Pages F'EIIE EGISTEIIcdn.loc.gov/service/ll/fedreg/fr026/fr026087/fr026087.pdfPages 3949-3975 F'EIIE...

Pages 3949-3975

F'EIIE EGISTEIINUMBER 87

Washington, Saturday, May 6, 1961

ContentsTHE PRESIDENT

Executive OrdersEthical standards for Govern-

ment officials; guide ---------- 39President's Foreign Intelligence

Advisory Board; establishment- 39

EXECUTIVE AGENCIES

Agricultural Marketing ServiceRULES AND RECULATIONS:Certain fruit grown in California

and Arizona; handling limita-tions:

Lemons ---------------------- 39Valencia oranges ------------- 39

Certain fruit grown in Florida;shipments limitations:

Grapefruit -------------------- 39Oranges --------------------- 39

Egg products; grading and inspec-tion; miscellaneous amend-ments ------------------------ 39

Agricultural Research ServiceNOTICES:Certain humanely slaughtered

livestock; identification of car-casses ---------------------- 39

Agriculture DepartmentSee Agricultural Marketing Serv-

ice; Agricultural Research Serv-ice;- Commodity StabilizationService.

Army DepartmentSee also Engineers Corps.RULES AND REGULATIONS:Claims and accounts; Class Q. al-

lotments of pay -------------- 39

Atomic Energy CommissionNOTICES:Armour Research Foundation of

Illinois Institute of Technology;notice of issuance of facilitylicense amendment ------------ 39

Yankee Atomic Electric Co.; sup-plemental order adding issue'and'providing for postponementof hearing----------------

51 Civil Aeronautics BoardNOTICES:

51 Buffalo-Toronto route case; notice

of postponement of oral argu-ment

Florida-Mexico City service case;notice of oral argument -------

Commerce DepartmentSee Federal Maritime Board.

57 Commodity Credit Corporati455 See Commodity Stabilization Serv-

ice.

56 Commodity Stabilization Ser55 RULES AND REGULATIONS:

Milk in Indianapolis, Ind., market-ing area; order suspending cer-

52 tain provision -----------------Soil bank; conservation reserve

program; designation and useof conservation reserve:

1956 through 1959 ----1960

64 'Defense DepartmentSee Army Department; Engineers

Corps.

Engineers CorpsRULES AND REGULATIONS:St. Lucie Canal, Florida; bridge

regulations -------------------

Federal Aviation AgencyNOTICES:No airspace objections:

Space needle construction ------62 TV antenna tower ------------

RULES AND REGULATIONS:Airworthiness directives:

Douglas DC-7 and DC-7B air-craft -----------------------

Lockheed 188 series aircraft ....Control zone; alteration ---------

67 Restricted areas; alteration ------

Federal Housing AdministrationRULES AND REGULATIONS:

3967 Delegations of basic authority andf36 cunctions; miscellaneousamendments ----------------- 3961

Federal Maritime BoardNOTICES:

3967 Trans-Atlantic Freight Confer-ence (New York); notice of pro-

3967 posed cancellation of agree-m en t --------------------------

Federal Power Commissionon NOTICES:

Hearings, etc.:J. E, Jones Drilling Co. et al ...Osborn, W. B., Jr., et al --------

vice Federal Trade Commission

RULES AND REGULATIONS:Prohibited trade -practices:

3957 American News Co. and UnionN ew s Co --------------------

Rough Wear Clothg Co., Inc.,et al

3952 Sassbender, Elliott W., Sr., et al_

3967

39683970

3960

39613960

Housing a nd -Home FinanceAgency

See Federal Housing Administra-tion.

Interior DepartmentSee also Land Management Bu-

3962 reau.

NOTICES:Bonneville Power Administration;

negotiation of contracts for per-sonal or professional services-- 3963

39683968 Interstate Commerce Commission

NOTICES:Fourth section applications for re-

3958 lief ------------------------ 39743957 Motor carrier transfer proceed-

3958 . ings ----------------- ------ 39723958 (Continued on next page)

3949

CONTENTS

Land Management BureauNOTICES:Alaska; transfer of jurisdiction of

interests (2 documents) ------- 3963

Post Office DepartmentNOTICES:Citizen's Stamp Advisory Com-

mittee; establishment and ap-pointment of members -------- 3963

Securities and Exchange Com-mission

NOTICES:Hearings, etc.:

Missouri Edison Co ------------ 3971New Orleans Public Service,

Inc., and Middle South Utili-ties, Inc ------------------- 3971

Small Business AdministrationNOTICES:Branch Counsel, Providence

Branch Office; delegation relat-ing to legal functions ---------- 21,

Chairman, Loan Review Board;delegation relating to financial,assistance ------------------- 39'

74

74

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.

3CFREXECUMIE ORDERS: Now Available10656 (revoked by E.O. 10938)___ 395110938 ------------------------ 3951-10939 --------------------------- 3951 1 t/I Al,

6 CFR485 (2 documents) -------------- 3952

7 CFR55 ------------------------------ 3952922 -------------------------- 3955933 (2 documents) --------- 3955,3956953 ----------------------------- 39571025 ------------------------- 3957.

14 CFR507 (2 documents) --------- 3957, 3958601- ...... 3958608- 7-3958

16 CFR13 (3 documents) ---------- 3960, 3961

24 CFR200__

32 CFR538_.................

33 CFR203-

3961

-------- 3962

3962

FEI)h *E W E TPublished daily, except Sundays, Mondays, and days following official Federal holidays,by the Office of the Federal Register, National Archives and Records Service, General Serv-Ti 4P Ices Administration, pursuant to the authority contained in the Federal Register Act, ap-Tel n W -36proved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C.,, ch. 8B), under regulations

prescribed by the Administrative Committee of the Federal Register, approved by the President. Distribution is made only by theSuperintendent of Documents, Government Printing Office, Washington 25, D.C.

The FEDERAL REGISTER will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year, payable inadvance. " The charge for individual copies (minimum 15 cents) varies In proportion to the size of the issue. Remit check or moneyorder, made payable to the Superintendent of Documents, directly to the Government Printing Office, Washington 25, D.C.

The regulatory' material appearing herein is keyed to the CODE OF FEDERAL REGULATIONS, which is published, under 50 titles, pur-suant to section 11 of the Federal Register Act, as amended August 5, 1953. The CODE Or FEDERAL REGULATIONS is sold by the Superin-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.

f-'uetlc P-aperi of the

+

Containing Public Messages,Speeches and Statements,Verbatim News Conferences

Volumes for the following

years are now available:

1953 ----------- $6.751954 _ 7.251955 ----------- 6.751956 ----------- 7.251957 ----------- 6.751958 ----------- 8.251959 ----------- 7.00

Published by the Office of the FederalRegister, National Archives and RecordsService, General Services Administration

Order from Superintendent of Documents,United States Government Printing Office,

Washington 25, D.C.

3950

Presidential DocumentsTitle. 3- THE PRESIDENTExecutive Order 10938

ESTABLISHING THE PRESIDENT'SFOREIGN INTELLIGENCE ADVISORY-BOARDBy virtue of the authority vested in me

as President of the United States, it isordered as follows:

SECTION 1. There is hereby estab-lished the President's Foreign Intelli-gence Advisory Board. The function ofthe Board shall be to advise the Presidentwith respect to the objectives and con-duct of the foreign intelligence and re-lated activities of the .United Stateswhich are required in the interests offoreign policy and national defense andsecurity.

SEc. 2. In the performance of its ad-visory duties, the Board shall conduct acontinuing review and assessment of allfunctions of the Central IntelligenceAgency, and of other executive depart-ments and agencies having such orsimilar responsibilities in the foreignintelligence and related fields, and shallreport thereon to the President each sixmonths or more frequently as deemedappropriate. The Director of Central In-telligence and the heads of other depart-ments and agencies concerned shall makeavailable to the Board any informationwith respect to foreign intelligence mat-ters which the Board may require for thepurpose of carrying out its responsibili-ties to the President. The informationso supplied to the Board shall be affordedrequisite security protection as pre-scribed by the provisions of applicablelaws and regulations.

SEC. 3. Members of the Board shall beappointed from among qualified personsoutside the Government and shall re-ceive such compensation and allowances,consonant with law, as may be prescribedhereafter. Such compensation and al-lowances and any other expenses arisingin connection with the work of the Boardshall be paid from the appropriation ap-pearing under the heading "SpecialProjects" in title I of the GeneralGovernment Matters Appropriation Act,1961, 74 Stat. 473, and, to the extent per-mitted by law, from any' correspondingappropriation which may be made for

subsequent, years. Such payments shallbe made without regard to the provisionsof section 3681 of the Revised Statutesand section 9.o the act of March 4, 1909,35 Stat. 1027 (31 U.S.C. 672 and 673).

SEC. 4. Executive Order No. 10656 ofFebruary 6, 1956, is hereby revoked.

JOHN F. KENNEDY

THE WHITE. HOUSE,May 4, 1961.

[F.R. Doc. 61-4248; Filed, May 4, 1961;4:22 p.m.]

Executive Order 10939TO PROVIDE A GUIDE ON ETHICAL

STANDARDS TO GOVERNMENTOFFICIALS

WHEREAS the maintenance of highethical and moral standards in the con-duct of the functions of the Federal Gov-ernment is a matter of continuingconcern; and

WHEREAS it is incumbent upon thoseWho occupy positions of the highest re-sponsibility and authority to set an im-peccable example:

NOW, THEREFORE, by virtue of theauthority vested in me as President ofthe United States, it is hereby orderedas follows:

1. This Order shall apply to all headsand assistant heads of departments andagencies, full-time members of boardsand commissions appointed by the Presi-dent, and members of the White HouseStaff.

2. No such official shall engagein anyoutside employment or other Outsideactivity not compatible with the full andproper discharge of the responsibilitiesof his office or position. It shall bedeemed incompatible with such dis-charge of responsibilities for any suchofficial to accept any fee, compensation,gift, payment of expenses, or any otherthing of monetary value in circum-stances in which acceptance may resultin, or create the appearance of, resultingin:

(a) Use of public office for privategain;

(b) An undertaking to give preferen-tial treatment to any person;

(c) Impeding government efficiency oreconomy;

(d) Any loss of complete independ-ence or impartiality; .

(e) The making of a Government db-cision outside official channels; or

(f) Any adverse effect on the confi--dence of the public in the integrity of theGovernment.

3. No such official shall receive com-pensation or anything of monetaryvalue, other than that to which he is dulyentitled from the Government, for theperformance of any activity during hisservices as such official and within thescope of,his official responsibilities.

4. No such official shall receive com-pensation or anything of monetary valuefor any consultation, lecture, discussion,writing or appearance the subject matterof which (a) is devoted substantially tothe responsibilities, programs or opera-tions of the official's department oragency, or (b) draws substantially uponofficial data or ideas which have not be-come part of the body of publicinformation.

5. Paragraphs 3 and 4 of this Ordershall not preclude

(a) Receipt of bona fide reimburse-ment, to the extent permitted by law,for actual expenses for travel and suchother necessary subsistence as is com-patible with this directive and in whichno government payment or reimburse-ment is made: Provided, however, Thatthere shall be no reimbursement or pay-Sment on behalf of the official for enter-tainment, gifts, excessive personal livingexpenses, or other personal benefits;

(b) Participation in the affairs ofcharitable, religious, non-profit educa-tional, public service or civic organiza-tions, or the activities of national or statepolitical parties not proscribed by law;

(c) Awards for meritorious publiccontribution given by public service orcivic organizations.

6. 'Each department and agency headshall review or issue internal directivesappropriate to his department or agencyto assure the maintenance of high ethi-cal and moral standards therein.

7. Nothing in this Order shall be con-strued to supersede, alter, or interpretany existing law or regulation.

. JOHN F. KENNEDY

THE WHITE HOUSE,May 5,1961.

[P.R. Doc. 61-4276: Filed, May 5, 1961;,10:35"a.m.]

Rules and RegulationsTitle 6-- -AGRICULTURAL

CREDITChapter IV-Commodity Stabilization

Service and Commodity CreditCorporation, Department of Agri-culture

SUBCHAPTER D-REGULATIONS UNDER SOILBANK ACT

[Amdt. 47]

PART 485-SOIL BANK

Subpart-Conservation Reserve Pro-gram for 1956 Through 1959

DESIGNATION AND USE OF CONSERVATIONRESERVE

Section 485.157(b) (1) of the regula-tions governing the Conservation ReserveProgram for 1956 through 1959, 21 F.R.6289, as amended, is further amended by:

1. Deleting the words "under specifica-tions available at the office of the countycommittee" in the second sentence.

2. Adding at the end thereof the fol-lowing sentence: "Notwithstanding anyother provision of this subparagraph, thedestruction of the vegetative cover dur-ing the last six months of the contractperiod for the purpose of planting a cropwhich matures for harvest in a later yearor preparing the land therefor shall notbe considered a violation of thecontract."(See. 124, 70 Stat. 198; 7 U.S.C. 1812)

Effective date: May 3, 1961.

Signed at Washington, D.C., on May 3,1961.

H. D. GODFREY,Administrator,

Commodity Stabilization Service.

[F.R. Doc. 61-4210; Piled, May 5. 1961;8:50 a.m.]

[Amdt. 12]

PART 485-SOIL BANK

Subpart-Conservation ReserveProgram for 1960

DESIGNATION AND USE OF CONSERVATIONRESERVE

Section 485.513(b) (1) of the regula-tions governing the Conservation ReserveProgram for 1960, 24 F.R. 7987, asamended, is hereby further amended byadding at the end thereof the following:"Notwithstanding any other provision ofthis subparagraph, (i) the destruction ofthe vegetative cover during the last sixmonths of the contract period for thepurpose of planting a crop which ma-tures for harvest in a later year or pre-paring the land therefor, or (ii) thedestruction of the vegetative cover dur-ing the last year of the contract periodfor the purpose of carrying out summer

fallow operations, shall not be considereda violation of the contract."(See. 124, 70 Stat. 198; 7 U.S.C. 1812)

Effective date: May 3, 1961.

Signed at Washington, D.C., on May 3,1961.

H. D. GODFREY,Administrator,

Commodity Stabilization Service.

[F.R. Doc. 61-4209; Filed, May 5, 1961;8:50 a.m.]

Title 1-AGRICULTUREChapter I-Agricultural

Service (Standards,Marketing Practices),of Agriculture

MarketingInspections,Department

SUBCHAPTER C-REGULATIONS AND STAND-ARDS UNDER THE FARM PRODUCTS INSPEC-TION ACT

PART 55-GRADING AND INSPEC-TION OF EGG PRODUCTS

Miscellaneous Amendments

Notice of proposed amendments to theregulations governing the grading andinspection of egg products (7 CFR Part55) was published in the FEDERAL REGIS-TER on March 2, 1961 (26 F.R. 1835). Theamendments hereinafter promulgatedare issued pursuant to authority con-tained in the Agricultural Marketing Actof 1"946 (60 Stat. 1087; 7 U.S.C. 1621et seq.).

The major changes in the amendmentsconsist of adding: (1) A definitive sam-pling procedure; (2) more adequate fa-cilities for resident graders; (3) a fee forlaboratory analysis of frozen egg prod-ucts to determine if they contain lacticacid; and (4) a change from 3 to 31/2minutes in the minimum time requiredfor flash heating liquid whole egg duringpasteurization. The amendments alsomake minor changes in general operat-ing procedures, candling and breakingroom facilities and operations, coolingand freezing operations and drying fa-cilities and operations.

After consideration of all relevantmaterial, the regulations in 7 CFR Part55, as amended, are hereby furtheramended as follows:§ 55.4 [Amendment]

1. Change paragraph (e) of § 55.4 toread:

(e) Condition inspection and labora-tory analysis of egg products which areprepared in nonofficial plants.§ 55.6 [Amendment]

2. Change § 55.6 by placing "(a)" im-mediately prior to the first sentencethereof and add a new paragraph (b)to "read:

(b) Whenever grading or inspectionservice is performed on a sample basis,such sample shall be drawn as follows:(1) When frozen eggs are packed in 30-pound or larger containers, a sufficientnumber of randomly selected containersequivalent to not less than the squareroot of the total number in the lot shallbe selected. When frozen eggs arepacked in smaller containers, the num-ber of containers to be selected shall benot less than the figure obtained bydividing the total net weight of the lotby 30 and extracting the square rootthereof; (2) samples of dried egg solidsof appropriate size shall be drawn in.approximately equal portions from fourrandomly selected containers in each lot.For sampling purposes a lot shall. con-sist of not more than 2,500 pounds. Ifthe lot consists of less than four contain-ers, the sample shall be drawn in approx-imately equal portions from each con-tainer in the lot.

3. Change § 55.18 to read:

§ 55.18 Facilities to be furnished foruse of graders'and inspectors in per-forming service on a resident inspec-tion basis.

(a) Facilities for proper sampling,weighing, and examination of shell eggsand egg products shall be furnished bythe official plant for use by inspectorsand frozen egg graders. Such facilitiesshall include a candling light, a heavy

.duty, high speed (not less than 1,000r.p.m. under load) drill with a "Ac, orlarger bit of sufficient length to reachthe bottom of a 30-pound can of frozeneggs, a nonbreakable thermometer, anda test kit for chlorine.

(b) Furnished office space and equip-ment, including but not being limited to,a desk (equipped with a satisfactorylocking device), lockers or cabinets suit-able for the protection and storage ofsupplies and with facilities suitable forinspectors and graders to change cloth-ing. Such space and equipment mustmeet the approval of the State super-visor.

§ 55.23 [Amendment]

4. In paragraph (b) of § 55.23 sub-stitute the words "national superisor"for "area supervisor" contained in thefirst sentence thereof.


5. Delete paragraphs (a) (1) (vi) and-(a) (5) of § 55.30 and red~signate para-graph (a) (6) as paragraph (a) (5) andchange paragraphs (a) (1) (iv) and(a) (1)I (v) to read:

(iv) The use of the terms "UnitedStates," "U.S.," "Government Graded,""Federal-State Graded," "U.S. In-spected," "Government inspected," orterms of similar import in the labelingor advertising of any product;

(v) The use of any official stamp,symbol, label, seal, or identification in

the labeling or advertising of anyproduct.


§ 55.35 Approval of official identifica-tion.

Any label, container or packaging ma-terial which bears any official identifica-tion shall be used only in such manneras the Administrator may prescribe. Nolabel, container or packaging materialbearing official identification may beused unless finished copies or samplesthereof have been approved by the Ad-ministrator, No label, container orpackaging material bearing official iden-tification shall be printed or prepared foruse until the printer's or other final proofhas been approved by the Administrator.No label, container or packaging materialwhich bears official identification shallbear any statement that is false or mis-leading. If the label is printed on orotherwise applied directly to the con-tainer or packaging material the prin-cipal display panel thereof shall be con-sidered as the label. The label shallcontain the common or usual name ofthe product, if any there be, the nameand address of the packer or distributor,and When the name of the distributor isshown, it shall be qualified by such termas "packed for," "distributed by," or "dis-tributors," the lot number, a statementof the net contents of the container, andif the product is comprised of two ormore ingredients such ingredients shallbe listed in the order of descendingproportions. Egg products that arelabeled "Whites and yolks" shall havethe total solids content declared on thelabel if-the solids content is less than251/2 percent.


§ 55.41 Products not eligible for officialidentification.

Egg products which are prepared innonofficial plants shall not be officiallyidentified. However, such products maybe inspected organoleptically and bylaboratory analyses and covering certifi-cates issued setting forth the results ofthe inspection. Such certificates shallapply only to samples examined andshall include a statement that the prod-uct was produced in a nonofficial plant.Each container of frozen whole eggs willbe drilled and examined organolepticallyand product which appears to be satis-factory shall for sampling purposes beplaced in lots not exceeding 6,000 pounds.Samples for laboratory analyses will betaken from each lot as provided in § 55.6(b) and examined for direct microscopicbacterial count and for the presence ofacetic and lactic acid. Frozen, wholeeggs shall be considered unsatisfactory ifthey contain acetic acid in any measur-able quantity or if they contain lacticacid in excess of 7 milligrams per 100grams of egg in combination with a di-rect microscopic bacterial count of morethan 5,00.0,000 per, gram of egg. Thebacteriological analysis shall be made inaccordance with the methods prescribedin Standard Methods for the Examina-tion of Dairy Products of the AmericanPublic Health -Association. The chemi-cal analyses shall be made in accordance

Saturday, May 6, 1961 FEDERAL REGISTER

with the methods prescribed in OfficialMethods of Analysis of the Association ofOfficial Agricultural Chemists.§ 55.42 [Amendment]

8. Add the following new paragraph(d) to §55.42:

(d) Upon termination of inspectionservice in an official plant pursuant to theregulations, all labels, seals, tags or pack-aging material bearing official identifica-tion shall, under the supervision of aperson designated by the Service, eitherbe destroyed, or the official identificationcompletely obliterated, or sealed in amanner acceptable to the Service.§ 55.66 [Amendment]

9. Change paragraph (b) of § 55.66 byadding at the end thereof the following:Lactic acid ----- .-----.----------- 40.00


10. Change paragraphs (a), (b), (g),and (m) of § 55.77 to read:

(a) All operations involving proc-essing, storing, and handling of shelleggs, ingredients to be added, and eggproducts shall be strictly in accord withclean and sanitary methods, and shall beconducted as rapidly as i, practicable.Stabilizati6n procedures, when em-ployed shall be approved by the Admin-istrator. Temperatures in all operationsshall be such as will prevent a materialincrease in bacterial growth and de-terioration or breakdown in the eggmeat.

(b) All shell eggs and egg productsshall be subjected to constant and con-tinuous inspection throughout each andevery processing operation. Any shellegg or egg product which was not proc-essed in accordance with the regulationsin this part or is not fit for human foodshall be removed and segregated prior toany further processing operation in con-nection with the production of eggproducts.

(g) Only germicides, insecticides, ro-denticides, detergents, or wetting agentsor other similar compounds which willnot deleteriously affect the egg productsand which have been approved by theAdministrator may be used in an officialplant. The use of such compounds shallbe in a manner satisfactory to theAdministrator.

(m) All utensils and equipment, ex-cept the drying units, the powder con-veyors, mechanical powder coolers, andblenders' shall be cleaned and sanitizedat the start of each day's prdcessingoperations. All equipment and utensilsshall be kept clean and sanitary duringall processing operations.


11. Change paragraphs (a), (f), and(g) of § 55.78 to read:

(a) The room shall be adequatelydarkened to assure accuracy in removalof inedible or loss eggs by candling.Equipment shall be arranged so as tofacilitate cleaning and the removal ofrefuse and excess packing material.

* * S "$ S

3953

(f) Containers made of a material andof such design that is conducive to easycleaning and sanitizing shall be providedfor inedible eggs. All such containersshall be conspicuously marked.

•(g) Containers made of a material andof such design that is conducive to easycleaning and sanitizing shall be providedfor trash unless clean disposable con-tainers are furnished daily.§ 55.79 [Amendment]

12. Change paragraph (c) of § 55.79 to,read:

(c) Mechanical candling machinesshall be maintained in a clean conditionduring operations.

13. Add a new subparagraph (6) toparagraph (g) of § 55.79 to read:

(6) Incubator reject eggs and ovafrom slaughtered birds of any speciesshall not be brought into the officialplant.§ 55.81 [Amendment]

14. Change paragraphs (a) and (c) of§ 55.81 to read:

(a) All shell eggs with adhering dirtshall be cleaned prior to breaking. Ifsuch eggs are washed, they shall berinsed with a water spray and promptlydried sufficiently to prevent contamina-tion or adulteration of the liquid egg.Immediately following the water rinse,such eggs together with eggs not re-quiring cleaning, may be immersed in orsprayed with a sanitizing -solution andthereafter promptly dried sufficiently toprevent contamination or adulterationof the liquid egg prior to breaking.

(c) Shell eggs shall not be washed inthe breaking or sanitizing rooms or anyroom where edible products areprocessed.§ 55.82 [Amendment]

15. Change paragraph (a), subpara-graph (1) of paragraph (d) and para-graph (i) of § 55.82 to read:

(a) The breaking room shall have atleast 30 foot candles of light on all work-ing surfaces except that light intensityshall be at least 50 foot candles at break-ing tables and inspection tables. Lightsshall be protected with adequate safetydevices.

(d) (1) A positive flow of outsidefiltered air through the room;

(i) Conveyors which are used forcarrying shell eggs shall be so installedas will prevent contamination of the eggproducts.§ 55.83 [Amendment ]

16. Change paragraphs (b), (f), (i),(j), (1), (p), (w), (x), (z), (cc), and (ff)of § 55.83 to read:

(b) Shell egg containers coming intothe breaking room shall be so handledthat they do not pass directly over orcome in contact with liquid egg, liquid-egg containers, or drip trays. Such con-tainers shall be-made of a material andof such design that is conducive to easycleaning and sanitizing.

RULES AND REGULATIONS

(f) Breakers shall use a complete setof clean equipment when starting workand after lunch periods. All table equip-ment shall be rotated with clean equip-ment every 21/2 hours.

* * * * *

(i) Shell particles, meat and bloodspots, and other foreign material acci-dentally falling into the cups or traysshall be removed with a spoon or otherapproved instrument.

(j) Whenever an inedible egg isbroken, the affected breaking equipmentshall be replaced with a complete set ofclean equipment, except that only thecup or Canadian tray need be exchangedwhen bloody whites or blood rings areencountered.

(1) The contents of any cup or otheregg-liquid receptacle containing one ormore inedible or loss eggs shall berejected.

* * * * *

(p) Liquid eggs recovered from shellegg containers and leaker trays shall berejected and treated as inedible eggliquid.

* * * * *

(w) Belt type shell egg conveyors shallbe cleaned and sanitized approximatelyevery 4 hours in addition to continuouscleaning during operation. When not inuse, belts shall be raised to permit airdrying.

(x) Cups, knives, racks, separators,trays, spoons, liquid-egg pails, and otherbreaking equipment shall be cleaned andsanitized at least every 21/2 hours: Thisequipment shall also be cleaned and san-itized at the end of each shift and shallbe sanitized again immediately prior touse unless operations are resumed withinone. hour. All washing -and sanitizingis to be conducted in the area providedfor this purpose.

(z) Dump tanks, draw-off tanks andlow pressure liquid egg lines shall beflushed at least every 4 hours. All suchequipment and all other liquid handlingequipment, unless cleaned by acceptablein-place cleaning methods, shall be dis-mantled, cleaned and sanitized aftereach shift and shall not be reassembledmore than 2 hours prior to use. Suchequipment shall be'thoroughly flushedwith a sanitizing solution and thoroughly.drained prior to placing in use.

* * * * *

(cc) Metal containers and lids forother than dried products shall bethoroughly washed and drained imme-diately prior to filling, except that ifequally effective measures approyed bythe national supervisor in writingare followed to assure clean and san-itary containers at the time of filling,the foregoing washing sequence shall notbe required.

* * * * *

(ff) Those parts of mechanical eggbreaking equipment not specificallycovered elsewhere in this section shallbe cleaned and sanitized as often asnecessary to maintain the equipment ina sanitary condition and shall be thor-

oughly cleaned at least every 4 hours andat the end of the shift.


17. Change paragraphs (c), (d), (e),and (f) of § 55.85 to read:

(c) All product which is not subjectedto immediate stabilization or pasteuriza-tion shall be cooled to 450 F. or lesswithin 1/2 hours from time of breaking.

(d) Egg products containing 30 per-cent or more egg solids, to which 10 per-cent salt has been added, may beaccumulated up to 4 hours at a tempera-ture not exceeding 60' F., for the purposeof equalizing salt, fat and color, pro-vided that immediately thereafter, theproduct is packaged and placed in afreezer. All other liquid egg shall becooled to 450 F. within 11/2 hours fromthe time of breaking and maintained attemperatures not exceeding 450 F. untilloaded for shipment, or until stabilizingor pasteurizing operations are begun, oruntil frozen or dried, or delivered to theconsumer. Such liquid eggs, if to beheld for more than 8 hours, shall be re-duced to a temperature of 400 F. or lesswithin 12 hours from time of breakingand held at 40° F. or less until stabiliz-ing or pasteprizing operations are be-gun, or until dried, 6r frozen, or deliveredto the consumer.

(e) Stabilized liquid eggs shall becooled to 400 F. or less, unless immedi-ately dried or pasteurized following sta-bilization. The cooling process shall bestarted immediately following stabiliza-tion and be completed within 3 hours.

(f) Pasteurized liquid egg shall becooled to 400 F. or less, unless immedi-ately dried or stabilized following pas-teurization. The cooling process shallbe started immediately following pas-teurization and be completed withih 1 1/2hours.


18. Change paragraph (a) of § 55.87to read:

(a) Freezing rooms, either on or offthe premises, shall be capable of freezingall liquid egg products in accordance withthe freezing requirements as set forth in§ 55.88. Use of off-premise freezingfacilities is permitted only when priorapproval in writing from the nationalsupervisor is on file.


19. Change paragraph (b) of § 55.88to read:

(b) All egg products shall be solidlyfrozen or reduced to a temperature of100 F.within 60 hours after placing inthe freezer. The temperature of prod-ucts not solidly frozen shall be taken atthe center of the package to determinecompliance with this section.


20. Change paragraph (j) of § 55.91to read:

(j) Cooling equipment for dried eggpowder shall be provided and be capableof promptly cooling all powder exceptalbumen to a temperature of 850 F. orless.


21. Change paragraph (b) of § 55.93to read:

(b) Egg powder; blending. Subpara-graphs (1), (2), (3), (5) and (7) of thisparagraph are applicable to all powder,and subparagraphs (4) and (6) of thisparagraph are applicable only to wholeeggs.

(1) The powder shall be blended uni-formly throughout the operation.

(2) Secondary powder shall be b'endedwith primary powder continuously bymechanical means.

(3) Approximately the first and'last175 pounds of powder from the maindrier for each continuous operation shallbe checked for improperly dried orscorched powder.

(4) The resident inspector shall drawa representative sample and score eachlot (a lot shall not exceed 2,500 pounds)of powder for palatability. A lot scoring61/2 or higher is eligible for identificationwith the inspection mark as provided in§ 55.36. A lot scorifig 4 to 6, inclusive,may be officially identified as provided in§ 55.38. Powder scoring less than 61/2shall not be blended with higher scoringpowder, if the resultant finished productis to be officially identified as provided in§ 55.36. Powder, including sweep-downpowder, scoring less than 61/2 but notlower than 4 may be officially identifiedas provided in § 55.38.

(5) Whole egg powder scoring below4 and any powder obtained from at dusthouse, brush bag or screenings shall notbe officially identified or blended withpowder to be officially identified, exceptthat brush-bag powder from albumendriers may be blended and officiallyidentified.

(6) For any purpose other than todetermine suitability for blending orofficial identification, palatability scoresshall be determined by a USDA labora-tory from representative samples drawnby an inspector.

(7) Representative samples shall bedrawn in accordance with § 55.6(b) forlaboratory analysis.


22. Change paragraph (a) of § 55.94to read:

(a) Drying facilities shall be con-structed in such a manner as will allow.thorough cleaning and be equipped withapproved intake filters.


23. Change paragraph (a), of § 55.98to read:

(a) This room or area shall be welllighted, and of sufficient size to permitoperators to properly wash and sanitizeall equipment at the rate required by thesize of the operation. Adequate ventila-tion shall be provided to insure theprompt removal of odors and vapors -andthe air flow shall be away from • thebreaking room. If the washing andsanitizing room is not a separate room,it shall be an area well segregated fromthe breaking areas and it shall be wellventilated with air movement directedaway from the breaking operations so

3954

Saturday, May 6, 1961

that odors and vapors do not permeatethe breaking areas.


24. Change paragraph (f) of §.55.100to read:

(f) Expectorating, or other unsanitarypractices, shall not be permitted.


25. Change paragraphs (a)' and (b) of§ 55.101 to read:

(a) Pasteurizing 'facilities. Adequatepasteurizing equipment of approved con-struction shall be provided so that all ofthe liquid whole egg will be processed asprovided in paragraph (b) of this sec-tion. The pasteurizing equipment shallbe provided with a holding tube, an auto-matic flow diversion valve with attachedthermal controls, and recording deviceswhich will control the flow of egg liquidin such a manner as will accomplishpasteurization as set forth in paragraph(b) of this section and will record tem-peratures of the heated egg liquid at theflow diversion valve continuously andautomatically during the process. Itshall be equipped with autoinatic sound-warning devices to indicate failure ofproper operation. Refrigerated holdingvats of sufficient capacity shall be pro-vided to hold liquid eggs prior to andafter pasteurization.

(b) Pasteurizing operations. T hestrained or filtered liquid egg shall beflash heated to not less than 1400 F. andheld at this temperature for not less than31/2 minutes and not more than 4 min-utes. The flow diversion valve shall beadjusted so that all liquid not meetingthe temperature requirements shall bediverted to a receiving tank and a warn-ing given of failure to meet the tempera-ture requirements. The sanitary pipeleading from the flow diversion valveshall be dismantled, cleaned, and sani-tized and the flow diversion valve flushedwith cold water and whenever a 30-minute time interval has elapsed betweenuse and reuse. The pasteurizing equip-ment shall be dismantled, cleaned, andsanitized at the end of each day's opera-tion. If the eggs are pasteurized within30 minutes after time of breaking, they'need. not be chilled to 450 F. prior topasteurization. Immediately after pas-teurization the liquid eggs shall becooled as provided in § 55,85 unless theyare dried immediately. Any other pro-cedure for pasteurization must be sub-mitted in writing and approved by -thenational supervisor prior to use.


26. In § 55.125 substitute the term "33grams" for the term "30 grams" con-tained in the first sentence thereof.

(Sec. 205, 60 Stat. 1090, as amended; 7 U.S.C.1624; 19 F.R..74, as amended)

The foregoing amendments differ incertain respects from the provisions con-tained in the notice of rule-making.These differences reflect changes of aclarifying nature, or pursuant to com-ments received pursuant to the notice,or to relieve requirements set forth inthe notice except for the change in§ 55.30 (a) (1) (iv) which deletes reference

FEDERAL REGISTER

to grade since grades for egg productshaive not been promulgated. It is notbelieved that the changes will be objec-tionable to affected persons and it doesnot appear that further notice and otherpublic rule-making procedure on theamendments would make additional in-formation available to the Department.Therefore under section 4 of the Admin-istrative Procedure Act (5 U.S.C. 1003)it is found upon good cause that furtherpublic rule-making procedure on theamendments is impracticable a n dunnecessary.

Issued at Washington, D.C., this 3dday of May 1961, to become effective 30days after publication in the FEDERALREGISTER.

Roy W. LENNARTSON,Deputy Administrator,

Agricultural Marketing Service.[F.R. Doc. 61-4196; Filed, May 5, 1961;

8:48 am.]

Chapter IX-Agricultural Marketingand Commodity Stabilization Serv-ice (Marketing Agreements andOrders), Department of Agriculture

[Valencia Orange Reg. 2251

PART 9 2 2 - VALENCIA ORANGESGROWN IN ARIZONA AND DESIG-NATED PART OF CALIFORNIA

Limitation of Handling§ 922.525 Valencia Orange Regulation

225.

(a) Findings. (1) Pursuant to themarketing agreement and Order No. 22,as amended (7 CFR Part 922), regulat-ing the handling of Valencia orangesgrown in Arizona and designated partof California, effective under the ap-plicable provisions of the AgriculturalMarketing Agreement Act of 1937, asamended (7 U.S.C. 601-674), and uponthe basis of the recommendations andinformation submitted by the ValenciaOrange Administrative Committee,established under the said marketingagreement and order, as amended, andupon other available information, it ishereby found that the limitation ofhandling of such Valencia oranges ashereinafter provided will tend to effec-tuate the declared policy of the act.

(2) It is hereby further found that itis impracticable and contrary to thepublic interest to give preliminary notice,engage in public rule-making procedure,and postpone the effective date of thissection until 30 days after publicationhereof in the FEDERAL REGISTER (5U.S.C. 1001-1011) because the timeintervening between the date when in-formation upon which this section isbased became available and the timewhen this section must become effectivein order to effectuate the declared policyof the act is insufficient, and a reason-able time is permitted, under the cir-cumstances, for preparation for sucheffective time; and good cause exists formaking the provisions hereof effectiveas hereinafter set forth. The committeeheld an open meeting during the currentweek, after giving due notice thereof, toconsider supply and market conditions

3955

for Valencia oranges and the need forregulation; interested persons were af-forded an opportunity to submit infor-mation and views at this meeting; therecommendation and supporting infor-mation for regulation during the periodspecified herein were promptly sub-mitted to the Department after suchmeeting was held; the provisions of thissection, including its effective time, areidentical with the aforesaid recommen-dation of the committee, and informa-tion concerning such provisions andeffective time has been disseminatedamong handlers of such Valenciaoranges; it is necessary, in order toeffectuate the declared policy of the act,to make this section effective during theperiod herein specified; and compliancewith this section will not require anyspecial preparation on the part of per-sons subject hereto which cannot becompleted on or before the effective datehereof. Such committee meeting washeld on May 4, 1961.

(b) Order. (1) The respective quan-tities of Valencia oranges grown in Ari-zona and designated part of Californiawhich may be handled during the periodbeginning at 12:01 a.m., P.s.t., May 7,1961, and ending at 12:01 a.m., P.s.t.,May 14, 1961, are hereby fixed as follows:

(i) District 1: 400,000 cartons;(ii) District 2: 328,650cartons;(iii) District 3: Unlimited movement.(2) All Valencia oranges handled dur-

ing the period specified in this sectionare subject also to all applicable sizerestrictions which are in effect pursuantto this part during such period.

(3) As used in this section, "handled,""handler," "District 1," "District 2,""District 3," and "carton" have the samemeaning as when used in said market-ing agreement and order, as amended.(Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C.601-674)

Datbed: May 5, 1961.

FLOYD F. HEDLUND,Deputy Director, Fruit and Veg--

etable Division, AgriculturalMarketing Service.


[Orange Reg. 3871

PART 933-ORANGES, GRAPEFRUIT,TANGERINES, AND T A N G E L O SGROWN IN FLORIDA

Limitation of Shipments

§ 933.1057 Orange. Regulation 387.

(a) Findings. (1) Pursuant to themarketing agreement, as amended, andOrder No. 33, as amended (7 CFR Part933), regulating the handling of oranges,grapefruit, tangerines, and tangelosgrown in Florida, effective under theapplicable provisions of the AgriculturalMarketing Agreement Act of 1937, asamended (7 U.S.C. 601-674), and uponthe basis of the recommendations of thecommittees established under the afore-said amended marketing agreement andorder, and upon other available informa-tion, it is hereby found that -the limita-tion of shipments of oranges, except


Temple oranges, as hereinafter pro-vided, will establish and maintain suchminimum standards of quality and ma-turity and such grading and inspectionrequirements as will tend to effectuatesuch orderly marketing of such Floridaoranges as will be in the public interest;will tend to effectuate the declared policyof the act; and'is not for the purpose ofmaintaining prices to farmers above thelevel which it is declared to be the policyof Congress to establish under the act.

(2) It is hereby further found that itis impracticable and contrary to thepublic interest to give preliminary no-tice, engage in public rule-making pro-cedure, and postpone the effective dateof this section until 30 days after publi-cation thereof in the FEDERAL REGISTER(5 U.S.C. 1001-1011) because the timeintervening between the date when in-formation upon which this section isbased became available and the timewhen this section must become effectivein order to effectuate the declared policyof the act is insufficient; a reasonabletime is permitted, under the circum-stances, for preparation for such effec-tive time; and good cause exists for mak-ing the provisions hereof effective ashereinafter set forth. Shipments oforanges, except Temple oranges, grownin the production area, are pres-ently subject to regulation by grades andsizes, pursuant to the amended market-ing agreement and order; the recom-mendation and supporting informationfor regulation during the period specifiedherein were promptly submitted to theDepartment after an open meeting ofthe Growers Administrative Committeeon May 2, 1961; such meeting washeld to consider recommendations forregulation, after giving due notice ofsuch meeting, and interested personswere afforded an opportunity to submittheir views at this meeting; the provi-sions of this section, including the effec-tive time hereof, are identical with theaforesaid recommendation of the com-mittee, and information concerning suchprovisions and effective time has beendisseminated among handlers of suchoranges; the provisions of the act requirethat the minimum standards of qualityand maturity, as set forth herein, bemade effective when the seasonal aver-age price to growers for such orangesexceeds the parity level specified in sec-tion 2(1) of the act; it is necessary, inorder to effectuate the declared policyof the act, to make this section effectiveduring the period hereinafter set forthand at the commencement thereof, so asnot to permit the unrestricted shipmentthereafter of Florida oranges, exceptTemple oranges, as such unrestrictedshipments woul d not be conducive to theorderly marketing of such oranges aswill be in the public interest and wouldnot tend to effectuate the declared policyof the act; and compliance with thissection will not require any special prep-aration on the part of the persons sub-ject thereto which cannot be completedby the effective time hereof..

(b) Order. (1) Terms used in theamended marketing agreement and ordershall, when used herein, have the samemeaning as is given to the respectiveterm in said amended marketing agree-

ment and order; and terms relating tograde, diameter, standard pack, andstandard box, as used herein, shall havethe same meaning as is given to therespective term in the United StatesStandards for Florida Oranges andTangelos (§ 51.1140 to 51.1178 of thistitle; 26 P.R. 163).

(2) During the period beginning at12:01 a.m., e.s.t., May 8, 1961, and end-ing at 12:01 a.m., e.s.t., September 11,1961, no handler shall ship between theproduction area and any point outsidethereof in the continental United States,Canada, or Mexico:

(i) Any oranges, except Templeoranges, grown in the production area,which do not grade at least U.S. No. 2Russet; or

(ii) Any oranges, except Templeoranges, grown in the production area,which are of a size smaller than a sizethat will pack 324 oranges, packed inaccordance with the requirements of astandard pack, in a standard nailed box.

Shipments of Temple oranges, grownin the production area, are, until 12:01a.m., e.s~t., July 31, 1961, subject to theprovisions of Orange Regulation 385( 933.1052; 26 F.R. 2111).(Sees. 1-19, 48 Stat. 31, as amended; 7 U.S.C.601-674)

Dated: May 3, 1961.S. R. SMITH,

Director, Fruit and VegetableDivision, Agricultural Mar-keting Service.

[P.R. Doc. 61-4206; Filed, May 5, 1961;8:49 a.m.]

[Grapefruit Reg. 339]

PART 933-ORANGES, GRAPEFRUIT,TANGERINES, AND T A N G E L O SGROWN IN FLORIDA

Limitation of Shipments

§ 933.1058 Grapefruit Regulation 339.

(a) Findings. (1) Pursuant to themarketing agreement, as amended, andOrder No. 33, as amended (7 CFR Part933), regulating the handling of oranges,grapefruit, tangerines, and tangelosgrown in Florida, effective under the ap-plicable provisions of the AgriculturalMarketing Agreement Act of 1937, asamended (7 U.S.C. 601-674), and uponthe basis of the recommendations of thecommittees established under the afore-said amended marketing agreement andorder, and upon other available informa-tion, it is hereby found that the limita-tion of shipments of grapefruit, ashereinafter provided, will tend to effectu-ate the declared policy of the act.

(2) It is hereby further found thatit is impracticable and contrary to thepublic interest to give preliminary no-tice, engage in public rule-making pro-cedure, and postpone the effective dateof this section until 30 days after publi-cation thereof in the FEDERAL REGISTER(5 U.S.C. 1001-1011) because the timeintervening between the date when in-formation upon which this section isbased became available and the timewhen this section must become effectivein order to effectuate the declared policy

of the act is insufficient; a reasonabletime is permitted, under the circum-stances, for preparation for such effec-tive time; and good cause exists formaking the provisions hereof effective ashereinafter set forth. Shipments of allgrapefruit, grown in the production area,are presently subject to regulation bygrades and sizes, pursuant to theamended marketing agreement andorder; the. recommendation and sup-porting information for regulation dur-ing the period specified herein werepromptly submitted to the Departmentafter an open meeting of the GrowersAdministrative Committee on May 2,1961, such ,meeting was held to con-sider recommendations for regulation,after giving due notice of such meeting,and interested persons were afforded anopportunity to submit their views at thismeeting; the provisions of this section,including the effective time hereof, areidentical with the aforesaid recom-mendation of the committee, and infor-mation concerning such provisions andeffective time has been disseminatedamong handlers of such grapefruit; it isnecessary, in order to effectuate the de-clared policy of the act, to make thissection effective during the period here-inafter set forth so as to provide for thecontinued regulation of the handling ofgrapefruit, and compliance with thissection will not require any special prep-aration on the part of the persons sub-ject thereto which cannot be completedby the effective time hereof.

(b) Order. (1) Terms used in theamended marketing agreement and ordershall, when used herein, have the samemeaning as is given to the respectiveterm in said amended marketing agree-ment and order; and terms relating tograde, diameter, standard pack, andstandard box, as used herein, shall havethe same meaning as is given to the re-spective term in the United StatesStandards for Florida Grapefruit (§ 51.-750-51.783 of this title;.26 F.R. 163).

(2) During the period beginning at12:01 a.m., e.s.t., May 8, 1961, and end-ing at 12:01 a.m., e.s.t., May 29, 1961, nohandler shall ship between the produc-tion area and any point outside thereofin the continental United States, Can-ada, or Mexico:

(i) Any grapefruit, grown in the pro-duction area, which do not grade at leastU.S. No. 1: Provided, That such grape-fruit may have discoloration to the ex-tent Permitted under the U.S. No. 2 Rus-set grade, and may have slightly roughtexture caused only by speck typemelanose;

(ii) Any seeded grapefruit, grown inthe production area, which are smallerthan 31516 inches in diameter, exceptthat a tolerance of 10 percent, by count,of seeded grapefruit smaller than suchminimum size shall be permitted, whichtolerance shall be applied in accordancewith the provisions for the applicationof tolerances, specified in said UnitedStates Standards for Florida Grapefruit;or

(ii) Any seedless grapefruit, grownin the production area, which aresmaller than 39Ao inches in diameter,except that a tolerance of 10 percent,by count, of seedless grapefruit smaller

3 "96


than such minimum size shall be per-mitted, which tolerance shall be appliedin accordance with the provisions forthe application of tolerances, specifiedin said United States Standards forFlorida Grapefruit.'(Sees. 1-19, 48 Stat. 31, as amended; 7 U.S.C.601-674)

Dated: May 3, 1961.

S. R. SMITH,Director, Fruit and Vegetable

Division, Agricultural Mar-keting Service.

[F.R. Doe. 61-4205; Filed, May 5, 1961;8:49 a.m.]

[Lemon Reg. 898]

PART 953-LEMONS GROWN INCALIFORNIA AND ARIZONA

Limitation of Handling

§ 953.1005 Lemon Regulation 898.

(a) Findings. (1) Pursuant to themarketing agreement, as amended, andOrder No. 53, as amended (7 CFR Part953), regulating the handling of lemonsgrown in California and Arizona, effec-tive under the applicable provisions ofthe Agricultural Marketing AgreementAct of 1937, as amended (7 U.S.C. 601-674), and upon the basis of the recom-mendation and information submittedby the Lemon Administrative Commit-tee, established under the said amendedmarketing agreement and order, andupon other available-information, it ishereby found that the limitation ofhandling of such lemons as hereinafterprovided will tend to effectuate the de-clared policy of the act.

(2) It is hereby further found that itis impracticable and contrary to the pub-lic interest to give preliminary notice,engage in public rule-making procedure,and postpone the effective date of- thissection until 30 days after publicationhereof in the FEDERAL REGISTER (5 U.S.C.'1001-1011) because the time interveningbetween the date when information uponwhich this section-is based became avail-able and the time when this section mustbecome effective in order to effectuatethe declared policy of the act is insuf-ficient, and a reasonable time is per-mitted, under the circumstances, forpreparation for such effective time; andgood cause exists for making the pro-visions hereof effective as hereinafterset forth. The committee held an openmeeting during the current week, aftergiving due notice thereof, to considersupply and market conditions'for lemonsand the need for regulation; interestedpersons were afforded an opportunityto submit information and views at thismeeting; the recommendation and sup-porting information for regulation dur-ing the. period specified herein werepromptly submitted to the Departmentafter such meeting was held; the pro-visions of this section, including its ef-fective time, are identical with the afore-said recommendation of the committee,and information concerning such pro-visions and effective time has been dis-seminated among handlers of suchlemons; it is necessary, in order to effec-

No. 87-2

FEDERAL REGISTER

tuate the declared policy of the act, tomake this section effective during theperiod herein specified; and compliancewith this section will not require anyspecial preparation on the part of per-sons subject hereto which cannot becompleted on or before the effectivedate hereof. Such committee meetingwas held on May 2, 1961.

(b) Order. (1) The respective quan-tities of lemons grown in California andArizona which may be handled duringthe period beginning at 12:01 a.m., P.s.t.,May 7, 1961, and ending at 12:01 a.m.,P.s.t., May 14, 1961, are hereby, fixed asfollows:

(I) District 1: Unlimited movement;(ii) District 2: 325,500 cartons;(iii) District 3: Unlimited movement.(2) As used in this section, "handled,"

"District 1," "District 2," "District 3,"and "carton" have the same meaning aswhen used in the said amended market-ing agreement and order.

(Sees. 1-19, 48 Stat. 31, as amended; 7 U.S.C.601-674)

Dated: May 4, 1961.

S. R. SMITH,Director, Fruit and Vegetable

Division, Agricultural Mar-keting Service.


[Milk Order No. 125]

PART 1025-MILK IN INDIANAPOLIS,IND., MARKETING AREA

Order Suspending Certain Provision

Pursuant to the provisions of the Agri-cultural Marketing Agreement Act of1937, as amended (7 U.S.C. 601 et seq.),and of the order regulating the handlingof milk in the Indianapolis, Indiana,marketing area (7 CPR Part 1025), it ishereby found and determined that:

(a) The following provision of theorder, no longer tends to effectuate thedeclared policy of the Act:

In the first paragraph of § 1025.44(d)"to a nonpool plant not more than 150miles from Monument Circle, Indianap-olis, Indiana, by' the shortest highwaydistance as determined by the marketadministrator,".

(b) Notice of proposed rule making,public procedure thereon, and 30 daysnotice of effective date hereof are imprac-tical, unnecessary and contrary to thepublic interest in that:

(1) This suspension order does not re-quire of persons affected substantial orextensive preparation prior to the effec-tive date;

(2) This suspension order is necessaryto reflect current marketing conditionsand to lmaintain orderly marketing con-ditions in the marketing area;

(3) Experience since the order be-came effective has demonstrated that anoperator of a pool plant located in North-ern Indiana and outside the mdrketihgarea also operates additional plantswithin 150 miles of his pool plant, butmore than 150 from Monument Circle,Indianapolis, Indiana. Under the pres-ent provision, skim milk and butterfatmoved to these nonpool plants must be

3957

classified as Class I because of the lo-cality of the pool plant, even though theskim milk and butterfat is not used in aClass I product.

* The purpose of classifying skim milkand butterfat as Class I when moved inthe form of bulk milk or skim milk dis-

-tances greater than 150 miles from In-dianapolis is to obviate the necessity of

* the market administrator's traveling un-necessarily great distances to verify theutilization of such product which It isreasonable to presume has been utilizedin Class I. Further, it is generally im-practical, because of the transportationcosts involved, to move milk or skim milkmore than 150 miles from a pool plantfor other than Class I utilization;

(4) Current experience in the marketindicates that very little, if any, milk orskim milk is moved, for Class I utiliza-tion, distances greater than 150 milesfrom a pool plant. The effective date ofOrder No. 125, except for minimumprices, application of provisions and pay-ments for milk, was February 1, 1961.All provisions of the order were effectiveMarch 1, 1961. Hence, with the limitedmarket information now available it isnot now practical or reasonable to holda public hearing at this time on this mat-ter. Since it is- anticipated that onlylimited quantities of skim milk and but-terfat would be moved in the form ofmilk or skim milk distances greater than150 miles from a pool plant for Class Iutilization, it is not unreasonable to re-quire the market administrator to verifythe classification of such shipments untilsuch time as additional facts may war-rant a public hearing to consider revi-sion of this and other provisions of theorder; and

(5) This suspension action has beenrequested by handlers and supported byproducers of a substantial proportion ofthe milk regulated under Order No. 125(Part 1025).

Therefore, good cause exists for mak-ing this order effective as soon aspossible.

It is therefore ordered, That the afore-said provision of the order is hereby sus-pended effective upon publication in theFEDERAL REGISTER.(Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C.601-674)

Issued at Washington, D.C., May 3,1961.*

JAMES T. RALPH,Assistant Secretary.

[F.R. Dce. 61-4207; Filed, May 5, 1961;8:50 a.m.]

Title 14- AERONAUTICS ANDSPACE

Chapter Ill-Federal Aviation Agency

SUBCHAPTER C-AIRCRAFT REGULATIONS

[Reg. Docket No. 729; Amdt. 280]

PART 507-AIRWORTHINESSDIRECTIVES

Lockheed 188 Series'Aircraft

Amendment 175 (25 F.R. 5827) re-quired repetitive track checks at inter-

vals not 'to exceed 120 flight-hours forAeroproducts A6441FN-606 propellerblades installed on Lockheed 188 Seriesaircraft. It has now been determinedfrom examination and analysis of addi-tional data that the interval betweenblade track checks may be extended to255 flight-hours. Accordingly, Amend-ment 175 is amended to extend the inter-val between inspection periods. Sincethis amendment is a relaxation, noticeand public procedure hereon are un-necessary and the amendment will be-come effective upon publication in theFEDERAL REGISTER.

In consideration of the foregoing, andpursuant to the authority delegated tome by the Administrator (25 F.R. 6489),§ 507.10(a) of Part 507 (14 CFR Part507), is hereby amended as follows'

Amendment 175 (25 P.R. 5827) isamended by changing the third sentenceof the second paragraph to read as fol-lows: "This inspection must be repeatedat intervals not to exceed 255 flight-hours."

This amendment shall become effec-tive May 6, 1961.. -(See. 313(a), 601, 603; 72 Stat, 752, 775,776;49 U.S.C. 1354(a), 1421, 1423)

Issued in Washington, D.C., on May 2,1961.

OSCAR BAKKE,Director,

Bureau of Flight Standards.


[Reg. Docket No. 730; Amdt. 281]

PART 507-AIRWORTHINESSDIRECTIVES

Douglas DC-7 and DC-7B Aircraft

Amendment 264,. 26 F.R. 2115, wasissued as applicable to all Douglas DC-7Series aircraft, Fuselage No. 1 to No. 722inclusive. It should have applied to onlyDC-7 and DC-7B aircraft, Fuselage No.1 to No. 720 inclusive. Therefore,Amendment 264 is being amended tocorrect the applicability statement.Since this amendment is a correctionand constitutes a relaxation, notice andpublic procedure hereon are unnecessaryand the amendment will become effec-tive upon publication in the FEDERALREGISTER.

In consideration of the foregoing, andpursuant to the authority delegated tome by the Administrator (25 F.R. 6489),§ 507.10(a) of Part 507 (14 CFR Part507), is amended as follows:

Amendment 264, Douglas DC-7 air-craft (26 P.R. 2115), is amended bychanging the applicability statement toread as follows: "Applies to all DC-7and DC-7B aircraft, Fuselage No. 1 toNo. 720 inclusive, having in access of8,000 hours' time in service."

This amendment shall become effec-tive May 6, 1961.(See. 313(a), 601, 603; 72 Stat. 752, 775, 776;49 U.S.C. 1354(a), 1421, 1423)


Issued in Washington, D.C., on May2,1961.

OSCAR BAKKE,Director,

Bureau of Flight Standards.(F.R. Doc. 61-4182; Filed, May 5, 1961;

8:46 a.m.)

SUBCHAPTER E-AIR NAVIGATIONREGULATIONS

[Airspace Docket No. 61-KC-121

PART 601-DESIGNATION OF CON-TROLLED AIRSPACE, REPORTINGPOINTS, POSITIVE CONTROL ROUTESEGMENTS, AND POSITIVE CON-TROL AREAS

Alteration of Control ZoneThe purpose of this amendment to

§ 601.2061 of the regulations of the Ad-ministrator is to alter the Lincoln, Nebr.,control zone.

The Lincoln control zone is presentlydesignated in part within 2 miles eitherside of the north course of the Lincolnradio range station extending from the5-mile radius zone to a point 12 milesnorth.

The Departments of the Air Force,Navy, and Army have advised the Fed-eral Aviation Agency that this naviga-tional facility is no longer required.Therefore, action is taken herein to re-voke the portion of the Lincoln controlzone based on the north course of theradio range. Additionally, the refer-ence to the Sprague, Nebr., radio beaconis being deleted from the description ofthe control zone. This will not involvethe assignment of additional airspace.

Since this amendment imposes no ad-ditional burden on the public, notice andpublic procedure hereon are unneces-sary and it may be made effective im-mediately.

In consideration of the foregoing, andpursuant to the authority delegated tome by the Administrator (25 F.R. 12582),§ 601.2061 (25 F.R. 4860) is amended toread:§ 601.2061 Lincoln, Nebr., control zone.

Within a 5-mile radius of Lincoln AirForce Base (latitude 40°50'35"1 N., longi-tude 96°45'42" W.); within 2 miles eitherside of the 1950 and the 015' radials ofthe Raymond, Nebr., VORTAC, extend-ing from the 5-mile radius zone to apoint 12 miles NNE of the VOR, andwithin 2 miles either side of the S courseof the Lincoln ILS localizer extenlingfrom the 5-mile radius zone to a point 5miles S of the OM.

This amendment shall become effectiveupon the date of publication in the FED-ERAL REGISTER.

(Sec. 307(a), 72 Stat. 749; 49 U.S.C. 1348)Issued in Washington, D.C., on May 1,

1961.D. D. THOMAS,

Director,Bureau of Air Traffic Management.


[Airspace Docket No. 61-WA-17]

PART 608-SPECIAL USE AIRSPACE

Alteration of Restricted AreasThe purpose of these amendments to

Part 608 of the regulations of the Ad-ministrator is to alter the descriptions ofseveral restricted areas.

On January 28, 1961, a revised Part 608was published in the FEDERAL REGISTERas Airspace Docket No. 60-WA-194 (26F.R. 870). The purpose of that actionwas to renumber restricted areas and todesignate, as appropriate, a controllingagency and/or using agency for eachrestricted area. That action also es-tablished procedures for annual reportson the utilization of restricted areas.ISubsequent to the issuance of Air-space Docket No. 60-WA-194, a reviewof certain restricted area descriptionshas revealed a number of editorial andtypographical errors that are in need ofcorrection. Furthermore, the constantmodification of designated airspace andthe relocation and decommissioning ofnavigational aids have created a needfor modification of the geographicaldescription of certain restricted areas.Action is taken herein to correct thesedeficiencies.

In the near future, upon completionof a further review of all restricted areas,the aim of which will be to simplify andstandardize the descriptions of bounda-ries, times of designation, and designatedaltitudes, a reissuance of Part 608 isplanned.

Since the changes effected by theseamendments are editorial in nature andimpose no additional burden on thepublic, notice and public procedurehereon are unnecessary, and they maybe made effective on less than 30 daysnotice.

In consideration of the foregoing, andpursuant to the authority delegated tome by the Administrator (25 F.R. 12582),the following actions are taken:

1. In § 608.25 California (26 F.R. 874,1094) the following changes are made:

(a) In R-2515 Muroc Lake, Calif., Re-stricted Area, under Boundaries, "thenceto latitude 35'15'56' ' , longitude 116 ° -55'20";" is deleted and "thence to lati-tude 35°15'56", longitude 117°26'(10";thence to latitude 35°15'56", longitude116°55'20";" is substituted therefor.

(b) In R-2520 Point Mugu, Calif., Re-stricted Area, under Boundaries, "P-100"is deleted and "R-2519" is substitutedtherefor; "along the southern boundaryof Oxnard AFB Control Zone" isdeleted.

2. In § 608.29 Florida (26 P.R. 877)the following changes are made:

(a) In R-2901 Avon Park, Fla., Re-stricted Area, Time of designation isamended by deleting "Daylight hoursonly." and substituting therefor "Con-tinuous.".

(b) R-2912 Panama City, Fla., Re-stricted Area is amended to read:

R-2912 Panama City, Pla.:Boundaries. Beginning at l a t I t u. d e

30°43'00" N., longitude 85° 1400" W.; thenceto latitude 29°55'00 N., longitude 84°32'00"


W.; thence to latitude 29°47'00" N., longitude84-40'00 W.; thence to latitude 29°43'45"1 N.,longitude 84°39'00" W.; thence to latitude29*40'00 N., longitude 85'21'36" W.; thenceto latitude 29°41'48" N., longitude 85°21'48"W.; thence to latitude 29'42'00" N., longi-tude 8520'30" W.; thence to latitude 29'50'-30" N., longitude 85'22'30" W.; thence tolatitude 29*50'30" N., longitude 85°23'12"

,

W.; thence to latitude 29°52'24", N., longi-tude 85

°23'24" W.; thence to latitude 29°50'-

10"1 N., longitude 85°28'40" W.: thence 3nautical miles from' and parallel to theshoreline to latitude 30*04'20" N., longitude85°45'45"

' W.; thence to latitude 30°42'00"N., longitude 86*06'00" W.; thence to thepoint of beginning.

Designated altitudes. Surface to flightlevel 400.

Time of designation. Continuous, sunsetto sunrise. Only during Instrument FlightRule conditions from sunrise to sunset.

Using agency. Commander, Tyndall AFB,Fla.

(c) In R-2913 Panama City, Fla., Re-stricted Area, under Boundaries, "theTyndall AFB radio range station at" isdeleted wherever it appears; "excludingthe overlapped portions of the TyndallAFB Restricted Area 183 and the FortRucker, Alabama Restricted Area." isdeleted and "excluding the portions thatcoincide with RP-2912 and R-2916." sub-stituted therefor.

(d) In R-2914 Valparaiso, Fla., Re-stricted Area, under Boundaries, "R-183"is deleted and "R-2912" is substitutedtherefor; "Eglin AFB" is deleted and"Valparaiso, Fla.," is substituted there-for; "bounded on the north by Civil air-way Red No. 30." is deleted and "boundedon the north by a straight line betweenlatitude 30'43'10", longitude 86'27'37"and latitude 30o43'45

' , longitude 86'-10'30"." is substituted therefor.

(e) R-2916 Apalachicola, Fla., Re-stricted Area (formerly R-183A) is addedto read:

P-2916 Apalachicola, Fla.:

FEDERAL REGISTER

Area." is deleted and "point of begin-ning." is substituted therefor.

5. In § 608.37 Kentucky (26 F.R. 879,1662) the following changes are made:

(a) In R-3702 Fort Campbell, Ky.,Restricted Area, under Boundaries,"longitude 87*50'00"; to latitude 36*44'-00", longitude 87*40'00"; point of be-ginning." is deleted and "longitude 87 ° -23'00"; to latitude 36*32'00", longitude.87°50'00"; to latitude 36°44'00", longi-tude 87*50'00"; thence to the point ofbeginning." is substituted therefor.

(b) In R-3703 Fort Campbell, Ky.,Restricted Area, under Boundaries,"longitude 87*25'22"."1 is deleted and"longitude 87025'22"; thence to thepoint of beginning." is substituted there-for.

(c) R-3704 Fort Knox, Ky., RestrictedArea is amended to read:

R-3704 Fort Knox, Ky.:Boundaries. Beginning at lat. 37'59'0"

N., long. 85°45'00" W.; thence to lat.37'47'30" N., long. 85045'00" W.; thence tolat. 37-47'30" N., long. 85055'30" W.; thencealong U.S. Highway 31-W to lat. 37°50'45" N.,long. 85*57'00" W.; thence along Wilson Roadto lat. 37o55'17' N., long. 85*56'46" W.;thence to lat. 37*55'17 N., long. 85'57'16" W.;thence to lat. 3756'04" N., long. 85*57'33"W.; thence to lat. 37056'23" N., long.8557'00" W.; thence along Wilson Road tolat. 37°58'00" N., long. 85*57'45" W.; thencealong the Illinois Central Railroad to-lat.37*590'0" N., long. 85°57'00" W.; thence tolat. 38'01'00" N., long. 8554'30" W.; thencealong Kentucky Route 44 to lat. 3800'30"N., long. 8552'00" W.; thence to lat. 37'-59'00" N., long. 8552'00" W.; thence to thepoint of beginning.

Designated altitudes. Surface to 20,000feet MSL.

Time of designation. Continuous.Controlling agency. Federal Aviation

Agency, Standiford Control Tower, Louis-ville, Ky.

Using agency. Commanding General, U.S.Army Armor Center, Fort Knox, Ky.

Boundaries. Beginning at latitude 29o39'- 6. In § 608.38 Louisiana (26 F.R. 880),30" N., longitude 85o25'25" W.; thence to R-3801 Camp Claiborne, La., Restrictedlatitude 2940'00" N., longitude 85*21'36"

W.; thence to latitude 2943'45" N., longitude Area, Time of designation is amended8439'00" W.; thence 3 nautical miles from by deleting "0800-1800" and substitutingand parallel to the shoreline to the point of therefor "0600 to 1800".beginning.* 7. In § 608.40 Maryland (26 F.R. 880)(Airspace Docket No. 61-WA-17) the following changes are made:

(a) In P-4006 Patuxent, Md., Re-Designated altitudes. Surface to flight stricted Area, under Boundaries, "the

level 400. west boundary of Victor 1 at" is deleted;Time of designation. Continuous. "R- 88" is deleted wherever it appearsUsing agency. Commander, Tyndall AFB, and "R-6609" is substituted th'erefor;

Fla. "R-388" is deleted and "R-6603" is sub-3. In § 608.30 Georgia (26 F.R. 878), stituted therefor; "longitude 76o24'10";"

R-3005 Fort Stewart, Ga., Restricted is deleted and "longitude 76-25'10";' isArea, Boundaries is amended by deleting substituted therefor; "Note: From 3,500"longitude 81'81'30" W.;" and substitu- feet to an unlimited altitude excludingting therefor "longitude 81131'30" W.;". R-39, R-418, R-88, R-41 and excluding

4. In § 608.31 Hawaii (26 F.R. 878) the R-71, below 5,000 feet." is deleted andfollowing changes are made: "Note: From 3,500 feet to an unlimited

(a) In R-3107 Kaula Rock, Hawaii, altitude excluding R-4005,'R-4002, R-Restricted Area, under Boundaries, "A .6609, R-6607 and excluding R-4007, be-circular area with 3"-nautical miles" is low 5,000 feet." is substituted therefor.deletedand "A circular area with a radi- (b) In R-4007 Patuxent, Md., Restrict-us of 3 nautical miles" is substituted ed Area, under Boundaries, "southeasttherefor. to latitude 38°11'10" N., longitude 76'-

(b) In P-3109 Makua, Oahu, Hawaii, 25'10" W.;" is deleted and "southwest toRestricted Area, under Boundaries, latitude 38'11'10" N., longitude 76'25'-"point of beginning, excluding those por- 10" W.;" is substituted therefor.tions overlapping the Mokuleia Restric- 8. In § 608.41 Massachusetts (26 F.R.ted Area and the Kaena Point Caution 881), R-4103 Falmouth, Mass. (Otis

3959

AFB), Restricted Area/Military ClimbCorridor, Designated a 1 t it u d e s isamended by deleting "2,130 feet MSL to27,000 feet MSL from an arc 7 miles toan arc miles northeast of the airport."and substituting therefor "2,130 feetMSL to 27,000 feet MSL from-an arc 7miles to an arc 10 miles northeast of theairport."

9. In § 608.48 Nevada (26 F.R. 882),'R-4806 Tonopah, Nev., Restricted Area,Boundaries is amended by deleting"thence to latitude 36'26'00", longitudel1518'00"; thence to latitude 36126'00",longitude 11518'00"

;" and substituting

therefor "thence to latitude 36°26'00",longitude 115*18'00";".

10. In § 608.51 New Mexico (26 P.R.883) the following changes are made:

(a) In R-5103 McGregor, N. Mex., Re-stricted Area, under Boundaries, "(R-210)" is deleted and "R-5106" is sub-stituted therefor; "parallel to Red 71 air-way" is deleted.

(b) In R-5105 Melrose, N. Mex., Re-stricted Area, under Boundaries, "P-185"is deleted and "R-5104" is substitutedtherefor.

(c) In R-5108 White Sands, N. Mex.,Restricted Area, under Boundaries "No.1 (1P-209), described above," is deletedand "R-5107" is substituted therefor; inthe Time, of designation "controllingagency." is deleted and "the UsingAgency." is substituted therefor.

(d) In R-5109 White Sands, N. Mex.,Restricted Area, in the Time of designa-tion "controlling agency." is deleted and"the Using _ Agency." is substitutedtheref or.

11. In § 608.52 New York (26 F.R.884), R-5201 Camp Drum, N.Y., Re-stricted Area, Boundaries is amended bydeleting "Southwest to latitude 44°11'-15" N., longitude 75°25'00" W.;" and sub-stituting therefor "Southeast to latitude44°11'15 ' t N., longitude 75°25'00" W.;".

12. In § 608.53 North Carolina (26P.R. 884) the following changes aremade:

(a) In R-5306 Cherry Point, N.C., Re-stricted Area, under Boundaries, "thenceclockwise along this are4" is deleted and"thence clockwise along this arc" is sub-stituted therefor; under Using Agency"Commanding Officer," is deleted and"Commanding General," is substitutedtherefor.

(b) In P-5307 Cherry Point, N.C., Re-stricted Area, under Using Agency"Commanding Officer," is deleted and"Commanding General," is substitutedtherefor.

13. In § 608.55 Ohio (26 F.R. 885),R-5504 Wilmington, Ohio, RestrictedArea, Boundaries is amended by deleting"(R-543) ." and - substituting therefor"R-550l.".

14. In § 608.57 Oregon (26 F.R. 886),R-5703 Portland, Oreg. (Portland Inter-national Airport), Restricted Area/Mili-tary Climb Corridor is amended to read:

P-5703 Portland, Oreg. (Portland Interna-tional Airpbrt), Restricted Area/MilitaryClimb Corridor:

Boundaries. That area centered on theback course of the Portland ILS localizer,extending from 5 miles SE of the airport(latitude 45135'11" N., longitude 122°35'53"


W.) to a point 32 miles SE of the airport,having a width of 2 miles at the beginningand expanding to a width of 4.6 miles at theouter extremity.

Designated altitudes:2,000 feet MSL to 15,000 feet MSL from 5

miles SE of the airport to 6 miles SE of theairport.

2,000 feet MSL to 24,000 feet MSL from 6to 7 miles SE of the airport.




15,000 feet MSL to 27,000 feet MSL from20 to 25 miles SE of the airport.


Time of designation. Continuous.Controlling agency. F e d e r a 1 Aviation

Agency, Portland Control Tower.Using Agency. Commander, 406th Fighter

Interceptor Squadron, Portland, Oreg.

15. In § 608.58 Pennsylvania (26 F.R.886), R-5802 Indiantown Gap, Pa., Re-stricted Area, Boundaries is amendedby deleting "Beginning at latitude 40"-28'45" N., longitude 76o35'301, W.," andsubstituting therefor "Beginning at lati-tude 40028'45" N., longitude 76°35'30"W.; thence to latitude 40126'05" N.,longitude 76°35'30" W.;".

16. In § 608.60 South Carolina (26F.R. 886), R-6003 Charleston, S.C., Re-stricted Area/Military Climb Corridor,the caption is amended by deleting"Charleston, S.C., Restricted Area/Mili-tary Climb Corridor." and substitutingtherefor "Charleston, S.C. (CharlestonAFB/Municipal Airport), RestrictedArea/Military Climb Corridor."

17. In § 608.66 Virginia (26 F.R. 888)the following changes are made:

(a) R-6602 Camp Pickett, Va., Re-stricted Area is amended to read:

R-6602 Camp Pickett, Va.:Boundaries. Beginning at latitude 37*04'-

30" N., longitude 77°54'00" W.; along High-way No. 40 to latitude 37o03'30 '" N., longi-tude 77'50'00" W.; to latitude 37'01'00",

N.,longitude 77*50'00" W.; to latitude 36°59'30"N., longitude 77°51'30" W.; along the Notto-way River to latitude 36°59'00" N., longitude77°55'30" W.; to latitude 37*02'15" N., lon-gitude 77'55'30" W.; counterclockwise alongthe arc of a circle with a radius of 3 milescentered at latitude 37°04'00" N., longitude77-57'30" W., to the point of beginning.

Designated altitudes. Surface to 22,000feet MSL.

Time of designation. Continuous.Using agency. Commanding General, Sec-

ond United States Army, Fort Meade, Md.

(b) In 1-6603 Chesapeake Bay, Va.,Restricted Area, under Boundaries, "R-88" is deleted and "R-6609" is substitutedtherefor; under Time of designation,"Daylight and darkness, 7 days a week."is deleted and "Continuous." is substi-tuted therefor.

18. In § 608.67 Washington (26 F.R.889, 2285), R-6714 Yakima, Wash., Re-stricted Area, Using agency is amendedby deleting "Commanding Officer, Yak-ima Firing Center, Wash." and sub-stituting therefor "Commanding Gen-eral, Fort Lewis, Wash.".

These amendments shall become effec-tive upon date of publication in theFEDERAL REGISTER.

(Sec. 307(a), 72 Stat. 749; 49 U.S.C. 1348)

Issued in Washington, D.C., on May1, 1961.

D. D. THOMAS,Director,

Bureau of Air Traffic Management.


Title 16-COMMERCIALPRACTICES

Chapter I-Federal Trade Commission[Docket 7396 o.]

PART 13-PROHIBITED TRADEPRACTICES

American News Co. and Union NewsCo.

Subpart-Discriminating in priceunder section 5, Federal Trade Commis-sion Act: § 13.892 Knowingly inducingor receiving discriminating payments.

(Sec. 6, 38 Stat. 721: 15 U.S.C. 46. Interpretor apply sec. 5, 38 Stat. 719, as amended; 15U.S.C. 45) [Cease and desist order, AmericanNews Company, et al., New York, N.Y.,Docket 7396, January 10, 1961]

In the Matter of American News Com-pany, The Union News Company,Corporations

with the Commission a report, in writing,setting forth in detail the manner andform in which they have complied withthe order to cease and desist.

Issued: January 10, 1961.

By the Commission.

[SEAL] ROBERT M. PARRIS]E,Secretary.

[F.R. -Doc. 61-4185; Filed, May 5, 1961;8:46 a.m.]

[Docket 8065 c.o.]


Elliott W. Sassbender, Sr., et al.Subpart-Discriminating in price un-

der section 2, Clayton Act-payment oracceptance of commission, brokerage orother compensation under 2(c) : § 13.820Direct buyers.(See. 6, 38 Stat. 721; 15 U.S.C. 46. Inter-prets or applies sec. 2, 49 Stat. 1527; 15 U.S.C.13) [Cease and desist order, Elliott W. Sass-bender, Sr., et al. doing business as J. Segari &Co., etc., New Orleans, La., Docket 8065,January 6, 19611

In the Matter o1 Elliott W. Sassbender,Sr., and Joseph 0. Segari, Individuallyand as Copartners Doing Business asJ. Segari & Co., and Market Place

Order requiring the nation's largest -roauce Companyretail newsstand operator to cease vio- Consent order requiring members of alating section 5 of the Federal Trade partnership in New Orleans, La., to ceaseCommission Act by knowingly inducing violating section 2 (c) of the Clayton Act,or receiving discriminatory promotional by accepting brokerage or a discount inallowances from publishers of miagazines lieu thereof-usually at the rate of 10it sold, which approximated $890,000 in cents per 1% bushel box or equivalent,1958, and which were not paid at any or a lower price reflecting said commis-proportionally equal rate to a single re- sion-on purchases of citrus fruit fortail competitor. their own account from Florida packers.

The order to cease and desist is as The order to cease andx desist is asfollows: follows:

It is ordered, That the respondents, It is ordered, That respondents ElliottThe American News Company and The W. Sassbender, Sr., and Joseph 0. Segari,Union News Company, corporations, individually and as copartners doingtheir officers, employees, agents or repre- business as J. Segari & Co. and Marketsentatives, directly or through any Place Produce Company, and, theircorporate or other device, In or in con- agents, representatives, and employees,nection with the purchase in commerce, directly or through any corporate, part-as "commerce" is defined in the Federal nership, sole proprietorship, or otherTrade Commission Act, of products for device, in connection with the purchaseresale on newsstands operated by re- of citrus fruit or other food products inspondents, do forthwith cease and desist commerce, as "commerce" is defined infrom: Inducing, receiving or contracting the aforesaid Clayton Act, do forthwithfor the receipt of anything of value from cease and desist from: Receiving or ac-any of their suppliers as compensation cepting, directly or indirectly, from anyor in consideration for services or facili- seller, anything of value as a commission,ties furnished by or through respondents brokerage, or other compensation, or anyin connection with the processing, han- allowance or discount in lieu thereof,dling, sale or offering for sale of products upon or in connection with any purchasepurchased from any of their suppliers, of citrus fruit or other food products forwhen respondents know or should know respondents' own account, or where re-that such compensation or consideration spondents are the agents, representa-is not affirmatively offered or otherwise tives, or other intermediaries acting formade available by such suppliers on pro- or in behalf, or are subject to the directportionally equal terms to all of their or indirect control, of any buyer.other customers competing with re-spondents in the sale and distribution By "Declslon of the Commission", etc.,of such suppliers' products, report of compliance was required asfollows:

By "Final Order", report of compli- It is ordered, That respondents Elliottance was required as follows: W. Sassbender, Sr., and Joseph 0. Segari,

It is further ordered, That the re- individually and as copartners doingspondents shall, within sixty (60) days business as J. Segari & Co. and Marketafter service upon them of this order, file Place Produce Company, shall, within

3960


sixty (60) days after service upon themof this order, file with the Commission areport in writing, setting forth in detailthe manner and form in which they havecomplied with the order to cease anddesist.


By the Commission.

[SEAL] ROBERT M. PARRISH,

Secretary.


[Docket 8109 c.o.] -


Rough Wear Clothing Co., Inc., et al.

Subpart-Misbranding or mislabeling:§ 13.1185 Composition: § 13.1185-90 WoolProducts Labeling Act. Subpart-Neg-lecting, unfairly or deceptively, to makematerial disclosure: § 13.1852 Formalregulatory and statutory requirements:§ 13.1852-80 Wool Products Labeling Act.

(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpretor apply sec. 5, 38 Stat. 719, as amended,secs. 2-5, 54 Stat. 1128-1130; 15 U.S.C. 45,68) [Cease and desist order, Rough WearClothing Company, Inc., et al., Middletown,Pa., Docket 8109, January 6, 1961]

In the Matter of Rough Wear ClothingCompany, Inc., a Corporation, andMeyer S. Jacobs and Edward Guiter-man, Individually and as Officers OfSaid Corporation

Consent order requiring manufactur-ers in Middletown, Pa., to cease violat-ing the Wool Products Labeling 'Act bylabeling interlinings of men's jackets as"100% Reprocessed Wool" when theycontained a substantial amount of non-woolen fibers, and by failing to labelother wool products as required.

The order to cease and desist is asfollows:

It is ordered, That* respondent, RoughWear Clothing Company, Inc., a cor-poration, and its officers, and Meyer S.Jacobs and Edward- Guiterman, indi-vidually and as officers of said corpora-tion, and respondents' agents, represent-atives and employees, directly or throughany corporate or other -device, in con-nection with the introduction or manu-facture for introduction into commerce,or the offering for sale, sale, transporta-tion, or distribution in commerce, as"commerce" is defined in the FederalTrade Commission Act and the WoolProducts Labeling Act, of clothing con-taining interlinings or 'other wool prod-ucts, as "wool products" are defined inand subject to the Wool Products Label-ing Act, do forthwith- cease and desistfrom misbranding such products by: 1.Falsely or deceptively stamping, tagging,labeling or identifying such products asto the character or amount of the con-,stituent fibers contained therein.

2. Failing to affix labels to such prod-ucts showing each element of informa-tion required to be disclosed by section4(a) (2) of the Wool Products LabelingAct of 1939. 0

By "Decision of the Commission", etcreport of compliance was requiredfollows: -

It is ordered, That respondents RougWear Clothing Company, Inc., -a corp(ration, and Myer S: Jacobs and EdwarGuiterman, individually and as officeiof said corporation, shall, within sixi(60) days after service upon themthis order, file with the Commission a r(port in writing, setting forth in detathe manner and form in which they haicomplied with the order to cease andesist.


By the Commission.

[SEAL]

ts

h

*d

rsty

reil

Ld

ROBERT M. PARRISH,Secretary.


Title 24-HOUSING ANDHOUSING CREDITChapter I-Federal Housing Ad-

ministration, Housing and HomeFinance Agency

SUBCHAPTER A-GENERAL

PART 200-INTRODUCTION

Subpart D-Delegations of BasicAuthority and. Functions

MISCELLANEOUS AMENDMENTS

In Part 200 the pertinent section head-ing in the Table 'of Contents is amendedto read as follows:Sec.200.77 Assistant Commissioner-Comptroller,

and Deputy.

In § 200.68 paragraph (a) is amendedto read as follows:

§ 200.68 Assistant Commissioner forAdministration and Deputy.

(a) To be responsible for a compre-hensive program of administrative man-agement and services, comprising all per-sonnel policy, procedures and activities;organizational structures and relatedmatters; all budget activities; contract-ing procurement, supply, printing, spacemanagement, library, and other officeservices; management surveys; formsand records management; coordinationand maintenance of the FHA Manual, di-rectives and other issuances and instruc-tional material; and to be in charge ofthe Personnel Division, the Budget Divi-sion, the General Services Division, andthe Management Division.

Section 200.72 is amended by addingparagraph (f) as follows:

§ 200.72 Director of the ManagementDivision.

(f) To coordinate and maintain theFHA Manual, directives and other issu-ances and instructional material.

In § 200.77 the introductory text isamended to read as follows:

§ 200.77 Assistant Commissioner-Comp-troller, and Deputy.

To the position of Assistant Commis-sioner-Comptroller, and under his gen-eral supervision to the position ofDeputy Assistant Commissioner-Comp-troller, there is delegated the followingbasic authority and functions:


§ 200.85 Executive Board..

(a) Members. The committee calledthe Executive Board -is comprised ofthe following members: Commissioner,Chairman; Deputy Commissioner (Op-erations) and Deputy Commissioner(Administration), Vice Chairmen; Gen-eral Counsel; Assistant Commissioner forField Operations; Assistant Commis-sioner for Multifamily Housing Opera-tions; Assistant Commissioner forTechnical Standards; Assistant Commis-sioner for Programs; Assistant Commis-sioner for Audit and Examination;Assistant Commissioner for Administra-tion; and Assistant Commissioner-Comptroller.


§ 200.87 Management ImprovementCommittee.

(a) Members. The Management Im-provement Committee is comprised of"the following members: Director of Man-agement Division, Chairman; Directorof Personnel, Vice Chairman; and onedesignee of each of the following: Assist-ant Commissioner-Comptroller; Assist-ant Commissioner for Multifamily Hous-ing Operations; Assistant Commissionerfor Technical Standards; Assistant Com-missioner for Field Operations; andDirector of Budget Division.

In § 200.88 paragraph (b) (4) isamended to read as follows:

§ 200.88 Property Management Com-mittee.

(b) Functions * * *

(4) This committee shall meet at thecall of the Chairman and shall maintainminutes of each meeting. Such minutesshall be dated, consecutively numberedand shall be signed by each memberwho attended the meeting. The origi-nal of such minutes shall be retained bythe Assistant Commissioner-Comptrol-ler, in the official FHA records.

In § 200.89 paragraphs (a) (1) and(c) are amended to read as follows:

§ 200.89 Substantial Compliance Com-mittee.

(a) Members. (1) The SubstantialCompliance Committeeis comprised ofthe following members: Assistant Com-missioner-Comptroller, -Chairman; As-sistant Commissioner for Administra-tion; Assistant Commissioner for Pro-grams; Assistant Commissioner for Field

FEDERAL REGISTER 3961


Operations; and the General Counsel, ortheir designees.

(c) Minutes. This committee shallmeet at the call of the Chairman andshall maintain minutes of each meeting.Such minutes shall be dated, consecu-tively numbered and shall be signed byeach member who attended the meeting.The original of such minutes shall beretained by the Assistant Commissioner-Comptroller, in the official FHA records.

In § 200.90 paragraphs- (a) and (c)are amended to read as follows:

§ 200.90 Finance Committee.

(a) Members. The Finance Commit-tee is comprised of the following mem-bers: Director, Research and StatisticsDivision, Chairman; Assistant Commis-sioner-Comptroller, and the DeputyGeneral Counsel.

(c) Minutes. The Finance Commit-tee shall meet at the call of the Chair-man and shall maintain minutes of eachmeeting. The minutes shall be dated,consecutively numbered and shall besigned by each member who attendedthe meeting. The original of the min-utes shall be retained by the AssistantCommissioner-Comptroller, in the offi-cial FHA records.(See. 2, 48 Stat. 1246, as amended; see. 211,52 Stat. 23, as amended; sec. 607, 55 Stat. 61,as amended; sec. 712, 62 Stat. 1281, asamended; sec. 907, 65 Stat. 301, as amended;see. 807, 69 Stat. d51, as amended; 12 U.S.C.1703, 1715b, 1742, 1747k, 1748f, 1750f)

Issued at Washington, D.C., May 2,1961.

NEAL J. HARDY,Federal Housing Commissioner.


Title 32--NATIONAL DEFENSEChapter V-Department of the Army

SUBCHAPTER B-CLAIMS AND ACCOUNTS

PART 538-ALLOTMENTS OF PAY

Class Q Allotments

In § 538.13, revise paragraphs (b),(c), and (n), to read as follows:

§ 538.13 Class Q allotments.

(b) Initiating or increasing-Cl) Ini-tiating. The allotment required for anymonth will be based upon the lowest rateof basic allowance for quarters to whichthe member is entitled and the lowestpay grade in which the member is serv-ing during such month; however, nocharge in allotment will be made for suchmonth to meet this requirement.

(2) Increasing. If a member is pro-moted or acquires a dependent after thefirst day of the month, he will be creditedwith the applicable amount for basic al-lowance for quarters for such period, but

no change in allotment is required forthat month; however, if the change re-sults in an increase in the amount of theclass Q allotment requirement, a newclass Q allotment will be required, effec-tive the first day of the following monthin an applicable amount. If a memberacquires a dependent on the first day ofthe month, or is promoted effective onthe first day of the month, or both, theapplicable increase in the minimumamount required to be allotted must beeffective for such month instead of thefirst of the succeeding month. If the newdependent is also a new allottee and theallotment requirement is apportionedamong the allottees, the applicable in-crease of basic allowance for quartersonly will be authorized for payment tothe new allottee for any retroactive pe-riod for which payment has been made tothe other allottee. The apportionmentof the allotment requirement will be ef-fective as of the first of the month inwhich the document is prepared providedthat the form can be submitted to reachAllotments and Deposits Operations bythe 10th day of the month. If this isnot practicable, the apportionment willbe made effective as of the first of thefollowing month.

(3) Allotment more than required. Ifan enlisted member desires to allot morethan the amount required herein to thesame payee or payees, he will do so byincreasing his class Q allotment to theamount he desires, not to exceed hisbasic pay. The applicable rate of basicallowance for quarters will not beaffected.

(c) Discontinuing or decreasing-(l)General. A retroactive discontinuanceor reduction will not be'processed if pay-ment of the allotment has been made tothe allottee. Any necessary adjustmentwill be made in the member's pay ac-count. The total class Q allotment of anenlisted member must not be less thanthe amount of the class Q allotment re-quired by the Dependents Assistance Actof 1950 to be established, except as statedin paragraph (f) of this section. Theallotment may not be reduced to anamount less tham that required eventhough such allotment when convertedto foreign currency exceeds the actualrequirement.

(2) Discontinuing or decreasing. Ifa member is demoted, loses a dependent,apportions the class Q allotment, or is.assigned quarters, the class Q allotmentform necessary to reduce or discontinuethe allotment will be made effective atthe end of the preceding month, pro-vided that such forms can be submittedto reach Allotments and Deposits Opera-tions by the 20th day of the month. Ifthis is not practicable, the forms will bemade' effective at the, end of the monthin which the change in status occurs, orthe forms are prepared.

(n) Member in excess leave status.Payment of the class Q allotment to thedependent will be continued in the fullamount for 2 months following themonth in which excess leave commences.

[C38, AR 37-104, Apr. 16, 1961] (Sec. 3012,70A Stat. 157; 10 U.S.C. 3012)

R. V. LEE,Major General, U.S. Army,

The Adjutant General.


Title 33 -NAVIGATION ANDNAVIGABLE WATERS

Chapter II-Corps of Engineers,Department of the Army

PART 203-BRIDGE REGULATIONS.

St. Lucie Canal, Fla.

Pursuant to the provisions of section5 of the River and Harbor Act of August18, 1894 (28 Stat. 362; 33 U.S.C. 499),§ 203.439 is hereby prescribed to governthe operation of the Seaboard Air LineRailroad Company bridge across St.Lucie Canal near Indiantown, Florida,effective 30 days after publication in theFEDERAL REGISTER, as follows:

§ 203.439 St. Lucie Canal, Fla.; Sea-board Air Line Railroad Companybridge near Indiantown.

(a) The owner of or agency control-ling the bridge shall not be required tokeep a drawtender in constant attend-ance or to open the drawspan betweenthe hours of 8:00 p.m., and 6:00 a.m.,except as provided in paragraph (b) ofthis section.

(b) Owners and, operators of vesselsunable to pass under the bridge in aclosed position are urged to scheduletheir trips to pass the bridge betweenthe hours of 6:00 a.m., and 8:01) p.m.The drawspan will be opened betweenthe hours of 8:00 p.m., and 6:00 a.m.,however, for the passage of commercialtows when it can be shown that the pas-sage could not be scheduled during regu-lar hours of operation without extremeinconvenience and 'added cost: Provided,That at least 3 hours' advance notice ofthe time at which such opening will be-required is given to the Chief Dispatcher,Seaboard Air Line Railroad Company,Jacksonville, Florida.

(c) The owner of or agency control-ling the bridge shall keep conspicuouslyposted on both sides of the bridge, insuch manner that they can easily be readat any time, signs setting forth thesalient features of the regulations andthe current telephone number of the au-thorized representative specified in para-graph (b) of this section, and shall keepthe Area Engineer, Corps of Engineers,Clewiston, Florida and the Locktenderat St. Lucie Lock notified of the currenttelephone number.

[Regs. Apr. 24, 1961, 285/91 (St. Lucie Canal,Fla.)-ENGCW-O] (See. 5, 28 Stat. 362; 33U.S.C. 499)

R. V. LEE,Major General, U.S. Army,

The Adjutant General.

[F.R. Doc. 61-4177; 'Filed, May 5, 1961;8:45 a.m.]

3962

NoticesPOST OFFICE DEPARTMENTCITIZENS' STAMP ADVISORYCOMMITTEE

Establishment and Appointment ofMembers

The following is the text of the Head-quarters Circular No. 61-11, of the Post-master General, dated April 28, 1961:

I. Purpose. To establish and appointan eleven member Post Office Depart-ment Citizens' Stamp Advisory Commit-tee. This Committee will make availableto the Post Office Department breadthof judgment and depth of experience innumerous areas of competence whichinfluence the subject matter, characterand beauty of postage stamps.

11. Appointments to Committee. Thefollowing are hereby appointed as mem-bers of the Post Office DepartmentCitizens' Advisory Committee to servefor a period of one year:Bruce Catton, Bethesda, Md., and New York,

N.Y..John Walker, Washington, D.C. (National

Gallery of Art).Norman Todhunter, New York, N.Y.Donald R. McLeod, Chevy Chase, Md. (Bu-

reau of Engraving & Printing). -George W. Brett, Washington, D.C. (Depart-

ment of the Interior).David Lidman, New York, N.Y.Dr. James J. Matejka, Jr., Chicago, Ill.Robert W. Baughman, Liberal, Kans.Roger-Kent, San Francisco, Calif.John Maass, Philadelphia, Pa.William Posner, Rochester, N.Y.

III. Compensation and travel allow-ances. A. Members of the Committee ap-pointed from private life shall each re-ceive compensation of $48.00 per diemwhen engaged in duties as members ofthe Committee (including travel time toand from their homes or regular placesof business). All members shall be al-lowed reimbursement for travel expensesand per diem at the rate of $12.00 a dayin lieu of subsistence in accordance withthe Standardized Government TravelRegulations for time spent away fromtheir homes as members of the Commit-tee.

B. No member of the Committee willreceive personal benefit from paymentfor stamp designing.

IV. Meetings of' Committee. TheCommittee shall meet upon the requestof the Postmaster General, Order num-bers 56304, dated March 21, 1957 (22 F.R.1996), 57038, dated December 22, 1959(25 P.R. 22) of the Postmaster Generalare hereby rescinded.(R.S. 161, as amended, sec. 15, 60 Stat. 810, asamended, secs. 501, 2501, 2504, 2505, 74 Stat.580, 605, 606 (Pub. Law 86-682); 5 U.S.C. 22,55a, 39 U.S.C. 501, 2501, 2504, 2505)

[SEAL] Louis J. DOYLE,General Counsel. -


DEPARTMENT OF THE -INTERIORBureau of Land Management

ALASKA

Transfer of Jurisdiction of InterestAPRIL 27, 1961.

By virtue of the authority contained insection 7 of the Public Works Act ofAugust 24, 1949 (63 Stat. 629; 48 U.S.C.486e), as amended August 30, 1957 (71Stat. 515; 48 U.S.C. 486c), and pursuantto Departmental Order 2567 (15 F.R.3988) and Bureau of Land ManagementOrder 541, section 3.9(u)(5) (19 F.R.2473), it is ordered as follows:

Jurisdiction of interest in and to thefollowing described lands is herebytransferred to the Office of Territories,Alaska Public Works, Department of theInterior:

Block 17, U.S. Survey 1127, Nenana Town-site, Alaska.

In any subsequent conveyance whichmay be made of the lands to a publicbody under authority of the Act ofAugust 24, 1949, as amended, supra,' theinstrument. of conveyance shall containa provision reserving a right-of-way forditches and canals under authority ofthe United States, and reserving also tothe United States:

(1) All mineral deposits in the landsconveyed, together with the right to mineand remove same under applicable lawsand regulations as the Secretary mayprescribe;

(2) A provision for the reversion tothe United States, during a period of nolonger than twenty-five years from thedate of such instrument, of title to theconveyed land upon a finding by theSecretary that the land has not beenused by the grantee or its successor forthe purpose for which it was conveyedfor a period of five years or such lesserperiod as the Secretary may specify inthe conveyance;

(3) A right-of-way for-the construc-tion of railroads, telegraph and telephonelines in accordance with the Act ofMarch 12, 1914, (38 Stat. 305; 48 U.S.C.301-302, 303-308);

(4) Such other reservations, cove-nants, terms and conditions as the Sec-retary may prescribe in the conveyance.

DANIEL A. JONES,Manager.


ALASKA

Transfer of Jurisdiction of Interest

APRIL 27, 1961.By" virtue of the authority contained

in section 7 of the Public Works Act ofAugust 24, 1949 (63 Stat. 629; 48 U.S.C.486e), as amended August 30, 1957 (71

Stat. 515; 48 U.S:C. 486c), and pursuantto Departmental Order 2567 (15 F.R.3988) and Bureau of Land ManagementOrder 541, section 3.9(u)(5) .(19 P.R.2473), it is ordered as follows:

Jurisdiction of interest in and to thefollowing described lands is herebytransferred to the Office of Territories,Alaska Public Works, Department of theInterior:

Block 19, U.S. Survey 2760 A&B Fort YukonTownsite, Alaska

In any subsequent conveyance whichmay be made of the lands to a publicbody under authority of the Act ofAugust 24, 1949, as amended, supra, theinstrument of conveyance shall containa provision reserving a right-of-way forditches and canals under authority of theUnited States, and reserving also to theUnited States:

(1) All mineral deposits in the landsconveyed, together with the right to

.mine and remove same under applica-ble laws and regulations as the Secretarymay prescribe;

(2) A provision for the reversion to theUnited States, during a period of nolonger than twenty-five years from thedate of such instrument, of title to theconveyed land upon a finding by theSecretary that the land has not beenused by the grantee or its successor forthe purpose for.which it was conveyedfor a period of five years or such lesserperiod-as the Secretary may specify inthe conveyance;

(3) A right-of-way for the construc-tion of railroads, telegraph and tele-phone lines In accordance with the Actof March 12, 1914 (38 Stat. 305; 48 U.S.C.301-302, 303-308);

(4) Such other reservations, cove-nants, terms and conditions as the Sec-retary may prescribe in the conveyance.

DANIEL A. JONES,Manager.


Office of the Secretary.fOrder No. 2856]

BONNEVILLE POWERADMINISTRATION

Negotiation of Contracts for Personalor Professional Services

SECTION 1. Delegation. The BonnevillePower Administrator is authorized, sub-ject to section 2 of this order, to exercisethe authority delegated by the Adminis-trator of General Services to the Secre-tary of the Interior (24 F.R. 1921) tonegotiate, without advertising, under sec-tion 302(c)(4) of the Pederal Propertyand Administrative Services Act of 1949,as amended (41 U.S.C. 252 et seq.), con-tracts for professional services for in-dustrial, economic, engineering and re-lated studies necessary to carry out the

3964

power planning and power marketingactivities of the Bonneville Power Ad-ministration.

SEC. 2. Exercise of authority. The au-thority delegated by section 1 of thisorder shall be exercised in accordancewith the applicable limitations in theFederal Property and AdministrativeServices Act of 1949, as amended, and inaccordance with applicable policies, pro-cedures and controls prescribed by theGeneral Services Administration and theDepartment of the Interior. The au-thority delegated by this order does notinclude authority to make advance pay-ments under section 305 of the act.

SEC. 3. Redelegation. The BonnevillePower Administrator may, in writing, re-delegate or authorize written redelega-tion of the authority granted in section1 of this order to a subordinate official oremployee. Each such redelegation ofthis authority shall be published in theFEDERAL REGISTER.

STEWART L. UDALL,Secretary of the Interior.

APRIL 26, 1961.

[F.P.. Doe. 61-4188; Filed, May 5, 1961;8:47 a.m.]

DEPARTMENT OF AGRICULTUREAgricultural Research Service

CERTAIN HUMANELY SLAUGHTEREDLIVESTOCK

Identification of Carcasses

Pbrsuant to section 4 of the Act ofAugust 27, 1958 (7 U.S.C. 1904) and thestatement of policy thereunder in 9 CFR181.1 (25 F.R. 5863) the following tablelists the establishments operated underFederal inspection under the Meat In-spection Act (21 U.S.C. 71 et seq.) whichwere officially reported on April 1, 1961,as humanely slaughtering and handlingon that date the species of livestock re-spectively designated for such establish-ments in the table, Establishmentsreported after April 1, as using humanemethods on April 1, or a later date inApril will be listed in a supplementallist. Previously published lists repre-sentbd establishments reported in Marchor April 1961 as humanely slaughteringand handling the designated species oflivestock on March 1 or some later datein March 1961 (26 F.R. 2531, 3001, 3329,and 3652). The establishment numbergiven with the name of the establish-ment is branded on each carcass of live-stock inspected at that establishment.The table should not be understood toindicate that all species of livestockslaughtered at a listed establishment areslaughtered and handled by humanemethods unless all species are listed forthat establishmnent. in the table. Norshould the table be understood to indi-cate that the affiliates of any listedestablishment use only humane methods:

NOTICES

Name of establishments EstablishmentNo. Cattle Calves Sheep Goats wine Horses

Armour and Co .... .---------------- 2AD --------------Do .. . .....------------------.----- 2AT ----------Do ---------------------------------- 2B ----------------Do -------- ------- _----------- ..... 20 ----------------Do ---------------------------------- 2E ----------------Do ----------------------------------- 2F --...........Do -----------------------............ 2U-- -------------Do ---------------- --- _----------- 2LT .............Do ----------------------------------- 2SD --------------Do-----------------------. 2WN -

Swift and Co--- --------------- -3A .Do ---------.------------------------- 3AC --------------Do --------------------------------- 3AE --------------

'Do ----------------------------------- 3AF --------------Do-.. . . ..--------------------------- 3AN .-------Do ----------------.--------------- 3AW --------------Do ---------------------------- ----- 3B ----------------Do ----------------------------------- 3C ---............Do ----------------------------------- 3CC..........1)o .....------------ ------------- 3D --------- ------Do ----------------------------------- 3E ---------------Do ----------------------------------- 3F ----------------DO ---------------------------------- 3FFDo -------------------------------- K -. . . .Do --- . ...----------.----------------- 3L.Do-------------------------------I3N--------Do ---- . . . ..---------------------------3R 3 -..............1)--0 ----------------------------- I3S--------------Do ------------ _.---------------T 3T --------------Do --------------.------------------ 3UU --------------Do --------------------------------- 3W ----------------Do ---- 3--............----------....-----------------Do --------- ---------------------- 60. .-----------

Lykes Bros. Inc. of Georgia ---- -------- 8 -----------------The Cudahy Packing Co ----.----------- 10 - ..........Hygrade Food Products Corp .. ---------- 12 ------------

Do---. 1---------------------------2A ...........D o ----------------..-----------------. 12C ---------------Do ---- ....--------------------------- 12) ------------Do ----------------------------------- 120 ---------------Do ----------------------------------- 12P --------------

Mickelberrys Food Products Co -------- 16 ---------------..John Morrell and Co --------------------- 17 -----------------

Do --------------------------- 17A ...........Do ----------------------- ----------- 17D...........

The Cudahy Packing Co ----------------- 19 -----------------The Cudahy Packing Co. of Nebraska ---- 19E ---------Wilson and Co., Inc --- ...----------------- A -20A ............

Do ---------------------------- ------ 20N ---------------Do ----------------------------------- 20Q --------------Do ----------------------------------- 20Y --------------

Brander Meat Co ------------ _------- 25 ...............American Packing Co -------------------- 26 -----------......The Sperry and Barnes Co ------------- 27C ..............Patrick Cudahy Inc-----------------18............Kreinbrg and Krasny, Inc ---- 1------------ 30 ...............Roegelein Provision Co ------------------ 32 ----------------Armour and Co -------------------------- 35 ----------------Montana Packing Co., Inc --------------- 37 ---------------Pocomoke Provision Co ----------------- 39 -----------Armour and Co --------.---------------- 40 -----------------Sunnyland Packing Co ---------------. 43 ---------------Stark Wetzel and Co., Inc --------------- 44 ...............

Do --------------------------------- 44A .............Consolidated Dressed Beef Co., Inc ...... 47 -----------------Lackawanna Beef and Provision Co ------- 49 -----------------Nevada Meat Packing Co -------------- 2--5..............Midwestern Beef, Inc ---.................. 53 -----------------Insel and Insel --------------------------- 8 4 ---------------Sunnyland Packing Co. of Alabama ----- 56 -----------------Glover Packing Co. of Amarillo --------- 60 ---_------------Weiland Packing Co., Inc -------------.... 61 -----------------Malone Packing Co ----------------------. 63............The Quaker Oats Co --------------------- 67E ------------Mincls Wholesale Meats, Inc ----------...- 72 ...............Eastern Packing Co ---------------------- 74E ------.........Armour and Co -------------- ------- 75 -----------------The Braun Brothers Packing Co ---------- 79 ..............City Packing Co ------------------------ 80 -----------------Hill Packing Co -------------------------- SSE ---------------Edgar Packing Co -----.----------------- 84-- -----------Excel Packing Co., Inc ------------------ 86 . .. ..------------The E. Kahns Sons Co ------------------- 89 .................IHygrade Food Products Corp ----------- 90 -----------------Sugardale Provision Co ------------------ 92 ..............Shonyo Packing Co ------------.--------- 93 --------------The Val Decker Packing Co ...---------- 95 ...............--Wi. G. Rehns Sons ------------ ------ 96 ---------------John Engelhorn and Sons -------------- 97 ..............A. Kochs Sons --------------------------- 98 -----------------Armour and Co -----------............ 100 ----------- * ....1I. Graver Co ---------------------------- 103 ---------------Swift and Co ----------------------------- 104 ---------------Wilson and Co., Inc ---------------------- Ill ---.-----------Hoffman Packing Co., Inc --------------- 112 --------........Morris Packing Co ----------.---------- 113 ................West Coast Meat Co., Inc ------------- 117 ----------------Wilson and Co., Inc ----------.. .-------- 119 ----------------E. J. Archie and Sons, Inc .....----------- 122 --...........City Dressed Beef -----.---------------- 121 ---------------Peyton Packing Co ---------------------- 126 ----------------Superior Packing Co ------------ ------ 127., ................John Roth and Son, Inc ------.---------- 130 ---------------

'.Tobin Packing Co., Inc --------........... 133 ----------------Ottawa Packing Ce ------- -- ! -----..... 135 ................

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ATOMIC ENERGY COMMISSION[Docket No. 50-1]

ARMOUR RESEARCH FOUNDATIONOF ILLINOIS INSTITUTE OF TECH-NOLOGY

Notice of Issuance of Facility LicenseAmendment

Please take notice that the AtomicEnergy Commission has issued Amend-ment No. 2, set forth below, to LicenseNo. R-3, as amended, authorizing Ar-mour Research Foundation of IllinoisInstitute of Technology to operate theArmour Research Reactor located inChicago, Illinois at power levels up to 75kilowatts in a stepwise manner as de-scribed in the application for licenseamendment. The Commission has foundthat conduct of the operations in ac-cordance with the terms and conditionsof the license, as amended, will not pre-sent any undue hazard to the health andsafety of the public and will not be inim-ical to the common defense and security.

The Commission has found that priorpublic notice of proposed issuance of thisamendment is not necessary in the publicinterest since operation of the facility asdescribed in the amended applicationwould not present any substantial changein the hazards to the health and safetyof the public from those previously con-sidered and evaluated in connection withthe previously approved operation of thefacility;

In accordance with the Commission'srules of practice (10 CFR, Part 2), theCommission will direct the holding of aformal hearing on the matter of issuanceof the license amendment upon receiptof a request therefor from the licensee oran intervener within 30 days after theissuance of the license amendment. Pe-titions for leave to intervene shall be filedby mailing a copy to the Office of theSecretary, Atomic Energy Commission,Washington 25, D.C., or by delivery of acopy in person to the Office of the Sec-retary, Germantown, Maryland, -or theAEC's Public Document Room, 1717 HStreet NW., Washington, D.C.

For further details see (a) the appli-cation for license amendment by Ar-mour Research Foundation of IllinoisInstitute of Technology and (b) ahazards analysis prepared by the Divi-sion of Licensing and Regulation, bothon file at the Commission's Public Docu-ment Room, 1717 H Street NW., Wash-ington, D.C. A copy of item (b) abovemay be obtained at the Commission'sPublic Document Room, or upon requestaddressed to the.Atomic Energy Commis-sion, Washington 25, D.C., Attention:Director, Division of Licensing andRegulation.

Dated at Germantown, Md., this 1stday of May 1961.

For the Atomic Energy Commission.

R. L. KIRK,Deputy Director, Division of

Licensing and Regulation.

[License No. R-3, as amended; Amdt. 2]1. License No. R-3, as amended, is hereby

further amended to authorize Armour Re-

search Foundation of Illinois Institute ofTechnology (hereinafter referred to as"Armour Research Foundation"). to operatethe Armour Research Reactor at power levelsup to 75 kilowatts in the stepwise mannerand in accordance with the procedures de-scribed in Supplement No. 7 to Report NAA-AER-1135 Rev. 1, submitted with the appli-cation amendment dated January 11, 1961,and in compliance with the conditions con-tained in paragraph 4 of License No. R-3, asamended.

2. Paragraph 4a of License No. R-3, asamended, is amended to read as follows:

a. Armour Research Foundation shall notoperate the facility at power levels in excessof 75 kilowatts until Armour Research Foun-dation has submitted data to substantiatethe safety of operation at higher power levelsand the Commission has authorized suchoperation by further amendment to thislicense.

3. Paragraph 4g is added to License No.R-3, as amended, as follows:

g. Armour Research Foundation shallpromptly submit a written report to theCommission whenever, during operation ofthe reactor subsequent to initial criticality,any of the operating conditions or charac-teristics of the reactor, including those de-scribed in the application, which might af-fect nuclear safety, is observed to vary sig-nificantly from its predicted value.

Date of issuance: May 1, 1961.

For the Atomic Energy Commission.

R. L. KRK,Deputy Director,

Division o/ Licensing and Regulation.


[Docket No. 50-291

YANKEE ATOMIC ELECTRIC CO.

Supplemental Order Adding Issueand Providing for Postponement ofHearing

On April 29, 1961, Yankee Atomic Elec-tric Company (Yankee) filed a requestthat the hearing in this proceeding bepostponed until June 8, 19613 and con-sented to the motion heretofore made bythe Staff to enlarge the issues for con-sideration in this proceeding to includewhether Yankee's Facility License No.DPR-3, as amended, should be furtheramended to increase the maximum au-thorized power level from 392 megawatts(thermal) to 485 megawatts (thermal).

The reason asserted by Yankee for thedate of June 8, 1961, was that it is ex-pected that all ACRS review will havebeen completed by that date. The Staffhas interposed no objection to Yankee'srequest. "

The Presiding Officer finds:1. Good cause exists to enlarge the

issues for consideration in this proceed-ing as requested and to postpone thehearing from May 12, 1961, to June 8,1961.

Wherefore, it is ordered:(A) This proceeding shall convene on

May 12, 1961, as provided in the Noticeof Hearing-issued by the Commission,but solely for the purpose of postponingthe proceeding from that date to 10:00a.m., e.d.t., on June 8, 1961, in the audi-torium of the Headquarters of the AtomicE n 6 r g y Commission, Germantown,Maryland.

(B) The issues prescribed for con-sideration by the Commission in this pro-ceeding are enlarged to include whetherYankee's Facility License No. DPR-3,as amended, should be further amendedto increase the maximum authorizedpower level fr o m 392 megawatts(thermal) to 485 megawatts (thermal).

(C) This order shall be published inthe FEDERAL REGISTER.

Issued: May 1, 1961, Germantown, Md.

SAMUEL W. JENSCH,Presiding Officer.


CIVIL AERONAUTICS BOARD[Docket 7142 etc.]

BUFFALO-TORONTO ROUTE CASE

Notice of Postponement of OralArgument

Notice is hereby given, pursuant to theprovisions of the Federal Aviation Act of1958, as amended, that oral argument inthe above-entitled proceeding now as-signed to be heard on May 17, 1961 ispostponed to May 31, 1961, at 10:00 a.m.,e.d.s.t., in Room 1027, Universal Building,Connecticut and Florida Avenues NW.,Washington, D.C., before the Board.

Dated at ,Washington, D.C., May 4,1961.

[SEAL] FRANCIS W. BROWN,Chief Examiner.

[F.R. Dob. 61-4203; Filed, May 5, 1961;8:49 a.m.]

[Docket 2811 etc.]

FLORIDA-MEXICO CITY SERVICE.CASE

Notice of Oral ArgumentNotice is hereby given, pursuant to the

provisions of the Federal Aviation Act of1958, as amended, that oral argument inthe above-entitled proceeding is assignedto be heard on May 17, 1961, at 10:00a.m., e.d.s.t., in Room 1027, UniversalBuilding, Connecticut and Florida Ave-nues, NW., Washington, D.C. before theBoard.

Dated at Washington, D.C., May 3,1961.

[SEAL] FRANCIS W. BROWN,

Chief Examiner.


DEPARTMENT OF COMMERCEFederal Maritime Board

[Agreement No. 13]

TRANS-ATLANTIC FREIGHT CONFER-ENCE (NEW YORK)

Notice of Proposed Cancellation ofAgreement

Notice is hereby given that cancella-tion of Agreement No. 13, described be-


NOTICES

low, is contemplated inasmuch as suchagreement has been inactive for a con-siderable length of time and the mem-ber lines have advised that they have noobjection to the cancellation thereof:

Agreement No. 13, the Trans-AtlanticFreight Conference (New York), betweenvarious carriers in the Trans-Atlantictrade, deals with matters of local inter-est (New York) with respect to suchtrade.

Any written statements, comments orprotests with respect to the cancellationof this agreement, pursuant to section 15of the Shipping Act, 1916, or request forhearing in connection therewith, may befiled with the Secretary, Federal Mari-time Board, Washington, D.C., within 20days from the date of publication of thisnotice in the FEDERAL REGISTER.

Dated: May 2, 1961;

By order of the Federal MaritimeBoard.

THOMAS LisI,

Secretary.

[F.R. Doe. 61-4193; Filed, May 5, 1961;8:48 a.m. I

FEDERAL AVIATION AGENCY[OE Docket No. 61-KC-33

CONSTRUCTION OF TV ANTENNATOWER

Notice of No Airspace Objection

The Federal Aviation Agency has cir-cularized the following proposal to theaviation industry for comment and hasconducted an aeronautical study to de-,termine its effect upon the utilizationof airspace: The Cornhusker TV Corp.,operator of television station KOLN-TV,Lincoln, Nebraska, proposes to erect atelevision antenna structure near Heart-well, Nebraska, at latitude 40035'20"1north, longitude 98"48'10"" west. Theoverall height of the structure would be3,155 feet above mean sea level (1,075feet above ground).

Positions of no objection were statedby representatives of the aviation in-dustry, conditional upon a determinationthat the proposed structure would haveno adverse effect upon the approved off-airway direct route between Kearney,Nebraska, and Hastings, Nebraska. Theaeronautical study disclosed that theproposed structure would have no ad-verse effect on this direct route or uponother aeronautical operations, proce-dures or minimum flight altitudes.

Therefore, I find that this proposedstructure at the location and mean sealevel elevation specified herein, wouldhave no adverse effect upon aeronauticaloperations, procedures or minimumflight altitudes and conclude that noobjection thereto from an airspace uti-lization standpoint be interposed by theAgency, provided that the structure beobstruction marked and lighted in ac-cordance with applicable rules andstandards.

This finding will be effective upon thedate of its publication in the FEDERALREGISTER.


D. D. THOMAS,Director, Bureau of

Air Traffic Management.


[OF Docket No. 61-LA-10]

CONSTRUCTION OF SPACE NEEDLE

Notice of No Airspace Objection

The Federal Aviation Agency has cir-cularized the -following proposal to theaviation industry for comment and hasconducted an aeronautical study to de-termine its effect upon the utilization ofairspace: The Space Needle Corporation,Seattle, Washington, proposes to erect asteel tower in Seattle, Washington, to beknown as the "Space Needle", at latitude47°37'15" north, longitude 122°20'53 '

west. The overall height of the proposedstructure would be 725 feet above meansea level (600 feet above ground). TheSpace Needle would be a permanentstructure. However, the purpose of itsconstruction is to provide the centraltheme of a World Fair to be held inSeattle from April 1962, to October 1962,titled the "Century 21 Exposition". Thetower would have a 300-seat restaurantat the 500-foot level with an observationdeck above. During the exposition, a50-foot gas flame will be burning atopthe structure and the tower will be flood-lighted from below. In addition, thetower would be painted in brilliant colorand the proponents have agreed to pro-vide obstruction lighting of the towerin accordance with recommended stand-ards of the FAA.

An aeronautical objection was receivedin response to the circularization basedon the structure's proximity to seaplaneoperations at Lake Union. The aero-nautical study by the Agency disclosedthat the proposed structure would belocated approximately 1.5 statute milessouthwest of the Lake Union SeaplaneBase and would penetrate the conicalsurface of the Agency's TSO-N18 cri-teria by approximately 421 feet as ap-plied to that airport. This factor initself is not disqualifying, but indicatesa requirement for aeronautical study.

The Agency study disclosed that thereare three antenna towers extending toa height of 1,011 feet MSL atop QueenAnne Hill which is approximately 4,200feet north of the proposed site. Thesetowers exceed the above criteria by agreater amount than would the pro-posed structure. Three flying servicesoperate at Lake Union. Normally, thewind is from the southwest and aircrafttaking off follow the shore of the laketo exit over the Lake Washington Canalto the northwest, or over' Portage Bayto the east. One operator from the lakedid not object to the structure, but didobject to its height. Another operatorestimated approximately 100 flights peryear would proceed south of Lake Unionnear the Space Needle site. This oper-ator did not believe the structure wouldbe a hazardous obstruction if visible dur-ing the day and lighted at night.

The aeronautical study further sh!owedthat the structure would have no ad-verse effect on instrument flight rulesminimum flight altitudes, instrumentapproaches, missed approaches, or de-parture procedures. There are otherstructures in the area with higher meansea level elevations which control theminimums for these procedures. Thestudy revealed that the structure wouldhave no substantial adverse effect uponaeronautical operations, procedures orminimum flight altitudes.

Therefore, I find that the proposedstructure, at the location and mean sealevel elevation specified herein, wouldhave no substantial adverse effect uponaeronautical operations, procedures orminimum flight altitudes and concludethat no objection thereto from an air-space utilization standpoint be inter-posed by the Agency, provided that thestructure be lighted in accordance withSpecification "A-4" of this Agency's"Standards for Marking and LightingObstructions to Air Navigation".

This finding will be effective upon thedate of publication in the FEDERALREGISTER.


N. . HALABY,

Administrator.

[F.R. Doc. 61-4179; Filed, May 5, 1961;'8:46 a.m.]

FEDERAL POWER COMMISSION[Docket Nos. R161-466-RI61-474]

J. E. JONES DRILLING CO. ET AL.

Order Providing for Hearings on andSuspension of Proposed Changesin Rates;" and Allowing RateChanges To Become Effective Sub-ject to Refund

APRIL 28, 1961.J. E. Jones Drilling Company (Opera-

tor), et al., Docket No. R161-466; J. H.Vandenbark (Operator), et al., DocketNo. R161-467; The Atlantic RefiningCompany, Docket No. R161-468; UnitedProducing Company, Inc. (Operator), etal., Docket No. R161-469; Continental OilCompany, Docket No. R161-470; 'MePure Oil Company, Docket No. R161-471;Continental Oil Company (Operator), etal., Docket No. R161-472; John M. Kelly(Operator), et al., Docket No. R161-473;J. E. Jones Drilling Company, Docket No.R161-474.

The above-named Respondents havetendered for filing proposed changes inpresently effective rate schedules andone new rate schedule, for sales of nat-ural gas subject to the jurisdiction of theCommission. In each filing the naturalgas is sold at 14.65 psia, with the excep-tion of Continental Oil Company, RateSchedule No. 185 and Supplement No. 1thereto, which is sold at 15.025 psia.

The proposed changes are designatedas follows:

I '-This order does not provide for the con-solidation for hearing or disposition of theseveral matters covered herein, nor should it-be so construed.

3968


DocketNo.

It 161-466..

1I61-467.._

11I61-468.-

R161-469..-

RI61-470-.

R161-471 ...:

R161-472...

RI6-473 -

Respondent

J. E. Jones DrillingCo. (Operator), etal., c/o Patrick A.Flynn, attorney,.P.O. Box 913, Mid-land, Tex.

J. H. . Vandenbark(Operator), et al., c/oPatrick A. Flynn,attorney, P.O. Box913, Midland, Tex.

The Atlantic RefiningCo. P.O. Box 2819,Dalas 21, Tex.

United Producing Co.,Inc. (Operator), etal., P.O. Box 1603,Houston, Tex.

Continental Oil Co.,P.O. Box 2197, Hous-ton 1, Tex.

The Pure Oil Co., 300East Golf Road,Palatine, Ill.

Continental Oil Co.(Operator), et al.P.O. Box 2197,Houston 1, Tex.

John M. Kelly (Op-erator), et al., P.O.Box 5671, Roswell,N. Mex.

J. E. Jones DrillingCo., c/o Patrick A.Flynn, attorney,P.O. Box 913, Mid-land, Tex.

Ratesched-

uliNo.

21

20

4

185

185146

163

26

31

31

1

3

28

85

109145

1

Purchaser and producing area

2 El Paso Natural Gas Co. (SpraberryField, Upton County, Tex.) (R.R.District No. 70).

---d e o ---------...-----------..........2 - --- (10 --------------------------------

11

51

5

3

10

8

1-8

9

9

3

13

9

10

El Paso Natural Gas Co. (VariousFields, Lea County, N. Mex.).

Cities Service Gas Co. (1lugoton* Field, Grant, Haskwell, and Seward

Counties, Kans.).

Transcontinental Gas Pipeline Corp.(S. Duson Field, Lafayette Parish,La.) (South Louisiana).

----- d o -------------------------------El Paso Natural Gas Co. (Keystone-

McKee Field, Winkler County,Tex.).

El Paso Natural Gas Co. (EumontField, Lea County, N. Mex.).

El Paso Natural Gas Co. (DollarlideField, Andrews County, Tex.)(R.R. District No. 8).

El Paso Natural Gas Co. (Anacker-Tippett Field, Upton County, Tex.)(R.R. District No. 7c).

Hunt Oil Co. (Amacker-Tippett Field,Upton County, Tex.) (R.R. DistrictNo. 7c).

El Paso Natural Gas Co. (JackHerbert Field, Upton County, Tex.)(R.R. District No; 7c).

El Paso Natural Gas Co. (ClaraConch Field, Crockett County,Tex.) (R.R. District No. 7c).

El Paso Natural Gas Co. (Cooper-JalField, Lea County, N. Mcx.).

El Paso Natural Gas Co. (VariousFields, Lea County, N. Mex.).

El Paso Natural Gas Co. (WemnacField, Andrews County, Tex.)(R.R. District No. 8).

El Paso Natural Gas Co. (Jalmat andEumont 'Fields, Lea County, N.Mex.).

El Paso Natural Gas Co. (Clear ForkField, Upton County, Tex.)(R.R.District No. 7c).

The stated effective date is the first day after expiration of the required 30 days'notice, or the effective date proposed by respondent.

2 This filing supersedes Continental Oil Co., FPC Gas Rate Schedule No. 161, asamended.

3 Suspended for one day until May 1, 1961.4 Renegotiated increase filed to supersedei a favored-nation increase previously

filed.6 Also subject to order in Docket No. G-17937.

Amountof annualIncrease

(decrease)

$3,208

1,0146,385

83,539

300,322

Datetendered

3-30-61

3-30-613-30-61

3-31-61

3-29-61

23-30-61

Effectivedate iunlesssus-

pended

4-30-61

4-30-614-30-61

Date sus-pendeduntil-

9-30-61

9-30-61-30-61

5- 1-61-1 10- 1-61

Cents per Mcf

Rtate ineffect

Proposedincreased

rate

17. 2295

11.1056 17.229&11. 1485 17. 2295'

13.3495

6-23-61 1 11-23-61 1 11.88

4-30-61 13 5- 1-61

None 12 3-30-61 4-30-61 1 5- 1-61None 1 4 3-29-61 1 4-29-61 1 7 4-30-61

17 4 3-20-61

None '3-30-61

None ' 3-30-61

None

13382

13 1, 127

13 229

13 72, 490

4 3-31-61

3-30-61

'3-30-61

13-30-61

93-29-61

13 37, 296 9 3-29-6113 2,121 0 3-29-61

31,315

6, 69

3-30-61

3-31-61

4-29-61

4-30-61

4-30-61

5-1 -61

4-30-61

4-30-61

4-30-61

5- 1-61

15- 2-61

0- 2-61

3 5- 1-61

35- 1-61

4-30-61 3 5- 1-61

4-29-61 7 4-30-61

4-29-61 7 4-30-614-29-61 7 4-30--61

4-30-61 9-30-61

5- 1-61 10- 1-61

23.5515.70925

15.5

17. 11475

13.68225

13.68225

16.0

16.0

16.0

17.0657

17.0019117.2295

10.5

10.0

6Suspended for one day until May 2, 1961.

7 Suspended for olse day until April 30, 1961.8 Also subject to order in Docket No. G-14264.9 Renegotiated increase.'0 Also subject to order in Docket No. G-15417.'F Also subject to order in Docket No. G-15409.- Susoiended for two days until May 2, 1961.

13 Decrease.

The increased rates and charges soproposed may be unjust, unreasonable,unduly discriminatory, or preferential,or otherwise unlawful.

The Commission finds: It is necessaryand proper in the public interest andto aid in the enforcement of the provi-sions of the Natural Gas Act that theCommission enter upon hearings con-cerning the lawfulness of the severalproposed changes and that the above-designated rate supplements and Con-tinental Oil Company's FPC Rate Sched-,ule No. 185 be suspended and the usethereof deferred as hereinafter ordered.

The Commission orders:(A) Pursuant to the authority of the

Natural Gas Act, particularly sections4 and 15 thereof, the Commission's rulesof practice and procedure, and the regu-lations under the Natural Gas Act (18CFR Ch. I), public hearings shall be heldupon dates to be fixed by notices fromthe Secretary concerning the lawfulnessof the several proposed changes and that

the above-designated rate supplementsand Continental Oil Company's FPCRate Schedule No. 185 be suspended andthe use thereof deferred as hereinafterordered.

(B) Pending hearings and decisionsthereon, the above-designated rate sup-plements and Continental Oil Company'sFPC Rate Schedule No. 185 are herebysuspended and the use thereof deferreduntil the date indicated in the above"Rate Suspended Until" column, andthereafter until such further time asthey are made effective in the mannerprescribed by the Natural Gas Act:Provided, however, That SupplementNos. 5 and 3 to Continental Oil Com-pany's FPC Gas Rate Schedule Nos. 146and 163 respectively; Supplement -Nos.13, 9, and 5 to Continental Oil Company(Operator) et al.'s FPC Gas Rate Sched-ules Nos. 85, 109 and 145 respectively;Supplement Nos. 10, 8, 1 to 8, 9, 9, and3 to The Pure Oil Company's FPC GasRate Schedules Nos. 26, 31, 31, 1, 3, and

28 respectively; and Continental GasCompany's FPC Gas Rate Schedule No.185, shall become effective on the dateand in the manner herein prescribed ifwithin 20 days from the date of the issu-ance of this order the respective Re-spondents shall each execute and fileunder its respective' above-designateddocket numbers with the Secretary of theCommission its agreement and undertak-ing to comply with the refunding -andreporting procedure required by theNatural Gas Act and § 154.102 of theregulations thereunder, accompanied bya certificate showing service of copiesthereof upon all purchasers under therate schedules involved. Unless the Re-spondents are advised to the contrarywithin 15 days after the filing of suchagreements and undertakings, theirrespective agreements and undertakingsshall be deemed to have been accepted.

(C) Neither the rate supplementshereby.suspended, nor the rate schedulessought to be altered thereby, shall be

3969

Rate ineffect sub-

ject torefind indocketNos.

0-14762

G-18913

G-17936

0-179361 R161-87

R161-87

3 RI60-418

I R160-418

5 RI60-418

G-17930

G-17930

G-17930

ii R161-86

1161-46RI61-86

15.5744

13.76

23.55

23.5515.70925

15.5599

17.11475

13.68225

13.68225

16.70925

15.70925

15. 5599

15.5599

15.5017413.6823

15.55987

17. 2295

3970

changed until these proceedings havebeen disposed of or until the periods ofsuspension have expired, unless other-wise ordered by the Commission.

(D) Notices of intervention or peti-tions to intervene may be filed with theFederal Power Commission, Washington25, D.C., in accordance with the rules ofpractice and procedure (18 CFR 1.8 and1.37(f)), on or before June 13, 1961.

By the Commission.

JOSEPH H. GUTRIDE,

Secretary.[P.R. Doc. 61-4122; Filed, May 5, 1961;

8:45 a.m.]

NOTICES

IDocket Nos. R161-478-RI61-484]

W. B. OSBORN, JR., ET AL.

Order Providing for Hearings on andSuspension of Proposed Changesin Rates; 1 and Allowing RateChange To Become Effective Sub-ject to Refund

APRIL 28, 1961.W. B. Osborn, Jr. (Operator), et al.,

Docket No. R161-478; Edwin L. Cox,Docket No. R161-479; Continental OilCompany (Operator), et al., Docket'No.

R161-480; The Ohio Oil Company,Docket No. R161-481; Ralph Lowe (Op-erator), et al., Docket No. R161.-482;J. M. Huber Corporation, Docket No.R161-483; Sun Oil Company, Docket No.R161-484.

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. All of thesales are made at a pressure base of14.65 psia. The proposed changes aredesignated as follows:

Effective Cents per Mcf Rate inRate Sup- Amount Date date Date sus- effet sub-

Docket Respondent sched- ple- Purchaser and producing area of annual filing unless pended Ject toNo. ale ment increase tendered sus- until- Rate In Proposed refund in

No. No. pended effect increased docketrate Nos.

R1[61-478-.. W. B. Osborn, Jr. 110 --- - Colorado Interstate Gas Co. (Hugoton 2$47,853 3-31-61 3 &- 1-61 10- 1-61 8.93 12.0 ------.......(Operator), et al., Field, Grant, Kearny, Hlaskell andP.O. Box 6767, San Finney Counties, Kans.).Antonio 9, Teax.

R161-470 - Edwin L. Cox, 2100 10 8 Natural Gas Pipeline Co. of America 500 4-10-61 3 5-11-61 10-11-61 16.8 17.0 11.160-246Adolphus Tower, (Beaver County, Okla.).Dallas, Tex.

R161-479... Edwin L. Cox -------- 21 5 Natural Gas Pipeline Co. of America 325 4-10-61 3 5-11-61 10-11-61 16.8 17.0 1160-246(Texas County, Okla.).

R161-479 --- --- do ----------------- 22 6 ----- do -------------------------------- 122 4-10-61 3 5-11-61 10-11-61 16.8 17.0 1160-246R161-480 - Continental Oil Co. 104 11 El Paso Natural Gas Co. (Jalmat 4(57) 4-10-61 35-11-61 65-12-61 716.61727 4 15.1114 R161-86

(Operator), et al., Field, Lea County, N. Mex.).P.O. Box 2197,Houston 1, Tex.

R161-480--- Continental Oil Co. 92 11 --.. do ---------------------- --------- 4 (108) 4-10-61 5 5-11-61 6 5-12-61 817.0657 ' 1. 8599 161-86(Operator), et al.

R161-481..- The Ohio Oil Co., 539 35 3 Natural Gas Pipeline Co. of America 142 4- 3-61 3 5- 4-61 10- 4-61 16.8 17.0 1160-227South Main Street, (Camrick Southeast Field, BeaverFindlay, Ohio. County, Okla.).

R161-482.- Ralph Lowe (Oper- 2 1 El Paso Natural Gas Co. (Jalmat and 2,920 3-31-61 ' 5- 1-61 10- 1-61 '9.5 "315.5599 ..........ator), et al .c/o Langlie Mattix Fields, Lea County,Patrick A.'Flynn, N. Mox.).Attorney, P.O. Box913, Midland, Tex....- do -------------- -... .-- - - do --------------------------- 4,699 ----------------------- 10 .0533 115.1114 -

RI61-483-- . M. Huber Corp., 4 11 Panhandle Eastern P/L Co. (W. 19,225 4- 5-61 3 5- 6-61 10- 6-61 11.0 12.0 --------2401 East Second Panhandle Field, Carson andAvenue, Denver 6, Iutchinson Counties, Tex.) (R.R.Colo. Dist. No. 10).

R161-484 - Sun Oil Co., 1608 Wal- 107 2 Natural Gas Pipeline Co. of America 152 4- 5-61 '0- 8-61 10- 8-61 16.4 16.6 R1160-284nut Street, Phil- (Camrick Field, Beaver County,adelphia 3, Pa. Okla.).

RI61-484_._ Sun Oil Co ............ 116 2 ---- do -------------------------------- 173 4- 5-61 ' 5- 8-61 10- -61 16.4 16. 1160-284

I Supersedes W. B. Osborn, Jr., FPC Gas Rate Schedule No. 2, as amended;supersedes Charlotte Osborn Barrett FPC Gas Rate Schedule No. 2, as amended;supersedes Betty Osborn Biedenharn FPC Gas Rate Schedule No. 2, as amended;supersedes Jewel Osborn FPC Gas Rate Schedule No. 4, as amended; and supersedesW. B. Osborn, Jr., executor of the estate of W. B. Osborn, Sr., FPC Gas RateSchedule No. 4, as amended.

2 Amount estimated.' The stated effective date is the first day after expiration of the required 30 days,

notice.

4 Renegotiated decrease in rate.5The stated effective date is the effective date proposed by respondent.a Suspension period is for one day.' Low pressure gas (below 600 psig).' Rate subject to 414467 cent deduction for low pressure gas (below 600 psi@).' High pressure gas.10 Low pressure gas.1 Renegotiated increase plus applicable tax reimbursement.

All of the proposed increased rates (in-cluding the two renegotiated rate de-creases of Continental Oil Company(Operator), et al. (Continental)), exceedthe applicable ceiling for increased ratesin their respective area. Since Continen-tal's presently effective rates are in effectsubject to refund in Docket No. R161-86, and consistent with the Commission'saction in similar cases, the subject de-creased rates should be suspended for oneday.

The increased rates and charges soproposed may be unjust, unreasonable,unduly discriminatory, or preferential, orotherwise unlawful.

The Commission finds: It is necessaryand proper in the public interest and toaid in the enforcement of the provisionsof the Natural Gas Act that the Commis-sion enter upon hearings concerning thelawfulness of the several proposedchanges and that the above-designatedsuperseding rate schedule and supple-ments be suspended and the use thereofdeferred as hereinafter ordered.

The Commission orders:(A) Pursuant to the authority of the

Natural Gas Act, particularly sections4 and 15 thereof, the Commission's rulesof practice and procedure, and the regu-lations under the Natural Gas Act (18CFR Ch. I), public hearings shall beheld upon the dates to be fixed by no-tices from the Secretary concerning thelawfulness of the several proposedchanges and that the above-designatedrate schedule and supplements .be sus-pended and the use thereof deferred ashereinafter ordered.

(B) Pending hearings and decisionsthereon, the above-designated r a t eschedule and supplements are herebysuspended and the use thereof deferreduntil the date indicated in the above"Date Suspended Until" column, andthereafter until such further time as

1 This order does not provide for the con-solidation for hearing or disposition of theseveral matters covered herein; nor should itbe so construed.

they are made effective in the mannerprescribed by the Natural Gas Act: Pro-vided, however, That Supplement No. 11to Continental's FPC Gas Rate SchedulesNos. 92 and 104, respectively, shall be-come effective on the date and in themanner prescribed if within 20 daysfrom the date of the issuance of thisorder Continental shall execute and fileunder Docket No. R161-480 with the Sec-retary of the Commission its respectiveagreement and undertaking to complywith the refunding and reporting proce-dure required by the Natural Gas Actand § 154.102 of the regulations there-under, accompanied by a certificateshowing service of copies thereof uponall purchasers under the rate scheduleinvolved. Unless Continental is advisedto the contrary within 15 days after thefiling of such agreement and undertak-ing, its agreement and undertaking shallbe deemed to have been accepted.

(C) Neither the rate schedule andsupplements hereby suspended, nor therate schedules sought to be altered


thereby, shall be changed until these pro-ceedings have been disposed of or untilthe periods of suspension have expired,unless otherwise ordered by the Commis-sion.

(D) Notices of intervention or peti-tions to intervene may be filed with. theFederal Power Commission, Washington25, D.C., in accordance with the rules 6fpractice and procedure (18 CFR 1.8 and1.37(f)) on or before June 12, 1961.

By the Commission.JOSEPH H. GUTRIDE,

Secretary.


SECURITIES AND EXCHANGECOMMISSION

[File No. 70-3965]

MISSOURI EDISON CO.

Notice of Proposed Issuance of FirstMortgage Bonds

MAY 1, 1961.Notice is hereby given that Missouri

Edison Company ("Missouri Edison")Louisiana, Mo., a public-utility companyand a subsidiary company of Union Elec-tric Company, a registered holding com-pany, has filed an application with thisCommission pursuant to the Public Util-ity Holding Company Act of 1935("Act"), designating sections 6(a) and 7of the Act and Rule 50 promulgatedthereunder as applicable to the proposedtransaction.

All interested persons are referred tothe application, on file at the office of theCommission, for a statement of thetransaction therein proposed which issummarized as follows:

Missouri Edisonproposes to issue andsell, subject to the competitive biddingrequirements of Rule 50 under the Act,$2,000,000 principal amount of FirstMortgage Bonds, Series C. The bondswill be issued under an Indenture ofMortgage or Deed of Trust dated July 1,1945, to The Boatmen's National Bankof St. Louis, as Trustee, as heretoforesupplemented and as to be further sup-"plemented by a Second Supplemental In-denture to be dated as of June 1, 1961.The interest rate on the new bonds(which will be a multiple of 18 of 1 per-cent and the price, exclusive of accruedinterest, to be paid to Missouri Edison(which will be not less than the principalamount of the bonds nor more than102% percent thereof) will be deter-mined by the competitive bidding.

The sale of the new bonds by MissouriEdison will provide funds to retire $1,-500,000 face amount of short-term notespayable to banks issued for capital ex-penditures heretofore made, to financein part the cost of continuing additionsand improvements to its utility plant,and for other corporate purposes. Thecompany expects construction expendi-tures during 1961 and 1962 to aggregateapproximately $1,876,000.

A statement of estimated fees and ex-penses in connection with the sale of thenewq bonds is to be filed by amendment.

The application states that the issueand sale of the new bonds must be au-thorized by the Public Service Commis-sion of Missouri (the State commissionof the State in which Missouri Edison isorganized and doing 'business), that anapplication for such authorization isbeing filed with that commission, andthat no Federal commission, other tlanthis Commission, has jurisdiction overthe proposed transaction.

Notice is further given that any inter-ested person may, not later than May 31,1961, request in writing that a hearingbe held on such matter, stating thenature of his interest, the reasons forsuch request, and the issues of fact orlaw raised by the filing which he de-sires to controvert, or he may requestthat he be notified if the Commissionshould order a hearing thereon. Anysuch request should be addressed: Sec-retary, Securities and Exchange Com-mission, Washington 25, D.C. At anytime after said date, the application, asfiled or as it may be amended, may begranted as provided in Rule 23 of thegeneral rules and regulations promul-gated under the Act, or the Commissionmay grant exemption from such rules asprovided in Rules 20(a) and 100 thereofor take such other action as it may deemappropriate.

By the Commission.

[SEAL] ORVAL L. DuBois,Secretary.

[P.R. Doc. 61-4189; Filed, May 5,. 1961;8:47 a.m.]

[File Nos. 59-107, 54-232]

NEW ORLEANS PUBLIC SERVICE, INC.,AND MIDDLE SOUTH UTILITIES, INC.

Notice of Filing of and Order for Hear-ing on Plan; Order Instituting Pro-ceeding and Order ConsolidatingProceedings

MAY 1, 1961.In the matters of New Orleans Public

Service Inc., Middle South Utilities, Inc.,File No. '59-107; Middle South Utilities,Inc., File No. 54-232.

I. Notice is hereby given that MiddleSouth Utilities, Inc. ("Middle South'),of New York, New York, a registeredholding company, has filed a plan pur-suant to section 11(e) of the PublicUtility Holding Company Act of 1935("Act") providing for the exchange ofshares of its common stock for the 3.18percent publicly-held shares of commonstock of New Orleans Public Service'Inc. ("New Orleans"), New Orleans,Louisiana, a public-utility subsidiarycompany of Middle South, on the basisof 23/ shares of common stock of MiddleSouth Tor each share of common stockof New Orleans. All interested personsare referred to the plan, -on file at theprincipal office of the 'Commission, fora full statement of the provisions anddetails thereof. A copy of the plan maybe obtained by any person affectedthereby, upon' request, from New OrleansPublic Service Inc., 317 Baronne Street,New Orleans 9, Louisiana.

II. The Commission having been ad-vised by its Division of Corporate Regu-lation ("Division") that the Division,pursuant to sections 11(a), 18(a), and18(b) of the Act, has made a preliminaryexamination of the corporate structureof New Orleans and the relationship be-tween New Orleans and the other com-panies in the Middle South holding-com-pany system; and it appearing to theDivision from such examination that:

1. Middle South, which was incorpo-rated under the laws of the State of Flor-ida in 1949, is solely a holding companyand. is registered as such under section5 of the Act.

2. As of December 31, 1960, the out-standing securities of Middle South con-sisted of 16,750,000 shares of $10 parvalue common stock and $5,000,000 prin-cipal amount of short-term notes Pay-able to banks, bearing interest at 412percent per annum. The holders of thecommon stock are entitled to one voteper share, to cummulate their votes inthe election of directors, and to dividendswhen and as declared by the board ofdirectors,

3. As of December 31;-1960, New Or-leans had issued and outstanding, amongother securities, 1,420,529.78 shares of nopar value common stock of which1,375,330 shares (96.82 percent) wereheld by Middle South and 45,199.78shares (3.18 percent) were held by mem-bers of the general public. The holdersof the New Orleans common stock areentitled to one vote per share in the elec-tion of directors.

4. New Orleans is engaged in the dis-tribution and sale of electricity and nat-ural gas in the City of New Orleans,Louisiana, and in rendering transporta-"tion service in that City and environs. -

5. As of December 31, 1960, the prop-erty, plant, and equipment of New Or-leans, as stated'on its books, aggregated$175,661,608, and the net amount of suchproperty, plant,and equipment, after de-duction of reserves for retirements, ag-gregated $126,751,787.

6. For the year ended December 31,1960, the operating revenues of New Or-leans totaled $59,880,747, of which 61.4percent were from sales of electricity,22.9 percent from sales of gas, and 15.7percent from transportation services.

7. During the year ended December31, 1960, New Orleans generated 1,923,618M kwh. of electric energy and received374,424 M kwh. of electric energy fromLouisiana Power & Light Company, anassociate company, under a power in-terchange agreement. During the sameperiod, New Orleans delivered 480,385 Mkwh. of electric energy to 'LouisianaPower & Light Company under suchagreement.

III. The Division avers that the fore-going allegations establish or tend to es-tablish that voting power is unfairly

* and inequitably distributed among thesecurity holders of New Orleans.

IV. It being the duty of the Commis-sion, pursuant to section 11(b) (2) ofthe Act, to require by order, after noticeand opportunity for hearing, that eachregistered holding company and eachsubsidiary company thereof take suchsteps as the Commission shall find neces-


NOTICES

sary to ensure that the corporate struc-ture or continued existence of any com-pany in a holding-company system doesnot, among other things, unfairly or in-equitably distribute voting power amongsecurity holders of such holding-com-pany system; and

The Commission being required by theprovisions of section 11(e) of the Act,before approving any plan filed there-under, to find, after notice and oppor-'tunity for hearing, that such plan, assubmitted or as modified, is necessaryto effectuate the provisions of section11(b) and is fair and equitable to thepersons affected thereby; and

The Commission deeming it appropri-ate that notice be given and a hearingheld for the purpose of determining whataction should be ordered under section11(b) (2) and for the purpose of ascer-taining whether the plan should be ap-proved; and

It appearing that common issues offact and law arise in connection with theplan and in connection with the issuesinvolved under section 11 (b) (2), makingit appropriate that the two proceedingsbe consolidated and that Middle Southand New Orleans should be made partiesto the consolidated proceeding:

It is hereby ordered:(a) That a proceeding be, and the

same hereby is, instituted in respect ofMiddle South and New Orleans pursuantto section 11(b) (2) of the Act.

(b) That said proceeding be, and thesame hereby is, consolidated with theproceeding in connection with the planof Middle South.

(c) That Middle South and NewOrleans be, and they hereby are, madeparties to said consolidated proceeding.

(d) That Middle South and New Or-leans file an answer or answers with theSecretary of the Commission on or be-fore June 1, 1961, to the allegations con-tained in Parts II and III hereof, in theform prescribed by Rule 25 of the generalrules and regulations under the Act.Any of such allegations which are notdenied or otherwise controverted shallbe deemed to be admitted for the pur-pose of this proceeding.

It is further ordered, That the hearingin the consolidated proceeding be held onJune 14, 1961, at 10:00 a.m., at the officeof the Securities and Exchange Commis-sion, 425 Second Street NW., Washing-ton 25, D.C., in such room as may bedesignated on such date by the hearingroom clerk. Any persons desiring to beheard in connection with this proceedingor proposing to intervene therein shallfile with the Secretary of the Commis-sion, onor before June 6, 1961, a writtenrequest relative thereto as provided inRule 9 of the Commission's rules ofpractice.

It is further ordered, That IrvingSchiller or any other officer or officersof the Commission designated by it forthat purpose shall preside at the hearingin such matters. The officer so desig-nated to preside at any such hearing ishereby authorized to exercise all thepowers granted to the Commission undersection 18(c) of said Act and to a hear-ing officer under the Commission's rulesof practice.

The Division having advised the Com-mission that, upon the basis of its pre-liminary examination of the affairs andof the corporate structures of MiddleSouth and New Orleans and of a pre-liminary study of said plan of MiddleSouth, the following matters and ques-tions are presented for consideration atsuch hearing, without prejudice, how-ever, to the presentation of additionalmatters. and questions upon furtherexamination:

1. Whether the allegations containedin Parts II and III hereof are true andcorrect;

2. Whether the corporate structure ofNew Orleans unfairly and inequitablydistributes voting power among the se-curity holders of the Middle Southholding-company system, and, if so, whatsteps, if any, are necessary and should berequired to be taken by Middle Southand New Orleans to distribute fairlyand equitably the voting power amongthe security holders of the Middle Southholding-company system.

3. Whether the plan of Middle South,as submitted or as it may be modified oramended,' is necessary to effectuate theprovisions of section 11(b) (2) of the Act;

4. Whether the plan is fair and equi-table to the persons affected thereby;

5. Whether, in general, the trans-actions proposed in the plan satisfy theapplicable provisions of the Act; and

6. Whether the accounting entriesproposed to be made in connection withthe plan are proper and in accord withsound accounting principles.

It is further ordered, That at saidhearing evidence shall be adduced withrespect to the foregoing matters andquestions.

It is further ordered, That jurisdictionbe, and it hereby is, reserved to separatein whole or in part, either for hearing orfor disposition any issues or questionswhich may arise in these proceedings andto take such other action as may appearconducive to an orderly, prompt, andeconomical disposition of the mattersinvolved.

It is further ordered, That the Secre-tary of the Commission shall serve noticeof such hearing by mailing a copy of thisorder by registered mail to Middle Southand New Orleans, to the Federal Powereommission, and to the Council of theCity of New Orleans and that said noticeof said hearing be given to all other in-terested persons by a general release ofthe Commission and by publication ofthis order in the FEDERAL REGISTER.

It is further ordered, That MiddleSouth mail a copy of this notice andorder to all stockholders of record' ofNew Orleans at least thirty days priorto the date herein fixed as the date forhearing and that this notice and orderbe published by Middle South on or priorto May 15, 1961, in a newspaper of gen-eral circulation in the City of New Or-leans, Lousiana.

By the Commission.

[SEAL] ORVAL L. DuBoIs,Secretary.

[F.R. Doc. 61-419,0; Piled, May 5, 1961;8:47 a.m.]

INTERSTATE COMMERCECOMMISSION

[Notice 491]

MOTOR CARRIER TRANSFERPROCEEDINGS

MAY 3, 1961.Synopses of orders entered pursuant

to.section 212(b) of the Interstate Com-merce Act, and rules and regulations pre-scribed thereunder (49 CFR Part 179),appear below:

As provided in the Commission's spe-cial rules of practice any interested per-son may file a petition seeking recon-sideration of the following numberedproceedings within 20 days from the dateof publication of this notice. Pursuantto section 17(8) of the Interstate Com-merce Act, the filing of such a Petitionwill postpone the effective date of the.order in that proceeding pending itsdisposition. The matters relied upon bypetitioners must be specified in theirpetitions with particularity.

No. MC-FC 63702. By order of April28, 1961, the Transfer Board approvedthe transfer to Cartwright's Moving &Storage, Inc., Kansas City, Mo., of Cer-tificates Nos. MC 82331, MC 82331 Sub9, MC 82331 Sub 14, MC 82331 Sub 15,MC 82331 Sub 16, MC 82331 Sub 17, andMC 82331 Sub 18, issued April 20, 1955,Febtuary 17, 1955, March 27, 1956, April19, 1957, November 19, 1957, April 27,1959, and September 6, 1960, respectively,in the name of William F. Cartwright,doing business as South Prospect Trans-fer, Kansas City, Mo., and Certificate No.MC 109139 issued November 16, 1948, toHenry Nuss, acquired by transferor pur-suant to No. MC-FC 63356 and assignedNo. MC 82331 Sub 19, authorizing thetransportation of household goods, overirregular routes, between points in Ala-bama, Arkansas, Colorado, Connecticut,Delaware, District of Columbia, Florida,Georgia, Illinois, Indiana, Iowa, Kansas,K e n t u c k y, Louisiana, Pennsylvania,Texas, Virginia, Wisconsin, Maryland,Massachusetts, Michigan, Minnesota,Mississippi, Missouri, Nebraska, New Jer-sey, New York, North Carolina, Ohio,Oklahoma, South Dakota, Tennessee,West Virginia, and South Carolina.Tom B. Kretsinger, 1014 Temple Build-ing, Kansas City, Mo., applicant's at-torney.

No. MC-FC 63930. By order of May 1,1961, the Transfer Board approved thetransfer to Southampton Hauling Co., acorporation, St. Louis, Mo., of CertificateNo. MC 30980 Sub 2, issued April 4, 1957,to Charles A. Tarantola, doing businessas Southampton Hauling Co., St. Louis,Mo., authorizing the transportation of:Heavy machinery, between, points inCole County, Mo., on the one hand, and,on the other, points in Arkansas, Kan-sas, Iowa, and fllinois. Joseph R. Nacy,117 West High Street, P.O. Box 352, Jef-ferson City, Mo., applicant's attorney.

No. MC-FC 63935. By order of April28, 1961, the Transfer Board approvedthe transfer to Patrick Kelly, Box 76,Mendon Road, Manville, RI., of Cer-tificate No. MC 33103, issued February 21,

3972


1951, to Norman Heusser and PatrickKelly, doing business as Eldridge MotorTransportation, Box 76, Mendon Road,Manville, R.I., authorizing the trans-portation of: Household goods, betweenHudson, Mass., and points in Massachu-setts, within 20 miles of Hudson, on theone hand, and, on the other, points inMassachusetts, New Hampshire, Ver-mont, Maine, Rhode Island, Connecticut,and New York; and used machinery be-tween Marlboro and Hudson, Mass., onthe one hand, and, on the other, Port-land, Maine, points in Hillsboro andRockingham Counties, N.H., and thosein Providence County, R.I.

No. MC-FC 63945. By order of April28, 1961 the Transfer Board approved thetransfer to Brown's Moving and StorageCompany, Inc., Syracuse, N.Y., of Cer-tificates Nos. MC 44984 and MC 44984Sub 3, issued May 20, 1955 and May 25,1955, respectively, to Ralph A. Lalonde,Inc., Ogdensburg, N.Y., authorizing thetransportation of: Packing house prod-ucts, from Ogdensburg, N.Y., to Canton,Gouverneur, Heuvelton, Madrid, Mas-sena, Morristown, Morley, Norfolk, Nor-wood, Potsdam, and Waddington, N.Y.;groceries and grocery store equipment,supplies, and materials, from Ogdens-burg, Norwood, Massena, Potsdam, andCanton, N.Y., to points in Jefferson andSt. Lawrence Counties, N.Y.; householdgoods between Ogdensburg, N.Y., andpoints within 100 miles of Ogdensburg,on the one had, and, on the other, pointsin Connecticut, Maine, Massachusetts,New Hampshire, New Jersey, New York,Pennsylvania, Vermont, Delaware, Il-linois, Indiana, Maryland, Michigan,Ohio, Rhode Island, Virginia, West Vir-ginia, and the-District of Columbia; andnew furniture, uncrated, from JerseyCity, N.J., Warren, Pa., and Gardner,Mass., to Ogdensburg, N.Y. Norman M.Pinsky, 407 South Warren Street, Syra-cuse, N.Y., applicant's attorney.

No. MC-FC 63954. By order of April28, 1961, the Transfer Board approvedthe transfer to Pittsburgh-ClarksburgExpress, Inc., Uniontown, Pa., of a Cer-tificate in No. MC 405 issued November10, 1960, to Inez E. Girard, doing busi-ness as Girard Motor Express, Union-town, Pa., which authorizes the trans-portation, over regular routes, of generalcommodities, with specified exceptions,between Pittsburgh, Pa., and Clarksburg,W. Va., serving all intermediate pointsin West Virginia; the off-route points ofGrafton, Van Voorhis, Sabraton, StarCity, Nutter Fort, Grant Town, andMonongha, W. Va,, and all intermediateand off-route points in Pennsylvaniawithin 20 miles of Pittsburgh. MichaelJ. O'Malley, Seif, Frost, Gunst & Thomp-son, Suite 1111 Berger Building, Pitts-burgh 19, Pa., applicant's attorney.

No. MC-FC 64006. By order of May1, 1961, the Transfer Board approved thetransfer to Nyle W. Mallory, doing busi-ness as Mallory Truck Line, Burley,Idaho, of Certificate No. MC 116808,issued January 30, 1959, to Nyle Malloryakid Gerald Mallory, doing business asMallory Trucking Line, 'Burley, Idaho,authorizing the transportation of: Fer-tilizer, in containers, from Geneva, Mid-vale, and Garfield, Utah, to points in

No. 87-4

FEDERAL REGISTER

Cassia and Minidoka Counties, Idaho, asrestricted; and fertilizer, in sacks, andin bulk (other than liquid), from NorthSalt Lake, Utah, to points in Cassia andMinidoka Counties, Idaho, as restricted.Kenneth G. Bell, 203 McCarty Building,Boise, Idaho, applicant's attorney.

No. MC-FC 64038. By order of April28, 1961, the Transfer Board approvedthe transfer to Edgar W. Long, Zanes-ville, Ohio, of Certificate Nos. MC 117003and MC 117003 Sub 1, issued June 25,1958 and October 26, 1960, respectivelyto Paul J. Bray, Orlando, Fla., authoriz-ing the transportation of: Clay pottery,metal stands for clay pottery, andearthenware from points in MuskingumCounty, Ohio, to Shreveport, La., andpoints in Florida, Oklahoma, and Texas;glass gazing globes and clay products,from points in Muskingum County, Ohio,to Shreveport, La.; clay products, glassgazing globes and metal stands for clayproducts, from points in Perry County,Ohio, to points in Alabama, Arkansas,Georgia, Louisiana, Mississippi, NorthCarolina, Oklahoma, South Carolina, andTexas, from points in Muskingum Coun-ty, Ohio, to points in Alabama, Arkansas,Georgia, Louisiana (except Shreveport),Mississippi, North Carolina, and SouthCarolina; clay pottery, metal stands forclay pottery, clay saggers, earthenware,and glass gazing globes, from points inPerry County, Ohio, to points in Florida;and empty containers used in transport-ing all the above-specified commodities,from the above-specified destinationpoints to their respective origin points.Richard H. Brandon, Hartman Building,Columbus 15, Ohio, applicant's attorney.

No. MC-FC 64046. By order of April28, 1961, the Transfer Board approvedthe transfer to Macon Trading Post,Inc., doing business as Trading Post,484 First Street, Macon, Ga., of Certifi-cate Nos. MC 49052, MC 49052 Sub 1 andMC 49052 Sub 4, issued June 3, 1949,July 2, 1942, and February 24, 1947, re-spectively, to R. B. Hicks, doing businessas The Trading Post, 484 First Street,Macon, Ga., authorizing the transporta-tion of: Household goods, betweenColumbus, Ga., and points in Georgiawithin 25 miles thereof on the one hand,and, on the other, points in Alabama,Florida, Mississippi, North Carolina,South Carolina, Tennessee, Kentucky,and Virginia, from and to or betweenpoints in Alabama, Florida, Mississippi,North Carolina, South Carolina, Ten-nessee, Kentucky, and Virginia, andpoints in Baldwin, Ben Hill, Bibb,Beckley, Butts, Chattahoochee, Craw-ford, Crisp, Dodge, Dooly, Dougherty,Hancock, Houston, Irwin, Jasper, John-son, Jones, Lamar, Laurens, Lee, Macon,Marion, Monroe, Muscogee, Oconee,Peach, Pulaski, Putnam, Schley, Stewart,Sumter, Talbot, Taylor, Telfair, Terrell,Tift, Turner, Twiggs, Washington,Webster, Wilcox, Wilkinson, Worth, andUpson Counties, Ga.; and textile ma-chinery, between Columbus, Ga., on theone hand, and, on the other, points inAlabama, Georgia, North Carolina, andSouth Carolina.

* No. MC-FC 64051. By'order of April28, 1961, the Transfer Board approved

* the transfer to Johnson Trucking, Inc.,

Attica, Ind., of Certificates Nos. MC81771 Sub 1, MC 81771 Sub 4 andMC 81771 Sub 5, issued June 10, 1946,October 20, 1950, and November 25,1960, respectively, to Carl Johnson,Attica, Ind., authorizing the transporta-tion of: Barium (water softener), salt(refuse), agricultural products, livestock,concrete building blocks, lock tile, feed,fertilizer, steel fencing material, brick,radio parts and crating, hay, straw,grain, twine, mill feed, tankage, farmimplements, and coal, over regular andirregular routes, from and to, or between,points in Indiana and Illinois, as speci-fied; household goods, between Elmdale,Ind., and points in Indiana, within 30miles of Elmdale, on the one hand, and,on the other, points in Ohio and Illinois;and unfinished lumber, from Attica,Ind., to points in Illinois, Kentucky, andMichigan. W. L. Jordan, 201 MerchantsSavings Building, Terre Haute, Ind.,applicant's representative.

No. MC-FC 64069. By order of April28, 1961, the Transfer Board approvedthe transfer to Dell Vans, Inc., Balti-more, Md., of Certificate No. MC 18405,issued August 23, 1951, to ChernockTransfer Company, Inc., Baltimore, Md.,authorizing the transportation of:Household goods, between Baltimore,Md., on the one hand, and, on the other,points in Delaware, New Jersey, NewYork, Pennsylvania, Virginia, West Vir-ginia, and the District of Columbia.Donald E. Freeman, Box 24, UniontownRoad, Westminster, Md., applicant'srepresentative.

No. MC-FC 64119. By order of April28, 1961, the Transfer Board approvedthe transfer to Merle H. Miller, doingbusiness as Miller Moving Company,2748 North Lawrence Street, Philadel-phia, Pa., of Certificate In No. MC 9975,issued April 12, 1949, to Merle H. Millerand Keith M. Miller, a partnership,doing business as Miller Moving Co.,2748 North Lawrence Street, Philadel-phia, Pa., authorizing the transportationof: Household goods, over irregularroutes, between points in the Philadel-phia; Pa., Commercial Zone, as definedby the Commission in 17 M.C.C. 533, onthe one hand, and, on the other, pointsin Pennsylvania, New Jersey,'New York,'Delaware, Maryland, and Washington,D.C.

No. MC-FC 64126. By order of April28, 1961, the Transfer Board approvedthe transfer to Ralph E. Curtis & Son,Inc., Bangor, Maine, of Certificate in No.MC 116632 Sub 3, issued December 15,1959, to Moholland Bros., Inc., Woodland,Maine, authorizing the transportationof: Lumber, between points in Washing-ton and Hancock Counties, Maine, onthe one hand, and, on the other, port ofentry at or near Calais, Maine; frompoints in Washington and HancockCounties, Maine, to points in New Hamp-shire, Massachusetts, Rhode Island,Connecticut, New York, New Jersey, andPennsylvania. Sumner J. Goffin, 98Exchange Street, Portland, Maine, ap-plicant's representative.

No. MC-FC 64133. By order of April28, 1961, the Transfer Board approvedthe transfer to Contract Pipe Carriers,Inc., Croydon, Pa., of Permit in No. MC

3973

NOTICES

112971, issued December 28, 1951, toJohn A. Welker, doing business as Su-preme Motor Freight, Croydon, Pa., au-thorizing the transportation of: Sewerand concrete pipe and fittings, over ir-regular routes, from Croydon, Pa., topoints within 150 miles of Croydon, inNew Jersey (except Trenton and Cam-den), Delaware, New York, and Mary-land, and damaged or defective ship-ments of the above-specified commodi-ties from the above-specified destinationpoints to Croydon, Pa. Louis E. Levy,1529 Walnut Street, Philadelphia 2, Pa.,applicant's representative.

No. MC-FC 64139. By order of April28, 1961, the Transfer Board approvedthe transfer to Adams Transfer andStorage Company, a Corporation, Kan-sas City, Mo., of Certificat No, MC 14533issued May 19, 1955 to John F. Luedersand Walter A. Reich, a partnership,doing business as J. F. Murray Transfer& Warhouse Company, Kansas City, Mo.,authorizing the transportation, over ir-regular routes, of general commodities,excluding household goods, commoditiesin bulk, and other specified comioditiesbetween points within 9 miles of KansasCity, Kans., those within 9 miles of Kan-sas City, Mo., and those within 9 milesof North Kansas City, Mo. Carll V.Kretsinger, 1014 Temple Building, Kan-sas City 6, Mo., applicant's attorney.

No. MC-FC 64148. By order of April28, 1961, the Transfer Board approvedthe transfer to Stark's Express, Inc.,Glastonbury, Conn., of Certificate No.MC 4630 issued May 26, 1960, to MichaelC. Stark, doing business as Stark's Ex-p'ess, Glastonbury, Conn., authorizingthe transportation, 6ver regular routes,of general commodities, excluding house-hold goods, commodities in bulk, andother specified commodities, betweenHartford, Conn., and New London, Conn.,between Mystic, Conn., and Sound View,Conn., between Hartford, Conn., andSouth Lyme and Guilford, Conn., andover irregular routes, fertilizer and ferti-lizer materials, from West Haven andPortland, Conn., to points in a describedportion of Massachusetts, and fromSouth Deerfield, Lenox, and Lee, Mass.,to East Hartford, Glastonbury, and SouthWindsor, Conn., and agricultural com-modities, between Glastonbury, Conn.,and points within 10 miles thereof, onthe one hand, and, on the other, Boston,Pittsfield, Springfield, and Worcester,Mass., Providence, R.I., and New York,N.Y., and household goods, betweenGlastonbury, Conn., and points within10 miles thereof, on the one hand, and,on the other, points in New York, Mas-sachusetts, and Rhode Island. Glenn E.Knierim, 410 Asylum Street, Hartford3, Conn., applicant's attorney.

[SEAL] HAROLD D. McCoy,Secretary.


FOURTH SECTION APPLICATIONSFOR RELIEF

MAY 3, 1961.Protests to the granting of an applica-

tion must be prepared in accordance

with 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

FSA No. 37099: Lumber from and topoints in Michigan and Wisconsin. Filedby Western Trunk Line Committee,Agent (No. A2184), for interested railcarriers. Rates on lumber and relatedarticles, in carloads, from points in Wis-consin and upper peninsula of Michigan,to points in Wisconsin, upper peninsulaof Michigan, and northern Illinois.

Grounds for relief: Rail carrier com-petition, short-line distance formula,and grouping.

Tariff: Supplement 46 to WesternTrunk ' Line Committee tariff I.C.C.A-4017.

FSA No. 37100: Sand to Paintsville,Ky., Heath, Ohio, Gilmer and Belle,W. Va. Filed by Southwestern FreightBureau, Agent (No. B-8014), for-inter-ested rail carriers. Rates on sand, asdescribed in the application, in carloads,from Klondike, Ludwig, Pacific, Mo., MillCreek and Roff, Okla., to Paintsville,Ky., Heath, Ohio, Gilmer and Belle,W. Va.

Grounds for relief: Market competi-tion.

Tariff Supplement 114 to Southwest-ern Freight Bureau tariff I.C.C. 4319.

FSA No. 37101: Potassium fromEvans City, Ala., to Cincinnati and Fer-nald, Ohio. Filed by 0. W. South, Jr.,Agent (No. A4090), for interested railcarriers. Rates on potassium (potash),caustic, liquid, in tank-car loads, fromEvans City, Ala., to Cincinnati andFernald, Ohio.

Grounds for relief: Market competi-tion.

Tariffs: Supplements 157 and 103 toSouthern Freight Association tariffsI.C.C. 1536 and 1612 (Spaninger series),respectively.

FSA No. 37102: Substituted service-RF & P, et al., for Cole, Jack, Company,a corporation, et al. Filed by SouthernMotQr Carriers Rate Conference, Agent(No. 61), for interested carriers. Rateson Property loaded in highway trailersand transported on railroad fiat cars,between Kearny, N.J., and Philadelphia,Pa., on the one hand, and Birmingham,Ala., on the other, on traffic originatingat or destined to such points or pointsbeyond as described in the application.

Grounds for relief: Motor-truck com-petition.

Tariff: Supplement 6 to SouthernMotor Carriers Rate Conference tariffI.C.C. 34, MF-I.C.C. 1121.

FSA No. 37103: Substituted service-ACL for Mercury Motor Express, Inc.Filed by Southern Motor Carriers RateConference, Agent (No. 62), for inter-ested carriers. Rates on property loadedin highway trailers and transported onrailroad fiat cars, between Richmond,Va., and Jacksonville, Fla., on trafficoriginating at or destined to such pointsor points beyond as described in the ap-plication.

Grounds for relief: Motor-truck com-petition.

Tariff: Supplement 6 to SouthernMotor Carriers Rate Conference tariffI.C.C. 34, MF-I.C.C. 1121.

FSA No. 37104: Gasoline, etc., betweenpoints in southern territory. Filed by0. W. South, Jr., Agent (SPA No.A4091), for interested rail carriers.Rates on gasoline, kerosene, naphtha,naphtha distillate and petroleum distil-late fuel oil, in tank-car loads,, betweenpoints in southern territory, includingOhio and Mississippi River crossings,Washington, D.C., and points in Virginia.

Grounds for relief: Short-line distanceformula and grouping.

Tariff: Supplement 62 to SouthernFreight Association tariff I.C.C. S-85.

By the Commission.

[SEAL] HAROLD D. McCoy,Secretary.

[F.R. Doc. 61-4194; Filed, May 5, 1961;8:48 a.m.j

SMALL BUSINESS ADMINISTRA-TION

[Delegation of Authority 30-1-181

BRANCH COUNSEL, PROVIDENCEBRANCH OFFICE

Delegation Relating to LegalFunctions

I. Pursuant to the authority delegatedto the Branch Manager by DelegationNo. 30-1-16 (25 F.R. 12903) there is here-by redelegated to Branch Counsel atProvidence, Rhode Island, the authority:

A. Legal. To disburse approved loans.B. Administrative. To approve an-

nual and sick leave, except advanced an-nual and sick leave, for employees underhis supervision.

IIL The authority delegated hereinmay not be redelegated.

III. The authority delegated hereinmay be exercised by any SBA employeedesignated as Acting Branch Counsel.

Effective date: April 6, 1961.

ANTHONY STAsro,Branch Manager,

Boston Regional office.


[Delegation of Authority 10-9b]

CHAIRMAN, LOAN REVIEW BOARD

Delegation Relating to FinancialAssistance

Notice is hereby given that this dele-gation (24 F.R. 644) is rescinded in itsentirety with6ut prejudice to any actionstaken thereunder prior to the datehereof.

Effective date: April 20, 1961.

PIERRON, R. LEEF,Acting Director,

Office of Loan Processing.


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CUMULATIVE CODIFICATION GUIDE-MAYThe following numerical guide is a list of the parts of each title of the Codeof Federal Regulations affected by documents published to date during May.

3 CFR Page

PROCLAMATIONS:3410 ------------------- 38513411 ------------------------ 3851

EXECUTIVE ORDERS:6269 ------------------------ 392810472 ----------------------- 391510656 ----------------------- 395110937 ----------------------- 391510938 ----------------------- 395110939 ---------------------- 3951

5 CFR6 --------------------- 3807,3916,3917

6 CFR341 ----------------------------- 3807371 ----------------------------- 3807421 ------------------------ 3873,3879434 ----------------------------- 3881485 ----------------------------- 3952

7 CFR51 ------------------------------ 380755 ------------------------------ 3952878 ---------------------------- 3808922 -.-------------------------- 3955933 ------------------------ 3955,3956953 ----------------------------- 39571025 ---------------------------- 39571033 ------ ------ ........---- _-3916PROPOSED RULES:

962 ------------------------ 3778963 ------------------------- 38151019 -------------------------- 3815

9 CFRPROPOSED RULES:

101 ------------------------- 3813102 ------------------------- 3813103 ------------------------- 3813112 ------------------------- 3813114 -------- ----------------- 3813123 ------------------------- 3813

14 CFR60 ------------------------------ 3917507 ----------------------- 3957,3958600 ------------------------ 3771,3852

14 CFR-Continued Page

601 -------------------- 3771,3852,3958602 ----------------------------- 3917603 ----------------------- 3917608 ----------------------------- 3958609 ------------------- 3852,3859,3866PROPOSED RULES:

221 ------------------------- 3897296 ---------------------- 3897297 -------------------------- 3897514 ------------------------- 3779600 -------------------- 3780,3929601 ---------------- 3780,3818,3929602 ------------------------- 3930

16 CFR13 ---------------- 3917-3922,3960,3961301 ----------------------------- 3771

17 CFR240 ----------------------------- 3810PROPOSED RULES:

210 -------------------- 3819

21 CFR15 ------------------------------ 3771146b ---------------------------- 3772PROPOSED RULES:

120 ------------------------- 3929121 --------------- 3779, 3818, 3929

22 CFR205 ----------------------------- 3773

24 CFR200 ----------------------------- 3961

29 CFR101 ----------------------------- 3885102 ----------------------------- 3885PROPOSED RULES:

602 ----- ------------------- 3778603------------------------ 3778657 ------------------------- 3778

32 CFR538 ----------------------------- 3962

33 CFR202 ----------------------------- 3892203 -------------------------- 3962


7-------------------------

39 CFR168

41 CFR18-7_ --


71

Page

3778

3773

3810

3779

43 CFRPUBLIC LAND ORDERS:

2326 ------------------------ 38102354 -------------------..---- 3810

2355 ------------------------ -3928

46 CFR146157----------175177-178182308 ........... -------PROPOSED RULES:

303135------------------------7 1 --------------------------789197 ------------------------146.

47 CFR

3922392539273927392739273928

37753775377537753775377537753775

1 ------------------------------- 37743 ------------------------------- 3893PROPOSED RULES:

3 --------------------------- 37819 --------------------------- 3897

50 CFR33 --------------------- 3774;3812, 3895

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