Federal Register: 25 Fed. Reg. 7349 (Aug. 5, 1960).

Pages 7349-7419

FEIE EI.IISTEIINUMBER 152

Washington, Friday, August 5, 1960

ContentsTHE PRESIDENT

ProclamationsDetermining certain drugs to be

opiates --------------------- 7351Fire Prevention Week, 1960 ------- 7351

EXECUTIVE AGENCIES

Agricultural Marketing ServicePROPOSED RULE MAKING:Apricots grown in designated

counties in Washington; carry-over or unexpended funds ------ 7403

Irish potatoes grown in certaincounties in Idaho and MalheurCounty, Oreg.; expenses and as-sessment rate ---------------- 7403

Milk in Mississippi Delta, CentralMississippi and Mississippi GulfCoast marketing areas; recom-mended decision and opportu-nity to file written exceptions toproposed amendments to tenta-tive agreements and orders.... 7391

Rabbits ahd edible products there-of; grading and inspection, U.S.specifications for classes, stand-ards, and grades ------------- 7374

RULES AND REGULATIONS:Cotton fiber and processing tests:

revision in schedule of tests andfees ------------------------ 7352

Agriculture DepartmentSee Agricultural Marketing Serv-

ice; Commodity StabilizationService; Farmers Home Admin-istration.

Commerce DepartmentSee Federal Maritime Board; For-

eign Commerce Bureau.

Commodity Stabilization ServiceRULES AND REGULATIONS:Beet sugar producing area, do-

mestic; proportionate shares forfarms, 1960 ------------------ 7357

Sugar requirements and areaquotas, continental; 1960 ------ 7355

Sugar; requirements relating tonon-quota purchase, 1960 ------ 7356

Wheat; determination of countynormal yields, 1960 ---------- _ 7355

Farmers Home AdministratioiRULES AND REGULATIONS:

Missouri; average value of farms

Federal Communications Cimission

NOTICES:Standard broadcast applications

ready and available for broad-casting -- ..-------------------

Hearings, etc.:City of. Jacksonville, Fla., et al-_Frederick County Broadcasters.et al-------------------Michigan Broadcasting Co.

(WBCK) and - WPET, Inc.(WPET)................

M i c h i g a n Broadcasting Co.(WBCK) et al...........

PROPOSED RULE MAKING:Bandwidth of certain kinds of

transmitters producing compos-ite transmissions .............

Interference received by Class IVbroadcast stations seeking to in-crease power to more than 250watts- ---------------

Local Government Radio Service;additional frequencies in certainMc band -----------------

Noncommercial educational FMbroadcast stations; specifiednonbroadcast acivities on multi-plex basis .......

Table of assignments, televisionbroadcast stations; New Bed-ford, Mass_-_-_

RULES AND REGULATIONS:

Industrial radio services ---------Oath or affirmation on applica-

tion; practice and procedure etal-----------------------

Practice and procedure; certainstandard broadcast applica-tions .......................

Federal Maritime BoardNOTICES:Pacific Coast-Hawaii and At-

lantic/Gulf-Hawaii; general in-creases in rates -------------- 7408

Federal Power CommissionNOTICES:Hearings, etc.:

Southern Natural Gas Co. (2documents) ------------ 7411,7413

Tidewater Oil Co. et al -------- 7412

Food and Drug AdministrationPROPOSED RULE MAKING:Food additive; filing of petition-- -7374RULES AND REGULATIONS:Pesticide chemicals in or on raw

agricultural commodities; tol-erances and exemptions ------- 7369

Foreign Commerce BureauRULES AND REGULATIONS: *Export privileges; table of denial

and probation orders ---------- 7357

Health, Education, and WelfareDepartment

See Food and Drug Administra-tion.

Interior DepartmentSee Land Management Bureau.

Interstate Commerce CommissionN OTICES:Fourth section applications for

relief ---------------------- 7414Motor carrier transfer proceed-ings ------------------------ 7415

PROPOSED RULE MAKING:Uniform system of accounts for

railroad companies; revenuefrom parcel rooms and storageof baggage ------------------ 7407

Land Management Bureau7370 NOTICES:

Utah; small tract classificationcancellation -----------------

7370 (Continued on next page)7349

7408

7350

Narcotics BureauRULES AND REGULATIONS:Adjudication and licensing pro-

cedure --------------------- 7369

Securities and Exchange Com-mission

NOTICES:Columbia Gas System, Inc.; pro-

posed execution of surety bond-- 7415RULES AND REGULATIONS:Annual report form for small busi-

ness investment companies --- 7368

CONTENTS

Small Business AdministrationNOTICES:Authority delegations:

Deputy Administrator. for Ad-ministration.............

Deputy Administrator for Fi-nancial Assistance .........

Deputy Administrator for theInvestment Division ---------

Deputy Administrator for Pro-curement and Technical As-sistance-----------------

Director, Office of EconomicAdviser --------------------

Director, Office of Small Busi-ness Size Standards ---------

Office of Management and Re-search Assistance -----------

Regional directors -------------Size Appeals BoardSize Appeals Board; Secretary-.

Treasury DepartmentSee Narcotics Bureau.

7417 Veterans AdministrationRULES AND REGULATIONS:

7418 Life insurance; dividends --------

Codification GuideThe following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by

documents published in today's issue. A cumulative list of parts affected, covering the current month to date,appears at the end of each issue beginning with the second issue of the month.

Monthly, quarterly, and annual cumulative guides, published separately from the daily issues, include thesection numbers as well as the part numbers affected.

3 CFRPROCLAMATIONS:3361 ------------------------- 73513362 ------------------------- 7351

6 CFR331 -------------------------- 7352

7 CFR28---.. ------------ ------------ 7352728 -------------------------- 7355811 -------------------------- 7355818___*-------------------------- 7356850 -------------------------- 7357

PROPOSED RULES:54 -------------------------- 7374905 -------------------------- 7391957 ---------------------------- 7403

987 ------- ------------------- 73911014 ------------------------- 73911020 ------------------------- 7403

15 CFR382 ---------------------------- 7357

17 CFR274 .......

21 CFR120 .......304........................PROPOSED RULES:121 ..........................

49 CFR7368 PROPOSED RULES:

10 --------------------------- 7407

73697369

7374

38 CFR6 ------------------------------- 7369

8 --------------------------- 7369

47 CFR1 (2 documents) --------------- 737011 ----------------------------- 737261--------------------------- 737062 --------------------------- 737063 ------------------------ 7370PROPOSED RULES:2 ---------------------------- 74033 (3 documents) ----------- 7405,740610 ----------------------------- 7406

Now Available

UNITED STATES GOVERNMENTORGANIZATION MANUAL

1960-61 Edition

(Revised through June 1)

Published by the Office of the Federal Register,the National Archives and Records Service,

General Services Administration

817 pages-$1. 5 0 a copy

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ILIIL I Hby the Office of the Federal Register, National Archives and Records Service, General Serv-

Tp t934 ices Administration, pursuant to the authority contained in the Federal Register Act, ap.-

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The regulatory material appearing herein is keyed to the CODE OF FEDERAL REGULATIONS, which is published, under 50 titles, pur-

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tendent of Documents. Prices of books and pocket supplements vary.There are no restrictions on the republication of material appearing in the FEDERAL REGISTER, or the CoDE OF, FEDERAL REGULATIONS.

7416

7418741874187418

7369

Presidential DocumentsTitle 3-THE PRESIDENT

Proclamation 3361FIRE PREVENTION WEEK, 1960

By the President of the United Statesof America

A ProclamationWHEREAS preventable, destructive

fires continue to be a major cause ofhuman suffering and economic waste incommunities throughout the Nation; and

WHEREAS intelligent and determinedIndividual and cooperative action can'reduce in great measure this needlesswaste of our country's resources:

NOW, THEREFORE, I, DWIGHT D.EISENHOWER, President of the UnitedStates of America, do hereby designatethe week beginning October 9, 1960, asFire Prevention Week.

I call upon our people to promote pro-grams for the prevention and control offires; and I urge State and local govern-ments, the American National Red Cross,the Chamber of Commerce of the UnitedStates, and business, labor, and farmorganizations, as well as schools, civicgroups, and public-information agencies,to share actively in observing Fire Pre-vention Week. I also direct the appro-priate agencies of the Federal Govern-ment to assist in this national effort toreduce the loss of life and property re-sulting from fires.

IN WITNESS WHEREOF, I havehereunto set my hand and caused theSeal of the United States of America tobe affixed.

DONE at the City of Washington thistwenty-ninth day of July in the year

of our Lord nineteen hundred[SEAL] and sixty, and of the Inde-

pendence of the United Statesof America the one hundred and eighty-fifth.

DWIGHT D. EISENHOWERBy the President: ,

CHRISTIAN A. HERTER,Secretary of State.

[F.R. Doc. 60-7356; Filed, Aug. 3, 1960;4:20 p.m.]

Proclamation 3362DETERMINING CERTAIN DRUGS

. TO BE OPIATES

By the President of the United States

of AmericaA Proclamation

WHEREAS section 4731(g) of the In-ternal Revenue Code of 1954 provides inpart as follows:

OPUTE.-The word "opiate", as used Inthis part shall mean any drug (as definedin the Federal Food, Drug, and CosmeticAct; 52 Stat. 1041, section 201(g); 21 U.S.C.321) found by the Secretary or his delegate,after due notice and opportunity for publichearing, to have an addiction-forming oraddiction-sustaining liability similar tomorphine or cocaine, and proclaimed by thePresident to have been so found by the Sec-retary or his delegate. * * *;

AND WHEREAS the Secretary of theTreasury, after due notice and oppor-

tunity for public hearing, has found thateach of the following-named drugs hasan addiction-forming or addiction-sus-taining liability similar to morphine, andthat in the public interest this findingshould be effective immediately:

1. Benzethldine (Ethyl 1-(2-benzyloxy-ethyl) -4-phenyl-4-piperidine carboxylate).

2. Furethidine (Ethyl 1-(2-tetrahydrofur-furyloxyethyl) -4-phenyl-4-piperidine car-boxylate).3. 2 - (p-Chlorobenzyl) - 1 - diethylamino-

ethyl-5-nitrobenzimidazole.4. 2 - (p-Ethoxybenzyl) - 1 - diethylamino-

ethyl-5-nitrobenzimdazole.

NOW, THEREFORE, I, DWIGHT D.EISENHOWER, President of the UnitedStates of America, do hereby proclaimthat the Secretary of the Treasury hasfound that each of the aforementioneddrugs has an addiction-forming or ad-diction-sustaining liability similar tomorphine and that in the public interestthis finding should be effective imme-diately.

IN WITNESS WHEREOF, I have here-unto set my hand and caused the Sealof the United States to be affixed.

DONE at the City of Washington thistwenty-ninth day of July in the year of

our Lord nineteen hundred and[SEAL] sixty, and of the Independence

of the United States of Americathe one hundred and eighty-fifth.

DWIGHT D. EISENHOWER

By the President:

CHRISTIAN A. HERTER,Secretary of State.

[F.R. Doc. 60-7357; Filed,4:52 p~m.]

Aug. 3, 1960;

7351 *

Rules and RegulationsTitle 6-AGRICULTURAL

CREDITChapter Ill-Farmers Home Adminis-

tration, Department -of Agriculture

SUBCHAPTER B-FARM OWNERSHIP LOANS

[FHA Instruction 428.1]

PART 331-POLICIES ANDAUTHORITIES

Average Values of Farms; MissouriOn July 21, 1960, for the purposes of

Title I of the Bankhead-Jones FarmTenant Act, as amended, average valuesof efficient family-type farm-manage-ment units for 112 of the 114 countiesidentified below were determined to beas herein set forth. The average valuesheretofore established for said 112 coun-ties, which appear in the tabulations ofaverage values under 6 CFR 331.17, aresuperseded by the average values setforth below for said counties.

MISsoURI

AverageCounty valueAdair ---- $40, 000Andrew ---- 50,000Atchison _ 50,000Audrain -- 40, 000Barry -- 30,000Barton ---- 40, 000Bates ---- 40,000Benton ____ 35,000Bollinger __ 35,000Bodne --- 40, 000Buchanan - 50,000Butler ---- 40,000Caldwell -- 40, 000Callaway -- 40,000Camden 30,000Cape

Girardeau- 40,000Carroll --- 45,000Carter --- 25,000Cass ------- 45,000Cedar -- 30, 000Chariton 45,000Christian 35, 000Clark ------ 40,000Clay ------- 50,,000Clinton --- 45,000Cole ------ 35,000Cooper ---- 40,000Crawford -_ 30,000Dade ------ 35,000Dallas ---- 30,000Daviess ---- 40, 000De Kalb --- 40,000Dent ------ 30,000Douglas 30, 000Dunklin 50, 000Franklin __ 35, 000Gasconade 30, 000Gentry ... 40, 000Greene ---- 40, 000Grundy 40, 000Harrison - 40, 000Henry --- 40,000Hickory 3- 30, 000Holt - ...--- 50,000Howard --- 40,000Howell ---- 30, 0coIron ------ 30,000Jackson --- 50, 000

7352

AverageCounty valueJasper --- $40,000Jefferson -_ 35, 000Johnson --- 45,000Knox ---- 40,000Laclede ---- 30,000Lafayette . 50,000Lawrence .. 35,000Lewis --- 40,000Lincoln --- 40, 000Linn ------ 40,000Livingston - 40, 000McDonald - 30, 000Macon"'_.... 40, 000Madison --- 30, 000Mares .... 30,000Marion ---- 40,000Mercer ---- 40,000Miller --- 30,000Mississippi 50, 000Moniteau -_ 35,000Monroe --- 40,000Montgomery 40,000Morgan ---- 35,000New Madrid 50,000Newton ---- 35,000Nodaway -_ 50, 000Oregon ---- 25, 000Osage --- 30, 000Ozark - 3--- 30,000Pemiscot -_ 50, 000Perry --- 40, 000Pettis -- 40, 000Phelps .... 30,000Pike ------ 40,000Platte ---- 50,000Polk ------ 85, 000Pulaski --- 30, 000Putnam --- 40,000Ralls ------ 40,000Randolph -_ 40,000Ray ------ 45,000Reynolds -_ 25,000Ripley ---- 30, 000St. Charles'_ 40,000St. Clair -_ 35,000St. -Francois 30,600Ste.

Genevieve 35,000St. Louis __ 40,000

MrssouRI-Continued

AverageCounty valueSaline --- $50, 000Schuyler 40,000Scotland 40, 000Scott ------ 50, 000Shannon -_ 25, 000Shelby ---- 40,000Stoddard -_ 50, 000Stone - 3-- 80, 000Sullivan --- 40,000

County -Taney ----Texas ....Vernon ----Warren ----WashingtonWayne ----Webster ---Worth ----Wright ----

(Sec. 41, 50 Stat. 528, as amended; 7 U.S.C.1015; Order of Acting See. of Agr., 19 F.R.74,22 F.R. 8188.)

Dated: July 29, 1960.

H. C. SMITH,Acting Administrator,

Farmers Home Administration.

[F.R. Doc. 60-7293; Filed, Aug. 4, 1960;8:47 a.m.]

Title 7-AGRICULTUREChapter ,I-Agricultural Marketing

Service (Standards, Inspections,

Marketing, Practices), Departmentof Agriculture

PART 28-COTTON CLASSING, TEST-ING, AND STANDARDS

Subpart E-Cotton Fiber and

Processing Tests

REVISIONS IN SCHEDULE OF TESTS ANDFEES

Pursuant -to authority contained in

section 3c of the Cotton Statistics andEstimates Act (sec. 3c, 50 Stat. 62; 7U.S.C. 473c), § 28.956 of the regulationsfor cotton fiber and processing tests ishereby amended to read as follows:

§ 28.956 Prescribed fees.

Fees for fiber and processing tests

shall be assessed as listed below:

Item No., Kind of Test, and Fee per Test

1. Truncated fiber length array ofcotton samples (reporting thepercentage of fibers /2 inch andlonger and the mean length and'uniformity of length of suchfibers as based on 3 specimensfrom a blended sample):'

a. Ginned cotton lint, per sample. $12.50b. Comber noils, per sample ---- 18.75c. Other cotton waste, per sample. 25.00

2. Fiber length array of cotton sam-ples (reporting the average per-centage of fibers by weight ineach %-inch group, the averagelength, and the average lengthvariability as based on S speci-mens from a blended sample):

a. Ginned cotton lint, per sample.. 15.50b. Cotton comber noils, per sample_ 21.75c. Other cotton wastes, per sample-' 28.00

2.1. Fiber length array of cotton sam-ples (reporting the average per-centage of fibers by weight ineach Va-inch group, the averagelength, and the average length

Item No., Kind of Test,and Fee per Test-Con.

2.1. Fiber length array, etc.-Con.

variability as based on 2 speci-mens from a blended sample):

a. Ginned cotton lint, per sample. $11.25b. Cotton comber noils, per sample- 17.50c. Other cotton wastes, per sample 23.75

2.2. Fiber array of cotton samplesincluding purified or absorbentcotton (reporting the averagepercentage of fibers 1/2 inch andlonger by weight, the average offibers shorter than 14 inch byweight, the average length, andthe average length variability asbased on 3 specimens from eachsample), per sample ------------ 15.50

3. Fiber length of ginned cotton lintby Fibrograph method (reportingthe average length and the aver-age length uniformity as basedon 4 specimens from a blendedsample), per sample ------------ 1.75

Minimum fee unless performed inconnection with other tests re-quiring a blended specimen --- 3.50

3.1. Fiber length of ginned cotton lintby Fibrograph method (reportingthe length of each sub-sampleand the average length and theaverage length uniformity foreach group of replicate sub-sam-ples as based on 2 specimensfrom each of 3 or more replicateunblended sub-samples), persub-sample --------------------- 1.00

Minimum fee -------------------- 4.004. Fiber length of ginned cotton lint

by Digital Fibrograph method(reporting the average length,average length uniformity andaverage percentage of fibersshorter than inch as based on4 specimens from a blended sam-ple), per sample --------------- 3.50

4.1.. Fiber length of ginned cotton lintby Digital Fibrograph method(reporting the length of eachsub-sample and the averagelength, average length uniform-ity and average percentage offibers shorter than inch foreach group of replicate sub-sam-ples as based on 2 specimensfrom each of 3 or more replicateunblended sub-samples), persub-sample -------------------- 1.75

Minimum fee -------------------- 3.505. Fiber strength of ginned cotton lint

by fiat bundle method (report-ing the average strength as basedon 4" or more specimens from ablended sample), per sample-.... 1.75

Minimum fee unless performed inconnection with other tests re-quiring a blended specimen.... 3.50

5.1. Fiber strength of ginned cottonlint by fiat bundle method (re-porting the strength of each sub-sample and the average strengthfor each group of replicate sub-samples as based on 2 specimensfor each of 3 or more replicateunblended sub-samples), persub-sample -------------------- 1.00

Minimum fee -------------------- 4.006. Fiber maturity and fineness of

ginned cotton lint by the Causti-caire method (reporting the av-erage maturity, fineness, and Mi-cronaire reading as based on 2specimens from a blended sam-ple), per sample --------------- 2.50

Minimum fee --------------------- 7.50

Friday, August 5, 1960 FEDERAL REGISTER

Item No., Kind of Test, and Fee per Test-Con. Item No., Kind of Test, and Fee per Test-Con. Item No., Kind of Test, and Fee per Test-Con.

6.1 Micronaire tests on ginned cot-ton lint (reporting the averageMicronaire reading as based on2 specimens from a blended sam-ple), per sample -------------- $0.75

Minimum fee unless performed inconnection with other tests re-quiring a blended specimen-.... 3.00

6.2 Micronaire tests on ginned cottonlint (reporting the Micronairereading for each sub-sample andthe average Micronaire readingfor each group of replicate sub-samples as based on 1 specimenfrom each of 2 or more replicateunblended sub-samples), persub-sample ---------------------. 25

Minimum fee ------------------ 3 .007. Neps content of ginned cotton lint

(reporting the neps per. 100square inches as based on theweb prepared from a 3-gramspecimen by using accessoryequipment with the mechanicalfiber blender), per sample --- 2.50

Minimum fee unless performed inconnection with other tests re-quiring, a blended specimen.... 7.50

8, Furnishing American cotton forlaboratory check test (includingdata for length by both arrayand Fibrograph methods,strength by fiat bundle method/ -inch gauge, maturity and fine-ness by the Causticaire method) :

a. Short staple, per 1-pound sam--pie ------------------.-..... . 7.50

b. Medium staple, per 1-poundsample --------------------- 7.50

c. Long staple, per 1-pound sam-ple ------------------------- 7.50

d. Extra long staple, per 1-poundsample --------------------- 7.50

9. Blending samples of ginned cottonlint (including the blending ofa 10-gram sample on the me-chanical fiber blender and re-turning the blended sample tothe applicant), Per sample.... 1.25

10. Moisture content of ginned cottonlint, cotton stock at variousstages of processing, and cottonlint waste of various types (re-porting the percentage of mois-ture content by the oven-dryingmethod as based on a 20-gramspecimen), per sample ----------- . 00

Minimum fee ------------------- 4.0010.1. Moisture regain of ginned cot-

lpn lint at 92 percent relative hu-midity (reporting the averagepercentage of moisture regain asbased on the bone-dry weight oftwo 2-gram specimens), persample ------------ ------------ 1.50

Minimum fee ------------------- 6.0011. Cotton carded yarn spinning test

(reporting data on the wastes ex-tracted, the neps in card web, theyarn skein strength, the yarn ap-pearance, and classification andfiber length as specified in items28 and 3 as well as commentssummarizing any unusual ob-servations as based on the proc-essing of 5 pounds of cotton inaccordance with standard labo-ratory procedures at one of thestandard rates of carding of 61/2,9/. or 12/2 pounds-per-hour intotwo of the standard carded yarnnumbers of 8s, 14s, 22s, 36s, 4,4s,or 60s, employing a standardtwist multiplier unless otherwisespecified), per sample ---------- 37.50

Minimum fee ------------------- 75.00

12. Cotton combed yarn spinning test(reporting data on the wastes ex-tracted,*the neps in card web, theyarn skein strength, the yarn ap-pearance, and classification andfiber length as specified in items28 and 3 as well as commentssummarizing any unusual ob-servations as based on the proc-essing of 7 pounds of cotton inaccordance with standard pro-cedures at one of the standardrates of carding of 42, 6/2, or9!/2 pounds-per-hour into two ofthe standard combed yarn num-bers of 22s, 36s, 44s, 50s, 60s, 80s,or 100s employing a standard -twist multiplier unless otherwisespecified), per sample --------- $50.00

Minimum fee ------------------ 100.0013. Cotton carded and combed yarn

spinning test (reporting the re-sults specified in item numbersI Iand 12 in combination as basedon the processing of 9 pounds ofcotton into two of the standardcarded and two of the standardcombed yarn numbers employingthe same carding rate and thesame yarn numbers for both thecarded and the combed yarns),per sample ------------------- 62.50

Minimum fee ------------------ 125. 0014. Cotton carded and combed yarn

spinning test (reporting the re-sults specified in item numbers11 and 12 in combination asbased on the processing of 9pounds of cotton into two of thestandard carded and two of the"standard combed yarn numbersemploying different carding ratesand/or yarn numbers for thecarded and combed yarns), persample ----------------------- 75.00

Minimum fee ------------------- 150.0015. Two-pound 'cotton carded yarn

spinning test (available to cottonbreeders only reporting data onthe neps in card web, the yarnskein strength, the yarn appear-ance and the classification andthe fiber length of the cotton asspecified in item numbers 28 and3 as well as comments on any un-usual processing performance asbased on the processing of 2pounds of cotton in accordancewith standard procedures into22s and 36s carded yarns employ-ing a standard twist multiplier),per sample ------------------- 25.00

Minimum fee ------------------- 50. 0016. Processing and testing of addi-

tional yarn (any carded orcombed yarn number processedin connection with spinning testsas specified in item numbers 11through 14 including either addi-tional yarn numbers or additionaltwist multipliers employed on thesame yarn numbers):

a. Single yarn reporting data' onskein strength and appearance,per additional lot of yarn --- 6.25

b. 2- or 3-ply yarn reporting dataon skein strength only, per lotof yarn -------------------- 12.50

16.1. Processing and furnishing of ad-ditional yarn (any yarn numberprocessed in connection withspinning tests as specified initgrms 11 through 14): •

a. Approximately 300 yards on eachof 16 paper tubes for. testing bythe applicant, per additionallot of yarn--. --------------- 12.50

16.1. Processing and furnishing, etc.-Continued

a. Approx. 300 yards, etc.-Con.

In the following quantitieswound on paper tubes:

Per Mini-Yarn number pound mum

fee

b. Carded 60s or coarser... $12.50 $15.50c. Combed Osor coarser-. 15.50 18.75d. Combed 61s to 80s .----- 18. 75 21.75e. Combed 81s to l0Os.... - 21.75 25.00

17. Spinning twist test (reportingdata on the skein strength ofany yarn number processed fromginned lint or stock in processemploying 6 different spinningtwist multipliers as specified bythe applicant for determining theoptimum twist) processed as fol-lows:

a. From ginned lint or picker lap,per sample ----- 7 ----------- $50.00

b. From sliver, per sample --------- 45.00c. From roving, per sample -------- 40.00

17.1. Additional spirning- twist test(from the same material and in,connection with a spinning test,or a spinning twist test as speci-fied in item numbers 11 through14 and 17 reporting data on yarnskein strength for an additionalyarn number or additional twistson the same yarn number), per6 lots of yarn ----------------- 30.00

18. Skein strength of yarn (reportingdata on the strength and the yarnnumbers based on 25 skeins fromyarn furnished by the applicant),per sample -------------------- 3.00

18.1. Single strand strength of yarn(reporting data on the strengthas based on a minimum of 10breaks on yarn from each of 7bobbins employing an automatictesting machine), per sample.. 3.75

Minimum fee ------ ------------- 7.50a. Furnishing copy of chart record,

per test -------------------- 1.2518.2. Single strand strength of ply

yarn or cord (reporting data onthe strength as based on 25breaks employing a pendulumtype testing machine), persample ------------------------ 3. 00

18.3. Appearance grade of yarn onbobbins furnished by applicant(reporting the appearance gradein accordance with ASTMI stand-ards as based on yarn woundfrom one bobbin), per bobbin. 1.25

a. Furnishing yarn would onboards in connection with yarnappearance tests as specifiedin item numbers 11 through15 and 18.3, per yarn number-- 1.25

19. Processing, weaving, and testingof fabric (reporting data on thewarp and the filling strength bythe grab method for any stand-ard cotton fabric for which thelaboratories are equipped to pro-duce which are processed inaccordance with standard labora-tory procedures) :

a. Processed in connection withspinning tests as specified initem numbers -11 through 14,per lot of fabric ------------- 90.00

b. Processed from yarns furnishedby the applicant, per lot offabric ----------------------- 75.00

7353

7354

Item No., Kind o Test, and Fee per Test-

20. Strength og cotton fabric (re-porting the average warp andfilling strength by the grabmethod as based on 5 breaks forboth warp and filling of fabricfurnished by the applicant),per lot of fabric ...............

20.1 Cotton Fabric Anaylsis (report-ing data on the number of warpand filling threads per inch andthe weight per yard of fabric asbased on at least three (3) 6 x 6-inch specimens of fabric whichwas processed as specified in itemnumber 19, or furnished by theapplicant), per lot of fabric ....

Minimum fee --.-. .............20.2 Sizing content of cotton fabric

or yarn (reporting data on sizingcontent as based on the desizingof a 20 to 40 gram specimen ofsized and, if available, unsizedfabric or yarn which was proc-essed as specified in item num-ber 19 or furnished by the ap-plicant), per lot of fabric or yarn

Minimum fee20.3. Air-permeability of cotton fab-

ric (reporting the average cubicfeet of air per minuAt per squ.arefoot of fabric at a 'ressure dropof 0.5 inches of water across thefabric as based on five 10 x 10-inch specimens), per lot offabric ............... ........

Minimum fee ------------- T ------21. Neps and waste test (reporting

data on neps in card web andwastes extracted in the process-ing of a 5-pound specimen ofginned cotton lint through thepicking and carding processes Inaccordance with standard pro-cedures as specified in item num-bers 11 and 12, per sample ....

21.1. Determination of neps in cardweb of cotton (reporting theaverage number of neps per 100square inches of' web in speci-mens furnished by the applicanton boards covered with black vel-vet not to exceed 10 specimens ora total of 360 square inches),per test ......................

22. Sugar content and acid-alkalinityof ginned cotton lint (reportingdata on the percentage of solublereducing sugar content and theacid'-alkalinity in pH units asbased on ehemical-colorimetricand electronic meter tests onwater extracts), per sample ....

Minimum fee --------------------22.1. Sugar content only, per sample

Minimum fee ---------------------22.2. Acid-alkalinity only, per sam-

ple ------ ---------------------Minimum fee --------------------

23. Color of ginned cotton lint (re-porting data on the reflectancein terms of Rd values and thedegree of yellowness in terms ofb values as based on color testsemploying the Nickerson-Huntercolorimieter on samples whichhave a uniform surface measur-ing 5 x 61/2 inches and weighingapproximately 50 grams in orderto provide specimens which aresufficiently thick to be opaque),per sample ................. -

Minimum fee --------------------23.1. Furnishing color diagrams of of-

ficial grade standards (reportingcolor values plotted on a diagramas based on tests employing theNickerson-Hunter colorimeter forstandards purchased by the ap-plicants), per set or portion ofset --------------------------

RULES AND REGULATIONS

-Con. Item No., Kind of Test, and Fee per Test-Con. Item No., Kind of Test, and Fee per Test-Con.

23.2. Furnishing color standards (in- 31. Bleaching and testing of cottoncluding a set of standards and yarn (reporting data on the colora master diagram for use in call- of the yarn in terms of Rd reflec-brating Nickerson-Hunter cotton tance values and plus b degree ofcolorimeters), per set ---------- $30.00 yellowness values as based on the

24. Furnishing' copies of test data measurement of two 120-yard$3.00 work sheets (includes individual skeins either processed in con-

observations and calculations nection with spinning test itemwhich are not routinely furnished numbers 11 through 14 or fur-to the applicant), per sheet.... 1.00 nished by the applicant and

25. Foreign matter content of cotton bleached in accordance withsamples (reporting ,data on the standard laboratory procedures),non-lint content as based on the per lot of yarn ---------------- -$4.00Shirley Analyzer separation of Minimum fee ------------------- 40.00lint and foreign matter): 32. Bleaching, dyeing and testing of

6.25 a. For samples of ginned lint or cotton yarn (reporting data on12.50 comber noils, per 100-gram the color of the dyed yarn in

specimen -------------------- 2.00 terms#of Rd reflectance values,Minimum fee ------------------- 4. 00 - and minus b degree of bluenessb. For samples of ginning and values as based on the measure-

processing wastes other than ment of two 120-yard skeinscomber noils, per 100-gram- either processed in connectionspecimen ------------ r------ 5.00 withspinning test item num-Minium ee --------------- 1.00 bers 11 through 14 or furnished

26. Furnishing identified cotton sam- ba thr 14 or furnihed6.25 ples (includes samples of ginned / by the applicant and bleached

25.00 lint, stock at any stage of procr thndyd ia ordancedwitheslgor testing, waste of ,any standard laboratory procedures),essing o etnwseo n per lot of yarn ----------------- 6.00type, yarn or fabric selected and Minimum tee ------------------- 60.00identified in connection ' with Mingumdfee of . 0.0fiber and/or spinning tests), per 33. Dyeing and testing of grey cottonidentified sample ---------------. 75 yarn (reporting data on the color

of the dyed yarn in terms of Rd27. Furnishing additional copies of reflectance values and minus btest reports (includes extra copies degree of blueness values as based

3.00 in addition to the 2 copies rou- on t luen t of tw base6.00 tinly frnihed n cnnecionon the measurement of two 120-600 tinely furnished In connection yard skeins either processed Inwith each test item), per addi- connein with proc es t

tional sheet -------------------. 50 connection with spinning test27.1. Furnishing a certified relisting item numbers 11 through 14 or

of test results (includes samples furnished by the applicant and

or sub-samples selected from any dyed in accordance with stand-previous tests), per sheet ....... 2.150 ard laboratory procedures), per

28. Classification of ginned cotton lot of yarn -------------------- 4.00

lint in connection with fiber and/ Minimum fee -------------------- 40.009.00 or processing tests (includes 34. Luster of cotton yarn (reporting

grade and staple classification of data on the percent luster of grey4-ounce samples in accordance or mercerized yarn either proc-withte sapplsicable corane essed in connection with spinningwith the applicable American test item numbers 11 through 14standards for the cotton sub- or furnished by the applicant asmitted), per sample -------------. 25 based on the measurement of two

29. Combination fiber test including 120-yard skeins), per lot of yarn. 1.00test item numbers 3, 5, and 6, Minimum fee -------------------- 8 3.00

1.75 per sample -------------------- 5.00 35. Color of cotton yarn (reportingMinimum fee ------------------- 10.00 dataon the color of grey,a. When tested in connection with bleached, dyed or bleached and

spinning test item numbers 11, dyed yarn either processed in1,1,1nd 15st ptemnerspl. 1, 5 connection with spinning te~t12, 13, 14 and 15, per sample-._ 3.75 items 11 through 14 or furnished

Minimum fee ------------------- 7. 50 by the applicant as based on the29.1. Combination fiber test includ- measurement of two 120-yard

1.25 ing test items 3, 5 and 6.1, per,. skeins), per lot of yarn --------- 1.006.25 sample ----------------------- 3.75 Minimum fee -------------------- 3. 001.00 a. When tested in connection with (See. 3c, 50 Stat. 62; 7 U.S.C. 473c. Interpret5.00 spinning test item numbers 11, or apply sec. 3d, 55 Stat. 131; 7 U.S.C. 473d)

1.00 12, 13, 14 and 15, per sample-. 2.005.00 29.2. Combination fiber test includ- The amendment reflects increases in

ing test items 3.1, 5.1 and 6.2 (on the prices of most fiber and processing3 or more replicate sub-samples), tests. These increases have become nec-persib-sample ----------------- 1. 75 essary to more nearly cover the costs of

Minimum fee ------------------- 5.25 performing such tests.30. Mercerizing and testing of cotton Compliance with the. procedural and

yarn (reporting data on the lus- effective date requirements of section 4ter of two 120-yard skeins and of the Administrative Procedure Act isstrength of the yarn as based on hereby found to be impracticable, unnec-twenty-five 120-yard skeins mer- essary, and contrary to the public inter-cerized in accordance with stand- est for the reasons that: (1) Legislationard laboratory procedures) : provides that the fees charged shall be

.25 a. Including the processing of the reasonable and shall as nearly as possible2.00 extra yarn in connection with cover the cost of the service rendered;

spinning test item numbers 11 (2) the cost of such service is peculiarlythrough 14, per lot of yarn .... 12. 50 within the knowledge of the Department

Minimum fee ------------------- 50.00 and the fees set forth herein are neces-b. For yarn furnished by the appli- sary to more nearly cover such cost in-

cant (27 skeins of 120 yards cluding, but not limited to increased sal-each required), per lot of yarn. 10.00 aries to Federal employees required by

15.00 Minimum fee ------------------ 40.00 recent legislation (Public Law 86-568) ;

Friday, August 5, 1960

(3) it is imperative that the increase Infees become effective as soon as possible;ai.d (4) additional time is not requiredin order for the industry to make prep-aration for compliance with this amend-ment.

Effective date. This amendment shallbecome effective on the date of its pub-lication in the FEDERAL REGISTER.

Done at Washington, D.C., this 2d dayof August 1960.

Roy W. LENNARTSON,Deputy Administrator,

Agricultural Marketing Service.jF.R. Doc. 60-7296; Filed, Aug. 4, 1960;

8:48 a.m.]

Chapter VII-Commodity Stabilization-Service (Farm Marketing Quotasand Acreage Allotments), Depart-ment of Agriculture

[Amdt. 1]

PART 728-WHEAT

Subpart-Determination of CountyNormal Yields for .1960

MISCELLANEOUS AmENDMENTS

Basis and purpose. The amendmentsherein are issued under and in accord-ance with the provisions of the Agri-cultural Adjustment Act of 1938, asamended, to correct certain typographi-cal errors in this subpart published inthe FEDERAL REGISTER (25 F.R. 6116).

Since the determination of 1960county normal yields is necessary foruse as a guide in the determination of1960 normal yields for excess farms, itis necessary to make these correctionsimmediately. Therefore, it is hereby

.found and determined that compliancewith the public nbtice, procedure, andeffective date provisions of the Adminis-trative Procedure Act (5 U.S.C. 1003)is unnecessary, and that these amend-ments shall become effective upon thedate of their publication in the FEDERALREGISTER. Section 728.1008 Determina-tion of the county normal yields for the1960 crop of wheat is amended asfollows:

1. For the State of New York, as toWestchester County strike out the fig-ures "29:6" and insert in lieu thereof thefigures "30.8".

2. As to the State of Pennsylvania, forthe County of Clarion, strike out thefigures "23.4" and insert in lieu thereofthe figures "23.1" and for the Countyof Tioga, strike out "the figures "23.4"and insert in lieu thereof the figures"24.3".

3. As to the State of Wyoming, insertan asterisk before the Counties of Na-trona, Niobrara and Park, which indi-cates that said counties have special,wheat cultural practices.(See. 375, 52 Stat. 66; 7 U.S.C. 1375)

Issued at Washington, D.C., this 1stday of August 1960.

CLARENCE D. PALMBY,Associate Administrator,

Commodity Stabilization Service.[P.R. Doc. 60-7301; Filed, Aug. 4, 1960;

8:48 a.m.l

FEDERAL REGISTER

Chapter VIII-Commodity Stabiliza-tion Service (Sugar), Department ofAgriculture

SUBCHAPTER B-SUGAR REQUIREMENTS ANDQUOTAS

[Sugar Reg. 811, Amdt. 4]

PART 811-CONTINENTAL SUGARREQUIREMENTS A N D A R E AQUOTAS

Requirements and Quotas for 1960

Basis and purpose. The purpose ofSugar Regulation 811 is to determine,pursuant to Sec. 201 of the Sugar Act of1948, as amended, and as .furtheramended by Public Law 86-592, approvedJuly 6, 1960 (hereinafter called the Act),the amount of sugar needed to meet therequirements of consumers in the con-tinental United States for the calendaryear 1960 and to establish sugar quotasfor the supplying areas except Cuba interms of short tons of sugar, raw value.By Proclamation No. 3355, effective July8, 1960 (25 P.R. 6414), the President ofthe United States, acting pursuant to theprovisions of section 408(b) of the Act,determined that the sugar quota for Cubafor the balance of the calendar year 1960should be 39,752 short tons, raw value,plus the sugar certified prior to July 3,1960, for entry but not then entered orwithdrawn from warehouse. This regu-lation establishes quotas for 1960 fordomestic areas and for foreign countriesother than Cuba pursuant to the provi-sions of section 202 of the Act and alsoestablishes for domestic areas and for-eign countries other than Cuba theamounts of certain quotas that may befilled by direct-consumption sugar pur-suant to section 207 of the Act.

The Act requires that the Secretaryshall revise the determination of sugarrequirements at such times during thecalendar year as may be necessary. Itnow appears that an increase in theestimate of requirements for the calen-dar year 1960 is necessary.

The purpose of this amendment is to(1) make such determination conform tothe requirements of consumers as indi-cated on the basis of factors specified inSee. 201 of the act, as amended, (2)establish sugar quotas for the supplyingareas, except Cuba, in terms of shorttons, raw value, and (3) determine andprorate deficits in the quotas for Hawaii,Puerto Rico and the Virgin Islands forsugar to be marketed in the continentalUnited States in 1960; as established in§ 811.2 as amended herein, in accordancewith' section 204(a).

Section 204(a) of the Act provides thatthe Secretary shall from time to timedetermine whether any area will be un-able to market its quota. By Proclama-tion No. 3355 the President of the UnitedStates delegated to the Secretary of Agri-culture the authority vested in the Presi-dent by section 408(b) (2) and section408(b) (3) of the Act, such authority tobe exercised with the concurrence of the

7355

Secretary of State. By virtue of suchdelegation of authority, and pursuant tosection 204(a) and section 408(b) (2) ofthe Act, deficits were determined inAmendment 3 of Sugar Regulation 811based upon the expectation that the sup-ply of sugar available for marketing inthe continental United States will notexceed 940,444 tons from Hawaii, 893,620tons from Puerto Rico and 8,618 tonsfrom the Virgin Islands.

The increases in the quotas for thesethree areas made effective herein by vir-tue of the 400,000-ton increase in thedetermination of the United States sugarrequirements amount to 49,966 tons forHawaii, 52,245 for Puerto Rico and 712tons for the 'Virgin Islands. On thebasis of the expected supply of sugaravailable for marketing in the continen-tal United States from these three areas,it is hereby found that these areas willbe unable to market the additional quan-tities provided by 'the increased quotasestablished herein.

It is further found that the maximumquantities of sugar expected to be avail-able for marketing by the Domestic BeetSugar Area and the Mainland CaneSugar Area will not exceed 2,514,945short tons, raw value, and 773,873 shorttons, raw value, respectively, the quan-tities established by Amendment 3 to thisregulation as their adjusted quotas.. The quotas and prorations established

herein differ from those in effect underAmendment 3 to Sugar' Regulation 811(25 F.R. 6913). To permit areas forwhich larger quotas or prorations arehereby established to plan marketingsand to market in an orderly manner thelarger quantity of sugar, it is essentialthat this amendment be made effectiveimmediately. Therefore, it is hereby de-termined and found that compliancewith the notice, procedure and effectivedate requirements of the AdministrativeProcedure Act is unnecessary, imprac-ticable and contrary to the public inter-est and the amendment herein shall be-come effective when published in theFEDERAL REGISTER"

By virtue of the authority vested in theSecretary of Agriculture by the SugarAct of 1948, as amended (61 Stat. 922, asamended), and the Proclamation of thePresident of the United States No. 3355(25 P.R. 6414 (§ 811.1, 811.2, 811.3 and811.4 are hereby amended to read asfollows:

§ 811.1 Sugar requirements, 1960.

The amount of sugar needed to meetthe requirements of consumers in thecontinental United States for the calen-dar year 1960 is hereby determined to be10,400,000 short tons, raw value.

§ 811.2 Quotas for domestic areas.

(a) For the calendar year 1960 quotasfor sugar to be brought into or marketedfor consumption in the continentalUnited -States from domestic areas areestablished in column (1) and. theamounts of such quotas for offshore areasthat may be filled by direct-consumptionsugar are established in column (2) asfollows:


[Short tons, raw value]

Direct-Quotas consump.

Area tion limits

(1) (2)

Domestic beet sugar --------- 2, 267, 301 (1)Mainland cane sugar ---------- 697, 670 (I)Hawaii ----- -------------- 1,265, 375 35, 623Puerto Rico ------ --------- 1,323,111 154, 403Virgin Islands ----------------- 18, 043 0

I No limit.

(b) Of the quantity established inparagraph (a) of this section for PuertoRico which may be filled by direct-con-sumption sugar, 126,033 short tons,rawvalue, may be filled only by sugar prin-cipally of crystalline structure.

§ 811.3 Quotas for foreign countriesother than Cuba.

For the calendar year 1960 quotas forsugar to be imported into the continentalUnited States for consumption thereinfrom foreign countries are established incolumn (1) and the amount of each suchquota that may be filled by direct-con-sumption sugar is established in column(2), as follows:


Direct'Quotas consump-

Country tion limis

(1) (2)

Republic of the Philippines_.. 980,000 59, 920Peru ------------------------- 138, 827 11,431Dominican Republic ---------- 130, 957 10, 191Mexico ----------------------- 115,809 18, 511Nicaragua -------------------- 19, 766 12, 207Haiti ------------------------ 9, 105 7,000Netherlands ------------------- 4,427 4, 427China ------------------------ 4,218 4, 218Panama ---------------------- 4, 218 4,218Costa Rica -------------------- 4, 202 4,202Canada --------------------- 631 631United Kingdom----------------516 516Belgium ---------------------- 182 182British Guiana ---------------- 84 84Hong Kong.--.---------------- 3 3All other countries ------------ -0 0

§ 811.4 Determination and proration of

area deficits and adjusted quotas.

(a) Deficit in quotas established in§ 811.2. It is hereby determined pur-suant to section 204(a) of the Act, thatfor the calendar year 1960, Hawaii,Puerto Rico and the Virgin Islands willbe unable by 324,931, 429,491, and 9,425short tons, raw value of sugar, respec-tively, to market the quotas establishedin such areas in § 811.2.

(b) Proration of deficits and quotasin effect. The total of the deficits inthe quotas determined in paragraph (a)of this section amounts to 763,847 shorttons, raw value, of which 323,847 shorttons, raw value, are hereby prorated pur-suant to section 204(a) of the Act to theother domestic areas as shown below,The balance of the deficits, amounting to440,000 short tons, raw value, is notherein allocated to Cuba because of thePresident's Proclamation 3355 effectiveJuly 8, 1960 (25 F.R. 6414). The quotasfor the domestic areas shall be thoseestablished in § 811.2 plus the quantitiesprorated herein, as follows:


QuotasProrated includingherein prorations

Area herein

(1) (2)

Domestic beet sugar ----------- 247, 644 2, 514, 945Mainland cane sugar........ 76, 203 773, 873Hawaii ----------- 0 1,268,375Puerto rico-------------------. 0 1,323, 111Virgin Islands--------------------0 18, 043

Statement of bases and considerations.Sugar refiners in the northeast onJuly 22 announced a price increase tobecome effective immediately, whichraised wholesale refined sugar pricesfrom 9.40 to 9.70 cents per pound. Thisaction followed an announcement onJune 15 which raised the price from 9.20to 9.40 cents per pound effective as ofJuly 5.

.Increases also have been announcedfor refined sugar in other marketingareas. The price in New York is now atthe highest level since 1923. A substan-tial quantity of raw sugar estimated atabout 200,000 tons was purchased byrefiners between July 23 and July 27 atprices ranging between 6.65 and 6.75cents per pound. This represents thehighest price for raw sugar since June1951 and with the exception of a fewdays, it, too, is the highest price since1923.

On July 15, the determination of con-sumers' sugar requirements was in-creased from 9,600,000 to 10,000,000 tonsand in a July 21 action, an additional617,385 tons of non-quota purchasesugar was allocated to 17 countries, mak-ing tie total of such sugar now availableand allocated 754,619 tons.

Apjsarently, the demand for sugar hasaccelerated to the point where suppliescan be obtained only at increasing prices.Accordingly, to protect the welfare ofconsumers, the determination of con-sumers' sugar requirements is herebyincreased to 10,400,000 tons.(Sec. 403, 61 Stat. 932; 7 U.S.C. 1153. Inter-prets or applies see. 202; 61 Stat. 924; 7 U.S.C.1112. Pub. Law 86-592; Proclamation No.3355, 25 F.R. 64114)

Done at Washington, D.C., this 1st dayof August 1960.

TRUE D. MORSE,Acting Secretary.

[P.R. Dc. 60-7291, Filed, Aug. 4, 1960;8:47 a.m.]

[Sugar Reg. 818, Amdt. 2] -

PART 818-REQUIREMENTS RELAT-ING TO NON-QUOTA PURCHASESUGAR FOR. 1960

Sources for 1960

Section 818.4 of Part 818 is herebyamended to read as follows':

§ 818.4 Source of non-quota purchasesugar.

For the calendar year 1960 the amountof non-quota purchase sugar to be im-ported into the continental United

States for consumption therein fromforeign countries is as follows:

Short tons,Country: raw value

Haiti -------------------------- 26,567Netherlands -------------------- 6, 129China ------------------------- 6, 258Panama ------------------------ 6, 258Costa Rica ---------------------- 6,267Republic of the Philippines ---- 176,426Peru --------------------------- 135,000Mexico ------------------------ 284, 628Nicaragua ----------------------- 22,000Canada ------------------------- 1,657United Kingdom ---------------- 1,355Belgium ----------------------- 478Hong Kong --------------------- 8British West Indies and British

Guiana ----------------------- 92, 765El Salvador --------------------- 6, 000Guatemala ---------------------- 6,000Brazil -------------------------- 100, 347

Non-quota purchase sugar is limited toraw sugar except that sugar testing inexcess of 99 degrees polarization is au-thorized for importation into the UnitedStates prior to September 30 from Mex-ico, Nicaragua, Panama, Costa Rica,Netherlands, Canada, United Kingdom,Belgium and Hong Kong, within thequantities established above for suchcountries, provided such sugar (exceptrefined beet sugar from the Netherlands)in excess of 2,000 tons from any suchcountry is to be further refined or im-proved in quality in the United States.

Findings and bases and considerations.Pursuant to the Sugar Act of 1948, asamended, and further amended by P.L.86-592, approved July 6, 1960, the Presi-dent's Proclamation 3355 (25 F.R. 6414),the purchase of 754,619 short tons, rawvalue, of non-quota purchase sugar fromother foreign countries has been author-ized (25 F.R. 6873, 7091).

Sugar Regulation 811, Amendment 41increased the determination of consum-ers' sugar requirements to 10,400,000short tons, raw value. The quantity ofnon-quota sugar which may now be au-thorized for purchase under section 408(b) and the President's Proclamation is1,435,900 short tons, raw value.

It is hereby found that the quantity ofsugar authorized for purchase should beincreased at this time from 754,619 shorttons, raw value, to 878,143 short tons,raw value.

Of this latter amount, a total of 51,479short tons, raw value, has been author-ized for purchase from Haiti, Nether-lands, China, Panama and Costa Ricaunder subparagraphs (i) and (iii) ofsection 408(b) (2). A quantity of 176,426short tons,. raw value, has been author-ized for purchase from the Republic ofthe Philippines under subparagraph (ii)of section 408(b)(2). A quantity of445,332 short tons, raw value, from coun-tries for which quotas have been estab-lished under section 202(c) of the Acthas been authorized for purchase undersubparagraph (iii) of section 408(b) (2).The quantities for each of the lattergroup of countries have been established

2See F.R, Doe. 60-7291 supra.

7356


pro rata to the quotas for such countriesunder section 202(c) of the Act to theextent of the ability of each such coun-try to supply sugar. The proviso in sub-paragraph (iii) of section 408(b) (2)authorizes the purchase of additionalsugar without regard to allocations pro-vided for in subparagraph (i), (ii) and(iii) of that section if additional amountsof sugar are required. Pursuant to thatproviso, additional quantities have beenauthorized for purchase from the follow-ing countries in the amounts shown:British West Indies and British Guiana,92,559, short tons, raw value; Brazil100,347; El Salvador 6,000; and Guate-mala 6,000. Not authorized for purchaseat this time is the Dominican Republicapportionment under subparagraph (iii)of section 408(b) (2) of 321,857 shorttons, raw value, and the remaining235,900 short tons, raw value, which hasnot been apportioned.

The regulation can be amended fromtime to time to increase or decrease thequantities of sugar authorized for pur-chase from any of the countries namedif it later appears that supplies fromany country will not be forthcoming ina manner that meets the requirementsof this market.

Raw sugar is not reasonably availablein sufficient quantity to supply our re-quirements during the summer months.Accordingly, sugar testing in excess of 99degrees polarization may be authorizedfor purchase for arrival in the UnitedStates prior to September 30 from cer-tain countries specified in § 818.4 pro-vided such sugar (except refined beetsugar from the Netherlands) in excess of2,000 tons from any such specified coun-try is to be further refined or improvedin quality in the United States..

To permit such non-quota purchasesugar to be marketed in an orderly man-ner it is essential that this regulationbe made effective immediately. There-fore, it is hereby determined and foundthat compliance with the notice, pro-cedure, and effective date requirementsof the Administrative Procedure Act Isunnecessary, impracticable, and con-trary to the public interest, and theseamendments to the regulations shall be-come effective when published in theFEDERAL REGISTER.

(Sec. 403, 61 Stat. 932, 7 U.S.C. 1153. Inter-prets or applies secs. 101, 408; 61 Stat. 922,as amended, 933, as amended; 7 U.S.C. 1101,P.L. 86-592, approved July 6, 1960)

Done at Washington, D.C., this 2dday of August 1960.

TRUE D. MORSE,Acting Secretary.

Concurred in for the Secretary of Stateby:

R. R. RUBOTTOM, Jr.Assistant Secretary o1 State.


No. 152-2

SUBCHAPTER G-DETERMINATION OFPROPORTIONATE SHARES

[Sugar Determination 850.122, Amdt. 3]

PART 850-DOMESTIC .BEET SUGARPRODUCING AREA

Proportionate Shares for Farms, 1960Crop

Pursuant to the provisions of section302 of the Sugar Act of 1948, as amended,§ 850.122 (24 F.R. 10611) (25 F.R. 3574).(25 F.R. 4427) is hereby further amendedby adding the following subparagraph(4) to paragraph (b).

(4) Redistribution of unused acreagewithin State allocations. Whenever theDirector determines that a portion ofany State acreage allocation establishedpursuant to this paragraph will not beutilized, all or a portion of such unusedacreage may be made available for usein other State(s) wherein he determinesthat additional acreage will be utilized.No action taken under this subparagraphshall affect the prevented acreage creditthat would otherwise be approved for afarm or recorded for a proportionateshare area orfor a State, as the case maybe, in accordance with Part 849 of thischapter (23 F.R. 7286) or amendmentsthereto. "

Statement of bases and considerations.The determination of proportionateshares for .the 1960 crop, issued on De-cember 18, 1959, established a nationalacreage limitation of 985,000 acres. Thislimitation was increased to 1,000,000acres on April 20, 1960, to partially offsetlower-than-estimated 1959-crop produc-tion and to bring the inventory of beetsugar to a more normal level.

In recent weeks, the quota for the beetsugar area has been increased substan-tially because of increases in the esti-mated total United States sugar require-ments and the proration to the area ofquota deficits for Hawaii, Puerto Rico,and the Virgin Islands. Thus, the de-mand for beet sugar is greater than an-ticipated. In addition, unfavorableweather during the planting season inseveral States and the lack of irrigationwater in one State have resulted in totalplantings therein of about 25,000 acresless than the total of the allocations forsuch States. Therefore, it appears thatthe acreages allocated to the States andthe resultant proportionate shares willproduce less sugar than anticipated. Insome of the other sugar beet producingStates, acreages have been planted inexcess of the allocations, with a total ofapproximately 6,000 acres being reportedas overplanted. Sugar beets of the 1960crop can still be planted in one sectionof California.

To increase the supply of beet sugaravailable to meet quota and carryoverrequirements, this amendment providesthat any acreage remaining unusedwithin a State allocation may be madeavailable for use in other States whereinsuch acreage may be utilized. Unusedacreage will first be distributed to Stateswherein the State allocations have beenexceeded to cover overplantings of the

proportionate shares on individual farmstherein and the balance will be madeavailable to farmers in the State whereplantings of 1960-crop sugar beets maystill be made to the extent that farmersdesire and have the ability to plant suchcrop above the proportionate sharesestablished previously. Based uponpresent information, it Is believed thatthe additional acreage which can bemade available to farmers in this Stateis more than adequate in relation to theacreage that can be utilized.

Because this action is taken to In-crease the supply of sugar as a resultof circumstances which have arisensince the issuance of the original deter-mination and the amendment thereto,the proportionate shares for the farmsaffected thereby will exceed those com-puted-for the 1960 crop by applicationof the factors of past production andability to produce. Accordingly, it isnot contemplated that recognition willbe given to any acreage in excess of theproportionate shares previously estab-lished in computing proportionate sharesor in establishing State allocations orarea allotments under forthcoming pro-portionate share determinations.

Because it is known that the failureto plant sugar beets up to the Stateallocations in several States was due, atleast in some degree, to abnormal anduncontrollable reasons for which pre-vented acreage credit may be approvedpursuant to Sugar Determination 849.2,any action taken pursuant to thisamendment will have no effect on thelimits of prevented acreage credit here-tofore provided.

Accordingly, I hereby find and con-clude that the foregoing amendment tothe determination will effectuate theapplicable provisions of the Sugar Act,as amended.(Sec. 403, 61 Stat. 932; 7 U.S.C. 1153; in-terprets or applies sees. 801, 302, 61 Stat.930, as amended; 7 U.S.C. 1132)

Issued this 1st day of August 1960.TRUE D. MORSE,

Acting Secretary of Agriculture.[F.R. Doe. 60-7292; Filed, Aug. 4, 1960;

8:47 sam.]

Title 15-COMMERCE ANDFOREIGN TRADE

Chapter Ill-Bureau of Foreign Com-merce, Department of CommerceSUBCHAPTER B-EXPORT REGULATIONS

[9th Gen. Rev. of Export Regs.; Amdt. 39]

PART 382-DENIAL OF EXPORTPRIVILEGES

Table of Denial and Probation Orders

In § 382.51 Supplement 1; Table of de-nial and probation orders currently ineffect, paragraph (b) Table of denial andprobation orders is amended to read asfollows:

7357FEDERAL REGISTER

RULES AND REGULATIONS7358

Friday, August 5, 1960 FEDERAL REGISTER 7359

7360 RULES AND REGULATIONS


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Friday, August 5, 1960 FEDERAL REGISTER 7365


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7366


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7367


Name and address Expiration dat E rt privfleges affected Federal Ieg-...- Efdae~e e'.xo Iter citation

Von der Fubr,. Hans W.J.M.,von der Fuhr, Werner H..doing business as N.V. Chem.Industrie "Tillburg", Post-straat 39, Postbox 37, Tlllburg,Netherlands.

Von Tseharner, .Albert Edward,Rothkreuz, Switzerland.

Wahle, Kurt O. W., Frankfurt/Main-Westhafen, West Ger-many.

Wallastone Construction Co.,Ltd., 22/32 Copperfleld Rd.London, E. 3, England.

Waller Estates, Ltd., 540 BurrardSt., Vancouver, B.C., Canada.

Wailer Family Trust Ltd.,Chambers, Nassau, Bahamas,'British West Indies.

Waller Investment Corp. Ltd.,Copperfield Road, Westhill,Ontario Canada

Waller, W. K. 8 22/32 Copper-field Road, London, E. 3, Eng-land.

Wallorstener ' Famillen Trust,Vaduz, Liechtenstein.

Wallerstelner William Kurt Sam-uel, also known as WallerW. K. S.," 22/32 CopperfieldRoad, London, E. 3, England.

Watfofd Chemical Co. (Canada)Ltd., Copperfleld Road, West-hill, Ontario, Canada.

Watford Chemical Company Ltd.,22/32 Copperfield Road, CanalRoad, London, E. 3, England.

Watford Chemical Corporation,New York, N.Y.

Watford Chemicals (Ajberta)Ltd., Royal Bank of CanadaChambers, Edmonton, Alberta,Canada.

Watford Realty Ltd., Copper.field Road, Westhill, Ontario,Canada.

Well Lu Trading Co., P.O. Box697, 201 Rama 1 Road, Pratumn-warn, Bangkok Thailand.

Westawa G.m.b.fT., 30 Frledrich.Ebert Strasso, Frankfurt, WestGermany.

Wester Metaalwarenfabrlek Am-sterdam, Netherlanda.

Western Metal A. G., Zurich andLausanne, Switzerland.

Williams, Terry & Co., HongKong.

Wilson, Yames Besil, 2 DoughtyStreet, LondonjW.C. 2, Eng-land.

Wolff, Trans, doing business asHans Wolff Export-Import,Bingerstrasse 31, Berlin-Wil-mersdorf, Germany.

Wolfson, Irving N., 15 Park Row,New York 38, N.Y.

"oussem, Loon, 12 Avenue desArts, Brussels, Belgium.iee Mohan, Post Office Box 666,Hong Keng. -

Zemanek & Co Ltd 46-47 Chan-cery Lane, iondon W.G. 2,England.

Zetlin, David or Davis, ZetlandCorp., David, Zetland, David,Zetlan, David or Davis, 46Cedar Street, New York, N.Y.

1-31-58

9-24-51

1-31-59 ..........(On proba-tion-frOm2-1-59 forduratlon*

Duration ......

6-13-60 ..... do ...........

3-11-57

3-11-57

3-11-57

3-11-57

3-26-57

3-11-57

3-11-0 (Onprobationfrom 3-1240for duration.)*

General and validated licenses,all commodities, any destina-tion, also exports to Canada.(Company related to Satis,A. G., which see.)

General and validated licenses,all commodities, any destina-tion, also exports to Canada.

(Company related to WilliamKurt Samuel Wallersteiner,which sec.)

.....do ........... ..... do. .........................

..... do ................ do ...................... v

----- do ............... do ...........................

23 FR. 761,2-5-58.

16 F.R. 10088,10-3-51.

25 F.R. 6610,6-21-60,

22 F.R. 1650,3-14-57, 22F.R. 2013,3-28-57.

Do.

Do.

...- do ......... --------------------------- 22 F.R. 2053,S3-28-57.

-.--- do* .......... (Company related to William 22 P.R. 1650,Kurt Samuel Wallersteiner, 3-14-57.which see.) . . 22 F.R. 2053,

3-11-57 1...do ..... . . . ....... .....-.--- ............

3-11-57 1. do' .......... 22 F.R 110,

3-11-57-- do' ........... 22 F.R. 1650,

3-11-57

3-11-57

....do'........ ....... ......

.do* ........ (Company related to William

Kurt Samuel Wallerstelner,which see.)

3-11-57 1- do' ............ I- do ...........................

6-1-54.1 Duration ........

3-11-57

10-27-55

4-25-56

3-11-60(On probationfrom 3-12-60for duration.)*

10-27-57 .......(On proba-tion from10-28-57 forduration.)*

Duration ........

6- 1-56 ..... do.L ........

9-23-58, Indefinite .......

4-15-57

4-23-53

(On probationfrom 4-1-57forduratidn.)*

Duration ........

3-25-57 Indefinite .......

5- 5-58 ..... do ...........

-21-56 Duration ........

5-28-51 --- do...........

General and validated licensesall commodities, any destina-tion, also exports to Canada.

(Company related to WilliamKurt Samuel Wallerstelner,which see.)

(Company related to Stemmler-Imex, N. V., which see.)

General and validated licensesall commodities, any destina-tion, also exports to Canada.(Company related to Abel,which see.)

General and validated licensesall commodities, any destina-tion, .also exports to Canada.

General and validated licensesall commodities, any destina-tion, also exports to Canada.(Party related to BakanowskiCorp. Ltd., -which see.)


--do-..-.........-............

General and validated licensesall commodities, any destina-tion, also exports to Canada.(Suspension for 18 months oras long as Treasury Dept.designated national, which.ever longer.) ...-


..... do ...........................

'Although the named person or firm is entitled to all export'privileges during this probation period, these privilegemay be revoked upon a finding that the probation has been violated.(See. 3, 63 Stat. 7; 50 U.S.C. App. 2023, E.G. 9630, 10 F.R. 12245, 3 C FR, .1945 Supp., EQ. 9919,13 F!R. 59, 3 CFR, 1948 Supp.)

LORING K. MACY,Director, Bureau o1 Foreign Commerce.

[P.R. Doc. 60-7155; Filed, Aug. 4, 1960; 8:45 am.l

Title 17-COMMODITY ANDSECURITIES EXCHANGES

Chapter l-Securities and ExchangeCommission

PART 274-F O.R M S PRESCRIBEDUNDER THE INVESTMENT COM-PANY ACT OF 1940

Annual Report Form for Small Busi-ness Investment Companies

§ 274.5 Form N-5R, Form for annualreports of small business investmentcompanies under the InvestmentCompany Act of 1940 and the Secu-rities Exchange Act of 1934.

(a) The Securities and ExchangeCommission has adopted a form' forannual reports required to be filed withthe Commission by small business in-vestment companies licensed under theSmall Business Investment Act of 1958."The form was adopted pursuant to theInvestment Company Act 'of 1940, par-ticuarly section 38(a) thereof, and theSecurities Exchange Act of 1934, particu-larly section 23(a) thereof. A prelimi-nary draft of the form was publishedJune 22, 1960.

(b) Small business investment com-panies registered under the InvestmentCompany Act of 1940 are required by sec-tion 30(a) of that Act to file annual re-ports with the Commission. Any suchcompany which has securities listed andregistered on a national securities ex-change or which has registered a certain

3, amount of securities under the Securities3 Act of 1933 is required to file similar

annual reports pursuant to section 13 or15(d) of the Securities Exchange Act of1934. The new form is a combinationform which will enable a small businessinvestment company to file with the.Commission a single annual report meet-ing all of the above-mentioned annualreporting requirements. This form per-mits such companies to meet the Com-mission's requirements as to financialstatements by filing copies of the com-pany's annual financial report to theSmall Business Administration pursuantto the Small Business Investment Actof 1958.'

(c) Rule 30a-1 under the InvestmentCompany Act of 1940 provides that an-nual reports of registered investmentcompanies shall be filed not more than120 days after the close of the fiscal year.Since small business investment com-panies have a fiscal year ending on March -31, their annual reports would ordinarilybe due on or before July 29. Inasmuchas the period for filing the initial annualreports of such companies due July 29,1960, has expired, the period for filingsuch initial reports has been extended toAugust 31, 1960.

(d) In order that the new form may beavailable for immediate use by any com-pany desiring to do so, the foregoing ac-

'Filed as part of original document.

7368


tion shall become effective upon publica-tion August 1, 1960.

By the Commission.

[SEAL]

AUGUST 1, 1960.

ORVAL L. DuBois,Secretary.

[P.R. Doc. 60-7271; Filed, Aug. 4, 1960;8:45 a.m.]

Title 21-FOOD AND DRUGSChapter I--Food and Drug Adminis-

tration, Department of Health, Edu-cation, and Welfare

SUBCHAPTER B-FOOD AND FOOD PRODUCTS

PART 120-TOLERANCES AND EX-EMPTIONS FROM TOLERANCESFOR PESTICIDE CHEMICALS IN ORON RAW AGRICULTURAL COM-MODITIES

Tolerances for Residues of 6,7,8,9,10,10-H exach loro-1,5,5a,6,9,9a-Hexa hydr.o-6,9-Methano-2,4,3-Benzodioxathiepin-3-Oxide

A petition was filed with the Food andDrug Administration by Niagara Chemi-cal Division, Food Machinery and Chem-ical Corporation, Middleport, New York,requesting the establishment of toler-ances for residues of 6,7,8,9,10,10-hex-achloro-1,5,5a,6,9,9a-hexahydro-6,9-me-thano-2,4,3-benzodioxathiepin-3-o x i d ein or on peaches and strawberries. Therequest f6r a tolerance on peaches waslater withdrawn and the tolerance levelrequested on strawberries was increasedfrom 1.5 to 2 parts per million.

The Secretary of Agriculture has cer-tified that this pesticide chemical is use-ful for the purposes for which a toleranceis being established.

After consideration of the data sub-mitted in the petition and other relevantmaterial which show that the toleranceestablished in this order will protect thepublic health, and by virtue of the ai-thority vested in the Secretary of Health,Education, and Welfare by the FederalFood, Drug, and Cosmetic Act (see. 408(0 (2), 68 Stat. 512; 21 U.S.C. 346a(d)(2)) and delegated to the Commissionerof Food and Drugs by the Secretary (21CFR 120.7(g)), the regulations for tol-erances for pesticide chemicals in or onraw agricultural commodities (21 CFRPart 120) are amended as indicatedbelow:

§ 120.3 [Amendment]

1. Section 120.3 Tolerances for relatedpesticide chemicals, is amended as fol-lows:

a. Paragraphs (a) and (b) are amend-ed by changing the words "chlorinatedh: drocarbons" to read "chlorinated or-ganic compounds".

b. Paragraph (e) (4) is amended toread:

(4) The following are members of theclass of chlorinated organic compounds:

and by inserting after the item "Diel-drin" the following item:

FEDERAL REGISTER

6,7,8,9,l0,10-Hexachloro-1,5,5a,6,9,ga-hexahy-dro-6,9-methano-2,4,3-benzodioxathiepln-3-oxide.2. Part 220 is further amended by add-

ing the following new section:

§ 120.182 Tolerance for residues of6,7,8,9,10,10 - hexachloro - 1,5,5a,6,9,9a - hexahydro - 6,9-methano-2,4,3-benzodioxathicpin-3-oxide.

A tolerance of 2 parts per million isestablished for residues of 6,7,8,9,10,10-hexachloro- 1,5,5a,6,9,9a-hexahydro-6,9-methano-2,4,3 - benzodioxathiepin-3-ox-ide in or on strawberries.

Any person who will be adversely af-fected by the foregoing order may at anytime prior to the thirtieth day from thedate of its publication in the FEDERALREGISTER file with the Hearing Clerk, De-partment of Health, Education, and Wel-fare, Room 5440, 330 Independence Ave-nue SW., Washington 25,. D.C., written

-objections thereto. Objections shallshow wherein the person filing will beadversely affected by this order andspecify with particularity the provisionsof the order deemed objectionable andthe grounds for the objections. If a* hearing is requested, the objections muststate the issues for the hearing. A hear-ing will be granted if the objections aresupported by grounds legally sufficient tojustify the relief sought. Objections maybe accompanied by a memdrandum orbrief in support thereof. All documentsshall be filed in quintuplicate.

Effective date. This order shall be ef-fective upon publication in the FEDERALREGISTER.

(Sec. 408(d) (2), 68 Stat. .512; 21 U.S.C. 346a(d) (2))


[SEAL] GEO. P. LARRICK,Commissioner of Food and Drugs,


Chapter II-Bureau of Narcotics,

Department of the Treasury

PART 304-ADJUDICATION ANDLICENSING PROCEDURE

CROSS REFERENCE: For order proclaim-ing and making effective the findings ofthe Secretary of the Treasury with re-gard to certain drugs having addiction-forming or addiction-sustaining liabilitysimilar to morphine, see Proclamation3362, Title 3, Chapter I, supra.

Title 38-PENSIONS, BONUSES,.AND VETERANS' RELIEF

Chapter I-Veterans Administration

PART 6-UNITED STATES GOVERN-MENT LIFE INSURANCE

PART 8-NATIONAL SERVICE LIFEINSURANCE'

Dividends

1. In § 6.95, paragraph (g) Is amendedto read as follows:

7369

§ 6.95 How paid.

(g) At the written request of the in-sured, United States Government lifeinsurance regular annual dividends maybe left to accumulate on deposit at in-terest which will be credited annually atsuch rate as the Administrator may de-termine, but a rate never less than 31/2percent: Provided, That the policy is inforce on a basis other than extendedterm insurance or 5-year level premiumterm insurance. Dividend credit of the-insured held for payment of premiumsor dividends left to accumulate on de-posit may be applied to the paymentof premiums in advance upon writtenrequest of the insured made before de-fault in payment of a premium. Divi-dends on deposit under the provisionsof this paragraph will be used in addi-tion to the reserve on the policy for thepurpose of computing the period of ex-tended term insurance or the amountof paid-up insurance as provided in§§ 6.105 and 6.110, respectively. Any div-idend credit of a person who no longerhas insurance in force by payment orwaiver of premiums will be paid in cashto such person. If a person has a divi-dend credit option on a lapsed 5-yearlevel premium term policy or a perma-nent plan policy on which extended terminsurance has expired and such personhas another policy in force by paymentor waiver of premiums, any dividendcredit or unpaid dividends on the lapsedpolicy, in the absence of instructionsfrom the insured to the contrary., will betransferred to the policy which is in forceand will be held on such policy as adividend credit. Such dividend creditwill be deemed to have accrued on thepolicy which is in force. Upon maturityof the policy, any dividend on deposit,any unpaid dividend payable in cash, andany dividend credit accruing from suchpolicy which cannot be used to pay pre-miums as provided in section 746 of Title38, United States Code, will be paid to theperson currently entitled to receive pay-ments under the policy. If the policy isnot in force at death, any such unpaiddividends and dividend credits will bepaid to the insured's estate. *

2. In § 8.26, paragraph (g) is amendedto read as follows:§ 8.26 How paid.

(g) At the written request of the in-sured, National Service life insurancedividends may be left to accumulate ondeposit at interest which will be creditedannually at such rate as the Adminis-trator may determine: Provided, Thateffective April 1, 1953, interest will becomputed and credited only on thebalance of dividend deposits remainingas of the date preceding the anniversarydate of the policy: Provided further,That the policy is in force on a basisother than extended term insurance orlevel premium term insurance. Dividendcredit of the insured held for payment ofpremiums or dividends left to accumulateon deposit as provided in this paragraphmay be applied to the payment of pre-miums in advance upon written requestof the insured made before default in

7370

payment of a premium. Dividends ondeposit under the provisions of this para-graph will be used in addition to the re-serve on the policy for the purpose ofcomputing the period of extended terminsurance or the amount of paid-up in-surance as provided in §§ 8.29 and 8.30,respectively. Any dividend credit of aperson who no longer has insurance inforce by payment or waiver of premiumswill be paid in cash to such person. If,a person has a dividend credit option ona lapsed level premium term policy or apermanent plan policy on which ex-tended term insurance has expired andsuch person has another policy in forceby payment or waiver of premiums, anydividend credit or unpaid dividends onthe lapsed policy, in the absence of in-structions from the Insured to the con-trary, will be transferred to the policywhich is in force and will be held on suchpolicy as a dividend credit. Such divi-dend credit will be deemed to have ac-crued on the policy which is in force.Upon maturity of the policy, any divi-dend on deposit, any unpaid dividendpayable in cash, and any dividend creditaccruing from such policy which cannotbe used to pay premiums will be paid tothe person currently entitled to receivepayments under the policy. If the policyis not in force at death, any such unpaiddividends and dividend credits will bepaid to the insured's estate.(72 Stat. 1114: 38 U.S.C. 210)

These regulations are effective August5, 1960.

[SEAL] ROBERT J. LAMPHERE,

Associate Deputy Administrator.[FP.. Doc. 60-7295; Filed, Aug. 4, 1960;

8:47 a.m.]

Title 47-TELECOMMUNICATIONChapter I-Federal Communications

Commission[FCC 60-975]

PART 1-PRACTICE AND PROCEDURE

Certain Standard BroadcastApplications

At a session of the Federal Communi-cations Commission held at its offices inWashington, D.C., on the 29th day ofJuly 1960;

It appearing that § 1.351 of the Com-mission's rules provides for defermentof action on designated categories of ap-plications for standard broadcast facili-ties on clear channel frequencies; and

It further .appearing that prior toSeptember 18, 1959, when the Commis-sion concluded its initial Daytime Sky-wave proceeding (Docket No. 8333), the."freeze" on the processing of certaincategories of applications for standardbroadcast facilities on clear channels astheretofore provided in § 1.351 of therules was contingent upon conclusion ofDocket No. 8333; and that in Orders re-leased September 22, 1959 (FCC 59-971)and October 30, 1959 (FCC 59-1111) theCommission noted that the clear chan-nel frequencies listed in § 1.351 wererelevant also to the clear channel pro-


eeding (Docket No. 6741), and revisedthe "freeze" provision of § 1.351 to pro-vide that specified categories of standardbroadcast applications on the clear chan-nels would be withheld pending con-clusion of the proceeding in Docket No.6741; and

It further appearing that it is desir-able to eliminate distinctions in § 1.351between stations operating day and nightwith the same radiation characteristicsand stations operating day and nightwith different characteristics, whichwere pertinent to the Daytime Skywaveproceeding (Docket No. 8333) but whichare not pertinent to possible clear chan-nel reallocations in Docket No. 6741; and

It further appearing that the presentpolicy of deferring action on applicationsfor station assignments which. couldprejudice the implementation of clearchannel reallocations now being consid-ered in Docket No. 6741 can be clarifiedby a revision of § 1.351; and

It further appearing that preservationof due latitude in making clear channelreallocations in Docket No. 6741 doesnot necessitate deferring action on ap-plications for standard broadcast facili-ties outside the forty-eight continentalstates on clear channel fl'equencies; and

It further appearing that the changesadopted herein are procedural in nature;that some of them remove previous re-strictions on processing of applications;that those which extend the categoriesof applications to be held without actionpending a decisi-n in Docket No. 6741 arenecessary at this time to avoid prejudiceto clear channel reallocation now underconsideration in Docket No. 6741; andthat for these reasons the public noticeprocedure and effective date notification,otherwise required by section 4 of theAdministrative Procedure Act, are un-necessary; and the amendments may be-come effective immediately; and

It further appearing that authorityfor the action taken herein is found insections 4(i) and 303 of the Communica-tions Act of 1934, as amended;

It is ordered, That, effective August 2,1960, § 1.351 of the Commission's rulesis amended to read as stated below.(See. 4, 48 Stat. 1066, as amended; 47 U.S.C.154. Interprets or applies sec. 303, 48 Stat..1082, as amended; 47 U.S.C. 303)

Released: August 2, 1960.

FEDERAL COMMUNICATIONSCOMMISSION,

[SEAL] BEN F. WXPLE,Acting Secretary.

Section 1.351 Is amended to read asfollows:

§ 1.351 Standard broadcast applicationson which action will be withheldpending conclusion of the proceed-ing in Docket No. 6741.

(a) The following types of applica-tions proposing operation within thecontinental United States on the fre-quencies listed in paragraph (c) of thissection will be accepted for filing if theyconform with the requirements of Part 3of this chapter, but will be held withoutaction pending a decision in the ClearChannel proceeding (Docket No. 6741):

(1) New stations.

(2) Changes of frequency.(3) Increased power.(4) Major changes of antenna radia-

tion pattern.(5) Change of station location involv-

ing a substantial change in transmitterlocation.

(b) Action will not be withheld on ap-plications for facilities in Alaska, Hawaii,Puerto Rico, and the Virgin Islands.

(c) The clear channel frequencies towhich paragraph (a) of this section ap-plies are:. (1) Class I-A frequencies:

(2) Class I-B frequencies:

680710810850

[F.R. DoC.

1000 1080 11401030 1090 11701060 1110 11901070 1130

60-7307; Filed, Aug. 4, 1960;8:48 a.m.]

[FCC 60-9811

PART 1-PRACTICE ANDPROCEDURE

PART 61-TARIFFS

PART 62-APPLICATIONS TO HOLDINTERLOCKING DIRECTORATES

PART 63-EXTENSION OF L I N E SAND DISCONTINUANCE OF SERV-ICE BY CARRIERS

Oath or Affirmation on ApplicationAt a session of the Federal Communi-

cations Conimission held at its offices inWashington, D.C., on the 29th day ofJuly 1960;

The Commission having under con-sideration:

(1) Provisions in its rules and regu-lations requiring an oath or affirmationon applications, amendments thereto,and supplemental information submittedin connection therewith, filed underTitle II of the Comunications Act of1934, as amended:

(2) Title 18, United States Code, sec-tion 1001 providing that willful falserepresentations or concealments con-cerning any matter within the jurisdic-tion of any department or agency of theUnited States shall be subject to fine orimprisonment, or both;(3) Amendments to the Communica-tions Act proposed by the Commissionfor the 86th Congress, 1st Session elim-inating the requirement of an oath oraffirmation In certain reports and appli-cations filed with the Commission pur-suant to sections 219, 308 and 319 of theCommunications Act;

It appearing that the CommunicationsAct does not require the filing of appli-cations under Title II under oath oraffirmation; and that the provisions inthe rules and regulations requiringverification of such applications, amend-ments thereto, and supplemental in-


formation submitted in connectiontherewith, impose a burden on the appli-cants and delay consideration by theCommission of the matters involvedwhen applicants omit the required oathor affirmation, resulting in inconvenienceand delay to the public;

It further appearing that the elimina-tion of the oath or affirmation require-ment for applications filed under Title IIof the Communications Act would notadversely affect the public interest inview of the aforementioned provision ofTitle 18, United States Code; and thatelimination of such requirement will bestconduce to the proper dispatch of theCommission's business and to the endsof justice;

It further appearing that the amend-ments adopted herein pertain to Com-mission practice and procedure and,hence, that compliance with the publicnotice, procedural, and effective date re-quirements of section 4 of the Admin-istrative Procedure Act is unnecessary;

It is ordered, That pursuant to sections4(i) and 201(b) of the CommunicationsAct, Parts 1, 61, 62 and 63 of the Com-mission's rules and regulations 'areamended, effective August 15, 1960, asshown below.(See. 4, 48 Stat. 1066, as amended, 47 U.S.C.154. Interprets or applies sec. 201, 48 Stat.1070, 47 U.S.C. 201)



[SEAL] BEN F. WAPLE,Acting Secretary.

I. Part 1 is amended as follows:


1. Section 1.442 is revised by desig-nating the former single paragraph asparagraph (a) and by adding paragraph(b) as follows:

(b) Applications or amendmentsthereto under Title II of the Communi-cations Act need not be verified (or af-firmed) but shall otherwise comply withthe requirements of this section. Will-ful false representations or conceal-ments can be punished by fine or im-prisonment. (See U.S. Code, Title 18,section 1001.)


2. Section 1.443 is revised by changingparagraph (a) to read as follows:

(a) .Any application not designatedfor hearing may be amended at any timeby the filing of subscribed and verified(or affirmed) amendments in the samemanner, and with the same number ofcopies, as was the initial application.Amendments to applications under TitleII need not be verified (or affirmed).

3. Section 1.444 is revised to read asfollows:

§ 1.444 Additional statements.The Commission may require an ap-

plicant to submit such additional docu-ments and written statements of fact,subscribed and verified (or affirmed), asin its judgment may be necessary. Anyadditional documents and written state-ments of fact required in connection

with applications under Title II of theCommunications Act need not be veri-fied (or affirmed).

II. Part 61 is amended as follows:

§-61.33 [Amendment]1. Section 61.33, paragraph (a), is re-

vised by deleting the last sentence, read-ing "(Here append verification in caseany change results in increasedcharges.)"


2. Section 61.134 is revised by deletingfrom the "Revocation Notice" the linereading "Attest: ................


3. The "Concurrence" form in § 61.136,paragraph (a), is revised to read asfollows:

CONCURRENCE

F.C.C. Concurrence No .......(Capcels F.C.C. Concurrence No . --------

(Name of Carrier ----------------(Post Office Address ----------------------- -------------------, 19_.

.(Date)TO THE FEDERAL COMMUNICATIONS COMMIS-

SION,. Washington, D.C.This is to report that the

(Name of carrier)hereinafter called the concurring carrier,assents to, adopts, and concurs in the trariffsdescribed below, and hereby makes itself aparty thereto and hereby obligates itself(and its connecting carriers) to observe eachand every provision therein .until this au-thority is revoked by formal and officialnotice of revocation filed with the FederalCommunications Commission and deliveredto the issuing carrier.

This concurrence applies to interstate(and foreign) wire (and radio) communica-tion:

1. Between the different points on the con-curring carrier's own system;

2. Between all points on the concurringcarrier's own system and the systems of itsconnecting carriers, as defined in Section3(u) of the Communications Act of 1934;and

3. Between all points on the system of theconcurring carrier and the systems of itsconnecting carriers on the one hand, and allpoints on the system of the carrier issuingthe tariff or tariffs listed below and the sys-tems of Its connecting carriers and othercarriers with which through routes havebeen established on the other hand.

(NOTE: Any of the above numbered para-graphs may be omitted or the wordingthereof may be modified to indicate definitelythe-points to or from which the concurrenceapplies.)

TARIFF

(Here give the exact description of tariffor tariffs concurred in by carrier, F.C.C. num-ber, title, date of issue, and date effective.Example: A.B.C. Communications Company,F.C.C. No. 1, Interstate Telegraph MessageService, Issued January 1, 1939, EffectiveJanuary 31, 1939.)

Cancels F.C.C. Concurrence No . .-------effective ---------------------- ,19

(Name of Concurring Carrier)

By

(Title)

4. Section 61.137 is revised to read asfollows:

§ 61.137 Construction, filing.Every instrument of concurrence and

notice of revocation thereof shall be pre-

pared and plainly printed on hard-calendered No. 1 machine-finished bookor 20-pound bond paper of durable qual-ity and of size 81/2 by 11 inches. Stereo-type, planograph, mimeograph or otherprocess equally durable may be used, pro-vided that all copies are clear and legiblein all respects. Reproductions by hecto-graph, typewriter or similar process shallnot be used. Copies shall be delivered tothe issuing carrier in whose favor suchconcurrence or notice is issued and twocopies shall be filed with the Commissionas provided in § 61.135. Every copy filedwith the Commission shall be signed bythe person, persons, or officer executingthe concurrence or notice. Every carriershall number its concurrences consecu-tively from No. 1, keeping such numbersin a series separate and distinct fromFCC numbers of tariffs. Except as other-wise provided in §§ 61.134 and 61.135, aconcurrence shall bear no effective datebut shall be effective on and from thedate it is filed with the Commission.


5. In § 61.153, the "Application" formis revised by deleting the following:STATE OF

County of ----------- , ss:----------------- being first duly sworn

(or. affirmed), deposes and says that he isthe officer above named and that the factsstated in foregoing application are true ofhis own knowledge, except as to such state-ments as are therein stated on informationand belief, and' as to such statements hebelieves them to be true.

(Affiant)

Subscribed and sworn to before me this.... day of --------------------- 1 19----.

(SEAL)My commission expires

III. Part 62 is amended as follows:Section 62.23 is revised to read as

follows:

§ 62.23 Signature.

(a) The original application filed pur-suant to § 62.11 shall be signed by theindividual applicant.

(b) The original application filed pur-suant to § 62.12.shall be signed by theapplicant, if an individual, or by a dulyauthorized officer if a company* or cor-poration.

IV. Part 63 is amended as follows:


1. Section 63.64 is revised by changingthe first portion of paragraph (a) toread as follows:

(a) In the following cases a carriermay, in lieu of filing formal application,file in quintuplicate an informal requestfor authority:§ 63.65 .[Amendment]

2. Section 63.65 is revised by changingthe first portion of paragraph (a) toread as follows:

(a) Except in emergency cases (asdefined in § 63.60(b) and as provided in§ 63.63), authority to close a public tollstation in a community in which anothertoll station of the applicant will continueservice shall be requested by an informalrequest, filed in quintuplicate, making

7371


reference to this paragraph and show-ing the following:

3. Section 633.66 is revised to read asfollows:§ 63.66 Closure of or reduction of hours

of service at public telegraph officesand telephone exchanges at militaryestablishments.

Where a carrier desires to close orreduce hours of service at a public tele-graph office or a telephone exchangelocated at a military establishment be-cause of the deactivation of such estab-lishment, it may, in lieu of filing formalapplication, file in quintuplicate an in-formal request. Such request shall makereference to this section and shall setforth the class of office, address, date ofproposed closure or reduction, descrip-tion of service to remain or be substi-tuted, statement as to any difference incharges to the public, and the reasonsfor the proposed closure or reCuction.Authority for such closure or reductionshall be deemed to have been grantedby the Commission, effective as of the15th day following the date of filing ofsuch request, unless, on or before the15th day, the Commission shall notifythe carrier to the contrary.§ 63.67 [Amendment]

4. Section 63.67 is revised by changingthe first portion of paragraph (a) to readas follows:

(a) In lieu of filing formal application,a carrier may file in quintuplicate aninformal request for authority to reducehours at main offices under the followingspecified standards and conditions.§*63.68 [Amendment]

5. Section 63.68 is'revised by changingthe first portion of paragraph (a) to readas follows:

(a) In lieu of filing formal application,a carrier may file in quintuplicate aninformal request for authority to reducehours at branch offices under the follow-ing specified standards and conditions:§ 63.70 [Amendment]

6. Section 63.70 is revised by changingthe first portion of paragraph (a) to readas follows:

(a) In lieu of filing a formal applica-tion, the carrier may file in quintuplicatean informal request for authority to re-duce the hours of service of a public coaststation under the following specifiedstandards and conditions:§ 63.90 [Amendment]

7. Section 63.90 is revised by changingparagraph (e) to read as follows:

(e) When the posting, publication,and notification as required in para-graphs (a), (b), (c) and (d) of this sec-tion have been completed, applicant shallreport such fact to the Commission,stating the name of the newspaper inwhich publication was made, the nameof the Commissions notified, and thedates of posting, publication, andnotification.[F.R. Doc. 60-7308; riled, Aug. 4, 1960;

8:48 a.m.]

[EM-60; FCC 60-964] provide for a valid relaxation of themany and varied record keeping burdens

PART 11-INDUSTRIAL RADIO which licensees must support. Any re-SERVICES laxation, however, must be consonant

with our task of maintaining order inMemorandum Opinion and Order the use of radio facilities.1. The Commission has before it for (4) Petitioner has pointed out to our

consideration a Petition for certain rules satisfaction an analogy between the sub-amendments filed on October 3, 1958, by stantial similarity of operations of mov-the Central Committee on Radio Facili- able base stations and mobile stationsties of the American Petroleum Institute. thus warranting an extension of the ex-In the Petition, it is requested (1) that. emption which presently applies to§ 11.160 (c) and (d) be amended to elim- mobile stations insofar as logging orinate certain requirements relating to maintaining a record of transmissionsstation records as applicable to base sta- and other data is concerned, to movabletions situated at temporary locations; 1. base stations and also to operationaland (2) that § 11.65 be amended to delete fixed stations which may have been au-the requirement of notifying the Engi- thorized to operate at temporary loca-neer in Charge of each Radio District tions. Our conclusion in this regard iseach time a base station authorized to enhanced by the fact that a record ofoperate at temporary locations within transmissions is required to be kept bytwo or more Radio Districts is moved the fixed base station, under whose su-from one Radio District to another. pervision or control such movable sta-

2. In support of the first of the re- tions frequently operate. Therefore, inquested amendments, petitioner contends' accordance with the language of § 11.160that "these requirements impose a heavy (c) specified below, movable base andburden of detail on the operators ... a operational fixed stations authorized toburden which serves no useful purpose." operate at temporary locations will noThe petitioner further points out that longer be required to maintain recordsbecause of the similarity between the 'indicating the name or names and pe-operations of movable base stations and riods of duty of persons responsible formobile stations, and because no opera- the day-to-day operation of transmittingtional log entries are required of mobile equipment. Movable base stations, pur-stations, a similar exemption should suant to the new language contained inapply to movable base stations. With § 11.160(d) and specified below will norespect to Petitioners second request, it longer be required to maintain recordsis contended that notification to our indicating the call signs, date, time andEngineers in Charge of the Districts in- approximate duration of communicationsvolved each time a station is moved from with other" base stations or operationalone to another is superfluous, in view of fixed stations.the original notification given when the 5. Petitioner has pointed out with re-station is placed in operation for the gard to its second proposal herein thatfirst time. Moreover, it is pointed out under § 11.152(e) of our present rulesthat this requirement is, for practical licensees* are permitted to use a unitCommission purposes of no value, be- designator in addition to their requiredcause most, if not all, movable base sta- call sign to identify an individual unit ortions have, in addition to the call sign transmitter of a base or fixed stationassigned by. the Commission, an addi- which has been authorized to operate attional unit designator, which -designator temporary locations. This additionalis not required to be placed on file with unit designator is not required to bethe Engineers in Charge of the Radio placed on file with the Engineer inDistricts in which such stations may be charge of the Radio Districts in whichauthorized to operate; and that, if and such stations may be authorized to op-when, a station causes interference, the erate. However, the official call sign ofCommission's field engineers cannot pin- the station must be included in the noti-point the offending station beyond its fication which a licensee makes to thecall sign of record, because the additional appropriate Engineer(s) in Charge. It isunit designator used by the station is not petitioners contention that "with thewithin the knowledge of the Engineer in advent of multiple transmitter authori-Charge. zations on a single base station license-

3. In considering Petitioners requested each having the same official call sign-changes, the Commission has found it the notification requirement of' § 11.65necessary to balance the advantages to each time such a station is moved frombe gained by licensees, should the one Radio District to another. would bechanges be adopted, against any possible superfluous, provided the Engineer inand detrimental mitigation or compro- Charge of each Radio District has al-mise of the purposeful supervision which ready been notified when such stationsthis Commission must, by statute, exer- have first been put into operation."cise over radio licensees. Moreover, be- Moreover, "* * * when such stationscause the matters under consideration move from one Radio District to another,affect all the Radio services within the even if notified of the move, the EngineerIndustrial Radio Service, and not just the in Charge cannot specifically pinpointPetroleum Radio Service, it has been nec.- which movable base station of a licensee,essary to consider, in depth, the applica- whose call sign is already on record, isbility of the proposed changes to these causing interference because the Engi-other Services. This Commission has neer' does not have knowledge of thealways lent an attentive ear to proposals additional unit designator." In consid-which would in some acceptable fashion ering this matter, the Commission has

the alternative of deleting that portion ofI Also referred to as movable base stations. § 11.65 -which requires that notification


be given each time a Base or OperationalFixed Station is moved from District toDistrict, in accordance with Petitionersrequest; or of amending the subject rulesuch that it will become meaningful orpurposeful and not "superfluous" as hasbeen shown. The latter could easily beaccomplished by requiring that Engineersin Charge be notified of the additionalunit designators used by a licensee in itssystem, each time that a station is infact moved. However, the Commission isof the view that its regulatory or super-visory powers will not be hampered ifthe present notice requirements of § 11.65are, to a limited degree, relaxed. Tothis end the Commission has deleted the.present text of § 11.65 and inserted newlanguage which will in effect require thatEngineers in Charge of the Districtswherein a licensee proposes to tempo-rarily operate base or operational fixedstations shall be notified of such opera-tion only when the initial or modifiedauthorization for such operation shallhave been issued by the Commission.Licensees will therefore be relieved ofonerous reporting requirements while atthe same time the. Commission's Field,Offices will be relieved of the burdensomeand purposeless task of charting thewhereabouts of various and sundry mov-able base or operational fixed stations.By requiring notification initially, theCommission's Field Engineers will be onnotice that certain stations may at onetime or another be operating within theirrespective districts. Armed with this

* knowledge, and such information as maybe obtained from monitoring, the Com-mission's Engineers should be able toidentify at least as well as is presentlypossible, any station operating outsideof the scope of our rules and regulations.The Commission desires to point outhowever, that the relaxation herein or-dered, in no way authorizes operation ofmovable base stations in areas beyondor outside that specified in the stationauthorization.

6. The Commission has considered pe-titioners proposed rules changes in ref-

No. 152-4

FEDERAL REGISTER

erence to their applicability to thatservice with which petitioner is mostintimately concerned, viz the PetroleumRadio Service, and also with referenceto the other services within the Indus-trial Radio Services which would beaffected by the adoption of the rulesproposed. It appears that the problemwhich gave rise to the submission of thepetitioner's requests is one that is notpeculiar to the Petroleum Radio Service.Indeed, other licensees within other in-dustrial services, operating base stationsat temporary locations have encounteredsimilar if not identical difficulties inmaintaining operating logs and followingthe Commission's notification proce-dures. In our consideration of thesematters we have attempted td discernany possible adverse impact which gen-eral applicability of the proposed rulesmight have upon services other than thePetroleum Radio Service. We are per-suaded that the relaxation to be effectedby adoption of the proposed rules on a-basis of applicability to all serviceswithin the Industrial Radio Services willnot result in any adverse impact uponthem or others. Nor will it result in anyuntoward compromise of our supervisorycontrol over licensees. In view of thefact that the changes contemplated willresult in no adverse impact upon li-censees in any of the Industrial RadioServices, and because they raise no con-troversial issues of significance to thepublic, the rule amendments orderedherein are considered to be minor in na-ture and compliance with the PublicNotice and procedures of section 4 of theAdministrative Procedure Act is notnecessary.

7. Authority for the amendments or-dered herein is contained in sections4(i) and 303 of the Communications Actof 1934, as amended. Because they re-lieve restrictions, the effective date of theamendments need not be delayed for the30-day period specified in section 4 (c) ofthe Administrative Procedure Act.

8. In view of the foregoing., It isordered, This 27th day of July 1960, ,(a)that the Petition for Rule Amendments,filed on October 3, 1958, by the Cen-tral Committee on Radio Facilities ofthe American Petroleum Institute, isgranted; and (b)- that effective August 9,1960, Part 11 of the Commission's rulesis amended in the manner set forthbelow.

.Released: August 2, 1960.



Part 11 is amended as follows:* 1. Section 11.65 is revised to read:

§ 11.6 Report of temporary location.

The Engineer-in-Charge of each RadioDistrict wherein temporary operation bya Base Station or Operational Fixed Sta-tion is authorized shall be notified ofsuch inter-District operating authorityonly at such time as the initial or modi-fied authorization for such operation isgranted by the Commission.

2. Section 11.160 (c) and (d) are re-vised to read:

§ 11.160 Station records.

(c) For base stations and operationalfixed stations only, excepting stationsauthorized to operate at temporary loca-tions, the name or names of persons re-sponsible for the operation of transmit-ting equipment each day, together withthe period of their duty.

(d) For base stations only, exceptingbase stations authorized to operate attemporary locations, when they com-municate with other base stations orwith operational fixed stations:

(1) Call signs of other stations; and(2) Date, time, and approximate du-

ration of each transmission.


7373

Proposed Rule MakingDEPARTMENT OF HEALTH, EDU-

CATION, AND WELFAREFood and Drug Administration

[21 CFR Part 121 3FOOD ADDITIVES

Notice of Filing of PetitionPursuant to the provisions of the Fed-

eral Food, Drug, and Cosmetic Act (sec.409(b) (5), 72 Stat. 1786; 21 U.S.C. 348(b) (5)), notice is given that a petitionhas been filed by Atlas Powder Company,Wilmington 99, Delaware, proposing theissuance of a regulation to provide forthe use of sorbitan monostearate andpolyoxyethylene (20) sorbitan mono-stearate as emulsifiers in cake mixes andcakes, as follows:

In cake mixes:Sorbitan monostearate, not to exceed

6,100 parts per million (0.61 percent) ;Polyoxyethylene (20) sorbitan mono-

stearate, not to exceed 4,600 parts permillion (0.46 percent) ;

provided that, if used in combination, thetotal does not exceed 6,600 parts per mil-lion (0.66 percent) on a dry-weight basis.

In finished cakes:Polyoxyethlene (20) sorbitan mono-

stearate, not to exceed 4,600 parts permillion (0.46 percent) on a dry-weightbasis.


[SEAL] J. K. KIRK,Assistant to the Commissioner

of Food and Drugs.[F.R. Doc. 60-7284; Filed, Aug. 4, 1960;

8:47 a.m.]

DEPARTMENT OF AGRICULTURE54.3Agricultural Marketing Service 54.4

[7 CFR Part 54]

DOMESTIC RABBITS AND EDIBLEPRODUCTS THEREOF

Grading and Inspection; United StatesSpecifications for Classes, Stand-ards, and GradesNotice is hereby given that the United

States Department of Agriculture is con-sidering a revision of the regulationsgoverning the grading and inspection ofdomestic rabbits and edible productsthereof and United States specificationsfor classes, standards, and grades withrespect thereto (7 CFR Part 54, asamended) issued pursuant to the author-ity contained in the Agricultural Mar-keting Act of 1946 (60 Stat. 1087, asamended; 7 U.S.C. 1621 et seq.).

The proposed revision would Imple-ment Public Law 272, 84th Congress, 1stSession, approved August 9, 1955, amend-

7374 •

Ing the aforesaid act, by designating thecertificates, memoranda, marks andother identifications and devices formaking such marks or identifications,with respect to inspection, class, grade,quality, size, or condition, that are offi-cial for the purposes of said act; requirelicensed graders to be Federal or Stateemployees; provide for limited licensedgraders; provide for rejection of any ap-plication for grading or inspection serv-ice by the Administrator whenever theapplicant fails to meet the requirementsof the regulations or commitments con-cerning the inauguration of the service;and set forth prohibited acts in connec-tion with employees of the Service asgrounds for denial of service. In addi-tion, the revision would strengthen theprovisions relating to unauthorized useof official identification marks and wouldmake minor changes in some provisionsof the sanitary requirements and inspec-tion procedures to make them consistentwith the requirements issued in the reg-ulations governing voluntary poultryinspection.

All persons who desire to submit writ-ten data, views, or arguments in connec-tion with this revision should file thesame in triplicate with the Chief of theStandardizati6n and Marketing PracticesBranch, Poultry Division, AgriculturalMarketing Service, United States Depart-ment of Agriculture, Washington 25,D.C., not later than 15 days after publi-cation hereof in the FEDERAL REGISTER.

The proposed revision is set forthbelow:

Subpart A-Grading and Inspection of DomesticRabbits and Edible Products Thereof

GENERAL

Definitions.Designation of official certificates,

memoranda, marks, other identi-fications, and devices for purposesof the Agricultural Marketing Act.

Administration.Grading and inspection services

available.

BASIS OF SERVICE

Inspection service.Grading service.Eligibility.Supervision.Authority to waive provisions of

§ 54.12.

PERFORMANCE OF SERVICES

Licensed graders and inspectors.Suspension of license or authority;

revocation.Surrender of license.Identification.Financial interest of inspectors and

graders.Political activity.

APPLICATION FOR GRADING SERVICE OR

INSPECTION SERVICE

Who may obtain grading service .orinspection service.

How application may be made.Filing of application.Authority of applicant.

54.1054.1154.1254.1354.14

54.2054.21

54.2254.2354.24

54.25

54.30

54.3154.3254.33

54.34 Application for Inspection service orgrading service in official plants;approval.

54.35 Rejection of application.54.36 Withdrawal of application.54.37 Order of service.54.38 Suspension of plant approval.

VIOLATIONS

54.45 Denial of service.54.46 Misrepresentation; d e c e p t I v e or

fraudulent acts or practices.54.47- Use of facsimile forms.54.48 Wilful violation of the regulations.54.49 Interfering with a grader, inspector

or employee of Service.54.50 Misleading labeling.54.51 Miscellaneous.

OTHER APPLICABLE REGULATIONS

54.53 Other applicable regulations.PUBLICATIONS

54.55 Publications.

IDENTIFYING AND MARKING PRODUCTS

54.60 Approval of official identification.54.61 Products that may be individually

grade marked: information re-quired on grade mark.

54.62 Use of grade mark and inspectionmark with respect to the sameproduct.

54.63 Marking inspected products.

SUPERVISION OF MARKING AND PACKAGING

54.70 Evidencq of label approval.54.71 Affixing of official identification.51.72 Packaging.54.73 Retention labels.54.74 Prerequisites to grading and inspec-

tion.54.75 Accessibility of products.54.76 Time of grading or inspection in an

official plant.

REPORTS

54.90 Report of, inspection work and grad-ing work.

54.91 Information to be furnished to in-spectors and graders.

54.92 Raports of violations.

FEES AND CHARGES

54.100 Payment of fees and charges.54.101 Grading service on a fee basis.54.102 Fees for appeal grading.54.104 Inspection service on a fee basis.54.105 Fees for additional copies of grading

certificates and inspection certifi-cates.

54.106 Traveling expenses and other charges.54.107 Inspection performed on a resident

inspection basis.54.108 Grading performed on a resident

grading basis.54.109 Fees for grading service or inspection

service performed under coopera-tive agreement.

54.110 Disposition of fees for inspectionsmade under cooperative agreement.

54.111 Charges and other provisions whereapplication is in effect duringseason of no operation.

INSPECTION PROCEDURES; ANTE MORTEMINSPECTION

54.120

54.12154.122

Manner of handling products in anofficial plant.

Ante mortem inspection.Condemnation on ante mortem in-

spections.


Sec.54.123 Segregation of suspects on ante mor-

tem inspection. -

54.124 Quarantine of diseased domesticrabbits.

POST-MORTEMI INSPECTION54.125 Evisceration.54.126 Carcasses held for further examina-

tion.54.127 Condemnation and treatment of

carcasses.54.128 Certification of carcasses.

DIsPosrITON OF DISEASED DOMESTIC RABBIT

CARCASSES AND PARTS.

54.129 General.54.130 Diseases or conditions evident which

require condemnation.54.131 Decomposition.54.132 Disposal of condemned carcasses and

parts.

RENSPEcTION AND INGREDIENTS

54.133 Reinspection of edible products; in-gredients.

APPEALS

54.134 Appeal Inspections, how made.

54.14054.141

54.142

54.143

54.144

INSPECTION CERTIFICATES

Forms of'inspection certificates.Issuance and disposition of domestic

rabbits inspection certificates.Food product inspection certificates;

issuance and disposition.Export certificates; issuance and dis-

position.Advance information.

GRADING

54.150 General.54.152 Ready-to-cook domestic rabbits.

BASIS OF ACCEPTABILITY OF OTHER OFFICIAL

INSPECTION SYSTEMS

54.16054.161

54.162

General.Requirements as to manner of in-

spection.Determining compliance with § 54.-

161.

GRADING CERTIFICATES

54.170 Forms.54.171 Issuance and disposition.54.172 Advance information.

APPEAL GRADING

54.19054.19154.19254.193

54.194

54.195

54.196

54.197

54.198

Application for appeal grading.How to obtain appeal grading.Record of filing time.When an application for an appeal

grading may be refused.When an application for appeal

grading may be withdrawn.Who shall perform the appeal grad-

ing.Appeal grading by immediate supe-

rior.Order of performance of appeal

gradings.Appeal grading certificates.

SUPERSEDED CERTIFICATES

54.205 Superseded certificates.

SANITARY REQUIREMENTS

GENERAL

54.210 Minimum standards for sanitation,facilities, and operating proceduresIn official plants.

BUILDINGS AND PLANT FACILITIES

54.220 Buildings.54.221 Rooms and compartments.54.222 Floors, walls, ceilings, etc.54.223 Drainage and plumbing.54.224 Water supply.54.225 Lavatory accommodations.54.226 Lighting and ventilation,

FEDERAL REGISTER

See. Se. EQUIPMENT AND U'TENSILS

54.230 'Equipment and utensils.54.231 Accessibility.54.232 Restrictions on use.

MAINTENANCE OF SANITARY CONDITIONS ANDPRECAUTIONS AGAINST CONTAMINATION OFPRODUCTS

54.240 General.54.241 Cleaning of rooms and compart-

ments.54242 Cleaning of equipment and utensils.54.243 Operations and procedures.54.244 Temperatures and cooling and freez-

ing procedures.54.245 Vermin.54.246 Exclusion of diseased persons.54.247 Table showing types of materials.

Subpart B--United States Standards for DomesticRabbits and Edible Products Thereof

U.S. SPECIFICATIONS FOR CLASSES OF READY-To-COOK DOMESTIC RABBITS

54.260 General.54.261. Fryer.54.262 Roaster.

U.S. SPECIFICATIONS M'R STANDARDS OF QUALITYFOR INDIVIDUAL READY-To-CooK DOMESTICRABBITS

GENERAL54.270 General.

STANDARDS OF QUALITY

54.275 A Quality.54.276 B Quality.54.277 C Quality.

Subpart C-Forms, Instructions and ApplicationsFORMS OF OFFICIAL IDENTIFICATION

54.280 Forms of official identification.54.281 Form of grade mark.54.282 Form of inspection mark.

APPLICATION FOR GRADING SERVICE

54.290 Application for grading service withrespect to domestic rabbits.

APPLICATION FOR INSPECTION SERVICE

54.291 Application for inspection of domes-tic rabbits and edible, productsthereof for condition and whole-someness.

54.292 Application for inspection of can-ning and processing of inspectedready-to-cook domestic rabbits inplants operating under Federalmeat inspection service.

Subpart A-Grading and Inspectionof Domestic Rabbits and EdibleProducts Thereof

GENERAL

§ 54.1 Definitions.

Unless the context otherwise requires,the following terms shall have the fol-lowing meaning:

"Act" means the applicable provisionsof the Ag-ricultural Marketing Act of1946 (60 Stat. 1087; 7 U.S.C. 1621 etseq.) or any other act of Congress con-ferring like authority.

"Acceptable" means suitable for thepurpose intended and acceptable to theService.

"Administrator" means the Adminis-trator of the Agricultural MarketingService of the Department or any otherofficer or employee of the Departmentto whom there has heretofore been dele-gated, or to whom there may hereafter bedelegated the authority to act In hisstead.

"Applicant" means any Interestedparty who requests any inspection serv-ice or grading service.

"Area supervisor" means any em-ployee of the Department in charge ofdomestic rabbit grading service or do-mestic rabbit inspection service in adesignated geographical area.

"Carcass" means any domestic rabbitcarcass.

"Circuit supervisor" means the officerin charge of the domestic rabbit inspec-tion service or the domestic rabbit grad-ing service in a circuit consisting of agroup of stations within an area.

"Class" means any subdivision of aproduct based on essential physical char-acteristics that differentiate betweenmajor groups of the same kind.

"Condition" means any condition, in-eluding, but not being limited to, thestate of preservation, cleanliness, orsoundness, of any product or the proc-essing, handling or packaging which mayaffect such produdt.

"Condition and wholesomeness" meansthe condition of any product, its health-fulness and fitness for human food.

"Department" means the UnitedStates Department of Agriculture.

"Domestic rabbit grading and inspec-tion service" means the personnel whoare engaged in the administration, appli-cation, and direction of domestic rabbitgrading and inspection programs andservices pursuant to the regulations inthis part.

"Edible product" means any productderived from ready-to-cook domesticrabbits.

"Grader" means any employee of theDepartment authorized by the Secre-tary, or any other individual to whom alicense has been issued by the Secretary,to investigate and certify in accordancewith the regulations in this part, theclass, quality, quantity, and condition ofproducts.

"Grading" or "grading service" means(1) the act whereby a grader determines,according to the regulations in this part,the class, quality, quantity, or conditionof any product by examining each unitthereof or each unit of the representativesample thereof drawn by a grader andissues a grading certificate with respectthereto, except that with respect to grad-ing service performed on a resident basisthe issuance of a grading certificate shallbe pursuant to a request therefor by theapplicant or the service; (2) the actwhereby the grader identifies, accordingto the regulations in this part, the gradedproduct; (3) with respect to any officialplant, the act whereby a grader deter-mines that the product in such plant wasprocessed, handled, and packaged in ac-cordance with §§ 54.210 to 54.247; and(4) any appeal grading of a previouslygraded product.

"Grading certificate" means a state-ment, either written or printed, issuedby a grader, pursuant to the regulationsin this part, relative to the class, quality,quantity, or condition. of a product.

"Identify" means to apply official iden-tification to products or to containersthereof.

"Inspected and certified" or "certified"'means, with respect to any product, that

7375

PROPOSED RULE MAKING

It has undergone an Inspection and wasfound, at the time of such inspection, tobe sound, wholesome, and fit for humanfood.

"Inspection," "inspection service" or"inspection of products for condition andwholesomeness" means any inspectionby an inspector to determine, in accord-ance with the regulations in this part,(1) the condition and wholesomeness ofdomestic rabbits, or (2) the conditionand wholesomeness of any edible productat any state of the preparation or pack-aging thereof in the official plant where,inspected and certified, or (3) the con-dition and wholesomeness of any pre-viously inspected and certified product ifsuch product has not lost its identity asan inspected and certified product.

"Inspection certificate" means a state-ment either written or printed, issued byan inspector, pursuant to the regulationsin this part, relative to the conditionand wholesomeness of products.

"Inspector" means any person who islicensed by the Secretary to investigateand certify, in accordance with the regu-lations in this part, the condition andwholesomeness of products. An inspec-tor is an employee of the Department orof a State; he may be a graduate vet-erinarian or a layman.

"Interested party" means any personfinancially interested in a transactioninvolving any inspection or grading.

"National supervisor" means (1) theofficer in charge of the domestic rabbitinspection service of the AgriculturalMarketing Service, (2) the officer incharge of the domestic rabbit gradingservice of the Agricultural MarketingService, and (3) other officers or em-ployees of the Department designated bythe officer in charge of the domestic rab-bit inspection service or domestic rabbitgrading service of the Agricultural Mar-keting Service.

"Office of grading" means the office ofany grader.

"Official plant" means one or morebuildings or parts thereof, comprising asingle plant in which the facilities andmethods of operation therein have beenapproved by the Administrator as suit-able and adequate for operation underinspection or grading service and inwhich inspection or grading is carried onin accordance with the regulations inthis part.

"Person" means any individual, part-nership, association, business trust, cor-poration, or any organized group ofpersons, whether incorporated or not.

"Potable water" means water that hasbeen approved by the State health au-thority as safe for drinking and suitablefor food processing.

"Product" means ready-to-cook do-mestic rabbits, or edible products derivedtherefrom.

"Quality" means the inherent proper-ties of any product which determine itsrelative degree of excellence.

"Ready-to-cook domestic r a b b i t"means any domestic rabbit which hasbeen slaughtered for human food, fromwhich the head, blood, skin, feet, andinedible viscera have been removed, thatis ready to cook without need of furtherprocessing. Ready-to-cook domestic

rabbit also means any cut-up or dis-jointed portion of domestic rabbit or anyedible part thereof, as described in thisparagraph.

"Regulations" means the provisions ofthis entire part and such United Statesspecifications for classes, standards, andgrades for products as may be in effectat the time grading or inspection isperformed.

"Secretary" means the Secretary of theDepartment, or any other officer or em-ployee of the Department to whom therehas heretofore been delegated, or towhom there may hereafter be delegated,the authority to act in his stead.

"Service" means the Agricultural Mar-keting Service of the Department.

"State supervisor" or "Federal-Statesupervisor" means any authorized anddesignated individual who is in chargeof the domestic rabbit grading service orthe domestic rabbit inspection service ina State. A State supervisor or a Federal-State supervisor of domestic rabbit in-spection service shall be a veterinarianand a Federal employee.

."Station supervisor" means any au-thorized individual who is designated tosupervise domestic rabbit grading serviceor domestic rabbit inspection service in alarge official plant or in a group of sev-eral small plants.

§ 54.2 Designation of official certificates,memoranda, marks, other identifica-tions, and devices for purposes of theAgricultural Marketing AcL

Subsection 203(h) of the AgriculturalMarketing Act of 1946, as amended byPublic Law 272, 84th Congress, providescriminal penalties for various specifiedoffenses relating to official certificates,memoranda, marks or other identifica-tions, and devices fo; making such marksor identifications, issued or authorizedunder section 203 of said act, and certainmisrepresentations concerning the in-spection or grading of agriculturalproducts' under said section. For thepurposes of said subsection and the pro-visions in this part, the terms listed inthis section shall have the respectivemeanings specified:

(a) "Official certificate" means anyform of certification, either written orprinted, used under this part to certifywith respect to the sampling, inspection,class, grade, quality, size, quantity, orcondition of products (including thecompliance of products with applicablespecifications).

(b) "Official memorandum" meansany initial record of findings made byan authorized person in the process ofgrading, inspecting, or sampling pur-suant to this part, any processing orplant-operation report made by an au-thorized person in connection withgrading, inspecting, or sampling underthis part, and any report made by anauthorized person of services performedpursuant to this part.

(c) "Official mark" means the grademark, inspection mark, and any othermark, or any variations in such marks,approved by the Administrator and au-thorized to be affixed to any product, oraffixed to or printed on the packagingmaterial of any product, stating that theproduct was graded or inspected or both,

or Indicating the appropriate U.S. Gradeor condition of the product, or for thepurpose of maintaining the identity ofproducts graded or inspected or bothunder this part, including but not lim-ited to, those set forth in §§ 54.281 and54.282.* (d) "Official identification" means anyUnited States (U.S.) standard designa-tion of class, grade, quality, size, quan-tity, or condition specified in this partor any symbol, stamp, label, or seal in-dicating that the product has been offi-cially graded or inspected and/or indi-cating the class, grade, quality, size,quantity, or condition of the productapproved by the Administrator and au-thorized to be affixed to any product, oraffixed to or printed on the packagingmaterial of any product.'

(e) "Official device" means a stamp-ing appliance, branding device, stencil,printed label, or any other mechanicallyor manually operated tool that is ap-proved by the Administrator for thepurpose of applying any official mark orother identification to any product or thepackaging material thereof.

ADMINISTRATION

§ 54.3 Administration.

The Administrator shall perform forand under the supervision of the Sec-retary, such -duties as are prescribedin the regulations in this part and asthe Secretary may require in the ad-ministration of the regulations in thispart. The Administrator is authorizedto waive for limited periods any par-ticular provisions of the regulations topermit experimentation so that new pro-cedures, equipment, and processing tech-niques may be tested to facilitate defi-nite improvements and at the same timeto assure full compliance with the spiritand intent of the regulations. The Agri-cultural Marketing Service, its officersand employees, shall not be liable indamages through acts. of commission oromission in the administration of thispart.§ 54.4 Grading and inspection services

available.

The regulations in this part providefor the following kinds of services; andany one or more of the different serv-ices, applicable to official plants, may berendered in an official plant:

(a) Inspection of ready-to-cook do-mestic rabbits.

(b) Grading of ready-to-cook domes-tic rabbits.

(1) In an official plant.(2) At terminal markets and other

receiving points other than officialplants.

BASIS OF SERVICE

§ 54.10 Inspection service.

Any inspection service in accordancewith the regulations in this part shall befor condition and wholesomeness.

§ 54.11 Grading service.(a) Any grading service in accordance

with the regulations in this part shall befor class, quality, quantity, or conditionor any combination thereof. Gradingservice with respect to determination ofquality of products shall be on the basis


of United States classes, standards, andgrades as contained in Subpart B of thispart.

(b) Moreover, grading service may berendered with respect to products whichare bought and sold on the basis of in-stitutional contract specifications orspecifications of the applicant and suchservice, when approved by the Adminis-trator, shall be rendered on the basis ofsuch specifications.§ 54.12 Eligibility.

(a) Only domestic rabbits which areprocessed in official plants in accordancewith the regulations in this part may begraded or inspected; and only domesticrabbits which are inspebted and passedpursuant to the regulations in this partor inspected and passed by any otherofficial inspection system acceptable tothe Service may be graded.* (b) All domestic rabbits that are evis-cerated in an official plant where inspec-tion service is maintained, shall be in-spected for condition and wholesomenessand no dressed rabbits or uninspectedproducts shall be brought into such offi-cial plant.§ 54.13 Supervision.

All grading service and all inspectionservice shall be subject to supervision atall times by the station supervisor, Statesupervisor, circuit supervisor, area super-visor, and national supervisor. Suchservice shall be rendered where the fa-cilities and conditions are satisfactoryfor the conduct of the service and therequisite graders and inspectors areavailable. Whenever the supervisor ofa grader has evidence that such graderincorrectly graded a product such super-visor shall take such action as is neces-sary to correct the grading and to causeany improper grade marks which appearon the product or containers thereof tobe corrected prior to shipment of theproduct from the place of initial grading.§ 54.14 Authority to waive provisions of

§ 54.12.The Administrator is authorized to

waive the provisions of § 54.12 which per-tain to the entry of uninspected edibleproducts into official plants, in specificinstances where domestic rabbits are tobe brought into compliance with a lawunder the provisions of a court order.Such domestic rabbits shall be handledin an official plant in accordance withsuch procedures as the Administratormay prescribe to insure proper segrega-tion and identity of the rabbits or rabbitproducts until they are shipped from theofficial plant.

PERFORMANCE OF SERVICES

§ 54.20 Licensed graders and inspectors.

(a) Any person who is a Federal orState employee possessing proper qualifi-cations as determined by an examinationfor competency, and who is to performgrading service under this part, may belicensed by the Secretary as a grader.

(b) Any person who is a Federal orState employee possessing proper qualifl-cationls as determined by an examination

FEDERAL REGISTER

for competency, and who is to performinspection service under this part, maybe licensed by the Secretary as aninspector.

(c) All licenses issued by the Secretaryshall be countersigned by the officer incharge of the domestic rabbit gradingservice or the domestic rabbit inspectionservice of the Agricultural MarketingService or any other designated officerof such Service.

(d) To anyperson possessing properqualifications, as determined by the Ad-ministrator, there may be issued a lim-ited license by the Secretary to gradedomestic rabbits on the basis of theUnited States classes, standards, andgrades: Provided, That all such gradingis performed under the immediate su-pervision of a grader licensed in accord-ance with paragraph (a) of this sectionand all product graded is check gradedby a grader licensed in accordance withparagraph (a) ,of this section. No per-son to whom a limited license is issuedby the Secretary shall have the author-ity to issue any grading certificate. Alllimited licenses issued by the Secretaryare to be countersigned by the officer incharge of the domestic rabbit gradingservice of the Agricultural MarketingService or by any other official of suchservice designated by such officer.

§ 54.21 Suspension of license or au.thority; revocation.

Pending final action by the Secretary,the officer in charge of the domestic rab-bit grading and inspection service may,whenever he deems such action neces-sary, suspend any license or authorityeffective pursuant to the regulations inthis part, by giving notice of such sus-pension to the respective individual in-volved, accompanied by a statement ofthe reasons therefor. Within seven daysafter the receipt of the aforesaid noticeand statement of reasons by such indi-vidual, he may file an appeal, in writingwith the Secretary supported by anyargument or evidence that he may wishto offer as to why his license or authorityshould not be suspended or revoked.After the expiration of the aforesaidseven-day period and consideration ofsuch argument and evidence, the Secre-tary will take such action as he deemsappropriate with respect to such suspen-sion or revocation. When no appeal isfiled within the prescribed seven daysthe license is revoked.

§ 54.22 Surrender of license.

Each license which is suspended, orrevoked, or has expired shall promptlybe surrendered by the licensee to hisimmediate superior. Upon terminationof the services of a licensed grader orinspector the licensee shall promptlysurrender his license to his immediatesuperior.§ 54.23 Identification.

Each grader and inspector shall haveIn his possession at all times, and presentupon request while on duty, the means'of identification furnished by the De-partment to such person.

§ 54.24 Financial interest of inspectorsand graders.

No inspector or grader shall renderservice on any product in which he isfinancially interested.§ 54.25 Political activity.

All graders and inspectors who areemployees of the Department are for-bidden, during the period of their re-spective appointments or licenses, to takean active part in political managementor in political campaigns. Political ac-tivity in city, county, State, or nationalelections, whether primary or regular,or in behalf of any party or candidate,or any measure to be voted upon, is pro-hibited. This applies to all appointees,including, but not being limited to, tem-porary and cooperative employees andemployees on leave of absence with orwithout pay. Wilful violation of § § 54.20to 54.25 will constitute grounds for dis-missal in the case of appointees andrevocation of licenses in the case oflicensees.

APPLICATION FOR GRADING SERVICE ORINSPECTION SEiVICE

§ 54.30 Who may obtain grading serviceor inspection service.

An application for grading service orinspection service may be made by anyinterested person, including but.not beinglimited to, the United States, any State,county, municipality, or common carrier,and any authorized agent of the fore-going.§ 54.31 How application may be made.

(a) An application for inspection serv-ice shall be made in writing and filed withthe Administrator.

(b) An application for gradirig serviceto be rendered in an official plant shall bemade in writing and filed with the Ad-ministrator.

(c) An application for any gradingservice to be rendered other than in anofficial plant may be made in any officeof grading or with any grader at ornearest the place where the service isdesired. Such application may be madeorally, in writing, or by telegraph. Ifthe application for grading service ismade orally, the office of grading, graderwith whom the application is made, orthe Administrator may require that theapplication be confirmed in writing.

(d) Each application for grading serv-ice or inspection service shall includesuch information as may be required bythe Administrator in regard to the prod-ucts and premises where the service is tobe rendered.

§ 54.32 Filing of application.

An application for grading service orinspection service shall be regarded asfiled only when made pursuant to theregulations in this part.

§ 54.33 Authority of applicant.

Proof of the authority of any personapplying for grading service or inspectionservice may be required at the discretionof the Administrator.

7377


§ 54.34 Application for inspection serv-ice or grading service in officialplants; approval.

Any person desiring to process andpack products in a plant under gradingservice or inspection service, or both,must receive approval of such plant andfacilities as an official plant prior to therendition of such service. An applica-tion for grading service or inspectionservice to be rendered in an official plantshall be approved according to the fol-lowing procedure:

(a) Initial survey. When applicationhas been filed for grading service or in-spection service as aforesaid, the areasupervisor, or his assistant, shall examinethe plant, premises, and facilities andshall specify any additional facilities re-quired for the service. Appeals with re-spect to any such specification may bemade to the national supervisor.

(b) Drawings and specifications to befurnished in advance of construction oralterations. (1) Four copies of drawingsor blue prints showing the features speci-fied herein shall be submitted to theAdministrator. The drawings or blue-prints shall be legible, made with sharp,clear lines, and properly drawn to scale,and shall consist of floor plans and a plotplan.

(2) The plot plan shall show such fea-tures as the limits of the plant's premises,locations in outline of buildings on thepremises, one point of the compass, androadways and railroads serving the plant.

(3) The floor plan shall show all spaceto be included in the official plant. Ifrooms or compartments shown on thedrawings or blueprints are not to beincluded as part of the official plant,this shall be clearly indicated thereon

(4) The sheets of paper on. whichdrawings or blueprints are made shallnot exceed a size 34" x 44". The draw-ings other than of the plot plan shall bemade to a scale of 1/- per foot, exceptthat additional plans for some areasshowing detail may be drawn to a scaleof 1/4" per foot. The plot plan may bedrawn to a scale of not less than 1/32"per foot. The drawings shall indicatethe scale used and shall also indicate thefloor shown (e.g., basement, first, orsecond).

(c) Features required to be shown onfloor plan. The following features shallbe shown on the floor plan:

(1) The principal pieces of equipmentdrawn to scale in the proper locations

(2) The name of the firm and theaddress of the plant by street and streetnumber or by other means properlyidentifying the location of the plant.

(3) One point of the compass.(4) The doors and openings for pas-

sageways, designating those which are.self-closing or permanently closed.

(5) All floor drain openings and gutterdrains.

(6) Lavatories in toilet and processingrooms (lavatories which are other thanhand-operated shall be so designated onthe drawings or blueprints).

(7) All steam and hot and cold wateroutlets for cleanup purposes.

(8) Ice making and storage facilities.(9) The point at which live domestic

rabbits are hung on the conveyor line,

the point where dressed domestic rabbitsare removed, and the point of transfer tothe eviscerating line.

(10) The routes of the edible and in-edible products.

(11) The location of fresh air inlets,exhaust fans and hoods.

(d) Specifications. Specifications cov-ering the following items shall accom-pany the drawings:

(1) Height of ceilings.(2) Type of ceilings-open or closed.(3) Finish of ceilings; for example-

cement plaster, metal, marine plywood,cement, asbestos board, etc.

(4) Finish of walls; for example-cement plaster, glazed tile, glaze brick,glaWs blocks, etc.

(5) Screens-indicate whether all out-side openings are screened or proidedwith other suitable devices against en-trance of flies or other insects.

(6) Finish of floors-concrete, brick,mastic material, etc.

(7) Drainage--indicate the amount ofslope of floors to the drains in processingrooms, coolers, toilets, and refuse rooms,and give description of trapping andventing of drainage lines, and of floordrain openings. Indicate size of drain-age lines and whether house drainagelines and toilet soil lines'are separate toa point outside of buildings.

(8) Heating-indidate type.(9) Water supply-indicate whether

public or private water supply, or both,and specify in terms of gallons of wateravailable per minute for the processingneeds of the plant. Also indicatewhether or not a nonpotable water sup-ply is used for any purpose in the plantand, if so, specify such uses.

(10) Hot water facilities-s p e c I f yfacilities such as boilers, storage tanks,mixing valves, etc., and indicate the sizeand number of boilers and storage tanks.

(11) Specify number of men and num-ber of women who will use each toiletroom.

(12) Sewage disposal-indicatewhether city sewer, cesspool, sedimenta-tion tank, etc.

(13) Approximate rate of produc-tion-indicate hourly rate of slaughterand evisceration for domestic rabbits.

(e) Rooms and compartments whichmust be included in the official plant."rhe official plant shall include employ-ees' toilet and dressing rooms, officespace for the inspectors, storerooms forsupplies, refuse rooms, and rooms, com-•partments or passageways where domes-tic rabbits or any ingredients to be usedin the preparation of products underinspection will be handled or kept. Italso may include other rooms or com-partments located in the buildings com-prising the official plant.

(f) Changes in drawings or blueprints.When changes are proposed in areas forwhich drawings or blueprints have been.previously approved, one of the followingtypes of revised drawings or blueprintsshall be submitted for review and con-sideration.

(1) A completely revised sheet orsheets, showing proposed alterations oradditions, or

(2) Approved pasters of the proposedchanges which may be affixed to the af-fected areas on the previously approved

drawings or blueprints In a manner notobscuring essential data. Paster draw-ings and blueprints shall be prepared tothe same scale and presented on a back-ground similar to that of the originallyapproved drawing or blueprint.- (g) Final survey and plant approval.

Prior to the inauguration of the grad-ing service or inspection service, a finalsurvey of the plant and premises shallbe made by the area supervisor or hisassistant to" determine if the plant isconstructed and facilities are installedin accordance with the approved draw-,ings and the regulations in this part.The plant may be approved by the Ad-ministrator only when these. require-ments have been met, except that con-ditional approval for a specified limitedtime may be granted only under emer-gency conditions of restricted availabil-ity of facilities and construction mate-rials, provided practices suitable to theAdministrator are employed to effectadequate sanitary conditions in theplant.

§ 54.35 Rejection of application.

Any application for grading or inspec-tion service may be rejected by the 'Ad-ministrator (a) whenever the applicantfails to meet the requirements of theregulations prescribing the conditionsunder which the service is made avail-able; (b) whenever the.product is ownedby or located on the premises of a per-son currently denied the benefits of theact; (c) where any individual holdingoffice or a responsible position with orhaving a substantial financial interestor share in the applicant is currentlydenied the benefits of the act or was re-sponsible in whole or in part for thecurrent denial of the benefits of theact to any person; (d) where the Ad-ministrator determines that the applica-tion is an attempt on the part of a per-son currently denied the benefits of the• act to obtain grading or inspection serv-ice; (e) whenever the applicant, afteran initial survey has been made in ac-,cordance with § 54.34(a), fails to bringthe plant, facilities, and operating pro-cedures into compliance with the regu-lations within a reasonable period oftime; or (f) notwithstanding any priorapproval whenever, before inaugurationof service, -the applicant fails to fulfillcommitments concerning the inaugura-tion of the service. Each such applicantshall be promptly notified by registeredmail of the reasons for the rejection. Awritten petition for reconsideration ofsuch rejection may be filed by the ap-plicant with the Administrator if post-marked or delivered within,10 days afterthe receipt of notice of the rejection.Such petition shall state specifically theerrors alleged to have been made by theAdministrator in rejecting. the applica-tion. -Within 20 days following the re-ceipt of such a petition for reconsidera-tion, the Administrator shall approve theapplication or notify the applicant byregistered mail of the reasons for therejection thereof.§ 54.36 Withdrawal of application.

Any application for grading or inspec-tion service may be withdrawn by theapplicant at any time before the service


is performed upon payment, by the ap-plicant, of all expenses incurred by theService in connection with such appli-cation.

§ 54.37 Order of service.

Grading service shall be performed, in-sofar as practicable, in the order in whichapplications therefor are made exceptthat precedence may be given to anyapplication for an appeal grading.

§ 54.38 Suspension of plant approval.

(a) Any plant approval given pursuantto the regulations in this part may besuspended by the Administrator for (1)failure to maintain plant and equipmentin a satisfactory state of repair; (2) theuse of operating procedures which arenot in accordance with the regulationsIn this part; or (3) alterations of build-ings, facilities, or equipment which can-not be approved in accordance with theregulations in this part.

(b) During such period of suspension,inspection and grading service shall notbe rendered. However, the other provi-sions of the regulations pertaining toproviding service on a resident basis willremain in effect unless such service Isterminated in accordance with the pro-visions of this part. If the plant facili-ties or methods of operation are notbrought into compliance within a rea-sonable period of time, to be specified bythe Administrator, the service shall beterminated. Upon termination of in-spection or grading service in an officialplant pursuant to the regulations in thispart, the plant approval shall also be-come terminated, and all labels, seals,tags or packaging material bearing offi-cial Identification shall, under the su-pervision of a person designated by theService either be destroyed, or the officialidentification completely obliterated, orsealed in a manner acceptable to theService.

VIOLATIONS

§ 54.45 Denial of service,(a) The acts or practices set forth in

§§ 54.46 to 54.51 or the causing thereofmay be deemed sufficient cause, for thedebarment,' by the Administrator, of anyperson, including any agents, officers,subsidiaries, or affiliates of such personfrom any or all benefits of the act for aspecified period, after notice and oppor-tunity for hearing has been afforded.

(b) Whenever the Administrator hasreason to believe that any person or hisemployee, agent, or representative hasflagrantly or repeatedly committed anyof the acts or practices specified in§§ 54.46 to 54.51, he may without hear-Ing, direct that the benefits of the actbe denied such person, including anyagents, officers, subsidiaries, or affiliatesof such person, pending investigatiofi.and hearing and shall give notice thereofby registered mail. A written petitionfor reconsideration of such interim de-nial may be filed with the Administratorby any person so denied the benefits ofthe act within 10 days after notice of theInterim denial. Such petition shall statespecifically the errors alleged to havebeen made by the Administrator in deny-ing the benefits of the act pending in-

vestigation and hearing. Within 20 daysfollowing the receipt of such petition forreconsideration, the Administrator shallreinstate the benefits of the act or notifythe petitioner of the reasons for con-tinued interim denial.

§ 54.46 Misrepresentation; deceptive orfraudulent acts or practices.

Any wilful misrepresentation or anydeceptive or fraudulent act or practicemade or committed by any person in con-nection with:

(a) The making or filling of any appli-cation for any grading service or inspec-tion service;

(b) The making of the product acces-sible for grading or inspection;

(c) The making, issuing, or using, orattempting to issue or use any gradingcertificate, inspection certificate, symbol.stamp, label, seal or identification, au-thorized pursuant to the regulations inthis part;

(d) The use of the term "UnitedStates" or "U.S." in conjunction withthe grade of the product;

(e) The use of either of the aforesaidterms or any official stamp, symbol, label,seal or identification in the labeling oradvertising of any product; or

(f) The use of the term "Governmentgraded," "Federal-State graded," "U.S.inspected," or "Government inspected,"or any term of similar import in thelabeling or advertising of any product.

§ 54.47 Use of facsimile forms.

Using or attempting to use a formwhich simulates in whole or in part, anycertificate, symbol, stamp, label, seal oridentification authorized to be issued orused under the regulations in this part.

§ 54.43 Wilful violation of the regula-tions.

Any wilful violation of the regulationsin this part or the act.

§ 54.49 Interfering with a grader, in-spector or employee of Service.

Any interference with or obstructionor any attempted interference or ob-struction of or assault upon any grader,limited licensee, inspector or employee ofthe Service in the performance of hisduties. The giving or offering directlyor indirectly of any money, loan, gift oranything of value to an employee of theService or the making or offering of anycontribution to or in any way supple-menting the salary, compensation or ex-penses of an employee of the Service orthe offering or entering into a privatecontract or agreement with an employeeof the Service for any services to be ren-dered while employed by the Service.

for the rejection of an application forgrading or inspection service.

OTHER APPLICABLE REGULATIONS

§ 54.53 Other applicable regulations.Compliance with the regulations in

this part shall not excuse failure tocomply with any other Federal, or anyState or municipal, applicable laws orregulations.

PUBLICATIONS

§ 54.55 Publications.

Publications under the act and theregulations in this part shall be made inthe FEDERAL REGISTER, the Service andRegulatory Announcements of the De-partment, and such other media as theAdministrator may approve for thepurpose.

IDENTIFYING AND MARKING PRODUCTS

§ 54.60 Approval of official identifica-tion.

(a) Any label or packaging materialwhich bears any official identificationshall be used only in such manner as theAdministrator may 5rescribe. No labelor packaging material bearing officialIdentification may be used unless finishedcopies or samples of such labels andpackaging material have been approvedby the Administrator. No label bearingofficial identification shall be printed foruse until the printer's final proof has.been approved by the Administrator; andno label, other than labels for shippingcontainers or containers for institutionalpacks, bearing any official identificationshall be used until finished copies orsamples of such labels have been ap-proved by the Administrator. Finalapproval may be given to printer's finalproof or photostatic copies of labels forshipping containers or containers for in-stitutional packs, and no such labels shallbe used until such proofs or copies havebeen approved by the Administrator. Alabel which bears official identificationshall not bear any statement that isfalse or misleading, and if labels in thename of the same packer or distributor,or bearing, the same brand name, areused on the same or similar productswhich are prepared from products whichare not inspected, the diameter of theinspection mark used on labels for in-spected products shall be equal to at leastone-tenth of the length of the label, plusat least one-tenth of the width of thelabel. If the labeling is printed or other-wise applied directly to the container,the principal display panel of such con-tainer shall, for this purpose, be consid-ered as the label.

9 54.61 Products that may be indwvifu-§ 54.50 Misleading labeling or advertis. ally grade marked; information re-ing. quired on grade mark.

The use of the terms "Government (a) The appropriate grade marks forGraded," "Federal-State Graded," or consumer grades as specified in § § 54.275terms of similar import in the labeling and 54.276 are the only grade marksor advertising of any product without which may be applied individually tostating in the labeling or advertisement, ready-to-cook domestic rabbits andthe U.S. grade of the product as deter- - edible rabbit products prepared there-mined by an authorized grader. 'from or to the containers in which such

products are enclosed for the purpose of§ 54.51 Miscelianeous. display and sale to household consumers.

The existence of any of the conditions (b) Except as otherwise authorized,set forth in § 54.35 constituting a basis each grade mark which is to be used



shall be of a shield design and shall In-clude the letters "USDA," and the U.S.Grade of the product it identifies asspecified in § 54.281. In addition, one ofthe following terms such as "Federal-State Graded" or "Government Graded"may be used adjacent to, but not within

-the shield design grade mark.§ 54.62 Use of grade mark and inspec-

tion mark with respect to the sameproduct.

The Administrator Is authorized toprescribe and approve the form of thegrade mark and inspection mark thatmay be used.

§ 54.63 Marking inspected products.(a) Wording and form of inspection

mark. Except as otherwise authorized,the inspection mark permitted to beused with respect to inspected and cer-tified edible products shall include word-ing as follows: "Inspected for whole-someness by U.S. Department of Agri-culture." This wording shall be con-tained within a circle in the form andarrangement shown in § 54.282. The.appropriate plant number of the officialplant shall be included in the circle un-less it appears elsewhere on the packag-ing material. The Administrator mayapprove the use of abbreviations of suchinspection mark; and such approved ab-breviations shall have the same force and'effect as the inspection mark. The in-spection mark or approved abbreviationthereof, as the case may be, may beapplied to the inspected and certifiededible product or to the packaging ma-terial of such product. When the in-spection mark, or the approved abbrevi-ation thereof, is used on packagingmaterial, it shall be printed on suchmaterial or on a label to be affixed to thepackaging material and the name of thepacker or distributor of such productshall be printed on the packaging ma-terial or label, as the case may be, exceptthat on shipping containers and con-tainers for institutional packs the in-spection marks may be stenciled on thecontainer and when the inspection markis so stenciled the name and address ofthe packer or distributor may be appliedby the use of a stencil or a rubber stamp.Notwithstanding the foregoing, the nameand address of the packer or distributor,if appropriately shown elsewhere on thepackaging material, may be omitted frominsert labels which bear an official iden-tification if the applicable plant numberis shown.

(b) Wording on labels. Each tradelabel to be approved for use pursuant to§§ 54.60 to 54.63 with respect to any in-spected and certified edible product shallbear the true name of the edible product,the name and address of the packer ordistributor thereof, and in prominentletters and figures of uniform size, theinspection mark, as aforesaid; and thelabel shall also bear, in such manner asmay be prescribed or approved by theAdministrator, the plant number, if any,of the official plant in which such prod-uct was inspected and certified.

.(c) Labels in foreign languages. Anytrade label to be affixed to a container ofany edible products for foreign commerce

may be printed In a foreign language.However, the inspection mark shall ap-pear on the label in English, but, in addi-tion, may be literally translated into.such foreign language. Each such tradelabel which is to be printed in a foreignlanguage must be approved pursuant to§§ 54.60 to 54.63.

(d) Unauthorized use or disposition ofapproved labels. (1) Labels approved foruse pursuant to § § 54.60 to 54.63 shallbe used only for the purpose for whichapproved and shall not otherwise be dis-posed of from the plant for which ap--proved except with written approval ofthe Administrator. Any unauthorized-use or disposition of approved labels orlabels bearing official identification mayresult in cancellation of the approval anddenial of the use of labels bearing offi-cial identification or denial of the bene-fits of the act pursuant to the provisionsof § 54.60.

(2) The use of simulations or imita-tions of any official identification by any-person is prohibited.

(e) Rescindinent of approved labels.Once a year, or more often, if requested,each applicant shall submit to the Ad-ministrator a list in triplicate of ap-proved labels that have become obsolete,accompanied with a statement that suchapprovals are no longer desired. Theapprovals shall be identified by the dateof approval, and the name of productor other designation showing the class ofmaterial.

SUPERVISION OF MARKING AND PACKAGING

§ 54.70 Evidence of label approval.

No grader or inspector shall authorizethe use of official identification for anygraded or inspected product unless hehas on file evidence that such officialidentification or packaging materialbearing such official identification hasbeen approved in accordance with theprovisions of § 54.60 to 54.63.

§ 54.71 Affixing of official identifica-tion.

(a) No official identification or anyabbreviation, copy, or representationthereof may be affixed to or placed on orcaused to be affixed to or placed on anyproduct or container thereof except bya grader or an inspector or under thesupervision of a grader or an inspector.All such products shall have been in-"spected and certified, or graded, or both.The grader or inspector shall have super-vision over the use and handling of allmaterial bearing any official identifica-tion'.

(b) Each container of inspected andcertified products to be shipped from oneofficial plant to another official plant forfurther processing shall be marked foridentification and shall show the follow-ing information:

(1) The name of the Inspected andcertified products in the container;

(2) The name and address of thepacker or distributor of such products;

(3) The net weight of the container;(4) The inspection mark permitted to

be used pursuant to the regulations inthis part, unless the containers aresealed or otherwise identified in such

manner as may be approved by the Ad-ministrator; and

(5) The plant number of the officialplant where the products were packed.

§ 54.72 Packaging.

No container which bears or may bearany official identification or any abbre-viation or copy or representation thereofmay be filled in whole or in part exceptwith edible products which were in-spected and certified or graded or bothand are at the time of such filling, sound,wholesome and fit for human food. Allsuch filling of containers shall be underthe supervision of an inspector or grader.

§ 54.73 Retention labels.

An inspector or grader may use suchlabels, devices and methods as may beapproved by the Administrator for theidentification (a) of products which areheld for further examination, and (b)all equipment and utensils which are tobe held for proper cleaning.

§ 54.74 Prerequisites to grading andinspection.

Grading and inspection of productsshall be rendered pursuant to the regu-lations in this part and under such con-ditions and in accordance with suchmethods as may "be prescribed or ap-proved by the Administrator.

§ 54.75 Accessibility of products.

Each product for which grading serv-ice or inspection service is requested shallbe so arranged so as to permit adequatedetermination of its class, quality, quan-tity, and condition as the circumstancesmay warrant.

§ 54.76 Time of grading or inspectionin an official plant.

The grader or inspector who is to per-form the grading or inspection in an offi-cial plant shall be informed, in advance,by the applicant of the hours when suchgrading or inspection is desired. Grad-ers and inspectors, shall have access atall times to every part of any official plantto which they are assigned.

REPORTS

* § 54.90 Report of inspection work andgrading work.

Reports of the work of inspection andgrading carried on within official plantsshall be forwarded to the Administratorby the inspector and grader in such man-ner as may be specified by theAdministrator.

§ 54.91 Information to be furnished toinspectors and graders.

When inspection service or gradingservice is performed within an officialplant, the applicant for such inspectionor grading shall furnish to the inspectoror grader rendering such service such in-formation as may be required for thepurposes of § 54.90 to 54.92.

§ 54.92 Reports of violations.

Each inspector and each grader shallreport, in the manner prescribed.by theAdministrator, all violations of and non-compliance with the act and the regula-tions in this part of which he hasknowledge.

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FEES AND CHARGES

§ 54.100 Payment of fees and charges.

(a) Fees and charges for any gradingor inspection shall be paid by the appli-cant for the service in accordance withthe applicable provisions of §§ 54.100 to54.109 and, if so required by the Adminis-trator, such fees and charges shall bepaid in advance.

(b) Fees and charges for any gradingor inspection performed by any grader orinspector who is a salaried employee ofthe Department shall, unless otherwiserequired pursuant to paragraph (c) ofthis section, be paid by check, draft, ormoney order payable to the AgriculturalMarketing Service and remitted promptlyto the Service.

(c) Fees and charges for any gradingor inspection pursuant to a cooperativeagreement with any State or person shallbe paid in accordance with the terms ofsuch cooperative agreement.

§ 54.101 Grading service on a fee basis.

The fees to be charged and collectedfor grading services furnished on a feebasis (other than for an appeal grad-ing) shall be based on the time requiredto render such services including, butnot being limited to, the time requiredfor the travel of the grader in connec-tion therewith, at the rte of $5.00 perhour for the time actually required.

§ 54.102 Fees for appeal grading.

The fees to be charged for any appealgrading shall be double the fee specifiedin the grading certificate from which theappeal is taken: Provided, That the feefor any appeal grading requested by theUnited States, or any agency or instru-mentality thereof, shall be not more thanthat set forth in the grading certificatefrom which the appeal is taken. If theresult of any appeal -grading disclosesthat a material error was made in thegrading appealed from, no fee shall berequired.

§ 54.104 Inspection service on a feebasis.

Fees to be charged and collected forinspection services furnished on a feebasis shall be based on the time requiredto render such services including, butnot being limited to, the time requiredfor the travel of the inspector or inspec-tors in connection therewith, at the rateof $5.00 per hour for each inspector forthe time actually required.

§154.105 Fees for additional copies ofgrading certificates and inspectioncertificates.

Additional copies, other than thoseprovided for in §§ 54.141 and 54.171,'ofany grading certificates or inspectioncertificates, may be supplied to any in-terested party upon payment of a fee of$1.50 for each set of five or fewer copies.

§ 54.106 Travel expenses and othercharges.

Charges may be made to cover thecost of travel and other expenses in-curred by the Service in connection withthe performance of any grading or in-spection service on a fee basis. Suchcharges shall include the costs of travel,

No. 152- 5

FEDERAL REGISTER

per diem, and other expenses, plus acharge of 10 percent of the amountcharged for said travel per diem, andother expenses to cover administrativecosts of the Department. When traveland other expenses are charged in con-nection with any grading or inspectionservice, the minimum charge which shallbe made shall be $0.50.

§ 54.107 Inspection on a resident in-spection basis.

(a) Charges. The charges for inspec-tion of domestic rabbits and productsthereof shall be paid by the applicantfor the service and shall include such ofthe items listed in this section as areapplicable. Payment for the'full cost ofthe inspection service rendered to theapplicant shall be made by the applicantto the Agricultural Marketing Service,United States Department of Agriculture(hereinafter referred to as "AMS").

.Such full costs shall comprise such ofthe items listed in this section as are dueand included, from time to time, in thebill or bills covering the period or periodsduring which the inspection service wasrendered. Bills will be rendered by the10th day following the end of the monthin which the service was rendered andare payable upon receipt. A charge will.be made by AMS in the amount of one(1) percent per month, or fraction there-of, of any amounts remaining unpaidafter 30 days from the date of billing:

(1) A charge of $125.00 for the com-bined initial and final survey (requiredto be made with respect to an officialplant pursuant to the regulations in thispart) made of the designated plant andits premises prior to the performance, byAMS of the inspection service.

(2) Charges for each survey in addi-tion to those provided in subparagraph(1), of this paragraph,. if any, made atthe request of the applicant, or de-termined by AMS to be necessary, to becomputed on the basis (i) of the actualcost to AMS of the travel and per diemin lieu of subsistence incurred in themaking of the survey, and (ii) a chargeof $5.00 per hour for the time consumedat the plant in making the survey: Pro-vided, That the minimum charge shall befor six (6) hours.

(3) A charge of (i) $154.00 per 40-hour workweek for each inspector as-signed to the designated plant by AMSfor the inspection of dressed domesticrabbits at the time of evisceration; (ii)$154.00 per 40-hour workweek for eachinspector assigned to the designatedplant by AMS for.the inspection of can-ning or other processing of domesticrabbit products: Provided, That with re-spedt to each inspector who is employedby AMS on a "when actually employed"basis, such charges shall be computedon the appropriate hourly basis: Pro-vided, further, That no charge shall bemade for any inspector during any periodof leave approved by AMS for such in-spector.

(4) A charge of $4.65 per hour foreach hour of overtime work performedby each inspector assigned to any type-of operation described in subparagraph(3) of this paragraph: Provided, Thatany unscheduled overtime work per-formed by an inspector on a day when

7381

no work is scheduled for him, or forwhich he is required to return to hisplace of employment, shall be consideredto be at least two hours in duration.

(5) A night differential charge of$0.385 per hour for inspectors perform-ing inspection of dressed domestic rab-bits at the time of evisceration and per-forming inspection of canning or otherprocessing of domestic rabbit food prod-ucts for each hour of any regularlyscheduled work between the hours of6:00 p.m. and 6:00 a.m.

(6) A charge of $7.70 per hour for in-spectors performing inspection of do-mestic rabbits at the time of eviscera-tion and $7.70 per hour for inspectorsperforming inspection of canning orother processing of domestic rabbit foodproducts for each hour of such workperformed on a designated holiday:Provided, That the charge shall be fora minimum of two hours.

(7) A charge for the actual cost toAMS of the travel and per diem in lieuof subsistence with respect to each in-spector who is assigned to the designatedplant but whose travel headquarters isnot at the designated plant, such chargeto cover the period during which eachsuch inspector is assigned to the desig-nated plant, and travel to and from thedesignated plant in connection withsuch assignment.

(8) A charge of $50.00 per inspector atthe time of installation of service at theplant or the assignment of an additionalinspector to the plant, to cover the av-erage cost of installing an inspector,plus an additional charge of $250.00 perinspector to cover the average cost ofmovement of household goods of an in-spector incident to such installation orassignment where costs of such move-ment are incurred by AMS: Provided,That no charge shall be made under thissubparagraph when the assignment of'an inspector is made to replace anotherinspector solely for the convenience ofAMS.

(9) A charge for the actual cost toAMS of the travel and per diem in lieuof subsistence with respect to each in-spector who is assigned to the designatedplant and whose travel headquarters isat the designated plant, if at the requestof the designated plant, such inspector isreassigned temporarily to another offi-cial plant, such charge to cover theperiod during which each such inspectoris reassigned to the other plant, and thetravel to and from the designated plantin connection with such. reassignment.

(10) A minimum charge of $25.00 foreach calendar month after inspection isinaugurated in the designated plant.

(11) the charge for each 8-hour day,for the services of any inspector, shallbe at the rate of one-fifth of the appli-cable charge for each 40-hour work

*week, as provided in subparagraph (3)of this paragraph. Overtime and nightdifferential charges .(when applicable)shall be billed at the rates specified insubparagraphs (4) and (5) of this'paragraph.

(12) The applicant will be givencredit when inspectors assigned to theapplicant's official plant perform inspec-tion for the Department of Defense on


products accepted for delivery by. theapplicant to the Department of Defense.The amount of such credit will be basedon a formula concurred in jointly by theDepartments of -Defense and Agriculture.

(13) A charge equal to the actualamounts reimbursed to the AgriculturalResearch Service by AMS, plus twenty-five (25) percent of such amounts tocover administrative overhead of AMS,when inspectors of the Meat InspectionDivision, Agricultural Research Service,are assigned to the designated plant forinspection of canning or processing ofdomestic rabbit food products. Thecharges provided for in this subpara-graph are in lieu of the charges speci-fied in subparagraphs (3) through (9).and (11) of this paragraph.

(b) Other provisions. (1) The appli-cant shall furnish such stenographic andclerical assistance as may be necessary intyping certificates, official reports andhandling correspondence in connectionwith the inspection service.

(2) Inspectors will be provided by AMSto perform the inspection service. AMS,may, from time to time, assign to thedesignated plant such additional in-spectors as it deems necessary in orderto perform the inspection service, or de-crease the number of inspectors whenfewer inspectors are needed to performsuch service.

(3) Whenever operations at the desig-nated plant are discontinued during aperiod or periods, any inspector (assignedby AMS to the designated plant) may,perform such other services as may bedeemed appropriate and are approved bythe area supervisor.

(4) The inspection service shall be pro-vided at the designated plant and shallbe continued until the service is sus-pended, withdrawn, or terminated (i) bymutual consent; (ii) by thirty (30) days'written notice given by either party tothe other party specifying the date ofsuspension, withdrawal, or termination;(iii) pursuant to the regulations in thispart; (iv) upon one (1) day's writtennotice .by AMS to the applicant, if theapplicant fails to honor any invoicewithin thirty (30) days after date ofinvoice covering the costs, of the in-spection service, or if the applicant failsto comply with the terms and conditionsof this section.

§ 54.108 Grading performed on a resi-dent grading basis.

(a) Charges. The charges to be col-lected for any grading service, other thanfor an appeal grading, on a residentgrading basis, shall be those providedin this section. The charges to be madefor any appeal grading shall be as pro-vided in § 54.102. The charges for grad-ing of domestic rabbits and edibleproducts thereof shall be paid by theapplicant for the service and shall in-clude such of the items listed in thissection as are applicable. Payment forthe full cost of the grading service ren-dered to the applicant shall be made bythe applicant to the Agricultural Mar-keting Service, United States Depart-ment of Agriculture (hereinafter re-ferred to as "AMS"). Such full costsshall comprise such of the items listed

in this section as are due and included,from time to time, in the bill or billscovering the period or periods duringwhich the grading service was rendered.Bills will be rendered by the 10th day fol-lowing the end of the month in whichthe service was rendered and are payableupon receipt. A charge will be made byAMS in the amount of one (1) percentper month, or fraction thereof, of anyamounts remaining unpaid after 30 daysfrom the date of billing.

(1) A charge of $5.00 per hour plusactual costs to AMS for per diem andtravel costs incurred in rendering servicenot specifically covered in this section;such as, but not limited to initialsurveys;

(2) A charge of $100 for the final sur-vey and inauguration of the gradingservice including the assignment of onegrader; •

(3) A charge equal to the salary costpaid to each grader assigned to the ap-plicant's plant by AMS: Provided, Thatno charge is to be made for salary cost ofany assigned grader of the designatedplant while temporarily reassigned byAMS to perform grading service for otherthan the applicant except when the as-signed grader is performing service forthe Department of Defense on productsaccepted for delivery by the applicant tothe Department of Defense, in which casethe applicant will be given credit for theservice rendered, based on a formula con-curred in jointly by the Departments ofDefense and Agriculture;

(4) A charge for the relief grader atthe rate of the regular grader's salaryand the actual travel expenses and perdiem paid by AMS to any grader whoseservices are required for relief purposeswhen regular graders are on annual orsick leave;

(5) A charge for the actual cost toAMS of any travel and per diem incurredby each grader assigned to the plantwhile in the performance of grading serv-ice for the applicant;

(6) A charge to cover the actual costto AMS of the travel (including the costof movement of household goods and de-pendents) and per diem with respect toeach grader who is tranferred (otherthan for the convenience of AMS) froman official station to the designatedplant;

(7) A charge equal to 20 percent ofthe base salary to cover an amount equalto the cost to AMS for the Employer's taximposed under the United States InternalRevenue Code (26 U.S.C.) for Old Ageand Survivors Benefits under the SocialSecurity System and for insurance asprovided, in the Federal Employees'Group Life Insurance Act of 1954, andbenefits under the Federal Employees'Health Benefits Act of 1959, sick leave,annual leave and related servicing costs;

(8) A charge equal to 7 percent of: (i)The overtime salary, (ii) the salary paidto each grader exclusive of one regulargrader, and (iii) all charges made to theapplicant for transportation and perdiem which are paid by AMS to gradersassigned to the applicant;

(9) An administrative service chargebased on the aggregate weight of thetotal monthly volume of all domestic

rabbits handled in the plant, and con-puted in accordance with the followingtable:

COMPUTATION OF ADMINISTRATIVE

SERVICE CHARGES

Where an approved application is. ineffect and no product is handled-. $25.00

1 to 100,000 pounds --------------- 40.00100,001 to 200,000 pounds ----------- 55.00200,001 to 300,000 pounds ----------- 65.00

-300,001 to 400,000 pounds ----------- 75.00400,001 to 500,000-pounds ----------- 85.00For each additional 100,000 pounds,

or fraction thereof, in excess of500,000 pounds -----------------. 5.00'The maximum charge shall not exceed

$175.00.

(b) Other provisions. (1) The appli-cant shall designate in writing the em-ployees of the applicant who will- berequired and authorized to furnish eachgrader with such information as may benecessary for the performance of thegrading service.. (2) AMS will provide as available an

adequate number of graders to performthe grading service.

(3) The grading service shall be pro-vided at the designated plant and shallbe continued until the service is s-pended, withdrawn, or terminated bys

(i) Mutual consent;(ii) Thirty (30) days' written notice

by either the applicant or AMS specify-ing the date of suspension, withdrawal,or termination;

(iii) One (1) day's written notice byAMS to the applicant, if the applicantfails to honor any invoice within thirty(30) days after date of invoice coveringthe cost of the grading service; or

(iv) Termination of the services pur-suant to the regulations in this part.

(4) Federally employed graders willbe required to confine their activities tothose duties necessary in the renderingof grading service and such closely re-lated activities as may be approved byAMS: Provided, That, in no instance willthe federally employed grader assumethe duties of management.§ 54.109 Fees for grading service or in-

spection service performed under co-operative agreement.

The fees to be charged and collectedfor any grading service or inspectionservice performed under cooperativeagreement shall be those provided for bysuch agreement.§ 54.110 Disposition of fees for inspec-

tion made under cooperative agree-ment.

Fees for inspection under a coopera-tive agreement with any State or personshall be disposed of in accordance withthe terms of such agreement. Such por-tion of the fees collected under a coop-erative agreement as may be due theUnited States shall be remitted to theService.§ 54.111 Charges and other provisions

where application is in effect duringseason of no operation.

(a) Charges. If an applicant re-quests in writing the removal of a graderor graders while the designated plantis closed for the season, and such requestis granted by the Administrator, an ad-


ministrative service charge of $25.00shall be paid by the applicant for eachcalendar month in which the applicationis in effect and no product is processed.No other charges puirsuant to § 54.108will be applicable. A form for makinga request in accordance with the provi-sions of this section may be obtainedfrom the Administrator.

(b) Other provisions. In making arequest, the applicant shall agree not toprocess or label any product until agrader is reassigned; to request reassign-ment of a grader twenty days prior tothe date that operations will be resumed;and not to use or ship any packaging or,labeling material bearing the officialmark without prior approval of h Fed-eral-State supervisor.

INSPECTION PROCEDURES; ANTE MORTEMINSPECTIONS

54.120 Manner of handling productsin an official plant.

Unless otherwise specified in the regu-lations in this part or by the Adminis-trator, products which are to be furtherprocessed under inspection in an officialplant shall be prepared and handled insuch official plant under the supervisionof an inspector.

§ 54.121 Ante mortem inspection.An ante mortem inspection of domestic

rabbits shall; where and to the extentconsidered necessary by the Adminis-trator and under such instructions as hemay issue from time to time, be made ofdomestic rabbits on the day of slaughterin any official plant processing domesticrabbits under inspection pursuant to theregulations In this part.

§ 54.122 Condemnation on ante mor-tem inspection.

Domestic rabbits found in a dying con-dition on premises of an official plantshall be immediately destroyed and to-gether with any rabbits found dead onsuch premises shall be disposed of inaccordance with § 54.132. Domesticrabbits plainly showing on ante morteminspection any disease or condition, thatunder §§ 54.129 to 54.131, inclusive, wouldcause condemnation of their carcasseson post-mortem inspection, shall be con-demned. Rabbits which on ante morteminspection are condemned shall not bedressed, nor shall-they be conveyed intoany department of the plant where do-mestic rabbit products are prepared orheld. Domestic rabbits which have beencondemned on ante mortem inspectionand have been killed shall, under thesupervision of an inspector of the Inspec-tion Service, receive treatment as pro-vided in § 54.132.

§ 54.123 Segregation of suspects onante mortem inspection.

All domestic rabbits which on antemortem inspection do not plainly show,but are suspected of being affected withany disease or condition that under§§ 54.129 to 54.131, inclusive, may causecondemnation in whole or in part onpost-mortem inspection, shall be segre-gated from the other domestic rabbitsand held for separate slaughter, eviscer-ation, and post-mortem inspection. Theinspector shall be notified when such

segregated lots are presented for post-mortem inspection and inspection ofsuch rabbits shall be conducted sepa-rately. Such procedure for the correla-tion of ante mortem and post-mortemfindings by the inspector, as may beprescribed or approved by the Admin-istrator, shall be carried out.

§ 54.124 Quarantine of diseased domes-tic rabbits.

If live domestic rabbits, which are-affected by any contagious disease whichis transmissible to -man, are broughtinto an official establishment, suchdomestic rabbits shall be segregated.The slaughtering of such domestic rab-bits shall be deferred and they shall bedealt with in one-of the following ways:

(a) If it is determined by a veterinaryinspector that further handling of thedomestic rabbits will not create a healthhazard, the lot shall be subject to antemortem and post-mortem inspectionpursuant to the regulations in this part.

(b) If it is determined by a veterinaryinspector that further handling of thedomestic rabbits will create a healthhazard, such domestic rabbits may bereleased for treatment under the controlof an appropriate State or Federalagency. If the circumstances are suchthat release for treatment is impracti-cable, a careful rabbit-by-rabbit antemortem inspection shall be made, andall domestic rabbits found to be, or whichare suspected of being, affected with thecontagious disease transmissible to manshall be condemned.

POST-MORTEM INSPECTION

§ 54.125 Evisceration.No viscera or any part thereof shall be

removed from any domestic rabbitswhich are to be processed under inspec-tion in any official plant, except at thetime of evisceration and inspection.Each carcass to be eviscerated shall beopened so as to expose the organs andthe body cavity for proper examinationby the inspector and shall be preparedimmediately after inspection as ready-to-cook domestic rabbit.

§ 54.126 Carcasses held for further ex-amination.

Each carcass, including all partsthereof, in which there is any lesion ofdisease or other condition, which mightrender such carcass or any part thereofunfit for human food, and 'with respectto which a final decision cannot be madeon first examination by the inspector,shall be held for further examination.The identity of each such carcass, in-cluding all parts thereof, shall be main-tained until a final examination has beencompleted.

§ 54.127 Condemnation and treatmentof careasses.

Each carcass, or any part thereof,which is found to be unsound, unwhole-some, or otherwise unfit for human foodshall be condemned by the inspector andshall receive such treatment, under thesupervision of the inspector as will pre-vent its use for human food and precludedissemination of disease through con-sumption by animals.

§ 54.128 Certification of carcasses.Each carcass and all parts and organs

thereof which are found by the inspec-tor to be sound, wholesome, and fit forhuman food shall be certified as pro-vided in this part.

DISPOSITION OF DISEASED DOMESTICRABBIT CARCASSES AND PARTS

§ 54.129 General.

The carcasses or parts of carcasses of-all domestic rabbits inspected at an offi-cial establishment and found at the timeof post-mortem inspection, or at anysubsequent inspection, to be affected/with any of the diseases or conditionsnamed in other sections in this part,shall be disposed of in accordance withthe section pertaining to the disease orcondition. Owing to the fact that it isimpracticable to formulate rules for eachspecific disease or condition and to desig-nate at just what stage a disease processresults in an unwholesome product, thedecision as to the disposal of all car-casses, parts, or organs not specificallycovered by the regulations, or by instruc-tions of the Administrator issued pur-suant. thereto, shall be left to theinspector in charge, and if the inspectorin charge is in doubt concerning the dis-position to be made, specimens from'such carcasses shall be forwarded to thelaboratory for diagnosis.§ 54.130 Diseases or conditions evident

which require condemnation.(a) Carcasses of domestic rabbits af-

fected with or showing lesions of any ofthe following named diseases or condi-tions shall be condemned: Tularemia,Anthrax, ' Hemorrhagic, Septicemia,Pyemia, Septicemia, Leukemia, AcuteEnteritis, Peritonitis, Sarcomatosis, Me-tritis, Necro-bacillosis (Smorl's Disease),Tuberculosis, Emaciation, Streptobacil-lary Pseudotuberculosis, Advanced stagesof Snuffles. Rabbits from pathologicallaboratories shall be condemned.

(b) Any organ or part of a domesticrabbit carcass affected with a tumor shallbe condemned and when there is evi-dence that th*e general condition of therabbit has been affected by the size, po-sition, or nature of the tumor, the wholecarcass shall be condemned. In casesof malignant neoplasms involving anyinternal organ to be marked extent, oraffecting the muscles, skeleton, or bodylymph glands, even primarily, the wholecarcass shall be condemned.

(c) Carcasses of domestic rabbitsshowing any disease such as generalizedmelanosis, pseudoleukemia, and the like,which systemically affect the rabbit,shall be condemned.. (d) Any organ or part of a carcasswhich is badly bruised or which isaffected by an abscess, or a suppuratingsore, shall be condemned. Parts or car-casses which are contaminated by pusshall be condemned.

(e) Carcasses of rabbits contaminatedby volatile oils, paints, poisons, gases, orother substances which affect the whole-someness of the -carcass shall becondemned.

(f) All carcasses of domestic rabbits soinfected that consumption of the meator meat food products thereof may give



rise to meat poisoning shall be con-demned. This includes all carcassesshowing signs of any of the followingdiseases: Acute inflammation of thelungs, pleura, pericardium, peritoneum'or meninges; Septicemia or pyemia,whether traumatic, or without evidentcause; Gangrenous or severe hemorrhag-ic enteritis or gastritis; Polyarthritisand acute nephritis. Immediately afterthe slaughter of dny 'rabbit so infected,the infected premises and implements-used shall be thoroughly sanitized. Thepart or parts of any carcass coming intocontact with the carcass or any part ofthe carcass of any rabbit covered by thissection other than those affected withacute inflammation of the lungs, pleura,pericardium, peritoneum or meninges,shall be condemned. In case the con-taminated part is not removed from thecarcass within two hours after such con-tact the whole carcass shall be con-demned.

(g) Carcasses showing any degree oficterus with a parenchymatous degen-eration of organs, the result of infectionor intoxication, and those which, as -a.result of a pathological condition, showan intense yellow or greenish-yellow dis-coloration without evidence of infectionor intoxication shall be condemned.

(h) Carcasses of domestic rabbitsaffected with mange or scab in advancedstages, or showing emaciation or exten-sion of the inflammation to the flesh,shall be condemned. When the diseasedcondition is slight, the carcass may bepassed for food after removal and con-demnation of the affected parts.

(i) In the disposal of carcasses andparts of carcasses showing evidence ofinfestation with parasites not transmis-sible to man, the following general rulesshall govern: If the lesions are localized

,,in such manner and are of such char-acter that the parasites and the lesionscaused by them may be radically re-moved, the nonaffected portion of thecarcass, or part of the carcass may becertified for food after the removal andcondemnation of the affected portions.Where a part of a carcass shows numer-ous lesions caused by parasites, or thecharacter of the infestation is such thatcomplete extirpation of "the parasitesand lesions is difficult and uncertainlyaccomplished, or if the parasitic infesta-tion or invasion renders the organ orpart in any way unfit for food, the af-fected organ or part shall be condemned.Where parasites are found to be dis-tributed in a carcass in such a mann-ror to be of such a character that theirremoval and the removal of the lesionscaused by them are impracticable, nopart of the carcass shall be certified forfood and the entire carcass shall be con-demned. Carcasses infested with ahydatid cyst or cysts (Echinococcusgranulosis), transmissible to dogs andfrom dogs to man, shall in all cases becondemned regardless of the degree ofinfestation.

(j) Carcasses of domestic rabbits show-Ing such degree of emaciation or anemiccondition as would render the meat un-wholesome, and carcasses which show aslimy degeneration of the fat or a serous

infiltration of the muscles, shall be con-demned.

§ 54.131 Decomposition.

Carcasses of domestic rabbits deleteri-ously affected by post-mortem changesshall be disposed of as follows:

(a) Carcasses which have reached astate of putrefaction or stinking fermen-tation shall be condemned.

(b) Any part of a carcass which isgreen struck shall be condemned and ifthe carcass is so extensively affected thatremoval of affected parts is impracti-cable, the whole carcass shall be con-demned.

(c) Carcasses affected by types ofpost-mortem change which are superfi-cial in nature may be certified for foodafter removal and condemnation of af-fected parts.

§ 54.132 Disposal of condemned car-casses and parts.

All condemned carcasses, or parts ofcarcasses, shall be disposed of by one ofthe following methods, under the super-vision of an inspector of the InspectionService: (Facilities and materials forcarrying out the requirements in thissection shall be furnished by the officialestablishment.)

(a) Steam treatment (which shall beaccomplished by processing the con-demned product in a pressure tank underat least 40 pounds of steam pressure) orthorough cooking in a kettle or vat fora sufficient time to effectively destroy theproduct for human food purposes andpreclude dissemination of diseasethrough consumption by animals. Tanksand equipment used for this purpose orfor rendering or preparing inedible prod-ucts shall be in rooths or compartments

,separate from those used* for the prep-aration of edible products. There shallbe no direct connection, by means ofpipes, or otherwise, between tanks con-taining inedible products and those con-taining edible products.

(b) Incineration or complete destruc-tion by burning.

(c) Chemical denaturing, which shallbe accomplished by the liberal applica-tion to all carcasses and parts thereof,of:

(1) Crude carbolic acid(2) Kerosene, fuel oil or used crank

case oil, or(3) Any phenolic disinfectant Con-

forming to commercial standards CS 70-41 or CS 71-41 which shall be used in atleast 2 percent emulsion or solution.

(4) Any other substance that the Ad-ministrator approves which will d6char-acterize the carcasses or parts to theextent necessary to accomplish the pur-poses of this section.

REINSPECTION AND INGREDIENTS

§ 54.133 Reinspection 'of edible prod-ucts; ingredients.

(a) Any inspected and certified edibleproduct may be brought into an officialplant only if the container of such prod-uct is marked for identification in themanner prescribed in § 54.71(b) and theproduct is reinspected by an inspectorat the time it is brought into such plant.

Upon reinspection, if any such productor portion thereof is found to be un-sound, unwholesome; or otherwise unfitfor human food, such product, or portionthereof, shall be condemned and shallreceive treatment as provided in § 54.127.

(b) Any product which is preparedunder inspection in an official plant shallbe inspected in such plant as often asthe inspector deems it necessary in orderto ascertain whether such product issound, wholesome, and fit for human.food at the time such product leaves'such plant. Upon any such inspection,if any such product or portion thereof isfound to be unsound, unwholesome, orotherwise unfit for human food such-product or portion thereof shall be con-demned and shall. receive treatment asprovided in § 54.127.

(c) All substances and ingredientsused in the manufacture or preparationof any edible product shall be clean,sound, wholesome, and fit for humanfood. Liquid and frozen egg productsused in the preparation of any edible-product shall have been prepared undercontinuous inspection of the Department.

APPEALS

§ 54.134 Appeal inspections; howmade.

Any person receiving inspection serv-ice may, if dissatisfied with any decisionof an inspector relating to any inspec-tion, file an appeal from such decision:Provided, That such appeal is filedwithin 48 hours from the time the deci-sion was made. Any such appeal from adecision of an inspector shall be madeto his immediate superior having juris-diction over the subject matter of theappeal. Review of such appeal findings,when requested, shall be made by theimmediate superior of the employee ofthe Department making the appeal in-spection. The cost of any such appeal'shall be borne by the appellant if theAdministrator determines that the ap-peal is frivolous. The charges for suchfrivolous appeal shall be at the rate of$5.40 per hour for the time required tomake the appeal inspection.

INSPECTION CERTIFICATES

§ 54.140 Forms of inspection certifi-cates.

Each inspection certificate issued pur-suant to the regulations in this part shall-be approved by the Administrator as toform, and:

(a) Each domestic rabbit inspectioncertificate shall show the class or classesof domestic rabbits, the quantity of prod-uct contained in the respective lot, andall pertinent information concerning thecondition and wholesomeness thereof;

(b) Each food product inspection cer-tificate shall show the names of theedible products covered by such certifi-cate, the quantity of each such product,such shipping marks as are necessary toidentify such products, and all pertinentinformation concerning the conditionand wholesomeness thereof;- (c) Each export certificate shall showthe respective names of the exporter andthe consignee, the destination, the ship-ping marks, the numbers of the export


stamps attached to the edible productsto be exported and covered by the cer-tificate, and the names of such productsand the total net weight thereof.

§-54.141 Issuance and disposition ofdomestic rabbits inspection certifi-cates.

(a) Upon the request of an interestedparty, any inspector is authorized toissue a domestic rabbit inspection cer-tificate with respect to any lot of domes-tic rabbits inspected by him. Each cer-tificate shall be signed by the inspectorwho made the inspection covered by thecertificate, and if more than one inspec-tor participated in the inspection of thelot of domestic rabbits, each such inspec-tor shall sign the certificate with respectto such lot

(b) The original and a copy of eachinspection certificate, ,issued pursuant to§§ 54.140 to 54.144, and not to exceed twoadditional copies thereof if requested bythe applicant prior to issuance, shall, im-mediately upon issuance, be delivered ormailed to the applicant or person desig-nated by him. One copy shall be filedin the office of the area supervisor serv-ing the area in which the inspection wasperformed, and the remaining copiesshall be disposed of in such manner asthe Administrator may approve. Addi-tional copies of any such certificate maybe furnished to any interested party asprovided in § 54.105.§ 54.142 Food product inspection cer-

tificates; issuance and disposition.

(a) Upon the request of an interestedparty, any inspector is authorized ,toissue a food product inspection certificatewith respect to any inspected and certi-fied edible product after suitable exam-ination of the product has been made bythe inspector.

(b) The original of each food productInspection certificate, and not to exceedtwo copies thereof, if requested, shall,immediately upon issuance, be deliveredor mailed to the applicant or persondesignated by him. Another copy shallbe filed in the office of the regional super-visor serving the area in which such cer-tificate was issued, and one copy shall beforwardqd to the Administrator. Thelast named two copies shall be retaineduntil otherwise ordered by the Admin-istrator.

§ 54.143 Export certificates; issuancesand disposition.

(a) Upon the request of an exporter,any inspector is authorized to issue anexport certificate with respect to theshipment to any foreign country of anyinspected and certified edible productafter suitable examination of the producthas been made by the inspector.

(b) Each export certificate shall beIssued in quintuplicate; the original shallbe delivered to the exporter who re-quested such certificate; and the dupli-cate copy shall be delivered to the agentof the railroad or other carpier transport-ing such products from the UnitedStates. The triplicate copy of such ex-port certificate shall be forwarded to theAdministrator;. the quadruplicate copyshall be filed in the office of the regionalsupervisor serving the area in which

FEDERAL REGISTER

such export certificate was issued andthe memorandum copy shall be retainedby the inspector for filing. The lastnamed three copies shall be retaineduntil otherwise ordered by the Admin-istrator.

§ 54.144 Advance information.. Upon the request of an applicant, all

or part of the contents of any inspectioncertificate issued to such applicant maybe telephoned or telegraphed to him, orto any person designated by him, at hisexpense.

GRADING

§ 54.150 General.

Grading service performed with re-spect to any quantity of products shall,as the case may require, be on the basisof an examination, pursuant to the reg-ulations in this part, of each unit thereofor of each- unit in the representativesample thereof drawn by a grader.Whenever the grading service is per-formed on a representative sample basis,such sample shall be drawn and consistof not less than the minimum num-ber of containers as indicated in thefollowing table:[Minimum number of- containers comprising

a representative sample]

ContainersCon.1iners in lot: in samples

3 containers, or less -------------- (1)4 to 10, inclusive ------------------ 311 to 20, inclusive ----------------- 421 to 50, inclusive ------------------ 751 to 100, inclusive ---------------- 10In excess of 100 containers -------- (2)'All containers.2 10 percent of the number of containers

in the lot.

§ 54.152 Ready-to-cook domestic rab-bits.

(a) In an official plant. Gradingservice performed in an official plantwith respect to ready-to-cook domesticrabbits shall, as the case may require,be on the basis of each individual car-cass or on a representative sample basis.

(1) Only such ready-to-cook domesticrabbits which have been inspected andcertified, pursuant to the regulations inthis part, or have been inspected andpassed by any other official inspectionsystem which is acceptable to the Ad-ministrator, may be graded.

(2) Only such ready-to-cook domesticrabbits which are of A Quality or BQuality and which were graded on anindividual carcass basis by a grader orby a limited licensee, pursuant to§ 54.20(d) and thereafter check gradedby a grader may be individually identi-fied with the appropriate grade mark,and any container of such ready-to-cookdomestic rabbits may also be so identi-fied. The grading of ready-to-cook do-mestic rabbits shall be performed priorto the disjointing or cutting up of thecarcass.

(3) If the ready-to-cook" domesticrabbits are of C Quality only the bulkcontainer of such ready-to-cook domes-tic rabbits may be identified with theappropriate grade mark even though thegrading may have been performed onan individual carcass basis.

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I (b) At terminal markets and otherreceiving points. Grading service per-formed with respect to ready-to-cookdomestic rabbits at terminal marketsand other receiving points may be ona representative sample basis. Onlyready-to-cook domestic rabbits whichwere processed in an official plant andare graded on an individual carcass basismay be individually identified with agrade mark. Only ready-to-cook do-mestic rabbits which were inspected andcertified and are marked with the in-spection mark or in accordance withthe' provisions of § 54.71(b) may begraded.

BASIS OF ACCEPTABILITY OF OTHEROFFICIAL INSPECTION SYSTEMS

§ 54.160 General.

Any domestic rabbit inspection sys-tem may be deemed to be acceptable tothe Administrator which- (a) iS con-ducted under the authority of laws, or-dinances, or similar enactments of theState, county, city, or other politicalsubdivision in which is located the offi-cial plant at which the ready-to-cookdomestic rabbits are prepared and sub-mitted for grading service; and (b) im-poses at least the requirements set forthin § 54.161: Provided, That no such in-spection shall be deemed acceptable tothe Administrator with respect to anyofficial plant in which ready-to-cook do-mestic rabbits are prepared if he findsat any time that such requirements arenot adequately enforced.

§ 54.161 Requirements as to manner ofinspection.

(a) The inspection shall be conductedby an inspector who is a qualified vet-erinarian or under the supervision of aqualified veterinarian. All such inspec-tors shall be employed by the State,county, city, or other political subdivi-sion in which the official plant is located.

(b) The inspection shall include post-mortem examination of each domesticrabbit carcass during the eviscerationoperation.

(c) All carcasses which show evidenceof disease or any other condition whichmay render them unwholesome or unfitfor food shall be condemned and shallbe destroyed for food purposes under thesupervision of an inspector. Each car-cass and part thereof which has beeninspected and passed or containers ofcarcasses or parts thereof shall bear theidentifying inspection symbol of the of-ficial inspection system and the markingdevices or labels shall be in the custodyof the inspector at all times.§ 54.162 Determining compliance with

*§ 54.161.A qualified veterinary supervisor of

the domestic rabbit grading service shallinvestigate the manner of operation ofthe inspection system to determine theadequacy of the post-mortem examina-tion and the compliance with the re-quirements contained in §§ 54.160 to54.162 prior to approving the officialplant for the grading of ready-to-cookdomestic rabbits. This supervisor as wellas any official graders who may be sta-tioned in the official plant shall periodi-cally observe the inspection operations

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in the official plant to determine that therequirements of §§ 54.160 to 54.162 arebeing met. If at any time the inspectorfails to enforce the requirements as setforth in the inspection system, gradingservice may be withdrawn from the offi-cial plant.

GRADINd CERTIFICATES

§ 54.170 Forms.

Grading certificates (including appeal.grading certificates) shall be issued onforms approved by the Administrator.

§ 54.17-1 Issuance and disposition.(a) Each grader shall issue a grad-

Ing certificate covering each productgraded.

(b) The original and a copy of eachgrading certificate, issued pursuant to§ 54.170 to 54.172, and not to exceedtwo additional copies thereof if requestedby the applicant prior to issuance, shall,immediately upon issuance, be deliveredor mailed to the applicant or person des-ignated by him. One copy shall be filedin the office of the area supervisor serv-ing the area in which the grading wasperformed, and the remaining copies tobe disposed of in such manner .as theAdministrator may approve. Additionalcopies of any such certificate may befurnished to any interested party asprovided in § 54.105.

§ 54.172 Advance information.

Upon request of an applicant, *all orpart of the contents of any grading cer-tificate issued to such applicant may betelephoned or telegraphed to him, or toany person designated by him, at hisexpense.

- .APPEAL GRADING

§ 54.190 Application for appeal grad-ing.

An application for an appeal gradingmay be made by any interested partywho is dissatisfied with any determina-tion stated in any grading certificateonly if the identity of the product, orrepresentative sample thereof, on thebasis of which a determination wasmade has not been lost, and such ap-plication for the appeal grading is madewithin two days following the day onwhich the gtading was performed.Upon approval by the Administrator, thetime within which an application foran appeal grading may be made maybe extended.

§ 54.191 How to obtain appeal grading.

Appeal grading may be obtained byfiling a request therefor (a) with theAdministrator, (b) with the grader whoissued the grading certificate with re-spect to which the appeal grading is.requested, (c) with the immediate supe-rior of such grader, or (d) with theofficer in charge of any office of grad-ing. The application for appeal grad-ing shall clearly state the reasons there-for and may be accompanied by a copyof the aforesaid grading certificate or"any-other information the applicant mayhave secured regarding the product, atthe time of grading, from which theappeal is made. Such application maybe made orally (in person or by tele-phone), in writing, or by telegraph. If


made orally, written confirmation maybe required.

§ 54.192 Record of filing time.

A record showing the date and hourwhen each such application for appealgrading is received shall be maintainedin such manner as the Administratormay prescribe.

§ 54.193 When an application for anappeal grading May be refused.

Notwithstanding the provisions of§ 54.190, if it appears to the Administra-tor that the reasons for an appeal grad-ing are frivolous or not substantial, orthat the quality or condition of the prod-ucts has undergone a material changesince the grading from which the appealis made, or the identical products thatWere examined to ascertain the gradethereof cannot be made accessible forreexamination, or the act or regulationsin this part have not been complied with,the Administrator may refuse the appli-cant's request for the appeal grading,and such applicant shall be promptlynotified of the-reason for such refusal.

§ 54.194 When an application for ap-peal grading may be withdrawn.

An application for appeal grading maybe withdrawn by the applicant at anytime before the appeal grading is r'ladeupon payment, by the applicant, of allexpenses incurred by the Service in con-nection with such application.

§ 54.195 Who shall perform the appeal-grading.

An- appeal grading of any graded prod-uct shall be made by any grader (otherthan the one from whose grading theappeal is made) designated for this pur-pose by the Administrator; and, when-'ever practical, such appeal grading shallbe conducted jointly by two such graders.

§ 54.196 Appeal grading by immediatesuperior.

Notwithstanding the provisions of§§54.190 to 54.198, whenever the im-mediate superior of a grader has evi-dence that such grader incorrectlygraded a product, such superior shallimmediately make a regrading of theproduct.

§ 54.197 Order of performance of ap-peal gradings.

Appeal gradings shall be performed,Insofar as practical, in the order inwhich applications therefor are received;but any such application may be givenprecedence pursuant to § 54.37.

§ 54.198 Appeal grading certificates.

Immediately after an appeal gradinghas been completed, an appeal gradingcertificate shall be issued. If the resultsof the appeal grading indicate that theoriginal grading was not materially inerror, the appeal grading certificate shallconfirm the original grading. If the re-sults of the appeal grading indicate thata material error was made in the orig-inal grading, the results of such appealgrading shall be shown on the appealgrading certificate and the appeal grad-ing certificate shall supersede any pre-vious grading Certificate for the product

involved. Such supersedure shall beeffective as of the time of issuance of thegrading certificate with respect to whichthe appeal is made. Each appeal grad-ing certificate shall clearly set forth thenumber and the date of the grading cer-tificate which it supersedes. The Admin-istrator may withhold the issuance of anappeal grading certificate until the orig-inal grading certificate which it super-sedes has been returned to the issuingoffice-when such action is deemed-neces-sary to protect the interest of the Gov-ernment. The provisions of H§ 54.170 to54.172 shall, whenever applicable, alsoapply to appeal grading certificates ex-cept that copies of such appeal grading.certificates shall be furnished to eachinterested party of record.

SUPERSEDED CERTIFICATES.

§ 54.205 Superseded certificates.Whenever any grading certificate is

superseded in accordance with the regu-lations in this part such certificate shallbecome null and void as of the effectivetime of supersedure. If the original andall copies of such superseded certificateare not delivered to the person issuingthe regrading certificate or appeal grad-ing certificate, he shall notify such per-sons as he considers necessary to preventfraudulent use of the superseded cer-tificate.

SANITARY REQUIREMENTS

GENERAL

§ 54.210 Mipimum standards for sani-tation, facilities, and operating pro-cedures in official plants.

The provisions of §§ 54.210 to 54.247shall apply with respect to grading serv-ice and inspection service in all officialplants. The table set forth in § 54.247indicates some of the types of materialwhich may be used in the constructionof equipment, utensils and facilities foruse in the plant.

BUILDINGS AND PLANT FACILITIEs

§ 54.220 Buildings.

The buildings shall be of sound con-struction and kept in good repair, andshall be of such construction as to pre-vent the entrance or harboring of ver-min.

(a) Outside openings. (1) The doors,windows, skylights and other outsideopenings of the plant, except receivingrooms and live rabbit holding rooms,shall be protected by properly fittedscreens or other suitable devices againstthe entrance of flies and other insects.

(2) Outside doors, except in receivingrooms and live rabbit holding rooms shallbe self-closing and so hung that not over/4 inch clearance remains when. closed.Screen doors shall open toward the out-side of the building.

§ 54,221 Rooms and compartments.Rooms and compartments used for

edible products shall be separate anddistinct from inedible products depart-ments and from rooms where rabbits areslaughtered and skinned. . Separaterooms shall be provided when requiredfor conducting processing operations ina sanitary manner; and all rooms shall


be of sufficient size to permit the Installa-tion of the necessary equipment forprocessing operations and the conduct ofsuch operations in a sanitary manner.

(a) Rooms for separate operation.The official plant should have separaterooms for each of the following opera-tions depending upon the various typesof operations conducted; but in no caseshall the receiving or holding of live rab-bits or killing operations be permitted inrooms in which eviscerating operationsare performed:

(1) The receiving and feeding of liverabbits.

(2) Killing and skinning operations.(3) Eviscerating,, chilling; and pack-

ing operations for ready-to-cook rabbits.(4) Inedible products departments.(5) Refuse room.(b) Rooms for holding carcasses for

further inspection. Rooms and com-partments in which carcasses or partsthereof are held for further inspectionshall be in such number and such loca-tion as the needs of the inspection inthe plant may require. They shall be'equipped with locks and keys and thekeys shall not leave the custody of theinspector in" charge of the plant. Allsuch rooms and compartments shall bemarked conspicuously with the word"retained" in letters not less than 2inches high.

(c) Coolers and freezers. Coolersand freezers of adequate size and capac-ity shall be provided to reduce the in-ternal temperature of ready-to-cook do-mestic rabbits prepared and otherwisehandled in the plant to 360 F. within 24hours unless other cooling facilities areavailable.

(d) Refuse rooms. Refuse rooms shallbe entirely separate from other roomsin the plant, and shall have tight fittingdoors and be properly ventilated.

(e) Storage and supply rooms. Thestorage and supply rooms shall be ingood repair, kept dry, and maintainedin a sanitary condition.

(f) Boiler room. The boiler roomshall be a separate room, if necessary, toprevent its being a source of dirt and ob-jectionable odors entering any roomwhere ready-to-cook rabbits are pre-pared, processed, handled and stored.

(g) Inspector's office. Furnished of-fice space, including, but not being lim-ited to, light, heat and janitor serviceshall be provided rent free in the officialplant, for the exclusive use for officialpurposes of the inspector or grader andthe Administration. The room or roomsset apart for this purpose must meetwith the approval of the regional super-visor and be conveniently located, prop-erly ventilated and provided with lockersor cabinets suitable for the protectionand storage of supplies and with facili-ties suitable for inspectors and gradersto change clothing.

(h) Toilet rooms. Toilet rooms open-ing directly into rooms where domesticrabbit products are exposed shall haveself-closing doors and shall be ventilatedto the outside of the building.§ 54.222 Floors, walls, ceilings, etc.

(a) Floors. All floors in rooms whereexposed products are prepared or

FEDERAL REGISTER

handled shall be constructed of, or fin-ished with materials impervious to mois-ture, so they can be readily and thor-oughly cleaned. 'The floors in killing,ice cooling, ice packing, eviscerating,cooking, boning, and cannery roomsshall be graded for complete runoff withno standing water.

(b) Walls, posts, partitions, doors.All walls, posts, partitions, and doors inrooms where exposed products are pre-pared or handled shall be smooth andconstructed of materials impervious tomoisture to a height of six feet above thefloor to enable thorough cleaning. Allsurfaces above this height must besmooth and finished with moisture-re-sistant material.

(c) Ceilings. Ceilings must be mois-ture-resistant in rooms where exposedproducts are prepared or handled, andfinished and sealed to prevent collec-tion of dirt or dust that might siftthrough flooring above or fall front col-leting surfaces on equipment or exposedproduct.§ 54.223 Drainage and plumbing.

There shall be an efficient drainageand plumbing system for the plant andpremises.

(a) Drains and gutters. All drainsand gutters shall be properly installedwith approved traps and vents. Thedrainage and plumbing system mustpermit the quick run-off of all waterfrom plant buildings, and surface wateraround the plant and on the premises;and all such water shall be disposed ofin such a manner as to prevent a nuisanceor health hazard.

(b) Sewage and plant wastes. (1) Thesewerage system shall have adequateslope and capacity to remove readily allwaste from the various processing op-erations and to minimize, and if possibleto prevent, stoppage and surcharging ofthe system.

(2) Grease traps which arq connectedwith the sewerage system shall be suit-ably located but not near any edibleproducts department or in any areawhere products are unloaded from, orloaded into, vehicles. To facilitate clean-ing, such traps shall, have inclined bot-toms -and be provided with suitablecovers.

(3) Toilet soil lines shall be separatefrom house drainage lines to a point out-side the buildings unless they are posi-tively trapped to prevent backing up.Drainage from toilet bowls and urinalsshall not be discharged into a greasecatch basin.

(4) All floor drains shall be equippedwith traps, constructed so as to mini-mize clogging; and the plumbing shall beso installed as to prevent sewerage frombacking up and from flooding the floor.

(5) Floor drainage lines should be ofmetal and at least 4 inches in diameterand open into main drains of at least 6inches in diameter and shall be properlyvented to outside air.

(6) Where refrigerators are equippedwith drains, such drains should be prop-erly trapped and should dischargethrough an air gap into the sewer sys-tem. All new installations, and all re-placements, or refrigerators equipped

7387

with drains shall meet these require-ments.

§ 54.224 Water supply.

The water supply shall be ample, clean,and potable with adequate facilities forits distribution in the plant, and its pro-tection against contamination and pol-lution.

(a) Hot water at a temperature notless than 1800 F. shall be available forsanitation purposes.

(b) Hose connections with steam andwater mixing valves or hot water hoseconnections shall be provided at con-venient locations throughout the plantfor cleaning purposes.

(c) The refuse rooms shall be providedwith adequate facilities for washingrefuse cans and other equipment in therooms; and the rooms, cans, and equip-ment shall be cleaned after each day'suse.

§ 54.225 Lavatory accommodations.

Modern lavatory accommodations, andproperly located facilities for cleaningutensils and hands, shall be provided.

(a) Adequate lavatory and toilet ac-commodations, including; but not beinglimited to, running hot water and coldwater, soap, and towels, shall be provided.Such accommodations shall be in or neartoilet and locker rooms and also at suchother places in the plant as may be es-sential to the cleanliness of all personnelhandling products.

(b) Sufficient metal containers shallbe provided for used towels and otherwastes.

(c) An adequate number of handwashing facilities serving areas wheredressed domestic rabbits and edibleproducts are prepared shall be operatedby other than hand-operated controls, orshall be of a continuous flow type whichprovides an adequate flow of water forwashing hands.

(d) Durable signs shall be posted con-spicuously in each toilet room and lockerroom directing employees to wash theirhands before returning to work.

(e) Toilet facilities shall be providedaccording to the following formula:

Toilet bowlsPersons of same sex: required

1 to 15, inclusive ---------------- 116 to 35, inclusive ---------------- 236 to 55, inclusive ------- -356 to 80, inclusive ..... '4For each additional 30 persons in

excess of 80 ------------------- 1

'Urinals may be substituted for toiletbowls but only to the extent of '/3 of thetotal number of bowls stated.

§ 54.226 Lighting and ventilation.

There shall be ample light, eithernatural or artificial or both, of goodquality and well distributed, and suffi-cient ventilation for all rooms and com-partments to insure sanitary conditions.

(a) All rooms in which domestic rab-bits are killed, eviscerated, or otherwiseprocessed shall have at least 30 footcandles of light intensity on all workingsurfaces except that at the grading andinspection stations such light intensityshall be of 50 foot candles. In all otherrooms there shall be provided at least5 foot candles of light intensity when


measured at distance of 30 Inches fromthe floor.

(b) All rooms shall be adequatelyventilated to eliminate objectionableodors and minimize moisture conden-sation.

EQUIPMENT AND UTENSILS

5 54.230 Equipment and utensils.

Equipment and utensils used for thepreparation, processing, or other han-dling of any product in the plant shallbe suitable for the purpose intended andshall be of such material and construc-tion as will facilitate their thoroughcleaning and insure cleanliness in thepreparation and handling of products.(a) Live rabbit holding pens shall beso constructed as to allow satisfactoryante mortem examination and to permitproper cleaning.

(b) Metal refuse containers shall beprovided; and such containers shall bekept covered.

(c) Insofar as it is practical, equip-ment and utensils shall be made of metalor other impervious material. Trucksand receptacles used for handling ined-ible products shall be of similar construc-tion and shall be conspicuously and dis-tinctly marked and shall not be used forhandling any edible products.

(d) Chilling vats or tanks used forchilling ready-to-cook domestic rabbitsshall be made of metal or other hard-surfaced impervious material.

(e) Where grading bins are used forready-to-cook domestic rabbits theyshall be of sufficient number and capac-ity to handle the grading adequatelywithout the use of makeshift bins andall ready-to-cook domestic rabbits shallbe kept off the floor. Grading bins maybe made of metal or enameled wood andshall be constructed and maintained insuch a manner as to allow easy and thor-ough cleaning. All replacements of suchbins shall, however, be of metal.

(f) Except as otherwise provided here-in, all equipment and utensils used in thekilling, skinning, eviscerating, chilling,and packing rooms shall be of metal orother impervious material and con-structed so as to permit proper and com-plete cleaning.

(g) Conveyors: (1) Conveyors used inthe preparation of ready-to-cook domes-tic rabbits shall be of metal or other ac-ceptable material and of such construc-tion -as to permit thorough and readycleaning and easy identification of vis-cera with its carcass.

(2) Overhead conveyors shall be soconstructed and maintained that theydo not allow grease, oil, or dirt to accu-mulate on the drop chain or shackle,which shall be of noncorrosive metal.

(3) Non-metallic belt-type conveyorsused in moving edible products shall beof water-proof composition.

(h) Inspection, eviscerating, and cut-ting tables shall be made of metal andhave coved corners and be so constructedand placed to permit thorough cleaning.

(i) In plants where no conveyors areused, each carcass shall be eviscerated inan individual metal tray of seamless con-struction.

(j) Water spray washing equipmentshall be used for washing carcasses insideand out.

(k) Watertight metal receptacles shallbe used for entrails and other waste re-sulting from preparation of ready-to-cook domestic rabbits.

(1) Watertight trucks and receptaclesfor holding or handling diseased car-casses and diseased parts of carcassesshall be so constructed as to be readilyand thoroughly cleaned; such trucks andreceptacles shall be marked in a con-spicuous manner with the word "con-demned" in letters not less than 2 incheshigh and, when-required by the inspectorin charge, shall be equipped with facili-ties for locking and sealing.

(in) Freezing rooms should be ade-quately equipped to freeze ready-to-cookdomestic rabbits solid in less than 48hours. Ready-to-cook domestic rabbitsshould be frozen at temperatures of-10 ° F. to -40 ° F. and should be storedat 00 F. or below, with the temperaturemaintained as constant as possible.Freezing rooms should be equipped withfloor racks or pallets and fans to insureair circulation.

(n) Cooling racks should be made ofmetal and be readily accessible for.thor-ough washing and cleaning. All re-'placements of cooling racks shall bemade of metal.

(o) Trucks and receptacles in whichcarcasses or parts thereof are held forfurther inspection shall be in such num-ber and such location as the needs of theinspection in the plant may require.They shall be equipped for locking bymeans of lock and key and the key shallnot leave the custody of the inspector incharge of the plant. Such trucks andreceptacles shall be marked conspicu-ously with the word "retained" in lettersnot less than 2 inches high.

§ 54.231 Accessibility.All equipment shall be so placed as to

be readily accessible for all processingand cleaning operations.

§ 54.232 Restrictions on use.Equipment and utensils used in the

official plant shall not be used outsidethe official plant except under such con-ditions as may be prescribed or approvedby the national supervisor, and equip-ment used in the preparation of anyarticle (including, but not being limitedto, animal food), from inedible materialshall not be used outside of the inedibleproducts department except under suchconditions as may be prescribed or ap-proved by the national supervisor.

MAINTENANCE OF SANITARY CONDITIONS ANDPRECAUTIONS AGAINST CONTAMINATION OFPRODUCTS

§ 54.240 General.

-The premises shall be kept free fromrefuse, waste materials, and all othersources of objectionable odors andconditions.

§ 54.241 Cleaning of rooms and com-partments.

Rooms, compartments, or other partsof the official plant shall be kept cleanand in sanitary condition.

(a) All blood, offal, rabbits Or partsof rabbits too severely damaged to besalvaged and all discarded containers

and other materials shall be completelydisposed of daily.

(b) All windows, doors, and light fix-tures in the official plant shall be keptclean.

(c) All docks and rooms shall be keptclean and free from debris and unusedequipment and utensils.

(d) Live rabbit receiving docks andreceiving rooms shall be of such con-struction as readily to permit theirthorough cleaning; and such docks androoms should be kept clean at all times.

(e) Floors in live rabbit holding roomsshall be cleaned with such regularity asmay be necessary to maintain them in asanitary condition.

(f) The killing and skinning roomshall be kept clean and free from offen-sive odors at all times.

(g) The walls, floors, and all equip-ment and utensils used in the killingand skinning room shall be thoroughlywashed and cleaned after each day'soperation.

(h) The floor in the killing and skin-ning rooms shall be cleaned frequentlyduring killing and skinning operationsand be kept reasonably free from accu-mulated blood, offal, water and dirt.

(i) All equipment in the toilet roomand locker room, as well as the room it-self, shall be kept clean, sanitary, and ingood repair.

(j) Cooler and freezer rooms shall befree from objectionable odors of anykind and shall be maintained in a sani-tary condition (including, but not beinglimited to, the prevention of drippingsfrom refrigerating coils onto products).§ 54.242 Cleaning of equipment and

utensils.

Equipment and utensils used for pre-;paring or otherwise handling any prod-uct shall be kept clean and in a sanitarycondition and in good repair.

(a) Pens shall be cleaned regularlyand the manure removed from the plantdaily.

(b) All equipment and utensils usedin the killing and skinning rooms shallbe thoroughly washed and cleaned aftereach day's operation. The eviscerating,chilling, and packing room, and equip-ment and utensils used therein shall bemaintained in a clean and sanitarycondition.

(c) Graders' and packers' gloves andgrading bins shall be washed daily andused only for grading or packing, as thecase may be.

(d) All crates or pens used for trans-porting live domestic rabbits to the plantshall be cleaned regularly.

(e) Chilling vats or tanks, if practi-cable, shall be emptied after each use.They shall be thoroughly cleaned oncedaily, and after each cleaning operationthey shall be sanitized with such com-pounds or by such methods as may beapproved or prescribed by the Admin-istrator.

(f) When synchronized overhead con-veyors and tray conveyors are used, thetrays shall, be completely washed andsanitized after being automatically emp-tied of inedible viscera.

(g) When a conveyor tray operation Isused, each carcass shall be eviscerated inan individual metal tray of seamless con-


struction; and such trays shall be com-pletely washed and sanitized after eachuse.

(h) Tables, shelves, bins, trays, pans,knives, and all other tools and equipmentused in the preparation of ready-to-cookdomestic rabbits shall be kept clean andsanitary at all times. Cleaned equipment.and utensils shall be drained on racksand shall not be nested.

(i) Drums, cans, tanks, vats, and otherreceptacles used to hold or transportready-to-cook domestic rabbits shall bekept in a clean and sanitary condition.

§ 54.243 Operations and procedures.

Operations and procedures involvingthe preparation, storing, or handling ofany product shall be strictly in accordwith clean and sanitary methods.

(a) There shall be no handling orstoring of materials which create an ob-jectionable condition in rooms, compart-ments, or other places in the plant whereany product is prepared, stored, orotherwise handled.

(b) Blood from the killing operationshall.be confined to a relatively smallarea and kept from being splashed aboutthe room.

(c) In the final washing, the carcass*shall be passed through a system ofsprays providing an abundant supply offresh clean water.

(d) The floors in the evisceratingroom shall be kept clean and reasonablydry during eviscerating operations andfree of all refuse.

(e) Conveyors shall be operated atsuch speeds as will permit a sanitaryeviscerating operation and will permitadequate inspection for condition andwholesomeness.

(f) Mechanized packaging equipmentshall be maintained in good sanitarycondition.

(g) All offal resulting from the evis-cerating operation shall be removed asoften as necessary to prevent the devel-opment of a nuisance.

(h) Paper and other material used forlining containers in which products arepackaged shall be of such kinds as donot tear readily during use, but remainintact when moistened by the product.Wooden containers to be used for pack-

"aging ready-to-cook rabbits shall befully lined except when the individualcarcasses to be packaged therein arefully wrapped.

(i) Protective coverings shall be usedfor the product in the plant and as it isdistributed from the plant, as will affordadequate protection for the productagainst contamination by any foreignsubstance (including, but not beinglimited to, dust, dirt, and insects), con-sidering the means intended to be em-ployed in transporting the product fromthe plant.

(j) Refuse may be moved directly toloading docks only for prompt removal.

(k) Cleanliness- and hygiene of per-sonnel: (1) All employees coming in con-tact with exposed edible products oredible products handling equipment shallwear clean garments and should wearcaps or hair nets, and shall keep theirhands clean at all times while thusengaged.

No. 152---6

(2) Hands of employees handlingedible products or edible products han-dling equipment shall be free of infectedcuts, boils, and open sores at all timeswhile thus engaged.

(3) Every person after each use oftoilet or change of garments shall washhis hands thoroughly before returningto duties that require the handling of.edible products or containers therefor,or edible products handling equipment.

(4) Neither smoking nor chewing oftobacco shall be permitted in any roomwhere exposed edible products are pre-pared, processed, or otherwise handled,

§ 54.244 Temperatures and cooling andfreezing procedures.

Temperatures and procedures whichare necessary for cooling and freezingof domestic rabbits in accordance withsound commercial practice shall bemaintained in the coolers and freezers,and chilling temperatures and proce-

* dures shall also be in accordance withsound commercial practice.

(a) Cooling.. Immediately after evis-.ceration and washing of the carcass, itshall be placed in a cooling tank contain-ing running cold tap water to remove theanimal heat from the carcass. Car-casses shall not be allowed to remain inthe cooling tank for longer than onehour.

(b) Air chilling. Immediately afterthe initial water chilling, the carcassesshall be placed in cooling racks andthereupon placed in a refrigerated coolerwith moderate air movements and atemperature which will reduce the in-ternal temperature of the carcasses tofrom 36 ° F. to 40 ° 'F., both inclusive,within 24 hours.

(c) Freezing. (1) When ready-to-cook domestic rabbits are packaged inbulk or shipping containers, the car-casses should be individually wrapped orpackaged in water-vapor resistant car-tons or the containers should be linedwith heavy water-vapor resistant paperso as to assure adequate overlapping ofthe lining to completely surround thecarcasses and to permit unsealed closureor sealing in such a manner that water-vapor loss from the product is consider-ably retarded or prevented. The rabbitcarcasses should receive an initial rapidfreezing under.such packaging, tempera-ture, air circulation, and stacking con-ditions which will result in freezing thecarcasses solid in less than 48 hours.

(2) Frozen ready-to-cook rabbits shallbe held under conditions which willmaintain the product in a solidly frozenstate with temperature maintained asconstant as possible.

(d) Refrigeration. Immediately afterpackaging, all ready-to-cook domesticrabbits, other than those which areshipped from the plant in a refrigeratedcarrier, should be moved into the freezer,except that a period not exceeding 72hours will be permitted for transporta-tion and temporary holding before plac-ing in the freezer provided such rabbitsare held at not above 36 ° F.

§ 54.245 Vermin.

Every practicable precaution shall betaken to exclude flies, rats, mice, and

other vermin from the official plant.Dogs, cats, and other pets shall be ex-cluded from rooms where edible productsare processed, handled, or stored.

§ 54.246 Exclusion of diseased persons.

No person affected with any communi-cable disease (including, but not beinglimited to, tuberculosis) in a transmis-sible stage shall be permitted in anyroom or compartment where exposed orunpacked edible products are prepared,processed, or otherwise handled.

§ 54.247 Table showing types of ma-terials.

Equipment, Stainless Galva-utensils, and Iron steel and Aluml- nized

facilities monel num ironmetal

Holding pens- A A A AOverhead eon. A A A A

veyors.Conveyor track.. A A AShackles -------------- A AShackle chain .... A A -------- AEviscerating -------- A A A

pans.Inspection table -.....-- A A AInside and out- -------- A A Aside washer.

Cooling tanks -------- A A Aand racks.

Utensils for han- --------.A A Adling edibleproducts.

Framework (of Aequipment).

Key: A-Acceptable.

Subpart B-United States Standardsfor Domestic Rabbits and EdibleProducts Thereof

U.S. SPECIFICATIONS FOR CLASSES OFREADY-TO-COOK DoMEsnc RABBITS

§ 54.260 General.

For the purpose of § § 54.260 to 54.262,the classes of ready-to-cook domesticrabbits are fryer rabbits and roaster rab-bits. The flesh of v fryer domestic rab-bit is tender and-fine-grained, and of abright pearly white color. The flesh of aroaster domestic rabbit is more firm andcoarse-grained; the muscle fiber isslightly darker in color and less tenderthan that of a fryer domestic rabbit;and the fat may be more creamy in colorthan that of a fryer domestic rabbit.

§ 54.261 Fryer.

A fryer is a young domestic rabbitcarcass weighing not less than 11/2pounds and rarely more than 31/2pounds; and processed from a rabbitusually less than 12 weeks of age.

§ 54.262 Roaster.

A roaster is a mature or old domesticrabbit carcass of any weight but usuallyover 4 pounds; and processed from arabbit over 12 weeks of age, usually 8months old or older.

U.S. SPECIFICATIONS FOR STANDARDS OFQUALITY FOR INDIVIDUAL READY-To-COOK DOMESTIC RABBITS

§ 54.270 General.

Carcasses found to be unsound, un-'wholesome, or unfit for food shall not beincluded in any of the quality designa-tions specified in §§ 54.275 to 54.277.


PROPOSED 'RULE MAKING

STANDARDS OF QUALITY

§ 54.275 A Quality.To be of A Quality the carcass:(a) Is short, thick, well-rounded, and

full-fleshed.(b) Has a broad back, broad hips, and

broad, deep fleshed shoulders, and firmmuscle texture.

(c) Has a fair quantity of Interior fatin the crotch and over the inner wallsof the carcass, and a moderate amountof interior fat around the kidneys.

(d) Shows no evidence of coagulatedblood in the veins and is free from anyevidence of reddening of the flesh dueto blood in the connective tissues.

(e) Is free from all foreign material(including, but not being limited to, hair,dirt, and bone particles) and fromcrushed bones caused by removing thehead or the feet.

(f) Is free from broken bones, fleshbruises, defects, and deformities. Endsof leg bones may be broken due to re-moving the feet.§ 54.276 B Quality.

To be of B Quality the carcass:(a) Is short, thick, fairly well-rounded

and fairly well-fleshed.(b) Has a fairly broad back, fairly

broad hips, and fairly broad and deep-fleshed shoulders, and fairly firm muscletexture.

(c) Has at least a small amount ofInterior fat in the crotch and over theinner walls of the carcass with a smallamount of interior fat around thekidneys.

(d) Shows no evidence of coagulatedblood in the veins and is free from anyevidence of reddening of the flesh dueto blood in the connective tissues.

(e) Is free from all foreign material(including, but not being limited to, hair,dirt, and bone particles) and fromcrushed bones caused by removing thehead or the feet.

(f) Is free from broken bones andpractically free from bruises, defects, anddeformities. Ends of leg bones may bebroken due to removing the feet.§ 54.277 C Quality.

A carcass that does not meet the re-quirements of A or B Quality may be ofC Quality and such carcass:

(a) May be long, rangy, and fairlywell fleshed.

(b) May have thin, narrow back andhips, and soft flabby muscle texture.

(c) May show very little evidence ofexterior fat.

(d) May show very slight evidence ofreddening of the flesh due to blood Inthe connective tissues.

(e) Is free from all foreign material(including, but not being limited to,hair, dirt, and bone particles) and fromcrushed bones caused by removing thehead or feet.

(f) May have moderate bruises of theflesh, moderate defects, and moderatedeformities; have not more than onebroken bone In addition to broken endsof leg bones due to removal of the feet;and may have a small portion of thecarcass removed because of seriousbruises.

Subpart C-Forms, Instructions, andApplications

ForMs OF OFFICIAL IDENTIFICATION

§ 54.280 Forms of official identification.The forms prescribed in §§ 54.280 to

54.282 are subject to the requirements of§§ 54.60 to 54.63, Identifying and Mark-ing Products.

§ 54.281 Form of grade mark.The grade mark approved for use pur-

suant to § 54.61 on a graded product shallbe contained within a shield of the formand design indicated in the example inFigure 1. The information which is re-quired in such mark shall be: (a) Theletters "USDA," (b) the appropriateU.S. Grade of the product. The infor-mation within the shield shall be printedin a light color on a dark field. In addi-tion, a term such as "Federal-StateGraded" or "Government Graded" maybe used adjacent to but not within theshield design grade mark (in a formsimilar to that illustrated In Figure 2).The class of the domestic rabbits shallbe shown on the label which bears thegrade mark if it is not shown prominentlyelsewhere on the packaging material.The appropriate designation "young,""mature" or "old" may be used as aprefix to the words "domestic rabbit" inlieu of the class name. When the grademark is applied to an individual carcasswhich is not individually packaged andlabeled, the information with respect tothe class of. the domestic rabbits shallbe included in the same label which bearsthe grade mark and the plant numberor the firm name and address shall alsobe included on the label which bearsthe grade mark.

nGcUE 1.

Federal-State Graded

n'GURE 2.

§ 54.202 Form of inspection mark.

The inspection mark approved for useon inspected and certified edible productsshall be contained within a circle andinclude the following wording: "In-spected for Wholesomeness by U.S. De-partment of Agriculture." The form andarrangement of such wording shall beas indicated in the example in Figure 3.The plant number of the official plantshall be set forth if it does not appear onthe packaging material.

F'IuaE 3.

APPLICATION FOR GRADING SERVICE

§ 54.290 Application for grading serv-ice with respect to domestic rabbits.

Application is hereby made, in accordancewith the applicable provisions of the regula-tions (7 CFR Part 54) governing the gradingof domestic rabbits and edible productsthereof and United States classes, standardsand grades with respect thereto, for domes-tic rabbit grading service at the followingdesignated plant:

Name of plantStreet addressCity and State-

In making this application, the applicantagrees to comply with the terms and condi-tions of the aforesaid regulations (includingbut not being limited to, such Instructionsgoverning the grading of products as may


be issued, from time to time, by the Admin-istrator). This application is made for grad-ing service to be performed on a residentgrading basis in accordance with § 54.108and such other- provisions of the aforesaidregulations as are applicable.

(Applicant) IBy.....................

(Street)

(City) (State)

(Date)Application granted:

(Date)

(Title)

APPLICATION FOR INSPECTION. SERVICE

§ 54.231 Application for inspection ofdomestic rabbits and edible productsthereof for condition and whole-someness.

Application Is hereby made, in accordancewith the applicable provisions of the regula-tions (7 CFR Part 54) governing the inspec-tion of domestic rabbits and edible productsthereof for inspection for condition andwholesomeness at the following designatedplant:Nam e of plant ----------------------------Street addressCity and tJtate ----------------------------In making this application the applicantagrees to comply with the terms and condi-tions of the aforesaid regulations (includingbut- not being limited to such instructionsgoverning inspection of products as may beissued, from time to time, by the Adminis-trator). This application is made for in-spection service to be performed on a residentInspection basis in accordance with § 54.107and such other provisions of the aforesaidregulations as are applicable.

(Applicant) -B y ------------------------

(Street)

City (ta te)


(Date)

(Title)

§ 54.282 Application for inspection ofcanning and processing of domesticrabbits in plants operating underFederal meat inspection service.

Application is hereby made, in accordancewith the applicable provisions of the regu-lations (7 CFR Part 54) governing the In-spection of domestic rabbits and edible prod-ucts thereof for inspection for condition andwholesomeness of domestic rabbits cannedor otherwise processed at the following des-ignated plant:Name of plant ----------------Street address ................. _ ........City and State ----------------------------In making this application the applicantagrees to comply with the terms and condi-

No Member of or Delegate to Congress,or Resident Commissioner, shall be admittedto any benefit that may arise from this serv-ice unless derived through service rendereda corporation for its general benefit.

FEDERAL REGISTER

tions of the aforesaid regulhtions (includ-ing but not being limited to such instruc-tions governing inspection of products asmay be issued, from time to time, by theAdministrator). This application is madefor inspection service to be performed on aresident inspection basis in accordance with§ 54.107, and such other provisions of theaforesaid regulations as are applicable.

(Applicant) I

B y --------------- " ---------

.(Street)

(City) - (State)


(Date)

(Title)(Sec. 205, 60 Stat. 1090, as amended; 7 U.S.C.1624. Interprets or applies sec. 203, 60 Stat.1087, as amended; 7 U.S.C. 1622)

Issued at Washington, D.C., .this lstday of August 1960.

RoY W. LENNARTSON,Deputy Administrator,

Agricultural Marketing Service.


[7 CFR Parts 905, 987, 1014 1[Docket Nos. AO-297-A-1; AO-252-A-6;

AO-304-A-1 I

MILK IN THE MISSISSIPPI ,.DELTA,CENTRAL MISSISSIPPI AND MIS-SISSIPPI GULF COAST MARKETINGAREAS

Notice of Recommended Decision andOpportunity To File Written Excep-tions to Proposed Amendments toTentative Marketing Agreementsand Orders

Pursuant to theprovisions of theAgricultural Marketing Agreement Actof 1937, as amended (7 U.S.C. 601 etseq.), and the applicable rules of practiceand procedure governing the formulationof marketing agreements and marketingorders (7 CFR Part 900), notice is herebygiven of the filing with the Hearing Clerkof this recommended decision of the Dep-uty Administrator, Agricultural Mar-keting Service, United States Departmentof Agriculture, with respect to proposedamendments to the tentative marketingagreements; and orders regulating thehandling of milk in the Mississippi Delta,Central Mississippi and Mississippi GulfCoast marketing a r e a s. Interestedparties may file written exceptions tothis decision with the Hearing Clerk,United States Department of Agricul-ture, Washington, D.C., not later thanthe close of business the 15th day afterpublication of this decision in the FED-ERAL REGISTER. The exceptions shouldbe filed in quadruplicate.

1 No Member of or Delegate to Congress, orResident Commissioner, shall be admitted toany benefit that may arise from this serviceunless derived through service rendered acorporation for its general benefit.

7391

Preliminary statement. The hearingon the record of which the proposedamendments, as hereinafter set forth,to the tentative marketing agreementsand to the orders, were formulated,, wasconducted at Jackson, Mississippi, De-cember 15-17, 1959, pursuant to noticethereof which was issued December 1,1959 (24 F.R. 9742).

The material issues on the rebord ofthe hearing relate to:

1. The level and seasonality of ClassI prices in the Central Mississippi mar-keting area;

2. Reduction of the Mississippi Deltamarketing area;

3. Revision of the definitions of pro-ducer and producer milk in all three Mis-sissippi orders and the definitions ofdistributing plant, handler and pro-ducer-handler in the Central Mississippiorder;

4. Clarification of the transfer pro-visions in all three Mississippi orders;

5. Method of accounting for milksolids used for -reconstitution of fluidmilk products in the Central Mississippiand Gulf Coast orders;. 6. Revision of the allocation and com-putation of the value of skim milk andbutterfat provisions in all three Missis-siDmi orders;

7. Determination of the Class I pricefor the Mississippi Delta order;

8. The level of the Class II price in allthree Mississippi orders;

9. Obligation of a handler operatinga nonpool distributing plant in the Mis-sissippi Delta order;

10. Determination of bases and revi-sion of ,base rules in all three Mississippiorders; and

11. Miscellaneous an d conformingchanges in all three Mississippi orders.

Issue No.A was decided by the Assist-ant Secretary in his decision of February24, 1960 (25 F.R. 1733) and amendingorder (25 F.R. 1817). This decision per-tains to the remaining issues.

Findings and conclusions. The follow-ing findings and conclusions on the ma-terial issues are based on evidence pre-sented at the hearing and the recordthereof:

2. The Mississippi Delta marketingarea should be revised to exclude Beat 5in Calhoun County and Beat 5 inWebster County, both in the State ofMississippi.

A handler, partially regulated by OrderNo. 5, proposed the deletion of all ofWebster County and Beats 1, 4 and 5 inCalhoun County from the marketingarea. This handler modified his proposalto delete all of Webster County from themarketing area by proposing to eliminateonly Beat 5.

In Beat 5 of Webster County the pro-ponent handler has 90 percent or moreof the fluid milk business. The remain-ing business in this Beat is by unregu-lated handlers. Rdgulated handlers'sales in Beats 1 and 4 of Calhoun Countyrepresent seventy-five percent or more ofthe total. In Beat 5 of Calhoun County.the proponent handler has approximatelytwo-thirds of the total fluid milk busi-ness. The remaining portion of the fluidmilk products distributed in this Beat isby a fully regulated handler and by a


partially regulated handler. Beat 5 inCalhoun County contains two small vil-lages with a total population of approxi-mately 1,200. Most of the proponenthandler's competition, outside the mar-keting area, is with unregulated handlers.

Proponents' sales in the marketing areahave varied from 8 to 15% of his totalClass I sales. The exclusion of Beats 5in Calhoun and Webster Counties willnot necessarily change the proponent.handler's status as a partially regulatedhandler, but will reduce his sales in themarketing area, leaving sales mainly inBeats 1 and 4 in Calhoun County, to lessthan five percent of his total Class Isales. However, with only a small per-centage of this handler's business in themarketing area, it presents the oppor-tunity for complete withdrawal of salesfrom the area and thereby a change instatus as a partially regulated handler.

Since fully regulated handlers haveonly a very small proportion of the fluidmilk business in Beats 5 of Calhoun andWebster counties, and the record doesnot show handlers would be disadvan-taged, it is concluded that these Beatsshould be excluded from the marketingarea. However, Beats 1 and 4 in CalhounCounty, where regulated handlers dis-tribute most of the fluid milk products,should remain a part of the MississippiDelta marketing area.

3. The definitions of producer and pro-ducer milk should be revised in all threeMississippi orders with respect to thediversion of producer milk.

The Mississippi Delta and Gulf Coastorders currently limit the diversion ofproducers to 10 days' milk productionduring each of the months of Septemberthrough January. The Central Missis-sippi order limits diversion to 10 days'milk production during each of themonths of September through November.During the months of February throughAugust (December through August forCentral Mississippi) handlers may divertthe milk production of a producer to anonpool plant without limitation.

The Central Mississippi Milk Pro-ducers' Association proposed to amendall three Mississippi orders to providefurther limitation with 'respect to thediversion of milk. Their proposal wouldlimit the diversion of producer milk inthe spring months to those producersthat had shipped not less than 15 days'production to a pool plant during speci-fied fall months. The milk productionof producers that delivered during anymonths in the fall less than 15 days' pro-duction could not be diverted in the fol-lowing spring months if milk from anysuch producer was diverted to a nonpoolplant.

During the past year dairy farmersnormally associated with other marketshave shipped substantial quantities ofmilk to pool plants in the MississippiDelta and Gulf Coast marketing area ona part-time basis. Primarily, this hasinvolved cooperative associations in theMemphis and New Orleans marketswhich have shifted substantial volumesof milk back and forth between marketsby taking full advantage of the existingdiversion provisions in the Delta andGulf Coast orders. Much of the milk

involved has acquired producer milkstatus on the basis of limited delivery(in some cases a single day) to a poolplant and is not part of the regularsupply of the Delta or Gulf Coastmarkets.

The result has been an undue varia-tion of the base prices and the blendedprices in these markets in certainmonths in comparison to prices in theMemphis and New Orleans markets. Inthe case of the Delta market this activityhas occurred primarily in the month of

* August whereas in the Gulf Coast mar-ket it has been the months of Marchthrough July. Official notice is takenof the price announcements of the re-spective market administrators in thefour markets for each of the months of1960. They substantiate the fact that.the situation, particularly as it appliesto the Gulf Coast market, is even morecritical than in the correspondingmonths of 1959.

While it is not intended that the ordersshall deter orderly movement of pro-ducers and/or plants as between marketsin response to price incentives; never-theless, more limited diversion provisionsare necessary with respect to the Deltaand Gulf Coast orders to assure bonafide association of milk with specificmarkets and to prevent undue variationof the prices in these markets. For themonths of August through February thismay be accomplished' by providing thatduring any such month milk of a pro-ducer may be diverted to nonpool plantsin an amount not in excess of one-thirdof the total quantity of milk physicallyreceived at a pool plant during themonth. Should greater diversion occur,only that milk physically received atpool plants would be considered as pro-ducer milk.

Essentially, this procedure makes nochange in the present diversion provi-sions as they apply in the months ofSeptember through January for pro-ducers who are on these marketsthroughout the month. In the case ofdairy farmers not on the market duringthe entire month, however, the extentof diversion is related to physical deliv-eries to pool plants. The extension ofthis procedure to include the months ofFebruary and August is necessary in theinterest of more orderly marketing.These are the two months of the yearwhich are neither base' setting nor baseoperating months and accordingly arethe two months in which a handler couldmake the greatest use of diversion priv-ileges for his own interest.

No change is needed at this time in thepresent provisions of the MississippiDelta order which permit unlimiteddiversion of producer milk during thebase-operating months of March throughJuly. The Delta market is stable duringthis period of the year. Furthermore,no unusual movement of milk in and outof the market was reported to occurduring March through July.

During the months of March throughJuly it is desirable with respect to theGulf Coast order that the diversion privi-leges be more liberal than in othermonths of the year to insure ordinarydisposition of the seasonal ,surplus In

that marketing area. However, underthe existing supply situation in thismarket, there is no necessity for un-limited diversion privileges. It is con-cluded that in any of such monthsdiversion of producer milk in total fromeach plant should be limited to an,amount not in excess of two-thirds ofsuch producer milk physically receivedat such pool plant during the month andshould be limited in each month to onlythe milk of those dairy farmers who heldproducer status throughout the two im-mediately preceding months. The ap-plication of this provision will in no waydeter the entrance of new producers tothe market if their milk is needed forfluid use. It will, however, tend to deterthe shifting of producers between mar-kets during this period solely for thepurpose of influencing prices in theoriginating and/or transferee marketssince diversion privileges would not beavailable in March for milk not associ-ated with the market in January andFebruary.

The establishment of these new stand-ards with respect to diversion of pro-ducer milk in the Mississippi Delta andGulf Coast markets will assist in stabil-izing marketing conditions in theseareas. The amendments presented here-in with respect to the modification of thedefinitions of producer and producermilk will adequately prescribe standardsof association with these markets for thesharing in the marketwide pooling inthese markets.

The number of producers, the seasonalproduction patterns, and the relation-ship of production to gross Class I salesduring the past three years reflect rela-tively stable marketing conditions in theCentral Mississippi market. Therefore,conditions in the Central Mississippiorder do not require, at this time, achange in the present limitation ondiversions of 10 days' production duringthe months of -September throughNovember. However, the proposal toamend the Central Mississippi order toprovide for the diversion of milk betweenpool plants should be adopted. Thepresent order limits diversion in theCentral Mississippi order to nonpoolplants that are not regulated by anotherorder issued pursuant to the Act. Per-mitting diversion of producer milk bythe operator 6f a pool plant to the poolplant of another handler gives handlersflexibility in movement of milk withoutaffecting the pooling of milk.' Further,such diversion will provide for the eco-nomic movement of milk within themarketing area. The proposal to removethe restriction on a handler to divert themilk production of a producer to a plantregulated by another order should not beadopted. The orders regulating theplants to which such movement of milkWould likely occur provide that receiptof milk directly from the farm is pro-ducer milk under such order. The adop-tion of the proposal would thus create aSituation in which each of two orderswould claim such milk as producer milk.Therefore, under present marketing con-ditions in the Central Mississippi orderthe provision restricting a handler di-verting milk to a nonpool plant regulatedby another order should be retained.

7392


Proposals were made by Central Mis-sissippi order handlers to eliminate thepricing and pooling of a handler's ownfarm production in its entirety or to pro-vide for the pricing and pooling of onlythe excess portion of a handler's ownfarm production. The Central Missis-sippi order presently defines a producer-handler as any person who operates adairy farm and a distributing plant atwhich no other source milk (except ownproduction), producer milk, or milk fromother pool plants is received. Thus,such a handler's own production is ex-empt from the pricing and pooling pro-visions of the order. The Class I salesof a producer-handler are now limited tothe amount of his own production. Sucha handler must also carry any excesssupplies that may be produced. If a per-son with his own farm production buysmilk from another producer, other poolplants, or from other sources and dis-tributes milk in the marketing area, sucha person becomes a fully regulated han-dler. As a fully regulated handler themilk from his own farm is priced andpooled the same as any other producer inthe market-wide pool distribution of re-turns to producers. Essentially, thismeans that the handler may draw fromthe producer-settlement fund on his ownproducton when the Class I utilizationat his plant is less than the market aver-age. Likewise, payments on his ownproduction are due to the producer-settlement fund when the Class I utiliza-tion in his plant is greater than themarket average. To pool only the ex-cess production from a handler's ownfarm would mean that the market as awho'e would be carrying the surplus fromhis herd. To make equitable distribu-tion to all producers of the Class I utili-zation in this market the milk productionfrom all producers should be priced andpooled as presently provided by the Cen-tral Mississippi order. Therefore, theproposals to limit the pricing and poolingof a handler's own farm production arenot adopted.

The proposal of a handler to reducethe requirements that a distributingplant must meet to maintain pool statusshould not be adopted. The proposalwould eliminate excess milk during themonths of March through July in thedetermination which a plant must meetto qualify as a distributing plant that 50percent of receipts from producers andother pool plants be utilized' in Class I.This requirement of a minimum propor-tion of utilization in Class I is to dis-tinguish a distributing plant from a sup-ply plant. The order presently providesthat cooperative associations may be-come handlers with respect t6 milk ofproducers diverted for their account froma pool plant to a nonpool plant. Theproponent of this proposal acknowledgedthat the cooperative association has, inthe past, been able to divert milk for theaccount of the association and thus elim-inate the possibility of this handler'splant failing to qualify as a distributingplant. To accept this proposal woulddestroy the necessary distinction betweensupply plants and distributing plants.

FEDERAL REGISTER

4. The transfer provisions in all threeMississippi orders should be modified.

The revision of the transfer provisionsin Order Nos. 5, 87, and 114 is for thepurpose 6f clarifying the intent of pres-ent provisions and to recognize themovement of milk to nonpool plants andthen back to pool plants. The revisionsof the transfer provisions provided hereinwill coordinate these provisions with thetransfer provision of Order No. 42 forthe New Orleans marketing area. Thereare extensive intermarket movements ofmilk among the three Mississippi mar-kets and among the Central Mississippi,Mississippi Gulf Coast and New Orleansmarkets. Therefore, it is necessary thatthe transfer provisions in these fourmarketing areas be correlated. The re-vised provisions, with one exception, donot change the intent of the presenttransfer provisions. The exception isthat portion of the revised provisionswhich classifies, under specific condi-tions, milk moved from a pool plant toa nonpool plant and then back to a poolplant as if such transfer had been atransfer between pool plants. - Whilesuch a movement of milk in the threeMississippi markets has not occurred,the possibility of such movement exists.The inclusion of a section in the transferprovisions of these orders to cover suchmovements of milk will further correlatethe orders in this area.

5. No change should be made in the-method of accounting of milk solids usedfor reconstitution and fortification offluid milk products in the Central Missis-sippi and Gulf Coast orders.

Handlers proposed that if nonfat drymilk solids are added for the sole purposeof fortifying or adding solids in fluidmilk products only the actual poundsused of such nonfat dry milk should beclassified as Class I.

These orders presently provide that ifany of the water contained in milk fromwhich a product is made is removed be-fore the product is utilized or disposedof by a handler, the pounds of skim milkdisposed of in such product shall be con-sidered to be an amount equivalent to thenonfat dry milk contained in.such prod-uct plus all of the water originally asso-ciated with such nonfat dry milk solids.

The proposals to amend the CentralMississippi and Gulf Coast orders withrespect to the accounting of nonfat drymilk solids are not adopted herein be-cause such proposals would not result ina full accounting in Class I of the valueof the nonfat solids used to produce fluidmilk products. It is necessary in ac-counting for Class I sales of fortified andreconstituted milk that the order provi-sions prevent displacement of producermilk from the Class I use for which it isintended. This principle requires thatsuch disposition be accounted for onthe basis of milk used to produce suchproducts, which would include all wateroriginally associated with the nonfatmilk solids used. Fortified and reconsti-tuted milk compete for the same outletsas whole fluid milk and fluid skim milkand so, if made from other source milk,could displace producer milk which isavailable for the same disposition. It is

7393

concluded that accounting for skim milkin fluid milk products on the basis of vol-ume, including all the water originallyassociated with the nonfat milk solids, isnecessary to return to producers a valuecommensurate with the use and avail-ability of their milk for fluid disposition.

6. The allocation, rates of payment onother source milk and computation ofthe value of skim milk and butterfatprovisions in all three orders should berevised.

The modification of these provisionsis for the purpose of clarifying the intentof the present provisions. Skim milk andbutterfat classified and priced under an-other order issued pursuant to the Actshould not be subject to payments other-wise applied to other source milk allo-cated to Class I under these Mississippiorders. These provisions as revisedherein provide for the allocation of othersource milk in three separate steps. Thefirst allocation of other source milk isthat received other than in the form offluid milk products. Of the remainingother source milk the first allocation isthat received in the form of fluid milkproducts from plants not regulated byanother order and final allocation is theother source milk received from plantssubject to the pricing and payment pro-visions of another order. The clarifica-tion of the provisions on payments onother source milk and computation ofthe value of producer milk give furtherspecificity to the steps necessary in thecomputation of payments on othersource milk allocated to Class I.

7. The method of determining theClass I price for the Mississippi Deltamarketing area should not be changed.

A handler proposed that the Class Iprice for the Delta area should be estab-lished pursuant to § 918.51(a) of thischapter, regulating the handling of milkin the Memphis, Tennessee, marketingarea, Plus sixteen cents.

The Class I price is presently de-termined by subtracting sixteen centsfrom the Class I price established pur-suant to § 987.51 (a) of this chapter regu-

.lating the handling of milk in the Cen-tral Mississippi marketing area.

The proponent handler stated the pur-pose of the proposal to base Class I pric-ing for the Mississippi Delta area underthe Memphis market was to align theClass I prices in the two marketing areas.The alignment of prices between theMemphis and Mississippi Delta market-ing area is now assured by recent amend-ments to both the Memphis order (25F.R. 2221) and the Central Mississippiorder (25 F.R. 1732). The amendmentsto these two orders eliminated the sea-sonal changes in the differential addedto the basic formula price in establish-

*ing the Class I price. The supply-demand adjustment provision in theMemphis order has also been modified.

In a decision issued September 3, 1958(23 F.R. 6910), it was concluded the Mis-sissippi Delta marketing area was themost closely associated with the CentralMississippi marketing area. The evi-,dence in this record does not substantiatea change in the conclusion reached inthis earlier decision.

73948. No change should, be made In the

level or method of determining the ClassII price in any of the three orders.

The cooperative association proposinga review of the Class II price level andthe method of determining such pricesin these marketing areas complainedthat the basic prices announced by localmanufacturing plants do not representthe actual prices paid dairy farmers de-livering milk to such plants. Some ofthe local manufacturing plants paypremiums for. quality and volume' ofshipments. However, the evidence isinsufficient to conclude the actualamounts of such premiums or a feasibleadministrative method of obtaining aprice from manufacturing plants morerepresentative than the basic price pres-ently used. The present level of ClassII prices provides for the orderly move-ment of excess supplies under the exist-ing marketing conditions in the CentralMississippi market.

9. The rate of obligation of a handleroperating a nonpool distributing plantin the Mississippi Delta area should notbe changed.

A handler proposed that the rate ofpayment in § 905.62(a) be revised bychanging the present rate of the differ-

*ence between the Class I and II pricesto a rate represented by the differencebetween the Class I price and the uni-form price paid dairy farmers as an-nounced 'and computed in accordancewith the Mississippi Milk Audit Law.

The handler making this proposal isan operator of a nonpool distributingplant. The Delta order presently pro-vides this handler the option of payinginto the producer-settlement fund thedifference between the value of the milkreceived from dairy farmers at such plantcalculated as if such plant were a pool

-plant and the gross payments actuallymade by the handler to such dairy farm-ers. If these dairy farmers receive pay-ment for their milk in an amount equalto or in excess of a value calculated asif the nonpool distributing plant were apool plant, no payment is due the pro-ducer-settlement fund. It has beenfound (see decision of September 3, 1958(23 F.R. 6910)) that the opportunityvalue, based on use in alternative out-lets, of other source milk utilized inClass I is equivalent to the Class II price.Proponent's blend price verified underthe Mississippi Audit Law will always beat a higher level than the Class II price.Consequently, the proposal would not af-ford protection of the regulation whichhas been found to be necessary and itmust be denied.

10. The method of determining thedaily base and the rules with respect tothe transfer of bases should be modifiedin all three orders.

The Central Mississippi Milk Produ-cers' Association proposed to. revise theprovisions of all three Mississippi ordersto give greater specificity to the methodof determining a daily base. Deliveriesfrom farms to pool plants are now beingmade on an every-other-day basis.Therefore, the number of days' produc-tion received from each producer at apool plant during the base forming periodbecomes important. As provided herein


'the revised provisions In all three ordersfor determining the daily base specifythat the total receipts from a producershall be divided by the total number ofdays' production from the first days'production received during the baseforming period to last days' productionreceived in this period but not less than120 days. The base transfer provisionsin these orders are also modified to pro-vide the use of the number of days'production of-the transferor and trans-feree in the determination of a new base.

Central Mississippi Milk Producers'Association also proposed to amend allthree orders with respect to the assign-ment of a base to a producer shippingto a plant that failed to qualify as a poolplant during each month of the baseforming period but becomes a pool plantduring the base' operating period. Itwas proposed that bases should notbe assigned to such producers in theCentral Mississippi and MississippiDelta orders unless the total receiptsof producer milk were less than 110percent of the total Class I sales ineach of these markets. The same pro-posal was made for the Mississippi GulfCoast area except that the percentageutilization of producer receipts to Class Isales was 112 percent.

The orders presently provide that abase shall be assigned to each person forwhose account milk was delivered to aplant that did not qualify as a pool plantduring each month of the base formingperiod, but which qualifies as a pool plantduring any month of the base operatingperiod, on deliveries at such plant in thesame manner as if such plant had beena pool plant during each month of thebase forming period.

The proponent's primai-y reason formaking these proposals is to stabilize themovement of milk between the Missis-sippi Gulf Coast and New Orleans mar-keting areas. During 1959, several sup-ply plants that had been pool plantsunder the New Orleans order at varioustimes qualified as pool plants under theMississippi Gulf Coast order. Some ofthese plants normally associated withthe New Orleans market qualified as poolplants under the Gulf Coast order forthe first time during the March throughJuly period when production from localproducers in this market is the highest.The maximum number of plants nor-mally 'associated with the New Orleansmarket and qualified under the GulfCoast order has been two in any onemonth. The qualification of these sup-ply plants and the movement of milk be-tween the New Orleans and Gulf Coastmarkets results primarily from handlers'opportunity in both markets to increasebusiness by contract bidding to supplya military establishment located in theMississippi Gulf Coast. area. Anotherincentive for the movement of plantsand milk between these two orders isthat dairy farmers, through their co-operative associations, are constantlyseeking the marketwide pool with thehighest Class I utilization.

The limitations on diversion of pro-ducer milk, as previously discussed inthese findings, will provide an oppor-tunity for milk to enter the MississippiGulf Coast market when the demand sit-

uatlon requires additional suliplies. Thediversion limitations, however, as hereinprovided will require a closer associa-tion of producers with the MississippiGulf Coast market and, therefore, willtend to stabilize market conditions inthis area. Therefore, it is concluded

-that the proposals to amend all threeMississippi orders with respect to theassignment of bases to a producer ship-ping to a plant that failed to qualify asa pool plant during each month of thebase forming period but becomes a poolplant during the base operating periodshould not be adopted'

The base rules in the Mississippi GulfCoast order should be further revised toreflect the transfer of producers betweenthe two markets. A producer who is as-signed a base under another order andthen transfers to the Mississippi GulfCoast order during the base forming.period should have the same base underthe Gulf Coast order as assigned for

"such producer under the other order.It should be further provided in the GulfCbast order that a base should be as-signed to a person for whose accountmilk is received at a pool plant for lessthan 120 days during the base formingperiod and for whose account milk isalso received at a plant fully regulatedby another order during the base form-ing period under such other order. Un-der these circumstances, the base would-be determined by combining into onetotal the receipts of such a producer atpool plants under this order and at. fullyregulated plants under another order.The revision of the base rules as hereinprovided will assist in a reasonable move-ment of producers between marketing* areas.

The Central Mississippi Milk Pro-ducers' Association further proposed tolimit the transfer of a base in all threeorders due to circumstances where abase-holder sells, leases, or otherwiseconveys his herd to another person. Theorders presently provide that a base maybe transferred to another person bynotifying the market administrator andproviding a signed statement of transferby the base-holder and by the person towhom such base is to be transferred.

The proponents failed to show a needto place further limitations on the trans-fer of a base by a producer in the Cen-tral Mississippi and Delta orders. Inthe Mississippi Gulf Coast order thelimitations on diversion of producer milkeach month of the year, as previouslydiscussed in these findings, will determovements of milk complained of byproponents and thus the proposed re-strictions on transfer of bases are un-necessary. Therefore, the proposedlimitations on the transfer of bases inall three Mississippi orders should notbe adopted.

11. Several miscellaneous and con--forming changes should be made in allthree Mississippi orders.

Provision should be made for paymentof Interest on overdue obligations in allthree Mississippi orders. The require-ment that interest be paid on overdueobligations will encourage prompt pay-ments, thereby making for efficienttransactions under the orders. Dateson which accounts are due under the or-,


ders allow adequate time for payment ofthe principal, without an interestcharge. It is concluded that one-halfof one percent of any-unpaid obligation,to or from the market administrator isan appropriate and economically soundpayment for each month or fractionthereof that the obligation is overdue.Under the provisions, any unpaid por-tion of an obligation would be increasedone-half of one percent the third dayafter it is due. Starting interest chargeson the third day after the obligation isdue will give reasonable time to receiveactual payment of obligations post-marked not later than the due date ofsuch obligation. On the same day ofeach following month, any unpaid por-tion of the principal and of the interestwould be increased one-half of one per-cent until the obligation with interest ispaid.

The Mississippi Delta order now re-quires reports of receipts and utilizationon or before the 5th day, exclusive ofSundays and holidays, of each monthfrom handlers operating pool plants.The Mississippi Gulf Coast order requiressuch reports by the 6th of each month,exclusive of Sundays and holidays. TheCentral Mississippi order requires han-dlers to report by the 6th day of eachmonth. It was proposed that reportsfrom handlers be made on or before the6th day of each month in the MississippiDelta and Gulf Coast orders. The mar-ket administrator is required to computeand announce by the tenth of eachmonth the uniform prices for both theMississippi Delta and Gulf Coast orders.Under the present reporting require-ments there have been times when han-dler reports were received by mail, whenit was extremely difficult to complete thenecessary computations to meet thedeadline of announcing uniform pricesby the tenth of the month. It is con-cluded that the report of receipts andutilization from handlers in the Missis-sippi Delta and Gulf Coast orders shouldbe postmarked or delivered to the officeof the market administrator on or beforethe 6th day of each month.

The Mississippi Delta order is not nowspecifically clear with respect to the datewhen the operator of a nonpool distribut-ing plant should submit, to the marketadministrator, a report of payments tohis dairy farmers. Such reports arenow being submitted on the 20th of eachmonth. The Mississippi Gulf Coast orderlacks clarity with respect to the datewhen the operator of a nonpool dis-tributing plant should make paymentsto the producer-settlement fund. Opera-tors of such plants currently make pay-ments on the 25th of each month. TheMississippi Delta and Gulf Coast orders,as herein provided, have been modifiedaccordingly.

The proposal that the number of freshsamples to be employed to determine thebutterfat content of milk deliveries of aproducer should be not less than 24 fora full month's delivery or a samplingof at least 80 percent of the milk deliv-ered should not be adopted.

The Mississippi Delta order presentlyprovides the market administrator withthe responsibility and authority to verify

the butterfat content of milk receivedfrom producers. Evidence was presentedthat the market administrator uses rea-sonable and practical methods of veri-fying such tests. Under existing marketconditions, it is not feasible to follow theprocedure outlined by the proponenthandler. The additional cost of such aprogram is not warranted.

Several proposals were made by han-dlers and a cooperative association torevise the classification of skim milkand butterfat under the Mississippi Deltaorder. These proposals would classifybutterfat disposed of as livestock feed,'"dumped" butterfat, eggnog, and ready-to-serve malt products as Class II.Handlers 'in the Mississippi Delta mar-keting area serve small cities and vil-lages and find it impractical, in manycases, because of the small quantitiesinvolved, to separate thc butterfat fromroute returns. Thus, both the skim milkand butterfat is usually disposed of forlivestock feed. Therefore, under thecircumstances in this market, butterfatdisposed of as livestock feed should beclassified as Class II. Circumstances doarise necessitating the "dumping" ofskim milk. The order presently pro-"-vides classification as Class II when such"dumping" of skim milk is authorizedby the market administrator. The evi-dence, however, does not justify theclassification of butterfat as Class IIunder similar circumstances. Therefore,the proposal to classify "dumped" but-terfat as Class II is denied. Eggnog andready-to-serve malt products are re-quired to be made from Grade A dairyproducts. Therefore, the classificationof these items should remain in Class Iand the proposals to change the classifi-cation to Class II are hereby denied.• A cooperative association proposed to

add to the inventories of fluid milk prod-ucts at the end of the month the milkproduction of a producer produced onthe last day of the month but receivedat a pool plant the first day of the fol-lowing month. Inasmuch as the ClassI price is no longer on a seasonal basis,there is no practical reason to attemptthe proposed accounting procedure. Theclassification of and payment to pro-ducers for milk actually received at poolplants during the month as now pro-vided in the order is the most practicalway of accounting and paying for pro-ducer milk.

Other revisions in all three of theMississippi orders have been made toeliminate obsolete language or clarify-ing and conforming changes to imple-ment the intent of the revisions to theorders as specified herein.

Rulings on proposed findings and con-clusions. Briefs" and proposed findingsand conclusions were filed on behalf ofcertain interested parties in the mar-kets. These briefs, proposed findingsand conclusions and the evidence in the.record were considered in making thefindings and conclusions set forth above.To the extent that the suggested findingsand conclusions filed by interested par-ties are inconsistent with the findingsand conclusions set forth herein, the re-quests to make such findings or reachsuch conclusions are denied for the

reasons previously stated in this deci-sion.

General findings, The findings anddeterminations hereinafter set forth aresupplementary and in addition to thefindings and determinations previouslymade in connection with the issuance ofthe aforesaid orders and of the previ-ously issued amendments thereto withrespect to the Central Mississippi order;and all of said previous findings anddeterminations are hereby ratified andaffirmed, except insofar as such findingsand determinations may be in conflictwith the findings and determinationsset forth herein.

(a) The tentative marketing agree-ments and the orders, as hereby pro-posed to be amended, and all of theterms and conditions thereof, will tendto effectuate the declared policy of theAct;

(bY The parity prices of milk as de-termined pursuant to Section 2 of theAct are not reasonable in view of theprice of feeds, available supplies of feeds,and other economic conditions whichaffect market supply and demand formilk in the marketing areas, and theminimum prices specified in the proposedmarketing agreements and the orders, ashereby proposed to be amended, are suchprices as will reflect the aforesaid fac-tors, insure a sufficient quantity of pureand wholesome milk, and be in the pub-lic interest; and

(c) The tentative marketing agree-ments and the orders, as hereby pro-posed to be amended, will regulate thehandling of milk in the same manner as,and will be applicable only to persons inthe respective classes of industrial andcommercial activity specified in, mar-keting agreements upon which a hear-ing has been held.

Recommended marketing agreementsand orders amending the orders. Thefollowing orders amending the ordersregulating the handling of milk in theMississippi Delta, Central Mississippiand Mississippi Gulf Coast marketingareas is recommended as the detailedand appropriate means by which theforegoing conclusions may be carriedout. The recommended marketingagreements are not included in this de-cision because the regulatory provisionsthereof would be the same as those con-tained in the orders, as hereby proposedto be amended:

Mississippi Delta order:1. Delete § 905.6 and substitute the

following:

§ 905.6 Mississippi Delta marketingarea.

Mississippi Delta marketing area,hereinafter called the marketing area,means all the territory, including incor-porated municipalities and military res-ervations within Attala, Bolivar, Carroll,Choctaw, Grenada, Holmes, Humphreys,Leake, Lefiore, Lowndes, Montgomery,Noxubee, Oktibbeha, Sharkey, Sunflower,Tallahatchie, Washington, Webster (ex-cept Beat 5), Winston, and Yazoo Coun-ties; Beats 1 and 4 in Calhoun County;Beats 4 and 5 in Coahoma County;Beats 2, 3, 4, and 5 in Quitman Countyincluding all of the village of Crowder;and Beats 1, 4, and 5 in Yalobusha

FEDERAL REGISTER .7395


County all. within the State of Missis-sippi.

2. Amend § 905.12(c) by changing thereference to § 905.14 to § 905.15.

3. Delete § 905.14 and substitute thefollowing:

§ 905.14 Producer.

"Producer" means any person, otherthan a producer-handler, who producesmilk in compliance with Grade A in-spection requirements of a duly consti-tuted health authority, which milk isreceived during the month at a poolplant or is diverted pursuant to § 905.15.


§ 905.15 Producer milk."Producer milk" means all skim milk

and butterfat received at a pool plantdirectly from producers or which is di-verted by the operator of a pool plantor by a cooperative association as pro-vided pursuant to § 905.12(c) for the ac-count of such handler, subject to thefollowing conditions:

(a) The operator of a pool plant maydivert the milk production of a producerto the pool plant of another handler forany number of days of the months;

(b) During March through July theoperator of a pool plant or a cooperativeassociation may divert the milk produc-tion of a producer from a pool plant toa nonpool plant for any number of daysof the month;

(c) During the months -of Augustthrough 'February the operator of a poolplant or a cooperative association maydivert milk from a pool plant to a non-pool plant in an amount not in excessof bne-third of the total quantity ofmilk physically received at a pool plant-during the month; and

(d) Milk diverted for the account ofthe operator of a pool plant shall bedeemed to have been received at theplant from which diverted, and milk di-verted for the account of a cooperativeassociation shall be deemed to have beenreceived by the cooperative associationat the location of the pool plant fromwhich it was diverted.

(e) In case .milk diverted is in excessof the amount specified in paragraph (c)of this section, only, that milk physicallyreceived at a pool plant will be producermilk.

5. Amend § 905.22(i) (1) to read asfollows:

(1) On or before the 6th day of eachmonth, the minimum price for Class Imilk pursuant to § 905.50(a), and theClass I butterfat differential computedpursuant to § 905.51(a), both for thecurrent month, and the minimum pricefor Class II milk computed pursuant to§ 905.50(b) and the Class II butterfatdifferential computed pursuant to§ 905.51(b) both for the previous month.

6. Amend the first paragraph ofV"905.30 to reads as follows:

§ 905.30 Reports of receipts and utili-zation.

On or before the 6th day of eachmonth each handler who operates a pool

plant(s), each handler, other than a pro-ducer-handler, who operates a nonpooldistributing plant, and any cooperativeassociation with respect to milk -forwhich it is a handler shall report forthe preceding month to the market ad-ministrator in the detail and on formsprescribed by the market administratoras follows:

7. Amend § 905.31(c) to read asfollows:

(c) On or before the 20th day afterthe end of the month each handier op-erating a nonpool distributing plant andmaking payments pursuant to § 905.62 (b)shall report his payments to dairy.farmers qualified to be producers if suchplant were a pool plant, showing foreach such dairy farmer:

8. Amend § 905.41(b) to read asfollows:

(b) Class II shall be:(1) All skim milk and butterfat used

to produce any product other than afluid milk product;

(2) All skim milk authorized by themarket administrator to be dumped;

(3) The shrinkage allocated to re-ceipts of producer milk but not in excessof 2 percent of receipts of skim milk andbutterfat directly from producer, plus1.5 percent of receipts of skim milk andbutterfat, respectively, transferred 'inthe form of bulk fluid milk productsfrom pool plants of other handlers, less1.5 percent of receipts of skim milk andbutterfat, respectively, transferred in theform of bulk fluid milk products to poolplants of other handlers;

(4) The shrinkage of other sourcemilk;

(5) All the skim milk and butterfataccounted for as disposed of for live-stock feed; and

(6) The inventories of fluid milk prod-ucts on hand at the end of the month.


§ 905.42 Assignment of shrinkage.

The market administrator shall as-sign shrinkage at the pool plant(s) ofeach handler as follows:

(a) Compute the total shrinkage ofskim milk and butterfat; and

(b) Assign the resulting amount, pro-rated to the handler's receipts of skimmilk and butterfat, respectively, in (1)milk received directly from producersand from other pool plants less transfersin bulk to other pool plants, and (2)other source milk..


§ 905.44 Transfers.

Skim milk and butterfat transferredor diverted during the month as a fluidmilk product from a pool plant to:

(a) The pool plant of another handlershall be classified as Class I, unless:

(1) Class II utilization is indicated bythe operators of both plants in their re-ports submitted pursuant to § 905.30;

(2) The receiving plant hag utizilationin Class II of equivalent amounts of skimmilk and butterfat, respectively, and

(3) Such skim milk and butterfat shallbe classified so as to allocate to producermilk the greatest possible Class I utiliza-tion in the two plants;

(b) A plant operated by a producer-handler shall be Class I milk;

(c). A nonpool plant that is a poolplant (a fully regulated plant) under an-other order issued pursuant to the Actshall be classified, if transferred in bulk,pursuant to the classification and alloca.tion procedure of the other Federalorder: Provided, That In the event suchnonpool plant receives skim milk andbutterfat from two or more plants regu-lated by an order(s) other than thatunder which it is regulated, the amountclassified in each class shall be a prorata share of such receipts, allocated tothat class.

(d) A nonpool plant, except as speci-fied in paragraphs (b) and (c) of thissection, shall be Class I milk unless:

(1) The transferring handler claimsClass II use on his report for the month;

(2) The operator of the nonpool plantmaintains books and records which aremade available for examination upon re-quest by the market administrator andwhich are adequate for verification ofsuch Class II use; and

(3) The skim milk and butterfat, re-spectively, received in the form of fluidmilk products at -the nonpool plant dur-ing the month from a pool plant(s)(except the amounts pursuant to sub-paragraph (4) of this paragraph and thesimilar provision of such other order)and from a plant(s) at which milk ispriced pursuant to another order issuedpursuant to the Act does not exceed theskim milk and butterfat, respectively,resulting from the following compu-tation:

(i) Determine the skim milk andbutterfat, respectively, -in Class II (asdefined pursuant to § 905.41(b) (1)) atsuch nonpool plant during the month;

(ii) Subtract the overage or add theactual shrinkage of skim milk and but-terfat, respectively, in the total fluidreceipts physically received at such non-pool plant but not to exceed 2 percent ofsuch total receipts during the month;

(iii) Add the increases or subtract the.decreases of skim milk and butterfat,respectively, in the Inventory of fluidmilk products at the end of the monthat such nonpool plant as compared withthat at the beginning of the month;

(iv) Add the skim milk and butterfat,respectively, in milk, skim milk, orcream transferred in bulk from suchnonpool plant to a plant at which milkis priced under this or another orderissued pursuant to the Act which is al-located to other than Class I under theapplicable order provisions at the trans-feree plant, but excluding any suchtransfers that may be classified underthis or such other order pursuant to pro-visions similar to subparagraph (4) ofthis paragraph: Provided, That if skimmilk and butterfat are received fromunregulated sources at such transfereeplant, such' skim milk and butterfat,respectively, shall be assigned to ClassIi at such plant to the maximum extentpossible for the purpose of this sub-paragraph;

739G


(v) Add the skim milk and butter-fat, respectively, in fluid bulk creamtransferred from such nonpool plant toa second nonpool plant which is not inexcess of Class II (pursuant to § 905.41(b) (1) processed in such second non-pool plant plus the bulk fluid creamshipped therefrom, to other nonpoolplants which do not dispose of milk orcream in consumer packages for con-sumption in fluid form: Provided, Thatthe second nonpool plant meets the con-ditions of subparagraph (2) of thisparagraph; and

(vi) Subtract the skim milk and but-terfat, respectively, received at suchnonpool plant from any source(s) otherthan that which has been approved bya governmental agency as a source(s)of Grade A fluid milk products. In theevent that the remaining skim milk andbutterfat, respectively, is less than theskim milk and butterfat, respectively,received at such nonpool plant from apool plant(s) and from a plant(s) atwhich milk is priced under another orderissued pursuant to the Act, the differ-ence shall be assigned pro rata to eachpool plant (in accordance with receiptsof skim milk and butterfat, respectively,from all plants regulated pursuant tothe Act) and shall be classified as

'Class I milk.(4) If such nonpool plant transfers

skim milk or butterfat as milk, skim, orcream in bulk to a pool plant, theamount so transferred which is not inexcess of receipts during the month atsuch nonpool plant from pool plantsshall be excluded from receipts withinthe meaning of subparagraph (3) ofthis paragraph, and shall be classifiedpursuant to paragraph (a) of this sec-tion as if moved directly to the secondpool plant with Class II utilization in-dicated: Provided, That if the classifi-cation limitations provided in paragraph(a) of this section result in any skimmilk or butterfat being classified asClass I from pool plants of two or morehandlers, such classification shall beshared pro rata between such handlersunless, at or before the time of report-ing, signed statements by operators ofsuch plants indicate agreement on adifferent sharing of such Class I classi-fication.


§ 905.46 Allocation of skim milk classi-fied.

The pounds of skim milk remainingafter making the following computationsshall be the pounds in each class. allo-cated to producer milk:

(a) Subtract from the total pounds ofskim milk in Class II the pounds of skimmilk shrinkage pursuant to § 905.41(b) (3) ;

(b) Subtract from the remainingpounds of skim milk in each class, inseries beginning with Class II milk, thepounds of skim milk received as othersource milk other than in the form offluid milk products;

(c) Subtract from the total pounds ofskim milk remaining in each class, inseries beginning with Class II, the poundsof skim milk in other source milk re-

No. 152-7

FEDERAL REGISTER

ceived in the form of fluid milk products,except as specified in-paragraph (d) ofthis section;

(d) Subtract from the pounds of skimmilk remaining in each class, in seriesbeginning with Class II, the pounds ofskim milk received from plants subjectto the pricing and payment provisionsof another order issued pursuant to theAct;

(e) Subtract from the pounds of skimmilk remaining in each class, in seriesbeginning with Class II, the pounds ofskim milk in inventory of fluid milk prod-ucts on hand at the beginning of themonth;

(f) Subtract from the pounds of skimmilk remaining in each class, the poundsof skim milk received from other han-dlers in such class pursuant to §§ 905.41and 905.44(a) ;

(g) Add to the remaining pounds ofskim-milk in Class II the pounds sub-tracted pursuant to paragraph (a) ofthis section; and

(h) If the remaining pounds of skimmilk in both classes exceed the poundsof skim milk in milk received from pro-ducers, subtract such excess from theremaining pounds of skim milk in eachclass in series beginning with Class II.Any amount so subtracted shall be knownas overage.

12., Delete § 905.53 and substitute thefollowing:

§ 905.53 Rates of payment on othersource milk.

The following rates of payment onother source milk to be applied pursuantto § 905.70 .(c) (e) and (f) shall be effec-tive only in the months when the totalreceipts of producer milk are 110 percentor more of the total amount from allsources 6lassified as Class I (excludingduplications) at all pool plants:

(a) On other source milk receivedother than in the form of fluid milkproducts, subtract the Class II priceadjusted by the Class II butterfat dif-ferential from the Class I price adjustedby the Class I butterfat differential; and

(b) On other source milk received inthe form of fluid milk products, subtractthe Class II price adjusted by the ClassII butterfat differential from the Class Iprice adjusted by the Class I butterfatdifferential, and adjust such differenceby the location differential applicable ata pool plant of the same location as thenearest nonpool plant(s) supplying suchother source milk.

13. Amend § 905.62(b) (2) to read asfollows:

(2) On or before the 13th day afterthe end of the month, as his pro ratashare of the expense of administration,an amount equal to that which wouldhave been computed pursuant to § 905.93had such plant been a pool plant.


§ 905.70 Computation of value of pro-ducer milk.

The value of producer milk receivedduring the month by each handler at hispool plant(s) shall be computed by themarket administrator as follows:

7397

(a) Multiply the producer milk in eachclass, as computed pursuant to § 905.48,by the applicable class prices and addtogether the resulting amounts;

(b) Add an amount computed by mul-tiplying the pounds of overage deductedfrom each class pursuant to § 905.43(h)and the corresponding step of § 905.47 bythe applicable class price.

(c) Add an amount computed by mul-tiplying the skim milk and butterfat sub-tracted from Class I pursuant to § 905.46(b) and the corresponding step of§ 905:47 by the rate as determined pur-suant to § 905.53(a) ;

(d) Add the amount obtained by mul-tiplying by the difference between theClass II price for the preceding monthand the Class I price for the currentmonth the lesser of:

(1) The hundredweight of skim milkand butterfat subtracted from Class Ipursuant to § 905.46(e) and the corre-sponding step of § 905.47; or

(2) The hundredweight of producermilk classified as Class II (except shrink-age) during the preceding month;

(e) Add an amount computed by mul-tiplying the skim milk and butterfatsubtracted from Class I pursuant to§ 905.46(c) and the corresponding stepof § 905.47 by the rate pursuant to§ 905.53(b) for the nearest plant(s) fromwhich an equal amount of other sourcemilk was received in the form of fluidmilk products; and

(f) Add an amount computed by mul-tiplying the skim milk and butterfat sub-tracted from Class I pursuant to§ 905.46(e) and the corresponding stepof § 905.47 by the. rate pursuant to§ 905.53 (a) or (b), as the case may be,Which:

(1) Isin excess of the.sum of:(i) The quantity for which payment

is computed pursuant to paragraph (d)of this section; and

(ii) The quantity subtracted fromClass II pursuant to § 905.46(d) and thecorresponding step of § 905.47; and• (2) Is also not in excess of the quan-tity subtracted from Class II pursuant to§ 905.46 (b) and (c) in the precedingmonth.


§ 905.80 Determination of daily base.

The daily base of each producer shallbe calculated by the market administra-tor as follows: Divide the total poundsof milk received at all pool plants fromsuch producer during the months ofSeptember through January by the largerof:

(a) 120 days, or(b) The number of days beginning

with the first day in such months onwhich milk is received from such pro-ducer and ending with January 31 (plusthe number of days prior to the day ofsuch first receipts on which such milkwas produced, and minus the number ofdays in January on which milk receivedfrom such producer in February wasproduced).

•16. Amend § 905.82(b) (1) to read asfollows:

(1) If one or more bases are trans-ferred to a-producer already holding a


base, a new base shall be computed byadding together the producer milk de-liveries of the transferee and transferorduring the base forming period anddividing the total by the larger of;

(i) 120 days, or(ii) The number of days beginning

with the first day on which milk is re-ceived for either the transferee or trans-feror during the base forming period andending with January 31 (plus the num-ber of days prior to the day of suchfirst receipt on which such milk was pro-duced, and minus the number of days inJanuary on which milk received fromsuch producer in February was pro-duced).

17. Delete § 905.92 and substitute thefollowing:§ 905.92 Marketing services.

(a) Except as set forth in para-graph (b) of this section, each handler,in making payments to producers formilk (other than milk of his own pro-duction) pursuant to § 905.90, shall de-duct 7 cents per hundredweight, or suchamount not exceeding 7 cents per hun-dredweight as may be prescribed by theSecretary, and shall pay such deductionsto the market administrator on or beforethe 15th day after the end of each month.Such money shall be used by the marketadministrator to verify weights, samples,and tests of milk received by handlersfrom such producers during the monthand to provide such producers with mar-ket information; and

(b) In the case of producers who aremembers of a cooperative associationwhich the Secretary has determined isactually performing the services setforth, in paragraph (a) of this section,each handler shall make, in lieu of thedeductions specified in paragraph (a) ofthis section, such deductions from thepayments to be made to such producersas may be authorized by the membershipagreement or marketing contract be-tween such cooperative assocjation andsuch producers on or before the 15thday after the end of each month, and paysuch deductions to the cooperative asso-ciation of which such producers, aremembers, furnishing a staterLent show-ing the amount of any such Cieductionsand the amount and average butterfattest of milk received from each suchproducer.

18. Redesignate § 905.97 as § 905.98and add a new § 905.97 as follows:

§ 905.98 Overdue accounts.

Any unpaid obligation of a handleror of the market administrator pursuantto § 905.62, 905.91(a), 905.92(a), 905.93,905.95, or 905.96 shall be increased .one-half of one percent each month or frac-tion thereof starting the third day afterthe date such obligation is due untilsuch obligation is paid. Any remittancereceived by the market administratorpostmarked not later than the date suchobligation is due shall be considered tohave been received when due.

CENTRAL MISSISSIPPI ORDER

1. Amend § 987.12(a) by changing thereference to § 987.13 to § 987.14..


§ 987.13 Producer."Producer" means any person, other

than a producer-handler, who producesmilk in compliance with Grade A inspec-tion requirements of a duly constitutedhealth authority, which milk is receivedduring the month at a pool plant or isdiverted pursuant to § 987.14. '


§ 987.14 Producer milk."Producer milk" means all skim milk

and butterfat received at a pool plantdirectly from producers or which Isdiverted by a handler for the account ofsuch handler, subject to the followingconditions:

(a) The operator of a pool plant maydivert the milk production of a producerto the pool plant of another handler forany number of days of the month;

(b) During December through Augustsuch a handler or a cooperative associa-tion may divert the milk production ofa producer to a nonpool plant (except anonpool plant which is fully subject tothe pricing and pooling provisions ofanother order issued pursuant to theAct) for any number of days of themonth:

(c) During the montlhs of Septemberthrough November milk production of aproducer may be diverted by a handler,from a pool plant to a nonpool plant(except a nonp6ol plant which is fullysubject to the pricing and pooling pro-visions of another order issued pursuantto the Act) as producer milk for amaximum of 10 days' production. Milkdiverted in excess of 10 days' productionof such a producer shall not be producermilk; and

(d) Milk diverted for the account of'the operator of a pool plant shall bedeemed to have been received at the,plant from which diverted, and milkdiverted for the account of a cooperativeassociation shall be deemed to have beenreceived by the cooperative associationat the location of the pool plant fromwhich it was diverted.

4. Delete § 987.44 and substitute the-following:

§ 987.44 Transfers.Skim milk and butterfat transferred

or diverted during the month as a fluidmilk product from a. pool plant to:

(a) The pool plant of another handlershall be classified as Class I, unless;

(1) Class II utilization is indicated bythe operators of both plants in their re-ports submitted pursuant to § 987.30;

(2) The receiving plant has utilizationin Class II of equivalent amounts of skimmilk and butterfat, respectively; and

(3) Such skim milk and butterfat shallbe classified so as to allocate to producermilk the greatest possible Class I utiliza-tion in the two plants.

(b) A nonpool plant that is a poolplant (a fully regulated plant) underanother order Issued pursuant to theAct shall be classified, if transferred inbulk pursuant to the classification andallocation Iprocedure of the other Fed-

eral order: Provided, That in the eventsuch nonpool plant receives skim milkand butterfat from two or more plantsregulated by an order(s) other than thatunder which it is regulated, the amountclassified in each class shall be a prorata share of such receipts allocated tothat class.

(c) A nonpool plant, except as speci-fied in paragraph (b) of this section,shall be Class I milk unless:

(1) The transferring handler claims.Class II use on his report for the month;

(2) The operator of the nonpool plantmaintains books and records which aremade available for examination upon re-quest by the market administrator andwhich are adequate for verification ofsuch Class II use; and

.(3) The skim milk and butterfat, re-spectively, received in the form of fluidmilk products at the nonpool plant dur-ing the month from a pool plant(s) (ex-cept the amounts pursuant to subpara-graph (4) of this paragraph and thesimilar provision of such other order)and from a plant(s) at which milk ispriced pursuant to another order issuedpursuant to the Act does not exceed theskim milk and butterfat, respectively, re-sulting from the following computation:

(i) Determine the skim milk and but-terfat, respectively, in Class II (as de-fined pursuant to § 987.41(b) (1)) at suchnonpool plant during the month;

(ii) Subtract the overage or add theactual shrinkage not to exceei 2 percentof total receipts of skim milk.and butter-fat, respectively, in the total fluid re-ceipts physically received at such non-pool plant during the month;

(liI) Add the increases or subtract thedecreases of skim milk and butterfat,respectively, in the inventory of fluidmilk products at the end of the monthat such'nonpool plant as compared withthat at the beginning of the month;

(iv) Add the skim milk and butterfat,respectively, in milk, skim milk, or creamtransferred in bulk from such nonpoolplant to a plant at which milk is pricedunder this or another order issued pur-suant to the Act which is allocated toother than Class I under the applicableorder provisions at the transferee plant,but excluding any such transfers thatmay be classified under this or suchother order pursuant to provisions simi-lar to subparagraph (4) of this para-graph: Provided, That if skim milk andbutterfat are received from unregulatedsources at such transferee plant, suchskim milk and butterfat, respectively,shall be assigned to Class II at suchplant to the maximum extent possiblefor the purpose of this subsection;

(v) Add the skim milk and butterfat,respectively, in fluid bulk cream trans-ferred from such nonpool plant to asecond nonpool plant which is notin excess of Class II (pursuant to § 987.41(b) (1)) processed in such second non-pool plant plus the' bulk fluid creamshipped therefrom to other nonpoolplants which do nbt dispose of milk orcream in consumer packages for con-sumption in fluid form: Provided, Thatthe second nonpool plant meets the con-ditions of subparagraph (2) of thisparagraph; and

7398


(vi) Subtract the skim milk and but-terfat, respectively, received at suchnonpool plant from any source(s) otherthan that which has been approved bya governmental agency as a source(s) ofGrade A fluid milk products. In theevent that the remaining skim milk andbutterfat, respectively, is less than theskim milk and butterfat, respectively, re-ceived at such nonpool plant from a poolplant(s) and from a plant(s) at whichmilk is priced under another order is-sued pursuant to the Act, the differenceshall be assigned pro rata to each poolplant (in accordance, with receipts ofskim milk and butterfat, respectively,from all plants regulated pursuant tothe Act) and shall be classified as ClassI milk; and

(4) If such nonpool plant transfersskim milk or butterfat as milk, skim, orcream in bulk to a pool plant, theamount so transferred which is not inexcess of receipts during the month atsuch nonpool plant from pool plantsshall be excluded from receipts withinthe meaning of subparagraph (3) of thisparagraph, and shall be classified pur-suant to paragraph (a) of this sectionas if moved directly to the 'second poolplant with Class II utilization indicated:Provided, That if the classification limi-tations provided in paragraph (a) of thissection result in any skim milk or but-terfat being classified as Class I frompool plants of two or more handlers,such classification shall be shared prorata between such handlers unless, at orbefore the time of reporting, signedstatements by operators of such plantsindicate agreement on a different shar-ing of such Class I classification.


987.46 Allocation of skim milk classi-fied.

The pounds of skim milk remainingafter making the following computationshall be the pounds in each class allo-cated to producer milk:

(a) Subtract from the total pounds ofskim milk in Class II the pounds of skimmilk determined purs.uant to § 987.42(b) (1) ;

(b) Subtract from the remainingpounds of skim milk in each class, in se-ries beginning with Class II milk, thepounds of skim milk received as othersource milk other than in the form offluid milk products;

(c) Subtract from the pounds of skimmilk remaining in each class, in seriesbeginning with Class I, the pounds ofskim milk in other source milk receivedin the form of fluid milk products, ex-cept that to be subtracted pursuant toparagraph (d) of this section; .

(d) Subtract from the pounds of skimmilk remaining in each class, in seriesbeginning with Class II, the pounds ofskim milk received from plants subjectto the pricing and payment provisions ofanother order issued pursuant to theAct;

(e) Subtract from the remainingpounds of skim milk in Class I, thepounds of skim milk in inventory of fluidmilk products on hand at the beginningof the month;

(f) Subtract from the pounds of skimmilk remaining in each class the poundsof skim milk received from pool plantsof other handlers in such class pursuantto §H 987.41 and 987.44(a).

(g) Add to the remaining pounds ofskim milk in Class II the pounds sub-tracted pursuant to paragraph (a) ofthis section; and

(h) If the remaining pounds of skimmilk in all classes exceeds the pounds ofskim milk received from producers,subtract such excess from the remainingpounds of skim milk in each class inseries beginning with Class II. Anyamount so subtracted shall be known asoverage.

§ 987.47 Allocation of butterfat classi-fied.

Allocate the pounds of butterfat ineach class to producer milk in the samemanner as that prescribed for skim milkin § 987.46.§ 987.48 Computation of total producer

milk in each class.

Combine into one total the amountscomputed pursuant to §§ 987.46 and987.47 for each class and determine theweighted average butterfat content ofproducer milk.

6. Amend § 987.50(c) to read asfollows:

(c) The average of the basic or fieldprices per hundredweight reported tohave been paid or to be paid for milk of4.0 percent butterfat content receivedfrom farmers during the month at thefollowing plants or places for whichprices have been reported to the marketadministrator or to the Department ofAgriculture:

Present Operator and LocationMcClendon Cheese Co., Newton, Miss.Borden .Co., Starksville, Mis.Carnation Co., Tupelo, Miss.Pet Milk Co., Kosciusko, Miss.

7. Amend § 987.53 starting with, "Pro-vided, That", to read as follows:"Provided, That, for the purposes of cal-culating such location differential, prod-ucts so designated as Class I milk whichare transferred between pool plants shallbe assigned to any remainder of Class IImilk in the transferee-plant after makingthe calculation prescribed in § 987.46(d)and the corresponding steps of § 987.47for such plant , and after deducting fromsuch remainder an amount equal to 0.05times the skim milk and butterfat con-tained in the producer milk received atthe transferee-plant, such assignment totransferor-plants to be made first toplants at which the greatest locationdifferential is applicable."


The following rates of payment onother source milk to be applied pursuantto § 987.70 (d) and (e) shall be effectiveonly in the months when the total re-ceipts of producer milk are more than110 percent of the total amount from allsources classified as Class I (excludingduplications) at all pool plants:

(a) On other source milk receivedother than in the form of fluid milk

products, subtract the Class II price ad-justed by the Class II butterfat differ-ential from the Class I price adjusted bythe Class I butterfat differential; and

(b) On other source milk received inthe form of fluid milk products, subtract-the Class II price adjusted by the ClassII butterfat differential from the Class Iprice adjusted by the Class I butterfatdifferential, and adjust such differenceat the same rate of location differentialas set forth in § 987.53 for the locationof the nearest nonpool plant(s) supply-ing such other source milk.


§ 987.70 Computation of value of pro-ducer milk.

The value of producer milk receivedduring the month by each handler at hispool plant(s) shall be computed by themarket administrator as follows:

(a) Multiply the pouhds of such milkin each class by the applicable classprice;

(b) Add t o g e t h e r the resultingamounts;

(c) Add the amounts computed bymultiplying the pounds of overage de-ducted from each class by the applicableclass price;

(d) Add an amount computed by mul-tiplying the hundredweight of skimmilk and butterfat subtracted from ClassI, pursuant to § 987.46(b) and the cor-responding step of § 987.47, by the rateof payment determined pursuant to§ 987.54(a).

(e) Add an amount computed by mul-tiplying the hundredweight of skim milkand butterfat subtracted from Class I,pursuant to § 987.46(c) and the corre-sponding step of § 987.47, by the rateof payment determined pursuant to§ 987.54(b).

9. Amend § 987.71(a) to read as foI-lows:

(a) Combine into one total the valuescomputed pursuant to § 987.70 for theproducer milk of all handlers who sub-mit reports prescribed in § 987.30 andwho have made payments for the pre-vious month pursuant to § 987.97.

10. Amend § 987.72 (a) to read asfollows: ,

(a) Compute the aggregate value ofexcess milk for all handlers who submitreports pursuant to § 987.30, and whohave made payments for the previousmonth pursuant to § 987.97, as follows:(1) Multiply the hundredweight of suchmilk not in excess of the total quantityof producer milk assigned to Class IImilk in the pool plants of such handlersby the Class II milk price; (2) multiplyany additional hundredweight of suchmilk by the Class I milk price; and (3)add together the resulting amounts.


§ 987.80 Determination of daily base.

The daily base of each producer shallbe calculated by the market administra-tor as follows: Divide the total pounds ofskim milk received by all pool plants



from such producer during the monthsof September through January by thelarger of:

(a) 120 days, or(b) The number of days beginning

with the first day in such months onwhich milk is received from such pro-ducer and ending with January 31 (plusthe number of days prior to the day ofsuch first receipts on which such milkwas produced, and minus the number ofdays in January on which milk receivedfrom such producer in February wasproduced).

12. Amend § 987.82(b) (1) to read asfollows:

15. Redesignate the present §§ 987.99,987.100, 987.101, and 987.102 as §§ 987.-100, 987.105, 987.106 and 987.107, respec-tively, and add a new § 987.99 as follows:


Any unpaid obligation of a handler orof the market administrator pursuant to§§ 987.62, 987.93, 987.94(a), 987.95,987.97, or 987.98 shall be increased one-half of one percent each month or frac-tion thereof starting the third day afterthe date such obligation is due untilsuch obligation is paid. Any remittancereceived by the market administratorpostmarked not laterthan the date suchobligation is due shall be considered to

(1) If a base is transferred to a pro- have been received when due.ducer already holding a base, a new base MississiPi GULF COAST ORDERshall be computed by adding together theproducer milk deliveries of the transferee 1. Amend § 1014.10(b) as follows:and the transferor during the base form- (b) A supply plant'from which duringing period and dividing the total by the the month 50 percent or more of re-larger of: ceipts from dairy farmers producing

(i) 120 days; or Grade A milk is moved to a plant(s) de-(ii) The number of days beginning scribed in paragraph (a) of this section.

with the first day of which milk is re- Any supply plant that was a Pool plantceived for either the transferee or trans- during each of the months of Septemberferor during the base forming period and through January immediately precedingending with January 31 (plus the num- shall continue to be a pool plant each ofber of days prior to the day of such first the following months of Febrdaryreceipt on which such milk was produced, through August unless written notice toand minus the number of days in Jan- the market administrator is received,uary on which milk received from such' before the first day of the month of itsproducer in February was produced), intention to withdraw, in which case

13. Amend § 987.94(b) to read as fol- such plant shall thereafter be a nonpoollows: plant, unless it again qualifies as a supply

plant by shipping 50 percent or more of(b) In the case of producers who are its receipts from dairy farmers to amembers of a' cooperative association plant(s) described in paragraph (s) ofwhich the Secretary has determined is this section.actually performing the services set forthin paragraph (a) of this section, each 2. Amend § 1014.12(c) as follows:handler shall make, in lieu of the deduc- (c) A cooperative association with re-tion specified in paragraph (a) of this spect to milk of producers diverted forsection, such deductions from the pay- the account of such association from aments to be made to such producers as pool plant to a nonpool plant in accord-may be authorized by the membership ance with § 1014.15.agreement or marketing contract be-tween such cooperative association and 3. Delete § 1014.14 and substitute thesuch producers on or before the 15th day following:after the end of each month, and pay § 1014.14 Producer.such deductions to the cooperative asso- "Producer" means any person otherciation of which such producers are than a producer-handler, who producesmembers, furnishing a statement show- milk in compliance with Grade A inspec-ing the amount of any such deductions tion requirements of a duly constitutedand the amount and average butterfat health authority, which milk is receivedtest of milk received from reach such during the month at a pool plant or isproducer. diverted -r,,,t, t s l nA 1r


§ 987.95 Expense of didministration.

As his pro rata share of the expenseof administration of this part, each han-dler shall pay to the market administra-tor on or before the 15th day after theend of the month, for the immediatelypreceding month, five cents per hundred-weight, or such amount not exceedingfive cents per hundredweight, as the Sec-retary may prescribe, with respect to all:

(a) Receipts of producer milk, includ-ing such handler's own production;

(b) Other source milk allocated toClass I pursuant to § 987.46 (b) and (c)and the corresponding steps of § 987.47;and

(c) Applicable amounts specified in§ 987.62 (a) (2) or (b).(2).


§ 1014.15 Producer milk.

"Producer milk" means all skim milkand butterfat contained in milk receivedat a Pool plant or by a cooperative asso-ciation as provided pursuant to§ 1014.12(c) for the account of guchhandler, subject to the following condi-tions:' (a) The operator of a pool plant maydivert the milk production of a producerto the pool plant of another handler forany number of days of the month;

(b) During March through July theoperator of a pool plant or a cooperativeassociation may divert milk from a poolplant to a nonpool plantin an amountnot in excess of two-thirds of the total

quantity of milk physically received ata pool lplant during the month: Provided,That such diversion privileges in anymonth shall be applicable only to themilk of those dairy farmers who heldproducer status throughout the two im-mediately preceding months;

(c) During the months of Augustthrough February the operator of a poolplant or a cooperative association as pro-vided pursuant to § 1014.12(c) may di-vert milk from a pool plant to a nonpoolplant in an amount not in excess of

.one-third of the total quantity otj milkphysically received at a pool plant dur-ing the month;

(d) Milk diverted for the account ofthe operator of a pool plant shall bedeemed to have been received at theplant from which diverted, and milkdiverted for the account of a cooperativeassociation shall be deemed to have beenreceived by the cooperative associationat the location of the pool plant fromwhich it was diverted..

(e) In case milk diverted is in excessof the amount specified in paragraphs(b) or (c) of this section, only that milkphysically received at a pool plant willbe producer milk.

5. Amend § 1014.22(i) as follows:

(i) Publicly announce by posting in aconspicuous place in his office and bysuch other means as he deems appropri-ate, and notify each handler in writing:

(1) On or before the 6th day of eachmonth, the minimum price fo Class Imilk pursuant to § 1014.50(a) and theClass I butterfat differential computedpursuant to § 1014.51(a), both for thecurrent month, and the minimum pricefor Class II milk computed pursuant to§ 1014.50(b) and theClass II butterfatdifferential computed pursuant to§ 1014.51(b) both for the previousmonth;

(2) On or before the 10th day afterthe end of each of the months of Augustthrough February, the uniform pricecomputed pursuant to § 1014.71 and thebutterfat differential computed pursu-ant to § 1014.81; and

(3) On or before the 10th day afterthe end of each of the months of Marchthrough July, the uniform prices forbase milk and for excess milk computedpursuant to § 1014.72 and the butterfatdifferential computed pursuant to§ 1014.81.

6. Amend the first paragraph of§ 1014.30 as follows:

§ 1014.30 Reports of receipts and utili-zation.

On or' before the sixth day of each,month each handler operating a poolplant(s), each handler (other than aproducer-handler) who operates a non-pool distributing plant and any coopera-tive association with respect to milk forwhich it is a handler shall report for thepreceding month to the market adminis-trator in the detail and on forms pre-scribed by the market administrator asfollows:


7400

Friday, August 5, 1960 7401§ 1014.44 Transfers.

Skim milk and butterfat transferredor diverted during the month as a fluidmilk product from a pool plant to:

(a) The pool plant of another han-dler shall be classified as Class I, unless:

(1) Class II utilization is indicated bythe operators of both plants in theirreports submitted pursuant to § 1014.30;

(2) The receiving-plant has utiliza-tion in Class II of equivalent amounts ofskim milk and butterfat, respectively;and

(3) Such s kim milk and 'butterfatshall be classified so as to allocate to pro-ducer milk the greatest possible Class Iutilization in the two plants;

(b) A plant operated by a producer-handler shall be Class I milk;

(c) A nonpool plant that is a poolplant (a fully regulated plant) underanother order istued pursuant to the

'Act shall be classified, if transferred inbulk, pursuant to the classification andallocation procedure of the other Fed-eral order: Provided, That in the event

-such nonpool plant receives skim milkand butterfat from two or more plantsregulated by one order(s), other thanthat under which it is regulated, theamount classified in each class shall bea pro rata share of such receipts allo-cated to that class;

(d) A nonpool plant, except as speci-fied in paragraphs (b) and (c) of thissection, shall be Class I milk unless:

(1) The transferring handler claimsClass II use on his report for, the month;

(2) The operator of the nonpool plant.maintains books and records which aremade available for examination uponrequest by the market administrator andwhich ard adequate for verification ofsuch Class II use; and

(3) The skim milk and butterfat, re-spectively, received in the form of fluidmilk products received at the nonpdolplant during the month fr6m a poolplant(s) (except the amounts pursuantto subparagraph (4) of this paragraphand the similar provision of such otherorder) and from a plant(s) at whichmilk is priced pursuant to another order'issued pursuant to the Act does-not ex-ceed the skim milk and butterfat, respec-tively, resultind- from the followingcomputation:

(i) Determine the skim milk and but-terfat, respectively, in Class II (as de-fined pursuant to § 1014.41(b) (1)) atsuch nonpool plant during the month;

(ii) Subtract the overage or add theactual shrinkage not to exceed 2 percentof total receipts of skim milk and butter-fat, respectively, in the total receiptsphysically received at such nonpool plantduring the month;

(iii) Add the increases or subtract thedecreases of skim milk and butterfat,respectively, in the inventory of fluidmilk products at the end of the month atsuch nonpool plant as compared withthat at the beginning of the month;

(iv) Add the skim milk and butterfat,respectively, in milk, skim milk, or creamtransferred in bulk from such nonpoolplant to a plant at which milk is pricedunder this or another order issued pur-suant to the Act which is allocated toother than Class I under the applicable

order provisions at the transferee plant,but excluding any such transfers thatmay be classified under this or such otherorder pursuant to provisions similar tosubparagraph (4) of this paragraph:Provided, That if skim milk and butter-fat are received from unregulated sourcesat such transferee plant, such skim milkand butterfat, respectively, shall be as-signed to Class II at such plant to themaximum extent possible for the purposeof this subparagraph;

(v) Add the skim milk and butterfat,respectively, in fluid bulk cream- trans-ferred from such nonpool plant to asecond nonpool plant which is not inexcess of Class II (pursuant to § 1014.41(b) (1) ) processed in such second nonpoolplant plus the bulk fluid cream shippedtherefrom to other nonpool plants whichdo not dispose of milk or cream in con-sumer packages for consumption in fluidform: Provided, That the second non-pool plant meets the conditions of sub-paragraph (2) of this paragraph; and

(vi) Subtract the skim milk and but-terfat, respectively, received at suchnonpool plant from any source(s) otherthan that which has been approved bya governmental agency as a source(s) ofGrade A fluid milk products. In theevent that the remaining skim milk andbutterfat, respectively, is less than theskim milk and butterfat, respectively,received at such nonpool plant from apool plant(s) and from a plant(s) atwhich milk is priced under another orderissued pursuhnt to the Act, the differenceshall be assigned pro rata to each poolplant. (in accordance with receipts ofskim mill- and butterfat, respectively,from all plants regulated pursuant to theAct) and shall be classified as Class Imilk; and

(4) If such nonpool plant transfersskim milk or butterfat as milk, skimmilk, or cream in bulk to a pool plant,the amount so transferred which is notin excess of receipts during the monthat such nonpool plant from pool plantsshall be excluded from receipts withinthe meaning of subparagraph (3) of thisparagraph, and shall be classified pur-suant to paragraph (a) of this section asif moved directly to the second poolplant with Class II utilization indicated:Provided, That if the classification limi-tations provided In paragraph (a) of thissectn result in any skim milk or butter-fat being classified as Class I from pool.plants of two or more handlers, suchclassification shall be shared pro ratabetween such handlers unless, at or be-fore the time of reporting, signed state-ments by operators of such plantsindicate agreement on a different shar-ing of such Class I classification.


§ 1014.46 Allocation of skim milk clas-sified.

The pounds of skim milk remainingafter making the following computationshall be the pounds in each class allo-cated to producer milk:

(a) Subtract from the total pounds ofskim milk in Class II the pounds ofskim milk determined pursuant to§ 1014.41(b) (3) ;

(b) Subtract from the remainingpounds of skim milk in each class, inseries beginning with Class II milk, thepounds of skim milk received as othersource milk other than in the form offluid milk products;

(c) Subtract from the pounds of skimmilk remaining in each class in seriesbeginning with Class II, the pounds ofskim milk in other source milk receivedin the form of fluid milk products, exceptthat to be subtracted pursuant to para-graph (d) of this section;

(d) Subtra~t from the pounds of skimmilk remaining in each class in seriesbeginning with Class II, the pounds ofskim milk received from plants subjectto the pricing and payment provisions ofanother order issued pursuant to the Act;

(e) Subtract from the pounhs of skimmilk remaining in each class, in seriesbeginning with Class II, the pounds ofskim milk in inventory of fluid milkproducts on hand at the beginning ofthe month;

(f) Subtract from the pounds of skimmilk remaining in each class the poundsof skim milk received from pool plantsof other handlers in such class pursuantto § 1014.41 and 1014.44(a);

(g) Add to the remaining. pounds ofskim milk in Class II the pounds sub-tracted pursuant to paragraph (a) ofthis section; and

(h) If the remaining pounds of skimmilk in all classes exceeds the pounds ofskim milk in milk received ^from pro-ducers, subtract such excess from the re-maining pounds of skim milk in eachclass in series beginning with Class II.Any amount so subtracted . shall beknown as overage.

9. Add two new §H 1014.47'and 1014.48as follows:

§ 1014.47 Allocation of butterfat classi-fied.

Allocate the pounds of butterfat ineach class to producer milk in the samemanner as that prescribed for skim milkin § 1014.46.

§ 1014.48 Computation of total pro-ducer milk in each class.

Combine into one total the amountscomputed pursuant to §§ 1014.46 and1014.47-for each class and determine theweighted average butterfat content ofproducer milk.


§ 1014.52 Location differentials tohandlers.

For milk which is received from pro-ducers at a pool plant located more than60 miles by the shortest highway dis-tance as determined by the market ad-ministrator from the courthouse inGulfport or Pascagoula, Mississippi,whichever is closer, and which is classi-fied as Class I milk the prices computedpursuant to § 1014.50(a) shall be reducedby 10 cents if such plant is located morethan 60 miles but not more than 160miles from such courthouse and by anadditional 1.5 cents for each 10 milesor fraction thereof that such distanceexceeds 160 miles: Provided, That, forthe purposes of calculating such loca-

FEDERAL REGISTER


tion differentials, fluid milk productstransferred between pool plants shall beassigned to any remainder of Class IImilk in the transferee-plant after mak-ing the calculations prescribed inJ 1014.46(d) and the comparable steps in§ 1014.47 for such plant, such assignmentto transferor-plants to be made first toplants at which the greatest locationdifferential is applicable.

11. Change the present § 1014.53 toq 1014.54 and add a new § 1014.53 asfollows:


The following rates of payment onother source milk to be applied pursuantto § 1014.70 (c) (e) and (f) shall be ef-fective only in the months when thetotal receipts of producer milk are morethan 112 percent of the total amountfrom all sources classified as Class I (ex-cluding duplications) at all pool plants:

(a) On other source milk receivedother than in the form of fluid milk

.products, subtract the Class II price ad-justed by the Class II butterfat differ-ential from the Class I price adjusted bythe Class I butterfat differential; and

(b) On other source milk received inthe form of fluid milk products, subtractthe Class II price adjusted by the ClassII butterfat differential from the ClassI price adjusted by the Class I butterfatdifferential, and adjust such differenceat the saine rate of location differentialas set forth in § 1014.52 for the locationof the nearest nonpool plant(s) supply-ing such other source milk.

12. Amend the first paragraph of§ 1014.61 to read as follows:

§ 1014.61 Handler operating a nonpooldistributing plant.

Each handler who operates, during themonth, a nonpool distributing plant shallpay to the market administrator the

-amounts calculated pursuant to para-graph (a) \of this section unless the han-dler elects at the time of reporting pur-suant to § 1014.30 to pay the amountscomputed pursuant to paragraph (b) ofthis section. The amounts payable pur-suant to this section shall be, made onor before the 25th day after the end ofthe months.


§ 1014.70" Cpmputation of the value ofmilk received from producers byeach handler.

The value of milk received duringeach month by each handler from pro-ducers shall be a sum of money com-puted as follows:

(a) Multiply the pounds of milk in.each class computed pursuant to§ 1014.48 by the applicable class pricesand add together the resulting amounts;

(b) Add an amount cormputed by mul-tiplying the pounds of overage deductedfrom each class pursuant to § 1014.46(h)and the corresponding step of § 1014.47by the applicable class price;

(c) Add an amount computed by mul-tiplying the skim milk and butterfat-subtracted from Class I pursuant to

§ 1014.46(b) and the corresponding stepof § 1014.47 by the rate as determinedphrsuant to § 1014.53 (a).

(d) Add the amount obtained by mul-tiplying by the difference between theClass II price for the preceding monthand the Class I price for the currentmonth the lesser of:

(1) The hundredweight of skim milkand butterfat subtracted from Class Ipursuant to § 1014.46(a) and the cor-responding step of § 1014.47; or

(2) The hundredweight of producermilk classified as Class II (exceptshrinkage) during the preceding month;

(e) Add an amount computed by mul-tiplying the skim milk and butterfatsubtracted from Class I pursuant to§ 1014.46(c) and the corresponding stepof § 1014.47 by the rate pursuant to§ 1014.53(b) for the nearest plant(s)from which an equal amount of othersource milk was received in the form offluid milk products; and

(f) Add an amount computed by mul-tiplying the skim milk and butterfatsubtracted from Class I pursuant to§ 1014.46(e) and the corresponding stepof § 1014.47 by the rate pursuant to§ 1014.53 (a) or (b) as the case may be,which:

(1) Isinexcessofthesumof:(i) The quantity for which payment

Is computed pursuant to paragraph (d)of this section; and

(ii) The quantity. subtracted for thepreceding month from Class II pursuantto § 1014.46(d) and the correspondingstep of § 1014.47; and ,

(2) Is also not in excess of the quan-tity subtracted from Class II pursuant to§ 1014.46 (b) and (c) in the precedingmonth.

14. Amend § 1014.72(b) by changingthe reference to § 1014.81 to § 1014.82.

15. Amend § 1014.72(d) by changingthe reference to § 1014.82 to § 1014.81.


§ 1014.75 Determination of daily base.The daily base of each producer shall

be calculated by the market administra-tor as follows: Divide the total pounds ofmilk received by all pool plants fromsuch producer during the months ofSeptember through January by thelarger of:

(a) 120 days, or(b) The number of days beginning with

the first day in such months on whichmilk is received from such producer andending with January 31 (plus the-num-ber of days prior to the day of suc firstreceipt on which such milk was proguced,and minus the number of days in Janu-ary on which milk received from suchproducer in February was produced).

17. Delete § 1014.77(a) and substitutethe following:

§ 1014.77 Base rules.The following rules shall apply in con-

-nection with the establishment of bases:(a) A base shall be assigned to:(1) Each person for whose account

milk is received at a pool plant duringthe months of September through Janu-ary in accordance with § 1014.75 except

that the total receipts from a person forwhose account milk is received at a poolplant for less than 120 days during themonths of September through Januaryand for whose account milk is also re-ceived at a plant(s) fully regulated byanother order issued pursuant to the Actduring the months of September throughJanuary shall be determined by com-bining into one total the receipts at apool plant(s) and .at a plant(s) fullyregulated under another order;

(2) Each person that, during themonth, has not been assigned a baseunder another order issued pursuant tothe Act, but for whose account milk wasreceived at a plant that did not qualifyas a pool plant during each month of thebase forming period, but which qualifiesas a pool plant during any of the im-mediately following months of Marchthrough July, on such receipts at suchplant as if such plant had been a poolplant during each month. of the baseforming period; and

(3) Each person that, during themonths, has been assigned a base underanother order issued pursuant to the Act,but for whose account milk was receivedat a plant that did not qualify as a poolplant during each month of the baseforming period, but which qualifies as apool plant during any of the immediatelyfollowing months of March through July,the same as the base assigned undersuch other order.

(b) An entire base shall be transferredfrom a person holding such base to an-other person as of the end of the monthduring which an application for the

-transfer of such base is received by themarket administrator, such applicationto be on forms approved by the marketadministrator and signed by the baseholder or his heirs and by the person towhom such base is to be transferredsubject to the following conditions:

(1) If one or more bases are trafs-ferred to a producer already holding abase, a new base shall be computed byadding together the producer milk de-liveries of the transferee and transferorduring the base forming period and di-viding the total by the larger of:

(i) 120 days; or(ii) The number of days beginning

with the first day on which milk is re-ceived from either the transferee ortransferor during the base forming pe-riod and ending with January 31 (plusthe number of days prior to the day ofsuch first receipt on which such milk wasproduced, and minus the number of. daysin January on which milk received fromsuch producer in February was pro-duced).

18. Redesignate § 1014.89 as § 1014.90and add a new § 1014.89.


Any unpaid obligation of a handler orof the market administrator pursuant to§§ 1014.61, 1014.84, 1014.85, 1014.86,1014.87(a) or 1014.88 shall be increasedone-half of one percent each month orfraction thereof starting the third dayafter the date such obligation is due un-til such obligation is paid. Any remit-tance received by the market adnminis-trator postmarked not later than the

7402


date such obligation is due shall be con-sidered to have been received when due.

Issued at Washington, D.C., this 2dday of August 1960.

Roy W. LENNARTSON,Deputy Administrator.

[F.R. Doc. 60-7298; Filed, Aug. 4, 1960;.8:48 a.m.l

[7 CFR Part 957]

IRISH POTATOES GROWN IN CERTAINDESIGNATED COUNTIES IN IDAHOAND MALHEUR COUNTY, OREGON

Notice of Proposed Expenses andRate of Assessment

Notice is hereby given that the Secre-tary of Agriculture is considering theapproval of the expenses and rate ofassessment hereinafter set -forth, whichwere recommended by the Idaho-East-ern Oregon Potato Committee, estab-lished pursuant to Marketing AgreementNo. 98, as amended, and Order No. 57,as amended (7 CFR Part 957), regulatingthe- handling of Irish potatoes grown incertain designated counties in Idaho andMalheur County, Oregon, issued underthe Agricultural Marketing AgreementAct of 1937, as amended (7 U.S.C. 601-674).

Consideration will be given to any data,views, or arguments pertaining thereto,which are filed with the Director, Fruitand Vegetable Division, AgriculturalMarketing Service, United States De-'partment of Agriculture, Washington 25,D.C., not later than 15 days.followingpublication of this notice in the FEDERALREGISTER.

The proposals are as follows:

§ 957.213 Expenses and rate of assess-ment.

(a) The reasonable expenses that arelikely to be incurred by the Idaho-East-ern Oregon Potato Committee, estab-lished pursuant to Marketing AgreementNo. 98 and Order No. 57, both asamended, to enable such committee 'toperform its functions, pursuant to pro-visions of the amended marketing agree-ment and order, during the fiscal periodbeginning June 1, 1960, and ending May31, 1961, will amount to $30,000.00.

(b) The rate of assessment to be paidby each handler, pursuant to MarketingAgreement No. 98 and Order No. 57, bothas amended, shall be sixty cents per car-load or fraction thereof, or per truckloadof 5,000 pounds or more, of 'potatoeshandled by him as the first handlerthereof during said fiscal period. I

(c) Terms used in this section shallhave the same meaning as when used inthe said amended marketing agreementand order.(Secs. 1-19, 48 Stat. 31, as amended, 7 U.S.C.601674)

Dated: August 1, 1960.

FLOYD F. HEDLUND,Deputy Director, Fruit and Vege-

table Division, AgriculturalMarketing Service.


[7 CFR Part 10201

HANDLING OF APRICOTS GROWN INDESIGNATED COUNTIES-IN WASH-INGTON

Notice of Proposed Rule Making WithRespect to Carryover of Unex-pended Funds

Consideration is being given to thefollowing proposal submitted by theWashington Apricot Marketing Commit-tee, established under Marketing Agree-ment No. 132 and Order No. '120 (7 CFRPart 1020), regulating the handling ofapricots grown in designated counties inWashington, effective under the Agri-cultural Marketing Agreement Act of1937, as amended (7 U.S.C. 601-674), asthe agency to administer the terms andprovisions thereof:

(1) That the Secretary of Agriculturedetermine that it is appropriate for themaintenance and functioning of thecommittee that unexpended assessmentfunds in the amount of $5,765.09, whichare in excess of expenses incurred duringthe fiscal period ended March 31, 1960,shall be carried over as a reserve, andmay be used, in accordance with the pro-visions of § 1020.42 of the said marketingagreement and order.

Consideration will be given to writtendata, views, or arguments pertaining tothe aforesaid proposal which are receivedby the Director, Fruit and Vegetable Di-vision, Agricultural Marketing Service,United States Department of Agriculture,Room 2077, South Building, Washington25, D.C., not later than the 10th day afterpublication of this notice in the FEDERALREGISTER. All documents should be filedin quadruplicate.

Terms used herein shall have the samemeaning as when used in the marketingagreement and order.(secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C.601-674)

Dated: August'1, 1960.FLOYD F. HEDLUND,

Deputy Director, Fruit and Veg-etable Division, AgriculturalMarketing Service.


FEDERAL COMMUNICATIONSCOMMISSION

[47 CFR Part 2]

[Docket No. 13737; FCC 60-983]

SPECIFICATIONS OF BANDWIDTH OFCERTAIN KINDS OF TRANSMITTERSPRODUCING COMPOSITE TRANS-MISSIONS

Notice of Proposed Rule Making

1. Notice is hereby given of proposed.rule making in the above-entitledmatter.

2. The purposes of the rules proposedherein are to provide satisfactory for-mulas for computing the necessarybandwidth and to provide for a standardmodulation condition for measuring theoccupied bandwidth of certain kinds oftransmitters. The proposed rules areset forth below.

3. "Necessary bandwidth", as definedin § 2.202(a) of the Commission's rules,is the established criterion in most radioservices for assigning the bandwidthprefix in the emission designator usedin licensing and type acceptance proce-dures. Section 2.202(b) provides a tableof formulas for calculating necessarybandwidths for various types of equip-ment. Presently the formulas in thistable are not designated as applicable tocomposite types of emissions producedby multiplex modulation systems. The.formulas set forth below for inclusionin the tables of § 2.202(b) would apply toequipm6nt employing composite modula-tion systems to provide a plurality ofchannels over a single transmitter.

4. "Occupied bandwidth", as definedin § 2.524(c) of the Commission's rules,also is an important characteristic oftransmitting equipment. It provides anindex of the spectrum distribution of thepower radiated by the transmitter, thuspermitting an evaluation of the inter-ference potential of the equipment. TheCommission requires an actual measure-ment of occupied bandwidth to be sub-mitted with transmitter type acceptanceapplications. Up to the present time, astandard method of measuring the occu-pied bandwidth of transmitters whichproduce composite emissions has notbeen set forth in the rules. This has ledto some confusion and misunderstandingabout the technical requirements andmeasurement procedures which shouldbe employed in connection with type ac-ceptance applications. It appears thatstandardization of the modulation con-ditions for such measurements wouldbenefit applicants for type acceptanceand would aid the Commission by mini-mizing confusion. Standardization alsowould provide a foundation for a moreequitable evaluation of type acceptanceapplications. The specified modulationconditions proposed for occupied band-width measurement in this rule makingare considered "representative" and areparallel with similar requirements speci-fied for other types of transmitters. Inessence, it is proposed that, for trans-mitters in which the modulating base-band comprises more than three chan-nels, the modulating signal shouldconsist of random noise of a specifiedbandwidth and at -a specified level.Transmitters in which the modulatingbase band comprises a lesser number ofchannels should be. modulated with acomplement of signals representative ofoperating conditions. The 'signal gen-erating and the measuring equipmentrequired for the proposed measurementsare 'readily available to manufacturersof transmitting equipment.



5. In addition, it is proposed to add to§ 2.1 of the Commission's rules a defini-tion of the term "baseband". This isconsidered necessary in order to regular-ize application of the proposed band-width rules. The term "baseband" is oflong standing and is widely used andunderstood in the communications in-dustry. It is -a term embracing the ag-gregate of the frequency ranges occupiedby all the individual channels modulat-ing the transmitter.

6. In issuing this notice of proposedrule making the Commission has takencognizance of the Recommendations re-garding Microwave Bandwidth sub-mitted by the Electronic IndustriesAssociation (EIA) under date of Jan-uary 19, 1960. The proposed rulesherein are believed to be consonant withthe recommendations of the EIAdocument.7. The proposed rules are issued under

authority of sections 4(), 303 (e), (f)and (r) of the Communications Act of1934, as amended.

8. Any interested person who Is of theopinion that the proposed rules shouldnot be adopted, or should not be adoptedin the form set forth, may. file with theCommission on or before October 1, 1960,a written statement or brief setting forthhis comments. At the same time, anyperson who favors the proposed rulesmay file a statement or brief in supportthereof. Rebuttal comments or briefsmay be filed within ten days from thelast date of filing of said original com-ments or briefs. The Commission willconsider all such comments, briefs, andstatements before taking final actionand, if any comments appear to warrantthe holding of a hearing or oral argu-ment, notice of the time and placethereof will be given. t

9. In accordance with § 1.54 of theCommission's rules, an original and 14

.copies of all statements, briefs or com-ments shall be furnished the Commission.

Adopted: July 29, 1960.




§ 2.1 [Amendment] -

1. It is proposed to amend § 2.1 Defi-nitions, by adding the following in theappropriate alphabetical order:

Baseband. In the process of modula-tion, the baseband is the frequency bandoccupied by the aggrczate of the modu-lating signals when first used to modu-late a carrier,

2. It is proposed to amend the tablesin § 2.202(b) by -adding the followingclassifications:

§ 2.202 Bandwidths.( * O * n s b

(b) Table of necessary bandwoidths.

I. AMPLITUDE MODULATION

ExamplesDescription and class Necessary bandwidth in

of emission cycles per second •Details Designationof emission

Composi transmission: 2M (double sideband) ........ 625 line television relay, visual signal 13,000A9As. " limited to 4 Mc maximum, aural

channel on 6.5 Me subcarrier.M/=6.5 Xi0.Bandwidth: 13,000 kilocycles.

Composite transmission: 2M Microwave relay system providing 10 328AOAS. telephone channels occupying bse-

band between 4 and 164 kilocycles.M=164X103.Bandwidth: 328 kilocycles.

II. FREQUENCY MODULATION


of emission cycles per second. Details Designation

-, of emission

Composite trasmiwslon: 2M+2D " Microwave relay system providing 240 6800FOFS. telephone channels occupying base-

band between 60 and 1050 kilocycles.M=I.05X100.D=2.35X104.B'andwidth: 6800 kilocycles.

Composite transmission: 2M+2D TV microwave relay, aural program 17,880F,

tF. on 7.5 Mc subcarrier; subcarrierdeviation plus or minus 140 kilo-cycles.

M=subcarrier frequency plus maxi-mum deviation=(7.5 plus 0.14)X10

5.

D=1 X108 (visual) plus 0.3X105

(aural).Bandwidth: 17,880 kilocycles.

Composite transmission: 2M+2D FM Broadcast with 2 FM subearriers 30OF9FS. in multiplex at 41 and 67 kc, sub-

carrier deviation plus or minus 8 kc.M = (67 plus 8) X 103.D=52.5X103 (main) plus 2X11.25X10

(subehannels) =75X103:Bandwidth: 300 kc.

III. PULSED EMisSIONS


of emission cycles per secon .Details Designation

of emission

Composite transmission: Microwave relay, pulse-position mod- sooSPO1 t9. 2- ulated by 36 channel baseband:K=1.6 pulse width at half amplitude=0.4microseconds.

Bandwidth: 8000 kc.

3. It is proposed to amend § 2.524 byredesignating paragraph (c) (6) as(c) (8), and by adding new -paragraph(c) (6) and (7), as follows:

§ 2.524 Measurement data 'required fortype acceptance.

(C)' * **

(6) Transmitters in wtiich the modu-lating baseband comprises more thanthree independent channels-when mod-ulated with a test signal consisting ofa band of random noise extending con-tinuously from below 20 kilocycles to thehighest frequency in the baseband. Thelevel of the test signal shall be adjustedto provide RMS modulation which is22.4 percent of the full rated peakmodulation of the transmitter.

(7) Transmitters in which the modu-lating baseband comprises not more

than three independent channels-whenmodulated by the full complement ofsignals for which the transmitter israted. The level of modulation for eachchannel should be set to that prescribedin rule parts applicable to the servicesfor which the transmitter is intended.If specific modulation levels are not setforth in the rules, the test levels shouldprovide the manufacturer's maximumrated condition.

(8) Transmitter designed for othertypes of modulation-when modulatedby an appropriate signal of sufficientamplitude to be representative of thetype of service in which used. A de-scription of the input signal used shouldbe supplied.

[P.R. Doc. 60-7309; Filed, Aug. 4, 1960;8:48 a.m.] 0

7404


[47 CFR Part 3 f[Docket No. 13756; FCC 60-968]

INTERFERENCE RECEIVED BY CLASS,IV BROADCAST STATIONS SEEKINGTO INCREASE POWER.Notice of Proposed Rule Making1. Notice is hereby given of proposed

rule making in the above-entitledmatter.

2. Section 3.28(c) of the rules pres-ently provides that a Class II, II, or IVstation may be assigned to a channel,even though it receives interference, if(1) no objectionable interference iscaused to existing stations, or, if so, theneed for -the new service outweighs theneed for the service lost; (2) primaryservice will be provided to the com-munity, and (3) in pertinent part: "Theinterference received does not affectmore than 10 percent of the populationin the proposed station's normally pro-tected primary service area."

3. It is proposed to amend the firstsentence of subparagraph (3) to readas follows: "The interference receiveddoes not affect more than 10 percent ofthe population in the proposed station'snormally protected primary service areaexcept in the case of existing Class IVstations on local channels seeking to in-crease daytime power in excess of 250watts."Slight language changes are also pro-posed in the last sentence of subpara-graph (3) for clarification.

4. The Commission on May 28, 1958amended its rules to provide, with cer-tain restrictions, that the limit on day-time power of Class IV stations be raisedfrom 250 watts to 1 kilowatt. On April8, 1959, we further amended our rulesto provide for the processing of applica-tions for such facilities. There are nowpending before the Commission morethan 400 applications by Class IV sta-tions to increase their daytime powerabove 250 watts. The mutual interfer-ence among these Class IV stations seek-ing to avail themselves of the new powerceiling of 1 kilowatt would in most casesentail interference to the individual sta-tion's new service area in excess of the10 percent contemplated by § 3.28(c) (3).Notwithstanding this, in nearly all cases,additional areas and population will beserved by such increase of power to 1kilowatt. In these circumstances, andtaking into account the purposes to beserved by the amendment adopted May28, 1958, increasing the maximum day-time power of Class IV stations, it ap-pears undesirable to continue to apply§ 3.28(c) (3) to such cases and therebyfrustrate, to an extent, the improvementof service which the power increasewould enable Class IV stations Lo achieve.

5. In view of the foregoing, it is pro-posed to amend § 3.28(c) of the rulesas set forth below.

6. Pursuant to applicable proceduresset out in § 1.213 of the Commissionrules, interested persons may file com-ments on or before September 1, 1960,and reply comments on or before Sep-tember 15, 1960. In reaching its deoi-

No. 152-8

FEDERAL REGISTER

sion on the rules and standards of gen-eral applicability which are proposedherein, the Commission will not be lim-ited to consideration of comments ofrecord, but will take into account allrelevant information obtained in anymanner from informed sources.

7. Authority for the amendment pro-posed herein is contained in sections 4(i)and 303 of the Communications Act of1934, as amended.

8. In accordance with the provisionsof section 1.54 of the Commission's rulesand regulations, an original and 14 copiesof all statements, briefs, or commentsshall be filed with the Commission.

Adopted: July 27, 1960:


FEDERAL COMMUNICATIONSCOMMSSION,

[SEAL] BEN F. WAPLE;Acting Secretary.

Subparagraph (3) of § 3.28(c) isamended. As amended, paragraph (c)reads as follows:

§ 3.28 Assignment of stations to chan-nels.

(c) Upon showing that a need exists,a Class II, III, or IV station may be as-signed to a channel available for suchclass, even though interference will bereceived within its normally protectedcontour; Provided: (1) No objectionableinterference will be caused by the pro-posed station to existing stations or thatif interference will be caused, the needfor the proposed service outweighs theneed for the service which will be lostby reason of such interference; and (2)primary service will be provided to thecommunity in which the proposed sta-tion is to be located; and (3) the inter-ference received does not affect morethan 10 percent of the population in theproposed station's normally protectedprimary service area except in the caseof existing Class IV stations on localchannels seeking to increase daytimepower in excess of 250 watts. However,in the event that the nighttimb inter-ference received by a proposed Class IIor III station would exceed this amount,then an assignment may be made ifthe proposed station would provideeither a standard broadcast nighttimefacility to a community not having sucha facility or if 25 percent or more of thenighttime primary service area of theproposed station is without primarynighttime service.


[47 CFR Part 3 1[Docket No. 13755; FCC 60-966].

NONCOMMERCIAL EDUCATIONALFM BROADCAST STATIONS

Specified Nonbroadcast Activities onMultiplex Basis

1. Notice is hereby given of proposedrule making in the above-entitledmatter.

2. The Commission has before It twopetitions for rule making seeking topermit noncommercial educational FMbroadcast stations to engage in specifiednon-broadcast activities on a multiplexbasis 'to the extent and in the samemanner that commercial FM broadcaststations were so authorized by the Com-mission's Report and Order releasedMay 9, 1960, in Docket No. 12517.

3. One of these petitions was filed withthe Commission June 24,. 1960, by' theNational Association of EducationalBroadcasters. (RM 188) The otherpetition-was filed with the CommissionJune 30, 1960, by the WGBH EducationalFoundation, (RM 189) licensee of non-commercial educational Station WGBH-FM, Boston, Massachusetts. Both peti-tions alleged that 162 educational FMbroadcast stations now on the air wouldbe severely handicapped in the organi-zation of educational networks, in therendering of specialized program serv-ices, expansion of in-school educationalprogramming and allied activities if de-nied the authorization requested.

4. The Commission also has before ita petition filed on October 8, 1958, by theAmerican Medical Association which, inaddition to proposals for special Physi-cians' Radio Services which are a sub-ject of the Commission's proceeding inDocket No. 13273, also requests amend-ment of Parts 3 and 4 of the Rules "topermit non-commercial educational FMstations to multiplex broadcast channelsand to use such channels and associatedremote pickup facilities for educationalpurposes without restriction". In sup-port of its request the Medical Associa-tion cites the successful use by AlbanyMedical College of its educational FMstation WAMC for post graduate in-struction. The association urges thatthe Commission authorize multiplexingoperation by educational stations, as-serting that it will encourage the expan-sion of this valuable service and at thesame time afford "semi-private" facili-ties for the discussion of medical sub-jects whose airing on regular broadcastchannelg available to the general publicmight not be deemed acceptable. It isappropriate to consider herein this por-tion of AMA's petition of October 8,1958.

5. Petitioners WGBH EducationalFoundation together with Fordham Uni-versity and Pacifica Foundation, filedcomments in the Commission's proceed-ings, Docket No. 12517, which authorizedmultiplexing for commercial FM broad-cast stations, urging that in that pro-ceeding the Commission likewise extendthe authorization to include noncom-mercial educational FM stations. Inparagraph 15 of its Report and Order(FCC 60-497) in that proceeding, theCommission stated: "While sympatheticwith the objectives expressed in thesecomments, we feel that this issue goesbeyond the scope of our Notice of In-quiry in this proceeding, and would moreproperly be considered in connectionwith formal petitions for rule amend-ment now pending before the Com-mission."

7405


6. The Commission is now prepared toinstitute proceedings pursuant to pe-titioner's requests, and invites all inter-ested parties to submit comments on theproposal to extend, through appropriateamendments of the Commission's Rules,the authorization for Subsidiary Com-munications Service by means of multi-plexing to noncommercial educationalFM stations. The language of the pro-posal submitted by the National Associa-tion of Educational Broadcasters isbroadly phrased and would appear, inits terms, to include, without _limit, allforms of service which might be renderedby the use of a subcarrier. To the ex-tent that it may be contemplated thatnoncommercial educational FM stationsbe authorized to provide commercialbackground music or other programservices similar to the "functional music"services provided by commercial FM sta-tions to commercial subscribers, it shouldbe noted that the proposal is inconsistentwith the policy underlying § 3.503(c) ofthe Commission's rules which provide, inrelevant part, that:

(c) Each station shall furnish a nonprofitand noncommercial broadcast service. Nosponsored or commercial* program shall betransmitted nor shall commercial announce:ments of any character be made * * *

No justification is offered for amendmentof the rules in this regard and we discetnno basis in the pleadings before us fordeparting from the limits established by§ 3.503(c). Accordingly, the proposalupon which comments are invited hereinis limited to authorizing noncommercialeducational FM stations to use subcar-rier transmissions on a multiplex basisfor educational purposes which in all re-spects conform with basic policy under-lying the established rules limiting theuse of such stations to noncommercialeducational service.

7. Authority for the adoption of theamendments proposed in this proceedingis contained in sections 4(i), 303 (a),(b), (e), (g) and (r) of the Communica-tions Act of 1934, as amended.

8. Pursuant to applicable proceduresset out in § 1.213 of the Commissionrules, interested persons may file com-ments on or before September 1, 1960,and reply comments on or before Sep-tember 15, 1960. In reaching its decisionon the rules and standards of generalapplicability which are proposed herein,the Commission will not be limited toconsideration of comments of record, butwill take into account all relevant infor-mation obtained in any manner frominformed sources.

9. In accordance with the provisionsof § 1.54 of the Commission rules, anoriginal and 14 copies of all writtencomments shall be filed with theCommission.





rF.R. Doc. 00-7312; Filed, Aug. 4, 1960;8:49 a.m.I

[47 CFR Part 3][Docket No. 13264; FCC 60-974]

NEW BEDFORD, MASS.

Table of Assignments, TelevisionBroadcast Stations

1. The Commission has before it forconsideration the proposal set out-in itsnotice of proposed rule making, releasedNovember 16, 1959 (FCC 59-1148) toamend § 3.606 Table of assignments,Television Broadcast Stations, by delet-ing Channel 6 from New Bedford, Mas-sachusetts. Comments and reply com-ments have been received and the timefor filing such pleadings has nowexpired.

2. On June 16, 1960, E. Anthony &Sons, Inc., Eastern States BroadcastingCorporation, and New England Televi-sion Company, Inc., all applicants for,the Channel 6 facility at New Bedford,filed a joint request for termination ofthe proceedings in this Docket. Theseparties allude to the MemorandumOpinion and Order in Docket No. -12433(FCC 60-596), released May 27, 1960, inwhich the Commission accepted theamendment of E. Anthony & Sons, Inc.,filed June 18, 1.959, for a change in thetransmitter site for the proposed Chan-nel 6 Station, alleging that by reasonof the Commission's action, authorizingthe change of the television tower site,the interference issue relating to theUnited States Coast Guard LORAN-Cstation has been rendered substantiallymoot. The Coast Guard, in fact, with-drew its objection to the proposed site,in view of the amendment, on the recordin the adjudicatory proceeding. Tran-script of Record, Docket No. 12433, Vol-ume 5, page 125, June 23, 1960.

3. The sole basis upon which we pro-posed in this Docket to delete the assign-ment of Channel 6 from New Bedfordwas stated in the following language inthe Notice of Proposed Rule Making:

It now appears that, because of objectionsposed in the interests of national defense,there is no prospect of locating a Channel 6transmitter within the only area in which itwould comply with the mileage separationrequirements of § 3.610 of the rules.

Since, as already indicated, this proposalhas been satisfactorily solved, there is nofurther occasion for pursuing the instantproceedings.

4. Springfield Television BroadcastingCorporation submitted a counterproposallooking toward the deletion of Channel3 from Hartford, Connecticut, and itsassignment to Providenc3, Rhode Island.This counterproposal was opposed by anumber of parties. We are of the viewthat the merits of the counterproposaland the comments in opposition theretocan more appropriately be considered inthe proceeding in Docket No. 13375, inwhich the Commission has under con-sideration an additional VHF assignmentto Providence. Accordingly, these plead-ings will be considered with that Docket.

5. Authority for the action taken here-in is contained in section 4 (i) and (j),303, and 307(b) of the CommunicationsAct of 1934, as amended.

6. In view of the foregoing: It isordered, That the request for termina-tion of Commission's rule making pro-'ceeding, filed herein on June 16, 1960, isgranted; and that this proceeding isterminated.



FEDERAL COMMUNICATIONS

COMMISSION,- BEN WAPLE,

Acting Secretary.[F.R. Doc. 60-7313; Filed, Aug. 4, 1960:

8:49 a.m.I

[47 CFR Part 10]

[Docket No. 13754; FCC 60-963]

ADDITIONAL FREQUENCIES FOR AS-SIGNMENT TO LOCAL GOVERN-MENT RADIO SERVICE'

Notice of Proposed Rule Making

1. On December 18, 1957, the Commis-sion adopted the First Report andOrder in Docket No. 12169 which, Interalia, made frequencies in the 150.8-152.0 Mc band available for-assignmenton a 30 kc channel basis. This band hadbeen reallocated from government tonon-government use by CommissionOrder of September 19, 1957 (FCC57-1016).

2. The frequencies between 150.995Mc and 151.475 Mc thus created in theabove Report and Order were assignedto Part 10 (Forestry Conservation andHighway Maintenance Radio Services).This band has not heretofore been fur-ther sub-divided so as to create 15 kcchannels such as has been already ef-fected in parts of the 152-162 Mc band.

3. In the First Report and Order inDocket 13273 adopted July 20, 1960, theCommission recognized the need for ad-ditional frequencies for use in the LocalGovernment Radio Service. It waspointed out that the pyesent frequencieswere inadequate and that in some areasassignments were virtually impossible.The Commission then concluded "Toalleviate the situation, the Commisisonintends to issue a notice of proposed rulemaking in the near future proposing tosplit certain frequencies between 150.8Mc and 152 Mc and to assign the splitchannels resulting therefrom to the LocalGovernment Radio Service."

#4. In this proceeding, the Commissionis proposing to split that part of the150.8-152.0 Mc band which is presentlyassigned to Part 10 Services and to makethe resulting channels available to theLocal Government Radio Service. Thus,the frequencies affected would be thosebetween. 150.995 Mc and 151.475 Me.This would establish 16 frequencies forLocal Government radio use.

5. Since the frequencies resultingtherefrom would be 15 kc channels, theywould normally be assignable subject tothe conditions of § 10.555(g) (5) (i), (ii),(iii). Because of the difficulty involvedin meeting these conditions, it has beenthe Commission's experience that usageof such tertiary frequencies is necessar-

.7406


ily limited. Hence, while it Is not pro-posed that these conditions be eliminatedor amended with respect to these 16 newfrequencies, the Commission is raisingthis issue and is specifically seeking com-ments thereon.

6. The proposed amendment to therules is issued pursuant to the authorityof sections 303 (c), (f) and (r) of the,Communications Act of 1934, asamended.

7. Any interested person who is of theopinion that the proposed amendmentshoiild not be adopted or should not beadopted in the form set forth herein,and any persons desiring to support thisproposal may file with the Commissionon or before September 15, 1960 writtendata, views or arguments setting forthhis comments. Comments in support ofthe proposed amendments also may be

'filed' on or before the same date. Noadditional comments may be filed unless(1) specifically requested by the Com-mission or (2) good cause for the filing ofsuch additional comments is established.The Commission will consider all com-ments filed hereunder prior to takingfinal action in this matter provided that,notwithstanding the provisions of § 1.213of the rules, the Commission will not belimited solely to the comments filed inthis proceeding. If comments are sub-mitted warranting oral argument, noticeof the time and place of such oral argu-ment will be given.

8. 'In accordance with the provisionsof § 1.54 of the Commission's rules and

FEDERAL REGISTER

regulations, an original and fourteencopies of all statements, briefs or. com-ments shall be furnished the Commis-sion.

Adopted: July 27, 1960.Released: August 2, 1960.



[F.R. Doc. 60-7314: Filed, Aug. 4, 1960;8:49 a.m.l

INTERSTATE COMMERCECOMMISSION

[49 CFR Part 10][No. 32153]

UNIFORM SYSTEM OF ACCOUNTSFOR RAILROAD COMPANIES

Revenue From Parcel Rooms andFrom Storage of Baggage

JULY 25, 1960.Notice is hereby given that the Inter-

state Commerce Commission has underconsideration amendment of the ac-counting regulations (49 CFR Part 10)applicable to railroads canceling thetexts of operating-revenue accounts 134,Parcel Room, and 136, Storage-Baggage.At the same time, operating-revenue ac-

7407

count 143, Miscellaneous, will be ampli-fied to provide that revenue from opera-tion of parcel rooms and from storage ofbaggage shall be included in this account.

Explanatory . statement. Since theadvent of automatic coin lockers at sta-tions in which passengers may placetheir baggage, revenue from qperation ofparcel rooms and storage of baggage hasdeclined to an insignificant amount iiirelation to the gross revenues of carriers.The amount is not of sufficient impor-tance to call for the use of separate pri-mary accounts-in which to disclose theproceeds from this operation. There-fore, it is proposed to cancel the twoseparate accounts and include such reve-nues in the general revenue account nowprovided for incidental transportationrevenues.

All interested persons are invited tosubmit on or before September 1, 1960,written views or suggestions and may re-quest oral argument or. public hearing.

This notice will be served on all com-mon carriers by railroad, and noticewill be given to the general public by de-positing a copy in the office of the Secre-tary of the Commission at Washington,D.C., and by filing this notice with theDirector, Federal Register Division.

By the Commission, division 2.

[SEAL] HAROLD D. McCoy,Secretary.


NoticesDEPARTMENT OF THE INTERIOR

Bureau of Land Management[.Utah (11-8) 1

UTAH

Small Tract Classification CancellationJULY 29, 1960.

Effective August 1, 1960, Small TractClassification Order No. 3, dated June14, 1955, embracing the following-de-scribed lands is cancelled:

SALT LAKE MERIDIAN

T. 14S., R.10 E.,;f Sec. 19: NE/ 4 NEIA.

Containing 40 acres.

VAL B. RICHMAN,

State Supervisor.[F.R. Doc. 60-7269: Filed, Aug. 4, 1960;

8:45 a.m.]

DEPARTMENT OF COMMERCEFederal Maritime Board

[Docket No. 869]

PACIFIC COAST-HAWAII AND AT-LANTIC/GULF-HAWAII; GENERALINCREASES-IN RATES

Notice of Supplemental OrdersNotice is hereby given that the Federal

Maritime Board has entered, on thedates indicated below, the followingThfrty-Sixh and, Thirty-Seventh Sup-plemental Orders to the original orderin this proceeding dated September 10,1959, which appeared in the FEDERALREGISTER Of September 23, 1959 (24 F.R.7656) :

THIRTY-SIXTH SUPPLEMENTAL ORDER;

DATED JULY 14, 1960It appearing that by the Original

Order (as amended) in Docket 869 servedSeptember 11, 1959, the Board institutedan investigation into and concerning thereasonableness and lawfulness of therates, charges, xegulations, and practicesstated in certain schedules betweenPacific Coast ports and Hawaii as wellas between Atlantic and Gulf ports andHawaii; and

It further appearing that said OriginalOrder, as amended January 7, 1960, pro-vides in part that no change shall bemade in rates or other matters whichwere changed by said tariff schedules,until this investigation has been ter-minated by final order of the Board,unless otherwise authorized by specialpermission of the Board; and -

It further appearing that on June 20,1960, Atlantic and Gulf/Hawaii Confer-ence filed Application No. 19 seekingauthority to publish, post and file, on 30days' notice a consecutively numberedrevised page to F.M.B.-F. No. 20 in orderto establish the following commodityrate item:

7408

Group GroupItem 1141-Magnesite, Basis A ' " B

Calcined ---------- W/M 28.25 28.25

It further appearing that the Boardhaving found good cause therefor has onJuly 14, 1960, granted special permissionto publish such changes on 30 -days'notice under Special Permission No.3853; such special permission to be with-out prejudice to the right of the Boardto suspend such schedule within thenotice period, either upon receipt of pro-test thereto or upon its own motion.

It is ordered, That the Original Orderherein is modified to the extent neces-sary to permit the-publication and filingof the changes covered by such SpecialPermission No. 3853; and

It is further ordered, That copies ofthis Order shall be filed with said tariffschedules in the Office of the FederalMaritime Board; and

It is further ordered, That a copy ofthis order shall be forthwith served uponall respondents herein, and upon allprotestants herein; and that.this.orderbe published in the FEDERAL REGISTER.

THIRTY-SEVENTH SUPPLEMENTAL ORDER-DATED JULY 21, 1960

It appearing that by the OriginalOrder (as amended) in Docket 869 servedSeptember 11, 1959, the Board institutedan investigation into and concerning thereasonableness and lawfulness of therates, charges, regulations, and practicesstated in certain schedules between Pa-cific Coast ports and Hawaii as well asbetween Atlantic and Gulf ports andHawaii; and

It further appearing that said OriginalOrder, as amended January 7, 1960, pro-vides in part that no change shall bemade in rates or, other matters whichwere changed by said tariff schedules,until this investigation has been ter-minat*ed by final order of the Board, un-less otherwise authorized by Special per-mission of the Board; and

It further appearing that on July 6,1960, Matson Navigation Company filedSpecial Permission Application No. 62seeking authority to publish, post andfile on 30 days' notice, a consecutivelynumbered supplement, presumably Sup-plement No. 3, to Freight Tariff No. 3-N,F.M.B.-F. No. 103, in order to make thefollowing changes thereto:

I-Amend Rule No. 1 (Application ofRates) sub-paragraph (a) to read asfollows: "Except as otherwise providedherein rates named apply from and tbplaces on dock." /

II-Amend Rule No. 11 to be applicableto new reduced Free In and Out rate onraw bulk sugar.

III-Amend Item No. 125 to read asfollows:

Item i25-A cancels Item 125.Sugar, raw, in bulk (subject to Rules I and

11 of this tariff and all of the followingnotes)

Per tonWhen one port of loading required.- $12. 40When two ports of loading required.- $12.50

NOTES.1. Subject to prior booking arrangements

and confirmation by the carrier.2. Freight charges to be assessed on out-

turn weight of shipments. Delivery of allsuch cargo on board shall discharge car-riers' bill of lading obligation. Bills of lad-ing shall be claused: "Freight to be paid onoutturn weight. All on board to bedelivered.".3. Cargo moving under this item to be

loaded, trimmed and discharged by theshipper and/or consignee free of all expenseto the vessel bf its agent.

It further appearing that the Boardhaving found good cause therefor hason. July 21, 1960, granted special per-mission to publish such changes on notless than -thirty days' notice underSpecial Permission No. 3855;

It is ordered, That the Original Orderherein is modified to the extent neces-sary to permit the publication and filingof the changes covered by such SpecialPermission No. 3855 and Thirty-SeventhSupplemental Order; and

It is further ordered, That copies-of this.order shall be filed. with said tariffschedulesin the Office of Regulations ofthe Federal Maritime Board;. and .-

It is further ordered, That a copy.:ofthis order shall be forthwith servedupon•all respondents, Protestants, and :inter-venors herein; and that this order bepublished in the FEDERAL REGISTER. ,

By order of the Federal 'MaritimeBoard.

Dated: August 2, 1960.

JAMES L. PIMPER,Secretary.

[F.R. Doe. 60-7282; Flled, Aug. 4, '1960;8:46 a.m.]

FEDERAL COMMUNICATIONSCOMMISSION

[Docket No. 10833 etc.; FCC 60-9861

CITY oF JACKSONVILLE ET AL./

Order Reopening Record for FurtherHearing on Stated Issues

In re applications of City of Jackson-ville, Jacksonville, Florida, Docket No.10833, File No. BPCT-749; Florida-Geor-gia Television Co., Jacksonville, Florida.

,Docket No. 10834, File No. BPCT-1624;Jacksonville Broadcasting Corp., Jack-sonville Florida, Docket No. 10835, FileNo. BPCT-1625; for construction per-mits for new television stations (Chan-nel 12)."

At a session of the Federal Communi-cations Commission held at its offices inWashington, D.C., on the 29th day ofJuly 1960;

The Commission having notice of somuch of the proceedings of the sessionof June 2, 1958, of the Subcommittee on


Legislative Oversight, Committee on In-terstate and Foreign Commerce, Houseof Representatives (Legislative Over-sight Committee), as related to thequestion of possible ex parte representa-tions made during the course of theabove-entitled proceeding;

The Commission having reviewed andconsidered the information and materialadduced in the course of a further in-quiry by Commission staff into such mat-ters, undertaken at the direction of theCommission; and

It appearing that the record of theLegislative Oversight Committee andthe information disclosed by such Com-mission inquiry with respect to the mat-ter of ex parte representations raisequestion with respect to whether theaward heretofore made may be void abinitio or voidable, and whether a partyor parties to the pr'oceeding may be.dis-qualified by reason of misconduct to re-ceive an award of a television construc-tion permit*-It is ordered, 'that the record in this

proceeding is reopened and further hear-ing shall be held before a Hearing Ex-aminer to be subsequently assigned onthe following issues:

1. To determine whether any of themembers of the Commission who partici-pated shguid have disqualified himselffrom voting in the proceedings beforethe. Commission which resultedin theaward of a construction permit for atelevision station on Channel 12 inJacksonville-'2.- To' determine whether any person

or persons influenced or attempted to in-fluence any member of the Commissionwith respect to the proceedings resultingin the award of the construction permitfor Channel 12, Jacksonville, in anymanner whatsoever except by the recog-n'zed and public processes of adjudica-tion.

3.- To determine whether any party tothe,proceedings before the CommissionWhich resulted in the award of the con-struction permit for Channel 12 in Jack-sonville- directly or indirectly secured,aided, confirmed, ratified, or knew of anymisconduct or improprieties in connec-tion with the proceedings.

4. To determine, -in the light of thefacts adduced upon the foregoing issues,whether the grant heretofore made ofa construction permit for Channel 12,Jacksonville, was void ab initio and ifnot, whether such grant is voidable andaction should be taken to set it aside;whether any of the applicants in this"proceeding was and is disqualified to re-ceive a grant of its ,application; and-whether the conduct of any applicant,if not of a disqualifying character, hasbeen such as to reflect adversely uponsuch applicant from a comparativestandpoint.

It is further ordered, That the furtherhearing herein shall be held-in the cityof Washington, District of Columbia, or

.such other place as may be designated,commencing on a date to be fixed by thepresiding officer; and

It is further ordered, That all partiesto this proceeding before the Commis-sion, namely, City of Jacksonville, Flor-ida-Georgia Television Co., and Jack-

sonville Broadcasting Corporation, shallbe admitted to participate as Parties ifthey so request, and that any person orpersons concerning whom evidence maybe received in the said hearing shall bepermitted to cross-examine and to sub-mit rebuttal testimony if he or they re-quest the opportunity to do so; and

It is further ordered, That the presid-ing officer shall permit the Attorney Gen-eral of the United States or his desig-nated representative, upon request made,to participate in the hearing as amicuscuriae.

Released:. August 2, 1960.


[SEAL] BEN F. WAPLE,/ Acting Secretary.

[FR. Doc. 60-7302; Filed,: Aug. 4, 1960;8:48 a.m.]

[Docket No. 13624 etc.; FCC 60M-1334]

FREDERICK COUNTY BROAD-CASTERS ET AL.

Order Continuing HearingIn re applications of Ralph D. Epper-

son and Earlene S. Epperson, d/b asFrederick County Broadcasters, Win-chester, Virginia, Docket No. 13624, FileNo. BP-12531; Town Radio, Inc., Ship-pensburg, Pennsylvania, Docket No.13625, File No. BP-13240; Jesse J. Good-man, Berryville, Virginia, Docket No.13626, File No. BP-13860; for construc-tion permits.

The Hearing Examiner having underconsideration the record of the prehear-Ing conference held in the above-entitledproceeding on July 29, 1960, and consid-ering it to be desirable that the proce-dural agreements reached by the partiesand approved by the Hearing Examinershould be the subject of a formal order;

It appearing that the parties requireadditional time in order properly to pre-pare their technical engineering pres-"entations and that in view of the agree-ments they have entered into whichshould have the effect of simplifying andexpediting the hearing it is not unrea-sonable to continue the hearing untilNovember 1, 1960;

It is ordered, This 29th day of July1960, that the hearing in this proceeding,presently scheduled to commence Sep-tember 14, 1960, is hereby continued to10:00 a.m., Tuesday, November 1, 1960at the Commission's offices, Washington,D.C.;

It is ordered further, That (a) engi-neering exhibits in draft form, but com-plete nonetheless, are to be exchangedamong the parties not later than Sep-tember 20, 1960; (b) that all exhibitswhether engineering or non-engineering,are to be exchanged in final form, withcopy of each to be provided the HearingExaminer, not later than October 18,1960; and (c) that a second prehearingconference is hereby schedulded for 2:00p.m., Tuesday, October 25, at the Com-mission's offices, Washington, D.C.

It is ordered further, That the tran-script of the prehearingconference ishereby incorporated herein by referenceto the same effect as if it were set out

In detail so that it may serve as a readyreference to all parties in regard to theagreements therein arrived at.





[Docket Nos. 13222, 13225; FCC 60-9241

MICHIGAN BROADCASTING CO.(WBCK) AND WPET, INC. (WPET)

Memorandum Opinion, and OrderAmending Issues

In re applications of Michigan Broad-casting Company - (WBCK), BattleCreek, Michigan, Docket No. 13222, FileNo. BP-11439; WPET, Inc. (WPET),Greensboro, North Carolina, Docket No.13225, File No. BP-11742.

1. The Commission has before it forconsideration a "Petition to Delete Issue"filed May 6, 1960 by*WPET, Inc., and a"Broadcast Bureau Reply to Petition toDelete Issue" filed May 19, 1960.2, The Commission's August 19, 1959,

309(b) letter to the applicant stated asfollows:

A statement should be submitted in.support of the applicant's belief that thebroadcasting of 1,200 commercial spotannouncements per week would be in thepublic interest. The statement shouldinclude a description of the. nature, typeand general content of the commercialspot announcements proposed, the lengthof the individual announcements and themanner in which the applicant proposesto distribute 1,200 commercial spot an-nouncements throughout a weekly pro--gram schedule.

The requested information was not fur-nislied, and the following issue was desig-nated for hearing:

"9. To determine the type and char-acter of program 'service which wouldbe broadacst by Guilford Advertising,Inc., BP-11742, and whether the programservice would be in the public interest."

Petitioner requests that the above-quotedissue be deleted, and the Commission'sBroadcast Bureau filed comments insupport of this request. Petitioner al-leges that with Commission approval itacquired controlling interest in WPETfrom the party involved fn the hearingissue, and that it has amended the pro-.posal to provide for 1,105 instead of 1,200commercial spot. announcements in itsfull-time operation, that there would beno more than three such announcementsin any 141/2 minute segment, day ornight, and that the spot announcementswould not exceed 60 seconds.

4. The amended proposal meets theobjections originally outlined by theCommission, and Issue 9 will therefore bedeleted.

Accordingly, it is ordered, This 27thday of July 1960, That the Petition toDelete Issue, filed May 6, 1960, by WPET,Inc., is granted: And it is further ordered,That the order released October 28, 19,9

r L409FEDERAL REGISTER

NOTICES

(FCC 59-1079) is amended by deletingIssue 9.



[SEAL] BEN F. WAPLE,Acting Skcretary.


[Docket No. 13222, etc.; FCC 60-9281

MICHIGAN BROADCASTING CO.(WBCK) ET AL.

Memorandum Opinion and OrderSevering Applications

In re applications of Michigan Broad-casting Company (WBCK), BattleCreek, Michigan, Docket No. 13222,File No. BP-11439; WPET, Incorpoiated(WPET), Greensboro, North Carolina,Docket No. 13225, File No. BP-11742;Seven Locks Broadcasting Company, Po-tomac-Cabin John, Maryland, DocketNo. 13227., File No. BP-11877; Radio Vir-ginia, Incorporated (WXGI), Richmond,Virginia, Docket No. 13229, File No. BP-12228; The Tidewater BroadcastingCompany Inc., Smithfield, -Virginia,Docket No. 13243, File No. EP-12814;CABA Brodcasting Corporation, Balti-more, Maryland, Docket No. 13245, FileNo. BP-12962; Rossmoyne Corporation,Lebanon, Pennsylvania, Docket No.13247, File No. BP-13110; Edwin R.Fischer, Newport News, Virginia, DocketNo. 13248, File No. BP-13114; Cparles R.Rudolph, Farley W. Warner, Richard S.Cobb and Mary Cobb, d/b as Catons-ville Broadcasting Company, Catons-ville, Maryland, Docket No. 13250, FileNo. BP-13150; Mary Cobb and RichardS. Cobb, d/b as Tenth District Broad-casting Company, McLean, Virginia,et al.,-Docket No. 13251, File No. BP-13153; for construction permits.

1. The Commission has before it forconsideration the matters of record inthis proceeding including (1) the Orderdesighating the above application forhearing, released October 28, 1959 (FCC50-10791), (2) a "Petition for Sever-ance," filed June 13, 1960, by RossmoyneCorporation, Lebanon- Pennsylvania,and (3) a pleading by the Broadcast Bu-reau in support of this petition for sev-erance, tiled June 23. 1960.

2. Rossmoyne Corporation, Lebanon,Pennsylvania, is an applicant for a newstandard broadcast facility, daytime only(940 kc., 1 kw), which would be locatedin Lebanon. Onr-October 21, 1959, theCommission designated its applicationfor hearing with that of 30 other appli-cants for new or improved facilitieswithin 10 kc. of Rossmoyne's requestedfrequency assignment (FCC 59-1079).By Order released December 23, 1959(FCC 50M-1761), the Hearing Examinerestablished Groups 1, 2, 'and 3 for pur-poses of convenience since only one ortwo applications linked the various.groups to each other.

3. Rossmoyne Corporation requeststhat Group 3 be severed from this 31-party proceeding and treated separately.It notes that nine applicants are pres-ently in Group 3; that the applicants in

Group 3 were consolidated in the aboveproceeding only because of an appayentconflict between the application of Tri-Cities Radio Company, Docket No. 13240(Group 2) and the application of CapeFear Broadcasting Company, Docket No.13236 (Group 3); that since this pro-

,ceeding began, the application of CapeFear Broadcasting Company has beensevered and granted and that of Tri-Cities Radio Company dismissed; that,accordingly, there is no longer any con-flict between any of the applications inGroup 3 and any of the applications inGroups 1 and 2; and that severance ofthe Group 3 applications and designa-tion for a separate hearing would sim-plify the proceedings and result in moreexpeditious action with respect to theapplications of all three groups. TheBroadcast Bureau, reciting the samechain of events relied on by RossmoyneCorporation, supports Rossmoyne's peti-tion for severance.

4. It. is clear that the public interestwill be served by a gitant of the instantPetition for Severance filed by Ross-moyne Corporation since the hearingsresulting from such a severance are moremanageable and will permit a more ex-peditious determination of the questionsnow in issue.

Accordingly, it is ordered, This 27thday of July 1960, That the "Petition forSeverance" filed June 13, 1960, is granted,and that the applications of Seven LocksBroadcasting Company, Radio Virginia,-Incorporated (WXGI), WPET, Incorpo-rated (WPET), The Tidewater Broad-casting, Company, Caba BroadcastingCorporation, Rossmoyne . Corporation,Edwin R. Fischer, Charles R. Rudolph,Farley W. Warner, Richard S. Cobb andMary Cobb d/b as Catonsville Broadcast-ing Company, and Mary Cobb and Rich-ard S. Cobb, d/b, as Tenth DistrictBroadcasting Company are severed fromthe above-captioned proceeding for adetermination of the issues specified asto them; and

It is further ordered, That the Com-mission's order of October 28, 1959, des-ignating these applications for hearinris modified accordingly.



[SEAL) BEN F. WAPLE,Acting Secretary.


[FCC 60-936]

STANDARD BROADCAST APPLICA-TIONS READY AND AVAILABLEFOR PROCESSING

AUGUST 2, 1960.Notice is hereby given, pursuant to

§ 1.354(c) of the Commission rules, thaton September 7, 1960, the standardbroadcast applications listed in the at-tached Appendix will be considered asready and available for processing, andthat pursuant to §§ 1.106(c) (1) and1.361(b) of the Commission rules, an ap-plication, in order to be considered with

any application appearing on the listbelow, must be substantially completeand tendered for filing at the offices ofthe Commission in Washington, D.C., nolater than (a) the close of business onSeptember 6, 1960, or (b) if action istaken by the Commission on any listedapplication prior to September 7, 1960no later than the close of business onthe day prec~ding the date on whichsuch action is taken, or (c) the day onwhich a conflicting application was "cut-off" because it was timely filed for con:sideration with an application on aprevious such list.

(1) Applications listed in the at-tached Appendix, and (2) any timelyfiled applications involving an engineer-ing conflict therewith, must be amendedby the close of business on September6, 1960, to include the engineering show-ing. required by the revision of SectionV-A, FCC Form 301, adopted by the-Commission on March 16, 1960, FCC 60-243; except that any such application,(1) and (2), on which a.section 309(b)letter has been issued, prior to the adop-tion date of this Notice, need not beamended to include the said showing.However, if the engineering in any suchapplication is amended after issuanceof a section 309(b) letter, the said show-ing must be submitted with the amend-ment.

Adopted: July 27, 1C63.


[SEAL] - BEN F. WAPLE,Acting Secretary.

APPNDIX

Applications from. the top of the processingline

BP-13291 NEW, Bolivar, Tenn.Savannah Broadcasting Service,

Inc.Req: 1050 kc, 250 w, Day.

BMP-8632 WWIL, Fort Lauderdale, Fla.Florida Air-Power, Inc.Has CP: 1580 kc, 1 kw, 10 kw-LS,

DA-2, U.Req MP: 1580 kc, 5 kw, 10 kw-

LS, DA-2, U.BP-13293 NEW, New Canaan, Conn.

New Canaan Broadcasting Co.Req: 1490 kc, 250 w, U.

BP-13294 WMUU, Greenville, S.C.Bob Jones University, Inc.Has: 1260: kc, 1 kw, Day.Req: 1260 kc, 5 kw, Day.

BP-13296 NEW, Palm Springs, Calif.Cummings Broadcasting Associ-

ates.Req: 1340 kc, 250 w, U.

BP-13298 KBUN, Bemidji, Minn.Paul Bunyan Broadcasting Co.Has: 1450 kc, 250 w, U.Req: 1450 kc, 250 w, 1 kw-LS, U.

EP-13299 NEW, Espanola, N. Mex.Community Broadcasting Co. of

Espanola.Req: 1370 kc, 1 kw, Day.

BP-13300 WDOE, Dunkirk, N.Y.Lake Shore Broadcasting Co., Inc.Has: 1410 kc, 500 w, DA-N, U.Req: 1410 kc, 500 w, 1 kw-LS,

DA-N, U.BP-13301 NEW, Safford, Ariz.

Willard Shoecraft.Req: 1230 kc, 250 w, U.

BP-13302 WBRG, Lynchburg, Va.Harry A. Epperson, Sr.Has: 1050 kc, 1 kw, Day.Req: 930 kc, 5 kw, Day.


BP-13303 WINF, Manchester, Conn.Manchester Broadcasting Co.

0 Has: 1230 kc, 250 w, U.Req: 1230 kc, 250 w, 1 kw-LS, U.

BP-13305 NEW, Celina, Ohio.Marshall Rosene.Req. 1350 kc, 500 w, DA, Day.

BP-13306 WICH, Norwich, Conn.Eastern Connecticut Broadcast-

ing Co.Has: 1310 kc, 1 kw, DA-1, U.Req: 1310 kc, 1 kw, 5 kw-LS, DA-

2, U.BP-13307 NEW, Watertown, S. Dak.

Paul D. Bernards.Req: 1480 kc, 1 kw, Day.

BP-13308 NEW, Twenty-Nine Palms, Calif.HI-Desert Broadcasting Corp.Req: 1250 kc, 1 kw, Day.

BMP-8653 WAMS, Wilmington, Del.Rollins Broadcasting -of Dela-

ware, Inc.Has CP: 1380.kc, 1 kw, 5 kw-LS,

DA-2, U (5 kw when WBNXoperates).

Req MP: 1380 kc, 1 kw, 5 kw-LS,- DA-3, U (5 kw when WBNX

operates).BP-13309 NEW, Alexander City, Ala.

Radio Alexander City.Req: 910 kc, 500 w, Day.

BP-13310, NEW, Columbus, Nebr.The City and Farm Broadcasting,

Inc.Req: 1590 kc, 500,w, Day.

BP-13311 WBOW, Terre Haute, Ind.Radio WBOW, Inc.Has: 1230 kc, 250w, U.Req: 1230 kc, 250 w, 1 kw-LS U.

BP-13315 NEW, Price, Utah.Inland Empire Broadcasting Co.Req: 1050 kc, 1 kw, Day.

BP-13316 KBYG, Big Spring, Tex.Radio Station KBYG.Has: 1400 kc, 100 w, U.Req: 1400 kc, 250 w, U.

BP-13318 WEVE, Eveleth, Minn.Carl Bloomquist.Has: 1340 kc, 250 w, U.Req: 1340 kc, 250 w, 1 kw-LS, U.

BP-13320 WHOU, Houlton, Maine.Northern Maine Broadcasting

Corp.Has:.1340 kc, 250 w, U.Req: 1340 kc, 250 w, 1 kw-LS, U.

BP-13321 WISV, Viroqua, Wis.Parks Robinson.Hai 1360 kc, 500 w, Day.Req: 1360 kc, 1 kw, Day.

BP-13322 WEZJ, Williamsburg, Ky.Whitley County BroadcastingCo., Inc.Has: 1440 kc, 500 w, Day.Req: 1440 kc, 1 kw, Day.

BP-13323 NEW, Kallua, Hawaii.Egal Radio.Req: 1130 kc, I kw, U.

BP-13324 WLLH, Lowell, Mass.Merrimac Broadcasting Co., Inc.Has: 1400 kc, 250 w, U.Req: 1400 kc, 250 w, 500 w-LS, U.

BP-13325 WLLH, Lowell, Mass.-Merrimac Broadcasting Co., Inc.Has: 1400 kc, 250 w, U.Req: 1400 kc, 250 w, 500 w-LS,

U (Synchronous Amplifier-WLLH).

BP-13326 WTSV, Claremont. N.H.Radio Claremont, Inc.Has: 1230 kc, 250w, U.Req: 1230 kc, 250 w, 1 kw-LS, U.

BP-13327 NEW, Cartersville, Ga.Bartow County Broadcasting Co.Req: 1270 kc, 500 w, Day.

BP-13328 WGHQ, Kingston, N.Y.Skylark Corp.Has: 920 kc, 1 kw, DA, Day

(Saugerties, N.Y.).Req: 920 kc, 5 kw, DA, Day

(Kingston, N.Y.).

FEDERAL REGISTER

BP-13329 KVEL, Vernal, Utah.Uintah Broadcasting and TV Co.Has: 1250 kc, 1 kw, Day.Req: 1250 kc, 5 kw, Day.

BP-13331 NEW, Winnsboro, S.C.Fairfield Broadcasting Co., Inc.Req: 1250 kc, 500 w, Day.

BP-13333 NEW, Clovis, N. Mex.Norman E. Petty.Req: 680 kc, 500 w, DA-1, U.

BP-13336 NEW, Punta Gorda, Fla.Peace River Broadcasting Corp.Req: 1350 kc; 500 w, Day.

BP-13338 NEW, North Augusta, S.C.Harry Hammond.Req: 1600 kc, 500 w, Day.

BP-13343 NEW, Cheyenne, Wyo.J & J Broadcasting Co.Req: 980 kc, 500 w, Day.

BP-13344 NEW, Lenoir, N.C.John E. Boyd.Req: 1580 kc, 500 w. Day.

BP-13345 NEW, Lake Placid, N.Y.WIRY, Inc.Req: 920 kc, 1 kw, Day.

BP-13346 KYSM, Mankato, Minn.Southern Minnesota Supply Co.Has: 1230 kc, 250 w, U.Req: 1190 kc, 500 w, 5 kw-LS, DA-2,U.

BP-13347 KNCM, Moberly, Mo.Moberly Broadcasting Co.Has: 1230 kc, 250 w, U.Req: 1230 kc, 250 w, 1 kw-L5, U.

BP-13348 NEW, Santa Maria, Calif.Pacific Radio Co.Req: 1150 kc, 5 kw, DA-2, U.

BP-13350 NEW, Grand Junction, Colo.G & P EnterprisesReq: 1340 kc. 250 w, U.

BP-13353 WZRO, Jacksonville, Fla.Andrew B. Letson.Has: 1010 kc, 1 kw, Day (Jackson-

ville Beach, Fla.).Req: 1010 kc, 25 kw, DA, Day

(Jacksonville, Fla.).BP-13356 KFLY, Corvallis, Oreg.

Mid-Land Broadcasting Co.Has: 1240 kc, 250 w, U.Req: 1240 kc, 250 w, 1 kw-LS, U.

BP-13357 WCUM, Cumberland, Md.Alleghany County Broadcasting

Corp.Has: 1230 kc, 250 w, U.Req: 1230 kc, 250 w, 1 kw-LS, U.

BP-13353 NEW, Nlcholasville, Ky.Jessamine Broadcasting Co.Req: 1250 kc, 500 w,,Day.

BP-13359 WMFG, Hibbing, Minn.Hibbing Broadcasting Co.Has: 1240 kc, 250 w, U. 'Req: 1240 kc, 250,w, 1 kw-LS, U.

Applications on which 309(b) letters havebeen issued

BP-13295 WLCX,'LaCrosse, Wis.LaCrosse Radio, Inc.Has: 1490 kc, 250 w, U.Req: 1490 kc, 250 w, 1 kw-LS, U.

BP-13349 WUSJ, Lockport, N.Y.Lockport Union-Sun & Journal,

Inc.Has: 1340 kc, 250 w, U.Req: 1340 kc, 250 w, 1 kw-LS, U.

Application Deleted from Public Notice ofMarch 18', 1960

(FCC 60-248) (25 F.R. 2440)

'BP-12804 NEW, Aurora, Mo.Galen 0. Gilbert.Req: 940 kc, 500 w, Day.

(Assigned new file number BP-13999.)

Application Deleted from Public Notice ofApril 11, 1960

(FCC 60-354) (25 F.R. 3221)BP-13028 NEW, Vancouver, Wash.

Gordon A. Rogers.Req: 1550 kc, 1 kw, Day.


7411

Application Deleted from Public Notice ofApril 21, 1960

(FCC 60-417) (25 F.R. 3686)

BP-13087 NEW, Englewood, Fla.Sarasota-Charlotte Broadcasting

Corporation.Req 1580 kc, 500 w, Day.



FEDERAL POWER COMMISSION[Docket No. CP60-92]

SOUTHERN NATURAL GAS CO.

Notice of Application; Consolidationof Proceedings and Date of Hearing

JULY 29, 1960.Take notice that on April 29, 1960

Southern Natural Gas Company (Ap-plicant) filed in Docket No. CF60-92 anapplication pursuant to section 7(c) ofthe Natural Gas Act for a certificate ofpublic convenience and necessity author-izing it to sell natural gas to CoastalTransmission Corporation (Coastal) fordelivery to Houston Texas Gas and OilCorporation (Houston Texas) and toconstruct and operate a line tap and ametering and regulating station requisitefor such service. The gas will be de-livered at a point in Washington Parish,Louisiana where Houston Texas' pipelineintersects the east leg of Applicant'ssouth Louisiana supply system.

The proposal is more fully describedin the application on file with the Com-mission and open to public inspection.

Applicant and Coastal have enteredinto a Precedent Agreement dated April7, 1960 which contemplates the execu-tion. by the parties of a 20-year serviceagreement providing for the sale by Ap-plicant and,'the purchase by Coastal ofa specified quantity of gas, i.e., a Con-tract Demand of. 12,630 Mcf per day at14.73 psia. The gas is to be~sold underApplicant's proposed Rate ScheduleCDL-1 which will provide for the samedemand and commodity charges as thosecontained in Applicant's Rate ScheduleCD-1 for Rate Zone 1, as in effect at theeffective date of the service agreement.

The estimated cost, i.e., $32,385, of con-structing the facilities will be defrayedfrom cash on hand.

The facilities required by Coastal toreceive the gas are described in its ap-plication, as amended, in Docket No.G-18338.

This matter is related to the applica-tions of Coastal Transmission Corpora-tion, et al., Docket No. G-18338, et al.,1

and should therefore be heard on a con-solidated record therewith and disposedof as promptly as possible under the ap-plicable rules and regulations, and tothat end:

'Notices of the applications involved inCoastal Transmission Corporation, et al.,Docket No. G-18338, et al., were previously'published in 24 P.R. 10262 and 25 F.R. 2812.

NOTICES

Take further notice that, pursuant tothe authority contained in and subjectto the jurisdiction conferred upon theFederal Power Commission by sections7 and 15 of the Natural Gas Act, and theCommission's rules of practice and pro-cedure, the matters involved in and theissues presented by the above-entitledapplication will be heard as a part ofthe consolidated hearing concerning theapplication of Coastal and related appli-cations, which hearing is now in recessand is scheduled to reconvene on August29, 1960, at 10:00 a.m., e.d.s.t. in a hear-ing room of the Federal Power Commis-sion, 441 G Street NW., Washington, D.C.

Protests or petitions to intervene maybe filed with the Federal Power Commis-sion, Washington 25, D.C., in accordancewith the rules of-practice and procedure

(18 CFR 1.8 or 1.10) on or before August19, 1960.

MICHAEL J. FARRELL,Secretary.

[F.R. Doc. 60-7266; Filedr-. Aug. 4, 1960;8:45 a.m.]

[Docket Nos. R161-17-RI61-251

TIDEWATER OIL CO. ET AL.

Order Providing for Hearings on andSuspension of Proposed Changes inRates, and Allowing IncreasedRate To Become Effective Subject toRefund I

JULY 29, 1960.Tidewater Oil Company, Docket No.

R161-17; Tidewater Oil Company (Op--

erator), et al., Docket No. R161-18; GettyOil Company, Docket No. R161-19; JamesA. Wood, Trustee (Operator), et l.,Docket No. R1617-20; Everbright OilCompany, Docket No. R161-21; J. M.Huber Corporation, Docket No. R161-22;Robert G. Goelet, Docket No. R161-23;The Pittston Company, Docket No. R161-24; Pan American Petroleum Corpora-tion, Docket No. RI-61-25.

The above-named Respondents havetendered for filing proposed changes inpresently effective rate schedules forsales of natural gas subject to the juris-diction of the Commission. In each fil-ing,.the natural gas is sold at 14.65 psia,with the exception of The Pittston Com-pany which is sold at 15.025 psia. Theproposed changes are designated asfollows:

Cents per Mcf Rate inEffecti% e Date effect

o. Rate Slpjp. Purchaser and producing area Notice of Date date suspended Proposed s etoDocket Respondent Sched . change tendered unless u-endedrps refund inNo. dated- suspended until- Ratein increased doct fls.effect rate

RI61-17 .... Tidewater Oil Co ----- 50 10 El 'Paso Natural Gas Co. (lcadlce 6-28-60 6-30-60 1 7-31-60 12-31-60 15. 862 17. 0816' R160-71Field, Eotor and Midland Counties,Tex.).

161-17 ----.....do ----------------- 39 12 El Paso Natural Gas Co. (Langmat 6-28-60 6-30-60 I 7-31-60 12-31-60 15.07036 15.50174 RI60-71Field, Lea County, N. Mex.),

RI61-17 ----.-....do ----------------- 4 8 El Paso Natural Gas Co. (Levelland 6-28-60 6-30-10 1 7-31-60 12-31-60 15.89278 17.11475 R160-71Field, tockley County, Tex.).

Ri61718.... Tidewater Oil Corn- 38 11 El Paso Natural Gas Co. (Laugmat 6-28-60 6-30-60 1 7-31-60 12-31-60 15.07036 15.50174 RIO-70pany (Operator), et Field, Lea County, N. Mex.),.al.

RI61-18 ----......do ----------------- 43 14 El Paso Natural Gas Co. (Blinbry, 6-28-60 6-30-60 17-31-60 12-31-60 15.07036 15.50174 R160-70et al Fields, Lea County, N. Mex.).

I61-18 ----.....do ----------------- 17 12 El Paso Natural Gas Co. (Spraberry 6-28-60 6-3-60 '7-31-60 12-31-60 15.93778 17.1632 R160-70Field, Glasscock, Midland Uptonand Reagan-Countes, eox.).

RI61-19 ... Getty Oil Co ---------- 1 7 El Paso Natural Gas Co. (Dollarhide 6-28-60 6-30-60 1 7-31-60 12-31-60 15. 89278 17.11475 RI60-72Field, Andrews County, Tex.).

RI61-20.... JamesA. Wood, Trus- 1 4 Tennessee Gas Transmissin Co. 6-27-60 7- 1-60 18- 1-60 1- 1-61 15.0952 '2 17. 24347 0-20070tee (Operator), etal. (North Ross Field, Starr County,

Tex.).R61-20- -do----------------- 2 3 Tennessee Gas Transmission Co. 6-27-60 7- 1-60 18- 1-60 1- 1-61 15.0952 17.24347 0-20070

(La Iteforma Field, Starr County,Tex.).

R161-21 Everbright Oil Co .... 1 " 2 Northern Natural Gas Co. (Perryton' 6-29-60 7- 1-70 18- 1-60 1- 1-61 15.5 3 16.5 -----------Field, Ochiltree County, Tex.).

RI61-22 3. M. ITuber Corp ---- 25 2 Northern Natural Gas Co. (Perryton 6-9-60 6-30-60 I 7-31-60 12-31-60 15.8 3 16.8 . ------------Field, Ochiltree County, Tox.).

R161-23 Robert G. Goelet ----- 1 -1 Tennessee Gas Transmission Co. (La June, 60 7- 1-60 1 8- 1-60 1- 1-61 12.12268 17.24347 ...........Copita Field, Starr County, Tex.).

RI61-24 The Pittston Co ------ 1 2 Kentucky-West Virginia Gas Co. Undated 7- 1-60 18- 1-60 1- 1-61 26.25 30.77 ------------(Buchanan, Wise, Russell andDie kenson Counties, Vs.). I

RI61-25 Pan American 169 9 Skelly Oil Co. (Panhandle Field, Car- 6-29-60 7- 5-60 1 8- 8-60 8-6 -60 11. 7518 ( 11.3057 RIGO-1Petroleum Corp. son County, Tex.). (Decrease.)

I The stated effective date is the first day after expiration of the required thirty-ays'notice.

2 Includes 2.0 cents per Mef for compressiondeducted by F) 0. Penn.

, Renegotiated rate increase due to seller relinquishing his rights to process gas forliquid hydrocarbons.

4 Redetermined rate decrease due to redetermination of rate in the PanhandleField by the Texas Railroad Commission.

Tidewater Oil Company and Getty OilCompany state that their proposed fa-vored-nation rate increases were trig-gered by renegotiated rates for sales ofnatural gas to El Paso Natural Gas Com-pany (El Paso) in the Permian Basinarea which became effective subject torefund on or about June 1, 1960. Insupport of the increased rates, both pro-ducers state that the pricing provisionsof their respective contracts were ar-rived at by arm's-length bargaining andconstitute an integral part of the con-sideration upon which the contracts arebased; that such provisions protect sell-ers from price disciimination; and thatthe proposed rates are fair and reason-able.

In support of theii proposed favored-nation rate increases, James A. Wood,Trustee (Operator) et al. (Wood) andRobert G. Goelet (Goelet) each submita notification letter dated March 10,1960, wherein Tennessee Gas Transmis-

sion Company advises sellers that it isnow paying a -rate of 17.24347 cents perMcf for dry gas in the favored-nationarea specified in the gas sales contracts.Wood states that its contracts resultedfrom bargaining at arm's length; thepricing arrangement responsible for theincreased rate is common to many long-term contracts in order to permit theinitial delivery of gas at a price lowerthan the contemplated actual price forthe life of the contracts; and withoutsguch pricing arrangement seller wouldr'ot have contracted for such an ex-tended term. Goelet cites arm's-lengthbargaining and states the favored-nationprovision was designed to insure sellerthe fair market value of the gas overthe life of the Contract and was an es-

'This order does not provide for the con-solidation for hearing" or disposition of theseveral matters covered herein, nor should 'itbe so construed.

sential inducement to Goelet to enterinto a long-term contract.

In support of their proposed renego-tiated rate increases, Everbright OilCompany states that the increased pricewill not exceed the value of gas in thearea in which the properties covered bythe contract are situated, and H. M.Huber Corporation cites the contractualprovisions and states that.. a similarchange in rate was accepted by the Com-mission under Sunray Mid-ContinentOil Company's FPC Gas Rate ScheduleNo. 152.

The Pittston Company's (Pittston)proposed spiral escalation rate increaseof 30.77 cents per Mcf is based upon pipe--line tariff rates which are now in effectsubject to refund. Pittston, in supportof its increased rate, recites the appli-cable contractual provision, with nosuppofting statement.

Pan American Petroleum Corpora-tion's (Pan American) previously rede-

termined rate of 11.7518 cents per Mcf (E) Notices of intervention or peti- No. RP60-2. By order issued July 1,is in effect subject to refund. Its now tions to intervene may be filed with the .1960, in Docket No. RP60-15, the Com-proposed redetermined decrease in rate Federal Power Commission, Washing-, mission suspended the proposed in-to 11.3057 cents per Mcf should be sus- ton 25, D.C., in accordance with the rules creased rates a~ld charges until Augustpended for one day from August 5, 1960, of practice and procedure. (18 CFR 1.8 13, 1960 and until such further time asthe date of expiration of the thirty days and 1.37(f)) on or before September 12, the increased rate and charge proposedstatutory notice. 1960. by United may become effective subject

The proposed changes may be unjust, B to refund in Docket No. RP60-2, anddisrimnaory o By the Commission (Commissioner until such further time as the revisedunreasonable, unduly discriminatory, or Kline dissenting), ti s he be a te in

preferential, or otherwise unlawful. tariff sheets may be made effective inThe Commission finds: MICHAEL J. FARRELL, the manner prescribed by the Natural(1) It is necessary and proper in the Acting Secretary. Gas Act.

public interest and to aid in the enforce- [F.R. Doc. 60-7268; Filed, Aug. 4, 1960; Since Southern in its rate filing inment of the provisions of the Natural 8:45 a.m.] " Docket No. RP60-15 relies on the identi-Gas Act that the Commission enter upon -" _.cal costs submitted in -Docket -No. G-hearings concerning the lawfulness of [Docket Nos. G-20509, RP60-151 20509, except for increased purchasedthe several proposed changes and that gas costs resulting from United's filing,the above-designated supplements be SOUTHERN NATURAL bAS CO. it appearg appropriate and in the publicsuspended and the use thereof deferred interest to consolidate for hearing theas hereinafter ordered. Order Accepting for Filing Substitute proceedings in Docket Nos. 0-20509 and

(2) It is necessary and proper in car- Tariff Sheets, Consolidating Pro- RP60-15.rying out the provisions of the Natural ceedings, and Requiring Filing of Moreover, in view of the CommissionGas Act that Supplement No. 9 to Pan Substitute Tariff Sheets action taken in Docket No. G-20509 dis-American's FPC Gas Rate Schedule No. allowing Southern's proposed increased169 be allowed to take effect August 6, JuLy 29, 1960. rates and permitting Southern to file1960, subject to refund upon the timely On July 18, 1960, Southern Natural substitute tariff sheets containing lowerfiling of its respective agreement and Gas Company (Southern) tendered for rates satisfactory to the Commissionundertaking, as hereinafter ordered, filing Substitute Original Sheets Nos. 5, based on a composite 6.52 percent rate

The Commission orders: 9, 12, 16, 19, 23, 27 and 30 to its FPC of return for purposes of an interim rate(A) Pursuant to the authority of the Gas Tariff, Sixth Revised Volume No. 1, order, it also appears to be appropriate

Natural Gas Act, particularly sections 4 reflecting appropriate reductions in the and in the public interest to disallowand 15 thereof, the Commission's rules rates and charges contained in South- the proposed increased iates and chargesof practice and procedure and the regu- em's FPC Gas Tariff, Sixth Revised contained in First Revised Sheets 5, 9,lations under the Natural Gas Act (18 VolumeNo. 1, which were disallowed by 12, 16, 19, 23, 27 and 30 to Southern'sCFR, Ch. I), public hearings shall be the Commission's order issued July 8, FPC Gas Tariff, Sixth Revised Volumeheld upon dates to be fixed by notices 1960 in Docket No. G-20509. The re- No. 1, and to permit Southern to filefrom the Secretary concerning the law- duced rates and charges are based upon in lieu thereof substitute tariff sheetsfulness of the several proposed increased a composite 6.52 percent rate of return, containing lower rates satisfactory torates and charges contained in the above- Southern also complied with the other the Commission based on a compositedesignated supplements, requirements in paragraph (C) of the 6.52 percent rate of return in Docket

(B) Pending hearings and decisions above-mentioned order. No. RP60-15.thereon, each of the above-designated The above-mentioned filing by South- The Commission finds:

supplements is hereby suspended and the ern was in response to an interim rate (1) It is appropriate and in the pub-

use thereof deferred-until the date in- order issued by the Commission on July lic interest in carrying out the provisionsdicated in the above "Rate Suspended 8, 1960 in Docket No. G-20509 determin- of the Natural Gas Act and good cause

Until" column, and thereafter until such ing that 61/2 percent is the proper rate exists to consolidate the proceedings in

further time as it is made effective in of return to be allowed Southern on its Docket No. G-20509 and RP60-15 for

the manner, prescribed by the'Natural pipeline properties but reserving the the purpose of hearing.

Gas Act. question as to the propriety of a 7 per- (2) Substitute Original Sheets Nos. 5,

(C) Neither the supplements hereby cent rate of return for Southern's pro- 9, 12, 16, 19, 23, 27 and 30 to Southern's

suspended nor the rate schedules sought duction properties for final disposition FPC Gas Tariff, Sixth Revised Volume

to be altered thereby shall be changed in the next phase of that proceeding. No. 1 should be accepted for filing and

until these proceedings have been dis- For purposes of the interim rate order' allowed to become effective as of June

posed of or until the periods of suspen- a composite 6.52 percent rate of return 1, 1960 subject to investigation, hearing-

sion have expired, unless otherwise applicable to both production and pipe- and further orders of the Commission

ordered by the Commission. line properties composed of the 61/2 per- in Docket No. G-20509.

(D) Supplement No. 9 to Pan Ameri- cent on pipeline and the claimed 7 per- (3) The fair, just and reasonable rate

can's FPC Gas Rate Schedule No. 169 cent on production properties was used. of return to be allowed Southern in

shall be effective as of August 6, 1960: Southern was permitted by said order to Docket No. RP60-15 with respect to its

Provided, however, That within 20 days file appropriate substitute tariff sheets pipeline properties is 61/2 percent; and

from the date of the issuance' of this containing -lower rates and charges sat- the overall rate of return to be allowed

order, Pan American shall execute and isfactory to the Commission reflecting Southern for the purpose of this interim

file under Docket No. R161-25 with the the composite 6.52 percent rate of return, order, based on said 61/2 percent rate of

Secretary of the Commission its respec- Southern on June 2, 1960, tendered return on its pipeline properties and

tive agreement and undertaking to corm- for filing First Revised Sheets Nos. 5, 9, the 7 percent rate of return on its pro-

ply with the refunding and reporting 12, 16, 19, 23, 27, and 30 to its FPC duction properties contained in its filingprocedure required by the Natural Gas Gas Tariff, Sixth Revised Volume No. 1, in this proceeding, is 6.52 percent; sub-Act and § 154.102 of the regulations providing for an annual increase in its ject however, to final disposition of the

thereunder (prescribed by Order 215 and rates and charges of $1,312,000 or 1.3 related issues as to accumulated de-

215A), signed by a responsible officer of percent. The proposed increased rates ferred taxes and tax benefits for statu-

the corporation, would be in addition to the increased tory depletion and intangible well drill-

authority from the Board of Directors rates subject to hearing in Docket No. ing expenses, and final determination of.and accompanied by a certificate show' G-20509. Southern stated that the in- the fair, just and reasonable rate of

return to-be allowed Southern with re-ing service of copies thereof upon all creased rates are designed solely to respect to its production properties.purchasers under the rate schedule in- flect an increase in purchased gas costs (4) The proposed increased rates filedvolved. Unless Pan American is advised resulting from the increased rates filed by Southern in Ddket No. RP60-15 con-to the contrary within 15 days after the by United Gas Pipe Line Company tained in First Revised Sheets Nos. 5,filing of such agreement and undertak- (United) which were suspended until 9, 12, 16, 19, 23, 27 and 30 to its FPCing, its agreement and undertaking shall August 13, 1960, by order of the Com- Gas Tariff, Sixth Revised Volume No. 1,be deemed to have been accepted. mission issued March 10, 1960, in Docket are excessive and should be disallowed.

No. 152- 9

Friday, August 5, 1960 7413FEDERAL REGISTER

7414

(5) Southern should be permitted tofile substitute lower rates satisfactoryto the Commission in Docket No.RP60-15, based on 6.52 percent rate ofreturn to become effective subject to re-fund as of August 13, 1960 or such laterdate as the increased rates and chargesproposed by United may become effectivesubject to refund in Docket No. RP60-2,upon acceptance by the Commission andfiling by Southern of its motion to makesuch rates effective and an undertakingto assure refund of excess charges.

The Commission 'orders:(A) Pursuant to the authority con-

tained in and subject to the jurisdictionconferred upon the Federal Power Com-mission by the Natural Gas Act, includ-ing particularly sections 4, 5, 14, 15 and16 thereof, and the Commission's rulesand regulations (18 CFR Ch. D-, theproceedings in'Docket Nos. G-20509 andRP60-15 be and the same hereby are con-solidated for the purpose of hearing.

(B) Substitute Original Sheets Nos. 5,9, 12,o16, 19, 23, 27 and30 to Southern'sFPC Gas Tariff, Sixth Revised VolumeNo. 1, are hereby accepted for filing andallowed to become effective as of June 1,1960, subject to investigation, hearingand further orders of the Commissionin Docket No.. G-20509.

(C) Southern's increased rates con-tained in First Revised Sheets Nos. 5, 9,12, 16, 19, 23, 27 and 30 to its FPC GasTariff, Sixth 'Revised Volume No. 1,which are under suspension in DocketNo. RP60-15, are hereby disallowed.

(D) Southern may file, in lieu of thetariff sheets disallowed by paragraph (C)above, on or before August 8, 1960, ap-propriate substitute tariff sheets to itsFPC G6s Tariff, Sixth Revised VolumeNo. 1, containing lower rates satisfactoryto the Commission based on 6.52 percentrate of return as provided in Finding (3)hereof. Southern shall accompany itssubstitute filing with supporting datashowing the computation of such lowerrates. Southern shall also accompanyits substitute tariff sheets and support-ing data with a certificate showing serv-ice of copies thereof on all purchasersunder the rate schedules involved, inter-vners and interested state commissions.

(E) Upon acceptance of such filing ofsubstitute rates as satisfactory to theCommission as provided in paragraph(D), and upon filing by Southern of itsmotion to make such substitute rateseffective as required by section 4(e) ofthe Natural Gas Act, and upon execu-tion by Southern of the agreement andundertaking described in paragraph (F)below and acceptance thereof, evidencedby a letter addressed to Southern by theSecretary of the Commission, the rates,charges, and classifications set forth inthe above substitute tariff sheets to FPCGas Tariff, Sixth Revised Volume No. 1,shall be effective as of August 13, 1960,or such later date as the increased ratesand charges proposed by United may be-come effective subject to refund inDocket No. RP60-2, subject to investiga-tion, hearing and further orders of theCommission in Docket No. RP60-15.

(F) Southern shall refund at suchtimes and in such amounts to personsentitled thereto, and in such manner as

NOTICES

may be required by final order of 'theCommission, the portion of the increasedrates and charges found by the Commis-sion in the proceeding in Docket No.RP60-15 not justified, together with in-terest thereon at 7 percent per annumfrom the date of payment to Southernuntil refunded; shall bear all costs ofany such refunding; shall keep accurateaccounts in detail of all amounts re-ceived by reason of the increased ratesor charges effective as of August 13, 1960,or such later date as provided in Para-graph (E), for each billing period, spec-ifying by whom and whose behalf suchamounts were paid; and shall report(original and four copies) in writing andunder oath, to the Commission monthly,for each billing period, and for each pur-chaser, the billing determinants of nat-ural gas sales to such customers and therevenues resulting therefrom as com.-.puted under the rates in effect immedi-ately prior to the effective date providedherein, and under rates and charges al-lowed by this order to become effective,together with the differences in the rev-enues so computed.

(G) Southern shall in compliance withthe terms of paragraph (E) above exe-cute and file with the Secretary of thisCommission, at the same time it filesthe above-described substitute tariffsheets, its written agreement and under-taking to comply with the terms of para-graph (F) above, Signed by a respon-sible officer of the corporation, evidencedby proper authority from the Board ofDirectors, and accompanied by a certifi-cate showing service of copies thereofupon all purchasers under the rateschedules involved, as follows:Agreement and Undertaking of Southern

Natural Gas Company To Comply WithTerms and Conditions of Paragraph (F)of Federal Power Commission's Order Mak-ing Effective Proposed Tariff Changes

In conformity with the requirements ofthe order issued -------- , 1960, in DocketNo. RP60-15, Southern Natural Gas Com-pany hereby agrees and undertakes to complywith the terms and condftions of paragraph(F) of said order, and has caused this agree-ment and undertaking to be executed andsealed in its name by its officers, thereuponduly authorized In accordance with theterms of the resolution of its Board of Direc-tors, a certified copy of which is appendedhereto this ---- day of --------- , 1960.

SOUTHERN NATURAL GAS COMPANY

B y ----------------------------

Attest:

Secretary.

(H) If Southern shall, in conformitywith the terms and conditions of para-.graph (F) of this order, make refundsas may be required by order of the Com-mission, the undertaking of Southernshall be discharged, otherwise it shall re-main in full force and effect.

(I) The substitute tariff sheets ac-cepted for filing in Docket No. G-20509 inparagraph (B) of this order and the sub-stitute tarift sheets permitted to be filedin Docket No. RP60-15 by paragraph (D)of this order are-subject to the suspen-sion orders'issued on December 24, 1959,in Docket No. G-20509 and July 1, 1960,in Docket No. RP60-15 and this order is

without prejudice to further hearings inthese consolidated proceedings on allother issues not herein or heretofore de-cided and to such further order or ordersas the Commission may issue in the dis-position of these consolidated proceed-ings.

By the Commission.MICHAEL J. FARRELL,

Acting Secretary.'

[F.R.' Doc. 60-7267; Filed, Aug. 4. 1960;8:45 a.m.]

INTERSTATE COMMERCECOMMISSION

FOURTH SECTION APPLICATIONSFOR RELIEF

AUGUST 2, 1960.Protests to the granting of an applica-

tion must be prepared in accordancewith Rule 40 of the general rules ofpractice (49 CFR 1.40) and filed within15 days from the'date of publication ofthis notice in the FEDERAL REGISTER.

LONG-AND-SHORT HAUL

PSA No. 36455: Cast iron pipe-Bir-mingham, Ala., to St. Louis, Mo. Filedby 0. W. South, Jr., Agent (SFA No.A4000), for interested rail carriers.Rates on cast iron pipe and fittings, asdescribed in the application in carloads,from Birmingham, :-Ala.,. and -grouppoints, to St. Louis, Mo., and- East St.Louis, Ill.

Grounds for relief: Market competi-tion.

Tariff: Supplement 37 to SouthernFreight Association tariff I.C.C. S-6.

PSA No. 36456: Substituted service-,-L&N and Monon for Wilson Truck Com-pany, Inc. Fleal by Central and South-ern Motor Freight Tariff Association, In-corporated, Agent (No. 23), for inter-ested carriers. Rates on property loadedin trailers and transported on railroadfiat cars, (1) between Evansville andHammond, Ind., Nashville, Tenn., andEast St. Louis, Ill., on the one hand, andAtlanta, Ga., and Chattanooga, Tenn.,on the other, (2) between Evansville andHammond, Ind., and East St. Louis, Ill.,on the one hand, and Nashville, Tenn.,on the other, (3) between Chattanooga,Tenn., and Atlanta, Ga., and (4) be-tween East St. Louis, Ill., and Evansville,Ind.

Grounds for relief: Motor-truck com-petition.

Tariff: Supplement 8 to Central andSouthern Motor Freight Tariff Associa-tion, Incorporated tariff MF-I.C.C. 220.

FSA No. 36457: Brick from Ohio pointsto Virginia points. Filed by Traffic Ex-ecutive Association-Eastern Railroads;Agent (ER No. 2550), for interested railcarriers. Rates on brick and relatedarticles, as described in the applicati6n,in carloads, from specified B&ORR sta-tions in Ohio, to Southern Railway sta-tions in Virginia.

Grounds for relief: Restore rate re-lationship.

Friday, August 5, 1h60

Tariff: Supplement 46 to Traffic Ex-ecutive Association-Eastern Railroadstariff'I.C.C. 4669 (Hinsch series).

FSA No. 36458: Substituted service-L&N and Monon for Jones Truck Lines,Inc. Filed by Central and SouthernMotor Freight Tariff Association, Incor-porated, Agent (No. 22), for interestedcarriers. Rates on property loaded intrailers and transported on railroad fiatcars between Hammond, Ind., and Mem-phis, Tenn., on traffic originating at ordestined to such points or-points beyondas described in the application.


1rariff: Supplement 8 to Central andSouthern Motor Freight Tariff Associa-.tion, Incorporated tariff MF-I.C.C. 220.

FSA No. 36459: Sand and gravel-Dickason Pit and Standard Pit, Ind., toAltamont, Ill. Filed by Illinois FreightAssociation, Agent (No. 111), for theChicago & Eastern Illinois Railroad Com-pany. Rates on sand and gravel, as de-scribed in' the application, in carloads,from Dickason Pit and Standard Pit,-Ind., to Altamont, Ill.

Grounds for relief: Motor-trfick com-petition.

Tariff: Supplement 137 to Chicago &Eastern Illinois Railroad Company'stariff I.C.C. 144.

FSA No. 36430: Sulphjr-Texas,Louisiana, and Hobbs, N. Mex., to centralterritory. Filed by Southwestern FreightBureau, Agent (No. B-7862), for inter-ested rail carriers. .Rates on sulphur,crude, in carloads, and molten sulphur,in tank-car loads, from points in Texasand Louisiana, and Hobbs, N. Mex., tospecified points in Indiana, Kentucky,Ohio, Pennsylvania, and West Virginia.. Grounds for relief: Short-line distanceformula.

Tariff: Supplement 155 to Southwest-ern Freight Bureau tariff I.C.C. 4177.

FSA No. 36461: Newsprint-Calhoun,Tenn., to Virginia points. Filed by 0. W.South, Jr., Agent (SPA No. A3999), forinterested rail carriers., Rates on news-print paper, in carloads, from Calhoun,Tenn., to Norfolk, Newport News andRichmond, Va.

Grounds for relief: Foreign water-borne competition.

Tariff: Supplement 38 to SouthernFreight Association- tariff I.C.C. S-46.

FSA No. 36462: T.O.F.C. Service-Between official territory and Madison,Wis. Filed by Western Trunk Line Com-mittee, Agent (No. A-2137), for inter-ested carirers. Rates on various com-modities moving on class rates loaded inhighway trailers and transported on rail-road fiat cars between points in officialterritory, on the one hand, and Madison,Wis., on the other.


Tariff: Supplement 35 to WesternTrunk Line Committee tariff I.C.C.A-4281..

By the Commission.

[SEAL] HAROLD D. McCoY,Secretary.

[F.R. Doc. 60-7f85; Filed, Aug. 4, 19C0;6:47 a.m.]

FEDERAL -REGISTER

MOTOR CARRIER TRANSFERPROCEEDINGS

[Notice 359]

AUGUST 2, 1960.Synopses of orders entered pursuant

to section 212(b) df the Interstate Com-merce Act, and rules and regulations pre-scribed thereunder (49 CFR Part 179),appbar below:

As provided in the Commission's spe-cial rules of-practice any interested per-son may file a petition seeking reconsid-eration of the following numbered pro-ceedings within 20 days from the date ofpublication of this notice. Pursuant tosection 17 (8) of the Interstate CommerceAct, the filing of such a petition willpostpone the effective date of the orderin that proceeding pending its disposi-tion. The matters relied upon by peti-tioners must be specified in their peti-tions with particularity.

No. MC-FC 63340. By order of July29, 1960, The Transfer Board approvedthe transfer to Cloverleaf Garage, Inc.,Michigan City, Ind., of Certificate No.MC 116964, issued April 15,. 1958, to.Kendrick C. Harvey, doing business asCloverleaf Garage, Michigan City, Ind.,authorizing the transportation of: Usedtractors, in secondary movements, intruckaway service, to be used as-replace-ments for wrecked or disabled tractors,wrecked and disabled motor vehicles, andmotor vehicle parts, accessories, suppliesand materials used in connection withthe repairing or-reconditioning of dam-aged, disabled, or wrecked motor vehicles,trailers, and semi-trailers, betweenpoints in Illinois, Indiana, Ohio, Michi-gan, and Kentucky. William N. Kene-fick, 2222 East Michigan, Michigan City,ind., for applicants.

No. MC-FC 63341. By order of July29, 1960, The Transfer Board approvedthe transfer to Colonial Express, Inc.,Rutherford, N.J., 'of Certificate in No.MC 66349, issued December 2, 1940, toJoseph E. Kropkowski,, doing business asColonial Express, Rutherford: N.J., au-thorizing the transportation of: Generalcommodities, with the usual exceptionsincluding household goods, and com-modities in bulk, between points inBergen, Essex, Hudson, M i d d 1 e s e x,Morris, Somerset,. Union, and PassaicCounties, N.J., on the one hand, and, onthe other, New York, N.Y. Bernard'F.Flynn, Jr., 1060 Broad St., Newark 2,N.J., for applicants.. No. MC-FC 63344. By order of July29, 1960, The Transfer Board approvedthe transfer to T. J. Reynolds and T. F.Reynolds, a partnership, doing businessas Reynolds Truck Service, Verdi, Minn.,of Certificate in No. MC 92157, issuedMarch 17, 1950, to T. J. Reynolds andHarvey Reynolds, a partnership, doingbusiness as Reynolds Bros., Verdi,Minn., authorizing the transportation of:Livestock, grain, hay, straw, buildingmaterials,,fence posts, fence materials,emigrant movables, and honey, from, to,or between specified points in Minne-sota, Iowa, and South Dakota. A. R.Fowler, 2288 University Avenue, St. Paul

-14, Minn., for applicants.

7415

No. MC-FC 63448, By order of July29, 1960, The Transfer Board approvedthe transfer to Oil-Ways Co., A Corpora-tion, Nutley, New Jersey, of Permits inNos. MC 105997 and MC 105997 Sub 4,issued October 26, 1945, and September7, 1948, to George B. Harris, Sr., andGeorge B. Harris, Jr., a partnership,doing business as Oil-Ways Co., Nut-ley, New Jersey, which authorize thetransportation of denatured alcohol anddenatured alcohol solvents, in bulk, intank trucks, from Yonkers, N.Y., andNewark, N.J., to points in New York,New Jersey, Connecticut, and Pennsyl-vania within 150 miles of Newark, N.J.,and rejected shipments on return trip;solvents, except denatured alcohol sol-vents, in shipments not exceeding 2,500gallons, in bulk, in tank trucks, fromNewark, N.J., to points in INew York,Connecticut, and Psnnsylvania within150 miles of Newark, and synthetic resin,ester gum, solutions, and tall oil, crudeand esterified, in bulk, in tank trucks,from Newark to points in New York andPennsylvania within 150 miles of New-ark. John M. Zachara, P.O. Box 2860,Paterson 28; N.J.

[SEAL] HAROLD D. McCoy,Secretary.

[F.R. Doc. 60-7286: Filed, Aug. 4, 1960;8:47 a.m.l

SECURITIES AND EXCHANGECOMMISSION[File No. 70-3893]

COLUMBIA GAS SYSTEM, INC.

Notice of Proposed. Execution ofSu rety Bond by Holding Companyfor Public Utility Subsidiary

%JULY 29, 1960.Notice is hereby given that The Co-

lumbia Gas System, Inc. ("Columbia"), aregistered holding company, has filed adeclaration pursuant to the Public.Utility Holding Company Act .of 1935("Act"), designating section 12(b) ofthe Act and Rule 45 promulgated there-under as applicable to the proposedtransaction, which is summarized asfollows:

Cumberland and Allegheny Gas Com-pany ("Cumberland"), a wholly-ownedgas utility subsidiary company o? Co-lumbia, has filed with the Public ServiceCommission of West Virginia ("WestVirginia Commission"), an applicationfor increased gas rates estimated to pro-duce increased annual revenues of ap-

,proximately $896,000. The West Vir-ginia Commission, by order issued onMarch 22, 1960, suspended collection ofCumberland's proposed rates until Au-gust 17, 1960 when, under al~plicable WestVirginia law, Cumberland may com-mence collection of the higher rates pro-vided for in the rate filing subject tothe obligation to refund with interest,any portion of the higher rates whichmay ultimately he determined to be ex-cessive. The West Virginia Commissionmay, and customarily does, require the

NOTICES

posting of a bond as security for the* obligation to refund and it has indicatedits willingness to accept Columbia assurety. Columbia, therefore, proposes toact as surety on a bond not to exceed$150,000 without fee or other charges toCumberland in order to relieve Cum-berland of paying the customary fee ofan insurance company. In the eventany portion of the increased rates shouldultimately be determined to be excessiveCumberland will make refunds in theordinary course of business out of itsgeneral corporate funds.

It is estimated that the fees and ex-penses to be incurred in connection withthe proposed transaction will be limitedto $100 payable by Cumberland for serv-ice$ of the Columbia Gas System ServiceCorporation rendered primarily in con-nection with the present filing.

The declaration states that, other thanfor the acceptance of the proposed suretybond by the West Virginia Commission,no State commission and no Federalcommission, other than this Commis-sion, has jurisdiction over the proposedtransaction.

Notice is further given that any inter-ested person may, not later than August15, 1960, at 5:30 p.m., request this Com-mission in writing that a hearing beheld in respect of such matter, statingthe nature of his interest, the reasonsfor such request, and the issues of factor law raised by the declaration whichhe desires to controvert; or he may re-quest that he be notified if the Commis-sion should order a, hearing thereon.Any such request should be addressed:Secretary, Securities and ExchangeCommission, Washington 25, D.C. Atany time after said date the declaration,as filed or as it may be amended, maybe permitted to become effective as pro-vided in Rule 23 of the rules and regula-tions promulgated under the Act, or theCommission may grant exemption fromits rules as provided in Rules 20(a) and100 thereof, or take such other. actionas it may deem appropriate.

By the Commission.

[SEAL] ORVAL L. DuBois,Secretary.


SMALL BUSINESS ADMINISTRA,TION

[Delegation of Authority 1 (Rev. 5) 1

DEPUTY ADMINISTRATOR FORADMINISTRATION

Delegation Relating to Administrationand Size Standards

1. Pursuant to the authority vested inthe Administrator by the Small BusinessAct (Pub. Law 85-536) as amended (Pub.Law 85-699) ; the Small Business Invest-ment Act of 1958 (Pub. Law 85-699); asamended (Pub. Law 86-502); Reorgani-zation Plan No. 2 of 1954, dated April29, 1954 (83d Cong., 2d Sess.) ; Reorgan-ization Plan No. 1 of 1957, dated April 29,1957 (85th Cong., 1st Sess.); and the

Memorandum of Understanding, datedOctober 19, 1956, as amended, betweenthe Secretary of the Interior and theAdministrator of the Small Business Ad-ministration (Pursuant to section 4 ofthe Fish and Wildlife Act of 1956, 70Stat. 1119, 1121), relating to the Fish-eries Loan Fund, there is hereby dele-gated to the Deputy Administrator forAdministration the authority:

A. Administration. 1. To give finalapproval to all personnel actions for theSmall Business Administrafion and toadminister Oaths of Office.

2. To establish and classify all posi-tions subject to the Classification Act of1949, as amended, in grades GS-1 to GS-15, and to establish salary rates for em-ployees excluded from the Act.

3. To give final approval to non-sub-stantive changes in all SBA Manuals.

4. To contract for supplies, materialsand equipment, printing, transporta-tion, communications, space, and specialservices.

5. To effect the disposition of officialrecords of SBA.

6. To authorize or approve (a) hispersonal travel, (b) the travel of em-ployees under the supervision of theDeputy Administrator for Administra-tion, (c) travel where actual subsistenceexpenses are requested, and (d) travelrequiring special authorization or ap-"proval not delegated to other officials.

7. To approve advanced sick leave andleave without pay, in excess of 30 days,for employees of SBA.

8. To approve annual and sick leave,leave without pay, and overtime work foremployees under his supervision.

9. To give final approval to all SBAforms.

10. To give security clearance to ap-plicants and employees of, SBA wherethe security investigation discloses (a)no derogatory information,. (b), deroga.-tory information which would not war-ant processing the case under provisionsof section 1000.067 of SBA-100, Admin-istrative Manual, and (c) derogatory in-formation, but the Deputy Administratorfor Administration and the SecurityOfficer are in agreement that the derog-atory information is insufficient to war-rant suspension or termination in thecase of an employee, or denial of clear-ance in the case of an applicant.

11. To approve the allotment of ap-propriated funds for specific programs;functions, activities, and organizationalunits of SBA.

12. To release, or consent to the re-lease of, collateral, documents held inconnection with loans transferred as aresult of Reorganization Plan No. 1 of1957, dated April 29, 1957, effective at theclose of June 30, 1957.1 13. To release promissory notes on (a)SBA and disaster loans paid in full and(b) loans transferred to the Departmentof Justice for liquidation.

14. To approve bonds and fix the in-demnities thereof.

15. To determine amounts due andmake payments' to the Civil ServiceCommission and the Department ofLabor for retirement and employee'scompensation accounts as required bysection 206(b) of the Small Business Act.

16. To approve advance of funds for'official travel and to take appropriateactions to assure that amounts advancedare deducted from allowable expenses orare otherwise recovered.

17. To approve and issue accountingand fiscal instructions.

18. To authorize expenditures for reg-istration fees not in excess of •$25.00 foreach registration for all Washingtonemployees except the Deputy Adminis-trators.

19. To enter into contracts for sup-plies and services pursuant to Delegationof Authority No. 363, dated March 10,1959 (24 F.R. 1921, 2096), from the Ad-ministrator of the General ServicesAdministration to the Small BusinessAdministration.

20. To approve out-service training forSBA employees and authorize expendi-tures incidental to such training.

21. To effectuate an adequate propertyutilization and accountability programon an agency-vide basis.

B. Size standards. To take any and allactions necessary to develop appropriatesmall business size standards and cri-teria and to recommend to the Adminis-trator appropriate size standards regula-tions.

C. Correspondence. 1. To sgn allcorrespondence, except correspondenceaddressed to Members of Congress, relat-ing to the'functions of the Deputy -Ad-ministrator for Administration.

2. To sign correspondence addressedto staff members of CongressionalCommittees.

II. The specific authorities delegatedin I.A.3, I.A.6 (a), (c) and (d), 10(c),18 and 20 may not. be redelegated.

III. All authority delegated herein maybe exercised by any SBA employee desig-nated as Acting Deputy Administratorfor Administration.

IV. All previous authority delegated bythe-Administrator to the Deputy Admin-istrator for Administration is herebyrescinded without prejudice to actionstakeli under all such delegations of au-thority prior to the date hereof.

Dated: June 27, 1960.

PHILIP McCALLUM,Administrator.

[P.R. Doe. 60-7272; Filed, Aug. 4, 1960:8:45 a.m.]

[Delegation of Authority 6]

DIRECTOR, OFFICE OF SMALL BUlI-NESS SIZE STANDARDS

Delegation Relating to SizeStandards

I. Pursuant to the authority delegatedto the Deputy Administrator for Admin-istration by the Administrator, Delega-tion of Authority No. 1 (Rev. 5), datedJune 27, 1960, there is hereby redelegatedto the Director- Office of Small BusinessSize Standards, the authority:

A. Size standards. To take any andall actions necessary to develop appro-priate small business size standards andcriteria and to recommend to the Ad-ministrator appropriate size standardsregulations.

7416

B. Administration. 1. To authorizeand' approve (a) his personal travel and(b) travel of Washington Office em-ployees under his supervision, excepttravel when actual subsistence expensesare requested.

2. To approve (a) sick and annualleave, except advance sick leave, (b)leave without pay not 'in excess of 30days, and (c) overtime work for em-ployees under his supervision.

C. Correspondence. To sign all non-policy-making correspondence, exceptcorrespondence addressed to Members ofCongress, relating to the functions of theOffice of Small Business Size Standards.,

II. The specific authorities delegatedherein may not be redelegated.

III. All authority delegated herein maybe exercised by any SBA employee desig-nated as Acting Director of the Office ofSmall Business Size Standards.


ROBERT H. MONTGOMERY,Deputy Administrator.

[F.R. Doc. 60-7273: Filed, Aug. 4, 1960;8:45 a.m.]

[Delegation of Authority 10 (Rev. 4)]

DEPUTY ADMINISTRATOR FORFINANCIAL ASSISTANCE

Delegation Relating to FinancialAssistance

I. Pursuant to the authority vested inthe Administrator by the Small BusinessAct (Pub. Law 85-536), as amended (Pub.Law 85-699); Reorganization Plan No. 2of 1954, dated April 29, 1954, (83d Cong.,2d Sess.); Reorganization Plan No. 1 of1957, dated April 29, 1957, (85th Cong.,1st Sess.); and the Memorandum ofUnderstanding, dated October 19, 1956,as amended, between the Secretary ofthe Interior and the Administrator of theSmall Business Administration (pursu-ant to sec. 4 of the Fish and Wildlife Actof 1956, 70 Stat. 1119, 1121), relating tothe Fisheries Loan Fund, there is herebydelegated to' the Deputy Administratorfor Financial Assistance the authority:

A. Financial assistance. 1. To approveor decline business and disaster loanapplications, 'and to execute authoriza-tions and modifications pertaining tosuch loans.

2. To approve amendments of loanauthorizations in loans that: (a) have,or (b) have not been fully disbursed.

3. To determine eligibility of loan ap-plicants within the framework of priordeterminations.

4. To accept for processing disasterloan applications receited after expira-tion of the six months disaster period.

5. To approve or decline defermentuntil final maturity of a loan any install-

\ment of principal due on such loanwithin one month of final disbursementof such loan.

6. To declare disaster areas in orderto carry out the provisions of section7(b) (1) of the Small BusinessAct, asamended, if such action is nedessaryduring any period when the Adminis-trator is in leave or travel status.

7 To take all necessary actions inconnection with the servicing, admins-


tration, collection, and liquidation ofpartially or fully disbursed loans, otherobligations and acquired property but isnot authorized:. a. To sell any primary obligation orother evidence of indebtedness owned tothe Agency for a sum less than the totalamount due thereon.

b. To accept or reject a compromisesettlement of an indebtedness owned tothe Agency-for a sum less than the totalamount due thereon.

c. To exercise any rights under the"Management Agreement" clause of aLoan Agreement.* d. To deny liability of the Small Busi-ness Administration under the terms ofa participation agreement, or the asser-tion of a claim for recovery from a par-ticipating bank under any allegedviolation of a participating agreement.

B. Size determination. To determinefor the purpose of the programs forwhich he is responsible the concernswhich are small businesses withi themeaning of this agency'sSmall BusinessSize Standards Regulation.

C. Administration. 1. To authorize orapprove his (a) personal travel and (b)the travel of Washington office employ-ees under his supervision, except ti'avelwhen actual subsistance expenses arerequested.

2. To approve (a) sick and annualleave, except advance sick leave, (b)leave without pay not in excess of 30days, and (c) overtime work for employ-ees under his supervision.- 3. To authorize his personal expendi-tures for registration fees not in excessof $25.00 for each registration.

D. Correspondence. To sign all cor-respondence, except Congressional cor-respondence, relating to the financialassistance program.

II. The specific authority dele-gated in subsections I.A.6, I.B.1. andI.C.3. may not be redelegated.

III. All authority delegated hereinmay be exercised by any SBA employeedesignated as Acting Deputy Adminis-trator for Financial Assistance.

IV. All previous authority delegatedby the Administrator tc the Deputy Ad-ministrator for Financial Assistance(Delegation of Authority No. 10 (Rev. 3)as amended, 23 F.R. 2627, 8435) is herebyrescinded without prejudice to actionstaken under all such delegations priorto the date hereof.

Effective date: June 27, 1960.PHILIP MCCALLUM,

Administrator.[F.R. Doe. 60-7274; riled, Aug. 4, 1960;

8:45 a.m.]

[Delegation of Authority 20 (Rev. 4)]

DEPUTY ADMINISTRATOR FOR PRO-CUREMENT AND TECHNICALASSISTANCE

Delegation Relating to Procurementand Technical Assistance, Man-agement Research Assistance, andSize Standards and Size Determina-tions1. Pursuant to the authority vested In

the Administrator by the Small Business

Act (Pub. Law 85-536), as amended(Pub. Law 85-699); the Small BusinessInvestment Act of 1958 (Pub. Law 85-699), as amended (Pub. Law 86-502);Reorganization Plan No. 2 of 1954, datedApril 24, 1954 (83d Cong., 2d Sess.)and Reorganization Plan No. 1 of 1957,dated April 29, 1957 (85th Cong., 1stSess.), there is heteby delegated to theDeputy Administrator for Procurementand Technical Assistance, the authority:

A. Procurement and technical assist-ance. 1. To take any and all actions re-lating to SBA prim contracting au-thority.

2. To (a) enter into, (b) hegotiate,and. (c) recommend approval of jointagreements and memoranda of under-standing with other government con-tracting procurement or disposal agen-cies.3. To take any and all necessary ac-

tions to' carry out the provisions of jointagreements and metnoranda of under-standing with other government con-tracting procurement or dispbsalagencies.

4. To appeal determinations made un-der joint agreements or memoranda ofunderstanding by Government contract-ing procurement and disposal agencies tothe heads of such agencies.5. To take any and all necessary ac-

tions relating to matters involving Cer-tificates of Competency, including the is-suance or denial of such Certificates.

6. To take any and all actions neces-sary td carry out SBA's authority tomake a complete inventory of all produc-tive facilities of small business concerns.7. To take any and all actions neces-

sary to carry out SBA's authority toutilize effectively the productive facili-ties of small business concerns.

8. To take any and all actions neces-sary to carry out SBA's authority to en-courage the letting of subcontracts byprime contractors to small business con-cerns.9. To take any and all actions neces-

sary to carry out SBA's authority to en-able small business to obtain materials

)rom its normal sources.10. To take any and all actions neces-

sary to carry out SBA's authority to in-sure that a fair proportion of the totalsales of Government property be madeto small business concerns.

11. To take any and all actions neces-sary. to carry out SBA's authority toinsure that a fair proportion of Gov-ernment contrapts for research anddevelopment be placed with small busi-ness concerns and to assist small busi-ness concerns to obtain the benefits ofresearch and development performedunder Government contracts or at Gov-.ernment expense.

12.. To take any and all actions neces-sary to carry out SBA's authority to in-sure that a fair proportion of the totalGovernment procurements be made fromsmall business.

13. To take any and all action relatingto the appraisal of collateral offered toSBA on those loans for which an SBAappraisal or reappraisal is requested.

14. To take any and all actions neces-* sary to carry out SBA's authority for

7417

NOTICES

assistance in the-development of indus-trial potential in surplus labor areas.

B. Size determination. 1. To deter-mine, for the purpose of the program forwhich he is responsible, the concernswhich are small businesses within themeaning of this agency's Small BusinessSize Standards Regulation.

2. To issue, deny, revoke and amendSmall Business Certificates in accord-ance with this Agency's Size StandarddRegulation.

C. Management research assistance.1. To take any and all actions relatingto SBA grants, including recommenda-tions as to the issuance of grants butexcluding final determinations.

2. To execute agreements for SBAgrants.

D. Administration. 1. To authorizeand approve (a) his personal travel and(b) travel of Washington office employeesunder his supervision, except travelwhen actual subsistence expenses are re-quested.

2. To approve (a) sick and annualleave, except advance sick leave, (b)leave without pay not in excess of 30days, and (c) overtime work for em-ployees under his supervision.

3. To authorize his personal expendi-tures for registration fees not in excessof $25 for each registration.

E. Correspondence. To sign all cor-respondence, except correspondence ad-dressed to Members of Congress, relatingto the Procurement and Technical As-sistance Program and the ManagementResearch Assistance Program.

II. The specific authority delegated insubsections I.A. 2 (a) and (c), I.A. 4,I.B. 1, I.B. 2, and I.D. 3, may -not be re-delegated.

III. All authorities delegated hereinmay be exercised by any employee ofSBA designated as Acting Deputy Ad-ministrator for Procurement and Tech-nical Assistance.

IV. All previous authority delegated bythe Administrator to the Deputy Ad-ministrator for Procurement and Tech-nical Assistance in Delegation of Author-ity No. 20 (Rev. 3), as amended (23 F.R.1819, 8223, 8435), is hereby rescindedwithout prejudice to actions taken underall such delegations prior to the datehereof.

Effective date: June 27, 1960.

PHILIP MCCALLUM,

Administrator.

[F.R. Doe. 60-7275; Filed, Aug. 4, 1960;8:45 a.m.]

[Delegation of Authority 27 (Rev- 3,Amdt. 1) ]

3. Deleting Part II and substituting inlieu thereof new Part 11 as follows:

II. The aifthorities delegated in I.A.1.(b) and (c), and 2. herein may not beredelegated.


"- PHILIP MCCALLUM,Administrator.

[P.R.. Doc. 60-7276; Filed, Aug. 4, 1960;8:45 a.m.]

[Delegation of Authority 28 (Rev. 1)1

DELEGATION RELATING TO THE OF-'FICE OF MANAGEMENT & RE-SEARCH ASSISTANCE

Notice is hereby given that Delegationof Authority No. 28 (Rev. 1) (24 P.R.4896) and all redelegations thereundernot published in the FEDERAL REGISTER,and Delegation of Authority No. 28-1c(Rev..1) (24 F.R. 4896) are hereby re-scinded without prejudice to actionstaken thereunder prior to the datehereof. -


PHILIP MCCALLUM,Administrator.


(Delegation of Authority 30 (Rev. 6) Amdt. 1]

REGIONAL DIRECTORS

Delegation Relating to Financial As-sistance, Investment Program, Pro-curement and Technical Assistance,and Administration

Delegation of Authority No. 30 (Rev.6) is hereby amended by deleting sub-section I.E.1, and substituting in lieuthereof the following new, subsectionI.E.I.:

1. To determine, for the purpose ofthe programs for which they are respon-sible, the concerns which are small busi-nesses within the meaning of thisagency's Small Business Size StandardsRegulation, provided, however, that nodeterminations shall be made which in-.volve protests of the size status of ap-parently successful bidders; requests forSmall Business Certificates; requests forreconsideration of size determinationsmade in the Washington office, and ap-peals.



DIRECTOR, OFFICE OF ECONOMIC (F.R. Doc. 60-7278; Filed, Aug. 4, 1960;AIER O8:46 a.m.]ADVISER

Delegation Relating to the Office ofEconomic Adviser

Delegation of authority No. 27 (Rev. 3)(23 P.R. 8223) is hereby amended by:

1. Deleting paragraphs I.A.1. and 2.without prejudice to actions taken there-under.

2. Redesignating paragraphs I.A.3. and4. as paragraphs I.A.1. and 2. respectively.

[Delegation of Authority 44]

SIZE APPEALS BOARD

Delegation Relating to Appeals onSize Determinations

I. Pursuant to the authority vested inthe Administrator by the Small BusinessAct (Pub. Law 85-536), as amended (Pub.Law 85-699) ; the Small Business Invest-

ment Act- of 1958 (Pub. Law 85-699). asamended (Pub. Law 86-502); Reorgani-zation Plan No. 2 of 1954, dated April 24,-1954, (83d Cong., 2nd Sess.) and Reor-ganization Plan No. 1 of 1957, datedApril 29, 1957 (85th Cong., 1st Sess.),there is hereby delegated to the Size Ap-peals Board, the authority: To decideappeals from administrative rulings thatconcerns are not small'businesses withinthe meaning of the Small Business Size

'Standards Regulation,-as amended.II. The authority delegated herein

may not be redelegated.III. The authority delegated herein

may be exercised when at least threemembers, regular or acting, participatein such actions.




[ Delegation of Authority 44-1]

SECRETARY OF THE SIZEAPPEALS BOARD

Delegation Relating to Appeals onSize Determinations

I. Pursuant to the authority vested inthe Administrator by the Small BusinessAct (Pub. Law 85-536), as amended (Pub.Law 85-699) ; the Small Business Invest-ment Act of 1958 (Pub. Law 85-699), asamended (Pub. Law 86-502); Reorgani-zation Plan No. 2 of 1954, dated April 24,1954 (83d Cong., 2d Sess.) and Reorgani-zation Plan No. 1 of 1957, dated April 29,1957 (85th Cong., 1st Sess.), there ishereby delegated to the Secretary of theSize Appeals Board, the authority:

A. Size determinations. To certify anyaction taken by the Size Appeals Board.

B. Correspondence. To sign all dor-respondence, other than Congressionalcorrespondence, of actions taken by theSize Appeals Board and correspondencerequesting additional information whichmay be required in connection withpending size determination appeals.

II. The authority delegated hereinmay not be redelegated.

III. All authority delegated hereinmay be exercised by any SBA employeedesignated as acting Secretary, Size Ap-peals Board.




[Delegation of Authority 50 (Rev. 3) ]

DEPUTY ADMINISTRATOR FOR THEINVESTMENT DIVISION

Delegation Relating to the InvestmentProgram

I. Pursfiant to the authority vested irfn-the Administrator by the Small BusinessInvestment Act of 1958 (Pub. Law 85-699), as amended (Pub. Law 85-502);the Small Business Act (Pub. Law 85-536), as amended (Pub. Law 85-699):

7418


Reorganization Plan No. 2 of 1954, datedApril 29, 1954 (83d Cong., 2d Sess.) ; andReorganization Plan No. 1 of 1957, datedApril 29, 1957 (85th Cong., 1st Sess.),there is hereby delegated to the DeputyAdministrator for the Investment Divi-sion the authority:

A. Investment. To take any and allactions necessary to carry out the pro-visions of the Small Business InvestmentAct of 1958, as amended, within the limi-tations of said Act, the Small BusinessInvestment Companies Regulation, asamended, and the Loans to State andLocal Development Companies Regula-tion, as amended.

B. Size determinations. To deter-mine for the purpose of the programsfor which he is responsible the concernswhich are small businesses within the

meaning of this agency's Small BusinessSize Standards Regulation.

C. Administrative. 1. To authorize orapprove (a) his personal travel and (b)the travel of Washington office em-ployees under his supervision, excepttravel when actual subsistence expensesare requested.

2. To approve (a) sick and annualleave, except advance sick leave, (b)leave without pay not in excess of 30days, and (c) Overtime work for em-ployees under his supervision.

3. To authorize his personal expendi-tures for registration fees not in excessof $25.00 for each registration.

D. Correspondence. To sign all cor-respondence, except Congressional cor-respondence, relating to the InvestmentProgram.

II. The authority delegated in I.B. andI.C. 3 may not be redelegated.

III. All authority delegated hereinmay be exercised by any SBA employeedesignated as Acting Deputy Adminis-trator for the Investment Division.

IV. All previous authority delegated bythe Administrator to the Deputy Ad-ministrator for the Investment DivisionDelegation of Authority No. 52 (Rev. 2)(24 P.R. 7171) is hereby rescinded with-out prejudice to actions taken undersuch delegation prior to the date hereof.

Effective date: June 27, 1980.

PHILIP MCCALLUM,

Administrator.


CUMULATIVE CODIFICATION GUIDE-AUGUSTThe following numerical guide is a list of the parts of each title of the Code ofFederal Regulations affected by documents published to date during August.

3 CFR Page

PROCLAMATIONS:3361 I -- - 73513362 ---------------------- 7351

EXECUTIVE ORDERS:3596_ --_ 7383

5 CFR29 ------------------- -

6 CFR331

7 CFR28 -51 ---------------------- 7273,52210 ........301718 ....728811818 ........- -850934 ------------------------938953 ------.----------------------1014 .......1020 .......1022 .........1029 .......PROPOSED RULES:

54----------------------362 .......903 ....905 ....957 ---------------------966 ....987-998 ....1014-_-1016--1018__-1020__-

7307

7352

73527307.730872757237723773557355735673577238723872397275730873097239

737472867246'739174037284739173317391725972607403

8 )CFR " Page

51 -------------------------- 7240

9 CFR72 --------------------------- 730978------------- -------------- 7240

12 CFR220 -------------------------- 7312221 -------------------------- 7313

13 CFR107 -------------------------- 7276

14 CFR507 --------------------- 7241,7313601 -------------------------- 7242608 -------------------------- 7242609 -------------------------- 7278PROPOSED RULES:

294 --- -------------------- 7261507 ---------------------- 7333600 ---------------------- 73346_1 - 7261,7334602 ----------------------- 7261

15 CFR382 -------------------------- 7357

17 CFR274 -------------------------- 7368

19 CFR8-

20 CFRPROPOSED RULES:

602 ......604 .....

7313

72877287

21 CFR120 --------------------- 7314,7369121 ---------------------- 7314,7316304 -------------------------- 7369PROPOSED RULES:

121 ------------------ 7332,7374

32 CFR Page

83--------------------------- 72421701 ------------------------- 7277

33 CFR203 -------------------------- 7316

35 CFR4 ------------------------------ 731636 CFR7 ---------------------------- 7317

38 CFR6 ---------------------------- 73698 ---------------------------- 7369

39 CFR13 --------------------------- 724415 --------------------------- 724422 --------------------------- 7244

42 CFR73 --------------------------- 7317

45 ,CFR13 --------------------------- 7317

46 CFR43 - 7244'PROPOSED RULES:

201-360 ------------------ 7260

47 CFR1 ---------------------------- 73704 ---------------------------- 731711 --------------------------- 737261 ----------------------------- 737062 --------------------------- 737063 --------------------------- 7370PROPosEDA RULES:

2 --------------------------- 74033 -------------------- 7405,740610 ----------------------- 7406

49 CFR7 ---------------------------- 7283405 -------------------------- 7283PROPOSED RULES:

10 ----------------------- 7407


Federal Register: 25 Fed. Reg. 7349 (Aug. 5, 1960).

Documents

Transcript of Federal Register: 25 Fed. Reg. 7349 (Aug. 5, 1960).