ÌEGISTEB VOLUME 24 '4*. 1934 ^ NUMBER 85 - iflVITEO ^

Washington, Friday, May 1, 7959

of the United States, and upon the rec­ CONTENTS Title 3— THE PRESIDENT ommendation of the Secretary of Agri­ culture, it is ordered as follows: % THE PRESIDENT Executive Order 10813 1. There is hereby included in and re­ served as parts of the Chattahoochee Executive Orders Pase INCLUDING CERTAIN LANDS IN THE National Forest the following-described Including certain lands in the CHATTAHOOCHEE NATIONAL FOR­ lands, such inclusion and reservation to Chattahoochee National Forest EST AND THE NANTAHALA NA­ be in accordance with and subject to all and the Nantahala National the provisions and conditions of the Forest______» ______3465 TIONAL FOREST above-mentioned agreements of Septem­ Inspection of income, excess- WHEREAS on September 18, 1958, the ber 18, 1958, between the Tennessee profits, estate, and gift tax re­ Tennessee Valley Authority and the Valley Authority and the United States turns by the Committee on U n - United States Department of Agriculture Department of Agriculture: American Activities, House of entered into two agreements (Contracts Lands lying in Union County, State of Representatives______3474 TV-18549A and TV-20031A) providing Georgia, in Districts 8 and 9 of section Inspection of statistical transcript for the transfer by the Authority to the I, on the shores of Nottely Lake, being cards and corporation and indi­ Department of the right of possession more particularly described as follows: vidual income tax returns by and all other right, title, and interest Parcel No. 1 the Securities and Exchange which the Authority might have in or Commission______3474 A tract of land located in Land Lots 54, to certain lands therein designated and 55, 56, 57, 88, and 89 of District 8, approx­ EXECUTIVE AGENCIES described in Towns County and Union imately % mile west of Nottely Dam, and County, Georgia, and in Cherokee County more particularly described as follows: Agricultural Marketing Service and Clay County, North Carolina, so that Beginning at US-TVA Monument 1-40 Rules and regulations: the lands in Georgia might be included (Coordinates: N. 1,806,316; E. 518,482) ini Grapefruit grown in Arizona in and reserved as parts of the Chatta­ the center line of an old road and in the boundary of the United States of America’s and certain parts of Califor­ hoochee National Forest and the lands in nia; limitation of shipments. 3491 North Carolina might be included in and land at a corner o f the lands of W. J. Byers, J. L. Raper et ux, and the D. T. Meadows reserved as parts of the Nantahala N a­ Agriculture Department heirs. See also Agricultural Marketing tional Forest, in accordance with the Prom’ the initial point with the United provisions and conditions of those agree­ States of America’s boundary line, S. 48° 15' Service; Commodity Credit Cor­ ments and subject to the approval re­ E., 362 feet to US-TVA Monument 1-41 in the poration; Commodity Stabiliza­ quired by section 4(k) (c) of the Tennes­ center line of an old road; tion Service; Farmers Home see Valley Authority Act of 1933, as With the center line of the old road as it Administration. amended by the act of July 18, 1941 (55 meanders in an easterly direction to a metal Notices: stat. 599); and marker (Coordinates: N. 1,806,101; E. 519,- Agency heads et al.; delegations 2 0 1 ); WHEREAS on January 24, 1959, the of authority and assignment Leaving the old road, S. 38° 50' E., 250 feet of functions; amendments___ 3515 agreements of September 18, 1958,- be- to a metal marker; Tennessee Valley Authority N. 62° 40' E., 368 feet to a metal marker in Air Force Department and the United States Department of the center line of an old road; Rules and regulations: Agncuiture were approved by the Direc- With the center line of the old road as it Claims arising outside the U.S.; 1 f Bureau of the Budget pur- meanders in an easterly direction to a metal miscellaneous amendments__ 3504 nf fu mthe Provisions of section 4(k) (c) marker (Coordinates: N. 1,806,068; E. 520,- Reserve Officers’ Training m tne Tennessee Valley Authority Act of 041); Leaving the old road, N. 42°22' E., 323 feet Corps; miscellaneous amend­ Pvt.» ^ amended, and of section 1(h) of to a point in the center line of a branch; ments______3505 .With the center line of the branch as it Alien Property Office 1954^and ° rder N ° * 110530 0f May 10' meanders in a northeasterly direction to a Notices: ^ aPPears that such lands point ( Coordinates: N. 1,806,499; E. 520,385); Vested property, intention to and tv,* *or national-forest purposes Leaving the branch N. 75°38' E., 210 feet return: ChnHov t,he inclusion thereof in the to US-TVA Monument 1-47; N. 88°51' E., 1,331 feet to a metal marker; Hees, Dr. Emil______3514 Nania?1

CONTENTS— Continued CONTENTS— Continued Atomic Energy Commission— Federal Maritime Board Page FEDERALfii®ISTER Continued Notices: Notices— Continued American Mail Line, Ltd., et al.; Byproduct material license to hearing — r.------1______3517 dispose of radioactive waste Federal Power Commission Published daily, except Sundays, Mondays, in the ocean, proposed issu­ Notices: and days following official Federal holidays, ance thereof— Continued Hearings, etc.: by the Office of the Federal Register, National U.S. Naval Radiological De­ Archives and Records Service, General Serv­ City of Red Bud, Illinois, et al_ 3523 ices Administration, pursuant to the au­ fense Laboratory, Depart­ Kerr-McGee Oil Industries, thority contained in the Federal Register Act, ment of the Navy______3519 Inc., et al. and Humble Oil approved July 28, 1935 (49 Stat. 500, as Construction permit and utili­ & Refining Co______3524 amended; 44 U.S.C., ch. 8B), under regula­ zation facility license; Vet­ tions prescribed by the Administrative Com­ erans Administration______3520 Federal Reserve System Notices : mittee of the Federal Register, approved by Proposed rule making: the President. Distribution is made only by First Virginia Corp. ; request for the Superintendent of Documents, Govern­ Financial protection require­ determination and order for ment Printing Office, Washington 25, D.C. ments and indemnity agree­ hearing______3524 The Federal R egister will be furnished by ments______3508 mail to subscribers, free of postage, for $1.50 Civil Aeronautics Board Foreign Commerce Bureau per month or $15.00 per year, payable in Notices : advance. The charge for individual copies Notices: Southeast Airlines enforce- COFINA S.A. et al.; order re­ (minimum 15 cents) varies in proportion to voking export licenses and the size of the issue. Rem it check or money . ment case; postponement and order, made payable to the Superintendent change in place of hearing___ 3520 denying export privileges_ 3515 of Documents, directly to the Government Immigration and Naturaliza­ Printing Office, Washington 25, D.C. Coast Guard The regulatory material appearing herein Rules and regulations: tion Service is keyed to the Code op F ederal R egulations, Rules of the road; interpretive Rules and regulations: which is published, under 50 titles, pursuant rulings______„ 3505 Nonimmigrant, adjustment of to section 11 of the Federal Register Act, as Use of dangerous articles as status to that of person ad­ amended August 5, 1953. The Code op F ed­ ships’ stores and supplies on mitted for___permanent resi­ eral R egulations is sold by the Superin­ board vessels______3507 dence - - 3491 tendent of Documents. Prices of books and pocket supplements vary. Commerce Department Interior Department There are no restrictions on the re­ See Federal Maritime Board; For­ See Land Management Bureau. publication of material appearing in the eign Commerce Bureau. Federal Register, or the Code op Federal Internal Revenue Service R egulations. Commodity Credit Corporation Rules and regulations: Rules and regulations: Inspection by the Securities and Cotton; 1959 loan and purchase Exchange Commission of: programs (2 documents) _ 3475,3482 Statistical transcript cards prepared from corporation CFR SUPPLEMENTS Commodity Stabilization Service income tax returns—------3503 (As of January 1, 1959) Rules and regulations: Transcript cards and corpo­ Beets, sugar; California, south­ rate and individual income western Arizona, southern The following supplements are now tax returns------3503 Oregon, and western Nevada. 3488 available: Sugarcane; prices;' Hawaii; Interstate Commerce Commis­ Title 7, Parts 900-959 ($1.50) 1956, 1957, and 1958 crops____ 3490 sion Customs Bureau Notices: Title 14, Parts 1-39 ($0.55) Proposed rule making: Accounting for Federal income Titles 44-45 ($0.60) Trademarks and trade names._ 3513 taxes______3525 Fourth section applications for Defense Department relief______- 3526 Previously announced: Title 3, 1958 Supp. See Air Force Department. Motor carrier transfer pro­ ($0.35); Titles 4 -5 ($0.50); Title 7, Parts 1-50, Rev. Jan. 1, 1959 ($4.00); Parts Farmers Home Administration ceedings______3525 5 1-52, Rev. Jan. 1, 1959 ($6.25); Title Rules and regulations: Rules and regulations : Chart of accounts for Class II» 8 ($0.35); Title 9, Rev. Jan. 1, 1959 Virginia; average values of motor carriers of property; ($4.75); Titles 10-13, Rev. Jan. 1, 1959 farms______3475 ($5:50); Title 14, Parts 40-3 9 9 ($0.55); accounts prescribed------* 35W‘ Title 18 ($0.25); Titles 2 2 -23 ($0.35); Federal Aviation Agency Justice Department Title 24, Rev. Jan. 1, 1959 ($4.25); Title Rules and regulations: 25 ($0.35); Title 26, Parts 1-79 ($0.20); See Alien Property Office; Immi­ Airspace assignment and uti­ gration and Naturalization Parts 80-169 ($0.20); Parts 170-182 lization______3498 ($0.20); Part 300 to end, Title 27 Minimum en route IFR alti­ Service. ($0.30); Titles 2 8 -2 9 ($1.50); Title 32, tudes; miscellaneous altera­ Labor Department Parts 70 0-7 99 ($0.70); Part 1100 to end tions______3500 ($0.35); Title 32A ($0.40); Title 33 See Wage and Hour Division. ($1.50); Titles 3 5 -3 7 ($1.25); Title 38 Federal Communications Com­ Land Management Bureau ($0.55); Title 39 ($0.70); Titles 4 0-42 mission ($0.35); Title 43 ($1.00); Title 46, Parts Notices: 1-145 ($1.00); Parts 146-149, 1950 Notices: Nevada; proposed withdrawal Supp. 2 ($1.50); Part 150 to end ($0.50); Hearings, etc. : and reservation of lands (2 Title 47, Part 30 to end ($0.30); Title 49, DeHart, Richard L., et al_____ 3522 documents)______3514,3515 Parts 1-70 ($0.25); Part 7 1 -9 0 ($0.70); Goleta Broadcasting Asso­ Securities and Exchange Com­ Parts 91-1 6 4 ($0.40) ciates and Bert Williamson and Lester W. Spillane_____ 3522 mission Order from Superintendent of Docu­ Intrastate Broadcasters_____ 3521 Notices: ments, Government Printing Office, Musical Heights, Inc______3521 Colorado and Southern Railway Washington 25, D.C. Wilson, Clarence E., and Per­ Co. ; hearing, etc------à mian Basin Radio Corp. Proposed rule making: ... (K H O B )...... 3520 Certain proposed offerings— — Friday, May 1, 1959 FEDERAL REGISTER 3467 S. 55°44' W., 426 feet to a metal marker CONTENTS— Continued CODIFICATION GUIDE •Con. at a junction of old roads; Page Leaving the old road, S. 82°35' W „ 75 feet Small Business Administration PaSe 3 3 CFR to a metal marker; Rules and regulations: 85 ______3506 S. 74°26' W., 80 feet, passing a 30-inch Size standards. ____------3491 86 ______3506 sycamore tree at 4 feet, to a point in the center line of the Nottely River and in the 91______3506 State Department boundary of the United States of America’s Rules and regulations: 96...... ______3507 land; Additional compensation in for­ 41 CFR With the United States of America’s boundary line, eign areas; designation of Proposed rules: differential posts. ______3475 With the center line of the Nottely River 202______3513 as it meanders downstream to a point (Co­ Treasury Department 4 6 CFR ordinates: N. 1,807,971; E. 522,366); See Coast Guard; Customs B u ­ Leaving the river, S. 61° 10' E., 713 feet to 3507 reau ; Internal Revenue Service. 147______US-TVA Monument 1-50; 4 9 CFR S. 7°06' W., 364 feet to a metal marker in Wage and Hour Division the center line of an abandoned road; Proposed rule making: 184______3507 With the center line of the abandoned Fabricated structural steel in­ road as it meanders in a northeasterly direc­ dustry; extension of time to a metal marker (Coordinates: N. 1,801,745; tion and subsequently in an ¿easterly direc­ submit exceptions______3513 E. 516,694) in the center line of an old road tion, passing a metal marker (Coordinates: Rules and regulations: and in the boundary of the United States of N. 1,807,528; E. 523,082), a metal marker Fabric and leather glove indus­ America’s land; (Coordinates: N. 1,807,550; E. 523,185), a metal marker (Coordinates: N. 1,807,528; E. try in Puerto Rico______3503 With the United States of America’s boundary line, 523,436), and a metal marker (Coordinates: With the center line of the old road as it N. 1,807,492; E. 524,317), to a point (Co­ CODIFICATION GUIDE meanders in a northerly direction approxi­ ordinates: N. 1,807,419; E. 524,534) in the A numerical list of the parts of the Code mately along a bearing and distance of N. center of the junction of the abandoned road with a public road; of Federal Regulations affected by documents 6°41’ E., 112 feet to a metal marker; With the center line of the public road as published in this issue. Proposed rules, as Leaving the old road, N. 9° 30' W., 212 feet opposed to final actions, are identified as to a metal marker; it meanders in a southeasterly direction, such. N. 0°06' E., 1,135 feet to a metal marker in passing a point (Coordinates: N. 1,806,905; A Cumulative Codification Guide covering the center line of an old road; E. 524,882), a point (Coordinates: N. the current month appears at the end of each With the center line of the old road as it 1,806,797; E. 525,063), and a point (Coor­ issue beginning with the second issue of the meanders in a northerly direction, passing dinates: N. 1,806,741; E. 525,202), to US-TVA month. a point (Coordinates: N. 1,803,805; E. 516,541) Monument 1-13; at a junction of roads, to a point (Coordi­ Leaving the public road, S. 88°32' E., 544 3 CFR PagQ nates: N. 1,804,568; E. 517,178); feet to the point of beginning. The land described above as Parcel No. 2 contains 127. Executive orders: Leaving the old road, N. 46°59' W., 554 feet to a metal marker; acres, more or less. 10813 ______3465 N. 42°22' E., 537 feet to a metal marker; Parcel No. 4 10814 ______3474 S. 50°23' E„ 565 feet to US-TVA Monument 1 0 8 1 5 __ 3474 1-35 on the northwest side of a public road; Three islands formed by the 1,780-foot 5 CFR With the meanders of the northwest side (MSL) contour and lying in Nottely Lake in of the public road in a northeasterly direc­ Land Lots 109, 110, and 144 of District 9, 325____ 3475 tion approximately along the following bear­ approximately 1% miles south of Nottely ings and distances: Dam, the said islands being more particu­ 6 CFR larly described as follows: 331______N. 41° E„ 445 feet, ____ 3475 N. 31° E., 110 feet, An island having a length o f approxi­ 427 (2 documents) 3475,3482 N. 19° E., 235 feet to a metal marker (Co­ mately 1,780 feet and an approximate maxi­ 7 CFR ordinates: N. 1,805,632; E. 518,000); mum width of 770 feet, the center of the N. 68°12’ W., 22 feet to a metal marker in island being defined approximately by the 861__ 3488 the center line of an old road; coordinates N. 1,796,350 and E. 523,350. 876___ 3490 With the center line of the old road as it An island having a length of approxi­ 955_____ H i l l ™ ] 3491 meanders in a northeasterly direction, pass­ mately 340 feet and an approximate maxi­ ing a metal marker / (Coordinates: N. mum width of 160 feet, the center of the 8 CFR 1,805,822; E. 518,096) and a metal marker island being defined approximately by the 245______3491 (Coordinates: N. 1,805,991; E. 518,356) at a coordinates N. 1,797,160 and E. 524,290. junction of roads, to the point of beginning. An island having a length of approxi­ 10 CFR The land described above as Parcel No. 1 mately 340 feet and an approximate maxi­ Proposed ru les: contains 203 acres, more or less. mum width of 220 feet, the center of the 140_ 3508 island being defined approximately by the 13 CFR Parcel No. 2 coordinates N. 1,797,460 and E. 524,830. 1 2 1______; A tract of land located in Land Lots 37, 38, There are hereby expressly EXCEPTED r 491 and 71 of District 9, approximately y2 mile AND EXCLUDED from the land described 14 CFR northeast of Nottely Dam, and more particu­ above as Parcel No. 4 and from this order 409_ larly described as follows: 3.5 acres, more or less, being those portions 3498 6io___ m m Beginning at US-TV A Monument 1-14 of the said land which lie below elevation 3500 (Coordinates: N. 1,806,400; E. 526,869) in the l ‘,785 (M SL). 17 CFR boundary of the United States of America’s The land described above as Parcel No. 4 land at a corner of the lands of Thomas after giving effect to the exclusion above Proposed ru les: Daniel, C. J. Johnson, and C. G. Kuykendall. 230____ noted, contains 12.9 acres, more or less. 3514 Prom the initial point with the United 19 CFR States of America’s boundary line, S. 0°08' Parcel No. 5 E., 2,587 feet to US-TVA Monument 2—15; A tract of land lying in Land Lots 106, 110, Proposed ru les: Leaving the United States of America’s and 111 of District 9, on the northeast shores 3513 boundary line, of Nottely Lake approximately 1 mile south­ % CFR ' S. 89°54' W., 1,150 feet to a metal marker; east of Nottely Dam, and more particularly 458_____ N. 0°02' E., 1,868 feet to a metal marker; described as follows: 3503 N. 46°52' W., 1,145 feet to a metal marker Beginning at US-TVA Monument 4-6 (Co­ 26 (1954) CFR at the corner of Land Lots 37, 38, 71, and 72, ordinates: N. 1,798,393; E. 529,371) in the District 9, Section 1; boundary of the United States of America’s 3503 29 CFR N. 72°12' W., 2,078 feet to a metal marker land at a corner of the lahds of H. W. 603___ in the center line of an old road; Deaver and Solomon A. Deaver. 3503 With the center line of the old road as it Prom the initial point with the United 32 CFR meanders in a southwesterly direction ap­ States of America’s boundary line, 836. proximately along the following bearings and S. 0°17' W., 2,007 feet, passing a metal 86?.. 3504 distances: marker at 1,125 feet and a metal marker in 3505 S. 17°42' W., 44 feet to a metal marker, the 1,785-foot contour at 1,967 feet to a point 3468 THE PRESIDENT in the 1,780-foot contour on the shore of as Parcel No. 6 and from this order 15.7 S. 71°21' W., 1,063 feet to US-TVA Monu­ Nottely Lake; acres, more or less, being those portions of ment 7-3; Leaving the United States of America’s the said land which lie below elevation 1,785 S. 89°25' W., 793 feet to US-TVA Monument boundary line, (MSL). 7-4; With the 1,780-foot contour as it meanders The land described above as Parcel No. 6, S. 1°20' E., 129 feet to US-TVA Monument in a general northwesterly direction; after giving effect to the exclusion above 7-5; Leaving the contour, S. 89°29' E„ 783 feet, noted, contains 132 acres, more or less. N. 89°37' W., 891 feet to US-TVA Monu­ passing a metal marker (Coordinates: N. ment 7-6; Parcel No. 7 1,798,464; E. 526,880) in the 1,785-foot con­ S. 6°42' E., 429 feet to US-TVA Monument tour at 26 feet, a metal marker and a stone A tract of land lying in Land Lots 138, 139, 7-7; at the corner of Land Lots 106, 107, 110, and 140,141, 148, 149,150, and 151 of District 9, on S. 87°39' W., 1,296 feet to US-TVA Monu­ 111 at 338 feet, and a metal marker at 768 the north shores of the Ivylog Creek Embay­ ment 7-8; feet, to a metal marker in the center line of ment of Nottely Lake, approximately 2*4 S. 13°00' E., 227 feet to US-TVA Monu­ a road; miles southeast of Nottely-"Dam, and more ment 7-9; With the center line of the road as it particularly described as "follows: S. 88°41' W., 1,285 feet, passing US-TVA meanders in an easterly direction to a point Beginning at US-TVA Monument 5-10 (Co­ Monument 7-9A at 508 feet, to US-TVA in the boundary of the United States of ordinates: N. 1,796,005; E. 537,633) at the Monument 7-10; America’s land; corner of Land Lots 114,115,138, and 139 and S. 3°37' W., 491 feet to US-TVA Monument With the United States of America’s in the boundary of the United States of 7-11; boundary line, America’s land at a corner of the lands of the N. 88°57' E., 380 feet to a metal marker Leaving the road, S. 9° 33' W., 235 feet to Union Power Company, J. L. Elliott, and Lee in the center line of a road; the point of beginning. Truelove. With the center line of the road as it There are hereby expressly EXCEPTED From the initial point with the United meanders in a southerly direction to US-TVA AND EXCLUDED from the land described States of America’s boundary line, Monument 7-13 (Coordinates: N. 1,788,188; above as Parcel No. 5 and from this order N. 89°40' E., 1,350 feet, passing a metal E. 534,583); 13.5 acres, more or less, being that portion marker in the 1,785-foot contour at 1,336 feet, Leaving the road, S. 88°22' E., 291 feet, of the said land which lies below elevation to a point in the 1,780-foot contour on the passing a metal marker in the 1,785-foot con­ 1,785 (MSL). northwest shore of the Ivylog Creek Embay­ tour at 271 feet, to a point in the 1,780-foot The land described above as Parcel No. 5 ment of Nottely Lake; » contour on the west shore of the Reece Creek after giving effect to the exclusion above Leaving the United States of America’s Embayment of Nottely Lake; noted, contains 110. acres, more or less. boundary line, Leaving the United States of America’s With the 1,780-foot contour as it meanders boundary line, Parcel No. 6 down the embayment in a general westerly With the 1,780-foot contour as it meanders Land lying in Land Lots 112, 141, 142, 147, direction to a point on the east shore of an in a southerly direction to the mouth of the and 148 of District 9, on the northeast shores inlet and in the boundary of the United embayment, thence down the lake in a gen­ of Nottely Lake approximately 1% miles States of America’s land; eral northwesterly direction to the mouth of southeast of Nottely Dam, and more par­ With the United States of America’s the Ivylog Creek Embayment, thence up the ticularly described as follows: boundary line, Ivylog Creek Embayment in a general easterly Beginning at a metal marker (Coordi­ Leaving the contour, N. 88°44' E., 666 feet, direction to a point in the center line of a nates: N. 1,796,259; E. 531,483) in the bound­ passing a metal marker in the 1,785-foot branch and in the boundary of the United ary of the United States of America’s land at contour at 19 feet, to US-TVA Monument States of America’s land; a corner of the lands of E. L. Chastain and 4-36; With the United States of America’s bound­ the Union Power Company. N. 18°12' W „ 1,095 feet to US-TVA Monu­ ary line, From the initial point with the United ment 4-37; With the center line of the branch as it States of America’s boundary line, S. 86°49' E., 863 feet to US-TVA Monument meanders upstream, passing a metal marker S. 6°10'*E., 317 feet to US-TVA Monument 4^18; in the 1,785-foot contour; 4-14; S. 0°14' E., 569 feet to US-TVA Monument Leaving the branch, S. 40°09' E., 437 feet to S. 1°24' W., 285 feet to US-TVA Monument 4- 19; the point of beginning. 4-15; N. 76°39' E., 1,486 feet to US-TVA Monu­ There are hereby expressly EXCEPTED S. 78°06' W., 917 feet to US-TVA Monument ment 5-1; AND EXCLUDED from the land described 4-16; N. 1°00' E„ 744 feet to US-TVA Monument above as Parcel No. 8 and from this order S. 51 °48' E., 650 feet to US-TVA Monument 5- 2; 16.5 acres, more or less, being that portion of 4-38; S. 89°51' E., 1,195 feet to US-TVA Monu­ the said land^which lies below elevation 1,785 S. 42°52' W., 1,011 feet to a metal marker; ment 5—3 ; (MSL). S. 32°48' W., 268 feet to a metai marker in N. 87° 54' E„ 1,228 feet to US-TVA Monu­ The land described above as Parcel No. 8, the center line of a trail; ment 5-4; after giving effect to the exclusion above With the center line of the trail as it S. 1°54' E., 1,503 feet to US-TVA Monu­ noted, contains 216 acres, more or less. meanders in a southerly direction to US-TVA ment 5—5; Parcel No. 9 Monument 4-41 (Coordinates: N. 1,793,375; N. 88°34' E., 720 feet to US-TVA Monument E. 530,344) ; 5-6; Land lying in Land Lots 186, 187, 188, 189, Leaving the trail, N. 88°44' E., 281 feét, N. 7°43' E„ 335 feet to US-TVA Monument 209, 210, 211, 224, and 225 of District 9, on passing a metal marker in the 1,785-foot con­ 5-7; the northeast shores of Nottely Lake ap­ tour at 264 feet, to a point in the 1,780-foot N. 24° 41' E., 924 feet to US-TVA Monument proximately 3 y2 miles northwest of Blairs- contour on the west shore of an inlet of 5-8; ville, and being all that land which lies above Nottely Lake; N. 7°59' W „ 806 feet to US-TVA Monument the 1,780-foot (MSL) contour and is contigu­ Leaving the United States of America’s 5-9; ous to and on the lakeward side of a line boundary line, N. 21°44' E., 600 feet to the point of described as follows: With the 1,780-foot contour as it meanders beginning. Beginning at a point in the 1,780-foot con­ in a southerly direction to the mouth of the There are hereby expressly EXCEPTED tour on the east shore of the Reece Cree inlet, thence down the lake in a westerly AND EXCLUDED from the land described Embayment of Nottely Lake and to direction and subsequently in a general above as Parcel No. 7 and from this order 11.7 boundary between the lands of the Unitea northerly direction to the mouth of the acres, mere or less, being that portion of the States of America and C. S. Mauney. Chastain Branch Embayment o f the lake, said land whieh lies below elevation 1,785 From the initial point with the Unit and thence up the embayment in a north­ (MSL). States of America’s boundary line, easterly direction to a point in the boundary The land described above as Parcel No. 7, N. 88°35' E.,' 2,210 feet, passing a metal of the United States of America’s land; after giving effect to the exclusion above marker in the 1,785-foot contour at 28 feet, w With the United States of America’s noted, contains 158 acres, more or less. US-TVA Monument 7-15 (Coordinates- ■ boundary line, Parcel No. 8 1,788,240; E. 537,665) at the corner of L*n Leaving the contour, S. 60° 45' E., 348 feet, Lots 174, 175, 186, and 187; passing a metal marker in the 1,785-foot con­ A tract of lafid lying in Land Lots 140, 148, S. 1°03' E„ 1,358 feet to US-TVA Monument tour at 28 feet, to the point of beginning. 149, 150, 151, 176, and 185 of District 9, on Also an island formed by the 1,780-foot the northeast shores of Nottely Lake approxi­ N. 87°33' E., 2,526 feet to US-TVA Monu­ (MSL) contour and lying in Nottely Lake im­ mately 2% miles southeast of Nottely Dam, mediately southeast of the above described ment 7-17; _ and more particularly described as follows: N. 5°28' E., 262 feet to US-TVA Monum ent mainland, the said island having a length of Beginning at US-TVA Monument 7-2 (Co­ approximately 830 feet and an approximate ordinates: N. 1,792,448; E. 539,460) in the 18; 5ue east, 1,757 feet, passing a metal naar maximum width of 620 feet, the center of the boundary of the United States of America’s 1,245 feet, to US-TVA Monument 7-20, island being defined approximately by the land at a corner of the lands of Mrs. Callie coordinates N. 1,792,080 and E. 531,120. King and Grant & Henry Brown. >. 10°18' E., 246 feet to US-TVA Monum There are hereby expressly EXCEPTED AND For the initial point with the United States EXCLUDED from the land described above of America’s boundary line, Friday, May 1, 1959 FEDERAL REGISTER 3469

S. 0“05' E.^ 1,314 feet to US-TVA Monument S. 6°00' E., 40 feet to a metal marker; 329; E. 551,006) in the 1,785-foot contour, to 7-23* S. 89° 00' W., 66 feet, passing a metal the point of beginning. S. 88°42' W., 798 feet to US-TVA Monu­ marker which is at or near the 1,785-foot There áre hereby expressly EXCEPTED AND ment 7-24 at the corner of Land Lots 188, contour at 40 feet, to a point in the 1,780-foot EXCLUDED from the land described above 189,208, and 209; contour on the east shore of an inlet of as Parcel No. 12 and from this order 2.5 S. 0°51' E., 1,674 feet, passing a metal Nottely Lake; acres, more or less, being that portion of marker in the 1,785-foot contour on the Leaving the United States of America’s the said land which lies below elevation north shore of a small inlet at 388 feet, a boundary line, 1,785 (M SL). metal marker in the 1,785-foot contour on With the 1,780-foot contour as it meanders The land described above as Parcel No. 12, the south shore of the small inlet at 561 in a general northerly direction to a point after giving effect to the exclusion above feet, and a metal marker at 1,614 feet, to a on the south side of U.S. Highway 19 and in noted, contains 20.7 acres, more or less. metal marker; * the boundary of the United States of Amer­ S. 1°07' E., 976 feet to US-TVA Monument ica’s land; Parcel No. 13 9-2 at the corner of Land Lots 208, 209, 224, With the United States of America’s Land lying in Land Lots 240, 264, and 265 and 225; boundary line, of District 9, on the east shores of Nottely N. 89° 50' E., 2,366 feet to a stone in the Leaving the contour, N. 4°28' W., 63 feet, Lake, approximately 1% miles west of Blairs­ center line of a road; passing a metal marker in the 1,785-foot con­ ville, the said land being comprised of two With the center line of the road as it tour at 24 feet, to a point (Coordinates: N. separate portions and being more particu­ meanders in a southerly direction to a metal 1,781,044; E. 550,122) in U.S. Highway 19; larly described as follows: marker (Coordinates: N. 1,782,310; E. S. 86°33' E., 35 feet; Portion 1. Beginning at US-TVA Monu­ 545,417); 4 S. 76°30' E., 10 f^et; ment 10-19 (Coordinates: N. 1,777,725; E. Leaving the center line of the road, N. N. 0°48' E., 25 feet, passing a metal marker 553,849) in the boundary of the United States 62°21' E., 71 feet to a stone; in the 1,785-foot contour at 13 feet, to a of America’s land at a corner of the lands of S. 0°24' E., 884 feet, passing a metal marker point in the 1,780-foot contour on the shore the Union Power Company and Olin F. Well­ in the 1,785-foot contour at 840 feet, to a of the previously mentioned inlet of Nottely born. point in the 1,780-foot contour on the west Lake; From the initial point with the United shore of an inlet of Nottely Lake. Leaving the United States of America’s States of America’s boundary line, There are hereby expressly EXCEPTED AND boundary line, S. 88°41' W., 317 feet, crossing U.S. High­ EXCLUDED from the land described above as With the 1,780-foot contour as it meanders way 19, to US-TVA Monument 10-8 at the Parcel No. 9 and from this order 20.1 acres, in a general northerly direction to a point corner of Land Lots 240, 241, 264, and 265; more or less, being those portions of the said at or near a metal marker at a corner in the S. 7°02' E., 455 feet, passing a metal marker land which lie below elevation 1,785 (M S L). boundary of the United States of America’s in the 1,785-foot contour at 428 feet, to a The land described above as Parcel No. 9, land; point in the 1,780-foot contour on the north after giving effect to the exclusion above With the United States of America’s bound­ shore of the Wellborn Creek Embayment of noted, contains 403 acres, more or less. ary line, Nottely Lake; Leaving the contour, S. 84°48' E., 106 feet Leaving the United States of America’s Parcel No. 10 from the last mentioned metal marker, pass­ boundary line, Land lying in Land Lot 243 of District 9, ing a metal marker in the 1,785-foot contour W ith the 1,780-foot contour as it mean­ on the north shore of Nottely Lake, approxi­ at 12 feet, to a metal marker; ders in a westerly direction to the mouth of mately 3 miles northwest of Blairsville, and S. 1°00' E., 23 feet to a metal marker; the Wellborn Creek Embayment and thence being all that land which lies above the S. 86° 24' E., 11 feet to a 12-inch white oak up an inlet of the lake in a northerly direc­ 1,780-foot (MSL) contour and is contiguous tree; tion to a point in the boundary of the United to and on the lakeward side of a line described S. 8 ° 06’ W., 98 feet to the point of be­ States of America’s land; as follows: ginning. With the United States of America’s Beginning at a point in the 1,780-foot con­ There is hereby expressly EXCEPTED AND boundary line, tour on the north shore of Nottely Lake and EXCLUDED from the land described above Leaving the contour, N. 89°01' E., approxi­ in the boundary between the lands of the as Parcel No. 11 and from-this order 0.2 acre, mately 25 feet to the previously mentioned United States of America and Joe and Judge more or less, being those portions of the US-TVA Monument 10-8; Stephens. . said land which lie below elevation 1,785 N. 10°23' W., 58 feet; _From the initial point with the United (MSL). N. 2° 41' W., approximately 120 feet to a states of America’s boundary line, The land described above as Parcel No. 11, point in the 1,780-foot contour on the east N. 89°29' E., 798 feet, passing a metal after giving effect to “the exclusion above shore of the last mentioned inlet; marker in the 1,785-foot contour at 39 feet, noted, contains 0.3 acre, more or less. Leaving the United States of America’s boundary line, a metal marker in the 1,785-foot contour at Parcel No. 12 *3 feet, and a metal marker in the 1,785- With 'the 1,780-foot contour as It mean­ ia>t contour at 380 feet, to a stone (Coordi- A tract of land lying in Land Lots 241 and ders in a general northerly direction to a nf t68’ *»780,390; E. 548,138) at the corner 242 of District 9, on the northeast shores of point in the boundary of the United States ox Land Lots 226, 227, 242, and 243; Nottely Lake, approximately 2 miles north­ of America’s land; ^Wted States of America’s west of Blairsville, and more particularly With the United States of America’s poundary line, described as follows: boundary line, J t *9\29' E-’ 5 feet a Point in the 1,780- Beginning at a metal marker (Coordinates: Leaving the contour, N. 2°41’ W., approxi­ contour on the shore of Nottely Lake. N. 1,778,989; E. 551,360) in the center line mately 60 feet; EYnT TT™Lhereby exPressly EXCEPTED AND of a road and in the boundary of the United N. 39°40' E., 118 feet, passing a metal Parrel from the land described above as States of America’s land at a corner of the marker in the 1,785-foot contour at 3 feet, to mor * N,°' 10 and from this order 0.4 acre, lands of E. S. Davenport and Mrs. Ida Boling. a point in a line 65 feet east of and parallel to the center line of U.S. Highway 19; land those Port ions of the said From the initial point with the United which lie below elevation 1,785 (M SL). States of America’s boundary line, With a line 65 feet east of and parallel to after described above as Parcel No. 10, With the center line of the road as it a 300-foot cubic spiral for a 3-degree curve noted Srl!i+Si effect to the exclusion above meanders in a southeasterly direction, pass­ on the center line of the highway as it curves 0011 tains 0.7 acre, more or less. ing a metal marker (Coordihates: S. 1,778,758; to the right in a southerly direction approxi­ E. 551,573), a metal marker (Coordinates: N. mately 96 feet to a point opposite the S.T. of Parcel No. 11 1,778,514; E. 551,717), and a metal marker the spiral; S. 22°24' E., 139 feet; d4 £ C9 lylnS in Land Lot 227 . (Coordinates: N. 1,778,378; E. 551,779) in the With a line at right angles to the center the north’efi1 east shores of an inlet c 1,785-foot contour, to a point (Coordinates: N. 1,778,315; E. 551,843) In the 1,780-foot con­ line of the highway, N. 67°36' E., 55 feet; 21/2 miles Nottely Lake> approximate tour on the shore of Nottely Lake; With a line 120 feet east Of and parallel to PartlSarlv 0i BlairsrtUe, and m o Beeinni^ described as follows: Leaving the United States of America’s the center line of the highway S. 22° 24' E.t boundary line, 208 feet to the point of beginning. 1>780°984- v KKnno stone (Coordinates: 1 With the 1,780-foot contour as it meanders Portion 2. Beginning at a point in the U.s. H tehM 0’280* on the.north edge < 1,780-foot contour on the west shore of an United stat l 19p and in the boundary of tl in a westerly direction and subsequently In a northeasterly direction to a point (Co­ inlet of Nottely Lake and in the boundary of 0i the lan^ OLAmerica’s iand at a corn, the United States of America’s land from sheridan ®barles S. Sheridan and B. ’ ordinates: N. 1,779,404; E. 550,979) in the center line of the previously mentioned road which US-TVA Monument 10-8 at a corner in the boundary of the above-described Por­ a,"S o i «¡Li?lt!al Point with the Unit« and in the boundary of the United States of America’s land; tion 1 bears N. 89°01' E. at a distance of 216 S.8-?0-lT£^UMarrllM- feet. °n the south f Passing a metal mark, With the United States of America’s bound­ ary line, From the initial point, Ieet to a stone^26 0i U'S* HiShway 19 at 5 With the 1,780-foot contour as it mean­ N- 86°34’ w * 30 + With the center line of the road as it ders in a southerly direction to the mouth 8.17»24' p q , feet to a metal marker; meanders in a southeasterly direction, pass­ •» a feet to a metal marker; of the inlet and thence down the lake in a ing a metal marker (Coordinates: N. 1,779,- northwesterly direction to a point in the 3470 THE PRESIDENT

boundary of the United States of America’s The land described above as Parcel No. 15, contour and is contiguous to and on the land; after giving effect to the exclusion above lakeward side of a line described as follows: With the United . States of America's noted, contains 9.6 acres, more or less. Beginning at a point in the 1,780-foot contour on the west shore of the Coosa Creek boundary line, Parcel No. 16 Leaving the contour, N. 89°01' E., 398 feet, Embayment and in the boundary between passing a metal marker in the 1,785-foot A tract of land lying in Land Lot 301 of the lands of the United States of America contour at 26 fetet and a metal marker in the District 9, on the west shores of Nottely Lake, and Union County. 1.785- foot contour at 376 feet, to the point of approximately- iy2 miles west of Blairsville, From the initial point with the United beginning. and more particularly described as follows: States of America’s "boundary line, There are hereby expressly EXCEPTED Beginning at US-TVA Monument 12-3 (Co­ N. 86°29' W., 307 feet, passing a metal AND EXCLUDED from the land described ordinates: N. 1,769,975; E. 554,914) in the marker in the 1,785-foot contour at 27 feet, above as Parcel .No. 13 and from this order boundary of the United States of America’s to US-TVA Monument 12-1 (Coordinates: 1.6 acres, more or less, being those portions land at a corner of the lands of John C. Corn N. 1,767,959; E. 550,912) at a common corner of the said land which lie below elevation and Mrs. Flora Myers. of the lands of the United States of America, 1.785 (M SL). From the initial point with the United Union County, Neppie Findley, and Frankie The land described above as Parcel No. 13, States of America’s boundary line, Wellborn; after giving effect to the exclusion above N. 8°44' W., 1,845 feet, passing a metal N. 0°11' W., 1,872 feet to US-TVA Monu­ noted, contains 3.3 acres, more or less. marker in the 1,785-foot contour at 1,826 feet, ment 12-2 at the corner of Land Lots 299, 300, 313, and 314; Parcel No. 14 to a point in the 1,780-foot contour on the shore of Nottely Lake; S. 89°04' E., 913 feet, passing a metal A tract of land lying in Land Lot 240 of Leaving the United States of America’s marker in the 1,785-foot contour at 845 feet, District 9, on the northeast side of Nottely boundary line, to a point in the 1,780-foot contour on the Lake, approximately 1 y2 miles northwest of With the 1,780-foot contour as it meanders shore of the Coosa Creek Embayment. Blairsville, and more particularly described in a southeasterly direction to a point in the There are hereby expressly EXCEPTED as follows: boundary of the United States of America’s AND EXCLUDED from the land described Beginning at US-TVA Monument 10-20 land; above as Parcel No. 18 and from this order (Coordinates: N. 1,777,748; E. 554,854) in the With the United States of America’s 2.5 acres, more or less, being those portions boundary of the United States of America’s boundary line, of the said land which lie below elevation land at a corner of the lands of Olin F. Well­ Leaving the contour, S. 76° 16' W., 641 feet, 1,785 (M SL). born and the Union Power Company. passing a metal marker in the 1,785-foot con­ The land described above as Parcel No. 18, From thé initial point with the United tour at 29 feet, to the point of beginning. after giving effect to the exclusion above States of America’s boundary line, There are hereby expressly EXCEPTED noted, contains 34.9 acres, more or less. N. 44°09' E., 761 feet to a stone; AND EXCLUDED from the land described Parcel No. 19 S. 29°21' E., 18 feet to a stone; above as Parcel No. 16 and from this order S. 10°51' W., 146 feet, passing US-TVA 1.3 acres, more or less, being that portion A tract of land lying in Land Lots 227 and Monument 10-23WC at 111 feet, to a point of the said land which lies below elevation 242 of District 9, at the north end of a penin­ in the center line of Wellborn Creek; 1,785 (M SL). sula in Nottely Lake at the mouth of the With the center line of Wellborn Creek as The land described above as Parcel No. 16, Brackett Creek Embayment of the lake, and it meanders downstream in a southwesterly after giving effect to the exclusion above more particularly described as follows: direction; noted, contains 13.8 acres, more or less. Beginning at a stone (Coordinates: N. Leaving the creek, S. 88°41' W., 312 feet, 1,780,402; E. 548,732) in the boundary of the passing US-TVA Monument 10-24WC at 17 Parcel No. 17 United States of America’s land at a corner feet, to the point of beginning. A tract of land lying in Land Lot 300 of to the land of A. M. McAfee. The land described above as Parcel No. 14 District 9, on the south shores of Nottely From the initial point with the United contains 1.7 acres, more or less. Lake, approximately 1% miles west of Blairs­ States of America’s boundary line, S. 24°03' E., .307 feet'to a 2-inch black oak Parcel No. 15 ville, and more particularly described as follows: tree; A tract of land lying in Land Lot 264 of Beginning at US-TVA Monument 11-5 (Co­ S. 38°20' W., 92 feet, passing a metal District 9, on the south shores of Nottely ordinates: N. 1,769,794; E. 553,568) at the marker in the 1,785-foot contour at 75 feet, Lake, approximately 1% miles west of Blairs­ corner of Land Lots 300, 301, 312, and 313 and -to a point in the 1,780-foot contour on the ville, and more particularly described as in the boundary of the United States of northeast shore of the Brackett Creek follows : America’s land at a -corner of the lands of Embayment; Beginning at US-TVA Monument 11-7 Mrs. Flora Myers and John C. Corn. Leaving the United States o f Americas (Coordinates: N. 1,776,328; E. 553,535) in the Fri>m the initial point with the United boundary line, « boundary of the United States of America’s States of America’s boundary line, With the 1,780-foot contour as it meanders land at a corner of the lands of the E. G. N. 89° 19' W., 1,068 feet, passing a metal around the north end of the peninsula to a Wellborn Heirs and C. L. Butt. marker in the 1,785-foot contour at 1,019 point in the boundary of the United States From the initial point with the United feet, to a point in the 1,780-foot contour on of America’s land; , States of America’s boundary line, the east shore of the Coosa Creek Embayment With the United States of America s S. 72°01' W., 1,787 feet to US-TVA Monu­ of Nottely Lake; boundary line, , Leaving the contour, N. 87°06' W., 344 feet, ment 11-8; Leaving the United States of America’s passing a metal marker in the , -foo S. 14°00' E„ 665 feet, passing US-TVA boundary line, 1 785 contour at 25 feet, to the point of beginning. Monument 11-9WC at 655 feet, to a point in With the 1,780-foot contour as it meanders There is hereby expressly EXCEPTED AND the center line of a branch at the head of the down the Coosa Creek Embayment in a EXCLUDED from the land described above 1.785- foot contour at the south end of an northwesterly direction to the mouth of the as Parcel No, 19 and from this order 0.6 acre, inlet of Nottely Lake; embayment and thence dp the lake in a With the center line of the branch as it northeasterly direction to a point in the more or less, being that portion meanders downstream approximately along land which lies below elevation 1,785 boundary of the United States of America’s The land described above as Parcel No. > a bearing and distance of N. 37°35' W., 117 land; * after giving effect to the exclusion a feet to the head of the 1,780-foot contour in With the United States of America’s noted, contains 2.2 acres, more or less. the inlet of Nottely Lake; boundary line, Leaving the United- States of America’s Leaving the contour, S. 0°05' E., 1,190 feet, Parcel No. 20 boundary line. passing a metal marker in the 1,785-foot With the 1,780-foot contour as it meanders contour at 12 feet, to the point of beginning. tract of land lying in Land Lot 242 ol down the inlet in a northerly direction to the There are hereby expressly EXCEPTED ,rict 9, on the southwest shore o mouth of the inlet and thence down the lake AND EXCLUDED from the land described ;kett Creek Embayment of Nottely L in an easterly direction to a point in the above as Parcel No. 17 and from this order he mouth of the embayment, and mor boundary of the United States of America’s 1.5 acres, more or less, being that portion of ;icularly described as follows: land; the said land which lies below elevation 1,785 eginning at a 16-inch cherry tree ( With the United States of America’s (MSL). ites: N 1,779,500; E. 548,157) m the boundary line, The land described above as Parcel No. 17, ndary of the United States of Ame Leaving the contour, due south, 111 feet, after giving effect to the exclusion above l .at a corner to the lapd ° f A. d passing a metal marker in the 1,785-foot con­ noted, contains 20.5 acres, more or less. rom the initial point with the tour at 35 feet, to the point of beginning. ;es of America’s boundary line, Parcel No. 18 There are hereby expressly EXCEPTED 1°13' W., 356 feet, P f ssinf *44 feet, AND EXCLUDED from the land described Land lying in Land Lot 313 of District 9, ker in the 1,785-foot c o n to u r at 344 im above as Parcel No. 15 and from this order on the west shores of the Coosa Creek Em­ l point in the 1 ,780-foot contour 1.4 acres, more or less, being those portions th shore of Nottely Lake immedmteiy bayment of Nottely Lake, approximately 2 , „-r of the Brackett Creea of the said land which lie below elevation miles west of Blairsville, and being all that 1.785 (M SL). land which lies above the 1,780-foot (MSL) Friday, May 1, 1959 FEDERAL REGISTER 3471

Leaving the United States of America’s N. 89° 41' W „ 176 feet to US-TVA Monu­ in the 1,785-foot contour at 10 feet and a boundary line, ment 9-4 at the corner of Land Lots 224, metal marker in the 1,785-foot contour at With the 1,780-foot contour as it meanders 225, 244, and 245; 347 feet, to a point in the 1,780-foot contour up the Brackett Creek Embayment in an S. 88°34' W., 1,091 feet, passing a metal on the shore of Nottely Lake and on the easterly direction to a point in the boundary marker in the 1,785-foot contour on the east northwest side of the peninsula; of the United States of America’s land; shore of an inlet at 315 feet and a metal Leaving the United States of America’s With the United States of America’s marker in the 1,785-foot contour on the boundary line. boundary line, west shore of the inlet at 489 feet, to a metal W ith the 1,780-foot contour as it mean­ Leaving the contour, S. 26*54' W., 139 feet, marker; ders around the peninsula in a northeasterly passing a metal marker in the 1,785-foot S. 88° 19' W., 441 feet to US-TVA Monu­ direction, a southerly direction, and subse­ contour at 20 feet, to a 4-inch mulberry tree; ment 9-6; quently in a westerly direction to the point S. 78°11' W., 376 feet to the point of S. 89° 17' W., 792 feet to US-TVA Monu­ of beginning. beginning. ment 9-7; There are hereby expressly EXCEPTED There is hereby expressly EXCEPTED AND N. 27°46' E., 1,608 feet to a metal marker; AND EXCLUDED from the land described EXCLUDED from the land described above N. 38°22' E., 361 feet, passing a metal above as Parcel No. 24 and from this order as Parcel No. 20 and from this order 0.2 acre, marker in the 1,785-foot contour at 344 feet, 1.4 acres, more or less, being that portion of more or less, being that portion of the said to a point in the 1,780-foot contour on the the said land which lies below elevation 1,785 land which lies below elevation 1,785 (M SL). southwest shore of Nottely Lake. (MSL). The land described above as Parcel No. 20, There are hereby expressly EXCEPTED The land described above as Parcel No. 24, after giving effect to the exclusion above AND EXCLUDED from the land described after giving effect to the exclusion above noted, contains 2.4 acres, more or less. above as Parcel No. 22 and from this order noted, contains 18.7 acres, more or less. 3.1 acres, more or less, being those portions Parcel No. 21 of the said land which lie below elevation Parcel No. 25 A tract of land lying in Land Lot 243 of 1,785 (M SL). A tract of land lying in Land Lot 211 of District 9, on the south shores of Nottely The land described above as Parcel No. 22, District 9, on the south shores of the Young- Lake, approximately 3 miles west of Blairs- after giving effect to the exclusion above cane Creek Embayment of Nottely Lake at ville, and more particularly described as noted, contains 53 acres, more or less. the mouth of the embayment, and more par­ follows: Parcel No. 23 ticularly described as follows: Beginning at a point (Coordinates: N. Beginning at a metal marker (Coordinates: I, 778,103; E, 545,519) in the center line of an A tract of land lying in Land Lots 209, 223, N. 1,784,265; E. 636,070) in the boundary of old road location at a county road and in and 224 of District 9, on the southwest shores the United States of America’s land at a the boundary of the United States of of Nottely Lake, approximately 4% miles west corner of the lands of Pat Haralson and James America’s land at a corner of the lands of of Blairsville, and more particularly described A. Mason. J. A. & J. M. Brackett and J. S. Young. as follows: Prom the initial point with the United From the initial point with the United Beginning at US-TVA Monument 9-10 States of America’s boundary line, States of America’s boundary line, (Coordinates: N. 1,782,508; E. 540,053) in the S. 80° 57' W., 166 feet, passing a metal N. 0°21' E„ 719 feet, passing US-TVA boundary of the United States of America’s marker in the 1,785-foot contour at 157 feet, Monument 10-15WC at 15 féet, to a stone; land at a corner of the lands of Marozy Cagle to a point in the 1,780-foot contour on the N. 0°19' w., 1,368 fèet, passing a metal and the Rena Ballew Heirs. shore of the Youngcane Creek Embayment; marker in the 1,785-foot contour at 1,361 Prom the Initial point with the United Leaving the United States of America’s feet, to a point in the 1,,780-foot contour on States of America’s boundary line, boundary line, the south shore of Nottely Lake; N. 9°45' E., 437 feet to US-TVA Monument With the 1,780-foot contour as it meanders Leaving the United States of America’s 9-11; in a northerly direction and subsequently in boundary line, r" - ~ N. 85°06' E„ 105 feet to US-TVA Monument' a general easterly direction to a point in the With the 1,780-foot contour as i t meanders 9-12 at the corner of Land Lots 209, 210, 223, boundary of the United States of America’s in a general easterly direction to a point and 224; land; 'in the boundary of the United States of N. 0°10' W., 552 feet, passing a metal mark­ With the United States of America’s bound­ America’s land; er in the 1,785-foot contour at 490 feet, to a ary line, With the United States of America’s point in the 1,780-foot contour on the shore Leaving the contour, S. 18°03' E„ 451 feet, boundary line, of Nottely Lake; passing a metal marker in the 1,785-foot con­ Leaving the contour, S. 0°17' E., 1,478 feet, Leaving the United States of America’s tour at 28 feet, to a metal marker; passing a metal marker (Coordinates: N. boundary line, S. 70° 58' W., 150 feet to US-TVA Monu­ 1.779,815; E. 546,782) in the 1,785-foot con- With the 1,780-foot contour as it meanders ment 9—21B; tour at 26 feet and US-TVA Monument in a general southeasterly direction to S' N. 73°01' W., 610 feet to US-TVA Monu­ 14WC at 1,468 feet, to a point in the point in the boundary of the United States ment 9-21 A; center line of an old road; of America’s land; S. 1°38' E., 140 feet to the point of begin­ With the center line of the, old road loca- With the United States of America’s bound­ ning. uon as it meanders in a westerly direction ary line, There are hereby expressly EXCEPTED “ „toe Point of beginning. Leaving the contour, S. 52°32' W., 145 feet, AND EXCLUDED from the land described Aim heret>y expressly EXCEPTED passing a metal marker in the 1,785-foot con­ above as Parcel No. 25 and from this order from the land described tour at 9 feet, to a metal marker; 1.1 acres, more or less, being that portion 88 Parcel No. 21 and from this order N. 84°07' W., 984 feet to the point of be­ of the said land which lies below elevation “ ore °r less, being that portion of ginning. 1.785 (M SL). There are hereby expressly EXCEPTED The land described above as Parcel No. ¿85 (MSL)nd WhiCh UeS bCl0W elevation AND EXCLUDED from the land described 25, after giving effect to the exclusion above described above as Parcel No. 21, above as Parcel No. 23 and from this order 2.2 noted, contains 6.6 acres, more or less. noted e®ec^ the exclusion above acres, more or less, being that portion of the Parcel No. 26 ’ contains 55 acres, more or less. said land which lies below elevation 1,785 Parcel No. 22 (MSL). An island formed by the 1,780-foot (M SL) The land described above as Parcel No. 23, contour and lying in Nottely Lake in Land D iltw n^ng ln Land Lots 224 and 225 o after giving effect to the exclusion above Lots 185, 186, 211, and 212 of District 9 oppo­ site the mouth of the Youngcane Creek ct 9, on the southwest shores of Nottel; noted, contains 9.0 acres, more or less. vilie ’ ^ J ^ n n a te iy 3% miles west of Blairs Embayment of the lake, the said island hav­ ing a length of approximately 2,200 feet and the i 'ran that land which lies abov Parcel No. 24 an approximate maximum width of 1,800 tieuoi’iB +‘foot (MSL) contour and is con A tract of land lying in Land Lots 188 and feet, the center of the island being defined line dec^ ^ and on tbe lakeward side of i 209 of District 9, being that northeast end approximately by the coordinates N. 1,785,- B f, bed 88 follows: - of a peninsula in Nottely Lake at McBee 800 and E. 535,200. tour o n ? a point ln the 1.780-foot con Bend, approximately 4 y2 miles northwest of There are hereby expressly EXCEPTED boundary w h°re of Nottely Lake and in th Blairsville, and more particularly described AND EXCLUDED from the land described States J between the lands of the Unite« as follows: above as Parcel No. 26 and from this order From tv, ®rlca and Emma L. Stephens. Beginning at a point in the 1,780-foot con­ 5.3 acres, more or less, being that portion of States of » initial Point with the Unite« tour on the shore of Nottely Lake on the the said land which lies below elevation S 89l ^ erica’s hnnndary line, southeast side of the peninsula and in the 1.785 (M SL). boundary between the lands of Ihe United The land described above as Parcel No. 26, marker 1,648 feet’ PassinS a meta after giving effect to the exclusion above 627) in L ^ n nateS: N" 1>780,358; E. 544, States of America and T. J. McGlamery. noted, contains 41.5 acres, more or less. metal mai-ir 1,785' fo° t contour at 81 feet, « Prom the initial point with the United 537feet anrt*1 *n tbe l>785-foot contour a States of America’s boundary line, Parcel No. 27 contour’ at. v»V?etaI marker in the 1,785-foo N. 0°10' W., 367 feet, passing a metal Land lying in Land Lots 148, 176, and 177 at 730 feet, to a stone; marker (Coordinates: N. 1,785,284; E. 540,225) of District 9 on the southwest shores of 3472 THE PRESIDENT

Nottely Lake, approximately 2% miles south­ The land described above as Parcel No. 28, Due north, 373 feet to US-TVA Monument east of Nottely Dam, and more particularly after giving effect to the exclusion above 4-21B at a corner of Land Lots 127 and 162 described as follows: noted, contains 16.9 acres, more or less. of District 8; Due west, 745 feet to a metal marker; Beginning at a point (Coordinates: N. Parcel No. 29 1,788,746; E. 530,956) in the 1,780-foot S. 89°30' W., 1,585 feet to US-TVA Monu­ contour on the southwest shore of Nottely Land lying in Land Lots 178 and 183 of ment 3-1 at the-'Corner of Land Lots 127,128, Lake and in the boundary between the lands District 9 on the west shores of the Jack 161, and 162 of District 8; of the United States of America and John H. Creek Embayment of Nottely Lake, approxi­ S. 89°30' W., 774 feet, passing a metal Huggins. mately 2% miles south of Nottely Dam, and marker in 1,785-foot contour at 754 feet, to From the initial point with the United being all that land which lies above the 1,780- a point in the 1,780-foot contour on the east States of America’s boundary line, foot (MSL) contour and is contiguous to and shore of the Low Creek Embayment of Not­ S. 86°33' W., 939 feet, passing a metal on the lakeward side of a line described as tely Lake. marker in the 1,785-foot contour at 50 feet follows: There are hereby expressly EXCEPTED and a metal marker in the 1,785-foot contour Beginning at a point in the 1,780-foot con­ AND EXCLUDED from the land described at 889 feet, to a point in the 1,780-foot tour on the west shore of the Jack Creek above as Parcel No. 30 and from this order contour on the east shore of the Jack Creek Embayment and in the boundary between 16.2 acres, more or less, being those portions Embayment of the lake; the lands of the United States of America and of the said land which lie below elevation Leaving the United States of America’s Moses Holbrooks. 1,785 (M SL). boundary line, From the initial point with the United The land described above as Parcel No. 30, With the 1,780-foot contour as it meanders States of America’s boundary line, after giving effect to the exclusion above in a northerly direction and subsequently in S. §8° 54' W., 58 feet, passing a metal noted, contains 310. acres, more or less. a general easterly direction to the point of marker in the 1,785-foot contour at 20 feet, to Parcel No. 31 beginning. US-TVA Monument 6-2 (Coordinates: N. Also three islands formed by the 1,780-foot 1,786,791; E. 527,273). Land lying in Land Lot 128 of District 8 (MSL) contour and lying in Nottely Lake in N. 1°15' W., 941 feet, passing a metal on the west shores of the Low Creek Embay­ the vicinity of the above described mainland, marker in the 1,785-foot contour at 13 feet, a ment of Nottely Lake, approximately 2 miles the dimensions and the approximate co­ metal marker in the 1,785-foot contour at 296 southwest of Nottely Dam, and being all ordinates of the center of each of the islands feet, US-TVA Monument 6-3 at 456 feet, and that land which lies above the 1,780-foot being defined as follows: a metal marker at 852 feet, to a point in the (MSL) contour and is contiguous to and on (1) An island having a length of approxi­ 1,780-foot contour at the south end of an the lakeward side of a line described as mately 1,800 feet and an approximate maxi­ inlet of Nottely Lake. follows: mum width of 1,300 feet, the coordinates of Also an island formed by the 1,780-foot Beginning at a point in the 1,780-foot the center of the island being approximately (MSL) contour and lying in Nottely Lake contour on the west shore of the Low Creek N. 1,790,000 and E. 530",900. immediately northeast of the above described Embayment and in the boundary between (2) An island having a length of approxi­ mainland, the said island having a length of the lands of the United States of America and mately 690 feet and an approximate maxi­ approximately 1,600 feet and an approximate M. V. Dean. mum width of 300 feet, the coordinates of maximum width of 520 feet,‘the center of the From the initial point with the United the center of the island being approximately island being defined approximately by the States of America’s boundary line, N. 1,790,670 and E. 531,630. coordinates N. 1,789,200 and E. 528,600. S. 89°48' W., 109 feet, passing a metal (3) An island having a length of approxi­ There are hereby expressly EXCEPTED marker in the 1,785-foot contour at 57 feet, mately 1,750 feet and an approximate maxi­ AND EXCLUDED from the land described to US-TVA Monument 3-2 (Coordinates: N. mum width of 720 feet, the coordinates of above as Parcel No. 29 and from this order 1,793,744; E. 518,258) at a common corner of the center of the island being approximately 7.5 acres, more or less, being those portions the lands of the United States of America, N. 1,699,900 and E. 532,400. of the said land which lie below elevation M. V. Dean, and Mary Davenport; There are hereby expressly EXCEPTED 1,785 (M S L ). N. 1°08' W., 1,159 feet, passing a metal AND EXCLUDED from the land described The land described above as Parcel No. 29, marker in the 1,785-foot contour at 297 feet and a metal marker in the 1,785-foot contour above as Parcel No. 27 and from this order after giving effect to the exclusion above 10.5 acres, more or less, being those portions noted, contains 21.2 acres, more or less. at 903 feet, to US-TVA Monument 3-3; of the said land which lie below elevation N. 2°26' W., 269 feet, passing a metal Parcel No. 30 marker in the 1,785-foot contour at 236 feet, 1.785 (M SL). to a point in the 1,780-foot contour on the The land described above as Parcel No. 27, Land lying in Land Lots 126, 127, and 128 south shore of the Camp Creek Embayment after giving effect to the exclusion above of District 8 and in Land Lots 109, 143, 144, noted, contains 39.1 acres, more or less. 145, and 146 of District 9, on the south and of Nottely Lake. ______west shores of Nottely Lake, approximately There is hereby expressly EXCEPTED AND Parcel No. 28 1% miles south of Nottely Dam, and being EXCLUDED from the land described above all that land which lies above the 1,780-foot as Parcel No. 31 and from this order 1.0 acre, A tract of land lying in Land Lot 183 of more or less, being that portion of_the District 9 on the southeast shores of the (MSL) contour and is contiguous to and on the lakeward side of a line described as fol­ land which lies below elevation 1,785 Jack Creek Embayment of Nottely Lake, ap­ The land described above as Parcel No. n, proximately 3 % miles south of Nottely Dam, lows: Beginning at a point in the 1,780-foot con­ after giving effect to the exclusion a o and more particularly described as follows: noted, contains 3.0 acres, more or less. Beginning at US-TVA Monument 6—1 (Co­ tour on the southwest shore of Nottely Lake ordinates: N. 1,786,842; E. 529,946) in the and in the boundary between the lands of Parcel No. 32 the United States of America and Addie A. boundary of the United States of America’s A tract of land lying in Land Lot 126 of land at a corner of the lands of John H. Nicholson. [strict 8 on the west shore of the Ca p Huggins, Nancy Byrd, and Moses Holbrooks. From the initial point with the United reek Embayment of Nottely Lake, a^P From the initial point with the United States of America’s boundary line, ately 1 mile southwest of Nottely Dam, States of America’s boundary line, S. 88°29' W., 613 feet, passing a metal ore particularly described as ftnlows: S. 88° 54' W „ 1,892 feet, passing a metal marker in the 1,785-foot contour at 14 feet, Beginning at a metal marker (Coordinates. marker in the 1,785-foot contour at 1,762 to US-TVA Monument 6-4 (Coordinates: N. . 1,798,283; E. 520,880) in the boundary be feet, to a point in the 1,780-foot contour on 1,790,620; E. 524,582) at the corner of Land veen the lands of the United S a Lots 145, 146, 179, and 180 of District 9; the shore of the Jack Creek Embayment; merica and Isado Thomas. rrnited Leaving the United States of America’s S. 88°29' W., 585 feet to US-TVA Monument From the initial point with the boundary line, 6-5; ;ates of America’s boundary line, . , N. 8°51' E., 137 feet to a metal marker; With the 1,780-foot contour as it meanders N. 0°23' W., 197 feet, passing a “ eta N. 5°47' E., 169 feet to a metal marker; .arker in the 1,785-foot contour at>1701 fee , in a general northeasterly direction to a N. 3°59' E., 187 feet to a metal marker; point in the boundary of the United States > a point in the 1,780-foot contour on t N. 0°56' W., 185 feet to a metal marker; lore of the Camp Creek Embayment, of America’s land; N. 2°26' W., 235 feet to a metal marker; Leaving the United States of America With the United States of America’s N. 2° 07' E., 135 feet to a metal marker; rnndary line, it boundary line, N. 79° 17' E., 188 feet to a metal marker; W ith the 1,780-foot contour as ^ N. 75°58' E., '268 feet to a metal marker; Leaving the contour, S. 0°55' W., 1,035 leanders in a general ^ J ^ ta te s feet, passing a metal marker in the 1,785- N. 36°52' E., 55 feet to a metal marker; point in the boundary of the United N. 17° 15' E., 169 feet to a metal marker; foot contour at 48 feet, to the point of : America’s land; «Erica's N. 13°30' E., 129 feet to a metal marker; With the United States of A beginning. N. 0°37' E., 1,262 feet, passing a metal There are hereby expressly EXCEPTED marker in the center line of a trail at 980 feet, Dundary line, ___ __ oa1 feet, AND EXCLUDED from the land described to US-TVA Monument 4-20 at the corner of Leaving the contourv N. 0 23 g_foot issing a metal marker in the 1 , ^ above as Parcel No. 28 and from this order Land Lots 143, 144, 145, and 146 of District 9; 1.8 acres, more or less, being that portion S. 89°47' W., 2,632 feet to US-TVA Monu­ »tou r at 27 feet, to of the said land which lies below elevation ment 4-21 at a corner of Land Lots 144 and There Is hereby expressly 1.785 (M SL). 145 of District 9; Friday, May 1, 1959 FEDERAL REGISTER 3473 as Parcel No. 32 and from this order 0.5 acre, N. 89°32' W., 777 feet, passing a metal west shore of an inlet of the Hog Creek Em­ more or less, being that portion of the said marker in the 1,933-foot contour on the east bayment of Chatuge Lake. land which lies below elevation 1,785 (M S L ). shore of the Burch Branch Inlet of Chatuge There are hereby expressly EXCEPTED AND The land described above as Parcel No. 32, Lake at 254 feet and a metal marker in the EXCLUDED from the land described above as after giving effect to the exclusion above 1,933-foot contour on the west shore of the Parcel No. 2 and from this order 6.1 acres, noted, contains 0.7 acre, more or less. inlet at 712 feet, to a point in the center line more or less, being those portions of the said of State Highway 288; land which lie below elevation 1,933 (M SL). T ract No. XTCHR-2 With the center line of State Highway 288 The land described above as Parcel No. 2, A-tract of land lying in Towns County, as it meanders in a northerly direction ap­ after giving effect to the exclusion above State of Georgia, in Land Lots 50, 51, and proximately along the following bearings and noted, contains 45.0 acres, more or less. distances: N. 2°57' E., 382 feet, N. 0°53' E., 52 of District 17, Section 1, on the south side N ote: The positions of corners and direc­ of the Long Bullet Creek Embayment of 385 feet, and due north 44 feet; tions of lines are referred to the Georgia Chatuge Lake, approximately 3 miles north­ Leaving the highway, N. 89°30' E., 455 feet, (West) Coordinate System. The contour west of Hiawassee, and more particularly passing US-TVA Monument 10-21WC at 16 elevation is based on MSL Datum as estab­ described as follows: feet and a metal marker in the 1,933-foot lished by the USC&GS Southeastern Supple­ Beginning at a stone (Coordinates: N. contour on the west shore of the Burch mentary Adjustment of 1936. The boundary 1,806,564; E. 605,474) at the corner of Land Branch Inlet at 402 feet, to US-TVA Monu­ markers designated “US-TVA Monument’’ Lots 50, 51, 58, and 59 and in the boundary ment 10-22; are concrete monuments capped by bronze of the United States of 'America’s land at a N. 2°00' E., 543 feet, passing a metal marker tablets imprinted with the given numbers. corner of the lands of W. C. Cloer and D. H. in the 1,933-foot contour at 255 feet, to a metal marker; Nichols. 2. There is hereby included in and re­ From the initial point with the United N. 89° 50' W., 506 feet, passing US-TVA served as parts of the Nantahala N a­ States of America’s boundary line, Monument 10-24A at 492 feet, to a point at tional Forest, the following-described N.0°40' E., 520 feet to a stone; State Highway 288; lands, such inclusion and reservation to N. 1°56' E„ 89 feet to US-TVA Monument N. 89°11' W., 200 feet to a metal marker; be in accordance with and subject to all Leaving the United States of America’s 10^5; S. 89°40' E., 561 feet, passing a stone and the provisions and conditions of the. two boundary line, above-mentioned agreements of Septem­ N. 0°16' E., 471 feet to a point in the center a metal maker at 15 feet and a metal marker line of U.S. Highway 76; in the 1,933-foot contour at 533 feet, to a ber 18,1958, between the Tennessee Val­ With the center line of U.S. Highway 76 as point in the 1,928-foot contour on the west ley Authority and the United States it meanders in an easterly direction approx­ shore of the Burch Branch Inlet of Chatuge Department of Agriculture: Lake. imately 2,760 feet to a point in the boundary T ract XTFBDR-1 of the United States of America’s land from Also two islands formed by the 1,928-foot which a metal marker bears N. 0°26' W. at contour and lying in Chatuge Lake in the A strip of land located in the Eighth Civil a distance of 34 feet; vicinity of the above described mainland, District of Cherokee County, State of North the dimensions and the approximate coordi­ With the United States of America’s Carolina, on the Hiwassee Dam Access Road, boundary line, nates of the center of each of the islands approximately 1 y2 miles southwest of Hi­ Leaving the highway, S. 0°26' E., 892 feet being defined as follows: wassee Dam, the strip being 125 feet wide, to a stone; (1) An island having a length of approxi­ lying south of and adjacent to the center line S. 89°35x W., 409 feet to a metal marker at mately 620 feet and an approximate maxi­ of the access road, the center line of the road the comer of Land Lots 51, 52, 57, and 58; mum width of 350 feet, the coordinates of and the end boundaries of the strip being N. 89°19' W., 334 feet to a stone; the center of the island being approxi­ described as follows: S. 89°24' W., 288 feet to a stone; mately N. 1,804,300 and E. 618,450. Beginning at a point on a 9 degree curve S. 89°47' W., 273 feet to a stone; (2) An island having a length of approxi­ on the center line of the access road at sur­ Due west, 290 feet to a stone; mately 400 feet and an approximate maxi­ vey station 539, +13.8 from which US-TVA S. 88° 15' W., 131 feet to a metal marker; mum width of 190 feet, the coordinates of Monument 56-4 (Coordinates: N. 542,864; E. S. 89°28' W., 426 feet to a metal marker; the center of the island being approximately 449,320) at a corner in the boundary between N. 1,801,160 and E. 619,240. N. 86°00' W., 387 feet to the point of the lands of the United States of America beginning. There are hereby expressly EXCEPTED and Fulbar Nelson bears S. 25°23' E. at a The land as described above contains 64 AND EXCLUDED from the land described distance of 125 feet, the strip being bounded acres, more or less. above as Parcel No*. 1 and from this order on the northeast end by the line extending 21.0 acres, more or less, being those portions on a bearing of S. 25°23' E. through the said T ract No. XTCHR-3 of the said land which lie below elevation survey station; thence with the curve as it 1,933 (M SL). curves to the right in a westerly direction, Land lying in Towns County, State of The land described above as Parcel No. 1, 332.8 feet to survey station 535, +81.0 where Georgia, in Land Lots 90 and 91 o f District 17 after giving effect to the exclusion above the strip terminates and becomes bounded on and Land Lots 75, 76, 77, 78, 113, 114, and noted, contains ¡276 acres, more or less. ,the west end by a line extending on a bearing 116 of District 18, Section 1, on the west Parcel No. 2 of S. 5°13' W. through the said survey sta­ shores of Chatuge Lake opposite Hiawassee, tion, said line b.eing radial to the curve on the the said land being comprised of two parcels All that land which lies above the 1,928- center line. and being more particularly described as foot (MSL) contour and is contiguous to The above described strip of land contains follows: and on the lakeward side of a line described 1.0 acre, more or less. Parcel No. 1 as follows: Beginning at a point in the 1,928-foot con­ T ract No. XTCHR-1 > f ¡ P tlmt land which lies above the 1,928' tour on the north shore of the Hog Creek Land lying in the Hiwassee Township of oot (MSL) contour and is contiguous to ant Embayment of Chatuge Lake, in the center Clay County, State of North Carolina, on n the lakeward side of a line described a* line of State Highway 288 at the north end follows: the east shores of Chatuge Lake opposite of a bridge across the embayment, and in the Chatuge Dam, the said land being com­ Beginning at a point in the 1,928-foot con. boundary between the lands of the United prised of two parcels and being more par­ . '°n the west shore of Chatuge Lake ant States of America and the Trustees of the ticularly described as follows: * boundary between the lands Of th< Union Hill Methodist Church. united States of America and R. F. Weeks. From the initial point with the United Parcel No. 1 initial Point with the Unitet States of America’s boundary line, All that land which lies above the 1,928- states of America’s boundary line, N. 2°32' E., 205 feet, passing a metal foot (MSL) contour and is contiguous to and mart-,, « 207 fe^t, passing a meta marker at 11 feet, to a stone and US-TVA on the lakeward side o f a line described as „r/n tbe 1,933-foot contour at 125 feet Monument 10-26; follows: N i lo o ii? white oak stump (Coordinates S. 89°27' W „ 209 feet to US-TVA Monu­ Beginning at a metal marker in the 1,928- n ’7«8®182; E- 619>855); ment 10-27 (Coordinates: N. 1,801,171; E. foot contour on the south shore of the Shoot­ at 17> 9 *eet to a twin red oak tre< 614,691); ing Creek Embayment of Chatuge Lake and wit top of a ridge; N. 33°41' E., 18 feet to a stone and a metal in the boundary of the United States of a nnrtv,«!?,6 toP of the ridge as it meanders ir marker; America’s land, bearin»6 ^ d iction approximately along s N. 6°30' E., 265 feet to a 4-inch pine tree From the initial point with the United to a stone^ distance of N- 5°43' w -< 402 fee and a metal marker; States of America’s boundary line, N. 25°40' W., 259 feet to a stone; S. 1 °32' W7, 256 feet, passing a metal marker a J E S fS S r ridge’ N- 89 °16' W ’ 776 feet t( N. 19° 00' W., 194 feet to a stone; in the 1,933-foot contour at 76 feet, to US- 115 corner of Land Lots 118, 114 N. 2°44' E., 294 feet to a 14-inch oak tree; TVA Monument 4-4 (Coordinates: N. 490,928; N r^ . 16 of District 18; N. 88°39' E„ 127 feet to a stone; E. 577,342) in the said boundary line at a ment KM6-W" 1,365 ieet to us-’rVA M on* N. 1°27' W., 434 feet to a stone; corner of the lands of A. M. Hollifield et ux S. 86°21' E., 229 feet, passing a metal and Otis Eller et ux; 10—17? 82 ieet to US-TVA Monumen marker in the 1,933-foot contour at 181 feet, S. 82° 14' W., 222 feet to US-TVA Monu­ to a point in the 1,928-foot contour on the ment 4-5; No. 85---- -2 3474 THE PRESIDENT

N. 88*52' W., 1,310 feet to a 14-inch oak mum width of 240 feet, the coordinates of proved June 6, 1934 (48 Stat. 881; 15 tree; the center of the island being approximately U.S.C. 78a-78jj), as amended, or in N. 1*12' E., 191 feet to a stone; Ni 493,520 and E. 576,340. complying with directives or recom­ (2) An island having a length of approxi­ N. 87° 59' W., 199 feet to a stone; mendations of the Bureau of the Budget N. 7° 01' E., 973 feet, passing a metal marker mately 500 feet and an approximate maxi­ in the 1,933-foot contour on the south shore mum width of 240 feet, the coordinates of pursuant to section 103 of the Budget of a small inlet at 120 feet and a metal the center of the island being approximately and Accounting Procedures Act of 1950, marker in the 1,933-foot contour on the N. 490,960 and E. 569,160. approved September 12, 1950 (64 Stat. north shore of the inlet at 448 feet, to a metal There are hereby expressly EXCEPTED 834 ; 31 U.S.C. 18b), relating to the devel­ marker in the center line of a road; AND EXCLUDED from the land described opment of programs for preparing With the center line of the road as it above as Parcel No. 1 and from the operation statistical information by Executive of this order 87 acres, more or less, being meanders in a westerly direction approxi­ agencies. Such inspection shall be in mately along the following bearings and those portions of the land which lie below distances: S. 66°33' W., 774 feet to a metal elevation 1,933 (M SL). accordance and upon compliance with marker, S. 79° 43' W., 286 feet to US-TVA The land described above as Parcel No. 1, the rules and regulations prescribed by Monument 4—31, and S. 80°30' W., 285 feet after giving effect to the exclusion above the Secretary of the Treasury in the two to US-TVA Monument 4-32; noted, contains 693 acres, more or less. Treasury decisions,1 relating to the in­ Leaving the road, S. 10°18' E., 11 feet to a Parcel No. 2 spection of certain „transcript cards and stone; income tax returns by the Securities and S. 15*28' E., 458 feet to US-TVA Monu­ An island formed by the 1,928-foot (MSL) Exchange Commission, approved by me contour and lying in Chatuge Lake opposite ment 6-3; this date. S. 16°09' E., 198 feet to a metal marker; Chatuge Dam, such island having a length of S. 15*30' E., 333 feet to a metal marker; approximately 3,050 feet and an approximate This order shall be effective upon its S. 15°36' E., 205 feet to an 8-inch persim­ maximum width of 1,870 feet, the coordinates filing for publication in the Federal mon tree; of the center of the island being approxi­ R egister. S .'24*51' E., 164 feet to a metal marker; mately N. 494,450 and E. 569,400. D w ig h t D. E isenhower S. 45*44' W., 583 feet, passing a metal There are hereby expressly EXCEPTED marker in the 1,933-foot contour on the east AND EXCLUDED from the island described T he W h ite H o use, shore of the Blue Branch Embayment at 462 above as Parcel No. 2 and from the operation April 29, 1959. feet and a metal marker at 571 feet, to a of this order 7.0 acres, more or less, being point in the center line of a road; that portion of the island which lies below [F.R. Doc. 59-3747; Filed, Apr. 29, 1959; W ith the center line of the road S. 50*44' elevation 1,933 (MSL). 4:40 p.m.] E., 123 feet, passing US-TVA Monument 6- The island described above as Parcel No. 8A at 42 feet, to a metal marker in the 1,933- 2, after giving effect to the exclusion above foot contour on the shore of the Blue Branch noted, contains 44.0 acres, more or less. Embayment; N ote: The positions of comers and direc­ Continuing with the center line of the road tions of lines are referred to the North Caro­ Executive Order 10815 as it curves to the right in a southerly di­ lina Coordinate System. The contour ele­ rection approximately along a bearing and vation is based on MSL Datum as established INSPECTION OF INCOME, EXCESS- distance of S. 6*41' E., 379 feet to US-TVA by the USC&GS Southeastern Supplementary Monument 6-30; Adjustment of 1936. The boundary markets PROFITS, ESTATE, AND GIFT TAX Leaving the road, S. 69*09' W., 202 feet to designated “US-TVA Monument” are con­ RETURNS BY THE COMMITTEE ON a stump; S. 18*22' W., 251 feet to a stone; crete monuments capped by bronze tablets UN-AMERICAN ACTIVITIES, HOUSE N. 72*31' W., 882 feet, passing a metal imprinted with the given numbers. marker in the 1,933-foot contour on the east OF REPRESENTATIVES D w ig h t D. E isen h o w er shore of the Blue Brandh Embayment at 194 By virtue of the authority vested in me feet and a metal marker in the 1,933-foot T he W h ite H o use, by sections 55(a), 508, and 729(a) of the contour on the west shore of the embayment April 29, 1959. at 534 feet, to a metal marker; Internal Revenue Code of 1939 (53 Stat. Due South, 741 feet to a stone; [F.R. Doc. 59-3749; Piled, Apr. 29, 1959; 29, 111; 54 Stat. 989,’ 1008; 26 U.S.C. 55 N. 84*53' W., 213 feet to a metal marker; 4:40 p.m.] (a), 508, and 729(a)), and by section N. 60*30' W., 471 feet to a Stone; 6103(a) of the Internal Revenue Code of N. 1*38' W., 352 feet to a stone; 1954 (68A Stat. 753; 26 U.S.C. 6103(a)), N. 1*19' W., 392 feet to a metal marker; it is hereby ordered that any income, S. 70*46' W'., 137 feet to a 10-inch apple tree; excess-profits, estate, or gift tax return N. 77*00' W., 498 feet to a metal*marker; Executive Order 10814 for the years 1945 to 1959, inclusive, S. 4*30' W., 763 feet to a stone; shall, during the Eighty-sixth Congress, S. 11*13' W., 282 feet, passing US-TVA INSPECTION OF STATISTICAL TRAN­ be open to inspection by the Committee Monument 6-41A at 242 feet, to a 10-inch SCRIPT CARDS AND CORPORATION on Un-American Activities, House of black oak tree; AND INDIVIDUAL INCOME TAX Representatives, or any duly authorized S. 8*05' W., 475 feet to a stone; RETURNS BY THE SECURITIES AND subcommittee thereof, for the purpose of S. 8*09' W., 536 feet to a stone pile; carrying on those investigations author­ S. 80*28' E., 1,051 feet to a 14-inch post EXCHANGE COMMISSION ized by clause XI of Rule X I of the Rules S. 12*02' W., 346 feet to US-TVA Monu­ By virtue of the authority vested in me of the House of Representatives, agreed ment 6-19 in the center line of an old road; by section 55(a) of the Internal Revenue to January 7, 1959, such inspection to be With the center line of an old road as it Code of 1939 (53 Stat. 29; 54 Stat. in accordance and upon compliance with meanders in a southwesterly direction ap­ 1008; 55 Stat. 722; 26 U.S.C. 55(a)) and the rules and regulations prescribed by proximately along the following bearings and the Secretary of the Treasury in Treas­ distances: S. 29*02' W., 1,133 feet to US-TVA by section 6103(a) of the Internal Monument 6-20 and S. 35*52' W., 102 feet to Revenue Code of 1954 (68A Stat. 753; 26 ury Decisions 6132 and 6133, relating to US-TVA Monument 6-21; U.S.C. 6103(a)), and in the interest of the inspection of returns by committees Leaving the old road, S. 83*59' E., 366 feet the internal management of the Govern­ of the Congress, approved by me on May to US-TVA Monument 6-22 (Coordinates: N. ment, it is hereby ordered that statistical 3 1955. 486,116; E. 572,672); transcript cards prepared by the Internal This order shall be effective upon its S. 83*09' E., 281 feet, passing a metal Revenue Service from income tax re­ marker in the 1,933-foot contour at 75 feet, filing for publication in the Federal turns of corporations made for taxable to a metal marker in the 1,928-foot contour R egister. on the shore o f the Sneaking Creek Embay­ years ending after December 31, 1952, D w ig h t D. Eisenhower ment of Chatuge Lake. and corporate and individual income tax Also two islands formed by the 1,928-foot returns made for taxable years ending T he W hite H ouse, contour and lying in Chatuge Lake in the after December 31, 1956, shall be open April 29, 1959. vicinity of the above-described mainland, the to inspection by the Securities and Ex­ [F.R. Doc. 59-3748; Filed, Apr. 29. 1959, dimensions and the approximate coordinates change Commission as may be needed of the center of each of the islands being 4:40 p.m.] defined as follows: in gathering statistical information in (1) An island having a length of approxi­ carrying out its functions under the 1 See Title 26, Chapter I, Part 458 and Title mately 360 feet and an approximate maxi­ Securities Exchange Act of 1934, ap­ 26 (1954), Chapter I, Part 301, infra. Friday, May 1, 1959 FEDERAL REGISTER 3475

RULES AND REGULATIONS

Virginia— Continued spect to the 1959 Cotton Loan Program Title 5— ADMINISTRATIVE 'Average Average of Commodity Credit Corporation (here­ County value County value inafter referred to as “CCC”) formu­ PERSONNEL Bland ;__ _ $30, 000 Middlesex_ $25, 000 lated by CCC and the Commodity Stabi­ Chapter III— Foreign and Territorial Botetourt __ 30,000 Mont- lization Service (hereinafter referred to Brunswick _ 30,000 gom ery __ 37,500 as “CSS”). Loans will be made avail­ Compensation Buchanan _ 18,000 Nansemond- 22,000 able on upland cotton produced in 1959 [Departmental Reg. 108.398] Bucking- Nelson_____ 25,000 ham ____ 25, 000 New Kent__ 30,000 on farms for which the operator elected PART 325— ADDITIONAL COMPEN­ Campbell __ 27, 000 Norfolk ____ 22,000 the Choice (B ) allotment and on extra SATION IN FOREIGN AREAS C aroline___ 25,000 Northamp- long staple cotton produced in 1959 in C a rr o ll____ 35,000 to n ______25,000 accordance with this, bulletin. The re­ Designation of Differential Posts Charles Northum- quirements with respect to the Cotton C it y ------30,000 berland __ 25,000 Purchase Program for cotton produced C harlotte__ Section 325.15, Designation of differen­ 30,000 Nottoway__ 30, 000 on farms for which the operator elected tial posts, is amended as follows, effective Chesterfield- 30, 000 Orange ____ 30,000 Clarke _ _ 35, 000 P a g e ______30,000 the Choice (A ) allotment are contained as of the beginning of the first pay period in 1959 Cotton Bulletin 2. following May 2, 1959: C raig______25,000 Patrick ____ 35,000 C u lp ep er__ 30,000 Pittsylvania. 30,000 Sec. 1. Paragraph (b) is amended by the Cumber- Powhatan __ 25, 000 deletion of the following: 427.1001 Administration. land ___ 25,000 Prince 427.1002 Availability of loans. Amman, Jordan. Dickenson _ 18, 000 Edward __ 30,000 427.1003 Approved lending agency. Dinwiddie _ 30, 000 Prince 427.1004 Producer. 2. Paragraph (c) is amended by the Essex ______25,000 G e o r g e __ 30,000 427.1005 Eligible producer. addition of the following: F a irfa x ___ _ 30,000 Princess 427.1006 Eligible cotton. F a u q u ier__ 40, 000 A n n e ____ Amman, Jordan. 22,000 427.1007 Forms. F lo y d _____ 35,000 Prince -- 427.1008 Approved storage. (Secs. 102, 401, E.O. 10000, 13 F.R. 5453, 3 CFR, Fluvanna __ 25, 000 William _ 30,000 427.1009 Weight and rate. 1948 Supp., E.O. 10623, E.O. 10636, 20 F.R. Franklin___ 25,000 P u laski____ 37, 500 427.1010 Preparation of documents. 5297, 7025, 3 CFR, 1955 Supp.) ' Frederick__ 40, 000 Rappahan- 427.1011 Service charges. Giles 35,000 n o c k ____ 30, 000 427.1012 Fees. Washington, D.C., April 16, 1959. Gloucester _■ 25,000 Richmond _ 25,000 427.1013 Liens. For the Acting Secretary of State. Gopchland _ 35,000 Roanoke ___ 25,000 427.1014 Setoffs. G rayson__ 35,000 Rock- 427.1015 Classification of cotton. W . K . S cott, Greene ____ 25,000 bridge__- 30,000 427.1016 Interest rate. Assistant Secretary. Greensville- 30,000 Rocking- 427.1017 Maturity. H a lifa x ____ „ 22,000 h am _____ 35,000 427.1018 Warehouse receipts and insurance. [F.R. Doc. 59-3699; Filed, Apr. 30, 1959; H an over__- 35,000 R u ssell____ 35,000 427.1019 Warehouse charges. 8:49 a.m.] H e n r ic o ___ 25,000 Scott 30, 000 427.1020 Loans on order bills of lading. H e n r y _____ 25,000 Shenan- 427.1021 Loans on cotton to be reconcen­ H igh lan d __ 30,000 d o a h ____ 30,000 trated. Isle of S m yth_____ 35, 000 427.1022 Advance loans. Title 6— AGRICULTURAL ' W ig h t-'-- 22,000 Southamp- •427.1023 Tender of notes by lending agen­ James City _ 35,000 to n ______22,000 cies. CREDIT King and Spotsyl- 427.1024 Loss or damage to pledged cotton. Q ueen___ 25, 000 van ia____ 25,000 427.1025 Transfer of producer’s interest. Chapter III— Farmers Home Adminis­ King S ta ffo rd ___ 25,000 427.1026 Repayments by producer. tration, Department of Agriculture G e o rg e __ ' 25, 000 Surry 22,000 427.1027 Cotton cooperative marketing as­ King Sussex _____ 22,000 sociation loans. William _ 25, 000 Tazew ell___ 35,000 SUBCHAPTER B— FARM OWNERSHIP LOANS 427.1028 Custodial offices. Lancaster__ 25,000 W arren____ 30, 000 427.1029 Schedule of premiums and dis­ [FHA Instruction 428.1] L e e ______35,000 Washing- counts for upland cotton (basis Loudoun___ 40,000 to n ______35, 000 1-inch Middling), and loan rates PART 331— POLICIES AND Louisa_____ 25,000 Westmore- for extra long staple cotton. AUTHORITIES Lunenburg _ 22,000 land _____ 25,000 M adison___ 30,000 W is e ______20,000 Au tho rity: §§ 427.1001 to 427.1029 issued Average Values of Farms; Virginia Mathews___ 25, 000 W yth e_____ 35,000 under sec. 4, 62 Stat. 4070, as amended; 15 Mecklen- York _ 35,000 U.S.C. 714b. Interpret Or apply sec. 5, 62 Stat. On April 17, 1959, for the purposes oJ b u r g ____ 22, 000 1072, secs. 101, 102, 401, <63 Stat. 1051, as Ten + Bankhead-Jones Farm amended; 15 U.S.C. 714c, 7 U.S.C. 1441, 1443, (Sec. 41, 50 Stat. 528, as amended; 7 U.S.C. 1421. nant Act, as amended, average values 1015) ment Cle-n^ fan*ily-type farm-manage- § 427.1001 Administration. ment units for the counties of Elizabeth Dated: April 27,1959. Under the general direction and super­ aviv.ana Warwick were revoked and the K . H. H a n s e n , vision of the Executive Vice President, farnf86 values of efficient family-type Administrator, CCC, the Cotton Division and other ap­ ren^'n^anagement units for 48 Of the Farmers Home Administration. propriate divisions of CSS will carry out were!i!ing 97 coun^ies identified below [F.R. Doc. 59-3702; Filed, Apr. 30, 1959; The ^e^ermmed to be as herein set forth 8:50 a.m.] the provisions of this subpart. In the field, the program will be administered lishert 7erage values heretofore estab- in counties, which appeal through the vNew Orleans CSS Com­ Chapter IV— Commodity Stabilization modity Office, 120 Marais Street, New under s qoi Viations of average values Orleans 16, Louisiana (referred to in this Code nf w V 7, Chapter III, Title 6 of the Service and Commodity Credit Cor­ subpart as the “New Orleans office”) , and superserir^dv5al Peculations, are herebj poration, Department of Agriculture Agricultural Stabilization and Conserva­ forth heind Py average values set bel°w for said counties. SUBCHAPTER B— LOANS, PURCHASES, AND tion (referred to in this subpart as OTHER OPERATIONS “ASC”) State and county committees Virginia [1959 CCC Cotton Bulletin 1] (referred to in this subpart as “State PART 427— COTTON committees” and “county committees,” County respectively). Forms will be distributed Appomat­ 000 Subpart— 1959 Cotton Loan Program by the New Orleans office and will be tox ______Regulations Amelia 30,000 A u gu sta___ available at county ASC offices (referred 30, 000 B a t h ______This bulletin contains the regulations, to in this subpart as “county offices” ) AmUerst~II_ 25, 000 B e d fo rd ___ instructions, and requirements with re­ and at approved lending agencies, ap- 3476 RULES AND REGULATIONS proved warehouses, and others desig­ ton Form D) with CCC. Banks and legal right to do so, and in such cases the nated to participate in the loan program. other agencies desiring to enter into share tenants or sharecroppers must be State and county committees and the Lending Agency Agreements should paid their pro rata share of the loan pro­ New Orleans office do not have authority make application to the New Orleans ceeds and their pro rata share of any to modify or waive any of the provisions office, which will enter into such agree­ additional proceeds received from the of this subpart or any amendments or ments on behalf of CCC. cotton. In no case shall a share tenant or sharecropper obtain a loan individ­ supplements hereto. § 427.1004 Producer. ually on cotton in which a landlord has § 427.1002 Availability of loans. A producer shall be any individual, an interest. (a) Loans. Loans will be available to partnership, corporation, association, § 427.1006 Eligible cotton. eligible producers on eligible cotton and trust, estate, or other legal entity, or a will be made available through ware­ State or political subdivision thereof, or Eligible cotton shall be Choice (B) up­ house and bill of lading loans. an agency of such State or political sub­ land cotton produced in the United (b) Area. Loans on cotton covered by division, producing eligible upland or States in 1959 or extra long staple cotton bills of lading will be available in areas extra long staple cotton in the capacity planted in 1959 and produced in areas specified by the New Orleans office where of landowner, landlord, tenant, or share­ designated under § 427.1002, which meets there is a shortage of storage space and cropper. the following requirements: the necessary arrangements for han­ § 427.1005 Eligible producer. (a) Upland cotton must have been dling the cotton can be made. W are­ produced on a farm for which the farm house loans will be available on: A producer will be entitled to a loan operator elected the Choice (B) allot­ (1) Upland cotton produced on Choice on eligible Choice (B ) upland cotton or ment and on which the acreage planted (B) farms in all cotton-producing areas extra long staple cotton produced by or to such cotton is in compliance with such of the continental United States. for him in 1959 on a farm (as defined for allotment, and extra long staple cotton (2) Extra long staple cotton produced purposes of cotton marketing quotas) for must have been produced on a farm on in areas designated in this subparagraph. which a 1959 acreage allotment for such which the acreage planted to such cot­ (i) American-Egyptian cotton pro­ kind of cotton has been determined ton is in compliance with the allotment. duced in Cochise, Graham, Greenlee, under Title III of the Agricultural Ad­ (b) Such cotton must be of a grade Maricopa, Mohave, Pima, Pinal, Santa justment Act of 1938, as amended and and staple length specified in § 427.1029. Cruz, and Yuma Counties, Arizona; Im ­ supplemented, if ail of the following (c) Such cotton must not be false- perial and Riverside Counties, Califor­ requirements are met: packed, water-packed, mixed-packed, nia; Dona Ana, Eddy, Luna, Otero, and (a) In the case of Choice (B ) upland reginned, or repacked; upland cotton Sierra Counties, New Mexico; and Brew- cotton, the operator of the farm has must not have been reduced in grade or * ster, Culberson, El Paso, Hudspeth, Jeff elected the Choice (B ) cotton acreage staple for any reason, except that any Davis, Loving, Pecos, Presidio, Reeves, allotment, in accordance with the Acre­ such cotton which is reduced not more and W ard Counties, Texas, at the rates age Allotment Regulations for the 1959 than two grades because of preparation shown in § 427.1029. Crop of Upland Cotton (23 F.R. 8385 and will be eligible; extra long staple cotton (ii) Sea Island and Sealand cotton any amendments or supplements there­ must have been ginned on a roller gin, produced in Berrien, Cook, and Lanier of) , and the 1959 planted acreage (as de­ shall be of normal character, and must Counties, Georgia; and Alachua, Brad­ termined for purposes of cotton market­ not have been reduced in grade or staple ford, Columbia, Hamilton, Jefferson, ing quotas) of upland cotton on the farm for any reason. Lake, Levy, Madison, Marion, Orange, does not exceed the 1959 Choice (B ) up­ (d ) Such cotton must be in existence Putnam, Seminole, Sumter, Suwannee, land cotton acreage allotment for the and in good condition. Union, and Volusia Counties, Florida; . farm. In the case of extra long staple (e) Such cotton must not be com­ and Sea Island cotton produced from cotton, the 1959 planted acreage (as de­ pressed to high density. seed planted in 1959 in Puerto Rico at termined for purposes of cotton market­ (f) Such cotton must have been pro­ the rates shown in § 427.1029. ing quotas) of extra long staple cotton duced by the person tendering it for i (c) Time. Loans will be available on the farm does not excéed the 1959 loan, and such person must have the from the date rates are announced extra long staple cotton allotment for legal right to pledge or mortgage it as a through April 30, 1960. Note and Loan the farm. For the purpose of determin­ security for a loan. Agreements covering warehouse-stored ing eligibility for a loan, the Choice (B ) (g) Such cotton must not have been cotton must be signed by the producer upland or extra long staple cotton acre­ produced on any newly irrigated or and delivered to the lending agency on age on the farm will not be deemed to drained land (unless such land was or before such date or postmarked not be in excess of the acreage allotment for used for the production of cotton prior later than April 30, 1960, if tendered for such cotton unless such acreage allot­ to May 28, 1956) within any Federal direct loans to the New Orleans office by ment for such kind of cotton is knowingly irrigation or drainage project (as defined mail. exceeded. If the producer operating the in section 211 of the Agricultural Act of (d) Source. Loans will be available farm is notified that such acreage allot­ 1956) or on land reclaimed by a flood- from approved lending agencies or from ment has been exceeded and the planted control project unless such irrigation, the New Orleans office. Disbursements acreage is not adjusted to such acreage drainage, or flood-control project was on loans will be made to producers by allotment within the period allowed authorized prior to May 28, 1956. If approved lending agencies under agree­ under the notice, such acreage allotment such cotton was produced on land owned ments with CCC or by the New Orleans shall be deemed to have been knowingly by the Federal Government, it must not office. Disbursement of loans by ap­ exceeded by the producers having an in­ have been produced in violation of the proved lending agencies will be made not terest in the cotton. provisions of the lease. later than April 30, 1960, except where (b) Where eligible cotton is produced (h ) If the person tendering such cot­ specifically approved by the New Orleans by a landlord and his share tenant or ton is a landlord or landowner, the cot­ office in each instance. The producer sharecropper, a loan may be obtained ton must not have been acquired by sucn shall not present the loan documents for only as follows: landlord or landowner directly or in­ disbursement unless the cotton is in (1) If the cotton is divided among the directly from a share tenant or share­ existence and in good condition. If the producers entitled to share in such cot­ cropper and must not have been received cotton is not in existence and in good ton, each landlord, tenant, or share­ in payment of fixed or standing ref} ’ condition at the time of disbursement, cropper may obtain a loan on his sep­ and if it was produced by him in t the producer shall promptly refund the arate share. capacity of landlord, share tenant, proceeds. (2) If the cotton is not divided, (i) sharecropper, it must be his separa § 427.1003 Approved lending agency. the landlord and one or more of the share of the crop, unless he is a landlord share tenants or sharecroppers may ob- and is tendering cotton in which bo An approved lending agency shall be tain a joint loan on their shares of such he______and______— one or | more__ share tenants any bank, corporation, partnership, cotton, or (ii) the landlord may obtain-—sharecroppers have an interest, association, individual, or other legal a loan on cotton in which both he and (i) The person or association ten entity which has entered into a Lending one or more share tenants or share- ing such cotton must not have previ Agency Agreement— Cotton (CCC Cot­ croppers have an interest if he has the sold and repurchased such cotton. Friday, May 1, 1959 FEDERAL REGISTER 3477

(j) Each bale of cotton must weigh must be filed with the New Orleans of­ agency has executed the Clerk’s Certifi­ not less than 350 nor more than 625 fice. cate on Form A. Care should be exer­ pounds, gross weight, and must be ade­ § 427.1008 Approved storage. cised by the lending agency to determine quately packaged in new material manu­ that the warehouse receipts and bills of factured for cotton bale covering, except Cotton will be accepted as security for lading are genuine. Before the loan used jute and sugar bagging will be loans only if stored by warehouses ap­ clerk prepares loan documents for a pro­ acceptable if such bagging is clean and proved by CCC. Warehousemen desir­ ducer, he must require the producer to in sound condition. The bagging must ing approval of their facilities should present his marketing card so that he can be sufficiently strong to adequately pro­ communicate with the New Orleans of­ determine whether the producer is eligi­ tect the cotton. Cotton compressed to fice. The names of approved warehouses ble for a loan. The marketing card for standard density, whether compressed may be obtained from the New Orleans Choice (B ) cotton is Form MQ-76-B— by a warehouseman or at a gin, must office or State or county offices. Upland Cotton and for extra long staple have not less than eight bands. Heads §427.1009 W eight and rate. cotton is MQ-76-ELS. The county com­ of bales must be completely covered. mittee, in the preparation of the pro­ Bales packaged with new bagging and (a) Loans will be made on the gross ducer’s marketing card, will indicate the ties used in the Cotton Experimental weight of upland cotton and on the net producer’s eligibility for a loan. If Bale Packaging Program sponsored by weight of extra long staple cotton. Notes neither of the boxes following the words the National Cotton Council, Memphis, covering cotton pledged on reweights will “Eligible Only If Loan Agreement Ap­ Tennessee, (hereinafter referred to as not be accepted if it is evident that such proved by ASC County Committee” and “Experimental Bale Packaging Pro­ reweights reflect an increase in weight “Ineligible For Price Support” contain gram”) will be acceptable provided due to the absorption of additional mois­ an “X ”, the clerk will use this as evidence there is attached to each such bale a tag ture. In order to encourage improved that the producer is eligible for a loan. which identifies such bale with the pro­ wrapping methods and compensate for If the box following the words “Eligible gram and which shows the actual tare resulting reduced tare weight, in making Only If Loan Agreement Approved By weight and the number of pounds to be loans on upland cotton wrapped with ma­ ASC County Committee” contains an added to the gross weight of the bale for terial under the Experimental Bale Pack­ “X ”, or if the marketing card shows the purpose of adjusting the bale to the aging Program, there will be added to evidence of any alteration or erasure, the normal gross weight under such the gross weight of the bale an allowance clerk shall inform the producer that in program. equal to the number-of pounds shown on order for him to obtain a loan he must (k) Each bale of cotton must bear a the program bale tag to be necessary “to have his loan documents prepared in the gin bale number. adjust to normal gross weight” under county office and if the cotton is eli­ such programs. No allowances other § 427,1007 Forms. gible for a loan, the Certificate of than those provided for in this subsection Agricultural Stabilization and Conserva­ The following documents must be de­ will be made. tion County Committee on Form A will livered by producers in connection with (b) The base loan rate for Middling 1- be executed by the county office manager every loan except loans made pursuant inch Choice (B ) cotton at each approved (or a county office employee designated to §§ 427.1022 and 427.1027. warehouse will be shown in the Schedule by h im ). If the box following the words (a) Warehouse-stored loans. (IV of Base Loan Rates for Choice (B ) Cot­ “Ineligible For Price Support” contains Cotton Producer’s Note and Loan Agree­ ton (which will be issued about June 1, an “X ”, the producer cannot obtain a ment (CCC Cotton Form A, referred to 1959). This schedule will be available at loan on such kind of cotton produced on in this subpart as “Form A ”) . county offices. The premium or discount that farm under any condition and (2) Warehouse receipts complying applicable to each other eligible grade should be so informed by the clerk. with the provisions of § 427.1018. and staple length of upland cotton is Lending agencies which are also eligible (3) Producer’s Letter of Transmittal shown in § 427.1029. Loan rates for extra producers must obtain direct loans on (CCC Cotton Form B, referred to in this long staple cotton are also shown in cotton produced by them from the New subpart as “Form B ”) if the loan is ob­ § 427.1029. After a loan is made, CCC Orleans office or obtain loans from an­ tained direct from the New Orleans will not be obligated to make adjust­ other approved lending agency. An ap­ office. ments in the amount of the loan as a proved clerk cannot execute loan docu­ (b) Cotton represented by order bill result of any subsequent redetermination ments for cotton owned by him. An of lading. (i ) Form A executed withi: of the weight or quality of the cotton. approved clerk who, under a power of the area and during the period sue § 427.1010 Preparation o f documents. attorney, executes the loan documents on wans are available. behalf of the producer, cannot execute (a) A producer desiring to obtain a bHl of lading, in a form ac the Clerk’s Certificate on such loan eptable to CCC and representing th loan may obtain the necessary forms documents. from county offices, approved lending cotton tendered as security for the loai (b) The Clerk’s Certificate on each agencies, approved warehouses, and ap­ (3) If the receiving agency is not Form A tendered for a loan must be proved clerks (persons approved by the warehouseman, Weight and Conditio: executed by the approved clerk who as­ county committees to assist producers in certificates complying with the pro sisted the producer in the preparation preparing and executing the loan ons of § 427.1020 and a Receivin and execution of the Form A. The orig­ forms). All applicable blanks on the Agency’s Certificate. inal of Form A must be signed by the r JP . Porm B if the loan is obtained di loan forms must be filled in with ink, producer and the copy marked pro­ indelible pencil, or typewriter in the t from the New» Orleans office. ducer’s copy is to be retained by the pro­ manner indicated therein, and docu­ r?an documents executed by a ducer. Loan forms must not be signed admimsfrafor, executor, or trustee ments containing additions, alterations, in blank. All applicable entries must be i whichever is later, mitting samples to the designated class­ warehouse receipts representing the cotton kfor^fJL1,1960’ aU char&es on the ing office, postage, verifying and cotton. be at thprvot°raf e and insurance shall guaranteeing the correctness of the in­ month * ?te ? 46 cents per bale ^ r formation for which the warehouse is § 427.1020 Loans on order bills of compressp/ a?ilon thereof for flat or responsible in the Schedule of Pledged lading. operatingd cotton stored in warehouses Cotton on the Form A or Form G -l, (a) Loans on cotton represented by Pressed witton1«^ 8^ faciUties or com" and executing the Agreement of W are­ order bills of lading will be available only operating stored m warehouses not houseman on the Form A or the W are­ in areas and during the periods specified rate of comPress facilities, and at the houseman’s Certificate m and Agreement by the New Orleans office where there traction bale per month or on the Form. G -l, if such charges are is a shortage of storage space and where in wSeh^ reof for flat cotton stored included in the warehouseman’s tariff: the necessary arrangements for handling ses not operating compress And provided further, That in no event the cotton may be made. 3480 RULES AND REGULATIONS

(b ) Cotton represented by order bills reconcentrated under a Reconcentration (b) It shall be the joint responsibility of lading will be eligible for a loan only Agreement will be accepted. A producer of the lending agency named in the Form when it is shipped by an approved receiv­ who desires to obtain a loan in this J to obtain the official classification from ing agency as agent for the producer. manner should request the warehouse- the producer or the warehouseman and Warehousemen, ginners, and other re­ naan to issue a warehouse receipt to him of the producer to deliver the official sponsible parties in areas where such in the form specified above and must fur­ classification to such lending agency, loans are available may be* approved to nish written authorization to the ware­ within 15 days from the date of the act as receiving agencies by the New Or­ houseman for the reconcentration of his classification certificate so that the Form leans office. Receiving agencies ^ will cotton after which the warehouseman A loans can be made within the specified enter into Receiving Agency Agreements will ship the cotton. The Forms A and time. with COC. When receiving agencies are warehouse receipts covering cotton to be (c) It shall be the responsibility of the approved, notifications will be given by reconcentrated under a Reconcentration lending agency named in the Form J letter or published lists. Agreement must show the reconcentra­ to obtain the execution of the Agree­ (c) A producer in any such area who is tion order number under which the cot­ ment of Warehouseman and the Clerk’s unable to find storage space in his local ton will be shipped. The producer will Certificate on the Form A. Only bona area and who wishes to obtain such a obtain a loan on these documents in the fide employees of lending agencies mak­ loan should deliver his cotton to a receiv­ usual manner, and after receipt of the ing the advance loans who are approved ing agency with the request that it ship loan documents, CCC will surrender the as clerks by the county committee or ap­ the cotton as agent for the producer, in warehouse receipts to the warehouseman. proved clerks in the county office, will be permitted to execute the Clerk’s Cer­ accordance with shipping instructions § 427.1022 Advance loans. furnished by CCC, to a warehouse where tificate on Forms A covering cotton on storage space is available. The receiving (a ) If a producer desires to obtain awhich advance loans have been made. loan under this part on cotton stored or agency will complete the Schedule of § 427.1023 Tender o f notes by lending to be stored in a warehouse, prior to the Pledged Cotton on a Form A and, if it agencies. is a warehouseman, will execute the receipt of the classification of such cot­ Agreement of Warehouseman thereon. ton by a Board of Cotton Examiners or Notes (Forms A ) evidencing loans If the receiving agency is not a ware­ prior to the issuance of a warehouse re­ made by a lending agency which has houseman, it will have the cotton ceipt representing the cotton, and if the entered into a Lending Agency Agree­ weighed by a public or licensed weigher producer desires to obtain interim ment-Cotton (CCC Cotton Form D) and will secure a Weight and Condition financing from a lending agency until prior to the fnaking of the loans will be Certificate in the form prescribed by CCC such time as a CCC loan may be obtained, eligible for purchase or pooling by CCC. and execute the Receiving Agency’s the lending agency may make the pro­ Under this agreement, lending agencies Certificate. The receiving agency will ducer a private loan (called “the advance which are parties thereto are required ship the cotton, secure order bills of lad­ loan” in this subpart) on such cotton on to tender to CCC, on Lending Agency’s ing in a form acceptable to CCC, and de­ forms and in amounts agreed upon be­ Letter of Transmittal (CCC Cotton Form liver to the producer the bills of lad­ tween the lending agency and the pro­ C, .referred to in this subpart as “Form ing, together with the Form A and ducer and may obtain from the producer C”), all notes on Form A, with ware­ Weight and Condition Certificates (If a duly executed Producer’s Power of At­ house receipts or bills of lading (and an y ). If the receiving agency is a ware­ torney (CCC Cotton Form J, referred to weight and condition certificates, if re­ houseman, it will be permitted to collect in this subpart as “Form J”) in tripli­ quired) attached, representing loans fees in accordance with § 427.1019 and a cate authorizing and directing the lend­ made by the lending agency within 15 fee of not to exceed 10 cents per bale to ing agency to prepare or cause to be days after the date of disbursement of cover the costs of preparation of shipping prepared and execute on behalf of and the loans. All notes transmitted on a documents. If the receiving agency is in the name of the producer Forms A Form C must cover cotton stored in ware­ not a warehouseman, it will, for the pur­ covering all such cotton which is eligi­ houses in the same custodial district. pose of payment of gin compression ble for a loan under this part. The du­ Separate Forms C shall be used for up­ only, be considered as a warehouseman plicate copy shall be delivered to the land and extra long staple cotton. Notes and will be permitted to collect from CCC producer. On or before the date the ad­ secured by warehouse receipts or by bills charges for gin compression as provided vance loan is made, samples must have of lading, and notes executed by attor- neys-in-fact, must be transmitted on in § 427.1019 and will be permitted to col­ been drawn from the cotton and submit­ lect from producers a fee not in excess ted to a Board of Cotton Examiners for separate Forms C. Each Form C shall state whether the lending agency de­ of the fee set forth in the Receiving classification or, if the cotton has not Agency Agreement executed by the re­ arrived at the warehouse, the warehouse­ sires CCC to purchase the notes or to place them in a pool. Upon receipt of ceiving agency, and shall post, in a con­ man must have been instructed to sam­ the loan papers by the New Orleans office, spicuous place, a notice showing the fee ple the cotton and forward the samples to be charged producers. Loans will be for classification upon receipt of the cot­ they will be examined and, if found cor­ rect, will be approved and transmitted to made at the full loan rate at the point ton at the warehouse. On or before the custodial office serving the district where the receiving agency receives the September 1, 1959, or within 15 days in which the cotton is stored, and will be cotton. CCC will pay warehouse storage after the dates of the classification cer­ purchased or placed in a pool as directed charges on cotton tendered by the pro­ tificates, or within 15 days after the ducer for a loan under this section, if dates of the warehouse receipts, which­ by the lending agency. Lending a^e^c1®® which have previously been approved oy the receiving agency is a warehouseman. ever is later, the lending agency shall (as provided in Form J ), unless the CCC as eligible to draw drafts on ecu § 427.1021 Loans on cotton to be re­ cotton is redeemed by the producer, pre­ may, subject to such instructions an concentrated. pare or cause to be prepared and execute requirements as CCC may hereafter fr Loans on cotton to be reconcentrated on behalf of the producer Forms A cov­ time to time prescribe, obtain immedi­ will be available only on cotton stored at ering all such cotton which is eligible for ate payment for notes they desire to se warehouses approved by the New Orleans a loan and make a CCC loan or loans to to CCC, by drawing sight drafts wim office in areas where there is congestion the producer under this part. The lend­ enclosed letters of transmittal on ecu and lack of storage space. The ware­ ing agency shall promptly remit to the through a Federal Reserve Bank or housemen will enter into Reconcentra­ producer any difference between the Branch Bank approved by CCC. Note tion Agreements (CCC Cotton Form 29, amount due on the advance loan and the covered by such drafts must be imme * referred to in this subpart as “Reconcen­ proceeds of the CCC loan, less any appli­ ately submitted to the New Orleans office. cable charges under this part paid by tration Agreements”) with CCC. Ware­ In the event that the notes are poole , the lending agency on behalf of the pro­ Certificate of Interest representing tne house receipts covering cotton to be ducer. The producer’s copies of Forms reconcentrated under a Reconcentration interest in the pool acquired as the resai A and the canceled note evidencing the of the deposit therein of the notes sho Agreement must be in a form acceptable advance loan shall be forwarded to the on the Form C will be issued to any aP to CCC and must provide for delivery of producer. The original of Form J shall proved lending agency designated on the cotton to the order of CCC. Block be transmitted with the notes when they warehouse receipts covering cotton to be are tendered to CCC. Friday, May 1, 1959 FEDERAL REGISTER 3481

§ 427.1024 Loss or damage to pledged all such cases, the bank will be instructed custodial office. No partial release of the cotton. to return the note and warehouse re­ cotton represented by warehouse re­ In any case where there is loss or ceipts to the custodial office if payment ceipts and securing a note will be per­ damage to cotton which occurs while is not effected within 5 business days or mitted, except that CCC may allow such cotton is pledged to CCC or a lend­ prior to the time at which the loan partial releases in cases where loss or ing agency, CCC shall have the right matures and CCC acquires or sells the damage to part of the cotton occurs. cotton, whichever is the earlier. Repay­ to determine and file claims against any § 427.1027 Cotton cooperative market­ ments will not be accepted after CCC liable third parties for the resulting loss. ing association loans. Upon determination of the quantity of acquires or sells the cotton. All charges A special form of loan agreement will the lost or damaged cotton, CCC will give assessed by the bank to which the note be made available to cotton cooperative credit for the loan value (including and warehouse receipts are sent must be marketing associations whereby mem­ charges and interest) of such cotton. If paid by the person requesting the release bers of such associations may act collec­ the proceeds of the claim exceed the loan of the cotton. No partial release of the cotton securing one note will be permit­ tively in obtaining loans. The loan rates value of such cotton, the excess proceeds ted except that CCC may allow partial under this agreement will be the same shall be remitted to the producer or, releases in cases where loss or damage as the loan rates to individual producers, if the loan has been repaid, to the party to part of the cotton occurs. In the and eligibility requirements with respect repaying the loan. event the Producer’s Loan Statement— A to the cotton and the producers tender­ § 427.1025 Transfer o f producer’s in­ is destroyed or lost, the producer may ing the cotton to the association and terest. obtain a duplicate of such form from the other loan provisions will be substantially If the producer desires to sell his custodial office serving the district in the same as for loans to individual pro­ equity in the cotton covered by a note, which the cotton is stored. ducers. Members desiring to obtain loans from their associations should con­ he must complete the Producer’s Equity § 427.1026 Repayments by producer. Transfer Agreement in the Producer’s tact their associations. If a producer desires to obtain the Equity Transfer on the reverse side of § 427.1028 Custodial offices. the Producer’s Loap. Statement— A, return of his note and the release of the which will be mailed to the producer by cotton securing the note, he must exe­ The custodial offices referred to in this the New Orleans office at the time the cute the Producer’s Redemption Request subpart and the district served by each notes are processed by that office. The on the Producer’s Loan Statement-A are shown below: producer must sign the Producer’s which will be mailed to the producer by Federal Reserve Bank, Atlanta, Ga.: Geor­ Equity Transfer Agreement in the pres­ the New Orleans office at the time the gia, Alabama, Florida, Virginia, North Caro­ ence of a witness approved for such pur­ notes are processed by that office. The lina, South Carolina. pose by a county committee and the producer must send or deliver the Pro-- Federal Reserve Bank, Dallas, Tex.: New ducer’s Loan Statement-A to CCC, in Mexico, Texas. Certificate of Witness in the Producer’s Federal Reserve Bank, Los Angeles, Calif.: Equity Transfer must be dated and care of the custodial office serving the district in which the cotton was stored California, Arizona, Nevada. signed by the witness. An approved wit­ Federal Reserve Bank, Memphis, Tenn.: ness shall not witness an equity transfer when the loan was obtained, as shown in Illinois, Kentucky, Arkansas, Missouri, Ten­ if he, or the firm by which he is em­ § 427.1028. Upon receipt of the Pro­ nessee, and the following counties in Mis­ ployed, is the purchaser. A producer ducer’s Redemption Request, the cus­ sissippi : Alcorn, Attala, Benton, Bolivar, Cal­ who desires to appoint an attorney-in- todial office will forward the note and houn, Carroll, Chickasaw, Choctaw, Clay, fact to act in his place and stead in sell­ warehouse receipts to a bank designated Coahoma, De Soto, Grenada, Holmes, Hum­ ing his equity in the cotton shall use by the producer with directions to the phreys, Itawamba, Lafayette, Lee, Leflore, Power of Attorney (CCC Cotton Form bank to release such note and warehouse Lowndes, Marshall, Monroe, Montgomery, 19) and file it with the applicable cus­ receipts only to the producer or his Noxubee, Oktibbeha, Panola, Pontotoc, Pren­ todial office. The equity purchaser must authorized agent upon payment of the tiss, Quitman, Sunflower, Tallahatchie, Tate, Tippah, Tishomingo, Tunica, Union, Wash­ complete the Certificate of Purchaser in amount due on the loan. The bank will ington, Webster, Winston, Yalobusha. toe Producer’s Equity Transfer and send be instructed to return the note and New Orleans CSS Commodity Office. Lou­ « within 15 days to CCC, in care of the warehouse receipts to the custodial office if payment is not effected within 15 days isiana and counties in Mississippi not as­ custodial office serving the district in signed to Memphis. which the cotton was stored at the time or prior to the time at which the loan matures and CCC acquires or sells the Federal Reserve Bank, Oklahoma City, the loan was obtained. Upon receipt of Okla.: Oklahoma, Kansas. toe Producer’s Equity Transfer, the cus­ cotton, whichever is the earlier. Repay­ todial office will forward the note and ments will not be accepted after CCC § 427.1029 Schedule of premiums and acquires or sells the cotton. All charges warehouse receipts to a bank designated discounts for upland cotton (basis assessed by the bank must be paid by the by the person requesting their release 1-inch M iddling), and loan rates for producer. A producer who desires to extra long staple cotton. with directions to the bank to release the appoint an attorney-in-fact to act in his note and warehouse receipts to the place and stead in repaying loans shall (a) Premiums and discounts for eligi­ holder of the equity transfer upon pay­ use Power of Attorney (CCC Cotton ble qualities of 1959-crop American up­ ment of the amount due on the loan. In Form 19) and file it with the applicable land cotton (basis 1-inch Middling).

Staple length (inches) Grade ‘ Me 7A ‘ Me 1 D it IM e 1M * U i m% IM e m t l\i and longer

White PU. OMand better.... Pts. Pts. Pts. Pts. Pts. Pts. Pts. Pts. Pts. Pts. Pts. Pts. PU . —410 -30 5 —215 -8 5 - 5 80 170 260 310 360 430 510 655 780 Mid plus.” ' " -4 2 0 -3 2 0 -2 3 0 -9 5 -2 0 65 155 245 295 350 415 495 640 770 Mid -4 5 0 -3 4 5 -2 5 0 -125 -45 35 120 205 255 310 380 465 605 740 ILMpiu-s” " ” ::: -47 5 -370 -275 -150 -7 5 Base 80 160 215 275 345 435 570 715 -6 4 0 —540 -4 5 0 -3 3 0 —255 -1 7 0 -9 0 -2 0 25 70 130 205 295 395 -LM plus'" - -80 5 -7 0 5 -6 2 5 -5 1 0 —435 -345 -255 -200 -165 -1 3 0 -8 0 -2 5 20 70 l M... -9 6 0 —865 -790 —690 -620 -540 -460 « -4 1 0 -3 8 5 -3 6 0 -330 —300 -280 -255 ¡Gopius” ” ” :;:: - 1 , n o -1 ,0 2 0 -9 5 0 -865 —800 -730 -665 -6 2 0 -60 5 -5 9 0 —580 —580 -580 -580 -1,24 5 -1 ,1 6 5 —1,100 —1,015 -95 5 -8 8 0 -8 2 5 -7 9 5 -7 8 5 —780 -7 7 0 —770 —770 -7 7 0 -1 ,3 8 0 -1 ,3 1 0 -1 ,2 4 5 -1 ,1 7 0 -1 ,1 0 5 -1 ,0 3 5 -985 -965 —965 -96 5 -9 6 5 —965 -965 -965 —1,490 -1 ,4 2 5 —1,370 —1,300 — 1,240 -1 ,1 7 0 -1 ,1 3 0 -1,115 -1,115 -1,115 -1,115 -1,115 -1,115 -1,115 -1 ,6 0 5 -1,545 -1,490 -1,430 -1 ,3 7 0 -1 ,3 1 0 -1,270 -1,260 -1,260 -1 ,2 6 0 -1 ,2 6 0 —1,260 -1 ,2 6 0 -1 ,2 6 0 GM Lieht "Potted sm; -— -6 3 0 -5 3 5 —440 -3 2 5 -250 -165 -85 -20 25 75 140 205 295 385 Mid ------64 5 -550 -460 —340 -265 —180 -100 -3 5 10 55 120 180 270 355 SLM '* -8 2 0 -715 —630 —520 -440 -360 —290 -2 3 5 -1 9 0 -1 4 5 - 9 0 . -2 5 60 150 LM ” -1,10 5 -1 ,0 2 5 -9 5 0 —855 —785 -7 0 0 -6 3 5 -5 9 5 -5 7 5 -5 6 0 -53 5 -6 0 5 -4 8 0 -4 6 0 -1 ,3 8 5 -1 ,3 1 0 -1 ,2 4 0 -1,16 5 -1,110 -1,045 -995 -9 7 0 -9 6 0 -9 5 5 -950 -950 -950 -9 5 0 3482 RULES AND REGULATIONS

Staple length (inches)

Grade J4 W* 1 1H» 1H « 1%2 m 1^2 l ? i « Vte 1H and longer

Spotted Pts. Pts. Pts. Pts. "Pts. Pts. Pts. Pts. Pts. Pts. Pts. Pts. Pts. Pts. G M „ 0m -855 —760 -670 -560 -495 -405 -3 4 0 -295 -255 —210 -150 -10 0 -6 0 SM —870 -7 7 5 -6 8 5 —580 —510 —425 -3 6 0 -3 2 0 -2 8 0 -23 5 -1 7 5 -135 -9 5 M id ______-1,160 -1,060 -980 -890 -810 -7 1 5 -6 6 0 -6 3 0 -6 0 0 -56 5 -5 2 0 -48 5 -445 -410 ST,TVf —1,405 —1,340 -1 ,2 7 5 -1 ,1 9 5 -1 ,1 3 0 -1 ,0 5 0 -1 ,0 1 0 -9 9 0 —985 -98 5 -9 8 5 —985 -985 -985 LM______-1 ,6 5 5 —1,595 -1,530 -1,465 -1,420 -1,360 -1 ,3 2 5 -1 ,3 2 0 -1,320 -1,320 -1,320 -1 ,3 2 0 -1,320 -1,320 Tinged GM ______-1 ,3 2 5 -1,245 -1,185 -1,120 -1,085 -1 ,0 3 5 -1 ,0 1 0 -1,000-9 9 5 -985 -980 -97 0 -960 -945 SM ______—1,350 —1,270 -1 ,2 1 5 —1,145 - 1, no -1,060 -1,035 -1,030 -1,025 -1,015 -1,010 -1 ,0 0 0 -985 -975 M id ______—1,550 —1,495 -1 ,4 4 0 -1 ,3 8 5 —1,350 -1 ,2 9 5 -1,280 -1,270 -1,270 -1,270 —1,270 -1,27 0 -1,270 -1,270 STjTVf -1 ,7 7 5 —1,720 -1 ,6 6 5 -1 ,6 0 5 -1 ,5 7 5 -1 ,5 2 5 -1 ,5 1 0 —1,505 -1 ,5 0 5 —1,505 -1 ,5 0 5 -1,50 5 -1,505 -1,505 L M . . „ ______-1,990 -1,930 -1 ,8 6 5 -rl, 805 -1,770 -1,710 -1,705 -1 ,7 0 0 -1 ,7 0 0 -1,700 -1,700 -1,700 -1,700 -1,700 Yellow stained < -1 ,6 2 0 -1,565 -1,485 -1,435 -1,395 -1 ,3 6 5 -1,345 -1,335 -1,335 -1,335 -1 ,3 3 5 -1,335 -1,335 -1,335 -1,645 -1,585 -1,510 —1,460 -1 ,4 2 5 -1 .3 9 5 -1 ,3 7 5 -1 ,3 7 0 -1,370 -1,370 -1,370 -1,370 -1,370 —1,370 M id . ______-1 ,8 3 0 -1 ,7 8 0 -1 ,7 0 0 -1,640 -1,615 -1,570 -1,660 -1,555 -1,555 -1,555 -1,555 -1,555 -1,555 —1,555 Light gray G M ...... -630 -530 —445 -325 -260 -170 -90 -30 10 50 100 170 270 370 SM ...... —685 —585 -5 0 0 -380 -315 -235 —160 -9 5 -6 0 -2 5 25 90 180 265 M id __ ... ______...... -8 3 0 —730 -64 5 -5 4 0 -4 7 5 -3 9 5 -3 3 0 -2 7 0 -240 -205 -160 -1 0 0 -20 65 SLM ...... -1,110 -1,010 -9 4 0 -8 4 0 -780 -695 -625 -590 -5 7 0 -54 5 -5 2 0 -48 0 -455 -420 Gray GM ...... —850 -755 -670 -565 -5 1 0 -4 2 5 -3 5 5 -3 1 5 -2 9 0 -2 6 5 -23 0 -16 5 -110 -45 SM...... -9 5 0 -8 5 5 -7 7 0 -66 0 -6 1 0 -5 3 5 -4 7 5 -435 -415 -400 -370 -320 -275 -235 M id...... -1 ,1 8 5 —1,090 -1 ,0 1 5 -9 3 0 -8 7 5 —790 -7 3 5 -7 0 5 -6 9 0 -6 8 0 -6 6 5 -635 -610 -585 SLM ...... -1 ,4 1 0 -1,315 -1,250 -1,170 .-1,120 -1,040 -995 -975 -970 -965 -955 -940 -930 -915

Grade symbols: GM —Good Middling; SM—Strict Middling; M id—Middling; SLM —Strict Low Middling; LM —Low.. Middling; SGO—Strict Good Ordinrafc GO— Good Ordinary. (b ) Schedule of minimum loan rates ( in cents per pound, net weight) for eligible (hereinafter referred to as "CCC”) for­ qualities of 1959-crop extra long staple cqtton— (1) American-Egyptian cotton. mulated by CCC and the Commodity Stabilization Service (hereinafter re­ Staple length (inches) ferred to as "CSS”). Under this pro­ gram, CCC will purchase 1959-crop

1 n D i e 1)4 and longer Choice (A ) upland cotton from pro­ G r a d e ducers, if such cotton was produced on a farm for which the operator elected A r i z . n n d N . M e x . A r i z . a n d N . M e x . A r i z . a n d N . M e x . C a lif. a n d T e x . C a lif. a n d T e x . C a lif. a n d T e x . the Choice (A ) allotment and the acreage planted to cotton on the farm is in com­ 1 ...... 55.30 65.70 56.95 57.35 57.50 57.90 pliance with such allotment. Cotton as 2...... 54.55 54.95 56.30 56.70 56.90 57.30 used herein means American upland 3 ...... 52.85 53.25 54. 75 ' 55.15 55.30 55.70 cotton. The requirements with respect 4 ...... 49.00 49.40 51.50 51.90 51.95 52.35 5 ...... 44.15 44.55 46.70 47.10 47.25 47.65 to loans to producers on cotton produced 6 ...... 38.30 38.70 40.75 41.15 41.35 41.75 on farms for which the operators elected 7 ...... 34.95 35.35 37.15 37.55 37.55 37.95 8...... 31.25 31.65 33.45 33.85 33.95 34.35 the Choice (B ) allotment are contained 9 ...... 27.75 28.15 29.95 30.35 30.40 30.80 in 1959 CCC Cotton Bulletin 1. § 427.1052 Administration. (2) Sea Island and Sealand cotton. Sec. 427.1053 Availability of program. Under the general direction and super­ 427.1054 Approved purchasing agency and vision of the Executive Vice President, Staple length (inches) approved sales agency.. CCC, the Cotton Division and other ap­ Grade 427.1055 Producer. propriate divisions of CSS will carry out m VAs s 1)4 and 427.1056 Eligible producer. longer 427.1057 Eligible cotton. the provisions of this subpart. In the 427.1058 Forms. field, the program will be administered 1 ...... 54.15 55.75 56.35 427.1059 Approved storage. through the New Orleans CSS Commod­ iv , ______;> ____ — 53.45 55.15 55.75 427.1060 Warehouse receipts and insurance. ity Office, 120 Marais Street, New Or­ 2...... 51.80 53.65 54.15 427.1061 Weight, purchase rate, and amount. leans 16, Louisiana (referred to in tms 2)4...... 48.05 50.45 50.90 3 ...r * 43.30 45.80 46.35 427.1062 Preparation of documents. subpart as the "New Orleans office* 314 ______37.55 39.95 40.55 427.1063 Liens. and Agricultural Stabilization and con­ 4 ...... 34.35 36.45 36.85 427.1064 Setoffs. servation (referred to in this subpart 414 ______r ______30.70 32.85 33.35 427.1065 Classification of cotton. fi . . -T ^ - __ 27.30 29.45 29.85 "ASC”) State and county committees 427.1066 Warehouse charges. 427.1067 Purchase of cotton represented by (referred to in this subpart as ~ „ Issued this 27th day of April 1959. order bills of lading. committees” and "county committees, 427.1068 Manner of payment to producers. respectively). Forms will be cistn W alter C. B erger, 427.1069 Tender of Bbrms SA by purchasing by the New Orleans office and will d Executive Vice President, agencies. available at county ASC offices (re ,,, Commodity Credit Corporation. 427.1070 Schedule of premiums and dis­ to in this subpart as “county office counts. . [F.R. JDoc. 59-3686; Filed. Apr. 30, 1959; and at approved purchasing afeF. ’ 8:47 a.m.] A u tho rity: §§427.1051 to 427.1070 issued approved warehouses, and others under sec. 4, 62 Stat. 1070, as amended; 15 nated to participate in the purch^ep- U.S.C. 714b. Interpret or apply sec. 5, 62 gram. State and county committees a Stat. 1072, secs. 101, J02, 401, 63 Stat. 1051, the New Orleans office do not have [1959 CCC Cotton Bulletin 2] as amended; 15 U.S.C. 714c, 7 U.S.C. 1441, thority to modify or waive any n(j_ 1443,1421. provisions of this subpart or any amenu PART 427— COTTON § 427.1051 General statement. ments or supplements hereto. Subpart— 1959 Cotton Purchase § 427.1055 Availability o f program. This bulletin contains the regulations, Program Regulations instructions, and requirements with re­ (a ) General. The purchase prog“ “ Sec. will be available to edible p^ueers 427.1051 General statement. spect to the 1959 Cotton Purchase Pro­ 427.1052 Administration. gram of Commodity Credit Corporation Friday, May 1, 1959 FEDERAL REGISTER 3483 on warehouse-stored cotton and cotton gaged in the merchandising of cotton (2) If the cotton is not divided, (i) the represented by order bills of lading. during 1957 and/or 1958. An approved landlord and one or more of the share (b) Area. The purchase-program will sales agency will be permitted to offer tenants or sharecroppers may sell their be available on cotton stored in ap­ Choice (A ) cotton, which it purchased shares of such cotton jointly, or (ii) the proved warehouses in all cotton-pro­ from producers as a purchasing agency landlord may sell cotton in which both ducing areas of the United States and or which was transferred to it by an­ he and one or more share tenants or will be available on cotton represented other purchasing agency, for sale locally sharecroppers have an interest, if he has by order bills of lading in areas specified in accordance with the terms of its the legal right to do so, and in such cases, by the New Orleans office where there is agreement with CCC and such other in­ the share tenants or sharecroppers must a shortage of storage space and where structions as are issued by CCC. The be paid their pro rata share of the pro­ the necessary arrangements for handling sales agency will be required to deposit ceeds of the sale. In no case shall a the cotton may be made. the warehouse receipts for all cotton it share tenant or sharecropper sell indi­ (c) Time. Purchases will be made retains for sale locally with a bank vidually cotton in which a landlord has from date purchase rates are announced selected by the sales agency and ap­ an interest. Except as provided above, through April 30, 1960. Cotton Pro­ proved by CCC. A sales agency which two or more producers may not sell their ducer’s Sales Agreements covering the desires to purchase any Choice (A ) cot­ cotton jointly. ton from a local sales agent of CCC, cotton must be signed by the producer § 427.1057 Eligible cotton. and delivered to an approved purchasing either directly or indirectly for its own agency on or before April 30, 1960, or account, will be required to enter into a Eligible cotton shall be Choice (A ) up­ postmarked not later than such date if different type of agreement from a sales land cotton produced in the United tendered to the New Orleans office by agency which is acting solely in the ca­ States in 1959 which meets the follow­ mail for direct purchase by CCC. pacity of sales agent for CCC and is not ing requirements: (d) Source. Purchases of eligible cot­ buying any such cotton from local sales (a) Such cotton must have been pro­ ton will be made by approved purchasing agents for its-own account. Any quali­ duced on a farm for which the operator agencies and by the New Orleans office. fied person or firm desiring to enter elected the Choice (A ) allotment and on Purchase proceeds shall be disbursed to into a Cotton Sales Agency Agreement which the acreage planted to cotton is producers by approved purchasing agen­ and sell Choice (A ) cotton locally should in compliance with such allotment. cies, or by the New Orleans office. Dis­ make application to the New Orleans (b) Such cotton must be of a grade bursement of purchase proceeds by ap­ office which will enter into such agree­ and staple length specified in § 427.1070. proved purchasing agencies shall be ments on behalf of CCC. (c) Such cotton must not be false- made not later than April 30, 1960, ex­ packed, w&ter-packed, mixed-packed, re­ § 427.1055 Producer. cept where specifically approved by the ginned, or repacked, and must not be New Orleans office in each instance. The A producer shall be any individual, below grade or shorter than ^g-inch producer shall not present the cotton partnership, corporation, association, staple. Cotton which has been reduced for purchase by CCC unless the cotton is trust, estate, or other legal entity, or in grade because of preparation, but in existence and in good condition. If a State or political subdivision thereof, which has not been reduced more than the cotton is not in existence and in good or an agency of such State or political two grades, will be purchased at the pur­ condition at the time of disbursement, subdivision, producing upland cotton in chase rate for the grade to which it is the producer shall promptly refund the the capacity of landowner, landlord, reduced. Cotton which has been reduced proceeds. tenant, or sharecropper, in grade or staple length,, other than a reduction of not more than two grades § 427.1054 Approved purchasing agency § 427.1056 Eligible producer. for preparation, will be eligible for pur­ and approved sales agency. A producer will be entitled tp sell to chase but at a discount as shown in (a) Approved purchasing agency. An CCC eligible- cotton produced by or for § 427.1061. approved purchasing agency shall be any him in 1959 on a farm (as defined for (d) Such cotton must be in existence person or firm, such as bank, cotton purposes of cotton marketing quotas) and in good condition. buyer, cotton merchant, cotton coopera­ for which the operator has elected the (e) Such cotton must not be com­ tive, ginner, or other legal entity, which Choice (A ) allotment in accordance with pressed to high density. has entered into a Cotton Purchasing the Acreage Allotment Regulations for (f) Such cotton must have been pro­ Agency Agreement (CCC Cotton Form the 1959 Crop of Upland Cotton (23 F.R. duced by the producer tendering it for SD) with CCC. Under this agreement, 8385 and any amendments or supple­ purchase, and such producer must have a purchasing agency which purchases ments thereof), if all of the following the legal right to sell the cotton. cotton is required to assist the producer requirements are met: " (g) Such cotton must not have been in Preparing the necessary purchase doc­ (a) The 1959 planted acreage (as de­ produced on any newly irrigated or uments, to pay him or his designee the termined for purposes of cotton market­ drained land (unless such land was used Purchase price for his Choice (A ) cotton, ing quotas) of cotton on the farm does for the production of cotton prior to May and to tender to CCC either directly or not exceed the 1959 Choice (A ) cotton 28, 1956) within any Federal irrigation flrough another purchasing agency the acreage allotment for the farm. For or drainage project (as defined in section ocuments covering the purchased cot­ the purpose of determining eligibility 211 of the Agricultural Act of 1956) or ton, m accordance with § 427.1069. Per- under this program, the cotton acreage on land reclaimed by a flood-control ns or firms desiring to enter into Cotton on the farm will not be deemed to be in project unless such irrigation, drainage, urcnasmg Agency Agreements - should excess of the acreage allotment unless or flood-control project was authorized ® aPPhcation to the New Orleans the acreage allotment is knowingly ex­ prior to May 28, 1956. If such cotton wiu enter into such agree- ceeded. If the producer operating the was produced on land owned by the Fed­ half of^cQ1 QUAlihed applicants on be- farm is notified that the acreage allot­ eral Government, it must not have been ment has been exceeded, and the planted produced in violation of the provisions i Pproved sales agency. Any per- acreage is not adjusted to the acreage of the lease. merrhow?*’ Such as c°tt°n buyer, cotton allotment within the period allowed (h) If the producer tendering such snnnpr«’ cotton cooperative, cotton under the notice, the acreage allotment cotton for purchase is a landlord or land- other legal entity, which is an shall be deemed to have been knowingly owner, the cotton must not have been mept t w itime the form is signed by subpart, the producer must designate by the warehouseman or receiving Thp ti!f«Cer !U1(* ^be purchasing agency. CCC or the lending agency holding such agency listing each sample included in a whetwPiGr ‘?tatus ° f the producer (i.e., note as payee of such amount to the shipment to the Board. A copy of such sharpp^ianclowner’ landlord, tenant, or extent of such installments, but not to Form L shall be included with the sam­ spacp j must be shown in the exceed that portion of the amount re­ ples, and the original and two copies all lanrt,?V1Clec* therefor on Form SA and maining after deduction of amounts due must be mailed separately to the Board. landowners and landlords must sign prior lienholders. The Board will enter the classification of 3486 RULES AND REGULATIONS each bale on the Form L and return a ance) at the time and place of loss and the warehouse by CCC. All other copy of such form to the warehouse or shall be kept so insured so long as the charges on cotton including flat delivery receiving agency. The Cotton Classifica­ warehouse receipts therefor are out­ charges on cotton moved from a ware­ tion Memorandum Form A3 will be re­ standing, unless the cotton comes under house operating compress facilities with­ turned to the producer by the Board. If a storage agreement between the ware­ out payment of compression charges, will a sample has been drawn and submitted houseman and CCC allowing the ware­ be at the rates provided in the ware­ for a Form 1 or Form A3 classification, houseman to cancel his insurance on the houseman’s established tariff in effect another sample may not be drawn and cotton. Such insurance shall cover at the time the service is ordered per­ forwarded to a Board except for a review damage to the cotton by water from the formed: Provided, That no charge may classification. If through error or other­ warehouseman’s sprinkler system when be made with respect to the cotton that wise, in any case where review classifica­ such damage results from fire in the same is not applicable to cotton other than tion is not involved, two or more samples warehouse in which the cotton is stored. CCC cotton stored by the warehouseman, from the same bale are submitted for From the dates through which the pro­ except that the warehouseman may make classification, the purchase rate shall be ducer has paid storage charges through a charge of not to exceed 25 cents per based on the classification having the July 31, 1960, all charges on the cotton bale for transmitting samples to the lower purchase rate. If a Form 1 or for storage and insurance shall be at the designated classing office, postage, veri­ Form A3 review classification is obtained, rate of 46 cents per bale per month or fying and guaranteeing the correctness the purchase rate for the cotton repre­ fraction thereof for flat or compressed of the information for which the ware­ sented thereby will be based bn such cotton stored in warehouses operating house responsible in the Schedule of review classification. compress facilities or compressed cotton Cotton Sold on the Form SA, and execut­ (b) A charge of 25 cents per bale shallstored in warehouses not operating com­ ing the Agreement of Warehouseman on be collected from the producer by the press facilities, and at the rate of 51 cents the Form SA, if such charges are in­ warehouseman or receiving agency for all per bale per month or fraction thereof cluded in the warehouseman’s tariff: cotton for which samples are submitted for flat cotton stored in warehouses not And provided further, That in no event to a Board for a Form A3 classification or operating compress facilities, or the shall such charge, a service charge or a Form 1 or A3 review classification. The warehouseman’s established tariff on charges for receiving, tagging, weighing, Boards will submit billings for classing cotton other than CCC cotton, whichever sampling on arrival, or storage of sam­ charges to the warehousemen or receiv­ is less. If the warehouse operates com­ ples, be collected from CCC or a purchaser ing agencies at the end of each month. press facilities, the tariff rate to which of the cotton. No charge for standard Checks or money orders covering these reference is made herein shall be the rate density compression or for delivery or charges shall be made payable to “Com­ applicable to compressed" cotton regard­ outhandling, except as provided in this modity Credit Corporation” and shall be less of the compression status of the section, will be paid with respect to cot­ sent to the New Orleans office. cotton. Such charges, accrued through ton received by the warehouseman which § 427.1066 Warehouse charges. July 31 of any year in which these rates has been compressed to standard density are in effect, shall be paid by CCC, as either by a gin (gin compress bale) or by (a) All warehouse charges for storage soon as possible after such date, on all another warehouseman. No charge of and for other services performed (except of the cotton represented by warehouse any kind whatsoever will be paid with compression) must be paid by the pro­ receipts held by CCC at the time of pay­ respect to any of the cotton compressed ducer to the end of the calendar month ment. The charges for delivery or out- to high density without the written during which the Agreement of W are­ handling, including picking out by tag authority of CCC. The warehouseman houseman on the Form SA is executed by numbers and loading according to shall execute and submit to CCC with the warehouseman. The warehouseman custom into cars or trucks, shall not each voucher for amounts payable by must stamp each warehouse receipt to exceed 25 cents per bale in case cotton CCC under this agreement the following reflect the date through which such is shipped by CCC at the request of the certificates: charges have been paid. The Agreement warehouseman and 50 cents per bale in of Warehouseman on each Form SA must I hereby certify that since the cotton any other case where cotton is shipped covered by this voucher was received at the be executed by the warehouseman storing by CCC, or in either case, the warehouse­ warehouse, there has been removed from the cotton covered by the Form SA not man’s established tariff, whichever is such cotton only that amount of cotton more than 10 days preceding the date of less: Provided, That no such outhandling necessary to secure representative samples, the Producer’s Sales Agreement on the charge may be made where collection to properly trim the sample holes, or to Form SA. By executing the Agreement otherwise maintain the cotton in the in­ for the service has been included in any terest of good housekeeping and fire preven­ of Warehouseman on the Form SA, the other charge or otherwise collected. warehouseman agrees that such cotton tion incidental to the handling, storage, or Charges for compression of cotton by the compressing of said cotton except for re* will be stored and handled in accordance warehouseman, including Compression conditioning of damaged cotton, and that with the Warehouseman’s Certificate charges on cotton compressed to stand­ since issuance of warehouse receipts thereon and Agreement on the reverse side of ard density by the warehouseman at his such cotton has not been reconditioned, the Form SA and makes the representa­ gin, will be at the rates provided in the picked, or cleaned by blowing or brushing except as noted on report attached hereto tions contained therein, and the ware­ warehouseman’s established tariff in houseman further agrees to store such or to a previous voucher covering such cotton. effect at the time the service is ordered cotton under conditions and at rates performed. Compression charges on The warehouseman shall store the cotton determined as follows: cotton compressed to standard density so that the tags will be visible and (b) The cotton shall be , insured for the warehouseman at a gin or an­ readily accessible so as to permit anac- against loss or damage by fire under a other warehouse under contract with the curate check of stocks at any time. The policy or policies providing coverage warehouseman will be at the rate which rates quoted herein will remain in effect equivalent to that afforded under the the warehouseman pays the ginner or through July 31, 1960, and will remain standard fire policy of the State in which the other warehouseman. In no events in effect thereafter until terminated ny the cotton is stored for the full market shall compression charges on gin com­ CCC or the warehouseman on July 31, value (if the cotton is compressed, its pressed cotton or cotton compressed by 1960, or at the end of any subsequent market value shall be the market value another warehouseman exceed the rate month by giving the other at leas” "" of flat cotton plus compression charges, paid to the ginner or the other ware­ days’ prior notice, or until the cotto or if the cotton is uncompressed and the houseman by his customers on all other comes under another storage agreemen warehouseman desires to collect his de­ cotton. Charges for the compression of between the warehouseman and ^ > livery charge for flat cotton in lieu of cotton will be paid by CCC only if the whichever is earlier. If the cotton is so compression if it is destroyed by fire, charges have not been paid by the pro­ by CCC, the charges provided in tms such charge must be covered by insur- ducer, and if the cotton is shipped from section shall be applicable for servic Friday, M ay 1, 1959 FEDERAL REGISTER 3487 rendered up to and including the last day man, and will be permitted to collect cotton for CCC may tender the required of the calendar month in which the sale from CCC charges for gin compression as purchase documents as specified in is made, and the warehouseman shall not provided in § 427.1066, and will be per­ § 427.1058 to CCC directly or through an­ charge the holders of the warehouse re­ mitted to collect from producers a fee not other purchasing agency. Such tender ceipts representing such cotton for such in excess of the fee set forth in the Re­ shall be in accordance with the pro­ services an amount in excess of that ceiving Agency Agreement executed by visions of Form SD and shall be made computed in accordance with this agree­ the receiving agency, and shall post in a within 15 days after execution of the ment. The terms and provisions of this conspicuous place a notice showing the Producer’s Sales Agreement on the section shall prevail over the written or fee to be charged producers. Purchases Forms SA. Upon receipt of the docu­ printed terms of the warehouse receipts will be made at the full purchase rate at ments by CCC, they will be examined and representing the cotton. the point where the receiving agency re­ if found to be acceptable, the purchasing ceives the cotton. If the receiving agency agency designated on the Form SC will § 427.1067 Purchase o f cotton -repre­ is a warehouseman, CCC will not pay any sented by order bills of lading. be reimbursed by CCC. The required storage charges on such cotton. 5 purchase documents will be the Cotton (a) Purchases of cotton represented Producer’s Sales Agreement (CCC copy by order bills of lading will be made only § 427.1068 Manner of payment to pro­ ducers. together with county office copy); the in areas and during the periods specified warehouse receipts (or a tag list receipted by the New Orleans office where there Purchases of cotton under the 1959 by the custodian bank where applicable) is a shortage of storage space and where Cotton Purchase Program will ordinarily or order-bills of lading; , and the class the necessary arrangements for handling be made by purchasing agencies acting cards covering the cotton. Purchasing the cotton may be made. as agents for CCC. In such case, the agents will have the following options in (b) Cotton represented by order bills producers must tender a Cotton Pro­ tendering documents to and obtaining of lading will be eligible for purchase ducer’s Sales Agreement, together with reimbursement from CCC (all cotton only when it is shipped by an approved forms required in § 427.1058, to the pur­ listed on a Form SC must be submitted receiving agency as agent for the pro­ chasing agency not later than April 30, under the same option): ducer. Warehouseman, ginners, and 1960. After completion of the Form SA, (a) If the purchasing agency has not other responsible parties in areas where including execution of the Agreement entered into a Cotton Sales Agency such purchases will be made may be ap­ of Warehouseman, the purchasing Agreement with CCC, such tender may proved to act as receiving agencies by agency will pay the purchase price on be made direct to the New Orleans office the New Orleans office. Receiving agen­ behalf of CCC in the manner directed or through another approved purchasing cies will enter into Receiving Agency in the Producer’s Sales Agreement on agency (including a banking institution Agreements with CCC. When receiving such Form SA and will distribute the which has been approved to obtain im­ agencies are approved, notifications will copies of Form SA in accordance with mediate payment by drawing drafts on be given by letter or published lists. the provisions of the Purchasing Agency CCC or an approved sales agency). (c) A producer in any such area who Agreement. A producer may also obtain (b) If the purchasing agency has en­ is unable to find storage space in his payments direct from CCC by tender­ tered into a Cotton Sales Agency Agree­ local area and who desires to sell his ing a properly executed Form SA, to­ ment with CCC but does not desire to cotton to CCC should deliver his cotton gether with forms required in § 427.1058, retain for sale cotton covered by the to a receiving agency with the request to the New Orleans office not later than sales agreements listed on a particular that it ship the cotton as agent for the April 30, 1960. In case payment is to letter of transmittal, it shall tender the producer, in accordance with shipping be obtained direct from CCC, the sales purchase documents covering such cot­ instructions furnished by CCC, to a document shall be transmitted to the ton directly to the New Orleans office or warehouse where storage space is avail­ New Orleans office by the county office through another purchasing agency as able. The receiving agency will complete of the county in which the producer’s set forth in paragraph (a) of this sec­ the Schedule of Cotton Sold on a Form farm is located. tion. SA, and if it is a warehouseman, will § 427.1069 Tender of Forms SA by pur­ (c) If the purchasing agency has en­ execute the Agreement of Waréhouse- chasing agencies. tered into a Cotton Sales Agency Agree­ man thereon. If the receiving agency ment with CCC and desires to retain, for Forms SA evidencing purchases of is not a warehouseman, it will have the sale locally, the cotton covered by the eligible Choice (A ) cotton made by a cotton weighed by a public or licensed sales agreements listed on a particular purchasing agency which has entered weigher and will secure a Weight and letter of transmittal, it shall tender the into a Form SA prior to the purchase of Condition Certificate in the form pre­ purchase documents covering such cot­ the cotton will be eligible for tender to scribed by CCC and execute the Receiv­ ton to CCC through the custodian bank CCC. The Forms SAT and other required es Agency’s Certificate. The receiving (selected by the agency and approved by purchase documents must be tendered agency will ship the cotton, secure order CCC) which will retain the warehouse on a Purchasing Agency’s Letter of Dins of lading in a form acceptable to receipts representing such cotton. In f , , a^ deliver to the producer the bills Transmittal (CCC Cotton Form SC). this case the agency shall prepare and Separate Forms SC shall be used for list­ w lading, together with the Form SA submit to the custodian bank a tag list, ing Forms SA covering warehouse-stored aua Weight and Condition Certificates in duplicate (on a form prescribed by ** ^ e receiving agency is a cotton which is to be retained for sale C C C ), of the warehouse receipts covered locally; Forms SA covering warehouse- pnii6+°rlseman’ ^ will be permitted to by the sales agreements listed on the ftn rtiees 1x1 accordance with § 427.1066 stored cotton which is not to be retained letter of transmittal. If a reconcentra­ h , a fee °f not to exceed 10 cents per for sale locally; and Forms SA covering tion order number has been entered on «¡hi««- cover the costs of preparation of cotton represented by order bills of lad­ a sales agreement, the cotton covered by documents. If the receiving ing. Separate Forms SC shall also be such sales agreement cannot be retained thp 18 not a warehouseman, it will, for used for Forms SA covering cotton pro­ for sale locally (since it will be recon­ sin«*”“?0®? of Payment of gin compres- duced in different counties. A purchas­ centrated) and the purchase documents °hly, be considered as a warehouse­ ing agency which purchases Choice (A ) must be tendered to CCC. 3488 RULES AND REGULATIONS

427.1070 Schedule o f premiums and discounts for eligible qualities o f 1959—crop American upland cotton (basis Middling 1-inch).

Staple length (inches)

Grade m e 7A m e ;)1 1^2 lVie 1?^2 m lfé a lf ia 1^2 IH and longer

White PU. Ft. Pts. ' Pts. PU. PU. Pts. Pts. PU. Pts. PU. Pts. Pts. Pts. GM and better...... —410 -305 -215 -85 - 5 80 170 260 310 360 430 510 655 780 •SM ...... -420 -320 —230 -95 -20 65 155 245 295 350 415 495 640 770 M id plus______-4 5 0 -345 -250 -125 -45 35 120 205 255 310 380 465 605 740 M id...... -4 7 5 -3 7 0 -2 7 5 —150 —75 Base 80 160 215 275 345 435 570 715 SLM plus...______-640 -540 -450 ' -3 3 0 -255 -170 -90 -20 25 70 130 205 295 395 SLM ...... -805 -705 -625 —510 —435 —345 -25 5 -2 0 0 -165 -130 -80 -25 20 70 LM plus______—eoo -8 6 5 -7 9 0 -6 9 0 -6 2 0 -540 -460 -410 -3 8 5 -3 6 0 -3 3 0 -30 0 -280 —255 LM ...... - ì , n o -1,020 -950 -865 —800 -730 -6 6 5 -6 2 0 -605 -590 -580 -580 , -580 -580 SG O plus______-1,245 -1,165 —1,100 -1 ,0 1 5 -9 5 5 -8 8 0 —825 -795 -785 -780 -7 7 0 -77 0 -770 -770 SGO ...... —1,380 —1,310 -1 ,2 4 5 -1 ,1 7 0 V - l, 105 -1 ,0 3 5 -9 8 5 -9 6 5 -965 -965 -965 -965 -965 -965 GO plu s...... -1,490 -1,425 -1 ,3 7 0 -1,300 -1,240 -1 ,1 7 0 -1 ,1 3 0 -1,115 -1,115 -1,115 -1,115 -1,115 -1,115 -1,115 GO ...... -1 ,6 0 5 -1 ,5 4 5 -1,490 -1,430 -1,370 -1 ,3 1 0 -1 ,2 7 0 -1 ,2 6 0 -1 ,2 6 0 -1 ,2 6 0 -1 ,2 6 0 -1,260 -1,260 -1,260 Light spotted GM ...... -6 3 0 -5 3 5 -440 -325 -250 -1 6 5 -8 5 -2 0 25 75 140 205 295 385 SM ...... -645 —550 -460 -340 -265 -180 -100 -3 5 10 55 120 180 270 355 M id...... -8 2 0 -715 -630 -520 -440 -360 -29 0 —235 -1 9 0 -1 4 5 -9 0 —25 60 150 SLM ...... —1,105 -1 ,0 2 5 -9 5 0 -855 -785 -700 -6 3 5 -59 5 -5 7 5 -5 6 0 -5 3 5 -505 -480 -460 LM ...... -1 ,3 8 5 -1 ,3 1 0 -1,240 -1,165 -1,110 -1 ,0 4 5 -995 -970 -960 -95 5 -9 5 0 -95 0 -950 -950 Spotted GM ...... -8 5 5 -7 6 0 -6 7 0 -5 6 0 -4 9 5 -4 0 5 -3 4 0 -295 -255 -210 -150 -100 -6 0 —15 SM...... -8 7 0 -7 7 5 -6 8 5 -5 8 0 -5 1 0 —425 -36 0 -320 -280 -235 -175 -135 -9 5 -65 M id...... -1 ,1 6 0 -1,060 -980 -890 -810 -7 1 5 -6 6 0 —630 -6 0 0 -5 6 5 -5 2 0 -485 -445 —41Q SLM ...... —1,405 -1 ,3 4 0 -1 ,2 7 5 -1,195 -1.130 -1,050 -1,010 -990 -985 -985 -985 -985 -985 -985 LM ...... -1 ,6 5 5 -1,595 -1,530 -1,465 -1,420 -1 ,3 6 0 -1 ,3 2 5 -1,320 -1,320 -1,320 -1,320 : -1,320 -1,320 -1,320 Timed GM...... -1 ,3 2 5 -1,245 -1,185 -1 ,1 2 0 -1 ,0 8 5 -1,035 -1,010 -1 ,0 0 0 -9 9 5 -9 8 5 -9 8 0 -97 0 -960 —945 SM ...... -1 ,3 5 0 —1,270 -1 ,2 1 5 —1,145 -1 ,1 1 0 -1 ,0 6 0 -1 ,0 3 5 -1 ,0 3 0 -1 ,0 2 5 -1 ,0 1 5 —1,010 -1,00 0 -985 -975 M id...... -1 ,5 5 0 —1,495 —1,440 -1 ,3 8 5 -1 ,3 5 0 -1,295 -1,280 —1,270 -1 ,2 7 0 -1 ,2 7 0 -1 ,2 7 0 —1,270 -1,270 -1,270 SLM ...... -1 ,7 7 5 -1 ,7 2 0 —1,665 -1 ,6 0 5 -1 ,5 7 5 -1 ,5 2 5 —1,510 -1 ,5 0 5 -1 ,5 0 5 —1,* 505 -1 ,5 0 5 -1,605 -1,505 —1,505 LM ...... -1 ,9 9 0 -1,930 -1,865 -1,805 -1,770 -1,710 -1, 705 -1 ,7 0 0 -1,700 -1,700 -1,700 -1,70 0 -1,700 —1,700 Yellow stained GM ...... -1 ,6 2 0 -1 ,5 6 5 -1,485 -1,435 -1,395 -ir3 6 5 -1 ,3 4 5 -1,335 -1,335 -1 ,3 3 5 -1 ,3 3 5 -1,33 5 -1,335 -1,335 SM ...... -1 ,6 4 5 -1 ,5 8 5 -1 ,5 1 0 -1,400 -1.425 -1,395 , - l , 375 -1 ,3 7 0 -1,370 -1,370 -1 ,3 7 0 -1,37 0 -1,370 —1,370 M id...... —1 ,830 -1,780 -1,700 -1,640 -1 ,6 1 5 -1 ,5 7 0 - i;5 6 0 -1 ,5 5 5 -1 ,5 5 5 -1 ,5 5 5 -1 ,5 5 5 -1,555 -1,555 —1,555

Light gray 370 GM...... -6 3 0 -5 3 0 -44 5 -3 2 5 -2 6 0 -1 7 0 -9 0 -3 0 10 50 100 170 270 SM ...... x ...... -68 5 -5 8 5 ’ -5 0 0 -3 8 0 - -3 1 5 -2 3 5 -1 6 0 - 9 5 -6 0 - 2 5 25 90 180 M id...... -8 3 0 -73 0 -6 4 5 -54 0 —475 -395 -330 -2 7 0 -24 0 -2 0 5 -16 0 -100 —20 SLM ...... -1 ,1 1 0 -1 ,0 1 0 -9 4 0 -8 4 0 ' —780 -6 9 5 -6 2 5 -5 9 0 -5 7 0 -54 5 -52 0 -480 —455

Gray —45 GM ...... 1 . -8 5 0 -7 5 5 -6 7 0 -56 5 -5 1 0 -4 2 5 -35 5 -3 1 5 -2 9 0 -26 5 -2 3 0 -16 5 -110 SM...... —950 -85 5 -770 -660 -610 -5 3 5 —475 —435 -415 -400 -3 7 0 . -320 —275 M id...... -1,185 -1,090 -1 ,0 1 5 —930 -8 7 5 -7 9 0 —735 -7 0 5 -6 9 0 -6 8 0 -6 6 5 -635 —610 SLM ...... -1 ,4 1 0 -1,315 -1,250 -1 ,1 7 0 -1 ,1 2 0 -1 ,0 4 0 . -9 9 5 -97 5 -9 7 0 -9 6 5 -9 5 5 —940 —930

Grade symbols: GM—GoodJÆiddling; SM—Strict Middling; M id—Middling; SLM —Strict Low Middling; LM —Low Middling; SGO—Strict Good Ordinary; G 0 -G ood O rdinary. Issued this 27th day of April 1959. February 2, 1959, the following determi­ (b) For pulling, topping, loading, or nation is hereby issued. W alter C. B erger, gIeaninB: Executive Vice President, § 861.12 Fair and reasonable wage per hour Commodity Credit Corporation. rates for persons employed in Cali­ California (except Imperial Valley), fornia, southern Oregon, and western southern Oregon and western Nevada- 80 [F.R. Doc. 59-3687; Filed, Apr. 30, 1959; Nevada in the production, cultivation, Imperial Valley------' 8:47 a.m.] or harvesting o f the 1959 crop of :c) For the operations specified above sugar beets. •formed by workers between 14 and 16 (a) Requirements. A producer of trs of age, or by workers certified by Title 7— AGRICULTURE sugar beets in California, southern Ore­ s local County Agricultural Stabibza- gon, and western Nevada shall be deemed n and Conservation Office to be handi- Chapter VIII— Commodity Stabiliza­ to have complied with the wage pro­ >ped because of age or physical or tion Service (Sugar), Department of visions of the act if all persons employed ¡ntal deficiency, the above rates may oe Agriculture on the farm in the production, cultiva­ luced by not more than one-thira. tion, or harvesting of the 1959 crop shall iximum employment is 8 hours per day SUBCHAPTER H— DETERMINATION OF WAGE have been paid in accordance with the ■ workers between 14 and 16 years o RATES following: ;, without deduction from Sugar Ac [Sugar Determination 861.12] ( 1 ) Wage rates. All such persons shall yments to producer. have been paid in full for all such work :d) For operating mechanical equip- PART 861— SUGAR BEETS; CALI­ and shall have been paid wages in cash mt, irrigating and all other operatio FORNIA, SOUTHWESTERN ARI­ therefor at rates as agreed upon between the production, cultivation, or harv - ZONA, SOUTHERN OREGON, AND the producer and the worker, and after f of sugar beets for which a rate is icified herein, the rate shall be as WESTERN NEVADA the date of publication of this sec­ tion in the F ederal R egister, not less reed upon between the producer a Wage Rates than the following: (i) When employed on a time basis. [if) when employed on a piecework Pursuant to the provisions of section (a) For thinning, hoeing, or weeding: ns. For work performed on a piec - 301(c)(1) of the Sugar Act of 1948, as rk basis the rate shall be as agree Cents on between the producer and amended (herein referred to as “act”), per hour after investigation, and consideration of California (except Imperial Valley), rker: Provided, That for the P® the evidence obtained at the public hear­ southern Oregon and western Nevada- 75 ns of thinning, hoeing, weeding. 1pun ing held in Berkeley, California, on Imperial Valley____- ______70 topping, loading, or gleaning

/ Friday, M ay 1, 1959 FEDERAL REGISTER 3489 beets, the average hourly rate of earn­ in accordance with this determination (c) 1959 wage determination. This ings paid to each worker for each opera­ may file a wage claim with the Agricul­ determination continues the wage rate tion shall be not less than the applicable tural Stabilization and Conservation and other provisions of the 1958 deter­ hourly rate specified under subdivision County Office against the producer on mination. (i) of this subparagraph when computed whose farm the work was performed. At the public hearing held in Berkeley, on the basis of the total time each such Detailed instructions and wage claim California, on February 2, 1959, inter­ worker is employed on the farm for the forms are available at the County Office. ested persons were afforded the oppor­ operation. . Such claim must be filed within two years tunity to testify with respect to fair and (2) Compensable working time. For from the date the work with respect to reasonable wage rates for workers em­ work performed under subparagraph (1) which the claim is made was performed. ployed in the production, cultivation, or of this paragraph, compensable working Upon receipt of a wage claim the County harvesting of the 1959 crop of sugar time includes all time which the worker Office shall thereupon notify the pro­ beets. spends in the performance of his duties ducer against whom the claim is made Representatives of producers recom­ except time taken out for meals during concerning the representation made by mended that the wage rates and other the work day. Compensable working the worker. The County ASC Commit­ provisions of the 1959 determination be time commences at the time the worker tee shall arrange for such investigation the same as for 1958. One witness stated is required to start work in the field and as it deems necessary and the producer that during recent years in certain pro­ ends upon completion of work in the and worker shall be notified in writing ducing areas yields of sugar beets have field. However, if the producer requires of its recommendation for settlement of declined and sucrose content has been the operator of mechanical equipment, the claim. If either party is not satis­ below average. He also stated that pro­ driver of animals or any other class of fied with the recommended settlement, ducers’ income has shown slight im­ worker to report to a place other than an appeal may be made to the State provement but not enough to keep up the field, such as an assembly point, Agricultural Stabilization and Conserva­ with increases in production costs. The stable, tractor shed, etc., located on the tion Office. The address of the State witness concluded that for these reasons farm, the time spent in transit from such Office will be furnished by the County the producers’ ability to pay is less than place to the field and from the field to Office. Upon receipt of the appeal the it has been in past years. Another wit­ such place is compensable working time. State Committee shall likewise consider ness testified that in 1958 hourly wage Any time spent in performing work di­ the facts and notify the producer and rates paid for hoeing and thinning rectly related to the principal work per­ worker in writing of its recommendation sugar beets ranged from 80 to 95 cents, formed by the* worker such as servicing for settlement of the claim. If the rec­ except in the Imperial Valley, where the equipment, is compensable working time. ommendation of the State Committee is rate was 70 cents. The hourly wage Time of the worker while being trans­ not acceptable, either party may file an rates for harvesting work ranged from ported from a central recruiting point or appeal with the Director of the Sugar 85 to 95 cents, except in the Imperial labor camp to the farm is not compen­ Division, Commodity Stabilization Serv­ Valley where the rate was 75 cents. sable working time. ice, U.S. Department of Agriculture, Piecework rates for thinning ranged (b) Applicability. The requirements Washington 25, D.C. All such appeals from $11 to more than $20 per acre ex­ of this determination are applicable to shall be filed within 15 days after receipt cept in the Imperial Valley where most all persons employed on the farm, except of the recommended settlement from the thinning was performed on an hourly as provided in paragraph

Chapter IX— Agricultural Marketing declared policy of the act, to make this in the F ederal R egister of April 4, 1959 Service (Marketing Agreements and section effective during the period here­ (24 F.R. 2624) pursuant to section 4 of Orders), Department of Agriculture inafter set forth so as to provide for the the Administrative Procedure Act (60 continued regulation of the handling of Stat. 238; 5 U.S.C. 1003) and in which [Grapefruit Reg. 126] grapefruit, and compliance with this sec­ there was set out in full the terms of the tion will not require any special prepara­ proposed amendment to the third sen­ PART 955— GRAPEFRUIT GROWN IN tion on the part of persons subject tence of § 245.1, Chapter I, Title 8, Code ARIZONA; IN IMPERIAL COUNTY, thereto which cannot be completed by of Federal Regulations, relating to the CALIF., AND IN THAT PART OF the effective time thereof. availability of visas under section 15 of RIVERSIDE COUNTY, CALIF., SITU­ (b) Order. (1) During the period be­the Act of September 11,1957, in section ginning at 12:01 a.m., P.s.t., May 3, 1959, ATED SOUTH AND EAST OF WHITE 245 proceedings. No representations and ending at 12:01 a.m., P.s.t., August were received concerning the proposed WATER, CALIF. 1, 1959, no handler shall handle: rule. The rule as set out below is Limitation of Shipments (1) Any grapefruit of any variety adopted. grown in the State of Arizona; in Im ­ The third sentence of § 245.1 Applica­ § 955.387 Grapefruit Regulation 126. perial County, California ; or in that part tion is amended to read as follows: “A of Riverside County, California, situated (a) Findings. (1) Pursuant to the special nonquota visa shall not be held to south and east of White Water, Califor­ marketing agreement, as amended, and be available under section 15 of the Act nia, unless such grapefruit grade at least Order No. 55, as amended (7 CFR Part of September 11, 1957, unless the alien, U.S. No. 2; or 955; 23 P.R. 6275; 8741), regulating the having been admitted as a nonimmigrant handling of grapefruit grown in the (ii) From the State of California orprior to April 18,1958, has been allocated the State of Arizona to any point outside State of Arizona; in Imperial County, such a visa by the Director, Office of thereof in the United States, any grape­ California; and in that part of Riverside Refugee and Migration Affairs, Depart­ fruit, grown as aforesaid, which measure County, .California» situated south and ment of State; any alien who believes less than 3%e inches in diameter, except eâst of White ^Water, California, effective that he qualifies for such a visa may sub­ that a tolerance of 5 percent, by count, under the applicable provisions of the mit his application therefor, prior to of grapefruit smaller than the foregoing Agricultural Marketing Agreement Act June 1, 1959, to any immigration office of 1937, as amended (7 U.S.C. 601 et minimum size shall be permitted which for submission to the Office of Refugee seq.), and upon the basis of the recom­ tolerance shall be applied in accordance and Migration Affairs, Department of with the provisions for the application of mendations of the administrative com­ State.” tolerances, specified in the revised United mittee (established under the aforesaid (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) amended marketing agreement and States Standards for Grapefruit (Cali­ order), and upon other available infor­ fornia and Arizona), §§ 51.925 to 51.955 The basis and purpose of the above- mation, it is hereby found that the of this title: Provided, That, in deter­ prescribed rule is to permit the utiliza­ limitation of shipments of grapefruit, as mining the percentage of grapefruit in tion of the remaining visas under section hereinafter provided, will tend to effec­ any lot which are smaller than 3%c 15 of the Act of September 11, 1957, in tuate the declared policy of the act. inches in diameter, such percentage shall section 245 proceedings under the Im ­ (2) It is hereby further found that itbe based only on the grapefruit in such migration and Nationality Act, as is impracticable and contrary to the pub­ lot which are of size 3*916 inches in diam­ amended, by any nonimmigrant ad­ eter and smaller. lic interest to give preliminary notice, mitted prior to April 18, 1958. engage in public rule-making procedure, (2) As used herein, “handler,” “vari­ This order shall become effective on and postpone the effective date of his ety,” “grapefruit,” and “handle” shall the date of its publication in the F ed­ section until 30 days after publication have the same meaning as when used in eral R egister. Compliance with the re­ thereof in the F ederal R egister (60 Stat. said amended marketing agreement and quirements of section 4(c) of the Ad­ 237; 5 U.S.C. 1001 et seq.) because the order; the term “U.S. No. 2” shall have ministrative Procedure Act relating to time intervening between the date when the same meaning as when used in the delayed effective date is unnecessary in information upon which this section is aforesaid revised United States Stand­ this instance because the persons affected hased became available and the time ards for Grapefruit; and “diameter” by the foregoing rule will not require when this section must become effective shall mean the greatest dimension mea­ additional time. sured at right angles to a line from thé ^ ^ff^^uate the declared policy Dated: April 27, 1959. oi the act is insufficient ; a reasonable stem to blossom end of the fruit. time is permitted, under the circum­ (Secs. 1-19, 48 Stat. 31, as amended: 7 U.S.C. J. M . S w in g , stances, for preparation for such effec- 601-674) Commissioner of ive .time; and good cause exists for Dated: April 28, 1959. Immigration and Naturalization. w the Provisions hereof effective [F.R. Doc. 59-3691; Filed, Apr. 30, 1959; not later than May 3, 1959. Shipments S. R. S m it h , 8:48 a.m.] grapefruit, grown as aforesaid, have Director, Fruit and Vegetable n subject to regulation by grades and Division, Agricultural Mar­ imfS’ pursuant to the amended market- keting Service. ioMeemen*' and order since October [P.R. Doc. 59-3701; Filed, Apr. 30, 1959; Title 13— BUSINESS CREDIT 3 ’iqcq ’’ wil1 so continue until May 8:50 a.m.] t“ e recommendation and sup- AND ASSISTANCE Iah J?1B form ation for continued regu- S Ubse2ueilt t0 May 2» 1959» were Chapter 1—Small Business after submitted to the Department Title 8— ALIENS AND Administration tratL o 0pen meeting of the Adminis- [Rev. 1] meehni0mnuttee on APril 23,1959 ; such NATIONALITY menrin+LWas* held *° consider recom- Chapter I— Immigration and Natural­ PART 121— SMALL BUSINESS SIZE d u ? n o £ f i ° r regulation, after giving ested ni1™ 0f such meeting, and inter- ization Service, Department of STANDARDS Justice nitv f f W were afforded an opportu- The Small Business Size Standards m £tW . K bmit fheir views at this PART 245— ADJUSTMENT OF STATUS (23 F.R. 10514), as amended (24 F.R. Including Provisions of this section, 1246) is hereby rescinded in its entirety Identicaf ^.e ®ff®ctive time thereof, are OF NONIMMIGRANT TO THAT OF A PERSON ADMITTED FOR PERMA­ and the following is substituted in lieu ^ridation^f the aforesaid recom- thereof: mation pin? tbe c°mmittee and infor- NENT RESIDENCE Sec. effective +ilerniJlg such Provisions and Application; Availability of Visas 121.3 Statutory provisions. among h » r ^ e 1x85 been disseminated 121.3- 1 Purpose. necessa?v rs of such grapefruit; it is Reference is made to the notice of pro­ oessary, m order to effectuate the 121.3- 2 Definition of terms. posed rule making which was published 121.3- 3 Organization. 3492 RULES AND REGULATIONS

Sec. control the other, or (2) a third party affiliates based on the number of persons 121.3- 4 Application for size determination (other than an investment company employed during the pay period ending and Small Business Certificate. licensed under the Small Business In ­ nearest the 15th day of the third month 121.3- 5 Protest of small business status. vestment Act of 1958 or registered under 121.3- 6 Appeals. in each calendar quarter for the preced­ 121.3- 7 Differential for Alaska. the Investment Company Act of 1940, as ing four quarters. If a concern has not 121.3- 8 Definition of small business for amended), controls or has the power to been in existence for four full calendar Government procurement. control both. In determining whether quarters, “number of employees” means 121.3- 9 Definition of small business for concerns are independently owned and the average employment of such concern sales of Government property. operated and whether or not affiliation and its affiliates during the period such 121.3- 10 Definition of small business for exists, consideration shall be given to all concern has been in existence based on SBA business loans. appropriate factors including common the number of persons employed during 121.3- 11 Definition of siftall business for in­ ownership, common management and vestment companies. the pay period ending nearest the 15th contractual relationships. day of each month. Au tho rity: §§ 121.3 through 121.3-11 is­ (b) “Annual sales or annual receipts” (j ) “Small Business Certificate” means sued under Pub. Law 85—536 sec. 5, 72 Stat. means the annual sales or annual re­ a certificate issued by SBA pursuant to 385. ceipts of a concern and its affiliates dur­ the authority contained in sections 3 § 121.3 Statutory provisions. ing its most recently completed fiscal and 8(b) (6) of the Act certifying that Sec. 3. For the purposes of this Act, a small year. the holder of the certificate is a small business concern shall be deemed to be one (c) “Crude-oil capacity” means the business concern for the purpose of Gov­ which is independently owned and operated maximum daily average crude through­ ernment procurement and in accordance and which is not dominant in its field of op­ put of a refinery in complete operation, with the terms of the certificate. eration. In addition to the foregoing criteria with allowance for necessary shutdown (k) “United States” as used in this the Administrator, in making a detailed time for routine maintenance, repairs, v regulation includes the several States, the definition, may use these criteria, among etc. It approximates the maximum Territories and possessions of the United others: Number of employees and dollar daily average crude runs to stills that volume of business. Where the number of States, the Commonwealth of Puerto employees is used as one of the criteria in can be maintained for an extended Rico, and the District of Columbia. period. making such definition for any of the pur­ § 121.3—3 Organization. poses of this Act, the maximum number of (d) “Certificate of competency” means employees which a small business concern a certificate issued by SBA pursuant to (a) Size determinations and the re­ may have under the definition shall vary the authority contained in section 8(b) lated activities authorized by sections 3 from industry to industry to the extent nec­ (7) of the Act stating that the holder of and 8 (b )(6 ) of the Act is administered essary to reflect differing characteristics of the certificate is competent as to capac­ through the Office of Economic Adviser, such industries and to take proper account ity and credit, to perform a specific Gov­ Small Business Administration, Wash­ of other relevant factors. ernment procurement or sales contract.' ington 25, D.C. The Director of this ***** (e) “Concern” means any business Office is responsible for recommending Sec. 8(b) It shall also be the duty of the entity, including but not limited to, an size standards, issuing Small Business Administration and it is hereby empowered, individual, partnership, corporation, Certificates, and making size determina­ whenever it determines such action is nec­ tions on original applications and upon essary— joint venture, association or cooperative. (6) To determine within any industry the (f) “Contracting Officer” means the appeals. In addition, the SBA Regional concerns, firms, persons, corporations, part­ person executing a particular contract Directors may make certain size deter­ nerships, cooperatives, or other business on behalf of the Government, and any minations as set forth in this part. enterprises which are to be designated other employee who is properly desig­ (b) An application for a size determi­ “ small business concerns” for the purpose of nated Contracting Officer; the term in­ nation or Small Business Certificate shall effectuating the provisions of this Act. To cludes the authorized representative of be submitted to SBA in accordance with carry out this purpose the Administrator, a Contracting Officer acting within the the regulations contained in this part. when requested to do so, shall issue in re­ sponse to each such request an appropriate limits of his authority. § 121.3-4 Application for size determi­ certificate certifying an individual concern (g) “Non-manufacturer” means any nation and Small Business Certifi­ as a “ small business concern” in accordance concern which in connection with a cate. with the criteria expressed in this Act. Any specific Government procurement con­ such certificate shall be subject to revoca­ tract, other than a construction or serv­ (a) An application for a size determi­ tion when the concern covered thereby ice contract, does not manufacture, pro­ nation or Small Business Certificate shall ceases to be a "small business concern.” duce or furnish the products or services be submitted on SBA Form 355, in trip­ Offices of the Government having procure­ required to be furnished by such pro­ licate, to any SBA field office serving the ment or lending powers, or engaging in the area in which the applicant is located. disposal of Federal property or allocating curement. Noii-manufacturer includes a concern which can furnish the products The application must be complete ana materials or supplies, or promulgating regu­ any supporting materials must be^ at­ or services referred to in the specific lations affecting the distribution of materials tached thereto. Detailed instructions or Supplies, shall accept as conclusive the procurement but does not manufacture, Administration’s determination as to which produce or furnish such products or serv­ on filling out application Form 355 are enterprises are to be designated “ small busi­ ices in connection with that procure­ attached thereto. . (b) Completed SBA Forms 355 involv­ ness concerns,” as authorized and directed ment. under this paragraph. (h ) A concern is “not dominant in its ing requésts for Small Business Certi - cates or questions of dominance shai § 121.3—1 Purpose. field of operation” when it does not ex­ ercise a controlling or major influence reviewed by the Regional Director an This regulation establishes criteria in a kind of business activity in which Regional Counsel to develop additional and procedures to define and determine a number of business concerns are pri­ facts, if necessary, and then shaU be i ' which concerns are “small business marily engaged. In determining whether warded, without action, to the Office o concerns” within the meaning of the dominance exists, consideration shall be Economic Adviser. All Small Bus Small Business Act, as amended (here­ given to all appropriate factors includ­ Certificates and determinations on inafter referred to as the “Act”). ing volume of business, number of em­ tions of dominance will be issued by §121.3—2 Definition of terms. ployees, financial resources, competitive Office of Economic Adviser. , status or position, ownership or control (c) Completed SBA Forms 355 mvoiv (a ) “Affiliates: ” Business concerns are of materials, processes, patents and li­ ing questions of affihationsh^lte affiliates of each other when either di­ cense agreements, facilities, sales terri­ rectly or indirectly (1) one concern tory, and nature of business activity. viewed by the Regional Dir^ lop (other than an investment company Regional Counsel in order to d e v ^ (i) “Number of employees”, except as licensed under the Small Business In­ additional facts, if necessary, ^ SBA otherwise determines in a particular vestment Act of ,1958 or registered under Regional Director may issue dete® “ industry or part thereof, means the aver­ the Investment Company Act of 1940, as tions on the applications or may amended), controls or has the power to age employment of any« concern and its Friday, May 1, 1959 FEDERAL REGISTER 3493 that such determinations be made by the (1) General definition. Any business the concern so certified shall be pub­ Office of Economic Adviser. concern (not otherwise defined in this lished in Schedule B of this part. (d) Completed SBA Forms 355 whichsection) is small if: (i) Its number of (d) Self certification by a small busi­ are submitted for a determination as to employees does not exceed 500 persons ness. In the submission of a bid or pro­ whether the requirements of §121.3-8 or (ii) it is certified as a small business posal on a Government procurement, a (a) or (b), § 121.3-9, or § 121.3-10 have concern by SBA. concern which meets the criteria of been met, shall be reviewed by the Re­ (2) Construction industry. Any busi­ paragraph (a) or (b ) of this section may gional Director and Regional Counsel. ness concern in the construction industry represent that it is a small business. In If it is clearly shown that the applicant is small if its average annual receipts for the absence of a written protest, such meets such requirements and if the size the preceding three fiscal years do not concern shall be deeiped to be a small ¡Status of the concern is not being ques­ exceed $5,000,000. business for the purpose of the specific tioned, the Regional Director may issue (3) Food canning and preserving in­ Government procurement involved. the necessary determinations including dustry. Any business concern in the food advice to the applicant that it may rep­ canning and preserving industry is small § 121.3—9 Definition o f small business resent that it is a small business on Gov­ if its number of employees does not ex­ for sales of Government property. ernment bidding forms in accordance ceed 500 persons exclusive of agricultural (a) General definition. [Reserved] with § 121.3-8(d) or § 121.3-9(0. labor as defined in subsection (k) of the (b ) Sales of Government-owned tim­ Federal Unemployment Tax Act, 68A ber. (1) In connection with the sale of § 121.3—5 Protest o f small business Stat. 454, 26 U.S.C. (I.R.C. 1954) 3306. status. Government-owned timber a small busi­ (4) Petroleum refining industry. Any ness is a concern that: (a) Any Contracting Officer, bidder or business concern in the petroleum re­ (1) Is primarily engaged in the logging offerer may, prior to award, question the fining industry is small if its number of or forest products industry; small business status of the apparently employees does not exceed 1,000 persons (ii) Is independently owned and op­ successful bidder or offerer by sending a and it does not have more than 30,000 erated; written protest to the SBA Regional Di­ barrels-per-day crude-oil capacity from (iii) Is not dominant in its field of op­ rector for the region in which the appar­ owned and leased facilities. eration; and ently successful bidder or offerer has its (b) Definition of a small business non- (iv) Together with its affiliates em­ principal place of business. Such pro­ manufacturer. Any concern which sub­ ploys not more than 100 persons. ✓ test shall contain a statement of the mits a bid or offer in its own name, other (2) Any concern which submits bids basis for the protest and the facts nec­ than a construction or service contract, or offers for the purchase of Govern­ essary to support the protest. The Re­ but which proposes to furnish a product ment-owned timber in its own name but gional Director shall promptly notify the not manufactured by said bidder or of­ which proposes to resell such timber in Contracting Officer of the date such pro­ ferer, is deemed to be a small business the form of logs, bolts, pulpwood or test was received and will advise the concern when: similar products is a small business con­ bidder in question, that its size status is (1) It is a small business concern with­ cern only when : under review. in the meaning of paragraph (a) of this (i) It is a small business concern (b) SBA will, within ten days, if pos­ section, and within the meaning of subparagraph (1) sible, after receipt of a protest, investi­ (2) In the case of Government pro­ of this paragraph, and gate and determine the small business curement reserved for or involving the (ii) In the case of Government sales status of the apparently successful bidder preferential treatment of small busi­ reserved for or involving the preferential and notify the Contracting Officer, the nesses or one involving equal bids, such treatment of small businesses, such pur­ protester, and the apparently successful non-manufacturer shall furnish in the chase is not financed by or through a bidder of its decision. performance of the contract the products concern which is not small within the § 121.3—6 Appeals. of a small business manufacturer or pro­ meaning of § 121.3-8 or, if the purchase ducer which products are manufactured Any Contracting Officer, bidder or is financed by a business in the forest or produced in the United States: Pro­ products industry, this section. offerer, who has questioned- the small vided, however, If the goods to be fur­ business status of a concern pursuant to (c) Self certification of a small busi­ nished are wool, worsted, knitwear, duck, ness. In the submission of a bid or pro­ § 121.3-5, or any concern which has been webbing and thread (spinning and fin­ denied small business status by SBA may posal for the purchase of Government- ishing) ^non-manufacturers (dealers and appeal a size determination by filing an owned property, a concern which meets converters) shall furnish such products appeal with the Director, Office of Eco­ which have been manufactured or pro­ the criteria of paragraph (b) of this sec­ nomic Adviser, Small Business Admin­ duced by a small weaver (small knitter tion, may represent that it is a small istration, Washington 25, D.C. The for knitwear) and, if finishing is re­ business. In the absence of a written appeal must be in writing, signed by the quired, by a small finisher. protest, such concern, shall be deemed applicant, or its authorized representa- (c) Small Business Certificates. Any to be a small business for the purpose of r - a n d shall contain the basis therefor, concern employing more than 500 per­ the specific Government sale involved. ««ether with any new supporting facts. sons but not more than 1,000 persons § 121.3-7 Differential for Alaska. engaged in an industry or a field of op­ § 121.3—10 Definition o f small business for SBA business loans. tin * aPPhcant for a size determina- eration characterized by a large number uon is a concern located in Alaska, then, of employees, may apply to the SBA field A small business concern for the pur­ « 8 » <

(c) Food canning and preserving in­ Schedule A—E mployment Size Standards P ursuant to § 121.3-l(T(d)(3) dustry. Any concern primarily engaged in the food canning and preserving in­ Census C lassifi­ In d u stry E m ploym ent size standard (number of dustry is small if its number of employees cation employees) ( does not exceed 500 persons exclusive of C ode agricultural labor as defined in subsec­ tion (k) of the Federal Unemployment \ APPAREL*AND RELATED PRODUCTS Tax Act, 68A Stat. 454, 26 U.S.C. (I.R.C. 2389 250 1954) 3306. 2393 250 (d) Manufacturing. Any manufac­ 2387 B eits ...... - ...... 250 2331 250 turing concern is classified: 2394 250 (1) As small if it employs 250 or fewer 2386 250 2329 250 employees; 2363 250 (2) As large if it employs more than 2342 250 2391 250 1,000 employees; 2361 250 (3) Either as small or large, depend­ 2334 250 ing on its industry and in accordance 2333 250 2398 250 with the employment size standards set 2397 250 forth in Schedule “A ” of this part, if it 2371 250 2381 250 employs more than 250 but not more 2382 ' 250 than 1,000 employees. 2388 250 2326 250 (e) Retail. Any retail concern is 2325 250 classified: 2392 250 2351 250 (1) As small if its annual sales are 2323 250 $1,000,000 or less; 2338 250 (2) As small if it is primarily engaged 2385 250 2369 250 in making retail sales of groceries and 2339 250 fresh meats and its annual sales are 2384 250 2321 250 $2,000,000 or less; 2328 250 (3) As small if it is primarily engaged 2312 250 2311 250 in making retail sales of new or used 2337 250 motor vehicles and its annual sales are 2383 250 ~ 2399 250 $3,000,000 or less. 23% 250 ( f ) Service trades. Any service trades 2327 250 2395 , 250 concern is small if its annual receipts are 2322 250 $1,000,000 or less except that any hotel 2341 250 or power laundry is small if its annual CHEMICALS AND ALLIED PRODUCTS receipts are $2,000,000 or less. 2887 500 (g) Taxicabs. Any taxicab concern is 2812 1,000 2831 250 small if its annual receipts are $1,000,000 2895 750 or less. 2899 250 2842 500 (h ) Trucking and warehousing. Any 1,000 2852 1,000 2822 trucking and warehousing (local and 500 2821 1,0M long distance) concern is small if its 2826 2871 500 annual receipts are $3,000,000 or less. 500 2872 1)000 (i) Wholesale. Any wholesale con­ . 2825 28% Oases, compressed and liquefied...______.... ------750 cern is small if its annual dollar volume 2894 Glue and gelatin ____ .______250 of sales is $5,000,000 or less. Any whole­ 2886 Grease and ta llo w ...... ______250 2863 sale concern also engaged in manufac­ 2861 Hardwood distillation ______250 turing is not a “small business concern” 2891 Ink, printing______... ______... _____ ...... ______-— 250 2819 750 unless it so qualifies under both the 2897 500 2833 Medicinal chemicals" including botanicals______750 manufafcturing and wholesaling stand­ 2881 Oil mills, cottonseed..____ ... ______...... 2o0 ards. 2882 2883 Oil mills, soybean...______!------500 (j) Other standards. If a concern is 2884 Oil mills, vegetable, n.e.c...... ___ ...... ______250 engaged in the production of a number 2889 250 2843 Oils and assistants, sulionated______250 of products or the providing of a variety 2892 Oils, essential______250 of services which are classified into dif­ 2829 2851 Paints and varnishes______250 ferent industries, the appropriate stand­ 2834 750 750 2823 Plastics materials and elastomèters, except synthetic rubber... 1,000 ard to be used is that which has been 2824 established for the industry or activity 2898 1,000: 2841 in which it is primarily engaged. If 2862 ■ í,óóó no standard for an industry or activity 2811 2865 Tanning and dyeing materials______has been set out in this regulation, a con­ 2893 Toilet preparations______...... ______500 cern seeking a size determination should 2853 Whiting and fillers...______... ___ .... ______...... 25Ö" submit SBA Form 355 to the SBA field e l e c t r ic a l m a c h in e r y office serving the area in which the ap­ 750 3621 ■ 1,000 plicant is located. 3692 3691 750 § 121.3—11 Definition o f small business 3612 ... 3669 500 ...... —** fo r investment companies. 3616 Control apparatus," electrical______500 500 3699 750~ See § 107.103-1 of this chapter. 3641 500 This regulation shall become effective 3619 m i n i l i " ì ; òw 3651 500 on May 22,1959. 3613 75Ö" 3614 750 W endell B. B arnes, 3663 750 3661 Radios and related products___ .’ . ______----- [■ " i, f i » Administrator. 3664 Telephone and telegraph equipment...... - l i l i l í . . . . A p r il 22, 1959. See footnotes at end of table. Sch ed ule A —E m p io t j iS n i Size Standard s P u rsu an t to J121.3-10(d)(3)—Continued Schedule A —E m plo ym e n t Size Standard s P u rsu an t to § 121.3- l 0(d) (3) —Continued 1959 1, May Friday,

Census / Census Classiti-/ In d u stry Employment size standard (number of Classiti I In du stry Employment size standard (number of cation / employees) i cation employees) * Code 1 Code

e l e c t r ic a l m a c h in e r y — co n tin u e d P p o o d a n d k in d r e d p r o d u c t s — co n tin u e d 3615 | Transformers______. ______...... 750 2027 M ilk, fluid, and other dairy products^______.. . 250 3662 Tubes, electronic______;______1,000 2035" Pickles and sauces______250 f 3617 Welding apparatus, electrical______250 2015 Poultry dressing plants_____ s ______250 3631 Wire-arid cable, insulated______750 2044 Rice milling______250 3611 Wiring devices and supplies______500 2031 Seafood, canned______250 3693 X-ray and therapeutic apparatus______\______1_____ v 500 2036 Seafood, packaged______250 • 2092 Shortening and cooking oils______750 FABRICATED METAL PRODUCTS 2081 Soft drinks, bottled ______260 2063 Sugar, beet______750 3491 Barrels, drums and pads, metal...... 500 2061 Sugar, raw cane______•___ 250 3443 Boiler shop products______250 2062 Sugar, refining, ca n e ...... 750 3494 Bolts, nuts, washers and rivets______500 - 2084 Wines pid brandy...... 250 3421 Cutlery______500 3442 Doors,"sash and trim, metal______250 FURNITURE AND FIXTURES 3465 Enameling and lacquering______250 3467 Engraving on m etal...... 250 2599 Furniture and fixtures, n.e.c...... 250 3424 Files...... 750 2511 House furniture, wood, not upholstered______250 3497 Foil, metal______.... ______..... 500 2514 Household furniture, metal______250 3466 Galvanizing..______250 2519' Household furniture, n.e.c______250 3429 Hardware, n.e.c______250 2512 Household furniture, upholstered...______•______250 3439 Heating and cooking equipment, n.e.c______500 2516 Mattresses and bedsprfngs______250 3471 Lighting fixtures...... ______250 2522 Office furniture, metal____ i______500 3499 -Mfetal products, fabricated, n .e.c..______260 2521 Office furniture, wood______.'■■■■ 250 3481 Nails and spikes______500 . 2541 Partitions and fixtures______250 3468 Plating and polishing...... 250 2532 Professional furniture______250 3431 Plumbing fixtures and fittings______i ______500 2531 Public building furniture______250 FEDERAL REGISTER 3492 Safes and vau lts______..... ______500 2591 Restaurant furniture____ .... ______250 3425 Saws and saw blades, hand______..... 250 2561 Screens, window and door______250 3495 Screw-machine products______250 2562 Shades, w indow ______500 3444 Sheet-metal work______250 2563 Venetian blinds______250 3463 Stampings, m etal..______250 3493 Steel springs______500 INSTRUMENTS AND RELATED PRODUCTS 3441 Structural and ornamental products______I______250 3411 Tin cans and other tinware______. 1,000 3843 Dental equipment and supplies______250 3422 Tools, edge______250 3821 Measuring instruments, mechanical______500 3423 Tools, hand, n.e.c______250 3851 Ophthalmic goods______250 3496 Tubes, collapsible______250 3831 Optical instruments and lenses______250 3461 Vitreous-enameled products____ _*______250 3861 Photographic equipment...... 3489 Wirework, n.e.c______■______750 250 3811 Scientific instruments______500

3841 Surgical and medical instruments______3495 _____ ... 250 FOOD AND KINDRED PRODUCTS 3842 Surgical applicances and supplies______250 3872 Watchcases.______250 2042 Animal feeds, prepared...... 250 3871 Watches and clocks______500 2082 Beer and ale______500 2052 Bifecuit, crackers and pretzels______750 LEATHER AND LEATHER PRODUCTS 2051 Bread and other bakery products...... 250 2021 Butter, creamery______250 3121 Belting, industrial leath er....______250 2043 Cereal breakfast foods...... 750 3131 Footwear cut stock______.. 250 2022 Cheese, natural______250 3141 Footwear, except rubber______500 2073 Chewing gum ...... 500 3151 Gloves, leather dress...... 250 2072 Chocolate and cocoa products...... 500 3152 Gloves, leather work...... 250 2071 Confectionery products...... 250 3171 Handbags and purses....______250 2094 Corn wet milling ...... 750 3199 Leather goods, n.e.c______250 2025 Dairy products, special...... 250 3172 Leather goods, small______250 2032 Fish, cured...... 250 3161 Luggage...... ! ...... 250 2095 F lavorin gs______... ______500 3192 Saddlery; harness, and whips______250 2041 Flour and meal______■...... 500 3142 Slippers, house...... 250 2045 Flour mixes...... 500 3111 Tanning and finishing leather______y__. 250 2099 Food preparations, miscellaneous, n.e.c______250 2033 Fruits and vegetables, canned______500 LUMBER AND PRODUCTS, EXCEPT FURNITURE 2034 Fruits and vegetables, dehydrated______500 2037 Fruits and vegetables, frozen...... 500 2441 Baskets, fruit and vegetable______250 2097 Ice, xhaufactured______250 2443 Boxes, cigar______250 2024 Ice cream and ices______250 2444 Boxes, wooden______2091 250 Leavening compounds______500 2445 Cooperage..______250 2085 Liquor, distilled.______750 2424 Cooperage stock mills...... 250 2098 Macaroni and spaghetti______250 2425 Excelsior mills______2083 250 250 2493 Frames, mirror and picture______250 2093 M argarine______2492 Lasts and related products______2011 Meat packing plants...... 250 500 2411 Logging camps and logging contractors...... 250 2013 Meats, prepared______500 2431 Millwork plants...... 2023 M ilk, concentrated______250 500 2432 Plywood plants...... 250 2026 M ilk, fluid...... 250 2442 Rattan arid willow ware______250 2421 See footnotes at end of table. Sawmills and planing mills_____ ,____ ,;250 I 2423 Shingle m ills______250 1...... 3496 Schedule A—E mployment Size Standards P ursuant to |121.3-10(d) (3)—Continued Schedule A —Employment Size Standards P ursuant to §121.3-I0(d) (3)—Continued

Census Census Classifi- In du stry Employment size standard (number of Classifi­ In du stry Employment size standard (number of catlon emplqyees) > cation employees)1 Code Code

LUMBER AND PRODUCTS, EXCEPT FURNITURE— Continued miscellaneous manufactures— c o n tin u e d 2422 Veneer m ills:______. . ... ______. . . 250 3964 250 2491 -250 3932 250 2499 250 3952 250 2433 Wood products, prefabricated...... -...... 250 3951 500 3933 500 MACHINERY (EXCEPT ELECTRICAL) 3931 500 3996 250 3593 Bearings, hall and roller ...... 750 3971 250 3564 Blowers and fans . 250 3987' 250 3571 Computing and related machines ...... ' ...... 1,000 3993 250 3531 500 3914 500 3563 Conveyors...... ' ._ ■- 250 3997 250 3544 Dies and tools, special...... 256 3949 250 3562 Elevators and escalators 500 3953 250 3519 Engines, Internal-combustion ...... 1,000 3995 250 3511 Engines and turbines, steam...... _ 1,000 3943 250 3522 500 3551 Food-products machinery...... 250 PAPER AND ALLIED PRODUCTS 3567 Furnaces and ovens, industrial . _ ...... 250 2661 500 3569 Industrial, general, machinery, n.e c____ .___ 250 2671 250 3559 Industry, special, machinery, n.e.c______250 2613 750 3582 Laundry and dry-cleaning machinery...... 250 2641 500 3581 Laundry equipment, domestic 1,000 2651 250 REGULATIONS AND RULES 3599 Machine shops____ 1______250 2674 250 3541 Machine tools______500 2691 250 3545 Metalworking machinery attachments , , 250 2699 500 3542 500 2612 750 3579 Office and store machines! n.e.c___ .______600 2694 500 3532 Oil-field machinery and tools. ___ 500 2611 750 3554 Paper-industries machinery.______. . . ___ 250 2693 250 3594 Patterns and molds, industrial______250 3592 PiDe and fittings, fabricated.. ___ _ . 250 PETROLEUM AND COAL PRODUCTS 3566 Power-transmission equipment______!______500 3555 Printing-trades machinery_____ 500 2931 1,000 3561 Pumps and compressors______500 2932 1,000 3586 PumDS. measuring and dispensing. 750 2992 500 3585 Refrigeration machinery.______I... ______750 2951 250 3576 Scales and balances______250 2999 250 3589 Service and household machines, n .e,c..,______250 2911 1,000 3583 Sewing machines______’ ___ ...... 750 2952 500 3568 Stokers, mechanical______500 3552 Textile machinery______. ______250 PRIMARY METAL INDUSTRIES 3521 Tractors— ...... 1,000 3565 Trucks and tractors, industrial______T__ 250 3334 1,000 3572 Typewriters...... •,______1,000 3352 750 3584 Vacuum cleaners______750 3331 1,000 3591 Valves and fittings, exceDt plumbing ______500 3351 750 3553 Woodworking machinery______1 ______250 3313 750 3321 500 MISCELLANEOUS MANUFACTURES 3322 500 3361 250 3990 Ammunition, arms, small .. . ______1,000 3323 500 3989 Arms, small______500 3391 500 3954 Artists’ materials______250 * 3332 . 1,000 3991 Beauty and barber shop equipment...... 250 3399 750 3981 Brooms and brushes______250 3359 r 500 3963 Buttons...... 250 3339 750 3984 Candles______250 3341 250 3955 Carbon paper and inked rihhons ...... 250 » 3393 750 3982 Cork products______250 3312 1,000 3942 Dolls...... 250 3392 750 3985 Fireworks and pyrotechnics______250 3333 750 3962 Flowers, artificial______250 3992 Furs, dressed and dyed______250 PRINTING AND PUBLISHING INDUSTRIES 3941 Qames and toys, n.e.c____ 250 3994 H air w ork______250 2783 250 3912 Jewelers’ findings... _ _ . . . 250 2782 250 3986 Jewelry and instrument cases______250 2781 250 3961 Jewelry, costume...... 250 2789 250 3911 Jewelry (precious m etal)______. _____ 250 2732 250 3913 Lapidary work...... 250 273Í 250 3983 M atches______500 2771 250 399E 1 Miscellaneous products, n.e.c .. 250 2794 25 0 398Í 1 Morticians’ goods. .. 250 2792 250 393S 1 Musical instruments, n.e.c___ .... __ __ 250 ...... 250 See footnotes at end of table. 2711 1 Newspapers-.-.______•_____-_-___...------250 Friday, M a y 1, 1959 FEDERAL REGISTER 3497 Schedule A—Employment Size Standards Pursuant to $ 121.3-10(d) (3)—Continued Schedule B—Industries and Fields op Oper­ ation in Which the Small Business Census Administration Has Issued Small Busi­ Classifi­ Industry - Employment size standard (number of ness Certificates Pursuant to § 121.3-8(c) cation employees)1 Code Small business certificates for the purpose of Government procurement which have p r in t in g a n d p u b l is h in g in d u s t r ie s — continued been issued include specified classes of com­ modities or products as indicated in the fol­ 2721 250 lowing manufacturing industries. The 2793 250 2751 250 classification number preceding each named 2741 250 industry contained herein is based upon the 2791 250 Bureau of the Census Code in thel954 Cen­ RUBBER PRODUCTS sus of Manufactures. 3021 1,000 1. Apparel and related products 3031 500 3099 500 2394 Canvas products. 3011 1,000 2. Chemicals and allied products stone, clay and glass products 2896 Gases, compressed and liquified. 3291 250 Acetylene, argon, hydrogen, nitrogen 3292 750 and oxygen. 3251 250 3241 500 2823 Plastics materials and elastometers, 3265 250 except synthetic rubber. 3259 250 Vulcanized fiber (sheets and rods) 3271 250 and laminated plastics (sheets, 3221 750 3281 250 rods and tubes). 3211 1,000 2811 Sulfuric acid. 3293 500 3231 250 3. Electrical machinery 3229 750 3272 1,000 3621 Appliances, electrical. 3274 500 Electric kitchen ranges. 3299 250 3616 Control apparatus, electrical. 3275 500 3295 250 Electromechanical ^systems Includ­ 3261 Plumbing fixtures, vitreous______500 ing electromechanical actuators 3264 500 (linear and rotary), special Elec­ 3269 250 trical controls for continuous duty 3255 250 3297 500 in an enclosure and electric 3254 Sewer pipe.______'_____ ...... 250 brakes. 3298 250 3641 Engine electrical equipment. 3253 500 Automotive switchgear. 3263 500 3262 500 3619 Industrial apparatus, electrical, n.e.c.1 Capacitors and rectified power sup­ TEXTILE MILL PRODUCTS ^ plies. 3651 Lamps, electric. 2273 250 2271 750 Automotive lamps. 2298 500 3613 Measuring instruments, electrical. 2295 250 Microwave test equipment, hydraulic 2241 Fabric, narrow, mills...... t ______250 2233 750 test stands and other unspecified 2234 500 types of electronic test equipment. 2213 500 3614 Motors and generators. 2291 Felt goods, n.e.c.—______250 Electric motors (fractional horse­ 2274 750 2281 Hats and hat bodies, fu r -fe lt...... 250 power motors, shaded-pole mo­ 2282 250 tors) , engine and motor generator 2283 Hats, straw______1______250 sets and frequency inverters. 2284 Hatters’ fu r._____ 250 3661 Radios and related products. 2251 250 2252 Hosiery, seamless, mills______-.______250 Specified electronics products and 2256 Knit fabric mills.______-_____ 250 assemblies, such as loud speakers, 2255 K n it g lo v e m ills ______250 microphones, amplifiers (includ­ 2253 Knit outerwear m ills ______250 ing magnetic and servo), public 2254 Knit underwear m ills- ______250 2259 Knitting mills, n .e.c...... 250 address and sound systems, capac­ 2292 L a c e g o o d s ...... 250 itors and filters, radio navigation 2293 Paddings and uohoM ery filling 2211 250 aids (Including military sonar 2261 250 equipment), thermistors,, relays, 2216 500 resistors, rheostats, microwave 2299 Textile finishing, wool . 250 2294 Textile goods, n.e.c ...... 250 components, radomes— 50 feet or 2223 Textile waste, processed ______250 more in diameter, power supply 2224 Thread m ills ______; 500 vibrators, telemetering and data 2212 500 processing, and complete radio 2222 250 Y a r n th r o w in g m i l k P ...... " " " 7 ...... 250 beacon systems for air/sea rescue operations and tactical purposes. TOBACCO manufacturers 3615 Transformers. 2131 Chewing and smoking tobacco ______500 Dry-type transformers, current regu­ 2111 Cigarettes.. ------> 2121 1,000 lators, constant voltage direct cur­ 2141 C iga rs. 500 rent power supplies and mercury Stemming and redrying tobacco ____ 500 vapor lamp ballasts. 3662 Tubes, electronic. 3721 A irc ra ft transportation equipment 3722 1 000 Silicon diodes and transistors, micro- 3729 Aircraft engines. l ’ 000 wave tubes and devices, and spe­ 3723 Aircraft equipm ent, n.e.c. 1^000 3732 Aircraft propellers. . 1,000 cial purpose cathode ray tubes. 3741 j>oat building and repairing. . 250 3631 Wire and cable, insulated. Locomotives and parts 1,000 3751 4. Fabricated metal products 3717 Motorcycles a n d b ic y c le s ...... I...... 500 Motor vehicles and parts _ 3742- 1,000 3491 Barrels, drums and pails, metal. 3731 oLi r?ad and streetcars...... 750 3716 °oip building and repairing ...... - 750 Metal. shipping containers for air­ T ra ile rs , a u t o m o b i l e . . . . . ? ^ ...... ' 250 craft engines. 3715 Trailers, truck 3799 500 3443 Boiler shop products. 3713 itansportation equipm ent, n .e.c...... 250. —truck and bus bodies Altitude and environmental test The chambers, vacuum systems, wind w* persons chidIov h a ft J n! m e average employment ui aiiy tuuteru d>ntilts dmiidrteo udseu on m e iiumuer the precedw auf in8 the pay period ending nearest the 15th of the third month in each calendar quarter for tunnels and nuclear reactors. * Theahhr5 . Quarters. 1 Together wul1 m e a n s not elsewhere classified. Per-day cananitw* amhates does not employ more than 1,000 persons and does not have more than 30,000 barrels- 1 The abbreviation “ n.e.c.” means not else­ pacity horn owned and leased facilities. where classified. 3498 RULES AND REGULATIONS

3439 Heating and cooking equipment, n.e.c. 13. Paper and allied products Gas kitchen ranges. 2612 Paper and paperboard mills. Title 14— CIVIL AVIATION 3441 Structural and ornamental products. Pine writing and uncoated book Specified commercial and industrial papers. Chapter II— Federal Aviation Agency steel buildings, and structural steel towers. 14. Petroleum and coal products PART 409— PROCEDURES AND RULES 5. Food and kindred products Small Business Certificates for petroleum re­ FOR AIRSPACE ASSIGNMENT AND fining were superseded by establishing a UTILIZATION 2052 Biscuits, crackers and pretzels. new size standard for this industry. Biscuits and crackers. Section 307(a) of the Federal Aviation 2094 Corn products. 15. Primary metdl industries Act of 1958 empowers the Administrator Syrups, starches and wet process by­ 3352 Aluminum, rolling and drawing. of the Federal Aviation Agency to assign products. Aluminum pipes and tubes. by rule, regulation, or order the use of 2027 Milk (fluid) and other products. the navigable airspace under such terms, Milk, cream and other dairy prod­ 3351 Copper, rolling and drawing. Copper pipes and tubes. ucts.; conditions, and limitations as he may 3391 Forgings, iron and steel. deem necessary in order to insure the -6. Furniture and fixtures Rudder stock and tail shafts. safety of aircraft and the efficient utili­ 3399 Metal industries, primary, n.e.c. zation of the navigable airspace. It also None. Cold steel bars and bar shapes, and provides the Administrator with author­ 7. Instruments and related products nonferrous forgings. 3312 Steel works and rolling mills. ity to modify or revoke any such assign­ 3821 Measuring instruments, mechanical. Billets, hot-rolled steel bars, rounds, ment when required in the public inter­ Mechanical assemblies for use in air­ flats, angles, reinforcing bars, est. Due to the specialized nature of the craft and missile instrumentation, small size structurals, cold drawn subject matter, the processing of rules, and automatic temperature con­ seamless tubing and hot-finished regulations, or orders issued pursuant to trols. . pipe- the authority in section 307(a) will be 3831 Optical instruments and lenses. 3392 W ife drawing. accomplished in accordance with the Electric wires and cables. Optic equipment. procedures set forth herein, except in 3861 Photographic equipment. 3333 Zinc, primary. Slab zinc. cases of emergency or in those instances Photographic equipment such as where it is impracticable, unnecessary, or photocopying equipment and sup­ 16. Printing and publishing industries\ contrary to the public interest to follow plies, designing and manufactur­ A ing motion-picture processing None. such procedures. In addition, it is the equipment, aerial cameras and 17. Rubber products intention of the Agency to publish in this film magazines. 3021 Footwear, rubber. part any special rules, regulations, or 3811 Scientific instruments. Rubber-soled canvas footwear. orders relating to the assignment and Missile instrumentation. 3099 Rubber industries, n.e.c. utilization of the navigable airspace and 8. Leather and leather products Mechanical rubber products for air­ pertinent policies and interpretations craft. issued by the Agency in regard thereto. None. 3011 Tires and inner tubes. In consideration of the foregoing and 9. Lumber and products, except furniture 18. Stone, day and glass products acting pursuant to section 313(a) of the Federal Aviation Act of 1958 and section None. None. 3 of the Administrative Procedure Act, I 19. Textile mill products 10. Machinery, except electrical hereby repeal Part 409— “Procedures for 2233 Fabrics, cotton broad-woven. Handling Proposals Involving the Utili­ 3593 Bearings, ball and roller. zation and Allocation of Airspace” of the 20. Tobacco manufactures Cylindrical roller bearings and Regulations of the Administrator of Civil precision miniature instrument ball bearings. None. Aeronautics, and do hereby adopt Part 8542 Metalworking machinery, except ma­ 21. Transportation equipment 409 of the Regulations of the Federal chine tools. Aviation Agency, which reads as follows: Welding equipment, rolling mills, 3721 Aircraft. Subpart A— Introduction swagers, turks heads and draw Helicopters. 3729 Aircraft equipment, n.e.c. Sec. benches. 409.1 Definitions. 3579 Office and store machines, n.e.c. Specified aircraft equipment and assemblies. Dictation machines and systems. Subpart B— Rules Applicable to Rule-Making 3717 Motor vehicles and parts. 3566 Power transmission equipment. Proceedings Right-angle bevel gear units for use Motor buses, trucks and specialized in aircraft and missiles, magne- ground support motor vehicles for 409.11 Scope and effect of subpart. speed variable drives, and clutches. aircraft and missile carriers, fuel 409.12 Filing of proposals. 3561 Pumps and compressors. injection systems, heavy-duty 409.13 Issuance of notices of proposed rule- Portable, rotary air compressors. automotive clutches and parts making. 3521 Tractors. such as piston pins, clutch plates 409.14 Hearings. Wheeled and crawler tractors. and other engine parts. 409.15 Adoption of rules, regulations, or 3742 Railroad and street cars. 11. Miscellaneous manufactures orders. Trackless trolley cars. 409.16 Exemption^. None. 3731 Ship building and repairing. 409.17 Petitions for rehearing or reconsid­ eration of rules, regulations, or 12. Ordnance and accessories Includes military ships (battleships, cruisers, aircraft carriers, destroy­ orders.. 1961 Ammunition (small arms—30 mm. and ers, submarines, escort vessels, 409.18 Petitions ior revocation or modifica­ under). transports), barges, tankers and tion of existing rules, regulations, 1929 Ammunition, n.e.c. submarine components. or orders. Missile components using structural 3715 Trailers, truck. 409.19 Docket. adhesives and laminating ma­ Missile-handling trailers. terials such as missile fuselage Subpart C—-Special Rules, Regulations, and components, and missile machined Small Business Certificates for the purpose Orders components. of Government procurement also have been 1911 Guns, howitzers, mortars and related issued to include the following nonmanufac­ 11 Scope and effect of subpart. equipment. turing activities:' 4513, air transportation; Artillery and parts over 30 mm. (or 7699, aircraft maintenance and overhaul; and Subpart D— Policies and Interpretations over 1.18 inch) for aircraft, anti­ 4241, household goods, warehousing and aircraft, coast, field, naval and 11 Scope and effect of subpart. storage. tank, and gun carriages, mounts r P «o Btrv: 88 409.1 to 409.31 issued under and parts for guns over 30 mm. (or [F.R. Doc. 59-3624; Filed, Apr.> 30, 1959; over 1.18 inch). 8:45 a.m.] Friday, May 1, 1959 FEDERAL REGISTER 3499

1958, Act of August 23, 1958, 72 Stat. 752 person who causes or authorizes the op­ tiated in regard to proposals arising (P.l ! 85-726). Interpret or apply Secs. eration of aircraft, whether with or with­ within the Agency by the Director, upon 303(d), 307, 1001, and 1501(a), 72 Stat. 749, out the right of legal control (in the ca­ his own motion. 750, 788, 809 (P.L. 85-726). pacity of owner, lessee, or otherwise) of (b) ^Proposals requesting assignment ' Subpart A— Introduction the aircraft, shall be deemed to be en­ of the navigable airspace for special use gaged in the operation of aircraft within purposes or for the designation of areas § 409.1 Definitions. the meaning of the Federal Aviation Act. for air traffic purposes must include at (a) “Act” means the Federal Aviation (p) “Person” means any individual, least the following : Act of 1958. firm, copartnership, corporation, com­ (1) The location and description of (b) “Administrator” means the Ad­ pany, association, joint-stock associa­ the airspace desired for assignment or ministrator. of the Federal Aviation tion, organization, military department, designation. Agency. or body politic; and includes any trustee, (2) A full and complete description of (c) “Agency” means the Federal Avi­ receiver, assignee, or other similar rep­ the activities or use to be made of the ation Agency. resentative thereof. requested airspace. This must include a (d) “Air Carrier” means any citizen Cq) “Public aircraft” means an air­ detailed description of the type, volume, of the United States who undertakes, craft used exclusively in the service of duration, time, and place of the opera­ whether directly or indirectly or by a any government or of any political sub­ tions to be conducted in the assigned or lease or any other arrangement, to en­ division thereof, including the govern­ designated area. gage in air transportation. ment of any State, Territory, or posses­ (3) Description of the air navigation, (e) “Aircraft” means any contrivance sion of the United States, or the District air traffic control, surveillance, and com­ now known or hereafter invented, used of Columbia, but not including any gov- munication facilities available and to be or designed for navigation of or flight in ernment-owned aircraft engaged in car­ provided in the event the assignment or the air. rying persons or property for commercial designation is made. (f) “Air navigation facility” means purposes. (4) The proposed controlling agency any facility used in, available for use in, (r) “Special use airspace” means nav­ for any assigned area and the location or designed for use in, aid of air naviga­ igable airspace assigned by the Admin­ of such agency. tion, including landing areas, lights, any istrator for such special purposes as he (c) Notice of any rejected proposal apparatus or equipment for disseminat­ may deem required in the public interest. will be issued by the Director, with the ing weather information, for signaling, (s) “United States” means the several concurrence of the General Counsel of for radiodirectional finding, or for radio States, the District of Columbia, and the the Agency as to form and legality. or other electrical communication, and several Territories and possessions of the § 409.13 Issuance of notice of proposed any other structure or mechanism hav­ United States, including the territorial rule-making. ing a similar purpose for guiding or waters and the overlying airspace there­ controlling flight in the air or the land­ of. | (a) If it is determined that the subject ing and takeoff of aircraft. matter of a proposal should be submitted (g) “Airport” means a landing area Subpart B— Rules Applicable to Rule- to the rule-making process, or in the used regularly by aircraft for receiving Making Proceedings event rule-making action is to be taken on his own motion, the Director, with the or discharging passengers or cargo. § 409.11 Scope and effect of subpart. (h) “Civil aircraft” means any air­ concurrence of the General Counsel of craft other than a public aircraft. (a) This subpart establishes the pro­ the Agency as to form and legality, will (i) “Controlling agency” means the cedures to be followed in the initiation, issue a notice of proposed rule-making. Federal Aviation Agency, or the agency, administrative processing, issuance, and (b) Normally a notice of proposed office, facility, or person to whom au­ publication of rules, regulations, or or­ rule-making will be issued within ap­ thority has been delegated to permit the ders issued pursuant to the authority proximately 30 days after receipt of a use of “special use” airspace during those contained in section 307(a) of the Fed­ proposal in regard to which it has been times in which such airspace is not being eral Aviation Act of 1958. These pro­ determined that action might be taken. used for the purposes to which it was cedures will be utilized except in cases (c) All notices of proposed rule-mak­ assigned. of emergency, or in those instances when ing will be published in the F ederal R eg­ (j) “Director” means the Director, it is determined to be impracticable, un­ ister. Bureau of Air Traffic Management, or necessary, or contrary to the public in­ (d) A notice of proposed rule-making his authorized representative. terest to follow such procedures. will include at least the following: (b) Rules, regulations, or orders proc­ (k) “Federal airway” means a portion (1) A statement of the time, place, and or the navigable airspace of the United essed under these procedures shall in­ nature of the public rule-making pro­ clude, but not be limited to: otates designated by the Administrator ceedings. as a Federal airway. (1) Designations of Federal airways, (2) A reference to the authority under (l) “Foreign air carrier” means any control zones, control areas, control area which the rule, regulation, or order is Person, not a citizen of the United extensions, terminal control areas, high proposed. density air traffic zones, positive control states,.who undertakes, whether directly (3) Either the terms or substance of r indirectly or by lease or any other route segments, and coded jet routes; the proposed action or description of the (2) Assignments of segments or por­ rrangement, to engage in foreign air subjects and issues involved. transportation. tions of the navigable airspace for spe­ (e) Approximately 30 days will be al­ cial use purposes, such as: restricted 'landing area” means any local- lowed for the submission of written data, areas, military climb corridors; and ex­ comments, views, or arguments. niM-v+ker OI} land or water, including perimental flight test areas; -s intermediate landing fields, (f ) In the event that a public hearing (3) Special rules, Regulations, and or­ is to be held, approximately 30 days’ thi i ls,Used>or intended to be used, for ders relating to the use or assignment of wh *anding and take-off of aircraft, notice will be given either in the original the navigable airspace. notice of proposed rule-making or in a for n^er ?r n°k facilities are provided airori1^ shelter. servicing, or repair of § 409.12 Filing of proposals. revised notice. The Director may grant or deny requests to extend the time speci­ Dassomr’ ° r for receiving or discharging (a) All proposals, except those arising Passengers or cargo. fied in the notice for the submission of within the Agency, requesting the desig­ written material or may change the date sniol ^ avisable airspace” means air- nation of Federal airways and other of any hearings previously noticed. flieht ^k°ve. fha minimum altitude of areas for normal air traffic use, or the (g) All written data, comments, views, undor ^ esc5i1:>ed by regulations issued assignment of navigable airspace for spe­ or arguments submitted in response to shainJSe/ ederal Aviation Act, and cial use purposes, or the issuance of any safetv in ^ i6 airspace needed to insure special rules, regulations, or orders re­ a notice of proposed rule-making, or as ( o ^ take; 0ff and landing aircraft. lating to the use of such airspace must may be requested thereafter, shall be filed in triplicate. ate airc?aft”am T ° f ?*rcraft’’ or “oper” be filed in writing, in triplicate. Pro­ for the ™ means the use of aircraft posals may be filed with any Regional (h) Opportunity will be afforded to include ??rpose. °f air navigation, and Administrator or with the Director. The any interested person to discuss or con­ the navigation of aircraft. Any procedures set forth herein may be ini- fer informally with proper Agency repre- 3500 RULES AND REGULATIONS sentatives concerning the proposed ac­ § 409.15 Adoption of rules, regulations, of existing rules, regulations, or orders tion. However, any views, comments or or orders. relating to airspace assignments issued statements presented during such con­ (a) After the closing date for the sub­ under section 307(a ) of the Federal Avia­ tion Act, or previously issued by the Ad­ ferences must also be submitted in writ­ mission of written comments, or in the ministrator of Civil Aeronautics or the ing in accordance with the notice of pro­ event a hearing is held, after the close posed rule-making in order to become of the hearing, the entire matter will be Civil Aeronautics Board. Such petitions shall be filed in triplicate with the Di­ a part of the formal record for consider­ studied and analysed by the Airspace rector and shall clearly set forth all the ation. Utilization Division, Bureau of Air T raf­ fic Management, Washington, D.C. facts, views, and data deemed necessary § 409.14 Hearings. to support the action requested, and shall Thereafter a rule, regulation, order, or indicate clearly the effect the proposed (a) The Federal Aviation Act of 1958 notice of denial will be recommended action will have on the use of the navi­ does not require that formal hearings be to the Director, which, after approval gable airspace. Such petitions will be held in the formulation of rules, regula­ by the Director and concurrence by the processed in the same manner as pro­ tions, or orders for issuance under the General Counsel as to form and legality, posals, or in such other manner as authority of section 307(a) of the Act. will be forwarded to the Administrator deemed necessary or desirable by the Accordingly, sections 7 and 8 of the Ad­ for adoption. ministrative Procedure Act are not ap­ (b ) All the rules, regulations, or orders Director. plicable to these proceedings. Hearings issued by the Administrator under this § 409.19 Docket. will not be held in all cases; however, in part will be published in the F ederal the event that a hearing is held, it will ' (a) The official Agency records con­ R egister and in such other publications be conducted on an informal basis and in sisting of proposals, notices of proposed as may be deemed desirable by the Di­ rule-making, written material received accordance with the procedures estab­ rector,, Notices of denial will be for­ lished herein. Any rules, regulations, or in response to notices, petitions for re­ warded to the person making the pro­ hearing or reconsideration, petitions for orders issued in cases wherein hearings posal and to such other interested have been held will n o t be based ex­ modification or revocation, notices persons as determined by the Director. granting or denying exemptions, notices clusively on the records of such hearings. (c) Except in cases of emergency or (b) An informal public hearing will denying proposals, and all rules, regula­ when impracticable, unnecessary, or con­ be held when in the discretion of the tions, or orders issued pursuant to sec­ trary to the public interest, all rules, Director such a proceeding is necessary to tio n 307(a) will be maintained in docket regulations, or orders issued by the Ad­ assure informed administrative action form in the Office of the General Counsel ministrator under this part will become and adequate protection of private or and, unless ordered withheld from the effective in not less than 30 days after public under section 1104 of the Federal public interests. publication. (c) A presiding officer will be desig­ Aviation Act of 1958, will be made avail­ nated by the Director. A legal adviser §409.16 Exemptions. able for examination by interested per­ will be designated by the General Coun­ (a) Petitions for exemption from the sons at that office. Photostatic or du­ sel. requirements of any rule, regulation, or plicate copies of such records may be (d) Usually hearings conducted under order issued pursuant to section 307(a) obtained upon payment of the costs of this subpart will be held in the locale may be filed with the Director. Such such copies. of the affected airspace. Time will be petitions must be filed in triplicate and allotted to interested persons to make clearly state the nature of the requested This action shall become effective on oral presentations without interruption, exemption, as well as the reasons why May 15, 1959. and a verbatim transcript by a certified the exemption should be granted. The Issued in Washington, D.C., on April court reporter will be made of the entire Director, with the concurrence of the 24, 1959. proceedings. The procedure to be fol­ General Counsel as to form and legality, lowed in such hearings will be as follows: [SEAL] E. R. Quesada, may grant or deny such petitions and Administrator. (1) A n opening statement will be given shall so notify the petitioner. by the presiding officer with particular [F.R. Doc. 59-3698; Filed, Apr. 30, 1958; reference to the notice of proposed rule- § 409.17 Petitions for rehearing or re­ 8:49 a.m.] making and its contents. consideration of rules, regulations, or (2) The presiding officer shall desig­ orders. nate interested persons or their author­ (a) Any interested person may peti­ ized representatives to speak at the hear-, tion the Administrator for a rehearing or [Amdt. 45] ing. Sufficient time will be allotted by for reconsideration of any rule, regula­ the presiding officer to all interested per­ tion, or order issued pursuant to section PART 610— MINIMUM EN ROUTE sons on an equal basis in order that 307(a). Such petitions must be filed in IFR ALTITUDES their positions may be expressed fully triplicate within 30 days after publica­ Miscellaneous Alterations and placed on the record. Those persons tion of the rule, regulation, or order in who are proponents of the action, or who the F ederal R egister. The petition shall The minimum en route IFR altitudes favor it, will be permitted to speak first, contain a brief statement of the matters appearing hereinafter have been coor­ followed by those persons who are op­ complained of and an explanation as to dinated with interested members of the posed. Initial statements will be per­ how the rule, regulation, or order is con­ industry in the regions concerned inso­ mitted to be made with a minimum of trary to the public interest. If the peti­ far as practicable. The altitudes are interruption. After initial statements tion requests consideration of additional adopted without delay in order to pro­ have been made by all the designated facts, the nature and purpose of the new persons, questions will be permitted. facts and the reason why such facts were vide for safety in air commerce. Com­ (3) Arguments and oral statements not presented at the time of the hearing pliance with the notice, procedures, an must be limited to the subject matter or in written form within the allotted effective date provisions of section 4 of stated in the notice of proposed rule- time must be stated. Repetitious peti­ the Administrative Procedure Act worn making. tions will not be entertained by the Ad­ be impracticable and contrary to ® (4) Written comments, data, argu­ public interest, and therefore is no ments, or briefs may be offered as part ministrator. The filing of a petition under this section shall not operate to required. of the record at the hearing. Such docu­ Part 610 is amended as follows: stay the effectiveness of the Agency’s/ ments will not be accepted after the Section 610.16 Green civil airway o is close of the hearing, unless good cause is rule, regulation, or order, unless other­ shown, or unless the submission has been wise ordered by the Administrator. amended to delete: requested by the designated presiding From Mobile, Ala., LF/RBN; to Maxwe officer or by the Director. § 409.18 Petitions for revocation or AFB, Ala.; MEA 1,500. modification of existing rules, reg­ From Maxwell AFB, Ala.; to Int. E crs M (5) The presiding officer is authorized ulations, or orders. to deviate from these hearing procedures veil and SW crs Atlanta; MEA 1,600. From Int. E crs. Maxwell and SW crs in order to assure a more jnformative (a) Any interested person may peti­ winrA 9 000- and complete record. tion for the revocation or modification Friday, May 1, 1959 FEDERAL REGISTER 3501

From Atlanta, Ga., LFR; to Anderson, S.C., From Newark, Calif., LF/RBN; to Baypoint, From Prior INT, Minn., via W alter.; to LF/RBN; MEA 2,700. Calif., FM, southbound only; MEA 6,000. Minneapolis, Minn., VOR via W alter.; MEA From Anderson, S.Ç., LF/RBN; to Spar­ From Newberg, Oreg., VOR; to Int. N6w- 2,500. tanburg, S.C., LFR; MEA 2,200. berg, Oreg., VOR 069 * T and Portland, Oreg., From Spartanburg, S.C., LFR; to Moores - VOR 196° T rads.; MEA 3,000. Section 610.6014 VO R civil airway 14 ville INT, N.C.; MEA 2,800. From Int. Newberg, Oreg., VOR 069° T is amended to read in part: From Mooresville INT, N.C.; to Greensboro, and Portland, Oreg., VOR 196 T rads.; to Int. From * Adair INT, Okla.; to **Grand Lake N.C., LFR; MEA 2,400. Newberg, Oreg., VOR 069° T rad. and SE ers INT, Okla.; MEA ***2,200. *2,600— MRA. Portland, Oreg., ILS localizer; MEA 3,700. **3,000— MRA. ***2,000— MOCA. Section 610.220 Red civil airway 20 is From Int. Newberg, Oreg., VOR 069° T rad. amended to read in part: From Grand Lake INT, Okla.; to Neosho, and SE ers Portland, Oreg., ILS loc.; to Int. Mo., VOR; MEA *2,200. *2,000— MOCA. From Akron, Ohio, LFR; to Columbiana Newberg, Oreg., VOR 069° T and Portland, From Tulsa, Okla., VOR via S alter.; to INT, Ohio; MEA 2,600. Oreg., VOR 130 T rads.; MEA 7,600. ♦Tiff City INT, Okla., via S alter.; MEA 2,000. From Int. Newberg, Oreg., VOR 069° T *2,500-»-MRA. and Portland, Oreg., VOR 130° T rads.; to Section 610.610 Blue civil airway 10 is From Tiff City INT, Okla., via S alter.; to Int. Newberg, Oreg., VOR 069° T and Port­ amended to delete: Neosho, Mo., VOR, via S alter.; MEA 2,000. land, Oreg., VOR 095° Trads.; MEA 8,500. From Vinita INT, Okla., via N alter.; to From Oakland, Calif., LFR; to Richmond From Oakland, Calif., VOR; to Williams, INT, Calif.; MEA 8,000. Calif., VOR; MEA 5,000. »Wyandotte INT, Okla., via N alter.; MEA **2,600. *3,200—MRA. **2,200— MOCA. From Richmond INT, Calif.; to Williams, From Olympia, Wash., VOR; to Seattle, Calif., LFR; MEA 5,000. Wash., VOR; MEA 3,000. From Wyandotte INT, Okla., via N alter.; to Neosho, Mo., VOR via N alter.; MEA *2,600. Section 610.1001 Direct routes— U.S. is From Orange Cove INT, Calif.; to Fresno, *2,200—MOCA. Calif., VOR, westbound only; MEA 4,000. amended to delete: From Phoenix, Ariz., VOR; to Zuni, N. Mex., Section 610.6015 VOR civil airway 15 From Amarillo, Tex., LFR; to Roswell, VOR; MEA 12,000. is amended to read in part: N. Mex., LFR; MEA 5,600. From Pueblo, Colo., LFR; to Haystack INT, From Areata, Calif., LFR; to Fort Jones Colo.; MEA 8,000. From Pryor INT, Okla.; to *Tiff City INT, INT, Calif.; MEA 6,000. From Pueblo, Colo., LFR; to Mustang INT, Okla.; MEA 2,000. *2,500— MRA. From Blythe, Calif., VOR; to Prescott, Ariz., Colo.; MEA 7,500. From Tiff City INT, Okla.; to Neosho, Mo., VOR; MEA 10,000. From Pueblo, Colo., VOR; to Goodland, VOR; MEA 2,000. From Boise, Idaho, VOR; to Int. Rome, K^ns., VOR; MEA 7,000. Oreg,. VOR; 048* T and Twin Falls, Idaho, From Red Bluff, Calif., VOR; to Fortuna, Section 610.6018 VOR civil airway 18 VOR 295® T rads.; northeast, MEA 8,000; Calif., VOR; MEA 8,500. is amended to read in part: southwest, MEA 10,000. From Riverside, Calif., LFR; to Vail Lake, From Monroe, La., VOR; to *Dunn INT, From Boise, Idaho, VOR; to Int. Boise, Calif., LF/RBN; MEA 12,000. La.; MEA **2,200. *3,500— MRA. **1,700— Idaho, VOR; 210° T and Twin Falls, Idaho, From Rome, Oreg., VOR; to Int. Rome, MOCA. VOR 295“ T rads.; northeast, MEA 8,000; Oreg., VOR 048° T and Twiii Falls, Idaho, From Dunn INT, La.; to »Redwood INT, southwest, MEA 11,000. VOR 295° Trads.; MEA 10,000. Miss.; MEA **2,200. *3,600—MRA. **1,700— From Clint, Tex., LF/RBN; to Columbus, From Rome, Oreg., VOR; to Sod House, MOCA. N. Mex., LFR; MEA 8,500. Nev., VOR; MEA 11,000. From Redwood INT, Miss.; to Jackson, From Clovis AFB, N. Mex., LF/RBN; to From San Francisco, Calif., LFR; to Fre­ Miss., VOR; MEA *2,200. *1,700—MOCA. Pleasant Hill INT, N. Mex.; MEA 7,000. mont, Calif., LF/RBN; MEA 4,000. From Monroe, La., VOR via S alter.; to From Clovis AFB, N. Mex., LF/RBN; to From San Francisco, Calif., LFR; to Half ♦Cedars INT, Miss., via S alter.; MEA **2,600. ♦Farwell INT, Tex.; MEA 5,500. *10,000— Moon Bay INT, Calif.; MEA 4,000. *3,700— MRA. **1,700—MOCA. MR A. From School INT, N. Mex,; to Clovis, N. From Cedars INT, Miss., via S alter.; to From Colorado Springs, Colo., LF/RBN; to Mex., LF/RBN; north westbound, MEA 8,000; ♦Edwards INT, Miss., via S alter.; MEA Goodland, Kans., VOR; MEA 9,000. southeastbound, MEA 7,000. **2,600. *3,000— MRA. **1,700— MOCA. From Crescent City, Calif., VOR; to Silver From Sod House, Nev., VOR; to Jungo From Edwards INT, Miss., via S alter.; to Peak INT, Calif.; MEA 7,000. INT, Nev.; MEA 10,500. Jackson, Miss., VOR via S alter.; MEA *2,600. From Farwell INT, N. Mex. VOR; to Lub­ From Sod House, Nev., VOR; to Int. Boise, *1,700— MOCA. bock, Tex., LFR; MEA 6,500. Idaho, VOR 210° T and Twin Falls, Idaho, From Fortuna, Calif., VOR; to Fort Jones VOR 295° Trads.; MEA 11,000. Section 610.6025 VO R civil airway 25 INT, Calif.; MEA 6,000. From Tucumcari, N. Mex., LFR; to Lub­ is amended to read in part: From Fort Jones, Calif., LFR; to Montague, bock, Tex., LFR; MEA 6,000. Calif. LF/RBN; MEA 9,000. From Yosemite INT, Calif.; to Modesto, From »Geyservflle INT, Calif.; to Lakeport IN T,-C alif.; MEA **12,000. *12,000—MCA From Fort Jones, Calif., LFR; to »Fort Calif., VOR, westbound only; MEA 8,000. Jones INT, Calif., MEA 11,000. *8,000—MCA Geyserville INT, northbound. **7,000— MOCA. Fort Jones INT, eastbound. Section 610.1001 Direct routes— U.S. From Gila Bend, Ariz., LFR; to Phoenix, is amended by adding: From Lakeport INT, Calif.; to »Red Bluff, Ariz., LFR; MEA 6,500. Calif., VOR; northbound, MEA 9,000. South­ From Chadron, Nebr., VOR; to Douglas, bound, MEA 12,000. *5,000—MCA Red Bluff From Gila Bend, Ariz., LFR; to Blythe, Wyo., VOR (via 271 Chadron—068 Douglas) ; VOR, southbound. Calif., LFR; MEA 7,000. MEA 8,000. From Gila Bend, Ariz., VOR; to Blythe, From O’Neill, Nebr., VOR; to Grand Island, Section 610.6042 VOR civil airway 42 Calif., VOR; MEA 7,000. Nebr., VOR (via Wolback, Nebr., V O R ); MEA i& amended to read in part: From Hassayampa, Ariz., VOR; to Needles, 4.500. Cauf., LFR; MEA 8,000. From O’Neill, Nebr., VOR; to Grand Island, From' Flint, Mich., VOR; to Auburn INT, From Hassayampa, Ariz., VOR; to Needles, Nebr., LFR (via Wolback, Nebr., V O R ); MEA Mich.; MEA 2,400. C5 " VOR; MEA 8,000. 4.500. From Auburn INT, Mich.; to Windsor, Offt., -,/J0?1 Hobbs, N. Mex., LFR; to Lubbock, From Farmington, N. Mex., VOR; to Canada; VOR; MEA #2,700. #For that air­ Tex., LFR; MEA 4,800. Grants, N. Mex., VOR; MEA 11,000. space over U.S. territory. ,7™“ * ^ Seattle, Wash., VOR 247 T rad. Section 610.6050 VO R civil airway 50 n il? 7 mpia* Wash., VOR 013 T rad.; to Int Section 610.6001 VOR civil airway 1 is w ? iPla,’ Wash- VOR 013 T rad. and NW ers amended to read in part: is amended to read in part: ^ tte , Wash., LFR; MEA 5,000. From La Grange INT, N.C.; to Cofield, From *Cowan INT, Ohio, via N alter.; to Ca,i°mTi ulian> Calif., LF/RBN; to Vail Lake, N.C., VOR; MEA *5,000. *1,400— MOCA. Dayton, Ohio, VOR, via N alter.; MEA **3,000. r i" LP/r b N; MEA 12,000. *3,000— MRA. **2,500— MOCA. nPJ° ^ Lovelock' Nev-> VOR; to Sod House, Section 610.6012 VOR civil airway 12 ** VOR* MEA 12.000^_ is amended to read in part: Section 610.6072 VOR civil airway 72 Vnp ° ® ifvelock, Nev., VOR; to Rome, Oreg., is amended by adding: V0R- MEA 12,000. From Dayton, Ohio, VOR via N alter.; to Grindell INT, Ohio, via N alter.; MEA *3,000. From Fayetteville, Ark., VOR; to Maples, N^°™ i'OVelOCk’ Nev- VOR: to Jungo INT, *2,500— MOCA. Mo., VOR; MEA *5,500. *2,700—MOCA. MEA 10,500. From Maples, Mo., VOR; to Troy, 111., VOR; M e ^ °^ Ubb0ck> Tex * LFR: to Roswell, N. Section 610.6013 VOR civil airway 13 MEA *3,500. *2,600—MOCA. Mepx- LFR; MEA 5,600. is amended to read in part: Section 610.6087 VO R civil airway 87 N i* ^ bock* Tex., LFR; to Tucumcari, ,. Mex.. LFR; MEA 6,000. - From Fort Smith, Ark., VOR; to »Chester is amended to delete: om Medford, Oreg., LFR; to Silver Peak INT, Ark.; MEA 3,500. *4,200— MRA. From Napa, Calif., VOR; to Williams, Calif., £ ° r®&; MEA 7,000. From Chester INT, Ark.; to Fayetteville, VOR; MEA 5,000. Ark., VOR; MEA 3,500. *NT°caVfeWark’ LF/RBN; to Altmont From Lydia INT, Minn., via W alter.; to Section 610.6087 VOR civil airway 87 ' a111" aouthwestbound only; MEA 5,000. Prior INT, Minn., via W alter.; MEA 2,300. is amended by adding: 3502 RULES AND REGULATIONS

Prom Napa, Calif., VOR; to Maxwell, Calif., Prom Maples, Mo., VOR; to Farmington, From Georgetown INT, N.Y.; to »Paubus, VOR; MEA 5,000. Mo., VOR; MEA 2,800. INT, N.Y.; MEA 3,500. *4,000—MRA. ' Prom Maxwell, Calif., VOR; to Red Bluff, Prom Faubus INT, N.Y.; to Syracuse, N.Y., Section 610.6191 VOR civil airway 191 Calif., VOR; MEA 3,000. VOR; MEA 3,500. is amended to read in part: Section 610.6094 VOR civil airway 94 Section 610.6276 VOR civil airway 2J6 Prom Chicago (O’Hare), 111., VOR; to Tay­ is amended to read in part: is amended to read in part: lor INT, Wis.; MEA *3,000. *2,000— MOCA. Prom Waxahachie INT, Tex.; to Scurry Prom Ellwood City, Pa., VOR; to North- Section 610.6194 VOR civil airway 194 INT, Tex.; MEA 1,900. point INT, Pa.; MEA 3,000. Prom Scurry INT, Tex.; to Canton INT, is amended to read in part: /V Prom Northpoint INT, Pa.; to Tyrone, Pa., Tex.; MEA *4,000. *1,800— MOCA. Prom McComb, Miss., VOR; to »Mize INT, VOR; MEA 4,000. From Canton INT, Tex.; to Mount Sylvan Miss.; MEA 1,800. *2,200—MRA. Section 610.6428 VOR civil airway 42S INT, Tex.; MEA *2,500. *1,800—MOCA. From Mize INT, Miss.; to »Rose Hill INT, is amended to read in part: Miss.; MEA 1,800. *3,000— MRA. Section 610.6105 VO R civil airway 105 Prom Ithaca, N.Y., VOR; to Cortland INT, is amended to read in part: Section 610.6195 VO R civil airway 195 N.Y.; MEA 3,500. From Tucson, Ariz., VOR; to *Keystone is amended to read in part: From Cortland INT, N.Y.; to »Paubus INT, INT, Ariz.; MEA 7,000. *8,000—MRA. From Oakland, Calif., VOR; to Williams, N.Y.; MEA **4,000. *4,000—MRA. **3,500- Prom Keystone INT, Ariz.; to Casa Grande, Calif., VOR; MEA 5,000. MOCA. Ariz., VOR; MEA 7,000. Prom Williams, Calif., VOR; to »Red Bluff, Prom Paubus INT, N.Y.; to Munnsville INT, From Phoenix, Ariz., VOR; to Cave Creek Calif., YOR; MEA 4,000. *5,000—MCA Red N.Y.; MEA *6,000. *3,500—MOCA. INT, Ariz.; northbound, MEA 6,000; south­ Bluff VOR, westbound.. Section 610.6608 VOR civil airway 1508 bound, MEA 5,000. From *Cave Creek INT, Ariz.; to Rock Section 610.6198 VOR civil airway 198 is amended to read in part: Springs INT, Ariz.; northbound, MEA id,000; is amended to read in part:* Prom ‘ Milford, Utah, VOR; to Kanosh southbound, MEA 8,500. *7,500— MCA Cave From Hunt INT, Tex.; to »Comfort INT, INT, Utah; MEA 12,000. *11,000—MCA Mil­ Creek INT, northbound. Tex.; MEA **5,700. *5,700—MRA. **3,400— ford VOR, northeastbound. Prom Yerington INT, Nev.; to Churchill MOCA. Prom Kanosh^fNT, Utah; to Myton, Utah, INT, Nev.; northwestbound, MEA 10,000; VOR; MEA *15,000. »Continuous navigation southeastbound, MEA 12,000. Section 610.6200 VOR civil airway 200 signal coverage does not exist over the entire From Churchill INT, Nev.; to Reno, Nev., is amended to read in part: route segment below 21,000. VOR; MEA 10,000. Prom *Yuba INT, Calif.; to **Reno, Nev., Section 610.6614 VOR civil airway 1514 Section 610.6112 VOR civil airway 112 VOR; MEA 12,000. *6,500— MCA Yuba INT, is amended to read in part: is amended to read in part: eastbound. **10,000—MCA Reno VOR, west­ bound. Prom Pioche, Nev., VOR; to »Milford, Utah, Prom »Portland, Oreg., VOR via N alter.; Prom Delta, Utah, VOR; to »Vernon INT, VOR; MEA 12,000. *10,000—MCA Milford to Amboy INT, Oreg., via N alter; eastbound, Utah; MEA 11,000. *12,000—MCA Vernon VOR, westbound. *12,000—MCA Milford MEA 8,000; westbound, MEA 4,000. *4,700— INT, northbound. VOR, eastbound. MCA Portland VOR, eastbound. From Vernon INT, Utah; to »Fairfield INT, Prom Milford, Utah, VOR; to Delano INT, Prom Amboy INT, Oreg., via N alter.; to Utah; MEA 11,000. *12,000— MRA. The Dalles, Oreg., VOR via N alter.; MEA Utah; MEA 14,000. From Fairfield INT, Utah; to »Provo, Utah, Prom »Delano INT, Utah; to * »Hanksville; *8,000. *7,000—MOCA. VOR; MEA 11,000. *12,000— MCA Provo MEA ***18,000. * 17,000—MCA Delano INT, VOR, eastbound. Section 610.6119 VOR civil airway 119 eastbound. **11,000—MCA Hanksville VOR, is amended to read in part: Section 610.6210 VO R civil airway 210 westbound. ***15,000—MOCA. is amended to read in part: Prom Wheeling, W. Va., VOR; to Imperial, Section 610.6616 VOR civil airway 1516 Pa., VOR; MEA 2,700. From * Cowan INT, Ohio; to Dawn INT, is amended to readlin part: From Imperial, Pa., VOR; to Clarion, Pa., Ohio; MEA * *3,500. *3,000—MRA. **2,400— VOR; MEA 3,000. MOCA. Prom Tobe, Colo., VOR; to State Line INT, - Section 610.6133 VO R civil airway 133 Kans.; MEA 7,300. Section 610.6217 VO R civil airway 217 Prom Springfield, Mo., VOR; to Maples, is amended to read in part: is amended to read in part: Mo., VOR; MEA 2,500. Prom Linden INT, Mich.; to Flint, Mich., Prom Chicago (O ’Hare) HI., VOR; to Tay­ Prom Maples, Mo., VOR; to Farmington, VOR; MEA 2,200. lor INT, Wis.; MEA *3,000. *2,000—MOCA. Mo., VOR; MEA 2,800. From Flint, Mich., VOR; to Saginaw, Mich., VOR; MEA 2,200. Section 610.6218 VO R civil airway 218 Section 610.6618 VOR civil airway 1518 is amended to read in part: . Section 610.6140 VOR civil airway 140 is amended to read in part: Prom Lansing, Mich., VOR; to Flint, Mich., Prom Fayetteville, Ark., to »Spring Valley is amended to read in part: VOR; MEA 2,400. INT, Ark.; MEA 3,100. *5 ,500—MRA. Prom Fayetteville, Ark., VOR; to »Spring Section 610.6244 VOR civil airway 244 Prom Spring Valley INT, Ark; to Flippin. Valley INT, Ark.; MEA 3,100. *5,500—MRA. Ark., VOR; MEA 3,100. Prom Spring Valley INT, Ark.;' to Flippin, is amended to read in part: Ark., VOR; MEA 3,100. Prom Pioche, Nev., VOR; to ‘ Milford, Utah, Section 610.6629 VOR civil airway 1529 VOR; MEA 12,000. *10,000—MCA Milford Section 610.6153 VOR civil airway 153 VOR, westbound. *12,000—MCA Milford is amended to read in part: is amended to read in part: VOR, eastbound. Prom »Milford, Utah, VOR; to Kanosh INT, Prom Milford, Utah, VOR; to Delano INT, Utah; MEA 12,000. *11,000—MCA Milford Prom »Sidney INT, N.Y.; to Georgetown Utah; MEA 14,000. VOR, northeastbound. INT, N.Y.; MEA **4,500. *4,500—MRA. Prom »Delano INT, Utah, to * »Hanksville, Prom Kanosh INT, Utah; to Myton, Utah, * *3,500— MOCA. Utah, VOR; MEA ***18,000. *17,000—MCA VOR; MEA *15,000. »Continuous navigation Prom Georgetown INT, N.Y.; to »Paubus Delano INT, eastbound. **11,000—MCA signal coverage does not exist over the ent e INT, N.Y.; MEA 3,500. *4,000—MRA. Hanksville VOR, westbound. ***15,000— route segment below 21,000. From Paubus INT, N.Y.; to Syracuse, N .Y„ MOCA. VOR; MEA 3,500. c. 313(a), 72 Stat. 752; 49 I3‘-s-c- 13.54i?i' Section 610.6257 VOR civil airway 257 Kmrpt nr armlv section 307, 72 Stat. • Section 610.6172 VO R civil airway 172 is amended to read in part: is amended to read in part: Prom Bryce Canyon, Utah, VOR; to Kanosh These rules shall become effective INT, Utah; MEA 14,500. ' Prom Malta INT, 111.; to Chicago (O’Hare), June 4,1959. 111., VOR; MEA 2,500. Prom Kanosh INT, Utah; to Denta, Utah, VOR; northbound, MEA 10,000; southbound, Issued in Washington, D.C., on Ap Prom Chicago (O’Hare), 111., VOR; to Mor­ MEA 12,000. ton INT, 111.; MEA 2,000. 24,1959. Section 610.6273 V O R civil airway 273 E. R. Quesada, Section 610.6190 VO R civil airway 190 is amended to read in part: Administrator. is amended to read in part: From »Sidney INT, N.Y.; to Georgetown Prom Springfield, Mo.,, VOR; to Maples, INT, N.Y.; MEA **4,500. *4,500—MRA. [F.R. Doc. 59-3633; Piled, Apr. 30, 1959:- Mo., VOR; MEA 2,500. **3,500— MOCA. 8:45 a.m.] Friday, May 1, 1959 FEDERAL REGISTER 3503

(b) This section shall be effective upon income tax returns of which inspection Title 26— INTERNAL REVENUE its filing for publication in the F ederal is desired, the Secretary, or any officer R egister. Chapter I— Internal Revenue Service, or employee of the Treasury Depart­ (53 Stat. 29, as amended; 26 U.S.C. 55) ment with the approval of the Secretary, Department of the Treasury may furnish the Securities and Exchange R obert B. A nderson, Commission with any data on such SUBCHAPTER E— ADMINISTRATIVE PROVISIONS Secretary of the Treasury. COMMON TO VARIOUS TAXES cards or returns or may make them Approved: April 29, 1959. available for inspection and the taking [T.D. 6375] of such data as the Chairman of the D w ig h t D. E is e n h o w e r , Securities and Exchange Commission PART 458— INSPECTION OF The White Home. RETURNS may designate. Such data shall be fur­ [F.R. Doc. 59-3751; Filed, Apr. 29, 1959; nished, or such returns or cards shall Inspection by Securities and Exchange 4:57 p.m.] be made available for inspection, in the Commission of statistical trans­ Office of the Commissioner of Internal cript cards prepared from corpora­ Revenue. Any information thus ob­ tion income tax returns tained shall be held confidential except to the extent that it shall be published or § 458.325 Inspection by Securities and Title 26— INTERNAL REVENUE, disclosed in statistical form, provided Exchange Commission o f statistical such publication shall not disclose, di­ transcript cards prepared from 1954 rectly or indirectly, the name or address corporation income tax returns. of any taxpayer. (a) Pursuant to the provisions of sec­ Chapter I— Internal Revenue JService, (b) This section shall be effective upon tion 55 (a) of the Internal Revenue Code Department of the Treasury its filing for publication in the F ed­ of 1939 (53 Stat. 29; 54 Stat. 1008; 55 eral R egister. Stat. 722; 26 U. S. C. 55(a) ) and of the SUBCHAPTER F— PROCEDURE AND ADMINISTRATION (Sec. 7805, 68A Stat. 917; 26 U.S.C. 7805) Executive order issüed thereunder,1 and in the interest of the,internal manage­ [T.D. 6374] R obert B. A nderson, ment of the Government, statistical Secretary of the Treasury. transcript cards prepared by the Internal PART 301— PROCEDURE AND Approved: April 29,1959. Revenue Service from income tax returns ADMINISTRATION of corporations made under the Internal D w I ght D.' E is e n h o w e r , Revenue Code of 1939 for taxable years Inspection of transcript cards and cor­ The White House. ending after December 31, 1952, shall porate and individual income tax [F.R. Doc. 59-3750; Filed, Apr. 29, 1959; be open to inspection by the Securities returns by the Securities and Ex­ 4:57 p.m.] and Exchange Commission as may be change Commission needed in gathering statistical informa­ tion in carrying out its functions under § 301.6103 (a ) —102 Inspection by Se­ the Securities Exchange Act of 1934, ap­ curities and Exchange Commission Title 29— LABOR proved June 6, 1934 (48 Stat. 881; 15 o f transcript cards and corporate and Chapter V— Wage an$l Hour Division, individual income tax returns. U.S.C. 78a-78jj), as amended, or in Department of Labor complying with directives or recom­ (a) Pursuant to the provisions of sec­ mendations of the Bureau of the Budget tion 6103(a) of the Internal Revenue PART 603— FABRIC AND LEATHER pursuant to section 103 of the Budget Code of 1954 (68A Stat. 753; 26 U.S.C. GLOVE INDUSTRY IN PUERTO RICO and Accounting Procedures Act of 1950, 6103(a)) and of the Executive order is­ approved September 12, 1950 (64 Stat. sued thereunder,1 and in the interest of Wage Order Giving Effect to 834 ; 31 U.S.C. 18b), relating to the de- internal management of the Govern­ Recommendations veiopnaent of programs for preparing ment, corporate and individual income Pursuant to section 5 of the Fair Labor statistical information by Executive tax returns made for taxable years end­ Standards Act of 1938, as amended (52 agencies. Upon request, such inspection ing after December 31, 1956, and statis­ Stat. 1062, as amended; 29 U.S.C. 205), nAu e made.by any officer or employee tical transcript cards prepared by the the Secretary by Administrative Order j Securities and Exchange Commis­ Internal Revenue Service from income sion duly authorized by the Chairman of No. 517 (24 F.R. 1534), as amended by tax returns of corporations made for Administrative Order No. 518 (24 F.R. n ... to make it. Upon taxable years beginning after December 2311), appointed, convened, and gave due Qon e « no^ ce by the Chairman of the 31, 1953, and ending after August 16, notice of the hearing of, and referred to o e! and Excbange Commission to 1954, shall be open to inspection by the Industry Committee No. 44-A the ques­ tvn« eti IY,of.the Treasury, stating the Securities and Exchange Commission as tion of the minimum wage rate or rates „Jv, . statistical transcript cards of may be needed in gathering statistical wmcn inspection is desired, the Secre- to be paid under section 6 of that Act to information in carrying out its functions employees in the Fabric and Leather ° ® cer or employee of the under the Securities Exchange Act of Glove Industry in Puerto Rico as defined of S o Debartment with the approval 1934, approved June 6, 1934 (48 Stat. in said Administrative Order, who are curitiLSeCi elary’ may furnish the Se- 881; 15 U.S.C. 78a-78jj), as amended, or engaged in commerce or in the produc­ anv rif*and ^ch an ge Commission with in complying with directives or recom­ tion of goods for commerce. thL cards or ^ y make mendations of the Bureau of the Budget Subsequent to an investigation and a takinffS'llabi eJfor inspection and the pursuant to section 103 of the Budget hearing conducted pursuant to the no­ the Sernrit-UCb da^ 85 the Chairman of and Accounting Procedures Act of 1950, tice, the committee filed with the Admin­ may desf™ and Excllange Commission approved September 12, 1950 (64 Stat. istrator a report containing its findings n iK e d £.late- Such data shall be fur- 834; 31 U.S.C. 18b), relating to the de­ of fact and recommendations with re­ avaiiahiA f S^cb card.s shall be made velopment of programs for preparing spect to the matters referred to it. the Comm?r mspection, in the Office of statistical information by Executive Accordingly, as authorized and re­ Any i S S ° nei: of V e r n a l Revenue, agencies. Upon request, such inspection quired by section 8 of the Fair Labor held M n 2 ! l°n, thus °btained shall be may be made by any officer or employee Standards Act of 1938, as amended (52 that it sh^U K?al ue?cept to the extent of the Securities and Exchange Com­ Stat. 1064, as amended; 29 U.S.C. 208), statistical f«be Published or disclosed in mission duly authorized by the Chairman Reorganization Plan No. 6 of 1950 (64 tion shah Î ^ ? r?vided such Publica- of such Commission to make it. Upon Stat. 1263; 3 CFR, 1950 Supp., p. 165), hirectly^thp0^« dlscl0se> directly or in­ written notice by the Chairman of the and General Order No. 45-A of the Sec­ taxpayer. 6 name or address of any Securities and Exchange Commission to retary of Labor (15 F.R. 3290), the rec­ the Secretary of the Treasury, stating ommendations of the committee are the type of statistical transcript cards or ‘ See Title 3. Executive hereby published in this order amending saprà. Order 10814, 29 CFR, Part 603, effective May 17, 1950, 1See Title 3, Executive Order 10814, supra. to read as follows; 3504 RULES AND REGULATIONS

Sec. gloves except operations included in the § 836.64 Claims not payable. 603.1 Definition. hand-sewing on fabric gloves classifica­ ***** 603.2 Wage rates. tion and the hand-sewing on leather 603.3 Notices. (b) Falls under any workmen’s com­ gloves classification, as defined in this pensation law or regulation, whether A u t h o r it y : §§ 603.1 to 603.3 issued under section. Hand-sewn gloves are defined Federal Employees’ Compensation Act of sec. 8, 52 Stat. 1064, as amended; 29 U.S.C. as gloves or mittens manufactured pri­ 208. Interpret or apply sec. 5, 52 Stat. 1062, September 1916 (39 Stat. 742), as amend­ marily by a hand-sewing process. ed (5 U.S.C. 751, et seq.); Longshore­ as amended; 29 U.S.C. 205; sec. 6, 52 Stat. (d) Wages at a rate of not less than 1062, as amended; 29 U.S.C. 206. men’s and Harbor Workers’ Compensa­ 75 cents an hour shall be paid under tion Act (44 Stat. 1424), as amended (33 § 603.1 Definition. section 6. of the Fair Labor Standards U;S.C. 901, et seq.) ; local law or custom; The Fabric and Leather Glove Indus­ Act of 1938 by every employer to each or when compensation or similar benefits try in Puerto Rico is defined as the man­ of his employees in the machine opera­ are provided by insurance (§§ 836.161 to ufacture of dress, semidress, and work tions on machifle-sewn gloves classifica­ 836.165) or United States contract, where • gloves and mittens from woven or knit tion of the fabric and leather glove in­ the costs or premiums are indirectly paid fabric, leather, or fabric or leather in dustry in Puerto Rico, who is engaged in by the United States, unless settlement is combination with any other material: commerce or in the production of goods specifically authorized by The Judge Ad­ Provided, however, That the industry for commerce, and this classification vocate General, or his designee, in each shall not include the manufacture of knit shall be defined as machine-sewing and case; other operations performed by machine, or crocheted gloves and mittens, sport 2. Sections 836.67 (a) and (b) are re­ and athletic gloves and mittens, or rub­ cutting, laying-off, pressing, sizing, band­ vised to read as follows : ber gloves and mittens. ing, and packaging of machine-sewn gloves! Machine-sewn gloves are de­ § 836.67 Conditions of payment. § 603.2 W age rates. fined as gloves or mittens manufactured (a) The statutory tqst provided is that (a) Wages at a rate of not less than 25 primarily by a machine-sewing process. (e) Wages at a rate of not less than the damage, loss, injury, or death must cents an hour shall be paid under section have been caused by military personnel 6 of the Fair Labor Standards Act of 1938 65 cents an hour shall be paid under sec­ tion 6 of the Fair Labor Standards Act or civilian employees of the Air Force, or by every employer to each of his employ­ otherwise incident to its noncombat ac­ ees in the hand-sewing on fabric gloves of 1938 by every employer to each of his employees in the other operations on tivities. Acts or omissions that create a classification of the fabric and leather condition without which the accident or glove industry in Puerto Rico, who is en­ machine-sewn gloves classification of the fabric and leather glove industry in incident could not have occurred but are gaged in commerce or in the production not its proximate cause will not consti­ of goods for commerce, and this classifi­ Puerto Rico, who is engaged in commerce or in the production of goods for com­ tute a proper basis for payment, even cation shall l>e defined as the opera­ though they violate the law of the situs merce, and this classification shall be tions of hand-sewing, hand-embroidery, or military regulation. A claim may be hand-embellishing, ornamental stitch­ defined as all operations on machine- sewn gloves except operations included approved under §§ 836.61 to 836.78 when ing, hand-drawing of threads, and sim­ the act or omission (except those involv­ in the hand-sewing on fabric gloves ilar hand operations involving decorative ing authorized noncombat activities, as classification, the hand-sewing on effects on fabric gloves: Provided, how­ defined in § 836.62(e), was caused by; ever, That mending, repairing, sewing of leather gloves classification, and the * ’ * * * * labels, tacking, and similar operations on machine operations on machine-sewn gloves classification, as defined in this (b) The law or custom of the situs fabric gloves which are wholly or chiefly pertaining to contributory or compara­ machine-sewn, shall not be included. section. Machine-sewn gloves are de­ fined as gloves or mittens manufactured tive negligence, and to joint tort-feasors, Fabric gloves are defined as gloves or will be applied so far as practicable to mittens manufactured from woven or primarily by a machine-sewing process. determine proximate cause. knitted fabric. § 603.3 Notices. (b ) Wages at a rate of not less than 37 3. The first sentence of § 836.75 is de­ cents an hour shall be paid under section Every employer subject to the provi­ leted and the following substituted there­ 6 of the Fair Labor Standards^ct of 1938 sions of § 603.2 shall post in a conspicu­ for: ous place in each department of his by every employer to each of his em­ § 836.75 What action commissions take. ployees in the hand-sewing on leather establishment where employees subject gloves classification of the fabric and to the provisions of § 603.2 are working A Foreign Claims Commission will pre­ leather glove industry in Puerto Rico, such notice of this part as shall be pre­ pare a seven-paragraph memorandum who is engaged in commerce or in the scribed from time to time by the Admin­ opinion and execute AF Form 959, ^Ac­ production of goods for commerce, and istrator of the Wage and Hour Division tion of Foreign Claims Commission.” On this classification shall be defined as of the United States Department of small claims, an AF Form 958, “Short Re­ the operations of hand-sewing, hand- Labor and shall give such other notice as port of Claims Officer,” may be used in­ embroidery, hand-embellishing, orna­ the Administrator may prescribe. stead of the memorandum opinion (see mental stitching, hand-drawing of Signed at Washington, D. C., this 27th 36.1 to 836.6). threads, and similar hand operations in­ day of April 1959. Section 836.77 is deleted and the fol- volving decorative effects on leather C larence T . L undqtjist, ing substituted therefor: gloves: Provided, however, That mend­ Administrator. ing, repairing, sewing of labels, tacking, 16.77 Cross servicing claims, and similar operations on leather gloves [F.R. Doc. 59-3679; Filed, Apr. 30, 1959; ny claim cognizable under 10 U-S;C- which are wholly or chiefly machine- 8:46 a.m.] } or 2734, whether arising from activ- sewn, shall not be included. Leather j of the Army, Navy, Air Force, Ma- gloves are defined as gloves or mittens > Corps, or Coast Guard (when oper- manufactured from leather or from Title 32— NATIONAL DEFENSE Lg as a service in the Navy) may, upo leather in combination with other lest by the service concerned, be proc- material. Chapter VII— Department of the id or settled by a commission appomi- (c) Wages at a rate of not less than 55 Air Force yy the Secretary of the Air Force or cents an hour shall be paid under section SUBCHAPTER C— CLAIMS AND ACCOUNTS designee, in accordance with §§ • 136.78. Claims cognizable under i 6 of the Fair Labor Standards Act of PART 836— CLAIMS AGAINST THE 1938 by every employer to each of his .C. 2734, arising after July 28, 19 employees in the other operations on UNITED STATES n accidents or incidents ca^ed by hand-sewn gloves classification of the Claims Arising Outside the United liah employee of the Department s fabric and leather glove industry in States ense, other than a civilian employee Puerto Rico, who is engaged in commerce he Department of the Army, N * or in the production of goods for com­ M iscellaneous R e v is io n s Lir Force, may be processed or se n« ooa gq hv Air rOl^c merce, and this classification shall be 1. Section 836.640» is revised to read defined as all operations on hand-sewn as follows: Friday, May 1, 1959 FEDERAL REGISTER 3505 been assigned responsibility for tort otherwise qualified, Air Force ROTC “Inland Rules,” “Great Lakes Rules,” claims in a particular country or area, all graduates will be tendered appointments and “Western Rivers Rules.” In addi­ claims cognizable under 10 U.S.C. 2733 as second lieutenants, Reserve of the tion, these interpretive rulings will be and 2734 will normally be processed or Air Force, upon successful completion included in future editions of Coast settled and paid by an Air Force com­ of the military training prescribed by Guard pamphlets containing “Rules of mission, in accordance with Air Force law and regulations and upon being the Road.” regulations, A claim cognizable under 10 awarded a baccalaureate degree from an Failure to comply with any law as in­ U.S.C. 2733 and 2734 arising from Air accredited educational institution, or terpreted will be considered as a violation Force activities in a foreign country upon being certified by an authorized of such law, and the penalty may be where another service has been assigned institutional official as having completed *> assessed as provided by law. responsibility for its settlement will be all institutional requirements for a de­ An Act of August 14, 1958 (Pub. Law sent to the appropriate claims office of gree which is scheduled to be officially 85-635) , amended certain requirements that service for settlement. awarded at a later date. governing lights for overtaken vessels 5. A new § 836.78 is added as follows: (Sec. 8012, 70A Stat. 488; 10 U.S.C. 8012. In ­ while underway at night and subject to terpret or apply secs. 8540, 9381-9387, 70A the “Inland Rules” or the “Western § 836.78 Claims covered by insurance. Stat. 527, 568-571; 10 U.S.C. 9381-9387) Rivers Rules.” Since that time inquiries Where privately-owned automobiles [AFR 45-48A, March 30, 1959] have been received concerning whether are covered by adequate insurance, set­ or not the amendments to Article 10 of tlement of claims is the primary respon­ [ seal] C harles M . M cD e rm o tt, section 1 of the Act of June 7, 1897 as sibility of the insurer. However, the Colonel, U.S. Air Force, Deputy amended (33 U.S.C. 179) (“Inland United States is not thereby precluded Director of Administrative '‘Rules”), and Rule Numbered 10 of sec­ Services. from settlement or partial settlement of m tion 4233 of the Revised Statutes of the such claims on ex gratia basis where [F.R. Doc. 59-3670; Filed, Apr. 30, 1959; United States, as amended (33 U.S.C. the circumstances indicate that the in­ 8:45 a.m.] 319) (“Western Rivers Rules”), regard­ terest of the United States will be fur­ ing fixed stern lights, applied to vessels thered thereby. In appropriate cases, other than “steam vessels,” such as tugs, an assignment of rights will be obtained, barges, sail vessels, motorboats when so that the United States may file suit Title 33— NAVIGATION AND propelled by sail alone, etc. The pur­ for any breach of the insurance contract. poses for these statutory amendments (Sec. 8012, 70A Stat. 488; U.S.C. 8012. In ­ NAVIGABLE WATERS are set forth in Senate Report No. 1382, terpret or apply 70A Stat. 154, 155; 10 U.S.C. Chapter I— Coast Guard, Department 85th Congress, 2d session, which ac­ 2734, 2735) companied Senate Bill 2115, later enacted of the Treasury .[AFR 112-6A, March 26, 1959] as Public Law 85-635. The stated pur­ [CGFR 59-5] pose for a “fixed stern light” is: “To [ seal] Charles M . M cD e rm o tt, amend both the inland rules and the Colonel, U.S. Air Force, Deputy RULES OF THE ROAD western rivers rules so as to require a Director of Administrative vessel underway, when not otherwise Services. Interpretive Rulings required to carry a light visible from [F.R. Doc. 59-3669; Filed, Apr. 30, 1959; The “Rules of the Road” are require­ astern, to carry a fixed white light visible 8:45 a.m.] ments which govern all vessels while from astern; both sets of rules now re­ upon the navigable waters of the United quire a vessel to show a light astern only States, as well as all vessels owned in the when being overtaken by another vessel. United States while upon the high seas. The reason for proposing that a vessel, Various laws containing these1 require­ which is not now required to carry a SUBCHAPTER F— RESERVE FORCES ments are also often referred to as the fixed light visible from astern, be re­ PART 862— AIR FORCE RESERVE “International Rules,” the “Inland quired to carry a stern light at all times OFFICERS’ TRAINING CORPS Rules,” the “Great Lakes Rules,” and rather than only when being overtaken, “Western Rivers Rules.” These laws is that often a vessel under the present Institutional Phase are further supplemented by regulations rules will not detect an overtaking vessel published in 33 CFR Parts 80 to 100, astern and will fail to show the stern M iscellaneous R evisio n s inclusive. light, with the result that the overtaking 1. In Part 862, § 862.14(c) is revised, The Coast Guard is. charged with re­ vessel has no notice of the vessel being as follows: . sponsibility for administration and en­ overtaken. This creates a risk of collision.” § 862.14 _ Credit for previous military forcement of “Rules of the Road.” training. Inquiries are being received as to mean­ With respect to the application of Article 10 of section 1 of the Act of June * * * * „ * ’ ings of certain provisions. In order that the public may understand our pro­ 7,1897, as amended (33 U.S.C. 179) ( “In ­ (c) The Professor of Air Science may cedures in handling these inquiries, a land Rules”) , and Rule numbered 10 of JHYf on a year-for-year basis so much Rules of the Road Subcommittee to the section 4233 of the Revised Statutes of the * Air Force ROTC program as he Coast Guard Merchant Marine Council United States, as amended (33 U.S.C. considers equivalent to the previous has been established. The functions of 319) ( “Western Rivers Rules”), these the United States Air Force this Subcommittee are twofold: First, rules apply to all vessels, including but Pmtdei?Ty’. United States Military Acad- consider all proposals to amend or in­ not limited to, tugs, barges, sail vessels, TTr,f+’ States Naval Academy, terpret the statutory “Rules of the motorboats when propelled by sail alone, in ®^tes Coast Guard Academy, or Road.” Second, submit recommenda­ etc. Rn-r-rf Senior Division of the Army tions thereon to the Coast Guard Mer­ In setting forth the following interpre­ Shi. °f Naval R ° T C for students eli- chant Marine Council, with specific tive rulings as regulations to be included s we and accepted for enrollment. How- reference as to publication in the F ed­ with the “Rules of the Road,” additional rwiiiiJ111 . no circumstances will the eral R egister, referral to public hearing, informative regulations have been in­ of tv. ernents for successful completion or necessary legislation. serted to explain their scope, the assign­ pJ^ J^nner training phase of the Air With respect to publication in the ment of functions, and enforcement pro­ rce ROTC program be waived. cedures. F ederal R egister, all pertinent interpre­ 2. Section 862.21 is revised, as follows: tive rulings approved by the Comman­ Interpretations were previously pub­ dant will be published as designated lished in the F ederal R egister of Novem­ . Appointment as Reserves of ber 1,1957 (22 F.R. 8821) , concerning the the Air Force. regulations in 33 CFR Part 85, 86, 91, or 96, as appropriate. As the laws are gen­ all around white light aft or the 12-point of the advanced course, Air erally known by titles which reflect the stern light carried on motorboats. These commiSiT •’ accrues no vested right to waters on which applicable, this same are included herein in order to have them Porc? hS J n any component of the Air division is carried forward in these in­ also appear with the other interpreta­ y virtue of such membership. If terpretations; i.e., “International Rules,” tions regarding the “Rules of the Road.” No. 85------6 3506 RULES AND REGULATIONS

Because the regulations in this docu­ A, 1, 2, or 3, except that on a motorboat the all-around white light aft on a mo­ ment are interpretations, it is hereby of Class A or 1 this light may be carried torboat of Class A or 1 may be carried found that compliance with the Adminis­ off the centerline. off the centerline. trative Procedure Act (respecting notice § 86.05—5 Stern lights for all vessels. of proposed rule making, public rule Article 10 of section 1 of the Act of making procedures thereon, and effective PART 86—INTERPRETIVE RULINGS— June 7, 1897, as amended by the Act of date requirements thereof) is unnec­ INLAND RULES August 14, 1958 (33 U.S.C. 179), requires essary. Subchapter D is amended by adding “A vessel when underway, if not other­ By virtue of the authority vested in me a new Part 86 reading as follows: wise required by these rules to carry one as Commandant, United States Coast or more lights visible from aft, shall Guard, by Treasury Department Orders Subpart 86.01— General Provisions carry at her stern a white light, * * *” 120, dated July 31, 1950 (15 F.R. 6521), and this requirement shall be applied to and 167-17, dated June 29, 1955 (20 F.R. Sec. 86.01- 1 Scope. all vessels, including but not limited to, 4976), to promulgate regulations in ac­ 86.01- 5 Assignment of functions. tugs, barges, sail vessels, motorboats cordance with the statutes cited with the 86.01- 10 Penalties and violations. when propelled by sail alone, etc. regulations below, the following interpre­ tive rulings are prescribed and shall be Subpart 86.05— Navigation Lights considered in effect on and after the date 86.05- 1 White lights for motorboats car­ SUBCHAPTER E— NAVIGATION REQUIREMENTS of publication of this document in the ried on centerline. FOR THE GREAT LAKES AND ST. MARYS RIVER F ederal R egister. 86.05- 5 Stern lights for all vessels. PART 91— INTERPRETIVE RULINGS SUBCHAPTER D— NAVIGATION REQUIREMENTS A u t h o r it y : §§ 86.01-1 to 86.05-5 issued FOR CERTAIN INLAND WATERS under sec. 3, 60 Stat. 238, and sec. 633, 63 Subchapter E is amended by adding a Stat. 545; 5 U.S.C. 1002, 14 U.S.C. 633. PART 85— INTERPRETIVE RULINGS— new Part 91 reading as follows: INTERNATIONAL RULES Subpart 86.01— General Provisions Subpart 91.01— General Provisions Sec. Subchapter D is amended by adding § 86.01—1 Scope. a new Part 85 reading as follows: 91.01-1 Scope. The regulations in this part are inter­ 91.01-5 Assignment of functions. Subpart 85.01— General Provisions pretive rulings with respect to “Rules of 91.01- 10 Penalties and violations. the Road” requirements applicable to all Sec. Subpart 91.05— Navigation Lights 85.01- 1 Scope. vessels while in the harbors, rivers, and 85.01- 5 Assignment of functions. other inland waters of the United States 91.05-1 White lights for motorboats carried on centerline. Subpart 85.05— Navigation Lights except the Great Lakes and their con­ necting and tributary* waters as far east A u t h o r it y : H 91.01—1 to 91.05-1 issued 85.05-1 Stern light for motorboats operat­ as Montreal and the waters of the Mis­ under sec. 3, 60 Stat. 238 and sec. 633,63 Stat. ing on the high seas carried on 545; 5 U.S.C. 1002,14 U.S.C. 633. centerline. sissippi River between its source and the Huey P. Long Bridge and all of the Atjthoritt: §§ 85.01—1 to 85.05—1 issued tributaries emptying thereinto and their Subpart 91.01— General Provisions under sec. 3, 60 Stat. 238, and sec. 633, 63 Stat. tributaries, and that part of the Atchaf- 545; 5 U.S.C. 1002, 14 U.S.Q. 633. § 91.01-1 Scope. alaya River above its junction with the Subpart 85.01— General Provisions Plaquemine-Morgan City alternate wa­ The regulations in this part are inter­ terway, and the Red River of the North. pretive rulings with respect to “Rules of § 85.01—1 Scope. the Road” requirements applicable to all § 86.01—5 Assignment o f functions. The regulations in this part are inter­ vessels of the United States while in the pretive rulings with respect to the “Rules The Secretary of the Treasury by Great Lakes and their connecting and of the Road” requirements applicable to Treasury Department Orders 120, dated tributary waters as far east as Montreal all public and private vessels of the July 31, 1950 (15 F.R. 6521), and 167-17, and in the navigation of all other vessels United States while upon the high seas dated June 25,1955 (20 F.R. 4976), dele­ upon such lakes and waters while within and in waters connected therewith when gated to the Commandant, United States the territorial waters of the United subject to the “International Rules” as Coast Guard, authority to prescribe such States. set forth in the Act of October 11, 1951 regulations as necessary to carry out the § 91.01-5 Assignment of functions. (65 Stat. 406-420; 33 U.S.C. 143-147d) provisions of any law administered by the Coast Guard. The interpretive rul­ The Secretary of the Treasury by § 85.01—5 Assignment of functions. ings in this part are prescribed pursuant Treasury Department Orders 1 2 0 , aatea The Secretary of the Treasury by to section 3 of the Administrative Pro­ July 31, 1950 (15 F.R. 6 5 2 1 ), and 167-17, Treasury Department Orders 120, dated cedure Act (5 U.S.C. 1002) and 14 U.S.C. dated June 25,1955 (20 F.R. 4976).dele­ July 31, 1950 (15 F.R. 6521), and 167-17, 633 in the Act of August 4, 1949. gated to the Commandant, United States dated June 25,1955 (20 F.R. 4976), dele­ Coast Guard, authority to prescribe sucn § 86.01—10 Penalties and violations. gated to the Commandant, United States regulations as necessary to carry out Coast Guard, authority to prescribe such (a) Failure to comply with any law provisions of any law administered by regulations as necessary to carry out the as interpreted will be considered as a Coast Guard. The interpretive ruhngsm violation of such law and the penalty this part are prescribed pursuant to sec­ provisions of any law administered by tion 3 of the Administrative Procedur the Coast Guard. The interpretive rul­ may be assessed as provided by law. ings in this part are prescribed pursuant (b) The reports of violations of the Act (5 U.S.C. 1002) and 14 U.S.C. 633 m to section 3 of the Administrative Pro­ “Rules of the Roard,” as well as the the Act of August 4,1949. cedure Act (5 U.S.C. 1002) and 14 U.S.C. assessment, collection, mitigation or § 91.01-10 Penalties and violations. remission of civil penalties authorized by 633 in the Act of August 4, 1949. (a) Failure to comply with any law as law, shall be in accordance with 46 CFR interpreted will be considered as avi Subpart 85.05— Navigation Lights 2.50-20 to 2.50-30, inclusive (Subchapter A— Procedures Applicable to the Public). tion of such law and the penalty may § 85.05—1 Stern light for motorboats assessed as provided by law. operating on the high seas carried on Subpart 86.05— Navigation Lights (b) The reports of violations of centerline. “Rules of the Road,” as well as theas- § 86.05—1 White lights for motorboats Rule 10 of the “International Rules” carried on centerline. sessment, collection, mitigation or remi­ (33 U.S.C. 145h) states, “A vessel when sión of civil penalties authorizedby > underway shall carry at her stern a Every white light required by section shall be in accordance with 4 6 CPR ^ white light, * * This 12-point 3 of the Act of April 25,1940, as amended 20 to 2.50-30, inclusive (Subchaser * white stern light shall be carried on the (46 U.S.C. 526b), shall be carried on the centerline of every motorboat of Class centerline of the motorboat, except that Friday, May 1, 1959 FEDERAL REGISTER 3507

Subpart 91.05— Navigation Lights (46 U.S.C. 526b), shall be carried on the executor, administrator, or assignee of centerline of the motorboat, except that any such motor carrier, and notice of § 91.05—1 White lights for motorboats the all-around white light aft on a carried on centerline. this order shall be given to the general motorboat of Class A or 1 may be carried public by depositing a copy thereof in the Every white light required by section off the centerline. office of the Secretary of the Commis­ 3 of the Act of April 25,1940, as amended § 96.05—5 Stern lights for all vessels. sion at Washington, D.C., and by filing (46 U.S.C. 526b), shall be carried on the the order with the Director, Federal centerline of the motorboat, except that Rule Numbered 10 of section 4233 of Register Division. the all-around white light aft on a the Revised Statutes of the United States, as amended by the Act of August 14, (Sec. 204 and 220; 49 Stat. 546, 563, as motorboat of Class A or 1 may be carried amended; 49 U.S.C^304 and 320, as amended) off the centerlijie. 1958 (33 U.S.C. 319), requires “a vessel when underway, if not otherwise re­ By the Commission, Division 2. quired by these rules to carry one or [ seal] H arold D. M cC o y , more lights visible from aft, shall carry SUBCHAPTER F— NAVIGATION REQUIREMENTS Secretary. FOR WESTERN RIVERS at her stern a white light, * * * ” and this requirement shall be applied to all [F.R. Doc. 59-3682; Filed, Apr. 30, 1959; PART 96— INTERPRETIVE RULINGS vessels, including but not limited to, tugs, 8:46 a.m.] Subchapter F is amended by adding a barges, sail vessels, motorboats when new Part 96 reading as follows: propelled by sail alone, etc. Subpart 96.01— General Provisions Dated: April 27, 1959. Title 46— SHIPPING Sec. [ seal] A. C. R ic h m o n d , Chapter I— Coast Guard, Department 96.01- 1 Scope. Vice Admiral, U.S. Coast Guard 96.01- 5 Assignment of functions. Commandant. of the Treasury 96.01- 10 Penalties and violations. [F.R. Doc. 59-3696; Filed, Apr. 30, 1959; SUBCHAPTER N— EXPLOSIVES OR OTHER DAN­ Subpart 96.05— Navigation Lights 8149 a.m.] GEROUS ARTICLES OR SUBSTANCES AND COM­ BUSTIBLE LIQUIDS ON BOARD VESSELS 96.05- 1 White lights for motorboats car­ ried on centerline. [CGFR 59-9] 96.05- 5 Stern lights for all vessels. Title 49— TRANSPORTATION PART 147— USE OF DANGEROUS AR­ Au t h o r it y : §§ 96.01-1 to 96.05-5 issued sec. 3, 60 Stat. 238, and sec. 633, 63 Stat. 545; Chapter I— Interstate Commerce TICLES AS SHIPS’ STORES AND 5 U.S.C. 1002, 14 U.S.C. 633. Commission SUPPLIES ON BOARD VESSELS

Subpart 96.01— General Provisions SUBCHAPTER B— CARRIERS BY MOTOR VEHICLES Cylinders Containing Compressed § 96.01—1 Scope. [No. 32155 Sub. No. 1] Gas Used as Ships’ Stores The regulations in this part are in­ PART 184—-CHART OF ACCOUNTS In the Marine Engineering Regulations terpretive rules with respect to “Rules of in 46 CFR 55.16-10 (b) it is stated that the Road” requirements applicable to all FOR CLASS II MOTOR CARRIERS OF the liquefied petroleum gas cylinders vessels while in the waters of the Missis­ PROPERTY used in cooking and heating aboard in­ sippi River between its source and the Accounts Prescribed spected vessels are to be constructed, Huey P. Long Bridge and all of the trib­ tested, marked, etc., in accordance with utaries emptying thereinto and their At a session of the Interstate Com­ the regulations of the Interstate Com­ tributaries, and that part of the Atchafa- merce Commission, Division 2, held at its merce Commission, which govern the laya River above its junction with the office in Washington, D.C., on the 23d land transportation of such cylinders. Plaquemine-Morgan City alternate day of April A.D. 1959. This requirement does not apply to the waterway, and the Reel River of the The matter of accounts prescribed for carriage of liquefied petroleum gas North. ^ use by Class n motor carriers of property cylinders carried as ships’ stores and by an order entered November 23, 1956 supplies. The regulation-in 46 CFR § 96.01—5 Assignment of functions. (21 F.R. 9426), being under considera­ 147.04-1 governs the carriage of liquefied The Secretary of the Treasury by tion pursuant to provisions of sections petroleum gas cylinders as ships’ stores Treasury Department Orders 120, dated 204 and 220 of the Interstate Commerce and supplies. Due to an oversight this July 31, 1950 (15 F.R. 6521), and 167-17, Act, as amended; and, regulation still contains a requirement aated June 25,1955 (20 F.R. 4976), dele­ It appearing that an account so pre­ that such cylinders shall be tested e'very gated to the Commandant, United States scribed to include various asset items in­ five years. This five-year test is no coast Guard, his authority to prescribe advertently required inclusion In that longer required by the Interstate Com­ uch regulations as necessary to carry out account of items not logically includible merce Commission of certain cylinders u P^uvisions of any law administered under assets in the balance sheet state­ which are used exclusively for liquefied y the Coast Guard. The interpretive ment; that the public rule-making petroleum gas. u mgs in this part are prescribed pur- requirements of the Administrative Pro­ Since the amendment in this docu­ suaiit to section 3 of the Administrative cedure Act are thus unnecessary for cor­ ment contains revised requirements to TT«od^ e Act (5 u s -c - 1002) and 14 rection of the error; and good cause agree with existing ICC Regulations or u.e>.c. 633 in the Act of August 4,1949. therefore appearing: is editorial in nature, it is hereby found § 96.01—10 Penalties and violations. It is ordered, That effective June 1, that compliance with the Administrative 1959, § 184.5 Accounts prescribed, be and Procedure Act (respecting notice of pro­ afnt-’ 5?llection> mitigation or remis- counts; such new account 186 to include Orders 120, dated July 31, 1950 (15 F.R. shali h0C-ml penalties authorized by law, the substance of and to correspond to 6521), 167-14, dated November 26, 1954 20 in oV? acc°rdance with 46 CFR 2.50- both said account 1920 and also ac­ (19 F.R. 8026), and CGFR 56-28, dated PrO„ J:?°~30> inclusive (Subchapter A— count “1990 Nominally Issued Securi­ July 24, 1956 (21 F.R. 5659), to promul­ cedures Applicable to the Public). ties,” under Class I accounts. gate regulations in accordance with the And it is further ordered, That this * £ 3 ^Tiite lights for motorboats statutes cited with the regulations carried on centerline. order shall be served on each Class I below, the following amendment to and Class II common or contract motor § 147.04-1 is prescribed and shall become of^hp.r l i ^ t required by section 3 carrier of property subject to Part II of effective on the date of publication of Act of April 25, 1940, as amended the Act and on every trustee, receiver, this document in the F ederal R egister. 3508 RULES AND REGULATIONS

D etailed R egu latio ns G o verning U se (5) Cylinders forming part of a sys­ (b) Cylinders containing liquefied pe­ op S h ip s ’ S tores and S u p p l ie s tem installed on board a domestic vessel troleum gas for use as an article of stores shall not be removed from said installa­ on board any domestic vessel subject to § 147.04—1 Cylinder requirements. tion and placed on board any other ves­ the regulations in this subchapter shall (a) Cylinders containing a compressed sel (except in an emergency) when the conform to the following conditions: gas, other than liquefied petroleum gas, test date marking indicates that more (1) All such cylinders shall be con­ for use as an article of stores on board than 5 years have elapsed since the structed, tested, marked, maintained and any domestic vessel subject to the regu­ cylinder was last tested. retested in accordance with the regula­ lations in this subchapter shall conform (6) Cylinders marked showing a test tions of the Interstate Commerce Com­ to the following conditions: date within the preceding 5 years but mission. (1) All cylinders shall be constructed, which show dents or other evidence of (2) All liquefied petroleum gas cylin­ tested and marked in accordance with rough usage or corrosion to such extent ders in service shall Bear a test date the Interstate Commerce Commission as to indicate possible weakness or that marking indicating that they have been specifications in effect upon the date of have lost more than 5 percent of their retested in accordance with the regula­ manufacture and test. official tare weight or that have been in­ tions of the Interstate Commerce Com­ (2) Cylinders shall bear upon the volved in a fire shall not be used or con­ mission. shoulder thereof a test date marking in­ tinued in use as a container of any (3) Regardless of the date of the dicating such cylinder has been tested compressed gas as an article of stores on previous test, a cylinder shall be re­ within a period of 5 years. A cylinder board a vessel until retested and re­ jected for further service when it leaks; continuously installed in place on board marked in accordance with the Inter­ when it is weakened appreciably by cor­ a vessel as part of the vessel’s equipment state Commerce Commission regulations. rosion, denting, bulging or other evidence for a period of time exceeding 5 years, of rough usage; when it has lost more shall, after 12 years have elapsed from A cylinder reclaimed from a previous in­ than five percent of its tare weight; or the date of previous test and marking, be stallation and showing a test date mark­ removed from the vessel, its contents dis­ ing exceeding a period of 5 years shall when it has been involved in a fire. charged, the cylinder retested and not be used as a container of compressed (R.S. 4405, as amended, 4462, as amended, remarked. gas on board a vessel unless the residue 4472, as amended; 46 U.S.C. 375, 416,170. In­ (3) Any cylinder, the contents of of gas within the cylinder has been dis­ terpret or appljrsec. 3, 68 Stat. 675; 50 U.S.C. which have been discharged or which for charged and the cylinder retested and 198; E.O. 10402, 17 F.R. 9917, 3 CFR, 1952 any cause has been removed from a vessel remarked in accordance with require­ Supp.) subsequent to 5 years from the Jast test, ments of the Interstate Commerce Com­ Dated: April 27, 1959. as indicated by the marking, shall be mission regulations for the particular gas retested and remarked. [ seal] A. C. R ichmond, and cylinder involved. Cylinders re­ (4) Retesting, remarking, or recharg­ Vice Admiral, U.S. Coast Guard, ing shall be in accordance with the regu­ tested under any of the above conditions Commandant. lations of the Interstate Commerce Com­ shall have new or renewed valve and mission in effect at the time the opera­ safety relief devices of the proper design [F.R. Doc. 59-3695; Filed, Apr. 30, 1959; tion takes place. installed in the cylinder. 8:49 a.m.]

PROPOSED RULE MAKING

September 1957. The principal changes are incorporated by reference as appen­ ATOMIC ENERGY COMMISSION which would be effected by the following dices to this proposed revision of Part amendments include: 140. Substantial comments have been [ 10 CFR Part 140 ] 1. Modification of the method for de­ received in response to the proposed termining the amounts of financial pro­ amendments published by the Commis­ FINANCIAL PROTECTION REQUIRE­ tection required of licensees; sion on that date and are still under MENTS AND INDEMNITY AGREE­ 2. A requirement of financial protec­ consideration. With respect to the fonai MENTS tion in the amount of $1 million for of nuclear energy liability insurance, the holders of construction permits author­ Commission has been advised that Notice of Proposed Rule Making ized to possess and store special nuclear NELIA and MAELU are considering a On September 11, 1957, the Atomic material at the site of a nuclear reactor number of changes. In the meantime, Energy Commission issued this part, pur­ for subsequent use as fuel in the opera­ nuclear energy liability insurance binders suant to the Atomic Energy Act of 1954, tion of the nuclear reactor; issued by NELIA and MAELU incorpo­ as amended by Public Law 85-256. 3. Procedures for the exemption of rate the form of policy published at za When Part 140 was issued the Commis­ Federal agencies and non-profit educa­ F.R. 6684. The Commission has advised sion stated, among other things, that tional institutions from the requirement persons filing such binders in appropri­ ate amounts that their proof of financial the’regulations therein would be replaced of financial protection; by more definitive regulations. On Au­ 4. Morp specific information require­ protection has been accepted by Atomic Energy Commission under regu­ gust 28, 1958, proposed amendments to ments applicable to licensees furnishing Part. 140 were published in the F ederal financial protection in the form of the lations currently in effect. The form of indemnity agreement R egister designed principally to specify licensee’s resources. the form of indemnity agreements which These amendments would also divide published at 23 F.R. 6681 would be en­ the Commission would enter into with this part into subparts. Subpart A would tered into only with licensees subject to licensees under Part 50, “Licensing of include general provisions applicable to Subpart B of these amendments, ni Production and Utilization Facilities” ; licensees subject to the part. Subpart B light of the provisions of that forth and to grant approval to the form of would not apply to licensees subject to it may finally be adopted by the Com­ nuclear energy liability insurance poli­ Subpart C or D. Subpart C would apply mission, appropriate forms of p^emm y cies issued by the Nuclear Energy Lia­ only to Federal agencies; and Subpart agreement between the Commission bility Insurance Association and the D only to non-profit educational institu­ persons subject to Subpart C ° r P ... Mutual Atomic Energy Liability Under­ tions with respect to licenses for the con­ be incorporated in those subparts, writers organizations (hereinafter re­ duct of educational activities. indemnity agreements entered m the Commission with-licensees whoha spectively referred to as “NELIA” and The proposed form of indemnity “MAELU”). agreement published on August 28, 1958 previously been subject to a r , } e The following proposed amendment (23 F.r ; 6681) and proposed form of in­ of financial protection will be as of the appropriate dates specified constitutes a comprehensive revision of surance policy published in the F ederal FV»a o n n l i A o h l P Part 140 in the light of experience since R egister on the same date (23 F.R . 6684) Friday, May 1, 1959 FEDERAL REGISTER 3509

Subpart A of the following amend­ reactors of the same type, there has been tain cases. As noted above, the formula ments includes provisions substantially insufficient experience to furnish a basis contained in the amendments (§ 140.12) similar to provisions in paragraphs 2 and for differentiating, for purposes of this is used for determining the amounts of 3 of Article IV of the form of in­ part, as to the relative safety of various^ financial protection for reactors having demnity agreement published in 23 F.R. types of reactors. an authorized thermal power level in 6681. These provisions include proce­ In preparing this amendment the Com­ excess of ten megawatts and for power dures for notifying the Commission in mission has taken into consideration the and testing reactors; and its application the event of a nuclear incident which may factors specified in subsection 170b. of is limited by a prescribed minimum of be subject to an indemnity agreement. the Act. The Commission has also con­ $3,500,000 for such reactors and a max­ It seems more appropriate to include sulted with representatives of affected imum of $60,000,000. In applying the such provisions in the regulations rather industries and has taken their sugges­ formula a “base amount” of financial than the indemnity agreement, in order tions into consideration. protection must first be calculated; the that changes may be made from time These amendments would require base amount is then adjusted by a popu­ to time without a need for amending financial protection in the amount of lation factor. each executed indemnity agreement. $1,000,000 for all nuclear reactors having The “base amount” of financial pro­ Such provisions in the regulations will an authorized thermal power level of 10 tection. The base amount of financial be modified as the Commission and in­ kilowatts or less. Financial protection protection is calculated by multiplying terested nuclear energy liability insur­ in the amount of $1,500,000 would be $150 thousand times the maximum ance organizations develop improved required for all nuclear reactors having power level, expressed in thermal mega­ procedures for handling losses. Such an authorized thermal power level in watts, authorized by the applicable modifications would, of course, be made excess of 10 kilowatts but not in excess license. Public Law 85-256 requires fi­ in accordance with the Commission’s of one megawatt. For .all nuclear re­ nancial protection equal to the total customary procedures for the amend­ actors, having a maximum authorized amount of private liability insurance ment of regulations. thermal power level exceeding one mega­ available for all power reactors with a Amounts of financial protection to be watt but not exceeding 10 megawatts, capacity of 100,000 electrical kilowatts required. Under section 170b. of the Act, except testing reactors and reactors or more. Such a relationship applied to licensees authorized to operate nuclear licensed under section 104b. of the Act, all reactors needs to be expressed in reactors having a rated capacity of $2,500,000 of financial protection would thermal capacity since many reactors 100,000 electrical kilowatts or more, are be required. Nuclear reactors designed will not be used in connection with the required to have and maintain financial for the production of electrical energy generation of electricity.^ Although the protection equal to the amount of lia­ and having a rated capacity of 100,000 ratio of thermal to electrical capacity bility insurance available from private electrical kilowatts or more, would be varies somewhat among different reac­ sources. With respect to other licensed required to furnish financial protection tors, the ratio is defined as four-to-one reactors, the Commission may establish in the amount of $60,000,000. All other for purposes of this amendment. a lesser amount on the basis of criteria nuclear reactors would be required to Population factor. Under the pro­ set forth in writing, taking into consider­ calculate amounts of required financial posed formula, the base amount must ation such factors as those specified in protection according to a formula con­ be multiplied by a population factor. section 170b. tained in § 140.12 of these amendments, The population factor is designed to take The amount of financial protection subject to a minimum of $3,500,000 and into account the population in a reason­ which would be required under these a maximum of $60,000,000. Nuclear ably sized area surrounding the reactor amendments for any given reactor should energy liability insurance is available in and the proximity of that population to not be construed as indicating what the amounts up to $60,000,000. the reactor. potential or probable damages might be Research reactors authorized to op­ There are two steps involved in deter­ if a serious .accident involving that re­ erate at a maximum power level of ten, mining the population factor to be used actor were to occur. An attempt to cal­ thermal kilowatts or less will possess in any particlar case. First, the area culate a dollar amount of damages which only a modest amount of excess reactiv­ to be considered must be determined. might be caused by an accident involving ity, and their-experimental facilities will Under this amendment, the area to be any licensed reactor would require com­ present no substantial hazard probabil­ considered for any given facility is a plex and lengthy theoretical studies, the ity. Reactors in this category frequently circle with the facility at its center and results of which would depend upon the do not require building containment. the radius equal to the square root of the type and validity of the assumptions (as In the power range from 10 to and in­ maximum authorized power level in to the various circumstances of the the­ cluding 1000 kilowatts, research reactors thermal megawatts. This formula for oretical accident) made in undertaking require additional reactivity to over­ determining the area appears to be rea­ the study. The results would in almost come effects of xenon, samarium and sonable in light of the. fact that under very case be without significance for other fission products and to provide for normal conditions, fission products re­ Purposes of this regulation because the the experimental facilities characteristic leased to the atmosphere are diluted at reactor accidents postulated for study of reactors in this power range. Such various distances from the point of re­ Purposes and the theoretical conse­ reactors usually require some degree of lease approximately in proportion to the quences calculated for such accidents, building containment and/or isolation. square of the distance from that point. e n°t likely to be similar to those, if For research reactors authorized to It should be emphasized, however, that uy, which will occur, it is consequently operate in the range of thermal power the method for determining the area to ,sign^ cant for purposes of this levels above one megawatt, but not ex­ be considered does not represent a judg­ to devise equitable means for ceeding ten megawatts,_the available ex­ ment as to the size of the area which tm«Uia u g am°unts of financial protec- cess reactivity is considerably greater might actually be affected by any par­ i7Ari f° re(lulred for reactors author- than those which may be operated at ticular reactor accident. 0p1ra^e more substantial lower power level, and the experimental The second step is to identify all minor enooe lefY?*s’ ^>ased upon relative differ­ facilities are considerably more elabo­ civil divisions (as shown in the 1950 Cen­ ing «Jf**'*1 respect to power level and rate. For example, with solid fuel re­ sus of Population, Bureau of the Census, for and to specify fixed amounts actors in this range of power, provision or later data available from the Bureau) at authorized to operate only must be made for emergency cooling of which are, in whole or in part, within the it rt relatlvely lower power levels, the core, because if the main coolant is circle determined in step one. The pop­ of amendment, the amounts lost during operation, it is possible that ulation of each such minor civil division varv on0^ 1 £r°tection required do not the core might melt and consequently (according to the same census) is divided type«? nf ~ ^as^s of differences in the release appreciable quantities of fission by the square of the estimated distance sion’«s vo„re,a^t°rs- Under the Commis- products. Reactors in this power range from the reactor to the geographic center must rnGgw i lons’ a^ licensed reactors require containment and isolation to a of the minor civil division in order to quhem^? thAe, Comrnission’s safety re- degree consistent with the analysis of give greater weight to population close there may be dif- the hazards. to the reactor than to more distant pop­ reactor e relative safety of various The proposed formula for determining ulation. The sum of the quotients thus types, or as between different amounts of financial protection in cer­ obtained for each minor civil division 3510 PROPOSED RULE MAKING wholly or partly within the circle repre­ Notice is hereby given that adoption § 140.2 Scope. sents the population witlpn the area of the following amendment to Part 140, (a) The regulations in this part apply weighted roughly according to the square 10 CFR, “Financial Protection Require­ to each person who is an applicant for of the distance from the reactor. Step ments and Indemnity Agreements”, is or holder of a license issued pursuant to 2 is completed by assigning a population contemplated. All interested persons Part 50 of this chapter to operate a nu­ factor ranging from 1 to 1.5 based on the who desire to submit written comments clear reactor. weighted population within the circle. and suggestions for consideration in con­ (b) (1) Subpart B does not apply to Consideration was given to incorporat­ nection with the proposed amendment any person subject to Subpart C or D. ing into the formula a factor to reflect should send them to the United states JSubpart C applies only to persons found precise property values within the area Atomic Energy Commission, Washington by the Commission to be Federal under consideration, but no suitable 25, D.C., Attention: Director, Division of agencies. Subpart D applies only to means for doing so could be found. Licensing and Regulation, within 30 days persons found by the Commission to be Amount of financial protection in cases after publication of this notice in the nonprofit educational institutions with where a licensee is licensed to operate F ederal R egister. respect to licenses and applications for two or more nuclear reactors at a single If sufficient interest is shown, the Com­ licenses for the conduct or educational location. Representatives* of the insur­ mission will consider holding a public abtivities. ance syndicates have advised that the rule making hearipg with respect to the (2) Any applicant or licensee subject nuclear energy liability policies which proposed new §§ 140.11,140.12 and 140.13 to this part may apply for a finding that they are planning to issue will cover pursuant to the provisions of its rules of such applicant or licensee is subject to nuclear hazards arising out of the pos­ practice (10 CFR Part 2). the provisions of Subpart C or D. The session, disposal or use of special nuclear Subpart A— General Provisions application should state the grounds for material at a described location; that Sec. the requested finding. Any application they do not plan to issue separate policies 140.1 Purpose. for a finding pursuant to this paragraph for particular activities or reactors at a 140.2 Scope. may be included in an application for single location; and that the limit of lia­ 140.3 Definitions. 140.4 Interpretations. license. bility provided in the policy will be the 140.5 Communications. § 140.3 Definitions. total aggregate liability of the companies 140.6 Reports. under the policy for all nuclear energy 140.7 Fees. As used in this part, hazards with respect to the location. 140.8 Specific exemptions. (a) “Act” means the Atomic Energy Under the proposed amendments, such Act of 1954 (68 Stat. 919) including any policies may be furnished as financial Subpart B— Provisions Applicable to Applicants amendments thereto. and Licensees Other Than Federal Agencies protection provided that the limit of lia­ (b) “Commission” means the Atomic and Nonprofit Educational Institutions bility provided in the policy is at least Energy Commission or its duly author­ equal to the highest amount of financial 140.10 Scope. ized representatives. protection required under the amend­ 140.11 Amounts of financial protection for (c) “Federal agency” means a Gov­ certain reactors. ments for any reactor at the location. 140.12 Amount of financial protection re­ ernment agency such that any liability Thus, if a licensee is authorized to oper­ quired for other reactors. in tort based on the activities of such ate three reactors at the location desig­ 140.13 Amount of financial protection re­ agency would be satisfied by funds appro­ nated in such a policy, and the amount quired of certain holders of con­ priated by the Congress and paid out of of financial protection required for the struction permits. the United States Treasury. reactors is $4,000,000, $2,500,000 and 140.14 Types of financial protection. (d) “Financial protection” means the $1,000,000, respectively, the amendments 140.15 Proof of financial protection. ability to respond in damages for public 140.16 Commission review of proof of finan­ liability and to meet the costs of investi­ require that the limit of liability stated cial protection. in the policy be not less than $4,000,000. 140.17 Special provisions applicable to li­ gating and defending claims and settling The amendments would also permit li­ censees furnishing financial protec­ suits for such damages. censees who furnish financial protection tion in whole or in part in the form (e) “Government agency” means any in a form other than a policy of liability of liability insurance. executive department, commission, in­ insurance to calculate the amount of 140.18 Special provisions applicable to li­ dependent establishment, corporation, financial protection required for a num­ censees furnishing financial pro­ wholly or partly owned by the United ber of reactors at the same location on tection in whole or in part in the States of America which is an instru­ form of adequate resources. mentality of the United States, or any the same basis. 140.19 Failure by licensees to maintain Exemptions from financial protection financial protection. board, bureau, division, service, office, of­ requirements. Prior to the approval of 140.20 Indemnity agreements. ficer, authority, administration, oç other Public Law 85-744, section 170 of the establishment in the executive branch of Atomic Energy Act of 1954, as amended, Subpart C— Provisions Applicable Only to the Government. and the Atomic Energy Commission’s Federal Agencies (f) “Nuclear reactor” means any ap­ regulations, required each licensee au­ 140.51 Scope. paratus, other than an atomic weapon, thorized to operate a nuclear reactor to 140.52 Indemnity agreements. designed or used to sustain nuclear fis­ sion in a self-supporting chain reaction. have and maintain financial protection Subpart D— Provisions Applicable Only to Non­ in an amount specified by the Commis­ profit Educational Institutions (g) “Person” means (1) any individ­ sion to cover public liability claims. A ual, corporation, partnership, firm, asso­ 140.71 Scope."1 ciation, trust, estate, public, or private number of licensees and applicants 140.72 Indemnity agreements. which were State agencies were unable to institution, group, Government agency comply with the financial protection re­ A u t h o r it y : § 140.1 to 140.72 issued under other than the Commission, any State or quirements. Public Law 85-744 was en­ sec. 161, 68 Stat. 948; 42 U.S.C. 2201. In ­ any political subdivision thereof, or any terpret or apply sec. 4, Public Law 85-256; political entity within a State, any for­ acted primarily to meet this problem. Public Law 85-744. The new law exempts licenses issued eign government or nation or any politi­ for the conduct of educational activities Subpart A— General Provisions cal subdivision of any such government to nonprofit educational institutions or nation, or other entity; and (2) any from the financial protection require­ § 140.1 Purpose. infroi cnonoooAi* rpnrpsfititRtive. agent, or ments of subsection 170a. of the Atomic The regulations in this part are issued agency of the foregoing. Energy Act. to provide appropriate procedures and (h ) “Source material” means source The Commission has concluded that it requirements for determining the finan­ material as defined in the regulations may enter into indemnity agreements cial protection required of licensees and contained in Part 40 of this chapter. with agencies of the Federal Government for the indemnification and limitation (i) “Special nuclear material” means (as defined in the proposed amendments) of liability of certain licensees and other (1) plutonium, uranim 233, uranium en­ under subsection 170c of the Atomic persons pursuant to section 170 of the riched in the isotope 233 or in the iso- Energy Act without requiring such agen­ Atomic Energy Act of 1954 (68 Stat. tope 235, and any other matenaLwhicn cies to furnish financial protection. 919), as amended. the Commission, pursuant to the/ provi- Friday, May 1, 1959 FEDERAL REGISTER 3511

sions of section 51 of the Act, determines this part, the licensee shall, as promptly § 140.11 Amounts o f financial protec­ to be special nuclear material, but does as practicable, furnish a complete in­ tion for certain reactors. not include source material; or (2) any ventory of the damage claimed to such material artificially enriched by any of property, showing in detail the amount (a) Each licensee is required to have the foregoing, but does not include source thereof. and maintain financial protection material. (e) The licensee shall notify the Com­ (1) In the amount of $1,000,000 for (j) “Testing reactor” means a nuclearmission promptly of each payment made each nuclear reactor he is authorized to reactor which is of a type described in under any policy of liability insurance operate at a thermal power level not exceeding ten kilowatts; § 50.21(c) of this chapter and for which maintained by the licensee pursuant to a license has been applied for authoriz­ the requirements of this part, including (2) In the amount of $1,500,000 for ing operation at: payments of claims and of costs of in­ each nuclear reactor he is authorized to (!) A thermal power level in excess of vestigating and settling claims and de­ operate at a thermal power level in 10 megawatts; or fending suits for damage. excess of ten kilowatts but not in excess of one megawatt; (2) A thermal power level in excess of (d) The Commission may require any 1 megawatt, if the reactor is to contain: person subject to this part to' keep such (3) In the amount of $2,500,000 for (i) A circulating loop through the core records and furnish such reports to tlie each nuclear reactor other than a test­ in which the applicant proposes to con­ Commission as the Commission deems ing reactor or a reactor licensed under duct fuel experiments; or necessary for the administration of the section 104b. of the Act which he is au­ (ii) A liquid fuel loading; or regulations in this part. thorized to operate at a thermal power (iii) An experimental facility in the level exceeding one megawatt but not in core in excess of 16 square inches in § 140.7 Fees. excess of ten megawatts; and cross-section. (a) Each licensee shall pay a fee to (4) In the amount of $60,000,000 for each nuclear reactor he is authorized to § 140.4 Interpretations. the Commission at the rate of $30 per year per thousand kilowatts of thermal operate and which is designed for the Except as specifically authorized by capacity authorized in its license: Pro­ production of electrical energy and has the Commission in writing, no interpre­ vided, That no fee shall be less than $100 a rated capacity of 100,000 electrical tations of the meaning of the regulations per annum for any nuclear reactor. kilowatts or more. in this part by any officer or employee Such fee shall be due for the period be­ (b ) In any base where a person is of the Commission other than a written ginning with the date on which the ap­ authorized pursuant to Part 50 of this interpretation by the General Counsel plicable indemnity agreement is effective chapter to operate two or more nuclear will be recognized to be binding upon the and shall be paid in accordance with reactors at the same location, the total Commission. billing instructions received from the financial protection required of the li­ censee for all such reactors is the highest § 140.5 Communications. Commission. (b) Where a licensee manufactures a amount which would otherwise be re­ All communications concerning the number of nuclear reactors each having quired for any one of those reactors: Pro­ regulations in this part should be ad­ a power level not exceeding 3% mega­ vided, That such financial protection dressed to the Atomic Energy Commis­ watts, for sale to others and operates covers all reactors at the location. sion, Washington 25, D.C., Attention: Di­ them at the licensee’s location tempor- § 140.12 ^ Amount o f financial protection vision of Licensing and Regulation. rarily prior to delivery, the licensee shall required for other reactors. § 140.6 Reports. report to the Commission the maximum (a) Each licensee is required to have number of such reactors to be operated (a) In the event of bodily injury or' and maintain financial protection for at that location at any one time. In such property damage arising out of or in con­ each nuclear reactor for which the cases, the fee shall equal $100 multiplied nection with the possession or use of the amount of financial protection is not de­ by the number of reactors reported by radioactive material at the location or termined in § 140.11, in an amount deter­ the licensee. In the event the number of in the course of transportation or in mined pursuant to the formula and other reactors operated at any one time exceed the event of an occurrence which may provisions of this section: Provided, That the estimate so reported, the licensee give rise to claims therefor, written no- in no event shall the amount of financial shall report the additional number of protection required for any nuclear re­ ~.ce containing particulars sufficient to reactors to the Commission and addi­ identify the licensee and reasonably ob- actor under this section be less than tional charges will be made. If exper­ ainable information with respect to the $3,500,000 or more than $60,000,000. ience shows that less than the estimated ~n®* place, and circumstances thereof, (b) (1) The formula is: number of reactors have been operated, n identification of damaged property appropriate adjustment in subsequent x = B times P. ana of the owners of such property, of bills will be made by the Commission. individuals, and the names and (2) In the formula: addresses of available witnesses, shall § 140.8 Specific exemptions. x=Amount of financial protection in dol­ nrnished by or for the licensee to lars. The Commission may, upon applica­ i l ission ns promptly as practi- B=Base amount of financial protection. tion by any interested person, grant such P=Population factor. claim is made or suit is exemptions from the requirements of this noreni1 • the licensee or other part as it determines are authorized by (3) The base amount of financial pro­ man *ndemnified, a copy of every de- law and are otherwise in the public tection is equal to $150 times the maxi­ rerphJ*°uCe’ summons or other process interest. mum power level, expressed in thermal sentt^ b3L the iicensee or his repre- kilowatts, as authorized by the applicable sentative shall be furnished by or for Subpart B— Provisions Applicable license. oromntiensee the Commission as Only to Applicants and Licensees (4) The population factor (P ) shall be r a f f ! ? as Practicable. The terms “the Other Than Federal Agencies and determined as follows: radioactive material”, “the location”, (i) Step 1. The area to be considered Clear i n ^ rS!,,of transportation”, “nu- Nonprofit Educational Institutions includes all minor civil divisions (as fied” and “person indemni- § 140.10 Scope. shown in the 1950 Census of Population, the this section shall have Bureau of the Census, or later data avail­ indemnity11!! defined 1x1 the applicable. This subpart applies to applicants for able from the Bureau) which are wholly c e n s S iS agreement between the li- and holders of licenses issued pursuant to or partly within a circle with the facility (bi% d the Commission, Part 50 of this chapter authorizing op­ at its center and having a radius in by a mioi tile. event ° f damage caused eration of nuclear reactors, except miles equal to the square root of the license* ^ m®ident to Property of the licenses for the conduct of educational maximum authorized power level in Commi ’ f° r wlnch it appears that the activities issued to, or applied for by, per­ thermal megawatts. ¡ ¡ ¡ 2 5 ? “ ? ay be ^quested to make sons found by the Commission to be (ii) Step 2. Identify all minor civil divisions according to the same census demnitv q Under Provisions of an in- nonprofit educational institutions and which are in whole or in part within the the n yagreement entered into between except persons found by the Commission llcensee and the Commission under circle determined in Step 1. Determine to be Federal agencies. the population of each such minor civil 3512 PROPOSED RULE MAKING division (according to the same census tection for another type without first protection in accordance with the re­ or later data available from the Bureau obtaining the written approval of the quirements of this part, approval of the of the Census). For each minor civil Commission. financial protection will be evidenced by incorporation of appropriate provision division, divide its population by the § 140.15 Proof of financial protection. square of the estimated distance in miles in the license. (a ) Proof of financial protection in from the reactor to the geographic cen­ § 140.17 Special provisions applicable ter of the minor civil division. If the the case of licensees who maintain finan­ to licensees furnishing financial pro­ sum of the quotients thus obtained for cial protection in whole or in part in the tection in whole or in part in the all minor civil divisions wholly or partly form of liability insurance shall (with form of liability insurance. within the circle is 1,000 or less, the popu­ respect to such insurance) consist of a copy of the liability policy (or policies) In any case where a licensee under­ lation factor is 1. If the sum of these takes to maintain financial protection in quotients is more than 1,000 but not more together with a certificate by the issuing organization or organizations stating the form of liability insurance for all or than 3,000, the population factor is 1.1. part of the financial protection required If the sum of these quotients is more that said copy is a true copy of a cur­ rently effective policy issued to the by this part, than 3,000 but not more than 5,000, the (a) The Commission may require population factor is 1.2. If the sum of licensee. The licensee may furnish such financial protection in the form of the proof that the organization or organiza­ these quotients is more than 5,000 but not tions which have issued such policies more than 7,000, the population factor is nuclear energy liability insurance policy are legally authorized to issue them and 1.3. If the sum of these quotients is set forth in Appendix “A ” of this part. The Commission will accept any other do business in the United States and have more than 7,000 but not more than 9,000, clear ability to meet their obligations; the population factor is 1.4. If the sum form of nuclear energy liability insur­ and of these quotients is more than 9,000, the ance as proof of financial protection, if it determines that the provisions of such (b) At least 30 days prior to the ex­ population factor is 1.5. piration of any such policy, the licensee (c) In any case where a person is au- insurance provide financial protection under the requirements of the Com­ shall notify the Commission of the re­ thorized pursuant to Part 50 of this chap­ newal of such policy or shall file proof ter to operate two or more nuclear reac­ mission’s regulations and the Act. of financial protection in some other tors at the same location, the total finan­ (b) Proof of financial protection in form. cial protection required of the licensee the case of licensees who maintain finan­ for all such reactors is the highest cial protection in whole or in part in the § 140.18 Special provisions applicable amount which would otherwise be re­ form specified in § 140.14(a) (2) shall to licensees furnishing financial pro- quired for any one of those reactors, consist of a showing that the licensee tection in whole or in part in the provided that such financial protection clearly has adequate resources to pro­ form o f adequate resources. covers all reactors at the location. vide the financial protection required In any case where a licensee under­ (d) "Except in cases where the amount under this part. For this purpose, the takes to maintain financial protection of financial protection calculated under applicant or licensee shall file with the in the form specified in § 140.14(a) (2) for this section is a multiple of' $100,000, Commission: all or part of the financial protection amounts determined pursuant to this (1) Annual financial statements for required by this part, section shall be adjusted to the next the three complete calendar or fiscal (a) The licensee shall file with the highest multiple of $100,000. years preceding the date of filing, to­ Commission at least annually, before gether with an opinion thereon by a cer­ § 140.13 Amount of financial protection such dates as are specified in the appli­ tified public accountant. The financial cable written approval issued by the required of certain holders of con­ statements shall include balance sheets, struction permits. Commission pursuant to § 140.16, a operating statements and such support­ balance sheet and operating statement Each holder of a construction permit ing schedules as may be needed for in­ prepared and certified by a certified under Part 50 of this chapter author­ terpretation of the balance sheets and public accountant in accordance with izing construction of a nuclear reactor, operating statements. conventional accounting practices. who is also the holder of a license under (2) If the most recent statements re­ (b) The Commission may require Part 70 of this chapter authorizing pos­ quired under subparagraph (1) have such licensee to file with the Commission session and storage only of special been prepared as of a date more than such additional financial information as nuclear material at the site of the 90 days prior to the date of filing, simi­ the Commission determines to be ap­ nuclear reactor for use as fuel in opera­ lar financial statements, prepared as of propriate for the purpose of determining tion of the nuclear reactor after issu­ a date not more than 90 days prior to whether the licensee is maintaining ance of an operating license under Part the date of filing, should be included. financial protection as required by this 50 of this chapter, shall (during the These statements need not be reviewed part. period prior to issuance of the license by a certified public accountant. authorizing operation of the reactor) (c) The Commission may require any § 140.19 Failure by licensees to main­ have and maintain financial protection licensee to file with the Commission such tain financial protection. in the amount of $1,000,000. Proof of additional proof of financial protection In any case where the Commission financial protection shall be filed with or other financial information as the finds that the financial protection main­ the Commission in the manner specified Commissioner determines to be appro­ tained by a licensee is not adequate to in § 140.15 prior to issuance of the license priate for the purpose of determining meet the requirements of this part, the under Part 70 of this chapter. whether the licensee is maintaining fi­ Commission may suspend or revoke the license or may issue such order with re­ § 140.14 Types o f financial protection. nancial protection as required under this parti spect to licensed activities as the Com­ (a) The amounts of financial protec­ (d) Proof of financial protection shall mission determines to be appropriate or tion required under this part may be fur­ be subject to the approval of the Com­ necessary in order to carry out the pro­ nished and maintained in the form o f: mission. visions of this part and of section 1« (1) An effective policy of liability in­ (e) The licensee shall promptly notify of the Act. surance from private sources; or the Commission Of any material change 40.20 Indemnity agreements, (2) Adequate resources to provide the in proof of financial protection or in financial protection required by § 140.11 other financial information filed with a) The Commission will execute and or § 140.12; or the Commission under this part. îe agreements of indemnity pursua (3) Such other type of financial pro­ the regulations in this part or s tection as the Commission may approve ; § 140.16 Commission review of proof o f ier regulations as may be issuea or financial protection. ! Commission. Such agreements, (4) Any combination of the foregoing. The Commission will review proof of any licensee, shall be effective ■ (b) In any case where the Commission financial protection filed by any licensee 1) The effective date of has approved proof of financial protec­ or applicant for license. If the Com­ med pursuant to Part 50 of ■> tv.a licensee to operas tion filed by a licensee the licensee shall mission finds that the licensee or appli­ not substitute one type of financial pro­ cant for license is maintaining financial Friday, May 1, 1959 FEDERAL REGISTER 3513

(2) The effective date of the license that this subpart does riot apply to Fed­ of the matter, it has been determined (issued pursuant to Part 70 of this chap­ eral agencies. that the requirements concerning “re­ ter) authorizing the licensee to possess § 140.72 Indemnity agreements. lated companies” should be eliminated. and store special nuclear material at the Notice is hereby given that under the site of the nuclear reactor for use as fuel (a) The Commission will execute authority of section 42 of the Act of July in operation of the nuclear reactor after agreements of indemnity with each per­ 5, 1946 (15 U.S.C. 1124), it is proposed issuance of an operating license for the son subject to this subpart in accordance to amend §§ 11.14(b), 11.15(a) and 11.16, reactor. with this part or such other regulations Custoiris fegulations, to eliminate refer­ as may be issued by the Commission. whichever is earlier. No such agreement, ences to “related companies.” Each such agreement shall contain such The amendment in tentative form is however, shall be effective prior to Sep­ provisions as are required by law and tember 26, 1957. as follows: such additional provisions as may be in­ Section 11.14(b) is amended by delet­ (b) (1) The general form of indemnity corporated therein by the Commission agreement to be entered into by the Com­ ing “, or by a related company as defined pursuant to regulation. Such agree­ in section 45 of the Trade-Mark Act of mission with licensees subject to this sub­ ments, as to any licensee, shall be effec­ part is set forth in Appendix “B ”. The 1946.17” found in the last sentence and tive on: adding a period following “corporation”. form of indemnity agreement to be en­ (1) The effective date of the license tered into by the Commission with any Part 11 is amended by deleting foot­ (issued pursuant to Part 50 of this note 17. particular licensee under this part shall chapter) authorizing the licensee to contain such modifications of the form The citation of authority for § 11.14(b) operate the nuclear reactor involved; or in Appendix “B ” as are provided for in is amended to read “ (Sec. 42,60 Stat. 440, (2) The effective date of the license applicable licenses, regulations or orders sec. 526, 46 Stat. 741; 15 U.S.C. 1124, 19 (issued pursuant to Part 70 of this of the Commission. U.S.C. 1526) ”. chapter) authorizing the licensee to (2) Each licensee who has executed Section 11.15(a) is amended by delet­ possess and store special nuclear mate­ an indemnity agreement under this part ing “related company or” found in the rial at the site of the nuclear reactor for shall enter into such agreements amend­ first sentence. use as fuel in operation of the nuclear ing such indemnity agreement as are re­ Section 11.16 is amended by deleting reactor after issuance of an operating “related company or” found in the first quired by applicable licenses, regula­ license, tions or orders of the Commission. sentence. whichever is earlier. No such agree­ Prior to the final adoption of such Subpart C— Provisions Applicable ment shall be effective as of a date earlier regulations, consideration will be given Only to Federal Agencies thair August 23, 1958, except that the to any data, views, or arguments per­ taining thereto which are submitted in § 140.51 Scope. Commission may upon good cause found, make such agreement effective as of a writing to the Commissioner of Customs, This subpart applies only to persons date prior to August 23, 1958. In no Bureau of Customs, Washington 25, D.C., found by the Commission to be Federal ' event may the agreement be effective as and received not later than 60 days from agencies, which have applied for or are of a date prior to September 26, 1957. the date of publication of this notice in holders of licenses issued pursuant to the F ederal R egister. N o hearing will Part 50 of this chapter authorizing op­ Appendix “A ”—Proposed Form of In­ be held. eration of nuclear reactors. surance Policy (See 23 F.R. 6684) Appendix “B”—Proposed Form of In­ [ seal] " R a l p h K e l l y , § 140.52 Indemnity agreements. demnity Agreement (See 23 F.R. 6681) Commissioner of Customs. (a) The Commission will execute Dated at Germantown, Maryland, this Approved: April27,1859. agreements of indemnity with each Fed­ 27th day of April 1959. A. G ilm o r e F lu es, eral agency subject to this subpart pur­ Acting Secretary of the Treasury. suant to the regulations in this part or For the Atomic Energy Commission. such other regulations as may be issued A. R. L uedecke, [F.R. Doc. 59-3897; Filed, Apr. 30, 1959; by the Commission. Each such agree­ General Manager. 8:49 a.m.] ment shall contain such provisions as are required by law and such additional [F.R. Doc. 59-3704; Filed, Apr. 30, 1959; 8:50 a.m.] provisions as may be incorporated there- m by the Commission pursuant to reg­ DEPARTMENT OF LADOR ulation. Such agreements, as to any Division of Public Contracts licensee, shall be effective on: DEPARTMENT OF THE TREASURY (1 ) The effective date of the license [41 CFR Part 2021 ¡ S v pursuant to Part 50) authorizing Bureau of Customs hcensee to operate the nuclear re­ MINIMUM WAGE DETERMINATION actor involved; or [ 19 CFR Part 11 ] Fabricated Structural Steel Industry; /• ,'r*ie effective date of the license TRADE-MARKS AND TRADE NAMES Notice of Extension of Time To E d ,pursuant to Part 7 0 of this pJ:er) authorizing the licensee to Notice of Proposed Rule Making Submit Exceptions rini!tS+^nd.5 t(>re sPecial nuclear mate- An applicant for recording a trade­ On March 27, 1959, notice was pub­ i]ca the site of the nuclear reactor for mark or trade name with the Treasury lished in the F ederal R egister (24 F.R . i n 4 operation of the nuclear Department is required by existing reg­ 2404-2407) of the tentative decision in liPpn„.r .atter issuance of an operating ulations to disclose the name and address the determination of prevailing mini­ ucense for the reactor, of each related company or foreign per­ mum wages in the Fabricated Structural son, partnership, association or corpora­ Steel Industry. The notice provided that mrnthei f te earlier- No such agree- tion using the trade-mark while acting toSP; £ r ver’ siialt be effective prior within fifteen days from the date of its September 2 6 , 1 9 5 7 , as the principal or agent of the trade­ publication interested persons could sub­ mark owner. The term “related com­ mit to the Secretary of Labor, Washing­ UQ**?rt ^“-Provisions Applicable pany” refers to any person, partnership, ton 25, D.C., their written exceptions to association or corporation which legi­ .... 0 Nonprofit Educational In­ the proposed actions. A second notice stitutions timately controls, or is controlled by, the was published on April 18, 1959 (24 F.R. registrant or applicant for registration § !40 7i Scope< 2996), that for good cause shown, the in respect to the nature and quality of time for filing such exceptions was ex­ the goods in connection with which the tended to May 2, 1959. applies only to applicants mark is used. Goods originating with Notice is hereby given, upon good cause c o n fi 0? S rS °{.licenses issued for the the trade-mark owner’s foreign related shown, that the time for filing such sons fourni £dp£ational activities to per- company, and bearing the trade-mark, written exceptions with the Secretary of profit Ad Commission to be non- are not excluded from entry under exist­ 1 educational institutions, except Labor is further extended to May 18, No. 85----- 7 ing regulations. After reconsideration 1959. 3514 PROPOSED RULE MAKING

Signed at Washington, D.C., this 29th presently held by them, or proposes to will be entitled to subscribe to the secu­ day of April 1959. make an offering of securities to its em­ rities proposed to be offered, the sub­ ployees or to tha employees of an affiliate. scription ratio, the proposed record date, James P. M itchell, The text of the rule as proposed to be the approximate date upon which the Secretary of Labor. amended is as follows; rights are proposed to be issued, the pro­ [F.R. Doc. 59-3772; Filed, Apr. 30, 1959; posed term or expiration date of the 12:14 p.m.] § 230.135 Notice of certain proposed rights and the approximate subscription offerings. price, or any of the foregoing; (a) For the purposes only of section (4) In the case of an exchange offer­ 5 of the Act, the following notices sent ing, the name of the issuer and the title SECURITIES AND EXCHANGE by an issuer in accordance with the terms of the securities to be surrendered in and conditions of this section shall not exchange for the securities to be offered, COMMISSION be deemed to offer any security for sale: the basis upon which the exchange is ( 1 ) A notice to any class of its securityproposed to be made and the period dur­ [1 7 CFR Part 2301 holders advising them that it proposes to ing which the-exchange may be made, or CERTAIN PROPOSED OFFERINGS issue to such security holders rights to any of the foregoing; subscribe to other securities of such (5) In the case of an offering to em­ Notice of Proposed Rule Making issuer; ployees, the name of the employer and Notice is hereby given that the Securi­ (2) A notice to any class of security class or classes of employees to whom the securities are proposed to be offered, the ties and Exchange Commission has under holders of such issuer or of another issuer advising them that it proposes to offer its offering price or basis of the offering and consideration a proposed amendment of securities to them in exchange for other. the period dining which the offering is its Rule 135 under the Securities Act of securities presently held by such security ' to be made, or any of the foregoing; and 1933. " J (6) Any statement or legend required This rule provides that a notice or holders; or by State law or administrative authority. other communication sent by an issuer to (3) A notice to its employees or to the security holders to inform them of the employees of any affiliate advising them All interested persons are invited to proposed issuance of rights to subscribe that it proposes to make an offering of its submit their views and comments on the to additional securities shall not be securities to such employees exclusively. proposed amended rule, in writing, to the deemed to offer any security for sale if (b) Such notice shall be sent not more Securities and Exchange 'Commission, the communication is transmitted within than (K) days prior to the proposed date Washington 25, D.C., on or before May 60 days prior to the record date, states of the initial offering of the securities, 25, 1959. All such communications re­ that the offering will be made only by shall state that the offering will be made ceived in regard to the proposed amended the prospectus and in addition contains only by means of a prospectus which will rule will be considered available for only certain specified information neces­ be furnished to such security holders or public inspection. employees, as the case may be, and shall sary to inform the security holders of the By the Commission, forthcoming offering. contain no more than the following The proposed amendment would ex­ information: [ seal] O rval L. D uBois, pand the rule to authorize the sending (1) The name of the issuer; Secretary. of similar notices where an issuer pro­ (2) The title of the securities proposed A pril 23, 1959. poses to offer securities to its own security to be offered; holders or to the security holders of (3) In the case of a rights offering, the [F.R. Doc. 59-3680; Filed, Apr. 30, 1959; another issuer in exchange for securities class of securities the holders of which 8:46 a.m.]

NOTICES DEPARTMENT OF JUSTICE LADISLAU RIMAI DEPARTMENT OF THE INTERIOR Office of Alien Property Notice of Intention To Return Vested Bureau of Land Management Property EMIL HEES NEVADA Notice of Intention To Return Vested Pursuant to section 32(f) of the Trad­ ing With the Enemy Act, as amended, Property Notice of Proposed Withdrawal and notice is hereby given of intention to re­ Reservation of Lands Pursuant to section 32(f) of the Trad­ turn, on or after 30 days from the date ing With the Enemy Act, as amended, of publication hereof, the following prop­ A pril 24, 1959. notice is hereby given of intention to erty, subject to any increase or decrease The Bureau of Land Management pro­ return, on or after 30 days from the date resulting from the administration poses to withdraw under Serial • of publication hereof, the following prop­ thereof prior to return, and after ade­ Nevada-051062, the land described below erty, subject to any increase or decrease quate provision for taxes and conserva­ from all forms of appropriation, includ­ resulting from the administration there­ tory expenses: ing the mining and mineral leasing ia • of prior to return, and after adequate The Bureau desires the land as an aa- Claimant, Claim No., Property, and Location provision for taxes and conservatory ministrative site for storage facilities expenses: Ladislau Rimai, Rua Proff, Alfonso Bovero fire equipment in furtherance of an im­ Claimant, Claim No., Property, and. Location 1069, Sao Paulo, Brazil; Claim No. 41962; proved range fire protection system. Dr. Emil Hees, Chemin Etienne Duval 8, $596.96 in the Treasury of the United States. For a period of 30 days from the date Petit-Saconnex, Geneva, Switzerland; Claim Vesting Order No. 6876. of publication of this notice, Persons hav­ No. 61022; $11,272.18 in the Treasury of the ing cause may present their objections United States. Vesting Order No. 18005. Executed at Washington, D.C., on writing to the undersigned officiaioiiu Executed at Washington, D.C., on April 22, 1959. Bureau of Land Management, Depart ment of the Interior, P.O. Box l&oi* April 21, 1959. For the Attorney General. For the Attorney General. Reno, Nevada. [ seal] P aul V. M yron, If circumstances warrant it, a puo [ seal] P aul V. M yron, Deputy Director, hearing will be held at a convenien Deputy Director, Office of Alien Property. Office of Alien Property. and place, which will be announced- The determination of the Secretary^ [F.R. Doc. 59-3693; Filed, Apr. 30, 1959; [F.R. Doc. 59-3694; Filed,1 Apr. 30, 1959; 8:49 a.m.l 8:49 a.m.] Friday, May 1, 1959 FEDERAL REGISTER 3515

Federal R egister. A separate notice will for the purposes of implementing the evidence and arguments submitted on be sent to each interested party of Agricultural Adjustment Act of 1938, as behalf of COFINA, Inc., and David A. record. amended (7 U.S.C. 1281 et seq.), to vari­ Wingate in opposition thereto, has trans­ The land involved in the application ous officials of the Department including mitted to the undersigned Director, O f­ is: the Administrator, Commodity Stabiliza­ fice of Export Supply, Bureau of Foreign Mount Diablo Meridian. Nevada tion Service. The delegation of author­ Commerce, United States Department of ity and assignment of functions were Commerce, his written report, includ­ T. 20 N., R. 19 E., originally published in the F ederal R eg­ Sec. 21. SyaNE&NE^NE^. ing findings of fact $nd findings that ister of January 6,1954 (19 F.R. 74, 77), violations have occurred, and his recom­ The area described contains 5 acres. amended on March 15, 1956 (21 F.R. mendation that the respondents be de­ 1665), and amended further oh Septem­ E. J. P almer, nied export privileges in the manner and State Supervisor. ber 26, 1956 £21 F.R. 7351). However, in accordance with the qualifications the Secretary reserved therein the au­ hereinafter set forth, together with (F.R. Doc. 59-3708; Piled, Apr. 30, 1959; thority to approve the appointment of which report he has transmitted the 8:51 a.m.] committees for review of farm marketing record. quotas (7 U.S.C. 1$63). After reviewing and considering the The purpose of these amendments is entire record of this case and the Com­ to authorize the Administrator, Com­ pliance Commissioner’s Report and NEVADA modity Stabilization Service, to approve Recommendation, I hereby make the the appointment of committees for re­ Notice of Proposed Withdrawal and following findings of fact: view of farm marketing quotas hereto­ 1. At all times hereinafter mentioned, Reservation of Lands fore reserved by the Secretary. David A. Wingate and COFINA, Inc., A pril 24, 1959. Section 1101 of the delegations of au­ were engaged in the export business in thority and assignments of functions as the City of New York. The Federal Aviation Agency has filed published on January 6, 1954 (19 F.R> an application, Serial No. Nevada-045177, 2. At all times hereinafter mentioned, 74, 77), as amended on March 15, 1954 for the withdrawal of the lands described Moises Oscar Braunstein and COFINA (21 F.R. 1665), and as amended further below, from all forms of appropriation, S.A. (Compagnie Commerciale Finan­ on September 26, 1956 (21 F.R. 7351), is including the mining and mineral leasing cière Industrielle & Agricole) were hereby further amended as follows: laws. The applicant desires the land as a engaged in the export-import business 1. By deleting subparagraph (1) of in Brussels, Belgium. Remote Control Air to Ground Commu­ paragraph (a). nication Facility to serve all types of 3. At all times hereinafter men­ aircraft. 2. By renumbering subparagraphs (2), tioned, Braunstein and COFINA S.A. (3), (4) and (5) of paragraph (a) as For a period of 30 days from the date were fully informed of United States subparagraphs (1), (2), (3) and (4), of publication of this notice, persons h a v ­ Export Control Regulations governing respectively. ing cause may present their objections in the disposition of goods exported from writing to the undersigned official of the Done at Washington, D.C., this 27th the United States and, having such Bureau of Land Management, Depart­ day of April 1959. knowledge, they engaged in the acts ment of the Interior, P.O. Box 1551, hereinafter described for the purpose of T rue D. M orse, Reno, Nevada. obtaining goods to be shipped by them Acting Secretary. If circumstances warrant it, a publi to persons or customers from whom they hearing will be held at a convenient tim [F.R. Doc. 59-3690; Filed, Apr. 30, 1959; had obtained orders prior to the pur­ and place, which will be announced. 8:48 a.m.] chase of such goods from COFINA, Inc., determination of the Secretary oi and Wingate. the application will be published in th 4. In order to induce the exportation Federal R egister, a separate notice wil DEPARTMENT OF COMMERCE to them by Wingate and COFINA, Inc., each interested party of record of quantities of transistors and elec­ The lands involved in the applicatioi Bureau of Foreign Commerce tronic tubes from the United States, Braunstein and COFINA S.A. repre­ COFINA 5.A. ET AL. Mount Diablo Meridian, Nevada sented to COFINA, Sic., and to the Bu­ Order Revoking Export Licenses and reau of Foreign Commerce that the said ®e£ln?lng at a point 1,300' west said goods were being purchased by them for oo* the South corner common to i Denying Export Privileges tions 33 and 34, T. 1 N., R. 66 E.; delivery to and use in Belgium as the Taence south 230'; In the matter of COFINA S.A. (Com­ country of ultimate destination. Thence west 170'; pagnie Commerciale Financière Indus­ 5. Upon representations so made by Thence north 230'; trielle & Agricole) and Moisés Oscar Braunstein and COFINA S.A., Wingate Thence east 170' to the point of beginn Braunstein, 3 Rue des Cultes, Brussels, and COFINA, Inc., applied to the Bureau of a a11 land within a rai Belgium; COFINA, Inc., and David A. of Foreign Commerce for validated ex­ Th« « i rom the center of said site, Wingate, 68 W all Street, New York, New port licenses authorizing the shipment north corner of this site is York; respondents; Case No. 259. of such goods to COFINA S.A. and, in BM* E la t io n 9,395', 6 8Ummit of Highland Peak. The respondents, COFINA S.A., Moisés said applications, Wingate and COFINA, Oscar Braunstein, COFINA, Inc., and Inc., did represent to the Bureau of For­ acres6 ar6a contains approximately David A. Wingate, having been charged eign Commerce that the goods for which by the Director, Investigation Staff, Bu­ licenses were being requested were to be E. J. P almer, reau of Foreign Commerce, United States exported to Belgium as the country of State Supervisor. Department of Commerce, with viola­ ultimate destination. The licenses were (IMt. Doc. tions of the Export Control Act of 1949, 59-3709; Piled, Apr. 30, 1959; issued upon said applications. 8:51 a.m.J as amended, and regulations promul­ 6. Thereafter and under the author­ gated thereunder; and ity of said licenses, Wingate and The said respondents having been duly COFINA, Inc., exported to Braunstein served with the charging letter (COFINA, and COFINA S.A. quantities of transis­ DEPARTMENT OF AGRICULTURE Inc., and David A. Wingate answering’ tors valued in the aggregate at $1,207.00, and COFINA S.A. and Moisés -Oscar Office of the Secretary 4 klystron tubes valued at $1,474.00, and Braunstein not answering) ; 1 bomac tube valued at $1,707.75. AGENCY HEADS ET AL. This case was referred to the Compli­ 7. In order to accomplish said ex­ ance Commissioner, who held a hearing portations, Wingate and COFINA, Inc., ment o ? c °f A.ufhoritY and Assign at which COFINA, Inc.' and David A. were required to execute shipper’s export f functions; Amendments Wingate were represented by counsel. declarations and did represent therein The Compliance Commissioner, having to the Bureau of Foreign Commerce and Sated6 th im iS 7 ° f Agriculture has dele heard and considered the evidence sub­ uthority to issue regulation to the Bureau of Customs that the said mitted in support of the charges and the transistors and tubes were being ex- 3516 NOTICES ported to Belgium as the country of letter and they have failed to answer or omission, particularly since the Wingate- otherwise move with respect thereto. By COFINA New York letter of May 29,1956 * *» ultimate destination. Subdivision (b) of 382.5 of the Regulations shows a definite familiarity with the lan­ 8. With respect to all the exportations all the allegations made against them are guage of the destination control notice. * * • Wingate and COFINA, Inc., did fail and deemed to be admitted. • * * The main value of the action to be taken omit to endorse on the commercial in­ Before proceeding with the discussion of in this (part of the) case is the aid to effec­ voices issued in connection with the the facts of this case reference should be tive enforcement of the Act which publica­ goods so exported the destination con­ made to the position taken by the COFINA tion of the facts will provide. * * * It is my trol clause required to be endorsed New York and Wingate attorneys with respect recommendation that they be denied export privileges for a period of twelve months but thereon by § 379.10(c) of the Export to the function of the answer. A t one point, when I inquired with respect to Wingate, that only the first six. months thereof be Regulations. “ Where is his testimony?,” (his attorney) re­ effective immediately and that the remaining 9. After having delivered part of an sponded that it was in the answer and that six months be withheld for six months, which order under one of the licenses so issued the answer was a verified answer. * * * At in turn shall constitute an extended proba­ to them and approximately 45 days after another point, referring to a remark made tion, all as more fully set forth in the order the expiration of said license, Wingate by him, (his attorney) said, “ I am quoting, to be submitted herewith. and COFINA, Inc., shipped to COFINA if you wojald rather I do, directly from the Now, after careful consideration of the verified answer. That is in the answer.” * * * S.A. 20 diodes which were part of the entire record and being of the opinion original order received, which could have The answer was in fact not a verified answer, and it is not required under our rules that that the recommendations of the Com­ been shipped under the said license prior answers be verified! However, our rules do pliance Commissioner are fair and just to its expiration, and which were provide that, even when an answer is given, and that this order is necessary to shipped without their having obtained if the respondent does'not demand an oral achieve effective enforcement of the law: an extension or new license. hearing (of in effect does not attend an oral It is hereby ordered: 10. After arrival of the transistors and hearing), he must transmit “original or I. All outstanding validated export the tubes in Belgium, Braunstein and photocopies of all correspondence, papers records, affidavits, and other documentary licenses in which COFINA S.A., Moises COFINA S.A. transshipped 60 transis­ Oscar Braunstein, COFINA, Inc., and tors valued at $307 to Vienna, Austria, or written evidence having any bearing upon or connection with the matters in issue * * *” David A. Wingate appear or participate 40 transistors valued at $900 to Prague, * * * The purpose of this rule is to provide as purchaser, intermediate or ultimate Czechoslovakia, and the klystron tubes the proof which otherwise would be given if consignee, or otherwise, are hereby re­ valued at $1,474 plus the bomac tube a respondent were present in person. An voked and shall be returned forthwith valued at $1.707.75 to destinations un­ answer, therefore, does not take the place to the Bureau of Foreign Commerce for of testimony or documentary evidence. The known, all without prior authority or cancellation. fact that the attorneys signed the answer permission from the Bureau of Foreign II. So long as export controls shall be Commerce. (presumably in conformance with Rule 11 of the Rules of Civil Procedure for the United in effect, the respondents COFINA S.A. 11. During an investigation, Braun­ States District Courts) constituted merely a and Moises Oscar Braunstein hereby are stein and COFINA S.A. gave false an­ certificate by them that they had read the denied all privileges of participating, swers concerning the disposition of pleading, that to the best of their knowledge, directly or indirectly in any manner or some of the goods received by them. information, and belief there was good capacity, in any exportation of any com­ And, from the foregoing, the follow­ ground to support it, and that it was not modity or technical data from the ing are my conclusions: interposed for delay. Rule 11 does not pro­ United States to any foreign destination, vide a substitute for evidence. * * * A. That the respondents Moises Oscar including Canada, whether such expor­ Braunstein and COFINA S.A. bought, Braunstein’s inclination to resort to devices to ship unlawfully to Communist China tation has heretofore or or hereafter financed, and received goods exported goods exported from the United States is been completed, and, except as qualified from the United States knowing that found in his letter to COFINA New York in Part IV hereof, for one year commenc­ with respect to such exportations viola­ dated February 25, 1955. * * * The record ing on the day following the date hereof, tions of the Export Control Act of 1949, does not contain COFINA New York’s reply the respondents COFINA, Inc., and David as amended, and the regulations had to this letter. There is, however, a later let­ A. Wingate hereby are denied all privi­ occurred and were intended to occur; ter dated May 29, 1956, from Wingate and leges of, participating, directly or in­ caused to be used export control docu­ COFINA New York to Braunstein and CO­ FINA Brussels. In this letter, they are very directly, in any manner or capacity, m ments for the purpose of and in connec­ clearly put on notice that goods licensed by any exportation of any commodity or tion with facilitating and effecting the United States Government for shipment technical data from the United States to exportations from the United States to Belgium as the country of ultimate desti­ any foreign destination, including Can­ contrary to the terms thereof; diverted nation are prohibited from diversion contrary ada, whether such exportation has here­ and transshipped to unauthorized des- to the laws of the United States. * * * In tofore or hereafter been completed. . tinations goods exported from the view of the evidence showing transship­ Without limitation of the generality of United States contrary to the terms and ments, the inclination of Braunstein and the foregoing denials of export privi­ conditions under which the said goods COFINA Brussels to engage in devices to circumvent our export control regulations, leges, participation in an exportation is had been exported from the United the false representations to American officials deemed to include and prohibit partici­ States; and made false and misleading during the course of the investigation, and pation by any such respondent, directly statements and representations to their failure to answer the charging letter, or indirectly, in any manner or capacity, agents of the United States during the it is my recommendation that they be de­ (a) as a party or as a representative oi course of an investigation instituted nied export privileges so long as export con­ a party to any validated export license under the authority of the Export Con­ trols are in effect. * * * application, (b) in the preparation trol Act of 1949, as amended, all in viola­ In my opinion it is not necessary to take filing of any export license apphcation tion of §§ 381.2, 381.5, and 381.6 of the such drastic action against Wingate and CO­ FINA New York. While it is no excuse for or document to be submitted therewit , Export Regulations. violation of export controls that they were (c) in the obtaining or using of any B. That David A. Wingate and ignorant of the export control regulations validated or general export license or COFINA, Inc., knowingly exported com­ and their obligations with respect thereto, other export control document, (O' modities from the United States without it does appear that they were not very well the receiving, ordering, buying, authorization of an export license issued informed. * * * The very fact that they en­ delivering, using, or disposing in or established by the Bureau of Foreign gaged in export transactions and did not be­ foreign country of any commodities Commerce and issued commercial in­ come informed is a serious omission which whole or in part exported or to be ex­ requires more than token remedial action. voices with respect to shipments by them The exportation of the two 10-piece lots of ported from the United States, and ( of commodities subject to validated diodes without export license (because the financing, forwarding, transport!ng, license without endorsing on the face export license previously issued had expired) other servicing of such exports from thereof the required destination control is claimed to have been merely a procedural United States. notice, all in violation of §§ 370.2, 372.3, omission. Perhaps it was. Certainly, if it III. Such denials of export privileges and 379.10 of the Export Regulations. was worse, the re'cord does not show it be­ to the extent that any respondent may In his report, the Compliance Com­ cause the statements presumably given to be affected thereby, shall extend no the Postoffice in connection with the mailing missioner said: are not in evidence. The failure to endorse to each of them, but also to any P® The respondents Braunstein and COFINA the destination control notice on the invoices firm, corporation, or business °rs Brussels were duly served with the charging is not in any sense of the word a technical o r Clf t.heiïl TÜKf W ™ Friday, May 1, 1959 FEDERAL REGISTER 3517

or hereafter related by ownership, con­ Federal Maritime Board All persons (including individuals, cor­ trol, position of responsibility, or other porations, associations, firms, partner­ connection in the conduct of trade in [Docket No. S—89] ships and public bodies) desiring to in­ which may be involved exports from the AMERICAN MAIL LINE LTD., ET AL. tervene in this proceeding are requested United States or services connected to notify the Secretary, Federal Mari­ therewith. Notice of Hearing time Board, Washington 25, D.C., by close IV. Six months after the day following of business on May 15, 1959, and should the date hereof, without further order A public hearing will be held under sec­ _ promptly file petitions for leave to inter­ of the Bureau of Foreign Commerce, tion 605(c) of the Merchant Marine Act vene in, accordance with said rules of COFTNA, Inc., and David A. Wingate of 1936 (46 U.S.C. 1175) upon tl^e follow­ practice and procedure. shall have their export privileges re-, ing listed applications for modification of Dated: April 28, 1959. stored to them conditionally, the condi­ subsidized service now provided by each tion for such restoration being that operator: By order of the Federal Maritime during one year following the date hereof American Mail Line Ltd. requests the Board. the said respondents shall comply in all privilege of making 12 to 16 calls a year [ se al] James L. P im p e r ,^ respects with this order and with all re­ at California ports with its subsidized Secretary. quirements of the Export Control Act of vessels for the purpose of loading cargoes 1949, as amendedj and all regulations, for ports in the Far East and for .the re­ [FJR. Doc. 59-3700; Filed, Apr. 30, 1959; licenses, and orders issued thereunder. moval of the present limitations upon the 8:50 a.m.] V. The privileges so conditionally per­ type and origin of cargoes which may, on mitted to COFINA, Inc., and David A. the 10 to 13 voyages a year now allowed Wingate under Part TV hereof, may be to American Mail Line, be brought from ATOMIC ENERGY COMMISSION revoked summarily and without notice Far East ports to California ports. upon a finding by the Director of the American President Lines, Ltd. re­ [Docket No. 27-17] Office of Export Supply, or such other quests the privilege of calling on a min­ NATIONAL INSTITUTES OF HEALTH official as may at that time be exercis­ imum of 12 and a maximum of 16 voy­ ing the duties now exercised by him, that ages per annum at Pacific Northwest Notice of Proposed Issuance of By­ either such respondent has knowingly ports for the purpose of loading and dis­ product Material License To Dispose failed to comply with the conditions set charging cargoes to and from points in of Low Level Radioactive Waste in forth therein, in which event Part H the Far East with its subsidized vessels the Ocean hereof shall then be and become effective employed in the California-Far East for six months following the date of the Service (Trade Route No. 29). Please take notice that the Atomic order making such finding or until one Pacific Far East Line; Inc. requests Energy Commission proposes to issue a year from the date hereof, whichever authority to make calls on a minimum of Byproduct Material License to the N a­ shall be the later, without thereby pre­ 12 and a maximum of 18 voyages per tional Institutes of Health, Building 21, cluding the Bureau of Foreign Commerce annum at Pacific Northwest ports for the Bethesda 14, Maryland, substantially in from taking such other and further purpose of loading or discharging cargo the following form, authorizing the dis­ action based on such violation or viola­ to and from Far East ports with its sub­ posal of waste byproduct material in the tions as it shall deem warranted. In the sidized vessels employed in the Califor­ Atlantic Ocean at a minimum depth of event that such supplemental order is nia-Far East Service (Trade Route No. 1,000 fathoms unless within fifteen (15) issued, such respondents and related 29). days after filing of this notice with the i s as are involved therein shall have The purpose of the hearing under sec­ Federal Register Division a motion of . ® psht to appeal therefrom, as pro- tion 605(c) of the Act is to receive evi­ intervention and a request for a formal in t;he Export Regulations. dence relative to the following: (1) hearing is filed with the Commission in VI During any time when a respond- Whether each application is one with the manner prescribed by Title 10, Code «it or any related party is prohibited respect to a vessel or vessels to be oper­ of Federal Regulations, Chapter 1, Part tfom engaging in any activity within the ated on a service, route or line served by 2, “Rules of Practice.” There is also set Part n hereof, no person, firm, citizens of the United States which would forth below a memorandum submitted f f ° ra«on. or other business organiza- be in addition to the existing service or by the Division of Licensing and Regula­ jra^whcther in the United States or services and, if so, whether the service tion which summarizes the principal fac­ on k ^ a lf of or in any associa- already provided by vessels of United tors considered in reviewing the applica­ respondent or related States registry in such service, route or tion for a license. wit^ou^ Prior disclosure to, and line is inadequate, and in the accomplish­ For further details see (1) the appli­ specific authorization from the Bureau of ment of the purposes and policy of the cation submitted by the National Insti­ shall directly or in- Act additional vessels should be operated tutes of Health and amendments thereto anni,r ** in any manner or capacity, (a) thereon; (2) whether each application and (2) a copy of Appendix A to the pro­ licpnL f°£’• obtain> ° r use any export is one with respect to a vessel operated or posed license which contains transports of S ’ shlpper’s export declaration, bill to be operated in a service, route or tion container specifications substan­ tially similar to those contained in Title MPnf other exPort control docu- line served by two or more citizens of the 49, Code of Federal Regulations, Part 78, activifl6lating to any such Prohibited United States with vessels of United referenced to in Condition 5 of the delive/’ ° r (b* order> receive, buy, sell, States registry, and, if so, (a) whether license, both on file at the Commission’s Eort dispose of, finance, trans- the effect of the payment of subsidy for Public Document Room, 1717 H Street iartLinQT ard* or otherwise service or such modified service would give undue NW., Washington, D.C. A copy of (2) E H * ? ® any exportation from the advantage or be unduly prejudicial, as above may be obtained at the Commis­ irm r Nor sha11 any Person, between citizens of the United States, in sion’s Public Document Room or by re­ 8anizati^°I?tl0n’ 0r other business or- the operation of vessels in competitive quest addressed to the Atomic Energy With resnepft any ° f the foregoing acts services, routes, or lines, and (b) if this Commission, Washington 25, D.C., At­ such S i t i ° any exportation in which is the effect, whether it is necessary to tention: Director, Division of Licensing and Regulation. haveanvii?deni 0r related Party may enter into an amendment to the subsidy any kilS nterest or obtain any benefit of contract covering such modifications in Dated at Germantown, Md., this 27th or nature, direct or indirect. order to provide adequate service by ves­ day of April 1959. Dated: April 28, 1959. sels of United States registry. For the Atomic Energy Commission. The hearing will be conducted before Jo h n C. B orton, H . L. P rice, an Examiner at a time and place to be Director, Division of Director, announced in accordance with the ^ Office of Export Supply, Licensing and Regulation. Board’s rules of practice and procedure, [License No. 19-296-11 (D61)] 1i0e' Sa“3®92; Piled, Apr. 30, 1959; and a recommended decision will be 8:48 a.m.] Pursuant to the Atomic Energy Act of 1954, issued. as amended, and 10 CFR Part 30, “Licensing 3518 NOTICES of Byproduct Material” and in reliance upon (2) Liquid radioactive materials must be tutes of Health, Building 21, Bethesda 14, the statements and representations con­ packed in sealed glass, earthenware, or other Maryland, requested a license to receive! tained in the application dated February 12, suitable containers. The container must be possess, package and dispose of low-level 1959, including documents incorporated by surrounded on all sides by an absorbent byproduct material wastes in the Atlantic reference^ and the amendment thereto dated material sufficient to absorb the entire liquid Ocean. March 10, 1959, hereinafter referred to as contents and be of such nature that its Based on the consideration set forth in “ the application” , a license is hereby issued efficiency will not be impaired by chemical this memorandum the Atomic Energy Com­ to the National Institutes of Health, Build­ reactions with the contents. Where shield­ mission has found that: ing 21, Bethesda 14, Maryland to receive, ing is required the absorbent material must (a) The applicant’s proposed equipment, possess, package, and dispose of byproduct be placed within the shield. * If the inside facilities and procedures are adequate to material, j container meets the Specification 2R in Ap-. protect health and minimize danger of fife This license shall be deemed to contain the pendix A the absorbent material is not or property; conditions specified in section 183 of, the required. (b ) The applicant is qualified by training Atomic Energy Act of 1954, as amended, and (3) Materials containing radioisotopes of and experience to conduct the proposed is subject to the provisions of 10 CFR Part plutonium, americium, polonium, or curium, waste disposal service for byproduct mate- 20, “Standards for Protection Against Radia­ or the isotope strontium 90, in quantities in rial in such a manner as to protect health tion” , all other applicable rules, regulations, excess of 100 microcuries, must be packed in and minimize danger to life or property; orders *>f the Atomic Energy Commission containers which meet Specification 2R in (c ) The issuance of a byproduct material I now or hereafter in effect, and to the fol­ Appendix A. license to the National Institutes of Health I lowing conditions: (4) Inside containers are not required for will not be inimical to the health and safety I 1. The licensee shall not possess more than sea disposal containers as approved herein of the public. 50 curies of byproduct material at any one except where specified in the application. Experience of personnel. The use of all I time. C. Shielding. Inside containers must be byproduct material at National Institutes of ] 2. Byproduct material shall be received, completely surrounded with sufficient shield­ Health is under the control of the Radiation 1 packaged, and disposed of by, or under the ing to meet the requirements-rof subpara­ Committee. The members of this committee^ I direct supervision of, individuals designated graphs A(4), A(5), and A(6) of this condi­ have had extensive training and experience by the licensee’s Radiation Committee pur­ tion. The shield must be so designed that in radiation safety and the use of byproduct suant to the terms and conditions governing it will not open or break under normal material. Dr. Howard L. Andrews is the the composition and functions of the Radia­ conditions incident to transportation. Radiation Safety Officer for the National tion Committee as described in the applica­ D. Labeling. Each outside container label Institutes of Health. Dr. Andrews is Chair­ tion. required under § 20.203 (f) of 10 CFR Part 20 man of the Subcommitee in Radiological 3. The licensee shall receive, package, pos­ shall bear the following information: Monitoring Methods and Instruments of the j sess and dispose of the byproduct material (1) Total activity in millicuries, or in the National Committee on Radiation Protection j in accordance with the procedures described case of source and special material, the total and has had 12 years experience in radiation j in the application, except as provided other­ weight; protection and research in the biological j wise in this license. (2) Principal radioisotope; effects of radiation. Therefore, the training i 4. A copy of “ Policies and. Procedures for (3) Radiation level at the surface of the and experience of the personnel responsible Radioisotope Areas” as described in the container and at one meter from the source; for the waste disposal operation is sufficient licensee’s application shall be supplied to and to provide assurance that the proposed j each employee of the licensee involved in the (4) The name and address of the licensee. operation will be conducted in a manner to receipt, packaging and disposal of byproduct E. Each vehicle in which licensed material protect the health and safety of the public material. is transported shall be marked or placarded and minimize danger to life and property. 5. The transportation of AEC-licensed ma­ on each side and the rear with lettering at Equipment, facilities and procedures. The terial to and from the location designated in least 3 inches high as follows: “ Dangerous—* waste processing and storage site is located in Condition 6 shall be subject to the applicable Radioactive Material”. an area which is chiefly institutional (i.e., regulations of the Interstate Commerce Com­ F. Accidents. In the event of an accident hospitals, research facilities) and is approx­ mission, United .States Coast Guard and involving any vehicle transporting licensed imately V2 mile from residential areas. The other agencies of the United States having material, immediate steps shall be taken to area where the waste is packaged and stored appropriate jurisdiction,. and where such prevent radiation exposure of persons and is approximately 200' by 150' within which regulations are not applicable shall be in to control contamination. is a building having about 11,000 sq. ft. of accordance with the following requirements G. Exemptions. Specific approval must be floor area. The building is of reinforced con­ except as specifically provided by the Atomic obtained from the Atomic Energy Commis­ crete construction with a concrete floor and Energy Commission: sion for modification of, or exemption from, is used only in their radioisotope program. A. Outside shipping containers. (1) Thethe requirements of the license condition. Packaging of the waste is conducted pri­ containers shall meet the specifications for Requests for such approval should be d i­ marily on the loading platform of the build­ sea disposal containers as approved herein rected to the Chief, Isotopes Branch, Division ing or on an asphalt pad approximately 50 or any one of the following specifications of Licensing , and Regulation, Atomic Energy by 75'. The building where the waste is described in Appendix A attached hereto: Commission, and should contain sufficient packaged and the waste storage area is en­ a. 15A, 15B, 12B, 6A, 6B, 6C, 17C, 17H, 19A, information to support such a request. closed by an 8' high chain link fence topped or 19B for the containment of radioactivity 6. The licensee shall store and package by barbed wire. The area will be locked wnen in amounts not in excess of 2.7 curies; except byproduct material for sea disposal only at not under surveillance by personnel of Na­ polonium, 2 curies; or the National Institutes of Health, Building tional Institutes of Health.- . . b. Specification 55 for containment of solid 21, Bethesda 14, Maryland, as described in Adequate procedures have been estaousnea cojjalt 60, cesium 137, iridium 192, or gold the licensee’s application. covering each phase of the waste disposal 1S$8 in amounts not ih excess of 300 curies. 7. The licensee shall dispose of byproduct program. The applicant has also estabiis (2) There shall be no radioactive con­ material ih the Atlantic Ocean within a 5- adequate emergency procedures to c0^_^ L r tamination on any exterior surface of the mile radius circle the center of which is a accidents. Written instructions on prope container in excess of 500 d/m/100 sq. cm. point designated as parallel of latitude radiation protection precautions and P alpha and 0.1 mrep/hr beta-gamma radia­ 36°56' N. and meridian of longitude 74°23' cedures will be given to each employ tion. W. at a minimum depth of 1000 fathoms. volved in a waste disposal operation, (3) The smallest dimension of the con­ 8. The licensee shall notify the Chief, sary equipment for packaging the was tainer shall not be less than 4 inches. Isotopes Branch, Division of Licensing and transporting it to the disposal site is (4) The radiation level of any accessible Regulation, Atomic Energy Commission, at available. . , , ._ +i, to surface of the container shall not exceed 200 least 10 days prior to each disposal, by letter Transportation of waste material mrem/hr. deposited in the United States mail properly and from the applicant's proposed stamped and addressed, of the proposed date conducted in accordance with the regu (5) At one meter from any point on the tions of the interstate Commerce Comxffission radioactive source the radiation level shall for disposal, the total number of Containers, the total activity of byproduct material in and the U.S. Coast Guard where such regum- not exceed 10 mrem/hr. tions apply. Where these r ^ a t i o n a do no^ (6) Containers which contain radioactive millicuries, and the most hazardous radio­ material emitting only alpha and/or beta isotope contained in each container. apply, transportation will be, c° f d]LJ^pro- radiation shall contain sufficient shielding to This license shall be effective on the date accordance with Condition 5 ° Borta- posed license which establishes e as prevent the escape of primary corpuscular issued and shall expire on April 30, 1961. tion requirements substantially Conuni8- radiation to the exterior surface and to Date of issuance: those of the Interstate C o m m erc e Comm« reduce the secondary radiation at the surface of the container to at least 10 mrem/24 hours For the Atomic Energy Commission. sion regulations. „„..»ting at any time during transportation. The facilities, equipment and_ £ pear M e m o r a n d u m b y t h e D i v i s i o n o f L i c e n s in g procedures described by the app opera- B. Inside containers. (1) Solid and gas­ a n d R e g u l a t io n i n t h e M a t t e r o f Na­ adequate to assure that the disp^s __ ^ eous radioactive materials shall be packed in t i o n a l I n s t i t u t e s o f H e a l t h suitable inside containers designed to pre­ vent rupture and leakage under conditions By application dated -February 12, 1959, tions of the proposed license. incident to transportation. and amendments thereto, the National Insti­ Friday, May 1, 1959 FEDERAL REGISTER 3519I

Containers and disposal site. The pack­ For further details see (1) the appli­ any one of the following specifications aging of waste material and the disposal site cation submitted by the Ü.S. Naval R a­ described in Appendix A attached hereto : mil meet the recommendations of the Na­ diological Defense Laboratory and a. 15A, 15B, 12B, 6A, 6B, 6C, 17C, 17H, 19A, tional Committee on Radiation Protection amendments thereto and (2) a copy of or 19B for the containment of radioactivity contained in Handbook 58, "Disposal of in amounts not in excess of 2.7 curies; except Radioactive Waste in the Ocean”. The out­ Appendix A to the proposed license which polonium, 2 curies; or side containers used fo i packaging are either contains transportation container speci­ b. Specification 55 for containment of solid 55 gallon drums or concrete burial vaults. fications substantially similar to those cobalt 60, cesium 137, iridium 192, or gold The waste materials are mixed with con­ contained in Title 49, Code of Federal 198 in amounts not in excess of 300 curies. crete within a 55 gallon drum or burial Regulations, Part 78, referred to in Con­ (2) There shall be no radioactive contami­ vault. Each drum is labeled to indicate the dition 5 of the license; both on file at the nation on any exterior surface of the con­ name of the licensee, the date of packaging, Commission’s Public Document Room, tainer in excess of 500 d/m/100 sq. cm. alpha ! the most hazardous radioisotope, the level and 0.1 mrep/hr beta-gamma radiation. ! of activity, and an identification number. All 1717 H Street NW., Washington, D.C. A (3) The smallest dimension of the con­ I final disposal containers are checked for con- copy of (2) above may be obtained at the tainer shall not be less than 4 inches. l tamination and a minimum density of 10 Commission’s Public Document Room or (4) The radiation level at any accessible pounds per gallon upon completion of by request addressed to the Atomic En­ surface of the container shall not exceed I packaging. ergy Commission, Washington 25, D.C., 200 mrem/hr. Disposal of the waste is a$ a minimum Attention: Director, Division of Licens­ (5) At one meter from any point on the depth of 1,000 fathoms. The disposal site ing and Regulation. radioactive source the radiation level shall proposed by the applicant is within a 5 mile not exceed 10 mrem/hr. radius circle at a point designated as parallel Dated at Germantown, Md., this 27th (6) Containers which contain radioactive oflatitude 36°56' N. and meridian of longi­ day of April 1959. material emitting only alpha and/or beta tude 74°23’ W. It is located beyond the radiation shall contain sufficient shielding continental shelf and lies approximately 105 For the Atomic Energy Commission. to prevent the escape of primary corpuscular miles east of Cape Henry, Virginia. The radiation £o the exterior surface and to re- H. L. P rice, licensee will be required to maintain the nec­ .duce the secondary radiation at the surface essary records to verify disposal at this site. Director, Division of of the container to at least 10 mrem/24 At least 10 days prior to each sea disposal Licencing and Regulation. hours at any time dining transportation. operation the Commission will be notified of [License No. 4-487-6 (D61)] B. Inside containers. (1) Solid and gas­ the proposed date for disposal, total number eous radioactive materials shall be packed of containers, total activity of byproduct ma­ Pursuant to the Atomic Energy Act of 1954, in suitable inside containers designed to pre­ terial in millicuries, and the most hazardous as amended, and 10 CFR Part 30, "Licensing vent rupture and leakage under conditions radioisotope in each container. The Na­ of Byproduct Material”, and in reliance upon incident to transportation. tional Institutes of Health has been' disposing the statements and representations con­ (2) Liquid radioactive materials must be of waste material in the Atlantic Ocean for tained in the application dated March 6, packed in sealed glass, earthenware, or other several years. 1959, including documents incorporated by suitable containers. The container must be The sea disposal of radioactive wastes at reference, hereinafter referred to as “the ap­ surrounded on all sides by an absorbent ma­ »depth of 1,000 fathoms when packaged in plication” , a license is hereby issued to the terial sufficient to absorb the entire liquid accordance with the requirements of the pro­ Department of the Navy, U.S. Naval Radio­ contents and be of such nature that its posed license is considered a safe method of logical Defense Laboratory, San Francisco efficiency will not be impaired by chemical radioactive waste disposal. The small Naval Shipyard, San Francisco, California, to reactions with the contents. Where shielding amounts of radioactive material licensed for receive, possess, package, and dispose of by­ is required the absorbent material must be disposal if released into sea water at the product material. placed within the shield. If the inside con­ specified depth would be greatly diluted and This license shall be deemed to contain tainer meets the Specification 2R in Appen­ dispersed by the ocean and would not result the conditions specified in section 183 of the dix A the absorbent material is not required. a radioactivity of public health significance. Atomic Energy Act of 1954, as amended, and (3) Materials containing, radioisotopes of is subject to the provisions of 10 CFR Part plutonium, americium, polonium, or curium, [PR. Doc. 59-3705; Piled, Apr. 30, 1959; 20, “Standards for Protection Against Radi­ or the Isotope strontium 90, in quantities in 8:51 a.m.] ation” , all other applicable rules, regulations, eicess of 100 microcuries, must be packed in orders of the Atomic Energy Commission now containers which meet Specification 2R in or hereafter in effect, and to the following Appendix A. conditions: (4) Inside containers are not required for [Docket No. 27-18] 1. The licensee shaU not possess more than sea disposal containers as approved herein 150 curies of byproduct material at any one except where specified in the application. DEPARTMENT o f THE NAVY; U.S. time. C. Shielding. Inside containers must be 2. Byproduct material shall be received, completely surrounded with sufficient shield­ NAVAL radiological d efen s e packaged, and disposed of by, or under the laboratory ing to meet the requirements of subpara­ direct supervision of, individuals designated graphs A(4), A(5), and A(6) of this con­ Notice of Proposed Issuance of By­ by the licensee’s Radioisotope Committee, dition. The shield must be so designed that pursuant to the terms and conditions gov­ it will not open or break under normal con­ product Material License To Dispose erning the composition and functions of the ditions incident to transportation. of Radioactive Waste in the Ocean Radioisotope Committee as described in the D. Labeling. Each outside container label application. required under § 20.203(f) of 10 CFR Part 20 e rS ^ e take notice that the Atomic En- 3. The licensee shall receive, package, shall bear the following information: proposes to issue a possess and dispose of the byproduct mate­ (1) Total activity in millicuries, or in thç ^product Material License to the De- rial in accordance with the procedures de­ case of source and special nuclear material’, scribed in the application, except as pro­ ^ ? the Navy* u s - Naval Radio- the total weight; vided otherwise in this license. (2) Principal radioisotopes; Laboratory, San Fran- 4. A copy of "Radioactive Waste Handling C * Naval Shipyard, San Francisco, (3) Radiation level at the surface of the Procedures” and “Accountability and Health container and at one meter from the source; form substantially in the following Physics Measures for Radioactive Materials and b7Dr^íüth° rixing the disposal of waste at USNRDL” shall be supplied to each em­ (4) The name and address of the licensee. P p f i S “ aterial in the Pacific Ocean ployee of the licensee involved in the E. Each vehicle in which licensed material receipt, packaging and disposal of byproduct is transported shall be marked or placarded unles.fw?íí?U1^ ^ epth of I»000 fathoms material. ingof hfteen (15) days after fil­ on each side and the rear with lettering at 5. The transportation of AEC-licensed ma­ ter r»2 5 notlce with the Federal Regis- least 3 inches high as follows: “Dangerous— terial to and from the location designated in Radioactive Material”. Z d a I t T f motion of intervention Condition 6 shall be subject to the applicable F. Accidents. In the event of an accident Sled withqthpSo f° r a formal hearing is regulations of the Interstate Commerce Com­ involving any vehicle transporting licensed Prescribí u ^ “ mission jn the manner mission, United States7 Coast Guard and material, immediate steps shall be taken to H e g u la t io n ^ f 10, Code of Federal other agencies of the United States having prevent radiation exposure of persons and to appropriate jurisdiction, and where such control contamination. W c e ° ^ apter ?’ Part 2’ “Rules of a memnvór>Piere 1S also set forth below regulations are not applicable shall be in G. Exemptions. Specific approval must be i C S S S í S - submitted by the Divi- accordance with the following requirements obtained from the Atomic Energy Commis­ except as specifically provided by the Atomic sion for modification of, or exemption from, aoam Lw íS^ and Regulation which Energy Commission: ered in Principal factors consid- the rëquirements of the license condition. A. Outside shipping containers. (1) TheRequests for such approval should be di­ license. tewing the application for a containers shall meet the specifications for rected to the Chief, Isotopes Branch, Division sea disposal containers as approved herein or of Licensing and Regulation, Atomic Energy 3520 NOTICES

Commission, and should .contain sufficient plicant has personnel with sufficient training [Docket No. 50-131] and experience in the handling of radioactive information to support such a request. VETERANS ADMINISTRATION 0 . The licensee shall store and package by­ materials to provide assurance that the product material for sea disposal only at U.S. waste disposal operation will be conducted HOSPITAL Naval Radiological Defense Laboratory, San in a manner to protect the health and safety Francisco Naval Shipyard, San Francisco, of the public and minimize danger of life Notice of Application for Construction California, as described in the licensee’s or property. Permit and* Utilization Facility application. Equipment, facilities and procedures. License 7. The licensee shall dispose of byproduct NRDL is located within the San Francisco material in the Pacific Ocean within a 5 Naval Shipyard which is a restricted military Please take notice that The Veterans mile radius circle the center of which is at area located on San Francisco Bay, Cali­ Administration Hospital, Omaha, Ne­ fornia. The Health Physics Division of the a point designated as parallel of Latitude braska, under section 104c of the Atomic 37° 41' N. and meridian of Longitude 123° 25' Laboratory is responsible for the radiation safety aspects of the waste disposal operation. Energy Act of 1954, filed an application W. at a minimum depth of 1,000 fathoms. dated March 24,1959, for license author­ 8. The licensee shall notify the Chief, Iso­ This service includes routine and special sur­ topes Branch, Division of Licensing and Reg­ veys, personnel monitoring, bioassay of per­ izing construction and operation, on the ulation, Atomic Energy Commission, at least sonnel, monitoring instrumentation, and Hospital’s site, of a nuclear reactor de­ 20 days prior to each disposal, by letter de­ similar services to assure adequate radio­ signed for continuous operation at a posited in the United States mail properly logical health safety practices. Written in­ power level of 10 kilowatts (thermal). stamped and addressed, of the proposed daté structions on radiation protection precau­ The reactor is of the type designated tions and procedures are given to employees. for disposal, the total number of containers, as TR IG A by the manufacturer, General the total activity of byproduct material in Transportation of waste material will be conducted in accordance with the regulations Dynamics Corporation, San Diego, Cali­ millicuries, and the most hazardous radio- ' fornia. A copy of the application is on isotope contained in each container. of the Interstate Commerce Commission and 9. Each container for sea disposal shall be the U.S. Coast Guard where such regulations file in the AEC’s Public Document Room, I durably and visibly labelecf with the follow­ apply. Where these regulations do not apply, 1717 H Street NW., Washington, D.C. transportation will be conducted in accord­ ing- information. Dated at Germantown, Md„ this 27th A. Thé name and address of the licensee. ance with Condition 5 of the proposed license day of April 1959. B. Date packaged. which establishes transportation require­ ments similar to those of the Interstate Com­ C. Amount of radioactivity. For the Atomic Energy Commission. D. Most hazardous radioisotope. merce Commission Regulations. The facilities, equipment and operating H. L. Price, This license shall be effective on the date procedures described by the applicant appear Director, Division of issued and shall expire on April 30, 1961. adequate to assure that the disposal opera­ Licensing and Regulation. tions will be conducted in compliance with Date of Issuance: the Commission’s regulations and the condi­ [F.R. Doc. 59-3707; Filed, Apr. 30, 1959; For the Atomic Energy Commission. tions of the proposed license. 8:51 a.m.] Containers and disposal site. The packag­ M e m o r a n d u m b y t h e D i v i s i o n o f L ic e n s in g ing of waste material and the disposal site a n d R e g u l a t io n i n t h e M a t t e r o f D e p a r t ­ will meet the recommendations of the Na­ m e n t o f t h e N a v y U.S. N a v a l R adiological tional Committee on Radiation Protection CIVIL AERONAUTICS BOARD D e f e n s e L a b o r a t o r y contained in Handbook 58, “ Disposal of [Docket No. 9942] By application dated March 6, 1959, and Radioactive Waste in the Ocean”. Waste ma­ amendments thereto, the U.S. Naval Radio­ terial is packaged either in 55 gallon drums SOUTHEAST AIRLINES logical Defense Laboratory, San Francisco or concrete blocks so that there will be no Naval Shipyard, San Francisco, California significant voids. The completed packages Enforcement Case; Notice of Post­ requested a license to receive, possess, pack­ will have a minimum density of 10 lbs./gal. ponement and Change in Place of age and dispose of low-level byproduct ma­ displacement volume to assure sinking. terial wastes in the Pacific Ocean. Each container is labeled to indicate the Hearing Based on the consideration set forth in name of the licensee, the date of packaging, the most hazardous radioisotope, and the Notice is hereby given, pursuant to the this memorandum the Atomic Energy Com­ Federal Aviation Act of 1958, that the mission has found that: level of activity. All packages are checked (a) The applicant’s proposed equipment, for outside contamination and proper weight hearing in the above-entitled proceeding facilities and procedures are adequate to upon completion of packaging. heretofore scheduled to be held on May protect health and minimize danger of life Disposal is within a 5 mile radius circle 5,1959, in Washington, D.C., is postpone or property; the center of which is located at the point and assigned to be held June 2, 3, and 4, (b) The applicant is qualified by training designated as the parallel of latitude 37°41' 1959, at 10:00 a.m. (local time) in the and experience to conduct the proposed waste N. and meridian of longitude 123° 25' W. where the minimum ocean depth is 1,000 Colonial Room, Kingsport Inn, Kings­ disposal service for byproduct material in port, Tennessee, before Examiner Fer­ such a manner as to protect health and mini­ fathoms. mize danger of life or property; This location is beyond the continental dinand D. Moran. (c) The issuance of a byproduct material shelf and lies approximately 50 miles WSW of Dated at Washington, D.C., April 28, license to U.S. Naval Radiological Defense San Francisco, California. The licensee will maintain the necessary records to verify dis­ 1959. Laboratory will not be inimical to the health posal at this site. [ seal! F rancis W . Brown, and safety of the public. A t least 20 days prior to each sea disposal Chief Examiner. Experience of personnel. .The use of by­ the Commission will be notified of the pro­ [F R . Doc. 59-3703; Filed, Apr. 30, 1959, product material at U.S. Naval Radiological posed date for disposal, total number of con­ 8:50 ajn.] Defense Laboratory is under the control of tainers, total activity of byproduct material the Radioisotope Committee who designate in millicuries, and the most hazardous radio­ the personnel who may handle licensed ma­ isotope in each container. The U.S. Naval terial. The members of this committee have Radiological Defense Laboratory has been FEDERAL COMMUNICATIONS had extensive training and experience" in disposing of waste byproduct material in the radiation safety and the use of byproduct Pacific Ocean for several years. material. Mr. Alfred L. Baietti is Chairman j The sea disposal of radioactive wastes at COMMISSION of the Radioisotope Committee and in charge a depth of 1,000 fathoms when packaged in Docket Nos. 12457, 12857; FCC 59-382] of health physics for the laboratory. He accordance with the requirements of the pro­ ARENCE E. WILSON AND PERMIAN has had over 10 years of training and experi­ posed license is considered a safe method ence in radiation protection work. Desig­ of radioactive waste disposal. The small BASIN RADIO CORP. (KHOB) nated personnel of the Health Physics amounts of radioactive material licensed for der Designating ApplicationsJo ' Division will be responsible for the waste disposal if released into sea water at the Consolidated Hearing on State disposal program and have several years of specified depth would be greatly diluted and experience with radiation and radioactive dispersed by the ocean and would not result Issues material, radiation monitoring, decontami­ in radioactivity of public health significance. nation methods, contamination control, and n re applications of .clar!^ ® ests Ison, Hobbs, New Mexicoquests the principles and practices of radiation pro­ [F.R. Doc. 59-3706; Filed, Apr. 30, 1959; tection. Therefore, it appears that the ap­ 8:51a.m.] ' 0 kc, 5 kw, Day, Docket No. Friday, May 1, 1959 FEDERAL REGISTER 3521

Pile No. BP-11817; Permian Basin Radio Clarence E. Wilson and the availability [Docket No. 12530; FCC 59M-541] Corporation (K H O B ), Hobbs, New Mex­ of other primary service to such areas ico, has 1280 kc, 1 kw, Day, requests 1390 and populations. MUSICAL HEIGHTS, INC. kc, 5 kw, Day, Docket No. 12857, Pile No. 2. To determine the areas and popu­ Order Continuing Hearing BP-12528; for construction permits. lations which would be expected to gain At a session of the Federal Communi­ or lose primary service from the opera­ In re application of Musical Heights, cations Commission held at its offices in tion of Station KHOB, as proposed Inc.,' Braddock Heights, Maryland, Washington, D.C., on the 22d day of herein, and the availability of other Docket No. 12530, File No. BP-10918; for April 1959; primary service to such areas and construction permit. The Commission having under con­ populations. The Hearing Examiner having under sideration the above-captioned and de- 3. To determine whether the proposed consideration a motion filed on April 23, cribed applications; and operation of KHOB is in compliance with 1959, by Richard F. Lewis, Jr., Inc., of It appearing, that, except as indicated § 3.30 of the Commission rules with re­ Waynesboro, one of the respondents in by the issues specified below, both appli­ spect to main studio location, and, if not, the above-entitled proceeding, request­ cants are legally, financially and other­ whether circumstances exist which would ing that (1) further hearing in the wise qualified to operate their proposals, warrant a waiver of said section. above-entitled proceeding presently but that the proposed operations involve 4. To determine, on a comparative scheduled for May 14,1959, be continued mutually destructive interference, and basis, which of the above-captioned pro­ to May 22,1959 and (2) the date for the that the Permian Basin Radio Corpora­ posals would better serve the public exchange of programming exhibits tion proposal does not comply with interest, convenience and necessity in the therein be changed from May 1, 1959, to § 3.30 of the Commission rules in that its light of the evidence adduced under the May 8,1959; main studio is located in neither the city issues herein, and the record made with It appearing, that counsel for all other where the station is located nor at the respect to the significant differences be­ parties to this proceeding have infor­ transmitter site; and tween the two as to: mally consented to immediate considera­ It further appearing, that, pursuant to a. The background and experience tion and grant of the instant motion, section 309(b) of the Communications having a bearing on the applicant’s abil­ and good cause has been shown for the Act of 1934, as amended, the applicants ity to own and operate the proposed proposed change in dates: were advised by letter dated February 11, standard broadcast station. It is ordered, This 24th day of April 1959, of the aforementioned deficiencies b. The proposal of each with respect 1959, that the motion be and it is hereby and that the Commission was unable to to the management and operation of the granted; the hearing in the above-en­ conclude at the time that a grant of proposed station. titled proceeding be and it is hereby con­ either application would be in the public c. The programming service proposed tinued from May 14, 1959, to May 22, interest; and in each of the said applications. 1959, at 10 a.m., in Washington, D.C.; ' It further appearing, that timely re­ 5. To determine, in light of the evi­ and the date for the exchange of pro­ plies were received from the applicants; dence adduced pursuant to the foregoing gramming exhibits is continued from and issues, which, if either, of the instant May 1, 1959, to May 8, 1959. It further appearing, that, in the event applications should be granted. Released: April 27, 1959. of favorable action on the K H OB appli­ It is further ordered, That, iijjthe event cation in the hearing ordered below, a of a grant of the proposal of KHOB, the F ederal C ommunications grant of said application should be on the construction permit shall contain a con­ C o m m is s io n , condition that KHOB shall not be au­ dition that K H OB shall not be author­ [ seal] M a r y Jane M o rris, thorized to operate on 1390 kc until ized program tests until Station KGFL, Secretary. KGFL, Roswell, New Mexico has been Roswell, New Mexico, has been author­ [F.R. Doc. 59-3672; Filed, Apr. 30, 1959; authorized to operate on a frequency ized program tests on a frequency other 8:45 a.m.] other than 1400 kc ; and than 1400 kilocycles; and that K H OB It further appearing, that, Permian shall not be granted a license until KGFL •“asm Radio Corporation in its reply is granted a license on a frequency other ~TMarch 6,1959 requested a waiver of than 1400 kilocycles. [Docket No. 12713; FCC 59M-544] 5 3.30 of the Commission rules on the It is further ordered, That, to avail grounds that thd main studio location al­ themselves of the opportunity to be INTRASTATE BROADCASTERS ii1011811 outside the city limits of Hobbs, heard, the applicants herein, pursuant to Order Scheduling Hearing New Mexico, is surrounded on the east, § 1.140 of the Commission’s rules, in per­ south and west by the city; that the son or by attorney, shall, within twenty In re application of Harriscope, Inc., L * exPe°ted by the city officials (20) days of the mailing of this order, Abbott London & Saul R. Levine, d/b as on + ° Pe annexed within the next file with the Commission, in triplicate, Intrastate Broadcasters, Pomona, Cali­ days* and that the applicant a written appearance stating an inten­ fornia, Docket No. 12713, File No. B P - _ tof further that if a waiver is not tion to appear on the date fixed for the 11687 ; for construction permit. granted it desires to amend its applica- hearing and present evidence on the The Hearing Examiner has under con­ *w ,viSp.ecify a studio location in Hobbs, issues specified in this order. sideration a petition for leave to amend .Mexico; but that on the basis of the It is further ordered, That the issues the above-entitled application filed April tooSv*!?11 before us we are unable in this proceeding may be enlarged by 8, 1959, by the applicant and a supple­ this time whether circum- the Examiner, on his own motion or on ment to the petition for leave to amend Waj s exjst which would warrant a petition properly filed by a party to the filed by the applicant on April 15, 1959. WaT7efr of said section; and proceeding and upon sufficient allega­ The matter of the proposed amendment was discussed at the prehearing con­ miii™ h£r aPPearing, that the Com- tions of fact in support thereof, by the ference held April 24,1959. goinsMc ¡5%? consideration of the fore- addition of the following issue: To deter­ thesp’ the opinion that a hearing on mine whether the funds available to the The purpose of the petition for leave Proposals is necessary: applicant will give reasonable assurance to amend is to change the directional array of the station proposed by the 309(h) That, Pursuant to section that the proposals set forth in the ap­ applicant so as to reduce the intensity of 1934 oc 1 the Communications Act of plication will be effectuated. the signal which will be transmitted by aPPlicatif^?endeii *he above-captioned Released: April 27, 1959. the proposed station toward the Mexican in a designated for hearing island of Guadalupe and thus eliminate F ederal C ommunications and nlaS°+1(iKteii Proceeding, at a time the possibility of a violation of the agree­ C o m m is s io n , order uivm*«!6 s?ecified in a subsequent ment signed January 29, 1957, between l the following issues: [ seal] M a r y Jane M o rris, Secretary. the United States of America and the lations the areas and popu* United Mexican States Concerning Radio service would receive primary [F.R. Doc. 59-3671; Filed, Apr. 30, 1959; Broadcasting in the Standard Broadcast om the proposed operation of 8:45 a.m.] No. 85------8 Band. The purpose of the supplement 3522 NOTICES applications be designated for hearing; j to the petition for leave to amend is to Broadcasting Associates, Goleta, Cali­ correct a typographical error in the peti­ fornia, requests 1290 kc, 500 w, Day, and It further appearing, that the Com­ tion to amend filed April 8,1959. Docket No. 12854, File No. BP-12044, There is no opposition to granting the Bert Williamson and Lester W . Spillane, mission, after consideration of the fore­ going, is of the opinion that a hearing on petition for leave to amend and good a co-partnership, Santa Barbara, Cali­ these proposals is necessary: cause for amending the application has fornia, requests 1290 kc, 500 w, Day, It is ordered, That, pursuant to section been shown. Docket No. 12855, File No. BP-12154, for It is ordered, This the 24th day of April construction permits. 309(b) of the Communications Act of 1959, that the petition of Harriscope, Inc., At a session of the Federal Communi­ 1934, as amended, the above-captioned Abbott London & Saul R. Levine, d/b as cations Commission held at its offices in applications are designated for hearing Intrastate Broadcasters for leave to Washington, D.C., on the 22d day of in a consolidated proceeding, at a time amend the above-entitled application as April, 1959; and place to be specified in a subsequent corrected by the supplement to the peti­ The Commission having under consid­ order, upon the following issues : tion be and the same is hereby granted eration the above-captioned and de­ 1. To determine the areas and popula­ and the application is amended; scribed applications; and tions which may be expected to receive It is further ordered, That the applica­ It appearing, that, except as indicated primary service from the operation of tion, as amended, will remain in hearing by the issues specified below, both appli­ each of the instant proposals and the status and the evidentiary hearing will cants are legally, financially, technically, availability of other primary service to be held on May 6,1959. and otherwise qualified to operate the such areas and populations. proposed stations but that the simul­ 2. To determine whether each of the Released: April 27, 1959. taneous operation of both proposals instant proposals would cause objection­ F ederal C ommunications would result in mutually destructive in­ able interference to Station KFOX, Long C o m m is s io n , terference; that operation of both pro­ Beach, California, or any other existing [ seal] M a r y Jane M o rris, posals would cause interference to the standard broadcast stations, and, if so, Secretary. existing operation of Station KFOX, the native and extent thereof, the areas and populations affected thereby, and [F.R. Doc. 59-3673; Filed, Apr. 30, 1959; Long Beach, California; that interfer­ 8:45 a.m.] ence received from Station KITO, San the availability of other primary serv­ Bernardino, California, may affect more ice to such areas and populations. than ten percent of the population within 3. To determine whether interference the normally protected primary service received from Station KITO, San Ber­ nardino, California would affect more [Docket No. 12844 etc.; FCC 59M-542] area of the proposed operation of Goleta Broadcasting Associates in contravene than ten percent of the population with­ RICHARD L. DeHART ET AL. tion of 13.28(c) o r the Commission in the normally protected primary serv­ ice area of the proposed operation of Order Scheduling Prehearing rules; that it has not been determined whether the proposed antenna system of Goleta Broadcasting Associates in con­ Conference Goleta Broadcasting Associates would travention of § 3.28(c) of the Commis­ "in re applications of Richard L. De­ constitute a hazard to air navigation; sion rules and, if so, whether circum­ Hart, Mountlake Terrace, Washington, and that Goleta Broadcasting Associates stances exist which would warrant a Docket No. 12844, File No. BP-11312; have not submitted sufficient information waiver of said section. KVOS, Inc. (K V O S ), Bellingham, W ash­ to establish whether Goleta, California, 4. To determine whether the antenna ington, Docket No. 12845, File No. B P - is a separate, integrated community system proposed by Goleta Broadcasting 11360; Clair Conger Fetterly, tr/as Lake within the meaning of § 3.30(a) of the Associates would constitute a hazard to Washington Broadcasting Company, Commission rules; and air navigation. Bothell, Washington, Docket No. 12846, It further appearing, that although 5. To determine whether the applica­ tion of Goleta Broadcasting Associates File No. BP-11390; John W . Davis neither applicant has submitted a de­ (K P D Q ), Portland, Oregon, Docket No. tailed showing as ,to the service which proposes to serve primarily a particular 12847* File No. BP-11436; for construc­ its proposal would provide to the other’s city, town, or other political subdivision tion permits for standard broadcast community, examination of the pro­ as contemplated by § 3.30(a) of the Com­ mission rules and, if not, whether cir­ stations. posals indicates that the Santa Barbara On the Examiner’s own motion: It is station would provide a 5 mv/m contour cumstances exist which would warrant a ordered, This 24th day of April 1959, that over the residential section of Goleta, waiver of said section. all parties, or their counsel, in the above- California, approximately seven miles 6. To determine whether considera­ entitled proceeding are directed to northwest of Santa Barbara, California tions with respect to section 307(b) o appear for a prehearing conference pur­ and that the Goleta station Would pro­ the Communications Act of 1934, as suant to the provisions of § 1.111 of the vide a 5 mv/m contour over a substantial amended, are applicable to the a^°y®‘eI1' Commission’s rules, in the offices of the portion of the residential section of Santa titled proceeding, and, if so, whether a Commission, Washington', D.C., at 10:00 Barbara, California; and that each of choice between the applications herein o’clock a.m., on Thursday, May 21, 1959. the said proposals serves substantially can be reasonably based thereon, ana the same area; and so, whether a grant to one or the otner Released: April 27,1959. of the applicants would provide the mo It further appearing, that, pursuant to fair, efficient and equitable distribution F ederal C ommunications section 309(b) of the Communications C o m m is s io n , of radio service. Act of 1934, as amended, the applicants 7. To determine, in the event it is con [ se al] M a r y Jane M orris, were advised by letter dated September eluded that a choice between the two ap­ Secretary. 26, 1958, of the aforementioned interfer­ plications cannot be made oh consiae [F.R. Doc. 59-3674; Filed, Apr. 30, 1959; ence and other deficiencies and that the 8:45 a.m.] Commission was unable to conclude that tions relating to section 307 (b ), whic ^ a grant of either application would be the operations proposed in the aoov- in the public interest; and captioned applications would better serv It further appearing* that Bert Wil­ the public interest in the light of tn [Docket Nos. 12854,12855; FCC 59-380] liamson and Lester W . Spillane, a Co- evidence adduced with respect 0 GOLETA BROADCASTING ASSOCI­ Partnership, filed a timely reply to the significant differences between t e ATES AND BERT WILLIAMSON AND Commission’s letter; and icants as to: t a. The background and experienc LESTER W. SPILLANE It further appearing, that, Goleta Broadcasting Associates was granted an ch of the above-named appheant m and operate the proposed statioi^ Order Designating Applications for extension of time to November 28, 1958, Consolidated Hearing on Stated but no reply has been forthcoming; and b. The proposals of each of the abo «ned applicants with respect; to » » Issues It further appearing, that, by petition In re applications of Thomas J. Davis, dated August 28, 1958, the licensee of Jr., and Robert Sherman, d/b as Goleta Station K FO X requested that these two posed stations. Friday, May 1, 1959 FEDERAL REGISTER 3523

c. The programming service proposed transmission line in Randolph County, Rock, Arkansas, filed on January 19, in each of the above mentioned appli­ Illinois, east to the city limits of Red 1959, an application, pursuant to section cations. Bud. Red Bud also proposes to construct 7(a) of the Natural Gas Act, for an order 8. To determine, in the light of the and operate a gas distribution system to directing Mississippi to increase its max­ evidence adduced pursuant to the fore­ sell gas at retail in the city of Red Bud imum daily delivery of natural gas to going issues, which, if either, of the ap­ and environs. MidSouth from its present allocation plications should be granted. Red Bud estimates its natural gas (stated demand) of 22,790 Mcf to a daily It is further ordered, That KFOX In­ requirements as follows: volume of 24,790 Mcf by November 1, corporated, licensee of Station KFOX, is 1959, and 25,790 Mcf by November 1, made a party to the proceeding. Requirements in M cf 1960. It is further ordered, That, to avail Year of service MidSouth alleges that, with the nat­ themselves of the opportunity to be Peak day Annual ural gas obtained from Mississippi, it heard, the applicants and party respond­ provides natural gas service to the fol­ ent herein, pursuant to § 1.140 of the 1st...... 430 90,351 lowing Arkansas communities: Commission’s rules, in Rerson or by at­ 2d ...... 52» 101,676 torney, shall, within 20 days of the mail­ 3d...... 641 122,700 Alicia. Judsonia. 4th.*...... 744 135,070 Bald Knob. Kensett. ing of this order, file with the Commis­ 6t h * ...... 864 148,310 sion, in triplicate, a written appearance Batesville. Newark. Bradford. Newport. stating an intention to appear on the The estimated total capital cost of the College City. Searcy. date fixed for the hearing and present proposed facilities is $350,000, which Red Diaz. Swifton. evidence on the issues specified in this Bud proposes to finance by the issuance Egypt. Tuckerman. order. Hoxie. of gas system revenue bonds. Walnut Ridge. It is further ordered, That the issues in Jonesboro. West Point. In Docket No. G-17567, MidSouth Gas the above-entitled proceeding may be Company (MidSouth), an Arkansas Cor­ enlarged by the Examiner, on his own The estimated annual and peak day poration having its principal place of motion or on petition properly filed by a requirements of said communities are as business at 723 Cumberland Street, Little party to the proceeding and upon suffi­ follows: cient allegations of fact in support there­ M c f @ 14.73 psia of, by the addition of the following issue: [Estimated] To determine whether the funds avail­ able to the applicant will give reasonable 1959 1960 assurance that the proposals set forth in 1961 the application will be effectuated. Type of service Peak day Annual Peak day Annual Peak day Annual Released: April 27,1959. Residential______... 16,851 1,607,749 17,187 F ederal C ommunications 1,639,902 17,446 1,664,502 Commercial...... 7,503 756,114 7,532 758,997 7,562 761,880 C o m m is s io n , Interruptible industrial.._____ 6,069 1,739,780 6,575 1, 780,240 7,081 1,820, 700 Company use and unaccounted for____ [seal] M a r y J ane M o rris, 562 205,182 573 208,957 582 212,354 Secretary. ' Total...... 30,985 4,308,825 31,867 4,388,096 32,671 4,459,436 Interruptible curtailment______6,069 [Pii. Doc. 59-3675; Piled, Apr. 30, 1959; 6,575 7,081 8:45 a.m.] Total from Mississippi 24,916 25,292 25,599

FEDERAL POWER COMMISSION MidSouth alleges that because of the District No. 2 proposes to construct and growing needs of its customers, MidSouth operate approximately 2 miles of 4-inch [Docket No. G-16504, etc.] must receive an increase in its supply of transmission pipeline from a connection CITY OF RED BUD, ILLINOIS, ET AL. gas from Mississippi beyond ¿he present with Mississippi’s pipeline to the vicinity allocation or be faced with a shortage of of said district and natural gas distribu­ Notice of Applications and Date of gas in its system beginning in the 1959- tion facilities to serve the residents Hearing 60 heating season. therein. The natural gas requirements MidSouth alleges further that on nu­ of said area are estimated by District No. A p r il 27, 1959. merous occasions during the past few 2 as follows: the matters of City of Red Bud, years MidSouth has found it necessary iilmois, Docket No. G-16504; MidSouth in order to furnish service to its firm cus­ Requirements in M ef 11^ 1 ^ >mpany’ Docket No. G-17567; Nat­ tomers to purchase additional gas from Year ural Gas Improvement District No. 2 of Mississippi over and above MidSouth’s Peak day Annual r i7c L County, K a n s a s , Docket No. stated demand. I llinois Power Company, MidSouth states that no additional fa ­ ^wket No. G-17984. 1st...... 286 28,285 cilities would be required to effect the 2d...... 344 • 34,970 m S ® “° tice that the City of Red Bud, proposed increased deliveries. 3d...... 374 38,005 4th...... 403 40,670 eaniJS,^ » a municipality or- In Docket No. G-17942, Natural Gas 5th...... ■...... 423 42,770 2 ? J??der the laws of the State of Improvement District No. 2 of Ashley Dlieatir! ^ ed, on October 6, 1958, an ap- County, Arkansas (District No. 2), 119 Jam,a£n «nd 0n November 19, 1958, and Pine Street, Crossett, Arkansas, a subur­ The total capital cost of District No. 2’s project is estimated at $227,000, which Dursif/nf +’ 1959, suPPlements thereto, ban natural gas improvement district will be financed through the sale of nat­ GafSS* i° section 7

Illinois Power alleges that the addi­ Gas Rate Schedule No. 60 and Humble posed activities thereof are of the kind tional volumes are needed to meet the re­ Oil & Refining Company FPC Gas Rate described in those provisions of the Act quirements of both existing and prospec­ Schedule No. 145. and the regulation so as to make it un­ tive customers in its Supply Area C, Humble owns jointly with Kerr-McGee, necessary for the prohibitions of section consisting of towns in southern Illinois. et al., 5,580 acres in the Go Around Bayou 4 of the Act with respect to shares in Illinois Power states that no additional Field as follows: Humble, 50 percent; nonbanking organizations to apply in facilities will be required for the delivery Kee-McGee, 25 percent; Kern County order to carry out the purposes of the of the proposed additional volumes. Land Company, 12.5 percent; and Mon­ Act: Each of the applications in the above terey Oil Company, 12.5 percent. 1. First General Insurance Agency, Inc. numbered dockets is on file with the The subject gas will be delivered to 2. Mt. Vernon Insurance Agency, Inc. facilities of Columbia Gulf Transmission Commission and open for public Inasmuch as section 4(c) (6) of the Company authorized in Docket No. inspection. Bank Holding Company Act of 1956 re­ G-17550 on April 14, 1959. Columbia These matters should be heard upon a quires that any determination pursuant will transport such gas in interstate com­ consolidated record and disposed of as thereto be made by the Board after due merce for the account of United Fuel, an promptly as possible under the appli­ notice and hearing and on the basis of affiliate, for delivery to United Fuel at cable rules and regulations. and to that the record made at such hearing, end: points in Kentucky. It is hereby ordered, That pursuant to Take further notice that, pursuant to These related matters should be heard section 4(c) (6) of the Bank Holding the authority contained in and subject on a consolidated record and disposed of Company Act of 1956 and in accordance to the jurisdiction conferred upon the as promptly as possible under the appli­ with sections 5(b) and 7(a) of the Federal Power Commission by sections 7 cable rules and regulations and to that Board’s Regulation Y (12 CFR 222.5(b), and 15 of the Natural Gas Act, and the end: 222.7(a)), promulgated under the Bank Commission’s rules of practice and pro­ Take further rmtice that, pursuant to Holding Company Act of 1956, a hearing cedure, a hearing will be held on June 15, the authority contained in and subject with respect to this matter be held com­ 1959 at 10:00 a.m., e.d.s.t., in a Hearing to the jurisdiction conferred upon the mencing on July 8,1959 at 10:00 a.m., at Room of the Federal Power Commission, Federal Power Commission by sections the offices of the Board of Governors of 441 G Street NW., Washington, D.C. con­ 7 and 15 of the Natural Gas Act, and the the Federal Reserve System, Washington, cerning the matters involved in and the Commission’s rules of practice and pro­ D.C., before a duly selected hearing of­ issues presented by such applications. cedure, a hearing will be held on May 26, ficer, such hearing to be conducted in Protests or petitions to intervene may 1959, at 9:30 a.m., e.d.s.t., in a Hearing accordance with* the rules of practice for be filed with the Federal Power Com­ Room of the Federal Power Commission, formal hearing of the Board of Gover­ mission, Washington 25, D.C., in accord­ 441 G Street NW., Washington, D.C., nors of the Federal Reserve System (12 ance with the rules of practice and pro­ concerning the matters involved in and CFR Part 263). The right is reserved cedure (18 CFR 1.8 or 1.10) on or before the issues presented by such applica­ to the Board or such hearing officer to June 1, 1959. tions : Provided, however, That the Com­ designate any other date or place for mission may, after a non-contested hear­ [ seal] Joseph H. G utride, such hearing or any part thereof which ing, dispose of the proceedings pursuant Secretary. may be determined to be necessary or to the provisions of § 1.30(c) (1) or (2) appropriate for the convenience of the [F.R. Doc. 59-3676; Filed, Apr. 30, 1959; of the Commission’s rules of practice and parties. The Board’s rules of practice 8:45 a.m.] procedure. Under the procedure herein for formal hearings provide, in part, that provided for, unless otherwise advised, “All such hearings shall- be private ami it will be unnecessary for applicants to shall be attended only by respondents appear or be represented at the hearing. and their representatives or counsel, [Docket Nos. G-16992, G-17105] Protests or petitions to intervene may representatives of the Board, witnesses, KERR-McGEE OIL INDUSTRIES, INC., be filed with the Federal Power Com­ and other persons having an official in­ mission, Washington 25, D.C., in accord­ ET AL., AND HUMBLE OIL & REFIN­ terest in the proceedings : Provided, how­ ance with the rules of practice and pro­ ever, That on the written request of one ING CO. cedure (18 CFR 1.8 or 1.10) on or before or more respondents or counsel for the Notice of Applications and Date of May 15, 1959. Failure of any party to Board, or on its own motion, the Board, appear at and participate in the hearing Hearing when hot prohibited by law, may p®* shall be construed as waiver of and con­ mit other persons to attend or may order currence in omission herein of the inter­ A p r il 27, 1959. the hearing to be public.” Take notice that on November 17,1958, mediate decision procedure in cases Any person desiring to give testimony Kerr-McGee Oil Industries, Inc., (Kerr- where a request therefor is made. in this proceeding should file with t e McGee) filed on its own behalf and, as [ seal] J oseph H. G u trid e, Secretary of the Board, directly operator, on behalf of Monterey Oil Secretary. through the Federal Reserve Bank Company and Kern County Land Com­ [F.R. Doc. 59-3677; Filed, Apr. 30, 1959; Richmond, on or before May 25, pany, an application in Docket No. 8:46 a.m.| written request relative thereto, said - G-16992 for a certificate of public con­ quest to contain a statement of tne r venience and necessity, pursuant to sons for wishing to appear, the natiueoi section 7(c) of the Natural Gas Act, the petitioner’s interest in the proceed­ authorizing the sale of natural gas to FEDERAL RESERVE SYSTEM ing, and a summary of the matters co - United Fuel Gas Company (United Fuel). cerning which ¿aid petitioner wish On November 28, 1958, Humble Oil FIRST VIRGINIA CORP. give testimony. Such request wi & Refining Company (Humble) filed Notice of Request for Détermination presented to the designated hearingom a similar application in Docket No. and Order for Hearing Thereon cer for his determination in the matter G-17105. at the appropriate time. Both apjflications are on file with the ' Notice is hereby given that request has mitting timely requests will be no due Commission and open to public inspec­ been made to the Board of Governors of of "the hearing officer’s decision in tion. The proposed sales are to be made the Federal Reserve System, pursuant to course. section 4(c) (6) of the Bank Holding pursuant to two separate contracts be­ Dated: April 22, 1959. tween the respective applicants and Company Act of 1956 (12 U.S.C. 1843) United Fuel, each dated September 24, and section 5(b) of the Board’s Regula­ By order of the Board of Governors. tion Y (12 CFR 222.5(b)), by The First 1958, and covering gas produced in the [ seal] M eer ut Go Around Bayou Field, Cameron Parish, Virginia Corporation, Arlington, Vir­ Louisiana. These contracts are on file ginia, a bank holding company, for a de­ With the Commission as Kerr-McGee Oil termination by said Board that each of [F R. DOC. 59-3678; Filed. Apr. 3®' Industries, Inc. (Operator) et al. FPC the companies listed below, and the pro­ Friday, May 1, 1959 FEDERAL REGISTER 3525

As provided in the Commission’s spe­ the off-route point'of Springdale, Conn. SECURITIES AND EXCHANGE cial rules of practice any interested per­ Ivan H. Wohlworth, 50 Court Street, son may file a petition seeking recon­ Brooklyn 1, N.Y., for applicants. COMMISSION sideration of the following numbered No. MC-FC 62108. By order of April [Pile No. 1-1258] proceedings within 20 days from the date 22, 1959, the Transfer Board approved of publication of this notice. Pursuant the transfer to Joseph M. Tringali, doing COLORADO AND SOUTHERN to section 17(8) qf the Interstate Com­ business as Retailers Delivery Service, RAILWAY CO. merce Act, the filing of such a petition 138-23 249 Street, Rosedale 22, N.Y., of will postpone the effective date of the permit in No. MC 18808, issued March Notice of Application To Strike From order in that proceeding pending its dis­ 29,1955, to Elizabeth M. Dee, doing busi­ Listing and Registration, and of position. The matters relied upon by ness as Joseph P. Dee, 106 Brower Ave­ Opportunity for Hearing petitioners must be specified in their nue, Rockville Centre, N.Y., authorizing petitions with particularity. the transportation of: Such merchandise A p r il 27, 1959. No. M C-PC 61796. By order of April as is dealt in by wholesale, retail and In the matter of the Colorado and 22, 1959, Division 4, approved the trans­ chain grocery and food business houses, Southern Railway Co., common stock, fer to Oressey, Inc., Scranton, Pa., of and, in connection therewith equipment, 4% Second Preferred Stock; Pile No. Certificate No. MC 103937 Sub 1, issued materials and supplies used in the con­ 1-1258. October 28, 1955, to Edward Oressey, duct of such business between various The New York Stock Exchange has Scranton, Pa., authorizing the transpor­ points in New York on the one hand, and, made application, pursuant to .section tation of: Coal, from Scranton, Pa., and on the other hand, between points in New 12(d) of the Securities Exchange Act of points within 20 miles of. Scranton, to York and New Jersey; fruits, vegetables, 1934 and Rule 12d2-l (b) promulgated Jersey City, N.J., and New York, N.Y., farm products, poultry and sea foods thereunder, to strike the specified secu­ and from Scranton, Pa., and points in between points in New York and New rity from listing and registration Pennsylvania within 12 miles of Scran­ Jersey. thereon. ton, to points in Passaic, Bergen, Hudson, No. MC-FC 62119. By order of April The reasons alleged in the application Essex, and Union Counties, N. J. William 22, 1959, the Transfer Board approved for striking this security from listing J. Dempsey, 400 Scranton Life Building, the transfer to John P. Garrison, Inc., and registration include the following: Scranton, Pa., for applicants. Branchville, N.J., of Certificate No. MC All but 30,235 common and 23,579 sec­ No. M C-FC 61820. By order of April 59925 and MC 59925 Sub 4, issued Decem­ ond preferred shares are held by Chi­ 22, 1959, the Transfer Board approved ber 27,1955, and August 30,1957, to John cago, Burlington & Quincy Railroad the transfer to Eva D. Hodge and Logan Peter Garrison, doing business as G ar­ Company. The common had 208 and the D. Hodge, a partnership, doing business rison, Branchville, N.J., authorizing the second preferred had 136 holders of rec­ as “John Hodge” of Paterson, N.J., of transportation of: Lime and limestone, ord September 8, 1958. Permit No. MC 29145 issued September from Lime Crest, Hamburg, McAfee, Upon receipt of a request, on or be­ 28, 1943, in the name of John Hodge of Franklin and Ogdensburg, N.J., to points fore May 12, 1959, from any interested Paterson, N.J., authorizing the transpor­ on Long Island, N.Y., points in Sullivan, person for a hearing in regard to terms tation, over irregular routes, of machin­ Ulster, Westchester, Rockland and to be imposed upon the delisting of this ery and machinery parts, from Paterson, Orange Counties, N.Y., Wayne, Pike, security, the Commission will determine* N.J., to New York, N.Y., and points in Monroe, Carbon, Lackawanna, Luzerne, whether to set the matter down for hear­ New Jersey. Logan D. Hodge, 340 Sussex Northampton, Bucks, Montgomery and ing. Such request should state briefly Street, Paterson, N.J., for applicants. Philadelphia Counties, Pa., and points in the nature of the interest of the person No. M C-FC 61949. By order of April that part of the New York, N.Y., Com­ requesting the hearing and the position 22, 1959, the Transfer Board approved mercial Zone as defined; paper bags, he proposes to take at the hearing with the transfer to James A. Bowen, doing from New Hope, Pa., to Lime Crest, N.J.; respect to imposition of terms. In addi­ business as Container Transport, Phila­ and Humus, from points in Sussex and tion, any interested person may submit delphia, Pa., of permits in Nos. MC Warren Counties, N.J., with certain ex­ his views or any additional facts bearing 100152 and MC 100152 Sub 1, each issued ceptions, to New York, N.Y.; points in “ •«M? application by means of a letter August 10, 1950, to James McDonald, Nassau, Suffolk, Orange, Westchester, addressed to the Secretary of the Secu­ Philadelphia, Pa., authorizing the trans­ Rockland, Sullivan, and Ulster Counties, rities and Exchange Commission, W ash­ portation o f: Paper boxes, knocked down, N .Y .; Philadelphia, Pa.; and points in ington 25, D.C. If no one requests a from Philadelphia, Pa., to Wilmington, Wayne, Pike, Monroe, Northampton, this matter, this application Del., Baltimore, Md., Washington, D.C., Bucks, and Montgomery Counties,. Pa. win be determined by order of the Com- and points in New York within 10 miles Bert Collins, 140 Cedar Street, New York jdission on the basis of the facts stated of New York, N.Y., and those in New 6, N.Y., for applicants. e. application and other information Jersey. John H. Derby, 816 Common­ [ se al] H arold D. M cC o y , contained in the official file of the Com­ wealth Building, 1201 Chestnut Street, mission pertaining to the matter. Philadelphia 7, Pa., for applicants. Secretary. By the Commission. NO. MC-FC 62026. By order of April [F.R. Doc. 59-3684; Filed, Apr. 30, 1959; 22, 1959, the Transfer Board approved 8:47 a.m.] [seal] O r val L. D uB o is, the transfer to Koberlein Express & Secretary. Transfer Co., Inc., of New York, N.Y., of certificate No. M C 7627 issued March 13, lp R. Doc. 59-3681; Piled, Apr. 30, 1959; [No. 32992] 8:46 a.m.] 1956, to Adrienne Carr and Harold Lodo- vichetti, a partnership, doing business as ACCOUNTING FOR FEDERAL Koberlein Express & Transfer Company INCOME TAXES of New York, N.Y., authorizing the trans­ INTERSTATE COMMERCE portation of household goods, office Order furniture and equipment, store fixtures, COMMISSION and dental and surgical equipment, over At a session of the Interstate Com­ regular routes, between New York, N.Y., merce Commission, division 2, held at [Notice 117] its office in Washington, D.C., on the 24th and Cornwall, N.Y., serving the off-route day of April A.D. 1959. MOTOR c a r r ier t r a n sfer points of Hoboken and Weehawken, N.J., and Spring Valley, N.Y.; between New Consideration has been given to a peti­ proceedings York, N.Y., and Paoli, Pa., serving the tion filed March 5,1959 by Arthur Ander­ sen & Co., a firm of certified public ac­ A pri\. 28, 1959. intermediate points of Jersey City and' countants, averring that a notice dated Newark, N.J., and Philadelphia, Pa., and t o s e X o i? ,u 0rders entered pursua February 9,1959 (24 F.R. 1401), amended merce .I),.212(b.) of the Interstate Cor the off-route point of Linden, N.J.; and the accounting regulations without re­ Prescribed ’ th«d ru] es and regulatio between New York, N.Y., and Bridgeport, course to public rule making procedures, 179) armoo Rem inder (49 CPR Pa Conn., serving the intermediate points ’’ appear below; and requesting that the notice be re­ of Greenwich and Stamford, Conn., and scinded; that rule making proceedings 3526 NOTICES in respect of such matter be instituted; L ong-and-S h ort H au l western Freight Bureau, Agent (No. B- and that petitioner be afforded the right 7534), for interested rail carriers. Rates FSA No. 35395: Vegetable calces and on fresh pineapples loaded in or on trail­ to participate therein. meals in western territory. Filed by ers and transported on railroad flat cars, The notice stated that a provision In Western Trunk Line Committee, Agent the Federal income tax regulations per­ trailer loads from Brownsville, Donna, (No. A-2056), for interested rail carriers. Eagle Pass, Hidalgo, Laredo, and Wes­ mitting accelerated depreciation is not Rates on vegetable meal, whole pressed an acceptable reason for changing de­ laco, Tex., to points in Arkansas, Illinois, cottonseed, cottonseed hulls,-and related Kansas, Louisiana, Missouri, New Mexico, preciation accounting as now prescribed, articles, carloads between, and from and and that possible income taxes to be and Oklahoma. to, points in specified states in Illinois Grounds for relief: Motor truck com­ assessed in the future will not be con­ and western trunkline territories, or por­ sidered an element of tax expense for the petition. tions thereof, as more fully described in Tariffs: Supplement 18 to Southwest­ current year. In both respects the notice exhibit 1 of the application. was an affirmation of applicable rules ern Freight Bureau tariff I.C.C. 4315 and Grounds for relief: Short-line distance two other schedules. now in effect and was issued to announce formulas and market competition in part. FSA No. 35399: TOFC—Freight be­ that amendment of those provisions is Tariff: Western Trunk Lines tariff tween Memphis, Tenn., and Louisiana not now under consideration. It follows I.C.C. A-4276. that the notice of February 9, 1959 may points. Filed by Southwestern Freight FSA No. 35396: Lubricating oil— Bureau, Agent (No. B-7535), for inter­ not accurately be described as an amend­ Kansas and Missouri points to Illinois ment of the accounting regulations and, ested rail carriers. Rates on property and Missouri points. Filed by South­ moving on class and commodity rates therefore, good cause appearing: western Freight Bureau, Agent (No. B - loaded in or on trailers and transported It is ordered, That the said petition of 7533), for interested rail carriers. Rates on railroad flat cars between Memphis, Arthur Andersen & Co. filed March 5, on petroleum lubricating oil, tank-car Tenn., and stations on the Texas and 1959, be and it is hereby, denied. loads from specified points in Kansas Pacific Railroad in southern Louisiana. And it is further ordered, That this and from Kansas City, Kans.-Mo., to Grounds for relief: Motor truck com­ order shall be served on the petitioners Chicago and East St. Louis, 111., and St. petition. and notice shall be given to the general Louis, Mo. Tariff: Supplement 54 to Southwest­ public by depositing copies in the office Grounds for relief: Short-line distance ern Freight Bureau tariff I.C.C. 4285. formula. Market competition with east­ of the Secretary of the Commission at FSA No. 35400: Lumber—Southern ern producing points. Washington, D.C., and by filing the order points to points in official territory. Tariff: Supplement 74 to Southwestern with the Director, Office of the Federal Filed by O. W . South, Jr., Agent (SPA Freight Bureau tariff I.C.C. 4279. Register. No. A3796), for interested rail carriers. FSA No. 35397: Substituted service— Rates on lumber and articles taking By the Commission, Division 2. Pa. R.R. for North American Van Lines. same rates, carloads, as more fully de­ Filed by Household Goods Carrier’s Bu­ [ seal] H arold D. M cC o y , scribed in the application from specified reau, Agent (No. 17), for the Pennsyl­ Secretary. points in southern states to points in vania Railroad Company and interested official (including Illinois) territory. [F.R. Doc. 59-3685; Filed, Apr. 30, 1959; motor carriers. Rates on property 8:47 a.m.] loaded in highway truck semi-trailers Grounds for relief: Short-line distance and transported on railroad flat cars be­ formulas, grouping, motor truck com­ tween Fort Wayne, Ind., on the one hand, petition, and operation through inter­ and Kearny, N.J., Philadelphia, Pa., or mediate points in higher-rated terri­ Harrisburg, Pa., on the other on traffic tories. FOURTH-SECTION APPLICATIONS originating at or destined to points in Tariffs: Supplement 199 to Southern FOR RELIEF territories described in the application. Freight Tariff Bureau tariff I.C.C. 1214 Grounds for relief: Motor truck com­ and other schedules of this bureau listed A p r il 28,1959. petition. in the application. Protests to the granting of an appli­ Tariff: Supplement 17 to Household By the Commission. cation must be prepared in accordance Goods Carrier’s Bureau tariff MF-I.C.C. [ seal] H arold D. McCoy, with Rule 40 of the general rules of prac­ No. 76. Secretary. tice (49 CFR 1.40) and filed within 15 FSA No. 35398: TOFC—Pineapples days from the date of publication of this from Texas-Mexican border points to [F.R. Doc. 59-3683; Filed, Apr. 30, 1959; notice in the F ederal R egister. points in the southwest. Filed by South­ 8:47 a.m.]