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NUMBER 191 VOLUME 20 'V o /J t EO ^

Washington, Friday, September 30, 1955

A u t h o r i t y : §§52.2931 to 52.2941 issued CONTENTS TIRE 7— AGRICULTURE under sec. 205, 60 Stat. 1090, as amended; Chapter I— Agricultural Marketing 7 U. S. C, 1624. Agricultural Conservation Pro- PaS® Service (Standards, Inspections, PRODUCT DESCRIPTION AND GRADES gram Service Rules and regulations: Marketing Practices), Deportment § 52.2931 Product description. Con­ Assignment of payment; change of Agriculture centrated tangerine juice for manufac­ turing is the concentrated product ob­ in period of time for execut­ Part 52—P rocessed F ruits, V egetables tained from sound, mature fruit of the ing and filing assignments— 7295 and Other P roducts (Inspection, Cer­ Mandarin group (Citrus reticulata). Agricultural Marketing Service tification and S tandards) The fruit is prepared by sorting and by Proposed rule making: SUBPART— UNITED STATES STANDARDS FOR washing prior to extraction of the juice Limes grown in Florida; han­ GRADES OF CONCENTRATED TANGERINE and the extracted juice is concentrated. dling------7313 JUICE FOR MANUFACTURING 1 The concentrated tangerine juice is proc­ Rules and regulations: essed in accordance with good commer­ Milk handling: On June 28, 1955, a notice of proposed cial practice; and may or may not require Austin-Waco, Tex., area----- 7294 rule making was published in the Fed­ processing by heat or subsequent refrig­ North Texas______7285 eral Register (20 F. R. 4546) regarding eration to assure preservation of the San Antonio, Tex------7292 a proposed issuance of United States product. The finished product does not Tangerine juice, concentrated, Standards for Grades of Concentrated contain any additives except that cold- for manufacturing; U. S. Tangerine Juice for Manufacturing. standards for grades------7281 After consideration of all relevant pressed oil to standardize flavor and matters presented, including the proposal chemical preservatives permissible under Agricultural Research Service set forth in the aforesaid notice, the fol­ provisions of the Federal Food, Drug, Rules and regulations: lowing United States Standards for and Cosmetic Act may have been added. Domestic quarantine notices; Grades of Concentrated Tangerine Juice (a) The Brix value of the finished white-pine blister rust, mis­ for Manufacturing are hereby promul­ concentrate shall comply with the fol­ cellaneous amendments------7284 gated pursuant to the authority con­ lowing for the dilution factors indicated: Agriculture Department tained in the Agricultural Marketing Act See Agricultural Conservation Brix value of the finished of 1946. (60 Stat. 1087 et seq.; 7 U. S. C. concentrate Service; Agricultural Market­ 1621 et seq.). Dilution factor ing Service; Agricultural Re­ PRODUCT DESCRIPTION AND GRADES M inim um Maximum search Service. Sec. Brix value Brix value Alien Property Office 52.2931 Product description. Notices: 52.2932 Grades of concentrated tangerine Degrees Degrees Vested property, intention to Juice for manufacturing. 38.0 41.0 46.0 40.0 return: FILL OF CONTAINER 63.3 66.3 Alfa-Romeo------7318 60.3 63.3 52.2933 Recommended fill of container. Vett, Lillian______7318 FACTORS OF QUALITY Army Department (b) Concentrated tangerine juice forSee Engineers Corps. 52.2934 Ascertaining the grade. manufacturing of other dilution factors 52.2935 Ascertaining the rating for the fac­ than “1 plus 3” to “1 plus 6”, as indicated Civil Aeronautics Administra­ tors which are scored. in paragraph (a) of this section, shall tion 52.2936 Color. result in a Brix (upon reconstitution as 52.2937 Defects. Rules and regulations: 52.2938 Flavor. prescribed by the processor or as pre­ Alterations: scribed by the label on the container, if Designation of: EXPLANATIONS AND METHODS OF ANALYSES labeled) of not less than 10.6 degrees. Civil airways------7296 52.2939 Explanation of terms and analyses. § 52.2932 Grades of concentrated tan­ Control areas, zones, and gerine juice for manufacturing, (a) reporting points------— 7298 LOT CERTIFICATION TOLERANCES Restricted areas------— 7301 52.2940 Tolerances for certification of offi­ “U. S. Grade A for Manufacturing” or cially drawn samples. “U. S. Fancy for Manufacturing” is the Civil Aeronautics Board quality of concentrated tangerine juice Notices: SCORE SHEET which shows no material gelation, re­ Accident occurring at Hobbs, 52.2941 Score sheet for concentrated tan­ constitutes properly, and of which the N. Mex.; hearing------7314 gerine Juice for manufacturing. reconstituted juice possesses a good Hearings, etc.: color; is practically free from defects; Lineas Aereas de Nicaragua, 1 Compliance with these standards does not possesses a reasonably good flavor; and S. A______7314 excuse failure to comply with the provisions scores not less than 85 points when Panama City, Florida-Atlanta °f the Federal Food, Drug, and Cosmetic Act. (Continued on next page) investigation------7314 7281 7282 RULES AND REGULATIONS

CONTENTS— Continued CONTENTS— Continued Customs Bureau— Continued Pas® Small Business Administration Page FEDERALMREGISTER Rules and regulations: Notices: \ 1934 4,V> c O/VirrO ’ Chicago Midway Airport; desig­ Declaration of disaster areas: nation as international air­ Maryland______7317 Published daily, except Sundays, Mondays, port______7302 Texas------7318 and days following official Federal holidays, Defense Department Treasury Department by the Federal Register Division, National Archives and Records Service, General Serv­ See also Engineers Corps. See Customs Bureau. ices Administration, pursuant to the au­ Notices: thority contained in the Federal Register Act, Secretaries of the Army, Navy, CODIFICATION GUIDE approved July 26, 1935 (49 Stat. .500, as and Air Force et al.; delega­ A numerical list of the parts of the Code amended; 44 U. S. C., ch. 8B), under regula­ tion of authority pursuant to of Federal Regulations affected by documents tions prescribed by the Administrative Com­ Executive order______7314 published in this issue. Proposed rules, as mittee of the Federal Register, approved by opposed to final actions, are identified as the President. Distribution is made only by Engineers Corps such. the Superintendent of Documents, Govern­ Rules and regulations: ment Printing Office, Washington 25, D. C. Danger zone regulations; At­ Title 7 Page The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 lantic Ocean, vicinity of No Chapter I : Mans Land, Mass______7313 Part 52______7281 per month or $15.00 per year, payable in Chapter IH: advance. The charge for individual copies Federal Housing Administration (minimum 15 cents) varies in proportion to Part 301______7284 the size of the issue. Remit check or money Notices: Chapter IX: order, made payable to the Superintendent Insurance fund debentures; call Part 943______7285 of Documents, directly to the Government for partial redemption, be­ Part 949______7292 Printing Office, Washington 25, D. O. fore maturity: 952______.____ The regulatory material appearing herein Part 7294 Housing, Title I: Part 1001 (proposed)_ 7313 is keyed to the Code op F ederal R egulations, Series L, 2y2%______- 7315 Chapter XI: which is published, under 50 titles, pursuant Series R, 2%%______7315 to section 11 of the Federal Register Act, as Series T, 3%______7315 Part 1110______7295 amended August 5, 1953. The Code op F ed­ Title 14 eral R egulations is sold by the Superin­ Mutual mortgage; tendent of Documents. Prices of books and Series E, 2%%____ 7315 Chapter I: pocket supplements vary. Series K, 2 V2%______7316 Part 41______7295 There are no restrictions on the re­ Series U, 3%______7316 Chapter II: publication of material appearing in the War housing; Series H, 2%%_ 7316 Part 600______7296 F ederal R egister, or the Code op Federal Part 601______7298 Regulations. Food and Drug Administration Part 608______7301 Rules and regulations: Title T9 Tolerances for residues in or on Chapter I: RECORD RETENTION raw agricultural commodi- ties: Part 6______7302 REQUIREMENTS Aramite______7301 Proposed rules_____ 7313 3- (p-chlorophenyl ) -1, 1—(di- Title 21 Reprint Notice methylurea)______7301 Chapter I : Part 120 (2 documents) 7301 A reprint of the Federal Register doted Foreign Claims Settlement Com­ April 8, 1955, is now available. mission Title 33 This issue, containing a 57-page index- Rules and regulations: Chapter II: digest of Federal laws and regulations Revision of chapter______7303 Part 204______7313 relating to the retention of records by the Title 39 public, is priced at 15 cents per copy. Health, Education, and Welfare Chapter I: Order from Superintendent of Documents, Department Part 63______7302 Government Printing Office, Washington See Food and Drug Administra­ Title 45 25, D. C. tion. Chapter V: Housing and Home Finance Part 500______7303 Agency Part 501______7304 7305 CONTENTS— Continued See Federal Housing Administra­ Part 505______tion. Part 506______7306 7307 Civil Aeronautics Board— Con. Page Part 507______Interstate Commerce Commis­ Part 515______7312 Notices—Continued sion Part 525______7312 Hearings, etc.—Continued Notices : Part 531______7312 Transfer of TWA Cincinnati- Fourth section applications for Detroit route______7314 relief______7318 Title 49 Rules and regulations: - Chapter I: Rules and regulations: 7302 Certification and operation Car service; substitution of re­ Part 95______rules for scheduled air carrier frigerator cars for box cars— 7302 operations outside continen­ tal limits of U. S.; special civil Justice Department scored in accordance with the scoring See Alien Property Office. system outlined in this subpart. air regulation: Requirements (b) “U. S, Grade C for Manufactur­ for pilot route qualification_ 7295 Post Office Department ing” or “U. S. Standard for Manufactur­ Commerce Department Rules and regulations: ing” is the quality of concentrated See Civil Aeronautics Administra­ Postal savings; withdrawals__ 7302 tangerine juice which shows no material tion. Securities and Exchange Com­ gelation, reconstitutes properly, and of Customs Bureau mission which the reconstituted juice possesses Proposed rule making: Notices: a fairly good color; is fairly free from Isla Grande Airport, San Juan, Hearings, etc.: defects; possesses a fairly good flavor; Puerto Rico; revocation of Paul Smith’s College of Arts and scores not less than 70 points when designation as international and Sciences______7317 scored in accordance with the scoring airport______7313 Welbilt Corp______7317 system outlined in this subpart. Friday, September 30, 1955 FEDERAL REGISTER 7283 (c) “Substandard for Manufacturing” ing due to scorching, oxidation, caramel­ free from traces of scorching, caramel­ is the quality of concentrated tangerine ization, or other causes. ization, oxidation, or terpene; and is free juice that fails to meet the requirements (c) (SStd-Mfg) classification. Con­ from off-flavors of any kind. To score of U. S. Grade C for Manufacturing or centrated tangerine juice that fails to in this classification the ratio of the Brix U. S. Standard for Manufacturing. meet the requirements of paragraph (b) value to acid shall be not less than 9 to 1 of this section may be given a score of nor more than 18 to 1. FILL OF CONTAINER 0 to 27 points and shall not be graded (b) (C-Mfg) classification. If the re­ § 52.2933 Recommended fill of con­ above Substandard for Manufacturing, constituted juice possesses a fairly good tainer. The recommended fill of con­ regardless of the total score for the flavor, a score of 28 to 33 points may be tainer is not incorporated in the grades product (this is a limiting rule). given. Concentrated tangerine juice that falls into this classification shall of the finished product since fill of con­ § 52.2937 Defects—(a) General. The tainer, as such, is not a factor of quality not be graded above U. S. Grade C for factor of defects refers to the degree of Manufacturing or U. S. Standard for for the purposes of these grades. It is freedom from seeds and portions thereof, recommended that each container be Manufacturing, regardless of the total from excessive juice cells, from pulp, and score for the product (this is a limiting filled with concentrated tangerine juice from other defects. as full as practicable without impairment rule). “Fairly good flavor” means a nor­ (1) “Pulp” means particles of mem­mal flavor for reconstituted concentrated of quality. brane, core, and peel. tangerine juice; and that the flavor may FACTORS OF QUALITY (b) (.A-Mfg) classification. Concen­ range from high acidity to low acidity, 1 52.2934 Ascertaining the grade— trated tangerine juice of which the re­ may have a slightly caramelized or (a) General. The grade of concentrated constituted juice is practically free from slightly oxidized flavor or may possess tangerine juice for manufacturing is as­ defects may be given a score of 17 to 20 traces of terpene but is free from off- certained by examining the concentrate points. “Practically free from defects” flavors of any kind. To score in this and the reconstituted juice; and in addi­ means that there may be present: classification the ratio of the Brix value tion to considering other requirements (1) Small seeds or portions thereof to acid shall be not less than 9 to 1 nor that are of such size that they could pass more than 21 to 1. outlined in the standards, the following through round perforations not exceed­ quality factors are evaluated: (c) (SStd-Mfg) classification. If the ing ys inch in diameter, provided such concentrated tangerine juice fails to (1) Factors not rated by score points. seeds or portions thereof do not mate­ (i) Degree of gelation. meet the requirements of paragraph (b) (ii) Faculty of reconstituting prop­rially affect the appearance or edibility of this section, a score of 0 to 27 points of the product. may be given. Concentrated tangerine erly. (2) Juice cells and pulp that do not juice that falls into this classification (2) Factors rated by score points. materially affect the appearance or edi­ shall not be graded above Substandard The relative importance of each factor bility of the product; and for Manufacturing, regardless of the to­ which is scored is expressed numerically (3) Other defects that are not more on the scale of 100. The maximum num­ tal score for the product (this is a limit­ than slightly objectionable. ing rule). ber of points that may be given such (c) (C-Mfg) classification. If the re­ factors are: constituted juice is fairly free from de­ EXPLANATIONS AND METHODS OF ANALYSES Factors: Points fects a score of 14 to 16 points may be § 52.2939 Explanation of terms and C olor______- — — 40 given. Concentrated tangerine juice analyses, (a) “Reconstituted juice” Defects______—------20 that falls into this classification shall not means the product obtained by mixing Flavor;______—— ------i------40 be graded above U. S. Grade C for manu­ thoroughly one part by volume of the Total score ______— ------— 100 facturing or U. S. Standard for Manu­ concentrated tangerine juice with a facturing, regardless of the total score stated volume of water. For example, § 52.2935 Ascertaining the rating for for the product (this is a limiting rule). a dilution factor of “1 plus 6” means that the factors which are scored. The es­ “Fairly free from defects” means that to one part by volume of concentrated sential variations within each factor there may be present: tangerine juice 6 parts by volume of which is scored are so described that (1) Small seeds or portions thereof water are added to produce a reconsti­ the value may be ascertained for each that are of such size that they could pass tuted juice. In the absence of any de­ factor and expressed numerically. The through round perforations not exceed­ clared dilution factor the product is numerical range within each factor ing Yb inch in diameter, provided such diluted with water to a Brix of between which is scored is inclusive. (For exam­ seeds or portions thereof do not seriously 10.6 and 11.6 degrees. Distilled water is ple, “17 to 20 points” means 17, 18, 19, affect the appearance or edibility of the used in reconstituting the product for or 20 points.) product; testing flavor. § 52.2936 Color— (a) (A-Mfg) classi­ (2) Juice cells and pulp that do not (b) “Reconstitutes properly” means fication. Concentrated tangerine juice seriously affect the appearance or edi­ that the concentrate mixes readily into of which the reconstituted juice possesses bility of the product; and a tangerine juice which shows no graini­ a good color may be given a score of 34 (3) Other defects that are not ma­ ness and that the reconstituted juice to 40 points. “Good color” means that terially objectionable. shows no material separation of colloidal the color is a reasonably bright yellow (d) (SStd-Mfg) classification. Con­ or suspended matter after standing four to yellow-orange color typical of prop­ centrated tangerine juice that fails to hours at a temperature of not less than erly processed and properly concentrated meet the requirements of paragraph (c) 68 degrees Fahrenheit in a clear glass tangerine juice and is practically free of this section may be given a score of 0 tube or cylinder of approximately 250 from browning due to scorching, oxida­ to 13 points and shall not be graded millimeter capacity and approximately above Substandard for Manufacturing, 1Í4 inches in diameter. tion, caramelization, or other causes. regardless of the total score for the prod­ (c) “Acid” means the percent by (b) (C-Mfg) classification. If the re­ uct (this is a limiting rule). weight of acid (calculated as anhydrous constituted juice possesses a fairly good citric acid) in concentrated tangerine color, a score of 28 to 33 points may be § 52.2938 Flavor—(a) (A-Mfg) clas­ sification. Concentrated tangerine juice juice and is determined by titration with given. Concentrated tangerine juice standard sodium hydroxide solution us­ that falls into this classification shall of which the reconstituted juice pos­ sesses a reasonably good flavor may be ing phenolphthalein as indicator. not be graded above U. S. Grade C for (d) “Brix value” of the concentrate Manufacturing or U. S. Standard for given a score of 34 to 40 points. “Rea­ sonably good flavor” means that the is the refractometric sucrose value de­ Manufacturing, regardless of the total termined in accordance with the Inter­ score for the product (this is a limiting flavor is typical of reconstituted concen­ trated tangerine juice from properly national Scale of Refractive Indices of rule). “Fairly good color” means that Sucrose Solutions and to which the ap­ the tangerine juice may possess a typical processed and concentrated tangerine juice; that the flavor may range from plicable correction for acid is added. fairly bright yellow to yellow-orange (See table I for corrections.) color that is reasonably free from brown­ high acidity to low acidity; is practically 7284 RULES AND REGULATIONS

T able I—C orrections for Obtaining B rix Value Effective time. The United States in a nursery protected from blister rust Correction to Correction to Standards for Grades of Concentrated infection, and when accompanied by a Citric acid, be added to Citric acid, be added to Tangerine Juice (which is the first issue) white-pine certificate issued for such anhydrous refractom- anhydrous refractom- contained in this subpart shall become movement by the Plant Pest Control (percent by eter sucrose (percent by eter sucrose effective 30 days after publication hereof weight) value to ob­ weight) value to ob­ Branch. tain degree tain degree in the Federal Register. Brix value Brix value 4. Section 301.63-5 (a) (1) is amended Dated: September 26,1955. to read as follows: 2.0 0.39 3.6...... 0.70 2.2 .43 3.8...... 74 [seal] Roy W. Lennartson, § 301.63-5 Conditions governing in­ 2.4 .47 4.0...... 78 Deputy Administrator, terstate movement of regulated ar­ 2.6 .51 4.2...... 81 Marketing Services. 2.8 .54 4.4...... 85 ticles—(a) Five-leaved pines. (1) Five­ 3.0. .58 4.6...... 89 [P. R. Doc. 55-7902; Piled, Sept. 29, 1955; leaved pines may be moved interstate 3.2. .62 4.8...... 93 8:49 a. m.J without restriction between the follow­ 3.4. .66 5.0...... 97 ing noninfected States or parts thereof (e) The “Brix” of reconstituted juice when they have originated therein, means the degree Brix as determined by namely: Arizona, Colorado, Nevada, New Chapter III— Agricultural Research Mexico, Utah, and the noninfected part a Brix hydrometer calibrated at 20 de­ of California comprising the counties of grees Centigrade (68° Fahrenheit), and Service, Department of Agriculture Contra Costa, Mariposa, Mono, San to which any applicable temperature Part 301—Domestic Quarantine Notices correction has been applied. Francisco, San Joaquin, Stanislaus, and Subpart—W h it e -P in e B lister R ust all of those south thereof. Five-leaved LOT CERTIFICATION TOLERANCES pines may not be moved interstate into § 52.2940 Tolerances for certification miscellaneous amendments the -above-described areas from any of officially drawn samples, (a) When On August 31, 1955, there was pub­ other part of the United States, except certifying samples that have been offi­ lished in the F ederal R egister (20 F. R. when intended for reforestation pur­ cially drawn and which represent a spe­ 6386) a notice of proposed rule m aking poses, when they have been grown in a cific lot of concentrated tangerine juice concerning amendments of certain regu­ nursery protected from blister rust in­ the grade for such lot will be determined lations supplemental to notice of quar­ fection, and when accompanied by a by averaging the total scores of the con­ antine No. 63 relating to the white-pine white-pine certificate issued for such tainers comprising the sample, if, (1) all blister rust. After due consideration of movement by the Plant Pest Control containers comprising the sample meet all relevant matters presented, and under Branch. all applicable standards of quality pro­ the authority of section 8 of the Plant 5. Section 301.63-6 is amended to read mulgated under the Federal Food, Drug, Quarantine Act of 1912, as amended (7 as follows: and Cosmetic Act and in effect at the U. S. C. 161), §§ 301.63-1, 301.63-3a, time of the aforesaid certification; and 301.63- 3 (a) (1), 301.63-5 (a) (1), § 301.63-6 Conditions governing the (2) with respect to those factors which 301.63- 6, and 301.63-7 of the regulations issuance and use of white-pine certifi­ are scored: supplemental to notice of quarantine cates and control-area permits—(a)' (i) Not more than one-sixth of the No. 63 (7 CFR, 1954 Supp., 301.63-1, White-pine certificates. Certificates au­ containers fails to meet the grade indi­ 301.63- 3a, 301.63-3 (a) (1), 301.63-5 (a) thorizing the interstate movement of cated by the average of such total (1) , 301.63-6, and 301.63—7) are hereby white pine into the noninfected areas as scores; amended in the following respects: designated in § 301.63-5 (a) (1) from (ii) None of the containers falls more 1. Section 301.63-1 is amended by points outside thereof may be issued for than 4 points below the minimum score adding thereto a paragraph (1) to read such pine when it is intended for refor­ for the grade indicated by thu average as follows: estation purposes and when it has been of such total scores; grown in nurseries adequately protected (iii) None of the containers falls more (i) White-pine certificate. An officialfrom white-pine blister rust infection to than one grade below the grade indi­ form issued by the Plant Pest Control provide noninfected planting stock as cated by the average of such total scores; Branch authorizing the interstate move­ determined by the Plant Pest Control and ment of five-leaved pines for reforesta­ Branch. Application for white-pine cer­ (iv) The average score of all contain­ tion purposes into noninfected States tificates shall be made to the Plant Pest ers for any factor subject to a limiting from nurseries in States outside thereof Control Branch, Agricultural Research rule is within the score range of that which are certified by the Plant Pest Service, Washington 25, D. C. factor for the grade indicated by the Control Branch as being adequately pro­ (b) Control-area permits. Control- average of the total scores of the con­ tected from blister rust infection to pro­ area permits may be issued for the inter­ tainers comprising the sample. vide noninfected planting stock. state movement of gooseberry and cur­ rent plants, except for European black SCORE SHEET 2. Section 301.63-3a is amended by de­ leting from the introductory paragraph currants, into control areas as desig­ § 52.2941 Score sheet for concen­ nated in administrative instructions of trated tangerine juice for manufactur­ thereof the word “California” and by ing. deleting the portion therein relating to the Chief of the Plant Pest Control the movement into California of Euro­ Branch when the planting locations are Size and kind of container______not within infective distance of pro­ Container mark or identification...... pean black currant plants, and goose­ Label (including reconstitution factor)______I.I. berry and currant plants, other than tected pine and movement thereto of Liquid measure (fluid ounces)______European black currants. such plants is not prohibited. Applica­ Net weight______IIIH_ ”” Brix value of concentrate (corrected for acid),'” 'III I” 3. Section 301.63-3 (a) (1) is amended tions for control-area permits shall be Anhydrous citric acid in concentrate (percent by to read as follows: weight).______made to the Federal representative in Brix value to acid ratio__ ._____ IIIIIIIIII ’• (a) Movement of five-leaved pines. the State of destination as designated in Recoverable oil (ml./lOO grams)...... I.IIIIII H I Reconstitutes properly: (Yes) (No) (1) As provided in § 301.63-5 (a), five­ the administrative instructions, giving leaved pines may be moved interstate names and addresses of consignee and Factors Score points without restriction between the nonin­ consignor and kind and number of plants fected States of Arizona, Colorado, to be shipped. f(A-Mfg) 34-40 Nevada, New Mexico, Utah, and the (c) Use of certificates and permits. Color______40 {(C-Mfg) 128-33 noninfected part of California com­ White-pine certificates or control-area l(SStd-Mfg) 1 0-27 f(A-Mfg) 17-20 prised of the counties of Contra Costa, permits, when required as a condition of Defects______20 ■1 (C-Mfg) 114-16 Mariposa, Mono, San Francisco, San interstate movement of regulated arti­ l(SStd-Mfg) * 0-13 f(A-Mfg) 34-40 Joaquin, Stanislaus, and all those south cles, must be securely attached to the Flavor_____ .. 40 -{(C-Mfg) 128-33 l(SStd-Mfg) 1 0-27 thereof. Five-leaved pines may not be outside of each container of regulated moved interstate into these areas from articles, except that for carload and Total score - 100 any other part of the United States ex­ other bulk shipments by rail, the cer­ Grade for manufacturing. cept when intended for reforestation tificate or permit shall accompany the 1 Indicates limiting rule. purposes, when they have been grown waybill and for shipment by truck or Friday, September 30, 1955 FEDERAL REGISTER 7285 Done at Washington, D. C., this 26th Sec. other road vehicle the certificate or per­ 943.72 Computation of uniform price. mit shall accompany the vehicle and be day of September 1955. 943.73 Computation of uniform prices for surrendered to the consignee on delivery [SEAL] M. R. CLARKSON, base milk and excess milk. of the shipment. Acting Administrator, determination o f b a s e Agricultural Research Service. 6. Section 301.63-7 is amended to read 943.80 Computation of daily average base as follows: [F. R. Doc. 55-7913; Filed, Sept. 29, 1955; for eacb producer. § 301.63-7 Cancellation of white-pine 8:52 a. m.] 943.81 Base rules. certificates and control-area permits. p a y m e n t s White-pine certificates and control-area 943.90 Time and method of payment. permits issued under the provisions of 943.91 Butterfat and location differentials these regulations may be withdrawn or Chapter IX— Agricultural Marketing to producers. cancelled by the Plant Pest Control Service (Marketing Agreements and 943.92 Producer-settlement fund. Branch for failure of compliance with Orders), Department of Agriculture 943.93 Payments to the producer-settle­ the conditions of these regulations, or ment fund. whenever the further use of such certifi­ [Docket No. AO 231-A6] 943.94 Payments out of the producer- settlement fund. cates or permits might result in the P art 943—H andling of M il k in N orth 943.95 Adjustment of accounts. spread of the white-pine blister rust. ' T exas M arketing Area 943.96 Marketing services. These amendments to the regulations order amending the order, as amended, 943.97 Expenses of administration. restore provisions, deleted in an amend­ regulating the handling of m il k in 943.98 Termination of obligation. ment effective April 25,1952, which allow the movement of five-leaved pines into THE NORTH TEXAS MARKETING AREA EFFECTIVE TIME, SUSPENSION OR TERMINATION noninfected States when such pines are Sec. 943.100 Effective time. 943.0 Findings and determinations. 943.101 Suspension or termination. intended for reforestation purposes, 943.102 Actions after suspension or termi­ when they have been grown in a nursery DEFINITIONS nation. protected from blister rust infection, and Act. 943.103 Liquidation. when they are accompanied by a certifi­ 943.1 943.2 Secretary. MISCELLANEOUS PROVISIONS cate issued for such movement by the 943.3 Department. Plant Pest Control Branch. These provi­ 943.4 Person. 943.110 Agents. sions were deleted in 1952 because non­ 943.5 Cooperative association. 943.111 Separability of provisions. North Texas marketing area. infected States had indicated that they 943.6 A u t h o r i t y : . §§ 943.0 to 943.111 issued un­ were able to grow within their ^ nonin­ 943.7 Route. der sec. 5, 49 Stat. 753, as amended; 7 U. S. C. fected areas the quantities of white-pine 943.8 Distributing plant. 608c. 943.9 Supply plant. seedlings they require for reforestation. 943.10 Pool plant. § 943.0 Findings and determinations. This has not proved feasible in all nonin­ 943.11 Nonpool plant. The findings and determinations herein­ fected States. Consequently, there has 943.12 Handler. after set forth are supplementary and in been a request for the restoration of the 943.13 Producer. addition to the findings and determi­ deleted provisions. 943.14 Producer milk. nations previously made in connection The amendment of § 301.63-3 (a) (1), 943.15 Fluid milk products. Other source milk. with the issuance of the aforesaid order; also deletes therefrom reference to the 943.16 and all of said previous findings and de­ States of Georgia, Kentucky, South Caro­ 943.17 Producer-handler. 943.18 Base milk. terminations are hereby ratified and af­ lina, and Tennessee, in order to conform 943.19 Excess milk. firmed, except insofar as such findings this subsection to a similar revision of 943.20 Reserve supply credit. and determinations may be in conflict § 301.63-5 (a) (1) effective April 25,1952. MARKET ADMINISTRATOR with the findings and determinations set Another amendment deletes Calaveras forth herein. and Tuolumne Counties from the portion 943.25 Designation. (a) Findings upon the basis of the of California designated as noninfected 943.26 Powers. hearing record. Pursuant to the pro­ in §§ 301.63-3 (a) (1) and 301.63-5 (a) 943.27 Duties. visions of the Agricultural Marketing (1). Furthermore, all reference to Cal­ REPORTS, r e c o r d s a n d f a c il it ie s Agreement Act of 1937, as amended (7 ifornia is deleted from the administrative 943.30 Reports of receipts and utilization. U. S. C. 601 et seq.), and the applicable instructions designating white-pine blis­ 943.31 Payroll reports. rules of practice and procedure, as ter rust control areas. The latter re­ 943.32 Other reports. amended, governing the formulation of 943.33 Records and facUities. marketing agreements and marketing striction is no longer necessary to supple­ Retention of records. ment the control program in the State, 943.34 orders (7 CFR Part 900), a public hear­ since State authority is utilized to compel CLASSIFICATION ing was held upon certain proposed the removal of any planted ribes that 943.40 Skim milk and butterfat to be amendments to the tentative marketing might spread infection in localities that classified. agreement and to the order, as amended, 943.41 Classes of utilization. regulating the handling of milk in the comprised the former California control 943.42 Shrinkage. North Texas, marketing area. Upon the area. 943.43 Responsibility of handlers. basis of the evidence introduced at such Most of the foregoing amendments 943.44 Transfers. hearing and the record thereof, it is constitute a relieving of restrictions here­ 943.45 Computation of the skim milk and butterfat in each class. found that: tofore in effect, All amendments should 943.46 Allocation of skim milk and butter­ (1) The said order, as amended, and be made effective as soon as possible in fat classified. as hereby further amended, and all of order to be of maximum benefit in pre­ the terms and conditions thereof, will venting the interstate spread of the MINIMUM PRICES tend to effectuate the declared policy of white-pine blister rust and in permitting 943.50 Basic formula price to be used in the act; determining Class I prices. (2) The parity prices of milk produced the movement of five-leaved pines under 943.51 Class prices. certain conditions. Good cause is found, 943.52 Butterfat differentials to handlers. for sale in the said marketing area as therefore, for issuing them effective less 943.53 Location differentials to handlers. determined pursuant to section 2 of the than 30 days after publication in the APPLICATION OF PROVISIONS act are not reasonable in view of the price Federal R egister, as provided in section of feeds, available supplies of feeds and 943.60 Producer-handlers. other economic conditions which effect 4 of the Administrative Procedure Act (5 943.61 Plants subject to other Federal U. S. C. 1003). orders. market supplies of and demand for such milk, and the minimum prices specified (Sec. 3, 33 Stat. 1270, sec. 9, 37 Stat. 318; 7 DETERMINATION OF UNIFORM PRICE u- S. c. 143, 162. Interpret or apply sec. 8, in the order, as amended, and as hereby 37 Stat. 318, as amended; 7 U. S. C. 161) 943.70 Computation of value of milk. further amended, are such prices as will 943.71 Computation of aggregate value These amendments shall be effective used to determine uniform reflect the aforesaid factors, insure a September 30,1955. price (s). sufficient quantity of pure and whole- 7286 RULES AND REGULATIONS some milk and be in the public interest; reenacted and amended by the Agricul­ and of such receipts are thus moved and as­ tural Marketing Agreement Act of 1937, signed during the month; or (3) The said order; as amended, andas amended (7 U. S. C. 601 et seq.) . as hereby further amended, regulates the (c) During each of the months of handling of milk in the same manner as § 943.2 Secretary. “Secretary” means January through August, if (l) such and is applicable only to persons in the the Secretary of Agriculture or such plant was a supply plant pursuant to respective classes of industrial and com­ other officer or employee of the United paragraph (a) or (b) of this section mercial activity specified in a marketing States as is authorized to exercise the during each of the immediately preced­ agreement upon which a hearing has powers or to perform the duties of the ing months of September through De­ been held. said Secretary of Agriculture. cember, except for 1956 the months of October through December 1955 shall be September 13, 1955. The changes operative association” means any coop­ as a supply plant through August of such effected by this order will not require ex­ erative marketing association of year. tensive preparation or substantial alter­ producers which the Secretary deter­ ation in method of operation for han­ mines, after application by the associa­ § 943.10 Pool plant. “Pool plant” dlers. In view of the foregoing, it is tion: means (a) a distributing plant, (b) a hereby found and determined that good (a) To be qualified under the provi­ supply plant or (c) any plant approved cause exists for making this order sions of the act of Congress of February by the appropriate health authority to amending the order, as amended, effec­ 18, 1922, as amended, known as the supply milk for distribution as Grade A tive October 1, 1955, and that it would “Capper-Volstead Act”; and milk in the marketing area if such plant be contrary to the public interest to (b) To have full authority in the sale is operated by a cooperative association delay the effective date of this amend­ of milk of its members and to be engaged and (1) 75 percent or more of the pro­ ment for 30 days after its publication in in making collective sales or marketing ducer milk from members of such associ­ the F ederal R egister (See Sec. 4 (c) milk or its products for its members. ation is delivered during the month Administrative Procedure Act, 5 U. S. C. directly to the pool plants of other 1001 et seq.). § 943.6 North Texas marketing area. handlers or transferred by such associa­ (c) Determinations. It is hereby de­ “North Texas marketing area,” herein­ tion to the pool plant (s) of other han­ termined that handlers (excluding co­ after called the marketing area, means dlers, or (2) such plant qualified as a operative associations of producers who all territory, including all municipal cor­ pool plant pursuant to subparagraph (1) are not engaged in processing, distribut­ porations, Federal military reservations, of this paragraph during each of the im­ ing or shipping milk covered by this facilities and installations and State in­ mediately preceding months of Septem­ order amending the order, as amended, stitutions, within the counties of Cooke, ber, October, November and December, which is marketed within the North Collin, Dallas, Delta, Denton, Ellis, except for 1956 the months of October Texas marketing area) of more than 50 Fannin, Grayson, Hopkins, Hunt, John­ through December shall be used. percent of the milk which is marketed son, Kaufman, Lamar, Parker, Rockwall, and Tarrant, all in the State of Texas. § 943.11 Nonpool plant. “Nonpool within the said marketing area, refused plant” means any milk manufacturing, or failed to sign the proposed marketing § 943.7 Route. “Route” means any processing or packaging plant other agreement regulating the handling of delivery (including any' delivery by a than a pool plant described in § 943.10. milk in the said marketing area, and it is vendor or disposition at a plant store) hereby further determined that: of milk, skim milk, buttermilk, flavored § 943.12 Handler. “Handler” means: (1) The refusal or failure of such milk, flavored milk drinks or cream (a) any person in his capacity as the handlers to sign said proposed market­ other than a delivery in bulk form to a operator of a pool plant; ing agreement tends to prevent the milk processing plant. (b) Any cooperative association with effectuation of the declared policy of respect to producer milk diverted by it the act; § 943.8 Distributing plant. “A dis­ from a pool plant to a nonpool plant for tributing plant” means any milk plant (2) The issuance of the order amend­ the account of such cooperative associ­ ing the order, as amended, is the only approved by any health authority having ation; or practical means, pursuant to the de­ jurisdiction in the marketing area for Any cooperative association with re­ clared policy of the act, of advancing the processing or packaging of Grade A spect to producer milk which it causes the interests of producers of milk which fluid milk products and from which any to be delivered during any period of less is produced for sale in the said market­ such products are disposed of on a than a full month from its members di­ ing area; and route (s) in the marketing area. rectly to the pool plant of another han­ (3) The issuance of this order amend­ § 943.9 Supply plant. “Supply plant” dler if (1) during the same month such ing the order, as amended, is approved or means any plant approved by and under cooperative association is a handler pur­ favored by at least two-thirds of the the routine inspection of the appropriate suant to paragraph (a) or (b) of this sec­ producers who, during the determined health authority to supply fluid milk for tion with respect to any milk of such representative period (July 1955), were distribution as Grade A milk in the mar­ producer and (2) such association no­ engaged in the production of milk for keting area; and tifies the handler and the market admin­ sale in the said marketing area. (a) During the month 50 percent or istrator in writing of its intent to be­ more of the receipts of Grade A milk at come a handler with respect to such milk Order relative to handling. It is there­ such plant is moved as milk, skim milk prior to delivery. Such milk shall be fore ordered, that on and after the effec­ or cream in bulk to a distributing plant deemed to have been received by the co­ tive date the handling of milk in the and assigned to reserve supply credit operative association at the location of North Texas marketing area shall be the pool plant to which it is delivered in conformity to and in compliance with pursuant to § 943.20; or (b) During the last month of any four except that such milk shall be consid­ the terms and conditions of the afore­ or less consecutive months during which ered as a receipt of producer milk by the said order, as amended, and as hereby period an average of 50 percent or more operator of such pool plant for the pur­ further amended as follows: of the receipts of Grade A milk at such pose of §§ 943.41 (b) (5), 943.42, 943.46 DEFINITIONS plant is moved as milk, skim milk or (a) (4), and the proviso in §§ 943.53 and cream in bulk to a distributing plant and 943.97. § 943.1 Act. “Act” means Public Act assigned to reserve supply credit pur­ § 943.13 Producer. “Producer” means No. 10, 73d Congress, as amended, and as suant to § 943.20 and 15 percent or more any person, except a producer-handler, Friday, September BO, 1955 FEDERAL REGISTER 7287 who produces milk approved by the ap­ ing plant during the month, deduct Class utilization the classification of skim milk plicable health authority having juris­ I sales to other pool plant (s) and from or butterfat for such handler depends; diction in the marketing area for con­ this result deduct an amount equal to (h) Publicly announce, at his discre­ sumption as Grade A milk which milk 85 percent of the total hundredweight tion, by posting in a conspicuous place in is received at a pool plant: Provided, of milk received from producers during his office and by such other means as he That if such milk-4s diverted by a han­ the month at such plant. Any plus fig­ deems appropriate, the name of any per­ dler for his account from a pool plant ure resulting from this calculation shall son who after the day upon which he is to a nonpool plant any day during the be assigned pro rata to milk moved to required to perform such acts, has not: months of January through July and such plant from supply plants unless the (1) Made reports pursuant to on not more than 15 days during any operator of the distributing plant noti­ §§ 943.30 to 943.32, inclusive; other month, the milk so diverted shall fies the market administrator in writing (2) Maintained adequate records and be deemed to have been received by the of a different assignment on or before facilities pursuant to § 943.33; or diverting handler at a pool plant at the' the 7th day after the end of the month. (3) Made payments pursuant to location of the plant from which it was §§ 943.90 to 943.95, inclusive; diverted. "Producer” shall not include . MARKET ADMINISTRATOR (i) On or before the 12th day after any such person during periods of tem­ § 943.25 Designation. The agency for the end of each month, report to each porary degrading by such health author­ the administration of this subpart shall cooperative association which so re­ ity if such health authority notifies the be a market administrator, selected by quests the amount and class utilization operator of the pool plant or the market the Secretary, who shall be entitled to of milk received by each handler from administrator in writing of the effective such compensation as may be determined producers who are members of such co­ date or dates of such action and subse­ by, and shall be subject to removal at operative association. For the purpose quent reapprovaL the discretion of, the Secretary. of this report the milk so received shall be prorated to each class in the propor­ § 943.14 Producer milk. "Producer § 943.26 Powers. The market admin­ tion that the total receipts of milk from milk” means skim milk or butterfat con­ istrator shall have the following powers producers by such handler were used in tained in milk (a) received at the pool with respect to this subpart: each class; plant directly from producers, or (b) (a> To administer its terms and pro­ (j) Publicly announce by posting in a diverted from the pool plant to a non­ visions; conspicuous place in his office and by pool plant in accordance with the con­ (b) To receive, investigate, and re­ such other means as he deems appro­ ditions set forth in 1943.13. port to the Secretary complaints of priate the price determined for each § 943.15 Fluid milk products. "Fluid violations; month as follows: milk products” means milk, skim milk, (c) To make rules and regulations to (1) On or before the 5th day of each buttermilk, Savored milk drinks, cream effectuate its terms and provisions; and month the minimum price for Class I and any other product defined as Class I (d) To recommend amendments to milk, pursuant to § 943.51 (a) and the milk pursuant to § 943.41 (a) (1) and (2). the Secretary. Class I butterfat differential pursuant § 943.27 Duties. The market admin­ to § 943.52 (a), both for the current § 943.16 Other ^source milk. “Other istrator shall perform afi duties neces­ month; and the minimum price for Class source milk” means all skim milk and sary to administer the terms and pro­ n milk pursuant to § 943.51 (b) and the butterfat contained in: (a) Receipts visions of this subpart, including but Class n butterfat differential pursuant during the month of fluid milk products not limited to the following: to § 943.52 (b), both for the preceding except (1) fluid milk products received (a) Within 30 days following the date from other pool plants, or (2) producer month; and milk; and (b) products, other than fluid on which he enters upon his duties, or (2) On or before the 12th day of each milk products, from any source (includ­ such lesser period as may be prescribed month, the uniform prices computed ing those produced a t the plant), which by the Secretary, execute and deliver to pursuant to § 943.72 or § 943.73, as ap­ are reprocessed or converted to another the Secretary a bond effective as of the plicable, and the butterfat differential product in the pool plant during the date on *7hich he enters upon such duties computed pursuant to § 943.91, both ap­ month. and conditioned upon the faithful per­ plicable to milk delivered during the formance of such duties, in an amount preceding month; § 943.17 Producer-handler. “Pro­ and with surety thereon satisfactory to (k) Prepare and disseminate to the ducer-handler” means any person who the Secretary; public such statistics and information as produces milk and operates a distribut­ (b) Employ and fix the compensation he deems advisable and as do not reveal ing plant, but who receives no milk from of such persons as may be necessary to confidential information; and producers. enable him to administer its terms and (l) Furnish to a cooperative associa­ § 943.18 Base milk. “Base milk” provisions; tion for its members the data furnished (c) Obtain a bond in reasonable pursuant to § 943.31 (a). means producer milk received by a han­ amount and with reasonable surety dler during any of the months of April REPORTS, RECORDS AND FACILITIES through June of 1956 and March through thereon covering each employee who June of each year thereafter which is not handles funds entrusted, to the market 5 943.30 Reports of receipts and utili­ in excess of each producer’s daily aver­ administrator ; zation. On or before the 7th day after age base computed pursuant -to § 943.80 (d> Pay out of funds provided by the end of each month, each handler, multiplied by the number of days in such § 943.97 the cost of his bond and of the except a producer-handler, shall report month for which such producer delivered bonds of his employees, his own com­ to the market administrator in the detail milk. pensation, and all other expenses (ex­ and on forms prescribed by the market cept those incurred under § 943.96) administrator as follows: § 943.19 Excess milk. “Excess milk” necessarily incurred by him in the main­ (a) The quantities of skim milk and means milk received by a handler during tenance and f unctioning of his office and butterfat contained in receipts of pro­ any of the months of April through June in the performance of his duties; ducer milk and for the base-operating of 1956 and March through June there­ (e) Keep such books and records as months, the aggregate quantities of base after which is in excess of base milk re­ will clearly reflect the transactions pro­ milk and excess milk; ceived from each producer during such vided for in this part, and upon request (b) The quantities of skim milk and month, and it shall include all milk re­ by the Secretary, surrender the same to butterfat contained in receipts of fluid ceived from producers for whom no daily such other person as the Secretary may milk products from other pool plants; average base can be computed pursuant designate; to § 943.80. (c) The quantities of skim milk and (f) Submit his books and records to butterfat contained in other source milk; § 943.20 Reserve supply credit. The examination by the Secretary and fur­ (d) Inventories of fluid milk products hundredweight of reserve supply credit nish such information and reports as the on hand at the beginning and end of the that may be assigned to milk «moved Secretary may request; from a supply plant to a distributing (g) Audit all reports and payments by month; Plant shall be calculated as follows: each handler by inspection of such han-* (e) The utilization of all skim milk from the total hundredweight of milk dler's records and of the records of any and butterfat required to be reported classified as Class I milk at the distribut­ other handler or person upon whose pursuant to this section; 7288 RULES AND REGULATIONS

(f) The disposition of fluid milk prod­ records, or specified books and records, (b) Prorate the resulting amounts be­ ucts on routes wholly outside the mar­ until further written notification from tween skim milk and butterfat in re­ keting area; and the market administrator. In either ceipts from producers and in other (g) Such other information with re­ case, the market administrator shall give source milk. spect to receipts and utilization as the further written notification to the market administrator may prescribe. handler promptly, upon the termination § 943.43 Responsibility of handlers. of the litigation or when the records All skim milk and butterfat to be classi­ § 943.31 Payroll repprts. On or before fied pursuant to this part shall be classi­ the th day of each month, each han­ are no longer necessary in connection 20 therewith. fied as Class I milk unless the handler dler shall submit to the market adminis­ who first receives such skim milk and trator his producer payroll for deliveries classification butterfat establishes to the satisfaction of the preceding month, which shall § 943.40 Skim milk and butterfat to of the market administrator that it show; be classified. All skim milk and butter­ should be classified Class II milk. (a) The total pounds and the average fat received within the month by a § 943.44 Transfers. Skim milk or butterfat test of milk received from each handler and which is required to be re­ producer and cooperative association, butterfat disposed of by a handler from ported pursuant to § 943.30 shall be clas­ a pool plant, including transfers made the number of days, if less than the sified by the market administrator pur­ entire month for which milk was re­ by a, cooperative association pursuant to suant to the provisions of §§943.41 to § 943.12 (c), shall be classified: ceived from such producer, and, for the 943.46, inclusive. months of the base-operating period, (a) As Class I milk if transferred or such producer’s deliveries of base milk § 943.41 Classes of utilization. Sub­ diverted for not more than 7 days during and excess milk; ject to the conditions set forth in the month in the form of fluid milk (b) The amount of payment to each §§ 943.43 and 943.44, the classes of utili­ products to the pool plant of another producer and cooperative association; zation shall be as follows: handler (other than a producer-han­ and (a) Class I milk shall be all skim milk dler) except as: (c) The nature and amount of any (including reconstituted skim milk) and (1) Utilization in Class II milk is deductions or charges involved in such butterfat: claimed by the operator of both plants payments. (1) Disposed of in the form of milk, in their reports submitted pursuant to skim milk, buttermilk, flavored milk § 943.30; § 943.32 Other reports, (a) Each drinks, cream, cultured sour cream, any (2) The receiving handler has utiliza­ producer-handler shall make reports to mixture (except eggnog and bulk ice tion in Class II of an equivalent amount the market administrator at such time cream and frozen dairy product mixes) of skim milk and butterfat, respectively; and in such manner as the market ad­ of cream and milk or skim milk; and ministrator may prescribe. (2) Used to produce concentrated (in­ (3) The classification of the skim milk (b) Each handler who causes milk tocluding frozen) milk, flavored milk or or butterfat so transferred results in the be diverted for his account directly from flavored milk drinks disposed of for fluid classification at both plants of the producers’ farms to a nonpool plant consumption neither sterilized nor in greatest possible Class I utilization to the shall, prior to such diversion, report to hermetically sealed cans; and producer milk at both plants, if either or the market administrator and to the (3) All other skim milk and butterfat both handlers have other source milk cooperative association of which such not specifically accounted for as Class II during the month: Provided, That this producer is a member his intention to milk; subparagraph shall not operate to clas­ divert such milk, the proposed date or (b) Class II milk shall be all skim milk sify as Class I milk any skim milk and dates of such diversion, and the plant to and butterfat; butterfat transferred in the form of which such milk is to be diverted. (1) Used to produce any product other cream from ungraded sources for manu­ § 943.33 Records and facilities. Each than those specified in paragraph (a) of facturing purposes only from a pool handler shall maintain and make avail­ this section; plant at which ungraded milk is regu­ able to the market administrator or to (2) Disposed of for livestock feed; larly received from, dairy farmers; his representative during the usual hours (3) Disposed of (i) as bulk milk or (b) As Class I milk, if transferred to a of business such accounts and records of skim milk during the months of March producer-handler in the form of bulk his operations and such facilities as are through August, (ii) as bulk cream dur­ fluid milk products; necessary for the market administrator ing any month, and (iii) as ungraded (c) As Class I milk, if transferred or to verify or establish the correct data bulk milk or skim milk during any diverted in the form of milk or skim milk with respect to: month, to commercial bakeries or food in bulk to a nonpool plant located (1) (a) The receipts and utilization of all product manufacturing plants (other outside the marketing area and (2) out­ receipts of producer milk and other than dairy plants) which do not dispose side the Counties of Barry, Cedar, source milk; of milk for fluid consumption: Provided, Greene, Lawrence, Polk, Newton and (b) The weights and tests for butter- That the amount of skim milk or butter­ McDonald in the State of Missouri; 'f a t and other content of all milk, skim fat so classified pursuant to subdivision Erath, Titus, Runnels, Fayette, Chero­ milk, cream and milk products handled; (iii) of this subparagraph shall not ex­ kee and Wood Counties in the State of (c) Payments to producers and co­ ceed the butterfat and skim milk con­ Texas; Carter, Comanche, Grady, operative associations; and tained in ungraded milk received by such Muskogee and Cleveland Counties in the (d) The pounds of skim milk and handler from dairy farmers during the State of Oklahoma; Benton, Scott, butterfat contained in fluid milk prod­ month; Franklin, and Sebastian in the State of ucts on hand at the beginning and end (4) In frozen cream stored in a pub­ Arkansas; of each month. lic cold storage warehouse and not re­ (d) As Class I milk if transferred or moved within 30 days after date of diverted in the form of milk or skim milk § 943.34 Retention of records. All storage; in bulk to a nonpool plant located in­ books and records required under this (5) In shrinkage up to 2 percent (5 side of the marketing area or inside of subpart to be made available to the percent, with respect to receipts of skim any of the counties named in paragraph market administrator shall be retained milk during the months of April, May (c) of this section unless: by the handler for a period of three years and June) of skim milk and butterfat (1) The handler claims classification to begin at the end of the month to which in receipts from producers; as Class II milk in his report submitted such books and records pertain: Pro­ (6) In shrinkage of other source milk; pursuant to § 943.30; vided, That if, within such three-year and (2) The operator of the nonpool plant period, the market administrator noti­ (7) In inventory at the end of the maintains books and records showing the fies the handler in writing that the re­ month of fluid milk products. receipts and utilization of all skim milk tention of such books and records, or of § 943.42 Shrinkage. The market ad­ and butterfat at such plant which are specified books and records is necessary made available if requested by the mar­ in connection with a proceeding under ministrator shall allocate shrinkage over a handler’s receipts as follows: ket administrator for the purpose of section 8c (15) (A) of the act or a court (a) Compute the total shrinkage ofverification; action specified in such notice the skim milk and butterfat for each han­ (3) The classification reported by the handler shall retain such books and dler; and handler results in an amount of Class I Friday, September 30, 1955 FEDERAL REGISTER ♦ 7289 pirim milk and butterfat claimed by all § 943.46 Allocation of skim milk and MINIMUM PRICES handlers transferring or diverting milk butterfat classified. After making the § 943.50 Basic formula price to be to such plant of not less than the computations pursuant to § 943.45, the used in determining Class I prices. The amount of assignable Class I milk re­ market administrator shall determine basic formula price to be used in deter­ maining after the following computa­ the classification of milk received from mining the price per hundredweight of tion: producers as follows: Class I milk shall be the highest of the (i) From the total skim milk and but­ (a) Skim milk shall be allocated in prices computed pursuant to paragraphs terfat, respectively, in fluid milk prod­ the following manner: (a), (b), and (c) of this section. ucts disposed of from such nonpool (1) Subtract from the total pounds (a) The average of the basic or field plant, subtract the packaged fluid milk of skim milk in Class H milk the pounds prices per hundredweight reported to products received at such plant the skim of skim milk determined pursuant to have been paid or to be paid for milk of milk and butterfat received at such plant § 943.41 (b) (5); 3.5 percent butterfat content received directly from dairy farmers who the (2) Subtract from the remaining from farmers during the month at the market administrator determines con­ pounds of skim milk in Class II,milk, the following plants or places for which stitute the regular source of supply for pounds of skim milk received as Class prices have been reported to the market such fluid milk products for such non­ II milk in the form of cream from administrator or to the Department, pool plant; ungraded sources from the pool plant divided by 3.5 and multiplied by 4.0. (ii) From the remainder, subtract the of another handler at which ungraded skim milk and butterfat disposed of in milk is regularly received from dairy Present Operator’ pnd Location the form of bulk cream by such plant to farmers; . Borden Co., Mount Pleasant, Mich. a second plant if it is established that (3) ¿Subtract from the remaining Carnation Co., Spart.i, Mich. such cream was disposed of as ungraded pounds of skim milk in each class, in Pet Milk Co., Hudson, Mich. series beginning with Class n milk, the Pet Milk Co., Wayland, Mich. product for manufacturing use with Pet Milk Co., Coopersville, Mich. each container so tagged and such ship­ pounds of skim milk in other source Borden Co., Orfordville, Wis. ment (s) is so invoiced; milk which were not subject to the Borden Co., New London, Wis. (4) If the skim milk and butterfatClass I pricing and payment provisions Carnation Co., Richland Center, Wis. transferred by. all handlers to such a of another order issued pursuant to the Carnation Co., Oconomowoc, Wis. nonpool plant and reported as Class I act; Pet Milk Co., New Glarus, Wis. milk pursuant to this paragraph is less (4) Subtract from the remaining Pet Milk Co., Belleville, Wis. pounds of skim milk in Class II milk, 5 White House Milk Company, Manitowoc, than the skim milk and butterfat assign­ Wis. able to Class I milk pursuant to sub- percent of the skim milk contained in White House Milk Company, West Bend, paragraph (3) of this paragraph, an producer milk receipts or the remaining Wis. equivalent amount of skim milk and pounds of skim milk in Class II milk butterfat shall be reclassified as Class I whichever is less; (b) The price per hundredweight milk pro rata in accordance with the (5) Subtract from the remaining computed by adding together the plus claimed Class n classification reported pounds of skim milk in each class, in values computed pursuant to subpara­ by each of such handlers; series beginning with Class II milk, the graphs (1) and (2) of this paragraph: (e) On the basis of the conditions and pounds of skim milk in other source milk (1) From the simple average as com­ the allocation procedure described in which were subject to the Class I pricing puted by the market administrator of paragraph (d) of this section at a second and payment provisions of another order the daily wholesale selling prices (using nonpool plant, when transferred or di­ issued pursuant to the act; the midpoint of any price range as one verted from the pool plant as milk or (6) Add to the remaining pounds of price) per pound of Grade A (92-score) skim milk in bulk to a nonpool plant lo­ skim milk in Class II milk the pounds bulk creamery butter per pound at cated within the area described in para­ of skim milk subtracted pursuant to Chicago, as reported by the Department graph (c) of this section and from which subparagraph (4) of this paragraph; during the month, subtract 3 cents, add all receipts of milk or skim milk are (7) Subtract from the remaining 20 percent thereof, and multiply by 4.0. moved in bulk to such a second nonpool pounds of skim milk in each class, in (2) From the simple average as com­ plant for further processing; and series beginning with Class II milk, the puted by the market administrator of (f) As Class I milk if transferred in pounds of skim milk in inventory of the weighted averages of carlot prices the form of eream under Grade A cer­ fluid milk products on hand at the per pound for nonfat dry milk solids, tification to a nonpool plant, or unless beginning of the month; spray and roller process, respectively, for the handler claims classification as Class (8) Subtract from the remaining human consumption, f. o. b. manufac­ n milk and establishes the fact that such pounds of skim milk in each class the turing plants in the Chicago area, as cream was transferred without Grade A pounds of skim milk received from other published for the period from the 26th certification and with each container la­ handlers in the form of fluid milk day of the preceding month through the beled or tagged to indicate that the con­ products (other than that subtracted 25th day of the current month by the tents are ah ungraded product suitable pursuant to subparagraph (2) of this Department, deduct 5.5 cents, multiply for manufacturing use only, and that the paragraph) according to the classifica­ by 8.5 and then multiply by 0.96. shipment was so invoiced. tion thereof determined pursuant to (c) The average of the basic or field §943.44 (a); prices reported to have been paid or to § 943.45 Computation of the skim (9) Add to the remaining pounds of be paid for ungraded milk of 4.0 per­ milk and butterfat in each class. For skim milk in Class n milk the pounds of cent butterfat content received from each month, the market administrator skim milk subtracted pursuant to sub- farmers during the month at the follow­ shall correct for mathematical and for paragraph (1) of this paragraph; and ing plants or places for which prices other obvious errors the reports of re­ (10) If the remaining pounds of skim have been reported to the market ad­ ceipts and utilization submitted by milk in both classes exceed the pounds ministrator or to the Department: each handler and shall compute the of skim milk contained in producer milk, Present Operator and Location pounds of skim milk and butterfat, re­ subtract such excess from the remaining spectively in Class I milk and Class II pounds of skim milk in series beginning Carnation Co., Sulphur Springs, Tex. milk for such handler: Provided, That if with Class n milk. Any amount so sub­ The Borden Co., Mount Pleasant, Tex. any of the water contained in the milk tracted shall be called “overage.” Lamar Creamery, Paris, Tex. from which a product is made is re­ (b) Butterfat shall be allocated in ac­ § 943.51 Class prices. Subject to the moved before the product is utilized or cordance with the same procedure pre­ provisions of § 943.52 and § 943.53, the disposed of by a handler, the pounds of scribed for skim milk in paragraph (a) minimum prices per hundredweight to skim milk disposed of in such product of this section; and ' be paid by each handler for milk received shall be considered to be an amount (c) Add the pounds of skim milk and at his pool plant from producers during equivalent to the nonfat milk solids con­ butterfat allocated to producer milk in the month shall be as follows: tained in such product, plus all of the each class, pursuant to paragraphs (a) (a) Class I milk. The basic formula water originally associated with such and (b) of this section and determine price for the preceding month (rounded solids. the percentage of butterfat in each class. to the nearest one-tenth cent) plus No. 191----- 2 7290 RULES AND REGULATIONS

$2.00 for the months of March through 110 miles or more from the City Hall, of § 943.46 (a) (10) by the applicable class June and plus $2.20 for all other months Dallas, Texas, and which is transferred price (s) ; and subject to a supply-demand adjustment to another pool plant in the form of fluid (c) Add the amount computed by of not more than 50 cents computed as milk products and classified as Class I follows: multiplying the difference between the milk, or which is otherwise classified as applicable Class II price for the preced­ (1) For each month calculate a utiliz­ Class I milk, the price specified in ing month and the applicable Class I ation percentage (to the nearest whole § 943.50 (a) shall be reduced at the rate percentage) by dividing the total pounds price for the current month by the hun­ of 1.5 cents for each 10 miles or fraction dredweight of skim milk and butterfat in of milk received from all producers at thereof that such pool plant is located Class II milk after making the calcula­ pool plants during the second and third from the Dallas City Hall by shortest preceding months by the total pounds of tions for such handler pursuant to hard-surfaced highway distance, as de­ § 943.46 (a) (8) and the corresponding Class X milk (adjusted to eliminate dupli­ termined by the market administrator: cations due to interhandler transfers) step of (b) for the preceding month or Provided, That for purpose of calculat­ by the hundredweight of skim milk or disposed of from such plants during the ing such location differential, fluid mill? same 2-month period; and butterfat subtracted from Class I milk products which are transferred between pursuant to § 943.46 (a). (7) and the (2) For each percentage that the pool plants shall be assigned to any re­ utilization percentage is less than the corresponding step of (b) for the current mainder of Class II milk in the plant to month, whichever is less respectively. minimum percentage listed below for the which transferred after making the cal­ applicable 2-month period the Class I culations prescribed in § 943.46 (a) (1) § 943.71 Computation of aggregate price shall be increased 3 cents, and for through (7) and the corresponding steps value used to determine uniform price(s). each percentage that the utilization per­ in § 943.46 (b) for such plant less? 5 per­ For each month the market administra­ centage is more than the maximum per­ cent of the receipts of producer milk at tor shall compute an aggregate yalue centage listed below for such 2-month such plant, such assignment to the plant from which to determine the uniform period the Class I price shall be de­ from which transferred to be made in price (s) per hundredweight for producer creased 3 cents: sequence according to the location dif­ milk of 4.0 percent butterfat content as follows : P ercentages ferential applicable at each plant, be­ ginning with the plant having the largest (a) Combine into one total the values differential. computed pursuant to § 943.70 for all 2-month period Mini­ Maxi­ Month to handlers who made the reports pre­ mum mum which adjust­ APPLICATION OF PROVISIONS ment applies ■ - ■ - - r\ . scribed in § 943.30 and who made the § 943.60 Producer-handlers. Sections payments pursuant to §§ 943.90 and J anuary-F ebruary___ 123 125 April. 943.40 through 943.46, 943.50 through § 943.93 for the preceding month; February-March____ 132 134 May. March-April______138 140 June. 943.53, 943.70 through 943.73, 943.80 (b) Add not less than one-half of the April-May____ ... 142 144 July. through 943.81, and 943.90 through cash balance on hand in the producer- May-June....____ ..I 138 140 August. settlement fund, less the total amount June-July..______131 133 September. 943.97 shall not apply to a producer- J uly-August.____HU 123 125 October. handler. of the contingent obligations to han­ August-September.... 115 117 November. dlers pursuant to § 943.94; September-October__ 107 109 December. § 943.61 Plants subject to other Fed­ October-November.... 108 no. January. eral orders. A plant specified in para­ (c) Subtract if the average butterfat N ovember-Décember. 114 116 February. content of the milk included in these December-January__ 118 120 March. graph (a) or (b) of this section shall be treated as a nonpool milk plant during computations is greater than 4.0 percent or add if such average butterfat content (b) Class II milk. For each of thethe month except that the operator of such plant shall, with respect to the is less than 4.0 percent an amount by months of April, May and June, the price which the average butterfat content of computed pursuant to § 943.50 (c), and total receipts and utilization or disposi­ tion of skim milk and butterfat at the such milk varies from 4.0 percent by the for each of the other months of the year, butterfat differential computed pursuant the higher of the prices computed pur­ plant, make reports to the market ad­ ministrator at such time and in such to § 943.91 (a) and multiplying the re­ suant to § 943.50 (b) or (c) rounded in sulting figuré-by the total hundredweight each case to the nearest ohe-tenth cent. manner as the market administrator may require (in lieu of tjie reports re­ of such milk; and § 943.52 Butter fat differentials to quired pursuant to § 943.30), and allow (d) Add the aggregate of the values handlers. If the average butterfat con­ verification of such reports by the mar­ of the location differentials to producers tent of the milk of any handler allocated ket administrator. pursuant to § 943.91 (b). to any class pursuant to § 943.46 is more (a) Any distributing plant which § 943.72 Computation of uniform or less than 4.0 percent, there shall be would otherwise be subject to the clas­ price. For each of the months of July added to the respective class price, com­ sification and pricing provisions of an­ through February, and for March of puted pursuant to § 943.51, for each one- other order issued pursuant to the act, 1956, the market administrator shall tenth of 1 percent that the average unless a greater volume of Class I milk compute the uniform price per hundred­ butterfat content of such milk is above is disposed of from such plant through weight for producer milk of 4.0 percent 4.0 percent, or subtracted for each one- routes in the North Texas marketing butterfat content at pool plants at tenth of 1 percent that such average area than in the marketing area regu­ which no location differential applies as butterfat content is below 4.0 percent, an lated pursuant to such other order. follows: amount equal to the butterfat differen­ (b) Any supply plant which would (a) Divide the aggregate value com­ tial computed by multiplying the simple otherwise be subject to the classification puted pursuant to § 943.71 by the total average, as computed by the market ad­ and pricing provisions of another order hundredweight of milk included in such - ministrator, of the daily wholesale selling issued pursuant to the act, unless such computation; and price per pound (using the midpoint of plant qualified as a pool plant pursuant (b) Subtract not less than 4 cents nor any price range as one price) of Grade A to § 943.9 for each of the preceding more than 5 cents. (92-score) bulk creamery butter at Chi­ months of September through December. cago as reported bj.the Department dur­ § 943.73 Computation of uniform ing the appropriate month by the § 943.70 Computation of value of prices for base milk and excess milk. For applicable factor listed below and round­ milk. The value of producer milk re­ each of the months of April through ing to the nearest one-tenth cent: ceived during each month by each han­ June 1956, and March through June, (a) Class I milk. Multiply such price dler shall be a sum of money computed thereafter, the market administrator for the preceding month by 0.125; * by the market administrator as follows: shall compute the uniform prices per (b) Class II milk. Multiply such price (a) Multiply the pounds of such milk hundredweight for base m ilk. and for for the current month by 0.115, except in each class by the applicable respective excess milk, each of 4.0 percent butter­ during the months of March, April, May class prices and add together the result­ fat content at pool plants at which no and June multiply by 0.110. ing amounts; location differential applies as follows: § 943.53 Location differentials to han­ (a) Compute the total value on a 4.0 (b) Add the amount computed by percent butterfat basis of excess milk dlers, For that milk which is received multiplying the pounds of overage de­ from producers at a pool plant located included in the computations pursuant ducted from each class pursuant to to § 943.71 by multiplying the hundred- Friday, September 30, 1955 FEDERAL REGISTER 7291 milk was received, to each producer for Butterfat weight of such milk not in excess of the differential total quantity of Class n milk included whom payment is not made pursuant to Butter price—Con. (cents) in these computations by the price for paragraph (c) of this section, at not 70.0- 79.99 cents______— 8 Class H milk of 4.0 butterfat content, less than the applicable uniform price(s) 80.0- 89.99 cents______9 plus 4 cents, multiplying the hundred­ for such month computed pursuant to 90.0- 99.99 cents______10 weight of such milk in excess of the total §§ 943.72 and 943.73, adjusted by the $ 1. 00- $ 1.10______11 hundredweight of such Class n milk by butterfat differential computed pursuant (b) In making payments to producers the price for Class I milk of 4.0 percent to § 943.91 (a) and the location differ­ pursuant to § 943.90 (a) or (c), the ap­ butterfat content, and adding together ential computed pursuant to § 943.91 (b), plicable uniform prices to be paid for the resulting amounts; and less the amount of the payment producer milk received at a pool plant (b) Divide the total value of excess made pursuant to paragraph (b) of this located 110 miles or more from the City rniile obtained in paragraph (a) of this section: Provided, That if by such date Hall of Dallas, Texas by the shortest section by the total hundredweight of such handler has not received full pay­ hard-surfaced highway distance as de­ such milk, and subtract not less than ment for such month pursuant to § 943.94 termined by the market administrator, 4 cents nor more than 5 cents. The re­ he may reduce his total payments to all shall be reduced 1.5 cents for each 10 sulting figure shall be the uniform price producers uniformly by not less than miles or fraction thereof that such plant for excess milk. the amount of reduction in payments (c) Subtract the value of excess milk from the market administrator; he shall, is located from the Dallas City Hall. obtained in paragraph (a) of this sec­ however, complete such payments pur­ § 943.92 Producer-settlement fund. tion from the aggregate value computed suant to this paragraph not later than The market administrator shall estab­ pursuant to § 943.71; the date for making such payments next lish and maintain a separate fund known (d) Divide the amount obtained in following receipt of the balance from the as the “producer-settlement fund,” into paragraph (c) of this section by the total market administrator. which he shall deposit all payments hundredweight of base milk included in (b) On or before the 25th day of each made by handlers pursuant to § 943.93, these computations; month, to each producer (1) for whom and out of which he shall make all pay­ (e) Subtract not less than 4 cents nor payment is not made pursuant to para­ ments to handlers pursuant to § 943.94. more than 5 cents from the amount graph (c) of this section and (2) who § 943.93 Payments to the producer- computed pursuant to paragraph (d) of has not discontinued delivery of milk to settlement fund. On or before the 13th this section. The resulting figure shall such handler, an advance payment for day after the end of the month during be the uniform price for base milk. milk received from such producer during the first 15 days of such month com­ which the milk was received, each DETERMINATION OF BASE puted at not less than the Class II price handler, including a cooperative associa­ § 943.80 Computation of daily aver­ for 4 percent milk of the preceding tion which is a handler, shall pay to the age base for each producer. For the month, without deduction for hauling. market administrator the amount, if months of April through June of 1956 (c) On or before the 13th and 23d any, by which the value of the milk re­ and March through June of each year days of each month, in lieu of payments ceived by such handler from producers thereafter the market administrator pursuant to paragraphs (a) and (b) of as determined pursuant to § 943.70 is shall compute a daily average base for this section respectively, to a coopera­ greater than the amount required to be each producer as follows, subject to the tive association which so requests, with paid producers by such handler pursuant rules set forth in § 943.81; respect to producers for whose milk such to § 943.90. (a) Divide the total pounds of pro­ cooperative association is authorized to § 943.94 Payments out of the pro­ ducer milk received from such producer collect payments, an amount equal to ducer-settlement fund. On or before at a pool plant (s) during the immedi­ the sum of the individual payments the 14th day after the end of the month ately preceding base-forming period of otherwise payable to such producers. during which the milk was received, the October 1955 through January 1956 and Such payment shall be acompanied by market administrator shall pay to each September through December, there­ a statement showing for each producer handler, including a cooperative associa­ after, by the number of days from the the items required to be reported pur­ tion which is a handler, the amount, if first day for which such producer made suant to § 943.31. any, by which the value of the milk re­ deliveries during such period to the last (d) On or before the 13th day after ceived by such handler from producers day of such period, less the number of the end of the month each handler shall during the month as determined pur­ days for which no deliveries are made, pay to each cooperative association suant to § 943.70 is less than the amount or by 90 through January 1956 and by which is also a handler for milk received required to be paid producers by such 112 thereafter, whichever is more. from it not less than the value of such handler pursuant to § 943.90: Provided, § 943.81 Base rules, (a) Subject to milk as classified pursuant to § 943.44 That if the balance in the producer- the provisions of paragraph (b) of this (a) at the applicable respective class settlement fund is insufficient to make all section, the market administrator shall prices, including differentials prescribed payments pursuant to this paragraph, by the order. the market administrator shall reduce assign a base as calculated pursuant to uniformly such payments and shall § 943.80 to each person for whose ac­ § 943.91 Butterfat and location differ­ complete such payments as soon as the count producer milk was delivered to entials to producers, (a) In making necessary funds are available: And pro­ pool plants during the base-forming payments pursuant to § 943.90 (a) or vided further, That any amount due a period; (c), there shall be added to, or subtracted handler pursuant to this section may be (b) An entire base shall be trans­ from the uniform price for each one- reduced by the amount of any unpaid ferred from a person holding such base tenth of one percent that the average balances due the market administrator to any other person effective as of the butterfat content of the milk received from such handler pursuant to §§ 943.93, beginning of the month next following from the producer is above or below 4.0 943.95, 943.96 or 943.97. the receipt by the market administrator percent, an amount determined from the of an application for such transfer, such simple average, as computed by the mar­ § 943.95 Adjustment of accounts—(a) application to be on forms approved by ket administrator, of the daily wholesale Payments. Whenever verification by the the market administrator and signed by selling prices per pound (using the mid­ market administrator of any handler’s the baseholder, or his heirs, or assigns point of any price range as one price) reports, books, records, accounts or pay­ and by the person to whom such base is of Grade A (92-score) bulk creamery ments discloses errors resulting in money to be transferred: Provided, That if a butter at Chicago, as reported by the due: base is held jointly, the entire base shall Department during the month, according (1) The market administrator from be transferable only upon the receipt of to the following table: such handler; such application signed by all joint hold­ Butterfat (2) Such handler from the market ers or their heirs, or assigns. differential administrator; or Butter price: (cents) (3) Any producer or cooperative as­ § 943.90 Time and method of pay­ 20.0- 29.99 cents______—------3 ment. Each handler shall make pay­ 30.0- 39.99 cents______——- —- 4 sociation from such handler, the mar­ ment as follows: 40.0- 49.99 cents______5 ket administrator shall promptly notify (a) On or before the 15th day after 50.0- 59.99 cents_____ - ______6 such handler of any amount so due and the end of thé month during which the 60.0- 69.99 cents______- 7 payment thereof shall be made on or 7292 RULES AND REGULATIONS

before the next date for making pay­ dler’s last known address, and it shall termination of any or all provisions of ments set forth in the provisions under contain but need not be limited to, the this subpart, there are any obligations which such error occurred. following information: thereunder, the final accrual or ascer­ (b) Overdue accounts. Any unpaid Cl) The amount of the obligation; tainment of which requires further acts obligation of a handler or of the market (2) The month(s) during which the by any person (including the market administrator pursuant to §§ 943.90, milk, with respect to which the obliga­ administrator), such further acts shall 943.93, 943.94, 943.96, 943.97 or paragraph tion exists, was received or handled; and, be performed notwithstanding such sus­ (a) of this section shall be increased (3) If the obligation is payable to one pension or termination. one-half of one percent on the first day or more producers or to an association of the calendar month next following of producers, the name of such pro­ § 943.103 Liquidation. Upon the sus­ the due date of such obligation and, on ducer (s) or association of producers, or pension or termination of the provisions the first day of each calendar month if the obligation is payable to the market of this subpart, except this section, the thereafter until such obligation is paid. administrator, the account for which it market administrator, or such other § 943.96 Marketing services, (a) Ex­ is to be paid. liquidating agent as the Secretary may cept as set forth in paragraph (b) of (b) If a handler fails or refuses, with designate, shall, if so directed by the this section, each handler, in making respect to any obligation under this sub­ Secretary, liquidate the business of the payments to producers (other than him­ part, to make available to the market market administrator’s office, dispose of self) pursuant to § 943.90, shall deduct administrator or his representatives all all property in his possession or control .5 cents per hundredweight or such books and records required by this sub­ including accounts receivable, and exe­ amount not exceeding 5 cents per hun­ part to be made available, the market cute and deliver all assignments or other dredweight as may be prescribed by the administrator may, within the two-year instruments necessary or appropriate to Secretary, and shall pay such deductions period provided for in paragraph (a) of effectuate any such disposition. If a to the market administrator on or before this section, notify the handler in writing liquidating agent is so designated, all as­ the 15th day after the end of each month. of such failure or refusal. If the market sets, books, and records of the market Such moneys shall be used by the mar­ administrator so notifies a handler, the administrator shall be transferred ket administrator to sample, test, and said two-year period with respect to such promptly to such liquidating agent. If, check the weights of milk received and obligation shall not begin to run until upon such litigation, the funds on hand to provide producers with market infor­ the first day of the calendar month exceed the amounts required to pay out­ mation. following the month during which all standing obligations of the office of the (b) In the case of producers for whom such books and records pertaining to market administrator and to pay neces­ a cooperative association is actually per­ such obligation are made available to sary expenses of liquidation and distri­ forming the services set forth in para­ the market administrator or his repre­ bution, such excess shall be distributed graph (a) of this section, each handler sentatives. to contributing handlers and producers shall make, in lieu of the deduction spec­ (c) Notwithstanding the provisions of in an equitable manner. ified in paragraph (a) of this section, paragraphs (a) and (b) of this section, MISCELLANEOUS PROVISIONS such deductions from the payments to a handler’s obligation under this subpart be made to such producers as may be to pay money shall not be terminated § 943.110 Agents. The Secretary authorized by the membership agree­ with respect to any transaction involv­ may, by designation in writing, name ment or marketing contract between ing fraud or willful concealment of a fact any officer or employee of the United such cooperative association and such material to the obligation, on the part States to act as his agent or representa­ producers and on or before the 15th day of the handler against whom the obliga­ tive in connection with any of the provi­ after the end of each month pay such tion is sought to be imposed. sions of this subpart. deduction to the cooperative association (d) Any obligation on the part of the § 943.111 Separability of provisions. rendering such services, accompanied by market administrator to pay a handler If any provision of this subpart or its a statement showing the quantity of any money which such handler claims application to any person or circum­ milk for which such deduction was com­ to be due him under the terms of this stances, is held invalid, the application puted for each such producer. subpart shall terminate two years after of such provision and the remaining pro­ the end of the calendar month during visions of this subpart to other persons § 943.97 Expenses of administration. which the milk involved in the claim was or circumstances, shall not be affected As his pro rata share of the expense of received if an underpayment is claimed, thereby. administration of this subpart, each or two years after the end of the calendar handler shall pay to the market admin­ month during which the payment (in­ Issued at Washington, D. C. this 28th istrator on or before the 15th day after cluding deduction or set-off by the mar­ day of September 1955, to be effective the end of the month 4 cents per hun­ ket administrator) was made by the on and after October 1, 1955. dredweight, or such amount not exceed­ handler if a refund on such payment is [seal] Earl L. Butz, ing 4 cents per hundredweight as the claimed, unless such handler, within the Assistant Secretary. Secretary may prescribe, with respect to applicable period of time, files, pursuant all receipts within the month of (a) to section 8 (c) (15) (A) of the act, a [P. R. Doc. 55-7944; Piled, Sept. 29, 1955; other source milk which is allocated to petition claiming such money. 8:53 a. m.] Class I milk pursuant to § 943.46 and (b) milk from producers (including such EFFECTIVE TIME, SUSPENSION OR handler’s own production). TERMINATION [Docket No. AO 232-A4] § 943.98 Termination of obligation. § 943.100 Effective time. The provi­ The provisions of this section shall apply sions of this subpart or any amendment P art 949—Handling of Milk in the San hereto shall become effective at such Antonio, T exas, Marketing Area to any obligation under this subpart for time as the Secretary may declare and the payment of money. shall continue in force until suspended ORDER AMENDING THE ORDER, AS AMENDED, (a) The obligation of any handler to or terminated pursuant to § 943.101. REGULATING THE HANDLING OF MILK IN pay money required to be paid under the THE SAN ANTONIO, TEXAS, MARKETING terms of this subpart shall, except as § 943.101 Suspension or termination. AREA provided in paragraphs (b) and (c) of The Secretary may suspend or terminate this section, terminate two years after this subpart or any provision of this sub­ § 949.0 Findings and determinations. the last day of the calendar month dur­ part whenever he finds this subpart or The findings and determinations herein­ ing which the market administrator re­ any provision hereof obstructs or does after set forth are supplementary and ceives the handler’s utilization report on not tend to effectuate the declared policy in addition to the findings and deter­ the milk involved in such obligation, of the act. This subpart shall terminate minations previously made in connec­ unless within such two-year period the in any event whenever the provisions of tion with the issuance of the aforesaid market administrator notifies the han­ the act authorizing it cease to be in order and each of the previously issued effect. amendments thereto; and all of the said dler in writing that such money is due previous findings and determinations and payable. Service of such notice shall § 943.102 Actions after suspension or are hereby ratified and affirmed, except be complete upon mailing to the han- termination. If, upon the suspension or insofar as such findings and determina- Friday, September 30, 1955 FEDERAL REGISTER 7293 tions may be in conflict with the findings which is marketed within the San An­ (c) of this section, each handler shall and determinations set forth herein. tonio, Texas, marketing area) or more make payment to each producer for milk (a) Findings upon the basis of the than 50 percent of the milk which is received from such producer as follows: hearing record. Pursuant to the provi­ marketed within the said marketing (a) On or before the last day of each sions of the Agricultural Marketing area, refused or failed to sign the pro­ month, for milk received during the first Agreement Act of 1937, as amended (7 posed marketing agreement regulating 15 days of such month at not less than U. S. C. 601 et seq.), and the applicable the handling of milk in the said market­ the price per hundredweight for Class n rules of practice and procedure, as ing area, and it is hereby further deter­ milk for the preceding month; amended, governing the formulation of mined that: (b) On or before the 15th day after marketing agreements and marketing (1) The refusal or failure of such the end of the month during which the orders (7 CFR Part 900), a public hear­ handlers to sign said proposed market­ milk was received at not less than the ing was held upon proposed amend­ ing agreement tends to prevent the ef­ uniform price per hundredweight com­ ments to the tentative marketing agree­ fectuation of the declared policy of the puted for such month pursuant to ment and to the order, as amended, act; § 949.71 subject to the following adjust­ regulating the handling of milk in the (2) The issuance of the order amend­ ments: (1) The butterfat differential San Antonio, Texas, marketing area. ing the order, as amended, is the only pursuant to § 949.81, (2) the payment practical means, pursuant to the de­ made pursuant to paragraph (a) of this Upon the basis of the evidence intro­ section, (3) marketing service deductions duced at such hearing and the record clared policy of the act, of advancing the interests of producers of milk which is pursuant to § 949.86, and (4) proper thereof, it is found that: produced for sale in the said marketing deductions authorized by such producer: (1) The said order, as amended, and area; and Provided, That if by such date such han­ as hereby further amended, and all the (3) The issuance of this order amend­ dler has not received full payment pur­ terms and conditions of said order, as ing the order, as amended, is approved suant to § 949.84, he may reduce his total amended, and as hereby further or favored by at least two-thirds of the payment to all producers pro rata by not amended, will tend to effectuate the de­ producers who, during the determined more than the amount of reduction in clared policy of the act; representative period (July 1955), were payments from the market administra­ (2) The parity prices of milk produced engaged in the production of milk for tor; he shall, however, complete such for sale in the said marketing area as sale in the said marketing area. payments pursuant to this paragraph determined pursuant to section 2 of the not later than the date for making such act are not reasonable in view of the ORDER RELATIVE TO HANDLING payments next following receipt of the price of feeds, available supplies of feeds It is therefore ordered, That on and balance due from the market adminis­ and other economic conditions which after the effective date hereof, the han­ trator; affect market supply of and demand for dling of milk in the San Antonio, Texas (c) (1) Upon receipt of a written re­ such milk, and the minimum prices spec­ marketing area shall be in conformity quest from a cooperative association ified in the order, as amended, and as to and in compliance with the terms and which the market administrator deter­ hereby further amended, are such prices conditions of the aforesaid order, as mines is authorized by its members to as will reflect the aforesaid factors, in­ amended, and as hereby further collect payment for their milk and re­ sure a sufficient quantity of pure and amended, as follows: ceipt of a written promise to reimburse wholesome milk and be in the public in­ 1. Delete the proviso in § 949.7 and the handler the amount of any actual terest; and substitute therefor the following: “Pro­ loss incurred by him because of any im­ (3) The said order, as amended, and vided, That a pool plant shall include any proper claim on the part of the cooper­ as hereby further amended, regulates plant approved by the appropriate health ative association each handler shall pay the handling of milk in the same manner authority to supply milk for distribution to the cooperative association on or be­ as and is applicable only to persons in the as Grade A milk in the marketing area fore the 26th and 13th day of each respective classes of industrial and com­ if such plant is operated by a cooperative month, in lieu of payments pursuant to mercial activity specified in a marketing association and 75 percent or more of paragraphs (a) and (b) respectively, of agreement upon which a hearing has the producer milk from members of such this section an amount equal to the sum been held. association is received during the month of the individual payments otherwise (b) Additional findings. It is neces­ at the pool plants of other handlers or is payable to such producers. The fore­ sary in the public interest to make this transferred to such plants from the plant going payment shall be made with re­ order amending the order, as amended, of the cooperative association.” spect to milk of each producer whom effective not later than October 1, 1955. 2. In § 949.46 (a), delete subparagraph the cooperative association certifies is a Any delay beyond that date will seriously (4) and substitute therefor the follow­ member effective on and after the first threaten the orderly marketing of milk ing: day next following receipt of such cer­ in the San Antonio, Texas, marketing tification through the last day of the area. (4) Subtract from the pounds of skim month next preceding receipt of notice The provisions of the said order are milk in Class I milk the pounds of skim from the cooperative association of a known to handlers. The decision of milk received from a rionpool plant in termination of membership or until the the Assistant Secretary containing all the form of packaged Class I products original request is rescinded in writing amendment provisions of this order was which are not in excess of the pounds of by the cooperative association. issued September 23,1955. The changes skim milk transferred to such plant from (2) A copy of each such request, affected by this order will not require the pool plant of the handler in fluid promise to reimburse and certified list extensive preparation or substantial form and classified as Class I milk. of members shall be filed simultaneously alteration in method of operation for 3. Delete §§ 949.51 and 949.52 and sub­ with the market administrator by the handlers. In view of the foregoing, it stitute therefor the following: cooperative association and shall be sub­ is hereby found and determined that § 949.51 Class I milk. The Class I ject to verification at his discretion, good cause exists for making this order milk price shall be the price for Class I through audit of the records of the co­ amending the order, as amended, effec­ operative association pertaining thereto. tive October 1, 1955, and that it would milk established under Federal Order No. 43 regulating the handling of milk in the Exceptions, if any, to the accuracy of be contrary to the public interest to North Texas marketing area plus 42 such certification by a producer claimed delay the effective date of this amend­ to be a member, or by a handler, shall ment for 30 days after its publication in cents. be made by written notice to the market the Federal R egister. (See Sec. 4 (c) 4. Renumber §§ 949.53, 949.54 and administrator and shall be subject to his Administrative Procedure Act; 5 U. S. C. 949.55 and all references to them wher­ determination. 1001 et seq.) ever they appear in the order to read (d) In making the payments to pro­ (c) Determinations. It is hereby de­ “§§ 949.52, 949.53 and 949.54”, respec­ ducers pursuant to paragraphs (b) and termined that handlers (excluding co­ tively. (c) of this section each handler shall operative associations of producers who 5. Delete § 949.80 and substitute the furnish each producer or cooperative as­ are not engaged in processing, distribut­ following therefor: sociation from whom he has received ing or shipping milk covered by this § 949.80 Time and method of pay­ milk with a supporting statement which order amending the order, as amended, ment. Except as provided in paragraph shall show: 7294 RULES AND REGULATIONS

(1) The month for which payment is act are not reasonable in view of the ORDER RELATIVE TO HANDLING made and the identity of the handler price of feeds, available supplies of feeds and of the producer; and other economic conditions which It is therefore ordered, that on and (2) The total pounds and average affect market supply of and demand for after the effective date hereof, the han­ butterfat test of milk received from such such milk, and the minimum prices dling of milk in the Austin-Waco, Texas, producer; specified in the order, as amended, and marketing area shall be in conformity (3) The minimum rate or rates at as hereby further amended, are such to and in compliance with the terms and which payment to such producer is re­ prices as will reflect the aforesaid fac­ conditions of the aforesaid order, as quired ; tors, insure a sufficient quantity of pure amended, and as hereby further amend­ (4) The rate which is used in making and wholesome milk and be in the public ed, as follows: the payment, if such rate is other than interest; and 1. Delete § 952.44 (a) and substitute the applicable minimum rate; (3) The said order, as amended, andtherefor the following: (5) The amount or the rate per hun­ as hereby further amended, regulates (a) In the classification indicated by dredweight of each deduction claimed by the handling of milk in the same manner both handlers in their reports submitted the handler, together with a description as and is applicable only to persons in for the month to the market adminis­ of the respective deductions; and the respective classes of industrial and trator pursuant to § 952.30 if transferred (6) The net amount of payment to commercial activity specified in a mar­ in the form of products designated as such producer. keting agreement upon which a hearing Class I milk in § 952.41 (a) (1) to a fluid (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. has been held. milk plant of another handler, except a 608c) (b) Additional findings. (1) It is producer-handler: Provided, That the necessary in the public interest to make percentage of the total quantities of skin) Issued at Washington, D. C., this 28th this order amending the order, as milk and butterfat, respectively, in prod­ day of September 1955, to be effective on amended, effective not later than Oc­ ucts thus transferred and assigned to and after October 1, 1955. tober 1, 1955. Any delay beyond that Class I milk shall not be greater than the [seal] Earl L. Butz, date will seriously threaten the orderly percentage of skim milk and butterfat in Assistant Secretary. marketing of milk in the Austin-Waco, producer milk classified as Class I milk [F. R. Doc. 55-7945; Filed, Sept. 29, 1955; Texas, marketing area. in the plant of the transferee handler: 8:53 a. m.] (2) The provisions of the said order And provided further, That if either or are known to handlers. The decision of both handlers have other source milk the Assistant Secretary containing all during the month, the skim milk or but­ amendment provisions of this order was terfat so transferred shall be classified [Docket No. AO 252-A1] issued September 23,1955. The changes at both plants so as to allocate the • affected by this order will not require greatest possible Class I utilization to the Part 952—Handling op M ilk in the extensive preparation or substantial producer milk of both handlers. Austin-W aco, T exas, Marketing Area, alteration in method of operation for 2. In § 952.50 delete “45 cents” and ORDER AMENDING THE ORDER, AS AMENDED, handlers. In view of the foregoing, it substitute therefor “38 cents.” REGULATING THE HANDLING OP MILK IN is hereby found and determined that 3. Delete § 952.53 and substitute there­ THE AUSTIN-WACO, TEXAS, MARKETING good cause exists for making this order for the following: AREA amending the order, as amended, effec­ § 952.0 Findings and determinations. tive October 1, 1955 and that it would be § 952.53 Location adjustments to han­ The findings and determinations herein­ contrary toi the public interest to delay dlers. For that milk which is received after set forth are supplementary and in the effective date of this amendment for from producers at a fluid milk plant addition to the findings and determina­ 30 days after its publication in the F ed­ located outside of Zone I and classified eral R egister. (See Sec. 4 (c) Admin­ as Class I milk the price specified in tions previously made in connection with istrative Procedure Act, 5 U. S. C. 1001 § 952.50 shall be reduced 1.5 cents for the issuance of the aforesaid order and et seq.). each 10 miles or fraction thereof by the each of the previously issued amend­ (c) Determinations. It is hereby de­ straight line distance as determined by ments thereto; and all of the said pre­ termined that handlers (excluding co­ the market administrator that the vious findings and determinations are operative associations of producers who County Court House of the county in hereby ratified and affirmed, except inso­ are not engaged in processing, distribut­ which such plant is located is from the far as such findings and determinations ing or shipping milk covered by this or­ County Court House in New Braunfels, may be in conflict with the findings and der amending the order, as amended, Texas. determinations set forth herein. which is marketed within the Austin- (a) Findings upon the basis of the 4. Add a new section to read as fol­ Waco, Texas, marketing area) of more lows: hearing record. Pursuant to the pro­ than 50 percent of the milk which is visions of the Agricultural Marketing marketed within the said marketing § 952.54 Use of equivalent prices. If Agreement Act of 1937, as amended <7 area, refused or failed to sign the pro­ for any reason a price quotation required U. S. C. 601 et seq.), and the applicable posed marketing agreement regulating by this order for computing class prices rules of practice and procedure, as the handling of milk in the said market­ or for other purposes is not available in amended, governing the formulation of ing area, and it is hereby further deter­ the manner described, the market ad­ marketing agreements and marketing mined that: ministrator shall use a price determined orders (7 CFR Part 900), a public hearing ( 1 ) The refusal or failure of such han­ by the Secretary to be equivalent to the was held upon proposed amendments to dlers to sign said proposed marketing price which is required. the tentative marketing agreement and agreement tends to prevent the effectu­ 5. Delete § 952.92 and substitute there­ to the order, as amended, regulating the ation of the declared policy of the act; handling of milk in the Austin-Waco, for the following: (2) The issuance of the order amend­ Texas, marketing area. Upon the basis ing the order, as amended, is the only § 952.92 Location differential to pro­ of the evidence introduced at such hear­ practical means, pursuant to the de­ ducers. In making payment to producers ing and the record thereof, it is found pursuant to § 952.90, the uniform price that: clared policy of the act, of advancing the interests of producers of milk which and the base price to be paid for pro­ (1) The said order, as amended, and as is produced for sale in the said market­ ducer milk received at a fluid milk plant hereby further amended, and all the ing area; and located outside of Zone I shall be reduced terms and conditions of said order, as (3) The issuance of this order amend­ 1.5 cents for each 10 miles or fraction amended, and as hereby further ing the order, as amended, is approved thereof by the straight line distance as amended, will tend to effectuate the de­ or favored by at least three-fourths of determined by the market administrator clared policy of the act; the producers who, during the deter­ that the County Court House of the (2) The parity prices of milk produced mined representative period (July 1955), county in which such plant is located is for sale in the said marketing areas as were engaged in the production of milk; from the County Court House in New determined pursuant to section 2 of the for sale in the said marketing area. Braunfels, Texas. Friday, September 30, 1955 FEDERAL REGISTER 7295 (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. tee, whichever is earlier, and (b) Part II quired by § 41.50 of the Civil Air Regula­ 608c) of Form ACP-69 is executed and is filed tions. Issued at Washington, D. C., this 28th in the county office prior to the time the PAA based its request on the following day of September 1955, to be effective payment covered by the assignor’s appli­ considerations: PAA plans to start oper­ on and after October 1, 1955. cation for payment is approved by the ations over this route using B-377 air­ county committee.” craft on September 26, 1955; under the [seal] E arl L. Butz, (Sec. 4, 49 Stat. 164; 16 U. S. C. 590d. Inter­ present requirements of Part 41 it would Assistant Secretary. pret or apply sec. 8, 49 Stat. 1150, as be necessary for PAA to qualify 44 pilots [F. R. Doc. 55-7943; Piled, Sept. 29, 1955; amended; 16 U. S. C. 59Oil) and 12 check pilots over routes and into 8:53 a. m.j airports for the Manila-Saigon-Singa- Done at Washington, D. C., this 27th pore-Manila route; aside from the eco­ day of September 1955. nomic factor required for movement of [seal] E. L. P eterson, this pilot group, the time element would Chapter XI— Agricultural Conserva­ Assistant Secretary. be excessive, requiring eight months; tion Program Service, Department [F. R. Doc. 55-7912; Filed, Sept. 29, 1955; PAA has developed a comprehensive 8:51 a. m.] training program based on the use of of Agriculture color motion pictures including clear Part 1110—Assignment of P ayment daylight views of the complete physical TITLE 14— CIVIL AVIATION layout of the airports, surrounding ter­ CHANGE IN PERIOD OF TIME FOR EXECUTING rain, obstructions, approaches to all run­ AND FILING ASSIGNMENTS Chapter I— Civil Aeronautics Board ways, restricted areas, and conspicuous Pursuant to the authority vested in [Reg. No. SR-413] reference points that are of value to the the Secretary of Agriculture under sec­ pilot; these films will also include a run­ tion 8 of the Soil Conservation and Do­ P art 41—Certification and Operation ning narrative of various conditions mestic Allotment Act, as amended, the R ules for S cheduled Air Carrier pertinent to airport familiarization; an Assignment of Payment Regulations, O perations Outside the Continental anamorphic lens will be used for wide­ approved August 30, 1955 (20 P. R. 6511) L im its of the U nited S tates screen projections; in addition to view­ are amended as follows: SPECIAL CIVIL AIR REGULATION; REQUIRE­ ing motion pictures, each pilot will be Section 1110.7 is amended by striking MENTS FO PILOT ROUTE QUALIFICATION required to complete successfully a writ­ out in the first sentence the language ten and oral examination on the subjects “application for payment is made by Adopted by the Civil Aeronautics listed in Draft Release No. 55-3 with re­ the assignor” and inserting in lieu Board at its office in Washington, D. C., spect to the route to be flown, including thereof the language “the payment on the 23d day of September 1955. demonstration to a check pilot in a flight covered by the assignor’s application Section 41.50 of Part 41 of the Civil simulator of his ability to fly the holding for payment is approved by the county Air Regulations provides in part that a and instrument approach procedure for committee”. pilot in qualifying over a route shall make each required airport; PAA’s check pilots Section 1110.8 is amended by striking at least one round trip or two one-way in cooperation with the Civil Aeronautics out in the first and second sentences the trips over the route, including a familiar­ Administration will monitor the effec­ language “application for payment is ization flight at each regular, provisional, tiveness of this method of airport and made by the assignor” wherever it ap­ or refueling airport, with one of the air route qualifications by periodic spot pears and inserting in lieu thereof the carrier’s check pilots. checking over the route. language “the payment covered by the On January 20, 1955, the Bureau of The Administrator of Civil Aeronau­ assignor’s application for payment is Safety Regulation published Civil Air tics has cooperated with PAA in the de­ approved by the county committee”. Regulations Draft Release No. 55-3, velopment of its proposed qualification Section 1110.16 (d) is amended (a) by “Scheduled Air Carrier Pilot Airport program and is actively interested in striking out in the second sentence the Qualification Without Prior Take-Off exploring fully the possibilities offered language “at the time or immediately and Landing.” This proposal was con­ by this new medium of airport qualifica­ prior to the time the application for pay­ cerned with the over-all problems of pilot tion. The Board has also been advised ment is signed by the assignor” and in­ airport and route qualification. Consid­ that the pilots to serve in the proposed serting in lieu thereof the language erable emphasis was placed, in partic­ operations consider that they are not in “prior to the time the payment covered ular, on recent developments of motion a position either to concur or disagree by the assignor’s application for pay­ picture panoramic views of airports and with PAA’s proposed qualification-pro­ ment is approved by the county com­ their environs which showed excellent cedures without operational evaluation. mittee”; and (b) by striking out in the promise of providing an effective means The Board is appréciative of the pilots’ third sentence the language “application for insuring pilot airport qualification. prudence in this respect, but is confident for the payment assigned is being pre­ The objective of this draft release was that the pilots will cooperate fully with pared” and inserting in lieu thereof described in the preamble in part as fol­ CAA, CAB, and PAA in the search for “payment covered by the assignor’s ap­ lows: “The Bureau is of the opinion that, less burdensome means of airport route plication for payment is being approved with necessary safeguards, the regula­ qualification. In fact, the Board has by the county committee”. tions should be amended in a manner been advised that procedures have been Section 1110.17 is amended by revising that will encourage further research and agreed upon by PAA, CAA, and the pilots tiie first sentence to read as follows: development of the visual training aids whereby the first eight pilots who are “When the indebtedness in respect of program by various commercial sources qualified for the Manila-Saigon-Singa­ which an assignment was given is fully and at the same time provide more ac­ pore route by pictorial means will be ac­ paid or otherwise discharged prior to the ceptable airport qualification rules for companied by a check pilot on their time the payment covered by the as­ use in the meantime. Accordingly, it initial scheduled trip. An evaluation of signor’s application for payment is ap­ would seem appropriate to permit meth­ these trips will be made prior to the Ad­ proved by the county committee, the ods of airport qualification other than ministrator’s endorsement of any means assignee shall forthwith execute Part III physical entry, provided that such alter­ of airport qualification other than those of Form ACP-69 and file it in the county native methods have the approval of the required by § 41.50. office.” Administrator.” Response to the draft PAA’s program will provide a timely Section 1110.19 is amended by revising release was generally favorable. opportunity for evaluation of a pictorial the first sentence to read as follows: “An During consideration of the comment means of airport and route qualification assignment shall not be recognized by in response to Draft Release No. 55-3, by industry and government alike. The Uie United States unless (a) Part I of Form ACP-69 is executed and is filed in Pan American World Airways, Inc. Board is of the opinion that a Special the county office on or prior to the clos­ (PAA) petitioned the Board to permit Civil Air Regulation is the appropriate ing date of the program for the county, qualification of pilots in command com­ vehicle for permitting the controlled in­ w prior to the time the payment covered mencing September 26, 1955, on the troduction of the new techniques. This by the assignor’s application for pay­ Manila-Saigon-Singapore route by method will permit PAA, with the Ad­ ment is approved by the county commit- means other than those presently re- ministrator’s approval, to proceed with 7296 RULES AND REGULATIONS

its plans and will also permit other car­ the center line of the route to be flown, the the Miami, Fla., radio range station via riers to request of the Administrator pilot shall be familiarized with such route by the intersection of the north course of similar approval should they be in the not less than two one-way trips as pilot or the Fort Myers, Fla., radio range and the position to do so. It should be noted additional member of the crew over the route under VPR weather conditions to per­ southeast course of the Tampa, Fla., that this regulation will not relieve any mit the qualifying pilot to observe terrain radio range to the Tampa, Fla., radio air carrier of the responsibility of show­ along the route. range station. ing that each pilot in command is thoroughly qualified for the routes and This regulation shall terminate Sep­ 7. Section 600.603 is amended by airports which he is scheduled to serve. tember 23,1956, unless sooner superseded changing caption to read: “Blue civil air­ Nothing in this regulation should be con­ or rescinded by the Board. way No. 3 (Miami, Fla., to Sault Ste, strued to prejudice final action by the (Sec. 205, 52 Stat. 984, as amended; 49 U. S. C. Marie, Mich.), and by adding a first por­ Board on the proposals presented in 425. Interprets or applies secs. 601, 604, 52 tion to read: “From the Miami, Fla., Draft Release No. 55-3. Stat. 1007, 1010, as amended; 49 U. S. C. 551, radio range station via the intersection Interested persons have been afforded 554) of the west course of the Miami, Fla., an opportunity to participate in the mak­ By the Civil Aeronautics Board. radio range and the southeast course of ing of this regulation, and due considera­ the Fort Myers, Fla., radio range; Fort tion has been given to all relevant matter [seal] M. C. M ulligan, Myers, Fla., radio range station; the in­ presented. Since it imposes no addi­ Secretary. tersection of the north course of the Fort tional burden on any person, this reg­ [F. R. Doc. 55-7914; Piled, Sept. 29, 1955; Myers, Fla., radio range and the south­ ulation may be made effective without 8:52 a. m.] east course of the Tampa, Fla., radio prior notice. range; Tampa, Fla., radio range station; In consideration of the foregoing, the the intersection of the north course of Civil Aeronautics Board hereby makes the Tampa, Fla., radio range and the and promulgates the following Special Chapter II— Civil Aeronautics Admin­ southeast course of the Cross City, Fla., Civil Air Regulation, effective September istration, Department of Commerce radio range; Cross City, Fla., radio range 23, 1955. station to the intersection of the north­ [Arndt. 62] west course of the Cross City, Fla., radio Contrary provisions of Part 41 of the Civil P art 600—D esignation op Civil Airways range and the east course of the Talla­ Air Regulations nothwithstanding, an air hassee, Fla., radio range.” carrier conducting scheduled operations out­ ALTERATIONS side the continental limits of the United 8. Section 600.613 Blue civil airway No. States may, subject to the approval of the The civil airway alterations appearing 13 (Houston, Tex., to Des Moines, Iowa), Administrator, comply with the following hereinafter have been coordinated with is amended by changing the name of the provisions in lieu of the provisions of § 41.50 : the civil operators involved, the Army, facility “Van Buren, Ark., nondirectional (a) The air carrier shall be responsible the Navy and the Air Force, through the radio beacon” to read “Fort Smith, Ark., that each pilot in command is thoroughly nondirectional radio beacon.” qualified for the route over which he is to Air Coordinating Committee, Airspace fly aircraft in scheduled air transportation Panel, and are adopted to become effec­ 9. Section 600.622 Blue civil airway as a pilot in command. An air carrier shall tive when indicated in order to promote No. 22 (Memphis, Tenn., to Wichita, not utilize a piilot as pilot in command until safety. Compliance with the notice pro­ Kans.), is amended by changing the he has been qualified for the route on which cedures, and effective date provisions of name of facility “Van Buren, Ark., non­ he is to serve at least in accordance with section 4 of the Administrative Procedure directional radio beacon” to read: “Fort paragraphs (b), (c), and (d) of this regula­ Act would be impracticable and contrary Smith, Ark., nondirectional radio bea­ tion and the appropriate instructor or check con.” pilot has so certified. to public interest and therefore is not (b) Each such pilot shall demonstrate required. 10. Section 600.633 is amended to adequate knowledge concerning the subjects Part 600 is amended as follows: read: listed below with respect to the route to be 1. Section 600.107 Amber civil airway § 600.633 Blue civil airway No. 33 flown. Those portions of the demonstra­ No. 7 (Key West, Fla., to United States (Lansing, Mich., to Saginaw, Mich.). tion pertaining to holding procedures and Canadian Border) is amended by delet­ From the Lansing, Mich., radio range instrument approach procedures may be ac­ ing the portion which reads: “the inter­ complished in a synthetic trainer which con­ section of the north course of the West station to the Saginaw, Mich., nondirec­ tains the radio equipment and instruments tional radio beacon. necessary to simulate the navigational and Palm Beach, Fla., radio range and the letdown procedures approved for use by the southeast course of the Melbourne, Fla., 11. Section 600.639 Blue civil airway air carrier: radio range;” No. 39 (Savannah, Ga., to Elmira, N. Y.), (1) Weather characteristics, 2. Section 600.211 Red civil airway No. is amended by correcting the portion (2) Navigational facilities, 11 (Enid, Okla., to Boston, Mass.), is between the Tri-City, Tenn., radio range (3) Communication procedures, amended by changing the portion which station and the Charleston, W. Va., ra­ (4) Type of en route terrain and obstruc­ tion hazards, reads: “Vichy, Mo., radio range station dio range station to read: “From the (5) Minimum safe flight levels, to the intersection of the northeast Tri-City, Tenn., radio range station via (6) Position reporting points, course of the Vichy, Mo., radio range and the Paynesville, W. Va., nondirectional (7) Holding procedures, the west course of the St. Louis, Mo., radio beacon; the intersection of a line (8) Pertinent traffic control procedures, radio range.” to read: “Vichy, Mo., non- bearing 14° True from the Paynesville, and directional radio beacon to the inter­ W. Va., nondirectional radio beacon and (9) Congested areas, obstructions, physi­ section of a line bearing 52° True from the south course of the Charleston, cal layout, and all instrument approach pro­ cedures for each regular, provisional, and the Vichy nondirectional radio beacon W. Va., radio range to the Charleston, refueling airport approved for the route. and the west course of the St. Louis, Mo, W. Va., radio range station.” (c) Each such pilot shall make his initial radio range.” 12. Section 600.644 is amended to operation as a member of the flight crew at 3. Section 600.225 Red civil airway No. read: each regular, provisional, and refueling air­ 25 (Tallahassee, Fla., to Miami, Fla.), is port into which he is scheduled to fly. The revoked. § 600.644 Blue civil airway No. 44 qualifying pilot shall occupy a seat in the 4. Section 600.298 is amended to read: (Indianapolis, Ind., to United States- pilot compartment and shall be accompa­ Canadian Border). From the Indianap­ nied by a pilot who is qualified at the air­ § 600.298 Red civil airway No. 98, olis, Ind., radio range station via the port : Provided, That such operation shall not (Vichy, Mo., to Belleville, III.). From the intersection of the south course of the be required if the initial operation is made Vichy, Mo., nondirectional radio beacon Goshen, Ind., radio range and the south­ under VPR weather conditions: And pro­ to the Belleville, 111., Scott AFB radio west course of the Fort Wayne, Ind., vided further, That such operation shall not range station. be required if the air carrier shows that pilot radio range; Fort Wayne, Ind., radio airport qualification can be accomplished by 5. Section 600.301 Red civil airway No. range station to the intersection of the other means approved by the Administrator. 101 (Tampa, Fla., to Miami, Fla.), is northeast course of the Fort Wayne, Ind., (d) On routes on which navigation must revoked. radio range and the east course of the be accomplished by pilotage and on which . Section 600.601 is added to read: Goshen, Ind., radio range. F’rom the flight is to be conducted at or below the level 6 intersection of the north course of the of adjacent terrain which is within a hori­ § 600.601 Blue civil airway No. 1 Toledo, Ohio, radio range and the zontal distance of 25 miles on either side of (Miami, Fla., to Tampa, Fla.), From southwest course of the Windsor, Ont., Friday, September SO, 1955 FEDERAL REGISTER 7297 Canada, radio range to the intersection range station; Selinsgrove, Pa., omni­ 24. Section 600.6063 VOR civil airway of the southwest course of the Windsor, range station; Williamsport, Pa., omni­ No. 63 (McAlester, Okla., to Milwaukee, Ont., Canada, radio range and the range station; Elmira, N. Y., omnirange Wis.), is amended by deleting the follow­ United States-Canadian Border. station; intersection of the Elmira omni­ ing words: “Janesville omnirange 047' range 354° True and the Rochester omni­ True” and substituting the following 13. Section 600.6003 VOR civil airway range 130° True radials; to the Rochester, words: “Janesville omnirange 051° ¿Vo. 3 (Key West, Fla., to Presque Isle, N. Y., omnirange station. True”. Maine), is amended by deleting the fol­ 25. Section 600.6068 VOR civil airway lowing words, “Daytona Beach, Fla., 19. Section 600.6035 VOR civil airway No. 68 (Albuquerque, N. Mex., to Browns­ omnirange station, „ including a west No. 35 (Tallahassee, Fla., to Syracuse, ville, T ex), is amended by deleting the alternate;” and by adding the following N.Y.), is amended by changing all before following words: “Roswell, N. Mex., om­ words in lieu thereof, “Daytona Beach, the Tri-City, Tenn., omnirange station nirange station, including a north alter­ Fla., omnirange station*-” to read: “From the Tallahassee, Fla., nate!” and substituting the following 14. Section 600.6005 VOR civil airway omnirange station via the Albany, Ga., words in lieu thereof: “Roswell, N. Mex., No. 5 (Jacksonville, Fla., to Cleveland, omnirange station; Macon, Ga., omni­ omnirange station, including a north al­ Ohio), is amended by changing all be­ range station; Royston, Ga., omnirange ternate via the intersection of the Corona tween the Macon, Ga., omnirange station station; Asheville, N. C., omnirange sta­ omnirange 125° True and the Roswell and the Bowling Green, Ky., omnirange tion; Tri-City, Tenn., omnirange sta­ omnirange 335° True radials;” station to read: “Macon, Ga., omnirange tion;” and by adding a new last portion 26. Section 600.6083 is amended to station; intersection of the Macon omni­ to read: “The portion of this airway read: range 330° True and the Atlanta omni­ above 19,000 feet above mean sea level, range 102° True radials; Atlanta, Ga.» which lies within the Tyndall AFB Re­ § 600.6083 VOR civil airway No. 83 omnirange station; including a west stricted Area (R-336), is excluded daily (Carlsbad, N. Mex., to Santa Fe, N. Mex.). alternate from the Alma omnirange sta­ between sunset and sunrise.” From the Carlsbad, N. Mex., omnirange tion to the Atlanta omnirange station 20. Section 600.6039 VOR civil airway station via the Roswell, N. Mex., omni­ via the intersection of the Alma omni­ No. 39 (Danville/• Va., to Kennebunk, range station; Corona, N. Mex., omni­ range 305° True and the Atlanta omni­ Maine), is amended by changing the last range station, including an east alternate range 151° True radials; intersection of portion to read: “From the intersection via the intersection of the Roswell omni­ the Atlanta omnirange 352° True and of the Baltimore, Md., omnirange 015° range 335° True and the Corono omni­ the Chattanooga omnirange 152° True True and the Allentown, Pa., omnirange range 125' True radials; Otto, N. Mex., 228° True radials via the Allentown, Pa., omnirange station; to the Santa Fe, radials; Chattanooga, Tenn., omnirange N. Mex., omnirange station. station; Nashville, Tenn., omnirange omnirange station; Stroudsburg, Pa., station; Bowling Green, Ky., omnirange omnirange station; Poughkeepsie, N. Y., 27. Section 600.6097 is amended to station;” omnirange station; Gardner, Mass., read: omnirange station; Concord, N. H., omni­ 15. Section 600.6014 VOR civil airway § 600.6097 VOR civil airway No. 97 No. 14 (Roswell, N. Mex., to Boston, range station; to the Kennebunk, Maine, (Miami, Fla., to Minneapolis, Minn.). Mass.), is amended by changing all be­ omnirange station.” From the Miami, Fla., omnirange sta­ fore the Childress, Tex., omnirange sta­ 21. Section 600.6051 VOR civil airway tion via the Tampa, Fla., omnirange sta­ tion to read, “That airspace over United No. 51 (Miami, Fla.,- to Chicago, III.), is tion; Tallahassee, Fla., omnirange sta­ States territory from the Roswell, amended by changing all between the tion, including an east alternate from the N. Mex., omnirange station via the Lub­ Macon, Ga., omnirange station and the Tampa omnirange station to the Talla­ bock, Tex., omnirange station, including Louisville, Ky., omnirange station to hassee omnirange station via the inter­ a north alternate via the intersection of read: “Macon, Ga., omnirange station, section of the Tampa, omnirange 331° the Roswell omnirange 063° True and intersection of the Macon omnirange True and the Cross City omnirange 182' the Lubbock omnirange 276° True 330° True and the Atlanta omnirange True radials, the Cross City, Fla., omni­ radials; Childress, Tex., omnirange 102° True radials; Atlanta, Ga., omni­ range station and the intersection of the station;” range station, including a west alternate Cross City omnirange 287° True and the 16. Section 600.6019 VOR civil airway from the Alma omnirange station to the Tallahassee omnirange 150° True radi­ No. 19 (El Paso, Tex., to Great Falls, Atlanta omnirange station via the inter­ als; Albany, Ga., omnirange station; At­ Mont.), is amended by changing all be­ section of the Alma omnirange 305° True lanta, Ga., omnirange station; Knoxville, tween the Albuquerque, N. Mex., omni­ ¿md the Atlanta omnirange 151° True Tenn., omnirange station, including an range station and the Santa Fe, N. Mex., radials; intersection of the Atlanta om­ east alternate from the Atlanta omni­ omnirange station to read: “Albuquer­ nirange 352° True and the Chattanooga range station to the Knoxville omnirange que, N. Mex., omnirange station; inter­ omnirange 152° True radials; Chatta­ station via the Norcross, Ga., omnirange section of the Albuquerque omnirange nooga, Tenn., omnirange station; Cross- station and the intersection of the Nor- 025° True and the Santa Fe omnirange ville, Tenn., omnirange station; Louis­ cross omnirange 014° True and the 253° True radials; Santa Fe, N. Mex., ville, Ky., omnirange station;” Knoxville omnirange 175° True radials; omnirange station;” 22. Section 600.6054 is amended by Lexington, Ky., omnirange station; in­ 17. Section 600.6022 VOR civil airway changing the caption to read, “VOR tersection of the Lexington omnirange No. 22 (New Orleans, La., to Jacksonville, civil airway No. 54 (Texarkana, Ark., to 347° True and the Cincinnati omnirange Fla.), is amended by changing all after Charlotte, N. C.),” and by changing the 175° True radials; Cincinnati, Ohio, om­ the Marianna, Fla., omnirange station to last portion to read, “From the Chatta­ nirange station; Indianapolis, Ind., om­ read, “Marianna, Fla., omnirange sta­ nooga, Tenn., omnirange station via the nirange station, including an east and a tion; Tallahassee, Fla., omnirange sta­ Spartanburg, S. C., omnirange station; west alternate; intersection of the Indi­ tion, including a north alternate via the to the Charlotte, N. C., omnirange anapolis omnirange 342' True and the intersection of the Marianna'omnirange station.” Chicago Heights omnirange 140' True 094° True and the Tallahassee omni­ 23. Section 600.6056 VOR civil airway radials; Chicago Heights, 111., omnirange range 005° True radials; to the Jackson­ No. 56 (Montgomary, Ala., to Florence, station; intersection of the Chicago ville, Fla., omnirange station. Those S. C.), is amended by changing all after Heights omnirange 342° True and the portions of this airway above 19,000 feet the Columbia, S. C., omnirange station Janesville omnirange 107' True radials; above mean sea level, which lie within to read: “Columbia, S. C., omnirange Janesville, Wis., omnirange station; Lone the Tyndall AFB Restricted Area (R- station; to the Florence, S. C., omni­ Rock, Wis., omnirange station, including 336), are excluded daily between sunset range station; including a,north alter­ a west alternate via the intersection of and sunrise.” nate via the intersection of the Columbia the Janesville omnirange 282' True and 18. Section 600.6031 is amended to omnirange 003° True and the Florence the Lone Rock omnirange 161' True read:. omnirange 268° True radials. The por­ radials; La Crosse, Wis., omnirange sta­ tion; to the Minneapolis, Minn., omni­ § 600.6031 VOR civil airway No. 31 tions of this airway which overlap the (Baltimore, Md., to Rochester, N. Y .). Savannah River Airspace Reservation range station. The portions of this air- Prom the Baltimore, Md., omnirange (P-378) and the Fort Benning Restricted *' way above 19,000 feet above mean sea station via the Harrisburg, Pa,., omni- Area (R-129) are excluded.” level, which lie within the Tyndall AFB No. 191----- 3 7298 RULES AND REGULATIONS

Restricted Area (R-336) and the Tyn­ 34. Section 600.6171 VOR civil airway [Arndt. 62] dall AFB Warning Area (W-337) are ex­ No. 171 (Louisville, Ky., to Madison, cluded daily between sunset and sunrise. Wis.), is amended by deleting the fol­ P art 601.—D esignation op Control lowing words: “Janesville omnirange Areas, Control Zones, and R eporting 28. Section 600.6105 is amended to P oints read: 166° True radials;” and substituting the following words in lieu thereof: “Janes­ ALTERATIONS § 600.6105 VOR civil airway No. 105 ville omnirange 157°-True radials;” and The control area, control zone and (Phoenix, Ariz., to Las Vegas, Nev.). , by deleting the following words: “Janes­ reporting point alterations appearing From the Phoenix, Ariz., omnirange sta­ ville omnirange 331° True” and substi­ hereinafter have been coordinated with tion via the Prescott, Ariz., omnirange tuting the following words in. lieu the civil operators «involved, the Army, station to the Las Vegas, Nev., omni­ thereof: “Janesville omnirange 339° the Navy and the Air Force, through thè range station. True”. Air Coordinating Committee, Airspace 29. Section 600.6128 is amended by 35. Section 600.6177 VOR civil airway Panel, and are adopted to become effec­ changing the caption to read: “VOR civil No. 177 (Chicago, III., to Janesville, tive when indicated in order to promote airway No. 128 (Chicago, III., to New Wis.),, is amended by deleting the fol­ safety. Compliance with the notice, Bern, N. C.).” lowing words: “Janesville omnirange procedures, and effective date provisions 30. Section 600.6143 is amended to 122° True radials;” and substituting the of section 4 of the Administrative Proce­ read: following words in lieu thereof: “Janes­ dure Act would be impracticable and ville omnirange 114° True radials;” contrary to public interest and there­ § 600.6143 VOR civil airway No. 143 36. Section 600.6188 is amended to fore is not required. 0Charlotte, N. C., to Washington, D.C.). read: Part 601 is amended as follows: From the Charlotte, N. C., omnirange 1. Section 601.225 Red civil airway No. station via the Greensboro, N. C., omni­ § 600.6188 VOR civil airway No. 188 (Detroit, Mich., to New York, N. Y.). 25 control areas (Tallahassee, Fla., to range station, including a west alternate Miami, Fla.), is revoked. via the intersection of the Charlotte om­ From the Carleton, Mich., omnirange station via the Perry, Ohio, nondirec- 2. ^Section 601.301 Red civil airway No. nirange 359° True and the Greensboro 101 control areas (Tampa, Fla. to Miami, omnirange 238° True radials; to the tional radio beacon; Fitzgerald, Pa., omnirange station; Williamsport, Pa., Fla.), is revoked. Montebello, Va., omnirange station. 3. Section 601.601 is added to read: From the Front Royal, Va., omnirange omnirange station; via the Williamsport station to the point of intersection of the omnirange direct radial to the point of § 601.601 Blue civil airway No. 1 con­ Front Royal omnirange 087° True and intersection of the Allentown, Pa., omni­ trol areas (Miami, Fla., to Tampa, Fla.). the Washington, D. C., terminal omni­ range 329° True and the Wilkes-Barre- All of Blue civil airway No. 1. range 319° True radials. Scranton, Pa., omnirange 224° True ra­ dials; via the Stroudsburg omnirange 4. Section 601.603 is amended to read: 31. Section 600.6147 VOR civil air­ direct radial to the Stroudsburg, Pa., § 601.603 Blue civil airway No. 3\Con- way No. 147 (Allentown, Pa., to omnirange station; to the Caldwell, N. J.f trol areas (Miami, Fla., to Sault Ste. Rochester, N. Y., is amended by chang­ omnirange station. Marie, Mich.). All of Blue civil airway ing all after the Elmira, N. Y., omnirange No. 3. . station to read: “Elmira, N. Y., omni­ 37. Section 600.6194 is amended to range station; intersection of the Elmira read: 5. Section 601.633 is amended to read: omnirange 305° True and the Rochester § 600.6194 VOR civil airway No. 194 § 601.633* Blue civil airway No. 33 con­ omnirange 183° True radials; to the (Royston, Ga., to Boykins, Va.). From trol areas (Lansing, Mich., to Saginaw, Rochester, N. Y., omnirange station.” the point of intersection of the Royston Mich.). All of Blue civil airway No. 33. 32. Section 600.6153 is amended to omnirange 270° True and the Norcross, read: Ga., omnirange 054° True radials via the 6. Section 601.1010 is amended to read: § 600.6153 VOR civil airway No. 153 Royston, Ga., omnirange station; inter­ (.New York, N. Y., to Wilkes-Barre, Pa.) . section of the Royston omnirange 078° § 601.1010 Control area extension From the point of intersection of the True and the Charlotte omnirange 241° (Greenwood, S. C.). That airspace Caldwell, N. J„ omnirange 217° True and True radials; Charlotte, N. C., omnirange bounded on the south by a straight line the Stroudsburg omnirange 118° True station; to the Raleigh, N. C., omnirange from a point at Lat. 34°07'00", Long. - radials via the Stroudsburg, Pa., omni­ station. From the Rocky Mount, N. C., 82°15'00" to a point at Lat. 34°19'00”, range station; to the Wilkes-Barre- omnirange station via its direct radial Long. 81°38'00", on the east by Blue civil Scranton, Pa., omnirange station. to the point of intersection of the Law- airway No. 28, on the north by the renceville, Va., omnirange 116° True ra­ Greenville, S. C. (Greenville-Charlotte- 33. Section 600.6164 is amended to dial and the southwest course of the Greensboro) control area extension, on read: Waverly, Va., LF radio range! the west by Blue civil airway No. 39 to § 600.6164 VOR civil airway No. 164 38. Section 600.6198 is amended to point of beginning. (Bradford, Pa., to New York, N. Y.). read: 7. Section 601.1013 is amended to From the Bradford, Pa., omnirange sta­ § 600.6198 VOR civil airway No. 198 read: tion via the intersection of the Bradford (San Antonio, Tex., to Galveston, Tex.). omniradge 097° True and the Williams­ From the San Antonio, Tex., omnirange § 601.1013 Control area extension port omnirange 306° True radials; Wil­ station via the Eagle Lake, Tex., omni­ (Fort Myers, Fla.). Within 5 miles liamsport, Pa., omnirange station; via range station; to the Galveston, Tex., either side of the southwest and north­ the Williamsport omnirange direct ra­ omnirange station, including a north al­ east courses of the Fort Myers radio dial to the point of intersection of the ternate froni the San Antonio omnirange range extending from Blue civil airway Allentown, Pa., omnirange 329° True and station to the Galveston omnirange sta­ No. 1 on the northeast to a point 20 miles the Wilkes-Barre-Scranton, Pa., omni­ tion via the point of intersection of the southwest of the radio range station. range 224° True radials; via the Strouds­ Austin, Tex., omnirange 109° True and 8. Section 601.1036 Control area ex­ burg omnirange direct radial to the the College Station, Tex., omnirange tension (Vichy, Mo.), is revoked. Stroudsburg, Pa., omnirange station, in­ 202° True radials, thence via the Hous­ 9. Section 601,1125 is amended to cluding a south alternate from the Wil­ ton, Tex., omnirange station. read: liamsport omnirange station to the (Sec. 205, 52 Stat. 984, as amended; 49 U. S. C. Stroudsburg omnirange station via the 425. Interpret or apply sec. 302, 52 Stat. 985, § 601.1125 Control area extension intersection of the Williamsport omni­ as amended; 49 U. S. O. 452) (Tallahassee, Fla.). Within 5 miles range 125° True and the Stroudsburg either side of the south course of the This amendment shall become effec­ Tallahassee radio range extending from omnirange 270° True radials ;- to the tive 0001 e. s. t., October 6, 1955. point of intersection of the Stroudsburg the radio range station to a point 25 CsealI F. B. Lee, miles south, within 5 miles either side of omnirange 083° True and the Wilkes- Administrator of Civil Aeronautics. Barre-Scranton, Pa., omnirange 117° the Tallahassee (Dale Mabry) ILS True radials. [P. R. Doc. 55-7887; Piled, Sept. 29, 1955; localizer course extending from the 8^:45 a. m.] localizer to a point 30 miles southeast, Friday, September 30, 1955 FEDERAL REGISTER 7299 within 5 miles either Side of the 162° portion below 2,000 feet except that air­ 22. Section 601.1386 is added to read: True radial of the Tallahassee omnirange space which lies within the confines of § 601.1386 Control area extension extending from the omnirange station civil airways. (Orlando, Fla.). That airspace within to a point 20 miles southeast, and that 14. Section 601.1205 is amended to 5 miles either side of the 71° True radial airspace northwest of Tallahassee r read: of the Orlando omnirange extending bounded on the east by VOR civil air­ from Amber civil airway No. 7 to the way No. 97, on the southwest by VOR § 601.1205 Control area extension Wilmington, N. C. Control area extension civil airway No. 7, and on the north by (Albuquerque, N. Mex.). That airspace (601.1150), excluding the airspace below VOR civil airway No. 22-N, excluding northwest of Albuquerque bounded on 14,000 feet .mean sea level. the airspace above 19,000 feet mean sea the northwest by VOR civil airway No. level between sunset and sunrise which 190, on the south by VOR civil airway 23. Section 601.1387 is added to read: lies within Tyndall AFB Restricted Area No. 12 and on the east by VOR civil air­ § 601.1387 Control area extension R-336. way No. 19; that airspace north of (Fayetteville, N. C.). Within 5 miles Albuquerque bounded on the east by a either side of a 93° True bearing extend­ 10. Section 601.1126 is amended to line 5 miles east of and parallel to a 03° ing from the Fayetteville nondirectional read: True bearing from the Kirtland AFB, on radio beacon to a point 12 miles east. § 601.1126 Control area extension the south by VOR civil airway No. 12, and (Knoxville, Tenn.). That airspace on the west and north by VOR civil air­ 24. Section 601.1388 is added to read: within a 40 mile radius of the Knoxville, way No. 19. § 601.1388 Control area extension Tenn., radio range station beginning at 15. Section 601.1248 is amended to (Fort Bragg, N. C.). Within a 15 mile a point south of Knoxville on the western radius of Pope AFB bounded on the east edge of Red civil airway No. 27 and ex­ read: by VOR civil airway No. 3 and Amber tending counterclockwise to a point at § 601.1248 Control area extension civil airway No. 7, excluding the portion Lat. 36°15'00", Long. 84°30'00", thence (Richmond, Va.). That airspace within which overlaps the Port Bragg Re­ bounded on the northwest by a straight a 25 mile radius of the Richmond, Va., stricted Area (R-115). line from this point to a point at Lat. radio range station, bounded on the 25. Section 601.1984 five-mile radius 36°00'00", Long. 84°56'30'\ thence southeast by the Norfolk control area zones is -amended by deleting the fol­ bounded on the west by VOR civil airway extension. lowing airport: Riverside, Calif.: March No. 51, on the southwest by the Chat­ 16. Section 601.1257 Control area ex­ Field. tanooga control area extension, on the tension (Goshen, Ind.), is amended by 26. Section 601.2122 Detroit, Mich., south by VOR civil airway No. 54, and control zone, is amended by changing on the east by the western boundary of deleting the words which read: “on the east by Blue civil airway No. 33." the portion which reads: “and within a Red civil airway No. 27 to point of begin­ five mile radius of the Willow Run Air­ ning, excluding the airspace which lies 17. Section 6Q1.1266 is amended to read: port” to read : “and within a 12 mile ra­ within Prohibited Area PA-78. dius of the Willow Run Airport” and by 11. Section 601.1133 is amended to § 601.1266 C ontrol area extension adding the following phrase to present read: (Litchfield, Mich.). That airspace control zone: “and excluding the pie­ Within a 15 mile radius of the Litchfield, shaped area bounded on the north by a § 601.1133 Control area extension Mich., omnirange station and the air­ line 2 miles south of and parallel to the (Seattle, Wash.). That airspace within space southeast of the omnirange station 282° True radial of the Willow Run a 30-mile radius of the Seattle-Tacoma bounded on the north by VOR civil air­ TVOR and bounded on the south by a International Airport excluding the por­ way No. 10, on the northeast by VOR line 2 miles north of and parallel to the tion which overlaps the Port Lewis Re­ civil airway No. 45, on the southeast by 252° True radial of the Willow Run stricted Area R-244; that airspace south- VOR civil airway No. 98 and on the TVOR.” southwest of Seattle bounded on the east southwest by VOR civil airway No. 30. by Blue civil airway No. 71, on the south 27. Section 601.2150 is amended to by Lat. 46°35'00", and on the west by 18. Section 601.1311 is amended to read: Long. 123°03'00". read: § 601.2150 Key West, Fla., control 12. Section 601.1144 is amended to § 601.1311 Control area extension zone. Within a 5 mile radius of read: (Oscoda, Mich.). That airspace within Meacham Field and within a 5 mile ra­ a 30 mile radius of Wurtsmigh APB, dius of Boca Chica Naval Air Station, § 601.1144 Control area extension Oscoda, Mich., excluding the portions Key West, Fla., within 2 miles either, (Nantucket, Mass.). That airspace with­ which overlap Restricted Areas R-81, side of the west course of the Key West in tangent lines drawn from the circum­ R-91 and R-491. radio range extending from the radio ference of a circle 5 miles in radius range station to a point 10 miles west, centered on the Nantucket, Mass., non- 19. Section 601.1319 is amended to within 2 miles either side of a 242° True directional radio beacon to ‘a circle 15 read: bearing from the Key West radio range miles in radius centered on the inter­ § 601.1319 Control Area extension station extending from the Meacham section of a Great Circle course between (Key West, Fla.). Within 5 miles either Field 5-mile radius zone to a point 10 the Nantucket nondirectional radio bea­ side of the 313° True radial of the Key miles southwest of the radio range sta­ con and the Azores Santa Maria non­ West omnirange extending from the tion; within 2 miles either side of the directional radio beacon and the western omnirange station to Warning Area 313° True and the 273° True radiais of boundary of the ICAO Control Area, W-174 and within 5 miles either side of the Key West omnirange extending to excluding the portion below 2,000 feet the west course of the Key West radio points 10 miles northwest and west of except that airspace which lies within range extending from the radio range the omnirange station. the confines of civil airways. station to Warning Area W-174. 28. Section 601.2182 is amended to 13. Section 601.1145 is amended to 20. Section 601.1373 is amended to read : read: read: § 601.2182 Palmdale, Calif., control § 601.1145 Control area extension § 601.1373 Control area extension zone. Within a 5 mile radius of Palm­ (Nantucket, Mass.). That airspace with­ (Chattanooga, Tenn.). That aifspace dale Airport and within 2 miles either in tangent lines drawn from the circum­ side of the northeast course of the Palm­ ference of a circle 5 miles in radius within a 30 mile radius of the Chatta­ nooga radio range station. dale radio range extending from the centered on the Nantucket, Mass., non­ radio range station to Muroc Lake Re­ directional radio beacon to a circle 15 21. Section 601.1385 is added to read: miles in radius centered on the inter­ stricted Area R-279. section of a rhumb line between the § 601.1385 Control area extension 29. Section 601.2215 is amended to (Rome, N. Y.). That airspace within a Nantucket nondirectional radio beacon read: and the Kindley APB Bermuda radio 40 mile radius of Griffis APB, Rome, N. Y., range station and the western boundary bounded on the south by Green civil air­ § 601.2215 San Juan, P. R., control of the ICAO Control Area, excluding the way No. 2 and Red civil airway No. 22. zone. Within an 8 statute mile radius 7300 RULES AND REGULATIONS

of a point at Lat. 18°27'00'> N., Long. 39. Section 601.4601 is added to read: 48. Section 601.6105 is amended to 66°03''00" W., within 2 statute miles read: either side of the west course of the San § 601.4601 Blue civil airway No. 1 Juan radio range extending from the (Miami, Fla., to Tampa, Fla.). The in­ § 601.6105 VOR civil airway No. 105 radio range station to a point 10 miles tersection of the northeast course of the control areas (Phoenix, Ariz., to Las west, and within 2 miles either side of Fort Myers, Fla., radio range and the Vegas, Nev.). All of VOR civil airwav a 277° True bearing extending from southeast course of the Tampa, Fla., No. 105. radio range. the San Juan nondirectional beacon to 49. Section 601.6128 is amended by a point 10 miles west. 40. Section 601.4603 is amended to changing the caption to read: “VOR civil 30. Section 601.2365.is added to read: read: airway No. 128 control areas (Chicago, III., to New Bern, N. C.).” § 601.2365 Salem, Or eg., control zone. § 601.4603 Blue civil airway No. 3 (Miami, Fla., to Sault Ste. Marie, Mich.). 50. Section 601.6143 is amended to Within a 3 mile radius of McNary Air­ read: port and within 2 miles either side of Fort Myers, Fla., radio range station; a line bearing 150° True extending from Tampa, Fla., radio range station; Cross § 601.6143 VOR civil airway No. 143 the airport to a point 5 miles southeast. City, Fla., radio range station; Traverse control areas (Charlotte, N. C.,to Wash­ City, Mich., radio range station; Pellston, ington, D. C.). All of VOR civil airway . 31. Section 601.2366 is added to read: Mich., nondirectional radio beacon. No. 143 including a west alternate, but § 601.2366 Riverside, Calif., control 41. Section 601.4613 is amended to excluding the airspace between the main zone. Within a 5 mile radius of March read: airway and the west alternate. AFB and within 2 miles either side of § 601.4613 Blue civil airway No. 13 51. Section 601.6147 is amended to a line extending from March AFB read: through the Riverside omnirange sta­ (Houston, Tex., to Des Moines, Iowa). tion to a point 5 miles southeast of the Lufkin, Tex., nondirectional radio bea­ § 601.6147 VOR civil airway No. 147 omnirange station. con; Fort Smith; Ark., nondirectional control areas (Allentown, Pa., to Ro­ radio beacon. chester, N.Y.). All of VOR civil airway 32. Section 601.2367 is added to read: 42. Section 601.4633 is amended to No. 147. § 601.2367 Fort Bragg, N. C., control read: 52. Section 601.6153 is amended to zone. Within a 5 mile radius of Pope read: AFB and within 2 miles either side of a § 601.4633 Blue civil airway No. 33 line bearing 49° True extending from the (Lansing, Mich., to Saginaw, Mich.). No § 601.6153 VOR civil airway No. 153 Air Force Base to a point 7 miles north­ reporting point designation. control areas (New York, N. Y„ to east, excluding the portion which over­ 43. Section 601.5001 Other reporting Wilkes-Barre, Pa.). All of VOR civil laps the Fort Bragg Restricted Area points is amended by changing the Cod airway No. 153. R-115. and Seal intersections to read: 53. Section 601.6164 is amended to 33. Section 601.4015 Green civil air­ Cod intersection: The intersection of a read: way No. 5 (Los Angeles, Calif., to Boston, Great Circle course between the Nantucket, Mass.), is amended after Millville, N. J., Mass., nondirectional radio beacon and the § 601.6164 VOR civil airway No. 164 radio range station by adding the follow­ Azores Santa Maria nondirectional radio control areas (Bradford, Pa., to New beacon and the western boundary of the York, N. Y.) . All of VOR civil airway ing reporting point: “the intersection of ICAO Control Area at Lat. 41°29'00'' N., the northeast course of the Millville, Long. 68°00'00" W. No. 164 including south alternate, but N. J„ radio range and the southeast ..Seal intersection: The intersection of a excluding the airspace between the main course of the McGuire AFB, N. J., radio rhumb line between the Nantucket, Mass., airway and the south alternate. range;” and by deleting the following re­ nondirectional radio beacon and the Kindley 54. Section 601.6194 is amended to porting point: “the intersection of the APB Bermuda radio range station and the read: southeast course of the Newark, N. J., western boundary of the ICAO Control Area radio range and the southwest course of at Lat. 39°50'00'' N., Long. 69°16'00'' W. § 601.6194 VOR civil airway No. 194 the Mitchel Field, N. Y., AFB radio 44. Section 601.6022 is amended to control areas (Royston, Ga., to Boykins, range;” read: I/a.). All of VOR civil airway No. 194. 34. Section 601.4104 Amber civil air­ § 601.6022 VOR civil airway No. 22 55. Section 601.7001 Domestic VOR way No. 4 (Brownsville, Tex., to Minot, control areas (New Orleans, La., to reporting points is amended by adding N.- Dak.), is amended by changing the Jacksonville, Fla.) All of VOR civil air­ the following reporting points: reporting point which reads: “the inter­ way No. 22 including a north alternate, New Braunfels Intersection: The intersec­ section of the south course of the San but excluding the airspace between the tion of the San Antonio, Tex., omnirange Antonio, Tex., radio range and the 074° True and the Austin, Tex., omnirange southeast course of the Kelly, Tex., radio main airway and its north alternate. 209° True radials. range;” to read: “the intersection of the 45. Section 601.6031 is -amended to Seguin Intersection: The intersection of south course of the San Antonio, Tex., read: the San Antonio, Tex., omnirange 069° True and the Austin, Tex., omnirange 194° True radio range, the 104° True bearing from § 601.6031 VOR civil airway No. 31 radials. • the Somerset, Tex., nondirectional radio control areas (Baltimore, Md., to Roch­ Mooresville Intersection: The intersection beacon and the southeast course of the ester, N. Y.). All Of VOR civil airway of the Charlotte, N. C., omnirange 359° True Kelly, Tex., radio range ; ” No. 31. and the Spartanburg, S. C., omnirange 057’ 35. .Section 601.4207 Red civil airway True radials. No. 7 (.Atlanta, , Ga., to Greensboro, 46. Section 601.6054 is amended to Murphy Intersection: The intersection of N. C.), is amended by adding the follow­ read: the Chattanooga, Tenn., omnirange 088° True and the Knoxville, Tenn., omnirange ing reporting point: “the intersection of § 601.6054 VOR1 civil airway No. 54 191° True radials. the north course of the Charlotte, N. C., control areas (Texarkana, Ark., to Char­ Norcross, Ga., omnirange station. radio range and the southwest course of lotte, N. C.). All of VOR civil airway Douglas, Ariz., omnirange station. the Greensboro, N. C., radio range;” No. 54 including north alternates. Rocky Mount, N. C., omnirange station. 36. Section 601.4211 Red civil airway Charlotte, N. C., omnirange station. No. 11 (Enid, OJcla., to Boston, Mass.), is 47. Section 601.6056 is amended to Ashville, N. C., omnirange station. amended by changing the name of the read: Columbus, Ga., omnirange station. Williamstown, N. C., VAR station. facility at Vichy, Mo., from radio range § 601.6056 VOR civil airway No. 56 Stroudsburg, Pa., omnirange station. station to “Vichy, Mo., nondirectional control areas (Montgomery, Ala., to radio beacon;” Florence, S. C.). All of VOR civil air­ and by changing the following report­ 37. Section 601.4225 Red civil airway way No. 56 including north alternates, ing points to read: No. 25 (Tallahassee, Fla., to Miami, Fla.) but excluding the airspace between the Branchville Intersection: The intersection is revoked. main airway and its north alternate of the Stroudsburg,Pa., omnirange 055° True 38. Section 601.4301 Red civil airway between the Columbia, S. C.? omnirange and the Wilkes-Barre-Scranton, Pa., omni­ No. 101 (Tampa, Fla., to Miami, Fla.). range 117° True radials. is revoked. station an’d the Florence, S. C., omni­ Newburgh Intersection: The intersection range station. of the Poughkeepsie, N. Y., omnirange 236$ 7301 Friday, September 30, 1955 FEDERAL REGISTER

True and the Wilton, Conn., omnirange 300« ment of tolerances for residues of corn (kernels) but not forage thereof, True radials. '. Aramite (2 - p-tert - butylphenoxy) -iso- tomatoes, watermelons. Catalina Intersection: The intersection of propyl-2-chloroethyl sulfite) on certain (b) A tolerance of zero is established the Los Angeles, Calif., omnirange 185° True designated raw agricultural commodi­ for residues of Aramite in or on the raw radial, the Long Beach, Calif., omnirange ties. The Food and Drug Administra­ agricultural commodities alfalfa and 220° True radial and a straight line bearing tion concluded that a zero tolerance soybeans (whole plant). 099° True to the Oceanside, Calif., non- Any person who will be adversely directional radio beacon. should be established on Aramite resi­ Bergholz Intersection: The intersection of dues and so advised the petitioner. affected by the foregoing order may at the Pittsburgh, Pa., omnirange 291° True and The United States Rubber Company any time prior to the thirtieth day from the Youngstown, Ohio, omnirange 195° True withdrew the original petition and filed the effective date -of this order file with radials (or ADF passing indication over the an amended petition proposing a lower the Hearing Clerk, Department of Bergholz, Ohio, nondirectional radio beacon.) tolerance for residues of Aramite. The Health, Education, and Welfare, Room Mendota Intersection: The intersection of «company requested that if the Food mid 5440, Health, Education, and Welfare the Janesville, Wis., omnirange 339° True and Drug Administration adhered to its ini­ Building, 330 Independence Avenue SW., the Lone Rock, Wis., omnirange 104° True tial conclusion that a zero tolerance Washington 25, D. C., written objections radials. should be issued, the amended petition thereto. Objections shall show wherein (Sec. 205, 52 Stat. 984, as amended: 49 U. S. C. be referred to an advisory committee. the person filing will be adversely af­ 425. Interpret or apply sec. 601, 52 Stat. An advisory committee to consider fected by the order, shall specify with 1107, as amended; 49 U. S. C. 551) Aramite was apopinted in accordance particularity the provisions of the order This amendment shall become effective with the Federal Food, Drug, and Cos­ deemed objectionable and reasonable 0001 e. s. t. October 6, 1955. metic Act (sec. 408 (g), 68 Stat. 514; 21 grounds for the objections, and may re­ U. S. C. 346a (g)). The petition and quest- a public hearing upon the objec­ [seal] F. B. Lee, other data before the Food and Drug tions. Objections may be accompanied Administrator of Civil Aeronautics. Administration were referred to the by a memorandum or brief. All docu­ [P. R. Doc. 55-7888; Piled, Sept. 29, 1055; committee with a request that it make a ments shall be filed in quintuplicate. 8:46 a. m.] report and recommendations thereon. The committee concluded that the Effective date. This order shall be continued use of Aramite at a residue effective upon publication In the F ed­ [Arndt. .135] level not to exceed 1 part per million eral R egister. P art 608—R estricted Areas would offer no hazard to the public. It (Sec. 701, 52 Stat. 1055; 21 U. S. C. 371. recommended that a tolerance of 1 part Interprets or applies sec. 408, 68 Stat. 511; ALTERATIONS per million. b6 established, for residues of 21 U. S. O. 346a) The restricted area alterations appear­ Aramite. . Dated: September 26, 1955. ing hereinafter have been coordinated Copies of the report and recommenda­ with the civil operators involved, the tions of the committee are on file with [seal] G eo. P. L arrick, Army, the Navy and the Air Force, the Hearing Clerk, Department of Commissioner of Food and Drugs. through the Air Coordinating Committee, Health, Education, and Welfare, Room [P. R. Doc. 55-7908; Piled, Sept. 29, 1955; Airspace Panel, and are adopted to be­ 5440, Health, Education, and Welfare 8:51 a. m.] come effective when indicated in order to Building, 330 Independence Avenue promote safety of the flying public. SW., Washington 25, D. C. Since a military function of the United The Secretary of Agriculture has cer­ States is involved, compliance with the tified that this pesticide chemical is use­ P art 120—T olerances and E xemptions notice, procedure, and effective date, pro­ ful for the purposes for which tolerances F rom T olerances for P esticide Chem ­ visions of section 4 of the Administrative are requested. .' _ icals in or on R aw Agricultural Procedure Act is not required. The amended petition does not show Commodities Part 608 is amended as follows: whether Aramite residues present on 1. In § 608.29, the Westport Point, forage consumed by dairy animals are TOLERANCE FOR RESIDUES OF 3 -(P-CHLORO- Massachusetts, area (R-4 formerly D-4), excreted in milk. Aramite residues p h e n y l )-1,1-DIMETHYLUREA amended on January 16,1953 in 18 F. R. should not be present in milk. On June 10, 1955, a petition wat filed 350, is rescinded. After due consideration of the data with the Food and Drug Administration 2. In § 608.47, the Cormorant Rock, submitted in the petition, the report and requesting the establishment of a toler­ Rhode Island, area (Rr-98 formerly D- recommendations of the advisory com­ ance for residues of 3-(p-CHLORO- 98), amended on January 16, 1953 in 18 mittee, and other relevant material, it is PHENYL) -1,1-DIMETHYLUREA in or F. R. 350, is rescinded. concluded that the tolerances established on certain raw agricultural commodi­ (Sec. 205,52 Stat. 984, as amended; 49 U. S. C. in this order will protect the public ties. . . 425. Interprets or applies sec. 601, 52 Stat. health. Therefore, by virtue of the au­ The Secretary of Agriculture has 1007, as amended; 49 U. S. C. 551) thority vested in the Secretary of Health, certified that this pesticide chemical is Education, and Welfare by the Federal useful for the purposes for which a tol- This amendment shall become effec­ Food, Drug, and Cosmetic Act (sec. 408 erance is being established. tive on September 30, 1955. (d) (2); 68 Stat. 512; 21 U. S. C. 346a After consideration of the data sub­ [seal] F. B. Lee, (d) (2)) and delegated to the Commis­ mitted in the petition and other relevant Administrator of Civil Aeronautics. sioner of Food and Drugs by the Secre­ material which show that the tolerance [P. R. Doc. 55-7889; Piled, Sept. 29, 1955; tary (20 F. R. 759), the regulations for established in this order will protect the 8:46 a. m.] the establishment of tolerances and public health, and by virtue of the au­ granting exemptions from tolerances m thority vested in the Secretary of Health, or on raw agricultural commodities (21 Education, and Welfare by the Federal TITLE 21— FOOD AND DRUGS CFR Part 120; 20 P. R. 1«3> are Food; Drug, and Cosmetic Act (sec. 408 amended as follows: , (d) (2), 68 Stat. 512; 21 U. S. C. 346a (d) Chapter I— Food and Drug Adminis­ Part 120 is amended by adding the fol­ (2) ) and delegated to the Commissioner tration, Department of Health, lowing new section: of Food and Drugs by the Secretary (21 Education, and Welfare CFR 120.7 (g) ; 20 F. R. 759), the regula­ § 120.107 ^Tolerances for residues of tions for tolerances and exemptions from Part 120—Tolerances and Exemptions Aramite. (a) A tolerance of 1 part per tolerances for pesticide chemicals in or From Tolerances for Pesticide Chem­ million is established for residues of on raw agricultural commodities (21 CFR icals in or on Raw Agricultural Aramite (2- (.p-tert-butylphenoxy) -iso- Part 120; 20 F. R. 1473) are amended by Commodities propyl-2-chloroethyl sulfite) on the raw adding the following new section: TOLERANCES FOR RESIDUES OF ARAMITE ( 2 - agricultural commodities apples, blue­ berries, cantaloups, celery, cucumbers, § 120.108 Tolerance for residues of (p-tert - butylphenoxy) - isopropyl- 2- 3 - (p - chlorophenyl) -1,1-dimethylùrea. CHLOROETHYL SULFITE) grapefruit, grapes, green beans, lemons, muskmelons, .oranges, peaches, pears, A tolerance of 1 part per million for resi­ The United States Rubber Company dues of 3-(p-chlorophenyl)-1,1-dime- filed a petition requesting the establish- nlums. raspberries, strawberries, sweet 7302 RULES AND REGULATIONS thylurea is established in or on the following raw agricultural commodities: deemed in the public interest to continue in the States of Oregon, California Ari­ Asparagus, cottonseed, onions (dry bulbs the designation without interruption. zona or Nevada, may, at theiroption only), pineapple, spinach, sugarcane. (R. S. 161, sec. 7, 44 Stat. 572, as amended: furnish and transport not more than Any person who will be adversely af­ 6 T7. S, C. 22, 49 U. S. O. 177) three (3) refrigerator cars of SFRD Pfe fected by the foregoing order may, at [seal] D avid W. Kendall, or WP ownership, not suitable for trans­ any time prior to the thirtieth day from Acting Secretary of the Treasury. porting commodities requiring protective service, in lieu of each box car ordered the effective date of this order, file with [F. R. Doc. 55-7951; Filed, Sept. 29, 1955; the Hearing Clerk, Department of 8:54 a. m.] subject to the carload minimum weight Health, Education, and Welfare, Room which would have applied if shipment 5440, 330 Independence Avenue SW had been loaded in a box car. Washington 25, D. C., written objection's TITLE 39— POSTAL SERVICE (2) On shipments on which the car­ thereto. Objections shall Show wherein load minimum weight varies with the the person filing will be adversely af­ Chapter I—-Post Office Department size of the car. fected by this order, shall specify with P art 63—P ostal S avings (i) Two (2) refrigerator cars not particularity the provisions of the order suitable for transporting commodities deemed objectionable and reasonable WITHDRAWALS requiring protective service may be fur­ grounds for the objections, and may re­ In § 63.6 Withdrawals, amend para­ nished in lieu of one (1) box car ordered quest a public hearing upon the objec­ graph (a) to read as follows: of a length of 40' 7", or lqss, subject to tions. Objections may be accompanied the carload minimum weight which (a) On demand at office of issue. You would have applied if the shipment had by a memorandum or brief in support May withdraw on demand all or any part thereof. All documents shall be filed in been loaded in a box car of the size quintuplicate. of funds deposited at the office of issue. ordered. You will receive immediate payment (ii) Three (3) refrigerator cars not Effective date. This order shall be unless the amount is large and the post­ suitable for transporting commodities effective upon publication in the F ederal master has to obtain the necessary requiring protective service may be fur­ R egister. funds. If a withdrawal is made within 1 nished in lieu of one (1) box car ordered (Sec. 701, 52 Stat. 1055; 21 U. S. C. 371. In­ month from the date of issue as shown of a length of over 40' 7", but not over terprets or applies sec. 408, 68 Stat. 511* 21 on the certificate, a service charge of 20 50' 7", subject to the carload minimum U. S. C. 346a) cents will be made for each certificate weight which would have applied if the regardless of denomination. Dated: September 26, 1955. shipment had been loaded in a box car The foregoing amendment is effective of the size ordered. [seal] Geo. P. Larrick, November 1, 1955. (b) Application. The provisions of Commissioner of Food and Drugs. (R. S. 161, 396; secs. 304, 309, 42 Stat. 24, 25- this section shall apply to shipments [F. R. Doc. 55-7890; Filed, Sept. 29, 1955; 5 U. S. C. 22, 369) moving in intrastate commerce as well as 8:46 a. m.] to those moving in interstate commerce. [seal] Abe M cG regor G off, (c) Effective date. This section shall The Solicitor. become effective at 7:00 a. m., September TITLE T 9— CUSTOMS DUTIES [F. R. Doc. 55-7899; Filed, Sept. 29, 1955; 28, 1955. 8:49 a. m.] (d) Expiration date. This section Chapter I—’Bureau of Customs, shall expire at 11:59 p. m., December 31, Department of the Treasury 1955, unless otherwise modified, changed, [T. D. 53907] TITLE 49— TRANSPORTATION suspended or annulled by order of this Commission. Part 6—Air Commerce R egulations Chapter I——Interstate Commerce (e) Rules and regulations suspended. DESIGNATION OF CHICAGO MIDWAY AIRPORT Commission The operation of all rules and regulations AS AN INTERNATIONAL AIRPORT [S. O. 908] insofar as they conflict with the pro­ visions of this section is hereby Sus­ S eptember 27, 1955. P art 95—Car S ervice pended. The Chicago Midway Airport, Chicago, if) Announcement of suspension. Illinois, is hereby designated as an air­ substitution of refrigerator cars for BOX CARS Each of such railroads, or its agents, port of entry (international airport) for shall publish, file, and post a supplement civil aircraft and for merchandise car­ At a Session of the Interstate Com­ to each of its tariffs affected hereby, in ried thereon arriving from- places out­ merce Commission, Division 3, held at substantial accordance with the pro­ side the United States, as defined in sec­ its office in Washington, D. C., on the visions of Rule 9 (k) of the Commis­ tion 9 (b) of the Air Commerce Act of 27th day of September A. D. 1955. sion’s Tariff Circular No. 20 (§ 141.9 (k) 1926 (49 U. S. C. 179 (b)), effective It appearing that the number of of this chapter) announcing the suspen­ October 1,1955. freight cars available for the movement sion of any of the provisions therein. The list of international airports in of box car freight in the States of Ore­ It is further ordered, That a copy of § 6.13 is hereby ^amended to include the gon, California, Arizona and Nevada, has this order and direction shall be served name and location of this airport. seriously decreased recently; that at upon the Association of American Rail­ This airport was designated as a tem­ present the supply is insufficient to move roads, Car Service Division, as agent of porary international airport by Treasury such freight traffic of carriers serving the railroads subscribing to the car serv­ Decision 53765, March 23,1955, published those States; that there are certain ice and per diem agreement under the in the F ederal R egister of March 30,1955 SFRD, PFE and WP refrigerator cars in (20 F. R. 1972). The continuation of that territory not suitable for transport­ terms of that agreement; and that notice the designation of this airport as an in­ ing commodities requiring protective of this order be given to the general pub­ ternational airport without time limit is service and that such cars are suitable lic by depositing a copy in the office of based on a determination that a sufficient for transporting other freight; in the the Secretary of the Commission at need exists to justify such designation. opinion of the Commission an emergency Washington, D. C., and by filing it with Since notice and public procedure un­ exists requiring immediate action in Ore­ the Director, Division of the Federal der section 4 of the Administrative Pro­ gon, California, Arizona and Nevada: Register. It is ordered, that: cedure Act (5 U. S. C. 1003) were followed (Sec. 12, 24 Stat. 383, as amended; 49 U. S. C. in the designation of this airport as a § 95.908 Substitution of refrigerator 12. Interprets or applies sec. 1, 24 Stat. temporary international airport and cars for box cars—(a) ( ) Except as pro­ 379, as amended; 49 U. S. O. 1) continuation of the designation will be 1 vided in subparagraph (2) of this para­ By the Commission, Division 3. in the public interest, notice and public graph, common carriers by railroad procedure are deemed unnecessary. The subject to the Interstate bommeree Act [seal] H arold D. McCoy, designation is made effective on October transporting carload freight from origins Secretary. 1, 1955, since the temporary designation in the States of Oregon, California, Ari­ expires September 30, 1955, and it is [F. R. Doc. 55-7911; Filed, Sept. 29, 1955; zona or Nevada, and destined to points 8:51 a. m.] Friday, September 30, 1955 FEDERAL REGISTER 7303 duly authorized to practice before the state in detail such special circumstances TITLE 45— PUBLIC WELFARE Commission when the designating or­ of unusual, hardship as, in the opinion Chapter V— Foreign Claims Settle­ ganization shall have been issued a let­ of the petitioner, justify payment in ex­ ment Commission of the United ter of accreditation by the Commission. cess of the maximum remuneration Petitions for accreditation shall be in otherwise permitted by section 317 (a) ; States writing, executed by duly authorized of­ shall be accompanied, as exhibits, by REVISION OF REGULATIONS ficer or officers, addressed to the Foreign all documents including agreements Claims Settlement Commission of the relating to remuneration, available to Chapter V is amended as follows: United States, Washington, D. C. Upon petitioner evidencing the allegations of 1. Sections 500.1, 500.2, 505.1, 507.16, receipt of a petition setting forth perti­ his petition; and shall state the total 507.106, 507.108, 507.110, 525.1 are re­ nent facts as to the organization’s his­ amount of remuneration which it is be­ vised. ' lieved should be authorized. 2. Sections 500.3 and 500.4 are renum­ tory, purpose, number of posts or chap­ ters and their locations, approximate § 500.4 Order allowing fee in excess bered as~sections 500.5 and 500.6. number of paid-up membership, state­ 3. New sections 500.3 and 500.4 are of ten per centum of amount paid on ments that the organization will not account of claim. The Commission may, added. charge any fee for services rendered by 4. New subchapter C is added. upon the petition described in § 500.3 its designees in behalf of claimants and and supporting affidavit, after consulta­ As amended, Chapter V of Title 45 that it will not refuse on the grounds of reads as set forth below, tion with the claimant and consideration non-membership to represent any claim­ of the evidence, in its sole discretion, W hitn ey G illilland, ant who applies for such representation upon a finding that there exist special Chairman. if he has an apparently valid claim, ac­ circumstances of unusual hardship companied by a copy of the organiza­ which require the payment of a fee in Subchapter A— Rules of Practice tion’s constitution or charter, by-laws, P a rt excess of the maximum amount other­ 500 Appearance and practice before the and its latest financial statement, the wise allowable, issue an order authoriz­ Commission. Commission in its discretion will con­ ing such-excess, the said order to specify 501 Subpoenas, depositions and oaths. sider and in appropriate cases issue or the amount of such excess. deny letters of accreditation. Subchapter B— Receipt, Administration and Pay­ (d) A person may not be represented § 500.5 Suspension of attorneys, (a) ment of Claims Under the War Claims Act of before the Commission except as au­ The Commission may disqualify, and 1948, as Amended thorized in paragraph (a), (b) or (c). deny, temporarily or permanently, the .505 Filing of claims and procedures there­ of this section. privilege of appearing or practicing be­ for. fore it in any way to any person who is 506 Provisions of general application. § 500.2 Fees, (a) No remuneration on found after a hearing in the matter— 507 Entitlement to award. account of services rendered or to be %(1) Not to possess the requisite quali­ 515 Payment. rendered to or on behalf of any claimant 525 Hearings. fications to represent others before the in connection with any claim falling Commission; or - Subchapter C— Receipt, Administration and Pay­ within the purview of Subchapter B of (2) To be lacking in character or in­ ment of Claims Under the International Claims this chapter shall exceed ten per centum tegrity or to have engaged in unethical Settlement Act of 1949, as Amended of the amount allowed on account of or improper professional conduct; or 531 Filing of claims and procedures there­ such claim, except that the Commission (3) To have violated * * * section 10 for. in its discretion may fix a lesser per of the War Claims Act of 1948, as centum with respect to any claim filed Subchapter A— Rules of Practice amended, or section 4 (f) of the Inter­ thereunder. national Claims Settlement Act of 1949, P art 500—Appearance and P ractice (b) The total remuneration on ac­ as aàiended, or § 500.2. B efore the Com m ission count of services rendered or to be (b) Contemptuous or contumacious Sec. rendered to or on behalf of any claimant conduct afr'any hearing shall be ground 500.1 Appearance and practice. in connection with any claim falling 500.2 Fees. for exclusion from said hearing and for 500.3 Petition for fee exceeding ten per within the purview of Subchapter JC of sum m ary suspension withoqt a hearing centum of amount paid on account this chapter shall not exceed ten per for the duration of the hearing. of claim. centum of the total amount paid on 500.4 Order allowing fee in excess of ten account of such claim, except that the § 500.6 Restrictions on former em­ per centum of amount paid on ac­ Commission may upon petition, as pre­ ployees. (a) No former member, officer count of claim. scribed in § 500.3, in its discretion enter or employee of the Government of the 500.5 Suspension of attorneys. an order authorizing such remuneration United States shall represent any claim­ 500.6 Restrictions on former employees. in an amount wtpch exceeds the maxi­ ant before the Commission or accept Au t h o r it y : §§ 500.1 to 500.6 issued under mum otherwise permitted. employment in connection with any sec. 2, 62 Stat. 1240, as amended, sec. 3, 64 matter connected in any way with the Stat. 13, as amended; 50 U. S. O. App. 2001, § 500.3 Petitions for additional remu­ prosecution of any claim or matter which 22 U. S. C. 1622. neration pursuant to section 317 (b) of the act. A petition under section 317 (b) is before the Commission which claim §500.1 Appearance and practice, (a) of the act for an order authorizing the or matter was in any way considered by An individual may appear in his own be­ payment of remuneration in excess of such former member, officer or employee half; a member of a partnership may the maximum prescribed by section 317 during his period of service with the represent the partnership; a bona fide (a) of the act shall be in writing and Government of the United States or con­ officer of a corporation, trust or associa­ verified by the petitioner. It shall in­ cerning which he gained personal tion may represent the corporation, trust knowledge during his service with the clude (a) a fully itemized statement of Government. or association; any officer or employee all services at any time rendered by the (b) No former member, officer or em­ of the United States Department of Jus­ petitioner on behalf of the claimant in ployee of the Commission shall, for a tice, when designated by the Attorney connection with the claim with respect period of two years following his service General of the United States, may rep­ to which the petition is filed, whether with the Commission represent any resent the United States in a claim rendered before or after the filing of claimant before the Commission or shall proceeding. the claim with the Commission, (b) a be connected in any way with the prose­ (b) A person may be represented by statement of all remuneration thereto­ cution of any claim before the Commis­ an attorney at law admitted to practice fore. received by the petitioner on ac­ sion unless prior approval is obtained in any State or Territory of the United count of such services, and (c) an item­ froifi the Commission in each matter. States, or the District of Columbia. ized statement, to the best of petitioner’s To obtain, such approval a request shall (c) In cases falling within the purview knowledge, information and belief, of all be made in affidavit form to the Com­ of Subchapter B of this chapter, per­ services theretofore at any time rendered mission stating (1) that the applicant sons designated by veterans’ service, and by any other person or persons on behalf other organizations to appear before the of the claimant in connection with such did not personally consider the matter Commission in a representative capacity claim and of all remuneration paid on or gain personal knowledge thereof dur­ on behalf of claimants shall be deemed account of such other services; shall ing his service with the Commission, and 7304 RULES AND REGULATIONS (2) that he is not associated with any person who personally considered the sion by the interested parties from the tice shall have been given in the publica­ matter or gained personal knowledge denial of a motion to quash or from the tion for the time and in the manner refusal to issue a subpoena for the pro­ provided by law or rule. thereof during his service with the Com­ duction of documentary evidence. mission. The application may be (e) Order of court upon failure to (h) Date of service. The date of serv­ granted or denied in the discretion of comply. Upon the failure or refusal of ice shall be the day upon which the the Commission and shall be denied if any person to comply with a subpoena, document- is deposited in the United the public interest would otherwise States mail or delivered in person as suffer. the Commission may invoke the aid of the case may be. the United States District Court within (i) Filing with Commission. Papers the jurisdiction of which the hearing, required to be filed with the agency shall Pari 501—Subpoenas, Depositions and examination, or investigation is being be deemed filed upon actual receipt by Oaths conducted, or wherein such person re­ Sec. sides or transacts business. Such court, the Commission accompanied by proof 501.1 Extent of authority. .y pursuant to the provisions of Public of service upon parties required to be 501 ;2 Subpoenas. served. Upon such actual receipt the 501.3 Service of process. Law 696, 81st Congress, approved August filing shall be deemed complete as of the 501.4 Witnesses. 16, 1950, 50 U. S. C. App. 2001 (d), may date of deposit iii the instil or with the 501.5 Depositions. issue an-order requiring such person to 501.6 Documentary evidence. appear at the designated place of hear­ telegraph company as provided in para­ 501.7 Time. ing, examination or investigation, then graphs (e) and (f) of this section.

A u t h o r i t y : |§ 501.1 to 501.7 Issued under and there to give or produce testimony §501.4 Witnesses—(a) Examination sec. 2, 62 Stat. 1240, as amended, sec. 3, 64 or documentary evidence concerning the of witnesses. Witnesses shall appear in Stat. 13, as amended; 50 U. S. C. Add 2001 matter in question. Any-failure to obey person and be examined orally under 22 U. S. O. 1622. ' such an order may be punished by the oath, except that for good cause shown court as a contempt thereof. All proc­ testimony may be taken by deposition. §501.1 Extent of authority— (a) esses in any such case may be served (b) Witness fees and mileage. Wit­ Subpoenas, oaths and affirmations. The in the judicial district wherein such per­ nesses summoned by the Commission on Commission or any member thereof may son resides or transacts business or wher­ its own behalf or on behalf of a claimant issue subpoenas, administer oaths and ever such person may be found. affirmations, take affidavits, conduct in­ or interested party shall be paid the same vestigations and examine witnesses in § 501.? Service of process—(a) By fees and mileage that are allowed and connection with any hearing, examina­ whom served. The Commission shall paid witnesses in the District Courts of tion, or investigation within its jurisdic­ serve all Orders, notices and other pa­ the United States. Witness fees and tion. pers issued, by it, together with any mileage shall be paid by the Commission other papers which it is required by law or by the party at whose request the (b) Certification. The Commission or to serve. witness appears. any member thereof may, for the pur­ (b) Kinds of service. Subpoenas, or­ (c) Transcript of testimony. Every pose of any such hearing, examination, ders, rulings, and other processes of th e' person required to attend and testify or or investigation, certify the correctness 'Commission, may be served by deliver­ to submit documents or other evidence of any papers, documents, and other ing in person, by first class or registered shall be entitled to retain or, on payment matters pertaining to the administration mail, or by telegraph or by publication. of prescribed costs, procure a copy or ?£ aiiy laws relating to the functions of (c) Personal service. Service by de­ transcript of his testimony or the docu­ the Commission. livering in person may be accomplished ments produced. 3 501.2 Subpoenas— (a) Issuance. A by: § 501.5 Depositions— (a) Application member of the Commission or a desig­ (1) Delivering a copy of the document to take, (l) An application to take a nated employee may, on his own volition to the person to be served, to a member deposition shall be in writing setting or upon written application by any party of the partnership to be served, to. an forth the reason why such deposition and upon a showing of general relevance executive officer, or a director of the should be taken, the name and address and reasonable scope of the evidence corporation to be served, or to a person matters concerning sought, issue subpoenas requiring per­ competent to accept service; or which it is expected the witness will sons to appear and testify or to appear (2) By leaving a copy thereof at the testify, and the time any place proposed S5.d *E£0d4Uce documents. Applications residence, principal office or place of for the taking of the deposition, together for the issuance of subpoenas duces business of such person, partnership, or with the name and address of the per­ tecum shall specify the books, records corporation. son before whom it is desired that the (3) Proof of service: The return re­ s o S f ? 011'? ^ 06’ • K°r other d0CUD3ents deposition be taken. If such deposition The subpoena shall show on ceipt for said order, other process or is being offered in connection with a its face the name and address of the supporting papers, or the verification by hearing or examination, the application party at whose request the subpoena was the person serving, setting forth the for deposition shall be made to the Com­ manner of said service, shall be proof of mission at least 15 days prior to the pro­ 2>) for costs. The Commis- the service of the document. posed date of such hearing or f£°n desi^nafced employee, before issu- (4) Service upbn attorney or agent: examination. sul?poena in response to any When any party has appeared by an (2) Application to take a deposition application by an interested party mav authorized attorney or agent, service may be made during a hearing or exam­ require a deposit in an amount adequate upon such attorney or agent shall be ination, or subsequent to a hearing or to cover the fees and mileage involved. deemed service upon the party. examination only where it is shown for (c) Motion to quash, if any person (d) Service by first class mail. Serv­ good cause that such testimony is essen­ subpoenas does not intend to compi? ice by first class mail shall be regarded tial and that the facts as set forth in the with the subpoena, he shall, within 15 as complete, upon deposit in the united application to take the deposition were days after the date of service of the States mail properly stamped and addressed. not within the knowledge of the person subpoena upon him, petition in writing signing the application prior to the time to quash the subpoena. The basis for (e) Service by registered mail. Serv­ of the hearing or examination. wie motion must be stated in detail. ice by registered mail shall be regarded (3) The Commission or its represent­ Any party desiring to file an answer to as. complete on the date the return post a motion to quash must file such answer office registered receipt for said orders, ative shall, upon receipt of the applica­ not later than 15 days after the filing notices and other papers, is received by tion and a showing of good cause, make Commission shall the Commission. and cause to be served upon the parties rule on the motion to quash, duly recog­ (f) Service by telegraph. Service by an order which will specify the name of nizing any answer thereto filed. The telegraph shall be regarded as complete the witness whose deposition is to be motion, answer, and any ruling thereon when deposited with a telegraph com­ taken, the time, the place, and where shall become part of the official record. pany properly addressed and with practicable the designation of the officer (d) Appeal from interlocutory order. charges prepaid. before whom the witness is to testify. An appeal may be taken to the Commis­ (g) Service by publication. Service Such officer may or may not be the one by publication is complete when due no- specified in the application. The order 7305 Friday, September 30, 1955 FEDERAL REGISTER Sec. shall be served upon all parties at least shall be certified by such officer, who 505.7 Receipt of claims. 10 days prior to the date of the taking shall propound the interrogatories and 505.8 Failure to note change of address. cross-interrogatories to the witness in of the deposition. A u t h o r i t y : §§ 505.1 to 505.8 is issued un­ (b) Who may take. Such deposition their order and reduce the testimony to writing in the witness’ own words. der sec. 2, 62 Stat. 1240, as amended; 50 may be taken before the designated offi­ U. S. C., App. 2001. cer or, if none is designated, before any (h) Fees. A witness whose deposition officer authorized to administer oaths by is taken pursuant to the regulations in § 505.1 Claim defined, (a) A properly the laws of the United States. If the ex­ this part and the officer taking the de­ completed and executed application amination is held in a foreign country, position, shall be entitled to the same made on an official form provided by it may be taken before a secretary of an fees and mileage allowed and paid for the Commission for such purpose con­ embassy or legation, consul general, like service in the United States District stitutes a claim and will be processed consul, vice consul, or consular agent of Court for the district in which the de­ under the laws administered by the the United States. position is taken. Such fees shall be paid Commission. (c) Examination and certification of by the Commission or by the party at (b) Any communication, letter, note, testimony. At the time and place speci­ whose request the deposition is being or memorandum from a claimant, or his fied in said order the officer taking such taken. duly authorized representative, or a per­ deposition shall permit the witness to § 501.6 Documentary evidence. Doc­ son acting as next friend of a claimant be examined and cross-examined under umentary evidence may consist of books, who is not sui juris, setting forth suffi­ oath by all parties appearing, and his records, correspondence or other doc­ cient facts to apprise the Commission testimony shall be reduced to writing by, uments pertinent to any hearing, exam­ of an intent to apply under the provi­ or under the direction of, the presiding ination, or investigation within the sions of section 5 (a) through (e), as officer. All objections to question or amended, section 5 (g), section 6 (e), jurisdiction of the Commission. The ap­ as amended, section 15, section 16 and evidence shall be deemed waived unless plication for the issuance of subpoenas made in accordance with paragraph (d) section 17 of the act shall be deemed duces tecum shall specify the books, rec­ to be an informal claim. When an of this section. The officer shall not ords, correspondence or other documents have power to rule upon any objections informal claim is received and an offi­ sought. The production of documentary cial form is forwarded for completion but he shall note them upon the deposi­ evidence shall not be required at any tion. The testimony shall be subscribed and execution by the applicant, such place other than the witness’ place of official form shall be considered as evi­ by the witness in the présence of the business. The production of such doc­ officer who shall attach his certificate dence necessary to complete the initial uments shall not be required at any place claim, and unless such official form is stating that the witness was duly sworn if, prior to the return date specified in by him, that the deposition is a true received within thirty (30) days from the subpoena, such person either has the date it was transmitted for execu­ record of the testimony and exhibits furnished the issuer of the subpoena given by the witness and that said officer tion, if the claimant resides in the con­ with a properly certified copy of such tinental United States or forty-five (45) is not counsel or attorney to any of the documents or has entered into a stipula­ interested parties. The officer shall days if outside the continental United tion as to the information contained in States, the claim will be disallowed. immediately seal and deliver an original such documents. and two copies of said transcript, to­ § 505.2 Time within which claims gether with his certificate, by registered § 501.7 Time—(a) Computation. In may be filed, (a) Claims of individuals mail to the Foreign Claims Settlement computing any period of time prescribed entitled to benefits under section 5 (a) Commission, Washington 25, D. C., or or allowed by the regulations by order through (e) of the War Claims Act of the field office designated. of the Commission, or by any applicable 1948, as amended, solely by reason of (d) Admissibility in evidence. The statute, the day of the act, event, or the amendments made by Public Law 744 deposition shall be admissible in evi­ default after which the designated pe­ (83d Congress, approved August 31,1954) dence, subject to such objections to the riod of time begins to run is not to be will be received by the Commission dur­ questions and answers as were noted at included. The last day of the period ing the period August 31,1954 to August the time of taking the deposition, or so computed is to be included, unless it 31, 1955, inclusive, in accordance with within ten (10) days after the return is a Saturday, Sunday or a legal holiday, the notice given pursuant to the pro­ thereof, and would be valid were the wit­ in which event the period runs until the visions of section 101 (e) and section ness personally present at the hearing. end of the next day which is neither 102 (c) of Public Law 744, 83d Congress, (e) Errors and irregularities. All a Saturday, Sunday nor a holiday. approved August 31,1954. Claims to be errors or irregularities occurring shall be When the period of time prescribed or accepted must be postmarked before deemed waived unless a motion to sup­ allowed is less than 7 days, intermediate midnight August 31, 1955, or delivered press the deposition or some part thereof Saturdays, Sundays and holidays shall to the Office of the Foreign Claims Set­ is made with reasonable promptness be excluded in the computation. tlement Commission of the United States, after such defect is, or with due diligence (b) Enlargement. When by the regu­ Washington, D. C., to any field office might have been, ascertained. lations in this chapter or by a notice thereof, or to any person or agency (f ) Scope of use. The deposition of a given thereunder or by order of the Com­ authorized by the Commission to receive witness, if relevant, may be used if the mission an act is required or allowed to claims on its behalf, before midnight Commission finds: (1) That the witness be done at or within a. specified time, August 31, 1955. has died since the deposition was taken; the Commission for cause shown may, at (b) Claims made under section 5 (g) or (2) that the witness is beyond a dis­ any time in its discretion (1) with or of the act will be received by the Com­ tance greater than 100 mile radius of without motion or notice, previous order mission during the period from August Washington, D. C., the designated field or (2) upon motion permit the act to be 21,1954 to (1) August 21,1955, inclusive; office or the designated place of the hear­ done after the expiration of the speci­ (2) one year from the date the civilian ing; or (3) that the witness is unable to fied period where the failure to act was American citizen by whom the claim is attend because of other good cause the result of excusable neglect. filed returned to the jurisdiction of the shown. United States; or, (3) one year from the (g) Interrogatories and cross-interrog­Subchapter B— Receipt, Administration and Pay­ date upon which the Commission, at the atories. Depositions may also be taken ment of Claims Under the War Claims Act of request of a potentially eligible survivor, and submitted on written interrogatories 1948, as Amended makes a determination that the civilian in substantially the same manner as de­ American citizen has actually died or positions taken by oral examinations. P art 505—Filing op Claims and may be presumed to be dead, in the case When a deposition is taken upon inter­ P rocedures Therefor of any civilian American citizen who has Sec. not returned to the jurisdiction of the rogatories and cross-interrogatories, 505.1 Claim defined. none of the parties shall be present or 505.2 Time within which claims may he United States, whichever of the preced­ represented, and no person, other than filed. ing dates last occurred, in accordance the witness, and his representative or at­ 505.3 Official forms. with notice given pursuant to the pro­ torney, a stenographic reporter and the 505.4 Place of filing claims. visions of section 1 (a) of Public Law 615, presiding officer, shall be present at the 505.5 Documents to accompany forms. 83d Congress, approved August 21, 1954. examination of the witness, which fact 505.6 Language for forms and documents, No. 191-— -4 7306 RULES AND REGULATIONS Claims to be accepted must be post­ 1954, to midnight August 31,1955, in ac­ marked before midnight August 21, 1955, person or agency authorized by the Com­ cordance with the notice given pursuant mission to receive claims on its behalf. or one year from the occurrence of the to the provisions of section 103, Public condition provided for by (2) or (3) Law 744, 83d Congress, approved August § 505.5 Documents to accompany above, whichever is applicable, or de­ 31, 1954. Claims to be accepted must be forms. All claims filed pursuant to the livered to the Office of the Foreign postmarked before midnight August 31, provisions of section 5 (a) through (e), Claims Settlement Commission of the 1955, or delivered to the Office of the 5 (g), 6 (e), 15,16 and 17 of the act shali United States, Washington, D. C., to any Foreign Claims Settlement Commission be accompanied by all the evidentiary field office thereof, or to any person or of the United States at Washington, D. C., documents, instruments and records pre­ agency authorized by the Commission to or any field office thereof, or to any per­ scribed in the instructions which ac­ receive claims on its behalf, on the dates son or agency authorized by the Com­ company each type of official form (see set forth above. mission to receive claims on its behalf, § 505.3). If such evidentiary documents, (c) Claims made under section 6 (e) before midnight August 31, 1955. instruments, and records do not accom­ of the act will be received by the pany the claim and are not furnished Commission during the period from § 505.3 Official forms. Official forms within 30 days provided the claimant August 21, 1954 to (1) August 21, 1955, are provided for use in the preparation resides within the continental United inclusive; (2) one year from the date of claims for submission to the Commis­ States or 45 days if the claimant is out­ the prisoner of war by whom the claim sion for processing. Claim forms are side continental United States following is filed returned to the jurisdiction available at the Washington offices of the date of request, the claim may be of the Armed Forces of the United the Commission and through other deemed to have been abandoned and be States; or, (3) one year from the date agencies as the Commission shall desig­ disallowed. upon which the Department of Defense nate. An official form is provided for makes a determination that the prisoner each type of claim that may be made § 505.6 Language for forms and doc­ of war has actualy died or is presumed under all the provisions of sections 5, 6, uments. Official forms shall be prepared to be dead, in the case of any prisoner of 15, 16, and 17 of the War Claims Act of in accordance with the instructions war who has not returned to the juris­ 1948, as amended. The official forms which accompany each type of official diction of the Armed Forces of the provided for use with respect to each form and in the English language, but United States, whichever of the preced­ type of claim under the provisions of evidentiary documents, instrumente, or ing dates last occurred, in accordance these sections are designated and identi­ records, or authenticated copies thereof, with notice given pursuant to the pro­ fied as follows; shall be submitted in the language in visions of section 2 (b) of Public Law (a) For detention benefits by civilian which originally written. 615, 83d Congress, approved August 31, American citizens or their survivors § 505.7 Receipt of claims—(a) Claims 1954. Claims to be accepted must be under sections 5 (a) through (e) of the deemed received. A claim shall be postmarked before midnight August 21, act, as amended by Public Law 744, 83d deemed to have been received by the 1955 or one year from the occurrence Congress, approved August 31, 1954, Commission on the date postmarked, if of the condition provided for by (2) or FCSC Form 560—Application for Deten­ mailed, or if delivery is made in person, (3) above, whichever is applicable, or tion Benefits for Civilian American cit­ on the date when delivered, either at the delivered to the Office of the Foreign izens or their survivors. office of the Commission in Washington, Claims Settlement Commission of the (b) For detention benefits by civilian D. C., at any field office thereof, or with United States, Washington, D. C., to any American citizens in Korea or their sur­ any person or agency authorized by the field office thereof, or to any person or vivors under section 5 (g) of the act, Commission to receive claims on its agency authorized by the Commision to FCSC Form 560—Application for Deten­ behalf. receive claims on its behalf, on the dates tion Benefits for Civilian American citi­ set forth above. (b) Claims developed. In the event zens or their survivors. that a claim has been so prepared as to (d) Claims filed under section 15 of (c) For compensation by Korean pris­ preclude processing thereof, the Com­ the act will be received by the Com­ oners of war or their survivors under mission may request the claimant to mission during the period from August section 6 (e) of the act, FCSC Form 670- furnish whatever supplemental evidence, 31, 1954 to midnight August 31, 1955, in Application for Korean Conflict Prisoner including the completion and execution accordance with the notice given pur­ of War Compensation for members of of an official form, as may be essential suant to the provisions of section 103, the Armed Forces of the United States to the processing thereof. If the evi­ Public Law 744, 83d Congress, approved or their survivors. August 31, 1954. Claims to be accepted dence or official form requested is not re­ (d) For compensation by prisoners of ceived within the time limitations set must be postmarked before midnight war or their survivors under section 15 August 31, 1955, or delivered to the Of­ forth in §§ 505.1 and 505.5, the claim of the act as amended by Public Law 744, may be deemed to have been abandoned fice of the Foreign Claims Settlement 83d Congress, approved August 31, 1954, and be disallowed. Commission of the United States at FCSC Form 672—Application for Pris­ Washington, D. C., to any field office oner of War Benefits as a result of cap­ § 505.8 Failure to note change of ad­ thereof, or to any person or agency au­ ture and internment while serving with dress. If any communication mailed to thorized by the Commission to receive an allied military force. the claimant at the last address fur­ claims on its behalf, before midnight nished to Commission is returned un­ August 31, 1955. (e) For detention benefits by Ameri­ can merchant seamen or their survivors claimed, the claim may be disallowed for (e) Claims filed under section 16 of under section 16 of the act as amended failure of the claimant to keep the Com­ the act will be received by the Commis­ by Public Law 744, 83d Congress, ap­ mission informed of current address. sion during the period from August 31, proved August 31,1954, FCSC Form 570_ Such claims shall thereupon be sent to 1954, to midnight August 31, 1955, in the closed files. accordance with the notice given pur­ Application for Detention Benefits for suant to the provisions of section 103 American Seamen or their survivors. Public Law 744, 83d Congress, approved (f) For reimbursement of sequestered P art 506—P rovisions of G eneral bank deposits and other credits by spe­ Application August 31, 1954. Claims to be accepted cific individuals, corporations, and finan­ Sec. must be postmarked before midnight 506.1 Persons eligible to file claims. August 31,1955, or delivered to the Office cial institutions in the Philippines 506.2 Persons under legal disability. of the Foreign Claims Settlement Com­ under section 17 of the act, FCSC Forms 506.3 Definitions. mission of the United States at Wash­ 1301-1305—Application for the Reim­ ington, D. C., or any field office thereof, bursement of Sequestered Bank Deposits Authority: §§ 506.1 to 506.3 issued under by the Imperial Japanese Government sec. 2, 62 Stat. 1240, as amended; 50 U. S. C. or to any person or agency authorized App. 2001. by the Commission to receive claims on in the Philippines during World War II. its behalf, before midnight August 31 § 505.4 Place of filing claims. Claims § 506.1 Persons eligible to file claims. 1955. * may be submitted to the Office of the Persons eligible to submit claims to the (f) Claims filed under section 17 ofForeign Claims Settlement Commission Commission under the provisions of sec­ the act will be received by the Commis­ of the United States, Washington, D. C., tions 5, 6, 15, 16 or 17 of the act, are: sion during the period from August 31, (a) Civilian American citizens or the or at any field office thereof, or with any survivors of deceased civilian American 7307 Friday, September 30, 1955 FEDERAL REGISTER humous son or daughter of such deceased Sec. citizens, including husbands and parents, 507.6 Membership in the military or naval for detention benefits under the pro­ person; forces of any government allied visions of section 5 (a) through (e) of (2) Any son or daughter of such de­ with the United States. the act, solely by reason of the amend­ ceased person born out of wedlock will 507.6 Military or naval forces of any gov­ ment made by Public Law 744. be deemed to be a child of such deceased ernment allied with the United (b) Civilian American citizens in for the purposes of this act, if, (i) legit­ States. imated by a subsequent marriage of the 507.7 Hostile force. Korea or the survivors of deceased civil­ 507.8 Subsequent to December 7,1941. ian American citizens, including hus­ parents, (ii) recognized as a child of the 507.9 Subsequent to June 25, 1950. bands and parents, under the provisions deceased by his or her admission, or 507.10 Prior to August 21, 1954. of section 5 (g) of the act. (iii) so declared by an order or decree 507.11 The Geneva Convention. (c) Korean prisoners of war or the of any court of competent jurisdiction. 507.12 Obligation of and failure to abide survivors of deceased prisoners of war, (d) Parent. (1) (i) A "parent” is the by the standards established by including husbands, under the provisions natural or adoptive father or mother the Geneva Convention. of a deceased prisoner of war, civilian 507.13 Equal in quantity and quality. of section 6 (e) of the act. 507.14 Base camp. (d) American prisoners of war serv­ American citizen, American merchant 507.15 Violation of the obligation of the ing with allied forces or the survivors of seaman, or any person standing in loco Geneva Convention. deceased American prisoners of war, in­ parentis to such deceased person, for a 507.16 Survivors entitled to award of com­ cluding husbands, for detention benefits period of not less than one year immedi­ pensation. under the provisions of section 15 of the ately preceding the date of his entry into active service and during at least Subpart B— Interned Civilian American Citizens act. and Merchant Seamen Detention Benefits (e) American citizens who were serv­ one year of his minority. Not more than ing as merchant seamen or the survivors one mother and/or father as defined 507.30 Persons entitled to award of deten­ Shall be recognized in any case. A per­ tion benefits. of deceased merchant seamen, including 507.31 Term “being then” defined. husbands and parents, for detention son will not be recognized as standing in 507.32 Citizen of the United States. benefits under the provisions of section loco parentis if the natural parents or 507.33 Captured by. 16 of the act. . adoptive parents are living, unless there 507.34 On or after December 7, 1941. (f) Individuals, or the survivors of is affirmative evidence of abandonment 507.35 Subsequent to December 6, 1941. such individuals, American-owned busi­ and renunciation of parental duties and 507.36 On or after June 25, 1950. ness firms, or banks and other financial obligations by the natural or adoptive 507.37 Subsequent to June 25, 1950. institutions for reimbursement of se­ parent or parents prior to entry into 507.38 Prior to August 21, 1954. active service by the deceased prisoner 507.39 Such government. questered bank accounts or other credits 507.40 Such hostile force. under section 17 of the act. of war, or prior to internment of the 507.41 In transit to or from. (g) Surviving husbands of deceased deceased civilian American citizen or 507.42 Any such place. American prisoners of war under sections American merchant seaman. 507.43 Went into hiding. 6 (b) and (d) of the act as amended by (ii) An award in the full amount al­ 507.44 Rate of detention benefits. Public Law 744, 83d Congress, Approved lowable had the deceased prisoner of war, 507.45 Calendar month. civilian American citizen, or American 507.46 Less than eighteen years of age. August 31, 1954, who were deemed in­ 507.47 Survivors entitled to award of de­ eligible by reason of dependency prior to merchant seaman, survived may be made to only one parent when it is shown that tention benefits. enactment to such law. the other parent has died or if there is 507.48 Persons not entitled to award of de­ § 506.2 Persons under legal disability. tention benefits. affirmative evidence of abandonment and 507.49 Voluntarily. (a) Claims may be submitted on behalf renunciation of parental duties and ob­ 507.50 Knowingly. of persons who, being otherwise eligible ligations by the other parent. 507.51 Without duress. to make claims under the provisions of (2) The father of an illegitimate child 507.52 Collaborated with. sections 5 (a) through (e), 5 (g), 6 (e) will not be recognized as such for pur­ 507.53 Gave aid to. and 15, 16 and 17 of the act, are incom­ poses of the act unless evidence estab­ 507.54 In any manner served. petent or otherwise under any legal dis­ lishes that (i) he has legitimated the Subpart C— Reimbursement to Individuals, Part­ ability, by the natural or legal guardian, child by subsequent marriage with the nerships, Firms, Corporations, Banks, and Other committee, conservator, curator, or any mother; (ii) recognized the child as his Legal Entities or Financial Institutions for other person including the spouse of by written admission prior to enlistment Sequestered Bank Accounts such claimant, whom the Commission of the deceased in the armed forces, or 507.100 Eligibles. may determine is vested with the care internment in the case of a civilian 507.101 Individuals. of the claimant or his estate. American citizen or American merchant 507.102 Members of the military or naval (b) Upon the death of any individual seaman; (iii) or prior to death of the forces of the United States. for which an award has been made, the child he has been declared by decree of a 507.103 Nationals of the United States. Commission may consider the initial court of competent jurisdiction to be the 507.104 Survivors of individuals. 507.105 American-owned business firms. application filed by or in behalf of the father. , .. decedent as an informal claim for the 507.106 Banks and other financial institu­ (e) Natural guardian. The father tions. purpose of reissuing the award to the and mother shall be deemed to be the 507.107 Sequestration of accounts, deposits, next eligible survivor in the order of natural guardians of the person of their or other credits. preference as set forth in sections 5 (d), minor children. If either dies or is in­ 507.108 Reestablished sequestered accounts, 5 (g) and 6 (c) of the act. capable of acting, the natural guardian­ deposits, or other credits. 507.109 Accounts, deposits, or other credits. § 506.3 Definition—(a) Widow. A ship of the person shall devolve upon 507.110 Ownership. “widow” is the surviving female spouse the other. In the event of death or in­ 507.111 Payment of claims. of a deceased prisoner of war or a de­ capacity of‘both parents then such blood 507.112 Individuals not eligible for reim­ ceased civilian American citizen who relative, paternal or maternal, standing bursement. was married to the deceased at the time in loco parentis to the minor shall be 507.113 Voluntarily, knowingly, and with­ of his death by a marriage valid under deemed the natural guardian. out duress. the applicable law of the place where 507.114 Collaborated with. 507.115 Gave aid to. entered into. 507.116 In any manner served. (b) Husband. A “husband” is the P art 507—Entitlement to Award 507.117 Government hostile to the United surviving male spouse of a deceased pris­ Subpart A— Prisoner of War Compensation States during World War II. oner of war or of a deceased civilian S6C. A u t h o r it y : §§ 507.1 to 507.117 issued American citizen who was married to 507.1 Persons entitled to award of com­ under sec. 2, 62 Stat. 1240, as amended; 50 the deceased at the time of her death by pensation. U. S. C. App. 2001. a marriage valid under the applicable 507.2 Rate of and basis for award of com­ law of the place where entered into. pensation. SUBPART A— PRISONER OF WAR (c) Child. (1) A “child” is a natural 507.3 Membership In the military or naval COMPENSATION or adopted son or daughter of a deceased forces of the United States. § 507.1 Persons entitled to award of prisoner of war or a deceased civilian 507.4 Military or naval forces of the United compensation, (a) Persons in tlie fol* American citizen, including any post­ States. 7308 RULES AND REGULATIONS lowing categories who make claim may Coast Guard; commissioned officers of be entitled to an award of compensa­ the United States Public Health Service Convention is the responsibility assumed tion as a prisoner of war: (1) Any who were detailed for active duty with by the contracting parties thereto, with regularly appointed, enrolled, enlisted, respect to prisoners of war within the the Army, Navy, Marine Corps or Coast meaning of the Convention, to comply or inducted member of the military or Guard; commissioned officers of the naval forces of the United States who United States Coast and Geodetic Sur­ with and to fully observe the provisions was held as a prisoner of war for any vey who were assigned to duty during of the Convention, and particularly those period of time subsequent to June 25, World War II, or for any period of time articles relating to food ration of pris­ 1950, by any hostile force with which subsequent to June 25, 1950 and prior oner of war, humane treatment, protec­ the Armed Forces of the United States to August 21, 1954 on projects of the tion, and labor of prisoners of war, and were actually engaged in armed con­ War and Navy Departments outside the the failure to abide by the standards flict subsequent to such date and prior continental United States. established in such Convention by any to August 21, 1954; and (2) any in­ hostile force with which the Armed dividual who, being then an American § 507.5 Membership in the military or Forces of the United States were en­ citizen, served in the military or naval naval forces of any government allied gaged in armed conflict subsequent to forces of any government allied with with the United States. Membership in June 25, 1950. the United States during World War II the military or naval forces of any gov­ § 507.13 Equal in quantity and qual­ who was held as a prisoner of war for ernment allied with the United States ity. “Equal in quantity and quality” any period of time subsequent to De­ shall be established either by: means food that is equal in amount and cember 7, 1941 by any government of (a) Certification by the military or volume, and in edibility, palatability, and any nation with which such allied gov­ naval force of any government allied nutritional value to a standard ration ernment has been at war subsequent to with the United States; prescribed by the detaining power for such date: (b) Authenticated statement by the issue to its own military or naval person­ (b) With respect to any of whom the Embassy or consulate representatives of nel at its own base camps. enemy government or hostile force by such allied government; which he was held as a prisoner of war (c) Certification by the Department § 507.14 Base camp. “Base camp” (1) failed to abide by the standards re­ of Defense; or means a permanent military establish­ lating to the quantity and quality of (d) Certification by the State Depart­ ment used by the detaining power to pro­ food to be furnished as a prisoner of ment, or by any other agency of the vide quarters for components of its own war under the terms of the Geneva Con­ United States Government. regularly established military or naval vention of July 27, 1929; or (2) failed forces, and for the purposes of this part, to abide by the standards relating to § 507.6 Military or naval forces of shall be deemed to include only camps humane treatment to be accorded any government allied with the United at which a standard ration or stand­ prisoners of war and the standards gov­ States. “Military or naval forces of any ard quarters were prescribed by the de­ erning labor of prisoners of war set government allied with the United taining power for issue or allotment to forth in the Geneva Convention of States” means the Army, Navy, Air its own regularly established military July 27, 1929. Corps, Marine Corps, and any other or naval forces. organized military force of any govern­ § 507.2 Rate of and basis for award ment in which an alliance existed be­ § 507.15 Violation of the obligation of of compensation, (a) Compensation al­ tween such government and the United the Geneva Convention. For the pur­ lowed a prisoner of war under sections States during World War n, or the mili­ poses of this part, the obligation of the and 6 (e) (2) of the act will be paid tary or naval forces of any government Geneva Convention shall be deemed to at the rate of $1 per day for each day he which has been exiled or outlawed by the have been violated by the enemy govern­ was held as a prisoner of war on which Axis Powers who contributed to the war ment each day: the enemy government or a hostile force effort of the United States and the Allied (a) That it did not furnish prisoners failed to furnish him such quantity or Governments. of war within the meaning of this act quality of food in accordance with the and the Geneva Convention with food standards established under the terms of § 507.7 Hostile force. “Hostile force” of like quantity or quality as that pre­ the Geneva Convention of July 27, 1929. means any military or naval force with scribed by the detaining power as a (b) Compensation allowed a prisoner which the Armed Forces of the United standard ration for issue to its own reg­ of war under the terms of section 6 (d) States were actually engaged in armed ularly established military or naval and 6 (e) (3) of the act, will be paid at conflict subsequent to June 25, 1950, and forces at its own base camps. the rate of not to exceed $1.50 for each prior to August 21, 1954. Cb) That it compelled prisoners of day that he was held as a prisoner of § 507.8 Subsequent to December 7, war to perform labor and failed to war on which the enemy government 1941. “Subsequent to December 7, comply with the standards prescribed in subjected him to inhumane treatment 1941,” means any time following 12:00 the labor provisions of the Geneva Con­ and/or compelled him to- engage in labor o’clock midnight, December 7, 1941. vention of July 27, 1929, including those contrary to the standards established listed in subparagraphs (1) to (13) of under the provisions of the Geneva Con­ § 507.9 Subsequent to June 25, 1950. this paragraph but not excluding any vention of July 27, 1929. “Subsequent to June 25, 1950,” means provision which may be appropriately (c) Any amount allowed under sec­ any time following 12:00 o’clock mid­ applied. tions 6 (b) and 6 (d) to any American night, June 25, 1950. (1) The labor of able prisoners of citizen who served in the military or § 507.10 Prior to August 21, 1954. war, if utilized, should have been utilized naval forces of a government allied with “Prior to August 21, 1954,” means any by the detaining power only in accord­ the United States during World War II, time prior to 12:00 o’clock midnight, ance with their rank and aptitude, offi­ shall be reduced by such sum as thé August 20, 1954. cers and persons of equivalent status individual entitled to compensation un- excepted. der section 15 of the act has received or § 507.11 The Geneva Convention. (2) Non-commissioned officers should is entitled to receive from any govern­ The Geneva Convention is the "Conven­ have been required to do only super­ ment by reason of the same detention. tion of July 27, 1929, Relative to The visory work, unless they expressly re­ Treatment of Prisoners of War” entered quested remunerative work. § 507.3 Membership in the military into between the United States and other (3) Prisoners of war who were vic­ or naval forces of the United States powers at Geneva, Switzerland, on July tims of accidents in connection with Regular appointment, enrollment, enlist­ 27, 1929, to the observance of which, their work were entitled to the provi­ ment or induction in the military or among other signatory powers, the naval forces of the United States shall sions applicable to laborers of the same United States, Germany, Italy, Hungary, class according to the legislation of the be established by certification of the Bulgaria, Thailand, and Japan subse­ Department of Defense. quently became bound. detaining power, and if no such legisla­ tion existed, all proper measures to § 507.4 Military or naval forces of the United States. - “Military or naval forces § 507.12 Obligation of and failure to equitably indemnify the victims should of the United States” means the United abide by the standards established by the have been taken. States Army, Navy, Marine Corps and Geneva Convention. For the purposes of (4) The detaining power had full re­ this part, the obligation of the Geneva sponsibility for the maintenance, care, 7309 Friday, September 30, 1955 FEDERAL REGISTER (9) In order to insure service in offi­ treatment and payment of wages of violence, insults and public curiosity. Measures of reprisal against them should cers camps, soldiers of the same army prisoners of war working for private who were prisoners of war and, wherever persons. ' . . have been prohibited. (5) No prisoner of war should have (2) Prisoners of war should have had possible, who spoke the same language, their person and their honor respected. should have been assigned thereto, in been employed at labor for which he sufficient numbers, considering the rank was physically unfit. Women should have been treated with (6) The length of a day’s work of all the regard due to their sex. Pris­ of the officers and persons equivalent in prisoners of war, including the trip go­ oners were entitled to retain their full st situs ing and returning, should not have been civil status. (10) With respect to arrest of a pris­ excessive and should not, in any case, (3) Prisoners of war should have oner of war for disciplinary punishment have exceeded that customary for civil­ been evacuated within the shortest pos­ the duration of a single punishment sible period after their capture, to de­ should not have exceeded 30 days. ian workers in the region employed at (i) The maximum of 30 days should the same work. pots located in regions far enough from (7) Every prisoner of war should have the zone of combat for them to be out not have been exceeded in the case of of danger. several acts for which the prisoner was been allowed a rest period of 24 consecu­ required to undergo discipline at the tive hours every week. (i) Only those prisoners who, because (8) Labor furnished by prisoners of of wounds or sickness, would have been time when it was ordered for him war should not have had any direct re­ exposed to greater risks by such evacu­ whether or not such acts were lation with war operations, especially ation than by remaining may have been connected. in manufacturing or transporting arms temporarily kept in a dangerous zone. (11) When, during, or after the end of (ii) Prisoners of war should not have the period of arrest, the prisoner had a or munitions of any kind, or in trans­ been needlessly exposed to danger while new disciplinary punishment imposed on porting material intended for combat awaiting their evacuation from a com­ him, a space of at least 3 days should units. , . . . bat zone. have separated each of the periods of (9) Prisoners of war should not have (iii) Evacuation of prisoners on foot arrest, if any one of them for a period been employed at unhealthful or dan­ should normally have been effected only of 10 days or more. gerous work; the conditions of labor in stages of 20 kilometers per day, un­ (11) In no case should prisoners of should not have been aggravated by dis­ less the necessity for reaching water and war have been transferred to peniten­ ciplinary measures. food depots required longer stages. tiary establishments for the purpose of (10) Labor detachments should have (4) Prisoners of war should have been disciplinary punishment. worked only under conditions similar to lodged in ouildings or in barracks af­ (12) The quarters in which prisoners the standards fixed for prisoner of war fording all possible guarantees of hy­ of war were subjected to disciplinary camps, particularly with respect to san­ giene and healthfulness. punishment should have conformed to itary conditions, food, attention in case (i) The quarters of prisoners of war sanitary requirements set out in the of accident or sickness, correspondence should have been fully protected from Convention. and the receipt of packages. dampness, sufficiently heated and (13) Prisoners subjected to discipli­ (11) Prisoners of war were not entitled lighted. All precautions should have nary punishment should have been af­ to receive wages for work connected with been taken against fire hazards. - forded the opportunity to keep them­ the administration, management and (ii) If dormitories were used, the total selves clean and should have been maintenance of prisoners of war camps. surface minimum cubic amount of air, allowed to exercise or stay in the open (12) Prisoners of war utilized for other arrangement, material of bedding, and air for a period of at least two hours work were entitled to wages in amounts other conditions, should have met the during each day under such punish­ prescribed through agreement between standards established for troops at base ment. belligerents. camps of the detaining power. (14) Prisoners of war subjected to dis­ (i) Such agreements should have (5) Clothing, linens and footwear ciplinary punishment should have been specified the portion which was to be should have been furnished to prisoners allowed to read and write as well as to retained by the camp administration, the of war by the detaining power. Re­ send and receive letters. Packages and amount which was to be paid "to the placement and repair of such effects money for prisoners of war subjected to prisoner of war, and the manner in which should have been accomplished regu­ disciplinary punishment may have been that amount was to be put at his disposal larly, in addition, laborers should have withheld until the expiration of such during the period of his captivity. received work clothes wherever required punishment. (ii) In the absence of such agreement, by the nature of the work. § 507.16 Survivors entitled to award work done for the detaining power should (6) Canteens should have been in­ of compensation. In the case of the have been paid for in accordance with stalled in all camps where prisoners of death of a prisoner of war who would the rates in force for soldiers of the war could obtain, at the local market have been entitled to an award of com­ national army doing the same work, or price, food products and ordinary ob­ pensation under sections 6 (e) and 15 if none existed, according to a rate in jects. Profits made by such canteens of the act, such compensation shall be harmony with the work performed. for camp administrations should have awarded to, and if claim is made only to, (iii) Work performed for the account been used for the benefit of prisoners. the following persons: (a) Widow or of other public administrations or for (7) The detaining powers should have husband if there is no child or children private persons, should have been paid taken all sanitary measures necessary to of the deceased; (b) widow or husband for as regulated by agreement with the insure the cleanliness and healthfulness and child or children of the deceased, military authority. of the camps and to prevent epidemics. one-half to the widow or husband and (13) The proceeds of wages remaining (i) Prisoners of war were entitled to the other half to the child or children of to the credit of a prisoner of war should have at their disposal, day and night, the deceased in equal shares; (c) child have been delivered to him at the end installations conforming to sanitary or children of the deceased (in equal of his captivity, and in the event of his rules and constantly maintained in a shares) if there is no widow or husband; death, should have been forwarded state of cleanliness. and (d) parents (in equal shares) if through diplomatic channels to his heirs. (ii) Without prejudice to baths and there is no widow, husband, or child. (c) That it failed to accord to prison­ showers, with which the camp should ers of war humane treatment as required have been as well provided as possible, SUBPART B— INTERNED CIVILIAN AMERICAN by the standards prescribed in the pro­ prisoners should have been furnished CITIZENS AND MERCHANT SEAMEN DETEN­ visions of the Geneva Convention of sufficient quantity of water for the care TION BENEFITS July 27, 1929, including those listed in of their own bodily cleanliness. § 507.30 Persons entitled to award of subparagraphs (1) to (14) of this para­ (iii) Provisions should have been detention benefits, (a) Any civilian graph but not excluding any provisions made for prisoners of war to take physi­ American citizen who, being then a citi­ relating to humane treatment which may cal exercise and to enjoy the open air. zen of the United States, was captured be appropriately applied. (8) Officers and persons of equivalent by the Imperial Japanese government on (1) Prisoners of war should at all status as prisoners of war should have or after December 7, 1941, at Midway, times have been humanely treated and been treated with due regard to their Guam, Wake Island, the Philippine protected, particularly against acts of rank and age. 7310 RULES AND REGULATIONS Islands, or any Territory or possession however published, directing him to merchant seaman will be paid at the of the United States attacked or invaded restrict his freedom of movement. by such government, or while in transit rate of $60.00 for each calendar month to or from any such place (referred to § 507.34 On or after December 7,1941. of internment during which such person in this subpart as “internee”) or who “On or after December 7, 1941”, means was at least eighteen years of age and went into hiding at any such place in any time subsequent to 12:00 o’clock at the rate of $25.00 for each calendar order to avoid capture or internment midnight of December 6, 1941. month of internment during which such (referred to in this subpart as an § 507.35 Subsequent to December 6, person was less than eighteen years of “evader”) by such government; 1941. “Subsequent to December 6, age. Awards shall take account of frac­ (b) Any individual being then a citi­ 1941” means any time subsequent to tional parts of a calendar month. zen of the United States on and after 12:00 o’clock midnight of December 6. § 507.45 Calendar month. “Calendar December 7, 1941, to the date of his 1941. month” means the period of time be­ death or the date of filing a claim, who tween a designated day of any given was then employed as a seaman or crew I 507.36 On or after June 25, 1950. month and the date preceding a similarly member on any vessel registered under On or after June 25, 1950” means any designated day of the following month. the laws of the United States, or under time subsequent to 12:00 o’clock mid­ the laws of any government friendly to night of June 24, 1950. § 507.46 Less than eighteen years of the United States during World War II, § 507.37 Subsequent to June 25,1950. age. A civilian American citizen shall was captured or interned or held by thé “Subsequent to June 25, 1950” means be deemed to have been less than Governments of Germany and Japan any time subsequent to 12:00 o’clock eighteen years of age at any time prior for any period of time subsequent to midnight of June 25, 1950. to 12:01 a. m. of the date on which such December 7, 1941, during which he was person would have attained his eight­ held by either government as a prisoner, § 507.38 Prior to August 21, 1954. eenth birthday. internee, hostage, or in any other capac­ “Prior to August 21, 1954”, means any § 507.47 Survivors entitled to award ity except any such individual who is time before midnight of August 20, 1954. of detention benefits. In the case of the entitled to, or who has received benefits § 507.39 Such government. “Such death of a civilian American citizen who under Section 5 of the act as a “civilian government” means: (a) the Imperial would have been entitled to detention American citizen”; Japanese government or any agent or benefits under the act, such benefits shall (c) Any civilian American citizen employee thereof who in the Philippine be awarded if claim is made only to the who, being then a citizen of the United Islands or other such place subsequent to following persons: (a) Widow or hus­ States, was captured in Korea on or December 7,1941; or (b) the government band if there is no child or children of after June 25, 1950, by any hostile force of Germany or any agent or employee the deceased; (b) widow or husband and with which the Armed Forces of the who was engaged in any military or civil child or children of the deceased, one- United States were actually engaged in activities designed to further the prose­ half to the widow or husband and the armed conflict subsequent to such date cution of its war against the United other half to the child or children in and prior to August 21,1954, or who went States. equal shares; and (c) child or children into hiding in Korea to avoid capture of the deceased (in equal shares) if there or internment by any such hostile force, § 507.40 Such hostile force. “Such is no widow or husband; (d) parents (in and who makes claim is a person entitled hostile force” means any hostile force equal shares) if there is no husband, or to an award of detention benefits. with which the Armed Forces of the child. United States were actually engaged in § 507.31 Term ‘‘being then” defined. armed conflict or any agent or employee § 507.48 Persons not entitled to award “Being then” as used in the phrase “be­ thereof, who, in Korea, on or after June of detention benefits. Certain persons ing then a citizen of the United States” 25, 1950, and prior to August 21, 1954, are disqualified for an award of deten­ means (a) in the case of an internee, the engaged in any military or civil activi­ tion benefits as follows: date upon which he was captured by the ties designed to further the prosecution (a) (1) A person who at any time vol­ Imperial Japanese Government (b) in of its armed conflict against the Armed untarily gave aid to, or collaborated with, the case of an evader, the date upon Forces of the United States. or in any manner served the Imperial which he initiated a course of conduct Japanese government, or intended to effect an evasion of capture § 507.41 In transit to or from. A (2) Any merchant seaman, or his sur­ or interment by such government, or (c) civilian American citizen shall be deemed vivor or survivors, who, voluntarily, in the case of a child born of an evader to have been in transit to or from any knowingly, and without duress, gave aid or internee on or after December 7,1941, such place when he was traveling by sea to or collaborated with or in any manner the date of birth of such child, (d) any or by air aboard a public, private, or served any government hostile to the individual described in § 507.30 (b) government carrier in any capacity, the United States during World War II. must have continued to retain his United destination of which carrier was, or the (3) A person who at any time volun­ Slates citizenship status on the date of itinerary of which included calls at Mid­ tarily, knowingly, and without duress, his death or the date of filing a claim way, Guam, Wake Island, the Philippine gave aid to or collaborated with or in any under section 16 of the act. Islands, Alaska, or any other Territory or possession of the United States at­ manner served any hostile force with § 507.32 Citizen of the United States. tacked or invaded by such government, which the Armed Forces of the United Citizen of the United States” means a or which has taken a departure from States were actually engaged in armed person who under applicable law ac­ any such place. conflict on or after June 25, 1950 and quired citizenship of the United States prior to August 21, 1954. by birth, by naturalization, or by § 507.42 Any such place. “Any such (b) A person who at the time of cap­ derivation. place” means Midway, Guam, Wake ture or entrance into hiding was a regu­ Island, the Philippine Islands, Alaska, larly appointed, enrolled, enlisted, or § 507.33 Captured by. A civilian or any Territory or possession of the inducted member of any military or naval American citizen or an American mer­ United States attacked or invaded by force. chant seaman shall be deemed to have such government. been captured by the Imperial Japanese § 507.49 Voluntarily. “Voluntarily” Government, the Government of Ger­ § 507.43 Went into hiding. A civilian means to have acted freely and willingly, many, or by any hostile force with which American citizen shall be deemed to have without coercion, duress or constraint the Armed Forces of the United States entered into hiding to avoid capture or and without imminent peril of substan­ were engaged in armed conflict, at the internment by the Imperial Japanese tial punitive action against the person. time when, by reason of any act of such Government or a hostile force when he § 507.50 Knowingly. “Knowingly” governments or hostile force or any agent initiated a course of conduct consistent means to have acted consciously, inten­ thereof, he was taken into actual or con­ with an intention to evade such capture or detention. tionally, and with actual knowledge of structive custody by such government, the performance of the act. whether by forceable seizure and deten­ § 507.44 Rate of detention benefits. § 507.51 Without duress. “Without tion or by his compliance with any order Detention benefits awarded a civilian of such government or hostile force, duress” means to have acted freely and American citizen or an American citizen without unlawful restraint. 7311 Friday, September 30, 1955 FEDERAL REGISTER equivalent held as an account, deposit, § 507.52 Collaborated with. A civil­ 5 507.104 Survivors of individuals. In the case of death of any individual in trust, or held upon any agreement by ian American citizen shall be deemed to any bank or financial institution doing have collaborated with such government defined in § 507.101, who would have been entitled to payment of any claim business in the Philippine Islands for any when he so acted as to give aid or assist­ individual or American-owned business ance to such government whether mili­ under section 17 of the Act, if living, pay­ ment of such claim shall be made to the firm which was subjected to the seques­ tary political, intellectual or economic in tration orders of the Imperial Japanese nature, with or without adherence to individuals specified in the following such government, • and when such acts order of preference: (a) Widow or hus­ Government. were not such as to be within the duty of band if there is no child or children of § 507.110 Ownership. “Ownership”, obedience which inhabitants of occupied the deceased; (b) widow or husband and for the purpose of this part means that territory owe the military occupant, child or children of the deceased, one- in excess of 50 per centum of any part­ under recognized international law. half to the child or children of the de­ nership, firm, corporation, or other legal ceased in equal shares; (c) child or entity eligible to file claims under section § 507.53 Gave aid to. A civilian children of the deceased in equal shares 17 of the act, must have been vested in American citizen shall be deemed to have if there is no widow or husband; and individuals defined in § 507.101, directly given aid to such government when by an (d) parents (in equal shares) if there is or indirectly, both on December 7, 1941 overt act on his part he furthered the no widow, husband or child. hostile designs of such government or and on August 31,1954. strengthened or tended to strengthen § 507T105 American-owned business § 507.111 Payment of claims. Each such government in the prosecution of its firms. American-owned business firms claim allowed under section 17 of the war against the United States. : means any partnership, corporation or act will be paid as follows: (a) Awards any other legal entity in which more equal to or less than $500 shall be paid § 507.54 In any manner served. A ci­ than 50 per centUm of the ownership was immediately upon determination of the vilian American citizen shall be deemed vested, directly ôr indirectly, in individ­ amount found to be due, (b) awards in to have in some manner served such uals described in § 507.101. excess of $500 shall be paid in two in­ government when he performed any stallments. The first installment shall service for such government which aided § 507.106 BankSs. and other financial institutions. “Banks and other finan­ be in an amount equal to $500 plus 66% or tended to aid it, or which anticipated per centum of any amount allowable in its desires, or which furthered or imple­ cial institutions” means any bank, in­ stitution, company, organization, part­ excess of $500. The last installment mented its ends and purposes, and which shall be computed as of September 1, was beyond services to which such gov­ nership, corporation, or association, a substantial portion of whose business is 1956, and in the event there are sufficient ernment was entitled to demand or re­ funds remaining in the War Claims Fund quire as transactions in the ordinary dealing in money, handling of active ac­ counts, savings accounts, investment and on such date, the unpaid portion of the course of civil society as a military oc­ award will be paid in full. If the sums cupant.^ management of funds, buying and dis­ counting commercial paper, and other remaining in the Fund on September 1, SUBPART C— REIMBURSEMENT TO INDIVIDUALS, monetary transactions, doing business in 1956, are not sufficient to satisfy such PARTNERSHIPS, FIRMS, CORPORATIONS, the Philippine Islands which reestab­ award the final installment payable on BANKS, AND OTHER LEGAL ENTITIES OR FI­ lished the sequestered accounts, deposits each award shall be reduced ratably ^and NANCIAL INSTITUTIONS FOR SEQUESTERED or other credits of individuals and paid at the reduced amount. * BANK ACCOUNTS American-owned business firms in which § 507.112 Individuals not eligible for m § 507.100 Eligibles. (a) Any individual more than 50 per centum of the owner­ reimbursement. No payment of an I who was a member of the military or ship was vested directly or indirectly, award made under section 17 of the act naval forces of the United States, or is both on December 7, 1941, and on the shall be paid to any individual who vol­ a national of the United States; (b) date of reestablishment of such seques­ untarily, knowingly, and without duress, American-owned business firms; (c) tered accounts in individuals referred gave aid to or collaborated with or in any Banks, and other financial institutions. to in § 507.101. manner served any government hostile § 507.101 Individuals. The term “in­ § 507.107 Sequestration of accounts, to the United States during World War dividuals” as used in this part shall in­ deposits, or other credits. “Sequestra­ II. clude (a) persons, who on or after De­ tion of accounts, deposits, or other cred­ § 507.113 Voluntarily, knowingly, and cember 7, 1941, were members of the its” means the seizure or transfer of such without duress. “Voluntarily, knowing­ military or naval forces of the United accounts, deposits, or other credits held ly, and without duress” means to have States, and (b) persons who, on Decem­ by banks or other financial institutions acted freely and willingly, without ber 7,1941 and on August 31, 1954, were of individuals and American-owned coercion, duress, or constraint and with­ nationals of the United States. business firms, by the Imperial Japanese out imminent peril of substantial puni­ § 507.102 Mehnbers of the military or Government pursuant to Japanese Mili­ tive action against the person. naval forces of the United States. Mem­ tary Ordinance No. 1 dated June 25,1942 § 507.114 Collaborated with. An in­ bers of the armed forces of the United and “ZAI” Order No. 257 on October 4, dividual shall be deemed to have collab­ States shall mean any regularly ap­ 1943. orated with such Government when he pointed, enrolled, enlisted, or inducted § 507.108 Re-established sequestered so acted as to give aid or assistance to members of the military or naval forces accounts, deposits or other credits. “Re­ such government whether military, of the United States, Army, Navy, Ma­ established sequestered accounts, depos­ political, intellectual or economic in na­ rine Corps and Coast Guard; commis­ its or other credits” means the rein­ ture, with or without adherence to such sioned officers of the United States Pub­ statement, in whole or in part of all government, and when such acts were lic Health Service who were detailed for credits standing on the books of any not such as to be within the duty of active duty with the Army, Navy, Marine bank or financial institution on January obedience which inhabitants of occupied Corps or Coast Guard; commissioned 2, 1942, or at the time of sequestration territory owe the military occupant, officers of the United States Coast and whichever date is applicable; that such under recognized international law. Geodetic Survey who were assigned to bank or financial institution satisfies the § 507.115 Gave aid to. An individual duty during World War II on projects Commission that it has made delivery shall be deemed to have given aid to such of the War and Navy Departments out­ or is under a legal obligation to make Government when by an overt act on his side the continental United States. delivery to the depositor or other credi­ part he furthered the hostile designs of tor; and that there is a reasonable such government or strengthened or § 507.103 Nationals of the United likelihood that the bank or financial tended to strengthen such government States. “Nationals of the United States” institution will be called upon to pay the in the prosecution of its war against the means any person who under applicable obligation so reflected by its records. United States. < law is a citizen of the United States, or a person who, though not a citizen of § 507.109 Accounts, deposits, or other § 507.116 In any manner served. An credits. “Accounts, deposits, or other individual shall be deemed to have in the United States, owes permanent al­ some manner served such government legiance to the United States. credits” means any sum of money or its 7312 RULES AND REGULATIONS when he performed any service for such may, in the discretion of the Commission, government which aided or tended to stricken from the hearing calendar and be paid for the use of the claimant to in cases of partial allowance the award aid it, or which anticipated its desires, the natural or legal guardian, commit­ or which furthered or implemented its shall be certified to the Secretary of the tee, conservator or curator, or if there is Treasury for payment. ends and purposes, and which was be­ no such natural or legal guardian, com­ yond services to which such government mittee, conservator or curator then, in § 525.3 When held. Hearings shall was entitled to demand or require as the discretion of the Commission, to any held only as ordered by the Commission transactions in the ordinary course of person, including the spouse of such per­ and shall be held before the Commis­ civil society as a military occupant. son, or the Chief Officer of the hospital sion, one or more of its members, or a § 507.117 Government hostile to the in which the claimant may be a patient, duly authorized and designated repré­ United States during World War II. whom the Commission may determine is sentative. “Government hostile to the United vested with the care of the claimant or § 525.4 Purpose of hearings. Such States during World War II” means any of his estate. In the case of a minor, hearings shall be conducted for the pur­ government of any nation with which any part of the amount payable may, in pose of receiving the testimony of wit­ the United States has been at war subse­ the discretion of the Commission, be nesses, documents and other data relat­ quent to December 7, 1941, or any gov­ paid to such minor. ing to subjects within the jurisdictions ernment which declared war on the (d) Payments to individuals, partner­of the Commission. ' United States on or after December 7. ships, firms, corporations, hanks, or other 1941. legal entities and financial institutions. § 525.5 Conduct of hearings, (a) Un­ Any award made under section 17 of the less otherwise ordered by the Commis­ act to an individual or his survivors de­ sion, such hearings shall be public. P art 515—Payment ' Sec. scribed therein, or to any partnership Hearings shall be stenographically re­ 515.1 The War Claims Fund. firm, corporation, bank, or other legal ported and a transcript thereof shall be 515.2 Payments under the War Claims Act. entities and financial institutions, will a part of the record. 515.3 Relssuance of awards. be certified to the Secretary of the (b) The rules of evidence prevailing 515.4 Payment of fees. Treasury for payment to the individual in courts of law and equity shall not be controlling. Any testimony or other evi­ A u t h o r i t y : §§ 515.1 to 515.4 issued under or partnership, firm, corporation, bank, Sec. 2, 62 Stat. 1240, as amended; 50 U. S. C„ or other legal entities and financial in­ dence having probative value shall be App. 2001. stitutions entitled thereto, except that received. However, it shall be the policy as to individuals under legal disability, to exclude irrelevant, incompetent, im­ § 515.1 The War Claims Fund. payment will be made pursuant to para­ material or unduly repetitious evidence. There is created on the books of the graph (c) of this section. Treasury of the United States, a trust fund known as the War Claims Fund, § 515.3 Reissuance of awards. Upon Subchapfer C— Receipt, Administration and Pay­ which consists of all sums covered into the death of any individual described in ment of Claims Under the International Claims the Treasury pursuant to the provisions § 515.2 (a) and (b) or an individual en­ Settlement Act of 1949, as Amended of section 39 of the Trading With the titled to payment of a claim under sec­ P art 531—F iling op Claims and Enemy Act of October 6, 1917 (40 Stat. tion 17 of the act, the Commission may P rocedures Therefor 411), as amended, the monies of which reissue the award to the next eligible Sec. fund are available for expenditure as survivor in the order of preference as 531.1 Time for filing. provided in other sections of the War set forth in sections 5 (d), 5 (g) and 6 531.2 Form and content. 531.3 Exhibits and documents in support of Claims Act. (c) of the act. claim. § 515.2 Payments under the War § 515.4 Payment of fees. Fees of at­ 531.4 Acknowledgement and numbering. Claifris Act. (a) Living prisoners of war, torneys or agents will not be deducted in 531.5 Procedure for determination of claims. living civilian American citizens, or whole or in part from the amount 531.6 Hearings. living American merchant seamen. Any awarded to any claimant. The Commis­ Authority: § 531.1 to 531.6 issued under award made to a living prisoner of war sion reserves the right to withhold cer­ sec. 3, 64 Stat. 13, as amended; 22 U. S. C. for' compensation* or to a living civilian tification for payment of any award to 1622. American citizen or an American mer­ any claimant represented by an attorney § 531.1 Time or filing. Claims shall chant seaman for detention benefits, win or agent until it is satisfied that the be filed with the Commission on or be­ be certified to the Secretary of the provisions of the act, relative to fees for fore September 30, 1956, except that Treasury for payment to the person en­ services rendered, or any rule or regula­ claims pursuant to Section 305 (Soviet titled thereto, and if applicable, under tion adopted by the Commission have Claims) shall be filed on or before March the procedure set forth in subparagraph been or will be complied with. 31, 1956. (e) except that as to persons under legal disability payment will be made as § 531.2 Form, content and filing of P art 625—Hearings specified in paragraph (c) of this section. Sec. claims, (a) Claims shall be filed on offi­ (b) Survivors of deceased prisoners 525.1 Basis for hearing. cial forms provided -by the Commission of war, deceased civilian American citi­ 525.2 Form of hearing. upon request in writing addressed to the zens, or deceased American merchant 525.3 When held. Commission at its principal office at seamen. Awards made to the survivors 625.4 Purpose of hearings. Washington 25, D. C., shall include all of of deceased prisoners of war, the sur­ 525.5 Conduct of hearings. the information called for in the appro­ vivors of deceased civilian American priate form indicated below, and shall A u t h o r i t y : §§ 5254 to 525.5 issued under citizens, or to the survivors of American sec. 2, 62 Stat. 1240, as amended; 50U.SC be completed and signed in accordance merchant seamen, will be certified to App. 2001. with the instructions accompanying the the Secretary of the Treasury for pay­ form. ment to the individual members of the § 525.1 Basis for hearing. Any claim­ (b) FCSC Form 285—Statement of class or classes of survivors entitled ant whose claim is denied or is approved Claim Against the Government of (Bul­ thereto in the full amount of the share for less than the full allowable amount garia, Hungary, Rumania, Italy, Soviet to which each survivor 4s entitled, and under sections 5, 6, 15, 16 and 17 of the Union). if applicable, under the procedure set War Claims Act of 1948, as amended, forth in § 515.3, except that as to shall be entitled to a hearing from such § 531.3 Exhibits and documents in persons under any legal disability pay­ determination. support of claim, (a) If available, all ment will be made as specified in para­ exhibits and documents shall be filed graph (c) of this section. § 525.2 Form of hearing. The Com­ with and at the same time as the claim, mission shall schedule a hearing and and shall, whérever possible, be in the ^ Payments to persons under legal notify the claimant as to the date gr*d form of original documents, or copies of disability. Any award or any part of an Place such hearing is to be held. The originals certified as such by their public award payable pursuant to section 5. (a) claimant may waive such hearing. In or other official custodian. through (e), (g), 6, 15, 16 or 17 of the that event and upon receipt of claimant’s act to any person under legal disability (b) Documents in foreign language. waiver, the scheduled hearing shall be Each copy of a document, exhibit or 7313 , Friday, September 30, 1955 FEDERAL REGISTER enlarging the existing area to permit use naper filed, which is written or printed half, or by counsel for the Commission designated by it to represent the public of the target for live bombing exercises in a language other than English, shall by naval aircraft, as follows; be accompanied by an English trans­ interest opposed to the allowance of any lation thereof duly verified under oath unjust or unfounded claim or portion § 204.5 Nantucket Sound, Buzzards bv its translator to be a true and ac­ thereof; and either may cross-examine Bay, and adjacent waters, Mass.; danger curate translation thereof, together with as to evidence offered through witnesses zones for naval operations. the name and address of the translator. on behalf of the other. Objections to ***** (c) Preparation of papers. All claims, the admission of any such evidence shall (b) Atlantic Ocean in vicinity of No briefs, and memoranda filed shall be be ruled upon by the presiding officer. Mans Land—(1) The area. The waters typewritten or printed and, if typewrit­ (d) The claimant shall .be the moving surrounding No Mans Land within an ten, shall be on legal size paper. party, and shall have the burden of proof area bounded as follows: Beginning at on all issues involved in the determina­ latitude 41°12'30", longitude 70°50'30"; § 531.4 Acknowledgement and num­ tion of his claim. thence northwesterly to latitude 41° 15' bering. The Commission will acknowl­ (e) Hearings shall be stenographi- 30", longitude 70°51'30"; thence north­ edge the receipt of a claim in writing cally reported by a, reporter designated easterly to latitude 41°17'30", longitude and will notify the claimant of the claim by the Commission and a transcript 70°50'30"; thence southeasterly to lati­ number assigned to it, which number thereof shall be part of the record. tude 41°16'00", longitude 70°47'30"; shall be used on all further correspond­ When the hearing is ordered at claim­ thence south to latitude 41°12'30", longi­ ence and papers filed with regard to the ant’s request, the cost of such reporting tude 70°47'30"; thence westerly to the claim. and transcription may be charged 4;o point of beginning. § 531.5 Procedure for determination him. (2) The regulations. No vessel shall of claims, (a) The Commission may on [F. R. Doc. 55-7882; Filed, Sept. 29, 1955; at any time enter or remain within a its own motion order a hearing upon any 8:45 a. m.] rectangular portion of the area bounded claim, specifying the questions to which on the north by latitude 41°16'00", on the hearing shall be limited. . the east by longitude 70°47'30", on the (b) Without previous hearing, the TITLE 33— NAVIGATION AND south by latitude 41°12'30", and on the Commission may issue a proposed de­ NAVIGABLE WATERS west by longitude 70°50'30", or within cision in determination of a claim. the remainder of the area between 1 (c) Where such proposed decision Chapter II— Corps of Engineers, November and 30 April, inclusive, except denies the claim in whole or in part,* Department of the Army by permission of the enforcing agency. claimant may within twenty days of (3) Ther regulations in this paragraph service thereof file objections^ to such P art 204—D anger Zone R egulations shall be enforced by the Commandant, denial, assigning the errors relied upon, ATLANTIC OCEAN, VICINITY OF NO MANS First Naval District, and such agencies with accompanying brief in support LAND, MASS. as he may designate. thereof, and may request a hearing on * * * * * the claim, specifying whether fpr the Pursuant to the provisions of section 7 [Regs., 15 September 1955, 800.2121 (Atlantic taking of evidence or only for the hear­ of the River and Harbor Act of August 8, Ocean, Mass.)-ENGWO] (Sec. 7, 40 Stat. 266, ing of oral argument, upon the errors 1917 (40 Stat. 266; 33 U. S. C. 1) and 40 Stat. 892; 33 U. S. C. 1, 3) Chapter XIX of the Army Appropriation assigned. [seal] J ohn A. K lein , (d) Upon the expiration of twenty Act of July 9, 1918 (40 Stat. 892; 33 • Major General, TJ. S. Army, days after such service or receipt of no­ U. S. C. 3) . paragraph (b) of § 204.5 gov­ The Adjutant General. tice, if no objection under § 531.5 has erning the use and navigation of a in the meantime been filed, such pro­ danger zone in the vicinity of No Mans [F. R. Doc. 55-7886; Filed, Sept. 29, 1955; posed decision shall by further order of Land, Massachusetts* is hereby revised 8:45 a. m.] the Commission become the Commis­ sion’s final determination and decision upon the claim. (e) If any such objections have in the meantime been filed, but no hearing re­ PROPOSED RULE MAKING quested, the Commission may, after due consideration thereof, Cl) issue its,final decision affirming or modifying its pro­ DEPARTMENT OF THE TREASURY or arguments with respect to the pro­ posed decision, (2) or issue a further posed revocation of the designation of proposed decision, or (3) on its own mo­ Bureau of Customs the above-mentioned airport as an in­ tion order hearing thereon, indicating ternational airport may be addressed to whether for the taking of evidence on [ 19 CFR Part 6 1 the Commissioner of Customs, Bureau specified questions or only for the hear­ [192—49.31] of Customs, Washington 25, D. C., in ing of oral argument. writing. To assure consideration of such (f) After the conclusion of a hearing, I sla G rande Airport, San J uan, P uerto communications, they must be received upon the expiration of any time allowed R ico in the Bureau of Customs not later than by the Commission for further submis­ otice of proposed revocation of desig­ 20 days from the date of publication of sions, the Commission may proceed to nation AS AN INTERNATIONAL AIRPORT this notice in the F ederal R egister. final decision and determination of the S eptember 26, 1955. [seal] D avid W. K endall, claim. Notice is hereby given that, pursuant Acting Secretary of the Treasury. §531.6 Hearings. (a) Hearings, > authority contained in section 7 (b) [F. R. Doc. 55-7907; Filed, Sept. 29, 1955; whether upon the Commission’s own mo­ f the Air Commerce Act"of 1926, as 8:50 a. m.] tion or upon request of claimant, shall mended (49 U, S. C., 177 (b)), it is pro- be held upon fifteen days’ notice of the osed to revoke the designation of the time and place thereof. sla Grande Airport, San Juan, Puerto DEPARTMENT OF AGRICULTURE (b) Such hearings shall be open to the tico, as an international airport for Agricultural Marketing Service public unless otherwise requested by ivil aircraft and merchandise carried iggjaiinant and ordered by the Commis­ herein arriving from places outside the [ 7 CFR Part 1001 1 sion. Jnited States; and it is further proposed (c) Such hearings shall be conducted o amend the list of international air- H andling of Lim es G rown in F lorida by the Commission, its designee or de­ >orts in § 6.13 of the Customs Regula— notice of proposed rule making signees. Oral testimony and documen­ ions, by deleting the location and name Notice is hereby given that the De­ tary evidence, including depositions that >f said international airport. partment is giving consideration to the may have been taken as provided by This notice is published pursuant to following recommendations, submitted statute and the rules of practice, may ¡ection 4 of the Administrative Proce- by the Florida Lime Administrative Com- be offered in evidence on claimant’s be- iurp. Act (5 U. S. C. 1003). Dftta, views, No. 191---- 5 7314 PROPOSED RULE MAKING mittee, established pursuant to thé mar­ such limes are handled in containers keting agreement and Order No. 101 (7 having inside dimensions of either ( ) AH persons who desire to submit writ­ CFR Part 1001; 20 P. R. 4179) regulating 1 ten data, views, or arguments for con­ "ilVz by iy2 by 5 inches, or (2) 12 by 9% sideration in connection with such pro­ the handling of limes grown in Florida, by 3% inches: Provided, That any such effective under the applicable provisions posals should do so by forwarding container, as herein proposed to be pre­ same to the Director, Fruit and Vege­ of the Agricultural Marketing Agree­ scribed, shall contain not less than ment Act of 1937, as amended (7 U. S. C 10 table Division, Agricultural Marketing pounds of limes: And provided further, Service, United States Department of 601 et seq.; 68 Stat. 906, 1047) : That the limitations set forth herein It is proposed that the Secretary pro­ Agriculture, Room 2077, South Build­ shall not apply to master containers for ing, Washington 25, D. C., not later than hibit, beginning at 12:01 a. m., e. s. t., individual cartons each of which does February 1, 1956, the handling of any the thirtieth day after publication of not contain more than two pounds. this notice in the F ederal R egister. limes grown in the production area cov­ It is contemplated that the foregoing ered by the aforesaid marketing agree­ proposal or modification thereof will, if Dated: September 26, 1955. ment and order, in any container having made effective, be issued as an amend­ [sealI ¡5. Smith, a capacity of more than two pounds and ment of Lime Order No. 2 (20 F. R. 5627), Director, Fruit and Vegetable less than 40 pounds (i. e., less than con­ which prescribes container regulations Division, Agricultural Mar­ for the handling of limes in containers keting Service. tained in a container with inside dimen­ having a capacity greater than one-half sions of 11 by 16% by 10 inches) unless bushel. [F. R. Doc. 55—7903; Filed, Sept. 29, 1955- 8:50 a. m.J

NOTICES

DEPARTMENT OF DEFENSE CIVIL AERONAUTICS BOARD Dated at Washington, D. C., Septem­ Office of the Secretary [Docket No. 72781 ber 23, 1955. S ecretaries of the Army, Navy, and Air Lineas Aereas D e N icaragua, S. A. [seal] Harold G. Crowley, F orce et al. » (Lanica) Presiding Officer. [F. R. Doc. 55-7916; Filed, Sept. 29, 1955; DELEGATION OF AUTHORITY PURSUANT TO NOTICE OF HEARING 8:52 a. m.] EXECUTIVE ORDER 1 0 6 2 1 In the matter of the application of By virtue of the authority vested in Lineas Aereas de Nicaragua, S. A. for a me as Secretary of Defense, the follow­ Foreign Air Carrier Permit authorizing ing delegation of authority is hereby it to engage in indirect air transportation [Docket No. 7233] made: between points in the United States and Panama City,. F lorida-Atlanta Pursuant to Section 1 of Executive points in Nicaragua. I nvestigation Order 10621, I designate the Secretary Notice is hereby given, pursuant to the of the Army, the Secretary of the Navy, provisions of the Civil Aeronautics Act NOTICE OF PREHEARING CONFERENCE and the Secretary of the Air Force and, of 1938, as amended, that hearing in the Notice is hereby given that a prehear­ in accordance with the assignment of above-entitled proceeding is assigned to ing conference in the above-entitled in­ their duties and responsibilities,, the cor­ be held on November 2, 1955, at 19:00 vestigation is assigned to oe held on responding Under-Secretary and Assist­ a. m., e. s. t., in Room E—206, Temporary October 5, 1955, at 10:06 a. m., e. s. t., in ant Secretaries of each military depart­ Building No. 5, Sixteenth Street and; Room E-206,'Temporary Building No. 5, ment to perform with regard to their Constitution Avenue NW., Washington, Sixteenth Street and Constitution Ave­ respective military departments the D. C., before Examiner Joseph L. Fitz- nue NW., Washington, D. C., before functions of the President described in maurice. Examiner William F. Cusick. section 1 (i) of Executive Order 10621, without the approval, ratification or Dated at Washington, D. C., September Dated at Washington, D. C., Septem­ other action of the President. ber 27, 1955. Pursuant to section 1 of Executive [seal] F rancis W. B rown, [seal] F rancis W. Brown, Order 10621, I designate the Secretary Chief Examiner. Chief Examiner. of the Navy and, in accordance with the [F. R. Doc. 55-7915; Filed, Sept. 29, 1955; [F. R. Doc. 55-7917; Filed, Sept. 29, 1955; assignment of their respective duties and 8:52 a. m.] responsibilities, the Under-Secretary of 8:52 a. m.j the Navy and the Assistant Secretaries of the Navy, to perform with respect to the Department of the Navy the func­ [Docket No. 7378] tions of the President described in sec­ [Docket No. SA-31Q] T ransfer of TWA Cincinnati-Detroit tions 1 (a) through 1 (h) and 1 (j) Accident Occurring at H obbs, N. Mex. through 1 (n) of Executive Order 10621, R oute , without the approval, ratification or NOTICE OF HEARING notice of prehearing conference other action of the President. In the matter of investigation of acci­ Pursuant to section 2 of Executive In the matter of an investigation to Order 10621 designate the Deputy Sec­ dent involving air collision between air­ determine whether the public conven­ 1 craft of United States Registry N 18949 ience and necessity require, and the retary of Defense to perform the func­ and N 3334B which occurred at Hobbs, Board should order transfer to another tions of the President described in sec­ New Mexico, August 29, 1955. tions (a) and (b) of Executive Order carrier, of that part of segment 1 of 2 2 Notice is hereby given, pursuant to the TWA’s route No. 2 which extends be­ 10621, without the approval, ratification Civil Aeronautics Act of 1938, as tween Cincinnati, Ohio, and Detroit, or other action of the President. amended, particularly section 702 of said Michigan, via Dayton, Columbus and C. E. W ilson, act, in the above-entitled proceeding Toledo, Ohio, and if so, to which carrier. Secretary of Defense. that hearing is hereby assigned to be Notice is hereby given that a prehear­ S eptember 22, 1955. held on Wednesday, October 12, 1955, at ing conference in the above-entitled in­ 9:00 a. m. (local time) in the American vestigation is assigned to be held on [F. R. Doc. 55-7906; Filed, Sept. 29, 1955; Legion Hall, 319 East Dunham Street, October 6, 1955, at 10:60 a. m., e. s. t., in 8:50 a. m.] Hobbs, New Mexico. Room 5859, Commerce Building, Four- 7315 Friday, September 30, 1955 FEDERAL REGISTER as amended, public notice is hereby given teenth Street and Constitution Avenue 2% Percent Title I Housing Insurance F und Debentures, Series R that 3 percent Title I Housing Insurance NW., Washington, D. C., before Exam­ Fund Debentures, Series T, of the de­ i n e r William J. Madden. notice of call for partial redemption, nominations and serial numbers desig­ Dated at Washington, D. C., Septem­ BEFORE MATURITY nated below, are hereby called for re­ ber 27, 1955. demption, at par and accrued interest, September 22, 1955. on January 1, 1956, on which date in­ [seal] F rancis W. B rown, Pursuant to the authority conferred by terest on such debentures shall cease: Chief Examiner. the National Housing Act (48 Stat. 1246; 3 P ercent T itle I H o using I nsurance F und [F. R. Doc. 55-7918; Filed, Sept. 29, 1955; U. S. C., title 12, sec. 1701 et seq.) as 8:53 a. m.] amended, public notice is hereby given D ebentures, Series T that 2% percent Title I Housing Insur­ Serial numbers ance Fund Debentures, Series R, of the {all numbers FEDERAL HOUSING ADMINIS­ denominations and serial numbers, des­ Denomination : inclusive) $ 5 0 ------______2 to 4. TRATION ignated below, are hereby called for re­ ______1 to 9. demption, at par and accrued interest, $100______$500 ------I______1 to 2. 2y2 Percent Title I Housing Insurance on January 1, 1956, on which date in­ ""______1 to 10. Fund Debentures, Series L $1,000 ______terest on such debentures shall cease: $5,000 ______1 to 2. notice of call for partial redemption, 2% P ercent T itle I H ousing I nsurance F und The debenture first issued as deter­ before maturity D ebentures, S eries R mined by the issue dates thereof were September 22, 1955. Serial numbers selected for redemption by the Commis­ Pursuant to the authority conferred {all numbers sioner, Federal Housing Administration, by the National Housing Act (48 Stat. Denomination: inclusive) with the approval of the Secretary of the 1246; U. S. C. title 12, sec. 1701 et seq.) Treasury. . as amended, public notice is hereby given No transfers or denominational ex­ changes in debentures covered by the that 2V2 percent Title I Housing Insur­ 9»»*■ ance Fund Debentures, Series L, of the $5,000______8* foregoing call will be made on the books denominations and serial numbers des­ maintained by the Treasury Department ignated below, are hereby called for re­ The debentures first issued as deter­ on or after October 1, 1955. This does demption, at par and accrued interest, mined by the issue dates thereof were not affect the right of the holder of a on January 1, 1956, on which date in­ selected for redemption by the Commis­ debenture to sell and assign the deben­ terest on such debentures shall cease: sioner, Federal Housing Administration, ture on or after October 1, 1955, and with the approval of the Secretary of the 2i/2 P ercent T itle I H ousing I nsurance provision will be made for the payment F und D ebentures, S eries L Treasury. No transfers or denominational ex­ of final interest due on January 1, 1956, Serial numbers changes in debentures covered by the with the principal thereof to the actual {all numbers owner, as shown by the assignments Denomination: inclusive) foregoing call will be made on the books $50------116- maintained by the Treasury Department thereon. $100______42 to 48. on or after October 1, 1955. This does The Commissioner of the Federal $500------61- not affect the right of the holder of a Housing Administration hereby offers to $1,000______255 to 260. debenture to sell and assign the deben­ purchase any debentures included in this $5,000______10 to 12 ■ ture on or— ---- after- October---- 1, 1955, and. call at any time from October 1,1955, to The debentures first issued as deter­ provision will be made for the P a y m e n t Decemloer 31 1955, inclusive, at par and mined by the issue dates thereof were ofnf final interest due —1 on January . . - l, 195b, . , accrued interest, tnto date of ourchastpurchase. selected for redemption by the Commis­ with the principal thereof to the actual Instructions for the presentation and sioner, Federal Housing Administration, owner, as shown by the assignments surrender of debentures for redemption with the approval of the Secretary of thereon. ,, _ . . on or after January 1, 1956, or for pur­ the Treasury. The Commissioner of the Federal No transfers or denominational ex­ Housing Administration hereby offers to chase prior to that date will be given by changes in debentures covered by the purchase any debentures included in this the Secretary of the Treasury. foregoing call will be made on the books call at any time from October 1, 1955, to [SEAL] Norman P. Mason, maintained by the Treasury Department December 31, 1955, inclusive, at par and Commissioner. on or after October 1, 1955. This does not affect the right of the holder of a accrued interest, to date of purchase. Approved: September 23,1955. debenture to sell and assign the deben­ instructions for the presentation and surrender of debentures for redemption W. Randolph Burgess, ture on or after October 1, 1955, and Acting Secretary of the Treasury. provision will be made for the payment on or after January 1, 1956 or for pur­ of final interest due on January 1, 1956, chase prior to that date will be given by [F. R. Doc. 55-7893; Filed, Sept. 29, 19&5; with the principal thereof to the actual the Secretary of the Treasury. 8:47 a. m.] owner, as shown by the assignments Norman P. Mason, thereon. [SEAL], Commissioner. The Commissioner of the Federal Housing Administration hereby offers Approved: September 23, 1955. 2% P ercent Mutual Mortgage Insurance to purchase any debentures included in F und D ebentures, S eries E this call at any time from October 1, W. R andolph B urgess, 1955, to December 31, 1955, inclusive, at Acting Secretary of the Treasury. NOTICE OF CALL FOR PARTIAL REDEMPTION, par and accrued interest, to date of pur­ BEFORE MATURITY [F. R. Doc. 55-7892; Filed, Sept. 29, 1955; chase. 8:47 a. m.] S eptember 22,1955. Instructions for the presentation and surrender of debentures for redemption Pursuant to the authority conferred on or after January 1, 1956, or for pur­ by the National Housing Act (48 Stat. 1246- U. s. C., title 12, sec. 1701 et seq.) chase prior to that date will be given by 3 Percent Title I Housing Insurance the Secretary of the Treasury. Fund Debentures, Series T as amended, public notice is hereby given that 2% percent Mutual Mortgage In­ [seal] Norman P. Mason, Commissioner. NOTICE OF CALL FOR PARTIAL REDEMPTION, surance Fund Debentures, Series E, of BEFORE MATURITY the denominations and serial numbers Approved; September 23, 1955. S eptember 22, 1955. designated below, are hereby called for W. Randolph Burgess, redemption, at par and accrued interest, Acting Secretary of the Treasury. Pursuant to the authority conferred by the National Housing Act (48 Stat. on January 1, 1956, on which date in­ [F. R. Doc. 55-7891; Filed, Sept. 29, 1955; terest on such debentures shall cease. 8:47 a. m.l 1246; U. S. C., title 12, sec. 1701 et seq.) 7316 NOTICES

2% P ercent M utual Mortgage I nsurance F und Debentures, Series E The debentures first issued as deter­ not affect the right of the holder of a mined by the issue dates thereof were debenture to sell and assign the deben­ Serial numbers selected for redemption by the Commis­ (all numbers ture on or after October 1,1955, and pro­ sioner, Federal Housing Administration, vision will be made for the payment of Denomination: inclusive) with the approval of the Secretary of the $50 ------1,021 to 1,048. Treasury. final interest due on January l 1956 $100 1,888 to 1.998. with the principal thereof to the actual 2 6Q4 tQ 2>731> No transfers or denominational ex­ owner, as shown by the assignments $500 ------691 to 732. changes in debentures covered by the thereon. $1,000 ------1,397 to 1,500. foregoing call will be made on the books The Commissioner of the Federal $5,000------808 to 884. maintained by the Treasury Department $10,000 ------_------257 to 278. Housing Administration hereby offers to on or after October 1, 1955. This does purchase any debentures included in this not affect the right of the holder of a The debentures first issued as deter­ call at any time from October 1 , 1955 to mined by the issue dates thereof were debenture to sell and assign the deben­ December 31, 1955, inclusive, at par and selected for redemption by the Commis­ ture on or after October 1,1955, and pro­ accrued interest, to date of purchase. sioner, Federal Housing Administration, vision will be made for the payment of Instructions for the presentation and with the approval of the Secretary of the final interest due on January 1, 1956, surrender of debentures for redemption Treasury. with the principal thereof to the actual on or after January 1, 1956, or for pur­ No transfers or denominational ex­ owner, as shown by the assignments chase prior to that date will be given by changes in debentures covered, by the thereon. the Secretary of the Treasury. foregoing call will be made on the books The Commissioner of the Federal maintained by the Treasury Department Housing Administration hereby offers to [seal] Norman P. M ason, on or after October 1, 1955. This does purchase any debentures included in this Commissioner. not affect the right of the holder of a call at any time from October 1, 1955, to Approved: September 23, 1955. debenture to sell and assign the deben­ December 31, 1955, inclusive, at par and ture on or after October 1,1955, and pro­ accrued interest, to date of purchase. W. R andolph B urgess, vision will be made for the payment of Instructions for the presentation and Acting Secretary of the Treasury. final interest due on January 1, 1956, surrender of debentures for redemption [F. R. Doc. 55—7896; Filed, Sept. 29, 1955; with the principal thereof to the actual’ on or after January 1, 1956, or for pur­ 8:48 a. m.] owner, as shown by the assignments chase prior to that date will be given by thereon. the Secretary of the Treasury. The Commissioner of the Federal [seal] Norman P. M ason, Housing Administration hereby offers to Commissioner. 2 V2 P ercent W ar H ousing I nsurance purchase any debentures included in this F und D ebentures, Series H call at any time from October 1, 1955, to Approved: September 23, 1855. December 31, 1955, inclusive, at par and notice of call for partial redemption, W. R andolph B urgess, BEFORE MATURITY accrued interest, to date of purchase. Acting Secretary of the Treasury. S eptember Instructions for the presentation and [F. R. Doc. 55-7895; Filed, Sept. 29, 1955; 22,1955. surrender of debentures for redemption 8:48 a. m.] Pursuant to the authority conferred by on or after January 1, 1956, or for pur­ the National Housing Act (48 Stat. 1246; chase prior to that date will be given by U. S. C., title 12, sec. 1701 et seq.) as the Secretary of the Treasury. amended, public notice is hereby given [ seal] N orman P. M ason, 3 P ercent M utual M ortgage I nsurance that 2Y2 percent War Housing Insurance Commissioner. F und D ebentures, S eries U Fund Debentures, Series H, of the de­ nominations and serial numbers desig­ Approved: September 23, 1955. NOTICE OF CALL FOR PARTIAL REDEMPTION, nated below, are hereby called for re­ W. R andolph B urgess, BEFORE MATURITY demption, at par and accrued interest, Acting Secretary of the Treasury. S eptember 22, 1955. on January 1, 1956, on which date inter­ JF. R. Doc. 55-7894; Filed, Sept. 29, 1955; Pursuant to the authority conferred est on such debentures shall cease: 8:47 a. m.] by the National Housing Act (48 Stat. 2 V2 P ercent War H ousing I nsurance F und 1246; U. S. C., title 12, sec. 1701 et seq.) D ebentures, Series H as amended, public notice is hereby given Serial numbers that 3 percent Mutual Mortgage Insur­ (all numbers 2V2 P ercent M utual M ortgage I nsurance ance Fund Debentures, Series U, of the Denomination: inclusive) F und D ebentures, S eries K denominations and serial numbers des­ $50 ------3,622 to 3,640. ignated below, are hereby called for re­ $100 ------6,863 to 6,960. NOTICE OF CALL FOR PARTIAL REDEMPTION, demption, at par and accrued interest, $500 ______1,421 to 1,466. BEFORE MATURITY $1,000 ______6,282 to 6,338. on January 1, 1956, on which date inter­ r 8,704 to 8,785. September 22, 1955. est on such debentures shall cease: $5,000 ______J 2,557 to 2,579 Pursuant to the authority conferred 3 P ercent Mutual Mortgage I nsurance [2,852. by the National Housing Act (48 Stat. F und Debentures, Series U $10,000 ______25,267 to 26,171. 1246; U. S. C., title 12, sec. 1701 et seq.) Serial numbers The debentures first issued as deter­ as amended, public notice is hereby given (all numbers mined by the issue dates thereof were that 2l/z percent Mutual Mortgage In­ Denomination: inclusive) selected for redemption by the Commis­ surance Fund Debentures, Series K, of $ 5 0 ------10 to 22. sioner, Federal Housing Administration, the denominations and serial numbers $ 1 0 0 ------36 to 89. with the approval of the Secretary of designated below, are hereby called for $ 5 0 0 ------11 to 24. the Treasury. redemption, at par and accrued interest, $1,000—------31 to 74. $5,000------18 to 42. No transfers or denominational ex­ on January 1, 1956, on which date in­ $ 10,000. ______!_ changes in debentures covered by the terest on such debentures shall cease: foregoing call will be made on the books 2M> P ercent Mutual Mortgage I nsurance The debentures first issued as deter­ maintained by the Treasury Department F und Debentures, Series K mined by the issue dates thereof were selected for redemption by the Commis­ on or after October 1, 1955. This does Serial numbers sioner, Federal Housing Administration, not affect the right of the holder of a (all numbers with the approval of the Secretary of the debenture to sell and assign the d e b e n ­ Denomination : inclusive) $50 Treasury. ture on or after October 1,1955, and pro­ $100 No transfers or denominational ex­ vision will be made for the payment of $500______changes in debentures covered by the final interest due on January 1, 1956, $1 .000 . foregoing call will be made on the books with the principal thereof to the a c t u a l $5,000______maintained by the Treasury Department owner, as shown by the assignments $10,000______on or after October 1, 1955. This does thereon. 7317 Friday, September SO, 1955 FEDERAL REGISTER by, the Commission; and the Commis­ The Commissioner of the Federal addressed to the Secretary of the Securi­ ties and Exchange Commission, Wash­ sion finding that the applicable stand­ Housing Administration hereby offers to ards of Section 3 (a) (1) of the Act are purchase any debentures included in this ington 25, D. C. If no one requests a hearing on this matter, this application satisfied, that said application should be call at any time from October 1, 1955, to granted, and that this order should December 31, 1955, inclusive, at par and will be determined by order of the Com­ mission on the basis of the facts stated in become effective upon issuance: accrued interest, to date of purchase. the application and other information It is ordered, That Paul Smith’s Col­ Instructions for the presentation and lege of Arts and Sciences and its sub­ surrender of debentures for redemption contained in the official file of the Com­ mission pertaining to the matter. sidiary companies be, and the same on or after January 1, 1956, or for pur­ hereby are, exempted from the provi­ chase prior to that date will be given by By the Commission. sions of the Act applicable to them as a the Secretary of the Treasury. [ seal] O rval L. D u b o is, holding company and subsidiary com­ [seal] N orman P. M ason, Secretary. panies thereof. Commissioner. It is further ordered, That this Order [F. R. Doc. 56-7900; Filed, Sept. 29, 1955; shall become effective upon issuance. Approved: September 23, 1955. 8:49 a. m.] W. R andolph Burgess, By the Commission. Acting Secretary of the Treasury. [SEAL] NELLYE A. THORSEN, [F. R. Doc. 55-7897; Filed, Sept. 29, 1955; [File No. 31-630] Assistant Secretary. 8:48 a. m.] P aul Smith’s College of Arts and [F. R. Doc. 55-7901; Filed, Sept. 29, 1955; S ciences 8:49 a. m.] SECURITIES AND EXCHANGE order granting application for COMMISSION EXEMPTION SMALL BUSINESS ADMINISTRA­ S eptember 22, 1955. W elbilt Corp. TION Paul Smith’s College of Arts and Sci­ [Declaration of Disaster Area 69] NOTICE OF APPLICATION TO WITHDRAW ences (“College”), has filed an applica­ FROM LISTING AND REGISTRATION, AND tion with this Commission pursuant to Maryland OF OPPORTUNITY FOR HEARING section 3 (a) (1) of the Public Utility DECLARATION OF DISASTER AREA S eptember 26,1955. Holding Company Act of 1935 (“Act”) In the matter of Welbilt Corporation, requesting exemption on behalf of itself Whereas it has been reported that be­ and its subsidiary companies, Paul ginning in or about the third week of Common Stock, $1 Par Value, File No. August, 1955, because of the disastrous 1-586. Smith’s Electric Light and Power and The above named issuer, pursuant to Railroad Company (“Electric”), a pub­ effects of flood caused by Hurricane lic-utility company, and Paul Smith’s Diane, damage resulted to residences and Section 12 (d) of the Securities Ex­ business property located in certain areas change Act of 1934 and Rule X-12D2-1 Hotel Company, a non-utility company, from the provisions of the Act. in the State of Maryland; and (b) promulgated thereunder, has made Whereas the Small Business Adminis­ application to withdraw the specified College is incorporated under the Edu­ cation Law of the State of New York tration has investigated and has received security from listing and registration on other reports of investigations of condi­ the Detroit Stock Exchange. for the purpose of establishing, operat­ ing and maintaining a college of higher tions in the areas affected; and The reasons alleged in the application Whereas after reading and evaluating for withdrawing this security from list­ education, and has its principal office ing and registration include the follow­ and place of business at Paul Smiths, reports of such conditions, I find that the Franklin County, New York. Its assets, conditions in such areas constitute a ca­ ing: other than the capital stock of its sub­ tastrophe within the purview of the Welbilt Corporation is successor by Small Business Act of 1953, as amended; merger to Detroit Michigan Stove Com­ sidiary companies, consist principally of land, buildings and other facilities usual Now, therefore, as Administrator of pany, whose common stock was listed on the Small Business Administration, I the New York and Detroit Stock Ex­ and necessary to the operations of a school of higher learning. All of such hereby determine that: changes, and to Welbilt Stove Company, 1. Applications for disaster loans un­ Inc., whose stock was privately held. properties are located wholly within the The stock resulting from the merger State of New York. College owns all of der the provisions of Section 207 (b) (1) the outstanding capital stock, other than of the Small Business Act of 1953, as is also listed on the New York and amended, may be received and con­ Detroit Stock Exchanges, but over three- directors’ qualifying shares, of its sub­ fourths of it is held by stockholders re­ sidiary companies. sidered by the Offices below indicated Electric was incorporated as a public from persons or firms whose property siding in the vicinity of New York City, situated in Prince Georges County (in­ and exchange activity therein has come utility company under the laws of the State of New York and has its principal cluding any areas adjacent to Prince to be almost entirely on the New York Georges County) suffered damage or Stock Exchange. Volume on the Detroit office at Paul Smiths, New York. It is engaged in the generation, transmission, other destruction as a result of the Stock Exchange was reported at 1,265 catastrophe above referred to: shares in June, none in July, and 230 and retail distribution of electric energy shares in August 1955. in Clinton, Essex, Franklin and St. Law­ Small Business Administration Regional The applicant desires to terminate the rence Counties, New York, and sells Office, 900 N. Lombardy Street, Richmond 20, electric energy at wholesale to the Vil­ Virginia. listing on the Detroit Stock Exchange Rfinn.il Business Administration Branch Of­ and end its expenses in connection lages of Lake Placid and Tupper Lake, New York, for distribution through their fice, Calvert Building, Room 307, Fayette and therewith. St. Paul Streets, Baltimore, Maryland. Upon receipt of a request, on or before municipally-owned systems. Electric October 12, 1955, from any interested owns hydro-electric plants on the Sar­ 2. No special field offices will be estab­ person for a hearing in regard to terms anac River and Racquette River in lished at this time. to be imposed upon the delisting of this Franklin, Clinton, and St. Lawrence 3. Applications for disaster loans un­ security, the Commission will determine Counties and a diesel electric generating der the authority of this Declaration will whether to set the matter down for hear­ plant at Piercefield, St. Lawrence not be accepted subsequent to March 31, ing. Such request should state briefly County, New York. Electric’s business is 1956. carried on wholly within the State of tiie nature of the interest of the person Dated: September 26, 1955. requesting the hearing and the position New York and the company is subject to he proposes to take at the hearing with the jurisdiction of the New York Public W endell B. B arnes, respect to imposition of terms. In addi­ Service Commission. Administrator. tion, any interested person may submit Due notice of the filing of said appli­ cation having been given and no hear­ [F. R. Doc. 55-7904; Filed, Sept. 29, 1955; his views or any additional facts bearing 8:50 a. m.] on this application by means of a letter ing having been requested of, or ordered 7318 NOTICES [Declaration of Disaster Area 70] LONG-AND-SHORT HAUL DEPARTMENT OF JUSTICE T exas FSA No. 31132: Foodstuffs—Pacific DECLARATION OF DISASTER AREA Coast to Alabama. Filed by W. J. Office of Alien Property Prueter, Agent, for interested rail car­ Whereas it has been reported that be­ riers. Rates on canned or preserved Lillian Vett ginning on or about September 18, 1955, foodstuffs, carload from Pacific coast notice of inten tion to return vested because of the disastrous effects of Hur­ points taking specified rate basis num­ property ricane Hilda, damage resulted to resi­ bers, and other points to Boyleston, Pursuant to section 32 (f ) of the Trad­ dences and business property located in Dingley, Madison Park, Montgomery and ing With the Enemy Act, as amended' certain areas in the State of Texas; and Steiner, Ala. notice is hereby given of intention to Whereas the Small Business Adminis­ Grounds for relief: Circuitous routes return, on or after 30 days from the date tration has investigated and has received operating through higher-rated destina­ of publication hereof, the following other reports of investigations of con­ tion groups. property, subject to any increase or de­ ditions in the areas affected; and Tariff: Supplement 32 to Agent crease resulting from the administra­ Whereas after reading and evaluating Prueter’s I. C. C. 1567. tion thereof prior to return, and after reports of such conditions, I find that the FSA No. 31133: Cement—Birmingham, adequate provision for taxes and con­ conditions in such areas constitute a Ala., group to Montgomery, Ala. Filed servatory expenses: by Central of Georgia Railway Company, catastrophe within the purview of the Claimant, Claim No., Property, and Location Small Business Act of 1953, as amended; for itself. Rates on cement and related articles, carloads from Birmingham and Lillian Vett, as natural guardian for Margit Now, therefore, as Administrator of North Birmingham, Ala., to Montgomery, Wolfson, minor, Hostrups 96, Copenhagen the Small Business Administration, I Ala. Denmark, Claim No. 44068, Vesting Order No. hereby determine that: Grounds for relief: Circuitous routes. 3973; $4,258.86 in the Treasury of the United 1. Applications for disaster loans un­ Tariff: Supplement 40 to Agent Span- States. Ten (10) shares no par value com­ mon stock of Hardman, Peck & Company der the provisions of Section 207 (b) (1) inger’s I. C. C. 1447. New York, with a stated value of $1.00 per of the Small Business Act of 1953, as FSA No. 31134: Motor-rail rates in share, being one-half interest in the 20 shares amended, may be received and con­ the East—Substituted service. Filed by represented by Certificate No. 127, registered sidered by the Offices below indicated The New York, New Haven and Hartford in the name of the Alien Property Custodian, Railroad and the Roulston Freight Lines, in the custody of the Federal Reserve Bank from persons or firms whose property of New York. situated in Willacy County (including Inc., for themselves and on behalf of any areas adjacent to Willacy County) other common carriers by motor vehicle. Executed at Washington, D. C., on Rates on various commodities loaded in September 22, 1955. suffered damage or other destruction as semimotor vehicle trailers, and empty a result of the catastrophe above trailers, loaded on railroad flat cars be­ For the Attorney General. referred to: tween Springfield, Mass., Hartford and [seal] P aul V. M yron, Small Business Administration Regional New Haven, Conn., on the one hand, Deputy Director, Office, 1114 Commerce Street, Dallas 2, Texas. and Harlem River, N. Y., on the other. Office of Alien Property. Small Business Administration Branch Grounds for relief: Competition with [F. R. Doc. 55-7909; Filed, Sept. 29, 1955; Office, Federal Office Building, Room 404, motor carriers on substituted rail for 8:51 a. m.] Fannin and Franklin Streets, Houston 14, motor transportation. Texas. FSA No. 31135: Beet or cane sugar— 2. No special field offices will be estab­ California to Missouri. Filed by W. J; Alfa-R omeo lished at this time. Prueter, Agent, fer interested rail car­ riers. Rates on beet or cane sugar, in NOTICE OF INTENTION TO RETURN 3. Applications for disaster loans un­ VESTED PROPERTY der the authority of this Declaration will bags, carloads, also on like sugars, liquid as described, tank-car loads, from speci­ Pursuant to section 32 (f) of the not be accepted subsequent to March 31, fied origins in California to specified Trading with the Enemy Act, as 1956. destinations in Missouri. amended, notice is hereby given of in­ Dated: September 26, 1955. Grounds for relief: Market competi­ tention to return, on or after 30 days tion and circuity. from the date of publication hereof, the W endell B. Barnes, Tariff: Supplement 32 to Agent Prue­ following property, subject to any in­ Administrator. ter’s I. C. C. 1567. crease or decrease resulting from the [F. R. Doc. 55-7905; Filed, Sept. 29, 1955; FSA No. 31136: Pig iron— Troy and administration thereof prior to return, 8:50 a. m.] Green Island, N. Y. to Erie, Pa. Filed by and after adequate provision for taxes C. W. Boin, Agent, for interested rail and conservatory expenses: carriers. Rates on pig iron, carloads Claimant, Claim No., Property, and Location from Troy and Green Island, N. Y.t to INTERSTATE COMMERCE Erie, Pa. Alfa-Romeo, S. P. A. Milan, Italy, Claim No. 59784, Vesting Orders No. 1696 and No. COMMISSION Grounds for relief: Barge competi­ 2194; $6,070.83 in the Treasury of the United tion and circuity. States. F ourth Section Applications for R elief Tariff: Supplement 4 to Agent Boin’s Executed at Washington, D. C., on September 27, 1955. I. C. C. A-1054 and Supplement 26 to Delaware & Hudson Corp. I. C. C. 278, September 22, 1955. Protests to the granting of an applica­ For the Attorney General. tion must be prepared in accordance By the Commission. with Rule 40 of the General Rules of [seal] P ath, V. Myron, [seal] Harold D. McCoy, Deputy Director, Practice (49 CFR 1.40) and filed within Secretary. 15 days from the date of publication of Office of Alien Property. [F. R. Doc. 55-7898; Filed, Sept. 29, 1955; this notice in the Federal Register. [P. R. Doc. 55-7910; Piled, Sept. 29, 1955; 8:48 a. m.] 8:51 a. m.]