Pages 10563-10586 FEIIElo 0 REGiISTER! VOLUME 25 1934 NT NUMBER 216 Washington, Friday, November 4, 1960 Contents Agricultural Marketing Service PROPOSED RULE MAKING: Milk in Greater Kansas City mar- keting area; hearing on pro- posed amendments to tentative agreement and order --------- 10573 Agriculture Department See Agricultural Marketing Serv- ice; Commodity Credit Corpo- ration; Commodity Stabiliza- tion Service. Army Department RULES AND REGULATIONS: Canal Zone; compensation, pay rates and allowances------. 10565 Atomic Energy Commission NOTICES: General Electric Co.; reissuance of export license ------------ 10583 Civil Aeronautics Board PROPOSED RULE MAKING: Air taxi operators; classification and exemption -------------- 10575 Civil Service Commission RULES AND REGULATIONS: Exceptions from competitive serv- ice; Interior Department ---- 10565 Commodity Credit Corporation RULES AND REGULATIONS: Cotton products export program, 1960-61; miscellaneous amend- ments ----------------------- 10566 Commodity Stabilization Service RULES AND REGULATIONS: Peanuts of 1959 and subsequent crops; allotment and marketing quotas -------------------- 10567 Sugarcane in Florida, 1960 crop; prices --------------------- 10568 Defense Department See Army Department. Federal Aviation Agency PROPOSED RULE MAKING: Airworthiness directive; Douglas aircraft ------------------- 10577 Control zone; modification ---- 10578. RULES AND REGULATIONS: Airworthiness directives: Boeing 707-100 Series Aircraft-- 10569 Curtiss-Wright C-46 Series Air- craft -------------------- 10570 Pratt and Whitney JT3C-6 and JT3C-7 Engines ----------- 10569 Federal Housing Administration RULES AND REGULATIONS: Miscellaneous amendments ----. 10571 Federal Power Commission NOTICES: Hearings, etc.: Anisman, Morris, et al -------- 10580 Carter-Jones Drilling Co. et al-_ 10582 Daube, Leon, et al ----------- 10581 Food and Drug Administration PROPOSED RULE MAKING: Food additive; filing of petition-. 10575 Pesticide chemicals In or .on raw agricultural commodities; toler- ances and exemptions -------- 10575 RULES AND REGULATIONS: Food additives; residues of ethion permitted in dried citrus pulp for cattle feed -------------- 10570 Pesticide chemicals in or on raw agricultural commodities; toler- ances for residues of ethion.... 10570 General Services Administration RULES AiD REGULATIONS: Public buildings and grounds; sup- plemental regulations -------- 10571 Health, Education, and Welfare Department See Food and Drug Administra- tion. Housing a n d Home Finance Agency See Federal Housing Administra- tion. Interstate Commerce Commission NOTICES: Detention of motor vehicles; Mid- dle Atlantic and New England territory ---------------------- 10585 Fourth section applications for relief ------------------------- 10585 Motor carrier transfer proceed- ings -------------------------- 10585 Labor Department RULES AND REGULATIONS: Public Document Room; reloca- tion -------------------------- 10572 Securities and Exchange Com- mission NOTICES: Hearings, etc.: Pearson Corp --------------- 10583 Progress Electronics Corp ---- 10583 State Department RULES AND REGULATIONS: Additional compensation; un- healthful posts --------------- 10566 Tariff Commission NOTICES: Hearings, etc.: Baseball and softball gloves ---- 10584 Cantaloupes ----------------- 10584 Nepheline syenite----------- 10584 Watermelons --------------- 10584 Treasury Department NOTICES: Treasury bonds, 3% percept; of- fering -------------------- Treasury notes, 34 percent; offer- (Continued on nut page) 10563 10579 10579
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.
Previously announced: Title 3 ($0.60); Titles 4-5($1.00); Title 7, Parts 1-50 ($0.45); Parts 51-52($0.45); Parts 53-209 ($0.40); Parts 210-399,Revised ($4.00); Parts 400-899, Revised ($5.50);Parts 900-959 ($1.50); Part 960 to End ($2.50);Title 8 ($0.40); Title 9 ($0.35); Titles 10-13($0.50); Title 14, Parts 1-39 ($0.65); Parts 40-399 ($0.75); Part 400 to End ($1.75); Title 15($1.25); Title 16, Revised ($6.50); Title 17($0.75); Title 18 ($0.55); Title 19 ($1.00);Title 20 ($1.25); Title 21 ($1.50); Titles 22-23($0.45); Title 24 ($0.45); Title 25 ($0.45); Title26 (1939), Parts 1-79 ($0.40); Parts 80-169($0.35); Parts 170-182 ($0.35); Parts 300 to End($0.40); Title 26, Part 1 (11 1.01-1.499) ($1.75);Parts 1 (1 1.500 to End)-19 ($2.25); Parts 20-169 ($1.751; Parts 170-221 ($2.25); Parts 222-299 ($1.75); Part 300 to End ($1.25); Titles 28-29 ($1.75); Titles 30-31 ($0.50); Title 32, Parts1-399 ($2.00); Parts 400-699 ($2.00); Parts*700-799 ($1.00); Parts 800-999, Revisedl$3.75); Parts 1000-1099, Revised ($6.50); Part1100 to End ($0.60); Title 32A ($0.65); Title 33($1.75); Title 35, Revised ($3.50); Title 36, Re-vised 1$3.00); Title 37, Revised ($3.50); Title 38($1.00); Title 39 ($1.50); Titles 40-41, Revised($0.70); Title 42, Revised ($4.00); Title 43($1.00); Title 44, Revised ($3.25); Title 45, Re-vised ($3.75); Title 46, Parts 1-145 ($1.00);Parts 146-149, Revised ($6.00); Parts 146-149(1950 Supp. 1) ($0.55); Part 150 to End ($0.65);Title 47, Parts 1-29 ($1.00); Part 30 to End($0.30); Title 49, Parts 1-70 ($1.75); Parts 71-90 ($1.00); Parts 91-164 ($0.45); Part 165 toEnd ($1.00); Title 50 ($0.70); General Index
($1.00).
Order from the Superintendent of Documents,Government Printing Office, Washington 25, D.C.
U'UbU'Uii , Published daily, except Sundays, Mondays, and days following official Federal holidays,by the Office of the Federal Register, National Archives and Records Service, General Serv-ices Administration, pursuant to the authority contained in the Federal Register Act, ap-Telephone V WOrth 3-3261 proved July 2, 1935 (49 Stat. 500, as amended; 44 U.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 REGULA=oNs, which is published, under 50 titles, pur-suant to section 11 of the Federal Register Act, as amended August 5, 1953. The CODE OF FEDERAL REGULATxONS 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 RaisTn, or the CODE Or FMERAL REGULATONS.
Rules and RegulationsTitle 5-ADMINISTRATIVE
PERSONNELChapter I-Civil Service Commission
PART 6-EXCEPTIONS FROM THECOMPETITIVE SERVICE
Department of the InteriorEffective upon publication in the FED-
ERAL REGISTER, paragraph (b) (1) andparagraph (e) (1) of § 6.110 are amendedas set out below.§ 6.110 Department of the Interior.
* * * * *
(b) Bureau of Indian Affairs. (1) Allpositions in the Neepit Lumber Mills onthe Menominee Indian Reservation inWisconsin, until April 30, 1961.
* * 4 * *
(e) Office of Territories. (1) UntilDecember 31, 1961, all positions in Alaskaand in the Alaska Railroad and fourtechnical positions in the Alaska Rail-road Office in Seattle, Washington.(R.S. 1753, sec. 2, 22 Stat. 403, as amended;5 U.S.C. 631, 633)
UNITED STATES CIVIL SERV-ICE COMMISSION,
[SEAL] DAVID F. WILLIAMS,Director,
Bureau of Management Services.[P.R. Doc. 60-10338, Filed, Nov. 3, 1960;
8:45 a.m.]
Chapter II-Employment and Com-pensation in the Canal Zone
PART 204-COMPENSATION ANDALLOWANCES
Subpart C-Pay Rates andAllowances
MISCELLANEOUS AMENDMENTS
Effective upon publication in theFEDERAL REGISTER, §§ 204.15(b) and204.16(b) are amended to read asfollows:§ 204.15 Periodic and longevity in-
creases..
(b) Manual category. Employees inpositions in this category shall be ad-vanced successively to the next higherstep rate within their pay level in ac-cordance with § 25.11 (d), (e), and (f),§§ 25.12 and 25.13, Subpart A, Part 25,this title, as modified below:
(1) The employee must have 26 calen-dar weeks of creditable service withoutan equivalent increase for advancementfrom step 1 to step 2.
(2) The employee must have 78 calen-dar weeks of creditable service withoutan equivalent increase for advancementfrom step 2 to step 3.
(3) Regularly scheduled part-timeservice is credited in the same manner
as full-time service, that is, calendar all employees occupying positions inweek basis rather than actual time in a this category.pay status. Intermittent (w.a.e.) service (4) N e w appointments. Normally,is credited on an hour for hour basis, all new appointments will be made atThe waiting period for intermittent the first step for the position as fixed by(w.a.e.) employees will be 1040 or 3120 the appropriate schedule of wage rates.hours in a pay status during the applic- Exception may be made in setting theable period of not less than 26 or 78 cal- rate at a higher step only if the needsendar weeks as provided in subpara- of the service, in the opinion of thegraphs (1) and (2) of this paragraph. appointing officer, clearly justify such
(4) For the purpose of determining action and the training, experience,entitlement to a periodic step increase skills and knowledge of the appointeewhen an employee is converted from a are sufficient to warrant the exception.Pay Method Category having. a single In such cases, the justification for thestep schedule to the Manual Category action and the attendant circumstanceswhich has a range of steps, an equivalent should be included in the recommenda-increase will be considered to be the tion for the person's appointment.difference between two steps in the new (5) Re-employment. One of the fol-schedule. lowing will apply in setting the rate of
(5) The following are not considered pay:to be equivalent increases: (i) The employee may be given step 1.
(i) An increase in wage rate resulting (ii) The employee may be given anyfrom issuance of a new wage schedule, step which does not exceed his "highestunless otherwise specified by the wage- previous rate".fixing authority; (6) Transfers. One of the following
(ii) -An increase as a result of a pro- will apply in setting the rate of pay, sub-motion to a pay level equal to or lower ject to the pay savings provisions ofthan the pay level from which demoted § 204.18 or Subpart D, Part 25 of thisas a result of reduction in force; title.
(iii) An increase as a result of addi- () The employee may be given step 1.tional pay assignments or payment of (ii) The employee may be given anytropical differential; step that does not exceed the rate of pay
. (iv) An increase as a result of-a pro- received from the releasing agency im-motion specifically designating the ap- mediately prior to transfer.proximate period it will be effective does (iii) The employee may be given anynot constitute an equivalent increase step that does not exceed his "highestwhen the employee returns to the lower previous rate".rating. If the employee is not returned (7) Promotions. One of the followingto the lower rating and the promotion is will apply in setting the rate of pay,made permanent, the waiting period will subject to the pay savings provisions ofbegin as of the date of the temporary § 204.18 or Subpart D, Part 25 of thispromotion. title.
(6) Simultaneous actions: If a peri- (i) If the employee's present rate ofodic increase would be due on the same pay falls below step 1 of the proposedeffective date as the employee is to be pay level, he will be placed in step 1.promoted or changed to lower grade, (ii) If his present rate of pay fallsboth actions will be effective on the same between two authorized steps of the pro-date; however, the periodic step increase posed pay level, he will be given thewill be considered as occurring first. higher step.
(7) Saved rate: If an employee is re- (iii) If his present rate of pay exceedscelving a saved rate in steps 1 or 2 of his step 3 of the proposed level, he will bepresent pay level which exceeds the placed in step 3 at his present rate.scheduled rate of pay for steps 2 or 3, . (iv) If his present rate of pay isthe periodic increase to the next step will exactly the same as one of the author-be effected when it is due even though ized steps of the proposed pay level,he will receive no increase in pay by such he will be given a one step increase. Ifaction. there is no rate in the higher pay level§ 204.16 Individual pay determinations. which is at least a one step increase
above his existing rate of pay, he shall* * * * receive the maximum scheduled rate of
(b) Manual category. Wage determi- such higher pay level, or his existingnations for employees of positions in this rate, whichever is the higher.category shall be made in accordance (v) He may be given any step beyondwith the following: step 1 of the proposed pay level which
(1) General provisions. When does not exceed his "highest previouschanges are made between pay levels rate",within this category, scheduled rates rateshall be used. (8) Reassignments. One of the fol-
(2) H i g h e s t previous rate. The lowing will apply in setting the rate of
"highest previous rate" shall be deter- pay, subject to the pay savings provi-mined in accordance with § 25.102(f), sions of § 204.18, or Subpart D, Part 25Subpart B, Part 25, this title. of this title:
(3) Salary retention. Subpart D, (i) The employee will retain no lessPart 25 of this title shall be applied to than the same step in the proposed pay
10565
RULES AND REGULATIONS
level which he holds in his present paylevel.
(ii) He may be given any step whichdoes not exceed his "highest previousrate".
(9) Changes to lower grade. One ofthe following will apply in setting therate of pay, subject to the pay savingsprovisions of § 204.18, or Subpart D, Part25 of this title except that no increase inpay shall be given when the change tolower grade is a result of unsatisfactoryperformance.
(I) If the employee's existing rate ofpay falls between two authorized stepsof the proposed lower pay level, he maybe given the higher step.
(ii) If his existing rate of pay exceedsstep 3 of the proposed pay level, he maybe given step 3.
(iii) If his existing rate of pay isexactly the same as the rate for one ofthe authorized steps of the proposed paylevel, he may be placed in that step.
(iv) He may be given any step whichdoes not exceed his "highest previousrate."(See. 15, 72 Stat. 405; E.O. 107 9, 23 F.R.9627, 3 CPR 1958 Supp.)
PART 301-ADDITIONAL COMPEN-SATION AND CREDIT GRANTEDCERTAIN EMPLOYEES OF THE FED-ERAL GOVERNMENT SERVINGOUTSIDE THE UNITED STATES
Unhealthful PostsPursuant to section 853 of the Foreign
Service Act of 1946, as amended, and sec-tion 503 of Executive Order 10261 datedJune 27, 1951, as amended, the followingchanges in the list of unhealthful placesin § 301.61 established by ExecutiveOrder No. 5644 of June 8, 1931, asamended by the second paragraph ofExecutive Order No. 6942 of January 8,1935, Executive Order No. 7062 of June 5,1.935, Executive Order No. 10000 of Sep-tember 16, 1948, as amended, and De-partmental Regulations 108.149 of March13, 1952; 108.224 of June 1, 1954; 108.295of August 15, 1956; 108.322 of July 5,1957; 108.367 of July 3, 1958; 108.437 ofJune 14, 1960; and 108.444 of August 9,1960, Mandalay, Burma, and Murree,Pakistan are designated as unhealthfulplaces, effective as of the signature dateof this regulation.(Secs. 303, 443, 853, 60 Stat. 1002, 1006, 1024,sec. 207, 62 Stat. 194, 1205; 22 U.S.C. 843, 888,1093, 5 U.S.C. 118h)
Chapter IV-Commodity StabilizationService and Commodity Credit Cor-poration, Department of Agriculture
SUBCHAPTER C-EXPORT PROGRAMS
[Announcement CN-EX-10, Amdt. 11
PART 482-COTTON
Subpart-1960-61 Cotton ProductsExport Program
MISCELLANEOUS AMENDMENTS
In order to conform the requirementsof this subpart with the current exportcontrol regulations of the Bureau of For-eign Commerce, U.S. Department ofCommerce, the 1960-61 Cotton ProductsExport Program Regulations (Announce-ment CN-EX-10) dated April 19, 1960(25 F.R. 3544), are hereby amended asfollows:
1. Paragraphs (a) and (d) of § 482.359are revised to read as follows:
§ 482.359 Export conditions.
ering any one shipment must be sub-mitted at the Same time. Each documentmust be identified with the registrationnumber assigned by the New York office.Where exportation or transshipmenthas been made to any country or ar6afor which a validated license issued bythe U.S. Department of Commerce, Bu-reau of Foreign Commerce, is required,evidence of exportation shall identifyby license number, in addition to thename and address of the consignee, thelicense issued by that Bureau.
* • * * *
(g) If the cotton products are loadedon board a vessel for shipment to aneligible destination and are destroyed ordamaged while on board such vessel, andthe cotton products or salvage therefromdoes not reenter the continental UnitedStates or does not enter Alaska, Hawaii,or Puerto Rico, or countries covered in§ 482.359(d) without a license, the cottonproducts shall be regarded as having beenexported for the purpose of this subpart.
3. A revised Notice to Exporters ap-pears below. '(Sec. 4, 5, 62 Stat. 1070, as amended, 15 U.C.714b, 714c)
(a) Eligible destinations. An eligible Issued this 1st day of November 1960.destination to which cotton products may CLARENCE D. PALMBY,be exported under this subpart shall be Acting Executive Vice President,any destination outside the continental Commodity Credit Corporation.United States, other than Alaska, Ha-waii, or Puerto Rico, and other than NOTICE TO ExPORTERSa country covered in § 482.359(d), unless (REVISION OF OCTOBER 19, 1960)a license, if required, has been obtained The Department of Commerce, Bureau offrom the Bureau of Foreign Commerce, Foreign Commerde (BFC), pursuant to regu-U.S. Department of Commerce. It is the lations under the Export Control Act ofpolicy of CCC not to make equalization 1949, prohibits the exportation or re-exporta-payments on the export of cotton prod- tion by anyone of any commodities (exceptUCts to countries or areas for which bandages, gauze or absorbent cotton withrespect to Cuba only) under this-programgeneral or specific export licenses will not to Cuba, the Soviet Bloc, or communist-con-be issued by the Bureau of Foreign Coin- trolled areas of the Far East including Com-merce. Accordingly, in making applica- munist China, North Korea, and the com-tion for an export payment under this munist-controlled areas of Vietnam, exceptannouncement, the exporter makes the under validated license issued by the U.S.warranty contained in paragraph (d) of Department of Commerce, Bureau of Foreignthis section. No payments will be made Commerce.
These regulations generally require thatin connection with cotton products ex- exporters, in or in connection with theirported for reentry into the continental contracts with foreign purchasers, where theUnited States, Hawaii, Alaska, or Puerto contract involves $10,000 or more and ex-Rico. portation is to be made to a Group R country
, * . , . or Cuba, obtain from the foreign purchasera written acknowledgement of his under-
(d) Warranty. In making applica- standing of (1) U.S. Commerce Departmenttion for an equalization payment, the prohibitions (Comprehensive Export Sched-exporter represents and warrants that ule, 15 CFR 371.4 and 371.8) against sales orthe cotton products exported pursuant resales for re-export of said commodities, orto this announcement have not and will any part thereof, without express Commercenot be exported by anyone or trans- Department authorization, to the Soviet
Bloc, Communist China, North Korea or theshipped by the exporter or cmused to be communist-controlled area of Vietnam ortransshipped by the exporter to any to Cuba, and (2) the sanction of denialcountry or area for which an export of future U.S. export privileges that may belicense is required under regulations imposed for violation of the Commerce De-issued by the Bureau of Foreign Coin- partment regulations. Exporters who havemerce, U.S. Department of Commerce, a continuing and regular relationship withunless a license for such exportation or a foreign purchaser may obtain a blankettransshipment thereto has been obtained acknowledgement from such purchaser coy-from such Bureau. ering all transactions involving surplus agri-
cultural commodities and manufactures2. Paragraphs (a) and (g) of § 482.361 thereof purchased from CCC or subsidized
are revised to read as follows: for export by the Secretary of Agriculture or§ 482;361 Satisfactory evidence of ex- CCC. Where commodities are to be exportedportations by a party other than the original purchaser
of the commodities from the CCC the orig-" " u * : inal purchaser should Inform the exporter
(a) Separate documents must be sub- in writing of the requirement for obtainingmitted to the New York office for each the signed acknowledgment from the foreignexport shipment, and all documents cov- purchaser.
10566
Friday, November 4, 1960
For all exportations, one of the destina-tion control statements specified in BFCRegulation (Comprehensive Export Schedule,15 CPR 379.10(c) ) is required to be placed onall copies of the shipper's export declara-tion, all copies of the bill of lading, and allcopies of the commericeal invoices. For addi-tional information as to which destinationcontrol statement to use, the exporter shouldcommunicate with the Bureau of ForeignCommerce or one of the field offices of theDepartment of Commerce.
The above statement is with respect to theregulations of the Department of Commerce,as of October 19, 1960. Exporters shouldconsult the applicable regulations for moredetailed regulattns, if desired, and for anychanges that may be made therein subse-quent to such date.
Title 1-AGRICULTUREChapter VII-Com modity Stabiliza-
tion Service (F a r m MarketingQuotas and Acreage Allotments),Department of Agriculture
I Amdt. 61
PART 729-PEANUTS
Allotment and Marketing Quota Reg-ulations for Peanuts of 1959 andSubsequent CropsI. Basis and purpose. (a) The amend-
ment contained herein is issued pursuantto the Agricultural Adjustment Act of1938, as amended (7 U.S.C. 1281 et seq.),for the purpose of revising the Allotmentand Marketing Quota Regulations forPeanuts of the 1959 and SubsequentCrops (23 P.R. 8515; 24 F.R. 2677, 6803,9611, 25 P.R. 897, 8065) to amend § 729.-1011(1) by expanding the definition of"farm peanut history acreage" so as toincorporate the provisions of Public Law86-793.
(b) It is essential that the changesmade by this amendment become effec-tive as soon as possible because suchchanges affect the determination of"farm peanut history acreage" for 1960;such acreage in turn affects the determi-nation of farm peanut allotments for1961. It Is therefore hereby determinedand found that compliance with the no-tice and public procedure requirementsand the 30-day effective date require-ment of section 4 of the AdministrativeProcedure Act (5 U.S.C. 1003), are im-practicable and contrary to the publicinterest and this amendment shall beeffective upon the filing of this documentwith the Director, Division of the Fed-eral Register.
II. Paragraph (1) of § 729.1011 of theAllotment and Marketing Quota Regula-tions for Peanuts of the 1959 and Subse-quent Crops (23 F.R. 8515; 24 F.R. 2677,6803, 9611; 25 F.R. 897, 8065), as amend-ed, is hereby amended to read as follows:
§ 729.1011 Definitions.
(1) (1) "Farm peanut history acreage"for each year beginning with 1957 shallbe an acreage equal to the farm allot-ment: Provided, That beginning with the1960 crop, except for federally-owned
FEDERAL REGISTER
land and subject to the provisions in-corporated herein with respect to farmsacquired by an agency having the rightof eminent domain, the current farmallotment shall not be preserved as his-tory acreage under provisions of thissentence unless for the current year, oreither of the two preceding years, thesum of the final acreage of peanuts andthe acreage regarded as devoted to pea-nuts under the Soil Bank Act or theGreat Plains Program is equal to 75 per-cent or more of the farm acreage allot-ment.1 In the event an erroneous noticeof acreage allotment, coming within theexception contained in paragraph (h)of this section, is not corrected untilafter the peanut crop is planted on thefarm for which such notice was issued,the smaller of the erroneous allotmentor the corrected allotment 1 shall be usedin determining whether the 75 percentrequirement is met. The final acreage inany year on a farm for which a zeroallotment was established or for which noallotment was established shall not betaken into account in determiningwhether the 75 percent requirement ismet. For 1960 and each subsequent yearin which farm peanut history acreage isnot preserved under the provisions ofthe three preceding sentences the farmpeanut history acreage shall be the sumof (i) the final acreage (adjusted tocompensate for abnormal conditionsaffecting acreage if the county commit-tee determines that such action is neces-sary to maintain equitable allotments),(ii) the acreage diverted from the pro-duction, of peanuts under provisions ofthe Soil Bank Act or the Great PlainsProgram, (iii) acreage temporarily re-leased to the county committee underprovisions of § 729.1024, and (iv) theamount of any reduction in the currentyear allotment made pursuant to theprovisions of § 729.1023. Notwithstand-ing any other provisions of this part andsubject only to any limitation imposed bythe provisions of section 377 of the Act,the peanut history acreage for each yearof the base period shall be zero unless inone or more years of the base period thereis acreage in the peanut history acreageof a kind other than acreage releasedto the county committee or acreage re-duction(s) for the violation of marketingquota regulations. The farm peanuthistory acreage for any year shall notexceed the farm peanut allotment for thefarm for such year.
(2) In the determination of "farmpeanut history acreage," the maximumacreage which may be regarded as de-voted to peanuts under the Soil BankAct is the sum of (i) the acreage onthe farm in the conservation reserveat the regular rate under a contractwhich has not been cancelled and hasnot expired (see Part 485 of this title),plus (ii) the acreage on the farm placedin the conservation reserve at the regu-lar rate for which the conservation
'After deducting acreage released to thecounty committee and the amount of anyreduction for violation of marketing quotaregulations in a prior year, but before add-ing reapportioned acreage or the amount ofany increase granted for peanuts of a typedetermined to be in short supply.
10567
contract has been fulfilled and hasexpired but for which a period after theexpiration of the contract equal to theperiod of the contract has not ended,less (lii) any part of the acreage changedunder the provisions of the contractfrom cropland to permanent vegetationwhich is not properly maintained inpermanent vegetation. Also, the acre-age which may be regarded as devotedto peanuts under the Soil Bank Actshall not exceed the amount by whichthe farm allotment' exceeds the finalacreage of peanuts on the farm. If thefarm has an allotment for peanuts andallotments for one or more other com-modities and the acreage placed in theconservation reserve at the regular rate,computed as specified above, is less thanthe sum of the amounts by which therespective allotments 1 exceed the acre-age actually planted (final acreage inthe case of peanuts) to each allotmentcrop on the farm, the acreage placedin the conservation reserve at the regu-lar rate shall be prorated and creditedto each allotment commodity. To pro-rate this acreage, the sum of theamounts by which the respective allot-ments' exceed the acreage actuallyplanted (final acreage in the case ofpeanuts) to each allotment crop on thefarm shall be obtained. This total shallthen be divided into the amount by whichthe peanut allotment' exceeds the finalacreage of peanuts. The percentagethus obtained shall be applied to theacreage on the farm under the conserva-tion reserve at the regular rate. The re-sult shall be the acreage regarded asdevoted to peanuts under the Soil BankAct.
(3) In the determination of "farmpeanut history acreage", the acreage re-garded as devo'ted to peanuts under pro-visions of the Great Plains Program isthe acreage which the county committeedetermines is diverted from the pro-duction of peanuts in order to carry outthe provisions of a contract under suchprogram, or the acreage which the com-mittee determines is diverted from theproduction of peanuts in order to main-tain, for such period after expiration ofsuch a contract as is equal to the periodof the contract, a change in land usefrom cropland to permanent vegetationcarried out pursuant to the contract.The acreage on a farm which is regardedas devoted to peanuts under provisionsof the Great Plains Program shall notexceed the amount by which the farmpeanut allotment 1 exceeds the sum ofthe final acreage and the acreage re-garded as devoted to peanuts under aconservation reserve contract.(Secs. 358, 375, 377, 378, 55 Stat. 88, asamended, 52 Stat. 66, as amended, 70 Stat.206, as amended, 72 Stat. 995, as amended,sec. 16, 49 Stat. 1151, as amended, sec. 112,52 Stat. 31, as amended; 16 U.S.C. 590p,7 U.S.C. 1358, 1359, 1375, 1377, 1378, 1836)
Done at Washington, D.C., this 1st dayof November 1960.
Chapter Viii-Commodity Stabiliza-tion Service (Sugar), Department ofAgriculture
SUBCHAPTER I-DETERMINATION OF PRICES[Sugar Determination 873.131
PART 873-SUGARCANE; FLORIDA
Prices; 1960 CropPursuant to the provisions of section
301(c) (2) of the Sugar Act of 1948, asamended (herein referred to as "act"),after investigation and due considerationof the evidence presented at the publichearing held in Clewiston, Florida, onSeptember 1, 1960, the following determi-nation is hereby issued:§ 873.13 Fair and reasonable prices for
the 1960 crop of Florida sugarcane.
A producer of sugarcane in Floridawho is also a processor of sugarcane(herein referred to as "processor"), shallhave paid, or contracted to pay, forsugarcane of the 1960 crop grown byother producers and processed by him, orshall have processed sugarcane of otherproducers under a toll agreement, inaccordance with the following require-ments.
(a) Definitions. For the purpose ofthis section, the term:
(1) "Price of raw sugar" means thedaily spot quotation of raw sugar of theNew York Coffee and Sugar Exchange(No. 6 domestic contract) adjusted to aduty-paid basis by adding the U.S. dutyprevailing on Cuban raw sugar, exceptthat if the Director of the Sugar Divi-sion determines that such price does notreflect the true market value of rawsugar, because of inadequate volume orother factors, he may designate the priceto be effective under this section whichhe determines will reflect "the true mar-ket value of raw sugar.
(2) "Raw sugar" means raw sugar,960 basis.
(3) "Net sugarcane" means the grossweight of the sugarcane as delivered bya producer to a processor minus a deduc-tion for trash of 4 percent.
(4) "Standard sugarcane" meanssugarcane containing 12.5 percent su-crose in the normal juice.
(5) "Average percent sucrose in nor-mal juice" means the percentage deter-mined by multiplying the season's aver-age percent sucrose In crusher juice ofthe producer's sugarcane by (i) the ratioof the average normal juice sucrose forall Florida mills to the average crusherjuice sucrose for all such mills duringthe most recent 5 years: or (ii) the 1960crop ratio of the average normal juicesucrose to the average crusher juice su-crose at the processor's mill. In apply-ing the method in subdivision (Qi) of thissubparagraph, average crusher juice su-crose shall be obtained by direct analysis;average normal juice sucrose shall becomputed by multiplying the averagedilute juice purity by the average normaljuice Brix; and normal juice Brix shall bedetermined by multiplying the averagecrusher juice Brix by a dry milling fac-tor, obtained by running dry milling tests
supervised by the Florida State ASCOffice. The processor shall elect themethod to be used in determining theaverage normal juice sucrose and shalluniformly use the method selectedthroughout the crop.
(6) "Salvage sugarcane" means sug-arcane containing less than 9.5 percentsucrose in the normal juice.
(7) "State Office" means the FloridaState Agricultural Stabilization and Con-servation Office, Gainesville, Florida.
(8) "State Committee" means theFlorida State Agricultural Stabilizationand Conservation Committee.
(b) Basic price for purchased sugar-cane. (1) The basic price for sugarcanepurchased by a processor from producersshall be not less than $1.07 per ton ofstandard sugarcane for each one centper pound of the average price of rawsugar obtained by weighting the simpleaverage of daily prices of raw sugar foreach month in which sugar is sold by orfor the account of the processor by thequantity of 19'60 crop raw sugar or rawsugar equivalent of the sugar sold duringeach month.
(2) Net sugarcane (except salvagesugarcane) shall be converted to stand-ard sugarcane by multiplying the totalquantity of net sugarcane delivered byeach producer by the applicable qualityfactor in accordance with the followingtable:
Standardsugarcane
Average percent sucrose qualityin normal juice: factor1
' The quality factor for sugarcane of inter-mediate percentages of sucrose in normaljuice shall be interpolated and for sugarcanehaving more than 15.5 percent sucrose in thenormal juice shall be computed in proportionto the immediately preceding interval.
(3) Molasses payment. The processorshall pay for each ton of net sugarcaneground an amount equal to the productof 5.6 gallons times one-half of the aver-age net price realized from the disposalof blackstrap or final molasses, f.o.b.mill tanks, in excess of 4.75 cents per gal-lon, during the 12-month period endingMay 31, 1961.
(4) General. (i) The price for sugar-cane specified in this paragraph is appli-cable to sugarcane loaded on carts ortrucks at the farm, or, if sugarcane istransported by railroad, loaded in rail-road cars at the railroad siding nearestthe farm: Provided, That if a producerdelivers sugarcane directly to the mill theprocessor shall pay the producer fortransporting such sugarcane an amountequal to the cost of transporting sugar-cane (based on gross weight) by railroad
or by other common carrier, whichevercustomarily is used by the processor.
(ii) Deductions for frozen sugarcane,fiber content determinations and deduc-tions, definitions of delivery schedulesand similar specifications employed inconnection with the purchase of 1960crop sugarcane shall be as agreed uponbetween the producer and the processor.
(iii) Nothing in subdivision (ii) ofthis subparagraph shall be construedas prohibiting modification of customsand practices which may be necessarybecause of unusual circumstances, anysuch modification to be reported inwriting by the processor to the StateOffice.
(iv) In the event a general freezecauses abnormally low recoveries ofraw sugar by a processor in relation tothe sucrose test of the sugarcane, pay-ment for such sugarcane may be madeas agreed upon between the producerand the processor -subject to the writtenapproval of the State Office upon adetermination by the State Committeethat the payment is fair and reasonable.
(v) The processor shall submit to theState Office for approval: (a) A state-ment setting forth the weighted aver-age price of raw sugar upon whichsettlements with producers are based;(b) a statement setting forth the grossproceeds and the handling and deliveryexpenses deducted in arriving at thenet price of blackstrap molasses; and(c) a statement prior to the start ofgrinding or within 10 days after thedate of publication of this determina-tion in the FEDERAL REGISTER whicheveris later, specifying the method to be usedin determining the average percentsucrose in normal juice.
(c) Salvage sugarcane. The price forsalvage sugarcane shall be as agreedupon between the processor and the pro-ducer, subject to the approval of theState Office.
(d) Toll agreements. The rate forprocessing sugarcane produced by aprocessor and processed under a tollagreement by another processor shall bethe rate they agree upon.
(e) Applicability. The requirementsof this section apply to that sugarcanegrown by a producer within the propor-tionate share for the farm and processedby the processor for the extraction ofsugar or liquid sugar.
(f) Subterfuge. The processor shallnot reduce returns to the producer belowthose determined in accordance with therequirements of this section through anysubterfuge or device whatsoever.
STATEMENT OF BASES AND CONSIDERATIONS
(a) General. The foregoing determi-nation establishes the fair and reason-able rate requirements which must bemet, as one of the conditions for paymentunder the act, by a producer who proc-esses sugarcane of the 1960 crop grownby other producers.
(b) Requirements of the act. Section301(c) (2) of the act provides as a condi-tion for payment, that the producer onthe farm who is also directly or indi-
10568
Friday, November 4, 1960
rectly a processor of sugarcane, as maybe determined by the Secretary, shallhave paid, or contracted to pay undereither purchase or toll agreements, forsugarcane grown by other producers andprocessed by him at rates not less thanthose that may be determined by theSecretary to be fair and reasonable afterinvestigation and due notice and oppor-tunity for public hearing.
_(c) 1960 price determination. Thisdetermination continues the provisionsof the 1959 crop determination, exceptthat the "price of raw sugar" to be usedin computing settlements with producersfor sugarcane is specifically designated asthe daily spot quotation of the No. 6domestic contract price. .
A public hearing was held at Clewiston,Florida, on September 1, 1960, at whichinterested parties were afforded an op-portunity to testify with respect to fairand reasonable prices for the 1960 cropof sugarcane, Representatives of pro-ducer-processors testified and recom-mended that the provisions of the 1960crop determination be the same as thosefor the 1959 determination. No testi-mony was presented by producers.
Prior price determinations for Floridasugarcane defined the price of raw sugaras the daily spot quotation of the NewYork Coffee and Sugar Exchange (do-mestic contract) which related to baggedsugar and was designated as the No. 6contract. However, early in 1960 theNew York Coffee and Sugar Exchangeput into effect a new domestic contractfor bulk raw sugar designated as. the No.7 contract. The Exchange now reportsthe price of raw sugar for both the No. 6and the No. 7 contracts. This determi-nation specifically retains the spot pricequotation for the No. 6 domestic contractfor raw sugar as the basis for calculatingthe price of sugarcane.
Consideration has been given to therecommendations presented at the hear-ing, to information obtained through in-vestigation and to other pertinent fac-tors. The comparative returns, costs,and profits of producing and processingFlorida sugarcane, obtained throughfield survey for a recent year, have beenrecast in terms of prospective price andproduction conditions for the 1960 crop.Analysis of these data indicates that theprovisions of this determination will con-tinue to provide an equita.ble sharing ofreturns from sugar and molasses basedon the sharing of costs between pro-ducers and processors.
On the basis of examination of all thepertinent factors, the provisions of thisdetermination are deemed to be fair andreasonable.
Accordingly, I hereby find and con-clude that the foregoing price determina-tion will effectuate the price provisionsof the Sugar Act of 1948, as amended.
(See. 403, 61 Stat. 932; 7 U.S.C. 1153. Inter-prets or applies sec. 301, 61 Stat. 929; 7 U.S.C.1131)
A proposal to amend Part 507 of theregulations of the Administrator to in-clude an airworthiness directive requir-ing replacement of the gearshaft onPratt & Whitney Turbo Wasp JT3C-6and JT3C-7 engines, was published in25 P.R. 8794.
Interested persons have been affordedan opportunity to participate in themaking of the amendment. No objec-tions were received. However, the com-pliance statement has been changed toallow an approximate 30-day periodprior to effective date of the adopted ruleby specifying compliance at first engineoverhaul after December 15, 1960, ratherthan November 15, 1960, as proposed.
In consideration of the foregoing, andpursuant to the authority delegated tome by the Administrator (25 F.R. 6489),§ 507.10(a) (14 CFR Part 507), is herebyamended by adding the following newairworthiness directive:PRATT & WHITNEY. Applies to Turbo Wasp
JT3C-7 turbojet engines prior to SerialNumber P632425B and all JT3C-6 turbo-jet engines.
Compliance required at first engine over-haul after December 15, 1960.
To prevent failure of the bevel accessorydrive gearshaft and resultant loss of enginepower, replace P/N 350460 gearshaft withP/N 401493 gearshaft.
A proposal to amend Part 507 of theregulations of the Administrator to in-clude an airworthiness directive requir-ing modifications to Boeing 707-100Series aircraft engine start levers waspublished in 25 F.R. 6988.
Interested persons have been affordedan opportunity to participate in themaking of the amendment. No objec-tions were received. However, as oneoperator proposed an alternative meansfor compliance which may be found ac-ceptable after evaluation, the proposedamendment has been reworded to permitcompliance by FAA approved equivalent
means. The compliance time has beenchanged from 90 days after the effectivedate of the amendment to within 2,500hours' time in service after the effectivedate.
In consideration of the foregoing, andpursuant to the authority delegated tome by the Administrator (25 F.R. 6489),§ 507.10(a) (14 CFR Part 507), is herebyamended by adding the following newairworthiness directive:BoEINo. Applies to the following 707-100
Series aircraft:Serial Numbers 17586 through 17591, 17628
through 17651, 17658 through 17672, 17696through 17702, and 17925 through 17927.
Compliance required within 2,500 hours'time in service after effective date.
Incidents have occurred of the engine startlever slipping toward the "OFP" positioncausing engine flame-out. One such incidentoccurred during takeoff. These incidentswere caused by insecure placement of thestart lever in the "idle" position. In addition,inspections have disclosed the presence ofincorrect parts and improper installationson some airplanes.
Also, in the present starting ignition sys-tem, on some airplanes, the igniter plugfires during initial engine rotation. This hascaused combustion chamber explosions whenfuel vapors were present.
To correct the above unsatisfactory condi-tions, the following modifications or FAAapproved equivalents and inspections arerequired:
I. Modify and inspect the start lever sys-tem as follows:
a. Machine an additional slot at the startposition of the start lever latch in each ofthe start lever guides as shown in Fig. 1 ofBoeing Service Bulletin 369 dated April 15,1959.
b. Ascertain tha the control stand btartlever spacers, P/N 66-19067-1 and -2, andlever guide fillers P/N 66-9256-3, are correctlyinstalled as follows:
(1) The two outboard spacers must beP/N 66-19067-1 and -2 and installed in ac-cordance with Boeing Drawing 65-1795.(Boeing 707 Parts Catalog Fig. 25-2-11 Is inerror In calling for P/Nk66-9256-1 and -2 forItems 28 and 33. Correct P/N's are 19067-1and -2 as indicated above.)
(2) The middle lever guide filler, P/N 66-9256-3, must be installed with the wide sec-tion at the top and not at the bottom. (Item17 in Fig. 75-2-11 of Boeing 707 Parts Catalogis incorrect In that it shows the wide sectionat the bottom.)
c Ascertain that the start lever detentshave a minimum distance of 0.53 inch be-tween the stop strap and the idle detents inaccordance with Bulletin 369.
d. After reinstallation of the start levers,ascertain that the start lever system is prop-erly rigged as covered in Chapter 76 Boeing707-100 Series Maintenance Manual. Thisapplies only to airplanes which require re-moval of the start lever detents formachining the slot.II. Modify the starting ignition system as
follows:a. Remove the jumper wire between the
"COMMON" terminal and "NO" terminal ofeach engine start lever switch (S192, 8193,S194, S195).
b. Install a wire from the "ON" contactflight start and control switches (S188, S189,S190 and 8191) on the pilot's overhead panelto the corresponding engine ignition circuitbreaker bus on the P6 circuit breaker panel.Remove the No. 18 jumper wire between theflight start and ground start terminals of theengine start and control switch. BoeingService Bulletin No. 195 (R-i) dated July 8,1959, and Supplement No. 195 (R-I) A datedAugust 4, 1959, covers these changes.
10569FEDERAL REGISTER
10570
This amendment shall become effectiveDecember 6, 1960.(Sec. 813(a), 601, 603; '72 Stat. 7W2, 775, 776;49 U.S.C. 1354(a), 1421, 1423)
Pursuant to the authority delegated tome by the Administrator (25 F.R. 6489),an airworthiness directive was adoptedon October 21, 1960, and made effectiveimmediately because of the safety emer-gency involved, as to all known air car-rier operators of Curtiss-Wright C-46Series aircraft. Recent inspections dis-closed unapproved inspection openingsin the wing rear spar web.
For this reason it was found that im-mediate corrective action was requiredin the interest of safety, that notice andpublic procedure thereon were imprac-ticable and contrary to the public inter-est and that good cause existed for mak-ing this airworthiness directive effectiveimmediately as to all known air carrieroperators of Curtiss-Wright C-46 Seriesaircraft by individual .telegrams datedOctober 21, 1960. It is hereby publishedas an amendment to § 507.10(a), (14CFR 507), and shall become effectiveupon the date of its publication in theFEDERAL REGISTER as to all other persons:
CURTISS-WRIGHT. Applies to all, C-46 Seriesaircraft.
Compliance required as indicated.As a result of recent inspections of C-46
aircraft, unapproved inspection openings ap-proximately 3 inches by 5 inches have beenfound in the wing rear spar web at the in-board flap actuator.
(a) Prior to further flight visually inspectrear face of rear spar web at flap actuators'by extending flap.
(b) Cargo aircraft found to have unap-proved openings in the rear spar web musthave an approved repair accomplishedwithin not more than 25 flight hours. Pend-.ing accomplishment of an approved repairthe inspection in paragraph (a) must beaccomplished after each landing and furtherflight not authorized if cracks or other dam-age are found.
(c) Passenger aircraft found to have un-approved openings in the rear spar web musthave an approved repair accomplished beforenext flight with passengers. Special flightpermits may be obtained for the purpose ofpermitting aircraft to be ferried to a basewhere repairs can be made.
This amendment shall become effec-tive upon publication in the FEDERALREGISTER as to all persons not receivingindividual notice by telegram dated Oc-tober 21, 1960.(Sec. 313(a), 601, 603; 72 Stat. 702, 775, 776;49 U.S.C. 1354(a), 1421, 1423)
Title 21-FOOD AND DRUGSChapter I-Food and Drug Adminis-
tration, Department of Health, Edu-cation, and Welfare
SUBCHAPTER B-FOOD AND FOOD PRODUCTS
PART 120-TOLERANCES AND EX-EMPTIONS F R 0 M TOLERANCESFOR PESTICIDE CHEMICALS IN ORON RAW AGRICULTURAL COM-MODITIES
Tolerances for Residues of Ethion
A petition was filed with the Food andDrug Administration by Niagara Chem-ical Division, Food Machinery andChemical Corporation, Middleport, NewYork, requesting the establishment oftolerances for residues of ethion(0,0,0',O' -tetraethyl S,S'-methylenebisphosphorodithioate) in or on citrusfruits (citrus citron, grapefruit, kum-quats, lemons, limes, oranges, tangelos,and tangerines) and meat byproductsfrom cattle at 1 part per million. Later,the requests for tolerances on citruscitron, kumquats, lemons, limes, tange-los, tangerines and meat byproducts fromcattle were withdrawn.
Data before the Commissioner showthat residues of this pesticide chemicalin citrus-pulp cattle feed (made from-grapefruit and oranges bearing residueswithin the 1 part per million tolerancelevel) will not transmit into meat andmilk. There is no basis for establishinga tolerance for this pesticide chemicalin meat and milk at a level higher thanzero.
The Secretary of Agriculture has cer-tified that this pesticide chemical is use-ful for the purposes for which tolerancesare being established.
After consideration of the data sub-mitted in the petition and other relevantmaterial which show that the tolerancesestablished in this order will protect thepublic health, and by virtue of the au-thority v.ested in the Secretary of Health,Education, and Welfare by the FederalFood, Drug, and Cosmetic Act (sec. 408(d) (2), 68 Stat. 512; 21 U.S.C. 346a(d)(2)) and delegated to the Comrlissionerof Food and Drugs by the Secretary (21CFR 120.7(g)), the regulations for tol-erances for pesticide chemicals in or onraw agricultural commodities (21 CFR120.173) are amended by adding grape-fruit and oranges to the list of rawagricultural commodities for which tol-erances have been established. All para-graph designations are hereby deleted tofacilitate the insertion of new tolerances.As amended 1 120,173 reads as follows:
§ 120.173 Tolerances for residuesethion.
Tolerances for residues of ethion(O,O,O',O'-tetraethyl 8,S'-methylenebisphosphorodithioate) in or on raw ag-ricultural commodities are established asfollows:
I part per million in or on apples,beans, grapefruit, grapes, melons, onions,oranges, peaches, pears, plums, prunes,strawberries, tomatoes.
Zero in meat and milk.
Any person who will be adversely af-fected by the foregoing order may at anytime prior to the thirtieth day from thedate of its publication in the FEDERALREGISTER file with the Hearing Clerk,Department of Health, Education, andWelfare, Room 5440, 330 IndependenceAvenue SW., Washington 25, D.C., writ-ten objections thereto. Objections shallshow wherein the person filing will beadversely affected by the order, andspecify with particularity the provisionsof the order deemed objectionable andthe grounds for the objections. If ahearing is requested, the objections muststate the issues for the hearing. A hear-ing will be granted if the objections aresupported by grounds legally sufficientto justify the relief sought. Objectionsmay be accompanied by a memorandumor brief in support thereof. All docu-ments shall be filed in quintuplicate.
Effective date. This order shall beeffective upon publication in the FEDERALREGISTER.
Subpart C-Food Additives Permittedin Animal Feed or Animal FeedSupplements
ETHION; RESIDUES PERMITiED IN DRIEDCITRUS PULP FOR CATTLE FEED
The Commissioner of Food and Drugs,having evaluated the data submitted ina petition filed by Niagara ChemicalDivision of Food Machinery and Chemi-cal Corporation, 100 Niagara Street,Middleport, New York, and other rele-vant material, has concluded that thefollowing food additive regulation shouldissue in conformance with section 409of the Federal Food, Drug, and CosmeticAct, with respect to residues of ethion(0,0,O',O'-tetraethyl SS'-methylenebisphosphorodithioate) present in dehy-drated citrus pulp. The ethion residueresults from the application of the pesti-cide to citrus during the growing season.A regulation under section 408 of the actcurrently establishes a tolerance of 1part per million of ethion on certaincitrus fruits and a previous regulationsets zero tolerances for ethion in meat
Friday, November 4, 1960
and milk. Therefore, pursuant to theprovisions of the act (sec. 409(c) (1), 72Stat. 1786; 21 U.S.C. 348(c) (1)), andunder the authority delegated to theCommissioner by the Secretary ofHealth, Education, and Welfare (25 F.R.8625), Subpart C (21 CFR Part 121) ofthe food additive regulations is amendedby adding to Subpart C the followingnew section:§ 121.211 Ethion (O,O,O',0-tetraethyl
S,S'-methylene bisphosphorodithio-ate).
A tolerance of 5 parts per million isestablished for residues of ethion in de-hydrated citrus pulp for cattle feed whenpresent therein as a result of the appli-cation of the pesticide in the growingagricultural crop.
Any person who will be adversely af-fected by the foregoing order may at anytime prior to the thirtieth day from thedate of its publication in the FEDERALREGISTER file with the Hearing Clerk,Department of Health, Education, andWelfare, Room 5440, 330 IndependenceAvenue SW., Washington 25, D.C., writ-ten objections thereto. Objections shallshow wherein the person filing will beadversely affected by the order, specifywith particularity the provisions of theorder deemed objectionable and thegrounds for the objections. If a hearingis requested, the objections must statethe issues for the hearing. A hearingwill be granted if the objections are sup-ported by grounds legally sufficient tojustify the relief sought. Objections maybe accompanied by a memorandum orbrief in support thereof. All documentsshall be filed in quintuplicate.
Effective date. This order shall beeffective on the date of its publicationin the 'EDERAL REGISTER.
Chapter 1I-Federal Housing Ad-ministration, Housing and HomeFinance Agency
MISCELLANEOUS AMENDMENTS TOCHAPTER
The following miscellaneous amend-ments have been made to this chapter:
SUBCHAPTER A-GENERAL
PART 200-INTRODUCTION
Subpart D-Delegations of BasicAuthority and Functions
In Part 200 the pertinent sectionheadings in the Table of Contents areamended to read as follows:
No. 216--2
FEDERAL REGISTER
sec.200.64 Assistant Commissioner for Pro-
grams and Deputy.200.76 Assistant Commissioner for Title I
and Deputy.200.105 National emergency.
In § 200.64 the introductory text isamended to read as follows:
§ 200.64 Assistant Commissioner f o rPrograms and Deputy.
To the position of Assistant Commis-sioner for Programs and under his gen-eral supervision to the position ofDeputy Assistant Commissioner forPrograms there is delegated the follow-ing basic .authority and functions:
In § 200.76 the introductory text andparagraph (a) are amended to read asfollows:
§ 200.76 Assistant Commissioner f o rTitle I and Deputy.
To the position of Assistant Commis-sioner for Title I and under his generalsupervision to the position of DeputyAssistant Commissioner for Title I thereis delegated the following basic authorityand functions:
(a) To direct the activities of theTitle I Division.
. In § 200.85 paragraph (a) is amendedto read as follows:
§ 200.85 Executive Board.
(a) Members. The committee calledthe Executive Board is comprised of thefollowing m e m b e r s: Commissioner,Chairman; Deputy Commissioner (Op-erations), Deputy Commissioner (Ad-ministration), Vice Chairmen; GeneralCounsel; Assistant Commissioner forField Operations; Assistant Commis-sioner for Mortgages and Properties;Assistant Commissioner for TechnicalStandards; Assistant Commissioner forPrograms; Assistant Commissioner forTitle I; Assistant Commissioner for Au-dit and Examination; and Comptroller.
In § 200.89 paragraph (a) (1) isamended to read as follows:
§ 200.89 Substantial Compliance Com-mittee.
(a) Members. (1) The SubstantialCompliance Committee is comprised ofthe following members: Assistant Com-missioner for Title I, Chairman; Assist-ant Commissioner for Programs; theComptroller and the General Counselor his designee.
Part 200 is amended by adding a new§ 200.105 as follows:
§ 200.105 National emergency.
To all Field Office Directors, AssistantDirectors and Chief Underwriters thereis delegated, immediately upon declara-tion by the President of a national emer-gency or in event of an enemy attack,authority to designate certifying offi-cers and to revoke such designationsand to execute and submit to the Treas-ury Department necessary statementsand schedules with respect thereto, pur-suant to Public Law 389, approvedDecember 29, 1941 (31 U.S.C. 82b-82e),and the standards and procedures ofthe Secretary of the Treasury there-
10571
under. This authority shall be exer-cised only in the event the CommissionerIs unable to act in his official capacity.(Sec. 2, 48 Stat. 1246, as amended; sec. 211,52 Stat. 23, as amended; sec. 607, 55 Stat.61, as amended; sec. 712, 62 Stat. 1281,as amended; sec. 807, 69 Stat. 651, asamended; sec. 907, 65 Stat. 801. as amended;12 U.S.C. 1703, 1715b, 1742, 1747k, 1748f,1-750f)
SUBCHAPTER F-URBAN RENEWAL AND NEIGH-BORHOOD CONSERVATION HOUSING IN-SURANCE
PART 263-URBAN RENEWAL INSUR-ANCE; ELIGIBILITY REQUIREMENTSOF MULTIFAMILY PROJECT MORT-GAGE
Section 263.9a is amended by addinga new paragraph (d) as follows:
§ 2 6 3.9a Classification of mortgagors.
(d) Individual mortgagors. Subjectto such requirements as the Commis-sioner may prescribe a mortgagor maybe an individual in the case of a rehabili-tation project consisting of not less thanfive nor more than eleven dwelling units.(Sec. 211, 52 Stat. 23; 12 U.S.C. 1715b. In-terprets or applies sec. 220, 68 Stat, 596, asamended; 12 U.S.C. 1715k)
TAXICAB REGULATIONS FOR BUILDINGS ANDGROUNDS IN WASHINGTON METROPOLI-TAN AREA OVER WHICH THE- UNITEDSTATES HAS EXCLUSIVE CRIMINAL JURIS-DICTION AND WHICH ARE UNDER THECHARGE AND CONTROL OF THE GENERALSERVICES ADMINISTRATION
Sections 100.41 to 100.44 are added asfollows:Sec.100.41 Taxicab operation.100.42 Exceptions.100.43 Definition.100.44 Penalties.
AUTHORrY: §§ 100.41 to 100.44 issued undersee. 2, 62 Stat. 281, as amended: 40 U.S.C.318a.
§ 100.41 Taxicab operation.
The regulations in §§ 100.41 to 100.44govern the use by taxicab drivers or op-erators of pick-up lanes or stands orother passenger loading points located
RULES AND REGULATIONS
within the buildings or upon the groundsof any federally owned property situatedin the Washington Metropolitan Areaover which the United States has exclu-sive criminal jurisdiction and which isunder the charge and control of the Gen-eral Services Administration. The regu-lations in §§ 100.41 to 100.44 are appli-cable at all times and are in addition toany other rules and regulations.
(a) No person shall, for the purposeof soliciting or of picking up passengers,drive or operate a taxicab in the build-ings or upon the grounds of any federallyowned property in the Washington Met-ropolitan Area over which the UnitedStates has exclusive criminal jurisdictionand which is under the charge and con-trol of the General Services Administra-tion unless:
(1) The taxicab is duly registered,and the driver or operator is duly li-censed to drive or to operate a taxicab,by the proper local government authorityin at least one of the following juris-dictions; The District of Columbia; thecities of Alexandria or Falls Church, orthe counties of Arlington or Fairfax, inthe State of Virginia; or the counties ofMontgomery or Prince Georges in theState of Maryland; or
(2) When requested by a uniformedguard employed by the General ServicesAdministration, the driver displays tosuch uniformed guard his public vehicledriver's license or hacker's permit, anda registration card for the taxicab, issuedby the proper local government author-ity in a jurisdiction listed in subpara-graph (1) of this paragraph showingthat the driver is duly licensed to driveor to operate the taxicab and that thetaxicab is duly licensed to be operated assuch.
§ 100.42 Exceptions.
The regulations In §§ 100.41 to 100.44shall not apply to a taxicab and its driver
or operator entering federally ownedproperty for the purpose of dischargingpassengers, provided such driver or op-erator does not solicit or pick up passen-gers while on such federally ownedproperty.
§ 100.43 Definition.
As used in §§ 100.41 to 100.44, the term"Washington Metropolitan Area" meansthe District of Columbia, the cities ofAlexandria and Falls Church in the Stateof Virginia, and the areas now embracedby the counties of Arlington and Fairfaxin the State of Virginia and the countiesof Montgomery and Prince Georges inthe State of Maryland.
§ 100.44 Penalties.
Whoever shall be found guilty of vio-.lating the regulations in §§ 100.41 to100.43 shall be fined not more than $50.00or imprisoned for not more than thirtydays or both.
Dated: October 27, 1960.
FRANKLIN FLOETE,Administrator.
IF.R. Doc. 60-10358; Filed, Nov. 3, 1960;8:49 a.m. I
Title 29-LABORSubtitle A-Office of the Secretary of
Labor
PART 2-GENERAL REGULATIONS
Relocation of the Public DocumentRoom
Paragraph (b) of 29 CFR 2.11 providesfor public examination of copies of de-scriptions of welfare and pension benefitplans filed pursuant to the Welfare andPension Plans Disclosure Act of 1959 (72Stat. 997, 29 U.S.C. 301) in the Public
Document Room of the United StatesDepartment of Labor. The location ofthat room given in 29 CFR 2.11(b) hasbeen changed. In order to correct thisanachronism, and under the authority ofsection 8 of the Welfare and PensionPlans Disclosure Act (72 Stat. 1002, 29U.S.C. 307), and 5 U.S.C. 22, 29 CFR2.11(b) is hereby amended to read asfollows:
§ 2.1] Filing of copies of the descriptionof employee welfare or pension bene-fit plans and copies of each annualreport thereon under Section 8 of theWelfare and Pension Plans Dis-closure Act, and examination thereofin the Public Document Room of theU.S. Department of Labor.* * * * *
(b) Copies of the descriptions of wel-fare or pension benefit plans, amend-ments or modifications thereto, andannual reports thereon, on file with theWelfare and Pension Reports Divisionshall be made available for public ex-amination in the Public Document Roomof the U.S. Department of Labor, locatedin the Mather Building, 916 G StreetNW., Washington 25, D.C., on regularwork days, during regular business hourscommencing at 8:15 a.m. and ending at4:45 p.m.
Because this amendment is concernedwith agency management and its pur-pose is to reflect an existing fact, it shallbecome effective without public proce-dure or other delay in its effective date.
Notice of H e a r i n g on ProposedAmendments to Tentative Market-ing Agreement and Order
Pursuant to the provisions of the Agri-cultural Marketing Agreement Act of1937, as amended (7 U.S.C. 601 et seq.),and the applicable rules of practice andprocedure governing the formulation ofmarketing agreements and marketingorders (7 CFR Part 900), notice is herebygiven of a public hearing to be held at theBellerive Hotel, Armour and WarwickBoulevards, Kansas City, Missouri, be-ginning at 10:00 a.m., c.s.t., on Novem-ber 15, 1960, with respect to proposedamendments to the tentative marketingagreement and to the order, regulatingthe handling of milk in the Greater Kan-sas City marketing area.
The public hearing is for the purposeof receiving evidence with respect to theeconomic and marketing conditionswhich relate to the proposed amend-ments, hereinafter set forth, and any ap-propriate modifications thereof, to thetentative marketing agreement and tothe order.
The proposed amendments, set forthbelow, have not received the approval ofthe Secretary of Agriculture.
Proposed by Pure Milk Producers As-sociation of Greater Kansas City, Inc.;Shawnee Milk Producers Association andProducers Creamery Company:
Proposal No. 1. Add new section tothe order as follows:§ 913.- Unfair methods of competition.
Each handler shall refrain from actswhich constitute unfair methods of com-petition by way of indulging in any prac-tices with respect to the transportationof milk for, and the supplying of goodsand services to, producers from whommilk is received, which tend to defeatthe purpose and intent of the terms andprovisions of this part.
"Producer milk" means only the skimmilk or butterfat contained in milk (a)received at a pool plant directly fromproducers, (b) received by a cooperativeassociation in its capacity as a handlerpursuant to § 913.11 (c) or (d); or (c)diverted from a pool plant to a nonpoolplant4n accordance with § 913.7.
Proposal No. 3. Amend § 913.14 toread as follows:
§ 913.14 Other source milk."Other source milk" means all skim
milk and butterfat contained in:(a) Receipts during the delivery
period of fluid milk products except (1)fluid milk products received from otherpool plants and cooperative associationsacting in capacity of handler'pursuantto § 913.11 (c) and (d), or (2) producermilk, and
(b) Products, other than fluid milkproducts, from any source (includingthose produced at the plant) which arereprocessed or converted to anotherproduct in the plant during the month.
Proposal No. 4. Add a new definitionsection to read as follows:
§ 913.- Approved milk.
"Approved milk" means any skim milkor butterfat contained in producer milkor in milk, skim milk or cream which isapproved as Grade A milk by appropriatehealth authority for distribution in themarketing area as Class I and which isreceived from another pool plant or acooperative association acting in capac-ity of a handler:
Proposal No. 5. Amend § 913.41 toread as follows:
§ 913.41 Classes of utilization.
Subject to the conditions set forth in§§ 913.43 and 913.44, the classes of uti-lization shall be as follows:
(a) Class I milk shall be all skimmilk and butterfat (1) disposed of forconsumption in the form of fluid milkproducts except those classified pursuantto paragraph (b) (5) of this section,or (2) not specifically accounted for asClass II utilization;
(b) Class II shall be all skim milkand butterfat:
(1) Used to produce any productsother than fluid milk products;
(2) Used for starter churning, whole-sale baking and candy making purposes;
(3) Disposed of as livestock feed;(4) In skim milk dumped after prior
notification to and opportunity for veri-fication by the market administrator;
(5) In inventory of fluid milk productson hand at the end of the month;
(6) In shrinkage allocated to receiptsof approved milk but not in excess of:
(i) Two percent of receipts of skimmilk and butterfat in milk received fromproducers (except producer milk divertedin cans to nonpool plant pursuant to§ 913.7) and from cooperative associ-ation acting in capacity of handler pur-suant to § 913.11(d) ;
(ii) Plus 1.5 percent of receipts ofskim milk and butterfat respectivelytransferred in bulk tank lots from otherpool plants or received directly from acooperative association which is the.handler for such milk pursuant to§ 913.1i(c): Provided, That if a poolplant is purchasing such milk from co-operative association on basis of farm
weights determined by farm bulk tankcalibrations, such handler shall receivethe full 2 percent shrinkage with propernotification to the market administrator.
(iiI) Less, 1.5 percent of skim milkand butterfat respectively, disposed ofin bulk tank lots; and
(7) In shrinkage allocated to receiptsof other source milk.
Proposal No. 6. Amend § 913.45 toread as follows:
§ 913.45 Computation of skim milk altdhuttcrfat in each class.
For each delivery period, the marketadministrator shall correct mathemati-cal and other obvious errors in thereport of receipts and utilization sub-mitted by each handler and shall com-pute the total pounds of skim milk andbutterfat, respectively, in Class I milkand Class II milk for such handler: Pro-vided, That if any of the water containedin the milk from which a product ismade is removed before the product isutilized or disposed of by a handler, thepounds of skim milk used or disposed ofin such product shall be considered tobe a quantity equivalent to all the nonfatmilk solids contained In such productplus all of the water originally associ-ated with such solids.
Proposal No. 7. Amend § 913.'52 toread as follows:
(a) For Class I milk, multiply thebutter price specified in § 913.50(b) (1)by 1.2 divide the result by 10; and roundto the nearest one-tenth of a cent.
(b) For Class II milk, multiply thebutter price specified in § 913.50(b) (1)by 1.15 divide the result by 10; andround to the nearest one-tenth of a cent.
Proposal No. 8. Amend § 913.53 toread as follows:
§ 913.53 Location adjustments to han-dlers.
(a) For milk which is received fromproducers at a pool plant located morethan 60 miles by shortest highway dis-tance, as determined by the market ad-ministrator, from the City Hall in Kan-sas City, Missouri; Lawrence, Kansas;Topeka, Kansas; Manhattan, Kansas;Council Grove, Kansas; or Emporia,Kansas; whichever is closest, and whichis classified as Class I milk the pricescomputed pursuant to § 913.51(a) shallbe reduced by 16 cents if such plant islocated more than 60 miles but not morethan 70 miles from such City Hall andby an additional one cent for each 10miles or fraction thereof that such dis-tance exceeds 70 miles.
(b) Milk moved in bulk from a plantas defined in § 913.10 (b) or (c) to a plantas defined in § 913.10(a) shall be con-sidered to be Class I milk to the extentthat the Class I milk disposed of fromthe transferee plant exceeds receipts ofmilk from producers' farms: Provided,That if milk is received by a plant de-
10573
PROPOSED RULE MAKING
fined in § 913.10(a) from more than oneplant, the milk so classified as Class Ishall be deemed to have been transferredfrom the transferor plants In the orderof their lowest applicable locationadjustment.
Proposal No. 9. Amend § 913.80(d) toread as follows:
(d) To a cooperative association whichis defined as the handler on producermilk pursuant to § 913.1-1 (c) and/or (d) :
(1) On or before the 20th day of thedelivery period a stun of money equal torate referred to in paragraph (b) timesvolume received during first 15 days ofthe delivery period, and
(2) On or before the 14th (lay afterthe end of each delivery period a sum ofmoney which is not less than the valueof such milk as classified pursuant to§ 913.44(a) and § 913.46, at the appli-cable respective class prices less pay-ment made pursuant to paragraph (d)(1 of this section.
Proposal No. 10. Amend § 913.81 toread as follows:§ 913.81 Location adjustment to pro-
ducers.
In making payments to producers pur-suant to § 913.80(a), for all milk re-ceived during the months of Augustthrough January and for base milk re-ceived during the months of Februarythrough July, at a pool plant located 60miles or more from the City Hall in Kan-sas City, Missouri; Lawrence, Kansas;Topeka, Kansas; Manhattan, Kansas;Council Grove, Kansas; or Emporia,Kansas, whichever is closest, by shortesthighway distance as determined by themarket administrator, there shall be de-ducted 16 cents per hundredweight ofmilk for distances of 60 to 70 miles, in-clusive, plus an additional one cent foreach additional 10 miles or fractionthereof in excess of '0 miles.
The market administrator shall estab-lish and maintain a separate fund knownas the "producer-settlement fund" intowhich he shall deposit all funds receivedpursuant to paragraphs (a) and (b) ofthis section and out of which be shallmake all payments required pursuant toparagraph (c) of this section.
(a) Payments made by handlers pur-suant to §§913.61(a)(1) and (b)(1),913.84 and 913.86.
(b) Payments received from the ad-ministrator of another order issued pur-suant to the Act which have been re-quired under such order with kespect tomilk distributed in the marketing areaof such order from pool plants regulatedby this order.
(c) Payments due handlers pursuantto §§ 913.61, 913.85 and 913.86: Provided,That payments due to any handler shallbe'offset by payments due from suchhandler pursuant to §§ 913.61, 913.84,913.86, 913.87 and 913.88.
Proposal No. 12. Amend § 913.86(b)to read as follows:
(b) Overdue accounts. Any unpaidobligation of a handler or of the market
administrator pursuant to §§ 913.61,913.80, 913.84, 913.85, 913.86(a), 913.87and 913.88 shall be increased one-half ofone percent for each month or portionthereof that such payment is overdue.
Proposed by Producers CreameryCompany:
Proposal No. 13. Delete so much of§ 913.9 Approved Plant, as reads "or por-tion thereof".. Proposal No. 14. Delete all of § 913.10,
Pool Plant and substitute in lieu thereofthe following:
§ 913.10 Pool plant.
Pool Plant means:(a) An approved plant from which
not less than 50 percent of its receiptsof approved milk during the month isdisposed of as Class I milk to wholesaleor retail outlets (including sales throughplant stores or vendors but not includingsales to pool plants or nonpool plants)and from which not less than 10 percentof such receipts is disposed of as Class Imilk in the marketing area to wholesaleor retail outlets (including sales throughplant stores or vendors, but not includ-ing sales to pool plants or nonpoolplants).
(b) A supply plant from which aquantity of milk equal to at least 50 per-cent of. its supply of approved milk isshipped to plants described in paragraph(a) of this section during any month:Provided, That if a supply plant quali-fies as a pool plant during each of themonths of August through Decembersuch plant shall be designated as a poolplant during each of the subsequentmonths through the following Julyunless such plant requests nonpooldesignation by means of prior writtenapplication to the market administrator.
(c) Which is operated by a cooperativeassociation and 65 percent or more ofthe milk delivered during the deliveryperiod by producers who are membersof such association is received at thepool plant of other handlers.
(d) For the purpose of this sectionmilk diverted to a nonpool plant shallbe deemed to have been received at thepool plant from which it was diverted.
Proposal No. 15. Add a definition toread as follows:
§ 913.- Approved milk.
Approved milk means any skim milkor butterfat contained in producer milk,or in milk, skim milk, or cream whichis received from a pool plant and whichis approved by the appropriate healthauthority kor distribution as Class I milkin the marketing area.
Proposal No. 16. Amend § 913.51(b) (1)by deleting the words "plus 15 cents"and substituting in lieu thereof the words"plus 19 cents" and by deleting from§ 913.51(b) (2) (iil) the words "78 cents"and substitute in lieu thereof the words"74 cents".
Proposal No. 17. Change § 913.51(a)and (b) so as to round price announce-ments for the Class I and Class II price*to the nearest cent.
Proposed by Sealtest Foods Division,National Dairy Products Corporation.
Proposal No. 18. Amend § 913.46(a)by adding a paragraph (1) (i) betweensubparagraph (1) and (2) in the follow-ing language:
(1) (i) Subtract from the total poundsof skim milk in Class I milk the poundsof skim milk receivec in the form of sourcream in consumer packages if such sourcream was disposed of as the same prod-uct in the same consumer packages andwas priced as Class I milk under theorder. regulating the handling of milk inthe St. Louis, Missouri, marketing area:Provided, That this subtraction shall notbe made if any sour cream is made dur-ing the month at the pool plant of thehandler.
By revising paragraph (2) to read asfollows:
(2) Subtract from the pounds of skimmilk remaining in each class, in seriesbeginning with Class II the pounds ofskim milk in other source milk, otherthan that subtracted pursuant to sub-paragraph (1) (i) and (3) of thisparagraph.
By revising paragraph (3) to read asfollows:
(3) Subtract from the pounds of skimmilk remaining in each class, in seriesbeginning with Class II milk the poundsof skim milk in other source milk, otherthan that subtracted pursuant to sub-paragraph (1) (i). above, received from aplant at which the handling of. milk isfully subject to the pricing and paymentprovisions of another marketing agree-ment or order issued pursuant to the Act.
Proposal No. 19. Amend §§ 913.18 and913.41 to provide Class II classificationfor blends of soured mixtures of creamand milk with cheese -and other fooditems in amount equal to not less than 3percent of the finished product and con-taining butterfat equal to not more than15 percent of the finished product.
Proposed by the National Cheese Com-pany, 644 West Randolph Street, Chicago6, Illinois:
Proposal No. 20. Amend § 913.46 sothat sour cream manufactured from milksubject to the price and pooling of Chi-cago, Illinois, Market Order No. 41, beallocated to Class I at pool plants underany of the orders where such sour creamis received, handled, and distributed inthe same consumer or institutional sizepackages in which it is received.
Proposed by the Dairy Division, Agri-cultural Marketing Service:
Proposal No. 21. Revise § 913.70(d) toavoid computing payments on inventorywhen allocated to Class II in precedingmonth pursuant to § 913.46(a) (3), andto apply location adjustments to compu-tation of payments provided therein.
Make such changes as may be neces-sary to make the entire marketing agree-ment and the order conform with anyamendments thereto that may resultfrom this hearing.
Copies of this notice of hearing andthe- order may be procured from theMarket Administrator, 220 Plaza Espla-nade Building, 424 Nichols Road, KansasCity 12, Missouri, or from the HearingClerk, Room 112, Administration Build-ing, United States Department of Agri-
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Friday, November 4, 1960
culture, Washington 25, D.C., or may bethere inspected.
Issued at Washington, D.C., this 1stday of November 1960.
TOLERANCES A N D EXEMPTIONSFROM TOLERANCES FOR PESTI-CIDE CHEMICALS IN OR ON RAWAGRICULTURAL COMMODITIES
Notice of Filing of Petition for Estab-lishment of Tolerances for Residuesof Heptachlor Including Its Epoxide
Pusuant to the provisions of the Fed-eral Food, Drug, and Cosmetic Act (sec.408(d) (1), 68 Stat. 512; 21 U.S.C. 346a(d) (1)), the following notice is issued:A petition has been filed by Velsicol
Chemical Corporation, 330 East GrandAvenue, Chicago, Illinois, proposing theestablishment of tolerances for residuesof heptachlor including its epoxide in oron raw agricultural commodities, asfollows:
1.0 part per million in or on carrots.0.3 part per million in or on potatoes and
turnips.0.2 part per million in or on peanuts and
radishes.0.1 part per million in or on beans, cabbage,
lettuce, peas (including cowpeas and black-eyed peas), rutabagas, sweetpotatoes.
The analytical method proposed in thepetition for determining residues ofheptachlor including its epoxide is thatof Polen and Silverman for heptachlorpublished in Analytical Chemistry, Vol-ume 24, page 733 (1952), as modified byOrdas et al., published in the Journal ofAgricultural and Food Chemistry, Vol-ume 4, page 444 (1956), and by Meyeret al., published in the Journal of Agri-cultural and Food Chemistry, Volume 8,page 183 (1960).
Dated: October 28, 1960.
[SEAL] ROBERT S. ROE,
Director, Bureau o1 Biologicaland Physical Sciences.
Pursuant to the provisions of theFederal Food, Drug and Cosmetic Act(sec. 409(b) (5), 72 Stat. 1786; 21 U.S.C.348(b) (5)), notice is given that petitionhas been filed by J. M. Huber Corpora-tion, 630 Third Avenue, New York 17,New York, proposing the issuance of a
regulation to provide for the use ofsodium aluminosilicate and sodium cal-cium aluminosilicate in reinforcing pig-ments in rubber compounds and as fillersand coating ingredients in paper forfood packaging.
Dated: October 31, 1960.
[SEAL] J. K. KIRK,Assistant to the Commissioner
of Food and Drugs..
IF.R. Doc. 60-10355; Filed, Nov. 3, 1960;8:48 a.m. I
CIVIL AERONAUTICS BOARD1 14 CFR Parts 293, 298 ]
[Docket No. 118861
CLASSIFICATION A N D EXEMPTIONOF AIR TAXI OPERATORS
Notice of Proposed Rule Making
NOVEMBER 2, 1960.Notice is given that the Civil Aero-
nautics Board has under consideration aproposal to repeal Part 293 and a pro-posed amendment of Part 298 of itsEconomic Regulations (14 CFR Parts293 and 298), to extend the applicabilityof Part 298 to air taxi operations inAlaska, subject to certain specific pro-visions as hereinafter set forth.
This rule making action is proposedunder the authority of sections 204(a),411, and 416 of the Federal AviationAct of 1958 and section 8 of the AlaskaStatehood Act (72 Stat. 743, 769, 771,and 344; 49 U.S.C. 1324, 1381, and 1386).
Interested persons may participatein the proposed rule making throughsubmission of ten (10) copies of writtendata, views, or arguments pertainingthereto, to the Docket Section, CivilAeronautics Board, Washington 25, D.C.All relevant matter in communicationsreceived on or before November 25, 1960,will be considered by the Board beforetaking final action on the proposed rule.Copies of such communications will beavailabre on and after November 25, 1960,for examination by interested personsin the Docket Section of the Board,Room 711, Universal Building, 1825 Con-necticut Avenue NW., Washington, D.C.
By the Civil Aeronautics Board:
[SEAL] ROBERT C. LESTER,Secretary.
Explanatory statement. Part 298 ofthe Board's regulations (14 CFR Part298) establishes a classification of directair carriers, known as "air taxi opera-tors," which is limited to air carriersutilizing aircraft having a maximumtake-off weight not exceeding 12,500pounds. The termination date of thatpart has been extended until Novem-ber 30, 1960, or termination of the rule-making proceeding in Docket 11285,whichever shall first occur (25 F.R.4677). In Docket 11285, the Boardissued a notice of proposed rule making,EDR-13A, on September 21, 1960. (25F.R. 9183) in which it proposed to re-issue Part 298 with certain amendmentsfor a period of five years, subject toearlier rescission in the public interest.
Part 293 of the regulations establishesa classification of direct air carriersknown as Alaskan Air Taxi Operators.Part 293 was promulgated in the exer-cise of the Board's power and duty toregulate in Alaska, then a Territory, notonly air transportation crossing the bor-ders of Alaska or involving the carriageof mail but also intra-Alaskan air trans-portation which then fell within the defi-nition of "interstate air transportation"in the Act. The Board's power to regu-late intra-Alaskan. air transportationwas extended by section 8(d) of theAlaska Statehood Act of July 7, 1958, asamended, until June 30, 1961, or theeffective date of applicable legislationadopted by the State of Alaska, which-ever occurs first. Alaska adopted theAlaska Air Commerce Act of 1960 (Chap-ter 161, Laws of 1960) pursuant to whichthe State assumes economic regulationof intrastate transportation by air inAlaska effective January 1, 1961.
It therefore is necessary to repeal,effective on that date, those provisions ofBoard regulations which apply to intra-state transportation by air taxi opera-tors in Alaska, and to adjust otherregulations to the new circumstancespresented.
It appears to the Board that beginningJanuary 1, 1961, the circumstances per-taining to air taxi operations in Alaskawill be sufficiently similar to those pre-vailing in other States to permit rescis-sion of Part 293 which applies to Alaskaonly, and to permit regulation underPart 298 which applies to air taxi opera-tors generally. In Alaska, as in otherStates, the Board will then regulatethose operators who perform flightscrossing State lines, carrying throughtraffic which moves in interstate, over-seas or foreign air commerce, or carryingmail.
In order to take care of some remain-ing aspects of air transportation whichare peculiar to Alaska, the Board pro-poses to adapt its proposed Part 298revision (EDR-13A) by making the fol-lowing additional amendments:
(1) Clarify the applicability of thepart to all States, including Alaska;
(2) Clarify, in order to avoid misun-derstandings or doubt, the definition ofair transportation;
(3) Retain the definition of "point" asan area within a 25-mile radius of anairport or place, for Alaska; and
(4) Limit the blanket authority forair taxi operations in "air transporta-tion" between points in Alaska, or pointsin Alaska and Canada, respectively, tooperators holding Alaskan State author-ity for common carriage operation ofsmall aircraft, and to irregular service(except as to carriage of mail as author-ized herein). Operators would be freeto apply to the Board for individualexemption from these restrictions.
Any changes in the rules applicable tointra-state transportation by air inAlaska which may take effect on January1, 1961 will result from action by theState of Alaska and therefore theBoard's action herein is limited to "airtransportation" as defined in the Fed-eral Aviation Act of 1958. The moresignificant changes in the regulation of
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PROPOSED RULE MAKING
air taxi operations in air transportationin Alaska would be as follows: As a con-dition precedent to receiving blanket au-thorization to engage in air taxi opera-tions (in "air transportation') in Alaska,which is limited to irregular service, theoperator must hold Alaska State author-ity to engage in intra-state common car-riage by small aircraft. There wouldalso be extended to taxi operators inAlaska the proposed prohibition of EDR-13A against operating large aircraft out-side the scope of Board regulated airtransportation.
In order to make it easier for inter-ested persons to comment on this rule-making proposal, proposed Part 298, withthe amendments herein proposed incor-porated, will be set forth herein in itsentirety. Since a final regulation shouldbecome effective on January 1, 1961, itwill be necessary to accelerate the usualtimetable, and the usual Your-weekperiod for comments will have to beshortened.
Subpart A--General
§ 298.1 Applicability of part.This part establishes a classification
of air carriers known as "'air taxi oper-ators," provides certain exemptions fromTitle IV of the Federal Aviation Act of1958, for such carriers, and establishesrules and regulations applicable to theiroperations. This part applies to theoperations of air taxi operators in airtransportation in all States, territoriesand possessions of the United States ofAmerica.
§ 298.2 Definitions.
As used in this part:(a) "Act" means the Federal Aviation
Act of 1958.(b) "Air taxi operator" means an air
carrier coming within the classificationof "air taxi operators" established by§ 298.3.
(c) "Air transportation" means inter-state, overseas, or foreign air transpor-tation or the transportation of mail byaircraft. This includes carriage by air-craft as a common carrier between placesin the same State (1.) through airspaceoutside that State (over other States orthe open sea or foreign territory) or (2)where such carriage is part of the move-ment of the passengers or propertycarried, in interstate, overseas or foreignair commerce.'
(d) "Maximum certificated take-offweight" means the maximum take-offweight authorized by the terms of theaircraft airworthiness certificate. (Thisis found in the airplane operating rec-ord or in the airplane flight manualwhich is incorporated by regulation intothe airworthiness certificate.)
(e) "Point" when used in connectionwith any territory or possession of theUnited States, or the States of Alaskaand Hawaii, means any airport or placewhere aircraft may be landed or takenoff, including the area within a 25-mile
Section 401 (a) of the Federal Aviation Actof 1958, as amended, prohibits any personfrom engaging in "air transportation" exceptto the extent .he is authorized to do so bythe Board.
radius of such airport or place; whenused in connection with the ContinentalUnited States, except Alaska, It shallhave the same meaning except be limitedto the area within a 3-mile radius ofsuch airport or place.
§ 298.3 Classification.
(a) There is hereby established aclassification of air carriers, designated"air taxi operators" which engage inthe direct air transportation of passen-gers and/or property and which:
(1) Do not utilize aircraft having amaximum take-off weight of more than12,500 pounds either in air transportationor in any transportation by air of per-sons and/or property for compensationor hire.
(2) Do not hold a certificate of publicconvenience and necessity or other eco-nomic authority issued by the Board.
(b) A person who does not observe theconditions set forth in paragraph (a) ofthis section shall not be an air taxi oper-ator within the meaning of this part withrespect to any operations conducted byhim while such conditions are not beingobserved, and during such periods is notentitled to any of the exemptions setforth in this part.
§ 298.4 Requests for statement of au-thority.
In any instance where an air taxi oper-ator is required by a foreign governmentto produce evidence of its authority'toengage in foreign air transportationunder the laws of the United States, theSecretary of the Board will, upon request,furnish the carrier with a written state-ment, outlining its general operatingprivileges under this part for presenta-tion to the proper authorities of theforeign government.
§ 298.5 Separability.
If any provision of this part or the ap-plication thereof to any air transporta-tion, person, class of persons, orcircumstances is held invalid, the re-mainder of the part and the applicationof such provision to other air transporta-tion, persons, classes of persons, or cir-cumstances shall not be affected thereby.
Subpart B-Exemptions
§ 298.11 Exemption authority.Air taxi operators are exempt from
the following provisions of Title IV ofthe Act:
(a) Subsection 401(a);(b) Section 403;(c) All provisions in subsection 404(a)
except the requirement that air taxi op-erators shall provide safe service, equip-ment, and facilities in connection withair transportation;
(d) Subsection 404(b);(e) Subsection 405(b);(f) Subsections 407 (b), (c), and (d);(g) Subsection 408(a); except that no
exemption is granted hereby for any airtaxi operator to enter Into any of thetransactions or relationships prohibitedby subsection 408(a) with any person(excluding air carriers) who operates forcompensation or hire, aircraft having amaximum take-off weight of more than12,500 pounds.
(h) Subsection 409(a) ; except that noexemption is granted hereby for any airtaxi operator to enter into any of therelationships prohibited by subsection409(a) with any person (excluding aircarriers) who operates for compensationor hire, aircraft having a maximumtake-off weight of more than 12,500pounds.
(i) Subsection 412(a) : Provided, Thatnothing in this part shall be construedas relieving any air taxi operator fromfiling with the Board a true copy, or, iforal, a true and complete memorandum,of every contract or agreement (whetherenforceable by provisions of liquidateddamages, penalties, bonds or otherwise)affecting air transportation, between anyair taxi operator and any person (ex-cluding air carriers) who operates forcompensation or hire, aircraft having amaximum take-off weight of more than12,500 pounds.
§ 298.12 Effect of exemption on anti-trust laws.
The exemption granted in § 298.11from sections 408, 409(a), and 412 of theAct shall not constitute an order madeunder such sections, within the meaningof section 414 of the Act, and shall notconfer any immunity or relief from op-eration of the "anti-trust laws," or anyother statute (except the Federal Avia-tion Act of 1958) with respect to anytransaction, interlocking relationship, oragreement otherwise within the purviewof such sections.
§ 298:13 Duration of exemption.The exemption from any provision of
Title IV of the Act provided by § 298.11shall continue in effect only until suchtime as the Board shall find that en-forcement of such provision would be inthe public interest or would no longer bea burden on air taxi operators: Provided,That upon such a finding as to any airtaxi operator or class of air taxi opera-tors, such exemption shall to that extentterminate with respect to such operatoror class of operators: And provided fur-ther, That unless otherwise ordered bythe Board the temporary exemptiongranted by § 298.11 shall terminate fiveyears from the effective date of this re-issued part.
Subpart C-Limitations onExemptions
§ 298.21 Scope of service authorized.(a) The exemption authorityr provided
to air taxi operators by this part shallextend only to the direct air transporta-tion of persons and property in aircrafthaving a maximum take-off weight of12,500 pounds or less, except as prohib-ited'by paragraphs (b), (c), and (d) ofthis section.
(b) An air taxi operator is prohibitedfrom providing air transportation, orholding out to the public expressly or'by course of conduct, that it providessuch transportation regularly or with areasonable degree of regularity; (1)Within territories or possessions of theUnited States, (2) within the State ofHawaii, (3) between any points wherescheduled helicopter passenger service,or community center and interairp6rt
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Friday, November 4, 1960 FEDERAL REGISTER
service, is provided by the holder of acertificate of public convenience andnecessity either in accordance with suchcertificate or pursuant to exemptionorder of the Board, and (4) between anypoints where an air carrier certificated,by the Board to provide unlimited route-type air transportation of persons, prop-erty, and mail provides scheduled dailytransportation with aircraft having amaximum take-off weight of 12,500pounds or less.
(c) Air taxi service in Alaska: Noservice in air transportation shall beoffered or performed by an air taxi op-erator between points both of which arein the State of Alaska, or one of whichis in Alaska and the other in Canada,unless the air taxi operator also holdsauthority from the State of Alaska tooperate aircraft of a maximum take-offweight not over 12,500 pounds as a com-mon carrier in intra-State commerce, orhas applied to the Board for, and re-ceived, special exemption authority (seeSubpart D of Part 302 of this chapter(Procedural Regulations)) : Provided,That the operator is prohibited fromrendering the above authorized servicein air transportation, or holding out tothe public expressly or by course of con-duct that it renders such service, regu-larly or with a reasonable degree of reg-ularity. Air taxi operators may alsotransport over postal routes Nos. 78150and 78151 or such other designation asmay be assigned thereto, and over postalroutes designated by the PostmasterGeneral as "gratuitous routes," suchmail as may be tendered by the post-master of Alaska for transportation oversuch routes: Provided, That the forego-ing restrictions on frequency of service inair transportation shall not apply to thecarriage of such mail.
(d) No service by helicopter shall beoffered or performed by an air taxi op-erator between any two points betweenwhich scheduled helicopter service isprovided by the holder of a certificate ofpublic convenience and necessity author-izing such service.
NoTE: Service shall be deemed to be regu-lar within the meaning of this sectionunless it is of such infrequency as to pre-clude an implication of uniform pattern ornormal consistency of operations between,or within, such designated points.
§ 298.22 Business name of air taxioperator.
(a) It shall be an express conditionupon the exercise of the privileges hereingranted and the operating authorizationsissued hereunder, that any air taxi oper-ator, in holding out to the public andin performing air transportation serv-ices, shall do so only in a name or namesin which its air carrier operating certifi-cate is issued pursuant to section 604 ofthe Act by the Administrator of theFederal Aviation Agency: Provided, Thatthe Board may require an air taxi opera-tor to change such name or names wherethey appear contrary to the publicinterest.
(b) Slogans shall not be considerednames for the purposes of this section,and their use is not restricted hereby.
(c) Neither the provisions of this sec-tion nor the grant of a permission here-under shall be deemed to constitute a
finding for purposes other than for thissection, or to effect a waiver of, or ex-emption from any provisions of the Act,or orders, rules or regulations issuedthereunder.
Subpart D-Violations§ 298.30 Enforcement.
In case of any violation of the provi-sions of the Act, or any rule, regulation,or order issued thereunder, the violatormay be subject to a proceeding pursuantto sections 1002 and 1007 of the Act be-fore the Board or a United States DistrictCourt, as the case may be, to compelcompliance therewith, or, in the case of awillful violation,, to criminal penaltiespursuant to the provisions of section 902(a) of the Act; or other lawful sanctionsincluding revocation of operating au-thority.1F.R. Doc. 60-10398: Filed, Nov. 3, 1960;
8:50 a.m.I
FEDERAL AVIATION AGENCY[14 CFR Part 507]
[Reg. Docket No. 5551
AIRWORTHINESS DIRECTIVES
Douglas AircraftPursuant to the authority delegated
to me by the Administrator (14 CFRPart 405), notice is hereby given that theFederal Aviation Agency has under con-sideration a proposal to amend Part 507of the regulations of the Administratorto include an airworthiness directivesuperseding Amendment 180 (25 F.R.7015) for Douglas DC-6, DC-6A, andDC-6B aircraft. Service experience hasshown that the lower front and centerspar caps must be inspected at definiteintervals rather than at "convenientinspection periods" as now required.Further, it has been determined that thedirective should apply only to fuselagenumbers 1 through 722 and that theupper front and center spar cap inspec-tion intervals may be extended an addi-tional 100 hours. Paragraph (a) of theproposal recognizes that a large numberof aircraft have already been inspectedand exempts such aircraft from theinitial inspection requirements. In theinterest of clarity, a number of editorialchanges have also been-effected.
Interested persons may participate inthe making of the proposed rule by sub-mitting such written data, views or argu-ments as they may desire. Communica-tions should be submitted in duplicateto the Docket Section of the FederalAviation Agency, Room B-316, 1711 NewYork Avenue NW., Washington 25, D.C.All communications received on or beforeDecember 6, 1960, will be considered bythe Administrator before taking actionon the proposed rule. The proposals con-tained in this notice may be changed inlight of comments received. All com-ments submitted will be available, in theDocket Section, for examination by in-terested persons when the prescribeddate for return of comments has expired.This proposal will not be given furtherdistribution as a draft release.
This amendment is proposed underthe authority of sections 313(a), 601 and
603 of the Federal Aviation Act of 1958(72 Stat. 752, 775, 776; 49 U.S.C. 1354(a),1421,1423).
In consideration of the foregoing, itisproposed to amend § 507.10(a) (14 CFRPart 507), by adding the following air-worthiness directive:DOUGLAs. Applies to all DC-6, DC-6A and
DC-SB aircraft; Fuselage No. 1 up toand including Fuselage No. 722, havingin excess of 9,000 hours' time in service.
Compliance required as indicated.There have been numerous cases reported
of spar cap cracking on DC-6 Series aircraft.Cracking usually occurs in spar cap tangsin the area of the Station 60 attachmentsand progresses chordwise. In addition, serv-ice experience has shown that the temporaryrepair of the above service difficulties perDouglas Rework Drawing 5611387 does nothave the service life originally anticipated.As a result of this service experience, theupper and lower, front and center spar capsin the area of wing Station 60, with specialattention to the spar cap tangs betweenwing Stations 55 and 65, must be visually in-spected for cracks as follows:
(a) The upper and lower, front and centerspar caps must be inspected within the next450 hours' time in service unless alreadyaccomplished. Aircraft inspected prior toissuance of this AD must also comply withthe repetitive inspections, rework and/or re-pairs specified in (b), (c), (d), and (e).
(b) The upper front and center spar capson all DC-6, DC-6A, and DC-6B aircraft,Fuselage Nos. 1 through 722, must be re-inspected at intervals not to exceed 1,600hours' time in service.
(c) The lower front and center spar capsmust be reinspected as follows:
(1) Model DC-6 aircraft, Fuselage Nos. 1through 172, which have not been reworkedin accordance with DC-6 Service BulletinNos. 569 and 724, at intervals not to exceed1,600 hours' time in service.
(2) Model DC-6 aircraft, Fuselage Nos. 1through 172, which have been reworked inaccordance with DC-6 Service Bulletin Nos.569 and 724, at intervals not to exceed 3,200hours' time in service.
(3) Model DC-6. DC-6A and DC-6B air-craft, Fuselage Nos. 174 through 722, at in-tervals not to exceed 3,200 hours' time inservice.
(d) If cracks are found, FAA approvedpermanent rework or temporary repair asrecommended by the manufacturer or FAAapproved equivalent is required prior tofurther flight. Temporary repairs may bemade per Douglas Rework Drawing 5611387,or FAA approved equivalent, providing cracklimitations as established on this drawinghave not been exceeded.
(e) Aircraft incorporating a temporary re--pair must be reinspected at intervals not toexceed 750 hours' time in service pending theaccomplishment of the FAA approved manu-facturer's recommended permanent reworkor FAA approved equivalent. Such reworkor equivalent must be accomplished within4,200 hours' time in service after incorporat-ing the temporary repair.
(f) The inspections required by this ADmay be discontinued for any area reworkedin accordance with FAA approved permanentrepair instructions.
(Douglas Alert Service Bulletin A-678 re-vised June 3, 1960, covers this subject.)
Pursuant to the authority delegatedto me by the Administrator (14 CFR409.13), notice is hereby given that theFederal Aviation Agency is consideringan amendment to § 601.2326 of the regu-lations of the Administrator, the sub-stance of which is stated below.
The Martha's Vineyard, Mass., con-trol zone is presently designated withina 3-mile radius of the Martha's Vine-yard Airport, and within 2 miles eitherside of a line bearing 0400 True extend-Ing from the northeast end of RunwayNo. 24 to a point 10 miles northeast ofthe nondirectional radio beacon.
The Federal Aviation Agency is con-sidering modifying this control zone byredesignating it to be effective duringthe period from 0530 to 2400 hoursdaily (e.s.t.), and redesignating itwithin a 5-mile radius of the Martha'sVineyard Airport; within 2 miles eitherside of the 040 ° True bearing from theradio beacon extending from the 5-mileradius zone to 12 miles northeast ofthe radio beacon; and within 2 mileseither side of the 052 ° and 1420 Trueradials of the Martha's Vineyard TVOR(latitude 41°23'46" N., longitude70°36'48' ' W.), extending from the 5-mile radius zone to 12 miles northeastand southeast of the TVOR, excludingthe portion of this control zone which
coincides with the Falmouth, Mass.,control zone being proposed for modifi-cation in a separate airspace action(Airspace Docket No. 60-NY-97). Thisexcluded portion would consist of an ir-regular indentation into the last two.miles of the control zone extension basedon the radio beacon.
This modification would provide pro-tection for aircraft executing prescribedinstrument approach procedures to theMartha's Vineyard Airport during in-strument flight rule conditions, and thetime of designation would coincide withthe hours of operation of the aviationweather reporting service.
If these actions are taken, the Mar-tha's Vineyard, Mass., control zonewould be designated during the periodfrom 0530 hours to 2400 hours daily(e.s.t.), within a 5-mile radius of theMartha's Vineyard Airport, Mass. (lati-tude 41123'35" N., longitude 70°36'56 ' '
W.), within 2 miles either side of the0400 True bearing of the radio beaconextending from the 5-mile radius zoneto 12 miles northeast of the radio bea-con; within 2 miles either side of the0520 and 1420 True radials of the Mar-tha's Vineyard TVOR extending fromthe 5-mile radius zone to 12 miles north-east and southeast of the TVOR, ex-cluding the portion which coincides withthe Falmouth, Mass., control zone(601.2254).
Interested persons may submit suchwritten data, views or arguments as theymay desire. Communications should besubmitted in triplicate to the Chief, AirTraffic Management Division, Federal
Aviation Agency, Federal Building, NewYork International Airport, Jamaica 30,N.Y. All communications received with-
- in forty-five days after publication of thisnotice in the FEDERAL REGISTER will beconsidered before action is taken on theproposed amendment. No public hear-ing is contemplated at this time, butarrangements for informal conferenceswith Federal Aviation Agency officialsmay be made by contacting the RegionalAir Traffic Management Division Chief,or the Chief, Airspace Utilization Divi-sion, Federal Aviation Agency, Wash-ington 25, D.C. Any data, views orarguments presented during such con-ferences must also be submitted in writ-ing in accordance with this notice inorder to become part of the record forconsideration. The proposal containedin this notice may be changed in thelight of comments received.
The official Docket will be available forexamination by interested persons at theDocket Section, Federal Aviation Agency,Room B-316, 1711 New York Avenue NW.,Washington 25, D.C. An informalDocket will also be available for exami-nation at the office of the Regional AirTraffic Management Division Chief.
This amendment is proposed undersection 307(a) of the Federal AviationAct of 1958 (72 Stat. 749; 49 U.S.C. 1348).
Issued in Washington, D.C., on Octo-ber 31, 1960.
CHARLES W. CARMODY,Chief, Airspace Utilization Division.
I. Offering o1 notes. 1. The Secretaryof the Treasury, pursuant to the author-ity of the Second Liberty Bond Act, asamended, invites subscriptions, at par,from the people of the United States fornotes of the United States, designated34 percent Treasury Notes of SeriesF-1962 in exchange for which any of thefollowing securities; singly or in com-binations aggregating $1,000 or multiplesthereof, may be tendered:43/4 percent Treasury Certificates of Indebted-
ness of Series C-1960, maturing Novem-ber 15, 1960..
2 Y8 percent Treasury Bonds of 1960, maturingNovember 15, 1960.
The amount of the offering under thiscircular will be limited to the amount ofmaturing certificates and bonds tenderedin exchange and accepted. The bookswill be open only on October 31 throughNovember 2, 1960, for the receipt of sub-scriptions for this issue.
2. In addition to the offering underthis circular, holders of the maturingsecurities are offered the privilege of ex-changing all or any part of such securi-ties for 3 percent Treasury Bonds of1966, which offering is set forth in De-partment Circular No. 1054, issued simul-taneously with this circular.
II. Description of notes. 1. The noteswill be dated November 15, 1960, andwill bear interest from that date at therate of 31/4 percent per annum, payableon a semiannual basis on February 15and August 15, 1961, and on February 15,1962. They will mature February 15,1962, and will not be subject to call forredemption prior to maturity.
2. The income derived from the notesis subject to all taxes imposed under theInternal Revenue Code of 1954. Thenotes are subject to estate, inheritance,gift or other excise taxes, whether Fed-eral or State, but are exempt from alltaxation now or hereafter imposed onthe principal or interest thereof by anyState, or any of the possessions of theUnited States, or by any local taxingauthority.
3. The -notes will be acceptable tosecure deposits of public moneys. Theywill not be acceptable in payment oftaxes.
4. Bearer notes with interest couponsattached, and notes registered as to prin-cipal and interest, will be issued in de-nominations of $1,000, $5,000, $10,000,$100,000, $1,000,000,. $100,000,000 and$500,000,000. Provision will be made forthe interchange of notes of different de-
No. 216---3
nominations and of coupon and regis-tered notes, and for the transfer of regis-tered notes, under rules and regulationsprescribed by the Secretary of theTreasury.
5. The notes will be subject to thegeneral regulations of the Treasury De-partment, now or hereafter prescribed,governing United States notes.
III. Subscription and allotment. 1.Subscriptions will be received at theFederal Reserve Banks and Branches andat the Office of the Treasurer of theUnited States, Washington, D.C. Bank-ing institutions generally may submitsubscriptions for account of customers,but only the Federal Reserve Banks andthe Treasury Department are authorizedto act as official agencies.
2. The Secretary of the Treasury re-serves the right to reject or reduce anysubscription, and to allot less than theamount of notes applied for; and anyaction he may take in these respects shallbe final. Subject to these reservations,all subscriptions will be allotted in full.Allotment notices will be sent outpromptly upon allotment.
IV. Payment. 1. Payment at par fornotes allotted hereunder must be madeon or before November 15, 1960, or onlater allotment, and may be made onlyin the securities of the two issues enu-merated in Section I hereof, which willbe accepted at par, and should accom-pany the subscription. Coupons datedNovember 15, 1960, should be detachedfrom the maturing securities in couponform by holders and cashed when due.In the case of registered bonds, finalinterest due on'November 15, 1960, willbe paid by check drawn in accordancewith the assignments on the bonds sur-rendered, or by credit in any accountmaintained by a banking institution withthe Federal Reserve Bank of its District.
V. Assignment of registered bonds.1. Treasury Bonds of 1960 in registeredform tendered in payment for notes of-fered hereunder should be assigned bythe registered - payees or assigneesthereof, in accordance with the generalregulations of the Treasury Departmentgoverning assignments for transfer orexchange, in one of the forms hereafterset forth, and thereafter should be sur-rendered with the subscription to a Fed-eral Reserve Bank or Branch or to theOffice of the Treasurer of the UnitedStates, Washington, D.C. The bondsmust be delivered at the expense and riskof the holder. If the notes are desiredregistered in the same name-as the bondssurrendered, the assignment should be to"The Secretary of the Treasury for ex-change for 3/4 percent Treasury Notesof Series F-1962"; if the notes are de-sired registered in another name, the as-signment should be to "The Secretaryof the Treasury for exchange for 3/4percent Treasury Notes of Series F-1962in the name of --------- "; if notes incoupon form are desired, the assignmentshould be to "The Secretary of the
Treasury for exchange for 31/4 percentTreasury Notes of Series F-1962 in cou-pon form to be delivered to --------
VI. General provisions. 1. As fiscalagents of the United States, Federal Re-serve Banks are authorized and request-ed to receive subscriptions, to makeallotments on the basis and up to theamounts indicated by the Secretary ofthe Treasury to the Federal ReserveBanks of the respective Districts, to issueallotment notices, to receive paymentfor notes allotted, to make delivery ofnotes on full-paid subscriptions allotted,and they may issue interim receiptspending delivery of the definitive notes.
2. The Secretary of the Treasury mayat any time, or from time to time, pre-scribe supplemental or amendatory rulesand regulations governing the offering,which will be communicated promptlyto the Federal Reserve Banks.
[SEAL] ROBERT B. ANDERSON,Secretary of the Treasury.
I. Offering of bonds. 1. The Secre-tary of the Treasury, pursuant to theauthority of the Second Liberty BondAct, as amended, invites subscriptions,at par, from the people of the UnitedStates for bonds of the United States,designated 3% percent Treasury Bondsof 1966, in exchange for which any ofthe following securities may be tendered:4% percent Treasury Certificates of Indebt-
edness of Series C-1960, maturing No-vember 15, 1960.
21/8 percent Treasury Bonds of 1960, ma-turing November 15, 1960.
The amount of the offering under thiscircular will be limited to the amountof maturing certificates and bonds ten-dered in exchange and accepted. Thebooks will be open only on October 31through November 2, 1960, for the re-ceipt of subscriptions for this issue.
2. In addition to the offering underthis circular, holders of the maturingsecurities are also offered the privilegeof exchanging all or any part of suchsecurities for 31/4 percent Treasury Notesof Series F-1962, which offering is setforth in Department Circular No. 1053,issued simultaneously with this circular.
II. Description of b o n d s. 1. Thebonds will be dated November 15, 1960,and will bear interest from that dateat the rate of 3% percent per annum,payable semiannually on May 15 andNovember 15 in each year until the prin-cipal amount becomes payable. Theywill mature May 15, 1966, and will not
10579
10580
be subject to call for redemption priorto maturity.
2. The income derived from the bondsis subject to all taxes imposed under theInternal Revenue Code of 1954. Thebonds are subject to estate, inheritance,gift or other excise taxes, whether Fed-eral or State, but are exempt from alltaxation now or hereafter imposed onthe principal or interest thereof by anyState, or any of the possessions of theUnited States, or by any local taxingauthority.
3. The bonds will be acceptable tosecure deposits of public moneys. Theywill not be acceptable in payment oftaxes.
4. Bearer bonds with interest couponsattached, and bonds registered as toprincipal and interest, will be issued indenominations of $500, $1,000, $5,000,$10,000, $100,000 and $1,000,000. Pro-vision will be made for the interchangeof bonds of different denominations andof coupon and registered bonds, and forthe transfer of registered bonds, underrules and regulations prescribed by theSecretary of the Treasury.
5. The bonds will be subject to thegeneral regulations of the Treasury De-partment, now or hereafter prescribed,governing United States bonds.
III. Subscription and allotment. 1.Subscriptions will be received at theFederal Reserve Banks and Branchesand at the Office of the Treasurer of theUnited States, Washington, D.C. Bank-ing institutions generally may submitsubscriptions for account of customers,but only the Federal Reserve Banks andthe Treasury Department are authorizedto act as official agencies.
2. The Secretary of the Treasury re-serves the right to reject or reduce anysubscription, and to allot less than theamount of bonds applied for; and anyaction he may take in these respectsshall be final. Subject to these reser-vations, all subscriptions will be allottedin full, Allotment notices will be sentout promptly upon allotment.
NOTICES
IV. Payment. 1. Payment at par forbonds allotted hereunder must be madeon or before November 15, 1960, or onlater allotment, and may be made onlyin the securities of the two issues enu-merated in Section I hereof, which willbe accepted at par, and should accom-pany the subscription. Coupons datedNovember 15, 1960, should be detachedfrom the maturing securities in couponform by holders and cashed when due.In the case of registered bonds, final in-terest due on November 15, 1960, willbe paid by check drawn in accordancewith the assignments on the bonds sur-rendered, or by credit in any accountmaintained by a banking institutionwith the Federal Reserve Bank of itsDistrict.
V. Assignment of registered bonds.1. Treasury Bonds of 1960 in registeredform tendered in payment for bonds of-fered hereunder should be assigned bythe registered payees or assignees there-of, in accordance with the general regu-lations of the Treasury Departmentgoverning assignments for transfer orexchange, in one of the forms hereafterset forth, and thereafter should be sur-rendered with the subscription to a Fed-eral Reserve Bank or Branch or to theOffice of the Treasurer of the UnitedStates, Washington, D.C. The bondsmust be delivered at the expense andrisk of the holder. If the new bonds aredesired registered in the same name asthe bonds surrendered, the assignmentshould be to "The Secretary of theTreasury for exchange for 33/ percentTreasury Bonds of 1966"; if the newbonds are desired registered in anothername, the assignment should be to "TheSecretary of the Treasury for exchangefor 33% percent Treasury Bonds of 1966in the name of -------- "; if new bondsin coupon form are desired, the assign-ment should be to "The Secretary of theTreasury for exchange for 334 percentTreasury Bopds of 1966 in coupon formto be delivered to --------
VI. General provisions. 1. As fiscalagents of the United States, Federal Re-serve Banks are authorized and requestedto receive subscriptions, to make allot-ments on the basis and up to the amountsindicated by the Secretary of the Treas-ury to the Federal Reserve Banks of therespective Districts, to issue allotmentnotices, to receive payment for bonds al-loted, to make delivery of bonds on full-paid subscriptions allotted, and they mayissue interim receipts pending deliveryof the definitive bonds.
2. The Secretary of the Treasury mayat any time, or from time to time, pre-scribe supplemental or amendatory rulesand regulations governing the offering,which will be communicated promptly -othe Federal Reserve Banks.
[SEAL] ROBERT B. ANDERSON,Secretary o1 the Treasury.
[F.R. Doc. 60-1)371; Filed, Nov. 3, 1960;
8:50 a.m.]
FEDERAL POWER COMMISSION[Docket No. R161-229, etc.]
MORRIS ANISMAN ET AL.
Order Providing for Hearing on andSuspension of Proposed. Changesin Rates '
OCTOBER 28, 1960.
Morris Anisman, Docket No. R161-229;General American Oil Company ofTexas, Docket No. R161-198; KenwoodOil Company, et al., Docket No. R161-199; Socony Mobil Oil Company, Inc.,Docket No. R161-200; Aztec Oil & GasCompany, Docket No. R161-201.
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. The pro-posed changes are designated as follows:
Cents per Met Rate in
Rate Supple- Amount Date Effective effect sub-
Docket No. Respondent Sehed- ment Purchaser and producing area of - filing date I Date ject to
R161-198 -- General American Oil 29 3 Northern Natural Gas Co. (McKinney 2,006 10-10-60 11-10-60 4-10-61 12.5 14.0 N.A.Co. of Texas. . Field, Clark County, Kans.).
R161-199 --- Kenwood O11 Co., et al- 1 2 Lone Star Gas Co. (Katie Field, Oar- 1,265 10-12-60 11-12-0 4-12-61 8.0 12.35 N.A.vin County, Okla.).
R161-200 ... Soceony Mobil Oil Co., 71 4 Northern Natural Gas Co., (Ilugoton 681 10-12-M0 11-12-60 4-12-61 .2.0 17.0 N.A,
Inc. Field, Finney County, Kans.).RI61-201..- Aztec Oil & Gas Co_. 60 6 El Paso Natural Gas Co. (Langlie- •1,631 10-13-0 11-13-00 4-13-61 10. 54050 17. 0050 G-11413
Mattix and Jalmat Fields, LeaCounty, N. Mex.).
I The stated effective date is either tie date requested by respondents or the first day after the required 30 days' notice.
In support, Morris Anisman cites thecontract provisions, states they were ne-gotiated at arm's length, that the priceis just and reasonable, and that costs areincreasing.
In support, Socony Mobil Oil Com-pany, Inc., states that the contract wasnegotiated at arm's length; that theincrease is part of an installment price
schedule; that gas rates should be basedon the "supply and demand formula"instead of being considered as a utilityservice; and that costs of exploration,discovery, producing, gathering andprocessing of natural gas are rapidlyincreasing.
General American Oil Company ofTexas cites the contract provisions and
states that the increased price is present-ly effective in the area and that it hasrelinquished its rights for future priceredeterminations in exchange for the
1 This order does not provide for the con-solidation for hearing or disposition of thesevera2 matters covered herein, nor should itbe so construed.
Friday, November 4, 1960 FEDERAL REGISTER
proposed price and a schedule of periodicincreases providing for 1.0 cent per Mcfincreases in January of 1964, 1969 and1974, as provided in the renegotiationagreement.
In support, Kenwood Oil Company,et al., cites the contract provisions andclaims that it would be inequitable todeny the operation of the provisions ofthe pricing clause.
In support, Aztec Oil & Gas Companycites the contract provisions and thealleged triggering rates of other produc-ers in the area.
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 and toaid in the enforcement of the provisionsof the Natural Gas Act that the Com-mission enter upon hearings concerningthe lawfulness of the several proposedchanges and that the above-designatedsupplements be suspended and the usethereof deferred as hereinafter ordered.
The Commission orders:(A) Pursuant to the authority of the
Natural Gas Act, particularly sections 4and 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 held
upon dates to be fixed by notices fromthe Secretary concerning the lawfulnessof the several proposed increased ratesand charges contained in the above-designated supplements.
(B) Pending hearings and decisionsthereon, each of the above-designatedsupplements is hereby suspended andthe use thereof deferred until the dateindicated in the above "Rate SuspendedUntil" column, and thereafter until suchfurther time as it is made effective in themanner prescribed by the Natural GasAct.
(C) Neither the supplements herebysuspended, nor the rate schedules soughttd be altered thereby, shall be changeduntil these proceedings have been dis-posed of or until the periods of suspen-sion have expired, unless otherwise or-dered.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 December 12, 1960.
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. The pro-posed changes are designated as follows:
l)ocket No.
R161-184_--
R161-185_
11161-186 --
Reslondent
Leon Daube, et al.d/b/a Daube's OilDepartment.
Bouray Oil Co ......
Forest Oil Corp .....
R161-187 ... Forest Oil Corp. (Op-crater), et al.
R161-88-.. Bayview Oil Corp.(Operator), et al.
RI61-189-..- Bridwell Oil Co ------
0-20003 ...
0-20002 ..
1RI61-190_ _
R(10I-.91_
Olsen Oils, Inc ......
Olsen Oils, Inc. (Op-erator), ct al.
Shell Oil Co ...........
Kerr-McGee Oil In-dustries, Inc.(Operator), et al.
RateSched-
tileNo.
Supple-mentNO.
4
1971
5i
1-6,1-201-20
1-6t15
'uirchaser and produciug area
Cities Service Gas Co. (SoutheastEureka Field, Alfalfa and OrantCounties, Okla.).
Cities Service Gas Co. (EurekaField, (1raut County, Okla.).
El Paso Natural Gas Co: (JainhatField, Lea County, N. Mex.).
--- -d o ------------------------------El Paso Natural Gas Co. (Jahnat,
Blinebry, Tubbs and Justis Fields,Lea County, N. Mex.).
El Paso Natural Gas Co. (JalmatField, Lea County, N. Mex.).
Texas Eastern Transmission Corp.(Gohlke Field, Do Witt and Vic-toria Counties, Tex.).
United Fuel Gas Co. (Go AroundBayou Field, Cameron Parish,La.).
_________ I __________________ I _____ I ______ I _____________________________ _______
IThe stated effective dates are those requested by respondents or the first day; afterexpiration of the required 30 days' notice.
2 Pressure base is 14.65 psia.3 Pressure base is 15.025 psia.4 Includes 0.75 cent per Mef for dehydration deducted by buyer.5 Includes 0.25 cent per Met for dehydration charged by seller.
Leon Daube, et al. d/b/a Daube's OilDepartment (Daube) and Bonray OilCompany (Bom-ay), in support of theirproposed periodic increased rates, citethe contract provisions for such rateincreases and state that other producershave been allowed the 13.0 cents perMcf rate in the area. Bonray furtherstates that the increased rate is anintegral part of the total price for whichthe gas was dedicated.
Anount ])ateof filing
Annual tenderedIncrease
Effectivedate Iunless'sus-
pended
Datesus-
pendeduntil-
Cents per Mcf
Rate ineffect
__________________________ I - __________________
$1.736
1 , 2"0
61. 941
7.844
7, 925
5, 474
30
11.448
9-30- ) 10-31-60
9-30-60 10-31-60
9-30-60 11- 1-6O
9-30-60 II- 1-C0
9-30-60 10-31-60
9-30-60
10- 3-60
10- 3-4)010- 3-60
36 10- 3-60
2,389 10- 3-60
10-31-60
II- 3-_0
I1- 3-60Il- 3-M
II- 3-9)1-3441)
1,565 1 10- 3-0 1 I- 3-60
3-31-61
3-31-61
I- 1 )1
4- 1-61
3-31-61
3-31-61
1[- 4-60
It- 4-6011- 4-60
I1- 4-60
1- 3-61
4- 3-61
!4 12.0
212.0
3 19.5
3 19.5
2 5 14. 3844
214.87589
2 7 15. 501744
2 7 5 15.5017442 7 6 1. 501744
2 915.501744
2 15. 4444
3 19.5
Proposedincreased
rate
13. 0
13.0
19.9
19.9
14.8892
17.02416
15. 559869
15.55986915. 559869
15.559869
15.7778
19. 9
Rate ineffect sub-ject to
refund inDocket
Nos.
G-19940
(-19939
G-13421
0-19582
a-20003
a -20003G-20002
(-20002
Itl160-173
(1-19914
* Respondent requests waiver of notice. -7 Rate increase due to correction In tax reimbursement to include applicable tax
reimbursement for Now Mexico State Severance Tax previously omitted.8 Subject to a compression charge by buyer for all gas below 600 lRig.0 Includes 0.5 cent per Mef for dehydration and central delivery charged by seller.
Forest Oil Corporation and ForestOil Corporation (Operator), et al. (For-est Oil) and Kerr-McGee Oil Industries,Inc. (Operator), et al. (Kerr-McGee),in support of their proposed periodicincreased rates, state that the contractsresulted from arm's-length bargainingand the pricing provisions, which arecommon in long-term gas sales con-tracts, were a major consideration tosellers in executing the contracts. For-
est Oil and Kerr-McGee also state thatthe increased rates are necessary tooffset increasing costs and provide in-centive for further exploration and de-velopment and denial thereof would beunjust and confiscatory. Kerr-McGeealso cites higher initial rates in the area.
'This order does not provide for the con-solidation for hearing or disposition of theseveral matters covered herein, nor shouldit be so construed.
10581
NOTICES
Bayview Oil Corporation (Operator),et al. in support of its proposed periodicincreased rate, states that the increaseis necessary to provide a reasonable rateof return and refers to its testimonypresented in the suspension proceedingsin Docket Nos. G-9417, et al.
Bridwell Oil Company (Bridwell), insupport of its proposed favored-nationincreased rate, cites the contract provi-sions and submits copies of TennesseeGas Transmission Company's favored-nation letter. Bridwell states that theincrease results from contract provi-sions arrived at in arm's-length bar-gaining and the increased rate isreasonable and below prices under newcontracts in the area.
Olsen Oils, Inc. and Olsen Oils, Inc.(Operator), et al. (Olsen) have submit-ted tax corrections to reflect reimburse-ment of the New Mexico Severance Taxapplicable to natural gas sales to ElPaso Natural Gas Company in LeaCounty, New Mexico. The rates towhich the tax corrections apply weremade effective subject to refund onJuly 21, 1960, in Docket Nos. G-20002and G-20003. Olsen requests that thecorrected rates also be made effectivesubject to refund as of July 21, 1960.
Shell Oil Company (Shell), in sup-port of its proposed favored-nation in-creased rate, states that the contractwas negotiated at arm's-length and thepricing provisions were an essential in-ducement to seller to execute the long-term contract.. Shell further states thatthe increase is necessary to insure sellerthe fair market value of the gas.
The proposed changes may be unjust,unreasonable, unduly discriminatory, orpreferential, or otherwise unlawful.
The Commission finds:(1) It is necessary and proper in the
public interest and to aid in the enforce-ment of the provisions of the NaturalGas Act that the Commission enterupon hearings concerning the lawful-ness of the several proposed changes andthat the above-designated supplementsbe suspended and the use thereof de-ferred as hereinafter ordered.
(2) It is necessary and proper in car-rying out the provisions of the NaturalGas Act that Supplement Nos. 1 to 6and 1 to 5 to Olsen Oils', Inc. FPC GasRate Schedule Nos. 13 and 14, respec-tively, and Supplement Nos. 1 to 20 and1 to 6 to Olsen Oils', Inc. (Operator),et al. FPC Gas Rate Schedule Nos. 15and 16, respectively, be allowed to takeeffect subject to refund upon the timelyfiling of their agreements and under-takings, as hereinafter ordered.
The Cornnission 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 dates to be fixed by noticesfrom the Secretary concerning the law-fulness of the several proposed increasedrates and charges contained in theabove-designated supplements.
(B) Pending hearings and decisionsthereon, each of the above-designatedsupplements is hereby suspended, and
the use thereof deferred until the dateindicated in the above "Rate SuspendedUntil" column, and thereafter until suchfurther time as it is made effective inthe manner prescribed by the NaturalGas Act.
(C) Neither the supplements herebysuspended, nor the rate schedules soughtto be altered thereby, shall be changeduntil these proceedings have been dis-posed of or until the periods of suspen-sion have expired, unless otherwiseordered by the Commission.
. (D) Supplement Nos. 1 to 6 and 1 to5 to Olsen Oils', Inc. FPC Gas RateSchedules Nos. 13 and 14, respectively,and Supplement Nos. 1 to 20 and 1 to 6to Olsen Oils', Inc. (Operator), et al.FPC Gas Rate Schedule Nos. 15 and16, respectively, shall be effective as ofNovember 4, 1960: Provided, however,That within 20 days from the date ofthe issuance of this order, Olsen Oils,Inc. and Olsen Oils, Inc. (Operator), etal. shall execute and file under DocketNos. G-20003 and G-20002, respectively,with the Secretary of the Commissiontheir agreements and undertakings tocomply with the refunding and reportingprocedure required by the Natural GasAct and § 154.102 of the regulationsthereunder (prescribed by Order No. 215and No. 215A). The agreements andundertakings shall be signed by Re-spondent, or if Respondent is a cor-poration, signed by a responsible officerthereof accompanied by proper au-thorization from the Board of Directorsand by a certificate showing serviceof copies upon all purchasers underthe rate schedule involved. UnlessRespondents (Olsen Oils, Inc. and OlsenOils, Inc. (Operator), et al.) areadvised to the contrary within 15 daysafter the filing of such agreements andundertakings, their agreements andundertakings shall be deemed to havebeen accepted.
(E) Notices of intervention or peti-tions to intervene may be filed with theFederal Power Commission, Washington25, D.C., in accordance with the rulesof practice and procedure (18 CFR 1.8and 1.37(f)) on or before December 12,1960.
Order Providing for Hearing on andSuspension of Proposed Changein Rate
OCTOBER 28, 1960.On September 30, 1960, Carter-Jones
Drilling Company (operator), et al.(Carter-Jones) tendered for filing pro-posed change In its presently effectiverate schedule for its jurisdictional salesof natural gas to Lone Star Gas Companyfrom the Carthage Field, Panola County,Texas. The proposed change, whichconstitutes an annual increase in rate of
$33,920, is contained in the followingdesignated filings:
Description: Notice of Change, dated Sep-tember 21, 1960.
Rate schedule designation: SupplementNo. 8 to Carter-Jones' PPC Gas Rate Sched-ule No. 2.
Proposed increased rate: From 10.0 cents to14.49 cents per Mcf at 14.65 peia.
Effective date: October 31, 1960 (thestated effective (late Is the first day after ex-piration of the required thirty days' notice).
In support of its proposed renegotiatedincreased rate, Carter-Jones states, inaddition to other matter pertaining toan offer of settlement which it concur-rently made with this filing and which,at this time, is not the subject of thisorder, that the increased rate of 14.49cents per Mef will result in a net incometo the working interest owners of 4.8745cents per Mcf as compared to 2.6375 centsper Mcf under the presently effectiverate.
The increased rate and charge so pro-posed may be unjust, unreasonable, un-duly 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 a hearing concerningthe lawfulness of the proposed rate andcharge contained in Supplement No. 8to Carter-Jones' FPC Gas Rate ScheduleNo. 2, and that such supplement be sus-pended and the use thereof deferred ashereinafter ordered.
The Commission orders:'(A) Pursuant to the authority of the
Natural Gas Act, particularly sections 4and 15 thereof, the Commission's rulesof practice and procedure and the regu-lations under the Natural Gas Act (18CFR Ch. I), a public hearing shall beheld upon a date to be fixed by noticefrom the Secretary concerning the law-fulness of the proposed increased rateand charge contained in Supplement No.8 to Carter-Jones' FPC Gas Rate Sched-ule No. 2.
(B) Pending such hearing and deci-sion thereon, Supplement No. 8 toCarter-Jones' FPC Gas Rate ScheduleNo. 2 is hereby suspended and the usethereof deferred until March 31, 1961,and thereafter until such further time asit is made effective in the manner pre-scribed by. the Natural Gas Act.
(C) Neither the supplement herebysuspended, nor the rate schedule soughtto be altered thereby, shall be changeduntil this proceeding has been disposedof or until the period of suspension hasexpired, unless otherwise ordered by theCommission.
(D) Notices of intervention or peti-tions to Intervene may be filed with theFederal Power Commission, Washington25, D.C., in accordance with the rulesof practice and procedure (18 CFR 1.8and 1.37 (f)) on or before December 12,1960.
Notice of Reissuance of Export LicensePlease take notice that AEC License
No. XR-31 authorizing the export of a62 megawatt (thermal) boiling water-type reactor to Allgemeine Elektricitats-Gesellschaft AG, Frankfurt/Main, AEG-Hochhaus, Germany, was reissued onOctober 28, 1960, to expire on January30, 1961.
All necessary shipments had not beencompleted as of the September 30, 1960,expiration date of the license as origi-nally issued.
Dated at Germantown, Md., this 28thday of October 1960.
For the Atomic Energy Commission.R. L. KIRK,
Deputy Director, Division ofLicensing and Regulation.
Pearson Corporation, a Rhode Islandcorporation with its principal office at 1Constitution Street, Bristol, Rhode Is-land, filed with the Commission onMarch 30, 1959, a notification on Form1-A and an offering circular relating toan offering of 175,000 shares of its com-mon stock, $0.25 par value, purportedlyat $1.00 per share, for the purpose ofobtaining an exemption from the regis-tration requirements of the SecuritiesAct of 1933, as amended, pursuant to theprovisidns of section 3(b) thereof andRegulation A promulgated thereunder.
The Commission on September 16,.1960, issued an Order pursuant to Rule261 of the general rules and regulationsunder the Act temporarily suspendingsaid exemption and affording any personhaving an interest therein opportunityto request a hearing pursuant to saidRule 261. A written request for suchhearing was received by the Commis-sion on October 12, 1960, from PearsonCorporation.
The Commission deems it necessaryand appropriate to determine whetherto vacate said Order of September 16,1960, or to enter an order permanently,suspending said exemption.
It is ordered, Pursuant to Rule 261 ofthe general rules and regulations underthe Securities Act of 1933, that a publichearing be held on November 21, 1960,at 10 o'clock a.m., at the New York Re-gional Office of the Commission, 23dFloor, 225 Broadway, New York, NewYork, with respect tothe following speci-
fled matters and questions, withoutprejudice, however, to the specificationof additional issues which may be presentin these proceedings:
A. Whether an exemption was avail-able under Regulation A for the securi-ties purported to be offered thereunder,whether the terms and conditions of theregulation have been complied with, andwhether the offering circular and othermaterial used in connection with theoffering contained untrue statements ofmaterial facts and omitted to state ma-terial facts necessary in order to makethe statements made, in the light of thecircumstances under which they weremade, not misleading, particularly withrespect to the following:
1. The statement in the offering circu-lar that. the public offering price was$1.00 per share, and the failure to dis-close in the offering circular the methodof offering whereby the stock was offeredto the public at higher and undeterminedprices by the principal underwriter andby persons purchasing from the principalunderwriter with a view to distributionand who in fact did so distribute thestock, and the failure to disclose theprofit of such persons.
2. The offering of securities, pur-portedly under said Notification andRegulation, when the aggregate publicoffering price of said securities and theaggregate gross proceeds actually re-ceived from their sale to the public ex-ceeded $300,000.
3. The dissemination of materiallymisleading information concerning thetermination of the public offering.
It is'further ordered, That WilliamW. Swift, or any officer or officers of theCommission designated by it for thatpurpose shall preside at the hearing, andany officer or officers so designated topreside at any such hearing is herebyauthorized to exercise all of the powersgranted to the Commission under sec-tions 19(b), 21 and 22(c) of the Secur-ities Act of 1933, as amended, and tohearing officers under the Commission'srules of practice.
It is further ordered, That the Secre-tary of the Commission shall serve a copyof this order by registered mail on Pear-son Corporation, 1 Constitution Street,Bristol, Rhode Island; Clinton J. Pear-son, President of Pearson Corporation,1 Constitution Street, Bristol, RhodeIsland; Jeremiah J. Gorin, 44 East Ave-nue, Pawtucket, Rhode Island; and R. A.Holman & Co., Inc., 54 Wall Street, NewYork 5, New York, and that notice of theentering of this order shall be given toall other persons by general release ofthe Commisison and by publication inthe FEDERAL REGISTER. Any person whodesires to be heard or otherwise wishesto participate in such hearing shall filewith the Secretary of the Commission arequest relative thereto as provided inRule 9 of the Commission's rules ofpractice.
Order Temporarily Suspending Ex-emption, Statement of ReasonsTherefor, and Notice of Opportunityfor Hearing
OCTOBER 31, 1960.I. Progress Electronics Corporation (a
Utah corporation), 12293 Saticoy Street,Van Nuys, California, filed with the Com-mission on May 25, 1960, a notificationand offering circular relating to a pro-posed public offering of 200,000 sharesof its $1 par value common stock at $1.50per share for the purpose of obtainingan exemption from the registration re-quirements of the Securities Act of 1933,as amended, pursuant to section 3(b)thereof and Regulation A promulgatedthereunder.
II. The Commission has reasonablecause to believe that:
A. The issuer's offering circular con-tains false and misleading statementsas to material facts and omits to statematerial facts necessary in order to makethe statements made, in the light of thecircumstances under which they weremade, not misleading, particularly withrespect to:
1. The failure to disclose that Dr. P.Marie D'Aigle, the corporation's princi-pal promoter and stockholder, is the wifeof Napoleon J. Daigle, director and vicepresident of the underwriter;
2. The statement that Mrs. D'Aiglepaid $42,000 in cash for her shares;
3. The failure to disclose that Mr.Daigle is devoting nearly his full timeto the corporation and is retained as its"financial advisor";
4. The failure to disclose the relation-ship between the issuer and itsunderwriter;
5. Statements concerning the issuer'sreceipt of cash for the issuance of sharesand the disbursement of cash for equip-ment and products;
6. Statements concerning the issuer'sintended use of proceeds.
B. The offering is being made in viola-tion of section 17 of the Securities Act of1933, as amended.
III. It is ordered, Pursuant to Rule261 (a) of the general rules and regula-tions under the Securities Act of 1933, asamended, that the exemption underRegulation A be, and it hereby is, tempo-rarily suspended.
Notice is hereby given that any personhaving any interest in the matter mayfile with the Secretary of the Commis-sion a written request for hearing withinthirty days after the entry of this order;that within twenty days after receipt ofsuch request the Commission will, or atany time upon its own motion may, setthe matter down for hearing at a placeto be designated by the Commission, forthe purpose of determining whether thisorder of suspension should be vacated ormade permanent> without prejudice,however, to the consideration and pres-entation of additional matters at thehearing; that if no hearing is requestedand none is ordered by the Commission,this order shall remain in effect unless
10583FEDERAL REGISTER
NOTICES
or until it is modified or vacated by theCommission; and that notice of the timeand place for any hearing will promptlybe given by the Commission.
It is further ordered, That the Secre-tary of the Commission shall serve a copyof this order by registered mail to Prog-ress Electronics Corporation, Jacoby,Daigle & Werner, Inc., Dr. P. MarieD'Aigle and to Napoleon J. Daigle; thatnotice of the entering of this order shallbe given to all persons by general releaseof the Commission and by publication inthe FEDERAL REGISTER.
Having found in the course of investi-gation No. 3-9 under section 3 of theTrade Agreements Extension Act of 1951,as amended (25 F.R. 4779), that an in-crease in duty or additional importrestriction on the articles described be-low is required to avoid serious injuryto the domestic industry producing likeor directly competitive articles, theUnited States Tariff Commission, in ac-cordance with section 3(b)(1) of thesaid Act, inStituted an investigation onthe 31st day of October 1960, pursuantto section 7 of the said Act, for the pur-pose of determining whether such arti--cles are, as a result, in whole or in part,of the customs treatment reflecting theconcession granted thereon tinder theGeneral Agreement on Tariffs and Trade,being imported into the United States insuch increased quantities, either actualor relative, as to cause or threaten seri-ous injury to the domestic industryproducing like or directly competitiveproducts.
Imported articles covered by the inves-tigation. The imported articles coveredby this investigation are baseball andsoftball gloves, including mitts, providedfor in paragraph 1.502 of the Tariff Actof 1930.
Public hearing ordered. A publichearing in connection with this investi-gation will be held beginning at 10 a.m.,e.s.t., on February 21, 1961, in the Hear-ing Room, Tariff Commission Building,Eighth and E Streets NW., Washington,D.C. Interested parties desiring to ap-pear and to be heard should notify theSecretary of the Commission, in writing,at least five days in advance of the dateset for the hearing.
Investigation instituted. Upon appli-cation of the Western Growers Associa-tion, received September 30, 1960, theUnited States Tariff Commission, on the25th day of October 1960, under theauthority of section 7 of the TradeAgreements Extension Act of 1951, asamended, instituted an investigation todetermine whether cantaloupes in theirnatural state, provided for in paragraph752 of the Tariff Act of 1930, are, as aresult in whole or in part of the duty orother customs treatment reflecting con-cessions granted thereon under the Gen-eral Agreement on Tariffs and Trade,being imported into the United States insuch increased quantities, either actualor relative, as to cause- or threaten seri-ous injury to the domestic industry pro-ducing like or directly competitiveproducts.
Public hearing ordered. A publichearing in connection with this investi-gation will be held beginning at 10 a.m.,e.s.t., on December 6, 1960, in the Hear-ing Room, Tariff Commission Building,Eighth and E Streets NW., Washington,D.C. Interested parties desiring to ap-pear and to be heard at the hearingshould notify the Secretary of the Com-mission, in writing, at least five days inadvance of the date set for the hearing.
Inspection of application. The appli-cation filed in this case is available for
or relative, as to cause or threaten seri-ous injury to the domestic industry pro-ducing like or directly competitiveproducts.
Public hearing ordered. A publichearing in connection with this investi-gation will be held beginning at 10 a.m.,e.s.t., on December 7, 1960, in the Hear-ing Room, Tariff Commission Building,Eighth and E Streets NW., Washington,D.C. Interested parties desiring to ap-pear and to be heard at the hearingshould notify the Secretary of the Com-mission, in writing, at least five days inadvance of the date set for the hearing.
Inspection of application. The appli-cation filed in this case is available forpublic inspection at the office of theSecretary, United States Tariff Commis-sion, Eighth and E Streets NW., Wash-ington, D.C., and at the New York officeof the Tariff Commission located inRoom 437 of the Customhouse, where itmay be read and copied by personsinterested:
pubiuc inspectin at, the office i e Having received advice from theSecretary, United States Tariff Commis- Treasury Department on October 26,sion, Eighth and E Streets NW., Wash- 1960, of a new determination that neph-ington, D.C., and at the New York office eline syenite from Canada is being, orof the Tariff Commission located in is likely to be, sold in the. United StatesRoom 437 of the Customhouse, where it at less than fair value, the United Statesmay be read and copied by persons Tariff Commission has instituted aninterested, investigation under section 201(a) of
Issued: 'November 1, 1960. the Antidumping Act, 1921, as amendedBy order of the Commission. (19 U.S.C. 160(a)), to determine whetheran industry in the United States is being
[SEAL] DONN N. BENT, or is likely to be injured, or is preventedSecretary. from being established, by reason of the
[F.R. Doc. 60-10360; Filed, Nov. 3, 1960; importation of such merchandise into
8:49 a.m.] the United States.A previous Treasury determination of
sales below fair value involving nepheline[7-991 syenite from Canada (25 P.R. 4875) re-
sulted, after investigation, in a negativeWATERMELONS injury determination by the Tariff Coin-
Notice of Investigation and Hearing mission (25 F.R. 8394). The Treasury'snew determination and the reasons
Investigation instituted. Upon appli- therefor appeared in 25 F.R. 10442.cation of the Imperial Valley and Palo No hearing in connection with theVerde Valley, California, and Yuma -and current investigation has been ordered.Central Arizona Watermelon Growers If a hearing is ordered, due notice of theCommittee, received October 28, 1960, time and place thereof will be given. Inthe United States Tariff Commission, on this connection, interested parties arethe 31st day of October 1960, under the referred to § 208.4 of the Commission'sauthority of section 7 of the Trade rules of practice and procedure (19 CFRAgreements Extension Act of 1951, as 208.4) which provides that interestedamended, instituted an investigation to parties may, within 15 days after thedetermine whether watermelons in their date of publication of this notice in thenatural state, provided for in paragraph FEDERAL REGISTER, request that a public752 of the Tariff Act of 1930, are, as a hearing be held, stating reasons for theresult in whole or in part of the duty or request.other customs treatment reflecting con- Any interested party may submit tocessions granted thereon under the Gen- the Commission a written statement oferal Agreement on Tariffs and Trade, information pertinent to the subjectbeing imported into the United States in matter of this Investigation. Fifteensuch increased quantities, either actual 'clear copies of such statement should be
10584
Friday, November 4, 1960
submitted. Information which an inter-ested party desires to submit in confi-dence should be submitted on separatepages, each clearly marked "Submittedin Confidence." Written statementsshould be filed not later than December5, 1960.
Issued: November 1, 19'60.By order of the Commission.[SEAL] DONN N. BENT,
NOVEMBER 1, 1960.Protests to the granting of an appli-
cation must be prepared in accordancewith Rule 40 of the general rules ofpractice (49 CFR 1.40) and filed within15 days from the date of publication ofhis notice in the FEDERAL REGISTER.
LONG-AND-SHORT HAUL
FSA No. 36676: Scrap iron and steel-Muskegon, Mich., to Cleveland, Ohio.Filed by Traffic Executive Association-Eastern Railroads, Agent (CTR No.J446), for interested rail carriers. Rateson scrap iron and steel, as described inthe application, in carloads, from Muske-gon, Mich., to Cleveland, Ohio.
Grounds for relief: Water competition.Tariff: Supplement 102 to The Chesa-
peake and Ohio Railway Company's tariffI.C.C. 13487.
FSA No..36677: Wheat and flour-Ark.,and Okla., to Gulf ports. Filed by South-western Freight Bureau, Agent (No.B-7919), for interested rail carriers.Rates on wheat and flour, in carloads,from specified points in Arkansas andCedars and West Fort Smith, Okla., toTexas and Louisiana Gulf ports, alsoMobile, Ala., Gulfport and Pascagoula,Miss., and Pensacola, Fla.
Grounds for relief: Rail cross-countrycompetition.
Tariffs: Supplement 2 to Missouri Pa-cific Railroad Company's tariff I.C.C.187 and other schedules named in theapplication.
FSA No. 36678: Substituted service-ACL, et al., for McDowall Transport, Inc.Filed by McDowall Transport, Inc. (No.1), for itself and on behalf of the AtlanticCoast Line Railioad Company and otherrail carriers named in the application.Rates on canned fruits and canned fruitjuices, not requiring refrigeration, loadedin trailers and transported on railroadfiat cars between Jacksonville, Lakeland,Orlando, Sanford and Tampa, Fla., onthe one hand, and Chicago and East St.Louis, Ill., Evansville, Ind., Covingtonand Louisville, Ky., and Detroit, Mich.,on the other.
Grounds for relief: Motor-truck com-petition,
FEDERAL REGISTER
Tariff: Supplement 2 to McDowallTransport, Inc., tariff MF-I.C.C. 28.
NOVEMBER 1, 1960.Synopses of orders entered pursuant to
section 212(b) of the Interstate Com-merce Act, and rules and regulationsprescribed thereunder (49 CFR Part179), appear below:
As provided in the Commission's spe-cial rules of practice any interested per-son may file a petition seekingreconsideration of the following num-bered proceedings within 20 days fromthe date of publication of this notice.Pursuant to section 17(8) of the Inter-state Commerce Act, the filing of sucha petition will postpone the effectivedate of the order in that proceedingpending its disposition. The mattersrelied upon by petitioners must bespecified in their petitions withparticularity.
No. MC-FC 63450. By order of Octo-ber 28, 1960, the Transfer Board ap-proved the transfer to Glenn Blank,doing business as G. and E. TruckLine, Joes, Colo., of Certificate in No.MC 26161, issued January 16, 1941, toC. C. Snyder, doing business as SnyderTruck Line, Joes, Colo., authorizing thetransportation of: Livestock, feed, grain,and household goods, between Joes,Colo., and points within 25 miles of Joes,on the one hand, and, on the other,points in Kansas. Walter L. Grutter,P.O. Box 335, Wray, Colo., for applicants.
No. MC-FC 63515. By order of Octo-ber 31, 1960, the Transfer Board ap-proved the transfer to T. M. D., Inc.,Oak Hill, Ohio, of Certificate No.MC 110956, issued March 30, 1951, toThoburn M. Detty, Oak Hill, Ohio, au-thorizing the transportation, over irreg-ular routes, of clay and clay products,from Oak Hill, Ohio, and points within15 miles of Oak Hill, to points in WestVirginia, Pennsylvania, Michigan, andIndiana; and machinery, materials andsupplies used in the manufacture andshipment of clay and clay products onreturn. James M. Burtch, 44 EastBroad Street, Columbus 15, Ohio, forapplicants.
No. MC-FC 63525, MC-FC 63526. Byorder of October 28, 1960, the TransferBoard approved the transfer to Ora KulpLeininger and McKinley Hoover, a part-nership, doing business as CrissonaTrucking Company, Crissona, Pa., ofCertificate in No. MC 25954, issued Feb-ruary 13, 1958, to Ora Kulp Leininger,doing business as Crissona TruckingCompany, Crissona, Pa., authorizing thetransportation of: Coal, fertilizer, ironbars and angles, in bulk, and scrap iron,from and to various specified points inPennsylvania, Maryland, New Jersey,
10585
and New York, and in the same order,pursuant to application No. MC-FC63526, the above specified operatingrights were retransferred from the abovenamed partnership, to McKinley Hoover,doing business as Crissona TruckingCompany, Crissona, Pa. George W.Heffner, 501 West Market Street, Potts-ville, Pa., for applicants.
No. MC-FC 63559. By order of Oc-tober 28, 1960, the Transfer Board ap-proved the transfer to Paul Rose, doingbusiness as Van Tassel HoneymoonTours, Ripley, N.Y., of Certificate No.MC 117035 Sub 1, issued April 8, 1959, toAlbert Jordan and Bernice I. Jordan, apartnership, doing business as Jordan'sInternational Honeymoon Tours, Elli-cottville, N.Y., authorizing the transpor-tation, over irregular routes, of passen-gers and their baggage, in specialoperations, in round trip sightseeing orpleasure tours, limited to the transpor-tation of not more than 7 passengers inany one vehicle, not including the driverthereof, and not including childrenunder 10 years of age who do not occupya separate seat or seats in seasonal op-erations between May 1 and November 1,inclusive, of each year, beginning andending at points in Niagara County,N.Y., and extending to ports of entry onthe United States-Canada Boundary lineat Niagara Falls and Lewiston, N.Y.Thomas J. Runfola, 631 Niagara Street,Buffalo, N.Y., for applicants.
No. MC-FC 63679. By order of Oc-tober 31, 1960, the Transfer Boardapproved the transfer to Sidney J.Williams, doing business as WilliamsCartage, Oaklawn, Ill., of Certificates inNos. MC 73244 and MC 73244 Sub 1,issued October 15, 1942, and Novem-ber 23, 1949, respectively, to George R.Jansen Transfer Company, a corpora-tion, St. Louis, Mo., authorizing thetransportation of: General commodities,excluding household goods, commoditiesin bulk, and other specified commoditiesbetween points in St. Louis, Mo.-East St.Louis, Ill., and between points in the St.Louis-East St. Louis commercial zone, asdefined by the Commission, on the onehand, and, on the other points in St.Louis County, Mo., not within the com-mercial zone. Austin C. Knetzger, at-torney at law, 722 Chestnut Street, St.Louis 1, Mo., for applicants.
At a general session of the InterstateCommerce Commission, held at its officein Washington, D.C., on the 25th day ofOctober A.D. 1960.. It appearing that by petition filed
April 29, 1960, with the Interstate Com-merce Commission, the Middle AtlanticConference, through which approximate-ly 1,300 member motor common carriers
NOTICES
publish and file their tariffs, prays thatthe Commission, upon its own motioninstitute an investigation into chargesfor the detention of vehicles incident tothe loading or unloading of truckloadshipments, and the rules, regulationsand practices in connection therewith,of all common carriers by motor operat-ing in Middle Atlantic territory and be-tween that territory and New Englandterritory, as defined in Ex Parte MC-20and Ex Parte MC-22, 24 M.C.C. 501,631-633 and 8 M.C.C. 287, 330-331;
It further appearing that the peti-tioner avers that the present rules orlack of uniformity among the carrierswith respect to detention charges hascreated chaos in the area; that the re-plies indicate that the financial condi-tion of the carriers and their ability torender adequate service may require theprescription of a rule and basis forcharges similar to that set out in thepetition;
It further appearing that notice of thepetition, together with the text of the
rule proposed by the petitioner, was pub-lished in the FEDERAL REGISTER on Au-gust 11, 1960, at 25 F.R. 7664, allowingrepresentations in support of or in op-position to be filed by September 16,1960;
And it further appearing that 29 motorcarriers, 42 shippers, warehousemen,port authorities, etc., and one rail car-rier, have filed representations or repliesto the petition, and 36 others have ex-pressed interest in the proceeding;
It is ordered, That in response to saidpetition, an investigation be, and it ishereby, instituted, and that a hearingbe held for the purpose of giving therespondents hereinafter designated andany other persons interested an oppor-tunity to present evidence to determinewhether the Commission should pre-scribe a rule which would be applicablefor determining the charges for the de-tention of motor vehicles by consignorsor consignees for application in the areasought by petitioner;
It is further ordered, That all commoncarriers of property by motor vehicleoperating between points within MiddleAtlantic territory and between points inthat territory and points in New Englandterritory, as those territories are definedin the first appearing paragraph hereof,be, and they are hereby, made respond-ents to this proceeding;
It is further ordered, That notice ofthis proceeding be given to the generalpublic by depositing a copy of this orderIn the office of the Secretary of the Com-mission at Washington, D.C., and by fil-ing a copy with the Director, Office ofthe Federal Register, Washinton, D.C.;. And it is further ordered, That this
proceeding be assigned for hearing atsuch time and place as the Commissionmay hereafter designate.
CUMULATIVE CODIFICATION GUIDE-NOVEMBERThe following numerical guide is a list of the parts of each title of the Code ofFederal Regulations affected by documents published to date during November.
