its that neither of the subject proposals con­ for Station WCAV, Norfolk, Virginia; Chief Engineer to exempt standard, PM tained sufficient information from which Docket No. 10868, File No. BAL-1564. and TV broadcast stations from the re­ to determine whether the applicant was At a session of the Federal Communi-- quirements of installing and keeping in financially qualified to construct and cations Commission held at its offices in adequate condition radio receivers for operate the station proposed; that the Washington, D. C., on the 20th day of receiving the Radio Alerts and Radio All Chick Capitol Broadcasters proposal pre­ January 1954; Clears as provided for by § 3.931 of the sented a question as to whether a grant The Commission having under con­ Commission’s rules concerning the thereof would give David M. Segal inter­ sideration the above-entitled applica­ CONELRAD program; and ests in excess of seven standard broad­ tion requesting consent to the assign­ It appearing, that the Chief Engineer cast stations; and that the Commission ment of the license for Station WCAV, is in a position to determine in which in­ was unable to conclude that a grant of Norfolk, Virginia, from Cavalier Broad­ stances standard, FM and TV broadcast any one of the applications would be in casting Corporation to Larus & Brother stations may properly be specifically ex­ the public interest; arid Company, Inc., assignees; and empted from the requirements of § 3.931 It further appearing, that on October It appearing, that there is a substan­ of the rules; and 21, 1953, the Ozark Playground Broad­ tial overlap between Station WCAV and It further appearing, that it would be casters amended its application to re­ Station WRVA, Richmond, Virginia, in the public interest to delegate appro­ quest a different frequency; and which is also owned by the assignee; and priate authority to the Chief Engineer - It further appearing, that Chick Capi­ It further appearing, that, pursuant to make such determinations; and tol Broadcasters, in a reply dated Sep­ to section 309 (b) of the Communica­ It further appearing, that such dele­ tember 30, 1953, submitted sufficient in­ tions Act of 1934, as amended, the above- gation of authority relates to Commis­ formation from which to determine that entitled applicants were advised by letter sion’s internal procedure and is not it is financially qualified to construct dated November 5, 1953, that the Com­ substantive in nature, and therefore com­ and operate the station proposed, and mission was unable to find at that time pliance with the public notice and pro­ stated that David M. Segal has divested that a grant of their application would cedure provided for in section 4 of the himself of any interest in Station KDAS, serve the public interest, convenience, Administrative Procedure Act is unneces­ thereby leaving him with interests in six and necessity, because of the possible sary, and for the same reason, this standard broadcast stations; and violation of § 3.35 of the Commission’s order may be made effective immedi­ It further appearing, that G. Don rules and regulations, and of its estab­ ately; and Thompson filed an amendment on Sep­ lished policy with respect to a substan­ It further appearing, that the au­ tember 28, 1953, changing the applicant tial overlap of the primary service areas thority for the amendment of Part 0 of from an individual to a partnership, of these stations; and the Commission’s rules is contained in which is financially qualified to con­ It further appearing, that, the appli­ sections 4 (i) and 5 (e) of the Communi­ struct and operate the station proposed; cation, considered in the light of § 3.35 cations Act of 1934, as amended; Thursday, January 28, 1954 FEDERAL REGISTER 501

It is ordered, That effective immedi­ [Docket No. G-2284] (f) (18 CFR 1.8 and 1.37 (f) ) of the said ately Part 0 of the rules be and it is Central K entucky N atural G as Co. rules of practice and procedure. hereby amended as shown below. Adopted: January 20, 1954. order denying request for shortened Released: January 21,1954. PROCEDURE AND FIXING DATE OF HEARING Issued: January 22,1954. F ederal Communications Central Kentucky Natural Gas Com­ ' By the Commission. Commission, pany (Applicant), a Kentucky corpora­ [ s e a l ] L e o n M . F u q u a y , [ se a l] W m . P. M assing, tion having its principal place of business Secretary. Acting Secretary. in Charleston, West Virginia, filed an [F. R. Doc. 54-568; Filed, Jan. 27, 1954; Insert the following new subparagraph application with the Federal Power Com­ mission on October 20, 1953, for an order 8:49 a. m.l to section 0.121: disclaiming jurisdiction with respect to (s) (1) The Commission's Chief Engi­ certain sales of natural gas to Kentucky neer is authorized to exempt standard, Creosoting Company, or, in the alterna­ PM and TV broadcast stations, including tive, for a certificate of public conveni­ [Docket No. E-6541J Basic Key and Relay Key stations, from ence and necessity, pursuant to section C o m m u n it y P u b l ic S ervice C o . the requirements of installing the neces­ 7 of the Natural Gas Act, authorizing sary equipment to receive notification of the operation of facilities and the sale of n o t ic e o f application Radio Alerts or Radio All Clears by means natural gas subject to the jurisdiction J a n u a r y 19, 1954. of reception of radio broadcast messages, of the Commission, as fully described in Take notice that on January 18, 1954, and to maintain this equipment in a the application, on file with the Com­ an application was filed with the Federal state of readiness for reception, including mission and open to public inspection. Power Commission, pursuant to section arrangements for human listening watch Applicant has requested that its appli­ 204 of the Federal Power Act, by Com­ or automatic alarm devices or both. cation be disposed of pursuant to the munity Public Service Company, a cor­ (Section 3.931 of the rules.) provisions of § 1.32 (b) (18 CFR 1.32 (b) ) poration organized under the laws of the (2) The Commission’s Chief Engineer of the Commission’s rules of practice and State of Delaware and doing business in is authorized, when the public interest procedure. Due notice of the filing of the State of New Mexico and Texas, with so requires, to revoke all exemptions the application has been given, including its principal business office at Fort Worth, granted by him in accordance with sec­ publication in the F ederal R egister on Texas, seeking an order authorizing the tion (a) of this section, and also all December 5, 1953 (18 F. R. 7878). Al­ issuance of $3,000,000 principal amount exemptions which the Commission has though no formal protest to the appli­ of promissory notes dated or to be dated granted in connection with § 3.931 be­ cation has been filed, the Commission during the first six months of 1954 repre­ fore January 20, 1954. Any such revo­ has received a letter dated December 24, senting short-term loans obtained or to cation shall be effective as soon as the 1953 from Kentucky Creosoting Com­ be obtained from banking institutions. licensee is notified. pany in which it is alleged, among other Applicant proposes to renew short-term [F. R. Doc. 54-561; Filed, Jan. 27, 1954; things, that Kentucky Creosoting Com­ promissory notes in the aggregate prin­ 8:46 a. m.] pany has refused to sign a service agree­ cipal amount of $2,200,000 now outstand­ ment with Applicant for the sale of ing, and to borrow on an additional natural gas herein involved. Said letter short-term promissory note or notes the FEDERAL POWER COMMISSION has been designated as an informal com­ aggregate maximum sum of $800,000 by [Docket No. E-6539] plaint by Kentucky Creosoting Company June 30, 1954; all as more fully appears and assigned Docket No. IN-863. In in the application on file with the Com­ O tter T a il P o w e r C o . these circumstances, the Commission mission. NOTICE OF ORDER AUTHORIZING ISSUANCE OF deems it appropriate to provide oppor­ Any person desiring to be heard, or to SECURITIES tunity for presentation by Kentucky make any protest with reference to said Creosoting Company of any facts or application should, on or before the 12th J a n u a r y 22, 1954. matters pertinent to the issues presented day of February 1954, file with the Fed­ Notice is hereby given that on January by the application herein. eral Power Commission, Washington 25, 20,1954, the Federal Power Commission The Commission finds: This proceed­ D. C., a petition or protest in accordance issued its order adopted January 19, ing is not a proper one for disposition with the Commission’s rules of practice 1954, authorizing issuance of securities under the provisions of § 1.32 (b) (18 and procedure. The application is on in the above-entitled matter. CFR 1.32 (b) ) of the Commission’s rules file with the Commission for public in­ of practice and procedure. [ seal] L e o n M. F u q u a y , spection. Secretary. The Commission orders: (A ) The request that the proceeding [ s e a l ] L e o n M. F u q u a y , [F. R. Doc. 54-585; Filed, Jan. 27, 1954; be disposed of under the provisions of Secretary. 8:52 a. m.] § 1.32 (b) of the Commission’s rules of [F. R. Doc. 54-569; Filed, Jan. 27, 1954; practice and procedure be and the same 8:49 a. m.[ hereby is denied. [Docket Nos. G-2173, G-2230] (B) Pursuant to the authority con­ tained in and subject to the jurisdiction SECURITIES AND EXCHANGE T exas E astern T ransmission C o u p , and conferred upon the Federal Power Com­ U n it e d N a t u r a l G as C o . COMMISSION mission by sections 7 and 15 of the Nat­ [File No. '70-31251 NOTICE OF FINDINGS AND ORDERS ural Gas Act, and the Commission’s rules of practice and procedure, a public hear­ U n io n E lectr ic C o . o f M is s o u r i J a n u a r y 22,1954. ing be held on February 23, 1954, at In the matters of Texas Eastern Trans­ 10:00 a. m., e. s. t., in the Hearing Room ORDER MAKING EFFECTIVE POST-AMENDMENT mission Corporation, Docket No. G-2173; of the Federal Power Commission, 441 G REGARDING EXTENSION OF TIME FOR AC­ United Natural Gas Company, Docket Street NW., Washington, D. C., concern­ CEPTANCE OF EXCHANGE OFFER No. G-2230. ing the matters involved and the issues J a n u a r y 21, 1954. Notice is hereby given that on January presented by the application. 21,1954, the Federal Power Commission The Commission having on December (C) Protests or petitions seeking leave 15, 1953, granted and permitted to be­ issued its orders adopted January 20, to intervene in this proceeding may be 1954, issuing certificates of public con­ come effective the application-declara­ filed with the Federal Power Commission, tion of Union Electric Company of venience and necessity in the above-en­ Washington 25, D. C., in accordance with titled matters. Missouri (“ Union” ) , a registered holding the rules of practice and procedure (18 company and also a subsidiary of The [ seal] L e o n M . F u q u a y , CFR 1.8 or 1.10) on or before the 10th North American Company, likewise a Secretary. day of February 1954. registered holding company, regarding IF. R. Doc. 54-586; Filed, Jan. 27, 1954; (D) Interested State commissions may the acquisition of shares of common 8:53 a. m.l participate as provided by §§ 1.8 and 1.37 stock of Missouri Edison Company 502 NOTICES

(“Missouri Edison” ), pursuant to an respect to an application-declaration of six months from December 21, 1953 offer of exchange, and the issuance of filed by Missouri regarding, among other the time within which to effect a disposi­ additional shares of common stock by things, the acquisition by Missouri from tion of its holdings of the common stock Union to effectuate such exchange; and Cities of the 1,500,000 shares of the com­ of Westpan Hydrocarbon Company One of the conditions of the exchange mon stock of Gas Service (Pile No. 70- (“Westpan” ), which was provided for offer being that the holders of at least 3181) wherein the Commission ordered in a plan approved by the Commission 85 percent of the shares of Missouri Edi­ that the hearing with respect to the ap­ pursuant to section 11 (e) of the act, by son common stock should accept such plication-declaration filed by Cities and order dated December 21, 1951; offer; and the application-declaration filed by Mis­ Sinclair having set forth in its appli­ Union having now filed a post-amend­ souri be consolidated for hearing and cation that it has been unable in the ment stating that Union on December that the hearing on both matters be held exercise of due diligence to dispose of 18, 1953, mailed such exchange offer to on January 26, 1954; and the common stock of Westpan; all common stockholders of record of It appearing that, on January 21,1954 Due notice of the filing of said appli­ Missouri Edison, such offer to be open the State Corporation Commission of cation having been given and no hearing through the close of business on Janu­ the State of Kansas (“Kansas Commis­ having been requested of, or ordered by ary 21, 1954; that as of January 18, sion” ) filed ( 1) a motion that it be ad­ the Commission; and 1954, more than 85 percent of such mitted as a party in the consolidated The Commission having examined shares of Missouri Edison common proceeding and (2) a motion that the said application and having considered stock had been, deposited for exchange hearing scheduled to be held on January the reasons submitted in support thereof, and that Union proposes, shortly after 26, 1954 be postponed for a period of 30 and deeming it appropriate to grant the initial closing of the exchange offer days or for as long a period as the Com­ said application for a further extension (January 21, 1954), to consummate the mission can under the circumstances of time: initial exchange upon the fulfillment of grant; and I t is ordered, That the time within the other conditions thereto, but that It appearing that the Kansas Commis­ which Sinclair shall effect the disposi­ Union believes that it would be advis­ sion is a “ State Commission” as defined tion of the common stock of Westpan able, 'in the interest of the stockholders by section 2 (a) (26) of the act and, be, and it hereby is, extended for a of Missouri Edison who may not have pursuant to section 19 of the act and further period of six months from De­ had sufficient time to obtain their cer­ Rule X V II of the Commission’s rules of cember 21, 1953. tificates or to respond to the offer, as practice is entitled to be admitted as a It is further ordered, That the Com­ well as in the interests of Union and party; and mission’s order herein of July 1, 1953, Missouri Edison, to extend the exchange The Commission having considered shall in all other respects remain in full offer on the same terms as those con­ the request of the motion of the Kansas force and effect. tained in the initial offer for a period Commission for an order postponing the of sixty days from January 21, 1954; hearing, By the Commission. and I t is ordered, That (1) Kansas Com­ [ seal] Orval L. D u Bois, The Commission having considered mission be and hereby is admitted as a Secretary. said post-amendment, and finding that party in the above captioned proceed­ [F. R. Doc. 54-574; Filed, Jan. 27, 1954; such post-amendment regarding such ings, (2) the motion of the Kansas Com­ 8:49 a. m.] extension of time should be made ef­ mission for an order postponing the fective forthwith; hearing is denied, and (3) after the con­ I t is ordered, That said post-amend­ clusion of the taking of testimony at the ment regarding such extension of time hearing to commence on January 26, [File Nos. 70-3167, 70-3181] be and become effective forthwith. 1954, the hearing be adjourned until Cities Service Co. et al. By the Commission. February 2, 1954, at 10:00 a. m., e. s. t., and that, at the adjourned hearing, the ORDER DECLARING DECLARATION EFFECTIVE [ seal] O rval L. Du B ois, Kansas Commission be permitted to ex­ Secretary. amine or cross-examine any witness who January 22,1954. |F. R. Doc. 54-570; Filed, Jan. 27, 1954; has testified earlier and to offer such In the matter of Cities Service Com­ 8:49 a. m.] further evidence as it may wish to pre­ pany, The Gas Service Company, Gas sent. Advisers, Inc., File No. 70-3167; Missouri Public Service Company, File No. 70-3181. By the Commission. Missouri Public Service Company, a [File Nos. 70-3167, 70-3181] [ seal] Orval L. D u B ois, registered holding company, having filed, Secretary. among other things, a declaration and an Cities Service Co. et al. amendment thereto pursuant to section [F. R. Doc. 54-573; Filed, Jan. 27, 1954; ORDER CONCERNING MOTION FOR POSTPONE­ 12 (e) of the Public Utility Holding Com­ 8:49 a. m.] MENT OF HEARING pany Act of 1935 and Rule U-62 there­ under regarding proxy material to be January 22, 1954. sent to its stockholders of record in In the matter of Cities Service Com­ connection with a special meeting of pany, the Gas Service Company, Gas [File Nos. 54-196, 59-97, 70-2681] stockholders to be held to vote on the Advisers, Inc., Pile No. 70-3167; Missouri M ission Oil Co. et al. increase in the number of authorized Public Service Company, Pile No. 70- shares of its common stock and to ratify 3181. ORDER GRANTING FURTHER EXTENSION OF the action of the management in con­ The Commission having, on January TIME FOR DISPOSITION BY SINCLAIR OIL tracting to purchase the common stock 12,1954, issued a Supplemental Notice of COMPANY OF CERTAIN COMMON STOCK OF of The Gas Service Company; and Piling and Notice of and Order for Hear­ SUBSIDIARIES The Commission having examined ing directing that a hearing be held on January 22, 1954. such material, as amended, observing no January 26, 1954, upon the application- In the matter of The Mission Oil Com­ basis for making adverse findings with declaration of Cities Service Company pany, Southwestern Development Com­ respect thereto, and finding that such (“ Cities” ), the Gas Service Company pany, and subsidiaries and Sinclair Oil declaration with respect to such solici­ (“ Gas Service” ), and Gas Advisers, Inc. Corporation, File Nos. 54-196; 59-97; tation material should become effective (“ Gas Advisers” ) (Pile No. 70-3167), re­ Albert R. Jones, et al., File No. 70-2681. forthwith; garding, among other things, the sale by Sinclair Oil Corporation (“Sinclair” ), I t is ordered, That such declaration be Cities of 1,500,000 shares of the common a registered holding company which is and become effective forthwith. stock of Gas Service to Missouri Public exempt from the provisions of the Public By the Commission. Service Company (“Missouri” ) ; and Utility Holding Company Act of 1935 The Commission having, on January (“act” ), other than sections 9 (a) (2) [ seal] Orval L. D uBois, 19, 1954, issued a Notice of Piling and and 11 (b), (c) and (e) thereof, having Secretary. Notice of and Order for Hearing and filed an application requesting the Com­ [F. R. Doc. 54-572; Filed, Jan. 27, 1954; Order Consolidating Proceedings with mission to extend for a further period 8:49 a. m.]