^ x o n a l ^ X<, ) UTTERAt I SCRIPTA I ¿S /Q* ! MANET 1 ^ ¿ p \fk

VOLUME 21 ^ O N l J £ > ^ NUMBER 72

Washington, Friday, April 13, 1956

TITLE 6— AGRICULTURAL CREDIT Vice-President,'^CCC. In the field the CONTENTS program will be carried out by State and Chapter IV— Commodity Stabilization County Agricultural Stabilization and Agricultural Marketing Service Pa®e Service and Commodity Credit Cor­ Conservation offices (hereinafter called Rules and regulations: State and county offices) under the Avocados grown in South Flor­ poration, Department of Agricul­ supervision of State and County Agricul­ ida ; quality regulations_____ 2409 ture tural Stabilization and Conservation Tomatoes grown in Florida; Committees (hereinafter called State Subchapter B— Loans, Purchases, and Other limitation of shipments, Operations and county committees) and by CSS amendment ______2408 commodity offices. Producers interested Agriculture Department [ 1956 Honey Bulletin 1 ] hi participating in the program should contact their county offices, through See Agricultural Marketing Serv­ P art434— H oney ice; Commodity Credit Corpo­ which the, price support documents will ration. SUBPART— 1956 HONEY PRICE SUPPORT' be distributed. All documents will be PROGRAM completed and approved by the county Alien Property Office offices, which will retain copies thereof. Notices : This bulletin contains the regulations State and county committees and offices Vested property, intention to re­ applicable to the 1956 Honey Price Sup­ and CSS commodity offices da not have turn: port Program whereby the Secretary of authority to modify or waive any of the Korner, Wilhelmine, et al__ 2423 Agriculture makes price support for ex­ provisions of this subpart, or any amend­ Lazarowitsch, Schulem_____ 2422 tracted honey available through the ments or supplements to this subpart. Lize-Vreezen, H. C______2423 Commodity Credit Corporation and the Tanigawa, Hatsuko______2423 Commodity Stabilization Service (here­ § 434.702 Availability of price sup­ Von Mises, Hilda, et al_____ 2423 inafter referred to as CCC and CSS re­ port— (a) Method of support. Price Vesting orders: spectively) . support on extracted honey will be made Banca de Scont S. P. A_____ 2421 Sec. available to producers through loans on Banca Urbana S. A______2422 434.701 Administration. such honey stored in approved farm Saral S. A______2422 434.702 Availability of price support. storage, and through purchase agree­ 434.703 Eligible honey. ments. Army Department 434.704 Ineligible honey. (b) Area. Farm-storage loans and Rules and regulations: 434.705 Disbursement of loans ^ purchase agreements will be available Claims against United States; 434.706 Approved lending agencies. wherever eligible honey is produced in statutory provisions______2412 434.707 Apprpved storage. 434.708 Applicable forms. the continental United States. Commerce Department 434.709 Liens. (c) Where to apply. Application for See Foreign Commerce Bureau; 434.710 Service charges, price support should be made at the National Bureau of Standards.^ 434.711 Determination of quantity. county office of the county in which the 434.712 Determination of grade and color. producer’s place of operation is located Commodity Credit Corporation 434.713 Maturity of loans. or, if producer has more than one place Rules and regulations: 434.714 Set-offs. of operation, at the county office of the Honey; 1956 price support pro­ 434.715 Interest rate. gram ______2403 434.716 Transfer of producer’s interest. county in which the honey is stored. 434.717 Safeguarding the honey. (d) When to apply. Loans and pur­ Customs Bureau 434.718 Insurance. chase agreements will be available from Notices: Loss or damage to honey. April 1, 1956 through December 31, 1956, Coal, coke and briquettes; tax­ 34.720 Personal liability of the producer in Florida, Georgia, South Carolina, Ala­ able status when imported . for the honey. bama, Mississippi, Louisiana, Texas, New- from certain countries____ _ 2418 424 ^ Please of the honey under loan. Mexico, Arizona and California. In all Surgical stockings; change of 34.722 Liquidation of loans and delivery other States, loans and purchase agree­ under purchase agreements. tariff classification______2418 434.723 Purchase of notes. ments will be available from "July 1, 1956 Defense Department ™ Charges not to be assumed by CCC. through December 31, 1956. Applicable See Army Department. « i ;25 Support rates. documents must be signed by the pro­ 4.726 CSS commodity offices. ducer and delivered to the county office Federal Communications Com­ Au t h o r . § § 434.701 to 434.726 issued not later than December 31,1956. mission «aaer sec. 4, 62 Stat. 1070 as amended; 15 (e) Eligible producer. (1) An eligible Notices: St + ’^b . Interpret or apply sec. 5, 62 producer shall be any person, including Musser Broadcasting Co. et al.; I- 1072> secs. 201, 401, 63 Stat. 1052, 1954; a partnership, association or corporation, order advancing date of con­ U. S. C. 714c, 7 U. S. C. 1446, 1421. who, in 1956, extracts honey produced by ference ______2419 1*34.701 Administration. This sub- bees owned by him. Federal Power Commission part will be administered by the Sugar (2) A cooperative marketing associa­Notices: tin^1011’ under the general direc- tion of producers shall be eligible for a Hearings, etc.: on and supervision of the Executive (Continued on next page) Cunningham, Ruth, et al___ 2418 2403; > 2404 RULES AND REGULATIONS CONTENTS— Continued CONTENTS— Continued Fish and Wildlife Service Pa£® Tariff Commission pase FEDERAL^REGISTER Rules and regulations: Notices: V »3« _«K Alaska wildlife protection; tak­ Wood screws of iron or steel; ing animals, birds, and game investigation. discontinued fishes; miscellaneous amend­ and dismissed and hearing ments______— ;— 2414 canceled______t - 2421 Published daily, except Sundays, Mondays, Migratory birds and certain Treasury Department and days following official Federal holidays, game mammals; order revok­ by the Federal Register Division, National See Customs Bureau. Archives and Records Service, General Serv­ ing order permitting killing of ices Administration, pursuant to the au­ coots in agricultural areas of CODIFICATION GUIDE thority contained in the Federal Register Act, California-----,------v 2414 approved July 26, 1935 (49 Stat. 500, as Food and Drug Administration A numerical list of the parts of the Code amended; 44 U. S. C., ch. 8B ), under regula­ of Federal Regulations affected by documents tions prescribed by the Administrative Com­ Proposed rule making: published in this issue. Proposed rules, as mittee of the Federal Register, approved by Cheeses, processed cheeses, opposed to final actions, are identified as the President, Distribution is made only by cheese foods, cheese spreads, such. the Superintendent of Documents, Govern­ and related foods, definitions m ent Printing Office, W ashington 25, D. C, and standards of identity; Title 6 Page The F ederal R egister will be furnished by notice of proposal to establish Chapter IV: mail to subscribers, free of postage, for $1.50 an identity standard for nu- Part 434______2403 per month or $15.00 per year, payable in advance. The charge for individual copies world cheese and to amend Title 7 (minimum 15 cents) varies in proportion to identity standards for pas­ Chapter IX: the size of the issue. Remit check or money teurized process cheese and Part 945------2408 order, made payable to the Superintendent certain related foods------. 2415 2409 of Documents, directly to the Government Part 969------Printing Office, Washington 25, D. C. Foreign Commerce Bureau Title 15 The regulatory material appearing herein Notices: Chapter H: is keyed to the Code of F ederal R egulations, Revocation of export licenses Subchapter A------2411 which is published, under 50 titles, pursuant and denying of export priv- Part 230______2411 to section 11 of the Federal Register Act, as ileges: amended August 5, 1953. H ie Code of F ed­ Cole, Hobart Eugene, et al— 2416 Title 16 eral R egulations is sold by the Superin­ Chapter I: tendent of Documents. Prices of books and Meyns, Peter, & Co------2415 2411 pocket supplements vary. Health, Education, and Welfare There are no restrictions on the re­ Department Title 21 publication of material appearing in the See Food and Drug Administra­ Chapter I: F ederal R egister, or the Code of F ederal Part 19 (proposed ------2415 R egulations. tion. Interior Department Title 32 Chapter V: See Fish and Wildlife Services; Parf. ______2412 Land Management Bureau. CFR SUPPLEMENTS Interstate Commerce Commis­ Title 43 Chapter It (As of January 1, 1956) sion Appendix (Public land orders): Notices : 46 (revoked by PLO 1284)---- 2413 The following Supplement is now 2412 available: Fourth section applications for relief------— 2424 •J 9.R9. ______2412 Title 32; Parts 1-399 ($0.60) Increase in passenger fares and 19R3 ______2413 charges ; tariff publishing 1 ______2413 Previously announced: Title 3, 1955 Supp. rules______2424 ($2.00); Title 8 ($0.50); Title 9 ($0.70); Title 50 Titles 10-13 ($0.70); Title 18 ($0.50); Justice Department Chapter I: See Alien Property Office. 2414 Titles 22 and 23 ($1.00); Title 24 ($0.75); 2414 Title 25 ($0.50); Title 26: Parts 1-79 Land Management Bureau ($0.35), Parts 80-169 ($0.50), Parts Rules and regulations: 170-182 ($0.30), Parts 183-299 ($0.35); Public land orders : Title 32: Parts 7 00-799 ($0.35), Parts Alaska (2 documents)— 2412,2413 loan or purchase agreement on 800-1099 ($0.40), Part 1100 to end Colorado------2412 honey received from and produced oy ($0.35); Titles 4 0 -4 2 ($0.65); Title 49: U tah______2413 members of the association: Prouw > Parts 1-70 ($0.60), Parts 7 1 -9 0 ($1.00), That (i) the producer members ar Parts 91-1 6 4 ($0.50), Part 165 to end National Bureau of Standards bound by contract to deliver their eug- ($0.65) Rules and regulations : ble honey to the association free fl­ Standard samples and reference Order from Superintendent of Documents, ail liens and encumbrances; (ii) the Pr ‘ Government' Printing Office, Washington standards issued by Bureau; " ceeds of the eligible honey marketer 25, D. C. standard samples and refer­ the association are shared proporti ence standards with schedule ately among the producer-members of weights and fees; descrip­ cording to the grade and quantity tive list; miscellaneous such honey each delivers to the assoc ^ CONTENTS— Continued amendments------— — 2411 tion; (iii) the association has autno Test fee schedules; approval of- 2411 to obtain a loan on the security 01 . Federal Power Commission— Pas® Securities and Exchange Com­ honey and to give a lien thereon as Continued. mission as authority to sell such honey. ~ Notices—Continued Notices: honey received from producers u Hearings, etc.—Continued Hearings, ëtc. : such conditions may be delivered to u Tennessee Gas Transmission Household Finance Corp— 2419 under a loan or purchase agreement. __ Co______- ______2418 New England Electric System- 2420 determinations with respect to wne United Gas Pipe Line Co 2419 Small Business Administration or not a given organization is a c0°Pe ^ Federal Trade Commission Notices: tive marketing association of ProclaC Rules and regulations: Declaration of disaster areas: pursuant to this section shall be ma*r Harper & Brothers; cease.and Kansas______2421 or under the direction of the State desist order !______2411 Oklahoma______2421 mittee. The word “producer” as Friday, A pril 13, 1956 FEDERAL REGISTER 2405 hereafter shall be deemed to includo shall be stacked upright in a manner § 434.708 Applicable forms. The ap­ such a cooperative marketing association which will prevent damage to the con­ proved forms consist of the loan and pur­ of producers. tainers in the stacks, and so arranged chase agreement forms and such other that the containers in the stacks are forms and documents as are specified in § 434.703 Eligible honey. Any honey easily accessible for inspection. this subpart which, together with the other than that described in § 434.704 provisions of this subpart, govern the which at the time it is placed under loan § 434.704 Ineligible honey. Andro­ rights and responsibilities of the pro­ or tendered for purchase under a pur­ meda, Athel, Avocado, Bitterweed, ducer. Note and supplemental loan chase agreement meets the following re­ Broom weed, Cajeput, Carrot, Chinqua­ agreements, chattel mortgages, and pur­ quirements is eligible for price support. pin, Dog Fennel, Desert Hollyhock, Gum- weed, Mescal, Onion, Prickly Pear, Prune, chase agreements, must be dated, signed (a) The honey must be of the 1956 by the producer, and delivered to the crop, produced and extracted in con­ Queen’s Delight, Snowbrush (Ceano- thus), Snow-On-The-Mountain, Tar- county office on or before the final date tinental United States by an eligible of availability of loans or purchase producer. weed, and similar objectionably-flavored honeys or objectionably-flavored blends agreements. Note and supplemental (b) The honey shall be packed in con­ loan agreements, and chattel mortgages, tainers of a capacity df not less than 5 of honey as determined by the Director, Sugar Division, CSS, will not be eligible must have State and documentary reve­ gallons nor greater than 70 gallons, and nue stamps affixed thereto where re­ of a style used in normal commercial for price support regardless of whether they meet other eligibility requirements. quired by law. Loah and purchase practice in 4he honey industry. Five- agreement documents executed by an gallon containers shall be filled with 60 § 434.705 Disbursement of loans. administrator, executor or trustee will be pounds net of honey. Larger containers Disbursement of loans will be made to acceptable only where legally valid. shall be filled to their rated capacities. producers by county offices by means of (a) Farm-storage loans. Approved (1) The 5-gallon containers shall be sight drafts drawn on CCC or by ap­ forms shall consist of Commodity Loan new, clean, sound, uncased and free from proved lending agencies under agree­ Form A, Producer’s Note and Supple­ appreciable dents and rust. The handle ment with CCC. No disbursement shall mental Loan Agreement, secured by of each container shall be firm and be made later than 15 days after the final Commodity Loan Form AA, Commodity strong enough to permit carrying the date of the availability of loans, unless Chattel Mortgage, and such other forms filled can. The can closures shall be recommended by the State committee and documents as may be required by complete, including the cap liner pre-, and approved by the Executive Vice CCC. These forms shall also be used scribed for the particular style of can. President, CCC. Payment in cash, credit for honey stored by cooperative market­ The threads on both the cap and the can to the producer’s account, or the draw­ ing associations of producers in ware­ opening shall not be damaged in any way ing of a check dr draft, shall constitute houses under their control.' that will prevent a tight seal. Cans disbursement. The producer shall not (b) Purchase agreement documents. which are punctured, or which have been present the loan documents for disburse­ The purchase agreement forms shall con­ punctured and resealed by soldering, will ment of funds unless the honey is in ex­ sist of the Purchase Agreement (Com­ not be acceptable.' istence, in approved storage, and in good modity Purchase Form 1) and Purchase (2) Steel drums shall be new drums, or condition. If the honey was not in ex­ Agreement Settlement (Commodity Pur­ used drums which have been recondi­ istence, in approved storage, or in good chase Form 4) signed by the producer tioned both inside and outside. Steel condition at the time the producer re­ and approved by the county office, and drums must be clean, and treated to pre­ ceived the disbursement, the proceeds such other forms and documents as may vent rusting. The drums must be fitted shall be promptly refunded by the be required by CCC. with gaskets which will provide a tight producer. seal when closed. § 434.709 Liens. If there are any (3) Other commercial containers, such § 434.706 Approved lending agencies. liens or encumbrances on honey placed as wooden barrels or kegs, which are An approved lending agency shall be any under loan or delivered under purchase new or which have been reconditioned, bank, corporation, partnership, individ­ agreement, waivers acceptable to the are acceptable if sound, clean and leak- ual or legal entity with which CCC has county committee must be obtained. entered into a lending agency agreement proof. Such containers must be closed § 434.710 Service charges. Producers with bungs or other appropriate leak- (CCC Form 322 or other form prescribed by CCC). shall pay the following service charges proof closures. on the quantity of honey placed under (c) The beneficial interest in the § 434.707 Approved storage. Loans loan or specified in the purchase agree­ honey must be in the producer tendering will be made only on honey in approved ment. In the case of loans the service the honey for a loan, or for delivery un­ storage. Purchase agreements may be charges, except preliminary service der a purchase agreement, and must executed without regard to whether the charges, shall be collected from the pro­ always' have been in him, or must have honey is in approved storage. ceeds of the loan at the time the loan is been in him and a former producer (a) Farm storage. Approved farm disbursed. In the case of purchase whom, before the honey was extracted, storage shall Consist of storage struc­ agreements, the service charges shall be he succeeded as owner of the bees pro­ tures located on or off the farm (exclud­ ducing the honey. In the case of a co­ collected at the time the purchase agree­ ing public warehouses) which are de­ ment is completed. An additional serv­ operative marketing association these termined by the county office to be so stipulations as to beneficial interest shall located and of such substantial and ice charge shall be paid on any additional aPPly to each producer delivering to the permanent construction as to afford safe quantity delivered to and accepted by association. storage of the honey. In carrying out CCC under a loan. (d) The honey must be equal to or its responsibility the county office should (a) Rates: better than Grade C of the United States consider the extent to which the storage Standards for Grades of Extracted structures for honey are clean, dry, Rate Honey, effective April 16,1951: Provided, weatherproof and can be locked. Where (per 100 Mini­ "Method of price support pounds mum however, That in areas in which the such structure is used to house honey net) charge State Committee determines that exist­ other than that which is covered by a a s conditions make fermentation of single price support loan, a suitable par­ C ents high moisture honey probable during tition shall be used to preserve the iden­ Farm-storage loan______5 $3.00 the period of storage, the maximum tity of the honey covered by each price 2H 1.50 Moisture content allowable may be re­ support loan and segregate it from any duced by such committee from 20 per­ other honey in the storage structure. cent to 18.6 percent for any or all floral (b) Cooperative storage. Approved (b) State committees are authorized sources. storage for cooperative marketing asso­ to require prepayment of $3.00 of the (e) Honey offered for a farm-storage ciations shall meet the requirements service charge on a farm-storage loan wan must have been stored, in containers stated in paragraph (a) of this section. at the time the producer applies for the Pecified in paragraph (b) of this section, Preservation of the identity of each pro­ loan. .°r &t least 15 da^s prior to drawing the ducer’s honey in the lot covered by the (c) No refund of service charges will msPection sanfples. The containers mortgage will not be required. be made. 2406 RULES AND REGULATIONS § 434.711 Determination of quantity. agreement, shall be made on the basis of § 434.717 Safeguarding the honey. (a) Determination of quantity of honey nontable honey. If any blends of honey The producer obtaining a farm-storage in connection with applications for contain ineligible honey, the lot as a loan is obligated to maintain the storage farm-storage loans, shall be computed whole is ineligible. structure in good repair and to keep the on the basis of 55 pounds for each 5-gal­ § 434.713 Maturity of loans. Loans honey in good condition, until the loan is lon can and 11 pounds for each gallon of mature on demand, but not later than liquidated. rated capacity for containers larger than March 31, 1957, in all States. § 434.718 Insurance. CCC will not 5 gallon. require the producer to insure the honey (b) Determination of quantity, at § 434.714 Set-offs. If the producer placed under loan; however, if the pro­ time of delivery to CCC, of honey under is indebted to CCC on any accrued obli­ ducer insures such honey and indemnity loan or purchase agreement shall be gation, or if any installment or install­ is paid thereon, such indemnity shall in­ made by or under the direction of the ments on any loan made available by ure to the benefit of CCC to the extent State Committee. The quantity deter­ CCC on farm-storage facilities or mo­ of its interest, after first satisfying the mination of honey delivered in 5-gallon bile drying equipment are past due, or producer’s equity in the honey involved cans shall be based upon the number of are payable under the provisions of thej 5-gallon cans times the average per can note evidencing such loan out of the in the loss. net weight of honey rounded to the next proceeds of the price support loan or § 434.719 Loss gr damage to honey. lowest whole pound, or 60 pounds per can purchase, he must designate CCC or the If the honey is going out of condition, or net weight of honey, whichever is lower. lending agency holding such note as the is in danger of going out'if condition, The weight determination of honey de­ payee of the proceeds of the price sup­ the producer shall notify the county of­ livered in larger containers shall be the port purchase or loan to the extent of fice. The producer is responsible for actual net weight of honey. ^ such indebtedness or installments, but any loss in quantity or quality of the § 434.712 Determination of grade and not to exceed that portion of the pro­ honey placed under farm-storage loan, color, (a) Determination of grade and ceeds remaining after deduction of loan except that, subject to the provisions of color in connection with applications for service charges and amounts due prior § 434.718, physical loss or damage oc- farm-storage loans shall be made on the lienholders. If the producer is in­ curing after disbursement of the loan basis of samples drawn by the county debted to any other agency of the United funds to the producer, without fault, office and transmitted prepaid to an of­ States, and such indebtedness is listed on negligence, or conversion on the part of fice of the Processed Products Stand­ the county debt register, he must desig­ the producer, resulting solely from ex­ ardization and Inspection Branch, Fruit nate such agency as the payee of the ternal causes other than insect infesta­ and Vegetable Division, Agricultural proceeds as provided in this section. In­ tion, vermin, rodents, or animals, will be Marketing Service. Samples shall be debtedness owing to CCfc or to a lending assumed by CCC to the extent of the provided by the producer at no cost to agency as provided in this section shall settlement value of the quantity of the CCC. The cost of inspection shall be be given first consideration after claims honey lost, stolen, or destroyed, or to, the collected by the county office from the of prior lienholders. Compliance with extent of the damage as determined by producer for the account of the Proc­ the provisions of this section shall not CCC, provided the producer has given essed Products Standardization and In­ constitute a waiver of any right of the the couhty office immediate notice, con­ spection Branch at the time samples are producer to contest the justness of the firmed in writing, of such loss or damage, drawn. indebtedness involved either by admin­ and provided there has been no fraudu­ (b) Determination of grade and color, istrative appeal or legal action. lent representation made by the pro­ at time of delivery to CCC, of honey un­ § 434.715 Interest rate. Loans shall ducer in the loan documents or in der loan or purchase agreement, includ­ bear interest at the rate of 3% per cen­ obtaining the loan. Physical loss or ing the drawing of the samples, shall be tum per annum from the date of dis­ damage occurring prior to disbursement by representatives of the Processed bursement of the loan : Provided, That if of the loan funds to the producer will not Products Standardization and Inspec­ there is a default in satisfaction of the be assumed by CCC. Where disburse­ tion Branch, Fruit and Vegetable Divi­ loan the amount remaining due op the ment of funds is made by sight draft or sion, AMS. Samples shall be provided by date of such default (including accrued check, the date of the draft or check the producer at no cost to CCC. The interest) and any costs incurred by the shall constitute the date of disbursement cost of such sampling, and of grade, and holder of the note shall bear interest of the funds. color determination at time of delivery, thereafter at the rate of 6 per centum per § 434.720 Personal liability of the shall be paid by CCC. annum: Provided, further, That if the producer for the honey. The making of (c) Table honey shall be so segregated producer has made a fraudulent repre­ any fraudulent representation by the according to color that the color for the sentation in the loan documents or in producer in the loan documents, or in lot as a whole is within the tolerances for obtaining the loan, the principal amount obtaining the loan, or the conversion or color variations as outlined in the United of the loan, and any costs incurred by unlawful disposition of any portion of States Standards for Grades of Ex­ the holder of the note, shall bear interest the honey by him, may render the pro­ tracted Honey, effective April 16, 1951. from the date of disbursement at the rate ducer subject to criminal prosecution If a lot of honey is not segregated so that of 6 per centum per annum. under Federal law and will render him it can be certified in accordance • with § 434.716 Transfer of producer’s in­ personally liable for the amount due on the foregoing, the loan, settlement for terest—(a) Farm-storage loans. The the loan and. for any resulting expense the loan, or purchase under purchase producer shall not transfer either his incurred by any holder of the note. agreement, shall be made on the basis of remaining interest in, or his right to § 434.721 Release of the honey under the darkest color shown on the inspec­ redeem, honey mortgaged as security for loan. A producer may at any time ob­ tion certificate. a farm-storage loan. A producer who tain release of the honey remaining un­ (d) Table honey should be so segre­ wishes to liquidate all or part of his loan der loan by paying to the holder of the gated from nontable honey that it can by contracting for the sale of the honey, note and supplemental loan agreement, be certified for loan, settlement under must obtain written prior approval of the the principal amount thereof, pbjs loan, or purchase under purchase agree-, county office on Commodity Loan Form charges and accrued interest. All ment, in accordance with the categories 12 to remove the honey from storage charges in connection with the collection outlined in § 434.725. If a lot of honey is when the proceeds of the sale are needed of the note shall be paid by the producer. not segregated so that it can be given a to repay all or any part of thé loan. Any Upon presentation of the paid note, the single classification as either table or such approval shall be subject to the county office shall arrange for the re­ nontable honey, the loan, settlement for terms and conditions set out in Com­ lease of the chattel mortgage. Partial the loan, or purchase under purchase modity Loan Form 12, copies of which release of the honey prior to maturity agreement, shall be made on the basis of may be obtained by producers or prospec­ may be arranged with the county office nontable honey. tive purchasers at the county office. after making payment to the holder of (e) In the case of blends of table and (b) Purchase agreements. The pro­ the note for the quantity of the honey nontable honeys, the loan, settlement ducer may not assign his interest in a released, plus charges and accrued in­ under loan, or purchase under purchase purchase agreement. terest. However, in the event the quan- Friday, A pril 13, 1956 FEDERAL REGISTER 2407 tity of the honey contained in the storage ducer on the basis of the settlement the lending agency agreement. Lending structure and covered by the chattel documents. To avoid administrative agencies shall submit notes and reports mortgage is greater than the quantity costs of making small payments, if the to the ASC county office where the loan with respect to which the amount was amount found due the producer in such documents were approved. computed, application may be made to settlement is $3.00 or less such amount § 434.724 Charges not to "be assumed the county office for release of all or part will be paid only upon his request. If by CCC. CCC will not pay or assume of such excess without payment of the the settlement value of the honey is less any insurance charges, storage charges, loan. . \ than the amount due on the loan (ex­ inspection charges to determine eligi­ § 434.722 Liquidation of loans and de­ cluding interest), the amount of the de­ bility for a loan, or any handling or proc­ livery under purchase agreements—(a) ficiency, plus interest, shall be paid to essing charges necessary to make the Farm-storage loans. The producer is re­ CCC, or may be set off against any pay­ honey meet the eligibility requirements. quired to pay off his loan on or before ment which would otherwise be due to maturity, or to deliver the honey in ac­ the producer under any agricultural pro­ § 434.725 Support rates. Loans will cordance with instructions of the county gram administered by the Secretary of be made, and honey delivered under pur­ office. Delivery points for farm-storage Agriculture, or any other payments chase agreements will be purchased, at loans shall be limited to those recom­ which are due or may become due to the the support rates set forth below: mended by the State committee and ap­ producer from CCC or any other agency For States of Montana, Wyoming, Colorado, of the United States. To avoid admin­ New Mexico and States West Thereof proved by the Director, Sugar Division, istrative costs of handling small ac­ CSS. If the producer desires to deliver counts a deficiency of $3.00 or less, Rate the honey, he should, prior to maturity, (cents per give the county office notice in writing of including interest, may be disregarded pound) his intention to do so. The producer unless demand therefor is made by CCC 1. White and lighter table honey___ _ 9. 9 may, however, pay off his loan and re­ upon the producer. 2. Extra Light Amber table honey^„_ 9. 4 deem his honey at any time prior to de­ (c) Purchase agreements. The pro­3. Ndntable and other table honey__ 7. 9 livery to CCC or removal by CCC. In ducer who signs a purchase agreement For All States East of Montana, Wyoming, the event the farm is sold or there is a (Commodity Purchase Form 1) shall Colorado and New Mexico change of tenancy, the honey under a not be obligated to sell any quantity of Rate farm-storage loan may be delivered the honey to CCC. However, the quan­ (cents per before the maturity date of the loan, tity stated in.the purchase agreement ~T>ound) shall be the maximum quantity he may 1. White and lighter table honey___ _ 10. 8 upon prior approval by the county 2. Extra Light Amber table honey___ _ 10. 3 office, or may be delivered before the sell to CCC. If the producer who signs 3. Nontable and other table honey__ _ 8. 8 maturity date of the loan for other a purchase agreement wishes to sell the reasons upon prior approval -bf the Exec­ honey to CCC, he shall have a 30-day Loans will be made at the applicable utive Vice President of CCC. Settle­ period prior to the loan maturity date support rate established for the State in ment will be made at the applicable sup­ during which he must notify the county which the honey is stored. port rate in effect at the approved point office of his intention to sell. Deliveries (a) “Table honey” means honey hav­ of delivery subject to the provisions of shall not be accepted before March 31, ing the predominant flavor of not more the producer’s note and supplemental 1957, or such earlier date as prescribed than two floral sources, and preferably loan agreement and this subpart, on the by the Executive Vice President, CCC. one, which can be readily marketed for basis of the quantity, floral source, color The producer may be required to retain table use in all parts of the country. and grade at the time of delivery as de­ the honey for a period of 60 days after Such honey includes those with the pre­ termined in accordance with §§434.711 the loan maturity date, without any cost dominant flavors of Alfalfa, Brazil (b) and 434.712 (b) (c) (d) and (e). If to CCC. Delivery under purchase agree­ Brush, Catsclaw, Clover, Cotton, Fire- farm-stored honey is delivered to CCC ments shall be made in accordance with weed, Gallberry, Huajillo, Lima Bean, prior to March 31, 1957, upon request of instructions issued by the county office. Mesquite, Orange, Raspberry, Sage, Saw the producer and with the approval of Delivery points for purchase agreements Palmetto, Sourwood, Star Thistle, Sweet- CCC, the loan settlement shall be re­ shall be limited to those recommended clover, Tupelo, Vetch, Western Wild duced at the rate of 1/20 of a cent per by the State committee and approved Buckwheat, Wild Alfalfa, and similar pound per month or fraction thereof, by the Director, Sugar Division, CSS. predominantly mild-flavored honeys, or from the date delivery is accomplished, Honey delivered under a puroiiase agree­ predominantly mild-flavored blends of or from the final date for delivery shown ment must meet the requirements for honey, as determined by the Director, in the delivery instructions issued by the eligible honey as set forth in §§ 434.703 Sugar Division, CSS. county office, whichever is earlier, to and and 434.712 (e). Payment for eligible (b) “Nontable honey” means honey including March 31„ 1957. Settlement honey delivered to CCC under purchase having a predominant flavor of limited value for honey delivered which does not agreements shall be at the applicable national acceptability for table use but meet the eligibility requirements with re­ support rate in effect at the approved considered to be suitable for table use in spect to grade shall be determined at the delivery point, on the basis of the quan­ most areas in which it is produced. Such support rate for the honey placed under tity, floral source, color, and grade at honeys include those with the predomi­ loan less the estimated cost, as deter­ the time of delivery as determined in nant flavors of Aster, Buckwheat (except mined by CCC, for conditioning such accordance with §§ 434.711 (b) and Western Wild Buckwheat), Cabbage honey to conform to the grade of honey 434.712 (b), (c), (dX* and (e). Such pay­ Palmetto, Eucalyptus, Goldenrod, described in the loan documents. The ment will be made to the producer by Heartsease (Smartweed), Horsemint, settlement value for honey delivered sight draft drawn on CCC by the Mangrove, Manzanita, Mint, Partridge which does not meet eligibility require­ •county office. Pea, Rattan Vine, Salt Cedar (Tamarix ments because of floral source, or which § 434.723 Purchare of notes. County gallica), Spanish Needle, Ti-ti, Toyon cannot be conditioned to meet grade re­ offices will purchase notes evidencing (Christmas Berry), Tulip-Poplar, and quirements, shall be the actual market loans from approved lending agencies in similarly-flavored honeys, or blends of value of such honey, if any, as deter- accordance with the lending agency such honeys, as determined by the ®d^ed by CCC. The producer shall pay agreement. The purchase price to be Director, Sugar Division, CSS. CCC for any deficiency in quantity, floral paid by CCC shall be the principal sums source, grade or color. Any payment due § 434.726 CSS commodity officers. remaining due on such notes, plus an The CSS commodity offices and the areas pne producer on settlement may be made amount computed according to the lend­ by sight draft drawn on CCC by the ing agency agreement to cover interest. served by them are shown below: county office. Lending agencies are required to submit Chicago 5, Illinois, 623 South Wabash Ave­ (b> Handling small amounts on settle- Commodity Credit Corporation Form nue : Connecticut, Delaware, Illinois, Indiana, If the settlement value of the Iowa, Kentucky, Maine, Maryland, Massachu­ 500, or such other form as CCC may pre­ setts, Michigan, New Hampshire, New Jersey, iJbPey delivered under a farm-storage scribe, for all payments received on pro­ New York, Ohio, Pennsylvania, Rhode Is­ oan exceeds the amount due on the loan ducers’ notes held by them, and are re­ land, Vermont, Virginia, West Virginia. ^eluding interest! by more than $3.00, quired to remit to CCC a part of the in­ Dallas 1, Texas, 500 South Ervay Street: ucn amount will be paid to the pro- terest collected, computed according to Alabama, Arkansas, Florida, Georgia, Louisi-' 2408 RULES AND REGULATIONS ana, Mississippi, New Mexico, North Carolina, creases are expected to continue to the have , proportionately greater areas); Oklahoma, South Carolina, Tennessee, Texas. spring seasonal peak. Also, the price and (iii) scars (other than catfaces) Kansas City 6, Missouri, Federal "Office received for tomatoes has decreased shall not have an aggregate area exceed­ Building, 911 Walnut Street: Colorado, Kan­ within the last 10 days. The major vol­ ing that of a circle 1 inch in diameter sas, Missiouri, Nebraska, Wyoming. on a tomato 2Yz inches in diameter Minneapolis 8, Minnesota, 1006 West Lake ume of tomatoes for the winter and early Street: Minnesota, Montana, North Dakota, spring season to date has originated pri­ (smaller tomatoes shall have propor­ South Dakota, Wisconsin. marily in South Florida. Tomatoes are tionately lesser areas of scars and larger Portland 5, Oregon, 1218 Southwest Wash­ now being marketed from the Fort tomatoes may have proportionately ington. Street: Arizona, California, Idaho, Pierce, Immokalee, and West Coast pro­ greater areas of scars). Not more than Nevada, Oregon, Utah, Washington. ducing sections, and such marketings a total of 10 percent, by count, of the Issued this 9th day of April 1956. will increase rapidly to a seasonal peak, tomatoes in any lot may fail to meet the with such increasing supplies having an applicable grade requirements for the lot [seal] W alter C. B erger, additional depressing effect upon prices. as modified by the preceding sentence of Acting Executive Vice President, The lowest recognized grades and the this subparagraph. Not more than 5 Commodity Credit Corporation. smaller sizes, such as 7 x 8 size, and percent, by count, of the tomatoes in any lot ?nay be smaller than the specified [F. R. Doc. 56-2876; Filed, Apr. 12, 1956; the No. 2 grade size 7x7, return prices 8:53 a. m.] to growers which result in disorderly minimum diameter. marketing conditions. Growers’ prices (2) Any lot of tomatoes containing also áre adversely affected by overpack- more than ten (10) percent of mature TITLE 7— AGRICULTURE ing, i. e., increasing the net weight of green tomatoes shall be classified as ma­ tomatoes per container in excess of cus­ ture green tomatoes for purpose of limi­ Chapter IX— Agricultural Marketing tomary or normal net contents, espe­ tation of shipments pursuant to this Service (Marketing Agreements and cially during periods of declining and low subparagraph. Subject to the require­ prices. A standard for determining ments of subparagraph (1) of this para­ Orders), Department of Agriculture when a lot of tomatoes shall be deemed graph, no person shall handle for ship­ [945.301 Arndt. 5] to be “mature green” is essential and ment outside the production area any necessary as á basis for operation of this such mature green tomatoes unless they P art 945—T omatoes G row n in F lorida regulation. The time intervening be­ are packed within one of the following LIMITATION OF SHIPMENT tween the date (April 4, 1956) when in­ ranges of diameters (expressed in terms formation upon this amendment is based of minimum and maximum): Findings, (a) Pursuant to Marketing became available and the time (April Agreement No. 125 and Order No. 45 (7 16, 1956) when this amendment must Size arrangements Diameter (inches) CFR Part 945; 20 F. R. 7357), regulating become effective in order-to effectuate the handling of tomatoes grown in Flor­ the- declared policy of the act is in­ 7 t 7 ______- Over 2H to 2%2, to* ida, effective under the applicable pro­ sufficient to permit the taking of the elusive. . visions of the Agriculture Marketing fi T 7 ______- - - Over 2%2 to 2l7Ah in­ aforementioned actions. Compliance clusive. Agreement Act of 1937, as amended (48 with this amendment will not require Over 217/$2. Stat. 31, as amended; 7 U. S. C. 601 et special preparation on the part of han­ seq.; 68 Stat. 906, 1047), and upon the dlers which cannot be completed by Such mature green tomatoes shall be basis of the recommendation and infor­ April 16, 1956, and reasonable time is mation submitted by the Florida Tomato packed separately for each size range. permitted, under the circumstances, for To allow for variations incident to Committee, established pursuant to said such preparation. Information regard­ marketing agreement and order, and proper sizing, not more than a total of ing the committee’s recommendations, 10 percent, by count, of the mature upon other available information, it is which are herein adopted was, made hereby found that the amendment to the green tomatoes in any lot may be smaller available to producers and handlers in than the specified minimum diameter, limitation of shipments, as hereinafter the production area when such recom­ "provided, will tend to effectuate the de­ or larger than the specified maximum mendations were made to this Depart­ diameter, except that not more than 5 clared policy of the act. ment. percent, lay count, of such tomatoes may (b) It is hereby found that it is im­ Order, as amended. The provisions of be smaller than 2% inches in diameter. practicable, unnecessary, and contrary § 945.301 £b), as amended (21 F. R. The requirements of this subparagraph to the public interest to give preliminary 1981), are hereby further amended for shall be applicable only to mature green notice, engage in public rule-making pro­ the period April 16, 1956 to May 31, 1956, tomatoes: deemed to be tomatoes gen­ cedure, and postpone the effective date both dates inclusive, as follows? erally showing a slight break in the of this amendment later than April 16, (b) Order. (1) No person shall han­ ground color to a whitish green color 1956. The basic changes in the existing dle for shipment outside the production over the shoulders; the contents of the regulation which will be effected by this area any tomatoes unless such tomatoes seed cavities will be slightly moist and ot amendment are as follows: (1) The are of a size not smaller than 2% inches a jelly or glue-like consistency; the seed smallest size of tomatoes permitted to minimum diameter (size 7 - x 7 and will be well developed, slightly hard, and be handled will be increased from \y& larger) and meet the requirements of 85 in slicing the fruit with a sharp knxie inch to 2Va inch diameter; (2) the mini­ percent U. S. No, 1 or better grade, ex­ will usually be pushed aside rather than mum grade permissible for handling will cept that tomatoes which meet the min­ cut; and the contents of two or mor be raised from U. S. No. 2 to a require­ imum requirements of 2%2 inches locules must have a jelly-like con­ ment that 85 percent of each lot must minimum diameter (size 6 x 7 and sistency and well developed seeds. Tn be U. S. No. 1, except that lots of toma­ larger) may be handled for shipment requirements of this subparagraph sha toes of 2%2-inch minimum diameter may outside the production area if they meet not be applicable to “pink” tomato be of U. S. No. 2 or better grade other the requirements of U. S. No. 2 c>r better (deemed to be tomatoes usually hard than for growth cracks, cat faces and grade, except for growth cracks, catfaces, firm to fee?; which ar.e turning in color, scars; (3) any lot containing more than and scars. For purposes of these excep­ with most of the surface of the tnh 10 percent mature green tomatoes shall tions: (i) Growth cracks shall be well ranging from green to yellow, but she be classified as mature green tomatoes healed and no individual crack shall ex­ ing some pink or yellow at the W°ss, for limitation under this amended regu­ ceed 1 inch in length or inch in depth end) and tomatoes having a greater o - lation; and (4) minimum and maximum and ?;he aggregate length of all cracks gree of maturity. . net weights will be specified for tomatoes shall not exceed 2 inches; (ii) catfaces (3) No person shall handle for ship packed in containers of dimensions cus­ shall not have channels extending into ment outside the production area tomarily used in the handling of Florida the locules, and the aggregate area of tomatoes packed in the following c tomatoes. These changes will impose fairly smooth catfaces shall not exceed tainers unless the net weight of - ^ additional limitations on the handling thdt of a circle 1 inch in diameter on a tomatoes in each such container of Florida tomatoes. Such action is tomato 2 l/z inches in diameter (smaller within the following minimum andJ“ „t, necessary because shipments of tomatoes tomatoes shall llave proportionately mum net weights set forth for each s are increasing in volume and such in­ lesser areas and larger tomatoes may container; Friday, A p ril 13, 1956 FEDERAL REGISTER 2409 (a) No. 1 grade. “No. 1 grade” con­ Net weight oí tomatoes sists of avocados of similar varietal char­ Carrier con­ Cubic (pounds) acteristics which are mature but not Container usual description tainer No. Inside dimensions content overripe, well forméd, clean, well colored, Mini­ Maxi­ well trimmed, and which are free from mum mum decay, anthracnose, freezing injury and free from damage caused by bruises, cuts Inches or other skin breaks, pulled stems, russet- 11 X 11 X 22%_____ ;____ 2692 60 62 401.*5 1115/¡<, X 1115,-iff Y 1834 , 2672 60 62 ing or similar discoloration, scars or scab, 50 1 11 X 10% X 19 . 2247 50 51% sunburn, sunscald or sprayburn, cercos- 1074« y 1034 y 189/íff 2083 50 51% pora spot, other disease, insects, or me­ 1915 10 X 9 X 19%__ 1728 40 41% 7007.-...... 1822 40 41% chanical or other means. In order to 10-pound bulge pack tomato box______SJ 27 *...... 10x8%x 19H— ______1753 40 41% allow for variations incident to proper grading and handling, not more than a i Manufacturer’s number. total of 10 percent, by count, of the To allow for variations incident to proper (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. avocados in any lot may fail to meet the packing, not more than a total of ten 608c) requirements of this grade: Provided, percent of the containers in any lot, by That not more than one-half of this Done at Washington, D. C., this 10th amount, or 5 percent, máy be affected count, may vary in net weight of con­ day of April 1956, to become effective by anthracnose or decay, including tents of tomatoes from the minimum and April 16, 1956. maximum net weights of tomatoes set therein not more than 1 percent for de­ forth above for each such container. [ seal] G. R. G range, cay. (See Application of Tolerances and (4) Pursuant to § 945.53 each person Acting Director, Standard Pack Requirements.) Fruity and, Vegetable Division. (b) Combination grade. Any lot of may handle for shipment outside the avocados may be designated “Combina­ production area not in excess of 300 [F. R. Doc. 56-2875; Filed, Apr.' 12, 1956; tion grade” when not less than 60 per­ pounds of tomatoes per day without re­ 8:53 a. m.] gard to the requirements of this part: cent, by count, of the avocados in each Provided, That this exception shall not container meet the requirements of the be deemed to apply in case the tomatoes No. 1 grade and the remainder meet the are shipped or transported in conjunc­ requirements of the No. 2 grade. In or­ P art 969—A vocados G rown in S outh tion with tomatoes which are required to der to allow for variations incident to F lorida proper grading and handling, not more be inspected and certified pursuant to than a total of 10 percent, by count, of 1945.60. QUALITY REGULATIONS (5) The requirements of subpara­ the avocados in any lot may fail to meet graphs (1) and (2) of this paragraph Notice was published in the F ederal the requirements of the No. 2 grade: shall not be”applicable to shipments of R egister issue of March 15, 1956 (21 Provided, That not more than one-half tomatoes to (i) canning plants, or (ii) F. R. 1655), that the Department was of this amount, or 5 peróent, may be for relief or charity. giving consideration to the proposed affected by anthracnose or decay, includ­ (6) Each handler making Shipments amendment of the supplementing rules ing therein not more than 1 percent for of tomatoes to canning plants or for and regulations (7 CFR 969.110 et seq.; decay. No part of any tolerance shall relief or charity shall file an application Subpart—Rules and Regulations; 20 be allowed to reduce for the lot as a Pursuant to § 945.56 with the committee F. R. 3557) currently in effect pursuant whole the percentage of No. 1 fruit re­ to the marketing agreement, as amended, quired or specified in the combination, for a Certificate of Privilege for such but individual containers may have not shipments. Further, each handler who and Order No. 69, as amended (7 CFR Part 969 ; 20 F. R. 4177), regulating the more than 10 percent less than the per­ ships tomatoes for relief or charity shall, centage of No. 1 fruit required or speci­ Pursuant to § 945.80, furnish a record of handling of avocados grown -in South Florida, effective under the applicable fied. (See Application of Tolerances such shipments to the committee. In and Standard Pack Requirements.) addition, each application for a Certifi­ provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 (c) No. 2 grade. “No. 2 grade” con­ cate of Privilege to ship tomatoes for re- sists of avocados of similar varietal char­ bcf or charity or to canning plants shall U. S. C. 601 et seq.; 68 Stat. 906, 1047). After consideration of all relevant acteristics which are mature but not be accompanied by the respective con­ overripe, fairly well formed, clean, fairly signee’s certification that the tomatoes matters presented, including the propo­ sals set forth in the aforesaid notice well colored, well trimmed and which are to be shipped to him will be used only for free from decay, freezing injury and free canning or for relief or charity, as the which were submitted by the Avocado Administrative Committee (established from serious damage caused by anthrac­ case may be. nose, bruises, cuts or other skin breaks, (7) No person shall handle for ship­ pursuant to said amended marketing agreement and order as the agency to pulled stems, russetting or similar dis­ ment outside the production area any coloration, scars or scab, sunburn, sun- tomatoes for which inspection is required .administer the provisions thereof), it is hereby found that the amendment, as scald or sprayburn, cercospora spot, unless an appropriate inspection certifi­ other disease, insects, or mechanical or cate has been issued with respect thereto hereinafter set forth, of the said rules and regulations is in accordance with the other means. In order to allow for vari­ and the certificate is valid at the time of ations incident to proper grading and nandling. For purposes of operation provisions of the. said amended market­ ing agreement and order and will tend to handling, not more than a total of 10 wider this part, each inspection certifi­ percent, by count, of the avocados in cate is hereby determined, pursuant "to effectuate the declared purposes of the Agricultural Marketing Agreement Act any lot may fail to meet the require­ Paragraph (c) of § 945.60, to be valid for ments of this grade: Provided, That not Period not to exceed 72 hours follow- of 1937, as amended. Such amendment, modified to correct a typographical er­ more than one-half of this amount, or . ^ completion of inspection as shown 5 percent, shall be allowed for serious n the applicable certificate. ror, is hereby approved; and the said rules and regulations are amended as damage by anthracnose or decay, in­ yJP S. No. 2 Grade,” as used in this cluding therein not more than 1 percent Z —j1' shall have the same meaning as- follows: Amend § 969.130 of the supplementing for decay. (See Application of Toler­ this term in the United States ances and Standard Pack Require­ lfir?~ards for Fresh Tomatoes (§§ 51.- rules and regulations (7 CFR 969.110 et seq.; 20 F. R. 3557), so that said section ments.) 7u^ » 51 1876 of this title; 18 F. R. will read as follows: (d) No. 3 grade. “No. 3 grade” con­ thpr • lnc^u^inS the tolerances set forth sists of avocados of similar varietal spf.+fln’ other terms used in this § 969.130 Quality regulations. Qual­ characteristics which are mature but not llave the same meaning as ity regulations recommended^ and estab­ overripe, which are not badly misshapen, 15e n in Marketing Agreement No. lished pursuant to § 969.50 shall be on the and which are free from decay and free 20 P It ° 3r5d7er No- 45 <§§ 945-1 to 945.92; basis of the following specifications or from serious damage caused by an­ appropriate modifications thereof : thracnose and from very serious damage 2410 RULES AND REGULATIONS caused by freezing injury, bruises, cuts (5) Clean. “Clean” means that the ceeds the area of a rectangle one inch or other skin breaks, pulled stems, rus- avocado is practically free from dirt, in length and one-foufth inch in width, seting or similar discoloration, scars or staining or other foreign material. or when not healed and penetrating into scab, sunburn, sunscald or sprayburn, (6) Well colored. “Well colored”* the flesh of the fruit, or when healed and cerocospora spot, other disease, insects, means that the avocado has the color the appearance is seriously affected. dirt, or mechanical or other means. In characteristic of the variety. (iii) Pulled stems when the skin sur­ order to allow for variations incident to (7) Well trimmed. “Well trimmed” rounding the exposed stem cavity is torn proper grading and handling, not more means that the stem, when present, is more than an aggregate area of a circle than a total of 10 percent, by count, of cut off fairly smoothly at a point not one-fourth inch in diameter, or when the avocados in any lot may fail to meet more than one-fourth inch beyond the flesh is torn. the requirements of this grade, including shoulder of the avocado. (iv) Russeting or similar discoloration therein not more than 2 percent of de­ (8) Damage. “Damage” means any when the appearance of the avocado is defect which materially affects the ap­ affected to a greater extent than that cay. (See Application of Tolerances and of an avocado which has light-brown Standard Pack Requirements.) pearance, or the edible or shipping qual­ (e) Unclassified. “Unclassified” con­ ity of the individual fruit, or the general surface discoloration aggregating 25 per­ appearance of the fruits in the con­ cent of the fruit surface. sists of avocados which have not been (v) Scars or scab when the appear­ classified in accordance with any of the tainer/ Any one of the following de­ fects, or any combination of defects, the ance of the avocado is affected to a foregoing grades. The term “unclassi­ greater extent than that of an avocado fied” is not a grade, as used herein, but seriousness of which exceeds the maxi­ mum allowed for any one defect,, shall which has light-brown superficial, fairly is provided as a designation to show smooth scars aggregating 25 percent of that no grade has been applied to the be considered as damage: (i) Cuts or other skin breaks when not the fruit surface. lot. (vi) Sunburn when the appearance of (f) Standard pack. (1) The avo­ healed and penetrating beneath the epi­ dermis or the aggregate area exceeds the avocado is affected to a greater ex­ cados shall be packed in accordance with tent than that of an avocado which has good commercial practice and the pack the are# of a rectangle one inch in length and one-eighth inch in width; or when greenish-yellow colored sunburn aggre­ shall be at least fairly tight. The size gating 25 percent of the fruit surface. of the avocados may be specified by healed and the appearance is materially affected. fvii) Sunscald or sprayburn when not count. The weight, of the smallest fruit well-healed, or when soft, or when the in a container shali be not less than 75 (ii) Pulled stems when the exposed stem cavity is excessively deep, or when appearance of the avocado is affected to percent of the weight of the largest fruit. a greater extent than that of an avocado (2) In order to allow for variations skin surroundipg the stem cavity is more than slightly torn. which has light-brown superficial, fairly incident to proper packing and sizing, smooth scars aggregating 25 percent of not more than 5 percent of the cohtainers (iii) Russeting or similar discolora­ tions when the appearance of the avo­ the fruit surface. may fail to meet the requirements for (viii) Cercospora spot when any spot fairly tight. And n 'o t more than 5 per­ cado is affected to a greater extent than that of an avocado which has light- exceeds the area of a circle ^4 inch in cent, by count, of the avocados in any diameter or when more than three spots container may weigh less than 75 percent brown surface discoloration aggregat­ ing 10 percent of the fruit surface. each of which exceeds the area of a • of the weight of the largest fruit: Pro­ circle inch in diameter, or when vided, That no fruit, in any container, (iv) Scars or scab when the appear­ ance of the avocado is affected to a the aggregate area of all s p o ts exceeds shall be less than 60 percent of the the area of a circle 1 inch in diameter. weight of the largest fruit. greater extent than that of an avocado which has light-brown superficial, (12) Badly \misshapen. “Badly mis­ (g) Application of tolerances. The shapen” means that the avocado is so contents of individual packages in the fairly smooth scars aggregating 10 per­ cent of the fruit surface. badly curved, constricted, pointed or lot, based on sample inspection, are sub­ otherwise deformed that the appearance ject to the following limitations: Pro­ (v) Sunburn when the appearance of the avocado is affected to a greater ex­ is very seriously affected. vided, That the averages for the entire (13) Very serious damage. ‘Very lot are within the tolerances specified for tent than that of an avocado which has greenish-yellow colored sunburn aggre­ serious damage” means any defect which the grade: very seriously affects the appearance, or (1) For packages which contain more gated 10 percent of the fruit surface. (vi) Sunscald or sprayburn when not the edible or shipping quality of the avo­ than 20 avocados and a tolerance of 10 cado. Any one of the following defects, percent or more is provided, individual well-healed, or when soft, or when the appearance of the avocado is affected to or any combination of defects, the seri­ packages in any lot shall have not more ousness of which exceeds the maximum than one and one-half times the toler­ a greater extent than that of an avocado which has light-brown superficial, fairly allowed for any one defect, shall be con­ ance specified. For packages which con­ sidered as very serious damage: tain more than 20 avocados and a toler­ smooth scars aggregating 10 percent of the fruit surface. (i) Cuts or other skin breaks when ance of less than 10 percent is provided, not healed and penetrating into tn individual packages in any lot shall have (9) Fairly well formed. “Fairly well formed” means that the avocado may be flesh of the fruit, or any skin break very not more than double the tolerance seriously affecting the appearance, specified, except that at least one defec­ slightly abnormal in shape but not to the extent that the appearance is seri­ the edible or shipping quality. . tive and one off-size specimen may be (ii) Pulled stems when the skm su permitted in any package. ously affected. rounding the exposed stem cavity is to (2) For packages which contain 20 (10) Fairly well colored. “Fairly well colored” means that the avocado shows more than an aggregate area of a cir avocados or less, individual packages one-half inch in diameter, or when shall have not more than double the a shade of color which is fairly char­ acteristic of the variety. flesh is torn. • . „nfinn tolerance specified, except that at least (iii) Russeting or similar discolorati one defective and one off-size specimen (11) Serious damage. “Serious dam­ age” means any defect which seriously when the appearance of the avoca may be permitted in any package. affected to a greater extent than (h) Definitions—(I) Similar varietal affects the appearance, or the edible or shipping quality of the individual fruit, of an avocado which has light-D characteristics. “Similar varietal char­ surface discoloration aggregating o acteristics” means that the avocados in or the general appearance of the avo­ cados in the container. Any one of the cent of the fruit surface. „„„par- any container are similar in shape, tex­ (iv) Scars or scab when the app a ture and color of skin and flesh. following defects, or any combination of defects, the seriousness of which exceeds ance of the avocado is affecte j0 (2) Mature. “Mature” means that greater extent than that of an av the avocado has reached a stage of the maximum allowed for any one defect, shall be considered as serious damage: which has light-brown superficial, growth which will insure a proper com­ smooth "scars aggregating 50 per ce pletion of the ripening process. (i) Anthracnose when any spot ex­ ceeds the area of a circle one-fourth inch the fruit surface. _ oT,ce of (3) Overripe. “Overripe” means that (v) Sunburn when the a p p e a r s '"the avocado is dead ripe with flesh soft in diameter, or when more than 3 spots each exceeding the area of a circle three- the avocado is affected to a srea or discolored and past commercial use. tent than that of an avocado wnici (4) Well formed. “Well formed” sixteenths inch in diameter. (ii) Cuts or other skin breaks when greenish-yellow colored sunburn means that the avocado has the normal gating 50 per cent of the fruit su shape characteristic of the variety. not healed and the aggregate area ex- Friday, A p ril 13, 1956 FEDERAL REGISTER 2411

(vi) Sunscald or spray burn when not 2. The schedule in paragraph (p) inal one-pint capacity. This quantity well healed, or when the appearance of Standards for rubber compounding, is is sufficient for the calibration of most the avocado is affected to a greater ex­ amended to read as follows: viscometers. In cases where a larger tent than that of an avocado which has quantity (e. g. duplicate samples) is re­ light-brown superficial, fairly smooth Approx­ quired, a satisfactory explanation of the scars aggregating 50 per cent of the imate need for the larger quantity must be Sample weight Price fruit surface. No. Name of per giveii in the order or accompanying let­ sample 'sample ter. All available liquids are hydro­ (Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. in grams carbon oils and are listed in the tables 608c) below: Issued this 10th day of April 1956, to 370a___ Zinc oxide______2,000 $2.15 (1) For use with viscometers cali­ 371b___ Sulfur...... 1,400 1. 75 be effective 30 days after publication in 372b__ Stearic acid...... 600 1.90 brated in units of absolute or kinematic the Federal R egister. 373b__ Benzothiazyl disulfide_____ 500 1.75 viscosity, (i) Price covers the sample 374a___ Tetramethyl thiuramdisul- 500 3.50 [seal] R oy W. Lennartson, fide. and a report containing accurate values Deputy Administrator. 375c___ Channel black______7,500 3.50 at the time of shipment, for absolute 376a___ Light magnesia oxide_____ > 450 2.40 viscosity, kinematic viscosity, and den­ [P. R. Doc. 56-2850; Filed, Apr. 12, 1956; 377...... Phenyl-beta-naphthylamine. 600 4.00 378 ___ 7,000 3. 50 sity at the following temperatures: 8:47 a. m.J 379 . . . 5,500 3.50 380...... Calcium carbonate__:_____ 6,000 2.50 Oils D through N__ 20° C., 25° C„ 100° F., 381 . . . 4,000 2. 50 and 210° F. 382 . . . 7,500 3.50 Oil OB______20° C., 25° C., and 40° C. TITLE 15— COMMERCE AND Oih F ____ !______30° C., 40° C., and 50° C. FOREIGN TRADE N ote: Normally, samples are shipped railway express, express charges collect. (ii) Viscosity values at other tempera­ tures in the range 20° C. to 100° C. (30° Chapter II— National Bureau of Stand­ 3. The schedule in paragraph (q) ards, Department of Commerce C. to 100° C. for Oil P) are supplied as a Standard oils for use as viscometer cali­ special service. For Oils D through N, Subchapter A— Test Fee Schedules brating liquids, is amended to read as the charge for this special service is $15 follows: Approval of R evision of S ubchapter per sample per temperature. For Oils (q) Standard oils for use as viscom­ OB and P, the charge is $32 per sample The revised Schedule o f Test Pees p u b ­ eter calibrating liquids. These oils are per temperature. These special service lished in the F ederal R egister o f March not intended for use as permanent vis­ charges are in addition to the charge for 30, 1956 (21 P. R. 1954) is hereby cosity standards. They are not suitable the sample and usual report. approved. for stockroom items and should be (iii) The approximate viscosities and [seal] S inclair W eek s, ordered only for immediate use. They - the prices of the calibrating oils are as Secretary of Commerce. are available only in containers of nom­ follows: [F. R. Doc. 56-2853; Filed, Apr. 12, 1956; 8:48 a. m.] Absolute viscosity, in poises, at— Kinematic viscosity, in stokes, at-!*-v—- Price per ' sample OU f. o. b. Washing­ 20° C. 25° C. 100° F. 210° F. 20° C. 25° C. 100° F. 210° F. ton, D. C.

Subchapter B— Standard Samples n 0.020 0.018 0.014 0.006 0.026 0.023 0.019 0.008 $15.00 Part 230—S tandard S amples and R efer­ H...... 074 .063- .044 .013 .091 .078 .055 .017 15.00 I...... 12 .10 .066 .017 .14 .12 .081 .022 15.00 ence S tandards I ssued by N ational J...... 21 .17 .11 . 023 . .25 .21 .13 .028 15.00 Bureau of S tandards K...... _...... 41 .32 .18 .032 .48 .38 .22 .040 15.00 L.______1.0 .74 .37 .049 1.1 .84 .43 .060 15.00 Subpart B— S tandard S amples W ith M ___ _-c...... 3.0 2.1 1.0 .099 3.4 2.4 1.1 .12 15.00 N ...... 14 9.6 4.0 .25 16 11 4.6 .30 15.00 S chedule of W eights and F ees descriptive l ist ; miscellaneous 20° C. 25° C. 30° Ç. 40° C. 50° C. 20° C. 25° C. 30° C. 40° C. 50° C, AMENDMENTS In accordance with the provisions of OB 330 210 62 380 240 70 $32.00 p 480 200 95 540 230 110 32.00 section 4 (a) and (c) of the Administra­ r tive Procedure Act, it has been found (2) For use with Saybolt viscometers. (Sec. 9, 31 Stat. 1450, as amended; 15 U. S. C. that notice and hearing on these 277. Interprets or applies sec. 8, 31 Stat. schedules of fees^are unnecessary for the (i) Price covers the sample and a report 1450, as amended; 15 U. S. C. 276) reason that such procedures, because of containing an accurate value, at the time of shipment, for viscosity at the indi­ [SEAL] -v A. V. ASTIN, the nature of these rules, serve no useful Director, Purpose. These schedules are effective cated temperature. Viscosity values, at National Bureau of Standards. from April 2, 1956. other temperatures or in other units are Section 230.11 Descriptive list', is not supplied. Approved: amended as follows: (ii) The approximate viscosities and S inclair W eek s, 1- The schedule in paragraph (m ), the prices of the Saybolt calibrating oils Secretary of Commerce. sPectrographic standards, subpara­ are as follows: [F. R. Doc. 56-2852; Filed, Apr. 12, 1956; graph (1) Steels, is amended by the ad­ 8:48 a. m.] dition of standards 445 through 450 and Price 845 through 850 to read as follows: per Tem­ sample TITLE 16— COMMERCIAL pera­ f. o. b. Sample Price OU ture Viscosity Wash­ PRACTICES Nos.1 ; Description per o f . ing­ sample - ton, D. C. Chapter I— Federal Trade Commission 445 845 Çr 13-Mo 0.9 (Modified AISI 410)- $6.00 [Docket 5898] 446 846 Çr 18-Ni 9 (Modified AISI 321)...... 6.00 SB...... 100 300 sec., Saybolt Universal.. $6.50 447 847 Çr 24-Ni 13 (Modified AISI 309)___ 6.00 SC... 130 300 sec., Saybolt Universal.. 6.50 P art 13—D igest of Cease and D esist Cr 9-Mo 0.3 (Modified AISI 403)__ 6.00 SF...... 122 100 sec., Saybolt Furol_____ 6.50 O rders 449 849 Cr 5.5-Nt 6 5 6.00 150 850 iCr 3-Ni 25_ ...... 6.00 HARPER & BROTHERS N ote: On account of the nature of the material,, samples of oils for use as viscometer calibrating liquids Subpart—Discriminating in price un­ series, rods inch in diameter, 4 inches wfll be shipped via railway express, express charges K, 800 senes, rods y i inch in diameter, 2 inches long. collect. der section 2, Clayton Act, as amended: X 2412 RULES AND REGULATIONS § 13.715 Charges and price differentials; It is further ordered, That the re­ TITLE 43— PUBLIC LANDS: § 13.770 Quantity rebates or discounts. spondent, Harper & Brothers, a corpora­ Subparts—Maintaining resale prices: tion, its officers, representatives, agents INTERIOR § 13.1145 Discrimination: Distributive and employees, directly or through any channels and outlets generally. corporate or other device, in connection Chapter I— Bureau of Land Manage­ ment, Department of the Interior (Sec. 6, 38 Stat. 721; 15 U. S. C. 46. Interpret with the sale of trade books in commerce, or apply sec. 5, 38 Stat. 719, as amended; as “commerce” is defined in the afore­ Appendix— Public Land Orders sec. 2, 38 Stat. 730, as amended; 15 U. S. C. 45, said Clayton Act, do forthwith cease and 13) [Cease and desist order, Harper & desist from: Directly or indirectly dis­ [Public Land Order 1142] Brothers, New York, N. Y., Docket 5898, criminating in price between different [Fairbanks 010165] March 22,1956] purchasers of its trade books by selling This proceeding was heard by a hear­ such books to any of its purchasers at A laska ing examiner on the complaint of the higher prices than it sells the same books withdrawing public lands for use op Commission—charging a New York cor­ by whatever titles, of like grade and DEPARTMENT OF THE AIR FORCE FOR-MILI­ porate book publisher in three counts quality, to others of its purchasers where TARY purpo ses; correction such purchasers are in competition with with discriminating in price in the sale A pril 9,1956. of trade books, through, (1) entering each other in the resale or distribution of into contracts with book clubs which said books. In Federal Register Document 55-3738, leased them the printing plates, granting It is further ordered, That any and all appearing at page 3151 of the issue for them exclusive rights to publish, sell, and other charges contained in the com­ Tuesday, May 10, 1955, the location of distribute “book club editions” of certain plaint are herewith dismissed. Triangulation Station “Sparr” should be titles of their trade books; (2) fixing and By the Commission’s order, report of corrected to read: maintaining minimum resale prices for compliance was required as follows: Latitude 61»07'11.275” North; its publisher’s editions of certain of its Longitude 155°35'42.261" West. trade books sold to retail book seller It is further ordered, That Harper & Brothers, the respondent herein, shall, E dward W oozley, customers, while permitting book clubs Director. to sell their “book club editions” of the within sixty (60) days after service upon same titles at any prices and on any it of this order, file with the Commis­ [P. R. Doc. 56-2844; Filed, Apr. 12, 1956; terms arid conditions they might deter­ sion a report in writing setting forth in 8:46 a. m.] mine; and (3^selling its trade books at detail the manner and form in which it greater discounts off list prices to some has complied with the order to cease and purchasers than to certain of their com­ desist. petitors—and an agreement between the Issued: March 23, 1956. [Public Land Order 1282] parties providing for the entry of a con­ By the Commission. sent order in settlement of counts 1 and [Colorado 012528] [ seal] R obert M. P arrish, 2 identical with that issued in the case of Colorado Doubleday & Company, Inc., Docket 5897, Secretary. on August 31,1955. [P. R. Doc. 56-2874; Piled, Apr. 12, 1956; RESERVING LANDS WITHIN GUNNISON NA­ After receipt of a substantial amount 8:52 a. m.] TIONAL FOREST FOR USE OF FOREST SERV­ of evidence in support of the charge in ICE FOR RESEARCH PURPOSES count 3, counsel for the parties entered By virtue of the authority vested in the into a stipulation of jiacts applicable to TITLE 32— NATIONAL DEFENSE President by the act of June 4, 1897 (30 that count, which thé hearing examiner Stat. 34, 36; 16 U. S. C. 473) and other­ accepted. He thereupon entered his or­ Chapter V— Department of the Army wise, and pursuant to Executive Order der to cease and desist, and the Com­ Subchapter B— Claims and Accounts No. 10355 of May 26, 1952, it is ordered mission, after adopting an amendment as follows: requested by respondent and denying for P art 536—ClaimslA gainst the U nited S tates Subject to valid existing rights, the lack of proof its alternative request on following-described public lands within appeal, on March 22, 1956, adopted the statutory provisions the Gunnison National Forest in Colo­ initial decision, as modified, as the de­ Sections 536.90 and 536.100 are hereby rado, are hereby withdrawn'from all cision of the Commission. forms of appropriation under the public- Said order to cease and desist is as amended by changing the last sentence of each to read as set forth below. This land laws, including the mining but not follows; the mineral-leasing laws, and reserved It is ordered, That respondent Harper amendment was approved by the Deputy Secretary of Defense on March 3, 1956, for use of the Forest Service, Department & Brothers, a corporation, its officers, of Agriculture, as the Black Mesa Experi­ representatives, agents and employees, and supersedes the amendment published at 20 F. R. 3955, June 8, 1955: mental Forest and Range, in connection directly or through ariy corporate or with research projects being conducted other device, in connection with the pub­ § 536.90 Statutory provisions. * * * in furtherance of the act of May 22,1928 lication, sale or distribution of trade Provided further, That with respect to (45 Stat. 699; 16 U. S. C. 581, 581a-581k) books in commerce, as “commerce” is land acquired subsequent to July 27,1954, as amended: defined, construed and understood in the> but prior to July 15,1955, reimbursement Federal Trade Commission Act (15 shall be restricted to those owners and New Mexico Principal Meridian U. S. C. A. 45) do forthwith cease and tenants who used such land for residen­ T. 49 N., R. 5 W., desist from: Entering into, maintaining tial or agricultural purposes. Sec. 6, lots 6, 7, SE ^ , E ^ S W ^ i or continuing any contract, agreement or Sec. 7, lota 1, 2, 3, 4, Ei/2, Ei/aW^ (exclusive understanding of any nature, with any § 536.100 Statutory provisions. * * * of patented portion); book club or similar organization, Provided further, That with respect to Sec. 8, NWVi* whereby respondent, while exempting land acquired subsequent to July 27,1954, T. 49 N„ R. 5 y2 W., said book club or organization from any but prior to July 15,1955, reimbursement Sec. i,sy2; shall be restricted to those owners and Sec. 11, lots 1,2, 3, 4, E ^ E y2; responsibility for resale price mainte­ Sec. 12 (exclusive of homestead entry); nance, undertakes to fix, establish ,or tenants who used such land for residen­ Sec. 13, NV2 (exclusive of homestead maintain the resale price, terms or con­ tial or agriculturalpurposes. entry); ditions of sale of any literary work which [Regs., January 17,' 1956, 601.1 ENGLU] Sec. 14, lots 1, 2, EI/2NE&. it publishes and sells and which it also (Sec. 501, 65 Stat. 363. Interprets or applies T. 49 N., R. 6 W.y sub-licenses such book club or organiza­ sec. 509, 68 Stat. 562, sec. 513, 69 Stat. 352) Sec. 12, lots 3, 4, W ^ S E ^ i Sec. 13, lots 1, 2, Wy2NEiA. tion to publish and sell, in any area [ seal] J ohn A. K l e in , wherein said book club or organization Major General, U. S. Army, The areas described aggregate 3,197.7 and retail booksellers purchasing from The Adjutant General. acres. respondent compete with one another in [P. R. Doc. 56-2841; Piled, Apr. 12, 1956; This order shall take precedence ove the sale of such work. 8:45 a. m.] but not otherwise affect the existing Friday, A pril 13, 1956 FEDERAL REGISTER 2413 reservation of the lands for national T. 4 N., R. 2 W., order, are hereby opened to filing of ap­ forest purposes. Sec. 19, unsurveyed. plications, selections, and locations as The areas described aggregate 1,248.44 are allowable on unsurveyed lands in W esley A. D ’Ewart, accordance with the following: Assistant Secretary of the Interior. acres. 2. Subject to valid existing rights, the a. Subject to the applications and April 9,1956. following-described lands, which are a claims described in paragraph b (1) [F. R. Doc. 56-2845; Piled. Apr. 12, '1956; portion of the lands described in para­ below, the lands beginning 10:00 a. m. 8:46 a. m.] graph 1 of this order, are hereby with­ on May 15, 1956, will be subject to settle­ drawn from all forms of appropriation ment under the Homestead and Alaska under the public-land laws, including the Home Site Laws by qualified veterans of mining but not the mineral-leasing laws, World War II or of the Korean Conflict, [Public Land Order 1283] and excepting disposals of materials un­ and by others entitled to preference T [Utah 013175] der the act of July 31,1947 (61 Stat. 681) rights under the act of September 27, as amended by the act of July 23, 1955 1944 (58 Stat. 747; 43 U. S. C. 279-284 as U tah (69 Stat. 367; 30 U. S. C. 601-604), and amended). Beginning at 10:00 a. m. on extending the boundaries of the f is h - reserved under jurisdiction of the Bureau August 14, 1956, any remaining lands lake NATIONAL FOREST of Land Management for public use as a will be subject to settlement under those scenic overlook: laws by other qualified persons. ' By virtue of the authority vested in b. Applications and selections under the President by section 24 of the act Copper River Meridian the nonmineral public-land laws may be of March 3, 1891 (26 Stat. 1103; 16 U. T. 4 $ .,R . 1 W., presented to the Manager mentioned be­ 6. C. 471) and the act oS June 4,1897 (30 Sec. 3?, lot 2. * low, beginning on the date of this order. Stat. 34, 36; 16 U. S. C. 473) and pur­ The area described contained 26.33 Such applications and selections will be suant to Executive Order No. 10355 of considered as filed-on the hour and re­ May 26, 1952, and upon the recommen­ acres. 3. The following public lands are re­ spective dates shown for the various dation of the Secretary of Agriculture, classes enumerated in the following par­ it is ordered as follows: stored to deposition under the public- land laws by this order: agraphs: The boundaries of the Fishlake Na­ (1) Applications by persons having tional Forest are hereby extended to in­ Copper River Meridian preference rights conferred by existing clude the following-described lands in T. 4 N., R. X W., laws or equitable claims subject to allow­ Utah, and, subject to valid existing Sec. 29, SW14; ance and confirmation will be adjudi­ rights, such lands" are hereby made a Sec. 30, SE%; cated on the facts presented in support part of said national forest and here­ Sec. 32, lot 1, w y 2NE]4, NW%. of each claim or right. All applica­ after shall be subject to all laws and T. 4N..R.2W ., Sec. 19, unsurveyed. tions presented by persons other than regulations applicable thereto: those referred to in this paragraph will Salt Lake Meridian The areas described aggregate 1,222.11 be subject to the applications and claims T. 21 S., R. 2y2 W., acres. mentioned in this paragraph. Sec. 1, NE14, E y2 NW14 > N 1/2SE1A, un ­ 4. Subject to any valid existing rights (2) All valid applications under the surveyed. and the requirements of applicable law, Small Tract Laws by qualified veterans the surveyed public lands described in of World War II or of the Korean Con­ The areas described aggregate ap­ paragraph 3 hereof, are hereby opened to flict, and by others entitled to preference proximately 520 acres. filing of applications, selections, and rights under the act of September 27, W esley A. D ’E wart, locations in accordance with the follow­ 1944 (58 Stat. 747; 43 U. S. C. 279-284 as Assistant Secretary of the Interior. ing: amended), presented prior to 10:00 a. m. a. Applications and selections under on May 15, 1956, will be considered as April 9, 1956. the nonmineral public-land laws may be simultaneously filed at that hour. Rights [F. R. Doc. 56-2846; Filed, Apr. 12, 1956; presented to the Manager mentioned be­ under such preference right applications 8:46 a. m.] low, beginning on the date nf this order. after that hour and before 10:00 a. m. on Such applications and selections will be August 14, 1956, will be governed by the considered as filed on the hour and re­ time of filing. spective dates shown, for the various " [Public Land Order 1284] 6. All valid applications and selections classes enumerated in the following under the nonmineral public-land laws, [Mise. 1919712] paragraphs: other than those coming under para­ (1) Applications by persons having graphs 4 (a) (1) and (2) and 5 (b) (1) A laska prior existing valid settlement rights, and (2) above, presented prior to 10:00 REVOKING PUBLIC LAND ORDER NO. 46 OF preference rights conferred by existing a. m. on August 14, 1956, will be con­ OCTOBER 8, 1942, WHICH WITHDREW laws, or equitable claims subject to al­ sidered as simultaneously filed at that LANDS FOR CLASSIFICATION AND IN AID OF lowance and confirmation will be ad­ hour. Rights under such applications legislation; WITHDRAWING a portion of judicated on the facts presented in sup­ and selections filed after that hour will Released lands for recreational pur­ port of each claim or right. All be governed by the time of filing. poses applications presented by persons other 7. The lands have been open to appli­ than those referred to in this paragraph By virtue of the authority vested in cations and offers under the mineral­ the President by section 1 of the act of will be subject to the applications and leasing laws and to location for metal­ June 25, 1910 (36 Stat. 847; 43 U. S. C. claims mentioned in this paragraph. liferous minerals. They will be open to 141) and otherwise, and pursuant to (2) All valid applications under the location for non-metalliferous minerals Executive Order No. 10355 of May 26, Homestead, Alaska Home Site, and Small under the United States mining laws be­ 1952, it is ordered as follows; Tract Laws by qualified veterans of ginning at 10:00 a. m. on August 14,1956. World War II or of the Korean Conflict, 1.. Public Land Order No. 46 of October 8. Persons claiming veterans’ prefer­ and by others entitled to preference ence rights under paragraphs 4 (a) (1) 1 ’ temporarily withdrawing certain rights under the act of September 27, and (2) and 5 (b) (1) and OB) above lands in Alaska for classification and in 1944 (58 Stat. 747; 43 U. S. C. 279-284 as aid of legislation, which was partially re­ must enclose with their applications voked by Public Land Order No. 616 of amended), presented prior to 10:00 a. m. proper evidence of military or naval on May 15, 1956, will be considered as service, preferably a complete photo­ iQ°Mmber 15> 1949 and No. 823 of May 9, 952, is hereby revoked in its entirety, simultaneously filed at that hour. static copy of the certificate of honor­ Rights under such preference right ap­ able discharge. Persons claiming prefer­ ^be following lands are released from plications filed after that hour and be­ ence rights based upon valid settlement, withdrawal by this order: fore 10:00 a. m. on August 14, 1956, will statutory preference, or equitable claims Copper River Meridian be governed by the time of filing. must enclose properly corroborated T- 4 N., R . i •vy., 5. Subject to any valid existing rights statements in support of their applica­ fee- 29, SW[4; and the requirements of applicable law, tions, setting forth all facts relevant to Sec. 30, SE[4; the unsurveyed public lands released their claims. Detailed rules and regu­ Sec. 32, lots 1, 2, W ^NEi/i, NW ft. from withdrawal by paragraph 3 of this lations governing applications which 2414 RULES AND REGULATIONS may be filed pursuant to this notice can ing from a relatively minor effort taken only by means of a steel trap or be found in Title 43 of the'Code of Fed­ directed toward taking these animals. snare only by persons who have attained eral Regulations. At its meeting conducted in Juneau, the age of 11 years: Provided further, Inquiries concerning the lands shall Alaska during the week of February 13, That snares larger than No. 1 are pro­ be addressed to the Manager, Land 1956, the Alaska Game Commission rec­ hibited on the Kenai Peninsula, except in Office, Bureau of Land Management, ommended that the regulations govern­ the taking of beaver: Provided further, Anchorage, Alaska. ing the taking of fur animals be so That land otter may not be taken with a steel trap smaller than size%48 during W esley A. D ’E wart, amended as to permit the trapping of Assistant Secretary of the Interior. land otters in the greater portion of any closed season on mink and marten: Southeastern Alaska (Fur District 1) Provided further, That wolves and coy­ A pril 9,1956. during the beaver season extending from otes may be killecLat any time by means [F. R. Doc. 56-2847; Filed, Apr. 12, 1956; April 15 to May 15, 1956. The Alaska of a bow and arrow, rifle, shotgun, or 8:47 a. m.] Game Commission also recommended pistol, by any person permitted to carry that sport fishing be allowed in the main firearms: Provided further, That no air­ stream, and' most tributaries of the craft shall be used in taking fur animals, TITLE 50— WILDLIFE Tanana River, thereby making it pos­ except as a means of transportation be­ Chapter I— Fish and Wildlife Service, sible to utilize a grayling migration tween a settlement or point of outfitting which is available only during the early and a single base camp, and for locating, Department of the Interior spring months. Accordingly, the regu­ but not for taking, polar bear, and for Subchapter B— Hunting and Possession of lations under the Alaska Game Law are the taking of wolves and coyotes by au­ Wildlife amended as follows: thorized predator-control agents or by persons conducting operations under P art 6— M igratory B irds and C ertain 1. Section 46.126 is am’ended to read as follows:. authority of a permit: And provided G ame M ammals further, That no helicopter shall be used § 46.126 Methods and means. Fur in any manner in the taking or trans­ ORDER REVOKING ORDER PERMITTING KILLING animals may be taken by any means ex­ * OF COOTS IN AGRICULTURAL AREAS OF portation pf fur animals, including polar cept by aid or use of a set gv%i, a shotgun, bear. CALIFORNIA artificial light of any kind, a steel bear Pursuant; to the authority conferred trap or other trap with jaws having a 2. The schedule constituting a part of upon me by the order of the Secretary of spread exceeding 9 inches, poison, a dog § 46.128 Seasons, limits, and other provi­ the Interior, dated January 13, 1956 (21 (other than for taking wolves and sions, as the same appears in 20 F. R. F. R. 336), I have determined that coots coyotes in Fur Districts 5, 6, 7, and 8), a 3897, is amended by deleting the words are not likely to cause serious injury to fish trap or net, by setting any trap or “land otter” from the subheading “Mink, agricultural crops through depredation snare within 25 feet of a beaver house marten, land otter, fox, lynx, weasel in the counties of Fresno, Kern, Kings, or den or within 100 feet of a fox den, (etmine) and wolverine1 ” and by insert­ Madera, Merced, Stanislaus, and Tulare, by use of smoke or chemicals, by de­ ing in the schedule immediately follow­ California, after April 15,1956. Accord­ stroying or disturbing houses, dens, ing the respective column headings en­ ingly, the order permitting the killing of dams, or runways of such animals: Pro­ titled “Areas open to trapping,” “Sea­ coots on or over agricultural crops in said vided, That mink and beaver may be sons” and “Limits” the following: counties, dated January 25,1956 (21F. R. 678), is revoked effective midnight April L a n d otter 15,1956. Fur District 1 (except within \ i mile of the hightide line on the No limit. (Sec. 3, 40 Stat. 755, as amended, 16 U. S. C. mainland beach from Thane to Eagle River near Juneau). 704. Interprets or applies E. O. 10250, 16 Fur District 2: No open season. P. R. 5385, 3 CFR, 1951 Supp.) Drainage into Prince William Sound and eastward along the ] Since this order is an emergency meas­ Gulf of Alaska to Cape Suckling. )No limit. ure, notice and pjublic procedure thereon j are impracticable (60 Stat. 237; 5 U. S. C. 1001 etseq.). 3. The schedule constituting a part of 31 and May 28-Jline 30” and also by Issued at Washington, D. C., and d&ted § 46.156 Seasons, limits, and other pro­ adding to that portion of the schedule April 11,1956. visions, as last revised September 27, which reads: “Remainder of Alaska for which a season is not prescribed above ■ A rnie J. S uomela, 1955 (20 F. R. 7371), is further revised Acting Director. by deleting that part which reads: “The the following: “Provided, That fishing in the stocked gravel pits along the [F. R. Doc. 56-2900; Filed, Apr. 11, 1956; Tanana River Watershed,” etc., and in­ Richardson Highway is permitted only 4:14 p. m.] serting in lieu thereof under the column for persons under 16 years of age: Pro­ headings entitled “Areas open to fishing” vided further, That fly fishing only is and “Seasons,” respectively, the words permitted in the Salcha and Little Subchapter E— Alaska Wildlife Protection and dates “Shaw Creek and the Tanana Salcha Rivers.” As so revised, the said River for 3 miles below Shaw Creek (in schedule, in pertinent part, will read as P art 46—T aking A nimals, B irds, and Tanana River watershed)—-July 1-Mar. follows: G ame F ish es miscellaneous amendments Areas open to fishing Seasons Limits Basis and purpose. On May 24, 1955, amendments to Part 46, Title 50, Code of * * « * * • • Shaw Creek and the Tanana River for 3miles below Shaw Creek July 1-Mar. 31 and Federal Regulations, were adopted to (in Tanana River watershed). May 28-June 30. prescribe hunting, trapping, and fishing July 1-Mar. 31 and June 10-June 30. seasons and limits on game and fur ani­ Remainder of Alaska for which a season is not prescribed above: No closed season. * * mals, birds, and game fishes in Alaska Provided, That fishing in the stocked gravel pits along the Richardson Highway is permitted only for persons under -16 for the season beginning July 1, 1955. years of age: Provided further. That fly fishing only is permitted These amendments were adopted pursu­ in the Salcha and Little Salcha Rivers. ant to authority contained in section 9 of the Alaska Game Law of January 13, (Sec. 9, 43 Stat. 743, as amended; 48 U. S. C. 198) 1925, as amended (43 Stat. 743; 48 Since the foregoing amendments relieve existing restrictions on the ta-feirig of U. S. C. 198), and were published in the land otter and game fish in the Territory of Alaska, notice and public F ederal R egister on June 4, 1955 (20 are unnecessary and they shall become effective immediately (5 U. S. C. 1003 (c F.R. 3895). Wildlife investigations subsequently Issued at Washington, D. C., and dated April 6, 1956. Clarence A. D avis, conducted in Southeastern Alaska have Acting Secretary of the Interior. established that the land otter popula­ tion has increased to a high level result­ [F. R. Doc. 56-2843; Filed, Apr. 12,1956; 8:46 a. m.] Friday, A p ril 13, 1956 f e d e r a i: r e g ist er 2415

PROPOSED RULE MAKING

DEPARTMENT OF HEALTH, EDU­ § 19._Nuworld cheese; identity, (a) acteristic mold growth has developed. Nuworld cheese is the food prepared During storage, the surface of the cheese CATION, AND WELFARE from milk and other ingredients speci­ may be scraped to remove surface growth Food and Drug Administration fied in this section, by the procedure set of undesirable microorganisms. A harm­ forth in paragraph (b) of this section, less preparation of enzymes of animal or [ 21 CFR Part 19 ] or by another procedure which produces plant origin capable of aiding in the a finished cheese having the same physi­ curing or development of flavor of nu­ Cheeses; P rocessed Ch eeses; Cheese cal and chemical properties as the cheese world cheese may be added during the Foods; Cheese S preads; and R elated produced when the procedure set forth procedure, in such quantity that the Foods; D efin itio n s and S tandards of in paragraph (b) of this section is used. weight of the solids of such preparation Identity It is characterized by the presence of is not more than 0.1 percent of the NOTICE OF PROPOSAL TO ESTABLISH AN IDEN­ creamy-white mold throughout the weight of the milk used. TITY STANDARD FOR NUWORLD CHEESE AND cheese. It contains not more than 46 (c) For the purposes of this section, TO AMEND THE IDENTITY STANDARDS FOR percent of moisture, and its solids con­ the word “milk” means cow’s milk, which PASTEURIZED PROCESS CHEESE AND CER­ tain not less than 50 percent of milk fat, - may be adjusted by: separating part of TAIN RELATED FOODS as determined by the methods prescribed the fat therefrom or by adding thereto In the matter of establishing a defini­ in § 19.500 (c). It is not less than 60 one or more of the following: Cream, tion and standard of identity for nuworld days old. concentrated skim milk, nonfat dry milk cheese and amending the definition and (b) Milk, which may be pasteurized solids, water in a quantity sufficient to standards of identity for pasteurized or clarified or both, which may be reconstitute any concentrated skim milk process cheese; pasteurized process warmed, and which may be homogenized, or nonfat dry milk solids used. cheese food; pasteurized process cheese is subjected to the action of harmless Pursuant to the authority of the Fed­ spread; cold-pack cheese, club cheese, lactic-acid-producing bacteria, present- in such milk or added thereto. Harmless eral Food, Drug, and Cosmetic Act (sec. comminuted cheese; and cold-pack 401, 52 Stat. 1046, 68 Stat. 54; 21 U. S. C. cheese food:. artificial green or blue coloring, in a quantity which neutralizes any natural 341), delegated to him by the Secretary Notice is hereby given that a petition of Health, Education, and Welfare (20 has been filed by the National Cheese yellow coloring in the curd, may be Institute, Inc., 110 North Franklin added. Sufficient rennet (with or with­ F. R. 1996), the Commissioner of Food Street, Chicago 6, Illinois, setting forth out purified calcium chloride in a quan­ and Drugs invites all interested persons a proposal to establish a definition and tity not more than 0.02 percent, calcu­ to present their views in writing regard­ standard of identity for nuworld cheese lated as anhydrous calcium chloride of ing these proposals and to submit such and proposing that the definitions and the weight of the milk) is added to set comments in quintuplicate prior to the standards of identity for pasteurized the milk to a semisolid mass. The mass thirtieth day following the publication process cheese (§ 19.750); pasteurized is cut into smaller portions and allowed of this notice in the F ederal R egister. process cheese food (§ 19.765); pasteur­ to stand for a time. The mixed curd Written comments should be addressed ized process cheese spread (§ 19.775); and whey is placed in forms permitting further drainage. While being placed to the Hearing Clerk, Department of cold-pack cheese, club cheese, com­ Health, Education, and Welfare, Room minuted cheese (§ 19.785); and cold- in forms, spores of a white mutant of the mold Pénicillium roquefortii are added. 5440, Health, Education, and Welfare pack cheese food (§ 19.787) be amended Building, 330 Independence Avenue SW., by inserting the words “nuworld cheese” The forms are turned several times dur­ after the words “blue cheese” in the ing drainage. When sufficiently drained, Washington 25, D. C. first and second sentences of paragraph the shaped curd is removed from the Dated: April 6, 1956. (a) (6) of each of these standards» form and salted with dry salt or brine. The proposal submitted by the Na­ Perforations are then made in the shaped [ seal] G eo. P. Larrick, tional Cheese Institute for a definition curd, and it is held at a temperature of Commissioner of Food and Drugs. and standard of identity for nuworld^ approximately 50° F., at 90 percent to 95 [F. R. Doc. 56-2842; Filed, Apr. 12, 1956; cheese is as follows: y percent relative humidity, until the char­ 8:45 a. m.]

NOTICES

d epartm en t o f c o m m e r c e 1949, as amended, in that, as alleged, hibited, he exported said commodity to (a) he knowingly transshipped to Com­ Hong Kong. He duly answered the Bureau of Foreign Commerce munist China large quantités of potas­ charges and interposed numerous de­ [Case No. 207A] sium bichromate and sodium bichromate fenses, alleging, (a) a belief that, in those originally received by him from the cases where no validated export license P eter M ey ns & Co. United States; (b) he knowingly at­ was involved, reexportation could be ORDER REVOKING EXPORT LICENSES AND tempted to transship to Communist made anywhere; (b) lack of knowledge denying export privileges China a large quantity of potassium bi­ of U. S. export control regulations pro­ chromate exported from the United hibiting reexportation to Com m u n ist In the matter of Peter Meyns, doing States under a general license with a China; (c) that such reexportations as usmess under the firm name and style bill of lading restricting its destination he had made were made pursuant to in u 6r Meyns & Co., Gertrudenkirchhof to Germany; .(c) he knowingly trans­ “transit licenses” issued by various o. Hamburg l, Germany; respondent, shipped to Communist China a large European Governments; (d) that one of firm ^ ^-eyns> doing business under the quantity of paraffin- wax exported from the transactions was handled by an em­ nn name and style of Peter. Meyns & the United States after he had repre­ ployee without his approval; and (e) j. m Hamburg, Germany, hereinafter sented that the wax had been sold in that his trade in American goods with erred to as the respondent, was West Germany; and (d) that with China was an expedient to which he staf?« ky the Director, Investigation knowledge that certain butyl alcohol ex­ resorted when German goods became tho rUBureau Foreign Commerce of ported from the United States was unavailable and that the goods were of e Department of Commerce, with hav- destined for Communist China and that no strategic importance. He also alleged “‘s violated the Export Control Act of shipment to that destination was pro­ that his profits were insignificant, that. 2416 NOTICES he is no longer making purchases of And, from the foregoing, it is my con­ ership, control, position of responsibility, U. S. goods, and that he had cooperated clusion that Meyns knowingly diverted or other connection in the conduct of fully in the investigation. and transshipped or caused to be trans­ trade in which may be involved exports In accordance with the practice, this shipped commodities exported from the from the United States or services con­ case was referred to the Compliance United States in violation of §381.6 of nected therewith. Commissioner. After the evidence was the export control regulations then in IV. Upon condition that the respond­ submitted, the Compliance Commis­ effect. ent complies in all respects with this or­ sioner in due course made his report and In his report the Compliance Commis­ der, and with all other requirements of recommendation, which, upon the facts sioner said: the Export Control Act of 1949, as as hereinafter found, appears to be fair All communications received from Meyns amended, and all regulations promul­ and just and is therefore adopted. are replete with assertions of sincerity, lack gated thereunder, commencing two Now, after considering the entire rec­ of intention to violate, lack of knowledge of years following the date hereof, he may ord consisting of the charges, the an­ U. S. export control restrictions and engage in and enjoy all export privileges promises to abide by all U. S. regulations in permitted by United States laws and swers of the respondents, the evidence the future. He makes a very strong case, on submitted in support of the charges and regulations. its face, for lenient treatment. On the other V. The privileges conditionally re­ the report and recommendation of the hand, the information which has been Compliance Commissioner, I hereby brought to my attention is very much to the stored to the respondent under Part IV make the following findings of fact: contrary and, in the last analysis, it appears hereof, may be revoked summarily and 1. At all times hereinafter mentioned that all transshipments were accomplished without notice upon a finding by the Peter Meyns was engaged in the export subsequent to a detailed warning received Director of the Office of Export Supply, and import business under the firm name from the American vice-consul. Under the or such other official as may at that circumstanced I see no reason to deviate from time be exercising the duties now exer­ and style of Peter Meyns & Co., in Ham­ the previous practice, in cases of this nature, cised by him, that the respondent has, burg, Germany. of denying export privileges so long as export 2. At all times hereinafter mentioned controls are in effect. However, because of at any time following the date hereof, none of the commodities involved herein the strong protestations made by Meyns as to knowingly failed to comply with any of mighthave been shipped from the United his intended conduct in the future, (because the conditions or provisions upon which States (or transshipped after shipment he has been temporarily denied export privi­ or whereby, by Part IV hereof, he has leges since April 27, 1955) and because he been permitted to engage in any phase from the United States) to Hong Kong seems to have cooperated in the investiga­ of the export business otherwise denied or China without prior approval from tion, it is further my recommendation that to him under Part H hereof, without the Bureau of Foreign Commerce of the after the order to be entered herein has been prejudice to any other action which may United States Department of Commerce. in effect for two years, export privileges be 3. In November 1954, an American ex­ restored to him conditioned upon his at all be taken by reason of any such new or porter shipped to Meyns 5P tons of times thereafter complying with all export additonal violation. In the event that it control regulations. be so determined that the respondent has potassium bichromate and 100 tons of breached the conditions of Part IV here­ sodium bichromate and, at the time when Having concluded that the recom­ of, the suspension and denial of his ex­ these shipments were made, the bills of mended action is fair, just, and neces­ port privileges shall be deemed to com­ lading issued in connection therewith sary to achieve effective enforcement of mence on the day of such determination had endorsed thereon the legend, “These the law: It is hereby ordered: and shall continue thereafter for the commodities licensed by U. S. for ulti­ I. All outstanding validated export duration of export controls. mate destination Germany. Diversion licenses in which Peter Meyns or his firm VI. No person, firm, corporation, part­ contrary to U. S. law prohibited.” Peter Meyns & Co. appears or partici­ nership, or other business organization, 4. On or about December 31, 1954, pates as purchaser, intermediate or ulti­ whether in the United States or else­ Meyns, with knowledge of such restric­ mate consignee, or otherwise, are hereby where, during any time when the re­ tion .against diversion and, having been revoked and shall be returned forthwith spondent is prohibited under the terms informed that goods exported from the to the Bureau of Foreign Commerce for hereof from engaging in any activity United States could not be transshipped cancellation. within the scope of Part H hereof, shall, to Communist China without prior ap­ II. Henceforth, and for the duration withqut prior disclosure to, and specific proval, caused the same to be trans­ of export controls, the said respondent authorization from the Bureau of For­ shipped to Communist China via Poland be, and he hereby is suspended from and eign Commerce, directly or indirectly, m without such prior approval. denied all privileges of participating, di­ any manner or capacity, (a) apply i°r> 5. On or about November 16, 1954, rectly or indirectly, iri any manner or obtain, or use any license, shipper’s ex­ Meyns, after demand by his American capacity, in an exportation of any com­ port declaration, bill of lading, or other supplier that he state the country of ulti­ modity or technical data from the United export control document relating to any mate destination, informed his American States to any foreign destination, includ­ such prohibited activity, (b) order, re­ supplier that 100 tons of paraffin wax ing Canada, whether such exportation ceive, buy, use, dispose of, finance, trans­ being purchased by him were to be sold has heretofore or hereafter been coril- port or forward, any commodity on be­ in West Germany. pleted. Without limitation of the gen­ half of or in any association with tne 6. The American supplier, in reliance erality of the foregoing denial of export respondent, or (c) do any of the forego* upon such representation, exported to privileges, participation in an exporta­ ing acts with respect to any com m odity Meyns said 100 tons of paraffin wax. tion is deemed to include and prohibit or exportation in which the respondent 7. Meyns thereafter, on or about the participation by the respondent, directly may have any interest of any kind or 25th day of February 1955, without prior or indirectly, in any manner or capacity, nature, direct or indirect. approval by the Bureau of Foreign Com­ (a) as a party or as a representative of a merce, caused said 100 tons of paraffin party to any validated export license Dated: April 10,1956. wax to be shipped to Communist China supplication, (b) in the obtaining or using J ohn C. B orton, via Gdynia, Poland. of any validated or général export li­ Director, 8. In July 1954, Meyns purchased ap­ cense or other export control documents, Office of Export Supply- proximately 100 tons of butyl alcohol (c) in the receiving, ordering, buying, [F. R. Doc. 56-2872; Filed, Apr. 12, 1956: from a supplier in the United States and selling, using, or disposing in any foreigif • 8:51 a. m.] country of any commodities in whole or said butyl alcohol was thereafter ex­ in part exported or to be-exported from ported to him from the United States. the. United States, and (d) in storing, 9. After said butyl alcohol arrived in financing, forwarding, transporting, or [Case No. 208] Hamburg, Meyns, with knowledge that other servicing of such exports from the it was destined, for Canton, China, United States. E ugene H obart Cole et al. caused approximately one-half thereof III. Such denial of export privileges ORDER REVOKING EXPORT LICENSES AND to be transshipped to Hong Kong. Such shall extend not only to the respondent, DENYING EXPORT PRIVILEGES transshipment was effected on January but also to any person, firm, corporation, 6, 1955, without prior approval by the or business organization with which he In the matter of Eugene Hobart Cole. Bureau of Foreign Commerce. may be now or hereafter related by own­ Hidalgo, Texas; Jerome Herbert ito»' Friday, A p ril 13, 1956 FEDERAL REGISTER 2417 doing business under the firm name and 4. In reliance on such representations, he has found Cole and Ross to have been style of Blake-Smith Pipe & Steel Co., OIT, on March 21, 1952, issued to Ross a more culpable than Smith and he has 4121 Riverside Drive, Burbank, Cali­ license authorizing the exportation of given additional consideration to the fornia; Blakely Smith, 2920 Rice Boule­ 2,240 tons of such metal, valued at fact that Smith submitted a consent pro­ vard, Houston, Texas; respondents. $74,000 to the named consignee. posal to which the Director of the The respondents, Eugene Hobart 5. On or about April 17,1952, respond­ Investigation Staff has agreed. The Cole, Jerome Herbert Ross, doing busi­ ent Cole obtained an order for the ship­ recommendations of the Compliance ness under the firm name and style of ment of 2,000 metric tons of unprepared Commissioner, as hereinafter embodied Blake-Smith Pipe & Steel Co., and No. 1 scrap steel to another mill in in this order, are fair and just and the Blakely Smith, were charged by the Di­ Monterrey, Mexico, and, in furtherance action proposed is necessary to achieve rector, Investigation Staff, Bureau of of the arrangement among the respond­ effective enforcement of the law: It is Foreign Commerce, with having vio­ ents, paid to respondents Ross and Smith now therefore ordered: lated the Export Control Act of 1949, the sum of $2,240 and received from them I. All outstanding validated export li­ as amended, in connection with the sub­ the export license bearing the endorse­ censes in which Eugene Hobart Cole or mission to the Office of International ment of Blake-Smith Pipe & Steel Co, by Jerome Herbert Ross or Blake-Smith Trade (now the Bureau of Foreign Com­ Blakely Smith and naming still another Pipe and Steel Co. or Blakely Smith ap­ merce) of an application for a license person as attorney-in-fact. pears or participates as purchaser, inter­ to ship used structural steel to a firm in 6. Thereafter, commencing May 16, mediate or ultimate consignee, or Mexico, which license was thereafter 1952, having been provided with the otherwise, are hereby revoked and shall utilized, with the aid of various export license by Ross and Smith, respondent be returned forthwith to the Bureau of declarations, to export different mate­ Cole caused to be executed three export Foreign Commerce for cancellation. rial, ultimately delivered to a consignee declarations and himself executed II. (a) The respondents Eugene Ho­ other than the consignee named in the twenty-one export declarations wherein bart Cole and Jerome Herbert Ross, the export license and in the export declara­ and whereby he certified or caused to be latter doing business under the firm tions. The respondent Cole originally certified that the shipments therein de­ name and style of Blake-Smith Pme & appeared by attorney and filed an 'an­ scribed were being exported to the mill Steel Co., for the period of two years from swer denying the charges. The respond­ in Monterrey, Mexico, which had been the date hereof are hereby suspended ent Ross failed to appear or answer. named in the export license and that the from and denied all privileges of par­ The respondent Blakely Smith has ad­ shipments were being made pursuant to ticipating, directly or indirectly, in any mitted the charges and has submitted a that license. manner or capacity, in an exportation proposal for a consent order in accord­ 7. Respondent Cole, at the times of of any commodity or technical data from ance with § 382.10 of the export control presentation of said export declarations the United States to any foreign destina­ regulations, and the Director of the In­ to United States Customs officials, ex­ tion, including Canada, whether such ex­ vestigation Staff has agreed to such ported from the United States, and then portation has heretofore or hereafter proposal. The charging. letter, Cole’s caused to be delivered to a consignee been completed; (b) the respondent answer, and Smith’s consent proposal other than the consignee named in the Blakely Smith, for the period of one year were referred to the Compliance Com­ license and the export declarations, from the date hereof is heréby suspended missioner, who has held a hearing at scrap steel rather than used structural from and denied the privileges of par­ which the evidence'in support of the steel as described in such declarations ticipating, directly or indirectly, in any charges was submitted. The Compli­ and, in the aggregate, the scrap steel so manner or capacity, in an exportation of ance Commissioner’s report and recom­ exported amounted to about 1186 metric any commodity from the United States to mendation have been received and, his tons, none of which was ever received by any foreign destination, if a validated ex­ recommendation appearing to be fair the consignee named in the license and port license is required for the exporta­ and just, it is hereby adopted. the export declarations, the actual tion of such a commodity, whether such Now, after reviewing the entire record recipient being the purchaser from exportation has heretofore or hereafter and considering the report of the Cohn- whom Cole had obtained an order as set been completed. Without limitation of pliance Commissioner, I hereby make the forth in Finding 5 ¿move. the generality of the foregoing denial of following findings of fact: 8. That at the time of the filing of the export privileges, participation in an ex­ 1. At all times hereinafter mentioned, application for export license, respond­ portation is deemed to include and pro­ Jerome Herbert Ross was engaged in ent Ross had no agreement such as hibit participation by respondents other business in Beverly Hills, California, un­ that set forth by him in said application than Smith, directly or indirectly, in any der the firm name and style of Blake- for the sale of the used structural steel manner or capacity, (a) as a party or as Smith Pipe & Steel Co. and Blakely to the consignee therein named and the a representative of a party to any vali­ Smith was associated with him in that said application was filed by him in fur­ dated export license application, (b) in business, from time to time, including therance of the arrangement to which the obtaining or using of any validated the times hereinafter mentioned. reference is made in Finding 2. or general export license or other export 2. That at some time prior to March And, from the foregoing, it is my control documents, (c) in the receiving, 11,1952, respondents Ross and Smith, to­ conclusion ordering, buying, selling, using, or dis­ gether with respondent Eugene Hobart A. That respondent Ross made false posing in any foreign country of any Cole, entered into an arrangement which and misleading statements and repre­ commodities in whole or in part exported contemplated the exportation by them of sentations in an application for an ex­ or to be exported from the United States, scrap from the United States to Mexico. port license, in violation of §381.1 (b) and (d) in storing, financing, forwarding, 3- In furtherance of that arrangement, of the export control regulations then in transporting, or other servicing of such respondent Ross, on or about March 11, effect; exports from the United States. 1952, submitted to the Office of Interna- B. That respondent Cole made false III. Such denial of export privileges ^ra^e’ (hereinafter referred to as and misleading statements and repre­ shall extend not only to each of the re­ CIT and now known as the Bureau of sentations in export declarations, in vio­ spondents, but also to any person, firm, foreign Commerce), an application for a lation of § 381.1 (b) of the export corporation, or business organization hcense to export “used structural steel control regulations then in effect; with which any of them may be now or .ams, channels and heavy plate (not C. That respondent Cole did make, hereafter related by ownership, control, including rails or axles) for rerolling into and respondents Ross and* Smith did position of responsibility, or other con­ Plate and skelp” to a consignee firm in cause to be made an unauthorized use nection in the conduct of trade in which of an export license, in violation of may be involved exports from the United Monterrey, Mexico, and by the said ap­ § 381.3 of the export control regulations States or services connected therewith, plication represented that he had a con­ then in effect. IV. No person, firm, corporation, part­ tact for the sale of said metal to said In making his recommendation, the nership, or other business organization, onsignee firm and that the metal would Compliance Commissioner took note of whether in the United States or else­ rerolled into plate and skelp to make the fact that all the respondents herein where, during any time when any re­ M tiie petroleum industry of were convicted upon criminal charges spondent is prohibited under the terms arising out of the facts set forth above; hereof from engaging in any activity! 2418 NOTICES within the scope of Part II hereof, shall, were formerly believed to be knit ar­ The dockets, Applicants and material without prior disclosure to, and specific ticles are properly classifiable under the averments in applications to which authorization from the Bureau of For­ provision for articles, wholly or in part of reference is made above are as follows: eign Commerce, directly or indirectly, net or netting in paragraph 1529 (a) Docket No.; Name and Address; Filing Date; in any manner or capacity, (a) apply for, [18] Tariff Act of 1930, at the rate of Gas Field; and Purchaser ; obtain, or use any license, shipper’s ex­ 90 percent ad valorem, rather than un­ G-6488; Ruth Cunningham and Roy G. port declaration, bill of lading, or other der the provision for knit cotton articles Hildreth, Spencer, W. Va.; 11-26-54; Center export control document relating to any in paragraph 917, Tariff Act of 1930, as Dist., Gilmer County, W. Va.; Carnegie Natu­ such prohibited activity, (b) order, re­ modified, with duty at the fate pf 25 ral Gas Company. ceive, buy, use, dispose of, finance, trans­ percent ad valorem. G-6601; Houston Oil Company of Texas, port or forward, any commodity on As this ruling will result in the assess­ Houston, Texas; 11-30-54; Silsbee, Hardin County, Texas; Texas Eastern Transmission behalf of or in any association with such ment of duty at a higher rate than has Corporation. respondent, or (c) do any of the fore­ heretofore been assessed under a uni­ G-6602; Houston Oil Company of Texas, going acts with respect to any commod­ form practice, it shall be applied to such 11- 30-54; Call, Camptown, Lemonville, South ity or exportation in which such or similar merchandise only when en­ Hist and Northwest Hartburg Fields, Newton respondent may have an interest of any tered, or withdrawn from warehouse, for County, Texas; East Beach Creek, Elliot, kind or nature, direct or indirect. consumption after 90 days after the Hampton, North Silsbee and Vickers Fields, date of publication of an abstract of this Hardin County, Texas; Doty, Orange County, Dated: April 10, 1956. decision in the weekly Treasury Deci­ Texas, Castillo and West Gist Fields, Jasper County, Texas; Texas Eastern Transmission J ohn C. B orton, sions. Director, Corporation. [seal] C. A. E merick, G-6666; Houston Oil Company of Texas, Office of Export Supply. Acting Commissioner of Customs. Houston; Texas; 11-30-54; Koontz, Victoria [P. R. Doc. 56-2873; Piled, Apr. 12, 1956; County, Texas; United Gas Pipe Line Com­ 8:52 a. m.] [P. R. Doc. 56-2860; Piled, Apr. 12, 1956; pany. 8:49 a. m.] G-6667; Houston Oil Company of Texas, Houston, Texas; 11-30-54; Fields Field Area, Beauregard Parish, La.; Trunkline Gas Com­ DEPARTMENT OF THE TREASURY FEDERAL POWER COMMISSION pany. G-7081; Columbian Carbon Company, New Bureau of Customs [Docket No. G-6488, etc.] York City, N. Y.; 11-30-54; Mingo County, W. [T. D. 54061] R uth Cunningham et al. Va.; United Fuel Gas Company. G-7360; Arkansas Dock and Channel Com­ C oal, Coke, and B riquettes I mported NOTICE OF APPLICATIONS AND DATE OF pany, San Antonio, Texas; 12-1-54; Stedman, F rom Certain C ountries HEARING Nuéces County, Texas; Tennessee Gas Trans­ TAXABLE ÇTATUS mission Company. Take notice that each of the Appli­ G-7467; J. Floyd Harrison, Wayne, W. Va.; Coal, coke made from coal, and coal cants listed below has filed an applica­ 12- 1-54; Butler District, Wayne County, W. or coke briquettes imported from the tion for a certificate of public conven­ Va.; United Fuel Gas Company, Butler Dis­ following countries and entered for con­ ience and necessity pursuant to section 7 trict, Wyoming County, W. Va.; Amere Gas sumption or withdrawn from warehouse (c) of the Natural Gas Act, authorizing Utilities Company. for consumption during the period from such Applicant to continue to sell natural A public hearing will be held on the January 1 to December 31, 1956, inclu­ gas subject to the jurisdiction of the 8th day of May, 1956, beginning at 9:30 sive, will not be subject to the tax of 10 Commission, all as more fully repre­ a. m., e. d. s. t., in the hearing room of cents pér 100 pounds prescribed in sec­ sented in the respective applications the Federal Power Commission, 441 G tion 4531, Internal Revenue Code of which are on file with the Commission Street , NW., Washington, D. C., con­ 1954: and open for public inspection. These cerning the matters involved in and the matters should be consolidated and dis­ Canada. Issues presented by- the above applica­ United Kingdom. posed of as promptly as possible under tions. West Germany. ^ the applicable rules and regulations and to that end : [SEAL] J. H. GUTRIDE, Certain countries from which there Take further notice that, pursuant to Acting Secretary. have been no importations of coal or the authority contained in and subject A pril 9, 1956. allied fuels since January 1,1954, are not to the jurisdiction conferred upon the [F. R. Doc. 56-2856; Filed, Apr. 12, 1956; included inr the above list. Further in­ Federal Power Commission by sections 7 8:49 a. m.] formation concerning the taxable status and 15 of the Natural Gas Act, and the of coal or allied fuels imported during Commission’s rules of practice and pro­ the calendar year 1956 from countries cedure, a hearing will be held on the date not listed above will be furnished upon and at the place hereinafter stated, con­ • [Docket No. G-9331] application therefor to the Bureau. cerning the matters involved in and the T ennessee G as T ransmission Co. issues presented by -such applications: [ seal] C. A. E merick, NOTICE OF APPLICATION AND DATE OF Acting Commissioner of Customs. Provided, however, T h at. the Commis­ sion may, after a non-contested hearing, HEARING [P. R. Doc. 56-2859; Piled, Apr. 12, 1956; dispose of the proceedings pursuant to April 9, 1956. 8:49 a. m.] the provisions of § 1.30 (C) (1) of the Take notice that Tennessee Gas Commission’s rules of practice and Transmission Company (Applicant) a procedure. Delaware corporation having its prin­ Protests or petitions to intervene may cipal place of business at Houston, Texas, [475.43] be filed with the Federal Power Com­ filed an application on September lo, S urgical S tockings mission, Washington 25, D. C., in ac­ 1955, as supplemented on November lo, cordance with the rules of practice and notice of change of classification December 16 and 22, 1955, for a certin- procedure (18 CFR 1.8 or 1.10) not less cate of public convenience and necessity, A pril 10,1956. than ten days before the date of hearing. pursuant to section 7 of the Natural Gas The Bureau of Customs published a Failure of any party to appear at and Act, authorizing Applicant to sell ano notice in the F ederal R egister dated De­ participate in the hearing shall be con­ deliver peak service gas, as hereinafte cember 6, 1955 (20 F. R. 8971), that the strued as waiver of and concurrence in described, Subject to the jurisdiction o tariff classification of certain surgical omission herein of the intermediate de- the Commission, all as more fully .rePr~' stockings was under review. The Bu­ cisioh procedure in cases where a re­ sented in the application which is now reau by its letter to the collector of cus­ quest for waiver is made. Under the on file with the Commission and ope toms at New York, New York, dated April procedure herein provided for, unless to public inspection. . 10r 1956, ruled that surgical stockings otherwise advised, it will be unnecessary Applicant proposes to provide pea made of net or netting and in chief value for Applicants to appear or be repre­ service to all of its general service Gua of cotton and in part of rubber which sented at the hearing. requirements) customers for the dura- Friday, A p ril 13, 1956 FEDERAL REGISTER 2419 tion of their respective service contracts, Baldwin County, Alabama, and their re­ Musser Broadcasting Company, Eliza­ such customers being required to qualify spective adjoining environs, (2) for re­ bethtown, Pennsylvania, Docket No. each year for the service as provided in sale to the Naval Air Station at Barin 11539, File No. BP-9698; Will Groff, tr/as Applicant’s proposed rate schedule. Ap­ Field, near Foley, Alabama, and (3) for Colonial Broadcasting Company, Eliza­ plicant proposes herein to deliver, addi­ resale to farm taps and rural service con­ bethtown, Pennsylvania, Docket No. tional peak day volumes to certain sumers along and in the vicinity of its 11540, File No. BP-9759; H. Raymond customers only for the 1955-1956 winter transmission lines leading to the afore­ Stadiem, Lester P. Etter and M. Leonard season and only in the amount, if any, said communities. Savage, d/b as Radio Columbia, Colum­ by which each customer’s estimated peak The facilities proposed- to be con-< bia, Pennsylvania; Docket No. 11541, File day requirement exceeds its presently structed and operated by Applicant con­ No. BP-9940; for construction permits. authorized daily quantity. In addition, sist of two 4-inch taps and one 2-inch The Hearing Examiner having under Applicant proposes to increase the ex­ tap, 60 feet of 4-inch pipe and 25 feet of consideration an informal agreement of isting permanent authorized,, allocation 2-inch pipe, scrubber installation, regu­ participating parties regarding re-sched­ of gas by 32 Mcf daily to the Berkshire lator station and dual 4-inch orifice uling of the pre-hearing conference Gas Company, an existing customer dis­ meter station, all located near Mile Post herein; tributing gas to Pittsfield, Massachusetts. 43.36 on Applicant’s 12-inch and 16-inch It is ordered, This 9th day of April Applicant states that no additional loop- lines between Mobile, Alabama, and 1956, that the pre-hearing conference facilities will be required to deliver the Pensacola, Florida. herein, now scheduled for April 16, 1956, proposed increased volumes because ex­ The estimated cost of construction of is advanced and re-scheduled for April isting authorized facilities are adequate the proposed facilities is $16,385 which 1?, 1956, at 10:00 a. m. to render such service. will be paid out of Applicant’s current The price to be charged -for the peak working funds. F ederal Communications service gas is 70 cents per Mcf. The estimated annual requirements Com m ission, Take further notice that, pursuant to and maximum daily demands in Mcf for [seal] M ary J ane M orris, the authority contained in and subject the first three years of the proposed Secretary. to the jurisdiction conferred upon the project are as follows respectively: 1st [F. R. Doe. 56-2877; Filed, Apr. 12, 1956; Federal Power Commission by sections 7 year, 178,874 and 1,570; 2d year, 196,373 8:53 a. m.] and 15 of the Natural Gas Act, and the and 1,672; 3d year, 215,219 and 1,772. Commission’s rules of practice and pro­ This matter is one that should be dis­ cedure, a hearing will be- held on May 8, posed of as promptly as possible under SECURITIES AND EXCHANGE 1956, at 10:00 a. m., e. d. s. t., in a Hear­ the applicable rules and regulations and COMMISSION ing Room of the Federal Power Com­ to that end: mission, 441 G Street NW., Washington, Take further notice that, pursuant to [File No. 2-10434] D. C., concerning the matters involved in the authority contained in and subject H ousehold F inance Corp. and the issues presented by such appli­ to the jurisdiction conferred upon the cation: Federal Power Commission by sections 7 notice of application and opportunity Protests or petitions to intervene may and 15 of the Natural Gas Act, and the FOR HEARING be filed with the Federal Power Com­ Commission’s rules of practice and pro­ A pril 9, 1956. mission, Washington 25, D. C., in accord­ cedure, a hearing will be held on Monday, Notice is hereby given that Household ance with the rules of practice and pro­ May 16, 1956, at 9:30 a. m., e. d. s. t., in a Finance Corporation (Company) has cedure (18 CFR 1.8 or 1.10) on or before Hearing Room of the Federal Power filed an application under clause (ii) of April 23,1956. Commission, 441 G Street NW., Washing­ section 310 (b) (1) of the Trust Inden­ ton, D. C., concerning the matters in­ [seal] J. H. G utride, ture Act of 1939 for a finding by the Com­ Acting Secretary. volved in and the issues presented by mission that trusteeship of The First such application: Provided, however, National Bank of Chicago (“First Na­ {F. R. Doc. 56-2857; Filed, Apr. 12, 1956; That the Commission may, after a non- tional Bank’’) under an indenture dated 8:49 a. m.] contested hearing, dispose of the pro­ as of September 1,1953 (1953 Indenture), ceedings pursuant to the provisions of which was heretofore qualified under the § 1.30 (c) (1) or (2) of the Commission’s act, and trusteeship by First National [Docket No. G—9638] rules of practice and procedure.v Under Bank under a proposed indenture to be the procedure herein provided for, unless dated as of March 1, 1956 (1956 Inden­ U nited Gas P ipe L ine Co. otherwise advised, it will be unnecessary ture) , not to be qualified under the act, NOTICE OF APPLICATION AND DATE OF for Applicant to appear or be represented is not so likely to involve a material con­ HEARING at the hearing. flict of interest as to make it necessary Protests or petitions to intervene may in the public interest or for the protection A pril 9,1956. be filed with the Federal Power Commis­ of investors to disqualify said Trustee Take notice that United Gas Pipe Line sion, Washington 25, D. C., in accordance from acting as such under the 1953 In­ Company (Applicant), a Delaware cor­ with the rules of practice and procedure denture and the 1956 Indenture. poration with principal place of business (18 CFR 1.8 or 1.10) on or before April Section 310 (b) of the act, which is in­ at 1525 Fairfield Avenue, Shreveport, 26,1956. Failure of any party to appear cluded in section 7.08 of the 1953 Inden­ Louisiana, filed on November 10, 1955, at and participate in the hearing shall ture, provides in part that if an inden­ as supplemented December 1, 1955, an be construed as waiver of and concur­ ture trustee under an indenture qualified application for a certificate of public rence in omission herein of the inter­ under the act has or shall acquire any convenience and necessity, pursuant to mediate decision procedure in cases conflicting interest (as defined in the section 7 (c) of the Natural Gas Act, where a request therefor is made. section), it shall, within ninety days authorizing Applicant to render service after ascertaining that it has such con­ as hereinafter described, subject to the [ seal] J. H. G utride, flicting interest, either eliminate such jurisdiction of the Commission, all as Acting Secretary. conflicting interest or resign. Subsection more fully represented in the applica­ [F. R. Doc. 56-2858; Filed, Apr. 12, 1956; (1) of this section provides, with certain tion which is on file and open for public 8:49 a. m.] exceptions stated therein, that a trustee inspection. is deemed to have a conflicting interest Applicant proposes to construct and if it is acting as trustee under a qualified operate certain natural gas facilities as FEDERAL COMMUNICATIONS indenture of an issuer and becomes necessary and incident to the proposed COMMISSION trustee under another indenture of the ®aie of natural gas in interstate com- same issuer. However, pursuant to to The Utilities Board of the Town [Docket No. 11539 etc.; FCO 56M-336] clause (ii) of subsection (1), an issuer oi Foley, Alabama, commonly known and M usser B roadcasting Co. et al. may sustain the burden of proving, on °mg business as Riviera Utilities, (1) application to the Commission and after J^osale and distribution in the munici­ ORDER ADVANCING DATE OF CONFERENCE opportunity for hearing thereon, that palities of Bon Secour, Foley, Loxley, In re applications of Sam Ferguson trusteeship under a qualified indenture magnolia Springs and Southport, all in Musser and Gloria G. Musser, d/b as and another indenture is not so likely to No. 72------3 2420 NOTICES involve a material conflict of interest as 10. The 1956 Indenture contains pro­ are to be evidenced by transferable sub­ to make it necessary in the public in­ visions conforming to the requirements scription warrants. No fractional shares terest or, for the protection of investors of the Trust Indenture Act of 1939 ex­ are to be issued. However, in lieu of to disqualify such trustee from acting as cept the provision embodying section 310 rights for fractional shares, a stockhold­ trustee under one of such indentures. (b) XI) of the act does not become opera­ er will be entitled to subscribe for one The Company alleges that: tive unless and until the indenture is additional share in excess of the whole 1. It proposes to issue $25,000,000 qualified- thereunder; number to which he would otherwise be (Canadian) aggregate principal amount 11. The company is not in default un­ entitled. Accordingly, if said proposed of 4% percent Sinking Fund Debentures der the 1946 Indenture or the 1953 In­ 834,976 shares are insufficient, NEES due March 1, 1981, under the 1956 In­ denture; and proposes to issue such additional shares denture under which First National 12. The differences between the 1953 in excess of this number as may be nec­ Bank is named indenture trustee, and to Indenture and the 1956 Indenture are essary. Subject to the subscription sell the new debentures to a limite^num- not likely to involve a conflict of interest rights of the stockholders, the stock will ber of purchasers such as banks, insur­ in the trusteeship. be offered at the subscription price to full ance companies, pension funds and other For a more detailed statement of the time employees of NEES and its subsidi­ institutional or professional type invest­ matters of fact and law asserted, all aries who have had three years of con­ ors, which will purchase the debentures persons are referred to said application tinuous service and who have attained for investment and not with a view to which is on file in the offices of the Com­ the age of thirty years. The proposed distribution, as a result of which the mission at 425 Second Street NW., Wash­ stock offering will be underwritten and securities will be exempt from the regis­ ington, D. C. NEES proposes to select the underwriters tration requirements of the Securities Notice is further given that an order through competitive bidding pursuant to Act of 1933 and the 1956 Indenture will granting the application may be issued Rule U-50. be exempt from qualification under the by the Commission at any time after NEES, not later than twenty-four Trust Indenture Act of 1939; April 25, 1956, unless prior thereto a hours before the time to submit bids, will 2. It has outstanding $25,000,000 hearing upon the application is ordered set the subscription price for the offer principal amount of its 2% percent Sink­ by the Commission, as provided in clause to the holders of warrants and employees, ing Fund Debentures due 1971, issued (ii) of section 310 (b) (1) of the Trust which will also be the price for the un­ under an indenture dated as of Decem­ Indenture Act of 1939. Any interested subscribed^ shares, if any, to be under­ ber 1,1946, as amended by a first supple­ person may, not later than April 23,1956, written. NEES, by telegraphic or mental indenture dated as of July 1, in writing, submit to the Commission his telephonic notice, will inform qualified 1948, and by a second supplemental in­ views or any additional facts bearing bidders of the price set. Such price will denture dated as of June-1, 1951 (col­ upon this application or the desirability be not more than the last reported sale lectively called “1946 Indenture”) , under of a hearing thereon. Any such com­ price on the New York Stock Exchange which First National Bank also is munication or request should be ad­ prior to the fixing thereof and not less trustee; dressed: Secretary, Securities and Ex­ than such last reported sale price less 3. The 1946 Debentures were sold to a change Commission, 425 Second Street, 10%. limited number of institutional investors NW., Washington 25, D. C., and should NEES proposes, if considered desirable, which purchased them for investment state briefly the nature of the interest to stabilize the price of its common stock and not for distribution as a result of of the person submitting such informa­ prior to acceptance or rejection of bids which the offering was exempt from tion or requesting a hearing, the reasons for the purpose of facilitating the offer­ registration under the Securities Act of for such request, and the issues of fact ing and distribution of the additional 1933 and the 1946 Indenture was exempt and law raised by the application which shares of common stock by the purchase from qualification under the Trust In­ he desires to controvert. of not in excess of 41,749 shares of its denture Act of 1939; By the Commission. common stock on the New York Stock 4. The company also has outstanding Exchange, the Boston Stock Exchange, $10,000,000 of five-year 3 fa percent de­ [ seal! O rval L. D uB o is, in the open market or otherwise. bentures due 1958 and $15,000,000 princi­ Secretary. The net proceeds to be derived from pal amount of fifteen-year 4 Vis percent [F. R. Doc. 56-2849; Filed, Apr. 12, 1956; the proposed sale of the additional shares debentures due 1968, issued under the 8:47 a. m.] of common stock will be added to the 1953 Indenture dated as of September 1, general funds of NEES and applied in 1953, under which First National Bank furtherance of the construction pro­ is trustee; s grams of its subsidiaries either through 5. Debentures issued under the 1953 [File No. 70-3460] loans or the purchase of additional shares of their common stocks, any bal­ Debenture were registered under the N ew E ngland E lectric S ystem Securities Act of 1933 and the 1953 In­ ance to be used for general corporate denture was qualified under the Trust ORDER AUTHORIZING ISSUANCE AND SALE OF purposes. Indenture Act of 1939; COMMON STOCK PURSUANT TO A RIGHTS Total expenses of the issuance and dis­ 6. The 1953 Indenture and the 1956 OFFERING tribution" of the additional shares oi Indenture are wholly unsecured;» - A pril 9,1956. common stock are estimated by NEES 7. Section 7.08 of the 1953 Indenture, New England Electric System at $169,000, including $20,000 for inci­ which embodies the provisions of section (“NEES”) , a registered holding company dental services to be performed at cost 310 (b) (1) of the Trust Indenture Act, has filed with this Commission a declara­ by New England Power Service Com­ specifically excludes the 1946 Indenture tion and amendments thereto, pursuant pany, an affiliated service company, ana from the operation of section (a) (1) of to sections 7 and 12 of the Public Utility $75,000 for services of the subscription section 7.08; Holding Company Act of 1935 (“act”) agents. f 8. The 1956 Indenture provides for and Rules U-42 and U-50 promulgated The fee of Messrs. Simpson T fia c h e r « payment of principal and interest on the thereunder with respect to the following Bartlett, counsel for the underwriters!, debentures and certain other payments proposed transactions: will be $8,500 and the expenses are esti­ in Canadian money and requires the NEES proposes to issue and sell 834,976 mated not to exceed $300 all of whicn establishment of a sinking fund, whereas additional shares of its common stock of will be paid by the underwriters. the 1953 Indenture provides for all pay­ $1 par value. The shares are to be of­ It is represented that no State com m is­ ments in United States money, requires fered to the common stockholders of sion, or any other Federal commission, no sinking fund and provides for deben­ NEES for subscription during a period has jurisdiction over the proposed trans- tures with two maturities; of not less than fourteen nor more than actions. Declarant has waived the 9. Except as to the foregoing and dif­ seventeen days on the basis of one share day waiting period and requests that sai ferences as to amounts, dates, interest for each twelve shares held on the record order become effective upon issu an ce. rates, redemption prices and other proce­ date, which will be the effective date Due notice of the filing of said declai dural differences, most of the provisions of the registration statement filed with tion having been given in the form a®* of the two indentures are substantially this Commission in connection with such manner prescribed by Rule U~23 P _ alike; issue and sale. The rights to subscribe mulgated under the act, and the Co Friday, A p ril 13, 1956 FEDERAL REGISTER 2421 mission not having requested a hearing 3. Applications for disaster loans un­Extension Act of 1951, as amended, and vith respect to said declaration, as der the authority of this declaration will section 332 of the Tariff Act of 1930, with amended, within the time specified in not be accepted after October 31,1956. respect to screws, commonly called wood screws, of iron or steel, instituted on said notice, or otherwise, and not having Dated: April 3, 1956. ordered a hearing therepn; and January 26, 1956 (21 P. R. 711), be dis­ The Commission finding with respect W endell B . B arnes, continued and dismissed, and accord­ to the proposed transactions that all Administrator. ingly canceled the hearing in this inves­ applicable provisions of the act and the [F. R. Doc. 56-2854; Filed, Apr. 12, 1956; tigation scheduled for June 12, 1956 (21 rules promulgated thereunder are satis­ 8:48 a. m.] F. R. 1113). fied, that no adverse findings are re­ The foregoing action was taken by the quired thereunder, that the expenses, as Commission after consideration of repre­ estimated, are not unreasonable; and sentations made in a letter of April 6, deeming it appropriate in the public [Declaration of Disaster Area 95] 1956, by the United States Wood Screw interest and in the interest of investors Service Bureau (the applicants in the and consumers to permit said declara­ K ansas investigation), and of other pertinent tion, as amended, to become effective DECLARATION OF DISASTER AREA factors. forthwith, subject to the terms and con­ Whereas, it has been reported that on Issued: April 10,1956. ditions prescribed in Rules U-24 and or about April 2, 1956, because of By order of the Commission. U-50: disastrous effects of a tornado, damage It is ordered, Pursuant to the ap­ resulted to residences and business [seal] D onn N . B ent, plicable provisions of the act and the property located in a certain area in the Secretary. rules thereunder, that said declaration, State of Kansas; and [F. R. Doc. 56-2871; Filed, Apr. 12, 1956;’ as amended, be, and the same hereby is, Whereas, the Small Business Admin­ 8:51 a. m.J permitted to become effective forthwith, istration has investigated and has re­ subject, however, to the provisions of ceived other reports of investigations of Rules U-24 and U-50. conditions in the area affected; and DEPARTMENT OF JUSTICE By the Commission. Whereas, after reading and evaluating Office of Alien Property [seal] . N ell y e A. T horsen, reports of such conditions, I find that Assistant Secretary. the conditions in such area constitute a * [Vesting Order SA-17] catastrophe within the purview of the [P. R. Doc. 56-2848; Filed, Apr. 12, 1956; Small Business Act of 1953, as amended; B anca DBTScont S. P. A. 8:47 a. m.] ^ Now, therefore, as Administrator of In re; Debt owing to Banca de Scont the Small Business Administration, I S. P. A., also known as Escomptebank hereby determine that: Aktiengessellschaft. F-57-275. SMALL BUSINESS ADMINISTRA­ 1. Applications for disaster loans Under the authority of Title II of the TION under the provisions of section 207 (b) International Claims Settlement Act of [Declaration of Disaster Area 94] (1) of the Small Business Act of 1953, as 1949, as amended (69 Stat. 562), Execu­ amended, may be received and con­ tive Order 10644, November 7, 1955 (20 O klahoma sidered by the Offices below indicated F. R. 8363), Department of Justice Or­ declaration op disaster area from persons or firms whose property der No. 106-55, November 23, 1955 (20 situated in Cherokee County, Kansas F. R. 8993), and pursuant to law, after Whereas, it has been reported that on (including any area adjacent to the investigation, it is hereby found and or about April 2, 1956, because of dis­ county named) suffered damage or other determined: astrous effects of a tornado, damage re­ destruction as a result of the catastrophe 1. That the property, described as sulted to residences and business prop­ above referred to; follows: That certain debt or other ob­ erty located in certain areas in the State ligation of The First National City Bank of Oklahoma; and Small Business Administration Regional Office of New York, 55 Wall Street, New York Whereas, the Small Business Admin­ Federal Office Building, 21st Floor 15, New York, arising out of an account istration has investigated and has re­ 911 W alnut Street entitled, “Escomptebank Aktiengesell- ceived other reports of investigations of Kansas City 6, Missouri schaft,” maintained at the aforesaid conditions in the areas affected; and Small Business Administration Branch Office bank, together with any and all rights Whereas, after reading and evaluating Post Office Building, Room 506 to demand, enforce and collect the same, reports of such condutions, I find that 401 North Market Street the conditions in such areas constitute Wichita, Kansas is property within the United States a catastrophe within the purview of the which was blocked in accordance with Small Business Act of 1953, as amended; 2. No special field offices will be estab­ Executive Order 8389, as amended, and Now, therefore, as Administrator of lished at this time. remained blocked on August 9, 1955, and the Small Business Administration, I 3. Applications for disaster loans which is, and as of September 15, 1947 hereby determine that:* under the authority of this declaration was, owned directly or indirectly by L Applications for disaster loans un­ will not be accepted after October 31, Banca de Scont S. P. A., also known as der the provisions of section 207 (b) (1) 1956. Escomptebank Aktiengesellschaft, Timi­ °f the Small Business Act of 1953, as Dated: April 3,1956. soara, Rumania, a national of Rumania amended, may be received and consid­ as defined in said Executive Order 8389, W endell B. B arnes, as amended. ered by the Offices below indicated from Administrator. or firms whose property situ­ 2. That the property described herein ated in Creek and Ottawa Counties (in- [F. R. Doc. 56-2855; Filed, Apr. 12, 1956; is not owned directly by a natural tuding any areas adjacent to the 8:48 a. m.] person. counties named) suffered damage or There is hereby vested in the Attorney tner destruction as a result of the ca- General of the United States the prop­ rastrophe above referred to: UNITED STATES TARIFF erty described above, to be administered, ^ business Administration Regional COMMISSION ' sold, or otherwise liquidated, in accord­ ance with the provisions of Title II of the h l4 Commerce Street [Investigation 48] International Claims Settlement Act of Dallas 2, Texas W ood S crews of I ron or S teel 1949, as amended. Batfv1 Business Administration Branch Office It is hereby required that the property „ rs Service Life Building, Room 616 INVESTIGATION DISCONTINUED AND DISMISSED described above be paid, conveyed, ot, North Broadway . AND HEARING CANCELED lahoma City, Oklahoma transferred, assigned and delivered to or The Tariff Commission on April 9, for the account of the Attorney General ]:3' special field offices will be estab- 1956, ordered that Investigation No. 48 of the United States in accordance with ^hed at this tim e.. under section f of the Trade Agreements directions and instructions issued by or 2422 NOTICES for the Assistant Attorney General, Di­ with the provisions of Title II of the In­ 2. That the property described herein rector, Office of Alien Property, Depart­ ternational Claims Settlement Act of is not owned directly by a natural person. ment of Justice. 1949, as amended. There is hereby vested in the Attorney The foregoing requirement and any It is hereby required that the property General of the United States the prop­ supplement thereto shall be deemed in­ described above be paid, conveyed, trans­ erty described above,, to be administered, structions or directions issued under ferred, assigned and delivered to or for 'sold, or otherwise liquidated, in accord­ Title II of the International Claims Set­ the account of the Attorney General of ance with the provisions of Title II of the tlement Act of 1949, as amended. At­ the United States in accordance with di­ International Claims Settlement Act of tention is directed to Section 205 of said rections and instructions issued by or 1949, as amended. Title n (69 Stat. 562) which provides for the Assistant Attorney General, Di­ It is hereby required that the property that: rector, Office of Alien Property, Depart­ described above be paid, conveyed, trans­ Any payment, conveyance, transfer, as­ ment of Justice. ferred, assigned and delivered to or for signment, or delivery of property made to The foregoing requirement and any the account of the Attorney General of the President or his designee pursuant to supplement thereto shall be deemed in­ the United States in accordance with this title, or any rule, regulation, Instruc­ structions or directions issued under directions and instructions issued by or tion, or direction issued under this title, Title II of the International Claims Set­ for the Assistant Attorney General, Di­ shall to the extent thereof be a full acquit­ tlement Act of 1949, as amended. Atten­ rector, Office of Alien Property, Depart­ tance and discharge for all purposes of the tion is directed to Section 205 of said obligation of the person making the same; ment of Justice. and no person shall be held liable in any Title II (69 Stat. 562) which provides The foregoing requirement and any court for or in respect of any such payment, that: supplement thereto shall be deemed in­ conveyance, transfer, assignment, or delivery Aiiy payment, conveyance, transfer, As­ structions or directions issued under made in good faith in pursuance of and in signment, or delivery of property made to the Title n of the International Claims Set­ reliance on the provisions of this title, or of President or his designee pursuant to this tlement Act of 1949, as amended. Atten­ any rule, regulation, instruction, or direction title, or any rule, regulation, instruction, or tion is directed to Section 205 of said- issued therfeunder. direction issued under this title, shall to the Title n (69 Stat. 562) which provides extent thereof be a full acquittance find dis­ that : Executed at Washington, D. C., on charge for all purposes of the obligation of April 9,1956. the person making the same; and no person Any payment, conveyance, transfer, assign­ For the Attorney General. shall be held liable in any court for or in re­ ment, or delivery of property madfe to the spect of any such payment, conveyance, President or his designee pursuant to this [seal! D allas S. T ownsend*, transfer, assignment, or delivery made in title, or any rule, regulation, instruction, or Assistant Attorney General, Di­ good faith in pursuance of and in reliance on direction issued under this title, shall to the rector, Office of Alien Prop­ the provisions of this title, or of any rule, extent thereof be a full acquittance and dis­ erty. regulation, instruction, or direction issued charge for all purposes of the obligation of thereunder. the person making the same; and no person [F. R. Doc. 56-2862; Piled, Apr. 12, 1956; shall be held liable in any court for or in 8:50 a. m. ] Executed at Washington, D. C., on respect of any such payment, conveyance, April 9, 1956. transfer, assignment, or delivery made in good faith in pursuance of and in reliance For the Attorney General. on the provisions of this title, or of any rule, [Vesting Order SA-19] [seal] D allas S. T ow nsend, regulation, instruction, or direction issued Assistant Attorney General, Di­ thereunder. S aral S. A. rector, Office of Alien Prop­ Executed at Washington, D. C., on In Re: Debt owing to Saral S. A., also erty. April 9, 1956. known as S. A. R. A. L. S. A. F-57-739. [F. R. Doc. 56-2864; Filed, Apr. 12, 1956; Under the authority of Title II of the 8:50 a. m.] For the Attorney General. International Claims Settlement Act of [seal] D allas S. T ownsend, 1949, as amended (69 Stat. 562), Execu­ Assistant Attorney General, tive Order 10644, November 7, 1955 (20 Director, Officer of Alien F. R. 8363), Department of Justice Order [Vesting Order SA-18] Property. No. 106-55, November 23, 1955 (20 F. R. B anca U rbana S. A. [F. R. Doc. 56-2863; Filed, Apr. 12, 1956; 8993), and pursuant to law, after investi­ 8:50 a. m.] gation, it is hereby found and deter­ In re: Debt owing to Banca Urbana S. mined : A. F-57-84. 1. That the property described as fol­ SCHULEM LAZAROWITSCH lows: That certain debt or other obliga­ Under the authority of Title n of the tion of Chrysler Corporation Export International Claims Settlement Act of notice of intentio n to RETURN VESTED 1949, as amended (69 Stat. 562), Execu­ PROPERTY Division, Detroit 31, Michigan, arising tive Order 10644, November 7, 1955 (20 out of an account payable entitled, F. R. 8363), Department of Justice Order Pursuant to section 32 (f) of $je “S. A. R. A. L. S. A., Str. Grig. Alexan- No. 106-55, November 23, 1955 (20 F. R. Trading With the Enemy Act, as amend­ drescu 59, Bucharest, Rumania, in Ac­ 8993), and pursuant to law, after investi­ ed, notice is hereby given of intention counts Receivable Foreign-Chrysler Cor­ gation, it is hereby found and deter­ to return, on or after 30 days from tn® poration Export Division,” maintained mined : date of publication hereof, the following by the aforesaid corporation, together property, subject to any increase or de­ with any and all rights to demand, en­ 1. That the property described as fol­ crease resulting from the administratio force and collect the same, lows : That certain debt or other obliga­ tion of the Irving, Trust Company, One thereof prior to return, and after ad is property within^ the United States Wall Street, New York 15, New York, quate provision for taxes and conserva­ which was blocked in accordance with arising out of an account entitled “Banca tory expenses: Executive Order 8389, as amended, and Urbana, Calea Victoriei 7, Bucharest, Claimant, Claim No., Property, and Location remained blocked on August 9, 1955, and Romania”, maintained at the aforesaid Schülern Lazarowitsch, 204 Worthington which is, and as of September 15, 1947, bank, together with any and all rights Street E., North Bay, Ontario, Canada; was, owned directly or indirectly by to demand, enforce and collect the same, No. 28363, Vesting Order No. 4617; $141.^' Saral S. A., also known as S. A. R. A. L. the Treasury of the United States. is property within the United States S. A,, Bucarest, Rumania, a national of Executed at Washington, D. C» on which was blocked in accordance with Rumania as defined in said Executive April 5,1956. Order 8389, as amended. Executive Order 8389, as amended, and 2. That the property described herein remained blocked on August 9,1955, and For the Attorney General. is not owned directly by a natural person. which is, and as of September 15, 1947 { seal] P aul V. Myron, Thete is hereby vested in the Attorney was, owned directly or indirectly by Deputy Director, General of the United States the property Banca Urbana S. A., Bucarest, Rumania, Office of Alien Property. described above, to be administered, sold, a national of Rumania as defined in said [F. R. Doc. 56-2866;.- Filed, Apr. 12, 1956, or otherwise liquidated, in accordance .Executive Order 8389, as amended. 8:50 a. m.] Friday, A pril IS, 1956 FEDERAL REGISTER 2423

WlLHELMINE KORNER ET AL. Claimant, Claim No., Property,'and Location interest and claim of whatsoever kind or na­ Hatsuko Tanigawa, a/k/a Grace Hatsuko ture in and to every copyright, claim of copy­ NOTICE OF INTENTION TO RETURN VESTED right, license, agreement, privilege, power PROPERTY Tanigawa now known as Hatsuko Matsuura, Tokyo, Japan; Claim No. 63989, Vesting Order and every right of whatsoever nature, in­ Pursuant to section 32 (f) of the Trad­ No. 5264; $4,588.82 in the Treasury of the cluding but not limited to monies and United States. amounts by way of royalties, share of profits ing With the Enemy Act, as amended, or other emolument, and causes of action ac­ notice is hereby given of intention to Executed at Washington, D. C., on crued or to accrue relating to the work en­ return, on or after 30 days from the date April 5, 1956. titled “Die Differential und Integralglei­ of publication hereof, the following prop­ chungen der Mechanik und Physik”, by erty, subject to any increase or decrease For the Attorney General. Richard Von Mises and Philipp Frank, as listed in Exhibit A of Vesting Order No. resulting from the administration thereof [ seal] P aul V. M yro n, prior to return, and after adequate pro­ 500A—35 (9 F. R. 7959, July 15, 1944), under Deputy Director, the name of F. Vieweg & Sohn, 'to the extent vision for taxes and conservatory ex­ Office of Alien Property. penses: § §1 owned by Richard Von Mises and Philipp [F. R. Doc— 56-2868; Filed, Apr. 12, 1956; Frank immediately prior to the vesting Claimant, Claim No., Property, and Location &:51 a. m.] thereof by Vesting Order No. 500A-35; $588.03 in the Treasury of the United Wilhelmine Korner, Vienna, Austria; Erich States, representing twenty percent as edi­ Korner, Vienna, Austria; Hildegard Kahler, tor’s fee; plus $517.46 in the Treasury of the Vienna, Austria; Clairfi No. 42787; Vesting United States, representing twenty-two per­ Order No. 4101 ;~$58.18 in the Treasury of the H ilda V on M ises et al. cent of eighty percent as contributor’s share, United States; $43.63 in the Treasury of the of royalties received on Volume II of the work United States. notice of inten tio n to return vested entitled “pie Differential und Integralgleich­ Executed at Washington, D. C., on PROPERTY ungen der Mechanik und Physik,” by Richard April 5, 1956. Pursuant to section 32 (f) of the Trad­ Von Mises and Philipp Frank; plus $37.43 in ing With the Enemy Act, as amended, the Treasury of the United States, represent­ For the Attorney General. ing one and eight-tenths percent of eighty notice is hereby given of intention to percent as contributor’s share of royalties [seal] P aul V. M yro n, return, on or after 30 days from the date received on Volume I of the work entitled Deputy Director, of publication hereof, the following “Die Differential ‘und Integralgleichungen Office of Alien Property. property located in Washington, D. C., der Mechanik und Physik.” Claim No. 27590. [F. R. Doc. 56-2865; Filed, Apr. 12, 1956; including all royalties accrued there­ The percentages described below of all 8:50'a. m.] under and all damages and profits re­ royalties payable or to become payable to coverable for past infringement thereof, the Attorney General of the United States pursuant to License No. A-93, issued by the after adequate provision for taxes and Attorney General to Mary S. Rosenberg, New conservatory expenses:* York, New York, for the publication of the Mrs. H. C. Lize-V reezen Claimant, Claim No., and Property book entitled “Die Differential und Integral­ gleichungen der Mechanik und Physik,” Vol­ notice of intention to return vested Hilda Von Mises, Pierce Hall, Harvard Uni­ umes I and II, by Richard Von Mises and PROPERTY versity, Cambridge 38, Massachusetts; $198.67 Philipp Frank; plus the percentages, as speci­ in the Treasury of the United States. - fied, of any future royalties for the publica­ Pursuant to section 32 if) of the Fifty percent of all royalties payable or to tion in the United States of the book, “Die Trading With the Enemy Act,, as become payable to the Attorney General of Differential und Integralgleichungen der amended, notice is hereby given of in­ the United States pursuant to License No. Mechanik und Physik”: A—958, issued by the Attorney General to Erich H. Rothe, 413 South Forest Avenue, tention to return, on or after 30 days Mary S. Rosenberg, New York, New York, for from the date of publication hereof, the Ann Arbor, Michigan; $99.82 in the Treasury the publication of a book entitled “Vorlesun- of the United States, representing four and following property, subject to any in­ gen Ueber Angewandte Mathematik Wahr- eight-tenths percent of eighty percent crease or decrease resulting from the scheinlichkeitsrechnung”, by Richard Von thereof on Volume I; Claim No. 63875. administration thereof prior to return, Mises; Richard Courant, 142 Calton Road, New and after adequate provision for taxes An undivided one-half interest in all right, Rochelle, New York; $62.39 in the Treasury and conservatory expenses: title, interest and claim of whatsoever kind *of the United States, representing three per­ or nature in and to every copyright, claim of cent of eighty percent thereof on Volume I; Claimant, Claim No., Property, and Location copyright, license, agreement, privilege, Claim No. 66318. Mrs. H. Lize-Vreezen, The Hague, Hol- power and every right of whatsoever nature, Gabor Szego, 805 North San Antonio Road, c. including but not limited to monies and N°- 64344, Vesting Order No. Los Altos, California; $449.19 in the Treasury T909; $262.82 in the Treasury of the United amounts, by way of royalties, share of profits of the United States, representing Twenty- Btates. or other emolument, and causes of action one and six-tenths percent of eighty percent accrued or to accrue relating to 'the work thereof on Volume I; Claim No. 66427. Executed at Washington, D. C., on entitled "Die Differential und Integralgleich- Charles Loewner, 515 Benvenue Avenue, April 5, 1956. ungen der Mechanik und Physik”, by Richard Los Altos, California; $280.74 in the Treasury Von Mises and Philipp Frank, as listed in of the United States, representing thirteen Eor the Attorney General^ Exhibit A of Vesting Order No. 500A-35 (9 and five-tenths percent of eighty percent F. R. 7959, July 15, 1944), under the name tsEAL] P aul V. M yron, thereof on Volume I; Claim No. 66428. of F. Vieweg & Sohn, to the extent owned by Hans Rademacher, 913 South 48th Street, Deputy Director, Richard yon Mises and Philipp Frank im­ Philadelphia 43, Pennsylvania; $164.29 in the Office of Alien Property. mediately prior to the vesting thereof by Treasury of the United States, representing tp- R. Doc. 56-2867; Filed, Apr. 12, 1956; Vesting Order No. 500A-35; seven and nine-tenths percent of eighty per­ 8:50 a. m.] $519.90 in the Treasury of the United cent thereof on Volume I; Claim No. 66498. States, representing twenty percent as edi­ Reinhold Henry Furth, Heath End, Brom­ tor’s fees; plus $524.06 in the Treasury of the- ley Lane, Chislehurst Common, Kent, Eng­ United States, representing twenty-five and land; $235.21 in the Treasury of the United two-tenths percent of eighty percent as con­ States, representing ten percent of eighty H atsuko T anigawa tributor’s share, of royalties received on percent thereof on Volume II; Claim No. Volume I of the work entitled “Die Differen­ 66519. notice of intention to return vested tial und Integralgleichungen der Mechanik Gottfried E. Noether, 88 Duff Street, Water- PROPERTY und Physik,” by Richard Von Mises and town 72, Massachusetts; $129.37 in the Treas­ Philipp Frank; plus $164.65 in the Treasury ury of the United States, representing five insu/Sfunt t0 section 32 (f ) of the Trad- of the United States, representing seven per­ and five-tenths percent of eighty percent notw • Enemy Act, as amended, cent of eighty percent, as contributor’s share thereof on Volume II; Claim No. 66551. w ® ls hereby given, of intention to of royalties received on Volume II of the Herman D. Noether, 117-01 Park Lane of ™,Ki-0nJ?r after 30 days from the date work entitled “Die Differential und Integral­ South, Kew Gardens 18, New York; $129.37 in PUDiicatioti hereof, the following prop- gleichungen der Merchanik und Physik.** the Treasury of the United States, represent­ rpsn’u- any increase or decrease Claim No. 27589. ing five and five-tenths percent of eighty Philipp Frank, Institute for the Unity of percent thereof on Volume II; Claim No. of nruSÎrom the administration there- Science, American Academy of Arts and 66613. Provi«°r re^urn» and after adequate Sciences, Room 14 S-326, 77 Massachusetts Reserving however, the right of the Attor­ exPens°n* *°r ^axes and conservatory Avenue, Cambridge 39, Massachusetts; An ney General of the United States to receive undivided one-half interest in all right, title, the shares of royalties due L. Bieberbach 2424 NOTICES

(nine and three-tenths percent of eighty H. R. Hinsch, Agent, for interested rail • FSA No. 31946: Sulphuric acid, to percent), C. Caratheodory (five and seven- carriers. Rates on furniture and furni­ Nichols, Fla. Filed by F. C. Kratzmeir, tenths percent of eighty percent), R. Iglisch ture parts, carloads, from Dayton and Agent, for interested rail carriers. Rates (five percent of eighty percent), Günther on sulphuric acid, tank-car loads from Schulz (two and one-tenth percent of eighty Eaton, Ohio, to specified points in official percent) and P. Vieweg & Sohn (one-tenth territory. Bossier City and Shreveport, La., to percent of eighty percent) on Volume I; and Grounds for relief: Carrier competi­ Nichols, Fla. Guido Beck (eleven percent of eighty per­ tion and circuity. Grounds for relief: Short-line distance cent), A. Sommerfeld (twenty percent of FSA No. 31940: Vehicles—Keokuk, formula and circuity. eighty percent), Günther Schulz (seven per­ Iowa, to Franklin, Pa. Filed by W. J. Tariff: Supplement. 137 to Agent cent of eighty percent) and E. Trefftz (twelve Prueter, Agent, for interested rail car­ Kratzmeir’s I. C. C. 4087. percent of eighty percent) on Volume II of riers. Rates on freight carts, trucks, FSA No. 31947’ Mahogany lumber, to the book entitled “Die Differential und trailers or wagons, noibn, carloads from Louisville, Ky. Filed jointly by C. W. Integralgleichungen der Mechanik und Keokuk, Iowa, to Franklin, Pa. Boin and O. E. Swenson, Agents, for Physik.’* Grounds for relief : Carrier competi­ interested rail carriers. Rates on ma­ Executed at Washington, D. C., April tion and circuity. hogany lumber, carloads from specified 5, 1956. FSA No. 31941: Crushed stone—Ala­ north Atlantic and Hampton Roads ports For the Attorney General. bama, Georgia, and Tennessee to Ken­ (as to import traffic) and Carteret, N. J. tucky, Virginia, and West Virginia. Filed (as.to domestic traffic), to Louisville, Ky. [seal] P aul V. M yron, by R. E. Boyle, Jr., Agent, for interested Grounds for relief: Competition with Deputy Director, rail carriers. Rates on stone, granite, southern ports (New Orleans, La.), and Office of Alien Property. limestone' and marble, crushed, ground competition from .Carteret with import [P. R. Doc. 56-2869; Filed, Apr. 12, 1956; or pulverized, carloads (a) from Brown- traffic, circuitous routes. 8:51 a. m.] son, Gantt’s Quarry, Ala., Cartersville, Tariffs: Supplement No. 33 to Agent Tate and Whitestone, Ga., to specified Boin’s I. C. C. A-1017; Supplement No. points in Kentucky "and Virginia, and 103 to Agent Boin’s I. C. C. A-1015; Sup­ INTERSTATE COMMERCE (b) from Sparta, Tenn., to specified plement No. 193, to Agent Swenson’s points in Kentucky, Virginia, and West I. C. C. 591; Supplement No. 20 to Agent COMMISSION Virginia (as to limestone). R. B. LeGrande’s I. C. C. No. 256. F ourth S ection A pplications for R elief Grounds for relief: Short-line distance FSA No, 31948: Fertilizer solutions— formula and circuity. South Point, Ohio, to Louisville, Ky. A pril 10,1956. Tariff: Supplement 52 to Agent Span- Filed by Norfolk and Western Railway Protest« to the granting of an applica­ inger’s I. C. C. 1469. Company for itself and interested rail tion must be prepared in accordance with FSA No. 31942: Sugary—New Orleans, ■ carriers. Rates on nitrogen fertilizer Rule 40 of the general rules of practice La., group to Birmingham, Ala. Filed solution, and fertilizer ammoniating (49 CFR 1.40) and filed within 15 days by R. E. Boyle, Jr., Agent, for interested solution, tank-car loads from South from the date of publication of this rail carriers. Rates on sugar, carloads Point, Ohio, to Louisville, Ky. notice in the F ederal R egister. from New Orleans and Three Oaks, La., Grounds for relief: Circuitous routes. long- and- short- haul to Birmingham, Ala. Tariff: Supplement 28 to Norfolk & Grounds for relief: .Circuitous routes. Western tariffs I. C. C. No. 9548. FSA No. 31936: Fertilizer solutions be­ Tariff: Supplement 299 to Alternate FSA No. 31949 : Asphalt—New England tween points in official territory. Filed Agent Marque’s I. C. C. 380. points to points in New York. Piled by H. R. Hinsch, Agent, for interested FSA No. 31943: Foreign woods—Gulf jointly by C. W. Boin and O. E. Swenson, rail carriers. Rates on nitrogen ferti­ Ports to Antrim, N. H., and Corona, Agents, for interested rail carriers. lizer solution nr fertilizer ammoniating N. Y. Filed by R. E. Boyle, Jr., Agent, Rates on asphalt (asphaltum), natural, solution, and phosphatic fertilizer solu­ for interested rail carriers. Rates on by-product or petroleum, other than tion, tank-car loads between points in lumber, logs or flitches of mahogany, paint, stain or varnish and tar, paving or official territory, excluding northern Philippine and other foreign woods, roofing, tank-car loads from specified Illinois, southern Wisconsin, and extend­ straight or mixed carloads, also built-up points in Connecticut, Massachusetts, ed zone “C” in Wisconsin. woods and veneer, boards, etc., of such and Rhode Island to Blakeslee, Coopers, Grounds for relief: Short-line distance foreign woods, carloads from Baton TT/vrcoVuaartc! ef. TtVicwm fl.Tld NorfOlK» formula, maintenance of higher level Rouge, Kenner, New Orleans, La., Mo­ rates at intermediate points on routes bile, Ala., Laurel, Miss.,„and Pensacola, Grounds for relief: Modified short-hne through other territories, and circuity. Fla., to Antrim, N. H., and Corona, N. Y. distance formula and circuitous routes. Tariff: Supplement 30 to Agent Grounds for relief: Circuitous routes. Tariffs: Supplement No. 51 to B&MKrt Hinsch’s I. C. C. 4662. Tariff: Supplement 134 to Agent Span- tariff I. C. C. No. A-3230; Supplement FSA No. 31937: Fertilizer solutions— inger’s I. C. C. 1214. No. 5 to NYC RR tariff I. C. C. No. 167b, Lima, Ohio, to the South. Filed by H. R. FSA No. 31944: Lumber—North Pacific Supplement No. 34' to NYNH&H Kxv Hinsch, Agent, for interested rail car­ Coast area to Wisconsin. Filed by W. J. tariff I. C. C. No. F4346. riers. Rates on fertilizer ammoniating Prueter, Agent, for interested rail carri­ By the Commission. solution and nitrogen fertilizer solution, ers. Rates on lumber, shingles and tank-car loads from Lima, Ohio to speci­ [seal] H arold D. M cCoy, other related articles of forest products, Secretary. fied points in named States in southern carloads from points in Idaho, Montana, territory: Oregon, and Washington on the Union [F. R. Doc. 56-2840; Filed, Apr. 12, I956’ Grounds for relief: Circuitous routes. -Pacific Railroad Company to specified 8:45 a. m.] Tariff: Supplement 13 to Agent points in Wisconsin on the Soo Line. Hinsch’s I. C. C. 4526. Grounds for relief: Circuitous routes FSA No. 31938: Pig iron, etc.—Ala­ through higher-rated intermediate des­ bama points to Illinois, Indiana, Iowa, [Special Permission 68488] Missouri, and Wisconsin. Filed by F. C. tination groups. Kratzmeir, Agent, for interested rail car­ Tariff: Supplement 73 to Agent Prue- I ncrease in P assenger F ares and C harges ter’s I. C. C. 1545., riers. Rates on pig iron, salamander tariff publishing rules iron, and broken iron or steel skulls, car­ FSA No. 31945: Paper and paper arti­ loads from Alabama City, Attalla, Gads­ cles to Kahoka, Mo. Filed by W. J. At a general session of the den, Birmingham, Ala., and Birmingham Prueter, Agent, for interested rail carri­ Commerce Commission held at its Group points to specified points in ers. Rates on paper and paper articles, in Washington, D. C., this 9th day Illinois, Indiana, Iowa, Missouri, and carloads from specified points in the April 1956. for Wisconsin. upper peninsula of Michigan and in Wis­ Upon consideration of a P®*1“:® san, Grounds for relief: Circuitous routes consin to Kahoka, Mo. special permission filed by M. B. in part west of the Mississippi River. Grounds for relief: Circuitous routes. Chairman, Southern Passenger As FSA No. 31939: Furniture and parts— Tariff: Supplement 23 to Agent Prue- tion, and JarviS*Langdon, Jr*, ^ from Dayton and Eaton, Ohio. Filed by ter’s I. C. C. A-4082. attorney^, dated April 4, 19 ’ Friday, A pril 13, 1956 FEDERAL REGISTER 2425 amended, for authority to depart from (b) By publication and filing of con­ The form of this publication is permitted the Commission’s tariff-publishing rules necting link supplements to one or more by authority of Interstate Commerce Com­ mission Permission No. 68488 of April 9, to the extent necessary to enable them tariffs connecting such tariff or tariffs 1956. to publish a general increase of five per­ with the master tariff of increased fares cent in passenger fares and charges with and charges. (2) Other tariffs or supplements con­ an increase in the minimum one-way and (c) By publication and filing of tariffs taining specific increased fares or round-trip fares within southern terri­ charges shall bear notation reading: tory and between southern territory, on or supplements of specific increased fares and charges. This publication is issued under authority the one hand, and eastern and western of Interstate Commerce Commission Per­ territories, on the other, as set forth in (d) By publication and filing by car­ mission No. 68488 of April 9,1956. the petition, as amended, and for modi­ riers of individual or blanket supple­ fication of all outstanding orders of the ments to their local tariffs containing 4. Outstanding orders of the Commis­ Commission to the extent necessary to conversion table. sion are modified only to the extent nec­ permit only the publication of the afore­ 2. Connecting link supplements au­ essary to permit the filing of tariffs said increase in fares and charges ; thorized herein shall be exempt from tlje containing the proposed increased fares For good cause shown, It is ordered: and charges, which tariffs will be subject Commission’s tariff-publishing rules re­ to protest, suspension, pr rejection. 1. Carriers for and on whose behalf lating to the number of supplements and the above-mentioned petition, as And it is further ordered, That a copy amended, was filed, and their tariff-pub­ volume of supplemental matter per­ of this order be filed with the Director, lishing agents, are hereby authorized to mitted until further ordered. All other Division of the Federal Register, for pub­ depart from the Commission’s tariff­ relief from the Commission’s tariff- lication in the Federal Register as no­ publishing rules when providing for in­ publishing rules authorized herein shall tice to interested parties. creased fares and charges (exclusive of continue until further ordered. By the Commission. commutation fares) as set forth in the 3. (1) Master tariffs, supplements petition in the following manner: thereto, and supplements to tariffs which [seal] Harold D. McCoy, (a) By publication and filing of a are issued in short form method shall Secretary. master tariff of increased fares and bear notation reading substantially as [P. R. Doc. 56-2839; Filed, Apr. 12, 1956; charges. follows: s 8:45 a. m.]

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