Pages 363-394

REGISVOLUME 28 1934

^ N n t o

Washington, Tuesday, January 75, 7963

NUMBER 10

ContentsAgricultural Marketing Service Rules and R egulations: lemons grown in California and

Arizona; handling limitation,- 366

Agricultural Research ServiceNotices:Identification of carcasses of cer­

tain humanely slaughtered live­stock; supplemental list of hu­mane slaughterers__________ 382

Agricultural Stabilization and Conservation Service

Proposed Rule Making:Milk in Colorado Springs-Pueblo

and Eastern Colorado market­ing areas; recommended deci- S10n............ ........ .............. _____ 371

Agriculture DepartmentSee Agricultural Marketing Serv­

ice; Agricultural Research Serv­ice; Agricultural Stabilization ana Conservation Service; Farmers Home Administration.

Army DepartmentSee Engineers Corps.

Civil Aeronautics BoardNotices:

EXirfvPcHa^ f ge charges; order of v. esfclgation and suspension.__ 384Hearings, etc.:

rate matter__________ 384? a i « ; ^ nyer-KaB^ « ÿ

&HellmS?ClS<?- • “ * Oakland 3*4Helicopter Airlines___ 384

K * T ollerof,heCu,TencyCmpfrolta; order of succession -

----- 382Sef®nse Department

Ensineers Corps.

Emergency Planning OfficeNotices:Organizational statement and

delegations of authority______ 387Engineers CorpsR ules and R egulations:Bridge regulations; Skamokawa

Creek, Wash________ ________ 368Farmers Home AdministrationR ules and R egulations :Farm ownership loans, soil and

water conservation loans, and security servicing and liquida­tions; changes in annual charge and nonredemption period____ 365

Federal Aviation AgencyR ules and R egulations:Vickers Viscount 745D and 810

Series aircraft; airworthiness directive________________ __ 366

Federal Communications Commission

Notices:Hearings, etc.:

Collier Electric Co. et al_____ 384Desert Broadcasting Co., Inc__ 384Greenwich Broadcasting Corp.

et al--------------------------- 385KDI£, Inc. (KDIA)_________ 385L. B. Wilson, Inc., et al_______ 385Lapping, Geoffrey A_________ 385Mountain View Broadcasting

Cov------ -------------------------- 3851360 Broadcasting Co., Inc.

(WEBB)--------------- 385R ules and R egulations:Commission organization; Field

Engineering Bureau_________ 369

Federal Maritime CommissionNotices:Federal and Atlantic Lakes Line;

filing of amendments to non­conference exclusive patronage shippers contracts__________ 886

R ules and R egulations:Independent ocean freight for- • warders; requirements for li­

censing _______ 368

Federal Power CommissionNotices:Hearings, etc.:

Columbia Gulf TransmissionCo---------------------------------- 386

Midland Petrochemical Co____ 386

Federal Reserve SystemNotices:Brenton Companies, Inc.; applica­

tion for approval of acquisition of shares of bank____________ 386

Federal Trade CommissionR ules and R egulations :Rieser Co., Inc., et al.; prohibited

trade practices______________ 367

Food and Drug AdministrationP roposed R ule Making :Pesticide chemicals; filing of peti­

tion---------------------------------- 381

Foreign Assets ControlNotices :Horse mane hair; importation

from countries not in authorized ' trade territory; applications for

licenses____________________ 382

Health, Education, and Welfare Department

See Food and Drug Administra­tion.

Internal Revenue ServiceR ules and R egulations:Income tax; taxable years begin­

ning after December 31, 1953;retirement income__________ 367

(Continued, on next page)363

364 CONTENTS

Interstate Commerce CommissionNotices :Fourth section applications for

relief_____________________ 391Motor carrier transfer proceed­

ings______________________ 391Texas; authorization of railroads

to transport livestock feed and hay to drouth area at reducedrates------------------------------— 391

Western Railroad Traffic Associa­tion; application for approval of amendments to agreement------ 392

Labor DepartmentSee Wage and Hour Division.

State DepartmentNotices:Director of International Scien­

tific Affairs; authority delega­tion; correction_____________ 382

R ules and R egulations :Visas; documentation of nonim­

migrants under Immigration and Nationality Act; revalida­tion; correction ----------------- 367

Treasury Department See also Comptroller of the Cur­

rency; Foreign Assets Control; Internal Revenue Service.

Notices: *Zurich Insurance Co.; acceptable

reinsuring company on Federal bonds_____________________ 382

W age and Hour DivisionNotices:Certificates authorizing employ­

ment of full-time students work­ing outside of school hours in retail or service establishmentsat special minimum wages------ 389

P roposed R ule Making:Certain industries in Puerto Rico;

minimum piece rates------ ------ 377

Codification GuideThe following numerical guide is a list ol 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 the section numbers as well as the part numbers affected.

6 CFR321 __________________ 365322 _________ ___ __________ —- 365351 _____________________ 365352 ______________________ 365354______________________ '366373___________________ 366

7 CFR910__________________________ 366P roposed R ules:1135-------- 3711137_______— -------------------— 371

14 CFR507______ ——_______________ 36616 CFR13___________________________ 367

21 CFRP roposed R ules:120______________________ - __ 381

22 CFR41___________________________ 367

26 CFR1____ _________ _____________ 367

29 CFRP roposed R ules:,545_____________________ 377

33 CFR203______ f _______________ ___ 368

46 CFR510__ .'_______________________ 368

47 CFRo.

Announcing first 5-year Cumulation

UNITED STATES STATUTES AT LARGE

TABLES OF LAWS AFFECTED in Volumes 70-74

Lists all prior laws and other Federal instruments which were amended, repealed, or otherwise affected by the provisions of public laws enacted during the years 1956—1960. In* eludes index of popular name acts

affected in Volumes 70—74.Price: $1.50

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

General Services Administration Order from Superintendent of Documents, United States Government Printing Office,

Washington 25, D.C.

369

rrnrnil MMM OmiCTTO Published dally, except Sundays, Mondays, and days following official Federal . ?§ f ,1 1 F .F lr l I i i r , | H i v I by the Office of the Federal Register, National Archives and Records Service, Gen

ices Administration, pursuant to the authority contained in the Federal ,laij0nsTill*. O« 10QR /Ad H+o(- RAA ao omanriori. ¿LA XJ &.C., Ch. 8B), Under TcgUL

Distribution is made only 7

p» j* ! & £ £

Telephone 'oamo*' worth 3-3261 proved July 26, 1935 (49 Stat. 500, as amended; 44 U5.C.,prescribed by the Administrative Committee of the Federal Register, approved by the President.Superintendent of Documents, Government Printing Office, Washington 25, D.O. . _

The Federal register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per ^nonejadvance. The charge for individual copies (minimum 15 cents) varies in proportion to the size of the issue. Remit chec order, made payable to the Superintendent of Documents, directly to the Government Printing Office, Washington 25, D. • pur*

The regulatory material appearing herein is keyed to the Code of F ederal R egulations, which is published, under do g ’ eriQ- suant to section 11 of the Federal Register Act, as amended August 5, 1953. The Code of F ederal R egulations is sold by * tendent of Documents. Prices of books and pocket supplements vary. regulatioNS'

There are no restrictions on the republication of material appearing in the F ederal Register, or the Code of F ederal k

Rules and RegulationsTitle 6— AGRICULTURAL

CREDIT[FHA Instruction 443.1]

PART 322— PROCESSING INITIAL LOANS

Chapter III— Farmers Home Adminis­tration, Department of Agriculture SUBCHAPTER B— FARM OWNERSHIP LOANS

[FHA Instruction 443.1 ]

PART 321— POLICIES AND AUTHORITIES

Changes in Annual Charge and Nonredemption Period

L Section 321.9, Title 6, Code of Fed­eral Regulations (formerly § 331.9, 26 PR. 9307, redesignated § 321.9, 28 F.R. 5), is revised to change the rate of an­nual charge, the length of initial fixed period for nonredemption of insured loans, and the amortization period for certain loans, to read as follows:§ 321.9 Terms of loans.

(a) Amortization Period. Each loan will be scheduled for payment within the shortest period consistent with the abil­ity of the borrower to pay. In no case will the payment period exceed 40 years from the date of the note. For a loan of $2,500 or less that is not secured by a real estate mortgage, the payment period will not exceed 10 years.

(b) Interest rate for direct loans. For direct loans, the interest rate to the borrower will be 5 percent per year on the unpaid principal.

(c) Interest rate, annual charge rate end length of fixed period for insured loans. For insured loans, the interest rate to the borrower will be 5 percent per year on the unpaid principal. The lender has the option of selecting an initial-fixed period for which the loan is not redeemable except at the Gov- jf^ e n t’s request (herein called “fixed period’), of either 6 years or 3 years, to

stipulated in the insurance endorse­ment. If the fixed period is 6 years, the (Government will retain out of the bor- owers payments an annual charge of

n ®e-f°urths of one percent per year S h“ ? .un?aid Principal or, if the fixed J2?? 18 years, the Government will Qri? L an a? nual charge at the rate of ft,,tVliPe.rcenk> unless the Administrator fixw? » 6S- ^ different rate or different ratp or both. The foregoingSolv f e S * of flxed Periods will aftef loans aPProved on andproved !w * * I 4’ 1963’ ^ d those ap- be that date which cannotc h S , f y dune 3’ 1963. The annualand the leiLth °f 0ne percent) which 0iLfixed Period (3 years)14 ^ effe°t Prior to Januaryapproved w * apply to insured loans

1963’ andttAC. 1927 7 5 s t a t - 308» 318; 7Agr., 1 9 p n ^ 2 8 JL.1989: 'Orders Of Sec. of 9957) ' 74, 2 6 P R - 8403, 27 F .R . 5005,

2. Section 322.15(h) (5), Title 6, Code of Federal Regulations (formerly 1 332.15(h)(5), 26 F.R. 9307, redesig­nated § 322.15(h) (5), 28 F.R. 5) , is re­vised to change the rate of annual charge and to read as follows:§322.15 Loan closing actions.

* * * * *(h) Preparation and endorsement of

note. * * *(5) For insured loans, other than those

made from the insurance fund,, the promissory note will be assigned to the lender simultaneously with loan closing. This will be done by endorsing the note over to the lender, using the Form of en­dorsement on the reverse of the note. Form FHA 440-5, “Insurance Endorse­ment (Insured FO, LH or SW Loan),” will also be executed simultaneously with loan closing for delivery to the lender with the note. The rate of annual charge to be inserted a t the time of loan closing in paragraph 4 of Form FHA 440-5 is three-fourths of one percent if the insurance endorsement provides for an initial flxed period for which the loan is not redeemable except at the Govern­ment’s request (herein called “fixed period”), of 6 years; if the insurance endorsement provides for a fixed period of 3 years, the rate of annual charge to be inserted in paragraph 4 of Form FHA 440-5 is one percent. The foregoing rates and lengths of fixed period will apply to insured loans approved on and after January 14, 1963, and those ap­proved before that date which cannot be closed by June 3, 1963. For insured loans approved before January 14, 1963, and closed before June 3, 1963, the rate of annual charge to be inserted at the time of loan closing in paragraph 4 of Form FHA 440-5 is one-half of one percent and the insurance endorsement will provide for a fixed period of 3 years. (Secs. 308, 339, 75 Stat. 308, 318; 7 U.S.C. 1928, 1989; Orders of Sec. of Agr., 19 F.R. 74, 26 F.R. 8403, 27 FJR. 5005, 9957)

SUSCHAPTER D— SOIL AND WATER CONSER­VATION LOANS

[FHA Instruction 442.1]PART 351— POLICIES AND

AUTHORITIES3. Section 351.2(d)(1), Title 6, Code

of Federal Regulations (26 F.R. 9307), is revised to change the rate of annual charge and the length of initial fixed period for nonredemption of insured loans, and to read as follows:§ 351.2 Loans to individuals.

* * * • *

(d) Rates and terms— (1) Interest, annual charge and fixed period—(i) In ­terest rate for direct loans. For direct loans to individuals, the interest rate to

the borrower will be 5 percent per year on the unpaid principal.

(ii) Interest rate, annual charge rate and length of fixed period for insured loans. For insured loans to individuals, the interest rate to the borrower will be 5 percent per year on the unpaid prin­cipal. The lender has the option of selecting an initial fixed period for which the loan is not redeemable except at the Government’s request (herein called “fixed period”), of either 6 years or 3 years, to be stipulated in the insurance endorsement. If the fixed period is 6 years, the Government will retain out of the borrower’s payments an annual charge of three-fourths of one percent per year on the unpaid principal or, if the fixed period is 3 years, the Govern­ment will retain an annual charge at the rate of one percent, unless the Adminis­trator authorizes a different rate or dif­ferent fixed period or both. The fore­going annual charge rates and lengths of fixed period will apply to insured loans to individuals approved on and after January 14, 1963, and those approved before that date which cannot be closed by June 3, 1963. The annual charge rate (one-half of one percent) and the length of fixed period (3 years) which were in effect prior to January 14, 1963, will apply to insured loans to individuals approved before January 14, 1963, and closed before June 3, 1963.(Secs. 307, 308, 339, 75 Stat. 306, 318; 7 U.S.C. 1927, 1928, 1989; Orders of Sec. of Agr., 19 F.R. 74, 26 F.R. 8403, 27 F.R. 5005, 9957)

[FHA Instruction 442.1 ]

PART 352— PROCESSING LOANS TO INDIVIDUALS

4. Section 352.7(c)(4), Title 6, Code of Federal Regulations (26 F.R. 9307), is revised to change the rate of annual charge and to read as follows:§ 352.7 Loan closing.

* * * * *(c) Preparation and endorsement of

promissory note. * * *(4) For insured loans to individuals,

other than those made from the insur­ance fund, the promissory note will be assigned to the lender simultaneously with loan closing. This will be done by endorsing the note over to the lender, using the form of endorsement on the reverse of the note. Form FHA 440-5, “Insurance Endorsement (Insured FO, LH or SW Loan),” will also be executed simultaneously with loan closing for de­livery to the lender with the note. The rate of annual charge to be inserted at the time of loan closing in paragraph 4 of Form FHA 440-5 is three-fourths of one percent if the insurance endorse­ment provides for an initial fixed period for which the loan is not redeemable except at the Government’s request (herein called “fixed period”) , of 6 years; if the insurance endorsement provides for a fixed period of 3 years, the rate of

365

366 RULES AND REGULATIONS

annual charge to be inserted in para­graph 4 of Form FHA 440-5 is one per­cent. The foregoing rates and lengths of fixed period will apply to insured loans to individuals approved on and after January 14, 1963, and those approved before that date which cannot be closed by June 3, 1963. For insured loans ap­proved before January 14, 1963, and closed before June 3, 1963, the rate of annual charge to be inserted at the time of loan closing in paragraph 4 of Form FHA 440-5 is one-half of one percent and the insurance endorsement will pro­vide for a fixed period of 3 years.(Secs. 308, 339, 75 Stat. 308, 318; 7 U.S.O. 1928, 1989, Orders of Sec. of Agr., 19 F.R. 74, 26 F.R. 8403, 27 FJR. 5005, 9957)

[FHA Instruction 442.2]PART 354— PROCESSING LOANS TO

ASSOCIATIONS5. Section 354.8(b)(7), Title 6, Code

of Federal Regulations (26 F.R. 9308), is revised to change the rate of annual charge and length of initial fixed period for nonredemption of insured loans to associations, and to read as follows:§ 354.8 Loan closing.

* * * * *

(b) Preparation of p r o m i s s o r y note. * * *

(7) For insured loans to associations, other than those made from the insur­ance fund, the promissory note or bond will be assigned to the lender simul­taneously with loan closing. This will be done by endosing the note over to the lender, or if the loan is evidenced by a bond issue the bonds will be made payable in such manner as may be ap­proved by the Farmers Home Adminis­tration. Form FHA 440-5, “Insurance Endorsement (Insured FO, LH or SW Loan),” or such other form of insurance endorsement as may be approved by the Farmers Home Administration will be executed simultaneously with loan clos­ing for delivery to the lender with the note or bond(s). For all insured loans to associations approved on or after Jan­uary 14, 1963, interest rates, annual charge rates and initial fixed periods for which the loan is not redeemable except at the Government’s request (herein called “fixed period”) , will be as follows, unless the Administrator authorizes dif­ferent rates or different fixed periods or both.

(i) When the lender agrees to make a loan at 4 percent, the Government will retain an annual charge of three- fourths of one percent and the initial fixed period will be 6 years. The inter­est rate to the borrower will be 5 per­cent.

(ii) When the lender will receive 4 percent or less, the Government will re­tain an annual charge of one percent and the initial fixed period will be 3 years. The interest rate to the borrower will be obtained by adding one percent to the lender’s return.

(iii) When the lender will receive be­tween 4 percent and 4% percent, the Government’s annual charge rate will be that fractional part of one percent which when added to the lender’s return

will equal 5 percent, and the initial fixed period will be 3 years. The interest rate to the borrower will be 5 percent.(Secs. 307, 308, 339, 75 Stat. 308, 318; 7 U.S.O. 1927, 1928, 1989; Orders of Sec. of Agr., 19 F.R. 74, 26 FJEt. 8403, 27 F.R. 5005, 9957)

SUBCHAPTER F— SECURITY SERVICING AND LIQUIDATIONS

[FHA Instruction 471.1]PART 373— ASSIGNMENT OF

INSURED NOTES6. Section 373.7(c) (2), Title 6, Code of

Federal Regulations (27 F.R. 12397), is revised to permit flexibility in the length of the initial fixed period, and to read as follows:§ 373.7 Assignment of notes from the

insurance fund.* * * * *

(C) * * *(2) Whenever notes on forms bearing

a form date (or revision date) of Janu­ary 8, 1959, or later are assigned from the insurance, fund, execute Form FHA 440-5, “Insurance Endorsement (Insured FO, LH, or SW Loan),” for each note, or he will execute such other form of in­surance endorsement as the National Office may approve. The rate of annual charge and the length of the fixed pe­riod to be stipulated in the insurance endorsement or other agreement will be determined by negotiation with the buyer, but in no case will the rate of an­nual charge be less than Vz of one per­cent, nor will the initial fixed period be less than 3 years. The initial fixed pe­riod will begin from the date of execu­tion of the insurance endorsement.(Sec. 510, 63 Stat. 437, secs. 308, 309, 339, 75 Stat. 308, 309, 318; 7 U.S.C. 1928, 1929, 1989, 42 U.S.O. 1480; Orders of Sec. of Agr., 19 F.R. 74, 26 F.R. 8403, 27 F.R. 5005, 9957)

Dated: January 10,1963.H oward B ertsch,

Administrator,Farmers Home Administration.

[FJR. Doc. 63-398; Filed, Jan. 14, 1963;8:47 a.m.j

Title 7— AGRICULTUREChapter IX— Agricultural Marketing

Service (Marketing Agreements and Orders), Department of Agriculture

[Lemon Reg. 44, Arndt. 1]

PART 910— LEMONS GROWN IN CALIFORNIA AND ARIZONA

Limitation of HandlingFindings. 1. Pursuant to the market­

ing agreement, as amended, and Order No. 910, as amended (7 CFR Part 910), regulating the handling of lemons grown in California and Arizona, effective un­der the applicable provisions of the Agri­cultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), and upon the basis of the recommendation and information submitted by the Lemon Administrative Committee, established under the said a m e n d e d marketing

agreement and order, and upon other available information, it is hereby found that the limitation of handling of such lemons as hereinafter provided will tend to effectuate the declared policy of the act.

2. I t is hereby further found that it is impracticable and contrary to the pub­lic interest to give preliminary notice, engage in public rule-making procedure, and postpone the effective date of this amendment until 30 days after publica­tion hereof in the F ederal R egister (5 U.S.C. 1001-1011) because the time in­tervening between the date when infor­mation upon which this amendment is based became available and the time when this amendment must become effective in order to effectuate the de­clared policy of the act is insufficient, and this amendment relieves restriction on the handling of lemons grown in Cali­fornia and Arizona.

Order, as amended. The provisions in paragraph (b) (1) (ii) of § 910.344 (Lemon Regulation 44, 28 F.R. 151) are hereby amended to read as follows:

(ii) District 2: 209,250 cartons.(Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674)

Dated: January 10, 1963.Paul A. N icholson,

Deputy Director, Fruit and Veg­etable Division, Agricultural Marketing Service.

[F.R. Doc. 63-396; Filed, Jan. 14, 1963; 8:47 am.]

Title 14— AERONAUTICS AND SPACE

Chapter III— Federal Aviation AgencySUBCHAPTER C— AIRCRAFT REGULATIONS

[Reg. Docket No. 1551; Arndt. 529] PART 507— AIRWORTHINESS

DIRECTIVESVickers Viscount 745D and 810 Series

AircraftAmendment 416, 27 F.R. 3377 (AD 62-

9-5), requires replacement of cracked landing gear cross tube end fittings on Vickers Viscount 745D and 810 Series aircraft, except that some may be re­used if they meet specified limitations. The manufacturer has issued recent in­structions which provide an acceptable alternative method of crack detection that does not require removal of tne landing gear to make tke ; inspection. Therefore, to enable operators to use tins method, Amendment 416 is bëing amend­ed to refer to the latest issue of tn manufacturer’s instructions.

Since this amendment provides a r - laxation and imposes no additional burden on any person, notice and PUD procedure hereon are unnecessary, a the amendment may be made effect upon publication in the F ederal Regis

In consideration of the foregoing,« pursuant to the authority delegawa me by the Administrator (25 FJR-64°“J § 507.10(a) of Part 507 (14 CFR P*«1 507), is hereby amended as follows.

Tuesday, January 15, 1963 FEDERAL REGISTER 367Amendment 416, 27 FJR. 3377, (AD

62-9-5), Vickers Viscount 745D and 310 series aircraft is amended by deleting the reference to PTL Issue 2 dated November 13, 1961, in paragraph (c) and in the parenthetical reference statement and inserting in lieu thereof the reference, “PTL Issue 3 dated May 4,1962”.

This amendment shall become effective January 15,1963.(Secs. 313(a), 601, 603; 72 Stat. 752, 775, 776- 49 U.S.C. 1354(a), 1421,1423)

Issued in Washington, D.C., on Jan­uary 9,1963.

George C. P rill, Director,

Flight Standards Service.[PJl. Doc. 63-374; Filed, Jan. 14, 1963;

8:45 a.m.]

Title 16-COMMERCIAL PRACTICES

Chapter I-—Federal Trade Commission [Docket 8471]

PART 13— PROHIBITED TRADE PRACTICES

Rieser Co., Inc., et al.Subpart—Concealing, obliterating or

removing law required and informative marking: § 13.510 Foreign source. Sub- part—Misbranding or mislabeling:§ 13.1321 Seals, emblems, or awards. Subpart—Neglecting, unfairly or decep-si o i ón ma^e material disclosure : Hd.1900 Source or origin: 13.1900-35 Foreign product as domestic.(Sec. 6, 38 Stat. 721; 15 ÜS.C. 46. Interpret tt 5’ Stat. 719, as amended; 15rvT t 45 fCease and desist order, RiesernT vlc,i et al-> New York, N.Y., Docket 8471, oec. 18,1962]

In the Matter of Rieser Co., Inc., a Cor­poration, and Norvin H. Rieser, Jr., and ÉMpene F. Rieser, Individually and 03 Officers of Said Corporation

tribnfe r?quiring New York City dis- that « 2 Ï* uCease p re sen tin g falsely 5 5 f H?b"pins had been awarded a “Fir«?1!!6-’ through use of the trade mark the n i ,^ 26 P°b-Pins” superimposed on ing onïhe ?f a ?luf prize ribbon appear- the b o h ^ front of each card to which selling. ^ ere attached; and to ceasePacke^^nt?01 6 vedles in small paper Manner to display cards in suchGermanv-?? the words “Made in West- were nrJ ,7pP,earing. on the reverse side torn off VlSlb e until the packets were

rni _

follows ?r e r to cease a n d d e s is t is a s

Rieser That respondents, Therectly a- corp o r a t io n (incor-Rieser Co b T«te? ln the complaint as Norvin w’’t v '*’ and its officers, and Rieser Jr * « « Eugene P.such corDOTQ> ally and 85 officers of s _^°ration, a n d respondents’

fering for sale, sale or distribution of bobpins, sewing needles, hair nets, hair­pins, hair accessories or any other arti­cles of merchandise, in commerce, as “commerce” is defined in the Federal Trade Commission Act, do forthwith cease and desist from:

1. Using the words “First Prize,” or any substantially similar phrase, as a name for or as descriptive of such products.

2. Representing, directly or indirectly, in any manner or by any means, that such products have won or have been awarded a prize for grade, quality or design.

3. Offering for sale, selling, or dis­tributing any such products packaged, or mounted in a container, or on a display card, without disclosing the country or place of foreign origin of the product, or substantial part thereof, on the front or face of such packaging, container, or display card, so positioned as to clearly have application to the product so pack­aged or mounted, and of such degree of permanency as to remain thereon until consummation of consumer sale of the product, and of such conspicuousness as to be likely observed and read by pur­chasers and prospective purchasers mak­ing casual inspection of the product as so packaged or mounted.

4. Furnishing or otherwise placing in the hands of retailers or dealers in such products the means and instrumentali­ties by and through which they may mis­lead or deceive the public in the manner or as to the things prohibited by this order.

By “Final Order”, report of compliance was required as follows:

It is further ordered, That respondents, The Rieser Co., Inc., Norvin H. Rieser, Jr., that Eugene F. Rieser shall, within sixty (60) days after service upon them of this order, file with the Commission a report, in writing, setting forth in de­tail the manner and form in which they have complied with the order to cease and desist.

Issued: December 18,1962.By the Commission.[seal] J oseph W. Shea,

Secretary.[F.R. Doc. 63-378; Filed, Jan. 14, 1963;

8:45 a.m.]

Title 22— FOREIGN RELATIONSChapter I— Department of State

[Dept. Reg. 108.488]

PART 41— VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED

Revalidation of Visas Correction

In F.R. Doc. 63-222, appearing at page 274 of the issue for Thursday, January 10, 1963, paragraphs (a) and (b) of § 41.125 are changed to read as set forth below:

(a) Conditions for revalidation. A nonimmigrant visa may, in the discre­tion of the consular officer, be revalidated for the period or periods specified un­der paragraphs (c) and (d) of this sec­tion in the same classification at any visa-issuing office if (1) the alien’s na­tionality is the same, (2) the visa is about to expire or has expired, or has become invalid by reason of having been used for the number of applications for ad­mission specified therein, (3) the appli­cation for revalidation is made within one year of the date of expiration of the original visa or any revalidation thereof, and (4) the consular officer is satisfied that the alien is a bona fide nonimmi­grant and is otherwise eligible to receive a nonimmigrant visa.

(b) Waiver of personal appearance. Except as indicated in paragraph (d) of this section, the consular officer may, in his discretion, waive the personal ap­pearance of an alien who is an applicant for revalidation of his visa.

Title 26-INTERNAL REVENUEChapter I— Internal Revenue Service,

Department of the Treasury'[TJD. 6633]

P A R T 1— INCOME TAX; TAXABLE YEARS BEGINNING AFTER DECEM­BER 31, 1953

Retirement IncomeIn order to conform the Income Tax

Regulations (26 CFR Part 1) under sec­tion 37 of the Internal Revenue Code, relating to retirement income, to the amendment made by the Act of October 24, 1962 (Public Law 87-876, 76 Stat. 1199), such regulations are amended as follows:

P aragraph 1. Section 1.37 is amended by revising section 37(d) and by revis­ing the historical note a t the end of the section. These amended provisions read as follows:§ 1.37 Statutory provisions; retirement

income. "Sec. 37. Retirement income. * * *

(d) Limitation on retirem ent income. For purposes of subsection (a), the amount of retirement income shall not exceed $1,524 less—

(1) In the case of any individual, any amount received by the individual as a pension or annuity—

(A) Under title H of the Social Security Act,

(B) Under the Railroad Retirement Acts of 1935 or 1937, or

(C) Otherwise excluded from gross in­come, and

(2) In the case of any individual who has not attained age 72 before the close of the taxable year—

(A) If such individual has not. attained age 62 before the close of the taxable year, any amount of earned income (as defined in subsection (g )) in excess of $900 re­ceived by such individual in the taxable year, or

(B) If such individual has attained age 62 before the close of the taxable year, the sum of (i) one-half the amount of earned Income received by such individual ln the taxable year in excess of $1,200 but not in

368 RULES AND REGULATIONSexcess of $1,700, and (ii) the amount of earned income so received in excess of $1,700.

* * * * *

[Sec. 37 as amended by Act of Aug. 9, 1955 (Public Law 299, 84th Cong., 69 Stat. 591); Act of Jan. 28, 1956 (Public Law 398, 84th Cong., 70 Stat. 8); Act of Oct. 24,1962 (Public Law 87-876, 76 Stat. 1199) ]

P ar. 2. Paragraph (b) of § 1.37-1 is amended to read as follows:§ 1.37—1 Allowance of credit for retire­

ment income.* * * * *

(b) Section 37(d) provides that the amount of retirement income with re­spect to which the retirement income credit is allowable can in no event ex­ceed $1,524 ($1,200 for taxable years ending before October 25, 1962). Thus, the maximum credit for an individual cannot exceed $304.80 ($240 for taxable years ending before October 25, 1962), so long as section 1 provides a 20 per­cent rate for the first $2,000 of taxable income. If section 1 should be amended to change this rate, the amount of the credit and the maximum amount of credit would be changed accordingly.

P ar. 3. Section 1.37-4 is amended b y revising paragraphs (a) and (b ) and b y adding an example (3) to paragraph (d). The amended paragraphs (a) and (b ) and example (3) in paragraph (d) read as follows:§ 1.37—4 Limitation on amount of re­

tirement income.(a) Section 37(d) provides a limita­

tion on the amount of retirement income with respect to which the retirement in­come credit is allowable. Such credit is computed on the amount of retire­ment income, as defined in section 37 (c), but on not more than the amount de­termined as the limitation provided by section 37(d). In any event, the maxi­mum amount of retirement income with respect to which the retirement income credit is allowable is $1,524 ($1,200 for taxable years ending before October 25, 1962).

(b) The limitation provided by sec­tion 37(d) is determined by subtract­ing from $1,524 ($1,200 for taxable years ending before October 25,1962) the sum of—

(1) Amounts received during the tax­able year as (i) a pension or annuity under Title n of the Social Security Act (42 U.S.C. ch. 7); (ii) a pension or an­nuity under the Railroad Retirement Acts of 1935 or 1937 (45 U.S.C. ch. 9); and (iii) any other pension or annuity which is excludable from gross income, such as pensions received under laws relating to veterans, and

(2) (i) For taxable years ending after October 24, 1962, the amount of earned income received during the taxable year in excess of (a) $900, if the individual has not attained the age of 62 before the close of his taxable year, or (b) $1,700 plus one-half the amount of earned in­come received during the taxable year in excess of $1,200 but not in excess of

$1,700, if the individual has attained the age of 62 but not 72 before the close of his taxable year; or

(ii) For taxable years beginning after December 31, 1955, and ending before October 25, 1962, the amount of earned income received during the taxable year in excess of (a) $900, if the individual has not attained the age of 65 before the close of his taxable year, or (b) $1,200, if the individual has attained the age of 65 but not 72 before the close of his taxable year; or

(iii) For taxable years beginning be­fore January 1, 1956, the amount of earned income received during the tax­able year in excess of $900, if the in­dividual has not attained the age of 75 before the close of his taxable year.

$ $ * ♦ * ♦

(d) The determination of the limita­tion of section 37(d) may be illustrated by the following examples:

* * * * #

Example (3). If an individual eligible for the retirement income credit, age 62 at the close of the taxable year 1962, received as his only income during the taxable year $900 as a pension from the State of New York and $2,100 as compensation for personal serv­ices rendered by him during such year, the individual is entitled for such taxable year to a retirement income credit on $874 of the pension. Since the individual has not attained the age of 72 before the close of the taxable year, the limitation of section 37 (d) is determined by subtracting from $1,524 the amount of $650, that is, $400, the amount of earned income which is in excess of $1,700, plus $250, one-half of the amount of earned income in excess of $1,200 but not in excess of $1,700. The limitation is thus $874 ($1,524 less $650) and the retirement Income credit is computed on $874 of the retirement income (the pension item ). If the individual had attained the age of 72 before the close of the taxable year 1962, no amount would be subtracted from $1,524 by reason of his earned income and the limita­tion would then be $1,524 instead of $874, and the retirement income credit would be computed on the entire amount of the pen­sion item of $900.

Because this Treasury decision amends existing regulations merely by changing certain figures used in computing the limitation on the amount of retirement income under section 37 of the Code in conformity with the amendment made by the Act of October 24, 1962 (Public Law 87-876, 76 Stat. 1199), it is found unnecessary to issue this Treasury deci­sion with notice and public procedure thereon under section 4(a) of the Ad­ministrative Procedure Act, approved June 11, 1946, or subject to the effective date limitation of section 4(c) of that Act.(Sec. 7805 of the Internal Revenue Code of 1954 (68A Stat. 917; 26 U.S.C. 7805))

[seal] Mortimer M. Caplin,Commissioner of Internal Revenue.Approved: January 10, 1963.

S tanley S . Surrey,Assistant Secretary of the

Treasury.[F.R. Doc. 63-388; Filed, Jan. 14, 1963;

8:46 a.m.]

Title 33— NAVIGATION AND NAVIGABLE WATERS

Chapter II— Corps of Engineers, Department of the Army

PART 203— BRIDGE REGULATIONSSkamokawa Creek, Wash.

Pursuant to the provisions of section 5 of the River and Harbor Act of August 18, 1894 (28 Stat. 362; 33 U.S.C. 499), § 203.758 governing the operation of the Washington State Highway Bridge across Skamokawa Creek near Skamo­kawa, Washington, is hereby revised to permit the drawbridge to remain in a closed position, effective 30 days after publication in the F ederal Register, as follows:§ 203.758 Skamokawa Creek, Wash.;

Washington State Highway Bridge at Skamokawa.

The draw of the bridge need not be opened for the passage of vessels.[Regs., December 14, 1962, 285/111 (Skamo­kawa Creek, Wash.) —ENGCW-ON] (Sec. 5, 28 Stat. 362; 33 U.S.C. 499)

J. C. Lambert, Major General, U.S. Army,

The Adjutant General.[F.R. Doc. 63-372; Filed, Jan. 14, 1963;

8:45 a.m.]

Title 46— SHIPPINGChapter IV— Federal Maritime

CommissionSUBCHAPTER B— REGULATIONS AFFECTING

MARITIME CARRIERS AND RELATED ACTIVITIES[General Order 4; Arndt. 4]

PART 510— LICENSING OF INDE­PENDENT OCEAN FREIGHT FOR­WARDERS

Subpart A— General R equirements for Licensing

Notice of proposed rulemaking ap­peared in the F ederal R egister issue of December 14, 1962 (27 F.R. 12412). h*” asmuch as no comments were received relative to the proposed rules, the rules published as aforesaid have been adoptedwithout change as set forth below:

A new paragraph (h) is added to § 510.5 of Chapter IV of this title reading as follows:§ 510.5 Requirements for licensing.

* * * *

(h) (1) The purpose of this pa^a r^ is to prescribe a temporary bonding applicable only to applicants for as independent ocean freight forwa h not otherwise provided for in paragr p (g) of this section.

(2) The Commission shall applicants for license subject to paragraph (1) of this paragraph of qualification for the issuance of

Tuesday, January 15, 1963 FEDERAL REGISTER 369cense. Within 30 days of such notice the applicant shall file with the Com­mission a surety bond in the form and amount prescribed in paragraph (g) of this section. The Commission may, upon a showing of good cause, extend the time within which to file said surety bond.

(3) If no bond is filed within the pe­riod prescribed in this subpart, the Com­mission shall issue a notice of intent to deny the application in accordance with §510.8. If no request for a hearing is filed within the time prescribed therein, the Commission shall deny the applica­tion.(Secs. 43, 44, Shipping Act, 1916 (75 Stat. 522, 523, 766); sec. 204, Merchant Marine Act, 1936 (49 Stat. 1987, as amended; 46 US.C. 1114) )

Effective date. The rule in this part shall be effective 30 days after publica­tion in the F ederal R egister.

By order of the Federal Maritime Com­mission January 8,1963.

T homas Lis i, Secretary.

[P.R. Doc. 63-390; Filed, Jan. 14, 1963;8 :46 a.m.]

Title 47— TELECOMMUNICATIONChapter I— Federal Communications

Commission[FCC 63-29]

PART O— COMMISSION ORGANIZATION

Field Engineering Bureauf1?Lthe matter of amendment of Part 0

oi the Commission’s rules and regula­tions.At a session of the Federal Communi­

cations Commission held at its offices in Washington, D.C., on the 9th day of January 1963;J5?1e Commission having under consid-

e f o r g a n i z a t i o n and functions n,,«? Engineering and Monitoring iQR?8'!? the rePort dated March 23, Bent ï î , the Bureau of the Budget by nianoi^en Hamilton concerning its 5 E S S « * survey of the Federal Com­munications Commission; andthp 5£pearing that greater efficiency in Promn?S SSj° £ S operations would be be l nd the public interest would tional rhLrÎf organizational and func- and iw bapges in the Field Engineeringâeredïeffi"iandBUreaU WMch are or“§§ 0 43UÎÎh0 4t,a?Pe1aring that §°-41 and sionÎ ^ ¿ 48’ inclusive, of the Commis- beam?î!d^ment of °rganization should

S f 88 set forth below; and fo rtheX ernnr earing that authority tionalchanS °,rgarpzational and func- ta in e d in 2 harem ordered is con-

4(i ) and 5 °f the Com- and that snri^V °f 1934, 85 amended to the priorUÎn fChanges are not subject visionsof t .h p Î i aP Î elective date pro- Act; Administrative Procedure

I t is ordered, That effective March 1, 1963, that Part 0 of the Commission’s rules is amended as set forth below.

Released: January 10, 1963.F ederal Communications

Com m ission ,[seal] Ben F. W aple,

Acting Secretary.1. The undesignated center heading

preceding § 0.41 is amended to read:F ield Engineering Bureau

2. The introductory text of § 0.41 is amended to read:§ 0.41 Function of the Bureau.

The Field Engineering Bureau is re­sponsible for all Commission engineering activities performed in the field relating to radio stations including station in­spections, surveys, monitoring, direction finding, signal measurement and investi­gations; for those enforcement activities performed in the field dealing with the suppression of interference and the in­spection of devices possessing electro­magnetic radiation characteristics; and such other field inspections or investiga­tions as might be required by the Com­mission, or the Bureaus and Staff Offices. The Bureau also performs the following functions:

3. Sections 0.43 through 0.48 are amended to read as follows:§ 0.43 Units in the Bureau.• The Bureau consists of the following units:

(a) Office of the Chief.(b) Engineering and Facilities Divi­

sion.(c) Field Offices Division and its asso­

ciated field organization consisting of district offices, sub-offices, marine offices, and mobile enforcement units.

(d) Monitoring Systems Division and its associated field organization consist­ing of monitoring stations.§ 0.44 Office o f the Chief.

The Office of the Chief of the Bureau includes an associate and assistant chief, also an administrative branch which per­forms the administrative functions of the Bureau and is responsible for planning, coordinating and administering the Bu­reau’s employee technical and supervis­ory training programs, as well as an Attorney Advisor who advises the Chief of the Bureau and the divisions of the Bureau on legal questions relative to such matters as applications for commercial operators’ licenses, interference prob­lems, investigation and other activities of the Bureau.§ 0.45 Engineering and Facilities Divi­

sion.The Engineering and Facilities Divi­

sion is responsible for all functions indi­cated in § 0.41 insofar as technical en­gineering standards are concerned; for the development of measuring procedures and techniques for the guidance of field personnel in performing engineering measurements; for the determination of technical equipment and facilities re­quirements of all Bureau field installa­

tions in the conduct of their assigned duties and for the provision of such equipment and facilities; the adminis­tration, interpretation and revision of Part 17 of this chapter governing con­struction, marking, and lighting of an­tenna structures, including the process­ing of data concerning proposed new or modified antenna construction to insure no hazard to air navigation results from the proposed construction; and for liai­son with the Federal Aviation Agency in respect to matters concerning antenna tower construction and antenna hazards; and for liaison with the Office of the Chief Engineer and with other Govern­ment agencies with respect to technical engineering matters of Bureau concern.§ 0.46 Field Offices Division.

The Field Offices Division is respon­sible for:

(a) The examination functions of the Bureau, including responsibility for Part 13 of this chapter concerning the licens­ing of commercial radio operators, and recommending action on matters of non- compliance with rules, acts, or treaties by these operators.

(b) The inspection functions of the Bureau, including responsibility for the development and making of recommen­dations with respect to the priority and frequency of station inspections.

(c) Planning enforcement and inves­tigative programs for the Bureau; di­recting and supervising investigations by the field offices; maintaining liaison with other bureaus and offices of the Com­mission with respect to the conduct of investigations in their behalf.

(d) The administration of Parts 15 and 18 of this chapter relative to equip­ment, interference and related problems involving the devices and equipment reg­ulated by these parts, including review and action upon certifications submitted to the Commission pursuant to Part 18 of this chapter.

(e) Supervising and managing the ac­tivities of the Engineers in Charge of the district offices, the Radio Engineers in Charge of suboffices, the Marine Su­pervisors and the Engineers in Charge of mobile TV enforcement units; and performing those administrative activi­ties which will insure the most effective performance of the field operations of the Bureau.§ 0.47 Monitoring Systems Division.

The Monitoring Systems Division is responsible for standards, techniques and field operations indicated in § 0.41 for the radio monitoring function, includ­ing coordinating Commission monitoring activities with centralizing offices for international monitoring in other coun­tries, with other Federal Government agencies and with industry self-help groups. The monitoring stations, whose operations are directed and the results evaluated by this Division, perform sur­veillance of the radio spectrum, detect and locate illegal radio stations and sources of interference, enforce radio laws and regulations, gather facts through monitoring and engineering measurements to resolve interference

RULES AND REGULATIONS370problems and to assist the Commission in rulemaking, participate through di­rection finding in search and rescue operations involving distressed ships and aircraft, and perform monitoring and direction finding work under contractual arrangements with other Federal gov­ernmental agencies.§ 0.48 [Reserved][F.R. Doc. 63^400; Filed, Jan. 14, 1963;

8:48 a.m.]

DEPARTMENT OF AGRICULTUREAgricultural Stabilization and

Conservation Service17 CFR Parts 1135, 1137 1

[Docket Nos. AO-300-A5-RO1, AO-326-A2- 801 )

MILK IN COLORADO S P R I N G S - PUEBLO AND EASTERN COLORADO MARKETING AREAS

Notice of Recommended Decision and Opportunity to File Written Excep­tions on Proposed Amendments to Tentative Marketing Agreements and to OrdersPursuant to the provisions of the

Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.), and applicable rules of practice and pro­cedure governing the formulation of marketing agreements and marketing orders (7 CFR Part 900), notice is hereby given of the filing with the Hearing Clerk of this recommended decision with re­spect to proposed amendments to the tentative marketing agreements, and orders regulating the handling of milk in the Colorado Springs-Pueblo and Eastern Colorado marketing areas. Interested parties may file written ex­ceptions to this decision with the Hear­ing Clerk, United States Department of Agriculture, Washington 25, D.C., not later than close of business the 10th day after publication of this decision in the Federal Register. The exceptions should be filed in quadruplicate.

Preliminary statement. The hearing on the record of which the proposed amendments, as hereinafter set forth, to ^tentative marketing agreements and h?, were formulated, was con-iQfio at Pueblo> Colorado, on June 26,

Pursuant to notice thereof which K8U®d June 6, 1962 (27 F.R. 5508)

uColorado Springs, Colorado, on th p w ^ ii19, 1962> Pursuant to notice (27FR 8« « WaS ÌSSUed August 24>1962

and conclusions. The follow- mafpEóv^S 011(1 conclusions on the

are based on evidence thereof^* * th?T hearing and the record emUoimÎÏU® Nf * 1 relates to the East- Pueblo nrnl0 an t the Colorado Springs- reiate mv er+' ï ssues No- 2 through 9 Pueblo Colorado Springs-in supportai N°,t®stimony was offered uients a<? pertain proposed amend- i n r ^ f QT tai ned ™the notice of hear-'"rther’c o S S t t o i theï W“ receive n0

‘ ' C S f i r on the re°ori 01(1) Marketing area;(3) Ï S ucer and Producer mük;Î f roducer-handler;> Location differentials;No. 10-----2

(5) Due date for handler reports and advance payment to producers;“ (6) Transfers;

(7) Classification of milk products re­ceived from and moved to other Federal order plants;

(8) Information accompanying pay­ment to producers; and

(9) Administrative and conforming changes.

1. Marketing area. The Colorado Springs-Pueblo marketing area should be expanded to include the Colorado counties of Lincoln, Cheyenne, Kiowa, Crowley, Otero, Las Animas, and Custer and the Kansas counties of Wallace, Cheyenne, Sherman, and Logan. Addi­tion of these counties will result in a marketing area more closely conforming with the sales territory of handlers located in the Colorado Springs-Pueblo marketing area. Handlers regulated under this order have route distribution throughout the territory recommended for addition to the marketing area and compete therein with unregulated handlers and with handlers regulated under other Federal milk orders. The proposed marketing area will encompass a contiguous geographical area in which handlers who would be regulated by the Colorado Springs-Pueblo order are the principal distributors. The health regu­lations applicable to milk sold for fluid consumption are identical throughout the proposed marketing area so that milk can and does move freely within the area.

The proposed marketing area expan­sion will insure the continuous regula­tion of a plant located in Colorado Springs under the Colorado Springs- Pueblo order. This plant, until recently, has been regulated under the Colorado Springs-Pueblo order. Currently, this plant is regulated under the Eastern Colorado order as its sales in the 21- county Eastern Colorado marketing area have exceeded its sales in the 4-county Colorado Springs-Pueblo marketing area by four to five percent. Thus, with a slight shift in sales this handler could be regulated under the Eastern Colorado order one month and under the Colorado Springs-Pueblo order the next month. This situation is most perplexing, es­pecially with respect to the classification of milk transferred between pool plants and transfers between plants regulated by the two respective orders. The han­dler testified that he preferred to be regulated under the Colorado Springs- Pueblo order since his plant is located in that area and his principal business with other handlers is with those regu­lated by the Colorado Springs-Pueblo order.

The handler located in Colorado Springs who is currently regulated un­der the Eastern Colorado marketing area has the majority of the sales in the Colorado counties of Lincoln and Chey­

enne. These counties should be re­moved from the Eastern Colorado mar­keting area and included in the Colo­rado Springs-Pueblo marketing area. The two counties, according to the 1960 census, comprise approximately one-half of one percent of the population in the Eastern Colorado marketing area. The transfer of these two counties was not opposed by producers or handlers in the Eastern Colorado market.

All of the milk sales in Lincoln and Cheyenne Counties are made by regu­lated handlers. The handler located in Colorado Springs and regulated un­der the Eastern Colorado order has 60 percent of the fluid milk sales in Lin­coln County. The remaining 40 percent of the sales are evenly divided between ,a handler regulated under the Colorado Springs-Pueblo order and a handler reg­ulated under the Eastern Colorado or­der. In Cheyenne County approximately 65 percent of the milk sales are made by the handler in Colorado Springs who is regulated under the Eastern Colorado order. The remaining 35 percent of the sales are made by a plant located in the Eastern Colorado marketing area. The change of these two counties from the Eastern Colorado marketing order would in no way change the opportunities of Eastern Colorado or Colorado Springs- Pueblo handlers to market milk in said counties since the class prices for milk under both orders are identical.

Handlers located in the present Colo­rado Springs-Pueblo marketing area have approximately 78 percent of the total fluid milk sales in the Colorado counties of Kiowa, Otero, Crowley, Las Animas and Custer.

In Kiowa County, approximately 90 percent of the fluid milk distribution is from a plant located in Colorado Springs. The remaining 10 percent of the dis­tribution is made by a handler regulated under the St. Joseph, Missouri, market­ing order.

Handlers located in the Colorado Springs-Pueblo marketing area have ap­proximately 65 percent of the total fluid milk sales in Otero County. Fifteen per­cent of the sales are made by three local unregulated plants and the rem aining sales are made by a plant located in the Eastern Colorado marketing area. There was no opposition to including Otero County in the Colorado Springs-Pueblo marketing area.

The inclusion of Otero County in the marketing area will fully regulate the three presently unregulated milk dis­tributors selling in the county. Regu­lated handlers will therefore be assured that no procurement advantage can accrue to milk distributors with whom they compete for sales in this county. The three unregulated milk distributors have a competitive advantage over regu­lated handlers in that they can procure their Class I needs at a price below the

371

372 PROPOSED RULE MAKING

Colorado Springs-Pueblo Class I price. During the first 7 months in 1962 the Colorado Springs-Pueblo order Class I price for milk of 3.5 percent butterfat content averaged $5.21 per hundred­weight. The price for Class II order milk of 3.5 percent butterfat content during the same period averaged $3.07 per hun­dredweight. The unregulated handlers purchase milk on a butterfat basis. In recent months the price has been $1.30 to $1.35 for each pound of butterfat in Class I milk and 65 cents for each pound of butterfat in Class II milk. Converted to a 3.5 percent butterfat content, the price being paid per hundredweight for Class I milk varies from $4.55 to $4.73 and for surplus milk the price is $2.28. Such lower cost milk when sold in com­petition with milk from regulated han­dlers creates unstable marketing con­ditions. Any Class I sales that are lost by regulated handlers through the com­petition of lower prices reduce the Class I utilization of the market, increase the Class II utilization, and thus result in a lower uniform price to all producers sup­plying regulated handlers. Since un­regulated handlers tend to pay blend prices, though not class prices, in line with prices paid by regulated handlers, a reduction in the uniform price in the regulated market would be reflected in lower prices paid by unregulated han­dlers. The three unregulated plants compete only with regulated handlers and with each other for sales. There­fore, the inclusion of Otero County in the marketing area will insure that all handlers having sales in the county pay the same price for milk.

Two handlers located in the Colorado Springs-Pueblo marketing area account for 65 percent of the total fluid sales in Crowley County. Twenty-five percent of the milk sales in the county are made by a handler located in the Eastern Colo­rado marketing area and one of the unregulated handlers in Otero County previously mentioned has 10 percent of the sales in the county.

The county of Las Animas is served by six handlers and one producer-distribu­tor. The producer-handler, who has all of his sales in Las Animas County, would not be subject to the pricing pro­visions of the order. Pour of the six handlers having fluid milk sales in the county are located in the Colorado Springs-Pueblo marketing area, one handler is located in the Eastern Colo­rado marketing area and the remaining handler, located in Las Animas County, is unregulated. The three handlers in the Colorado Springs-Pueblo marketing area account for approximately 72 per­cent of the fluid milk distribution in the county. The inclusion of this county would fully regulate the presently un­regulated handler. This handler has been paying 40 cents per gallon for Class I milk and 30 cents a gallon for Class EC milk, with no allowance being made for the butterfat content. The price per hundredweight at 40 cents a gallon is $4.64, regardless of the butterfat test. The Colorado Springs-Pueblo Class I order price for milk of 3.5 percent butter­fat content, in the first 7 months of 1962 averaged $5.21.

In Custer County all of the fluid milk sales are made by a vendor who procures his milk through a plant located in the Colorado Springs-Pueblo marketing ar§a. This county is completely asso­ciated with the Colorado Springs-Pueblo marketing area and should be included in such.

The handler located in Colorado Springs, but regulated under the Eastern Colorado order, has approximately two- thirds of the total fluid milk sales in the Kansas counties of Wallace, Logan, Sherman and Cheyenne.

Extension of the marketing area to these four Kansas counties would bring a handler located in Goodland, Kansas, under full regulation. This handler is paying his dairy farmers less than he would be required to pay if he were a regulated handler under the Colorado Springs-Pueblo order. Producers who previously supplied this unregulated handler but now supply Colorado Springs-Pueblo order handlers received about $1.00 f.o.b. farm per hundred­weight more for their milk after they started supplying the order handlers. The same producers report improved butterfat tests and weights after they started supplying Colorado Springs- Pueblo order plants.

In Wallace County 95 percent of the milk sales are made by the handler lo­cated in Colorado Springs. The Kansas handler who would be regulated under the proposed area expansion has the re­maining sales in the county.

In Logan County 80 percent of the milk sales are made by the handler in Colorado Springs. The remaining 20 percent of the sales are made by the handler in Goodland, Kansas, who would become regulated under the proposed area expansion.

Pour handlers have sales in Cheyenne County. Fifty percent of the sales in the county are made by the handler lo­cated in Colorado Springs and 30 per­cent of the sales are made by handlers regulated by the Nebraska-Western Iowa and St. Joseph, Missouri, marketing or­ders. The remaining sales are from the Kansas plant which would become regu­lated under the proposed area expansion.

Five handlers have sales in Sherman County. The handler located in Colo­rado Springs (now regulated under the Eastern Colorado order) has 40 percent of the sales in this county. Thirty-five percent of the milk sales in the county are made by two handlers located in the Eastern Colorado marketing area and 20 percent of the sales are made by the handler in Goodland, Kansas. The re­maining five percent of the fluid milk sales in Sherman County are made by an unregulated handler. These are the only sales this handler has in the pro­posed marketing area. A separate sec­tion is provided for reports from han­dlers operating nonpool distributing plants from which fluid milk products are disposed of in the marketing area.

The extension of regulation will pro­mote orderly marketing by providing an audit of the records of handlers to insure proper classification of milk and proper payment to producers and by providing verification of weights and

tests for producers. These services are presently unavailable to producers sup­plying the Kansas plant, the three plants in Otero County and the plant in Las Animas County which would become fully regulated under the proposed area expansion.

Fremont County, Colorado, should not be included in the marketing area. Four unregulated milk distributors have sales within the county. Testimony re­garding the percentage of total sales made in the county by these distributors was conflicting, varying from 35 percent to 63 percent. These unregulated han­dlers have no sales in the present or proposed marketing area. The record does not show that the buying practices of the four unregulated handlers have led to instability in the market. Dairy farmers supplying the four unregulated handlers are paid through a variety of payment plans. Some farmers receive more and others less than the Colorado Springs-Pueblo order prices. However, dairy farmers having sales in Fremont County indicated they felt no need for the county to be included in the market­ing area. I t was not shown that the ex­tension of regulation to these four plants is essential for effective regulation in the Colorado Springs-Pueblo area. Reg­ulated handlers have no apparent com­petitive disadvantage as their sales in the county have increased in the past year. Also, the exclusion of Fremont County from the marketing area would prevent unnecessary fringe problems. One of the unregulated handlers has but 10 percent of his total Class I sales in Fremont County and the inclusion of the county in the marketing area would re­quire consideration of appropriate regu­lation of such handler.

2. Producer and producer milk. The producer definition should be revised to permit a cooperative association un­limited diversion of its producer member milk which is received at a pool plant for at least five days during the month if the total quantity of milk so diverted does not exceed 50 percent in the months of April, May, June and July, and 25 per­cent in other months of its member pro­ducer milk received at pool plants during the month. This same diversion privi­lege should apply to nonmember nuiK which a handler receives at a pool plan • Diversion in excess of such percentag should not be considered producer mu*- Conforming and clarifying cha~L should be made in the producer mu* definition. . . .

The present order provisions state the days of production of a Pefs0 ^ which milk is diverted may nop .lk. the days of production for which is received a t a pool plant. This req a handler to bring each producers . to a pool plant one day for ev®r5L_irv, diversion. The Eastern Colorado DWj* men’s Association is presently tn handler in the market diverting During the flush production m°P. cooperative has had to bring i 1 plants producer milk movemanufacturing plant and tne milk to the manufacturing Pla . or0. more distant farms. The Pp°p9LrfJ sed ducer definition will permit m

Tuesday, January 15, 1963 FEDERAL REGISTER 373efficiency in diversion operations in that it requires that the milk of a producer located near a manufacturing outlet be brought into a pool plant for only five days during a month. The proposed producer definition will also aid in alle­viating the problem of inadvertently di­verting a producer’s milk in excess of the allowable diversion limitations.

The proposal that the amount of non­member milk diverted and transferred by a pool plant handler to a nonpool plant for Class II usage be limited to 50 percent of the total nonmember milk re­ceived by such handler is denied. This restriction would not apply to a handler buying member milk. There was no need shown for placing a limitation on non­member milk which does not apply to member milk.

3. Producer-handler. The proposal to change the producer-handler definition so that it would be identical to the pro­ducer-handler definition in the Eastern Colorado order was not supported and, therefore, is denied.

The proposal that a producer-handler be permitted to purchase up to 20 per­cent of his total sales during the month from other producers is denied. The proponent stated he made this proposal because of the possibility of some emer­gency loss of his own herd production which would necessitate the purchase of outside milk. The proponent fur­ther stated that this proposal was nec­essary because of the possibility that pool plants may not have enough milk available to supply his needs during such emergencies. Statistics and testimony presented, however, clearly indicate that pool plants have enough milk available to meet emergency needs of all three of the producer- distributors in the market.

Although producer-handlers who do not pool their Class I sales with other producers supplying the market should carry their regular reserve supply in their own herd production, they should continue to be permitted to purchase nuid milk products from the pool plants of regulated handlers to cover emer­gency needs. Such fluid milk products Purchased by producer-handlers from Pool handlers are classified as Class I at the pool plants.e w ^ 6™1016, a P ro d u c e r-h a n d le r miit • entitled to procure other source

^he form of nonfluid products out jeopardizing his exempt status,

a a, • J oui,d Permit the fortification of anrt tv.“^ p ro d u c t with nonfat solids chppoo 6 aEdition of cream to cottage nitint6 f urd- The Present order defi- dlpr * does n°t allow a producer-han- re?nrriiaPr0C!lr.e any °ther source milk, in hi« w! °/ its. form> f°r reprocessing Pete enhnifk Since a11 handlers com- nonflul i f L ° n a nationwide basis for tributnr proi*ucts, a producer-dis- over a nin? T competitive advantage cha«p r.f300 Ptant handler in the pur- such nflUid milk Products. Hence,

BecamphS eS Should be allowed, tion n?nnLSe- Producer-handler, defini­t e limit« f-ed m this decision states that « * Mft n1iS ,°a. reCelpts “Wly-only to source miiu ^ « cts a chanse in the other -! > S c S o m nltl1n ls n o t needed- Aandler stated concern with

thé exact meaning of the words “re­processed” and “converted to another product” in the other source milk defi­nition. This concern stemmed from the possible interpretation of these words to disqualify him as a producer-handler for repacking or changing the form of nonfluid milk products he may have re­ceived. This proposed definition alle­viates this producer-handler problem.

I t is the intent of the proposed pro­ducer-handler definition that if pro­ducer-handlers purchase milk directly from producers or from a cooperative association, excluding milk received from a pool plant operated by a cooperative association, they become regulated han­dlers and their prot ection, as well as milk purchased from other producers, is pooled.

4. Location differentials. A location differential of 27 cents should be made for a plant located 170—180 miles from the El Paso County Courthouse plus 1.5 cents for each additional 10 miles or fraction thereof that such a plant is more than 180 miles from the Court­house in Colorado Springs. Under the present provisions of the order a loca­tion adjustment of 31.5 cents is made for plants located 200-210 miles from the Courthouse in Colorado Springs plus 1.5 cents for each additional. 10 miles.

The location adjustment rate of 31.5 cents for a plant located 210 miles from Colorado Springs is equivalent to 1.5 cents per 10 miles. Using the same rate, the location adjustment for a plant 170- 180 miles from Colorado Springs is 27 cents. A plant located in Goodland, Kansas, which would become regulated under the proposed area expansion, is located 175 miles from the El Paso County Courthouse. This.handler com­petes for sales with milk priced under the Nebraska-Western Iowa order, the St. Joseph, Missouri, order and the South­west Kansas order. All of these orders have a Class I price lower than the Colorado Springs-Pueblo order prices. The proposed modification of the loca­tion differential will place this handler on a competitive par with his competi­tion.

A location differential was not pro­posed for plants located in Las Animas or Otero County. The competition of these plants is such that the cost of competing milk plus transportation is near or more than the Colorado Springs- Pueblo order price.

5. Handler’s reports due date and ad­vance payment to producers. The due date for handler’s reports should be changed from the seventh to the eighth day after the end of each delivery period. Handlers under the Colorado Springs-Pueblo order have experienced difficulty in completing their reports in time to submit them to the market ad­ministrator’s office by the seventh day during certain months of the year. The present seven-day period will always in­clude a weekend, leaving five working days. If there is a holiday during the week, the number of working days is reduced to four. Handlers stated that overtime expense is incurred in getting the report completed on time, especially in the months having a holiday during

the first week., Extending the due date for handler reports by one day would largely overcome this problem.

A proposal was made to change the report due date to the seventh working day of the month. This would result in a fluctuating date on which reports would be due. In one month, the report date could be as late as the 12th day. If this proposal were adopted, changes would need to be made in the date the uniform price is announced, the date final payment to producers is made and the dates payments into and out of the producer-settlement fund are made. The variable dates of these obligations under this proposal would create an un­necessary inconvenience for all parties concerned. By extending the due date on reports by only one day, the due date for these other obligations does not need to be changed.

The proposal to increase the advance payment to producers is denied. The order provides that producers shall re­ceive an advance payment with respect to milk received during the first 15 days of the month at the Glass n price for the preceding month. Various proposals were made to increase the advance pay­ment from a flat $3.50 per hundred­weight to the uniform price of the pre­vious month and such price minus 30 cents in certain months.

Handlers supported the proposal for a larger advance payment to compen­sate producers for a later final settle­ment date. The final settlement date would not be extended by this decision.

Producers are currently receiving an advance payment of $3.50 per hundred­weight instead of the Class II price due to an agreement between handlers and the local cooperative. The price for Class II milk in the first seven months of 1962, 3.5 percent butterfat, averaged $3.07. The uniform price during the first seven months of 1962, for milk contain­ing 3.5 percent butterfat, averaged $4.79, varying from $5.13 to $4.52. The ad­vance payment of $3.50 which is being made is a flat rate with all authorized deductions being made in the final pay­ment. The cooperative association manager testified that in some months the current $3.50 advance has resulted in an overpayment to a member-pro­ducer because the deductions, including hauling, have exceeded the final pay­ment. If the order were to increase the advance payment rate without an allow­ance for authorized deductions, a han­dler might make an overpayment to a nonmember producer, thus creating a problem of recovering such overpayment. On the other hand, the preparation of a complete payroll, including adjustments for butterfat content of milk and au­thorized deductions, would require addi­tional and unnecessary time and expense to prepare a complete payroll for the semimonthly payment.

6. Transfers. Skim milk and butter­fat transferred by a cooperative associa­tion to another handler should be classi­fied pro rata as stated in the order unless a classification is mutually agreed upon at the time of reporting.

The order now requires that such transfers shall be classified only on a pro rata basis. By allowing a classifica-

374 PROPOSED RULE MAKINGtion mutually agreed upon at the time of reporting, the administration of the order is simplified for all parties con­cerned. Classification on a pro rata basis can necessitate a series of adjust­ments between handlers and the coop­erative association as the result of minor audit adjustments. If a handler and a cooperative cannot agree upon a classi­fication, such classification should be de­termined on a pro rata basis by the market administrator.

The proposal to change the allocation procedure so that the allowable shrink­age would be added to plant receipts after the deduction of receipts from other pool plants, instead of before, is denied. The proponent stated the pro­posal was made because a handler could unknowingly lose his shrinkage as a result of his agreement to Class II classi­fication in excess of his Class n usage.

A handler may agree to a classifica­tion, with another handler, in excess of his Class n usage. In accounting to the pool, however, such agreement in excess of the Class II usage is assigned to ClassI. A corresponding change in the obli­gation of the transferor pool plant to the pool is then made. The combined obligation to the pool for a transferor and a transferee plant is the same re­gardless of the agreed upon classification of the two pool plants. The portion of this combined obligation may vary for each handler, however, depending upon the agreed classification.

A pool plant should be held account­able for milk it transfers in accordance with how such milk is allocated in the transferee plant. The transfer provi­sions and the allocation procedure are designed to accomplish this end.

The interrelationship between the transfer and allocation sections would be altered, however, if the proposal to change the allocation procedure were adopted. The situation could arise where a handler with a high Class I usage re­ceives all of his milk as transfers from other pool plants. If the shrinkage is added in after the deduction of receipts from other pool plants, the handler could have no Class II usage before such de­duction is made and, accordingly, the entire amount of milk transferred to this handler would be accounted for as a Class I sale. Then, if the shrinkage is added back in, this handler’s records will show Class I and Class II usage in excess of the quantity of milk he received. This situation can be avoided by retaining the present allocation procedure.

7. Classification of milk products re­ceived from and moved to other Federal order plants. Packaged milk products received from an Eastern Colorado order pool plant and distributed by a Colorado Springs-Pueblo order handler should be classified and deducted from the class in which they were classified at the Eastern Colorado pool plant where such products were processed and packaged.

The order presently permits the de­duction from Class I of packaged goods which are received from the Eastern Col­orado order only if the same fluid milk products are not processed and packaged in the Colorado Springs-Pueblo handler's plant. There are handlers who have pool plants regulated under both the Colorado

Springs-Pueblo and Eastern Colorado or­ders. There is no competitive advantage in transferring packaged milk between the two orders as the pricing provisions in the two orders are identical. How­ever, transferring packaged milk between the two orders permits increased product specialization at a plant and thus a han­dler with plants in both markets is able to utilize his plant facilities to obtain a higher degree of efficiency.

The proposal that cream in packaged form which is transferred from a pool plant under the Colorado Springs-Pueblo order to a pool plant under the Eastern Colorado order receive the same classifi­cation in the Colorado Springs-Pueblo pool plant as is assigned the product at the Eastern Colorado pool plant is de­nied. This proposal was made by a han­dler who stated he moved excess butter- fat, in packaged form, from his pool plants under the Colorado Springs- Pueblo order to his pool plant under the Eastern Colorado order.

A handler may transfer cream in bulk for Class n use. If the transferring han­dler claims Class II utilization in his report for this product and the Class I utilization at the transferee plant does not exceed its receipts from dairy farm­ers, a Class II classification for this prod­uct is accorded. Thus, the desired ob­jective of the proponent of the proposal that excess cream moved to a pool plant in the Eastern Colorado order which re­ceives a Class n classification, receive a Class n classification at the Colorado Springs-Pueblo pool plant would be a t­tained. Therefore, a special provision to accommodate this excess cream move­ment is unnecessary.

There should be no reclassification charge on inventory reclassified as Class I which was priced as Class I under an­other order. The order presently does not specifically exclude such charges. Class I order prices are generally aligned so that milk priced under one order does not have a competitive advantage over milk priced under another order. Fur­ther, it is the intent of this order that milk which is classified and priced as Class I under another order and which is classified as Class I under the Colorado Springs-Pueblo order should not be sub­ject to additional payments. Accord­ingly, added payments should not be made on reclassified inventory which is priced as Class I under another order. The section on allocation of skim milk and butterfat classified is revised to a t­tain this end.

8. Information accompanying pay­ment to producers. Handlers making payment to a cooperative association from which they have received milk should supply information giving the pounds of milk received in each ship­ment of milk from each producer. This information is necessary for the coopera­tive association in the market, which is the collecting agent for its members, to check the accuracy of such weights and to facilitate the preparation of its pay­roll. Such information is readily avail­able to handlers and should be made available to the cooperative.

A handler should not be required to provide the butterfat test covering each shipment of milk from each producer

when making payment to a cooperative association. There is no need for these tests as the cooperative association pro­vides a market service program for check testing and maintains records of the butterfat tests of its members’ milk. A handler currently provides the monthly average butterfat test of each producer’s milk through his payroll report.

9. Administrative and conforming changes. Recommended changes in the order language other than provisions heretofore specifically discussed, are nec­essary to implement substantive amend­ments. These include adding distribut­ing plant and supply plant definitions and conforming changes in the pool plant definition. The term “skim milk dumped” is clarified in the section on classes of utilization. It is intended that the skim milk portion of any dumped product, not just skim milk dumped without other components, receive a Class I classification. The section on ex­empt plants is revised to clarify the status of a supply plant which has sales in more than one marketing area.

In the section on reports of receipts and utilization, the requirement that a handler give the receipts of milk from each producer in his monthly report form to the market administrator is deleted. This information is given in a handler’s payroll report filed pursuant to § 1135.- 31. In keeping with the intent of this order that milk which is classified and priced as Class I under another order and which is classified and priced as Class I under the Colorado Springs- Pueblo order should not be subject to additional payments minor changes are made in the section on payment to pro­ducers, the section on expense of admin­istration, the section concerning a han­dler operating a nonpool plant and in the section pertaining to transfers to accommodate this objective.

The present Colorado Springs-Pueblo order contains compensatory payment provisions concerning other source milK from plants not regulated by another order issued pursuant to the Act. yns recommended decision does not contain provisions for integrating other somx® milk into the regulatory scheme. Tn Supreme Court decision in the Lemg Valley case (No. 79, October 1961 term; ruled certain compensatory payme provisions in Federal milk marketing ders invalid. The compensatory pay ment provisions in the Colorado Spnng Pueblo order were not dealt with® hearings on which this proposed o is based because the hearings were before the Supreme Court decision be fully assessed. However, in Y*e the Supreme Court decision certai P visions regarding compensatory P ments in the Colorado Spnngs-P order have been removed in tru p posed decision. Official n o t ic e is . er of a suspension order issued De 20,1962 (27F.R. 12775) which suspenjea certain compensatory payments g“ source milk in the Colorado SP ^ Pueblo order. Proposals on me ^ dealing with such other source m ^ be considered a t a hearing sch ,t open at Denver:1963.

; a neaiuig ------, Colorado, January

Tuesday, January 15, 1963 FEDERAL REGISTER 375Rulings on proposed findings and con­

clusions. Briefs and proposed findings and conclusions were filed on behalf of certain interested parties. These briefs, proposed findings and conclusions and the evidence in the record were consid­ered in making the findings and con­clusions set forth above. To the extent that the suggested findings and con­clusions filed by interested parties are inconsistent with the findings and con­clusions set forth herein, the requests to make such findings or reach such conclusions are denied for the reasons previously stated in this decision.

General findings. The findings and determinations hereinafter set forth are supplementary and in addition to the findings and determinations previ­ously made in connection with the is­suance of the aforesaid orders and of the previously issued amendments there­to; and all of said previous findings and determinations are hereby ratified and affirmed, except insofar as such findings and determinations may be in conflict with the findings and determinations set forth herein.

(a) The tentative marketing agree­ments and the orders, as hereby pro­posed to be amended, and all of the terms and conditions thereof, will tend to effectuate the declared policy of the Act;

(b) The parity prices of milk as de­termined pursuant to section 2 of the Act are not reasonable in view of the price of feeds, available supplies of feeds, and other economic conditions which af­fect market supply and demand for milk in the marketing areas, and the mini­mum prices specified in the proposed marketing agreements and the orders, as hereby proposed to be amended, are such prices as will reflect the aforesaid factors, insure a sufficient quantity of pure and wholesome milk, and be in the public interest; and

(c) The tentative marketing agree­ments and the orders, as hereby pro- W ? t° be amended, will regulate the handling of milk in the same manner as, and will be applicable only to persons “ the respective classes of industrial ^dcommercia,i activity specified in, the marketing- agreements upon which a heanng has been held.

Recommended marketing agreements ana orders amending the orders. The

°rders s e n d in g the orders S H “ ? « « '6 handling of milk in the C ° Springs-Pueblo and Eastern m e S ° “itrketing areas are recom- m e a n A ? ^ detailed and appropriate sions m l k?1011 the foregoing conclu- S f J rn c4.arried out- The recom- included i^-.e^mg agreements are not ul'aforvdTS^—S decision because the reg- same L Pth ?S10ns îhereof would be the âs herphi kQse contained in the orders,

1135) : Sprmgs-Puéblo order (Part

foUows;Ctl°n 1135,6 is revised to read as

Springs-Pueblo mar­keting area.

area’ h ? 00 Sprin£s-Pueblo a hereinafter called the

marketing“market­

ing area” means all territory within the boundaries of the counties of Cheyenne, Crowley, Custer, El Paso, Huerfano, Kiowa, Las Animas, Lincoln, Otero, Pueblo and Teller, all in the State of Colorado, and the counties of Cheyenne, Logan, Sherman and Wallace, all in the State of Kansas.

la . In § 1135.7 the introductory text and paragraph (a> are revised to read as follows:§1135.7 Pool plant.

“Pool plant” means a plant specified in paragraphs (a) or (b) of this section, except the plant of a handler exempted in § 1135.60 or .§ 1135.61;

(a) A distributing plant (1) from which 50 percent or more of the Grade A milk and Grade A fluid milk prod­ucts received from dairy farmers, from a cooperative association which is a handler pursuant to § 1135.9(d) and from other pool plants are disposed of as Class I milk, and (2) from which 20 percent or more of the total Class I disposition is on routes in the marketing area; and

2. In § 1135.7(b) the first sentence is revised to read “A supply plant from which during the month not less than 40 percent of its dairy'farm supply of Grade A milk is moved to pool plants qualified pursuant to paragraph (a) of this sec­tion”.

3. Section 1135.10 is revised to read as follows:§ 1135.10 Producer.

“Producer” means any person (other than a producer-handler or a dairy farmer with respect to milk delivered to a pool plant which qualifies as producer milk under another Federal order) who produces milk eligible for distribution as Grade A milk in compliance with the fluid milk product requirements of a duly constituted health authority, whose milk is:

(a) Received at a pool plant; or(b) Diverted from a pool plant to a

nonpool plant for the account of the diverting handler subject to the follow­ing conditions:

(1) A cooperative association may divert for its account the milk of any member producer whose milk is received at a pool plant for at least five days dur­ing the month without limit during such month: Provided, That the total quan­tity of milk so diverted does not exceed 50 percent in the months of April, May, June and July, and 25 percent in other months of its member producer milk received by all pool plants during the month: And provided further, That if this percentage limitation is exceeded, diversions in excess of such percentages shall not be considered producer milk and the diverting cooperative shall Specify the dairy farmers whose milk is ineligible as producer milk.

(2) A handler in his capacity as the operator of a pool plant may divert for his account the milk of any producer, other than a member of a cooperative association which has diverted milk pur­suant to subparagraph (1) of this para­graph, whose milk is received at his pool plant for at least five days during the

month, without limit during such month: Provided, That the total quan­tity of milk so diverted does not exceed 50 percent in the months of April, May, June, and July and 25 percent in other months of milk received at such pool plant during the month from producers who are not members of a cooperative association which has diverted milk pur­suant to subparagraph (1) of this para­graph: And provided further, That if this percentage limitation is exceeded, diversions in excess of such percentage shall not be considered producer milk and the diverting handler shall specify the dairy farmers whose milk is in­eligible as producer milk;

(3) For purposes of the requirements of § 1135.7, milk diverted for the ac­count of the operator of a pool plant shall be included in the receipts of the pool plant from which diverted; and

(4) For purposes of location adjust­ments pursuant to §§ 1135.52 and 1135.- 81, milk diverted shall be considered to have been received a t the location of the nonpool plant to which diverted.

4. Section 1135.11 is revised to read as follows:§ 1135.11 Producer-handler.

“Producer-handler” means any per­son who operates a dairy farm and a dis­tributing plant and who receives no fluid milk products during the month from dairy farmers or any other source except by transfer from a pool plant.

5. Section 1135.12 is revised to read as follows:§1135.12 Producer milk.

“Producer milk” means skim milk and butterfat which is received as specified in paragraph (a) of this section by a handler operating a pool plant and as specified in paragraph (b) by a cooper­ative association in its capacity as a handler pursuant to § 1135.9(d):

(a) Received by the operator of the pool plant directly from producers’ farms at a pool plant (except that for which a cooperative association is a handler pursuant to § 1135.9(d)) or diverted by a pool plant operator pursuant to § 1135.10(b)(2); and

(b) Received by a cooperative asso­ciation in its capacity as a handler pur­suant to § 1135.9(d) at the pool plants of other handlers directly from pro­ducers’ farms, or diverted for its account pursuant to § 1135.10(b) (1).

6. Part 1135 is amended by adding a new § 1135.16 to read as follows:§ 1135.16 Distributing plant.

“Distributing plant” means any milk plant approved by any duly constituted health authority for the processing or packaging of Grade A fluid milk prod­ucts and from which any such products are disposed of on routes in the market­ing area.

7. Part 1135 is amended by adding a new § 1135.17 to read as follows:§1135.17 Supply plant.

“Supply plant” means a plant from which fluid milk products eligible for dis­tribution in the marketing area under

376 PROPOSED RULE MAKINGa Grade A label are moved to a pool dis­tributing plant during the month.

8. In § 1135.30 the introductory text and paragraph (a) are revised to read as follows:§ 1135.30 Reports o f receipts and utili­

zation.On or before the 8th day after the end

of each delivery period each handler, ex­cept a producer handler, for each of his pool plants, and each cooperative asso­ciation which is a handler pursuant to § 1135.9 (c) or (d) shall report to the market administrator in the detail and on forms prescribed by the market ad­ministrator as follows:

(a) The receipts of producer milk at each plant, the average butterfat test, and the pounds of butterfat contained therein;

9. In § 1135.31 the introductory text is revised to read as follows:§1135.31 Payroll reports.

On or before the 23d day of each deliv­ery period each handler, except a pro­ducer handler, for each of his pool plants and each cooperative association which is a handler pursuant to § 1135.9 (c) or(d) shall submit to the market admin­istrator his producer payroll for receipts during the preceding delivery period which shall show:

9a. Section 1135.32 is revised to read as follows:§ 1135.32 Other reports.

(a) Each producer handler and each exempt handler pursuant to § 1135.61, and each handler operating a nonpool supply plant shall make reports to the market administrator at such time and in such manner as the market adminis­trator may request; and

(b) Each handler who operates a non­pool distributing plant, other than one exempt pursuant to § 1135.61, shall re­port to the market administrator not later than the 8th day after the end of each month, the quantities of skim milk and butterfat so disposed of and shall report the information so required pur­suant to § 1135.30 of handlers operating pool plants, substituting receipts from dairy farmers for receipts from produc­ers.

10. Section 1135.41(b)(3) is revised to read as follows:§ 1135.41 Classes of utilization.

* * * * *(b) * * *(3) The skim milk portion of fluid

milk products dumped after prior noti­fication to and opportunity for verifica­tion by the market administrator;

11. In § 1135.44 the introductory text and paragraph (a) are revised to read as follows:§ 1135.44 Transfers.

Skim milk or butterfat transferred or diverted from a pool plant by the opera­tor of the pool plant or by a cooperative association in its capacity as a handler pursuant to § 1135.9(d) shall be classi­fied:

(a) As Class I milk if transferred in the form of a fluid milk product to the

pool plant of another handler (except as paragraph (f) of this section applies) unless:

(1) The transferee and transferor claim Class n utilization in their reports submitted pursuant to § 1135.30: Pro­vided, That the transferee plant has utilization in Class II of an equivalent amount of skim milk and butterfat, re­spectively, remaining after the alloca­tion made pursuant to § 1135.46(a) (10) and the corresponding step of § 1135.46 (b) and any additional amount of such skim milk or butterfat shall be assigned to. Class I: And provided further, That if either or both plants have received other source milk, the skim milk and butterfat so transferred shall be classi­fied so as to allocate to producer milk the greatest possible total Class I utili­zation at both pool plants exclusive of Class I other source milk assigned pur­suant to § 1135.46(a) (2) and the corre­sponding step of § 1135.46(b);

12. The introductory words of § 1135.44 (c) and (e) which read “Class I milk, if transferred or diverted” are revised to read “As Class I milk if trans­ferred or diverted”.

13. In § 1135.44, subparagraph (e) (1) is revised to read as follows:

(e) * * *(1) The» transferring or diverting

handler claims classification in Class II milk in his report submitted pursuant to § 1135.30;

14. Section 1135.44(f) is revised by adding at the beginning “If a specified utilization is not claimed by both han­dlers, subject to paragraph (a) of this section,” and changing the reference “1 1135.46(a)(7)” to read “§ 1135.46(a) (11)”.

15. Section 1135.46(a) is revised to read as follows:§ 1135.46 Allocation o f skim milk and

butterfat classified. * * * * *

(a) Skim milk shall be allocated in the following manner:

(1) Subtract from the total pounds of skim milk in Class n the pounds of skim milk classified pursuant to § 1135.41(b) (7);

(2) Subtract from the pounds of skim milk in Class I the pounds of skim milk in other source milk received;

(i) In the form of a fluid milk prod­uct in consumer-type packages which has been classified and priced as Class I pursuant to Part 1137 (Eastern Colorado) of this chapter and disposed of as Class I iQ the same package as received; or

(ii) In the form of sour cream which is classified and priced as Class I or its equivalent value under another order issued pursuant to the Act.

(3) Subtract from the remaining pounds of skim milk in each class, in series beginning with Class II, the pounds of skim milk in nonfluid milk products reprocessed or converted to another product in the plant during the month;

(4) Subtract from the remaining pounds of skim milk in each class, in series beginning with Class II, the pounds of skim milk in other source milk

received in the form of fluid milk prod­ucts, except as specified in subpara­graphs (2) and (6) of this paragraph;

(5) Subtract from the remaining pounds of skim milk in Class II such remainder or the pounds of skim miiir in inventory of fluid milk products at the end of the month, whichever is less;

(6) Subtract from the remaining pounds of skim milk in each class, in series beginning with Class II, the pounds of skim milk in other source milk received in the form of fluid milk products (except that subtracted pursu­ant to subparagraph (2) of th is para­graph) which were classified and priced as Class I pursuant to another order issued pursuant to the Act or for which classification and pricing under such other order is dependent on assignment under this part: Provided, That if the pounds of skim milk from w hich the subtraction is to be made pursuant to this paragraph are less than the pounds to be subtracted, the difference shall be subtracted pursuant to subparagraph (8) of this paragraph;

(7) Add to the remaining pounds of skim milk in Class II the pounds of skim milk subtracted pursuant to subpara­graph (5) of this paragraph;

(8) Subtract from the remaining pounds of skim milk in Class II the dif­ference specified in the proviso of sub- paragraph (6) of this paragraph;

(9) Subtract from the remaining pounds of skim milk in each class, in series beginning with Class II, the pounds of skim milk in inventory of fluid milk products a t the beginning of the month;

(10) Add to the remaining pounds of skim milk in Class II the pounds sub­tracted pursuant to subparagraph (1) of this paragraph;

(11) Subtract from the remaining pounds of skim milk in each class the pounds of skim milk classified pursuant to § 1135.44(a);

(12) Subtract pro rata from the re­maining pounds of skim milk in each class the pounds of skim milk classified pursuant to § 1135.44(f); and

(13) If the remaining pounds of skim milk in both classes exceed the pounds of Skim milk in producer milk, subtract such excess from the remaining pounds of skim milk in each class, in series be­ginning with Class II. Any amount so i subtracted shall be known as “overage .

16. Section 1135.52 is revised to read | as follows:§ 1135.52 Location differentials to han­

dlers.For milk which is received from pro­

ducers a t a plant located m ore than miles by the shortest highway dis7 7 ’ as determined by the market a d m in is t r a ­tor, from the El Paso County Courthouse in Colorado Springs, and which is c fled as Class I milk the prices compuw* pursuant to § 1135.51(a) s h a l l be re duced by 27 cents if such Plany® cated more than 170 miles but not than 180 miles from such Courtbo and by an additional 1.5 cents f°, ¡j 10 miles or fraction thereof tna . distance exceeds 180 miles: "That for the purpose

3 nine»* • ■ t.Of calculating sucb

Tuesday, January 15, 1963 FEDERAL RECISTER 377differential transfers between pool plants shall be assigned to Class I milk in a volume not in excess erf that by which Class I disposition at the transferee plant exceeds the receipts from producers at such plant, such assignment to trans­feror plants to be made first to plants at which no differential credit is applicable and then in sequence beginning with the plant at which the lowest location differential credit would apply.

16a. The introductory words of § 1135.61 which read “(a) or (b)” are revised to read “(a), (b) or (c)

17. Section 1135.61(b) is revised and a new paragraph (c) is added to read as follows:§ 1135.61 Exempt plants.

• * * * *

(b) Any distributing plant which would be subject to the classification and pricing provisions of another order is­sued pursuant to the Act unless such plant is qualified as a pool plant pur­suant to § 1135.7(a) and more Class I milk is disposed of from such plant on routes in the Colorado Springs-Pueblo marketing area than in the marketing area regulated pursuant to such other order.

(c) Any supply plant which meets the pooling requirements of another Federal order and from which greater qualifying shipments are made during the month to plants regulated under such other order than are made to plants regulated under this order.§ 1135.62 [Revocation]

17a. Revoke all of § 1135.62.18. In 5 1135.70(b) the r e f e r e n c e

“§ 1135.46(a) (10)” is revised to read “§ 1135.46(a) (13) ”,

19. Section 1135.70(c) is revised to read as follows:§ 1135.70 Computation of the value of

producer milk for each handler.

(c) Add an amount equal to the dif­ference between the value at the appli­cable Class I price for the current month and the value at the applicable Class n Price for the preceding month with re­spect to skim milk and butterfat allo- a Tlv Class I pursuant to § 1135.46(0) ih? Ue corresP°nding step in § 1135.46 in at is 1x1 excess of volumes assigned s „I™ Deeding month pursuant toin §1135 4g\b^ correspon ing step

20. Revoke § 1135.70(d).§-1135.71 [Amendment]

tJ?,e last sentence of §1135.71 figure 80” is revised to read “170”.

Word*iJr? proviso of § 1135.80 (b) the“nofL0?ethean”han” are revised to read5 U35 i ntrodpctory paragraph of read "and” word “or” Is revised to

read ¿ S o w s 1;135'80 (d> <2> 18 rCViSed toJ5.80 Payment to producers.

(<!)•*•* * V , *

(2) The total pounds and the average butterfat content of milk received from such producer, including a statement showing the weight of each shipment of milk from such producer;

25. Section 1135.81 is revised to read as follows:§ 1135.81 Location differential to pro­

ducers.The applicable uniform price for milk

which is received a t a plant located more than 170 miles but not more than 180 miles by shortest highway distance, as determined by the market administra­tor, from the El Paso County Courthouse in Colorado Springs, shall be reduced by 27 cents per hundredweight and an addi­tional 1.5 cents shall be deducted for each 10 miles or fraction thereof that such distance exceeds 180 miles.

26. Section 1135.88(b) is revised to read as follows:§ 1135.88 Expense o f administration.

* * * * *(b) Other source milk received a t a

pool plant and classified as Class I pur­suant to § 1135.46(a) (3) and (4) and the corresponding steps of § 1135.46(b) and

Eastern Colorado order (Part 1137):§ 1137.6 [Amendment]

1. In § 1137.6 revoke the words “Cheyenne” and “Lincoln".

Signed a t Washington, D.C., on Jan­uary 10,1963.

John P. D uncan, Jr., Assistant Secretary.

[FJR. Doc. 63-397; Filed, Jan. 14, 1963;8:47 am.]

DEPARTMENT OF LABORWage and Hour Division

[ 29 CFR Part 545 ]CERTAIN INDUSTRIES IN

PUERTO RICOMinimum Piece Rates

Pursuant to authority in section 6(a)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(2)), Reorgani­zation Plan No. 6 of 1950 (3 CFR 1949-53 Comp., p. 1004), and General Order No. 45-A of the Secretary of Labor (15 F.R. 3290), I hereby propose to revise Sched­ule A and Schedule R of 29 CFR 545.13 by increasing the piece rates, appearing thereon commensurate with increases in the minimum.hourly wage rates now ap­plicable under the wage orders issued for the women’s and children’s under­wear and women’s blouse industry in Puerto Rico (27 F.R. 11460), the hand­kerchief, scarf, and art linen industry in Puerto Rico (27 F.R. 11459), and the children’s dress and related products in­dustry in Puerto Rico (27 F.R. 12716).

Any person interested in these pro­posals may file a written statement of data, views, and arguments regarding them with the Administrator of the Wage and Hour and Public Contracts Divisions, Department of Labor, 14th Street and Constitution Avenue NW., Washington 25, D.C., within 15 days after this notice is published in the F ederal R egister.

The proposed revised schedules read as follows:§ 545.13 Piece rates established in, ac­

cordance with § 545.9.Schedule A—P iece Rate Schedule F or the Women’s and Children’s Underwear and Women’s Blouse

Industry and the Children’s Dress and Related P roducts Industry in P uerto Rico i

Women’s and children’s underwear and Women’s

Blouse IndustryChildren’s

No; OperationBlouses and neckwear

and silk and synthetic

underwear and

nightwear

(1)

Cottonunderwear

andnightwear

(2)

dress and related

products industry

(3)

U nit of paym ent

1 Arenilla (seed stitch), dose, W squares___Cents

90.00Cents

81.00Cents

90.002 Arenilla (seed stitch), scattered, W squares.. 46.00 40.50 45.003 Arrows, filled in, H tr_____ _ _ . . . 22.60 20.25 22.50 Per dozen.4 Back stitch on yokes, ftrmhnlns, etc . . *50.00 *45.00 61.67 Do.6 Basting bias w ith cord. . .. 24.75 22.28 24.75 Do.6 Basting darts before sewing * 26.10 *23.50 32.37 Do.7 Basting for fagoting _____ _____ 6.77 6.10 6.77 Do.8 Basting hems, 1" to 6" wide . . *15.00 *13.50 18.50 Do.9 Basting lace incidental to sewing on lace 12.97 11.67 12.96 Do.

10w ith solid cord stitch.

Basting waist lines, plackets, and facings. *9.38 *8.45 11.59 Do.11

2 to 3 stitches per inch.Bias piping, joined, double, over 10 stitches 30.00 27.00 30.00 Do.

12per inch.

Bias piping, joined, single, over 10 stitdies 37.50 33.75 37.50 Do.13

per inch.Bias piping, second seam joined double, set 45.20 40.68 45.20 Do.

14fiat on garm ent w ith running stitch.

B lanket stitch, folding included, 18 stitches 85.00 76.60 85.00 Do.13

per inch.B uttons sewed on w ith doable thread, 2 to 3 *9.80 *8.82 12.04 Per dozen.

16stitches.

Buttonhole, stamped, 56” long_____________ *32.35 *29.12 39.86 Do.17 Buttonhole, stam ped, W long____________ *43.00 *38.70 - 63.08 Do.18 Buttonhole stitch” dose___________________ 67.60 60.75 67.50 P er yard.19 Buttonhole stitch for joining seams___ __ 67.60 60.76 67.5020 Cord, twisted, over hosting.___________ _ _ 7.50 6.76 7.50 P er dozen inches.Bee footnotes at end of table.

Sch

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PROPOSED RULE MAKING

No. 10------ 3

Sc

he

du

le

a—

Fin

ds

Ra

ts

Sc

he

du

le

F

ob

th

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om

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Ch

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Un

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Wo

me

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se

In

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Ch

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Con

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ratio

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93 94 95 96 97

(See

ope

ratio

n N

o. 2

2.1)

Tin

ning

bel

ts,

mac

hine

sew

n, 2

9" x

W,

mea

sure

d af

ter t

urni

ng.

Tur

ning

bel

ts,

mac

hine

sew

n, 6

0" x

)4"

, m

easu

red

afte

r tu

rnin

g.T

urni

ng s

houl

der

pads

, 5H

" lo

ng,

with

an

unse

wed

slit

of 1

" fo

r tur

ning

.T

urni

ng s

houl

der

stra

ps,

14)$

" x

H",

mea

s­ur

ed a

fter

turn

ing.

(Wom

en’s

and

child

ren’

un

derw

ear a

nd W

omen

’. B

lous

e In

dust

ryC

hild

ren’

s dr

ess a

nd

rela

ted

prod

ucts

in

dust

ry

(3)

Uni

t of p

aym

ent

Blo

uses

and

neck

wea

r an

d si

lk an

d sy

nthe

tic

unde

rwea

r an

dni

ghtw

ear

(1)

Cot

ton

unde

rwea

ran

dni

ghtw

ear

(2)

Cen

tsC

ents

Cen

ts21

.50

21.5

021

.50

Per d

ozen

bel

ts.

27.3

227

.32

27.3

3D

o.

13.9

613

.96

13.9

6Pe

r doz

en p

ads.

42.8

642

.86

Per d

ozen

str

aps.

> See

cur

rent

wag

e or

ders

for t

hese

two

indu

stri

es fo

r def

initi

ons

of th

e In

dust

ries

and

of t

he c

lass

ifica

tions

of “

hand

­se

win

g”, “

hand

-em

broi

dery

”, a

nd “

othe

r op

erat

ions

”, a

nd f

or a

pplic

able

min

imum

hou

rly

wag

e ra

tes.

* Pie

ce r

ate

not

appl

icab

le w

hen

oper

atio

n is

per

form

ed o

n ar

ticle

s w

hich

are

who

lly m

achi

ne-s

ewn

or m

achi

ne-

knit.

Sch

kd

ulb

B—

Piec

e R

ate

Sch

edu

le f

ob

th

è H

an

dk

erch

ief,

Sca

rf, a

nd

Aet

Lin

en I

nd

ust

rt

in P

uer

toR

ico

»

No.

Ope

ratio

nC

ents

Uni

t of p

aym

ent

99A

reni

llas

(see

d st

itch)

, clo

se, )

$" s

quar

es.

__

____

____

____

___

36.0

0Pe

r do

zen

squa

res.

100

Are

nilla

s (s

eed

stit

ch),

scat

tere

d, )

4" s

quar

es .

__

_ __

____

____

18.0

0D

o.10

1A

rrow

s, f

illed

in, H

" lo

ng. -

...

. .

.

. .

____

_ __

____

_9.

00Pe

r doz

en.

102

Bas

ting

lace

for s

ettin

g w

ith s

trai

ght s

ewin

g st

itch

____

____

____

___

1.72

Per d

ozen

Inch

es.

103

Bas

ting

stitc

h fo

r tri

mm

ing,

form

ing

cros

ses,

etc.

, 4 st

itche

s per

inch

..1.

50D

o.10

3.1

Bas

ting

and

fold

ing

hem

oh

edge

s up

to 1

34"

hem

. .....

......

.....

......

......

..>.

60D

o.10

4B

lind

hem

stitc

h. _

___

. _

...

_ _

_ _

......

......

......

..

......

. .

6.00

Do.

105

But

tonh

ole

stitc

h, 1

6 st

itche

s pe

r inc

h __

___

____

____

____

_ .

6.00

Do.

106

But

tonh

ole

stitc

h, 2

4 to

30

stitc

hes

per i

nch_

__

....

....

......

._9.

00D

o.10

7C

hain

stit

ch, 4

stit

ches

per

inch

... _

____

.

......

_

_ _

.. _

_1.

50D

o.10

8C

hain

stit

ch, 8

stit

ches

per

inch

____

____

____

___

■____

____

____

___

3.00

Do.

109

Cor

d, s

olid

, on

stem

. .

____

...

....

...

......

...9.

39D

o.11

0C

ord,

twis

ted,

ove

r bas

ting

. T

.....

......

......

3.00

Do.

111

Cor

d or

em

broi

dery

, sol

id, w

ithou

t fill

ing,

up

to H

" th

ick>

......

......

...9.

00D

o.11

2C

rouc

hing

or f

lat c

ord,

4 s

titch

es p

er in

ch. _

_ .

......

......

......

....

_ .

1.50

Do.

113

Cro

ss s

titch

, fi c

ross

es p

er in

ch6.

39D

o.11

4C

ut w

ork

with

but

tonh

ole

stitc

h, 2

4 to

30

stitc

hes

per i

nch.

.12

.00

Do.

114.

1D

aisi

es, 1

2 to

15

stitc

hes,

with

dou

ble

embr

oide

ry th

read

_ _

__

__9.

00Pe

r doz

en.

115

Dia

mon

ds,

fille

d in

, )4

" to

%"

wid

e ___

____

____

____

_ _

____

__9.

00D

o.11

6D

ots,

bab

y, n

ot fi

nish

ed o

ff, 2

to 3

stit

ches

_

......

...

......

......

......

.2.

49D

o.11

7D

ots,

larg

e, n

ot fi

lled

in, f

inis

hed

off,

12 s

titc

hes.

......

......

......

......

.....

4.50

Do.

118

Dot

s, la

rge,

fill

ed in

, fin

ishe

d of

f, ov

er 1

2 stit

ches

....

.. _

____

9.00

Do.

119

Dot

s, la

rge,

not

fill

ed in

, fin

ishe

d of

f, ov

er 1

2 st

itche

s __

__

____

__6.

00D

o. *

120

Dot

s, m

ediu

m, n

ot fi

lled

in, f

inis

hed

off,

8 to

9 s

titch

es3.

96D

o.12

0.1

Dot

s, m

ediu

m,

in g

roup

s, n

ot f

inis

hed

off,

5 st

itche

s, w

ith d

oubl

e em

broi

dery

thre

ad.

2.56

Do.

120.

2D

ots,

med

ium

, fin

ishe

d of

f, 5

stitc

hes,

with

dou

ble

embr

oide

ry

thre

ad.

3.39

Do.

121

Em

broi

dery

, sol

id, M

e" to

H"

thic

k, a

vera

ges 2

8 st

itche

s pe

r in

ch12

.00

Per d

ozen

inch

es.

122

Em

broi

dery

, sol

id, s

trai

ght o

r di

agon

al, s

ame

as im

age

stitc

h, fi

lled

in,lo

ose.

12.0

0D

o.

123

Em

broi

dery

, so

lid, s

trai

ght

or d

iago

nal,

sam

e as

im

age

stitc

h, n

ot

fille

d in

, loo

se.

9.00

Do.

124

Eye

lets

, H"

diam

eter

......

......

......

.....

......

......

......

......

......

......

.....

......

......

....

6.69

Per d

ozen

.Se

e fo

otno

tes

at e

nd o

f ta

ble.

Sc

he

du

le

B

—P

iec

e

Ba

te

S

ch

ed

ul

e

fo

r

th

e

ha

nd

ke

rc

hie

f.

Sc

ar

f,

an

d

Ar

t

Lin

en

I

nd

us

tr

yin

P

ue

rt

o

Kic

o 1

—C

on

tin

ued

No.

Ope

ratio

nC

ents

Uni

t of p

aym

ent

125

Feat

her s

titch

, 12

stitc

hes

per i

nch_

____

____

____

____

____

____

____

_6.

67Pe

r doz

en in

ches

.12

6Fe

athe

r stit

ch c

ord_

____

____

____

____

____

____

____

____

___

____

__3.

52D

o.12

7Fl

at h

ems

with

out p

asad

a.__

____

>3.1

2D

o.12

8Fr

ench

kno

ts, n

ot fi

nish

ed o

ff__

____

____

____

____

____

____

____

____

1.26

Per d

ozen

.12

8.1

Fren

ch k

nots

, fin

ishe

d of

f, w

ith d

oubl

e em

broi

dery

thre

ad

....

2.40

Do.

129

Gua

riqu

enas

____

____

____

____

____

____

____

____

____

____

____

____

_3.

00D

o.13

0H

and

or F

renc

h ro

lling

, 10

stitc

hes

or le

ss p

er in

ch:

(a)

Squa

re s

carv

es...

......

......

......

......

......

......

......

......

......

......

.._.

......

..„8.

48Pe

r 48

inch

es.

(b)

Obl

ong

scar

ves_

____

____

____

____

____

____

____

____

____

_„20

.07

Do.

131

Han

d or

Fre

nch

rolli

ng, 1

1 st

itche

s or

mor

e pe

r inc

h....

......

......

......

......

10.1

9D

o.13

2

133

Han

d-ro

lling

one

sid

e of

a c

omer

:T

he p

iece

rate

sha

ll ap

ply

unde

r the

follo

win

g co

nditi

ons:

(a)

The

mac

hine

-stit

chin

g ru

ns t

o th

e en

d on

one

sid

e of

eac

h co

mer

; an

d on

the

oth

er s

ide,

the

spa

ce l

eft

open

for

han

d­ro

lling

at t

he c

omer

is n

ot le

ss th

an 3

4" n

or m

ore

than

1";

and

(b)

Onl

y on

e si

de o

f eac

h co

rner

is h

and-

rolle

d; a

nd t

he h

and­

rolli

ng is

not

long

er th

an 1

".H

and-

rolli

ng b

oth

side

s of

a c

omer

__

___

.

......

....

......

...20

.01

Per d

ozen

han

dker

chie

fs.

The

pie

ce ra

te s

hall

appl

y un

der t

he fo

llow

ing

cond

ition

s:(a

) T

he m

achi

ne-s

titch

ing

does

not

ran

to th

e en

d of

eith

er si

de

of a

ny c

omer

; and

the

spac

e le

ft o

pen

for h

and-

rolli

ng a

t eac

h si

de o

f the

com

ers

is n

ot le

ss th

an 3

4" n

or m

ore

than

1";

and

(b)

Bot

h si

des

of th

e co

rner

s ar

e ha

nd-r

olle

d; b

ut th

e ha

nd-r

oll-

39.9

9D

o.13

4in

g is

not

long

er th

an o

ne in

ch o

n ei

ther

sid

e of

any

com

er.

Han

d-ro

lling

bot

h si

des

of a

cor

ner:

The

pie

ce ra

te s

hall

appl

y un

der t

he fo

llow

ing

cond

ition

s:(a

) T

he m

achi

ne-s

titch

ing

runs

to

the

end

on o

ne s

ide

of e

ach

com

er;

and

on t

he o

ther

sid

e, t

he s

pace

lef

t op

en f

or h

and­

rolli

ng a

t the

cor

ner i

s no

t les

s tha

n )4

" no

r mor

e th

an 1

"; a

nd(b

) B

oth

side

s of

the

cor

ners

are

han

d-ro

lled;

but

the

han

d-50

.01

Do.

135

rolli

ng is

not

long

er th

an tw

o in

ches

on

any

com

er.

Hem

stitc

h, d

oubl

e (t

ru-t

ru),

4 th

read

s in

a b

undl

e, th

read

dra

win

g12

.39

Per d

ozen

-inch

es.

136

not i

nclu

ded.

Hem

stitc

h, s

ingl

e, 4

thr

eads

in

a bu

ndle

, th

read

dra

win

g no

t in

-6.

52D

o.

137

elud

ed.

Initi

als,

sim

nle,

with

hoo

ps..

...

_ .

____

__

__

___

30.0

0D

o.13

8In

itial

s, s

impl

e, w

ithou

t hoo

ps

___

___

_ __

____

___

____

__18

.60

Do.

139

Lace

, joi

ned

at c

orne

rs w

ith h

emm

ing

stit

ch...

......

._ .

......

. .

.9.

00D

o.14

0L

eave

s,si

mpl

e. .

.. ..

. ...

...1.

1214

1Le

aves

! sol

id, n

ot fi

nish

ed o

ff, 3

4" lo

ng3.

99D

o.14

2Le

aves

, sol

id, n

ot fi

nish

ed o

ff, W

to 3

4" lo

ng6.

00D

o.14

3Le

aves

, Sol

id, n

ot fi

nish

ed o

ff, W

to

long

12.0

0D

o.14

4Lo

ops,

mad

e w

ith w

orm

stit

ch, 3

4"__

____

____

_2.

01D

o.14

5Pa

sada

s, 1

1" x

11"

to 1

4" x

14"

, lin

en u

p to

160

0 co

unt,

incl

usiv

e ___

6.00

Per d

ozen

pas

adas

.14

6Pa

sada

s, 1

1" x

11"

to 1

4" x

14"

, lin

en 1

700

coun

t and

ove

r .....

......

....

8.40

Do.

147

Pasa

das,

15"

x 1

5", l

inen

up

to 1

600

coun

t, in

clus

ive.

_

.....

......

......

10.2

0D

o.14

8Pa

sada

s, 1

5" x

15"

, lin

en 1

700

coun

t and

ove

r.....

......

...

......

......

.....

.12

.60

Do.

149

Pasa

das,

16"

x 1

6" to

20"

x 2

0", l

inen

up

to 1

400

coun

t inc

lusi

ve „

...

14.4

0D

o.15

0Pa

sada

s, s

hort

, 1"

to 7

", li

nen

up to

160

0 co

unt i

nclu

sive

_ _

«3.1

2D

o.

151

Pasa

das,

sho

rt:

Cam

bric

, 1"

to 1

0"

. .

......

......

......

......

. ...

......

......

...6.

00D

o.15

2C

rash

, 1"

to 1

0" _

____

__4.

50D

o.15

3C

ambr

ic, 1

0)4"

to 1

8".

......

.12

.00

Do.

154

Cra

sh. 1

0)4"

to 1

8"__

____

___

9.00

Do.

155

Patc

hes,

cir

cula

r, se

wed

on

with

hem

min

g st

itch,

cut

ting

incl

uded

.6.

57Pe

r do

zen

inch

es.

156

Patc

hes,

irr

egul

ar o

utlin

e, s

ewed

on

with

hem

min

g st

itch,

cut

ting

11.4

3D

o.

156.

1in

clud

ed.

Patc

hes,

irre

gula

r out

line,

sew

ed o

n w

ith b

lind

stitc

h, u

p to

4".

....

8.40

Do.

156.

2Pa

tche

s, ir

regu

lar o

utlin

e se

wed

on

with

blin

d st

itch,

ove

r 4"

4.27

Do.

157

Patc

hes,

rec

tang

ular

, se

wed

on

with

hem

min

g st

itch,

cut

ting

in-

5.39

Do.

158

elud

ed.

Pin

stitc

h, th

read

dra

win

g no

t inc

lude

d, l

" so

.

____

____

___

.

72.0

0D

o.15

9R

anda

, Don

Die

go, t

hrea

d dr

awin

g no

t inc

lude

d___

____

____

____

__13

.50

Do.

160

Ran

da, M

exic

an, t

ied

at c

ente

r onl

y, th

read

dra

win

g no

t inc

lude

d—

Ran

da, s

impl

e, n

ot s

titch

ed a

t ei

ther

sid

e, t

hrea

d dr

awin

g no

t in

-3.

00D

o.16

12.

27D

o.

162

elud

ed.

Ros

e bu

ds, w

orm

stit

ch, 4

wor

ms,

2 c

olor

s or

tone

s ___

__

____

___

8.91

Per d

ozen

.16

3Sc

allo

ps, p

lain

, cut

ting

incl

uded

__

___

___

...__

____

_10

.07

Per d

ozen

inch

es.

164

Shad

ow s

titc

h,'u

p to

M"

wid

e._

...

_ _

___

: ___

____

_19

.33

Do.

165

Spid

ers,

4 le

vs

.. __

___

.

6.00

Per d

ozen

.16

6SD

ider

s, 8

lees

..

..

...

......

..11

.73

Do.

CO «oTuesday, January 15, 1963 FEDERAL REGISTER

380 PROPOSED RULE MAKINGSchedule B— P iece Rate Schedule foe the Handkerchief, Scarf, and Art L inen I ndustry

in P uerto Rico1— C o n tin u ed

No.

179

180

181

182

183

184

185

186

No.

167167.2

167.4

167.6167.7167.8

168.0168.1168.2

168.3168.4168.5

168.6168.7168.8 169

Operation

Thread drawing

A rt linens, first thread, not coming out a t edge:Stamped 1" to 10"_____________________N ot stam ped I " to 10"..-..........................................

A rt linens, unstam ped, first thread, all-around, not com­ing out a t edge:

Doilies 12" x 18"________________________________Napkins:12" x 12"........................ _

15" x 15"_________________ ' _Lis " x i 8 " . „ ____________ ______

Scarves:17" x 36"______: __________17" x 45"_______________ ________17" X 54"............... .......................

Squares:3 6 "x 36"_________________45" x 45"_________________ __________54" X 54"........ .................................. I - I I I I I I I I " —I”

A rt linens, unstam ped, first thread a t one end, coming out a t both edges:

Towels:9" x 15"__________ __________15" x 24"_______ ______________,18" x 30"_________ ______ _____ ::i ” '■ ■

A rt linens, after first thread______________I .I l l I I I I I I I I I

Cents

Cambric

(1)

2.152.68

11.99

9,5911-9914-39

21.17 24.77 28.37

28.7935.9743.17

0

Crash

(2)

9.76

8.129.76

11.27

15.1717.1118.99

19.1922.8126.65

L612.192.52

U nit of paym ent

Per dozen threads. Do.

Per dozen pieces.

Do.Do.Do.

Do.Do.Do.

Do.Do.Do.

Do.Do.Do.

No.

170171172173

174

175

176177

Operation

Thread drawing

Ladies handkerchiefs

F irst thread around edge, cotton or linen, up to 1600 count Inclusive- F irst thread, inside, cotton or linen, up to 1600 count in c lu s iv eAfter first thread (for example, for hemstitching)____________First thread around edge, linen up to 1500 count inclusive. i 6" x”l 6" '

to 20" x 20" .F irst thread around edge, linen 1600 count and over, 16" x 16" to

20" x 20" .F irst thread, inside, linen up to 1500 count inclusive, 16" x 16" to

20" x 20" .F irst thread, inside, linen 1600 count and over, 16" x 16" to 20" x 20" After first thread (for example, for hemstitching)—______________ 2

Cents U nit of paym ent

3.00 Per dozen threads.3.76 Do.

04.50 Do.

5.26 Do.

5.26 Do.

6.00 Do.0

Operation

H alf roll, cambric and crash, a t 3.28cents per dozen inches__________

H and or French r o ll in g , io stitches or less per inch, cambric, and crash,a t 2.12 cents per dozen inches____ _

Hemming stitch over pasada, meas­uring all around edge:

Cambric a t 2.01 cents per dozeninches *_____________________

Crash, a t 1.88 cents per dozen inches*. Second seams, for separate borders,

measuring all around edge: Cambric, a t 2.01 cents per dozen

inches *__________________ ____ _Crash, a t L88 cents per dozen inches*. Second seams, for separate borders,

w ith French corners, measuring all around edge:

Cambric, a t 2.25 cents per dozeninches *________________________

Crash, a t 2.01 cents per dozen inches*.

Doilies Napkins Table scarves Squares Table cloths

8" x l6" 10"xl4" 12"x l8" 12"x l2" 15"xl5" 18"xl8" 17"x36" 17"x45" 17"x54" 36"x36" 45"x45" 54"x64" 54"x72" 72"x72" 72"x90"

1.57 1.57 1.97 1.57 L97 2.36 3.47 4.06 465 4 72 490 7.08 426 9.44 10.62

1.02 1.02 L27 1.02 L27 1.53 2.25 2.63 3.01 3.06 482 459 435 411 688

.96 .96 1.20 .96 1.20 1.45 2.13 2.49 2.85 2.89 3.61 434 406 478 660

.90 .90 1.13 .90 1.13 1.35 1.99 2.33 2.67 2.71 439 406 474 442 6.09

.96 .96 1.20 .96 L 20 1.45 2.13 2.49 2.85 2.89 461 4 34 406 478 660

.90 .90 1.13 .90 L 13 1.35 1.99 2.33 2.67 2.71 439 406 4 74 442 609

1.08 L08 L35 1.08 1.35 1.62 2.38 2.79 3.19 3.24 405 4.86 4 67 6.48 7.2?.96 .96 1.20 .96 1.20 1.45 2.13 2.49 2.85 2.89 461 434 406 478

See fo o tn o tes a t en d o f tab le .

FEDERAL REGISTER 381Tuesday, January 15, 1963tmmm.K B—P iece Rate Schedule foe the H andkerchief, Scarf, and Art L inen I ndustry

in P uerto Rico —C o n tin u ed

No. Operation Cents U nit of paym ent

Scallop cutting

Hand-cutting machine-embroidered, shallow, curved scallops on handkerchiefs or square scarves:

Per dozen scallops.187.4 Small, measuring from He" up to bu t not including H ", along outside edge.

29.65

187.5 Medium, measuring from W up to b u t not including along outside edge.

37.33 Do.

187.6 Large, measuring from % " to and inclusive of 1H ", along out­side edge.

Needlepoint operations *8

56.00 Do.

200 Compact florals, figures and landscapes.................................................... 31.20 Per 1,000 stitches.201 Scattered florals_________--------------------------------------------------------- 33.60 Do.202 Scattered florals consisting of borders or garlands only................ ......... 36.00 Do.203 Combinations of compact center and scattered borders in which the

compact portion totals 45 percent or more of the total design.33.60 Do.

204

205

Combinations of compact center and scattered borders in which the compact portion totals less than 45 percent of the entire design.

2.32 cents must be added to the above piece rates to cover thum b­tack mounting on frame for each piece of canvas.

Employers using other methods m ust set individual rates for m ount­ing and removing canvas in accordance w ith Section 545.10.

36.00 Do.

i See current wage order for this industry for definition of the industry and of the classification of “hand-sewing” ■ and “other operations,” and for applicable m inimum hourly wage rates.

s piece rate not applicable when operation is performed on articles which are otherwise wholly machine-sewn.J These piece rates have been set on the basis of O .N .T. thread #5, corded, which averages 28 stitches per inch of

solid cord. If corded threads are used which are not so thick, the rate should be .increased in proportion to the in­crease in the number of stitches per inch. If corded thread #11 is used, 15 percent m ust be added to the piece rates

• Exceptions. These piece rates do not apply to the following types of needlepoint. For these and all other varieties of needlepoint not covered by the schedule and definitions, piece rates m ust be set by employers in accordance with Regulation 545.10.

1. Florals having more than 10,000 stitches.2. Florals having more than 36 color tones.3. Figures and landscapes having more than 3,000 stitches.4. Figures and landscapes having more than 25 color tones.5. Petit Point.6. Stamped grospolnt.

• Definitions. (1) A scattered design is one in which 50 percent or more of the component parts, when finished, are separated by spaces of unsewn canvas.

(2) A compact design is one in which 50 percent or more of the finished piece contains no spaces of unsewn canvas.• For each additional count of 100, add 1.20 cents.7 For second and third threads, 20 percent of rate for first thread; for additional threads, 15 percent of rate for first

thread.

DEPARTMENT OF HEALTH, EDU­CATION, AND WELFARE

Food and Drug Administration[ 21 CFR Part 120 1

TOLERANCES AND EXEM PTIONS FROM TOLERANCES FOR PESTICIDE CHEMICALS IN OR ON RAW AGRI­CULTURAL COMMODITIES

Notice of Filing of PetitionPursuant 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)) , notice is given that a petition has been filed by Chemagro Corporation, Post Office Box 4913, Kansas City 20, Missouri, proposing the establishment of tolerances for residues of 0 ,0 -dimethyl 2,2,2-trichloro-l-hydroxyethyl phospho­nate in or on bananas at 0.2 part per million of which zero shall be in the pulp after the peel is removed and dis­carded.

The analytical method proposed in the petition for determining residues of the pesticide depends on removal from the acidulated crop by dialysis. The resi­due is then subjected to additional cleanup and determined through the use of a microcoulometric gas chromato­graph.

Dated: January 8,1963.(52 Stat. 1062, as amended; 29 U.S.C. 206)

Signed at Washington, D.C., this 7th day of January 1963.Clarence T. Ltjndquist,

Administrator.[F.R. Doc. 63-325; Filed, Jan. 14,1963; 8:45 a.m.]

R obert S. R oe, Director, Bureau of

Biological and Physical Sciences.[Fja. Doc. 63-382; Filed, Jan. 14, 1963;

8:45 aon.]

NoticesDEPARTMENT OF STATE

[Public Notice No. 214; Delegation of Authority 91-B]

DIRECTOR OF INTERNATIONAL SCIENTIFIC AFFAIRS

Delegation of Authority Correction

In P.R. Doc. 63-244, appearing a t page 283 of the issue for Thursday, Janu­ary 10, 1963, the bracket in the heading should read as set forth above.

DEPARTMENT OF THE TREASURYComptroller of the Currency

[Delegation Order No. 8]ORDER OF SUCCESSION TO ACT AS

COMPTROLLERBy virtue of the authority vested in

me by Treasury Department Order No. 129 (Revision No. 2), dated April 22, 1955, it is hereby ordered as follows:

1. The following officers in the Bureau of the Comptroller of the Currency, in the order of succession enumerated, shall act as Comptroller of the Currency dur­ing the absence or disability of the

'Comptroller of the Currency or when there is a vacancy in such office:

(1) Clarence B. Redman, First Deputy Comptroller of the Currency.

(2) Albert J. Faulstich, Administra­tive Assistant to the Comptroller of the Currency.

(3) William B. Camp, Deputy Comp­troller of the Currency.

(4) Justin T. Watson, Deputy Comp­troller of the Currency.

(5) Thomas G. DeShazo, Deputy Comptroller of the Currency.

(6) Dean E. Miller, Deputy Comp­troller of the Currency for Trusts.

(7) R. Coleman Egertson, Chief Na­tional Bank Examiner.

(8) Regional Chief National Bank Ex­aminer at Richmond, Virginia.

(9) Regional Chief National Bank Examiner at Philadelphia, Pennsylvania.

(10) Regional Chief National Bank Examiner a t New York, New York.

(11) Regional Chief National Bank Examiner at Cleveland, Ohio.

(12) Regional Chief National Bank Examiner at Atlanta, Georgia.

(13) Regional Chief National Bank Examiner at Boston, Massachusetts.

(14) Regional Chief National Bank Examiner at Chicago, Illinois.

(15) Regional Chief National Bank Examiner at Memphis, Tennessee.

(16) Regional Chief National Bank Examiner at Kansas City, Missouri.

(17) Regional Chief National Bank Examiner at Minneapolis, Minnesota.

(18) Regional Chief National Bank Examiner at Dallas, Texas.

382

(19) Regional Chief National Bank Examiner at Denver, Colorado.

(20) Regional Chief National Bank Examiner at San Francisco, California.

(21) Regional Chief National Bank Examiner at Portland, Oregon.

2. In the event of an enemy attack on the continental United States, all Re­gional Chief National Bank Examiners, including any Acting Regional Chief Na­tional Bank Examiners, are authorized in their respective regions to perform any function of the Comptroller of the Cur­rency, or the Secretary of the Treasury, whether or not otherwise delegated] which is essential to the carrying out of responsibilities otherwise assigned to them. The respective officers will be notified when they are to cease exer­cising the authority delegated in this paragraph.

3. Delegation Order No. 7 is hereby repealed.

Dated: January 9,1963.[seal] James J. S axon,

Comptroller of the Currency.[F.R. Doc. 63-434; Filed, Jan. 14, 1963;

8:49 ajn.J

Foreign Assets Control

must remain in carriers’ custody during the entire period of transshipment.

Additional information and license ap­plication forms may be obtained from the Foreign Assets Control, Treasury De­partment, Washington 25, D.C., or the Federal Reserve Bank of New York, 33 Liberty Street, New York 45, New York.

[seal] Margaret W. Schwartz, Director, Foreign Assets Control

[F.R. Doc. 63—456; Filed, Jan. 14, 1963; 8:50 a.m.]

Office of the Secretary [Dept. Circ. 570,1962 Rev. Supp. No. 18]

ZURICH INSURANCE CO.Acceptable Reinsuring Company on

Federal BondsJanuary 9,1963.

A Certificate of Authority has been issued by the Secretary of the Treasury to the following company as a reinsuring company only on Federal bonds under Treasury Department Circular No. 297, July 15, 1922, as amended, 31 CFR Part 223. An underwriting limitation of $7,072,000.00 has been established for the company.

HORSE MANE HAIR; IMPORTATION FROM COUNTRIES NOT IN AU­THORIZED TRADE TERRITORY

Applications for LicensesUnder the program announced on

November 30, 1961, licenses were issued in 1962 under the Foreign Assets Control Regulations (31 CFR 500.101 to 500.808) authorizing the purchase during 1962 of approximately 651,600 pounds of horse mane hair for importation from the UB.S.R. Only part of the total amount licensed was imported or purchased for importation and the Treasury Depart­ment has decided it will consider appli­cations for licenses to purchase and im­port the unused balance of approxi­mately 500,000 pounds.

Applications must be accompanied by evidence that a firm purchase contract, subject only to the procuring by the ap­plicant of an appropriate Foreign Assets Control license, has been entered into for a specified amount not exceeding fifty metric tons of Russian or Outer Mon­golian horse mane hair, to be shipped from the U.S.S.R. not later than May 31, 1963. Applications will be considered in order of filing with the Federal Re­serve Bank of New York, but must be filed by March 1, 1963. If the contract is entered into with a seller in a country other than the U.S.S.R., it will be a con­dition of the license not only that the horse mane hair shall be shipped from the U.S.S.R. but also that if such ship­ment is not made to the U.S. either di­rectly or on a through bill of lading it

Zurich Insurance Co., Zurich, Switzerland. (UR. Office, Chicago, Illinois.)

[ SEAL ] J O H N K. CARLOCK,Fiscal Assistant Secretary.

[FJt. Doc. 63-383; Filed, Jan. 14, 1963; 8:46 a.m.]

DEPARTMENT OF AGRICULTUREAgricultural Research Service

IDENTIFICATION OF CARCASSES OF CERTAIN HUMANELY SLAUGH­TERED LIVESTOCKSupplemental List of Humane

SlaughterersPursuant to section 4 of the Act of

August 27, 1958 (7 U.S.C. 1904) and the statement of policy thereunder in 9 CFR Part 181.1 the following table lists addi­tional establishments operated under Federal inspection under the Meat In­spection Act (21 U.S.C. 71 et seq.) which have been officially reported as humanely slaughtering and handling the species of livestock respectively designated for such establishments in the table. This list supplements the list previously published under the Act (28 F.R. 142) for Decem­ber and represents those establishments and species which were reported too late to be included in the earlier list or which have come into compliance with respec to species indicated since the completion of the reports on which the earlier ust was based. The establishment number

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CO 00 COTuesday, January 15, 1963 FEDERAL REGISTER

384 NOTICES

CIVIL AERONAUTICS BOARDFRONTIER-DENVER-KANSAS CITY

FARES[Docket 14083]

Notice of Prehearing ConferenceIn the matter of the Denver-Kansas

City first-class fare proposed by Frontier Airlines, Inc.

Notice is hereby given that a prehear­ing conference in the above-entitled matter is assigned to be held oh January 24, 1963 at 10 a.m., e.s.t., in Room 911, Universal Building, Connecticut and Florida Avenues NW., Washington, D.C., before Examiner Ross I. Newmann.

Dated at Washington, D.C., January 9, 1963.

[seal] F rancis W. B rown,Chief Examiner.

[F.R. Doc. 63-391; Filed, Jan. 14, 1963;8:46 a.m.]

[Docket 14150]FRONTIER RATE MATTER

Notice of Prehearing ConferenceIn the matter of the two-hour go-show

fares proposed by Frontier Airlines, Inc. (See Order E-19041.)

Notice is hereby given that a prehear­ing conference in the above-entitled matter is assigned to be held on January 23, 1963 at 10 a.m., e.s.t., in Room 911, Universal Building, Connecticut and Florida Avenues NW., Washington, D.C., before Examiner Ralph L. Wiser.

Dated at Washington, D.C., January 9, 1963.

[ seal] F rancis W. B rown,Chief Examiner.

[F.R. Doc. 63-392; Filed, Jan. 14, 1963; 8:47 a.m.]

[Docket 12029]SAN FRANCISCO AND OAKLAND

HELICOPTER AIRLINESNotice of Prehearing Conference

In the matter of the application of San Francisco and Oakland Helicopter Airlines for a permanent or temporary certificate of public convenience and necessity. (Order E-19124.)

Notice is hereby given that a prehear­ing . conference on the above-entitled application is assigned to be held on Jan­uary 25, 1963, at 10 a.m., e.s.t., in Room 911, Universal Building, Connecticut and Florida Avenues NW., Washington, D.C., before Examiner Herbert K. Bryan.

Dated at Washington, D.C., January 9,1963.

[seal] F rancis W. B rown,Chief Examiner.

[F.R. Doc. 63-393; Filed, Jan. 14, 1963;8:47 a.m.]

[Docket 14274; Order No. E-19182]INCREASED EXCESS BAGGAGE

CHARGESOrder of Investigation and

SuspensionAdopted by the Civil Aeronautics

Board a t its office in Washington, D.C., on the 10th day of January 1963.

By tariff revisions1 marked to become effective January 15, 1963, five carriers* propose to increase their minimum charge for excess baggage weight from 25 cents to 50 cents.

The Board, upon consideration of the proposed tariff revisions, finds that the proposed charge may be unjust and unreasonable, unjustly discriminatory, unduly preferential, unduly prejudicial, or otherwise unlawful, and should be investigated.

The carriers have supplied no informa­tion as to the theory or basis of the increase in minimum excess baggage charge proposed by them, nor has the Board been furnished any data or other basis in support of the reasonableness of the increase in charges for excess baggage which would be effected under this proposal. Under these circum­stances, the Board has concluded that the instant tariff amendments should be suspended pending investigation. •

Accordingly, pursuant to the Federal Aviation Act of 1958, particularly sec­tions 204(a), 403, 404, and 1002 thereof: I t is ordered:

1. That an investigation be instituted to determine whether the provisions of Rule 69(A) on 29th Revised Page 49 of Agent C. C. Squire’s C.A.B. No. 43 are, or will be, unjustly discriminatory, unduly preferential, unduly prejudicial, or otherwise unlawful, and if found to be unlawful, to determine and prescribe the lawful provisions.

2. That pending investigation, hear­ing, and decision by the Board, the por­tion of Rule 69(A) on 29th Revised Page 49 of Agent C. C. Squire’s C.A.B. No. 43 reading “except that the m inim um charge will be 50 cents for CN, DL, EA, NA, and NE only” is suspended and its use deferred, so far as applicable to interstate air transportation, to and in­cluding April 14, 1963, unless otherwise ordered by the Board and that no changes be made therein during the period of suspension except by order or special permission of the Board.

3. That this investigation be assigned for hearing before an examiner of the Board at a time and place hereafter to be designated.

4. That a copy of this order be filed with the aforesaid tariff and be served upon Central Airlines, Inc., Delta Air Lines, Inc., Eastern Air Lines, Inc., Na­tional Airlines, Inc., and Northeast Air­lines, Inc.

1 Revisions to Agent C. C. Squire’s C.A.B. No. 43 filed November 30,1962.

2 Central Airlines, Inc., Delta Air T.lnsa, Inc., Eastern Air Lines, Inc., National Air­lines, Inc., and Northeast Airlines, Inc.

This order will be published in the F ederal R egister.

By the Civil Aeronautics Board.[seal] H arold R. Sanderson,

Secretary.[F.R. Doc. 63—394; Filed, Jan. 14, 1963-

8:47 a.m.]

FEDERAL COMMUNICATIONS COMMISSION

[Docket No. 14341; FCC 63R-18]COLLIER ELECTRIC CO.

Vacating Memorandum Opinion and Order

In re application of Collier Electric Company, Fort Morgan, Colorado, et al * Docket No. 14341, File No. 848-Cl-R-6l’, et al.; for renewal of licenses for sta­tions in the Domestic Public Point-to- Point Microwave Radio Service.

The Review Board having under con­sideration its Memorandum Opinion and Order (FCC 63R-8), released January 7, 1963;

I t appearing, that said order did not take into consideration the opposition filed by Collier Electric Company on No­vember 5, 1962;

Accordingly, it is ordered, This 9th day of January 1963, on the Review Board’s own motion, that the Memorandum Opinion and Order (FCC 63R-8), re­leased January 7,1963, is vacated.

Released: January 19,1963.F ederal Communications

Commission,[seal] B en F . Waple,

Acting Secretary.[F.R. Doc. 63-401; Mled, Jan. 14, 1963; j

8:48 a.m.j

[Docket Nos. 14714,14715; FCC63M-49]

DESERT BROADCASTING CO., INC., AND MANUEL MARTINEZ -Order Scheduling Hearing

In re applications of Desert Broadcast­ing Company, Inc., for additional time to construct Radio Station KANT-FM, Lancaster, California; Desert Broad­casting Company, Inc. (Assignor), Docket No. 14714, Fil l No. BMPH-£746; and Manuel Martinez (Assignee); Docket No. 14715, File No. BAPH-271; for assignment of construction permit for Radio Station KANT-FM, Lancaster,California.

In view of the Review Board’s Memo­randum Opinion and Order released De­cember 10, 1962 (FCC 62R-162), ana in view of statements of counsel for au parties that a further prehearing con­ference is. not desired by them and tne Hearing Examiner does not deem it nec­essary to hold a further prehearing co ference: I t is ordered, This 10th day January 1963, that hearing herein

FEDERAL REGISTER 385Tuesday, January 15, 1963

commence at 10:00 am., January 16, 1963.

Released: January 10, 1963.Federal Communications

Commission,[seal] Ben F. Waple,

Acting Secretary.[P.R. Doc. 63-402; Filed, Jan. 14, 1963;

8:48 a.m.]

[Docket No. 8716 etc.; FCC 63M-37]GREENWICH BROADCASTING CORP.

Order Continuing HearingIn re applications of The Greenwich

Broadcasting Corporation, Greenwich, Connecticut, et al., Docket No. 8716, File No. BP-6315; Docket Nos. 14569, 14574,14575; for construction permits.

It is ordered, This 7th day of January 1963, on the Examiner’s own motion, that the prehearing conference in the above-entitled matter now scheduled for January 10, 1963, be, and hereby is, continued indefinitely.

Released: January 8, 1963.Federal Communications

Commission,[seal] Ben F. W aple,

Acting Secretary.[F.R. Doc. 63-403; Filed, Jan. 14, 1963;

8:48 a.m.]

[Docket No. 14666; FCC 63M-32]KDIA, INC.

Order Continuing HearingIn re application of KDIA, Inc.

(KDIA), Oakland, California, Docket No. 14666, File No. BP-13723; for construc­tion permit.

The Hearing Examiner having under consideration petition filed January 4, 1963, on behalf of the Secretary of the Army, requesting that the date for the exchange of exhibits be extended fromJanuary 15, 1963 to February 18, 1963 and the hearing herein now scheduled for February 18, 1963, be continued tc March 18,1963;

It appearing, that good cause exists why said request should be granted and counsel for KDIA, Incorporated, and Chief, Broadcast Bureau interpose no ob­jection to the grant of said request;

Accordingly, it is ordered, This 7th das of January 1963, that the petition foi continuance is granted and the exchange i exhibits shall be accomplished on oi efore February 18,1963, in lieu of Janu-y 15,1963; and, that the hearing hereir

»«h 5 heduled for February 18, 1963, be io2>th.ensame is continued to March 18 nffll’ 0 am -> in the Commission’s Offices, Washington, D.C.

Released: January 8,1963.

[seal]

[F-R. Doc.

Federal Communications Commission,

Ben F. Waple,Acting Secretary.

63-404; Filed, Jan. 14, 1963; 8:48 ajn.]

[Docket No. 14691; FCC 63M-33]GEOFFREY A. LAPPING

Memorandum Opinion and Order Continuing Hearing

In re application of Geoffrey A. Lap­ping, Blythe, California, Docket No. 14691, File No. BP-13609; for construc­tion permit.

The Hearing Examiner is in receipt of a telegraphic communication from Geoffrey A. Lapping, as of this date, re­questing inter alia, that the prehearing conference herein scheduled for Janu­ary 9,1963, be continued;

Likewise, Lapping filed on January 4, 1963, another notice of intention to take depositions, to which oppositions have been filed on behalf of both KYOR, In­corporated and Chief, Broadcast Bureau;

In view of the posture of this proceed­ing, it is deemed advisable to continue the prehearing conference and schedule oral argument on the request to take depositions, as well as continue the hear­ing now scheduled for January 21, 1963;

Accordingly, it is ordered, This 7th day of January 1963 that the prehearing con­ference now scheduled for January 9, 1963, be and the same is hereby resched­uled for January 21, 1963, 9:00 a.m., in the Commission’s Offices, Washington, D.C., at which time oral argument will be held on Lapping’s notice of intent to take depositions;

It is further ordered, That the hearing now scheduled for January 21, 1963, be and the same is hereby rescheduled for February 11, 1963, 10:00 a.m., in the Commission’s Offices, Washington, D.C.

Released: January 8,1963.F ederal Communications

Commission,[seal] B en F. W aple,

Acting Secretary.[F.R. Doc. 63-405; Filed, Jan. 14, 1963;

8:48 a.m.]

[Docket Nos. 14775-14778; FCC 63M-48]L. B. WILSON, INC., ET AL.Order Continuing Hearing

In re applications of L. B. Wilson, Incorporated, Miami, Florida, Docket No. 14775, File No. BRCT-509; for renewal of license of Television Station WLBW- TV (Including TV STL Station KIS-77 and TV Pickup Station KE-7759); Civic Television, Inc., Miami, Florida, Docket No. 14776, File No. BPCT-3041; South Florida Television Corporation, Miami, Florida, Docket No. 14777, File No. BPCT-3042; Miami Television Corpora­tion, Miami, Florida, Docket No. 14778, File No. BPCT-3044; for construction permits for new television broadcast sta­tions (Channel 10).

The Hearing Examiner having under consideration a request for continuance of date for commencement of hearing;

It appearing that the hearing is now scheduled to commence on January 14, 1963, but that counsel for Civic Tele­vision, Inc., has commitments in court which would conflict with this date; and

It further appearing that all parties have consented to a week’s continuance;

It is ordered, This 9th day of January 1963, that the hearing now scheduled to commence on January 14 is continued to January 21,1963.

Released: January 9, 1963.F ederal Communications

Commission,[seal] B en F. Waple,

Acting Secretary.[F.R. Doc. 63-408; Filed, Jan. 14, 1963;

8:48 a.m.]

[Docket No. 14907; FCC 63M-45]MOUNTAIN VIEW BROADCASTING

CO.Order Scheduling Hearing

In the matter of revocation of the li­cense of Eugene and David P. Slatkin d/b as Mountain View Broadcasting Company, Docket No. 14907; for Stand­ard Broadcast Station WBMT, Black Mountain, North Carolina.

It is ordered, This 9th day of January 1963, that David I. Kraushaar will preside at the hearing in the above-entitled proceeding which is hereby scheduled to commence on April 16, 1963, in Ashe­ville, North Carolina; And it is further ordered, That a prehearing conference in the proceeding will be convened by the presiding officer a t 10:00 a.m., Friday, February 8, 1963, in the Offices of the Commission, Washington, D.C.

Released: January 9,1963.F ederal Communications

Commission,[seal] B en F. W aple,

Acting Secretary.[F.R. Doc. 63-406; Filed, Jan. 14, 1963;

8:48 am.]

[Docket No. 14906; FCC 63M-42]

1360 BROADCASTING CO., INC. (WEBB)

Order Scheduling HearingIn re application of 1360 Broadcasting

Co., Inc. (WEBB), Baltimore, Maryland, Docket No. 14906, File No. BP-14767; for construction permit.

It is ordered, This 8th day of January 1963, that Basil P. Cooper will preside at the hearing in the above-entitled pro­ceeding which is hereby scheduled to commence on March 4, 1963, in Wash­ington, D.C.; and It is further ordered, That a prehearing conference in the pro­ceeding will be convened by the presid­ing officer a t 9:00 a.m., Friday, Feb­ruary 1,1963.

Released: January 9,1963.F ederal Communications

Commission,[seal] B en F. W aple,

Acting Secretary.[F.R. Doc. 63-407; Filed, Jan. 14, 1963;

8:48 am.]

386 NOTICES

FEDERAL MARITIME COMMISSION[Docket No. 1060 <Sub 2) ]

FEDERAL AND ATLANTIC LAKES LINENotice of Filing of Amendments to

Non-Conference Exclusive Patron­age Shippers ContractsNotice is hereby given that the Fed­

eral and Atlantic Lakes Line has filed with the Commission pursuant to sec­tion 14b of the Shipping Act,. 1916, a proposed amendment to its exclusive patronage (dual rate) contracts whereby contract rates will not apply to cargo destined to the Port of Duluth, Min­nesota.

Interested parties may inspect a copy of the contract a t the Bureau of For­eign Regulation, Federal Maritime Com­mission, Washington, D.C., and at the offices of the District Directors of the Federal Maritime Commission in New York, N.Y., New Orleans, • La., and San Francisco, Calif., and may submit to the Secretary, Federal Maritime Commis­sion, Washington 25, D.C., within 30 days after publication of this notice in the F ederal R egister, an original and 15 copies of written statements with refer­ence to such contract and their position as to approval, disapproval, modification, or cancellation, together with a request for hearing, should a hearing be desired.

Dated: January 10, 1963.By order of the Federal Maritime

Commission.T homas Lis i,

Secretary.[F.R. Doc. 63-389; Piled, Jan. 14, 1963;

8:46 am.]

FEDERAL POWER COMMISSION[Docket No. CP63-139]

COLUMBIA GULF TRANSMISSION CO.Notice of Application and Date of

HearingJ anuary 8,1963.

Take notice that on November 21, 1962, Columbia Gulf Transmission Com­pany (Applicant), 3805 West Alabama Avenue, Houston 27, Texas, filed in Docket No. CP63-139 an application pur­suant to section 7(c) of the Natural Gas Act for a certificate of public convenience and necessity authorizing the construc­tion during the calendar year 1963 and the operation of field facilities to enable Applicant to take into its certificated main pipeline system natural gas which will be purchased by United Fuel Gas Company (United Fuel) from producers thereof, all as more fully set forth in the application which is on file with the Commission and open to public inspec­tion.

The purpose of this “budget-type” ap­plication is to augment Applicant’s ability to act with reasonable dispatch in connecting to its pipeline' system new supplies of natural gas which will be purchased by United Fuel in various pro­

ducing areas generally co-extensive with Applicant’s system.

The total cost of the proposed facilities will not exceed a maximum of $500,000, and no single project will exceed a cost of $125,000. The application states that the proposed facilities will be financed from funds on hand.

This matter is one that should be dis­posed of as promptly as possible under the applicable rules and regulations and to that end:

Take further notice that, pursuant to the authority contained in and subject to the jurisdiction conferred upon the Federal Power Commission by sections 7 and 15 of the Natural Gas Act, and the Commission’s rules of practice and pro­cedure, a hearing will be held on Feb­ruary 14, 1963, a t 9:30 ami., e.s.t., in a Hearing Room of the Federal Power Commission, 441 G Street NW., Wash­ington, D.C., concerning the matters in­volved in and the issues presented by such application: Provided, however, That the Commission may, after a non- contested hearing, dispose of the pro­ceedings pursuant to the provisions of § 1.30(c) (1) or (2) of the Commission’s rules of practice and procedure. Under the procedure herein provided for, un­less otherwise advised, it will be unneces­sary for Applicant to appear or be repre­sented at the hearing.

Protests or petitions to intervene may be filed with the Federal Power Commis­sion, Washington 25, D.C., in accordance with the rules of practice and procedure (18 CFR 1.8 or 1.10) on or before Feb­ruary 4, 1963. Failure of any party to appear a t and participate in the hearing shall be construed as waiver of and con­currence in omission herein of the inter­mediate decision procedure in cases where a request therefor is made.

J oseph H. Gutride, Secretary.

[F.R. Doc. 63-375; Filed, Jan. 14, 1963; 8:45 am .]

[Docket Nos. G-20265-G-20268]

MIDLAND PETROCHEMICAL CO.Notice of Application and Date of

Hearing *January 8,1963.

Take notice that on June 22, 1962, Midland Petrochemical Co. (Applicant), 3615 South Harvard, Tulsa 5, Oklahoma, filed in Docket Nos. G-20265, G-20266, G-20267, and G-20268, an application pursuant to section 7(b) of the Natural Gas Act for permission and approval of the Commission to abandon natural gas service as hereinafter described, all as more fully described in the application in the above-entitled proceedings which is on file with the Commission and open to public inspection.

The abandonment application herein was filed as an amendment to the appli­cations for certificates of public con­venience and necessity in the subject dockets which applications requested authorization to continue certain sales of natural gas originally made by Hope Producing Company (Hope) to whose

interests Applicant has succeeded. On December 18, 1959, Applicant wasgranted temporary authorization to con­tinue the sales herein proposed to be abandoned.

The pertinent facts in each docket are as follows:Docket No.; Location; Purchaser; and

Docket in Which Hope Was Authorized To Render Service

G—20265; Monroe Field, Ouachita Parish, La.; Texas Gas Transmission Coro • G- 4802.

G-20266; Monroe Field, Union Parish, La.;Olin Gas Transmission Corp.; G-5166.

G-20267; Monroe Field, Ouachita Parish, La.; Southern Natural Gas Co.; G-5167.

G-20268; Monroe Field, Ouachita Parish, La.; Olin Gas Transmission Corp.; G-5168.

In each case the volume of gas has be­come depleted to the point where it is no longer economically feasible to con­tinue the operation.

Applicant has filed notices of cancella­tion of its FPC gas rate schedules re­lated to the sales proposed to be aban­doned.

This matter is one that should be disposed of as promptly as possible under the applicable rules and regulations and to that end:

Take further notice that, pursuant to the authority contained in and subject to the jurisdiction conferred upon the Federal Power Commission by sections 7 and 15 of the Natural Gas Act, and the Commission’s rules of practice and pro­cedure, a hearing will be held on Feb­ruary 14, 1963, at 9:30 a.m., e.s.t., in a Hearing Room of the Federal Power Commission, 441 G Street NW., Wash­ington, D.C., concerning the matters involved in and the issues presented by such application: Provided, however, That the Commission may, after a non- contested hearing, dispose of the pro­ceedings pursuant to the provisions of § 1.30(c) (1) or (2) of the Commission’s rules of practice and procedure. Under the procedure herein provided for, un­less otherwise advised, it will be unnec­essary for Applicant to appear or be represented a t the hearing.

Protests or petitions to intervene may be filed with the Federal Power Com­mission, Washington 25, D.C., in ac­cordance with the rules of practice and procedure (18 CFR 1.8 or 1.10) on or before February 4, 1963. Failure of any party to appear at and participate in the hearing shall be construed as waiver of and concurrence in omission herein of the intermediate decision procedure in cases where a request therefor is made.

J oseph H. Gutride, Secretary.

[FJt. Doc. 63-376; Filed, Jan. 14, 1963;8:45 a.m.]

FEDERAL RESERVE SYSTEMBRENTON COMPANIES, INC.

Notice of Application for Approval Acquisition of Shares of Bank

Notice is hereby given that has been made to the Board of 00 nors of the Federal Reserve System pu*

FEDERAL REGISTER 387Tuesday, January 15, 1963

Lant to section 3(a)(2) of the B at* Holding Company Act of 1956 (12 U.S.C. 1842) by Brenton Companies, Inc., which is a bank holding company lo­cated in Des Moines, Iowa, for the prior approval of the Board of the acquisition by Applicant of 60 percent or more of the

I voting shares of First National Bank of Davenport, Davenport, Iowa, a proposed

I new bank.I In determining whether to approve [this application submitted pursuant to section 3(a)(2) of the Bank Holding Company Act, the Board is required by that Act to take into consideration the following factors: (1) The financial his-

ltory and condition of the company and I the bank concerned; (2) their prospects; 1(3) the character of their management;(4) the convenience, needs, and welfare

[of the communities and the area con- Icemed; and (5) whether or not the effect of such acquisition would be to

[expand the size or extent of the bank holding company system involved be-

Jyond limits consistent with adequate and sound banking, the public interest, and the preservation of competition in

I the field of banking.Not later than thirty (30) days after

the publication of this notice in the [Federal R egister, comments and views ¡regarding the proposed acquisition may {be filed with the Board. Communica- I tions should be addressed to the Secre-' tary, Board of Governors of the Federal

[Reserve System, Washington 25, D.C.Dated at Washington, D.C., this 4th

day of January 1963.By order of the Board of Governors.[seal] Merritt Sherman,

Secretary.[FA. Doc. 63-377; Piled, Jan. 14, 1963;

8:45 a.m.]

OFFICE OF EMERGENCY PLANNING

ORGANIZATIONAL STATEMENT AND DELEGATIONS OF AUTHORITY

Section l. Purpose. In accordance with section 3 of the Administrative Pro­cedure Act (5 U.S.C. sec. 1002), the fol-

! lowing are descriptions of the central I office and field organizations of the Office l or Emergency Planning, including dele-

°* Anal authority and the estab- I j r ec\ p*aces at which, and methods I J eby' tiie public may secure infor­mation or make submittals or requests.

L f i ; 2 -Office of the Director, a. The arifi+u 1S osskted by a Deputy Director

I ta ■ttu’ee assistants each of whom will I arc n°^n ^ Assistant Director of the I h of Emergency Planning.

Deputy director assists the I dirent m „ he overall supervision andI Planning ° ir thi: ° fflce of Emergency

sha11. ac 85 Director and I casp duties of the Director inabspnla Va ancy .in that office or in the

I c Th0°rv Usability of the Director.Ithp Ac ? Deputy Director, together withrecta51St n t .Directors> serve 815 the Di- I Principal advisors on policy de-

No. 10------ 4

cisions and are called upon to represent the Director in dealings with policy level officials of other Federal depart­ments and agencies and with nongovern­mental groups. In addition, the Assist­ant Directors are assigned special re­sponsibilities. One of the Assistant Directors also serves as Director of Tele­communications Management and is re­sponsible for the implementation of Executive Order Number 10995 dated February 17,1962.

Sec. 3. General Counsel. There is established an Office of General Coun­sel headed by the General Counsel. The Office: (1) Renders legal advice with re­spect to the power, duties, and responsi­bilities and authorities of the OEP, the scope of its jurisdiction, and its relation­ship to other governmental departments and agencies.; (2) provides legal advice and counsel to OEP officials in the formulation of emergency planning poli­cies, plans, and programs, and on all matters related to the proper perform­ance of their official duties.

S ec. 4. Administration. There is es­tablished an Office of Administration headed by a Director. The Office is re­sponsible for the development and im­plementation of administrative policy and for the coordination of activities and systems concerning: (1) Budgeting and accounting for all OEP funds and negotiating with other agencies on their emergency planning budgets, (2) inter­nal audit of financial transactions and business systems, (3) organization, func­tional assignments, staffing, office man­agement and management engineering,(4) personnel management and executive development, (5) administrative services, and (6) activities related to the person­nel and physical security of the agency. The Director of Administration will serve as Contracting Officer for OEP and Cer­tifying Officer for all material published in the F ederal R egister and other publications.

S ec. 5. Liaison and Public Affairs Office. There is established a Liaison and Public Affairs Office headed by a Di­rector. The Office is responsible for planning and conducting a program for providing news information and educa­tional material concerning civil emer­gency preparedness policies, plans and programs being developed with respect to various conditions of national emer­gency. In cooperation with the Depart­ment of State, maintains liaison with and provides technical assistance to in­ternational organizations and friendly foreign governments on civil emergency preparedness matters. The Office is comprised of the following Divisions, each headed by a Chief: Federal, State and International Relations, National Organizations, and Information and Press Relations.

Sec. 6. Health Advisor. There is es­tablished a Health Advisor who advises the Director and is responsible for OEP activities relating to national health or­ganizations and the health community within the Federal and State Govern­ments.

Sec.. 7. Policy Development Office. There is established a Policy Develop-

ment Office headed by a Director. The Office is responsible for assisting the Di­rector in advising the President with respect to national security policy. This Office develops broad policy statements and planning assumptions, such as the relative value of and priorities to be placed on offensive and defensive sys­tems, for the guidance of the program planning staff. I t determines the frame of reference for solving individual or groups of problems by the program plan­ning staffs. I t establishes OEP planning priorities and sets central goals and priorities for the development of pro­grams by agencies of Federal, State and local governments.

S ec. 8. Civil Affairs Office. There is established a Civil Affairs Office headed by a Director. The Office is responsible for developing operational policies and concepts to provide for the establishment of a readinèss capability in Federal, State, and local governments which will enable these governments to survive and function during international tension, limited war, nuclear war and postattack situations. The Office is comprised of the following Divisions, each headed by a Chief : Preparedness Assignments, Emergency and Recovery Measures, and Technical Analysis.

Sec. 9. Economic Affairs Office. There is established an Economic Affairs Office headed by a Director. The Office is re­sponsible for: (1) Developing operational policies and concepts as the basis for the development of programs to assure the security of the U.S. through economic means and to assure th a t the economic activities of other Federal agencies con­tribute to the accomplishment of na­tional security goals; (2) developing measures for strengthening U.S. re­sources and for the use and management of its resources to meet the requirements of any national emergency; (3) carry­ing out OEP’s responsibilities pertain­ing to the Defense Production Act, the Strategic and Critical Materials Stock­piling Act, the Agricultural Trade De­velopment and Assistance Act, and the Trade Expansion Act of 1962. The Of­fice is comprised of the following Di­visions, each headed by a Chief: Eco­nomic Development, Resources Analysis, Resources Management.

S ec. 10. Research and Development Office, a. There is established a Re­search and Development Office headed by a Director. The Office is responsible for monitoring on-going research appli­cable to national security efforts. I t de­velops research .contracts designed to supplement or redirect on-going or pro­jected research into channels orientated to national security requirements. I t sum m arizes the results of research com­pleted or in process which has a bearing on policy development, program plan­ning by OEP, or program development by Federal and State agencies of the government. This Office directs the ac­tivities of the National Resource Evalu­ation Center.

b. National Resource Evaluation Cen­ter. The National Resource Evaluation Center will: (1) Provide informational and analytical basis for use in the formu-

388 NOTICESlation of nonmilitary defense policy, development of operational concepts for emergency preparedness, conduct of tests and the management of emergency preparedness programs; (2) develop and maintain a capability to provide government agencies having emergency responsibilities with national damage assessment summaries, resource evalua­tions and other estimates needed for emergency planning and operations. The National Resource Evaluation Cen­ter is comprised of the following Divi­sions, each headed by a Chief : Analysis, Readiness Development, Resource Sta­tus, and the Mathematics and Computa­tion Laboratory.

S ec. 11. Government Readiness Office. There is established a Government Readiness Office headed by a Director. The Office develops plans, conducts pro­grams, and coordinates preparations de­signed to: (a) Reduce the vulnerability of government at all levels; (b) provide a readiness capability in government at all levels to cope with any emergency; and (c) provide for the reconstitution of our representative form of government in the event of its destruction by enemy action. The Office administers the Fed­eral Natural Disaster Program and ex­ercises the President’s authority under sections 3, 5(a), and 7 of the Federal Disaster Act (42 U.S.C. 1855 (b), (d), and (f)). The Office is comprised of the following Divisions, each headed by a Chief : Government Continuity, Emer­gency Agencies, and Natural Disaster.

S ec. 12. Industry and Finance Office. There is established an Industry and Fi­nance Office headed by a Director. The Office is responsible for program devel­opment and execution within the oper­ational concepts provided by the plan­ning staffs in the areas of economic stabilization, transportation, energy and water resources, and production and dis­tribution. The Office provides leader­ship, coordination, guidance, and moti­vation over the emergency preparedness ¡programs assigned by the President to Federal agencies. The Office is com­prised of the following Divisions, each headed by a Chief : Economic Stabiliza­tion, Energy and Water Resources, Pro­duction and Distribution, and Transpor­tation.

S ec. 13. Manpower and Services Office. There is established a Manpower and Services Office headed by a Director. The Office is responsible for program development and execution within the operational concepts provided by the planning staffs in the areas of man­power, food, health, welfare, and civil defense. The Office provides leadership, coordination, guidance, and motivation over the emergency preparedness pro­grams assigned by the President to Fed­eral agencies. The Office is comprised of the following Divisions, each headed by a Chief: Manpower, and Survival Services.

S ec. 14. Telecommunications Office. There is established a Telecommunica­tions Office headed by a Director. This Office advises and assists the Director of Telecommunications Management in

carrying out his responsibilities under Executive Orders 10995 and 10705. In this capacity: (1> Coordinate telecom­munication activities of the Executive Branch and develop policies and stand­ards therefor; encourage necessary re­search and development in the field of telecommunications; (2) develop data with regard to United States Govern­ment frequency requirements; and assign radio frequencies to Federal de­partments and agencies, amending or revoking such assignments as necessary;(3) advise and assist the Department of State in the discharge of its functions in the field of international telecommu­nication policies, positions and negoti­ations; (4) coordinate the development of plans and programs for the mobiliza­tion and use of telecommunication re­sources in an emergency. This Office is comprised of the following Divisions, each headed by a Chief: Radio Spec­trum, and Plans and Projects.

S ec. 15. Program Évaluation Office. There is established a Program Evalua­tion Office headed by a Director. The Office is responsible for advising and as­sisting the Director of OEP in keeping the President and Congress informed re­garding the Nation’s state of readiness from a civilian point of view. The Office provides the basis for informing Federal and State government executives of progress and deficiencies in the develop­ment of assigned programs.

S ec. 16. Regional Offices. There is established field offices in eight OEP Regions, each headed by a Regional Di­rector reporting to the Office of the Director. The Regional Offices are re­sponsible for the coordination of the emergency preparedness activities of Federal agency representatives in the field and for the development of pre­paredness programs by the States and their political subdivisions.

S ec. 17. Addresses of OEP Offices. There follows a guide to the location of OEP offices. Information may be ob­tained by personal contact or corres­pondence concerning activities and pro­grams of the Office of Emergency Plan­ning with National Headquarters, Wash­ington, D.C., or with the Regional Office serving the area involved.

a. National Headquarters, Executive Office Building, Washington 25, D.C.

b. (1) OEP Regional Office 1, Oak Hill Road, Harvard, Massachusetts.

(2) Serves Connecticut, Maine, Massachu­setts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, Commonwealth of Puerto Rico, Virgin Islands.

c. (1) OEP Regional Office 2, Olney, Maryland.

(2) Serves Delaware, District of Columbia, Kentucky, Maryland, Ohio, Pennsylvania, Virginia, West Virginia.

d. (1) OEP Regional Office 3, -P.O. Box 108, Thomasville, Georgia.

(2)-Serves Alabama, Florida, Georgia, Mis­sissippi, North Carolina, Tennessee, Canal Zone, South Carolina.

e. (1) OEP Regional Office 4, Battle Creek Federal Center, Battle Creek, Michigan.

(2) Serves Illinois, Indiana, Michigan, Minnesota, Wisconsin.

f. (1) OEP Regional Office 5, P.O. Box 2935, University Hill Station, Denton, Téxas.

(2) Serves Arkansas, Louisiana, New Mexico, Oklahoma, Texas.

g. (1) OEP Regional Office 6, Denver Fed­eral Center, Bldg. 50, Denver, Colorado.

(2) Serves Colorado, Iowa, Kansas, Mis­souri, Nebraska, North Dakota, South Dakota, Wyoming.

h. (1) OEP Regional Office 7, Naval Auxil­iary Air Station, Santa Rosa, California.

(2 ) Serves Arizona, California, Hawaii, Nevada, Utah, American Samoa, Guam.

i. (1) OEP Regional Office 8, Everett, Washington.

(2) Serves Alaska, Idaho, M ontana , Ore­gon, Washington.

S ec. 18. Delegations of Authority, a. The Director of Administration is au­thorized to exercise the power and au­thority vested in the Director by law to take final action in the following de­scribed matters:

(1) Allotment to organizational units of the OEP of appropriations or funds made available to it within the amounts permitted by the apportionments made by the Bureau of the Budget pursuant to section 665 of title 31 of the United States Code.

(2) To take final action on matters pertaining to the employment, direction, and general administration of personnel in the OEP pursuant to section 12, Pub­lic Law 600,79th Congress.

(3) Temporary employment of experts or consultants or organizations thereof, including stenographic reporting serv­ices, pursuant to section 15 of the Act of August 2, 1946, 60 Stat. 810 (5 U.S.C. 55a).

(4) Issuance of regulations providing for the granting of compensatory time off from duty in lieu of overtime com- pensation (5 U.S.C. 912L

(5) Approval of per diem allowances for travel by airplane, train or boat out­side the continental United States in ex­cess of the amounts fixed by paragraph 6.2c of the Standardized Government Travel Regulations.

(6) Allowance of actual subsistence expenses in excess of $16 but not to ex­ceed $30 per day in accordance with Public Law 87-139, August 14, 1961.

(7) Establishing standards and pro­cedures to facilitate achievement of the objectives of the promotion policy of the OEP as defined by the Director.

(8) Signing of certificates of need :°r space as required by section 101 of the Act of July 22, 1954, 68 Stat. 518 (40U.S.C. 356). .

(9) Making certificates with respect to the necessity of long-distance tele­phone calls pursuant to section 4 of tn Act of May 10, 1939, 53 Stat. 738 W

I.C. 680a). „ . _j10) To exercise the authority vestea ;he Director by section 10 of the go ' ment Employees Training Actt. 332, 5 U.S.C. 2309) with respect w selection and assignment of emp y for training by, in, or through eminent facilities under that act payment of the expenses of

ining or the reimbursement or em pees therefor. .11) To take the necessary steps , ry out procedures for designating, rized certifying officers,. mme j ¡, and imprest fund cashiers by. title of position and approve sting authorizations to requ .j »ttom and .to approve b o m b , .

FEDERAL REGISTER 389Tuesday, January 15, 1963

nated by the Director or the Director of Administration.

(12) To record, post audit, and correct any transaction or agreement of the OEP involving the receipt, transfer, or payment of funds.

(13) To exercise the authority vested in the Director by law with respect to all procurement matters including procure­ment of materials, equipment, supplies, and services in connection with the printing, binding, or reproduction re­quirements of the OEP.

(14) The Director of Administration is authorized to issue such procedural in­structions as may be necessary to carry out any of the administrative functions delegated to him under existing statutes and authorities. The Director of Ad­ministration is authorized to redelegate to any of his subordinates or to any other officers or employees of the OEP, subject to limitations prescribed by law, any of the power or authority vested in him by this subsection. Existing redelegations by the Director of Administration shall continue in force and effect until modi­fied or revoked.

b. Pursuant to the authority vested in me by General Services Administration Delegation of Authority No. 410 from the Administrator, General Services Ad­ministration, dated March 26, 1962, the following is prescribed:

(1) The Director of Administration [ (Contracting Officer for the Office of

Emergency Planning) is hereby dele­gated the authority to utilize the pro-

| visions of title m of the Federal Prop­erty and Administrative Services Act of 1949 (63 Stat. 377), as amended (herein called the Act), to procure property and services which are required in connection with authorized activities of the Office of Emergency Planning, except the power to make the determinations or decisions specified in paragraphs (12) and (13) of section 302(c) of the Act.

(2) The authority herein delegated under section 302(0 (11) may be ex­ercised only with respect to contracts which will not require expenditures of more than $25,000.

(3) This delegation of authority shall be subject to all limitations and require­ments of the Act, particularly sections . , 305, and 307, and shall be exercised m accordance with policies, procedures, limitations and controls prescribed by

M?enerat Services Administration.(4) The authority herein delegated

“my be redelegated by the Director ofcuninistration to any other employee of

Exi!?ting redelegations by t t nnr 0 0* °* Administration shall con-nrvf u force and effect until modified or revoked.Bp'.^^^.is hereby delegated to the p] an^a directors, Office of Emergency

i bv be exercised and performedreeinnf1 regard to their respectiv«funotin tollowing authority anc¿Jgons amtoincd in the Act of Sep- a S i 30n 1950’ entitled, “An Act t< and S o ,Pederal assistance to State!

£>vemmente In major dis- U09 « other Purposes” (64 StatC A IE*S-C* }855-1855g), as amende< «eremafter referred to as “the Act”)

and transferred to the Director, Office of Emergency Planning by Executive Order 10427 of January 16,1953 (18 F.R. 407), as amended, and Executive Order 10737 of October 29, 1957 (22 F.R. 8799), as amended: The authority and func­tions transferred by paragraphs (a) and (b) of section 1 and sections 2, 3, 4, and 6 of Executive Order 10427, and by subparagraph 2(e)(1) of Executive Order 10737.

( 1 ) Each Regional Director shall exer­cise and perform his authority and func­tions in accordance with the Act;, with regulations entitled “Federal Disaster Assistance,” Part 1710, Title 32 (23 F.R. 3636), as now or hereafter amended; and with such additional rules, regulations, procedures, and instructions as the Di­rector may issue. To the extent con­sistent with the Act, regulations, rules, procedures, and instructions, the Re­gional Director shall give maximum con­sideration to the existing disaster relief responsibilities, authorities, practices, customs, and arrangements of the other Federal agencies, States, local govern­ments, and the American National Red Cross.

(2) The authority and functions here­in delegated may not be redelegated but shall be exercised and performed by each Regional Director; or, in his absence, disability, or death, by the person desig­nated to carry out the responsibilities of the Regional Director.

d. The following delegation of certi­fying authority for counties or parishes in areas determined by the President to be major disaster areas under Public Law 875, when operating under Public Law 115, and for other purposes, has been made to the Secretary of Agricul­ture or his designee (18 F.R. 4609; as amended, at 19 F.R. 2148, 19 F.R. 5364, and 20 F.R. 4464) :

(1) Pursuant to the authority vested in me by Public Law 875, 81st Congress, 2d Session, as amended, and section 5 of Executive Order 10427 dated January 16, 1953, there is hereby delegated to the Secretary of Agriculture, with his con­sent, the authority of prescribing, delin­eating and certifying counties, parishes or other political subdivisions or portions thereof contained in such major dis­aster areas as determined by the Presi­dent under Public Law 875, 81st Con­gress, 2d Session; for the purpose of performing the functions prescribed in sections (b) and (d) of Public Law 115, 83d Congress, 1st Session (63 Stat. 43), and for the purpose of rendering assist­ance pursuant to the allocation of funds of October 7,1953, or pursuant to section 301 of Public Law 480, 83d Congress, 2d Session, or for the purpose of rendering assistance pursuant to the allocation of funds of April 7,1955.

(2) The authority herein delegated may be redelegated to any officer or em­ployee of the Department of Agriculture.

(3) This delegation of authority be­came effective July 31, 1953.

S ec. 19. Revocation. The Office of Civil and Defense Mobilization Organi­zational Statement and Delegations of Authority published in the F ederal

R egister for January 13, 1961, is re­voked.

Dated: January 8, 1963.E dward D. McD ermott,

Director,Office of Emergency Planning.

fP.R. Doc. 63-373; Piled, Jan. 14, 1963; 8:45 a.m.]

DEPARTMENT OF LABORWage and Hour Division

CERTIFICATES A UTH O RIZIN G EM­PLOYMENT OF FULL-TIME STU­DENTS WORKING OUTSIDE OFSCHOOL HOURS IN RETAIL ORSERVICE ESTABLISHMENTS AT SPE­CIAL MINIMUM WAGES

Notice is hereby given that pursuant to section 14 of the Fair Labor Standards Act of 1938 (52 Stat. 1060, as amended, 29 U.S.C. 201 et seq.), the regulations on employment of full-time students (29 CFR Part 519), and Administrative Order No. 561 (27 F.R. 4001), the estab­lishments listed in this notice have been issued special certificates authorizing the employment of full-time students work­ing outside of school hours at hourly wage rates lower than the minimum wage rates otherwise applicable under section 6 of the Act. The effective and expiration dates, type of establishment and total number of employees of the establishment are as indicated below. Pursuant to § 519.6(b) of the regula­tion, the minimum certificate rates are not less than 85 percent of the minimum applicable under section 6 of the Fair Labor Standards Act.

The following certificates were issued pursuant to §§ 519.6(c) and 519.6(g) of 29 CFR providing for an allowance not to exceed the proportion of the total number of hours worked by full-time students at rates below $1.00 an hour to the total number of hours worked by all employees in the establishment during the base period, or 10 percent, which­ever is lesser, in occupations of the same general classes in which the establish­ment employed full-time students at wages below $1.00 an hour in the base period.

Region IAdams Drug Co. of North Main Street, Inc.,

1200 North Main Street, Providence, R.I.; effective 12-4-62 to 11-30-63 (drug store; 10 employees).

Adams Drug Co. of Wakefield, Inc., 574 Main Street, Wakefield, R.I.; effective 12-4-62 to 11-30-63 (drugstore; nine employees).

Sterling Drug Stores of New England, Inc., 365 Essex Street, Lawrence, Mass.; effective 12-4-62 to 11-30-63 (drug store; 21 em­ployees) .

Region IIW. T. Grant Co., No. 361, 8 North Laurel

Street, Bridgeton, N.J.; effective 12-3-62 to 12-2-63 (department store; 15 employees).

Region IVW. T. Grant Co., No. 870, 1451 North Mis­

souri Avenue, Largo, Fla.; effective 12-5-62 to 12-4-63 (department store; 38 employees).

390 NOTICESRegion VII

Thriftway Super Market, Highway 50 and Nichols Road, Lee’s Summit, Mo.; effective 8-2-62 to 8-1-63 (food store; 21 employees).

Region VIIIMcCrory-McLellan-Green Store, 301 Alamo

Plaza, San Antonio, Tex.; effective 12-4-62 to 12-3-63 (variety store; 87 employees).

WSL, Inc. d /b /a Sav-Way Pood Market, 701 East Davis Street, Conroe, Tex.; effective 12-18-62 to 12-17-63 (food store; 38 em­ployees) .

Region XW. T. Grant Co., 129 Eastland Shopping

Center, Lexington, Ky.; effective 12-11-62 to 12-10-63 (department store; 45 employees).

North CarolinaRose’s Stores, Inc., Broad Street, Edenton,

N.C.; effective 12-28-62 to 12-27-63 (variety store; 25 employees).

The following certificates were issued to establishments coming into existence after May 1, 1960, under paragraphs(c), (d), (g), and (h) of §519.6 of 29 CFR Part 519. The certificates permit the employment of full-time students at rates below $1.00 an hour in the classes of occupations listed, and provide for limitations on the percentage of full­time student hours of employment at rates below $1.00 an hour to total hours of employment of all employees. The percentage limitations vary from month to month between the minimum and maximum figures indicated.

W. T. Grant Co., #561, 1845 Alexandria Drive, Lexington, Ky.; effective 12-24-62 to 12-23-63; sales clerk; between 2.0 percent and 10 percent (department store; 30 em­ployees) .

S. S. Kresge Co., #72, 68 Town and Country Mall, Overland 24, Mo.; effective 7-31-62 to 7—30—63; sales clerk; 10 percent for each month (variety store; 43 employees).

McCrory Store, #372, 940 North Market Street, Troy, Ohio; effective 12-12-62 to 12-11- 63; selling, stockkeeping, office clerical; 10 percent for each month (variety store; 60 employees).

G. C. Murphy Co„ #297, 301-C Agricola Shopping Center, Gadsden, Ala.; effective12- 15-62 to 12-14-63; sales clerk, stock clerk, office clerk, janitor; between 9.0 percent and 10 percent (variety store; new store).

G. C. Murphy Co., #282, 1265 Shreve City, Shreveport, La.; effective 12-15-62 to 12-14r- 63; stock clerk, office clerk, janitor, sales clerk; 10 percent for each month (variety store; 40 employees).

G. C. Murphy Co., #295, 45 Eastgate Center, Chattanooga 11, Tenn.; effective 12-15-62 to 12-14-63; sales clerk, stock clerk, office clerk, janitor; between 4.7 percent and 10 percent (variety store; 129 employees).

G. C. Murphy Co., #288, 202 Walnut Street, Abilene, Tex.; effective 12-15-62 to 12-14-63; sales clerk, stock clerk, office clerk, janitor; 10 percent for each month (variety store; 59 employees).

G. C. Murphy Co., #219, 430 Seminary South, Port Worth 15, Tex.; effective 12-15- 62 to 12-14-63; sales clerk, stock clerk, office clerk, janitor; 10 percent for each month (variety store; 41 employees).

G. C. Murphy Co., #286, 13th and Avenue ”J”, Lubbock, Tex.; effective 12-15-62 to 12- 14-63; sales clerk, office clerk, stock clerk, janitor; 10 percent for each month (variety store; 41 employees).

G. C. Murphy Co., #294, 619 North Grant Avenue, Odessa, Tex.; effective 12-15-62 to 12-14-63; sales clerk, office clerk, stock clerk, Janitor; 10 percent for each month (variety store; 42 employees).

i Terry Farris, #5430, Valley Hi Shopping Center, Lackland City Drive, San Antonio 27, Tex.; effective 12-15-62 to 12-14-63; sales clerk, stock clerk, office clerk, janitor; 10% for each month (variety store; eight em­ployees) .

Neisner Brothers Inc., #188, 245 West Brandon Boulevard, Brandon, Fla.; effective 5—1—63 to 6-30-63; selling stock; 10 percent and 8.0 percent (variety store; 25 employees).

Peebles Department Store, Inc., Nylon Shopping Center, Seaford, Del.; effective 12- 27-62 to 12-26-63; sales clerks, office workers, stock clerks; between 3.5 percent and 10 per­cent (department store; 20 employees).

Pruett’s Pood Town East Ridge, Inc., 5738 Ringgold Road, Chattanooga, Tenn.; effec­tive 12-10-62 to 12-9-63; sack boys; 10 per­cent for each month (food store; 44 em­ployees) .

The following certificates were issued to establishments under paragraph (k) of § 519.6 of 29 CFR, Part 519. These certificates supplement certificates issued pursuant to other paragraphs of that section, but do not authorize the employ­ment of full-time students at rates below $1.00 an hour in additional occupations. The certificates contain limitations on the percentage of full-time student hours of employment at rates below $1.00 an hour to total hours of employ­ment of all employees. The additional allowances apply to the specified months and vary from month to month between the minimum and maximum figures indicated.

G. C. Murphy Co., #282, 1265 Shreve City, Shreveport, La.; effective 12-25-62 to 9-30-63; between 1.0 percent and 4.3 percent for the months of December, June, July, August, and September (variety store; 40 employees).

G. C. Murphy Co., #288, 202 Walnut Street, Abilene, Tex.; effective 12-15-62 to 12-31-62; 8.3 percent for the month of December (va­riety store; 59 employees).

G. C. Murphy Co., #219, 430 Seminary South, Port Worth 15, Tex.; effective 12-15- 62 to 12-31—62; 8.3 percent for the month of December (variety store; 127 employees).

G. C. Murphy Co., #286, 13th and Ave­nue “J”, Lubbock, Tex.; effective 12-15-62 to 12-31-62; 8.3 percent for the month of De­cember (variety store; 41 employees).

G. C. Murphy Co., #294, 619 North Grant Avenue, Odessa, Tex.; effective 12-15-62 to 12-31-62; 8.3 percent for the month of De­cember (variety store; 42 employees).

J. J. Newberry Co., 513 Main Street, Zanes­ville, Ohio; effective 12-18-62 to 7-36-63; between 1.0 percent and 18.5 percent for the months of December through August (variety store; 10 employees).

J. J. Newberry Co., 2028 Main Street, North­ampton, Pa.; effective 12-14r-62 to 12-31-62; 2.0 percent for the month of December (va­riety store; 48 employees).

J. J. Newberry Co., #169, 910-916 Carolina Street, Fredericksburg, Va.; effective 12-14- 62 to 12-31-62; 9.9 percent for the month of December (variety store; 34 employees).

J. J. Newberry Co., Main Street, South Boston, Va.; effective 12-14 -62 to 8-27-63; between 1.0 percent and 9.5 percent for the months of December, May, July, and August (variety store; 21 employees}.

J. J. Newberry Co., 404 West Main Street, Waynesboro, Va.; effective 12-17-62 to 12- 31-62; 2.9 percent for the month of December (variety store; 79 employees).

J. J. Newberry Co., Charleston, W. Va.; effective 12-14-62 to 9-24-63; between 1.0 percent and 8.0 percent for the months of December, March, and June through Sep­tember (variety store; 28 employees).

J. J. Newberry Co., 142 North Queen Street, Martinsburg, W. Va.; effective 12-14-62 to

12-31-62; 3.9 percent for the month of De­cember (variety store; 11 employees).

Newberry East Brunswick Corp., "112 72 West Prospect Street, East Brunswick, NJ • effective 12-18-62 to 12-31-62; 14.1 percent for the month of December (variety stow 129 employees).

Newberry Dover Corp., 15 West Blackwell Street, Dover, N.J.; effective 12-18-62 to 9- 24-63; between 4.3 percent and 5.0 percent for the months of December and July through August (variety store; 105 employees).

Newberry Keystone Inc., 243-45 High Street, Pottstown, Pa.; effective 12-14-62 to 9-24-63; between 2.0 percent and 9.3 percent for the months of December and June through September (variety store; 23 em­ployees) .

Newberry Monmouth Inc., 366 George Street, New Brunswick, NJ.; effective 12-18- 62 to 12-31-62; 10 percent for the month of December (variety store; 76 employees).

Newberry Northumberland Inc., 5-11 South Front Street, Milton, Pa.; effective 12-15-62 to 9-24-63; between 2.1 percent and 8.0 per­cent for the months of December and May through September (variety store; 34 em­ployees) .

Newberry Penn-Empire Inc., 11 Main Street, Bradford, Pa.; effective 12-14-62 to 12-31-62; 1.5 percent for the month of De­cember (variety store; 13 employees).

Newberry Penn-Jersey Inc. (J. J. Newberry Co.), 3306 Pacific Avenue, Wildwood, NJ.; effective 6-26-63 to 8-27-63; 8.6 percent and 6.9 percent for the months of June and August (variety store; 11 employees).

Newberry Susquehanna Inc., 110 East State Street, Kennett Square, Pa.; effective 12- 14-62 to 12-31-63; 10.2 percent for the month of December (variety store; 36 employees).

Newberry Susquehanna Inc., 416-422 Mar­ket Street, Sunbury, Pa.; effective 6-26-63 to 7-30-63; 7.5 percent for the month of July (variety store; 35 employees).

Newberry Tri-State Inc., 130 Main Street, Hackettstown, N.J.; effective 3-26-63 to 9- 24-63; between 4.0 percent and 5.0 percent for the months of March and July through September (variety store; 46 employees).

Peebles Department Store, Inc., 429 Mathis Street, Manassas, Va.; effective 12-13-62 to 9-30—63, 5.0 percent for the months of De­cember through September (department store; 30 employees).

Terry Parris, #5430, Valley Hi Shopping Center, Lackland City Drive, San Antonio, Tex.; effective 12-15-62 to 12-31-62; 8.3 per­cent for the month of December (variety store; eight employees).

Each certificate has been issued upon the representations of the employer which, among other things, were that employment of full-time students at special minimum rates is necessary to prevent curtailment of opportunities for employment, and the hiring of full-time students at special minimum rates will not tend to displace full-time employees. The certificates may be annulled or with­drawn, as indicated therein, in the man­ner provided in Part 528 of Title 29 of tne Code of Federal Regulations. Any per­son aggrieved by the issuance of any 0 these certificates may seek a review reconsideration thereof within A116, days after publication of this notice the F ederal R egister pursuant to w provisions of 29 CFR 519.9.

Signed at Washington, D.C., this 7® day of January 1963.

R obert G. G ronewald, Authorized Representative

of the Administrator.(FB . Doc. 63-379; Piled, Jan. 14, 19

8:45 a.m.j

Tuesday, January 15, 1963 FEDERAI REGISTER 391

INTERSTATE COMMERCE COMMISSION

v Grounds for relief: Carrier competi­tion.

Tariff: Supplement 7 to Southwestern Freight Bureau tariff I.C.C. 4496.

FOURTH SECTION APPLICATIONS FOR RELIEF

J anuary 10, 1963.Protests to the granting of an applica­

tion must be prepared in accordance with Rule 40 of the general rules of prac­tice (49 CFR 1.40) and filed within 15 days from the date of publication of this notice in the F ederal R egister.

Long-and-S hort H aul

PSA No. 38106: Insulating material from and to southwestern territory. Piled by Southwestern Freight Bureau, Agent (No. B-8323), for interested rail carriers. Rates on insulating material, in carloads, as described in the applica­tion, between points in southwestern ter­ritory, including Memphis, Tenn., also Natchez and Vicksburg, Miss., and be­tween points in southwestern territory, on the one hand, and points in western trunk-line and Illinois territories, on the other.

Grounds for relief: Contract motor carrier competition.

Tariffs: Supplements 1 to Southwest­ern Freight Bureau tariffs I.C.C. 4504 and 4506.

PSA No. 38107: Salt between points in southwestern territory. Filed by South­western Freight Bureau, Agent (No. B- 8324), for interested rail carriers. Rates on salt, common (sodium chloride), evaporated or rock, plain, or iodized, phosphated, or calcium phosphated, with or without (not exceeding 15 percent) ingredients other than salt, in carloads, between points in southwestern territory, also Natchez and Vicksburg, Miss., and Memphis, Tenn.; between points in southwestern territory, on the one hand, and points in western trunk-line terri­tory, also Cairo, East St. Louis, Flinton, and Thebes, 111., Kansas City, Mo-Kan., and St. Louis, Mo., on the other; and irom points in Kansas to points in south­western territory.t^ u n d s for relief: Market competi-

Tariffs: Supplements 1 to Southwest- £ Freight Bureau tariffs I.C.C. 4504 and 4506.

PSA No. 38108: Petroleum products to iw vi0« Wyo' Piled by Southwestern inflgn Bureau Agent (No. B-8320), for interested rail carriers. Rates on pe-

produ?ts> in packages, in car- 1 rit/mr i l n southwestern ter- S X a¿S0 Kansas and Missouri, Batonto iw ? eserve’ and New Orleans, La., i w Evanston, Wyo.

LGrounds for relief: Market competi-

em S L u ^ plement 190 to Southwest- I p f t hLBUreau tariff I.C.C. 4066. i« m-ftNQ. 38109: Coarse grains to pointsy iu in s lu p ism isBurpan a ^ ^d by Southwestern Freight ested roiiSen iN°- B-8325) , for inter- Srairns mrKCarriers‘ Nates on coarse carl dQ°no rfaUS’ .tnd grail L Products, in from qt’ described in the application,5 S t i r 8’ “ d PO^ts taking ^tes, to points ' Mlin Texas.

By the Commission[seal] H arold D . M cCo y ,

Secretary.[F it. Doc. 63-384; Filed, Jan. 14, 1963;

8:46 a.m.]

[Notice 737]MOTOR CARRIER TRANSFER

PROCEEDINGSJ anuary 10,1963.

Synopses of orders entered pursuant to section 212(b) of the Interstate Com­merce Act, and rules and regulations pre­scribed thereunder (49 CFR Part 179), appear below:

As provided in the Commission’s spe­cial rules of practice any interested per­son may file a petition seeking recon­sideration of the following numbered proceedings within 20 days from the date of publication of this notice. Pursuant to section 17(8) of the Interstate Com­merce Act, the filing of such a petition will postpone the effective date of the order in that proceeding pending its disposition. The matters relied upon by petitioners must be specified in their petitions with particularity.

No. MC-FC 65506. By order of Jan­uary 3, 1963, the Transfer Board ap­proved the transfer to Sol Schustrin, Harry Starr, Harvey Brody, and Arnold Shapiro, doing business as Roxy Gar­ment Delivery, Jersey City, N.J., of Cer­tificate No. MC 74134, issued January 16, 1952, to Sol Schustrin and Goldie Peggy Schustrin, doing business as Roxy Gar­ment Delivery, Jersey City, N.J., author­izing the transportation of: Ladies’ and children’s wearing apparel and piece goods, over regular routes, between New York, N.Y., and Clinton, and Long Branch, N.J. Herman B. J. Weckstein, 1060 Broad Street, Newark 2, N.J., a t­torney for applicants.

No. MC-FC 65512. By order of Jan­uary 3, 1963, the Transfer Board ap­proved the transfer to LeRoy Winters, Postville, Iowa, of Certificate No. MC 114724 and MC 114724 Sub-2, issued No­vember 9, 1960, and August 22, 1961, to Norman Kobriger, Postville, Iowa, au­thorizing the transportation of: Semi- processed cheese, from Frankville, Gun- der, Ludlow, and Volney, Iowa, to Fen- nimore, Wis.; damaged shipments of semiprocessed cheese and empty cheese containers, from Fennimore, Wis., to Frankville, Gunder, Ludlow, and Volney, Iowa; cheese, from Postville, Iowa, to Fennimore, Wis. William A. Landau, 1307 East Walnut Street, Des Moines 16, Iowa, representative for applicants.

No. MC-FC 65532. By order of Jan­uary 3, 1963, the Transfer Board ap­proved the transfer to D. E. Long, Inc., Albany, N.Y., of the operating rights in Certificate No. MC 477, issued May 18,1949, to Frank H. Long, Albany, N.Y., authorizing the transportation, over a regular route, of general commodities, excluding household goods, commodi­

ties in bulk, and other specified com­modities, between Albany, N.Y., and Troy, N.Y., and over irregular routes, from Albany, N.Y., to points in New York, Vermont, Massachusetts, and Con­necticut, within 75 miles of Albany, and household goods, over irregular routes, between Albany, N.Y., and points in New York and Massachusetts within 25 miles of Albany, on the one hand, and, on the other, points in New York, Vermont, New Hampshire, Massachusetts, Rhode Island, Connecticut, New Jersey, Penn­sylvania, Maryland, Ohio, Virginia, and the District of Columbia. William D. Traub, 10 East 40th Street, New York 16, N.Y., representative for transferee, and George H. Shoudy, trust officer, The National Commercial Bank and Trust Company, of Albany, Albany 1, N.Y., rep­resentative for transferor.

No. MC-FC 65554. By order of Jan­uary 3, 1963, tiie Transfer Board ap­proved the transfer to Everett Rent- sehler, Rochester, Ind., of the operating rights in Certificates Nos. MC 76294 and MC 76294 Sub-6, issued November 20, 1962, and January 19, 1948, respectively, to John Moyer, Jr., S tar City, Ind., au­thorizing the transportation over irregu­lar routes, of livestock, agricultural commodities, feed, and fertilizer, be­tween points in that part of Indiana on and north of U.S. Highway 40, on the one hand; and, on the other, Chicago and Danville, 111., and Cleveland and Cincin­nati, Ohio, household goods and emigrant movables, between points in Pulaski and White Counties, Ind., on the one hand, and, on the other, points in Illinois, Ohio, and Michigan, fertilizer, from Louisville, Ky., to points in Indiana on and north of U.S. Highway 40, except Indianapolis, and Richmond, Ind., tomatoes, in bas­kets, crates, and hampers, from points in Indiana on and north of U.S. High­way 40 to Dundee, Mich., Bowling Green and Fremont, Ohio, and Pittsburgh, Pa.» from Dundee, Mich., to Chicago, 111.,' from points in described portions of Ohio, to Pittsburgh, Pa., pulpboard boxes and empty tin cans, from Austin, Ind., to Dundee, Mich., and Chicago, HI., pulp- board boxes, machinery, and empty tin cans, from Hoopeston and Maywood, 111., to Dundee, Mich., and canned goods, from Dundee, Mich., to Chicago, 111., and Indianapolis, Ind. William J. Guenther, 1212 Fletcher Trust Building, Indianap­olis 4, Ind., attorney for applicants.

[seal] H arold D. M cC o y ,Secretary.

[F.R. Doc. 63-385; Filed, Jan. 14, 1963;8:46 am .]

[Drouth Order No. 60, Arndt. 14]

MEDINA COUNTY, TEXASTransportation of Livestock Feed and

Hay at Reduced RatesIn the matter of relief under section

22 of the Interstate Commerce Act.Present: Donald P. McPherson, vice-

chairman, to whom the above-entitled m atter has been assigned for action thereon.

392

It appearing that due to the drouth conditions existing in the States of Penn­sylvania, New Jersey, and New York, the Commission issued its Drouth Order No. 60 under section 22 of the Interstate Commerce Act authorizing the railroads subject to the Commission’s jurisdic­tion to transport livestock feed and hay to the drouth area at reduced rates;

And it further appearing, that the United States Department of Agricul­ture has requested the Commission to enter an order authorizing the same au­thority to one additional county located in the State of Texas:

It is ordered, That Drouth Order No. 60, as amended, be, and it is hereby, fur­ther amended by adding thereto the fol­lowing county:

T exas, 1 county, viz: Medina.

I t is further ordered, That in all other respects Drouth Order No. 60, as amend­ed, shall remain in full force and effect.

And it is further ordered, That notice to the affected railroads and the general public shall be given by depositing a copy of this order in the Office of the Secre­tary of the Commission and by filing a copy with the Director, Office of the Fed­eral Register; and that copies be mailed to the Chairman of the Traffic Executive Association—Eastern Railroads, New York, New York, the Chairman of the Southern Freight Association, Atlanta,

NOTICESGeorgia, the Chairman of the Executive Committee, Western Traffic Association, Chicago, Illinois, the Traffic Vice-Presi­dent of the Association of American Rail­roads, Washington, D.C., and to the Pres­ident of the American Short Line Railroad Association, Washington, D.C.

Dated at Washington, D.C., this 8th day of January AD. 1963.

By the Commission, Vice-Chairman McPherson.

[seal] Harold D. McCoy,Secretary.

[F.R. Doc. 63-386; Filed, Jan. 14, 1963; 8:46 a.m.j

[Section 5a Application No. 2]

WESTERN RAILROAD TRAFFIC ASSOCIATION

Application for Approval of Amend­ments to Agreement

January 10,1963.The Commission is in receipt of an

application in the above-entitled and numbered proceeding for approval of amendments to the agreement therein approved under the provisions of sec­tion 5a of the Interstate Commerce Act.

Filed January 7, 1963, by: T. H. Ma­guire, Attomey-in-Fact, Room 5i4 Union Station, Chicago 6, 111.

Amendments involved: Change th Articles of Organization and Procedur so as to eliminate procedures which pro vide that publication of a change covj ered by an approved proposal shall b withheld for 30 days when an interJ ested shipper advises that a conferenc' is desired.

The application may be inspected „ the office of the Commission in Wash] ington, D.C.

Any interested person desiring I Commission to hold a hearing upon suc application shall request the Commis-j sion in writing so to do within 20 days from the date of this notice. As pro] vided by the general rules of practice of the Commission, persons other than applicants should fairly disclose theM interest, and the position they intend to take at the hearing with respect to the application. Otherwise the Com-I mission in its discretion may proceed to investigate and determine the matters! involved in such application without! further or formal hearing.

By the Commission, Division 2.[seal] H arold D. McCoy,

Secretary.

[FJR. Doc. 63-387; Filed, Jan. 14, 1963;] 8:46 am.]

Tuesday, January 15, 1963 FEDERAL REGISTER 393

CUMULATIVE CODIFICATION GUIDE— JANUARYThe following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during January.

3 CFR pageProclamations:

Aug. 24, 1934--------------------------- 107Apr. 1, 1 9 3 5 -,--------------------------- 107Dec. 2, 1935________ - ____ — 107Dec. 28, 1935_________________ 107May 16, 1936__________________ 107Apr. 10, 1937--------------------------- 107Nov. 25, 1938__________________ 107Dec. 6, 1939___________________ 107Dec. 19, 1939______ _________ 107Dec. 22, 1939_________________ 107Dec. 29, 1941__________________ 1072761A______________________ ' - 1072782__________________________ 1072867______________!____________ 1072888__________________________ 1072929__________________________ 1072949__________________________ 1073007__________________________ 1073105__________________________ 1073140__________________________ 1073191 _ ... 1073387___________ _______________ 1073394 ......................... . 1073468__________________________ 1073479 107

7 C F R — C o n t i n u e d Page910 ______________ _ 118 ,151 , 345, 3669 1 1 _______ ______ _________ 346912 __________________________ 2 3 ,1 5 2 , 346944______________ __________ 2 4 ,1 5 2 , 347946_________________________________ 24947_________________________________ 60948 _____________________________118959_______________________________ 60-61982_________________________________ 153990_________________________________ 611001________________________________ 621003________________________________ 621006________________________________ 621007 _________ _________________ 621008 ___________ _____________ 621009________________________________ 621011________________________________ 621013 ________ __________________ 621014 ________________________ _ 621015 ____________ ____________ 621016________________________________ 621 031-______________________________ 621033________________________________ 621036________________________________ 621038_______________ ._ ____________ 621040 62

3511 _ _ 493512._________ ________________ 1033513 107

Executive Orders:8647____ _____ ________________ 32010072- ... . „ 20310673----------------- ---- ----------------- 25910772-------------------------- ------------ 25910830--------------------------------------- 25910931--------------------------------------- 25911056-------------------------- ------------ 20311072 _ 311073 ---------------------- _ 203

1045 ______________________________ 621046 ___________________________ 621047___ __________________________ 621048____________________________ _ 621051________________________________ 621061________________________________ 621063 ______________________ __ 621064 _________ _ ___________ 621065 ___________________________ 621067 ___________________________ 621068 ___________________________ 621069 ___________________________ 621070 62

11074-------------------------- 259 1071 625 CFR

i CFR

1072 _______________________ _____ 621073 ___________________________ 621094 _______________________________ 621096________________________________ 621098 621103________________________________ 62

321-1327-— i 1 1 0 4 _______________________________ 62321----------- * 1105__________ _ ____ ___________ 62

------------ K 1106 ______________________________ 62331—337 “ — --------------------------5 ' * 1107________________________________ 62351------------- J ? 1120 _ _____ 62352------------ 2 * 1125— _ _____________________ 62354-.........__ H I 1126______________________________ 62

1127______________________________ 62j 38i -------------- obb 1128 ____________________________ 62501------------- - 51133__________ _ ________________ 62

; 503— 1135________________________________ 62

7 CFR58__

1136— ___________ ______________ 621 1 3 7 _________________________ 621138 6281___ 5» P roposed R u l e s :

950 39I 405— -------------------- 971___________ - ______________ 74I 519_ 1135 ..... 3711137 _ _ 3711728__ ¿ o i

8 CFR103 _____________________________ 209251_______________________________ 209342_______________________________ 209

9 CFR74_______________________________ 67, 303145_______________________________ 68

9 CFR— Continued p s146 _______ ________________ 68147 _____________ ________ — 68P roposed R ules:

201_________ _____________ 3910 CFRP roposed R ules:

30_____ 231115__ 322

12 CFR207__________________;________ 347510__________________________ 177P roposed R ules:

* 522__ 28213 CFR108—__________ 119120_______________ _______ ___ 210121— ____________ 153301__________________________ 177306— ___________ 11914 CFR13__ 30448______ __________—_______ — 30560__________ •______________ 305,30671 [New]______________ 153,178,21275 [New]____________________ 178223____________ 213297__________________________ 264507____________________ 154, 307, 366609 _______________________ :_ 265610 ___ 307P roposed R ules:

71 [New]___________ 184,350,351294______________________ 323

15 CFR40____ __________________________ 11950___ 11916 CFR13__ ______________ 70, 272, 273, 347,36766_________________________ - ____ 311

17 CFR1_____ 314211_____________________________ 276231_____________________________ 276241__________________________ _— 276270_____________________ 179

18 CFR4 ___-.______ ___________________ 3155 _____________________________ 31516______________ 31524_____________________________ - 315131__________________________— 316P roposed Rules:

11__________________________ 12835__________________________ 128

19 CFR1___________________________ - 719_______________________________ 15518________ 21324 ____________________________ 21325 ___________________________ — 213P roposed R ules:

1 _ ________________ 748 ___________________ 2809__________________________ _ 28010__________________________ 280

394 FEDERAL REGISTER20 CFR Page404—--------------------------- 21421 CFR8------------------------------------------ 71,317120 ----- 348121 ----------------------- 24, 25, 71, 72, 348130------------------------------- 179,183, 319146__----------------------------------- 25,183P roposed R u l e s :

120 ---------------------- 159, 322, 381121 ------- 40,128,159, 322, 351, 352

22 CFR41 ---------------------------------------- 274, 36742 -------------------------------------- 27444----------------------------------------- 27425 CFRAppendix________ 12226 CFR1--------------- 219, 36716----------------------------------------- 27748------------------------------------ 348198---------------------------------------- 219P roposed R u l e s :

1---------------- -------------------- 28029 CFRP roposed R u l e s:

545____ 37732 CFR1464_________________________ 225

32A CFR PageOEP (Ch. 1):

OCDM Reg. 4______________ 122OEP Reg. 4_____________ 122

33 CFR203-------------------------------- 28,225, 368204— --------------------------- 225, 319, 349207__------ ------- ------------- 225, 319, 349

35 CFR24----------------------------------------- 226

36 CFR213---------------------------------------- 155P roposed R u l e s :

7------------------------------------ 39,321

38 CFR2------------------------------------------ 283--------------------- 28,29, 72,123,183, 3196------------------------------------------- 338------------------------------------------ 3319---------------------- 35

39 CFR111---------------------------------------- 123112--------------------- ----------------- 123

43 CFRP ublic Land Orders:

559______________________ 320

43 CFR— ContinuedP ublic Land Orders— Continued

2783__________ __2852. 156

P roposed R ules:13_________

46 CFR510______________171--------------------------- ■P roposed R ules:

C h . IV _______

47 CFRo ___________________i ____3__________ ___P roposed R ules:

0____________13_____ . . . . . .15___________

49 CFR ' 191_______________95_______________207______________ --------------------- 264P roposed R ules:

1 7 6 _________ — _____ _____ 40

50 CFR33_______________ . 124-127,157,228,229